HomeMy WebLinkAboutCC 2020-03-25 MinutesCity of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Meeting Minutes
Wednesday, March 25, 2020
8:00 PM
Special Meeting
City Hall
City Commission
Francis X. Suarez, Mayor
Keon Hardemon, Chair, District Five
Ken Russell, Vice Chair, District Two
Alex Diaz de la Portilla, Commissioner, District One
Joe Carollo, Commissioner, District Three
Manolo Reyes, Commissioner, District Four
Arthur Noriega, V, City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
City Commission
Meeting Minutes March 25, 2020
8:00 PM CALL TO ORDER
Present: Chair Hardemon, Vice Chair Russell, Commissioner Diaz de la Portilla,
Commissioner Carollo, and Commissioner Reyes.
On the 25th day of March 2020, the City Commission of the City of Miami, Florida,
conducted and broadcasted a virtual meeting from its regular meeting place in City Hall,
3500 Pan American Drive, Miami, Florida, in special session. The Commission Meeting
was called to order by Chair Hardemon at 8:22 p.m., recessed at 11:59 p.m., reconvened at
12:00 a.m., and adjourned at 1:07 a.m., on Thursday, March 26, 2020.
ALSO PRESENT:
Arthur Noriega, V, City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
ORDER OF THE DAY
Chair Hardemon: Pursuant to Executive Order Number 209 from Governor Ron DeSantis on
March 2020, municipalities may conduct meetings of their governing boards without having to
be present,, physically or at any specific (INAUDIBLE) and utilize communications media
technology such as (INAUDIBLE) as provided by Section 120.545(b)(2) of the Florida
Statutes. Procedures for the public comment will be explained by the City Attorney shortly.
Members of the City (INAUDIBLE) appearing remotely for this meeting are Alex Diaz de la
Portilla, Joe Carollo, Manolo Reyes, Ken Russell, the Vice Chair, and me, Keon Hardemon,
the Chair. Before we -- I won't make everyone stand up or anything for the prayer and the
pledge of allegiance, but I would just like to say that this is an unusual time that we have
within the City of Miami and the state of Florida, in these United States, and it takes
unconventional methods of getting things done. And so, I want all the commissioners to know
that this may be a time where we're going to have robust conversation, but we know that this is
all for the people that we serve in our community. So, I look forward to the discussion that
we're going to have, and I know that we're going to come up with something that makes sense
for all the people that live within our communities. And so, Madam City Attorney, this is the
opening of our Special Miami City Commission Meeting, March 25, 2015 -- I'm sorry, March
25th, 2020, and I ask that you read the procedures to be followed for this meeting.
Victoria Mendez (City Attorney): Thank you, Chairman. 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
related City requirements for lobbyists before appearing before the City Commission. A person
may not lobby a City official, board member, or staff until registering. A copy of the code
section about lobbyists is available at the City Clerk's Office or online at www.municode.com.
Any person making a presentation, formal request, or petition to the City Commission
concerning real property must make the disclosures required by the City Code in writing. A
copy of this code section is available at the Office of the City Clerk or online at
www.municode.com. The material for each item on the agenda today is available at the City
Clerk's Office and online 24 hours a day at www.miamigov.com. Any person may be heard by
the City Commission through the Chair upon registering pursuant to the published notice for
not more than two minutes on any proposition before the City Commission unless modified by
the Chair. Since this is a virtual meeting as authorized by the Governor of the State of Florida
members of the public wishing to address the body may do so by visiting
miamigov.com/virtualmeeting to upload their video comments and submit their written
comments via online form. Members of the public may also call 305-250-5353 to provide
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comments via the dedicated City of Miami public comment voicemail. All comments submitted
will he included as part of the public record through this virtual meeting and will be
considered by the City Commission prior to any action taken. The City will accommodate any
speakers desiring to appear in person subject to all applicable emergency measures in place to
prevent further spread of COVID-19. Speakers who appear in person will be subject to
screening for symptoms. Persons exhibiting any symptoms will not be permitted to enter and
will be able to participate online. All interested parties are required to abide by all state,
county, local emergency orders and are urged to remain at home and practice social
distancing. If the proposition is being continued or rescheduled, the opportunity to be heard
niay 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 his or her name, his
or her address, and what item will be spoken about. Anyone wishing to appeal any decision
made by the City Commission will need a verbatim record of the item. The video of this
meeting may be requested at the Office of Communications or viewed online at
www.miamigov.com. And I also wanted to add since this is our first virtual special meeting, I
wanted to put some other things on the record with regarding to access to this meeting.
Because even though the Governor suspended the quorum requirements, and thank you,
Commissioner Diaz de la Portilla, for assisting with that, the access to government is still very
much in place. So, we wanted to make sure we advised you of all the efforts the City has made
to make sure that there's public participation. Zoom is the cloud platform for the video and
audio conferencing, collaboration, chat, and webinars across mobile devices and that's what
we're using for the public to have the ability to view the meeting. The City Communications
Department will broadcast the meeting through all usual channels and avenues that are
provided when the City Commission meeting is held in chambers at City Hall, which is still
being there. Our Clerk is there, Todd Hannon. The meeting can be viewed live on Miami TV,
through the City's Facebookpage, on the City's Periscope channel, and Comcast Channel 77,
City of Miami. The broadcast will be closed captioned. Additionally, the City has not selected a
virtual platform that requires the public purchase or download any software. Aside from Zoom,
the platform and the participants will be appearing remotely, and the public will have no
discernible difference in their ability to watch the meeting. Public comment. The City has
developed several new methods for ensuring public comment for virtual meeting, it has
established three new options. The first option allows the public to provide public comments
via the dedicated City Commission comments voicemail by calling 305-250-5353 where the
individuals will be able to leave two minutes voice messages that will be played during the
virtual Commission meeting. The second new option allows for the public to submit two minute
videos to be played during the virtual Commission meeting. And the third new option allows
the public to comment via the City's online comment form. The comments submitted through
the comment form will be distributed to elected officials and City Administration throughout
the day, and the elected officials can consider the comments prior to take any action.
Additionally, the online comment form will remain open during the meeting to accept
comments and distribute to the elected officials up until the Chairman closes the public
comment. And all of this will be made a part of the record. Additionally, like any other
Commission meeting, the public may comment at City Hall, and we will be making sure that
this complies with all COVID guidelines that we have up until now. The four public comment
options established and provided for the virtual meeting comply with Section 286.0114. and
286.0114 reads in part that the public will have an opportunity to comment. It also complies
with Chapter 120. Commissioners, are you comfortable with this -- with all of this that I've
read with regarding to public access?
The Commission (Collectively): Yes.
Ms. Mendez: Okay. Thank you so much.
Commissioner Carollo: IfI could ask a question, Madam City Attorney?
Ms. Mendez: Yes.
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Commissioner Carollo: Since we don't know where a lot of these questions are going to be
coming from, or people, I've been some that have sent questions and have made statements
from as far away as New York and California. Can we at least, if we're going to find ourselves
that we're going to be waiting for hours because people outside of Miami are wanting to speak
up for two minutes, are we allowed to limit how many of the same questions, or the same point
of views are being given on a subject and we could just pick one or two out of each particular
subject and then say on the record how many more there were? Otherwise we could be here 23
hours if you get people from all other the world that want to make statements to us.
Ms. Mendez: Commissioner, in light of the fact that our -- everything is moderated, the same
way that the Clerk and the Chairman in the past have been able to control that you only speak
once for two minutes, that is the same -- the same process that we'll be using.
Commissioner Carollo: But that's not what I'm talking about. What I'm talking about is --
Ms. Mendez: Speaking once.
Commissioner Carollo: -- we can have anybody, basically, from any part of the world come in
and have --
Commissioner Reyes: Absolutely.
Commissioner Carollo: -- the ability to speak for two minutes. We want to be able to make sure
that we can finish our business. And 1 don't want to find us in a situation, ever, that we have
10, 12 hours, 15 hours of people that want to comment, and maybe the majority are not even
from Miami -Dade County, let alone the City of Miami.
Chair Hardemon: So, Commissioner, if you would allow me to respond. The first thing is that
right now our agenda is full of discussion items. So that's first. Discussion items, they don't
require public comment. And second, if you look at Section 286.0114 of the public meetings
reasonable opportunity to be heard. Requirements in Subsection 2, which talks about the
reasonable opportunity to be heard, does not apply to an official act that must be taken to deal
with an emergency situation affecting the public health, welfare, or safety, if the compliance
with the requirements will cause a reasonable delay in the ability of the Board or Commission
to act. So if it is deemed that, of course 20 hours in order for us to be on this call is
unreasonable, and because this is an emergency action that we're doing, I wouldn't think that
limiting public comment in this if we had something that was actionable would be problem. We
know that we're dealing with some unusual circumstances right now, so the Manager is able to
make a lot decisions through his power and we can certainly direct him to do as we please.
And so we don't necessarily have to have public comment in this meeting.
Vice Chair Russell: Mr. Chairman? Ken Russell. I believe from a procedural perspective we
should be careful, because all of our public comment is recorded at this point. So, no one will
be able to interject or continent once we get into the meeting if we decide not to take public
comment at this time. We don't know what actions we may, or may not take as we take on the
discussion items. Those discussion items may evolve into actions. So, it would be my
recommendation that we just play the -- what I understand to be about twenty minutes of public
comment in both video and audio.
Commissioner Reyes: Mr. Chair? Since -- since what we have are only public comments [sic]
can we limit any -- I mean any discussions that -- from the public, that they have to be
addressing in the discussion items that we have in our agenda? It has to be -- the only public
comments have to deal directly with what we are discussing, not with all the questions that are
on other items. I mean it is my opinion that we should limit it to those discussion items that we
have.
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Ms. Mendez: We won't -- we won't need to limit anything right now. If we take -- if the
Commission takes any action, obviously we do need the public comment portion. If the
Commission does not take any action then there is no need to accept public comment. And
also, the Chairman has pointed out, pursuant to 286.0114, when they are emergency in nature,
we can limit to not enter into a situation like the Commissioner of the third district has brought
up. So right now I believe we only have twenty-two minutes of public comment and anyone else
who may call in while we're doing the meeting. So, the Chairman will definitely have the
opportunity to limit any of that comment if it gets too egregious or if we are -- if you do not
take any action.
Chair Hardemon: Okay. So, the question for the body then, because this is -- right now, the
agenda does not call for public comment because it's (INAUDIBLE) we can move into our
discussion if you like so we can have all the discussion that we need to have, and then if you
choose, we can move into public comment or vice versa. But right now the way the agenda is
set, there's not a necessity for public comment.
Commissioner Diaz de la Portilla: Mr. Chairman?
Chair Hardemon: Yes.
Commissioner Diaz de la Portilla: Alex Diaz de la Portilla. In an abundance of caution, we
have about 24 minutes of pre -taped public commentary -- public comment, can we go ahead
and hear it at least, and we can get that out of the way in case we do take action on some
items? At least we're covered in that sense. According to our City Attorney if we're going to
take action, we should allow for all public comment. We already have 24 minutes, why not
simply hear it and get that out of the way? As we normally do in most of our normal
Commission meetings.
Chair Hardemon: That's perfectly fine. We can do that as well. So at this time I'd like to open
the floor for public comment. So I know we have some pre-recorded public comments. I'll ask
that our department for information technology play those public comments for people to hear.
PUBLIC COMMENT PERIOD FOR SPECIAL ITEM(S)
Maria Isabelle Rodriguez: My name is Maria Isabelle (phonetic) Rodriguez, my address is
2731 Southwest (INAUDIBLE) Street, Miami, Florida 33135. And my concern, it is that why
the Mayor in Miami didn't put any restriction in the way that everybody is not supposed to go
outside of the house? Because if any of the business just keeping open because they think that
they are important and they are not, what happen is then the people will be continuing walking
around, driving around, and then the disease it will be getting increased. So, please, do
something about it. It's better that I keep it at home two weeks than I'm being -- getting
everybody sick. This is my concern. Thank you.
Juan Pineda: (FOREIGN LANGUAGE).
Unidentified Speaker: Yes, hi. So if our President, Donald Trump, opens the country like he's
saying by Easter, that would get rid of all the little regulations and curfews, right?
Juan Pablo Ortega: Hi, my phone number is 754-234-5616. My name is Juan Pablo Ortega,
and my address is 173 Northeast 106th Street, Miami Shores, Florida, 33138. I'm calling
because we need to put in place a supermarket and food grocery mandatory laws. So I think
people should wear gloves mandatory in supermarkets. And anything else that is essential that
people are doing. The City of Miami should require people to wear gloves and mask. And also,
there should be a special trash bag outside each supermarket where people can dispose these
gloves and mask. I know there is a shortage of masks, but I'm sure there is a lot of gloves still
around. And I think it's a good investment to require people to not only cover their faces when
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they're going out shopping but also wear gloves. This is going to make a huge difference in --
in the supermarket and the food. People are touching the food, people are coughing, you know,
so it's important. Thankyou much.
Rafael Apit: My name is Rafael Apit (phonetic). I work in 455 Northeast 24th Street, Miami,
Florida, 33137. Pin just wondering, I see a lot of comments about essential and non -essential
business. I work at a concierge company for a building, (UNINTELLIGIBLE) building. Are we
an essential or a non -essential business? Thankyou.
Sherman Rattner: Hello, my name is Sherman Rattner, I'm the President of the 1809 Brickell
Tenants Association. We are a 270 unit, senior affordable housing. We have about 400
residents who are seniors and many of them have existing chronic conditions. In other words,
we are at the highest risk of any group anywhere in the city or the country of contracting the
virus, of spreading the virus, of being hospitalized by the virus and dying from the virus. There
are key elements that we are asking that we need to have that aren't happening and are urgent
that we have. And it's not just about seniors in our building, its seniors in buildings like ours
all over the city, all over the county, all over the country. There is no security in our building.
There is no testing of people in the building. There is no -- let me qualify that, there is
inadequate nutritional support and emotional support, considering we are expected to be in
self-lockdown for perhaps months on end. Now why is this important? Unfortunately, as we all
know, the virus can be contagious, for 14 days before a person can show any symptoms. During
that time in our building the whole building could become affected if one person carries in the
infection. Why is it important that we have security? Because people come and go into this
building like there is Grand Central Station. We are like a nursing home without nurses. In
nursing homes throughout the state, it is in complete lockdown, even immediate family is not
allowed in. And yet in our place we have people coming and going, catching the contagion and
risking the spread to everybody. This has to stop.
Kathy Parks Suarez: Good evening. My name is Kathy Parks Suarez, 4035 Battersea Road. I
want to speak in general on the C-O-V-I-D, the Corona Virus. I would like to know why we
haven't heard directly from our first responders, the people that are right there on the
frontlines, and what it is to be dealing with this and not having the proper equipment, like the
masks. Our Fire Rescue guys are wearing, the ladies and gentlemen are wearing masks for 24
hours. That's on the face 24 hours, that's not a 24 hour shift. It's like logging miles for a job.
Come on, we've got to look out for these people. Whatever it takes, we've got to get them the
equipment they need. This is still putting all of them at risk. Thank you and I think it's really
important to hear from the doctors, the nurses, the fire people, the police department, the
people that are actually in the streets doing this. Why aren't we hearing from them? I don't
want to hear from a hospital executive what it's like for their people. I don't want to hear the
politicians. I want to hear -- and I like -- love Chief Colina, I like the Chief of Fire, but we need
to hear from the people that are doing it and what it's really like. Thank you.
Diana Diaz: Hi, this is Diana Diaz. What I want to say is why don't you stop all the non-
essential construction while we're at hone and trying to deal with the situation and the
classrooms at home, and stop with the hammering and the roach coaches, and the blowers,
and all the <expletive>, all the high rise construction and home construction? Especially in
the City of Miami and Coconut Grove. And we can have some peace and quiet while we deal
with our anxiety level. But who knows what you guys, you know, who you're in cahoots with
with the construction big guys. So consider us small guys down here trying to keep sane
without all this jackhannering around. Merrick Park, through the Grove, Gifford Lane. Bye-
bye.
Franky Faze: Good horning, my name is Franky Faze, I live in District 3, Little Havana. And
the reason I'm calling is because of the shelter in place order. I believe this order should be not
only targeted towards the residents of the city of Miami, but the homeless people in the city of
Miami are people who can catch the virus. They are sleeping on the street. They are vulnerable
to catching this virus. And they're also potential transmitters of the virus. I believe the City of
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Miami Police should pick up these individuals and take them to the proper shelters to be able
to contain this virus to a minimum. Thank you very much and have a nice day.
Unidentified Speaker: (FOREIGN LANGUAGE).
Denise Pujol: Hi, my issue is about the Corona Virus question. My name is Denise Pujol, my
address is 6810 Southwest 4th Street, Miami, Florida, 33144. So my issue that I'rn talking
about is 65 years or older or people that have the symptoms and have been exposed to
somebody that has the Corona Virus. My brother and I have the symptoms. We have fatigue,
shortness of breath, cough, fever at times, everything. I'm a teacher, my brother works in
Ocean Reef where people travel a lot. My students travel a lot. And maybe 1 was exposed to it,
the symptoms don't show up Jrotwo weeks, and I think it's ridiculous that if we have the
symptoms we cannot get tested. We don't know for sure if we were with somebody, because
obviously we're not friends with those people and we don't know them personally so we would
not know. But if we have the symptoms, we will never know because this testing is only
available for people that have been exposed to somebody, which is ridiculous, because if
you're exposed to somebody then you have it. Why are you testing them? And the statistics are
inaccurate because you're not testing everyone, you're only testing a certain demographic. So
your statistics are based specifically on that demographic. Please, I would like for this
question to be addressed. Thank you.
Ronald Marquez: Hello, my name is Ronald Marquez, my address is 940 Northwest 44th
Avenue, Miami, Florida, 33126. I'm just calling to find out some information to see if what --
what are the precautionary measures that we need to take. Because my wife is working in a
warehouse where she is working with tenting, and we need to find out if it's an essential
business that she has to mandatory go to work. If not, so that way we can follow the new
COVID-19 procedures. Thank you very much. My phone number is 786-474-8201. Thank you
very much.
Janie Jackson: Good morning, Commissioner Hardemon. I hope all is well with you and your
family. Please stay safe, please. Love you. My name is Janie Jackson, phone number 786-493-
9668, address 1161 Northwest 50th Street. I'm just calling this morning to let you guys know
that I'm a senior, single mother, I have five sons, very stressful for me, and like a lot of others,
just want to wish you and your crew well. Please say safe. I'm just concerned about how do I
get the kids and myself food. And I just hope in all this thing, all this Corona Virus ends real
soon. Love you and family, Commissioner, be safe, God bless you and your crew. Thank you.
Unidentified Speaker: Hi there. I am speaking on behalf of all the people that work in the body
shop, automotive collision repair industry. Nobody seems to have spoken of this. All of our
respirators are unfortunately out of man's reach right now, everything is on back order. Yet
body men are still forced to sand down Bondo and breathe in the Bondo, you know, that goes
directly into their lungs. You guys can do the medical research on what Bondo could do to
your lungs. Aside from that, the paint fumes that we're having to deal with, we don't have paint
mask filters. Unfortunately they're just not available. Everything's on back order. Every single
body shop needs it and especially the small -- the smaller body shops, like the one that I work
for. We're a Mom and Pop shop. I'm not the owner, I'm an employee, but I do consider that
business to be my own. I'm concerned about the risk of my employees. I'm concerned about the
risk of all of the collision facilities. As I'm reading online, they have a large MSO
(Management Services Organizations) corporation, which I'm not going to name, has stated
that they have excessive amounts of masks and that they are giving them to their detailers
before they clean the vehicles. I mean is this really an essential need? Or would those tnasks
better be utilized if they were donated to local hospitals where they are needed most? Let's
look at this front a different angle. Your assistance in this matter would be greatly appreciated.
Stephanie Minaya: My name is Stephanie Minaya, my address is 500 Northwest 36th Street,
Miami, Florida, 33127. My concern I want to address to the Commission is due to rent and
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being out of a job. How will we pay our monthly hill if the Corona Virus is going to be shutting
down my businesses until May or mid -April?
Susan Singally: Susan Singally, 3000 Island Boulevard, Aventura, Florida. I would like to ask
the Governor why he would allow flights in from New York, which is the epic center [sic] of
this virus into our great state of Florida. You know that there are going to be people who have
been exposed to this virus and yet you're letting them in to our state. I'd like to know why.
Thank you.
Sofia Valverde: Sofia Valverde, 620 Southwest 27th Road. 1 am talking about essential services
JOY seniors. 1 consider pet services limited to dog walking and dog daycare essential Jro
seniors and families and people in general. We want people to stay inside. (INAUDIBLE)
walking their dogs. Seniors should not be in the streets walking their dogs. But it's a sanitary
situation. They cannot have their dogs, especially depending on their size, doing pee pee and
potty inside the apartment. They should be walked. But the seniors shouldn't be doing it. So I
think pet services that already have seniors as clients or that already have their daycare clients
should still be able to pick up the dogs and drop the dogs off And also go do their walks. They
have no contact with the person, they pick up the dogs at the door, they drop the dogs off at the
door. Mandatory that they use gloves and a face mask and always use antibacterial before and
after touching the leashes. This way the people stay home, the dogs get exercised. If they don't
get exercised they can have anxiety which can bring aggression and destructive behaviors.
This is also something that we do not want within the families with small toddlers and seniors.
So for the mental health of seniors, families, people, and dogs, 1 think that pet services limited
to walking and daycare should be essential services still provided, taking the necessary health
measures and precautions.
Clinton Houl: Hello, my name is Clinton Houl and I currently live at 3081 Center Street,
Miami, Florida, 33133. I'd like to comment today on Item Number 1, Shelter in Place, Part 4,
Recreational Activity, specifically Amendment Number 2, to Emergency Order 06-20. I fully
understand the extreme situation posed by COVID-19 to our city, state, and country. And the
need for the government to prevent events like those that occurred at the Haulover Inlet
sandbar this past weekend. However, the closure of all marinas in Miami -Dade is an
overreach of government authority. You punitively punished the entire boating community for
the actions of a few. In this time of crisis there are few activities left that fit within the social
distancing guidelines, and responsible boating is one of them. Launching and using my own
private vessel does not require me to come into contact with any people. Further, I currently
pay $800 per month in dockage. Given as I am no longer able to use my vessel will the City
compensate me for these costs? Will they suspend my dockage payments to the marina until the
end of this crisis? If you do not address the financial concerns at the least, I will be forced to
begin a lawsuit against the City to collect these costs and I'rn sure I will not be alone. Please
reopen the marinas immediately. Thank you.
Marshall Anderson: Hi, this is Marshall Anderson calling. I live in Downtown Miami. I'm
calling regarding this emergency shutdown, or shelter in place order that went into place
without adequate due process. Without allowing Miami residents to actually voice our
concerns. And moreover, it's almost like people are making decisions without adequate
information. And to what end? We're supposed to be in shelter in place indefinitely? There's no
date. Our parks are closed, our beaches are closed. There's no concern for mental health,
there's no concern for spiritual wellness. Like we are fighting against the wind. And there's an
emphasis -- an over -emphasis, on fear and anxiety and anxiousness without a sense of
empathizing a sense of community and awareness that we need to be working together to come
up with a solution. And that does not necessarily mean that we need to be on lockdown,
especially when there aren't enough cases to justift such extreme measures. So I'm calling
because I'm concerned about the lack of due process and the extent of these extreme measures
in restricting and stripping away our individual liberties when there are not vaccines, when
there are not anti-virals that work. And we cannot be on lockdown for nine months until our
governments come up with a solution while our economy is collapsing. This is a city where the
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majority of our economy is based upon tourism. Right now 60 to 80 percent of people, their
jobs are related to tourism and the tourist industry. So what are we to do in a month from now
when the vast majority of these residents do not have jobs, do not have food in their homes?
Are you still telling them to stay in their home? This makes no sense. This should have gone
before an entire committee and allow public access to comment beyond a 3:00 p.m. deadline
that was recently extended to 5: 00 p.m.
Unidentified Speaker: Hello City of Miami, members of the Commission, Mr. Mayor, the City
Attorney, and members of the public present at today's virtual Commission meeting. This is my
video comment. I commend everyone for the monumental efforts. I'm sure everyone is working
very hard and had many sleepless nights trying to address the concerns of our residents and
small business owners. I just wanted to submit at least one suggestion that was on my mind. I
know a lot of business owners are going to be struggling to make their rent payments in
addition to having to make some very difficult decisions about their employees and are facing a
lot of stress because of the obligations caning from the federal government. And it's a tough
time and everyone's doing their best. One thing that I know they've done in Seoul, in Korea, is
commercial tenants who -- landlords who extend a rent holiday to their commercial tenants
are -- are eligible for tax abatements and other incentives in order to ensure that small
business owners don't go through a raft of evictions. Of course right now that might be a
difficult process considering most of the courts are -- are at least mostly closed if not entirely
closed with the exception of criminal proceedings. But I think that a tax abatement or some
incentive to commercial landowners, property owners, to extend rent holidays to their tenants
is an idea worth considering and looking into how to implement. And perhaps our friends in
Korea may be able to offer some guidance on an efficient way to implement that as a program
in the City of Miami, or in Miami -Dade County, or perhaps in all of South Florida. I'm very
proud to see Miami leading on this issue in Florida. And, again, 1 commend all of you for your
efforts. Thank you.
Chair Hardemon: Okay, I believe that was the end of the public comment section, so we're
going to close the public comment section at this time.
[Later...]
Mr. Sarasti: I should also caution these haven't been pre-screened. So we'll keep a lookout for
that.
Commissioner Diaz de la Portilla: We can bleep them, right?
Sharon Frasier Stevens: -- Sharon Frasier Stevens, I live at 6324 Northeast 1st Place, Miami,
Florida, 33138. I live in the City district of Keon Hardemon, District 5. My question is how
come every time you guys have a staging areas foodbanks, there's nothing over at the Little
Haiti NET (Neighborhood Enhancement Team) Office which I live a block -and -a -half from? I
understand that since I moved over here four years ago I have hardly ever seen the police
officers ride around here to enforce the curfew. And also events to help the people in the Little
Haiti community, which I live, having events at the park, the Little Haiti NET Office. We need
to see more visibility of police officers and more community conversations at that park,
community meetings. Once again my name is Sharon Frasier Stevens, 6324 Northeast 1st
Place, 786-356-1574, luchie3@hotmail.com L-U-C-H-I-E-3@hotmail.com, and I'm waiting to
hear some response from the City Manager because I left several messages with the City
Manager's Office about the cleanliness of this community which I live in. Thank you so much.
Waiting to hear --
Alex Held: This is Alex Held. My address is 174 Northeast 55th Street. I am in Keon
Hardemon's District. My public comment has to do with the recent order for residents to stay
within their own residences and to only go outside. for groceries or necessary amenities. What I
would like to know is how the police will actually enforce this and whether or not --
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Vice Chair Russell: I've got no audio on my end. Anyone else?
Mr. Noriega: No, there is no audio on this one for some reason.
Ms. Mendez: Right, it -- you can go to the next one.
Mr. Noriega: Accidental dial. Next. Are those actual crickets?
Ms. Mendez: Sounds like it.
Mr. Sarasti: Apologies. Starting the next one.
Commissioner Reyes: What's going on? I hear like a cricket.
Unidentified Speaker: Yeah, a cricket.
