You are on page 1of 16

SIGNSOFMIAMIBEACHCORRUPTIONREFERREDTOALLEGEDREFORMER

ByDavidArthurWalters
MIAMIMIRROR
TrueReflections

4October2017

The selfexplanatory excerpts below from the authors files indicating that a
permit fixer doing business with major contractors and developers as Permit
Doctor is exempt from City of Miami Beach sign permitting requirements has
been referred to former federal corruption prosecutor Dan Gelber, who is
expected to be elected mayor of the city this year absent disabling accident or
damning revelation. He may agree that favoritism or noncompliance with minor
ordinancesmaybeasignofmajorfaults.

PermitDoctorisnottheonlypermitfixer.AnattemptbyJorgeGonzalez,former
CityManager,tolicenseandotherwiseregulatepermitfixersinordertoatleast
minimize the appearance of corruption was stymied by vested interests upon
whosegoodfortunethepoliticalelitedepend.

PermitDoctorappearstobeexemptfromacityordinancerequiringpermitsfor
signs.Itispracticallyimpossibletoascertainbyscanningthecitypermitindexes
what permits were obtained by permit doctors because officials to not require
thatinformationtoberevealed.Furthermore,thenewcityregimeunderMayor
Phil Levine, a wealthy real estate developer, implemented a software reform
under the premise of transparency and efficiency to ensure that the permit
recordsarenolongeravailabletothepublicforanonymousonlinedatabrowsing
andanalyses.

Numerous city officials including sitting commissioners and the mayor were
addressedonthepermitfixerissueinhopesatruereformwouldbemadetocurb
corruptionoratleastreducetheappearanceofimpropriety,withoutresponse.I
realizethispublicationisprobablyanexerciseinfutility.Atleastitwillserveasan
advertisementforPermitDoctor.

DavidArthurWalters

Temporary construction signage must be approved by the citys planning


departmentpursuanttoadesignreviewprocess.Thefactofthematteristhat
fewtemporaryconstructionsignsaresubmittedtotheplanningdepartmentfor
review,includingthelargeandoftengarishwrapsonecanseeonconstruction
site fences everywhere. Some conscientious real estate and construction
companiesandarchitectsdobuytemporaryrealestatesignstickerstoplaceon
signs mounted on construction sites, skipping the design review process. A
companythatdoesbusinessasPermitDoctorandchargesfeestoconductprivate
inspections and to expedite permitting including signage permitting does not
bothertogetitsownsignspermittedunlesssomeonecomplains.Andpeopleare
disinclined to complain in Miami Beach because the prevalence of the primitive
law of retaliation on the beach. (3 February 2014 SIGNIFICANT MIAMI BEACH
MALADMINISTRATION Signs of Official Ignorance, Incompetence, and
NegligenceonLincolnRoadbyDavidArthurWaltersMIAMIMIRROR)

The application was filed on April 6 and approved on April 20, such being the
amazingspeedofexpeditorRustyingettingplansandpermitsapproved.Rustyis
especiallyvaluedforhavingavailableanarchitectwhowillsignwithoutmuchado
onto plans drawn by permit seekers or their draftsmen. Again, it is form over
substance:everythingispermittedaslongasthepaperlooksgood.Expeditors,
bytheway,areunlicensedbythecontractorslicensingboard.Theydonothave
toputtheirnamestothejobstheyexpedite.FormerCityManagerJorgeGonzalez
saidheprotestedagainsttheexpeditionbusiness,buthesaidhisobjectionswere
dismissed by vested interests. A public records request turned up no jobs
permitted over the past five years for Permit Doctor, the major expeditor, but
Rustyhadmadethemistakeofputtinghisnamedown,asacontact,eighttimes.
In fact, the intent was to complete the $1,000,000 Sunset Harbour contract as
quicklyaspossible,andthatiswhatJihad,drivenbycashflow,wasboundtodo
come hell or high water. (20 July 2012, GETTING AHEAD OF THE JOB CON AT
SUNSETHARBOUR,SpecialtotheSunPostbyDavidArthurWalters)

