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Submittal-Commissioner Manolo Reyes-Anonymous Package Received
Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Attorneys have an ethical obligation to avoid the Appearance of Impropriety. Fowler strategically chose to have as its prime presenter Mr. Milian, Vice Chairman of the Planning Zoning Advisory Board, making a strategic determination to not avoid the Appearance of Impropriety, a non practicing real estate lawyer attempting to procure real estate work from the City of Miami. The only reasonable inference exerting his political influence, with the Administration and the Commission as the Vice Chairman of the PZAB. As a licensed attorney he and his firm should have avoided the Appearance of Impropriety. Mr. Milian responded to Commissioner Reyes that he would not directly work on the matter, the inference for that answer is that he could do so indirectly. When confronted by Commissioner Reyes regarding when the plans for Freedom Park come to PZAB, Milian stated he would recuse himself...which under Florida law, the only time a person can recuse himself is when they have a direct financial impact to the matter for which they are voting, reveals the connection...financial impact the Vice Chairman. The Vice Chairman then offers to resign from the board, not suffering the 2 year conflict of interest, which restricts all former City Board members from lobbying the City that all others must abide by. Commissioner Hardemon hit the nail squarely on the head when he said, "Well, I won't be working on the project", well it's significant enough that he's here before us today." The City Attorney then states the Vice Chairman will need a conflict of interest waiver by the Commission as he has not served his two years of no lobbying for the City. As for doing business in Cuba there is no firm in Miami that is more connected to the largest American business doing substantial and altogether too frequent business in Cuba, Carnival Cruise Lines. Carnival regularly makes Port of Call in Terminal Havana, the same terminal that was confiscated by the Castro Government in 1960. Carnival is being sued by the previous Cruise Terminal owner Mickael Behn, represented by Colson Hicks. The Libertad Act better known as Helms Burton was passed to prevent companies from "trafficking" in property confiscated by the Castro Government after the Cuban Revolution. There is arguably no American company doing more business in Cuba. Fowler, of course, testified to the Commission they have no role, whatsoever, with Carnival's business interests in Cuba. However, that statement is suspect. Carnival commenced cruises to Cuba in May 2016 it utilizes two ships to travel from Miami to Cuba, the Fathom and the Paradise. Both, the Fathom and the Paradise, among others, are ships upon which Fowler White is defending Carnival from lawsuits emanating from travel to and from Cuba. As you might imagine Cuba is not a signatory to The Hague Convention and as a result there is no process upon which you can serve a Cuban citizen to procure a deposition, the only way to compel a deposition in Cuba is by 1 5c1M- S60(\---CO444"ss'oner \\UM\O \UyCs— \\I\ofloA6V3 4,G\kote, '4cCwed Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk seeking permission from the Cuban Military who will sit with the deponent while being deposed. So as you can see, Fowler White is not only representing the Company that is the largest American Company to do business in Cuba, the same Company that is being sued in United States District Court for the Southern District in Florida for "Trafficking" in stolen property, but Fowler is actively representing Carnival in defending it against law suits that emanate from Cruises undertaken by Fathom, and Paradise to and from Cuba. To compound matters, Fowler will have to cooperate with the Cuban Government to properly defend Carnival. This of course does not address that Ms. Melveny, part of the joint venture Fowler White presents to represent the City regularly consults clients on how to lawfully do business in Cuba. In fact the all laws that attempt to prevent doing business with other Countries are Preempted and Unconstitutional under the Supremacy clause of the United States, see Crosby, Secretary of Administration and Finance of Massachusetts v. National Foreign Trade Council, 100 S. Ct. 2288 (2000). When Mr. Irwin Raij responded that Melveny and Meyers does not presently represent anyone in Cuba he was responding on behalf of that firm and not Fowler. Raji, quickly, pointing out that he is Cuban as a result of his parents coming from Poland and Ukraine through Cuba. Then Mr. Luis Konski, of Fowler White stated that his family equally conies from Cuba, but he never importantly responds that Fowler White is not actively engaged in business with Carnival in its representation of Carnivals sojourn to Cuba, instead focusing on the fact they did not represent Carnival in its Terminal agreement in Havana. That in fact they are representing Carnival in defending Carnival for injuries sustained by passengers en -route and those who are injured in port of call Cuba. 7 Fowler White Burnett , (https:uwww.fowler-white.com/) ATTOtf€TS ST I*W Traditional Values Innovative Thinking Attorneys at Law Since 194. Daniel A. Milian SHAREHOLDER Miami 305.789.9230 dmilian@fowter- white.com (mailto:dm ilian @fowler- white.com) Download vCard (/Portals/0/Attorneys/447 b7cc5- 0c0f-41 da-a3d0- a39968e 17146. vcf) Daniel Milian is a Shareholder in the Commercial Litigation Practice Group. He practices commercial civil litigation, with a particular focus on general commercial litigation, real estate litigation, and condominium and homeowners association law (COA/HOA). Daniel has extensive experience in a broad spectrum of issues such as partnership disputes. breach of contract, landlord/tenant disputes, foreclosures (Plaintiff and Defendant), quiet title actions, and injunctions. This is supported by his background in preparing corporate documents, including: operating agreements, corporate filings, and the sales of businesses. In addition, Daniel has also prepared corporate documents including operating agreements, corporate filings, and assisted in the sale of businesses. Daniel's approach to litigation focuses on developing a comprehensive understanding of the client's business and interests. He applies that understanding through all stages of representation, including pre -litigation counseling and negotiations, developing case strategy, and determining the best strategy to resolve disputes. Active in his community and bettering the city of Miami. Daniel sits as the Vice -Chair of the Planning, Zoning & Appeals Board for the City of Miami, is a former board member for Citizens for a Better South Florida, and is a member of the Loyola Law Alumni Association and Belen Alumni Association, Lawyers' Section. Daniel received his Juris Doctor from Loyola College of Law where he served as Vice President of the Student Bar Association, President of the Hispanic Law Students Association, and as an ABA Representative for the Student Bar Association. He obtained his International Master degree in Business Administration from Florida International University and his Bachelor of Science from the University of Miami. Practice Commercial Litigation (/Practices/FWB- Practices/CommercialLitigation) Admissions Florida United States District Court, Southern District of Florida United States District Court, Middle District of Florida Education Loyola College of Law, Juris Doctor Florida International University, International Master in Business Administration University of Miami, Bachelor of Science Accolades Brickell Magazine, The 2017 Top 20 Professionals Under Forty Languages Spanish Submitted into the public record for item(s) RE.14 on 05/23/2019 , City Clerk Professional Associations and Memberships • The Florida Bar • City of Miami Planning, Zoning & Appeals Board • Vice -chair, 2017 - present • Member, 2011 - present • Citizens for a Better South Florida, Former Board Member • Chairman of Accountable Miami PC, 2018 • Loyola Law Alumni Association • Belen Alumni Association, Lawyers' Section Submitted into the public record for item(s) RE.14 on 05/23/2019 , City Clerk SECTIONS Hiami lNera@ SIGN IN ELECTIONS Miami's strong -mayor referendum is a multimillion - dollar fight f r+ ORDER REPRINT The price of politics is high in the city of Miami — even in an election with no one rtmning for office in City Hall. Moneyed interests in real estate, architecture and construction have poured more than Si million into the campaign to make Mayor Francis Suarez, the 41-year-old politician in his first year as the city's figurehead, into a powerful "strong mayor" in charge of the municipal government's day -to - Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Biden has a long record. Will this help or hurt him? The battle for 2020: Possible Democratic presidential candidates She won $1 million in the Florida day operations. In that revamped role, Suarez would have top administrative authority over the city's real estate deals and zoning approvals, and he would recommend bidders for city contracts. This expansion of power would immediately take effect if the referendum passes, according to the ballot question. Suarez would become the city's first strong mayor, and the subsequent mayors would have the same power, unless the voters changed the government system again through a referendum. The political organization opposing the strong -mayor proposal has benefited from a smaller but similar stable of donors. A top Suarez foe, Miami Commissioner Joe Carollo, is using a political communications group he controls to run attack ads saying Suarez would become a "dictator - mayor." Unlimited Digital Access: Only $0.99 For Your First Month Get full access to Miami Herald content across all your devices. The group, called Miami First, has since 2017 raised $284,6o3. Of that, about S93,000 came from donors working in real estate, architecture and construction. After much of the money was spent during the election that saw hint return to public office in November, Carollo has raised $73,000 since June zoi8 as the strong mayor campaign ramped up. It is unclear how much the group has spent because recent campaign records have reported zero expenditures — even though television ads and mailers are attributed to them. Miami -Dade Mayor Carlos Gimenez has also raised and spent money to fund an npposiru on tarnraign. If voters approve the new government system, it would create a new dynamic where Suarez's donors could come to his administration seeking approvals or looking to hid on contracts. People and companies with business before the city could fund the political campaign of the city's chief executive. Campaign records show Suarez and affiliated political committees have raised at least Sz.4 million for the effort first to circulate petitions and then to convince voters to expand his power. Suarez has contributed another S3oo,o00 leftover from his 2o17 mayoral campaign. A prolific fundraiser, Suarez insisted if he were to become a strong manor, kis decisions would not be swayed by the donors who fill his war chest. "Even- single elected official gets campaign contributions, and they are confronted at times with people that go before them, as I was as a commissioner, by those very same people," he said. Suarez, a real estate lawyer who works on transactions at Greenspoon Marder, has said he will continue to work with the firm if he becomes strong mayor. The mayor would supervise bureaucrats who make zoning and real estate development decisions and recommendations, a position that could put him in conflict with his private work as an attorney. Suarez refused to disclose his clients to the Miami Herald, citing his clients' privacy and saying he has not done legal work for clients on city -related issues, and he will not accept such clients in the future. The mayor argued that because he has no conflicts to disclose, his clientele is irrelevant. "As an active and practicing attorney, I must continue to respect and protect my clients' privacy as provided by their attorney -client privilege," he said. "This is not a reasonable request of any attorney without prior client consent and permission. Again, my legal practice is separate and apart from niv political endeavors and are not relevant to the ballot initiative." Lotter. A year later, she's part of a major drug bust Sybrina Fulton. mother of Trayyon Martin. will run for Miami Dade County Commission There's a tropical disturbance out there. Consider it a warning shot from Mother Nature kVhat we learned about Miami Ileat's potential plans at No.13 from NBA Draft Combine Want to Travel the World? Earn Ntonev to Do just That Talk about a Florida time warp. Here are 11 restaurants that have been open a lifetime Submitted into the public record for item(s) RE.14 on 05/23/2019 , City Clerk TOP CONTRIBUTORS TO STRONG MAYOR CAMPAIGN Drive Development LLC and affiliates Pride of America Ship Holding. LLC (Norwegian Cruise Line) Optimum USA Brickell 2 LLC (Optimum. Development) Miami Perfume inc. Norman Braman Michael Wohl (Pinnacle Housing) Klaholding. LLC (KLA Schools) Kasim Badak (Olean Development Group) Sauce The largest individual donor to the strong mayor campaign is I )rive levelolxment I.C, a company that builds contemporary, cube -like homes in Coconut Grove. The company and affiliates, which have lobbyists registered with the city, gave Sioo,000 to the political committee that financed the petition drive to get the strong mayor question on the ballot, Miamians for an Independent and Accountable Mayor's Initiative. In recent years, Drive has contributed Sz3,5oo to another Suarez political committee, Miami's Future, which funded his mayoral hid and transferred S3oo,o0o this year's strong mayor effort. A subsidiary of Miami -based Norwegian Cruise Line, Pride of America Ship Holding, LLC, gave $5o,000 to Accountable Miami, a committee that formed once the referendum was on the ballot. An affiliate of Optimum Development USA, headed by Ricardo Tabet, contributed $5o,00o to the same committee. Optimum is constructing a new office building in Coconut Grove and owns a low - slung motel near Brickell City Centre that could he be redeveloped. The Accountable Miami committee, which appeared to rebrand the campaign with a message that de-emphasized power and focused more on accountability, also received a $z5,000 check from a statewide Republican committee. The Responsible Leadership Committee is group is tied to a web of GOP committees with involvement in state and local races across Florida. Suarez is a registered Republican; the office of mayor is nonpartisan. Michael Wohl, a principal at Pinnacle f lousinr Croup, gave $z),000 to Accountable Miami. Pinnacle, a developer affiliated with a company that was subject to a federal criminal probe of inflated construction expenses on atordable-housing contracts, was recently r.ecnmmerded to receive $3.7 million in count} low -interest loans for a Homestead affordable housing project. Miami -Dade Mayor Carlos Gimenez, a strong mayor himself; reconunended Pinnacle — a top Gimenez donor. Giutenez has corve trot strongly against Suarez's proposed strong -mayor plan, funding negative ads through his political committee Miami -Dade Residents First. After two years of fundraising inactivity, Gimenez has raised $67,500 since late August and spent about $6,600 on mailed ads asking voters to reject the strong mayor proposal, according to the most recent campaign report. His recent donors include a real estate company that wants to build a racetrack on leased county land near the Opa-locka airport, Trilogy Real Estate, and a County Hall lobbyist, Felix Lasarte. Two other political committees affiliated with county commissioners Jean Monestime and Jose "Pepe" Diaz also gave to Gimenez's committee. Carollo's group, Miami First, was first active in his z0r7 commission campaign. The committee has raised $73,00o since June 20i8, with $28,0oo coming from real estate -related entities. One Sz5,000 check came from a nonprofit group called Miami -Dade Partnership for Prosperity, Inc. The group is a 5or(c)(4), a type of nonprofit entity that is reserved for influencing public policy and does not have to disclose its donors. The same nonprofit served as a conduit for supporters of Raquel Regalado in zot6, then a candidate for Miami -Dade mayor, to keep its donations secret. The money in Miami First's account has paid for mailers and commercials on Spanish -language television blasting Suarez, calling the strong -mayor measure an overreach and asking voters to reject the plan. The fact the ads tell people to vote Submitted into the public record for item(s) RE.14 on 05/23/2019 , City Clerk no appears to violate election law, according to an attorney who specializes in election law, because Miami First is an "electioneering communications organization," a legal designation that allows the group only to explain an issue, but not take a position for or against it. Elections lawyer J.C. Planas has filed a complaint with the Florida Elections Commission. Carollo said his television ads have followed the rules, and though there may be one mailer Planas may wish to challenge, Carollo can defend it. "That's minute," he said, adding that he might file complaints about some of the pro -strong mayor advertisements. The Miami First ads question Suarez's intentions with a raise he would be entitled to if the referendum passes. Suarez, his wife and two young children recently moved into a new $t.4 million home in Coconut Grove. The attack ad shows aerial and interior images of Suarezes' old and new homes, stating the mayor would use the raise to pay the mortgage. The ads angered Suarez, who said they "completely crossed the line." "People are disgusted by that kind ofpolitics," he said. Gimenez's committee has also sent mailers with photos of the new Suarez home. Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk The STRON( NOT WAN THE SU! Doug Hanks pt V Political committee run by ii,MayorGimenez, Miami Dade Residents First, has photos of A!i MtamiMayor Francis Suarez's house and scams him for a pay plan that's 75% of Gimenez's compensation. (I've asked Gimenez's office to explain the $300K math, since he makes $250K now) See Doug Hanks's oihc=e i weets Suarez has maintained he would not accept a raise, and he insisted the question of his home purchase was a non -issue. "If I didn't have the money to buy the house, I wouldn't have bought the house," he said. Another political committee sprang up in recent weeks to send mailers supporting the strong - mayor initiative. A group called Progressives for Change was registered by Christian Ulvert, a Democratic political operative and spokesman for the committee that financed the ballot petition, Progressives for Change. The committee has not yet filed campaign finance reports showing donors. Herald staff writer Douglas Hanks contributed to this report. Q COMMENTS v Submitted into the public record for item(s) RE.14 on 05/23/2019 , City Clerk (L) Donate (https://donate.wirn.org) Listen Live (https://playerwirn.orga Former Judge Pando Faces New Charges By RICK STONE • NOV 27, 2012 Share (http://facebook.com/sharer.php? u=http%3A%2F%2Fwww.tinyu rl.com%2Fy2tu4psit&t=Former%20Judge%20Pando%20Faces%20New%20Charge MIMEO Tweet(http://twitter.com/intent/tweet? url=http%3A%2F%2Fwww.tinyurl.com%2Fy2tu4pgt&text=Former%20Judge%20Pando%20Faces%20New%20Ch Email (mailto:? subject=Former%20Judge%20Pa ndo%20Faces%20New%20Charges&body=http%3A%2F%2Fwww.tinyurLcom%: Florida's Judicial Qualifications Commission has filed some new charges against former Miami -Dade County Judge Ana Pando. Pando, who resigned from the bench after losing her primary campaign in August, has been under investigation for using her prestige and judicial stationery to revive a dissolved corporation headed by a friend of hers. Now, according to the new JQC charges (http://www.floridasupremecourt.org/pub_info/summaries/briefs/12/12-521/Filed_11- 26-2012_Amended_Charges.pdf), she's accused of accepting and not disclosing a financial gift and campaign contributions from the friend, identified in official papers as Mark Cereceda. His company is listed in the document as Florida Wellness & Rehabilitation Center, Inc.. Pando is also charged with failing to disclose two $10,000 loans she repaid in 2006. The lenders were identified as Omar Armenteros and Rafael Rius. Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Submitted into the public record for item(s) RE.14 on 05/23/2019 , City Clerk During her reelection campaign, the JQC continues, Pando loaded her website with purported "endorsements" from local political and legal community figures who now say they never endorscd her http:l/mediadipLlb! ith road casti ne,netfplwlrn/ Ana Pando: New judges accuse former judge of campaign violations and writing bad checks. CREDIT MIAMI-DADS COUNTY (http://www.wsvn.com/features/articles/carmelcase/M195806/). And there is more to the accusations of financial and ethical wrongdoing. From the JQC charging document: From at least June 2010 and continuing during the pendency of these proceedings, you have routinely written worthless checks off of two separate checking accounts maintained by you. Your conduct in writing bad checks is fundamentally dishonest, unethical, and brings disrepute on the judiciary and the legal profession as a whole. https:flwwwwire erg/past/!n r or judge tsando-tacos-new-c f-asces 5t19/19, 522 PM Fagf' 2 of 5 Pando, who was licensed in 1981 after graduating from the University of Miami law school, worked previously as an assistant Miami -Dade County public defender and assistant state attorney. She became a judge in 2001. Four years later, the Florida Supreme Court reprimanded Pando for accepting improper campaign contributions. Share (http://facebook.com/sharer.php? u=http%3A%2F%2Fwww.tinyurl.com%2Fy2tu4pgt&t=Former%20Judge%20Pando%20Faces%20New%20Charge Tweet (http://twitter.comfintent/tweet? url=http%3A%2F%2Fwww.tinyurl.com%2Fy2tu4pgt&text=Former%20Judge%20Pando%20Faces%20New%20Ch Email (mailto:? subject=Former%20Judge%20Pando%20Faces%20New%20Charges&body=http%3A%2F%2Fwww.tinyurl.com%; 0 Comments Vilt €- ° ee Stibscribe 0 Add i:'isc:aus to your site Acid DiciusAdd New, t Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Di c (http://npr.org/) (http://www.pbs.org/) (http://www.miamiherald.com/) (http://stateimpact.nprorg/florida) (http://www.dadeschools.net/) (http://cpb.org/) Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk IN THIS ARTICLE Ana Maria Pella Mot Careceds Professional Services D Ioltte Ate yar hyena fun re? M�.pet. ,,ca Submitted into the public record for item(s) RE.14 on 05/23/2019 , City Clerk .w xv..u14 ,taxmen tui Mlam1-Dade County Judge Ana Maria Pando has been charged by the Florida Judicial Qualifications Commission for lending the prestige of judicial office for a private interest, According to a state filing, Pando, who presides at the Hialeah branch courthouse, sent a letter on judicial letterhead to the Florida Division of Corporations stating that the Florida Wellness & Rehabilitation Center had been inadvertently dosed and should be reinstated. The Oct. ha letter was filed ou behalf of the corporation's President Mark Cereceda, a friend of the judge, the commission said. In addition, the commission found there to be no judicial reason for Pando to write the letter and explained her actions were treated as an order by the Division of Corporations and 'constitute the practice of law" Pando also had cases before her involving corporate entities of Cereceda when the letter was written, the commission said. She also allegedly received four campaign contributions for 8so0 from entities of Cereceda for her reelection last year. if the allegations are found to be true, it 'would warrant discipline, including, but not limited to, your removal from office and/or any other appropriate discipline recommended by the Florida Judicial Qualifications Commission,' the filing stated. This ethics investigation is not the fast for Pando. in 2o05, the state Supreme Court gave her a sanction of public reprimand and a i25.000 fine on charges that she received illegal campaign contributions during her unsuccessful 1998 election campaign and successful 000 bid. ELEVATING THE BUSINESS OF BUILDING TRENDING ion Lauderdale inventor k*a Mel with ewes largest Wake v' Miami Erg Cuban t^- Amerkan-owned bank to� be sold o- . BALLOT' .. S1'TE NA1fGAT10N Engage News 2019 Section. 2020 Booboos Mecum Remove. e Onvemrtent Poetics Pthis Percy • I Ethics charges Abbot W: Submitted into the public record for item(s) RE.14 on 05/23/2019 City Clerk 1 BEAUTIFUL ITALIAN TASTE AT HOME tau rec O» ..::vary dcrme.te ..1 pow,. trw.addtae Ana M. Pando Tlita Fie ioa•reeeeo Midi Is a sprout, we plan on Making d grow in dm future. N x you mild Eke b heip it grow please consider don: ving 10 Bslblp:dia. Ana M. Pando wee a county judge Of the Dais; Canny Court 01 Florida. Shot bet het ta0 la re-election had MTt the count at 1M and d her 1er0 Yt,l.nu vy of 2013,1' In March 2012, the Feonda Judicial . Weakelnns Cu runscion Lead chirp* against Panda alleging that she wad the prestige o1 her office to help a Mend reopen a business. The judge was Out of town when the dialers were Bled: and the spokesperson for the Eleven*, Grove had no comment!` lb read the full charges, visit: Florida Judicial Ousolicatisns Commove,' Metros a Formes (barges Pando was also changed in 2005 for kawngly keeeplktg improper campaign contributions end lying so investigators. For that she was lined 125.000 by the Flontib Supreme Coda'21 12012 election 4C ® x "4 C:t1y row To _v. e.tr ; rtrm__ww..r. arwsrswmr.Arm aYe1Aab. County Court (MOM Group 10 Rondo ran for rimless -lion on Aug, 14. 2012, but wee deleassi by chasenge fhana Gunraler• Wtwle after reoeri ing 492 pares 01 the voter! See also: Ronda wsae! 10edio ts. 20'2 PAGE COHTEN Return to top EN= chirps 2012*Imaon See also Womb links Footnotes TECOVA5 Carnival hit with Helms -Burton lawsuit for using Havana terminal: Travel Weekly Page 1 of 2 CRUISE Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Carnival hit with Helms -Burton lawsuit for using Havana terminal By Tom Stieghorst V V I May 02, 2019 A company that owned the cruise terminal in Havana prior to its 1960 confiscation by the Castro government has filed suit seeking damages from Carnival Corp. The suit was filed in federal court in Miami by Havana Docks Corp. pursuant to the Libertad Act, better known as the Helms -Burton Act of 1996. Trump administration officials recently moved to end a longstanding federal policy that suspended the right to sue under the act's provisions, clearing the way for lawsuits. The 1996 act was intended to prevent companies from "trafficking" in property confiscated by the Castro government after the Cuban Revolution. https://www.travelweekly.com/Cruise-Travel/Carnival-hit-with-lawsuit-for-using-Havana-... 5/20/2019 Carnival hit with Helms -Burton lawsuit for using Havana terminal: Travel Weekly Page 2 of 2 While it seeks damages, the suit does not ask the court to stop Carnival Corp. or its brands from sailing to Cuba. Carnival chief communications officer Roger Frizzell said the company is continuing with its normal cruise schedule to Cuba. In the suit, Havana Docks said it is the rightful owner of the Havana Cruise Port Terminal, which it "continually owned, possessed and used" from 1917 until 1960. The suit says that by launching sailings from Miami to Cuba starting in 2016, Carnival "profited" from the Cuban government's possession of the property. The suit doesn't say how much it expects Carnival to pay, but it lays out several formulas for compensation. In a statement, CLIA said that cruise lines sailing to Cuba have a proper defense against lawsuits under Helms -Burton. "Cruising to Cuba falls under the lawful travel exemption under Title 3 of the Helms -Burton Act," CLIA said. "Our cruise members have been and are now engaged in lawful travel to Cuba as expressly authorized by the U.S. federal government." Copyright © 2019 Northstar Travel Media, LLC. All Rights Reserved. 100 Lighting Way Secaucus, NJ 07094-3626 USA Telephone: (201) 902-2000 https://www.travelweekly.com/Cruise-Travel/Carnival-hit-with-lawsuit-for-using-Havana- terminal Submitted into the public record for item(s) RE.14 . on 05/23/201 , City Clerk https://www.travelweekly.com/Crui se-Travel/Carnival-hit-with-lawsuit-for-using-Havana-... 5/20/2019 The M'ami Herald, Thursday, April 11, 2019, pages from 22 to 22 https://digital.ol i vesofiw are. com/Olive/ODN/Miam iHerald/Print... THOM(£PEt n 1Ol9 linintr➢Atu.con I !tiiintni iitrnt1 fActe06LcoliatAMIEAMo SS TrlfEeLWtireaMNMO 21A au Business National Enquirer's parent explores possible sale of tabloid MEW YOU The supermarket tabloid under tee for paying hush money to a former Playboy model to help Donald Tromp in his 2016 presi- dential campaign B on the auction block. The parent of the National Enquirer said Wednesday that it is explor- ing a possible sale as put of a "strategic review" of Its tabloid business. The deci- sion by Amelan Media Inc. comes after the tabloid said lt paid Slso,000 to keep Karen McDougal quiet about an alleged affair with Temp and being accused by Amamn chief left uezos of blacbnalL American Media, which is baud in Deerfield Beach, said it was considering a sale so k could focus more on other parts of its busi- ness, hscludingits teen brand and hmadosstplat• forms. American Media CEO David Pecker b a tongthne Trtunp ally who helped bury potentially embarrassing stoles about the future president over the years by paying hush money in a tabloid practice called "catch -and -kW." In August, the U.S. et tomey's once in Manhattan agreed not to prosecate American Media In ex- change for the company's cooperation In Its hvestiga- lion of campaign violations. American Media came under fire more recently from Amason founder Be- zos for what he said were threats to publish photos d hire unless he stopped ire vestigating how the tabloid obtained private exchanges between him and his ma- tins. - ASSOCIATED rate Tech companies lead stocks broadly higher Stocks dosed nigha on Wag Street on Wednesday as solid gains by technology commodes helped the mar- ket recoup some of lea tomes from a day earner. Sman•wmpatty stocks aim stood out, beating the rest of the market Hama, retailers, end homebtilders also notched gains Utilities were the biggest laggard. Investors appeared to welcome new insights from the Federal Reserve's last meeting of pollcymakers. The central tank released ^"mw aauatmerwrcesw®aarl,e.rrr','.v:': r wrest. , During a ship aide h December 2018, according to court flings. monitors found the Carnival Elation ship had dumped plastic oved card. Judge threatens to block Carnival ships from docking at U.S. ports temporarily BYTAYLO5DOLVIN rdekm®osdand kersk raa A federal judge Wednes- day threatened to stop Carnival Corporation from docking is ships at U.S. ports temporarily as pun- ishment for possibly vio- lating probation bet said • she would make a decision at a hearing scheduled for June. Car lard has been on probation for the Last two years as part of a W1 rrn8fioa seduneet Inc illegally dumping col into the ocean from da Princess Cruises skips for eight years end tying about t the scheme to U.S. authorities. While on probation, ac- cording to coon filings, Carnival Crap. and its aubsidlry entire lines haw aught to avoid unfa- vorable findings by prepar- ing slaps In advance of court -ordered audits, fala(- fled records, dumped prude garbage bindle nears and Venally dar- mh.«..w MAW .....a• rwn also bar tried to lobby (he U.S. Coast Guard through a back thane( to change the tern of the settle- ment, paoeecutors allege. The company has ac- knowledged these in- cidents. Ina atatemem issued bilowWg Wednesday's hearing In front of US. District judge Patricia Sees, Carnival Cap.'s Chid Communications Officer Roger Frlueu said, at appears there were some miscbatacterizauons made by others to the mat. We intend to fully address the issues tubed at today', court confer - "Our envbp(mentel responsibility has been end continues to be a top priority for are company. Our aepkadm le to awe the places we touch even better than when we first arrived. This is cooly in the best interest of our guests, our company and the ocearu upon which we Corp.'s probation and punish the company at a hearing scheduled for lune. Oa Wednesday, Seitz scolded the Mk/or-basest cruise cmglonnrate's chairman, hftcky Arison, and presiders, Donald Arnold, art ter of whom were present. "The people at the lop are treating this as a gnat" Seitz col& "B I mold,1 wreak give all the rnera- bers of the executive corn. 'flatlet a risk m the deten- tion meter for a couple of days. let anussIng how that Mirk people corer to Oxus ore scanty." Setts requested that Astor, Donald and other edecunvea emend the lune hearing to answer ques- tions'. SHIRKING AUTHORITIES The five-year probation period that began te April 2017 requirre 2 third party auditor to inspect ships belonging to Carnival and Y. 444 had a program In place to prepare for court -ordered audits to avoid any nega- tive findings by the inde- pendent court -appointed monitor. Seitz ordered Caravel to stop the prac- tice ha December 2017, and the company acid k stopped at that time. Burt federal prosecutors allege that Carnival conttnned the practice tate ZOIR. Prosecutors cited in- ters► email, shared at Candvsl's brands dis- cusa rag how to prepare for the auma. "It would be really Important to go onboard on August 12 Inc one week In order to have time to manage Issues before the audits and avoid findings," said e 2017 Internal email from Carnival's German -based cruise line AIDA Cruises. A similar internal emall from Carnival's Seattle - based Holland America Line mentioned "prevent audit findings" as a goal in early 2018. The company owns raise cruise brands and 102 Acceding to mutt fil- ings, the coon -appointed monitor found that Carni- val and its atbsidiarier bare repeatedly falsified records while on probation as recently as September 2018, when a secood engi- neer on Holland America's Westetdarn ship faldfled maintenance records to make ft look like be had cleaned and tested Nuts - meat when he had rmt. ILLEGAL DUMPING During a ship audit In December 2018, aorordlog to coat flings, monitors found the Carnival EhtOtm +kiPhad eunpad piss& overhear* the plastic wasn't being separated (tom the faodwaste. Audi- tors also found plastic wasn't being separated property on the Sea Prin- cess ship In December 2017, the Ruby Princess Alp In February 2018, and the Carnival Dream in August 2018. At Wednesday's hear- ing, Seitz mendoned a 41-minute presentation she received as a guest aboard Carnival Corp.'s ukra-luxury cruise line Seaboml about tow de- fogging plastic straws are to the marine environ- ment. '1 was thinking to my- self, I'm impressed,' " she said. "Obviousty they talk the talk, bra they're not walking the walk." In addition, according to wean.. i.v..•+u•,. rann...A gray water Into Glader Ray National Park in Alas- ka In September 2018. Holland America paid* 8250 the to Alaska au- thorities and did not im- mediuety report the dis- charge to the Coact Guard as required by federal law. Tice Carnival Conquest staplikgaliy damped 66,000 gulons ballast aliast water ha gakatniaa waters to November 2018. le that cast, Ike engacerin- vdaesieffeedlofetstfy records to meta b look Ur Ow damp 'happened at open sea ko his sapetior, who ttabneted Wm to report R entreaty. Sala requested that Holand America exec- utives Stein Kruse, Keith Taylor and retired Rear Admire/ Joseph Servidio and Carnival Cruise Line president Christine Duffy also attend the lune hear - BACK CHANNEL Aa sari of Cardval's probation, court -appointed monitors have to report "male nm-canform1ties" In their quarterly and an- nual reports. Carnival asked the govenunent b exclude faulty ship equip- ment hum tha definition of "major tntt•conform- Ity," and in March 2018 it declined to do that. Servidio, Holland Amer- ica Grout'ssenior vice president for safety, enrl- torunental It management services, emaged his form- er colleagues at the Coast Guard seeking support for Carnival's definition, ac- cording to federal prose- cutors. Coast Guard per- sonnel directed Set ddlo to raise the isroe with the monitors or the court. Carnival said Setvtdio's attempt to contact the Coat Guard was to get clarification about the definklon, not to lobby. Seitz also cited concerns that Camlwal'a corporate compliance monitor doesn't have enough au- thority to create the sys- temic change needed. "This company is very successful," said Seitz, caging the 2017 S40 mil- lion settlement — the larg- eet In Mowry — a drop In We bucket. 