Showing posts with label Bernard Zyscovich. Show all posts
Showing posts with label Bernard Zyscovich. Show all posts

Sunday, September 13, 2009

Architect Bernard Zyscovich loses high-profile case; shown as elitist, egotistical obstructionist tool. Oh well..

Sept. 13th, 2009
2: 30 a.m.
(Am up watching the replay of the IU-Western Michigan
ballgame on The Big Ten Network, which the Herald
Sports Dept. pretends doesn't exist. More on that soon.)

One of the very few nationally-respected and admired
professionals and visionaries based in South Florida
have revealed themselves to be perfectly willing to
misplace their integrity for personal spite and ego,
even if that meant keeping the public good at bay.
Biscayne Bay.

That there are so damn few in the first place,
of course, only makes the reality of this case worse.

AIMCO spokeswoman Cindy Duffy really goes
old-school Clinton-style in trying to spin this,
doesn't she:
She declined to address the city's allegations.
`We feel that's old news,'' Duffy said.

Wow!

When she says "That's old news" I hear
Paul Begala's voice in my head out of habit.

Shades of Rahm Emanuel walking over from the
White House alongside Lafayette Park to the
NY Times Washington bureau on Eye Street
to attempt to spin William Safire and Maureen
Dowd
-and maybe even Jill Abramson.
Which, as many of you know, I regularly heard
about soon afterwards.
LOL!!!

As anyone who regularly comes to this site knows,
since I returned to South Florida, I've come to
greatly admire South Beach architect and designer
Bernard Zyscovich.

I've seen a lot of him over the past few years in
neighboring Hollywood, specifically, over at
Hollywood City Hall, as he and his firm have worked
hard and quite creatively to assist the city in making
the transition into a place that's not only fun, inviting
and aesthetically pleasing to the eye,
but also more logical and predictable in zoning
and design for other professionals to keep up
the momentum in the future.

Sadly, this particular case in South Beach has
revealed him to be yet another brilliant guy in
South Florida who cares more about winning
at all costs, and, seemingly, not afraid of
subverting the law to suit his own needs,
regardless of the public's rights and desires
to see the rule of law respected.

So much for HIS integrity.

Looks like cities that employ him in the future
-like up in Palm Beach County- ought to
consider asking him to testify under oath when
he speaks publicly to their elected officials and
citizens, to more effectively limit the city's liability,
lest he ever try this sort of shameless unethical
stunt again.

Frankly, I'm more disappointed than angry
and in any case, it's his own fault
C'est la vie.
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Miami Herald

http://www.miamiherald.com/news/southflorida/story/1231153.html

Miami Beach wins costly legal battle for public baywalk

By Andres Viglucci

September 13, 2009


What does it take to open a two-block stretch of public baywalk in Miami Beach?

Apparently a battalion of attorneys, a convoluted and costly court case that alleges fibbing by a well-known architect and a prominent lawyer, and a peeved federal judge.

Twelve years after the developers of the Flamingo South Beach residential complex on Biscayne Bay seemingly promised Beach residents a public baywalk in exchange for permits to build a massive tower, they have finally agreed to open it.

But it took more than a year of litigation, with at least seven lawyers on each side, after the developers balked at opening the baywalk, contending they thought the city wanted a private promenade. The Flamingo then failed to produce the documents that would have cleared up the question in court, claiming they were missing.

Only some of the records weren't really lost, prompting U.S. District Judge Cecilia Altonaga to call the developers and their attorneys ``obstructionist and careless'' in a strongly worded order.

The case put Flamingo architect Bernard Zyscovich and lawyer Lucia Dougherty under the microscope. The city found e-mails between Zyscovich and Dougherty that its attorneys contend show the two concocting a scheme to avoid acknowledging they knew the baywalk was to be public.

The Flamingo's owners, a Colorado company named AIMCO, their lawyers and Zyscovich have insisted in court their position was consistent from the start: They never agreed to a baywalk for public use.

This week, however, AIMCO folded, agreeing to a settlement that calls for the baywalk -- which must be redesigned and partially rebuilt -- to open to the public within two years. The settlement was approved in principle by the Beach city commission on Wednesday.

NO MISCONDUCT

AIMCO spokeswoman Cindy Duffy said the company acted properly during the dispute. She declined to address the city's allegations.

"We feel that's old news,'' Duffy said. "It was a long-standing disagreement, but the issue is resolved, and the result will be a real improvement for the public.''

With the agreement, the city's long-held goal of a continuous public pathway along Biscayne Bay south of Lincoln Road is well on its way to fulfillment. The 1,500-foot Flamingo stretch, from 14th to 16 streets, would be the longest piece.

The neighboring Capri now has opened a baywalk that connects to the Flamingo's. The Flamingo's southern neighbor, the Waverly, recently lost a property-rights case in state court to keep its baywalk private and, under an agreement similar to the Flamingo's, has opened it to the public during daylight hours.

What baffles some Beach activists is how the Flamingo's representatives could argue ignorance so vehemently when planners and elected officials had long publicly discussed plans for a continuous, accessible baywalk as renovations and new development occured along the western edge of South Beach.

WHY DENIAL?

"Why go to such lengths to deny it?'' said Beach architect Arthur Marcus, a member of the city's Design Review Board when the Flamingo was approved. "Every one of those projects along the west side was required to have a public baywalk.''

The events began in 1997, when the new owners of Morton Towers, an aging apartment complex on the water, proposed to renovate the property, which they renamed the Flamingo, and expand it by adding a large oval central tower.

To make up for the fact that the tower would block bay views, the city imposed several conditions in a series of public hearings, including construction of a baywalk behind the complex that would connect to planned public pathways to the Flamingo's north and south. Zyscovich and the developers objected to the public baywalk idea, citing security and privacy concerns, but never formally challenged the requirement.

"Then, when the developers were finished, they put up a fence and said, `This is our baywalk,' '' neighborhood activist Mike Burke recalled.

The city admits one mistake: The written condition for a baywalk did not use the word "public'' -- on the presumption, city officials say, that everyone involved understood perfectly well that meant a path open to all.

When the city ordered the complex to open up the completed baywalk, the owners sued. They alleged that not only did their architects and lawyers believe the baywalk was to be a private amenity, but that, even if the city had made its conditions clear, it was an unconstitutional "taking'' of private property.

