109-1998 LTC
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
L.T.C. No. 109-1998
LETTER TO COMMISSION
July 20, 1998
TO: Mayor Neisen O. Kasdin and
Members of the City Commission
FROM: Sergio Rodriguez
City Manager
SUBJECT: LIZ BALMASEDA'S ARTICLE
Please find attached a memo from Assistant City Manager, Mayra Diaz Buttacavoli in response to
the Liz Balmaseda article, in the July 1, 1998 issue of The Miami Herald newspaper concerning the
causes triggering the closing of Babalu retail store.
Please contact me if you have any questions.
SR:JH:jah
Attachment
c: Mayra Diaz Buttacavoli, Assistant City Manager
F:\CMGR\$ALLILTC,98ILIZBALMA,ART
CITY OF MIAMI BEACH
OFFICE OF THE CITY MANAGER
Interoffice Memorandum
m
To:
Sergio Rodriguez
City Manager
Date: July 8, 1998
From:
Mayra Diaz Buttacavoli ,_ , ~ /2 ........r, ,.,!!
.. //?/C'):cU?lIL//-IC.){ C{.{.C't04<'-r,"t' (( ,"
ASSistant City Manager .-, 'l
Subject: LIZ BALMASEDA'S ARTICLE
In response to the Liz Balmaseda article, in the July 1, 1998 issue of The Miami Herald newspaper
concerning the causes triggering the closing ofBabalu retail store, the following is offered:
1. "Sosa got eight citations in three weeks. "
No citations have been issued. Three notices of violation were issued on May 9, 1998
(Saturday), May 16, 1998 (Saturday), and May 23, 1998 (Wednesday). A fourth notice was
issued and voided the next day. (See attachment 1).
2. Sosa "got another one for running an illegal cafe."
No record in file supports this statement.
3. Sosa "got another one for setting up two tables and some chairs on the sidewalk."
The fourth notice referred to in No.1 above was issued on May 23, 1998, for an illegal
sidewalk cafe. The notice was an immediate fine of $100.00. On May 24, 1998, the
inspector returned to the business location to re-issue the citation because he had made an
error on the address. When the inspector arrived, the chairs and tables had been removed.
The inspector voided and closed the case,
4, "He got three for having live music, even though he had a permit".. II and he got another
during one of the weekly performances just because the official couldn't find a record of the
permit" .
Three notices of violation were issued on May 6, May 16, and May 23, 1998 as stated in No.
1 above. The notices were issued as a result of a complaint received on each of the dates by
the Police Department. Police dispatched the complaint to the Code Compliance
Department. The noise was emanating from speakers placed on the sidewalks, facing away
from the retail store. (See attachment 1). The two Saturday notices were issued during the
Espanola Way Saturday events. Per James Quinlan, a noise permit was not issued to Babalu
for these events at anytime.
5. "He got one for flying a Cuban and an American Flag. "
No record in file to support this statement.
1
The occupational license records in Finance indicate there is no Certificate of Use or Occupational
license for Babalu, Inc., at 1438 Drexel Avenue for the period of October 1, 1997 through September
30, 1998. AI Childress contacted Mr. Sosa to request copies of the citations referred to in the article.
A message was left on his answering machine and he has failed to return the call. Additionally, a
meeting was convened by James Quinlan to discuss the complaints from residents in the area of the
noise from Espanola Way events held on Saturday nights (See attachment 2).
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Attachments
F:\CMGR\LCDIIMDBlMEMOS\BA-BALU,LB
~
2
~, DAKL Y REPORT Date:
~ Department of Code Co6Jiance
5-9/;O-9tf
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No. of Cases
CASE NO.
CITY OF MIAMI BEACH
DEPARThiENT OF CODE COMPLIANCE
673-7555
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IF YOU ARE AG<}RIEVED BY THE DECISION OF THE CODE
INSPECTOR IN ISSUING THIS NOTICE, YOU MAY APPEAL
THE ADMINISTRATIVE DECISION BY SUBMITIING AN
APPLICATION FOR APPEAL TO THE ZONING BOARD OF
ADJUSTMENT, WITHIN TEN (10) DAYS OF RECEIPT OF
THIS NOTICE. APPLICATIONS AND ZONING V ARlANCE
INFORMATION MAY BE OBTAINED IN THE DEPARTMENT OF
DEVELOPMENT. DESIGN & HISTORIC PRESERVATION IN
CITY HALL AT 1700 CONVEN1ION CENTER DR. 2ND FLOOR.
