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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 fi-om lawsuits emanating fiom 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 5104' MW�) �U(ts- R�ony�nou5 Qa��a�e Q�tcbqd 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 comes 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. Fowler White Burnett ) (https://www.fowler-white.com/) ATTOINFIS ST ISR } Daniel A. Milian SHAREHOLDER Miami 305.789.9230 dmiliangfowler- white,com (mailto:dm ilian @towler- white.com) Download vCard (/Portals/O/Attorneys/447 b7cc5- OcOf-41 da-a3dO- a39968e 17146. vcf) Traditional Values Innovative Thinkinj 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. Attorneys at Law Since 194. Practice Commercial Litigation (/Practices/FWB- Practices/CominercialLitigation) 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 r 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 ME 8-f Miami Hera@ SIGN IN Miami's strong -mayor referendum is a multi ' ion - dollar fight 0 f . e* in 0 KE5 4; ORDER REPRINT _. Submitted into the public record for item(s) RE.14 on 05/23/2019 . City Clerk 44 E i '." ` A t 4Ina Biden has a long record. Will this help or hurt him' The battle for 2020: Possible The price of politics is high in the city of Miami — even in an election with no one running for office Democratic presidential candidates 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 0 -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- She won $1 million in the Florida day operations. In that revamped role,I.otterv. Suarez would have top administrative authority over the p A year later, she's part of ale, city's real estate deals and zoning approvals, and he would recommend bidders for city contracts. major drug bust 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 Svbrina Fulton. mother of Trayvon would have the same power, unless the voters changed the government system again through a Martin. will run for Miami Dade referendum. County Commission 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 There's a tropical disturbance out communications group he controls to run attack ads saying Suarez would become a "dictator- there. Consider it a warning shot from ;Mother Nature mayor." Unlimited Digital Access: Only $0.99 For Your First What we learned about Miallli lleaL's potential plans at No. 13 from NBA Month Draft Combine Get full access to Miami Herald content across all your devices. Want to "travel the World? Earn Xfonev to Do just - That The group, called Miami First, has since 2017 raised $284,603. 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 him return to public office in November, Carollo has raised $73,000 Talk about a Florida time warp. Here since June 2018 as the strong mayor campaign ramped up. It is unclear how much the group has are 11 restaurants that have been spent because recent campaign records have reported zero expenditures — even though television open a lifetime ads and mailers are attributed to them. Miami -Dade Mayor Carlos Gimenez has also raised and spent money to fund an ,,pposi,io, Submitted into the public record for item(s) RE.lw on 05/23/2019 City Clerk 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 bid 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 $2.4 million for the effort first to circulate petitions and then to convince voters to expand his power. Suarez has contributed another S300,000 leftover from his 2017 mayoral campaign. A prolific tundruiser, Suarez insisted if he were to become u strum, maycx, his da i.ions would not be swaved 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 f ferald, 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 my political endeavors and are not relevant to the ballot initiative." TOP CONTRIBUTORS TO STRONG MAYOR CAMPA16N Drive Development LLC and affiliates Pride of America Ship holding. LLC (Nor;vegtan Cruise Line) optimum USA Brickeli 2 LLC (Optimun•. Development) Miami Perfume inc. Norman Braman Michael Wohl (Pinnacle Housing) Klaholding. LLC fKLA Schools) Kasim Badak (Okan Development Group) sa.ce __ . . .. .. _ The largest individual donor to the strong mayor campaign is Orice leeclnlx lenti 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 S1oo,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 bid and transferred $300,000 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 $50,000 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 he rude\ coped. 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 $25,000 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 I'i:utacle I loLisi nr Group, gave $25,000 to Accountable Miami. Pinnacle, a developer affiliated with a company that was subject to a federal criminal probe of inflated construction expenses on of ordable-housing contracts, was recent] recoinnlerdecl to receive $3.7 million in count} inti%interest loans for a Homestead affordable housing project. Miami -Dade Mayor Carlos Gimenez, a strong mayor himself, recommended Pinnacle — a til, Ginwneid,,!Ior. Giutenez has CLIT11C vut strongly against suarez's prupuseci strong -mayor plan, funding ac;gative ads through his political committee Miami -Dade Residents First. After two years of fundraising inactivity, Gimenez has raised S67,500 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 Counr%! 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 2017 commission campaign. The committee has raised $73,000 since June 2018, with $23,000 coming from real estate -related entities. One $25,000 check came from a nonprofit group called Miami -Dade Partnership for Prosperity, Inc. The group is a so1(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 2016, then a candidate for Miami -Dade mayor, to keel, its donatiotis stciet. 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 $1.4 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 of politics," 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 STROH( THE Sul JDDoug Hanks pt V Political committee run by q� MayorGimenez, Miami Dade Residents First, has photos of AWtamiMayor Francis Suarez's house and slams him for a pay plan that's 750 of Gimenez's compensation. (I've asked Gimenez's office to explain the $300K math, since he makes $250K now) See Daug Kinks's o1het s weets S 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 (0 Donate (https://donate.wirn.orgj Listen Live (httpLplayerwlrn.orgl) Former Judge Pando Faces New Charges By RICK STONE • NOV 27, 2012 0 Share {http://facebook.com/sharer.phhp? u=http%3A%2 F%2 Fwww.tinyu r l.com%2 Fy2tu4pgt&t= Former%20Judge%20Pa ndo%2OFaces%2ONew%2OCharge 0 Tweet{http://twittercom/intent/tweet? url=http%3A%2F%20www.tinyurl.com%2Fy2tu4pgt&text=Former%20Judge%2OPando%20Faces%2ONew%2OCh Email {malito:? subject=Former%20Judge%20Pando%2OFaces%2ONew%2OChar es&bo y=http%3A%2F%2Fwww.tinyuri.com%5 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 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 endorsed her Submitted into the public record for item(s) RE.14 on 05/23/2019 , City Clerk 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:J!w%,Avwirr orgip,.)A/1n r or judge oando-tacos-new-c harces 5119J9, 5.2? PWt pa(if. 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. 0 Share (http:/Ifacebook.com/sharer.php? u=http%3A%2F%2Fwww.tinyurl.com%2F 2y tu4pgt&t=Former%20Judge%2OPando%2OFaces%20New%2OCharge 0 Tweet (http://twitter.com/intent/tweet? url=http%3A%2F%2Fwww.tinyurl.com%2F 2y tu4at&text=Former%20Judee%2OPando%2OFaces%2ONew%2OCh Email (mailto•? subject-Former%20Judge%2OPando%2OFaces%2ONew%2OCharges&body=http%3A%2F%2Fwww.tir yurl.com%; 0 Comments OVI RON" 2SUI)SCtibe 10 Add Ciscjus to your site Add 01'«t] ,sA=.' d n Sort 1--ly Nle,, rest Submitted into the public record for item(s) RE.14 on 05/23/2019 City Clerk (http://npr.org/) (http://www,pbs.org/) (http://www.miamiherald.com/) (http://stateimpact.npr.org/florida) (http://www.dadeschools.net/) (http://cpb.org/) 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 if the aUegariom are found to be true, it 'would warrant discipline, . .U, -V, —1— tui including, but not limited to, your removal from office and/or any other Miami -Dade County Judge Ana Maria Pando has been charged by the Florida IN THIS ARTME Judicial Qualifications Commission for kYiding the prestige of judicial office Commission;' the filing stated. for a pritrate interest. This ethics investigation is not the first for Pando. According to a state filing, Pando, who presides at the Makah branch w°ressimW service. courthouse, sent a Letter at judicial letterhead to the Florida Division of a i25,000 fine on charges that she received illegal campaign contributions Corporations staring that the Florida Wellness & Rehabilitation Center had octane been inadvertently dosed and should be reinstated. The Oct. 14 letter was Aro y.utvnna fun yNi filed on 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 actlons 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 contAbudom for $500 from entities of Cereceda for her reelection last year. if the aUegariom 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 TRENDING Commission;' the filing stated. Fen imenror This ethics investigation is not the first for Pando. ==tot tint wee `� tarynt.reWkr ar In 2005, the state Supreme Court gave her a sanction of public iepOrnand and a i25,000 fine on charges that she received illegal campaign contributions asemii1i"C49 en p^.T during her unsuccessful 1998 election campaign and successful z000 bid. A"'°`t" °"" d bmk to - p be add o— r A Submitted into the public record for item(s) RE.14 on 05/23/2019 City Clerk BALLOT' -, gg BEAUTIFUL ITAl UTI TASTE AT HOMEPAGE &'TE NAYI6ATION le r tau CONTEN ve rec 1M d.::v.ry K.ee.�e,..� pato. the:+.cruav . ® Ream to top :Idly Eryag. l3 —charge. 14— Ana M. Pando 21"alucti " S"alao TAb F4xioa-rea+[edAtiois esprout, weplan on rhaft 0 prow in pu 11.4". 9 itr. rrp e�m.....rrr 2W Socti— • 'c rduy Were a yw help prow. plow consider donxmg ro Sasolpeds. g,3 wrrtramw. wear. Eawiml ens 0 -tion naotrem Am M. Prado was a comfy judge at the Deb* Corny Com.. d Flonda. She Im Fcourohe. GavamrnsM . her Did la n-elwtOm ud Nh ft court at IM and of her "tn.lawwy of 2013k pwi" TEC0VA5 I Ethics charges 13 PubrP,ll" In March 2012, the Florida.fudcial t]Y3id�.aMini C—rnsaion lied charges against About Pardo, akgulg that she used the prestige d her office to help a idend reopen a business. The judge was do of town when the chargee were Dted and tltt spokesperson for the Elevenar Circuit had no comment!` Tb read this full chrges, visit: Florida Atnllcul Ouasficatlons OommasrM Notice a Forms, (2targes . aaaodA dw County Curt Florid. a+ 114 Pardo was also tar k charged in 2005 owingly accepting improper rarnpaigt Group 10 c tribtaions and W9 a inveadprom For that she was fined W.001) try she Flcnoa swerrhe cokn.'4 12012 election j Pardo ran for rs-etsmiion on Aug. 14. 2012, tool was defered by challenger Diana Gwr%YA ¢r•'Nny* alar 190"492 pwcwft d 1ha you i err Sea abo: Froma jwstr! ew;uws. 20?2 Carnival hit with Helms -Burton lawsuit for using Havana terminal: Travel Weekly Page 1 of 2 Submitted into the public record for item(s) RE.14 CRUISE on 05/23/2019 . City Clerk Carnival hit with Helms -Burton lawsuit for using Havana terminal By Tom Stieghorst V V ( May 02, 2019 T. . 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-TravellCarnival-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 _ 05/23/20191City Clerk https:Hwww.travelweekly.com/Crui se-Travel/Carnival-hit-with-lawsuit-for-using-Havana-... 