Category Archives: Unpacking Miami

An Open Letter To Miami Media

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The White Elephant completed and awaiting the end of lawsuits
I sent a variation of this letter to a local reporter. Because I worked on it for so long, and because every word I write is deserving of immortality, I am reprinting it here as an open letter in an amended form. Ahem. Testing . . . one . . . two . . . three . . . Ahem.

Dear Miami Media At Large:

Have I got a story for you. It’s a great story, one you can sink your teeth into and make your investigatory bones. It’s about waste and corruption within the City of Miami. I’d love to do it myself, but I’m just a little guy with a blog, yannow? I don’t have the resources you do, Miami Media, and I’ve been chasing this story for a year. 


I was alerted to Trolleygate right around this time last year, so I wrote “An Introduction to Trolleygate.” That’s when I really started
investigating this story. From the very beginning I
said the siting of the bus garage was, straight up, Institutional
Racism. It was not dissimilar to the racism that allowed West Grove to be gifted with Old Smokey all those decades ago. Therefore, it was heartening when
the USDOT agreed with me, which is the thrust of a recent Miami Herald article “How fed dollars for trolleys in Miami-Dade, local cities spurred civil rights investigation.” 

The article is correct, as far as it goes. However, it’s missing the entire point, as far as I’m concerned. It never asks:

“How did West Grove get stuck with
this white elephant in the first place?”

The deal between Astor Development and Coral Gables aside, there appears to have been a concerted effort within the City of Miami to get Astor’s dealie done with as little public input and awareness as possible. One of my off-the-record sources, an architect who has attended dozens of development meetings in several cities, tells me they’ve never seen a project approved so quickly in Miami. “A hot knife through butter” was the way it was described. Why? How? These are questions worth exploring, Miami Media.

From the very beginning of this project [allegedly] corrupt Commissioner Marc D. Sarnoff seemed to be interested in making this happen on the QT, with as little muss and fuss as possible. Why? He allegedly helped Astor Development pit one West Grove community group off against another, which culminated in a huge lump sum of money ($250,000, apparently) being proffered by Astor Development for soil remediation of Armbrister Field. According to Miami Herald reporting, those people who were offered the money felt it was a bribe to get their approval for the maintenance garage, but considered it better than nothing if the garage was going to be built anyway. Why was Astor Development suddenly so magnanimous? How did Astor think to offer money to the community group in the first place? Who brokered this soil remediation deal with the community? Was Sarnoff a party to these negotiations? More questions you may wish to explore, Miami Media.

REMEMBER: This was before word broke that there was toxic soil all over Miami. What did Sarnoff know about toxic soil and when did he know it?

While those are all questions that need answers, Miami Media, there is one bigger question that might answer everything:

“Who is responsible for ignoring The Smoking
Gun email in the Miami Development Office?”

I wrote about this last September in “BLOCKBUSTER!!! The Trolleygate Smoking Gun Surfaces.” Follow the bouncing ball. To paraphrase my own reporting:

As the wheels were being greased to get this project through Miami City Hall quietly, Dakota Hendon — Miami Building and Zoning Department — noted something VERY inconvenient. The Astor/Coral Gables/West Grove trolley garage project they had been about to approve DID NOT comply with the Miami 21 Plan. Hendon should know. He helped write the Miami 21 plan. To that end he sent an email to Miami Planning Director Francisco Garcia [embedded here] to say this garage would be non-conforming because vehicle maintenance is an industrial use, which was prohibited on Douglas Road. [Not to mention that the Miami 21 Plan specifically prohibits things called “government operated vehicle maintenance facilities” on the Douglas Road corridor.]

At this point the City of Miami paper trail seems to go cold, except for one curious thing. Astor Development resubmitted its application to the City of Miami. This second, replacement, application was virtually identical to the first one, except this new one removed the word “maintenance” from the intended uses of the building.

Let’s be clear. The intended use of the building never changed. It was just a massaging of the wording on the original application once Hendon discovered there was a problem. And, on the basis of this amended application, the project was approved faster than “a hot knife through butter.”

The former Pan Am air clipper terminal has been restored beautifully
to become Miami City Hal. It’s where the alleged corruption now happens.

MORE QUESTIONS: Who told Astor to change its application? When Miami learned the project was non-conforming, why was the project not stopped dead in its trolley tracks? Why did Marc Sarnoff — only after the controversy erupted in the community — mount a Trolleygate Dog and Pony Show in a futile attempt to placate the West Grove community?

Where was the Miami Media at this laughable Town Hall Meeting? It was the kind of presentation that is usually given to taxpayers and stakeholders BEFORE a project is approved — in order to get it approved — not afterwards. Why was Sarnoff so concerned? Why was Sarnoff so involved? Why did Sarnoff spend taxpayers’ dollars to mount the Trolleygate Dog and Pony Show if it was already a done deal that couldn’t be changed? Who shepherded this project through the rough shoals at City Hall (to mix metaphors)? How did it get past goalkeepers Henden and Garcia? How much taxpayer money is now being spent by Coral Gables, Miami, and Miami-Dade to defend these [allegedly] corrupt backroom deals in the various legal forums that have erupted? (Astor pays its own freight, of course, and the West Grove community has been getting its legal services pro bono.) See, Miami Media, this story practically writes itself.