MIAMI BEACH. FL 33139. PHONE 673-7550.
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CASE NO.
Cln' OF MIAMI BEACH
DEPARThtENT OF CODE COMPLL-\;-..rCE
673-7555
...............................................
DATE:
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INFORMATION MAY BE OBTAINED IN TIiE DEPARTMENT OF
DEVELOPMENT, DESIGN & HISTORIC PRESERVATION IN
CITY HALL AT 1700 C0NYEN110N CENTER DR, 2ND FLOOR.
MIA.'v1l BEACH. Fl. 33139, PHONE 673-7550,
IMPORTANT INFORMATION ON BACK.
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No. of Cases
No. of Violations
CASE NO.-::--
CITY-OF MIAMI BEACH
DEPARTMENT OF CODE COMPLIANCE
673-7555
...............................................
NOTICE OF VIOLATION
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INSPECTION OF THE ABOVE PREMISES THIS DATE
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IF YOU ARE AGGRIEVED BY THE DECISION OF THE CODE
INSPECTOR IN ISSUING TIllS NOTICE, YOU MAY APPEAL
THE ADMINISTRATIVE DECISION BY SUBMITITNG AN
APPLICATION FOR APPEAL TO THE ZONING BOARD OF
ADJUSTMENT, WlTHIN TEN (10) DAYS OF RECEIPT OF
TIllS NOTICE. APPLICATIONS AND ZONING V ARlANCE
INFORMATION MAY BE OBTAINED IN THE DEPARTMENT OF
DEVELOPMENT. DESIGN & HISTORlC PRESERVATION IN
CITY HALL AT 1700 C0NVEN1;10N CENTER DR. 2ND FLOOR.
MIAMI BEACH. FL 33139. PHONE 673-7550.
I, M, PORT AN. T 11)l~N__~ACK.
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No, of Violations
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Department of Code Com.pliance ,
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e Roxy
22
51615th Street
South Beach
Old Miami Beach, Florida 33139-3650
Rt.Hon. Neisen O. Kasdin
Mayor
City of Miami Beach
City Hall
1700 Convention Centre Drive
Miami Beach, Florida 33139
,~~~/
Dear Mr. Mayor:
I have just been informed, despite many assurances, that Herb Sosa has a permit to violate the
noise code until midnight tonieht and Sundav nieht.
It is an absolute lie that I confirmed by running around the 400 and 500 blocks of 15th Street.
and Espanola Way and Drexel Avenue. that no one was consulted by the "Espanola Way
Merchants" - which in fact are only Linda Polansky and Herb Sosa (her tenant) about getting
permits to violate the noise code on Saturdav and Sundav nights until mid-night.
Contrary to City statements to me. I live in a residential district. which is what vou and the
other six members of the City Commission are always saYing YOU are interested in protecting.
{<is one of your closest friends says. "it's outrageous because Herb moved from a small space
into a larger space he can't afford. the public has to be inconvenienced and poverty funds
spent so he and Linda Polansky don't loose any money".
Neither Polansky or Herb Sosa live here!
How the seven members of the City Commission can expect people to respect them when they
approve the expenditure of $20,000 in poverty funds to try and "re-float" Herb Sosa and Linda
Polansky's business, two appointees of the City Commission to it's Historical Preservation
Board and political supporters of City Commissioners is beyond me.
Three. perhaps four. tenants have either moved out of or not renewed leases on 15th Street
because of noise from Espanola Wave
I think the City Administration and Commission should "re-study" this apparently unique
permit to people who are City Commission app?intees and politically tied to members of the
City Commission. I should add this is the ~econd letter to you on this, and my fifth
communication to the City Administration on titis matter.
-
~
ATTACHMENT 2
Rt. Hon. Neisen O. Kasdin
P. (2)
April 25, 1998
The residents of this area have delayed sending petitions and "making an issue" of this
because we were assured more than once the Saturdav night and Sundav night oermits would
NOT be granted without getting support of the local people. I know for a fact Mrs. Ronnie
Singer told Herb Sosa and Linda Polansky personally this prior to the permit being granted.
I was further informed the Miami Beach Community Development Coordinator for this proiect
assured the City official in charge of the permits the local people were consulted.
