MIAMI-DADE COUNTY, FLORIDA---Posted 9-12-05. The Miami-Dade Board of Rules and Appeals is a board entrusted with overseeing the uniform enforcement of the Building Code and maintaining the proper standard of construction throughout Miami-Dade County. The Board shall have exclusive jurisdiction in both the incorporated and unincorporated areas of Miami-Dade County with respect to its powers, duties and functions.

 

This  19 member Board has a position for "one representative of the disabled community." This inclusion into the ordinance was in February of 1993. Prior to that time, since 1975, a member from the people with disabilities community was on the Board per appointments by Harvey Ruvin who felt that a voice from the disabled community must be present on this Board.

 

In the County Attorney memo, explaining the revised ordinance, signed by Robert Ginsburg, County Attorney was the following language: "New positions are created for an electrical engineer,  a representative of the disabled community, representative of homeowner associations, and roofing contractor."

 

Ironically, as the ordinance was amended, and the position made formal, it was "stolen" a month later.

 

Again, a County Attorney memo was written by Hugo Benitez, Assistant County Attorney, to County Commissioner Collins stating: "In response to your inquiry, please be advised that the position in the Board of Rules and Appeals reserved for a representative of the disabled community need not be occupied by a disabled individual. The position must, however, be occupied by someone qualified by education, training or expertise in dealing with the affairs of disabled individuals." Hugo Benitez continues to be employed with Miami-Dade County and is currently assigned to the Board of Rules and Appeals.

 

Hugo Benitez, in March 26, 1993, also faxed this opinion To Tom Utterback, an insulation contractor at 305-882-8112. (Phone: 305-882-0404) A copy of this fax, opinion and following letter can be obtained at the Clerk of the Board's Office on the 17th floor of the Stephen Clark Building. (Government Center)

 

To help seal the deal, (steal)  the Chairperson of the Commission for the Advancement of the Physically Handicapped, Frances M. Bohnsack, authored the following March 24, 1993,  letter to Commissioner Collins stating:

 

"Dear Commissioner Collins:

 

The Commission for the Advancement of the Physically Handicapped (CAPH) has been informed that there is a position open on the Board of Rules for an individual who will be an advocate of barrier free design. It would be ideal to have a person in that position who has a personal need for barrier free design, a strong knowledge of the laws and standards involved in barrier free design, an extensive knowledge of the construction industry, and the respect of other members of the board.

 

There were several people whom CAPH felt met all of the criteria, but none of them had the necessary time available.

 

I have spoken recently with Tom Utterback, an insulation contractor who previously served on the Board of Rules and Appeals. He has said that he would like to serve in that position. He has assured me that he has always been supportive of barrier free design, and that he would be willing to work closely with CAPH both to learn more about the various codes and standards, and to learn more about the issues.

 

I believe that Mr.Utterback is sincere in his commitment to barrier free design. If appointed he would be the senior member of the Board of Rules and Appeals, and would be in a strong position to exert positive influence on accessibility issues.

 

I have discussed this matter with other members of CAPH's executive board. They concur with my opinion that Tom Utterback's appointment to the accessibility position on the Board of Rules and Appeals would help to promote and maintain barrier free construction in this community.

 

Sincerely

 

Frances M. Bohnsack"

 

Tom Utterback, was then appointed to the position "one representative of the disabled community" by the County Commission.

 

Fran Bonshack, also a person without a disability, Hugo Benitez, Mary Collins, the County Commission and Tom Utterback essentially stole this position from the people with disabilities community in 1993. Four years later, they reappointed Mr. Utterback. And every four years after that until present. This is the way things are often done in Miami-Dade County. The appointing powers always like to find people without disabilities to hold key positions in people with disability programs. County Managers, County Attorneys Ginsburg and Greenburg, and Commissioners do not blink an eye when formally evading the Americans With Disabilities Act at Metro Commission. They all wink at ADA requirements in the Stephen Clark Building where they have their offices. Counters that are too high abound on every floor. Even the ones that they make accessible are not the best solution. And staff misuses them daily by piling items on these low spaces rather than the higher sections of the counters. The Office of ADA Coordinator has a Director, a person without a disability in that, routinely conspires to evade the Americans with Disabilities Act and programs that affect people with disabilities in Miami-Dade Government such as Bus Shelters, Tennis Facility and wheelchair positions on new bus purchases. The Affirmative Action Ordinance also includes people with disabilities in text, but exclude them in practice, which is evident in the Annual Affirmative Action reports, which constitute a bound book.

 

The newest twist is that the person occupying the position of the one representative of the disabled community on the Board of Rules and Appeals has recently been asked to resign. Twelve years is enough abuse of this position. And the appointing County Commissioner should be ashamed of herself. Hugo Benitez, who helped out with the theft of this position may be reached at 305-375-5151.

 

Prepared by Denny R. Wood

305-253-2563

 

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