The 411

Hot Mommas Galore

 

Grand Mess

First the residents of the Grandview had to deal with a devastating hurricane. Now it’s an ugly condominium election — ripe with identity fraud. And hurricane season is right around the corner.

 

For the Birds

To continue to help wounded feathered creatures, the folks who run Pelican Harbor Seabird Station need to expand their facility — and they plan to do it without the government’s help. 

 

Unequal Pay

It’s the 21st century and women still aren’t paid equally to men, according to a report. And few states in the union are worse than Florida.

 

News Briefs

 

Miami Beach

Fillmore’s the name now, buddy, and watch where you drop that flier. Plus: SoFi residents elect their first board of directors, who come from some pretty high positions in their high-rises.

 

Bay Harbor Islands

Town officials dole out lots of dough as they prepare to fix up and expand the island’s connection to the outside world.

 

Surfside

A temple wants to expand and it’s willing to sue to do it.

 

Miami

Commissioner Marc Sarnoff is still opposed to a Home Depot being built in Coconut Grove and City Attorney Jorge Fernandez doesn’t know what to do about it. Meanwhile, do formerly homeless people own cars? And if they don’t — do the buildings they live in really need parking?

 

North Miami-Dade

Quite a few buildings in Aventura and Sunny Isles Beach still haven’t made the necessary repairs from Hurricane Wilma. And now, as another storm season looms, officials from both cities prepare to get more serious.

 

 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Miami Beach

Ch-Ch-Changes

Jackie Gleason Theater to Be Renamed After Landmark California Concert Hall

By Ben Torter

And away he goes — sort of: Jackie Gleason’s name won’t be as prominent after the theater’s name change. File photo of photograph within Jackie Gleason by Mitchell Zachs/Magicalphotos.com

 

The Miami Beach City Commission voted unanimously to award management of the Jackie Gleason Theater to Live Nation.
 
The Los Angeles-based company that manages and operates live music venues and acts all over the country will change the name of the landmark theater to “Fillmore Miami Beach at the Jackie Gleason Theater.”
 
Before the vote, City Manager Jorge Gonzalez said that turning the Gleason over to Live Nation will transform a $2.5 million per year loss for the city into at least a $1 million gain. The Gleason’s financial losses have increased since many of its bread and butter events have moved to the Carnival Performing Arts Center in downtown Miami. The deal also guarantees that Live Nation will spend $3.5 million to upgrade the 1950s-era theater. It’s a 10-year agreement with two additional five-year extensions possible. And, in spite of the name change to a landmark San Francisco venue, the Jackie Gleason won’t be just a rock' n' roll concert hall.
 
“We have to do a large variety of shows to make the economics work on this,” Bruce Eskowitz, CEO of Live Nation’s North American Music division, said at Wednesday’s commission meeting. “I think you will see a variety of acts that will appeal to a variety of audiences.”
 
Eskowitz also said Live Nation would schedule events that work in concert with other events happening in the city at the same time.
 
“We will coordinate with the city to make sure acts on holiday weekends are appropriate,” Eskowitz said.
Eskowitz showed those in the commission chambers a three-minute film that exemplified the types of acts they plan to bring to the Gleason. The musical and comedy artists shown were The Fray, John Stewart, Charlotte Martin, Steven Wright, Aqualung, Luis Miguel, Pete Yorn, Ziggy Marley and Kenny Loggins.
 
Commissioner Jerry Libbin asked if it would be possible to bring huge acts like Ricky Martin and Jennifer Lopez to the Gleason. Eskowitz said it is possible, but that he didn’t want to create the impression that the theater will be booked with acts like U2 and the Rolling Stones. He did say that many large acts occasionally do smaller, intimate shows that would work well in the 2,700-seat Gleason.
 
Mango’s Tropical Cafe owner David Wallack expressed concern about the Fillmore Miami Beach at the Jackie Gleason Theater’s effect on beach clubs and restaurants.
 
“I want a concert hall, I just don’t want it to be at the expense of the nightlife industry,” he said. Wallack’s concerns were alleviated with assurances that Live Nation won’t sell liquor or food after midnight, and doesn’t serve bottles of any kind.
 