Unknown Caller: -- finally be done with this because it's not -- it's never going to happen; it's
going to keep spreading. Thank you.
Claudia Sanchez: Hello, my name is Claudia Sanchez and I live in Miami, Florida, 33130. I'm
calling because this is a great opportunity that we have or that the government has to impact
and show the people that chose them they are worth it. I think that what we need right now for
many of the workers that either lost their jobs or are not able to work from home or got their
hours cut or even are risking the possibility to get infected, they need a package that provides
them with the financial security so most of the people that may not need to be outside have the
options to stay at home and therefore be able to better control what we're going through. It is
time for the government to show them, the people, again the ones that choose them, that they're
doing the right thing and not just focusing on big corporations. Thank you.
Unknown Caller: Hi, good afternoon. Hi, I'm leaving this message for the Mayor and also for
the Manager. I'm calling -- it's about the meeting tonight. I'm calling because you guys have
the -- your (UNINTELLIGIBLE) they are working. How about are you guys not afraid that
they're going to bring the virus at home to their family? And you guys want everybody to
quarantine, stay at home. Why can't -- I don't understand, can you guys do something about it?
Because they're also -- they want to be at home, they don't want to catch the virus. So I was
hoping somebody can think of these people because you guys are not -- they come -- they go to
work every day. So hopefully you guys will do something about it.
Unknown Caller: Yeah, we've been trying to get your Commission meeting online, but nothing
is coming up on the internet. It says coming up next Commission Meeting. Is it delayed or
what? 305-987-4633. I want to know why the Commission meeting is not on as advertised.
Thank you.
Mr. Sarasti: IT (Information Technology) is done with that closer.
Chair Hardemon: Okay. Is there any further discussion?
Ms. Mendez: And thank you for receiving all the emails and acknowledging them in the record.
Thank you.
Chair Hardemon: Seeing no further discussion, all in favor of the motion say aye.
The Commission (Collectively): Aye.
Chair Hardemon: Any nays? Seeing no nays, motion passes.
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DISCUSSION ITEMS
SP.1 DISCUSSION ITEM
7349
Commissioners
and Mayor
A DISCUSSION REGARDING MANDATORY SHELTER IN PLACE
ORDER OR CURFEW.
RESULT: DISCUSSED
Mayor Suarez: 1 wanted to address something related to the stay at home order or
shelter in place which is very specific. 1 think a lot of the confusion has arisen and
some of. the messages that I'm receiving are from the fact that, you know, that only
cities up to this point are the ones that have enacted a shelter in place order. It's --
today the Doral joined Miami Beach and the City of Miami in implementing a stay at
home, safer at home, or shelter in place order. And I think some of the confusion lies
from the fact that people don't really understand what is the City of Miami. They see
boats docked at Haulover and they send me messages how can you let that happen?
They see -- and I think Commissioner Carollo got this one as well, they, see a
Flannigan's in Kendall overrun and they send me messages how can you let that
happen? So they see ports [sic] docking as the Commissioner just said, ports [sic]
docking in our port with, you know, a tremendous amount of people that are infected
and they ask how can we let that happen in the city. And so 1 think, I really want to
commend Commissioner -- all of you really - but I want to commend Commissioner
Diaz de la Portilla for really focusing particularly on pushing forward this shelter in
place order. Every comment that I've -- 90 percent of the comments that I've received,
and I know that some of the ones in the public comment section were not as positive,
but I will tell you that 90 percent of the messages that I've received about our actions
have been extremely, positive. They've been about, you know, all of us collectively
coming together to make our city as safe as humanly possible for our residents.
Everything that we see from Italy to Iran to New York demonstrates that this is a
growing threat right now in our world and in our country. And that we need to take
the most proactive measures that we can take to ensure that our residents are safe. I
certainly support the implementation of a curfew. I think the Commissioner has said
in the past, or publicly, that he would want it to be 10:00 p.m. I have absolute -- I
support that completely. If we want to be serious about what we're doing as a City to
make sure that people are not congregating, I don't think that there's anything
necessarily that is essential businesses that are open beyond that time. If there are
essential businesses that are open beyond that time, certainly I think that those can be
part of an exception for -- you know, for what's happening in our city in terms of, in
terms of a stay in place order or a curfew. But I just want to go on the record to say
that I would support if this Commission were of the opinion that we should have a
curfew and that that curfew should be 10: 00 p.m., that I would be supportive of that.
I've said that publicly and I want to maintain that. Because I want our police
department, our fire department, our management -- this is what happens, by the way,
when you're 14 days in quarantine, the light bulbs start going on and off and you have
nobody to help you, but that's a whole other matter. And I apologize for the popcorn,
guys, it was just I got a little hunger pang.
Commissioner Diaz de la Portilla: You made us all hungry. You made us all hungry.
Mayor Suarez: But again, I really want to commend the coming together of this
government, the coming together of our individual personalities for a common goal.
Every single person has been exceptional, every single elected official has been
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exceptional. And I just wanted to state my perspective for the record. 1 think the
confusion that we -- and by the way, 1 had a call, and 1 want to thank our Chairman
who is the incoming President of the League of Cities. 1 had a call with the League of
Cities today to talk about a wide scale city implementation of a stay at home order.
And this is a trend that is going to continue. And if the County does not act and do it
themselves, I can tell you there is going to be a cascading amount of cities that are
going to continue to do this. And hopefully that will create a little bit more
comprehension in terms of the feeling among our coininunity that, you know, that
there's some confusion because, you know, people just don't understand what the city
of Miami is. People think Broward and West Palm Beach is the city of Miami
(UNINTELLIGIBLE). And certainly as Commissioner Carollo said and I think some
of you echoed, I think one of our biggest threats that we have to look at, Mr. Manager,
and you kind of touched on it as well, is the close connection that we have to New
York which most of the time is something that's extremely beneficial for our city, now
it's one that I think we have to look at. Because right now New York is the United
States epicenter of this Corona Virus spread. And so, you know, I just wanted to go on
the record of my thoughts on the first agenda item and the last agenda item. And I
thank all of you for keeping your eye on the prize in terms of the budgetary impact of
this which we know is going to be significant.
Chair Hardemon: And one thing I will say, Mr. Mayor, is that I apologize fbr not
acknowledging you at the beginning. You know we've got these screens; 1 have two
screens in front of me, and I was only limited to the number of people 1 saw so I'm
looking at hands being raised, and 1 forgot to recognize you because I didn't see your
face there. So, I've extended my view now where 1 can see more individuals, so I
apologize for that.
Mayor Suarez: No worries.
Chair Hardemon: Commissioner Russell, you had something you wanted to add?
Vice Chair Russell: Yes, I want to move into some other elements of shelter in place. I
wanted to give my opinion about the curfew. With regard to the curfew, I do
understand and support the concept of people not being out at night. But I would like
to defer to our Manager's administration of his manpower of the Police Chief for
what their resources need to be spent on. Because if we're making unnecessary stops,
it's going to make things -- it's going to stretch the resources a little bit more. The
reason Pm hesitant on the curfew as opposed to just what we have right now is that
what we have right now is in essence a soft curfew. Right now you're only allowed to
leave when you have essential business. There really is not much essential business
going on at night. And so if you're out, the police at this point have the ability to stop
you and ask you if you are conducting essential business. If they see a car out,
multiple people in it, it's 2:00 a.m., they can stop them. But I think the Manager was
very specific in holding back on the curfew. And so I very much welcome the
discussion, because I am supportive of the concept of what the curfew achieves. I
simply don't want to stress the manpower of the staff at this point, especially with the
police, and cause more exposure than is necessary, if they already have the tools they
need to accomplish that.
Commissioner Diaz de la Portilla: I think to -- if I may, Mr. Chairman?
Chair Hardemon: You're recognized.
Commissioner Diaz de la Portilla: I think more specifically, I asked that question of
the Police Chief I asked him Ole was confident in his department's ability to handle
a curfew and I think he responded yes. Is that correct, Chief?
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Mr. Colina: Yes, sir.
Commissioner Diaz de la Portilla: So you're confident that --
Mr. Colina: Yes, if that was the will of the Commission, then obviously we would
make the appropriate adjustments to be able to enforce the curfew if a curfew was put
into place.
Commissioner Diaz de la Portilla: But with your expanded manpower that you have
now, today, you have the ability to enforce a curfew?
Mr. Colina: Yes, sir.
Commissioner Diaz de la Portilla: Okay. I just wanted to make sure, Commissioner
Russell, you understood that part. Maybe you didn't hear. I asked that specifically.
You're right, I didn't want to overburden the police department, they have enough on
their hands right now, but I wanted to make sure they had that. And when I do my
closing and we argue about it a little bit more, debate it a little bit more, we'll -- I'll
give you the reasons why a shelter in place and a curfew are different and why I think
that we need to try to be on the right side of history on this one. And I'll make those
arguments later on after the other commissioners give their opinions.
Chair Hardemon: Commissioner Reyes then Commissioner Carollo.
Commissioner Reyes: Mr. Chair, and I want to make clear that I would love, I mean,
hold on, 1 would support a curfew, but I want to see a plan of action. And I would be
willing to vote for a curfew, but we have to have -- we cannot be enforced until we
have all -- a plan of action and the manpower that the Chief of Police needs. How are
we going to implement that and enforce it? And how are we going to distinguish and
identify those people that they are in the city of Miami, and they are going out to work
or they have to be out? I have received a text from a former commissioner, and that is
he suggests that -- Mr. Gort suggests that those IDs could be obtained, or should be,
we should use the NET (Neighborhood Enhancement Team) offices in order to obtain
any type of IDs, if we implement this curfew. So the persons -- the individuals that are
working and they need to be out on the streets, they will go to the NET Office and an
ID will be issued. But I think that if we implement, and it is my humble opinion, if we
implement a curfew overnight, you see, we are going to run into a lot of problems.
And I think that it would be -- I don't think it will be -- in my opinion, it will be smart,
because there's a lot of people that they are moving around, that they need to be out
there. Unless we have an action plan and -- I mean, that takes into consideration all
the different activities that people are doing and how we identify them and how much
is that going to effect the manpower of the police officer and how can we provide it?
Provide them with the manpower that they need. It won't be effective. I want it to be
effective.
Chair Hardemon: Commissioner Carollo.
Commissioner Carollo: Look, I think that there could be arguments for both sides to
this issue. However, the main issue that I see Commissioner Reyes talking about and
Commissioner Russell, the manpower. I can tell you that from a police operational
point of view, you're taking more manpower now in police officers that are patrolling
the streets, stopping people in the evenings with the shelter in place that we have, and
having all kinds of exceptions. Trying to talk to them and figure out which one they
have and trying to verify all those exceptions. It would take less manpower if you had
a curfew that the patrol officer is going to know that it's a very, very limited amount of
people that could be out there. And anybody that's out there, which is going to be a
much smaller amount than with a shelter in place, they would be able to deal with
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them quicker, with lesser people being out there that they would have to stop and talk
to than with the kind of exceptions that we have now in shelter in place.
Commissioner Reyes: Mr. -- may I ask a question? Just a point of information. Chief
are we stopping people now? Are we stopping people that are on the streets now?
Because I didn't have that information. We are now -- are your patrols are stopping
people that they are driving around the city of Miami? Or anyplace, either passing
through or going from one place to another. Are we implementing that?
Mr. Colina: We are, we're stopping people. It's not -- we don't have roadblocks or
anything --
Commissioner Reyes: Okay, okay, no, no, that's all 1 wanted to know, because I didn't
know that.
Mr. Colina: Yeah, we are. And we receive -- people call the police department, and
they'll basically say, listen, there are some people here or there's a business that's
open that I don't believe is open. So, we'll go to these calls, and we'll document a
report just to make sure. If we see somebody in the street, then very often an officer
will stop that vehicle to find out what is their purpose to be out and about.
Commissioner Reyes: But that's not the question, the question is people that are
driving around. Because if we are doing that, we have a partial curfew. If we are
doing that, if we are stopping, which I wasn't informed of it. And I'm not talking about
going to a business that is not supposed to be open, I'm talking about a couple that is
driving at 2 o'clock, at 12 o'clock, 11 o'clock, or in the afternoon, that is driving in the
city of Miami, any of the streets of the city of Miami, that the police will come and
stop them and ask them what are you doing out here, where are you going, and you're
supposed to be at home. Are we doing that now?
Mr. Colina: No. Okay, so now I understand.
Commissioner Reyes: That's what I wanted to know.
Mr. Colina: Right, no, no, so we're not stopping random people. You know, obviously
is someone has committed a traffic offense, et cetera. Now what we are doing is we
are verifying businesses; we are going to places --
Commissioner Reyes: Okay, that is completely different. Now, I want to ask you
directly, do you need additional help or additional support to implement a total
curfew, let's say from 10 o'clock, 11 o'clock, whatever? Do you need any?
Mr. Colina: No, no sir. We'll make whatever adjustments we need to make to make
sure --
Commissioner Reyes: Okay, that's fine. That's all I wanted to know.
Mr. Colina: -- handled properly.
Vice Chair Russell: Mr. Chair?
Chair Hardemon: Yes, you're recognized, Commissioner.
Vice Chair Russell: Two questions on curfew because I want to make sure I
understand exactly what we're talking about as opposed to what we have right now
with enforcement of the shelter in place. If a curfew is implemented would the police
be required to stop anyone they see and everyone they see? Whereas, at this point
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there's a bit of discretion. And I don't understand how that wouldn't create a more
taxing situation. The second question is, would there be exceptions as we have in our -
- as we have in our shelter in place order for the mother who needs to go out to the
pharmacy or the night convenience store to get the diapers for her kid or something
like that. And if so, is there really a difference between -- other than the language and
the intention. Because if it's substantively similar to what we have now, but it's simply
a stronger message I might be in support of it. But if it -- if it creates a different
scenario where we're having to stop everyone who's out there driving at night, that
would be a concern to me.
Mr. Colina: So, 1 can answer at least part of that.
Commissioner Diaz de la Portilla: Well, if I may, Commissioner Hardemon, I may
answer the second part and then 1 think Chief Colina can answer the first part of that
question. There is a substantial difference. First of all, the County -imposed exceptions
are 37 different exceptions. There are exceptions for everything. There are exceptions
for car dealerships, for Christ's sakes, like if people are going to go buy a car during
this crisis. So we have exceptions out there that don't make any sense, but they were
put in there for whatever reason. So, it's way too broad. This would be much
narrower -- a curfew -- a curfew will be much narrower in nature. It will allow people
to go to work. It will allow people to seek medical help if they have a medical
emergency. So, those are the exceptions that the curfew would allow for. It's much
stricter, it makes more sense, it's a limited number of hours. But more importantly it
tells people that we're serious about this. We have a very short period of time
according to a number of statistical models, health models by the professionals, the
health professionals, by the people that should be making these decisions or advising
us on what decisions to make. Now we have a very short period of time left to flatten
that curve and not overwhelm our healthcare system. And we have to do everything
we can now, now, to make that happen. We can't afford to wait until next week or
until tomorrow. I want to commend the Mayor in particular, and Commissioner
Carollo, for leading not the County but the nation. When they canceled Ultra
together, when they canceled Calle Ocho, understanding that the congregation of
people is extremely dangerous for the spread of this very very aggressive virus. They
led the County, and they led the nation on that. They were right then. The curfew now
is the right thing to do now. We cannot wait any longer and say we'll do it next week
because of this detail or that detail. Curfews have been implemented throughout the
country; countless cities have implemented it. Here in Miami -Dade County we have
the City of Miami Beach, the City of Sunny Isles, North Miami Beach, Key Biscayne.
In Broward we have Coconut Creek, Hallandale Beach. More or less the same hours
the Mayor talked about, you know, from 11:00 to 5:00, 10:00 to 5:00. So it works
because it sends a very, very clear signal to the people of Miami, the city of Miami,
that we're serious about this. That we're going to be ahead of the curve here and try to
flatten that curve. And we're going to protect them. There's two schools of thought
here debating this entire Corona Virus thing from the moment it started. One school
of thought is the economics school of thought. That says, well, we have to protect
businesses and we have to protect people's incomes. And all those things are
extremely important. And that time will come. The federal government's addressing
that, our state government will address that, our city government -- our county and
city government will address those issues. That time will come. But the time for that is
not now. The time now is to flatten that curve, protect our citizens because we're not
dealing with -- correct, Manager Noriega, we're not dealing with civil unrest or civil
disobedience, we're dealing with lives. Much more important. We need to bold, we
need to be aggressive, as aggressive as this virus is. And don't shy away from making
difficult decisions now that will save lives in the city of Miami. And Miami once again
can lead the County and can lead the nation in doing what's right at the right time.
Vice Chair Russell: (UNINTELLIGIBLE).
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Chair Hardemon: Commissioner Corolla.
Commissioner Carollo: Thank you, Chairman.
Vice Chair Russell: I had one answer, I had two questions there and the other one
was not yet answered.
Mr. Colina: The first part, Commissioner, the enforcement element. Well first of all,
typically, at least my experience and what's happened in the past is when there is an
order of curfew put into place, believe it or not, the majority of the people comply
with that. It's not like there's a lot of people out there for us to even stop. There are
very few vehicles that are going to be out and about when there's a curfew put into
place. Fortunately, and I'll be honest with you, it's not like the officers right now want
to actually go engage people. We're doing that because we don't have a choice and
we're going to do our job. But, you know, the officers are as anxious and stressed as
everyone else. They want to avoid that contact. When they don't have a choice and it's
their duty and their job to engage, obviously they do, and they will. But there's not
going to be a lot of people. Right now there isn't a lot of people on the street. There'll
be less if there's a curfew. And then, yes, if we see a vehicle out on the street, of
course we'll stop that vehicle and ascertain what their purpose is. And if they give a
reasonable explanation, 1 need to go buy pampers for example, those people are
going to be allowed to go do what they need to do. But we'll be out there, and people
will see us, and they'll see the lights, and they'll know that it's a serious act. And if
they're going to be out the likelihood is that they're going to be challenged.
Commissioner Reyes: And I want to add that the -- correct me if I'm wrong,
Commissioner Diaz de la Portilla, the proposed curfew is going to be from 11 to 5
o'clock in the morning or something like that. It will be at night.
Commissioner Diaz de la Portilla: Yes, sir, it will be from 10 to 5 o'clock.
Commissioner Reyes: From 10 o'clock to 5 o'clock, you propose that?
Commissioner Diaz de la Portilla: Yes, sir.
Commissioner Reyes: And that means that anybody that is doing their business during
the daytime, they can do their business --
Mr. Colina: They're fine.
Commissioner Reyes: They are fine and they're not going to be stopped.
Mr. Colina: No, Commissioner.
Commissioner Diaz de la Portilla: All these 37 exceptions the County imposed on us -
- if I may, Mr. Chair, through you. All these 37 exceptions the County imposed on us,
well, they can do all that stuff during regular business --
Commissioner Reyes: During regular business hours.
Commissioner Diaz de la Portilla: They can go to the supermarket, they can, you
know, go to a therapist, they can go to a doctor.
Commissioner Reyes: Absolutely.
Commissioner Diaz de la Portilla: They can do everything.
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Commissioner Reyes: Only -- only some certain exceptions will be in place from
10: 00 to 5: 00; that's totally different.
Commissioner Diaz de la Portilla: Correct, going to like medical emergencies, --
Commissioner Reyes: Medical emergency --
Commissioner Diaz de la Portilla: -- take your dog out. And look, I trust our police
department and our Police Chief
Commissioner Reyes: Yes, yes.
Commissioner Diaz de la Portilla: And when people are taking their dog out, you
know, to go to the bathroom. Things like that the police is not going to stop them, is
not going to arrest them on the street. So, you know, but basically some very few
exceptions, but the most important thing is to send that message, that we're dead
serious about this. That we're really going to impose this, that we want people to stay
home and be safe and not expose other people to this very deadly virus.
Commissioner Reyes: But I wholeheartedly agree with you because I have seen a lot
of people that have taken this very lightly. Very lightly.
Chair Hardemon: So I want to recognize Commissioner Joe Carollo then the Mayor.
Commissioner Carollo: Yes, what I would like to ask is that we give ourselves at least
two days to let the public know what's coming.
Commissioner Reyes: Yes.
Commissioner Carollo: In other words, if we impose this curfew tonight, that it
doesn't go into effect until Friday evening. This way we have all day tomorrow and
Friday until 10: 00 p.m. so that the public will be aware of it. And we'll make sure that
they're aware of it in every way that we can. So, that's the only condition that I would
like to impose before we do that. And I think it's important that we do it before Friday.
Because even though we might not think so, there is still a small minority, and you
don't need a huge amount of people to spread this virus on all of us, that is still taking
it lightly. And they might want to go and party at somebody's house and be there until
late at night partying. Then they're going out intoxicated, getting together, and I think
we need to implement it before Friday evening comes.
Commissioner Reyes: Yeah, and --
Chair Hardemon: No, no, I want to recognize the Mayor.
Commissioner Reyes: Oh, okay.
Chair Hardemon: Mr. Mayor, you're muted.
Commissioner Reyes: We can't hear you.
Commissioner Diaz de la Portilla: You're muted.
Commissioner Carollo: We can't hear you, Mayor.
Commissioner Reyes: We can't hear you.
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Mayor Suarez: I'll move to Commissioner Reyes. I know he wants to jump in there.
Commissioner Reyes: No, 1 just wanted to say this, and 1 would like -- and the only
thing I want to add is through the City Manager, because there are some people that
work at night, Commissioner Diaz de la Portilla, that those persons that they have to
go and work at night. They have to be out on the street. That they will have a place
that we will get the NET offices, I mean, ready to provide them with some sort of IDs,
identifications, that they are -- would be allowed to be out in the street because they
are -- I mean it is essential for them to be in the street. I mean we will identify them
and go through a process that we vet them that they are required to be on the street at
that time, you see? Because there are people that work at night, and they need to go to
the jobs. Well, they have to have some sort of ID that will allow them to go
(UNINTELLIGIBLE). They might be working at a hospital. We have a lot of nurses
that they have night shifts, and they should be able to drive to their jobs because those
are essential services.
Commissioner Carollo: Mr. Reyes, I --
Chair Hardemon: Before we move forward I want to say one thing. I want to remind
Madam City Attorney; you can chime in as well as the City Manager. There's still
requirements that we must meet in order for us to put a curfew into place. So, just
because we think that it's the right thing to do, there is still a legal requirement that
you must meet, at least be able to argue, to implement a curfew. So that's something
that we should also discuss. Madam City Attorney?
Victoria Mendez (City Attorney): Chairman, it would basically be the Commission
directing the Manager to impose a general curfew. I believe that there needs to he
certain criteria with which we clearly express what the exceptions are going to be.
Commissioner Reyes: Yes.
Ms. Mendez: We cannot give discretion to the police officers that, oh, it's okay to walk
the dog versus, oh, it's not okay to go get pampers. So we really need to clearly lay
out what these exceptions would be. Remember that the Manager under his authority
and powers under Chapter 45 can impose this curfew. So, if you would give him a day
or so to come up with all the exceptions, unless you want to go through them right
now.
Chair Hardemon: (UNINTELLIGIBLE) I know the Manager spoke about those things
earlier, so I just to make clear, I don't want to run afbul of the law.
Ms. Mendez: This would be imposed because the Manager feels pursuant to Chapter
45 and pursuant to the emergency chapters in Chapter 252, and pursuant to the
Governor's Order, the first Governor's Order that established the state of emergency,
if it is felt that if it is the public's health, safety, and welfare in order to establish this.
Chair Hardemon: I should recognize Commissioner Carollo, I interrupted you -- no,
Mr. Mayor, did you ever get a chance to speak?
Mayor Suarez: No, no, go ahead.
Chair Hardemon: Commissioner Joe Carollo (UNINTELLIGIBLE).
Commissioner Carollo: Just real quick. I agree what the statements that many of you
have made as far as people that work need some kind of ID that can identify them,
and they could be at ease and not be worrying if they're going to be stopped.
However, I don't think that under the present conditions we should do it by exposing
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our City employees in NET offices or even the people that might come. We don't know
if that particular employee might have gotten infected that same day or the day
before.
Commissioner Reyes: We could do it by internet.
Commissioner Carollo: So I think if they could do it through the internet, through
Facetime, or many different apps they can use where they could be issued a number
and a certain ID.
Commissioner Reyes: That's right.
Commissioner Carollo: And the police department could just look it up in their
computer if need be just to confirm.
Commissioner Reyes: They can be through the internet, and they can print it.
Commissioner Carollo: Sure.
Chair Hardemon: So, Commissioner Alex Diaz de la Portilla then our City Manager.
Commissioner Diaz de la Portilla: I think our Mayor wanted to say something but let
me just quickly address some of the points that have been made. 1 agree with
Commissioner Reyes that some sort of ID would be good. Perhaps our police
department if they happen to stop somebody at that moment they can give them a note
saying you're okay to travel and if they're stopped again they simply show that. That's
a good way to bureaucratically cut through some of the bureaucracy in a non -
bureaucratic way. Perhaps that may be a solution. But I agree with Commissioner
Reyes because the exceptions that we're putting in here, Commissioner Reyes, are
exactly to your concerns. We're not going to -- I think this Commission should say
what the exceptions should be, I don't think we should leave it to the City Manager. I
love our City Manager, but he has expressed that he's not comfortable with a curfew,
so I think that as the public policy makers here that we should make a decision on
what those exceptions should be. And sort of direct him where we want him to go with
this. I think the exceptions should be to go to work, I think for medical emergencies
obviously, to take out your dog, things that make sense in the immediate vicinity.
These are things, two or three things, but we don't want to create a County -like 37
exceptions where people can do -- practically make it, you know, not really a curfew.
We want to make it a very, very, very explicit curfew with very little exceptions and to
make it very clear and -- that's it's a very -- that we're very, very -- that we're dead
serious about this. That we're really serious about people staying home and not
congregating. And when people see that, and they see this Commission has acted with
force and unity --
Commissioner Reyes: They'll comply.
Commissioner Diaz de la Portilla: -- they'll see we're serious and comply. And we're
going to move forward with this and get ahead of that curve. Again, I implore every
Commissioner here, there are always reservations when it comes to these kind of
actions. I understand that. It's happened throughout history. In this case, this is an
unprecedented historical event in our nation, in our city, we need to lead the nation
and we need to act forcefully. Deliberately but swiftly. We cannot afford to wait
anymore.
Commissioner Reyes: I will add, if I may through the Chair. And when you're talking
about the exceptions, you see, it comes to my mind that at night we have a lot of
deliveries and I think the police, they will use their judgment if they see a delivery
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truck, you know, a truck that's delivering goods to one of these stores and all the
things like that and they are not violating the curfew.
Commissioner Carollo: (UNINTELLIGIBLE) work
Commissioner Diaz de la Portilla: They're doing their work. They're performing a
related activity.
Commissioner Reyes: A related activity, that's right.
Chair Hardemon: Mr. Noriega.
Mr. Noriega: So, I want to address two things. First and foremost, you know, I --
whatever the will of the Commission certainly is I'm -- I'm willing to -- and certainly
comfortable with proposing a curfew if that's, you know, the majority's desire. The
exceptions I think are fairly easy, as Commissioner De La Portilla [sic] said. It's one
of those situations where they are -- very well could be extremely limited. I don't think
we need to get into the business of trying to issue IDs, Commissioner Reyes. I think
what we can do is, because we could be talking thousands of these given --
Commissioner Reyes: Yes.