'It prides itself on providing superb cus- tomer aervke. WeR it Is also a ctizen of the world, It makes its money using the waterways and it has a responsibility to be a role model Right now it a a criminal defendant and this is not the Orel tine nor la it the second due.' c I of t 5/tannjo 1•11 PM The Miami Herald, Wednesday, April 17, 2019, pages from 1 to 1 Page 1 of 2 TROPICAL LIFE 1 1000 Here are some tips' on serving ham for Easter dinner; and more recipes, ,c SPORTS Dolphins starting. QB Ryan Fi trick: 'My best football is IF still ahead of mew' 21A scuff tli. Ida 16 1 fatTaDOLCOI 11WIMEMtb SIR f*H(CffDY1411HItALfC011 t TnIREICCWMLWBERtfo Waal n PuurzatOS P1O3 I WEDNESDAY APRIL 171019 S1 Path sway ad head SY 14 THE LEGISLATURE Lawmakers closer to passing ban on `sanctuary cities' RV SAMANflU h- CROSS srvagnoiessaMmairlaser Nh,24?uae Ramat TALLAIIASSLE So-called sanctuary dare have been a target of President Don- ald T nunp dace the start of hh presidency. He threatened to block federal funding via exec - President DorWd Trump's issue whit sanctuary cities hat become a key point for Republicans in Florida as twin proposals to ban the plea of sanctuary commingles make their way to the chamber floors. nave order and has now intro- duced a new proposal to trans- port undocumented bnmtgranls from the US:Mexico border to "sanctuary fines" across the country. While the proposal to send immigrants to cities like San Francisco and Chicago has been rejected twice in the pact sir months over legal and logistical coneeme, White House press secretary Sarah Sanders said on Fox News on Sundry that Tamp has asked his admhg tmtion to take another look at the plan. Trump a stance on msutuary does has also become a key issue for Republicans in Florida, as twin proposals to tun the jurLs. dtctiont In Florida make their way to the chamber floors. The bilis — SR 168 and I18 527 — arc being heard in committee for the last time this week, and have garnered support from SEE BAN, 4A rhattesm Ihr Neuse RL reverse ro.,easd hew a aR th* wad pre hangars cam swage 4A ABANDONED HOSPITAL GONE IN SECONDS nes w .40 Above. the skeleton of the South Shore Hospital during Rs destruction at the corner of Sixth Street and Alton Road In Miam, Beach on Tuesday. Al right, the building, which was long used es a gelatine fadlty, was prepped for demolition Developers plan to build a pubik park, a residential tower and retail space on the she. Story, 2A •See video of the demolition at MiamlHetrald.com CRUISE LINES 1 THE COURTS Carnival broke environmental laws while on probation ■A previously confidentlel report shows that Carnival Corporation repeatedly broke the taw while on probation for a 2016 federal conviction, although the company has "substantially compiled' with the requltements of probation. Cruise ships illegally I dumped more than S00.000 gallons of treated sewage. , RV Tenon DOLVEN AND CAITLIN OSTSOl* YNn.f2.ldimNsow aar»dpotrrl.vAsdrr.r ' inn the year after Canny -al Corporation was convicted of systematically dumping oily waste Into the ocean and lying about B to reg- ulators, las ships illegally discharged mere than a WLmlfton gallons of heated sewage, gray water, oil and fund waste, and burned hetwy feet OR in ports and watersetnte to whams around the world, according to a canrtap• pointed sronitor. The findings are part of a pattern of illegal behavior during Canrtval Corp.'s first of five yens on probe - FORMER U.S. REP. DAVID RIVERA OF MIAMi Miami's political escape �Trfict s•nn't elkedecr 1-1-i .1. Ac' 'PERVERSION OF JUSTICE' won that led U.S. District fudge Patricia Seitz to pu- blish a previously confiden- tial report last week. In the 205-page report, the mon- itor overseeing Carnival Corp.'s environmental compliance flagged more than 800 Incidents from April 2017 to April 2018. The Miami 1lrmid re- viewed each inddent and found that 24 ware six amati &WPi^6 sewage, food waafe er ink 19 were 10, k4tegalty burring heavy kel ail in p odeded are" and acme den 150 were ate result of Bears Like furniture accidentally going overboard- Carnival Corp. reported the vkaations to SEF REPORT, 2A NATION New Jeffrey Epstein accuser LAWSUITS AGAIEDN AN T ONFISCA et La fY record for item(s) C O httnr//fliirital nlivecnftware rnm/(Hive/fflN/MialniNPralrl/PrintPacrec acm(9dnr=TAUT/')(1 5/14/101 Q The Miami Herald, Wednesday, April 17, 2019, pages from 3 to 3 Page 1 of 2 From the Front page ?iron a IX OM , Hann 1i Ne9 8W871€ teintOY FAD<M PAGE to REPORT authorities directly or noted them In their in- ternal roads. None of the violations was lntentirmal. according to the report. Subsequent court filings show Carnival Corp. has continued to violate environmental laws in its second year on probation. The monitor's written report applauded the corn - pant',/ cooperativeness on board and sabore, and noted the company had Corrected conditions that led to the original charges. "The Company expended considerable efforts to meet the 'probationary) Year One requirements, and has substantially com- plied with them," the re- port states. " Numerous mdlviduais...have exhibited a strong commitment to creating a sustainable cul- ture of environmental compnance." The report also praised the company's training initiatives. But the report also called Carnival Corp.'.Irdernal investlfatfons "critically flawed' and said the com- pany has not given enough authority to Chris Donald, its tout -mandated norm - rate compliance manager. Donald told the Herald he has the authority and the confidence of Carnival Cap.'s executives. (Though be and company's chief executive have the same nlrname, tbey are not related.) Carnival Corp. CEO Amour Donald said Tues- day that the company wt1 do what It takes to ensure K meets all expectations of its probation and strive to be best In class on envi- ronmental compliance." "Our environmental responsibility has been and remains a top priority for the company," he said. Our aspiration 1s to leave the places we touch even better than when we Cost arrived. This Is in the best Interest of our guests, our company and the oceans upon which we travel. We look forward to darffying any issues and demonstra- ting our commltment." HUNDREDS OF VIOLATIONS hr2016, Miami -based Carnival Corp., the Urged cmdse company in the world end owner of trite cruise brands, pleaded guilty to seven felony charges in relation at Its eight -yearlong "conspir- acy" of illegal on dumping and subsequent covet up on five of its Princess Cruise line ships.Carnival Corp. agreed ta My 3,140 mdlkop tine — the largest - ever criminal penalty in- volving deliberate vessel pollution -- and five yeats of probation. NEW "WOW" RATE JUST FOR YOU! Money Market Account 2.25% APY* 13 month CD to a maximum of $240,000 Inflated year 2018Ethe 00n puw reported a prnM of 8,32 b1Bon. judge Setts appointed Steven Salow, a partner at a Washington D.C. law firm, to inspect Carnival Corp. during probation. in June 2018, Solow sub- mitted his Best annual report to the court based on ship bupections, com- pany records, interviews with employees and third party audits. That report remained confidential until Seitz published k last week "to the public CM n see what this criminal defendant Is doing," she sdd. Seitz is considering mak- ing Solow's reports from the second year of probe - don public as welt The Miami Herald has Bled a motion In the case request- ing that those reports be released. A Miami Herald analysis of the report covering April 19, 2017 through Apr1118, 2018 provide' a never - before -seen look at Carni- val Corp.'s operations. The court -appointed monitor found that Carnival Corp: • Discharged more than 500,000 gallons of treated sewage, almost all of which was dumped in Bahamian waters, and 12 gallons of oti, most of which was fuel from lifeboats. The actions were in violation of in- ternational and domestic laws, which do not allow dumping in ports or in waters dose to land. The most recent EPA survey of cruise ship sew- age N 2004 found that cruise ships generate an average of 21,000 gallons of sewage each day. Carni- val Corp. operates 105 ships worldwide. The ille- gally dumped sewage rep- resents leas Our one per- cent of the sewage generat- ed by Camtval Corp.'s fleet annually. • Released more than 11,000 gallons of food waste and saw dozens of physical objects drop Into ports and waters close to shore In violation of In- ternational and domestic laws. Among the items that accidentally went over- board were fire chairs, 41 cushions and pillows and 10 tables, most of them thrown by passengers. It is illegal to throw garbage overboard anywhere In the ocean under international law. Food waste can be discharged three miles off land h some areas, 12 miles off land In Whets. • Burned unfiltered heavy fuel oil 19 times in protected areas fora total of 44 hours, In violation of Intemalsond law, includ- ing 24 hairs in a protected area off the cast of the North America. Carnival Corp. glvea Itself a ale hour window to switch to ■ cleaner fuel while in pro- tected areas. in only three incidents did skips bum heavy foal oil for mote 302423120 02', ..wn0,alrapa In rime, US District Judge Patricia Seitz MU decide d Carnival Corps behavior merttsa probdion vialetion than six hours: In Alaska, Iceland and an unspecified part of North America's waters. • Feigned records relat- ed to training and mainte- nance on four occasions. A copy of the monitor's report Is at the bottom of this story. Extracted data from the report can be found here. NOT THE FIRST TIME Carnival Corp.'s 2016 conviction was not its first. In 1998, Holland Amen ice Line, a subsidiary of Camdnt Corp., pleaded guilty to illegally dumping oil. The company paid a S2 million Me and was on probation for five years. 'We call you high -risk defendants when you have this number of ItNat of- fenses,' Seitz said to Car- nival Corp's lawyers last week "The defendant is a criminal. It it a recidivist criminal." Carnival Corp. is not alone; other cruise lines have been convicted of similar crimes In the past. In 1999, Royal Carib- bean Cruises Ltd. paid a 89 mltiion fine after pleading guilty to federal crimes related to rigging its ships to bypass pollution control equipment and covering up dumps of toxic waste wa- ter. In 2002, Norwegian Cruise lane Holdings pleaded guilty to falsifying records to cover up o8 dumps and paid a St mil- lion (Inc. Although Carnival Corp.'s convictions are not unique, the company's pattern of repeated vio- lations, even when it Ls under a microscope, show how difficult it 4 for au- thorities to hold cruise companies accountable. 11 also shows the difficulty of strict compliance across 105 ships, more than 120,000 employees, mil- lions of guests and dozens of countries. A handful of incidents included in the annual report predate the 2016 conviction itself. Between September 2015 and October 2016, various Holland America Line ships dumped s varie- ty of substances — includ- ing treated sewage, food waste and untreated water hum the kitchen and bath- rooms — into the Greater Farallon. National Marine Sanctuary near San Fran- cisco. The waters are a atonally significant ma- rine ecosystem and are home to many threatened and endangered species. From May to September 2016, Princess Cruise Line's Grand Princess ship chopped 'various waste streams" into the expand- ed boundaries of the sanc- tuary. This was discovered in December 2016—tittle mote than two weeks be - foie Carnival Corp.'a con- viction for tying about damping oil. In February 2017, a ni- trogen cylinder aboard the Emerald Princess ship in Port Chalmers, New Zea- land exploded while being re -pressurized, krling a crew member who was Minding nearby. The cylin- der was badly corroded at the tint of the explosion. The incident was a vio- lation of New Zealand's Maritime Transport Act. During the first year of probation, the company tried to prevent soy nega- tive lindings on its ships by sending operations person- nel to the ships to prepare in advance. lodge Seitz ordered Carnival Corpto stop the practice in Decem- ber 2017, and the company said it stopped at lhat rime. WHILE ON PROBATION The probation monitor logged [tare then 800 incidents across at least 80 Carnival Corp. vessel.. While the company did not repeat any or the same illegal behavior that led to the 2016 conviction, new violations abounded. In pore 2017, the PS:O Aama ship burned heavy fuel oil for 16 hours while travelog through Iceland's Environmental Protection Zone. The heavy reel 00 that ships use is highs in sulfur. Iceland Is among many countries that re- quire ships to filter heavy fuel ot1 emissions or switch to low- ul1 urfuel near its shores. Sulfur in exhaust from cargo and cruise ships is linked to 400,000 pre- mature deaths from lung cancer and eardiovasntlar climate and 14 million childhood asthma cases annually. in March 2018, while the Catmint Imagination ship was docked in Ensenada, Memo%, it discharged 26 gallons of treated sewage. The Bahamas was the country most affected by Carnival Corp.'s violations, mostly related to image and food waste. In one July 2017 instance, the Carnival Pride ship dumped 15 pounds of food waste into Half Moon Cay, the com- pany's private island used as a beach for cruise pas- sengers. Fourteen violations oc- curred in Florida ports or off of the Sunshine State's shores. In one instance in October 2017, the Carnival Paradise ship burned heavy (ue1 oil unfiltered for 40 minutes while in port in Tampa. In March 2018 while at port In Jackson- ville, a pallet broke end a plastic container with 30 pounds of egg yolks fell overboard. The report also high- lights more pervedve is- sues, such as broken equip- ment, leaked refrigerant gas, missing records and accidentally smiting ma- rine life. In August 2017, the Grand Princess cruise ship arrived at the port in Ketchiitan, Alaska, with a dead humpback whale on its bow. The incident re- port noted that Carnival Corp. ships have a history of striking whales in Alas- kan waters. Alaska is the U.S. stale with the most stringent environmental laws to protect Bs fragile ecosystem. "We're on a journey, it's a long Journey, Corporate Compliance Manager Chris Donald said. "We've learned a tot, and we do aspire to be the best. it's our duty to protect the ocean we nil on and the land that we touch." Earlier this year, the probation officer In Carni- val Cap.'s crtmfnd case recommended that Seitz revoke probation and sanc- tion the company again, citing Solow s s5W-cadl- dettiat repotte that show Carnival Corp. continued to violate laws in the sec- ond year of probation as well. At a hearing last week, Setts scolded Carnlval Corp.'s chairman, Micky Anson, and prealdent Don- ald — nether of whom were present— and said die regretted not being able to send the executives to jalt Seitz will deride whether Carnival Cop.'s behavior merits a probation vio- lation at a hearing In pox and requested that Anson and Donald be there to answer her questions. She threatened to temporarily block the company from docking any of its 105 anise ships at U.S. pouts., saying she would decide after the June hearing. Ttpderl)oivel: 305-3762052, @tapdetven GRIM Oaro . 305-376-443 , morel! ; PAGE iA RIVERA a's likely challenger In the general eleetlsn. Federal authorities say Riven hoped to weaken Demo - ad Joe Ganda, who even - vas confident that the ordeal was over dace he believed that the FEC would be unable to amend its complaint due to fie dladae the campaign contributor of the In -kind eennee, not the donor. Kahn said It was Sternad's responalbWty to reveal in httnc•//rliaital nlivegnftware rnm/fllive/flfN/MiamifPralrl/PrintPace acnx9flnr•.=TMN/7(1 V1 d/')f11 The Miami Herald, Friday, April 26, 2019, pages from 26 to 26 Page 1 of 2 teem APRs a 20/9 anaka[aALD O1 Poor earnings reports drag down stocks US. stock Indexes fin- ished mostly lower Thurs- day a diappolntNg earn- ings !epode from several industrial sectorcompa- nies weighed on the mar- ket, offsetting strong re- sults from Faceboak, Mi- crosoft and others. 