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HomeMy WebLinkAboutSubmittal-Rudi Duemichen-PowerPoint PresentationSubmitted into the public record for item(s) PZ.9 on 07/25/2019. - City Clerk The City of Miami's professional planning staff and legal department has recommended denial of Babylon's up -zoning request. What then explains the votes? 5900-Submittal-Rudi Duemichen-PowerPoint Presentation Submitted into the public record for item(s) PZ.9 on 07/25/2019. - City Clerk The answer lurks in the campaign contributions by the Applicant's law firm, Applicant, and related interested parties. "Follow the money" Submitted into the public record for item(s) PZ.9 on 07/25/2019. - City Clerk Questionable Campaign Contribution to Reyes #1 BERCOW RADELL Business Firi_s-1 Check FERNANDEZ & LARK 12/29/2017 200 South Biscayne $1,000.00 Boulevard, Ste 850 Miami, FL 331310000 #115 BERCOW RADELL Business Law Firm Check FERNANDEZ & LARK 5/31/2018 200 South Biscayne Blvd., $1,000.00 Suite 850 The information above is readily identified in Reyes' contribution reports for his upcoming November 2019 election. Bercow Radell Fernandez & Lark is the law firm that represents the Applicant Babylon in this re -zoning request. Melissa Tapanes, Esq. is a shareholder at Bercow Radell Fernandez & Lark. Submitted into the public record for item(s) PZ.9 on 07/25/2019. - City Clerk Florida law requirements for campaign contributions • Section 106.08(1)(a)2, Florida Statute prohibits a person or political committee from making contributions to a candidate in excess of $1,000 for each election. • Section 106.19(1)(a), Florida Statute prohibits a person or organization from accepting a contribution in excess of $1,000 for each election. • In short, a person or entity can only contribute $1,000, and a person or entity can only receive a $1,000 contribution. Submitted into the public record for item(s) PZ.9 on 07/25/2019. - City Clerk The contributions by the law firm to Commissioner Reyes continue... Attorney Directory JEFFREY BERCOW SHAREHOLDER BEN J. FERNANDEZ SHAREHOLDER MICHAEL W. LARKIN SHAREHOLDER MELISSA TAPANES LLAH U ES SHARFH01 DFR GRAHAM PENN PARTNER MATTHEW AMSTER MONIKA H. ENTIN TOM ROBERTSON PARTNER PARTNER PARTNER MICKEY MARRERO PARTNER http://brzoninglaw.com/firm-directory/ Submitted into the public record for item(s) PZ.9 on 07/25/2019. - City Clerk #268 Michael J. Marrero Individual Attorney Check 2/26/2019 2703 Day Ave. Unit #9 $250.00 Miami, FL 331330000 #2701 Melissa T. Llahues Individual Attorney Check 2/26/2019 3767 Camen CL $5010.00 Coconut Grove, Fl - L331310000 331310000 #271 Michael Wayne Larkin Individual Attorney Check 2/26/2019 3530 Flamingo Dr. $500.00 Miamii Beach, FL 331400000 #272 Joshua Michael Entin Individual Attorney Check 2/26/2019 17466 S W 35th Ct. $250.010 Miramar, FL 330290000 #275 Thomas H. Robertson Individual Attorney Check 2/26/2019 5930 S W 104th St. $250.00 Miami, FL 331560000 #276 Matthew G. Amster Individual Attorney Check 2/26/2019 6656 S W 116 Ct #506 $250.00 Miami, FL 331730000 #278 Ben J. Fernandez Individual Attorney Check 2/26/2019 1837 5 W 23rd St. $500.00 Miami, FL 3314500100 #281 Julie Russin Bercow Individual Homemaker Check 2/26/2019 590 Lakeview Drive $500.00 Miamii Beach, FL 331400000 #289 Graham C. Penn Individual Attorney Check 2/28/2019 4014 Lincoln Street $500.00 Hollywood, FL 3302100001 Submitted into the public record for item(s) PZ.9 on 07/25/2019. - City Clerk Carollo has received substantial amounts of funds from Babylon's owner and its law firm #425 BERCOW RADLLL Business LAW FIRM Check FERNANDEZ & LARK 11/14/2017 200 South Biscayne Blvd $1,000.00 STE 850 Miami, FL 33131 #426 FRAISANT ENTERPRISES Business Services Check CO 11/15/2017 555 NE 15 5T $1,000.00 STE 100 MIAMI, FL 3.3132 #427 CASA BELLA TOY 14, INC Business 5ervicesToy Check 11/15/2017 180 ISLAND DRIVE $1,000.00 KEY BISCAYNE, FL 33149 #428 CENTAURO CORP Business Services Check 11/15/2017 555 NE 15 STREET $1,000.00 #100 MIAMI, FL 3.3132 #429 BAYPOINT OFFICE TOWER Business REALESTATF Check INC 11/15/2017 555 NE 15 STREET $1,000.00 STE 100 MIAMI, FL 33132 #430 CALIPOLIS CORPORATION Business SERVICES, Check 11/15/2017 555 NE 15 STREET $1,000.00 STE100 MIAMI, FL 33132 Submitted into the public record for item(s) PZ.9 on 07/25/2019. - City Clerk Carollo has received substantial amounts of funds from the law firm representing the Babylon #121 Joshua Michael Entin Individual Attorney Check 9/30/2017 17466 SW 35 Ct $250.00 Miramar, FL 33029 #122 Melissa T Llahues Individual Attorney Check 9/30/2017 3767 Carmen Ct $500.00 Coconut Grove, FL 33133 #123 Michael Wayne Larkin