e-Mails From: Gonzalez,Elias
To: Kallergis,Nick
Cc: Saca,Paul
Subject: Re:Palau Sunset Harbor/Nahmad DRB appeal-ex parte communications
Date: Monday,September 28,2020 9:20:25 AM
Hi Nick,
Certainly. Please see below and let me know if this wasn't what you were looking for:
Begin forwarded message:
From: Jackie Lalonde<jacquelineplalonde@gmail.com>
Date: October 30, 2018 at 10:52:07 AM EDT
To: <rnickysteinberg@miamibeachfl.gov>,
<rickyarriola@miamibeachfl.gov>,
<marksamuelian@miamibeachfl.gov>,
<johnaleman@miamibeachfl.gov>
Cc: David Berger<Bergerdav@aol.com>, 'Scott Robins'
<scott@robinscompanies.com>,
<davidmartinez@miamibeachfl.gov>, Mina Samadi
<m inasamadi @m iamibeachfl.gov>
Subject: PALAU- is for a temporary generator at the park
Folks,
Both the residents of Palau and the residents of Sunset Island 3&4 as
represented by our Board President's myself, Jackie LALONDE and
Linda Diamond would like to be certain that you are aware that we
are adamantly opposed to any permit generator solutions for our
neighborhoods.
In Sunset Island`s case we had a special board meeting to address this
very issue and unanimously voted to oppose any effort to install
permanent generators.
We have contacted the CIP department and they too are aware of our
position on this matter and are further in receipt of the board
resolution.
Jackie
Begin forwarded message:
From:("PALAU.Linda" <palau,linda@gmail.com>
Date: October 30, 2018 at 10:02:39 AM EDT
To: Jackie Lalonde<jacquelineplalonde@gmail.com>
Cc: Marcela-Palau BOD<sardi.palau@gmail,com>,
Ben-Palau BOD<london.palau@gmail.com>
Subject: PALAU-is for a temporary generator at the
park
Jackie-Please express our opinion at the City meeting
today re:the generator for the park on Sunset 4. As the
President of the Palau Sunset Harbor Association I
would like it noted that we are in agreement with Sunset
Island three and four's desire to have a temporary
generator and to NOT have a permanent generator placed
in the park. I have copied in my other two board
members...we are all in agreement.
Sorry that we are unable to attend today.
Best,
Linda Diamond
President of Palau Sunset Harbour Association
301-370/9911
V/r,
MIAMIBEACH
Elias Gonzalez
Commission Aide—Commissioner Mark Samuelian
1700 Convention Center Drive. Miami Beach, FL 33139
Cell: 786-494-0114,Tel: 305-673-7000/Ext. 6860 www.miamibeachfl.gov
On Sep 27, 2020, at 5:50 PM, Kallergis,Nick
<NickKallergis@miamibeachfl.gov>wrote:
Hi Elias,
Do you by any chance have a copy of the full text of the email from Jackie Lalonde to
Commissioner Samuelian relating to the Palau appeal?
If so, please forward to Paul and me so we can ensure that the communications were
made a part of the record for the appeal.
Thanks,
Nick
From: Matthew Amster<MAmster@brzoninglaw.com>
Date:Sunday, September 27, 2020 at 12:51 PM
To: Nick Kallergis<NickKallergis@miamibeachfl.gov>
Cc: Michael Larkin <MLarkin@brzoninglaw.com>, Graham Penn
<GPenn@brzoninglaw.com>
Subject: Palau Sunset Harbor/Nahmad DRB appeal -ex parte communications
[THIS MESSAGE COMES FROM AN EXTERNAL EMAIL-USE CAUTION WHEN
REPLYING AND OPENING LINKS OR ATTACHMENTS]
Nick, I hope you are well. In the ex parte communications for the DRB appeal
made part of the public record, there is an email from Jackie Lalonde dated 9/15
that Commissioner Steinberg forwarded to you on 9/16 (see page 7 of 18 of the
first attachment), however,there is no text associated with that email. Perhaps it
was not fully included in the upload or it contained an attachment that was not
included in the upload. Would you please forward to us what you received from
Commissioner Steinberg? I note that Commissioner Samuelian also references
receipt of an email from Jackie Lalonde (see the second attachment) but he only
states received and does not include the actual email. Perhaps you also received
the same from him or another Commissioner.
