The Miami Herald from Miami, Florida • 26

2B THE MIAMI HERALD WEDNESDAY JUNE 13 1990 iey hotel OKd despite erosion concerns 'We have no legitimate grounds for overturning it So what do we do? What we are supposed to do Gerald Lewis State comptroller ByTIMNICKENS Hefa Capra' Bureau TALLAHASSEE In 30 ears state officials calculate that a proposed addition to the Sonesta Beach Hotel on Key Biscavne would be just four feet from shore and that its balconies would hang oer the edge The Florida Cabinet oted 4-1 Tuesday to grant VMS Realty a construction permit for the project anyway The proposed site is now about 70 feet from the water Cabinet members said they were reluctant to do it but had no choice Several members took pains to make it clear they are against encouraging development so close to the water line along the beaches But they said before the vote that they had to follow the recommendation of a state hearing officer and grant the permit have no legitimate grounds for overturning Comptroller Gerald Lewis said of the hearing recommendation what do we do? What we are supposed to The issue came before the Cabinet because it has the final sav on such coastal development permits But Cabinet members voting to grant the permit said the development complied with state regulations They said if they refused to grant it their decision would be thrown out in court Added Insurance Commissioner Tom Gallagher: think any of us is comfortable up here with where we are but we are where we are" Gallagher Lewis Gov Bob Martinez and Attorney General Bob Butterworth voted to grant the permit Education Commissioner Betty Castor cast the only negative vote Secretary of State Jnn Smith and Agriculture Commissioner Doyle Conner were absent representing the Key Biscayne Council citizens group urged the Cabinet not to issue the construction permit She noted that the beach was just renourished in 1987 and she pointed to a Dade County coastal construction code approved in April 1989 that is stricter than the state statutes But Cabinet aides said the Cabinet could not take into consideration the stronger Dade construction code because it was adopted after the project first applied for the state permit William Williams a Tallahassee attorney representing VMS told the Cabinet members that they should grant the permit because the project would sit behind the 30-year beach erosion line He said the addition would be built in a parking lot that now extends 40 feet further toward the water than the addition will He also complained that the more restrictive Dade ordinance is aimed solely at stopping the project of VMS Realty of Key Biscavne has been approaching financial protection from the federal courts since it announced in February that it was suspending all payments including payments of principal interest due to That included the Key Biscavne project Last September a state hearing officer found that the hotel project would be seaward of the 30-year beach erosion control line the point where the water is expected to be That would be automatic grounds for the Cabinet to deny the permit But the Cabinet ordered the hearing officer in January to review his findings and a month later he reversed his conclusion The hearing officer found upon reviewing his calculations that the foundation would be about four feet from the edge in 30 years and he recommended that the Cabinet grant the permit Thomasina Williams a Miami lawyer The fight over the 124-room hotel addition which has been strongly opposed by the Key Biscavne Council citizens group is far from over Before the project could be built Cabinet members said the developer still will have to receive approval from Dade County officials Some said they expect to see the project's fate resolved in court VMS Realty Corp the Chicago-based real estate giant that is the parent company Sisterhood joins Dade Gdansk By RICHARD WALLACE Herald Staff Writer Tuesday was a good day in Dade for Gdansk Gdansk mother city of Solidarity reform movement became a sister city to Metro-Dade special relation between Gdansk and Dade County springs from the fact that Gdansk is a center indeed the center of the modern world's struggle against tyranny and our community shares the same view of liberty as the people of that Polish Metro Commissioner Joe Gersten said in ceremonies at Government Center in downtown Miami Working with Gil Gotfried a businessman with extensive contacts in Poland Gersten got the move started to establish a relationship between the areas The members of a visiting Polish delegation and representatives of county government emphasized that the new status of sister cities was intended to be far more than ceremonial is not just all facade This is for real for economic educational and cultural exchanges between the two said Metro Mayor Steve Clark The continuing social and governmental upheaval in Eastern Europe has created economic opportunities and economic need