Individual Attorney Check 9/30/2017 3538 Flamingo Dr $500.00 Miami Beach, FL 33140 #124 Michael J Marrero Individual Attorney Check 9/30/2017 1795 SW 16 St $250.00 Miami, FL 33145 #125 Matthew G Amster Individual Attorney Check 9/30/2.017 8045 SW 107 Ave $250.00 #323 Miami, FL 33173 #126 Ben 3 Fernandez Individual Attorney Check 9/30/2017 1837 SW 23rd St $500.00 Miami, FL 33145 #127 Graham C. Penn Individual Attorney Check 9/30/2017 4014 Lincoln St $250.00 Hollywood, FL 33021 41129 Jeffrey Bercow Individual Attorney Check 9/30/2-017 590 Lakeview Dr $500.00 Miami Beach, FL 33140 Submitted into the public record for item(s) PZ.9 on 07/25/2019. - City Clerk Interested Parties — Henry Pino Registered Lobbyists and Active issues Escarra, Iris V. Address: 333 Avenue of the Americas 44th Floor Organization Greenberg Traung City . Miami Telephone 3055790737 Fax State :FL Zip : 33131 Email: escarraiL@gtiaw.com Henry Pino zoning representative of property at 1430 03/28/2019 S105,00221 Brickelll Bay Drive Henry Pino 1000o Registered Lobbyists and Active Issues Vazquez, Javier L. Address: 1450 Brickell Ave.. Suite 1900 Organization Berger Singerman City : Miami Telephone 3057144378 Fax State JL Zip :33131 Email: ivazquez@bergersingerman.com Alta 1430 LLC Due diligence for possible rezoning of 0612812017 $105.00 4728 property on Brickell Bay Drive Registered Lobbyists and Active Issues Llorente, Michael Address: 801 Arthur Godfrey Rd Suite 401 Organization LSN Partners, LLC City : Miami Telephone 3056732585 Fax State :FL Zip : 33140 Email: michael.11orente@lsnpartners.com Strategic Associates Group, Project @ 1430 Brickell Bay Drive 12/04/2017 5105.00 532 LLC Submitted into the public record for item(s) PZ.9 on 07/25/2019. - City Clerk Contributions by Henry Pino to Reyes' re-election campaign ##294 PATRICIA O. ESPINOSA P.A. Business Law Firm Check 3119/2019 29550 S W 27th Ave. Suite $1,000.00 10 Miami, FL 331330000 #295 1CONCEPT TITLE SERVICES Business Title Company Check INC. 3/19/2019 2950 S W 27th Ave. Suite $1,000.00 210 Miami, FL 331330000 #305 Juan Carlos Freyre Individual V.P. Development R. E. Cheek 3/28/2019 2950 S W 27 Ave. $1,000.00 Miamii, FL 331330000 Submitted into the public record for item(s) PZ.9 on 07/25/2019. - City Clerk Reyes & Cuba Commissioner .neves: Hunton is out of the question; they're doing a lot of business with Cuba. City of Miami — 5/23/19 - Commission Meeting Commissioner Reyes: Yes, sir, because I know that now everybody is going through -- I think what we open -- 1 opened a can of worm -- that everybody -- whoever is going to get this, people are going to be looking like a fine comb to look for any relationship event from Cuba. Now, once again, I want you guys to tell me, there have been some -- come to me that people have -- they had message, you see, my Office, and that there are some Fowlers; that they have done something about Cuba and -- or they represented Cuba. I want, once and for all, tell me the truth. City of Miami — 5/9/19 - Commission Meeting Submitted into the public record for item(s) PZ.9 on 07/25/2019. - City Clerk What about all that Cuba "passion" by Reyes? # 158 AKERMAN LLP Business 9/26/2018 495 N. Keller Road Ste, 300 Maitland, FL 327510000 Latin Firm Reyes wants City of Miami vendors not to have any ties with Cuba. But Reyes readily accepts money from law firms with a Cuba practice. What about "talk the talk" and "walk the walk"? The information above is readily identified in Reyes` contribution reports for his upcoming November 2019 election. Check $1,000.00 Airbnb's Foray into Cuba The short-term rental service made headlines when i-. announced its Pxpansinn into Cuba, making it one of the first companies to take advantage of the loosening of regulations that had for decades prohibited Americans from doing business in the island nation. Behind the scenes, Akerman partner Augusta Maxwell, who heads the firm's Cuba practice, worked .o make the move happen for Alrbnb. By Nell Gluckman ,April 10, 2015 at 06:37 PM Originally published on The American Lawyer Submitted into the public record for item(s) PZ.9 on 07/25/2019. - City Clerk "practice what you preach" P'redicar is moral en ca(zonci os Submitted into the public record for item(s) PZ.9 on 07/25/2019. - City Clerk Ethics Opinion • Miami -Dade Commission of Ethics and Public Trust • Subject: INQ 19-46, Voting Conflict, Section 2.11-1(d) Miami Dade County Code, Exploitation of Official Position, 2-11.1(g). Family members contracted by lobbyist/law firm (April 23, 2019) Section 2-11.1(4) of the Miami -Dade County Ethics Code ("Ethics Code"), doting Conflicts, prohibits a