HomeMy WebLinkAboutSubmittal - PZAB Transcript for File No. 4670 - Ines Marrero Prieguez1
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Submitted into the public
record for item(s) PZ.34
on 09/27/2018 City Clerk
CITY OF MIAMI - PLANNING. ZONING & APPEALS BOARD
COMMISSION CHAMBERS
3500 Pan American Drive. Miami. Florida
September 5, 2018
5:30 p.m.
E X C E R P T
ITEM NO:
PZAB.7
FILE NO.: 4670
BOARD MEMBERS
PRESENT:
Charles Garavaglia, Chairman
Daniel Alexander Milian, vice -Chairman
Andres Althahe
Chris Collins
Alex Dominguez
Adam ]. Gersten
Anthony Parrish
Manuel vadilla
STAFF PRESENT:
Jeremy Calleros Gauger, Deputy Planning Director
1
uTAMI-DADS COUNTY COURT
REPORTERS, INC.
(305)
373-5504
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Submitted into the public
record for item(s) PZ.34
on 09/27/2018 City Clerk
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
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existing gambling laws would be applied here,
and it's an amendment to the Table of Allowed
uses in D-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 a-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.
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MS. MARRERO-PRIEGUES: Yes.
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Good evening, Mr. Chairman, Members of
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the Board. My name is Ines Marrero. I'm an
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attorney with the law firm of Holland and
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Knight with offices at 701 Brickell Avenue.
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And I'm here this evening on behalf of west
7
Fl agl er Associates and the Haveni ck family.
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They are the owners of Magic City casino, and
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they are really the target of this ordinance
10
because they have a license that has been in
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the newspapers for a facility on Biscayne
12
Boulevard. And even though there were some
13
articles about this facility about a year
14
ago, when the state issued the license for a
15
Jai -alai facility for the location, the city
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immediately ran and started drafting this
17
ordinance that is before you today.
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There was a proposal before the City
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commission at their last meeting before the
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summer recess where they instructed the city
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management to draft this ordinance. And in
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that text of that ordinance there was some
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language that has carried forward to what is
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before you this evening that tries to limit
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our abilities and our vested rights to move
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forward with our proposal.
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so, what is before you this evening is,
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first of all, it is flawed because it tries
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to create a retroactive application for
5
purposes of our rights. If you read the
6
ordinance there is some language as to
7
putting people on notice, and there is a date
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that you should pay attention to, July 26,
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2018. Today is not. July 26, 2018. Today is
1.0
September. And they are trying to establish
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the cut-off date for certain entitlements two
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months back.
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in addition, it is illegal. This is a
14
law that purports to be a general application
15
law. we are trying to regulate gambling in
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the City of Miami. First of all, gambling
17
already exists in the City of Miami. It
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existed before Miami 21 was adopted. It
19
existed at Hagler Dog Track where it is now
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Magic City Casino, and it existed at Miami
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Jai Alai.
22
At that time nobody really cared about
23
gambling in the City of Miami because
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gambling was deemed to be an entertainment
25
facility, and we received a letter from the
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City zoning Administrator saying that
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entertainment facility, as the city
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interpreted, including gambling, and it was
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allowed in all the T-6 designations.
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Finally, it is a law that only applies
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to us because there is no other pending
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gambling facility. If the City adopts this
8
ordinance, the only people that will be
9
coming to ask for this approval will be
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our -- my client.
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in the past, and the city has amended
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the Code many times, as a reaction to uses in
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the City. For example, I represent a lot of
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self storage facilities, and I recall the
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City amending the Code because there was a
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proliferation of them because they were not
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well designed. There was time to work with
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staff to see how we could, you know, make
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sure that --- that the industries, issues were
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addressed, and finally it was adopted and it
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applied to all the self storage facilities.
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That is not the ease here. we don't
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know where the illegal -- where the effects
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of gambling are, because it's been -- it has
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been happening for all these years. There is
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no complaints, nobody has raised an issue.
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There has been opportunities to amend the
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Code, and nothing has happened. This is
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totally reactive to the fear of this one
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facility.
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CHAIRMAN MR. GARAVAGLIA: Thank you.
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MS. MARRERO-PRIEGUES: I have two more
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points, and I will let the other people
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speak, if I may.
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one is that there is nobody really here.
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The complaints in the media about this issue
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have come from the Downtown Development
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Authority. The proposed site is not in the
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DDA. And the other person that you will hear
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from tonight is the representatives of a very
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politically powerful property owner in the
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City of Miami who has car dealerships on
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Biscayne Boulevard.
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CHAIRMAN MR. GARAVAGLIA: Thank you.
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MS. MARRERO-PRIEGUES: Thank you.
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MR. ALTHABE: I want to --
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CHAIRMAN MR. GARAVAGLIA: Yes, sir.
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MR. ALTHABE: I want to make a
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disclosure.
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CHAIRMAN MR. GARAVAGLIA: Go ahead, make
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your disclosure.
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MR. ALTHABE: okay. I want to disclose
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that I organized a community meeting. The
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owner of Magic City Casino was there, and I
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conducted the meeting. I believe that your
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opinion is that if I was totally unbiased
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during the meeting, or I was leaning towards
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one way or the other. I have to say that at
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this time I have heard everything, including
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the hearing at the City Commission where this
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legislation was proposed, And I have an
12
opinion already, which unless there is
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something really very new, it is never going
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to change.
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so, I don't need to recuse myself
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because I don't have any personal, or
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financial, or any other kind of interest. I
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just want to say that i don't find this
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legislation unreasonable because obviously
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gaming in a residential neighborhood would
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bring a big change to the neighborhood. And
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that should be -- and it's not unreasonable
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to ask for special majority in public
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hearings.
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But I'm not going to participate in the
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vote because I believe that probably it would
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be interpreted as, like, I heard opinions
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that form my own opinion. overwhelming
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opinion in the neighborhood was against. But
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I was surprised that people wrote to me
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supporting the casinos. so, I rather don't
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participate in the vote.
