News Briefs

Two Miami Beach establishments received a healthy dose of ‘shuddup’ on Tuesday afternoon after coming before the city’s Planning Board in the wake of noise complaints.

The two nightlife hotspots, Cafeteria of South Beach at 546 Lincoln Road, and the Shelborne Hotel’s Club Shine at 1801 Collins Ave., were both in violation of their conditional use permits, which strictly forbid violations of the city’s noise ordinance, staff reports said.

The clubs were originally granted those conditional use permits with, well, conditions — one of which was that the clubs wouldn’t get too noisy.

But a number of residents upset about some ambient club music felt the clubs weren’t playing nice, and called the cops.

Shine received its conditional use approval in September of 2005. But since then, city staff says, the club has received several noise violations; staff even twice recommended revoking the club’s permit, first in January of 2006, and again a month later.

Shine’s operators, still delinquent in getting the board a sound engineer’s report about how to solve the problem, closed a few months later. The Planning Board advised the club to come back 30 days after reopening, setting into motion a stipulation that the club would have to seek reapproval before beginning the festivities again.

Fast forward to November of last year when Shine reopened its doors, albeit briefly. But even during that short time, Shine violated the idle status of its deal with the city, which got the club back in front of the board last month for progress reports, and required it to fix noise and vibration problems.

The club also had to warn all property owners in a 375-foot radius that Shine’s permit was still valid and, theoretically, the show could go on.

As of Tuesday, staff saw no new noise violations, but no reports from any sound engineers either.

“The activity has diminished at the venue itself,” Planning Director Jorge Gomez said. “There have been complaints but no violations issued.”

Even during Winter Music Conference the club was in the clear, said Shine’s attorney, James Rauh. “Winter Music Conference is typically the most violation-ridden event on the Beach,” he offered. “But we had no violations.”

As for the club’s idleness, Shelborne Hotel owner Jonathan Cowan was on hand to pony up the plans.

“We plan on opening more often on a regular basis,” he said. “But for the right events. Not an event just to have an event.”

Board members, content with the current efforts of Shine’s operators, decided there was no need to require another visit from them for a progress report, and let them off the hook unless another noise violation occurs, and on the condition that they submit their homework: a noise assessment conducted by Integral Sound, according to Rauh, who apologized for not getting the report in on time.

Also apologetic about acting up: Cafeteria of South Beach operating partner Jonathan Hettinger, and the all-night hotspot’s General Manager, Justin Callahan.

They did not manage to escape the flurry of WMC citations.

“We received two noise complaints during Winter Music Conference,” Hettinger said. One occurred when his security guard went on a bathroom break and left an emergency exit open, letting the sound meander out into the street.

The other time “the skylights on the roof were open, and the sound ricocheted around Lincoln Road,” he said.

The club, not allowed by its permit to have music in the rooftop lounge after midnight, had neighboring residents calling the cops in the wee hours of the morning last June and October and placing anonymous complaints, staff reports show. Two more code compliance violations followed in late March of this year, prompting the Planning Board’s request for a progress report.

The board accepted Hettinger’s apology along with a promise not to hand out fliers on Lincoln Road.

“We take the noise very seriously,” board member Jorge Kuperman said. “And I see that you’re apologetic.”

Comments? E-mail angie@miamisunpost.com.

School Board

Beware the Tax Cuts

School Board Member Urges Colleagues to Prepare for Fund Shortage

By Bonnie Schindler

Miami-Dade School Board’s monthly financial report was presented Wednesday afternoon by Board member Evelyn Langlieb Greer, District 9, who pointed to a possible slow down of educational funding. Greer said that while specific educational items may not be on the chopping block, money lost at the city and county levels will no doubt be reflected in the budgets of Miami-Dade public schools.

“The state legislation is not going to touch education,” fellow board member Ana Rivas Logan, District 7, disagreed.

Indeed, the 2007-08 budget recommendations, as listed on Gov. Charlie Christ’s fiscal Web page, show a nearly $1.3 billion increase from last year. The governor recommended an approximate $33.4 billion education allocation.

