MIAMI MIRROR TRUE REFLECTIONS

BEFORE CITY OF MIAMI BEACH NEGLECT

Photography by Michael Trainer

AFTER CITY OF MIAMI BEACH NEGLECT

We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. City of Miami Beach Mission Statement

AN APPEARANCE OF IMPROPRIETY BY DAVID ARTHUR WALTERS

MAIMI MIRROR TRUE REFLECTIONS

NOTES ON MDC COMMISSION ON ETHICS REPORT OF INVESTIGATION

April 18, 2012

COE Report Styled: REPORT OF INVESTIGATION K#: 12-040 Date Opened: March 9, 2012 Name of Investigator: Manuel W. Diaz Most importantly, it is commendable that the Commission took up my inquiry. And its Report of Investigation is well done, relatively fair and balanced. However, every report has its flaws, and this one has a few, mostly due to the fact that I was not informed that my Inquiry was being considered and invited to respond prior to the drawing of a conclusion. The report gets off to a bad start with, David Arthur Walters, a blogger who writes about City of Miami Beach (City) Government, contacted the COE. Director Joe Centorino as well as the staff were informed of the fact that I am not a blogger and that I consider the tag insulting. The affront is irrelevant except to indicate that perhaps the investigator, although he did a good job, might have taken my Inquiry more seriously and gotten ahold of me during his investigation. The report is based on whether or not a violation of a particular ordinance occurred; to wit: Miami Dade County Code of Conduct and Conflict of Interest Ordinance: Sec.2-11.1 (g) Exploitation of official position prohibited. No person included in the terms defined in Subsections (b)(1) through (6) and (b)(13) shall use or attempt to use his or her official position to secure special privileges or exemptions for himself or herself or others. The investigator said he found no evidence of a violation of the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance or of the Miami Beach Ethics Code. Therefore, the case is closed without further action. The gist of my Inquiry was that my investigation raised reasonable suspicion that certain city employees might be engaged in corrupt activities. One of several factors was that Assistant City Manager Hilda Fernandez did not respond to my repeated questions about the existence and nature of a fire notice that should have, if taken for face value, yielded an estimated $240,000 lien in the citys favor. The investigator found that neither she nor anyone else responded to my request. If she and/or other officials had bothered to answer my query, I may not have filed my Inquiry with the Commission. My request originated as public records request filed with the City Clerk, and has yet to be fulfilled. That is, in my opinion, an ongoing violation of the Florida Constitution and Chapter 119 Public Records Florida Statutes. If the withholding of that information were to save city officials embarrassment, or if the request were simply ignored out of official arrogance, it might be a violation of the Miami Dade Ordinance cited by the investigator.

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MAIMI MIRROR TRUE REFLECTIONS

The investigator states that, To substantiate his position that clean ups and liens for violations were allegedly being held back, Walters cites his research into City recorded documents and his emails to Fernandez which went unanswered. That is half the reason that I became suspicious. My inquiry to the Commission, dated March 7, 2012, 4:53 PM, stated, in part: A top Sanitation official said the top three Compliance officials were contacted in writing about the property in question. He also described the way he believes the corruption regarding invoicing and liens work, and said there were similar properties around the city (Miami Beach). He is not a confidential source. Nor is the person who told me he has email proof that Assistant City Manager Hilda Fernandez is aware of the corruption. I forwarded correspondence on this issue to the SAO and MBPD but have been unable ascertain whether any inquiries are being or have been made. Neither has Ms. Fernandez responded to my question if anyone from law enforcement has asked her about the matter. The sources of the allegations were not questioned by the investigator. Hilda Fernandez reportedly told the investigator that I had sent her numerous complaints about buildings in the City that may have Code violations. She advised that it was Assistant City Manager Lynn Bernstein's responsibility to follow up my complaints, and to report back to her. Bernstein's emails confirmed that the City departments queried responded to Bernstein's inquiries. The responses were in turn relayed to Fernandez by Bernstein via email. (January 6, 2012-January 11, 2012 emails in file.) During the interview, Fernandez again reiterated that she does not regularly return complaint emails. My inquiry was a public records request, not a complaint email. She corresponded with me on the subject then dropped the ball, or threw it away, failing to respond to my follow up requests. A reading of my email by any responsible public employee would prompt him or her to respond. The investigators Report states that, Manny Marquez, Finance Department, Revenue Manager, was contacted and provided the following: 1. A copy of a Priority Lien for the location filed by the City on 7/8/11 in the amount of $3806.03. 2. A copy of the City's financial interest in the property, indicating that the City has a Special Master lien pending on the location for $21,399.77. As stated on the Lien, the fines will continue to accumulate until the lien is settled. What? Is it $21,399.77 and still running? But the file sent to the Commission with my Inquiry includes the January 5, 2012, statement of Lisa R. Martinez, Clerk of the Special Master: I am the Clerk that handles Special Master Cases for the Fire Department and Code Compliance. As of today, there are no pending fire violations before the Special Master. There is a Code Violation under Special Master case number JC11000294. The violation cited is "closed building case." This case is recorded as a lien against the property. The fine is $100/day beginning May 10, 2011, with a cap of $20,000. This case reached the cap on November 26, 2011. This is the maximum fine for this case. The July 8, 2011, lien I may have misstated as $3,846.03, so I shall check the record.
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MAIMI MIRROR TRUE REFLECTIONS

But on May 19, 2009, a lien in the amount of $1,084.38 was filed against the property, Book 26915 Page 1952. I see no satisfaction filed; what is the disposition of that lien? On July 18, 2011, File CE10005482/JC11000294, a Compliance officer made an affidavit stating that a city contractor cut and cleaned the lot. Where is the bill and lien for that work? Compliance Notice CE12001020 is dated October 14, 2011, but was posted on the property until January 20, 2012. It is for overgrown yard, trash, removed fence, et cetera, with an estimate of $1,200. Where is that bill and lien? I was personally present at a major cleanup in January 2012, involving a crew of men, a dump truck, and a crane. Where is that bill and lien? What is really going on here? Is it true, as I was told by Sanitation, that takewiths are not issued for select properties with major messes, while they are issued for minor infractions, often right next door, and that bills are not written up and liens filed for every event? Finally, the investigator apparently got his hands on a copy of the April 20, 2011, fire notice that on its face would have yielded a $240,000 lien. I found a copy of the fire notice posted on the boarding that covered the front entrance to the building. The notice was applied after the building was abandoned. The fire notice was removed after I contacted Capt. Mark Causey of the Miami Beach Police Department about the nuisance there, and wondered what was going on with the fire notice. He said he would take a look at the building. The fire notice disappeared at about that time. Sonya Flores Machen, P.E. Fire Marshall, Fire Department Fire Prevention Division, Miami Beach, was contacted. She provided a copy of the Fire Violation, referred to in the Walters' article. According to the supporting documentation provided by Machen, the violation was administratively closed when it was determined that the building was vacant. There was no fine, nor was there any lien levied. According to the records, the fire violation no longer applied since the building was abandoned and boarded. The investigator concluded that, The investigation confirmed that the Fire Violation referred to in the Walters article was handled appropriately. What? According to the records, the fire violation no longer applied since the building was abandoned and boarded. Then why was it glued onto the boarding, as the photographic evidence and my own experience verifies? What ordinance states that a fire notice is no good if a building is abandoned? What about the mortgagor, Bank of America, which had its notice of abandonment put on the building a few days after I notified Capt. Causey of the situation? Are they not responsible? So here is serious fault of this particular report, a failure to cite the specifics including the law, to explain what happened, and to back that up with the information I had asked for in the first place and am still asking for.