5/20/2019 The Wlami Herald, Thursday, April 11, 2019, pages from 22 to 22 110NISDAT stet n lOt9 � �3iinati 3irfnlA tttAt�llDAlmyba https://digital.olivesofiw are.r-om/Olive/ODN/Miam iHeraid/PrinL., FAIROOLCoalatAa9EpMoI 21A TrITT111,1O NIMEnA D a, National had a program in place to gray, water into Glacier Enquirer's parent' i `tfor court-ordered �; Sep°emb� Park explores possible �. live flndhngabythe lude- HobandAmednpaid a sate of tabloid pendent court-appolnted $250 flue to Alaska au - ea '' .,:"'►'rat momhror.tleiscmdercd thretlesand did not im- .Carptwl to wrptlne peat- me•arelyreport the ft - site In December 2017, charge to the Casa Guard NEW coax ;. r r: j•t; "'®aahafa':esacre�misrelb"gr 's and the company said it as regdred by federal taw. The supermarket tabloid d t - € 9 stopped. fear time. >M Tkecoldvai (�oex toner to for paying hush �y , , +h money to a former Ptayboy � `re 't. � ' �R..... Tom' �"..�.. 4 federal prosecutors aflegr sidpAk'ally duumpeA model to help Donald �.*', ,Ptae*es .. �_ that Camlvai eottt6uned f6,006 gdkonsd ballast Trump in big 2016 presi '� e'. ', , • - 11l " ,� `msµ c • , the ptaetu into 2018. WaNr hs Baltataiaa wafem dentist campaign 6 an the Prosecutors cited In- in November 2018. to that ternal entails shared at ca�e,tieeurghnaerl� auction block. The parent of�:,r the National Erngoirer said ... Carr" Is brands dis- volsadwhad ipfabify Wednesday that it Is explor-g • '. cussinti how to prepare for eecards to malit it look Ing a possible sale as part of the audits. "it would be titan rtes dheetpttphpeted d a "w2revc ttview` of Irs really important ro'o coact sits to his soparlar, tabloid' business. The ded- onboard on August 12 for Who iastraded hint to sion by American Media one week In order to have report R earrealy. Inc.comes after the tabloid throe to manage Issues Seita requested that said k pall s15o.000 to before the audits and Holland America exec - keep Karen McDougal quiet swan Andhngs," said a atives Stein Kruse, Keith about an alleged affair with 2017 Internal ernatl from Taylor and retired Rear Tnnhp end being accused Durhtg a ship aunt In December 2018, according to court filings. monitors found the Carnival's German -based Admiral josepit Servidio by Amazon chief teff Bezos Carnival Elation ship had dumped plastic overboard. Culls Ilue ADA Cruises. and Carnival Cruise Line of biaCkMAIL A similar internal email president Christine Duffy American Media, °filch Is from Carnival's Seattle- also attend the lune bear- basedsit was basJudge threatens Line mentiond America Ing, ed"Preve said if teas ewtaderiog a sale so R mold focus Imre Line mentioned "prevent on othaparts of Its basi- early findings" as a goal In JACK CHANNEL tansy 201$. N psm d trmiral's brand �h�pl to block Carnival � °� �atlon,metoreport brans, American d Ismis"pl eulae lrramda and lo: mordrota have to repot CEO Davis pecker Ise �. ma�anon-mnfnmddes" longtime Trump ally who Aaonift m c mad f l- in their quarterly and so- ts. Carnival ��d � p°rt�esabuat ships from mo Me toad that 1ptedCann aunt tf brwrdtea found that Carni_ asked the to the �fwtue president over the vat and its subsidiaries exclude faulty ship equip - years by paying hush money have repeatedly falsified mem ham the defhdtlon in a tabloid practice ealiod • records while on probahon of "major tnrrconform- cInAu txl.kihe docking at U S as 19, recently as September ley,- and lu Much that. 1' k lu August, the U.S. at- • • 2018, when a snood ems- declined to do Mu torney's office in Manhattan oar an HoBaftd America's Servidio, tioitand Amv- agreed not to peoserate • Westetdam slip taldfled tell Group's senior vise duingemuericano Media It ex. ports temporarily make it took records to president farwiry, emt- cbonge for tlhe ttanpany's melte k look like be had rontlental k management tx solation In its Investlga• cleaned and tested equip- serviced, emagod his (-in- 1. of campaign violations. ment when he had rot. et mlkagues at the Coast American Media carne Guard asking support for under fire more recently °Iso has bled to lobby (rte CorTc's taobatton and ILLEGAL DUMPING Carnival's definition, ae fmm Amazon founder Be- arTAYLOa oocvan U.S. Cosa Guard through punish the Company at a Dtuft zos for what he said were 'd0A'"°®,�,waa",re.�so. a back chanml to change hearing scheduled for ° °� sunk In cators. o federal prose - threats to publish pbolce of the turns of the settle- June. On Wednesday,Seitz to comfier 2018, according fI carom. Coag Guard per - him unless he stopped io A federut judge Wednes- inept, pri seculon allege, scolded the Mioant n aced to rid t e Car ton Elo r soneel a issue with TheServIdito vestigathhg how the tabloid day threatened to stop The found the wasparid esde mase the issue with Mc obtained prhnte exchanges Carnival Corporation from ry has In- char conglomerate's rArls ahtptard dnenpdd plasrla Ca nkare ai the coon. between Nm and his mu- dotting its ships at US. lo1Owledged these in- and press rat, D nald , vasawt � ffe p7gtic Otto I said $twin e tree ports temporarily ze pun- ci Inas and lde neither president, Donald �+t g separated attempt to d was t the - ASSOCIATED Mass isbment for possibly vlo- f a statement awned w r e pr item. of whom from the G" and plastic Ttdl Cas[ Guard was to get Intln probation but said bilovlMg Wednesday's were present. fora also fount Plastic c9adtlratlon about Me ' P hearing in front of US. "t'be people at the tap wasn't being separated definkcon, not to lobby. �—^--� ` ^^ - • she would make a decision District judge Patricia ate tseatinf tit° as a at a hearing scheduled for gnal," propertyanthe Sea Lein- Seca also cited concerns Tech companies June. ChStkCarnivalnu Corp's wool said, al i he mel cess ship In December that Cam(val's niton rile k G�tdw! fin been oa CNe[ Commwticttbna world give a8 Me [seta- 2017, the Ruby Prtrtcaas mop9arta nhadtor lead stocks Probation for the List two Officer Roger prizzell said, bens of Me executive coat- ship in February 2018, and doesn't have ermugh au- broadiy higher yeah as part of a $4D "Dfappears there "� Iuftee a vJuk ro cede dellen the Cyyvy Dream in Monty ro state are "3 - broadly settlement for scum mtaC112meterm°tions tion nedtcx roc a 60Hpte of August 2018. lemic change needed. Stocks dosed higher on ille'aRY dcall i� made by others to the days, tet amsabag how At Wednesday's beer "This company k very Wag Stmt on Wednesday the ally d wmtdpB from its Princess court. We Intend to ray that beipapooW come to Ingo Seitz mentioned a successful," said Seitz, u solid gains by tedanobW addreva the Issues raised fans ob sed ity," 45 -Minute presentation calling the 2017 $40 mlt- comparues betped the nrer- Cruise. skip for dgh[ at today's const wader- Belt: wee that the received as a guest Ilan settlement — Me Isr' ket recoup some of tb losses years And lying about the reque tram a day earlier, scheme to U.S. authorities. enco' Arlson, Donald and other aboard Carnival Corp.'& on In history — a drop in Snng-mmpaty stocks While on probation, x` re "Our responsibility enient pa attend the June Sltra-1 ant abort how da- the bucket.' a p $itself don abed oaf, b� the cording couCorp. and its filings, onrl cominues to be a top daps. mailing plastic straws ate tomer service. Well it Is retatest le the market Banks subsidiary endse lines Priority for the company. to the marine envlmn- also a ckbum of the world, also notclers,hed and airs, Utilities ry Our aspiration is to leave SHIRKING Inapt. fl makes its money using also niched gains llt®lirs haw sought to avoid u.h- aspk were the biggest laggard. vorable findings by prepay- the places we touch even AUTHORITIES "I war thkildi g to my, the waterways and it has a Investors appeared to Ing ships In advance of better than when we first The five-year probation self,'1'm hnpressed,' -she tespomslbility to be a role Welcome new insights from count -ordered audits, ralrt- arrived. TMa to only in the period that began in April sold. "Obviously they talk medeL Right now it Is a the Federal Reserve's last fled records, damynef best interest of our guests, 2017 requires a third party the talk, but they're not trbmind defendant and meeting of policymakers. plastic garbage baso He our company and the auditor to inspect ships walking the walk." this is not the first time The central bank released ocean and Wevally tits- oceans upon which we belonging to Camlvai and in addition, according m nor Is it tie second dme.' q......., A.,...,_ �.... .w..."w ..".,....a. run.. n ,rt " "".,w w."..."..... tit. —A —s I of t SIMMIQ z•TA PAA The Miami Herald, Wednesday, April 17, 2019, pages from 1 to I Page I of 2 TROPICAL LIFE I FOOD SPORTS c � c, , Here are some tips Dolphins starting on serving ham for w R QB Ryan Fitztnck: Easter dinner, and s `My best foot is u more recipes, tic - still ahead of mea m W ,>_ CCU CL vow ir. Nk hS FhCODOLON IM MlwuD WINWIt OF rf Pettit wwr v srAtcm+lEcrmrlwatfeuncor rmrrncawwuatdaetD I nalruavaes WEDNESDAY APRIL 172019 S2 41 v Cn ♦ ♦ AW 'r13°s�iu +-' E � o N M O N E O C � U � � C V) t_ O THE LEGISLATURE Lawmakers closer to passing ban on 'sanctuary cities' as SAPAANT14A f. GROSS ■ President Donald Trump's Issue with wetuary dues has became a key point for Republic as in Florida as twin proposals to ban the Idea secretary Sarah Sandets said on Fax Nm an Sunday that Trump The bilk — S8168 and HB S77 — are being heard in committee �,n�,.4,atAv.ldrew of sanctuary communIZ make their way to the chamber floors. has ilia ion to for the last tate work, and xr,ryr— a.—. snot look at the Seek another look al the plan. have garnered support from pp TALLOWR at E utive order and has now inter While the proposal to send Trump's Nance on Sanctuary SEE RAM, 4A So-called sanctuary cites have duced a new proposal to trans- Immigrants to c81es like San undocumented Immigrants Francisco and Chicago Inas been cites has also become a key Issue for Republicans in Florida, Q roe<aim been a target of President Don- port as cid Trump mince the startof his from the U3: Mendco border to rejected twin in the past six "sanctuary twin proposals to ban the jurts- Thr gW9e ■L newoe M.,,md tow prechimtey. He threatened to rites' across toe months over legal and logistical dtcriont In Florida take their the VOWGrew a IR VOW ghe aM!�aes Canterblock federal funding via exec- country. concerns, White Hoose press way to the chamfer floors. 4it ABANDONED HOSPITAL GONE IN SECONDS ,.