Logan urged her constituents to rally in Tallahassee, reminding the powers that be to adhere to Crist’s recommendations.

“We will hold [them] to their promise,” Logan said.

Greer was not convinced.

Her fear is that while the state may continue to satisfy concerns by borrowing more and more money, eventually those funds will dry up.

Sources such as bonds “have basically evaporated,” Greer said, pointing to California, where “they basically wiped out their resources.”

Greer’s advice: Borrow as much money as the school district possibly can before the underwriters jump on this knowledge.

Technological Advancements

Board Approves New Instant Message and Internet Systems

By Bonnie Schindler

Back in the day, a kid could ditch school with friends, eat a slice of pizza, and get home in enough time to erase the incriminating message likely left on the answering machine by the principal advising of said kid’s absence.

Those days are over.

On April 17, the Miami-Dade School Board unanimously agreed to a contract with the NTI Group to provide an instant messaging system that will “deliver messages regarding attendance, emergencies and school notices to parents, students and employees of the county’s public schools.”

The contract will cost $2.60 per student, or a total of $4.5 million.

“[The price] seems very hefty,” said District 7 board member Ana Rivas Logan.

And for that price, it was Logan’s contention that School Board members ought to also have access to the system so they might inform the same populations about upcoming Town Hall meetings or other events.

Superintendent Rudolph Crew said that while the instant messaging system will be a “management tool,” he fears board members may treat it more as a political mechanism.

Finding this unfair, Logan questioned why Miami-Dade County School staffers will be allowed full access.

“I think it is an issue of control,” Logan said, while snapping the off switch of her microphone.

The board also passed two other technological advancements: an amendment that will allow the Internet to be used as a learning tool, and a policy for the utilization of a student e-mail system.

The system will be heavily controlled.

Under the protective eyes of school administrators, students will be restricted from accessing sites such as MySpace or Facebook, which have networking capabilities.

There will also be a sensitive-page blocker that will ensure no ‘obscene’ sites are accessible by those using the system. The problem, board member Evelyn Langlieb Greer said, is coming to a consensus as to what obscene material means. “The interpretation is difficult,” she said.

And let’s face, Greer said, students know how to use computers. They grew up using high-tech programs and accessing the Internet, and are savvy to ways around tools such as obscene-material blockers.

The debate on obscene material may continue, but Greer stressed the absolute need for this technology in the schools. She said that while some kids can run around the system, there are lots of young people without computers at home. And all students need the knowledge in the 21st century — that is, if they expect to get just about any position in the workplace post-graduation.

Agreeing, and showing excitement about this advancement, School Board student advisor Eryca Shiffman said the student body fully backs the decision.

Both the e-mail and Internet usage items were passed on their first reading.

Helping Hand

Resolution Urges Creation of Loan Program to Assist Teachers in Obtaining Affordable Housing

By Bonnie Schindler

Affordable housing is hard to find in Miami-Dade County, and on April 17, during its regularly scheduled meeting, the School Board extended its powerful arm to those who need it.

“All of us are aware of the housing crisis,” board member Evelyn Langlieb Greer said.

Because teachers who are able to live near their schools become invested in the community, and thus tend to stay longer in one place, make better connections with students and parents, and have a greater chance of moving up in the ranks, Greer pushed a resolution that would lend money to buy homes.

“We want to think of ourselves as part of the community, and [affordable housing does this],” said Karen Aronowitz, president of the United Teachers of Dade.

The resolution asks that either the superintendent or the board’s Task Force on Affordable Housing prepare a document which would “create an Employee Loan Program and utilize the Employee Loan Program guidelines as part of the mission of the Miami-Dade Schools Workforce Housing Foundation for the purpose of facilitating the acquisition of affordable housing for the employees of the district,” as stated in the board agenda.

“[This will allow everyone to] get a bite of the American Dream,” Greer said.

Moreover, Aronowitz suggested that the loan program might strengthen the county’s recruiting muscle and its ability to retain teachers.

However, not all in attendance were happy with the idea.

Board members Ana Rivas Logan and Marta Perez dissented on the vote for the resolution, which passed.

Instead of paying to run a task force or loan program, Perez feels any extra money should be shelled out for services or to bump up teacher’s salaries.