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CHAIRMAN MR. GARAVAGLIA: Madam
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attorney, are you comfortable with that
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disclosure and outcome? State.
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MS. CITY ATTORNEY: Yes. 5o, you're
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recusing yourself pursuant to your interest
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In this? okay. okay.
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CHAIRMAN MR. GARAVAGLIA: we still have
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quorum? Three, four, five, yes, we are good.
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MS. CITY ATTORNEY: Yes, we still have
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quorum.
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CHAIRMAN MR. GARAVAGLIA: Yes, ma'am.
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MS. NELSON: Hi. Sue Nelson, 1900 North
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Bayshore Drive, Miami, 33132. I attended
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that community meeting, and I can tell you
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the temperature in the room was hot. This is
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a neighborhood, I'm sure you've all gone up
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Biscayne Boulevard between 29th and 31st
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Street. It has become so dense and there is
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traffic issues, there is development that is
just out of control. I am President of my
Tower Association Condominium. I 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 I 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 I
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
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neighborhood. Thank you.
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CHAIRMAN MR. GARAVAGLIA: Thank you.
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MR. PRIEGUEZ: Good evening. My name is
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Manny Priegues, and I live at 4000 Malaga
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Avenue, Miami, Florida 33133. I am also here
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on behalf of the Havenick family, and the
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Magic City Casino. And I wanted to impress
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on some of the points that my colleague,
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Ines, made a few minutes ago, and going to
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little bit more detail. I think that it is
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really, really important that you keep in
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mind and bear in mind that in 2012 we sought
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an opinion from the city of Miami reference
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the definition of Adult -- excuse me, not
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adult, pardon me, of entertainment facility.
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It's not an adult facility. Entertainment
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facility. And whether that included, you
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know, Jai -alai fronton, where it included,
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you know, gambling in general, et cetera.
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And that opinion came back in the positive.
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It was considered by them as including --
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including that definition. So, that was back
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in 242..
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so, at that point the city has to know
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that something is going on, or that somebody
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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 3anuary
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
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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, so, I ]List 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 is 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
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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
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will give everybody a chance to have their
2
day.
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And if the use that they want is a good
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use, then they'll get it. And the community
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will support them and the Commission will
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support them. And if not, they won't. Thank
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you.
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CHAIRMAN MR. GARAVAGLIA: Thank you.
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MR. HAVENICK: Hi. Izzy Havenick, 401
to
Northwest 38th Court, Miami, Florida 33125.
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My family has owned and operated the Magic
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City casino, formally the Flagler Dog Track
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since 1952.
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we have never done anything in the City
15
that was not permitted in the city, was a
15
secret, everything we've ever done has been
17
known. This has been a six-year process that
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everybody who is complaining has known about,
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everybody in the City has known about.
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I'm going to set the record straight.
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This is not a gambling facility. It is a
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jai -alai fronton and has the potential to
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become a poker room also, neither of which
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are considered gambling, because neither is a
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game of chance, both are games of skill.
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1 have Voluntarily agreed and offered to
2
Commissioner Russell and to the entire
3
Commission, that we would not put in slot
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machines. I was told I would be included in
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the drafting of this language. I was not.
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This is clearly targeting my family and
7
no one else. If there was such a big problem
8
with gambling, where were these men ten years
9
ago when they bought the Omni. other than
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selling it to them, they were nowhere to be
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found. If these people really wanted to end
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gambling, they would have done it ten years
13
ago. They wouldn't have done it now. And
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they would have made this so that this was
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language that actually covered everything,
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not just our project. And that's it. I
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mean, the facts are, this is poker and
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Jai -alai only, and nothing more. Thank you
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very much.
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CHAIRMAN MR. GARAVAGLIA: Thank you.
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Anyone else? Anyone else's Seeing none,
22
I'll bring it back to the board.
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MR. GERSTEN: A couple of questions.
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okay. There are three parts. If you could.
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one, the dates of the zoning
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Verification letters.
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MR. GAUGER: Yes.
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MR. GERSTEN: Can you just
repeat those?
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MR. GAUGER: Can I repeat
them?
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MR. GERSTEN: There were
two or there
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was one?
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MR. GAUGER: I don't have
the text in
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front of me. Let me --
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MR. GERSTEN: or anyone.
It really
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doesn't matter.
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MR. GAUGER: No. There are
no dates
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listed in the ordinance.
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MR. GERSTEN: No, no, not
the ordinance.
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MR. GAUGER: sorry.
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MR. GERSTEN: were there
not Zoning
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Verification letters? Did I --
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MR. GAUGER: I know -- I
know of the
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first one. I'm not --
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MR. GERSTEN: Mr. Chair,
can I ask
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anyone who can answer?
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MR. GAUGER: I'm sorry, I
misunderstood
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the question.
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MR. HAVENICK: There was
a letter from
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Barnabe Min in 2012, I believe
it was June of
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2012. And then in January of
this year we
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got 19 letters from the zoning Department.
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Not one, not two, 19, saying that we were
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allowed to do this.
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MR. GERSTEN: Thank you. okay.
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so, under the ordinance you listed that
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there were three substantial parts to the
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ordinance. one was about gambling
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definition.
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MR. GAUGER: Definition of gambling
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facilities, or other facilities regulated by
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chapters 550 and 551, and Section 849 of
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Florida statutes.
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MR. GERSTEN: okay. what is the current
14
definition of gambling in the city of Miami?
15
MR. GAUGER: There isn't specifically in
16
the zone.
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MR. GERSTEN: By the state, then. It's
18
a state definition?
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MR. GAUGER: correct, yes.
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MR. GERSTEN: okay. Tangentially to
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Mr. Havenick's comments about Jai -alai and
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poker, it is my understanding, and this is --
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1 now heard it from someone, I always
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understood that poker was not a game of
25
chance, that it was a game of skill, and that
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things like slot machines, or what we have
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Commonly throughout the City illegally,
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maquinitas, are games of Chance, you have no
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idea, right. And that Jai -alai additionally
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was a sport, there's wagering on the sport,
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but that it is a game of skill..