- Above. the skeleton of the South Shore Hospital during is destruction at the corner of Sixth Street and Alton Road in Miami Reach on Tuesday. At right, the bu&Mi% which was long used as a 0ermtric favi ty, was prepped for demolition Developers plan to build a public park, a residential tower and retail space on Ill. site. Story, 2A *See video of the demolition at A11amiHerold.eom CRUISE LINES I THE COURTS Carnival broke environmental laws while on probation 1■Apreviouslyeontidentlsimportshows, that Carnival ' Corporation repeatedly broke the few while on probation for a 2016 federal coovktion, althmgh the i company has substantially complied' whit the requltements of probation. Cruise ships illegally I dumped more than 500.000 gallons of treated sewage. . Rt TATLOR DOLVENton that led U.S. District r AnOcAtrUmomo" fudge Patricia Seitz w pu- yNR,�;�„ta,ry,na, Wish a previously coMden- ryv,, tial report last week. M the 205 -page report, to man - In the year after Cam[ral itur overseeing Carnival i Corp.'s environments) Conporaton was convicted compliance orn Dance flagged more of sysrematcally dumping than 900 Incidents from oily waste Into One Oman and lying about it to reg- April 2017 to April 2018. ulators, Its slips WegaByThe Mianri I lerald re - discharged more Oran a viewed each Incident and balFraWlon gatroas of round that 24 scam sur traaledsewage, gray ureter, ikgaty &Anom -WWI �. Oil and Feud verstq end food waste or A it were i Earned Kenn Pori Or in WT megay htYld� It", ports std watenetwe to kd all in,snleded meas; chums around tic world, and asoma Bran 150 stere accerdlag to a cane ap• tie rexa t or reAR oke pointed monitor. furniture accidentally going The rakdings are part of a ted- Carnival Corp, ' pattern of illegal behavior reported the violations to during Carnival Corp.'s first of five yens on probe- SEE REPORT, 24 FORMER U.S. REP. DAViD RIVERA OF MiAMi 'PERVERSION OF JUSTICE' NATION Miami's political escape New Jeffrey Epstein accuser LAWSUITS AGAINST �arfict rnn't ch�elrn tin fnAc' �tt .a CONFISCATED CUBAN httn-,-Hdiaital nlivPcnftwnre. rnm/Olivt-/0T)N/MiamiNPralrl/PrintPaaPc acnx9r1nr=TMT4no 5/14/1014 The Miami Herald, Wednesday, April 17, 2019, pages from 3 to 3 Page 1 of 2 2A Front the front page Ailing Wmh ("aIDNESMWawl�t11W FAD<u PAU to REPORT authorities directly or noted them In their In- ternalmads. None of the violations was Intentional, according to the report. Subsequent covet filings show Carnival Corp. has continued to violate environmental laws in its second year on probation. The monitor's written report applauded the com- pany's cooperativeness on bond and ashore, and noted the company had corrected conditions that ted to the original charges. "rhe Company expended considerable efforts to meet the 1probalionary) Year One requirements, and has sutntantiady com- plied with them," the re - Pan states. " Numerous mdlviduals...have exh'hired a strong commitment to creating a sustainable cul- ture of environmental compliance." The report also praised the company's tramingbutlad-es. But the report alto called Carnival Corp.'s Internal investigations "critically flawed' and said the com- pany has not given coca& authority to Chris Donald, Its court -mandated corpo- rate compliance manager. Donald told the Herald he has the authority and the confidence of Carnival Corp.'s executives. (Mough he and company's chlef executive have the same runame, they are not related.) Carnival Corp. CEO Amour Donald said Tues- day that the company will do what It takes to enssar it meets all expectations of Its crobation and stove to be bear In class an envi- ronmental compliance." .Our environmental responsibility has been and remains a top priority for the company," he said. "Our aspiration Is to leave the places we touch even better that[ when we fust arrived. This is in the best Interest of our guests, our company and the ocean upon which we travel. We look forward to darifying any issues and demonstra- ting our commitment.' HUNDREDS OF VIOLATIONS hr iO16, Miami-I+ased Carnival Corp, the targesd cruise tompary'tn the world said awnerof nine cruise brands, pleaded guilty to seven felony charges in relation to Its eight-yeat-long "compir acy' of illegal all dumping and subsequent covet up on five of its Princess Cruise 11ne ships -Carnival Corp. agreed ba$40 million fine — dte largest - ever criolml penalty In- volving deiiberale vessel Pollution -- and five years of probation. hi tiscsl year 20IB�t3re emnp�y repotted a profit Judge Seim appointed Steven Solow, a partner at a Washington D.C. law firm, to hisped Carnival Corp. during probation. in June 2015, Solow sub- mitted his first annual report to the court basad on ship bupections, com- pany records, Interviews with employees sort third Party audits. That mpon remained confidential until Seitz published it last week "so the pubHccat we what this criminal defendant Is doing," she said. Seitz is considering mak- ing Solow's reports from the second year of peoba. don public as well. The Munni Herald has filed a motion in the case requ,st- ing that [brie reports rte released. A Miami Herald analysis of the report covering April 19, 2017 through April 18, 2015 provides a never - before -seen look at Carni- val Corp.'s operations. The cotta -appointed monitor found that Carnival Corp: e Discharged more than SOD,000 gallons of treated sewage, almost all of which was dumped In Bahamian waters, and 12 gallons of oil, most of which was fuel from lifeboats. The actions were in violation of In- ternational and domestic laws, which do not allow dumping in pods or in waters dose to land. The most recent EPA survey of cruise ship sew- age In 2004 found that cruise ships generate an average or 21,000 gallons of sewage each day. Carni- val Corp. operates 105 ships worldwide. The itie- gatiy dumped se-ge rep- resents leas this one per- cent of the sewage generat- ed by Carnival Cap.'s fleet annually. s Released more than 11,000 gallons of food waste and taw downs of physical objects drop Into pods and waters close to shore in violation of in- ternational and domestic laws. Among the Items that accidentally went over- board were fire chain, 41 cushbns and pillows and 10 tables, most of them thrown by passengers. It is illegal to throw garbage overboard anywhere In the ocean under Intemational law. Food waste can be discharged three miles off land In some ams, 12 miles off land N others. e Burned unfiltered heavy fuel off 19 times in protected aro for a total of 44 hours, In violation of international law, includ- ing 24 hours N a protected area off the coast of the North America. Carnival Corp. gives Itself a six hour window to Switch to ■ cleaner fuel while In pro- tected areas. in only three incidents did slips bum heavy DUN oil for more than six hours: in Alaska, Iceland and an unspecified part of North America's waters. e Falsified 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 Hsu. In 1998, Holland Artier. iso Line, a subsidiary of Carnival Corp, pleaded guilty to illegally dumping oil. The company paid a $2 mWion Me and was on probation for five years. "We call you high-dsk defendants when you have this number of twat of- fenses,' Seitz said to Car- nhal Corp's lawyers last week "The deftndam is a criminal. It is a recidivist criminal." Carnival Corp, is not door other cruise Imes have been convicted of similar Mmes In the past. In 1999. Royal Carib,- bean adabean CaWaes Ltd. paid a $9 million fine atter 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 Lire Holdings pleaded guilty to falsifying records to cover up oil dumps and paid a $l md- Bon fine. Although Carnival Corp.'s convictions are not unique, the company's pattern of repeated vio- lations, even when It is wider a microscope, show how difficult It 4 for su- thorldes to Mid cruise companies accountable. It also shows the dRDculty, of SUM compliance across 105 ships, mote than 120,000 employees, mil- lions of guests and dozens of countries. A bandfal 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 varte- ty of substances — inodad- logheated sewage, food ware and untreated water from the kitchen and bath- rooms — Into the Greater Farallones National Marine Sanctuary near San Fran- cisco. The waters are a nationally slgnlficard ma- rine ecosystem and are hom to many threatened and endangered species. From May to September 2016, Princess Cruise Line's Grand Princess ship dumped waste streams" into the expand- ed boundaries of the sanc- tuary. This was discovered in December 2016—tittle more than two weeks be- fore Carnival Corp.'s con. viction for lyblg 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-presavized, killing a crew member who was standing nearby. The cylin- der was badly corroded at the dim 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 any nega- tive findings on us ships by sending operations person. net to the situps to Prepare in advance. lodge Seitz ordered Carnival Corp. to atop the practice In Decem- ber 2017, and the company said it stopped at that time. WHILE ON PRORATION The probation monitor Logged nine than 800 Incidents scross at least 80 Carnival Cary. vessel. While the company did not repeat any or the Same illegal behavior that led to the 2016 conviction, new viobtions abounded. In June 2017, the P8:O Azure ship burned heavy fuel ori for 16 bouts while traveling through Iceland's Environmental Protection Zone. The heavy fuel os. that Sipe we is high in sulfur. Iceland is among many countries [bat re- quire ships to filter heavy fuel oil emissions or switch to low-mifiufitet near its shares. Sulfur in exhaust ham cargo and cndae amps is latticed to 400,000 pre. mature deaths from tung cancer and csrdaovasrnlar disease and 14 million childhood asthma cases annually. in March 2018, while the Carnival Imagination ship was docked in Ensenada, Mexico, It discharged 26 gallons at treated sewage The Baharnaswas the country most affected by Carnival CarP.'s violations, mostly related to sewage and food waste. In ane July 2017 instance, the Carnival Pride Ship dumped IS Pounds of food warn Into Half Moon Cay, the com- pany's private Island used as a be for crulw pas - $cotters. Fourteen violations oc- curred In Florida pons or air of the Sunshine grate's shares. In one instance bt October 2017, the carnival Paradise ship burned heavy fuel ail unfiltered for 40 minutes while in pod in Tampa. In March 2018 while at port in Iackson- vdle, a pallet broke and it piasdc container with 30 pounds of egg yolks fell overboard. The repent also high- lights more pervasive is- sues, rich as broken equip- ment, leaked refrigerant gas, missing records and socidentatly striking ma- rine life. In August 2017, the Grand Princess cruise ship arrived at the port in Ketchikan, Alaska, with a dead humpback whale on Us how. The incident re- port noted that Carnival Corp. ships have a history of striking whales in Alas- kan waters. Alaska is the U.S. state with the most stringent environmental taws to protect its fragile ecwystemn. "We're os. a jaumey, It's a Lang Journey, Corporate Coanp0ance Manager Chris Donald said. "We've learned a Dot, and we do aspire to be the bed. it's our duty to protect the ocean we tag on and the tarot that we touch." Earlier this year, the probation officer N Cond- val Cap.'s criminal case recommended that Seitz revoke probation and Sanc- tia, the cornFany again, citing Solow a $1111-confl- dentist reports that show Carnival Corp. continued to violate laws fn the sec - end year of probation as well. At a hearing last week, Setts scalded Carnival Corp.'s chairman, Micky Ariso , and president Don- aid omaid — neither of wMxn were present— and said She regretted not hent able to send the executives to Jas Seitz will decide whether Carnival Corp.'s behavior merits a probation vio- lation at a hearing In Jute and requested that Adson Std Donald be there to answer her questions. She threatened to temporarily block the compaay from dooidng any of Its 105 cruise ships at U.S. Ports., saying she would decide after the Amo hearing. 7tpiez Dohten: 305-376-2052, @4ydatven Caidbi Oaro. 305-376-4410, wartraN PAGE 1A a's likely challenger In the was confident that the disclose the campaign RI VERA poeral ekedurt. Federal ordeal was over since lie contributor of the lo -k ad authorities Say Riven believed that the FEC SWAM, not the doctor. hoped to weaken Demo- would be unable to amend Rale sold It was Starnad's crat Joe Ganda, who even- Its complaint due to the responsibility to reveal In U � W 7 � CL 0 N s C C O U N L_ httnz-Hrliaitnl nliveQoftwnrP. rnm/nlivP/C T)N/MinmiUPraltl/PrintPaaPc acnx9flnr.=TMT4/`)A vi4nmo The Miami Herald, Friday, April 26, 2019, pages from 26 to 26 ff"Y APRs X tom aklaitt[tA1Dl�Dll I Miami %MD WHOOr101VMiAa1NIMt0 TWIM(D,UWAWXtaMO Page I of 2 25A la Poor earnings reports drag down stocks US. stock Indexes an- ishedmos0yktwerTh ra- day as disappointing earn - Ings reports from several industrial sector mmps- mes weighed on the mar- ket, offsetting d7sxhg re- nntta from Fateboolc, Mi- crosoft and others. 