said Jerzy Jedykiewicz governor of Gdansk year was the beginning of a new system not only in Poland but in all of Jedykiewicz said believe there will be the energy and courage in Poland to follow the democratic Julian Skelnik director of economic foundation and an advocate for labor force said that the seven-person delegation from Gdansk plus several other Polish dignitaries who joined the group from New BILL FRAKES Miami Herald Staff WELCOME TO MIAMI: Metro Commissioner Joe Gersten points out the skyline to Miss Poland Joanna Michalska on Tuesday At left is Gov Jerzy Jedykiewicz of Gdansk next to Michalska is Jerzy Gwza director of national theater Asti Italy Cayman Islands Gdansk Poland Kingston Jamaica Sao Paulo Brazil Santo Domingo Dominican Republic San Jose Costa Rica Taipei County Taiwan IN BRIEF DADE 2 Live Crew leader has record 2 Live Crew leader Luther Campbell has a rap sheet in Dade listing four arrests on charges ranging from aggravated assault to carrying a concealed weapon but was never convicted of a serious crime Last week a federal judge in Fort Lauderdale found the album As Nasty As They Wanna Be to be obscene Campbell and band member Chris Wong won were arrested on misdemeanor obscenity charges Sunday morning after performing in Hollywood A third Mark Ross planned to surrender to police today Tuesday in San Antonio Texas police warned record stores to stop selling the album or face possible obscenity charges no prior restraint just asking for voluntary said Lt Jerry Pittman commander of the vice squad In 1985 Campbell paid a fine for carrying a concealed weapon in one case and was convicted of disorderly conduct at a dance at Miami-Dade Junior College in North Dade Campbell said Tuesday he had been arrested several years ago for reckless display of a firearm and another charge that he remember In 1987 he was charged with three counts of aggravated assault and one of using a firearm in the commission of a felony Though witnesses said Campbell fired an AR-15 at three men outside a teen disco no action was taken records show In 1985 North Miami Beach police arrested Campbell after they stopped his car outside a mall and saw a ski mask wrapped around a 9mm semiautomatic in his lap He was charged with loitering and carrying a concealed firearm No action was taken on the loitering charge and adjudication was withheld on the weapon charge Campbell has no record in Broward County police said Schools chief leaves hospital Dade Schools Superintendent Paul Bell returned home to Miami Tuesday afternoon one week after he underwent triple-bypass surgery for the second time in 13 years Bell who was released from the Cleveland Clinic on Monday said he felt and will spend the next few weeks resting and beginning to exercise "It was much easier and much faster than anyone expected in terms of Bell said Bell suffered a mild heart attack May 15 Doctors determined that they needed to redo the triple bypass he had done in 1977 Bell said he expects to be back on the job the first week in July Rep Reaves in good condition State Rep Jefferson Reaves D-Miami remained hospitalized uesday after having suffered a stroke May 2 1 during the final weeks of the legislative session in Tallahassee Reaves who was moved Thursday from Tallahassee Community Hospital to Jackson Memorial Hospital was listed in good condition Inversion and wind make skies brown Weather forecasters say the brown haze that covered South Florida skies Tuesday was the result of two factors: An inversion a layer of warm air above a cooler level of air that keeps pollutants from rising and dissipating into the atmosphere Westerly winds that kept car pollution and other contaminants from blowing inland as they usually do when South Florida has its traditional easterly sea breeze MIAMI BEACH Gutman responds to motel violations Rep A1 Gutman R-Miami was called to the Miami Beach Code Enforcement Board on Tuesday to explain violations at an abandoned 71st Street motel he bought last year A city inspector said that much of the trash and debris that brought the Sir Herbert motel to the attention has been cleared away recently After Gutman produced a building permit and promised work would begin immediately the Code Enforcement Board gave him until Sept 11 to correct most of the violations But inspector Judy Sherry warned that more serious problems have cropped up that be left until the fall pool is green slime now and three doors are open in the building Sherry said When he was asked to clean up these problems or return before the board in July Gutman balked the board wishes I will comply Gutman said kind of busy and my coming back here every month he said Several board members pointed out that if the work is done by July there should be no need for the legislator to return County records show Gutman bought the Sir Herbert 1950 71st St for $388181 under the corporate name 1930 and 1950 Inc represents a potential bargain