Miami Media, trust me on this one: You really won’t have much work to do in order to lay this entire fiasco at the feet of [allegedly] corrupt Commissioner Marc D. Sarnoff. You’ll be hailed as a hero, too, because it will come right out of the blue. Sarnoff is rarely mentioned in stories about Trolleygate, despite the fact that he seemed to have his hands in almost every stage of this boondoggle in which Miami doesn’t even receive tax dollars, let alone a fake trolley stop.

Sarnoff’s interest in getting this disaster approved appears to have gone well beyond the basic fact that this polluting garage is in his district. Ask yourself this, Miami Media: If he was truly looking out for the interests of his constituents, Sarnoff could have interpreted every ambiguity in the zoning by-laws in favour of the West Grove community, as opposed to the OUT OF TOWN developer. However, Sarnoff said over and over at the Dog and Pony Show that his hands were tied because the project met all city standards, something we now know is not true.

If Sarnoff was truly looking out for the interests of his constituents, he would not have threatened them at the Dog and Pony Show. It was shocking to hear him casually claim that the West Grove lawsuit not only put in jeopardy the Arbrister Field bribe, but might cause him to withdraw HIS support for a redevelopment project currently in the planning stages for Grand Avenue. It was the most blatant example of Modern Day Colonialism I have ever witnessed. The naked political power dropped casually, as if he could not care less whether these projects go ahead, reminded me of Jim Crow. See, Miami Media? This story is really as old as the hills, if South Florida had any.

The Dog and Pony Show was my first contact with Sarnoff and I saw a bully in action. I’m surprised the Miami Media doesn’t write more about this aspect of his character, before he starts closing down the bridges in Miami.

The Marc D. Sarnoff Memorial Dog Park sculpture, which I have
nicknamed Marc. If Sarnoff had any empathy for children and
families he would not have allowed two-thirds of Blanche Park
to go to the dogs at the expense of a children’s playground.

And, just to put a fine point on this whole dealie: if Marc Sarnoff had any empathy for his constituents in West Grove, he would not have lined the back wall of the Dog and Pony Show with a largest police presence anyone can ever remember at a public meeting in Miami.

Could this be one of the [several] reasons my West Grove sources call him racist? Could this quiet racism be what allowed him to not even think about the residents of West Grove when approving this project, except on how to bamboozle them?

Would Marc D. Sarnoff have approved of this garage at, say, Shipping and Virginia, on the site of The Marc D. Sarnoff Memorial Dog Park, right next to The Marc D. Sarnoff Memorial Traffic Circle. Would he have pushed for this in any other residential neighbourhood outside of West Grove? Would it have gone through like “a hot knife through butter”?

So, you see, Miami Media, I think there are a lot of unanswered questions concerning Trolleygate, the least of which concerns the Department of Transportation’s objections concerning the Civil Rights Act of 1964. Which is ironic because Institutional Racism informs the whole project at every level, from the ground up. Ask this basic question, Miami Media, and spread out from here: Why was Astor Development able to find the cheapest land in West Grove?

So, there you have it, Miami Media. It’s a story of naked corruption and racism hiding in plain sight. It’s one you’ve pretty well been ignoring for a year. But, I’ve made it easy for you. I’ve wrapped the entire package with a pretty bow just for you. Start pulling at that ribbon, that leads to all these unanswered questions, you might just discover corruption at Miami City Hall. To paraphrase Captain Renault in Casablanca, “I’m shocked, shocked to find that corruption is going on at Miami City Hall.”

So, Miami Media, you may want to do your job and investigate these acute angles surrounding Trolleygate. And, let me remind you, Miami Media, reporters win Pullet Surprises writing about government corruption.

With all my love,
Headly Westerfield
[aka Aunty Em]

Trolleygate Violates 1964 Civil Rights Act ► Not Now Silly Vindicated

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The non-conforming government operated vehicle maintenance
facility appeared virtually finished on a October 16, 2013 visit

Ever since I first began writing about Trolleygate, I have called it an obvious case of Racial Discrimination. Now it appears the United States Department of Transportation, writing the latest jokes in this comedy of errors, agrees with me. All brought to the good people of Miami and Coral Gables by [allegedly] corrupt Commissioner Marc D. Sarnoff.

Legal troubles over the non-conforming, polluting, government operated vehicle maintenance facility have grow exponentially since the residents of West Grove were first made aware of the project and launched a David vs Goliath legal challenge against the cities of Miami and Coral Gables, not to mention the powerful Astor Development, a company with deep pockets. Had the residents not had a legal team willing to work Pro Bono, they would have never been able to afford to take on this legal battle.

Unfortunately when the residents’ lawsuit came up for a hearing the judge, while sympathetic to the residents’ arguments, ruled not to rule, saying he had no jurisdiction. The residents’ legal team vowed to continue to fight the non-conforming, polluting, government operated vehicle maintenance facility and began to prepare an appeal.

