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  1. #21
    Member Maria de los Angeles's Avatar
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    Dear all, just got a call from Diana. I asked her to let us proceed with presenting the issue to the commission. She's going to talk to Gongora. I'll post as soon as I hear anything. If we can get this on the agenda, who wants to come to the meeting with me? I think they need a head count. Also, Clive should join us, don't you think?

    Also, mrbones, she told me that it's ok that you are not resident of MB proper. No problems there.

    Oh and PS ... Gongora is BOTH commissioner and vice-mayor ... so confusing. :ohh:

  2. #22
    Member Maria de los Angeles's Avatar
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    OK, Gongora has agreed to bring the issue to the commission meeting on July 11, which basically means it's good to go -- it will "pass" to the Land Use & Development meeting on Sept 10. Unfortunately, we missed the deadline for July's meeting and there will be recess in August, so September is our chance.

    I didn't get a sense that anyone was going to literally kick Clive off the property in the time being. We have plenty of time to prepare our case.

    Attendance is not necessary for the July 11 meeting, but I'll still go. Do mark your calendars for September 10. More details to follow.

    I'm going to go up and talk to Clive. I need his phone # so we can stay in touch.

  3. #23
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    Maria, your the bomb.

  4. #24
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    Great work. I will definitely be at the Sept. meeting and will hopefully bring a lot of folks. I unfortunately will not be able to attend the July meeting. The city has stated to me that it will be reaching out to the Log Cabin in the next month to discuss the issue.

  5. #25
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    Irving had posted to this thread earlier, wondering if he or she would be interested in coming to the meeting as well.

  6. #26
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    Well some bad news to report. I just spoke with Clive and apparently a new manager has taken over the Log Cabin and told Clive that he must leave by this Monday. I am not sure why the manager would take this stance given that the City of Miami Beach will be reviewing this issue in the next couple of months. It seems extremely harsh. I believe Clive will remain in business until the Log Cabin starts formal eviction proceedings. But he obviously needs our support now. Please contact your Commissioners and let them know what is happening. Thanks.

  7. #27
    Member Maria de los Angeles's Avatar
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    Just emailed Michael Gongora ... will keep you posted.

    I sent him a thank you email last week and he replied that he was happy to assist ...

    Mrbones thanks for keeping me informed.

  8. #28
    Member Maria de los Angeles's Avatar
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    Dear all, I just got a call from Commissioner Gongora's aide. Apparently the issue is that Log Cabin Nursery is being taken over by Sunrise Community Foundation, which is private, so it's out of the city's hands. I will look into this over the weekend.

  9. #29
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    Hi, thanks for the update. I am not sure why is would make a difference that the new management company is private except to the extent that they don't want Clive there. In that case, they would not advocate for a sublet clause in the lease, which means that the pressure has to placed on the management company. Let me know what you learn.

  10. #30
    Member Maria de los Angeles's Avatar
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    Just talked to Clive and also Sunrise Community Foundation ... things are moving. Mrbones, can't find your phone number. Please email me.

  11. #31
    Member Maria de los Angeles's Avatar
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    Well, here is the letter I sent to the city of Miami Beach just a few minutes ago. Sunshine Community Foundation has been running the developmentally-disabled adult program at Log Cabin for a couple of years, according to Margaret Feldman (development director), a lovely spirit with whom I spoke to yesterday at length.

    Basically, this entire situation is ridiculous -- the work Sunshine does is amazing and having Clive serve juices on the property can only make things better. Why not support each other? I think there are many branches here not communicating with each other; if all I can do is bring the argument together, then so be it.

    Thank you for getting back to me about the situation at Log Cabin Nursery. I'm still wondering why the matter would be taken off the commission agenda, because even though Log Cabin (as a non-profit) has been handed over to Sunshine, it's still a city of Miami Beach lease.

    According to representatives of Sunshine Community Foundation, they have no say over whether or not vendors are allowed on their property, since they have to abide by the terms of a lease written by the city. In other words, even though Sunshine is involved in operating this place as a non-profit for developmentally disabled adults, Log Cabin is still a city property.

    A great deal of energy will be wasted arguing over the terms of an antiquated lease when it's currently something that is actually good for the community in all ways; I'd love to see Clive stay at Log Cabin but also why not use this as an opportunity to support what Sunshine has been doing in South Florida all along? It's a win-win situation, no matter how you look at it. It boosts city morale; it makes Miami look good; it helps people who are really in need ... as I said before, I am personally invested in shopping at this garden. And I can't imagine Miami Beach not being proud of having such a special program within city limits, enjoyable for all, locals and tourists alike. Clive's presence there supports the cause and enhances it.

    I realize political towels are complex and easy to throw out ... but seriously, I am reaching out as a person trying to help another. Let me know how we can work together to come to an amicable solution.

  12. #32
    Gus
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    Maria, residents of Key West are having a similar legal battle over the future of the Hemingway Cats. The city code says “no person may keep more than four domestic animals on any premise.” The USDA ordered the museum to cage the cats, but the museum refused to comply saying "we don't think that is in the best interest of the cats."

    Yesterday, the Key West City Commission voted that the cats are indeed animals of historic, social and tourism significance, and should be allowed to stay.

    Perhaps there's something to be learned here.

  13. #33
    Member Maria de los Angeles's Avatar
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    Very interesting Gus! I can't believe they would be so nit-picky about the critters.

    Yeah, those cats must definitely stay! Have you been to Hemingway House? They are so part of the place. Plus hens and roosters run loose on the Bahamian side of Key West.

    It seems to me that such a law was written to prevent people from breeding animals and to limit the number of stray animals, however, I doubt you could tell one person to not have more than four pets, especially in Key West and especially if they are taken care of in a clean and healthy way (LOL, get it? Hemingway, Clean and Well Lighted).

