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Home My WebLink AboutSubmittal - PZAB Transcript for File No. 4670 - Ines Marrero PrieguezSubmitted into the public record for item(s) PZ.34 on 09/27/2018 City Clerk 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CITY OF MIAMI - PLANNING, ZONING & APPEALS BOARD COMMISSION CHAMBERS 3500 Pan American Drive, Miami, Florida September 5, 2018 6:30 p.m. EXCERPT ITEM NO: PZAB.7 FILE NO.: 4670 BOARD MEMBERS PRESENT: Charles Garavaglia, Chairman ❑aniel Alexander Milian, vice-chairman Andres Althabe Chris Collins Alex Dominguez Adam J. Gersten Anthony Parrish Manuel vadilla STAFF PRESENT: Jeremy Calleros Gauger, Deputy Planning Director MTAMI-DADS COUNTY COURT REPORTERS, INC. (305) 373-5600 722 Sib m H& / - �, '� sc r I �,• F' e no. r ri ejUeZ Submitted into the public record for item(s) PZ.34 on 09/27/2018 City Clerk 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE CLERK: PZAB.7, File ID 4670, a Resolution of the Miami Planning zoning and Appeals Board recommending approval or denial of an Ordinance of the Miami City Commission to amend ordinance No. 13114, the zoning ordinance of the city of Miami, Florida, to amend Article 1 section 1.1, definitions of building function uses and by amending Article 6 Section 6.1, Table 13 entitled supplemental Regulations to provide for a definition of gambling facilities and to require that gambling uses, including but not limited to pari-mutuel gambling, card rooms and slot machine uses be approved pursuant to an exception with City Commission approval by a 4/5 vote, providing for zoning -in -progress. MR. GAUGER: Good evening, again. so, I'm here primarily to answer questions and just to illustrate the proposed areas for this to apply. so this, basically, is a three part ordinance defining gambling, and it's really deferential to the state regulation, anything that is sort of state regulated under MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) P2.34 on 09/27/2018 City Clerk 2 3 4 5 6 7 8 9 14 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 existing gambling laws would be applied here, and it's an amendment to the Table of Allowed Uses in 0-1 and T-60 areas. And, then, the exception process is outlined a bit. So, just for your edification, there is the existing T-60 and 0-1 areas. 0-1 in purple, T-6 in red there. This is -- those -- that same -- those same districts in relation to T-3. And then here it is with the additional zoning, keeping the red in the purple. so, these are the areas where it would be technically allowed. But, again, just getting -- sort of getting some of our power back from the state, since the state is currently the only regulating agency. So, this is bringing it back to sort of local control. Any questions? All right. CHAIRMAN MR. GARAVAGLIA: We'll open it up to the public and see what we get. Anyone in the public who would like to come forward on this? Name and address. You have two minutes. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) PZ.34 on 09/27/2018 City Clerk 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. MARRERO-PRIEGUES: Yes. Good evening, Mr. Chairman, Members of the Board. My name is Ines Marrero. I'm an attorney with the law firm of Holland and Knight with offices at 701 Brickell Avenue. And I'm here this evening on behalf of west Fl agl e r Associates and the Havenick family. They are the owners of Magic City casino, and they are really the target of this Ordinance because they have a license that has been in the newspapers for a facility on Biscayne Boulevard. And even though there were some articles about this facility about a year ago, when the State issued the license for a Jai -alai facility for the location, the city immediately ran and started drafting this Ordinance that is before you today. There was a proposal before the city commission at their last meeting before the summer recess where they instructed the city management to draft this ordinance. And in that text of that Ordinance there was some language that has carried forward to what is before you this evening that tries to limit our abilities and our vested rights to move MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for items) PZ.34 ❑n 09/27/2018 City Clerk 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 forward with our proposal. 50, what is before you this evening is, first of all, it is flawed because it tries to create a retroactive application for purposes of our rights. If you read the ordinance there is some language as to putting people on notice, and there is a date that you should pay attention to, July 26, 2018. Today is not. July 26, 2018. Today is September. And they are trying to establish the cut-off date for certain entitlements two months back. In addition, it is illegal. This is a law that purports to be a general application law. we are trying to regulate gambling in the City of Miami. First of all, gambling already exists in the City of Miami. It existed before Miami 21 was adopted. It existed at Flagler Dog Track where it is now Magic City casino, and it existed at Miami Jai Alai . At that time nobody really cared about gambling in the City of Miami because gambling was deemed to be an entertainment facility, and we received a letter from the MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) P2.34 on 09/27/2018 City Clerk 6 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 City Zoning Administrator saying that entertainment facility, as the city interpreted, including gambling, and it was allowed in all the T-6 designations. Finally, it is a law that only applies to us because there is no other pending gambling facility. If the City adopts this ❑rdinance, the only people that will be coming to ask for this approval will be our -- my client. In the past, and the city has amended the Code many times, as a reaction to uses in the City. For example, I represent a lot of self storage facilities, and I recall the City amending the code because there was a proliferation of them because they were not well designed. There was time to work with staff to see how we could, you know, make sure that -- that the industries, issues were addressed, and finally it was adopted and it applied to all the self storage facilities. That is not the case here. We don't know where the illegal -- where the effects of gambling are, because it's been -- it has been happening for all these years. There is MIAMI—DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for items) PZ.34 on o9/27/zw.8 City Clerk 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 no complaints, nobody has raised an issue. There has been opportunities to amend the code, and nothing has happened. This is totally reactive to the fear of this one facility. CHAIRMAN MR. GARAVAGLIA: Thank you. MS. MARRERO-PRIEGUES: I have two more points, and I will let the other people speak, if I may. one is that there is nobody really here. The complaints in the media about this issue have come from the Downtown Development Authority. The proposed site is not in the DDA. And the other person that you will hear from tonight is the representatives of a very politically powerful property owner in the city of Miami who has car dealerships on Biscayne Boulevard. CHAIRMAN MR. GARAVAGLIA: Thank you. MS. MARRERO-PRIEGUES: Thank you. MR. ALTHABE: I want to -- CHAIRMAN MR. GARAVAGLIA: Yes, sir. MR. ALTHABE: I want to make a disclosure. CHAIRMAN MR. GARAVAGLIA: Go ahead, make MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for iteni(s) P2.34 on 09/27/2018 City Clerk 8 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 your disclosure. MR. ALTHABE: okay. I want to disclose that 1 organized a community meeting. The owner of Magic City Casino was there, and I conducted the meeting. I believe that your opinion is that if I was totally unbiased during the meeting, or 1 was leaning towards one way or the other. I have to say that at this time I have heard everything, including the hearing at the City Commission where this legislation was proposed. And I have an opinion already, which unless there is something really very new, it is never going to change. so, I don't need to recuse myself because 1 don't have any personal, or financial, or any other kind of interest. 1 just want to say that 1 don't find this legislation unreasonable because obviously gaming in a residential neighborhood would bring a big change to the neighborhood. And that should be -- and it's not unreasonable to ask for special majority in public hearings. But I'm not going to participate in the MIAMI-DA©E COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) PZ.34 on 09/27/2018 City Clerk 9 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 vote because I believe that probably it would be interpreted as, like, I heard opinions that form my own opinion. overwhelming opinion in the neighborhood was against. But I was surprised that people wrote to me supporting the casinos. So, I rather don't participate in the vote. CHAIRMAN MR. GARAVAGLIA: Madam attorney, are you comfortable with that disclosure and outcome? State. MS. CITY ATTORNEY: Yes. So, you're recusing yourself pursuant to your interest in this? Okay. Okay. CHAIRMAN MR. GARAVAGLIA: we still have quorum? Three, four, five, yes, we are good. MS. CITY ATTORNEY: Yes, we still have quorum. CHAIRMAN MR. GARAVAGLIA: Yes, ma'am. MS. NELSON: Hi. Sue Nelson, 1900 North Bayshore Drive, Miami, 33132. I attended that community meeting, and I can tell you the temperature in the room was hot. This is a neighborhood, I'm sure you've all gone up Biscayne Boulevard between 29th and 31st Street. It has become s❑ dense and there is MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) PZ.34 on 09/Z7/2018 City Clerk 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 traffic issues, there is development that is just out of control. 1 am President of my Tower Association condominium. 