HomeMy WebLinkAboutR-86-0947` f �
J-86-985(b)
11/7/86
RESOLUTION NO. 'w'347
A RESOLUTION REVERSING THE DECISION OF THE
ZONING BOARD, THUS, REVERSING THE DECISION OF
THE ZONING ADMINISTRATOR THAT 'THE CHARLEE
PROGRAM FACILITY LOCATED AT 1640 SOUTH
BAYSHORE DRIVE IS A COMMUNITY BASED
RESIDENTIAL FACILITY (CBRP} AS PER THE CITY.
OF MIAMI ZONING ORDINANCE 9500, AS AMENDED,
SUBSECTION 2034.1 THEREOF,; -.CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
WHEREAS, The Miami Zoning Board at its regular meeting of
October 6, 1986, Item No. 3, followinq an advertised hearinq,
adopted Resolution ZB 106-86 by a 6 to .2 vote, upholding the
decision of the Zoning Administrator as hereinafter set forth;
and
WHEREAS, the applicants have taken an appeal to the City
Commission from Zoning Board's affirmation of the Zoning
Administrator's decision; and
WHEREAS, the City Commission after careful consideration of
this matter, hereby finds no rational basis for upholding the
Zoning Board's decision;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The decision of the Miami Zoning Board to
uphold the decision of the Zoning Administrator that the CHARLEE
PROGRAM facility located at 1640 South Bayshore Drive is a
"Community Based Residential facility" (CBRF) is hereby reversed,
and this City Commission further finds that said establishment's
use constitutes a "foster home" under Subsection 2034.1 of
Ordinance No. 9500, the Zoning Ordinance of the City of Miami,
Florida, thus, no Special Exception is necessary for such use.
PASSED AND ADOPTED this Z5th day of November
1986.
ATT
XAVIER L. SV=Z
MAYOR
CITY CLERK crrt CQ N
MEETING Or,
NOV 95. f
PREPARED AND APPROVED BY:
2, ; W
W LL
JH
T CITY ATTORNEY
APPROVEDA TO FORM AND CORRECTNESS:
Lvv.sen • wvv
CITY A TORNEY
JEM/db/M257
V,
S
RES1bENTIAL CHILD CARE ASSOCIA:' ON OF DADE COUNTY
NIAMI, FLORIDA
To: The Honorables:
Xavier Suarez, Mayor
Miller Dawkins, Vice Mayor
Joe Carollo, Commissioner
Rosario Kennedy, Commissioner
J. L. Plummer, Jr., Commissioner
We, the undersigned representatives of the Residential Child
Care Association of Dade County, hereby request your support
for the CHARLEE Foster Home located at 1640 South Bayshore
Drive.
We, as professionals in the residential care of children,
know this home to be a foster home.
CHARLEE foster homes, established in residential neighbor-
hoods, set the stage for growth by providing the love, disci-
pline, understanding and acceptance each child needs. For
many of these children, it is the first time they have ever
felt they really belonged.
CHARLEE of Dade County, Inc., has been in existence in our
community since October, 1983, and has established itself
as a quality program providing an invaluable service to the
community and the abused, neglected children of these services.
Respectfully submitted,
4r, qve, C
A"
M.Aggesp Gutierrez, Social Worker, Children's Home Society
Jo �Bac LCSW, Director, Charter Counseling Center
-- •�
ern, A lescent Program Director, Grant Center Hospital
.H.S`A Counselor, Adolescent Unit, Palmetto
General Hospital
Meie
nSocial Worker, Miami Bridge, Inc.
, Administrative Assistant, Miami Bridge, Inc.
ie Tilylor Team Leader, Miami Bridge, Inc.
a.a�T� L— V. SkA
e r y Sp ar, Assistant Director, Guardian AdLitem
Submitted into the public
record in connection with
item)t-Z on
Matty Hirai
City Clerk
Youth Develop -
say a Si g et /,/ meld Services Manager, Eck
ment Center
in an Muldoonector Child Welfare, Catholic Community
Services
nft,Q, Cj "'�,;►�to.,.� tom`
aria J. Torano, Coordinator of Residential Services, Boystown
of Flori a
Gi. J.c.t.ce.
Eger ill r; L.C.S.W., Children's Psychiatric Center
a n z ivision Director, Dade County Department of
_ out and _Family Development
Jame4. Shelter Director, Miami Bridge, Inc.
,d9ewWfie�`Social Worker, Florida Baptist Children's Home
acq ne . nsen, A o escent Program Director, Highland
Park Hospital
osemary Enright, Legal Intern Education Advocacy Project
�QO,e"wt+
Anna M. Geog�an, Di ector of Program Services, Catholic
Comm r ices /Gnn''ff,,II''�,/r•
or [ar A. Brusz r, Pro ram Director, McLamore Ch dren's
j yCenter, Children�s Hom Society
'he Reverend Caroll Mallin, Methodist Family Services
7NI
Hon. Xavier Suarez, Mayor
City of Miami City Hall
3500 Pan American Drive
Miami, Florida 33133
Ili 111,11111/11111II111III 111,11
November 19, 1986
The Honorable Xavier Suarez
Mayor, City of Miami
City of Miami City Hall
3500 Pan American Drive
Miami, Florida 33133
RE: Zoning Issue - CHARLEE HOMES FOR ABUSED CHILDREN
Dear Mayor Suarez:
We urge you to support CHARLEE so that the five homes in residential areas
are preserved. Each home meets the vital needs of abused children. Some
persons are concerned that a CHARLEE house will depress the value of their
adjacent property and present security risks. PLEASE consider the facts:
CHARLEE is NOT a half -way house for drug users and juvenile delinquents.
A CHARLEE family IS like any other, except that the parents are foster
parents and the kids have special needs - they are abused.
If you cannot preserve the present locations, as taxpayers and voters, we
ask that you proactively work to find acceptable alternatives before you
make any decisions that (based on zoning, lack of notice to neighboring
homeowners, etc.) would force CHARLEE out of one or more of its locations.
These kids deserve UNINTERRUPTED help. Miami has too few viable quality
programs for the abused - PLEASE DO NOT KILL CHARLEE's PRESENT OPERATION.
Respectfully,
d&te-9W*AVV-
'-'J. Bruce Ehrenha t
Second Year Law Student
University of Miami
cc: Mr. M. Dawkins
Mr. J. Carollo
Mrs. R. Kennedy
Mr. J.L. Plummer
Submitted into the public
record in connectioar'4
ite" z• 2 on �� .
Mar . .a. ai
City Lteiz
ael&� a
Alexis �Jepewayy E renhaft
Junior League of Miami
D
1024M
6340 S,W. 14 Street
Miami, Florida 33144
The Honorable Xavier Suarez
Mayor, City of Miami
City of Miami City Hall
3500 Pan American Drive
Miami, Florida 33133
h2Rf�
u
At
MIAM1 LAKES pROP'ERT[ES, INC.
6843 Main Street • Miami Lakes, Fbrida 33014.305/821-1130
Beth Q Martinez
Vice president, Apartment Operations
November 13, 1986
Xavier Suarez, Mayor
City of Miami City hall
3500 Pan American Drive
Miami, Florida 33133
Dear Mayor Suarez:
On November 25th the city commission will be holding a meeting
to discuss the proper zoning requirements for the CHARLEE homes.
I would encourage you to take the time to visit one of these
gram
homes
providing iaymuch neededfor lservicef that ttosour community -is a foster pro -
In Dade County CHARLEE has been opthisiprogram canwithout pcontinueroblem oto
three years and with your supportrtunity for abused and ne-
grow and flourish providing an ppo o
glected dependent children to have a family of their own.
Sincerely,
&eu &/ -waoo"
Beth G. Martinez
BGM/jlr
Submitted into the public
record in connection with
item on
Matty Hirai
r;tr, C1nY1C
A Subsidiary of The Graham Companies
i
f•
�I��"�►�/'�� f ! � a.. a .. ,.<
MIAMI LAKES ESr1CIG
y3 Main Street•Mww lakes. Florida33014
Xavier Suarez, Mayor
City of Miami City Hall
3500 Pan American Drive
Miami, Florida 33133
A
LAW OFFICES
BARRANCO, K$LLOUGH AND KIRCHER
00R00"C9111I0NAL ASSOCIATION
A. J. SARIR^NCC, JR.
STCVCN KCLLOYON
PETtw N. KIRCNtR
DAVID N. CNARLIP
MARIANNC L.I'OOARrY
LUIS C. DCLOADO
September 29, 1986
HAND -DELIVERED
Mr. Aurelio Perez-Lugones
Planning & Zoning Board
Administrative Officac
275 N.W. 2nd Street
Room 226
Miami, Florida 33128
=S WtST ILAOLCR STRttT
SUITt 1040
MIAMI, FLORIDA OCROO.1780
TCLCPNONC (306) 371•4975
Re: Charlee Program, 1640 South Bayshore Drive
Dear Mr. Perez-Lugones:
I live at 1629
for 18 years. As a
zoning meetings.
South Bayshore Drive and have lived in Miami
private citizen, I have never appeared at any
I am vehemently opposed to the location of the Charlee
Program on South Bayshore Drive. This is not an appropriate
location for such a project.
Please do not allow our neighborhood to be violated.
AJBJR14:pm
CC: Cesar Odio, City Manager
Pauline JosephGenuardi, Zoning kiministrator Office of the City a into Me p�
Sergio Rodriguez, Director of Planning ZeWrd in 00rM y
Willie Gort, Zoning Appeals Board
Ray Anderson, City Attorneys Office itg_OII/Zs « {
G. Miriam Haer, City Attorneys Office
Jose Villalobos, Esquire
Juan Gonzalez, Chief Zoning Inspector natty I'i
Al Cardenas, Esquire City Clerk "
Xavier Suarez, Mayor, City of Miami
J.L. Plum er, City Comsissioner
Rosario Kennedy, City Cauxissioner
D,--
Miller Dawkins, City Coaao®issioner
W3p 11
LAW OMC[S
SA�Axoa NEXXXOv46 AxV Mmacw=
P%O►SSSIONAI. ASSOCIATION
Sl wSST r4Aoi.SR STRUT
SUITS W40
E4
Xavier Suarez, Mayor
City of Miami
3500 Pan American Drive
Miami, n. 33133
IIIIIIIIIIIII1IIIIII1111111II111
PAUL C. STEINFURTH
3250 MARY STREET • SUITE 306
MIAMI. rWRIDA 33133
OPPICE TELEPHONE RMIDENCE TELEPHONE
(3051 447•1307 (3081 666.6958
rt,
November 18, 1986
Mayor Xavier Suarez
City of Miami City Hall
3500 Pan American Drive
Miami, Florida 33133
Dear Mayor Suarez:
I am writing to you in support of the CHARLEE Group Home Zoning
Appeal which you will be considering at your November 25th Commission
Meeting.
While I know that this is a difficult issue with many considerations,
we feel that this foster home provides a very valuable and needed service to
our community as well as a line place for children to be nurtured. To date,
this home and the children living in it, have caused no disturbance or problem
in the area.
We personally have annually committed $6, 000 to this home as we
believe this to be a valuable community outreach.
Therefore, I strongly urge you to reverse the decision of the Zoning
Hoard and allow the CHARLEE Home its rightful place as a foster home in
Miami.
Sincerely,
Paul C. and Lynne H. steinfurth
PCs/ba Submitted into the public
record in connection
ite Z-.Z on
Matty Hirai D
City Clerk �, 1919�
i I Ili ��,�liill�l�lllla
Mayor Xavier Suarez
City of Miami City Hall
f� 3500 Pan American Drive
Miami, Florida 33133
r4 Fl •-
f 5
1p(�
J
� 3
x�
lror.'.Rr.Sfi�.aLs�ie�YS "`..�.,1 4sv�.•:.� rtA.,�.rw' ...... .. ... . ..
3250 MARY STREET - SUITE 3043
MIAML FLORIDA 33133
qua :S, MOW D
1631 South Bayshore Court Nov 1
Miami FL 33133
M
November 14, 1996 +� 2
Mayor Uvier Suarez
Miami City Commission
35M Pan American Drive
Miami. FL 33133
Dear Mayor Suarez:
I an writing you regarding an item of business which will be before the City
Commission on November 25. This concerns the matter of the zoning of a home
established by Charlee of Dade County, Inc. on Bayshore Drive in the Glencoe
subdivision. I am a homeowner in that subdivision.
Charlee of Dade County, Inc. is a reputable organization sponsored by the Junior
League of Greater Miami, the National Council of Jewish Women (Miami Section) and
the Episcopal Diocese of South East Florida, and it has its offices in a Methodist
Church.
r
I want to let you know that I am very disdurbed by efforts of some neighbors who are
trying to keep this home from staying in our neighborhood and who are spreading
incorrect information about the kind of program being operated by the Charles
group.
I have visited the home, met the parents and the children who live there and find
this to be a true home. It is veil kept and run with loving care and concern for
children (teenagers) who cannot live with their own families because there they are
abused. The children are obviously happy in the home established by" the Charles
program. These are certainly not delinquent children as is being suggested by those
who do not wish to have this family in their neighborhood. There is absolutely no
sign of this family creating any disturbance in the area at all nor can I we any way
in which our property values would be affected.
In my opinion, the decision of the Zoning Board should be overturned and away
found for Charlee of Dade County, Inc. to keep the home as established.
Sincerely,
X-�/
t4Gam! 0"
Submitted into the public -
�=
record
record in conneetfon witty",
1
item J�' ' 2 on ��ss t
Matty Hirai
City Clerk
tal I I*"= cm
NM FL 33133
-N-',* W,
22
PM
1rJ Nov WIND%-"
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I
7 of 1 )
'ealth and gehabilitatbat Atruirts
r
led into the public
in connection with
Z:1--on 1 a5
Matty Hirai
city Clerk
41ertificate of '�Uicenoe
Ttttob All Atu bg Shest Ilresmts; that the Department of Health and Rehabilitative Services
being*satisfied that the home of Fadi and Asma Aftimos at 1640 So. Bayshere_Drive in the city of
coconut Grove , County of Dade , State of Florida, has complied with the
minimum standards set by the Department for a Foster Family Group Remo
and the Department approves the application of said Fadi and Asma Af timQa
for a license to operate and directs the issuance of this
certificate, on the 12th day of January , ,19ft EXPIRES ON 11/12/86.
This license shall continue in force for omec month
�naxsc from the above date unless renewed, extended,
withdrawn, or revoked for cause.
Maximum capacity: Six children, either sex.
District Administrator
"*$-CYF ign• OM MW U tMMw MIq-M Pam aa74 ON" wr be Wed WdN wrPMim n. SWUM I) O WU nw owt 57694004023.2:
n
COMPR E iENSIVE CRIME
PREVENTION PROJECT
Area -Wide Bound
000 N.W. 2nd Avenue -Room 200
Miami, Florida 33101
September 21, 1986
The Honorable Rosario Kennedy
3300 Pan American Drive
Miami, Fla. 33133
RE: Request by Fellowship House for a special zoning exception for a
Mental Health Center Community Based Residential Facility (CBRF) in
84-98 S.W. 28th Rd.
Dear Commissioner Kennedy:
On Wednesday, September 17,1986, the Miami Police Crime Prevention
Unit, Area Wide Council voted unanimously to recommend to the Miami
Commission that the special zoning exception by the Fellowship House for
a Mental Health Community Based Residential Facility (CBRF) be denied.
Our decision is based on the fact that Miami currently has a higher number
of these facilities as a percentage of its residents, than any other
municipality in Dade and Monroe Counties. Such facilities will lead to
transient individuals in a residential area and therefore, Increased
criminal activity.
Sincerely yours,
�0
Henry Berger
Chairman, Area Wide Council
cc. Mayor Xavier Suarez
Commisioner Joe Carrollo
Commissioner Miller Dawkins
Commissionner J.L. Plummer
Slihriitted Ito the public
m corinea7;7X0XX//A
'th
item on
MattyZz i
City Clerk
PRO
S 0, � Pc CAI f,
9 Area -Wide Council 21 S E P
4ft N.W. 2nd Avenue -Room ne /98('
mkmk rmd& 33101
The Honorable Rosario Kennedy
3300 Pan American Drive
Miami, Fla. 33133
A
O
ob
2
ob
Ro'b6i n icA I •
AgSociotionf
Of greater m is m i
RABBI CARL KLEIN
VftRABBI ft t M. T November 210 1986
RABBI MENACHEM RAAB
TABBI DAM B. SALTZMAN
Mayor Xavier Suarez
RABBI SOLOMON SCHIFF City of Miami
GnOw! a" 3500 Pan American Drive
wo. Miami, Florida 33133
Enmonaearti Aft=ftw
dQum Ma Dear Mayor Suarez:
_ pried&": I am writing to ask your assistance in helping
RABBI MAYER ABRAMOWITZ to over -turn the Miami zoning Board ruling that
pgg SPAM M,BARD the South Bayshore home is not a foster home.
RABBIIf such a ruling is upheld, it could have a
RA
RABBIJONAHAVROM L.PLAZIN disasterous effect on the program entitled
RABBI MICHAEL S. EISENSTAT " CHARLEE" which is committed to raise these
RABBI EDWIN FARBER children in neighborhoods, rather than in
RABBI SIMCHA ROMAN institutions.
RABBI BRETT S. GOLDSTEIN
RABBI SAMUEL Z. JAFFE
RABBI JACOB H. KAPLAN* The "CHARLEE" program is one of the finest in
RABBI RALPH P. KINGSLEY our community and has the full support by many
qBe EUGENE LABOVITZ prominent organizations, including the National
RRAM SOL LANDAU AM � Council of Jewish Women.
RAM MAX A. LPSCHITZ
RABBI MDRTON MALAVBKY I appreciate your efforts in this matter and hope
�that through your work this fine program Will be
RABBI DAVID SHAPIRO able to continue to its fullest. Many thanks for
RABBI NORMAN N. SHAPIRO your assistance.
RABBI MORRIS SKOP• ,
RABBI RTWAXOFF Sincerely yours, St1bmi#9C1 ��bllc
ac...e
_ Rabbi Solomon Schiff record in 0onIIection 'th
Executive Vice President ite�Z�`oII
SS: bs�
CC: Vice Mayor Miller Dawkins
GymC sioner Joe Carollo C#Y .Cleik
ssioner Rosario Kennedy
Commissioner J.L. Plummer, Jr.
644WAi o AO a�ffcw�as'/iwwbs ro 44
•h
4300 81acalfin Boulevard, Miami, Florida 33137-0100 Tell
A
November 19, 1986
Mrs. Rosario Kennedy
City of Miami Commissioner
City of Miami City Hall
3500 Pan American Drive
Miami, Florida 33133
RE: Zoning Issue - CHARLEE HOMES FOR ABUSED CHILDREN
Dear Mrs. Kennedy:
® We urge you to support CHARLEE so that the five homes in residential areas
® are preserved. Each home meets the vital needs of abused children. Some
persons are concerned that a CHARLEE house will depress the value of their
adjacent property and present security risks. PLEASE consider the facts:
CHARLEE is NOT a half -way house for drug users and juvenile delinquents.
A CHARLEE family IS like any other, except that the parents are foster
pareatis and the kids have special needs - they are abused.
If you cannot preserve the present;, locations, as taxpayers and voters, we
ask that you proactively work to find acceptable alternatives before you
make any decisions that (based on zoning, lack of notice to neighboring
homeowners, etc.) would force CHARLEE out of one or more of its locations.
These kids deserve UNINTERRUPTED help. Miami has too few viable quality
programs for the abused - PLEASE DO NOT KILL CHARLEE's PRESENT OPERATION.
Res ectfully,
d
J. Bruce Ehrenha
Second Year Law Student
University of Miami
cc: Mr. X. Suarez
Mr. M. Dawkins
Mr. J. Carollo
Mr. J.L. Plummer
Alexis Jepeway Ehrenhaft
Junior League of Miami
Submitted into the public
record in connection with
item�Z__ z on �
Natty Hirai
city Cie
lid
RES.JENTIAL CHILD CARE ASSOCINi&ON OF DADE COUNTY
MIAMI, FLORIDA
To: The Honorables: s
Xavier Suarez, Mayor
Miller Dawkins, Vice Mayor
Joe Carollo, Commissioner
Rosario Kennedy, Commissioner
J. L. Plummer, Jr., Commissioner
We, the undersigned representatives of the Residential Child
Care Association of Dade County, hereby request your support
for the CHARLEE Foster Home located at 1640 South Bayshore
Drive.
We, as professionals in the residential care of children,
know this home to be a foster home.
CHARLEE foster homes, established in residential neighbor-
hoods, set the stage for growth by providing the love, disci-
pline, understanding and acceptance each child needs. For
many of these children, it is the first time they have ever
felt they really belonged.
CHARLEE of Dade County, Inc., has been in existence in our
community since October, 1983, and has established itself
as a quality program providing an invaluable service to the
community and the abused, neglected children of these services.
Respectfully submitted,
M. es Gutierrez, Social Worker, Children's Home Society ='
J Bac CSW, Director, Charter Counseling Center
tern, A lescent Program Director, Grant Center Hospital
.H.S� Counselor, Adolescent Unit, Palmetto
General Hospital
)MtFigan.
rSocial Worker, Miami Bridge, Inc.
da W ;6 te, Administrative Assistant, Miami Bridge, Inc.
ie T ylor Team Leader, M; Bridge, Inc.
r ey Sp ar, Assistant Director, Guardian AdLit
Subamitte %Io the public
record in oonneetion th
item�'"'Z
f
r
Lae S g et 0 Wild Services Manager, Eck ^ Youth Develop-
ment Center
Fin an Muldoon, D lector, Child Welfare, Catholic Community
Services
Maria J. Torano, Coordinator of Residential Services, Boystown
Of Flori a
C? . �•c • j• �•
R er ill r,� L.C.S.W., Children's Psychiatric Center
La n z ivision Director, Dade County Department of
out and Family Development
•Agne Jam Shelter Director, Miami Bridge, Inc.
GJe'W e`` _ ocial Worker,
Florida Baptist Children's Home
ariacq ne •sen, A olescent Program Director, Highland
Park Hospital
Rosemary Enright, Legal Intern Education Advocacy Project
2VOM.�Geo n,Di ector of Program Services, Catholic
Comm rvices /�
L�tv►�-ec- h� - �-c
Marjory A. Brus r, Program Director, t amore Ch dren'6
� ..Center,
✓tCh�n s��Society
The Reverend Caroll Mallin, Methodist Family Services
:i A
AnIhA
i
MIAMI LAKES PROPERnES,INC,
6843 Main Street • Miami Lakes, Florida 33014.305/821-1130
Beth G. Martinez
Vice President, Apartment operations
November 13, 1986
Rosario Kennedy, Commissioner
City of Miami Commissioners
City of Miami City Hall
3500 Pan American Drive
Miami, Florida 33133
Dear Commissioner Kennedy:
on November 25th the city commission will be holding a meeting
to discuss the proper zoning requirements for the CHARLEE homes.
I would encourage you to take the time to visit one of these
homes and qualify for yourself that this is a foster care pro- s<
gram providing a much needed service to our community.
In Dade County CHARLEE has been operating without problem for
three years and with your support this program can continue to
grow and flourish providing an opportunity for abused and ne-
glected dependent children to have a family of their own.
Sincerely, t
Beth G. Martinez:
BGMjjlr
Submitted into the publics
record is connection 'th .
itexalf �2 on fi
MQtty HirGti
City Clerk: .
,r
AS"diaryofTheGrahamCompenies a .�
RECEIVED
CITY CW MAIM
NOV pq *86
aommissloNER
RO&ARio KENN.EQ%
Qj
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ras
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cw(ofimm
August 24, 1983
M. Carol Vernon, Director
Charlee of Dade Oounty, Inc.
985 N.W. 1 Street
Miafni, Fla. 33128
Pe: Charlee domes
Dear M. Vernon:
7
ram...,
�V-13 w'LT-. >�'� Cam'f �•�
Enclosed is the exoerpt from the Zoning Ttxt that Judy Miller
referred to over the phone on August 23, 1983. Tre Charlee
foster homes fall under our category of "Family: a group of
not more than eight children,, in addition to foster parents,
residing in a home caring for foster children, etc." As
suds, the City of bland does not require a public hearing.
Please call Judy Miller at 350-7982 if you have any further
question.
NW:JM: ga
Enclosure'
cc: Judy Miller
Services file
Reading file
Zoning Section
RECEIVED
AU6 2 9 =
Ate ............
Very sty yours
j��i�le
Richard K.
Chief Zwdrgg Pector
Submitted into the public
record in connection with
itemP'�4�on
atty Hirai
City Clerk
FIRE, RESCUE 3 IWSKCTIO% SFRVIC6 DIPAR1Mf`I
BUILDING ANO ZONING DIVISION / 275 N W. 2nd Street / P.O Rot 33 M, / Miami. 1133133 / (30S) 3W7957
Chief H.W. 1311(r. Director / D.H. 1rFms, prpuly Chief
f
CHARLEE
'hildren Have M Rights:
x-0. Educational. Fmoti"I
fhe CRAW" ]NOW11110
'tomlani, EftFoundation Foundation FW* Care ftpgrar
-aledCHAE—an'"Nhtdrent
,,..,K."w— sponsors
a�tf cross,
Ind neglected. dependent dwdrm, The CWALEE
etwork is madeupol affiliated nonpIONCOTPOFalk"
n b roughout the country that establish fSffWV C819
-omen m their own comillunOM
"he MennffxjerFouWMmisa*adermemareasof
osychiatric treatment. education. research and Pre -
cation. For almost two decades. Menninger stall
-nembeshavi.q)eencrea"aUOMO"care systems
or cfvIdren who have become, SOCiStfs WIC11"
CHARLEE is an outgrowth of Ome 61101ts.
A 141grant miscarriage of justive
'there exists inour country today aprOblefFithat has
_N" called the most itagrard iniscardive of Owim
4nownatwfsms".ttkNomumore than one micron
juiinin a yew Ww atewarehousedinkublubmOr
n wcefully inadequate juvenile WOOL
' O" any given day. wen over athousand c!" are
•sentwx*dlomkwmsdwob.daMOMcm"Mk)c8I
&ads. mental WatilutiOnSWany nualtwololher
-i promise to bowit them from 1119 -Oecefw lum
the community. More, than half of I a a a ellildren are
."even accuseddactirw.often tleironly Vine
-S that they have 00 One to C" 110F th0ft
Most of these children 818 drawn M the dvV care
5 yslern because OW have been beslen or sexually
Ausedorabandoned-1 so -0 loose withowtorls-
ical or emotional resources. in a World Met doesn't
Want them. The 1W ones._ the ones We we not
ainaandiatciy institutchaftAPuslay we botinced
upend in a lode: care System Out salfla, 1 Works.
in the field esWnaN !that d the more than
we mot h;a7WaVm in flefghtior.
j;;;6;o* con.
pworamisaconcerted efort toded
cart a nationwide biref.
Dade County Family Care Model
in IM CHARLEE at DX1P County was founded by
a coalition at orgoftafts which Included the Epis-
capWDiocese offtu1heWFlorida, VWJurWLeague
GIMWWwWftNa%NWCowdofJevfthViomoo
(Cw*aW polong-term tar*-c0LmM a**MW to
d@WXWV
child". " recognized as a critical nod in Daft
County.
The CHARLEE model is not baud an clinical treat-
ment or an irlsNutiong correction, W rather on
reslo,"pa"emoleveydayinteraction 00 any nor-
mal. heWly 10* eft The 0**q" Of
CKAAEE is based an posilMm Appropriate
WWAW is rewarded and each child is taught 00
in yjanceolparticoWmandbeftparlola family
group.
Each tome has six childrentanging in age up to ekjh-
leenyears. The homesare established in residential
neqtwhoods.Thodd*enattendthekKWschools.
are encouraged lopmocipatein school aefivitiosand
make friends with the neighborhood kids. For many
olthese dwldrcn.d L;ftrant time they have ever fell
they really belonged.
Centialto the modelatethecareltilly chosen. proles-
sionally trained farnity-carepareniswho are supported
byastallfhal includesadirector. a school coordinator.
asocial worker. a psychbiogist and others as needed.
The family care parents set the stage for growth by.
provdng the love, the discipline. the understanding
and the acceptance thateach child needs. MerminCjer
Ftft.-, —,#.0ovidesongoing professional trainkV for
family cam parents and support staff.
CHARLEE has threo family -care homes currently in
operation will a goal at live by 1986. As a result of
the Daft Counfy pilot p*-.1. CHARLEE is now being
in other oxnmunities throughout the
;=Zzz.
Funding
CHARLEE opened its Est horm in Daft County in
1983. It" costs. incil" substantial down Pat
marts an the hxrw& fouishinp and purchase of a
family car. we provided thro"It donations by MIC
organ izations. fouixWols. corporations and other
interested citizens. The cog Of maintaining the
program is boma by the State ftt4* a per them
stipend W each child pwbcpaWg in the Program.
The CHA#Xffb*M i#bAWOnPM'*VPAtW" Orrvv"
awraro" OW any OWW"ME resent:ahoy Ww"
CHARLEE Needs You!
Ch1kkwOOhave afi rights and I want to help.
[] Filease bill me for S
0 Enclosed is my TAX DEDUCTIBLE centribulic-
for
Nama4rxyor Organization
Address
City State Zip.
Phone
Checks pgyaWto: CHARLEE of Dade County. Inc
For further information write or can:
The CHARLEE Program
WS N.W. Ist Street
fife w. Florida 33128.
Telephone: (WS) 32 M77
U
' 1 PST IT It>�t
The uhdersigned families support the *CHAXGBRO foster
home program for abused children and encourage the City
Commission of the City of Miami to allow the •CHARLBg• home to
remain at 1640 South Bayshore Drive.
-? { W, 0<
1. Signature: 13. Signature:
Print names im Ryggeav Print names pPJ ea--4 &J
Address: 47,A5-S. Address: v�
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PETITION
The undersigned families support the •CHARLERI foster
home program for abused children and encourage the City
Commission of the City of Miami to allow the 'CHAR1,E8' hose to
remain at 1640 South eayshore Drive.
1. Signatures
Print Address:name:
x2.
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Xs.
Signature:
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9 Signatures
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10. Signatures
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Address:
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Signature:
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Address: +� . + ! x /d Lac!
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24. Signature:
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0
�3
Ss�-a8S3
AY-, (Vul,11a)
Ra..sam Etirre�g►/a►des
24 November 1986
The Honorable Javier Suarez
Mayor, City of Miami
City Hall
3500 Pan American Drive
Miami, Florida 33133
Si r:
This letter is written on behalf of the CHARLEE HOUSE FOSTER HOME,
located on South Say Shore Drive in Coconut Grove.
In my position as Director of Summer Activities at Ransom Everglades,
I offer nW support for the philosophy and activities espoused by those
involved in the operations of the CHARLEE HOUSE program.
For the past several summers, children from CHARLEE HOUSE have been
recipients of scholarships to our Summer Day Camp. I can attest to ,
the immense benefits derived from -this association --benefits not only
to the children involved, in terms of their growth and hope in
themselves as individuals in need, but benefits also to those staff
members, camp counselors, and other camp participants who interact
directly with those children.
The presence of children from CHARLEE HOUSE in our summer program
is regarded as.a contribution to our school community. It is evident
that the granting of scholarships to children from CHARLEE HOUSE is
in itself a token of confidence in the excellent work performed there.
We at Ransom Everglades consider it an exceptional opportunity to
cooperate -in this small way with the fine humanistic efforts carried
out at'CHARLEE HOUSE, and would continue to do so in the future.
Please accept the above statements of support for the CHARLEE HOUSE.
=' Sincerely, Submitted into the public
record in 4onaection 'th
Sergio are item "Z 0A
Director of Summer Activities t
z attY ftai _
cc: Dr. Charles Hogan, Headmaster City Clerk
Mr. James Charlton, Director of Simmer Day Camp y
Dr. Doris Capri, Executive Director, CHARLEE HOUSE ='
C t,x
YSHM
_ UPPER CAMPUS • 3S7S MAIN HIGHWAY / MIDDLE CAMPUS 0 2"Sr S..4A
} ; COCONUT GROVE • MNMI • FLORWA 33133 13NI #4h707
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CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
PZw2
..I
TO The Honorable Mayor and Members
of the City Commission
FROM Cesar H. Odio
City Manager
CAT& November 14, 1986 OnLe:
suucCT: RESOLUTION - APPEAL BY APPELLANT
OF ZONING BOARD'S AFFIRMATION OF
ZONING ADMINISTRATOR'S DECISION
ncrcucNCc:. 1640 SOUTH BAYSHORE DRIVE
cNCj.OiuRc{: COMMISSION AGENDA - NOVEMBER 26, 1
PLANNING AND ZONING ITEMS
It is requested by CHARLEE of Dade County, Inc. that a
review be made of the Zoning Board's decision to
affirm the Zoning Administrator's decision that the
CHARLEE program facility located at 1640 South
Bayshore Drive is a Community Based Residential
Facility (CBRF).
The Zoni nj rd, at its meeting of October 6. 19861, Item 3, following an
advertised ng; adopted Resolution ZB 106-86 by a 6 to 2 vote. affirming
the Zoning Administrator's decision that the CHARLEE Program FacilityTocateed
a uth Bagshorerive is a community Based Residential Facility (CBRF)
as per the City or FnamiZoning Ordinance 9600, as aomded. Subsection 2034.1.
Thirty-three opponents present at the sleeting; forty-eight proponents present
at the sleeting.
