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LTC 034-2010 South Pointe Park North Boundary Maintenance Issues - Mr. Haberm ~~~~11AM1 BEACH CiFFICE OF THE CITY MANAC:FR Nc~ LTC # 034-2010 LETTER TO COMMIS~IC3~f ~ ~ `' '"' `Z -ii'E ro: Mayor Matti Herrera Bower and Members of the City Commission FRC)M Jorge M. Gonzalez, City Manager DATE January 25, 2010 ~ - SUBIECL South Pointe Park North Boundary Maintenance Issues - Mr. Haber The purpose of this LTC is to provide you with an update of the City's response to Mr. David Haber's letter to the Mayor and City Commissioners dated November 4th, 2009 (see Attachment A) and his subsequent follow up email of November 24, 2009 (see Attachment B). Mr. Haber's original letter identified several areas of concern regarding maintenance issues and responsibilities along the South Pointe Park (SPP) north property boundary, which lies adjacent and parallel to the Portofino Towers private service road (see Attachment C which identifies the respective properly boundaries). On November 24, 2009, Ciry staff along with Mr. Haber and management staff from both Portofino Towers and the Continuum South Tower Master Association performed a walkthrough of the area, documenting and prioritizing all items that required immediate attention and correction as well as identifying the respective agencies which would have jurisdiction over the problem. In his email of November 24'", 2009, Mr Haber memodalized this field inspection in an outline formal which, in the interest of consistency, is used here to provide you clarifications, an update and/or a sper..ific plan of action. 1) Inquiry as to whether the Developer of the Continuum Tower has created unsafe structures due to the rusted and exposedlcorroded rebar and columns in this lot. The Chiefs of Electrical and Code Compliance inspected the site and Holed no deficiencies that would meet the criteria to classify the site as unsafe; per the Building Department, as of January 20, 2010, the construction at the project site is not deemed to bean unsafe structure as defined by the Miami-Dade County Municipal Code, sec. 8-5. The permit holder has requested and received the required inspections within the time allotted by the Florida Building Code (FBC) to keep the permit in the active status. In accordance with Sec. 105.4 FBC and Sec. 105.4.1.3 FBC, work shall be considered to be in active progress when the permit has received an approved inspection within 180 days. The permit is valid as long as there is construction progress and an approved inspection is recorded within each 180 day period. Permit 80506353 forthe unfinished restaurant has been pursued in good faith acwrding to the inspection requests and inspection results. The requests and inspection results can be seen through the permit history in Permit Phrs. The permit has an expiration date of 03/07!2010. LTC -South Pointe Park Maintenance Issues - Mr. Haber January 25, 2010 Page 2 of 3 2) Code Compliance to investigate possible violations regarding the presence of debris and garbage at the Continuum Restaurant Parcel. Immediately, following the site inspection Code Compliance visited the site and issued the Continuum a 24- hour warning to correct all noted violations priorto a follow up site inspection. The Conlinuurn South Tower Master Association imrnedialely removed all related debris within and along the perimeter of the abandoned site. Subsequently, Code Compliance has been monitoring the site on a daily basis along with inspectors from the Public Works Department, to ensure that the site is properly maintained (Attachment D: Photo taken on 11/24/09). 