HomeMy WebLinkAboutSubmittals-Amy Boulris-Email Update on PZ.7Submitted into the public
record for item(s) PZ.7
From: "Boulris, Amy" <ABoulris@gunster.com> on 02/25/2016, City Clerk
Date: February 17, 2016 at 10:03:57 PM EST
To: "'Melendez, Eleazar"' <EIMelendez@miamigov.com>
Cc: "Mendez, Victoria" <VMendez@miamigov.com>, "Min, Barnaby" <bmin@miamigov.com>, "Greco,
John A." <jgreco@miamigov.com>, "Bentley, Kimberly" <KBentley@miamigov.com>
Subject: RE: Update on PZ.7
Eleazar,
I take exception to several characterizations in your email below.
During our conversation today, I let you know that upon hearing through our client that
Commissioner Russell wanted to meet prior to the originally scheduled hearing, I immediately
contacted the City Attorney's office and offered to do so, with the participation of the City
Attorney's office to the extent they can assure avoiding a Jennings violation. I followed up a
second time with an email, and no one responded to that. To say that we declined a meeting is
inaccurate, and I have the emails to John Greco/Victoria Mendez to prove that — you might
check with them about that (e.g., my email of 1/27/16).
While my email offering to meet, properly coordinated through the City Attorney's office, went
without response, a press conference occurred. During that press conference, Commissioner
Russell indicated he wanted the church and applicants to meet, and we are doing so,
tomorrow. I have again invited the City Attorney's office to participate, and they are sending
some one. At Mr. Pastoriza's request, this is meeting among counsel only, though we offered
to include principals. During our call today, you expressed a preference to convene a meeting
at which Commissioner Russell would preside. In light of the meeting that has already been
coordinated, and Jennings concerns, I suggested that tomorrow's meeting go forward first, and
if it would be appropriate to convene any further meetings involving Commissioner Russell, we
would consider that, again, in coordination with the City Attorney's office.
I have deemed it unwise to meet with any Commissioner absent participation by the City
attorney's office in such a meeting, but I have not declined to meet. As I explained, and as you
should relay accurately, the reason for this is Jennings rule concerns and ethical courtesy to a
represented party in a matter that has been the subject of litigation. I had previously
discussed these concerns with a member of the City Attorney's office who did not disagree that
such a meeting could be problematic. I have copied members of the City Attorney's office here
to be sure they are apprised of what I actually stated to you today.
As an FYI, the only exception to the Jennings rule enacted by the city (pursuant to section
286.0115 Fla. Stat.) of which we are aware is in section 7.1.4.5(2) of Miami 21. The exception
is limited to City Commission consideration of exceptions, variances, special area plans,
rezoning or appeals on warrants, waivers, zoning approvals or certificates of use (see section
7.1.4.2). The exception by its terms does not include historic designation decisions under
Chapter 23, apparently leaving the Jennings rule intact on this matter. The most overlooked
point in your email below was my statement to you that we and our client have no intention of
offending Commissioner Russell, but merely wish to abide by the law as we presume he also
desires to do. I declined your request to directly email Commissioner Russell with this
explanation because it is not my place to provide him legal counsel, and I continue to decline
15-D1kE2 h6J- Svblmirii1— PI(. I of I(L - th'iti 1 r Uptfa>k c'i Pz.--1
direct contact with him on this quasi-judicial matter absent involvement of the City Attorney's
office in a manner than avoids a Jennings violation by us.
Sincerely,
GU NSTER
FLORI6A'S.LAW ciRM,FOR-BuSINCSS.
Amy Brigham Boulris I Shareholder
600 Brickell Avenue
Brickell World Plaza
Suite 3500
Miami, Florida 33131
P 305-376-6062 F 305-376-6010
Qunster.com I aboulris®gunster.com
From: Melendez, Eleazar[mailto:ElMelendezOmiamigov.com]
Sent: Wednesday, February 17, 2016 8:26 PM
To: Russell, Ken (Commissioner)
Cc: Mendez, Victoria; Min, Barnaby; Greco, John A.; Bentley, Kimberly; Boulris, Amy; Bentley, Kimberly;
Regalado, Tomas (Mayor)
Subject: Update on PZ.7
Importance: High
Commissioner:
I wanted to update you on your requested meeting to discuss PZ.7, which deals with the designation of
St. Jude's church in Brickell as historic. Both myself and Kimberley Bentley spoke to Amy Boulris, an
attorney from Gunster representing a party that opposes the designation. We explained to Ms. Boulris
that, as had been requested over a month ago, you wished to meet with her client to understand their
position on this item. We additionally explained to Ms. Boulris that, as requested earlier this week, you
wanted to meet with both parties to understand where common ground on this issue could lie.
Ms. Boulris declined both invitations, indicating it might be "not wise" to have an ex parte
communication with you on this item. She indicated the instead she would be meeting tomorrow with
attorneys for a party in favor of the designation, and had invited the city attorney.
I explained to Ms. Boulris that both Victoria Mendez and Barnaby Min in the city attorney's office had
indicated to us there was no impropriety in meeting as long as you later made the appropriate
disclosures from the dais. Ms. Boulris still declined to meet, indicating she had been advised by John
Greco in the city attorney's office that meeting with us could be problematic.
I asked Ms. Boulris to please email you explaining why she was declining to meet with you, and she
declined to do that as well.
Ms. Boulris additionally indicated she did not feel it had been appropriate for our office to have had
direct communication with her client, as we did a few months ago, given they were represented by
counsel at the time. Ms. Boulris additionally indicated she was unhappy that you had held a press
Submitted into the public
record for item(s) PZ.7
on 02/25/2016, City Clerk
conference on this issue last month. Ms. Boulris additionally indicated she was unhappy with Mayor
Regalado's statements on the radio regarding this issue.
Let me know if you have any questions regarding this matter.
Eleazar David Melendez
Chief of Staff
Office of Commissioner Ken Russell
Miami City Hall
3500 Pan American Drive
Miami, Florida 33133
Office: 305-250-5335
Mobile: 212-729-6672
Submitted into the public
record for item(s) PZ.7
on 02/25/2016, City Clerk