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HomeMy WebLinkAboutCC 2023-01-07 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Saturday, January 07, 2023 11:00 AM Special Meeting City Hall (Meeting recessed and reconvened on Sunday, January 08, 2023 at 2:00 PM) City Commission Francis X. Suarez, Mayor Christine King, Chair, District Five Joe Carollo, Vice Chair, District Three Alex Diaz de la Portilla, Commissioner, District One Commissioner, District Two Manolo Reyes, Commissioner, District Four Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 INVOCATION AND PLEDGE OF ALLEGIANCE 11:00 AM On Saturday, January 7, 2023 Present: Chairwoman King, Vice Chair Carollo, Commissioner Diaz de la Portilla, and Commissioner Reyes Note for the Record: Commissioner Diaz de la Portilla entered the Commission chambers at 12:14 p.m. 2:00 PM On Sunday, January 8, 2023 Present: Chairwoman King, Vice Chair Carollo, Commissioner Diaz de la Portilla, and Commissioner Reyes Note for the Record: On the 7th day of January 2023, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in special session. The Commission Meeting was called to order by Chairwoman King at 11:58 a.m., recessed at 2:48 p.m., reconvened at 3:58 p.m., recessed at 4:57 p.m., and reconvened at 5:43 p.m. A motion was made by Commissioner Diaz de la Portilla, seconded by Vice Chair Carollo, and passed unanimously to recess the meeting at 5:54 p.m. and reconvene on Sunday, January 8, 2023, at 2:00 p.m. The Special City Commission Meeting was reconvened on January 8, 2023, at 2:14 p.m., recessed at 3:01 p.m., reconvened at 3:52 p.m., and adjourned at 4:18 p.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair King: (INAUDIBLE) with prayer. This is a very important meeting, and I don 't like to start any of my meetings without first having a prayer for what we are about to get into. And we have our pastor here from New Macedonia -- Lance Bailey: The Historic Macedonia Church, here located in Coconut Grove, Pastor Lance Bailey. Chair King: I thought it appropriate to have someone from D2 (District 2) to preside over our meeting for us. So, if you would all stand. Invocation and pledge of allegiance delivered. Chair King: Thank you. You may be seated. [Later... J Chair King: Good afternoon. Good afternoon, everyone. Welcome to the City of Miami, the special Commission meeting for January 7, 2023. At this time, I am going to ask Pastor Michael Bryant to do the invocation for us. Tell everyone the name of your church. He 's a local from Coconut Grove. Pastor Michael Bryant: My name is Pastor Michael Bryant. I am the pastor of the Greater Sweetfield Missionary Baptist Church, here in Coconut Grove. City of Miami Page 1 Printed on 02/272023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 ORDER OF THE DAY Invocation and pledge of allegiance delivered. Chair King: Thank you. Mr. City Attorney, do you -- John Greco (Deputy City Attorney): Madam Chair. Chair King: -- have any notices that you need to read for this meeting? Mr. Greco: No, Madam Chair. This is -- it's just a recessed meeting. It's as if we took a break, so we can we can just continue. Chair King: Okay. Mr. City Clerk? Todd B. Hannon (City Clerk): No, ma'am. I have no statement to make. Chair King: Okay. Chair King: Mr. Manager, Mr. Manager, those who are not able to be present in chambers, are they able to hear this meeting outside? Arthur Noriega (City Manager): We 're working on it. But as of right now, they can't. So we're working on it though. Chair King: How long is it going to take? Mr. Noriega: The audio is working outside? Okay, so the audio is fine, we just don't have video outside. Chair King: I'm sorry? Mr. Noriega: We have audio. We don't have video yet. Unidentified Speaker: We have audio. Chair King: You have audio. So they can hear? Mr. Noriega: Yeah. Chair King: Okay, because I want everybody to be able to participate in this process. Of course, we can 't have everyone sitting here because there 's not enough space, but we should -- and are they comfortable? Are they able to sit down? Do we have some place -- or are they just standing? Unidentified Speaker: They are just standing. (COMMENTS MADE OFF THE RECORD) Chair King: Can we get some chairs, some tents or something so that they --? I don 't know why we didn't anticipate that we would have such a huge crowd. Applause. City of Miami Page 2 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Chair King: And at this time, I would like to set the order of the day. Colleagues, I'd like to propose that we hear from the candidates first so that the community can hear what each person stands for and then we hear from the community. How do you guys feel about that? Vice Chair Carollo: Madam Chair, I'm fine with that. I suggest that you start alphabetically so that we can't be accused of putting one versus the other first. You start in alphabetical order if the Clerk could do it. But if I may go back to what you were discussing before. If I may respectfully ask of the Chair and the Administration if they could open the upstairs. There 's plenty of room upstairs, like we've had in the past, so that instead ofpeople being outside, they could participate in democracy, seeing it a lot closer from the upstairs. At the same time, I don't know if the COW (Committee of the Whole) room, or whatever it's called these days, it's open, but if those that might want to sit back there and hear it and watch it through the television, we should open that up too. Instead of having people outside, that's a little more not as close as some people I think would want to be able to participate in. Commissioner Reyes: Madam Chair. Vice Chair Carollo: So, if we could do that, Madam Chair, I would be very appreciative. Commissioner Reyes: I agree with Commissioner Carollo. I was going to propose the COW room also and any other space that we have. It could be either the -- I mean, up here or by the -- if there's not enough room, we can also -- Joe, we can also use the City Manager's or the Mayor 's. Vice Chair Carollo: Well, I see three people up there already. Commissioner Reyes: Yeah. Vice Chair Carollo: So, there's certainly room for many, many others. Commissioner Reyes: Yeah. There's a lot of room, okay. Chair King: So, if staff could start working on -- Commissioner Reyes: That's right. Chair King: -- making the attendees -- Commissioner Reyes: And ifyou can -- Chair King: -- a little more comfortable. Commissioner Reyes: -- you can't get into the COW room, those residents that they have any impairment, because they'd be sitting there, okay, I mean, then they won't be standing like they be standing in the promenade. Chair King: And I know that this is a very important topic and it's very emotional, but I would ask you to please be respectful of the rules of chambers, no clapping. If you want to express your discontent or your happiness for anyone, please do this. And we're going to get through this. We are going to get through this. I believe our City Attorney has a statement to read into the record. Victoria Mendez (City Attorney): Thank you, Madam Chair. Detailed information about the processes, order of business, rules of procedure, scheduling or rescheduling City of Miami Page 3 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 of City Commission meetings can be found in Chapter 2, Article 2 of the City Code. A copy is available online at wwmunicode.com [sic]. Any person who is a lobbyist pursuant to Chapter 2, Article 6 of the City Code must register with the City Clerk and comply with the City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing any consideration provided or committed to anyone for agreement to support or withhold objection to the requested action pursuant to City Code Section 2-8. In accordance with Section 2-330 and (g) of the City Code, the agenda and the material for the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at wwwmiamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes, unless modified by the Chair. Public comment will begin approximately at noon and remain open until public comment is closed by the Chair. Members of the public wishing to address the body may do so by submitting written comments via the online comment form. Please visit wwwmiamigov.com/meetinginstructions [sic] for detailed instructions on how to provide public comment using the public comment form. The comments submitted through this comment form have been and will be distributed to elected officials and City Administration throughout the day. Additionally, the online comment form will remain open during the meeting to accept comments and distribute to the elected officials up until the Chair closes public comment. Public comment may also be provided live at City Hall, located at 3500 Pan American Drive, subject to any and all City rules as they may be amended. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. When addressing the City Commission, the member of the public must first state their name, their address, and what item will be spoken about. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notes the City Clerk. The City has provided derent public comment methods to indicate, among things, the public's support, opposition, or neutrality on the topics at the City Commission meeting, in compliance with Section 286.0114(4)(c), Florida Statutes. The public has been given the opportunity to provide public comment during the meeting -- (COMMENTS MADE OFF THE RECORD) Ms. Mendez: -- and within reasonable proximity and time. (COMMENTS MADE OFF THE RECORD) Ms. Mendez: Anyone wishing a verbatim record of the item considered at this meeting may request it at the Office of Communications or view it online at wwwmiamigov.com [sic]. Please silence all cellphones and other noisemaking devices now. This meeting can be viewed on Miami TV, the City's Facebook page, the City's Twitter page, the City's YouTube channel, and Comcast Channel 77. The broadcast will also have closed captioning. And if the young lady having the problem with circulation has an issue, she has all these methods with which to communicate with the Commission. Thank you. Chair King: Mr. City Clerk, do you have anything to read into the record? Todd B. Hannon (City Clerk): No, ma'am. Chair King: Okay. I would like again -- colleagues, I think that the candidates should get five minutes to speak, and the public gets two minutes to speak like usual. What say ye? Vice Chair Carollo: How many candidates do we have? City of Miami Page 4 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Chair King: We have 14. Mr. Hannon: 17. Chair King: 17. Vice Chair Carollo: 17. Mr. Hannon: 17. Vice Chair Carollo: I think five minutes is a long, long time, Chair. If we could cut that Chair King: Three? Vice Chair Carollo: -- at least to three. Chair King: Three minutes, okay, and we 'll give the community two minutes to speak. (COMMENTS MADE OFF THE RECORD) Mr. Hannon: Chair, we really need any comments to be made on the record, so I would just request that if anyone wants to speak, that they come to a podium. Chair King: Not yet. We 're trying to decide. So what's the feeling, guys? Vice Chair Carollo: Excuse me? Chair King: What's the feeling for the candidates? Vice Chair Carollo: Three minutes. Chair King: Three minutes? So each -- Vice Chair Carollo: Three. Chair King: -- candidate will have an opportunity to speak for three minutes -- Vice Chair Carollo: Yeah. Chair King: -- and the public will be able to speak for two minutes. And we'll go in alphabetical order for the candidates, and we 're going to allow the candidates to speak first, okay. Vice Chair Carollo: Chair, I respectfully request that before we move forward in hearing from the candidates and hearing from the public and then the discussion among ourselves, that the Chair makes it very clear that if there are individuals that want to be disruptive, that they think that democracy is only for themselves and are going to be screaming and saying things that are out of turn without them having their two minutes to come up and speak, that the Chair instructs the personnel that we have here to politely escort them out of the chambers. Otherwise, this is going to become chaotic and anybody that wants to have their five seconds of fame and pretend that they're very important outside of their own home are going to be screaming, yelling, and doing whatever they please. Chair King: I trust this body and I know that we are going to conduct ourselves in an orderly fashion, and we will use our ordinary policies and practices to address such City of Miami Page 5 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 conduct should that occur. But I'm confident that we're going to get through this meeting in an orderly way. I believe our first candidate -- and we're going in -- Mr. Hannon: Chair. Chair King: -- alphabetical order -- Mr. Hannon: Chair. Chair King: Yes. Mr. Hannon: I apologize. Is there a cut-off time that the body would like to provide or direct me when it comes -- Chair King: Three minutes. Mr. Hannon: No, no, when it comes to the acceptance of applications because currently, we're still accepting applications. How long should we continue to accept them? Should the cut-off time be now, at the end of the last applicant that speaks? I need a cut-off time. Commissioner Reyes: Madam Chair, I believe that everybody had enough time to apply. And since we 're starting it, we cannot keep adding names here. Vice Chair Carollo: Well, since we did not indicate a cut-off time, I think it would be appropriate for us to indicate that. Commissioner Reyes: Yes. Vice Chair Carollo: I would suggest to this body that the cut-off time would be that anyone that would like to be considered would need to have their application submitted before the last speaker that has submitted an application speaks and then the Clerk, if there's one or more, can bring them up in alphabetical order, if there are any other candidates. Commissioner Reyes: Yeah, I understand that, your argument that there was not a cut- off time. I don 't know if we didn 't -- Vice Chair Carollo: We didn't. Commissioner Reyes: We didn't -- when we advertised this, we didn 't say -- we didn 't state it? Well, we should have. We should have -- Vice Chair Carollo: But we didn't. Commissioner Reyes: -- stated it. Vice Chair Carollo: Yeah. Commissioner Reyes: And that leaves us open then, you see. But I will say that either we give them 10 more minutes or -- Chair King: I think it will be fair, up until the very last -- Commissioner Reyes: The last speaker. Chair King: -- applicant because maybe -- City of Miami Page 6 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Commissioner Reyes: The last speaker. Chair King: -- maybe someone didn't know -- Commissioner Reyes: Okay. Chair King: -- and they're watching it on TV, and they're hearing it now and they rush down here. And if they can get here before the last applicant speaks and get -- Commissioner Reyes: Okay. Chair King: -- their application in, I'm okay with that. Commissioner Reyes: I'm okay to that, but what a rush of interest happens when -- by looking at it. You think -- I mean, if you wanted to apply -- I mean, if you want to serve, you should have known before, you see. Vice Chair Carollo: Commissioner, I agree with you, but unfortunately -- Commissioner Reyes: Okay. Vice Chair Carollo: -- because -- Commissioner Reyes: We are caught. Vice Chair Carollo: Yeah. Commissioner Reyes: We are caught in our -- Chair King: Right, because I don 't want -- Commissioner Reyes: Okay. Chair King: -- anyone to say they didn't have an opportunity. So let's give them -- Commissioner Reyes: Okay. Chair King: -- up to the last second for an opportunity. PUBLIC COMMENTS FOR ALL ITEM(S) 13245 DISCUSSION ITEM Office of the City Clerk PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE PUBLIC FOR THE JANUARY 7, 2023, SPECIAL CITY COMMISSION MEETI NG. RESULT: PRESENTED Chair King: If there's no other candidates -- are there any other candidates? Are there any other persons that would be -- would like to be considered for appointment? Seeing none, the public comment period now is open. City of Miami Page 7 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Abbey Waxman: Good afternoon, ladies and gentlemen. My name is Abbey Waxman. Chair King: Hold on one second. It's not necessary for everyone to line up, and you're going to create another hazard. Everyone will get a chance to speak, I promise, so maybe four at a time at each lectern, and then once that four has completed, we get another four. Joseph Zahralban (Chief of Fire): Folks, afternoon. If I may, there will be four people standing to speak at any given time. Please do not lose your seats, so everybody other than four at each lectern, four people at each lectern that are going to speak, please sit and then you will have the opportunity to stand up and speak. (COMMENTS MADE OFF THE RECORD) Todd B. Hannon (City Clerk): Chair, we really need comments on the mic. Chair King: Okay. Hold on, we're frying to get our four -- do we have our four? Go right ahead, ma'am. Ms. Waxman: Good afternoon, ladies and gentlemen. My name is Abbey Waxman. I am a member of this community. I am an attorney in this community, and I'm a mother in this community to him and to soon to be him. I'm here to speak on behalf ofMartin Zilber. I've had the pleasure of practicing law in front of him when I was in criminal court, and I have had the pleasure of becoming dear friends with him and his wife, Cindy, and their children. Martin is a unique character who is uniquely positioned for this job. He is certain with his decisions. He is smart. He cares about making sure he makes the right decisions in every decision he makes, and I think that he would be an incredible asset to this community. Chair King: Thank you. Derek Negron: Good afternoon. My name is Derek, and I do live in District 2, 31 Southeast 6th Street. Dear Commissioners, I'm honored to speak to you today about James Torres, the best candidate for Commissioner at the City of Miami, District 2. I have the pleasure of knowing James for two and a half years and have always been impressed by his passion and dedication to serving his community. He's a true leader with a deep understanding of the issues that matter most to our district and its residents. Whether it's fighting for better schools, safer streets, or more affordable housing, James is always willing to roll up his sleeves and get to work. He has a proven track record of making a positive derence in the lives of his fellow Miami residents of District 2 and has the skills and expertise necessary to effectively lead our city. But what James -- what set James apart from other candidates is his unwavering commitment to our community. He 's (UNINTELLIGIBLE) proud of our city and its diverse culture, and he's always looking for ways to promote its growth and prosperity. I have had the opportunity to see James in action firsthand. For example, I recall a time when I bothered James like for two weeks to repair the flags on Brickell bridge. It is a small act, but it shows James' commitment to maintain the pride and dignity of our city. In short, James is the kind of leader that Miami needs, passionate dedicated public servant. He's the best choice for Commissioner of District 2, and I urge everyone here to support him in his campaign. Together we can build a brighter future for our city and its residents. Thank you. Chair King: Thank you. Good afternoon. Adam Finkel: Good afternoon, everybody. My name is Adam Finkel. I've heard a number of people today talk about how they've been lifelong Miami residents; I have not been. I moved here from New York about 10 years ago to pursue a career in public City of Miami Page 8 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 service. I figured I'd be here for two years, and I didn't. As everyone can see here and my beautiful wife that was just here, Miami is now my home. I had the pleasure of meeting Martin Zilber through my public service job when he was a judge. He was careful in his decisions. He worked hard. He was kind to everybody that came through the courtroom. And to anybody that's been in a criminal courtroom, people are often the opposite of kind to judges. He gave everybody time to speak. He thought about his decisions. He was careful and he was measured. After leaving that job, I had the honor of becoming his friend. And when I think about what has made Miami where I now choose to raise my family and where I know I will spend the rest of my life, it's people like Martin. He welcomed me in. I didn't know a single person when I moved down here. It was his hard work, it's his kindness, it's who he is. He's the same person in the courtroom that he was when we go to dinner. He's kind, he's careful. When you need him, he's there, and he loves Miami. When I think about -- I need advice for something to do in this city because I've only been here for 10 years, the first phone call is Martin, and he answers. He's always there, and this is his home. These are the people he cares about. He didn't have to pay attention to me; I had just shown up. This is how he treats everybody. Our community would be better off with Martin in this position. I urge everybody to support him. Thank you. Chair King: Thank you. Good afternoon. Albert Gomez: Good afternoon. Albert Gomez, 3566 -- that was so cute. I don 't recall that there was an announcement that candidates would be speaking today, so I think it was maybe unfair to candidates that didn't show up. They weren't able to speak here today. So -- no, there was? Mr. Hannon: All the applicants were fully aware of today's meeting and that they could speak. Mr. Gomez: That they could speak, okay. Mr. Hannon: Yes. Mr. Gomez: That's wonderful. Thank you so much for clarifying that. The other point I would make is, you know, one day after January 6, you know, rating elections for the United States government and us having a discussion on whether or not we're going to appoint or elect or hold a special election, I think it's really critical that we give the public every opportunity to speak and give their points of view. And one of the ways that they exercise that is through elections, special or not, so every opportunity we have to embolden the public, we should give the public that opportunity. And then on another point I would like to make is incumbency, the point of incumbency. Christina -- I know this is -- Commissioner King, this is -- I'm not speaking to you directly. I'm just -- I'm more for allowing people to be elected, not appointed, and I think it's really critical that we don't give anybody runway for a follow-up election, that we give them the opportunity to be elected by the public and move forward from that. And then when it comes to the budgeting discussion, you know, we have $76 million unassigned. We have surpluses. We have the opportunity to hold a special election. I think that's a way for people to learn. But if you decide to go to appointment, Mr. Coffey showing up and saying he's not going to be an incumbent, you know, look for an election again, that's so important. I think you have options. Chair King: Thank you. Mr. Gomez: Listen to the public please. Chair King: Thank you. City of Miami Page 9 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 James Fried: Good afternoon. James Fried, 2575 South Bayshore Drive. For 35 years, I have been a resident and office worker in many of the neighborhoods in District 2. I campaigned to be the Commissioner for District 2 in the last election; I came in second. I love our hometown, our community, our neighborhoods, and our neighbors. I am disappointed that you're holding this meeting on Shabbat. I should be in synagogue right now, but I promised the rabbis and residents that I would be a leader in our community, so I am here. I campaigned against backroom deals that only benefit the rich and powerful. Influence and powerful should be bought; it should be earned. I have met people in all of our districts. They are smart and involved. They want to shape the future. If one of these candidates wants to be appointed by the City Commissioners by appealing to the power brokers and backroom deals, I have a suggestion: run for public election. Let the people decide. No one should be afraid of an election. No one should be pushing for the appointment of an unknown candidate, a person that has no experience in local issues or one that has a record of violating the public's trust. The history of the City is littered with appointments that ended horribly wrong. The cost of a special election would be relatively minor when compared to some of the other recent City expenditures. We live in the most magnificent place on the planet, fragile and beautiful in so many ways. Our neighborhoods are diverse and face many issues. A City Commissioner's job is to enhance the safety and quality of life of the constituents. Our City Commission should be giving us all a peace of mind that our city and its future are in the hands of true stewards of the public interest. You can start by holding free and open elections. No one in this room should be afraid of sunshine. This is the free state of Florida. No one in this room should be afraid of the voters. What I am saying should not be controversial; it should be common sense. Please put an end to the free giveaways for the rich and powerful and give power back to the people. Let the people decide. Please trust our judgment. Thank you for your time. Chair King: Thank you. Clifford Mermell: Good afternoon. My name is Cliff Mermen. I've been a resident of Miami for 59 years. I've been a homeowner for over 35 years. I graduated from the University of Miami law school, and I've had my own law firm in Miami for over 25 years. Listening to what Mr. Fried just say -- said, I do believe in democracy as well, but I do not believe in wasting time and money, and I think that that's what this would be right now. It would cost this city $350,000 and three to six months of a guaranteed nasty and ugly election process only to have another election three to six months after that, after putting someone in place for a short time. I believe we should appoint someone who is qualified and ready to act today. I am here to endorse Martin Zilber as that person. I've known Martin for 33 years since we were both in law school at UM (University of Miami). I followed Martin's career as an excellent lawyer, savvy businessman, councilman, beloved and caring law professor, and well respected and effective circuit court judge and mediator. At his very core, Martin is a public servant. Martin loves people and loves solving problems. Martin deeply cares about Miami and our community where he has lived for over 60 years. Martin has more friends and more reach than anyone I know. He would make an excellent Commissioner. He's extremely intelligent, caring, and passionate about people and solving problems. By appointing Martin, this Commission will be up and running today without wasting $350,000 and three to six months on what is guaranteed to be an ugly election process. That is what I came here to say. Thank you for your time. Chair King: Thank you. Alan Dimond: Good afternoon, Madam Chairman, Commissioners, and Madam City Attorney. My name is Alan Dimond. I am the -- been practicing law in the City of Miami for over 50 years. I'm a member of the law firm of Greenberg Traurig, and I've lived in Coconut Grove for most of my adult life. I'm here to support Martin Zilber. I've known him in various capacities over all these years. And echoing what I just City of Miami Page 10 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 heard, I can tell you that Martin Zilber is a man that's going to hit the ground running. He's going to serve this community well. He's going to provide to the City years of practical experience, and I want you to know that he will have all the support and backing that any Commissioner should want and that the people of the City of Miami are entitled to have. So I urge you to vote for Martin Zilber, appoint him today, save the community from having to go through an election, which is, as you all know, a big deal, and let's move on, let's address the business of the City. There are much -- many things to be done, much needs to be accomplished. Let's not waste any time, let's get right to it. The voters will be voting in 10 months; that's soon enough. Thank you very much. Chair King: Thank you. Did you say you were a resident of District 2? Mr. Dimond: I'm sorry? Chair King: Did you say you're a resident of Disfrict 2? Mr. Dimond: I've been a resident of District 2 in nine different homes over the last 40 years. Chair King: Are you a resident of District 2 now? Mr. Dimond: No. Chair King: Oh, okay. Mr. Dimond: But I am a lawyer practicing downtown -- Chair King: I understand, I understand. Mr. Dimond: -- in the City of Miami -- Chair King: Thank you. Mr. Dimond: -- in District 2. Chair King: Thank you. Mr. Dimond: Thank you. Chair King: Good afternoon. Bruce Jacobs: Good afternoon. My name's Bruce Jacobs. I've been living in Coconut Grove for over 20 years. I'm a former Miami prosecutor. I'm a foreclosure defense attorney and I'm here to ask for there to be a special election. I think an election's important because it protects against the capture of government. It protects against people in -- special interests taking control without letting the people speak. There was a recent op-ed in the Miami Herald by Justice -- former Supreme Court Chief Justice Peggy Quince. She talked about how Florida's courts are currently being captured by special interests. She called it "a perversion," said that the rule of law is in danger. And that is a real concern that I have as a lawyer, and I watch this every day in practice. I was here a few years ago when Ken Russell, who's being replaced now, led the Commission to pass a foreclosure (UNINTELLIGIBLE) affordable housing trust fund to sanction any bank that was committing fraud on foreclosures based on the work that I did. Just last year, I think, a year and a half ago, Commissioner Diaz de la Portilla called a -- passed a unanimous resolution asking for the Mayor of Miami -Dade County, Daniella Levine Cava, to stop all evictions for foreclosures during the pandemic because these fraudulent foreclosures hadn't been identified or dealt with. I City of Miami Page 11 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 got a call a couple of days ago from Billy Corben, the Miami filmmaker, who said, "Hey, there's apparently a backroom deal to make Martin Zilber the next Commissioner." And he called me because I represented Martin Zilber's judicial assistant, Dixidela Dent, who filed a complaint that got Martin Zilber removed from the bench. Martin Zilber was calling in as if he was working while he was in Malibu, California on vacation. Martin cleared his calendars Mondays and Fridays so he wouldn't have to work but still got paid. He made his judicial assistant work on his campaign. He did a lot of things that should not be allowed. Chair King: Thank you. Marc Billings: (UNINTELLIGIBLE), Commissioners. My name is Marc Billings, 40- year resident of the City of Miami, homeowner, currently reside in Morningside, been a technology entrepreneur for about 25 years here in Miami, represented myself on multiple civic boards, including the Coconut Grove Center Association and the Morningside board, where I served as president for five years. Miami is absolutely at the center of the United States right now. We are the most popular city. Everybody is eyes on to our future. This Commission is critical for our future. I'm here today to support a friend and neighbor in Morningside, Dr. Jorge Suarez, who I have seen over the years conduct himself in an extraordinarily pragmatic and authoritative way to move things forward. This Commission must move forward with an appointment immediately. We don't have time for a special election right now. In your experience, you should select the person who you know you can work with, get the decisions, and move this city forward. We have pressing issues, we have business to do, and the world is watching us right now. Please find somebody you can work with, make this special appointment, and let's put ourselves in the best light possible. Thank you. Chair King: And you were saying your neighbor is? Mr. Billings: Dr. Jorge Suarez. Chair King: Dr. Jorge Suarez? Mr. Billings: Yes, ma'am. Thank you. Chair King: Thank you. Good afternoon. Allan Schwartz: Good afternoon. My name is Allan Schwartz. I appear before your Commission on behalf of the candidacy of Mr. Torres. I believe everyone in this room is here because they are tired of listening to a lot of talk and not having actual action that accomplishes things. Some months ago, I was approached by Mr. Torres to help or act in my capacity as controlling one of the larger buildings on Biscayne Boulevard to free a park that is directly across the street from five large buildings. I consider myself one of the five sister buildings. The problem was that the park had been taken over by criminals, drug users, homeless people, and the park was virtually unusable. I had an idea, I met with Mr. Torres. He gave me his time because I did not have the time to organize what had to be organized. And some weeks later, there was a meeting between the person who controls the park, Mr. Carollo, the head of the police department, the head of the unit of the police department that deals with the homeless people. We had other board presidents there, and I would say the meeting -- while the meeting with the police department took a half an hour, the meeting with the other people and with Commissioner Carollo lasted 15 minutes. At the end of 15 minutes, I volunteered $40,000 of my own money to contribute to the operation of the park, and I suggested that all of the other board presidents that were around us, that they would help contribute to it also because just complaining wasn't getting anywhere. The meeting lasted probably 15 or 20 minutes. Three weeks later, there is not one homeless person, there is not one drug user, there's not -- City of Miami Page 12 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Chair King: Thank you. Thank you. Raymond Molina: Good afternoon, honorable members of this board, members of the community. We all have in this