Backup information is included for your review.
A RESOLUTION to provide for the above has been prepared by the City Attorney's
Office and submitted for consideration by the City Commission.
AEPL:111
cc: Law Department
YY.
APPEAL OF ZONING INTERPRETATION
Dated: August 6, 1986.
APPELLANT/APPLICANT CHARLEE of Dade County, Inc.
c/o Nan Rich, President
985 NW 1st Street
Miami, FL 33128 Phone # 326-0677
REQUEST Appeal by an aggrieved party of the Zoning
Administrator's decision, by letter dated
July 28, 1986, addressed to Mr. Philip
Ward, CHARLEE of Dade County, Inc. that
the CHARLEE Program facility located at
1640 South Bayshore Drive is a Community
Based Residential Facility (CBRF) as per
the City of Miami Zoning Ordinance 9500,
as amended, Subsection 2034.1.
HISTORY OF RECOMMENDATIONS AND ACTIONS
BUILDING AND ZONING
Letter from Richard K. Weisberg, Chief
Zoning Inspector, to Ms. Carol Vernon,
Director of CHARLEE of Dade County, Inc.,
indicating the programs falls into a family
category, based on information furnished
to him at that time.
After the Zoning Division was made aware
of CHARLEE Program home being established
at 1640 S. Bayshore Drive, the type of
operation was researched.
Based on literature describing the
program, meetings with HRS and a•letter
from Luisa P. Mauer, Program Manager, with
HRS Classifying it as a Therapeutic Foster
Home, it was determined that the programs
actually fell into a CBRF and as such
required a Special Exception. A letter
was sent to Ms. Doris Capri, Director of
CHARLEE Program informing her of this
fact. A notice of violation was issued..
May 239 1986
J une 16, 1986
J my 280 1986
August 6, 1986
September 4, 1986
ZONING BOARD
APPEAL
After many meetings and telephone
conversations without resolution of the
violation, a final notice was sent.
Case was referred to the Code Enforcement
Board for hearing (No 86-00359) and
scheduled for August 10, 1996.
Letter sent by Zoning Administrator
after request by Mr. Philp J. -Ward,
requesting a formal interpretation,
indicating agreement with action to date
setting the Program in a CBRF category.
Appeal of Zoning Administrator;
determination was filed. This held up any
action by the Code Enforcement Board.
Letter from Nan Rich to Edith Fuentes,
Director of Building and Zoning, .
forwarding opinion from Leonard T.
Helfand, District Legal Counsel for HRS.
This did not change the opinion of the
Zoning Admi ni strator.
At its meeting of October 6, 1986, the
i
Zoning Board adopted Resolution ZB 106-86
by a 6 to 2 vote, affirming the decision
=4
of the Zoning Administrator.
Letter requesting appeal of Zoning•Board's
decision from Sara B. Herald, attorney for
'-
applicant; dated October 14, 1986.k
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LIMOA ANN WILLS
JYL/S A. S. WILLIAYSON
October 14, 1986
Mr. Aurelio E. Perez-Lugones
Director
Planning and Zoning Hoards Administration
275 S.W. 2nd Street, Room 266
Miami, Florida 33128
MIANII, rLOOIOA aaVO
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Or COYMSRL
ORMt tseNRO
Re: Request for review of City of Miami Zoning
Hoard decision (the "Decision"), made
October 6, 1986.
Dear Mr. Perez-Lugones
This letter is to request a review by the, Miami City
Commission' of the Decision, which upheld the Zoning
Administrator's interpretation that the house located at 1640
South Bayshore Drive is a Community Based Residential Facility
rather than a foster home. Please advise us as to the date and
time which we. are scheduled for hearing before the City
Commission.
Enclosed is a check for $300.00 in payment of the fee
required for the review.
very tr ours,
K� •
RA B. HERALD
cc: Nan Rich
SBH:TBF/tf
Enclosure :.
#99993.0078
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_— .=3�'ck's+%`. k, nti::�2���1n.^..it.k.x..,-, :a ^r.-�._.:�T%''0'itrrdr_:•>+jAY'�i'.r�"a�' �`... •T: �' --
The
CHARLEE
Program
Children Have All Rights:
Legal, Educational, Emotional
August 6, 1986
CI'ry OF MIAM:
PLANKIh a 1 ►414 . it � 1�.
ADMNIr ; r.! t;
086 AUG -6 P12 :00
Mr. Aurelio E. Perez-Lugones, Director
Planning and Zoning Boards Administration
275 N. W. 2nd Street
Miami, FL 33128
Dear Mr. Perez-Lugones,
This letter is to request a hearing before the
City of Miami Zoning Board to appeal the interpretation
of W. Joseph Ge uardi, as per the attached letter, re-
garding the zoning status of • the C HAFUM H=e located
at 1640 South Bayshore Derive.
We await your notification as to the date and
process for our presentation.
Sincerely,
CHAMM of Dade County, Inc.
Nan Rich
President
Board of Directors
NPlec
Attadmmts
C hedc No. 0370 enclosed
VV�Y ! f►y{i.
No. ■— -
CHARLEE of Dade County, Inc.
98S N.W. First St. Miam' Florida 33128 9 303/396.0677 f {
A Member of the Menninser-Fnm0aunn Fatnilt Coe 'Sen►relc-
5%d.t.�',.Y'�16u'�"l7..7-„�-x.",tax.+�raii.+tF
•
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iaxn L
AD. . ,.
.86 AUG
July 26, 1986
,
- CESAR N. ODIO
City manner
Mr. Philip Ward
Charlee of Dade
County. -Inc.
985 N.W. First
Street
_ Miami, F1 33128
Re: Charlee Program
facility at
1640 S. Bayshore Drive
Miami, • F1 .,
Dear Mr. Ward:
I am in receipt of your letter in reference to the Charlee Program
facility at 1640 S. Bayshore Drive which we have cited for operating
in violation of the City of Miami Zoning Ordinance.
The department and my opinion since August of, 1985 has been that
this type of operation is not a foster family but a Community Based
Residential Facility. See copy of letter from Judy Miller dated
August 26, 1985.
The letter you refer to from the Zoning Administrator stating that
the Charlee foster homes fall under our category of family, was in
fact a letter to Ms. Carol Vernon dated Augu3t.24, 1983 from the then
Chief Zoning Inspector. His opinion was based on the facts given to
him by Ms. Vernon. However, in 1985 when you proceeded to establish a
Charlee home at. 1640 S. Bayshore Drive an investigation of the
actual operation of the Charlee homes was -conducted and we reached
the conclusion, that in fact the facility falls under a Community
-Based Residential Facility category.
It does not •fit into the definition of a foster family home as
defined by HRS; - - a residential placement for dependent children
with families who provide care in their own home - - - - ;
The Charlee Program was categorized by Ms. Luisa P. Maurer of HRS as
therapeutic foster homes, in the letter dated October 7,• 1985. This
Is defined as homes which provide Community Based Residential mental
health services in a family setting for one to two emotionally
disturbed. children or adolescents with extensive supportive mental
health services and training provided to the foster home parents and
the natural parents.
The Charlee Program does not take an existing family household and
place children in the care of parents in their own home, who have
indicated a willingness and ability to care for foster children. The
Charlee Program hires a couple, pays them a salary and places them in
a home owned by the funding agency. This is a.created dependent
children facility for children requiring special care or treatment.
It falls under the definition in the Zoning Ordinance, Sec. 2034.1
Cosmunity Based Residential Facilities defined, w4�go includes a oft1g.
other facilities one for dependent children.. "••'""'•t • ...�, :,,•{
s SUILRING AND ZONING DEPARTMEN
,. 275 N.W. 2nd Sut"/►,O•/S►r i3p7Q0iM,#nu. fL 132
Mr. Philip Ward
Charlee of Dade
July 249 1986
Page 2
County, Inc.
Therefor it is my determination that Charlee Program facilities is a
Community Based Residential Facility which is permissible in the
zoning district (RS-2/2) for property at 1640 S. Bayshore Drive only
by Special Exception. This requires City of Miami Zoning Board
approval through a public hearing. The Charlee Program administrative
staff• was notified of this. in letter of August 26, 1985 and in
person or by telephone since that date by Mr. Juan Gonzalez, Chief
Zoning Inspector.
On May 23, 1986 a final notice was sent indicating that you were
operating in violation of the City of Miami Zoning Ordinance. Since
you did not discontinue operating or apply for a.Special Exception we
have proceeded to prepare a case to be presented to the Code
Enforcement Board. This decision may be appealed to the Zoning Board
by any aggrieved person in accordance with Article 30 of the City of
Miani Zoning Ordinance.
fiery tr y rs,.
s Genuardi P.E. ,
s ant Director 6
Zoning Administrator
JAG/lc
cc: Walter Pierce
Ray Anderson Sal. 47oo ��.
Aurelio Perez-Lugones-
G. Miriam Maer ,c- �!wy
Sergio Rodriguez
Juan Gonzalez r.wy
Jose Villalobos f401 Ponce De Leon Blvd (suite 200)
Coral Gables, F1 33134
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CITY OF MIA1M
INTEROFFICE MEMORANDUM
7,16 AUG -8 P2 *5
To. Joseph 6enuardi I
DAM August 6, 1986
.Lc:
Zoning AdA4ing
r, !
SUNJECT:
Appeal of Zoning
Interpretation
R"OM` Directores'
Planning ards
Administration Department
cwcLosu"c.: Notice of Appeal
from Charles of
Dade County, Inc.
dated 8/6/86
Attached is a copy of the appeal received of the above mentioned
Zoning Interpretation. Please submit all materials which
constitute the record upon which the decision was taken. Also
please include the names and nailing addresses of all parties
who have expressed interest or opposition in this matter.
The Zoning Board has scheduled the sleeting to set the date
for Public Hearing for this appeal on September S. 1986.
6DF/pas
im
lk-
4
The
CHARLEE
Program
Children Have All Rights:
Legal, Educational, Emotional
August 6r 1986
ITtt OFF MIItM:
I���t1�a/11: •7 hw4� .r�� �.
AUG -6 P12 *0
W. Aurelio E. Persz-Uxjcnes, Director
Planning and Zoning Hoards tion
275 N. W. 2nd Street
Miami, FL 33128
Dear W. Perez-Lugonesr
his letter is to request a hearing before the
City of Miami Zoning Hoard to appeal the interpretation
of Mr. Jbseph Ganuardi, as per the attached letter, re.
gardir~g the zoning status of the CHRRM Home located
at 1640 South Sayshore Drive.
Wla await your notification as to the date and
process for our pr+eseritation.
Sincerely,
C1E 0; /DR& Ootattyr hoc.
Nan Ruch
Pr+esift t
Hoard of DirecWrs
NF1W
Attac�arents
Cl�edc No. 0370 enclosed
IPWLE9 of Do* Co
t�
::sue
oji • �
F,ar^ x
Zv.
i
•ITY OF M16M•
n y W
. Mid Zo
IN
46. 'n
-86 M!G —8 P2 :05
July 2s, t g86 "86 AUG t: CESAR H. 0010
M City Manger
Mr. Philip Ward
Charles of Dade County, Inc.
985 N.W. First Street
Miami, F1 33128
Re: Charles Program
facility at _
1640 S. Bayshore Drive
Miami, Fl%
Dear Mr. Ward:
I am in receipt of your letter in reference to the Charlee Program
facility at 1640 S. Bayshore Drive which we have cited for operating
in violation of the City of Miami Zoning Ordinance.
The department and my opinion since August of, 1985 has been that
this type of operation is not a foster family but a Community Based
Residential Facility. See copy of letter from Judy Miller dated
August 26, 1985•
The letter you refer to from the Zoning Administrator stating that
the Charles foster homes fail under our category of family, was in
fact a letter to Ms. Carol Vernon dated Augu3t.24t 1983 from the then
Chief Zoning Inspector. -His opinion was based on the facts given to
him by Ms. Vernon. However, in 1985 when you proceeded to establish a
Charles home at* 1640 S. Bayshore Drive an investigation of the
actual -operation of the Charlee homes was conducted and we reached
the conclusion, that in fact the facility falls under a Community
-Based Residential Facility category.
It does not fit into the definition of a foster family home as
defined by HRS; - - a residential placement for dependent children
r
with families who provide care in their own home - - - - ; r
The Charlee Program was categorized by Ms.•Luisa P. Maurer of HRS as
therapeutic foster homes, in the letter dated October 7, 1985. This
Is defined as homes which provide Community Based Residential mental
health services in a family setting for one to, two emotionally
disturbed children or adolescents with extensive supportive mental
health services and training provided to the foster home parents and
the natural parents.
The Charlee Program does not take an existing family
household said
place children in the care of parents in their own home, 'who hai ve-
Indicated a willingness and ability to care for foster
children. The
Charlee Program hires a couple, pays them a salary and
places them in
a home owned by the funding agency. This. is a created dependent
children facility for children requiring special care
or treatment-. {.
It falls under the definition in the Zoning Ordinance, Sec. 2,0314'.�_
Community Based Residential Facilities defined, which
includes 4109, .
Other facilities one for dependent children.
f
'r
BUILDING AND ZONING DEPARTMENT
r *
�z
27S N N :nd S11WIF 0 0011 33070VM41114 Ft--
;,
.. 0
Mr. Philip Ward
Charlee of Dade County, Inc.
July 240 1986
Page 2
Therefor it is my determination that Charlee Program facilities is a
Community Based Residential Facility which is permissible in the
zoning district (RS-2/2) for property at 1640 S. Bayshore Drive only
by Special Exception. This requires City of Miami Zoning Board
approval through a public hearing. The Charlee Program administrative
staff was notified of this in letter of August 269 1985 and in
person or by telephone since that date by Mr. Juan Gonzalez, Chief
Zoning Inspector.
On May 23, 1986 a final notice was sent indicating that you were
operating in violation of the City of Miami Zoning Ordinance. Since
you did not discontinue operating or apply for a Special Exception we
have proceeded to prepare a case to be presented to the Code
Enforcement Board. This decision may be appealed to the Zoning Board
by any aggrieved person in accordance with Article 30 of the City of
Miani Zoning Ordinance.
.Very t
Zoni
JAG/lc
yg
rs,
rdi P. E. ,
nt Director &
Administrator
cc: Walter Pierce
Ray Anderson S7l.670o Ak
Aurelio Perez-Lugones-
G. Miriam Maer ��•_
Sergio Rodriguez • -
Juan Gonzalez'y� •My
Jose Villalobos T401 Ponce De Leon Blvd (suite 200)
Coral Gables, F1 33134
a
,x
i
0
The
-CHARLEE
Program
Children Have All Rights:
Legal, Educational, Emotional
July 14, 1986
Mr. Joseph Genuardi
Zoning Administrator
City of Miami
27S NW 2nd Street
Miami, n 33128
• ��.• ,r. ... _...w.,,,,..r. ter. .,
TY
pl.pyNING a. ZC!!
-86 AUG-8 P2 :06
Re: Violation Notice on 1640 S. Bayshore Drive
Dear Mr. Genuardi:
This letter is provided as a follow-up to our telephone
conversation. At that time, I indicated to you that based
upon our prior meeting and the documentation provided to
You, I believe we were conforming to all of the zoning
requirements. In fact, it was my understanding that if
there was still a question after the doeumenation was
provided, that a formal interpretation would be provided
to us so that we might have the option of filing an appeal
of an administrative decision. Just recently I was
advised that in fact a violation was issued and it has
been forwarded to be placed on the Code Enforcement Board
agenda.
An an effort to recap the .documentation provided to you
previously, the following information is presented. As
you know, prior to purchasing a Charlee have, the City of
Miami was contacted. The zoning administrator at the time
provided to us in writing that in fact we were foster care
a:
and did most the zoning code requirement. Naturally, when
the house was opened, a zoning inspection as well as the
other required inspections were made and the approvals
obtained. The zoning approval is necessary before MRS
will issue our license. After meeting with you,
p
additional documentation was provided. This additional
documentation included a letter from the State
f
specifically identifying this as Vitt of the f"ter . care
Qr I
i
ogram. n addition, a copy of our license MMU941tang,
.
that we are limited to six foster ahlldreh -was. AISO.
sf
Provided. A letter from senator Roberta- Irox
CHARLEI" of Dade County. �t�c,
z.
Mr. Joseph Genuardi
July 11, 1986
Page 1tro
Chairperson for the Senate HRS Committee also attested to
the fact that Charles is foster care.
In view of this documentation, we believe that in fact we
had satisfied any question in your mind and that iri fact
our operation conformed to all zoning requirements.
After recently receiving a Notice of Violation, I then
again contacted you which has resulted in this
correspondence. As.you indicated to me on the phone
any enforcement action would be tolled pending your review
of this....
if you would kindly review this correspondence and this
prior information which was provided to you and advise us
.of your decision, then we would best know how'to proceed
on this matter. we would still like to have the
opportunity to meet with you and discuss this further if
there is still any question on this. In view of all the
circumstances, I do not believe this is an enforcement
matter at all.
If you -need any additional information or clarification on
Charles of Dade or the operation, please do not hesitate
to call. Your attention in this matter is most
appreciated.
Sincerely yours,
Pi4- g. Wati
Philip J. ward
PJW/mf
cc: Juan Gonzalez
Judy !Miller
Raymond Anderson
�f
rr5+� 2rtNj,L� .� s
. . . . . . . . . . . . . .
x:.
_. 3 *!
i -�
C�W @9 fiiAlfluo
Ms. Doris Capri
Director
Charles Program
985 N.W. 1 Street
Miami, Fla. 33128
August 26. 1983
*.Cos&
TY OF Kim!
RAM4 J
'86 AUG -8 P2 *6
Re: 1640 S. Bayshore Dr.
SERGIO PEREtRA •
Gay M,nejrrr..
Dear Ms. Capri: y
4's
As per our telephone conversation on August 23# 1985, you will
need to apply to have a Community Based Residential Facility at
r
1640 S. Bayshore Dr. Enclosed is the application form and the
zoning regulations. Complete the first page of the form and
return it to the Zoning Department along with 2 copies of the }
survey, a site plan and interior floor plans.
x
After the initial zoning approval, you will need to apply, for
a Special Exception permit through the public hearing process.
Please call me if you have any questions at 350-7982. :F
,Y
• Very truly yours,
Judy M22r
Zoning Insp ctorAt
=,
JM:ga
Enclosure
r
cc: Zoning Division File>
Reading File
Inspection Services File ,
�t
N
FIRE, t
RESCUE 6 INSPECTION SERVICE, QEPARIMENT
TECHNICAL SERYICt$ / p$ N.1Ai.1nd Street / P O.Bo4 31Q7A8 / 161siirtu,
Chiy�K Egn.aagh.f�ca►! r�r�+�►:� +_
`N ` ��''! �.k1Y.�}..... •..i�l�^Y4:Ol [dvM�!W'f. .crSii��3'."nL7�.iitilPwf _ ..4
_
sn.
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7N
{F
f�
~ O � v � ��U►V1
August 24, 1983
Va. Cautol Vert=, Director
melee of Daem CountY. Inc.
985 N.W. 1 Street
Mimi, Fla. 33128
Pe: c-a:lee Hoary
CITY OF MIaK'"'
PLANK K a
AM -8 P2 06
Dear pb. %%Vm:
• Enclosed is the e=8Mt iron the. Zo dM Twct that JudY Miller
t 23, 1983. 7'he Q�a,rlee
,regerred to over the ptaM OnAu�rss og "Finaily: a 9��g
foster haws fall ur&-r our category
rat core VIM eight children; in ad itim to foster Pub
..,wiam in a hams caring for foster chi ' ? etc**
r9
' such, the City
Of Miaali does not e a
Plead call Judy Miller at 350-7982 if you have any further
question.
Very truly Y:O
7uzs,
Richard K. weir rg
Chief 7mirq pector
• >�1:JM:y'a
Judy Miller
5 vdpection Services file
..
Aead3s►9 file
Zatitnq Section
RECEIVED •
... AUG 2 9
a
! ri 111tE. ItIscut i INS►t4110�'KR#ICIS Q ��RTHt'+�
AND 1ohlrG p1%j$1004 / 1IS M W. Ind logo I RQ. 1.)W94 I W
4 F{.uO�MG I. K Anro nN« en.: �i 1♦ iA�R MI►,�+�
x lk` L {.ti try 1 yL� .. 3 i •S # � t ! t�f _�:
1M
0
GENERAL PROVISIONS
A
"
lOk-1-01. Purpose 10M-1.02
Definitions. 1OM-1.03
Public Forms i
IOM-1.01 Purpose. Florida Statute
20.19 provides for the
formation of
the Children, Youth and Families
Program Office. The responsibilities
of this program office encompass
protective supervision,
adoption, dhild�
care, foster care programs, divorce
custody studies, specialized
servicet=:
to families, all programs operated
by the Department relating
to delin-
Auent children, related mental health
services for children
and youths
in coordination with the Mental
Health Program Office, and
intake for
delinquency and dependency juvenile•piograms.
The purpose
of these
rules is to establish the extent,
terms and conditions under
which the
Department shall operate or 'regulate
these programs.
•
$*War At"he rr ZIP FS. lot; Imploft re 20 I ►!'i. t,rkoaft. —. r~• & 19d3.
•
.. 10161-1.02 Dersaidnaa. For the purpose of the i
(12) Child Dsv Care Standards — these rules
rWa in Chaper 10M. the following tams shall
required by the.Departmni for thiIssuarta of a
liars the nutting indicated in this swim Vo
licemt to operate a Child Day Can Centel
attempt Is shade to define ordinary words which
(10M-12)
an use! its as ondarm with their erniblished '
(14) Child Plating Agency — as it relater to
ditaioasry "UNW1 mum when acesury to
Lies aft Standudt (10M•9), an organiation
avoid mi+wlaaOWIng•
maintained cr • bpwand to r stint ehildrea for
(1) Absossidar -- a youth.rho wilifullr avoids-
Pbanwa in tuaft borne or aswrne
wpsrvitiaa and wheat whassbouu eaitnot bel
rapaalbib'ty for placing or armng* the
placement of children in foster homes. free or paid,
(2) Aduh — as It relates to Specialized Famill
or in 1 up a for Ve purpose err adoption.
,
'
Ssrvlan. an i>d',vidual .+ha is 1ti yeas of age or
(15) Collateral coauas — those asrttai:ts
-.
• •
old«,
made with regard in a child's supertishon and an
(3) Aged Person — an individual who is 6S
with pawn other than the child and his parsnu.
fl
•yarn or age of eider.
p d1 Commitlneat —the legal atpgnnnerN of a
dell utnt court order to the
aq by
a"
(<) Agtaty0peetodGreupTrtsunentHotne
i on,
5
— As taeilitr leased and gaffed by the Department
aaody and control of the Department until the
S2
a whWs a ataswlnpn of sett dcpethdast
youth is discharged by the De -smart or until the
1'a+ rg pa.
adolssants. age 12 through 17 of the same sari,
ruches the age of 19, but the time shall not
restive 24 how nsidential cam
exeted the maximum term which an adult may
for he
ner
(b) AgeOpera-- Operated Shcher a facility
rem same
toffer c.
(17) Commitmm Package Package
pD =„
kased ttd sulhd by the Department in which a
— the of
■ns mssa, of 15 adoiaatnta receive e:rht>Y
information necessary for a youth's adrtiuion to a
"0
shdta Cars.commitment
program (10M•16 and 10M•19).
•Y j
(6) ArMtratios -- a voluntary pt+oeess in
pfi) Community -Band Re"cadal
:• ,'
i high a *corral, impartialis im►iied
Pam
Ddlegvency Commitment Prog-ams
ppaanntyw 10 a negotiation t0 assist them In
non•traini school, residential eommiunent
nK
• MMifying and dwifying issues of cocittro to
P ssublished by the Deparsmatt,
tMm arsd M design and agree upon solutions for
p9) Comawnhr•saud Von -residential
:.
then is4«s, particularly in the area of deJinquaa
Dch"uahay COmmivnent Programs — TRY
j
Omen, aters. fontht Associated !►laritht lnetiwtes, and
rn waaaatea 1►s.ri,e lmt;tuta ltia _ .
lnteazirt Counseling and other non•ressdenual
eostt;attal ptapM eanprised of residential and
Programs maMlshed by Ilse
'
•
nom•ntslderWial inetituta whieb provide a range or
1xPt•
(20) Contraband item
a 5
edusatioad AW awaseling arvicas so eomautied
— any peaessed b. a •
i
aon�tatmntiasd
child or found within the facility which is dahnd
`
(8) Calebnaens Ate a county or Imp or
metal by law or which is atpretslr prehimsed by
Vr
• euntks served by a partiailar dstsatioa ratility or
those aur. eh %Ath the to
IK � potsditiiiey for
"Rift sodol.
admission and operation of the facility,
•
. M Cue Plan — as it nbta to Prouaivt
(21) ContrMod Umlo sey Sheher Facility
_
,
Supwision. a written document which includes
-- a aflther apvated OR a tetsuaauai basis with
,•
the for " supwision. the specific
24 law a�•ake staff at 24 hour oantimsays
by
-•; --
s'
aaiota w be takers P the ss and the
supirrision staff who are prelcnt and On-Call,
net awaked
ii �•--•::
•
Dsparttssentt M eoeretis or eliminate the identified !
Pmbkmk dt bast period in which the usks an to .
-
t2:) Caporal Punishment — imposing a
�.Js =.t..--
••J� "-
•
be aaeorlsplished. and shie upwiea to be provided to:
Panalty by wilting. hinin& kicking. spanning or
is
".••
�
Ilse pasts and •child during the period of
car otlw way nosing s pbysietsl smoauasa
s-• � 9s m
x
"Panisiao.
whkb inflicts pain to an indiridual'4 body.
t
(10) Child -. as it ,cilia to Speeialiasd
(23) Crisis Counseling — and
*i+
Faatily &"*a. as individual who is 17 years of •
other sera" designed to proven tits removal of a
'
ago !
eh110 or adoktctas from "ichild's home during a
p 1) C" Caring Agency — as it relates to'
aisis s nod".
. ��10--
t :;
. tlktl S aMartrs (10M-9), a fadity in which
(24) DayTnauaeat Pnogrsms •. programs
w `
iepeMsst dildrw errs Mniving full•tinse care
which provide a combinaum of therapeutic and
»..�!
!y scant tbev wa portals, refstives `a
elucatienal ser*u to a otAnallr disawbO
rf*wn"r:' •4 ;`' : s" _-=
•
rss.
ehildres or adoltacents who fa* cat thast owl'--
- a
—"••`•.-'
/
! 1 1 Rhhil p#y Care P►orntn .,• the lirtnwri
r
homnt « is ►esi as" tta.M410 Pe ►sash
..'i
1��4+n►refttainiatl0'►sa4and toAt•l=la,na
=y D•a•npsNe-
( ) !��
`r t
�
�!!lthA !f lh►bf�0iited tbild t#�4 #ertYelel INN
'�as..:f:'.-,lt..., >l: Wit._ .... ...' • ...- ... .'- -...
Kf�ite! prYiiOe bt i lntnt�i
-.R.f!_S•'1RLiYll.:''.>NludlY�Lf,-
C
•
r •�
AW •
10M•1AS SpPim 1983 sufni wwr 1110
ps -04' t evaluations. Viswt and hearing
dependent children deemed bl•tht Dcparunem to
• wasirit, er social hina►ies in order to assets the
be in scrod of each ser%ictL
most appropriate rnental health service plans fe►a' (37) Poner Family Group Hoare — a private
'
dsildrak ad9huema or their istnilks suspected ogre
home provided by fan+ilies -he have
h internal health problems.
dtomstraied the interest and qualifications to
(26) Dimes DiseJ+arpt — the ralesse from a
art for revs dependent adolescent children
ovionitn e n program of a Meath who ruche age
bttwm the ages of 12 and 17.
19 While in the Commianem Progres% a youth
(31)' Foster Family Horn — a residential
' wMit"verved tht maximum time in owunitment
placement for dependent children with families
now atle■►ed by law. or a Mouth wlte has beet+
who provide are in their own home for no inert
astteanoed so the adult "am
than five children between birth and 16 Years of
(27) Diubied Aduh — in addiden to the
age_ -
starow l de:taWon of a disabled pant. an adult
(39) Furlough — the release of a Youth,
tuba suffers fmiri any over don which
pursuann io an executed conditf et slicancett.
etristaetiallr ibnpain the IfWitidual from
from a truunemt program established by the
adquacdy previding for his owe an and •
Department. to supc:vWO" in the Community-'
•
(40) Furlough Agreement • — a Contract
Dieebarp —. the k[a) ttikm or a
bem, the youth and the Department which
ddielm at youth tr+eet supervisory deotrel of the
contains tine ext?didons of a youths relaw from a
_ ..OML
=
cons iitmai program+ and the conditions under _
j Diversion — early imermendon in the
ile
which the youth shag! be superaised while wider
[urkwgb
- onwa tr aguWas onside of the just
sates•
,by
•• siy to .prevent bbelina and
— a epWrit; by a disci or
(41) Grierante om
and ee avoid tuieemsan•
• pwoewwks cif ddidm (into official eats proeo
Yoetth about ehe'subnanes or applioiies of any
department policy or of any of its program uetiu or
"9
00) Duty Officer — a pt mn iZdtarge of an
a complaint about any behavior or ataiee directed
i
' N
INNIPW aldts rapoetsibk for a!(ea erg ogre.-ttions
sehtois •••ith authority
rewards s t#tild or youth by saR or another child
or
._ of Ul wasps at tr&WOS
youth.
foe s into the security stage.
(42) Group ' Trutman house — a
1pliemtwt
(� utd Minor — as In relates to
to-tmunityebased residential program for +rocs
SpaddbW Fandir Sortrioes, as individual under
Cor:omed youths emphasising family style living
. 36 pars of ass wha is iefaily ettuTW c-r
in a how -like sumpne.re.
.. fisandOr hidepasdara to the e:xiene thu he is not
(43) Handenpped Chid — a deveiopRtemtaily
dahaad at a tan deduction by another patio&
disabled, hard of heMA:sg. deaf. speeds Impaired,
03), rompes — my youth who, without .
tisually handicapped, seriously eaatioaatly
pvatlriM. kave theta, or —when on authorised
disturbed. erthpptdialiv impaired, Or otherwise
kses toile so recurs. oa Writ ee• any centre
unpaired child who by reason thereof requires
ieaattieutadlitysttea stliootoranyhalfway
speed services.
bwm pnjrasst, wm the intent to escape lawful
(y) Haring Officer — the • person as
. ewetlfaaaest or custody.
daigasted by statute who conducts, pursuant to
03) Faany . as It relates N Specialized
these rukt, a transfer or furkugb revootion
Fastiiy Soviass, aria or spore adults and eisildren.
hearing prier to the aasrstplishment d s waderiSaatr,
sttbted by blood or law, induiling common
or revontion its dcfived in Ruk 10M•11.
bw rggeStoiedprior to january 1.1966,
(45) Household — a Froup'of individuals.
is tltt sync household. %Iere adults.
whetherrsbted or not, whe share a common livin
- ether spwsie. reside together. ads may be
arranllemat+t in s common residcom
,A - W a separate family. Zmandpated
(46) intent to F.n ape -- rite Youth who uses
ashes aM diMm hying under ate of
fora. threats, viotws or dettit of Way kind in any
ist6riivah not iepthr nspoes W for that are
tmauthorised dspanure. or in the abston thereof.
My be tsaidered owperson fatndlk&
remains away from the control and supervision of
• (Sa) Fasting Dar Care Standards — shone
the staff of any proarant for over tight hour
svlaa tared by doe Depwnent for the issuance
without permissior, are aeaptabk exwee.
'
• of a scum to operete a family Day Can Home
(47) interim Placcirimt Report •—
• gram-14
(MRS-CYF Form 2029 which is iacwpocsied by
03) Family Grasp Horns — a program in
reference) is a form on which counselors document
which $t Xkpwneaq contracts with individuals
actitWo that arc aornpleted durinS the detention
• ' fa/ a bed usd atperim for one to eitht exmtsinend
of shehu seyeenina Process.
yOWN and in whM "parents,' with the
(<S) jt(diaal Plan — a plan of uesisnen► For a
•
aasiswiar of a ctlfwler. proade a positive how.
Child seeeptsd by the court and super+ised by the
estetsrr-I -
Dspar ms in lieu or a alas ."A prat wo an
- a t man of bduvior ehanaa•
adjudiaalion of delinquency or dependency as.
06) Family Howie Shelter ! a shelter
described in the Florida RMM for juvadis
operaset by a private individual or couple who
pstaids asietgg6cy shelter in their own hoarse to
Preved m •
(49) judkw.Re►'iew —.the proaa Mr rrAieh
Y•
x:
' 161SPRLVO 1911 SUPPLEMENT 101►1.1.04
:�
• At edaii •teu•s the status of a child where parents or map be eourt•ordered.