Are Miami Beach expeditors agents of the Building Department? One major
expeditor, Damian J. Gallo Associates, Inc., dba Permit Doctor, who rents space
fromthecityandadvertisestheconventioncenterasitsclient,goessofarasto
advertise itself as the permitting authority: Permit Doctor staff is ready to
provide clear information about permitting regulations and the permitting
process, inform homeowners about permit requirements for their specific
projects, conduct plan reviews, and issue permits. All this is designed to make
getting a permit as convenient as possible. We notice that other planning and
permittingagenciesthroughoutthecountryhavetheirownexpeditorstorender
theprocessesconvenient.TonyGonzalezandhisdirector,StephenScott,didnot
respond to my recommendation that the City of Miami Beach hire its own
expeditors to serve the public. Additionally, since complexity fosters corruption,
revision of the codes may reduce the need for bribes to accelerate the
processes. (9 May 2012, EXPEDITING CONSTRUCTION AT THE BUILDING
DEPARTMENTbyDavidArthurWalters.MIAMIMIRROR)

DavidArthurWalters<miamimirror@gmail.com>Sat,Jun2,2012at2:40PMTo:
"Weithorn,Deede"Deede@miamibeachfl.govDoyourecallwhostoodintheway
when Jorge opposed the corruption of Building by permit fixers like Permit
Doctor?[NORESPONSE](FauxOppositionSeries,TobinvGonzalez)

"It is with that hilarious definition of phased permit in mind that I contacted
Moralesforthesakeofjournalisticbalance:'IventuredtoPermittingandasked
about it,' I emailed him, 'but several people there had not heard of it, and one
contractor said it only applied to demolition. I also went to Permit Doctor next
door and the gentleman there said he not heard of it. This week I asked a
superintendentatamajorconstructionsiteifhehadheardofsuchapermit,and
hesaid,ofcoursehehad:itwasonlyfordemolition.PlanningDepartmentstaff
said phased permitting did not permit actual construction; rather, it was a
preliminary paperwork process, Since Mr. Perez was already pulling preparatory
permitsonthisjob,likeforafencebackin2012,sowhyishenotusingtheusual
permittingprocess?Themasterpermitsaysnothingabout"phase."Howcanhe
proceedwithconstructionwhenthepermitisjustappliedforandnotapproved?
Andwhereisthefeebalancedueof$183,711.37?(11March2014,GETTINGTO
THEBOTTOMOFPHASEDPERMITTINGTheawfultruthundertheCityofMiami
BeachcornerstonesbyDavidArthurWaltersMIAMIMIRROR)

WeimaginethisscenarioinWestonscase:someonesaid,Goodgrief!Weston
is in a boat slip business with the guy that owns and runs Permit Doctor. He
doesnthaveaninvestmentinthepermitexpeditingcompanynorisheemployed
by it, but the fact that a fire inspector is associated with him in a completely
different business still looks bad. It creates an appearance of impropriety
regardless of what the ethics rules say. Besides, this fire inspector is too pushy,
not minding the Fire Departments business, nosing around the Building
Department, complaining its not doing its job. Basta! Weve got to get rid of
him.Themanwouldhaveresigned.Andhewasrightaboutalotofthings,and
there was much more that Morales could have recommended and have done if
he had carefully studied Westons rebuttal along with other information about
missingmoniesinsteadofsummarilydismissingitwithoutdiscussingtheissues
raised. But it appears from the city managers response that it is going to be
businessasusualaroundhere,perhapsaccompaniedbyagameofmusicalchairs
played by insiders from around the county. (3 July 2013, NEW CITY MANAGER
SWEEPSALLEGATONSUNDERTHERUGbyDavidArthurWalters,MIAMIMIRROR)