Appreciate your help!
Thanks,
Matt
<Fwd_Item_R9E_Commission_Meeting.pdf5
<Email re_-_Samuelian voicemail_from Jackie_Lalonde.pdf>
From: Trofino,Tathiane
To: Kallergis,Nick;Seca.Paul
Subject: FW:Dejavu all over again'lilt This was Settled!!!Sunset Islands 3&4 Response
Date: Monday,September 28,2020 10:13:53 AM
Attachments: SunsetIslands(51.odf
ATT00001.htm
Good morning Nick,
Please see the email below. It is the only email I found on Commissioner Steinberg's inbox that came
from Jacqueline Lalonde.
Best Regards,
Tati
- -
OUR. CITY IS AN OFFICIAL
cibgoPkindness
Tathiane Trofino
Aide to Commissioner Micky Steinberg
OFFICE OF MAYOR AND COMMISSION
1700 Convention Center Drive, Miami Beach, FL 33139
Tel:305-673-7103/Fax: 305-673-7096/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:Jacqueline Lalonde<Jacqueline.Lalonde@ RaymondJames.com>
Sent:Tuesday,September 15, 2020 4:08 PM
To:Steinberg, Micky<MickySteinberg@miamibeachfl.gov>; Michael Gongora
<MGongora@beckerlawyers.com>; Gelber, Dan<DanGelber@miamibeachfl.gov>;Arriola, Ricky
<RickyArriola@miamibeachfl.gov>; Richardson, David<DavidRichardson@miamibeachfl.gov>;
Meiner,Steven<StevenMeiner@miamibeachfl.gov>;Samuelian, Mark<Mark@miamibeachfl.gov>;
ricky@rickyarriola.com
Cc:jacquelineplalonde@gmail.com
Subject: Dejavu all over again!!I I I This was Settled!!! Sunset Islands 3&4 Response
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Or IN
r„,
„DUN VOICE COUNTS
This petition has collected
76 signatures
using the online tools at ipetitions.com
Printed on 2019-06-21
Page 1 of 9
Oppose Palau rooftop change of use - Time Sensitive
About this petition
•
As homeowners on Sunset Island 3&4, we oppose the applicants request to the DRB to modify the
terms of use of the Palau rooftops.
Our Association has spent enormous energy and funds to protect our single family neighborhood
from the negative encroachment of rooftop decks. We have a legally binding agreement with Palau
that was negotiated prior to the construction of the building to prohibit out door uses and to protect
our neighborhood from privacy invasion, noise, lighting and sounds. We have the right to quiet
enjoyment.
The City (DRB & Commissioner's) approved our right and was party to this agreement. We oppose
the modification and request the DRB dismiss the modification outright as it will create outdoor rooms
which only serve to destroy the tranquil single family area in which we live.
Page 2 of 9
Signatures
1. Name: Krista Kelley on 2019-06-05 20:32:20
Comments:
2. Name: Christina Getty on 2019-06-05 20:37:38
Comments:
3. Name: Dana Kaufman on 2019-06-05 20:43:08
Comments:
4. Name: Maria dAlmeida Bastos on 2019-06-05 20:48:21
Comments:
5. Name: Rob Holston on 2019-06-05 20:48:48
Comments:
6. Name: Alejandro Nestares on 2019-06-05 20:49:25
Comments: As homeowners on Sunset Island 3&4, we oppose the applicants request to
the DRB to modify the terms of use of the Palau rooftops.