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MIAMI-DADE COUNTY COMMISSION ON ETHICS & PUBLIC TRUST

REPORT OF INVESTIGATION

K#: 12-040 Date Opened: March 9, 2012 Name of Investigator: Manuel W. Diaz Date Closed: April 17, 2012

Allegation:

David Arthur Walters (Walters), a blogger who writes about City of Miami Beach (City) Government, contacted the COE. Walters advised that he complained in early January 2012 to Assistant City Manager Hilda Fernandez (F ernandez) about the condition of an abandoned building in Miami Beach (1020 6th Street) and she did not respond to his complaint.
Applicable Legislation:

Miami Dade County Code of Conduct and Conflict of Interest Ordinance: Sec.2-11.1 (g) Exploitation of official position prohibited. No person included in the terms defined in Subsections (b)(1) through (6) and (b)(13) shall use or attempt to use his or her official position to secure special privileges or exemptions for himself or herself or others except as may be specifically permitted by other ordinances and resolutions previously ordained or adopted or hereafter to be ordained or adopted by the Board of County Commissioners.

Investigation: Walters provided a copy of a news article, News: Appearance of Impropriety, which he wrote and which appeared in www.sunpostweekly.com on February 23, 2012. In the article, Walters identified 1020 6th Street, Miami Beach, as an abandoned building which has fallen into disrepair. He attributes the condition of the location to four reasons: the owner Juan Luis Maldonado, Jr. (Maldonado), the Bank of America (the mortgagor), the Compliance Division Miami Beach (Code Compliance), and the City Manager's Office. Walters further writes that City employees believe that there is corruption at Code Compliance and "that clean ups and liens for violations were allegedly being held back so deals could be made with property owners and developers at the right moment." To substantiate his position "that clean ups and liens for violations were allegedly being held back," Walters cites his research into City recorded documents and his emails to Fernandez which went unanswered. In the article, Walters specifically alleges that he: 1. Asked Fernandez if she was aware of any corruption and she failed to respond to his inquiry. 2. Asked Fernandez concerning the disposition of Notice of Fire Violation issued at the location on April 20, 2011. She failed to respond to his inquiry. 3. Asked Fernandez concerning the disposition of two other liens placed against the location. Again Walters advised that Fernandez did not respond to his inquiry

Interviews: David Arthur Walters, Blogger/Author, News: An Appearance of Impropriety Walters was contacted. He advised that his attention was brought to the location because he lives in the neighborhood and he periodically walks by. Walters advised that he got much of the information concerning the location from speaking to City

employees and individuals who live in the neighborhood. He advised that he conducted on-line research on the fire violation and the Code Compliance liens. Walters also emailed Fernandez and received no response prior to writing his article. (January 6, 2012 email in file.) Walters advised that he had no actual evidence to support his allegation of corruption.

Hilda Fernandez, Assistant City Manger, Miami Beach

Fernandez was contacted via telephone. She was advised as to the content of the complaint by Walters. Fernandez advised that she recognized Walters name as a blogger who writes about the City. She said that he has sent her numerous complaints about buildings in the City that may have Code violations. Fernandez explained that when she receives such complaints she delegates them to the City departments which have jurisdiction. She conceded that she does personally answer each email sent to her. Fernandez did not recall Walters' specific complaints about the location. Fernandez was subsequently interviewed in the City Manager's conference room. She provided copies of emails, resulting from the Walters' inquiry, that she sent to Lynn Bernstein (Bernstein), Community Resource and Outreach Team. (January 6, 2012 email in file.) Fernandez' email to Bernstein was dated after the email from Walters to Fernandez. She advised that it was Bernstein's responsibility to follow up on the complaints by Walters and report to her. A review of Bernstein's emails confirms that the City departments queried responded to Bernstein's inquiries. The responses were in turn relayed to Fernandez by Bernstein via email. (January 6, 2012-January 11, 2012 emails in file.) During the interview, Fernandez again reiterated that she does not regularly return complaint emails.

Robert Santos-Alborna, Code Compliance Division Director, Miami Beach Santos-Alborna was contacted. He confirmed that there was one lien pending on the property and a second Special Master decision with liens running on the property. He advised that the City's Finance Department bore the responsibility for filing liens. He recommended that the COE contact the Finance Department for additional information. Santos-Alborna was asked if Fernandez or any other City staffer had attempted to pressure the outcome of any Code Compliance case involving the location or any case against Maldonado. He replied that they have never received any pressure and that all the cases were handled according to City policy. Manny Marquez, Finance Department, Revenue Manager, Miami Beach Marquez was contacted and provided the following: 1. A copy of a Priority Lien for the location filed by the City on 7/8/11 in the amount of $3806.03. 2. A copy of the City's financial interest in the property, indicating that the City has a Special Master lien pending on the location for $21 ,399.77. As stated on the Lien, the fines will continue to accumulate until the lien is settled. Sonya Flores Machen, P.E. Fire Marshall, Fire Department Fire Prevention Division, Miami Beach Machen was contacted. She provided a copy of the Fire Violation, referred to in the Walters' article. According to the supporting documentation provided by Machen, the violation was administratively closed when it was determined that the building was vacant. There was no fine, nor was there any lien levied. According to the records, the fire violation no longer applied since the building was abandoned and boarded.

Summary of Facts:

1. Walters provided an article that he had written for a Miami Beach on line news paper. 2. In the article, he alleged that he had notified Fernandez of possible corruption within the Code Compliance Division and the Fire Department. 3. Walters was concerned that Fernandez did not return his emails, alleging possible corruption, on her part. 4. Fernandez was contacted, she conceded receiving Walters' emails. She advised that his concerns were relayed to subordinates for review and appropriate action. 5. Fernandez conceded that she did not return Walters' emails. 6. The investigation confirms that Fernandez did relay Walters' concerns to City staffers and requested clarification. 7. The investigation confirmed that the Fire Violation referred to in the Walters article was handled appropriately. 8. The investigation confirmed that the two liens referred to in the Walter's article were properly filed.

Conclusion:

The investigation found no evidence of a violation of the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance or of the Miami Beach Ethics Code. Therefore, the case is closed without further action.

MIAMI MIRROR TRUE REFLECTIONS

INQUIRY TO MIAMI DADE COMMISSION ON ETHICS AND PUBLIC TRUST From: David Arthur Walters miamimirror@gmail.com Date: Wed, Mar 7, 2012 at 4:53 PM Subject: Sunpost article - here is possible public corruption To: "Sibilia, Rhonda (COE)" <rhonda@miamidade.gov>, "Centorino, Joseph (COE)" <centori@miamidade.gov> Dear Miami Dade Ethics Commission Director and Staff: Thank you for your hospitality this morning including fabulous cookies! This is a link to a SunPost published article of mine. http://www.sunpostweekly.com/2012/02/23/news-an-appearance-of-impropriety A top Sanitation official said the top three Compliance officials were contacted in writing about the property in question. He also described the way he believes the corruption regarding invoicing and liens work, and said there were similar properties around the city (Miami Beach). He is not a confidential source. Nor is the person who told me he has email proof that Assistant City Manager Hilda Fernandez is aware of the corruption. I forwarded correspondence on this issue to the SAO and MBPD but have been unable ascertain whether any inquiries are being or have been made. Neither has Ms. Fernandez responded to my question if anyone from law enforcement has asked her about the matter. There is one small error in the article - the MB Special Master's clerk did NOT find other liens I found on MDC Clerk's site, and thought all liens were clear but for the $20,000 Compliance lien - the Fire lien worth more than the FMV of the property has apparently disappeared - Ms. Fernandez has declined to address that issue as of yet. Here is the inquisitor's file: http://www.scribd.com/doc/77351359/Inquisition-Re-City-of-Miami-Beach-Handing-ofDecrepit-Properties As I mentioned at our gathering today, all too often enforcement officials demand evidence of probable cause to support reasonable suspicions, knowing full well that most people who bring information to them do not have the resources to establish probable cause. Furthermore, they do not have the resources to defend against retaliatory suits. Thank you all again for whatever you can do keep the monster down.