Logan agreed. “We are not in the business of offering affordable housing.”

Miami-Dade County

Purse Power

Group Gathers to Raise Funds toward Empowering Women and Girls

By Bonnie Schindler

Women philanthropists came together in the grand ballroom at Watson Island’s Parrot Jungle Island on April 19 for an afternoon of eating, drinking, socializing and opening their handbags to those in need.

The Power of the Purse luncheon packed more than 1,000 esteemed women into one area to recognize that any income bracket level is sufficient to give, and to celebrate the Women’s Fund of Miami-Dade County, an organization that receives donations primarily from females and then directs those funds toward programs that empower women and girls.

Reaching into one’s purse — for a checkbook — became a representative image.

“Our purses have never been bigger [or more beneficial],” said Chris Grumm, the president and CEO of the Women’s Funding Network, of which the Women’s Fund of Miami-Dade is a member.

To raise funds, those in attendance had the option of participating in a silent auction for 100 designer purses. The Women’s Fund 2007-08 endowment goal is $5 million.

One speaker, Ellen Shishko, chair of the Women’s Fund Board, made a promise to give $50,000 to the organization within the next five years.

This year, 42 projects were funded with $342,000.

For Michelle Dancey, who emigrated from Bangalore, India, the programming literally saved her life.

Two years have passed since the day she escaped her husband’s hand.

Far from home and isolated from her family, Dancey became the victim of her husband’s progressive abuse. He told her that if she ever went to the authorities or reached out to anyone, he would not only make sure she was booted from the country, but also would severely abuse her sexually and physically.

With Visa papers long since expired, Dancey’s greatest fear was calling the police, and then losing her daughter because of deportation.

“I thought ‘till death do us part,’ and I thought it was going to happen,” Dancey told the gathering.

One day while watching an afternoon soap opera, an ad splashed across her television screen, telling abused women they are not alone.

Sahara, which literally means assistance in Hindi, is an organization offering support to victims of domestic violence with Bangladeshi, Indian, Sri Lankan, Nepali and Pakistani backgrounds. The grass-roots advocacy group informs women that abuse is not legal in this country, and that Asian women in distress will not be reported to immigration services automatically; nor can their partners take away their children at will.

With cuts and bruises covering her face, Dancey made the call.

Sahara — funded through the Women’s Advocacy Project of Women’s Fund of Miami-Dade, and the recipient of a $7,000 grant this year — guided her toward emotional and financial healing, and connected her to other women in her community.

She now wakes up “free, and to normalcy”; she has since finalized her divorce, is learning to drive and recently completed her patient care technician credentials.

Other groups that benefit from the Women’s Fund include F.L.O.W.E.R.S. (Future Ladies Of Work, Education, Responsible and Sophisticated), which received $3,000 this year for its mission of teaching a group of Liberty City fifth graders etiquette, exposing them to a wide array of career possibilities, and showing them how to dress appropriately.

The Dumond Conservancy for Primates and Tropical Forests received funding to create the Motivating Girls in Science program. It is meant to “inspire middle school girls to pursue careers in science by fostering their scientific abilities and introducing them to successful women scientists,” as the grantee section of the luncheon handbook states.

The girls are chosen through various sites, including the Girl Scouts, and the South Dade Labor Camp, located in Homestead. For the daughters of migrant and seasonal farmers, the ability to change the dynamics is particularly valuable because they tell their siblings, parents and neighbors — who may not speak English or be exposed to nontraditional gender roles — that science is cool, even for girls, says Sian Evans, managing director at Dumond, located in South Miami-Dade’s Monkey Jungle.

“There are definitely gender roles [that need to be broken down] and this is one way to do it,” explained Christy Wolovich, who works closely with the 25 girls involved in the program.

Eileen Nexer Brown, one of the founding women behind the fund, has her hands in various organizations including the Girls Advocacy Project, which works closely with young women in juvenile detention facilities. The whole idea, she said, is to empower women, and though they do not fund any male-based programs, this does not mean that a trickle-down effect is not in place.

“When you help one girl, you help [her] whole family.”