3M, which makes Po k notes and many other products, plunged 12.9 percent In heavy trading after announcing weak mo n and a trsto turfing program. h was the big- gest loss fur the company lace the market crash of October 1987. The loss for 3M pulled the Dow )ones Industrial Average Into the zed. The S&P 500 finished s1I sty lower, holding dose to the recent high it set on Tues- day. Facebook and Micro- soft both rise after re- porting strong earnings That helped the Nasdaq eke out a small gain. The Indexes' mhsed finish gave the benchmark S&P 500 index Its second modest foss In as many [Faye The market remains on track for solid gains this month. The S&P 500 slipped 1.08 points, or less khan 0.1 percent, to 2,926.17. The Dow )ones Industrial average lost 134.97 points, or OS percent, to 26,462.08. Without the lots ham 3M, the Dow tvoultl have been 58 points The Nasdaq composite rose 16.67 points, or 0.2 percent, to 8,11&68. Wholesalegaol ne inched 01 percent higher to $2.13 per gallon. Gold was little changed at $1,27930 per coact, aver inched 0.2 percent lower to $14.811 per ounce. The dollar fell le 111.62 Japanese yen from 112.35 yen fate Wednesday. The etmo weakened to S1.1128 from S1.1143. — As4O0JATL17 tahxse DIVIDENDS t 0 (ea untie 2 lsasnas NtaeeeelK,n IJ F8Fnl tranaatw Wen A A 3 3115.31 talkMOM 7YtIP 44 131 63 F13 r Pneneere a ngAI r r 7a0oa. a1lMentper AIR a rat nacre Manenear t a t for ,creme fOk, Mane WtmL WWII °tratm, q .34 6a6-8 Lana vrmaen Oneerost Ylaes 71 F3*Fn1 kh jilt IV .03 14 Fit Wants Maw 3 Finass WLelawaa en 41.4.13 Fr Fos *eau, arse 8 .Is H3F30 mai Gal eta 0rr J1N7.16 tlw acre Moat 0 .JO Fr F3 I Rhein{ HMO IFXte00r10ryrUANTN*Mob mfTTIICOrUMIA14000A10 nwrieen The Bahamas was the country most affected by Cantles' Cops violations. mostly related tomes, and food mate. In one July 2017 instance, the Carnival Pride ship dumped 15 pounds of food waste Into (tag Moon Co, the company; private island used as a beach for cruise passengers. Bahamas is investigating accusation Carnival dumped treated sewage BY crime/ motors ANDTAYLORDOLVEN mangipsrMsArdneeet teokmypnaeesikenebteere The Bahamian govern- ment announced it will Investigate Carnival Corp.'s discharge of nearly halt a ration gallons of treated sewage into its waters, following a report released by a U.S. judge earner this month. In the report, an Inde- pendent covet -appointed monitor overseeing Caml- val Corp.'s environmental compliance Bagged 13 Incidents in which Carnival illegal ly dumped the treat- ed sewage in the Bahamian waters during the crWae company's first year of probation, in violation of Bahamian and Internation- al men. Mott or the dumps occurred during a two - week stretch ran June 2017 — all on Carnival Cruise Woe Alps. Carnival Corp. reported all Inddenls to Bahamian authorities and said the discharges were the result of human error and not IntentloaL "We take these Issues very seriously and we are vigorously addressing them," ail Roger Fttaell, a spokesman for Carnival Co G nnhat', pobstion stems ham a 2016 gv1ty plea to seven felony charg- es in relatlun to its elght- year-long "conspiracy" of Blegat on dunphug and subsequent cover-up on five of its Princess Cause !Joe ships. Miami -based Carnival Corp„ the largest cruise company In the world and owner of nine cruise brands, paid a S40 pillion line. to fiscal year 2018, the company report- ed a profit of S3.2 billion. During its Hest year on probation, Carnival did not repeat any el Me same environmental crimes It was convicted of In 2016. None of the ships that dumped neared sewage In Bahamian waters are regis- tered with the Bahama, but many Carnival Corp. ships are repeated there, giving the country auhor- Ity over Carnival Carp. activities. The Bahamas' Minister of Transport and focal Government Renword Wills said that the govern- ment 'Mende/take a "comprehensive" review Into the "disturbing" re- port, the Nassau Guardian reported Wednesday. As the pat and nand state In which the vie- ladons may have occurred, The Bahama will investi- gate and take meantret as appropriate,' Wells said in ■ statement. The government has asked the Port Department and the Bahamas Maritime Authority to contact Corti - vat Corp. to conduct an Investigation into the We- gadons raised in the report, according to the Nassau Guardian. 'Contact hat already been made with Carnival, who Is cooperating fiWy with The Bahamas and has pledged Ml transparency in the Investigation into the ciramnstances al this mat- ter,' Well aid in the statement. Any recotmnen- dations to ensu a such dumping does no happen again will be implemented renewing the investigation, the statement said. Frisian said the compa- ny is looking forward to meeting with Bahamian officials and claimed the dumping had no negative impact to marine life or peoPla- transitional law stows crone ship to dadarge treated sewage three miles from land. But some coun- tries, melt ling the Baha- 25A W ma, require ships to dump their sewage 12 tulles off land. The Bahama Is com- prised of700 Wands, and therefore created a protect- ed woe around an of them. Carnivat'e treated sewage discharges happened while Ito drips were Inside that some, but at times more than 12 miles offshore. 'We have Instltted additional training, over- sight and tools for oar ship personnel to aid them in properly diagnosing and navigating archipelago tones and boundaries," Friesen said In a statement. 'We realise any infraction Is one too many. The envi- ronment and sustainnbility has been and remains a top priority for the company." U.S. District Judge Patri- cia Seitz released the previ- ously confidential repot, which highlighted Inci- dents between Apdt 2017 and April 2018, "so the piddle can see what des criminal defendant Is do- trig," sbe said. Seitz B con- sidering making the mon- kor's reports from the second year of probation public as well. The Miami Herald has filed a motion In the case requesting that those reports be released. In the 205-page report, the monitor nagged more than 800 incidents an Carnival Corp. -operated ships globally. The Miami Herald reviewed each at those, finding 19 were for Illegally burning heavy fuel MI in protected areas and more than 150 uric the result of Items like fami- nes accidentally gig overboard. Other violations Included Incorrect ktgt, missing records and bro- ken machlnery pats Sella will decide whether Congeal Corp.'s behavior merits a i mbed=vio- lation at a hearing in June. The company has had Rea prior convictions fee the same crimes before 2016's —one In 1998 and anothet ID 2002. Seitz ailed the entire company "a recidi- vist Manner at a hearing antler this month Sella has requested that both the company's chair- man and president he at the next hearing t0 answer her quecdons. She threat- ened to temporarily block the company from docking tow of its 105 cruise ships at U.S. ports, saying she would decide after the lune Cestir Ostroff. 305-376-4430, jmmrojf rotor Dotum 305-376-2052, geode/we Fn A tale rlv of iw with Breda, only WOrtang t1J _U uiJ Q CU E C M "Q L N Y 4 in — O U a to s- 0 httnc•//rlfrttal i*l s,eotsthararm rnmll111s7pI(lT1NIM/Am/uorais /PstirhtPamoo worry 9.7Ar.=TA AU/7fl G/lr1/IA10 Submitted into the public record for item(s) RE.14 . Draft on 05/23/2019 . City Clerk RE.8 — May 9, 2019 Miami City Commission Meeting Chair Russell: Are we ready to take up RE.8? Barnaby had a pause on that one. Victoria Mendez (City Attorney): Yes, we're ready. I don't know why we were pausing. Commissioner Carollo: Okay. I'm sorry. RE.14? Ms. Mendez: We're fine. Chair Russell: Yes. Ms. Mendez: We can go for ard. Chair Russell: Thank you, Ms. Mendez: RE.14 was the Ming, ing, the actual filling of the FEC (Florida East Coast) slip. Commissioner 1 lardcmon: That was (UNINTELLIGIBLE). Chair Russell: No. Commissioner Carollo: No, no, no, no. Jaj/S22 1 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Chair Russell: RE.14 was the -- rescinding a resolution from the past. Ms. Mendez: Right, right. Sorry. Yes. Is there a question, Commissioner Carollo, about RE.14? Commissioner Carollo: No, no. I'm sorry. No. I was looking at something else here. The way it was done in this package confused me. but it's done. I thought we were talking about RE.8. Chair Russell: We are now. Ms. Mendez: Yes, RE.8. Chair Russell: And sc , there was an issue of conflict that was being dealt with. Ms. Mendez: It's dctcrnmmcd, and we're fine. "kik ChairRussell-. You're good? Okay. '1/4 I‘ Ms. Mendez: Yes. Thank you. Chair Russell: So REX 1 did send an email to the City Attorney on how I'd like to handle this. Obviously, ifs the will of this board. Rather than receiving presentations from every single of the 16 applicants who would like to consult with us on the Freedom Park issue, we have all their documentation. I studied all of it. I trust that you have as well. What I wanted to do is open up the floor for questions that any of the Commissioners have for the Administration, for our Law Department, and for any of the -- those who have written in letters of interest, and then we'll go from there. And we'll look for a motion for -- if there is the will to choose one of Jaj/S22 2 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk them. My first question would be for the City Attorney. Of the 16, all of them are fully qualified under your --? Not fully qualified. All of them are eligible by the standards that you set forth? Ms. Mendez: Yes. Chair Russell: Yes. And what are the criteria unde would prefer to decide based on --? You had mistaken, that you were most interested in seeln eh you would like us -- you ned three criteria, if I'm not licant hold. Ms. Mendez: Right. So we looked at experience, local presence reputation, and if there are any potential conflicts with the City with regard to just matters in general; and based on that, that was Cklc main criteria, looking at everyone. Chair Russell: Got it. And before, you had originally brought to us a recommendation. Do you have a recommendation amongst these 16 based on those criteria? Ms. Mendez: Ba on that, I narrowe t dt wn to about three, and those are Hunton, Fowler, and Shutts and Bowen, in no particular order, but they're all qualified to handle this matter. Commissioner ('arvllu: Are thcv all here, all these three? Commissioner Reyes: I -- Chair Russell: Commissioner Reyes. Jaj/S22 3 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 on 05/23/2019 , City Clerk Commissioner Reyes: Madam City Attorney, do you include then in that criteria the fact that, according to our resolutions and the State Statute, anybody that does or has done -- or had advised anybody on business with Cuba shouldn't receive any --? To me, that is very important. There are companies here that none of their -- and they have never done business with Cuba. And besides that, I think that we are placing too much emphasis on the fact that that is a stadium. The stadium is -- in my opinion, it is almost irrelevant, because the main -- this is a land development deal, and we have to have -- I mean, we have an attorney, and we have to hire some people from the outside to be more at ease, but to me, it is very • -:octant that whoever we select doesn't have any ties or is not an advisor to peopl ado business in Cuba, because it is quoted in the State Statute -- says like -- it r ' ds like that, and it's quoted in our statute. And if we -- if is it quoted, it has Chair Russell: I have a clarification question onsthat because he'brought up the State Statute, a resolution that 04s been passed in -- does giving advice to those who"do btu iness in�aba qualify under the statute or the resolution, or is that separate : wouldth.t.be a separate direction of this board? City, but also giving advice to Ms. Mendez: So based on the directive "a. was very clear by Commissioner Reyes, we placed in the RFLI (Re test_for Le ers of Interest) that there should be no violation of the Fluridi Statutes with egard`:to Cuba and interactions with Cuba. With that said, all these law rms resp e . And just because you advise on how to do things in Cuba is not violation of the Florida Statutes. Commissioner RepvN: Let me -- Ms. Mendez: But it is a policy that you can very well take into account, because this Commission is the one that's going to make the decision. Commissioner Reyes: But let me tell you -- because probably, there is some ignorance on how business is done with Cuba. Business that is done with Cuba is not like if I were doing business with somebody in New York, you see. If you are Jaj/522 4 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk advising anybody to do business in Cuba, you don't do business in Cuba unless you do business with the government. Even if it is a company -- for example, there is a corporation called Gaviota. And if you are going to do business with Gaviota, you are doing business with a Cuba corporation, and you have to be in contact. You have to be exchanging -- you have to have an exchange with Gaviota and with the attorneys from Gaviota, which are attorneys from the government. Because everything in Cuba is owned by the government. You see? And Gaviota is doing business on land that has been appropriated from people that pretty soon, according to the new regulations -- I mean policies, they are oing to be sued. And anybody that does business -- as a matter of fact, some of them have to travel to Cuba and mingle, and basically, what you're doing is you're helpin.the government. You see? And I am adamant about that, because the that same gove ent, although it has been losing by -- was losing by other --previous presidents, btu tbat government still persecuting, still killing, still torturing, a:still imprisoning Cubans. You see? I do remember, and I remember, and ] supported itg200 percent. When the -- that -- when South Africa, you see, was -- 1 mean. people that Aid business with South Africa, even they were ostracized, and go crnrent -- andct znpanies that did business with South Africa, I mean, they were punished. Vice Chair Gort: (UNINTELLI }] I-3LI) do hominess (UNINTELLIGIBLE). Commissioner Reyes: ,And another thing, even if you were a performer, and you went and you sang in South Africa or you perform in South Africa, there were consequences, you see, and I think rightly so, because they were persecuting the people, you .see. Chair Russell: Sun Cite. Commissioner Hardemon, you had a comment. Commissioner Gort. I apologize. Vice Chair Gort: Let me tell you, I think there's a lot of impressed letters that came in. I put a list, but my list is a little larger than that. I have Becker and Poliakoff. I have Bryan Miller Olive; Fowler, White, Burnett; Ana Maria Pando, (UNINTELLIGIBLE) small (UNINTELLIGIBLE). Jaj/522 5 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 on 05/23/2019 City Clerk Chair Russell: I'm sorry; I couldn't hear, Commissioner. I'd love to get your recommendations. Vice Chair Gort: Ana Maria Pando -- Commissioner Reyes: Which one of -- Vice Chair Gort: Shutts & Bowen. Commissioner Reyes: Which one, Cornmis Vice Chair Gort: This is people that 1 looked at that Um putting on my list. Commissioner Reyes: Yes. Which one. are them? Nikirmib. Vice Chair Gort: Becker Poliakom Bryan M illcr Oliver, Fowler White Burnett, Ana Maria Pando, Shutts and Bo. vvn, and Weiss Serota and Helfman. Those are the one I selected. Chair Russell: Got it. I mean, there's -- Vice Chair Gort: How do we go about it? How do we start breaking it down? Chair Russell: Commissioner Hardemon, you had a comment? Jaj/S22 6 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Commissioner Hardemon: Yeah. I must admit that the Cuba/Miami relations is a bit above my pay grade. You know, what worries me is that, you know, there's a perception about -- I have two jobs, right? One is that I'm an attorney. People, you know -- in society, they tease attorneys for being attorneys; and also as an elected official, they tease us for being elected officials. And so, in -- and on a more serious note, you know, and I'm of color, and District 5, so I become even more of a target, so I kind of have a lot of targets on me. And so, I try to be very careful in the way that I put things when it comes to my brethren from C'uba, and those of us who represent Cuban families, and this whole issue with the relations with Cuba. But what I'm cautious of is persecuting an attorney for doing his or her job. Commissioner Reyes: I'm not pet-secu(tNINTPLLIG1B14 •. Commissioner Hardemon: And -- no. So I look at it like -- and maybe that's too strong of a word. Maybe that i too strong of a word. Chair Russell: 17 N clud i r n g, Commissioner Hardemon: But worry is that - Chair Russell: Excludir Commissioner Hardemon: Yeah, excluding. My worry is that, you know, I represent people who are accused of crimes, and there are many people who don't agree that that is something that people should do. You know, someone gets accused of something that appears to be heinous, and many people say, "Well, how dare you represent someone that did that." It's like, because the Constitution of the United States of America guarantees -- Commissioner Reyes: Absolutely. Jaj/S22 7 May 9, 2019 Draft Submitted into the public record for items) RE.14 . on 05/23/2019 , City Clerk Commissioner Hardemon: -- that they have an opportunity to be represented by qualified counsel, and, you know, this is the way that our system of government is run. And so, you know, I'm -- I never want to offend anyone on this dais when it comes to the relations between the United States and Cuba, because I am least qualified really to express it. I mean, I have City Attorneys who have personal experience, and I have friends. I mean, this is not something that I take lightly, but all I do is I just want to caution us, because if you have organizations that -- I'm not saying do business with Cuba, but that have repreed people that may have gone into Cuba -- I don't know how business is con tie `n Cuba. I've never been to Cuba. I've only seen pictures. And -- but when you look'at,:you know, organizations -- for instance, one that stands out -- because there's a lot 0 information on here about Cuba -- is Shutts and Bowen, wire, you know, theyve --- on this sheet of paper that we've been given as a cheat sheet through our counsel, it's about -- done 15 sort of stadium transactions . We know this is one of the oldest firms in the State of Florida, and they have a presence. And so, how isit that we should consider them max,: as compared to the others that also have significant 'experience? You know, I -- when it comes to a list -- a lot of people applied. Therea very short list, and then an even shorter list, it appears to be d the quest, is, -should organizations like Shutts and Bower be eliminated from 'this list because they've advised people on some very complicated matters'? Because that s how I take it. If anything, ' if Youve been negotiating with an organization that's going to a place like Cuba, I would imaginetthat it will be an"extremelystO y" • heated thing to do. I don't think anyone who just picks up their portfolio to go represent someone is -- they're capable of just doing that. And so, that sort of experience could -- I would think, would have -- would be relevant in the sense that these are attorneys, or a team of attorneys, that could offer us advice that we couldn't necessarily get from someone else. Chair Russell: Thank you, Commissioner Hardemon. Commissioner Reyes. Commissioner Reyes: Excuse me. You see, it is nothing personal with -- I know people from most of these -- Chair Russell: Is your mike on? Jaj/522 8 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Commissioner Reyes: -- but -- Yes -- my problem