HomeMy WebLinkAboutSubmittal-2Page 1 of 2
Melissa Tapanes
From: Melissa Tapanes
Sent: Wednesday, November 30, 2005 8:55 AM
To: 'Louise R. Caro'
Cc: rfonseca3@bellsouth.net
Subject: RE: update on fonseca matter
Dear Louise:
As I mentioned to you yesterday, Mr. Fonseca is more than willing to negotiate with Ms. Mann
and the neighboring residents to resolve this matter. In the absence of any proposed terms for
the covenant and an agreement to negotiate in good faith, we do not intend to defer
Thursday's hearing. We have consistently acted in good faith with Ms. Mann, the Silver Bluff
HOA, and the Vizcaya HOA, and deferred this matter for two months prior to Zoning Board in
order to allow the emotions to settle, provide time for Ms. Mann to retain counsel, and continue
our appeal to negotiate. Our certified letters and repeated appeals went without response.
We suggested to Ms. Mann that the neighborhood ought to retain counsel at our first meeting
prior to filing the application. The threat of litigation does not impact our decision to move
forward on Thursday. I recommend that we discuss the neighborhood's proposed terms for a
covenant between today and tomorrow morning. If the proposed terms are acceptable to Mr.
Fonseca, then we can proffer those terms as a condition of approval for second reading. Then
we will have approximately one month to finalize the covenant. We do not wish to waste any
time if the neighbors are not willing to negotiate in good faith, as they have continuously stated
on the record.
I will be in hearings at the Board of County Commissioners all day (and evening) today.
Please phone my cellular at 305.785.2683 to discuss this matter further.
Best regards,
Melissa Tapanes Llahues, Esq.
Bercow & Radell, PA
Zoning, Land Use and Environmental Law
Wachovia Financial Center
200 South Biscayne Boulevard, Suite 850
Miami, Florida 33131
Direct: 305.377.6227
Facsimile: 305.377.6222
Email: mtapanes(a�brzoninglaw.com
The information contained in this electronic message is privileged and confidential and is
intended only for the use of the individual named above and others who have been specifically
authorized to receive such. If the recipient is not the intended recipient, you are hereby notified
that any dissemination, distribution or duplication of the communication is strictly prohibited. If
you have received this communication in error, or if any problems occur with transmission,
please immediately notify us by telephone (305) 374-5300. SU3MITFED U''T0 THE
From: Louise R. Caro [mailto:louiserc@bellsouth.net]
PUBUC RECORD FOF
11/30/2005 ITEM ?z 1 ' ! ON 1,2_ (_O.
Page 2 of 2
Sent: Tuesday, November 29, 2005 7:40 PM
To: Melissa Tapanes
Subject: update on fonseca matter
Importance: High
Melissa,
I've talked with my clients and here is where we are at:
1) Based on past interactions, they are uncomfortable talking to you at this point, they will talk through me.
2) They are open to the following:
a) I will draft a covenant running with the land (they don't want boiler -plate), and after I have their
approval, I will present it to you.
b) They are looking for support for the street closure, and/or some traffic calming solution. You had
mentioned that your client would be able to support it (that doesn't mean we're trying to get you to
pay for it) let's hope that is still the case.
I think it is reasonable given I've just come on board, and it would be an act of good faith given these
developments, to defer first reading. It would also serve to calm emotions instead of adding fuel to the fire. I've
been assured by my clients that they are preparing for litigation, win or lose with the commission; they figure there
is no choice, so they will be hot for a fight before the commission. It seems that we have a window of opportunity
right now to resolve this without litigation; I think we should take it.
Please let me know your plans ASAP (Wednesday morning would be ideal).
Louise
Louise R. Caro
Attorney at Law
3683 Avocado Ave
Coconut Grove, FI 33133
Phone: (954) 632-0569
Fax: (305) 448-0279
Submitted Into the public
record in connection with
item Pz. on s
Priscilla A. Tho p on
City Clerk
11/30/2005