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MIAMI MIRROR TRUE REFLECTIONS

Work in progress at Kaskades March 21, 2014, after DERM permit was denied February 3

SERIES: FAZED PERMITTING

DERM RESPONDS TO MIAMI BEACH NEGLIGENCE


Galbutians and Building Official must obey environmental law or else
17 April 2014 By David Arthur Walters MIAMI MIRROR The Miami-Dade Regulatory and Economic Resources Department Environmental Resources Management (DERM) has responded to my concerns that the City of Miami Beach issued a phase permit for construction to proceed at the Gales Suites at Kaskades annex to the Gale Regent Hotel without first obtaining an environmental protection permit or DERM permit
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MIAMI MIRROR TRUE REFLECTIONS


required by a county consent decree with the United States, and that had construction proceeded without the prerequisite permit and with the knowledge hence condonation of City Manager Jimmy Morales and Building Department Director Mariano Fernandez. Gail Suites at Kaskades stands on the southwest corner of James Avenue and 3 rd Street. The old apartment building standing there is being renovated by hoteliers Keith Menin and Jared Galbut, backed up by Russell Galbut. As my investigation progressed, I suspected that the Galbutian interests were being favored by the city manager and building official. Although city officials are inclined to insist that there is no such thing as selective enforcement in Miami Beach, long experience informs us that selective enforcement is the one thing that we can be certain of. During the course of my investigation, I enlisted the expert assistance of David Weston, whose post graduate studies were in environmental engineering. Over the last two years, I have found his statements about the enforcement of construction regulations or the lack thereof to be far more reliable than any provided by City of Miami Beach officials. I have faulted him only for his dogged confidence in their ability to radically reform the City of Miami Beach Building Department, which he characterized as a racketeering organization after reading the last wave of arrest affidavits and indictments. Phased permitting was introduced to Miami Beach on 31 July 2013 by Jimmy Morales and Mariano Fernandez. Their version of phased permitting is somewhat novel, something Miami Beach has not needed before despite big building projects. So I dubbed it fazed permitting. To begin with, the projects thus far do not have phases; each seems to have a single phase, from ground to roof. For example, a single phase permit was unlawfully approved for the Kaskades against a master permit application with a misleading description. The project entails a partial demolition and a complete change of use, including not only the renovation and restoration of the existing two-story building, but also an additional floor is to be constructed. Phased permits simply allow builders to proceed without approval of a complete plan, without being subjected to the possibility of substantial penalties, such as double permit fees or tearing down the construction, if they are caught and are not cooperative or liked well enough to get a waiver. The city confesses its incompetence or inefficiency by permitting early starts, abnegates its regulatory responsibility and augments corruption by mandating private inspections, requiring applicants to hold it harmless for deleterious consequences of its official negligence. I obtained a list of 23 so-called phased permit records as of February 2014, which the city had some difficulty compiling because they were apparently not flagged for easy database searches.
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I sent them along to DERM, and my spreadsheet was returned showing that 18 projects were DERM approved; there was no DERM record for 3 of them; 1 was under review; and 1 was disapproved, that being the Kaskades, where full-blown construction was in progress. A renegade contractor once told me, in regards to unpermitted work, that Everybody does it, everybody knows it, and nobody cares. In this case, the Galbuts were not everybody. Still I recalled that Galbut had gotten rid of a huge double permit penalty at the Mondrian Hotel conversion, arguing that inspectors were on site, knew of the construction all along hence had constructively permitted it. The Miami Dade County Board of Rules agreed with a margin of 1 vote. A complaint was filed with the Miami Dade County Ethics Commission, asserting that Galbut had contributed over $10,000 to the mayoral campaign of one of the board members who voted in his favor twice. Of course the Ethics Commission saw no quid quo pro in that, and summarily dismissed the complaint. It is with that in mind that I asked DERM whether or not proceeding with construction without a DERM permit is inconsequential. Luis Espinoza, its communications program manager responded: The mission of the Miami-Dade County Division of Environmental Resources Management is to protect water quality, drinking water supply, air quality and natural resources that are vital to the health and well-being of all Miami-Dade County residents and visitors. To accomplish this mission DERM implements monitoring, education, restoration, regulatory, and land management programs. Some of these programs include a permitting and/or plan review process that helps us ensure that new construction, developments, building renovations, etc are done according to the countys environmental code, Chapter 24. As an environmental agency, we take our mission very seriously; therefore, it is of the highest important that DERM approval is obtained prior to initiating a construction, development, renovation, etc. Espinoza further informed me that DERM had issued a Notice of Violation and Orders for Corrective Action on 10 April for failure to obtain the necessary environmental approvals prior to commencing the project. The notice required submission of specific information and documents in response to DERMs plan disapproval dated 3 February, stated that approval must be obtained within twenty days, and that failure to comply could result in the issuance of an order to cease and desist with construction the activities. Additionally, enforcement correspondence has been sent to the City of Miami Beach Building Department advising of the requirement for DERM approvals prior to issuance of building permits, including phase permits, as required pursuant to Chapter 24 of the Miami-Dade County Code and in accordance with the federal Consent Decree.