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So, now, what you are proposing to
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define gambling as in the City of Miami,
9
would that be then folding .jai -alai and poker
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into that?
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MR. GAUGER: Because we defer to the
12
State rule, and those are regulated by the
13
state --
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MR. GERSTEN: Regulated?
15
MR. GAUGER: Yes. so, they fall under
16
that -- they fall under Chapter -- I'm not
17
sure which of the three sections of the state
18
Code Jai -alai and poker fall under directly,
19
if it's 550, 551 or 849, I would have to do
20
some additional research on which one of
21
those it is, but it falls under that.
22
MR. GERSTEN: okay. More on that.
23
MR. GAUGER: on that specific question,
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card rooms fall under 849 Florida statutes.
25
And that Chapter also requires, by the way,
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that before any license for a card room is
2
issued by the State, there must be a vote of
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the City Commission. That same requirement
4
is not repeated in our Code -- in the Miami
5
Code. But it's already required in the State
6
statute, which is to say, this is, you know,
7
the concerns about this affecting businesses,
8
the existing businesses, is much to do about
9
nothing because state law already requires
10
that the Commission vote.
11
MR. GERSTEN: our Commission, in the
12
City of Miami --
13
MR. GAUGER: our Commission.
14
MR. GERSTEN: -- must vote as to whether
15
you can be granted a card room.
16
MR. GAUGER: Correct.
17
MR. GERSTEN: But the ]ai-alai fronton
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_-
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MR. GAUGER: Correct.
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MR. GERSTEN: -- no or yes?
21
MR. GAUGER: I'm not aware of the
22
requirements. But for the Card room
23
requirements, yes.
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MR. GERSTEN: okay.
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Part two, the existing, or at least
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record for item(s) PZ.34
on 22 ZV2018 City Clerk
1
based on the zoning verification letters,
2
from both -- two different administrations,
3
allowed for the Jai -alai fronton and a card
4
room.
5
And these are -- this falls under the
6
term pari-mutuel. Does that also include
7
off-track betting? okay.
8
And, so, what now the city is asking for
9
is to say that what regarding D-1 and T-60,
10
what's going to change?
11
MR. GAUGER: so, what primarily is
12
changing is, this is a separate -- this is
13
separated from other entertainment uses.
14
That's why we are creating this separate
1s
definition.
16
MR. GERSTEN: I understand. Because
17
previously, or as it exists now, these types
18
of uses would fall under entertainment.
19
MR. GAUGER: The zoning interpretation
20
letters said they were just typical
21
entertainment uses. The first one -- if I'm
22
not mistaken, the first was a zoning
23
interpretation in 2012; is that correct? And
24
then the letters were verification letters.
25
MR. GERSTEN: I think, yes. we may or
MIAMI--DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
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Submitted into the public
record for item(s) RZ 4
on 09/27/2018 City Clerk
1
may not, but I'm going to take those as
2
generally zoning letters that tell a
3
developer what they can and cannot do,
4
something to rely on. That may be litigated
5
in the future. But to me, from where I'm
6
sitting right now hearing that, I mean, it
7
sounds like I would be putting my opinions on
8
those letters.
9
So, part three, what then -- I don't
10
understand. so, what's part three, then, to
11
the -- you said that you were -- it was a
12
three --part change -- changes that you were
13
seeking.
14
MR. GAUGER: Changing the definition.
15
MR. GERSTEN: Right.
16
MR. GANGER: Changing -- I mean, it is
17
contained within the table.
18
MR. GERSTEN: Yeah.
19
MR. GAUGER: Changing where they're
20
specifically allowed, and then the process
21
for that allowance.
22
MR. GERSTEN: Right. And the process,
23
talk about the process now Versus the process
24
later, or if approved, just further to
25
clarify.
MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
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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
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Submitted into the public
record for item(5) PZ34
on 22 Z7 7018 City Clerk
1
come -- additional types of entertainment
2
uses are coming to the actual Boulevard
3
itself, maybe further up in -- in different
4
ways, you know, in scale to these areas.
5
so, when I say the City at its worst is
6
that I -- it's hard for me to put myself in
7
that position and find that it is appropriate
S
just like any applicant can ask, the City can
9
ask, but I think it's -- it's too late. I
10
think the ship has sailed. It is an
11
extremely valuable lesson, but I think it
12
puts the City in a strange place, and it
13
looks untoward, and for all the great
14
arguments and public policy reasons, you can
15
say there shouldn't be a ]ai-alai fronton or
16
a poker room, which, frankly, with all the
17
other problems the City has, it would be the
18
least of our problems. I think when you talk
19
about people that would go to something like
20
this, I certainly see it as more of an
21
entertainment type of thing. I just -- I
22
couldn't -- I couldn't -- I would support the
23
public policy. I think it's a great policy.
24
I could not support it in this instance
25
because it doesn't seem right at all. That's
MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
24
Submitted into the public
record for item(s) PZ.34
on 0912712018 City Clerk
1
all I have to say.
2
CHAIRMAN MR. GARAVAGLIA: So, let me ask
3
a question. why are you here? Has the City
4
said you can't do something, or that they
5
were about to say something that you can't
6
do?
7
MR. HAVENICK: The City is asking you to
8
bless a Resolution that they would like to
9
pass to retroactively take away the rights
10
that they have given me.
11
CHAIRMAN MR. GARAVAGLIA; so, you're
12
pursuing your project?
13
MR. HAVENICK: we have been granted the
14
permit by the state of Florida, and we are
15
going in for permits, and all of that stuff,
16
to build the project.
17
CHAIRMAN MR. GARAVAGLIA: You haven't
18
been told no, you're just worried.
19
MR. HAVENICK: well, if this passes --
20
CHAIRMAN MR. GARAVAGLIA: Then you're in
21
trouble. Right now you haven't been told
22
by the City to stop work, or stop thinking
23
about this.