1 can tell you people have come up to me and they are shocked. They are shocked to learn that the casino is going to go in our neighborhood. I've talked to even the Police Department and they are telling me the repercussions of this kind of establishment that comes into a neighborhood. And this is an established neighborhood. And 1 defy all of you, you live in Miami, you can imagine a casino, even though they are telling me it's not a casino, there is gambling, period, that would come into your neighborhood, and the kind of people that would come to this facility and partake, whether it is to gamble, whether it is to have a beverage or whatever. I'm definitely opposed to this. The 4/5 vote 1 don't even think is strong enough. I think it should be a unanimous vote by the Commission in order to get anything like this in anyone's neighborhood. so, please do what you think is best, but to me this gambling should not even be in any residential MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) PZ.34 on 09/27/2018 City Clerk 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 neighborhood. Thank you. CHAIRMAN MR. GARAVAGLIA: Thank you. MR. PRIEGUEZ: Good evening. My name is Manny Priegues, and I live at 4000 Malaga Avenue, Miami, Florida 33133. I am also here on behalf of the Havenick family, and the Magic City Casino. And I wanted to impress on some of the points that my colleague, Ines, made a few minutes ago, and going to little bit more detail. I think that it is really, really important that you keep in mind and bear in mind that in 2012 we sought an opinion from the city of Miami reference the definition of Adult -- excuse me, not adult, pardon me, of entertainment facility. It's not an adult facility. Entertainment facility. And whether that included, you know, jai -alai fronton, where it included, you know, gambling in general, et cetera. And that opinion came back in the positive It was considered by them as including -- including that definition. so, that was back in 201. so, at that point the city has to know that something is going on, or that somebody MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) PZ.34 on 09/27/2018 City Clerk 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is researching this for a purpose, particularly if it's coming from representatives of the Magic City Casino. The same thing occurred in earlier this year, in 2018, where I, myself, extended a request of the zoning Administrator for 19 different locations that were also trying to make sure that they were zoned according to entertainment facility, and that that would include -- and it was consistent with the earlier opinion that we had obtained from the previous Zoning Director in 2012. And we got the same exact result. This was in January of 2018. okay. Now, let's be very honest with ourselves. These things, these important decisions, and these zoning verification letters are not done in a vacuum. okay. The zoning Administrator doesn't, you know, go into a closet and figure out for himself. These things are vetted amongst many different professionals in the city of Miami, and this, in fact, was, and the exact same result came back. It wasn't only until after we obtained MIAMI—DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) PZ.34 on 09/27/2018 City Clerk 2 3 4 5 6 7 8 9 19 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 our permit from the State of Florida, because of the zoning verification letters, because of these letters, that an article was produced by the Miami Herald that got certain folks in the community very rowelled up and very engaged, the aforementioned. CHAIRMAN MR. GARAVAGLIA: In conclusion. MR. PRIEGUEZ: And, 5o, I just want to make sure that you feel the fact that this is being directed at this one company that did everything correctly up until the point that they were able to obtain that permit from the state of Florida, and what's going on right now i5 nothing more and nothing less than the City of Miami pulling the rug from under them, after they went by doing the right thing. CHAIRMAN MR. GARAVAGLIA: Thank you. MR. PRIEGUEZ: Thank you very much. CHAIRMAN MR. GARAVAGLIA: Yes, sir. MR. EHRLICH: Good evening. Peter Ehrlich, 395 Northeast 59th Street, speaking on PZAB No. 7, this item. I support the comments from Sue Nelson, who spoke earlier, and I also support the MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) P2.34 on 09/27/2018 City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 recommendation from the Planning Department that you approve the proposed legislation. Thank you very much. CHAIRMAN MR. GARAVAGLIA: Thank you. Anyone else? MR. HELFMAN: very briefly. I think it's important -- Steve Helfman, 2525 Ponce de Leon Boulevard. I think it's important that we look at that map where this use can occur. This is not targeted to any particular person. This use can occur throughout the City of Miami. You can see that red corridor. All this Ordinance says, that if you want to have this use, if you want gambling use, you have to have a hearing. There is nothing that is really exceptional about that. You have hearings every single day for very minor things. And, so, the fact that the city Commission is suggesting that they would like to have a hearing before a gambling establishment is put in a neighborhood is certainly good policy, it's good for the quality of life in this community, and it MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for items) PZ.34 on 09/27/2018 City Clerk 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 will give everybody a chance to have their day. And if the use that they want is a good use, then they'll get it. And the community will support them and the commission will support them. And if not, they won't. Thank you. CHAIRMAN MR. GARAVAGLIA: Thank you. MR. HAVENICK: Hi. Izzy Havenick, 401 Northwest 38th Court, Miami, Florida 33126. My family has owned and operated the Magic City casino, formally the Flagler Dog Track since 1952. we have never done anything in the City that was not permitted in the city, was a secret, everything we've ever done has been known. This has been a six -year process that everybody who is complaining has known about, everybody in the City has known about. I'm going to set the record straight. This is not a gambling facility. It is a Jai -alai fronton and has the potential to become a poker room also, neither of which are considered gambling, because neither is a game of chance, both are games of skill. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for items) PZ.34 on 09/27/2018 City Clerk 16 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I have voluntarily agreed and offered to Commissioner Russell and to the entire Commission, that we would not put in slot machines. I was told I would be included in the drafting of this language. I was not. This is clearly targeting my family and no one else. If there was such a big problem with gambling, where were these men ten years ago when they bought the Omni. Other than selling it to them, they were nowhere to be found. If these people really wanted to end gambling, they would have done it ten years ago. They wouldn't have done it now. And they would have made this so that this was language that actually covered everything, not just our project. And that's it. I mean, the facts are, this is poker and Jai -alai only, and nothing more. Thank you very much. CHAIRMAN MR. GARAVAGLIA: Thank you. Anyone else? Anyone else? seeing none, I'll bring it back to the board. MR. GERSTEN: A couple of questions. Okay. There are three parts. If you could. one, the dates of the zoning MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) PZ.34 on 09/27/2018 City Clerk 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 verification letters. MR. GAUGER: Yes. MR. GERSTEN: Can you just repeat those? MR. GAUGER: Can I repeat them? MR. GERSTEN: There were two or there was one? MR. GAUGER: I don't have the text in front of me. Let me -- MR. GERSTEN: Or anyone. It really doesn't matter. MR. GAUGER: No. There are no dates listed in the Ordinance. MR. GERSTEN: No, no, not the Ordinance. MR. GAUGER: Sorry. MR. GERSTEN: were there not zoning verification letters? Did I -- MR. GAUGER: I know -- I know of the first one. I'm not -- MR. GERSTEN: Mr. Chair, can I ask anyone who can answer? MR. GAUGER: I'm sorry, I misunderstood the question. MR. HAVENICK: There Was a letter from Barnabe Min in 2012, I believe it was June of 2012. And then in January of this year we MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) PZ.34 on 09/27/2018 City Clerk 18 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 got 19 letters from the Zoning Department. Not one, not two, 19, saying that we were allowed to do this. MR. GERSTEN: Thank you. Okay. so, under the ordinance you listed that there were three substantial parts to the ordinance. One was about gambling definition. MR. GAUGER: Definition of gambling facilities, or other facilities regulated by Chapters 550 and 551, and section 849 of Florida statutes. MR. GERSTEN: Okay. What is the current definition of gambling in the city of Miami? MR. GAUGER: There isn't specifically in the zone. MR. GERSTEN: By the state, then. It's a state definition? MR. GAUGER: Correct, yes. MR. GERSTEN: Okay. Tangentially to Mr. Havenick's comments about Jai -alai and poker, it is my understanding, and this is I now heard it from someone, I always understood that poker was not a game of chance, that it was a game of skill, and that MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) PZ.34 on 0912712018 City Clerk 19 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 things like slot machines, or what we have commonly throughout the City illegally, maquinitas, are games of chance, you have no idea, right. And that Jai -alai additionally was a sport, there's wagering on the sport, but that it is a game of skill. so, now, what you are proposing to define gambling as in the city of Miami, would that be then folding Jai -alai and poker into that? MR. GAUGER: Because we defer to the State rule, and those are regulated by the State -- MR. GERSTEN: Regulated? MR. GAUGER: Yes. So, they fall under that -- they fall under Chapter -- I'm not sure which of the three sections of the state Code Jai -alai and poker fall under directly, if it's 550, 551 or 849, I would have to do some additional research on which one of those it is, but it falls under that. MR. GERSTEN: Okay. More on that. MR. GAUGER: on that specific question, card rooms fall under 849 Florida statutes. And that Chapter also requires, by the way, MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) PZ.34 on 09/27/2018 City Clerk 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that before any license for a card room is issued by the State, there must be a vote of the City Commission. That same requirement is not repeated in our Code -- in the Miami code. But it's already required in the State Statute, which is to say, this is, you know, the concerns about this affecting businesses, the existing businesses, is much to do about nothing because state law already requires that the Commission vote. MR. GERSTEN: Our Commission, in the City of Miami -- MR. GAUGER: Our Commission. MR. GERSTEN: -- must vote as to whether you can be granted a card room. MR. GAUGER: Correct. MR. GERSTEN: But the Jai -alai fronton