SunPost

News: An Appearance of Impropriety

February

23, 2012 | SunPost

By David Arthur Walters davidarthurwalters@gmail.com We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. City of Miami Beach Mission Statement The situation at the decrepit property located at 1020 6th Street in South Beach, a few paces from the new shopping center, had become scandalous, thanks to Juan Luis Maldonado, Jr., the owner of record, Bank of America, the mortgagor, the Compliance Division of the City of Miami Beach, which had literally permitted the property to go to hell, and the City Managers office, which obviously fails to oversee its various departments in several respects. At one time the historic building had been boarded up and the property was protected by a fence, but the fence had been removed and the historic building was surrounded by mountains of trash, junk and garbage. The property had become home to vagrants, derelicts, and, at one time, several crack dealers led by a woman who had previously lived in and worked out of a car in front of the bodega around the corner on Michigan Avenue. (she had been seen on the property sporting a roll of cash shortly before she moved
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SunPost

into a studio at 626 Euclid Avenue, where she ran a casino frequented by undocumented workers) I was approaching the 1020 6th Street property on my way home from Publix when I overheard three men sitting on the steps of the decrepit building, drinking beers and talking about pulling shoppers back along the side of the building to mug them. One of the men, knowing that I had overheard the conversation, got up and accosted me, with his hand in his back pocket as if he had a weapon, but the other men called him off. That was the last straw for me. I called the police. Not only were neighborhood residents outraged by conditions at 1020 6th Street, so were Sanitation Department workers, who complained that this was not the only building in Miami Beach virtually ignored by the Compliance Division while adjacent and nearby properties were cited for minor violations. They said they would gladly clean up the big messes, but to do that they had to have a take-with order, and none were forthcoming on some of the worst cases around town including this one. Email from the Sanitation Department to the top three staff members at Compliance had been to no avail in respect to 1020 6th Street. Speculative rumors of corruption at Compliance were circulating among city employees. To wit, invoices for clean-ups and liens for violations were allegedly being held back so deals could be made with property owners and developers at the right moment. I suspected corruption was at play but was not so sure since previously, I had conducted an investigation of Compliances irregular signage and sidewalk caf ordinance enforcement along Washington Avenue. I concluded that the irregular enforcement might have been due to random rather than selective enforcement. One thing I did learn from that investigation is that Compliance is not very proactive, but if you complain long enough and loud enough to the supervisor, George Castell, if you can get through to him, some enforcement will eventually get done. Sending in photographs of blatant violations will not suffice: a formal complaint must be made. I received an email from a source that claimed to have proof that Assistant City Manager Hilda Fernandez is aware of the alleged corruption, and the source promised to send it along to me, but did not do so after I alerted the Miami Beach Police Department and the State Attorneys office in Miami about my suspicions that some probable cause to proceed might be found if the matter were investigated.

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SunPost

I asked Fernandez if she was aware of any such corruption and if she had discussed the matter with the police department. She did not respond to those questions. Neither did she respond to my query concerning the disposition of an April 20, 2011, 14-day Notice of Fire Violations, issued by the Fire Department and posted on the building, over the signature of David Mogen, Division of Fire Prevention, File F111001974. The notice stated that, if the violations were not remedied in time, a fine of $1,000 per day or $5,000 per day for repeat offenders would be imposed. The record I found on the property indicated that Mr. Maldonado was a repeat offender, at least in respect to the Building Department. Curiously, the Fire Department notice was removed from the building on or about December 30, 2011, shortly after I alerted the City to the situation. I also noted that a previously open door had been re-boarded up. There should also have been a fire lien filed that should exceed the recently listed sales price of $250,000. I was informed that once the amount of a lien exceeds half the FMV, a property may be foreclosed on. I checked with the clerk that handles Special Masters Cases for the Fire Department and Code Compliance. As of January 5, 2012, there were no pending fire violations before the Special Master. But she did find a Code Compliance violation under Special Master case number JC11000294. The violation cited was a closed building case, recorded as a lien against the property. The fine was $100/day beginning May 10, 2011, with a cap of $20,000, reached on November 26, 2011. The clerk also saw the other liens that had been recorded: on May 19, 2009, a lien in the amount of $1,084.38 was filed against the property, Book 26915 Page 1952; on July 8, 2011, a lien in the amount of $3,846.03 was filed on the property for boarding by the Building Department, Book 27749 Page 1580. I found no lien satisfactions filed with the county clerk for those liens, so how could the record be clear except for the Compliance lien of $20,000? As for the fire lien that should have been filed, it would have totaled nearly $240,000 by the end of 2011: what happened? Why was the 14-day notice removed from the door two days after I contacted the city about the property? Why does there now seem to be no record of the file? Has title already passed on the property, so that it is too late to file the lien so the city can recover from the nuisance?

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SunPost

Once again, Fernandez did not respond to my questions regarding the absence of liens and the appearance of impropriety, so I contacted a few Miami Beach Commissioners. They did not respond either. To her credit, Fernandez had the property cleaned up pronto. Several men were sent in with a couple of trucks and a small crane to load heavy items. They did a bang-up job of it. One of them said it was a shame Compliance had neglected the property so long. Notice of Violation and Fine CE 12003540 dated January 12, 2012 was tacked to the door. No one can tell, given past conduct, whether the city will bill the owner and/or the mortgagor for the cleanup and place a lien on the property for the amount due. The mortgagor tacked another notice to the door, besides the one it had put there months ago, saying it considered the place abandoned and therefore intended to maintain it. Yeah, right. The fence has not been replaced. The vagrants, derelicts, bums and drunks are trickling back. Trash is beginning to accumulate. People stop and stare and wonder. What will happen? Will someone be mugged? Will a homeless person be raped or knifed? Will there be another fire, like the ones that occurred around Collins Park? Do city officials let these things go as opportunities for bribery? Or is this downright negligence? Who knows? The city does not respond.