24
MR. HAVENICK: well, I think it pretty
25
much says it there that I'm going to be put
MIAMI-DADE COUNTY COURT REPORTERS, INC. [305] 373-5600
25
Submitted into the public
record for item(s) PZ.34
on 09 27 2018 City Clerk
1
on notice.
2
CHAIRMAN MR. GARAVAGLIA: okay. So, why
3
is this retroactive? why can't it just not
4
be retroactive?
5
MR, HAVENICK: Because we are the only
i
6
ones that can do this.
7
CHAIRMAN MR. GARAVAGLIA: I'm asking the
8
city. why retroactive?
9
MR. GAUGER: why retroactive to July,
10
2018?
11
CHAIRMAN MR. GARAVAGLIA: And not just
12
start out now, like most legislation that
13
comes before us?
14
MR. GAUGER: I mean, I think because
15
this needs to apply to the most recent -- the
16
only instance where the State sort of went
17
beyond local ordinances, you know, this is
18
basically a preemption from the State.
19
MR. GERSTEN: Except no ordinance
20
currently exists. I mean, that's sort of --
21
that is factually the case. I mean, we've
22
all -- the questions have been asked, you
23
guys have even said, nothing exists, so we
24
want to now put it into place, even though
25
these guys have been granted their right,
MIAMI -RADE COUNTY COURT REPORTERS, INC. (305) 373-5600
Submitted into the public
record for item(s) PZ -34
on 09/27/2018 City Clerk
1
given the zoning classification. Based on
2
the framework that currently exists, they
3
have what they need to move forward. And now
4
you're saying, wait, but now there is this
S
new thing for you to move forward.
6
CHAIRMAN MR. GARAVAGLIA: So, if we were
7
to indefinitely continue this item, they
8
could go and do their project, because they
9
couldn't get this ordinance -- couldn't get
10
it past this Board.
11
MR. GAUGER: I mean, it wouldn't get
12
past the recommendation. The recommending
13
Board -- yeah, I believe that is the case.
14
CHAIRMAN MR. GARAVAGLIA: we can stall
15
it right here and they could go on and build.
15
MR. GERSTEN: This is an exception.
17
MR. GAUGER: No, this is not an
18
exception, it's a text amendment.
19
CHAIRMAN MR. GARAVAGLIA: it has to pass
20
through this Board. You can't jump over us
21
because you don't like us, correct? we can
22
stall it right here and let them build.
23
MR. HECHTMAN:
24
MR. GAUGER: My understanding is a
25
recommendation up or down can continue to the
MIAMI -BADE COUNTY COURT REPORTERS, INC. (305) 373-5600
27
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Submitted into the public
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on _0qL2_f 2018 City Clerk
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 to the community
when these kind of things come in.
UNIDENTIFIED SPEAKER: How did you
arrive at the ]uly 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 0912712018 City Clerk
1
instructing the administration to bring
2
forward this proposed ordinance. It's from
3
that date forward that they are saying,
4
anybody who is pursuing a gambling facility
5
needs to know that as of that date they go
6
forward at their own risk because the rules
7
may change, and so that's what that date is.
8
The other thing is, you obviously know
9
this stuff very well, because -- well, you
10
certainly sound like you do.
11
so, what you didn't mention about those
12
letters is that those letters have a caveat
13
at the end of all of them that says that this
14
zoning verification letter is allowed today,
15
when they were issued, and they specifically
16
say that the city code and city zoning code
17
may change, and you're proceeding at your own
18
risk.
19
so, the idea that somehow they have
20
these letters which allow them to build this
21
facility is fictitious. They don't have such
22
letters. They have a letter which says, this
23
letter is good for today. And if the city
24
changes the rules, but I think that's
25
important, because you clearly are relying
MIAMI -BADE COUNTY COURT REPORTERS, INC. (305) 373-5500
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Submitted into the public
record for item(s) PZ -34
on 0927 2018 City Clerk
1
upon the letters, which you mentioned, and I
2
think it's important that you --
3
CHAIRMAN MR. GARAVAGLIA: All right. I
4
think we got it.
5
Mr. Collins, does that conclude your
6
comments?
7
Mr. Dominguez?
8
MR. COLLINS: I have one more question.
9
Going back to a comment you had -- you
10
said that the Jai -alai and the poker is not
11
gambling. was that -- were you stating that
12
as a non use of gambling under the Florida
13
requirements, State of Florida Statutes that
14
were referenced here?
15
MR. HAVENICK: By definition those are
16
not considered games of chance, they are
17
considered games of skill.
18
MR. COLLINS: okay. So, if you meet
19
that definition that you're not a gambling
20
facility and their Code Requirement
21
references the state Statutes, why would you
22
have to ---- why would you fall into this
23
category?
24
MR. HAVENICK: Because it specifically
25
references the chapter that pertains to pari
MIAMI-DADE COUNTY COURT REPORTER'S, INC. (305) 373-5600
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Submitted into the public
record for item{s} EZ. 34
on 02 27 Zo18 city Clerk
1
mutuel wagering, which is Chapter 550. And,
2
real quick, the state -- the letters were not
3
for us, they were for the state. And the
4
state issued the permit in reliance on the
5
zoning letters from the city.
5
MR. GAUGER: Just to be clear, though,
7
gambling and games of chance are not
8
necessarily related. You can gamble on a
9
skill.
10
MR. COLLINS: Right, I understand.
11
I have no more questions.
12
MR. DOMINGUEZ: I have a question. As a
13
businessman, how much have you invested thus
14
far, in this particular journey that you're
15
on?
15
MR. HAVENICK: Just over a million
17
dollars so far.