Who? When? I don't believe it for a second!
This is NOT a good start to "Neighborhoods First"!
Respectfully yours,
Count LF Mde W Rosenthal e Meverbeer W Chudzikiewicz h. Chodkiewicz
cc: Commissioners
City Manager Sergio Rodriquez
Executive Assistant to the City Manager Ronnie Singer
Director of Special Events James Quinlan
CITY OF MIAMI BEACH
City of Miami Beach
Interoffice Memorandum
lO
To:
Ronnie Singer
Executive Assistant To The City Manager
Date: May 4, 1998
From:
James Quinlan
Special Events Coordinator
Subject: Espanola Way
In response to the April 25 letter from Count LF Chodkiewicz, I would like to note the following:
1) The permit for the Sunday Market and Festivart on Saturday evenings is issued to the Miami
Beach Development Corporation on behalf of the Espanola Way Merchants Association.
2) The permit prescribes the event hours as being from 1 pm - 8pm on Sundays and 8PM to midnight
on Saturdays.
3) These permits do not contain the noise permit provision to violate the noise ordinance. Code
Compliance has inspected the events on a regular basis and have never found a violation of the
noise, or any other ordinances.
4) After first learning of the complaints from the Count, the event producers made several efforts
to discuss his concerns. He refused to speak with them when they approached him to discuss the
situation.
5) Since the first week of the Saturday night event on April 4th, the live entertainment has been
modified to decrease any possible disturbance to the neighborhood.
6) These events were initiated by the merchants and property owners.
7) The Special Events Office will call a meeting at City Hall between the event producers and the
Count to attempt to find a common ground.
CITY OF MIAMI BEACH
1700 Convention Center Drive, Miami, FL 33139
http:\\ci.miami-beach.n,us
Office of Arts, Culture & Entertainment
Telephone (305) 673-7577
Facsimile (305) 673-7063
MEMORANDUM
TO: Kevin Arrow, Espanola Way Arts Center
JeffBechdel, Miami Beach Community Development Council
Count LF Chodkiewitz, South Beach Civic Association
George Nunez, Club Lua
Linda Polansky, Clay Hotel
Craig Robbins, Dacra
Dennis Russ, Miami Beach Community Development Council
Alfred Lamoureux, Area Resident
Manny Viera Jr., Manny's Hardware
Joan Bennett, Keystone Properties
Scott Needleman, Florida Assurers
Matti Bower, Area Resident
Herb Sosa, Babalu
Yamil Dib, Moonlight Cafe
Annette Weissman, Feinberg Fisher Elementary School
FRO~es Quinlan, Special Events Coordinator
DATE: May 19, 1998
SUBJECT: COMMUNITY MEETING: ESPANOLA WAY EVENTS
4TH FLOOR, CITY MANAGER'S LARGE CONFERENCE ROOM,
CITY HALL
FRIDAY, JUNE 5, 199811:00AM -1:00PM
Please join us for a meeting to discuss the delicate balance of residential, commercial and special
events interests in this historic neighborhood.
Please call if you cannot attend.
cc: Office of the Mayor and Commission
Sergio Rodriguez, City Manager
Ronnie Singer, Executive Assistant to the City Manager
Michael Aller, Tourism and Conventions Coordinator
Al Childress, Code Compliance
James Scarberry, Assistant Chief
Lynn Bernstein, DDHP
A musing of Cuba
Take a stroll down memory lane
Herb Sosa's Cuban memo-
rabilia shop was like a
, breezy, happy island
where the walls were lined with
sugarcane
stalks, the
speakers
pumped Celia
and Gloria
and Albita,
the conga
skins vibrated
under the
touch of visit-
ing master
drummers,
the house
cafecito
scented the
LIZ
BAlMASEDA
air.
His Ba-Balu store was not a slice
of Cuba, but more like a distant
musing of Cuba, the place where
Sosa's parents were born. He, like
many of his Miami cubanito
peers, was born at Mercy Hospi-
tal. So he built his business not on
f!.q;t-hand memory, but on sympa-
thy pains, borrowed nostalgia -
and, yes, a lot of American-style
marketing savvy.
This was where sighs of old
Havana and old exi/io met Epcot-
style packaging. You could buy a
T-shirt emblazoned with Celia
Cruz's trademark cry: "jAzucar!"
