HomeMy WebLinkAboutSubmittal-Commissioner Ken Russell-Emails RE Battersea WoodsFrom:
Goldberg, Daniel S.
Sent:
Friday, October 30, 2015 5:10 PM
To:
Mendez, Victoria; Gomez, Marta
Cc:
Quirke, Amanda L.
Subject:
RE: Battersea
Amanda and I have discussed this extensively and I agree with her assessment. They are trying to get out of the NCD -3
Warrant requirement for diminishing in size any building site in existence in 2005. The unplatted land has a house on it,
so it's a building site. Furthermore, the house is old enough that the unplatted land was conveyed in that configuration
prior to September 1946, so if it falls into the platting exception it's a building site. _
Daniel S. Goldberg, Assistant City Attorney
City of Miami Office of the City Attorney
Telephone: 305-416-1859
cU.= Facsimile: 305-416-1801
dgoldberg@miamigov.com
Assistant: Aida Garcia (305) 416-1815
Disclaimer: This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and
confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client
or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute
a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the
intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender
and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was
received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message. Nothing in this e-mail message
shall, in and of itself, create an attorney-client relationship with the sender. Under Florida law, e-mail addresses and the contents of the e-mail are
public records. If you do not want your e-mail address, or the contents of the e-mail released in response to a public records request, do not send
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From: Mendez, Victoria
Sent: Friday, October 30, 2015 4:23 PM
To: Gomez, Marta
Cc: Quirke, Amanda L.; Gus De Ribeaux; Paul S Figg; Javier L. Vazquez; Goldberg, Daniel S.
Subject: Re: Battersea
Have goldberg come up to speed with alternatives and we can still meet without Amanda. Thx.
Victoria Mendez, City Attorney
City of Miami
On Oct 30, 2015, at 4:05 PM, Mendez, Victoria <VMendez(c�r�,miami og v.com> wrote:
Yes. 1 think Amanda is out of town. Checking. Submitted into the public
record for item(s) PH.4 & NA.3
Victoria Mendez, City Attorney on 09/08/2016, City Clerk
City of Miami
I I , OI�11 On. Oct 30, 2015, at 4:03 PM, Javier L. Vazquez <JVazqueza bereg rsins?erman.com> wrote:
NAM' 55�
We have a meeting set with you for next week on Wed morning to discuss this
matter. My colleague Paul Figg will be joining me as will my client Gus
DeRibeaux
Sent from my iPhone
Javi Vazquez, Esq
Berger Singerman
On Oct 30, 2015, at 3:56 PM, Mendez, Victoria <VMendez(cr�mianligov.com>
wrote:
Javier
We are having a hard time on this. Let's talk next week.
Victoria Mendez, City Attorney
City of Miami
On Oct 30, 2015, at 3:55 PM, Mendez, Victoria
<VMendez(c,miamigov.com> wrote:
Victoria Mendez, City Attomey
City of Miami
On Oct 29, 2015, at 2:15 PM, Quirke, Amanda L.
<alquirkegmiamigov.com> wrote:
I spoke to Javier today. I reviewed
this issue at length with Planning and
Zoning to see if we could get to the
same interpretation, but we could
not. This is an unplatted lot that has
had a house on it for more than 50
years. It is a building site, and no
building site shall be diminished in
the NCD3 without a warrant.
From: Mendez, Victoria
Sent: Saturday, October 24, 2015
12:04 AM
To: Quirke, Amanda L.
Subject: Fwd: Battersea
Can you call Javier in This and see
how we can figure out
Victoria M6ndez, City Attorney
City of Miami
Begin forwarded message:
Submitted into the public
record for item(s) PHA & NA.3
on 09108/2016, City Clerk
From: "Javier L. Vazquez"
<JVazqueznbergersinl ennan.com<
mailto:JV azquez@bergersingennan.
com»
To: "Mendez, Victoria"
<VMendez a@,miamigov.com<mailto:
VMendezgmiami rov. com»
Cc: "Gus De Ribeaux"
<Gus ,gdrpa.com<mailto:Gusna,gdr
ap com>>, "Carlos Tosca
(carlos@toscarealestate. com<mailto:
carlosntoscarealestate. com>)"
<carlos@toscarealestate. com<mailto
: carlo s @toscarealestate. com»
Subject: Battersea
Vicky
As per our conversation, please see
attached. Let's you and I speak
before you route this to Amanda or
Rafael. Thanks
Javi
Javier L. Vazquez
1450 Brickell Avenue Suite 1900 Miami FL 33131
office: (305) 755-9500 direct: (305) 714-4378 I fax: (305) 714-4340
email: Nazquez@ber ersingerman.com I bio
website: www.ber erg s ngernian.com
doing business in Florida resource: www.flabusinesslaw.com
Submitted into the public
record for item(s) PHA & NA.3
on 09/08/2016, City Clerk
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<scan20151023125254091.pdf>
Submitted into the public
record for item(s) PHA & NA.3
on 09/08/2016, City Clerk
From: Goldberg, Daniel S.