18
MR. DOMINGUEZ: So, I mean, from a -- I
19
agree with him. From a fairness standpoint,
20
for the city to come in and change the rules,
21
the game has already begun. It doesn't seem
22
very fair to me, specifically when somebody
23
throws down that kind of cash and that kind
24
of money, and I think it sends a bad message
25
to any businessman that does business in the
MIAMI-DADE COUNTY COURT REPORTERS, INC. 0305) 373-5500
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record for item{s} PZ.34
on 09/27/2018 City Clerk
1
City of Miami where the rules could change in
2
the middle of the game. So, I'm inclined
3
to -- I don't have a problem with your --
4
with your -- I just -- I don't feel -- I feel
5
like the City is changing the rules as it
6
goes along. I think the fact that it's
7
retroactive is a knee-jerk reaction aimed at
8
the gentleman's venture. I don't see a
9
reason why -- why it wouldn't -- why it would
10
have to be retroactive.
11
CHAIRMAN MR. GARAVAGLIA: You said that
12
you got some letters this year.
13
MR. HAVENICK: Yes.
14
CHAIRMAN MR. GARAVAGLIA: This year
15
when, like January, February, March?
16
MR. HAVENICK: January.
17
CHAIRMAN MR. GARAVAGLIA: So, I know it
18
has these asterisks on the bottom, but
19
January is not that long ago, and in
20
development terms, and getting financing,
21
that's, to me, a pretty current letter that I
22
would rely on to get my financing, or
23
whatever else that I need. It's not like --
24
if you said that the case was predicated on a
25
letter that you got five years ago, yeah,
MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
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Submitted into the public
record for item(s) PZ.34
on 09/2712018 City Clerk
1
maybe I would call it a portion -- I would go
2
with the city. But, you have current
3
letters, in my minds. All right.
4
MR. HAVENICK: You want to see the
5
letters?
6
CHAIRMAN MR. GARAVAGLIA: No. You`re
7
representing --
8
MR. MILIAN: To me, the only thing
9
that -- and I understand, I kind of see the
10
rock and the hard place here, but at the same
11
time there is no one that, in my opinion,
12
they are not denying anybody, this can still
13
go to commission and still can perfectly
14
pass. And it's not, in my opinion, it's a
15
city --wide ordinance. I know everyone is kind
16
of pigeon holding and saying it's because of
17
this one particular project, and it may very
18
well be they are the only ones applying for
19
it at this point, but to me this is a
20
city-wide ordinance that goes to everyone,
21
and it applies to everyone.
22
So, I'm -- I understand the concern. I
23
mean, you know, the July -- I agree if it
24
would have just been retroactive, I agree
25
that shouldn't be the case, but if there is a
MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
33
Submitted into the public
record for item(s) PZ.34
on 09/27/2018 City Clerk
1
reason that it's July 28th, which is because
2
that's when the City Commission stated that
3
that's when they wanted to start moving
4
forward and putting everybody on notice, I
5
think that's a little bit different than
6
saying, "Oh, we just put it back because, you
7
know, they -- you know, they are about to get
8
approval, or there was an approval."
9
MR. GERSTEN: That's exactly why they
10
did it. I was there.
11
MR. MILIAN: I wasn't there.
12
MR. GERSTEN: Everybody made --
13
MR. ALTHABE: If the article doesn't
14
come out in the Herald, we don't even have
15
this conversation.
16
MR. GERSTEN: That's correct.
17
MR. HAVENICK: There is no asterisk, by
18
the way, in this letter.
19
MR. DOMINGUEZ: That's just the way ---
20
I've gone to 3ai-alai my whole life with my
21
dad. My family has gone gambling. It's
22
entertainment. we've been -- jai -alai has
23
been here forever. Magic City casino has
24
been here, gambling is here. I mean, whether
25
you frame it, whether it's a game of chance
MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
34
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3
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5
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WIN
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22
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Submitted into the public
record for item(s) PI.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 to 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
1
2
L!
5
6
7
8
9
1€]
11
12
13
14
15
16
17
21
22
23
24
25
Submitted into the public
record for item(s) PZ.34
on 09 27 2018 City Clerk
discussing this today. So, I think it is
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. so, 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
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Submitted into the public
record for item(s) PZ.34
on 09/27/2018 City Clerk
1
said, or
the staff said, "we can't go hack
2
to the other
units that have already gotten
3
through
the door."
4
so,
I think you're cherry picking some
5
of your
retroactivity.
5
so,
I don't -- Mr. [Dominguez, if you
7
want to
proffer a motion? Or Mr. Collins, go
8
ahead.
9
MR.
COLLINS: Just one question. You
10
have --
you have already submitted your
11
building
permits, you're in the middle of
12
permitting;
is that correct?
13
MR.
HAVENICK: we started going in and
14
applying
for some permits, yes, sir.
15
MR.
COLLINS: so, if we were to approve
15
this with
the removal of the -- of the
17
retroactive
date, and that it lust gets
18
adopted
whenever it gets through the second
19
reading
at City Commission, and if they have
20
already
started on their permitting, process
21
are they
kind of grandfathered in because
22
they would
have already applied?
23
MR.
GAUGER: I believe the only way they
24
have any
grandfathered rights is if they have
25
approved
rights, and so that can he either
MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
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Submitted into the public
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on 09/27,2018 City Clerk
1
and approved waiver -- there's sort of a
2
threshold, an approved building permit.
3
MR. COLLINS: Is that administrative or
4
is that in code?
5
MR. GAUGER: That's for -- that's
6
actually for -- that's not necessarily for
7
the use, that's for the structure, or for the
8
zoning.
9
MR. COLLINS: I'm just brainstorming a
14
timelime. If we move this -- vote to approve
11
this, removing the retroactive date, are they
12
in a race to get their permits before this
13
gets adopted, or are they in a safe position
14
because they would have already started
15
permitting?
16
MS. CITY ATTORNEY: It would depend
17
on -- I believe it would depend on what types
18
of permits they need, when they applied, et
19
cetera. So, it's difficult to answer that
20
question, because we don't know exactly what
21
permits they need, what they applied for,
22
what they haven't applied for, and when the
23
actual ordinance would be adopted. It's
24
difficult to answer that.