Mr. Noriega: -- the sheer volume ofpeople that are -- potentially need to work, I think
we will leave it at the discretion of our police department. Most of the people that are
going to go to work, especially in these critical businesses or essential businesses, are
going to have IDs that are appropriate to that, to speak to whatever their business is.
Or can certainly be identified if they're wearing uniform. And I think leaving it to
their discretion is probably the best case scenario.
Commissioner Reyes: Let me be respectful. I disagree with you. I think that -- I know
a lot of people that I know in this city, some of them -- I mean they're going to take
advantage of that. We are leaving this place a huge burden in our police department
that they will have the -- they will be the one that's going to decide if a person should
be -- I don't know what the consequences are. Are we going to give them -- anybody
that violates this, are we going to give them a ticket? Is going to be arrested? Is going
to have -- are we going to give them a let's say a warning, if I catch you again then
you will be arrested? I mean because if we are going to place a curfew, there must be
some consequences for those that violate them.
Chair Hardemon: That's precisely the point, Commissioner Reyes, is that the way I
see it if you have a curfew the only way that you enfbrce curfew is by taking that
person off of the street.
Commissioner Reyes: Yes.
Chair Hardemon: You take them off the street by making an arrest. When you put
them under arrest in Miami -Dade County, you're putting them in worse situations
then they were before. So you expose them to more issues. You're exposing them to
possible assault, you're exposing to certain disease. And we're talking about a
respiratory, issue that we're facing. And I'll also add that, you know, the City of Miami
doesn't exist in a vacuum, so we have neighboring cities that are all around us.
Commissioner Reyes: Absolutely.
Chair Hardemon: And this is another reason, dear statesman, Commissioner Alex
Diaz de la Portilla, this is part of the reason that for instance each county doesn't
change its gun laws as it pertains to concealed carry. You know, we have a uniform
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system. So, you know, part of what I think about in this situation, this is a cautionary,
tale because obviously f we make a decision as a board and that's the decision that
we're going to go with and that's what we defend. But when you consider this, that
people are going to be coming from Miami Gardens, from Hialeah, from El Portal,
from Miami Shores, you know, they drive through the city of Miami and they're going
to be caught in this large drag net. And so the question is, you know, what happens?
So if I take the route going through the city of Miami, you're telling me I'll have to go
around the city of Miami. And so it's just, you know, part of the things that I think are
impractical about it in just a city's -- just implemented in the city of Miami.
Commissioner Diaz de la Portilla.
Commissioner Diaz de la Portilla: Mr. Chairman, 1 think the Chief was clear, that --
that's why 1 asked the initial question when we started the debate, is this going to be a
soft enforcement or a hard enforcement. Sort of try to -- and the Chief was very clear,
he's not out there to arrest people, he's out there to tell people you need to go home.
And they're caught again, you need to go home, if they're caught again then you get a
citation. He's not there -- he's not in the business of arresting people or putting their
lives in jeopardy by some of the circumstances you described.
Chair Hardemon: No, and I can understand that, Commissioner Diaz de la Portilla.
But let me tell you, that gentleman, our Police Chief Jorge Colina, is someone that I
think is spectacular. But we've found in our city when we've made arrests of people
for putting fliers on buildings with tape and so, you know, these are obviously
situations that shouldn't necessarily -- you shouldn't expect an arrest from. And
someone being put in a prison cell --
Commissioner Diaz de la Portilla: Of course.
Chair Hardemon: -- a holding cell for these types of things, but it happens. Because
the individuals that are out there implementing it, they make different decisions than
our Police Chief will actually make. That's all I'm saying about it. You know, I think
that we should come to a resolution of the issues. I think we've talked about it quite
enough. And if you want to put it to a test, then let's do that and move forward.
Commissioner Carollo: Chairman, real quick. Madam City Attorney, how can we go
about to issue citations for the first violation?
Ms. Mendez.: On these, normally the -- any violation of Chapter 45 can be either
arrest or municipal ordinance violation pursuant to Section 1-3, I believe, of the City
Code. So we already have the ability to issue a municipal citation.
Commissioner Carollo: Okay, so we don't need in an emergency situation to have an
ordinance. If we approve this tonight we can just state that they will on the first
offense they will be fined whatever the amount is that this Commission decides,
whether it's a $100 citation or $250 or whatever it is, we can do that tonight in that
fashion, correct?
Ms. Mendez: If you want to have a different theme than what's allowed pursuant to
our code, our City Code, then, yes, we would have to pass something.
Commissioner Reyes: Madam City --
Commissioner Carollo: Well, let -- let me do this and we'll discuss the citation side
later. Because I'd prefer to give the police more leeway in what they could do and
make it easier. Because the idea here is not to throw somebody in jail.
Commissioner Reyes: No, sir.
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[Later...]
Victoria Mendez (City Attorney): First of all, if you're going to take action there's still
public comments that --
Chair Hardemon: We had public comment.
Commissioner Carollo: We did.
Chair Hardemon: Anything now would be unreasonable for us to have in this
emergency meeting.
Ms. Mendez: Okay. So there's public comment that then will be placed on the record
with regard to all the electronic media that has been put in. The other issue is that you
have, unless you clearly establish what the exceptions are, you will --
Commissioner Diaz de la Portilla: We just did to make --
Commissioner Carollo: We just did.
Ms. Mendez: Right, but this is the problem, you just said work. So what is work? If
you're not going to work, you want to be allowed, you know, exceptions then --
Commissioner Reyes: That'.s precisely what 1 thought.
Commissioner Carollo: Either going or coming from work; an actual job that they
have.
Ms. Mendez: Right. So any job?
Commissioner Carollo: Yes.
Ms. Mendez: Whether they're allowed to be open or not. I just want to make that
clear.
Commissioner Reyes: Mr. Chair? Mr. Chair?
Chair Hardemon: Commissioner Reyes.
Commissioner Reyes: You stated, and I stated before, we are the position of the city of
Miami, it's a crossroad for a lot of cities and other places. How are we going to
identify those people that are going by? By the address? Are we going to leave that
also up to the police in order to determine if that person is just going through? I mean
if you live in Hialeah and you're going to go, I mean you live in Coral Gables, and
you visiting somebody in Hialeah, and then you want to when you come back at any
time you have to cross through city of Miami or you have to go all the way around,
87th Avenue or something like that. I mean we have to be aware of the city of Miami,
the geographic situation of the city of Miami. It's in the middle of everything. And
there are all the people from other cities and all the parts of the County that are going
to be traveling through the city of Miami and what we have to do is that's got to be an
exception because you said anybody that is traveling in the city of Miami. I mean we
are going to create a mess. Pin sorry, but that's what 1 believe. We have to make sure
that -- that our streets are traveled by a lot of people and those people, I mean they're
not part of our curfew. And we have to make an exception.
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Chair Hardemon: I want to recognize Commissioner Russell and then our City
Manager and then the Mayor.
Vice Chair Russell: Thank you. Can we also give the Manager some freedoms over
this next 24 hours? Hopefully that the policy is completely finalized --
Commissioner Reyes: That sounds right, too.
Vice Chair Russell: -- before sunset tomorrow so that everyone has a full 24 hours to
digest this. And so that whatever we haven't thought of tonight in terms of an
exception, that he has some freedoms to do that.
Commissioner Reyes: Yes.
Vice Chair Russell: And I mean just off the top of my head, for example, those in the
business of transportation for that work, right?
Commissioner Reyes: Yes.
Vice Chair Russell: Let's say somebody drives a taxi or ride share, is that considered
an essential business that would be a -- an exception? And if so, can everyone who's
in the gig economy be out there trolling around for rides? 1 just, we haven't thought it
all the way through, and 1 want to give the Manager some leeway for that.
Commissioner Reyes: I agree with that.
Vice Chair Russell: And by the way, just for the record, I would not be in favor of
creating the ID system that would need to be printed and created and find all the
people and identify them. I think in this moment of emergency that's too much of a
load on our system. People will definitely fall through the cracks. And when they don't
have that ID what is the officer to do? So I really -- I wouldn't be in favor of that part
of it. I don't believe that was in the motion, butt know it's been in the discussion.
Commissioner Reyes: Okay. I do understand the position to an ID. I think it's a good
idea, but if it is the will of the Commission not to do it or if the Manager considers
that this is going to be very cumbersome, I mean as long as we are -- I do understand
that we are placing on the shoulders of a police officer quite a responsibility, and they
have to make the decision at the point. When they stop somebody going to say, okay,
are you going to go to work? Prove it. And that is my only concern. But 1 also want to
stress once again that we have to make sure that those people that are using our
roads, they are not going to be punished. And those people that need to be out
working, they have to have the right to move from the work, place of work, to the
house. That's my concern.
Chair Hardemon: Mr. Noriega and then Mayor Francis Suarez.
Art Noriega (City Manager): We certainly have a couple of examples that we're going
to use in terms of language, given all of the feedback we've had today. I also want to
add an element to this just for clarification so when we draft it tomorrow, the rest of
the Commission and the Mayor certainly are clear on it. We're also going to cancel
all the noise waivers that have been issued for any period of time beyond outside of
the exception of the curfew.
Commissioner Reyes: Good.
Mr. Noriega: And obviously we're -- I made a footnote to Commissioner Russell's
comment relative to the transportation to and from. We're going to address Fire,
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we're going to address Police, we're going to address other government services as
well.
Commissioner Reyes: Deliveries.
Mr. Noriega: And delivery, yes.
Commissioner Reyes: And how about Uber and Lyft?
Mr. Noriega: Yeah, that will be included in the transportation component.
Commissioner Reyes: Okay, okay.
Commissioner Carollo: I think, Mr. Manager, that --
Chair Hardemon: Let me, I want to recognize --
Commissioner Carollo: -- the area of work number one on the three exceptions.
Commissioner Diaz de la Portilla: Yes.
Commissioner Carollo: Then define what we're talking about work.
Commissioner Diaz de la Portilla: Mr. Chair?
Commissioner Carollo: 1 want to make sure that we follow what the City Attorney's
instructing us in defining it.
Commissioner Diaz de la Portilla: Yes.
Commissioner Carollo: And I hope that by putting the three items down, work,
medical emergencies, and taking your dog out within 250 feet of your residence, that
should be sufficient. So, then whatever else we spell out, in particularly in work or if
we need to define further what a medical emergency is, that we could do it without
having to come back here and spell it out again.
Mr. Noriega: Yeah, we're also, Mr. Chair, going to address the issue of obviously
utility repairment and the like.
Commissioner Carollo: Falls under work.
Commissioner Diaz de la Portilla: That's all work.
Commissioner Reyes: That's all work, but also, also, I am still concerned about those
people that use our roads to go and come and they have to use it. And they're coming
from someplace and they are going through the city of Miami. I mean that because
they're using our roads, but they don't live in the city of Miami, they shouldn't be
penalized. And the police can determine that by the address or whatever.
Chair Hardemon: Mayor Francis Suarez and then Commissioner Alex Diaz de la
Portilla.
Mayor Suarez: Thank you, Chair. I think we've come to the end of the discussion on
this issue. I think we're all in consensus that we should implement a curfew with the
limited exceptions. I'll tell you that the County order does allow municipalities to
provide stricter exceptions. Obviously the best case scenario, and I think this would
have addressed Commissioner Reyes' concern, the best case scenario would have
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been if the County would have just followed our lead and simply implemented a
shelter in place order and a curfew as we have done and as Miami Beach has done
and as many many more cities will be doing. I think Commissioner Diaz de la Portilla
read off a list of about half a dozen that have already implemented them. My guess is
just based on my conversation today with the League, and some of the calls that I've
gotten from mayors from surrounding cities, not only in the state of Florida, in the
U.S., but also in Dade County, that this trend is going to continue. So maybe what we
should do is urge the County to follow our lead and put in a stay at home order and
also a curfew so that as you said, Commissioner Reyes, you know, we don't have this
confusion where people get concerned about if they're traversing --
Commissioner Reyes: Absolutely.
Mayor Suarez: -- our cities. But 1 really think, you know, under ideal circumstances
there would be a uniform policy. And unfortunately we have to lead in the absence of
that uniform policy. So I think we're all on the same page. I just want to be mindful of
the time because it's almost 11:00 p.m. and I know we have two more agenda items
that we want to get to, so (UNINTELLIGIBLE) --
Chair Hardemon: Commissioner Diaz de la Portilla.
Commissioner Diaz de la Portilla: I'm going to let the Mayor close on that. I know the
Mayor and I and Manager Noriega have been working on the shelter in place issue
for over a week. It took us a week to finally implement that, and 1 want to commend
the Mayor for his leadership, and I want to commend this Commission, Commissioner
Carollo, his comments today for his leadership, and the efforts that we're doing here.
We're once again going to lead the County and lead the nation in many cases in
implementing strict policies to protect the lives of our residents. And I'm very proud of
being able to sponsor this and very proud to support that that I've seen here tonight.
Thank you, Mr. Mayor, and thank you Commissioners. With that I close, and I move
the question.
Ms. Mendez: Chairman?
Chair Hardemon: Yes, Madam City Attorney. I know that you said you had a few
voicemails that you wanted to play that were called in?
Ms. Mendez: Yes, there was six voicemails and then all of you have received the
emails that have come in throughout the meeting. But if we can play the six
voicemails, please, it's12 minutes.
Mayor Suarez: Can I make a brief comment before we play the voicemails?
Chair Hardemon: Yes.
Mayor Suarez: This is brief like 30 seconds.
Chair Hardemon: Yes.
Mayor Suarez: Which I want everyone to understand that all of the things that we're
putting in place, this is important for people to understand, are only in existence while
there is an emergency declaration. And emergency declarations at most are seven
days. And so every seven days, and every day we're in communication with the
Manager and myself, analyzing this thing on a day-to-day basis. Because obviously
what we want is to return to normalcy as quickly as possible. But understanding that,
you know, we have to be responsible. I think Commissioner Carollo, Commissioner
Diaz de la Portilla, and Commissioner Reyes, they've all talked about, you know, the
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fact that we're still on the upward trajectory. And so, you know -- but 1 do want people
to know that this is only, at most it's a seven day implementation with an ability to
refresh going forward.
Chair Hardemon: Is the Information Technology Department ready to play those
comments?
Michael Sarasti (Chief Information Officer/Director of Innovation & Technology): In
about 15 seconds.
Mr. Noriega: Wonderful.
Ms. Mendez: And I just wanted to clarify that the emails that came in, you've received
those as well and they will be part of the record.
[Later...]
Vice Chair Russell: Mr. Chairman?
Chair Hardemon: Yes, you're recognized.
Vice Chair Russell: Before we move on from SP.1, 1 have a couple other comments
regarding shelter in place. 1'll be brief
Chair Hardemon: Yes.
Vice Chair Russell: Thank you. Mr. Manager, I'd like to ask if you could do a little
deeper dive on some of the exceptions. It's my understanding we can go more
stringent than the County if necessary. And here's a couple of examples. Obviously
there's a lot of questions about what businesses are and are not exempt. I'd like you to
look a little deeper into what is truly an essential business. Senior centers, now the
Governor has issued rules for ALFs (Assisted Living Facility) but certain senior
centers that don't have some of those rules that are private may not have the same
application. One of the residents that spoke on public comment was asking for rules to
be implemented from above because maybe their local building aren't implementing
those. And those may have to do with (INAUDIBLE) and sanitation, cleanliness
guidelines. The same thing, and this one is very important, goes for HOAs
(Homeowners Associations) and condo associations. We have already closed gyms
and pools and public areas of congregation, but in the Downtown and Brickell area
the largest gyms, the largest pools, the largest congregation areas are within private
HOAs and condo associations. Now I believe, if I'm not mistaken, because it has
changed several times, the County order does specifically exempt them, those condo
associations, leaving them to make their own decision. But I've heard from condo
associations that are concerned about that. They're looking for us to give them the
backing because they're worried about lawsuits internally from those who wouldn't
support their decision. So I'd like you to look at that carefully. Groceries right now
probably could be our number one vector for transmission if they're not following
good guidelines. When I came out of isolation that was my first trip was to the grocery
store and it was like whiplash for me how many people were so close together. The
lack of hand sanitizer available to the customers. There wasn't a lot of spacing. I
know they're doing the best that they can, but it might help for us to implement some
rules and then create signage. And the signage I'm going towards is very important
for our own business as well. Because our parks are technically closed, but it's hard
for us to fault our residents who aren't following every one of our orders if they don't
know about them. We need signage at our parks explaining to people what they can't
do and what they should be doing. And I believe that's all I've got. And so I'll just
leave it with the Manager. I don't think a motion's necessary. Thank you.
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Commissioner Reyes: Mr. Chair?
Chair Hardemon: Yes.
Commissioner Reyes: I -- just as Commissioner Russell that he has received
complaints about buildings that the pools are open, and people are having just like a
party on the pool. And they are not following the social distance or the ordinance that
they should be closed. I think that we should make sure that we include those pools,
they should be closed from those apartments, I mean those buildings that own pools. 1
agree. Because I have many complaints about that.
SP.2 DISCUSSION ITEM
7350
Commissioners
and Mayor
A DISCUSSION REGARDING ACCESSIBILITY OF MEALS AND
OTHER SERVICES TO SENIORS.
RESULT: DISCUSSED
Chair Hardemon: So, now I'd like to move on to SP.2. It's a discussion regarding
accessibility of meals and other services to seniors.
Commissioner Diaz de la Portilla: Thank you, Mr. Chairman. I think our City
Manager has a brief presentation on this, very brief on what the breakdown that was
made and then I'm going to try to reshuffle the deck here rather quickly and sort of
use a different metric for how these calculations were made or perhaps if the
Commission agrees that we should be based on a different metric. But I think if the
Manager could give a very quick update on what he's done with the breakdowns per
commission district for the elderly meals program.
Art Noriega (City Manager): Commissioner, I'll be cat -like quick. The program really
identified a million dollars as an initial funding source to address the feeding of the
elderly. In particular, those that have an identified need or an unmet need. And so we
identified the million dollars and/or a two month timeline for the expenditure of that
million dollars. The intent is to request a reimbursement from FEMA (Federal
Emergency Management Program) as part of that program. The extent of which
obviously is still undetermined, but we feel fairly certain that there will be some
aspect of this that will be reimbursed. The matrix by which we used was the current
API (Anti -Poverty Initiative) allocation by district. So, the Mayor's API to divide the
million dollars by district based on that criteria. The meal program will be obviously
available to seniors 60 years or older and obviously they must reside within the city of
Miami. The allocation of the money, would then be distributed to each individual
district office associated with an approved vendors list of which the district office then
would determine the methodology, the frequency, in line with the meal programs that
we have procured. And that's really a quick summary of how it would work.
Chair Hardemon: (UNINTELLIGIBLE) Vice Chairman?
Vice Chair Russell: Thank you. This is a question for Art as well as Victoria and then
to get a sense of the Commission with regard to the meal program. If not mistaken,
this is something that was put together before and if we were to change anything of it,
it could be done by the Manager but would have to be retroactively approved by us
later. And the reason I'm bringing that up is this, there was an article today written by
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Udonis Haslem called the Real Miami in the Players Tribune and it really touched me
with regard to food scarcity in the city of Miami and those who are affected by
COVID-19. Seniors are a very incredibly vulnerable population to not only the virus
but food shortage. But in our different districts we do have different food needs.
Commissioner Reyes: Yes.
Vice Chair Russell: And as long as it fits within the API, the spectrum of anti -poverty,
I would like to expand that program so thatl would have the ability to use my share in
my district for perhaps a greater population than just seniors. As long as they fit
within the anti poverty spectrum. Kids aren't in school right now and they are
experiencing a lot going through this with us. And to know what they're going
through; we want to make sure food is not one of their problems. So, if we allow that
flexibility and we are assured that we will still our reimbursement, and hell, even if we
don't get our reimbursement I think it's the right thing for us to do so that we take care
of all levels of the population.
Chair Hardemon: So, one of the things I want to add into this before we move forward
is that seniors are obviously a group of people that we need to focus on to insure that
we have meals for them to consume. And I also want to highlight based off what you
just said as well, Mr. Vice Chairman, that another group of people that are feeling the
effects of this are people who are not necessarily seniors, but they are between, you
know, 20 to 45 years of age. They're your bartenders, they're the people that work in
restaurants, they're the ones who lose the job. They're the ones who may not be on any
sort of government assistance and they don't receive any SNAP (Supplemental
Nutrition Assistance Program) benefits or anything of that nature, and they still have
to meet their daily obligations with that. And so part of the idea that was thinking of
and I would love to hear my fellow Commissioners comments on this, is for us to have
our City Manager identify more money that we can use to --
Commissioner Reyes: Oh, that's good.
Chair Hardemon: -- (UNINTELLIGIBLE). So I think, you know, if we had an
additional say for instance million dollars, especially to provide for people to have
hot meals, even mix in some of these cold meals with the hot meals for our seniors, but
additionally hot meals available to people who are suffering from this -- from our
actions. Because just now tonight when we we're implementing the curfew, we close
all essential businesses, effectively we put people out of work. And so, you know, we
understand that the reason that we're doing it is very important, but we must also take
responsibility for the damage that it's causing a lot of people's lives. And so I think if
we're able to provide these services to additional folk who may not meet what we
normally would qualify as say anti poverty or anything of that nature, we make these
funds available. Not just antipoverty funds but other funds available so that we can
insure that people have an opportunity to eat. And I think -- so what I would like, I
mean the program as it is for instance that's being proposed by the City Manager I'm
fine with, but I would like to expand it more to include more dollars so that we can
buy, hot food and for people who are -- who can come and actually pick up food and
leave. I want to recognize Commissioner Diaz de la Portilla and then Commissioner
Reyes.
Commissioner Diaz de la Portilla: I agree with both Commissioner Russell and
Commissioner Hardemon. We need to have more dollars dedicated to needy people.
We have -- I'm sure the federal government and the state government and obviously
our government's going to tackle these issues as we move forward. There's severe
economic impact as a result of this. There are serious consequences and ramifications
we're going to be dealing with over the next months. This -- the parameters of this
particular item, SP.2, is only for senior programs. So we're only here to discuss right
now, SP.2 is only for senior meals, 65 and over. And the problem that exists with the
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existing allocations, per district, the metrics that was used is incorrect because there
was a poverty index that was used for the entire population and not for the
populations that we're talking about here, which is seniors 65 and over. So the
recalculation for this particular program had to be made and see what that poverty
index is 65 and over and then make the allocations according to that index for each
respective district. In other words, probably some of the -- Commissioner Russell,
your district will receive a little bit less money, Commissioner Hardemon, your
district will probably receive a little less money too, because it's only targeting a
particular population. But it's a very, very fair across the board for this particular
program. I'd be more than happy to come back next time we meet, hopefiilly we'll
have another virtual meeting. Don't worry I'm not going to call one today or ask for
one today. We're going to have another virtual meeting just to address this issue. It's a
serious concern, people losing jobs. Hopefully we'll have a federal program, the
Senate and the Congress will agree, and the President will have a plan to alleviate
some of these concerns, the bartenders and the people who have lost jobs. Hopefully
the Unemployment Office in the State of Florida would have addressed the low
amount of money they issue on unemployment, the fourth in the country in worse
amount of unemployment benefits to give our population. So these issues are going to
be addressed by other governments, but we also need to do our part. I will work with
you to find those dollars, and with the Mayor of course, and with the Manager to find
those dollars to address those particular programs that we can implement. But this
program is not about that tonight, it's about seniors.
Chair Hardemon: No, 1 understand. I understand what the discussion item is, but we
can make this decision today about furthering our efforts to assist more people in our
community. So we don't have to wait on it. I think this is something that we should act
on. Look, and I completely understand your argument about 65, well we said earlier
60 and above, and we calculated it particularly just to look at that age range for this
program. I don't have a problem with that. But I think that coupled with that I think
we should also include a motion where we have additional funds that are allocated by
our manager and have our manager give us the ability to, same way in each of the
districts, be able to effect --
Commissioner Diaz de la Portilla: And perhaps our City Attorney or City Manager
can address this issue. That would be outside the parameters of this notice that we
issued for this particular meeting, I believe so we would have to notice it. That's why I
said we need to call another meeting probably, but we can issue a directive to the City
Manager to explore the options if the Mayor chooses to do that. To explore the
options available to us. But it would definitely fall outside what we noticed for tonight
and what's open to debate tonight. And I'll work with you to get --
Chair Hardemon: So 1'll recognize Victoria to speak on that issue because I don't
think that -- this is a special emergency meeting, well a special meeting, that we could
probably handle that within this meeting, and then I'll recognize Commissioner Reyes,
then Carollo, then the Mayor.
Victoria Mendez (City Attorney): With respect -- with respect to this meeting, it had to
do with the four topics with regard to SP.4 which was an update of the City Manager
and the progress. Any programs that the Commissioners would like to see could be
addressed with the Manager. The Manager can follow up with these programs,
actually start the programs, and you know, in consultation with the Commissioner,
which I believe that the Manager also described with regard to the elderly. And it
could be done for any other program. And then we would come back for approval in
the future. But it does not preclude the Manager from starting, based on all the
emergency procurement measures that have been --
Commissioner Diaz de la Portilla: But not acting on it today.
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Ms. Mendez: Well, we don't have to act on it, you don't. You don't have to act on it.
You could if you wanted to, but you don't have to.
Chair Hardemon: The Manager can do it himself
Ms. Mendez: Correct.
Commissioner Diaz de la Portilla: I disagree.
Chair Hardemon: Commissioner Reyes.
Commissioner Reyes: Yes, 1 was looking out for the distribution offunds, and 1 agree
with Commissioner Diaz de la Portilla that this is based on the poverty level since this
program, it is specific to target a population that is 60 years or over. I believe that it
would be a -- better metrics would be based on the population for each district, the
elder population, the senior population that each district has. I mean that will benefit
some districts more than other. Maybe I will get a hit, but I think that since what we
are truing to do is to be able to feed our senior citizens, then we should do this. I mean
and it is nothing wrong with what was done, the API which is the index of -- the
poverty index. But this would be just a simple recalculation, according to the census,
how many people which are over 60 or 65 in each district and then that's it. You see?
Chair Hardemon: Commissioner Reyes? I'm sorry, Commissioner Carollo and then
the Mayor.
Commissioner Reyes: Excuse me. Regarding what you just said and what you
proposed, Keon, I wholeheartedly agree, and I will support your idea of getting a
million dollars, an additional -- finding an additional million dollars for those, that
population that is suffering due to the virus. And at this time, they are either, I mean
particularly children, that are young people, since they are not in school, although the
school is providing meals, but if we can identify those persons that per district that
are suffering, we will provide food for them, too, if needed. But this is something else.
Chair Hardemon: Thank you, Commissioner. Commissioner Carollo and then Mr.
Mayor.
Commissioner Carollo: Thankyou, Chairman. I think that the discussion item that we
have is very clear that it's serviced to seniors for meals. And we couldn't go beyond
that. I do agree that this is different than the other monies that are allocated to each
of our offices and the breakdown. This is strictly for seniors. And it should be broken
down based upon where the seniors are at. And having said that, I'd like to bring all
of us to reality. We're dealing in very, very different times as we discussed earlier on
in our meeting. And went through the exercise with the Budget Director of what we
have in reserves, the shortfalls that we're going to have for next month, and who
knows into the future. So I would like to suggest that for the other areas of need in our
community that are not elderly, that are younger, that we try to use the monies that
each of us have allocated to our office on the API funds for food. I say that because
we don't know for how long this crisis is going to go on for. We don't know if it's
going to be a month, two months. God forbid that it goes on for the 18 months that
some have talked about. Because I don't know what we're going to have left of a city
or a country then. But we have to be cautious how we spend the money because if we
start spending it all on the front end we're not going to have any reserves if this
becomes a real long haul in the road. And we're not the federal government that we
could print money as we need it. We don't have that luxury or option. So, I would say
to be cautious how we start spending it now and let's go little by little on the
expenditure of dollars.