And, it’s a good thing that legal battle continued. Intrepid tree-shaking by the West Grove legal team discovered two very important documents, the first of which is the Smoking Gun email. This internal email was from Dakota Hendon (City of Miami Building and Zoning Department) to Francisco Garcia (City of Miami Planning Director). It stated in unequivocal language that the non-conforming, polluting, government operated vehicle maintenance facility did NOT comply with the Miami 21 Plan, which specifically ruled out things called “government operated vehicle maintenance facilities.”

Rather than say “NO” to a multi-million dollar developer, there was some obvious — if not obviously illegal — jiggery-pokery performed by someone [still to be determined] within the City of Miami government. This person ordered the developer to re-write and re-submit the proposal, but this time leave out the word “maintenance.” The developer did so and the building permit was issued under this second application, even though the only thing that had changed was the wording, not the building’s intent.

However, the West Grove legal team shook out something far more important during its research. It turns out that City of Miami officials had been sitting on a report for years that said the soil at Armbrister Field contained high levels of toxins from Old Smokey, the not-so-affectionate name for the incinerator that belched out carcinogens for nearly 100 years — before it was closed down in 1970. That discovery led to soil testing at all the parks in Miami and, GUESS WHAT?!?! It turns out that toxic ash from this incinerator was used as fill all over Miami, including many of its parks. Expensive remedial action will need to be taken while the parks are closed, ironically including the Marc D. Sarnoff Memorial Dog Park.

The White Elephant at 3320 South Douglas Road from another angle

NB: Don’t get distracted. Soilgate is merely a side issue to this three-ring circus.

Soon after the West Grove residents had their case tossed out of court, the City of Coral Gables — the city that Racism built — filed its own lawsuit against Astor Development and the City of Miami. The suit alleges, essentially, that it was duped. Coral Gables was to accept transfer of a ‘clean’ government operated vehicle maintenance facility that Astor Trolley, LLC, built in exchange for land on which Astor Development, LLC wants to make gazillions of dollars by building a massive mixed-use development. However, Coral Gables is now concerned that the non-conforming, polluting, government operated vehicle maintenance facility is encumbered in lawsuits and wants a judge to either sever the contract it has with Astor or, in the alternative, rule that the non-conforming, polluting, government operated vehicle maintenance facility actually conforms to the Miami 21 Plan, despite the fact that it doesn’t, smoking gun emails notwithstanding.

Which brings us full-circle to the [alleged] Civil Rights violations. According to a Department of Transportation investigation into Trolleygate instigated by a neighbour’s complaint, the cities of Miami and Coral Gables [allegedly] violated the Civil Rights of the West Grove residents by not ensuring the project complied with the Civil Rights Act of 1964, specifically Title VI. The 13 page letter and memorandum from the Federal Transit Administration reads in part [PDF]:

As you know, Title VI of the Civil Rights Act of 1964 (Title VI) provides that “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” U.S. Department of Transportation (DOT) regulations require that public transportation services be provided in a nondiscriminatory manner. To implement this requirement, DOT regulations and the Federal Transit Administration’s Title VI guidance require that entitles receiving Federal assistance, when determining the site or location of public transportation facilities, may not make site selections with the purpose or effect of excluding persons from, denying them the benefits of, or subjecting them to discrimination with respect to, public transportation services on the grounds of race, color, or national origin.

To ensure compliance with FTA’s Title VI regulatory requirements, entities receiving Federal assistance must conduct a Title VI equity analysis for all public transportation facility siting decisions. This analysis will generally include outreach to persons potentially impacted by the siting of the respective facility, and consideration of the equity impacts of various siting alternatives. When a potentially discriminatory impact is found, the transit agency must revise its plans in order to avoid or mitigate the discriminatory impact. If, upon taking mitigating actions and reanalyzing the proposed site selection, the transit agency determines that minority communities will continue to bear a disparate impact of the proposed site selection, the transit agency may implement the site selection only [emphasis in original] if the agency has a substantial legitimate justification for the site selection and can show that there are no alternatives that would have a less disparate impact on the minority community.

The entrance and maintenance bays for the fake trolley buses as
viewed from Frow, a quiet residential street, on October 16th

Cutting through the verbiage: Because both the cities of Coral Gables and Miami accept Federal Dollars to run the free fake trolley buses, they both need to comply with the Civil Rights Act of 1964, Title VI. When Astor Development decided to build this in a predominately minority neighbourhood without consultation, it [allegedly] violated the Civil Rights of the struggling neighbourhood. Furthermore, when Coral Gables refused to give the residents of West Coconut Grove a Fake Trolley Stop, it [allegedly] violated their Civil Rights.

However, the comedy doesn’t end there. The first paragraph quoted above starts out “As you know…” It turns out that both Miami and Coral Gables claim that they didn’t know and have never considered Title VI of the Civil Rights Act. Oh! Stop!! My!!! Sides!!!! According to Jenny Staletovich of the Miami Herald:

An investigation by the U.S. Department of Transportation, triggered by a neighbor’s complaint, found the county failed to ensure the cities followed the law. The cities, in turn, violated the law by not conducting a study during the garage’s “planning stages” to ensure that race did not play a part in determining where it was built or whether the garage would have an “adverse impact” on the West Grove neighborhood, which has long struggled to attract business.