MPOV•halbttn al -arm to the Department en (60) Prvehi'asrie Residential Treatment — a
!larded jctiod•placing agency and who has treatment facility for- sh* most severely
nrrsirtq,itrferta care for a eominueus ttrid of emaienally disturbed children, uruaily r
do nwnhs. The judieisl review onvrs at the end adolescents, who are in critical need and for whom
In
and as rpecirwd intervals other reRwrm have been eahauptd.
o t•ft'i!s six
thllllaha, a long as she child remains in foster (61) Aenitution — menccary parrnent direnly t
cart• N a victim "mire to a .ictim, community terriR l
OM Lang Terre Residential Treasttnens or a combination of these methods of
— program that provide imensive compensation. Ressitution mar inwave full or
mental health arrives for seriously partial partmcnt in money or it -kind other than
deetianaliy disturbed w prychosie children or mennary. '
aielweeass who art ratable so function in a less (62) Restrictiveness CategotT — • s
.. rssRriai•e enviretuncat. classification n rem for emsttrmitruas programs t
(51) Mvp judidal Supervision ` wpenisien bard upon the a awns of physical or supervisor•
•y*4stsarily satpted br the child and Isis pamis security vritieh the program of em
er ge*&A in iitu of "sun action and as a (63j Rcreauon — a teas used to describe the
AWWWtaary aher"tivs. p act es by which a youth on furlough tutus is j
• tiefMbent Mensal Me" Sawk — retu.•rsed it a oormnmitm+emt pregrarn for a Violation
so Vic which may include of the conditions at the furlough agreement or
wt.pwp or faadly therapy for vomrsa r:sc
• • y�a1h� wYed ehildras or adoiaeesu and (64) Runaway — as difttreadatd from an Q3
• chair tindres. ewpet or an abo mdcr, any unauthorized
that persea who is absences from a umn or nonsercw'e facility .�
di�ejly nor. ale far she operation of ascit of the Without invent to empe lawful coaGnumem er
tars of pptree issdttdas the tttsss • cvwedlr. "_
wMs a deaignaed. (65) Runaway Shelter — a facility, operated
Piarnmmens Coordinator — the.person in by led farrier p•oyidc. under contract wish the
ate! • depanmemal curia dasirmed as Department, to provide sheat•serm residential •�'� ;
feape�aitiit for the appropriate pla anent of arviees on a 26•how, seven•daya•v*eek basis to
stelitsquesM ywsM into wisabk and runavvav children.
us , ..�
. .. .. aVailallg sopregrarts. 1s aerte aareas (66) •San Antonio goys Village — a .
Etaesi Cswrolimaw is raposailk for contractual program for eom:nmed delinquent
..�iaasast er*pendeas cbildrea, alto. maser providing raidentia! ram eeunseling
aS) Ph apesitien Report — the original smice: and an educational program. tiathpeeM Mwasigstim of a criN at sbe intake (67) Security Unit — the designated facility a
And wisidm provides Wire eoun with smnely, each training school which presides serum !
0e1aVIS tad damned data an that is wuvatlea the noody for youths vibe. because of thdr behavior; i
dart dispoatiess ahastativs. mint be tt:rnporsrily removed frosts the regular !
(5�) tsrkrugb Regan — a epen filed treatment pr%Varn.
wft a ewsmiumens program prior so a youth's 166) Sonia Am — the geographic leation '
R (urlougk bee the program which where teeters are provided by the De?arntteat i.
{M V. omb% Briar arc n"Messu. (69) Shen -Term Adolescent Reaidemial F
Inwood;- plms,asd my special oendidsm which Traamwn (START) Center — a
• N be,,j> dWW is Ow yet WO furlough eammumitl••basd residential programs which
provides a stnsaured living emvirbnmem
a7T Pf" Miest Pwgrama — programer that anphasisdng normal group living. werknmg with
}mast positiVe mesa! health through a artery y ouths dad pa mw to resahrc pnebiwtn and as
1 aetrtriees daigsted to "dwoe er pro" mtatal in•heuse aademie program far krrialn K inn" �
hoaitb PWO M sarong at=risk poptdauaa. -he hare been onnunined to she Depammi.�
an Project iTEP (Shon•Term Elective (70) Shm.Term lapaskm TreattnetM i "f
hop ara) •• a dtorwarm contractual residential Programs — cornmunhybasd inpatient !
easlmismaat projrant somphasiaing behavioral treasmmeas programs designed -so taabsilm or
• image Whreugh rkerew fimesis scan* and cvs,luste a child who is acutel•y psydoode or
ea
• sditim6w in daily outdoor saMsses. scriousl� emotionally dissurbed. 1
• (b!) Psweaive St -vieea — Specialised social (71) Shen —Term Offender Program (STOP)
atstrrisis fir iepeadaM eAildras and their fismilies Gimp — a short-term cammutmitr.batd + '
•causer an promeaien of doildrat in tbdr own residential program in a w ildermen err rural
E � Mtsq .fit jrr,Vid*. counseling and related taring consisting
of eoasuanr. Stare and
sssp MOVI Mies daigoed M mainWal the fussily assional , park antics work projects to effect
emit orlt% anissisg pann a; in deyclo" tM behavioral changes in committed ~hL
_ low to mess site minimum Weds d their (72) Social Se rim Title 1)► Eligibility —
_Lida sa omion may be eligibility for scmim funded
t.� P^�+Me y K � by time Social sFi
oolumsr&. whit W corneas of the Savior. Block Grant. authorized by dw Ommnibw
a
Tb
j
w
,r N
J
— t'4�'�F�ifC���`..se`.t�4.,u�Ew�s�:_, �r.a4�.+�,r-.N.�. v a�:_t t, v.�-r�z:-�G,.=E;L_',:�.•ti�J1nz..t
:v:iP:.vS.e,�ca.
r - 'Ei '
A n
14A %
M
SPROM 1983 SUPPLOWNT '162
RM0616tion Act of 1987. bleed on the receipt or
extensive 11WPpoM;W mental bwlh services and
"now
mop
a pablic assistance Fran, low Income within
training Provided W She $mop home parents or
spedfled guidelines or membership in a opt-bried
staff and the natural parents.
(13) Therapeutic $miees — these urviets
(73) Special " Intensive Group a
which include, but we not limited to, individual,
communivy.based nonresitiential! program in
group or family counseling, and are provided to
%-" a specialised counselor serves eight to in
children or adolescents who reside in their own
ymbs conardiled to the Department through
homes, or in residential treatment programs.
rablirt--bated group sessions four ears per it
(64) Transfer — the adinittinfative process of
SAW weekly pamin group sessions.
mo4ng a ?Wth from one cornrutment program to
(74) Specialised FamOyStmort—aprogram
another. Such transfers may be effectuated for
w" podia ouppenive social w-Am to
either bek-avieral or progruffludc
AFDC recipients WW other low income ("its
(119) Treatment Program — as is relates 10
with children to assist them to become
mental health. a separate residential W
self-PAWam and scU-supponing and to help
ma-raidenual treatment program-gr a sepuzu
VWK 1601110L
organized #Mam of pro(asimal supervision
CS) gpmd&IWW Training Ahernatim for
operated by or under comma wilt the
Yorft (STAY) Center — an intensively
Department or -from whom the DCPRMMM
at PH and structured residential emu
purchases supervision services for children; a
p"Wrig individualised services to youths
tra, em program does not include detemimaire
UAW"W to the Department.
fadlhka.
(76) W — any person or pa"m who
(66) TRY (Training and Rehabilitation for
provieMt aerviges so chUren placed in the an and
etrtaMy of the Department or "r
Youth) Center — p nw-raWanial day program
intmalvit scryin to )Withs who live at
rX
person
WhON duties aft related so the
providing
bmw and participate in the program an a daily
40% prMot d AM supervision of dd*a in a
basis. Yvft in %bese prormm require a men
*M an (Uft.
structured program ththanproovided by community
A
(M Suliovilum Predisporiom Report — a
an" rind afterceiv services.
of child eryouth under
. (97) Victim —.the person, organisation or
which Was the oleme, Previous
business w" hu suffered property Ion or
I and information in order
_%b;_awuwn
personal injury as a result of a child's delinquent
M
tr and, the Deptrunan in making
am
rifiable disPedden for child -en dharged %ith
(66) Youth — as it relates to delintivatcy
viekdow of supervision; and which follows the
corrinimmu programs, an indiAdual who Is 17
gea"Jormst of the Pre-Disposideta. Report..
qvarsof agewyounger, but Who may bellior 19
(76) Subahtne — any person providing are
ferchildrat
years of age if awardued prior % the "vitlyal's
birthday.
in the abum of regular staff parsons.
eighteenth
.(79) SWWAW Db.%' CAMP — rWWdWAl.
(19) Youth Development Caner a
•
advadwal or - odwr enrichment prograims
residential trutman setter for youths not able to
operand fer-Kboal ago duldrat during summer
function successfully in community -based
Vecads& A thildcare lbdlky tasty also operate a
raideMW PIPWSS and has* emotional or
statow day amp provided than are separate
behavioral disabilida requiring a rivaured
• P Via- and "Pamc facilities for On summer
program then of placement it. a vaitsing Wool,
day 0%
(90) Youth Home of Fjwiej6 Ise:— a
(0) pgMsim — as it relates to Community
contractual group home program for consmined
land
CWMW and F~. the Service provided to a
Youths. Providing tw4chual can coomelifts
dWbqvos dM or youth who Is under the
services.
dbuden or a ok"Amenta) staff pases. an
SprolAir A966WW J#403. r0l.ly. a01 Jfh WIN.
Sv&bW6W vehmaer, of M jpAcM who &Sdogs and
40.17.8. 127.07(17). 9S#.24(2X&) )% Low
tttnwet that a cbIW amplieswM a ~ order.
fikiv* a JL'4d#J Plan.
J^WO"O" -"-Ol- "-= SIM dw. W. dff.)?J.
Agreement,
m a.
moo judicial alrowneor a voluntary
MPWVMW 91431.
SOM-1.03 Public Forms. Single cop!" of
(11) Th. panic Tow Memo homes
forms imcorpmted by reference AiLkirt this
WN& provide gammushy-based n2i4calial
union may be obtained without cast from the
Mintel hum services in a family scuin for one to
HRS GUMMI Services, Office In applicable
I
two -1—
emedwAr disturbed children w awv.Avpw%�%"
Newiphical was. See section 10.2-91. F. A. C..
Whb "MOSM SuppWd" mental bulth unicer
MRS Departmetual Forms Index, (or knows d
and uslalq provided to the (ma bome parents
these Wkw
OW *4 natural PAMM&
SprdAr Authority na sm)ej) r$. Law stapbogow
(M Therapeutic Group Name — homes
JAMONS) JvSM*S*—Xd`w A-IM
AM provide canti unhy-based mental health.
In a group satin; for up to tight
SWAWWly 6morlted children at adolescents with
r
....... .......
0
THE FLORMA SENATE
Tallahassee, Florida 32301
SENATOR ROBERTA FOX
40th District
July 25, 1985
Joseph Generardi
Zoning Administrator
City of Miami
Miami, Florida
Dear Mr. Generardi:
I
:
*i
Y'
TY OF MA 106
114 &Z -�*41
16AUG —8P2 06
Besl Matsu" 110"Ie a,='
cos
+uwa.rr•c"
antis a" cams"
sstacT cOMMUT st
Tort Reform
I wish to take this opportunity to clarify the status under which
the CHARLES Program is funded. We fund CHARLES to operate family
styled homes under foster care for six children. We fund them
through an agency for the.expressed purpose of creating foster
homes. By H.R.S definition the homes where the children reside
are indeed foster homes. There seems to be some measure of con-
fusion regarding this due to language in the budget. However,
the funding mechanism here is like the funding mechanism at the
national level for the Department of Housing and Urban Affairs.
The funding goes to the agency, HUD, which creates housing units
and apartments. It is the housing units and apartments that are
sighted. Is the agency that receives the, money. Here the agency
receives the money and the foster homes are sighted.
If there is any more confusion regarding this matter, I will be
happy to testify as Chairman of the Senate Committee on Health
and Rehabilitative Services. Moreover, if you require more infor-
mation I can obtain that information for you from the Appropria-
tion's Chairman from the Florida House of Representatives and the
Florida Senate.
Thank.you for your attention in this matter.
y yours,
to Fox
St4te Senator
District 40
Rii/r ?
0 COO Oae trth MianN/Kae0a11:' 7700 Nona Ksnaall prive, foie ¢12. Miam flWW4 331M (ice) #7*M� �1
V 0psi
atlieliNlYlNMiefon so&W. 10¢th Aroel" sttya�twatar. P"_ 33174 130*11i
.: e.�..
` r N#ANM!7q/ n1M 4i4WWf1f41F4 W W$: 790 ManNelOW s0 . MMMliq 1. FIgri00 i9 lig0t ``
r� TOM!"" A►ydnac tloowt SpQt Mute Otfict suddiM, Tel flo.itN 3�ag1 IW41 Alt+3�!
URRY A
J4HNSTON, 11
The
CHARLEE
Program
Children Have AU Rights:
Lepl. Eduadonal. Emotional
October 11, 1985
Mr. Joseph Genurardl
Zoning Administrator
City of MISMi
Miami, Florida
Dear Mr: Generardi:
As discussed at our meeting, I have enclosed a copy of the letter
which verifies the fact that CHARLEE Homes are considered by the
State as foster homes.
An additional letter is being provided by HRS in Tallahassee and.
I will forward this directly to you upon receipt.
If you need any further information please do not hesitate to
contact'me at 656-5397 or,our Executive Director, Doris Capri, at
the number listed below.
Sincerely,
-
Nan Rich
President
NR/cm
CHARL> E of Dade County, Inc
aAS.'1•,1r' Fiat St; • Miami, Florida Ill" i`0.
l
-�:t SRiHt�'2�e1L°.�'`.1��4y.��f�+i• •�f��t�`E%? �Grltytl..S i
.t �N.. �..,� . � �z+i-vF.A.+.w...y.yi��.'4.}.il���r�h� i.+•i
j I .
[UNNlNO d ZONK*3 r ! : s
ADMfMISTRAT1.1 i
f' STATE OF FLORIDA
DEPARTMENT OF HEALTH AND 2L�Tdy6ff
2nd Avenuet oom I� iami,
October'7, 1985
City of Miami
Director of Zoning
Building and Zoning Division
275 N. W. 2nd Street
Miami, Florida 33128
RE: Charles Homes of
Dade County, Inc.
Dear Sirs
This letter is to advise you that upon expiration of
Charles of Dade County, Inc., licenses on October 31, 1985
at the following addresc;e.3, no new licenses will be issued
to that organization..
(1) Bayshore Home, 1640 S. Bayshore Drive, Miami
(2) Belle Meade Home, 674 N.E. 72nd Terrace, Miami
(3) Shenandoah Home, 1795 S.W. 12th Street, Miami
(4) Coconut Grove Home, 4110 Woodridge Road, Miami
This decision is based on the fact that Charles of Dade
County, Inc., does not provide services in accordance with
standards established for child caring facilities. Instead,
the services• rendered at the four locations meet the criteria
of Therapeutic Foster Homes and these facilities will be licensed
a h N embe 1 1985 E h i di id 1 f
s suc ov r , ac as ua Water parent will
be licensed for their home. The actions to effectuate these
changes.are in progress and will be completed within the afore- {;
mentioned time frame.
Please do not hesitate to contact me if further information
is necessary. '
Sinc ly,
u sa P. Maurer, NSW ry"y Senior Human Services `J
Program Manager, Children _
Youth and Families Program d3
a
flu fillitAt t.w. 1.4 jVl*.li\IOf
q
— eL��.�4ii6A �'9iv;�i �.i3�•.�.�aJ.� :.hi�T•.7s .TM„w 1
CITY OF MILK'
PLA10010 & ZOMWA
STAT[i OF FLORI[)A
DEPARTMENT OF HEALTH AND REH�t[�c'����,�
n venue, Room 10I'6','M1am1, 'ZU
October 7, 1985
City of Miami
Director of Zoning
Building and Zoning Division
275 N. W. 2nd Street
Miami, Florida 33128
RE: Charlee Homes of
Dade County, Inc.
Dear Sir:
This letter is to advise you that upon expiration of
Charlee of Dade County, Inc., licenses on October 31, 1985
at the following addres:;ej, no new licenses will be issued
to that organization..
(1) Bayshore Home, 1640 S. Bayshore Drive, Miami
(2) Belle Meade Home, 674 N.E. 72nd Terrace, Miami
(3) Shenandoah Home, 1795 S.W. 12th Street, Miami
(4) Coconut Grove Home, 4110 Woodridge Road, Miami
This decision is based on the fact that Charlee of Dade
County, Inc., does not provide services in accordance with
standards established for child caring facilities. instead,
the services rendered at the four locations meet the criteria
of Therapeutic Foster Homes and these facilities will be licensed
as such November 1, 1985. Each individual foster parent will
be licensed for their home. The actions to effectuate these
changes are in progress and will be completed within the afore-
mentioned time frame.
.Please do not hesitate to contact me if further information
is necessary. '
Sinc ly,
u sa P. Maurer, MSW`
Senior Human Services
Program Manager, Children
Youth and Families Program
5`
J ,Y
UISTRIf :'I' H.1.11VEEN sM -
IV 1l; 1 sl iAl JAM. 1 a ►VI AEI Nf �y
13
may}
i
i
r
i
r - CITY OF 101K
t r P AO d JON. W� P
Jonr: G. FLETCHER �p� AUGp
ATTON"CV AT CAW 6 AUG PZ :07
SWITE tat
POOO 090 "OAO
tZ"TE 96LAN1. VIAMDA "946-6"4
TMPwOwt t�0l1 N!•7lt�
July 15, 1985
Juan C. Gonzalez
Chief Zoning Inrpector
Building and Zoning Division -Zoning Section
P.O. Sox 330708
Miami, F1. 33133
Res Charlee (property at 1640 S.
Bayshore Drive, Miami)
Dear Mr. Gonzalez:
Thank you so very much for meeting with me on July 11,
` 1985, and discussing the above matter. Pursuant to your re-
quest I enclose herewith the HRS documents which fully reflect
that the Charlee sites are not foster homes. These were ob-
tained by me directly from the HRS file "CHARLEE of Dade County,:'
Inc.",with the assistance of Pernella W. Burke of HRS. I have
labelled the documents A through F for ease of reference. g:
Document A (a composite) clearly reflects that the Shenan
doah license is for a "residential Child Caring Facility". `In
fact the words "Foster home" have been crossed out and "Resid.
•Child Caring Facility" filled in. The HRS records do not re-
flect when this change was made.
Document B (a composite) reflects the same for the Bello.;'
Meade home. Again the HRS records do not. reflect whefr•the change
was made. .yam
Document•C is an analysis by HRS licensing personnel which°:
reflects clearly that the Charlee sites are not foster homes -
and are in fact institutions, although "less institutionalized
than other facilities.
Documents D and E are applications filed by Charlee p�=-
sonnel reflecting group care license requests, not foster,homt.:<
licensing requests. Foster homes are licensed exactly Alto
Pursuant to Section ION-6.050 Florida Administrative Code.
Document F is a letter.from former Chief Zoning Inepector
Richard K. Weisberg to Charlee. Apparently Mr. Weisberg d
been misinformed about tharleeIn operations, for there,.art ;
foster parents licensed by the MRS; only hired coup3.es tirho `
eRV10yees of Charlee ($15,000 year salary). `
ism
0
W
Further, I. have spoken with State HRS personnel, speci-
fically Susan Yelton in Tallahassee, who advised me that Charlee
is not a foster home but rather it is a Therapeutic Group Home
licensed under the term "Residential Child Carina Facility".
Additionally,. local licensing personnel, speci%ially Lois
Rossman (her name appears on document C) on July 12, 1995, un-
equivocally told me that Charlee is nbt a foster home, but is
a group home. Her telephone number at HRS is 547-2544.
The foregoing should be sufficient for you to decline the
operation of a Charlee group at 1640 S. Sayshore Drive in the
absence of approval, after public hearing, as a Community eased
Residential Facility pursuant to Section 2034, Miami Zoning Code
Please advise me of your conclusion and actions on this mat
ter as my clients intend to pursue the ratter. Thank you for
all of your courtesy.
Cordiall
/ , ,✓
Uo G' fetcher
JGF/nm
cc: Janet Reid
-`�:�rrt `�:.a` ^'vt�is S..a,�a.:.o.�. c" — ac::-w...rsva±4__ti;a:Stie.l'leis,• imwidir�ie� - fa.`�.
;cam
•
- r
a
F=
w
Joex G. FLaicxzR
ATTOAMtT AT LAW
•YIT[ Ran
T OO MCC ROAD
awi.'M a ZASU. r&AMDA 89140•&"4
TtWO"O we 43061 Nf •7981
July 151 1985
Mrs. Lois Rossman
3rd Floor, 1150 S.W. let St.
Miami, F1. 33130
Dear Mrs. Rossmani
CITY OF #4AN1
186 AUG `8 P2 r07
Re: CHARLEE Proposed Site at 169;0
S. Bayshore Drive
Thank you so very much for your courtesy in assisting me
by telephone. I wish to confirm several items from our dis-
cussion and to request more of your kind assistance. As I
advised you I do represent a number of concerned neighbors
in the area and you have been a help in my understanding of
the situation.
First I would like to confirm, as you advised me, that the,
Charles sites are not foster homes. (In that connection I have*
obtained from the files at HRS the licenses that reflect the
same.) Second, I would like to confirm that you are processing'
an application for the same type of license, for the site at
1640 S. Bayshore Drive.
a
Finally, I would very much appreciate receiving from you ,`
copies of any documents that have been submitted for licensing_ .,t;
at 1640 S. Bayshore Drive, as well as copies of the HR$.revula�.
tions applicable thereto. Finally I would like to receive.cop
of whatever license and related documents, including any iut"t•F
to issue document, will be issued by HRS for the property::at-i `
• S. Bayshore Drive. }=
Your courtesy and assistance are greatly appreciated.• -
Cordfe y,,
r••
J6hn.* lets
JGF/am
cc: 'Janet Reid
q
,0,e fs-00
'OF MIAMI
A INIJT� V'
•; 16 AM -8 P2 *7
SECTION 1530. SPI-3: COCONUT GROVE MAJOR STREETS OVERLAY DISTRICT.
SECTION I S31. INTENT.
Within Coconut Grove, a number of subareas along major streets in the
community are of special and substcntial public interest bemuse of unusual
characteristics, including architecture and natural features. The Village of Coconut
Grow has a unique cultural and historical heritage and a distinct physical identity
charocter!zed by diversified and abundant vegetation, a rich and compatible variety
of architectural styles, limited scale of buildings, and use of public ways.
It is the intent of these special public interest district regulations that future
public and private development shall respect and enhance this character, preserving
property values and enhancing Coconut Grove's desirability as a place to live and
work. These special regulations are intended to apply to highly visible, relatively
Intensively developed areas. strategically located along major streets in the
community, to protect against inappropriate height, discordant or incongruent design,
disturbance of .natural features, and to eneourpge development In such portions of the
community in a manner appropriate to preservation of its unique physical,'cultural
and historic heritage.
SECTION 1532. EFFECT OF SPI-3 DISTRICT DESIGNATION.
The effect of these SPI-3 regulations shall be to modify regulations within the
portions of existing districts indicated in the Official Zoning Atlas as within its
boundaries to the extent indicated herein.
r• l,`• SECTION 1533. CLASS C SPECIAL PERMIT.
1533.1. When Required.
No building permit shall be issued within the boundaries of the SPI-3 district
affecting the height, bulk, location or exterior configuration of any existing
/ structure, the construction of any new structure, or the location or relocation or
j/ C enlargement of vehicular ways or parking areas on private property, without
authorization by Class C special permit. --f
1533.2. Materials to be Submitted with Applications.
Materials to be submitted with applications for Class C special -permits in this
class of cases shall include such site plans, landscaping plans, building elevations
os.
surveys and reports as are required to make determinations in the particular de as
to conformity with the principles established below.
1533.2.1. Relation of Proposed Improvements to Natural Features, Surrounding
Proposed improvements shall be related harmoniously to the terrain, a* in
particular shall protect and enhance natural features such a rock outcroppings,
existing slopes and the coastal ridge. Relationship of new structures to surroungling
buildings shall be compatible as to form, size, and spacing and architectural character;
.1' shall conform to Coconut Grove's architectural heritage. Building material and colors'. ;f
shall be compatible with Coconut Grove traditions.-
i}. Yfyr
15-17
z
r7A
CITY OF M16 ,
-86 AUG - 8 P 2 :07
1533.2.2. Landscol innq, Screening and Open Space.
,i
Desirable landscaping shall be preserved in its natural state to the maximum
extent reasonably feasible. General landscaping requirements and standards
established by this ordinance for offstreet parking, yards, and open space shall be
considered supplemental to retention of desirable natural features. Placement of
structures and vehicular areas shall be such as to retain, to the extent reasonably
practicable, desirable existing landscaping, open spaces and natural features, and to
promote provisions of compatible new landscaping. Desirable nativb plant materials,
and such exotic plant materials as hove become traditional in the area, shall be
preferred in plant selection. All accessory areas and structures, such as service and
loading areas, which need screening to avoid adverse effects on adjoining properties
shall be adequately concealed by appropriate plantings or other screening.
1533.2.3. Drives, Parking, Circulation, Utilities.
Location and number of access points to public streets, internal and merging
traffic and circulation, separation of vehicular and pedestrian traffic, and arrange-
ment of parking areas shall be safe and convenient, and shod be so located and
improved to preserve natural vegei'btion where posse le. Where feasible, all utilities
shall be underground, and there shall be appropriate provision for servicing utilities.
�
533.3. Special Height Limits.
9g�(q.
1 Q Qe—-No-building-w+thiA-t 1
a.%I
oa' *0ll awg
toe,
toe. ow t4LUZ
15-18
Ay'a
z
CI*" OF M W.',
AD?"STP�T!^ti „r; i.
W AM -8 P2 27
(1) Self-service: Three (3) spaces before eoch wash stall, one space
after each stall.•:+)
(2) Semi -automatic. Five (S) spaces before the beginning of each wash
line, three (3) spaces after the end of each wash line.
Y; �"�'•'"' '` ' (3) Automatic drag -lines Eight (8) spaces before the beginning of each
wash line, six (6) spaces after the end of each wash line.
(d) Other drive-in facilities (including but not limited to food and beverage
►t -'•'` = ; �., sales and laundry and dry-cleaning pickup stations): Three (3) spaces
before service position or area for parking, one space after such position
! or area. The inbound reservoir area shall not conflict with the outbound
_ Sze reservoir area �,�•• s ,,;�s'.: ,
�N•i•�at•� •��� �j(:..:AiA:a tea,{ ti •:� ►''l4'.;n•` ',
SECTIONS 2032-2033. RESERVED.�4•!'`t-
$ Q.U.!.. LV t �rd,0!u V I11 E, (1 3!t►C f
SECTION 2034. COMMLMITY BASED RESIDENTIAL FACILITIES. S' tAu.��n�•r0
Community based residential facilities shall be subject to the following zoning
requirements and limitations.
2034.1., Community Based Residential Facility Oefined.
A community based residential facility provides room with or without board,
resident services, and 24-hour supervision. Such a facility functions as single
housekeeping unity and is licensed or approved by an authorized regulatory agency.
This category includes adult congregate living facilities; residential facilities for
alcohol and drug rehabilitation, for developmentally disabled persons, for persons with.
' mental health problems, and for dependent children; and juvenile and adult residential ll
correctional fad Iitles, including halfway houses.
2034.2. Procedures.
. 2034.2.1. Registration Required. _
All existing and proposed community based residential facilities shall register
with the Deportment of Building and Zoning inspections. Required information for
registration includes:
I. the name of the sponsoring organization, if any.
2. the name of the foci l ity operator. ,Y
3. the street address of the facility. 4?li
4. the type of program to be offered by the facility. -
�r'' S. the maximum number of persons who will live at the facility.Yx
6. the governmental authorization to operate the facility. ',
2034.2.1.1. Official Map and Registration File.
The Department of Building and Zoning Inspections shall provide and maintain
an official map that shows the location of all existing community based residential
facilities; and a registration file.
r
( soo, 2034.2.2. Special Required.
All proposed community based residential facilit(es are permissible only by
speciara
l exception subject to the following requirements and limitatiaf
�t 20-77•
i
CITY OF MIAP;'- _
' R' ASS OON&
�6 AM •8 P2 07
2034.2.2.1. Location Standards.
All proposed community based residential facilities shall be subject to the
following location standards:. •
I. A proposed community -based residential facility shall not be located in
any census tract where residents of existing community -based residential
facilities can prise 3% or more of that census tract's current total
population as estimated by the City of Miami Planning Deportment.
2. A proposed community -based residential facility shall not be loeatad
within a radius of 1825 feet• of an existing community -based residential
facility. Measurement shoil be made from the nearest point of the rite of
the existing facility to the nearest point -of the site of the proposed
foci Ity.
2034.2.2.2. Recreation Open Space.
•- Recreation open space shall be provided in accord with the following schedules
1. 200 sq.ft. for each resident under 18 years of age.
2. 150 sq.ft. for each resident 18 years of age or older.
All such recreation space shall. be appropriately landscaped and buffered for the
comfort, convenience and enjoyment of the residents with due consideration for
adjacent properties.
2034.2.2.3. Yards for Facilities with More then Fifri Occupants.
•�
The rear and. interior side yards of facilities with more than fifty (50) occupants
t
shall be screened with a solid textured wgll, fence or compact hedge with a minimum
•height of five feet.
2034.7e2.4. Off street Parking.
One offstreet parking space for each staff member and one offstreet parking
space for each four residents shall be provided. A reduction in required occupant
~`
offstreet parking shall be permissible provided findings are made that Nearly ;how
such reduction is recronable based on such factors as: facility proximity to mass
transit, location of occupant employment area, occupant auto ownership, facility4;
visitation policy, and the like.
_
2034.2.2.5. Limitations an S"s,
Signs shall be limited to a nameplate not exceeded two sq.ft. for each street
frontage.
90 Qf V?
2034.3. Certifieote of Use Not TransferoblU ... o..%ygry�; h . C , *
Jav
:
};,
too/ e A- 1A I 0A -AA. 3,
Act 43
The approved ert irate of Use shall not be transferable if the facility changes
w
f
use or qwnereship. &kw w"-JP Khali bs 4p 1
pn�l�t an1y joy C
�ptc�ta p�. nttita
:.:
SECTION S. RESERVED.
SECTION 2036. CHILD CARE CENTERS.
Child care centers, if approved by appropriate regulatory ogenales, sl+ajl bsr{ �,
=
subject to the following zoning requirements and limitations
y
T-1.li'st
20- I
-
1
.
OKI
The
CHARLE E
Program
Children Have All Rights:
Legal, Educational, Emotional
CITY OF M1AMI
I'LAW ZONINn g��' , 1; .y
ADyi4�a: k� ►:�N : =��
16 AUG -8 P2 *7
Dena `IKke
lreswm
-
Nan Rich
-
VicetnMi&at
May 14. 1985
sea="
FM Wod
T"M M
City of Miami Zoning
!off GrKwr.
273 Nil tad Street
Miami,, Fla. 33128
raw
Attnt Mr Juan Gonzales
Dear Mr. Gonzalez:
GwrosDin
-Tsei�e 0iehay
As per our recent conversation please find enclosed
jWV Wse,Gbdsmw
a Charles Brochure describing our Family Care Program.
f�dc
1tabKeLe4
Should you have any questions please feel free to
Rev. Cims Mauro
call and speak with Les Rudner, the Director or Dr.
yMsdmw,
Jack Becker, the Psychologist.
ism
Rev. lwrMINA ew
Thank you for helping us clear up the zoning issue.
Kim tsar
Sinceraly.
Cheryl J. Milks
Nonagement Coordinator
nq oe �'
_ z; ; Enclosuse
.
SAY
CHARLIF o("Bade County, Inc. -
N�'• Fif'$'S l�i���m�, 1•I��►ocla 3SI.,H 3051 A*bd)/►",
A VM -9 bS *9
FIIA OE Mril
6
,
CHARLEE
7nikiren Have All nights:
.egal. Educational, EttlotnOnal
rite CHARLEE Program
lie Menninger Foundation Fan+ly Care Program
aNedCHARLEE—anacr forChildrenHaveAll
tights: Legal. Educal= Emolionat — sponsors a
.ationwtde network a f amily care homes for abused
ind negiected. dependent children. The CHARLEE
elwork is madeupol affiliated nonpmtXlcorporations
nroughout the country that establish family care
omen in their own communities.
he Menninger Foundation is a leader in the areas of
,syclualric treatment. education. research and pre-
cmion For almost two decades. Menninger staff
nembershave beencreatingaitem livecaresystems
'or children who have become society's outcasts.
CHARLEE is an outgrowth of these efforts.
t fragrant miscarriage of justice
There exists in our country todayaprobiem that has
fteen called the most flagrant miscarriage of iustice
nation s history. Ninvolvesnare thanonem illion
:h Mren a year who atewarehousedininstitutions Of
n woefully inadequate juvenile facilities.
,an any. given day. wed over a thousand Children are
• sentenced to reform schools. detention ceMers. kmI
lads. mental institutions or any munber of other
t aabbes widmg to ps+Dvide food and etheliar. along with
promise 10 isolate them from the "decent" folks in
the community. More than had of these children are
,cu even accused cil a crime:aten OWiro* Vine
.s that they have no one to care for them.
tilost of these Children are drawn into to Chad care
systembecause they have been beeien or sexually
Wmisedorabandoned—turnedloose,without phys-
icat or emotional resourrem in a world OW doesn't
ones who are not
want them. Tine *c
anwtvndiatey insiihdionailized. usually are bounced
arouixf in a foster care system that seldom works.
ki the field estirneta Neal a tta mttote than
«� imrLamoetatedt3kitdrett.at:ftkattltasttirkety
are capable of g in -
Nevertheless. Ito &treaty cort-
FFprmarnisaconcertelleltoAMdeal
ern a nationwide roil.
