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SPECIAL COUNCIL MEETING - INTERIM CITY MANAGER AND INTERIM CITY ATTORNEY

Tuesday, February 20, 2024 · Government meeting record

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SPECIAL COUNCIL MEETING - INTERIM CITY MANAGER AND INTERIM CITY ATTORNEY

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[ ROLL CALL ] >>Please rise for the Pledge of Allegiance >>I pledge allegiance to the Flag of the United States of America and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all. >>Thank you and if you indulge me. I'm just going to do a quick invocation. Although it's not part of our agenda today. Please bow your heads. We are thankful for this date that you have given us for its blessings, its opportunities and its challenges. May we appreciate and use each day that come to as we pray for strength and guidance may we be challenged the give our best always and may we be assured of your presence oh Lord. Amen. Okay, we may now move on the agenda order of business is there any changes to the current agenda? >>Yes I was would like to move 5A.So after 5F. >>Okay, I have an objection to this. If anybody else 58 should be taken up first. If it's not approved, then we would move on other items. The order of the agenda is in its proper order so that we can discard of items that do not need to be discussed should other items. The present >>I don't agree and I call the question >>I am also of the uptrend that we would move it and I know that I spoke to Frank and I don't think the order necessarily for me matters. However, I don't think is that we can really approved out one without approving the first are going beAnd once we go through BMake changes like the end of course you know I'm in full support of its I had mentioned so I'm okay with moving after >>Okay so where moving 58 toAfter 5 be >>I'm fine with that >>Either that or we can move it all the way till after F doesn't really matter to me >>Okay I think that we should get died interim City manager items togetherOkay , let's takeOne person speaking at one At time >>Okay will go ahead and move item 5 (INAUDIBLE) after item 5B and the other? >>Mayor? >>Yes Councilman Pineyro >>Can we combine 5E F and 5 >>OkayI am going to be recommending when it's item comes up because this are nominations that identifies the and 5 theAnd I'm sorry,5 and 5C and item5B and 5 are taken together because they are nominations are they are the same item just different nomination. So we will hear them at once >>What does that mean? >>. So basically we just have to discuss and nomination will be made up no point of having separate item because there are same just with different nomination >>I don't agree with thatI think that it should be separate. So each of them have opportunity to present right >>. So there again in the first time we do this format because their nomination we should be able to hear from all by this there is no point taking up item where we discussed one you know, one particularRecommendation or nomination and then have another itemWhen that nomination may have already been taken up soYou hear them both together and denomination from this board is made, but otherwise, then we are not allowing an opportunity for every good every Councilmember to make a nomination as it is allowed per the charter >>In terms of efficiency. I don't think that we need to hear every item. If one already precludes the other one. So, I have acted as debtor need to make public comments that they can speak and speak the entire Conseil since that's an opportunity for them. The speak and for us to hear them and they have already signed up and they can actually do that and actually encourage the Candidates for interim City manager to do the same. But that's what I've asked the attorney candidates to do and it's essentially dissenting but it's a little bit more efficient. So that's what I would proposed >>Okay I'm going to as everybody any member of the ConseilTo be wait to be recognize before you speak number one and the way we have ordinarily meeting and number 2 I disagree with that because we cannot do question and answers in the form of public comments It's not the proper forum for question and answers. So I think it's and fear for each member of this Council to have an opportunity to question and answer all nominating candidatesWithout it being taken up together. I don't see a difference, and unless Conseil does not wantTo put on the record but I think it's important for us to have the opportunity do have a question and answer session folder for full transparency with the public official. The charter allows for members of the Council to make nominations for interim City manager and interim City attorney DIR. For they have been several nominations put forward and we should hear all present denominations equally every Councilmember should have equal opportunity to hear so >>[ CROSSTALK ] >>I'm going to move the suspender procedure which we cannot do according to all rules of proceeding >>I will 2nd the motion >>I think first of be able to see what the Council agrees let's just call the question and then from there will go >>Excuse me but I am that shared everything I have that the recognized >>[ CROSSTALK ] >>You cannot suspended the rules of procedure without being recognized without due respect, if were going to follow the rule of the law were