Tag Archives: Miami Board of Planning and Zoning

Trolleygate Sputters Back To Life

As the first journalist to write about Trolleygate, I couldn’t help but chortle over yesterday’s Miami Herald story about the white elephant also known as the Trolley Folly:

Why is this so funny? Let me count the ways:

1). WAREHOUSE?!?!

2). The Miami Herald covering something in West Grove? It only seem to do that when there’s been a shooting.

The Herald seemed quite incurious about Trolleygate while it was happening. At the time everyone in West Grove knew how their [allegedly] corrupt former-Miami District 2 Commissioner, Marc D. Sarnoff, had sold them down the river. [How apt: A slavery reference.] However, the Miami Herald never reported on that aspect of the story, which allowed Sarnoff to slip away again.

3). I couldn’t help but be struck by the total lack of specificity in the article. I spoke to Commissioner Ken Russel by phone last evening, after this article was printed. He tells me he was not only misquoted by David Smiley, but he left out an important part of what was said.

Commissioner Russell says he told Smiley that he wasn’t going to do anything without input from West Grove, since those were the folks adversely affected by this bone-headed decision in the first place. [My paraphrase.]

3). This is not much of a scoop on the Herald’s part. Just like Trolleygate, I was there first. On November 12th I posted a short interview conducted with Commissioner-elect Russell in which we had this exchange:

NNS: Is there any big project you’ve got in mind? Something you want to try to do while in office.

KR:
Yeah, I would like to see something good come of the Trolley garage.
I’d like to see that building serve the community. And, I’ve heard a lot
of good ideas, but not in a formal setting to where I could say what
should be done with it, but it’s a symbol of how this part of town’s
been treated and, I think, in the same symbolic gesture should be
converted into something that builds up the community.

A community center would certainly do that.

4). While I am total agreement with Commissioner Ken Russell that a community center would be a good use for this building, and that West Grove could certainly use one, I can’t help but think this is just throwing good money after bad.

I’ve never seen a full accounting of how much money Miami flushed down the drain defending the building of this diesel garage that would have only served Coal Gables, a totally different city next door. However, there were several lawsuits launched against Miami, Coral Gables, and Astor Trolley. In the end it was determined that Trolleygate Violates 1964 Civil Rights Act ► Not Now Silly Vindicated. Every penny Miami spent to defend the out of town developer, over the interests of the community and its own constituents, was money wasted.

And, now the city may spend almost $4 million to, basically, get everyone off the hook.

5). If it were in my power I’d rename this building Marc Sarnoff’s White Elephant. As I have written previously, Sarnoff worked tirelessly on behalf of the developer to get this project approved. He set one neighbourhood group against another. He offered one of those groups a kind of bribe to not fight the garage. At a public meeting I attended he threatened West Grove neighbours with withdrawing his support for building Gibson Plaza. He also suggested he didn’t have to back the infilling of new homes in the neighbourhood if they didn’t play along. It was Sarnoff’s performance at this community meeting that prompted me to write Is Marc D. Sarnoff Corrupt Or The Most Corrupt Miami Politician?

However, Sarnoff was able to walk away without any of the blame — which the Miami Herald helped by not reporting on it — that should have been his due for having screwed his own constituents on behalf of an out of town developer.

6). This paragraph really jumped out at me:

[Developer Henry] Torres disputes that he or the city tried to ram the warehouse down the throats of unsuspecting West Grove residents, but he said he’s had previous discussions with Miami officials about selling the building to the city. There was talk at one point about a police substation, or a Bahamian consulate. Still, he said he hadn’t heard anything about Russell’s interest, or even received a call from the commissioner — which he found somewhat presumptuous.

This is simply not true. While Torres may not have PERSONALLY tried to ram the (((WAREHOUSE?))) down the throats of West Grove residents, he didn’t have to. Marc Sarnoff greased the wheels, slicked the tracks, and got this through “faster than a hot knife through butter,” as one of my sources put it at the time.

However, as I reported in BLOCKBUSTER!!! The Trolleygate Smoking Gun Surfaces, one eagle-eyed city Planning & Zoning drone named Dakota Hendon realized that the Miami21 plan would not allow this use of a building on that street and sent an email to his boss:

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.

So, what did the city of Miami do? It got Henry Torres, or underlings that work for him, to withdraw the application and then resubmit the application. They were identical, except that the new one didn’t talk about vehicle maintenance and repair. The new application made it sound as if it was just going to be a passive (((WAREHOUSE?))) of diesel trolley buses (an oxymoron. Trolleys are electric.).

When I discovered this memo I tried to find Dakota Hendon to see how this building got approved when he said it was non-conforming. Surprise! He no longer worked for the City of Miami. I actually tracked him to his new job in New York and left several messages. I never got a reply.

However, I’m starting to think it’s important that his boss was Francisco Garcia, City of Miami Planning Director. 