Commissioner from voting and/or participating in a. matter presented to the Commission if he or she has any prohibited relationship listed in the Ethics Code (officer, director, partner, of counsel, consultant, employee, fiduciary, etc.). The Ethics Cade also prohibits the member from voting if he or she "would or might, directly or indirectly, profit or be enhanced by the action of the [boardj..." Submitted into the public record for item(s) PZ.9 on 07/25/2019. - City Clerk Commissioner Gort and Commissioner Hardemon • We are in court now. • And we are entitled to a fair and impartial proceeding. • Think about the recommendation of the planning department, legal department, district commissioner, and the many residents here today. • Bias (a predetermined opinion that is not susceptible to change), undisclosed ex parte communications, and close family or business ties can disqualify Commissioners from participating or voting as a matter of due process — even if there is no statutory conflict of interest • Those participating in quasi-judicial proceedings have a right to expect impartial decision-making on the basis of the evidence presented. Decision -makers should not take a position on a quasi-judicial application until each party (City, applicant, affected person) has made its presentation at the hearing. Doing so deprives a party of its constitutionally protected right to a fair hearing. • Commissioners should not actively involve themselves in efforts to support proponents or opponents of a quasi- judicial land development action. To do so could subject the City and the individual Commissioner to a lawsuit. Submitted into the public record for item(s) PZ.9 on 07/25/2019. - City Clerk QUASI JUDICIAL BIAS http://destinyhosted.com/fortpdocs/2017/RB/20170420_694/4743_Quasi-Judicial%20Presentation.pdf Submitted into the public record for item(s) PZ.9 on 07/25/2019. - City Clerk • Examples of litigation over quasi-judicial bias • "Disquieting in our search was the revelation that a Commissioner telegraphed his decision before considering the information upon which the decision was to be made. We think that was a questionable departure from the fundamental fairness which should prevail when any governing body considers a citizen's request." Huntley's Jiffy Stores, Inc. v Brevard County, Case No. 90 -12261 -AP (18th Cir. Ct. 199 1) (denial of rezoning based on resident opposition) " Edelstein v City of Miami Beach, 3 Fla. L. Weekly Supp. 89 (Fla. 11th Cir. Ct. April 7, 1995) (campaign promises to support a downzoning in advance of the hearing) QUASI JUDICIAL BIAS Submitted into the public record for item(s) PZ.9 on 07/25/2019. - City Clerk > "[a]t the Board hearing before any evidence was received, [the district] County Commissioner ... moved for denial of the Petitioner's rezoning request which would give some cause to question the Commissioner's impartiality on the issue before the Board." ABC Ventures, Inc. v Board of County Commissioners of Brevard County, Case No. 95 -8041 -AP (Fla. 18th Cir. Ct. January 1996) (members of church across the street opposed rezoning for site of liquor store) • Strip club occupational license revocation hearing — mayor campaigned against use and accused it of illegal activities prior to the hearing, and City Manager acted as prosecutor — denial of adequate cross exam and other irregularities in how Mayor conducted the hearing, so injunction granted. Seminole Entertainment, Inc. v City of Casselberry, 811 So.2d 693 (Fla. 5th DCA 2001) QUASI • There must be an orderly and fair procedure. Technical legal rules of evidence and procedure may be disregarded, but no essential element of JUDICIAL a fair trial can be dispensed with unless waived.... The presiding official should be judicial in attitude and demeanor and free from c B IAS prejudgment and from zeal for or against the licensee or permittee . "citing 9 McQuillin, Municipal Corporations §26.89 (3rd ed.)." / Submitted into the public record for item(s) PZ.9 on 07/25/2019. - City Clerk Brickell Bay Drive residents demand due process and equal treatment under the law • Given this information, Reyes and Carollo must be disqualified from participating in the second reading of the Babylon's request to up -zone the property. • The residents of Brickell Bay Drive demand and deserve due process. Reyes and Carollo have not made any meaningful Jennings disclosure, and their ability of being unbiased and impartial is highly questionable. • At a minimum, this quasi-judicial proceeding must be re -scheduled for a first hearing where Reyes and Carollo DO NOT participate in the discussion or voting.