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Chair Hardemon: Mr. Mayor?
Mayor Suarez: Thank you, Mr. Chair. I agree that in the reapportionment of the funds
based on the fact that its supposed to address an elderly population. I also agree that
we probably need to have a special meeting to allocate another million dollars based
on an average population. I do agree with Commissioner Carollo's concerns about
our reserves, but he and I have talked about, you know, some, you know, expenditures
that are very necessary. I mean obviously testing is one of them --
Commissioner Carollo: Absolutely.
Mayor Suarez: -- where our FEMA reimbursement is going to be most likely coming
forward. But I think if you look at right now what this crisis represents Jroour
residents, right, AT&T and Verizon have said they're going to make
(UNINTELLIGIBLE) so cellular services and internet services will probably remain
up. FP&L (Florida Power and Light) has said they're going to remain delivering
power to people; they will not disconnect power. So when you start, you know,
melting away the expenses the two expenses that I'm concerned about is mortgages
and rents, which obviously, you know, even Senator Scott has made recommendations.
And I've written a letter with the Florida Urban Partnership which is the Mayor of
Orlando and the Mayor of Tampa urging the Governor to suspend mortgages and
rents, both, because that's what's fair; right? You know, if you're going to suspend the
rent you've got to also suspend the mortgage. If you're going to suspend the mortgage
you've got to suspend the rent so that everyone's equally affected. But I think the
biggest challenge for us is going to be, particularly if this gets extended, is feeding
people. If people cannot make a paycheck, and a lot of people live in our city
paycheck to paycheck, the big issue is going to be how are they going to pay for some
of these basic meals? And I think before we even think about economic stimulus,
which I agree with Commissioner Diaz de la Portilla, would probably happen at the
federal level, and there was just a stimulus package that was passed I think today, you
know, we've got to target in the very limited resources that we have, you know, getting
people the most direct, you know, benefit that we can. And I think what we've
demonstrated as a government is one thing that we are pretty good at, and we're
pretty efficient at, is delivering meals. They're inexpensive, they're very targeted, and -
- and they're very important in terms of the one thing that we need. So I would totally
be in favor of reapportioning this because I think it does -- it is a targeted group in
terms of the 65 and older, but I would also be in favor, and I've be happy to call
another meeting so that we can reapportion another million dollars. I don't think a
million is too much. I mean I don't think we're going willy-nilly, and I don't think
we're being irresponsible, but I do think that, you know, things can get pretty hectic
pretty quickly. And I remember from Hurricane Irma when we were without power, in
Day 9, things were out of control. And I remember Commissioner Carollo, you were
campaigning, and we were, you know, giving out water and ice. You know, things
were pretty apocalyptic. And so I do think that we have to focus and target. And I
commend our City Manager for getting our -- and Commissioner Reyes who's doing a
magnificent job. I've seen him on his social media feeding, you know, taking food
directly to people. But I do think we need to put a little bit of resources behind this.
Chair Hardemon: Well one thing that I want to say, Mr. Mayor, is that the difference
between how we react when there's a hurricane and how we're reacting now, at the
current moment, is that when there's a hurricane or the aftermath of the hurricane,
we're benefitting everyone. You know, there's older, younger, I mean there's not one
person that (UNINTELLIGIBLE) we miss.
Mayor Suarez: Agreed.
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Chair Hardemon: In this situation, you know, 1 think we're doing what we should do
as far as touching on seniors, of course, I just think that we need to go a step further
and we have the ability to do that. They need their stuff now. So that we can actually
effect the people who were also laid off from these jobs, who also don't have any other
benefit that's coming their way. And so I think the meals are one way you can go
about doing that.
Vice Chair Russell: I'd like to make a motion, Mr. Chair.
Commissioner Reyes: Mr. Chair?
Mayor Suarez: I totally, agree with you, and 1 think you're right, that we're going to
need, you know, I remember when you passionately pled jbr us to raise the poverty
initiative to the level that it's at, and I think this is a similar situation. We're going to
have to do a targeted amount of money. And by the way, I jOrgot to mention that I --
and this might help all of you, that just based on the spirit of cooperation that you all
have demonstrated, that I'm going to donate the Mayor's portion equally to all your
districts. So, you guys will have additional resources so that you guys can spend in
your district.
Commissioner Diaz de la Portilla: Well not equally. According to the percentage that
they come up with, right?
Chair Hardemon: You're recognized.
Commissioner Reyes: That's right.
Commissioner Diaz de la Portilla: Ask and you shall receive. Remember, Mayor.
Vice Chair Russell: I'd like to make a motion.
Commissioner Reyes: Hold up a second. Before you make a motion, may I interject
here? I do agree that we should set aside some funds that would be distributed in
order to help all the people that are in need. And specifically for food, you know, we
have to feed them too. But that should be reapportioned in a way that -- or to be
divided, using API. (UNINTELLIGIBLE) back, since this program that's been
developed to feed the elders, that it should go where the elderly are. And each district
should receive their portion according to the percentage of elders that they have in
the district. I agree with Commissioner Diaz de la Portilla, and some of us are going
to get a hit, some of the Commission is going to receive more money than what it is
stated here. But I think that it is just, and it is fair because if they have more seniors
than other areas they should be receiving more money.
Chair Hardemon: Commissioner Russell, you want to make your motion?
Vice Chair Russell: Thank you. Recognizing that my request to give flexibility to the
senior meal program is not going to be accepted, as well that a reapportionment
would mean less money even for the seniors within my district, I'd like to make a
motion to the effect of what we've been discussing, directing the Manager to identify
up to one million dollars that can be used for a food program. And to really study
deeply how it would be divided and allocated. API is the current measurement of
poverty in our city. We're going to be looking at an entire new landscape in a few
months based on who is out of a job and who is going -- who is crossing that poverty
line. And we don't know where that's going to be, and we don't know how to identify
them just yet. But at this point the motion would be just directing the Manager to
identify a one million dollar fund for a meal program that is not simply limited to
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seniors but can go across the spectrum. And work on and bring back a method of
identifying those who would need it.
Mayor Suarez: Mr. Chair, can I just ask a question?
Chair Hardemon: (UNINTELLIGIBLE) I'll recognize --
Commissioner Diaz de la Portilla: Did you second that? Did you second that, Mr.
Chair?
Chair Hardemon: Yes, I'll second it.
Mayor Suarez: I have a question because I think -- and I want to make sure I
understand the Vice Chair's motion, I think what we're talking about it and what there
seemed to be broad consensus on is that we were going to allocate a million dollars,
the current million that's on the agenda today based on the apportionment for senior
citizen poverty in our city.
(MULTIPLE PARTIES SPEAKING IN UNISON)
Chair Hardemon: No, no, that's not the motion. The way that it was explained by
Commissioner Diaz de la Portilla, as I understand, it's included in the motion.
Commissioner Diaz de la Portilla: I'm not in favor of the motion.
Commissioner Reyes: No, no --
Mayor Suarez: I just need clarity, because I thought we were --
Commissioner Diaz de la Portilla: Let me clarify because it's my item, right? So I'm
not in favor of the motion because the motion deals with a totally different issue.
We're in SP.2 now. SP.2 is about a senior meals program; a reallocation of those
dollars based on the API and the respective districts. That's what we're discussing
now.
Chair Hardemon: And that's capturing --
Commissioner Diaz de la Portilla: Commissioner Russell's motion is a totally
different issue and I'll not agree with that motion at this juncture right now. I think it's
outside the call of this special meeting. I don't agree with our City Manager, I don't
think we can make that. It's not on the table right now. I believe we --
Chair Hardemon: The reason --
Commissioner Diaz de la Portilla: -- already discussed it. We already went through --
Vice Chair Russell: I clarified my motion because I believe it is directly related to this
program and everything that's been discussed.
Commissioner Reyes: And if we --
Chair Hardemon: Commissioner, I want you to clarify the motion.
Vice Chair Russell: Thank you. The motion is being made for me to be supportive of
what you are looking to do with SP.2. That I'm bringing this motion to make sure that
funds are identified for those I'm trying to serve in my district. And citywide, honestly,
because recognizing that what's happening in SP.2 under your initiative,
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Commissioner Diaz de la Portilla, would not allow me to service hungry kids. It
would not allow me to service people that are newly out of a job. And I'm looking for
that flexibility. So this motion can correctly procedurally be brought during this item.
And once we pass that I will be very in support of what you're trying to do with regard
to reapportionment and holding it to seniors.
Commissioner Diaz de la Portilla: I think that it's outside the scope of the call of this
particular meeting. I disagree with you. I've already told you and I said publicly to
Commissioner Hardemon that I'm willing to support in a future item that you can
bring before this Commission, like I did now, the million dollar allocation. I will be
more than happy to support it. I think it's a very serious need that we have in our
community. But I think we need to wait to see what the federal government is doing,
what the state government is doing, and then we put together a good plan. I don't
think that usurping the intent of this motion right now with this unfriendly motion, so I
cannot support your motion at this juncture, Commissioner.
Chair Hardemon: So the part of the thing I want to clarify is that the first million
dollars that they're putting out there right now is being put into place without our
decision making. I mean this is something the Manager has decided that he wants to
move forward with, and he has the ability to do that because of the extraordinary
circumstances we find ourselves in. So he could also do the same thing with the
additional million to service other people (UNINTELLIGIBLE).
Commissioner Diaz de la Portilla: We don't need a motion for that.
Commissioner Reyes: If 1 may. If I may. What I've been arguing, and 1 think that it
was brought up, when I saw this division of the million dollars and I saw that it was
based on API, which is the level of poverty, I also had a question, you see? But now I
saw this, and I said well why don't we do it since it's for the seniors, why don't we do
it where the seniors they are more -- I mean where they reside instead of by each
district? This is -- this is targeted for seniors. This is targeted for seniors. If it's
targeted for seniors, we have to go to where they are. I mean and we have to divide it
according to the percentage that each district has. That is my opinion. Now, we --
Chair Hardemon: No, we agree with you.
Commissioner Reyes: Okay. And now what I want to ask Victoria is, if we, today, we
can make -- I mean add to this what the City Manager, he has all the right to do, I
mean don't think he needs the votes from us. Probably a directive to set aside a
million dollars and divide it according to API. And that's it.
Ms. Mendez: Okay, I'm very confused because I believe that this one million dollars
was already allocated a long time ago with percentages, or is this a new million
dollars?
Commissioner Reyes: No, no, this is a brand new million dollars that is going to be
allocated for meals for the elderly, for the seniors in our district. And in particularly
those seniors that they are -- I mean that some of them are homebound, you see? And
then we have to take them to them. And then this is -- this is totally, I mean this is
earmarked, earmarked for seniors.
Ms. Mendez: Right, but --
Commissioner Reyes: Just this first million dollars. The additional million dollars is
what Commissioner Hardemon was referring to in order to assist other people that
they are in a state of poverty because by the loss of jobs and revenues, that that
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million dollars will be used to provide meals for those people. And that's the one that I
have suggested that we divide according to their level of poverty.
Chair Hardemon: And what's what the motion is that Commissioner Russell has
made. I want to recognize the Mayor.
Mayor Suarez: I think -- I mean I don't want to venture into your guys' territory. I've
been burdened many times trying to do that. But I would argue that, you know, this
particular agenda item, we're in a Special Commission Meeting which confines the
discussion to the agenda at hand, about elderly meals. I think it's entirely appropriate
Jroyou all to dispose of the money in whatever way you think is more appropriate. If
that means reapportioning it based on elderly. 1 commit to Vice Chair because 1
understand where the Vice Chair's coming from and where the Chair is coming from,
that 1 would call a special meeting on an agenda that they can sponsor, right, similar
to the way that I called a meeting for the agenda that Commissioner Diaz de la
Portilla sponsored so that we can apportion that additional million dollars on the
basis of the regular API funding. Go ahead.
Chair Hardemon: Mr. Mayor, --
Commissioner Reyes: But I want -- hold on a second -- just one point of clarification.
I want to also clarify that those students, those students that they are not in school
now, Miami -Dade County Public Schools is feeding them, you see?
Mayor Suarez: I agree.
Commissioner Reyes: They are not going hungry. I want to clarify that. That we
cannot use this additional funds, I mean for those children. Those children, those
students are --
Vice Chair Russell: My motion is not about these funds, though. My motion, I'm not
trying to take from the senior funds, Commissioner.
Commissioner Reyes: No, no, no, no.
Vice Chair Russell: And Miami -Dade County is not handling their dinners.
Commissioner Reyes: No, no, no, I'm talking about the additional money that Mr.
Hardemon was referring to. No, no, I'm old but I'm not that confused, you see? I am
very clear on what I'm saying. I'm saying that this -- what was presented to us, this
million dollars, should be divided according to the percentage of elders in each
district.
Vice Chair Russell: That's fine.
Commissioner Reyes: The additional funds, the additional million dollars that was
proposed by Keon Hardemon, that -- I mean I agree with that, we need to help other
people that are suffering too. That we have to also take into consideration that every
children that is out of school is being fed by Miami -Dade County Public Schools. So,
we could divide that according to API or whatever. But what we are arguing today, it
is this million dollars, that it was divided to all the districts according to the
percentage of API. And Mr. Diaz de la Portilla -- Commissioner Diaz de la Portilla,
brought about this, that I agreed with him, that it shouldn't be -- the metrics, that it
shouldn't be that, it shouldn't be API, it should be the number of elders that live in the
district. That's it.
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Chair Hardemon: Commissioner Reyes, you know, my point is -- is that 1 agree with
you and in the motion that Commissioner Russell had stated he agrees with you there
as well.
Commissioner Reyes: That's right.
Chair Hardemon: I want to make a point of clarification that this first million dollars
that we're using to help feed our seniors, that money is not something that we had to
ever motion and a second and vote on to spend. Moreover, what we're doing right
now is we're clarifying what the Manager's already done. He's already identified that
money. He's already going to use that money to spend in our districts.
Commissioner Reyes: Okay.
Chair Hardemon: And so we're saying, look, let's change this to make it more
applicable to the senior populations that we have according to our poverty. And then -
- and so that's that first part. And the second part is this, that what I'm saying is that
the same way that the Manager created that first million dollars, he can do the same
with the second million dollars.
Commissioner Carollo: That's right, I agree with that.
Commissioner Reyes: I agree. 1 agree with that.
(MULTIPLE PARTIES SPEAKING IN UNISON)
Chair Hardemon: -- special meeting for it. Same thing.
Commissioner Reyes: Mr. Hardemon, --
Commissioner Carollo: No, we do not need a special meeting for it.
Chair Hardemon: Well, --
Commissioner Reyes: I, I, I agree with you --
(MULTIPLE PARTIES SPEAKING IN UNISON)
Commissioner Reyes: I agree with you. I agree with you, and I think that the only that
we have to do with this, I mean I agree that the Manager, he already allocated this,
and it doesn't need a vote to allocate this. But what I'm requesting from the Manager
is that the division be also -- the division be based on the number of the percentages.
And that's it.
Chair Hardemon: We agree.
Commissioner Reyes: I don't think that we need -- I don't know if we need, I'm not an
attorney -- I don't know if we need another meeting or not, but I agree with you that
we should allocate some funds in order to provide also meals for people that are not
seniors, and they are in need.
Chair Hardemon: Commissioner Carollo, the Mayor, and then Commissioner Diaz de
la Portilla.
Commissioner Carollo: Thank you. First of all, I think the Chairman is absolutely
correct that we do not need a special meeting, an additional special meeting, for
another allocation of a million dollars for food. The Manager can make that
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determination. Now, 1 also believe that based on what the law is and the limitations
that we have in special meetings, we cannot take up Commissioner Russell's
resolution at this time. And I don't think he should worry about it because the
Manager has heard all of us here tonight.
Commissioner Reyes: Correct.
Commissioner Carollo: Furthermore, what I'd like to be very clear on this, that
another million dollars besides the million that we have allocated to seniors, another
million dollars for food for everyone else, it's really a drop in the bucket compared to
the amount of dollars that we're going to have to spend through the course of this
whole ordeal. We're going to be spending a lot more money than the two million
dollars that we've been talking about. All that I've been saying is that we need to pace
it out. Because until we get a full budget from the Budget Director and the Manager
that we are working out the reserves that we have, other potential monies that we
could pick out and how we're going to be spending it in this crisis, we need to be very,
very careful. Having said that, if Commissioner Russell would be willing to withdraw
his motion, I would like to make one that 1 think would be in line with what everyone
else has been saying here.
Vice Chair Russell: Mr. Chair?
Chair Hardemon: You're recognized.
Vice Chair Russell: I --1 disagree with the legality of the procedural that we cannot
make a simple resolution directing the Manager to identify funds. It doesn't create the
program; it's simply directing the Manager to put the program together and create
the funds. And it certainly is in line with meals, in general. But even if it wasn't, we
could have taken it up in SP.4 in the progress of what's going in the City and what the
Manager's been working on. It's perfectly procedurally correct. I supported you in the
curfew, I'm supporting each of you in the reapportionment of the senior funds. I'm
simply asking for you to help me feed kids and send a message to our residents right
now that we are serious about it and we're going to do it. So I'm asking for your
support on a simple resolution directing the Manager.
Chair Hardemon: Mr. Manager?
Mr. Noriega: So, to ease any of the disagreement and potential angst or anxiety
around this issue, I actually don't need to be directed to address the additional million
dollars. I will do it, I will volunteer to do it, and I will take that on. But I want for --
just for a point of clarity, this million dollars that is being discussed now relative to
the elderly meal program as well as any additional money, the additional million
dollars will have to be approved by the City Commission at some point. I'm taking
action on this obviously as an emergency measure, but it will have to come back for
Commission approval at a future meeting.
Commissioner Reyes: Of course, yes.
Ms. Mendez: Yes, thank you.
Chair Hardemon: Understood.
Ms. Mendez: Thank you.
Chair Hardemon: Mr. Mayor then Commissioner Diaz de la Portilla. Can't hear you,
Mr. Mayor.
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Commissioner Reyes: Can't hear you, Mr. Mayor.
Mayor Suarez: 1 actually think we're all on the same page. You know, 1 think we're
kind of talking a little bit past each other, but I think we're all on the same page in
terms of the amount of money and where it should go. So I think the Manager, you
know, came up with a very good idea and I think that allows us all to proceed within
the confines of what our restrictions are and we can just move on.
Commissioner Diaz de la Portilla: So, we would need -- we would need
Commissioner Russell to withdraw his motion so that we can make --
Vice Chair Russell: Instead 1'd rather call the question.
Commissioner Diaz de la Portilla: All right, well let's call the question then. 1 would
recommend that you vote against it if you want to call the question.
Vice Chair Russell: I don't understand the logic of why you would vote against a --
Commissioner Diaz de la Portilla: Don't vote --
Vice Chair Russell: -- simple resolution directing the Manager to do something he's
already willing to do. It puts us on the record with how serious we are about it.
Commissioner Diaz de la Portilla: It's out of order because it's outside the call of
today's meeting. The Manager has already told you that he's going to look into it, he's
going to get the million dollars. I've already told you publicly, every Commissioner
has told you publicly, that we're going to help you and support you in that measure.
And the Mayor has told you he's going to support you on the measure. So if you
withdraw the motion as a courtesy to me because I'm the one that has to sponsor this
amendment, and then we move forward.
Chair Hardemon: Mr. Russell, certainly I'm your second on this, I understand all
points of view, I'm very happy that the Manager stood up and said that he will
allocate the dollars that -- for this program so we can get started. Because I want this
program to get started just as soon as we can get the program started for our seniors.
And so, you know, I'm going to take the Manager at his word, I'm confident that he
knows what he's supposed to do, and, you know, I'm happy to have the support of my
fellow Commissioners. I don't think we need to have a special meeting to address this.
I think we move forward with the Manager's proffer that he's going to take care of
this. We have other Commissioners' consent. And then when we come back to ratify
all these dollars in the future, then we should take care of it. So with that,
Commissioner Russell, I would also urge you to withdraw your motion so that it's just
clear on the record how we're going to move forward, and we won't have any
procedural issues.
Vice Chair Russell: Mr. Chairman, do you believe that this is a procedurally incorrect
motion?
Chair Hardemon: I don't think that it is, but, you know --
Vice Chair Russell: Then all we need is one more vote of someone who is willing to
put on the record, as a motion today, that we are taking feeding kids seriously, that we
have a crisis right now, and that we're just simply willing to vote on that, that that's
something we care about. It's innocuous in terms of it's not going to upset the meeting,
it's not an unfriendly motion, it's -- it's a very important thing that we really hadn't
considered up to now. I know we're working a lot with our seniors, and I respect that,
and I support that. I'm not trying to distract from the motion that's on the floor. And
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I'm supportive of all the changes that were discussed. But 1 would like a motion. If you
want to remove your second and that's the record, that's fine, but I'm not withdrawing
my notion because I really believe it is procedurally correct. We seem to all be in
support of it, I don't know why we can't simply just say yes and vote together to direct
the Manager. That's all.
Commissioner Diaz de la Portilla: Call the question.
Commissioner Carollo: He can't because --
Chair Hardemon: Did you say question?
Commissioner Carollo: -- the Chairman withdrew his second.
Vice Chair Russell: I didn't hear that specifically yet.
Commissioner Diaz de la Portilla: Well, do you withdraw your second, Chairman?
Chair Hardemon: I really don't want -- I want us to be all in one accord.
Vice Chair Russell: We've been very unified tonight. We've really supported each
other on the things we care about.
Commissioner Diaz de la Portilla: You have four people that are disagreeing with
you.
Vice Chair Russell: I haven't heard from everyone. I heard Commissioner Reyes said
that he's actually' very supportive of the concept.
Commissioner Reyes: Let, let me --
Commissioner Diaz de la Portilla: Well people are disagreeing with the way you're
proceeding, not with the idea. Everybody's in agreement with the idea, but it's the
wrong place at the wrong time. The Manager already giving his word that he's going
to --
Commissioner Reyes: I, I --
Commissioner Diaz de la Portilla: -- the Mayor said the same thing. Every
Commissioner has supported you. There's no reason to be stubborn on this. Withdraw
your motion and let's be unified and let's vote for the reallocation of these dollars for
our seniors who are in desperate need of our attention now.
Mayor Suarez: Can I --
Vice Chair Russell: This has nothing to do with the seniors --
Commissioner Carollo: Can I --
Vice Chair Russell: This is not taking away from them at all.
Commissioner Carollo: Can I --
Chair Hardemon: Commissioner Carollo then the Mayor.
Mayor Suarez: At the risk of interjecting at the wrong moment let me just, let me just
say that we may not need to vote on either of the two.
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Commissioner Reyes: Absolutely.
Chair Hardemon: Any of them. I don't think we have to do it on any of them.
Mayor Suarez: Right.
Commissioner Reyes: That's right, we don't need to vote them.
Mayor Suarez: Right, and so I think what has happened here -
sonaebody's --
Vice Chair Russell: We didn't have to vote on the curfew. The
done that unilaterally.
Commissioner Reyes: Guys, guys.
- let me just, because
Manager could have
Mayor Suarez: I know, but we're at a stalemate here and this is, what has happened
here -- what has happened here is that there are two sets of million dollars. One of
them is going to be allocated in the way that the Commissioner, Alex Diaz de la
Portilla, directed. The other one is going to be allocated in the normal API fashion.
Unidentified Speaker: (INAUDIBLE).
Mayor Suarez: Your Manager has agreed to do it. We don't need a special meeting,
like Commissioner Carollo said, we don't even need a vote. Everybody agrees, nobody
disagrees. Everybody gets credit equally for these wonderful ideas and mostly what's
important is that our residents get credit for -- for the funds that are going to be
needed to feed them in this critical time.
Chair Hardemon: I agree with you, Mr. Mayor. Commissioner Alex Diaz de la
Portilla?
Commissioner Diaz de la Portilla: I agree with what Commissioner Russell wants to
do, in principle. I don't necessarily agree with you, Mr. Mayor, that we don't need a
vote because we may need to allocate the million dollars Commissioner -- I'm sorry,
Vicky -- City Attorney Vicky said, Mendez, that we need a vote to allocate the million
dollars. Eventually. And I think that --
Ms. Mendez: It's not --
Commissioner Diaz de la Portilla: -- (INAUDIBLE), right?
Ms. Mendez: Right, eventually.
Commissioner Diaz de la Portilla: (INAUDIBLE). So eventually we're going to need
to vote to allocate this million dollars. So that's what's on the agenda today, we can
vote on it now, dispense of that vote, and then we move on. Now he can, the Manager
can come up with another million dollars and to allocate the million, he can do it the
same way, according to the API, but eventually he's going to need a vote on that too
for the Commission to allocate the million dollars, that additional million dollars. So I
think that's kind of the procedural situation we're in.
Chair Hardemon: But, but --
Commissioner Diaz de la Portilla: We're all in agreement that we need two million
dollars --
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Commissioner Reyes: What the --
Commissioner Diaz de la Portilla: -- but what's on the agenda today -- let me finish,
Commissioner, please. What's on the agenda today is the first million dollars, the
reallocation of that million dollars. And by the way, Mayor, we're going to need a
little clarification because I thought it was 1.2 million, but that's a -- we can have that
conversation. Because I thought it was -- it was --
Mayor Suarez: I commit to, in both my shares, in both pots of money, to distribute it
according to the method with which you all are distributing the underlying monies.
Commissioner Diaz de la Portilla: Okay, that's excellent. So that's what's on the
agenda today. We vote that out to make sure that we already allocated so we don't
have to come back and allocate it later on. And then we have the Manager come back
at a particular meeting to vote to allocate the additional million dollars that we're all
going to support Commissioner Hardemon and Commissioner Russell, on because we
think it's a good way to do it. We would have the advantage of having seen what the
federal government has done, the state government has done, and we'll know where to
best allocate that million dollars, instead of now doing it and not knowing where
we're going to put it on top of everything else. So this is something that's been
introduced at the last minute that's very important, that needs to be discussed, and
that we're all in favor of but this is not the right time or the right place to do it.
Mayor Suarez: But just to be clear that the money will be, according to our direction
here and our agreement, even though the allocation vote will take place later, the
money will be identified immediately --
Commissioner Diaz de la Portilla: Yes, sir.
Commissioner Reyes: Yes.
Mayor Suarez: -- at the disposal of the Commission, immediately, so that
Commissioner Russell can fulfill his priority immediately --
Commissioner Reyes: Absolutely.
Mayor Suarez: -- (INAUDIBLE) vote at some later date.
Commissioner Diaz de la Portilla: Yes, correct.
Commissioner Reyes: Yes, correct.
Chair Hardemon: I think that's part of the (INAUDIBLE) --
Mayor Suarez: I want him to be comfortable that his initiative, which he fought for, is
one that's going to be fulfilled according to the Manager's promise. And that the kids,
you know, the objective that he's seeking to achieve today will be achieved today.