7). I had never met Francisco Garcia before I wrote Coconut Grove in Black and White, just another look at the disparity between Black and White neighbourhoods in Miami. Not only hadn’t I met him, but I didn’t remember he was the recipient of Dakota Hendon’s email (see above). Even dumber on my part: I had forgotten I had actually written about him in that post and, furthermore, asked some pointed questions of him:

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. 

If I had remembered all that I might not have walked up to him in that meeting to whisper in his ear. I wanted to ask him why South Grove was getting all this attention when
West Grove has trouble getting house rubble removed in under 6 weeks. I
also wanted to ask him about the NCD-2 rules (West Grove), which are different from
the NCD-3 rules (South Grove). My source told me that Garcia could answer all my questions.

I waited until he was not answering questions or batting back insults from the South Grove residents and was standing quietly on the side of the room. I handed him my card and said, “Headly Westerfield. I don’t want to waste your time at this meeting, or the meeting’s time, but I’d like to interview you about the NCDs.”

As he gave me his card, I can distinctly remember Francisco Garcia’s exact response, word for word: “I’d be happy to talk to you.”

However, he lied.

He has not responded to my several phone calls, which started the following day. Nor has he replied to my 3 emails. I’ve started CCing Commissioner Russell’s office in my emails to Garcia’s office.

Something tells me he’s dodging me.

That’s why I’m in the middle of a MASSIVE Freedom of Information request to the City of Miami’s Planning & Zoning Office. I’ll get what I need.

8). This article is a piece of crap. If the Miami Herald cared about the community, it might have published some of the above. If I can prove all of this, why can’t the Miami Herald with its humongous resources? Instead the Herald played along by calling this a (((WAREHOUSE?))), as opposed to a polluting diesel maintenance facility, the thing it was designed to be. Once again the Herald is protecting powerful people responsible for wasting shit loads of taxpayers dollars.

Reading that article you’d think it was the poor developer who was the victim, as opposed to West Grove that has had to suffer from systemic racism since their Bahamian ancestors built Coconut Grove with their own hands. Henry Torres will make his money back (and then some, it seems).

Marc Sarnoff got away scott free.

Dakota Hendon seems to have landed on his feet.

And, Francisco Garcia continues to make decisions in favour of developers that adversely affect the current residents of the neighbourhoods.

I went to the craziest Planning & Zoning meeting the other night hoping to confront Francisco Garcia. Sadly he wasn’t there. It was an appeal of a development in South Grove. After all the yadda yadda yadda it was decided — get this — that the Planning & Zoning department would follow the Miami21 plan when approving permits and warrants. That’s almost a tacit admission that it hasn’t been up to now. [See above.]

Smiley ended his article with this and made it a Patented Miami Herald Feel Good Story™:

But that idea [of a community center] sounds good to [Clarice] Cooper. And to [Anthony] Alfieri, the UM professor, it also sounds right.

“Given the West Grove’s Jim Crow history of municipal segregation in housing, education, and even public water access, and the current exploitation and displacement of long time West Grove residents,” Alfieri said, “Commissioner Russell’s proposed community center at the site of the misbegotten trolley garage is an important public policy initiative both to remedy past wrongs and to preserve and strengthen the surviving West Grove community.”

FULL DISCLOSURE: I also made a proposal for the Trolleygate building, which appears to have been rejected.

The Klu Klux Klan Act of 1871 ► Throwback Thursday

It was supposed to be a normal meeting of the Miami Planning and Zoning Board last night. The first 2 items were deferred from last month and there were a number of citizens who wanted to speak to it. 

Normally when I attend a meeting at Miami City Hall, I know all about the issues that will be discussed. I knew nothing about this issue. All I knew is that one of my sources, who has yet to be wrong, strongly suggested I make time for the 6PM meeting without telling me why. That was the first time they were ever wrong. It turned out to be a 6:30 meeting.

And, the meeting didn’t even start at 6:30. It took a few extra minutes to get a quorum. However, once the meeting was gavelled to order, it moved pretty quickly to the first 2 agenda items, which had been deferred from last month in the hope that the residents and developer could work out an amicable deal. That didn’t appear to have happened.

MAP LEGEND:

A: The 4 parcels on the north side of Day Avenue; B: The 4
parcels on the south side of Day Avenue; C: Brooker St. is
where Coconut Grove ends and Coral Gables begins; D: Douglas
Avenue; E: The Trolly Garage, which was the last time the city
tried to run roughshod over the neighbourhood and won a Pyrrhic
victor that cost the city a lot of money, all because of
[allegedly] corrupt Miami Commissioner Marc Sarnoff’s meddling.

In a nutshell, and not to get too deeply in the weeds: A developer wanted to “upzone” 8 parcels of land along Day Avenue to commercial from residential. Upzoning is the new word for variances, which appear to be routinely approved despite what the neighbours may want.