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MIAMI MIRROR TRUE REFLECTIONS


Finally, the proper process had been initiated for the Kaskades and was almost completed.

Fetid water being pumped from under building and removed April 11, 2014

David Weston thanked Espinoza for his prompt action on the matter. We have some 34 cities in Miami Dade County, and I find that they sometimes think they can act as they wish. I would like to believe that Miami Beach will assure you in writing that they will honor our environmental regulations in the future as well as correcting the other issues that have been previously brought to their attention. It is my understanding that when Mr. Walters brought this matter to the attention of the City of Miami Beach he received an email accusing him of being obsessed. Citizens should be encouraged to report environmental issues to your department. If this obsessed comment is true, then I think that Mr. Walters is owed an apology from the City of Miami Beach as well as a thank you from your department. I believe Miami-Dade County would freeze over before that would happen more than once in lifetime if ever. Constructive criticism from outsiders has never been welcomed by the ruling clique of the City of Miami Beach. My constructive suggestion for the future is to provide for severe mandatory penalties for all construction begun without a DERM permit. Too bad I still dont work for Miami Beach, said Weston in an aside. I certainly would have been fired for this obsession.

OBSESSION CORRESPONDENCE Your City Government at Work

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On Mon, Mar 10, 2014 at 12:42 PM, Morales, Jimmy JimmyMorales@miamibeachfl.gov> wrote: David Not sure why you are so obsessed with phased permitting. It has worked well in Miami and it is beginning to work well here. The Building Official is aware of what DERM and Fire require. Jimmy On Mar 10, 2014, at 11:53 AM, "David Arthur Walters" <miamimirror@gmail.com<mailto:miamimirror@gmail.com>> wrote: Mr. Morales, As you may see from the below, you may need to check your procedures manual to see if it specifies DERM approval for phased permits - I believe I did see it on a checklist but do not recall if the list was for all permits including phase permits, You may also recall my previous (unanswered) communication including an attached opinion of the Florida State Fire Marshall (Alex Sink at the time) that Fire must sign off. David Arthur Walters

From: Espinoza, Luis (RER) <EspinL@miamidade.gov<mailto:EspinL@miamidade.gov>> Date: Wed, Mar 5, 2014 at 11:30 AM Subject: RE: RESPONSE Phased permitting DERM Permit Fees Miami Beach To: David Arthur Walters <miamimirror@gmail.com<mailto:miamimirror@gmail.com>> Dear David, We have reviewed all the phased permits listed in the table you provided and added 5 columns to show the DERM status, DERM approval date, DERM process number, WASD approval and DERM notes. Of the 23 phase permits listed 17 (sic) were approved by DERM. Both the projects at 1 Collins Avenue and 321 Ocean Drive received DERM approval. The City of Miami Beach procedures should be revised to specify that DERM approval is required prior to the phase permit being issued. DERM will be contacting the City of Miami Beach to assure that the required DERM approval is listed as part of the Phased Permit process, and that the DERM approval is consistently obtained prior to City approval of all Phased Permits. Thank you, Luis Espinoza
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Communications Program Manager Miami-Dade Regulatory and Economic Resources Department Environmental Resources Management 701 NW 1st Court 2nd Floor Miami, FL 33136

From: David Arthur Walters [mailto:miamimirror@gmail.com<mailto:miamimirror@gmail.com>] Sent: Saturday, March 01, 2014 10:20 AM To: Espinoza, Luis (RER) Subject: RESPONSE Phased permitting DERM Permit Fees Miami Beach Dear Luis, Thank you for the information. Is there any way that your department can check to see if DERM permits were issued on the large ones, especially on the groundbreaking, foundation, and erection of buildings at 1 Collins Avenue (B1305453), 321 Ocean Drive (B1306734) (photo of unlicensed architect signage on project attached)? Also you will see below two pages on phased permitted from the latest MB Policies and Procedures Manual. I have already noticed that the requirements there listed do not include signing off by FIRE, which is necessary according to an Opinion by the State Fire Marshall. MB Building and the City Manager has not responded to my inquiry regarding that issue. The procedure also does not mention DERM but mentions NPDES. Can you address that? Thank you again for your assistance. I stand by for your response. Very truly yours, David Arthur Walters Independent Journalist Attachment: Miami Beach Policies and Procedures Building Department Operations Division Revised July 2013 Phased Permit Approval POLICY

