From: George Gretsas ggretsas@cityofhomestead.com
Date: April 26, 2012 8:07:30 PM EDT
To: Steven Bateman SBateman@cityofhomestead.com,
Jon Burgess JBurgess@cityofhomestead.com,
Judy Waldman jwaldman@cityofhomestead.com,
Stephen Shelley SShelley@cityofhomestead.com,
Patricia Fairclough PFairclough@cityofhomestead.com,
Jimmie Williams JWilliams@cityofhomestead.com,
Elvis Maldonado EMaldonado@cityofhomestead.com
Cc: Richard Jay Weiss RWeiss@wsh-law.com,
Dennis Maytan dmaytan@cityofhomestead.com,
Allyson Love ALove@cityofhomestead.com,
David Hebert DHebert@cityofhomestead.com,
Al Rolle arolle@homesteadpolice.com,
Joe Corradino JCorradino@cityofhomestead.com,
Tom Lampert tlampert@cityofhomestead.com,
Subject: LaLey Sports Interim Report
Yesterday, the City received an email from a Homestead citizen alleging mistreatment of baseball players under the age of 18 at the LaLey Sports Complex.
Upon review, staff found that baseball players, some under 18 years of age, were being housed in the locker room in violation of Miami-Dade County Fire regulations, City of Homestead Zoning Laws, City of Homestead Building Codes and the lease between the City of Homestead and LaLey Sports. In addition, numerous Fire Code violations were reported in the facility by the Miami-Dade Fire Rescue Department.
City staff was provided with the following information:
• On November 30, 2011, LaLey Sports entered into an agreement with Gigante Baseball Group, a corporation incorporated under the laws of Ontario, Canada for a period of 5 years with a mutual option for an additional 3 years for the purpose of training and boarding a group of up to 30 Venezuelan based baseball players, with players ranging in age from 14-19 years old.
• The players were being housed in the locker room facilities of the stadium, with temporary beds set up for each player. Lockers were being used to store player clothing and other personal items.
• On November 30, 2011, LaLey Sports entered into an agreement with Gigante Baseball Group, a corporation incorporated under the laws of Ontario, Canada for a period of 5 years with a mutual option for an additional 3 years for the purpose of training and boarding a group of up to 30 Venezuelan based baseball players, with players ranging in age from 14-19 years old.
• The players were being housed in the locker room facilities of the stadium, with temporary beds set up for each player. Lockers were being used to store player clothing and other personal items.
Zoning Code Issues
• The Development Services Department has examined whether it is permissible for the baseball stadium to be used as a residential facility. It is the opinion of staff that residential use of the baseball stadium is not permitted. Thestadium was reviewed and approved as a baseball stadium with a locker room, not as a residential facility. The residential component of the site was constructed as a separate dormitory facility, which was converted into a charter school.
• The Code (sec 15-211) states that no room but a habitable room shall be used for living, sleeping or eating of meals. Habitable rooms are defined as rooms in a residential unit, therefore living in the baseball stadium would not be allowed.
• Under current conditions, the City does not consider the baseball stadium as a habitable space. Additionally there is no habitable component of the facility. The dormitories that were the residential component have been converted into the school.
• The current La Ley lease with the City for the +- 138 acre parcel Homestead Sports Complex property specifically excludes two parcels. 1) the dormitory school parcel. 2) the high school parcel. This means that La Ley is not leasing the residential component of the facility. They are only leasing the sports component of the facility.
• The Development Services Department has examined whether it is permissible for the baseball stadium to be used as a residential facility. It is the opinion of staff that residential use of the baseball stadium is not permitted. Thestadium was reviewed and approved as a baseball stadium with a locker room, not as a residential facility. The residential component of the site was constructed as a separate dormitory facility, which was converted into a charter school.
• The Code (sec 15-211) states that no room but a habitable room shall be used for living, sleeping or eating of meals. Habitable rooms are defined as rooms in a residential unit, therefore living in the baseball stadium would not be allowed.