Our Association has spent enormous energy and funds to protect our single family
neighborhood from the negative encroachment of rooftop decks. We have a legally
binding agreement with Palau that was negotiated prior to the construction of the building
to prohibit out door uses and to protect our neighborhood from privacy invasion, noise,
lighting and sounds. We have the right to quiet enjoyment.
The City (DRB & Commissioner's) approved our right and was party to this agreement.
We oppose the modification and request the DRB dismiss the modification outright as it
will create outdoor rooms which only serve to destroy the tranquil single family area in
which we I
7. Name: Ricardo Malfitano on 2019-06-05 20:51:40
Comments:
8. Name:Jeff brandon on 2019-06-05 21:05:16
Comments: oppose
9. Name: RICHARD STOLLENWERCK on 2019-06-05 21:05:58
Comments:
10. Name: Cheryl Kaufman on 2019-06-05 21:15:17
Comments:
Page 3 of 9
11. Name: Apostolos Peristeris on 2019-06-05 21:18:51
Comments: I oppose petition
12. Name: Francesco Senis on 2019-06-05 21:30:35
Comments:
13. Name: Gabriela Ghilino on 2019-06-05 21:35:17
Comments:
14. Name: David Haber on 2019-06-05 21:48:35
Comments:
15. Name: Madeline Reisler on 2019-06-05 22:02:07
Comments:
16. Name: Chuck Adams on 2019-06-05 22:04:39
Comments:
17. Name: Jesus Lopez on 2019-06-05 22:21:00
Comments: I Oppose Petition
18. Name: candy lindsay on 2019-06-05 23:15:18
Comments: Oppose
19. Name: Anonymous on 2019-06-05 23:16:05
Comments: Oppose
20. Name: Rajeev Ramsinghani on 2019-06-05 23:33:50
Comments: live right behind the project. The units are very close to the seawall unlike
Adjacent Sunset Harbour town houses. It is invasive as it is. Any further it will be right on
my face. this will open up the gate way to similar project close to the seawall and
encroaching on adjacent properties.They are higher than any of the properties on the
Canal in that area Now they want to expand further closer to the water.Absolutely no.It's
a total glass building. It's right on your face. There's already lack of privacy.
21. Name: Kadiyala on 2019-06-06 00:29:37
Comments: Oppose
22. Name: Smith on 2019-06-06 00:31:02
Comments: Oppose
23. Name: Jeremy Gardner on 2019-06-06 01:36:31
Comments:
Page 4 of 9
24. Name: Jan on 2019-06-06 01:38:22
Comments: Oppose
25. Name: Luis Marrero on 2019-06-06 02:01:49
Comments:
26. Name: Lawrence Kaufman on 2019-06-06 03:18:44
Comments: owner of 1530 W 22 St
27. Name: Paulo Cesar Salles Vasques on 2019-06-06 13:25:44
Comments:
28. Name: Pedro gonzalez on 2019-06-06 14:23:08
Comments: Oppose
29. Name: Anne Berman on 2019-06-06 17:00:59
Comments:
30. Name: Brian Berman on 2019-06-06 17:05:53
Comments:
31. Name: Tony Rodriguez on 2019-06-06 17:27:00
Comments: Oppose
32. Name: Scott Robins on 2019-06-06 17:50:19
Comments:
33. Name: Brian D Fink on 2019-06-06 19:49:34
Comments: Oppose
34. Name: Paula F M Vasques on 2019-06-06 22:08:14
Comments:
35. Name: Carol Lang on 2019-06-07 14:49:32
Comments:
36. Name: Terry Bienstock on 2019-06-07 14:51:05
Comments: Oppose
37. Name: Athena Bradway on 2019-06-09 12:37:44
Comments:
Page 5 of 9
38. Name: Sigrid Huth on 2019-06-10 14:31:13
Comments:
39. Name: Phillip Muskat on 2019-06-10 16:27:35
Comments: I am next-door to Rajeev and also one of the the#1 home owners that would
be affected since it is my home that is directly in front of the proposed project. I concur
with his comments as well.