is this, you see? I just look back, because I've been here for a while; I'm old, you see. And if that company that you mentioned, if they would advised anybody during the South Africa blockade, they would have been advising people to do business in Cuba, they would have been fined. You see? They would have been fined. And -- because -- you know -- well, the only thing that I'm saying is, since Cuba is just a little island, and it's not that important, and many people, they don't care. I mean, t t y don't listen. Things have been losing, you see. People go and come back, a l of that. And now it is cheap to go to Havana and ride one of those convertiblesmoke a cigar, and then you come back -- they come back like if they were expert ,Cuba, you see, and they don't see the real Cuba, and -- because people have been doing business in here and all of that, that doesn't make it right, and, ey are still violatinge statute, and that's the only thing that I'm saying. They're stir violatinge statute. There is no need to violate that statute. Either wego to the -- State we get rid of it, okay, but the statute is there. Commissioner Hardemon: You see, and that's mthought about it. My question is, if -- there's no attorney that's going to -1' rephrase. ere's no attorney that values his bar license that's going to give advice,/ that's going to be violative of a State Statute. Commissioner Reyes: Because it iiisn't been enforced. It hasn't been enforced. That's the problem. That's what 1'rn telling you, you see. What good is a law if it is not enforced"' It is just like ifnon-existent, you see. And the thing is, you see -- for example, right now we have people here that didn't have -- Fowler White and Burnett, that's a wonderful company that hasn't done anything, and they're very -- all of them are full of good people, all of them are full of good people, but I think that it's about, in my opinion -- and I'm here, and I'm going to use this podium to tell people, you see, there is an island out there that is suffering, and there's a lot of people here that they are benefiting from that suffering, and that's it. And I'm going to send a message. I don't care how much criticism I'm going to get. I don't care. I'm doing what my conscience dictates, you see. And they are -- there are other -- I'm not saying that -- what company is better than the other one, because in the final analysis, what we have to look for -- and this is my opinion, you see. We're making Jaj/S22 9 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk much to do of this land deal, because this is a land deal, and a final analysis -- What we have to do is get a company that doesn't charge us that much, that they have experience on land deal, and they know what a stadium. Because that stadium is a rinky dinky stadium, a small stadium that was used as a bait for people to vote in this land deal, and the most important part of it is the land deal, you see. So we are trying to find the best company in New York, or whatever, that is going to cost us $400 an hour, $500 an hour. We don't think that it goes against this. What we want is somebody that we can trust that is going to get the loch t land -- I mean, the land deal, and something that we don't have it mentioned. We have a pollution, an environmental problem, which is more important than :anything else. Because if that environmental problem is not solved, I don't know what's going to happen. You see? Chair Russell: Commissioner Reyes? Au. Commissioner Reyes: And that is my take. So I'm -- I don't have any preference here. The only thing that I want is, if they don'ri eharge much, and they know what you're doing, and they haven't done business with Cuba. That's it. Chair Russell: Thank you. Commissioner Rees. I want to -- I don't know if ask or just try to help learn and understand, because every Commissioner here brings their own life experience, and we can all learn from that. Commissioner°'I2.eyes: Absolutely. Chair Russell: I'm kind of with Commissioner Hardemon, in that I can't speak in any empathy to that situation, so I just try to learn. Commissioner Reyes: We have empathy with you. Jaj/S22 10 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Chair Russell: Well, no, it's not that I don't emp -- I don't sympathize, because I certainly do, but I can't empathize because I can't put my feet in the shoes. Commissioner Reyes: (UNINTELLIGIBLE) -- we haven't -- You see -- Chair Russell: I can't. So if -- Commissioner Reyes: Listen, you cannot -- I cannot, although I've been through -- when I first got from Cuba -- and Willy knows that -- we were not that liked here, but I could never, could never duplicate, or know the pain and experience that Commissioner Hardemon has. Chair Russell: Understood. Butlet me ask a question. Commissioner Reyes: That' totally Chair Russell I want to see if ..I'm understanding correctly, because what Commissioner Iardenlon is concerned ,` bout - and we -- none of us certainly want to disparage any attorneys or "[ c] trying to do business with the City, and certainly, we don't want to draw any lines in the sand that exclude 90 percent of whoever's doing a certain ype of advice, But 41 understand correctly -- and you may actually, through this position change a lot of people's minds on how they advise companies or do business if they. sees h t the elected body takes a position like this. But if I understand correctly what You're saying, I don't believe that advising a company on doing business in Cuba s violative of the State Statute, but what you're going back to is when things opened up and loosened a little more in Cuba. Folks around here may have seen opportunity in that -- Commissioner Reyes: Yes, sir. Jaj/522 11 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Chair Russell: -- and there's a way to make a buck on that. Commissioner Reyes: And they were making (UNINTELLIGIBLE). Chair Russell: And the domino effect of that, in your opinion -- Commissioner Reyes: (UNINTELLIGIBLE). Chair Russell: -- is supporting -- Commissioner Reyes: Supporting the government.. Chair Russell: Exactly. And so, let nc try to bring us down the road a little bit so we can maybe get to a selection here based on that, pIus everything else that's pertinent to the deal itself, specifically, because I don't believe that we here are a selection committees per se. We haven't created a scoring system. Commissioner Reyes: N capc_ Chair Russell: We have a list of applicants who have shown interest, but normally, our procedure under our Code and Charter is to take the recommendation of the City Attorney and we affirm it, or we don't affirm it, for whatever reason that we believe, and we have that pup:tic}r . In this case, and rightfully so, Commissioners, recognize we hadn't cast a net at all. And so, maybe there was something out there that we missed, and so we've gone out for requests for letters, and we've received 16. Now our City Attorney is recommending of those -- there are three that rise above the rest in terms of reputation, experience, and proximity, and then interpreting your qualification issue on the Cuba situation may narrow it down even further. So I -- it would be my opinion -- and if we'd like to add more onto the list that we draw from -- Commissioner Gort made some recommendations, but for me, it would be to Jaj/S22 12 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk basically affirm the City Attomey's recommendation or deny. And so, from those three, or the broadened list, is there one that somebody would like to make a motion on to affirm? I guess that's one way to look at it, because that's to me the tighter pool. I want it to be someone you want to work with, and I want it to be someone that the City Manager wants to work with. As for my part, at the end of the day, we have to get a deal that is not only the best for the City, but has the optics of having been best for the City, because we're not winning the optics game right now in this situation, and that means something. Because this is so a political decision. So ,City to get the best possible attorneys, working with the anager, do you have a ist based on where you'd our residents have to feel secure that we fought fo deal out of this, and that can only happen if the, Administration and our lawyers, lock ste recommendation amongst the three or amongst the entire: like to see this negotiation go? : _r Emilio T. Gonzalez (City Maria you pointed out, this is her pur ew continue with the recommendation, that that they do not do business in Cuba. The Ci not violating any State or City, rules or statute. e. 5 excellent. I will be sappy to ork with any one of them. She has to work with them more than me. I just,,for the akeof consistency, would like to stay with the same : Sir, I've had cussions with the attorney. As or the s efconsistency, I would like to rought before. We've been reassured ttorney =has assured me that they're ee firms that she ranked are Chair R L es c] 1: That's the Hunton 'Andrews Kurth? Mr. Gonzalez: Y.:, sip'. Chair Russell: And they do not have a Cuba advisory -- Commissioner Reyes: Yes, they do. Jaj/S22 13 May 9, 2019 Draft Commissioner Hardemon: Well -- Commissioner Reyes: Yes, they do. Yes, they do. They -- Chair Russell: That's why I'd like to defer to -- Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Commissioner Reyes: That's the one that had thi ig page (UNINTELLIGIBLE), and I know that it's great interest on the Adrnin ation and -- to get that company with INTELLIGIBLEpicked without an vetting if an bod else, but the (UNINTELLIGIBLE) g �, Y Y Administration. I will -- definitely will not vote for them, bu which ones are the ones that you recommended, Madam City Attorney, so I will make a -- I'm going to make a -- Ms. Mendez: In no particular ordar, 1~owlc I-Iw'ton Andrews Kurth, and Shutts and Bowen. Commissioner F : CS: I -- in (UNINTELLIGIBLE I'm going to go -- I'm going to make a motion to pick Fowler White and Burnett. Commissioner Carollo: i second that motion. Chair Russell: There's a motion and a second to select Fowler White and Burnett. Open the floor for discussion, and any questions any Commissioners may have for either the Administration -- Commissioner Hardemon: I want -- I would like to amend the motion by including in -- for consideration Shutts and Bowen, so that we can discuss those two. Chair Russell: Does the mover and seconder accept the motion? Jaj/S22 14 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Commissioner Reyes: I -- as I do understand, and although I have good friends in there, they -- if I'm going to be consistent, I got to be consistent, you see. They have had some connections with doing business with Cuba, and I'm going to be consistent. I don't care if my best friend comes here, or my mother comes from the grave and she come in, I'm going to be consistent, so I don't accept it. Yes, sir. Chair Russell: Commissioner Gort. So the amendment is not accepted. Commissioner Gort. Vice Chair Gort: I would like to know who are the one that going to be participating directly, because I know we have a lot of partners and principals, i would like to know who will be participating in the -- from the firm. Who's zoin =. to be representing? Ms. Mendez: F roin the actual firm or from the --? .4,110 Vice Chair Gort: From whateVer t we lit. 11‘ 1*. Chair Russell: But we have a motion and a second on a specific firm. So if they'd like to address the body, they're very welcome at this point to answer any questions that the body may have for them. Daniel Milian: Good afternoon, Well, there's a few attorneys that would be working on this particular project, but specifically, the Real Estate Department, the co-chair, Richard Wood, would be working on this project; Gil Acevedo would be working on this project; I myself would be working on this project as well; and I also have here Irwin from -- the co-chair for the Sports Division from Melveny, which would also be working on this project quite closely as well. Jaj/S22 15 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 on 05/23/2019 , City Clerk Ms. Mendez: Mr. Milian, may I have a sidebar with you for a moment? Mr. Milian: Yes, of course. Vice Chair Gort: A sidebar. Commissioner Reyes: A sidebar now? Mr. Milian: So I apologize; I amend i]mt. Everyone that 1 stated, except myself, because I do sit on a board here in the City of -Miami, so I'm E1rechid ed from working on it directly. Chair Russell: So you would remain or the board, but you would not work on this Nifip --? Mr. Milian: Correct, 1 would not work on tthc actual project. Ms. Mendez: Unless you wanted l waive that, but -- CommissionerKolb: N Mr. Milian: That's fine - Commissioner Hardemon: What board is it that you serve on again? Chair Russell: He is the chair of the Planning, Zoning & Appeals Board. Jaj/S22 16 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 on 05/23/2019 , City Clerk Mr. Milian: The Vice Chair. Chair Russell: Vice Chair. Thank you. Madam City Attorney, everyone -- of the three that you recommended, and especially here, has everyone registered as a lobbyist who has contacted the City or this body? Ms. Mendez: My understanding -- Chair Russell: I guess I should ask theIA Ms. Mendez: Right. So my understanding is anyone that has come to speak here today that was not asked to speak -- right'? -- because i d v ou ask questions, they don't have to register as a lobbyist, rP Commissioner Reyes: 1 -- Ms. Mendez: If they came to give a prescmation, then they need to register. My understandingz is that everybody that spoke here today has registered. Chair Russell: Wel I, if they've called us or emailed us, if they've lobbied in any way, they must have registered to lobby, correct? Ms. Mendez: As -- well -- Chair Russell: I just want to make sure we get off on the right foot with whoever we're working on -- Jaj/S22 17 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Ms. Mendez: Right. Chair Russell: -- that we're following all the (UNINTELLIGIBLE). Mr. Milian: And I could assure you, we've all registered. Commissioner Reyes: Mr. Chair? Chair Russell: Yes, Commissioner Reyes 1 v44., Commissioner Reyes: What's yUur name, si r? Mr. Milian: Daniel Milian. Commissioner Reyes: Daniel Milian. Daniel, are you -- you are on which board? Il°11.11111111100, Mr. Milian: The Planning & Zoning Boa Commissioner Reyes- Are you willing to resign if it is? Ms. Mendez: It -- Commissioner Reyes: Or doesn't (UNINTELLIGIBLE) Ms. Mendez: -- that doesn't -- Jaj/S22 18 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Chair Russell: He won't be representing on (UNINTELLIGIBLE). Commissioner Reyes: Oh, you won't represent? Mr. Milian: I will not -- right. I will be -- 400 Commissioner Reyes: Okay. You're not g i nd g to be working in -- Mr. Milian: Correct. Not directly. Corre . Commissioner Reyes: Okay Mr. Milian: .'orrect. Commissioner Hardern n: Okay. But tjlL question I have is like, so is he able to shield to himself that way'' ay. for instance, i! I won -- Ms. Mendez: We're hiring the firm; we're not hiring him. Commissioner i LLi'do! non: No, no. I understand that. I understand that very clearly. But say, if I worked for ABC Firm -- right? -- and they were coming before the City of Miami to earn a job. And I said, "Well, I'm going to just shield myself from being a part of that deal." I mean, is that not still a conflict? Jaj/522 19 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Ms. Mendez: So -- right. There are different types of conflicts. This is not -- this is a specific conflict in our Code section; just says that you can't do business with the City for two years. It's a prohibition, unless it's waived by the Commission. Commissioner Hardemon: Yeah, but this is that -- that would be after -- Ms. Mendez: It -- different types of -- Commissioner Hardemon: -- you served. Like. right rlow, I'm still -- I'm serving. Ms. Mendez: Right. Commissioner Hardemon: And he's serving. Ms. Mendez: Right! Commissioner Hardemon: And so -- Ms. I c' ndez: So he can't do it no or for two years. Commissioner Hardemon: Right.. but the question is, if I'm serving in my firm, ABC, Inc., or ABC, LLC, or h: tcver you want to call it, LLP, PA, they want to earn a contract before the City of Miami. And I said, "Well, I'm going to recuse myself from the vote." I'm -- or better yet, because I'm -- this is two different angles. If it's a vote that I have to make, then I recuse myself. But moreover, in his position is, okay, you're going to hire my firm, but I'm just going to shield myself from the work. The question really here is, is that something that is allowable? Can you hire the company that I work for as long as I shield myself from the work? Jaj/S22 20 May 9, 2019 Draft Ms. Mendez: Right. As you've described it with you, no. Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Commissioner Hardemon: So what's the difference between him? Ms. Mendez: It's because -- it's -- you're a Commissioner, and they're -- Commissioner Hardemon: He's a -- but he's a Planning & Zoning Appeals Board member. Ms. Mendez: Right, but he -- Commissioner Hardemon: Very important board. by the way. Probably one of the singularly most important board /h .t you can have. I mean, we get beat up about getting donations from people who regularly appear before the Planning, Zoning Appeals Board. And so, you know, I'm just trying to understand -- Ms. Mendez: Righ Commissioner Hardemon: : - the curing of that sort of conflict. Ms. Mendez: And if we want -- I mean, if we want to table this even further, and we can get you answers to your questions in particular. It's just in this case, it's a different type of conflict. Commissioner Hardemon: No, because the thing about it is this. Now I read in the papers all the time. They talk about me as if I'm doing something wrong on a board, where there's no conflict whatsoever between -- there's nothing illegal about Jaj/S22 21 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk anything that I've ever done before the City of Miami, and I would never do anything illegal. And so, I just want to understand how people who are not like me are able to do these sorts of things and earn business, but then people like me can do these things and it's okay. But I just want to be clear before we take a vote on that, if that's possible. Mr. Milian: I mean, if it's the will of this board, and it's necessary for me to resign from my position -- Commissioner Hardemon: From your job? Mr. Milian: Well, not my job. Chair Russell: He loves the I'AF3_ Commissioner Harlemon lo. I mean, that's the paint. The point that I'm making is that, you know, people whc are asked not to make a living in the City of Miami, you know, if they have relationto me or they're significantly involved or tied to me. And none's ever asked you not to have a_-- !king in the City of Miami. They've, at most`, ked you to resign from a board. Mr. Milian: Ri my entire life, an and I un erstand that. I mean, I've lived in the City of Miami eked m the City of Miami, and never had -- Commissioner Hardemon: Maybe we do need to just pass this for a while. Commissioner Reyes: Mr. Chair? And I mean -- Chair Russell: Yes, Commissioner Reyes. Jaj/522 22 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Commissioner Reyes: -- I want to be -- and Keon has -- I mean, Commissioner Hardemon. Commissioner Hardemon: That's fine. Commissioner Reyes: He has a great point. In being fa i r, if you are on a board, this contract is going to come to the board. You see? If it happens, you see, and you being part of the firm that is represented inn a board member at the same time, I think that you either have to resign or reuse yourself. 411, Mr. Milian: Right. I would obviously recuse niyselffor -- t Commissioner Reyes: No, or resign. 4 Mr. Milian: --or resign, if that's -1114101111 - Commissioner Reyes: 1 think — which one, Madam City Attorney, will not represent [sic] a conflict? Mr. Milian: I'll just for the record then, I'll go ahead and resign my position, then, if that's (UNINTELLIGIBLE). Commissioner Reyes: Okay. Commissioner Hardemon: Okay. So for the record, he's resigning from his position at his firm, right? No. Jaj/S22 23 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Mr. Milian: Well, you know, I had talked to -- Commissioner Hardemon: No. I mean, listen, if sitting on this dais is Francis Suarez -- I don't know who he works for these days. Somebody, I'm sure, pays him quite a bit of money. Francis Suarez was sitting here on this dais, and there was a contract for legal services. Would this dais allow his firm to do the work? Commissioner Carollo: I'm sorry. That -- N.plaiu that again; you caught my attention. Commissioner Hardemon: Was it the `°Fraric)<- part? Commissioner Reyes: Oh, you -- oh -- Commissioner Carollo: No, no, no, no. You -- Comm ksioner Hardemon: Maybe I shouldn't use "Francis." Corruriiss on r Carollo: You caught -11, - Commissioner I lardemon• AA-i d to use other -- Commissioner Carollo: -- my attention. Commissioner Hardemon: I thought Francis was outside the purview of anything that mattered in these situations. Jaj/S22 24 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Commissioner Carollo: Well, no, no, no. Let's go there. Mr. Milian: Just in full candor, I mean, I contacted -- Chair Russell: Gentlemen, one at a time; through the Chair, please. Through the Chair. Commissioner Carollo: No, no, no. Chair Russell: Commissioner Carollo, you Lry e a question. 1111L Commissioner Carollo: I wali. t ficilLiwA. this so that I could do right by this young man here. Commissioner Hardemon: Al] ri{�Tiit Sti Chair Rtissell- Regale the example. please. Carnmissiorrie Carollo: Commissioner I-1 ardemon: And if you'd like to exclude names, that would be great. Commissioner Hardemon: Yes. So I mean, I'm bad at this whole lying thing, so I'm just going to make up a name, all right? Commissioner Carollo: Forget about the name right now. Jaj/S22 25 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Commissioner Hardemon: Okay, okay. Commissioner Carollo: Tell me what you were saying. I remember the name. Commissioner Hardemon: If Commissioner "A" -- okay, I'll use -- he always wanted to be an attorney, so let's use -- because he (UNINTELLIGIBLE) attorney. Commissioner Carollo: I don't (UNINTELLIGIBLE), Commissioner Hardemon: If Comm ssi over Gort -- Cornmissione Dart sits on this dais, right? And if there was a contract for representation of the City` of Miami that was being sought after by his firm, the question is -- not his own -- from his perspective of whether or not he needs to reign or hic.11 himself, or anything like that. The question is -- ilk 4141i Alp Commissioner Carollo: Not his, but the timt s. Commissioner Hardemon: The firm. From the firm's perspective. Would this body hire his firm to do the work by the firm saying, "We'll just shield him from actually doing" -- -or having anything to do with the project"? Ms. Mendez: And as 1 said -- Commissioner Carollo: Well -- Ms. Mendez: -- the description that you gave and the description that you're giving now is two -- they're different than his situation. Jaj/S22 26 May 9, 2019 Draft Commissioner Hardemon: He's a board member. Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Ms. Mendez: I understand, but there is -- when you are at a level where you affect contracts, where you affect deals, hiring, pecuniary interests, et cetera, that is a different level of conflict than this conflict that we're talking about. And we are not hiring him. He is like a one -tenth, fifth -- Commissioner Hardemon: But let's see No . important -- Ms. Mendez: -- one -- I mean, like the lowest pc; centagc of, you kris w-- Commissioner Hardemon: I iiio4''1 --'1 Marl. he's floc -- Ms. Mendez: -- ownership in a firm. • Cornunissioner Hardemon: -- on the Beautification Committee. He's on the Planning and Zoning and Appeals Board Committee. Chair Russell: Yeah. That's an important (UNINTELLIGIBLE). Ms. Mendez: No, and l ttet it. And that's -- Commissioner Hardemon: What that means to me -- Ms. Mendez: -- your decision. Jaj/S22 27 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Commissioner Hardemon: -- Madam City Attorney, is that, you know, I have a billion -dollar project that wants to come to a community. Right? And that billion - dollar project is represented by my firm -- or Commissioner Gort's firm. And Commissioner Gort's son is on PZAB, and he works for the firm as well -- because, you know, in the City of Miami, they have -- you know, I'm the first lawyer in my family -- but they have usually layers upon layers of attorneys, like in Miami Beach, et cetera. Right? So -- Vice Chair Gort: You mean one of my girls? Commissioner Hardemon: Yeah. W Vice Chair Gort: I don't have Commissioner Hardemon: I know you don was making it up, but I didn't want to get too perso 1. But one ofy our s And so, when they apply to #r Elf pursue this projectFin the Ci of Mi R e PZAB has to opine. And when they opine, many times, as weave seenmost re ently, it gets appealed, and it gets appealed to the City A,nd o, or sit can be approved .atythe lower level, you know, with the recommendation, etcetera, and it comes to the City. So the question is, I mean, is me that fs the Planning, Zoning a d Appeals Board -- Commissioner'Carollo: Commissioner Hardemon: -- is it just some -- Commissioner Carollo: -- I -- look, I -- Commissioner Hardemon: -- insignificant thing? Jaj/S22 28 May 9, 2019 Draft Chair Russell: Commissioner Carollo. Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Commissioner Carollo: -- think I'm following what you're saying, and I'm trying to recollect, when I was Manager in Doral, some of the problems we had there, and the instructions that the Ethics Commission gave me and gave some of the elected officials. And basically, it stated that you cannot be si t in public office -- granted, there's a separation there, but he does have a very p"" ; rful position. You cannot be sitting in a public office and be having continueda n lict of interest popping up. You had to choose either you went to your business or yo .-were the elected official; one or the other. And those were basic tie opinions that -they were given. So I can read that. Let's say that we approv y project, they're goingto be coming back for different needs. I don't know how Mich is go g to have -o go through the Planning & Zoning Board. Vice Chair Gort: A lot. Commissioner Carol lo. Would it be sufficient where he would have to recuse himself every tirame or not Now, in ills position, I don't know if he would carry that much weight with the restof those board members, but he certainly, in my mind, would not be able to vote for anything that would come back on that project -- Commissioner Hardemon: Right, Commissioner Carollo: -- or anything related to it. Commissioner Hardemon: And that's the least of it. The question is also, can the firm shield him? Because if he's so insignificant that he's like, "Well, I won't be working on the project," well, he's significant enough that he's here before us today. Jaj/S22 29 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 on 05J23/2019 City Clerk Commissioner Carollo: Yeah. Now, the -- and I'm hearing what you're saying. The other point taken -- let me give you another scenario; guide me on this one, too. Let's say that Commissioner Gort -- you know, you don't want to be an attorney, I know that; especially at this time of life, you know. You want to make some real money, not be like most attorneys. The -- Vice Chair Gort: You'd be amazed. I'm changing profession in November. Commissioner Carollo: But let's say Commis tone ort, his firm has clients, or whatever, you know, selling cookies, you know, whateverit is, would -- and their clients that -- are the firm's clients, but he's part of the firm, whether he brought them to the firm or not; we don't know, but they went to the firm Wen Commissioner Gort started with the firm. Would that, in your rnkid, be something similar to this; it would be a conflict? Chair Russell: Are you asking the City Atromcy? Commissioner Carona: Noe I'm -- because I want him to guide me on this. Commissioner Hardemon: Give me the fact one more time, because you kind of stumbled In there. Commissioner Carollo nissioner Gort is working for "X" firm. The firm has, on several matters oortance, a client that then has matters that will come up s within the City. Can Commissioner Gort opine and talk about anything that would be helpful to that client or not, in your mind? Commissioner Hardemon: And he works for that firm that has that client? Commissioner Carollo: Yeah. Jaj/522 30 May 9, 2019 Draft Commissioner Hardemon: I would think he cannot, no. Commissioner Reyes: Exactly. Commissioner Carollo: Okay. Well, okay. Submitted into the public record for item(s) RE.14 . on _ 05/23/2019 _ City Clerk Chair Russell: So what we have -- I'm sorry, you weren't finished. Commissioner Carollo: You know, I'm trying to put this in perspective, along with something else. Commissioner Hardemon: The reason I'm --- hccansc then -- the argument would be that he has some son of iiectiniar ' interes so Commissioner Carol Corntrdloner Hardernoti: -- in the matter. Chair Russell: So it cotajd, w c do have a response, though. It's a little bit trivial as the respond -- applicant has -- interested party -- the firm has already offered to resign from the hoard -- Mr. Milian: Yeah. Chair Russell: -- if this (UNINTELLIGIBLE) -- Jaj/S22 31 May 9, 2019 Draft Commissioner Hardemon: Yeah, but then -- Mr. Milian: In an abundance of caution, yes. Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Commissioner Hardemon: -- so he resigns from a board that the board, I'm sure, has some sort of -- does it have a two-year period in which they must -- he can't lobby that board? And so, now you have a board member who resign. However, his firm is now going to lobby that same board. Commissioner Reyes: No. Commissioner Hardemon: I kao hey're not going to use him, but -- Commissioner Reyes: No. I think c're letting it all wrong. He's working for us, not for the masses. He's working for us. He is the one that is going to say, "This is a good deal or a bad deal." You see? The one that has to come to the board and ask for a change. Am I right'' Ms. Mendez: He is not working on this deal, unless you waive the conflict -- 140, CQrnmissicam Reyes: No, c . no. What I'm saying -- Ms. Mendez: So he's not working on it. Commissioner Reyes: What I'm saying -- Ms. Mendez: Whether he resigns -- Jaj/S22 32 May 9, 2019 Draft Commissioner Reyes: What I'm -- Ms. Mendez: -- or not, he was never working on this deal. Chair Russell: So it will be a conflict even if he i iosi slti" Ms. Mendez: Yes, because of the two year* Commissioner Hardemon: But see, the c nn nick ck is -- Ms. Mendez: Do business with the City. Submitted into the public record for item(s) RE,14 on 05/23/2oi9 City Clerk Commissioner Hardentow -- for two years, and that he's currently a board member doing business with the City. o there's a potential -- lbw_ Ms. Mendez: It's two (UN1 IE.LLIGIHLF ) with the City. Commissioner Hardemon: Right. 1 lc couldn't work on it no matter what, period. Ms. Mendez: Right. Commissioner Hardemon: He could not work on it. Ms. Mendez: Vick right. Jaj/S22 33 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 on 05/23/2019 , City Clerk Commissioner Hardemon: And so, then the question becomes -- Ms. Mendez: His firm can. Commissioner Hardemon: -- that's -- I mean, that's really the ultimate question. Commissioner Carollo: Well -- Commissioner Hardemon: "Can his fi different perspectives to look at this from, has to deal with the Florida Bar on that one ri the issue before us is about, you know, the before this body. And so, the question is, can soi who sits currently on our board, is it appropriate work? (UNINTELLIGIBLE) now, but it's two from his firm's p t? e ective, because he is a shielding issue. But then ess that's being conducted here rie who is before us, you know, to hire his firm to do the Commissioner Carona Well is I guess what you're trying to say is -- and correct me if I'm wrong -- that if Commissioner Gort's firm -- not Conunissioner Gort, but firm irm -- would then go toy e Planning'& Zoning Board in representing a client, for whatever it is, that would "e inappropriate then if he's sitting up here? Commissioner Har .Ien on: That's -- Commissioner Carollo: l want -- Commissioner Hardemon: -- kind of like -- that's basically what I'm hearing. Because I'm going to tell you this, right. Commissioner Carollo: But it's his (UNINTELLIGIBLE). Jaj/522 34 May 9, 2019 <'itioorAP Commissioner Hardemon: -- because they do w'usinesN with the City of Miami. Commissioner C arollo: Right. Yo+l're the attorney, so I want you to guide me on this. In essence, that's what you're co1nparin2; that if -- Commissioner Gort is an attorney. He's sitting here. I is firm shouldn't be going before the Planning & Zoning Board, because that would be a conflict If not, maybe -- I don't know -- an ethics )iolation of 50111e sort. Draft Submitted into the public record for item(s) RE.14 on 05/23/2019 City Clerk Commissioner Hardemon: If that's -- because if it is appropriate, then I can work for a company that does business with the City of Miami. Commissioner Carollo: But -- Commissioner Hardemon: And most of the firms won't h[re someone who sits here Commissioner Carollo: Well, look -- Ms. Mendez: Right. He won't be able to vote on -- if he's on the board -- Commissioner Carollo: No, no. He -- Ms. Mendez: -- he will not be able to vote on anything. Commissioner Carollo: He can't vote, but we're not saying that. What I'm asking him, compared to that -- Jaj/522 35 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Commissioner Reyes: He is not going to go to the board. Commissioner Carollo: He -- Chair Russell: One at a -- can we do one at a time, please? Commissioner Carollo: -- is a Commissioner. His fire is representing somebody before the Zoning Board. Commissioner Hardemon: Or this board, Commissioner Carollo: Huh? Commissioner 1-larder-non: Or this has C omrtti sinner Carol lo: Yeah, Or this hoard, either one, but I'm trying to bring it even as little further away, but you said either board; I understand. Then you don't ~s think that'appropriate?You? I'm not -- Came issiouer Harderrior: Mc:? Commissioner Carollo; Yeah. Commissioner Hardemon: You're looking at me? All I'm saying is this, if we can get a legal opinion that Commissioner Gort can serve on this board, recuse himself from every item that comes up regarding his firm, but his firm can still do continuing regular business with the City of Miami, if we can do that -- Jaj/S22 36 May 9, 2019 Draft Commissioner Carollo: I don't see how you can do that. Commissioner Hardemon: If you -- know what I'm saying. Chair Russell: It's legal. Commissioner Hardemon: If you can do That Vice Chair Gort: It's legal. Chair Russell: It ain't but i al. pretty, Commissioner I Iardemon: -- sign me U Commissioner Carojla: H, 47 46" ChairRussel]: All right: Se let me (UNINTELLIGIBLE) -- Vice Chair Gort: (UNINTELLIGIBLE). Chair Russell: -- encapsulate this. Commissioner Carollo: No, no. Jaj/522 37 Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk May 9, 2019 Draft Commissioner Reyes: Please, please, Mr. -- Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Chair Russell: We have two. Okay, Commissioner Carollo and then Commissioner Reyes. Commissioner Reyes: Okay. Commissioner Carollo: I don't think it's 1 ega' Vice Chair Gort: You can excuse arse l[ Commissioner Carollo: And 1"r gnii g to tell you 1v)).y I don't it's legal, because it would be a continuous conflict that you have. and that's part of what I understood from back in 2013 or '14 when I received the instnictions from the Ethics Commission that 1 had, So that's the point. And this is what I believe Commissioner Hardemon was trying to say, in different ways. and al.rrL with me. What say you, Commissioner (Dort' c.. were r_tsina you as the -- Commissioner Reyes! Can 1 -Iso - C.s rnmissiot er `arck(Li . -- (UNINTELLIGIBLE). Nowielf Commissioner Reyes: -- 'ask just one question? Chair Russell: Commissioner Reyes, and then Commissioner (UNINTELLIGIBLE). Jaj/522 38 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Commissioner Reyes: What is the