for investors Polish worker makes $90 a he said Gdansk like Dade actually comprises much more than any one city It is a county of three cities Gydinia Sopot and Gdansk The county already is a sister city to Asti Italy Sao Paulo Brazil Santo Domingo Dominican Republic San Jose Costa Rica Taipei County Taiwan Kingston Jamaica and the Cayman Islands Thus Gdansk becomes first sister city in Eastern Europe and Dade represents first relationship with an American municipal government A goal of that alliance will be to bring Lech Walesa to Dade County to take part in the third annual celebration of its sister cities program this York would spend much of the time before the visit ends on Saturday working to develop commercial contacts The country has greater ethnic and religious stability than neighboring countries and is amenable to working with western capitalists to increase level of industrial efficiency Skelnik said Additionally work force fees would finance county parks By JACQUEE PETCHEL Herald Staff Writer Builders may have to pay an additional $800 to $1800 for every home they construct as part of a Dade County plan to provide new parks The fees could raise as much as $10 million a year to pay for everything from new park land purchases to neighborhood park improvements in unincorporated Dade idea is for builders to pay for the need for new park facilities that new development is said Assistant County Manager Tony Clemente who will ask the Metro Commission on Tuesday to impose the fees Under the proposal the fees would be phased in over a three-year period In the first year builders would only have to pay one-third of the proposed fees in the second year two-thirds They would not get hit with the full fee until the third year and the county would not raise the approximate $10 million until then The fees vary around the county depending on property costs Some of those fees are likely to be passed on to the home buyers Builders may get a break on their fees if they donate land for public parks or build private facilities within their developments The provision to offer up to a 50 percent discount for builders who provide private parks is likely to be divisive among commissioners At meeting of the Culture and Recreation Committee Commissioner Charles Dusseau said he plans to oppose the 50 percent credit because it could end up "gutting our effort to fund sufficient park Commissioner Harvey Ruvin said he also is leaning against the credit but reserve my final until the meeting he said Committee Chairman Barbara Carey strongly supports the credit as does the Builders Association of South Florida understand your concerns but I think the 50 percent credit is still fair and she said going to have to be a public-private The park impact fee plan to be presented Tuesday has been in the works for about six months A similar proposal was given to the Metro Commission in December but that plan was tabled after builders and developers objected strongly to it because it was too expensive fees averaged between $2000 and $2500 and because it offer any credits Douglas backs Chiles cites need to save Glades By TOM FIEDLER Herald Political Editor Democratic gubernatorial candidate Lawton Chiles basking in the endorsement of environmentalist Marjory Stoneman Douglas said Tuesday he would make cleaning up the water that flows into the Everglades a top priority with the sugar industry paying a of the cost The former US senator and running-mate Buddy MacKay met early Tuesday with Douglas the 100-year-old founder of the Friends of the Everglades and author of the classic book The Everglades: River of Grass at her cottage in Coconut Grove Douglas has been a vociferous critic of the sugar industry which funnels polluted irrigation water from the sugar cane fields south of Lake Okeechobee into the Everglades That water is blamed for threatening the fragile ecology Asked about incumbent Republican Gov Bob Martinez who earlier this year aired campaign commercials touting his record as the Douglas replied: "We can do better than Chiles like his Democratic opponent Bill Nelson has pledged to protect the Everglades by ensuring that the water flowing into the area be enough to enable the Everglades to Watering restrictions may end start to change those Adams said he might agree to allowing car and boat washing during the day But he said he support a wholesale cancellation of restrictions Board member James Nall of Fort Lauderdale said not sure if the public will abide by voluntary restrictions aware The awareness surveys show they are Nall said have they changed their water consumption habits? I don't think Heavy rainstorms in the past few weeks have brought ground-water levels up to above normal higher than they have been in a couple of years Overton said "This would be the district issuing a challenge in effect to South WATER FROM IB watering and car washing were relegated to only certain days of the week: 