Karen Eva Couty, the marketing and public relations person for the 12th Annual International Ballet Festival of Miami, which uses the Gleason, also expressed hope that Live Nation will respect and help nonprofits like her group to afford to rent the theater in the future. Scheduled for Sept. 15 and 16, the ballet festival may need to find another venue this year. It’s likely the Gleason will be closed until late October for the $3.5 million in contracted upgrades. Gonzalez said from the dais that worked out in the contract is a reduced rent of $3,000 for nonprofits and other community groups like the ballet.
 
Eskowitz said Live Nation has great relationships with community events in other cities where they manage venues, and that he will work to accommodate the International Ballet this year if possible.
 
“The only issue we have with the ballet is the construction schedule,” Eskowitz said.
 
The second vote on management of the Jackie Gleason will take place at the next Miami Beach City Commission meeting, June 6 at City Hall.
 
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The Definition of Litter
 
Amended Code Takes Aim at Flier Distributors
 
By Ben Torter
 
Anyone who walks around Washington Avenue or, for that matter, most areas of South Beach, has seen them on the sidewalks, on top of newspaper boxes, on the hoods of cars, taped to light poles, placed on windowsills and handed off by club kids. When are these glossy handbills legitimate advertising, when do they become litter, and what is the city going to do about it?
 
Over the last year or so city officials, staff and residents have been discussing these questions, and are close to a solution they hope will help clean up city streets without infringing on the constitutional rights of businesses to advertise with handbills.
 
On Wednesday the Miami Beach City Commission voted unanimously on first reading to approve an amendment to the city’s litter ordinance that creates definitions, fines and penalties for littering with commercial handbills.
 
The amended ordinance proposes a first-offense fine for littering of $100 plus $50 per handbill. The second offense within the following 12 months will be $500 plus $50 per handbill. Third and subsequent offenses will cost $1,500 plus $50 per handbill.
 
Here’s a definition of when a flier becomes litter, from the newly amended city ordinance: “Litter means any paper, handbill, garbage, or other waste that has been placed or deposited and left on a public sidewalk, street, road, avenue, beach, swale, median, building, fence, wall, boardwalk, park, or any other public area, or on any object located on public property, or on the kneewall, window ledge or sill of any public or private building, or on a motor vehicle or private property as prohibited by sections 46-117 and 46-118. Handbills attached to a trash receptacle, but not within the trash receptacle in the usual manner, shall also be considered litter.”
 
“The Nightlife Task Force feels this is a good bill,” said Steve Polisar, chairman of Miami Beach’s Nightlife Task Force.
 
But South Beach Hotel and Restaurant Association President David Kelsey said handing out fliers is a very cost-effective and beneficial form of advertising for small businesses, and that this ordinance will be an unfair burden to them.
 
“Fliering, pamphleting, it’s been done since the American Revolution; it’s very well established as a right,” Kelsey said. “What the city is doing is seeking to avoid the responsibility for citing people for littering.”
 
The ordinance states that a business will only be fined if 10 or more fliers are found in plain view as litter. Otherwise the fines will be imposed on the individual who is caught littering.
The controversial issue of handbills has been a hot topic around Miami Beach since at least last year when officials talked about banning them altogether. That attempt was dropped after the business owners, backed by the American Civil Liberties Union, called the proposed ban unconstitutional.
The next vote on the amended littering ordinance will take place at the June 6 commission meeting.
 
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Posner’s Seven

With a Board of Directors Elected, It’s Full Steam Ahead for the SOFNA Crew

Author Gerald Posner is prepared to make a big stink if needed.

By Angie Hargot

A board of directors emerged soon after members of Miami Beach’s community south of Fifth Street cast votes during the first official meeting of the South of Fifth Neighborhood Association.

More than 60 SoFi folks showed up at the Murano at Portofino building at 1000 South Pointe Drive last Thursday, many with tiny dogs tucked neatly under their arms, to cast their ballots for a board of directors. The SOFNA group now represents one of the most wealthy and potentially powerful demographics on South Beach.

Their goal: to get things done in their neighborhood.