3M, which makes Post -It rotes and many other products, plunged 12.9 pemnd In heavy -ding after announcing weak results and a restructuring program it was the bit gee loss far the converts 911ee Ilse market crash 0( October 1987. The loss Inc 3M pulled the Dow Jones Industrial Average into the ted. The SSCP 500 finished slightly lower, holding dose to the record high it set on Tues- day. Facabook and Micro, soft both rase after re - Parting SUMV emnhigs. That helped the Nasdaq eke out a small gain. Thr Indexes,... Mlsh gave the benchmark S&P 500 index its second modest Ions In as marry days. the market remains on track for solid gains this month. The S&P 500 slipped 1.08 points, or less (ban 0.1 percent, to 4926.17. The Dow Junes Industrial average lost 134.97 points, or 05 percent, to 26,462.08. Without the less from 3M, the Dow would have been 58 points hither. The Nasdaq composite rose 16.67 point, or 0.2 j percent, to 8,118.68. Whotaalegasnitra inched 02 percent higher to $2.13 per piton. Gold was little chaff at $1,27970 per once, obw inched 0.2 percent lower to $1428 per ounce. The dollar fell to 111.62 Japanese yen from 11235 yen tate Wednesday. The euro weakened to $1.1125 from $1.1143. — 43WJATLO Pats DIVIDENDS ppr, armed Int hints ,tie .cone AearrMl' W 4 'A SLI $its fra19AM www A AA 5145-,1 MW crew Pur 441315.75-13 r PiJ.af rsriinrahtea Hor Iaeoa.a tw Apra IOL ts .-,Sore ser 7 s k form none WKtawee W f7L nKKAird Man 4 .sea 6+6-19 eaaasrmeeev .Ae 5-3§17 ciaeymex Wass 7l 5-16-1. rl IIU10M.1% .01 646-2t 4. jam .aMeon ri S_Nf 11 sr+eska7ma Pn �r.ws sr ors aewmcns4 8ga 3.xo 5-1 Peaap4elfi�Am 0 .,713 Wap tMr.are .76-3 . AA AlueraW� The Bahamas was the country most affected by Cm" tap's viola cam mostly related tosewsge and food wattle. In one July 209 Wan", the Carnival Pride ship dumped 15 pounds of food waste Into (tag Moon Cat's the compatgh private island used as a bomb for mise paserem Bahamas is investigating accusation Carnival dumped treated sewage Fn a ctn rb of iry ova, require ships to dump their sewage 12 miles off land. The Bahamas Is cc prized 0(700 Wards, and therefore created a protect - ad zone around all of them. Carnival's treated sewage discharges happened while Its, dips were Inside that some, but at times more than 12 miles offshore. 'We have Instttated additional training, over- sight and tools for our ship personnel to aid them in properly diagnosing and navigating archipelago zones and boundaries," FrtaeB said In a statement. 'We realize any infraction Is one too many. The envl- moment and sud"bWty, has been and remains a top priority for the company.' U.S. District Jaffe Paid- cla Seitz released the ptcvi- oudy confldendal reftwr, which highlighted Inci- dents between April 2017 and April 2019, *so the public can we what this criminal defendant Is do - Ing,' she said. Seitz B can- dderisg making the man- 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, she monger nagged more than 800 incidents an Cartrol Corp. -operated ships globally. The Miami Herald reviewed each 0( those, ffmdbig 19 were for illegally burning heavy fuel oil in protected areas and more than 150 were the result of gems Wr furnt- tme accidentally gig overboard Othar violations Included incorrect lugs, udasIng records and bro- ken machinery puts. Seitz will tied& whether Carnival Corp.'s behavior merits a probation vio- lation at a hearing in June, The company, has had two prior convictions for the same crimes before 2016's —our In 1998 and another In 2002. Seitz CAM the attlte company `s recidi- vist edmkhd" st a fearing earlier this monlh Seitz has requested that both We company's chair- man and president be at the next hearing to mI wer her questions. She threit. ened to temporarily block the computy from docking any of is 105 mdse ships at U.S- Pmts, saying she would decide after the Jute r.e.i-ii, Carnia Gmreg.. 305-376-4430, emmrti f 305-376.2052, @WdaNm with itsterla, only war+fg Y � L U U ; W U QCC o E N c a; •— M N O It' a'1-. W- In vE -0 O O U r to C O httnc•//rfanttal C,/1 A /)Al 0 Carnival Corp. reported environmental crimes it val Carp. to eotWmt an By CMTUN OeTROPF all Incidents to Bahamian was convicted of In 2016. Investigation Into the atie- ANO TATLORDOMM f°O.m.w' omk. °'" authorities and said the None of the ships that Radom raised in the report, Idoi"1 o—h—W.— discharges were the mauh dumped treated sewage In according to the Nassau of human error and not Bahamian waters are eeg[s• Guardian. The Bahamian govern- intentional. tered with the Bahamas, 'CaNad has aheady ment announced it will "We take these Issues but many Carnival Cntp. been made with Carnival, Investigate Carnival wry seriously and we are ships are registered there, who Is cooperating fully Corp.'s discharge of nearly vigorously addressing giving the country author- with The Bahamas and has halt a million gallons of them," sold Boger Frizzell, Ity over Carnival Corp. pledged ILII transparency treated sewage into Its a spokesman for Carnival acdvkie& in the Investigation Into the waters, following a repos Corp. The Bahamas' Minister circumstances of this mat - released by a U.S. judge Catnivat's probation of Transport and uncal ter,' Welk: said In the earlier this month. stems ham a 2016 rAty Government Renward statement. Any recotmnen- In the repost, an Inde- plea to acvco felony chagg- Wdla said that die govern- dations to ensure such pendent court-appointed as in relation to is eight- meM wiBmdertake a dumping does not happen rnonitar overseeing Cami- year-Iong "conspiracy" of "comprehentive" review again will be implemented val Corp.'s environmental Wept oil dumping and Into the 'disturbing" re- following the investigation, compBamce Bagged 13 subsequent cover-up on pat, the Nassau Guardian the statement said. Incidents In which Carnival five of its Princess Cruise reported Wednesday. Frizzell said the compa- Wegally dumped the treat- Una ships. Miami4xised As the port and coastal ny is looking forward to ed sewage in the Bahamian Carnival Corp„ the largest state In which the vlo- meeting with Bahamians waters during the cruise erul company to the ladont may bus occurred, officials and claimed the company's first year of world and owner 0( nine The Bahamas will bwesti- drooping had no negative probation, in violation of cruise brands, paid a $40 gale and lake measures as impact to marine lite or Bahamian and intemadon- million fine. In fiscal year appropriate,' Wells gold In peopft. al hies. Most of the dumps 2018, the company report- ■ statement. btftu&* ml Inv alim occurred during a two- ed a profit of $3.2 billion. The government has trelseAdp to discharge week stretch In June 2017 Doming Its first year on asked the Port Department treated sewage three miles — all on Carnival Cruise probation, Carnival did rot and the Bahamas Maritime from land. But some coun- Llne ships, repeat any of the wore Authority to contact Carni- tyke; Including the Baha - Fn a ctn rb of iry ova, require ships to dump their sewage 12 miles off land. The Bahamas Is cc prized 0(700 Wards, and therefore created a protect - ad zone around all of them. Carnival's treated sewage discharges happened while Its, dips were Inside that some, but at times more than 12 miles offshore. 'We have Instttated additional training, over- sight and tools for our ship personnel to aid them in properly diagnosing and navigating archipelago zones and boundaries," FrtaeB said In a statement. 'We realize any infraction Is one too many. The envl- moment and sud"bWty, has been and remains a top priority for the company.' U.S. District Jaffe Paid- cla Seitz released the ptcvi- oudy confldendal reftwr, which highlighted Inci- dents between April 2017 and April 2019, *so the public can we what this criminal defendant Is do - Ing,' she said. Seitz B can- dderisg making the man- 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, she monger nagged more than 800 incidents an Cartrol Corp. -operated ships globally. The Miami Herald reviewed each 0( those, ffmdbig 19 were for illegally burning heavy fuel oil in protected areas and more than 150 were the result of gems Wr furnt- tme accidentally gig overboard Othar violations Included incorrect lugs, udasIng records and bro- ken machinery puts. Seitz will tied& whether Carnival Corp.'s behavior merits a probation vio- lation at a hearing in June, The company, has had two prior convictions for the same crimes before 2016's —our In 1998 and another In 2002. Seitz CAM the attlte company `s recidi- vist edmkhd" st a fearing earlier this monlh Seitz has requested that both We company's chair- man and president be at the next hearing to mI wer her questions. She threit. ened to temporarily block the computy from docking any of is 105 mdse ships at U.S- Pmts, saying she would decide after the Jute r.e.i-ii, Carnia Gmreg.. 305-376-4430, emmrti f 305-376.2052, @WdaNm with itsterla, only war+fg Y � L U U ; W U QCC o E N c a; •— M N O It' a'1-. W- In vE -0 O O U r to C O httnc•//rfanttal C,/1 A /)Al 0 Submitted into the public record for item(s) RE.14 Draft on 05/2312019 City Clerk RE -8 — May 9, 2019 Miami City Commission Meeting Chair Russell: Are we ready to take up RE.B? 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 Fussell: Thank Vu, Ms.Mndez: RE. 14 was the filling, flie actual filling of the FEC (Florida East Coast) slip. Commissioner l lai•demon: Tliat 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 eetiftised me, bw it's done. I thought we were talking about RE. 8. Chair Russell: We are now. Ms. Mendez: Yes, REX Chair Russell: And sc , thea was an issue of conflict that was being dealt with. Ms. Mendez: It's d ern3Mcd, and we're Fine. Chair dui,,ell- Yc-,u"Mgood? 'Okay. Ms. Mendez: Yes. Thank vau. Chair Russell: So 1,E.8, 1 did send an email to the City Attorney on how I'd like to handle this. Obviously, it's 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. g, Chair Russell: Yes. And what are the criteria undech you would like us -- you would prefer to decide based on --? You had ned three criteria, if I'm not mistaken, that you were most interested in seeing an licant hold. Ms. M6ndez: Right. So we looked at experience, local presehb,;jeputation, and if there are any potential conflicts with the City with regard to just matters in general, and based on that, that was tkc «gain criteria, looking at everyone Chair Russell: Got it. And bek0rc, you had originally brought to us a recommendation. Do voti have a reconimcndtt ion amongst these 16 based on those criteria? i Ms. N-I&idez: Baw that, l &n2rr%owch d v n to about three, and those are Hunton, Fowlcr, and Shutts and Bowen, in no pailictilar order, but they're all qualified to handle tlik rnatter. G Commissioner Carvllu.- Are thou all here, all these three? MW Commissioner Reyes: I -- Chair Russell: Commissioner Reyes. Jaj/S22 3 May 9, 2019 Draft Submitted into the public record for item(si 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 do business in Cuba, because it is quoted in the State Statute -- says like -- Jt ' ds like :that, and it's quoted in our statute. And if we -- if is it quoted, it has"", be enforced q ` A: that; because ie'brought up the Chair Russell: I have a clarification uesan ons State Statute, a resolution that lis been passed in 'City, but alsogiving advice to -- does giving advice to those vc�ho`dcr bZTEast,be s n�a qualify under the statute or the resolution, or is that separate , wou a separate direction of this board? Ms. Mendez: So based on we placed in the RFLP, (I violation of the Floridan S With that said, all these la to do things in Cuba is not Commissioner Rep',07 Let me -- ctive I22ers was very clear by Commissioner Reyes, ro %r Lof Interest) that there should be no �t and"to Cuba and interactions with Cuba. resp . And just because you advise on how in of the FFlorida Statutes. 