Dade County Family Care Model
In 1982 CHARLEE of Dade County was founded by
a coalition of organizations which included the Epis-
pppalD6ot:eseot Southeast Florida. theJuniorLeague
of MiamiandtheNationalCoundlaJewish Wbrftan
(Greater filG&N Section). CHARLEE was initiated 10
provide long-term family -care tomes for dependent
children. tong recognized as a critical need in Dade
County.
The CHARLEE mode! is not based on clinical treat -
men, or on institutional correction. but rather On
restoring patlems of everyday interaction that any not-
mal. healthy family enjoys. The phikmKO y of
CHARLEE is based on positives. Appmopriate
behavior is rewarded and each Child is,atght the
importance of participating and being part a a family
gip.
Each home has six children ranging in age upto eigh-
teen years. The homes are established in residential
neighborhoods. Tho children attend the local schools.
are encouraged to Panicipato in school activdies and
make friends will# the neighborhood kids. For many
of these children, it i:: the first time they have ever felt
they really belonged.
Central to the model are the carefully chosen. proles- i
sionafly trained family -care parents who are supported
by a staff that includes a director. a school coordinator.
a social worker. a psychologist and others as needed.
The family care parents set the stage for growth by.
providing the love, the discipline. the understanding .
and the ax:eplarwe that each child needs. Meralinger
Fu.-,.. ,.,,,-0uvidesongoing professional training for
tangly care parents and support staff.
CHARLEE has three family -care homes cWrently in
operation with a goal of five by 1986. As a result of
the Dade County pilot project. CHARLEE is raw being
implemented in other communities throughout the
State of Florida.
Funding
CHARLEE opened its first home in Dade County in
1983. Initial costs. inclWing substantial down pay-
ments on the tames. lumisdwtgs and purchase a a
family car, are provided through donations by civic
organizations. foundations. Corporations and other
interested citizens. The lost of maintaihtimng the
program is borne by the State through a Par diem
stipend kw each Child participating in the program.
The CUMEEtwW itbeserlonlxu►di VPa"m$ m "c7u"
i xlion trier any a m+eti neaKhy WWY Wifil"�
CHARLEE Needs You!
Children DO have all rights and i want to help.
11 Please bill me for S
0 Enclosed is my TAX DEDUCTIBLE contributie,
tot
i
Name.andlor Organization ---
Address
City ____r__ _ State __ ___ _ Zip
Phone ( ) —
Cheos payable to: CHARLEE of Dade County. Inc
For ftxtfler iMarmatiorl write or can:
The CHARLEE Program
M N.W. 1st Street
Miami. Florida 33126
Telephone: (305) 326-W77
a
Dear members of the %ty of Miami's Planning ar Zoning Hoards
Administration deparument,
I am deeply concerned for the safety and welfare of the many children
going in and out of the Charlee facility located at 1640 South Bayshore
Drive, Hiami, Florida.
The use of this property in this dangerous location which is in a flood
area, to house -abused, disturbed, neglected, dependant children is
inappropriate due to the fact that their safety, welfare, well-being,
health and life are in jeopardy.
South Bayshore Drive is a main artery for traffic between Coconut drove
and Miami* When the traffic is not bumper to bumper it is used as a
speedway for cars, trucks, motorcycles, etc.. Thousands of vehicles pass
this property daily. Accidents are many. The.bicycle path which joins
the street in front of this facility is highly dangwous as cars use it
to pass on the right. This is unsafe. Cars stoppin6 at the facility
park either on the bicycle path or scale, as there is no driveway on the
front of the property.. These children should not be subjected to all of
these hazards.
There is only a small yard fenced in and taken up by a pool which is
Bic fenced in and therefore has no locked gate.
These children deserve a safe place to live and ground to run over and
scream out their frustrations, instead of running all over the roof of the
house and beating propane gas tanks with a chain.
The noise of a child pounding an the walls and door of a bedroom and
screaming to "get me out of this place" is heart• -rending.
I came to plead for the rights of these children to a safe harbor.
This location is not that harbor.
• . l
4 •.l
.4
ti Y
t
October 3► 1986
TO THE XWERS OF THE KUMI ZONING BOARD:
RE: Charles of Dade County, Inc.
C/O Nan Riche President
985 N.W. First Street
Mimi o Florida 33128
FACILITY LOCATED AT: 1640 South Bayshore Drive, Miami, FL
The undersigned, owners of property neighboring of the above referenced
subject property concur with 'the decision of the zoning administrator in that the
CRARLEE PROGRAM FACILITY as used in thU"cite In not a foster home and that the
vtablishment of this use must be thru the special exceptions process with full
participation of the property owners and neighbors in the area, in a public
hearing, as to the propriety of the approval and the compatibility of this kind
of use within a single family residence area.
Therefore, it is respectfully requested from the zoning board to uphold
the decision of the zoning administrator as expressed in the letter of July 28,
1986 to Mr. Philip Ward. .•
NAME
ADDRESS
/ 4 ss• r j� •mac C ;::
Ly
'( 6
k
S,
October 3, 1986 li
TO THE MEMBERS OF THE MIAMI ZONING BOARD:
RE: Charlee of Dade County, Inc.
C/O Nan Rich, President
985 N.W. First Street
Miami, Florida 33128
FACILITY LOCATED AT: 1640 South Bayshore Drive. Miami, FL
The undersigned, owners of property neighboring of the above referenced
subject property concur with the decision of the zoning administrator in that the
CHARLEE PROGRAM FACILITY as used in this cite is not a foster home and that the
stablishment of this use must be thru the special exceptions process with full
participation of the property owners and neighbors in the area, in a public
hearing, as to the propriety of the approval and the compatibility of this kind
of use within a single family residence area.
Therefore, it is respectfully requested from the zoning board to uphold
the decision of the zoning administrator as expressed in the letter of July 28,
1986 to Mr. Philip Ward.
NAME
I
�j
�i VA ..,
AD_
QSG • �G•S.2 n a A.�v, re.,Y
v� / :.till , yL
Ott
October 3, 1986
TO TIE IWERS OF TIE KIAKI ZONING BOARD:
RE: Charles of Dade County, Inc.
C/O Nan Rich, President
983 N.W. First Street
Miami, Florida 33128
FACILITY LOCATED AT: 1640 South Bayshore Drive, Miami, FL
The'undersigned, owners of property neighboring of the above referenced
subject property concur with the decision of the zoning administrator in that the
CiiARLEE PROGRAM FACILITY as used in this cite is not a foster home and that the
stablishment of this use must be thru the special exceptions process with full
participation of the property owners and neighbors in the area, in a public
hearing. as to the propriety of the approval and the compatibility of this kind
of use within a single family residence area.
Therefore, it is respectfully requested from the zoning board to uphold
the decision of the zoning administrator as expressed in the letter of July 28,
1986 to Mr. Philip Ward..
NAIL
AD_
240
V
- .�'y • 5 F a� S
t
V
- .�'y • 5 F a� S
t
October 3, 1986
TO TIE NMERs OF THE MIAMI ZONING BOARD:
Flod 61
r
e�
,C
RE: Charles of Dade County, Inc.
C/O Nan Rich, President
985 N.W. First Street
Mimi. Florida 33128
FACILITY LOCATED AT: 1640 South Bayshore Drive, Miami, n
The.undersigned, owners of property neighboring of the above referenced
subject property concur with the decision of the zoning administrator in that the
CHARLES PROGRAM FACILITY as used in this cite is not a foster home and that the
stablishsent of this use must be thru the special exceptions process with full
participation of the property owners and neighbors in the area, in a public
hearing, as to the propriety of the approval and the compatibility of this kind
of use within a single family residence area.
Therefore, it is respectfully requested from the zoning board to uphold
the decision of the zoning administrator as expressed in the letter of July 28,
1986 to Mr. Philip Ward.
NAME
ADDRESS
Sth:J7.r` r New Ll0.T.I-:::I II :cNP
z
Residential Child Csiri
CRARLEE of Dade County_ . Inc. „BgjjIMeade Home.
b7�j_„72t14 Terrace, Miami Florida 33238
n
Warn -.ass -
TO: DSS ( Bruce A. Edgerly ) Acting
• US ( Peggy A. Siegal ) Licensing Unit
1. This is in rerponce to yomr request to- _ X limnse
relicenso tho ob;, a ho-.v.
2. (a) This home is approved fer liccnbi.r•5 11/30/83
(b) -Maxi-lam Capacity 6 child en. awes six through eishteen.
(C) Additional cCtT,mants:
i
3. (a) This i•e a id not approved For : j care n-I
M Ylc asc prov id' 1.1 ho• "OlIva•i ng c•: taklu —.0 : c :: c . �: •: ,
.ZC:�tCa�1:i• :•'.i�:l' for L}t:.R ii?:a' t:� :C• )�:':::;i�f�.:.'r�i '�"! I�•. :':�•.
a. (a) This !Ipiilt0 it reco:x-ne-aded for Onsing
(b) The fol lord n , actio:. zlim-J d bu to;*er::
cc: Homef incling
0..
.
C 1 i •
BE A
• � r
V FOSTER PARENT
N•ji i 547-2544
Y,
w
a
a
3
• Yd q; .7�f.i
FAWN
Y
�,� S•3�X�.1.
��,
lCiflx :'t Ness L?C::�.:1/f.. Fs.L.Cr'....•tt.v � �.
Resid. Chit Caring Pacility'7
CRARLEE of Dade CountX j.Lnc., jSh o4ilHomeL,,, 1+ert •• E
„z.
1795 S.W. 12th Street, Miami, n. 33135
TO: pgg ( Bruce A. Edgerly Acting
US ( Peggy A. Siegal ) Licensing Unit
1. This is in res_ srrce :o yo.;: reqve::: La X lic:cr.ue
2. (a) Think hone a apprn v Ed fcr 1/30184--
W 3w..i-wr.t ch%tcity See below` (*`�_
(*) Licensed for a maximum of six children, ages six through 18
(four boys, two girls).
f •
�• ({:% 'i:: J.: }a.•N:C �!: rc't F.pp:u',•c: ] :F:?& 11 t� ..Z •.,
(b) )':'"-;: :ri �::: : ^l: C :•::.:: +-,_ire)':.•:. �:; ,^.:. t:i::�_ '...,. : �•� .
ly�,:•fl�l t.:� 'a..r `-con ��': 1'1:�.••:� �..i•� C! i •• :'�.':= i wi•»:1 ... 11•.. �.. s:
4. (i) Thin 4.1mt.- i s T: ci :.�'a:: !.::.:C•d i �.r :' �.ns 9 : •.
Ao'4
cc: Homef inding
BRUCE A. EDCERLY
j FCST:tti t? Q i
547-2544
tLJI u
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r
sya�,
t•Ss"�
mf
.' �}. �r k -r�,'. ^.a i .•j, _._ �,,; _ �� }t _. `` :. ... •,.. v : s.ir. •.. !t „+J; .ram} � t,:. .;y."
nS i�� ig"A i� V4;�i, L _k'3U ,+iL'ri.dt'.Y `a,� r 6 l • v r r ,r F ;
y 1.. • �I
• .o.A►
'�& tlit e of � a rt��
� 3 e artment of �-Iealtil andXchabifitattlit
30�
derstificate of 1kicense
FOR A RESIDENTTAL raTTn CARTNG HOW
II'ill
Y
Certificate Na_
Yr4Y
lFiuotu Jkll Pen by Sliest presents; That the Department of Health and Rehabilitative Services
CHARLEE OF DADE COUNTY, Inc.
being satisfied that the .hemp Rellp Moadn at, 674 NJ- 77nA Tprra �n in the city of
liig>m — , County of nod State of Florida, has complied with the
minimum standards set by the Department for s ftalaonrial Child r„-ins nine
and the Department approves the application of said - -
for a license to operate and directs the issuance of this
certificate, on the 30th day of 191a
• This license shall continue in force for one year from the above date unless renewed, extended,
withdrawn, or revoked for cause.
Maximum capacity: 6 children, ages six
through eighteen, either sex.
Dist ct ones rotor
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ate. � v i•• W
HeC'..1 R ehabilit ti.ve
Disitict Eleven S n.,tEed by
1150 SQ i' i i s t RAW
W
UiAr4, Ftn 33130
AI'ttliCA11UN tCR A LICENSE ' g
htitii tilt intcnt to ce_,,j-t,Y rut, ac tu[cs ma it-wirtttilve:% .t,•��.:..� t
VIC t icrilsfoC. diW r .j such colt t I'd ca 1 iitd vI cat i (A Hat:
6nc u-tics, lac ItctCby aI-I)Cy A(PA n CiccrtSC.
to N:ovidc cSumv ctvc Srt chUdwt.
t.0 0INA .tc n CAUd IICacutcl afJcn%:+I. ,
_. 113 EE, Qf Dade County, Inc. _
Mmic o6 Agcitcy
M ,
N.W. First Street, Miami. Flaida 33128 �.
Addle 6 Uty
S�c�ttattc7c:s
8/30/83.
P�tcd"idctGovc.11L614 livald ; Untc
k 8 30 .83
Scctc.tnty rb vc't�ttttU tKa.ttt Vats:
}
tit• T , � y�,4 r .'.° X'
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Nowt Fi)tbt StAtet
Mimi
SHERAMAHWOME
�• 1.1 ii
1795 Souttrvee# i Ith stmet
CM01- vvmon, viue#at
• 326-0677
`-
i.; ;: t .•i.: i• i'l� t �: 1
I ELF+11M.=:
R" idtWa,C ChiU Win FaC.i.f�i_t� 5.
409.165
..r ._
14. i,t�� ;,i;:1.�e:
l�;fiE-? i�7 t k' ;::�7�i'iu :;:IFS i A', "•"
E . One VM
Peggy, Ann S. egaC
I : t..'.• • i,�:�i�'Lt 1 t•lit 1'Jl?:•i '
7 . CVF
�. M_�•1r•r1�Y.�_ •
547-2544
i•a,au I USmC.
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t (•• .l•i•.tli \ �1 �'� :..!!�. � f 1 ..` �Ir.�_�......�_._._.....�.••.....�..•.._�..h_ �_• •� ._.+._�.�.r.•r..r _r._r.�..r+.••.
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+_• •. _. _.• � • . •. ..w• •��_�_•-__••�.r•.___._.wr ..,_.._Mw_•�•___•r. �.•_.M��.-. NM.•� �_�•••N�__�.Mr__-f •w.• '{{�,,
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JAN 13 191.4 Al i •ark rt•• p ir•t •I.•11ts n.eL
ice...
• — w a
i ,:
r
C j
(1)) CW a fivmm
August 24, 1983
Ms. Carol Vernon, Director
Charles of Dade County, Inc.
985 N.W. 1 Street
Mind, Fla. 33128
Fe: Charlee homes
Dear Ms. Vernon:
DwIceed is the exmzpt from the Zoning Twct that Judy Miller
referred to over the jI,,e on August 23, 1993. V.a Charles
faster h mts: fall under our category of "Family: a group of
not =r• than eight children, in addition to faster parents,
residing in a hams caring for fosbar children, eta." As
such, the City of Miamd does not require a public hearing.
Please call. Judy Miller at 350-7982 if you have any further
Question.
wry truly Y'�e
Richard K. We
Chief Zoning
MWOP :qa
4 '�--
. � n �•. r,►R�
oc: ibay Miller
't Services file
�
Zoning Section
.
RECEIVED
AU6 2 9 t9�3 4 y
Ailed ......... too {
FIRE. RESCUE 6 INSKCTIOh SFRVICjS Qr['AR.1MFv1 d�wr a
Ol.'IlD1 G AND =r�A1hG DIVISION / 27S N W. ;nd Sueet / P.O. Pn. )J "'q�► i Mgmi; h 33
L hiet-H.w ItkF'. Direnoi .1 D-K 1"ms: Deputy Chicl
it s
- ,trays > rs ..�'"' r t ii��}a �F•cr
--
_—
4 CIO 4-ti C' CL C 0 - ..%
i "i
is a building containing only one dwelling unit. The term is general, including such
specialized forms as one -family detached, one -family semi-detached, and one -family
attached (row house, townhouses, patio houses and the like). For purposes of these
regulations, the term is not to be construed to include mobile homes or travel
trailers, houseboats or other watercraft containing living quarters, housing mounted
on self-propelled or drawn vehicles, tents, or other forms of temporary or portable
housing, all of which are to be construed as separate classes of dwellings or lodgings.
Dwellin . Semi -Detached. A semi-detached dwelling is o building contining
only one or two U) dwellR753, separated from only one other building containing
only one or two (2) dwellino units by a party wall without openings, and with each
building having a separate lot with at least the minimum digwnsions required by
district regulations for such buildings, or so located on land in -the same ownership
that such lots could be provided.
Dwellin Two -Family. A two-family dwelling is a building containing only two
dwell ng units. he term is general, including such specialized forms as two-family
detached, two-family semi-detached, and two-family attached. For the purposes of
these regulations, the term is not to be construed to include mobile homes,
houseboats or other watercraft containing living quarters, or other forms of
temporary or portable housing, all of which are to be construed as separate classes of
dwellings or lodgings.
Dwellino Unit. A dwelling unit is a room or rooms corrected together,
constituting a separate, independent housekeeping establishment for one family only,
for owner occupancy or rental or lease on weekly or longer terms, physical separated
from any other rooms or dwelling units which may be in the some structure, and
containing independent kitchen, sanitary, and sleeping facilities. Dwelling units
occupied by transients an a rental or lease basis for periods of less than one week
shall be considered lodging units.
Dwellinas Attached. Attached dwellings are buildings containing only one or
two ( dwelling' units o ht with three (3) or more such buildings attached to each
other at party walls without openings. Side yards shall be required only at the ends of
rows of attached dwellings.. Such buildings shall have individual lots, or shall be so
located an land in the same ownership that individual lots meeting the requirements
of district regulations could be provided for each, or shall be so located and grouped
on land in the some ownership that individual lots plus common open space for each
and all groups would yield a lot area per dwelling unit at least equal to that required
for the district. The term attached dwelling is intended to apply to row houses,
townhouses, patio houses, and other forms with three (3) or more buildings attached
to each other, provided that any such building containing more than two (2) dwelling
units shall be considered a multi -family dwelling.
Emba meet. An emboyment is horizontal recess in a building at or near ground
level, with upper portions of the building extending over the space involved. As used
in these regulations, emboyment Is sometimes permitted as an alternative to setting
back the entire wall of the building.
Fatnii . A family is one or more person occupying a single dwelling or lodging
unit, provr that unless all members are related by, blood or marriage, no such
family shall contain over five (5) persons (including servants), but further provided as
follows:
a. In a dwelling unit, not more than two (2) rooms not Containing independent
kitchen facilities and not physically separated from the dwelling unit may be occupied
by a total of four (4) or less roomers, who may also board with the family. Four (4) or
less boarders, including but not necessarily restricted .to roomers on the, pr4rnises,
may be accommodated.
b. A #cmily may also include a group of not more than sight.(11'ehiNcten, in
addition to foster parents, residing in a home caring for faster children, wit1 Wtotal
number of children including natural children of the foster parent, pravlded that'wch
3b-5 4 ,r
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home is approved by apppropriate state and/or local agencies. �
The term "family" shall not be construed to mean fraternity, sorority, club, or
institutional group.
Floor Area Non Residential. See Sec. 2012.3.2.
Floor Area Resi ties . See Sec. 2012.3.1.
raterni oror t�—tudent Center. The terms fraternity, sorority or student
center refer to ildings.or portions, at ildings constructed and reserved primarily
for fraternity, sorority, or student center purposes. Application of the regulations
herein set out is intended to be limited to the physical facilities involved for zoning
purposes only and does not include authorization or control of the organization itself.
A fraternity or sorority under this zoning ordinance shall be construed as an
establishment chartered by an appropriate national or state organization and
approved by the educational institution to which it relates. Such establishments
provide social and recreational facilities primarily for student members (with visits
by alumni and guests) and may provide lodging and/or meals.
For regulatory purposes, student centers operated under religious or other
eleemosynary auspices and approved by the education institution to which they relate
shall be construed to fall under the some zoning controls as fraternities and
sororities, including applicable eontroli on dwelling or lodging units involved.
Front Yard. See See• 2006.S.
- a e a S ecial v Related to Sian Reaulation. See Sec. 202S.1.2, 2025.1.1
Toss Area at an Irrocular Lot. ec. ZOU7. I.
Z"ross Area at a Ke u ar ot. See Sec. 2006.2.2.
roue Flornes tar the Develoomentally Disabled. See Sec. 2034.
• -%"" 9 VYa . nVV.. 1i. VGW aa%r. 4V 1 .i... 10
e�ntace Conservation. See Article 16.
'Home for the Agee see Institution for the Aged.
Hb—m* Occupation. A home occupation is an occupation conducted entirely
within a dwelling unit. bee also Sec. 2003.5.
Homes for the Developmentally Disabled. See Sec. 2034.
H—wizon Are. rWizon arc, as used in relation to view protection in these
regulat ons, means the portion of the horizon (in degrees) involved in the view being
protected.
Hotel Motel. A hotel or motel is a building containing eleven 01) or more
lodging units, primarily for rental to transients. Where a group of buildings contains a
total of eleven (I 1) or more lodging units, the lot shall be construed to be in motel or
hotel use.
Hotel. Apartment. See Apartment Hotel.
r 0 iaen'�ce. See Residence Hotel.
Homing for UWMderlX. See Sec. 2017.5.,
umer court. se bec. al jai I.I.I.
Ins its u'tiW7or the A p-Iome for the Aced). An institution for the aged (or
home far t 1s a ace ity for the care of Me- aged with routine nursing and/or
medical core and supervision provided. An institution for the aged is in the nature of
a nursing home, but with clientele restricted to the aged. An institution for the aged
is not to be considered as housing for the elderly.
Interim Zoning District. Special Public Interest. See Sec. 1900.
interior Lot. See Sec. ZOOK
Rlraaular't See Sec. 2005.6. y
Junk Yard. A junk yard is a place, structure, or lot where junk, waste, ,
discar pr ucts, salvages, or similar materials such as old metals, wood, lumber, 5`
glass, paper, rags, cloth, bagging, cordage, barrels, containers, etc., are bought, sold,
exchanged, baled, packed, disassembled, stored, or handled, including used lumber and
used building material yards, housewrecking yards, heavy equipment wrecking. yards,
and yards or places for the storage, sale or handling of salvaged house wrecking or
structural steel materials. This definition shall not include automobile wreaking and
� S
36-6
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ZONING �}� r, 13702
ARTICLE 37. INTERPRETATION; CONFLICTS Y
See. 3701. Provisions of zoning ordinance declared to be minimum or maximum
requiremeat&
In their interpretation and application, the prorislons of this sonin3 ordinance shall be
held to be minimum rtgnf: - noo or maximum limitations, as the case may be, adopted for
the promotion of the public healthaftt7. morals or general welfare.
Sec. 370L Rule concerning oou icts with other regulations.
Whers the requiresreati of this zoning ordinance we at va bdm with the requhuments
d a" other io+eenasm-ally adopted restate, ru* regulation ordimncs. or code, the most
ree led or that imposiar the higher standard shall govern.
It is not intended by this coning ordinance to interfere with, abrogate. or annul any
essemsats. covaaaats, dead restrictions, or agreements between private parties. provided that
where the regulations set out in this mnins ordinance art mare restrictive than such sass.
ments. covenants. dead restrictions, or agreements between private parties, the restrictions of
this somas ordinance shall govern.
i • .
13602
power rental or lease on weekly or longer tetras, physically separated !from any Aber rooms
or dwelling unit which nmW be in the agar atevd s, and containing independent kitchen,
smaRmy, sad sleeping tad! Um Dwelling units ooeupied by transients an a rental or isase
bade for periods of lam than me (1) week shall be considwed lodging snits.
DwsUL%& omodsed Attached dwellings me building containing only ome (1) cr two (2)
dwelling units sack with th m (ln or move snob buildings atteched to each other at party walk
witbout opmiop. 81da yards AmIl be required only at the ands of row of attacbed dweeUinVL
9ueb baildlap sbaU have bmHvidmd lob, or shall be a located on land is the name ownership
that individual lots meeting the regniremenb of district regulations could be provided (or
each, or sMU be a located and stooped an land in the same ownership that individual lots
plus o mmoa opem space for each and all poaps would yield a lot arms, par dwelling unit at
bestegral to that rsq do d for the dimb" The twm attathsd dwelling is intended to apply to
row hamm townhouses. patio boom and ocher lama with tbree (3) or more buildings
attached to each otbsr. p vvided that any rich building aontaiaimg mots than two Cell dwelling
meld"bo oomsidsnd a multifamily dwsHis&
�im8edsosat An embsymeaR is hcrisontai reoass in a building at or near ground level,
with upper poetloas of the banning wog over the space involved. As used in thane
reguladum embsyaasat is somadmes permitted as an alternative to setting back the e-01, 1
wall dtbe boildh*
FWWb A haft lo ace W ar more perroms ooe gWft a single dwelling or lodging unit.
prov" that unlsm AU nmebam are related by blood, marriage, or adoption. no such family
shall am dells over tbrae CI) parsons (including senantal• A family mmy aim include a group of
not mars theta eight () ehildma. in addition to foster ableets, residing in a home caring for
foster d1lubsu, with the total amber of cU*mn natural child m d the fssAr
psisat. pntvidsd that ouch home is approved by awvpdats state as ftr load @#"OWL The
toes 41=W shall ant be P R - I e a to peas hateraity.,soeaft, dub. or imetitdiaaal group.
�%a/' a/M4 a011----2 See sedim 2012AL
li+siorsiyt aononfbt atttdaat areas. The terms "aateeaity." "sororlq►" a "aludmst asntae"
• refer to bWUbp or pwdm ofbuildings coastracted and rosin primarily for 4ata:d g,
=41or mpldemt aortae purposes. Application of the regolatlom benia set out is intsoded
to be drafted to tits pbydcal lsdhdu involved !ar sooimg pmposss only and does mot ioadode
autbooiestioa or owudol dtbr aegani:itlam itssiL '
k A fratsenity or sorority adder this somiag ordinance shall be constsaed se an
meet Awbuid by an app gouts mational or state arpaisadon and approved byaLR e o
thud iaatitatiao to which it relates. Such provide nodal ants d l
tadlitise Pima* for sbdent membars (with vWb by alumni and gumW and may pwjds .
lodgieg aodkr meals.
tar eugulatoey purposes, student asters opwtad under rsligiow aR ot>#se eM�!!�►�w7
auspior and appevved by the effimtioo.instibstim to which lbsy reLts shafts be aoodeWd to
%*Ka t
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OF ITEM 3
fr�
3. Appeal by an aggrieved party of the Zoning Administra-
tor's decision by letter dated July 28, 1986, addressed
to Mr. Philip Ward, CHARLEE of Dade County, Inc., that
the CHARLEE program facility located at 1640 South
Bayshore Drive is a Community Based Residential
Facility (CBRF) as per the City of Miami's Zoning
Ordinance 9500, as amended, Subsection 2034.1.
Secretary administered oath to all persons wishing to
testify on this item.
Mr. Perez-Lugones: Let's wait until the room is
empty rather than... until the people from item 2 leave the room.
Mr. Gort: All right, let's wait about three
minutes until we clear this then you can go ahead with the
procedure, but let's wait while...there's people coming in and
out. Let's take a five minute break.
Mr. Perez-Lugones: Five minute break.
(Board took a short break while the individuals from
item 2 left the chambers.)
Mr. Perez-Lugones: Mr. Chairman, we will pick up
where we left it. All those who are in favor please, of item
number 3, please raise your right hand to be accounted for. -
Those in favor, item 3. Those in favor, item 3, please raise
your right hand to be accounted for. Those in favor.
Mr. Villalobos: For a point of clarification,
could we identify what in favor is and what against is, please.
Mr. Perez-Lugones: In favor means that they...
Mr. Gort: Excuse me, sir. Why don't you
explain... since this is a completely different procedure from
what we're used to hearing all the time. I think this is about
the third one that we're going to have. Would you, before you
call anybody, explain the procedure then they can decide who's in
favor or against it.
Mr. Perez-Lugones: There is an appeal to the
decision .of the Zoning Administrator who has ruled that the
facility in question is a CBRF. The appellant is contesting that
decision of the Zoning Administrator... and when I say who is in
favor, I am signifying who is in favor of the appellant that this
is not a CBRF. So at this point, when I say who is in favor it's
of the petitioner, the appellant which is the CHARLEE of Dade
y
County. Okay? So who is in favor of the petitioner at this
point. Those who are in favor, please. raise your right hand.
Unidentified gentleman: Mr. Chairman?
.z
a:
Mr. Gort: Excuse me a minute. Let me see
}
if I can put some... the people...what's in front of us is an
appeal to a decision that was made by our staff. Some individual
came to our staff and said I want to put this type of facility in
"You
"#
this neighborhood, staff says, qualify, you can go ahead and
use the facility." The neighbors did not believe that this was
the right decision' to be made by staff and they went and appealed
the decision that was made by staff...
Mr. Perez-Lugones: No, no, not no...
}
Mr. Gort: S tart again.
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1 October 6, 19860 I`tgm 3Y
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Mr. Peres-Lugones: Let's try it again. Staff...by
the staff we mean the Zoning Administrator...
Mr. carts
Right.
Mr. Perez-Lugones: ...decided that the facility
known as CHARLEE of Dade County...
Mr. GOrtt R ight.
Mr. Perez-Lugones: ...is a Community Based
Residential Facility...
Mr. Gort: Right.
Mr. ' Perez-Lugones: ..in doing so, that = -
automatically triggers a certain particular procedure in order
for that facility to be approved. which means that it's that type
of facility can only be approved through Special Exception which
is something that is within the realm of jurisdiction which
requires... it is a public hearing. Now the applicant, in this
case CHARLEE of Dade County, contests that decision through this
appeal that they are not a CBRF and therefore, they don't need to
have a Special Exception approval in order to have that facility
established at that location. Therefore, being the applicant
CHARLEE of Dade County, when I say those who are in favor, are
those who are in favor of the appellant that this is not a CORE,
in other words.
Mr. Gast: Okay. All right. I think
we're...
Mr. Perez-Lugones: I don't know how to put that in
so many other words. Keep your hands up while we count please.
Those who lay people who raise their hands, keep your hands up
while we count again. Lori, make sure that we get everybody.
Keep your hands up please. I'll tell you when to...when you can
lower your hands. Thank you very much.
.Now, those who are in opposition. Those who believe
that this is a CBRF, therefore, it has to go through the Special
Exception procedure, in agreement with the staff of the City of
Miami, the Zoning Administrator, please raise your right hand to
be accounted for. Keep your hands up while we count please.
Keep your hands up while we count. Thank you very much.
Now, we are going to proceed following this order if I
may suggest, Mr. Chairman. We will hear from the applicant which
is .CHARLEE* of Dade County, at this time, when you decide to open
up the meeting...
Mr.. Villalobos: Mr. Chairman, just for the point
of order please. Jose Villalobos. I'd -.like to find out...
Mr. Gart: Your address please.
Mr. Villalobos: Sir?
Mr. Gort: Your address.
Mr. Villalobos: 1401 Ponce de Leon, Coral Gables,
Florida. I' d like to find out for the record how many of the
persons that raised their hands in favor are neighbors of that
particular area.
Mr. Garb You mean resident of the area?
Mr. Villalobos: Right.
Mr. Brooks: Mr. Chairman, if I may be heard?'
-Mr. tort:
Excuse
me, sir. Wait a
minutes
I have something in front
of me first.
7.1
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4 6
c tober , , 1986 ,
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Mr. Brooks: He's the app... '
Mr. Gort: Someone asked a question of how
many people are residents of the area.
Mr. Peres-Lugones: Those who... those who are in a
favor of the .. .
Mr. Gort: Live in the adjacent area,
adjacent to the...
Mr. Perez-Lugones: ***those who are in favor of the
application by CHARLEE of Dade County, please... and are residents
of the area, please raise your right hand while we count. Those
who are residents of the area and in favor of CHARLEE of Dade
County contesting this interpretation.
Mr. Villaloboss • Would you also describe what the
area is about, please.
Mr. Perez-Lugones: . Okay, and they ... when I mean
resident of the area, I also imply, if I may, that you are within
375' from the boundaries of this facility. Okay?
Mr. Gorts Once again, ask the question.
Mr. Perez-Lugones: I'm sorry, 1---I'm so used to
37S' . Those residents of the area within 375' of the Dade
County...I mean, CHARLEE of Dade County facility, please raise
your right hand= those in favor, residents of the area and within
37S' of the facility, raise your right hand. Keep your hands up
while we count. Lori. Thank you, thank you very much. Can you
'read back the numbers please.
Ms. Lutes: You have 7 residents that
live... that are . in favor of the petition; 48 that are in favor of
the petition and 33 against.
Mr. Perez-Lugones: Thank you very much.
Mr. Gott: Okay, go ahead, sir.
Mr. Brooks: Mr. Chairman, members of the
Board, my name is Gary Brooks. I'm here with Sarah Herald. We
are members of the law firm of Fine, Jacobson, Schwartz, Nash,
Block and England with our main office at 777 Brickell Avenue,
Miami, Florida. We are here . tonight representing the following
entities, CHARLEE, C-H-A-R-L-E-E, capitalized letters of Dade
County, Inc. which is a Florida, not far profit corporation. We
are also -here representing Asma, A-s-m-a, and Fada, F-a-d-a,
Afpimcs A-f-p-i-m-o-s, who are foster parents and we are also
here on behalf of those entities who in turn are acting on behalf
of and as next best friend of five children, minor children,
whose first names only I'll recite for the record inasmuch as
State law prohibits our revealing their full identity in public
{=
foarums# Christina, Ignacio, Onelia, Roberto and Crystal.