room one common interest, which is to select the best leader in the most, I would say, democratic form to solve the problem of filling a vacation -- a vacancy that we have in the Commission. Whether we go one way or we go the other, I want to alert this Commission that we have very serious problems in this community, in Dade County, and in Miami. There are neighborhoods right now where citizens cannot go out from their homes after 6 o'clock in the afternoon, or they are assaulted, or they're offered drugs. One of the most critical issues that this city has is the control of our community and the way of life and the level of living that we need to protect. We have to select somebody to fill that vacancy in the Commission that has a strong view of controlling the distribution of drugs in our community. I think that this is one of the principal issues that we have to deal, and I have not heard of anybody address this issue today. The other issue that we have that we have to focus on, that Miami is a recipient of now, the last few years, of refugees coming from Nicaragua. Nicaragua (INAUDIBLE) -- Chair King: Thank you. Mr. Hannon: Chair, ifI could justget the speaker's name. Chair King: Sir, can you give us your name please? Mr. Molina: Ma'am? Chair King: Your name? Mr. Molina: Raymond Molina. Chair King: Thank you, Mr. Molina. Your time is up. Mr. Molina: We need to select a leader that will straighten those deficiencies that our city is going through if we're going to have a city that we're going to love and live in. Thank you very much. Chair King: Good afternoon. Jihad S. Rashid: Good afternoon, Commission. My name is Jihad S. Rashid. And the subject of the matter today is appointment or election. I'm a fierce person that protects and is intimately concerned about to franchise the vote, but we also have an opportunity today, an opportunity beyond just that. We have an opportunity to reaffirm and reestablish the relationship between the voters and our representatives with respect to efficiency and timeliness. We have a situation where if we went forward with an election, that election probably wouldn't take place until March, and whoever is elected probably would not represent this district for more than 25 -- they'll probably miss 25 percent of the meetings. We want to defer to our public servants and our elected representatives. And mostly, we should take that responsibility as voters on ourselves. But in an occasion like this, I think we can accomplish a couple of things. If you decide, Commission, to make an appointment, then I wholeheartedly endorse the appointment of Judge Zilber, and there's several reasons why we could do so. I'm urging this because he will be ready on day one. He's known throughout the district, from Edgewater to the Little Bahamas section of Coconut Grove Village West. He is respected by -- Chair King: Thank you. City of Miami Page 13 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Mr. Rashid: -- respected by (INAUDIBLE). Chair King: Thank you. Good afternoon. Ron Nelson: Good afternoon. My name is Ron Nelson, 2535 Inagua Avenue, Miami, Florida, District 2. I am not here to endorse any particular candidate, but I am here to request that you appoint. I think our community needs representation; we need it now. There's several issues for District 2 coming before the Commission in the next few meetings, and if we go to election, we will not be represented at those meetings. Although you're perfectly capable of covering the bases, it would be nice to have someone from the district there. So that is -- that's my main point. The election, again, I'm not worried about the money, I'm worried about the time and the representation, also want candidates who want to take the seat to campaign properly for the next few months for the November election. So, if you appoint someone, it will be you've appointed them because you feel they're the appropriate qualified person to take that seat and that they would be qualified to represent the residents. Many people up here that came up as candidates are qualified and could do it, and I'm sure you've read their resumes and you can make a decision. Thank you very much. Chair King: Thank you. Good afternoon. Raul Segredo: Hello. My name is Raul Segredo. I'm a 45-year resident of Miami and currently living across from the Maurice Ferre Park on Biscayne Boulevard, and my message is a little bit different. Thank you, Commission. I love Miami. It is the center of the universe and I'm seeing so much progress being made in the City right now. As you heard from someone before, the park across the street is now useable. I love walking that park. I love the artwork that's been installed there. I love the sidewalks clear of the scooters. I love everything that is going on here. We are the center of the universe. The bridge is going up and my ask of you is don't lose steam. Don't let this setback -- use the ability you have to appoint a replacement and continue doing exactly what you're doing. I endorse you completely. As far as a candidate, in all those things that I mentioned, I keep seeing James Torres involved in all those solutions that I mentioned. And if you had to task me, that's who I would appoint. Thank you very much. Chair King: Thank you. Vice Chair Carollo: Chair. Chair King: Yes. Vice Chair Carollo: For the record, I decline to be appointed to District 2 Commissioner. I'm very happy in District 3. Chair King: Noted. Good afternoon. Cynthia Regina Alvarez Arias (as translated by Irene Orces, official Spanish interpreter): Good afternoon. My name is Cynthia Alvarez. I belong to the Florida Nicaraguan community. I am the president of the Freedom Fighters of Nicaragua organization. I am here today to support the appointment of Lorenzo Palomares for the City of Miami Commissioner position. Mr. Palomares has a remarkable humanitarian and professional background to be our City Commissioner. Our Nicaraguan community highly supports and will benefit from Mr. Palomares' leadership if chosen as Commissioner. Unfortunately, we are living a time of losses and disappointments regarding our civil rights and even our freedom of speech is being affected and censored. We support Mr. Palomares' election as our city's Commissioner. He will bring back positive and effective changes. We all want and need his leadership and City of Miami Page 14 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 guidance. We trust that God will make the right choice with all your votes so that we can be represented by a leader who will do his city job with honesty and fairness. Thank you. Chair King: Thank you. Good afternoon. David Ward: Good afternoon, everyone. Thank you, City Commissioners, for the opportunity to speak today on behalf of James Torres. My name is David Ward. I'm a PCAM (Professional Community Association Manager), high-rise condominium luxury condominium manager in Miami -Dade for the last eight years. I think it's important to remember when we look carefully at District 2, Commissioners, that it is a coastal disfrict. There's been a lot of talk today as far as Coconut Grove, which of course is an important part of District 2. We all love the other districts in terms of Doral and the other areas that are out west, but District 2 is a coastal disfrict, and I think that's an important consideration. I've been in the City of Miami resident for -- in Little Havana for the last three years. I have personally known James Torres during all my time in Miami through our mutual involvement in the condo association industry and condo association leadership. Our City of Miami is clearly growing at an extremely high rate and there are new residents flocking to our city from the northeast, from the west coast, and many parts of the world. Everyone knows there are no single-family homes available. That's what's going on, so you have to think logically. The only way to accommodate for this growth in Miami is going vertical, high-rise condominiums. The City of Miami has to face new challenges for traffic, logistics, other impacts. James Torres is the perfect qualified candidate for these challenges. He's -- in this coastal disfrict of District 2, he's the president of the Miami Downtown Neighborhood Alliance and consistently demonstrated action and advocacy for his neighborhood, also for -- he's on the board for his condominium itself and he's also coordinated many events in the neighborhood that help families in the area. I highly recommend James Torres for the open appointment for Commissioner of District 2, again, which is a vertical district. Thank you. Chair King: Thank you. Good afternoon. Dominic Scheer: Good afternoon. Thanks for allowing me the moment to speak. Mr. Reyes, Mr. Carollo, Ms. King, and Mr. Diaz de la Portilla, I'm here today -- my name is Dominic Scheer, and I'm here today to endorse my mother, June Savage, for candidate for District 2. I'm probably the person who knows my mother the best. There's no other person who's been with her longer than me, and by that means, I can say that my mother is a reasonable, a trustworthy, and someone who really has a passion to fill this seat. She really has been involved in Miami ever since she's been a kid, from being in the Miss Miami pageant when she was younger to now trying to run for Commissioner. And I've seen this with my own two eyes ever since I've been a kid. She's really someone who passionately strives to speak with every individual that she can to really see what their needs are and see what is wrong with the community that she can somehow, if she were given the opportunity to be Commissioner, be able to fix those issues with the community. And in my opinion -- I mean, given that I may be biased because she is my mother and I like to think that's obvious -- but she is really the best person I can imagine to fill that seat, whether it's by appointment or whether it's by a special election. I think that the City of Miami needs somebody who is reasonable, somebody who has a passion, somebody who's not involved with special interests, someone who can't be bought, and someone that can especially be trusted by not only the rest of the Board of Commissioners but also the community as a whole. And with that, I would like to endorse June Savage and I think she would be the best candidate to run here. Thank you. Chair King: Thank you. Very well said. Good afternoon. City of Miami Page 15 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Nathaniel Robinson, III: Good afternoon, Commissioners. My name is Reverend Nathaniel Robinson, III. I'm the senior pastor of Greater St. Paul African Methodist Episcopal Church. Today I'm standing representing the Coconut Grove Ministerial Alliance, which is comprised of 10 different churches, representing hundreds of voters in District 2. By definition, democracy is a government that's by the people, and if we further that definition, it's a form of government in which the supreme power is vested in the people and is exercised directly by them. The community is asking that you will consider to allow the people who live within the district, who serve in the district to elect their leader. There are a number of great candidates who we have heard from today, many of have great qualifications, have been in the Grove for quite some time, but allow us the opportunity to vet them, to speak with them, to get to know them, and allow the community to decide which one of them is best for us. I would urge you, Commissioner King, as you have before, to poll those people who are speaking on behalf of the candidates and to ask them if they live in or work within the District 2. Many of them have great things to say about the candidates but they don't live in the disfrict nor serve in the disfrict. So we're asking that you would allow the people to elect our leader. Thank you. Chair King: Good afternoon. Mark Gilbert: Good afternoon, council wo -- Chairwoman and councilmen. First off thank you all for serving the City and the City employees that are taking their Saturday to run a democratic process. My name is Mark Gilbert. I live at 1835 Fair Haven Place, in the City of Miami, and I am a third generation Miamian and very proud of it. I've lived in this county for every year of my life with the exception of the few years that I was a Florida Gator so please don't hold that against me. Being that I'm a third generation Miamian, I come from a family of public servants, one that served in the Florida Legislature, Kenny Myers. And this City recognized him many years ago, and he loved this city, and you all, in turn, returned the favor to him to a park that I exercise in every day and my family thanks you. I want to make two points today. We're talking about a democratic process. And the Charter of the City of Miami allows for an appointment of a councilperson in exactly these circumstances. If the circumstances were different, maybe I would feel different, but we are about to embark on a full campaign for a full election and this is the exact right time where this body should make an appointment which is given the right in the City Charter, and I encourage you to do that today in the interest of the residents, in the interest of the City of Miami finances, and in the interest of moving this great city forward. Number two, I actually am here to support Martin Zilber. I have known Martin since before I was in high school, and my wife has known Martin since before they were in elementary school. And Martin actually comes from a city of public servants because, for a brief while (INAUDIBLE) -- Chair King: Thank you. Thank you. Mr. Gilbert: Thank you. Chair King: Good afternoon. Jens Klapatsch: Good afternoon. Thanks for having me. My name is Jens Klapatsch. I live at 1100 Biscayne Boulevard, 12 years in Miami, so I was hoping to get a cafecito because I was here since 10 a.m. Four years in downtown, I'm here to support James Torres and here's why. So, coming from Germany, born and raised, and now a US citizen, and I live in the most beautiful city in the world, working with Commissioner Carollo, with him, you know, people always complain, always, and you guys get like things done, so we need someone who understands, you know, not only Miami PD (Police Department), the Commission, how the government works, somebody rolls up their sleeves. Like I can text him, call him, that's how we got to know each other, through the DNA (Downtown Neighborhood Alliance). I always called him, text him, City of Miami Page 16 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 say again, "Stop complaining, come with me, " and he made it happen. Like we cleaned up the park, you know, now beautiful, beautiful park where we can walk with people. Families have picnics. I can walk my dog, feeling safe at any time in the day. But also more importantly, like there's so much more we need to do in this -- in our district to -- around downtown, even here in Coconut Grove, so he will be the right guy. That's why I'm supporting the special appointment for James Torres. Thank you very much. Nathan Kurland: Good afternoon. Nathan Kurland, 3132 Day Avenue. We started out today that reminded me very much like my beautiful wife, Cecilia, who 's sitting right there. She believes that running late is a form of exercise. Commissioners, we, District 2, whether it be Coconut Grove or whether it be downtown, are feeling a bit bruised by this iteration of the City Commission. We have not elected a single one of you, and yet, you are our representatives. We beseeched you not to redistrict Coconut Grove; you did that anyway. You wanted to turn Virginia Key into a homeless village. These are the kinds of things that really do not sit well, but what really does not sit well with many of us is that you would now appoint someone that we have the right to vote. We have good candidates: James Torres, Kendall Coffey, Martin Zilber. We have candidates worthy of our votes, but we, the people, should have the right to exercise them. And I thank you very much for your attention. Chair King: Thank you. Good afternoon. Anna Nasher: Good afternoon. Happy New Year to all of you. My name is Anna Nasher, and I am here to endorse Martin Zilber, my former boss offive years. I was his judicial assistant both in juvenile dependency and criminal court. And when I learned of this opportunity, I can just say that if you want the job done, you've got a great candidate. His tenacity, his drive is incredible. Over the course of five years, I got to know him personally as well. He's a family man. He adores Miami and the Grove. He's resilient. He can face difficult situations and get through them, and he just takes care of business in the most efficient way I've really seen any other person do it. So, I'm just here to let you know that as his friend and his former employee, I completely endorse him for the City, and I think it would be a great fit for everybody and the community. Chair King: Thank you. Ms. Nasher: You 're welcome. Chair King: Do you live in the district? Ms. Nasher: I live at 4530 Ingraham Highway. It 's 33133 but it's considered the Gables and I consider it the Grove. Chair King: I see. Thank you. Ms. Nasher: Thank you. Chair King: Thank you. Good afternoon. Robert Barrar: Good afternoon. Thank you for the opportunity to be here. I'm here on behalf of Martin Zilber. My name is Robert Barrar. I'm an attorney here in Miami. I've known Martin ever since I moved here, I guess, in the late '80s when I was a prosecutor after being hired by Janet Reno. Martin was an intern at the State Attorney's Office when I was there. I've known him in private practice, I've known him as a judge, appeared in front of him many times. Now, unfortunately, he didn't always rule my way, but sometimes that happens. But what he did do is what I think is important that you all do. What he did was he listened to both sides fairly, gave each City of Miami Page 17 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 side their opportunity to present their argument, and then he made a decision, and that's all I can ask of you, and that's all that we can ask of you. Although, since I'm here, there 's one other thing I would ask of you. I think Coconut Grove needs pickleball courts. And just so you all know, I live about two and a half blocks from Coconut Grove Elementary on Gifford Lane. So, thank you all for letting me be here and bring on those pickleball courts. Chair King: Thank you. Good afternoon. Richard Dunn, IL Good afternoon. Chair King: Good to see you, Reverend Dunn. Mr. Dunn: It's good to see you too, Madam Chair. Vice Chairman and Commissioners, my name is Richard P. Dunn, II. Commissioner Reyes: State the name again. Mr. Dunn: Richard P. -- Commissioner Reyes: Okay. Mr. Dunn: -- Dunn, II. Commissioner Reyes: Oh, okay. Mr. Dunn: Let me, first of all, say that I've been on both sides of the coin. I probably bring a perspective that no other speaker that has spoken or will speak can bring today. I've been appointed twice, and I've been disappointed probably more than that, so that is an even side of the coin. If we look at history -- I'm lately becoming a student of history -- in 1965, the great late Ms. Athalie Range was appointed to the City of Miami Commission. In 1972, the venerable Father Theodore Gibson was appointed to the City of Miami Commission. In 1989 -- I might have skipped a beat or two -- Ms. Athalie Range was appointed again, and of course, Commissioner Reyes did a act of kindness when he gave up his opportunity to be appointed so that she could be appointed. I was here when that happened. I just look as -- I don't look as old as I am really. Also, in 1996, the person sitting next to Commissioner Reyes, Vice Chairman Joe Carollo -- I owe you a thanks -- gratitude of thanksgiving -- he and the late George DePontis shepherded me through that process, and I was appointed when he was former mayor of the City of Miami. You thought I forgot, didn't you? And in 19 -- 2000 -- no, 2004, Jeffery Allen was appointed. I'm giving you history now. In 2010, Richard Dunn was appointed again thanks to another Carollo, Frank Carollo, your brother, and Mayor Tomas Regalado. And so, here we are today. Now, someone will say it gives a person an advantage, not always the case. The first time I was appointed, I lost the election after that. And two other appoint (INAUDIBLE) -- Chair King: Thank you. Mr. Dunn: (INAUDIBLE). Vice Chair Carollo: The Reverend Dunn forget Thelma Gibson. Mr. Dunn: Thelma -- in 1997, thank you, 19 -- and that was again you. Commissioner Diaz de la Portilla: Do you recommend anyone that we appoint, Reverend? Reverend. Reverend, do you recommend anyone that we appoint? City of Miami Page 18 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Mr. Dunn: Oh, yes, I do. Commissioner Diaz de la Portilla: Then please tell us. Mr. Dunn: My time ran out and that was it. Commissioner Diaz de la Portilla: But you can say one -- you can say two -- Mr. Dunn: Thank you, Commissioner. I'm getting a little older now -- Commissioner Diaz de la Portilla: Yeah. Mr. Dunn: -- plus a stroke later. Martin Zilber. Commissioner Diaz de la Portilla: Martin Zilber. Mr. Dunn: Yes, I believe he can represent all of the community and all of the Grove. He has a history of leadership that we need, public leadership. Commissioner Diaz de la Portilla: Thank you, Reverend. Chair King: Thank you. Good afternoon. Grant Stern: Good afternoon. Grant Stern, I'm a District 2 resident, 425 Northeast 22nd Street. I'm here to advocate for a special election because democracy, while being the worst system of government ever conceived, is only the best one that we've ever found. And it's very important that this Commission maintain its legitimacy by having an elected member of this Commission representing Disfrict 2. An election doesn't mean that we're going to get the perfect person, neither does an appointment. The last appointment to this Commission was a person who lied about running for office again. The last person who held this seat was a person who lied about running for higher office again and fled onto this dais to avoid answering those questions. So, it's a crap shoot, but I just cannot say that this Commission should substitute its will for the will of the voters in such an important manner, and that's why we need a special election. We need someone to be elected who can restore not only the legitimacy of the seat but the collegiality of this body. Let us not forget that undo influence by one person over another Commissioner -- a Commissioner over another Commissioner on this dais is improper and it makes them look illegitimate. Let's look back to the person who is being replaced and what they did in their last election. They said they needed allies, and so they made a $150,000 donation to their chief of staff and said that that would give them allies on this Commission. That's wrong, that's not how this city should be governed. We can all agree or disagree on how people are running this city, but we should all agree that democracy is the best way to choose a new District 2 Commissioner. Thank you for your time. Chair King: Thank you. Good afternoon. Marva Lightbourne: Good afternoon, Honorable Chairwoman Christine King. Thank you very much for having this. This was not a popcorn meeting. A lot of people did not know about this. And even though it was advertised in the Miami Times, it was not advertised but just this week, so a lot of people didn't get a chance to come out, and they asked me to come down and represent a lot of the people in the Liberty City area, even though I know this is Disfrict 2. We're concerned because of Virginia Key Beach falls in this district, so we felt like it wasn't advertised. I got three of the Miami Times which it wasn't in. So, I came down from work to say that this should have been properly advertised so that other people from possibly the black Grove could have came down and spoke about the Virginia Key Beach as well. And I think that any -- a special City of Miami Page 19 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 election is the best thing, even though my colleague, Reverend Dunn, feel as though an appointment would be better. Most of us in the Liberty City area felt like a special election should be better because of what happened with former Commissioner Watson when we were going through that and so many people talked and still, we was not being heard or recognized and an appointment was made in spite of what the people were asking. Thank you very much. Chair King: Thank you. Lisette Beraja: Good afternoon. I'd like to take this opportunity to thank the Commission for your tireless work. My name is Lisette Beraja. I have been part of District 2 for 30 years. I'm a mental health professional and the CEO (Chief Executive Officer) of Magasi Management, managing affordable housing for Miami -Dade County. Our family has watched this community grow, and we are very proud to say that we are part of District 2. Our children attended middle school and high school in Ransom Everglades, Coconut Grove. I, too, was born in Mercy Hospital and so were they. We know this community very well. We work, play, and pray in this beautiful community. Being part of this community, I highly recommend Judge Zilber. We have known Judge Zilber for many years, as our children attended school together in Coconut Grove, where the education they received was all about cultural diversity and inclusion. I've observed Judge Zilber throughout the years in work events of the court, in social events, and my immediate impression of Judge Zilber is that he is the perfect candidate. He carries leadership qualities, knowledge in the legal field as a circuit judge in civil, family, dependency, and criminal. Personally, Judge Zilber is an ethical, cheerful, caring, energetic, culturally diverse individual, ready and able to fulfill any commitment in our community. I recommend Judge Zilber for District 2 Commission without any reservations. Chair King: Thank you. Sean Wolfington: Hi, my name is Sean Wolfington. I am -- own residences and offices in District 2 and live in District 2, also, I'm on the board of 900 Biscayne as a volunteer. It's my first political position so I empathize with you greatly. But I also want to thank you because I know it's a thankless job, and first, we all went through a tough three years, and you did the best job of any city in the world, so I just want to congratulate you for navigating that storm, and I think that's really how you can judge the capabilities of a leader or a sailor, when there's a storm. And so, for me, at 900 Biscayne, we've had a few storms. First was scooters going everywhere and knocking people out; second was noise that keep people up `til 4 in the morning, kids can't sleep; third was a beautiful park that became a public toilet and a threat to our families and community who want to play there. Now, those three problems have been solved, and I don't know everybody who's been involved in solving them. First of all, I want to thank you for solving those problems because they happened fast and effectively, but I'm going to talk about one of the problems, which was the park because it's the jewel of downtown. It's our Central Park, and it was a toilet with homeless encampments, needles, human waste. It was a mess. And I invited family members to go there, and my family member was able to literally watch someone go to the bathroom in public. Besides being unsanitary, it just wasn't safe. So, I witnessed one person I don't know, James Torres, bring the Miami police, the Mayor's Office, some of the Commissioners, the chairman of the park together, along with the homeless taskforce so that there could be a compassionate solution for homeless people to find shelters and not just be discarded. However, that park today is the nicest park in Miami. Go visit it, the needles and waste have been replaced with landscaping and flowers, art, walking paths. Today you go there and you'll see more people there today -- Chair King: Thank you. City of Miami Page 20 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Mr. Wolfington: (INAUDIBLE) six or seven months. Chair King: Thank you. Mr. Wofngton: (INAUDIBLE) thank you for your leadership. And I do believe he's the type of person that gets things done by bringing people together. Chair King: Thank you. Mr. Wolfington: (INAUDIBLE) united to get the job done. Chair King: Good afternoon, Reverend. Carl Johnson: Thank you, Madam Chair. Chair King: How are you today? Mr. Johnson: Wonderfully well this morning. Chair King: Good to see you. Mr. Johnson: Thank you, ma'am. And I do honor you and I honor the rest of the Commissioners. For the record, my name is Carl Johnson. I pastor the 93rd Street Baptist Church. I am the moderator for the Seaboard Baptist Association, where a number of local pastors serve parishioners in the city, and I'm here to share with you my perspective about why I'm here. In my business as a pastor, a number of people come to me for support, community support when they run for political offices. And one thing I am guided by, Commissioners -- thank you. I know you all have to interact, but I want you to hear my heart. Thank you so much. It's just good to engage. Thank you so much. In my business as a respectful pastor, a number of people have come to me for support. I'm guided by one main principle, in God I trust, everybody else I check out, and I've been doing that down through the years. I stand to say to you guys and you Commissioners, I've checked out Martin Zilber. I've had a time to spend time with him. He's sincere, he's sure, he's honest. He has interpersonal skills and he's a man that cares about his community. I endorse him as a judge, and now I've come to ask for your support to give him the role as a Commissioner. Mr. Carollo was -- blessed me many years ago when he gave me keys to City, in 2000, seven pastors, it was gatekeepers. You gave us keys to the City. If those keys mean anything to you now, Mr. Carollo, I ask you to support me to give Martin Zilber the job from your vote. Thank you very much. Chair King: Thank you. Good afternoon. Claudine Sada: Good afternoon. (Comments in Creole not translated.) My name is Claudine Sada. I live at 3629 Grand Avenue. I'm here as a federally certified interpreter with experience in the courts for over 34 years. And Judge Martin is the man that should be nominated and no special election with another election in November. We need those 300 and some thousand dollars in the community. Please just nominate someone. Martin, to me -- Judge Martin is your best bet because he can start right then and there. Please do what you can. Thank you. That's it. Chair King: Thank you. Good afternoon. Javier Lopez: Good afternoon, Madam Chairwoman. My name is Javier Lopez, and I'm a resident of District 2. I'm an attorney, I'm a local attorney. I serve -- had the pleasure of serving under City Attorney Mendez when she was president of the Cuban American Bar Association, and then subsequently, I was the president, I believe, in 2017, of the Cuban American Bar Association. I'm here to support as much as possible City of Miami Page 21 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Judge Martin Zilber. He's been a friend, but more importantly, I've practiced in front of him. He's ruled for me, and he's ruled against me, but I think the most important thing is that he's always been thoughtful, he's been empathetic, he's been generous with his time. And when he doesn't -- when he recognizes that he doesn't understand a legal issue, he will say, I need some time to study the issues." And we need somebody to hit the ground running. My understanding is that a special election would take several hundred thousand dollars, the earliest I think -- if this gets done -- would be in March. There's going to be another election coming up in November anyways. And one of the arguments that I've heard a lot is that an appointment is not democracy; it's not a choice of the people. Well, you, the Commissioners, have all been chosen by the people, so your decision to appoint Judge Zilber would exactly be that. It's a choice that you make on behalf of the people that you serve. And as a resident of District 2, we need somebody that represents us immediately. Thank you so much for your time. Chair King: Good afternoon. Valerie Ledezma: Good afternoon. Thank you all, thank you to our law enforcement and our firefighters for being here, in addition to our Commissioners. My name is Valerie Ledezma. I live in downtown Miami, Biscayne. I have lived there since 2018. When I moved in, it was not safe for me to walk with my then 18-month-old daughter through Bayfront Park. As the time has evolved, I want to thank James Torres for spearheading downtown development and making a difference in our lives, even if it's just one person. But now, today, I see there's been many. He is 100 percent committed to making change effectively, quickly, and that's what we need. We don't want people who are going to sit there and waste time. Ten months is a long time; think about the lockdown. We need to move forward as a community, and I am suggesting to the Commissioners to appoint Mr. Torres. You know, he's helped chair multiple different things, such as flooding, riots in downtown, Ultra, Super Bowl, our biggest nuisance, scooters, which is an endangerment to children. He's always been there, on the streets, doing the things that a lot of people don't do, and that's something that Miami is missing, good, hardworking individuals who walk the streets and listen to residents. I don't always agree with his tactics, but I will tell you, he is effective, and I do support him, and I hope you all will too. Thank you. Chair King: Thank you. Good afternoon. Michael Feldman: Good afternoon, Madam Chairwoman and Commissioners. Thank you for the opportunity to speak today on behalf of Martin Zilber. My name is Michael Feldman. I'm an attorney and I work in downtown Miami, in fact, I'm a colleague and law partner with Mr. Zilber. Prior to being -- working with Mr. Zilber, I appeared before him as an attorney, and even when he ruled against me, which sometimes happened more than I'd like, his rulings were thoughtful and he attempted to get complicated issues correct, and you can't ask any more than that from anybody in a tough position. The last two years I've had an opportunity to work with