Assistant City Manager Hilda Fernandez Explains The Confusion Over The Dermer CANDO Bait and Switch Game

Assistant City Manager Hilda Fernandez Explains The Confusion Over The Dermer CANDO Bait and Switch Game

 

 

Dear Ms. Fernandez:

     I have perused your response to my questions at some length, and I must say that I am pleased that you have cleared up what you recognize as “some confusion,” and that you have done so entirely to my satisfaction.

As I understand your response, the new CANDO zoning ordinance will discriminate in favor of the occupation class that has often been discriminated against, cultural arts workers, and to the extent that, theoretically, an artist or other cultural worker with no income whatsoever might qualify for housing.

     Such reverse discrimination might not sit well with some of my fellow residents, but I like it very much, especially since Mayor Dermer’s CANDO spokesperson, A.C. Weinstein, said that I, as a writer, would qualify as a cultural arts worker because “writers are bullshit artists.” Furthermore, I am one who has often had little or no income from my preoccupation.

     As an author there is something I must get off my chest in respect to the confusion of the three hotel properties, which the city purchased for development, with the CANDO project, which you have identified has having nothing to do with the hotels. Please excuse me for unloading on you.

     There was more than some confusion: there was a lot of confusion, so much confusion that, after I read the documents an interested party delivered to me, I thought Miami Beach residents had been marked for a classic bait-and-switch con. In fact, you are correct: The underlying documents for the financing and purchasing of the hotel properties speak to affordable housing in general and make no mention whatsoever of CANDO or its special qualification requirements. Nevertheless, all along, the two things have been associated in the public mind, and that was obviously the doing of the Mayor’s office.

     Yes, ma’am, the financing and purchasing of the hotels was trumpeted as an artistic CANDO thing all along. Now people shall discover that no art but the art of rhetoric had anything to do with the matter.

      FERNANDEZ: “There is currently no CANDO-specific project under development with City funds.”

     “The City of Miami Beach will pursue a $13.7 million purchase of three vintage apartment houses that are to be the linchpin of a new cultural-arts district by providing affordable housing…. ‘I am delighted and relieved,’ said Nancy Lieberman, chairwoman of the mayoral committee spearheading the creation of the Cultural Arts Neighborhood District Overlay….The Barclay and London House are currently used for low-income rental housing. The Allen is vacant.” (‘Beach moves to buy apartments for cultural-arts district,’ by Charlotte Libov, MIAMI TODAY January 25, 2007)

     “Last year during his State of the City Address, Mayor David Dermer talked the talk about forming a committee to guide the creation of the cultural arts neighborhood district overlay, CANDO. This year the committee walked the walk, and not only formed the cultural arts neighborhood but tapped the Miami Beach Community Development Corporation to fund the purchase of The Barclay House at 1940 Park Avenue., The Allen at 2001 Washington Ave., and The London House at 1965-1975 Washington Ave. to be converted to affordable housing. ‘The city is taking it seriously,’ explained Jeremy Chestler, executive director of ArtCenter/South Florida, who also serves on the committee, ‘not only be supporting the idea by pulling such a diverse committee, but with its financial commitment.’” (‘What is Up with Cando? New Cultural Arts Neighborhood in Miami Beach will bring artists back.’ by Steve Mayo, MIAMI ARTS GUIDE).

     FERNANDEZ: “I don’t know what forty units you are referencing, as all three buildings are being developed for affordable housing.”

     I am referring to the 40 units identified during my interview with A.C. Weinstein, Mayor Dermer’s official spokesperson for CANDO, who referred to The Barclay House (65 units), The Allen (42 units), and The London House (54 units). He said that, of the 161 units, 40 units had been allocated for cultural arts workers as per the proposed CANDO Ordinance, which specifies that, “Existing units being rehabilitated in the CANDO overlay district” would be exempt from the minimum size requirement “if 25% of the units are reserved for ‘cultural arts workers as defined…” (161 X 25% = 40.25 = 40 rounded)

     As you recently informed Tania Valdemoro of the Miami Herald, the definition of cultural artists specified that they must have between 51% and 120% (amended from 80%) of the HUD median income of $55,900 (this year), which can be calculated on the figures you reported to the Herald, as between $28,509 and $67,080 – you go on to state that Miami Beach’s cultural arts workers make at least $22,000, an absurd statement that raised many eyebrows and cast doubt not on you but on the Herald report of July 1, 2007. I have already pointed out at length that very few “struggling artists” whom CANDO is supposedly going to benefit earn anywhere near $28,509 on their art annually, nor would $22,000 come close to the income one of the most promising artists on Beach earns as a full-time painter.

     In an interview with Commissioner Matti Bower a few days ago, she informed me, after we discussed the three buildings, that the CANDO zoning must be approved now, otherwise the money would be lost. She also said that the 51% of median income eligibility requirement for CANDO projects would not apply, and that it would be illegal to discriminate against non-cultural-arts workers. In retrospect, her statements did not make sense, and I supposed that she had been misinformed by the Mayor’s good office or subject to some confusion. That is, unless the CANDO zoning is needed to qualify the already purchased buildings, in which case the money might be “lost” but the buildings would revert to the City. Of course, Commissioner Bower may have thought she was talking about apples and oranges, and did not realize that the Mayor’s media consultant had created some confusion in the public mind.

     But now, given your clarification, that CANDO has nothing to do with the three properties, of which The Allen is apparently going to be flipped to a private developer in 24 months, it is apparent that the City does in fact intend to discriminate in favor of cultural arts workers, and did intend but no longer intends, according to the revised Ordinance proposal, to require a minimum qualification of 51% of HUD.

     FERNANDEZ: “Independently of this project, the CANDO committee is moving forward with recommended zoning/planning that would be available in the area designated as CANDO. Should these incentives be approved by the City Commission, they would apply for NEW projects located within the CANDO and provide specific incentives for housing that targets income eligible cultural arts workers, meeting the affordable housing income standards that set a maximum – but no minimum – on income.”

You have made it perfectly clear that CANDO has nothing to do with the three properties in question; you have also made it clear that the Commission will drop the minimum (51% of HUD) from the Ordinance, but will retain discriminatory clause in favor of cultural arts workers. I thank you very much for that clarification, and hope it will be published on the honorable Mayor’s website, to offset the misleading information thereon, a primary source of what you have diplomatically referred to as “some confusion.” I hope that that is all it was.

Sincerely,

David Arthur Walters

Below are the answers to all of Mr. Walters’s questions to Ms. Fernandez

1. Is the deal on the three buildings closed?

     The Loan Agreements between Miami Beach Community Development

 

Story Continued page 2

 
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