25
MR. COLLINS: I remember, back to the
MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
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Submitted into the }public
record for item�5) PZ.34
on 09127/2018 City Clerk
1
storage discussion, this will take effect
2
when it's adopted, and whatever projects are
3
in the cue, even though they are not
4
permitted, they apply before the ordinance
5
happened, and they were fine. so, I would
6
think that this is a similar path, but you're
7
not sure which permit would, in a sense,
8
grandfather them into at least the system?
9
MS. CITY ATTORNEY: Yeah. I'm not sure
10
exactly what permits they need, and whether
11
they applied for them, and, if not, when they
12
will apply for them, and the timeline of when
13
the actual ordinance would be effective and
14
the natural route of it.
15
So, it's difficult to determine that. I
16
don't know if the applicant has any
17
information regarding their permits that they
18
need, et cetera, and their timeline on it.
19
MR. GERSTEN: Mr. Chair, I have -- with
20
your permission, I have a fallow -up question
21
to Mr. Collins' question, for the City on the
22
same topic. And I ask this to everyone.
23
Is this threshold in the Code, or is it
24
administrative rule that you guys have on a
25
piece of paper that changes from
MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
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Submitted into the public
record for item(s) PZ.34
on 09 27 2018 City Clerk
1
administration to administration?
2
MR. GAUGER: vested rights are by Code
3
and by Statute, I believe.
4
MS. CITY ATTORNEY: I'm sorry, can you
5
repeat that?
6
MR. GERSTEN: All right. So ---
7
MR. GAUGER: Your question is vesting of
8
rights?
9
MR. GERSTEN: Yes. well, anyone can
10
answer this, if there is a basis of law.
11
when these issues have been litigated, do the
12
rights exist based on an administrative
13
ruling, or piece of paper that has Changed
14
from administration to administration, or is
15
this strictly a Code -based threshold? I
16
just -- does everyone understand my question?
17
I'm sorry, I know I'm not clear.
18
MR. HELFMAN: You're making sense. It's
19
neither.
20
MR. GERSTEN: Microphone.
21
MR. HELFMAN: Steve Helfman again.
22
The issue of whether you have a
23
grandfather right is not by virtue of the
24
Code, or any administration, or an opinion.
25
It's as a matter of law. Local government
MIAMI-DADE COUNTY COURT REPORTERS, INC. [305] 373-5600
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Submitted into the public
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on 09/27/2018 City Clerk
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 item(s) P2.34
on 09/77/2018 City Clerk
1
MS. CITY ATTORNEY: And if the Board
2
would like to clarify that language with its
3
decision, then they can do so, with that
4
condition.
5
CHAIRMAN MR. GARAVAGLIA: vice Chair?
6
MR. BOOK: If I could, in response to
7
what Mr. Helfman has asserted. If I could.
8
For the record, Ron Book, 18851
9
Northeast 29th Avenue, Aventura, Florida, on
10
behalf of Magic City.
11
I simply want to clarify something that
12
Mr. Helfman man has said incorrectly. People
13
can -- reasonable people can disagree. The
14
City does not have a provision in its Code
15
for zoning in progress ordinances. If they
16
had what others cities have, then this would
17
be a permissible act, and you wouldn't hear
18
us arguing about fairness.
19
And to Mr. Helfman's point, he is
20
mistaken. Multiple permits have been applied
21
for, and at least one has been issued, in
22
hand, in our possession.
23
so, he might have something that tells
24
him something different, we've got an actual
25
physical permit. And, I repeat, there is
MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
MFA
Submitted into the public
record for item(s) PZ.34
on g9fZ712018 City Clerk
1
nothing in the City zoning Code for zoning in
2
progress provision.
3
MR. COLLINS: Do you have that permit
4
here?
5
MR. BOOK: we probably can give you a
6
copy. we do.
7
MR. GERSTEN: May I?
8
CHAIRMAN MR. GARAVAGLIA: Yes. Let's
9
see what Mr. Gersten has to say, if you're
10
going to go to a motion.
11
MR. GERSTEN: I'm going to go to a
12
motion.
13
CHAIRMAN MR. GARAVAGLIA: Let's go.
14
MR. GERSTEN: I would make a copy to
15
approve the City's language, strike the
16
portion dating back to July, and making a
17
finding that the applicant has relied on
18
representations by the City, and the state
19
has relied on those representations, and has
20
moved forward with the project, and reliance
21
upon, and has a right to continue under the
22
Code as it existed at the time that they were
23
granted that right by the State, because the
24
state did not have a framework in place.
25
CHAIRMAN MR. GARAVAGLIA: So, there is a
MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
43
Submitted into the public
record for item(5) PZ.34
on QRL?2f2018 City Clerk
1
motion. Do we have a second?
2
MR. DOMINGUEZ: I was confused by your
3
motion. Can you do a finding as part of
4
your --
5
CHAIRMAN MR. GARAVAGLIA: I don't think
6
you can do the finding part.
7
MR. GERSTEN: Huh?
8
CHAIRMAN MR. GARAVAGLIA: I don't think
9
you can do the finding part where you're
10
making a judgment.
11
MR. GERSTEN: The condition or the --
12
then I make a motion to deny it.
13
CHAIRMAN MR. GARAVAGLIA: All right.
14
so, it's a motion to deny. Period.
15
MR. GERSTEN: Sure, yes.
16
CHAIRMAN MR. GARAVAGLIA: So, let's see
17
if we have a second.
18
MR. DOMINGUEZ: second.
19
CHAIRMAN MR. GARAVAGLIA: we have a
20
second by Mr. Dominguez.
21
MS. CITY ATTORNEY: I'm sorry, before
22
the Board takes a vote, just a friendly
23
reminder that a super majority is required
24
to -- for a favorable recommendation.
25
MR. DOMINGUEZ: How about to deny? If
MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
44
Submitted into the public
record for item(s) PZ.34
on 09/27/2015 City Clerk
1
it's denied it doesn't have to be super
2
majority?
3
MS. CITY ATTORNEY: correct, to
4
recommend approval.
