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Guidelines email from Rhonda Montoya 06/11/2010 @ 10:12 a.m.Hatfield, Liliam From: Parcher, Robert Sent: Friday, June 11, 2010 10:36 AM To: Hatfield, Liliam Subject: FW: Special Master Check List Please scan this with the resolution for future reference. Bob MIAMIBEACH Robert Parcher, City Clerk CITY CLERK'S OFFICE 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7411 /Fax: 305-673-7254 / www.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. From: Parcher, Robert Sent: Friday, June 11, 2010 10:35 AM To: Montoya, Rhonda; Rey, Alejandro; Martinez, Lisa; Neves, Cynthia; Lecounte, Sonia; Avalos, Adrian Cc: Smith, Jose Subject: RE: Special Master Check List Rhonda, thank you for the clarification. MIAMIBEACH Robert Parcher, City Clerk CITY CLERK'S OFFICE 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7411 /Fax: 305-673-7254 / www.miamibeachfl.yov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. From: Montoya, Rhonda Sent: Friday, June 11, 2010 10:12 AM To: Parcher, Robert; Rey, Alejandro; Martinez, Lisa; Neves, Cynthia; Lecounte, Sonia; Avalos, Adrian Cc: Smith, Jose Subject: RE: Special Master Check List Bob, Guidelines are guidelines. The resolution does not need to be amended. Best efforts are supposed to be used to follow GUIDELINES. We discussed this fifty million times when they were drafted and passed because, to the extent they are in conflict with Florida Statutes, they cannot be enforced. Because they are GUIDELINES, there is no enforcement mechanism if GUIDELINES are not followed period. From: Parcher, Robert Sent: Friday, June 11, 2010 8:17 AM To: Montoya, Rhonda; Rey, Alejandro; Martinez, Lisa; Neves, Cynthia; Lecounte, Sonia; Avalos, Adrian Cc: Smith, Jose Subject: RE: Special Master Check List Good morning. Question: Based on the email responses, does the resolution need to be amended? The reason why I ask is if a Commissioner or a member of the public were to review Resolution # 2009-27234 which stated that the "City Commission hereby approve the Administrative Guidelines attached hereto as Exhibit "A"..........., and the Administration is not following the approved guidelines, is that a problem. In other words, is the Commission working under the premise that the Guidelines they approved are to be followed? Bob MIAMIBEACH Robert Parcher, City Clerk CITY CLERK'S OFFICE 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7411 /Fax: 305-673-7254 / www.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. From: Montoya, Rhonda Sent: Thursday, June 10, 2010 2:31 PM To: Rey, Alejandro; Martinez, Lisa; Neves, Cynthia; Lecounte, Sonia; Avalos, Adrian Cc: Parcher, Robert; Smith, Jose Subject: RE: Special Master Check List Alex is correct. Many of the items cannot be "mandated" as a matter of law. By definition, guidelines are just that -- merelyguidelines. Cases cannot be dismissed for failure to adhere to guidelines. From: Rey, Alejandro Sent: Thursday, June 10, 2010 1:46 PM To: Martinez, Lisa; Neves, Cynthia; Lecounte, Sonia; Avalos, Adrian Cc: Parcher, Robert; Montoya, Rhonda; Smith, Jose Subject: RE: Special Master Check List Lisa, I believe that this has been misinterpreted, (reviewed that section when the guidelines were being prepare, and the intent was to create a checklist to verify that the requirements were followed. Hope that helps. Alex MIAMIBEACH Alex Rey, Building Director BUILDING DEPARTMENT 1700 Convention Center Drive, 2nd Floor, Miami Beach, FL 33139 Tel: 305-673-7610, Ext. 6812 /Fax: 786-394-5384 / www.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. From: Martinez, Lisa Sent: Thursday, June 10, 2010 1:39 PM To: Neves, Cynthia; Lecounte, Sonia; Avalos, Adrian Cc: Rey, Alejandro; Parcher, Robert; Montoya, Rhonda; Smith, Jose Subject: RE: Special Master Check List I am attaching a copy of the administrative guidelines mandated by the City Commission. I believe some if the documents currently being submitted are required in order to comply with these guidelines. Please review Exhibit A, Section III entitled "Transmittal of Enforcement Case to Special Master." MIAMIBEACH Lisa R. Martinez, Clerk of the Special Master CITY CLERK'S OFFICE 1700 Convention Center Drive, Miami Beach, FL 33139 Phone: 305-673-7181 /Fax: 786-394-4129 / www.miamibeachfl.yov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. From: Neves, Cynthia Sent: Thursday, June 10, 2010 11:51 AM To: Lecounte, Sonia; Avalos, Adrian Cc: Rey, Alejandro; Parcher, Robert; Montoya, Rhonda; Martinez, Lisa; Smith, Jose Subject: RE: Special Master Check List Sonia, understand and I agree; however, there is still the pending noticing issue which to date I have not received anything in writing. Because sunbiz changes often, I believe that we do not have the man power to send noticing to everyone listed on sunbiz. Dade County Property Appraiser Office information is a sure indication that the proper owner is being notified and there is a violation on the property. There isn't much we can do if the property owner chooses to ignore the certified notice of violation issued from the violations section of the building department and certified mail notice to appear before Special Master from SM office. In my experience once a fine has been placed on the property and lien has been filed, it's amazing how the owners seem to appear out of blue. Many owners claim they had no idea there were fines/lien when the property is in the process of being sold. Cindy MIAMIBEacH Cynthia L. Neves, Clerk of the Special Master CITY CLERK'S OFFICE 1700 Convention Center Drive, Miami Beach, FL 33139 Phone: 305-673-7181 /Fax: 305-673-7182 / www.miamibeachfl.gov From: Lecounte, Sonia Sent: Thursday, June 10, 2010 10:55 AM To: Neves, Cynthia; Martinez, Lisa Cc: Rey, Alejandro; Parcher, Robert; Montoya, Rhonda Subject: FW: Special Master Check List Good Morning Cindy, Lisa, The necessity of providing the exhibit which include a copy of the most recent information provided by Dade County Property Appraisers Office and Sunbiz.org along with the NOV and Images has come under administrative review. It has been determined that this process is not only time consuming but is not cost effective. I understand that the Special Master Checklist must be completed to reflect that all pertinent information related to the violation has been checked and submitted along with the request to send a case to special master however the need to include the additional copies provided via the web by Dade County Property Appraisers Office and Sunbiz.org along with the request to send the case to Special Master may not be necessary. I would like to suggest going back to the original system where the Images and Notice of Violation will be given at the hearing for new cases. I look forward to hearing your thoughts in reference to this process. Thank you, MIAMIBEACH Sonia M. LeCounte, Office Associate V/Building Information Officer BUILDING DEPARTMENT 1700 Convention Center Drive, 2"d Floor, Miami Beach, FL 33139 Tel: 305-673-7610 ext. 6675 /Fax: 786-394-4067 www.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community From: Neves, Cynthia Sent: Friday, July 31, 2009 9:03 AM To: Avalos, Adrian; Lecounte, Sonia; Berry, John Subject: Special Master Check List Hi there, I don't really know what's going on with the checklist but you need to check off the list as you attach the information to the list. All of the information SM received for exhibits, nothing was checked off. I believe one that the one purpose of having a check list was to check off what you have submitted. Thank you, Cindy MIAMIBEacH Cynthia L. Neves, Clerk of the Special Master CITY CLERK'S OFFICE 1700 Convention Center Drive, Miami Beach, FL 33139 Phone: 305-673-7181 /Fax: 305-673-7182 / www.miamibeachfl.gov