We are here tonight to appeal a decision of the Zoning.
Administrator that the foster care home which has been identified
for the record as 1640 South Bayshore Drive in the City of Miami,
does not fit under the definition of a foster family home as
defined in the City of Miami Zoning Code. I would urge this
4.
Board to consider that this is an appeal from that decision. it
R
is not a public hearing in the nature of whether or not peoplex
like the facility or don't like the facility or want the facility
cc don't want it in their neighborhood. The courts have ruled • in
an appeal of this nature the issue is essentially a legal issue
}
for this Board's determination and the issues which we will pose
for your consideration are legal issues and in no way do they
hinge upon whether or not somebody in the neighborhood likes it
or not. This is despite *the fact that the people, sans of the
people we have brought here are immediate neighbors of the
r
facility and also representatives of homeowners groups. which
1'
consists... in turn... of people who live in the neighborhoodAL
,
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3 October 6, 19060 I
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Zoning Board
`:Y_:,.A z-.-. Y_e _ �,I t t w�YY9Q.'S .35'Y f.- ii_Yft LY`_A ' '' V ^� . �`(v::• 9 •$P
For the record, I think it's very important that we
have in the record the letter which comprises the decision by the
City of Miami and I just want to determine if that document is in
the record and I'd like it to be identified and marked by the
Clerk. That is a letter dated July 28, 1986 addressed to Mr.
Philip Ward of CHARLEE of Dade County, Inc. It's on the City of
Miami stationary and it's signed by Joseph A. Genuardi, PE,
Assistant Director and Zoning Administrator. Is that in the
record, Mr. Clerk?
Mr. Perez-Lugones: Yes.
Mr. Brooks: Thank you. What I'd like to do
now is tell you the order of our presentation. We do want to
make this as expeditious as possible: ,andttherefore, although as
you can see, there are at least thiitty -to' forty people here who
would like to talk on behalf of our appeal, we have tried to
limit that number and we have tried to talk with these people
ahead of time to make their comments as limited as possible and I
hope you will be appreciative of that fact although our
presentation for legal purposes might have to be somewhat
lengthy. We do need to make a record under the procedures that
have been established by the City of Miami and the courts and for
any future purposes a record must be made here and I hope you
will indulge us in our presentation of testimony and other
evidence which goes to these legal issues.
First, I'd like to tell you what our position is so
you' 11 have an idea of what the basis of our appeal is and then
next I will ask certain persons to make statements to you using
direct examination in some instances, and then in all fairness,
there may be some people here who support the application and the
appeal of wham we have no knowledge and I would ask the Chairman
to ask those persons on their own whether he will entertain' their
statements.
our position is threefold. First, we believe that the
United States Supreme Court has definitively ruled that govern-
mental entities no longer have a right to make distinctions
between certain classes of people in ,order to impose zoning
restrictions on them. We believe that the requirement of a
special exception here violates the equal protection clause of
the 14th amendment and that the rights both of CHARLEE and of
these children will be infringed by any consideration of
requiring this foster home to seek a special exception, and
therefore, our first ground is that this appeal should be granted
because the City has no right legally to require a special
exception to be sought.
-Second,, we believe that we are in full compliance with-,
the City's Zoning Code as defining family foster Bare home and we
will present testimony by State of Florida HRS officials directly
contradicting, the conclusion that somehow Mr. Genuardi states in
his letter that the State does not consider this a foster home;
it is a foster home and if it is a foster home under. your
ordinance, there is no legal basis to require that CHARLEE seek a
special exception.
Third, we are raising the issue of equitable estoppel
What equitable estoppee very briefly means is that once a party,
an entity, comes to a municipal body and says, "I want to do
something and I want to know if I have the proper zoning for ' it, "
and that City acts in some way either by telephone statement,
direct statement, Letters, and we do have all three of those
which occurred here, and in reliance upon that formal statement
by the City official, the entity, the party, CHARLEE, expends
great sums of money, and in other senses relies, it is too late
for the governmental entity at acme Later point in time to say,
"Well, we're going to change our definition. We're going to
change our conclusion. We're now going to require you to seek
zoning relief." That is adoption known as equitable estoppel ' and
we will show you how in reliance upon statements made by City of
Miami officials including a formal letter that was sent to
CHARLEE, CHARLEE purchased the subject home at a cost in excess
of $1400000, spent in excess of $40#000 renovating it and most
important, most important, made a commitment to HRS, the State of
4 October 60 1986,
Zoning 8oard
par
Florida, Dade County and your community and placed five children,
dependent children who have nowhere to live, who are now living
in that home, in that home.
The first point which we would like to make for the
record is the initial legal point which is the constitutional
issue. In a case which, incidentally, I provided to Mr. Genuardi
in a meeting with him at least a month ago so that he could
review it with the City Attorney in hopes that we would get a
formal opinion from him for tonight, the name of that case is
City of Clayburn, Texas versus Clayburn Living Center. It's in
volume 473 of the U.S. Reports. I don' t have the page number and
the copy before me was decided July 1, 1985. The United States
Supreme Court had before it a municipal ordinance requiring that
a group like CHMLEE, an entity, that wanted to operate a home
for the mentally retarded had to seek a special exception,
virtually identical ordinance to ours in the City of Miami.
Mamely, if you want to get some sort of use, or a number of
people, you have to seek a special exception. The United States
Supreme Court held that there was no basis as far as it could
determine for the record to justify treating mentally retarded
people differently from other people who resided in that zoning
district. There was no evidence whatsoever saying that society
somehow needed the protection of the City in order for them to
live in the same number, the same quantity of people, as other
people who desire to live in that particular zoning district.
The court ruled that it was a denial of due process to require
these people simply because they were mentally retarded and in a
different classification from nonmentally retarded people, to
seek a special exception in order to live together. That case is
directly analogous here, ladies and gentlemen. There is no
basis, whatsoever, and we will put on testimony from the most
knowledgeable people which we have in Dade County from HRS
itself, from a member of the School Board, from officials who
work . for the School Board, teachers, principals of children who
live in this home, psychiatrist who deals with children, who will
testify and we will give you statistics that show there is no
basis, whatsoever, under the law, for any municipality to treat
children, who through no fault of their own, through no guilt of
their own, from no wrong doing of their own, differently when
they are placed in a foster home, namely a home with two
nurturing parents who simply because they are not biologically
tied to the children still provide the same type of surroundings
and perhaps even better than biological parents do to their
children and that is the only difference here and there is no
evidence, I suggest to you, that exists and we will show to the
contrary even though we don't think we have the burden, to
indicate that somehow a city has the right or the responsibility
or the need to somehow point a finger at these five children and
*"You are different from people living... from children living
with their biological parents and we have to treat you
differently and if you want to live in a neighborhood, you have
to go befori a public hearing, and you have to be subjected to a
lot of people who don't know much about you or afraid of you for
no reason whatsoever, other than the fact you're called foster
children." That is illegal and it's unconstitutional and we urge
you to grant this appeal on that basis alone because quite
frankly, that's the most important basis. It's time for, this
community, for every community, to stop treating people who don't
have full advantages as if somehow they don't belong in the midst
of our society but have to be relegated somehow to the Everglades
and the United States Supreme Court one year ago has pronounced
that as a matter of constitutional principle.
Our second point is also a legal point and quite Y
frankly I think it's less important than the first point, and
that is that we are in compliance with the City of Miami Zoning
Ordinance. When we came to the City of Miami, and we'll have :r
testimony on that, it defined in its ordinance what a family was,
and quite frankly, the City of Miami is to be commended because ;
its definition of a family was somewhat progressive compared to
many other cities. '"A family", the Code said and still says,
"may also include a group of not more than eight children in
addition to foster parents residing in a home caring for foster .
5 October 60 1986,
Zoning Board
p� z
I te�t'�`
children with the total number of children including natural
children of the foster parents, provided that such home is
approved by appropriate state and/or local agencies." Ladies and
gentlemen, that is what CHARLEE is, five children, foster
children, two natural children, living with two married persons,
one a former nurse with a nursing background, the other a
student. We fall under this definition and in 1983 we were told
we had a right to buy a home and to run this foster care program.
Somehow Mr. Genuardi and I think he acted in good faith although
mistakenly, got the impression that the State did not consider us
a foster home. Well, we are here with the State officials
responsible for administering this program who will tell you, and
their lawyer is here too, if it's necessary, to tell you that the
State of Florida, HRS, in spite of what interpretation may have
been received by *Mr. Gqjnuardi, does consider CHARLEE to be a
foster home. It'_is licensed -as such. The parents have a license
as foster parents.
Now at this point I would like to proceed with the
actual testimony. I think you've gotten the point about
our...with respect to equitable estoppel, what the legal
principle is, and we do have to put on evidence in that respect
and the first person I would like to call to testify in this
matter is Nan Rich.
Would you please state your name.
Ms.
Rich:
Nan Rich.
Mr.
Brooks:
And what is your position with
CHARLEE, Mrs.
Rich?
Ms.
Riche .
I am president of the Board of
Directors of
CHARLEE of Dade
County.
Mr.
Brooks:
And what is your address please?
Ms.
Rich:
1162' ...
Mr.
Gort:
Excuse me. I feel like a judge
here and I'm
not a judge and
this is 'not a court. I know you
mentioned this
is a legal problem and... but, unfortunately, we're
not a legal body up here. We are a board of directors. If you
want somebtdy
to make a statement on behalf, I would like for
them to come
up here, make whatever statement they have to, but
let's leave this questioning
out please.
Mr.
Brooks:
That's what I'm doing.
Mr.
Gort:
Okay.
Mr.
Brooks:
I'm just having her identify
herself and...
Mr. Gort: Anybody comes in here, name and
address and tell us what you want to tell us that have to deal
with the issues in front of us tonight. Okay? I appreciate it
because we're not a court...
Mr. Brooks:
I understand that.
Mr. tort: ... I' m not a judge and I'm
beginning to feel like one and I don't want to be one...
Mr. Brooks:
Well...
Mr. Gort: ... I'm not prepared for it, I
don't have the study of it, and none of us here, I think, except
for one person is an attorney...so I appreciate it we conduct'
this as a board meeting...
Mr. Brookst I will do my...I do my best, 'Mr.
Gort. I've been advised my counsel who is Stan Price of our
office who I know appears before you that we do have to make' a
6
October 6, 1986,
Z4ainq Board
I tset���
z�
record before this
Board and with your indulgence...
I- know...I
believe Mr. Barket
is an attorney, Mr. letcher
is here, Mr.
Boronco is here, there
was another gentleman, I
believe, they're
attorneys and if I'm
doing anything improper, I
think they will :J
object. I do not think we will have that much
trouble.
Mr. Gort: Once again, their objections do
not bother me. This is our meeting in here; I'm the chairperson
of this meeting and I like to run it this way.
Mr. Brookes I'll do the best I can.
Mr. Gort: Thank you, appreciate it.
Mr. Brookes I will advise you that most of
these people do have just direct statements. I do have to get
their names, addresses and positions for the record.
Mr. Gort: Well, I'm sure they can come up
here and state their name and address and there's a sign there
that anybody speaks in here, the first thing they have to do is
you state your name and you state your address. Okay?
Mr. Brooks: I apologize; Mr. Gort...
Mr. Gort: Thank you.
Mr. Brookes ...but you have to understand; I
hope, that I...well, we've both been doing this along time, we
see where people forget and they don't... and they forget to give
their names. I'm...we're just trying to expedite it.
Mr. Gort: That's why I'm here is to conduct
a meeting. Since it's not your meeting, it's our meeting...
Mr. Brooks: All right. Fine.
Mr. Gort: ...we conduct our meetings.
Mr. Brooks: Once again, sir, I apologize for
the fact...I've had to do this...
Mr. Gorts
Okay.
Mr. Brooks: ...many times in my career.
Unfortunately, the laws of the State of Florida require me to
make a record before you...
Mr. Gort: Fine, you're doing very good
making a record in front of us...
Mr. Brooks: I'd like to do it...
Mr. Gort: ...everything is being taped,
you've got your recorder here, we've got all of the.recorders,
everything is being taped.
Mr. Brooks: All right. I just want to
apologise. I don't want you to think I'm being disrespectful in
some of these things but I do have...
Mr. Gorts No, I understand that. I
l understand you're an attorney....
1 -
Mr. Brooks: ....I hope you understand that...
Mr. Gorts ...you're an attorney but I
like...
Mr. Brooks:
i'�ii�L+�.Hi•.••'R= �R1";}!�K:ai�l.�,^.�uie
All right.
v' • l 4+
7 October 6, 19$60 ItJ901W
Zoning Eloard
_ •fa' 4 •�� .ILP_i4E,s_fl•A•��h T'fYs�°z.:'1{�•^-,alY� �—
Mr. Gort:
everybody will understand.
Mr. Brooks:
Mr. Gor is
Mr. Brookes
Mr . G or is
please.
...to explain our procedures so
All right.
Thank you.
All right.
Yes# ma'am, your name and address
Mr. Brookes Mrs. Rich has given her name,
-address, her position, how long have you been with CHARLEE then
`Vll ileti you...
1 r I _i•
Ms. Riche I didn't finish the address. if
you'd like the complete address, .11621 SW 57 Court, Miami. I
have been with the CHARLEE program since its inception
in... actually when we started to put it together in 1982.
Mr. Brookes Would you please make a
statement.
Ms. Rich: Okay. Ladies and gentlemen of
the Zoning Board, the following is a brief summary of what the
CHARLEE program is and how it operates in our community. CHARLEE
is an acronym for "Children Have All Rights Legal Educational
Emotional". CHARLEE is part of a nationwide network of family
care homes for abused, neglected and dependent children sponsored
by the Menniger Foundation of Topekee, Kansas. CHARLEE is made
up of affiliated, nonprofit corporations throughout the country
that establish family care homes in their own community. In
1962, CHARLSE of Dade County was founded by a coalition of
organizations which included the Episcopal Diocese of Southeast
Florida, the Junior League of Miami and the National Council of
Jewish Warren. CHARLEE was initiated to provide long-term family
care homes for dependent children long recognized as a critical
need in Miami and Dade County. The CHARLEE model is not based on
clinical treatment or on institutionalized correction but rather
on restoring patterns of everyday interaction that any normal,
healthy family enjoys. Children participate in and became a part
of a family group. Each home has six children ranging up to 18
years of age. The homes are established in residential
neighborhoods. The children attend the local schools and are
encouraged to participate in school activities and make friends
with the neighborhood children. For many of these children, it
may .be the first time that they have ever felt they really
belonged. Central to the model are surrogate parents who are
program executive director. The
a i um of six abused, neglected, dependent
children move into a hone which CHARLEE of Dade County owns. The
children come to the CHARLEE program primarily through the State
of Florida. These children are the children of parents who are
unwilling, unable or unfit to provide parental care. These
surrogate parents, in fact, become their parents and the house r'
becomes truly a home. Mgnniger Foundation and CHARLEE of Dade
County provide ongoing training for the surrogate parents and
support staff. The parents provide love, discipline,
understanding and acceptance that each child needs. The CHARLEE
program is foster care and it's foster care that works. The
first CHARLEE home in Dade County was opened in 190. Initial
cost for the home including substantial downpayments on the home,
furnishings, purchase of family cars, are provided through
donations of civic organizations, foundations, corporations and.
other interested citizens. The cost of maintaining the program
is borne by the State of Florida through a per diem stipend for
each child participating in the program.
You want me to go on? .
Mr. Gorts Thank yoo, ma'am.
r 4.
• ` ,�.
8 October, 198ff �' It*
Ms. R ich: I have one other...
Mr. Brooks: Could you advise the Board of the
circumstances surrounding your obtaining approval for this house?
Ms. Rich: Based an information received
from the City of Miami on the telephone, in personal
conversations and in writing, through a letter dated August 24,
1993 from the Chief Zoning Inspector of the City of Miami, we
took the following steps at great costs and great effort. One,
we purchased the house at 1640 South Bayshore Drive for $143,000.
We renovated and furnished the house in excess of $40.000. We
purchased an automobile. We contracted with Mr. and Mrs. Afpimos
to became the foster parents. We made a commitment to the State
of Florida and MRS and most importantly to the five children
living in this house to provide them with quality foster care.
In our opinion, it is now too late for the City to change its
mind.
Mr. Brooks: Bef or a you s i t down, do you h ave
a copy of the letter which was received by CHARLEE from the City
upon which you relied?
Ms. R ich:
Mr: Brooks:
into the record, Mr. Chairman?
ask...
Mr. Fletcher:
Mr. Gort:
Yes .
Could we have that marked and put
Mr. Chairman, is it possible to
Excuse me, wait...
Mr. Fletcher: I'm sorry. I beg your pardon.
Mr. Gort: One at a time. Yes, sir.
Mr. Fletcher% Is is possible to ask a limited
number of questions of Ms. Rich?
Mr. Gorts No. Let me tell you...lat me
tell you how it is and I'll try to say it 'one more - time and I
know there's people pro and against and we're trying to be as
patient as we can. If we were to conduct this as a court roam,
.We're supposed to speak...and I'm not an attorney, please correct
me, sir, or our... there's a lot of the' things here, we're
listening bare, we do not have to Listen to. I know we're all
interested in this, that's why we're here but if we try to
present this as a court roam, we're going to be here until 3
o'clock in the morning. I don't have any problem because you've
got all your people who want to speak and then what's going to
take place...for everyone who speak in your behalf, somebody will
want rebuttal an the opposite... in the opposition. So if you got
so many people asking questions and making statements, the
attorneys an the other side are going to be playing•.the same game
and then if I allow it, we'll stay here all evening. It's up to
you all. I don't have any problem. My wife told me I could stay
until 3 o'clock tonight so I don' t... I told her the type of
meeting that we're having tonight and I'll put it in the record
so I don't have any problem but I want you to understand that. I
know you're looking at us and once again, we're not a court room
in here. This is a board. We listen to and we like to
stag... if you have someone, please come over, let them make
their presentation...
Mr. Brooks: Mr. Gort..s,
Mr. Gorr: ...if you go back and forth with
the questions, you're going to have the other attorneys doing the
same thing.
9 October 60 1908 I
�. Zoning Board
Mr. Brooks: What I'd like...what I'm trying
to advise the Chairman is, I have done this for many years. I
have found that the way to make the quickest presentation is to
try and get the people ahead of time, give them the questions so
they can focus on something specifically and we have found that
we save hours doing it this way rather than just letting people
get up and making, you know, broad, rambling statements. I'm
trying to help you and...
Mr. Gort: Believe me, you're not...
Mr. Brooks% ..61 don't know that I'm
convincing you of that. That's the whole problem.
Mr. Gorts You're not. You're not helping,
unfortunately.
Mr. Brooks: I'm telling you it's much shorter
this way than just letting people getting up.
Mr. Gorts I've been sitting here for a long
time and, you know, so far, up to now, we've had very good
controls at all our public hearings. This is the only one that's
really getting a little bit out of it.
Mr. Milian% Mr. Chairman ... Mr. Chairman...
Mr. Gort: Mr. Milian.
Mr. Milian% ...I'd like...it seems to me I'm
missing the point here. What we are trying to decide here
tonight is an interpretation from the Zoning Director...
Mr. Gort: That is right.
Mr. Milian:
a CBRF...
Mr. Gort:
about.
...I mean whether it is or is not
Not what the program is all
Mr. Milian: ...we are not looking here at
the... at whether the program is valuable or not. That is
something for... to be decided at another time. It seems to me
that we're making a presentation here in defense of the program
and that's really not the issue here. The issue here is whether
it was proper decision the one made by the Zoning Director and in
my opinion, I think that's pretty clear.
Mr. Gort: That is exactly where it is.
Yes, Mr. Maxwell.
Mr. Maxwell: For the record, Mr. Chairman,
members of the Board, this is a lay persons board. Under the
rules of procedure, under appellate rules of procedure, it
operates in a relaxed state. It doesn't operate under the same
strict. requirements of a court of law. Therefore, when sitting
in a quasi judicial capacity, as it is now, it follows the rules
and procedures that it sets forth and those rules are promulgated
in the rules of procedure for this Board. You do havre the
authority to request that any testimony be in a trun..ated
fashion, cut short, as long as they address the issue before the
Board and I am in agreement with you that the issue is whether or
not the decision of the Zoning Administrator shall stand.
Therefore, you can direct that any - testimony be directed towards
that particular issue and preclude any testimony on the other
issues.
Mr. Brooks:
think I can do it.
Mr. Gort:
I'll comply, Mr. Chairman. I
Thank you. You understand that?
10 Oct9ber
Zoning
G , k996,
attar
Amen
1
_
Mr. Brooks: Yes, sir. I'll...
Mr. G or is Thank you.
Mr. Brooks: I think I can do it. I'd like to
call at this time...
Mr. Fletcher: For the record, my name is John
Fletcher. As I understand it then, we will not be asking
questions back and forth of one another's witnesses...
Mr. torts That is correct. That's the
procedure we would like to follow.
Mr. Fletcher: Okay, thank you very much.
Mr. Brooks% 'I will...I think I can...
Mr. torts Thank you, sir.
Mr. Brookes ...comply pretty basically, Mr.
Chairman...
Mrs G or is Thank you.
Mr. Brooks: I'd like to call Berta Blecky to
make a statement.
Ms. Bleckys My name is Berta Blecky. I
reside at 8750 Ponce de Leon Road and I am a member of the
Governor's Constituency for Children both on the State and local
levels. CHARLEE is one of the most successful foster care
programs both in the State and in the country and I just wanted
you all to know that this program is thought of as a f os ter care
home basically because it is long term care as opposed to short
term that you might find in some other programs. Most of these
children are there for three to four• years and the house parents
that reside at the house also are long term. That's their home
and they become the parents of these children which in the eyes
of the State does make this a foster -care home an opposed to a
group home which may be short term. Thank you.
Mr. Gort: Thank you, ma'am.
Mr. Brooks: Mr. Chairman, I don't know if
it's on the record but I'd like the record to reflect that all
the people who will be testifying on behalf of the appellant were
sworn in on masse before the..* they gave their testimony. I will
ask Ms. Darin Capri to make a statement.
;r
Ms. Capri: My name is Doris Capri. I reside
at 5860 Pinstres Drive, Miami Beach, Florida. I have been
k
employed as the Executive Director for CHARLEE of Dade County,
Incorporated, since July of 1985. Prior to that, foe the seven
>r<
years prioc to that, I was employed as. the Superintendent of the
Dade Juvenile Detention Center. I am, as the administrator,,'
responsible for all administrative responsibilities that include
developirnq and handling a budget, handling contracts, maintenance
of our homes. I hire and am responsible far ongoing training of
>'E
our foster care parents. I am responsible for interviewing and
screening all children who come into our program. I monitor the
program to insure that CHMLEE and the' foster parents are in
compliance with all State Statutes and regulations concerning
foster care including that all these children's rights are not
violated, that they are insured a safe, clean, healthy
environment and that nutritional, educational and recreational
needs are met. I am also...maintain the records for the program
including *krticles of Incorporation, bylaws, agreement between
the Menniger Foundation of Topskee, Kansas and CHA$tLBS of Dade
County, Incorporated, also the contract between the State of
Florida and CHARLEE of Dade County, Incorporated. I also have
X y
.._ T
ar 9
here a... information that was taken from the direct records of
the State of Florida Health and Rehabilitative Services that
indicate the at risk population that we serve. The ages of 10 to
17 in Dade County, the risk population is 184,781 children.
Delinquent referrals to the State of Florida for a twelve month
period covering September 1 185 through August 31 '96 were 8,042
clients which represent 41 of the population. During the same
period of time, we served a total of 33 children. We had one
child that was referred to the State on a charge. This
represents 3% of our population clearly indicating that we pose
no greater risk to the community than the rest of the population
does. Specifically, the children in the residence on South
Bayshore Drive have had no referrals to the State agency other
than those that included neglect, abuse and/or abandonment by
their natural family.
Mr. Brooks: Kra. Capri, would you indicate to
the Board whether or not there have been any incidences of
violence involving the children in the subject home, any
instances of trespass, theft, burglary or any other police
incident or reports made to the police of any children who have
ever lived in this home?
(Unidentified gentleman spoke out from the audience.
inaudible.)
Mr. Gort: Listen, if you want to, I'll
defer this item, we'll listen to it some other time in the
future. I mean, I can take...we can take that decision as a
board here. If you want us to do that, we' 11 do that.
Mr. Barket: Mr. Brooks, I think she's
answered that question in the statement that she's given.
that.. .
Mr. Brooks: Okay.
Mr. Gort= Come on...
Mr. Brooks: Go ahead, Mrs. Capri.
Mr. Gort: ... once again.
Ma. Capri: 1 would like to further state
Mr. Maxwell: Mr. Chairman?. Mr. Chairman?
Ms. Capris ...the children that are....
Mr. Gcrt: Excuse me, ma' am. - Yes, sir.
Ms . C apr is Yes.
Mir. Maxwell: Maybe a comment from the City
Attorney's office will help. The testimony that I'm hearing
right now would go to whether or not this Board at a later date
would issue a special exception or not, not whether or not this
is a foster home cc not, and I would suggest to counsel that at
that particular time, that would be the appropriate time to
render this particular testimony. The question... and I thought
what he was doing was qualifying the witness as an expertg then
she would testify as to whether or not it was a foster home and I
think that would be the appropriate thing for counsel to do at
this time and also to do for all future witnesses.
Mr. Brooks:
Mr. Barket:
Mr. Gort:
Mr. Brooks:
Mr. Chairman, I respectfully...
The question...
Excuse me...
I'm sorry.
12 October 6, 1986s Item r.
Zoning. Boarc( _.:
Mr. Gort: Excuse me.. , excuse me. Yes, air.
Mr. Sarketb The question that we have here
before us tonight is whether or not the City acted properly in
letting CHARLEE home: go in where they did. That's alls We don't
want to listen to any statements or anything. 'That's the whole
questions. Did the City act in good faith in permitting them to
operate their home there under the City Ordinance? That's its
If we're going to go beyond that and go into issues and more
facts then I think that we'll just defer this matter and I'm
ready to make a motion that will defer it until you people want
to hold the issue to what it is.
Excuse me.
Mr. Fletcher: Mr. Barket... Mr. Chairman...
(Applause from audience.)
Mr. Gort: Excuse me, sir. Wait a minutes
Mr. Fletcher: Yes.
Mr. Gort: Hold it peoplet Cane ant We've
got something to settle here. We're not going to do it this way.
Let's try to be reasonable and let's try to cone up with a
decision here. Yes, sir.
Mr. Fletcher: My name is John Fletcher, 7600
Red Road and ordinarily I could see that it would be appropriate
to defer an application where the applicant is filibustering or
is doing something that displeases the Board contrary to its
rules. Unfortunately, in this case, they are already occupying
this place illegally according to your director so if you defer
it or continue it all you do is play into the hands of the people
who would like that. The neighborhood here is in opposition
because it does exist and they know it and please do not defer
its we need to have it resolved. I understand your...how you
would be concerned about this.
Mr. Barket: Mr. Fletcher, I'm not playing
into their hands. He cited the Clayburn case. I'm very familiar
with that case. That went up to the United States Supreme Court,
eight years to get there. If you notice in your brief there that
that case was heard twice before the United States Supreme Court
and three months later they rendered an opinion. In that case,
the Supreme Court of the United States just kept saying that you
have to treat the retarded children and give them due process.
That's all that case kept saying. You've got to afford them due
process and we are. • Now we're going to give these kids the due
process but we want to limit it to the issue that's before the
Board.
Mr. Brooks: Well, I apologize again but I
stated that we are challenging the decision requiring us to go...
Mr. Gort: Fine...
Mr. Brookes ...for a special exception on...
Mr. Gorts ... then stay to the issues of the
decision that you are challenging.
Mr. Brooks:
I am putting on test.. .
Mr. Gorts You had a lady that came up here,
she spoke for two seconds, she made more sense than anything also
that's been said before.
Mr. Brooks: I don't know how to satisfy our
burden of showing that what the City is attempting to do is
unconstitutional without putting on the testimony that appears to
13 October 6, 1986, Item 3,
Zoning Board
Lit
t
be required by that Supreme Court case which is testimony showing
that our children should not be treated differently from children
in the community at large.
Mr. Goct: Mr. Maxwell, let me ask you a
question. My understanding is we can limit the amount of time
the person can speak.
Mr. Maxwell: Yes, sir.
Mr. Gort: Okay. From now...
Mr. Barket: You want me to make a motion that
it will be limited to a minute and a half per person.
Mr. Gort:
That's correct.
Mr. Barket: I'll make a motion that anybody
that speaks tonight is limited to one minute and a half.
Ms. Morales:
Second.
Mr. Perez-Lugones: All those who are in favor of the
motion, please signify by saying "aye". (All Board members
replied "aye".) All those in opposition. Hearing none, it
carries unanimously.
Mr . Gor t:
Mr. Brooks:
object to that...
process.
Mr.
Gort:
Mr.
Brooks:
Mr.
Gant:
Mr.
Brooks:
Mr.
Gas t:
Go ahead. Next.
For the record, I object. I
Fine, that's good. Next.
...I think it's a deprival of due
Greatl Next.
I would like to...
Who's next?
Mr. Brooks: I would like to advise the Board
that in order to comply with what I think the legal requirements
are, I will be proffering testimony for the record at the
conclusion. of this hearing. Perhaps that's the best way to go
and' maybe Mr. Fletcher will stipulate...
Mr.. Gocts Next. Do you have anybody else
who wants to speak in favor of this?
Mr. Brooks: Yes, sir. I'd like to ask..-.
Mr. Gort: Let's have them.
}
Mr. Brookss Linda Berkowitz, please.
Ms. Berkowitz: Hello, I'll take a minute and a
half. My name is Linda Berkowitz, 10854 SW 88 Street, apartment
3
388, Miami, Florida. I am the District Administratoc fat the
`=
State Department of Health and Rehabilitative Services, District
ile which is Dade and Monroe Counties. As District
_
Administrator, I am the licensing authority for the State of
-
Florida HRS programs with the exception of those ... with the
exception of nursing homes and adult congregate, living
facilities. As such, all facilities 'for children come within myu
domain. HRS has issued the....this particular home that is
parented by the• Afpimos family as a foster home. It is our legal
i:.
opinion that they qualify as a foster home. We have issued the
�s
a license which is over my signature as a foster home and we
believe that the CHARLEE prograir fits very well into our f00'03r
Rs- -
ti
_
i — rsM
d3 AR
��..
• 14 Os:tob�t�c 6 R._-194!t114! ._
_Mkk
_
home concept because it allows us to provide a tailored kind of
home for children who have been abused, neglected or abandoned by
their natural parents. This is only one of many different kinds
of foster homes that HRS operates either directly or through
contract provider.
Mr. Gort:
Thank you, ma'am.
Mr. Brooks: Thank you. Carol Hughes.
Me. Hughess My name is Carol Hughes. I live
at 3005 Washington Street, Coconut Grove, Florida. I am a
schoolteacher at Ponce De Leon Junior High School. I was asked
to speak tonight because I have been now for the second year a
teacher of Christina one of the students... or one of the young
people who live at this address and I was asked to speak to let
you know that the student that I teach is an "A" student, no
conduct problems. I have never had a conduct problem with her
and I investigated her other records and she is a "B+" to "A"
student in all of her other classes. Thank you very much.
Mr. Gort: Thank you. Next.
Mr. Brooks: Janet McAliley.
Ms. McAliley: Chairman Gort, members of the
Zoning Board, my name is Janet McAliley. I live at 2025 Secoffee
Street,, six blocks from 1640 South Bayshore Drive. I am a member
of the Dade County School Board. From in the Dade County Public
School System we have many children with special needs but no
need for those children is any greater than their need for a
stable home situation. It is my experience that the CHARLEE
program of Dade County provides an excellent stable home
situation for children who would not have one except for this
program and that is why I have put my energies into the CHARLEE
program of Dade County for four years now and am currently
serving as vice-president.
In the Dade County Public School System if we ever
tried to treat a child differently because that child was a
foster child, each one of you would be down at that School Board
meeting protesting a mistreatment of the child. As a resident of
the City of Miami, as a resident very close to this house, I can
expect no less from my City that you treat children in this
situation as equally as we treat these children all of whom are
in the Dade County Public School System.
Mr. Gort: Thank you, ma'am.
Mr. Barket: Mrs. McAliley, we are not
questioning Whether or not CHARLEE home is good or bad. You miss
the point. What we're questioning is whether or not the City
acted in good faith in permitting CHARLEE home to go there.
We're not saying that CHARLEE home is bad or it's not the proper
place. Certainly, we're all familiar that it is a good place.
We do realize that they're doing a good job but that's not the
issue before us tonight. We keep emphasizing that and you still
came up and say what a good place it is or Mrs. Linda Hughes, the
schoolteacher, that says that this girl is doing an exceptional
job in the school. We're for that. We're for the children but
the question is whether or not the City acted in good faith under
their letter of August 24, 1983. That's alli Please limit it to
that.
Mr. G or t:
Thank you, sir.
(Ms. McAliley began speaking from the audience.
Inaudible.)
Mr. Barket: Get to the microphone.
r�-
Mr. Perez-Lugones: Please...