MR. GAUGER: Correct. MR. GERSTEN: -- no or yes? MR. GAUGER: I'm not aware of the requirements. But for the card room requirements, yes. MR. GERSTEN: ❑kay. Part two, the existing, or at least MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) PZ.34 on 09/27/2018 City Clerk 21 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 based on the zoning verification letters, from both -- two different administrations, allowed for the Jai -alai fronton and a card room. And these are -- this falls under the term pari-mutuel. Does that also include off-track betting? okay. And, so, what now the city is asking for is to say that what regarding D-1 and T-60, what's going to change? MR. GAUGER: So, what primarily is changing is, this is a separate -- this is separated from other entertainment uses That's why we are creating this separate definition. MR. GERSTEN: I understand. Because previously, or as it exists now, these types of uses would fall under entertainment. MR. GAUGER: The zoning interpretation letters said they were just typical entertainment uses. The first one -- if I'm not mistaken, the first was a zoning interpretation in 2012; is that correct? And then the letters were verification letters. MR. GERSTEN: I think, yes. we may or MIAMI--DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) P2.34 on 09/27/2018 City Clerk 22 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 may not, but I'm going to take those as generally zoning letters that tell a developer what they can and cannot do, something to rely on. That may be litigated in the future. But to me, from where I'm sitting right now hearing that, 1 mean, it sounds like 1 would be putting my opinions ❑n those letters. So, part three, what then -- I don't understand. so, what's part three, then, to the -- you said that you were -- it was a three-part change -- changes that you were seeking. MR. GAUGER: Changing the definition. MR. GERSTEN: Right. MR. GAUGER: Changing -- I mean, it is contained within the table MR. GERSTEN: Yeah. MR. GAUGER: changing where they're specifically allowed, and then the process for that allowance. MR. GERSTEN: Right. And the process, talk about the process now versus the process later, or if approved, just further to clarify. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) PZ.34 on 09/27/2018 City Clerk 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. GAUGER: This is by exception, which goes to Commission. MR. GERSTEN: Currently? MR. GAUGER: No. Currently entertainment uses are allowed by right. MR. GERSTEN: Right. okay. So, you guys would like to turn this into an exception process? That's what you are asking for? MR. GAUGER: Yes, yes. MR. GERSTEN: Classic exception, going to PZAB, two readings. MR. GAUGER: Correct. MR. GERSTEN: Where I was going to go with this, I don't see anything unreasonable about what you're asking for. That's not the issue, though. The issue here is, like, this is the City, in my opinion, at its worst because you have great public policy, but you have -- you have this reliance. You have a very narrow use. You have no games of chance, as i understand it, as they were explained, unless someone has a different definition. I think we could even look at Biscayne Boulevard as the entertainment uses MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Submitted into the public record for item(s) PZ.34 on 09/27/2018 City Clerk come additional types ❑f entertainment uses are coming to the actual Boulevard itself, maybe further up in -- in different ways, you know, in scale to these areas. 50, when I say the city at its worst is that 1 -- it's hard for me to put myself in that position and find that it is appropriate just like any applicant can ask, the City can ask, but I think it's it's too late. 1 think the ship has sailed. It is an extremely valuable lesson, but 1 think it puts the city in a strange place, and it looks untoward, and for all the great arguments and public policy reasons, you can say there shouldn't be a Jai -alai fronton or a poker room, which, frankly, with all the other problems the City has, it would be the least of our problems. I think when you talk about people that would go to something like this, 1 certainly see it as more of an entertainment type of thing. 1 just -- 1 couldn't -- 1 couldn't -- 1 would support the public policy. 1 think it's a great policy. I could not support it in this instance because it doesn't seem right at all. That's MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) PZ.34 on 09/27/2018 City Clerk 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 all I have to say. CHAIRMAN MR. GARAVAGLIA: So, let me ask a question. why are you here? Has the City said you can't do something, or that they were about to say something that you can't do? MR. HAVENICK: The city is asking you to bless a Resolution that they would like to pass to retroactively take away the rights that they have given me CHAIRMAN MR. GARAVAGLIA: So, you're pursuing your project? MR. HAVENICK: we have been granted the permit by the State of Florida, and we are going in for permits, and all of that stuff, to build the project. CHAIRMAN MR. GARAVAGLIA: You haven't been told no, you're just worried. MR. HAVENICK: well, if this passes -- CHAIRMAN MR. GARAVAGLIA: Then you're in trouble. Right now you haven't been told by the City to stop work, or stop thinking about this. MR. HAVENICK: Well, I think it pretty much says it there that I'm going to be put MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) PZ.34 on 09/27/2018 City Clerk 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ❑n notice. CHAIRMAN MR. GARAVAGLIA: Okay. So, why is this retroactive? why can't it just not be retroactive? MR. HAVENICK: Because we are the only ones that can do this. CHAIRMAN MR. GARAVAGLIA: I'm asking the City. why retroactive? MR. GAUGER: why retroactive to July, 2018? CHAIRMAN MR. GARAVAGLIA: And not just start out now, like most legislation that comes before us? MR. GAUGER: I mean, I think because this needs to apply to the most recent -- the only instance where the State sort of went beyond local Ordinances, you know, this is basically a preemption from the State. MR. GERSTEN: Except no ordinance currently exists. I mean, that's sort of -- that is factually the case. I mean, we've all -- the questions have been asked, you guys have even said, nothing exists, so we want to now put it into place, even though these guys have been granted their right, MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) PZ.34 on 09/27/2018 City Clerk 27 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 given the zoning classification. Based on the framework that currently exists, they have what they need to move forward. And now you're saying, wait, but now there is this new thing for you to move forward. CHAIRMAN MR. GARAVAGLIA: So, if we were to indefinitely continue this item, they could go and do their project, because they couldn't get this ordinance -- couldn't get i t past this Board. MR. GAUGER: I mean, it wouldn't get past the recommendation. The recommending Board -- yeah, I believe that is the case. CHAIRMAN MR. GARAVAGLIA: We can stall it right here and they could go on and build. MR. GERSTEN: This is an exception. MR. GAUGER: No, this is not an exception, it's a text amendment. CHAIRMAN MR. GARAVAGLIA: It has to pass through this Board. You can't jump over us because you don't like us, correct? we can stall it right here and let them build. MR. HECHTMAN: MR. GAUGER: My understanding is a recommendation up or down can continue to the MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) PZ.34 on 0L2212018 City Clerk 28 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Board. I'm not exactly sure on the procedure, and would defer to the attorney if it was indefinitely. CHAIRMAN MR. GARAVAGLIA: To me, I would be inclined to approve it, if it didn't have the back date. MR. GAUGER: The retroactive date. CHAIRMAN MR. GARAVAGLIA: Yeah. I think it's a reasonable thing to say, let's go a little extra step and talk t❑ the community when these kind of things come in. UNIDENTIFIED SPEAKER: How did you arrive at the July 26th date? MR. GAUGER: That's the date when the state preempted local authority. MR. GERSTEN: It preempts local authority when local authority hasn't exerted itself or created a framework to preempt. That's the part I'm not -- CHAIRMAN MR. GARAVAGLIA: Mr. Collins, go ahead. MR. COLLINS: I would like to hear what he has to say, just about the date. MR. HELFMAN: That date is the date that the City Commission passed our Resolution MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) pZ.34 on 09/27/2018 City Clerk 1 2 3 4 5 6 7 8 9 10 11 17 13 14 15 16 17 18 19 20 21 22 23 24 25 instructing the administration to bring forward this proposed ordinance. It's from that date forward that they are saying, anybody who is pursuing a gambling facility needs to know that as of that date they go forward at their own risk because the rules may change, and so that's what that date is. The other thing is, you obviously know this stuff very well, because -- well, you certainly sound like you do. So, what you didn't mention about those letters is that those letters have a caveat at the end of all of them that says that this zoning verification letter is allowed today, when they were issued, and they specifically say that the City Code and City zoning Code may change, and you're proceeding at your own risk. so, the idea that somehow they have these letters which allow them to build this facility is fictitious. They don't have such letters. They have a letter which says, this letter is good for today. And if the City changes the rules, but 1 think that's important, because you clearly are relying MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) PZ.34 on 09/27/2018 City Clerk 30 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 upon the letters, which you mentioned, and I think it's important that you CHAIRMAN MR. GARAVAGLIA: All right. I think we got it. Mr. collins, does that conclude your comments? Mr. Dominguez? MR. COLLINS: I have one more question. Going back to a comment you had -- you said that the Jai -alai and the poker is not gambling. was that -- were you stating that as a non use of gambling under the Florida requirements, State of Florida Statutes that were referenced here? MR. HAVENICK: By definition those are not considered games of chance, they are considered games of skill. MR. COLLINS: okay. So, if you meet that definition that you're not a gambling facility and their Code Requirement references the State Statutes, why would you have to ---- why would you fall into this category? MR. HAVENICK: Because it specifically references the chapter that pertains to pari MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) PZ.34 on 09/27/2018 City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 mutuel wagering, which is chapter 550. And, real quick, the state -- the letters were not for us, they were for the State. And the State issued the permit in reliance on the zoning letters from the city. MR. GAUGER: Just to be clear, though, gambling and games of chance are not necessarily related. You can gamble on a skill. MR. COLLINS: Right, I understand. I have no more questions. MR. DOMINGUEZ: I have a question. As a businessman, how much have you invested thus far, in this particular journey that you're on? MR. HAVENICK: Just over a million dollars s❑ far. MR. DOMINGUEZ: So, I mean, from a -- I agree with him. From a fairness standpoint, for the city to come in and change the rules, the game has already begun. It doesn't seem very fair to me, specifically when somebody throws down that kind of cash and that kind of money, and I think it sends a bad message to any businessman that does business in the MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) P2.34 on 09/27/2018 City Clerk 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 City of Miami where the rules could change in the middle of the game. So, I'm inclined to -- I don't have a problem with your with your -- I just -- I don't feel -- I feel like the City is changing the rules as it goes along. 