The two municipalities, which say they were unaware of the requirements, also failed to perform public outreach as required by the law, the investigation found.

[…] University of Miami law professor Anthony Alfieri, whose Center for Ethics & Public Service has helped residents fight the garage, said the ruling calls into question whether the governments violated the law in other projects where federal transportation money was used.

“This letter and memorandum raise a significant question about whether the county and these two municipalities have ever been in compliance with Title VI, because apparently they’re not aware of the objectives and have no program in effect,” he said. “Title VI is one of the main provisions of the Civil Rights Act of 1964, so this statute is 49 years old. People marched and died because of this.”

If this were really a situation comedy, this would be where the plot complications begin. Miami and Coral Gables have now committed to conducting the FTA study that should have happened long before the building permit was ever issued; just like the Trolleygate Dog and Pony Show was only mounted by [allegedly] corrupt Commissioner Marc D. Sarnoff after the residents of West Grove discovered he had worked behind their backs to grease the wheels to get this white elephant approved. That’s our sitcom character Sarnoff: Always putting the cart before the horse. Hilarity ensues.

Still not laughing? Maybe the latest finger-pointing from Astor Development will get a chuckle or two out of you. According to the same Miami Herald article:

Astor, however, believes the city should have made sure the Civil Rights Act was followed.

“The city of Coral Gables recently learned that they were subject to the rules and regulations of the FTA, of which the city manager and the city attorney were not aware of in the past,” Astor spokesman Tad Schwartz said.

“Their compliance with the FTA program was not disclosed in any way with our agreement. This wasn’t in our contract.”

Here’s where the comedy ends because: TAXPAYERS’ MONEY!!! Every dollar spent on this project so far has been a monumental waste. When [allegedly] corrupt Commissioner Marc D. Sarnoff decided to help Astor Development push this project through Miami City Hall, it had the reverse-Midas effect: Everything touched by this project has turned to manure. Astor Development purchased the land and threw up the structure. Astor, Miami and Coral Gables have all hired legal teams for the various lawsuits past, present, and future. This is throwing good money after bad and, except for Astor’s money, the taxpayers are on the hook for it all.

ROLL CREDITS: This comedy of errors has been brought to you by [allegedly] corrupt Miami Commissioner Marc D. Sarnoff, the anti-Midas, who decided a developer’s desire to build once again trumped the interests of his own constituents.

BLOCKBUSTER!!! The Trolleygate Smoking Gun Surfaces

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Ready for his close-up: [Allegedly] corrupt Miami Commisioner Marc. D. Sarnoff
at the Trolleygate Dog and Pony Show posing for the Miami Herald.

A whistle-blower on Trolleygate could blow down the house of cards carefully erected by [allegedly] corrupt Miami Commissioner Marc D. Sarnoff. At least that’s what people who call Sarnoff the “Teflon” Commissioner are hoping.

I received a call from an anonymous tipster yesterday telling me of an email being circulated privately (but has since become public) that should have put a stop to the government operated vehicle maintenance facility*, aka Trolleygate, before the first bit of dirt had ever been turned on the project. The email, from Dakota Hendon in Miami’s Miami Building and Zoning Department, said, essentially, that the government operated vehicle maintenance facility being proposed for Douglas Avenue did not
conform to the Miami 21 Plan.

Who is Dakota Hendon? For one thing he helped write the book on the Miami 21 Plan [PDF], so he should know what’s allowed and not allowed. According to an online biography Hendon worked in the City of Miami Planning Department from August 2006 to September of 2010, when he moved to the City of Miami Building and Zoning Department. It was in this capacity he wrote to Francisco Garcia, the City of Miami Planning Director, warning that government operated vehicle maintenance facility being proposed was non-conforming. Yet, like all projects that [allegedly] corrupt Commissioner Marc D. Sarnoff comes into contact with, no one really knows how this non-conforming project got approved, especially after the Zoning department tried to put the kibosh on it.

It just kind of happened. Just like how the Marc D. Sarnoff Memorial Dog Park and the Marc D. Sarnoff Memorial Traffic Circle just kind of happened, even though no one has ever taken responsibility for green-lighting those projects.

However, we now know who tried to stop Trollygate before it even started. On May 24, 2011, Dakota Hendon wrote to Francisco Garcia — City of Miami Planning Director — which included a helpful definition from the Miami 21 Plan:

Francisco,

We have a bit of a problem. The Coral Gables Trolley Station that I met with you and the applicant on a few weeks ago appears to not be an allowable use as we had originally anticipated. See the definition of Auto-related industrial below. I believe this is specifically an industrial use. At this point, they have already submitted for the Warrant and action needs to be taken to stop the application. Additionally, IDR was adamantly against the project in the specific location. 　Please call me to discuss at your convenience.　

