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027-1998 LTC CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci,miami-beach,fl,IlS I..T.e. No. 27-1998 LETTER TO COMMISSION February 13, 1998 TO: Mayor and Members of the City com~iSSion ,- FROM: Sergio Rodriguez City Manager . SUBJECT: FRANK KOLBERT/FRANK FARMER Attached for your information is a memorandum from Assistant City Manager Mayra Diaz Buttacavoli regarding a response to Mr, Kolbert's and Mr. Farmer's concerns, If you require further information, please contact me or Mrs, Buttacavoli, Thank you, SR:_:lcd Attachments c: Mayra Diaz Buttacavoli Ai Childress Richard Barreto F:\CMGR\$ALL\LTC,98\KOLF ARM.FNK CITY OF MIAMI BEACH OFFICE OF THE CITY MANAGER Interoffice Memorandum m To: Sergio Rodriguez City Manager Date: February 13, 1998 From: Mayra Diaz Buttacavoli~ &dJ. ;6(_dUuJa~ Assistant City Manager -.... - (J Subject: FRANK KOLBERT / FRANK FARMER I offer the attached two memorandums prepared in response to Mr. Kolbert and Mr. Farmer regarding their concerns, Additionally, after speaking with Al Childress, we offer the following options for consideration: 1, Re-shift an enforcement officer(s) to man the office phone at nights and weekends, 2, Budget additional staff in 98/99 for manning of phones on weekends and nights, 3, Citizens experiencing continuous problems when calling a complaint to the Police Department can page the Code night or weekend supervisor, Al Childress and I agree it would be more productive to have the enforcement officer on the streets, therefore option number three would be our recommendation, The problem of lack of response from the Police Department stated by Mr. Kolbert and Mr, Farmer is not accurate in its totality. It is important to understand that the police do not log additional calls when they have already documented the call and a response is in progress, Although Mr, Kolbert's and Mr. Farmer's remarks concerning the Bass Collection do not request a response, the following information is offered, The Bass Collection was appraised at approximately $20 million, The agreement between the City and the Bass family entrust the responsibility of hiring, supervising, and terminating the Director to the Board of Trustees of the Bass, Attached is a memorandum from Diane Camber on Mr, Kolbert's and Mr. Farmer's comments concerning donations to the Bass Museum, MDB:lcd Attachments F:\CMGR\LCDI\MDB\MEMOS\KOLBERT,GOT c-=~ .. ::~~- '. > ":~.."~-~~,~.~_.===:: .~ Page 1] February 18, 1997 Mr. Franl;: Farmer & Mr. Franl;: Kolbert 3000 Prairie Avenue Miami Beach, Florida 33139 RE: Construction Noise Dear Me Farmer & Mr. Kolbert: I am in receipt of a copy of your letter to Mayor Gelber stating your concerns about the noise emanating from construction sites in your neighborhood. I would like to inform you that the City of Miami Beach shares your concerns and we are making every effort to control the noise generated by various construction sites throughout the city. The City of Miami Beach's Noise Ordinance allows those construction activities that may violate the provisions of the sections 24-2 and 24-4 of the said ordinance to occur between the hours of 7:30 A.M. and 6:30 P.M. It is stated in tl,e section 24-2 that" at all times, it shall be unlawful for any person or business to cause or permit to originate from the real properly he/she/it controls any sound which crosses a real property line at a volume which is unreasonably loud". It is also stated in section 24-4 that" no person shall on any public street or sidewalk, beach or park use, operate, or play any radio, phonograpl" stereo set, tape pr CD palyer, television, or other electronic audio device wl,ich produces or reproduces apmlified sound, at a level which is plainly audible at distance of more than ten (10) feet from the sound source". However, the said ordinance allows the Building Official to permit pouring of concrete at an hour earlier than 7 :30 a.m. providing that adjoining neighbors are notified a weel;: in advance. Such permits may be granted for a period of time not to exceed three (3) days. The City of Miami Beacl,. Building Official has been utilizing the time limits on noise levels set forth by the City's Noise Ordinance to regulate the time of construction activities taking place within the jurisdiction of the City of Miami Beach. There are no provisions of the South Florida Building Code addressing the time limits on construction, and rules, regulations or guidelines set .. . ,., ^. -==:=:~'=~~~~~==,~~~g~2J [-=.