The suit sent the city searching for Flamingo documents that would show, as one lawyer put it, "what they knew and when they knew it.''

After months of delay, Flamingo's attorneys claimed the records were missing -- only to belatedly come forward with a hard drive containing 142,700 relevant documents and a ``room full of documents,'' as Altonaga wrote in an order criticizing Flamingo for "persistently pursuing a pattern of dilatory tactics.''

The most important material, however, was never located, said Richard Ovelmen, an attorney for the city.

"Those documents would show they agreed to a baywalk. But they were gone,'' Ovelmen said. "It made it very hard to prove what they knew.''

The city did locate several documents that its lawyers say strongly suggest Flamingo officials -- Zyscovich and Dougherty in particular -- knew the city wanted a public baywalk, but tried to evade the obligation.

In one 1998 exchange, as Flamingo's application was pending at the city, Zyscovich e-mailed Dougherty that city staff "will be a problem regarding the shoreline walk.'' He added: "We need to establish a strategy that will get us approved while delaying or eliminating the need to accept their proposal.''

Answered Dougherty: "I agree.''

A DELAY

Questioned in a recent pretrial deposition what he meant, Zyscovich said: "Well, it might be possible to delay the bay walk for 20 years, 50 years, a hundred years, or it might be possible to simply eliminate it as a condition altogether.''

Much later, in 2006, Dougherty e-mailed city officials: "The bay walk was required by a DRB [Design Review Board] order which did not specify when the public bay walk had to be implemented.''

And a 2007 settlement of a lawsuit against Zyscovich by Flamingo, which alleged construction and design defects, makes a reference to claims related to "the design of a public bay walk on the property.''

At the very least, city attorneys contend, those records show that Dougherty, Zyscovich and AIMCO officials knew the baywalk was supposed to be public.

Recent orders by Altonaga in which she was critical of AIMCO, including one in which she expressed skepticism about their representatives' credibility, significantly undermined the developers' legal position, Ovelmen said.

Reader comments at:
http://www.miamiherald.com/news/southflorida/story/1231153.html?commentSort=TimeStampAscending&pageNum=1#none

Wednesday, September 2, 2009

Reminder: City of Miami's Miami 21 meeting on Friday at 10 a.m.

The first public notice ad below ran in the
Herald on Saturday, August 26th, and the
second one ran on Friday August 25th.
See my comments below the news articles.

For more info on Miami 21:
http://www.miami21.org/



Announcements: Miami City and Public Notices - City of Miami

For more info, see
http://www.miamitodaynews.com/news/090115/story7.shtml
--------------
Miami Herald
http://www.miamiherald.com/1374/story/1171642.html

Can Miami 21 plan replicate Biscayne Boulevard's revival?


There is nothing accidental about the urban rebirth now convincingly altering a formerly desolate 12-block stretch of Biscayne Boulevard north of the Omni.

In a city designed for cars, not people, what you see today on the Boulevard is something completely different: a walkable, workaday neighborhood of shops and apartments, the result of good old-fashioned urban planning by, yes, the city of Miami.

Could the city's ambitious and controversial Miami 21 rezoning plan -- to be considered by the City Commission Thursday after years of delay -- replicate the Boulevard's revival across the city?

That question is central to the debate over the sweeping plan, which would toss out the city's unwieldy, auto-oriented zoning code for a new, and ostensibly simpler, set of rules first tested along this length of the Boulevard.

There is little magical or glamorous along the 12 blocks, from Northeast 18th to 30th streets. It's no South Beach. But the success of city planners' efforts, using principles that underpin Miami 21, seem undeniable: They have fostered commerce and pedestrian traffic by mixing retail and residential uses, while retooling how new buildings meet the street to make them sidewalk-friendly.

Along sidewalks where prostitutes once owned the night, there are people pushing baby strollers -- with babies in them. There are people riding bicycles, jogging, shopping, walking dogs, grabbing lunch or coffee with a friend -- even walking to work.

Never mind Starbucks (although there is a new one anchoring the north end of the reviving stretch, at 30th Street). If dog groomers are any measure, the Boulevard along the old Edgewater neighborhood has truly arrived. It has two.

"You know what's attractive? There are dry cleaners and restaurants and all the little conveniences you need, and there didn't used to be,'' said David Carolan, director of sales for the new City 24 residential and commercial project on 24th Street, whose ground floor is home to a personal training gym, wellness center and the New York Bagels shop.

"There is a new shop every month, and we're in the worst economic downturn in 75 years,'' he said. "That's pretty powerful.''

LIVING AND WORKING

Across the Boulevard, Joe Jacobs moved his medical-billing business into an office in a condo and commercial building at 25th Street that houses the popular Mario the Baker restaurant.

On a side street, Jacobs' office door opens directly to the sidewalk. Next door, a doctor is moving in. Above them is a recording studio. The offices conceal the side of the building's massive garage and have windows looking onto the street.

Jacobs lives upstairs in the condo tower.

"It's very safe,'' he said, stepping outside his office for a smoke on a recent afternoon. "You see people out walking dogs at 1 a.m. I'm impressed with what they've done in this area.''

Still, Miami 21, a cornerstone of Miami Mayor Manny Diaz's administration, has proven a contentious approach. Neighborhood activists complain it does too little to tame development, even as architects and developers' lawyers contend it's too restrictive, making commissioners wary of tackling the plan amid election-year politics.

Obscured in the debate over building heights and property rights has been one overarching goal of the plan: reshaping development to help resuscitate aging, depressed districts like the Boulevard.

The key to revival on Biscayne Boulevard has been an influx of residents drawn by reasonable prices and rents at several new buildings lined at street level with commercial space.

New businesses, including a rock memorabilia store and a bicycle shop, have also moved into historic 1920s buildings protected by the city in recent years.

It's not happenstance, city officials say, but a strategy embraced by city planning Director Ana Gelabert-Sanchez and her staff under the tenets of New Urbanism.

The movement has reshaped development around the world, reviving dormant traditions of urban design that put pedestrians first -- mixing retail with residential, lining sidewalks with storefronts to encourage foot traffic, concealing garages and, in some cases, shading sidewalks with arcades.