going to follow the rule of the law >>My them Attorney (INAUDIBLE) >>There is a method to suspend the rules of procedure under the code it will require majority vote >>I would like to suspend the rules of the procedure because I want to make them this meeting efficient possible were not going to go through the same thing that we went through last week. This is supposed to be a form for us to do business, not a flat form for anyone to the political add very nice meant any of that. I want to see this meeting as efficient as possible and therefore before a motion to suspend the rule of procedure so that we can refer forward with the meeting as we have it here >>I SecondMadam Clerk this call the question >>[ ROLL CALL ] >>Motion passes >>. So here's what we will do next will go ahead and open up public comments and I am going to allow for us to be able to answer quenched questions at the time so will go ahead and open a public comments this is your opportunity to come and speak in public comment. You have 3 minutes the speak in a respectful manner. Please state your name and address for the record were going to go ahead and start with those who are filled out common cards. If you have not filled out common cards, you may still come up and speak. Just make sure you visit the clerk. After (INAUDIBLE) fill out the common card will started Maria. Public comments are now open so you can come up and state your commentCarlos >>Good morning Conseil Carlos EduardoMy address is 47My address is 4760 NW. 83rd Ave. here in relevant I will try to brief because the minutes is not enough. Many things are going through my head right now I've been witnessing all past 3 meetings the Council has so far and I am honestly deeply concerned about what's going on in the City. I see that most of the energy on time has been used for discussions of the organizing the administrative body of the CouncilAnd that concerns me the most because last meeting you guys suspended 3 important items for the finish of the part and gave much more importance to nominate a new City manager, having known that the decision before was to get the interim City manager or our deputies City manager (INAUDIBLE) of CK. No attorney has been made and things are for me. I see it as an evident fight for power. Although I think I truly believe that this forum is not for those practices you guys are here to represent us as citizen and as I see it, you are focusing on the wrong items and I believe your heart should be put on what it is necessary for the City and use the time and effort you're using to argue about who is going to be the City Attorney or who's going to be City managers use that time on behalf of the citizens and start deciding and putting your efforts and the benefit of the City that will be in pretty much my comments. I appreciate your time and I respect you all thank you >>Thank you Mr. Bermudez we are now going to go to Mr. Joseph Geller. >>Good morning, Mayor and Conseil my name is Joseph Galler I am a partner at Greenspring more there and we are an applicant. I guess we are. According to the agenda nominated to be your interim City attorneys we applied the when this was open last year we were the 2nd place finisher in terms of escorting to the neighbors gambling firm. Certainly, a well-known firm and we are very entries and looking forward to the possibility of serving the City. I personally have practiced law for over 40 years I've been doing City Attorney work for a different municipalities since 1995, it's been a while and I've sat in the Chair andThen the principal Attorney for half dozen different CDs across South Florida and represented numerous see this in other matters, our firm is the application. We put in in our proposal that we put in last year, which show we are a large firm. I think it's about 250 attorneys we are here in difference it is Miami, we have an office right over in brickle Fort Lauderdale Boca rotten West Palm Beach or large office in all Orlando Tallahassee we are in. I believe it's 8 or 10 states now New York New Jersey California Tennessee number of others are rezoned and we have attorneys in multiple specialties. So we feel fully capable for filling the job, we would expect the do most things in house we have a large Labor Department. My partner who I believe is on the zoom Mr. Morris Skip Miller is a specialist in public finance and bonds and I understand that there are some issues that you have relating to those Mr. Miller and I will be working together supported by other attorneys in our firm. Mr. Rowe and brickle office Ms. Summers Dean and Mr. Scott and others for real estate. I call on our real estate partners we have a quite number of litigator should that prove necessary if the City of for some distance on particular (INAUDIBLE) where certainly fine with that. That's your choice. ButWe pretty much can do most things in house we are a large firm. We do intellectual property. I mean all kinds of thingsI'll save timing chain is not one that I think we do that a lot. We would really look forward to this opportunity. This is a great City this is a driving growing City. This is you know may be the most exciting City there is today in South Florida because the City is just rising up in interests flexing its muscles and I wanted to just say in closing I think that's my timeI've done this for a long time. This is a professional obligation . We take it for it very professionally. We will treat each of you with dignity and respect. We are here to do our job and to do the best we can for the City thank you so much, Mayor >>We will move on to Mr. Rao Garcetti >>Thank you. Good morning. I'm not will best Desi I am partner I guess this see Lopez and Mastro. This is although it's not the firm's biggest area of practice. It's my favorite area of practice is the part that I feel most fulfilling to me and to myPartners we've been around a long time as well. I think Mr. Geller made a reference to being the mostPoint (INAUDIBLE) something like that. The difference in our points was 82.20 versus 82.60 we've been in (INAUDIBLE) since 2013. I can tell you we got letter recommendation which is in your pocket with every single member of the Council including major in the town of Miami Lakes, except for one andWe all know why that's where in litigation with the gentleman, but other than that every single person that I've ever serve provides us a letter of recommendation for the Conseil we are 8 lawyers we are boutique firm because we are not an extreme large firm with development large offices and extensive overhead we can do it for much more reduced rate and what you are paying now or what's being offered to you know essentially we would be able to do it for half of that we wouldn't exactly do exactly what we are being paid in Miami Lakes and 2 are much larger City. We provide service 24 7. I was just in Seattle Washington celebrating the birth of my grandson and we were on call and we were helping out dealing with issues in the City preparing for this as well. I can assure you he will get no better service know I apologize service from (INAUDIBLE). We will make ourselves available day and night for don't know how to do something we say it if if we don't have the expertise we tell you that something that you can always, always count on getting straightforward answer one the things Tim is very important is that you understand that we We what's the best interest of the client that necessarily certain councilperson are certain function or group within the City that has a lot to say we give you the advice that we believe is true and correct and we called the bus street a lot of times and that to me is usually important just telling someone started the other day when we have an issue right now way short counsel present. So with that treat the end. Same issue. Both sides (INAUDIBLE) and that's my 10. Thank you very much. If you have any questions feel free to ask >>Thank you. Any other public comments at this time. This approach the podium state your name and address for the record. >>Good morning my name is Rosemary Ravenel and Levi 3705 is upon Avenue here Inderal thank you Madam Mayor and members of the City Council. I am a concerned citizen. I believe that you are playing a game of musical chairs to reach ulterior motive. We are not stupid what you follow moving sit without this it is that are going through turmoil as well. It's may be open season for fighting City managers Coral Gables City of Miami. This should be a model City. This should be a transparent professional organization, I want to be proud of all of his sitting up there. We are being told something that is really very very funny wire fire City Manager Irby for superficial reasons? And Dwight appoint interim attorney as interim manager when you know there's a lot of latitude to do exactly what the hidden agenda was to achieve. So I urge you please to be a model City to be a model among the City's in Miami-Dade County make us proud. Thank you. >>Thank you.Ladies and gentlemen. If you we could please hold a plus and do what we do with the county. I would very much appreciate it. Is there any other public comment at this time? Rosemary if you will just see the clerk. I just need to fill out the card yes please when you get a chance if there's no other public comment at this time we will close the public comment portion of this meeting. Madam Clerk like you do (INAUDIBLE) we will move on to the discussion item. We will taking item 5. The first Madam Clerk >>Thank you Mme. City Clerk BravoWe will now turn this over the Conseil Poras for the presentation >>Thank you all for being here. As you all know the position for a City manager for the City of that all became open as of February 2. During one of our last Council meeting or a building that Council meeting. We appointed our Deputy City manager as interim City manager Frank Frias, which was been doing a really phenomenal job and gathering of this together in such a challenging time and I want to commend him and thank him for that work as well. At this time. I think it is necessary to appoint a different interim City manager and that way our current interim City manager frankly use can go back to his deputy position and this feeling the 3 roles that we have a dimming at the top and that person I am proposing is here. Her name is Kathy BrooksShe has over 40 years of local government experience in South Florida and most recently in the City of Miami Beach, including City manager and assistant City manager and she brings expert knowledge in theAreas of finance, budgeting, having served as Interim chief financial officerBonds Which is extremely important for us Transportation parking strategic planning 30 some economic development and procurement just to name a