~~' . ' fortb in this regard by any codominium association are not enforceable by the City. The City of Miami Beach's Building Official has been very sensitive to complaints, particularly with constmction noise, and has advised all contractors to only commence work at permitted hours set forth by the City's Noise Ordinance. It would be beneficial to you, your respected neighbors and the City of Miami Beach that you report any violation (starting any constmction worlz which violates the provisions if the City of Miami Beacb's Noise Ordinance earlier than permiHecl hours) to tbe City of Miami Beach Code Compliance and Police Departments immediately upon findngs so that violators are given approriate citations. This might serve as a deterent for future violations. If you have any questions, please do not hesitate to contact me. Sincerely, Jose Garcia-Pedrosa City Manager CC: Mayor Seymour Gelber Commissioner David Pearlson Currvm. q~ CITY- OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 February 3, 1997 Mr. Frank Kolbert 3000 Prairie Avenue Miami Beach, FL 33140 RE: 3001 & 3010 Prairie Avenue - Construction Noise Dear Mr. Kolbert: This is in response to your recent letter concerning the above subject. A copy of your letter was forwarded to the Police Department, Parking Department, and the Department of Code Compliance. concerning the parking issues, the Parking Department will increase enforcement efforts of construction vehicles in the area of 3001 and 3010 prairie Avenue. The Parking Department will be sensitive to the parking of neighborhood residents. Although parking in the opposite flow of traffic is illegal, the Parking Department will only be issuing warnings for this type of violation. Concerning the construction noise generated from 3001 and 3010 Prairie Avenue, the Department of Code Compliance will continue to monitor the construction during the early morning hours during the weekend. As you know, within this district, construction can commence on Saturday from 10:00 A.M. to 4:00 P.M. Construction work within this district is prohibited on Sundays and holidays. I have asked the Police Department to investigate why your calls were not dispatched to the Code Compliance Officers and to take the appropriate action. Code Compliance will be monitoring the site on Saturday at 9:00 A.M. to stop any construction taking place without having to wait for a complaint. I will ask you to continue to contact the Police Department on weekends and after hours to report construction noise violations. In addition, there are two additional numbers you may call if you are unsuccessful in getting a response. Please call the Department of Code Compliance office directly at 673-7555. If any of the Code Compliance Officers are in the office the phone will be answered. If not you may contact the weekend Field Supervisor, Michael Saunders, through his beeper at 955-1495. Thank you for bringing this matter to my attention. information do not hesitate to contact me. If you need any additional Sincerely, ~w.~ Mayra Diaz Buttacavoli ' Assistant City Manager MDB:AC:ebt F: \CODE\ $ALL\CITYMGR\KO!...BERT. LTR c: Richard Bar:eto, Police Chief Jackie Gonzalez, Director, Parking Department Al Childress, Director, Department of Code Compliance FEB-10-1998 15:43 BASS MVSEVM OF ART 305 673 7062 P.02 BASS MUSEUM OF ART CITY Ot"' MIAMI BEACH MEMORANDUM TO: Mayra Diaz Buttacavoli Assistant City ManagM DATF.: FehnlC'lT)' 10, 199R FROM~ Diane W. Camber Bass Museum Director ~~/If'~ SUBJECT: Letter from Frank Kolbert Some years ago Frank Kolbert attempted to arrangp. ciomtions of art to the Bass Musemn which. based on their poor condition and following ellidelines ofthe American Association of Museums and our own Collections Management Policy. we did not accept. Mr. Kolbert at the time wa.<; an art dealer and was offering the pieces on behalf of individuals with whom he did business. The first piece was a cast concrete sculpture by a minor artist that was cracked. The owners resided in Miami. I examined it in an empty lot in Coconut Grove where it was being "stored". llater learned that the sculpture had been re.iected as a donation by other institutions and organizations, including Dade County's presti!;rious Art in Public Places program, To the best of my knowledge no other credible institution in town took this damaged piece. Some time later Mr. Kolbert again contacted me with a mind to arrange a donation of a print. 