"It makes a real city, which everyone has been clamoring for,'' Gelabert-Sanchez said.

Those principles, which underpin Miami 21, stand in contrast to the car-is-king, suburban template of parking lots, blank walls, exposed garages, obtrusive driveways and set-back, isolated buildings that under the current code had long dominated -- and deadened -- city streets.

The present code has produced places like the Doubletree Grand condo-hotel in the Omni district, and the residential towers along Brickell: self-contained buildings designed to be entered by car, with expansive driveways and yawning garages that make little accommodation for pedestrians.

"Obviously, there's a return to urban living, and what's succeeding are places with good, 24-hour urban character,'' said land-use lawyer and Miami 21 supporter Neisen Kasdin, a former Miami Beach mayor and vice chairman of Miami's downtown Development Authority, pointing to the success of new pedestrian-friendly districts like Mary Brickell Village.

But the Boulevard's transformation has come only through lengthy negotiation and arm-twisting with developers, and on larger projects only -- the result of expanded review powers for city planners approved by the commission several years ago.

Miami 21 would make pedestrian-friendly urban designs the law, and extend those rules to buildings that now escape review because they are too small.

The new code would also bar the type of buildings that went up during the recent boom on the side streets of Edgewater leading to Biscayne Bay: overscaled towers with stark garages and walls fronting sidewalks in a formerly low-scale neighborhood, the result of generous zoning allowances 20 years ago. Miami 21 would still allow the larger buildings, but require better design.

THE CHANGES

The Miami 21 changes, city planners say, would apply principally to new construction or extensive renovations along commercial corridors. Most properties, including those in residential neighborhoods, would be largely unaffected.

But some architects and lawyers contend Miami 21, which was meant to simplify the convoluted layers of the current code, is even more complex and extensive, making it harder to figure out how much a developer or homeowner can build on a particular property.

"We want pedestrian cities, we want parks and green space. No one disagrees with that,'' said architect Bernard Zyscovich, a New Urbanism critic. "But it's a wholesale change for the city, like a heart transplant, and the consequences haven't been thought through.''

Zyscovich says Miami 21 unduly restricts building design to the point that the city -- especially in high-density areas like downtown -- would become a monotonous landscape of big, square buildings. Land-use lawyer Carter McDowell, a leading critic of Miami 21, says other changes, including new fees for building super-tall, amount to an illegal restriction of property rights.

Zyscovich says the city can get the urban-friendly design it wants without Miami 21 by requiring that garages be screened or concealed with retail and residential units at ground level.

"If you simply do that, you don't have to change the whole code, and you leave the architect freedom to do a better building,'' he said.

Paradoxically, neighborhood activists say Miami 21 doesn't go far enough, failing to accomplish the goal that gave rise to the effort: limiting the size of tall buildings abutting low-scale residential areas.

In some places, including Southwest 27th Avenue, Miami 21 would allow overscaled buildings next to single-family and duplex neighborhoods, they complain. And although the tall structures would have to step back from their smaller neighbors in a stair shape to lessen their intrusiveness, critics say that doesn't solve the problem.

"There are a whole lot of issues they have not resolved, or they say they resolved and when you read it, they didn't really resolve,'' said Hadley Williams, a leader with Miami Neighborhoods United, a group that opposes Miami 21.

But city planners and their consultants at the Miami firm of Duany Plater-Zyberk insist the new code is far clearer than the old, closing loopholes and substituting diagrams for pages of legal verbiage.

They say they sought to balance property rights with neighborhood protection -- though not always to everyone's satisfaction.

"The negative voices are the loudest,'' said the city's lead consultant, Elizabeth Plater-Zyberk. "Everyone is pointing to the agenda they didn't get, but they're not seeing the bigger picture.''

Plater-Zyberk and city planning chief Gelabert-Sanchez say architects will have almost complete freedom. The main restriction: tall buildings would have to step back after eight stories to allow light to reach streets.

"Once you learn it, we think it is much simpler,'' Gelabert-Sanchez said. ``And if you want to do something spectacular, a bold statement, or dedicate a space in front to a civic plaza, you can do it.''

The city began imposing its sidewalk-friendly principles on the Boulevard just before the real-estate boom hit full tilt. Building Zero was Cite, a mixed-use project occupying a full block on 19th Street.

Though some later buildings on Biscayne Boulevard would be larger, the template was set at Cite: The garage sits in the interior of the block, surrounded almost entirely by living and retail space, and no driveways interrupt the arcaded Boulevard sidewalk.

On side streets, townhomes hug the sidewalks. One row consists of ``live-work'' units, with office space downstairs and living quarters upstairs, occupied by, among others, a psychologist, interior designer and real-estate broker.

The complex is home to the Boulevard revival's earliest success, The Daily Creative Food Co., 2001 Biscayne Blvd., a deli packed at lunchtime since opening three years ago. Former New Yorker Adam Meltzer, the owner, saw the potential and liked how the building allows streetside dining.

"People told me I was crazy. But on day one we had a line of people out the door,'' he said.

Meltzer plans to expand into a space next door and begin opening for dinner. The best proof of success, he notes, is his new competition -- the salad and smoothie chains that moved in two doors down.

"The more, the merrier. It makes the whole area look better,'' he said. ``Look, this is not Lincoln Road. We're not trendy. We're here for the long haul.''

Leonardo Rodriguez witnessed the transformation first hand. He moved into Edgewater off the Boulevard when he first arrived from Cuba 15 years ago. ``It was really bad. You couldn't walk on the street. I was robbed twice,'' he recalled.

Eventually he moved to Miami Beach. But then he saw what was happening on the Boulevard, and chose a generous, affordable space on the ground floor of a new building on 18th Street to open his pet-grooming and boarding business, Pet Place.

"It's like New York, you see the same people all the time. They shop in the neighborhood, they walk their dogs,'' he said. "It looks like a brand new city.''

Reader comments at:
http://www.miamiherald.com/1374/story/1171642.html?storylink=mirelated&commentSort=TimeStampAscending&pageNum=1
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Miami Herald
Editorial
http://www.miamiherald.com/opinion/editorials/story/1173513.html?storylink=mirelated

Give Miami 21 a try

In the four years since Miami Mayor Manny Diaz proposed overhauling Miami's complex zoning code with a new pedestrian-oriented concept called Miami 21 there have been more than 500 meetings involving residents, developers, architects and other stakeholders, government agencies and city staff. Some 60 of those meetings were public forums. The city's website has fielded 510 questions from the public about the zoning proposals.