Commissioner Diaz de la Portilla: Yes. Yes, but -- but the allocation may be different
months from now or a month from now when we get the federal package, and we find
out that money is going to kids or money is going here. So we don't worry specifically
what he wants to do but what segment of the population gets it.
Mayor Suarez: I just want to (UNINTELLIGIBLE) --
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Chair Hardemon: Reimbursement - reimbursement is a different thing. You know,
what we're talking about is ratification of the actions that the Manager will have in
the future. That's what we're going to get in the future. When we look back and we
say, listen, we spent $500,000 more in police, we spent $300,000 more in Fire, and by
the way we spent $2 million in meals. And so we could ratify those expenditures and
we could do that. The reimbursement of those is a completely, different animal. But
those are things that we're obviously going to be preparing ourselves for and
pursuing. So, I don't want to get lost on the idea that Commissioner Russell has and
that you have, Commissioner Alex Diaz de la Portilla. That's why I just want to
remind everyone that this -- this expenditure, both monies can happen without our
direction. And I think the direction that we're giving is important because we're
saying, look, we appreciate what you've done with that first million dollars to allocate
it towards our seniors, but we think you should reapportion how you spend that
money. 1 agree with you, Commissioner Russell will agree with you there, especially if
you're saying you're fine with the new allocation of the million dollars to go towards
helping those who are affected by -- who are other than seniors. Helping those who
are affected. Which really means that there's less money over that age group, that
population. So, you know, they're not actually as proportionate. And so what that
means is that if Commissioner Russell has that understanding, he has that peace of
mind, and so will 1. And then we can just move forward. So I think even if we voted on
his motion, it would be fine. Even if we decided not to have any motion at all, it will
be fine. As long as the Manager moves forward with what he said he would do.
Commissioner Reyes: Mr. Chair?
Chair Hardemon: Yes.
Commissioner Reyes: Mr. Chair, I think that we are here, as the Mayor said, we are
on the same page. We all agree that we, that we have -- that we have -- the Manager
said -- he said it, it's very clear, that he is going to ident another million dollars
and it's going to be used the way that Commissioner Russell, it is -- I mean it's going
to be divided according to the API, poverty level. I understand Commissioner
Russell's frustration and his desire to have some funds to help his people. I do
understand because by dividing it the way that it should be divided, he doesn't have
the amount of the percentage of elders that -- of other districts, like you,
Commissioner Carollo and Commissioner Diaz de la Portilla and myself have. And he
wanted to make sure that he is going to have some allocated, some funds, that he
could allocate to those people in his district that needs money. And I agree with him.
And I promise you that I will vote for you. I mean I will support you in this. But the
problem is' the procedural now according to the City Attorney and according to Diaz
de la Portilla --
Vice Chair Russell: I haven't heard the City Attorney say that yet.
Commissioner Reyes: Well, I mean procedural now, there is some sort of conflict
there. But I promise you this, you have my support, you and Hardemon, if you bring
that up, that million dollars. And if the Manager doesn't bring that money up, I mean
doesn't identify it and brings that money, I personally will ask him, and I will join
forces with you guys in order to get it, you see? And it is not -- I don't think that this
discussion right now is necessary because the Manager already stated that he is going
to set aside a million dollars to be divided according to what you and Commissioner
Hardemon wants. And I trust him. And I trust him, and I trust his word. And I want to
make, I mean you want assurance, you have my assurance that I will back you up and
I will be after the Manager to do that, you see? But we don't need this conflict here.
Yes.
Chair Hardemon: Mayor?
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Mayor Suarez: 1 just want to reiterate what Commissioner Reyes just said. You know,
the money will be available, the extra million dollars, will be available immediately
pursuant to Commissioner -- Vice Chairman Russell's direction. And with the --
without the limitations of --
Commissioner Reyes: Absolutely.
Mayor Suarez: -- the first million dollars going to a very discreet population that is on
our agenda today. And so that is going to be your initiative, Vice Chair and Chair,
and you know, that will begin effective immediately. Whatever actions we have to
take retroactively to support it, I think everybody here unanimously agrees on that.
Commissioner Reyes: Yes.
Mayor Suarez: Let's just move forward, let's get to the next item on our agenda. It's
almost midnight. Let's -- let's move on.
(MULTIPLE PARTIES SPEAKING IN UNISON)
Chair Hardemon: (INAUDIBLE) is going to interrupt us because he has to flip the
tape as he likes to call it. So we have to have just a few moments of silence while he
prepares the next tape for recording what we're doing.
Mayor Suarez: Well we can finish the last item in four minutes. Because 1 think we
can do that.
Todd B. Hannon (City Clerk): Well if you can get it done by 11:59, Mr. Mayor.
Commissioner Diaz de la Portilla: I think we can.
Commissioner Reyes: I think we can. Let's go over, I mean we don't need to vote this,
right?
Chair Hardemon: Commissioner Russell?
Commissioner Diaz de la Portilla: I want to vote -- I want a motion on what's on the
agenda, SP.2, today. I want to vote on reallocating those dollars. Just to be clear and
we have no doubt that we codes today. I want to vote on that.
Commissioner Reyes: Okay, I will move that.
Vice Chair Russell: Commissioner.
Commissioner Reyes: Hold on a second. I will --
Vice Chair Russell: I'm sorry. There's a motion on the floor.
Mr. Hannon: Yes.
Commissioner Reyes: Oh, okay.
Commissioner Diaz de la Portilla: Well there's a notion, as soon as he -- let's
dispense of that motion, which whatever way the Commission decides, (INAUDIBLE)
withdraw it, and then we'll just take the other motion up and bring this -- wrap this
baby up.
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Chair Hardemon: Commissioner Russell?
Vice Chair Russell: All right, I'm going to make one last try here for unity. And I'll tell
you why. If we come out of this meeting tonight with a simple vote on a curfew, we're
telling our residents -- what they wake up tomorrow in the news, we're telling them
what they can't do. And -- and what we need to -- one of the reasons we're having this
meeting tonight is to project to our City the confidence and the positivity that we are
taking the right steps and actions to take care of our residents. We need to give them
that confidence. And so coming out with the carrot and the stick to say what we --
what we are being strict about, but then also how we're helping and how we're going
to be there. And we need to be unified. We need to support each other. I do believe the
Manager is going to of course move forward with this. But 1 also want the message to
our residents on something that is very important, and I've submitted to the record the
article that I mentioned earlier by Udonis Haslem, because it is very important, and I
hope you read it if you haven't already seen it. And so it would be very simple, you
can withdraw your second and the motion will die for lack of a second. Or we can
simply vote on the item, vote on Commissioner Diaz de la Portilla's item, and support
each other and move on with very positive messages for our residents. Not only for
seniors but for those who are out of a job that need that message right now. That need
to hear from us with a motion, a second, and a unanimous vote that we care about
these residents, and we are going to be there. Not through there was a promise by the
Manager about a future thing.
Mr. Hannon: I do apologize. (INAUDIBLE).
Vice Chair Russell: It's very simple to pass this resolution --
Mr. Hannon: I do apologize. (INAUDIBLE).
Vice Chair Russell: If it does die for lack of a second --
Mr. Hannon: -- recess the meeting --
Vice Chair Russell: -- I won't be supporting the other motion.
Mayor Suarez: (INAUDIBLE).
Chair Hardemon: Flip the tape.
Mr. Hannon: Chair, if we could go into recess. Thank you. Okay, we can stop the
recording. Stop the recording.
[Later..]
Chair Hardemon: I think we are back live, so I'll recognize the Vice Chairman to
finish his comments.
Vice Chair Russell: Thank you. And I'll just finish up. I would like to support
Commissioner Diaz de la Portilla in his initiative to reapportion the seniors' funds,
but that is taking -- that is taking money and food away from the seniors in my
district. So I'm fighting for not only them, but for the entire concept here. And so I
think we can do this. So here's -- here's my proposition to you. If Victoria -- if our
City Attorney tells us that we legally cannot niake a motion simply directing the
Manager to identify some funds for a program, then I will withdraw my motion. But if
it is a legal motion, procedurally, then I will ask jrothe Chairman to reinstate his
second and jroCommissioner Reyes to vote with me on this program. I know you
support it; I know this is a good concept and I'm trying to be helpful with your
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initiatives and protect my residents as well. So, I'm asking for your support so that I
can support you. Because if this dies for lack of a second, I will not be supporting the
reduction of funding for the seniors in my district.
Commissioner Reyes: Yeah, Commissioner, Commissioner. I mean, this is not going
to be tit for tat, you know what I mean like that. If -- I told you that I support that --
your motion and -- and Keon Hardemon, the initiatives it was -- I mean, point well
taken. We need to help some of people in the district, in everybody's district. That you
won't be able to feed your elders, that's not true. You're going to feed the elders
according to the number of elders that you have, okay. This is -- it was an -- an
initiative from Keon Hardemon that -- that we should include the children and other
people. Now 1 agree with you and I'm going to make a deal with you. If the Attorney
says that we can do this, I'm going to vote for your motion. Okay. If she says we
should wait and we don't need a motion, we don't need because the City Manager is -
- it is -- a promise that -- then I won't vote for your motion. But what I want,
Commissioner, you see, I want you to understand that all this conflict it is not needed.
This discussion is not needed. We have the word of the City Manager.
Vice Chair Russell: (INAUDIBLE) support each other.
Commissioner Reyes: We have the word of the City Manager, that it clearly has stated
that he is going to set aside a million dollars that is going to help you. That statement
that you made that you won 't be able to feed your elders, it is not true. So that is --
Vice Chair Russell: 1 didn't say that.
Commissioner Reyes: Yes, you did.
Vice Chair Russell: I didn't say I won 't be able to feed them.
Commissioner Reyes: Well, sir, that --
Vice Chair Russell: It's a reduction -- it's a reduction in the funding for them and I
(INAUDIBLE) --
Commissioner Reyes: Well, it is a reduction of the funding because everybody is
going to be funded according to the percentage of elders that they have, you see. I
mean, some people have more, some people have less. But you're not going to get
nothing more because or nothing less, it's according to the amount that you have,
Commissioner.
Vice Chair Russell: Madam City Attorney?
Commissioner Reyes: And now what I'm saying -- what I'm saying is this, you see.
That appeal to the emotions' that you are doing right now, you see, it's -- it's -- I mean,
it sounds real good, but it's not real. What I'm saying -- what I'm saving is if the City
Attorney says that we don't need a motion, then we don't vote on it. And but if she
said, okay, let's do it and -- in order -- I mean, we have to end this -- this argument
that everybody agrees on both sides, you see. But now you want a motion for -- I
mean, for a resolution --
Vice Chair Russell: You're putting me in a position to vote for a reduction in the
funding (INAUDIBLE) --
Commissioner Reyes: I'm not putting you in any position --
Commissioner Carollo: Listen, vote against it if you want, but we have to move on.
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Vice Chair Russell: I'm ready to do that.
Commissioner Reyes: Listen, listen.
Commissioner Carollo: We have to move on tonight.
Commissioner Reyes: I was -- willing to --
Commissioner Carollo: And we have really the most important item that's left.
Commissioner Reyes: Okay. Hold on a second, Commissioner Carollo, please. I was
going to vote for you, I was going to support you. Now you are -- you are taking the --
1 mean, the role of the victim that we are victimizing you and --
Vice Chair Russell: No, no, no, no.
Commissioner Reyes: And that is not true. That is not true.
Commissioner Diaz de la Portilla: (INAUDIBLE) is what it is.
Chair Hardemon: Let me do this, let me do this. Let's hear -- let's hear from our City
Attorney.
Commissioner Reyes: Yes.
Chair Hardemon: Let's hear from Vicky about our point of contention here. Madam
City Attorney?
Ms. Mendez: So a couple things I just need to say this. We are on Item SP.2, correct?
Commissioner Diaz de la Portilla: Right.
Ms. Mendez: Okay. So Item SP.2 has to do with the senior's item. It's what's voted on
for the senior's item, that's the vote that needs to take place. However, Vice Chairman
Russell is correct, if you reopen SP.4, he can make this motion under SP.4.
Commissioner Diaz de la Portilla: But he needs a vote to reopen SP.4 because we've
already dispensed of SP.4.
Chair Hardemon: We haven't. It was just a discussion item. I wasn't thinking we --
(MULTIPLE PARTIES SPEAKING IN UNISON)
Chair Hardemon: It was all discussion.
Ms. Mendez: However --
Commissioner Diaz de la Portilla: Do you want to play by the rules or do --
Ms. Mendez: No motions -- no motions are needed based on everything that you have
discussed and what has been said by the Manager. So, unfortunately you all have to
decide whether you want to go forward, but this item can be heard under SP.4, based
on Commissioner Russell's request. SP.2 has to do with the senior's item.
Commissioner Diaz de la Portilla: So his motion is out of --
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Ms. Mendez: So 1 hope that clarifies something. But you don't need any motions
anyway based on everything that's been discussed and emergency powers of the
Manager.
Commissioner Reyes: Okay. That's it. That's it.
Vice Chair Russell: All right. In that case -- in that case, before I withdraw my
motion, I'm going to say though tomorrow I have to face my residents, my voters with
-- with how I voted tonight, and to send a message to them that I'm voting to reduce
their fimding is not the message I want to send. To send a message that I'm voting to
increase the funding overall for how we're feeding people is the message I want to
send. So, I will withdraw my motion. I will support you, Commissioner Diaz de la
Portilla, and then I will make a motion to reopen SP.4 for a simple motion directing
the Manager to identify a million dollar fund to help increase the feeding program.
That's all.
Commissioner Reyes: Mr. Chair, I want to clarify something because I -- I mean, I
may have an accent, but do understand what's going on, you see. I understand very
well and -- and I said before I don't hear with an accent. You see, you are trying to
make us believe, or the people believe, that we are reducing the funds that were
available for you to feed the people. In the first place, the funds are to feed the
elderlies. It's to feed the elderlies. And they're going to be fed according to the
percentage that you have in your district. It is just like if I said 1'rn going to feed
everybody that is blonde, and the people that is brunette they're not going to get
anybody -- any money. You see, this is for the elderlies, and you are taking that
victiming [sic] --1 mean, position --
Vice Chair Russell: I'm not a victim.
Commissioner Reyes: -- that we are -- hold on a second. That we are taking money
away from you. We're taking -- what we're doing is redistributing the funds
according to the need of each district. Now, when this additional fund that it is a
million dollars, it is going to be divided accordingly to the poverty level of each
district. So let's call a spade a spade. I mean, let's be clear what we're doing here.
We are not victimizing you or your people. You can tell your people you know very
clearly when you go back there, listen, we are feeding all elders, and I supported an
additional million dollars that is going to be divided amongst the poverty level and
I'm going to get some funds to help you. That's it. And you did your job and that's it. I
mean --
Chair Hardemon: Mr. Mayor?
Commissioner Reyes: I can't hear you, Francis. I mean,. Mr. Mayor.
Mayor Suarez: Sorry. I think the story needs to be that we all collaborated together --
Commissioner Reyes: Yes.
Mayor Suarez: -- to identify two million dollars. A million that are going to be
targeted towards our seniors based on the population of seniors and another million
that's going to be targeted based on our API funding to the rest of the City. It's a
victory for all of us.
Commissioner Reyes: Absolutely.
Mayor Suarez: (INAUDIBLE) falling into bad habits and go back to -- you know, one
of the things that everyone has been talking about in a positive way is how
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collaborative we all have been with each other. And -- and let's not break from that.
You know what 1 mean? First of all, it's too important a moment, there's too much at
stake, we need to get this moving right away. I think your advocacy, Vice Chair, has
been pivotal because we walked in here with a million dollars, we're walking out of
here with two million dollars.
Commissioner Reyes: Two million dollars, I mean.
Mayor Suarez: For your residents and for the elderly in our community, the
Manager's committed to it and I will hold the Manager's feet to the fire. I know that
you trust my ability to do that. And then you can sponsor an item allocating those
finds and I will -- if you want it on a special meeting and you insist 1 will -- I will call
a special meeting, just like 1 did for Commissioner Diaz de la Portilla who asked that
a special meeting be called because we couldn't get a quorum for this meeting, and
I'll be glad to do it for you.
Commissioner Reyes: And I would second his motion.
Commissioner Carollo: Chair? Chair?
Chair Hardemon: Yes.
Commissioner Carollo: Mayor, well said. We have to move on to the most important
item that we need to hear from that's a life and death item on testing.
Commissioner Reyes: Yeah.
Commissioner Carollo: I -- I really have heard enough of this. I don't know why
Chairman Russell -- Vice Chairman Russell is taking this attitude when we have the
situation and the emergency, that we have. He's gotten everything that he wants. He
just wants to vote. He wants to vote so he can say, I did this.
Vice Chair Russell: We.
Commissioner Carollo: And this is --
Vice Chair Russell: We.
Commissioner Carollo: -- not what we should be doing. And you've done this in many
other meetings before. You've heard from all your colleagues, you heard from the
Mayor, and you keep wanting -- I mean, we've been going at this for over an hour just
because you don't want to listen, and you want to get your way. And this is not about
you, it's not about me, it's not about Diaz de la Portilla, it's not about the Mayor, it's
not about Reyes, or Hardemon, it's about working as a team like we've been doing at
this. And you're getting an extra million dollars. Everyone's giving their commitment
to it. Why do you keep doing this?
Vice Chair Russell: A simple resolution. Victoria said under SP.4 the resolution --
Commissioner Carollo: So we could discuss --
Vice Chair Russell: -- would be legal.
Commissioner Carollo: -- that the testing that our people need. Our people needs
[sic] testing so we could find out who's got the virus, who doesn't and separate the
healthy from the ones that are not. So if-- if I could implore in all of you just to put
this aside already so we could move on to the last item.
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Commissioner Reyes: I'm ready. I'm ready.
Mayor Suarez: And -- and Vice Chair, I want you know this is a huge victory for you.
You have passionately pled, and we have all agreed that the people of your district
deserve at all age levels to be fed and we all agree. So that's going to happen based
on your advocacy, based on your leadership, and it is a credit to you and your
advocacy and we're all agreeing with it. So let's move on because we do have one
other item and then let's -- let's get going so we can go to bed.
Commissioner Reyes: Yes. And you need your rest, Mr. Mayor.
Mayor Suarez: Yeah, my lights keep flickering up here. People are asking what's
wrong with my lights. 1 promise 1 can't go out and buy new lights and put them on.
That's the issue. I'm --
Commissioner Reyes: I thought that was a signal for you to go to bed.
Commissioner Diaz de la Portilla: There they went again.
Commissioner Reyes: Okay.
Vice Chair Russell: Will -- will you support me on a motion if 1 withdraw and do it
properly as Victoria said. We'll go through the rest of the meeting. I'll support Diaz
de la Portilla with his efforts to reapportion --
Commissioner Diaz de la Portilla: Commissioner?
Vice Chair Russell: I'll support everything of course having to do with testing.
Commissioner Diaz de la Portilla: I already --
Vice Chair Russell: Can we just have a motion on the record?
Commissioner Carollo: You can't hijack a meeting like this, Ken. You really can't.
Vice Chair Russell: It's legal. Victoria has said that it's legal.
Commissioner Carollo: You're hijacking this meeting.
Commissioner Diaz de la Portilla: No, Commissioner. It's not going to happen. You
want to vote on your motion. You'll put yourself in a place to voting against seniors. If
you want to vote against seniors being fed throughout this, you can go ahead and do
that. You 're voting against seniors being fed.
Vice Chair Russell: You're voting against kids if you want to put it that way.
Commissioner Diaz de la Portilla: Well that's exactly what you're doing. You're
trying to put --
Vice Chair Russell: I'm not saying that about you, but you're saying that about me.
Commissioner Diaz de la Portilla: Then vote against it --
Vice Chair Russell: Let's work together.
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Commissioner Diaz de la Portilla: You're being petulant, you're being ridiculous.
Everybody's telling you we're with you and you keep on insisting because you can't
win.
Vice Chair Russell: Then support me. It's very simple. It's a legal motion. Just
support me.
Commissioner Diaz de la Portilla: There's no legal motion. You -- you want to vote
on your motion? We'll vote it down and we'll move on.
Vice Chair Russell: Okay.
Commissioner Diaz de la Portilla: But you're not getting a vote on any motion
because you didn't put it on the agenda.
Commissioner Carollo: Gentlemen --
Commissioner Diaz de la Portilla: (INAUDIBLE) motion.
Commissioner Carollo: -- can we -- Chairmen? Chairmen?
Chair Hardemon: I'm listening, sir.
Commissioner Carollo: Both you, the Mayor, and 1 are in agreement that we don't
need a vote on anything here on having to do with food, whether for the senior or for
anybody else. Can we move on to the next item --
Chair Hardemon: So, Commissioner --
Commissioner Carollo: -- so we can hear from the Manager and get to the meat of the
most important things that people want to hear about? What we're doing about
testing. So that we can finish this meeting tonight.
Chair Hardemon: Commissioner Carollo, I would agree with you there. I think that
Tye can -- we can move forward. If no vote is taken on any of the two items that we just
listed. Only the two that we just discussed --
Commissioner Carollo: That's what I'm saying right now.
(MULTIPLE PARTIES SPEAKING IN UNISON)
Commissioner Diaz de la Portilla: I agree with that. Yes, we can do that, but then we
would allow the Commissioner to hijack a meeting, for political purposes to make a
demagogic point. That's what we're doing. We're allowing this --
Vice Chair Russell.• I don't think the name calling is necessary.
Commissioner Diaz de la Portilla: -- (INAUDIBLE) is wrong. The shear
demagoguery he's engaging in here.
Vice Chair Russell: Not at all. Not at all.
Commissioner Diaz de la Portilla: If you want to bless that action and accept that and
-- the hijacking a meeting in this way that's been going fine, then you accept it. It's
just a wrong thing to do, Commissioner. And you know what, your constituents should
be ashamed that they have you as their commissioner.
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Vice Chair Russell: That's really low. That's really low.
Chair Hardemon: Oh my God.
Commissioner Carollo: Chairman, again
Chair Hardemon: So, Commissioner Carollo, I would agree with you. I would say
that we don't -- we don't have to take a motion on any of these, both items which are
being advocated for that we all agreed upon, we don 't have to have any action by us
to move forward. So we can move on to the next agenda item. If we're not going to
have any action move forward, then I'll withdraw nay second. We do not have any
action and then we can just move forward with testing.
Commissioner Reyes: Let's move forward.
Chair Hardemon: So I'll withdraw my second --
Vice Chair Russell: Then I'll withdraw.
Chair Hardemon: -- motion dies for a lack of second and then we would move on to
the testing procedures.
SP.3 DISCUSSION ITEM
7351
Commissioners
and Mayor
A DISCUSSION REGARDING THE CITY OF MIAMI'S MARLINS PARK
TESTING INITIATIVE.
RESULT: DISCUSSED
Chair Hardemon: So we're moving on to discussion regarding the City using Marlins
Park testing initially.
Commissioner Diaz de la Portilla: SP.3 was put on the agenda, Commissioners and
Mr. Mayor, to have a discussion about our participation with Miami -Dade County
with the Marlins Park testing site. I was -- kind of wanted to get an update from our
City Manager how much of the testing is for Miami residents and how we're -- how
that's corning along to kind of sort of get an update. It is a -- an expense and a use of
City of Miami funds and I want to make sure that we're testing City of Miami
residents. That's why it was put on the agenda.
Commissioner Reyes: Good point.
Commissioner Diaz de la Portilla: So, Mr. Manager,, I would like to hear from you to
see how many people we've tested, how many are City of Miami residents at Marlins
Park.
Chair Hardemon: I'll also recognize the Mayor.
Mayor Suarez: If I could just add to that, we also have a mobile testing program and
I'd like, for our Manager to also update us on that as well if you don't mind.
Commissioner Reyes: Yes.
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Arthur Noriega (City Manager): So I'm going to allow the Fire Chief to give you the
numbers. We have updated numbers as of the end of what we call our business day
today. And that way he can kind of update you on how much has been processed at
Marlins Park, as well as how much we processed at our mobile --
Mayor Suarez: And, Mr. Chair, ifI can also add one -- one more thing. Commissioner
Diaz de la Portilla, if I can add one other thing. I know Commissioner Carollo and I
have been working very hard on getting a second testing site in Liberty City in Hadley
Park and so if we can get an update on that as well.
Commissioner Carollo: Okay.
Mr. Noriega: Certainly. Chief?
Joseph Zahralban (Fire Chief): Are you --
Mayor Suarez: Huge echo.
Victoria Mendez (City Attorney): Chief you're in.
Mr. Zahralban: Can you hear me?
Chair Hardemon: He may have two devices.
Commissioner Reyes: I think the computer wants to go to bed too.
Mr. Zahralban: How is that? Is that better?
Commissioner Carollo: Yes.
Commissioner Reyes: Yes.
Mr. Zahralban: Mayor, Chairman, Commissioners, good morning. I'll give you an
overview of each of the testing areas and -- and let you know about the newest
developments. Can everyone hear me okay?
Vice Chair Russell: Yes.
Mr. Zahralban: Okay. First and foremost, we have two static sites that we are
working on. The first one, as you all know, is Marlins Park, and the issue with
Marlins Park is it is completely built out. It has an estimated capacity of
approximately what we believe up to a thousand people. However, we are, as you all
know, limited by the testing kits that have been made available. We're working
through a partnership with both Miami -Dade County and Jackson Memorial Hospital
and that has been the limitation thus far. Mr. Mayor and Commissioner Carollo, you
are very, well versed on the fact that we are looking at the Hadley Park site, and that
site is -- the contract has been executed. We met with the third party contractor today
and we did a walkthrough of the site, we identified some potential areas of concern,
some potential weaknesses, but all in all that process is moving forward. I do believe,
however, that the -- the greatest success story that we have thus far is the mobile
testing units, and it is more than just a mobile testing unit. For some time now, the fire
department, the Department of Fire Rescue, has struggled with the -- the topic of and
-- the -- the philosophy of community paramedicine. And that is essentially getting out
into the community and being able to provide services to the community over and
above the typical 911 service that we provide. Now this -- this situation, this
unfortunate situation has provided us the opportunity to employ that community
paramedicine model and it has been working quite well. We've been able to develop a
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-- a call system. We've been able to have probably in the neighborhood of 2,000 calls
come in a day. Many of those have to be screened because they are coming in from all
over the place, at least on the first couple days they did. We're starting to iron some
of that out. But the true success in this story is the fact that we are able to reach
seniors who are in the affected categories, meaning they are 65 years of age or older,
they might have some underlying conditions that -- that make them more vulnerable,
and most importantly they are typically not mobile. So we are able to get out to them
in their homes and we are able to conduct these tests and we are able to send them off
to the lab and give them results in a reasonable period of time. But it doesn 't just stop
there. We also follow-up with these seniors, we check back -- we will be checking
regularly as to the progress of any potential signs and symptoms, and what that does
for us is it allows us to monitor them and get them the care that they may need before
it gets bad enough where they need to call 911. Why is this important in our senior
population? Because it allows us to address their signs and symptoms, provide
support of care to them because we recognize that the seniors decompensate quickly.
They end up in the hospital quicker than the average citizen, so that's why the
monitoring of these seniors is so important. Let's speak about numbers for a moment.
The numbers at Marlin Park, today as an example, we processed 264 samples
throughout the day in Marlin Park. Now as I said, we believe we have a capacity
that's up to a thousand people per day, however, we are limited by the sample kits
available.