3) Sinking brick pavers encountered along the west side of Ciiy sidewalk easement from South Pointe Drive to South Point Park. Immediately following the silo visit, the Continuum South Tower Master Association, was ordered by the City to repair this band of depressed brick pavers located within the pedestrian easement west sidewalk. Repairs were completed. thus eliminating any potenfial tripping hazard (Attachment E: Photo taken on 11124/09). 4) Open electrical boxes with exposed Wires along the west (sic) side of Ciry sidewalk casement from South Pointe Drive to South Point Park. Immediately following the site visit, the open junction boxes and exposed wires located on the cast side of the Ciry's easement, were covered and properly secured (Allaohment F: Photo taken on 111'24109). A Fire Prevention Inspection was subsequently conducted. The inspectinn yielded nn further action by virtue o(lhe (act that the electrical junction boxes and all exposed electrical wires had peen already covered and secured, 5) City to contact FPL/Bell South regarding the wires hanging in the trees on the EastlWest easement behind Portofino and the South Pointe Buildings. The easement in question lies outside the boundaries o(Cily owned property, and within the access road belonging to the Portofino property Easements are required for any electrical lines and equipment on private property. FPL has advised the City that it is only responsible for pruning tree branches away from its primary service line. The secondary lines which are leased by AT&T and Atlantic Broadband Cable are not part of the electrical distribution system, but rather telephone and cable service lines. Under its current lease agreement. FPL is not required to prune. Although these individual companies conduct independent pruning, FPL has advised the City that customers should maintain trees and other vegetation on their properties before they interfere with electrical lines and any other equipment. Moreover, the City's Parks and Recreation Department has communicated with Portofino Towers and recommended that the trees along fhe servire road he pnrned by a certified Arbodst and that Portofino Towers may be required to obtain a DERM tree maintenance permit prior to start of the tree pruning activities. 6) Fence located along the north boundary of South Pointe Park. The current fence is located along the established boundary belwaen the park and the access road. The City's Operation Division will assist the Continuum South Tower Master Association with a cost estimate from a certified fence contractor to replace the damaged lance with a new screened charn link fence to include visual screening in order to ensure that no debris and/or alleged trash migrates to the access road. LTC -South Pointe Park Maintenance Issues - Mr. Haber January 25, 2070 Page 3 of 3 7) Garbage and Debris located along the north boundary fence of South Pointe Park The Sanitation Division of the Public Works Department was also present at the site meeting held with Mc Haber. During the walk-through, there was no visible trash along the northern boundary of the Park. The Sanitation Division conducts periodic inspections of the entire park, ensuring particularly that the SPP northern boundary is free of debris and associated litter left by park visitors. The park sanitation cleaning schedule has been adjusted so the northern boundary is serviced every day. 8) Undergrounding of wires adjacent to the Portofino Towers, along the nodhem boundary of South Pointe Park. With regards to FPL undergrounding, the role of the Cify has keen defined as a facilitator with FPL. The process for undergrounding requires the involvement of the City since FPL's current policy requires that it rontract with a municipality, county, or similar local jurisdiction, to perform neighborhood undergrounding projects. The other utilities, such as telephone and cable, typically follow FPL in sequence and process since the aboveground utilities are typically hung