“We had rusty light poles ... city officials responded, they came around and we walked the neighborhood and in 10 days they came back and fixed things. They said city officials should not have to do that, and we realized we were the only neighborhood without a neighborhood association,” said writer Gerald Posner, who organized the SOFNA meetings. “Most of the rest of [Miami Beach’s] neighborhood associations aren’t very effective — forgive me for saying it.”

Posner, president of the Cosmopolitan Towers, was the top vote-getter with 140 votes. Of the 298 votes cast, 17 were ruled invalid due to lack of signature or identification, or by double voting.

“If you want someone to make a stink and stand up to city officials, that’s what I’m going to do,” Posner said in a short campaign speech during the meeting.

The other directors elected by the reportedly 90 meeting attendees and 200 absentee ballots, in order of votes attained, were Michael Beltran, vice president of the Murano Grande; John Lennon, president of the Continuum; and Steve Mandy, president of the Murano at Portofino. The top four vote-getters will join Posner in serving two-year terms on the homeowners’ association board.

Bryant Kirkland, treasurer of the Courts; John Stimmel, president of Icon; and the unchallenged business nominee — Laura Cullen, owner of Clarke’s Restaurant — will serve one-year terms.

The addition of one business to the board illustrates the association’s desire for diplomacy between the two sectors. “We hope businesses in this area are part and parcel,” Posner said just before the final votes were cast. “And we won’t have to fight with them all the time. If we have to fight we will.”

More recently Joe’s Stone Crab and Nikki Beach and Pearl Restaurant have also shown support, reaffirming some board members’ hope of a better relationship between residents and local businesses.

The also-rans: Leo Ostreicher, who was in a tight race for votes with Mandy; anti-noise activist Morris Sunshine; former Yacht Club board member Walter Stokes; write-in nominees Dave Patlak and Brad Stevens; and the absent Matt Kuss.

Sunshine will, however get to continue his noise control platform as chair of the association’s newly formed “Quality of Life Committee,” and act as an emissary among citizens, police and code compliance for special events.

The steering committee’s seven-page bylaws were approved with a lone dissenting vote, as made known by a show of hands.

In his 600 recipient e-mail newsletter to the SOFNA mailing list, Posner addressed neighbors’ concern that the newly elected directors all seemed to come from the area’s high-rise buildings. One newsletter recipient requested a breakdown of the votes, pending the official recount, which occurred last week.

“All of us on the SOFNA board are acutely aware that we have been elected not just to serve the luxury towers, but all of the South of Fifth neighborhood. If the board were composed solely of representatives from smaller condos, as it might be one day, the large towers would expect no less from those elected representatives,” Posner wrote in response.

Posner also said that the noncommercial directors have each agreed to contribute $250 in start-up funds, bringing their fledgling association war chest to $1,500, which will go toward organizational costs. The association has said it does not plan to charge dues to members and will operate on donations and revenue from newsletter advertisements.

Posner also said in his SOFNA newsletter that some issues facing the community are already being addressed, among them “trash, noise, underground power lines, and the South Pointe Park and Alton Road beautification projects.”

One resident stood up, dismayed at the racial and gender makeup of the board’s candidates. “I’m disappointed. This is an old men’s club,” he said. “I’d like to see some women and frankly, some non-Caucasians running.”

Posner has said that the paper ballots from the election will be “preserved.” As far as the SunPost could tell, the tiny dogs were not permitted to vote. 

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Miami

The City of Miami vs. the City of Miami

The Home Depot Debate Pits City Commissioner Against City Attorney

By Ryan Brown

Home Depot at SW 8th Street in Miami. File photo by Mitchell Zachs/MagicalPhotos.com.

The new Home Depot in Coconut Grove, a project that has met adamant resistance from Grove residents since it was first conceived, is scheduled to open this week. But the fight has not stopped, and the commissioner of the district in which the project wishes to locate faces a battle not only with the retail giant, but the city of Miami as well.

Currently, a group of Coconut Grove residents is pursuing a case against the city of Miami, claiming that the City Commission did not follow the law when it approved the Home Depot at 2999 SW 32nd Ave.

“There’s a lawsuit filed by some residents that live next to the Home Depot,” says District 2 Commissioner Marc Sarnoff, one of the project’s biggest opponents. “They don’t think the city followed the law.”

