Loading...
HomeMy WebLinkAboutItem #65 - Discussion Iteme } a- o17 - t atee` a. • U = Lazerne Apartments, Into �Q �orfhtast I��h �tre�t Ots of fai ml, Florida ssf32 _ .. Lance G. Paskewich. President `Rtck* 6E,'SArpoManagers (30S) 5%-3344 (30� 51i• 999 '� June 27th, 1990 Mr. Cesar Odio, City Manager City of Miami, Florida REt EMERGENCY Anwida Item for my Rehabilitation Loan, Roof Grant Request, and H otst3ng biyisioi's Refusals to Follow Commission's Motions. N Dear Mr. Odio, I respectfully request, as an Ea a Item to be placed on the Juhr 12th, 1990 City of !~Miami Agenda. I wish for the following items to be discussed and voted on by f Members of the Commission:- A A: RESOLUTION aoyrovint an EMERGENCY Roof Grant of 20,000.; to stop the `Deti k retion #- of this , Apartment Building, In order to Protect the GgWle of remdohn Tenants ftwn P and to . be able = to remain in business while the Housing Division further, and y- ian-aE—gi my 19E6 Anaticatieon. . B. A Ulj W aderim the Administration to finalize My Rehabtlltwtlon Lam Bastion F _since IN& aesd to dal m the C+oenmission's Mahon No. W21Q of Matta . Further, stating, that Herbert. as use his ". Ins ocdir , to.MWWAWS RgmleoWb to kof to cover extra. costs of to to of - tim LW, and Aftlinkt—raame have re tees a cant for his Comm an I further request that the attached Mav 23th 1990 Letter to Herbert Bail► be aatsbwered < in writing, and for, him to .explain' 's 2use 1 99B letter . ` that vow appilcatidn he canoelled." On May approximately 23 aoesals of ; were sent by Snap Couriers, with Individual packages or Herbert Sam x Diane and Leif As -of today's date, not a once of These WHOM ✓C 5 I am in desperate' need of the Commission's help, =,opping 'this retaliation,"Ish t myself, y and the, 3ovtetmm Target ,j t t erely, lop e G f kewich 7903 Camino Real H41$ Miami, Florida 3311#3 ' } LGP/lgp Attachments a. a T F >• tr .4 A114mi Und►wrk Since 1924 " rica . n i r.. of W • i *i ' fit» = t it T Fm 6 c- of Ain t CCRAN H. 0010 CNN► MANAOQ1r MIAMI. lLCwfdA ��5.1'•O'!H!) cos-eso-ea•o , { r December l l e - 1986 `'-- Mr: Lance Paetk*widh a ,L 7008 casino�"Heal H #1® . MJ4mi, , Florida 33143 R: Luserea'Apartments 36 13tVito h 4treet Dear Mr., Paaskewlebs Pursuant to your request for assistance in securing .< rehabilitation financing for the subject property from the City of Miami Housing- Codservation and Development Agency, please r` - pronide.thie'office with the following informations (1) current balance owed on existing mortgage(s), and v proposed refinancing plan and source, if any, (2) amount and source of private financing available for the, rehabilitation of the residential units, '. (3) a determination of use for the existing commercial spaice � �„° (i.e. to be incorporated into one of the existing` 17 .,Al residential units or remain an a commercial unit*), ~r (4) if commercial unit is to remain for that use,, a letter _. from the Buildingand Zonin Department 9 P specifying either ` the code violations which currently exist in the commercial unit or that the unit presently meets minimum N code (3) if commercial unit does not meet code$ specify your. <` AVw Commitment of funds (indicate source) to be earmark*4 for:" the rehabilitation of the commercial units, r y October1`1, 1986 page 7 (6) -your personal financial statement, and, (7) letters from a minimum of three (3) realtors, who.,manage _ rental properties in that area, specifying average rents'# by bedroom size, for apartments in the neighborhood. ?� An 'requested in the Housing Agency letter of July 21, 1986; (see. attached copy) this information is required by staff to complete your. loan . application package. You have been in receipt of JUly "21st letter for some time, thus I trust you have the requested- information available to be. submitted prior to ,tire;.. R scheduled Wednesday, December 17th meeting. - Should the information not be available at this time, the meeting Mill , be rescheduled to allow you sufficient time —to collect this, information in order to have a productive meeting and achieve k measurable progress towards the funding of your loan application. s_ St rely, .. .1. 