Posts tagged with "Miami-Dade County"

illustration by Samantha Miduri for use by 360 Magazine

Surfside Collapse Updates

As rescue efforts continue and further investigation is made into the Surfside building collapse, the death toll rises to 32 and 113 remain unaccounted for. 

The remaining structure for the Champlain Towers South building was demolished on Sunday night. Living residents were not permitted to enter the premises to retrieve their property in advance, as Florida Governor Ron DeSantis remarked, “Obviously it wasn’t worth the risk, we cannot lose any more people.” The sister building, Champlain Towers North, was also evacuated out of an abundance of caution, as well as other nearby complexes with safety concerns like Crestview Towers.

Hurricane Elsa threatened further damage and destruction, which was ameliorated by the demolition. Surfside Mayor Charles Burkett said, “The looming threat of that building – the dangerous situation where debris could fall down – is now eliminated.” Rescue efforts can now continue in full force, while search and rescue teams strive to retrieve all survivors and remains from the site. However, now 11 days after the initial collapse, anguished families are losing hope that they will ever be reunited with their loved ones.

Victims range from ages 4 to 92. Amongst the victims are at least four children, including the 7-year old daughter of a Miami firefighter, Stella Cattarossi. 113 residents still remain unaccounted for, with at least 70 of those missing confirmed to be in the building at the time of the collapse.

Investigation into the cause of the collapse reveals a complicated history of building safety failures and major structural damage, which also reflects onto the larger, flawed system of building safety recertification. 

Regulation dictates that nearly every building in the Miami Dade County area must be examined and recertified after 40 years and every 10 years thereafter the first recertification. The Champlain Towers board had begun this process in 2018 when they brought in engineer Frank Morabito to review the tower. Morabito reported that failed waterproofing caused major structural damage, adding that “failure to replace the waterproofing in the near future will cause the extent of the concrete deterioration to expand exponentially.”

Morabito detailed the major design flaws in original construction, specifically focusing on the waterproofing below the pool deck and around the garage – two of the primary locations of damage in the initial collapse. “Abundant cracking and spalling of varying degrees was observed in the concrete columns, beams, and walls,” he wrote, attaching images of “new cracks radiating from the originally repaired cracks,” as a result of failed attempts to patch the concrete quickly.  He warned the board that repairs would be extremely expensive and cause “a major disturbance to residents.” 

Morabito’s report also identified additional problem areas and complaints from residents. The New York Times reported that “residents were complaining of water coming through their windows and balcony doors, and the concrete on many balconies also was deteriorating.”

The board forwarded this report to city officials, but Mayor Daniella Levine Cava of Miami-Dade County said officials there knew nothing of this report, thus confirming suspicions that building regulation enforcement is too lax or enforced unevenly across the board. In response, Mayor Cava announced a 30-day audit of all buildings over 40 years old.

Resident Jay Miller recalled that almost everyone in the building knew of the 2018 report, but the concern wasn’t so much the structural damage as the cost of repairs. The exorbitant price of the repairs, estimated around $9 million in 2019, caused infighting and tension amongst the Champlain Towers board members, and ultimately led the majority of the board to resign by fall of 2019. 

Efforts to comply with recertification and address building damage continued in 2020 when residents were informed about upcoming repairs. They were told about design flaws in water drainage and structural damage, but not given an accurate understanding of the extensiveness of the damage or warned that collapse was a potential risk. Different language has been used over the years by a variety of people to describe the damage, possibly contributing to different understandings of the severity of deterioration or urgency of repairs. 

Morabito’s services were employed again when Morabito Consultants was brought on board in June 2020 to plan and prepare for extensive repairs, but the coronavirus pandemic slowed progress in rectifying building damage. Water issues in the roof were also found at this time, though it is unknown how or if the roof’s condition contributed to the collapse.

A report by researchers at Florida International University detailing where land in Miami was sinking only served to complicate matters more as it indicated that the land on which the Champlain Towers were built is a hot spot for sinkage. Researcher Shimon Wdowinski estimates the building has sunk into the ground at least 2 inches and has been sinking for over two decades. 