1 think the fact that it's retroactive is a knee-jerk reaction aimed at the gentleman's venture. I don't see a reason why -- why it wouldn't -- why it would have to be retroactive. CHAIRMAN MR. GARAVAGLIA: You said that you got some letters this year. MR. HAVENICK: Yes. CHAIRMAN MR. GARAVAGLIA: This year when, like January, February, March? MR. HAVENICK: January. CHAIRMAN MR. GARAVAGLIA: So, I know it has these asterisks on the bottom, but January is not that long ago, and in development terms, and getting financing, that's, to me, a pretty current letter that I would rely on to get my financing, or whatever else that I need. It's not like -- if you said that the case was predicated on a letter that you got five years ago, yeah, MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) PZ.34 on 09/27/2018 City Clerk 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 maybe I would call it a portion -- I would go with the city. But, you have current letters, in my minds, All right. MR. HAVENICK: You want to see the letters? CHAIRMAN MR. GARAVAGLIA: No. You're representing -- MR. MILIAN: To me, the only thing that -- and I understand, I kind of see the rock and the hard place here, but at the same time there is no one that, in my opinion, they are not denying anybody, this can still go to commission and still can perfectly pass. And it's not, in my opinion, it's a City --wide ordinance. I know everyone is kind of pigeon holding and saying it's because of this one particular project, and it may very well be they are the only ones applying for it at this point, but to me this is a city-wide ordinance that goes to everyone, and it applies to everyone. So, I'm -- I understand the concern. 1 mean, you know, the July -- I agree if it would have just been retroactive, I agree that shouldn't be the case, but if there is a MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) PZ.34 on 09/27/2018 City Clerk 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 reason that it's July 28th, which is because that's when the City Commission stated that that's when they wanted to start moving forward and, putting everybody on notice, i think that's a little bit different than saying, "Oh, we just put it back because, you know, they -- you know, they are about to get approval, or there was an approval.`" MR. GERSTEN: That's exactly why they did it. I was there. MR. MILIAN: I wasn't there. MR. GERSTEN: Everybody made -- MR. ALTHABE: If the article doesn't come out in the Herald, we don't even have this conversation. MR. GERSTEN: That's correct. MR. HAVENICK: There is no asterisk, by the way, in this letter. MR. DOMINGUEZ: That's just the way --- I've gone to Jai -alai my whole life with my dad. My family has gone gambling. It's entertainment. we've been -- Jai -alai has been here forever. Magic City casino has been here, gambling is here. I mean, whether you frame it, whether it's a game of chance MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Submitted into the public record for item(s) PZ.34 on 09/27/2018 City Clerk or not. CHAIRMAN MR. GARAVAGLIA: Sir, sir, you have recused yourself, so unfortunately -- MR. HAVENICK: It is about Jai -alai, and it is about poker, and that's exactly what i told you in the meeting. if you wanted to make it about gambling, make it about everybody, make it so that nobody else could open. we're happy t❑ sit here and work with everybody. CHAIRMAN MR. GARAVAGLIA: Guys, guys, guys, guys, hold on, hold on, hold on. Let's go through the Chair. Mr. Dominguez, are you done with your MR. DOMINGUEZ: My final statement would be that if it wasn't -- if it didn't seem as they were being targeted, i could understand the city's point of view. But in this particular case, I do believe Commissioner Russell that in the aid of Norman Braman, they are targeting Magic City casino; if not, they would have come up with this Resolution years ago. And i just don't see how -- right now, right after the article came out in the Herald, all of sudden, you know, we are here MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 35 Submitted into the public record for item(s) P2.34 on 09/27/2018 City Clerk 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 discussing this today. 50, I think it i5 unfair to somebody who's obviously invested a lot of money. MR. GERSTEN: I just want to be clear that I'm not basing -- CHAIRMAN MR. GARAVAGLIA: Sir, Mr. Gersten -- Mr. Gersten, you had your opportunity. MR. DOMINGUEZ: This is my thought. If the gentleman spent the amount of money he spent, and he has been receiving letters that it is okay, by definition, I just don't see how in the middle of the ballgame the city can just say, "Hey, look, no, pursue at your own risk." I don't think it's fair. And I don't think -- whether it is gambling or any other type of business, I don't think it's fair. 50, I just want to put that on the record. CHAIRMAN MR. GARAVAGLIA: I wish the city had -- when the storage facilities were coming before us you would have said, "we can make this retroactive from the previous year," and stopped what we got. Because I remember being at these meetings and you MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) PZ.34 on 09/27/2018 City Clerk 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 said, or the staff said, "we can't go back to the other units that have already gotten through the door." so, I think you're cherry picking some of your retroactivity. So, I don't -- Mr. Dominguez, if you want to proffer a motion? Or Mr. Collins, go ahead. MR. COLLINS: Just one question. You have -- you have already submitted your building permits, you're in the middle of permitting; is that correct? MR. HAVENICK: we started going in and applying for some permits, yes, sir. MR. COLLINS: 50, if we were to approve this with the removal of the -- of the retroactive date, and that it just gets adopted whenever it gets through the second reading at City Commission, and if they have already started on their permitting, process are they kind of grandfathered in because they would have already applied? MR. GAUGER: I believe the only way they have any grandfathered rights is if they have approved rights, and so that can be either MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) P2.34 on 09/27/2018 City Clerk 38 1 2 3 4 5 6 7 8 9 14 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and approved waiver -- there's sort of a threshold, an approved building permit. MR. COLLINS: Is that administrative or is that in code? MR. GAUGER: That's for -- that's actually for -- that's not necessarily for the use, that's for the structure, or for the zoning. MR. COLLINS: I'm just brainstorming a timelime. If we move this -- vote to approve this, removing the retroactive date, are they in a race to get their permits before this gets adopted, or are they in a safe position because they would have already started permitting? MS. CITY ATTORNEY: It would depend on -- I believe it would depend on what types of permits they need, when they applied, et cetera. 50, it's difficult to answer that question, because we don't know exactly what permits they need, what they applied for, what they haven't applied for, and when the actual ordinance would be adopted. It's difficult to answer that. MR. COLLINS: I remember, back to the MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) PZ.34 on 09/27/2018 City Clerk 39 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 storage discussion, this will take effect when it's adopted, and whatever projects are in the cue, even though they are not permitted, they apply before the Ordinance happened, and they were fine. So, I would think that this is a similar path, but you're not sure which permit would, in a sense, grandfather them into at least the system? MS. CITY ATTORNEY: Yeah. I'm not sure exactly what permits they need, and whether they applied for them, and, if not, when they will apply for them, and the timeline of when the actual Ordinance would be effective and the natural route of it. So, it's difficult to determine that. don't know if the applicant has any information regarding their permits that they need, et cetera, and their timeline on it. MR. GERSTEN: Mr. Chair, I have -- with your permission, I have a follow-up question to Mr. Collins' question, for the City on the same topic. And I ask this to everyone. Is this threshold in the Code, or is it administrative rule that you guys have on a piece of paper that changes from MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) PZ,34 on 09/27/2018 City Clerk 40 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 administration to administration? MR. GAUGER: vested rights are by Code and by Statute, I believe. MS. CITY ATTORNEY: I'm sorry, can you repeat that? MR. GERSTEN: All right. So --- MR. GAUGER: Your question is vesting of rights? MR. GERSTEN: Yes. well, anyone can answer this, if there is a basis of law. when these issues have been litigated, do the rights exist based on an administrative ruling, or piece of paper that has changed from administration to administration, or is this strictly a code -based threshold? I just -- does everyone understand my question? I'm sorry, I know I'm not clear. MR. HELFMAN: You're making sense. It's neither. MR. GERSTEN: Microphone. MR. HELFMAN: Steve Helfman again. The issue of whether you have a grandfather right is not by virtue of the Code, or any administration, or an opinion. It's as a matter of law. Local government MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) PZ.34 on 09/27/2018 City Clerk 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 can change the rules. I know it sounds unfair, but they can change the rules whenever they like. If somebody has relied upon something and expended a substantial amount of money and obtained permits which, by the way, according to the city's own computers, no permits have been applied for here, so I don't know what they are talking about. But, that said, that said, if they -- there is no retroactivity here. There is nothing in this Ordinance that says that retroactivity -- it's not retroactive, okay. It will become effective on the day that the city commission passes it. And if they have certain protected rights on that date, he will have them so, if you wanted to change it, you couldn't. In other words, there is no retroactivity in it. The only provision that is in there, it just says, people should be on notice that as of this date we are changing the rules. But the ordinance only becomes effective on the date that it gets passed by the City commission. so, there is no retroactivity. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for items) P2.34 on 09127120I8 City Clerk 42 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. CITY ATTORNEY: And if the Board would like to clarify that language with its decision, then they can do so, with that condition. CHAIRMAN MR. GARAVAGLIA: Vice Chair? MR. BOOK: If I could, in response to what Mr. Helfman has asserted. If I could. For the record, Ron Book, 18851 Northeast 29th Avenue, Aventura, Florida, on behalf of Magic City. I simply want to clarify something that Mr. Helfman man has said incorrectly. people can -- reasonable people can disagree. The City does not have a provision in its Code for zoning in progress ordinances. If they had what others cities have, then this would be a permissible act, and you wouldn't hear us arguing about fairness. And to Mr. Helfman's point, he is mistaken. Multiple permits have been applied for, and at least one has been issued, in hand, in our possession. so, he might have something that tells him something different, we've got an actual physical permit. And, I repeat, there is MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) PZ.34 on 09/27/2018 City Clerk 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 nothing in the City zoning Code for zoning in progress provision. MR. COLLINS: Do you have that permit here? MR. BOOK: we probably can give you a copy. we do. MR. GERSTEN: May I? CHAIRMAN MR. GARAVAGLIA: Yes. Let's see what Mr. Gersten has to say, if you're going to go t❑ a motion. MR. GERSTEN: I'm going to go to a motion. CHAIRMAN MR. GARAVAGLIA: Let's go. MR. GERSTEN: I would make a copy t❑ approve the City's language, strike the portion dating back to July, and making a finding that the applicant has relied on representations by the City, and the state has relied on those representations, and has moved forward with the project, and reliance upon, and has a right to continue under the Code as it existed at the time that they were granted that right by the state, because the State did not have a framework in place. CHAIRMAN MR, GARAVAGLIA: So, there is a MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) PZ.34 on 09/27/2018 City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 motion. Do we have a second? MR. DOMINGUEZ: I was confused by your motion. Can you do a finding as part of your -- CHAIRMAN MR. GARAVAGLIA: I don't think you can do the finding part. MR. GERSTEN: Huh? CHAIRMAN MR. GARAVAGLIA: I don't think you can do the finding part where you're making a judgment. MR. GERSTEN: The condition or the -- then I make a motion to deny it. CHAIRMAN MR. GARAVAGLIA: All right. so, it's a motion to deny. Period. MR. GERSTEN: Sure, yes. CHAIRMAN MR. GARAVAGLIA: So, let's see if we have a second. MR. DOMINGUEZ: second. CHAIRMAN MR. GARAVAGLIA: We have a second by Mr. Dominguez. MS. CITY ATTORNEY: I'm sorry, before the Board takes a vote, just a friendly reminder that a super majority is required to -- for a favorable recommendation. MR. DOMINGUEZ: How about to deny? If MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) PZ.34 on 09/27/2018 City Clerk 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it's denied it doesn't have to be super majority? MS. CITY ATTORNEY: Correct, to recommend approval. MR. COLLINS: Just one quick question before we vote. In the requirements it says that the city Commission has to approved by 4/5 vote; is that common? I just thought it was majority. MR. GAUGER: No. There's a number of things that are by super majority. MR. COLLINS: At City Commission? MR. GAUGER: Yes. CHAIRMAN MR. GARAVAGLIA: All right. so, we have a motion and a second to deny. Ca11 the roll. THE CLERK: Mr. Gersten? MR. GERSTEN: Yes, on denial. THE CLERK: Mr. Dominguez? MR. DOMINGUEZ: I just want to -- before I vote, an explanation. If we vote yes to deny, we are denying the city's proposal to pass the ordinance, right? THE CLERK: Correct. MR. DOMINGUEZ: Yes to deny. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) PZ.34 on 09/27/2018 City Clerk 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE CLERK: Mr. Althabe? CHAIRMAN MR. GARAVAGLIA: He recused himself. THE CLERK: Mr. Collins? MR. COLLINS: Yes. THE CLERK: Mr. Milian? MR. MILIAN: No. THE CLERK: Mr. Parrish? MR. PARRISH: No. THE CLERK: Mr. Vadilla? MR. VADILLA: Yes. THE CLERK: Mr. Garavaglia? CHAIRMAN MR. GARAVAGLIA: Yes. THE CLERK: Motion passes by a vote of 5 to 2. CHAIRMAN MR. GARAVAGLIA: Thank you. (Item adjourned.) MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Submitted into the public record for item(s) PZ.34 on 09/27j2018 City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATE OF REPORTER STATE OF FLORIDA COUNTY OF DADE I, ]ANICE AGUIRRE, Registered Professional Reporter, do hereby certify that I was authorized to and did stenographically report from audio recording the city of Miami PZAB Meeting of september 5, 2018; that a review of the ExCERPT transcript was requested; and that the foregoing transcript, pages 2 through 46, is a true record of my stenographic notes. I FURTHER CERTIFY that I am not a relative, employee, or attorney, or counsel of any of the parties; nor am I a relative or employee of any of the parties' attorney or counsel connected with the action, nor am I financially interested in the action. DATED this 10th day of september, 2018 at Miami, Dade County, Florida. JANICE AGUIRRE Registered Professional Reporter Notary Public, state of Florida Commission NO. GG 160089 My Commission Expires: December 8, 2021 MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 48 --11011 A a --Ill 31/18 abilities [1] 4/25 able [11 13/12 about 1261 4/13 4/13 5/22 7/11 14/17 15/18 15/19 18/7 18/21 20/7 20/8 22/23 23/16 24/19 25/5 25/23 28/23 29/11 3411 35/4 35/5 35/7 35/7 4119 42118 44/25 according [2] 12/8 4116 act l l l 42/17 action [2] 47/9 47/9 actual [4] 24/2 38/23 39113 42124 actually [2] 16/15 38/6 Adam [II 1/19 addition [ I] 5/13 additional 131 3111 19/20 24/1 additionally 111 19/4 address [1] 3/24 addressed 11 ] 6/20 adjourned 111 46/17 administration [61 291140/140/140/14 40/14 40124 administrations 111 21/2 administrative [31 38/3 39/24 40/12 Administrator 13] 6/ 1 12/6 12/19 adopted 161 5/18 6/2037/18 38/13 38/23 39/2 adopts 111 617 adult [3] 11/14 11/15 11/16 Adult -- [1] 11/14 affecting [ 1 ] 20/7 aforementioned [1] 13/6 after [3] 12/2513/16 35/24 again [3] 2118 3/14 40/21 against I 1 ] 9/4 agency [I ] 3/17 ago [7] 4/14 11/9 16/9 16/13 32119 32/25 35/23 agree [3] 31/19 33/23 33/24 agreed [11 16/1 AGUIRRE [2] 47/447/17 ahead [3] 7/25 28/2137/8 aid [1] 35/20 aimed I1] 32/7 Alai [11 5/21 Alex111 1/18 Alexander111 1/17 al11221 3120 5/3 5/16 6/4 6/21 6/25 9/23 10/11 14/13 24/13 24/16 24/25 25/1 25/15 26/22 29/13 30/3 33/3 35/25 4016 44/13 45/14 all --11] 26/22 allow [1] 29/20 allowance [1] 22/21 allowed 18] 312 3/14 6/418/3 21/3 22/20 2315 29/14 along 1l ] 32/6 already [101 5/17 8/12 20/5 20/9 31/21 37/2 37/10 37/20 37/22 38/14 also [6] 11/5 12/713/25 15/23 19/25 21/6 Althabe [2] 1/17 46/1 always II] 18/23 am [5] 10/2 11/5 47/7 47/8 47/9 amend [3] 216 2/8 7/2 amended 111 6/11 amending 12] 2/96/15 amendment (21 3/2 27/18 American [11 113 amongst 111 12121 amount [21 36/10 41/5 Andres [1] 1/17 answer [5] 2/1917/20 38/19 38/24 40/10 Anthony II] 1/19 any [14] 3/20 8/16 8/17 10/2514/11 20/1 24/8 31/25 36/16 37/24 39/16 40/24 47/8 47/8 anybody [2] 29/4 33/12 anyone [71 3/23 14/5 16/21 16/21 17/9 17/20 40/9 anyone's 11 ] 10/23 anything 141 2/2410/22 15/14 23/15 APPEALS [2] 1/1 2/4 applicant 13] 24/8 39/16 43/17 application [21 5/4 5/14 applied 19 ] 3/16/2137/22 38/ 18 38/2138/22 39/11 41/7 42/20 applies [2 ] 6/5 33/21 apply [4] 2/21 26/15 39/4 39/12 applying 12] 33/18 37/14 appropriate 111 24/7 approval [6] 2/4 2/16 6/9 34/8 34/8 45/4 approve [51 14/2 28/5 37/15 38/10 43/15 approved 161 7115 22/24 37/25 38/1 38/2 45/7 are151] are -- [11 21/5 areas [ 5 ] 2121 3/3 3d 13/ 13 24/4 arguing [II 42/18 arguments [1 ] 24/14 arrive [1] 28/13 article 15] 2/8 2110 13/3 34/13 35/24 articles II] 4/13 as [22] 5/6 6/2 6/12 9/2 11/21 19/8 20/14 21/17 22/1 23/22 23/22 23/25 24/20 29/5 30112 31/1 2 3215 35/16 40/25 4 1/2143/22 44/3 ask [7] 6/9 8/23 17/19 24/8 24/9 25/2 39/22 asked [I] 26/22 asking [51 21/8 2319 23/16 25/7 26/7 asserted [11 42/7 ;Associates [1] 4/7 Association [II 10/3 asterisk 111 34/17 asterisks 11 ] 32/18 atthe lll28/13 attended 111 9/20 attention I 1 ] 5/8 attorney [51 4/4 9/9 28/2 47/8 47/9 audio 1 I] 47/5 authority [41 7/13 28/15 28/17 28/17 authorized 11 ] 47/5 Avcntura I I ] 42J9 Avenue 13] 4/5 11/5 42/9 aware [I] 20/21 awav [ l l 25/9 20/15 22J4 22/7 24/15 24/17 25/25 26/4 28/5 31/6 32/10 33/18 33/25 35/16 36/4 37/25 38/23 39/13 41/20 42117 45/1 be -- [I ] 8/22 bear[11 11/12 because [34] 4/10 513 5/23 6/6 6/15 6/16 6/24 8/16 8/19 9/1 13/1 13/2 15/24 19/11 20/9 21/16 23/19 24/25 26/5 26/14 27/8 27/21 29/6 29/9 29/25 30/24 33/16 34/1 34/6 36/24 37/21 38/14 38/20 43123 because -- [1] 29/9 become 13 ] 9/25 15/2341/13 becomes [1 I 41/23 been [20] 4/10 6/24 6/25 71215/1615/17 25/13 25/18 25/21 26/22 26/25 33/24 34/22 34/23 34/24 36/11 40/11 41/7 42/20 42/21 been -- [21 6/24 34/22 before [15] 4/17 4/18 4/19 4/24 5/2 5/18 14/22 20/126/13 36/22 38/12 