IstoppedbyPermitDoctoronmywayout.Thecompanydoingbusinessunder
that name has on office next door to city hall, so it seems to be part of the
BuildingDepartment.Thebusinessmodel:theBuildingDepartmentissosickthat
onemusthaveadoctortodealwithit,togetpermits,makeinspectionsprivately,
and so on. Of course doctor charge and an arm and leg. Hi. Do you have any
informationonfazedpermitting?Iaskedthemansurroundedbystacksofpaper
inside.What do you mean by fazed permitting?Someone in Building called it
earlystartpermitting,goodfordemolitionorfoundationwork.Oh,that.There
isnosuchthingasapermittostartearly.Youcangetapermitfordemolitionor
something else, ordered to stop work, and you might be fined twice the permit
fee for getting ahead of the permitting. Getting ahead? The phrase was
familiartome.Yes.Itdawnedonmethatfazedpermittingmustbetheofficial
waytodowhatowners,developersandcontractorshavedoneallalong.Infact,I
hadwrittenaseriesofarticlesonit,entitled,GettingAheadofTheJobCon.The
unlicensedgeneralcontractorherentedlicenseswhenneedbebutstillranthe
jobsandhandledallthemoneywhomIfeaturedintheserieswasangry.Hesaid
Iwasjustreportingonwhateverybodydoes.Hereistherefrain:Everybodydoes
it, everybody knows it, and nobody cares! (2 March 2014 ON BEING FAZED,
PRELUDETOPHAZEDPERMITTING,byDavidArthurWalters,MIAMIMIRROR)

One of the several employees mentioned in the New Times Article was a fire
inspector by the name of David Weston, working as an unclassified professional
employee of the city. He said he believed he was terminated two days after
several arrests of building department employees, in March of 2008, simply to
renderhimguiltybyspuriousassociation.Westonispresentlyemployedbythe
companythatownsPermitDoctor,theleadingpermitexpeditorinthearea.Heis
intherightbusiness.NewTimesreporterMichaelE.MillernotedthatWestons
oldjobasafireprotectionanalystsuitedhisobsessiveness.Heavenforbidsthat
ordinances be obsessively enforced in a paradise where antinomian libertines
tromp with virtual impunity. His engineering training, his long experience in the
building industry, and his familiarity with the faults of the permitting processes
canonlybeaboontoPermitDoctorclientele.Heisalsoobsessedwithcleaning
up that process, and refuses to roll over for fear of further retaliation. Weston
claimedthathehadbeenfiredfromthefiredepartmentforinsistentlyreporting
missing monies to superiors, by which he meant millions of dollars of permit
fees gone uncollected due to the gross undervaluation of properties subject to
suchfees.AlthoughWestonscurtletterofdismissaldidnotgiveanyreasonfor
termination,hesaidthepretextforhisdismissalwasthefalseaccusationthathe
had violated a countywide ethics ordinance prohibiting conflicts of interest.
(ValentinesDay2014,SAVINGMIAMIBEACHGOVERNMENTFROMHELLFIRE,by
WalterDavidsonakaDavidArthurWaltersMIAMIMIRROR)

Ifollowedupwithcityofficialsonhisrecommendationthatthetemporarysign
permitting process should be handled online for the convenience of everyone
concerned. City officials did not respond. They seldom do directly respond to
constructive suggestions. A realtor who declined to be named said that Permit
Doctor, a permit expedition company annexed to City Hall, handles signage
permits but the fee is high and realtors are cheap. A member of the Planning
Departmentstaffrecountedhowherrealestateinstructorhaddescribedhowthe
sign permitting system could be gamed by placing an advertisement for one
propertyonanotherbuilding,ownedbysomeonedifficulttoreach.Bythetime
someone complained and the sign was taken down, a great deal of free
advertising could be had. (28 June 2014 MEMORANDUM TO: George Castell,
Administrator, Code Compliance Department, Michael Grieco, Esq.
Commissioners, CITY OF MIAMI BEACH, Re: Significant Sign Shuffle at 5th and
Meridian)

HAPPY HALLOWEEN SIGN


BY
THE PERMIT DOCTOR

October4,2014
DamianJ.Gallo
DamianJGalloAssociates,Inc.
dbaPERMITDOCTOR
CityHallAnnex
CityofM
MiamiBeach
Subject:HappyHallo oween

DearMr..Gallo:[NORESPONSE]

Greetings!

I thought of you wh
hen I saw yo
our Halloweeen sign on the fence in
n front of 1050
1 Washinngton
Avenue, oneofseve eralhotelstrructuresbeingrenovateedonthatco orneracrosssfromthep police
station.InoticedanoothersuchH Halloweensignon11thStreetfacingthepolicesstation.Therreare
manyoth herkindsoffsignsandb bannerson thefencesaandhanginggfromtheb buildings,no
oless
scary.