Auto-Related Industrial Establishment: A facility conducting activities associated with the repair or maintenance of motor vehicles, trailers, and similar large mechanical equipment; paint and body work; major overhaul of engine or engine parts; vehicle impound or wrecking yard; outdoor vehicle sales, storage or repair; and government vehicle maintenance facilities. This includes auto related Uses not otherwise allowed within the commercial auto related establishment category.

The Marc D. Sarnoff Memorial Dog Park and adjacent Traffic Circle

Speaking of the Marc D. Sarnoff Memorial Dog Park: This has not been a very good month for [allegedly] corrupt Commissioner Marc D. Sarnoff and his doggie park. The residents are up in arms after toxic dirt was found polluting not only the dog park, but also that last sliver of land that Sarnoff decided to leave for the children, after carving out a full two-thirds of the park and turning it over to the dogs. Since the residents are also Marc D. Sarnoff’s neighbours, I imagine it’s made for some tense relations along Shipping Avenue.

IRONY ALERT: In what can only be the supreme irony in this entire story, the only reason it was discovered that the Marc D. Sarnoff Memorial Dog Park was polluted in the first place was due to the West Grove residents’ lawsuit against the government operated vehicle maintenance facility, which was thrown out of court last month. While expressing sympathy to the residents’ plight, Judge Ronald G. Dresnick ruled he did not have jurisdiction in the Trolleygate case.

However, part of the pro bono legal team that represented the West Grove neigbourhood was Zach Lipshultz, who is a graduate student at the University of Miami School of Law’s Center for Ethics and Public Service. As part of that case, he started documenting the apparent toxicity in several West Grove locations. Recently the City of Miami ordered them to be tested again and, just for good measure, included the Marc D. Sarnoff Memorial Dog Park, which had never been tested before.

As David Villano of Miami News Times notes, the Marc D. Sarnoff Memorial Dog Park is getting an immediate clean up after toxic dirt was discovered there, while the City of Miami has known about toxic soil at Armbrister Field and 3 other locations for years without taking any action whatsoever. I guess when you’re the commissioner, you just get toxic clean-ups, dog parks, and traffic circles, while the rest of the citizens of Miami can take a flying leap at a rolling donut.

But, I digress. [I’ll be writing more about the Coconut Grove’s tainted soil in an upcoming post. One Sarnoff Scandal™ at a time. Let’s just stick with Trolleygate.]

It’s all about these fake trolley buses from Coral Gables, the next town over

Coincidentally my anonymous tipster (who was the first person to ever tell me about Trolleygate and even coined the name) had contact with Dakota Hendon when he was still with the City of Miami’s Building and Zoning Department. I was told that Hendon was a helpful resource within the office, always friendly, and willing to explain and help navigate the red tape to obtain building permits. The next thing my anonymous tipster knows, Dakota Hendon is no longer
working for the City of Miami and the non-conforming government operated
vehicle maintenance facility was rushed the zoning process “faster than shit
through a goose,” to use one inelegant phrase thrown around.

Now that Dakota Hendon’s email is public, my anonymous tipster wonders whether this is why he no longer works for city and whether he was pushed, or did he quit. Here’s what’s known for certain: [allegedly] corrupt Commissioner Marc D. Sarnoff shepherded this project from beginning to end, working the backrooms with Astor Development to offer a $250,000 ‘bribe’ to improve Armbrister Field, suspected for years of being polluted.

Another long-time Sarnoff critic [who also wishes to remain anonymous. In fact, it’s hard to find someone willing to go on the record about Sarnoff because people are afraid of his vindictiveness. Many have told me stories of how he punishes his perceived enemies, something I witnessed for myself at the Trollygate Dog And Pony Show.] says this is a tried and true Sarnoff tactic: To offer something to one part of the neighbourhood to get them onside, in order to run roughshod over the rest of the neighbours’ objections, and while the various factions are playing off against one another, Sarnoff will do something like push through a government operated vehicle maintenance facility.

No doubt last month Astor Development and [allegedly] corrupt Commissioner Marc D. Sarnoff had hoped that Judge Dresnick had the last word on Trolleygate. While the residents were decided whether they should appeal, the City of Coral Gables decided to sue Astor Development over its own government operated vehicle maintenance facility.

I don’t know if depositions are taken in cases like this, but here are some questions I’d like to ask if given the chance:

I’d ask Dakota Hendon:

1). Why he’s no longer working for the City of Miami;
2). Why does the written record end at his email;
3). Did he follow up with Francisco Garcia;
4). Who approved this project;
5). What contact did he have with [allegedly] corrupt Commissioner Marc D. Sarnoff over this project;
6). What contact did he have with Astor Development.

I’d ask Francisco Garcia:

1). Why does the written record end with the email from Hendon;
2). Did he follow up Hendon;
3). Who approved this project;
4). What contact did he have with [allegedly] corrupt Commissioner Marc D. Sarnoff over this project;
5). What contact did he have with Astor Development. 