from poles owned by FPL. In general, the undergrounding process starts when a petition signed by a majority of property owners is submitted by the HOA to the City. Once the City Commission approves the petition, the City obtains anon-binding ballpark estimate from the utility companies. Next, the HOA makes a deposit with FPL to start design and later makes a final deposit to obtain a binding cost estimate from FPL and all other utilities. After receipt of the binding estimate, the HOA enters into an agreernent with Rte Cily for project management and requests the creation of a Special Assessment Distdrt to fund the project. (It can also request the creation of a special taxing district from Miami- Dade County). The City can facilitate initial discussion or a meeting with FPL representatives and the Portofino Tower Condominium Association. Please feel free to contact me it you have any questions about the actions taken by the Cily in response to Mr. Haber's maintenance concerns on the northern boundary of South Pointe Park. Attaohments: A -David Haber's letter, response to the Mayor and City Commission Dated Novembcr4`h, 2UU9 B -Subsequent follow-up email dated November 24, 2009 C -Respective property boundaries D -Pictures showing the presence of no debris along the perimeter on the abandoned site E Picture of the repaired brick pavers F -Picture of the covered and properly secured junction box CI~G/FFfE/FV/dc F 'a~nIAtFALLt(1j EtiiFL VVEE FOr f1FRti'k FKNANO(1 Vn/UI11-/'.I I ('tinulll Vum4~ V:i:k Nurtb M„nws:rv t:,,n>;I,nch,n: Ar::. rtramn~I d: c. Attachment - A LAW O~ CES ni~' :~ :.U1S - _ DAVID S.H.~4BEB,Y.a,. - C J, •.~s.'-,-:~° ,• ~ - ' • `' . _ f"`- S{JlCTP.IISTINTI;RNAT'IONALC'EP"~'F'~+SIIPTEIS20 _ ~ OIVS SOL~TH&AST TSIIL~ A~'LNiTr M1AM[,FtARIDA 33131 . p FA.Y pR3) 3/Y-i IIXi neetr . dmtia4aw.eomt November 4,?.009 4ia.F.-mail and LS. Mail: mavorbawcrla2miamibeachtl.°-O~' The Honorable Mayor Matti Heann Bowes 1700 Coavention C~tnrD~ivo Ivfi~BeacsL,?7, 33139 ionah~~tmfamib-..achfl.em Gaamm~saOner J OIIa1 VV OL1.401I fETtV~~fiIDil)EaChtl.Pd~' [`mmmiaci07]Ar JERy7dtlbin ed(almimtdbeachfLIIOv Co~issicmerF.dwax>i l.Tohin deede(slminmi'Deachfl.w~' ComzmssianetDe~le Wcithom Re: So>rth Pointe Park (`~'arl:'~ riorth Botmdary issnes; and COniinn~L Devdopar (SHOP, SBOY II,$BOP GP and SBOP GP 1~(cnIIedivety-"SBOP"1 nnisancJr from nafmished construction Dear MadamL: Mayer. and Cnnnaissione>a: As yoe all may know, I raaresca: the Portofwo Tows Condo~~m -4seoeiati~ ("Porcoffio"} and fhe Por6ofino(S Poimz: IvFaster .Association, Inc. ("lvtact~ Associatioa"j. My client has writt~ m the City previously conceminq tae aorthem honndary o`_ Sout¢ Pa'inLC: Dark DAVID B. HAEIIt. P.A. iYfadmns,NayOr m~ Conmtuswn~~ November c, annv Fage 101 3 ("Pori`"), where the Part. abtns tae easement mac behind the Portoimo and South Pointe Tower M}~ clienLS are ven~ concerned about the state of disrenair(iaci: of pmner mainiPrtan.:_ by the City atthenortitam boffidary of the Park. As Portnuno, foe Mosier Association anc ]have previouviy advised the City is writing the butrndary fence was ;ntned by Ste City during conshvciion and needs complete senlacemen_ The electri~l wiwa are hang na nom the tre-.s, ant it is the City's resnonsibilit;~ to get F°~I. m :lean the treat ant'. r~aang the wit~c. In fact, the Cite should be demanding that FP&:L take the wires tmdergrotrnd due to tue vattrre of the impmvemems to the Paris. There is no reason to have a 40 old wooden el-,.ctricpales when the City hoe scent such vast saws o: public mon,~ w renovate and modernize the Park The City should be t¢yenih~ demanding tmdergroffid wiring by FPLI.. Of equal imaorrat: e, the trash build rru a: the botmdary is atrocious, ana the City employees nsoonsl~le to cleat the Park MUST pay attention to the btuld trp of plastic