3{�
15 Dctober 6 1986, Z�
F�
Zoning , Qo�,,r. d
f z
Mr.
Barkett
Get
to the mike so
it will go on
tape.
Ms.
McAliley:
Mr.
Barket, relying
on
that, the
zoning authority decision,
we put our CHARLEE homes
in
the City
of Miami and
knowing that
the need
existed and for
this
kind of
treatment and
we relied on
that and
we've been here
for
years
now.
Mr.
Maxwell:
Mr.
Chairman?
Mr.
Milian:
Mr.
Chairman?
Mr.
tort:
Mr.
Maxwell.
Mr. Maxwell: Sorry.
Mr. Milian: I just wanted to make a comment
because I keep hearing things about the insensitivity and I think
that they're blaming the City of Miami of being insensitive and I
don't think that it's right. I'm starting to resent that. It's
the implication that we're going to be treating people
differently. The fact of the matter is, that the City of Miami
has 60% of all CORE in ... within the Dade County and the other
municipalities are not taking the load as much as Miami so I
think the City of Miami has...had and is very civically
responsible and has accepted a lot of these CBRFs. So it seems
to me that you're just taking ... or taking the presumption that
just because it's... if it were to be decided today that it is a
CORP that it's going to be denied and I don't think that is
right.
Mr. Maxwell: Mr. Chairman?
Mr. Gort: Yes, sir.
'
Mr. Maxwell: With all respect to comments that
have been made to ... by Board members' in the last few minutes, I
would suggest to you that issue before this Board tonight is
whether cc not the Zoning Administrator's decision was correct
that this is not a foster home. What the Zoning Administrator
said was this was a Community Based Residential Facility under
the definition of the Zoning Code. As such, it would have to go
before this Board in an additional hearing to obtain a special
exception. If it did not obtain that special exception,• it could
not do business,. So the question before you is whether or not
this is a foster home or not and that' s it.
Mr. Gorts Thank you, sir. Next.
Mr. Brooks: Joan Goodman.
Ms. Goodman: My name is Joanie Goodman. I?
live at 2512 Swanson Avenue in Coconut Grove. I am the director
of the Guardian Enlightened Program in the juvenile court. The
Guardian Enlightened program is an advocacy program. I work in
the system. We place our children in a variety of different
placements. We place them in community residential placement
facilities, we place them in hospitals, we place them in a
44-
variety of different placements. This is a foster home. All of
the people who work for me, when we make recommendations for
a
children, when they are abused and they need foster home
placement, which is a family setting with two parents that
provide for them a stable situation in a normal environment and
they go to school and they have all of the advantages of a family
situation, we recommend the CHARLEE program to the courts that's
what we do, we make recommendations to the court as to placement
if children -and we -have placed children in residential community
programs, we've placed them in every single program in,D44e
County and out of Dade County and in my experience, the ' CLEB .
program is a foster home and it fits all the criteria of a foataaR`
home. Thank you.��
16 October '60 °1986, V,
-
rs9. _ h9 -'�iY
T _ -
t 4
t
Mr. tort: Thank you. Next.
Mr. Brooks: I'd like to call Asma Afpimos who
is a foster parent in the home and Fad& Afpimos, who's the
spouse.
Ms. Afpimos:
housemother .. .
Mr. Perez-Lugones:
microphone.
Hello, Asma Afpimos. I'm the
You have to... close to the
Me. Afpimos: Sorry. I'm the housemother of
the CHARLEE program on 1640 South Bayshore Drive. I was hired
for this job, if you can consider it a job, as a foster mother.
I'm licensed to be a foster mother. So what you're arguing here
is Whether we are a foster home or not. The ad in the paper was
saying a foster hams for foster parents and foster children.
This is what I am. Thank you.
Mr. Afpimos: My name is Fada Afpimos. I
reside at 1640 South Bayshore Drive and I'm licensed from HRS as
a foster parent. My wife and I do care for seven kids, two of
them are our own and the other five are foster kids. We do
participate in regular family activity. They all go to school,
follow a regular life. These are foster kids. Thank you.
Mr. Gort: Thank you. Next.
Mr. Brooks: Mr. Chairman, the only other
people we would have left are representatives of neighborhood
associations, the Tigertail Association, Miami Civic Counsel and
other people Who live in the immediate vicinity but quite frankly
in light of the Chairman's ruling and Mr. Barket's comments, I
believe it would be inappropriate to entertain whether people
like or don't like the program who are neighbors and the isiue is
essentially, you know, legal and the only other witness I would
have would be Lenny Helfand who is the attorney for the... for the
HRS.
Mr. Helfand: Good evening. Leonard Helfand,
District Legal Counsel, Florida Department of Health and
Rehabilitative Services. I was advised that the City was looking
into the question of what type of facility it was. I did render -
a formal legal opinion to our District Administrator based on the
Florida Statutes 409.168. It does definitely fit under the
definition of a foster home as a facility where foster parents
are taking care of foster children in their home. It does not
fit under a group home or any other type of. facility, and it's
clear under that particular statute that the Department in
considering• it a foster ham*, after researching it, is legally
correct.
Mr. Gor t:
Thank you, air.
Mr.
Perez-Lugones:
Mr. Chairman? Mr.
Chairman, may
10 . .
Mr.
Gort:
Yes, sir.
Mr.
Perez-Lugones:
You don't have in
your packet,
and I want to
put this in the
record, Mr. Helfand's
legal
opinion...
Mr. Gort: Je
Speak a little louder.
Mr. Perez-Lugones: ...dated August 19, 1966 stating
• that the facility is a foster home as par Section 409,175 of
Florida Statute. It is here for your inspection. Could you pass
it please... ;;Nx
s
17 04"Oor: b
�--
33 Y
�y L
Ms. Basilan
Code?
How does that coincide with our
Mr. Peres-Lugoness ...this is part of the record.
Some of you have seen this but just in case.
Mr. Gort:
else?
Mr. Brooks:
sir, I think we can conclude.
Is there anyone else? Anyone
If I may have about ten seconds,
Mr. Villalobos: Could we have the citation of the
Statute please? Mr. Chairman, could we have the citation of the
S tatute?
Mr. Gort: Everything here is a public
record. You get to see every bit of it.
Mr. Perez-Lugones: Section 409.175.
Mr. Brooks: Mr. Chairman, rather than make
argument, I'd like to reserve a few minutes at the end of their
presentation just to make argument and we'll conclude at this
point with the people we have here.
Mr. Dort: Thank you, sir. My understanding
is in the procedure we will now listen from staff or do your want
to...
Mr. Perez-Lugoness If you have any questions from
staff or the staff wants to address the issue.
Mr.. Gorts It's a staff interpretation
that's being challenged here. I think if staff has anything to
add ... I'd like to hear from staff.
Mr. Genuardis My name is Joseph Genuardi. I'm
the Zoning Administrator for the City of Miami. 'I've been
listening to what's been said here and they... one of the things
that was said was that we changed our minds. First we said one
thing and then we said another thing. If I looked through the
records of HtS, I find that they continuously are changing their
minds. But let me go in sequence in how this ... how I arrived at
my decision. I first became aware of this CHARLEE program
Racility in of 1985 and from what was told to me, I had ... my
.May
first impression was it's a foster home. Then I received calls.
and people questioning and saying is this a foster home so I
asked my staff to make an investigation of what the situation
actually is and after reviewing all the material about the
program in discussions with my staff, than I concluded it was a
CBal. And at that time, in August of 1985, we sent a, letter to
the director of CHARLEE advising them that it was a CERP and
therefore they should go for a special exception before the
3
Zoning Board but no action was taken at that time and discussions
kept going back and forth.
-ry
Let me go through some of the things that I considered.
s
First, I felt that it doesn't meet the definition of fortes
family home as defined by H 3. A residential placement for
dependent children with families who provide care in their own
home for no more than five children between birth and IS years of
2
age. Poster children, by the way, being placed are somewhere
between 6 and l8 or 10 and 18, I get different figures each time
I get more information, no infants are placed. But that's not
the point. The point is this was not a family who was in a hops!*
their own home and asked to take care of foster children.
Nett, we had a letter from HtB... let me first back up a
:}
little. The first time we got the brochure on what the CS *U=
program was, .was an May 14 of 1985 when Cheryl J. bilks !fit "
x
Gonzalez, the Chief Zoning Inspector, a copy of the. bjpcure:<.
dont know what Mr. •
Weisberg based his opinion: back- in- .Q3 on .but
it must have been on verbal discussion of what they were
.. bA { 3 �yci!S•Ja
18. Oc�/t�{ob�4r b, 1906. z
ZonlBg•:Q-✓,,n
-fir+.:.
They were placing children in foster homes and if that's all 1
R.
heard, I would have the same opinion but once you start reading
the brochure and see the type of program it is, you find that
it's not a normal foster home. It's a hone created. They find a
couple who is willing to undertake this, train them and pay them
a salary, buy a home and place these people in this home and then
give them up to six children to take care of .
One of the letters we got from HRS -- let me find it
_
here -- was from Luis& P. Maurer and she at this time in October
7, 1985 listened to different hones being operated by CHARLES and
she classified the home as a therapeutic foster home. If you
_
look at the definition of foster home HRS gives of therapeutic
=
foster, it says this, "It's a home which is defined as a
Community Based Residential Health Service Facility." it says,
"Homes which provide Community Based Residential Mental Health
I
service in a family setting for one to two emotionally disturbed
children or adolescents." So as you see now, things are
'
changing. I went back further in some more records of HRS and I
see where the Shenandoah home was classified by HRS as a child
caring facility not a foster home, foster home was crossed out.
I see licenses that were issued as a residential child care
facility and this... there were several. Then there was a
narrative by Lois Roseman and Peggy Ann Siegel of the Human
Service Counselors for the HRS and in this they state, "CHARLES
is a program of residential child caring homes designed to
provide a less institutionalized method of caring for children
who would benefit by a setting other than private family... other
than private family foster care. CHARLES currently has two
regularly licensed homes in operation in Dade County." So in
this narrative itself, it says it is not a foster home. It is
something between a foster home and an institution rather than
sending the children to an institution.
Well anyway, these discussions and meetings continue.
We met with HRS at one time and try to find out exactly what the
operation was and we got very vague answers. Another thing we
found out * is that these people at that time they told us were
getting paid 149 a day while regular foster parents are paid $49
a month which is a difference.
Finally, an May 23, 1986, when we could see no solution
to this, we sent a final written notice to the CHARLES program
and we prepared to take it before the Code Enforcement Board. At
1
this point, my official determination was asked by Mr. Ward. At
that time, I gave him my decision and he elected to appeal this.
Because of the appeal, the action by the Code Enforcement Board
-
was held up.
.On August 22, 1986 , I received a letter from Nan Rich
who states that homes ... home has six children ranging from 10 to.
_j
18 years of age. Also states that CHARLEE purchases its home,
-�
hires and trains professional family care parents which
-�
reinforces my contention 'that this is not a foster family hone in
which children from infancy to 18 years of age are placed with a
-
family in their own home but a facility which is set up by
purchase of a house, placing a trained paid couple to operate the
facility and care for six children who are not...what I gather is
-f
that these are children who are not able to be placed in a
regular foster home because either the parents are not able to or
capable of or because they don't want these children. If in fact
}
this was the case, if this was a regular foster program then why
don't they take these children and put them into a regular home
of an established family and give them the children to take of.
_
But let me say at this point that we have no objection or
anything against the CHARLEE program: in my perseverance it's a
great program, it's something we need. My opinion is only based
?.
on what the Zoning Ordinance says and it... -that this is not a
foster home facility but a Community Based Facility as defined in
our Ordinance, Section 2034 and let me read what it says here.
_
"Community Based Residential Facility provides room with or
without board, resident service and 24-hour. supervision, such a
facility functions as single housekeeping unity and is licensed
or approved by an authorized regulatory agency. This category
includes Adult Congregate Living Facilities, residential
=
facilities for alcohol and drug rehabilitation for
{
• 19 October 6, l986, heat/tf
1d±dz+:_�JYlLYLA�IhY+' i l Y'1^ ^ _ a .s:.:.L.at _ •� •-- -
so
•
developmentally disabled persons or persons with mental health
problems and for dependent children and juvenile and adult
residential correctional facilities including halfway houses."
So what I...my conclusion, my opinion was that the
CHARLES program is a CBRF and requires a special exception
through a public hearing in accordance with this section. I
therefore recommend that this Board uphold my decision and deny
the appeal. Thank you.
Mr. Gort: Is there any questions of Mr.
Genuardi?
Mr. Milian: Yes.
Mr. Gort: Thank you, Mr. Genuardi.
Mr. Milian: I'd like to ask - Mr. Genuardi
several questions. Mr. Genuardi, in your original decision to
approve this house, you actually made a determination that it was
a f os ter home. Can you explain to me what was your thought
process? Didn' t you know what the CHARLES program was all about?
Mr. Genuardi: I never made a decision. I was
never involved in the original letter that went out... that was
sent out by the former Chief Zoning Inspector.
Mr. Milians Okay, so it was a letter from the
Chief Zoning Inspector?
Mr. Genuardi: It was the Chief Zoning Inspector
at that time.
Mr. Milian: And he... actually he's the one
who has the right to make that kind of a determination? it
doesn't have to come from you?
Mr. Genuardi: Well, all the zoning inspectors
from day to day have to make decisions on what the Zoning
Ordinance says. If there is a controversy then they involve me
as to whether... and which way they should go and what my
interpretation is but I don't enter unless there is a
controversy. They are capable...
Mr. Milian: How are they able to determine
whether there is a controversy or not?
Mr. Genuardi: Well in this case there...
Mr. Milian:
That's... that's...
Mr. Genuardi: ... there was... at that time there
was no question on what it was. They..she merely went by the
facts that were presented to him that this was... there
were... children were being taken and placed in the home as foster
children and that is a foster home.
Mr. Barkets Mr. Genuardi, does the Municipal
Ordinance in any way conflict with Florida Statute 409.175 and if
so, does not the Florida Statute supersede the City Ordinance?
Mr. Genuardi: well...
Mr. Maxwell: Mr...
Mr. Genuardi: ... I think I' 11 let Joel answer
that.
Mr. Maxwell: ...Mr. Chairman, what you're.
asking Mr. Genuardi for is to reach a legal conclusion.
Mr. Barket: Well let me direct the question'
to you, the Assistant City Attorney. u
n
20 October b'• 1��6 • 1 key
Mr. Maxwell. Well# it would be my opinion that
the ordinances or statutes that have been cited to date, are
vague on the question. There are those that would say that they
are directly on point but it would be my opinion that they are
vague and I believe that what you have before you is a question
of interpretation, that's why you're sitting in a quasi judicial
capacity. What the Zoning Administrator did was to review the
information he had before him and reach a decision. I think the
testimony that you've heard in the last hour or so would readily
indicate to you that there may be two sides to that and it is
open to interpretation. You are to then simulate than
information and reach a decision yourself. I can not answer your
question directly, that is, within your purview not the City
Attorney's Office but I do not believe that the Statute's
directly on point and I may cite an example, if I can.
Florida Statute 409.175 which was cited by -- is it Mr.
Fellman, I may have the name incorrect -- Section E. definition
of foster homes says, "Family foster home means a private
residence in which children who are unattended by a parent or a
legal guardian are provided 24-hour care. Such homes include
emergency shelter family homes, family foster group homes and
specialized foster homes for children with special needs. The
person who cares for a child of a friend for a period not to
exceed 90 days, a relative who cares for a child and does not
receive reimbursement for such care from the State or Federal
government or an adoptive home which has been approved by the
Department or a by a licensed child placement agency for children
placed for adoption is not considered a family foster hone." Now
I direct your attention to the fifth word, sixth ward, of that
definition, it says, "family foster home means a 'private..
residence'" and there in turn... that's where the discretion or
the problem comes in on interpretation that the Zoning
Administrator's have, whether or not this constitutes, a private
home under the Statute. Further, Mr. Genuardi utilized the
Florida Administrative Code and their definition of foster family
home reads as follows: "A residential placement for dependent
children with families who provide.. -.with families, who provide
care in their home for no more than five children between birth
and IS years of age." So if you read these in pair material, in
other words, read them together, you can see the difficulty that
the Zoning Administrator had and what your task before you is to
take that same information and determine whether or not this is a
foster home or it falls squarely under the definition of a
Comunity Based Residential Facility. I think if you look at the
definition of a Community Based Residential Facility which reads
as follows..*
Mr.
Gort:
Thank you,
sir.
Mr.
Maxwells
...when I
cut up...
Mr. Gort: Sorry.
Mr. Maxwell: ... ew I ... can you see what's
happening here? It indicates that... it says this category
includes Adult Congregate Giving Facilities and then it goes
through several other. Then it says, "Residential facilities
alcohol and drug rehabilitation for developmentally disabled
persons, for persons who have mental health problems and for
dependent children." That's the section that was utilized by
Zoning Administrator. The could have easily have fallen into
that category as well. 'He had to make a decision, that's what
his job is and that decision now falls to you.
Mr. Barkets Thank you.
Mr. Milian: Mr. Chairman?
Mr. Gort: Thank you. Is there any...
F
f or
the
Mr. Milian%
couple questions.
question.
Mrs Carts
Mr. Milian:
Mr. Gort:
I'd like a couple...I'd like a
Mr. Sands...Mr. Sands had a
Oh, okay)
Mr . S ands.
Mr. Sands: You...help me out.. or can't give
a vague vote, so to speak, but what I'm reading here it says,
from the State Statute says, "Whether it's owned by the foster
family or it's owned by the CHARLEE," it doesn't matter; it's
irrelevant for the Statute. It still is considered a foster
home. Now I don't know... I can easily feel free to vote under
this Statute than the vagueness of what you're telling me. You
see I. --and I'm only voting as to whether it's a CHARLEE
program... whether it's a foster home or not and from what I'm
reading here, the definition says it's a foster home.
Mr. Maxwells Mr. Chairman, what I believe
you're reading -- I don't know what section it is -- but what I
believe you're reading is an interpretation of what the ordinance
says...
Mr. Sands: Yes.
Mr. Maxwell: ...and you should...you should
just consider that as additional evidence in reaching your
decision. That is not the Statute I think you are reading. You
are reading an interpretation of the Statute which you have a
right to consider.
Mr. tort: Is there any other questions of
staff? Now...
Mr. Milian: Yes...
Mr. Carts ...let me...let me explain what
the procedure is in here because... since I have so many people in
here, I want to make sure they understand. The normal procedure
in here is an applicant will come in front of us, first we will
listen from staff, staff will make the recommendation for or
against it, then the applicant speaks and states its case, then
after the applicant speaks, those in opposition will speak in
opposition • and then the applicant gets a few minutes to rebut.
What happened in here today, it's an appeal to a decision that
was made to ... by staff, so that's why it's a reverse role. The
appellant speaks first, the staff speaks later, those that
support instead of opposition, there's those that support staff's
decision speak then the appellant will get a few minutes for
rebuttal. Okay? I want everybody to understand what the
procedure that is going on today because we've only had two of
these and -I hope we don't get any more of these.
Mr. Charming: Can I ask a question of W.,
Genuardi?
Mr. Gart: Yes, sir, go ahead.
Mr. Channing: In your letter dated July 280
1986, did you base your decision on reading the definition of a
foster home as defined by HRS? That's what it says in your
letters
Mr. Genuardi: Well, I used that as one of. the
basis for my decision, as I listed there were a lot o! reesona.
One of them was that they...I felt that they did not. #it-. thet
definition for a foster home and since it was considered;; a
therapeutic foster home because they required some kind of
psychiatric treatment or guidance or whatever, than they'`tmopd;Y .
22 October 60 -1986, , lte
i�ik:iilA'3i6
it as a therapeutic foster home and I felt it was a Community
Based Residential Facility but that was... these were just two of
the points which I used to come to my decision.
Mr. Channing:
Mr. Gort:
questions?
Okay,, thank you
Thank you, sir. Any other
Mr. Milian: Yes. Mr. Genuardi, a couple
things here were raised and I'd like to have some clarification.
One of them was that the difference .between a foster home in
which... is a residence owned by the foster parents and in this
case, the CHARLEE program which is an institution or an
organisation in which they purchased the house and then actually
brought in the foster parents. That's... to you that is something
that was a determination for you to determine whether it's a
foster home or a CBtF?
Mr. Genuardi: That's one of them I....
Mr. Milian: Okay. The other question was
the... something that was mentioned here about... that a foster
home in definition is from birth to 18 years of age. What are
the ages of these children that are in this program? Are you
aware?
Mr. Genuardi: Well from the letter I received
from Nan Rich, she said from 10 to 18.
Mr. Milian:
To 18.
Mr. Gortt Any other questions from staff?
Okay, now we'll here from those who support staff. This is a
change l
• Mr. Villalobos: Jose Villalobos for the record,
1401 Ponce De Leon Boulevard, Coral Gables, Florida, we support
the staff. Thank you very much. You wouldn't believe that,
w,3uld you?
Mr. Gort: Thank you, sir, appreciate it.
Mr. Villalobos: The rules concerning conflicts
with other regulations pursuant to the Zoning Code of the City of
Miami in Section 3702 it states, "Where the requirement of this.
Zoning Ordinance"...I beg your pardon, strike that please.
"Where the requirement of the Zoning Ordinance are in variance
with the requirement of any other governmental adopted State
rule, regulation, ordinance or code, the most restrictive or that
imposed in the highest standard shall govern." We have a
definition in the City of Miami concerning family which don not
address the issues specifically of foster home. I just went out
there to check out the code and it does not. Ladies and
t
gentlemen, we have been together fighting the same causes in the
same foot holes with many of the members here supporting CHMLE3.
What we're saying...I'm representing a group of 45 citizens that
live in the area of ... surrounding CHMLEg -- what we're saying is
this, there is adequate remedy for the people here tonight that
support CUMLEE. If we go out to Section 2834.1 Community Based
IN
Residential Facility defined, it has been defined plenty of times
but I'd like to take out one specific paragraph and stag, "and
for dependent children and juvenile and adult residential,
correction facilities, including halfway houses." Those people
will have a remedy that goes into the special exception required
in your own rules at 2034.2.2 Special Exception and it reads,
"All proposed Community Based Residential Facility are
y Y
permissible only by special exception subject to the following
requirements and limitations." -What we're saying is -there.As
<_
remedy. It has been defined. Their own rules and regulations.,
have been followed. We have or we could go into .the' :-readrd and
u�
repeat again what the gentleman from staff has stated
go into this specific item and leave it with you in your mind
23 October 6, 1956. I L
Zoning soarc►.Y.r .
I
"Poster home, a residential placement for dependent
children with families who provide care in their own hone for no
more than five children between birth and 18 years of age." That
is what it says. When the applicant, which he is here, the
appellant today, stated what their chore was; they did not say,
"I am a family but I was employed by CHARLES and I was' paid a
price for the service." Thank you very much.
Mr. Barket: Jose, let me see that Statute.
Mr. Gort: Anyone else in support of...
Mr. Barket: Please, the first one.
Mr. Fletcher: If I may, my name is -- I'll wait
till he's finished.
My name is John Fletcher, 7600 Red Road in South Miami,
Suite 115. Obviously Ism an attorneys I'm representing Mr. A. J.
Boronco who lives directly across the street from this present
site. I've also been authorized to speak on behalf of Mr. Murray
Z. Klein, Judge Klein. I've been asked to speak in the past on
behalf of Mrs. Barnes, I don't know if I'm still speaking for her
or not. Mrs. Barnes is...
Ms. Basila: Can you speak in the mike?
Mr. Fletcher: ... I' m sorry...
Ms. Basila: Thank you.
Mr. Fletcher: ...is it coming through now?
Ms. Basila: Yes.
Mr. Fletcher: Okay, forgive me. Mrs. Barnes is
here. She was reluctant to make an appearance but she and Judge
Klein live an either side of this facility so they're very
concerned about this. First of all, .when I was initially
retained to look into this which was over a year ago and I've
been disassociated from it for almost that year since I was
fortunate enough to have the director make his correct decision
which is here before you tonight. When I first was asked to look
into this, I came down to the City in a great deal of shock and
surprise to learn that -a CHARLEE home which is a special type of
facility, that •I' ll get into briefly, was permitted in the City
of Miami without a public hearing. I was provided with the
August 24,..1983 letter to Ms. Carol Vernon, Director of* CHARLEE
at the time, I don't know if she still is or not, from Richard
Weisberg saying that foster homes are permitted without a public
hearing Which- obviously is the case. He even provided to CHARLEE
a copy of the Zoning Code definition that was applicable. Now,
what you all don't know when I was investigating this, I found
that at that time CHARLEE was representing itself to be a foster
home that it had signed any number of forms even though this was
a group residential facility that we'll get into, saying it was a
foster home including the changing of the title of documents at
the top. Now many of these fell into the hands of the City at
the time that poor Mr. Weisberg was trying to make his decision,
I can' t tell you. However, I went over to HRS to try and find
out more about this and I can assure that that was some talk
considering the fact that word was already out that I was
representing homeowners in the area in opposition to what is
apparently a currently popular program, how long this currently
popular program will last I don't know, for child care of certain
children which I'll also get into.
I found that in fact when the applications were
submitted and the license issued, they were initially requested
for foster homes. This was forms that I got from the files of
MRS and you'll note please that after the licensed issued or at
solpe time, somebody crossed out the wards foster . home and. put in
residential child caring facility for the other CHARj0EE.:pl ces
that were licensed throughout the City and you hava thoss '6n y
24 Qctobe 6. 19Q�r I
��rat
r,:'4
packet but I'm sure happy to provide them for your clerk again,
if I will, and you can see that they were not licensed as foster
horses but as something else. I also have copies of the
applications where they're seeking group homes... or excuse me,
group care for children. I'd like to give these to the Clerk, if
I may, as exhibits for Mr. Boronco and the others I represent.
Now, further in my investigations and I got to tell you
candor really appears when people are filling out documents or
making reports and they have nothing to gain or lose by it. I
found in the records of HRS the following statement which your
director has provided to you, "CHARLEE," this is a description by
Ms. Lois Rosemanwho used to be, I don't know if she still is or
no , t, and signed by who was with HRS. and Mrs. Peggy Ann Siegal
who also was with HRS and I don't know whether she is anymore or
not, it states, "CHARLEE is a program of residential child caring
horses designed to provide a less institutionalized method of
caring for children who would benefit by a setting other than
private family foster care." So you see when nobody is pursuing
the HAS and nobody's pursuing anybody else, it's not a foster
home, however, tonight as you can see, there are people who say
that it is.
Let me advise you as to something else. You've heard
tonight that this program is funded at least in part by the
legislature as well as gifts from other people. To go to the
legislature and get money you have to present a program as to
what you are planning on doing. In investigating a matter with
CHARLEE before when they went to Dade County to get permission
and were turned down by Dade County by the County Commission
because there were not homes for dependent children under their
code, the statement came out in evidence and I have the
transcript here, in which Ms. Roberta Blocky or Berta Blocky
testified to the State -login lature in seeking the funds for this
program and the children wore described a little bit differently
to the legislature that's funding this other than it's described
to you tonight or to other people in the past. The statement was
mado as to what kind of children were involved. "Basically, I
guess, your status offenders, they are truant, they run away,
severe emotional problems, an drugs,'trying to commit suicide,
things like that. These children that we. ..we really want the
worst ones." Now this was a statement that - was given to the
Legislature and tonight we have children who are doing well in
school. So you see, there are certain fears and concerns that
the neighborhood may have. This is not the time to air them.
The time to air them is at the public hearing on the Community
Based Facility. That's why you have that provision. in the Code
so determinations can be made.
A few closing comments, if I may. Your Zoning Code is
obviously designed in order to balance competing interests..
Obviously, we have some competitors over here who live in their
homes in ' the neighborhood against competitors over here who have
what they see as a community service although they disagroo,
they're all, good people, I' m sure at heart. The purpose of
requiring the public hearing is in fact to balance that interest.
But what is happening here is that CHARLEE is trying to avoid
that balancing of the competing public interest by getting a
ruling that they don't have to go through a public hearing to
show their entitlement to be on the property. They've said
several things. I'm glad comments were made about the Supreme
Court case because I've had oppo; tunitios, obviously, to deal
with that also... to deal with that also and one of the things
that Mr. Brooks, himself, admitted is that there has to be a
basis in the record for the differentiation and of course that's
what you'll have if you have a public hearing. But if you don't
have the public hearing, you won't have that basis and Mr.
Brooks' prophecy will be a self -fulling one so we should have the'
public hearing.
As far as equitable estoppel, they came down here and
'hoy told the director that this was a castor home. You can't
lot es toppel when you don' t tell the whole ' f acts to the
jovernment and certainly you can't get estoppel against these
!olks over here who have a right to be heard. That kind .of
d ' 1
rtoppel oean t lie. It also doesn t lie if the director made a
r
25 October 6, 1986, IteM 3 i ;
legal mistake. We all know the case law that say that the City -
is not bound by legal mistakes, factual ones if they're
accurately presented perhaps, but these people are never bound by
that., If Mr. Brooks wants the latest citation on the legal of
being nonbinding he can look at Corona Properties of Florida,
Inc. versus Monroe County which I lost on behalf of Corona
Properties, Inc. to be perfectly frank with you.
If you decide that CHMLEE is a foster home here
tonight and reverse the director's decision, you put all these
people out of their opportunity of presenting the facts at the
appropriate hearing. I could launch into evidence tonight, if it
were considered appropriate, showing the impact on the people who
live next door. Mrs. Barnes has had to put up with things, I'm
sure she doesn't want to came forward. That's her sitting right
there in the grey sweater, one, two, three, four in that third
row there. She doesn't want to come forward because she just
wants to protect her own life, her own retirement at this
particular point in time. Judge Klein lives on the other side.
He wants his peace and quiet. Still...still wants his peace and
quiet. I know...
Mr.
Milian:
Mr. Chairman,
if I may. I don' t
know. We are
entering into
the same situation
that we had with
the other attorney...
Mr.
Gort:
I understand.
I've said...
Mr.
Milian:
...I think all
of those facts are
irrelevant at
this point...
Mr. Fletcher: I agree with you.
Mr. Milian: ...and I think what's good for
the goose is good for the gander.
Mr. Gort: Mr. Milian, I'm trying to give a
fair share to the presentation...
Mr. Fletcher: I agree completely with you, sir.
Mr. Gorts ... and the attorney will get a
few minutes for rebuttal right afterwards.
Mr. Fletcher: Okay, i' m sorry...
Mr. Gort: Go ahead.
Mr. Fletcher: ...I just wanted to...
Mr. Gort: Go ahead, sir.
Mr. Fletcher: ...close out my statement. Thank
you very much. I don't know whether. Mr. Brooks is going to
require me to follow the rules of evidence and bring Mr. A. J.
Boronco forward and Judge Klein and Mrs. Barnes to testify that
they in fact own the properties that I've said. If they are...1
can see them shaking their head yes, I don't want to be 'deprived
of the right to go further with this and so I would have to ask
them to come forward to state their names and their address for
the record unless Mr. .Brooks wishes to concede that they are in
fact the neighbors that CHARLEE should know so well. Mr. Brooks,
do you concede that?
Mr. Brooks: Stipulate in the...(speaking from
the audiences portion inaudible. )
Mr. Gort: Come on, heyl Do you have
anything, else?
Mr. Fletcher: Thank you. I'm so...no, they
should indeed, now that Mr. Brooks has stipulated to this be
quite comfortable with your decision. Thank you very much.
.
26 October 6, 1986, Item 3
1 • 3�P'•
Mr. Maxwell: Mr. Chairman?
Mr. Gort: Excuse me. Come oni
Mr. Barket: Let the record reflect that they
stipulated.
Mr. Delgado: Chairman of the Board, my name is
Louis Delgado and I represent Mr. Pedro Rivera who as most here
is also a concerned...
Mr. Gort: Will you put the mike up please,
sir.
Mr. Delgado: Yes, sir. The address is 1925
Brickell Avenue. I won't rehash the legal issues that have
already been made but certainly join with both Mr. Villalobos and
Mr. Fletcher in seeking the... that the decision of the
Administrator be upheld. I would, however, request that this
Board hear from my client Mr. Rivera who would like to be heard
in exchange for my own argument which I'm sure you don't want to
hear, if that would be all right with this Board, I would like
to...
Mr. Gort: If the argument's going to be on
the issues, no problem.
Mr. Delgado: Yes, solely on the issues. Mr.
Rivera.
Mr. Rivera: Thank you very much. My name is
Pedro Rivera. I live at 3501 just behind the CHARLEE home. All
I have to say is on behalf of my neighbors that are here tonight,
that umm... as you can see the vagueness of this program that has,
you know, been already operating in our community for the last
year, the reluctance of ever... of us, all of us knowing of what
is really going on. As you can see tonight, the vagueness of all
of them, the members of the program of, you know, denying or
giving any information Whatsoever, no wonder all of us are here
tonight of our neighborhood that are deeply, deeply concerned of
what really that home is all about. I would like to re... you
know, for you people to at least reexamine as members of our, you
know, to all of us members of our community to really take a look
at really all of the points that were made here tonight. I am
just deeply concerned of, you know, as a member of the community.
and as of all our neighbors, and also. as a parent of two small
children of what really is going on on that front house on the
street. Thank you very much.
Mr. Gort: Thank you.