And still, still, the plan arouses passionate opposition from respected professionals, in particular architects and urban designers, and some developers and homeowners groups.

Some developers dislike the plan's higher fees for building taller. Homeowners groups say the plan doesn't do enough to protect neighborhoods from encroaching high-rises and their view-limiting walls.

The architects like the plan's green and pedestrian components. But they say Miami 21's rules will force cookie-cutter, boxy building designs, especially in dense residential areas. They prefer tweaking the current code to achieve some of Miami 21's goals to bring more people and fewer cars onto city streets.

But tweaking the mish-mash of current building codes, which were developed in an anything-goes era allowing high-rises next to homes, won't cut it.

Miami 21 has many good features. It would make Miami more walkable with inviting street-level attractions, driveways hidden on side streets and condo garages tucked behind storefront facades. The plan would require high-rises to step up gradually, like stairs. Condo developers would be encouraged to install plazas or green spaces in front of buildings.

Permitting streamlined

Miami 21 emphasizes more density in commercial sections away from single-family home sections. Its concepts are working between 18th and 36th streets along Biscayne Boulevard -- similar to Brickell Village, a people-oriented development south of the Miami River. The plan would streamline most permitting, known now as the ``90 days from hell'' ordeal.

Further fueling the controversy is Mayor Diaz's decision to put the plan to a City Commission vote Thursday during a month when commissioners rarely meet and when many stakeholders are on vacation.

The term-limited mayor surely wants Miami 21 to be part of his legacy, so timing is important. In September, the annual budget will consume the commission. After that, the race between Commissioners Tomás Regalado and Joe Sanchez to replace Mr. Diaz will be in full swing, and Miami 21 could become a political football.

To solve the impasse, consider a compromise that's worked in other cities undergoing zoning overhauls. The commission should adopt Miami 21 as an overlay to the current zoning code. Set a trial period -- two years, say -- during which developers can use Miami 21's rules, guaranteeing a quicker permitting process, or go by the current code.

After two years the results of each Miami 21 project can be evaluated. If the plan lives up to its promises, it should be adopted permanently. It may need some tweaking. Or if it turns out to be a dud, the current code is still in place and could be changed with the parts of Miami 21 that did succeed.

The commission has a clear choice here, one that all sides should be able to live with. A four-year gestation period (involving 500 meetings) is long enough. Give Miami 21 a chance. We'll never know if it can work unless we try it.

Reader comments at:
http://www.miamiherald.com/opinion/editorials/story/1173513.html?storylink=mirelated&commentSort=TimeStampAscending&pageNum=1


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Miami Herald Letter to the Editor http://www.miamiherald.com/opinion/letters/story/1173529.html

Create unified vision for Miami's future

Miami 21 claims to make development more predictable while creating an enhanced public realm. How it attempts to achieve these goals are of grave concern to AIA Miami.

The reason the code may be easier to use and more predictable is that it has reduced design elements to a set of defined regulations. It defines where a building must be placed on its site, the building's orientation and its form. This makes it easy to get plans approved, but at what cost? Block after block of the same building form with no room for creative or innovative design solutions.

Given this dictate of building form, it seems odd that there is such inconsistency on the topic of height in Miami 21. It restricts height for most districts, but allows up to a 100-percent increase in height if the property owner pays for it.

If the Biscayne corridor district allows 24 stories by right, or 48 stories with a payment, what is the appropriate height? If it is 24 stories, why entertain 48? If 48 is acceptable, why charge for making a taller, more slender building? Not only does this question the planning principles that were utilized to determine height restrictions, but it is inherently unpredictable.

These issues and others, which we have voiced publicly, could have been alleviated if the proper visioning and planning had been done prior to writing a zoning code. What we should be voting on today is a unified vision or master plan that takes Miami into the future while building on its well-established character. Only then should the regulations that form the code be written.

KRICKET SNOW, president elect, American Institute of Architects, Miami

Reader comments at:
http://www.miamiherald.com/opinion/letters/story/1173529.html?commentSort=TimeStampAscending&pageNum=1

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Miami Herald http://www.miamiherald.com/460/story/1175161.html

Surprising vote kills Miami 21 zoning overhaul

After almost eight hours of public input and discussion, the comprehensive zoning plan died with an unexpected no vote from Commission Chairman Joe Sanchez -- the last vote on the dais.

Sanchez voted no, he said, because of a series of amendments offered by the city administration and Commissioner Marc Sarnoff that he feared would bring lawsuits. Only moments earlier he said they were issues he could deal with before the ordinance's second reading.

"It puts the city at risk,'' Sanchez said.

Voting along with Sanchez was Commissioner Tomás Regalado, a constant critic of the administration.

The two are in a heated battle for Diaz's mayoral post. Sanchez has been in lock-step with Diaz on many key issues over the years, but recently has drawn criticism in some quarters for being too close to the mayor.

Commissioners Sarnoff and Michelle Spence-Jones voted in favor of the ordinance. Commissioner Angel Gonzalez was absent, leaving the measure one vote shy of approval.

Diaz, who abruptly left the chamber just after 9:30 p.m., said there was still a chance to revisit his vision to create wider walkways and more pedestrian-friendly corridors in Miami.

"I don't know. I'll think about it,'' he said before stepping upstairs to his office.

After the vote, the shocked commission was even uncertain what to do. There was no need to vote on two other items, one involving historic preservation and the other amending the city's comprehensive plan. So the commission adjourned.

GRAND PLAN FALTERS

It was a stunning defeat for Diaz, even more so because it came on the vote of a previous ally. Though he had won battles to build a new Florida Marlins ballpark and a tunnel to the Port of Miami, the mayor considered Miami 21 the most important blueprint he wanted to bring to fruition.

"We owe a lasting legacy to those who will call Miami home long after we're gone,'' Diaz said earlier in the day, saying the plan could help Miami draw comparison to New York and Chicago in coming decades.

The lengthy meeting at scenic City Hall began with an 11-minute sales pitch by Diaz, followed by a lengthy presentation by the administration, then six hours of testimony from public speakers.