40. Name: Lee Monahan on 2019-06-10 18:42:59
Comments:
41. Name: Harold Melcher on 2019-06-11 01:08:26
Comments: Opposed.
42. Name: Jackie Lalonde on 2019-06-11 17:10:05
Comments: It is imperative that the DRB keep the goal posts where they are. We must
•
be able to rely on decisions that were made and not be forced to continually revisit
agreements.
43. Name: LEONHARD KURTEN on 2019-06-11 18:34:40
Comments:
44. Name: cindy berger on 2019-06-11 19:15:39
Comments: a sad day"when our city considers changes to a legally binding agreement.
45. Name: Irmtraud Kurten on 2019-06-11 19:16:39
Comments:
46. Name: David Berger on 2019-06-11 19:37:15
Comments: This application to the DRB for change of use terrible for the Sunset Islands
and we urge the DRB to deny the application. Keep the following things in mind. Rooftop
use restrictions in the areas facing the Sunset Islands was contemplated in the original
development and it vehemently rejected. It was originally opposed by the DRB and by
City Planning staff. It was hard fought with the developer of Palau who agreed to change
his plans and accept the original DRB, restrictions as reflected in the final plans and the
DRB Order. The rooftop use restrictions were negotiated into the final approved plans,
which was only about 6 years ago. There is no hardship to this homeowner whatsoever-
this penthouse unit was purchased with full knowledge of the original DRB Order and the
rooftop restrictions. It was known to their attorneys. The architect for Palau, who was
Kobi Karp, presented himself to the DRB at the time and publicly assured everyone there
would be no use of the rooftop facing the Sunset Islands. Property values on the Islands
will be devalued. The serene nature of our Islands risk permanent disruption. This
current DRB application covers the entire rooftop, not just the use by the applicant. The
DRB must deny this change of use application.
Page 6 of 9
47. Name: Inga Luksza Senis on 2019-06-11 22:48:36
Comments:
48. Name: Agnes M Gray on 2019-06-12 00:24:14
Comments:
49. Name: keith gray on 2019-06-12 01:19:06
Comments:
50. Name: Anton Dreesmann on 2019-06-12 04:37:32
Comments:
51. Name: Alan Rosefielde on 2019-06-12 09:37:35
Comments:
52. Name: Greg mirmelli on 2019-06-12 10:26:50
Comments:
53. Name: Rony Seikaly on 2019-06-12 10:51:35
Comments:
54. Name: Robert Gonzalez on 2019-06-12 11:50:40
Comments: Palau agreed prior to the construction of the building to prohibit out door uses
and to protect our neighborhood from privacy invasion, noise, lighting and sounds. The
intent of this rooftop party space is to increase the resale value of the property with
complete disregard to the confines of the building they bought into and it's neighbors.
55. Name: Carolina Beltran on 2019-06-12 11:55:01
Comments:
56. Name: Elyse khoudari on 2019-06-12 11:57:36
Comments:
57. Name: Gary Weiner on 2019-06-12 12:01:21
Comments:
58. Name: Donald M Abrashoff on 2019-06-12 14:05:52
Comments:
59. Name: Stephanie Oka Freed on 2019-06-12 15:05:41
Comments:
Page 7 of 9
60. Name: Zagury alain on 2019-06-12 15:31:04
Comments: Oppose
61. Name: Charles Porter on 2019-06-12 15:52:27
Comments: oppose. totally contrary to the agreements entered into by Palau
62. Name: Andrew Moriber on 2019-06-12 16:44:11
Comments: I am opposed to the request. If will diminish the quality of life on the Sunset
Islands.
First, for an item in the nature of a variance, which this is, there needs to be a unique and
peculiar hardship, without which the property owner will be denied any reasonable use of
the property. See Allstate Mortgage Corporation of Florida v City of Miami Beach 308
So.2d 629 (Fla 3DCA, 1975).
Second, when a change to a previous zoning result (in this case the original development
order) is sought, the applicant must show a significant change in circumstances, relative
to the property, not a particular owner's desires.