Mr. Hagues My name is Andrew Hague. I'm an
attorney and I also live at 1635 South Bayshore Drive, directly
across the property we're discussing here this evening. I would
like to adopt the legal arguments that were put forward by both
Mr. Villalobos and Mr. Fletcher and also indicate to the -Board
that as Mr. Villalobos said, there is a legal remedy before the
CHARLEE organization. This Board represents the check and
balance system which is in place for this very type of matter and
I feel that it should go to that check and balance system, in
other words, a public hearing, and it should be able to get to
that point an opposed to the CHARLEE organization bypassing that
procedure. Thank you.
Mr. Gorts Thank you. Anyone else?
,<
unidentified gentleman: Excuse me, Board.. I
am
representing also Mrs. Barnes which is unable really.to
walk
tonight and she is opposite to the CHARLEE home. And I .have,
letter for all of you to read from her . and I would like
fo;::,y : w-121
tq read this very carefully,
v
27 Octoaer 6, 1986..
item
t
Mr. Gort: Pass it to the secretary and
he' 11 pass it to us.
Unidentified gentleman: Thank you very much. As you
can see she's 98 years old and she can't able.
Mr. Perez-Lugones:
please.
Can you state her full name
Mr. Gort: State in the mike her full name
and address of the person please.
Unidentified gentleman: Her name is Mrs. Carmen L.
Barnes and she lives at the house next to the CHARLEE home
ate .. excuse me, at 1644 South Bayshore...home, beside the CHARLEE
home.
Mr - Garts Anyone else? Okay, sir, you get
a few minutes for rebuttal.
Ms. Heralds . For the record, my name is Sarah
Herald, I'm a partner with the firm of Fine, Jacobson, Schwartz,
Nash, Block and England, also representing CHARLEE Homes, Inc.
The first thing that we wanted to say just for the record, Mr.
Chairman, is that we object to the letters and the testimony of
attorneys which isn't directly from the other individuals and
that we would move to strike that if this body is acting as a
quasi judicial body. But the important thing is the issue -that
you all have focused in on and the issue is whether or not they
need to file for a special exception. The question isn't whether
we are trying to avoid something. The question is whether we
don't need to avoid something because we already fit within the
parameters of your Code -- your Code, we didn't write it. The
City of Miami has defined a family. You have seen fit to define
a family as including a foster home. You actually go a little
further than the Stag Statute because you say that a family may
also include a group of not more than eight children in addition
to foster parents residing in a home, caring for foster children
with the total number, total number of children including the
biological children of the foster parents, provided that such
home is approved by the appropriate State and/or local agencies.
What you have here is a family, Mr. and Mrs. Afpimos. They have
two children, ages three and eighteen months that are
biologically theirs. They are licensed foster parents . for. the
State of Florida and they care as parents for five foster
childred in addition to their two biological children. They act
as a family: they live there as a family= the children attend
local schoolsl they engage in normal family activities. The only
distinction between this family and anybody else living an
Bayehore Drive is the fact that some of these children are not
biologically connected to the people that they call mother and
father. They are 'not biologically connected and that is the only
distinction.
.There's been ... Mr. Genuardi has found that this
constitutes a Community Based Residential Facility and I think
Mr. Maxwell...Mr. Sands particularly pointed out that it's really
important that you look at your own definition of Commmunity Based
Residential Facilities. because if you accept Mr. Genuardi s
arguis*nt, any licensed foster home in the City of Miami, whether
it cares for one child or six children or four. children, would be
under his definition a Community Based Residential Facility and
I'll point out to you why.
Your definition says, "A Community Bared Residential .
Facility," all that means is a ham* or a facility in the
community, not outside the community, "which provides room with
or without board," so the fact that these people are paid or . that
they receive a stipend does not matter. "Resident services,
foster parents," it doesn't define resident services,. "and,.:Z4-
hour supervision," which is what is given by any foster passim'
whether they have one or six children. Such a fact ft�nC s
as a single housekeeping unity and is licensed or approvodL`
•
28 October
C�
authorized regulatory agency. All of those criteria fit any
foster home in Dade County because any foster home in Dade
County, whether it has one child or six children, must be
licensed by the State and isn't a residence and there is no
requirement under the State Statute that the person that is
licensed as foster parent must own the home in which they reside.
If that criteria were a criteria for determining who is a foster
parent or what is a foster home, I would be very sorry to say
that the State would probably lose better than half of their
foster parents because there are very many foster parents who can
not afford to own a hone. That has never been a criteria under
the State Statute nor is it a criteria under your own Code.
You go on to say that this category. includes residences
for dependent children. What is a dependent child? That's
importanti You've had testimony that would lead you to believe
that somehow dependent children are necessarily runaways, drug
abusers... all a dependent child is, is a child that has been
taken from their biological or natural...legal parents by the
State because they have been abused, abandoned or neglected.
These children are victims, victims. They are not perpetratorse
these children may be in some instances which Mr. Fletcher
referred to, they may run away. If you were being sexually
abused by a parent, you might run away from home. That doesn't
mean that they are. The point of the matter is that the
definition of dependent children, "is any child who has been
taken from the State." So under your definition, if you accept
Mr. Genuardi's definition, any foster home, regardless of number
of children, would have to be came to be... come to you for a
special exception to have a foster home in the City of Miami and
I think that the reasal that you have a definition of family in
your Code is that... and define it as being no more than eight
childreno, is that what you really meant when you talked about a
Community Based Residential Facility, really constituted a much
larger group and you have a very specific ordinance that says a
family consists of - eight children...up to eight children in a
foster home. Those are the two things in your own ordinance
which you have to apply.
The only things that we would like to rebut and Mr.
Genuardi stated that a foster home...
Mr. Gort= Wait a minutet I thought you
were doing a rebuttal.
Ms. Herald: I am. Mr. Genuardi stated...
Mr. Gort: Goodl I don't want a whole
presentation. We had it from him already...
Ms. Herald:
I'm sorry, I was rebutting...
Mr. Gort: • • .okay, it was supposed to be a
few minutes for rebuttal, your made your own presentation and I
let it go by so.. -we still have some more items to listen to...
Ks. Herald: Okay, if you could just give
me...
Mr. Gort: ...and we still have to discuss
this item and we still have to make a decision. I think I've
been very patient with you all; the whole Board has been very
patient.. -
me
. Herald: And we appreciate it.
Mr. Gort: ... so I' m going to ask- you please
to be very quick.
Ms. Herald:- Okay. The only other thing that
Mr. Genuardi had stated which we would like to rebut is that a
foster home under the State S tatu{•e includes the concept that he
is talking about here. There is no distinction between a
residence owned by a private individual and a residence owned by
29 October 60 19860 item
Zoning Board
I
T
a corporation in defining foster homes under the State Statute.
In addition, a foster home is defined as any home that houses
children from 0 to 18 years. old. Mr. Genuardi was incorrect in
stating that infants are not placed in foster care. They are
placed in foster homes but foster parents and foster homes have a
right to designate the age of the children that they wish to
accept so a person can say I want five infants or five
adolescents or five toddlers. That's why you have foster care
because you want the best placement for the child. And the only
other thing we had to point out was that this is not a
therapeutic foster home under Mr... even the definition given by
Mr. Genuardi because therapeutic foster homes are limited in
number to less than what this home has at the home right now.
And the only thing that wasn't put in the record in terms of
rebuttal to what they stated were that none of these children
that are in this home are there for referrals because of
delinquency. They are all there because of referrals for
dependency. Thank you.
Mr. Gorts Thank you. We'll now close the
public hearing. Any questions? Comments? I have a question.
Who is the executive director of the program? Ma' am, can I ask
you a question? My understanding and most of the. -.and first I'd
like to clarify once again because let me tell you it feels
terrible to sit here and I'm feeling guilty people shaking their
head and all that, most of the people that sit on this Board here
are very community oriented individuals. i myself have given
more than 20 volunteer hours to social services program. My
understanding is a social services program, if you want to help
someone, you try to put them in an environment where that person
is going to feel comfortable not only within their own hone but
also in the surrounding neighborhood. How will this kid feel if
they would feel very good in their house but yet once they cone
out of the house, the adjacent neighbors and...they get rejection
from the adjacent neighbors and all that, how does that react to
the kids and I'm sorry I'm off, completely off, but the reason
I'm asking these questions... because I want you to understand why
the Board sits here and the things we have to deal with and this
is something that... it bothers me and I worry about it. Why
can't a facility like this and I'm going to take off the... for
two minutes if I'm allowed, I'm gonna just take two minutes, why
would you want to go into a place without going into the
neighborhood, talk to the neighbors, get them to support the
program and maybe do volunteer work for the program. See the
problem is, I know most of the people that are here on both
sides, sitting on.both sides and they're all well intended people
here. Yes, we are against each other but if we get all this
talent that is in this room right now, working in behalf of this
program, we could do so much wonder that...we could, help so many
more kids it would be unbelievable and... i' m sorry, . that's all I
wanted to say because I want to make sure that people understood
that we are not against the kids, we're not against the program,
we think it's a great program, I think there's a great need for
*it and I wish we could have a hundred more facilities and we
could support those facilities and I want you all to understand
that because we're sitting here and people looking at us and
judging us and believe me, we all are very responsible people to
sit here and we worry about our community and that's why we're
here.
Ms. Capris Obviously; we would like ... my
name is Doris Capri, I reside at 5860 Pinetree Drive; Miami
Beach, Florida. We have the same concerns that you do, sir.
Obviously, we do not want to have our children rejected one more
time by adults and .we would certainly open up our home and ask
the neighbors to accept our children because they are very, very
wonderful kids as attested to by their teachers. They're doing
great in school, they're doing great in other areas in the
community and the Afpimos' and our staff are really protecting
them, buffing the children from the negative reaction of the
community. They are aware that it's going on but we are
providing all of the care and the nurturing and the Afpimos' are
30 October 6 , 1986 , 1 trot T
Zronin4 Board
i ..
t`.�•. really providing a very healthy home for them and they are
blossoming because of it and in spite of the neighbors'
rejection.
Mr. tort: Thank you, ma' am. Okay, Mr.
Basket.
Mr. Basket: Mrs. Capri...Mrs. Capri, last
meeting we had here, I had...we had I don't know how many people
that objected to a mental retardation home going in the Roads
section. I remained silent. I have two mentally retarded kids
that live directly behind me and they are as lovable as they can
be and yet when I heard people make the remarks they made all I
kept saying is, "But for the grace of God, they'll go on." I
don't believe that these people really object to the children. I
really feel that way in my heart and I don' t want you to feel
that these neighbors are rejecting these children. Will Rogers
once said, "I've never met a man that I didn't like," and I can
truthfully say that for this Board, "We have never met a child
that we didn' t love."
(Applause from the audience.)
Mr. Gertz Any other questions? Questions?
Mr. Sands: Yes. You know....
Mr. Gertz Mr. S ands .
Mr. Sands: Yes, Mr. Chairman. Here again
I'm in the air about this because these.,,
statement? Ms. Capri: Excuse me, may I make one more
Mr. Gertz Excuse me, ma'am. The public
hearing is closed and the procedure is somebody will ask you a
question, I'll recognize you. Yes, Mr. Sands.
Mr. S ands: About what's a foster home and
what's a CORP. I still have to go along with the State Statute
in this. I just can't differentiate the Miami's ordinance and it
makes... and I think that the State would foresee, you know. Now,
I'm also saying that I have visited this home. In my visit there
I found it as a home, not anything like a CBRF, no type of
facility, I find it as a home where a family lives and I couldn't
tell the difference and that's another reason why I...I just have
to go for it, that's a foster home.
Mr. Gertz Mr. Barket.
Mr. Basket: Mrs. Capri...Mrs. Capri, I'll ask
you the question. What do you want to say?
Ms. Capri: That we do have many neighbors
who have stood up in favor of our program and they do visit the
home and they know the children and... so the children are not
rejected by all of the neighbors. I just wanted to say that...
Mr. Barkets Thank you.
Ms. Capri: ... and they are here to attest to
that.
Mr. Gertz Thank you. Any other questions?
Statements? Questions?
Mr. Basket: I'd like to make a motion.
Mr. Gort: Yes, sir.
31 October 6. 1986, t 1 :: x
Zoning Boar
-mar ay. �.h,re��,,a ^fv3i5=;fil.. dN'e�"7 .Y a �'• _ J#.�_-�_-���.�a:.�'�3CIt_ tt'__,yR1 9.. a -L . r��'%4Ste-' t.��Atitiii
pf
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- "
Mr. Barket;
Reluctantly, Mrs. Capri. I have
to move
that the decision of the Zoning Administrator be affirmed
because
I truthfully
believe that the CHARLES Home of Dade
County,
Inc. does not fall within the municipal ordinance nor
most the
requirement
of the City of Miami Ordinance or the State
S tatu to.
Ms. Morales: Second.
Mr. Gorr: A motion's been made. second.
Mr. Barkete Call the roll.
Mr. Gorts You want to repeat the motion.
Mr. Perez-Lugonese Mr. Chairman, we have a motion on
item 3 and this motion is to affirm the decision of the Zoning
Administrator. Motion made by Mr. Barket and seconded by Ms.
Morales.
Mr. Gort: Any discussion on the motion?
Being none, call the question.
Mr. Perez-Lugonese I'll call roll.
AYESe Ms. Basil& and Morales
Messrs. Gort, Barket, Milian and Romero
NAYESe Messrs. Channing and Sands
ABSENT: Messrs. Luaces and Moran-Ribeaux
Mr. Peres-Lugonese The motion to affirm the decision
of the Zoning Administrator carries 6 to 2.
Mr. Garth
next item please, sir.
Thank you all. will you call the
RESOLUTION Z8 106-86
RESOLUTION DENYING THE APPEAL BY CHARLEE OF
DADS COUNTY, INC., BY AFFIRMING THE DECISION
OF THE ZONING ADMINISTRATOR, THAT THE CHARLEE
PROGRAM FACILITY LOCATED AT 1640 SOUTH
BAYSHORE DRIVE IS A COMMUNITY BASED
RESIDENTIAL FACILITY (CBRF) AS PER THE CITY
OF MIAMI ZONING ORDINANCE 9500, AS AMENDED,
SUBSECTION 2034.1.
32
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by
.{{t'�
xt
�•�" •ate.
October
6, . 1,906 It
Zoning
HQ+ad--
f..V 1.. . . .. .� to ..
da
CITY OF MIAMI. IrL.Oh! A
INTER -OFFICE MEMORANDUM
'86 OCT -6 A9:41
Aurelio E. Perez-Lugones DATE October 6, 1986
Director
Planning 6 Zoning Boards Administration SUBJECT. Appeal of Zoning Interpretation
Charlee Program Facility.at
1640 South Baysbare Drive
V"M se A. Genuardi, P.E.
In$ Administrator
Building i Zoning Department ENCLOSURES.
Attached A I which inadvertently A.
M W please WWVW44L W040 omitted WH
copies of my file was forwarded to you on August 8, 1986.
JAG:eis
cc: Zoning file
LICENSE #184-10 ;
sVrJ.•O7: New I1C"C•'t.It. . .. ..
Resid. Child Caring Facility
CHARLEE of Dade County yInc
. (ShenaRgeh�Home)
1795 S.W. 12th Street, Miami, FL. 33135 i
TOt DSS ( Bruce A. Edgerly Acting
• US ( Peggy A. Siegal ) Licensing Unit
1. This is in respanc a to your ree pact Lv_• X Siccr.5�t
relicazas the abova homz.
t. (A) i This home is appm ed fcr liecpsi::; . 11=84
(b) maximam ci: achy See below (*)
(c) A:=ditional .P.-nnts t
(*) Licensed for a maximum of six children, ages six through 18
(four boys, 'two girls) . .
3. (a) umiz t.=o ir. rot appro rad for mm-rexr;
• (b) F-.:ase provide _ha fallevi ng i.: =orout• ias. cr Ol'u- �:cs f�•• ::- : •..,
' mat -Arm i:i . v4str for 011 r. hc.a+ wi a Vet rn :•.:r.E: •:3r: ca t, :y i .i •.;.
VO T11i s 'wmcr ir• td-m."tandad tr.r rinsl..-t�
(b) The fe:31arinZ actso.. rho:• ri bs taker;t
ee s >1ef iuditeg
Fz
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BE A
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1948te of A'faridn'
of -XeAth xnd Fthabilitatitie �erwkes
Certificate Nc184-10
(9trtificate. of '�icense
RESiDF IAL atrLD CART c FACIL
Ancto pi torn bg @These 11reontlis: That the Deportment of Health and Rehabilitative Services
Facility of aMRLLt3t of Dade County, Inc.
being satisfied that the (Shenandoah (tome) at 179S S.M. 12th Sereat in the city of
Minas , County of nay , Stale of fiorida, has complied with the
minimum standards set by the Department for Residential Child Caring Facility
and the Department approves the application of said - rMssl- T- of iwe r minty ,Tn..
r. (Shenandoah Mme) for a license to operate and directs- the issuance of this
certificate, on the loth_ _.day of
r This license shall continue in force for one year from the above date ess r e e , ex ended,
b'.:.withdrown, or revoked for cause.
Mmilum capacity; Six children, ages 6 to 18 years
ti aid :(four boys, two girls)
Dis -..ct .�, �lti'otor
�
♦aAaU!Rnw�fSK .i.WHiR9u..e aA.Mit_.. +..... .h. .__.., _ __
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LICENSE 01183-33
Su•:J�:�:: New LIL i:r-.::t:41 r::r.:rL:IN: :TI:c
Residential Child Caring
CHARLEE of Dade Countv._.Inc. - 8elle Meade Home 1�+���M�••'
674 N.E_72nd Terrace, Mismi, Florida 33138
A7MtE55
• t
TO: OSS ( Bruce A. Edgerly Acting
• • US ( Peggy A. Siegal Licensing Unit ,
.1. This is in responc a to your request to X
relicensa the above hor..a.
2. (a) This h0®e is approved for lieersit-V 11/30/83
(b) :4axi,4= capacity 6 t-hildren, aces six__through eighteen.
(c) ' Additional eux- ats:
•
3. (a) This Mas id not approved for licona:.nl
(b) please provide tho fallewtr g in ormtia:. or take =hU fc Ilo 1o. �
. action iR o"dev for Livid ho.~.R to L•m Sti::�r,::i:..
a. (a) This ,how le recommemled for c3.os3.ng
(b) The following action shc+L)d be taken:
ec s Hosof inding
+t
tttti of
Lori da
�� tt�tltfttft�e •
cveparfntenf of �jgnjf Ind
CertifkateNo, 1i43_33
of
Pnob All An b, these Fresinf;-
That the Department of Health and Rehabilitative S,
being solisfied that the CUR= ov nAftV COUMS Inc. Services,
rrf..s in
County of the city of
State Of Florida, has complied with the
Minimum standards $0 by the Department for
and the Department approves the application of'said
certificate, on the for a license 10 operate and directs the issuance of this
�OY Of 19AI
This license shall continue in force for one
year from the above date unless renewed, extended.
withdrawn, or revoked for cause, unless
ren)ewed, ex,
Matcta %Itr: 6 children. age* six
eighteen,through either sex.
n
Dis �fc t firinis rotor
Jill
.1,
11
0
NARR•ATI VE
CHARLEE o3 Dade County, Inc.
985 Nontim.6t Fimt S&,cct
bkami, FL 33128 -
Phone No. 326-0611
CHARLEE .c6 a mo tam pi A Qwt f cat` ! ` de dtgned to ►vcov.ide a
mtxhotl v� ccvi i.ng bon r-W&e►= who woutd benei t by a 6CLL�+ta
Sit i t '`Y*CHARLEE cwmentty has tm itegulan.Ly ci
home ino7e-umtion in Uadc County and a third i4ith iA now pnovcAianatly Liam ad.
The homee, tocationa and euxnent LLeenae, numbvta an,e as 6ottow6:
(011183-33)
Shenandoah Homes, 1795 SW 12th SLieo t 33135a (01184-101
Coeonrst GRove Home, 4110 abodxidge 33133 (0 101 a4-t S )
Pnov.�,a.c,anat
Faeh hose pwvidea cane jon up to Aeven ehUAan, agea -&.ix through eighteen,
not" and jewatea, with pv:Macy co ationin the ten to seventeen ya" ag a group.
ve neaomcm the Lccen6.ing, W . A .the -&acne month, bon the thAce above mm oned
homt t. We neeom ad maxi be at -&even. (White atx -iA their .ideal pbput&UO- K. oe-
eAaioMUM they aae p►eepaned to Uceept a -&eventh chUd .into the homee
l
d. 1o/1t/a4
►,r
LRljeb
A,ttach+per�ta = L"41. od Said e .
Apptovatl n 60it a Lceenae
c vva R,ighta Compugume
Sa"itatton Repoxta
FUC Repox to
o"R nan
HUMn Svw.icea Couna eton 11 iz
Ucenaag Unit 436 Y
Hcaaa,e S AM lugfi"
vytce6 Coun-<on Suptawtaoa iI
Ltcen-&ing Unit 436
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1•"ai.. F1ct 33130
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nrnIGll ion rVR n LICENSE
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-111; L. CCI MLIC. Win r11C11trI441! I'.i IFICl1 r•11II'll Cot 1u1cl v1 cllIld 11tot;�,:I
Aaci.c tics, Itle larmbly al-wcy Alt a Llccltse.
x .to plov<•d��
to vpaatc a chi•Cd pCite i.il acicllcy.46
.
EE_of Dade County , Inc.
Naft pi Agency
1
5 N.W. First Street'. Miami,
FlpLft 331
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164 J Syy� P 2 :04
044an t, 'No 9�133�
September 30, 1986
Toe Planning & Zoning Hoard
City of Miami
275 N. w. 2 street, Roan 226
Miami, Florida 33128
Res Charles House
1640 South Hayshore Drive
I haw lived at 1645 South bayshore Drive
for 46 years, and have always been proud of
my neighborhood.
This has, I believe, always been considered
a "good" area - old, conservative, fairly
affluent, and quiet except for the ever-
increasing traffic.
I am oppo"d to locating the Charlse House
in this neighborhod, because I think it is
out of place. In my opinion such a facility
does not belong hare, and mould be detrimental
to the character of the area.
Thank you.
1
_,,
1644 South Bayshore Drive
Miami, Fla. 33133
September 29, 1986
086 SEP 30 P 3 53
To all of themembers of the
Planning and Zoning Boards'
Administration Department
City of Fliami
273 N.W. 2nd Street, Room 226
Miami, Florida 33120
Re: Charlee of Dade County Inc.
Facility at 1640 South
Bay shore •.Drive
Miami, Florida
Dear members:
I wish to thank all of you for conducting an investigation of the
actpal operation of the Charlee Homes and reaching the conclusion
that in fact, the facility at 1640 South Bayshore Drive falls under
a Community Based Residential Facility category.
I am opposed to the existence of this facility at this location
under any category.
At the meeting of the Zoning Board commencing at 7:00 P.N., Monday,
October 69 1986, my hope is that you will deny the appeal made by
Charles of Dade County inc., to the zoning board:
'
Sincerely.,
Carmen No Barnes
� k
44I '
'LL � r�A��. f}I.. ��fJ � .�Cx
,,, * _ 1 _
'�'C ^.'w •y-41.0 w. x.S�.teen.�._.._'�',�.i4s�a�4�J=ia�a.3iE:#6Sd�.�2..5!�k:.?��'r—.iljLi�
3_..✓ S t fir... A F(.
_
l:. _
A. J. sAgAANCO, in.
aravaN KCLLOUOM
'a
rem M. KINCIOCR
OAVID M. CMAAL/A
MAAIANNa L. rOOANTr
LUIS C.006OADO
AOP! ,f.,•: i
SAW Orrlces
BwBRANCO, KELLOVGH ANDS KincmmiR
Pn0►aSSIONAL ASSOCIATION
26 WCST rLAOLaA STgaar
SUIT[ 10-60
MIAMI, FLORIDA 00160-17e0
TCLCPNONC (3061 371-887S
September 29, 1966
HAND -DELIVERED
Mr. Aurelio Perez-Lugones
Planning i Zoning Hoard
Administrative Offices
275 N.W. 2nd Street
Room 226
Miami, Florida 33129
Re: Charles PrMam, 1640 South Bayshore Drive
Dear Mr. Perez-Lugones: .
I live at 1629 South Bayshore Drive and have lived in Miami
for 18 years. As a private citizen, I have never appeared at any
zoning meetings.
I am•vehemently opposed to the location of the Charles
Program -on South Bayshore Drive. This is not. an appropriate
location for such a project.
Please do not allow our neighborhood to be violated.
urs,
JR. /
AJBJR14:pm
cc: Cesar Odio, City Manager
Pauline Winnick, Office of the City Manager
Joseph Genuardi, Zoning Administrator
Sergio Rodriguez, Director of Planning
Willie Gort, Zoning Appeals Board r
Ray Anderson, City Attorney's Office
G. Miriam Maer, City Attorney's Office
Jose Villalobos; Esquire
Juan Gonzalez, Chief Zoning Inspector
Al Cardenas, Esquire
Xavier Suarez, Mayor, City of Miami
J.L. Plummer, City Commissioner r
Rosario Kennedy, City Commissioner
Miller Dawkins, City Commissioner
T 41
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_ CITY OF W
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a
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a
-96 ga -6 A9 :42
IL
go
Septemner 2C, .19S6
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I
i Mr. Cesar H. Odic, City Manager
City of Miami
Fl ann i ng and Zon i r :,- Board
275 N. W. 2no Strpa•t, Room 226
P. C. eo:: T.30788
Miami, Florida 33128
RE: Charlea Program
facility at
7. ,_IAa S. Bays! -are Dri ye
Miami, Floridet
Dear Mr. moo:`
I am writing this 'to you and other members of the
City Commission ano Planning and Zoning Departments to
���'
inform you that I am opposed to the F-iiostan_o of the Charl6a
facilty at• the above location'.
A group of neighbors in this area nas teen meeting for months
and will do all that is possible to bo heard regarding
tnis
f-
matter. Attached is a lettpr which further explains why
the
Charlee Program is in violating of the City of Miami Zoning
t
Oroi nance.
V wm extremely concerned with what goes on : n rtry . r~di gf,honcccd
and would 'appreciate you taking ycit;. 'time to look into
th's
before the October 6th hearing cy the Zoning Board.
Just
=v
think of the d i f f erenea it would make to you if it wore
your
neiphovrhood.
1
•
i h'
Marialena Vaioss
i 3c
CITY OF WAK
LI
16 SEP 26 P 1 S7
September 23, 1986
Mr. Aurelio rere:-t.i,gnnes, Director
City of Miami
Planning and Zoning hoard
275 M. W. 2nd Street. , Room 226
P. 0. Box 3,70709
Miami, Florida 33' 2r-
REa Charlpe Program
facility at
1640 S. Saysmore Drive
Mi ami , Florida
Dear Mr. Peres-Lugprsos:
I am writing -this Ir-tter to you and other members of the
City Commission amp- 'lamming and Zoning Departments to
zn f orm you that I .;It opposed to the exiecance of the Charlee
faci 1 ty at the above l ocat i oro.
A grpup df 'neighbors in this area teas been meeting for months
`rr
and will do all that is possible to be heard regarding this
i4Y
matter. Attached is. a letter which further explains why the
f"
Charl ee Program is in violation of the City of Miami Zoning
<r`
Ordinancsi.
I am extrempl y concerned wi t i - what goes on in my neighborhood
and would appreciate you takinq your time to look into this
bsiore the Octcher 6th he.:. ing toy tt,e Zoning roard. Just
think of the di f ferenst it would make to you if it were your
neighborhood.
;r
SincerelYs ..
Marieiena Valdes
-+� n
1
i
e
. + CITY OF MIAM1. FLORIDA ' J ,1 !CITV
INTER -OFFICE MEMORAtaUMSEP P3
20
To Aurelio Perez-Lugones, Director DATE. September 5,' 1986 ,n�E
Planning A Zoning Boards Admin.
SUBJECT Charlee Program -:
' Appeal of Zoning Interpretation.
Charlee Program Facility a
osep A.•Genuardi, P.E. CBRF located at 1640 S. BayshorC
FROM in dminiatrator REFERENCES. Drive
Building A Zoning Department
ENCLOSURCS
Attached is additional material which I have received since my
memo of August 8, 1986.
cc: Zoning file
77777777
.....,,
The
CHARLEE
• ` Program
Children Have All Rights:
Legal. Educational, Emotional
Octobar 11. 1985
Mr. Joseph Genurardi
Zoning Administrator
City of !Miami
Miami. Florida
Dear Mr. Generardi:
As discussed at our meeting, I have enclosed a copy of the letter
which verifies the fact that CHARLEE Homes are considered by the
State as foster homes.
An additional letter is being -provided by HRS in Tallahassee and
I will forward this directly to you upon receipt.
If you need any further information please do not
hesitate to
contact me at 666-5397 or our Executive Director*
Doris Caprie at
the number listed below.
Sincerely.
1
Nan Rich
President
NR/cm<
•1
iut
ti tC>
f
4t
,
CHARI.E!~ of Dsdt;.Coijay.. nc_
�
wt
VAS N.W. First St. a 114mi, Florida 13129 • 3oS 124044"`
L
N •
STATE OF FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
401 N.W. n venue, oom IUIU# MI&MI,r
City of Miami
Director of zoning
Building and Zoning Division
'275 N. W. 2nd Street
Miami, Florida 33128
October 7, 1985
RE: Charles Homes of
Dade County, Inc.
Dear Sir:
This letter is to advise you that upon expiration of
Charles of Dade County, Inc., licenses on October 31, 1985
at the following addresses, no new licenses will be issued
to that organization.
(1) Bayshore Home, 1640 S. Bayshore Drive, Miami'
(2) Belle Meade Home, 674 N.E. 72nd Terrace, Miami
(3) Shenandoah Home, 1795 S.W. 12th Street, Miami ;t
(4) Coconut Grove Home, 4110 Woodridge Road, Miami
This decision is based on the fact that Charles of Dade :.
County, Inc., does not provide services in accordance with
standards established for child caring facilities. Instead,
the services rendered at the four locations meet the criteria
of Therapeutic Foster Homes and these facilities will be licensed_
as such November 1, 1985. Each individual foster parent will a
be licensed for their home. The actions to effectuate these
changes are in progress and will be completed within the afore-
mentioned time frame. =T
ti.
Please do not hesitate to contact me if further information
t.
is' necessary.
Sinc 1
'
�f
ii
;4 AfL
u sa P. Maurer, MSW
Senior Human Services •�`
Program Manager, Children
Youth and Families Program
• � < dr.
tt T
DISTRW r EI.E E.
., 4it il! t �K.11 L►11 1 a 1�'kliwl Nt .. , s,
"r y�
,t, .z..t' =i- r-• �� .•: t .�.- `'kk;'¢).`�i ��x'�a?.�+ Y: �.^`�u� .. �.L...�+. .ate
The
CHARLEE
irl Program
Chil lmn Have AU nights:
Legal, Educational, Emotional
Date: September 4, 1986
To: Edith Fumtas, DirseWr,Plannirg & Zadn8 Dept.
Fhem Nan Rich, President, Board of Directors, Owl**
Subject: Charles
Ew bm
Charles g�, ii� by MrUwilI 3;mrd' T fZeli�. District
Cotstsel far r the of Health and Rahibilitat�ve
Services.
cc: W. Joseph Guwar&, Ass't Director of Zanft, City of Mind
0
CHA IM
$ � gas N,W. First3t. • I
• urn
.'p
-r l
of Dade Cmacyl
Via, flp�id+ii:3��?,�! 3QS/�26�46?7 'r � ry
STATE OF FLONDA
DEPARTMENT OF HEALTH AND REHABUrATIVE SERVKMS
3300 N.W. Twenty-seventh Avenue, Miami, Florida, 33142
Ms. Man Rich, President
Charlee of Dade County, Inc.
11621 S. W. 57th Court
Miami, Florida, 33156
August 29, 1986
Re: Charlie Program faci 1 i ty at
1640 S. Bayshore Drive
Miami, Florida
t<4
Dear Ms. Rich:
Per your request of our district administrator, Linda S. Berkowitz, we
have asked our d'strict legal counsel to review the letter from Joseph A.
Genuardi P.E., assistant director and zoning administrator regarding the possible
zoning violation of the City of Miami Zoning Ordinance by the above facility.
Enclosed is a copy of Mr. Helfand's response to our request.
If you have further questions, please contact Mr. Helfand at 377-5080.
Very 1 rs,
via Wili"i&=
Senior Human Services
Program Manager, Dependency
OWN" MAN"
,e g
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■
STATE OF FLORIDA
DEPARTMENT OF HEALTH AND REHABUTATNE VICES
401 N.W. 2nd Avenue, Suite 1070, Miami, Florida 33120
August 19, 1986
DLC
SUBJECT: 1640 South Bayshore Drive
TO: Sylvia Williams, DPCYFDP
This facility is licensed to the foster parents
STATE OF FLORIDA
DEPARTMENT OF HEALTH AND REHABUTATNE VICES
401 N.W. 2nd Avenue, Suite 1070, Miami, Florida 33120
August 19, 1986
DLC
SUBJECT: 1640 South Bayshore Drive
TO: Sylvia Williams, DPCYFDP
This facility is licensed to the foster parents
the Af_ timos - and is a foster home.
Although it has six rather than five youngsters,the
•
rule of 050 can be waived, or otherwise'it could be
considered a foster home which exceeds the foster home
capacity by one. Whether the Charles Program owns the home
or the foster parents is irrelevant for the statutory
definition of a foster home under S409.175 Florida Statutes.
