Coral Gables

Coral Gables officials explain silence on Matheson Hammock project

 

Coral Gables’ city attorney says the law requires elected leaders to be impartial judges on zoning matters and not make up their minds in advance.

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Coral Gables Mayor Jim Cason says he has received more than 400 emails about a controversial plan to build a five-story boat warehouse at Matheson Hammock Park’s marina.

Other city officials say they also have received numerous messages. But legally speaking, they’re not allowed to answer any of them, the city attorney said this week.

“The commission and the city manager have received many letters from members of the public related to this matter, and that’s understandable as it’s an important matter to the city, but they cannot respond,” City Attorney Craig Leen told the City Commission at its meeting Tuesday. “They can acknowledge receipt, but I’ve asked that those letters be forwarded to the city clerk and so placed into the record. Everyone is entitled to due process and fair process.”

The reason: The city will have to decide whether to approve the $18 million structure, and part of this approval process will be “quasi-judicial,” meaning that commissioners must act like judges and make their decisions without pre-judging and based only on information provided at a public hearing.

Therefore, Leen advised the commission not to discuss their opinions on the proposal, nor even to engage in conversation which can be construed as taking a side, lest they be recused from voting on the issue when it comes before them.

Other lawyers would agree with Leen’s advice, but it can put commissioners in an awkward position with respect to their bosses — the people who elected them.

“I’ve received many phone calls and emails and get stopped all the time,” said Commissioner Frank Quesada. “It’s important to put out news summarizing what you are saying today so there’s some clarity out there,” Quesada told Leen. “Many residents have a tough time understanding.”

Quesada said he just politely acknowledges receipt of each message without getting into the substance of the debate. But many residents wonder why their elected officials have not weighed in on the matter yet, he said.

“It’s important to know we can not comment on merits until they come to us in the correct form at the correct time,” Mayor Cason said.

Coral Gables has zoning jurisdiction over the county park because it lies inside the city limits. The approval process will be lengthy, involving four city boards, Leen explained.

First, the application has to be submitted to the city’s board of architects for consideration. Next, the application undergoes review by the city’s planning board and historic preservation board. If the application passes these boards, then it must undergo two public votes of the city commission.

Also at Tuesday’s meeting, Commissioner Ralph Cabrera praised the Coral Gables Police Department for receiving accreditation from the Commission on Accreditation for Law Enforcement Agencies in November.

“This new award is the gold standard for public service agencies and awarded to law enforcement agencies who demonstrate the highest levels of excellence,” he said. “I feel this is so well received I would love to let people know what our police department is doing.”

Cabrera also presented a series of photographs he had snapped after a Feb. 1 Economic Development Board Meeting of conditions at the Merrick Garage, a parking structure built in 1997 at a cost of about $10 million. The photos revealed grease stains and dirty floors, overflowing garbage cans, a filthy elevator and damaged cement decorations.

“The centers of first impressions are our public garages and the vast majority of our public garages are in horrible condition,” Cabrera said, singling out the Merrick as an example. The problems depicted in the series of photos have been addressed, he acknowledged, but the city has to be proactive.

City Manager Patrick Salerno said better communication between the parking and public works departments must happen so problems that arise can be fixed immediately. He also said the pictures could have been taken at any time during the past five years, as this was not a new problem. His comments led to a brief argument between the commissioner and manager.

Ultimately, “our goal is to make downtown a showplace,” Salerno said. “The center of first impression is Miracle Mile and we need to make sure people have positive thoughts about this community. That’s the first impression people will get of this city.”

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