Martin on a daily basis, and I've gotten to know him very intimately, and I can tell you that, at his core, he is a good human being. He is a good person. He is always striving to do the right thing. I know he has the background to deal with all of the issues that will come before him as he -- if he sits in this chair, and I know that he cares about this community. And I do know that this district and the community will be better with him than without him. And so, I request that you guys appoint Mr. Zilber to this position because he is supremely qualified and thank you very much for your time. Chair King: I didn 't catch your address. Do you live in the district? Mr. Feldman: Oh, I work in the district. I work at 169 East Flagler Street. Chair King: You don't live in the district. City of Miami Page 22 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Mr. Feldman: I do not. Chair King: Okay. Mr. Feldman: I work in the downtown. Chair King: Thank you. Mr. Feldman: Thank you. Chair King: Good afternoon. Grace Casas-Rowe: Good afternoon to this honorable body. My name is Grace Casas- Rowe. I have lived and worked in the City of Miami for over a decade. I am a practicing attorney whose practice includes family law and dependency law, which is where I met Martin Zilber, who I am speaking in support of today. Martin Zilber did not know me or my client from the dozens upon dozens of litigants that were in his courtroom, but we were treated with the utmost respect. He gave me ample time to present my case, and I can honestly say I am a witness that Martin Zilber saved my client. He saved my client's family, and he did it not just by following the law, he did it by challenging some very antiquated, in my opinion, practices that sometimes go on in dependency court. Had it not been for Martin Zilber's judgment and compassion, I don 't know what would have happened to my client, but I do know that today a family is together because of Martin Zilber. He knows the right thing to do, and I hope that this body would consider letting him continue to do the right thing and also serve this community. Thank you for your time. Chair King: Thank you. Good afternoon. Jay Solowsky: Good afternoon, Madam Chairperson, members of the Commission, City Attorney, Mr. Manager. My name is Jay Solowsky. I reside at 2127 Brickell Avenue. I have been a resident of this city since 1976. I started practicing law here in 1979. I have been a litigator for 44 years. I have served on numerous bodies and commissions, where I've been appointed by Commissioners for various functions, one of which was I sat as a member of the Charter Review Board for a period of time for most of the term. And I do not recall a single person asking to change the Charter which provides and gives the latitude to the Commission to appoint in the event of a vacancy. Those were public hearings. They were open to everyone. I did not hear that; I don't believe that was said. Here I am today in favor of the special appointment of Martin Zilber. I am of counsel to a law firm that Mr. Zilber is partner. I have appeared in front of him. He is a very good man and a good judge. I was not sure I was going to speak but I heard a gentleman cast aspersions upon Mr. Zilber. Those aspersions are incorrect. We're all entitled to our opinions. We are not entitled to our facts. Mr. Zilber, Judge Zilber, is a very, very fine human being, and I think he would be excellent. I believe the person who was here 44 years a lawyer, sometimes people lose in court, and when they do, they get upset with the judge, not with themselves. That is what you heard. And that gentleman himself I understand, is facing disciplinary action that could result in his disbarment so consider the source of what you have heard. And may I approach and give you the finding of no probable cause for any violations by Mr. Zilber, contrary to what was said. Chair King: Please pass it to the City Clerk. Thank you. Good afternoon. Chris Lomax: Good afternoon. My name is Chris Lomax. Thank you, Madam Chairwoman, for this opportunity, and to the other members of the Commission, to speak. I am here today not to provide any comments on the propriety on -- of whether City of Miami Page 23 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 there should be an election or a special appointment, but to the extent that this body decides to make an appointment, I'm here to provide remarks on behalf ofJudge Martin Zilber, and I'm here not to provide general comments, but anecdotal and personal experience that I 've had. I met Judge Zilber years ago when both he and I volunteered to serve as mentors to young law students at the University of Miami. I'm a practicing attorney. I'm also a professor at the University of Miami School of Law. And Judge Zilber volunteered his time alongside me to mentor these law students, to provide guidance, to provide his expertise and experience as a practicing lawyer and judge, and I think that's important for the Commission to consider when making this appointment because, first of all, this community is made better by people who care about the future, future lawyers in particular. This -- as this body does have many lawyers and other elected officials are lawyers, I think it's important that someone who's been in that community, who 's served and has dedicated his time and effort to make it better, is someone who would do a great job. So, I thank you for your time. I'm here to support Judge Zilber, and hope that you make the right decision. Thanks. Chair King: Thank you. Good afternoon. Fermin Vasquez: Good afternoon. Thank you for giving the chance to talk to you people. Specific advice, Joe Carollo and Manolo Reyes (Comments made in Spanish) Diaz de la Portilla, for the great work he do on the city. Thank you again. Listen, this moment, I'm coming for talk to my friend, Dr. Lorenzo Palomares. I live in this city, but I work in this city for more than 20 year. I'm coming from 1989 to New York to here, and I wanted the city is do it the same way it do it today. Now, I'm very concerned when they try to spend. I prefer you do a decision because that way it goes to save the money for the tax you can put it some place and do a better way. I recommend (UNINTELLIGIBLE) is coming to you for the (UNINTELLIGIBLE), and make it the right position, and remember, Dr. Palomares, he do a service for this country. Dr. Palomares, he defend all justice on the court, and Dr. Palomares, he go to defend the Miami city people anywhere, any color, and any type of party. He go to do it very well. That is my recommendation. Thank you for listening to me. Chair King: Thank you. Mr. Hannon: Chair, if I could just have the speaker's name. Sir, if I could just have your name for the record. Sir. Sir, just your name, for the record. Chair King: (Comments made in Spanish). Mr. Vasquez: My name is Fermin Vasquez. I live in the zip code 33133. Mr. Hannon: Thank you, Chair. Chair King: Thank you. Mr. Hannon: Thank you, sir. Chair King: Good afternoon. Maurice Symonette: Good afternoon. My name is Maurice Symonette, also known as Michael the Black Man, on 88.7, every day, at 5 o'clock and 11 p.m. My father is Al Symonette, one ofMiami 's first five black millionaires, and he 's also one of the founders of Coconut Grove. So, Roland Symonette is my great -- well, my grandfather, who was the first black prime minister of the Bahamas. The Bahamians created Coconut Grove. Those Bahamians that were sitting back there, and those all the Blacks for Trump brothers right there, that I'm the founder of those brothers are being gentrified. They're trying to get them out of Coconut Grove right now. In other words, they're City of Miami Page 24 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 evicting them, and we should not vote for somebody -- I mean, we must vote for somebody that would actually represent them. We can't have somebody just put there because that would be absolutely unfair because I know what it's like for somebody to just come take your house like they -- the City created a `fake murder" at my house, in which I'm suing them for, and come to find out, the guy never got shot, never died, never nothing, because how do I know? He came back to my house when he was shot in Easter. He came back last month acting like he was a roofer, and we had -- I got him on camera, so I got to sue the City for that because that is stupid, but I know because they came and said, "We're taking your house for unsafe structure," something a commissioner did. We can't have commissioners that can make laws that's in their favor when they are the ones that are making money from the same bank, and they did it because the bank -- one of the judges, made $11 million from the same bank that he foreclosed on me for. Her name was Valerie Manno Schurr and Judge Schlesinger helped her, and he made $28 million from the bank. How do I know? Because I got it from his records in Florida, where he had to do an affidavit of how much money (INAUDIBLE) -- Chair King: Thank you. Thank you. Mr. Symonette: Okay, (UNINTELLIGIBLE) 22-27, you can't just evict people. You've got to make sure that (INAUDIBLE) not allowed to evict people without mortgages. Chair King: Good afternoon. John Dolson: Okay, John Dolson, 4205 Lennox Drive. Unlike some of the speakers who've come up here to advocate that they actually live here, okay, I want to -- I'm going to push you for an election. I think your credibility as a group is at stake here today after the redistricting debacle we had where the 100 percent of the voices of District 2 were ignored. I think it's time to give the voice back to the people here and let us make our own choices. Now, I'm hearing people argue about the length of time it'll take. This committee had no problem cancelling a December meeting that deprived our prior Commissioner of wrapping up some work he wanted to do, particularly with Village West. So, I'm urging you, just let the people speak. Let us try and put somebody in here that -- for whatever reason, we say, "We put him there. If we don 't like him, we did it to ourselves." Okay? Thank you. Chair King: Thank you. Good afternoon. Alina Gonzalez: Good afternoon, members of the Commission. My name is Alina Gonzalez. And also, good afternoon to the fellow constituents of the City of Miami. I have the honor of being a judicial law clerk for Judge Martin Zilber for many years. During my time as a law clerk, I firsthand witnessed his compassion, commitment, and tenacity towards the residents of the City of Miami, and the residents of Miami -Dade County. As an attorney, I've had the honor of going before him, and like the other attorneys who 've come before you today, he's both ruled in my favor and ruled against, but every single time, he's made it a point to be prepared at every hearing, made it a point to educate myself, and fellow attorneys, as well as members of the public, of the intricacies involved in our legal system. Martin is an intelligent judge, or was an intelligent judge and understood the importance of his role. From volunteering to being an overnight judge in the event of an emergency, to educating everyone, as I said before. He's uniquely qualified to be the commissioner of this district, District 2, as he has served this community probably throughout his entire lifetime, and I would like for you to please consider him and support me as being the District 2 Commissioner, as he has the experience, knowledge, and skill to execute and make sure that all the needs of this community are met. Thank you for your time and happy new year. Chair King: Thank you. City of Miami Page 25 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Cecilia Kurland: Good afternoon. My name is Cecilia Kurland, 3132 Day Avenue, and I apologize to my husband because I was running late, but I made it to the podium. Thank you for your service and I just would like to remind you that we live in a community that represents different countries and cultures, and one thing that we should always remember is that we're privileged to be here -- right? -- in the United States, in Miami, and that we have also the privilege to vote. And any time that someone ask me my opinion or who I would like to vote for, I will have -- I would like to have the opportunity to get to learn about the candidates and make a knowledgeable decision. So, I would like to have the opportunity to vote. Thank you. Chair King: Good afternoon. Tavarus Moreland: Good afternoon. I know you guys' ears must be ringing and we appreciate you here to hear the people speak. My name is Tavarus, and I 'm a property manager, and my building is Gibson Plaza, and I have a lot of seniors that are, you know, struggling. And when we think about the $36 million in surplus, and a special election that may cost over $300, 000, I think about those seniors that are trying to get that $100 that you guys have so gracefully provided for them, and in comparison, it's just not enough. And we need someone that's able to hit the ground running and get on board, and get you guys mobilized, and not distracted, and focused. And I would just urge the Commission to think about those seniors that are struggling with that -- trying to make ends meet, that are on fixed incomes when we start thinking about all this money that could be used in a better way to put that money back into the community and help our seniors. Thank you so much and I endorse Martin Zilber. Debbie Dolson: Debbie Dolson, 4205 Lennox Drive in Coconut Grove. First of all, I'd like to thank Commissioner King and Commissioner Reyes for being here at 10 o'clock. I appreciate you being here on time There's been a lot of talk about democracy, a lot, this morning, and I strongly feel that the residents of District 2 deserve a voice in representation. I agree 100 percent with what Pastor Robinson said. An appointment doesn't necessarily represent the voices of District 2. As a matter offact, we didn't elect any of you. We elected someone whose seat is now vacant, and I feel like it's very important for us to do that. In addition, many of the items that came before you these last four years, eight years, that affected us in District 2 were not supported by people sitting on the dais right now; the redistricting, historic preservation, Virginia Key, the NCD (Neighborhood Conservation District) revisions. So, I really, really, for those reasons, support a special election. Thank you. Chair King: Good afternoon. Alexandria Ledezma: Good afternoon. Thank you for all your public service and I too am with public service for 40 years. I work in Brickell for the last 28 years, and I've lived in downtown for the last 11 years. I'm here to support the appointment of James Torres, and I did send you all an e-mail about the traits that he possesses with respect to making -- what the traits are as a good commissioner, management, leadership, and communication. I am the board -- I'm a president of the board of directors from Met 1, and I serve as an executive director that Mr. Torres needs, as our president of the Downtown Neighborhood Alliance. As we understand, Miami has transitioned and is continuing to transition and I commend all of you for trying to stay up or keep up with everything that we're being impacted, whether -- you know, with structural, with traffic congestions. We hear it from our residents, of the issues, and I have to commend Mr. Torres because pretty much, singlehandedly, he has really taken our community of downtown and really made us involve, whether it's cleaning up the streets, having event days, or planting, and movie nights. It's really a community, and he has made changes like many of the other people have said, cleaning up our community. If any of you want to see -- if you know, there 's a lot of down -- a lot of people here from, that have been City of Miami Page 26 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 here for a while. Look at -- come downtown and see the difference. He has proven actions speak louder than words. He's not a politician, he's a community leader and that's -- and I believe that he should be appointed because we need representation, immediately, while you guys are making these important decisions on whether -- what is going to be addressed and what is not. A special election would delay that and we would not have a voice. And for that reason, I hope that you take that consideration and appoint Mr. Torres. Thank you. Chair King: Thank you. Good afternoon. Richard Krinzman: Good afternoon. My name is Richard Krinzman. I live at 2645 South Bayshore Drive, Coconut Grove. I am also a member of the same firm of -- as Judge Zilber. There is precedent for the appointment of a commissioner. The Governor of the State of Florida is allowed to appoint vacancies of school boards, sheriffs, and various other positions, and elected positions, in the State of Florida. There's no reason why the Commission cannot appoint a vacancy. Secondly, we need -- District 2, which I live in, for the last 25 years, needs representation now, not 5 months from now. We need to be represented now. I know everybody else is concerned about representation, but having an election puts off that representation for four or five months and that 's not good for District 2. Therefore, I've known Judge Zilber since he was a toddler and for all the reasons you 've heard already, I recommend his appointment. Thank you. Chair King: Good afternoon. John Snyder: Good afternoon. John Snyder, I live at 4980 Hardy Avenue. I'm the president of the South Grove Neighborhood Association, but I'm speaking just for myself. I'm in favor of the special election under the circumstances. Basically, any business that comes before you during the next several months will require that three of you vote in favor of it. So, a delay until March or April is not that significant. In addition, as others have pointed out, whatever decision you make to appoint a person will give that person an advantage when the election comes up. Therefore, selecting someone like Mr. Coffey, would be advisable, since he is committed to only serving for the interim. So, I ask you to consider those things and make the best judgement that you can. While many are in favor of an election, there're arguments on both sides which we see. Thank you. Chair King: Good afternoon. John Chambers: Good afternoon. My name is Dr. John Chambers. I'm the president of the Coconut Grove Ministerial Alliance. I live 3642 Thomas Avenue, lifelong resident. I, without being redundant, I just wanted to repeat what Pastor Robinson said as far as the Ministerial Alliance is concerned. We want the people to be able to have a say so. As a minister, it said -- Romans 8:14 say, "Those that are led by the Spirit of God, they are matured in God. " I am convinced that you all are well matured. You have a lot of things going, but I ask -- God told Moses -- Coconut Grove has been unfortunately misrepresented for so long, but yet still -- we're still here. And I think that as He told Moses, it's time for us to say, "Let my people go." Let us have a say so on what goes on in our community because nobody can take care of our houses like we can. Thank you very much, bless all of you. Chair King: Good afternoon. Gabrielle Craft: Good afternoon. Thank you for allowing me the opportunity to speak. My name is Gabrielle Craft and I live in Coconut Grove. I've lived here for the past three years and I don't see myself leaving anytime soon. Coconut Grove needs representation, and as we've heard today, the special election poses a lot of temporal and financial issues, and we need representation now. And this is not only a reason why City of Miami Page 27 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 an appointment should happen, but it's also a reason why Martin Zilber is the right choice for that decision. He can make the greatest positive impact and really hit the ground running because his experience in public service gives him the background and the experience to do so. I met Martin in 2020, during the pandemic, when he was serving as a civil circuit judge in the 11 th Circuit. This was during the time when a lot of law students were looking for a summer associate position. It's a very important position, a lot of networking opportunities and potential job opportunities after law school. And with that, during the pandemic, a lot of employers weren't hiring, and it was very difficult for law students to find employment, and Martin saw that as an opportunity to help law students in the community. He, instead of taking his normal three clerks, he doubled that, took six, and he was willing to take more. And he gave us each a very valuable experience and I think that's exactly the quality you want in a public servant. Somebody who is going to step up to the plate in difficult decision -- in difficult circumstances, uncertain circumstances, and he's going to be a leader that will guide the community, support the members of the community, someone who is going to recognize problems in the community, look for ways to solve those problems, and not for the benefit of himself but for the benefit of the members of that community. I was able to observe how Martin ran his courtroom, and he did so with fairness, compassion, and never forgetting his commitment to the members of the community that he was serving. So, for those reasons, and for reasons you've heard before, I support him as -- for appointment of the second district. Thank you. Chair King: Thank you. Good afternoon. Victor Legra: Good afternoon. My name is Victor Legra. I live in the zip code 33175. Irene Orces: Yes, I'm here to interpret. Yes. Mr. Legra (as translated by Irene Orces, official Spanish interpreter): My name is Victor Legra. I live in 33175. I support Dr. Lorenzo Palomares as City Commissioner. He has a lot of legal and law experience and expertise, as well as courage. He's a humanitarian and kind to all. Thank you for your work. Thank you very much for your work, that we observe you all the time. Chair King: Thank you. Good afternoon. Lindsey Lazopoulous Friedman: Good afternoon. Thank you for your time and for the opportunity to speak. My name is Lindsey Lazopoulous Friedman. I'm a resident of District 2. My husband and I live in the South Grove, and we've lived here for 15 years, we also both work in the disfrict. I'm asking you today to appoint a commissioner to fill the vacancy. While I'm a proponent, as an attorney, of democracy, I think this is democracy in action as well, which is the opportunity for people to come and speak and share their thoughts as well as their facts and opinions with you. So, I'm very much, and my husband is very much in support of an appointment. We would appreciate a representative on the Commission. Secondly, I would ask that you consider Martin Zilber for appointment. In addition to all the qualities that you've already heard, I would just add that he's very committed to our disfrict. He 's a longtime resident of our disfrict and he's a dedicated public servant. So, thank you very much for your time and we appreciate you. Daniel Iribarren: Good afternoon. My name is Daniel Iribarren. I'm a resident and businessowner in Downtown Miami. Irene is going to help me with my speech. She 's going to be my interpreter. Ms. Ovces: Okay. City of Miami Page 28 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Mr. Iribarren (as translated by Irene Orces, official Spanish interpreter): Hello, my name is Daniel Iribarren. I am here today to support James James Torres. Mr. Torres belongs to our community. He's my neighbor and he's the president of the DNA . Therefore, he understands our needs as well as our challenges. He works very well and hard towards our benefits. I'm a resident of Downtown Miami and a small business owner. James Torres helped me thoroughly throughout my business opening and development during the recent pandemic. Mr. Torres has been a great asset in all areas of our community. James is a team player. He provides his network at all times to our community. This is very important to make things happen. Thank you. Chair King: Thank you. Good afternoon. Kenneth Sein: Good afternoon. Thank you for having us and having this meeting here. I'm here to advocate a democracy and I would like to see if we would have the opportunity to vote for the person to take this chair. Reasons is -- well, I hear a lot about Torres. As a matter of fact, my wife's last name is Torres, so maybe they're related, and I hear a lot of nice beautiful things about everybody else, from judges and everybody else that's been nominated for the seat and everything, and I think that will be the reason for us to learn more about these people. Personally, I don't know Torres himself but I would like to know about him. I'm here to support, actually, June Savage. She's a resident that I've met in the streets. Of course, I'm a resident here in 3517 Crystal View Court, of Coconut Grove, and people that I see walking around, and talking, and like -- like we said, bringing the community together, that's the persons I find myself aligning with. But anyway, to make the matter short, I definitely do wish to go with voting and I think everybody should, and I applaud everybody else that have brought up all of these great candidates, and maybe we should just bring it up to a vote, even if it's for 10 months, and then take it from there. Thank you very much for your time, thank you. Chair King: Thank you. Mr. Hannon: Chair, ifI can have the speaker's name. Sir. Chair King: Sir. Your name? Mr. Sein: Kenneth Sein, S-E-I-N. Thank you. Chair King: Good afternoon. Steven Leidner: Good afternoon. Steven Leidner, 103 -- 1130 102nd Street, 33154. Thank you, Commission, for this attention. I would like to suggest that this Commission consider appointing a commissioner that can advocate and is sensitive to the issues of Virginia Key Beach Park. This Commission has taken this park on as a fundamental issue that you would like to advocate for, not -- and I suggest that your appointment, if one is made, be an individual who shares that -- shares that sentiment, shares that passion. I think a lot of wounds can be healed if that appointment is made in light of Virginia Key Beach Park. Thank you. Pamela Weller: Thank you. Pamela Weller, vice president of Bayside Marketplace. I've been there -- a business resident, for 21 years. I'm here to support James Torres. In 21 years, you meet a lot of people in downtown, and I've had the privilege of knowing James. He's a connector. He's a team player, and whenever we've needed anything, or he's needed anything, he 's always been there for us. I can't think of a more dedicated, supportive person for District 2 than James Torres. Thank you for your time. Chair King: Thank you. City of Miami Page 29 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Kayla Cartwright: Hi, I'm Kayla Cartwright, a longtime resident of District 2. I've lived in many buildings, up and down the Brickell and Downtown Corridor. I'm here -- I came today just to urge for a special election to allow all voices to be heard. I'm a big fan of democracy in action, but hearing many of the great candidates today, I would urge, if you were to make an appointment, to consider James Torres. Having been a resident of Downtown and Brickell, I've been a beneficiary. He did not ask me to come here, but yet I know who he is. I didn't know he was interested in running, but I think he would be an outstanding candidate. I've seen the changes in the parks, the scooters, the noise, the quality of life. I've seen him cooperate with people to make things happen on different intersections and roundabouts that are coming, so thank you for that, and I urge you to support James Torres if you were to make an appointment, or to make a special election to allow everyone's voices to be heard. Thank you. Angel Montalvo: Hello, my name is Angel Montalvo. I live in 2911 Southwest 21st Terrace. I don't live in District 2 but I am represented by Commissioner Reyes. The reason that I'm here today is because, like so many people here, we really care about the democratic practices. None of us would be here right now if it wasn't for the fact that we were able to have elected officials here, representing us, making sure we preserve that right to vote, and there are many issues here in Miami that are going to be decided on by this Commission, things like the Virginia Key, one of the big things that I (INAUDIBLE) for is affordable, safe, and decent housing. Right, so I believe, as somebody who's an advocate for these issues, that we should really support the special election. I think that we should make sure that people have the right to learn more about who their elected officials are going to be, but also have the chance to engage with them, you know, because in that time we would be able to make sure that we can communicate with these people directly. You know, right now, in Miami, if you make less than $100,000 a year -- which I'm sure many people do make more than that, but I'm sure that more do not -- you're not going to be able to afford to live in Miami anymore; that's the reality. Just with regards to the sea level rise, and we have people here that are going to be making decisions about that. And so, from the bottom of my heart, I urge you, please, make sure that we have an election so that the people here, the people who care enough to show up here on a Saturday, working people, can have that voice. Thank you. Leah Nunziato: Good afternoon, everyone. Thank you for allowing me the opportunity to speak today. My name is Leah Nunziato and I am a resident of District 2. I live at 480 Northeast 31st Street, in the Edgewater area. I'm here today to endorse Martin Zilber for this Commission. I believe that the Commission needs representation now. I'm a first year associate where I work alongside Martin Zilber. It is clear to me that he is an amazing person where he cares deeply about this community, and I believe that his career as a public servant makes him the strongest candidate for this appointment, and that an appointment is the clear choice here today. Thank you for your time. Chair King: Thank you. Johnny McGhee: Good afternoon. My name is Johnny McGhee, and I live at 3629 Grand Avenue. I haven 't been in the City long enough to give you a credible evaluation of it because I travel, do a little travel. Anyway, I believe that a special election affords the people that it promotes communication and understanding of how government actually operates, functions, and our part, as citizens, in it. Okay, that's all I've got to say about that. And I nominate Judge Martin as a qualified candidate to be on your Board, because the man knows everything. Chair King: Thank you. City of Miami Page 30 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Jorge Wong: Good afternoon, (comments made in Spanish). Mr. Chairman Joe Carollo, (comments made in Spanish) de la Portilla, (comments made in Spanish) Chairman Christie King. (Comments made in Spanish). Ms. Orces: Okay. Mr. Wong (comments translated by Irene Orces, official Spanish interpreter): Hi, my name is Jorge Wong. I am Nicaraguan. I came in 1978, when the Sandinista government took over Nicaragua. The US is a great nation and it welcomed us with open arms. I am here today to support Dr. Lorenzo Palomares as City Commissioner. He's loyal and an exemplary citizen, head offamily, and an excellent professional. He 's the right person to serve us as City Commissioner in our district. Mr. Wong: Thank you. Ms. Orces: Thank you. Ruth Ewing: Good afternoon. My name is Doctor Ruth Ewing, I've -- 3620 Percival Avenue, in District 2, and I'm here to request that the Commission seriously consider allowing us a special election. I believe it certainly reflects the voice of everyone who stands to cast their vote according to their wishes, their desires, and how they believe this person will best represent them moving into the future. Thank you. Chair King: Thank you. Good after -- Cary Johnson: My name's Cary Johnson, at the 830 Northeast 86th Street. I have property in every district (UNINTELLIGIBLE) almost is in Miami and Dade -County, okay? I own quite a bit of property. My thing is that think that I've been listening to a lot of people come up here and speak. We listen to the people that was able to come here today and the people that would come in here today, but there's a lot more people that want to know more about who's going to be the Commissioner and want to know more about what the Commissioner's position is going to be all about. I think that we need to let the people make the election so that people will know what this position holds and how important it is to the community. And that everybody needs to say who they really want to represent because I've heard a lot of people come up here and represent the people they either work for, or people that they know, people that's personal, but that doesn't include the total amount of people that's in the community. And there's a lot of people in the community that may not have been able to make it here today to be able to be a part of this Commission, that wants to know, well, who 's going to be the next Commissioner. So, I think it should be open for election and not something that take a long time, but something that's put into place immediately, that somebody is being able to, in that community, in District 2, that can say who they really want to represent, because I'd rather have someone represent me, or who I want to choose, instead of somebody that's being appointed by somebody else. And Christine King knows this because Jeffrey Watson was appointed and the people in our neighborhood, in that district, wasn 't so happy about that either. Thank you. Evelio Medina: Good afternoon. Chair King: Good afternoon. Mr. Medina: Evelio Medina, president, founder, and servant of the Miami Brickell Chamber of Commerce, 1110 Brickell Ave. I'm from the school of thought thatl believe -- they talk about democracy in the United States, we're not a democracy, we're a republic, one republic, and it's one vote for one person. That said, I also understand, as a former councilman, the importance that you guys hold and the statute and city ordinances that you've got to uphold. So, that being said, five months of having a City of Miami Page 31 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 vacancy, there has to