bags, containers, class bottles, beer cans, etc. wlvcir are a^^tmzL~+±*+g a`agaiast tae fence Iirte. We all ~derstand that veaole come to the Park and "nave picnics atte otaerwise eat food and that.same •irash can blow away or Ieave trash=ecepta^.les when racy arc too hill already; however, since the northern bottndary fen: a pine is waeremnch of this eacrsv trash a:,csnnuletes, it ~tu^t be cleaned and removed bytne City as part of the clean up responsibilities ofthe City to the citizens. Fortoimo and the Maas- Association are good neighbors to fee Pori: and the owners of the tmite m. theme llssociatiems provide silntvicant tas xw~rres to fnc City. A clean Park with a nice visual norEncm botmda'y wits a clean fence line witho>tt rancid garbage and debris is in everyone's best interests. Please have the City's Public VJOrk~ L~aecmr take th:: nct~saty actione with tat ice line, the g~bageremoval anti the d.-mmrd nponF£~I.,. ;r addition. Prntofine and the Ivfaster Association's unit owners .arc furious that the Cit}, cvntmnes to allow SBOP and Mr. Eichner m keep a nuisance at the NVi' ~m-r oftae Contimtnm project with rusted : oiumna sod z~ebar sricldrtg out of ponr~i ~nerete - wife a ioa~ fence wiri:h coufmnalty blows down. Portofino one tae Ivlastcr P.ssoeiation prefer teat the City enforce its I)evelope" Agre,~ent with SBOP one either dement= completion of fhe Building found~rm o: the tear down o_` the colttmne and tlv placmp of grass on the. lot- such titer ii is no lan~~'a umsanee and a visual eye sore. 3f wn wish to discuss Phis m person, my clients would be plea+scrl m me °t with the elected oi'naals; tae City Yvlannget, Mawr, z+ttblic Works Director andlor otar City staff to address this matte;. l the mafi~ does not get addr-..ssed adequately I ws71 retltrest that the City plrrce this mafL;: on fhe. Chy Commission ao~dz w be addrssed a: a public meeting o; the Co*mn,cMon in taemotrthoflvov~,e: orT.~ecembe:,2UU9. DAVIDB. unrtr~ P_4. pee SY Thud .Avevue, $atte 182(1, Dfiaffi, PL. ~Ii1 Madamr. Mayor and Commissioners Nowanber S. JO[!9 gage 3 0;^9 I wouidreauest ioa': phis is to he vlaW^edas az ae~da item on the Commission meeting agenda, that it he given a time ceTfxin ec that I gad membezs v the BOTH o= both Fissociations ctm address tip Commission and make ourselves avaiiabie far fnsme: ring. Thank you io: your stteaaon to this matte. y~i~ y ta. g. P.A. ~ I B. SR ~~. cc: 3orse M. Gonzai~: S~ia F mail and u.S. Maii: cifymanaoer~rtrtlm;amibeachr7.em~ DH:u; _'uli~~aL1F~~~ ~~~~~ti: Yoinrc Mmc wac.>saonr (havmi Re~r®tion~L.eCe ID C.it~~~ °~k.DOC DAVID S. RnRF'Ih_ p a.. Chie S~ Third Ave~me, Swite li~.'U, NFu~i, FL 3.1131 Attachment-B Page I of'i Woodson, Demar Subject: FW: Walk through of South Pointe Park From: David Haber <dhaher@dhatx>rlaw.com> To: Carreno, Charles; Gomez, Jorge; Gonzalez, Jorge; Rey, Alejandro; Smith, Jose Ce: Vazques, Fernando; manager@contlnuumsouthtower.com <manager@continuumsouthtower.rnm>; avillaverde@portofino-towers.com <avillaverde@portofino-towers.com>; Jerrold Blair <nanjer@bellsouth.net>; kashw(rnaol.com <kashw(gtaoLcom>; kfolander(~:msn.mm <kfolander(etmsn.com>; jacknf(ayahoo.com <jxknf@yahoo.com>; jonathannussbaum@aol.com <jonathannussbaum@aol.com>; acelennon(amsn.mm <acelennon(~msn.com>; JOYCE GARRET <ROYCE803@AOLCOM>; Aaron Swimmer <alsC~swimmedawassocia[es.com>; Lipner, Shari; Tobin, Ed; edrn~edtobin.com <ed(gtedtobin.com>; Bower, Mate H.; Weithorn, DP.P.dP.; Libbin, Jerry; Wolfson, Jonah; Exposito, Jorge; Gongora, Michael; VDIAZ@PODHURST.com <VDIAZ@PODHURST.com> Sent: Tue Nov 24 18:00:13 2009 Subject: Walk through of South Pointe Park Dear Mr. City Manager, Mayor and Couunissiuncrs (including the M=o newly c-cctcd Commissioners whose email addresses are hvpel'ully up and running, unlike the City's 4ViFi): Please he advised that