A letter by board president Jean Wodnicki from April 9, 2021 revealed that the board did not have enough money to pay the now $15.5 million tab of repairs. However, they are likely now facing even more costs in lawsuits to come.

Morabito Consultants has since released a statement clarifying their involvement with the history of building damages at Champlain Towers: “Our firm exclusively provides engineering consulting services. We do not provide construction-related services, such as building repair and restoration contracting. We are deeply troubled by this building collapse and are working closely with the investigating authorities to understand why the structure failed. As we do so, we also continue to pray for all those impacted by this tragic event.”

Search and rescue efforts will continue as we learn more about the circumstances behind the collapse. City of Miami Fire Rescue Capt. Ignatius Carroll says, “We continue to remain focused on our primary mission, and that is to leave no stone unturned and to find as many people as we can and to help bring either some answers to family and loved ones or to bring some closure to them.”

Written by Sydney Mayer

Samantha Miduri illustration for 360 MAGAZINE

Building Collapse in South Florida

At least eleven people are dead after a building collapse in Surfside, FL. Rescue operations continue.

A condominium partially collapsed in South Florida on June 24, at 1:20 AM. At least half of the 135 units in the 13-story building have collapsed, according to the Miami-Dade mayor Danielle Levine Cava. The Champlain Towers South building was originally shaped like an “L,” but the lower half of that shape was completely sheared off, including the building’s pool and garage. 

The Miami-Dade Fire Rescue is leading the rescue efforts along with multiple other agencies. The White House and FEMA are also monitoring the situation and will provide assistance to the local officials if needed. 

A woman who resides on the ninth floor recalled her experience to Local 10, “The whole building shook like an earthquake. I opened my sliding glass and I saw a plume of dust and then I opened the door and I saw that the building had pancaked in the back.”

Another resident commented that he and his wife fled to the garage, only to find that the pipes had burst and it was flooded. 

Rescue teams are recovering victims from the rubble, while all tenants in unaffected apartments are being evacuated. Firefighters continue to sift through the wreckage for victims, which includes using dogs and microphones.

“Debris is falling on them as they do their work. We have structural engineers on site to ensure that they will not be injured, but they are proceeding because they are so motivated and they are taking extraordinary risk on the site every day,” says Miami-Dade Mayor Daniella Levine Cava, describing the “extreme risk” of the firefighters  dangerous duty.

Over 400 workers are involved in the rescue effort, with up to 200 rescuers searching through debris at all times, according to Miami-Dade Fire Rescue Chief Alan Cominsky.

Surfside Mayor Charles W. Burkett cannot think of a reason for this collapse to have happened, other than an unexpected sinkhole or human interference. While he confirmed that roof work was being done on this building, this is a regular occurrence that he doesn’t believe could have caused the collapse. However, former Surfside Vice Mayor Barry Cohen, a resident of the collapsed building, believes that the roof work actually may have compromised the integrity of the building.

Unfortunately, a thunderstorm has paused all rescue efforts for the time being, according to Commissioner Sally Heyman.

On Saturday, June 26, at least 159 people remained missing. On Monday, two more victims were found. As of Tuesday, June 29, the number of missing persons has decreased to 150.

The Champlain Towers South condominium community have continued to mourn the victims of the tragedy in the days following the harrowing accident.

A third lawsuit has now been filed against the Champlain Towers South Condominium Association on behalf of ninth floor resident, Raysa Rodriguez. Rodriguez is seeking unspecified monetary damages and a jury trial. The compliant alleges: ““Despite the obvious duties required by Florida law, and this admitted duty of care by the Association’s Declaration and other governing documents, Defendant, through their own reckless and negligent conduct, caused a catastrophic deadly collapse of Champlain Towers South in Surfside.”