Comments? E-mail letters@miamisunopost.com.

Miami

Postponed Again

Trial for Suspended Commissioner Now Set for May 1

In a Wednesday morning hearing that lasted mere seconds, the trial for Miami Commissioner Johnny Winton was rescheduled for Tuesday, May 1 at 9 a.m. Winton was not present.

On May 15, 2006, Miami-Dade police arrested Winton for public intoxication, resisting arrest with violence and two-counts of battery on a police officer. The governor suspended Winton soon afterward. — Ben Torter and Erik Bojnansky

Miami

Affordable, uh, Parking?

Land Once Reserved for Housing to Be Re-Zoned ‘Government Use’

By Lenneice Drew

An entire block of vacant land located in Little Haiti appeared to be the prime spot for an affordable housing project. That is, until property owners made plans to convert it into a parking lot.

Douglas Gardens Corporation Inc., the owners of Miami Jewish Home and Hospital for the Aged got permission from the Miami Zoning Board during a meeting Monday to switch R-2 (two-family residential) into G/I (government and institutional). The Zoning Board recommended the change in zoning by a vote of 5-2.

MJHH attorney Vicky Garcia-Toledo said the vacant lot, which stretches 1.4 acres and faces Northwest 53rd Street and 52nd Terrace, will be converted into a surface parking lot for the institution at 5200 NW Second Ave. The facility is home to about 700 senior citizens. More than 1,000 workers employed there provide medical care to about 800 patients.

Zoning Board member Miguel Gabela seemed apprehensive about changing the zoning for MJHH. “I don’t feel comfortable with this one. I don’t want a situation like Mercy Hospital where they change the use of the property once we change the zoning,” Gabela said.

When Toledo offered to include a covenant describing intentional use for the lot, Gabela said the gesture really didn’t make sense. “You’re making this board an offer that doesn’t hold any water,” he said.

Toledo had also offered the covenant to Buena Vista Heights Housing Association and other neighboring communities.

Covenant or not, the MJHH property owner is not obligated to use the lot for parking now that the Zoning Board has approved G/I zoning.

“Once you say GI they can do whatever they want with that property,” board member Ron Cordon said.

Originally there were homes on the property, some of which were abandoned. Toledo said when MJHH purchased the site they incurred about $300,000 worth of code enforcement fines.

One resident still lives in a home on the lot. Toledo said once she moves out they will submit another application to change the zoning on that parcel.

Cordon opposed the project with concerns of displaced Little Haiti residents. He said at a time when Miami is facing a housing shortage the property should be used for building housing.

“What happens to the community that you promised to help? What about the Little Haiti community? Back in the late ’80s, that was the language that you spoke,” Cordon said.

MJHH Chief Operating Officer Fred Stock jumped to the organization’s defense, rattling off its history. “More than 400 Haitian-Americans are employed at MJHH. We employ residents who live so close they can walk to work. If there is a hurricane, we provide evacuation shelter for northwest community residents,” Stock said.

Over MJHH’s 50 years of existence, the institution grew from a small retirement home in a one-story house into a 20-acre tropical-influenced campus. MJHH has become the Southeast’s premier care center offering services including nursing care, Alzheimer’s care, assisted and independent senior living, adult day care, hospice and a host of other services, Stock said.

Cordon didn’t seem impressed and his vote reflected that, casting one of the two dissenting votes.

The Planning Department recommended approval for the project, saying the parking lot was a logical extension and would unify with surrounding properties.

Board member Bret Berlin voted in favor and said he wanted to carry out the wishes of Commissioner Michelle Spence-Jones, in whose district the vacant lot and MJHH are located.

“We have a role of balancing institution against neighborhoods, but Commissioner Spence-Jones said she cares less about the community and more about jobs, so that’s why I support this,” Berlin said.

Toledo did not mention any additional jobs would become available as a result of adding the parking lot.

Comments? E-mail letters@miamisunpost.com.