Noticeb
bannershangin
ngfromthetop
pofthestructu
ure,whichisafloorbeingadded
YoumayyrecallmyM May2012arrticle,exhibiitedbelow, andourdiscussionwheereinyouaggreed
with myy view that permit exp peditors and their com
mpanies sho ould be liceensed like other
o
constructtionindustryprofession nals.Ipresentedourop piniontohigghofficialsooftheCityMMiami
Beachalo ongwithassuggestiontthatthecityyrequireperrmitapplicantstodisclo osethenam mesof
expedito orsassistingtthemwithp permitting,th
hatinformattiontobepo ostedtoaseeparatedataabase
mine, for exxample, to what
field for several reaasons, including statistical analysees to determ
degree expeditors
e are
a actuallyy facilitatingg the permiitting proceess. That infformation might
m
prompteefficiencystu udiesandinvestigationssintowheth heranyadvantagesgaineedarelegitimate
ortheresultofmoraalorcriminalcorruption.

I receiveed from city officials no


o response whatsoever
w to my sugggestions. Quuite frankly, they
wereuninterestedin ntheopinion nsofanunapprovedopiinionator.

PermitDoctorAdvertisement

The PERMIT DOCTOR staff is ready to provide clear information about
permitting regulations and the permitting process, inform homeowners about
permitrequirementsfortheirspecificprojects,conductplanreviews,andissue
permits.Allthisisdesignedtomakegettingapermitasconvenientaspossible.

Yourfirmisthemostreputableexpeditorinthismarket.AsIhavepointedoutinthearticle,
yourofficeinthecityhallannexandyourInternetadvertisementatthattimestatingthatyour
firm issues permits gave the impression that Permit Doctor is a government agency or a
preferredpartneroftheCityofMiamiBeach.

You certainly should be proud of yourself and the development of your business. I would
recommend that the City Commission express the appreciation of the community for your
contributions,ifthathasnotalreadybeendone.

Youradvertisementaverredthat,DamianJ.Gallo&Associatesisbuiltupontraditionalvalues
borninMiamiBeach,Floridain1990providingfundamentalbuildingservicesenduringbusiness
success. Integrity, determination and professionalism are vital in the quest to maintain and
enjoylongterm,mutuallybeneficialbusinessrelationshipswiththeircustomers.

These services were listed: Certificate of Completion, Violations Remediation, Expediting


Services, Inspection Management, Fire & Building Compliance, Special Inspections, Recording
Services,CertificateofOccupancy,ExpiredPermitExposure,PlanReview&Processing,Permit
Administration,OccupancyLoadCalculation,40YearInspections,SpecialEventsPermitting.

Iwagethatyourtemporaryconstructionsignsaswellasthoseofyourclientsatthisandother
sites are not permitted by the Planning Department. Here I see that Kobi Karp and Hogan
Brothershavegottenthemselves$25permitdecalsoveratthegaragefortheirsigns,asifthey
are temporary real estate signs. I do not blame them, but they might want to examine the
setbackrequirementsofthecode.Allyouneedtogetoneofthosedecalsis$25,noquestions
asked except your name and address. One realtor I know moves his sign with decal from
propertytopropertyasneeded.

InoticethatSignPermittingisnotonthelistofyourservicesalthoughoneofyourassociates
hastoldmethatitisoneofyourfirmsspecialties.Ifthatisafact,thenwithallduerespectI
mustsaythattheintegrityadvertisedisjustprettyorspeciousinrespecttosignsbecausethe
realitydoesnotmatchideality,i.e.fullcompliancewiththesignageordinances.Ofcoursefull
compliancewouldsaveyoufromhypocrisyinadvertisement,notonlyinrespecttosignage,but
perhapsinregardstotheservicesthatyouprovidebehindthesigns.

According to the Signage Ordinance Scofflaw Theory, violations of signage ordinances signify
the probable presence of far more serious code violations. Signage scofflawry has become a
tradition in Miami Beach because the signage code is not enforced unless someone risks
retaliationbyfilingacomplaintbecausethesignsareugly,orbecausethepartiesresponsible
aredisliked,orbecausethecomplainantisobsessedwiththenotionthateveryoneshouldobey
laws or at least not openly flaunt disobedience, or because the complainant knows very well
thatgovernmentsnegligenceinenforcementisatreattothesafetyandwelfareofthepublic.
Actually,themotiveforreportingviolationsshouldnotmatter.