03 Cesar H. Odio Manager *y F1 1 lei s 4 ilk j MV 8 j Y �U, L A RESOLUTION APPiitlVILIG IM182D PROGRAM Culbet,114611 ATTACHED HERETO i�Rn INCOR�fY►,iM1tRA#TIR}D fib R�il�iR�ii ��� �i 17V�11-ii'AMf�i AVVOIi�V 11MOI AITATION IAMN 190ORAM rU90E0 THROUGH "a COMMUNITY DEVELOPMENT owex GRANT, AND AUTHORIZING VHS CITY KUA1121 TO IMPU M M THE . PROORAM IN ACCORDANCE HEREWITH. WHERrAS, in recognition of the continued need to provide safe and sanitary rental housing units affordable to low and moderate income families in Community Development Target Areas, the amount of $2,150,000 has been allocated from the Thirteenth Year CDBG Program to the Multifamily Housing Rehabilitation Loan. Program; and WHEREAS, on September 9, 1982 through Resolution No. 82-825, the City Commission adopted guidelines for the Community Development Rehabilitation.Loan Program; and - WHEREAS, certain revisions to the Program's implementation guidelines are necessary to comply with'recent trends in federal program policy to maximize public funds by leveraging private monies, NOW, THEREFORE] BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDh3 Section 1. The revised Multifamily Housing Rehabilitation Loan Program guidelines, attached hereto and incorporated by reference, are hereby approved. Section 2. The City Manager is hereby authorized to implement the Program in accordance with said guidelines, PASSED AND ADOPTED this 9th day of Jul 87. �Ht 7CL wrS L�Cr GEelC�r'f�i�e XAVIER L. SU Z, MA R Met MAIW HIRAI, CITY CLERK PREPARED AND APPROVED BY: APPROV A TO FORM AND CORRECTNESS;: 9o"' sz •. ROBERT F. CLERK . aovc RTY , CHIEF DEPUTY CITY AT T R j7q,,,4,�►• „�. YAA TORt: CITY Cta 4Sai0�1 a r BO 1e0hekst t:1th Mutt Tito of Mimi, #lloidi 311.12 I.ar G. tlsaka;wlch. prosider;t Hector dt Sam Orth% MAhn0� c"31 -9" yanuary 74th, 1990 (30S) s5A- Mr. Cesar H, Odlo, City Manager City, o Miami, Plorida HOW, Deliyarxed - REt Rehabilitation Loan for Luzern Apartments and Current Settlement Procedure. Dear Mr. Adio, I was shocked to accidently learn, that the City of Miami Legal Department, had verbally placed My name and Luren Apattinents, on the 3ammy 11th. 1990 Agenda as Item lt7, and deliberately made sure nobody informed me or my Lawyer Abraham Galbut, of this item. This letter Is to request that I be placed on the Febr%my 7th, 1990 City of Miami Commission Meeting Agenda; to resolve the 19E6 Rehabilitation Loan Application for S3oo,000r and If necessary - to begin a new Investigation of the Housing Department concerning my June ISYth, 1937 Section E Moderate Rehabilitation Loan Application. The June 1987 Application was purposely not part of the first two 2 Investigations. Since Sonata Figu�ero�a C,ervex I retaliated against me, by rejecting the 1937 Application in just FIFTEEN 13 Business Da er actions showed a continuous pattern of IMPROPRIETIES and Loan Discrimination at the HousirK Depw toll ite On' February 9th, 1939 the City of Miami's Department of Internal Audits and Reviews - Ltvesti_tiye Report of Discrimination Complaints at the Housing Cons�ervatlon and Development — ,, was released to the Public. This Report substantially backed -up each and every allegation � I have ever made -but the City AttovM refuses to adcowledge the Findings,of numerous UWPROPRIETIES in the granting • of Loans and Grants. If Jorge Fernandez Is correct that there were "No Irnpro;ariettes concerning` Luzerne Apartments' Loan Applleatians", then why were both the Director and Assistant Director suspended by you from their jobs, and forcibly RETIRED? My 1996 Application and 830-pm in- clastee, was presented to each member of the Commission. At the July 23rd, 1997 Commission Meeting, the entire package and case was turned -over to the Law ` Department for review