39/4 44/21 45/6 45/20 begun [ 1 ] 31/21 behalf 131 416 11/6 42/ 10 being [3] 13/10 35/17 36/25 believe [8] 8/5 9/1 17/24 27/13 35/19 37/23 38/ 17 40/3 bestllj 10/24 betting [ 1 ] 21/7 between [ I ] 9/24 beverage[11 10/18 beyond 11 ] 26/17 big [21 8/21 1617 Biscayne 141 4/117/18 9/24 23/25 bit [3] 3/5 11/10 34/5 bless 111 25/8 board [111 1/1 1/14 2/4 4/316/22 27/10 27/13 27/20 28/1 4211 44/22 Board--[11 27/13 Book [ I ] 42/8 both [2] 15/25 21/2 both -- I 1 ] 21/2 bottom 111 32/18 bought [ 1 ] 16/9 Boulevard 161 4/12 7/18 9/2414/8 23/25 24/2 brainstorming Ill 38/9 Braman 111 35/20 Brickell 11 j 4/5 briefly 1 1114/6 bring 13] 8/21 16/22 29/1 bringing [11 3/18 build 141 25/16 27/15 27/22 29/20 building [31 2/9 37/ 1138/2 husines^s 121 31/25 36/17 businesses [2] 20/7 2018 businessman [21 31/13 31/25 by the 151 20/2 25/14 25/22 43/18 43/23 C hack 1131 3/16 3/18 5/12 11/20 11/22 12/24 16/22 28/6 30/9 34/6 37/1 38/25 43/16 bad [1] 31/24 ballgame 111 36/13 Barnabe [ I] 17/24 based 13] 21/1 27/1 40/12 basically 121 2/22 26/18 leasing 111 36/5 basing --[I] 36/5 basis [11 40/10 Bayshore [ 1 ] 9/20 be [361 2/15 3/1 3/14 5/14 5/24 6/8 6/9 8/22 9/2 10/21 10/25 12/15 16/4 16/ 1019/9 20/2 call[21 33/1 45/16 Calleros [11 1123 came [3] 11/2012/2435/24 can [ 36 ] 9/21 10/3 10/12 14/10 14/12 14/13 17/3 17/4 17/19 17/20 20/15 22/3 24/8 24/8 24/14 26/6 27/14 27/21 27/25 31/8 33/12 33/13 36/14 36/22 37/25 40/4 40/9 41/141/2 42/3 42/13 42/1343/5 44/3 44/6 44/9 can--[1] 42/13 can't [5] 25/4 25/5 26/3 27/20 37/1 cannot [ I] 22/3 car[I] 7/17 card [61 2/1419/24 20/120/15 20/22 21/3 cared [ I 1 5/22 49 c carried [ 1 ] 4/23 case 16] 6/22 26/2127/13 32/24 33/25 35/19 cash (11 31/23 casino [11 [ 4/8 5/20 8/410/6 10/1210/13 11/712/315/12 34/23 35/21 casinos 111 9/6 Category 111 30/23 caveat [11 29/12 certain [3] 5/11 13/4 41/15 certainly [31 14/24 24/20 29/10 CER'f IFICATE I I ] 47/1 certify [2] 47/447/7 cetera [3] 11/19 38/19 39/18 Chair [41 17/19 35/13 39/19 42/5 Chairman 121 1/164/2 CHAMBERS [11 1/2 chance 181 15/1 15/25 18/2519/3 23/22 30/16 3117 34/25 change [II] 8/14 8/2121/10 22/12 2917 29/17 31/20 32/1 41/1 41/2 41/17 changed 11 ] 40/13 changes 13] 22/12 29/24 39/25 changing [61 21/12 22/14 22/16 22/19 32/5 41/22 Changing -- 111 22/16 chapter [4] 19/16 19/25 30/25 31/1 Chapter -- [11 19/16 Chapters [11 18/11 Charles 111 1/16 cherry ]1] 37/4 Chris [I 11/18 cities [ I 1 42/16 city [731 City's [4 ] 35/18 41/6 43/15 45/22 City-wide [2] 33/15 33/20 clarify [31 22/25 42/2 42/11 Classic 1lj 23111 classification 111 27/1 clear [3] 31/6 36/4 40/17 clearly 121 16/6 29/25 client III 6/10 closet [11 12/20 code '161 6/12 6/15 7/3 19/1820/4 20/5 29/16 29/16 30/20 38/4 39123 40/2 40/24 42/14 43/1 43/22 Gale —111 20/4 code -based 111 40/15 colleague 111 11/8 Collins [51 111.8 28/20 30/5 37/7 46/4 Collins' I 1 ] 39/21 come [101 3/24 7/1210/4 10/14 10/16 24/1 28/11 31/20 34/14 35/22 come -- 111 24/1 comes [21 10/9 26/13 comfortable [11 9/9 coming 14] 6/9 12/2 24/2 36/22 comment I1] 30/9 comments [31 13/24 18/2130/6 commission [241 1/2 215 2/16 4/19 8/10 10/22 14/21 15/516/3 2013 20/10 20/11 20/13 23/2 28/2+ 33/13 34/2 37/19 41/14 41/24 45/7 45/12 47/19 47/19 Commissioner 121 16/2 35/19 common I I ] 45/8 commonly [11 19/2 community [61 8/3 9/21 13/5 14/25 15/4 28/10 company [ 1 ] 13/10 complaining 111 15/18 complaints [21 7/1 7/11 computers 111 41/7 concern 111 33/22 concerns 111 20/7 conclude [ 11 30/5 conclusion 111 13/7 condition [2] 421444/11 Condominium 11 ] 10/3 conducted 111 8/5 confused II] 44/2 connected [11 47/9 considered [41 11/21 15/24 30/16 30/17 consistent 111 12/10 contained 111 22/17 continue [31 2717 27/25 43/21 cnntro1121 3/19 10/2 conversation [1] 34/15 copy[2] 43/643/14 correct [101 18/19 20/16 20/19 21/23 23/13 27/2134/16 37/12 45/3 45/24 correctly II] 13/11 corridor 111 14/13 could 1111 6/18 16/24 23/24 24/24 27/8 27/15 32/1 35/8 35/17 42/6 42/7 couldn't [51 24/22 24/22 27/9 27/9 41/18 couldn't .. [2] 24/22 24/22 counsel 12] 47/8 47/9 COUNTY [21 47/3 47/10 couple 111 16/23 Court [1] 15/10 covered I1] 16/15 create I11 514 created [ I ] 28/18 creating 111 21/14 cue [11 39/3 current131 18/13 32/21 33/2 currently 15] 3/17 23/3 23/4 26/20 27/2 cut-off 111 5/11 D dad [1I 34/21 DADE 121 47/3 47/10 I laniel 11 ] 1/17 date 1171 517 5/1128/6 28/7 28113 28/14 28/23 28/24 28/24 29/3 29/5 29/7 37/17 38/11 41/15 41/2141/23 DATED [1] 47/10 dates 121 16/25 17/11 dating [11 43/16 day [4] 14/1815/2 41/13 47/10 1/DA [1] 7/14 de111 14/8 dealerships [I] 7/17 December [I] 47/19 decision I 1 ] 42/3 decision~ 111 12/17 deemed 111 5/24 defer 121 19/11 28/2 deferential [1] 2124 define [11 19/8 defining [11 2/23 definitely 111 10/19 definition 1131 2/ 12 11/1411/22 18/8 18/9 18/14 18/18 21/15 22/14 23/24 30/15 30/19 36/12 definitions 111 2/8 defy [1] 10/11 denial 121 2/4 45/18 denied [11 45/1 dense I 1 ] 9/25 deny [61 44/12 44/14 44/25 45/15 45/22 45/25 denying 121 33/12 45/22 Department [31 10/7 14/1 18/1 depend [2] 38/16 38/17 Deputy [I 1/23 designations 11 ] 6/4 designed [ 1 j 6/17 detail [ 1 I 11/10 determine 11 ] 39/15 developer [I] 22/3 development [31 7/12 10/1 32/20 did 161 13/10 17/16 28/12 34/10 43/24 47/5 didn't [3] 28/5 29/1135/16 different [7] 12/6 12/22 21/2 23/23 24/3 34/5 42/24 difficult 13] 38/19 38/24 39/15 directed 111 13/10 directly [ 1 ] 19/18 Director 12] 1/23 12/12 disagree 111 42/13 disclose 111 8/2 disclosure [3] 7/248/1 9/10 discussing 111 36/1 discussion [11 39/1 districts ill 3/9 do [201 10/2318/319/19 20/8 22/3 25/4 25/6 26/6 27/8 29/10 35/19 40/11 42/343/3 43/6 44/1 44/3 44/6 44/9 47/4 does 15] 21/6 30/5 31/25 40/16 42/14 doesn't [6j 12/1917/10 24/25 31/21 34/13 45/1 Dog [2] 5/1915/12 doing [1 113/16 dollars II] 31/17 Dominguez [6] 1/18 30/7 3S/14 37/6 44/20 45/19 don't 126] 6/22 8/15 8/16 8/18 9/610/20 17/7 22/9 23/15 27/21 29/21 32/3 32/4 32/8 34/14 35/23 36/12 36/15 36/16 36/17 37/6 38/20 39/16 41/8 44/5 44/8 don't -- [1] 37/6 done [61 12/18 15/14 15/16 16/ 121 6/ 13 35/14 door [11 37/3 down [21 27/25 31/23 Downtown 111 7/12 draft 111 4/21 drafting [2] 4/16 16/5 Drive [2] 1/3 9/20 during [11 8/7 earlier 131 12/412/11 13/25 edification [11 3/6 effect 111 39/1 effective [ 3 ] 39/13 41/13 41/23 effects 111 6/23 Ehrlich 1 1 I 13/22 either 111 37/25 else 16j 14/5 16/7 16/21 16/21 32/23 35/8 employee [2] 47/847/8 end[2] 16/11 29/13 engaged 111 13/6 emwgh [1] 10/20 entertainment [131 5/24 6/2 11115 11/16 12/921/1321/1821/2123/523/2524/1 24/2134/22 entire [ I] 16/2 entitled 111 2110 entitlements 111 5/11 establish [ 1 15/10 established 111 10/10 establishment [2] 1(1r914/2<3 et 13j 11/19 38/18 39/18 even [10] 4/12 10/7 10/12 19/20 10/25 23/24 26/23 26/24 34/14 39/3 evening 171 2/18 4/2 4/6 4124 5/2 11/3 13/21 ever [1] 15/16 every [1] 14/18 everybody [71 15/1 15/1815/19 34/4 34/12 35/8 35/10 everyone 151 33/15 33/20 33/2139/22 40/16 everything [41 8/9 13/11 15/16 16/15 exacl [2] 12/1312/23 exactly 151 28/134/9 35/5 38/2039/10 example [1] 6/13 E cLpt 11] 26/19 exception [71 2216 3/4 23/1 23/8 23/l 127/16 27/18 exceptional 11] 14/17 EXCERPT [11 47/6 excuse [1 1 11/14 exerted 111 28/17 exist [ I ] 40/12 existed [4] 5/18 5/19 5/20 43/22 existing 141 3/13/7 20/8 20/25 exists [5] 5/17 21/17 26/20 26/23 27/2 expended [ 1 ] 41/4 Expires [ 1 ] 47/19 explained 111 23/23 explanation II 45/21 extended 111 12/5 extra111 28/10 extremely 111 24/11 47/10 47/18 folding l 11 19/9 folks [11 13/5 follow-up [11 39/20 for --12] 38/538/6 foregoing 111 47/6 forever [11 34/23 form [11 9/3 Ilrrnlally [11 15/12 forward [10] 3/24 4/23 5/1 27/3 27/5 29/2 29/3 29/6 34/4 43/20 found 1 l ] 16/11 four [ 1 ] 9/15 frame [11 34/25 framework 13] 27/2 28/18 43/24 frankly [11 24/16 friendly 111 44/22 front 111 17/8 fronton [51 11/1815/22 20/17 21/3 24/15 function 111 2/9 further 131 22/24 24/3 47/7 future 111 22/5_ G F facilities [6] 2/12 6/14 6/21 18/1018/10 36/21 facility 1161 4/114/1.3 4/15 5/25 6/2 6/7 7/5 10/16 11/15 11 / 16 11/17 12/9 15/21 29/4 29/21 341/20 fact14] 12123 13/9 14/2032/6 facts 111 16/17 factually [1] 26/21 fair [3] 31/22 36/15 36/18 fairness [2] 31/19 42/18 fall 16 1 19/15 19/ 16 19/ 1819/24 21/ 18 30/22 falls [21 19/21 21/5 family [5] 4/7 11/6 15/11 16/6 34/21 far [2] 31/1431/17 favorable [1] 44/24 fear [ 1 [ 7/4 February [1] 32/15 feel [3] 13/9 32/4 32/4 feel — Ill 32/4 few I I ] 11/9 Whims [I] 29/21 figure [1] 12/20 FILE 121 1/112/2 final [ 1 ] 35/15 finally I2] 6/5 6/20 financial [1] 8/17 financially [1] 47/9 financing 12' 32/20 32/22 find 121 8/18 24/7 finding 141 43/17 44/3 44/6 44/9 fine [1] 39/5 Jinn 111 4/4 first 151 5/3 5/1617/18 21/2121/22 five [2] 9/15 32/25 Hagler 131 4/7 5/19 15/12 flawed [ll 5/3 Florida [151 1/3 2/7 11/5 13/1 13/13 15/10 18/12 19/24 25/14 30/12 30113 42/9 47/2 gamble [21 10/1731/8 gambling [34] 2/12 2/13 2//14 2/23 3/15/15 5/16 5/23 5/24 6/3 6/7 6/24 10/14 10/24 11/19 14/15 14/22 15/21 15/24 16/8 16/12 1817 18/9 18/14 19/8 29/4 30/11 30112 30/19 31/7 34/21 34/24 35/7 36/16 game 171 15/25 18/24 18/25 19/6 31/2132/2 34/25 games [61 15/2519/3 23/2130/16 30/17 3117 gaming 111 8/20 (;aravaglia [2] 1/1646/12 Gauger 11] 1/23 general[2] 5/14 11/19 generally [ 11 22/2 gentientan 111 36/10 gentleman's 111 32/8 Gersten 151 1119 36/7 36/7 43/9 45/17 get [91 3/22 10/22 15/4 27/9 27/9 27/11 32/22 34/7 38/12 gets [4] 37/17 37/18 38/13 41/23 getting [3] 3/15 3/15 32/20 getting --[1 ] 3/15 GG [11 47/19 give [2] 15/143/5 given [2] 25/10 27/1 gn [181 7/2510/6 12/19 23/14 24/19 27/8 27/15 28/9 28/21 29/5 33/1 33113 35/13 37/1 37/7 43/1043/1143113 goes 131 23/2 32/6 33/20 going [17] 8/13 8/25 10/6 11/9 11/25 13/13 15/20 21/10 22/1 23/11 23/14 25/15 25/25 30/9 37/13 43/10 43/11 gone 131 9/23 34/2034/21 good [91 2/18 4/2 9/15 11/313/21 14/24 14/24 15/3 29/23 got181 12/12 13/4 18/1 30/4 32/12 32/25 36/24 42/24 gotten [ I 1 37/2 government 11 ] 40/25 grandfather 121 39/8 40/23 grandfathered 12] 37/21 37/24 granted [4] 20/15 25/13 26/25 43/23 great 131 23/19 24/13 24/23 guys 18] 23/7 26/23 26/25 35/11 35/11 35/12 35/12 39/24 had -- [21 30/9 36/21 hand 111 42/22 happened [21 7/3 39/5 happening 111 6/25 happy [11 35/9 hard [21 24/6 33/10 has [411] 4/104/23 6/116/24 7/1 7/2 7/3 7/17 9/25 11/24 15/11 15/16 15/17 15/18 15/19 15/22 23/23 24/10 24/17 25/3 27/19 28/23 31/2132118 34/2134/22 34/23 36/11 39/16 40/13 41/3 42/7 42/12 42/21 43/9 43/17 43/19 43/19.43/2145/7 hasn't 111 2S/17 have184] have -- [31 11/20 37/10 39/19 haven't [31 25/17 25/2138/22 Ha veni ek [3 ] 4/7 11/6 15/9 Haveniek's111 18/21 he 171 28/23 36/10 36/1141/15 42/19 42/23 46/2 hear [31 7/14 28/22 42/17 heard [3] 8/9 9/2 18/23 hearing [41 8/1014/16 14/22 22/6 hearings 12] 8/24 14/18 lielfman [41 14/7 40/21 42/7 42/12 Helfman's [ 1 ] 42/19 Herald 131 13/4 34/14 35/25 here [2l] 2/19 