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 gingto be sued. And anybody that does business -- as a matter of fact, some of t�exu have to travel to Cuba and mingle, and basically, what you're doing is you're fielptn.the government. You see? And I am adamant about that, because the --that same gave ent, although it has been losing by -- was losing by other -- Mous presidents, b� that government still persecuting, still killing, still torturing, astill imprisoning Cubns:. You see? I do remember, and I remember, and I supported it, perpent. When the.-- that -- when South Africa, you see, was -- 1 mean. people thdydid business with -South Africa, even they were ostracized, and go�� crnmc.nt -- and`ct znpanies that did business with South Africa, I mean, they were PUni�hed. Vice Chair Gort: (UN INTE LLK i113LI) do bbl iness (UNINTELLIGIBLE). Commissioner Reyes- And another thing, even if you were a performer, and you went and yoLi sang in South Africa or you perform in South Africa, there were consequences, you see, and I think righ(ly so, because they were persecuting the people, you sec. Chair Russell: Sun C:it.r. 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/S22 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, Cor Vice Chair Gort: This is people tfiat 1 looked at that Fm PLIttiztg on my list. Commissioner Rc{ cs: Yes. Which one'are Ricin' NWON410O.- 1% Vice Chair Gort: Becker Poliakorr. Bryan ,+l allcr- Oliver, Fowler White Burnett, Ana Maria Pando, Shutts and fro. en, ail t3 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 1i May 9, 2019 i I i i Draft Submitted into the public record for items) 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 Cuba, 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 I Or doin his or her job. Commissioner Reyes: I'm not pet-secuti ,01NI TELLI 113IrE . Commissioner Hardemon: Arid -- no. So I look at it like -- and ma-Ybc that's too strong of a word. Maybe that is too strong of a ,.vord. 1% Chair Russell: Fxcluditi�T. "X1%6k Commissioner Hardemon- But worry is that *. Chair Russell: Excludiri Commissioner Harderrnou: 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 somcihing 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 item(s) 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 hang organizations that -- I'm not saying do business with Cuba, but that have repre. 01�1,n d people that may have gone into Cuba -- I don't know how business is co > u Cuba. I've never been to Cuba. I've only seen pictures. And -- but when you loo-atyou know, organizations -- for instance, one that stands out - buse there's a lbt information on here about Cuba -- is Shutts and Bowen, vie, you know, they've --- on this sheet of paper that we've been given as a cheat sheet hrough our counsel, 4t.'s about -- done 15 sort of stadium transactions We know this.Js one bf the oldest firms in the State a r > of Florida, and they have a presence' And so, howAs,it that we should consider them as compared to the others that also ha# significarit'experience? You know, I -- when it comes to a list..--. a lot of people applied. There' very short list, and then an even shorter list, �t appears to be d the queafp is; siould organizations like Shutts and Bower be elim nested from This =dist because they've advised people on some very complicated matte s,? Becaus ,that's how I take it. If anything, if you've been negotiating with `an or anizaban that's. going to a place like Cuba, I would imagin�that i wil be an ��tremely co " heated thing to do. I don't think anyone who dust pilick's up their portfoli© 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 releyant in the sense that these are attorneys, or a team of attorneys, that could offer us advice that weeouldn'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/S22 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 tty don't listen. Things have been losing, you see. People go and come back, a 1 of that. And now it is cheap to go to Havana and ride one of those convert'.'moke 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 p� le' have been ging business in here and all of that, that doesn't make it right, an" are still violating e statute, and that's the only thing that I'm saying. They're stip violating statuteThere is no need to violate that statute. Either we, to the - State�� we get rid of it, okay, but the 21 statute is there. Commissioner Hardemom You see.'an if -- there's no attorney that's going to -= his bar license amt's guing to give ad Statute. "s myipugfi€`about it. My question is, phrase. ere's no attorney that values that's going to be violative of a State C'c:+nimissioner Reyes: Because it hasn't been enforced. It hasn't been enforced. That's the problem. That's what I'm telling you, you see. What good is a law if it is not enforced"} It is just like if non-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 bcsi land -- I mean, the land deal, and something that we don't have it mentitmed. We have a pollution, an environmental problem, which is more iniportan t 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? Commissioner Reyes: And that is my tale, So I'm -- I don't have any preference here. The only thing that I want is, if they don't charge much, and they know what you're doing, and they haven't done bus1ness with Cuba. That's it. Chair Russell: Thank you. C:ommissicncr- Reyes. I want to -- I don't know if ask or just try to help learn and understand,. becattse every Commissioner here brings their own Lieexpenenco,w;nd we can all learn ftoni that. Commissioner'Reves: Absolutely. Chair Russell: I'm krc�.cf'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 ware not that liked here, but I could never, could never (Alplicate, or know the pain and experience that Commissioner Hardemon has. Chair Russell: Understood. Bu�jfi me;ask a question. Commissioner Chair Russell I want to `see ;if ..I'm understanding correctly, because what mmiss�orifI r Coer demon is Qncerned R,` lout - and we -- none of us certainly want 0",', to dispage any attortys or [��trying to do business with the City, and certainly, we don't"want to draw any lines m the sand that exclude 90 percent of whoever's doing a certain type of advice, But ih understand correctly -- and you may actually, through this posa_ip chane a lot of people's minds on how they advise companies or do business if `fh . see t the elected body takes a position like this. But if I understand correctly wicat 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. 1aj/522 11 May 9, 2019 Draft Chair Russell: -- and there's a way to make a buck on that. Submitted into the public record `or item(s)'RE.14 on 05/23/2019 City Clerk 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 - 4e - Commissioner Reyes:upporting. the gqvcmment. Chair Russell: Exactly. And so, Ict nic try to bring us down the road a little bit so we can maybe get to a %elec;tion lucre baled on that, plus everything else that's pertinent to the deal itself, specific -ally, because I don't believe that we here are a selection committees per se. We haven't created a scoring system. C onirnissioner Reyes: Nope_ 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 pkirvI 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 Attorney'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 :aso a political decision. So our residents have to feel secure that we fought fo hCity to get the best possible deal out of this, and that can only happen if th.kl XIattorneys, working with the Administration and our lawyers, lock step'VIr Manager, do you have a recommendation amongst the three or amongt the entireeIst based on where you'd like to see this negotiation go? 1.,. Emilio T. Gonzalez (City M you pointed out, this is her continue with the recommej that they do not do busiapss, not violating any.,.9t Sfiate or C excellent. I will be`��appy to more than me. I just,4for..th, firm. 3 Sir, I've had cussions with the'attorney. As For the s elf consistency, I would like to rules or fk with -e of c, Chair Rilisscll: That's the Hunton Mr. Gonzalez: Yc-,,, sig. brought bHore. We've been reassured ,ity Attorney has assured me that they're ate: TheIhree firms that she ranked are one of the She has to work with them tency, would like to stay with the same Kurth? Chair Russell: And they do not have a Cuba advisory -- Commissioner Reyes: Yes, they do. Jaj/S22 13 May 9, 2019 Submitted into the public record for item(s) Rr.14 Draft on _ 05/23/2019 City Clerk Commissioner Hardemon: Well -- Commissioner Reyes: Yes, they do. Yes, they do. They -- Chair Russell: That's why I'd like to defer to -- Commissioner Reyes: That's the one that had thffliaff,)'",,,and g page (UNINTELLIGIBLE), and I know that it's great interest on the A -- to get that company with INTELLIGIBLE picked without an vetting 'cif anybody else but the (UNINTELLIGIBLE) P g , Administration. I will -- definitely will not vote for them,;ley which ones are the ones that you recommended, Madam City Attorney, so I will ffi �a -- I'm going to make a -- Ms. Mendez: In no particular order. 1~o is WIWO. FILMI-on Andrews Kurth, and Shutts and Bowen. 40K A Commissioner Roves. I -- in (UNINTELLIGIBLE). I'm going to go --I'm going to make a motion to pick Fowler White. and Bumett. Corruiiissioner Carollo: i second that motion. Chair Russell: There's a niod o ii and a second to select Fowler White and Burnett. Open the floor for discussion, and any questions any Commissioners may have for either the Adniiiiktratioo -- 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? 1aj/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 arnendment 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 parincrs and principals. i would like to know who will be participating in the -- from the firm. Who's goirig to be representing? Ms. Mendez: Froin the actual firm or from the --?'!I*t Vice Chair Gort: From whatdver °t we sigict. -- —*- �Ik- '44�O Chair Mussell: But we have a motion and a second on a specific firm. So if they'd like to address the body, they're very w0come 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. 1aj/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 that. Everyone that 1 stated, except myself, because I do sit on a board here in the City uf'Miami, so I'm E1rechided from working on it directly. Chair Russell: So you would re n ln L)n Hie board, Lout-yoti would not work on this Mr. Milian: Cor -reel.. 1 would not work on ttic actual project. Ms. Wndez: Unless yoti wanted to wive that, but -- Comrnissiornenolio: N Mr. Milian: 'That's fins:_ 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 Mr. Milian: The Vice Chair. submitted into the public record for items) RE.14 on 05 ?3/2019 City Clerk 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 -- 40( Chair Russell: I guess I should ask the4e 4L & Ms. Mendez: Right. So my underst,,inding is anymic: that has come to speak here today that was not asked to sp :ak -- iia hC -- because il'N-()11 ask questions, they don't have to register as a Lobbyist, Commissioner lZtves Ms. Mendez: If their came to give a limsemation, then they need to register. My understanding- is that everybody that spoke here today has registered. Chair Russell: Well. if flw 've called us or emailed us, if they've lobbied in anyway, they must have rtgktered 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/522 17 May 9, 2019 Draft Ms. Mendez: Right. Submitted into the public record for item(s) RE.14 on _05/23/2019 City Clerk Chair Russell: -- that we're following all the (UNINTELLIGIBLE). Mr. Milian: And I could assure you, we've all registered. Commissioner Reyes: Mr. Ch Chair Russell: Yes, Commissi Commissioner Reyes: What's Mr. Milian: Daniel NJ I ] ian. *4 Commissioner Rc acs: Daniel 11 llian. Daniel, are you --you are on which board? Mr. Nfiliati: The P12flnino-&cuing BM N, N Commissioner Reyes- Are you willing to resign if it is? N - Ms. Mendez: It -*0 - Commissioner Reyes: Or doesn't (UNINTELLIGIBLE) Ms. Mendez: -- that doesn't -- 1aj/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 - AO - Commissioner Reyes: Okay. You're not goi g to be %vorkino in -- Mr. Milian: Correct. Not directly. Corre & two Commissioner Re, Mr. Milian: ('orrc Commissioner Hardenion: OkLiy. But tjtc cluestio�rl I have is like, so is he able to shield Co pini elf that wav? av for irlst7nce. i! -I won -- Ms. M&ndez: We're hiring the firm; we're not hiring him. Commissioner Ilaid anon. 