Rodriguez additionally alleged that in 2018, “major structural damages” were outlined in a structural field survey report submitted to the defendant by Morabito Consultants. The compliant is seeking a class action status lawsuit to represent all of the condominium’s victims of the tragic accident.

Rodriguez’ attorney, Adam Schwartzbaum, argued that the building has been aware of these “critical” structural issues for some time, and that warning signs of collapse have been apparent for the last decade. Schwartzbaum says, “Certainly for at least three years, there was a major red flag…sirens flashing, alerting the condo association of this of this danger.” He elaborated in another comment that, “based on our investigation there were many warnings signs more than 10 years ago, maybe even longer. These are not things that were just a few years ago.”

A letter sent from the building’s condo association president reveals that damage to the basement garage of the building had become “significantly worse” since its prior inspection, three years ago. The letter also reveals that the estimated repair costs had risen from $9 million to $15 million, reveals USA Today.

White House press secretary Jen Psaki has said that President Joe Biden thinks an investigation into the Champlain Towers South collapse should be set in motion.

The harrowing search-and-rescue operation is still currently underway, stretching into day six of the rescue effort.

A family reunification center has been set up for anyone looking for unaccounted or missing relatives at a community center at 9301 Collins Ave. Those searching for their loved ones or to report that they have been located are asked to call 305-614-1819. An emergency information hotline has also been created at 305-993-1071.

The Underline by TaraInk for 360 Magazine

Miami’s The Underline

The Underline has officially opened Phase 1 of its planned 10-mile project in the Brickell neighborhood of Miami.

Opening in phases through 2025, The Underline is transforming the land below Miami’s Metrorail into a 10-mile linear park, urban trail, and public art destination. Once completed, The Underline will span an estimated 120 acres from downtown to South Miami and will feature butterfly gardens, dog parks, exercise equipment, basketball courts, mini-soccer pitch, performance areas, bioswales, and temporary and permanent art. To serve visitors of all ages, The Underline will feature numerous health and wellness, cultural, educational, and environmental programs.

The opening for Phase 1, known as Brickell Backyard, marks a milestone for the fastest-moving project of its size in the country––as the project has now secured over $120 million of the total construction cost.

Background

In 2013, Friends of The Underline founder, Meg Daly, broke both of her arms when she was riding her bike with her daughter. Since she could not drive herself to physical therapy, Meg decided to take the Metrorail near her home, and then walk the rest of the way to her destination underneath the train tracks. As she walked each week, she noticed how wide the corridor was, how cool she felt beneath the shade of the tracks, even in July, and that she was the only person using the space.

With the support of the community’s input and world-class design by James Corner Field Operations, a vision developed to transform this unused land into a public park and gathering space. And so, The Underline was born.

Friends of The Underline’s mission is to create a safer, healthier, more connected, mobile, and engaged community by creating open-access public space that will:

  • Physically connect communities through a mobility corridor that integrates public transit, car, bicycle, and pedestrian traffic
  • Improve pedestrian and bicyclist safety
  • Encourage healthy lifestyles by providing access to public exercise facilities
  • Provide a 10-mile canvas for artistic expression
  • Generate a significant economic impact for Miami-Dade County
  • And more

Friends of The Underline Founder Meg Daly says: “I am inspired by our many supporters and believers who are committed to building a better community while improving connectivity and equitable access to parks and green spaces throughout Miami-Dade County.”

Notable funding sources include Miami-Dade County; US DOT, the State of Florida; FDOT; the cities of Miami, Coral Gables, and South Miami; the John S. and James L. Knight Foundation; Swire Properties; Baptist Health South Florida; Florida Power and Light the Miami Foundation; and the Health Foundation of South Florida.

Friends of The Underline and The Underline Conservancy are 501(c)3 non-profit organizations. To make a donation of any amount or learn about corporate and individual sponsorships, click here. For more Underline information, visit their website here.