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NOTES:MARCH15,2012,MEETINGOFBLOGGERS,CITIZENJOURNALISTS,ANAUTHOR,ANDTHESTAFF OFTHEMIAMIDADECOMMISSIONONETHICSANDPUBLICTRUST COOKIES Thehomemadecookiesbroughtinbytheadministrativeassistantwereabsolutelyscrumptious. DEFINITIONS IhadnoideawhyIwasinvitedtothismeetingoutoftheblue.Ihardlyevercallmyselfawriter, preferringthetermauthorinstead,orjournalist.Idonotconsidermyselfasasocalledbloggeror citizenjournalistalthoughIdouseoneblogsitetostoresomeofmyworkonvariousthemes,which hardlyanyonereadsbecausetheyaremuchlongerthanblogs.Duringtheselfintroductions,Irefused todescribemyselfasabloggerorcitizenjournalistasthosetermshavederogatoryconnotations, distinguishingpurportedlyunreliable,unethical,uneducated,unsupervised,irresponsibleamateur commentators,fromtheprofessionaljournalistclass.Imentionedthefactthatmainstreamreporters routinelyderogatebloggersandcitizenjournalistsinprivateconversations,andsometimes carelesslyinemail. PatriciaMazzei,abloggerfortheMiamiHerald,waspresent,andonrequestshedefinedablogasa veryshortreport.IsupposedthatherpositionwiththeHeraldaffordsherstatusasalegitimate reporter,usingshortformreportscalledblogs.Still,Ibelievethatthetermisgenerallyinsulting. ImentionedthatIfinditeasiertogetinformationfromsourceswhenItellthem:IamDavidWalters, theherald,notmentioningthatIsometimescallmyselfthatafterIwasidentifiedbyacriticasa heraldofthegods,andthatIalsoliketosaythatIamwiththeSouthBeachHerald.Isupposedwas deceitfulinregardstogettinginformation,butinvestigativejournalistsdoresorttosuchtactics.She laughedandsaidtherewasinfactaDavidWalterswiththeMiamiHerald. PatriciaconfrontedabloggerformakingsuppositionsaboutMiamiHeraldjournalists,e.g.,thatthey donotfollowuponimportantinformationsenttothemonpubliccorruptionbybloggers,without contactingthempersonallybeforehand.Theimplicationwasthatindependentjournalists,bloggers, citizenjournalists,orwhatevertheyarecalled,makethingsup,areunprofessional,unlikeher,etc.Two attendeesvehementlyobjected,sayingtheyhadinfactmadepersonalcontactswithHeraldreporters. AtwhichpointIraisedmyinvestigationoftheMiamiHeraldscoverageoftheAllenStanfordScandal, whichIfoundlackingandlibeloustoaformerbankingdirectorafterexaminingtheverydocumentsthe MiamiHeraldhadinhandwhichtheHeraldrefusedtosharewithmesoIhadtomakepublicrecords requests.IsaidIhadwrittenupseveralreportsofmyinvestigation,andsubmittedthemtoMiami Heraldreporters,MiamiHeraldexecutiveeditors,andofficialsattheSocietyofProfessionalJournalists, yettheSocietypresentedthereporterswithitsprestigiousrewardnevertheless.InotedthatIdidnot Page1of6

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receiveasinglereply.Neitherdidthepersondefamedgetanapology.Noretractionsweremade. ThereforeIconcludedthatonemustnotsupposethatMiamiHeraldreporterswiththeirprofessional ethics,education,supervision,etc.areanymorereliablethanthebloggerstheywouldgenerallydefame althoughafewofthemmaintaintheirownblogsites,asdidoneoftheStanfordScandalreporters, whereinshetootedherhornaboutthegreatjobshedidandtheprizeshegot. ImadeitclearthatIvaluedtheMiamiHeraldforwhatitdid,thatIconsidereditsproductionmoregrist forthemill. (IsentoffanemailtoPatriciaafterthemeeting,copyingtheexecutiveeditorandtheheadoftheir investigativereportingstaff,includinglinkstomyarticlesandinvestigativefile.Iexpecttheusualstone wall,andgotit.) TheCommissionapparentlyhasrespectforbloggers.IwasinformedtheCommissionwasattackedby bloggers,andthatitsformerdirectorresignedasaconsequence,towhichIsaid,What?Whocares whatsomebloggersays?MaybeIshouldtaketimeoffasanauthorandjournalist,anddevotesome timetoblogging. LAWYERSPROFESSIONALISMASSTATUSRACISM Ivoicedmyusualconcernthatlawyersarebecomingmoreandmoreofascourgeonsociety.I mentionedanethicscasewhereitwasdeterminedthatamatterwouldnotbeprosecutedbecausethe unethicalconductwasatraditionandhadbeencondonedbylegalcounsel.TheAdvocateaskedifI wouldnotthinkitwasallrighttodosomethingifanattorneysaiditwaslegal,towhichIrepliedno, notunlessIwerementallyincompetent.IhadallreadymentionedthattheAdvocatehadimpliedinone Instructionthatonedoesnothavetobealawyerorexperttoknowthedifferencebetweenrightand wrong.Note:elaborateontheclassicaldistinction,discussthesophists,Socratesondowntothe SocraticMethodextolledinthelawschools,alsomentionChicagoacademia. PUBLICRECORDS Muchofthemeetingconcernedthedifficultyofgettingpublicrecordsrequestsfulfilledbyvarious agencies,themainblockadebeingexorbitantcosts.ImentionedtherewereAttorneyGeneralOpinions onthesubjectofoverchargesetc.,butnobodypaysthemanymind.AndIpointedoutthatthepresent AttorneyGeneral,Ms.Bondi,madeanameforherselfforadvancingaccesstopublicrecords,yether bossthegovernorisoneoftheworstoffendersaliveandshedoesnothing,doesnotevenobject,tothe bestofmyknowledge. MALICIOUSPROSECUTION&PROSECUTORIALDISCRETION DirectorJoeCentorinowasincensedwhenitwassuggestedthatprosecutorsroutinelythreatentobring falsechargesagainstpeopleinordertogetthemtotestifyagainsttargets.Ithoughtthatnoonebutthe prosecutormayknowhisownintent,andthechargesinmindcouldresultinconvictionsevenifthe personwereinnocent(assomeindeathroware).Iwasthinkingthatthefactofthematteristhat prosecutorshavebeentwistingarmsinthatwaysincetimeimmemorial,andthatextortionlegalizedis Page2of6

MIAMI MIRROR TRUE REFLECTION

thelawprofessionsstockintrade.Moreover,weallknowthatprosecutorsdeclinetoprosecutesome casesforvariousreasons,perhapsbecausetheyareborderline,sowhynotbringsomeborderlinecases wheredoesonedrawtheline.SoIaskedJoe,Whataboutprosecutorialdiscretion?Towhichhe answered,Butthereareethicalparameters.Butmyopinion(whichIdidnotgettoexpressbecause oneattendeewasreadingtheriotactonthesubject,refutingJoeshighhorseethicswithallegedfacts ofabusiveprosecution)wasthatthoseparametersaresovaguelydrawnthattheymightjustify anything,andthebottomline,whenethicalcodesarenotlaw,isthatsomelawyerssaythatIfitis legal,itisethical.Nevertheless,wemustconsiderthatJoesindignationisnaturalfromtheperspective ofthedignityoftheprofessionsurelyhepersonallywouldnotthreatentobringoractuallybring maliciousprosecutionsinordertoextortanythingofvalueoutofanyone. NARROWSCOPE,SMALLPENALTIES IsaidthatitappearedtomethatthescopeoftheCommissiononEthicsisverynarrow,andthatthe penaltiesforviolationweresmall.Indeed,thescopeissonarrowthatIwasreallynotveryinterested, exceptperhapstoexaminetheconductoftheCOEtoseeifitwasworthfundingduringthesehard times.AninvestigatorsaidthattheCommissionreferredmattersoutsideofthescopeofitsdutiesto otheragenciesforprosecution,thatitwasconcernedwithethicsingeneral,andnotonlywiththe specificconcernsithadexpressauthoritytodealwith. ELEVATORTALK Theremarksofseveralcitizenjournalistsandbloggersintheelevatorafterthemeetingwerenot verykindtotheMiamiDadeCountyCommissiononEthicsandPublicTrust.Infine,theydonottrustthe Commissionanditsstafftodealappropriatelywithethicalviolationsandbreachesoftrust.My judgementwassuspendedpendingfurtherinvestigation.Thestaffseemedsincere. DavidArthurWaltersmiamimirror@gmail.com Thu,Mar1,2012at2:54PM To:"Centorino,Joseph(COE)"<CENTORI@miamidade.gov> Thankyou,Mr.Centorino. Yes,Iagreewiththespiritofyourinterpretation.IcouldnameoneprominentMiamiHeraldreporter whofindsfrequentoccasiontodisparage"bloggers"and"citizenjournalists,"butIwouldonlydothatif hewerepresent,andthenprobablynot,asIhavehadoccasiontoidentifywithhisopinionattimes. Asyouknow,courtsandlegislaturesalloverthenationhaveattimesfoundcausetotakeupthe definitionof"press"andits"qualifications"whencontemplatingacontradictionofanabsolutelyfree pressinordertoimpedeaccesstoinformation.Theword"Press"intheConstitutionmostoften referredtoonepersonpamphleteerswhosereportswereoftenscandalousnottosayfalse.