of the entire package, not just a few selected pages. The Law Department, through Lucia Dougherty, met at length with Attorney Abraham Gaibut and myself, and wrote a Memorandum on September 16th, 1997 detailing the procedures to quickly resolve this Loan Application. Further agreements were verbally made with Ms. Daugherty and John Copelan. These agreements Included the review of all applications and all documents presented. Jorge Fernandez took over the Law Department on May 19th, 19U; and personally guaranteed -_ that anything in writing or promised verbally by Dougherty and Copelan, would be followed to the letter, by the new City Attorney. The rationale for his decision, was that the agreements were - made by the Law Department, not by two (2) private individuals. Now, Mr. Fernandez remembers none of his many agreements. Since May 12% 19EE, I have tried to have a Meeting between Mr. Fernandez, my Lawyer, and myself. In thee course of the past 'TWENTY (20) ,Months, over 100 phone calls have been made to Mr. Fernandez. Only six (6) calls were ever returned, and to this day Mr. Fernandez has refused to meet with my Attorney or myself, and has refused to ever introduce himself to my Legal Couns*I or myself, or to sit-in for a single minute at the numerous hearings conducted at the I.atw Department. His only answer has been; "Lucia should have never made such agreements with youy your attorney, the Mayor and the Commission. Why don't you just talk to your Attorney and just sue the City of Miami." The ONLY HEARJING allotted for presentation of my side of my case, was finally heard on Dec em erT3th, 19E9•Two Years and Flue Months after the City Commission turned this case over to the Legal Department, for a quick settlement. The Legal Department through Lawyers Vicky Lelva and Alex Yifareilo, changed all the rules, which had been in place for the City. of Miami's Housing Department's Hearing Dates ofs Mare3h 30th, 19115 May I9th, 19MSpechd on -Site Meeting with Hearing Officer June Ida, 19U • 4 „P re Cesar Cdlo Each of the Hearings were conducted in the lag a Conference Room, and only when the entire ` L.-Mild.. Attendat trio same . 1 was allowed to have my Lawyer, and sometimes my Parents attend. The City were allowed to jump -in and supplement each other's testimony at will. When ley sole Presentation Hearing Day was held, we were moved -out of the Conference Remit, Into Alm Vilvello s private office, where space only allowed one (1) witness at a time to testify, while all the other witnesses sat In the lobby for hours. Our witnesses weren't allowed to be in the same Hearing room, to back-up and support each other's testimony. The rules had drastically changed'. We were not able to get all our witnesses to testify, since It is Impossible to schedule so many people on a single day. Out of SIX (6) Hewing Dates, the Law Department permitted us a Stnitla Date f our Live w►it;tesses. The Law Department refused to allow any Srront . Testimony at the first five 5) He nar�i gs$gs$ but DEMANDED Sworn Tes;timanr, with the City's Court Reporter present, for our December 13th, 1989 Hearing. Each of my witnesses were sworn -In, none of the City Employees' Testimony was Sworn Testimony. The Hearing started with a demand that i be Swarn4n, and swear under oath, that "Lance Pasiee+�idt would oromise NEVER TO APPEAR. In _any way. before the City of Miaml Comma concerning the Lucerne Apartments Rehabilitation Loan Applica ons". After an hour-long argument, and consulting with City Attorney Jorge Fernnandez, the Law Department decided that they could not waive my Constitutional Rights to speak at Public Meetings. My Lawyer and myself, made It very clear, that we were to be present, when the Law Department presented their findings to the City Commission. It was also mutually -agreed that all evidence presented at previous Commission Meetings and Hearings, would be reviewed, together with the TRANSCRIPTS f vm the