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The Building Official is authorized by the Florida Building Code to provide Phased Permit approval for construction projects. PROCEDURE After an applicant has submitted plans, calculations, survey, and a permit application to the permit counter, obtained a process number and paid the upfront processing fees for a regular building permit they may submit a request for Phased Permit approval to the Building Official. The following items will be required: * Two sets of plans of the architectural and structural portion of the building * A letter from Miami Dade WASA of intention to issue the water and sewer allocation letter. * Phased Permit Hold Harmless form * Notice to Building Official for Private Provider inspection services Before submitting to the Building Official for Phased Permit approval, the applicant must first obtain approval from the Planning Department and the Flood Plain Compliance section of the Building Department. Phase Permit plans will not be reviewed by other trades. After the approval of the Building Official, the applicant will need to return to the permit counter to obtain and pay for the Phased Permit. Please be advised that the cost of the Phased Permit is non-refundable and will not be credited to the final building permit. The applicant may need additional trade Phased permits (electrical, mechanical, plumbing, etc..... ). These permits must be related (linked) to the phase permit. This will ensure that the trade permits can be transferred to the building permit once obtained. A National Pollutant and Discharge Elimination System (NPDES) permit may be required. Storm water, erosion and sediment control during construction, demolition, or related activities that impact one-half (1 /2) acre or more, shall be in accordance with the city's Municipal Separate Storm Sewer System (MS4) permit. Separate permits from City of Miami Beach Public Works Department may be required for work on the public rights of way that involve paving, sidewalks, excavation, drainage, maintenance of traffic/street closure, tree removal/relocation/planting or dewatering, etc, as needed. For applicable permits, please contact Public Works Department at (305} 673-7080. We are committed to providing service and safety to all who work and play in our vibrant, tropical, historic community. Policies and Procedures: Phased Permit Approval

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The Phased Permit cost is $2000 for Commercial New Construction, $1500 for Commercial Interior Alteration only, $1 000 for Residential New Construction and is valid for six {6) months only. You must obtain your master permit within six months from the date of issuance. REFERENCE * Florida Building Code 20 12 PREPARED BY: Building Department Building Director Revised 07-24-2013

Espinoza, Luis (RER) <EspinL@miamidade.gov<mailto:EspinL@miamidade.gov>> Thu, Feb 27, 2014 at 4:04 PM To: "miamimirror@gmail.com<mailto:miamimirror@gmail.com>" <miamimirror@gmail.com<mailto:miamimirror@gmail.com>> Dear David, Cristian Guerrero forwarded your question to me. Please note that a DERM review and approval is required for all municipal and unincorporated building permits issued by the corresponding building official. This includes phased permits. DERM reviews these plans for compliance with requirements of Chapter 24, Miami-Dade County's environmental protection ordinance. The purpose for the review is to assure that proposed projects will comply with the county's environmental protection code, including certification that the wastewater collection, transmission and treatment systems, (from the point of connection to the wastewater treatment plant) have adequate transmission and treatment capacity in accordance with the Federal Consent Decree (CASE No. 1:12-CV-24400FAM) prior to them beginning construction. Unlike other development reviews, which can be performed post construction initiation, DERM reviews must be completed, and DERM approval granted, prior to initiating construction. For example, certification of adequate transmission and treatment capacity must be obtained prior to initiating construction. The DERM fees are simply plan review fees collected to pay for the effort involved with performing the review. The actual fees vary depending on the scope of work for the project, but can be found on our website at www.miamidade.gov/permits/library/fees/scheduleenvironmental.pdf<http://www.miamidade.gov/permits/library/fees/scheduleenvironmental.pdf>. The plans reviewed by DERM will have a DERM stamp with an approval sign-off. Note that Miami-Dade Water & Sewer Department (WASD) and Florida Department of Health (DOH) review and approval may also be required depending on the specifics of the project. WASD reviews all new development projects and collects connection charges in accordance
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with Ordinance 89-95. DOH reviews projects proposing septic tank systems and issues construction permits for water mains. Feel free to let me know if you need additional information. Thank you, Luis Espinoza Communications Manager Miami-Dade County DERM.

From: David Arthur Walters [mailto:miamimirror@gmail.com] Sent: Wednesday, February 26, 2014 12:40 PM To: Guerrero, Cristian (RER) Subject: Phased permitting DERM Permit Fees Miami Beach Dear Cristian Guerrero: I am studying the City of Miami Beach's recent introduction of phased permitting for building projects. I understand that a DERM permit is supposed to be required and paid for before a phased permit is issued, and that certain fees must be paid to get the DERM permit. I am also informed that the phased permit should have some sort of paid DERM permit stamp on it. Would you kindly confirm that is the case, and, if possible, send along information about the process, what the fees are for, et cetera? Thank you very much, David Arthur Walters Journalist

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