Diaz outlined some of the zoning overhaul's prime goals: Zoning decisions would be based on neighborhoods instead of single properties; the code would prevent out-of-scale buildings, big-box stores and McMansions; and require active ground-floor uses.

"We must plan our city -- not around cars, but around people,'' Diaz said.

Backers cited a pedestrian-friendly environment with wide walkways, ample green spaces, and storefronts and restaurants on the ground level of condominiums.

Critics of the controversial zoning ordinance are concerned about the costs of getting high-rises approved. Some neighborhood groups worried about property rights.

Arguments for the movement included climate change and fighting obesity; those out of favor with the effort focused on lowering densities.

The discussion got so thick that lawyers representing developers took to the podium to present mapping changes on particular properties where density would be decreased.

VOICES ON BOTH SIDES

Attorney Carter McDowell argued that Miami 21 was unconstitutional because it was taking away property rights from owners. He cited a client who, under Miami 21, would lose 100,000 in square feet of space because of height restrictions.

"You don't need Miami 21 to have great development -- but it goes too far,'' said McDowell, whose firm focuses on land-use issues.

Also arguing against the zoning overhaul was Ashley Bosch, president of the Builders Association of South Florida. He said the plan would likely create unnecessary litigation ``without analyzing the impact it will have on a city our size, population and existing development.''

Builder Albert Gomez said Miami 21 would hurt him, too -- but he couldn't turn his back on a plan that ``has to happen.''

"The children need to have community in their neighborhood,'' Gomez said. ``I don't think there's another choice.''

Miami Beach land-use attorney Andrew Frey supported the plan, pointing out that blogger Eye on Miami -- a constant critic on development issues -- had recently supported the idea. "I look forward to the day when you don't need a land-use attorney to say what's allowed beside you,'' said Fray.

Land-use attorney Niesen Kasdin called the city's approach to Miami 21 "one of the most impressive I've ever seen of any major city in this country.''

Commissioner Sarnoff spoke of how Miami is a youthful city -- with pimples. "This is a chance for this city to start growing up,'' Sarnoff said.

Commissioner Regalado said it was a great plan -- but asked for a deferment until all of the issues could be ironed out.

"You just want to approve this today to get a headline,'' Regalado said. "I cannot support this with so many questions.''

Reader comments at: http://www.miamiherald.com/460/story/1175161.html?commentSort=TimeStampAscending&pageNum=1
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Miami Herald
http://www.miamiherald.com/news/southflorida/story/1200860.html

Miami 21 proposal to get second chance
By Andres Viglucci
August 25, 2009

Miami 21 is back.

As promised, Miami Mayor Manny Diaz has called a special Sept. 4 City Commission meeting to revive his signature rezoning plan, which seemed dead after a surprise 2-2 commission deadlock this month.

The hearing will begin at 10 a.m. in the commission chambers at City Hall. Also on the agenda: Miami 21-related amendments to the city's historic-preservation law and its comprehensive development plan.

Commissioner Angel González, who missed the first vote because of illness, has said he is leaning in favor of it and could provide the third yes vote.

Commission Chairman Joe Sanchez, a Diaz ally who surprised the mayor by voting no, has said he is willing to change his vote as long as 35-foot height restrictions along upper Biscayne Boulevard, which Commissioner Marc Sarnoff has sought, are not adopted as part of Miami 21.

Readers comments at:
http://www.miamiherald.com/news/southflorida/story/1200860.html?commentSort=TimeStampAscending&pageNum=1
-------
After everything that's been said, written,
published and blogged on about this particular
issue, pro and con, true and false, whether
intentionally misleading or thru sheer carelessness,
and after having been on the receiving end of
years worth of official
Miami 21 mailings from
the City of Miami, I just want this to be over.

I'm literally exhausted from the debacle
this issue has become.
To wit, me duele la cabeza.

I'm exhausted from the sheer apathy of many of
the plan's opponents, who never found the time,
energy or inclination to discover the true facts,
and who'd never publicly acknowledge that some
of the elements that some have said they were
afraid would disappear if this was approved,
were neither quaint
nor memorable.

No, more often than not they were merely more
sad reminders of the mediocre and generally
uninspired South Florida incompetency in public
and private planning/design that's plagued this
area since before my family moved down here
in 1968, when I was seven-years old.

No doubt there were a fair number of civic activists
at the time in the community who even then were
lamenting the sheer myopia of that era's South
Florida's elected leaders -without the benefit
of blogs
- saying, more or less,
"They can get a man to the Moon, but they
can't
get rental luggage carts for passengers
at MIA..."

And they were right for over 30 years, too.
There's your reality check on pretensions
to urban sophistication!!!

Nonetheless, some of the Miami 21 opponents
raised very reasonable questions about certain
aspects of the the plan that were never sufficiently
answered publicly to their -
or my- satisfaction.

One critic in particular, Bernard Zyscovich, is
someone whom I've seen and heard a lot from
in person a lot the past two years in Hollywood,
at City Commission and CRA meetings, where
he's described the vision he and his firm had for
bringing the city's zoning, design and development
fully into the 21st century, while also making it
more functional, attractive and dynamic.

It's precisely because I've heard him talk for hours
and
explain and show examples of what he likes
and doesn't like
, that his criticisms of Miami 21
resonate with me.
Zyscovich says Miami 21 unduly restricts building design to the point that the city -- especially in high-density areas like downtown -- would become a monotonous landscape of big, square buildings.
Or Soviet-style architecture if you will.
Frankly, I'm also exhausted and vexed by the
sheer volume and vituperativeness of some of
the know-it-alls who are among Miami 21's
most fervent supporters.
(I even know a few
of them, so we never
talk about "the Plan.")

Some are people who, for all their supposed
education and claims to sophistication, and
years of experience in the ways of public
administration and public policy, were awfully
quick to adopt an antagonistic "my way or
the highway"
stance as soon as it was clear
there wouldn't be smooth sailing with Miami 21.

The very same tactic with which they've so often
taken a certain former president to task for for in
their blogs and personal conversations for years.

Here as in most places, pomposity, condescension
and pretensiousness are not a real substitute for
an effective public awareness campaign that
sways opinion.