December 13th Hearin. It was further promised that nearly to ty (20) hours of Heering Tapes recorded by Deputy City Attorney John Copelan, would also be reviewed, before a Final Report was made to the Commission. However, the nearly 300 PAGES of Transcripts, from the Final Hearing, was not delivered to the Law Department until January 19th. JIM; EIGHT (8) Days after Jorge Fernandez read from his Final Report. As of today's date, I have been unable to receive the Final Report, since Mr. Fernandez is still making daily changes and corrections -after he reported to the Commission, from his um -released Final Reoat. Vicky Leiva, still has not signed the Report, which was supposed to be Final. During the course of the Hearings and Investigations, the Legal tment filed an Illegal Garbage Lien. Then the Legal Department filed an ILLEGAL Garbage LtDeparexn FORECLOSURE Notice and advertised for the sale of Lucerne ApartmenKs, prior to the Owner. Rafael Sum-Rhras, was going to cause me to lose my property anyway he could, since he had been , the City Attorney assigned to protect and defend the Fraud and Corruption that was on -going In the Housing Department. Suarez -Rivas had attended several of our Meetings with the Housing Department and the Auditors, and had personal knowledge that the Garbage Bill was part of our settlement with the City. When Jorge Fernandez was notifed of these illegal acts by his Assistant City Attorneys -he did nothing; except to refuse to return dozens of phone calls. When we sought the help of Bill Perry from Victor DeYurre's Office, to get a Grant for a new roof, Mr. Perry had Janet from your Office meet him at the Apartment Building to see if she could help, stop the rain damage to the Building. Instead someone from your Offices called Edith Fuentes, Director of the Building and Zoning Department, and had an Inspector Immediately go to my building. The Inspector told several Tenants; "I am here, to wriite M the buildin for condemnaand demolltlon " The Inspector told several Tenants they better move soon, thereby causing me to lose several more Tenants and loss of rental Income. Out of a seventeen (17) unit building, five Tenants remain. The Tenants have seen, how much has been -accomplished since I went before the Commission In 19M My and 1989. They gave -up and moved -out, leaving me with little income to wait for'the i Attorneys settlement of the case. I am currently losing nearly S3,000 oar month, while the City does nothing. I am sending copies of this letter and the supporting documentation, to each member of the Connmission, so that they may make a fair and Impartial decision, concerning the Rehabilitation Loan for the Luzerne Apartments; and so they can be made aware of the Improprieties at the City Attorney's Office, the Housing Qepartment, as well as Building and Zoning and the City Managw0s Office. S! edy, ' ancee G. asltervie:lt, President g o _ � 2 2'. iBtiJ Camino Real M-1I18 Mlan►i, Florida 3314e3 F ia►Ci�/igp ^. i s _ i 4- i � t 1 �e r Inc. 3 t# is, wl otthcast 1'.1th Strect of fliaroi, fiot da S3IS! . Hector & Sara Ortit Mansifers ' - -` LAnoe G. Paskewich, President (305) 358-29" (305) $90-5344 May 23tfi, 1990 —_ Mr. Herbert Bailey, Assistant City Manager _ City of Miami, Florida Director of.ahe L"artment of Development Housing Conservatlon'and'Development Agency = Duponv Plaza Center — ` 360 Biseayne Boulevard flay Sulte 401 Miami, Florida 33131 11E 19y0 gevisian of Inn tlon and Transcript of the March 8, 1"0 Commis" meetbft Old mati No.90-210. Dear W. Balky, - After s lumen nie:sautes for �rou at may► gm offices, and never recelving any i:- ?}- .leaving,,over telephone calls backr I must write this letter for the record. roared before. the City of Miami . Commission _Meeting, on . Mec!rb Eth, 1910. — you art aa►are, L As, This pas my F" 4 on .the. same subject the -A- $ A iartntents.. I appeared 1 a 114192 and 1990. Each time I let the Publicly -elected Officials know what was going on, at the dousing Division, the retaliation by City Employees In severs! Departments, always escalated. i wee that them virtually. nodwti get In the attitudes of your Staff. Tt►ere is no covperation, 4 'The, Commission; Instructed your Department and myself to do the following: 1f Na ."