be representation for especially District 2. One thing that I've learned from my good friend, Ernesto Cuesta, look, District 2 for me -- every -- Allapattah, every -- Flagami, obviously, (Comments made in Spanish not translated), and the area you represent, Madam Chairwoman, is vital for Miami, but 72 percent of the money, of the billion dollars that comes to this city, comes from that area of District 2, Brickell. You have to understand that what's happened the last 30 months, we have major, major issues. We have affordability issues. People cannot afford to live in this place. We've got to be worried about that. I came to Mayor Suarez years ago and told him about what's happening with homelessness. I brought someone out of Chicago, a safe haven foundation that takes 5,400 people out of homelessness, to come and bring that solution here. We need to tackle what's happening. If it rains two hours in Brickell, you can't use your car over there. The bottom line is, there's a lot of big issues. You guys do what you have to do. I'm here, obviously, Palomares, and everybody involved. The gentleman that's an amazing fellow is this doctor over here that brings a different perspective, Suarez -Menendez, look him over, also, and then let everybody run and do what they have to do, and the people decide. Thank you for your time. Thank you for your service. (Comments made in Spanish not translated). Chair King: Thank you. Ernesto Cuesta: Good afternoon, everyone, happy new year and best wishes for 2023. If it were up to me, before I came to the meeting today, I was thinking about supporting someone appointed -- to be appointed. As a matter offact, we have a good friend here, Dr. Suarez -Menendez, not a politician, a good businessman, a person that have been involved in the community for many years, but someone that inspired me. That young guy from Overtown, and he said something about democracy, and I think that the bottom line here is that please allow the voters in District 2 to elect their commissioner. I will appreciate your help. Thank you so much, God bless you. Chair King: Thank you. Monty Trainer: My name is Monty Trainer, 3556 Fair Isle. Vice Chair Carollo: Excuse me. I'd like to nominate Monty Trainer. Commissioner Reyes: Second the motion. Mr. Trainer: What did he say? Commissioner Reyes: I second the motion. Vice Chair Carollo: I would like to nominate Monty Trainer to be our next commissioner. Unidentified Speaker: All those in favor, say "aye." Commissioner Diaz de la Portilla : Do you still have stone crabs or you don't have stone crabs anymore? Mr. Trainer: Will you please send off the timer? I've always wanted this opportunity to speak to (UNINTELLIGIBLE). I tell you, it's a pleasure to be able to speak to the Commission, and as you've evidenced tonight, this turned into a City Hall meeting, not just what we're doing on the election. So, that's good that everybody -- you've got the patience, and everybody's going to get a medal from Joe afterwards, so that's going to be good. Anyway, I'm here to speak for James, James Torres, and James sought me out in the Grove because everybody -- somebody recommended that I knew something about the Grove and that he would like to learn about the Grove, and he did, and I met with City of Miami Page 32 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 him on maybe 15, 20 times through the last 2 years because he was decided, early on, to run, and he knew I had a passion for the West Grove because that's always been a big passion of mine, and of course, Center Grove, and Monty's was -- we built that 53 years ago, so that's my credibility where I can speak for the Grove and what's needed. And I versed him on the traffic, the development, and the Commodore, the restaurants, and everything that the City Commission, and the BID (Business Improvement District) has been very successful in providing the leadership and along with our Commission, as a lot of leadership for Coconut Grove over the years. And so, in addition to that, I developed a passion for Bayfront Park, which if you were there for New Year's Eve, you can't believe what's happened to Bayfront Park, and my hat's off to Commissioner Carollo for what's happened down there. I mean, it's absolutely fantastic, and of course, I think James has had quite a bit to do with helping with the park, and the development. As everybody knows, downtown has exploded and the residential -- it 's over 100,000 people living down there now. So, we've had somebody come in on the DNR and the DDA (Downtown Development Authority) to help us develop downtown, and it's really developing into something nice and the park -- Chair King: Thank you. I hate to cut you off but I've done it to everybody else and I have to remain consistent. Vice Chair Carollo: (UNINTELLIGIBLE). Mr. Trainer: (INAUDIBLE) half a million dollars to build that park, so that's why I'm so interested, and I think what was happening downtown now is absolutely fantastic, and we have a great sculpture garden down there also. Chair King: Yeah. Mr. Trainer: But anyway, you meet a communicator down there, and that's what James has been as far as putting all the -- everybody together. So, thank you. Chair King: Thank you. Mr. Trainer: And I'll be back again, hopefully. Chair King: Thank you. Commissioner Reyes: Mr. -- Chair King: Thank you. Commissioner Reyes: Madam Chair, I have to say that, Mr. Carollo, you were nominating him for City Commission? I mean, he is the de facto mayor of West -- Coconut Grove. Chair King: Are there any -- is there anyone else here for public comment? Good afternoon, Mr. -- Commissioner Reyes: Who's him? Chair King: -- Commissioner Sarnoff, our former City of Miami Commissioner for the District 2 seat. Good to see you. Marc Sarnoff Good morning, Madam Chair -- Chair King: Afternoon. City of Miami Page 33 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Mr. Sarnoff -- Mr. Vice Chair, Commissioners. It's absolutely my pleasure to be here and speak, and first and foremost, having been in your positions before, and I believe it was Reverend Dunn that I think I opposed seven times, and inevitably, relented in a Commission meeting because it was the right thing to do. It was the right thing to appoint, and we did that appointment, and the reason it's the right to appoint is you don't let districts go for lengths of time without representation. You are the political body. There is a charter. You are expected to do your jobs, and those jobs are tough. They're not easy jobs. I've listened today, here, listening to everyone saying, "Well, we can fix this and we can fix that." Get on that side of the dais, it isn't quite so easy to fix anything. The two people I think have been spoken very, very well of here, and James Torres is one of them, and I think Martin Zilber has been the other. And I'll tell you a little of Martin Zilber's story. So, when I came off this dais, I had a house next to my other house that I rent and broker brought me three young men, a Michael, a Pryor (phonetic), and a Steven, and they were going to UM (University of Miami) Law School and UMMed School, and I said, `I've really no interest in having a UM student rent my place." And they said, I think you'll like who it is. It's Judge Zilber's son, it's another famous lawyer, Steven's son, and Michael Pryor was a pretty well respected boy in his own right, too" going to UM Law School. And I guess you come off this dais feeling pretty powerful, and you think to yourself, okay, let me have the parents come down. And as I looked at each one of the parents, I said, "Whatever they do to this place, I'm going to hold you personally responsible. " And I got to tell you, they were the best tenants I've ever had for three years. So, if a young man is a reflection of his father, I would wholeheartedly endorse and support Martin Zilber and hope you can do so, too. Chair King: Thank you. At this time, is there anyone else to speak? Unidentified Speaker: That's it. Chair King: Okay, I'm going to take -- I'm going to have to take a quick -- Commissioner Diaz de la Portilla: We all do. Chair King: -- run, but I -- the last two, if you can get them, but I have to -- Commissioner Diaz de la Portilla: I'll get them. I'll get them. Vice Chair Carollo: Can -- Commissioner Diaz de la Portilla: The Vice Chair, of course. Linda Zilber: Hello, I'm former Mayor Linda Zilber from not this district, Bay Harbor Islands, but I'm also chair of the Transportation Trust of Miami -Dade County. The best thing I ever did was to give birth to Martin Zilber. He has grown up learning the importance of serving his community and all of the residents that live within it. I hope that you will give me the joy of seeing him join you. Thank you. Michael Zilber: And I am the third generation, Michael Zilber. I'll keep it short because former Commissioner Sarnoff's introduction of me was better than anything I can say about myself. Obviously, I'm here speaking on behalf of my dad and I could say a thousand amazing things and keep this meeting running longer than it already has, but in front of you today, just want to reiterate the amount of people who 've spoken on his behalf both from the personal level and the professional level, I think, speaks to my dad's character, his qualities, the type of relationships he's built and kept, and you know, I know he's ready to start from day one as a Commissioner, if you were to appoint him and I (UNINTELLIGIBLE) his appointment. Thank you. City of Miami Page 34 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Vice Chair Carollo: Is there anyone else that would like to speak that hasn't spoken before? Renita Ross Samuels -Dixon: I would like to speak as a resident. Vice Chair Carollo: Ma'am, you spoke, I think, as a candidate, correct? Ms. Ross Samuels -Dixon: Yes, but I would like to speak as a resident. Vice Chair Carollo: Well, ma 'am, you had your more than two minutes, you had three minutes. Ms. Samuels -Dixon: I didn 't take the three, I only took maybe -- Vice Chair Carollo: Well, whatever time you took, you took. It's not fair. Otherwise, I would have to open it up to every person that's a candidate that can also speak as a resident. Ms. Samuels -Dixon: Well, all I would like to say is -- Vice Chair Carollo: Ma'am -- Ms. Samuels -Dixon: (UNINTELLIGIBLE) -- Vice Chair Carollo: Ma'am -- Ms. Samuels -Dixon: (UNINTELLIGIBLE) -- Vice Chair Carollo: I'm sorry, ma'am. You had your time already. I apologize. Ms. Samuels -Dixon: If anybody else (UNINTELLIGIBLE) -- Vice Chair Carollo: This is open now for anybody that hasn't spoken previously that would like to address this body. Ms. Samuels -Dixon: I'm only interested -- Vice Chair Carollo: Hearing none, -- sir? Go ahead, if you could state your name and address please, for the record. Mario Alvarez: My name is Mario Alvarez. I'm in Reyes -- Mr. Reyes' district. I just wanted to come here and say that I was for a special election and the reason being is I come from a Cuban family, and being from a Cuban family, we're very big into elections, just because we all know what happened in Cuba, correct? I do like Mr. Torres here, but I do want a special election for it, and that's just my comment right there, and I know that people are saying it's going to take five months, three months. I was wondering if there was anything that you guys can do to speed up the process, right? And that's just all I have to say. Vice Chair Carollo: Thank you, sir. The process is -- Commissioner Reyes: 35 days. Vice Chair Carollo: -- stated by Charter that we have to follow. So, there's not much we can do within just a few days apart of what the process would be. City of Miami Page 35 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Mr. Alvarez: I understand that. I -- you know, we don 't know the laws or anything like that so we ask that -- Vice Chair Carollo: Sure, I understand that, but nevertheless, we thank you for coming here and giving us your input even though you're not a resident of District 2. Thank you. Mr. Alvarez: I'm still a resident of Miami, though. Vice Chair Carollo: Of course. Commissioner Reyes: Yes, of course. I'm still a Commissioner. Vice Chair Carollo: Yep. Mr. Alvarez: I'm here to back Mr. Reyes 100 percent. He is supporting our district so well. Vice Chair Carollo: That's -- Mr. Alvarez: He 's done so much for our district -- Vice Chair Carollo: That's good -- Mr. Alvarez: -- and I'm here to back him any way I can. Vice Chair Carollo: But that's for another time. Commissioner Reyes: Thank you very much. Vice Chair Carollo: Thank you for your statement. Mr. Alvarez: Thank you, Mr. Reyes. Thank you for the time, Mr. Carollo. Vice Chair Carollo: Certainly, sir, Happy New Year to you. Commissioner Reyes: Mr. -- Commissioner -- Vice Chair Carollo: Anyone else that would like to -- Commissioner Reyes: Commissioner, can I clam something? Vice Chair Carollo: If I can, I just -- Commissioner Reyes: Sure. Vice Chair Carollo: -- want to see if we could finish this. Anybody else that has not addressed this body that would like to address us? Okay, then hearing none, then the part of the meeting of people coming and expressing themselves is now closed. The public hearing part is now closed. Commissioner Reyes: Madam Chair. Chair King: Yes? Commissioner Reyes: Yes, I want to clam that I have heard speakers mention a five - month delay for an election and that's not the way it works. It is no more than -- no City of Miami Page 36 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 longer than 45 days. Correct me if I'm wrong, Madam City Attorney. So, everybody that claimed that an election would take five months without a district -- I mean, a commissioner, it is not right. It's not correct. Chair King: At this time, we are going to take a quick recess, half an hour? An hour, half an hour. Vice Chair Carollo: Half an hour. Chair King: We'll take a quick recess for half an hour and then we will resume the meeting. (COMMENTS MADE OFF THE RECORD) Chair King: He said half an hour is fine. Unidentified Speaker: (UNINTELLIGIBLE). (COMMENTS MADE OFF THE RECORD) Chair King: Half an hour, so we will come back at -- what time is it? We'll come back at 3:30 p.m. We'll resume the meeting at 3:30 p.m. The meeting has now been recessed. SP.1 DISCUSSION ITEM 13214 Commissioners and Mayor A DISCUSSION ITEM REGARDING TAKING ANY AND ALL ACTIONS IN RELATION TO FILLING THE VACANCY IN THE DISTRICT 2 COMMISSION SEAT BY APPOINTMENT OR, IF NECESSARY, BY SPECIAL ELECTION IN ACCORDANCE WITH SECTION 12 OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. RESULT: DISCUSSED Chair King: So, three minutes for the candidates, two minutes for the public, and we're going to start now in alphabetical order. And the first person that would come is Michael Castro. Is Michael Castro here? Michael Castro? (COMMENTS MADE OFF THE RECORD) Todd B. Hannon (City Clerk): Chair, if I may. I could read maybe four names and we could start to have some of the applicants up at the podium and ready to go. Chair King: Sure. Mr. Hannon: Okay. So, the first four applicants: Michael Castro, Sabina Covo, Marcelo O. Fernandes and Michael J. Goggins. If you are here, please come to the podium. Chair King: Good morning. Sabina Covo: Good morning. Sabina Covo, 3404 Franklin Avenue. Commissioner Manolo Reyes, Vice Chair Joe Carollo, Chairwoman Christine King, Commissioner City of Miami Page 37 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Alex Diaz de la Portilla, I'm going to be very brief it's just two minutes. And I am very proud of my district. I've been a resident of my district for 22 years. I'm a mother of three children: Pedro, Pablo, and Carmen. And they are the reason why I want to serve as a Commissioner. We've been seeing the way that our city is going. We have good things; we have negative things. I'm a former news reporter. I've worked 20 years on television, and I then became the spokesperson for the Department of Agriculture and Consumer Services, a very important job because I was an advocate for the community. From what I see today, I think that this meeting should move towards democracy, and I ask you respectfully, Commissioners, to review our resumes, but to also think about the amount of people here and listen to the people more than to us. I think that public safety, the environmental issues that we're going through, and the affordable housing crisis that many people are going through is key and it's relevant and we should consider it. Again, I'm very thankful and I want to leave the floor for the other applicants. Thank you so much. Chair King: Thank you. Ms. Covo: Thank you. Applause. Chair King: Good morning. Michael Goggins: Good afternoon, Commissioners, Madam Chairwoman. My name is Michael Goggins. For the past 30 years, I've worked in the very highly regulated securities industry. I've operated within a fiduciary capacity with clients and corporate individuals. In addition, I've been a CEO (Chief Executive Officer) and president of a publicly traded company that had operations throughout the world, South Africa, Asia, Europe and Australia. I currently hold degrees in criminal justice, business administration, and I also have an MBA (Master of Business Administration) in finance. My wife and I have five children, two of them graduated from high school here in Miami, another two are completing their college education here in Miami as well. They both represented Miami in a national competition in sports. I'm also a member of the Knights of Columbus here, the Miami Council. I attend church at St. Kieran locally. It's important too that currently I provide individual services to clients for tax preparation, mortgage loans, wealth management, and real estate. I have no connection or alliances with any special interest groups whatsoever; all of my clients are individuals. I believe in a strong city philosophy that cultivates resiliency and independence for all of its citizens, especially those that are the most vulnerable within our group. And again, I had much more to speak about, but I understand we're limited on time. But I just wanted to introduce myself and I appreciate every consideration. Thank you very much. Chair King: Thank you. Mr. Hannon: Just to repeat, is Michael Castro or Marcel O. Fernandez present? Well, we can come back to them. The next four speakers: Javier Gonzalez, Lior Halabi, Michael Hepburn, Lorenzo J. Palomares. Javier Gonzalez: Thank you, Commissioners. Thank you, Madam Chair, City Manager, and City Attorney. Thank you for all -- and all of you that came out to listen to us. A lot of you know me, I've advocated in front of you for Coconut Grove issues. Chair King: Sir, what is your name? Mr. Gonzalez: My name is Javier Gonzalez. City of Miami Page 38 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Chair King: Javier Gonzalez. Mr. Gonzalez: I was going to get there. Chair King: Sorry. Mr. Gonzalez: So, some of you know me since I've been up here. I grew up in District 2. I came back in 1966, and I've been in 2 for the last like 50 something years. And one of the things that I feel a City Commissioner should have is the fact that we have and experience a history within our city and I think that's critical. And when I look back at the things that I have done through my years -- I worked in retail. I was the youngest sales manager in Jordan Marsh's history -- for those of you who remember Jordan Marsh. I had over 20 employees. From there, I turned -- I went and got into a bakery. I owned a wholesale bakery with over 30 employees, and I'm currently a real estate agent within the City of Miami. I do a lot of business throughout the whole area. And I think it's important to use these historical -- or these jobs for -- I guess for knowledge for the experience that we have. I have been involved in public service. I served on the chair -- I chaired the Coconut Grove Village Council. I have sat on that side of the aisle, and I know it's a tough job, and it's a very difficult job because we have to really moderate how we handle ourselves and how we explain things. And one of my goals as the chair of the Village Council was to open lines of communication through state, federal, and local levels, and I think we accomplished that. And the other thing too it's very important to note is District 2 is just not Coconut Grove. We have to work within our framework of Brickell, downtown, Edgewater. I'm also a CAM (Community Association Manager) manager as part of my real estate career so -- and I was also a condo president for 10 years, so I know what the condominium industry is suffering, is going to go through, and I think it's important to have someone as an interim, and that 's one of the key elements too. This is an interim position. This is not a four-year position. This is an interim position to be able to step in and actually hit the ground running and be able to do what is needed within the district, so I think that 's important. I met with the finance and the budget folks yesterday, and I think it's important to know that the interim position is going to have to be going through the budgeting in September, and I think it's important for these candidates and for everyone out there to understand that this is going to be one of the responsibilities. If I have a couple minutes still. Chair King: 18 seconds. Mr. Gonzalez: Hmm? Chair King: 18 seconds. Mr. Gonzalez: 18 seconds, well, I'll just close. I think this is an interim position. It's about -- based on experience, and I would be honored as a District 2 kid that grew up here to be on that side of the aisle and help our residents with their needs and their terms. Thank you. Chair King: Thank you. Michael Hepburn: All right, good afternoon. Chair King: Good afternoon. Mr. Hepburn: My name is Michael A. Hepburn. I reside at 230 Northeast 4th Street. And I'm going to talk from the heart today. I actually kind of changed what I wanted to say just standing here looking at the room. So, my family has been in the City since 1896, right. My Bahamian side of my family, when I was small, used to tell me about the good old days of building this city, used to tell me stories about the Harlem of the City of Miami Page 39 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 south in Overtown. They used to have conversations about the importance of standing up for what's right and making sure that you are an advocate on behalf of the people that may feel like they're voiceless. And at that time when I was growing up, I did not understand that I would grow up to be a civic activist in the City. I didn't understand that I would go on to like win Silver Knight or start neighborhood associations, or become a public policy advocate across this nation, but I did understand, when I was small, that regardless of what I did when I grew up, I was going to do the right thing. I was going to fight for the right thing, and I was going to advocate for the right thing. And running for office is a cool thing to do, and you know, being a public servant, trying to make a difference in your community, that is something that we should all aspire to do. But at the same time, it's also about making sure you're doing what's right for the people. So I stand here today as a candidate, but I also stand here today as a solution oriented person, a person that is about consensus, a person that is really about trying to make sure that we are bringing folks together from all sides to push our city forward. So, this is my recommendation actually for the City Commission: I recommend that today that you all vote for a special election. I recommend that that special election, hopefully, that you determine it be on maybe February 21, 2023. I recommend that the next five days or business days, so Monday through Friday of next week, can be the candidate filing period. So, for all the folks that will love to represent the folks here in District 2, including myself, put in your applications, go talk to the people, let them have the right to come out and vote for us. And then I also recommend that anyone that will like to advocate on behalf of those candidates, go out there and talk to your neighbors, make those phone calls, knock on them doors, get people out to vote. That is what democracy looks like. That is the right thing to do. That is what my grandfather that was in World War II and served in the Navy would be proud of me today to stand up here and be like, "You know what, you know the history of this City. You're related to people that's on the incorporation papers of this City. So make sure you go up there and you fight for the City that you're apart of but you fight for the people." Because at the end of the day, regardless of who I was or who I will be, as I continue to grow, it's all about standing up and doing the right thing. So that is my recommendation today to the board. I hope that y'all believe in democracy as much as I do, and I think a special election is the right thing to do. So thank y'all very much. Chair King: Thank you. Lorenzo J. Palomares: Madam Chair, Commissioner Reyes, Commissioner Carollo, Commissioner Diaz de la Portilla, most of you, everybody present, I am Lorenzo Palomares. I am a Miami resident all my life. I was raised in Allapattah, along with Commissioner de la Portilla. And everybody I think knows something or knows who I am. And I was going to run and I'm going to run in November on this seat. I have planned it. I don't think there's enough time to hold a special election, even though if you choose so, I will run. So who am I? I live at 2539 South Bayshore Drive, right across the street. And I've been an attorney for over 24 years, a general contractor for over 30 years. I had a company with my father, we sold it publicly, and I went law school. The rest is history. I'm not going to take up the time. I think that you have your hands full. The people want to be heard and I'm not going to stand in their way. I will only represent their best interest. And I thank you very much and God bless you all. Lior Halabi: Hello, everyone. Lior Halabi, 2701 Biscayne Boulevard, Edgewater, Miami. I'm a resident of the US, in Miami the last eight years. I moved from Israel. For me, that's the American dream here, and to be represent also and to represent other people, that's democracy. I support for you to decide on special election. I think everyone here that -- are ready and ready to talk with other people and ready to listen to the district itself residents will be ready also for a special election. I think that's the decision that you guys need to take. Thank you. City of Miami Page 40 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Mr. Hannon: The next four speakers or applicants: Kathy Jane Parks Suarez, Laura Carolina Sala, Renita Ross Samuels -Dixon, June Ellen Savage. Kathy Jane Parks Suarez: Good morning, hello. I'm Kathy Jane Parks Suarez. All of you know me, I've worked with all of you. My community is the most important thing. We need somebody that wants to get in there and do the work without any distractions and work with all of you and not take away from campaigning for November 2023. I know you've heard it before that no one -- they're not going to run. I have made a commitment with my business partners to take off until December 1 of 2023 to commit to my community. When I say who was running and I didn't recognize some of the people, I thought, "What's going on here?" But now there's so many people that want to run for this position, give them the gift of time of 10 months of running, raising money, knocking on doors, and getting to know the voters and giving the voters the voice and give someone the chance to come in here that has worked with all of you, who has spent a full time at City Hall trying to help her community, working with all the other Commissioners and moving things forward The decision is yours. We're wasting time and time is important, and my community's suffering. District 2 will suffer if we have somebody campaigning, raising money because we all know there's going to be a lot of money in this play. Thank you. I won 't be running but thank you. Laura Carolina Sala: Hi, good afternoon, and thank you for this opportunity to speak. My name is Laura Carolina Sala. I live at 3338 William Avenue. And I'll start by saying, to know who I am, you would need to know I've defied odds my entire life and I'm grateful for every challenge that has come my way. While in high school, I learned firsthand what it's like to not have the security of a healthy parent or the stability of having a consistent roof over my heard. I quickly learned to survive. After graduating with degrees in political science and fine art from University of Florida, jobs are hard to come by since I graduated during a recession. I put my belongings into a suitcase and moved to New York City. I worked my way to my dream job at the time, which was to work for the United Nations. I worked in humanitarian aid, helping victims of disasters all over the world. I was then selected to work in the field on assignment in peacekeeping for Somalia, an unbelievable experience with its share of challenges. After living in Africa for almost a year, I needed to come back home. Coconut Grove always felt like home to me. It was where I went to middle school, attending George Washington Carver, and CocoWalk was where I got my first job. Coming full circle, after traveling to over 50 countries, I purchased my home in West Coconut Grove at the age of 26, and there is nowhere I'd rather live. Professionally, I completed a master's degree in international relations and conflict resolution. Working in public affairs uniquely qualifies me for this vacancy despite having no political ties. I believe most conflicts at their core are often just a form of communication failure, and with tact, empathetic understanding, and compromise, I'm certain all can be resolved amicably. Currently, I'm the Public Affairs and Communications Director for the Ladies Empowerment & Action Program, better known as LEAP, which is a local nonprofit that offers justice impacted women a real second chance at life. Coconut Grove and the people that founded it have also defied odds. While making physical improvements in the West Coconut Grove area is necessary and a great start, best practices show that community -based poverty reduction approaches are the most effective. Homelessness, crime, and poverty are a few of the concerns that are unfortunately plague our district. As recently as Christmas Eve, a mother wept as her 30-year-old son was shot to death, just a few blocks from here, also close to one of the priciest luxury real estate markets in Miami. Safety for all is imperative. We can do better. We need to invest in the people directly. We need to determine their needs and provide targeted support, whether it's access to healthcare, childcare, capacity building, financial literacy, work readiness programs, or entrepreneurship access, funds spent directly on the people who offer the community immeasurable long-term value in return. Chair King: Thank you. City of Miami Page 41 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Ms. Sala: Okay. Chair King: Thank you. Ms. Sala: Thank you. Renita Ross Samuels -Dixon: Good afternoon. My name is Renita Ross Samuels -Dixon. My grandparents moved here in the 1920s during the migration when others were moving north, one was coming from Kentucky, the other one was coming from Georgia. The reason why they came was to help make a difference in Miami. My father was a marine corps veteran, Montford Point Marine. That was during the time that African Americans were not allowed to join the military, so he was one of the first in 2,000 that were allowed to join. He became a aerial photographer. Beyond that, what has happened is my mother was a teacher, so as I grew up, I saw what was taking place in Miami, and I've come down here on many occasions to talk in front of the Commission regarding issues concerning West Coconut Grove, Coconut Grove at large, and the entire City. I was on the Coconut Grove Village Council for four years, and within that time, I worked diligently to help you, as Commissioners, to move Miami forward. I am asking that you appoint me as the interim Commissioner to fulfill the seat until November. I believe that we can work together to help to bring our community closer together so that we can get things done in a timely fashion. Thank you. Chair King: Thank you. June Ellen Savage: Hello, everyone. Hi, everyone out there. Thank you very much for coming. My name is June Savage. We have a very little time so I'm going to speak fast. Can I get a show of hands of people who want a special election? Raise your hand if you want special election here. Look at the hands. We have people here who want someone to represent them that lives in the community. We cannot let people who do not live in our district decide who will represent them and make decisions for them. If they appoint someone, that person will be presumptive the winner of the November election because the lobbyists will start throwing money at them, and I believe there's about $1.2 million that's about ready to be thrown at them in this race. And one other thing I'd like to say, we spend $1 million on a park to put sculptures of dogs and beautiful flowers, but we are being told that $300, 000 is too expensive for a price for democracy. That is untrue. Democracy should not have a price. Now to give you a little bit of -- about myself you know, I thought that the public was going to be speaking. I was born at Mercy Hospital. I've always done things in the background for the community with Marc Sarnoff. I know our gentleman right here, Monty Trainer, from the Miss Miami pageant. When I was there, I decided I wanted to work with the public. I've worked with the public with Xavier Suarez also in the past. Some of my accomplishments are working with the Lotus House women's shelter, running a fundraiser for them. I negotiated the largest community activists, critical mass, getting together all the tri-municipalities of the police department to work together. I've done town hall meetings with Xavier Suarez, Francis' father, in the background. I made sure that with Marc Sarnoff I fought the bar that wanted to stay open `til 5:30 am close sooner so the families could wake up and train and ride their bike because I've been on the Bicycle Advocacy Committee for years