“They [the city of Miami] have not interpreted their laws correctly,” says Sue McConnell, a Grove resident and plaintiff in the case. “There’s an ordinance that says no big box can ever come into Coconut Grove. There’s also an ordinance that says anything over 20,000 square feet requires a class two special permit … the city didn’t require that of the Home Depot.”

Sarnoff raised zoning questions that apply to the Home Depot project, without ever mentioning the improvement store chain specifically, at the May 10 commission meeting, asking for a written response from the Planning and Zoning Department.

This request was met with resistance from City Attorney Jorge Fernandez.

“All of the questions that the commissioner [Sarnoff] has asked, either he or someone involved in the litigation process has already asked,” said Fernandez. “The city, under the direction of the City Attorney’s Office, has chosen not to answer.”

The city attorney added that he would advise the city’s administration not to answer the questions.

According to Fernandez, the zoning issues in question were already submitted by the plaintiffs in the case to the Zoning Department, which, after consulting with the City Attorney’s Office, refused to answer them.

“To circumvent that process and to put the administration in a position of having to answer those questions, which are technically legal questions that are the subject matter of the lawsuit, I think places the city and places your city attorney in an awfully precarious situation,” said Fernandez.

Fernandez went on to say that “we are being sued by interests adverse to the city. Then … we have a commissioner [Sarnoff] who identifies with those interests.… I am really in a pickle.… I would beg for some time so I could seriously obtain the wise counsel for some ethics direction from the Florida bar.”

Commissioners Joe Sanchez, Tomas Regalado and Michelle Spence-Jones suggested that Sarnoff and the city attorney have a closed door “shade meeting” in which Sarnoff’s questions would be answered.

The city attorney indicated he would be willing to have a shade meeting, provided that Sarnoff is not allowed to relay the information to others afterward.

“I have reason to believe that Commissioner Sarnoff, being allied with the forces that are suing the city, will of course share all that information with them,” says Fernandez.

As of this writing, no shade meeting has been set up between Sarnoff and Fernandez.

“I’ve written a letter demanding an explanation as to why no meeting has been set up,” says Sarnoff.

Prior to being elected, Sarnoff headed Grove First, a coalition of concerned Coconut Grove homeowners who were opposed to the establishment of a Home Depot in their neighborhood. Many residents believe the Home Depot is industrial in nature and will ruin the character of the surrounding area.

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Do Formerly Homeless Need Parking?

Zoning Board Ponders Question for Affordable Housing Project

By Bonnie Schindler

An issue surrounding a reduction in parking spaces became a moral dilemma at Monday night’s Miami Zoning Board meeting.

The agenda item, a resolution for a special exception in the city’s zoning code that would allow a reduction in the number of required parking spots — from 103 to a newly proposed 58 — for a housing complex, also examined whether its tenants — very low-income, formally homeless residents — would be able to afford a car. The building, to be located at approximately 350 NW Fourth St. in Overtown, would be developed by Camillus House, a nonprofit organization that provides assistance to the homeless.

“Homeless folks don’t drive cars,” Ronald Book, chair of the Miami-Dade Homeless Trust said, adding that it is “common sense” that they do not have the means.

Agreeing, and presenting this alleged commonplace idea to the board, attorney Lucia Dougherty said, “These people don’t have homes; they don’t have cars.”

Dougherty pointed to a similar housing complex across the street that was also developed by Camillus House: the 47-unit Somerville Residences. Only 14 residents in the building have cars. The majority of the residents who live at 400 NW Fourth Court, according to Camillus House President Paul Ahr, are chronic homeless, meaning they have lived on the streets for at least a year.

“Give them a dignified place,” Ahr said.

Dougherty said that “the first step in the rehabilitative process is housing,” and those who live in a permanent home do not go back to streets. In Miami, she said, the success rate is 90 percent.

According to Camillus House, there were 4,709 people living on the streets in January 2006 in Miami-Dade County. That number was down from 7,057 individuals in April 2004.

Zoning Board member Cornelius Shiver lauded the design of the project as a beacon of light in a “concrete jungle.”