1 sent a staff membg to collect and examine the print. The print was not in good condition. This detennination was made by someone employed by us who also had extensive experience with prints and graphics not only at our museum but at other accredited O1usewns. Mr. Kolbert was fiuious when we did not take tJlese gifts. It was evidently in his interest to tell his clients that he could get us to take these damaged works, so that they could benefit trom the tax advantages. He clearly did not have the interest of the Museum in mind. Mr. Kolbert then took the position of art critic for a local trade publication. Some would say this presents a conflict of interest for an art dealer- '!be publication may have realized the questionable nature of this assignment as it was short lived. As regards Mr. Kolbert' s conunen1s about the Museum's collections, programs and stafThis upiniuns are not supported by the numerous objective reports of mUsemn and art professionals called upon by the American Association of Musewns and the Florida Arts Couul;il tu cCltify the Museurn for FEB-10-1998 15:44 BASS MUSEUM OF ART 305 673 7062 P.03 accreditation and recognition for cultural excellence. The Museum is deslgnated as one of the State's Major Cultural Institutions, based on r~gular evaluation by museum professionals from outside of the State as well as in~8tat.e. Nor are his opinions supported at the national level by the Museum's achievement of a record number of National Endowment for the Arts and Instiulte of Museum Services grants. These national grants are highly eompetitive, and the standards by which the Museum's applications, measured by artS professionals, include collections excellence, program excellence and relevance, as well as qualifications of director and staff. These evaluations have been...on2oin~ since 1282. TOTAL P.03 CITY OF MIAMI BEACH OFFICE OF THE CITY MANAGER Interoffice Memorandum m To: Susan Gottlieb Commissioner Date: January 12, 1998 Via: Sergio Rodriguez ';/;//1. L City Manager 4{Jf a \ Mayra Diaz Buttacavoli ~ Assistant City Manager ~~. From: Subject: FRANK KOLBERT The following information is submitted in response to Mr. Frank Kolbert's letter dated November 24, 1997, page two: . The Administration in recent years added a night crew to the Department of Code Compliance, This was necessary due to the changes and needs of the City, The night crew hours are Tuesday through Sunday, 9:30 p,m, - 6:00 a,m. During the night/evening hours, the calls/complaints are received by the Police Department and dispatched to the Code Compliance Officer on duty, The Administration does not recommend staffing the Code Department administrative offices for the purpose of taking telephone calls during the evening hours, . The limitation of time on the building permits issued for construction and renovations has been addressed in writing to Mr, Kolbert, Copies of correspondence on this issue is attached, . On July 2, 1997 Ordinance No, 97-3085 was adopted, The Ordinance provides strict limitations on the hours and locations which construction activities can occur, In the residential and multi-family zones construction is allowed as follows: Monday - Friday 8:00 a,m, - 6:00 p,m. Saturday 10:00 a,m. - 4:00 p,m. No construction is permitted on Sundays or National holidays, The Building Department Director informed me that an inspection conducted by the Building Department on December 9, 1997 revealed that both construction sites, 3010 and 3024 Prairie Avenue, were clear of construction debris, The contractor/developer was advised to secure the front portion of the construction sites with construction fences, place the dumpsters as far back as possible into the properties and padlock the gates after hours preventing others from dumping waste, He was further advised to refrain from parking any vehicles in the swale areas, Further, copies of the City 1 of Miami Beach's Noise Ordinance have been posted on both job sites by the owner/developer to remind all subcontractors, material suppliers and workers of permitted hours of construction. The above information is submitted upon your request, if additional information is needed, please let me know, Thank you, MDB:lcd Attachment F:\CMGR\LCDI\MDB\MEMOS\KOLBERT,SG 2 ." ;~,~';:" :' ~~ f ::,~ - I ".' , , I ... I 3_000 Prairie Avenue !Miami Beach FL 33140 ----.