Commissioner Diaz de la Portilla: Can 1 interrupt?
Mr. Zahralban: (INAUDIBLE) testing units, those again being limited by available
samples, have a great capacity to increase production because all 1 need to do is
continue to add mobile units to increase the -- the volume of production and the
efficacy of the program. But it's important to point out that the -- the environment that
we find ourselves in is changing on a daily basis and we had two significant
breakthroughs today that are noteworthy. The first breakthrough that we've had was
the fact that I had a call with the vice president of the national lab that we're using,
BioReference Labs, whereby they provided us with 2,000 sample kits that we would
take swabs from the community and, you know, provide that to the lab so that they
could test those samples. The contract allowed for 20,000 samples to be tested.
However we were only provided 2,000 swab kits and that was only an effort to get us
up and off the ground, get us moving and the responsibility to replenish those kits was
on our shoulders. We only had the commitment from the company for the initial 2,000
and then we were on their own. After a discussion with the vice president today, the
vice president agreed that they would continue to supply us with the 2,000 that we
have on a rotational basis as we turn them in, they will resupply. That will make a
huge difference for us because it doesn't limit us to that initial 2,000. As fast as we
turn them in, they will turn them over as long as they have inventory in stock. So, that
was one of today's success stories. The second success story that we had today is we
have been working very hard through multiple manufacturers to get a test called an
immunoassay test. What that does is it allows us to conduct a -- an exam, an actual
test in the field whereby it takes between 10 and 20 minutes to produce a result on
that exam with approximately a 98 percent success rate identifying whether or not
that person is positive. So you will see the landscape change in very short order. We
will not have to send everything off to the lab. And I happen to have a sample of that
kit with me, and it works very similar to a pregnancy test where we will put a sample
of DNA on this device --
Mayor Suarez: Do you want to try it on me tomorrow?
Mr. Zahralban: -- and it will tell us between 10 and 20 minutes and tell the individual
whether or not they are negative or positive. Now one of the important points of this
particular test is this is very similar to how we do what we -- conduct a test that we
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call blood serum glucose for diabetics, where we extract blood from the finger, put it
on this device or on a similar device and get results within a matter of minutes. So the
good news is every paramedic in the City of Miami is already trained to do this. So as
soon as we get these in volume, we can begin to implement this type of testing. Then
what you will see us do with the labs is that will become second tier. The labs will be
a confirmatory test for these tests that come through positive. So let me give you an
example of how it might play out. Use a static site for example. We will have vehicles
come through, we will conduct one of these tests, we will put it on their windshield
and have them move forward into a staging area. After about 10 minutes we will
check to see whether or not they are negative or positive. 1f they are negative, we will
send them on their way. If they are positive, we will conduct a swab sample in the
traditional format and we will send it off to the lab for a confirmatory test. Cost, we
are currently paying between $50 and $110 for each of the swabs that we are sending
to labs. These will cost us between $12 and $15 apiece.
Mayor Suarez: Wow.
Mr. Zahralban: So it's a substantial savings and it will allow us to exponentially
increase our volume. So initially what we have done is purchase or put a request, a
quote, and put a subsequent purchase order in from two vendors for about 10,000 of
these so we can get this process moving. As soon as we confirm the efficacy of these
devices then I'm going to ask for an additional purchase order for about 100,000 of
these --
Commissioner Reyes: That's right.
Mr. Zahralban: -- which will end up costing in the neighborhood of $1.2 million or
so. But when you look at the cost of that as compared to the same type of volume
through these -- these third party contractor labs, it pales in comparison. So it will be
an investment that is absolutely worth the -- the investment.
Chair Hardemon: Commissioner Diaz de la Portilla --
Mr. Zahralban: Now with that, I'll open up to any questions that -- that you may have,
but the final -- my final comment is, you know, I've said it before and I'll say it again,
the approach that we're taking is a whole community approach, it's an all of the
above approach and we believe that's the best way to impact the community. Thank
you.
Commissioner Diaz de la Portilla: Thank you, Mr. Chair. You finished your comments
by saying that as soon as you found out the efficacy of this exam, but earlier you said
that it was 98 percent accurate. Which of the two is it?
Mr. Zahralban.: Yes, the reported information -- I guess in order to answer that
question accurately, I would have to explain the process that occurs during a time of
emergency. Normally the FDA, the Food and Drug Administration, would -- would
have these -- these vendors, these third -party contractors or the manufacturers go
through an extensive process whereby they would have to prove the efficacy of this
device. During times of emergency, they have a two to three day approval process
where they don't conduct tests themselves, but -- but in lieu of that, they look at the
data that the manufacturer provides, and they base their decision on that data. So this
will have FDA approval by the time we procure it, however, we still want to conduct
some of our own tests on positive patients that we are aware of to prove the efficacy of
the device ourselves.
Commissioner Diaz de la Portilla: Okay. So this is not FDA approved, correct?
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Mr. Zahralban: Some devices --
Commissioner Diaz de la Portilla: This test, this test.
Mr. Zahralban: (INAUDIBLE) we are going through the process as we speak. Some
of these devices are FDA approved, some are pending approval, which could happen
in the morning, could happen two days from now.
Commissioner Diaz de la Portilla: But the one you said costs $12, and you get the
immediate results, the one you want to use for the $1.2 million contract, that device, is
that FDA approved?
Mr. Zahralban: That device has received FDA emergency approval, yes.
Commissioner Diaz de la Portilla: Okay. Is that the one with the company in
California?
Mr. Zahralban: There's multiple companies. They're all, for the most part, coming
from overseas.
Commissioner Diaz de la Portilla: Are they coming from -- where overseas? Where
overseas?
Commissioner Carollo: They're all coming from overseas. China.
Commissioner Diaz de la Portilla: I know that's what 1 figured.
Mr. Zahralban: Both China and South Korea. And just one point that -- that I believe
is important is when you look at the numbers that China was professing when they
were saying -- when they were claiming to have tested about 100,000 people a day,
this is how they were doing it.
Commissioner Diaz de la Portilla: They're coming with those -- and South Korea did
the same thing? They used the same kind of test?
Mr. Zahralban: Yes, sir.
Commissioner Diaz de la Portilla: Okay. So -- so the question is why are we
obtaining any other tests? Why do we continue to buy 2,000 kits that take three or
four days? Because this test could go to the Mayor's house right now and he could be
out of there tonight.
Commissioner Reyes: Yep.
Commissioner Diaz de la Portilla: Right. And he's been waiting, and he's got to wait
for results, and we have to wait for results. So the question is, if you have a product
that you have confidence in, that you're talking about procuring a $1.2 million
contract that has immediate -- abnost immediate results, I think you said 15 minutes
or something like that, I don't remember the exact number of minutes you said, but
that's it's immediate, it's the same day or right after. Why are we having a
conversation about other testing kits that take three or four days to get results?
Mr. Zahralban: The reason, Commissioner, and it's an excellent question. The reason
is back to the comment I made that right now in order to be as effective as possible,
we need to take an all of the above approach. We can't go down any one road and
abandon another idea. These devices that I'm showing you now, the one I have in my
hand and about 'bur others are only sample devices that were given to us by the
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vendor today. And you mentioned the Mayor, with the Mayor's permission, we
actually are going to his home tomorrow morning in order to test this on him. So he
will be getting that call if he hasn't received it already --
Commissioner Diaz de la Portilla: (INAUDIBLE).
Mr. Zahralban: -- from my medical people.
Mayor Suarez: I have not received that yet.
Commissioner Diaz de la Portilla: And one more question and I'll -- and I'll cede the
floor. On a different item, you said 264 tests were done at Marlins Park today?
Mr. Zahralban: Yes, sir.
Commissioner Diaz de la Portilla: How many of those were City ofMiami residents?
Mr. Zahralban: That information I do not have for you as of yet. It's a little difficult to
obtain. There are only two ways for me to obtain that information. One is through the
County's 311 system; the other is potentially through the Health Department
(INAUDIBLE) process. Both of those -- I'm sorry, I just lost you. Both of those are, as
you know, controlled by the County, so it's going to take me a little bit of time to
access and effort that information.
Commissioner Diaz de la Portilla: And the only reason why 1 ask that question to
begin with, Chief was because I want to spend our City resources on city residents. I
want to emphasize that point. I don't want to have a facility -- I think everyone should
be tested, obviously, we have to help all -- all people living in our county and our
state, but if we have limited resources I want our city residents to get those resources
first. As City Commissioner, that's what I have to fight for. So to me it's important not
to have a site inside the city ofMiami, inside Commissioner Carollo's District where -
- where we're testing people from all the parts of the county. We can help the County
by testing Miami people, the County can help its residents by testing people in West
Dade and South Dade and North Dade that are also in need of testing. We're maybe
duplicating efforts here and maybe we -- we should each have our own testing site so
that we can better serve the people that elected us. So that's why I'm making that
point. I think it's important for you to get that information to me as we move forward.
Also I want to know how many people that we're testing at Marlins Park are city of
Miami residents.
Chair Hardemon: Okay. So I would --
Mr. Zahralban: Understood.
Chair Hardemon: -- recognize Commissioner Reyes, then the Mayor, then
Commissioner Carollo.
Commissioner Reyes: Chief,' let me ask you something, when -- once you prove -- I
mean, you test that new testing method, would you incorporate them in all of our
testing facilities?
Mr. Zahralban: Yes, sir. My plan would be to use these devices very widely, i.e., all of
the testing facilities, whether it be a static site or a mobile site. As I explained before,
the process that I envision, although we're going to work through this model, but the
process that I envision is whether or not we are going to people's homes doing a
mobile test or they're driving through a static site, we would administer this test as a
first line device. Depending upon the result of this test, we would then potentially for a
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positive result, swab the patient and then return that to the lab for confirmatory
testing.
Commissioner Reyes: Another question and the price of $50 per unit, per test, that
was the less expensive of the -- of all the tests that were offered to us or we just picked
that one because, I mean, they were better or better quality or did we shop around to
find different prices for testing?
Mr. Zahralban: Yes, sir. We actually shopped around exhaustively and although I do
want to say that price was a factor, 1 would be less than honest if I didn't say that
availability was more important a factor.
Commissioner Reyes: Okay. I do understand that. The last question that and -- I
really commend you guys for opening up another testing site in Charlie Hadley Park,
I mean, that's fantastic. The more testing sites that we have, the more that we test
everybody in -- in Miami -- in Dade County, the better that we are. That's what South
Korea did, massive testing and I -- I agree with it, and when would that site will be
open?
Mr. Zahralban: The contract calls for the site to be open I believe, and I'm looking at
the Manager, seven days from the point that the contract was signed. So, I know that -
- that my assistant chief of special operations had met the -- the third -party contractor
that came into town today. They discussed the site, they discussed the needs, and my
understanding is it's moving forward under the direction of the third party
contractor, but with the assistance of my assistant fire chief that is in charge with the
Commissioner Reyes: You --
Mr. Zahralban: -- Marlins Park site.
Commissioner Reyes: You've mentioned a contractor. What do you mean by a
contractor? It's somebody else that is going to come and perform the test or are we
performing it ourselves?
Mr. Zahralban: The Hadley Park site -- first of all, when I say third -party contractor,
I mean some -- a separate company, an outside company, that has been contracted
through the City of Miami in order to provide a service. Whereas Marlins Park is a
joint effort between the City of Miami, Miami -Dade County --
Commissioner Reyes: Yes, I do understand it.
Mr. Zahralban: -- as well as the National Guard.
Commissioner Reyes: Yes.
Mr. Zahralban: This is a site that has a soup to nuts been contracted through to a
private company to set up and -- and swab and send it off to a lab and return the
results.
Commissioner Reyes: And how's that -- that company was chosen by -- I mean, it is --
it has a track record and -- and it has a test that it is -- I mean, better than what we
have now? Or what is the price; is it the same price?
Mr. Zahralban: Price structure is a little -- is a little different. Again, it really goes
back to the comment that I made and -- and I hate to repeat it over and over, but it
really is that all of the above approach. Anybody who provides a service that has been
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vetted through us and seems to be reliable and able to -- to accomplish the goals that
we set before them, we are looking at that option and contracting with them. Now
when 1 say contracting with them, it's important to point out that we -- we are
establishing a contract, establishing a purchase order, but the City Attorney as well
as the City Manager are very careful to ensure that we are for the most part paying
for services that we receive and in the event that the service --
Commissioner Reyes: Okay.
Mr. Zahralban: -- ends up not meeting our expectations, that we have an out.
Commissioner Reyes: 1 have two questions and I'm going to (INAUDIBLE). How
much are we paying for those tests?
Mr. Zahralban: Which tests are we referring to?
Commissioner Reyes: The one that is going to go to this independent contractor?
Mr. Zahralban: That is dependent upon -- it's -- it's a structured contract. It's a little
more of a complex answer, but it depends on how many lanes we --
Commissioner Reyes: Well --
Mr. Zahralban: -- use and --
Commissioner Reyes: Fifty, a hundred?
Mr. Zahralban: Up to five lanes.
Commissioner Reyes: Okay. But $50, $100; how much; how much are we paying?
Mr. Zahralban: One second, sir.
Ms. Mendez: I want to say it's between $50 to $150. $150 is the most.
Commissioner Reyes: Per test? Between $50 and $150?
Mr. Zahralban: For this -- for test it would be $150, yes.
Commissioner Reyes: Okay. Let me ask you another question, let me ask you another
question, which it's $115, you said, right?
Mr. Zahralban: No, $150, 1-5-0.
Commissioner Reyes: $150, 1-5-0, versus $50 this one. Now what -- another question
that I have is this, we have and -- and I am being informed that the biggest problem
that we have is with the lab. The labs that analyze, and that's why it takes so long. Is
this, in the $150, is the analysis also included or do we have additional expenditures
on -- on the lab?
Mr. Zahralban: The -- for this particular lab, for $150, yes, that includes the analysis
as --
Commissioner Reyes: The analysis. How much are we paying for the analysis now
with those -- the tests that we are performing that we're paying $50?
Mr. Zahralban: $50 would be the cost for -- for the other lab. We have --
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Commissioner Reyes: The test and the lab --
Mr. Zahralban: -- three labs -- we have three labs, sir, that we are currently using.
Commissioner Reyes: Wow.
Mr. Zahralban: One is $50 per test, the second is about $100 per test, and this third -
party contractor would be about $150 per test.
Commissioner Reyes: You know, that's what -- Larkin Hospital, Larkin is charging
for tests is $150. 1 don't know. I don't know and 1 haven't seen all the -- I'm not an
expert on them, but I'm going -- I'm going to try to get -- educate myself a little bit
more about the different tests and the different prices because 1 -- $150 is a
substantial amount of money versus $100 more, you see. I don't know if it is because
of availability or where they come from or -- or I don 't know. But congratulations for
opening up the -- that -- that testing site at Charles Hadley.
Mayor Suarez: Mr. Chair, if I may?
Chair Hardernon: Okay, I want to recognize the Mayor and I believe Commissioner
Carollo.
Mayor Suarez: Thank you, Mr. Chair. 1 want to hopefully clarify a little bit in some of
the differences and why those differences occur. And, Chief please step in or
Manager step in and correct me if I'm wrong or Commissioner Carollo, or anybody
who's been working on this. Okay. So the tests that are the 2,000 kits which are $50,
that's just the laboratory component of the test. Those are being administered
completely by Miami Fire Rescue. They're being administered to elderly who are
calling the 305-960-5050 number. If I'm not mistaken, we've did over 127 today, is
my recollection of what we did. Those are only city residents.
Unidentified Speaker: Right.
Mayor Suarez: They're only City residents and that is -- those are mobile tests. So
that's -- that's one category. This -- this new category that the Chief is talking about
is, obviously -- and by the way this is the first time I'd heard of it, so I heard about it
just like you guys did with these new quick tests. My -- my assumption is that if -- if
and when they have FDA approval, that then they would also meet FEMA (Federal
Emergency Management Association) reimbursable standards, correct, Chief would
that be correct?
Mr. Zahralban: That is correct.
Mayor Suarez: So -- so my guess is what he wants to do there is implement ubiquitous
testing throughout the City. You know what I mean? That would be no standard, in
other words, you wouldn't necessarily have to be symptomatic or whatever standard
he applies, but it would be a far more liberal standard to at least get a first run test of
a -- of a more -- a larger population to them have a backup test it seems like, lab
tested, to ensure positivity. So I presume that tomorrow he'll be giving me both the
tests.
Commissioner Reyes: Okay. But --
Mr. Zahralban: I'll give you whatever you want, Mr. Mayor.
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Commissioner Reyes: What I'm asking is, you see, my, question is I really -- I really
like this -- what he's saying and proposing what you're saying this new test that
hasn't been approved yet. And I hope that it's going to be approved, you got to be
approved. They are doing away with most of the restrictions, you see. But what I was
asking was the price of the -- this contract that was signed that was $150 versus that
$50 test.
Mayor Suarez: That -- that's where I was going to go. So that third contract, which,
you know, Commissioner Carollo's been working very hard on in trying to establish it
at Hadley Park. The reason why that one's $150 as opposed to $50 is because you
don't -- you not only have the lab component. You have all of the employees, you're
basically creating soup to nuts the entire operation that you have at Marlins Park, but
you're doing it with another vendor, right? And so they have to have all of the
swabbers, they have to have the doctors, they have to have everything. Everything is
there, so that's $50 probably is -- is a lab component and there is -- there is employee
expenses, there 's --
Commissioner Reyes: Okay.
Mayor Suarez: -- all the technicians, everything else that goes into it. So there's a --
an additional component that in the case of the 2,000 we're managing with our fire
department.
Commissioner Reyes: Okay. That's what I wanted to clarify. 1 wanted to clarify that
because that $150 include the persons that they are performing the test, the persons
that are directing traffic, persons that are managing that site.
Mayor Suarez: It's a soup to nuts testing site.
Commissioner Reyes: Okay. They're -- they're managing the site.
Mayor Suarez: A to Z, exactly.
Commissioner Reyes: Okay.
Mayor Suarez: So I think -- I think what's important about that is that we're going to
have the capability of having testing sites in the -- in the northern part of the city,
which I think is appropriate.
Commissioner Reyes: Yes, It is.
Mayor Suarez: In Little Havana, which is appropriate. And then we're going to have
mobile and then we're going to have these ubiquitous quick tests that are all -- and by
the way, all of it is reimbursable by FEMA, which is what --
Commissioner Reyes: Okay.
Mayor Suarez: -- I wanted to just -- and I know -- I'm sure the commissioner would
jump in and explain that, but all of it is reimbursable. Whether it's a $50 test or a $12
test or $150 test, it's all going to be reimbursable by FEMA, correct, Chief?
Commissioner Reyes: Okay.
Mr. Zahralban: Yes, sir. That is correct. Regardless of the cost, as long as we can
justify the activities that are occurring it will be reimbursable by FEMA. But I believe
the details of the -- of the actual transaction might be best explained by Commissioner
Carollo, since he was so heavily involved in --
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Mayor Suarez: Let me just ask one last question.
Vice Chair Russell: Quick reimbursement question to clam what the Chief said
because that's something I didn't understand to be correct. IfI could?
Mayor Suarez: All -- all these series of tests are reimbursable by FEMA.
Vice Chair Russell: Do we need to follow the CDC (Centers for Disease Control and
Preventation) guidelines for who gets tested in order to be reimbursed? Or if we make
more liberal standard, do we disqualifY ourselves?
Commissioner Reyes: It's a good question.
Mr. Zahralban: That's an excellent question, sir.
Commissioner Reyes: Good question.
Mr. Zahralban: The guidelines that the CDC sets forth are for the most part the
guidelines that would determine allowability for reimbursement through FEMA unless
we can show a compelling reason why we deviated from guidelines for the -- the
greater good or the greater public health. 1 believe that the reason -- and I keep going
back to this that this plays such an important part in what we're doing is because as
we expand testing, and we reach a greater depth of our population, the cheaper we
can do it, the less exposure we have as it relates to potential reimbursement.
Mayor Suarez: One last question before I pass it on to Commissioner Carollo. Is that
-- that smaller test that you just showed, Chief the one that you're going test me on,
the guinea pig, your guinea pig tomorrow, is that an antibody test? See now you've
taught me a little bit about this. Is that antibody test or is that an antigen test?
Mr. Zahralban: This one, sir, is an antibody test. It's IgG IgM, so, yes.
Mayor Suarez Then that could explain the reason why it's 98 percent efficient as
opposed to the swabbing, which is an antigen test that gets you closer to a hundred
percent.
Mr. Zahralban: Well the -- they both have strengths and weaknesses. The primary
issue that we're investigating with these right now is is there a recommended period
of time to wait post exposure to administer this test. And that would be the key
component between and antibody test and an antigen test. When you are exposed to
the virus, or a virus, you have the antigen or the RNA/DNA (Deoxyribonucleic
Acid/Ribonucleic Acid) of that substance in your body almost immediately.
Mayor Suarez: Right.
Mr. Zahralban: An antibody test requires your body to begin to fight that antigen and
as you build up that immunity to that antigen as your body begins to fight it, it tests
for those antibodies. So there is a gap in time there that we have to analyze.
Mayor Suarez: (INAUDIBLE). I want Commissioner Diaz de la Portilla to understand
that nuance because part of the reason why we're so certain when we test negative is
because the tests that we've been taking are antigen tests, so they test a viral load in
cells. Right? The RNA viral load in cells. Whereas these antibodies tests are testing a
reaction to the virus, which -- which takes time. So that's why you can test negative
and still have, technically, the virus it's just not -- the antibodies have not been built
up sufficiently, to test positive. So there could be a small differential there, which is
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probably what accounts for the difference in the 98 percent versus the 99 point
whatever percent, which is why, you know, they were able to clear you guys from
protocol based on the negative tests.
Commissioner Reyes: Don't --
Mr. Zahralban: Yes. And just a brief elaboration, what -- what the antigen test does is
it takes ribonucleic acid from your body and sends it to the lab and the lab actually
acts as your body and it grows it in the lab, converts it to DNA, di -ribonucleic [sic]
acid, and allows it to be present in quantity -- in enough quantity so that it could be
tested and the test would come out positive. So basically it is being incubated in the
lab instead of incubated in the body, which is why it is so accurate.
Commissioner Reyes: Okay. That's very good.
Chair Hardemon: Commissioner Carollo.
Commissioner Carollo: Thank you.
Commissioner Reyes: Very good very good. Thank you.
Commissioner Carollo: Before I go into giving the Commission the history and the
process that 1 think has been followed in lab tests -- and let me separate that. Lab
tests, and 1 believe that so far we've been using two companies, and then the third that
was mentioned that is supposed to start on the north end. Let me separate now lab
tests, which is all that there is now in the country, to what the Chief mentioned on
these other tests. These other tests for the most part are manufactured in China or
South Korea. This is why South Korea has been able to do what we should be doing in
Miami, and the rest of our country, is testing everybody.
Commissioner Reyes: Masses.
Commissioner Carollo: And this is why, they're about the only country that I've seen
so far that have really been able to curtail the spread of this because you can't believe
anything China tells you. They're telling you now they haven't had anybody infected
for days, but I could tell you for a fact that's a lie because I know of orders they have
placed Jroover half a million thermometers. I know people that have boots on the
ground over there that are seeing all the dead being taken out. So, there's nothing
they can tell us that we can believe as to the reality of what's of going on over there.
South Korea is -- is the closest of what we could believe that has made a real stop in
this. And they did it by mass testing, not just the elderly, but everybody, and some
other pretty stringent methods, and using the kinds of testing that the fire chief
mentioned now. And I'm glad that the fire chief became a believer now of what he and
I discussed in the EOC (Emergency Operations Center) on Monday, when I first
brought the fact to him of different tests that I had been approached on that were for
$12 and even less --
Commissioner Reyes: Fantastic.
Commissioner Carollo: -- on two kinds. One is the kind that he's talking about that
blood is taken out of your thumb and there are a variety of companies that you can
have them anywhere from 15 minutes to about 45 minutes return on site. And the
other type is a swab in the throat, which I prefer that better than having to take blood
out. The European Union has approved numerous of these manufacturers, and that's
what they're using in Europe, where they're getting immediate readings, and it would
vary in some. Some are lower than 98, some are 98, some are 99 and more percent.
And my conversation with the chief on Monday was that we should be preparing to go
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that route. In fact, 1 had asked him if he could find out if they were not FDA approved
like the ones that I was told even though they were European Union approved, could
we bring them into the U.S. so that we could use them. The response to me at the time
was that his people and -- and the paramedics were certified through FDA
procedures, and they would lose their certification f they would use non -FDA
approved testing. So Chief Colina was there, and I turned around to him, and I asked
him at the time if any of his officers were certified. He said, no. I said, well, good.
Then if we could bring them in and the FDA doesn 't stop us, your officers could then
do the test because you won't lose the certification. And we all laughed. But the idea
was to do what the fire chief has done for him to start looking at the different
possibilities so that we could bring the cost way, way down and truly be able to do
mass testing, which is what we really need. Because the only reason we're testing
only elderly that have symptoms is because there's a total, first of all, lack of kits. But
1 submit to you that I believe within two to three weeks you're going to have a glut of
kits. The kits is not going to be the problem going into the future. The problem were
the labs. And in -- in saying that, I have to give credit where credit is due, and then
start with a history of how we started the -- with the lab tests and think of the Mayor
for even from home and being sick took the initiative that he was able to get these
2,000 kits that the police -- excuse me that the fire chief talked about at $50 our cost.
Which by the way, that's probably the best deal of any city anywhere in the United
States. That's unheard of today of paying only $50 for a lab test. The problem that we
were facing was that was only 2,000 kits; we had no guarantees of getting more kits at
all, and secondly, we were told that it was going to be at least a three day wait. The --
or four. How many, Mayor? We can 't hear you.
Mayor Suarez: Initially -- initially they told us four. Then they sort of said two to four,
but they initially' told us four.