If that wasn't clear beforehand, it ought to be
crystal clear by now

And seriously, when has there ever been smooth
sailing in an area so historically lacking in credible
decision-makers with both integrity and an eye
towards the future?

That some supporters of the plan, let's call them
Urbanists Gone Wild, have taken to labeling
opponents of it as un-enlightened tools of one
group or industry, while pathetic, is not surprising.

It should hardly be surprising that people who
are champions of other people living in large
towers, sometimes live in ivory towers themself,
no?

After all, in many cases, they're used to people
in a group deferring to them because they're the
most-experienced or best-educated in a particular
subject area.

But here, that counts for nothing, if not very little,
and they seem upset with the messiness of a real
democracy, where citizens, even semi-apathetic
ones who don't know more than they do, still get
to say, "No" and reject their expert opinion.

(Examples of the elites bad attitude and
genuine anger
about public sentiment being
against Obamacare
has been very noticeable
to me, and mirrors this local issue, even
though few
reporters seem to ever notice it,
much less mention the similarity on TV or
in print.
Well, now it's been said.)

And really, challenging the credibility of the
Miami chapter of the AIA and its members?
That's part of your winning strategy to win
hearts and minds?


Hm-m-m... so that's different from Bush 43's
much-derided "You're either with us or
against us,"
in what way precisely?


Just wondering.

For the record, I was actually at the meeting in
Hollywood 14 months ago of the
South Florida
Regional Planning Council
where they put
the kibosh on the city's plans to figuratively and
literally take the word "Port"
from the title of the
Miami River's comprehensive plan.

http://southflorida.bizjournals.com/southflorida/stories/2008/05/19/daily48.html
Also see: http://www.miamirivercommission.org/HomeIntro.htm

I was sitting in the back of the room taking notes,
snapping photos and asking people around me
who some of the cast of characters who looked
like lobbyists or civic activists were, so I could
get my bearings, since many of the people in the
room were not the 'usual suspects' who get
interviewed or quoted by Miami's media.

Well, I hardly need tell you now that the City
of Miami's over-confident attorneys never knew
what hit them.

Tuesday, May 19, 2009

re Broward Politics blog: Facebook debate; Wed. mtg. in Hollywood re Johnson Street

May 19th, 2009
1 p.m.

You might recall that the Miami Herald recently
ran a lengthy story about the topic of Facebook
which NEVER discussed the legal aspects of this
sort of social networking tools for public officials
and or govt. agencies.
I read the story closely three times just to make
sure I wasn't missing it.
Nope, the Herald never mentioned it, even while
I kept waiting for them to discuss the obvious reason
for concern in the next paragraph.

(Secret coded messages, for instance, to let
people/lobbyists know inside info, as I've
heard has already happened elsewhere in
the country.
The ol' hiding-in-plain sight angle!)

Par for the course at the Herald of late, sad to say,
that particular paragraph never ever appeared.

As of now, I plan on being at the workshop at
Hollywood City Hall Wednesday morning at
11 a.m. to discuss the future of the Johnson Street
area of the beach -now that Marriott took a powder-
which was long one of our family's hangouts after
we moved here 41 years ago, and a place my
two younger sisters and I knew like the back
of our hand when we were growing-up down
here, when they had trampolines there.

That's before the regular Hollywood City
Commission meeting at 1 p.m.

Later tonight, I'm going to try to post something
about that meeting here along with some links to
photographs of the Johnson Street area over the
past 40 years.
I may even try to swing by Johnson Street before
Comm. London's Resident Forum meeting at
the HB Cultural Center at 6 p.m. -his last one
until September- and snap some recent shots
of the bandshell.

Then I'll have a means of comparison, as well as
show the original renderings from the printed
presentation that Marriott and Zyscovich
put together from
over two years ago. which I immediately thought
was the best of the myriad hotel proposals
presented at the time, in large part because of
the public entertainment aspect to the plan.

Trust me, if NMB had had a bandshell/stage like
Hollywood's while I was growing-up down here
in the '70's, especially AT THE BEACH over
at Sunny Isles,

I absolutely guarantee you that my friends and
I would've figured out a way to mobilize and
convince the powers-that-be at NMB City Hall
to give us the go-ahead to make sure that high
school age kids in NMB got the opportunity
to play there for at least 2-4 hours a month on
Friday or Saturday nights, so that people could
get the valuable experience of performing LIVE,
whether as part of an organized school or church
effort, an actual musical group or as a solo act.

It would've been a big improvement over the
impromptu music that took place once in a while
over on the Intercoastal side of Haulover Beach
that I used to be witness to.
Located right near the water, while not exactly
California hip in ambiance, like it would be in
some TV show or film set in Santa Monica, Malibu
or Santa Barbara, it was better than nothing.

That is, until it started raining and everybody
ran into their cars like wet rats, and all the older
kids decided to split and go somewhere else in
their cars -without us!- like Greynolds Park
or the Hollywood Fashion Mall (back when
that was THE place if you were bored by the
usual suspects at the 163rd Street Shopping Center.
down the street from my house), leaving
9th-grade me and my friends stuck having
to wait and catch the H bus on A1A back to the
163rd Street Shopping Center.
Very, very un-cool and embarrassing!

In retrospect, given the resource they have
that nobody else around here has, it's pretty
clear that the City of Hollywood should've been
much smarter 25-30 years ago and and figured
out some logical way of better integrating
high school age kids into civic and social
activities than they did, and one way would've
been simple: music.

Have musical competitions or a battle of the
bands, say kids with bands from South Broward
High vs. Hollywood Hills, while integrating
individual singers or jazz or classical acoustic
musicians in-between acts, and maybe combine
the actual high school bands from different
schools for holiday shows or special occasions.

Maybe if they'd done that then, there'd actually
be extant photos of a young Johnny Depp from
Hallandale performing with his band, if they were
composed of Hollywood kids, at the bandshell,
and he'd be better known for his music than his
acting.

It's not too late for the City of Hollywood to see the
light and make up for all that lost time and give some
talented local kids in the city the chance to perform
live, and create a very positive dynamic there using
resources they already have.
And you use the spirit of competition to get the best
out of the kids.