• Under current conditions, the City does not consider the baseball stadium as a habitable space. Additionally there is no habitable component of the facility. The dormitories that were the residential component have been converted into the school.
• The current La Ley lease with the City for the +- 138 acre parcel Homestead Sports Complex property specifically excludes two parcels. 1) the dormitory school parcel. 2) the high school parcel. This means that La Ley is not leasing the residential component of the facility. They are only leasing the sports component of the facility.
Building Code Issues
• For a building to be acceptable for residential occupancy, it would need to adhere to the building code as an R2 (residential occupancy) classification, which would limit the number of people allowed to sleep in a facility to 16. Morethan 16 people have been sleeping and living in the stadium. Use as a transient residential facility would only be allowed for 30 or less days. The stadium has been occupied for nearly 45 days. Any habitable component for this building would require a change of use application for lodging as a hotel or dormitory. This would be reviewed by the City’s Building Department.
Fire Issues
• The Miami-Dade Fire Rescue Department reported the following administrative issue and 7 violations: (I have attached their inspection report for your information)
1) NFPA 1 13.3.3.4.1.5* Changes in Occupancy, Use, Process, or Materials. The property owner or occupant shall not make changes in the occupancy, the use or process, or the materials used or stored in the building without evaluation of the fire protection systems for their capability to protect the new occupancy, use, or materials. [25:4.1.5] N/A This is administrative, not a violation.
2) NFPA 1 13.3.3.4.1.1* Responsibility for Inspection, Testing, and Maintenance. The property owner or occupant shall provide ready accessibility to components of water-based fire protection systems that require inspection, testing, or maintenance. [25:4.1.1]
3) NFPA 1 13.3.3.2 A sprinkler systeminstalled in accordance with this Code shall be inspected, tested and maintained in accordance with NFPA 25.
4) Code of Miami-Dade County (4) Runner Service and Service Contracts. All fire alarm systems shall be required to have in effect at all times a service contract with a licensed fire alarm service contractor, a listed fire alarm service-local company or a listed central station to provide all maintenance, service and testing as required by this Code.
5) NFPA 1 13.3.3.3 Ceiling Tiles and Ceiling Assemblies. Where automatic sprinklers are installed, ceilings necessary for the proper actuation of the fire protection device in accordance with NFPA 13 shall be maintained.
6) NFPA 1 13.7.3.2.3.1 A complete record of the tests and operations of each system shall be kept until the next test and for 1 year thereafter. [72:4.5.3.1]
7) NFPA 101 7.9.2.6* Existing battery-operated emergency lights shall use only reliable types of rechargeable batteries provided with suitable facilities for maintaining them in properly charged condition. Batteries used in such lights or units shall be approved for their intended use and shall comply with NFPA 70, National Electrical Code.
8) NFPA 101 7.10.5.1* General. Every sign required by 7.10.1.2, 7.10.1.5, or 7.10.8.1, other than where operations orprocesses require low lighting levels, shall be suitably illuminated by a reliable light source. Externally and internally illuminated signs shall belegible in both the normal and emergency lighting mode.
• Back in January 3, 2012, LaLey Sports was cited by The Miami-Dade Fire Rescue Department for the following:
1) Failure to Maintain Fire Alarm.
2) Failure to Provide Inspection For Sprinkler System.
3) Failure to Provide Current UL Certificate.
They were given until February 3, 2012 to comply.
Lease Issues
• In a Letter Agreement between Gigante Baseball Group (GBG) and LaLey Sports Complex, LaLey Sports agreed to “at no cost to (GBG), provide room and board accommodations at the Facility for the Team not to exceed 30players”. Residential uses are not permitted under the lease between the City of Homestead and LaLey Sports.
