HomeMy WebLinkAboutCC Appeal Lettergiving our students
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Superintendent of Schools
Alberto M. Carvalho
Board Attorney
Walter J. Harvey
January 8, 2010
Mr. Anel Rodriguez
Administrative Assistant II
The City of Miami
Hearing Boards
Miami Riverside Center (MRC)
444 Southwest 2nd Avenue, 7th Floor
Miami, Florida 33130
Miami -Dade County School Board
Dr. Solomon C. Stinson, Chair
Perla Tabares Hantman, Vice Chair
Agustin J. Barrera
Renier Diaz de la Portilla
Dr. Lawrence S. Feldman
Dr. Wilbert "Tee" Holloway
Dr. Martin Stewart Karp
Ana Rivas Logan
Dr. Marta Perez
Re: Appeal of Denial of Tree Removal Perrnit by the Historic Environmental
Preservation Board
Dear Mr. Rodriguez:
/(
Pursuant to Section 8.1.8.2 (Appeals to the City Commission) This letter shall serve as The School Board
of Miarni-Dade County, Florida's ("School Board") Notice of Appeal of the City of Miami's Historic
Environmental Preservation Board's decision on January 5, 2010, affirming the City's Public Works
Director's decision not to issue a tree removal permit for eight (8) Bishopwood trees located on
Southwest 3td Street between Southwest 24th and Southwest 25th Avenues. The grounds for the
appeal of the HEPB decision, include, but are not limited to the following:
1) The HEPB's decision was not based on competent substantial evidence;
2) In rendering its decision the HEPB relied solely on matters outside the scope of its jurisdiction;
3) The HEPB ignored evidence and testimony, including City staffs recommendation, which
showed that the School Board's request for a tree removal permit met the criteria established by the
City of Miami's ordinance for tree removal;
4) Denial by the HEPB of the School Board's request for a tree removal permit is inconsistent with
the City's ordinance permitting the removal of invasive, exotic, non-native trees; and
5) Denial by City's Public Works Director of the School Board's request for a tree removal permit
was arbitrary and capricious and said denial presents a danger to health safety and welfare of the
general public.
The requisite filing fee is being provided along with this Notice of Appeal.
Very tr)dlyJyours,
W'A
Lui M/ Garcia,
Depu Assista
Board Attorney
SCHOOL BOARD ATTORNEY'S OFFICE • School Board Administration Building • 1450 N.E. 2nd Ave., Suite 400 • Miami, FL 33132
305-995-1304 • 305-995-1412 (FAX) • boardattorney@dadeschools.net