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IthinkonelawyerwouldbeenoughontheCommission.NowthemothercountryofEnglishLawhas finallyseparatedordisintegratedthedisciplinaryfromrepresentationalaspectoftheunifiedbarand placedthedisciplineinthehandsoflaypersonsadvisedbylegalcounsel. HereislinkontheManateeCountyCourtClerk'ssitetooneofmyarticlesthatyoumayfindofinterest: TheJudicialSwampofImpracticalObscurity Sunday,February05,2012AninterestingeditorialfromtheMiamiMirrorregardingonlineaccessto publiccourtrecords. http://www.manateeclerk.com/GeneralInfo/News/tabid/103/type/archive/Default.aspx TheJudicialSwampofImpracticalObscurity http://www.scribd.com/doc/80131188/TheJudicialSwampofImpracticalObscurity Idolookforwardtomeetingyou,soIwilldomybesttoattend. DavidArthurWalters Centorino,Joseph(COE)CENTORI@miamidade.gov Thu,Mar1,2012at1:29PM To:DavidArthurWaltersmiamimirror@gmail.com Cc:"Sibilia,Rhonda(COE)"<RHONDA@miamidade.gov> Mr.Walters: First,thankyouforacceptingourinvitationtomeetwithus.Ilookforwardtomeetingwithyouin person. Ihaveaskedourstaffattorney,VictoriaFrigo,tocheckintotheproblemwiththelinkyoudescribed.She shouldbeabletoresolveitoratleastmakesureyougetwhatyouarelookingfor. AsforourusageofthetermcitizenjournalistIcantellyouthatIhaveneverconsidereditapejorative term.Infact,Ithinkofcitizenjournalistsasthelifebloodofademocracy,andabulwarkagainst encroachmentonfreedomofthepress.However,if,asyousay,itissometimesusedasaderogatory term,thenperhapsweneedtoreconsiderthatusage.However,Ithinkitaccuratelydescribeswhat mostbloggersare,whatthefutureofjournalismwilllooklike,and,onadeeperlevel,itmakesmethink ofpeoplelikeThomasPaine.AndIcertainlydonotuseitinanywaytodenigratenoncitizens.Ijust haveahighregardfortheconceptofcitizenshipandtheresponsibilitiesthatthetermimplies. AsforthemakeupoftheCommission,thatispartlyamatteroftheCountyCharterprovisionsthat requirethatoneofitsmembersaretiredjudge,thatanotherbeaformerprosecutor,andthattwo othermembersbeappointedbyalocallawschoolandbytheLeagueofCities,whichlikelyhasa disproportionoflawyersamongthoseitconsiders.WhileIhavenoobjectiontononlawyersserving,I havefoundthatalegalbackgroundisusefulinconsideringissuesrelatedtoordinanceviolations,legal Page4of6

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opinionsthattheCommissionapproves,evidentiaryandotherrulingsthatneedtobemadeinthe courseofthequasijudicialhearingsitconducts,etc. Iwouldcertainlybehappytodiscusstheseissuesfurther,eitheronthetelephone(3053500613)orin personwhenwemeet. JosephCentorino,ExecutiveDirectorandGeneralCounsel MiamiDadeCommissiononEthicsandPublicTrust DavidArthurWalters<miamimirror@gmail.com> Thu,Mar1,2012at11:21AM To:centori@miamidade.gov Cc:RHONDA@miamidade.gov DearMr.Centorino: IampreparingfortheinformalmeetingwithEthicsCommissionstaffersasperyourinvitationbelow, andIhaveacoupleofquestionsforyou. 1)Idonotunderstandwhyyouareusingthelabel"citizenjournalist,"asitisgenerallyusedina derogatorysensetostereotypeunprofessionalanduneducatedwriterswhoarenotemployedbyand thereforenotsubjecttotheselfcensorshipoftheestablishedpressiemajormedia.Forexample,some MiamiHeraldjournalistsderogate"citizenjournalists"inprivateconversations.Further,thelabelmay implythatjournalistspresentlyemployedbytheNewYorkTimes,TheMiamiHerald,etcarenot citizens. 2)Itappearstome(andcorrectmeifIamwrong)thattheEthicsCommissionisstackedwithjurists, whichmightconveyanimpressionofimpropriety;towit,aprobablebiasinfavoroforadeferenceto lawyers,whoare,asyouknow,regulatedbytheFloridaSupremeCourt'sFloridaBar,whichisitself oftencriticizedforabusingtheinherentpoweroftheFloridaSupremeCourtbyfavoringitsmembers, especiallythemostinfluentialones,tothedetrimentofthepublicinterest.Ifmyunderstandingofits compositioniscorrect,woulditnotbebettertohaveonlyonelawyerontheEthicsCommissionto relieveitofthesuspicionofunethicalconduct?Inoticedinyourfilestheclassicalrhetoricdrawinga differencebetweenethicsandlaw,statingthatnonlawyersknowthedifferencebetweenrightand wrongwithoutthehelpofsophisticatedcounsel,andthatiswhattheEthicsCommissionisallabout,so whynotdisposeofthelawprofessorsandlawyers,andhavelaypersonsdominatetheCommission? 3)Onatechnicalnote:Iamhavingsomedifficultypullinga2011Opinionfile(1124Gonzalez)clicking onthehypertextdoesnotreturnthefile(seebelow). Thankyouinadvanceforyourattentiontothiscommunication. DavidArthurWalters Page5of6

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From:Sibilia,Rhonda(COE)RHONDA@miamidade.gov Date:Fri,Feb24,2012at12:10PM Subject:Invitationtomeet To:ThefollowingisonbehalfofJoeCentorino: Asthepracticeofjournalismevolvesinthedigitalera,sodoestherelationshipbetweenpublic institutionsandthosewhoreportonthem.Thatincludesthecitizenjournalistswhoarehelpingtofill thegapofdiminishingcoveragebymainstreammediaofmanyofthemunicipalitiesandauthoritiesthat fallunderouragencysjurisdiction. Inanefforttofosteramorepositiverapportandgainabetterunderstandingofeachothersmissions andgoals,IamhostingagettogetherintheofficeoftheMiamiDadeCommissiononEthicsandPublic Trustat9:30a.m.,Wednesday,March7,2012.Ihopeyoucanjoinusforanhourorsotoenjoysome coffeeandaninformaldiscussion. WearelocatedinSuite820oftheBiscayneBuilding,19W.FlaglerSt.inDowntownMiami.Mass transitistheeasiestwaytogethere. PleaseconfirmyourattendancetoRhondaVictorSibiliaat3053500631orRhonda@MiamiDade.gov.I lookforwardtomeetingwithyou. Sincerely, JosephM.Centorino ExecutiveDirector MiamiDadeCommissiononEthics&PublicTrust RhondaVictorSibilia,CommunityOutreachCoordinator MiamiDadeCommissiononEthics&PublicTrust 19WestFlagler,Suite820 Miami,Florida33130 3053500631 rhonda@miamidade.gov DeliveringExcellenceEveryDay MiamiDadeCountyisapublicentitysubjecttoChapter119oftheFloridaStatutesconcerningpublic records.Emailmessagesarecoveredundersuchlawsandthussubjecttodisclosure.