5
MR. COLLINS: Just one quick question
6
before we vote. In the requirements it says
7
that the city Commission has to approved by
8
4/5 vote; is that common? I just thought it
9
was majority.
10
MR. GAUGER: No. There's a number of
11
things that are by super majority.
12
MR. COLLINS: At city Commission?
13
MR. GAUGER: Yes.
14
CHAIRMAN MR. GARAVAGLIA: All right.
15
so, we have a motion and a second to deny.
16
Call the roll.
17
THE CLERK: Mr. Gersten?
18
MR. GERSTEN: Yes, on denial.
19
THE CLERK: Mr. Dominguez?
20
MR. DOMINGUEZ: I just want to --- before
21
I vote, an explanation. If we vote yes to
22
deny, we are denying the city's proposal to
23
pass the ordinance, right?
24
THE CLERK: Correct.
25
MR. DOMINGUEZ: Yes to deny.
MIAMI-DADE COUNTY COURT REPORTERS, INC. [305] 373-5600
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Submitted into the public
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on 09/2712018 City Clerk
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. GaraVaylia?
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
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Submitted into the public
record for item(s) PZ.34
on 09127'/2018 City Clerk
CERTIFICATE OF REPORTER
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
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act 111 42117
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addition[ 11 5/13
additional 131 3111 19120 2411
additionally 111 1914
address [ll 3124
addressed ill 6/20
adjourned 111 36/17
administration [61, 29/1 40/1 4011 40/14
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administrations 111 202
administrative 131 3813 39124 40/12
Administrator 131 6/1 1216 12/19
adopted 161 5/18 6/20 37/18 38/13 38/23
adopts I 1 ] 617
adult 131 11114 11/1 S 1 1116
Adult -- [1] 11/14
affecting [ 1 ] 2017
aforementioned [I 1 13/6
after 131 12/2513/16 35124
again [31 2118-V1440121
against 111 9/4
agency I1 13117
ago [71 4114 1119 1619 16113 32119 32!25
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AGUIRRE 121. 47/447/17
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all 1221 3/20 513 5116 6/4 6/216/25 91233
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allow [I 1 29120
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allowed 181 312 3/14 61418/3 2113 22120
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along 111 3216
already [ 101 5/178/1220/520/931/2137/2
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also [61 1115 121713125 15123 19125 2116
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always I1] 18/23
am (51 1012 1115 4717 4718 4719
amend 131 216 218 7/2
amended [ 1 ] 6/11
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unongst 111 12121
amount [21 36110 4115
Andres [11 1/17
answer [51 211917/20 38119 38/24 40110
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anything 141 2!2410/22 15114 23/15
APPEALS [21 1/12(4
applicant 131 2418 39/16 43117
application [21 5/4 5114
applied [91 3116/2137/22 38!18 38/2138/22
39111 4117 42120
applies [21 615 33/21
apply [41 2121 26115 3914 39112
applying 121 33/1837/14
appropriate [ 11 2417
approval 161 214 2/16 619 34/8 34/8 4514
approve 151 14/2 2815 37/15 38/10 43115
approved 161 2115 22124 37/25 381138/2
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areas [51 7121 3/3 N7 4113 24/4
arguing[ 11 42118
arguments 111 24114
arrive [1] 28113
article 151 218 2110 13/3 34113 35/24
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as 1221 5/6 6/2 6/12 9/2 11121 1918 2W14
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ask [71 6/9 8/2117/19 24/8 24/9 25/2.39/22
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asserted 111 4217
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asterisk 111 34117
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at the[] 1 28/13
attended I l ] 9/20
attention 111 518
attorney 151 4/4 9/9 28/2 4718 4719
:audio I 11 4715
authority 141 7113 28115 28117 28/17
authorized ill 47/5
Aventura III 42J9
Avenue 131 415 1115 47/9
aware Ill 20/21
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back 113] 3/163/185/12111201112212124
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had [1] 31124
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based 131 21/127/140/12
basically 121 2122 26118
!rasing I 1 ] 36/5
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basis [11 40/10
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be 1361 2115 311 3/14 5114 5124 6/8 8/9 8122
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he -- 111 8122
bear[II 11/12
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6124 W16 8/19 911 13/1 1312 15/24 19/11
20/9 21116 23119 24/25 2615 26114 2718
27/2129/6 29/9 29125 30124 33116 34/134/6
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because --[11 2919
become 131 9/2515123 41/13
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been [20] 4110 6/24 6/25 7/21511615117
25113 25118 25/2126122 26125 33124 34122
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leen -- [21 6/24 341'22
before 1151 4117 4118 4119 4124 5/2 5/18
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begun [ 1 ] 31121
behalf 131 416 106 42110
being [31 13110 3.5/17 36/25
believe [8] 8/5 911 17124 27113 35119 37123
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best 111 IW24
betting [11 2117
between 111 9/24
beverage 111 I0/18
bev and ill 2W17
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bit [31 315 I UI0 34/5
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board [ 111 01 1114 2/4 4/316122 27/11)
27/13 27/20 2.311 42/144/22