PermitDoctorsignat850CommerceStreet

Inoticedyoursignat850CommerceStreetsometimeago.Myinterestthenwasinthephased
permitting the new city manager and his building official introduced because the city was
incompetent to keep up with the workload so allowed construction to proceed without full
permits provided it would not be held liable for the consequences, with inspections to be
performedbyprivateinspectorshiredbytheownersanddevelopers.Asyoumustknow,some
studiesshowthatprivateinspectionsareinferiortopublicinspections,thereasonbeingthat
privateinspectorshaveaninherentconflictofinterest.Ontheotherhand,PlazaConstructions
ONEOCEANsuperintendent,BillSuarez,toldmethatprivateinspectorscanbetoometiculous
whentheyarepaidonaperinspectionorpiecemealbasis.

I see that your customers include Trump Grande, Greenberg Traurig, Starbucks, Victorias
Secret, Siemens, Arquitectonica, Miami Beach Convention Center, among many other
prestigious names, and Kobi Karp, one of my favorite architects because they at least buy
temporaryrealestatesalesorrentalpermitdecalsfortheirtemporaryconstructionsigns.Isee
KobiKarpisredoingthePlymouthHotelat33621stStreetforThinkHotelGroupIwonderif
Think is out of its mind for paying $18.25 million for a property appraised at $1.3 million. I
strolled by there on the weekend. Lo and behold, there was another one of your Halloween
signsalongwiththeusualsignageblight.

Mind you that I understand that companies have every right to be proud of their work, and
thinkiftheythrowuptheirsignseveryonewillrushtogivethemsomemoreofit.Thefactis
thatmostpeopledonotlookattheconstructionsignsthoughtouristsmightbeinterestedin
the hoteliers or developers advertisement if tastefulmuch is disgusting. This is blight plain
and simple. Did you having the Planning Department permit this frightening blight for your
client?

State law requires commercial designers and contractors to place their license numbers on
advertisements.Manyofsameseemtobeashamedoftheirlicenseinasmuchastheyprintitin
tinyfontornotatall.IsCasaConde&Associateslicensed?Ifso,canwetrustadesignerwho
either ignores or is ignorant of that detail? What about DQMCORP? Project managers have
beendeemedcontractorsbyregulators.Whereisitslicensenumber?YHCEasanengineering
companygetsapassonthatbylaw.

There is a bottom line to all this, underlining and partly excusing the neglect of industry
professionals and public officials: the signage code sucks. The whole shebang should be
rewrittenfromtoptobottominsuchawaythatitiseasytoabidebyandenforce,andthecity
managercompelledtohaveitenforceditorelse.Irecallseeingyourfirmdefendingitselfatthe
SpecialMastercourtforanitpickingsignageviolationinyourownofficewindow.
Butcityofficialsdonotseemtogiveadamnaboutthewholeshebang,andthatcoldshoulder
orsilenttreatmentisascarysignofhorrorstocome.Mysuggestionstocitymanager,attorney,
andcommissionhavebeengreetedwithuttersilence.

Fornowallwehavetorelyonistheprofessionofintegrity.Ifyoursignsarenotpermitted,I
hopeyouwillhaveenoughofthattogetthempermittedorremoved.

HappyHalloween!

Sincerely,
David Arthur Walters


EXHIBIT

EXPEDITING CONSTRUCTION AT THE BUILDING DEPARTMENT

May9,2012
ByDavidArthurWalters
MIAMIMIRROR

The raucous Tuesday Breakfast Club on May 9, 2012, made it evident that the most vocal of
Miami Beach residents are fed up with all aspects of the administration of Boss Jorge
Gonzalez,whichtheyfeelhasbeenaninequitableoperationfromtoptobottomforadozen
years, particularly in the selection of favored developers and contractors for major projects,
unfair permitting processes, selective enforcement of ordinances and codes, and retaliatory
measurestakenagainstanyonewhocomplains.

