File Ref. #073 B
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OFFICE OF THE CITY ATTORNEY
MURRAY H. DUBBIN
City Attorney
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Telephone: (305) 673-7470
Telecopy: (305) 673-7002
August 12, 1998
Via Facsimile 305-531-0150
Kent Harrison Robbins, Esq.
1224 Washington Avenue
Miami Beach, PL 33139
RE: Warren Harding Hotel (the "Hotel"); DRB Pile No. 9817 (the "DRB Pile")
Dear Mr. Robbins:
In connection with the above-referenced matter, and in response to your letter to Dean
Grandin dated August 1 0, 1998, please note the comments set forth below on behalf of the City
Attorney's office and the Administration.
1) The Development, Design and Historic Preservation Division received your letter
dated June 24, 1998 addressed to Dean Grandin and a copy of same was placed in the DRB Pile;
I also r~eived a copy of said letter.
2) No written response to your June 24, 1998 letter was provided since the Hotel was
scheduled for additional public hearings on August 11, 1998 at which time you would be provided
with an opportunity to be heard.
3) The Citizen's Bill of Rights contained within the City's Charter does not impose upon
Mr. Grandin, or any other administrative official, a "duty to meet with [you] on this matter to hear
[your] client's objections." Rather, Sections (A) and (B) provide, in relevant part, as follows:
"(A) ... In order to provide the public with full and accurate information,
to promote efficient administrative management, to make government more
accountable, and to insure to all persons fair and equitable treatment, the following
rights are guaranteed:
* * *
5. Right to be heard. So far as the orderly conduct of public business
permits, any interested person has the right to appear before the City Commission
or any City agency, board or department for the presentation, adjustment or
determination of an issue, request, controversy within the jurisdiction of the City.
1700 Convention Center Drive -- Fourth Floor -- Miami Beach, Florida 33139
Kent Harrison Robbins
ORB File No. 9817
August 12,-1998
Page 2
Matters shall be scheduled for the convenience of the public, and the agenda shall
be divided into approximate time periods so that the public may know
approximately when a matter will be heard. Nothing herein shall prohibit the City
or any agency thereof from imposing reasonable time limits of the presentation of
the matter.
*
*
*
(B) The foregoing enumeration of citizen's rights vests large and
pervasive powers in the citizenry of the City of Miami Beach. Such power
necessarily carries with it responsibility of equal magnitude for the successful
operation of government in the City. The orderly, efficient and fair operation of
government requires the intelligent participation of individual citizens exercising
their rights with dignity and restraint so as to avoid any sweeping acceleration in
the cost of government because of the exercise of individual prerogatives, and for
citizens to grant respect for the dignity of public office.
4) The City has not violated your client's right to be heard as evidenced by the four
public hearings conducted by the Design Review Board on February 10, March 25, June 9, and
August 11, 1998, during which, it is my understanding, you appeared before the Board on behalf of
your client. (Please note that the item was also scheduled on the March 10th agenda of the Board.)
The Charter requires that administrative officials balance all of the goals set forth therein, including,
promoting efficient administrative management while insuring that citizens are able to "appear"
before the City Commission and its agencies and department. The Charter not only does not require
that each and every request for a meeting be granted, but such reading ignores the overriding
prerequisite to the right to be heard: "So far as the orderly conduct of public business permits."
5) Based on the foregoing, it is unclear how your clients have been prejudiced. In the
event there is any misunderstanding, I am hereby confirming, for your client's benefit, that, to the
extent they can establish standing, they may pursue all administrative remedies provided in our
Code, including, without limitation, appeal of any DRB order and appeal of an administrative
decision, in accordance with the procedures set forth therein.
6) As you are aware, the DRB File is scheduled for another public hearing before the
Design Review Board on August 26, 1998. If you believe there is additional information which has
not been previously presented to the City either during the referenced public hearings or in prior
correspondence and which information cannot be presented during the August 26th meeting, then,
in that event, please contact me and I will try to schedule a meeting during a mutually agreeable time
with Dean Grandin or Tom Mooney.
With respect to your public records request, I am in the process of gathering the documents
requested. As soon as reasonably possible, the documents will be made available for your review,
or copying (with the prescribed payment), at your convenience. By copy of this letter to Tom
Mooney and Dean Grandin, I am hereby confirming that they will respond to the public records
request in accordance with the requirements of Chapter 119, Florida Statutes.
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
Kent Harrison Robbins
DRB File No. 9817
August 12: 1998
Page 3
Finally, as you are aware, Dean Grandin in currently on vacation and will not be returning
to the office until Monday, August 17, 1998. In the event Mr. Grandin has additional information,
or seeks to supplement this response, he may respond separately.
Thank you,
Diana Grub Frieser
First Assistant City Attorney
cc: Murray H. Dubbin, City Attorney
Donald M. Papy, Chief Deputy City Attorney
Sergio Rodriguez, City Manager
Janet Gavarrete, Assistant City Manager
LR15bert Parcher, City Clerk
Dean Grandin, PDHP Director
Tom Mooney, Senior Planner
Lucia Dougherty, Esq. (w/encl.)
F:\A TIO\GRUD\L TRS\ROBBINS.L TR
OFFICE OF THE CITY ATTORNEY. 1700 CONVENTION CENTER DRIVE - MIAMI BEACH. FLORIDA 33139