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FILE BELOW TRANSMITTED TO COMMISSION ON ETHICS

January 21, 2012 David Arthur Walters to Hilda Fernandez Hilda Fernandez Assistant City Manager CITY OF MIAMI BEACH Re: Inquisition 1020 6th Street Ms. Fernandez: There have been a few developments since my last email to you dated January 17, to which I have had no response. The BAC (mortgage servicer) Notice of Abandonment and Intent to Maintain I mentioned before was removed shortly after I mentioned it to city officials, but a new notice, similar in content, was posted on the door of the property, entitled Vacancy Posting Notice, giving BAC phone number 866-515-9759, and this time mentioning Bank of America, phone number 866-781-0029. I recall that BAC was involved in the foreclosure scandal, withdrew from Florida, and was purchased by Bank of America. And another Compliance notice was posted a few days ago, when Sanitation finally cleaned up the property, having finally received a work order or take-with for the jobgiven the past behavior of Compliance and the Master etc, I would doubt whether a lien would ever be filed for that massive job if it were not for this private investigation. Most curious, however, is Compliance Notice CE12001020, posted yesterday, although it is dated October 14, 2011, for overgrown yard, trash, removed fence, et cetera, with an estimate of $1,200. I pass by that building almost every day; to the best of my knowledge and belief, there has been no clean up of the property since then, perhaps not since July, despite the outrage expressed by the community including the Sanitation Department, which just recently attended to the matter. I wonder if this Notice has been backdated subsequent to your taking up my complaint, although that would be impossible if there are registered-number controls. Ms. Fernandez, with all due respect to the City Manager for the good deeds he has done, which he has declined to disclose to me as per my recent inquiry, this deplorable situation, which certainly is the very appearance of impropriety, is another instance of his lack of overview and inadequate supervision of city agencies.

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You must be well aware of my previous communications, some months ago, in respect to the Compliance Divisions either selective or random enforcement of the codes. Not only private parties by public employees are outraged by such. In fact, your colleague Lynn Bernstein is personally aware of the particulars of my investigation, which ensued from her discourteous dismissal of my contradictions to misstatements that were being made by officials at the socalled Las Olas Caf Conference some time ago, and her refusal to accept a set of recommendations I had drawn up for the City Manager in hopes that he might submit some or all of them to the City Commission if he deemed them meritorious: He does not do that! And then she shushed me for pointing out an ongoing violation of the law across the street. That meeting appeared to be a self-congratulatory, back-slapping affair, proceeding with a declaration of how many years the parties attending had been working together. My high hopes in the current city government were dashed then and there. Therefore, while standing by patiently for the results of your investigation and that of others, I shall take up this matter and others with the commissioners who have suspended judgment on whether or not Jorge Gonzalez should be retained as City Manager pending a full airing of the issue, even though his retention is a foregone conclusion; I am informed that Commissioner Exposito and Mayor Bower have already publicly declared in favor of retention in advance of a full inquiry into the merits and demerits. Sincerely, David Arthur Walters

INVESTIGATIVE FILE

January 17, 2012 David Arthur Walters to Hilda Fernandez Re: Inquisition 1020 6th Street Dear. Ms. Fernandez: I am making an interim summary of my investigation into the handling of the 1020 6th Street property, which may be representative of certain other properties. You may be aware of interdepartmental complaints about the disgraceful handling of this property, which I think was passed back and forth at least once between Mr. Maldonado and the Plotnik Family. I am glad that you had the superficial aspects (mountains of trash and junk) removed [ed. this week], because residents and public employees were outraged at the conditions there - while others nearby were warned and fined for minor violations. However, I have not heard back from you as
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to the status of the old 14-day Notice of Fire Violations which was removed from the property after I noted it in December, for which a lien should have been placed for at least $200,000 imo and probably more since the records show the owner to be a repeat offender, nor have I heard from you about the status cleaning bill, for which a lien was filed but was not reported on the Master's list according to the Master's clerk, or any other cleaning bills. As you know, I feel the Compliance lien, which you say totals the max of $20,000, is insufficient. You are also aware of my concern that title might pass, either between friendly parties or to a bank on foreclosure, without recompense for nuisance to the community. Now there is a rumor of a scheme whereby Fire and Compliance bills and fines do not get on the Master list and are held back as bargaining chips whereby title may be allowed to pass with recovery of funds that should be due the city for bills and fines. Naturally there are rumors of corruption when irregularities are noticed, although gross negligence and random enforcement may be the cause of the appearances of impropriety, as I have concluded at length in a previous investigation of Compliance. I understand that you may be aware of the rumors circulating, and may have some useful information that I can include in my interim report to the public. I will appreciate receiving that information from you. I would also like to know if you have discussed the possibilities for this sort of corruption with detectives. Very truly yours, David Arthur Walters

January 10, 2012 From Hilda Fernandez to David Arthur Walters Re: Inquisition 1020 6th Street Mr. Walters: Don't know all the specifics on the public records request but, you are correct, we typically will not charge for a handful of copies that are easy to produce. I have been receiving responses on the property and will share with you once I have answers to pending questions. Hilda M. Fernandez Assistant City Manager

January 10, 2012

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David Arthur Walters to Hilda Fernandez Cc: Jose Smith, City Attorney Re: Inquisition 1020 6th Street Thank you Ms. Fernandez: I am aware of the public record provisions. I jumped the gun a bit here because of attempts by a state agency to charge me $50 an hour for a $10 per hour clerical service, contrary to AG opinion on the subject, in order to stymie production; and also by the behavior of the Governor's office in respect to certain requests. Most information I ask for is cursory and a few photocopies have been provided by MB in the past without charge, as some other agencies allow themselves to do up to a certain number of copies etc - e.g. the Florida Bar. In regards to my inquiry re drug screening and background checks, I had considered that issue under the bridge with the decision of the commission in respect to the surface issue, and with an understanding that the contract would be up for bid and the general manager would be retiring anyway. The only reason it came up again was because Jose asked for information regarding my allegation that he had not responded to a request. He apologized to me for any neglect on his part, and, in respect to the drug and background records, if he had said that he felt an investigation by the city into the matter was unwarranted and had given a good reason why, I would have accepted his decision. Ironically, I was surprised that Jose had decided to release the records, because my own lay reading on the legal history led me to conclude that the drug screening records themselves were not to be made public. Indeed, I was hoping to get a copy of his opinion on the subject so that I could be enlightened. As for the 1020 6th Street property, thank you for looking into that issue. It appears to me that the City has some responsibility to remedy the dangerous and unsightly situation, and that the City, knowing well of the hazards there, and having been further noticed of the dangers, would have a potential liability to anyone injured - e.g. mugged, injured by fire, etc. Of course you are aware of the CANDO fires and the allegations of city negligence, and I hope you didn't mind my depiction of you in my article on the subject as the Boss' heavy weight lifter. The most curious aspect on 1020 6th Street is that the 14-day fire violation notice was suddenly removed at the end of the year after I brought the situation to the attention of the MBPD, and that it was not on the Masters list. In my humble opinion, the owner, whether it be Mr. Maldonado or the bank, should have been assessed the fire fine not the compliance fine, and, as you see, there is a boarding lien--and there should be more boarding and a re-fencing - as you can see by my photographs, Compliance stood by after the hedge and fencing was removed and the blight is so

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atrocious that half the city knows about it now that the Publix is in nearby. The property was since occupied by homeless, and, if my witness is reliable, a known drug dealer. As always, I know you are up to par on this kind stuff, so maybe you can get something done. Best Regards, David Arthur Walters