Sunny Isles Beach

Noisy Fans

Despite Complaints, City Says Ocean 4 Exhaust Fans OK for Now

By Randy Abraham

The Sunny Isles Beach City Commission agreed to defer the passing of a noise ordinance for one month after representatives of the brand new Ocean 4 condominium argued that the law would force them to retrofit the complex’s garage with sensors designed to cut off the majority of exhaust fans at the oceanfront complex.

According to city staff, neighbors have complained about noise originating from Ocean 4, which was recently constructed and received a temporary certificate of occupancy. City staff recommended the installation of a carbon monoxide sensor that would shut off all but four of the 22 exhaust fans installed in the garage after carbon monoxide exhaust emissions fell below a certain level.

“We built it to the code, we’ve got the fans we need to have and now we’re asked to do something at significant cost,” George Gonzalez, a representative of development firm the Related Group, which built Ocean 4, said during the April 19 meeting. He requested the city defer passing the ordinance to give his firm and the city’s Building Department enough time to perform noise tests. “We want to be sure that once we do this, this issue goes away,” he said.

Shubin and Bass attorney Amy Huber, also representing Ocean 4, questioned the fairness of the city requiring additional changes two years after the project’s site plan applications were approved. She noted that reducing the number of exhaust fans kept running continuously could pose a safety hazard if carbon monoxide levels rise to a noxious level. Huber requested the city defer the public hearing for 90 days to allow her client to purchase the sensors.

Mayor Norman Edelcup agreed that the ordinance’s language could be tightened up to avoid vagueness and recommended the city defer for 30 days.

Commissioner Dan Iglesias said Ocean 4’s dilemma was caused by a previous city ordinance. “We created this problem by wanting enclosed garages,” which require exhaust fans to vent auto emissions that would otherwise build up to hazardous levels, he said.

Too Late

City Commission Denies Extension for Developer

By Randy Abraham

The Sunny Isles Beach City Commission denied a developer’s request for a two-year extension to build a six-story, 17-unit condo at 220 180th Drive, last Thursday.

Triumph Development received site plan approval for its condo project back in 2005. The development rights have since been sold to Comfort Homes, said the company’s representative, architect Ilya Shakhov. He cited a slow real estate market as the reason why Comfort Homes has not yet commenced construction.

The denial means the developer will now have to reapply under current zoning codes. If the developer’s request had been approved, he would have been able to build under city regulations in effect in 2005.

Shakhov complained that the new rules would entail “a complete redesign of the building” since 2005 city codes allowed garage designs to be based on a parking space width of 8 feet, 6 inches, whereas current designs require 9 feet per parking space.

Mayor Norman Edelcup, however, said it is the city’s standard policy to require that a developer pull a building permit within two years of receiving site plan approval, and he didn’t want to set a precedent. “I would be reluctant to consider an extension,” he said, noting that almost two full years had elapsed before the applicant even submitted the request for an extension. “You should reapply for site plan approval rather than set a precedent,” he said.

Stamp of Approval

Post Office Features New Sunny Isles Beach Seal, Creator Honored

By Randy Abraham

During its April 19 meeting, the Sunny Isles Beach City Commission recognized city resident and artist Charles Wachsberg with a proclamation and a plaque featuring his own artistic creation.

Wachsberg in recent years won a design contest the city of Sunny Isles Beach held to create its official seal and, as part of the city’s upcoming 10th anniversary, the U.S. Postal Service issued a commemorative stamp featuring that seal. The city presented Wachsberg with a Plexiglas plaque encasing a sheet of stamps from the post office’s first run.

After accepting the plaque and posing for photographs with his wife and elected officials, Wachsberg said that day was a doubly auspicious one for him: On April 19, 1945, as a young man, he was liberated from Nazi Germany’s concentration camp in Auschwitz by U.S. soldiers.

Surfside

Variances Approved

After Making Deal With Neighbors, New Condo Project Can Move Forward

By Evan Berkowitz

After many months of negotiations and deliberations, the Surfside Town Commission approved an application for two variances from the town’s building code for a condominium project planned for 9501 Collins Ave.

The variances were approved after developers and the neighboring condo at 9511 Collins Ave. agreed on a new building design plan.

