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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) JICOO"O