few areas. Notably, she is also serve as a key member of the convention center renovation and expansion project in dealing with bonds and funding (INAUDIBLE)For the convention center budget with this going to be extremely helpful as a week so expand (INAUDIBLE) that all is seeking portion of this tax revenue in Miami Miami currently received it. I think it's very fitting that someone with their experience with everything I just mentioned, including that end as well as again bond you know I've spoken to Ms. Burks and she understand(INAUDIBLE)She understand the urgency and the need for us to keep Dorrell Central Park Park onPromise and committed resident and she's going to bring the experience that needed to make sure he that continues to happen and finallyAnd very important Ms. Brooks understands the need to work together as a team with all of the members of the Council(INAUDIBLE)Ms. Brooks as interim City manager for the City >>We have a motion on the table, Ella 2nd the motion by Matt. There's a 2nd on the table. The motion is now open for debate >>I am sorry I forgot to mention one thing and Valerie can clarify to >>Yes, so there was a proposed agreement attached to the agenda so to approve her appointment is interim City manager and employment agreement that attached to the agenda >>Okay, thank you, Mdm. City Attorney there's a motion and a Second and now the item is open for debate. Is there a debate? What anybody like to be recognized for debate? Yes Councilman Pineyro you are recognize >>Thank you, Mayor well first of all, this is exactly why I thought that you know was better to do the other way around because again we are not giving the opportunity to Mr. Russo, which is the other applicant to explain and especially for me since I am the one proposing the point of Mr. Russo to go over his background and experience as well. I think that when we speak about transparency and open process. I mean we have to be more clear, more transparency to the rest especially the ones that are here and the ones that are watching I had the chance to had a great conversation with Ms. Brooks yesterday. I appreciate your timeAnd the same and I will be transparency, we're not going to be discussing Mr. Russo's nomination and at the same time where escaping and moving forward later with Mr. Reyes I have to combine everything at once so visible. The fact that we recognizing how great Mr. Rios has been doing since we approve accept the by the way, I didn't voted for him to stay as interim City manager because I thought that was what took place 3 weeks ago was and I still believe it was without no cost. And for no reason. But since were discussing this. I think that it's fear for Mr. Rios to know if we were saying how great that he has been doing for the past 23 weeks awaken a continuous interim City manager. For example, when I believe he has done an incredible job. He has qualification. He has a resume and special because were going to go over process of selecting nominating a City manager in the future. So again I know that were moving forward. I know you guys have the vote, but I think it's fair for the residents to be clear about what is taking place. I mean were preaching an interesting City manager which has been here for years because everybody knows the resume of Mr. Rios yes I am nominating another person to be consider as an interim City manager, but I just want to leave for the record that Mr. Rios should be the first option to stay To continue as an interim City manager until we figure it out who the next City manager is going to be so having said that, I just hope that Freda residents that tear and residents are watching understand what is taking place here is just my opinion and my perception interpretation whatever name you want to call it. It's just pure politics. That's it. There is no other reason. And I hope the same way that I respect everybody's opinion hearing that you guys respect my opinion as well. But that's how I believe and I just representing the frustration of a lot of residents not only here but the one were watching as wellSame thing that I mentioned to Ms. Brooks and Mr. Russo because I do believe in open process and transparency. I just going to stated for the record, we went over what I believe should be the priorities regarding who was appointed and I'm going to be clear about it. There's nothing that we can argue as the Council that this administration the prior administration the prior City manager. The current directors everybody that has been working for the City of that all for the past 14 once there is nothing that we can say that they haven't done until this date. There is nothing that we can say that they have done something wrong or illegal or unethical for the past 14 month's so I just hope that whoever is appointed as the interim City manager or the future City manager that understand that they are coming in at time where everything has been working fineEverything has been about progress Everything has been on track until this date and I just hope that everything continues to be on track because otherwise I'm not going to take their bling. I'm going to come out the same way that I am speaking today I'm going to come out until my colleagues you guys are responsible I'm going to come out until the administration the new City managerYou're responsible because there's nothing that I have heard