The developer made concessions to the scope of the development which is sought in
return from other concessions from the Sunset Island 3&4 Homeowners'Association.
The present owner is bound by the agreement of its predecessor in interest which cannot
be changed without the agreement of the Association
63. Name: Craig Garmendia on 2019-06-12 18:27:13
Comments:
64. Name: Melissa Sheppard-Broad on 2019-06-12 21:11:54
Comments:
65. Name: Marjory sheppard on 2019-06-12 21:12:59
Comments:
66. Name: Gregory Baskin on 2019-06-13 02:45:29
Comments: Oppose
67. Name: Andrew James Casino on 2019-06-13 18:46:31
Comments:
68. Name: Caroline Casino on 2019-06-13 18:46:59
Comments:
Page 8 of 9
69. Name: Juan Cappello on 2019-06-14 13:40:30
Comments: As homeowners on Sunset Island 3&4, we oppose the applicants request to
the DRB to modify the terms of use of the Palau rooftops.
70. Name: Chad oppenheim on 2019-06-17 03:17:34
Comments:
71. Name: Joe Comesana on 2019-06-17 12:54:15
Comments:
72. Name: Starr Gutman on 2019-06-17 15:05:15
Comments:
73. Name: Irene Brendon on 2019-06-17 15:45:03
Comments:
74. Name: Micheal Kerr on 2019-06-17 18:13:40
Comments:
75. Name: Jud Laird on 2019-06-18 20:10:48
Comments:
76. Name: karyn robinson on 2019-06-20 23:58:11
Comments: I oppose - no changes to Palau rooftops
Page 9 of 9
Saca, Paul
From: Boksner,Aleksandr
Sent: Wednesday,September 16, 2020 8:18 PM
To: Saca, Paul
Subject: FW: DRB/Nahmad appeal
.=1IAM I� L' L
Aleksandr Boksner, Chief Deputy City Attorney
From: Huff,Amadeus<AmadeusHuff@miamibeachfl.gov>
Sent:Wednesday,September 16,2020 7:12 PM
To:Meiner,Steven<StevenMeiner@miamibeachfl.gov>;Boksner,Aleksandr<AleksandrBoksner@miamibeachfl.gov>;
Kallergis, Nick<NickKallergis@miamibeachfl.gov>
Subject:FW: DRB/Nahmad appeal
FYI.
MIAMIBEACH
Amadeus.Huff
Aide to Commissioner Steven Meiner
Office of the Mayor and Commission
1700 Convention Center Drive, Miami Beach, FL 33139
Tel:786-697-7763
www.miamibeachfl.gov
From: Etan Mark<Etan@markmigdaLcom>
Date:Wednesday,September 16, 2020 at 4:30 PM
To: "Huff,Amadeus"<AmadeusHuff@miamibeachfl.gov>
Cc: 'Michael Larkin'<MLarkin@brzoninglaw.com>
Subject: DRB/Nahmad appeal
° id`i �_, .r,.. dk4 't ' ii (L 'f' f [ _. ' 1% ' e� ... . ,_,.
Amadeus,
I hope you are well.As a constituent and neighbor, I've been looking for an opportunity to meet the Commissioner
Meiner in person. I attended the hearing today and (as the Nahmads'attorney) I would be remiss if I didn't disabuse hin
of some of his misconceptions concerning the Palau,the Settlement Agreement,and the rest. Please let me know if we
can make that happen!
Thanks a lot,
Etan
Etan Mark
Mark Migdal&Hayden
Brickell City Tower
80 SW 8th Street,Suite 1999
Miami,FL 33130
•
0:1(305)374-6622 O:1(305)374-0440 C: 1(305)710-2641
W: https://www.rnarkmiedal.com I Biography ILinkedln Profile
MM&H �` " �'�
CM P
MASK MIGDAL i HAYDEN s-R V)1901.�
#LawRealigned #28LegalMinds
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