With cranes surrounding the perimeter of Overtown, the area resembles the hole in the developmental donut, Shiver said.

“And I would like to see that some of that hole is being filled in,” he said.

But Zoning Board member Ron Cordon questioned why the city would place people with no income in an area that needs an “economic shot in the arm?”

Cordon didn’t find comfort in knowing that developers think “that just because Overtown is saddled, that [they] can come in [there] and ask for reductions.”

However, the site, board member Bret Berlin contended, is a perfect location to not have a car; and as the formerly homeless seek employment, they can simply walk.

It is very close to downtown, where the transportation hub of the city lies, and where people can actually walk to work, Berlin said.

However, Cordon asked what kind of executive office in downtown Miami hires those who recently lived on the streets. The jobs in downtown are not typically offered to these people, he said. Instead, they will seek out small shops to gain employment. And for that, Cordon added, they will need a car because the transportation is inadequate.

Chairperson Ileana Hernandez-Acosta, who said she has been burned by the recent investigations into affordable housing, raised another tangent.

She warned the developers not to come into Miami claiming to be do-gooders for those who need low-income residences, and then turn around and sell the property for a profit. If she sees another unjustifiably lucrative deal against low-income people, she “will vomit.”

The proposed building lease includes a 50-year commitment to remaining very low-income housing. It would then be handed back to the Little Brothers of the Good Shepherd, the organization that founded Camillus House.

However, the item to be voted on did not include whether or not the project was a good idea fiscally, morally or otherwise. It was about parking. To ensure that an issue does not arise later, when the housing complex runs out of space for autos, zoning board member Joseph Ganguzza made a motion to include a condition that developers must notify the city when 80 units have cars.

With the deal sealed, the item was passed 5-4.

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Bay Harbor Islands

Bridge Work

Council Implements $1.7 Million for Capital Improvements

By Evan Berkowitz

The Bay Harbor Islands Town Council passed legislation to create a new lane at the Broad Causeway toll plaza and make repairs to a drawbridge, Monday evening.

According to Town Clerk Marlene Marante, the new lane is being built to accommodate BayPass customers who purchase discounted toll passes in advance from the town. The toll plaza currently has three lanes on each side. A fourth lane will be added and other lanes widened.

The town is responsible for maintaining Broad Causeway and four bridges that connect Bay Harbor to North Miami to the west and Miami Beach on the east. This includes the West Relief Bridge, which Marante said was recently “torn down and built new.” Then there’s the Intracoastal Waterway Bridge, which consists of 69,154 square feet of concrete deck.

“Of this area, it was estimated by Florida Department of Transportation bridge inspectors that 30 percent may require repairs as a result of concrete spalling,” wrote town staff engineer Randy Daniel in an April 26 memorandum to the town manager. “The town’s Capital Work Plan earmarked expenditures over the next four years to address repairs at the ICW Bridge; the total projected expenditure is $1.7 million.” Daniel’s memo said that if repairs are not addressed in time FDOT may place weight restrictions on the bridge. Work on one section of this bridge has already taken place. Pneumatic Concrete Company did that job and is now being contracted for the next phase.

There were some delays on the recent ICW repair projects. In an April 25 memo to the manager Daniels wrote, “During the early stages of the contract, Pneumatic made slow progress as a result of rough marine conditions, wave action from passing vessels and a very labor intensive method of applying the repair material.”

In that memo Daniels went on to say that new techniques, like suspended scaffolding that lifts workers out of rough water, and a new way of applying repair material, will speed up the process. Delays in permitting from a number of regulatory agencies also slowed progress.

The new work on the ICW bridge should begin immediately, but Marante said there is no official start date yet for work on the toll plaza area. The work on Causeway Island is expected to take six months to complete.

Traffic routing during the toll plaza work period was discussed at the meeting. Mayor Peter Lynch said that they considered nighttime work, but found the costs of that prohibitive. Marante told the SunPost that only a temporary lane closure would be necessary and that police and other town employees would be on-site to supervise.