Sent: Tuesday, December 01, 2015 11:52 AM
To: Mendez, Victoria
Subject: RE: MCAFEE E-MAIL SCAN ALERT! -BATTERSEA WOODS TENTATIVE # 1827 WARRANT
REQUIREMENT
I can lead a horse to water, but I can't seem to make it drink.
Daniel S. Goldberg, Assistant City Attorney
City of Miami Office of the City Attorney
Telephone: 305-416-1859
Facsimile: 305-416-1801
dgoldberg@miamigov.com
Assistant: Aida Garcia (305) 416-1815
Disclaimer: This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and
confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-
client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could
constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it
to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by
the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this
communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message. Nothing in
this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Under Florida law, e-mail addresses and the
contents of the e-mail are public records. If you do not want your e-mail address, or the contents of the e-mail released in response to a public
records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.
Please consider the environment before printing this e-mail.
From: Mendez, Victoria
Sent: Wednesday, November 25, 2015 1:25 PM
To: Goldberg, Daniel S.
Cc: tonyconsulting@aol.com
Subject: FW: MCAFEE E-MAIL SCAN ALERT! -BATTERSEA WOODS TENTATIVE # 1827 WARRANT REQUIREMENT
Please assist
From: Tony Toledo [mailto:tonyconsulting@aol.com]
Sent: Wednesday, November 25, 2015 11:48 AM
To: Mendez, Victoria; Ellis, Jacqueline; Brimo, Christopher; Cejas, Devin
Cc: Helmers, Leonard J; Pousada, Enrique; gus@gdrpa.com; salome@gdrpa.com
Subject: MCAFEE E-MAIL SCAN ALERT! -BATTERSEA WOODS TENTATIVE # 1827 WARRANT REQUIREMENT
Attachment file : WARRANT - City Attorney Determination Nov. 24, 2015.docx
Scanner Detected: Suspicious Extensions (Virus) Submitted into the public
Action taken : Moved (Clean failed, file has multiple extensions) record for item(s) PHA & NA -3
on 09108/2016, City Clerk
On September 3, 2015 the Miami Plat and Street Committee approved the Tentative plat of "Battersea Woods "T -1827-
A. Condition 25 listed on the letter from Eduardo Santamaria, P.E. Director of Public works of September 11, 2015
(attached) required a Warrant study based on Planning and Zoning requirement.
Mr. Daniel S. Goldberg, Assistant City Attorney reviewed the requirement of NCD -3 and its application to unplanted lands
and has determined that the Battersea Woods T -plat does not require a Warrant. See e-mail to our attorney Javier
Vasquez dated November 20, 2015 (attached).
We are approaching your office to request that you send an (e-mail) to the Department of Public Works, Leanard Helmers,
PE ,Chairman of the Plat and Street Committee, (LJHelmers(d)_miamigov.com and Enrique Pousada , Senior Surveyor
epousada(a)miamigov.com ) removing the condition that we obtain a Warrant before final Plat Approval.
Thank you for your assistance in this matter.
Tony Toledo (786) 306-7706
<< File: City NOA Sept 3, 2015.pdf >> << File: WaRRANT _ City Attorney determination.pdf >>
Submitted into the public
record for item(s) PH.4 & NA.3
on 09108/2016, City Clerk
From: Goldberg, Daniel S.
Sent: Wednesday, January 20, 2016 5:19 PM
To: Cejas, Devin
Cc: Iglesias, Peter, Fiore, Antonio; Santamaria, Ed; Pousada, Enrique; Mendez, Victoria
Subject: RE: Warrant - Battersea
Devin,
Please remove the condition on advice of counsel (assuming you still listen to my advice (P)
Daniel S. Goldberg, Assistant City Attorney
r1"� City of Miami Office of the City Attorney
Telephone: 305-416-1859
`c Facsimile: 305-416-1801
dgoldberg@miamigov.com
Assistant: Aida Garcia (305) 416-1815
Disclaimer: This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and
confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client
or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute
a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the
intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender
and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was
received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message. Nothing in this e-mail message
shall, in and of itself, create an attorney-client relationship with the sender. Under Florida law, e-mail addresses and the contents of the e-mail are
public records. If you do not want your e-mail address, or the contents of the e-mail released in response to a public records request, do not send
electronic mail to this entity. Instead, contact this office by phone or in writing.
Please consider the environment before printing this e-mail.
From: Pousada, Enrique
Sent: Wednesday, January 20, 2016 8:24 AM
To: Mendez, Victoria
Cc: Goldberg, Daniel S.; Cejas, Devin; Iglesias, Peter; Fiore, Antonio; Santamaria, Ed
Subject: Re. Warrant - Battersea
Also I spoke with Dan Goldberg yesterday and he was going to follow up with Devin Cejas sending an email.