- Sugar! Or you could get a coffee
mug bearing the Cuban comic
Guillermo Alvarez Guedes'
famous cropped exclamation,
"(No!" And, of course, there were
the stamps and postcards and
knickknacks he collected when he
ran classified ads in out-of-town
newspapers, or when Miami old-
timers cleaned out their closets.
I'm not sure I understand what
it was about Ba-Balu that pushed
all my childhood-in-Hialeah, deja
vu buttons. It became an obliga~
tory stop on any stroll through
South Beach. I guess its cubano-
lite flavor was a validation of our
identity, albeit an oversimplified
one. The shelves contained all the
codes and references familiar to
PLEASE SEE BALMASEDA, 2B
WEDNESDAY, JULY 1, 1998
THE HERALD
BALMASEDA, FROM 1B
those of us who grew up in Cuban
Miami, from La Virgen de la Cari-
dad to Brothers to the Rescue.
And I say "was" because the
Ba-Balu, as of today, is no more.
Just one year after Sosa moved a
few spaces west on Espanola Way,
expanding his
shop by 400
square feet, he
reluctantly
decided to close
its doors. The
success story he
had sa vored
back when
Conde Nast's
Traveler named
Ba-Balu one of
the "100 top
destinations in
the world" in 5088
1996 became a mundane story of
municipal neglect, neighborhood
decay and code enforcement
headaches.
The same spot that routinely
attracted international TV crews,
magazine photographers, celebs
and tourists began to draw scru-
tiny from code enforcement offi-
cers. Not that there weren't plenty
of other ills to focus on in the
neighborhood. Sosa rattles a litany
of his peeves: Down the street the
streetlights were out for months;
all along Washington A venue the
flowerbeds are draped in black
plastic; loiterers cast a "pcrcep-
tion of danger" on streets littered
with broken glass and garbage;
crack peddlers are rampant.
Instead, Sosa go~ight citation~
in three weeks. He got one for flye..-
ing a Cuban and an American flag
outside the historic building. H~
got another for running an iIlegaJoZl
cafe, even though the house coffee
is complimentary. He got another(!D
for setting up two tables and some
chairs on the sidewalk, forcus-
tomers who stopped by to watch
weekly folkloric performances. H~
got three for having live musi~
even though he had a permit. And
he says he got another during one
of the weekly performances just
because the official couldn't find a
record of the permit.
"I've got to believe that there
are bigger violations in this city
than a permitted event," says
Sosa.
Just last year, he got a proclama-
tion from the city. He is active on
all kinds of boards and panels. He
sits on the city's Design Review
Board, served as past president of
Stroll through Ba- Balu of yesterday, see Cuba Of;til<f
the Dade Heritage Trust. He's a
familiar face at civic functions.
"If this can happen to a mer-
chant who is as involved as I am, I
can understand wh)t.so many oth-
ers go out of business," says Sosa,
who opened his shofJ in the spring
of 1995. Just dowll the street from
where Desi Arna:t:'bnce played,
Ba-Ba1u hit big - ahd just in time
for the Cuba-chic craze. Sosa
became a key player jn Miami's
so-called Generation N culture.
"For me, it was beyond opening
a business. It was a statement. I
wanted to showcase Cuban cul-
ture in a positive, ,~Iifting way,"
the 33-year-old 'Sosa recalled
Tuesday amid half-empty boxes.
The shop's walls, once a virtual
shrine of Cuban kitsch, stood
bare, a wistful palm-frond green.
He gave his shop historical and
political parameters. He would
feature only pre-1959 Cuban
memorabilia and items from the
exile experience. In other words,
he did what most Cubans in
Miami only dream of - he simply
cut Fidel Castro out of history.
"I mean, I didn't want this to be
the kind of place where you could
buy a Swatch watch with Che
Guevara on it," he says.
That's not to say that he ban-
ished politics from the place. He
was so incensed at Cuba's shoot-
ing down of the two Brothers to
the Rescue planes in Fcbruary
1996 that he printed up 1,000
bumper stickers with that famous
quote from Madeleine Albright:
"This is not cojones, this is cow-
ardice." It became so popular that
he wound up printing another
10,000 copies for charity. He even
has a picture of Albright handing
one of the stickers to President
Clinton.