At the April 10 meeting Lucia Dougherty, a Greenberg Traurig attorney who represents 9501 Collins Avenue, LLC, said its application has been pending since 2005. During that time the developers have proposed several different projects including, at one time, an eight-story building, for which they requested three variances from town code. That proposal was denied by the former, pre-April 2006 Town Commission; an appeal is still pending in circuit court. That legal action has been put on hold pending settlement discussions. The current Town Commission asked the developers to negotiate an agreement with the Surfside Towers condominium next door to the north.

9501 Collins was the site of the old Coronado Hotel building, which one Towers resident at the meeting described as being two-and-a-half floors in height. Many Surfside Towers residents felt that their views and privacy would be compromised by a taller structure. Other issues involved the noise and heat created by 9501’s new, large, air-conditioning system.

The agreement allows for a three-story, seven-unit project with seven cabana-type units on a rooftop terrace, and an elevator override situated on the roof. The requested two construction variances: an allowance for a lot width of 55 feet (Surfside code requires at least 100 feet), and an allowance for the south corner yard setback to be 10 feet (code requires at least 20 feet).

Surfside’s staff and its town planners, Calvin, Giordano & Associates, Inc., recommended approval of the variance requests. Dougherty reminded the commission that the zoning for 9501 allowed up to 120 feet in height. She said the variances were needed for “reasonable use” of the property and that it would be very difficult to create living spaces appropriate for a high-end beachfront property without them.

Perry M. Adair, the attorney representing Surfside Towers, said the legal agreement reached attaches the variance allowances directly to the agreed-upon building plan. If the developers don’t execute the agreement or covenant correctly, the allowances will be “null and void,” Adair said.

During the lengthy negotiations, the owners of 9501 did a very poor job of maintenance and upkeep of the old hotel building, Surfside officials complained. At one point the property was not properly locked up and had become a “vagrant hangout,” as Vice Mayor Howard Weinberg characterized it. Regarding the current buyers’ market in real estate, Weinberg opined to Dougherty, “In this climate, I don’t think your client is going to build this project anytime soon.” The lawyer responded that they planned to pull a building permit as soon as possible. Dougherty said they would be willing to demolish the old Coronado and screen the property in 90 days’ time.

In addition, the developers agreed to allocate $50,000 to the town to help it landscape the surrounding area. Dougherty also said the new building will be LEED (Leadership in Energy and Environmental Design) certified. LEED is a “Green” Building Rating System for environmentally responsible developers.

Mayor Charles Burkett said he wanted to preserve Surfside’s “small town feel” and keep building size and density low. He said other uses were still possible for that lot. But Weinberg, an attorney, reminded those present of the town’s recent bad experiences with lawsuits. He said if the developers were not allowed this project, they “will seek relief in court” and sue the town for not allowing an eight-story structure. “Let’s not outsmart ourselves,” he said. Commissioner Steve Levine agreed with the vice mayor, reminding the audience that the issue of expensive lawsuits is what cost the previous commission, led by Mayor Tim Will, its power. Referring to Surfside Towers, he said of the new project, “The detractors are now in favor of it.”

The commission voted 4-1 to approve the application for the two variances with only Burkett dissenting.

Miami Shores

Election Over

Two New Faces on Village Council

By Erik Bojnansky

The Miami Shores Village Council will receive two new members, while two incumbents managed to keep their seats.

Six candidates ran for four vacant seats April 10.

Incumbents Herta Holly and Stephen Loffredo received the highest number of votes, gathering 783 and 678 respectively. Prospero Herrera II, who works at Miami Dade College in support services, took in 621 votes. Hunt Davis, the CEO of Rampmaster Inc., received 608 votes.

Not getting enough votes to be elected: Jim Halliday, an anesthesiologist at Jackson Memorial Hospital, who received 422 votes; and Eddie Lewis, an ex-Marine and retired Miami-Dade police officer turned entrepreneur, got 257 votes.

Al Davis, who held the title of mayor, could not run due to term limits, while Councilman Jim McCoy opted not to run for another term. Since Holly received the most votes, she will likely be selected as mayor as per the village’s charter. Loffredo, with the next highest votes, will be named vice mayor.

Comments? E-mail letters@miamisunpost.com.