---. \ 1':l r,L': o SAi'i',E LE.T1E.R . ",",'fOR ONL'{ ; ..,,,.t:':\TATION10P,t.!:. ,-- J'~ c.;:,t\,..t-' - 'U~'1. \'\() \ ("D ~OL'{.'~ i\ "":""V --- s,g ,F ~ ~ 22 '. ; January 12, 1998 Commissioner Susan Gottlieb Ci ty of Miami Beach 1700 Convention Center Blvd. Miami Beach, FL 33139 Dear Commissioner Gottlieb: Thank you very much for taking time to meet with us last Monday. Even as Miami Beach grows and grows, it is reassuring to know that elected officials still listen to ordinary citizens. , As you know, our particular concerns lie within the residential neighborhoods, which despite the recent focus on large scale devel- opments and commercial areas, still remain at the heart of our com- munity. Tree lined streets of classic single family homes, well main- tained, quiet and crime free, are essen tial for the main tainance of property values and tax revenues for Miami Beach as a whole. We are heartened that you agree with us on this issue. The questions then are how to maintain and improve what we have already. The following are some of the items which we dis- cussed: R.1.3 Neigqporhood--Police.' Patrol: We strongly urge that every effort be made to bring regular Police patrols into the residential neighbor- hoods of Miami Beach by officers who are familiar with the residents of the neighborhood and their problems. In addition to providing a further determent to crime, a neighborhood officer could check that construction ends when it should, that cars drive at an appropriate speed with the radio at a bearable volume, pay special attention to homes w11en owners are away (in some communities you can call the Police when you will be out of town and rely upon their extra vigi- lance) and check regularly on the elderly. Additionally, a neighbor- hood Officer would be in the best position to report dilapidated houses, uncut lawns ete. to Code Compliance. The occasional Police patrols which drive through this neighborhood are very welcome, but they are few and far between and a quick drive-by with the windows up, is not the same as a regular circuit made by the same Officers day after day on foot or bicycle. 11m Construction in Residential Neighborhoods: As you know we have strongly advocated limited hours when construction is allowed in residential neighborhoods. We were grateful for your support of our initiatives last year and the shorter hours have provided us some relief. But as you know the construction project next door to us is now in its second year, crawling along. Among additional measures we would like the Miami Beach Commission to explore are further curtailment of work on Saturdays when projects are on-going (longer than 2 week renovation jobs, say), enhanced enforcement with some consequence to the contractor or developer so that infringement of the rules does not become an on going thing, and some means of en- forcing building permits which set time limits for projects to be completed. The two houses on Prairie, by the way, are not the only partially completed construction projects in this neighborhood which have dragged on for years. The City of Miami Beach itself might also consider compliance with the new hours when construction is allowed in residential neighbor- hoods (baring emergencies of course). On Saturday a huge crew made a fearsome noise and completely disrupted the neighborhood in or- der to re-surface 30th Street between Prairie and Royal Palm. Is there a reason that this could not have been done on a week day? Ironically, we have been spending up to a week each month this Winter in Manhattan in order to get some peace (j) and quiet! ')'v\O r3 Code Enforcement: Changes in the Code have not uniformly re- sulted in changes in contractors' behavior. Code enforcement is not available during the exact hours when we need them so we are forced time after time to call the Miami Beach Police Department. The Police are more often than not, argumentative, unco-operative and only respond about 50% of the time. And even so, they are not effec- tive. The owner and con tractor next door con tin ue to push the limits. What is needed is a Code Enforcement Officer on duty who can call the Police if necessary. When asked about this Al Childress agrees. Myra Diaz-Buttacavoli has told us that she, however, will not autho- rize this expense. ~g f5 1/16" Design Review in Residential Neighborhoods: As we under- stand it, there is now no design review process for new houses being built in Miami Beach. As a result, some