in response [n my letters nn behalf of Continuum South Tower, Prnrtofino Towers and Portofino/tivuth Pointe Master .Assvciatirnt, Inc. and my discussions ~a=ith C'ommissinner T.ibhin last week, the Cily sent out Mr. Fernando ~'asyucz and his staff to address sums ul'thc issues raised iu utJ• letter. Based upon our meeting, 1v4r. Vasyuez and his stab' are: L Inyuiring of the Building Department and Mc t inmez M'the Planning Deparnnenl as to whether the )eveloper of the Continuum restaurant parcel, SHOP and F,ichner, have created unsafe stntcmres due to Utc rusted and cxpuscd,+'curruded rcbar artd cuhmuts in that tut. As 1 ant sure your cutployccs have told you, alter receipt of my letter and demands upon the Developer they have thrown a couple vl' cement blocks up this week to avoid their pettnit from expiring once again. This type of situation (which is similar to what is going on at bth street and Alton road at that empty parcel j is a disgt•ace and the City needs tv have the City Attorney find out what can be done, as w==ell as from the building and zoning department perspective. Merely placing a nail or stake in the ground every 12 months isjust not good enough. At least that is the position ul• my clients. My clients want those struclttres torn duevn immediately as they are unsafe and an eyesore. As for the legal rights of the City apart and separate liom the CitJ~'s Code, please have the City Attorney review the Development Agreement with SBOP and SROP TI since there arc clear violations by the Developer, which include the. restaurant parcel not bciog timely built and the Yark area al the beach that thr llcvulupcr was truing to build nut brink complcdud. You may all remember that the Developer did not even lix the sidewalk on the eastern end of the street on Ocean Drive across from Penrod's for so long shat the Cih had to threaten the Developer and.~or the City fixed it themselves. Commissioner Diaz was instrumental in Betting that accomplished. 7.. Cvdc compliance is going tv the. restaurant silo to investigate possible violativus. 1'hcrc is garbage and debris strewn all over the. restaurant parcel. an uusali: wuuck+u upcuing lacing the sidcwxlk casement at the cast side, a low fence near Uccau Drive on Ote northeast cunwr and uuutcruus other rude. violations by the Uwucr SRUY. '1'hc. City needs to properly cite the oflcudiug Owucr for these. viulatious, which viulatiuus have existed for wars. 3. 'the. City is going to lix the north south sidewalk cascnnut Crum the park at the. peak of the driveway towards the north end of lhu catsentcnt.'1"hc brick pavers arc sinkink in at the peak oCthc driveway vn the 12,' 14; 2009 Page 2 of 3 sidewalk and the City needs to fix the arefl. presumably by adding sand and re-laying the pavers. Fernando has htstructcd this to bc. done right away, since it creates a walking hazard and a liability issue for the City since the pavers loll in. 4. The City needs to address the open electrical wires and electric boxes nn the east side of the 1'CSIAU(ant parCCl O^ th0 ^OI'th $Onth Ca50m0nt In 1110 WhltO plflnterS, with openjunction boxes, exposed electric +aires clc. ~. The City is going to contact PP ~£: L and Bellsouth (and the cable company) regarding their wires hanging in the trees nn the Gast West easement behind the Portofino and S Pointe buildings. The hflnging wsires need to be fixed and the trees need to he cut back. G. The. City uccds to replace. the. cast west boundary fence on the northern boundary of the Park. which Iencc. which is half lum du+vn and which is in disrepair Frum the resident neighbors perspective, the City can place a new chain litil: green fence with a windscreen, to prevent debris from coming through the fence. C1P +vill have to find the money or the City ++=ill have to take same from the Park budget, since the fence is between the Park and the northem boundary of the easement. This is an incxpcnsicc fix. I think the City should bc. happy that the Associations arc not requiring a large white metal truce. 