scope of services that this firm is going to provide? The scope of service, that's what we have to determine. What is the scope of service? And then we will determine if there is a conflict. What is the scope of service? You going to advise us on the deal, right? Mr. Milian: Well, my firm would be, not me. Commissioner Reyes: Would you represent -- not you. the company -- Mr. Milian: Right. Commissioner Reyes: -- hoover it is, is going Lo represenl us on the negotiations, and negotiating the best deals for the City of Miami‘ Mr. Milian: [orr c.t. Commissioner Reyes: If this nit (UNINTELL1(_i113II F) negotiations -- when you come to us with your report that says, "This is the best deal," are you going to go before any of our -- 1 mean, any other boards -- Commissioner Hard Thav No. Commissioner Reyes: asking for -- and ask for a change of zoning? That is not in the scope of your work. Mr. Milian: No. Jaj/S22 39 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Commissioner Reyes: And what we have to -- I think that what we have to concentrate, it is on the scope of your work. If it is a conflict between the scope -- the services that they're going to represent -- I mean, they're going to provide us, (UNINTELLIGIBLE) the position he has. And as of that, if he is not -- is not going to go in front of any board in order to have any -- I mean, I'm not going to say only the Zoning Board; any board. Mr. Milian: Right. Commissioner Reyes: And you are not going to come before us, and then you are not going to say, "Okay, we have to" -- I mean, have to change anything, you know. "This is the deal. We are representing you. We think this is a + deal because of this, this, this, this, and this." Okay? Mr. Milian: Right. Oliat 1, Commissioner Reyes. And that' it. I Liars the scope of service. Ch r Russell: Got it.. Commissioner Reyes: Nothing else. Chair Russell: You don't nccd to respond. So -- Commissioner Reyes: You see? You understand it? Chair Russell: Yes. So I'd like to bring this to a vote, but what I'd like to -- I understand what the Commissioner was illustrating here. What we've got is what's legal, what's ethical, and then what's optically correct, right? Only one of them has Jaj/S22 40 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk a standard that you must absolutely in every sense, you know, comply with from a legal perspective. Ethics Commission may make an opinion on the other, and the other maybe just looks bad. Right? And so, as I said earlier, it's important that we get all three right, because this is a very public negotiation, and so, we need to be pass the standard of all three. With your resignation from the board, I'm satisfied personally that there is no conflict that we need to worry about from a legal, ethical, or optically -- optical standpoint. So I'm ready to take a vote on this, if the board is. Commissioner Carollo: Well -- look, if this is what ycL1're offering to do, I would have to agree with Commissioner Russell that that would take care of any either direct or potential future conflict of interest with you on the board. Can you see any other possibility, Madam City Attorncy, of any --? Ms. Mendez: No. That's CHIC. 1-ie just cannot work on this item, because it's a two- year issue. So -- Commissioner Reyes: Okay, fine. Ilhok iL, Ms.you're not working on this item. Mr. Milian; That's fine. Ms. Mendez: ,And yowl] resign from the board? Mr. Milian: Yes. Ms. Mendez: So we're good. Thank you. Chair Russell: Thank you very much. Is there any further discussion from the dais? 1aj/S22 41 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Commissioner Hardemon: Yes. Have we gotten an opinion? (UNINTELLIGIBLE) board yet? No, because I want to know. Because that means my (UNINTELLIGIBLE) as an attorney goes up tremendously, and I'm making the wrong life decision. Chair Russell: So to clarify the question, you'd Ke an LSR here basically? And just so I can -- Commissioner Hardemon: They may already have something. So what I'm asking is that we not vote on it just now. I.ct's move on to other business, and then come back to it. (UNINTELLIGIBLE) -- this is more than just this decision. Chair Russell: This is a discusion on ethics and conflict -- Commissioner Hardemon: This mean something to me -- ilk Ampii.._ Chair ilk i understand. i and,2rst'a , it Commissioner Hardemon: -- in m' career. And so, I want to know what's appropriate. Because if I get advice that, you know (UNINTELLIGIBLE) -- and we're doing this stuff in the open. Ms. Mendez: Just to clarify, what we have opined before is if you are a member of a large firm and your firm comes before this Commission, the person would have to recuse themselves, not vote, and the firm could still come before the Commission. However, before anybody does something like that, they need to seek an Ethics' opinion as well, because I have given ethics opinions in the past, and the Ethics Commission can choose not to follow it. Jaj/S22 42 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Commissioner Carollo: Yeah, but it requires a lot more than that, Madam City Attorney, a lot more. Ms. Mendez: That's why an Ethics opinion is always recognized. Commissioner Carollo: Well -- yeah. For instance -- anti this is what I think, and - Commissioner Hardemon: But who's -- like -- maybe - the Ethics opinion is one thing. Commissioner Reyes: Well - ay. Listen. Commissioner Hardemon: Becauserlhe but I have to. The,ethics applies to the electe is, but the public servant removed himse from -- much like what de a Commiss his son comes before Miami ade`Coun the discussion T=redoes nc t-cause or therefore ,then, his son ands ,for instance, it will be -- I'll -- if I speak it in the air, myfirm -- right? -- they would make their appeal to the board members on this dais, and thenthey make theecision one way or the other, which I have no influence over it, and I shouldn'tany comment about it, because it would be inappropriate. So 1've absoi ved myself of any ethical dilemma. et plies -- 1'n sorry to interrupt you, cial or whoever the public servant ism the discussion. He removed himself Oiler -- our dear County Mayor does when ommission; he removes himself from pence to what's happening. And so, Ms. Mendez: But the only way you absolve yourself is by getting a direct Ethics opinion. That's -- Chair Russell: I agree with you, Commissioner. Jaj/S22 43 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Commissioner Carollo: Here, Commissioner Hardemon, is where the dilemma lies on what you're saying; that -- and I'm remembering from what was written to me and told to me back then in their instructions to me as Manager. How do you control the perceptions that many others can have? Do you know if "X" employee is going to deal with the firm's client that they know you work for inn the same way as they would if they were not your firm's client? And this is why it gets really muddy with ethics, and you're right. Look, I will say this from what I've seen about you. You've made sure that your law firm is not going to be, in any way, shape or form, in the middle of anything that could be a conflict with the ty of Miami. I commend you for that, because I'm sure that you've had a lot of ple knocking on your door to try to hire you so that they could see how they can maneuver the gray areas of law and see how they could get a foot up on someone. Commissioner Hardemon: But the thing about it isthat I want you know, we believe in following the law, ri t?, So you folio" the law. You know, the whole ethics thing is a fleeting sort of al, usston, becausethics depends on where you are, what part of the City, what country you refrom. I men you try keep to these ethical norms -- right? -- that nuke sense for where we do business. And then they try to make ethics laws right? w ich is another fleeting"sort of concept, because it all tenders upon -- not ":upon whatthe established law is,' but what four or five people sitting in a meeting say is law. Right? So it's a very interesting thing. (UNINTEL:IGIBIE) case,rt s a very interesting thing, our Ethics Commission, et cetera But in line with what We've been given and the rules that we have to follow, you know, if I'm being told thasomeone can sit on this dais, and as long as they recuse themselves from matters that involve a firm that is very large, that that firm can do regular; business with'the City of Miami and that it's perfectly fine, then I've learned something new that wish I had learned six years ago. That's all I'm saying. Chair Russell: Thank you. Commissioner, do you -- would you still like the item tabled? Commissioner Hardemon: Yes. Jaj/S22 44 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Commissioner Carollo: I think you're right -- Chair Russell: Okay. Commissioner Carollo: -- in your first opinion. Chair Russell: There's a request to table the iu ni. The mover and seconder -- Commissioner Hardemon: Yeah. Not the touch your vote I'm not going to ask -- Commissioner Reyes: Table --� tsi Commissioner f Iardcmou: Because l srcii, becau e I could potentially be a vote in favor for you, for this motion, Commissioner Reyes: Ye.s, yes, yes, but 1 want to know until when, because remern,®'' time is'fe essence. Commissio x: Hardemon: o, no. 1r3 today. Commissioner Reyes We have to have a contract or a proposal in place before September. Commissioner Hardemon: Just today, because I know -- Jaj/522 45 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 on 05/23/2019 , City Clerk Commissioner Reyes: And I don't want them to use this as an excuse and say, "Oh, what's" -- "let's wait until November; that Willy Gort is not going to be here, and Manolo maybe might not be here either." You see? Commissioner Hardemon: For now, for now. (UNINTELLIGIBLE) today. Commissioner Reyes: That as -- if it is -- Chair Russell: He's asking to be tabled to today. Commissioner Hardemon: Right. 1 Chair Russell: It would come -- Commissioner ]eyes: Today or tomorrow (CJIINTFLLIGII3LE). Chair Russel): We're ;II most done v, ith the day, by the way. Commissioner Hardemon: Right. 1 know we're almost done (UNINTELLIGIBLE). At least give them time to kind of talk to me -- Commissioner Reyes: Sure, sure. Commissioner Hardemon: -- to decide, and at most, it'll be to the next meeting. Commissioner Reyes: Okay. But you know my point also, right? Jaj/S22 46 May 9, 2019 Draft Commissioner Hardemon: Yes. Ms. Mendez: So I wanted to -- Chair Russell: Madam City Attorney. Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Ms. ,Mendez: -- clarify something. Unfortunately, I've been receiving information that, apparently, Fowler White's affiliate Jinn, which is -- I'm butchering the name - - O'Melveny, also has some sort of Cuba practice, So bascd on this, honestly, right now, I'm a little -- if we could just reset this until next meeting -- Commissioner Reyes: Then I --if they do -- Ms. Mendez: -- and I'm sure I will Chair Russell: Yost tecciving this' I'd likc to understand -- Ms. Mendez: Yes. I'm sure I will am going to get a lot more information about cvcryhody that does some type of advic4 with Cuba, and then, you know, you'll probably be down to -- )1h, Commissioner RLy s; If that's the case, they (UNINTELLIGIBLE) this from us, and that will disqualify them. Chair Russell: Commissioner Reyes, would you like to ask -- Commissioner Hardemon: Yeah. Jaj/522 47 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Chair Russell: -- because he's here from New York. Commissioner Reyes: Who have -- Mr. Milian: They're actually here, and l Aey've assured us that they (UNINTELLIGIBLE). I'l Chair Russell: (UNINTELLIGIBLE) for Ehis meeting to answer these questions, so you'd if you'd like to answer -- ask any questions -- Commissioner Reyes: No. Chair Russell: -- (UNINTELL1CIBLE). Mr. Milian: He flew do, .ji frg.hxe. Commissioner Reyes: BecLrtlSe if that's the case, I would -- I will -- I mean, that's - Irwin Raij: Hi. I rwi en Raij. from Melveny and Myers. City Attorney -- I guess someone sent a link from our firm web site that had an article written by a partner about Cuba, but we do not represent anyone in Cuba that I'm aware of, nor have we done business in Cuba. We do not have an international practice in the Caribbean or Latin America, and we've not done work -- Chair Russell: That's not the question, though. Jaj/S22 48 May 9, 2019 was an article about Cuba? Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Mr. Raij: So to answer the -- but to the question, I ran a conflict check. I checked with our management; we're not doing any business in Cuba -- Commissioner Reyes: Have you done it? Mr. Raij: -- or advised any -- no, we've not. Commissioner Reyes: Have you advised -- who you said that it was an article, it NWr A. do Mr. Raij: That we wrote an article about President Trump announces changes to U.S. Cuba policy. That was it, a summary of what th LI.. President atinounc ti_ Commissioner c ves: OIL, a summary of what the President; that it could be written by anybody here i tt M iam i? Mr. Raij: Ct erect, Commissioner Reyes: t s-lust an arti te? Mr. Raij: It' iarticle. That's what just showed up on my (UNINTELLIGIBL INTELLIGIBLE). Commissioner Reyes: I would love to see it. Now that we're tabling this, I'm going to find out. Okay? Mr. Raij: Yeah. Jaj/S22 49 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 on 05/23/2019 , City Clerk Chair Russell: The question, I believe, though, because you gave a lot of clarifications, but the main question that Commissioner Reyes has posed for everyone here, do you advise American companies who intend to do business in Cuba? Mr. Raij: I've been told we do not. Chair Russell: Okay. Commissioner Reyes: Make sure that you don't. vp Mr. Raij: I'm -- you know, that's what I'been told - Chair Russell: All ridlht. Mr. RJOO: r can quad -141[e chick it, because 1 knew this was a sensitive topic. Commissioner Reyes: You know why I'm telling you to make sure that you do? Because now everybody and their cousin that wanted to be a part of this contract -- I don't know why; it's not such a huge contract -- they are going to be looking with -- I mean, looking in cvcr}thi:ig that your company has done. Mr. Raij: Well, I'm -- Commissioner Reyes: You see? And for the record, I don't know any one of those guys, okay? I picked them because they were of the three that the City Attorney Jaj/522 50 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk recommended; the only one that I thought that didn't have any dealing with Cuba, and that's why I propose it. Chair Russell: Thank you. Commissioner Reyes: Because I don't know any one of these. Mr. Raij: Sir, I -- you know, the -- I'm actually quite sympathetic to the issue; my family's Cuban American, first -generation American. 1 understand the -- Commissioner Reyes: You Cuban? Mr. Raij: Yes. My parents were btih born in Cuba. My father came -- Commissioner Reyes: And what's your last narzme'° Mr. Raij: 114 Commissioner RouI' Mr. Raij: Raij. Commissioner Reyes: R-O-D? Mr. Raij: R-A-I-J, Raij. Jaj/522 51 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Commissioner Reyes: Oh, they came from Europe someplace, right? Mr. Raij: Correct. Before going to Cuba, they came from Poland and the Ukraine. Commissioner Reyes: Jesus Christ; they running from communism, and then they got run again. Mr. Raij: Exactly. Luis Konski: Just to say, I'm also -- Luis Konski, from Fowler and White. Chair Russell: I'm sorry. You ned to step to the microphone, please. Commissioner Reyes: Y ou are? Mr. Kotiski: Yes. I'm also from Fowler Vs/bite. Chair Russel [: What is your name, please? Mr. Konski: L u i Ktin l; r, K-O-N-S-K-I. My family comes from Cuba, comes from Europe. They were in Cuba frain 1920 to 1961. We were the victims of Fidel Castro also. My brother was aim the roommate with his father, so we know his family well back. Okay? Commissioner Reyes: Well, I would have -- you would have fooled me, man. Jaj/522 52 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 City Clerk Mr. Konski: I'm sorry? And frankly, I have never gone back to Cuba. I tell people not to go to Cuba. I think it's -- Commissioner Reyes: For the record -- Mr. Konski: -- a crime. Commissioner Reyes: -- for the record -- Mr. Konski: Yes. Commissioner Reyes: -- you being C Mr. Konski: Yes.1111,Sh Commissioner Rcyycs: -- all (UNiN X ELLI ISLE) -- I mean, it does not have any influence in rely choice. 