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/S22 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 iiow, I'm still -- I'm serving. Ms. Mendez: Right. Commissioner Hardemon: And lic's.serving. Ms. Mendez: Righf.Aw- C(irmnissioner Hardemon: Ms. N4 ndez: So he can't do ii riow or for two years. Commissioner Hardcmon: l igiat., but the question is, if I'm serving in my firm, ABC, Inc., or ABC, LLC, or Axl- atcver 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? Jai/S22 20 May 9, 2019 Submitted into the public record for items) RE.14 Draft on OS/23/2019 City Clerk Ms. Mendez: Right. As you've described it with you, no. Commissioner Hardemon: So what's the difference between him? Ms. Mendez: It's because -- it's -- you're a Co=issiopet-, and they're -- Commissioner Hardemon: He's a -- but h's J Planning & Zoning Appeals Board member. Ms. Mendez: Right, but he -- Commissioner Hardemon: Very important board, b e way. Probably one of the singularly most Important boards that 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 ow, I'm j"t trying to understand -- Ms. Mendez: Righ Commissioncr Hardemon: -- the i:uriI1g of that sort of conflict. Ms. Mendez: And if tvc Wart -- 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 items) RE.14 on 0512 "2! 019 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 1 Cnecessary 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 Ha is that, you know, you know, tf they, And no, -:one's ever at mostaked yot Mr. Milian: R2 my entire life, and I mean, that's the point. The point that I'm making -e asked not to make a living in the City of Miami, jime.-,or they're significantly involved or tied to me. to havewa_ 1 i \! ino in the City of Miami. They've, I mean, I've lived in the City of Miami 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/S22 22 May 9, 2019 Draft Submitted into the public record for item(s) R_ E.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 fair, if you are on aboard,, this contract is going to come to the board. You: ve? If it happens, you see, and you being part of the firm that is represented and a board mt nihcr at the same time, I think that you either have to resign or rtcusc yourself. N, Al Mr. Milian: Right. I would obviously recuse myself for -- Commissioner Reyes: No, or resinn. Mr. Milian: --or resign, if that's -- Comnissioner Reyes: I think — which one, Madam City Attorney, will not represent [sic] a conflict? Mr. Milian: I'll k just for the record then, I'll go ahead and resign my position, then, if that's (UNINTELLIG[BLE)_ 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 Mr. Milian: Well, you know, I had talked to -- Submitted into the public record for items) RE.14 on 05/23/2019 , City Clerk 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--Ilai« that again; you caught my attention. Commissioner Hardemon: Was it the `°Francis" part? Commissioner Reyes: Oh, you -- A -- Commissioner Carollo: No, ino. no, no. You -- Commissioner Hardenion: Maybc I sbouldn't use "Francis." Commissioner Carollo: You caught -- Commissioner I 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 Submitted into the public record for items) RE.14 Draft 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. I� Chair Russell: Commissioner Carollo, you hx c a question. Commissioner Carollo: I w wii w f6 % this so thai I could do right by this young man here. >O%: I Commissioner Hardemon- All ri{'JIL SO — MW Chair Rtissell- Rc:staic the exaniplc. pleaase. Cornmission-6e I� arolls : C 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 Commissioner Hardemon: Okay, okay. Submitted into the public record for items) RE.14 on 05/23/2019 City Clerk Commissioner Carollo: Tell me what you were saying. I remember the name. Commissioner Hardemon: If Commissioner "A" -- o4ti a=� I'll use -- he always wanted to be an attorney, so let's use -- because lic ([..f1v INTEL L IGIBLE) attorney. Commissioner Carollo: I don't (L NTNTELLIGGIBLF). Commissioner Hardemon: If Commissioner Gort -- Comm i ssionei�Qqv sits on this dais, right? And if there was a contract for rCPrescnlati€ n of the City of Miami that was being sought after by his firm. the gt,cstlon is -- not his own -- from his perspective of whether or not he nceds to res i-11 or A i e I d himself, or anything like that. The question is -- Cumrnissioner Carello$ Not his, hot the tirrri's. Fri Commissioner Hardemoa: The firoi. From the firm's perspective. Would this body hire his Cirm to do the work by the firm saying, "We'll just shield him from actually doing" -- -of having anything to do with the project"? Ms. Mendez: And as i sail -- 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 items) Rmu 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 11MV iMpOrtant --- Ms. Mendez: -- one -- I mean, like the Io,�vcst per contagc of, �-oii kiiavc -- Commissioner Hardemon: 4k, --'S mean. he's not -- Ms. Mendez: -- o nci-ship in a fir, Cori missioner Hardt moti: -- on the Beauti fic.;ition Committee. He's on the Planning and Zoning and Appeals Beard Committee. Chair RLtss 11: Y c Lill. That's an important (UNINTELLIGIBLE). Ms. Mendez: No, and I get 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, etcetera. Right? So -- Vice Chair Gort: You mean one of my girls? Commissioner Hardemon: Yeah. Vice Chair Gort: Commissioner Hai didn't want to get l pursue this project opine, many times, to the that -- Commissioner Commissioner Hardemon: -- is it just some -- Commissioner Carollo: -- I -- look, I -- What's w was making it up, but I urns Arid so, when they apply to 'ZAA s to opine. And when they , it gets appealed, and it gets appealed .the lower level, you know, with the City. So the question is, I mean, is Commissioner Hardemon: -- insignificant thing? Jai/S22 28 May 9, 2019 Draft Chair Russell: Commissioner Carollo. Submitted into the public record for item(s) RE.14 on _ 05/23/2o19 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 tai 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 continue ac tilict of interest popping up. You had to choose either you went to your busil eor o -awere the elected official; one or the other. And those were basic a opinions t Uthey were given. So I can read that. Let's say that we approv project, they're god to be coming back for different needs. I don't know how much is go 3, to have a 20 through the Planning & Zoning Board.w Vice Chair Gort: A lot. Commissioner Carollo.- Would it be sufficient where he would have to recuse himself every time or r oI9 Now, in his position, I don't know if he would carry that much weight with the rest of 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 Caro Ilo- --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 items) RE.14 on 0512312019 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 J rt, his firm has clients, or whatever, you know, selling cookies, yo ti knout, whateve ;it is, would -- and their clients that -- are the firm's clients, but he's pa rl of the firm, Aether he brought them to the firm or not; we don't know, but they went to the firm teen Commissioner Gort started with the firm. Would that, in your rniiid, be something similar to this; it would be a conflict? Chair Russell_: Are you ask:itl;_F the City Ationicv? Commissioner Carollo: No— I'masking, -- bccLiiise I want him to guide me on this. .: : Give me the fact one more time, because you kind of stumb Commissioner Cai'ollo nissioner Gort is working for "X" firm. The firm has, � on several matters oi6ftance, 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. 1aj/S22 30 May 9, 2019 Draft Commissioner Hardemon: I would think he cannot, no. Commissioner Reyes: Exactly. Commissioner Carollo: Okay. Well, okay. -f 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; yott %vereu`t finished - Commissioner Carollo: You know, I'm trviri i to pat tliis in perspecti�-e. along with something else. *%64 Commissioner Hardemon: The reason Frrz ,- hecuiisc their -- the argument would be that he has somlle sort of jielcunliur�y interes . CQn1TV fissio= Carol Comml loner Hardemon: -- its the matter. Chair Russell: So 111 cord+, we 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 hc) and -- Mr. Milian: Yeah. Chair Russell: -- if this (UNINTELLIGIBLE) -- 1aj/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 Much they must -- he can't lobby that board? And so, now you have a board mernber who resign. However, his firm is now going to lobby that same board. Commissioner Reyes: No. Commissioner Hardemon: I U2 ey'te not going to use him, lout -- A Commissioner Reyes: leo. I think e're betting it all wronc,, He's working for us, not for the masses. He's working for pis. He is the one diat is going to say, "This is a good deal or a load deal." You see? The one that has to come to the board and ask for a change. Am I right" Ms. NI ndez: He is not working on this deal, unless you waive the conflict -- C�3mrnissio r c,;es: No, no. no. What I'm saying -- Ms. Mendez: So he's riot working on it. Commissioner Reyes: What I'm saying -- Ms. Mendez: Whether he resigns -- 1aj/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 Ms. Mendez: Yes, because of the two year Commissioner Hardemon: But see, the conflict is -- Ms. Mendez: Do business with the Cit -y. Submitted into the public record for item(s)RE,14 _ on 05/23 2019 City Clerk Commissioner Hardeition- -- for two veers, and that he's currently a board member doing business witli the City. So there's a potentia! -- Ms. Melidez It's tw o (i_rNN FNT E.L L IG I H L F) with the City. Cvmmissioner Hardenion: Right, I Ic 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 Commissioner Hardemon: And so, then the question becomes -- Ms. Mendez: His firm can. Submitted into the public record for items) RE.14 on _ 05/23/2019 City Clerk Commissioner Hardemon: -- that's -- I mean, that's really the ultimate question. Commissioner Carollo: Well -- Commissioner Hardemon: "Can his fi '' ([JNINTELLIGIBLE) now, but it's two different perspectives to look at this froriri.from his firm's peective, because he has to deal with the Florida Bar on that one right? That's a shieldingissue. But then the issue before us is about, you flow, the bit before this body. And so, the question is, can soma who sits currently on our board, is it alipropriate work? 3� ..