On Jan 20, 2016, at 8:12 AM, Pousada, Enrique <epousada(cr�,miami og v.com> wrote:
It is still pending from Zoning.
Also I spoke with Gus De Ribeaux yesterday and explained that this matter would not prevent the submittal,
review, and processing of the final plat, while Zoning issues correspondence.
Submitted into the public
record for item(s) PH.4 & NA.3
on 09/08/2016, City Clerk
On Jan 20, 2016, at 6:31 AM, Mendez, Victoria <VMendez(a�miami og v.com> wrote:
Enrique. Is this resolved??
Victoria Mendez, City Attorney
Board Certified, City, County and
Local Government
Q = City of Miami Office of the City
Attorney
Telephone: 305-416-1832
Facsimile: 305-416-1801
victoriamendeznmiami og v.com
Assistant: Marta Gomez (305) 416-1844
On Jan 19, 2016, at 4:01 PM, Pousada, Enrique<epousada(c�miamigov.com> wrote:
Mr. Ribeaux, as a follow up to our telephone conversation, Devin Cejas and I met Friday
evening regarding this matter and he will be issuing correspondence addressing Planning and
Zoning condition No. 25 highlighted in yellow below and attached.
[cid:ima eOOl.pngkO1D14FB3.AA17ECDO]
Esteemed regards,
Enrique Pousada, PSM
Senior Surveyor
City of Miami
Public Works Department
444 SW 2nd Avenue — 4th Floor
Miami, FL 33130
(305) 416-1232
(305) 416-1278 (F)
epousada a,miamigov.com<mailto:epousada(uamiaini og v.com>
www.miami gov. com/publ ieworks<http://www.miamigov.coM/publicworks>
Tell us how we are doing. CLICK HERE<https://www.surve�nonk-ey.com/r/THD8GR5> to
complete the Public Works Customer Satisfaction Survey.
From: Gus De Ribeaux ailto:Gusdrpa.com]
Sent: Tuesday, January 19, 2016 3:26 PM
To: Goldberg, Daniel S.; Pousada, Enrique; Cejas, Devin
Cc: Javier L. Vazquez; Carlos Tosca; Iglesias, Peter; Mendez, Victoria
Subject: RE: Warrant - Battersea
Mr. Cej as,
As per the below, could you please confirm to Mr. Pousada (and our office) that the warrant is no
longer required on his punchlist.
Submitted into the public
Thanks for your help. record for item(s) PHA & NA.3
on 09/08/2016, City Clerk
Gus Deribeaux
Gus De Ribeaux, Esq.
Law Offices of Gus M. Deribeaux, P.A.
4904 SW 72 Ave.
Miami, Florida 33155
(305) 446-7990
(305) 446-4151 facsimile
gusggdrpa.com<mailto: gus(a�,adipa.com>
From: Goldberg, Daniel S. [Mailto:dgoldberg@miamiyov.co
Sent: Friday, January 15, 2016 3:35 PM
To: Pousada, Enrique; Cejas, Devin
Cc: Gus De Ribeaux; Javier L. Vazquez; Carlos Tosca; Iglesias, Peter; Mendez, Victoria
Subject: Re: Warrant - Battersea
Thought this was resolved. No Warrant for unplatted lands. Any condtiton requiring the same
should be eliminated as a matter of law
Sent from my iPhone
On Jan 14, 2016, at 12:37 PM, Javier L. Vazquez
<JVazqu.ezp,bergersingerman.com<mailto:JVazquezkber eg rsingerman.com>> wrote:
See below....please advise
From: Gus De Ribeaux [mailto:Gus@gdrpa.com]
Sent: Tuesday, January 12, 2016 2:58 PM
To: Javier L. Vazquez
Cc: Carlos Tosca; Salome Gonzalez; Alvaro Alarcon
Subject: Warrant - Battersea
Javi,
It appears that Enrique Posada still has not removed the Warrant Requirement from his punchlist
on the Battersea Plat. As you may remember, he said that he needed something from the zoning
administrator telling him to remove that requirement, because they were the ones who initially
required it. This is despite the fact that the city attorney has already opined that it does not
apply.
Can you have the attorney's office direct the zoning administrator to send that email/notification
to Mr. Posada so he can remove that requirement?
Also, the bond agreement still needs the signature of the city attorney.
Thanks,
Gus Submitted into the public
record for item(s) PHA & NA.3
on 09/08/2016, City Clerk
Gus De Ribeaux, Esq.
Law Offices of Gus M. Deribeaux, P.A.
4904 SW 72 Ave.
Miami, Florida 33155
(305) 446-7990
(305) 446-4151 facsimile
gus(a,gdrpa.com<mailto:gus( drpa.com>
<PSC Letter 9-03-2015 BATTERSEA WOODS #1827-A.PDF>
<image002.jpg>
Submitted into the public
record for item(s) PHA
on 09/08/2016, City Clerk