4 am to 8 am on Tuesday Thursday and Sunday for even-numbered addresses and the same hours Monday Wednesday and Saturday for odd-numbered addresses Decorative water fountains were ordered turned off temporarily and business owners were forbidden from hosing down the sidewalks in front of their shops and restaurants The restrictions were backed with $500 fines for repeat offenders think important that we not go back to business as said board member Ken Adams of West Palm Beach been over-watering lawns for years We need to Child support upheld in Judge takes himself off fire-code case calls comment improper Florida Overton said they follow voluntary water Overton said current agricultural-use restrictions will remain in place Water officials said for the most part South Florida residents have complied with the mandatory restrictions Consumption in some areas was down as much as 20 percent But even those figures and recent rains will not sway board member Mike Stout of Windermere to lift the restrictions and he predicted the board will not lift them going to be totally against Stout declared totally too soon for a 20-month drought just because been two weeks of Mason case dale next month Sheeba is featured in matinees To save money Ginger is playing herself In upholding $2000 monthly support award retroactive to birth on Dec 15 1985 appeal judges Thomas Barkdull James Jorgenson and Mario Goderich said they agreed with contention that could not pay for the needs while the father Reiter said she operates a singing telegram service to support herself and her daughter In ordering the dissolution of Judge gag orders and the unsealing of the court files appeal judges Joseph Nesbitt Natalie Baskin and Gerald Cope said Gale had abused his discretion by keeping the gag order in place after the trial was over useful purpose was the appeal court said because most of the facts had already been leaked to the public new one-man stage act in Los Angeles is getting rave reviews could not be reached The bitterly fought three-year-old paternity case featured refusal to submit to blood tests to determine if he was father until he was ordered to do so by a judge Both Mason and Reiter violated the gag order imposed by Dade Circuit Judge John Gale Mason talked to The New York Post She talked to The Miami Herald But only Reiter went to jail for ignoring the order She served five days Even the play Oh Jackie Oh! produced by Reiter about her breakup with Mason became the subject of a Florida Supreme Court ruling The show depicts him walking out on mother and child to enjoy his new-found success alone Mason tried to stop the production Last year the highest court decided the show could go on It is scheduled to reopen in Hallan- MASON FROM IB birth Mason appealed In a separate ruling uesday the Third District Court of Appeal also ordered the case file unsealed and lifted a gag order that had been violated anyway by both sides feel thrilled because now I can send Sheeba to a religious Reiter said when told of the rulings have collection agencies hounding me Because of the longevity of the paternity suit I had to wait to pay The only setback came when the appeal court ordered a reduction in fees for Brian Hersh lawyer from $93750 to $62500 Dade Circuit Judge Bernard Jaffe will have to rehear his fee petition earned every penny of Reiter said was not fighting attorneys He was fighting the Fort Lauderdale attorney Gerald Mager who represents Mason refused comment Mason whose By ELAINE MATSUSHITA Herald Staff Writer The judge hearing the case against Royal Trust Tower the Little Havana office building cited by the city of Miami for fire code violations removed himself from the year-old case Tuesday County Judge Morton Perry said he was recusing himself because he had made a comment at a previous hearing that might have led the defense to believe he favored the prosecution The state office has charged the owners of Royal Trust Tower Jack and Caroline Weiss with nine fire code violations including the absence of an approved fire-alarm system The judge said he decided to withdraw from the case after reviewing transcripts from a hearing in April in which he made comments regarding the strength of the case The comment followed discussions of a plea agreement in which the defendants would agree to bring the fire alarm system to city specifications The judge said that for the defense to consider that plea agreement was tantamount to recognizing that the owners had violated city fire codes Said the judge: state is in almost absolute Tuesday Perry said he should never have made the comment defendant has the right not to have the judge make a statement like Royal Trust Tower 701 SW 27th Ave is up for sale The state Legislature wants to buy the building for $15 million if the fire code violations are corrected at no cost to the state The new judge on the case Arthur Maginnis will set a trial date Thursday rr'in1 "i i.