%AOO that's being conducted here who is before us, you know, is to hire his firm to do the Commissioner Carona Well A is --I guess vvhat you're trying to say is --and correct me if I' nti wrong -- that ii` C �arniss Q er Gort's firm -- not Commissioner Gort, but his f irnt -- would then go toto`jnappropnate Plan ih, ening, Board in representing a client, for whatever it is, that would then if he's sitting up here? Commissioner HartIemon: T'ut's -- Commissioner Carollo: 1 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/S22, 34 May 9, 2019 Draft Submitted into the public record for items) 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 iirnis won't hire someone who sits here Commissioner Carollo: Well, look -- Commissioner Hardemon: -- because they do buU iiiesN with the City of Miami. Commissioner ('arollo: Right. ttomey, so 1 want you to guide me on this. In essence, that's what you're comparin�g. that it'-- Commissioner Gort is an attorney. He's sitting here. Iiis firm shottldn't be going before the Planning & Zoning Board, becatIse that WOUld be a c on liet. If not, maybe -- I don't know -- an ethics �ioIation of some sort. Ms. M6ndez: Right. He -won't be able to vote on -- if he's on the board -- Commissioner C arallo: No, m). He -- Ms. Mendez: -- he will not be able to vote OnL 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 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? Submitted into the public record for items) RE.14 on 05/23/2019 City Clerk Commissioner Carollo: -- is a Commissioner. Hisfir-n, is representing somebody before the Zoning Board. Commissioner Hardemon: Ori Commissioner Carollo: Huh? Commissioner Hardenion: Or 1 C orn ink,sioner Carollo. Yeah, Or this heard, either one, but I'm trying to bring it even a little further away, but you said either board; I understand. Then you don't think that's appropriate?You` 17ni not -- Carr missioucr Hardemucl: W.? Commissioner C'arvllo. 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 -- 1aj/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 rliat s� Vice Chair Gort: It's legal. Chair Russell: It ain't pretty, lout iE` legal. Commissioner I fardemon- -- sign me Comniissioner Carol It): Chair La sscf 1. All right: So let me (LTNINT ELLLIGIBLE) -- Vice Chair Gort: (UNINTELLIGIBLE). Chair Russell: --encapsulate this. Commissioner Carollo: No, no. Submitted into the public record for item(s) RE.14 on _ 05/23/2019 City Clerk 1aj/S22 37 May 9, 2019 Submitted into the public record for item(s) &E.14Draft on _ 05/23/2019 City Clerk Commissioner Reyes: Please, please, Mr. -- Chair Russell: We have two. Okay, Commissioner Carollo and then Commissioner Reyes. Commissioner Reyes: Okay. Commissioner Carollo: I don't think it's It Vice Chair Gort: You can excuse yo ur se I Commissioner Carollo: And I'm g6iig to tell you I don't it's legal, because it would be a continuous conflict tliat yots havc. and that's part of what I understood from back in 2013 or '14 ��Ai�rn [ received tlw Instructions from the Ethics Commission that 1 had, So that's the point. And this is Mint I believe Commissioner Hardemon was (tying to sad., in Eliffer-ent ways. and im7cL with me. What say you, Commissioner (ioi-ter Wc were r_tsina you as the -- Carl - Carl t - Commissioner C ottkv -- (UNINTELLIGIBLE). Nlw4w- Commissioner Reyes: --ask just one question? Chair Russell: Commissioner Reyes, (UNINTELLIGIBLE). and then Commissioner 1aj/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 yoo. the company -- Mr. Milian: Right. Commissioner Reyes: -- diocver it is, is going [o rcpreseni us on the negotiations, and negotiating the best deals for tic City of M i�rni. Mr. Milian: Con -co. ad&6 X., 1Lhh\6, Commissioner Reyes: Ifthis f rn (LNI N'1 ELL[(_i11 LE) negotiations --when you come to us .�,ith your report drat says, "This is the best deal," are you going to go bef'o e any of our -- I mean, any other boards -- CGmrn ssianer HardQmkin- Igo. Commissioner Reyes: asking for -- and ask for a change of zoning? That is not in the scope of your work. Mr. Milian: No. 1aj/S22 39 May 9, 2019 Draft Submitted into the public record for item(s) gE.14 on _ 0512312019 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 adeal because of this, this, this, this, and this." Okay? Mr. Milian: Right. E7i'—'q9 Commissioner Reyes.- And that', it. Chair Russell: 60t it. commissioner Reyes: N€ltnin else. Tf,ai's the scope of service. r Chair Russell: You don't neem 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 items) 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 YOU'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 witli you on the hoard, Can you see any other possibility, Madam City Attorncy, of any --? Ms. Mendez: No. That's line- fle just cannot work on this item, because it's a two- year issue. So -- Commissioner Reyes: Okay, fine. Ms. rendez: — vou're not working on this itern, Adow Mr.i liani , ThatNfine. Ms. Mendez: And you'll 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)__&E.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 Uke an L ,,R 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. Lt's move onto other business, and then come back to it. (UNINTELLIGIBLE) -- this is more than just this dccisic}n. Chair Russell: This is a di,cu '4i0n on cthic-, and conflict -- Commissioner Hardenion: Thi, mean something, to me -- Chair 11 I understand. i461 undrst1�%L Commissioner HWemon- -- in m%.- career. And so, I want to know what's appropriate. Recause 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 Submitted into the public record for item(s) RE.14 Draft 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 -- and this is what I think, and - Commissioner Hardemon: But who's -- Eike --maybe - the Ethics opinion is one thing. Commissioner Reyes: Well 6 a . Listen. Commissioner Hardgmn but I have to. The e�thucs is, but the public set vant from -- much like whit a his son comes before M s >, the disIRssion F dog qd therefa6 then, his son air, my fdi -- right? -- I dais, and then they make over it, and I shpuldi inappropriate. So I've al it ,ausethe ethi applies -- j'n sorry to interrupt you, to the eiecteffcial or whoever the public servant .. � _.. d himse �f om the discussion. He removed himself Commissioher -- our dear County Mayor does when de`County +ommission; he removes himself from cause or fluence to what's happening. And so, t� ,,_for instance, it will be -- I'll -- if I speak it in the )ul make their appeal to the board members on this ,ision one way or the other, which I have no influence :e any comment about it, because it would be I myself of any ethical dilemma. 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 05123/2019 P 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 anyway, shape or form, in the middle of anything that could be a conflict with the, 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`,,,' ver the gray areas of law and see how they could get a foot up on sor one. s.,vxy Commissioner Hardemon: But the thing about itis ==that I want , you know, we believe in following the law, r t? , So you foQ the law. You know, the whole ethics thing is a fleeting sort of t1s usston, becau�ethics depends on where you are, what part of the City, what country you re 6, in. I me i out to keep these ethical � Y try P norms -- right? -- that make sense for,,where w do business. And then they try to make ethics laws nght? ich is another, fieetiri"sort of concept, because it all tenders upon - not.upon why ;the esta i died law is, but what four or five people sittingin a meeting sa is � law. Rt` t? So it's a very interesting thing. (LJNINTEL;IGIB1 ,E) case rt s a verb interesting thing, our Ethics Commission, et cetera But in line with what '"` eve been given and the rules that we have to follow, _., you knob, if I'm being told the `someone can sit on this dais, and as long as they recuse themselves from matters tt at 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_ew thatish 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. 1aj/S22 44 May 9, 2019 Draft Commissioner Carollo: I think you're right -- Chair Russell: Okay. Commissioner Carollo: -- in your first opinion. Submitted into the public record for item(s) RE.14 on 05/23/2019. City Clerk Chair Russell: There's a request to table the likfni. The mover and seconder -- Commissioner Hardemon: Yeah. Not the toad) your voted I'iii not going to ask -- Commissioner Reyes: Table - Commissioner f Nrdci-non: Bti cause llsmiw bec�ku w I could potentially be a vote in favor for you, for this niotion. issioner Reyes: Ycs, yes, yes, but 1 want to know until when, because time is fi e essence. Commission x` Hardemon .o, no. It's today. Commissioner Reyes - -We""have to have a contract or a proposal in place before September. Commissioner Hardemon: Just today, because I know -- laj/S22 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 b Commissioner Hardemon: Rig Chair Russell: It would come - Commissioner Reyes: Today or tomorrow (LJNINTFLLIGIBLE). Chair Russcll; We're almost done v,-ith t.hc. day, by the way. NN%� C'omnzissioner Hardemon: Right, 1 kayo%v we're almost done (UNINTELLIGIBLE). At least give them time to k:nd 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. Air Submitted into the public record for items) 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 bu cc h e ri Tig 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 Lin liI rt ext meeting -- Commissioner Reyes: Then I - Ms. Mendez: -- and I'm stare I Chair Russell: Yt7rt 1rCCC1 Ing this'd I'd like to understand -- Ms. M6ndez - Yes. I'm sure I will am c of n g. to get a lot more information about evor-J-1ody that does sarne type of ad%Acc with Cuba, and then, you know, you'll probably be down to -- Commissioner R LL y - ; If 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/S22 47 May 9, 2019 Draft Chair Russell: -- because he's here from New York. Submitted into the public record for item(s) Kr.14 on 05/23/2019 . City Clerk Commissioner Reyes: Who have -- Mr. Milian: They're actually here, and i�wy've assured us that they (UNINTELLIGIBLE). Chair Russell: (UNINTELLIGIBLE) for Ehis ineeting to answer these questions, so you'd if you'd like to answer -- ask any questions -- Commissioner Reyes: No. Chair Russell: -- (UNIN`l-ELLICIELE). Mr. Milian: He flew Commissionci� Reyes: Because if that's the case, I would --I will --I mean, that's - Irwin Raij: Hi. I ri ei Rai j. from Melveny and Myers. City Attorney -- I guess someone sent a link f'rem 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 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 -- wheta you said that it was an article, it was an article about Cuba? Mr. Raij: That we wrote an article about 1'rcsidcait Truinp announces changes to U.S. Cuba policy. That was it, a SUni nary of wl}at t1i e President announced_ Commissioner . c �-es: OIi, a summary o f what ffie President; that it could be written by anybody here i at Miami? Mr. Raij Correct, u ,a We Mr. what just showed up on my 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. 05/23/2029 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 ; Mr. Raij: I'm -- you know, that's what I been told. Chair Russell: A.11 right, Mr. R iij, r can ytwdi-Li[i[ e check it, because l kzncv this was a sensitive topic. Cotm,nissioner Reyes: You know why I'm telling you to make sure that you do? Because tiow everybody zind 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 evcr}thI:i 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/S22 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 actualiy quite srnpathctic to the issue; my family's Cuban American, First-gener-ation American. 1 understand the -- Commissioner Reyes: You Cuban? Mr. Raij: Yes. My parents were beth torts in Cuba. kly father came -- Commissioner Reves. And vvbat's your last n nitie" Mr. Raij: Commissi Mr. Raij: Raij. Commissioner Reyes: R -O -D? Mr. Raij: R -A -I -J, Raij. 