Then I would ask some pointed questions of Astor Development:

1). How often did you meet with [allegedly] corrupt Commissioner Marc D. Sarnoff on this project;
2). How many of those meetings were attended by community groups;
3). Who came up with the $250,000 bribe to Arbrister Field;
4). What assurances did you get from [alleged] corrupt Commissioner Marc D. Sarnoff that this building would go ahead as planned;
5). Whose idea was it to put shutters on the building to make it look more Bahamian;
6). What contact did you have with Francisco Garcia and/or Dakota Hendon.

Then, once I had the answers to those questions, I would call [allegedly] corrupt Commissioner Marc D. Sarnoff to the witness stand and, UNDER OATH, based on the triangulation from all those questions above, see if he will admit to being a corrupt Commissioner. I say this because no one else can think of any other reason that [allegedly] corrupt Commissioner Marc D. Sarnoff would go to bat for a developer from the next town over, to build a polluting bus garage for the next town over, that clearly contravenes the Miami 21 Plan, as evidenced by the city’s own Zoning and Planning Department official.

Who is getting what out of this project? Miami gets no tax revenue from this building and has been paying layers to defend it in court. It’s already a millstone around taxpayers’ necks. Meanwhile, the West Grove residents get all the pollution from this building, while the City of Coral Gables has denied them even the courtesy of a bus stop. Because: That might allow predominately Black West Grove to visit the lily White Miracle Mile in Coral Gables, the next town over, which is the purpose of these phony trolley buses in the first place. [Read more about Coral Gables in my series No Skin In The Game and see why I call it the city that racism built.]

Rampant speculation [in almost every conversation I have about Trolleygate] leads people to believe that somehow [allegedly] corrupt Commissioner Marc D. Sarnoff made out like a bandit on this deal, because there is no other logical explanation for him selling out his own constituents the way he did in Trolleygate.

Read all my posts on Trolleygate here.
View all my videos on Trolleygate here.

* The reason I continue to use the awkward phrase “government operated vehicle maintenience facility is two-fold: 1) That’s what it is; 2). That exact phrase is one of the specifically prohibited uses along Douglas Road, according to the Miami 21 Plan.

Edited September 21, 2013: In my anger I used an expletive that I’ve excised. Also, a lawyer suggested I take out the word “bribe.” Instead I have surrounded it in ‘these quotes’ denoting the word is used colloquially and not legally.

Coral Gables Now Suing Over Trolleygate

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Almost finished: The polluting vehicle maintenance facility on August 26, 2013

The residents of West Grove woke up to good news this morning. The Miami Herald is reporting the City of Coral Gables is now suing Astor Development over the Trolleygate diesel bus maintenance garage. It was just last month when Not Now Silly was forced to report in the story West Grove Residents Lose ► Polluting Trolley Bus Garage Will Go Ahead:

The residents of west Coconut Grove had their hopes dashed yesterday when Miami-Dade County Judge Ronald G. Dresnick ruled that a polluting diesel bus garage will go ahead in their residential neighbourhood as planned.

What a difference a few weeks make. As the Miami-Herald’s Jenny Staletovich reports:

Coral Gables has sued the company building a controversial trolley garage for the city in neighboring Coconut Grove, saying the garage doesn’t comply with zoning rules in the surrounding historic black neighborhood.

And unless a judge rules otherwise, Coral Gables will walk away from the deal it struck with the developer, City Attorney Craig Leen said Wednesday.

Oddly enough the Coral Gables lawsuit [PDF] is based on some of the same grounds as the resident’s lawsuit that was rejected, but comes at it from a business standpoint, according to Ralf Brookes, part of the pro bono legal team that represented the community last month.

“We’re delighted to see Coral Gables has filed suit. Of course we agree with the city of Coral Gables that the intended use is not commercial and is a government vehicle maintenance facility is an industrial use. That’s what we have been arguing all along, but Judge Resnick ruled he didn’t have jurisdiction,” Brookes told Not Now Silly by telephone this morning.

The City of Coral Gables is alleging in its suit that Astor Development is not complying with the Miami 21 Plan and that, therefore, it is not obligated to go ahead with a second deal to convey Coral Gables land to Astor for a huge mixed use development. The Coral Gables suit is asking the judge, who will not be Resnick, to either rule the polluting diesel bus maintenance facility conforms to Miami’s official plan, or allow the city to back out of the contract allowing Astor to redevelop the land on which the current polluting diesel bus maintenance facility sits.

If the judge rules in favour of Coral Gables, what would happen to the building that’s almost finished? One community activist sees this as an opportunity for the struggling neighbourhood. An adaptive re-use of the building could include a farmer’s market or an incubator for small business opportunities. I see it as being large enough to become an artist’s’ cooperative, like The Rust Belt Market in Ferndale, Michigan.

Whatever the building becomes it is beginning to look like everybody’s predictions will come true: This building will never be used as a vehicle maintenance facility.

YouTube videos I took of the soon-to-be mixed use building on August 26, 2013. They show the relationship of this building to the quiet residential neighbourhood and the One Grove mural:

Cops Try To Scare Me As I Cover A Non-Protest

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No protesters at Dirty Blondes

The Dirty Blonde protest didn’t come off as planned. I don’t know how many people they expected, but I’m the only one here, except for 2 cops who both took my picture and tried to intimidate me.