If you didn't see this yesterday on Channel 4...
Hollywood Neighbors Get Grief From Squatters

------------------
Brittany Wallman's article from yesterday which
is the basis of this post is at
and the reader comments are at:

-----------------

South Florida Sun-Sentinel's Broward Politics blog

Facebook debate, Take II: Property appraiser's office defends it

By Brittany Wallman
May 18, 2009

----------------

South Florida Sun-Sentinel

Coral Springs plans to start gathering friends on Facebook

By LISA J. HURIASH, Sun Sentinel
May 10, 2009
There are still some technicalities to work out, but after getting the OK from the Florida Attorney General's Office, Coral Springs plans to debut on Facebook within months.

Mayor Scott Brook, who came up with the idea, said he envisions using the networking site to "talk" to young people the city has not been in touch with.

"It might wind up being the best way for us to communicate regularly, easily and efficiently," he said.

Coral Springs could be the first city in the state to have a Facebook page.

It is the first city to ask the state for a legal opinion about the social networking tool, said Sandi Copes, communications director for the attorney general.

The question is how to make the Facebook page comply with state law, said City Manager Michael Levinson.

The rest is easy: The state said commissioners can't talk to each other on Facebook because that would violate the Sunshine Law requirement that politicians discuss city business in the open. And comments posted to the city's page by its "friends" will be public, too.
----------------------------

Miami Herald

THE INTERNET: City leaders finding it sweet to 'tweet' -

Twitter's gone viral with townspeople using it to send community

news blasts and BOLOs.

By HOWARD COHEN, hcohen@MiamiHerald.com
May 5, 2009
Communication at the speed of send has hit city and county halls.

Palmetto Bay Mayor Eugene Flinn regularly tweets. Cutler Bay Commissioner Ernie Sochin signed up on Twitter this month and immediately posted on the site, Does anyone who knows me think I can say anything in less than 140 characters? C'mon!!

This week, Alec Rosen declared his candidacy for city commissioner in South Miami -- via Twitter. It's a first for Miami politics, he says. "It allows us to communicate directly with people who find something in value in what it is you have to say -- in 140 characters or less," Rosen says. He'll compete for the seat against Rene Guim, who also plans to tweet during his campaign.

Miami Beach public information officer Nannette Rodriguez tweets, too. So does Miami Rep. Ileana Ros-Lehtinen, R-Miami, under the name IRL.

Following their every tweet are a host of community activists in Miami-Dade County, Palmetto Bay, Cutler Bay, Coconut Grove, Doral and elsewhere with fast fingers on BlackBerries, iPhones and laptops. They've all mastered the art of the 140-character missive -- the limitation of Twitter messages.

"I heard this in a seminar once, that it's better to reach 500 people who want to receive your message than sending to 50,000 people who don't care," Rodriguez says.

That quote, by the way, would be too long by 10 characters or so in Tweetspeak.

"It's another tool," Flinn says of Twitter, a social networking site founded in 2006 that has more than 14 million followers who answer Twitter's prime directive: "What are you doing?"

On Twitter, you sign up to follow those you want.

"I'm excited about another medium that . . . encourages participation in our government," Flinn says. "It shrinks the world."

Indeed, Oprah Winfrey recently joined in. The talk show mogul already has 561,764 followers who read her latest revelation: no i'm not wearing a weave to which CNN's Larry King responded on his Twitter page, neither am I.

CHANNELING OPRAH

City officials are tapping their own inner Oprahs.

"Governments need to communicate with their customers -- their residents. What what we are doing for them is providing information on legislative actions or events in the community," says Hilda Fernandez, assistant city manager for Miami Beach.

The city of Miami Beach has had a Facebook and MySpace account for awhile, Fernandez says. "Twitter was the next logical step," she says.

The Beach Tweets are along the lines of the following:

Commission meeting ran late with many items continued til another meeting

Public hearing on New World Symphony agreement to be held on Wed at 2:30PM Details:
http://tinyurl.com/c9a7tw, and

TAG, you're it! Report graffiti here:
http://tinyurl.com/d4abdg

The Beach does not send out tweets on referendums or other major county decisions immediately, Rodriguez says. A city clerk reviews the information before making it public; Rodriguez types the tweet on her Blackberry or home computer.

The city also has worked with its police department to post information on criminal suspects through its Twitter page, MiamiBeachNews. Miami-Dade has attracted 112 followers for its new page, MiamiDadeCounty.

In Palmetto Bay, Flinn, who has 73 followers so far, has posted council meeting decisions as they happen.

Take this message, which arrived 45 minutes into a recent Palmetto Bay council meeting: Breaking news: PB council just approved new fire station at PBVC. Greater safety for residents. Details on web site tomorrow. Great News

PERSONAL CONTACT

"I want to be aggressive and maintain a personal contact and hope it's another venue for people to reach me on these personal events," Flinn says. "Everything is across the board with communication. There's no excuse for not accessing your local government."

Opponents such as Jim Araiza, who was defeated by Flinn for the mayor's seat in 2006, and Coconut Grove activist Tom Falco agree. They maintain Twitter pages of their own -- ionpalmettobay and GroveGrapevine, respectively.

THE 'WATCHDOGS'

"Every city has to have watchdogs, the media can't cover every event," says Grant Miller, publisher of a chain of community newspapers in South Florida.

Araiza wrote a political column for Miller's Palmetto Bay Community Newspaper until he ran for office in 2006. Now, he tweets.

"My attitude is I'm hoping we can improve people's lives by providing commentary on village news, taxpayer issues, to get more residents involved in community affairs," Araiza says.

After his South Miami PR firm won an award for a social networking marketing campaign for a client, Rosen realized the possibilities for his own run for office. "I didn't want to be the cobbler's kid with no shoes, I should do for myself what I do for my clients."

The drawback? One can swamp followers with too many messages -- the quickest way to lose an audience. Flinn, who has posted 55 updates, is mindful of that possibility.

"The hard part with Twitter," Flinn says, "is to make sure people aren't overwhelmed and that my messages don't get lost in the sheer volume of tweets they get."

---------------------------

Slightly off-target but still re Facebook, I found this article below by

the Herald's Andrea Torres quite interesting because it raised the

issue of graffiti taggers actually having the gall to use Facebook

to display their crimes, which after I read it, seemed completely

obvious, but hadn't occurred to me before.

I've been snapping shots of graffiti on road signs in HB and Hollywood

for the past few weeks ever since reading this piece, to see if I spot

a particular pattern.