'N Jaj/522 51 May 9, 2019 Draft Submitted into the public record for items) 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: Chair Russell: -�Ow IN Just to say, I'm also -- Luis K. nski, from Fowler and White. I'm sorry. You creed to step to the j-icroplione, please. X4,4%%� Nok Commissioner Pwyes: You are:? A Mr. Kc)iiski: N`es. I'm also from Fol viler Whitc. Chair Ru,,'se.l I- What is your T}arz-e, please? F Mr. Konski: L u i � iCi nsk i, K -0 -N -S -K -I. My family comes from Cuba, comes from Europe. They were in Cuba froin 1920 to 1961. We were the victims of Fidel Castro also. My brother was als 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/S22 52 May 9, 2019 Draft Submitted into the public record for items) RE.14 on 05/2312019 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 Mr. Konski: Yes -40N Commissioner Rews: -- all (UNIN X ELLl LBLE) -- I mean, it does not have any influence in inn choicc. 1 didn't know, you see. I want, for the record -- Mr. Konski: Riolit. 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 Chair Russell: -- and the Cuban bona fides. Commissioner Reyes: That's right. Submitted into the public record for items) RE.14 on 05/23/2019 , City Clerk 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 &L11- legal cousultant from Miami Freedom Park, and other than the Bc)ards and Committees, this will be our last item for the day. Commissioner Reyes, 1 think you may have changed Miami. If you listen carefully, I think we can year the sound of web pagcs disappearing for legal services to advise peop]c on Cuba business, as we speak, Everyone is going to erase that from their ite and stop offering those services, if they want to do business with you. All right_ so RE_S. We had a motion siid a second on a recommendation for -- and I just want to make sure I gel it right -- Fowler White. Commissioner Rk v ,.,= Yc,-,,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 is Foivler Rodriguez; different law firm. It's a New Orleans law firm that, I understand. no longer exist. Commissioner Reyes: Okay. I heard there was another' Fowler, that he was in -- he did some -- he did something with (70a; had an article writtco, or did -- he did -- was in a seminar -- some seminar, I di'n'$ Qarc. because I'm a Icachei-, and I taught communism, and I'm not a communist. Mr. Konski: As I said, I read part of that articl� flix scenis -- it is George Fowler at Fowler Rodriguez, Trot Fowler White. -4* Commissioner Reves' Do you have a relationship with Carnival? Mr. Komki: We do. N -V c cqr esenl them, injury for -- or injures in the boats themselves ** *% Commissioner Reyes-- You don't represent them in the -- their agreement with -- because they've been spied 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 Martel? Jai/S22 55 May 9, 2019 Draft Mr. Konski: No. Commissioner Reyes: Okay. Submitted into the public record for items) R� gj j4 on 05L,73/2019 , City Clerk Commissioner Hardemon: But they represent Camiva4 anis Carnival does business in Cuba. Commissioner Reyes: No, but they xpresent -- not in that aspect. I mean -- Commissioner Hardemon: `l`hcn they told (UN INTELL161BLE). Commissioner Reyes: No, no. Commissioner H erde i ion- You got a eon iet. You represent --they represent a firm -- Corrtniissioner Reyes: No- They represent -- Commissioner Hari ernon: — thev represent people in Cuba. Commissioner Reyes: Well, they -- Commissioner Hardemon: So there's -- if there's an incident -- Commissioner Reyes: They represent -- 1aj/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 aro tand Commissioner Reyes: They represent Cami vat, they didn't represent Carnival in the negotiations with Cuba. Commissioner Carollo: Cr ival -- Mr. Konski: Nor any advice to ( Commissioner Carolk): -- rcpresent5 the ' iami Heat; same ownership -- C cpai ii!isioner Reyes. That's right, same ownership. Commissioner Carollo: -- at [lie 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 (LN INTEL LICIBLE). Commissioner Reyes: Okay. It flint is -- i mean. I will retire, ancj I will get somebody else -- Commissioner Hardenion: o -- no, no. Wha I'm sa} in o is -- so the question is either do we take more 1 i i n e to i-escarth thes-e firms r1cl bring them back the next meeting, or do we -- yu(i 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 -- wcll, some a thein -- hLlndreds of attorneys. Commissioner heves: Ycs, bLIL -- Commissioner Flardemon; 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 -- 1aj/S22 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 rrusent 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 rc ni c t n b o r th t question? YOU don't have to (UNINTELLIGIBLE). IV Commissioner Reyes: Okay? _b kati You want to afire this? And then I will nominate somebody else. I mean, it's tine. How do you think --? Commissioner H rdenwii: No, The question is, do we --so do we -- knowing how far we've come on this, 1 want to g i v L c.v cryone an opportunity to make an educated decision about this, be ccaase if there is -- if it's about the degree of separation from Cuba if you're sayitzg, "Okay. Well, Fowler is appropriate, because they have a degree or separation from hu.�incsses who do business with Cuba," then the other people who've been listed as doing business with Cuba should have an opportunity to say, "Waf 11, you know, I'm attenuated from this." *,a Commissioner Reyes: 'Yes, Commissioner Hardemon: "All I've done is advised somebody" -- Commissioner Reyes: Okay, by association by being with -- okay. Jai/S22 59 May 9, 2019 Submitted into the public record for item(s)__&E.24 _, Draft on 0ggV2019 City Clerk Commissioner Hardemon: So that's my point. 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 say -We continue fot two vv cele. F � Commissioner Reyes -Noy, sir, because that i ci ng to be -- Commissioner Hard6mon t's a - that deadline that they've given us, right, is not a -- to mey is dd�an artifice 211el"A'AU61e; eTheadline that they're trying to -- that you believe going tog .pus ed p against ,ou is an artificial deadline. I don't think .. ; that tha deadline makes:any e e. If we'vanted to call for it today, tomorrow, 30 days from now, we, as fW boafkcan say, "We want a report on what's going to happen with- elreese then ': You know, we don't have to wait until this artificial deadline that wad created 'au know, I firmly believe that whenever we determine that it is time, the his time F 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 Commissioner Hardemon: Okay. I understand that. Commissioner Carollo: And let -- Commissioner Hardemon: But -- Commissioner Carollo: -- me say this. Commissioner Hardemon: The attenuati hears it now, but those who are who ha q i. may have been affiliated with ` 4 jhey show us what it is and how far Commissioner Re opinion, you see, i Chair' CommissionerRep case that they have because you repress know what I mean? Submitted into the public record for item(s) RE.14 on 05/23/2019 , City Clerk ddose ,,vho -- I'm sure everyone , business with someone that prepared then to prepare -- like they have, because in my waiting to speak; I apologize. 'ELLIGIBLE) because in this case, I mean, I -- in this d Carnival, it's the same thing that I'm saying that people -- that you are associated with Manson. You Chair Russell: Thank you. Commissioner Gort. Commissioner Reyes: Some criminal. That is not the same. 1aj/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 4 Commissioner Reyes: Yes, I agree with %W Chair Russell: -- defer this item for tv�-o weeks Commissioner l-larde:Grgorn: That's a in0tion. . Is Ili at ;3 motion? Todd B. Hanrioii Wity 'lei -k): E Ctme rye, Chair. N N 4%06� Chair Ft sscll: It's been moved -- 2 Mr. Hannon: So either Commissiancr Reyes or Commissioner Carollo has withdrawn their miaLio", oftic:iatty? 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. 40 Commissioner Carollo: I agree with the t efeiYal, b A* Commissioner Reyes: You agree with the de-ferral? Commissioner Carollo: Yeah,' but -- Commissioner Reyes: And 1 want ilie, c{ nimitment froth Commissioner Hardemon that we will have there bctOre us before September. Vice (1iaiar Gert: Hcy, Nve'll make a decision in two -- Commissioner Hardemon: J) -n on votir side. I'm your friend. , Vice Chair Gort: -- we'll make 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 Commissioner Carollo: YcAi. Chair Russell: There's a motion. Thcrc's a second, deferral? Hearing none, all in favor, say " ye." The C L)r iimssion (C'oIIeeti�°e[y): Aide. Chair R6ssell: Motion basses, Commissioner Carollo- N1r, Cllaimian' Chair Russell: And the last thing we have left is -- Submitted into the public record for items) RE.14 , on _ 05/23/2019 City Clerk Any further discussion on the 4 El 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 mt! anothet list of the top firms that have experienced in stadium transactions. Commissioner Reyes: Yes, sir. \ A- N Commissioner Carollo: Because t e one thing that dial has is less stadium and much more real estate. This is more a real cstate transaction. The stadium is only 25,000 seats. It's one-third of Robbie Stadium. I !;Lill call it Robbie Stadium. So this is not, in my eyes, a stadium deal, becau c that stadium is going to provide a minute a mount ofmone L s1(s the rest of the deal that I want to get areal market rate value on, Barnaby Min (Duty City Aro evy Yes, sir. Commissioner Carollo: So provide me that. Jaj/522 65 May 9, 2019 WEISS SERQT'A HELFMAN `'36, 9 6+ COLE & BIERMAN hrnta CAoaRO.to9 aN ttvsmirss, Govsru++w9r+r & Trio law Partner afertel@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 Admisslons Alan K. Fertel — sports Law Submitted into the public record for items) RE.1 on 05/23/2019 P City Clerk Alan K. Fertel Is the chair of our firm'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'Commlttee Member of the Entertainment, Arts and Sports Law Section of the Florida Bar where he chairs the Bar's Sports Law divlsion.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 N at'on of Cuba as well as on the rrmny Cubans living in the Mlaml/South Florida area. As the Embargo has been lifted, Alan has concentrated his efforts on placing is talents 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 • Florida, 1984 United States. • New Jersey • U.S. District Court Middle and Southern Districts of Florida • Eleventh Circuit Education • J.D., University of Miami School of Law, 1984. In addition to his litigation and Intematlonal business practices, Alan Is also an accomplished and experienced sports and entertainment lawyer. He has represented many Individuals and entities 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 Flims, 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 Mlaml-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 Mlaml-Dade Sports Commission, as well as a member of the Greater Miami Sports Tourlsm Advisory Committee. In addition, Alan Is a member of the Executive Committee of The Mlaml-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 Az ntg Cnowanai or $uswA. Govammm & mit Lnw Associate jlaranno0wah law.com 2525 Ponce de Leon Blvd. Suite 700 Coral Gables, Florlde 33134 P:(305)854-0800 F: (305) 854-2323 Practice Areas • Municipal Government Law Bar Admissions • Florida Bar, 2007 Education • Jurls Doctorate (2006), SL Thomas University School of Law • Bachelor of Arts (2001), Florida State University Submitted into the public record for items) 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 F1rm, 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 City of Miami Code and Zoning Ordinance ensures that Code compliance Is achieved throughout all stages of a project's planning and development. Jose also has extensive experience In drafting legislation and amendments to municipal codes, drafting legal opinions for municipalities, drafting municipal contracts Including land use agreements and professional service agreements. Jose also served as counsel for the Emergency Operations Center for the City of.Mlaml.