7. The sanitation department will he actively picking up all trash nn the City park side of the fence line so that it does not build up and create a worse eyesore. K. 'I'hc Portotinu'1'uwcrs and Portofino?5 Yuintc D4aslcr Associations want all of the wiring un the lencu line going underground. If all of the wires in the park 1•or electric are already underground, how• can the City allow the lines on the northern boundary to be above ground and be an eyesore. "17te pole itself must he ~0-7~ years old and the wires are all over the place hanging in the trees and bareh• off the ground in some areas. To the extent that HP 8c I. and bell tiouth will tell the City to pay for it, the City uccds to address Ibis is the ncif;Lburhuud C'dY budkct ur the Park budl;cl. The neighbors, who have units +vorth hundreds of millions of dollars if not more than one billion dollars worth of propem• (including the neighboring Continuum South Tow=er), are not happy with the lack of landscaping on the northem boundary of the park* (*there is nonej, the dilapidated fence and the hanging wires. These taxpayers are paying taxes to the City in the millions of dollars (probably ever $ I 0 million per }'ear in fld valorem tflxes alone), and they arc entitled to have the boundary with the Park. kept up, fenced properly, lanilscapcd and maintained. These citizens/voters taxpayers are also entitled to demand the City to do its job and resolve the eyesore created by the Developer SBOP on the restaurant parcel. This parcel has sat in a ha7ardoas and unsightl} condition for rn=er 2 vears and it is time to resolve the issue now. Hach of these Associations looks forward to working with City staff to lix each of these probknts as lhuy have gone un lung enough without being addressed. Please du not hesitate to contact me su that t can assist in coordinating with the appropriate persons aL the Purtolinu and Punolino,'South Pointe Master .Associations (AI Villaverde, Manager and Jerry Blair, President), and?or the Continuum South Tower Association (Capin Rosenthal, Manager and Jonathan Nussbaum, President), Thank you in advance for your assistance. 12:'14? 2009 Pa~_e 3 of'3 David R. Hahcr, Fsq. llavid B. Hahcr. Y.A. Sunlrwt International Center, Suite 1820 One SL• 3rd Avenue Miami, Florida 33131 Iclcphonc: (305) 379.24110 llirout Linc: (305) 379-5129 Fa.~: (305) 379-1 lob Pmail: dhahcr(ii;:dhaherlaw.com !\I'1'UR\'Lf 1' CLILS'f PRIVILLGLL) A'I"I'ORNEY WORK PRODUCT Pursuant to the Falr Pohl ColloUlon Pmcucos Act, please De advisod: "This is a wmmunicatlon from a deht collector. This Ic an attempt to collocl a Uobt and any Inlorrnadon oblahrod may Oo usod for That purpose." CIRCULAR 2a0 DISCLAIMER: The IRS now requires written advice (including electronic comma regarding one or more Federal (i.e., United States) tax Issues to meet ccrtaln standards. Those standards involve a detailed and careful analysis of the facts and applicable law which we expl tes tnat may ~e Imposed uy the IFtJ. In the event you would (lice us to p necessary for us to provide an opinion that does not require the above se feel free to contact us directty. 17,! 14i'1.11119 (~ Z ~ ~ c ~ ~. O .. N ~ .n N r_ 7 N a ' { t ~ f ( „ ^[ R jp V~ ~ Y,: ~A i ~ y ~ d a '~ Er a T L 1.= U] v v O ~°p{~'~-~~'~'~ i ~.66i~E1c~. p ~ VJ O ~p ~i',6 C C 2 O ~ ~~ Z ~ ~ m ~, .. D ~ ~ ~^ ~~ Jas bi 1v I 4~ / f ~~ ~~~~ ?~ P J ~ P ~ ~~ (/ ~ Y ' ~ tt ~Q a C i { 1 r1i; • . a n .94Y~•S ~~ ti Ufa I F ~ , ~ ~ r ~ a t. ~ < < ~ ~ ~ ,1 .. ° ,...o :.'JE~f '7 S~ ~ v ~, _ ~ „~ ~ f ~ '~ S` r' • :s ~~ R qq rC tT aTT'Y NJ~~ °1J. 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