Please advise if you have further questions.
w
Leonard T. Helfan �•
.g°t_
District Legal Counsel
•}
ICY_
AUG 21 1980
<:
a
DISTRICT 11 - DPOCYF
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.
IM N14 .11A11AM. l A A It11S1 N1
��9lFlll@Yldl-I'�h.?s��.d�3—.a'17C.� _'�.f`�:tat"!'Z 1-�"�?? ,._£V'�+fM .i Yi_:,"? �_'?.,�ATk.�.�_.'�ia_+N2:si__i^.�'""++'-_'�' �" ��fi�lil�cfl'tS•w�iS. — _
Ch. 409 SOCIAL AND ECONOMIC ASSISTANCE
140 I?S Llaewa of farshily WIN hontes, low"
t (Ipurpose of this !auto profs abet the
heafm safety. and WON" of all dftw in the stall
who we sand br by fanny foster homes. residential
.perrp u and child•plseing agenccies by
providingfor the establishment of lieensirq require-
meets for such hates and agencies and providing pro-
codursa to dstennirhs adherence to those requirements.
(b) Nothing in this section gives any governmental
agency )MIsdifton or authority to regiAaM. Control. or
supervisocurriculum formoar of i fermi tosteratgs�rni apd a
Child -caring or child -placing agency, provided the
heaftlt, Wety, or of the etsitd is not adversely
affected.
(2) As used in this section. the term:
(a) oAAgwsy' moors a reddentiol chid -wring age .
torid with e S DG$ linent of Educmeans a ation whichhool ation asa school. �
program mull "Mow eotsbiidsd sehod schedules. with
htllidsy broke and summer recesses in accordance
with other public and private sc col programs. The chi.
dram in must cu:tomariy ntum to their frhwy
hornes legal guardians durif+p school s and
nwo not btrial
e in neidence yen round..,oapt that this
provision does not apply to hlrarprh shudehts. The per -
onto of Owe clinics retain custody and planning and
( T:hitd" insans any unmarnied person under the
ape of is years.
(d)fg agency' moans any person. cor-
poratip % or agency. pubic or private. other than the par -
ant or logal guardian of the chid or an intann diary acts
kv phursuant to dhmahter ex that receives a dwa for
plamm1e1t and places or arranges - far Mop— Pin+eM of
• a chAd in a foster frame. residential chod•eariog
apeehcy. or adoptive horns.
(d) , 7FW* foster horns' mnlf+s a p ivato residehoe
in wiiMClh CM O-M +who an unstterided by s parent or Is-
9M guvpidn an provided 24hour caw. Such hares in-
ftrgartey shelter fang harnM..lamiy Seater.
homes. anted apoea>Iid foster hams: for children.
with spacial needs. A parson who Cam for a OWd of a
fnsnd for a period not to exceed 90 days, a rNstive who
Cara$ for a Child and does not reesive reimbursement for
Such Ciro from the State Or federal government. or an
adoptive home which has been approved by the depart•
ment or by a reensed Child•plaeing agency for Children
placed for adoption is not considered a family foster
home.
(t) 'Operator' means any on•sih parson ultimately
responsible for the overall operation of a chNd•pl"
agency, family foster homi. or residential chil0.cating -- —
agencywhether or not he is the owner or administrator
of such an agency or home.
(9) Vwnse msons the person who is hconsod to op•
ante the d*' mcirq agency. family foster home, or
residential chid-C" agency.
(h) 'Pardo mW mans all owners. operators. sm-
ployea. and volihtens working in a chid• tnq agen-
cy. I** foster home. or resichm dal CIWd-cark+g agency
who maybe arahloyed by or do v Rawlsor worts for a par.
SM. corporation, 6r agency which holds a kanse as a
dhid•plocirg agency or a raaida 111al dwdtaritq agen-
cy. but the term does not include those who do not work
on the pnmisas wham ON we is furnished and sieve
have no dirW oonted with a ON or haw no contact
with a child outside of the presence of the Child's parent
or guardian. For purposes of screening, the term shell
include any member. over the age of tZ years. of the
famiy of the owner or operator or any pasm other titan
a dint, over the age of 12 yaws, residing with the owner
or operator if the agency or fanwly foster home is located '
in or adjacent to the home of the owner or operator or
if thelaniily member ol, or person rssi lii i with. the own•
or or operator has any direct oontaa with the children.
Memb n althe family of theowner «operator, or par-
sea residing with the owner or operator, who are tw
tween the ages of 12 years and is Yew shell not be re-
quired to be fingerprinted. but slats be swooned for do-
inghmhcy roeor W . For purposes of sm seIng, the term
opera~ shall ciao irhekude ownW& epsraron. am•
ploysse, and voluntwo aumrsr or recn-
ation Canhpaproviding 24•houreardtoreMlmMen• A value
tour who swift on an intermittent basis for less than 40
ham per month anal not to in the teen OW
Sasser for the purpom d Amesk4'4► the
volunteer is unit dineec and supefvheon by
pensions who most the pesonnal,nquinmqnts of this
aePON
(i) 'Residential &Ad•cerirg 1r mseirhl! any pr-
the
soon, eewpotation, or dWSpar*d agOnw,.�P�y-����.�YY�.�-����1�4o�jj►��-�P*4611a. o��r�.tf/+am
Stalf0d 2"w care for
for that purpose. ngsndi�s,ux.O
for ,t
groat or wehhehe► afee is ;3+
Carirq sgaridis inettadi� 4utana not finites eo. t"nt�M '�:
homrls. � �: t1a!Na•att';ad• `*`
fmifli:tated.0y af++�y�.anwq.n�► MIME#��h an
not in•priva"..s!�.Alhd Ate•
denoagMKa1� olio
a010010. o *M* 4 ran liortsi flpn: t itM!0 ;
for the training. Vono wl. or fiechre,c s a
4
FA Im - SOCIAL AND ECONOMIC ASSIVANCIE Ch. 40
th or facilities licensed under s. 393.067 or B.
(D -saew*W means the act of anessing Me back -
round of personnel and includes, but is not Waited to.
iyocyrnent history checks, &Ax:ks of references. local
ukhinal records d, -m s through 6=9 law anforcernent
890"CIS& firgarprintkq for ON purposes and checks in
this paragraph, statewide criminal records checks
tiMougl+ the Osper"ent of Law Enforcm! t. fed"
OWMM recom cmem through the Fed" Burm of
Invesegaft% and abuse m—v—w--T- emwwm.
(3xa) A person. fermily foster hones. or residential
chdNWft agency shell not receive a chid for conlinu-
09 ka.,j" Csm or custody oft" such pww% harm.
or agency has W procured a ilmnli.from the dIW-
ownt to provide such cam. This cement does not
sawo a person who b a relative of tfte Chad by b1oo0.
Wrimp or adoption or to a too querdISM, a
who has received VW child from
comedchildINCIng agency, or an m"Wmmm" for tM
purposes d adoption to chapter U
A person or agency. other �dm 9UPWftelth Lor legal
child or an d in a.
* piece or snags for the placersit of
a dined in & ftn* Inter frame. residential ChildocBring
agovy.oradop"i hornOuntilINSUCISPOI Or 11 - PI F" 1
has� first procured a I,,! m from the depoUnent to do
so.
(C) A state. County. city. Of POIIWMI S"vW= WW
not operate a residential group care agency, or receive
ftmdy %6W homes.or **Ovs homes without a
Cen I issued pmWjW to the section.
(d) This ftea" rsquilrarnemt don not apply to
&---- s F-Ir m Asrscrn*m and Sumner COTO& mxs.
inghomes, ho@pMKcar topersons homelarchildia
Olkiendsor-'Ohnointheir hoWfor periods not to
extWgDdays orlopersona who Nkanm**VdScMd
OW adoom tram licensed
(e): The ."wAIN W- or
" OM a 1161ser-old Child of 17jeer-old Child in his
ClAn wdWWWW neiderree. or in fife U NO , - S
MU of an 8M WhO has no SOWWWY MPWM*dtY
fW 0% dft presided the department or kensW child -
OWN agency mmm p4wAjory responsibiRy for the
chic
OXG) Them gob 0 t em PMNWAPW 04 amend
""S" Aft for Wnily foster homIeI residential Child.
"t"Legencift. end cift1laft "SndW The W
QW-qqp"S 1W, NG � m Me end operabom AM bl*jft:
l. Us operation, conduct, and maintenance of
tre
ss
homes and own=$ and the MP&Nmty WNM
t'sY ASSIM for Children served and the oidencs of
14"Jor that service.
. A -, The powsm of food, clothing. educational W
ftnw4ft- Wmes, squipnent. and M*Owumi yuppies
tO "WIN hes" *wtionel, &W rnental
oWU at the Children served.
3 The appropnSteness sooty. clasnane", and
Aft haft to Provide for the Physical
CV4. and via-Wq of the children served.
4. The ratio of staff to Children "UM to PMMQ
W"WtS are and quip"sion of the elfton served
and. in the case of foster WM- the muknw" MROW
of cM&w in the horns. -
5. The good ffall character based UPOn SO GO -
education, trainkp. and oxperkh-40 nquirerrhenis for
perwMhel. At&n**nurn.s0---I--0 sWWm" VWnG
9at a ch*14"twv*y Onto hhome.imams, cing agency.
residential Cliad-cering agency. or summer or recreation
CWV providkhp 24ftur an for bledran have bow
found guilty at. f ,!g .= of a or entered a
pin of polo
MOMS W W--Y to. any IftW pmhftt.
9d under any of the kft - in provisionsof ths, Flarids
Statutes or under any sh ft statute Of WWOW PrWft'
tion:
a Section 7t;2.04. relating to ffourdw-
b. Section IMI. role" 10 ffdrd*JghW.
C. Section "=I. fee" to vehWular to
d. Section 7SM rgiming to k&q of an unborn
child by 4n to the M".
e4 Section 7d4411111. felating to as=^ it the vieft
of the GROW wMG a minor.
f. Section 7d4.021. relating to aggravated assault.
g' 3ection M.O& Mating to battery, if the victim Of
the off;;ii was a I*W.
h. 3ection MMIL relating to GOVIVaW battery.
t. Section 7871111, rel&Wq to kidnapping.
j Section 757-02. relating to false hhpnisonnrrsnL
It. Sabo 78TAK NW"-tO NOMN chft from
the state of exam pftpqpW`Contrary to court order.
I. 5-dan 1. 4 sexual battery.
m SGGW MA41. misting to prohibited WM Of
persons in hm 911al or custodial outhoritY.
n. ChWW 795. mk*V to Pm#tUWL
a. Section 7004& NW&q to lewd end Maiv" be*
p. Chapter SM. relating to w*odneu and indecent
exposum
q. $@Clio WIS-011. Waling to arson.
r. Section 612.13, MI4WV to I-ObbMI-Y.
a. Section 826M. M" to Incest.
t. Section W.03, relating to aggravated Child
abuse.
u. Ilection W-04. relSOM9 to child abuse.
v Section WK relating to negligent MISWISM Of
childe
w. child. 3ection BUXII, *elating 110 SOsexual perfamnena
by a
X. Section WAS. M-" to. abuse neg" or sx-
ploitetm of eyed car disabled persons.
y. Chapter $47. WON to Obscene literature-
L Chapter N& (SION 10 *4 41AM Pre"non
and contrA it the Offense was a f"N'Gf N WY'person involved in the QVW
ne@ was, 6 mina.
For the.
purposes of "S SAWSW40% a finWjq 41 do-
iinquency or 4 ply -of riolo' OoIwvdmrq- or o0w^ra
&TO$ 0 4 to alp go n "m a I U 0, 0 a peti4oilping
statute of avow JWW&W. br'any
sets has the SWIS as A 61*q 10 94-
�= xr"
of &p"fim. $.m:h 1 .1 -1 "
all LL
ensure that the Person has "t bawl
gel
CIL- !a S_OCjAL A.,D ECONOMIC ASSISTANCE ---!& 19,15
mined to how committed abuse against a child as de•
Cried in S. 36.01(2) OW (7). to have a substantiated W41-
COW report Of abuse U defined in L 415.503. or to have
committed an act whhefm contitut" domestic Violence
a ft& in L 74130. For MWMMWWS prohibited
under any of the foreg" Florida Statutes or under sort•
filar statutes of other jurisdictions or for judicial determl-
nabons of abuse. substantiated indicated reports of
abuse. or cormnissions of domestic violence used for
dsquafiC , 4 M of a person from working with chddren,
the department may 9=1 an exemption from such a
..v eviderhce to scrpport a reasonable belief that the per.
son is d good character as to justly an exemption. The
perm shall bear the burden of setting forth sufficient
evidence of rehabilitation. W W-4-i g, but not limited to.
ft dmurr*w4w aw&Ax*q the incident, the time
period that has slapsed SWM 00 incident. the nab" of
the harm a P c m mod to the victim. and the history of the
person since the i cide i or such other -circumstances
that 00 by the O"Parovdar.1 standards indicate that
the priors will not present a danger to the saisty, at wall•
being of children. This decision of the department —
p" an exemption may be contested through the
6�0 Go" - M so forth in oft sectiolL S.
Tlisprovisionot nerNim, aid invervice bsinii
for all !aster parents and agency staff.
T. Satisfactory evidence of fammW ability to pro.
vide we for the children in compliance with licens"
�f tL
L ri; nowl ansnca by the agency of records per-
sinifigto '160 -ppWagramhulth.anddischargeol
childis SWV44 Wckx*q; written case Plans and re-
Poft to the deportment.
s" VAM his.hruily
safety of children served.
11. The provAAftiolafor ad
gious. &W O&W vw�m of a awa
12., ftivisions to asis9twid the legal 6" of chl�
ddm ow"o
(b) lnzm!!�M ics 0110 ruin pursuant to this
4POP604PROUG "M ____ d4dncftw M-4 __
o1cue: w-a- atehildranamed;and the
plhys-
ieal. maerMai. emhotional. WW siduceo" needs d t he
Glftsi to be served by a home or agency.
(a) Tha d w-pq eamil �-"- shall not adopt run which intv-
fere with ft free exercise of reigion or which requiste
nigioue Wmm*m or is" in vW child -aft or
ad to ilia
b" of NW ON: with pubic "Wality., or with the fell -
whobesdom orchild 0 pareft. or 100 �10
who0 place their Children insuChIMM OrbOVICIM
(50) An appkation per a license shM be Made an
forms proviided, and in the manner prescrtieO, by the
departrwLThadspartrwitshWImeMad0ow0natim
as to the good Moral ChWWW of the appikant baud
UW aaraer k* "
(b) Upon applicatim, OW department shall conduct
study based on its hewiskV rules. shall A-
spoet the h&M iW the agency and the records. inckX4nq
L aneW records, of the agency. and 00 inteivoft the
applicant. The department may authafte a imsed
chNdo" agency to conduct the licensing ",M
a tsn*y foster home to be used exclusivisy by that &qW
Cy and to VWdY to the department that the hone troetS
the licensing requirements established by the deM.
ment. Upon certification by G NCOMW child-p4ong
agency that a family foster home mots the rw
quWements, the department L40 issue the ficgfte.
(C)I.s. Ace aprerequisite tothe renewelduring calm.
der year ION of an existing ficense for the operation 01
a faster family home, a ChOd-pWfig agency. or & r@&
dential child -caring agency. the applicant for licansure
st all VAM* to the department a compiste so of Snow.
R
pMts,tWMbys1..V_-vW_R IFM
or an employee of the department who is ftnW to take
lingerprints.forallposorin &1,ftsP�Pk-GM'fW*fos-
terhome or mptcy. The alai subMtt the 1611.
9111prinpse to d. Depub wit of Low b4orcemerit for
I M o--ve- IN -1 an0and fa statess.
ere!Surm of
L% The departraant alai review the roads of the
parsoi at" familyfosterhomsoragency
we respect to alarm" F-melmed
(4Xa)5. &W " notily the %"* foster
ragriph
at its M When Osposilim WormsOori ""A'
an a vionk i am , It OW be the responsibifty of the
person being SWWWK upon request of the OWN t•
merit, to obtain and supply with 30 days the ffW"
disposition information to ft dopgreneft
2. After January 1. 1967. a Nceneed Way foster
ham, cMd agency. or residarhelal Chid -caring
"am which apple for rene" of its icwhse shall sub
rM to the depwwant a fist of personnel who, have
worked an a continuous basis at the eMkW ftn* f0G,
ter home or agency since to the
depwWm% identifft ttmose per wipe have to-
cantly begun working d the family ftWW harm or agen-
cy and we awaiting the to a u Its a t as required fty V- -a-@ P-M-4 to
Week, along with the date d the aubmiseW of VOW
&Wwfttw pp RPM' - rkThhe depaitnoltdobyhale
determinathaftsquencla-requests to'vPW-OepWWWd
dLow Enforcement lorun stag wl*nIgm!'WwI -'reow"dwits
for such pares WsxcWfor f.h -- - aweiinp
the results at , ", , I der I I' , ";WCW`-
....W - it OW
at the &p~ G;I;;; horrie or sqwvy`The 'da`-
partmMahalliewiew uha t family lWater hame or agency wish MW. to
the crimes contained in VA*WaWsph (4Xa)L and 00
notify the W* roster home or "Wiry d its lindinol
When disposition WormsOM is mhasirhp an a orYainat
record, it shag be she resparmsibifiey of she pereon teeing
smW*d. upon (SOM of the 011 pa b vi to obtain
and apply ~ 30 do" the missing disponuidort Wdor-
matron to OW deperOvieft
3. Prior to reriewal of a license *AV calarhdsr year
1986, 00 applicant *4 Olin an allid" under perhYty
of perjury stating OW 411 pwswdW at MWIS "o-O—O"
ly faster horria W agency at the time of kvm -Nowel
haw Wpursuant to 04 been IWWWW"� Pu tar JWVAWY 1. IW. the "plicard Ad Op ap W4"
urgw pgrigity of perjury stating that all raw pasorlo
q
PAY, '
Zvi
Ft loss SOCIAL AND ECONOMIC ASSISTANCE CA, 409
hew been fingerprinted and that the rarnaining person•
nil of the family foster horns or agamoyy have worked at
the applicant tamiy later kern or agency on a contim.
VMS leis since being initially Soso and at that family fa•
W hone or agency.
(d) After January 1. IM. as a prerequisite for issu•
achild4aring agency-
lncs of the cabal license to a family later horns, child-
or
Tf+e t shall s
pubmit to the deparMwit a
oonrplate set of thgrp h ts, taken by an authorized law
erdoreertment agency or an the department
who is trained to take ffrgeprinb, for the operator of the
family faster home or agency;
2 The depebrhamt shall submit the Mgsrp in to
tit Ospartrtent of Law Enforeenent for stem process.
kelp antid� for fart processing by the Federal Bureau of
3. TNdepartitmant shall review the rscora of the op•
orator with nepect to the errors contained in subpea•
Ift (4WIL and ahai notify the applicant Of is lid•
When Wooertier 141atlon b missing on a erhmi•
Own, it shall bs are nespormsibiity of the operator,
upon request of the dspsrbmsnt to obtain end'supply
the rtt Bing diapo:ition intfornmation to the
(e)1. AfterJanury 1,196, personnel a a f mOy fa•
tr home at agency shall. within 3 working days after
$Wit to work at the ikmily floater horns or Agency,
sm. within 48 hours, t0 the depertm/�t a complete sat
of Mpprin osier by an authorized law ar arcement
agency Oran errgiloyss a tha depanno t who is trahsd
a oak. IkgprprNha. Personnel at «stater or mere bean
ean>ps providing 24ftw ewe for elifte shah submit
to tits deparbtlsnt a complete set a Mgerphrma oakum
by an Wthw tad law etforcenhent sgenwy or an employ
Mat the de"tmsnt who is trained to take fhgerprhts.
Tlhe dapertlthent ahei eubrnit tie Afmprpnhb to the Do.
IWl nest a Low EMonderheht fbrstaa pnocesa'R and
for fsderel procaskmg by all federal &irsmu a kmstF
gatan. The cmmtrnelt shell nwNw t person being
Oragrapb (4Ka tadaaithe �notify s the tamilyhfaster
�
home. agency. or soma w or recreation camp
244m .me for childrarh of is a Fla s. Wham i�
w
ual inlontwon ie -on a aft record. it sW
be thergpo yes as person being ec u mad. upon
chews a the depranent, to obtain and supply within
earns missing disppoaitan information to the des•
Z Linder the penalty at perjury, such personnel shall
utt to CWOWM with the mWirene is for good nmo.
'o character as contained in paragraph (4)(a).
I New OWSWrw shall be on a probationary status
C"" A dearrmination of compimee with nwhin um
l � forgood be moral character. such new pow
not se r•
compliance shell be auto natioaiy
tweed ham NnPIoynwnt by the family foster home,
gam• or
n+ �1Nr or recreation limp providing 24. 44 are .fox Children
. depaitmemt. upon request of the family foster
Mae y or recreation � hall �sutansas c with action
for now permwmN who have been fhgeprhted and
screened for the hrnily foster harm, agency, or o n ffw
or recreation camp at which May previously worked.
However, if the person has bemn unem4toye0 for more
than 60 days, saanin0 shall be required.
(f) The costa of processing fingerprints and the
state crirtrinei records checks :hap be borne by the ail•
pkmt or the personnel who are being eenenad.
(g)1. The deparbnent may puraw other rsmedies
provided in the section in addition to denial or revoea•
lion of a license for failure to comply with the eereenkp
requireffients.procedure
tzar to
be node by the dqwmwd and the .
ar wm 1� and 4a in 00 accordance
2 When the dapaAnmatt has reasorrble pose to
believe that WaLu de for denial or Wn**W of arnpioy.
ment add, it shall notify. in writing. the applicant. trans•
N, or soww or recreation cm mhp, and the pmreor m at -
It d. the speeNc jam which indicates non•
(( With ft auee�e+o r�gtrinene+b d subpra•
graph & Arocedmrm established for heArkg under chapter
120 shd be waiabM to theappliant. parsec, or sum.
her or recreation camp, and affected paswmel who are
hired on a pal W 0 1 basis and are not on probationary
status, in order to present evidence relating sMar to the
a the
e beats for excAusion or to the denfel of an
p4. The deparbrAnt shall provide procedures for eon•
testing the accuracy of the records used as all basis of
expulsion for ernpioymas on a probationary status.
S. f!ek" on the part of an applicant to dismiss per.
m im who have been found not to bs in corrmpima
with the requlrenenb for good morel character a per•
aolflel Mn1 result h autontetin deniel or revocation a
license in addition to any othe nrr+edia provided in this
section which miry bm pursued by the dsprtn @RL
(h) At the nequest a the depenttnen Vo local oomrh•
ty health unit shop inspect a home or agency Acoor Ing
to the licensing rules Xwnulgated by the department.
wiaih 3tito the Mqm Mimi!
0 � the rgwShall be � an ' opm,"
only be required when avid for by the Im im g age.
mAN npidentiel ehildeanirmg agencies must meet
Rreaahty standrda for sumth agerteiee adopOd by the
Division of stay lire Mai" a tiheOepebtw+ta freer•
once and must to inspected WmAeiy. At I hs request a
the dop&Urm t.. flreadety inspec iaa elafl be conduct•
ed by the Division of sea Fire i lhel a abeal Are de•
partment offioiel who has been cetill ed by the division
as ttavino Cm mpi she tratinil nqu fiZ♦hrpe•
am Map_ amuck agencies. Inapeetion rsports shag
be furnished to the dspartrnett wiafin 30 days of a re,
In "N graces, tt+.lianen+p:Wf a t+te
deparbr� provide oomulaliah an (WASO .
(k) LMon 4Rteneninallon tfnat tfle appi)eardrtteeta floe
Dina minNaum iceaing,rlouir«ttMttti, tlhe �dllperanM►1
ahai isshue all witlqut a t epecfie Pew
or agency at a speWlc lodttint.. "The is nafteri l-
fetsbla. A copy of the icerm Sinai be displayed in a Corr
W3
n
Ch. 409 SOCIAL AND ECONOMIC ASSISTANCE M 1995
spi uous place. The license is valid for t•year from
date of iaauerm unless the license is suspended or
yoked by the department or is voluntarly
by the sera m The license is the property of the
pt�t
to A Manse baud for the operation of a lamely fos
tar home or agency. unless sooner ausparbed, revoked
or voluntarily returned. will expire automatically t
from the date of ism a. Ninety days prior to the
ration date, an application for renewal shall be submit
tad to the department by a licensee who wishes to
hia incense renewed. A incense shah be rsrhewed
the ring of an appYeatbn on forms furnished by the
paronent t the applicant has first met the requirements
nWfted undo this section and the rules promuigat
ad hereunder.
(6)(a) The department may issue a provisional
arse to an applicant who b unable to conform to
i NcarWV requirements at the time of the study. but
S in the time allowed by the provisional Theis believed able to rneet n �
area of a provisional license shah be contingent
the wmb Wasion to the department of an accept" writ
ten plan to om me the deficiency by the expire
date of the provisional ken".
(b) A provisional Nevis may be issued when the
pliant faNs to meet ioeneing requirementsin
VW are not of hrnsdate danger to to ditm and
agency has subnmittsd a eorreotiw action plan which
approved by the daparuhent Nis provisional incense
be ieeued unless the applicant b in complier n with
the
in tits sectiam for screw" of personret
(c) A provisional Manse shah not be issued for a
nod in excess of 1 yew and shuts not be subject to
newel: and it may be suspended if parodic
by the A pooh indicates that kwifficisto
has been made toward commpliana with the requir
entente. .
w!a a equaWfedby f<ah* my mfekda sehedhrled or
amhourwed inspections cla ker eed tame or agenry
any reasonable timms to ktmnstbate and evaluate
comipis ma of the home at agency with the i- W , g
quirenherhts. AMMosnsed homes ant apsrneies ehmeN bs'
Spectid at tart amuMl►.
(b) The dSparMei-I staN irmvptbate Comptainb
detaminns whetnr a home or agency b nesting the
man nquiremments. The d.p.rtrrm.nt Od advise IN
written repahorne of �Yof thhf! npultstion�to�tms
cwww
(OXa) The department may deny. suspend, or r
voles a kenm
(b) Anyof the foNowing actions by a home car
or its penpnrmel b a ground for dermal, suspension.
revocation of a Nana:
1. An intentional or MOWt act matMaNy aft
the health or safety of children in tens home or agency.
2. A viohbon of the provisions of this faction or
ken" Aga pmniulailed p4suant to this section.
moral character a: specified in wbpare�raph (4Xa)S.
the
sthe u
matters
rt
re
affecting
4. Failure to dismiss personnel found in nonm�pM,
re• arse with requirements for good mood character.
sumerbered (90) The department may institute inAftlivs pro.
Oar- cesdings in a court of competent jurisdiction to:
1. Enforce the provisions of this section or any U.
• eons. requirement, rule. or order issued or entered into
pursuant thereto: or
year 2. Terminate the operation of an agency in which
expm• any of the foNovvMmg COnditiona exist:
a. The licensee has failed to take preventive or cor•
haw native measres in accordance with any order of the
upon department to maintain conformity with licensing to.
da• qui►ements.
b. There b a violation of any of the provisions of this
• section, or of any ken" requtnment promulgated
pursuant to this section. which violation threatens harm
M• to any child or which constitutes an emergency requiring
the immediate action.
who & Terminate the operation of a surnmer or ream.
ten• ation cup providYmg 24•hohr are for children when
b
• such camp has wiMliryr and knowingly rehired to eon•
upon ply with the screaming requirements for;w so -i or has
• refucd to temtinste the employment of pereomtel found
ton to be in nonoommpli C with the requirements for good
moral character as determined iri:md�agraph (4Xa)s•
ten nnotl}gics�tion by register rima Mtlin he re� emenAfter t for
the Manure. that a parson or agency continues to carefor
b or to place children without a licamc or, within 30 days
may after written notification by registered mail of the re-
the quiremment for screening of personnel and compliance
with (4Xa)s. for the hiring and continued
pa• empbyment of personnel. that a summmv or recreation
re• amp continua to provide 24ftw care for children
hnspeCtmonm • without Complying. to department shall notify the cep•
progress propriate state4ttor ey of the violation of law and, if rise•
e• usury, shah institute a civil wit to enjoin the person or
agency from Continuing the placement or are of due•
depu
mhent dren or to w1jort the ewmmer or recreation amp from
trm• conWmm�ing the 24•harr are of chgdren.
at (c) Such injmrro w relief may be temporary or per.
time manent.
• (tOXa) Tha department b authorized to seek compli•
rrt• ants with the Ncaainmg requirementsof this asetion to
the tuMat extent possbe by reliance an administrative
to sancRtions and CMI actions.
(b) t the dspa unmet determines Mat a person or
agency b Wing for a OW or b placing a dw without
a a valid license issued by the departmtent or has marls
M• a wiNful ar intentiontl misstatement an any incense apse•
cation or othar doCwnent required to bs read in con nec•
e• tion with en uppilation for a Manse. the department, as
an alternative to or in oonhjwcton with an administrative
agency action against such person or agency. shah make a rea•
or sonabla attempt to discuss, such violation With. and ree-
omnw Comeetive action to, to pwmo a the admtinis•
trator of pia agency, prior to written no0fiation thereof.
The department instead of king a period witfwh which
of the person or agency must enter into oonrhpMarmoe with
the licensing 14.4U nMIRM.ts, nth► request a plat of car -
too" action from the person or agency that demon• t
strates a good faith effort to remedy each violation by
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a specific date. PAW to the approval of the depart-
ment.
(e) Any action taken to Correct a violation shall'be
doarnt Md in writing by the person or administrator of
the agency and verified through follm-up visits by li•
consi g PeraonmM of the department.
(d) If the Person Or agency he$ Wed to remedy each
violation by the specific date agreed upon with the do -
pm Dim t. the departntent chat within 30 days notify the
person or agency by Certified mail of its intention to refer
the violation or violations to the office of the state attor-
ney.
(e) It the person or agency fait to corns into Comp&
ance with the kawns tg requirements within 30 days of
written notification, it is the intent of the Leg"ture that
the apartment witlin 30 days refer this violation or viola•
bons to the off e V the state attorney.
(tlxa) ft is unfawful for any parson or agency to:
1. Movide conWoAng ft*bT* ewe for or to receive
or place as child apart from. his parents in a reaidanbw
group eve beft. family foster hwdi or wit valid hkadoptive
issued by the do" tmint if such
Manse is required by subsection (4). or
2. Make a willful or into itiaw misttatanent on any
ianse appmeaton or other doeurnent required to be
Sod in eonnaetion with an application for a license.
(b) fc is unlawful for any person. agency. or summer
or reeeation Camp providing 24•hour we for children
to will* or intantionaay fail to Comply with the require-
ments for the screening of personnel or the dWrrA l of
Personnel hound not to be in Compliance with the w
gWWn$M for good moral character as specified in sub-
paragraph (4xa)5.
(C) R is unlawful for any person, agency. or sumrrer
ttoo We records recreationZronrh foproviding r Care for Children
purposes other than
suet" for arnpioyawt as specified in this section or
tQ release such kdonnation to other persons for pur.
Poses other ten saresning far employment as specified
in this tadfon.
(d)I. Alm violation of paragraph (a). paragraph (b).
or PWragraph (c) is a misdemeanor of the first degree,
PUnIShMft a provided in s. 7MM or s. MAIM
I A second or arbaequent violation d paragraph
(a). Paragraph (b). or paragraph (C) is a (Many of the third
EG-WOO.. h punisable as provided in s. 775.082 or a.
(a) R is a falom of the third degree, punnishable as
Provided in L MOM s. 775.OS3. or s. 77l N4, for any
Person. agency. or summer or recreation Camp Provid•
Mg 244w r Care for dhitdren willfully, of inter•
arty pur.
Poses Oter than those speOtieds in�twsef 1� or to re.
1"" such rods madon to other parsons for purposes
other Ul
an spedffed in this section.
the departnNnt finds that any violation of this
�etwn err to �
Promulgated ant t0 this sedan
0"" the Children by the.paw or agency In
1hediste danw the depsrtnnent may take the rasp
ant Often into custody and plats them in the care
of snopysr f" foster home or residential d*kartng
agency.
. yes
(1.3) In order to provide irmprovod services to chil-
dren. the department shell provide, or cause to be pro.
vided, to the extent possible within avaiiebte raaourm.
preservice training for prospective later parents and in.
service trai- g for foster parents who are beano and
supervised by the department.
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4
Mr. George Barket offered the following Resolution and
moved its adoption.
RESOLUTION ZB 106-86
RESOLUTION DENYING THE APPEAL BY CHARLES OF
DADE COUNTY, INC., BY AFFIRMING THE DECISION
OF THE ZONING ADMINISTRATOR, THAT THE CHARLEE
PROGRAM FACILITY LOCATED AT 1640 SOUTH
BAYSHORE DRIVE IS A COMMUNITY BASED
RESIDENTIAL FACILITY (CBRF) AS PER THE CITY
OF MIAMI ZONING ORDINANCE 95001, AS AMENDED,
SUBSECTION 2034.1.
Upon being seconded by Ms. Elba Morales, the motion was
passed and adopted by the following vote:
AYES: Ms. Basila and Morales
Messrs. Gort, Barket, Milian and Romero
NAPES: Messrs. Channing and Sands
ABSENT: Messrs. Luaces and Moran-Ribeaux
Mr. Perez-Lugones: Motion carries 6 to 2.
�. yl
f G
October 6, 1946, Item �r
��X -