There have been other times the
name of Ba-Balu has been carried
far and wide. One regular cus-
tomer, a flight attendant, told him
the story of how she spotted Cclia
Cruz aboard her New York to
Paris flight. She remembered she
had an Azucar cap in her flight bag
and gave it to the Cuban singer,
who asked, "Oh, is this from Ba-
Balu?"
But those stories belong to his-
tory now, just as the old Havana
casino chips he once sold. Sosa
says he'll start up a Web site callcd
Ba-Balu - he owns the name -
or maybe explore the catalog busi-
ness. Although he says he won't
reopen a business on the beach, he
isn't worried about finding a mar-
ket. In Miami therc's always room
for nostalgia.
~r~~ ~~~~
r.O.DOX J90042
MIAMI DrA(", fl.
JJ2J9-0042
May 30,1998
To: Linda Polansky
Clay Hotel, Espanola Way
Miami Beach, FL 33139
It is with much regret that I must inform you that Babalu Store will be closing its doors on July
1,1998. The reasons for this decision are varied. The result should sadden us all.
I urge you to look at Babalu's closing as not just another business shutting its doors in South
Beach, but to really study the obstacles placed on businesses that led to this. The problems
merchants have in Miami Beach must be treated as priority, and the solutions must be
implemented immediately, not lost in the minutes of a review committee.
As you are aware, I am a very involved citizen, property owner and merchant in this city. I
serve on several community and city boards. I have established and managed a variety of
events on Espanola Way, such as Miami Beach's only year round Arts & Crafts Market, a
Saturday Night music and Art Festival, and Dade Heritage Trust's Espanola Way Days. What
you may not be as aware of, "is some of the praises my store has received from others.
Babalu, a store that celebrates cuban culture, chose to call Miami Beach home four years ago.
In this time, Babalu has received many accolades:
-Conde N'ast Traveler Magazines"100 top destinations in the World", 1996
-CBS Evening News- feature story on Babalu cigars, 1996
-Miami Herald Business Monday-front page feature, 1996
-EI Nuevo Herald -feature story on Babalu, 1996,1997,1998
-Telemundo-feature story and live international newscast, 1996,1997,1998
-Travel & Leisure Magazine-feature story,1997
-City of Miami Beach proclamation,1997
-History of Miami Beach-documentary by Tom Glennan, 1997
-Chivas Regal Shield of Excellence,Entrepreneur of the Year, 1997
-The secret world of Miami-documentary for the Learning channel, 1998
-Going places: in Miami-PBS national show, 1998
J 0 ) - ) ) 0 - 0 619
fAX JO)-)JO-7011
~r~~ ~~~!
~a~e
2
I have received awards and acknowledgments for my efforts in Miami Beach. I have not
received the things that really would help Babalu become a financial, as well as media and
P.R. success.
-Plans for the redo of the blighted 500 block of Espanola Way's infrastructure
sit as stagnant, as does the standing water in the swail area my customers
must walk through, to get to my store.
-Streetlights remain dark for blocks on Drexel, Pennsylvania and Euclid for months,
creating a perception of danger for all.
-Flower beds on Washington Avenue from 5th to 15th have been nothing more than
unsightly plastic for a year, did we forget season and our tourists?
-Subjective and misinformed code enforcement- shutting down our city permitted event,
which allowed for live amplified music as entertainment, and subsequently receiving
over eight citations for the same event-with no amplified music-all using unprofessional
strong arm tactics.
-Police coverage is sporadic. Drug dealers, aggressive beggars and drunks play cat
and mouse with the police, and are back on their corners just as soon as the police
drive away. Once again, the undesirable loiterers win, the merchants lose.
-$12+valet rates to get to my store. Meters are rarely available, and public parking lots
or garages are too many blocks away to help.
-The intimidating groups of non-spenders that have claimed Washington Ave. as their
own scare away the toughest of urban adventurers from our city.
-Flyers, stickers and dirt everywhere, even on Lincoln Road as of late.
Put very simply, why would new businesses, tourists or South Floridians keep coming here?
All we seem to do as a city is place obstacles to discourage their business. Are we no longer
in the resort business in Miami Beach? Do we really believe that the sun and sand are enough
to keep us going?
I have attended and spoken at meeting after meeting. I have received all the promises of
change from all the right people. I am tired of waiting. Babalu is not just a personal loss for me,
but a black eye on this city for just not caring enough about the merchants, citizens and
tourists it is here to serve. Please think about this the next time you drive by Babalu's empty
storefront.