Commissioner Carollo: Okay. Well this -- somewhere in there. I said three, but I
forgot that it was four. But the -- the truth of the reality is that the labs are so full that
for instance Quest, which is the other one the City has been using, that's the ones that
you and I, Commissioner Reyes, Commissioner -- well all of us had the secondary
testing took five days to get back. Those were the $100 kits. So, the idea here was as
expensive as they are, because whether it's $50 or whether it's $150, anyway you cut
it, it's expensive, was to be able to get one results back as quickly as we could where
we didn't have to wait three, four, five days or more, where people would be
potentially spreading the virus and then the anxiety that would bring to people and
families, et cetera. And to, most of all, have 750 test kits guaranteed for a lab to
handle. This is the most important part, an aspect of it because what we're really --
we're doing most of all here was guaranteeing how quickly we would get it from a
lab. So what was promised was that from the time that it would be brought to a lab in
Orlando that was found and guarantees were given, that it would be 12 hours return
from the time that the tests were given to the lab in Orlando and within 12 hours we
would know if people tested positive or negative. So, that was the idea on the speed of
how we could do things altogether. The -- there were many discussions that we had on
-- on this. In fact the discussions were going on for a -- a week. Nothing was taken
lightly. The City itself, the initial 2,000 kits that the Mayor was able to acquire, we
were planning on opening up, in fact, yesterday, Tuesday, the Marlins Stadium on our
own. That's when the County. through Jackson Memorial Hospital. their CEO (Chief
Executive Officer), President Mr. Migoya, contacted last Friday our City Manager
and offered a partnership of Jackson, University of Miami Hospital, and the County,
with the State, to come in into the Marlins site and the Manager immediately accepted
it because that freed us up with those 2,000 kits that we had so that we could do the
home programming that we're doing and we're doing just in the first two days, we're
hitting around 100 people at home while we're doing it. The -- the idea is to try to
expand this as most as we can. The north end, Liberty City, Overtown, the northeast
part, there are no testing areas there. So, that's why the first emphasis was put on
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opening that area as quickly as possible. And then from there, opening up some
additional lanes in Marlins Park so we could eventually be the ones testing all the
people in our own city. While the County's offer, and the State's, and Jackson's was
great, we don't know how many of the people that are being tested there are actually
from the city of Miami. I have to assume from the limited information I've heard that
the majority are from other parts of the county, which is fine. I mean, we're one
county. But we're the City of Miami and we want to make sure that our people are
going to be served first and as quickly as we can. So, to try to condense what I've said
is what the City has done is we've gone from the five or more days to no less than
three days lag time to accompany the guarantee that the minute the lab gets it they
would have a 12 hour return so they would know that within the same -- the very same
day, people that are tested are going to know the results. Those that are negative are
not going to have to worry about the anxiety or being locked up for so many more
days and those that are positive are going to know immediately so they're not
spreading this into more people than they have already while they've waited
anywhere from three or five days or more. The way to go into the future is exactly as
was described here once FDA approves these new kits because it's going to be very
inexpensive and you could get results right in the field immediately. But we don't
know how long it's going to take. You know, it's -- it could be a few days, it could be a
few weeks or more. That's really hard to tell how long it's going to take. But that's the
way that we need to jump on once it's done. Because we could hit and cover all of our
population at those prices, and frankly, as I told the chief the fire chief on Monday it
didn't matter if the FEMA was going to reimburse us or not, because at $12 or less a
pop it was so inexpensive compared to everything else that if they weren't going to
reimburse us because it was not FDA approval, it didn't matter because we were
getting out to as many people as possible, and frankly we would be able to do our
whole entire population in a matter of a month and a half or so, or less. So that in a
nutshell is the -- the process that has happened, how we've done this. And the
difference for the -- big difference frankly on prices, you could, yes, pay a lot less for
a lab that's going to get you test result in five days, three days, or more than five days
or pay more for a lab and a company that's going to get you results within 12 hours
when you get it in their laboratory. Mayor, do you want to add to that? We can't hear
you.
Mayor Suarez: No, I think you summarized it well. I think you've explained why
there's three different tiers and actually now with these new kits, there's four different
tiers of price. The good news is that all four tiers, or at least we suspect that all four
tiers, at least the three tiers of the $50 to $100 and $150 will be FEMA reimbursable,
so there's little to no risk on our end. We have seen -- I know that everybody here has
been monitoring what has been happening nationally and all the indications are that
the state will pick up another 12 and a half percent, the -- FEMA original regulations
are 75, but then there's even talk that in the initial stimulus package, that FEMA may
pick up the remainder. So it may end up being completely repaid by the federal
government, and I'm intrigued about these -- these new tests. I'm -- 11171 excited to the
guinea pig tomorrow to see whether or not they're going to be accurate. Because I
agree with what the commissioner said, you know, all the examples in Italy and all the
examples in the successful countries like South Korea, that seem to have gotten this
sort of flatten the curve as they say, right, it's because there's been ubiquitous testing.
Testing at a very, very high level. And that allows us to have a true picture of what --
how -- how, you know, I can't imagine that I was just the second person in Dade
County. I mean, it's possible, certainly that delegation from Brazil what I've been told
is over 40 people have tested positive from that delegation, but, you know, it's hard to
believe that there's only -- there was only two people at that moment that were
infected with Covid-19, you know.
Commissioner Carollo: Well you're absolutely correct, and if— we would have been
testing you would have, found a lot more.
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Mayor Suarez: Sure.
Commissioner Carollo: You were lucky that we caught you early on because frankly -
Mayor Suarez: You guys were lucky too.
Commissioner Carollo: Yeah. You (INAUDIBLE) one of those that was walking
around just thought you had a little cold for a day or two which is all you had, and a
little fever and you wouldn't have known that you caught this.
Mayor Suarez: Yeah, no doubt.
Commissioner Carollo: And this is the problem we're having in our population and
that's why we need a breakthrough in our country, like other countries have, that's
very inexpensive that we could test people in mass, not just the seniors that might be
infected.
Mayor Suarez: I agree. Anyone want to move to adjourn the meeting?
Chair Hardemon: I see two fingers going up.
Commissioner Reyes: Yes, please.
Chair Hardemon: Alex Diaz de la Portilla I see your hand and mouth, but I can 't hear
you, so you have to unmute your screen.
Commissioner Diaz de la Portilla: I move -- I move that we adjourn the meeting.
Commissioner Reyes: I second. Mayor, good luck tomorrow, okay?
Commissioner Diaz de la Portilla: Good luck with your testing, Mayor. And good
luck, commissioners, on everything.
Mayor Suarez: Thank you for corning together as a group, guys. Thank you.
Commissioner Reyes: Okay. Thank you very much.
Commissioner Carollo: Hopefully, Mayor, you are clear tomorrow, but if not, then
you'll be the first one that we can do the 15 minute or half hour swab in the mouth, so
you don 't have to shed blood on this too.
Mayor Suarez: Listen, man, I'm happy to be a guinea pig. They're already asking me
for my blood samples, the whole shebang, so --
Commissioner Reyes: That's good.
Commissioner Carollo: It's good to see that you're -- you're doing well, and you held
up throughout this what became a long meeting tonight.
Mayor Suarez: Thankyou. Thankyou so much for your encouragement.
Commissioner Reyes: Thank you very much, Mr. Manager. Thank you very much. And
good night to all of you and be safe.
Commissioner Carollo: Good night.
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Commissioner Reyes: Good night.
Ms. Mendez: Thank you.
SP.4 DISCUSSION ITEM
7352
Commissioners
and Mayor
A DISCUSSION REGARDING AN UPDATE FROM THE CITY
MANAGER ON THE CITY'S PROGRESS REGARDING THE COVID-19
PANDEMIC.
RESULT: DISCUSSED
Chair Hardemon: What I'd like to do is move into our agenda. If we take a look at our
agenda, the first item we have is SP.1. It's a discussion item, a discussion regarding
mandatory shelter in place order or curfew. I want to recognize Commissioner Alex
Diaz de la Portilla. You're recognized, sir.
Commissioner Diaz de la Portilla: Thank you, Mr. Chairman. And if I may, if the
Commissioners acquiesce, that we would like -- I would like for our Manager, Art
Noriega, to kind of go through all the steps the City has taken so far to update the
public and the rest of the Commission of what we've done so far, what the City has
done. So kind of take the order out of place and put the last item first, get our update,
and then we can ask questions when we move forward, and maybe move each agenda
after that. If that's okay with you, with the rest of the Commissioners and with the
Mayor.
Chair Hardemon: That makes perfect sense. So what we'll do now is well recognize
our City Manager for discussion regarding an update from the City Manager on the
City's progress regarding GOVID-19. You're recognized, sir.
Arthur Noriega (City Manager): Thank you. So obviously we've taken a number of
steps, most of which are covered, some of the key elements are covered in the agenda
that's presented today. More particularly, a number of emergency orders, the latest of
which we issued last night which was a continuation or an expansion through a
shelter in place order. Which in addition to that, obviously, we're addressing the issue
of essential businesses that should or not -- should or should not stay open. And we've
created, under our COVID-19 webpage, which is embedded in the City website, a
series and lists of all of our emergency orders, as well as descriptions and releases
that vet and describe a little more thoroughly what the -- what those emergency
orders mean. Today we posted sort of a summary of all of those essential businesses
that have been listed, both through our emergency orders, emergency orders issued
by the State of Florida, as well as Miami -Dade County. And there's a detailed list
(INAUDIBLE) essential businesses to provide a little further clarity with regards to --
for the general public in terms of what they may or may not do. Obviously we're
trying to allow for the general public to continue to engage in those activities that are
really vital to them, particularly, you know, the stuff that really makes common sense,
getting your groceries, going to the pharmacy. And, you know, auto repair, you know,
things that are really -- are essential to our day-to-day sustainability. I think
businesses that are engaged in those essential services obviously employ a workforce
that also needs the .flexibility to get to work. There's also that critical need of
providing ,food. So, restaurants that provide delivery and pickup also have been
allowed continued service which is vital as well. There is embedded into the
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emergency order as well, a travel restriction, but really is a -- limited to those
essential businesses and normal daily activities and home repair, landscaping, pool
services, and the like. In addition to that we've also obviously been engaged in a
number of testing initiatives as well, which we'll cover in more detail as part of the
agenda. We're working on a meals program. We've continued to supplement, even
though -- even without a formal meal program, some of the feeding of our seniors. It
has not been a formal process to this point, and that's what we have as a discussion
item today. And I know we've presented some options and some ideas to the
Commissioners as we've kind of been going through this. We've obviously activated
our Emergency Operations Center, it's a Level 2 activation. Through that Emergency
Operations Center, I want to commend our emergency management staff, our public
safety employees, all of the employees within the City of Miami as well who have
really really stepped up in this tough and critical, you know, situation we're in now.
More particularly, you know, trying to address and asway a lot of the fears and
anxiety most of our residents, property and business owners have. We're trying to
maintain as many of our essential services, City services, to the public as possible
while still being respectful of the fact that we have a workforce that needs to be
mindful of isolation and taking care of their own, you know, personal needs and
personal health and wellbeing. So, one of our key initiatives is we've really tried to
scale back the workforce employed at our buildings. allowing more of our employees
to work from home. And those that are in non -essential businesses, allowing them to
go home and not crowd our offices, and respect our social distancing. So, along that
light we've really at this point reduced our at -work workforce to roughly about thirty
percent of normal. The balance of which are working from home and/or, you know,
for all intents and purposes furloughed, but obviously being paid. The other things
that we're working on as well are some key initiatives relative to the budget and
financial impacts. We're starting that analysis as well. And starting to do some
projections with regards to what are the short term, intermediate, and long term
implications of our current situation. Obviously with the understanding that there are
a lot of variables. This is a situation that's extremely fluid and we're going to be
pivoting almost daily, if not weekly, in terms of you know, programming, impacts.
Obviously the duration of our current situation is going to be a critical mitigating
factor to that. So we're trying to be as flexible and as fluid as we can. And with that,
that's kind of a general synopsis of -- and an overview of what we have been working
on. Obviously we're also working very closely with the State of Florida, federal
government, as well as our County government on a number of initiatives. We're also
engaged in a lot of conversation with our fellow municipalities within Miami -Dade
County in terms of, you know, offering insight, addressing best practices, and really
just to providing a resource to each other in terms of information and trends. With
that I'll entertain any questions you may have.
Vice Chair Russell: Mr. Chairman, ifI could be recognized?
Chair Hardemon: The Vice Chairman and then Commissioner Reyes.
Vice Chair Russell: Thank you very much, Mr. Chairman, and thank you very much,
Mr. Manager. It's hard to believe that you only started this job a few weeks ago. And
this is certainly a heavy trial by fire. And I'd like to congratulate you on everything
you've done since we last met as a Commission. With everything we've been through,
from a health perspective to a quarantine perspective, the State of Emergency handed
the reins over to you and I feel very confident that this City is in good hands right now
with the orders that you put in place, with the way you've empowered each of these
Commissioners as they're working on independent initiatives, and with the health and
safety of our residents. Knowing that health and safety is the number one priority, and
that's where our focus has been on mostly, I'd like to ask a question about that. But I
also recognize that SP.4 is really the only item where we can discuss items not having
to do with SPs 1, 2, and 3, which are shelter in place, meals, and testing. So, I really
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wanted to talk a little bit about the state of the City and how we move forward here
and the big decisions we may have to make from a financial prospective to take care
of the most vulnerable of our residents. And I'm talking not only about their health at
this moment, but their economic health, their housing as we move forward. Everything
from the homeless person on the street, to the dishwasher that just lost their job, to the
small business owner, to the transportation worker. There's so many things we need to
think about. And the state of our City's finances are very important in order for us to
address this and our partnership at different levels of government. But before I get
into that, I just wanted to ask if you could address a couple things. One, I noticed in
public comment, I believe it was a misstatement or maybe a misunderstanding, but
there was a concern that our emergency medical technicians don't have the correct
PPE (Personal Protective Equipment) that's necessary to take care of themselves and
the patients and change them enough times to make sure we're able to keep our guys
safe and girls safe as well as the patients they're treating. If you could speak to that a
little bit. If you could then, going back into the financial side of things, for a short and
long term look, I'd like to know, maybe from Chris Rose, maybe from you, with regard
to our municipal bonding capacity, the Miami Forever Bond is probablv the greatest
asset we have before us for large scale spending to address some of these major
issues. I want to know where the municipal bond markets are right now, if there's any
instability there, and if the federal government is helping stabilize that. If not, if you
could bring that back to us as an analysis, we could potentially advocate to the
federal government to help if they aren't already. And then I'd like us to get a report
from your office and the budget office with regard to our remaining budget within this
year, to understand what non -essential line items we have and what items are not time
sensitive, to see if we needed to make major policy decisions on our spending, what
war chest do we have to take on the major initiatives that may be before us to help
prop up this city and its most vulnerable residents. Thank you.
Mr. Noriega: So, I'm going to address first the Personal Protection Equipment. I have
our Fire Chief here in the room and I'm going to let him sit in for a minute and kind of
walk you through some of their preparation leading up to our current situation. And
then give you a status on how well equipped his public safety personnel are.
Joseph Zahralban: Chairman, Commissioners, Joseph Zahralban, Fire Chief. Thank
you. We have gone to great lengths to ensure that our paramedics, EMTs (Emergency
Medical Technician), firefighters have the personal protective equipment that they
need in order to do their job. We actually got way ahead of this in the end of
December, early January, where we began to procure equipment because we
recognized that everybody was going to be online, and everybody was going to be
competing for the same resources. So, I'm pleased to say that we got probably about
fifty percent of our overall order in stock before things got very competitive. So we
are actually in a very good position with regard to personal protective equipment. We
are meeting and exceeding standards and we continue to receive equipment on a daily
basis, and we continue to put additional orders in to ensure that we have enough
personal protective equipment for the long haul. So you can be confident that our
EMTs, paramedics, firefighters, have everything they need to do their job. And we will
not allow ourselves to fall to critical levels where it becomes a serious issue. If there's
no other questions, I'll yield back to the Manager.
Mr. Noriega: So from a budget and finance perspective, I'd like us to tap in Chris
Rose if we can. Chris, you're going to step in? Oh, okay, come on in, sit down, relax.
Chris Rose (Budget, Director): Thank you, Commissioners. Thank you, Mr. Manager.
So as the Manager said, we are looking at sort of short term, medium term, and long
term impacts. As of this past Friday, we had spent a little more than $2 million on
some of the things that the Fire Chief had talked about, but that number is growing
over time. But of a larger concern right now are the revenue impacts that we're
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looking at. And of course, we don't know how long this will last. So our projections,
this has been one of the most difficult months to do a projection for my staff and if --
if this -- if we remain in the current situation for a month, and none of us know
whether we will or will not, but if it's about a month then we're looking at about $17
million less revenue than we had looked at the previous month. Now that doesn't mean
that every month is a $17 million number, it just means that that first month is a 17.
So it is -- it's things like state revenue sharing and sales tax, it's charges jroservice,
people are not in some of the places that they normally would be, giving the City
payments for services that the City provides. And so all of this is going into what
we're looking at, but there are a lot of variables right now.
Commissioner Reyes: Okay.
Commissioner Carollo: Chairman?
Vice Chair Russell: You're recognized, sir.
Commissioner Carollo: Do you mind if I ask the Budget Director a couple of
questions?
Chair Hardemon: Yes. Do keep in mind that I had Commissioner Reyes that wants to
speak next. But considering the fact that he just jumped in, let you interject. So you
can speak.
Commissioner Carollo: You want me to go forward, or you want Commissioner Reyes
to?
Chair Hardemon: Because he just jumped in, I'll allow you to ask your questions of
the Budget Director.
Commissioner Carollo: Okay. Chris, I've got a couple of key questions. First and
foremost, on this fiscal year's budget, you've answered part of what I was going to ask
you. You're estimating for next month maybe a shortfall of $17 plus million, correct?
Mr. Rose: Yes, sir.
Commissioner Carollo: Okay. If it keeps up, what do you estimate, and I know it's
only an estimate, on the following month how much will we be short?
Mr. Rose: It really -- there's so many variables that I'm honestly not willing to go on
the record vet.
Commissioner Carollo: Okay. And I understand that. I understand that. How much do
we have in this year's present budget in reserves?
Mr. Rose: So, we are fortunate that City Code requires us to budget $5 million of
emergency contingency reserve. We're also fortunate that the federal government has
already said that they will reimburse 75 percent of most of the expenditures that are
going on right now. We are operating under the assumption that the State will also
reimburse half of the remainder, as they normally would in a time of crisis such as
this. So with that said, $5 million is the answer to your question. But with
reimbursements, we can stretch that a good ways. Again though, I need to stress that
the expenditure side is not -- is not the largest of concern. The revenue side is --
Commissioner Carollo: I understand, but they go hand in hand.
Mr. Rose: Yes, sir.
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Commissioner Carollo: Now, true, the federal government has said they will
reimburse 75 percent. In theory, the State is supposed to reimburse us for half of our
25 percent, which is another 12 and a half percent that we get reimbursed for. And
the President has said that in states like New York, and possibly others, they're going
to have a hundred percent paid by FEMA (Federal Emergency Management Agency).
So we might or we might not have the full amount paid. The problem is not if we're
going to be reimbursed, when are we going to be reimbursed? So, we have to plan for
a year, a year -and -a -half two years of when we're going to be reimbursed for dollars.
And I think we've all had experience with the recent hurricane, look how long it's
taken for the City to be reimbursed in many areas. Now 1 understand we have $5
million in reserves. There are more reserves in each of the individual departments
that we have to be honest with each other and find and get a report to the Manager of
how many reserves each department actually has within each individual budgets,
including our own elected officials' budgets. At the same time you need to come up
with a report to the Manager that can identify every single area that we can start
making cuts right now and save money that we don't have to spend. Last but not least,
this is in this fiscal year's budget, how much do we have in the overall City reserves
that is actual monies that we can spend for any needs that we have?
Mr. Rose: So all valid concerns, Commissioner, thank you for bringing them up, and
they are things that we're looking at right now. I can say that the City's
comprehensive annual financial report just came out this past week for the year that
ended last fiscal year, and in that we are looking at 69 and a half -- no, 69.05 million
of unassigned fund balance, effectively unrestricted fund balance. That is only about
$2 million higher than what this City's self-imposed financial integrity principles
require at about 67. So, we are meeting our financial integrity principles as of
September 30th this past year, but we are sitting on, as you asked, about $69 million
of unrestricted general fund reserve. We would of course never want to go too far
down on that. And in a perfect world, we would not want to go any down on that. We
would hold where we are. But in answer to your question, sir, 69 million.
Commissioner Carollo: So you've got 69 and a half million unrestricted reserves,
you've got 5 million on this year's reserve. We're at $73 and a half million, and --
actually $74 and a half million, of actual money that we have in reserves. That's
without going department by department and finding out how much money we can
pull out right now. Now in a perfect world, like you said, we wouldn't want to go
below that. But we're not living in a perfect world now, we're living in a crisis unlike
anything that any of us have ever seen in our lifetime. So let's be real, we're going to
go way down on those reserves. We have no choice. Out of the almost $75 million that
we have, we're going to have to cover from that 17 or more for the amount that we're
not going to be getting in in new revenue next month. So we could start subtracting
from that and see what we've got left for all the other needs that we have. I suspect
that we can probably pull maybe as much as $15, $20 million in other reserves that
we would find around the City, or in cutbacks that we could make.
Chair Hardemon: Thank you very much, Commissioner. I want to recognize
Commissioner Reyes and then Commissioner Alex de la -- Diaz de la Portilla, I'm
sorry.
Commissioner Reyes: Well, Chris, I was going to ask you a couple questions, but first
of all I want to congratulate and thank the Administration. Art, you're doing a
magnificent job. You and your team, they have been outstanding. Outstanding,
outstanding, the job that you are doing. And as Commissioner Russell stated, it is
almost unbelievable that you've been a City Manager Jrosuch a short time, and you
have the grasp that you have of our City government. I was going to cover a lot of
questions, but they were very eloquently stated and asked by Commissioner Ken
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Russell and Commissioner Joe Carollo. They were my same concerns. And I am real
glad that we are on the same page. And one thing that 1 want to state is that
traditionally what we -- the biggest problem that we had encountered in our finances
is not this next year, but the second year, that will be 2022. And I think that we've got
to prepare for that and the only way to prepare for that, to do that, is by taking the
steps that you had mentioned, Mr. Carollo and Mr. Russell. We have to go back into
our budget and see where we can save money or where we can use best practices and
be more efficient. And I would love to see that. And I think that -- that when we talk
about a reserve, unrestricted reserves, I have no doubt that anything that we use in
the future years we will be able to recoup and make it whole again. But I'm glad that
at least we are on the same page and that you have very eloquently took all the
questions that 1 have have been taken care of by my colleagues. Thank you. Thank
you, Art. And thanks -- thank to all the employees of the City of Miami for the effort
that they are making.
Chair Hardemon: Thank you, sir. Commissioner Diaz de la Portilla?
Commissioner Diaz de la Portilla: Thank you, Mr. Chairman. I only have one
question for Art and then maybe it will be a good segue into the first item we're
supposed to discuss today, which is the shelter in place, and possible other actions we
can take, curfew and others. My question, Art, to you is soft enforcement versus hard
enforcement. We had some conversations last week that you initially were going to
start with some soft enforcement, now obviously as things grow dimmer, we want
maybe perhaps a stronger enforcement. What's your plan and what's the police force's
plan, and maybe the police chief can address this issue to enforcement and, you know,
how many patrols are we going to have, how are we going to tell people to stay home
and follow the new rules and the new orders that have been issued?
Mr. Noriega: Well we have -- and obviously we've had a number of conversations all
of us individually with regards to enforcement, and more particularly how heavy-
handed we want to be with that enforcement. The Chief and I have spoken on
numerous occasions as we've added elements to the emergency orders. In particular,
what type of businesses when we were really looking at occupancy loads initially and
restricting those, we talked a little bit about the methodology. And in light of the
current emergency order, we've specifically spoken in terms of how we're going to
communicate that. Particularly in certain situations, certain instances. And that
although the state statute would allow us to enforce all the way across the spectrum in
terms of arrest, we've discussed really initially doing warnings and then potentially
citing individuals. But if the host can patch the police chief and I'd like him to
potentially expand on what I just referenced.
Mr. Noriega: Chief are you there?
Commissioner Diaz de la Portilla: He's coming on.
Commissioner Reyes: Yeah.
Mr. Noriega: Yep.
Jorge Colina (Chief Police): Mr. Manager, do you hear me okay?
Mr. Noriega: We do.
Mr. Colina: Okay. So to the question, yes, we've had many discussions in terms of the
enforcement. Obviously with this order, it gives us now not just the power of
suggestion, what we're basically asking people to shelter, this order gives us the
authority to now to take formal action. That formal action can be up to arrest, which
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if someone is convicted, would be six months in prison and/or a $500 fine. Obviously
that would he as a last resort. The idea here is that we go out and we educate the
people that are out and about. If someone is blatantly disregarding the order, if
someone is blatantly disregarding the social distancing concept, and they're not
adhering to that, then obviously that's a place where we would be more forceful. We
don't want people to feel like they can't go outside their home, for example, and walk
their dog. If we see someone bicycling together, you know, we71 stop those people and
say you can go outside and ride the bike around the block, but you want to have some
distance between you and your other rider. The same rules apply to everyone. If we
see vehicles out in the street, you know, we're going to stop those vehicles and make
sure that these are people that are going out to the store, to go to the restaurant, that
are performing an essential function. So that that first element, we think it's really
important that it's more of an educational component, a warning component, unless
someone is blatant. And the reason for that is we don't want to add to someone's
misfortune of already they've either, a, lost their job or, you know, had a cut in hours,
et cetera.
Commissioner Diaz de la Portilla: Are you adjusting -- may I Mr. Chair? Are you
adjusting your rotation of your police officers, your patrols, throughout the city so
you can enforce the stay in place order, the shelter in place order?
Mr. Colina: Yes, sir. So what we've done in the police department is that every
element of the police department, whether it's Investigations, Training,
Administration, Internal Affairs, everyone is what we call patrol ready. So already,
about a month -and -a -half ago or so, we were already getting ready that we might be
in a predicament where we need to use all hands on deck. So we made sure that
everyone had the equipment that they had to be prepared to go out and patrol
regardless of their function. So right now we actually have more officers deployed
than we would normally have. And we have more people in reserve ready to deploy
than we would normally have in case we have to beef those patrols up. We also took
the cameras, Commissioner, that are mobile, that we normally have in areas where
we have a lot of people congregating, events, et cetera, and we took those cameras,
and we moved them to areas of retail. So the Design District, Bayside, Southwest 8th
Street, so we can monitor those areas to make sure that the people aren't, a,
congregating and, b, that someone doesn't want to get the idea that this might be a
good time to loot, for example.
Commissioner Diaz de la Portilla: And if I may, and what have you found? What's
been the pattern? Have you found any pattern of where people are congregating?
Mr. Colina: You know, honestly in the city, in the city of Miami for the most part
people are adhering. You will have a person or two. like we've seen on television, that
is oblivious to what's happening in the world. But for the most part people are
adhering to the rules. And when we have asked them to please make sure that they
follow the orders, they comply. We've been documenting reports, so when we go out
and we see someone that isn't, I'll give you an example, we had a call the other day
about (FOREIGN LANGUAGE) that you know, they considered themselves essential,
you know, we told them please close your doors. And we documented it in the form of
a report. That way we can track who is repeatedly not following the order. That hasn't
happened yet. So, everywhere we go where we speak to someone about, hey listen,
you're not supposed to be open, you might have not known that, or you're supposed to
practice in this manner and not let people be outside your window, we're actually
documenting that in a report.
Commissioner Diaz de la Portilla: And I have one more. If we were to implement a
curfew, would you enact the same practices? Would you utilize the same practices in
enforcement?
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Mr. Colina: No. If we enacted a curfew, we -- that would be a little bit more strict.
Because in a curfew you're not allowed to be outside. And so, with the order as it sits
right now, there are many circumstances on why you would be out and about. With a
curfew, that wouldn't be the case. With a curfew, unless we made certain -- if we
allocated for restaurants to remain open, for example, that would be one element.
Outside of that, if it's a curfew you need to be in your home and if you're not in your
home you're being challenged by us asking why are you not at home.
Commissioner Diaz de la Portilla: Would we need to implement certain exceptions
like for a medical emergency or things of that nature within that curfew language?
Mr. Colina: Yes, we can do that. We can do that, absolutely.