until today. They say something different about the directors, the department that direction the City was taken to see something different than your future. So that's where I stand. I had the conversation yesterday with Mr. Brooks and also express that to Mr. Brosseau because I do believe again we have to go through this process, but there's nothing wrong about how this CTs functioning. And that's the part that a lot of people here and watching feeling frustrated about it. We are taking up on professionals like Mr. Rios and other directors. So thatThat the we are arguing something that in my opinion yes I mean we need a City interim City manager. We already have one. We are looking for. City Attorney we already have one. So when we speak about all the department from the police department all the way down there is nothing wrong about what they have doing for the last14 month's so having said that I respect my colleagues opinion but I just want to live on the record that I disagree with the way that we are handlingNot only this meeting, but especially for the past 3 weeks. Now we have to come here every week for special Council meeting, in my humble opinion for no reasons, no sense. No excuses there's a lack of transparency, lack of information. There's nothing that we can argue I would like to explain and I conclude with this. I would do like for one of my colleagues told Mr. Reese and explain to him why he cannot stay as an interim City manager and that's it that simple. You guys have the chance to come forward and say it to his face so it says that the resident's state evicted a record again week continue on a path that unfortunately framing is lack of transparency that often information and again this is not good governance at all >>Thank you Councilman Pineyro any other comments for debate for >>This way to be recognize and then we will go ahead and allow you >>[ CROSSTALK ] >>I was going to clarify that I have spoken to Mr. Rios and you know and previously I had spoken to your previous City manager and my position and my vote is never a surprise here and there for you now. I appreciate Councilman Pineyro for asking me to speak directlyTo them, and I already have. Previous to this meeting. There's a lot of preparation that I do before I come to this meeting and that includes speaking individuals were subject to this meetings. Therefore, I have many face-to-face conversation with Mr. Reyes with Ms. Hernandez and that's how I am. I've spoken with them. I have my position. My position here is never surprised with them. Thank you. >>Councilwoman you are now recognize >>I want to reactivate everything I just mentioned. Thank you, Mayor >>You're welcome. Would you like to speak now >>I just want to say that we already voted not to follow procedure, but I guess I don't know if the City Clerk was studied the record. We just have a vote when it comes it that we actually decided as a majority because of that we will not going to follow the procedure does the clarify have under record my opinion in my comments when it comes to this is that I had the opportunity to go through for both of the resume. Mr. Russo and also Mr. Brooks and Mr. Russo. This is wonderful that you have over 30 years of experience, and I can see here that not just your background, but of the places that you have served I compare your resume as well as Ms. Brooks and I feel that this point in time she's the one that we will be able to fulfill the needs of what the challenges that we have right now when it comes to the bond when it comes to the part of administration. I also have seen Mr. Rios and I don't think you get close 30 years of experience as an managing or am I wrong? So based on that. I think that we have right now candidates that have much more experience and that something that we need at this point in our City. I just wanted to please to ask someone on my councilmembers to be more respectful in taking an account that our resident they don't need to have the intelligence to be installed or trying to mislead them with information that it's not the accurate one. We are here as open book and we are able to meet anybody that would still meet with us either some other one sitting here agree or not, but as you can seeThe majority of the Conseil that is representing you have made this issues individually as a professionals as people that are in and out of this administrationSo time will tell. That's all I can tell you but right now my support will go to Ms. Brooks due to best experience on the many issues that we are right now confronting soI already have seconded my motion to approve us. Our interim City manager >>Councilwoman does that conclude your comments? >>I'm not sure where I might have other, depends on the conversation that we are having >>Okay, let me clarify something very quickly. You may suspend the rules of procedure that is purposes of setting the order of the agenda and any motion that may be on the table, however, that does not per clued order and rule of business does not preclude following rules may know what the followed the rules, but on this dais. And while I am a major we will follow the rules and you will not disrespect the residents of the City of that all who are here to listen this talking over each other and not waiting to be recognized will not be allowed or tolerated is it is disrespectful and it is an orderly and I will