237-2000 LTC
CtTY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\IcLmiami-beach.fl.u.
~.
L.T.C. No. 3'31-00
LETTER TO COMMISSION
November 3, 2000
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
FROM:
Jorge M. Gonzale\
City Manager () ~
Swedroe Encroachment
SUBJECT:
On this date, and in consultation with the City Attorney's Office, the City Administration
removed the illegal fence placed by Mr. and Mrs. Robert Swedroe on the 78th Street and Collins
Avenue public street end, said street end located to the west of the Swedroe's home. The removal
of this fence occurred subsequent to the Swedroe's failure to comply with a temporary injunction
entered by 11th Circuit Court Judge Margarita Esquiroz requiring the Swedroes to appropriately file
their Motion for Stay of the Historic Preservation Board's September 26,2000 Order regarding the
illegal encroachments; the Motion for Stay was filed, but the Swedroes failure to submit mailing
labels for public notification of the Historic Preservation Board's November 14, 2000 meeting
(which requirement they had been notified of on numerous occasions by Historic Preservation Board
staff), was an effective failure on the Swedroes' part to comply with the injunction order.
Accordingly, I telefaxed the attached letter to the Swedroes and their attorney at approximately 5:00
p.m. on November 2, 2000, notifying them of the facts and the City's intention to remove the illegal
fence on November 3, 2000.
At approximately 9:40 a.m. on November 3, 2000, the City Attorney's Office discussed the
facts at issue with Judge Esquiroz's secretary, and of the City's plan for fence removal at 11 :30 that
morning. The secretary told Deputy City Attorney Jean Olin that she would immediately inform the
Judge of both the Swedroe's position for nonremoval as well as the City's position for removal, and
that the Court would either order a hearing, or not. In fact, the Judge did not order the City to halt
removal. Accordingly, the Public Works Department, under the direction of Assistant Director
Michael Alvarez, using shovels and zip saws, removed the encroaching fence, the process taking
place between 11 :30 a.m. and 2:30 p.m. Also in attendance at the site were Deputy City Attorney
Jean Olin, First Assistant City Attorney Raul Aguila, Media Specialist Ron Francis, and Miami
Beach Police Officer Captain Tom Skinner as well as another attending Police Office. Howard
Weinberg, Swedroe son-in-law, was present video taping the scene, as well as a video camera
operator from W AMI.
, ,
The removal of the fence was accomplished without incident. Once the fence was removed
from the right-of-way, City personnel carried the fence inside Swedroe's property and placed the
fence inside the property on the driveway area, pursuant to instructions of Howard Weinberg. Public
Works further addressed landscaping and electrical issues by ensuring there was no outstanding
liability to the City of Miami Beach via unexposed wires, etc. The City will also be placing "Public
Beach Access" signs on the subject right-of-way.
In accordance with City policy, the Public Works Department will be placing a lien against
the Swedroe's property for the City's cost of removal operations which cost total approximately
$900.00 (representing 27 man hours).
F:\SCMB\TEMP\SWEDROE.LTC
2
. . _. s
CITY
OF
MIAMI
BEACH
1700 Convention Center Drive. Miami Beach. Florida 33139
http:\\ci.miami-beach.f1.us
City of Miami Beach
Facsimile 305 673.7782
Telephone 305 673-7010
November 2, 2000
George J. Lott, Esquire
Lott & Levine, Attorneys at Law
Two Datran Center, Suite 1701
9130 South Dadeland Boulevard
Miami, Florida 33156
Via Facsimile (30~) 670-0701
Re: Swedroe Illegal Encroachment
Dear Mr. Lott:
This is to inform you that due to your failure to comply with the terms of this Office's
agreement to stay removal of the subject encroaching fence during the pendency of your clients'
Motion for Stay of the Historic Preservation Board Order, dated September 26, 2000, the City of
Miami Beach will be removing said fence on Friday, November 3, 2000.
The City's Planning and Zoning Department had, on numerous occasions notified you ofthe
need for you to provide mailing labels to inform neighboring residents of the scheduled November
14,2000 Historic Preservation Board hearing on the Swedroe's Motion for Stay. In informing you
ofthe need for these mailing labels, you were further informed that the deadline date for the City's
receiving same in order to place the agenda item on the November 14, 2000 meeting agenda was
Monday, October 30, 2000. As of this date, the labels have still not been received. Your failure to
provide the City with these labels prevents the Motion for Stay from being heard at the November
14, 2000 Historic Preservation Board meeting.
Inasmuch as you have, consistent with prior actions, violated the spirit of our understanding,
and of Judge Esquiroz's Order, that you would file your request for stay as promised and, by
implication, timely comply with the City's noticing requirements therein, the City has no choice but
to remove your fence on the scheduled date. The City of Miami Beach will only be removing this
fence, with the remaining encroachments which were the subject of the Historic Preservation Order
at issue to be heard by the Historic Preservation Board at its December 12, 2000 meeting. Be
advised that the deadline date for supplying labels for this December 12, 2000 Historic Preservation
meeting is November 16,2000.
V\ry truly yours,
JoQ::?t~::(r~O
City Manager
cc: Howard Weinberg, Esq. (via facsimile)
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