Commissioner Diaz de la Portilla: Have other cities done this in Dade County and
have you been in contact with other cities and municipalities throughout the state that
have done this in the last --
Mr. Colina: We have been in contact, Commissioner, with police departments not just
here in the state. Tomorrow I have a conference call with police chiefs from across
the state of Florida. I've been in contact with chiefs here in Dade County and I've
actually been in contact with chiefs across the country to find out what they're doing
since they're ahead of us in terms of how severe it is. So for example, I've spoken to
the Chief of San Francisco, I've spoken to the Chief in Los Angeles, I've spoken to the
folks in New York, just to get an idea of now that this has happened there, what are
you doing, what has worked, what hasn't. There are some places that have already
instituted a curfew and for the most part people are complying.
Commissioner Diaz de la Portilla: And you feel confident in yours and your
department's ability to enforce that curfew?
Mr. Colina: Absolutely. You know, the City of Miami, Commissioner, as you know
we've been through many things. Nothing quite like this, but I can assure you that the
men and women of the police department always rise to the occasion. And we're going
to be prepared to do anything and everything that we need to do to keep people safe.
Commissioner Diaz de la Portilla: Thank you, Chief
Vice Chair Russell: Mr. Chair?
Commissioner Reyes: Mr. Chair?
Vice Chair Russell: Question for the Chief
Mr. Colina: Yes, sir.
Vice Chair Russell: Thank you. Chief Colina, the Fire Chief responded with regard to
PPE for his employees. I'd like to ask you the same question to make sure as you
enforce this and other laws, are your -- is your team well enough equipped, do you
have what you need to make sure that they are safe and the people they are working
with are safe?
Mr. Colina: We're in a bit of a different situation than the fire department because the
majority of the fire department's calls are medical related already. So, with the police
department if it is a, and I'll just give you a random example, a disturbance between
two neighbors, the idea is that we respond and we will deal with the people involved,
while practicing the social distancing ourselves. And so if we can minimize contact,
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that's what we can do. Very early on in this process 1 sent a video message to all the
officers explaining to them, you know, stop someone if they're not driving properly but
give them a warning. If you don't have to give them a ticket don't do that right now. If
you don't have to put your hands on someone, don't do it. If you have the ability to
give someone a promise to appear as opposed to physical arrest, do that. Obviously,
there's circumstances where we have to put our hands on people and that's just the
nature of police work; we're going to do what we need to do. We have gloves, we have
masks. We have more masks on order. We have the gallon jugs of the sanitizer. We
don't have the small ones anymore, but we've ordered more of those. If we are aware
that someone is ill and we're responding to a call, then obviously those officers will
already be wearing masks, gloves, et cetera, to make sure if they have to interact with
someone they believe is ill, they're better prepared.
Vice Chair Russell: Thank you, Chief.
Commissioner Reyes: Mr. Chair?
Chair Hardemon: You're recognized.
Commissioner Reyes: Yes, I have a couple of questions. Well first of all Pm going to
take this opportunity, now that you're mentioning the masks, to recognize Home
Depot for donating 10,000 masks that we have received, EOC (Emergency Operations
Center) has received, about 4,800, and there is another load that is corning on. Chief
my question has to do with the amount of people or the people that they are not
paying attention to this, to the shelter in place and maintaining distance one from the
other. And like I know that maybe there are some places that we have seen people
they are even partying and celebrating. Is there any area for the City that they -- you
have noticed that type of activity is more prevalent than in other areas? For example,
people that in some areas that they don't pay attention to all the different mandatory
actions that we have, that have been stated by the County and by the City.
Mr. Colina: The only areas, and it's really not a problem now, it was a problem
probably four or five days ago, was some of the places in Brickell that have a lot of
Airbnb. And so, they had people that were there visiting and of course they're thinking
Tye want to be down by the pool area. And so we did get some of those calls. We did
get a call that we had to respond to at -- off Biscayne Boulevard and 16th Street,
where they were taking people out kind of like on a party boat. We had to shut that
down because that was an obvious -- that's one of those circumstances where you
obviously don't care what's happening. And so there, that was a hard shutdown. It
hasn't happened again. But as of the last few days, I'm happy to report that at least in
the City, you know, people are complying.
Commissioner Reyes: Another question, Chief. In case that we implement a curfew,
how are we going to distinguish from those persons that they are violating the curfew
and those people that they are going to work, or they are going to the store to get
some food, or they're going to go visit or bring some supplies to their parents? Are we
going to be able to offer them like a pass? Because I had this question from many of
my constituents. They are concerned that that they work someplace, I mean for
example, a person called me, that person lives in my district, but he works in Hialeah.
And he works at a restaurant in Hialeah and has to leave at 6 o'clock in the morning.
And he was asking me if we had a curfew, how can he be sure that he's not going to be
stopped or be arrested, or that -- I mean there's going to be consequences that he
would have to face? We have to develop some type of process by which we identify
those persons, and we provide them with some sort of identification, or a pass, or I
don't know. I think that I'm going to ask for your expertise in order to suggest what we
should do.
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Mr. Colina: So typically in a curfew, anybody that's out in the street we're going to
challenge. And the reason behind that is because the idea is that we don't want you
out in the street. We recognize that there's going to be some people that have to be in
the street. And so if someone works at the news media that goes in at night, for
example, or goes in early morning because they work in print media or they work at
the hospital, typically those people have ID (identification). If you work at a hospital,
you have ID. If you work for media and you're allowed to be out, you have ID. If you
work for a government entity that requires you to work at night, you have
identification. It's a little bit more challenging if we're going to allow restaurants to
stay open past 11 o'clock in the evening. That becomes a little bit more challenging.
Ideally they have some sort of identification that shows that they do work at a
restaurant. That would be a challenge that we would have to face, if that's one of the
exceptions. Now obviously you have the authority to say, listen, everyone at 11 o'clock
or at midnight needs to be closed and there is a curfew in effect. That makes it
obviously much easier for us to enforce.
Commissioner Reyes: Well that's it -- if the curfew is going to be from II o'clock to 5
o'clock in the morning or whatever.
Mr. Colina: Yes.
Commissioner Reyes: Okay. And but what I'm also questioning is how we are going to
identify, are we going to allow Uber and Lyft to also pick up and be on the street?
And in my -- also 1 have calls from people that are driving, and they are Meals on
Wheels, and they take hot food to the -- some of the senior centers, and they are afraid
that this is going to, 1 mean, interfere with their job. There's not only those people that
has -- that they have an ID, everybody doesn't have an ID. But what 1 would request is
that we provide, or we establish a process, or some sort of IDs that that would be
given to those people at probably, I don't know, the police department. The City
Manager would have to do that. Those people that they are working in those essential
businesses. And in order for them to be able to move around and don't be stopped.
Mr. Colina: We didn't find --
Commissioner Reyes: Because we have to differentiate -- be able to differentiate from
the people that are working and people that are loitering.
Mr. Colina: Yeah, and what we can do, Commissioner, is, well first, obviously
whatever it is that the five of you decide to put in that order or if you even decide to
have the order, but let's just assume for a second that you do decide that you want to
institute a curfew, first, whatever the exceptions are we would have to list that.
Commissioner Reyes: Okay.
Mr. Colina: And then if we challenge someone and they don't have an ID of that job,
we still have the ability to take that person's name and information from that stop and
essentially let them know that they need to tell us the truth. We're going to document
who they are and verify where it is that they work. Because this is a crisis that we're
in and there are people that just by nature don't want to comply with the law. But if
you five decide that this is the course that we're going to take, we're going to
challenge people in the street and they're going to have to have some form of
identification from where they work. And if they don't, we'll document who they are
and there will be consequences to that. And we'll just have to let everyone know,
whether it's through a press release or the Manager speaking to the media or you
gentlemen, letting everyone know this is the expectation, this is what we're going to be
doing, so no one is misled. But if there is a curfew we're going to enforce it.
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Commissioner Reyes: I do understand, and 1 agree that we are in a crisis, and we
have to take measures. What I'm trying to do is 1 am enumerating, or trying to point
out different situations that in order that if we decide that this is the course of action
that we're going to take, that we are aware --
Mr. Colina: Yes, sir.
Commissioner Reyes: -- (UNINTELLIGIBLE), we're going to vote for a curfew, but
we have to take into consideration all this different aspects of it, so we are not going
to be stopping everybody, 1 mean or ticket -- they're giving them a ticket or arresting
or whatever. We have to provide certain type of IDs to those people that are legally,
or they are complying with the requirements of the law.
Mr. Colina: Yes, sir, understood.
Commissioner Reyes: Okay, thank you.
Commissioner Carollo: Chairman Hardemon?
Chair Hardemon: I want to add something to this discussion. There was a time when
this pandemic first broke out in the City of Miami, Miami Beach, and other
neighboring cities, where we found ourselves where there were businesses that were
open, where you had a significant amount of people that were congregating, where it
was really and truly a space that it was problematic for us to thwart this virus. And
so, I think we've come a long way from that time. So it's not -- we're not in the position
right now where you have clubs that are open on Miami Beach or restaurants that are
allowing people to sit down and congregate or people sitting down in bars and they're
drinking and moving forward like everything's fine. We're in a position now where
everyone for the most part is bunkered down, where only essential businesses are
open, and people are generally respecting what is being requested of them. What I
caution us about is implementing additional criteria that makes things not only more
difficult for I would say our police department, but for us to maintain some sort of
order. So, when I think about the curfew for instance, it makes me -- it makes me
think, a curfew for to me becomes necessary when there is a threat to someone's
property or safety, and we need to make sure that everyone who's on the street is
friendly. And so police officers, for instance, if there was some sort of civil
disturbance, or riot, if the people don't understand the language, then you would ask
for a curfew to make sure that everyone that's out at night, no one's breaking into
homes, no one is doing anything that is violent or destructive to people's personal
property. In this situation our biggest issue is really social distancing, that's what the
problem was. And we shut down the restaurants, we shut down all these different
businesses, because they were not adhering to the social distance requirements'. And
so I caution us to say, hey, this implemented curfew is going to affect social
distancing, you know. Is that going to be something that's going to help us thwart the
COVID virus? Because unlike Key Biscayne, we don't exist where you're one way in,
one way out. So, a lot of people who don't live in the City of Miami, they find
themselves caught up in this whole -- this net, if you will. People drive to and through
our city all the time and I don't want to put ourselves in a position where someone
who is not necessarily subject to a -- to this order gets stopped by the police and then
negative things happen. You know, in our community, that's how things start, they
start with a police stop, a police encounter, and then they escalate from there. And so
I just want us to caution -- I just want to caution all of us about, you know, the road
that we're taking because I think this is a very serious road. And it may be necessary,
but I question whether or not it's necessary at this point right now. I'm going to
recognize -- I see a finger up, so I'm going to recognize Commissioner Ken Russell
and if there's anyone else just, you know, just show me your hand and I'll
(UNINTELLIGIBLE).
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Vice Chair Russell: Curfew question.
Chair Hardemon: Then Commissioner Joe Carollo.
Vice Chair Russell: It's a curfew question. I noticed in the stay at home, the shelter in
place order that the Manager drafted, that the curfew was expressly not put in there.
And I'd like to ask him his reasoning why in analyzing other cities and our situation
why he chose not to. If there's a logic to that, I'd like to respect that and understand it.
Mr. Noriega: So, my personal perspective on it is 1 felt that at this moment in time,
particularly because the section of the code that really allows the power for us to
implement a curfew is really wrapped around the issue of civil disobedience, civil
unrest, and the need to protect personal property. So, I wasn't sure we were at that
point yet, which is why I didn't include it in the -- in the shelter in place order, or part
of the latest emergency order. Not to say that at some point in time it might not be
necessary, I just felt it wasn't an important component of it really at this juncture.
Commissioner Reyes: Do you think that it is necessary at this time after a couple of
days have passed by?
Mr. Noriega: I don't.
Commissioner Reyes: You don't. Okay. Okay, now 1 want to add to what
Commissioner Hardemon said. I am concerned, and 1 wish if we want to go into
curfew that it's countywide, really, because given the geographic position of the city
of Miami, we have everybody has to cross the city of Miami to go from point A to
point B, you see? If you work in Downtown Miami, you have to go through city of
Miami. You want to go to Hialeah, and you live in the south, you have to cross the city
of Miami. I think that -- and let me tell you this, I am not opposed to the curfew. I
want to be clear. But 1 see certain future problems that could arise because of people
that is just going -- I mean is just traveling through the city of Miami, how are we
going to differentiate that person from a person that is a resident of the city of Miami
and violating the curfew? You see, that the police department has to stop them. And I
would love to see if we get in this all together, the EOC, the County, and all the
municipalities, and follow suit and we just start taking action together, you see, and
have a consensus. But we don't have it. We don't have it. And so we have to analyze
this very carefully. Very carefully.
Chair Hardemon: Commissioner Carollo.
Commissioner Carollo: Thank you. Chief?
Mr. Colina: Sir.
Commissioner Carollo: If I may ask of you and the Fire Chief that's off camera next
to the City Manager, if on behalf of all of us, the elected officials, if you could express
our gratitude and thanks and appreciation to all the first responders in the police
department, the fire and rescue department --
Commissioner Reyes: Absolutely.
Commissioner Carollo: -- and in particularly to their families. Because they are the
ones that are having the biggest anxieties, the biggest stress, because you guys are out
there in the streets, on the front lines, and this silent enemy that we have, we have no
idea when we could pick it up and bring it to our.families and loved ones. So on
behalf of all of us, please let all your employees know that we're extremely grateful of
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the job that they're doing for all of our residents, and us, at this point in time. And,
Mr. Manager, if you could also express the same to all the other employees that we
have that are not police or fire, like solid waste and others, that are in the streets now
in essence being first responders, too, of a different type and level, doing the job that
is also very dangerous for the reasons that I've stated. So, to all of you on behalf of all
of us, express our gratitude and appreciation.
Mr. Colina: Thank you, Commissioner, we'll do that. Absolutely. Thank you very
much.
Commissioner Carollo: Thank you. Having said that, and this is now to Chief Colina,
the shelter in place that we have has a series of exemptions. And there's a lot of
confusion all along this. So, what I think is important, Chief and I'm going to explain
to you one incident that 1 -- I was made aware of. last night, it's important to have
some guidelines that each of the officers that are on patrol have them to refer to and
know what the exemptions are. And I'm not blaming any of your officers because
there's a lot, and it's confusing, but for instance last night an individual, that after I
spoke to the Mayor I told him that I thought he was fine as an exception, he's got a
small place, sandwich store, he's doing take-out only and deliveries. And he was told
by one of our officers that he had to shut down between midnight and 5:00 a.m. I felt
bad because I told him that he was under exception. If I'm wrong, then I need to know,
but if not, we need to make it clear to our officers. And again, this is not their fault
because there's too many exceptions --
Commissioner Reyes: Yes.
Commissioner Carollo: -- what the exemptions right now in dealing with it.
Mr. Colina: It is -- it has been confusing. And I'm not making excuses for the officers,
but --
Commissioner Carollo: It is, it is.
Mr. Colina: -- it's confusing. We have one of the City attorneys that was kind enough
to produce a pretty simple list of the latest exceptions. Because as you know that's
kind of evolved. And then I think what's added to the confusion is that Miami -Dade
County has been very vocal, and the changes are very frequent. So -- and it's not to
criticize anybody over at the County, but they'll make one statement and then it seems
like an hour later there's a conflicting statement. And I've received a lot of those
phone calls, I've in turn have called our manager to get clarification. But today one of
our City attorneys gave me a list that I think is quite helpful that we'll send out to all
the officers. And then we'll do our best to update it. If something changes, we'll do our
best to certainly update it. But I appreciate it.
Commissioner Carollo: Good. And I appreciate that. One last statement on this
shelter in place. And I think this goes hand in hand with that. Here, we're -- placed a
shelter in place in our city. But I just heard that there's supposedly two additional
cruise ships that are coming to the Port of Miami, which is controlled by the County.
But in order for people to get out, they've got to come through the city, because there's
no other way. And I'm told that in those two ships, there are people that have tested
positive for this virus. Now -- and that almost makes it difficult, so I wouldn't use
another word, to protect our residents when we're having this. I can tell you all that
just two days ago I received a call from some very important individuals that were in
the Bahamas with two huge yachts, that needed to have a place to put them in with
their crew and themselves. And they promised that they would self -quarantine for 14
days before going out. And the Trust could have received anywhere from 200 to
$400, 000. I declined it fir two reasons. First and. foremost, we had the Mayor of Dade
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County's Order on shutting down marinas. But secondly, I wanted to protect our
people here, because this is a time that as much as we might need money going to the
future, lives matter more than dollars. So, hearing this from two cruise ships corning
in in a place that we don't control, it's the County, but they're going to be coming and
being spread out through our city is very troublesome. So, Mr. Manager, what can we
do in the spirit of cooperation that we should have and are having with the County to
make sure that if they're going to be allowing ships to dock in the Port of Miami, that
they be placed also in quarantine, like we're asking people to self -quarantine. That
they're not going to be allowed to leave there where as this happened already. No one
is even taking their temperature, no one's asking them a single question. And who
knows where they're going to into our community. And maybe, just maybe, this is why
the maps that I've seen, we don't have a central area of infection. It's all over. 1 mean
where you can't really pinpoint a main area that people have been infected in our city.
Mr. Noriega: So what we'll do, Commissioner Carollo, is following sort of the
example with regards to the restrictions on flights from those, sort of -- we'll call hot
zones, around the country which Governor DeSantis issued an order restricting them
as well as screening passengers that deplane the planes and then forcing them into
quarantine -- self -quarantine maybe we could encourage the State to issue a similar
order for cruise ships as well as reach out to the County and get some cooperation
and some compliance, really along the same lines. And I'll certainly make that effort,
and I would encourage the Mayor to assist in that as well as each of you. But we have
a -- we have an actual example of that in terms of what's happened in our airports. 1
think we should sort of follow in line with that -- that precedent.
Commissioner Carollo: Unfortunately, Mr. Manager, the airport is self -quarantined
from what I'm hearing right now. And particularly, in respect to people coming from
other states that have a high infection rate. Now let me address this to the City
Attorney. Madam City Attorney, since the entrance and exit to the Port of Miami is
City land, they have to go in or come out through our city. Can you research to see if
there's anything we could do to blockade that entrance or exit where we can limit only
the people that are there to do essential work from going in or going out? And that
we're not just letting every tourist ship that comes in, every cruise ship that comes in,
unload people without -- not having any idea if they're infected or where they're going
to go in to our community and spread an infection.
Ms. Mendez: We'll do some research, Commissioner.
Commissioner Carollo: I appreciate it.
Mr. Colina: Commissioner, I can speak to the Director in the morning and find out if
they have a plan in place and what that plan is for these two ships, if they're allowed
to dock there or not. I believe it's two Costa Cruise Line ships and there's supposed to
be about 30 or so that are showing flu -like symptoms. And so I'll call him in the
morning, and I'll find out is there a plan? Are these people going to be allowed to get
off the ship? And what exactly is that plan? And then I'll deliver that information back
to you and the rest of the Commissioners.
Commissioner Carollo: Thank you, Chief And I'm saying this because before we
started getting high numbers of people infected in our city, and overall in Greater
Miami -Dade County, we had several of these cruise ships that were allowed to dock.
Some of them it was confirmed that people had been infected and the reports that I
heard was that nobody was checked whatsoever nor were they asked any questions
when they were let out.
Mr. Colina: Yeah, I'll get a report in the morning, and well see. You know, hopefully
there's a plan in place, but regardless I'll get the information and pass it on.
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Commissioner Carollo: Thank you, Chief.
Chair Hardemon: Okay, what I'd like to do is, we've been discussing SP.4, so there's
been an update from the City management since progress. I know that we have three
other items that are a bit more particular. And if you all are ready we can move to
those items.
Commissioner Diaz de la Portilla: Mr. Chairman, I believe that we already did. We
sort of segued, we were discussing the shelter in place, was Item 1, that we were
talking about, the curfew. 1 think there was comments made to that, so 1 think we can
procedurally move into taking up Item 1. And I think the Mayor had some comments
to make. 1 heard him raising his hand. I don't know if any of the other commissioner
has any other comments.
Vice Chair Russell: He's muted.
Commissioner Reyes: Can't hear you.
Chair Hardemon: Who had a comment they wanted to make?
Commissioner Diaz de la Portilla: The Mayor I think had some comments.
Chair Hardemon: I can't see the Mayor. Mr. Mayor, you're recognized.
Mayor Suarez: Can you hear me?
Chair Hardemon: Yeah, I can hear you now.
Mayor Suarez: Thank you. First of all, and I'd sort of like to make some introductory
comments. You know I called this special meeting at the request of Commissioner
Diaz de la Portilla who provided a very comprehensive agenda about the things that
we are dealing with in this crisis. I really want to echo what Commissioner Carollo
said, particularly about our first responders. Those who are on the front line, who are
the face of our city in this crisis, and during this crisis. I want to thank in a very very,
special way our City Manager, our Fire Chief our Police Chief and our Emergency
Manager, who have been exemplary throughout this entire crisis. I want to thank each
and every one of the Commissioners. Each and every one of you have risen to the
occasion, have promoted, as I think Commissioner or Vice Chair Russell said, your
own initiatives to, you know, maintain a steady, quality of life for our residents during
a very very difficult moment. And so I really, really want to commend you all for that.
And I want to thank you also for always checking up on me. And I want to thank all
our residents who have texted me and called me throughout this process.
NA - NON -AGENDA ITEM(S)
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7355
City Commission
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE
CITY MANAGER TO ESTABLISH A GENERAL CURFEW
THROUGHOUT THE CORPORATE LIMITS OF THE CITY OF MIAMI
("CITY") BEGINNING ON MARCH 27, 2020 BETWEEN THE HOURS OF
10:00 P.M. AND 5:00 A.M. DAILY UNDER THE AUTHORITY GRANTED
TO MUNICIPALITIES BY FLORIDA STATUTES SECTIONS 252.38, ET
SEQ., AND 501.160, AND EXECUTIVE ORDER NUMBER 20-52
PROMULGATED BY GOVERNOR RON DESANTIS ON MARCH 9,
2020, MORE SPECIFICALLY, SECTION (4)(D)(1) PROVIDING THAT
EACH MUNICIPALITY IN THE STATE OF FLORIDA IS AUTHORIZED
TO WAIVE THE PROCEDURES AND FORMALITIES OTHERWISE
REQUIRED OF THE POLITICAL SUBDIVISION BY LAW PERTAINING
TO THE TAKING OF WHATEVER PRUDENT ACTION IS NECESSARY
TO ENSURE THE PUBLIC'S HEALTH, SAFETY, AND WELFARE, AND
PURSUANT TO CHAPTER 45 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, TO PROHIBIT PERSONS WITHIN THE
CORPORATE LIMITS OF THE CITY DURING THE DECLARED
CURFEW HOURS FROM STANDING, CONGREGATING, OR MOVING
ABOUT, WHETHER AS A PEDESTRIAN OR BY MEANS OF A
VEHICLE, EXCEPT AS NECESSARY TO PROVIDE FIRE, POLICE, OR
HOSPITAL SERVICES OR WHEN ENGAGED IN AN ACTIVITY
ENUMERATED HEREIN; FURTHER AUTHORIZING THE CITY
MANAGER TO MODIFY THE TERMS AND CONDITIONS OF THE
CURFEW AS DEEMED NECESSARY; PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
ENACTMENT NUMBER: R-20-0087
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Alex Diaz de Ia Portilla, Commissioner
AYES: Hardemon, Russell, Diaz de Ia Portilla, Carollo, Reyes
Commissioner Carollo: None of us want to do that. But let me go ahead and I think it
will be appropriate for Commissioner Diaz de la Portilla, if he agrees with this, to
make the motion. I'll gladly second it, or someone else can. It would be a motion to
have a curfew in the City of Miami beginning this corning Friday from 10:00 p.m. to
5:00 in the morning. And that the only exceptions that we're going to be having are
people that have to go or coming from work, that need or have a medical emergency,
or are taking their dog out no more than 500 feet from their place of residence.
Because we don't want someone to be walking, you know, the whole town with a dog
in hand and they're going to tell us I'm taking my dog out. It has to be no more than
500 feet --
Commissioner Diaz de la Portilla: Five hundred feet is pretty far, Commissioner.
Commissioner Carollo: Well, it is, so if we're giving them --
Commissioner Diaz de la Portilla: Two hundred feet, you know, because that's like
three, that's like five blocks.
Commissioner Carollo: Well no, no, it's not.
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Commissioner Diaz de la Portilla: Yeah, 1 know, I'm joking.
Commissioner Reyes: Let me --
(MULTIPLE PARTIES SPEAKING IN UNISON)
Ms. Mendez: Commissioners, --
Commissioner Carollo: We have --
Chair Hardemon: Everyone, everyone can't speak at the same time. Please allow
Commissioner Joe Carollo to finish his statement. Then Manolo Reyes, then the City
Attorney wants to say something.
Commissioner Carollo: The three exceptions would be work, coming or going,
medical emergencies, taking your dog out to a limit from your residence. And you can
impose however amount of feet you want. I was just thinking where we have a lot of
buildings that sometimes it's not easy to find a place. So, I think even 250 feet, half of
what I suggested, should be more than enough. So we could do 250.
Commissioner Diaz de la Portilla: And I'll second that motion.
Commissioner Carollo: Okay.
Chair Hardemon: It's been properly moved and seconded. 1 want to recognize
Commissioner Manolo Reyes and then -- let me recognize Victoria first because she
may have something that she wants to add.
[Later... ]
Chair Hardemon: All right, let's move on to the next item on the agenda.
Vice Chair Russell: Todd's trying to speak but he's on mute.
Commissioner Reyes: I'm sorry, I wasn't here when the vote was on.
(UNINTELLIGIBLE). Okay, it's already taken place.
Chair Hardemon: You were walking up. Okay. So the vote was whether or not, I
included you in the vote because I saw you sit down and you didn't vote in the
negative. So, the vote was to implement the curfew as described and I gave options for
a yes or no vote. Did you want to be included in the yeas or the nays?
Commissioner Reyes: In the yeas, but I want to make a clarification. I want to have
the City Manager, as Commissioner Russell suggested, I want to see that he prepares
all the exceptions and very clear. And also I would like that we -- and I'm going to say
this because I believe that at this time, we are in critical time now and we should be
working with all the cities and the County, and I strongly recommend that we reach --
try to reach every other government institution and try to work together and put a
plan together that will benefit the city. That's what I wanted to say. And I don't think
that we should -- I mean, try to get everybody on the same -- try to get everybody
working together. As it happened with Marlins Park now that we have a crossover of
cooperation, and we have that testing site in place. That is my two cents on this issue,
and I hope -- I hope that all the exceptions take into consideration those people that
need to be there, like utilities and all of that. And deliveries and all of that. Thank you.
I vote yes.
Chair Hardemon: Thank you. Mr. Mayor?
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Mayor Francis Suarez: Mr. Chair, I just want to make a quick point. First of all,
thank you for supporting this agenda item that Commissioner Diaz de la Portilla
proposed and that I support as well. I know the Chief mentioned this, hut I just want
to clarify that members of the media who are working, who are documenting, you
know what I mean, the implementation of the curfew or anything related to this
COVID-19 phenomenon are going to fall in that work exception that Commissioner
Carollo put in there.
Commissioner Carollo: Yes.
Todd B. Hannon (City Clerk): Chair, my apologizes, just for the record, the motion
passed unanimously, 5-0.
Chair Hardemon: That's correct.
Commissioner Reyes: Okay.
END OF SPECIAL MEETING
ADJOURNMENT
The meeting adjourned on Thursday, March 26, 2020, at 1:07 a.m.
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