The Town Council voted unanimously to approve an appropriation of $500,000 from the town’s Broad Causeway Fund Reserves. The council also gave the OK for a change order of $450,000 for Pneumatic Concrete Company to extend repairs to the underdeck of the ICW Bridge. The council then approved an amount not to exceed $50,000 for Hardesty and Hanover LLP to provide construction engineering inspection services. Another sum of $66,425 was granted to Hardesty & Hanover for professional services on the same project.

The contract for the Broad Causeway toll plaza project was also approved unanimously. The engineering/consultant firm of Calvin, Giordano and Associates analyzed bids for Bay Harbor and recommended that Solo Construction Corp. of Miramar get the job. They will receive $994,374.83, which includes a contingency allowance of $100,000.

The council was also asked to approve an allocation not to exceed $46,110 for Calvin, Giordano to provide construction inspection services. Councilman Alberto Ruder said he thought that service may not be necessary and the firm’s fee of close to 5 percent of the whole project is too high. New Town Manager Ronald Joseph Wasson replied that problems often arise after work on a construction project starts. You “start moving the earth around, you find things you don’t expect,” he said. A representative of Calvin, Giordano said the town would only be paying an hourly wage, which would provide for a full-time inspector on-site. The council voted 5-2 to grant Calvin, Giordano its fee, with Ruder and Councilman Robert Yaffe dissenting.

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Northeast Miami-Dade

The Coming Season

Aventura and Sunny Isles Beach Officials Crack Whip to Encourage Repairs Before Hurricane Season

By Randy Abraham

Hurricane season commences on June 1 and some Northeast Miami-Dade residents are still attempting to make repairs from the damage wrought by Hurricanes Wilma and Katrina two years ago.

In Aventura, most buildings have been repaired or are being repaired now, said City Manager Eric Soroka. “A lot came into compliance since we sent out the notices in March and April,” he said. “We want everything repaired by June 1.” He added that although the deadline is not firm and that the city would be flexible with property owners, the city could impose fines for noncompliance.

Probably the biggest unfinished repair job in Aventura and Sunny Isles Beach is the Point East complex at the southern tip of Aventura. The complex, governed by four different corporations, each representing a building, sustained about $15 million in damages, said Abraham Genen of Building 3. Three of the four buildings have applied for permits to begin repair work, he said, but Building 3 is appealing a decision by the Federal Emergency Management Agency to reject its application for assistance.

Some buildings in Sunny Isles Beach have been demolished after sustaining such heavy damage that they were declared unsafe structures by city building official Clay Parker, and evacuated. The Ocean Beach Resort apartment complex at 17475 Collins Ave. was demolished in late 2005, and the Playa Varadero condo-hotel buildings at 17749 Collins were demolished about a year later after unsuccessful appeals by part-time residents, Parker said. He added that another complex declared unsafe, the Blue Grass Club at 18325 Collins, made the necessary repairs and is occupied again.

Parker said two single-family homes in the Golden Shores area have applied for demolition permits and will thus have 180 days to demolish their properties. He said, however, that under the city’s nuisance ordinance they will soon be cited and will then face a daily fine. The fines, he said, are intended to speed up the demolition process. “I want to get those buildings down,” he said.

Parker said that “repairs are not being made as quickly as we’d like,” but noted that much of the delay is being caused by dealings with insurance companies and the availability of contractors.

Repairs to windows and sliding glass doors have been largely made, Parker said. Most of the outstanding problems, he said, involve repairs to balconies. However, actions have been taken to reduce the risk of further damage and injury. “The plywood on the railings was required to meet a higher wind load, so it’s not as bad of a hazard as it was before,” said Parker.

In Aventura, Soroka said that last year elected officials agreed to set aside a half-million dollars in a reserve fund for future hurricane repairs, so money is in place for the coming season. He added, however, that property tax reform proposals to be discussed in a June legislative special session could affect the city’s ability to budget for a hurricane reserve fund in future years. “That could be one of the first things to go,” he said.

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Surfside

Religious Zoning

Temple Attorney Complains That New Public Assembly Code Is Not Enough to Accommodate Future Needs

By Evan Berkowitz

An old legal opponent of the town of Surfside is planning to build a new synagogue on 96th Street, and the town’s current administration has crafted a new zoning ordinance to accommodate that plan.