Indeed, it seems the chief complaint was that no one with anything at stake would dare to
complain.Fearandintimidationwastherule,atleastuntiltheFBImovedinwithafewarrests.
Thatanditscontinuinginvestigationhaverestoredhopethatjusticewouldfinallybedone.

ThemembersoftheTuesdayBreakfastClubareanyonewhowantstoshowupformeetings.
Theywerepatienttobeginwith,allowingthecitymanagertopresenthisprogramfordealing
with the corruption crisis: Create a partnership with the FBI; install an inspector general; get
training from the Miami Dade County Commission on Ethics and Public Trust; appoint an
independent auditor; consult with a former U.S. attorney; appoint a cop who is a lawyer as
directorofCodeEnforcement;obligecityemployeestoratoneachotherandofficials.

Almosteveryonewasallreadyawareofthereformshewouldpropose.Aflyerhandedoutin
advancedeemedthemajokeatbest.
Instead of asking questions about his proposal, people started complaining about their bad
experienceswiththeadministration.DavidKelsey,themoderatorofthemeeting,grabbedthe
microphone and demanded voluntary good order in lieu of appointing a sergeantofarms. A
mainstreammediaoutletwouldlaterreportthatpoliceofficerswererushedinatthatpointto
protect Mayor Matti Herrera Bower from tumult, but that claim, prompted by an attendees
remarkaboutherpoliceescort,wasabsurdinasmuchasthemayorwascasuallysittinginthe
crowd,cheerfullychattingwithherconstituents,whowerenotabouttolynchher.Afterall,she
isjustthemayorofaweakmayorsystem;theywantedatthecitymanager,torakehimover
thecoals,togrillanddevourhimforbreakfast.

Mr. Kelsey insisted that any complaints should be aired at the commission meeting on the
morrow, to be held on the subject of dismissing the city manager, and that the breakfast
proceeding would be limited to asking questions; therefore no statements were to be made.
Butthenagentlemanrecognizedonthefloorbegantomakeanicestatement;towit,thatthe
managersproposalmadegoodsense.Thatdidnotsitwellatallwiththeaudience.

Askaquestion!someoneangrilyshouted.

He was not to be shouted down. He reiterated his unseemly compliment, and then started
complainingabouttheBuildingDepartment.Towit,hehadbeentryingtogetapermittodo
somethingwithhisbuildingbuthewasimpededbytheBuildingDepartmentswretchedrules
andprocedures.

Whatisthequestion?Thatsastatement!someoneelseexclaimed.

ButhecontinuedtalkingaboutthecomplexitiesoftheBuildingDepartment.Icouldseethathe
wantedtodriveastakeintotheveryheartofthecorruptionbutwaspreventedfromdoingso
because he felt he should play nice because he still feared the retaliation he referenced in
gentlemanlyfashion.IshallnotmentionhisnameherelestIsomehowcontributetohisfailure
togetthepermithedesires.

Askaquestion!

It occurred to me that the illustrious members of the Tuesday Breakfast Club had forgotten
Professor R.G. Collingwoods lesson, that the flip side of a statement is a question, and vice
versa. Instead of complaining about the dirty laundry at the Building Department, the
gentleman might have asked if the manager intended to install a clothesline in that
department;whichisthesamethingassayingthereissomedirtylaundrytherethatneedsto
bewashedandhungouttodry.Orhemightjustaskhowtogetapermitgiventheconfounded
situation.

Iwillanswerhisquestion,Iloudlydeclared,anddeterminedtodosoeventhoughsomeone
immediately tried to shout me down. I felt I had a perfect right to answer the gentlemans
question,putintheformofastatementaboutconditions,becauseIhappentobeoneofthe
citymanagers90,000assistantcitymanagers.

Sir,theanswertoyourquestionisthatyouhavetopayanexpeditor$25,000,andthenyou
shallgetyourpermitrightaway.

Themanturnedtolookmeintheface,andIcouldseebyhisexpressionthatheunderstoodme
perfectlywell,asdideveryoneelseintheroomwhohadanythingtodowithgettingpermits
fromtheBuildingDepartment.