• The agreement between Gigante Baseball Group and LaLey Sports Complex is a 5 year agreement with a 3 year mutual option The terms of the lease between the City of Homestead and La Ley Sports prohibits LaLey Sports from assigning, mortgaging, subleasing, or otherwise encumbering the Property without the prior written consent of the City, except for “short-term license(s) and/or user agreement(s) of portions of the Property, and Sponsorship Agreements (including fields naming rights agreements) for a Permitted Use…”.
• For a building to be acceptable for residential occupancy, it would need to adhere to the building code as an R2 (residential occupancy) classification, which would limit the number of people allowed to sleep in a facility to 16. Morethan 16 people have been sleeping and living in the stadium. Use as a transient residential facility would only be allowed for 30 or less days. The stadium has been occupied for nearly 45 days. Any habitable component for this building would require a change of use application for lodging as a hotel or dormitory. This would be reviewed by the City’s Building Department.
Fire Issues
• The Miami-Dade Fire Rescue Department reported the following administrative issue and 7 violations: (I have attached their inspection report for your information)
1) NFPA 1 13.3.3.4.1.5* Changes in Occupancy, Use, Process, or Materials. The property owner or occupant shall not make changes in the occupancy, the use or process, or the materials used or stored in the building without evaluation of the fire protection systems for their capability to protect the new occupancy, use, or materials. [25:4.1.5] N/A This is administrative, not a violation.
2) NFPA 1 13.3.3.4.1.1* Responsibility for Inspection, Testing, and Maintenance. The property owner or occupant shall provide ready accessibility to components of water-based fire protection systems that require inspection, testing, or maintenance. [25:4.1.1]
3) NFPA 1 13.3.3.2 A sprinkler systeminstalled in accordance with this Code shall be inspected, tested and maintained in accordance with NFPA 25.
4) Code of Miami-Dade County (4) Runner Service and Service Contracts. All fire alarm systems shall be required to have in effect at all times a service contract with a licensed fire alarm service contractor, a listed fire alarm service-local company or a listed central station to provide all maintenance, service and testing as required by this Code.
5) NFPA 1 13.3.3.3 Ceiling Tiles and Ceiling Assemblies. Where automatic sprinklers are installed, ceilings necessary for the proper actuation of the fire protection device in accordance with NFPA 13 shall be maintained.
6) NFPA 1 13.7.3.2.3.1 A complete record of the tests and operations of each system shall be kept until the next test and for 1 year thereafter. [72:4.5.3.1]
7) NFPA 101 7.9.2.6* Existing battery-operated emergency lights shall use only reliable types of rechargeable batteries provided with suitable facilities for maintaining them in properly charged condition. Batteries used in such lights or units shall be approved for their intended use and shall comply with NFPA 70, National Electrical Code.
8) NFPA 101 7.10.5.1* General. Every sign required by 7.10.1.2, 7.10.1.5, or 7.10.8.1, other than where operations orprocesses require low lighting levels, shall be suitably illuminated by a reliable light source. Externally and internally illuminated signs shall belegible in both the normal and emergency lighting mode.
• Back in January 3, 2012, LaLey Sports was cited by The Miami-Dade Fire Rescue Department for the following:
1) Failure to Maintain Fire Alarm.
2) Failure to Provide Inspection For Sprinkler System.
3) Failure to Provide Current UL Certificate.
They were given until February 3, 2012 to comply.
Lease Issues
• In a Letter Agreement between Gigante Baseball Group (GBG) and LaLey Sports Complex, LaLey Sports agreed to “at no cost to (GBG), provide room and board accommodations at the Facility for the Team not to exceed 30players”. Residential uses are not permitted under the lease between the City of Homestead and LaLey Sports.
• The agreement between Gigante Baseball Group and LaLey Sports Complex is a 5 year agreement with a 3 year mutual option The terms of the lease between the City of Homestead and La Ley Sports prohibits LaLey Sports from assigning, mortgaging, subleasing, or otherwise encumbering the Property without the prior written consent of the City, except for “short-term license(s) and/or user agreement(s) of portions of the Property, and Sponsorship Agreements (including fields naming rights agreements) for a Permitted Use…”.
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