are very, very good and a few are at the very least undistinguished if not truly horrible. At the moment we have one such going up next door to us. Ifwe wish to avoid the pitfalls of Coconut Grove, for example, the time to act is now. If The Board of Adjustment continues to grant variances in a way which allows developers to posture as renovators and then vir- tual tear houses down, we can look forward to a bleak future as the current balanced, mixed character of our streetscapes becomes the "post-modernist" nightmare which has overtaken the Grove with wave after wave of houses we call "Boca Blah". If you would like, we would be happy to take you on a short (10 minute) walking tour of our neighborhood which will clearly illustrate the problems confronting Miami Beach in this regard. fS , The Dump--iD'-Bayshore-..Golf':'Course: This facility does not be- long in the middle of a Golf Course. There should be no debate on this subject. While things have improved there in the last year, it is still a noisome neighbor and an eyesore. If the City is still contemplating major expensive improvements to Bayshore (a good idea), now is the time to move or eliminate the dump altogether. Neighborhood Improvements: The Mid-Golf Neighborhood does not seem to be getting equal treatment when it comes to landscaping and other improvements. Our streets need re-paving and the construction of curbing. The swales deserve the same attention to landscaping that is paid to LaGorce and Pine Tree drives. Garbage Collection: Single family homeowners pay a premium to the City for garbage collection. The difference between what we pay and what the City pays to the private company responsible was supposed to be spent keeping public areas clean and liter free. We have a constant flow of liter across our front yard. Part of this comes from the construction next door, part from the lunch trash discarded by Miami Beach High School students zipping down Prairie from the Burger King on 41 st Street and part from the garbage collectors themselves who empty garbage cans into their trucks without regard for spill over. Additionally, we are force to "gift wrap" out lawn trash which is picked up only on Thursdays. Why is this? Most people do lawn work on the weekend and it would be nice if the result of that effort could be discarded on Monday. ff) mb>Y2i> The Bass Museum: A done deal! Too bad! The problem with the Bass is not its need for more space. The Bass has a mediocre collec- tion at best, generally boring programming and has never defined it- self relative to the Miami Beach community or its relationship to the six other Art Museums that exist within a twenty mile radius. At least put some pressure on the Bass to hire a Director with a profes- sional background and academic training. In the past few years we have made important gifts of art to FlU, The Yale Art Gallery, The New York State Historical Association in Cooperstown and to the Detroit Institute of Arts; nothing to the Bass! Home offices: We question the attempt to "legalize" home offices. This seems like an attempt to assess just one more nuisance tax. How much can you collect and how much of that will collection alone cost? Are home offices a problem? Please consider all the bad publicity generated by the City of Los Angeles last year over the same issue. Miami Beach should go all out to attract the kind of creative people who work at home: artists, writers, musicians, ete. Lets not alienate precisely the type of residents we want. And where will you draw the line? Michael Tilson Thomas when he practices the piano? A real estate sales agent when she calls a customer from home? Michael Caine when he reads a script in his living room? We suspect that the current Code in one way or other (noise in particular or parking regulations) protects us from egregious examples. We believe that this pretty much covers our wide ranging and (for us) enjoyable conversation. It is important for us all to engage in a dialogue with elected officials. We must say that there are, also, many people who work for the City who have been willing to speak with us in a constructive manner. Unfortunately, there are still many others who have personal agendas and argumentative attitudes. Hopefully, this will change in time as we make efforts to curtail the excesses of the past and attempt to reasonably assess cost/benefits for the future. Si~~?::J?~ b/~j.-A<~---- Frank Farmer Frank Kolbert