3/1 3/10 4/6 6/22 7/10 11/5 23/17 25/3 27/15 27/22 30/14 33/10 34/23 34/224 34/24 35/9 35/25 41/8 41/10 43/4 hereby [11 47/4 Hey 111 36/14 Hi [21 9/19 15/9 him [21 31/I9 42124 himself [2] 12/20 46/3 hold 13] 35/12 35/12 35/12 holding [I] 33/16 Holland [1] 4/4 honest [1] 12/15 hot [ 1 ] 9/22 how [6] 6/18 28/12 31/13 35/23 36/13 44725 how -- 111 35/23 Huh 111 44/7 I H had [51 12/11 341/9 36i7 36121 42/16 I -- [2] 17/1624/6 I'll [ I 1 16/22 I'm [28] 2/19 4/3 4/6 8/25 9/23 111/18 15/20 17/18 17/21 19/16 20(21 21/21 22/ 1 22/5 25/25 26t7 28/128/19 32/2 33/22 36/5 38/9 39/9 40/4 441/17 40/17 43/11 44/21 I'm -- [ 11 33/22 I've [2] 10/7 34/20 II3111 2/2 idea [2] 19/4 29/19 illegal [2] 5/13 6/23 illegal -- [ I] 6/23 illegally 11] 19/2 illustrate 111 2/20 imagine [11 10/12 immediately [11 4/16 important 16] 11/11 12/16 14/7 14/9 29/25 30/2 important -- III 14n impress 11I 11/7 in -- [ 1 ] 24/3 inclined [21 28/5 32/2 include 121 12/10 21/6 include -- [1] 12/10 included [31 11/17 11/18 16/4 including [5] 2/13 613 8/9 11/21 11/22 including --Ill 11/21 m 0 a Nv iw c cr F. 51 I incorrectly 111 42/12 indefinitely 121 27/7 28/3 industries 111 6/19 Ines [21 4/311/9 information 11 ] 39/17 instance 121 24/24 26/16 instructed 111 4/20 instructing Ili 29/1 interest12] 8/17 9/12 interested 111 47/9 interpretation [21 21/19 21/23 interpreted 12] 6/3 912 invested [21 31/13 36/2 is [1441 is-- [2] 3/818/22 isn't [11 18/15 issue [5] 7/1 7/11 23/17 23/17 40/22 issued 151 4/14 20/2 29115 31/4 42/21 issues 131 6/19 10/1 40/I 1 it ] 1141 it's [401 2/23 3/2 6/24 8/22 10/1311/16 12/2 14n 14/9 14/24 18/17 19/19 20/5 24/6 24/9 24/9 24/23 27/18 28/9 29/2 30/2 3216 32/23 33/14 33/14 33/16 34/1 34/2134/25 36/15 36/17 38/19 38/23 39/2 39/15 40/18 40/25 41/12 44/14 45/1 it's --11 ] 24/9 item 141 1/9 13/23 27/7 46/17 its 141 23/18 24/5 42/2 42/14 itself 121 24/3 28/18 Inv 111 15/9 el Jai 111 5121 Jai -alai [151 4/15 11/18 15/22 16/18 18/21 19/4 19/919/18 20/17 21/3 24/15 30/10 34120 34/22 35/4 JANICl[21 47/447/17 January 151 12/13 17/2532/15 32/16 32/19 Jeremy [1] 1/23 journey111 31/14 judgment 111 44/10 July 17] 5/8 5/9 26/9 28/13 33/23 34/143/16 July -- 111 33/23 jump [11 27/20 June [11 17/24 just 1361 2/20 3/6 3/14 8/18 10/2 13/8 16/16 17/3 21/20 22/24 24/8 24/21 25/18 26/3 26/11 28/23 31/6 31/16 32/4 33124 3416 34/19 35/23 36/4 36/12 36/14 36/18 37/9 37/17 38/9 40/16 41/20 44/22 45/5 45/8 45/20 just — I3] 24/2132/4_40/16 last [ 1 ] 4/19 Tate [I] 24/9 later [11 22/24 law 17] 4/4 5/14 5115 615 20/9 40/10 40/25 laws [ 1 ] 3/1 leaning 11 ] 8/7 learn 111 10/5 least 141 20/25 24/18 39/8 41121 legislation 141 8/11 8/19 14/2 26/12 (.eon 111 14/8 Le 11] 13/14 lesson 11 ] 24/11 let 14] 7/817/8 25/2 27/22 let's 161 12/15 28/9 35/12 43/8 43/13 44/16 letter181 5/25 17/23 29/14 29/22 29/23 32/21 32/25 34/18 letters1231 12/18 13/2 13/3 17/1 17/16 18/1 21/1 21/20 21/24 21/24 22/2 22/8 29/12 29/12 29/20 29/22 30/ 1 31/2 31/5 32/12 33/3 33/5 36/11 license [31 4/10 4/14 20/1 life 121 14/25 34/20 like [201 3/23 9/210/22 14/21 19/122/7 23/7 23/17 24/8 24/19 25/8 26/12 27/2128/22 29/ 10 32/5 32/15 32123 41 /3 4212 like--[1] 32J23 limit 11) 4/24 limited J I ] 2J14 listed [21 17/12 18/5 litigated [21 22/4 40/11 little [31 11/10 28/10 34/5 live [21 10/12 11/4 local [6] 3/18 26/17 28/15 28/16 28/17 40/25 location [ 1 ] 4/15 locations 111 12n long [1] 32/19 look [3] 14/9 23/24 36/14 looks 11 ] 24/13 lot 121 6/13 36/3 keep[11 11/11 keeping 111 3111 kind 191 8/17 10/9 10/15 28/11 31/23 31/23 33/9 33/15 37/21 knee-jerk 111 32/7 Knight [ I 1 4/5 know [24] 6/18 6/23 11/18 11/19 11/24 12/19 17/17 17/17 20/6 24/4 26/17 29/5 29/8 32/17 33/15 33/23 34/7 34/7 35/25 38/20 39/164011741/1 41/8 know where 111 6/23 known 131 15/17 15/18 15/19 M L language [61 4/23 5/6 16/5 16/15 42/2 43115 ma'am 111 9118 machine 111 2/15 machines 121 16/4 1911 Madam 111 9/8 made 131 11/9 16/14 34/12 Magic 19 [ 4/8 5/20 8/4 11/7 12/3 15/11 34/23 35/2142/111 majority 151 8/23 44/23 45/2 45/9 45/11 make [ l 11 6/18 7/23 7/25 12n 1319 3517 35n 35/8 36,23 43/14 44/12 making [3] 40/1843/16 44/10 Malaga [1] 11/4 man [ 1 ] 42/12 management 11 ] 4/21 Manny [ 11 11/4 Manuel [ I ] 1/20 many [21 6/12 12/21 map [t] 14/10 maquinitas 111 19/3 March 11 1 32/15 Marrero 111 4/3 matter [2] 17/1040/25 may 181 7/9 21/25 2211 22/4 29/7 29/17 33/17 43/1 maybe [2] 24/3 33/1 me [18] 9/5 10/4 10/8 10/ 1310124 11/14 11/15 17/8 17/8 2215 24/6 25/2 25/10 28/4 31/22 32/21 33/8 33/19 mean [10] 16/17 22/6 22/16 26/14 26/20 26/21 27/11 31/1833/23 34/24 media [ 1 J 7/11 meet (11 30/18 meeting [71 4/19 8/3 8/5 8/7 9/21 35/6 47/5 meetings 111 36/25 MEMBERS 121 1/14 4/2 men 111 16/8 mention [II29/11 mentioned 11 ] 30/1 message [1] 31/24 MIIAMI1271 1/1 1/3 2/3 215 217 5/16 5/17 5/18 5120 5/23 7/17 9/2010/12 11/5 11/13 12/22 13/4 13/15 14/12 15/10 18/14 19/8 20/4 20/12 32/147/5 47/10 Microphone 111 40/20 middle [3] 32/2 36/13 37/11 might [11 42/23 Milian [2] 1/17 46/6 million ]1] 31/16 Min I l ] 17/24 mind [2[ 11/12 11/12 minds 111 33/3 minor 111 14/18 minutes [21 3/25 11/9 mistaken [2] 21/2242/20 misunderstood [ 11 17/21 money 141 31/2436/336/104115 months [11 5/12 more 18] 7/7 11/10 13/14 16/18 19/22 24/20 30/8 31/11 most 121 26112 26/15 motion 19] 3717 43/10 43/12 44/1 44/3 44/12 44/14 45/15 46/14 move [41 4/25 27/3 27/5 38/10 moved [1] 43/20 moving 111 34/3 Mr [2] 43/9 46/12 Mr. [24] 41217/19 18/2128/20 30/5 3017 35/14 36/7 36/7 37/6 3717 39/19 39/21 42n 42/12 42/19 44/20 45/17 45/19 46/146/4 46/6 46/8 46/10 Mr. Althahe [1] 46/1 Mr. Chair 12] 17/19 39/19 Mr. Chairman 11 ] 4/2 Mr. Collins 141 28/20 30/5 3717 46/4 Mr. Collins' [11 39/21 Mr. Dominguez 151 30/7 35/14 37/6 44/20 45/19 Mr. Gersten [2] 36/7 45/17 Mr. Gersten -- [ 1 ] 36/7 11 r. Haveniek's [11 18/21 Mr. Helfman [2] 42/742/I2 Mr. Helfman's 111 42/19 11 r. Milian [1 1 46/6 Mr. Parrish [ 1 ] 46/8 Mr. Vadilla [11 46/10 much 161 13/19 14/316/19 20/8 25/25 31113 Multiple [ 1142/2.0 must [2] 20/2 20/14 mutucl [11 31/1 my 1241 4/3 6/10 9/3 10/2 11/3 11/8 15/11 16/618/22 22 7 23/18 27/24 32/22 33/3 33/1133/14 34/20 34/20 34/21 35/15 36/9 40/16 471747/19 myself 131 8/15 1215 24/6 name [3] 3/24 4/3 11/3 narrow 111 23/21 natural [1] 39/14 necessarily [2] 31/8 3816 need 171 8/15 27/3 32/23 38/18 38/21 39/10 391I8 needs 12] 26/15 29/5 52 N neighborhood [111 8/20 8/219/4 9/23 10/6 10/I0 10/11 10/15 10/23 11/1 14/23 neither [3] 15/23 15/24 40/19 Nelson [21 9/1913/24 never [21 8/1315/14 new [2] 8/13 27/5 newspapers 111 4/11 no 131 ] 1/911112/6 6/6 7/1 13/23 16/7 17/11 17/11 17/13 17/1319/3 20/20 23/4 23/21 25/18 26/19 27/17 31/1 1 33/6 33/11 34/17 36/14 4117 41/10 41/18 41/25 45/10 46n 46/947/19 nobody [41 5/22 7/1 7/10 3518 non I I ] 30/12 none 11 I I6/21 Norman [ 1 ] 35/20 North 11 ] 9/19 Northeast [2] 13/22 42/9 Northwest [ 1 ] 15/10 not 1601 not -- [11 28/19 Notary [ll 47/18 notes [ I ] 47/7 nothing [91 7/3 13/14 13/14 14/16 16/18 20/9 26/23 41/11 43/1 notice 14] 5/7 26/13414 41/21 now 116] 5/19 12/15 13/14 16/13 18/23 19/7 21/8 21/17 22/6 22/23 25121 26/12 26/24 27/3 27/4 35/24 nowhere It] 16/10 number 111 45/10 a organized [11 8/3 other [ 13 ] 6/6 7/8 7/14 8/8 8117 16/9 18/10 21/13 24/17 29/8 36/17 37/2 41/18 others [11 42/16 our [151 3/15 4/25 4/25 5/1 5/5 6/10 10/6 13/1 16/16 20/4 20/11 20/13 24/18 28/25 42/22 our--I1] 6/10 ourselves [ 1 ] 12/16 out [5] 10/212120 26/12 34/14 35/24 outcome 111 9/10 outlined 11 ] 3/5 over [2] 27/20 31/16 Overwhelming [11 9/3 own [5] 9/3 29/6 29/17 36/15 41/6 owned 11 ] 15/11 owner [2] 7/16 8/4 owners Ill 4/8 P obtain [ I I 13/12 obtained [31 12/11 12/25 41/5 obviously [3 ] 8/19 29/8 36/2 occur [21 14/1014/12 occurred [11 12/4 of -- 111 26/20 off-track [ 11 21n offered [1] 16/1 offices [11 4/5 tlh[1] 34/6 okay 1171 8/2 9/13 9/13 12/15 12/18 16/24 18/418/13 18/2019/22 20/24 21/7 23/6 26/2 30/18 36/12 41/12 Onmi l l l 16/9 m -- [11 38/17 one [18] 7/4 7/10 8/8 13/1016/7 16/2517/6 17/18 18/2 18/7 19/20 21/2130/8 33/11 33/ 1 7 37/9 42/2145/5 one -. [ 1 ] 21/21 cites 121 26/6 33/18 only [12] 3/17 6/5 6/812/25 16/18 2615 26/16 33/8 33/18 37/23 41/19 41f22 open [2] 3/2135/9 operated [1 ] 15/11 opinion [111 8/6 8/1.2 9/3 9/4 11/1311/20 12/11 23/18 33/11 33/14 40/24 opinions [2] 9/2 22/7 opportunities [1] 7/2 opportunity [1] 36/8 opposed [ 1 ] 101/19 order[11 10/22 Ordinance [261 215 216 2n 2/23 4/9 4/17 4/21 4/22 5/6 6/8 14/14 17/12 17/13 18/5 18/7 26/19 27/9 29/2 33/15 33/20 38/23 39/4 39/13 41/11 41122 45/23 Ordinance -- [ 1 ] 27/9 ordinances 12] 26/17 42115 P.m I 11/5 pages 11 ] 47/6 Pan II] 1/3 paper121 39/25 40/13 pardon 111 11/15 pari [ 1 ] 30/25 pari-mutuel [2] 2/14 21/6 Parrish [2] 1/19 46/8 part 18] 2/22 20/25 22/9 22/10 28/19 44/3 44/6 44/9 partake I I ] 10/17 participate [2] 8/25 9n particular [41 14/11 31/14 33/17 35/19 particularly [1] 12/2 parties I11 47/8 parties' 11 ] 47/9 parts PI 16/24 18/6 pass 14] 25/9 27/19 33/14 45/23 passed [21 28/25 41/24 passes [31 25/ 19 41 / 14 46/ 14 past [3] 6/11 27/10 27/12 path 11] 39/6 pay [ 11 5/8 pending I l ] 6/6 people ill] 5/7 6/8 7/8 9/5 10/4 10/1616/11 24/19 41/20 42112 42/13 perfectly I1 33/13 period [2] 10/14 44/14 permissible [11 42/17 permission [11 39/20 permit [8] 13/1 13/12 25/14 31/4 38/2 39/7 42/25 43/3 permits 111 ] 25/15 37/1137/14 38/12 38/18 38/21 39/10 39/17 41/5 41n 42/20 permitted 12] 15/15 39/4 permitting [3] 37/12 37/20 38/15 person 121 7/1414/11 personal [1] 8116 pertains [1] 30/25 Peter 111 13/21 physical [1] 42/25 picking [ l ] 37/4 piece 121 39/25 40/13 pigeon [1 ] 33/16 place [4] 24/12 26/24 33/10 43/24 PLANNING [4] 1/1 1/23 21314/1 please [ 1 ] 10/23 point [5] 11/24 13/11 33/19 35/18 42/19 points [2] 7/8 11/8 poker [9] 15/23 16/ 1718/22 18/2419/9 19/18 24/16 30/10 3515 Police I 1 ] 10n policy [5 ] 14/24 23/19 24/14 24/23 24/23 politically 111 7/16 Ponce II ] 14/8 portion [2] 33/1 43/16 portion -- I 1 ] 33/1 position 121 24/738/13 positive 11 ] 11/20 possession 111 42/22 potential 111 15/22 power [ I ] 3/15 powerful 1 11 7/16 predicated [ 1 [ 32/24 preempt' l ] 28/18 preempted I I ] 28/15 preemption 111 26/18 preempts [11 28/16 PRESENT 12] 1/151/22 President [11 10/2 pretty 12] 25/5/24 32/21 previous [21 12/12 36/23 previously I1 21/17 Priegues 11] 11/4 primarily [2] 2119 21/11 probably [2] 9/143/5 problem [2] 16n 3213 problems [2] 24/17 24/18 procedure111 2S/2 proceeding [ II 29/17 proceve-s 18] 3/4 15/17 22120 22/72 22/23 22/23 23/8 37/20 produced III13/4 Professional [2] 47/447/18 professionals Ill 12/22 proffer [ 11 3717 progress 12] 42/15 43/2 project [61 16/16 25/12 25/16 27/8 33/17 43/20 projeets[11 39/2 proliferation 11 ] 6/16 property I 1 ] 7/16 proposal [31 4/18 5/145/22 proposed [5] 2/20 7/13 8/11 14/2 29/2 proposing 111 19/7 protected 11] 41/15 provide [ l ] 2/11 providing [1] 2/17 provision [3] 41/19 42/14 43/2 public [7] 3/22 3/23 8123 23/19 24/14 24/23 47/18 pulling [1] 13/15 purple[2] 3/83/12 purports [1] 5/14 purpose [1l 12/1 purposes [ 1 ] 5/5 pursuant [2] 2/15 9/12 pursue j I] 36/14 pursuing [21 25/12 29/4 put [7] 14/23 16/3 24/6 25/25 26/24 34/6 36/18 puts l l 124/12 putting [3] 5/7 22/7 34/4 PZAB 131 13/23 23/12 47/5 Q quality III 14/25 question [12] 17/2219/23 25/3 30/8 31/12 37/9 38/20 39/20 39/2140/7 40/16 45/5 questions [5] 2/20 3/2016/23 26/22 31/11 quick [2] 31/245/5 quorum [2] 9/15 9/17 53 0 8 tis V t N 0 r tp 0 a m c t 3 fi 0 raised [11 7/1 ran [1l 4/16 rather I I] 9/6 reaction 1 2 ] 6/12 32/7 reactive[l] 7/4 read [ 1 15/5 reading [ 1 ] 37/19 readings[l] 23/12 real [II 31/2 really 110] 2/23 4/9 5/22 7/10 8/13 11/11 11/11 14/17 16/11 17/9 reason 121 32/9 34/1 reasonable [2] 28/9 42/13 reasons[1] 24/14 recall [11 6/14 received I1] 5/25 receiving [1] 36/11 recent [II 26/15 recent --[1] 26/15 recess ll] 4/20 recommend [1] 45/4 recommendation [4] 14/127/12 27/25 44/24 recommending 121 2/4 27/12 record 14] 15/20 36/19 42/8 47/7 recording II] 47/5 recuse 111 8/15 mused [21 35/3 46/2 recusing [ i ] 9/12 red 13] 318 3/11 14/13 reference[11 11/13 referenced [11 30/14 references [2] 30/21 30/25 regarding [21 21/9 39/17 Registered 121 47/4 47/18 regulate 111 5/15 regulated 141 2/25 18/10 19/12 19/14 regulating [11 3/17 regulation 111 2/24 Regulations [ I] 2/11 related [1] 31/8 relation 111 3/10 relative [2] 47/847/8 reliance [3] 23/20 31/4 43/20 relied [3] 41/3 43/17 43/19 rely [2] 221432/22 relying [11 29/25 remember [2] 36/25 38/25 reminder 111 44/23 removal [1] 37/16 removing 111 38/11 repeat [41 17/317/4 40/5 42/25 repeated [ 1 ] 20/4 repercussions [11 10/8 report [1] 47/5 REPORTER [ 3 ] 47/1 47/447/ 18 represent 111 6/13 representations 12] 43/18 43/19 representatives [2] 7/1512/3 representing [I] 33/7 representing --11 ] 33/7 request [ 1 ] 12/5 requested [1] 47/6 require [1 ] 2/13 required [21 20/5 44/23 requirement [21 20/3 30/20 requirements [41 20/22 20/23 30/13 45/h requires [2] 19/25 20/9 research [ 1 ] 19/20 researching I 1 ] 12/1 residential [2] 8/20 10/25 Resolution [41 2/3 25/8 28/2535/22 response [ 1 ] 4216 result [21 12/13 12/24 retroactive [13] 5/4 26/3 26/4 26/8 26/9 28/7 3217 32/10 33/24 36/23 37/17 38/11 41/12 retroactively [1] 25/9 retroactivity [51 37/5 41/10 41/12 41/19 41/25 retroactivity -- [11 41/12 review [11 47/6 right 126] 3/2013/1313/1619/4 22/6 22/15 22/22 23/5 23/6 24/25 25/21 26/25 27/15 27/22 30/3 31/ 10 33/3 35/23 35/24 40/6 40/23 43/2143/23 44/13 45/14 45/23 rights [9] 4/25 5/5 25/9 37/24 37/25 40/2 441/8 40/12 41/15 risk [3] 29/6 29/18 36/15 rock [1] 33/10 roll 11 ] 45/16 Rem I I] 42/8 room [71 9/22 15/23 20/1 20/15 20/22 21/4 24/16 rooms 121 2/14 19/24 route 111 39/14 rowelled [11 13/5 rug111 13/15 rule 121 19/12 39/24 rules [8] 29/6 29/24 31/20 32/132/5 41/1 41/2 41/22 ruling I11 40/13 Russell [2] 16/2 35/20 s safe 111 38/13 said [13] 21/20 22/1125/4 26/23 30/10 32/1132/24 36/22 37/1 37/141/9 41/9 42/12 sailed [1] 24/10 same [8] 3/9 3/9 12/4 12/1312/23 20/333/10 39/22 same -- III 3/9 say [13] 8/8 8/18 20/6 21/9 24/5 24/15 25/1 25/5 28/9 28/23 29/1.6 36/14 4319 saying [61 6/1 18/2 27/4 29/3 33/16 34/6 says 17] 14/14 25/2.5 29/13 29/22 41/11 41/20 45/6 scale 11] 24/4 second [61 37/18 44/144/17 44/18 44/20 45/15 secret111 15/16 Section [3] 218 211018J11 suctions [1 ] 19/17 see [12] 3/22 6/1814/13 23/15 24/20 32/8 33/4 33/9 35/23 36/12 43/9 44/16 Seeing [11 16/21 seeking [ 1 ] 22/13 seem [31 24/25 31/21 35/16 self 121 6/14 6/21 selling II] 16/10 sends 111 31/24 sense 121 39/7 40/18 separate [2] 21/12 21/14 separate -- [ 1 ] 21/12 separated 111 21/13 September 141 1/4 5/10 47/5 47/k0 set 111 15/20 shipll 24/10 shocked 12] 145 10/5 should [51 5/8 8/22 10121 10/25 41/20 shouldn't [21 24/15 33/25 similar [II 39/6 simply 111 42/11 since 12] 3/16 15/13 single [1] 14/18 sir [6] 7/22 13/20 35/2 35/2 36/6 37/14 sit [11 35/9 site [1] 7/13 sitting 11 1 2216 six-year[11 15/17 skill [5] 15/25 18/25 19/6 30/17 31/9 slot [3] 2115 16/319/1 so [601 some [9] 3/15 4/12 4/22 5/611/819/20 32/12 37/4 37/14 somebody 141 11/25 31/22 36/2 41/3 somehow [1] 29/19 someone [2] 18/23 23/23 something [10] 8/13 11/25 2214 24/19 25/4 25/5 41/4 42/11 42/23 42/24 sorry 15 ] 17/1.417/2140/4 40/17 44/21 sort [61 2/25 3/15 3/18 26/16 26120 38/1 sought [1] 11/12 sound [11 29/10 sounds 12] 22/7 41/1 speak 111 7/9 speaking [II 13/22 special I] 8/23 specific 111 19/23 specifically [51 18/15 22/20 29/15 30/24 31/22 spent [2] 36/1036/11 s-pokel1l 13/25 sport [2] 19/5 19/5 staff [31 1/22 6/18 37/1 stall 121 27/14 27/22 standpoint I1] 31/19 start [21 26/12 34/3 started [4] 4/16 37/13 37/20 38/14 state [30] 2/24 2/25 3/16 3/16 4/14 9/10 13/1 13/13 18/17 18/18 19/12 19/13 19/17 20/2 2015 20/9 25/14 26/16 26/18 28/15 30/13 30/21 31/2 31/3 31/4 43/18 43/23 43/2447/2 47/18 State -- [II 31/2 stated [l] 34/2 statement 111 35/15 stating[1] 30/11 Statute12] 20/6 40/3 Statutes [41 18/1219/24 30/13 30/21 stenographic 111 47n stenographically 11] 47/5 step 111 28110 Steve [21 14/7 40/21 still [4] 9/14 9/16 33/12 33/13 stop 12] 25/22 25/22 stopped111 36/24 storage 141 6114 6/2136/2139/1 straight 11 ] 15/20 strange [ 1 ] 24/12 Street [2] 9/25 13/22 strictly [1I 40/15 strike 111 43/15 strong [11 10/20 structure 11] 38/7 stuff [21 25/15 29/9 submitted 111 37/10 sutxstantial [2] 18/641/4 such [21 16/7 29/21 sudden 11] 35/25 Sue [2] 9/1913/24 suggesting 11 ] 14/21 summer 111 4/20 super [3] 44/23 45/1 45/11 Supplemental [ 11 2/11 support [6] 13/24 13/25 15/5 15/6 24/22 54 ID -4 ro n 0 V 0 i 0 Fir r) n co w 5 support... [ 1 ] 24/24 supporting 111 9/6 sure [91 6/19 9/2312/713/919/17 28/13917 3919 44/15 surprised [11 9/5 system 111 39/8 table [31 2/10 3/2 22/17 take 13] 22/1 25/9 39/1 takes [11 44/22 talk 131 22/23 24/18 28/10 talked 111 10/7 talking 11] 41/8 Tangentially [1] 18/20 target[I] 4/9 targeted [2] 14/11 35/17 targeting 121 16/6 35/21 technically [II 3/14 toil [3] 9/21 10/3 22/2 telling 121 1018 10/13 tells [ l ] 42123 temperature 111 9122 ten [21 16/816/12 terra [1] 21/6 terms [II 32/20 text [3] 4/22 17/7 27/ 1 8 than [3] 13/14 16/9 34/5 Thank [15] 7/6 7/19 7/2011/1 11/213/18 13/19 14/3 14/4 15/6 15/8 16/18 16/20 18/4 46/16 that[1991 that --141 6/1919/16 30/1133/9 that's [221 16/16 21/14 23/8 23/16 24/25 26120 28/14 28/19 29/7 29/24 32121 34/2 34/3 34/5 34/9 34/16 34/19 35/5 38/5 38/5 38/6 3817 the --131 22/1137/16 44/11 their [10] 4/19 15/1 26/25 27/8 29/6 30/20 37/20 38/12 39/17 39/18 them [14] 6116 11/21 13/16 15/5 15/6 16/10 17/4 27/22 29/13 29/20 39/8 39/1139/12 41/16 then [14] 3/4 3/1015/4 17/25 18/17 19/9 21/24 22/9 22/10 22/20 25/20 42/3 42/16 44/12 then -- I 1 122/9 there 146] 3/6 3/8 4/12 4/18 4/22 5/6 5/7 6/6 6/15 6/17 6/25 7/2 7/10 8/4 8/12 9/2510/1 10/14 14/16 16/7 16/24 17/5 17/5 17/11 17/15 17/23 18/6 18/15 2012 24/15 25/25 27/4 33/1133/25 34/8 34/10 34/1134/17 40/10 41/10 41/1041/18 41/2041/2442/25 43/25 there's [31 19/5 38/145/10 these [181 3/13 6/2512/16 12/1612/17 12/21 13/3 16/8 16/11 21/5 21/17 24/4 26/25 2S/11 29/20 32/18 36/25 40/11 they [80] they -- [21 34/741/9 they 'II 11 ] 15/4 they're 111 22/19 thing [7] 12/413/17 24/21 27/5 28/9 29/8 33/8 things [6] 12/16 12/21 14/19 19/1 28/11 45/11 think [30] 10/2010/20 10/24 11/10 14/7 14/9 21/25 23/24 24/9 24/10 24/11 24118 24/23 25/24 26/14 28/8 29/24 30/2 3014 31/2432/6 34/5 36/1 36/1536/16 36/17 37/4 39/6 44/5 44/8 think -- [ 1 ] 36/16 thinking I 1 ] 25/22 this [1121 this -- [I] 38/10 those [l1j 3/9 3/9 17/3 19/12 19/21 22/1 2218 29/11 29/12 30/15 43/19 those w[1I319 though [6] 4/12 10/13 2.3/17 26/24 3116 39/3 thought [2] 36/9 45/8 three [7] 2/22 9/15 16/24 18/6 19/17 2219 22/11l three-part 111 22/12 threshold 131 38/2 39/23 40/15 through 151 27/20 35/13 37/3 37/18 47/7 Throughout [21 14/1219/2 throws I] 31/23 lhus [ 1 ] 31/13 time [51 5/22 6117 8/9 33/11 43/22 timelime [11 38/10 timeline [2j 39/12 39/18 times I I] N12 to -- [ 5 ] 7/2130/22 32/3 44/24 45/20 to do [If 18/3 to the 1121 2/24 3/2 3/22 8/21 16/22 19/11 27/25 28/2 28/1037/2 38/25 41/6 today [61 4/17 5/9 519 29/14 29/23 36/1 told [4] 16/4 25/18 25/2135/6 tonightlll 7/15 twill 24/9 topic [II 39/22 totally 12] 7/4 8/6 towards [ 1 ] 8/7 Tower [ l j 10/3 Track 121 5/1915/12 traffic I l J 10/1 transcript [2] 47/6 47/6 tries [21 4/24 5/3 lrouhie [ l 125/21 true [11 47/7 trying 13] 5/ 10 5/ 15 12/7 turn [11 23/7 two 181 3/25 5/11 717 17/5 18/2 20/25 21/2 23/12 type [2] 24/21 36/17 types [3] 21/17 24/1 38/17 tvnie"al [ 1 l 21/20 uses 1111 2/9 2/13 2/15 3/36/12 21/13 21/18 21/21 23/5 23/25 24/2 W vacuum 111 12/18 vadilla 121 1/20 46/10 valuable 11 ] 24/11 venture [11 3218 verification [71 12/17 13/2 17/1 17/16 21/1 21/24 29/14 versus 111 22123 very [14] 7/15 8/13 12/1513/513/6 13/19 14/314/6 14/181119 23/21 29/9 31/22 33/17 vested [2] 4/25 40/2 vesting II] 40/7 vetted 111 12/21 Vice[l] 42/5 Vice -Chairman ]11 1/17 view 11] 35/18 virtue 11 ] 40/23 voluntarily [1] 1N1 vote [15] 2/17 911 9/7 10/19 10/21 20/2 20110 20/14 38/10 44/22 45/6 45/8 45/21 45/21 46/14 w U unanimous [1 110121 unbiased 11 J 8/6 under [121 2/25 13115 18/5 19/15 19/ 16 19/1819/21 19/24 2115 21/18 30/12 43/21 understand [81 21/16 22/10 23/22 31/10 33/9 33/22 35/17 40/16 understanding [2] 18/22 27/24 understood [11 18/24 unfair 12] 36/2 41/2 unfortunately 11 3513 unfortunately -- 111 35/3 units [ 1 ] 37/2 unless [2] 8/12 23123 unreasonable [3] 8/1.9 8/22 23/15 until [2] 12125 13/11 untoward 11l 24/13 up [8] 3/22 9/23 10/4 13/5 13/1124/3 27/25 35/22 upon [3] 3011 41/4 43/21 us [71 6/6 26/13 27/20 27/21 31/336/222 42/18 use 191 14/10 14/12 14/15 14/15 15/3 15/4 23/21 30/12 3817 wagering [2] 19/5 3111 wail II] 27/4 waiver [ 11 38/1 waiver -- [1] 38/1 want [ 15 ] 7/21 7/23 8/2 8/18 13/8 14/14 14/15 15/3 26/24 33/4 36/4 36118 37/7 42/11 45/20 wanted [5] 11/ 7 16/11 34/3 35/6 41/17 was [46] 4/18 4/22 5/18 5/24 6/3 6115 6/17 6/20 8/4 8/6 8/7 8/119/4 9/5 9/2211/21 11 /2212/1012/13 12/23 13/3 15/1515/15 16/4 16/5 16/7 16/14 17/6 17/2317/24 18/7 18/24 18/25 19/5 21/22 22/11 23/14 28/3 30/11 32/24 34/8 34/10 44/2 45/9 4714 47/6 wasn't [3] 12/2534/11 35/16 wasn't -- [1] 35/16 way 161 8/819/25 34/18 34/19 37/23 41/6 ways 111 24/4 we [50] We'll [1] 3/21 We're [11 35/9 we've [4] 15/16 26/21 34/2242/24 well [7] 6/17 25/19 25/24 29/9 29/9 33/18 4019 went 121 13/16 26/16 were 1291 4/12 6/16 6/1912/7 12/813/12 16/816/ 1017/5 17/15 18/2 18/6 21/20 21/24 22/11 22/12 23/22 25/5 27/6 29/15 30/11 30/14 31/2 31/3 35/17 36/21 37/15 39/5 43/22 were --[1] 22/11 West [ 11 4/6 what 129] 3/22 4/23 5/210/23 18/13 19/1 19/7 21/8 21/9 21/1122/3 2219 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43/1 zoning -in -progress 111 2/17