1 didn't know, you see. I want, for the record -- Mr. Konski: Right. Commissioner Reyes: -- people to know that, okay? Chair Russell: All right. Thank you very much for the clarifications -- Mr. Konski: Thank you. Jaj/522 53 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Chair Russell: -- and the Cuban bona fides. Commissioner Reyes: That's right. Chair Russell: Mr. Clerk, we have a motion and a second, but we'd like to table the item. May we move on in the agenda? Mr. Hannon: Yes, sir. Chair Russell: All right. Later... Chair Russell: REX We are back to our legal consultant from Miami Freedom Park, and other than the Hoards and Committees, this will be our last item for the day. Commissioner Reyes, I think you may have changed Miami. If you listen carefully, I think we can hear the sound of web pagc.s disappearing for legal services to advise people on Cuba business, as we speak, Everyone is going to erase that from their site and stop offering those services, if they want to do business with you. All right_ so RE_S. We had a motion and a second on a recommendation for -- and I just want to make sure I get it right - Fowler White. Commissioner R.eN't2s: Yes, sir. Chair Russell: Is there any further discussion? Commissioner Reyes: Yes, sir, because I know that now everybody is going through -- I think what we open -- I open a can of worm that everybody -- whoever is going to get this, people are going to be looking like a fine comb to look Jaj/S22 54 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk (UNINTELLIGIBLE) for any relationship from Cuba. Now, once again, I want you guys to tell me, there have been some -- come to me that people have -- they had a message, you see, my office; that there are some Fowlers that they have done something about Cuba and -- or they represented Cuba. I want, once and for all, tell me the truth. Mr. Konski: I've seen some of the documentation. It i s Ful-Ie: Rodriguez; different law firm. It's a New Orleans law firm that, I understand, no longer exist. ,It Commissioner Reyes: Okay. I heard rhcre was another' Fowler; that he was in -- he did some -- he did something with Cuba; had an article a ri tw o, or did -- he did -- was in a seminar -- some seminar, I don't Fare. because I'm a teacher, and I taught communism, and I'm not a communist. Mr. Konski: As I said, I read part of that articl'v tliat seems -- it is George Fowler at Fowler Rodriguez, not Fowler White. Commissioner Reyes! Do you have a relationship with Carnival? Mr. Konski: We do. We s°cpr :sent them, pevhonal injury for -- or injures in the boats themselves. Commissioner Reyes. Y ou don't represent them in the -- their agreement with -- because they've been sued by people that used to own -- that -- where those docks were built in Mariel. You don't represent them for those -- Mr. Konski: No. Commissioner Reyes: -- in negotiating -- in docking in the Mariel? Jaj/522 55 May 9, 2019 Draft Mr. Konski: No. Commissioner Reyes: Okay. Submitted into the public record for item(s) R� RE.14 on 05 ,23 2019 , City Clerk Commissioner Hardemon: But they represent Carnival, an i Carnival does business in Cuba. Commissioner Reyes: No, but they represent -- not in that aspect. I mean -- Commissioner Hardemon: Then they told ( tJNINTELLICIBLE). Commissioner Reyes: No, no. Commissioner H erdei me i1: firm-- Yougot a conflict. You represent -- they represent a Corniniisi()]- ..r Reyes: No. They represent -- Commissioner Hari ernon: — they, represent people in Cuba. Commissioner Reyes: Well, they -- Commissioner Hardemon: So there's -- if there's an incident -- Commissioner Reyes: They represent -- Jaj/522 56 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 on 05/23/2019 , City Clerk Commissioner Hardemon: -- on a boat in Cuba, they will represent them. Commissioner Reyes: Okay. Listen, I don't care if they're them, because I -- or anybody else, but what I'm trying to be is fair. Commissioner Carollo: Well, trying to go around Commissioner Reyes: They represent Carnival, they didn't represent Carnival in the negotiations with Cuba. Commissioner Carollo: C'; rrti val -- Mr. Konski: Nor any advice to Cuba. Commissioner Carollo: -- represents the Miami Heat; same ownership -- Commissioner Reyes: That's right, same ownership. Commissioner Carollo: -- at the top. Commissioner Hardemon: You got a bigger problem there. Chair Russell: All right. Okay. If we are done with six degrees of Cuba, shall we - Jaj/522 57 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Commissioner Hardemon: But what's important about this is that we're trying to make a determination about the relations that we're going to have with an attorney's firm who's going to be consulting in the City of Miami moving forward. And the firm that has been represented, there's been identification that they presented someone before us that is a Vice Chairman of the PZAB (Planning, Zoning & Appeals Board) board, that -- Commissioner Reyes: That is different. Commissioner Hardemon: -- you know, that they represent an organization that does business in Cuba. That was the (UNINTELLIGIBLE). Commissioner Reyes: Okay. It /hat is -- i mean. I will retire, and I will get somebody else -- Commissioner Hardemon: So -- no, no. Wha I'in sa} ins o is -- so the question is either do we take more time to research these firms and bring them back the next meeting, or do we -- you know, we try to select a firm today? These firms are representative of people's last names. right'? And those last names were able to hire -- well, some of them -- hundreds of attorneys, Commissioner Reyes: Yes, but -- Commissioner Hardemon: And so, there are attorneys who are there -- you know, do -- whether they are descendants of someone who worked for or who does business or live in Cuba. Commissioner Reyes: No. That's -- you're taking it a little bit too -- Commissioner Hardemon: I'm taking it far, but what my point is -- Jaj/522 58 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Commissioner Reyes: No, no. You're taking it a little bit too far. My concern -- Chair Russell: Slippery slope. Commissioner Reyes: What the law says is that you re rtesent somebody -- you see, you advise somebody that is doing -- I mean, you're -- what they're doing, you are their adviser for businesses in Cuba. You see? That you are directly involved. Vice Chair Gort: You remember the question? You don't have to (UNINTELLIGIBLE). Commissioner Reyes: Okay? kaYou want to retire this? nominate somebody else. I mean, it's tine. How do you think --? 4,40444). And then I will Commissioner Hardemon. No. The question is, do we -- so do we -- knowing how far we've come on this, 1 want to Rive eryoue an opportunity to make an educated decision aba k t this, xecanse if there is -- if it's about the degree of separation from Cuba if you're saying, "Okay. Well, Fowler is appropriate, because they have a degree or separation from businesses who do business with Cuba," then the other people who've been listed as doing business with Cuba should have an opportunity to say, "Well, you know, 1'm attenuated from this." 1%,41P Commissioner Reyes: Yes, Commissioner Hardemon: "All I've done is advised somebody" -- Commissioner Reyes: Okay, by association by being with -- okay. Jaj/S22 59 May 9, 2019 Draft Commissioner Hardemon: So that's my point. Submitted into the public record for item(s) R Ems_, on 05/23/2019 City Clerk Commissioner Reyes: You know, what I'm going to do -- and probably, it is -- could be the best thing to do, because will be the less expensive company, you see. I'm willing -- if you are agree, Carollo, will retire my nomination, and I will nominate Pando? Commissioner Carollo: Who? Commissioner Reyes: Pando. Commissioner Hardemon: I sa ne continue for two ww ccks. Commissioner Reyes: o, sir, because ping to be -- Commissioner Harc emon `at's a -- that deadline that they've given us, right, is not a -- to me, is an artificedeadline.The deadline that they're trying to -- that you believe going to:g epus ed p against you is an artificial deadline. I don't think E that thadeadline makes; any ease. If we wanted to call for it today, tomorrow, 30 days from now, we, as this boar x.can say, "We want a report on what's going to 'P �"P happen with-�Melreese then �' You know, we don't have to wait until this artificial deadline that was Ncreated ou know, I firmly believe that whenever we determine that it is time, then is ti Commissioner Reyes: Whenever we decide that it is time, it is time. And if they don't come up, and they can use that deferrals and all the deferrals that we have, and they didn't have time with the -- I mean, the attorneys and all of -- Commissioner Carollo: But I'm willing to go one more deferral, but, you know, bottom line is, one more, and next time we choose somebody. Jaj/S22 60 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 on 05/23/2019 , City Clerk Commissioner Hardemon: Okay. I understand that. Commissioner Carollo: And let -- Commissioner Hardemon: But -- Commissioner Carollo: -- me say this. Commissioner Hardemon: The attenuateshould be ose ho - Vi ti sure everyone hears it now, but those who are who have done a business with someone that may have been affiliated with " " ";they near then to prepare -- like show us what it is and how far ( `4LLIGIBL Commissioner Red opinion, you see, Chair i ssell: Cornnissioner`Gort has t e"eb waiting to speak; I apologize. ut what of association they have, because in my rLLIGIB Commissioner R4. case that they ha.: re ( TELLIGIBLE) because in this case, I mean, I -- in this ; re resented Carnival, it'sthing the same that I'm saying that P because you represdsorre people -- that you are associated with Manson. You know what I mean? Chair Russell: Thank you. Commissioner Gort. Commissioner Reyes: Some criminal. That is not the same. Jaj/S22 61 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Vice Chair Gort: I recommended six names (UNINTELLIGIBLE) most of the large, major firms that have a lot of problems. We have a very small firm; it's right here, Maria Pando. She's not done anything with Cuba. Maybe that's -- we consider that. Commissioner Reyes: I agree with you, sir. Commissioner Carollo: Are you sure? Chair Russell: All right. So we're going to ire Commissioner Reyes: Yes, I agree with yo34Ne u Chair Russell: -- defer this item for two weeks. Is !hat 3 motion? Commissioner farde:Grnon: That's a motion. Todd B. Hannon (City Clerk): E xc.I:me rhe, Chair. 1411‘ Chair Russcll: It's been moved -- Mr. Hannon: So either Commissioner Reyes or Commissioner Carollo has withdrawn their 1ilSltio11, officiak(y? Commissioner Carollo: Yes. Commissioner Reyes: Yes. Jaj/S22 62 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 on 05/23/2019 , City Clerk Chair Russell: All right. There's a motion from Commissioner Hardemon to defer this item for two weeks. That would put it on the next agenda, May 23. Commissioner Reyes: Are you -- wait a minute. I want Commissioner Carollo and Commissioner Gort opinion, if they agree with the deferral. Commissioner Carollo: I agree with the ciei-erral, but Commissioner Reyes: You agree with the deferral? Commissioner Carollo: Yeah,' but -- Commissioner Reyes: And 1 want the commitment from Commissioner Hardemon that we will have there before us before September. Vice C.']hair Gort: Hey, we'll make a decision in two -- Comrnissiouer Hardemon: !Frn on your side. I'm your friend. '4414„ Vice Chair Gort: -- we'll rnak c a decision -- Commissioner Reyes: I know you are (UNINTELLIGIBLE). Vice Chair Gort: -- in two weeks. Jaj/S22 63 May 9, 2019 Draft Commissioner Carollo: Okay. Vice Chair Gort: Two weeks we'll make a decision. Chair Russell: All right. Commissioner Carollo: This -- all right -- Chair Russell: I will second it. It's May 1 Commissioner Carollo: Yeahh. Submitted into the public record for item(s) RE.14 . on _ 05/23/2019 City Clerk Chair Russell: 'here's a motion. There's a second. Any Cher discussion on the deferral? Hearing none, all in favor, say "aye." The Commission(Collectively): Aye. 1114§6 414 Chair Russell: Motion passes, 4 Commissioner Carollo. lr, Chairman? Chair Russell: And the last thing we have left is -- Commissioner Carollo: No, no, no, no. There's a couple of things; they're quick. Chair Russell: Sure. Jaj/S22 64 May 9, 2019 Draft Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Commissioner Carollo: But before that, I'd like to ask from the City Attorney that all these firms that apply -- and you gave us recommendations -- this is what I'd like for you to give us for the next time we meet, before obviously. Commissioner Reyes: If possible. Commissioner Carollo: I want the firms that have the most experience in real estate transactions first, and then if you want to give me another list of the top firms that have experienced in stadium transactions. Commissioner Reyes: Yes, sir. NO# I\ Commissioner Carollo: Because the one tl]Dtd&al has is less stadium and much more real estate. This is more a real estate transaction. The stadium is only 25,000 seats. It's one-third of Robbie Stadiumfm. I still call it Robbie Stadium. So this is not, in my eyes, a stadium deal, because that stadium is going to provide a minute amount ot'mone t s, it's ale rest of tile deal that I want to get a real market rate value on. ---414111116: Barnaby Min ii,Deputy City Attorney)- Yes, sir. Commissioner Carollo: So provide me that. Jaj/S22 65 May 9, 2019 WEISS SEROT'A HELFMAN �VS' ^��' 6+� COLE & BIERMAN Ar rim atOssRO.t09 aN ltivsirips, Govuukorr & THe Lwr Alan K. Fertel — sports Law Partner afertei@wsh-law.com 2525 Ponce de Leon Blvd. Suite 700 Coral Gables, Florida 33134 P: (305) 854-0800 F: (305) 854-2323 Practice Areas • Business Dispute Litigation • Family and Matrimonial Law • Litigation Division • Sports and Entertainment Law Bar Admissions • Florida, 1984 • New Jersey • U.S. District Court Middle and Southem Districts of Florida • Eleventh Circuit Education • J.D., University of Miami School of Law, 1984. Submitted into the public record for item(s) RE.14 on 05/23/2019 , City Clerk Alan K. Fertel Is the chair of our flrm's Sports and Entertainment division. He is presently Is a Member of the Miami Dade Sports Tourism Advisory Committee; is the former chair of the Miami Dade Sports Commission and also serves as a Member of the Executive'Committee Member of the Entertainment, Arts and Sports Law Section of the Florida Bar where he chairs the Bar's Sports Law division.Mr. Fertel has been active In Miami's Sports and Entertainment community for the last 20 years and has worked with all of the key figures In the Miami Dade Florida sports community. During his tenure with the Miami Dade Sports Commission, Mr. Fertel was Integrally Involved In bringing WrestleMania to Miami Dade County in 2012. He currently represents world -class athletes, Sports Executives, Coaches and Athletic Directors with their contracts, endorsement deals and in protecting their Interests in their professional and personal lives. Mr. Fertel is also an aggressive and effective civil litigator and he uses those skills to negotiate for, represent and counsel the firm's sports and entertainment clients. He has been Involved in representing clients from Spain, South, Central and Latin America and has a strong Interest in international Trade. Having traveled throughout the regions and representing multinational clients, Alan has expanded his Sports and Entertainment practice internationally. Recently, Alan was Instrumental in negotiating licensing agreements with Sevilla F.C., a premier Spanish la Liga' Professional Soccer Team to expand their brand to the United States. Sevilla FC is prepared to open youth soccer academies through Florida and the United States and to market merchandise and to compete In `friendly soccer matches. Mr. Fertel will also be representing Sevilla FC In their efforts to break into the United States soccer market. Mr. Fertel seeks to bring multiple business opportunities to the United States, as a result, of his international business connections, Having lived in Miami for the last 37 years, Alan has watched, attentively, the compelling Issues that concern the Cuban Trade Embargo and Its impact on the Nation of Cuba as well as on the many Cubans living in the Mlaml/South Florida area. As the Embargo has been lifted, Alan has concentrated his efforts on placing is clients In the proper position to attempt to penetrate the Cuban market. He has m t with several high-ranking Legislators, lobbyists, lawyers, bankers and businessmen In order to properly position his clients to enter this emerging market. Alan seeks to bring multiple business and sports opportunities to Cuba from the United States. In addition to his litigation and international business practices, Alan is also an accomplished and experienced sports and entertainment lawyer. He has represented many individuals and entitles in this capacity, from athletes and entertainers to coaches, athletic directors, teams, agents, leagues, radio stations, models, modeling agencies, restaurants and clubs. He utilizes his wide range of skills to assist, counsel and advise his clients. Alan has consulted with eight first round draft picks In the NFL draft and has been featured on the NFL League Security Video filmed by NFL Films, shown to every NFL player as counsel on how to avoid the problems and pitfalls of being a celebrity professional athlete. He negotiated the Principal Hosting Agreement for the 2014 Miss Universe Pageant and has negotiated broadcast agreements with the Miami Marlins, Miami Dolphins, Florida Panthers, and the University of Miami Hurricanes. He has acted as counsel to the Miami -Dade Special Olympics, World Series of Boxing, the National Senior Games and the World Water Skiing Championships. He is a frequent speaker and lecturer at sports and entertainment law seminars throughout Florida, the United States and Latin America. He has been asked to speak to law school, college and high school students and student athletes on various legal and ethical Issues. Alan gives his time and efforts to various charitable and civil causes. He was the Chair and a member of the Board of Directors of the Miami -Dade Sports Commission, as well as a member of the Greater Miami Sports Tourism Advisory Committee. In addition, Alan is a member of the Executive Committee of The Miami -Dade County Special Olympics, a member of The St. Thomas University Business School Advisory Council, a member of the Executive Council of the Entertainment, Arts and Sports Law Section of the Florida Bar where WE.ISS SEROTA HELFMAN COLE & BIERMAN AT Trig ClICU Ortwl or Bufu .% Qovewnrr & TItit LAw Associate Jlarango(wsh- law.corn 2525 Ponce de Leon Blvd. Suite 700 Coral Gables, Florida 33134 P: (305) 854-0800 F: (305) 854-2323 Practice Areas • Municipal Government Law Bar Admissions • Florida Bar, 2007 Education • Juris Doctorate (2006), SL Thomas University School of Law • Bachelor of Arts (2001), Florida State University Submitted into the public record for item(s) RE.14 . on 05/23/2019 , City Clerk Jose L. Arango — Sustainable Development/Building Code Compliance Jose L. Arango focuses on Local Government Division where he focuses on code enforcement, building code and general government law. Prior to Joining the Firm, Jose served as an Assistant City Attorney with the City of Miami where he worked In the divisions of General Government, Land Use and Transactional and General Litigation. Jose's extensive knowledge of the Clty of Miami Code and Zoning Ordinance ensures that Code compliance Is achieved throughout all stages of a projects planning and development. Jose also has extensive experience in drafting legislation and amendments to municipal codes, drafting legal opinions for municipalities, drafting municipal contracts Induding land use agreements and professional service agreements. Jose also served as counsel for the Emergency Operations Center for the Clty of,Miaml.