First to speak was the City of Miami’s lawyer, who seemed to have been asked by the board previously, to give the city’s recommendation on the upzoning request. After a whole lot of yadda, yadda, yadda the city decided to take a Solomonic approach. It recommended approval of upzoning the 4 parcels on the north side of Day Avenue (labeled A on the map to the right) and recommended denying the upzoning on the 4 parcels labeled B on the south side of Day.

Next it was the lawyer’s turn to speak on behalf of the developer. It was a whole lot more yadda, yadda, yadda, but this time couched in lawyer talk. However, as he spoke you could hear the citizens, the stakeholders, the taxpayers grumbling over the wording and assumptions being made.

Then the meeting was opened to public comments. People were asked to line up at the podiums on either side of the dais and given 2 minutes to explain their support or opposition to the application for upzoning. No one spoke on behalf of the upzoning. All were opposed.

First up was J.S. Rashid, CEO of the Coconut Grove Collaborative Development Office, who spoke about how his organization is trying to maintain the fabric of the historic West Grove neighbourhood for decades, which continues to be whittled away by decisions made in Miami. He talked about the neighbourhood development zone which had been created previously and how this was more about equity than it is about the zoning of a few parcels. He brought up how there may be 8 parcels of land, but that represents 14 residential units of affordable housing for disenfranchise people. While he was hoping for a compromise, he said if there’s not a net benefit to the community in affordable housing, he was prepared to oppose the project in toto.

Then the various shareholders, citizens, and taxpayers turn. It was, in essence, the same arguments heard every time the people of West Grove come out to protect their neighbourhood. Paraphrasing many of the comments: 

“You can’t do this.”

“Once again the historic fabric of the originally Bahamian neighbourhood is being destroyed for the sake of commerce.”

“Currently, this is affordable housing. If these are lost, what will replenish the supply of affordable housing in this impoverished neighbourhood?”

“We are 3 generations of Grovites who have lived on this block for over 30 years.” 

It look as if the board was about to recommend they defer the issue all over again, because it truly seemed as if there might still be room for compromise. However, the lawyer for the developer didn’t think more negotiations would have been productive and asked for a decision.

Then it was time for more comments from the public. Step up Professor Anthony Alfieri. You may remember reading about Professor Alfieri in the Not Now Silly Newsroom’s An Introduction to Trolleygate and Trolleygate Violates 1964 Civil Rights Act ► Not Now Silly Vindicated. Alfieri was also instrumental in unearthing Soilgate (pun intended), when his team researching Trolleygate found a memo alluding to contaminated soil in several parks in Miami. Alfieri is from the University of Miami’s School of Law and the Center
for Ethics and Public Service; not to mention Founder of the Historic
Black Church Program.

Professor Alfieri made the comparison to Trollygate, that I had been waiting for, and how an approval of this upzoning would trigger Title VIII of the Civil Rights Act of 1964 and 1968. As part of his presentation Alfieri remarked that they have been receiving anecdotal information — which was still being compiled — that developers across the city have been using coercion, intimidation and interference to deal with those opposed to upzoning plans. If that can be proven it could trigger the Klu Klux Klan act of 1871:

The Enforcement Act of 1871 (17 Stat. 13), also known as the Civil Rights Act of 1871, Force Act of 1871, Ku Klux Klan Act, Third Enforcement Act, or Third Ku Klux Klan Act, is an Act of the United States Congress which empowered the President to suspend the writ of habeas corpus to combat the Ku Klux Klan (KKK) and other white supremacy organizations. The act was passed by the 42nd United States Congress and signed into law by President Ulysses S. Grant on April 20, 1871. The act was the last of three Enforcement Acts passed by the United States Congress from 1870 to 1871 during the Reconstruction Era to combat attacks upon the suffrage rights of African Americans.
The statute has been subject to only minor changes since then, but has
been the subject of voluminous interpretation by courts.

This legislation was asked for by President Grant and passed within
one month of the president’s request for it to Congress. Grant’s request
was a result of the reports he was receiving of widespread racial
threats in the Deep South, particularly in South Carolina.
He felt that he needed to have his authority broadened before he could
effectively intervene. After the act’s passage, the president had the
power for the first time to both suppress state disorders on his own
initiative and to suspend the right of habeas corpus. Grant did not
hesitate to use this authority on numerous occasions during his
presidency, and as a result the first era KKK was completely dismantled
and did not resurface in any meaningful way until the first part of the
20th century.[1] Several of its provisions still exist today as codified statutes, but the most important still-existing provision is 42 U.S.C. § 1983: Civil action for deprivation of rights.

The city’s lawyer couldn’t answer whether approval of upzoning would trigger the Civil Rights lawsuits, but stressed as strenuously that the Planning and Zoning Board is a single issue board. Civil Rights lawsuits was not within its purview to adjudicate.

Whether it had anything to do with the Klu Klux Klan Act of 1871, or whether common sense prevailed, the developers request was DENIED.

Which is it’s this week’s Throwback Thursday.