helping the bicycle people stop having the deaths and calling for DUI (Driving Under the Influence) checkpoints, doing things on my own accord. A little bit about myself besides being born at Mercy Hospital, I'm a real estate agent for 22 years. I've been negotiating contracts with private and public people, attorneys, the residents. I have sweat equity from this end to that end. I also have international business experience, which is necessary for District 2. I speak Spanish, English, I understand French, and I definitely have trade show experience with my international business experience in Europe and Asia, which anybody who wants to speak about that, I will speak about that with you. This is a district that is also not just City of Miami Page 42 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Coconut Grove where I live and ride my bike with my parrot, and I go say hi to everybody at the coffee shop. This takes a person -- Chair King: Thank you. Ms. Savage: -- with a lot of experience. Chair King: Thank you. Mr. Hannon: The next three speakers: Hector Silva, Jorge Suarez -Menendez, James Torres. James Torres: You want to go in order or --7 Okay. Good afternoon, Chairwoman, Vice Chair, Commissioner Reyes, Alex de Portilla [sic], Commissioner. Guests that are here today, thank you for being here on a Saturday. I'm honored to be here and humbled. My name is James Torres, and I'm the president of the Downtown Neighbors Alliance. Everyone asks me from time to time why do you want to be here. Well, I wanted to be in the position for District 2 because I've been able to bridge the gaps between the City and the County, the District and ourselves, the community leaders, dealing with your office, Mr. Manolo Reyes, the DDA (Downtown Development Authority), the Trust office with Commissioner Carollo, the homeless issue that we now have along District 2 that we kind of cochair, the scooter issue that we're kind of addressing together. These are important issues. I'm constantly asked, "Well, you're downtown." Well, I'm not downtown. I am District 2. I look at it as diverse as I can because this district is diverse. This district is challenging. We look at some of the accomplishments that I have been able to do, and that's the important thing, is bridging the gap between the City and the County and things that we need to do. Part of those things are enforcing noise pollution. That was a big issue that the Commission worked with us in addressing the noise exemption that was just recently passed. That was an issue that was going on for years in our beautiful city, not only affecting District 2, but affecting the entire City. We were able to champion that. You guys listened to us; we gave you information as to why that was important for us. The streetlights, the traffic lights that are either working or not working, looking for ways to address the budget concerns, because whoever sits there with you will have to address the budget to reallocate things the way they should for the District 2. We also created a temporary parking issue along Biscayne Boulevard, in working with the DDA and the Miami Parking Authority. We championed that because there was danger zones in that area. These things is what we did. Myself I'm not from Miami, I've been here nine years, but I'm the individual that I roll up my sleeves. People in this audience will see and maybe share with you that they will constantly see me walking the streets of Miami in your districts, addressing things because it is not one dimensional. I'm more than that, and that's what the City needs, in reaching out and working with all of you folks together. So, I kindly ask the decision that you're going to make today, that I sit with you in the appointment and bridge the gap, so we have a better city and working relationships to address not only the district but the diversity that is here with us today. I thank you for your time and I look forward to going to the next steps with you. Chair King: Thank you. Jorge Suarez -Menendez: Good afternoon, Commissioners, Madam Commissioner. My name is Dr. Suarez -Menendez, Jorge, first name. I'm a resident at the Morningside Historical District for 35 plus years, and my office is in Brickell. Number one, I'll admit to it, I am not a politician. I bring different, vast experience, national and international. I've been practicing medicine in the state of Florida, licensed in 1977, that's 45-plus years. And my training is as a surgeon with a subspecialty as a plastic surgeon. I've done over 27,000 surgeries. The City of Miami, I'm involved with a lot of hospitals in Miami, ten major hospitals, from Hialeah to Kendall Regional Medical Center. As far City of Miami Page 43 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 as (UNINTELLIGIBLE), I've been involved in different committees, emergency room committees, (UNINTELLIGIBLE) most committees and so forth, trauma centers. I've been involved also with governments, helping the communities during the war in Central America. I donated my time not only here in Miami -Dade County with patients doing free services but also in Central America during the war. I was given commendations by the president from Salvador and joint chief of staff and so on. I helped them set up the (UNINTELLIGIBLE) over there and brought people here to have surgery done all for free. Basically, I'm new at this. Like I said, I'm not a politician, but I bring a lot of experience as a doctor, and I bring a different psychology and -- to help people not only emotionally but mentally and make the City better than the way I see it. like I said, I've been here for 35 years plus. So, hopefully, I'll have the opportunity, and like I said, actions speak more louder than words. Thank you. Chair King: Thank you. Mr. Hannon: The next two applicants: Mario Vuksanovic, Martin Zilber. Mario Vuksanovic: Hello, it's a pleasure to be with everybody and the fine panel, Commissioners, City Manager, City Attorney, and everybody here. My name is Mario Vuksanovic. I live at 1408 Brickell Bay Drive. I've been there for the last 30 years. And the reason why I'm here is because I do want to represent the interests of all the people in District 2, but especially, I want to focus on the homeless. For the last years, I've been working for the City of Miami, and I have experienced working -- helping and outreach. And I think -- and I agree especially with what the pastor said at the beginning of this meeting and acknowledge God. We're all God's children. We have to help the homeless try to accomplish the American dream. And I think with my experience I can add to the fine work that you're doing and the fine work that our Mayor's doing, but I think that being there in the trenches, I have a lot of knowledge and experience in helping how to transition them better. And for me, a lot of satisfaction, because this is a vocation, it would be in a platform to help when a person - - and we call them "un-housed" versus homeless. When they finally get their own place and they have their life together and they contribute to the economy, they have a paycheck, that's the most satisfying feeling that you can have, that you pay your bills, that you're independent and you're up and running again. A lot of people need a helping hand. I want to join you in that effort. (Comments made in Spanish not translated.) I want to say that we're going to be facing a new homeless issue with the economy that we have, so we really need to focus more on how to help and be more efficient in that. As I was mentioning, we're all God's children and we have the right to help others that need our help. I wanted to also help the people in West Grove and their interests. Thank you very much. It's a pleasure to be with you. Chair King: Thank you. Good afternoon. Martin Zilber: Good afternoon. Again, good afternoon, everyone, Commissioners, Mr. Clerk, Madam City Attorney, the residents of Coconut Grove, District 2, so many friends and family. Thank you for the opportunity to let me speak here today. I love Miami. I was born and raised here in Miami -Dade County. In 1987, while I was in law school at the University of Miami, I moved into Brickell Avenue in District 2, and I never left. Over 30 years ago, I bought my home in Coconut Grove, where my wife Cindy and I raised our family, my son, Michael, my daughter, Leah (phonetic). I know my mom, my wife, my son, they're somewhere, I lost track of a lot of them, unfortunately, my daughter-in-law, Lizzie (phonetic). It still feels a little strange to say that. It's hard for me, number one, to believe I'm old enough to have married children and they're newlyweds, so they just got married a month ago and this is how they're spending their day, so I'm glad that they're here for me. My daughter's in New York. I hope to have her back one day. I look forward to working with all of you and the opportunity to continue to serve this district as I have for many years as an elected Coconut Grove City of Miami Page 44 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 councilman, as a Coconut Grove Playhouse board member, as vice chair of our Dade County Cultural Affairs Council, as a member of the -- board member of the Convention and Visitors Bureau, a trustee member of the Miami -Dade Chamber and the Coconut Grove Chamber, and as a board member for many years of our public hospital, Jackson Memorial. But I'm most proud of my service as a twice -elected Miami -Dade County circuit court judge, where I was privileged to serve this community in the criminal, civil, and juvenile dependency divisions, where I was able to touch and improve so many lives, and where I was honored to have the support of so many bar and community leaders, such as past president of Florida Association of Women Lawyers, Deborah Baker, current president of the Black Lawyers Association, Chris Lomax, president-elect of the Florida Bar, Roland Sanchez -Medina, past president of the Black Lawyers Association, H. T. Smith, past president of the Florida Bar, Alan Dimond, Congressman Kendrick Meek, past president of the Cuban American Bar, Javier Lopez, past president of the Miami -Dade County Trial Lawyers Association, Eric Bluestein, and so many others. And I'm so humbled and happy to see so many of them that are here today. I have been honored to have been elected by this community three times, and I look forward to continuing to represent my hometown on the City Commission. With your help and hard work, I know together we can make a derence. Thank you for allowing me again the time to speak. Chair King: Thank you. Mr. Zilber: Someone asked my name. I thought we said it again, but Martin Zilber, and thank you again. Chair King: Good afternoon. Hector Silva: Good afternoon. My name's Hector Silva. I live in District 2 (UNINTELLIGIBLE). I currently serve on the Planning, Zoning and Appeals Board for the district, and we have lots of issues in District 2 that we're handling, many of which I think are rooted in real estate and real estate development zoning policy. I think at the moment the City of Miami has even been declared to be at the epicenter of the housing crisis. And the main way to actually effectively address this is specifically through housing policy and housing policy changes, and I think on the Commission that I'd be able to work effectively with you guys on that. Whether -- I do believe that a special election's really probably what should be called for now. However, if you were to appoint someone, I think you need someone who understands the intricacies of the Planning and Zoning Departments and how the permitting and approvals process is currently holding up housing supply. One of the biggest problems in the City of Miami right now for the supportive housing crisis is the number of housing units that are actually immediately available to people. And the reality is that when in unincorporated Miami -Dade County you can get a housing -- get a permit for construction within 3 to 4 months, but in City of Miami, it could take a developer 9 months, 12 months, 15 months longer to get a housing permit -- I'm sorry, a construction permit. This is really one of the biggest things impacting the availability of housing supply for the market. So what that means for everyday people is that there are not enough units in the market available. The rents have gone up $500, $1,000, doubled, tripled, whatever it is, that is happening in the Miami market currently. And while there are many ways to address this, pushing out more housing supply is really the main way to do this and that can't happen if our permitting and approvals process is not substantially improved through collaboration with the Planning and Zoning and Building Departments. Also, we have a lot of naturally occurring affordable housing that keeps getting eliminated from the housing supply because of demolition, so many buildings on the demolition list through Code violations, et cetera, because the left hand doesn't talk to the right. So I would just say, respectfully, that I understand you guys have a very hard job. I would certainly love to be considered for this. I apologize, I had a family emergency, so I just got done running in here and I'm a little bit out of breath. But I would love to work with you guys City of Miami Page 45 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 to improve the City and make it a more powerful city. I believe it should be a special election and housing policy, permitting, and approvals is really one of the main ways to address real life issues today in Miami. Thank you, Hector Silva. Chair King: Thank you. Mr. Hannon: The next applicant: Kendall Coffey. Kendall Coffey: Well, thank you, Honorable Commission, and a special thanks to your Clerk's Office who's -- with their considerable efficiency was able to process my last- minute application. I'm coming here because I love the City of Miami. I've lived here with my family since late 1997, and I believe there may be a value in having a long-time City resident who's very, I believe, in touch with the concerns of the City to serve in a limited caretaker position. And I emphasize that because it's your decision about the merits of a special election or even about whether you would want to appoint somebody who could grow in the job and perhaps be your colleague for many years to come. I'm only asking to be considered for 10 months. I categorically could not and would not do more, and I always have some reservation about appointments that create an incumbency that perhaps make it more difficult for other deserving applicants, and you have so many deserving applicants. I was blown away as I was listening to the qualifications. And some of them I know well, like Sabina Covo and Marty Zilber, both of whom are great, who would be great Commissioners. But I want to offer what I can in a more, again, more narrow temporary custodian role. A little bit about my background. I've been a lawyer a long time. I teach at three different law schools. I've written three dozen articles, a couple books about legal subjects. But I don't want to come off as an academic. I love being a lawyer and I'm proudest of some of the work I've done in pro bono capacities, battling for Cuban refugees, battling for Haitian refugees, and just helping people who are being foreclosed on a mortgage. I'm also proud of the public service that I've had which has included, since my time as US Attorney, eight years in which both Florida senators appointed me to chair the federal Judicial Nominating Commission for the Southern District of Florida. I was appointed as a member for another two years, and I was honored by Senator Marco Rubio to be put on part of his advisory commission after Senator Nelson was not reelected. And I'm very proud of the fact that leading republican and leading democratic senators had faith in me in one of the most important things there is, which is the selection of our federal judges. So I think I would bring independence, I think I would bring a considerable work ethic, and it would be a great honor to be considered. I want to thank your staff again for allowing me to qualms even at this late hour. Chair King: Thank you. Mr. City Clerk, do we have any others? There are some names that were called that did not appear. Mr. Hannon: Yes, ma'am. We'll circle back with Michael Castro and Marcelo O. Fernandes. I have one of the City Clerk team outside. They are not outside City Hall. So, at the very least, we can always circle back with them if they come later, but I think ifyou would like to now proceed with public comment, you may do so. [Later... Chair King: To the special Commission meeting for January 7th, 2023. At this time, I am going to allow my colleagues to make comments and I will start with my Vice Chair, and then go in order of the districts. Our City Clerk has something that he needs to read into the record. Todd B. Hannon (City Clerk): Thank you, Chair. I just wanted to state that the applications will be submitted into the public record and made part of the legislative file. Thank you, Chair. City of Miami Page 46 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Chair King: Thank you. Vice Chair Carollo: Thank you, Madam Chair. There were some here, a minority, that were asking for this to go to an election. I have to ask, where were your voices back, last year, when then Commissioner Russell -- very selfishness, took the steps and thinking only of himself thinking only about him, selfishly, did not hand in resignation until it would be effective this coming year. And then when the Legislature, afterwards, changed the law that anybody serving after January 1st of this year would have to step aside and not be able to lobby for six whole years, after he made such a scene that he was resigning, he yelled here, December -- Commissioner Diaz de la Portilla: 8. Vice Chair Carollo: -- or back, excuse me, back in November, that was before December 8 -- if we didn't have a meeting December 8, he was resigning back in November. Do any of you know if he resigned when he said he did, or shortly after? No, he resigned late on the 30th. While he accused the rest of us of not earning our paychecks, that if we didn't have that meeting December 8th, we should return our paychecks back. I don't know what the heck Mr. Russell did to earn his paycheck during that time, but I will tell you what I did to earn my paycheck for the City. I was out there with dozens upon dozens of staff and volunteers giving over 7,000 bags of 50 pounds of food that took about 3 weeks to put together, beforehand. Two and a half weeks, going door to door at senior centers, and then the final weeks just before Christmas, having three outdoor mass distributions to the people in my district. And during that time, I had the additional responsibility until the a.m. hours of January 1st of putting, for this City, the biggest New Year's Eve celebration anywhere in America. Not even New York City could come close of having the artists, the singers, the groups, and the amount that we had for New Year's Eve in Miami. Unfortunately, some of our biggest detractors that try to harm our city, and keep us -- or try to keep us from showing the best of us, are within. Our own newspaper, The Miami Herald, not one word before or after a show that had international stars from every corner of the world. The closer in the event was one of the most famous South African singers that there is, Nomcembo. She's the one that came with the song ofJersusalema that became known worldwide during the worst part of the pandemic. She was the closer for our New Year's Eve celebration. We had people that came from Spain, from Mexico, from the Dominican Republic, from Venezuela, Grammy winners, Latin Grammy winners, 24 in all. New York didn't even come close to that, and that's what I did during December. I could've done the same thing Mr. Russell did, nothing, and gotten the same paycheck Mr. Russell did, but my responsibilities, I take serious, to my district and to the City as a whole. So, this is why we're here today because one individual was so selfish, only thought so much about himself that he didn't do what was right for his district and the rest of this city, of timing his resignation so that we could've had the election that some of you have asked for, in November, last November, where we would've had a huge turnout compared to the turnout that you're going to have in a special election that's called within 45 days after qualification. But I also know why some want to have that recollection, because that would give them the advantage over most of the candidates. If you had pockets of money from campaigns to the US Senate and for Congress and what have you, you have stored away in different places, you got a leg up already on any opponent that's going to come, and the guy that you choose, in a short election, is going to be favored. Beginning this January 1st, something took effect that also makes me lean against having the special election, and that's the new law that's taken effect unbeknownst to the vast majority of people in District 2 or outside of District 2, that those that vote by absentee ballot no longer should expect to get their ballot election after election. Now, you have to ask for it every year, which means that you 're going to have even less people voting in this quick special election. Yes, it also is going to cost us $330, 000, and while maybe to some that's not a lot of money, it is a lot of money for City of Miami Page 47 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 an election for eight months or so, or someone holding. But there's something else that dear Commissioner Russell left us with. Of course he will deny it, but his fingerprints are there; that, he can't deny. We're all born with one set of fingerprints, and his are there, and that's the lawsuit that was filed against the City ofMiami on the redistricting map. That was Mr. Russell all behind it. When he led in early 2020, the recall that failed against me, he chose a guy named Juan Cubas (phonetic) to lead the charge, along with the guy that Mr. Stern, that spoke here earlier, mentioned that he had raised $150,000 from his PAC (Political Action Committee), or given $150,000 from his PAC, to try to get him elected commissioner. The same group, with the same people that are the main ones in this lawsuit against the City, guess who founded, a couple of years ago, that organization? Juan Cubas, again. He's still a board of director member of that. So, here's Mr. Russell going to the same players that he's got for all his underhanded shenanigans. Yeah, he wants a special election, you know why? Because when you get 12 people out there in such a short election like this, they're not going to have the time, to have the funding, to go out there and knock on the doors, become known. So, basically, someone that's got money already in the waiting, like the over $200, 000 that they either laundered or illegally spent during my recall, and that's for another time because that's coming, and that's a fact. Someone that has that kind of money available for them already and is going to have an individual that can still get him votes, when you have 12 people or more that are going to be running on the ballot, all you need is maybe 18, 20, 22 percent, maybe even less than 18 percent, and you win. You win. Now, hold on, I see some of you looking at me like, well, the runoff. No, no, no in a special election, there is no runoff. Whoever gets the most votes, wins. That's not democratic. I could give you lists so long of elections that someone has been able to garner -- regular elections, not special -- more votes because they divided the votes up, so they were ahead of others, but then when there was runoff they lost, and sometimes, they lost handedly. Now, I think I've covered most of the key points why I am not in favor of a special election, but there's one more, and that's the last gift that Mr. Russell has left us, filing a lawsuit against the City on the redistricting. And of course, he's going to claim he had nothing to do with it, "Not me. It's not me, " just like in the recall. Even though the guy he gave $150, 000 to admitted it to me when he was trying to work for me, in my last election, that I beat them all by 65 percent. But it's not him, you know, he's just an innocent bystander. He's a nice guy. Yeah, so is -- well, let me bite my tongue in that one. But the bottom line is that if we have a special election -- and then for any reason, this lawsuit succeeds, then that means that we're going to have to have another election right afterwards and another $330,000 being spent. Whereas if we, this body, this Commission, appoints, here today, we are appointing the commissioner for the remaining term in District 2, no matter what that district could be, and the appointment will stand, and that would be the commissioner regardless of whether it's the district we have now or if, by any chance, a court wants to change that, and we have to do a new district. So, for all these reasons that I've given, to me, the correct way is to have this body decide that. It would be approximately two months that we would have an empty seat if we go to an election also. When you only have 10 months that would be left, 20 percent of the time, it's not fair to District 2 in particularly, but it's not fair to the rest of the City either that you only have four Commissioners. So, those are my reasons of not going forward with an election. I'm not going to fall into the trap that was laid out, and again, those -- and look, I know, it's part of life that -- I mean, sometimes, you know, you drink that Kool-Aid, and you turn into, you know, like the zombies in the Night of the Living Dead. No matter what the guy does, he just keeps falling, but I haven 't drank the Kool-Aid. I know exactly what was being panned out here and anyone that wants to talk truly about an election, where were you when Mr. Russell was putting this scam into place? Why weren't you here demanding from him that if he did not want to serve us, that he needed to resign in time for people to run in the November election where it would've been fair because people would've had enough time, and you would've had a real election that a very large group of people would have gotten to vote in. But I want to establish my position, why I'm against bringing this to a vote, Chairwoman. At the same time, I want to say this, and City of Miami Page 48 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 it's something that have got to get off my chest. Since you got elected and you came up to me when you were being sworn in, here at City Hall, I think up in the balcony, and your first words to me, I was impressed, because you came willing to work, not holding any grudges on whether you were appointed or you ran for an election. You came with your heart open to work for your district and for this city. And since that first day, when you got sworn in, all that I've seen from you is a huge caring for your district, for this city, and this is why you have earned my outmost respect. I believe in you. I trust you and this is why I'm going to say this. I believe so much that this should not go to an election that I am willing, in trusting you with the respect that I just stated that I have for you, in seconding whoever you would like to nominate, so whoever you would like to nominate, I will second that, Commissioner King. And look, out of 18 people that applied as candidates, we heard from 16 that were here. There's a lot of people that were out there that I think could do a good job. Out of three that I've known for different periods of time, some very long, some for shorter times, and a fourth, I recently met, I think there's four candidates that could very easily go with that would represent District 2 and this City, because at the end of the day, we represent a district, but we also have an obligation in representing the whole City ofMiami. And that's how every person that sits up here needs to look at things. We have to protect and represent our district, but we also have to protect and represent the whole of the city. So, I was impressed with -- frankly, I don't think I could've done as good of a job on the presentation that James Torres gave. I think Mr. Zilber was a close runner up in giving an excellent presentation. Kendall Coffey, that we heard from at the end, has been a longtime friend, someone that I've had a tremendous respect for, former US Attorney in South Florida, extremely prestigious attorney. Dr. Suarez -Menendez, renowned surgeon, and someone that I've known for a long time, and I feel would do an excellent job here also. But Commissioner, as I've stated, I will trust you, if you would go the route of choosing someone, and I will second that motion. Just because there are 18 people that applied, don't think that that's all that's out there waiting. There's a lot more people that didn't apply that you'll see in an election, and that's why when I said that conceivably someone can win with somewhere between 15, 20, 22 percent, that's a reality, and I'm sorry, but to me, that's not democratic. A quick election like that, people already gearing up, even their candidate, they didn't even tell them to sign up, and we all know that there was one particular candidate that was being pushed by the former Commissioner that didn't even apply. Why? Because their whole campaign was, "Special election. Special election," to see how you could put a young man that gets elected with 15, 18, 20 percent of the vote, and the old sly fox, he's still running the chicken hen. Chair King: Thank you, Commissioner. Commissioner. Commissioner Diaz de la Portilla: Thank you, Madam Chairwoman. I think Commissioner Carollo articulated very well all the reasons why we should not have a special election. The most important one is that District 2 deserves representation for the next two or three months, and there're important decisions that are going to be made, as expressed by Commissioner Russell in his last meeting, that District 2 deserves a voice and a vote. This Commission -- and I'm going to clarify with our City Attorney - - and our Charter is very clear. First, we have the right to appoint. If we fail to appoint, then there's an election -- a special election. So, it's not an equal proposition, it's not one or the other, and maybe the City Attorney can clarify Section 12 of our City Charter on what that means, because I have the language in front of me but maybe you can explain why it's not a question ofA or B. It's a question of one first, and if you fail to do the first one, then you have -- it falls to the second one. Victoria Mendez: So, the order in the Charter, it says that that if there's a resignation, it shall be filled within 10 days of such vacancy. Commissioner Diaz de la Portilla: By the City Commission. City of Miami Page 49 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Ms. Mendez: Yes, and then -- that's Section (a). Section (b) says, "If the City Commissioners shall fail or refuse to fill the vacancy within 10 days, then the City Commission shall call... " so, you need to call, "... the Commission needs to call for a special election." If that doesn 't happen, then a court would decide. Commissioner Diaz de la Portilla: A court would decide a special election, but first, we have the right to appoint, and then -- Ms. Mendez: If that -- Commissioner Diaz de la Portilla: -- if we fail -- Ms. Mendez: -- that fails -- Commissioner Diaz de la Portilla: -- right, that's Section (b), right? If we fail to appoint, fail or refuse to fill such vacancy within 10 days after it occurs, as provided herein, the City Commission shall call a special election. Ms. Mendez: Right. Commissioner Diaz de la Portilla: So, it's not, "You have this or this." It's, "You do this -- or you try to do this and then you get to that." I just want to make sure that we understand the City Charter. Ms. Mendez: Right, I -- but obviously, the Commission can appoint or call for -- Commissioner Diaz de la Portilla: But they're not equal propositions is my point. Is that correct? Ms. Mendez: I -- I understand, yes. There's (a) -- Commissioner Diaz de la Portilla: I want to make sure you're clear because you're the City Attorney. Ms. Mendez: -- there's (b), yes. That was the order -- Commissioner Diaz de la Portilla: Okay, there's (a) and there's (b). Ms. Mendez: -- yes. Commissioner Diaz de la Portilla: (a) comes before (b). Ms. Mendez: Yes. Commissioner Diaz de la Portilla: All right, so we have -- what I think we should do, and I agree with you, Commissioner Carollo, that -- on all the reasons you cited, and you went through all of them, and it's true that what's happening here is a -- it's a false narrative, that all of a sudden, people want a special election because the people have the right to speak with a 5 percent turnout, and 20 activists show up, but what we saw today was something different, right? It's 20 Grove activists show up here to City Hall, and they say, "We want this." Now, that district has -- now, the new district has 105,000 people, but 20 people show up to City Hall and we're supposed to say, "Oh, my God, that's democracy. 