Jan 10, 2012 Hilda Fernandez to David Arthur Walters Re: Inquisition 1020 6th Street Mr. Walters: I wanted to touch base with you on a couple of emails you have recently sent. With regards to your email Inquisition Into Alleged City Neglect of 1020 6th Street Property, please know that I have asked appropriate staff to look into this issue and will provide you with information once it is all compiled. With regards to your public records request, I hope that Raul Aguila has clarified any misunderstanding in terms of the records you wish to inspect. I hope you dont mind my providing you with a link to a site that provides FAQs on the Florida in the Sunshine Law, which includes information on the ability to charge certain fees when/if copies are provided. I frequently ask staff to refer to this site whenever they have any questions, to ensure that they are appropriately responding to public records requests. Here is the link: http://www.myflsunshine.com/sun.nsf/pages/FAQs Thanks, Hilda M. Fernandez Assistant City Manager

January 9, 2012 David Arthur Walters to Liza Martinez & Robert Parcher Re: Inquisition 1020 6th Street Liza, Thank you very much for your excellent service in respect to your responsibility. I have on previous occasions asked city departments or divisions for information or assistance with matters
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with no success whatsoever; and the city manager, city attorney, and city mayor are the most uncooperative at all. That is why I made my request with Mr. Parcher, in hopes that the Office of the City Clerk could obtain the information. Therefore I am referring the matter back to him. Bob, can you obtain any of the information for me, especially on the disappearing 14-Day Fire Violation Notice as previously requested?

January 9, 2012 From Liza Martinez to David Arthur Walters Re: Inquisition 1020 6th Street Good morning Mr. Walters, In response to your attachments, the Special Master Office does not initiate any type of enforcement proceedings. Violations are written by the following departments: Building, Code Compliance, and Fire. If the owner files to comply by the date given by the Inspector, the case is forwarded to the Special Master for prosecution. I cant answer any of your questions about cases that are not before the Special Master. I will have to refer you to the previously mention departments for you to inquire as to why cases have not been filed with this office, or for what the other recorded liens are fore. The Special Master is limited in what they can do. Please keep in mind that this is a quasijudicial process. They can give the owner time to comply with a fine in the event of noncompliance. The owner does have an opportunity to request additional time to comply, which may or may not be given, depending on how much progress has been made. The fine ultimately will be recorded in the Public Records as a lien. The lien remains in place until the fines are either settled or foreclosed on. To answer your question regarding mitigation, that means that once there is compliance with the violation, the owner has the opportunity to request that the fine be mitigated by a special master. The owner must demonstrate what measures were taken to comply and whatever barriers were met while in the process of trying to come into compliance. The Special Master can deny the request, mitigate the fine to a lesser amount, or vacate the fines entirely, if there is sufficient evidence to prove that the owner did everything within their power to achieve compliance and were met with obstacles beyond their control. Even though a request for mitigation can be filed at anytime, it will not be heard until there is full compliance. Regards,

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Lisa R. Martinez Clerk of the Special Master CITY CLERK'S OFFICE

January 6, 2012 David Arthur Walters to Liza Martinez Re: Inquisition 1020 6th Street

BEFORE CITY NEGLECT

Contact Superlative Talent Scouts at Miami Mirror for your real estate photography

AFTER CITY NEGLECT

January 6, 2012

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Lisa R. Martinez, Clerk of the Special Master CITY CLERK'S OFFICE 1700 Convention Center Drive Miami Beach, FL 33139 Subject: 1020 6th Street Dear Ms. Martinez: Thank you for responding to my request for information regarding the abandoned building at 1020 6th Street, owned for some years by either the Plotkin family or Juan Luis Maldonado Jr., the latter serving as registered agent at that address for Plotkin family limited liability company Cansac Group LLC., which was involuntarily dissolved in 2006. In September 2008, I believe a $61,000 judgment was had against Mr. Maldonado, Cansac and others (07-44869 CA02 11th Circuit Court) in respect to the property. The parties are active in real estate and are probably be well known to some city officials. As I mentioned previously, I have information that seemingly either varies from or is additional to the information you have provided in your statement that there are no fire violations pending, and that building case JC1000294 has been closed with a lien of $100 per day capped at $20,000 on November 26, 2011, Book 27810 Page 1770 therefore nothing further can be done by the Master other than to mitigate once there is full compliance. Therefore I am conveying this additional information to you for research and/or forwarding to the responsible parties for response to my information request, which was made to Mr. Parcher because I have had a great deal of difficulty in the past getting information directly from other city officials. Mr. Parcher has failed only once to provide information, and that was due to the City Attorney Jose Smiths refusal to provide records of drug tests if any of contractors and employees at the Flamingo Park Tennis Center. First of all, I generally note that, to the best of my information and knowledge, the property in question has been in continuous violation of fire and building codes since early 2011 at least and at this writing still is in violation, which has been and still is a nuisance and threat to the community. The unsightly blight is one thing; the use of the property, not only by the homeless but for drug dealing and hiding from law enforcement, has and does endanger the public. For example, I myself recently interrupted a plan by three gangbangers from the mainland to mug shoppers at the Publix situated a few feet awaythe plan being to drag a potential victim behind alongside the building behind the mountain of junk and garbage dumped there. I was first made aware of the presence of criminals there by a witness who said that a crack dealer, to whom my own landlord had rented a room for a casino operation, had been living and operating out of that location, had been seen with large rolls of cash, had been seen being arrested, and had been bragging that she was paying off copsa claim that is highly doubtful in my opinion even though a police officer subsequently stated there is no record of any arrests, because I and my
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neighbors found her to be a pathological liar. Indeed, the property is notorious to everyone who lives in the neighborhood, and it was the blatant nature of the conditions there that led me to suspect gross negligence or malfeasance on the part of city officials, and prompted me to contact the Miami Beach Police Department before Christmas for assistance in getting the property secured before I write an expose on the property. 1. Please advise what you mean by mitigation of the lien; does that mean that the Master can reduce the amount due? 2. Several months ago, I spoke to a Compliance officer who was removing trash from the front of the property. He said that the property owner was being charged for periodic clean ups. Why are there no liens for the cleanups? I believe the last clean up was in July 2011. 3. On May 19, 2009, a lien in the amount of $1,084.38 was filed against the property, Book 26915 Page 1952. I see no satisfaction filed; what is the disposition of that lien? 4. On July 8, 2011, a lien in the amount of $3,846.03 was filed on the property for boarding by the Building Department, Book 27749 Page 1580. I see no satisfaction filed, and the City Clerks office has reporting that the record is clean in respect to Building; what is the disposition of that lien? Incidentally, the boarding was insufficient inasmuch as the board could be pulled back from the door on the second floor. 5. On July 18, 2011, File CE10005482/JC11000294, a Compliance officer made an affidavit stating that a city contractor cut and cleaned the lot, that the Building Department did issue a violation to board the property, and he noted the presence of homeless people, and, I believe, the need for regular security checksI walk by there every day, and apparently that was not done; in fact, since then an enormous amount of trash, junk, and garbage has accumulated in front, alongside, and in back of the building. Please provide me with a copy of the affidavit itself and any documents that indicate further inspections, cleaning, et cetera, by Compliance. 6. On April 20, 2011, a 14-day Notice of Fire Violations was issued by the Fire Department and posted on the building, over the signature of David Mogen, Division of Fire Prevention, File F111001974. The Notice stated that, if the violations were not remedied in time, a fine of $1,000 per day or $5,000 per day for repeat offenders would be imposed. The record on the property thus far indicates that we are dealing with a repeat offender, at least in respect to Building. The Notice of Fire Violations was removed from the building on or about December 30, 2011, at which time I noted that the upstairs boarding had been refastened to the door. I am awaiting photographic information that may identify the person who removed the Notice. It would appear to me that there should be a Fire lien by this time that would exceed the recently listed sales price offered of $250,000. I understand that once the amount exceeds half the FMV, a property may be foreclosed on. What is the maximum amount allowable for a Fire lien? Where is the lien? Why was someone sent over to remove the Notice shortly after I made my complaint to MBPD?
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7. On January 5, 2012, an unsigned, standard-form Notice of Determination of Vacancy and Abandonment, and Intention to Maintain, was placed on the front door of the building, indentify the mortgage service provider as BACBAC, however, to the best of my information and knowledge, was involved in the foreclosure scandal, no longer does business in Florida, has withdrawn from Florida, but was recently merged with Bank of America. The phone number given on the form for BAC Field Services is 866-515-9759. The form does not appear to be a regular bank form, but is a blank form faxed from a Pensacola number on September 9, 2011. My concern here is whether or not the property is in foreclosure, which could result in a conveyance that would preclude any liens that may have failed to have been made. So the question here is, what information as the responsible city official obtained as to the status of the property? 8. Property records reveal that Mr. Maldonado owns several properties, and that he has been involved in real estate for some time. I believe that he and/or the Plotniks must be well known to city officials. Who has contacted Mr. Maldonado about the property and the liens, and when, and what is the disposition? I shall stand by until next week Friday for any responses to my question, in hopes that the information provided will show that the City of Miami Beach has lived up to its mottoWe are committed to providing excellent public service and safety to all who live, work and play in o0ur vibrant, tropical, historical communityin respect to this blighted nuisance property, before I finalize my article and submit it or publication. By the way, thank you again for your prompt handling, and please do have a Happy New Year! Sincerely, David Arthur Walters Journalist 305-742-8462