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Book 111 4218
both 121 15125 2112
both -- I i ] 21/2
bottom [ 11 32118
bought [ 11 16/9
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brainstorming i l l 3819
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Brickell 111 415
briefly 111 14/6
bring; 131 8/21 16/22 2911
bringing [ 11 3118
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business 121 31/25 36/17
businesses 121 2117 20/8
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came 131 11/201212435124
can (361 9/1-110/3 10112 14110 14112 14/13
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chapter 14] 19/1619/2-1;.W2531/1
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Chapters [11 18/11
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cities [ 11 42116
city 1731
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City-wide 12] 33/15 33/20
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20/13 23/2 28/25 33113 3412 37119 41114
41124 497 45112 47119 47119
Commissioner 121 16/2 35/19
common 111 45/8
commonly [ 11 1912
community [61 8/3 9121 1315 14/25 15/4
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company I1] 13/IO
complaining [ 1 ] 15118
complaints [21 7117111
computers 111 4117
concern 111 33122
concerns 111 20f7
conclude I 1 13(115
conclusion I 11 1317
condition 121 42/444/11
Condominium 111 10/3
conducted [ 1 ] 8/5
confused i 1 ] 44/2
connected 111 47/9
considered 141 11/21 15/243{11630/17
consistent [ ] 1. 12/10
contained 111 22117
continue [31 2717 27/25 43121
control 121 311.9 1012
conversation [f1 34/15
copy [21 4316 43114
correct [ 101 18119 20116 20/19 21/23 23113
27/2134/16 37112 451-145/24
correctly 111 13/11
corridor 111 14113
could 1111 6118 16124 23124 24124 x718
27115 321135/8 35/17 42/6 3217
couldn't 151 24122 24/22 27/9 27/9 41118
couldn't -. 121 24122 24122
counsel 121 47/8 47/9
COUNTY 121 47/347/10
couple I I 1 1 U23
Court 111 15110
covered [11 16/15
create 111 5/4
created (1 ] 28118
creating 111 21114
cue [11 3913
current 131 18/13 32121 33/2
currently 151 3/17 23/3 23/4 26/20 27/2
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dad I 1 I W21
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date 1171 5/7 5/1128/6 28/7 28113 28/14
28/23 28/24 28/24 29/3 2915 2W7.37/17
38/1141/15 4112141/2.;
DATED [ 1 ] 47110
dates 121 16/25 17111
dating [11 43116
day [41 14/18115/2 41/13 47110
ODA [11 7/14
de 111 14/8
dealcrsldps 11] 7/17
December 111 47119
decision it] 4213
decisions I11 12117
deemed 111 5124
defer 121 19/1128/2
deferential [11 2124
define 111 1918
defining 111 2/23
definitely 111 10/19
definition 1131 2112 11/1411/22 183/8 18/9
183/14 18/18 21115 22/14 23124 30/15 31119
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definitions [11 218
del'• III 10111
denial 121 214 45/18
denied 111 4511
dense 111 9/25
rieny 161 44112 44114 44125 45/15 45/22
45125
denying 121 33/12 45122
49
Department [31 1(]/7 14/1 1811
depend 121 38116 38/17
Deputy 111 1173
designations 111 6/4
designed [ 11 6117
detail [ 1 I 11/10
determine I f ] 39115
developer[[] 2213
development 131 7112 10/132120
did 161 13/1017/16 28/12 34/10 43/24 47/5
didn't 131 28/5 29/1135/16
different 171 1216 12122 21/2 2303 24/3
34/5 42124
difficult 13] 38/19 381273 39/15
directed 11] 13110
directly 11 ] 19/18
Director 121 112112/12
disagree I I 142/13
disclose I11 812
disclosure 131 7124 811 911.0
discussing I1] 3611
discussion 111 3911
districts [ 11 319
do 1201 10/23 1813 19/19 20/8 2213 2514 2516
2616 2718 29110 35119 411/1142/3 4313 4316
44/144/144/6 4419 4714
does 151 3.116 30/5 31/25 40116 42114
doesn't [61 12/1917/10 24125 31121 34/13
4511
Dog [2] 5/1915112
doing [ 11 13/16
dollars 111 31117
Dominguez 161 1/18 3017 35114 3716 44120
45119
don't [261 6/22 8115 8116 8/18 9/6 10/20
17/7 2219 23/15 27/2129/21323 3214 3218
34114 35/23 36/12 36/15 36116 36/17 37/6
38120 39116 41/8 4415 44/8
don't -- [1] 3716
done [61 121181511415/16 16/1216/13
35114
door [ 11 3713
down [21 27/2- 31123
Downtown [ 11 7112
draft 111 4121
drafting [21 4/1616/5
Drive [21 113 9120
E
earlier 131 12/412111 13/25
edification 111 316
meet 111 39/1
effective [31 39113411134L'23
effects I 1 ] 6/21
Ehrlich 111 13122
either 111 37125
else 161 1415 16/7 16121 16/2132/23.15/8
employee 121 471847/8
end 121 16/1129/13
engaged 111 1316
enough 111 10/20
entertainment 1131 51246/2 11115 11/16
1219 21/13 21118 21/2123/5 23/25 24/1
24/2134/22
entire 111 16/2
entitled 111 2+10
entitlements [I 1 5111
establish [ 1 J 5110
established 111 10110
establishment [2] 1(191412`3
et 131 11/19383/1839118
1E
even [ 101 4112 1017 11112 101201012.~ 23124
26123 26/24 34114 3913
evening 171 2118 412 416 4/24 512 1113 13/21
ever ll] 15116
every [11 14118
everybody 171 15/115/18 115V19 3414 34112
35/835110
everyone 151 33115 33120 3312139/22 40/16
everything [41 819 13/11 15/16 16/15
exact [21 1211312/23
exactly [5] 28/134/9 3515 38/2039/10
example [II 6113
Excupt 111 26119
ext-cption 171 2116 3/4 2311 23+8 23111 27/16
27/1S
exceptional[]] 14/17
EXCERtrF [1] 4716
excuse [ 11 11114
exerted ll] 29117
exist 111 40/12
existed 141 5118 5/195/20 43/22
existing 141 311 307 2018 20/25
exists 151 5117 21117 26120 26/23 2712
expended Ill 41/4
Expires 111 47119
explained [ 1 ] 23/2-3
explanation 111 45121
extended I I 11215
extra 111 28110
F
[61 2112 6/14 6/21 18/10 18/10
36/21
facility 1161 41114/1.3 4115 5125 6/2 617 7/5
10116 11115 11116 11/1712/9 1512129/4
29121 30120
fact 141 12!23 1319 14120 3216
facts 111 16/17
factually [ 11 26121
fair 131 31122 36/15 36/18
fairness 121 31/19 42118
fall 161 19/15 19116 19/1819/24 21118 30/22
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