20 activists showed up here to City Hall," out of 105,000 people. That's absurd, right? It makes no sense. So, what you have are people that are -- it's a very, very vocal -- a very small minority, but very, very vocal. So, what I saw today of the people that showed up here at City Hall, on a Saturday, and I counted, and City of Miami Page 50 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 I think I was looking at her when she was writing little notes, our Madam Chairwoman, the people that were speaking on behalf of either a special -- on behalf of a special election, or on behalf of a particular candidate -- another candidate, I saw that the candidate that had the most support among the people that came today was Judge Martin Zilber. That's the candidate that had the most support. No one can deny that. The second thing that happened was Mr. James Torres was a great activist in Downtown Miami, he 's done great work, and then special election was third. A costly special election with a 5 percent, 6 percent, maybe 7 percent turnout, where a slight minor -- a slight number of people will vote, where there's another election seven months later. So, there's going to be an election here anyway. It's going to be in November. It's going to happen anyway, and people will affirm our decision and say, "You know what? You were right in picking this particular person." Or, "You were wrong." And you know, we had a choice here with Disfrict 5 and this Commission chose Commissioner Watson, and 7 months later, they chose Chairwoman King, 62 percent to 14 percent. So, they said that we were wrong. I -- 65 was it? I'm sorry. I thought I -- I was 62, I'm sorry. You were 65. Vice Chair Carollo: That's right. Commissioner Diaz de la Portilla: So, you know, you remember the number don't you? Anyway, but people chose and said, "You know what? You guys made the wrong decision." People can tell us that, by the way, in November. They can say to us, "You know what? We want somebody else." They can do that, and we abide by that, but right now, District 2 needs representation. Right now it needs somebody who can hit the ground running, someone who understands government, someone who has experience, someone who 's lived in the community, someone that can work and fight for the people of Disfrict 2, and we can't leave that seat vacant. It's wrong to leave it vacant for two months, for six Commission meetings. So, what I would like to do, at the appropriate time after the City Attorney has clarified the City Charter, the first thing we need to do is move to appoint someone. So, I would like to make a motion to appoint Martin Zilber -- Chair King: No, we have to wait. Commissioner Diaz de la Portilla: Well, I can make a -- no, but I can make it for purposes of discussion. I can make a motion. Chair King: Well, let's allow Commissioner Reyes to have his voice heard as well. Commissioner Diaz de la Portilla: Of course. Chair King: And then, me, before anyone makes any motions. Commissioner Diaz de la Portilla: All right. I'd like to be recognized to make a motion the moment that he finishes his -- whatever -- Chair King: But I wouldn't have spoken then. Commissioner Diaz de la Portilla: After you finish. Chair King: Okay. Commissioner Diaz de la Portilla: Okay? Chair King: We can do that. Commissioner Diaz de la Portilla: I reserve that right. Thank you. City of Miami Page 51 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Commissioner Reyes: Madam Chair, I would like to hear you first and then I'll -- Chair King: No. I'll speak last. I'm 5. I'm number 5. Commissioner Reyes: No, I wanted to know -- Commissioner Diaz de la Portilla: That's a smart chairwoman. Commissioner Reyes: I -- Vice Chair Carollo: Well, you can do the same thing that I said. You could give your five minutes to her -- Commissioner Reyes: No, not necessarily. Vice Chair Carollo: -- and she can nominate someone. Commissioner Reyes: This time around and having experience that I had before, I -- I'm in -- I'm not -- I'm not in agreement with you, although I respect and I do understand everything that you have said, you see, and I'm not going to enter into a discussion and try to rebut whatever you have said because then we going to -- this is not the time for it. But I want -- first of all, I want to thanks -- give my gratitude to everybody that applied for this job, and I think you deserve a round of applause, you see. Applause. Commissioner Reyes: You really do. You really do. We have an excellent field, excellent field, and what really impresses me, that we have an excellent field in every line of (UNINTELLIGIBLE). We have an excellent field of people that want to come and serve and then run for the seat when the general election comes. We have an excellent field, also, of candidates for just being caretakers. You see, it is very difficult for me to pick one on top of the other. You -- I mean, we have people that have been prove -- they have proven themselves, they are very good hard workers, and I don't think it's fair for me to pick any one of them. And that's why I am in favor of having an election -- a special election. (COMMENTS MADE OFF THE RECORD) Commissioner Reyes: Now -- now, when you have -- Applause. Commissioner Reyes: -- please, please, you see, it doesn't deserve -- I mean -- now, the person that will win, if it is a special election, even if it wins with 15 percent of the vote, that person will have to go to a general election where everybody, and more, is going to participate, but the person that is going to occupy that seat has been chosen by the voters of the district. Unidentified Speaker: That's right. Commissioner Reyes: And I -- I mean, I know that I might be in the minority here, but it is not the first time thatl have been in the minority. You see, I'm accustomed to it, andl believe that -- in my opinion, you see, having a special election, it gives everybody the ability to participate in choosing who they're going to be represent. I know that there is cost. There is a cost, and since I'm proposing that, I'm willing to, Mr. City Manager, City of Miami Page 52 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 deduct $50, 000 from my budget and place it on the cost -- reduce the cost of the special election, you see. Applause. Commissioner Reyes: I'm willing to do that, and maybe we all can do that. Maybe we can do that. But this is -- I just -- it is my position and I know that so many people -- many people won't agree with me, but I have to vote my conscience because I am not going to look for somebody -- appoint somebody that is going to be my friend, that's going to be with me all the time, or I am going to vote against somebody because that somebody, I think, is a friend of somebody and I -- no. I'm not going to do that. I'm not going to play that. What I'm going to do, it is, I'm going to ask for a special election and that's it. Unidentified Speaker: Let's go, Reyes. Applause. Unidentified Speaker: Whoo. Vice Chair Carollo: Chair, we have the same eight people clapping, time and time again, two which are not even from the district. Commissioner Reyes: Yeah. Vice Chair Carollo: So, if we could -- if the others that are from the district, and the majority here are following the rules, I think everyone should follow the rules. Commissioner Diaz de la Portilla: Correct. Commissioner Reyes: And I don't want anybody to be applauding or not, and I said it. I said please don't do that. Don't do that and don't -- I mean, don't -- hold your feelings, one way or the other because that's the way that we want to have the -- and we have to conduct this meeting with decorum. Decorum that sometimes is lost, but we don't want to lose decorum here, okay? Okay, and that is my take, ma'am, and that is my position. I have made it public, and everybody that knows me knows that my word is my bond, and when I say something, like that old song that you might remember from Tom Petty, remember? Back in Gainesville? I won't back down." Okay, and that is going to be my position, and it is, okay? Thank you, guys. Chair King: Thank you, Commissioner Reyes. Well, for me, this is personal but not personal, because I've had the unique opportunity to be on that side of the dais and now, I'm on this side of the dais, and my position hasn't changed from when I was here as a candidate speaking, And I said, at the time, that I believed that the people should decide who their representative should be, and my position has not changed from that. I have heard the arguments from my colleagues, and they do have a point. They do have a point, but I trust the community and I'm going to continue to frust the community and I believe that the community should elect the person who will represent them. There's been a small number of people who've come here, and understand, I've worked with James Torres. I like James Torres. I've worked with others. Judge Zilber is a fantastic person. I believe that. But I also believe that it is not my decision to make for District 2, and therefore, it is my recommendation to go with a special election. So, I believe now we have some housekeeping. We have to do a ballot to determine if anyone gets enough votes for an appointment. So, -- Mr. Hannon: It's the will of the Commission, a vote isn't necessarily required. It's the will of the Commission. City of Miami Page 53 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Vice Chair Carollo: It is. Mr. Hannon: If it's the will -- Commissioner Diaz de la Portilla: Well, it is, actually. Vice Chair Carollo: Well, I'm sorry, by Charter -- Commissioner Diaz de la Portilla: Yeah. Vice Chair Carollo: -- it seems that it is. Mr. Hannon: Understood. Vice Chair Carollo: Just like, by Charter, if we don 't appoint someone -- Commissioner Diaz de la Portilla: Correct. Vice Chair Carollo: -- then in order for it to go to a special election, we have to vote for a special election. Commissioner Diaz de la Portilla: Correct. Vice Chair Carollo: And if we don't vote for a special election, then I guess, someone could bring it up to the court and the court can decide. Chair King: City Attorney? Commissioner Reyes: City Attorney? Ms. Mendez: I would ask that you decide whether you're going to appoint. If you decide you're not going to appoint, then please call for a special election. That's what I would recommend. Commissioner Diaz de la Portilla: But that's not what the Charter says. Ms. Mendez: If you -- okay, so you're going to -- Commissioner Diaz de la Portilla: The Charter -- Ms. Mendez: So, you 're going to appoint. If that doesn 't work -- Commissioner Diaz de la Portilla: So, we vote -- Chair King: Can you pass out the ballots, please? Commissioner Diaz de la Portilla: Yes, you vote for your appointment. That's what the Charter says. Vice Chair Carollo: Okay. Commissioner Diaz de la Portilla: Okay, is it a secret ballot or is it an open ballot? Mr. Hannon: The vote result for Round 1 as it pertains to the appointment of the District 2 vacancy: Commissioner Diaz de la Portilla voted for Martin Zilber. Commissioner Carollo voted for Martin Zilber. Commissioner Reyes selected none of City of Miami Page 54 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 the applicants. Commissioner King selected none of the applicants. And therefore, it's 2-2. Chair King: And at this time, I shall call for a special election. Vice Chair Carollo: No, I would request that we do some more rounds. Chair King: Okay, one more round? Vice Chair Carollo: Well, more rounds. Let's see how far we go. Chair King: More rounds? Commissioner Diaz de la Portilla: As many rounds as we need. Vice Chair Carollo: Even Congress went down to 15. Commissioner Diaz de la Portilla: Wait, wait, wait. It could be McCarthy all over again, okay. So, I think it's 13 rounds, right? Let's see what happens. Unidentified Speaker: (UNINTELLIGIBLE) from outside. Commissioner Diaz de la Portilla: Welcome to Washington, DC, everyone. Mr. Hannon: The vote result for Round 2 as it pertains to an appointment to the District 2 vacancy: Commissioner Diaz de la Portilla voted for Martin Zilber. Commissioner Carollo voted for James Torres. Commissioner Reyes selected none of the applicants. Commissioner King selected none of the applicants. The vote result is 2-2. Commissioner Diaz de la Portilla: Round 3. Mr. Hannon: I'm sorry, not necessarily 2-2, but we don't have enough to reach a majority for an appointment. My apologies. Vice Chair Carollo: You got enough paper? Commissioner Diaz de la Portilla: Yeah. Don 't kill too many trees along the way. Commissioner Reyes: Can you always -- keep on filling or can I have one that says no all the time? Return the other one. Mr. Hannon: The vote result for Round 3 as it pertains to the appointment to the District 2 vacancy: Commissioner Diaz de la Portilla voted for Martin Zilber. Commissioner Carollo voted for Jorge Suarez -Menendez. Commissioner Reyes selected none of the applicants. Commissioner King selected none of the applicants. No one candidate received three votes; and therefore, there 's not a majority for an appointment. Commissioner Diaz de la Portilla: I ask Madam Chair that we take a recess. Chair King: At this time, we're going to take a short recess. Vice Chair Carollo: Can we have one more vote before recess? Commissioner Diaz de la Portilla: We can. One more. No, let's take a recess. All right, one more. We got it. Let's go. City of Miami Page 55 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: Thank you. Mr. Hannon: The vote results for Round 4 as it relates to the vacancy for the District 2 Commission seat: Commissioner Diaz de la Portilla voted for Martin Zilber. Commissioner Carollo voted for Martin Zilber. Commissioner Reyes selected none of the applicants. Commissioner King selected none of the applicants. No one candidate received three votes; and therefore, an appointment cannot be made at this time. Commissioner Reyes: Can I make a motion to hold a special election? Chair King: Yes. Commissioner Diaz de la Portilla: No. Commissioner Reyes: Well, I make it. Commissioner Diaz de la Portilla: No, it doesn't work that way. Chair King: Well, the Commission has -- Commissioner Diaz de la Portilla: No. Chair King: Victoria, how does that work? Commissioner Diaz de la Portilla: No. Commissioner Reyes: Doesn 't work like that? Ms. Mendez: It's a motion. It's a -- Commissioner Diaz de la Portilla: No, it doesn't, City Charter. Ms. Mendez: -- second. Chair King: Does it require a motion and a second, or does it just require that we call for a special election? It says here, in (b), If the remaining Commissioners shall fail or refuse to fill such vacancy within 10 days after it occurs, as provided herein, the City Commission shall call a special election to fill the vacancy to be held at a date not less than 38 or more than 45 days after the expiration of the 10-day period." Commissioner Diaz de la Portilla: Right, within 10 days. Chair King: So -- Commissioner Diaz de la Portilla: Which, means -- Chair King: Right, so -- Commissioner Diaz de la Portilla: -- 10 days have not passed. Chair King: When does -- Commissioner Diaz de la Portilla: Within -- Chair King: Within 10 -- City of Miami Page 56 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Commissioner Diaz de la Portilla: Within 10 days. Chair King: We are within 10 days. Commissioner Diaz de la Portilla: Right, we 're not within 10 days, 10 days is tomorrow morning. Chair King: Well, what is clear to me is that we're a 2-2 split. Commissioner Diaz de la Portilla: Well -- Chair King: What do we do? Commissioner Diaz de la Portilla: -- that -- Chair King: I'm asking the City Attorney. Commissioner Diaz de la Portilla: We go back to our offices, and we think about it, and we pray on it, right? Commissioner Reyes: (UNINTELLIGIBLE). It ain't going to happen. Commissioner Diaz de la Portilla: And we pray on it and we think about it, and we reflect, and we decide what's better for the City. Commissioner Reyes: I need no more reflection. I'm firm. Commissioner Diaz de la Portilla: Prayer is always good, I think. So, we could do a little bit of that. Commissioner Reyes: I did pray before I got here. Ms. Mendez: Right, so -- Commissioner Diaz de la Portilla: So, we need to -- Chair King: City Attorney? Ms. Mendez: It says if you fail or refuse to make an appointment -- Commissioner Diaz de la Portilla: Within 10 days. Ms. Mendez: -- then you shall -- within 10 days -- Commissioner Diaz de la Portilla: Right. Ms. Mendez: -- you shall -- so, you don't have to wait until the I0th day, but within -- Commissioner Diaz de la Portilla: No, but we -- Ms. Mendez: -- but I understand -- Commissioner Diaz de la Portilla: -- we haven't failed yet. We haven't failed yet. That's why you have -- you've had 10 rounds, or 11 rounds, or 10 rounds in the past, right? The history is there. City of Miami Page 57 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Ms. Mendez: So, if you refuse or fail, then you call for a special election, but the calling -- and I will defer to Todd -- is a motion and a second, is how I understand it. So, -- Commissioner Diaz de la Portilla: It'll fail anyway. Ms. Mendez: -- I will leave it to -- Commissioner Diaz de la Portilla: If you refuse or fail to make a decision within 10 days -- it's the same thing that's happening in Washington right now, same thing that's happened here in the City of Miami for the last four times, the 12 rounds in 2010, you know, that happens. So, we go to additional rounds of voting -- right? -- until we refuse or fail. We haven't refused or failed yet, right? We 're going through rounds of voting. Ms. Mendez: So, you all decide ifyou 've refused or failed. Commissioner Diaz de la Portilla: But we have to do a motion for that. The Charter's clear. I don't think so. I don't agree with you, Madam. We haven't refused or failed yet. We're still in the process of trying to succeed. Ms. Mendez: Right, so if there is a motion -- if there is a motion to call for an election, one of your colleagues feels that you have refused or failed, and then if there's a motion and a second, all in favor, "aye." If it passes, by majority, you call for an election. Commissioner Diaz de la Portilla: That's open to a legal challenge because first we have to go through the process of frying to appoint because that's what the Charter says. First, you do this, and then you do that. Ms. Mendez: Right, you did -- you are -- Commissioner Diaz de la Portilla: We are, but we haven't finished doing this. Chair King: What round are we on -- Commissioner Diaz de la Portilla: That's not -- Chair King: -- with trying to appoint? What round? Mr. Hannon: We just completed the fourth round. Chair King: Fourth round. Commissioner Diaz de la Portilla: So, we take a recess. Chair King: How many rounds would you like us to go through? Commissioner Diaz de la Portilla: It doesn 't matter how many rounds. Chair King: I'm just asking. Commissioner Diaz de la Portilla: I don't know, it could be 25 rounds. Chair King: What is the will of the body? Do you think you need a recess? Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: I think that we should realize that we are not going to -- you 're not going to change, you're going to keep on voting the way you are voting. I am going City of Miami Page 58 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 to keep on voting the way that I'm voting. We cannot reach consensus here and I -- what we 're doing -- this is an exercise in futility -- Commissioner Diaz de la Portilla: No -- Commissioner Reyes: -- because I don't think that -- I'm not going to change. I don't know. Chair King: So, I'm going to allow for a recess. I'm going to allow Commissioner Reyes: Sure. Chair King: -- for a 15-minute recess. Let's take a 15-minute -- Commissioner Diaz de la Portilla: Thank you. Chair King: -- recess, then we'll come back. Commissioner Diaz de la Portilla: Thank you. Vice Chair Carollo: I'd like to make a statement -- Chair King: Sure. Vice Chair Carollo: -- before we go. It is clear to me that in order for a motion to succeed in going to a special election, you need three votes. Not one, not two, but three, just the same way as naming someone. Now, I have gone through three different candidates. I could go through three derent more. Any kind of consensus that I could find from this body where we have three votes, I'm there. All you have to do, Chairwoman, is choose the candidate you think will serve best for the amount of months that they're going to serve, and you have my second, but I am not going to be ready to be giving my vote, as a third vote, maybe someone else will, but I'm not going to, for this to go to a special election for all the reasons that I've given, which are solid, and if we can 't have a consensus -- so, let's go then to the (d) of the Charter. Commissioner Diaz de la Portilla: Madam Chairwoman, you, when you wanted to become a Commissioner, before you ran, you applied to be appointed. Do you remember? You had people testes on your behalf for you to be appointed. You considered that process a legitimate process when you applied to be appointed. You didn't consider it an illegitimate process. You went through that process. In my opinion, and nothing on any of my colleagues, you were unfairly refused that appointment, and you went to election, and you won with 65, you told me, right? Okay, but when you went through the appointment process and people spoke on your behalf like today they spoke on Martin Zilber's behalf you didn't think it was an illegitimate process. Let me finish -- Chair King: I still don't -- Commissioner Diaz de la Portilla: Well, no, no. Chair King: -- I don 't think this is -- Commissioner Diaz de la Portilla: I'm sorry, I have the floor. Chair King: I don't think this is an illegitimate process -- Commissioner Diaz de la Portilla: And you're my friend but let me make my point. City of Miami Page 59 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Chair King: Yes, but I want to -- Commissioner Diaz de la Portilla: Allow me to make my point. Chair King: Before you continue to go down that road, I don 't think this is an illegitimate process. Commissioner Diaz de la Portilla: Allow me to make my point. You went through that process, and you thought it was a valid process. Why do you now think it's not a valid process a year later? To me, that's shocking, and as my friend, and my Chairwoman, and my colleague, I tell you that that's not a consistent argument. If you believed when you applied to become a Commissioner that you could apply and the Commission could appoint, you did it. Now, a year later, you think it's not appropriate? So, when we come back from recess -- Chair King: Wait, can I speak now? Commissioner Diaz de la Portilla: -- you could -- no, I'm not finished yet -- Chair King: Okay, when you're finished. Commissioner Diaz de la Portilla: -- but I'm almost done. Now, when we come back, explain to us why it's not a good process now and it was a good process back then when you applied for it. Chair King: I'll explain it to you now. Commissioner Diaz de la Portilla: Yes. Chair King: I didn't think -- I don't think this is a bad process, nor did I think that was a bad process. Pull up the video and you will see that I said I didn't want to be appointed -- Commissioner Reyes: Special election. Chair King: -- I wanted a special election -- Commissioner Reyes: She did. Chair King: -- because I wanted to earn the right to be up here from my constituencies. Applause. Commissioner Reyes: I -- Chair King: That's what I said. I participated in the appointment process because that's what I had to do because that is the process -- Commissioner Diaz de la Portilla: A legitimate process. Chair King: That is a legitimate process because it gives this body the choice to appoint or hold a special election, but be clear, my position then, as it is now, is that the people should decide who their representative is, and it has nothing to do with any of the people who have applied here -- Commissioner Reyes: Absolutely. City of Miami Page 60 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Chair King: -- because I think most of the candidates, if not all of the candidates, are deserving because they had the courage to come here and put themselves out. This is not an easy job. It is not an easy job to be a public servant, to serve the community, and that is my position. It has nothing to do with the process, am I for or against the process. I am for the people, and I will always be for the people, and it's as simple as that. Applause. Commissioner Diaz de la Portilla: Simple enough. You counted -- you were counting -- I saw you counting the people that spoke here favored one particular candidate. Is -- those are not the people, Madam Chair? Chair King: No, according to my count, not necessarily. Commissioner Diaz de la Portilla: Oh, really? Chair King: According to my count, there is no clear victor. Commissioner Reyes: No. Chair King: It's special election. It's for Martin Zilber, it's for James Torres, there 's some for appointment. There was not any indicator that stuck out so much that the community overwhelmingly said, "We want this." Commissioner Diaz de la Portilla: Right, but was there an indicator that some particular candidate had more votes than everybody else? Chair King: No, just by a few. Commissioner Diaz de la Portilla: No? I did -- did I count wrong, then? Chair King: Just by -- Commissioner Diaz de la Portilla: Oh, did I count wrong? (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: I must have counted wrong then because I was counting, too. Chair King: Let us take -- let us take a recess -- Commissioner Diaz de la Portilla: There 's 30 people here, right? Chair King: Let us take a recess, it's what you asked for. Commissioner Diaz de la Portilla: Yes. Chair King: Let us take a recess. Commissioner Diaz de la Portilla: Yes. Chair King: And we'll come back in 30 minutes. Commissioner Diaz de la Portilla: That works, 30. City of Miami Page 61 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Unidentified Speaker: Wait, wait, 15, I thought. 30? Unidentified Speaker: It's going to be an hour and a half hold on. [Later...] Chair King: Madam City Attorney, do you have some direction for us? Ms. Mendez: I believe you have gone through a few rounds of appointment. So, if there's a motion to go to the next step. Chair King: I'm going to allow my colleagues to speak, maybe five minutes each. Commissioner Reyes: I don 't need to speak no more. Chair King: Anybody? Commissioner Reyes: I don't speak -- I don't -- I said my piece. I said my piece. Vice Chair Carollo: I will speak. Chair King: Okay. Vice Chair Carollo: Let me concentrate in one aspect of this and maybe I wasn't clear enough before. Maybe I spoke on several subjects, and it got lost in translation. If the lawsuit -- and that was delivered to us as promised from the previous Commissioner, even though he'll claim that he had nothing to do with it, but as I brought before, thumbprints are there. We all have only one per person, per life, unless you put acid on it, that's the only way you get rid of it. If that lawsuit were to succeed, then you know what's going to happen? We have an election and then we're going to have to immediately shift a little bit, the district, and be forced to have another election. Whereas, if this body names a replacement for the remaining time in District 2, that Commissioner stays no matter what happens in the courts with the redistricting because what we did up here was to have named the Commissioner for District 2, not any particular district per se, it was the Commissioner for District 2. So, that reason alone should be sufficient for us to name someone. And look, we have 18 people that applied, 16 that showed up. We could go up and down anyone on that list that's acceptable to the Chairwoman, and I'll second the motion, and I think we'll find consensus then. But outside of that, it would require three votes to bring this to a special election, and I don't see that. If that comes to that point, I will ask that we extend this meeting until tomorrow and recess it until tomorrow. Commissioner Diaz de la Portilla: And I will second that. Vice Chair Carollo: But I will try -- would like to try some additional times to see if we could get a consensus. If not, then we would have to go to the next phase, and if the next phase does not acquire three votes, then I think I've stated where I stand, and I would want to see this meeting recess until tomorrow. I don't know, maybe we'll have a full moon tomorrow or something. Commissioner Reyes: Madam Chair. Commissioner Diaz de la Portilla: It happens. Commissioner Reyes: What's your opinion on it? City of Miami Page 62 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Chair King: I don't think that we 're going to reach a consensus tonight and I think it would be prudent of us to -- Vice Chair Carollo: Recess. Chair King: -- recess, because Commissioner Reyes, are you changing your vote? Commissioner Reyes: No, ma'am. I won't back down. Commissioner Diaz de la Portilla: Of course not. You know me. Chair King: I know you. So, I think in that instance, we don't have any -- we 'll just be spinning our wheels and nothing else will get done. Commissioner Diaz de la Portilla: But there 's a -- I have a question, though. Okay, and maybe of our City Attorney because we had a conversation in my office a little while ago. Is there a possibility, Madam Attorney, that we could have, on Thursday, in our regular Thursday meeting, a call for a special election if we need one? Does that window exist for us? Ms. Mendez: So, the -- this is the first time we go through this, so it's a little gray. Commissioner Diaz de la Portilla: I know. Ms. Mendez: At the end of the day, we have to call an election between 38 to 45 days from tomorrow, and technically, the qualying period, so that would be tomorrow -- Commissioner Diaz de la Portilla: The five days. Ms. Mendez: -- five days. Commissioner Diaz de la Portilla: Sure. Ms. Mendez: So, if we do that, we can tech -- the timeframe can technically be the 30 -- could technically be the Thursday in order to call for it -- to call for an election. The appointment is -- you can only appoint until tomorrow at 5 p.m. Commissioner Diaz de la Portilla: So, we have until tomorrow, at 5 p.m., to appoint. So, we come to -- to a -- to some consensus between now and tomorrow at 5 p.m., we could still appoint. Ms. Mendez: Tomorrow -- Commissioner Diaz de la Portilla: So, we can recess -- Ms. Mendez: -- until tomorrow at 5 p.m. Commissioner Diaz de la Portilla: -- right? We can recess our meeting -- Vice Chair Carollo: Well, not 5 p.m., it could be midnight, correct? Commissioner Diaz de la Portilla: It could, right -- Ms. Mendez: I -- it would be 5 p.m. tomorrow -- Commissioner Diaz de la Portilla: Why? City of Miami Page 63 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Ms. Mendez: -- because that's what -- because if you count the 10 days -- Commissioner Diaz de la Portilla: Well, a day is a day. Well, 10 days -- a day is a day, it's not 5 p.m., it's not close of business, right? Ms. Mendez: I mean, the -- the resignation was dated -- the date and time, specifically - Commissioner Diaz de la Portilla: At 5 p.m., so -- Ms. Mendez: I believe, if anyone -- it was at 5 p.m. Commissioner Diaz de la Portilla: December 30th, effective 5 p.m., right, ifI remember right? December 30th, effective 5 p.m. Ms. Mendez: So, then 10 days, counting -- Commissioner Diaz de la Portilla: Until 5 p.m. that day, right? Okay, so it's 5 p.m. until tomorrow. So, then what time do we meet tomorrow if we recess? Commissioner Reyes: We meet at 6. Ms. Mendez: So, I would -- Commissioner Diaz de la Portilla: Yeah -- Ms. Mendez: I would ask -- at 6? Commissioner Diaz de la Portilla: We can meet at 6 in the morning. Ms. Mendez: I would ask, please, if it could be at -- Commissioner Reyes: 6 in the afternoon. Ms. Mendez: -- early, because my son leaves back to college tomorrow and I would like to -- Commissioner Diaz de la Portilla: Yeah, but your personal issues are not our concern right now. Ms. Mendez: No, I understand. I understand, but you know. Commissioner Diaz de la Portilla: We 're frying to name a Commissioner, so sorry. Ms. Mendez: Okay, well I'm just saying by tomorrow -- Commissioner Diaz de la Portilla: And he'll be fine. He'll be fine. Ms. Mendez: -- I will have to leave early tomorrow and I'll -- Chair King: Tomorrow at 4 o'clock? Commissioner Diaz de la Portilla: No, 4 o'clock? No, we have until 5 p.m. tomorrow. Chair King: You have an hour between 4 and 5. City of Miami Page 64 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Commissioner Diaz de la Portilla: No, no. For us to come to consensus, we would have to have more debate. So, you would have to have -- Chair King: 3 o'clock. Commissioner Diaz de la Portilla: No, I don 't think so, I think at least -- Chair King: Oh, come on, I don 't want to be here -- Commissioner Diaz de la Portilla: At noon, or -- yeah, noon, it makes sense, right? At 12 o'clock, because we can have five hours of debate. Commissioner Reyes: Five hours of debate. Commissioner Diaz de la Portilla: Yeah, we could have all the debate we want, and you can have all night for reflection, Madam Chair. You can reflect -- Commissioner Reyes: Commissioner -- Commissioner Diaz de la Portilla: -- and reconsider your position. Ms. Mendez: Can we do 9 a.m.? Can we do 9 a.m. tomorrow? Chair King: No. Commissioner Reyes: You want to -- if you want to punish us. That's what you want. You want to have a beating on a dead horse for five hours because that's your punishment for us not being in agreement with you. Commissioner Diaz de la Portilla: Of course. Commissioner Reyes: And I'm not going for that. Commissioner Diaz de la Portilla: Of course, of course, so I think -- how about if we vote on it? It can be a stalemate too, it could be a 2-2 vote again, but how about if we do 1 o'clock tomorrow? And we do 1 o'clock to 5 o'clock, right? And we kind of try to Commissioner Reyes: But what -- Commissioner Diaz de la Portilla: Well, because maybe people have a change of heart. Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: Let's vote on that. Commissioner Reyes: If you don 't have a change of heart by -- Commissioner Diaz de la Portilla: Well, you may not, but maybe somebody else does. So, maybe -- Commissioner Reyes: I know you 're talking about her. Commissioner Diaz de la Portilla: I'm talking about the Chairwoman, yeah. Maybe -- Chair King: No, you might be talking about yourself. City of Miami Page 65 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Commissioner Diaz de la Portilla: Yeah, I could be. Chair King: Yeah. Commissioner Diaz de la Portilla: I could be talking about everybody. That's why -- I didn 't pinpoint anyone, but how about if we do -- Chair King: 2 o'clock, 2 o'clock. Commissioner Diaz de la Portilla: 1:30. Commissioner Reyes: No, no, no, no, no. 3 o'clock. Commissioner Diaz de la Portilla: 2 o 'clock. It works. Chair King: 2 o 'clock. Commissioner Diaz de la Portilla: 2 o 'clock, it works. Chair King: 2 o'clock. Commissioner Diaz de la Portilla: 2 o'clock tomorrow, we come back in recess. Chair King: We'll resume again tomorrow at 2 -- Commissioner Diaz de la Portilla: And have lunch -- Chair King: -- o 'clock. Commissioner Diaz de la Portilla: -- I have lunch available at 1:30. Chair King: Thank you everybody for -- Vice Chair Carollo: Well, hold on, is there a motion? Was there a second? Chair King: Oh. Mr. Hannon: It could be just -- Commissioner Diaz de la Portilla: I move it. Chair King: Motion. Mr. Hannon: -- unanimous consent, if you'd like. It could be construed as unanimous consent if there's no objection. Commissioner Diaz de la Portilla: You're not-- without objection, yes. Mr. Hannon: Yes. Commissioner Diaz de la Portilla: We'll do it, yes. Mr. Hannon: If there's no objection then you don't need a vote. Commissioner Reyes: You don 't need a vote. Vice Chair Carollo: I'm objecting. I'm objecting. City of Miami Page 66 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Mr. Hannon: Oh, well, understood. Vice Chair Carollo: There is no vote. We 'd like to make it official. Chair King: Okay. Do I have a motion to recess until 2 o 'clock tomorrow? Commissioner Diaz de la Portilla: So moved. Vice Chair Carollo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: The meeting is recessed until 2 o'clock tomorrow afternoon. Thank you, everyone [Later...] Chair King: Yesterday we resumed the meeting after, I believe, our fourth ballot. Commissioner Reyes: Fourth ballot. Chair King: And I am going to give my colleagues again an opportunity to speak. We can each take five minutes -- Commissioner Reyes: Five minutes? Chair King: -- and I -- five minutes, and I will start with my Vice Chair. Vice Chair Carollo: Thank you. Thank you, Madam Chair. To quickly go over my reasons, as I stated yesterday, why I don 't feel this body should opt for a special election versus an appointment, we begin with having been placed in a situation by the former Commissioner because he was so selfish that he only thought about himself and what he wanted in his future, that he did not resign in time for an election to have been held in November, past November, where you had a lot of people that went out to the polls and individuals could have had ample time to have campaigned. That is why we're here today. But no one talked about that back then even though the people in his own party saw fit to retire him in the congressional race, and not by a small amount, by a huge amount. But we're left with the situation he left us with. Having said that, I know the old saying, "democracy has no price, " well, I know better. I've been around too long. I know democracy has a price, and $300,000 for a special election is not chicken feet. How many here make $330, 000 a year? The fact that beginning this January 1st, our laws have changed where individuals that have been used to just getting their absentee ballot at their home and voting absentee now have to ask for it, and I will tell you that 99 percent of the people don't know that. It's going to make this into an election that you're going to have even a lower turnout than you usually would. I don't know if that number will be 5, 6, 7, 8 percent of the total voters in District 2, but it's going to be the lowest turnout that we have ever seen, and I have no doubt of that. The fact that we have been let -- left rather with a lawsuit, inspired by the previous officeholder in District 2 -- and he will deny it, but like I said yesterday, the fingerprints -- and we all are born with one apiece -- his are there, Juan Cubas, that he 's used for all the shenanigans, time and time again. Because of that lawsuit, if it is successful, don't matter that we have a special election, we 're going to have to have then another one. However, if this body names a replacement for District 2, not any particular form or precincts or areas that comprise District 2, District 2 then whatever happens with that City of Miami Page 67 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 lawsuit, the individual that we appointed stays, no special election, no additional dollars. In a special election like this -- and let me back up for a second. This is all planned, very well planned so that, in November, there would not have been an election for the seat so that we would have a special election now, special election that I guarantee you the previous officeholder in this seat is prepared for with enough pockets of monies here and there that whoever he chooses that did not file an application to be appointed, he made some phone calls, including to myself that I did not answer, so that that individual will be very well financed. And in an election that is going to be so quick, anyone that gets 15, 18, 20 percent of the vote will be the winner because, unbeknownst, I think, to most, there are no run-offs in special election. And you are going to have some 12 people, maybe more, running, so you could figure that out and what I'm saying, and it's the truth. You could very well end up with someone winning that seat with less than 20 percent of the vote or so. There are many other reasons that we could go into, but democracy, as the Greeks invented it -- because we talk about democracy so much and we, for the most, don't know what democracy is, because I will assure you, if the Greeks of the past that invented democracy were alive today, they'd be running in their stomachs not believing what we have done with their creation of democracy. Democracy is not for the sake of saying we're being democratic. You throw an election that is going to be done in approximately 60 days or less, depending on the time that we give for people to qualify, where most people aren't going to know who's really running, what they stand for, what they're about, their background, et cetera, et cetera, where someone already is going to have a vast advantage because it was planned that way for them, and the others are just part of the act that they think, "Gee, this is democracy. This is wonderful. I really have a chance to win." And then when you see the ending, like Gomer Pyle used to say, "Surprise, surprise." That's the reality of that type of democracy. Democracy is giving everybody the same level playing field, where they have enough time to raise some dollars, where they have enough time to go knocking on doors and enough doors that enough people can get to meet them one on one and see what they're all about, where there can be ample debates that people know about and they can participate. Frankly, no one can convince me that the route of a special election in the way that I described that this has to happen is going to be democratic. We have every right and the citizens of Miami have approved our Charter on numerous times, where we have every right, in a democratic process when there are vacancies, to be able to name an individual. Lastly, whether it's five months -- but in this case, I think it will be closer to around two months or so -- no district of the city should be without a Commissioner, and District 2 deserves to have an immediate representation. I've already stated that I think there's some fine candidates in the 18 that submitted their names; 16 that were here yesterday. While I think some are better than others, so that there's no false illusions that I'm trying to push one over the other so I could have a friend up here in the dais with me, I publicly have stated to the Chairwoman that she can choose any one out of those 18 that we could get a consensus on, and I will gladly second that and go with her nomination, whoever it is. I just think that the most democratic way, the fairest way is for us to make an appointment and then let people that want to run have 11 months, 10 and a half months to be able to campaign the way that most of us in America see democracy. The end of the day, we have a charter we have to follow, each of us has one vote. As you recently have seen in Congress and in the halls of Washington, you could only move government with consensus, no matter how good or how bad they are, and if there 's no consensus, then at least I've stated my way of looking at this. And if this goes to an election and what I'm saying happens, don't look at me and say, "Gee, why did you do that? Why did you put it up for an election?" Chair King: Commissioner. Commissioner Diaz de la Portilla: I don't want to be redundant. I think Commissioner Carollo has outlined all of the points. I outlined them yesterday too. We went back and forth. We had a long meeting yesterday. I don't believe we should go to a special City of Miami Page 68 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 election. I think the Charter -- Section 12 of our Charter is very clear. It says that we first have to appoint, and if we fail to do so, then we go to a special election. And I want to make sure the City Attorney clarifies that provision again for the record because I'm afraid -- I fear that we may go to the courts, that this may end up in the courts, and I want to make sure that we're following the Charter in the order we're supposed to be following it. That's very, very important. If you could clarify that for me, and then I'll continue my comments. Mr. Greco: Sure, Commissioner. Section 12 of the Charter requires -- first in Section (a) that when a vacancy occurs on the City Commission as it has done here, that it -- the vacancy shall be filled within 10 days after such vacancy occurs by a majority of the remaining City Commissioners. I think that's the provision you wanted me to clarify. And correct me if I'm wrong that at the beginning of Section 12 of the Charter, within 10 days it requires that the -- that the remaining Commissioners fill the vacancy by an appointment. That is the first sentence in Section 12 of the Charter. Commissioner Diaz de la Portilla: Right, so that's the number one -- that's number one on the list. Mr. Greco: Correct. Commissioner Diaz de la Portilla: And then it says if we fail to do so -- continue. Mr. Greco: If -- and then in Section (b), it says, If the remaining City Commissioners shall fail or refuse to fill such vacancy within 10 days after it occurs, as provided herein, the City Commission shall call a special election to fill the vacancy to be held at a date not less than 38 nor more than 45 days after the expiration of the 10-day period and the five-day qualifying period." So, Section (b) -- Commissioner Diaz de la Portilla: So, in essence, if we abdicate our responsibility, we don't fulfill our responsibility, then it falls to a special election. Mr. Greco: Correct. Commissioner Diaz de la Portilla: What if we're a stalemate -- stalemated here and we don't agree, it's 2-2. I don't believe a special election should be called because I agree with what Commissioner Carollo was saying. It's going to be a low turnout election. The -- it's -- for lack of a better word, it's going to be kind of rigged, and because there's a former Commissioner who could have left early, as Commissioner Carollo said, who could have saved the City $330, 000, but his own folly, his own ambition didn't allow him to leave early, and that's why we're here. He could have left early, and we could have had an election in November; it wouldn't have cost us anything. It would have been part -- a much higher turnout. That's really what democracy is. Since I've been here, three and a half years now, or three -- a little bit under three and a half years, there's been one appointment that was done. There was a process. Commissioner Reyes, you voted to appoint someone. Commissioner Reyes: Yes, I did. Commissioner Diaz de la Portilla: And you found it legitimate. Commissioner Reyes: Yes, I did, made a mistake. Commissioner Diaz de la Portilla: And you -- and democracy may have not had a price back then or it doesn't have a price now, but you made that choice, and you appointed someone. City of Miami Page 69 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Commissioner Reyes: Yeah, I did. Commissioner Diaz de la Portilla: Chairwoman King, you applied, and you brought people that were supporting you, as other candidates did yesterday. You applied; it was a legitimate process. Everybody here -- Commissioner Carollo, he voted to appoint, I voted to appoint. Commissioner Reyes: You did. Commissioner Diaz de la Portilla: Commissioner Russell voted to appoint. Every single Commissioner here voted to appoint. It was a legitimate process. And all of a sudden, a year later, it's no longer legitimate. We have to go to a special election. Why? And that's a -- the faulty logic that I don't get. You have to be consistent in politics. You have to be consistent in governing. If you believe something, ifyou believe the way to go is through a special election, why didn't we do that when you were -- when District 5 was up? And why did everybody apply, and why did the people test and why did we all vote for an appointment, who later on we found out that candidate got 14 percent of the vote, and I guess you got 65; you corrected me yesterday, right? 65, was it, or something like that. You did very well. So, now, all of a sudden, we're in a place that we're making the counterargument, a totally different argument that was made a year ago, and say, no, an appointment -- well, I'm not making it. I agree with Commissioner Carollo. There should be an appointment. That's our number one responsibility according to our Charter, a charter approved by City voters. First, we have to appoint. If we fail to do so, then it falls to an election, a special election, but that's a failure on our part. And any argument that says, no, the special election should go first is a faulty argument; it's a flawed argument. First, we have to appoint. Commissioner Carollo is correct. Suarez -Menendez, Dr. Suarez -Menendez, James Torres, Judge Martin Zilber and many others, very qualified candidates that had people come before us yesterday from all different walks of life, from all different backgrounds. They all offered different things to us, but clearly, there were some people that had more support than others. So, the community -- like, for example, when Commissioner -- when then Christine King, before you were a Commissioner, had a lot of prominent people testes on her behalf, community leaders, civic leaders, we rejected that; I didn't. I voted for her, but it was rejected, and somebody else was appointed, and that's fine. That's part of our responsibility. That's what we do. For whatever reason -- for the reasons that maybe they felt that that person was the better person at that time, and later on, she has an election. And whether the community ratifies that or not, we 're going to have an election in November. The people will tell us if we're right or wrong. They may tell us, "Hey, you know what, you were wrong in appointing X or Y," or they may tell us we were right. But this seat deserves representation. There are many issues that are coming before us in four days, in five days, on Thursday. We have six Commission meetings. God help us if it goes to the courts, and God help us if the courts delay it and the seat remains vacant for longer than the 50 days because then we have affordable housing issues, we have antipoverty initiatives, we have controversial issues that are coming, and District 2 will not have a voice. All the coastal communities will not have a voice on this dais; this seat will be empty. It will be empty if we don't appoint. Because best case scenario is we have an election in 50 days from now, so for six meetings -- and I could go through the list. I have it off the top of my head, but I'm not going to bore -- because I'm running out of time -- bore the audience. But that list includes controversial issues, impacting issues that impact -- will have serious impacts on the future of our city, especially our urban core and other areas. Mr. Torres knows about scooters; we've been talking about that. Mr. Zilber and I have spoken about affordable housing in the West Grove, so there are issues that matter that are coming before us, the creation of the West Grove CRA (Community Redevelopment Agency) to fix that area, to finally do something about it. That Commissioner, whoever he or she is, has to have -- be here to educate us, to help us because he's the one that -- he or she will be the closest to that community. For us to not have that responsibility and not take that City of Miami Page 70 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 seriously and ignore our Charter and claim it as it's democracy has no price, that's not a real argument because 5 percent of the people voting, where only half of them are registered, is not democracy. And people being able to raise money and campaign in 50 days, people that are well connected that have special interest ties and can do it quickly, a sprint to the finish line, of course, you're going to win. And the former Commissioner who created this problem, his folly, the former Commissioner who created this problem is behind, as Commissioner Carollo said, a lot of these lawsuits and a lot of these things that are happening here. It is not correct to make false arguments up here and say, "Oh, this is about democracy." If 20 activists come out here, that's not democracy, that's 20 people out of 100, 000. But people that care to be here on a Saturday, to be here on a Sunday so their voice matters also, but the people that were coming out yesterday were coming out in favor of one candidate, the judge, in favor of another candidate, James Torres, in favor of Mr. -- Dr. -- sorry, Dr. Suarez -Menendez and activists that had been involved in the Grove. And when I took into account -- how I came down to Judge Zilber at the end of the day was because he's the one that's lived the most, the longest in the district, that to me was important. He's also the one that's been elected three times, once to the Coconut Grove Council -- Village Council and twice countywide. He's the one that brings some legal expertise to our dais, which you bring also, Madam Chair, which is important because you bring some reasoning to us maybe sometimes, right. So, he's the one that I thought had the most community ties, not that anybody else was not a good candidate, and maybe in the future, they could be great candidates. But the one at this juncture that I thought, after looking at all the resumes -- and by the way, your resume, Doctor, is incredible, it really is, you know, and it wasn't an easy decision. And your acti -- your community activism is fascinating. You've been to every meeting. I've seen you here all the time and many other people that have come here -- Mr. Hepburn, for example, who's been involved in politics for a long time. So, there are people that deserve, and they can run, and they can run in November, and they have time to campaign, and people can get to know who they are, and people can choose in a real election with a real amount of voters voting, not a special election with a low turnout. So, there's no democracy we're talking about here. What we're talking about is not doing our duty, which is, first and foremost, to appoint someone so that seat is not empty, so that District 2 has a voice. That's our responsibility. So, I, along with Commissioner Carollo -- I agree with him. I don't know if we're going to be -- have a stalemate here today or not, but I'm not going to vote for a special election. I think we're circumventing democracy in a special election. I think we're going around our Charter in a special election. I think it's open to a court challenge and to the Department of Justice challenge. I think that's what's going to happen here if I vote for this. So, perhaps, the courts will decide, or we could decide maybe Thursday because we don't have to call a special election today, whatever we -- our legal department tells us. We can wait, but today, I'm not going to vote for a special election. It is not democracy; that's a false argument. It is a circumventing of our Charter, and we have very qualified candidates that have come before us and have told us what they offer, and we know and we've seen what they can do for this community, and they can be a voice -- any of them can be very qualified. I happen to favor one. I make a choice, and when I make it, I made it. I'm very fair in that sense. And when I give somebody my word -- I gave Judge Zilber my word, and I'm continuing to stick with him through the end. But the argument that a special election works is not a good argument. I don't buy it, and I don't think anybody here should buy it. Thank you. Chair King: Thank you. Commissioner Reyes. Commissioner Reyes: Yes. I'm going to be brief because I think that we are beating on a dead horse, and I'm not that type of person that like to hear myself speak. But I -- I'm just going to address some of the comments that were made by my colleagues. I respect their opinion, and I wish they respect mine; that's the way that democracy works, you see. You have an opinion, and you respect the person that does not agree with you. City of Miami Page 71 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 That is what the fathers, the Athenians that Commissioner Carollo referred to, Cleisthenes and Pericles, they were the fathers of democracy. That's what they fried -- and they still -- they make that, in Athens, make Athens an example for the world. And the definition of democracy was made very clear by our great president, Abraham Lincoln, when he stated that democracy is for the people -- by the people and for the people, you see. That's what democracy is. I mean, you can change it (UNINTELLIGIBLE). Anyways, I believe that the people should pick, and they should choose. And the same -- the -- and the -- that we -- and I'm going to have very low turnout. Well, if you go back to all the elections in District 2, the average turnout is 11 percent, 11 percent of the voters go out and vote in District 2. And Mr. Diaz de la Portilla, my dear Commissioner, when we were choosing the replacement for that vacancy, I made a mistake. I should have voted with you who (UNINTELLIGIBLE) you -- and very passionately, you asked for a special election, you did. You see -- well, look at the records. You even called us that were asking for an appointment, you called us three white boys making a choice. You see, I remember well. I made a mistake. I would have voted -- I should have voted just with you. I should have supported your plea for a special election at that time. What made you change, I don't know, but at that time, you were very passionate, very passionate about a special election. Thank you. And now let 's vote. Chair King: This is exactly what democracy is. The exchange that we're having here, the differences of opinion that we have -- Commissioner Reyes: That's right. Chair King: -- this is democracy. Commissioner Reyes: At work. Chair King: And I do believe, as I have said, that the people should decide who their representative is. So, let's pass the ballots out again. Vice Chair Carollo: For -- while the Clerk is doing that, Madam Chair, if I could ask the Assistant City Attorney a couple of questions pertaining to this. If there was a special election, what is the least and the maximum amount of dates that we are allowed by Charter to have open for people to apply to run? Mr. Greco: The Clerk is signaling that he -- it's a five-day qualifying period, but I'll let Todd -- Vice Chair Carollo: Okay. Mr. Greco: -- go ahead and address it. Vice Chair Carollo: Then Mr. Clerk, the ball has been sent to your corner. Todd B. Hannon (City Clerk): Yes, sir. Mr. City Attorney is correct. There's a five-day qualiing period, and it does not include weekends or holidays. Vice Chair Carollo: It's only a five day. Mr. Hannon: Yes, sir. Vice Chair Carollo: No more, no less. Mr. Hannon: No more, no less, no weekends or holidays. City of Miami Page 72 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Vice Chair Carollo: No weekends or no holidays, okay. And what is the least amount of dates and the maximum amount of days that after that initial five-day qualing period are we allowed to hold the election on? Mr. Hannon: Sir, the election could be held any time between February 20, which is a - Vice Chair Carollo: But give me dates, dates. Mr. Hannon: Well, the number of days, eight days, sir. Vice Chair Carollo: You mean we could have an election after quali -- Mr. Hannon: No, no, no, that's the window. You could have -- so let me go to the dates. You could have the election anytime between February 20th, which is a Monday, so February 20th, the 21st, which is a Tuesday, the 22nd, which is a Wednesday, the 23rd, which is a Thursday, the 24th, which is a Friday, the 25th, which is a Saturday, the 26th, which is a Sunday, and the 27th, which is a Monday. Vice Chair Carollo: Okay, but, again, if you could answer my question, the least amount of dates based on the dates that you gave, if you could count them -- you got the calendar before you -- is how many days after qualying ends? Mr. Hannon: Oh, my apologies. Thank you, Madam Assistant City Clerk. 38 through 45. Vice Chair Carollo: Excuse me? Mr. Hannon: 38 -- no earlier than 38, no later than 45 days after the expiration of the five-day qualiingperiod. Vice Chair Carollo: Okay. Commissioner Diaz de la Portilla: Starts at February 21 st. Mr. Hannon: Yes, sir. Vice Chair Carollo: Okay, so the maximum of 45 after the five days qualfing -- Commissioner Diaz de la Portilla: 50 days. Vice Chair Carollo: -- will make it what date, and what day of the week is it? Mr. Hannon: The very last day, which would be the 45th day after the expiration of the qualfing period, is February 27th, which is a Monday. Commissioner Diaz de la Portilla: It's 50 days. Vice Chair Carollo: Okay. And have you spoken to the Elections Department, Christina White, to find out if they could put an election together in this short period of time? Mr. Hannon: Yes. It's challenging, but yes, they will be able to assist the City with a special election during that window. Vice Chair Carollo: Okay. Do they have a problem with any dates? For instance, if we go to a Monday election with 45 days? City of Miami Page 73 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Mr. Hannon: The 27th? No, sir. Vice Chair Carollo: Okay. All right, I just wanted to get that on the record. Commissioner Diaz de la Portilla: I have a question of the Clerk, Madam Chair, before you read the ballots. 50 days from today, right, 5 days quaking, 45 days maximum, 50 days from today, right? Mr. Hannon: Yes, sir. Commissioner Diaz de la Portilla: The -- because I want to give as much time as possible if we -- eventually the courts rule whatever. So, it's 50 days from today. Mr. Hannon: Yes, sir. Commissioner Diaz de la Portilla: And what day is it? Mr. Hannon: Now, we just have to be careful. The way that it aligns is 50 days -- Commissioner Diaz de la Portilla: You have holidays in between. Mr. Hannon: Right, but it is -- Commissioner Diaz de la Portilla: Right. Mr. Hannon: -- you 're correct, yes, sir, so -- Commissioner Diaz de la Portilla: So, you have President's Day. Mr. Hannon: February 27th would be -- Commissioner Diaz de la Portilla: Right. Mr. Hannon: -- the very last day. Commissioner Diaz de la Portilla: Including the holiday, Martin Luther King Day -- Mr. Hannon: Yes, sir. Commissioner Diaz de la Portilla: -- President's Day. Mr. Hannon: Yes, sir. February 27th. Commissioner Diaz de la Portilla: The holiday -- weekends included? Mr. Hannon: Yes, sir. Commissioner Diaz de la Portilla: So, 50 days is getting rid of those two holidays? Mr. Hannon: February 27th includes all of that, sir. Commissioner Diaz de la Portilla: Includes all of that, the latest possible moment. Mr. Hannon: Yes, sir. Commissioner Diaz de la Portilla: And what day is February 27th, what --? City of Miami Page 74 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Mr. Hannon: It's a Monday, sir. Commissioner Diaz de la Portilla: It's a Monday. And what do you predict the turnout's going to be on that day? But anyway, that's a different conversation. All right, thank you. 5 percent. Vice Chair Carollo: Oh, you're waiting for me? Okay. Commissioner Diaz de la Portilla: You're the lone holdout here. Sandra Forges (Elections Coordinator) : Thank you. Mr. Hannon: The vote result for Round 5 as it pertains to the appointment to a District 2 vacant seat: Commissioner Diaz de la Portilla voted for Martin Zilber. Commissioner Carollo voted for Martin Zilber. Commissioner Reyes selected none of the applicants. Commissioner King selected none of the applicants. There is no -- there -- you do not have three votes for one particular candidate, so an appointment cannot be made at this time. Vice Chair Carollo: Okay, can we keep with the balloting? Commissioner Diaz de la Portilla: Round 6. Commissioner Reyes: (INAUDIBLE). Commissioner Diaz de la Portilla: I think the US House did 25 rounds, what was it? Something like that. Commissioner Reyes: (INAUDIBLE). Commissioner Diaz de la Portilla: Was it 14? Yeah. Thank you. Where is Matt Gates when you need him, right? Mr. Hannon: The vote result for Round 6 as it pertains to an appointment to the District 2 vacant seat: Commissioner Diaz de la Portilla voted for Martin Zilber. Commissioner Carollo voted for James D. Torres. Commissioner Reyes selected none of the applicants. Commissioner King selected none of the applicants. There are no -- there aren't three votes for a candidate, so an appointment cannot be made at this time. Vice Chair Carollo: Okay, let's keep going. Commissioner Diaz de la Portilla: One more. Vice Chair Carollo: Well -- Commissioner Diaz de la Portilla: We'll do 14. I mean, we should emulate our Congress, right? Mr. Hannon: The vote result for Round 7 as it relates to an appointment to District 2 vacant seat: Commissioner Diaz de la Portilla voted for Martin Zilber. Commissioner Carollo voted for James D. Torres. Commissioner Reyes selected none of the applicants. Commissioner King selected none of the applicants. No candidate received three votes; therefore, an appointment cannot be made at this time. Vice Chair Carollo: Can we have another ballot, please? City of Miami Page 75 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Commissioner Diaz de la Portilla: Does anyone know if the Dolphins are winning or not? Are we out of the playoffs? I see everybody looking at their phone, so are we out of the playoffs again? Are we winning? June Savage: The score is Jets, 3, the Dolphins, 6. Commissioner Diaz de la Portilla: All right. Vice Chair Carollo: Okay. Commissioner Diaz de la Portilla: How about the Bills - Patriots? How about the Bills - Patriots? What's happening with the Bills? Does anybody know? (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: We have more important business, but missing the playoffs again is just not a good thing. The curse of the Dolphins, right? (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: Yeah. How 's Buffalo doing? Are they winning? (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: Oh, really? (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: 14-14, oh, wow, okay. So, let's do about 10 more ballots, and then we can get to the game, the closing. Mr. Hannon: Commissioners, the vote result for Round 8 as it relates to an appointment to the District 2 vacant seat: Commissioner Diaz de la Portilla voted for Martin Zilber. Commissioner Carollo voted for James D. Torres. Commissioner Reyes selected none of the applicants. Commissioner King selected none of the applicants. No applicant received three votes; therefore, an election cannot be made at this time. Vice Chair Carollo: Okay. Commissioner Diaz de la Portilla: One more time. Vice Chair Carollo: One more time. Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: The young lady who was giving us the update, just make sure you keep on giving us updates on the game. Unidentified Speaker: Are you going to pay me to do that? Commissioner Diaz de la Portilla: Yes, ma'am, we will. (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: Yes, ma'am. Unidentified Speaker: Let's go. City of Miami Page 76 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Commissioner Diaz de la Portilla: At least give us some good news for the day, right? We make the playoffs. What do you think, Madam Chair, we make the playoffs? What do you think, Commissioner Carollo? We make it this year? Vice Chair Carollo: No. Commissioner Diaz de la Portilla: I know, I agree, the curse. Commissioner Reyes, do we make it? Commissioner Reyes: I think so. Commissioner Diaz de la Portilla: You think so? We get lucky. Commissioner Reyes: But we're going to lose in the playoffs. Commissioner Diaz de la Portilla: Yeah. Oh, well, of course we 're going to lose in the playoffs. Right now, we're talking about do we make it. Commissioner Reyes: I think we are cursed because of the way they treated Shula and Marino, but I think we have a great chance. Commissioner Diaz de la Portilla: Yeah. Commissioner Reyes: We will win the game. Commissioner Diaz de la Portilla: They're good matchups. They'll win the game and Buffalo should beat the Patriots too so -- but -- Commissioner Reyes: The odds are in our favor. Commissioner Diaz de la Portilla: Yeah, yeah. Mr. Hannon: Commissioners, the vote result for Round 9 as it relates to an appointment to the District 2 vacant seat: Commissioner Diaz de la Portilla voted for Martin Zilber. Commissioner Carollo voted for Jorge Suarez -Menendez. Commissioner Reyes selected none of the applicants. Commissioner King selected none of the applicants. No applicant received three votes; therefore, an appointment cannot be made at this time. Commissioner Diaz de la Portilla: Bring it on, one more. One more. Ms. Forges: Commissioner. I'll take it, Commissioner. Thank you, Madam Chair. Thank you, Commissioner. Mr. Hannon: The vote result for Round 10 as it relates to an appointment to the District 2 vacant seat: Commissioner Diaz de la Portilla voted for Martin Zilber. Commissioner Carollo voted for Martin Zilber. Commissioner Reyes selected none of the applicants. Commissioner King selected none of the applicants. No applicant received three votes; therefore, an appointment cannot be made at this time. Commissioner Diaz de la Portilla: You want to go home? You do? Commissioner Carollo, Vice Chair? Commissioner Reyes: You bring lunch? Commissioner Diaz de la Portilla: I have sushi, I think, I don't know, maybe. City of Miami Page 77 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Commissioner Reyes: Sushi. Commissioner Diaz de la Portilla: Maybe we have sushi, I don't know. We got to check. Commissioner Reyes: You do that on purpose because I don't eat sushi. Commissioner Diaz de la Portilla: Because you don 't like sushi, I know. Vice Chair Carollo: Well, I would suggest that -- it's 3 p.m. -- that maybe we take a -- Commissioner Diaz de la Portilla: A recess. Vice Chair Carollo: Thank you. A recess -- Commissioner Diaz de la Portilla: Yes. Vice Chair Carollo: -- 20 minutes and -- Commissioner Diaz de la Portilla: Can we do 30, Commissioner? Vice Chair Carollo: Make it 3:30. Commissioner Diaz de la Portilla: Yes, sir. Vice Chair Carollo: It'll be 29 minutes, maybe 28 by the time I'm done talking. Commissioner Diaz de la Portilla: Yeah. Vice Chair Carollo: And then we come back and give it one last time. Commissioner Diaz de la Portilla: Okay. Vice Chair Carollo: Because I truly don't want to spend all day here today like we did yesterday. I have a cold that's still trying to grab me after I've just gotten over a flu. Commissioner Diaz de la Portilla: I have the same issue. Vice Chair Carollo: Yeah. Commissioner Diaz de la Portilla: All December. Vice Chair Carollo: So -- Commissioner Diaz de la Portilla: We come back at 3:30. Is that okay, Madam Chair? Commissioner Reyes: Is that going to change anything because -- Commissioner Diaz de la Portilla: It could. Commissioner Reyes: -- I believe that -- Commissioner Diaz de la Portilla: It could. Well, you don't know -- well, you know what you know, but you don't know -- Commissioner Reyes: No, no, I know, I know. City of Miami Page 78 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Commissioner Diaz de la Portilla: -- but you don't know what she knows. Commissioner Reyes: Well, I don't know. Commissioner Diaz de la Portilla: So, we can come back. Chair King: If that is the will of the body, we will recess until 3:30. Commissioner Reyes: I don 't want a recess. [Later... Chair King: What is the will of this Commission? Commissioner Reyes: Madam Chair, may I -- I know that we should -- well, after all this voting, it's clear that nobody has three votes, so I move for a special election. Chair King: I -- Commissioner Reyes: I'm moving for a special election. Chair King: Okay. We need one more -- Commissioner Reyes: I need a second. Chair King: We need one more person. Commissioner Reyes: Yes. Chair King: Okay. Commissioner Reyes: But I just want you to know -- Chair King: I'll second it. Commissioner Reyes: -- that that's what I want to do. I move it (UNINTELLIGIBLE). You can open the floor. Chair King: Commissioner -- Commissioner Diaz de la Portilla: Hi. Chair King: -- on the floor now is a motion and a second to call for a special election. Commissioner Diaz de la Portilla: Okay. Chair King: So, we'll take a vote. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Who made the motion? Commissioner Reyes: I did. Chair King: Commissioner Reyes. City of Miami Page 79 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Commissioner Reyes: Second by the Chair. Commissioner Diaz de la Portilla: Let's take a vote. Commissioner Reyes: Yes, let's take a vote. Chair King: Todd, can you poll the --? Mr. Hannon: Roll call vote. Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: No. Mr. Hannon: Commissioner Reyes. Commissioner Reyes: Yes. Mr. Hannon: Commissioner Carollo. Vice Chair Carollo: No. Mr. Hannon: Chair King. Chair King: Yes. Commissioner Reyes: Okay. Mr. Hannon: Motion fails, 2-2. Commissioner Reyes: That's it. Commissioner Diaz de la Portilla: So, let's go home. We come back on Thursday, and we can call -- have the conversation again on Thursday. Chair King: Is that a motion? Commissioner Diaz de la Portilla: I make a motion. Chair King: Is -- Commissioner Diaz de la Portilla: Are we adjourned? Chair King: Is there a second? Commissioner Reyes: Adjourn it today? Yes, but I want to make sure that -- okay, that 's fine. Chair King: There's a motion and a second. Vice Chair Carollo: Discussion. Chair King: For discussion, Vice Chair. Vice Chair Carollo: The assistant -- Commissioner Diaz de la Portilla: The microphone, Chair -- Vice Chair. City of Miami Page 80 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Vice Chair Carollo: Assistant City Attorney, based on our Charter provisions, can we recess this meeting into the Thursday meeting of next week on the 12th? Commissioner Diaz de la Portilla: And I have a follow up to that. Mr. Greco: So, you're asking if we can recess it? Commissioner Reyes: No. Mr. Greco: You -- it doesn't change the 10-day period to appoint. Commissioner Reyes: Absolutely. Mr. Greco: You have `til today at 5 o'clock to appoint. After that, it's -- Charter says that the City Commission shall call a special election. Vice Chair Carollo: It says that the City Commission what? Mr. Greco: Shall call a special election. So, you have 10 days. The 10 days expires today at 5 o'clock. After 5 o'clock today, the only option is to call a special election. Vice Chair Carollo: The only option is to call a special election? Mr. Greco: Yes, correct, under the Charter. Vice Chair Carollo: Okay. Commissioner Diaz de la Portilla: I have a question, if you're done, Commissioner. Vice Chair Carollo: For the meantime, I'm done, go ahead. Commissioner Diaz de la Portilla: Yeah. So, the commencement of proceedings without adjourning, but recessing, does not continue the process? Mr. Greco: Correct. Commissioner Diaz de la Portilla: So, it has to be done by 5 p.m.? Are you sure? Mr. Greco: Yes. Commissioner Diaz de la Portilla: Based on? Mr. Greco: The plain language of the Charter. Commissioner Diaz de la Portilla: Okay. Mr. Greco: The Charter says -- Commissioner Diaz de la Portilla: Can you read it to me? Mr. Greco: I know you're -- we're both reading the same thing. Commissioner Diaz de la Portilla: I know, I know, I know but tell me -- Mr. Greco: My best -- Commissioner Diaz de la Portilla: I want to see your logic, yeah. City of Miami Page 81 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Mr. Greco: -- my best reading is of -- is -- Commissioner Diaz de la Portilla: Yes. Mr. Greco: A vacancy on the City Commission, you know, dot, dot, dot, shall be filled within 10 days, shall be filled within 10 days after such vacancy occurs by a majority of the remaining City Commissioners; 10 days is 10 days. Commissioner Diaz de la Portilla: And no court can interpret that that the commencement of those proceedings could drag on? For example, what happens -- the example that we 've been using all along, that once it starts, it's an ongoing process. It's not an adjournment; it's a recess. That process has started already. That debate -- like we've been here two days, for example. Let's say we come back tomorrow, hypothetically, or Tuesday, or Wednesday, or Thursday, or Friday. Does that -- is -- once it begins, it has to end in 10 days? Mr. Greco: I think that the -- Commissioner Diaz de la Portilla: And is there any court, you think, or any case law that shows that the commencement is what matters, not the termination, the conclusion? Mr. Greco: I don't believe so. I believe that it's 10 days here. I mean, I understand -- I've been at the City for a while. Commissioner Diaz de la Portilla: I know. Mr. Greco: I've litigated --I've -- Commissioner Diaz de la Portilla: It's not that you've been in the City for a while. Mr. Greco: I know, I know. No, you -- Commissioner Diaz de la Portilla: That's not the issue, right? Mr. Greco: The issue is I have had situations where, for example, the termination of the police chief -- Commissioner Diaz de la Portilla: Right. Mr. Greco: -- or fire chief that provision's a little different, right, because it -- and under those circumstances and under the language in that section of the Charter, the commencement is sufficient. Here, it's a -- the language is very derent. The language here says within ten days -- Commissioner Diaz de la Portilla: Because I know the history -- Mr. Greco: -- something has to happen. Commissioner Diaz de la Portilla: -- of those situations you cited was the commencement, and then it could be a process that drags on for a period of time. Mr. Greco: Also, you know, we're piecing together different things that have happened over time, right? Commissioner Diaz de la Portilla: Right. City of Miami Page 82 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Mr. Greco: The adjourning of the meeting yesterday and re -- you know, continuation of it today didn't extend the 10-day period. What it did was it continued the meeting, right? You already had -- Commissioner Diaz de la Portilla: So, we didn't adjourn yesterday -- Mr. Greco: -- public comment. Commissioner Diaz de la Portilla: -- we recessed. Mr. Greco: I meant to say recessed. Commissioner Diaz de la Portilla: Yet, had we adjourned yesterday -- Mr. Greco: Misnomer. Commissioner Diaz de la Portilla: -- we'd have to notice and everything else. Mr. Greco: Exactly. Commissioner Diaz de la Portilla: Right, so we -- Mr. Greco: Exactly. Commissioner Diaz de la Portilla: -- recessed. Mr. Greco: So, for notice and for public comment and for all those things, a recess is just a continuation, separate and apart from what -- the 10 days required by the Charter to make this -- you know, to make that appointment. Commissioner Diaz de la Portilla: So you think -- Mr. Greco: So, that's my opinion. Commissioner Diaz de la Portilla: If I may. So, the language -- because it says within 10 days that the appointment has to come within those parameters, basically -- Mr. Greco: Correct. Commissioner Diaz de la Portilla: -- in your interpretation. Mr. Greco: That's my interpretation, and also -- Commissioner Diaz de la Portilla: Is that your CityAttorney's interpretation too or --? Mr. Greco: I mean, to the extent that I'm up here and I'm giving you an opinion, that's to be taken -- Commissioner Diaz de la Portilla: You're the acting City Attorney. Mr. Greco: -- for what it 's worth. But -- Commissioner Diaz de la Portilla: Is that Mr. Wysong's interpretation, or do we need to ask all 35 of you guys? Mr. Greco: I think -- Mr. Wysong -- if you want, you know, we can ask him (INAUDIBLE). City of Miami Page 83 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Commissioner Diaz de la Portilla: Or you get seven lawyers in a room and see who agrees, right? Mr. Greco: My opinion is that it's 10 days. And in fact, you know, when you look at Section (b), if an appointment isn't made, then basically, the clock starts ticking within - - you know, you have the 10 days, then tomorrow starts the 5 days, and then you have 38 to 45 days in order to have the election. Commissioner Diaz de la Portilla: Right. So, in essence -- we got the field goal? He's going like this. We won, 9-6, that's good. We won? Commissioner Reyes: We won. Commissioner Diaz de la Portilla: Did the Bills win? All right, all right, let me know. But -- so, in essence, the clock starts ticking at 5 p.m. today, right? Mr. Greco: Yeah, well, it expires at 5 p.m. to make the -- Commissioner Diaz de la Portilla: No, it starts ticking for the -- Mr. Greco: -- to make the appointment. Commissioner Diaz de la Portilla: -- 50 days. Mr. Greco: The 5 -- so you have the 10, then you have the 5, right? Commissioner Diaz de la Portilla: The 10 already expires at 5 p.m. today. Mr. Greco: Right, and then you have the 5. Commissioner Diaz de la Portilla: The 5 and the 45, maximum. Mr. Greco: And then 38 to 45. Commissioner Diaz de la Portilla: 38 to 45. Mr. Greco: Exactly. Commissioner Diaz de la Portilla: But if we -- Mr. Greco: Correct. Commissioner Diaz de la Portilla: -- so basically 50 days to an election. Mr. Greco: Exactly. Commissioner Diaz de la Portilla: And the qualfing could be as many days as you want, and it could -- Mr. Greco: It's five days. Commissioner Diaz de la Portilla: A five-day period, but it could be whenever we want it to be, right? Mr. Greco: I mean, I think the Charter contemplates that it be the next five days so that you have between 30 and 45 days, you have that 45-day max, right. City of Miami Page 84 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Commissioner Diaz de la Portilla: Right, of course, so really, the most we can do is 50 days total from today, right? Mr. Greco: Correct. Commissioner Diaz de la Portilla: Okay. The -- so we can come back Thursday and say -- and decide that we're going to have the special election. We don't have to do it today. Absolutely. (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: We could come back Thursday -- in fact, we can come back the next Commission meeting if we wanted to, not this Thursday, the one two weeks from now, as long as we 're in that period and call for the special election. We don 't have to call for the special election today. That was the interpretation that Vicky Mendez, our City Attorney, gave me yesterday. Theoretically -- Mr. Greco: And the reason -- Commissioner Diaz de la Portilla: Yeah. Mr. Greco: What was the interpre -- I don 't want to, you know, give a derent opinion. Commissioner Diaz de la Portilla: Well, what she told me was that we could come back on Thursday and call for the special election on Thursday. We don't have to call for the special election today. Mr. Greco: If you do that -- I think -- Commissioner Diaz de la Portilla: The appointment ends today. The possibility of an appointment ends today. Mr. Greco: Correct. Commissioner Diaz de la Portilla: The calling of a special election, according to the City Charter, Section 12, does not have to be today. It could be on Thursday. Mr. Greco: The problem -- Commissioner Diaz de la Portilla: Yes. Mr. Greco: -- with that -- Chair King: Just -- can you just answer -- just yes or no. Commissioner Diaz de la Portilla: Yes. Chair King: Just answer him. If that is not a correct interpretation, just say that. George, can you come up and give him some assistance as well? Right now, at the expiration of 5 o'clock, an appointment is no longer a viable option. Commissioner Diaz de la Portilla: But not the calling of a special election. Chair King: So, when do we have to indicate that we're calling for a special election? Is it an automatic, or do we have to do something as a body? City of Miami Page 85 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 George Wysong (Assistant City Attorney, Supervisor): I stand by my colleague in that the Charter says, within 10 days of the vacancy, you shall appoint. So, your first window is 10 days from the date of the vacancy. That expires in an hour. Thereafter, you have the second responsibility to call for a special election. It says you have to call for a special election, which means you have to pick a date for the special election, so there's no automatic. Commissioner Diaz de la Portilla: Right. Mr. Wysong: There 's a window of dates, so you have to -- when you call for the election, you have to pick a date for the election. Chair King: So, we can pick a date on Thursday? Mr. Wysong: Well -- Chair King: Or do we have to pick a date today? Mr. Wysong: The most conservative approach -- we 've looked at these numbers that we've, I believe, shared with you. The most -- Commissioner Diaz de la Portilla: No, that 's not what I'm asking. Mr. Wysong: -- conservative approach -- Chair King: Hold on. Mr. Wysong: -- would be to pick the day today because of the way the Charter is written. And the Charter is written like a confusing math problem, but if you count the 30 -- the Charter says -- let me just read the confusing math problem. Commissioner Diaz de la Portilla: 38 to 45 days, 5-day qualfing period. Mr. Wysong: Including the 5-day qualying period. Chair King: So, we have 45 -- Commissioner Diaz de la Portilla: Not include -- Mr. Wysong: But then the next sentence says -- Chair King: -- 45 days maximum is what you're saying? We have 45 days maximum to hold a special election -- Mr. Wysong: Right. Chair King: -- on the -- Mr. Wysong: But then -- Commissioner Diaz de la Portilla: No, that 's not correct. Mr. Wysong: Well, the next sentence says that the qualifying period must occur 38 days prior to the day of the election. So, really, when you look at your map, or the timeframe, today, the 8th, is the loth day. Then you have the 5-day qual Jing period, which has to be -- as Todd indicated -- on a day not a holiday or a weekend, so the 9th through the City of Miami Page 86 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 13th of January would be your qualing period. And then you count the 38 days, which puts you on -- Commissioner Diaz de la Portilla: 38 to 45 days. Mr. Wysong: Right, which is the -- Commissioner Diaz de la Portilla: Not 38 days. Mr. Wysong: Right, which is the window of the 20th of February to the 27th of February. Chair King: The 27th being the 45th day. Mr. Wysong: The 45th day from the date of the 10 days and the 5-day qualifying period. Commissioner Diaz de la Portilla: No, the 27th is 50 days, right? Mr. Wysong: No. Commissioner Diaz de la Portilla: So, that's 5 and 45. Mr. Wysong: So, we're counting from -- Commissioner Diaz de la Portilla: You're counting 38. Mr. Wysong: Well, the 38th day is the 20th of February. Commissioner Diaz de la Portilla: But it's not 38 days; it's 38 to 45. Mr. Wysong: But it's 38 days from the 10-day appointment period plus the 5-day qualification period. The 38th day starts on Saturday, the 14th of January. You count 38 days; you end up on the 20th of Februaiy is your 38th day. Commissioner Diaz de la Portilla: Why are you counting 38 days and not 45 days? Mr. Wysong: Because the window is the election shall either on the -- between the 38th and the 45th. Commissioner Diaz de la Portilla: Right. Mr. Wysong: The 38th is the soonest you can have the election. Commissioner Diaz de la Portilla: I'm not saying the soonest; I'm saying the latest. Mr. Wysong: The 40 -- the latest is the 45th, which is the 27th of February. Commissioner Diaz de la Portilla: Right, and we could call it on Thursday if we want to. Mr. Wysong: Well, if you call it on a Thursday and you do all the math, that puts you on the 28th, technically. Commissioner Diaz de la Portilla: No, because you 're -- Mr. Wysong: We're one day shy. City of Miami Page 87 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Commissioner Diaz de la Portilla: From today, from today -- Mr. Wysong: If you call it on -- Commissioner Diaz de la Portilla: But hold on, George. From today, the clock starts ticking. Mr. Wysong: Right. Commissioner Diaz de la Portilla: It doesn't matter if we call the election -- Chair King: No, the clock -- Mr. Wysong: There is no clock as far as -- oh. Commissioner Diaz de la Portilla: Well, yeah, there's a 45-day and a 5-day clock. Chair King: Did the clock start ticking from day one -- Commissioner Diaz de la Portilla: From today. Chair King: -- for within 10 days? Because what he 's trying to say -- Commissioner Diaz de la Portilla: Of course. Chair King: -- is that our 45-day -- Commissioner Diaz de la Portilla: Starts today. Chair King: -- starts today. Commissioner Diaz de la Portilla: Right. Chair King: And what you're trying to say is, no, it started from the first day that puts us within this 10 days. Commissioner Diaz de la Portilla: No, what he's saying is -- what I'm saying is not that. What I'm saying, Madam Chair, is that it is 45 days, plus 5 days for qualifying. Mr. Wysong: Yeah. Commissioner Diaz de la Portilla: But it doesn't matter if we call it 38 days before, 36 days before, 32 days before. It doesn't matter if we call it on Thursday or call it today, right, because the clock's already ticking. It just has to be done within that period, not the call; the period is the period, according to the Charter. So, if the call comes on the 12th and not on the 8th, who cares? Those days go away anyway, right? Mr. Wysong: Well, so -- ifyou -- Commissioner Diaz de la Portilla: This was the interpretation given to me -- and I think you should call your boss -- yesterday by your City Attorney, that it doesn't matter when we call it as long as we stay within that 50-day period, those 45 max -- the 38 to 45 plus 5, so it doesn 't matter if we call it Thursday. And I think that's something that gives us all time to think a little bit, and what's wrong with doing it on Thursday? What's the big deal? City of Miami Page 88 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Commissioner Reyes: Madam Chair, now I'm getting a little bit confused. Maybe it's my age, but I'm getting a little bit confused. Before he says that, I'm going to say it. The more that we -- with the longer time that we take for calling a special election, the less time that the candidates will have, right? Mr. Wysong: Correct. Commissioner Reyes: That means that if we call it today, within five days of today, they have -- it is the qualifying period, right? But altogether, it's going to be 45 days, but if we call it on Thursday, then we have -- that 45 day is reduced by 41 days, that is less time for campaigning and for people learning about their candidates, which I think is unfair. Commissioner Diaz de la Portilla: Madam Chair. Chair King: Hold on, hold on. Commissioner Reyes: That is my -- Chair King: Hold on. Commissioner Reyes: That is my interpretation. Chair King: Okay. Commissioner Reyes: I might be wrong, but -- Chair King: Mr. City Attorney. Commissioner Reyes: -- if we have 45 days since start the procedure -- Commissioner Diaz de la Portilla: Madam Chair, Madam Chair. Chair King: Hold on, hold on. Commissioner Reyes: -- that -- Chair King: Hold on, hold on. Mr. City Attorney, because I can read my colleagues, I know I don't have the votes to call a special election today. Can we do it on Thursday? Mr. Greco: The City Attorney will be here in five minutes. Can we take a recess? I do not want to conflict with her opinion. If she gave an opinion to you -- Commissioner Diaz de la Portilla: Her opinion was that we can. Mr. Greco: I'm sorry? Commissioner Diaz de la Portilla: Her opinion is and was yesterday that we can. Chair King: She'll be here in five minutes? Commissioner Diaz de la Portilla: We'll wait -- Mr. Greco: Less than that now. Commissioner Diaz de la Portilla: -- five minutes. We'll wait five minutes. City of Miami Page 89 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Chair King: We'll wait. Mr. Greco: I do not -- she is the City Attorney. Commissioner Reyes: She is here. Mr. Greco: I do not want to conflict with her opinion. Commissioner Reyes: I saw her running; she is here. Mr. Greco: She 's running. Chair King: Okay. Commissioner Diaz de la Portilla: She 's there. We -- she made it. Mr. Greco: Okay, thank you. Commissioner Diaz de la Portilla: Good morning. Hi, Madam Attorney. Victoria Mendez (City Attorney): Hi, good afternoon. Commissioner Diaz de la Portilla: Good afternoon. I was -- before you got here, I was Ms. Mendez: I saw. Commissioner Diaz de la Portilla: You saw? And I was repeating what you and I talked about yesterday. Ms. Mendez: Yes, so, in a perfect world, as my colleague said, you would call the election today. However, based -- if we work backwards, you could do it on Thursday. I would not do it later than Thursday because we have a meeting on Thursday, so that's why I said you could call it -- Commissioner Diaz de la Portilla: Okay, so we -- Ms. Mendez: -- on Thursday. Commissioner Diaz de la Portilla: -- could do it on Thursday. Ms. Mendez: But -- Commissioner Diaz de la Portilla: So, we (UNINTELLIGIBLE) -- thank you. Ms. Mendez: But in a perfect world, we would call it today to work back from all the numbers. Commissioner Diaz de la Portilla: It's too bad we don't live in a perfect world, huh? Yeah. Ms. Mendez: I understand. Commissioner Diaz de la Portilla: So, yeah, we can do it on Thursday legally. Ms. Mendez: Yes, but -- City of Miami Page 90 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Commissioner Diaz de la Portilla: Yeah, okay, thanks. Ms. Mendez: -- again, we have to work back the numbers. So -- Commissioner Diaz de la Portilla: Yes. Ms. Mendez: -- probably Todd is already going to be working through for an expected call on Thursday. Chair King: Do I have a motion to -- Commissioner Diaz de la Portilla: I move that we adjourn. Chair King: Do I have a second? All in favor? Commissioner Diaz de la Portilla: Aye. Vice Chair Carollo: No. Chair King: Aye. Commissioner Reyes: Aye. Commissioner Diaz de la Portilla: Okay, we 're adjourned. Mr. Hannon: Motion passes, 3-1. Vice Chair Carollo: No. Chair King: For discussion. We're supposed to have for discussion. Okay, wait, for discussion. We have to be fair. Commissioner. Vice Chair Carollo: Madam Chair, if this is going to go to an election, then even though I've stated yesterday, I've stated today all the reasons why I think it's wrong, but we live in a democracy that we supposedly all have to follow certain rules, even though there are some that think they could do whatever they please -- I'm not one of those -- I think we have to try to follow the Charter. Even though there might be some wiggle room, we 're still going to be, on Thursday, in the same situation we are today of a special election. So, if that's the case, then I'd rather just call for the special election today Commissioner Reyes: Yes. Vice Chair Carollo: -- and not wait until Thursday. And I see people waving hands and so on, but frankly, the majority of you -- and I'm glad you're here -- but I've never seen you here before. I don't know if you're voters in District 2, even if you're voters anywhere in Miami. It doesn't mean anything to me, and I'm sorry, but I just have to be frank. The bottom line is that if we were to be able to consider an appointment on Thursday, that's a different story. But if all that we're doing is prolonging calling a special election until Thursday, or worse yet, the possibility that we throw it into the court's hands, I can't go that route. I'd rather give anyone that's going to run the outmost opportunity to be able to campaign and raise dollars. And at the same time, if we call the special election today, that means that Friday would be the fifth day of qualifying, and then I would -- am I correct in that? If we call the special election today, Friday would end the fifth day of qualfing. Ms. Mendez: The best situation would be to call it today -- City of Miami Page 91 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 NA.1 13246 City Commission Commissioner Reyes: Today, yeah. Ms. Mendez: -- so that you have everything in the books -- Vice Chair Carollo: Yeah, but what -- Ms. Mendez: -- appropriately and nobody can -- Vice Chair Carollo: -- I'm asking is if we call it today, then we have Monday, Tuesday, Wednesday, Thursday, and Friday as the qualting dates. Ms. Mendez: Yes, yes. Commissioner Reyes: Yes, that's what it is. Vice Chair Carollo: Okay. Commissioner Reyes: That's right. NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION SCHEDULING A SPECIAL ELECTION TO FILL THE OFFICE OF COMMISSIONER DISTRICT NO. 2; SETTING FEBRUARY 27, 2023, AS THE DATE OF SUCH ELECTION, AND ESTABLISHING JANUARY 9, 2023, AT 8:00 A.M. THROUGH JANUARY 13, 2023, AT 6:00 P.M. AS THE TIME TO QUALIFY THEREFORE; DESCRIBING PERSONS QUALIFIED TO VOTE IN SAID ELECTION; DESCRIBING THE REGISTRATION BOOKS AND RECORDS TO BE USED FOR THE ELECTION; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; DIRECTING THE CITY CLERK TO GIVE NOTICE OF THIS RESOLUTION'S ADOPTION AND TRANSMIT A CERTIFIED COPY TO THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS ENACTMENT NUMBER: R-23-0001 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Vice Chair Carollo: And then I would call for the election to be held on February 27th, Monday -- Commissioner Reyes: I second. Vice Chair Carollo: -- so that people could at least have 45 full days of campaigning time. City of Miami Page 92 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Victoria Mendez (City Attorney): Yes. Commissioner Reyes: Is that a motion, Commissioner? Vice Chair Carollo: This is for discussion, and I will be making a motion -- Commissioner Reyes: I will second it -- Vice Chair Carollo: -- towards it. Commissioner Reyes: -- or I'll make the motion, whatever, yes. I -- if it's a motion, I will second it, or is that --7 Vice Chair Carollo: Well, let's make it as a motion for the purpose of discussion. Commissioner Reyes: Okay. Vice Chair Carollo: There's a second. Commissioner Reyes: Yeah, I'll second. Chair King: Motion and a second. Commissioner Diaz de la Portilla: The final question -- I'm willing to go along, if that's the issue, if that's the conclusion, the best option that you see, and if Commissioner Carollo thinks that's the best way to go, I will go with you. Vice Chair Carollo: Well -- Commissioner Diaz de la Portilla: I just want to make sure that we're not opening ourselves -- Commissioner Reyes: There 's no other thing to -- Vice Chair Carollo: If -- Commissioner Diaz de la Portilla: Hold on a second. Vice Chair Carollo: -- if it was a situation -- Commissioner Diaz de la Portilla: I have the floor. Vice Chair Carollo: -- that we -- Commissioner Diaz de la Portilla: I want to make sure -- Vice Chair Carollo: -- still had until Thursday -- Commissioner Diaz de la Portilla: I -- Vice Chair Carollo: -- to be able to consider appointing someone, then I would not be making this motion. Commissioner Diaz de la Portilla: Right. Vice Chair Carollo: But if all that we 're doing is prolonging this longer, I don't think it's the right way to go. City of Miami Page 93 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: And I would -- Commissioner Reyes: You 're absolutely right. Commissioner Diaz de la Portilla: -- agree with that. I want to make sure that legally we're not putting ourselves in a bad place. That's my concern. Commissioner Reyes: No, we 're not. Ms. Mendez: Legally, the best way would be -- Commissioner Reyes: Is this. Ms. Mendez: -- would be to call it today. Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: Okay, because that's -- Ms. Mendez: After you've decided that it's time to call an election, today would be the best. Commissioner Diaz de la Portilla: Okay, because the interpretation you gave me yesterday was that we had the option, if we didn't appoint by today, that we had the option of waiting until Thursday. Ms. Mendez: So, remember that -- Commissioner Diaz de la Portilla: That in between, that in between -- Commissioner Reyes: But we won't be able to appoint. Ms. Mendez: Right, so it's a gray area. Commissioner Reyes: We won't be able to appoint. Commissioner Diaz de la Portilla: Right. Ms. Mendez: It's -- but you can't appoint past 5 o'clock today. Commissioner Diaz de la Portilla: And we can 't appoint past today, I know that. Commissioner Reyes: Past 5. Ms. Mendez: Right, but the gray area between the 45 days, the 38 days, the working backwards, that arguably you could do it on Thursday if you needed a little time to think it through, the problem is because this is -- this is first impression. This is the first time this happens in a long time -- I mean, ever, I think. Commissioner Diaz de la Portilla: Okay. Ms. Mendez: So, that is why we would be in the best legal position to call for an election today so that we have all of our timeframes that we 've worked with would work. City of Miami Page 94 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Commissioner Diaz de la Portilla: Right, and the qualfing period, as Commissioner Carollo said, would -- Ms. Mendez: Starts this week, Monday. Commissioner Reyes: Monday. Commissioner Diaz de la Portilla: Is that the way -- Ms. Mendez: Tomorrow. Commissioner Diaz de la Portilla: -- it is? Commissioner Reyes: Tomorrow. Commissioner Diaz de la Portilla: Or do you set the qualing period? It starts -- Todd B. Hannon (City Clerk): The qualiing -- Commissioner Diaz de la Portilla: -- tomorrow. Commissioner Reyes: Tomorrow. Mr. Hannon: -- period will start tomorrow, and it will -- Commissioner Reyes: Tomorrow. Mr. Hannon: -- end on Friday at 6p.m. Commissioner Diaz de la Portilla: So, from 9 a.m. tomorrow until 6 p.m. on Friday, okay, I could do that. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: I could support that now. Vice Chair Carollo: Okay, so -- Commissioner Diaz de la Portilla: Yeah. Vice Chair Carollo: -- to be specific, the motion is to have a special election -- Commissioner Reyes: On the 27th. Vice Chair Carollo: -- whereas the qualfing period will begin on Monday at 9 a.m., and it will -- Mr. Hannon: 8 a.m., sir. Vice Chair Carollo: -- at 8 a.m., and it would end on Friday -- Commissioner Diaz de la Portilla: At 6 p.m. Commissioner Reyes: 6 p.m. Vice Chair Carollo: -- at 6 p.m., and for the election to be held -- City of Miami Page 95 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 Commissioner Reyes: On the 27th. Vice Chair Carollo: -- on Monday, February 27th. Commissioner Reyes: Fantastic. Commissioner Diaz de la Portilla: And just to make sure -- Commissioner Reyes: And I second that. Commissioner Diaz de la Portilla: -- to make sure, that's the -- Todd, that's the last possible day the election can be held? Mr. Hannon: Yes, sir. Chair King: That's the 45th day. Vice Chair Carollo: That's why I chose that date. Commissioner Diaz de la Portilla: That's after the 5 days and the 20 -- and the 45 days and everything else. Mr. Hannon: Yes. Vice Chair Carollo: That's why -- Commissioner Diaz de la Portilla: The last possible day. Mr. Hannon: Yes, sir. Commissioner Diaz de la Portilla: Okay, so people have as much -- Vice Chair Carollo: That's why I chose that day. Commissioner Diaz de la Portilla: -- time to campaign as possible. Vice Chair Carollo: Yeah. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: Okay. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: All opposed? Motion carries. Commissioner Reyes: (UNINTELLIGIBLE). Ms. Mendez: Thank you. Mr. Hannon: Now, Commissioners, on Thursday, I'll need to regroup with you. I would like to see -- well, I'll talk with you individually before Thursday's meeting. Chair King: The meeting is now ended, adjourned. City of Miami Page 96 Printed on 03/7/2023 City Commission Meeting Minutes January 7, 2023 Recessed and Reconvened January 8, 2023 ADJOURNMENT Commissioner Reyes: Adjourned. Thank you very much. Commissioner Diaz de la Portilla: Did the Dolphins --? Mr. Hannon: Oh, and just for the record, sorry -- Commissioner Diaz de la Portilla: Did the Dolphins win? Does anybody know? Commissioner Reyes: Thanks, everybody, for being here. Mr. Hannon: Briefly, just for the record, the special election is called pursuant to Resolution R-23-0001. Commissioner Reyes: Thank you for being here. END OF SPECIAL MEETING The meeting adjourned at 4:18 p.m. City of Miami Page 97 Printed on 03/7/2023