To make a short story long:

I went down to the protest out of curiosity and because I had successfully pitched an article to PoliticusUSA on the power of social media. I’ve never seen anything go viral this fast. On July 28th Keeland Dumont posted a 15-second video on Instagram. It showed an alleged beat down of Alexander Coelho and David Parker by bouncers from Dirty Blonde’s Sports Bar. Watch:


Video courtesy Carlos Miller, Photography Is Not A Crime

Alexander Coelho showing his alleged
injuries from his alleged beat down

I became aware the video the very next morning from Photography Is Not A Crime (a website I highly recommend), where Carlos Miller has been updating the story ever since. Then it was rapidly picked up by Broward New Times, but it spread quickly after that. By the end of 29th it was everywhere. Then a “Boycott Dirty Blonde’s” Facebook page sprang up from nowhere, only to have the inevitable article appear because someone (from Dirty Blonde’s maybe?) reported the page as offensive: ‘Boycott Dirty Blondes’ Facebook Page Temporarily Disabled As Response To Bouncer Beating Video Grows. However, the Facebook page was restored the next day as the legit Dirty Blonde’s Facebook wall was first defaced and then deleted, presumably by Dirty Blonde’s which was having trouble keeping up deleting comments. After that the local tee vee stations jumped on the bandwagon and broadcasted the video. From there it spread across the nation and then around the world. A
friend in Canada sent me a copy, as did another friend overseas.

That made the Fort Lauderdale police sit up and take notice. You see they had taken the bouncers word for it because they actually charged the victims before the video went viral. The public outcry — and the fact that video shows that Coelho was clearly (allegedly) cold-cocked and then kicked several times — forced the police to say they were investigating. Today Fort Lauderdale police charged bouncer Arnald Thomas-Darrah with Felony Battery. His alleged partner-in-crime, Jovan Ralfhel Dean, was charged with Misdemeanor Battery.

I am always curious about things that go viral on the innertubes. Why does one thing explode while other equally compelling stories do not? It’s not for nothing I want to know. I’ve been trying to get my campaign to save the E.W.F. Stirrup House to go viral. After several years of trying, I still feel like I’m pissing in the wind. Yet, a 15-second video is dropped on Instagram and it becomes the shot heard round the world by the next day (not that it didn’t deserve the attention it received).

It was this curiosity that brought me to the Fort Lauderdale beach today. I stayed until about 3:30 and, when no protestors came out, I turned my curiosity to something else: Two police officers protecting Dirty Blonde’s from a protest that wasn’t happening. It’s hard to know exactly why the police officers were even there, since there was no protest whatsoever. *

I first noticed them when they strode purposefully towards the bar. They were the only thing of interest at the non-protest, so I snapped pictures of their arrival:

This was the first officer to arrive. I’ll call him Corpulent Cop.

This officer was the 2nd to arrive so he saw me take a pic of his partner.
He pretended not to see me after I saw him see me. He was the1st officer to take my picture.

 My first thought was to wonder if they were on the city clock or whether
they had been hired by Dirty Blonde’s to keep the piece. That’s the
only reason I even took their picture. I thought I might ask the police department a question or two and see if that led anywhere. In the meanwhile, I had their pictures.

Nothing to do; no protest to shoot

A few minutes later, when I was talking with with two television cameramen sent out to cover the nonexistent protest, I noticed the first officer taking pictures of me from inside Dirty Blonde’s. I was in the process of wiping my brow with a red handkerchief, so I waved it at him and he waved back. By the time I got my camera out to take his picture he had stopped.

A few minutes after that I noticed Corpulent Cop also taking my picture. I pulled out my camera and managed to take a number of shots of him taking pics of me, like so:

Corpulent Cop taking my picture as I take his.

Taking my picture is clearly an attempt at intimidation. However, what am I to make of his shouted comment as I took his picture, “You are a stupid, stupid man.”

The historical marker at A1A & Las Olas

While I didn’t care he had taken my picture, having him yell what I interpreted as a threat was intimidating. Remember: I read Photography Is Not A Crime almost every day. Every post Miller writes is about some poor schnook
who has been thumped and/or arrested simply because cops felt they could
get away with it.

More and more, due to sites like PINAC, dirty cops
are not getting away with it, but that doesn’t mean I want to be assaulted by a macho cop trying to prove he’s as tough as the bouncers he was sent to protect.

From that moment on I made sure I was not blocking the sidewalk. Prior to that exchange I had been casually crossing back and forth from one side of A1A to the other. From that moment on I crossed at the light at Las Olas so that I couldn’t be arrested for jaywalking. I wasn’t going to give this loudmouth an excuse to harass me, not that he’d really need one. Corpulent Cop could just invent one, like what seems to have happened when police showed up on the evening of July 28th to arrest the victim, Alexander Coelho. The arresting officer claimed that Coelho pushed him. I find it extremely hard to believe that after Coelho had just suffered the beating of his life, he’d be stupid enough to assault a police officer. Yet, he was charged with “battery of a law enforcement officer,” despite all the independent witnesses.

Ironically, as I was leaving I ran into a real protest. People were holding signs in favour of Obamacare.