-210 s - to t the A M � s his T � � . opmeeft llgeocr to Paskcwich in with ehabl ItOm { City Loam k" ated st, X N W. P,"Wwl h ANY til Y { E Ad1n�i11ftlaOf -. �wtunt lis�I1R , colow" n and � ft�Cys at - Ch tlil�s tha ,�geM� vas -low me '►Itff -U for the Pro*u saw iurtlrec directing thG City #ltanaRer' to n�6 MUM i mat +a►ith your Diane Km" 3e#t Hepburn, and 3 3ean at your Department on Ul 13 I the third turd; business day after the commission meeting. This was what the: a 'v mm ton had ordered. ,V/hile I had expesteds and was supposed to receive, a tear items to be completed by i a►a: told by yourself and yore Statty that I had totally rn stogy the �am��+ motion and that 1 "a►as to start an " srver with . - � t yf } 4 5 � i IL R zdi t I 3 at . - -k r 2r r4 r �3 i fake Two -Herbert 8a11eY °�} h I then went to a second Meeting, with 3acques Sean and a new estimator, and was given a new application package, contrary to the City Commission's Instructions. I was told by Mr dean -that this was the quickest way to get the project done. Diane Kraska's testimony to the Commission on Match Sth, was that It took 2- v►e�ati to complete a Work Vr_item, under Normal conditions. There have already been approximately Six versions of pork write-ups and Estimates. All that needed to be done this time, was an U,�date of the Last work te-up, with any Deletions or Additions being made. While some of the Cost Estimates, needed to be Increased due to inflation, most items had been intentionally INFLATED In the past to make the project unfeasible -so with honest estimating and ieadtltnt►te o ceif�cstlons; the total project cost should change very little. What 1 can't figure out, Is why not one City of Miami Employee, In your Department# has been - given a copy, of the Transcript of the March 8th, 1"0 Meeting. Weeks ago, a very angry aeff, Hepburn, told me he` ;would; :"Not give of the Trarrsrt t or Motion passed the Commissi unless be eras told to do so I Ignorance of whatthe Commission discussed, as well as the Motion passed, Is no excuse for your yew,nightmare, Department ignoring the.Instructions of our Elected Officials. Thla entire ten- ' was to be ended linmediately. Everything was to be finalized and broug t back (before the Commission on AorrU 1„2th. Diane Kradca waited until _ApcU IM 1990 until she gave this Pase i to an Estimator. Mc. Chapman, the new Estimator, wasn't available until Yi 1990 to ' begin,',.tht mock pebcxss ` Cost Estltnates. He was Instructed b� y Bea„ 1* to "Start ty t i a w►ti and ,, brandnew cosh look at o ect " : in other words, he was told to start over from crate , like I h never A Again, these Instructions, ignored the discussion and Motion Passed by r! the Commisslon: Further, Mr. was purposely given, my Manager's, old telephone: number, ae ace: _Chapman reserving; and never got an answer. ' Why didn't anyone give Jiihi my, number? It is on all. -my,... 'me , n, a; Business Cards and Letterheads. _Please instruct your staff to only communicate with at the address and telephone numbers listed -at the bottom of this letter.' : Sam and Bankfi ran -up OOL in Architect's bills and Bl Beat S Mr. Beaty per y, or throughhis supervised Staff, received Bluepr nt Changes�as or+W+fd by the Cl of Mian►i Ug9ft Dow bamste I did not make these requested changes -your people a to did! - Weeks ago, Sate 8��t' told me "What Blueerints? I haven't�any new ones "since i9$S�nd ""^" T__ ___A -A i-- WhAmn le +his Prowl nnAr�1fiTllll i�f! t 9 may. i' s i +g :., wz DEVELOPMENT & HOMING CON5FRVATIONAID NT PEAZA, cli Ht9f�JSlNf� �QPI�ERVAT1t�N �IV�lN � , .,: � , •hid, Wty, i� �1/Mkuai, ik�illi �,113#iJ #i!-r ;,