I've noticed that U.S. Postal Sevice adhesive labels are esp. popular,

in that people can write on them at home, carry them with them discreetly

and then slap them on signs at night or very quickly during the day when

nobody is looking.


This is a REAL problem on Hallandale Beach Blvd. and is the reason

why those labels are NOT in the lobby of the Post Office on Layne Blvd.,

across from the Starbuck's I frequent and instead kept at the front

counter where the USPS employees can keep an eye on them.

--------------------------------------

Miami Herald

Graffiti writers vs. police: a game of cat and mouse

By ANDREA TORRES, atorres@MiamiHerald.com
April 12, 2009

Gang unit detectives and graffiti writers are constantly trying to outsmart each other, so secrecy and paranoia are the norm when it comes to the ways of graffiti.

Writers ride a fine line between making their tags famous and maintaining anonymity. Detectives must link the vandal to the tag.

"It has nothing to do with poverty anymore. It doesn't matter what gender, ethnicity, age or socioeconomic status," said Miami Gang Unit Detective Andres Valdes. "We have arrested kids from Coral Gables, Key Biscayne and Coconut Grove."

To navigate Miami's world of graffiti, detectives and writers get in the habit of recognizing hundreds of short catchy names constantly appearing on property. Valdes sometimes rides the metro in civilian clothes to look for trends and patterns.

"You go around looking for tags that you can recognize," said Hialeah Gang Unit Detective Israel Perez. "When they are not in your area, you share that information with other departments."

Both detectives and writers take pictures of tags. Writers post them on the Web to brag. Detectives archive them to build or enhance evidence for prosecution.

"We have a Hialeah detective who takes pictures every morning, documents it and archives the information," Perez said.

As the hunt for intelligence increasingly moves from the streets to the Internet, some police departments are going undercover online to befriend vandals.

"That type of work requires an undercover computer that won't track back to a police department as the original server," said Perez, who said Hialeah has yet to provide their gang unit with that tool.

Writers are regularly sharing pictures and videos of their stunts on websites such as YouTube, Flickr, Blogger, deviantArt,
Facebook and MySpace.

"They do graffiti for notoriety, so they can't help it," Perez said.

Because most writers start young, detectives frequent schools to get acquainted with kids who may be tagging.

"You keep your eyes open for drawings on their shoes, backpacks, hats or their notebooks," Perez said. "Sometimes they give their tag away."

Valdes said training in schools is the most important part of his job.

"Teachers and counselors are at the front of the battle," Valdes said.

Police said an important part of the training is understanding that gang members and graffiti writers live in two different worlds.

Miami writers, who are generally not violent, belong to dozens of crews identifiable by acronyms with interchangeable meanings. Their only mission is to paint.

"They change the names of their crews like they change their underwear," Perez said. "They are generally very intelligent kids so they get creative with their names."

Graffiti crews are not territorial. They are usually born from friendships in neighborhoods and schools, and that does not define the areas they vandalize.

"A gang is there to make money and it is very organized. A crew is not as organized, they just want to put their name out. It can be artistic," Valdes said. "Gang graffiti marks territory and it is used to intimidate rival gangs. It's ugly."

In the courtroom, the purpose of the vandalism or its artistic value is irrelevant. A Florida statute calls graffiti a "blight" and defines it as criminal mischief.

Most writers who prefer to paint abandoned buildings, freight trains and visible public property believe they are beautifying spaces.

"You go out to paint not with the mind-set that you are going to attack people by hurting their property," said Skott Johnson, a former writer. "You go out to find visible spots for your art."

Some writers vandalize alone at night. Others go out in small groups. Usually while a few paint, a lookout stays alert.

"It's an addictive adrenaline rush," said former writer Jay Bellicchi. "You are a kid, so you move fast, try to stay invisible and hope to be able to outrun the cop."

An arrest can be made if an officer or a witness identifies a writer in the act. More than $1,000 in damage is considered a felony, anything less is a misdemeanor. Police officers estimate the damage.

"For a felony conviction, you need a witness. For a misdemeanor, you need an officer to witness it, and a little corroborating evidence," Perez said. "The witness has to be willing to testify in court."

Detectives sometimes persuade the alleged vandal to produce a written confession. A defense attorney can try to prove the confession was coerced.

"They are not bad kids, so sometimes they tell you everything and you wish you could reward them for their honesty, but that's not how it works," Perez said.

Evidence such as spray paint, different spray-paint caps, markers, books with sketches and pictures can also be admitted in court.

"Evidence gathered during undercover investigations may be subject to a motion to suppress in cases where the officers took shortcuts that violated the law," attorney Kristen Sowers said.

First-time offenders are usually mandated to participate in an early-intervention program that includes at least 100 hours of community service.

"If it's their first time, we sometimes call their parents and we let the kids paint over their own tags," Valdes said. "But it depends on their attitude. If they don't paint it, or we see they are repeat offenders, we arrest them."

Depending on the number of prior convictions, offenders could lose their driving rights and be required to pay fines starting at $250. Municipalities and counties are permitted to establish higher penalties.

"If the graffiti offender is a minor, which is often the case, that child's parent or legal guardian may be held responsible for the payment of these fines," Sowers said.

A vandal could be sentenced to a prison term of 60 days to five years depending on the cost of the damage.

According to the Florida Legislature, gangs and crews are the same in that they have as one of their primary activities the commission of criminal or delinquent acts.

"Misguided artists can be put in prison for years and that shouldn't be," former writer Seth Schere said. "They should have access to an appropriate educational program to help them see they can put their talents to use in other ways."

A graffiti writer can be prosecuted in Florida as a gang associate if the writer has a tattoo naming a crew, associates with one or more known crew members, or has authored any communication indicating responsibility for the commission of any crime by the crew.

"Most of these kids don't have evil in them like gang members do," Perez said. "They end up in jail or special schools with real criminals and get out worse than when they came in."

Police said very few vandals get prosecuted because of lack of evidence, and those who do get punished and return to the streets go back to graffiti with a vengeance.

"I remember arresting DUNCE of DYP and now he is popping up again all over the place. You think he would have learned his lesson," Perez said. "I can detain him again, but he could say that someone else is using his tag and we got nothing."