The Underline by TaraInk for 360 Magazine

Professor Jeffrey Swartz on Manafort Sentencing

LAW SCHOOL PROFESSOR AND LEGAL ANALYST ON PAUL MANAFORT SENTENCING

Western Michigan University Cooley Law School Professor Jeffrey Swartz, a former prosecutor and former Judge in Miami-Dade County, is offering the below statement regarding the sentencing of Paul Manafort.

As a former prosecutor I am incensed at Judge T. S. Ellis III’s hubris at believing he sees the Manafort prosecution for one thing, while ignoring the greater issues of continuing to punish non-violent, but yet serious white-collar behavior so leniently.  Mr. Manfort’s attorneys successfully invoked the constant battle between the two theories of punishment that have been the stalwart of our system of justice for two hundred years, Utilitarianism (the certainty of punishment as a general deterrence to society not to violate the law) and Retributivism (addressing sentencing to the individual defendant based upon their own moral blameworthiness, i.e. their just deserts).

Judge Ellis’ findings give short shrift to the underlying criminality of Manfort’s conduct and business.  The prosecution sentencing memorandum and, although we have not seen it, what appears to be in the Pre-Sentence Investigation and Report seem to outline the long history of Manfort’s criminal behavior, contempt for the laws of the United States, our system of justice even while out on bond, including his attempt to tamper with witnesses, and his disregard for the undermining of our democracy and form of government.

The Sentencing Guidelines were promulgated by Congress to provide a means for judges to standardize the approach toward how to appropriately punish the conduct of defendants based upon objective criteria.  They also contemplate that the court will consider “all relevant conduct”, not just that conduct for which the defendant was convicted. Although they are just “guidelines” they provide for departures both upwards and downwards, giving the court “appropriate discretion” to adjust its ultimate decision, where the findings of the court support the exercise of that discretion.  In that regard they are both Utilitarian (certainty and consistency of punishment) and retributive (assuring an individualistic approach to a particular defendant).

Judge Ellis ignored everything other than his own opinion that there was an ulterior motive for this prosecution.  He more than exercised his discretion. I would argue that he abused that discretion in the grossest way. A guidelines range of 234 to 288 months may have been more severe than most thought appropriate.  However, Ellis reduced that to less than twenty percent of the bottom of those guidelines at forty-seven months less nine months credit for time served.

The penalty Ellis imposed, even in the face of not granting Manafort even the three-point adjustment for acceptance of responsibility, seems to indicate a disdain for white-collar prosecution in general.  A disdain many ex-prosecutors, who have appeared before him, have stated he has exhibited in the past. He also made clear his displeasure at the government’s prosecution of Mr. Manafort, which was exhibited on more that one occasion through specific statements he verbalized and his rulings at trial, by interfering in the government’s introduction of evidence and testimony.

The depth and breadth of Manfort’s criminality, and its effect on our society was set forth in the prosecution’s memorandum, which Ellis chose to ignore.  This was not a “one-off” as Ellis seemed to allude in the pronouncement of his sentence, but a lifetime systematic course of conduct. Manafort is a criminal in every sense of the word, who deserved far more than he received.

The only saving grace is that Manafort must face sentencing before Judge Amy Berman Jackson next week.  Judge Jackson has likewise indicated a disdain for a party in her case. Judge Jackson is the judge who ordered Manafort into custody for his actions while out on bond.  It was before her that Manafort entered into a plea agreement, which mandated his truthful and complete cooperation with the special counsel’s investigation, to which Manafort chose to not cooperate fully, but to actually lie to investigators and grand jurors.  I could argue that in so doing he was attempting to obstruct justice.

I can only hope that Judge Jackson corrects Judge Ellis’ lack of perspective and balance.  It is fair to expect that Jackson will sentence Manafort to an appropriate term of incarceration intended, not only to send a message to all those who would engage in the crimes in which Manafort engaged, but to give Manafort his just desserts.  Whether it amounts to a “life” sentence or not, anything less than 120 to 144 months would be a true miscarriage of justice, in light of the fact that those guilty of far less egregious behavior receive greater sentences than Manafort received from Ellis.