Cc. Robert Parcher

January 5, 2012 Lisa Martinez to David Arthur Walters Re: Inquisition 1020 6th Street Good afternoon Mr. Walters,

MIAMI MIRROR-TRUE REFLECTIONS

I apologize for the delayed response, but I have been in Special Master hearings all day today and this is my first opportunity to review emails. I am the Clerk that handles Special Master Cases for the Fire Department and Code Compliance. As of today, there are no pending fire violations before the Special Master. There is a Code Violation under Special Master case number JC11000294. The violation cited is "closed building case." This case is recorded as a lien against the property. The fine is $100/day beginning May 10, 2011, with a cap of $20,000. This case reached the cap on November 26, 2011. This is the maximum fine for this case. No further action on this case can be taken by the Special Master, other than to mitigate once there is full compliance. Further information can be obtained from the Code Compliance Division. The Supervisor is George Castell and he can be reached at 305-673-7000, ext. 6776. I have copied him on this email for future reference. Please let me know if I can be of further assistance. Regards, Lisa MIAMIBEACH Lisa R. Martinez, Clerk of the Special Master CITY CLERK'S OFFICE We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. City of Miami Beach Mission Statement

January 4, 2012 From Robert Parcher to David Arthur Walters Re: Inquisition 1020 6th Street No; just Building Department cases. Still checking on Code and Fire

January 4, 2012 To David Arthur Walters from Robert Parcher

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Re: Inquisition 1020 6th Street Thanks Bob. Does that mean there is nothing on record regarding Code Division of Building Dept nor anything at Fire either?

January 4, 2012 From Cynthia Neves to Robert Parcher Bob, All clear with Building, nothing at this time. Thanks, Cindy

January 4, 2012 From Robert Parcher to David Arthur Walters Re: Inquisition 1020 6th Street Mr. Walters, hope you had a wonderful New Year and may the remainder of 2012 be Healthy and Prosperous! Lisa, please see Mr. Walters request below and provide whatever information is in the Special Master files regarding the property for both Fire and Code. Cindy, are there any building case for the requested property? Thanks Bob

January 4, 2012 From David Arthur Walters to Robert Parcher Re: Inquisition 1020 6th Street HAPPY NEW YEAR!
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On April 20, 2011 a 14-Day Notice of Fire Violations was addressed to Juan L. Maldonado Jr. regarding the blighted and abandoned building at 1020 6th Street. The Notice was removed from the front of the building itself last week. and a board was refastened to the door that allowed vagrants inside. I see no lien for the violations recorded with the MDC Clerk's office, although violations at $1,000 day should be in the area of $200,000 by now. It is with that in mind that I am requesting a history of activities up to date in respect to that Notice, which I believe bears Division of Fire Prevention #F111001974. In addition, I need any records of visits and fines generated on that property by Compliance Code Enforcement since July 18, 2011, when an officer inspected the property. It was subsequently boarded up and a lien was filed for about $4,000. I saw a Compliance officer cleaning up but see no lien for that. According to information since then, Compliance has not maintained the property, which has been a trash, garbage and junk depository since, inhabited by vagrants including drug users and dealers. I believe the above information may help Fire and Compliance to lay their hands on the records that will show them providing excellent service as in the City's Mission Statement. Thank you! David Arthur Walters

January 4, 2012 From David Arthur Walters to Mark Causey Re: Inquisition 1020 6th Street Someone came over and refastened the upstairs door, and removed the Notice from the Fire Department from the downstairs front door. I am waiting for the photographic evidence. January 4, 2012 From Mark Causey to David Arthur Walters You are correct. It is "Not well kept at all." Thanks!

January 4, 2012 David Arthur Walters to Mark Causey (MBPD)

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Re: Inquisition 1020 6th Street Capt. Causey, Excuse me for turning you onto this seemingly petty affair i.e. the neglected 1020 6th St. building. The history here is that the light-skinned black Cuban woman who [REDACTED] was holed up in that blighted building with several men before my landlord rented her a room to operate a casino where she charged $20 entrance fee and sold beer (the dog sniffed nothing else thereinb ut her friend later insulted the dog saying it was his "best friend" that daySgt Weiss came back with the dog, but then nothingthe officers who came by and saw the operation with 20 illegals inside gambling refused to write up a report due to lack of probable cause - the woman said it was just a party with friends.) That the Plotkins would sell the building 6th St building to Maldonado and he would use it at his personal and company address, pay thousands of dollars in real estate taxes on several building around town yet let this one run into the ground, and the City allows it to go on and on and on, seems suspicious - maybe stupidity, negligence, or maybe even corruption - I hope not. What did you think of that building? It should have around $200,000 fines on it by now, but I see no liens.

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10206thstreetDec.2011PhotobyMichaelTrainer A stain was left where the Fire Notice had been removed from the boarded door a few days before, shortlyafterMBPDCapt.CauseywasnotifiedofthenuisanceandtheFireNotice.Hesaidhewouldvisit thesite.

MIAMI MIRROR TRUE REFLECTIONS

10206thstreetDec.2011PhotobyMichaelTrainer Eastsideofthebuilding,entrancetothebackoccupiedbyhomelesspersons,andfilledwithfurniture, trashandgarbage.PredatorsoverheardhereplanningtodragashopperfromPublixintothebackand mughimorher.

MIAMI MIRROR TRUE REFLECTIONS

10206thstreetDec.2011PhotobyMichaelTrainer Junk,trash,andgarbagehadaccumulatedinfrontofthebuildingforseveralmonths.Itwasfarworse thanitappearsherebecausemorewidespread.Amassivecleanupwasrequiredinvolvingateamof men,adumptruck,andacrane.

10206thstreetDec.2011PhotobyMichaelTrainer Theupstairsdoorontherightcouldbepulledbacktoenterthepremises.