Yes,itistrue,anownerordeveloperorcontractorcouldwalkthedocumentshecouldnotget
theBuildingDepartmenttoapproveovertoaprivateexpeditor,givehimampleenoughcashor
a check for a substantial amount, and his permit would be approved with those same
documentsforthwith. Well,sometimesitmightbenecessarytosubstituteasingledocument
withanotherone;forexample,anexpeditorsubstitutedaplanforanalreadyapprovedparking
lotdownthestreetfortheownersplan,andcollected$1,800forthisexpeditiousservice;the
parking lot permit application based on someone elses parking lot plan was approved.
Furthermore,donotworryabouttheinspectors:amongotherthings,theprivateexpeditorcan
takecareoftheinspectionprocesstoo.

A private expeditor, who deals with a crucial aspect of contracting, and whose mistakes or
misdeeds could definitely endanger the public, does not have to be licensed by any
governmental agency. Tony Gonzalez, the new operations manager for the Building
Department,agreedwithmethatexpeditorsshouldbetestedandlicensed.AndIbelievethey
shouldbebondedaswell.

My concern with expeditors is the possibility of wholesale corruption and subversion of


legislationintendedtoprotectthepublic.Drugtraffickers,forexample,tellusthatitisbetter
tobeawholesalerthanaretailer,becauseexposuretoagreaternumberofpeopleincreases
the risk of being apprehended. Similarly, two or three expeditors trusted by corrupt Building
Department employees could pay out a percentage of the fees they collect from their
customers to those employees with little risk of detection if the corrupt transactions were
handled carefully. Their customers might even believe they were paying experts to deal with
the notoriously complicated process, when in fact they were favored because officials were
bribed.

Infact,thatwasthecaseinMexico,whereWalMartpaidmillionstoexpeditorsorgestores,
paymentsdisguisedaslegalfees,toquicklygetpermitstobuildouttheirstores,anacceleration
orsubversionoftheprocesstheywerenotentitledto.WalMartofficialsinMexico,whowere
eventuallyassignedtoinvestigatethemselves,knewthefeeswereinpartusedasbribes.One
legal question raised, to determine if the payments were bribes, technically speaking, is
whetherornotthegestoreswereagentsoftheMexicanagentsissuingthepermits.
AreMiamiBeachexpeditorsagentsoftheBuildingDepartment?Onemajorexpeditor,Damian
J.GalloAssociates,Inc.,dbaPermitDoctor,whorentsspacefromthecityandadvertisesthe
conventioncenterasitsclient,goessofarastoadvertiseitselfasthepermittingauthority:

PermitDoctorstaffisreadytoprovideclearinformationaboutpermittingregulationsandthe
permittingprocess,informhomeownersaboutpermitrequirementsfortheirspecificprojects,
conduct plan reviews, and issue permits. All this is designed to make getting a permit as
convenientaspossible.(Emphasisadded)

Wenoticethatotherplanningandpermittingagenciesthroughoutthecountryhavetheirown
expeditorstorendertheprocessesconvenient.TonyGonzalezandhisdirector,StephenScott,
didnotrespondtomyrecommendationthattheCityofMiamiBeachhireitsownexpeditorsto
serve the public. Additionally, since complexity fosters corruption, revision of the codes may
reducetheneedforbribestoacceleratetheprocesses.

Another serious issue with unlicensed expeditors is that they may engage themselves in or
themselves be deceived by a conspiracy of owners, developers, unlicensed and licensed
contractors,todefraudthecityoffeesandsubvertlegislationdesignedtoprotectthepublic.
Forexample,anunlicensedgeneralcontractormayconspiretorentthelicenseandinsurance
ofalicensedcontractor,rentanarchitectssignature,submitfalseaffidavits,grosslyunderstate
thescopeandvalueofprojects,andotherwisemakeafooloftheBuildingDepartmentandits
inspectors.

Ihandedmycardtothegentlemanwhowantedapermitashewasleavingthemeeting.We
exchangedknowinglooks.Imentionedthat$25,000inabrownpaperbagmightdothetrick.
That would be for the cutrate expeditor. I do not expect to hear from him because he is a
gentlemaninneedofexpedition,andmynameisMudattheBuildingDepartment.

##

You might also like