    And this is a city that has one of the most x-rated parades in the world every year and a clothing-optional bar.

    Let's hope it all works out.

  14. #34
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    hi, i have been out of touch and not with a computer for weeks. however i spoke with clive today and he said that the new management told him he has to be out by July 26th or it will call the police. clive has operated in his spot for five years, he has paid rent monthly and was considered a tenant by the log cabin, i believe that he has a "tenant" relationship with the log cabin (albeit constructively) and if the new management plans to kick him out, it must follow the state eviction laws. this has gotten so ugly and i wonder why gladstone and the others at log cabin have not come to his defense. we need some help for clive here, anyone know a good landlord/tenant attorney who would be able to advise clive on a pro bono basis??? thanks.

  15. #35
    Gus
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    Who is the new management, and why are they being such a hard ass? What do they plan to do with the space after they evict Clive? They better be building a skateboard park, because if they're evicting a tenant who paid rent for 5 years just to be jerks, I'm going to be real pissed.

    Quote Originally Posted by Maria de los Angeles
    OK, Gongora has agreed to bring the issue to the commission meeting on July 11, which basically means it's good to go -- it will "pass" to the Land Use & Development meeting on Sept 10. Unfortunately, we missed the deadline for July's meeting and there will be recess in August, so September is our chance.
    Maria, I was under the impression that everything was okay until the the Land Use & Development meeting on Sept 10.

    This seems like a very inopportune time for the City Commission recess.

  16. #36
    Member Maria de los Angeles's Avatar
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    Hi Gus, did you miss the reply? It was on page 2 of the thread. I'm quoting in full here. I never heard back from the City of Miami Beach. Mrbones, I was hospitalized last week and I'm staying with my parents on the mainland for a while. Can you please PM me your phone number again? Thanks.

    Quote Originally Posted by Maria de los Angeles
    Well, here is the letter I sent to the city of Miami Beach just a few minutes ago. Sunshine Community Foundation has been running the developmentally-disabled adult program at Log Cabin for a couple of years, according to Margaret Feldman (development director), a lovely spirit with whom I spoke to yesterday at length.

    Basically, this entire situation is ridiculous -- the work Sunshine does is amazing and having Clive serve juices on the property can only make things better. Why not support each other? I think there are many branches here not communicating with each other; if all I can do is bring the argument together, then so be it.

    Thank you for getting back to me about the situation at Log Cabin Nursery. I'm still wondering why the matter would be taken off the commission agenda, because even though Log Cabin (as a non-profit) has been handed over to Sunshine, it's still a city of Miami Beach lease.

    According to representatives of Sunshine Community Foundation, they have no say over whether or not vendors are allowed on their property, since they have to abide by the terms of a lease written by the city. In other words, even though Sunshine is involved in operating this place as a non-profit for developmentally disabled adults, Log Cabin is still a city property.

    A great deal of energy will be wasted arguing over the terms of an antiquated lease when it's currently something that is actually good for the community in all ways; I'd love to see Clive stay at Log Cabin but also why not use this as an opportunity to support what Sunshine has been doing in South Florida all along? It's a win-win situation, no matter how you look at it. It boosts city morale; it makes Miami look good; it helps people who are really in need ... as I said before, I am personally invested in shopping at this garden. And I can't imagine Miami Beach not being proud of having such a special program within city limits, enjoyable for all, locals and tourists alike. Clive's presence there supports the cause and enhances it.

    I realize political towels are complex and easy to throw out ... but seriously, I am reaching out as a person trying to help another. Let me know how we can work together to come to an amicable solution.

  17. #37
    Member Maria de los Angeles's Avatar
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    Dear All,

    I'm back from my mid-month health crisis and catching up with everyone.

    I just spoke with Clive, who is heading on his way right now to Log Cabin. The Foundation threatened to have the police come and remove his body physically. I believe this type of eviction isn't legal, so Clive is reluctantly going through the process as he may be able to use it in arbitration. To the best of my knowledge, eviction (even from an apt) takes WEEKS and involves paperwork.

    I received a phone message from Diana Fontani, Commissioner Gongora's aide about the situation. I have left a message with her and sent the email quoted below.

    Will keep you posted!

    First of all, let me apologize for not getting back to you sooner. I was hospitalized on the 7th for a heart condition (severe episode of atrial fibrillation) and stayed on with my family until yesterday. (I'm doing fabulous now, by the way ... no worries!)

    I am catching up and just heard from Clive that he is going through the process of being "evicted" forcefully by the police today. I believe this type of eviction isn't legal, which is why Clive is reluctantly showing up to be lead out. It would be great if we could put this back onto the agenda or what do you think would be best?

  18. #38
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    Hi All-- I have been working along with my father (who is a real estate attorney) on Clive's case. We have been informed by Sunshine Foundation that they will not sub let to Clive, even assuming the City ordinance regarding subleasing was amended. We then contacted the City attorney's office who informed us that they will postpone the plans to evict Clive today. I do not know at this point how much more time they will give Clive but it will be weeks not months. I think the best thing we can do for Clive at this point is help him find another location where everything he has to offer will be appreciated!

  19. #39
    Member Maria de los Angeles's Avatar
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    Hi Irving! I am going to send you my phone number via private message. Please check. Let's talk. I had no idea you were involved. I agree with your solution. It'd still be good to have the City on our side to help Clive find a new place. Talk soon ...

  20. #40
    Member Maria de los Angeles's Avatar
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    Just talked to Diana. She's going to find out about other locations. Two ideas: the beach, south of 21st and Collins Park, which is going through a selection of potential vendors for its revitalization plan.

    I just also spoke with Irving. It seems Clive will not be evicted today ...

    More soon.

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