Originally the lawyers of Young Israel of Bal Harbour discussed building a temple on two empty lots, one at 9580 Abbott Ave., the other west of and adjacent to the first on Byron Avenue. At the May 15th Surfside Town Commission meeting the possibility of Young Israel expanding its temple site south by buying two private homes was discussed.

The town is trying to accommodate the synagogue after previous town governments litigated against the congregations of Young Israel and Midrash Sephardi for nearly a decade. The two temples wanted to operate in a bank building at 9592 Harding Ave. However, Surfside officials argued that the building was not zoned for religious use. The courts ruled in favor of the synagogues. Surfside only recently settled the cases, paying both temples’ legal fees.

At its Feb. 13 meeting, the Town Commission unanimously passed a “friendly amendment” in support of the then-yet-to-be-written ordinance that designated three areas as appropriate for religious institutions: 96th Street, Harding Avenue and Collins Avenue. Young Israel still resides at 9592 Harding Ave., on the second floor of a bank building, the same site that led to the original controversy.

But Young Israel’s attorney, Stanley Price, said the new ordinance does not allow his clients’ congregation to expand. “This is an anti-RLUIPA ordinance,said Price, referring to the Religious Land Use and Institutionalized Persons Act. “I represent 135 members of this congregation; approximately half of this congregation lives in your city, your town of Surfside.”

Price said that the two residential properties to the south, called the McLaughlin and Baker properties because of their current or previous owners, should be zoned for public assembly usage, allowing Young Israel to “be able to put in a building that would provide sufficient parking and address the needs that you want,” he said, referring to the town’s parking regulations.

Although the three sites designated for religious use are on commercial thoroughfares, many town officials are concerned that future places of worship may “aggregate,” or expand, into nearby residential properties. Vice Mayor Howard Weinberg noted that many citizens predicted this and said the site expansion was unnecessary. This is “exactly what the vast majority of Surfside residents said was going to happen,” Weinberg said.

Town Attorney Lynn M. Dannheisser said she took offense of Price calling the new ordinance anti-RLUIPA. She said that 8 percent of the town allows for public assembly was ample enough area. And the town didn’t want to zone “in a helter-skelter way,” but rather in a manner that accommodates the impact of car traffic, parking and other issues.

“The reason that I’m not personally offended by what I have heard is because I know that Mr. Price is much too bright to actually believe his own analysis” of this ordinance being anti-RLUIPA, Weinberg said, adding that he considered himself a champion of Young Israel’s cause. He noted that during the recent elections he and the rest of the new Town Commission campaigned vigorously against the previous regime’s tendency to overlitigate. “I was the torchbearer for making things right,” he said.

Max Dekelbaum, the president of Young Israel, said he would be willing to change the name of the synagogue to Young Israel of Surfside, instead of Bal Harbour, better reflecting the institution’s home. I have “no problems with that whatsoever,” he told the commission. This suggestion came from the wife of Commissioner Marc Imberman, Kathy.

The religious institution ordinance passed unanimously, with Price planning to meet with town planners and attorneys to make clarifications and possible changes before the item’s second and final reading in June.

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Film

Another Shrek

 

Murmurs

Is the system unfair to convicted sexual offenders, like William Eades, who have served their time? Wilbert Keesey doesn’t think so.

 

Wakefield

To the annoyance of many, die-hard parks advocates continue to fight plans to build museums in Bicentennial Park.

 

Art

How can artists continue to exist, and even thrive, in an ever more expensive Miami? And why is it so vital to the rest of us that they do? Critics Michelle Weinberg and Alfredo Triff give their insights.

 

Theater

We had a film critic review a musical. Fitting since the musical was based on an animated movie.

 

Bound

For the sake of humanity, Christopher Hitchens has decided to take on God with his really big brain. Considering Hitchens believes God does not exist, the writer probably isn’t too worried.

 

Groundwork

Did you know that May is Home Remodeling Month? Plus: fun facts about foreign investment in South Florida real estate.

 

Letters

Art Review

Chow

Restaurant Listings

 

Film Capsules

Musical Archive

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Special Sections 2006

 

The SunPost 50 2007

Employment

 

 

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