* Apparently the Dirty Blonde’s protestors showed up after I left.

Colour Me Shocked!!! A Revolution In Condo World

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In my world this is earthshaking news. It’s hard to describe in mere words just how shocking this is (which is why I also have pictures), but I’ll try because I’m a writer, dammit!!! This is the equivalent of discovering, late in life, that not only were you adopted, but so were both of your parents, and your parents’ parents. Nothing you ever believed makes any sense any more. It’s that shocking. Really. Trust me.

My parents’ condo complex was built 35-40 years ago; some 240 buildings of 30 units each, with almost no variation from building to building. Del Boca Vista, the Florida condo complex where Jerry Seinfeld’s tee vee parents retired, had to have been based on this community. However, the writers toned down the craziness because they knew how unbelievable it would be, even in a show about nothing. I moved in here after my Mom died to take care of Pops. Within weeks I had run afoul of the Condo Board President. At the next board meeting the bitch moved a motion to have me ejected from the complex. It was seconded and passed with nary a discussion, in contravention of condo by-laws, and I was ordered to leave within 10 days. That was 7 years ago and is a long, involved, Kafkaesque story I don’t care to get into here. However, it is indicative of how conformity is a way of life in this condo complex.

And, that includes the colours. Especially the colours. Oh, those colours!!!

Panorama showing 4 buildings in my complex. There are 236 other buildings just like them. Click to enlarge.

The pink wasn’t quite flamingo pink, nor was it Milk of Magnesia pink. It was a tedious and uninteresting pink. The brown accent was also dull and joyless, not quite chocolate or tan, but somewhere uncomfortably in the middle without having to make a declaration. And this is how it’s been for the past 4 decades. The incorporating documents of the complex stipulate that all the buildings will be the exact same colour. Every so many years the complex gets painted top to bottom, one end to the other. Whenever they’ve painted they have tried to match the colours as close as possible. However, there have always been slight variations from one painting to the next, or from one end of the complex to the other. It must be hard matching that much paint. It still amuses me to hear people complain about a paint job a few occasions back that came out far too pink and not quite brown enough. People were forced to live with it until the next painting. Let’s face it: The people here don’t like change, unless it’s to make a new condo by-law.

And then…suddenly…without warning…without any changes to the condo by-laws…without seemingly a whole lot of discussion…without our previous knowledge…a number of new colours have appeared on my building, and my building alone. And, just on my floor. And, just on my wing. Get a load of this:

No longer in the pink. My front door showing the bilious almost-yellow wall and not-quite-tan door.

My almost-yellow wall against my neighbour’s somewhat greenish-blueish wall.
Where my condo touches my neighbour’s condo. Note the old, not-really-pink in the foreground..
Close up detail of above. Four colours touch.

An intersection where the old colours (left) coexist with the new.

Several condo colour scemes: a slightly different almost-yellow and a slightly different greenish-blueish.

Several condo colour scemes.

Here’s what I have managed to cobble together: A new committee (comprised of whom I do not know) is going to select a new colour scheme for the entire complex. A decision was made (by whom I do not know) to paint a few sample colour schemes (chosen by whom I do not know) and have people live with them a while before deciding (with what input from the owners I cannot determine) what colour to paint the complex in the fall.

I LOVE IT!!! Aside from the sheer anarchy of the whole enterprise, suddenly we look like a happy and colourful community, instead of one with a foot already in the grave. My first suggestion was to make all the buildings multi-coloured, just like my floor is now. It creates a really vibrant look to the building, although I would have stuck more to a pastel/ice-cream pallet, which looks good in the Florida sunshine. However, I was told that that would be impossible because of the incorporating documents. My next suggestion was to choose several colour schemes and dot them around the complex, so that no two buildings next to each other were the same colour. Again, the incorporating documents make that impossible and the cost to change the incorporating documents, ie: the condo by-laws, is prohibitively expensive, according to someone in the know.

And therein lies the big Catch 22: These sample colour schemes themselves seem to contravene the condo by-laws. I have yet to hear if there was a vote by the Board of Directors, but the condo board cannot overrule the incorporating documents.

Short HOA rant: ‘Merkins willingly sign documents which give them almost no rights whatsoever. They allowed themselves to be ruled by capricious, mendacious, and sometimes criminal Boards of Directors. Here in “The Land of the Free and the Home of the Brave” ‘Merkins are legally prevented, and afraid, to paint their front door any colour they want, let alone add any other non-conforming element to the house or condo they think they own. Fun HOA trivia: HOAs were specifically invented to keep out Blacks and Jews. Eventually they lost that power (although it is still applied covertly by some condo boards; a charge that’s hard to prove), but that’s one of the few powers HOAs have lost over the years. Today condo boards are very powerful entities and can crush any dissent. Don’t believe me? My treatment when I moved in is Exhibit A. I publicly called the Board President a bully and, ironically, she set out to prove how right I was.

Meanwhile, until further notice, here’s my very colourful building in a very large panorama:

Colour my world. The 3 almost-yellows are not the same, nor are the two greenish-blueish.