not allow it last meeting. It was said that we will follow proper rules of order. We will follow parliamentarian rules and we will follow the rules of the City that all therefore I am using the authority given to me by the residence of the City of that out to make sure that we followed the rule of order you may not like it but it is the way we will do it you want to speak over made do you want to argue you can do with it will not come from and we will make sure that they follow the rules. So please if you're going to sit up here and pander and say that you're going to follow the rule of law that follow it. Your actions speaks louder than your words, we will now continue the debate on this item. Is there any other debate on the motion on the floor?Being no debate. I will have some question at this time I would like Ms. Brooks the please approach the podium. >>Good morning, Mayor and Councilmember's >>Good morning. Thank you for being here today Ms. Brooks for thank you for meeting me yesterday appreciate we had a very good conversation. I was very honest with you about my concerns with this process today has proven even further my concern that this process the lack of transparency and ability to have an open debate about different nominating(INAUDIBLE)Candidates I had the opportunity also speak Mr. Rizzo. I believe your indent was will correct this is stand and be recognized. Thank you very much for being here. I did have a conversation with Mr. Russo on Sunday and I appreciate his time and ability to explain to me his professional background and his ability to take on the position of interim City managerFirst let me start by saying I don't agree with the process that they can place I was a veryUpfront and honest with Ms. Brooks about the fact that I believe that right now (INAUDIBLE) we have the capability moving forward with the current interim City manager. We have so we can go through the process finding a permanent City manager Ms. Brooks. Are you interested in the permanent City manager position? >>Mayor Fraga at this point in time Having approach about being the interim manager. I need to you know if I am appointed at the will of the Conseil would need to get into the City and there's a lot any delivered >>Would you think you'd be able to make a decision within 30 days >>I hope so because I think that's a timeframe you're looking or similar whatever timeframe that you're looking to put out for theSpent over City manager would need to make a decision within that timeframe, because that the when you have it open for application >>Okay are you willing to make a commitment to not make any administrative changes with in your time, assisted interim manager >>. Unfortunately, as a professional manager. That is something I cannot do. I don't have any information intention at this time. With regard to either firing or hiding again I have to get involved with the City. I have to understand if there are any issues with anyone. If there are areas where may need additional support. I just don't know at this time it's a professional (INAUDIBLE) >>As a professional manager. Do you think that 60 days:90 days is appropriate amount of time to evaluate someone on their professional integrity and job performance? >>It entirely depends on situation. Yes, that may seem reasonable for you now in general, but I would need there may be something that I find out that says there's a real problem. And then I would have to act accordingly >>(INAUDIBLE) the support the Council, if you found something that was an appropriate my question was more in evaluation and performance and professional integrity >>Mayor Fraga I don't know your stuff. I don't know your staff >>. So with that being said >>Obviously and not coming in the next week >>The purpose at this it that you're not willing to take on the permanent position. I think making a change of our directors through an interim position is a very slippery slope and I think I'm weird to an incoming permanent position. And so my request on the dais and the public is that no major director positions be terminated or changed until it is decided whether until decided whether you take permanent position or a permanent position as brought in >>I appreciate your concerns Mayor I can commit that I will tell you when I was in the room in City of Miami Beach You know, we were short on assistant City managers and I reshuffled things to hold off on hiring an assistant City Manager Irby because I felt it wouldn't be fair to the incoming manager or to the person I was hiring giving that the incoming manager might have different opinions. So I am very sensitive dear concerns, I just can't commit to that >>During your time as it interim manager in Miami Beach. Did you let go of anybody at the time? >>I am trying to remember because there was someone will let go very close and I can't remember if right during my time or right after my time >>I mean major director positions >>The one that I'm thinking is a major position. I just cannot but there was significant issue involved, I would tell you that much >>Well I think that it is just obvious that any of us would be fully supportive of you if you were to find something that would be an ethical illegal or more in that case that you have the full support of this body to make a decision. My major concern. As you knowAnd forgive. I have no other word to use the desperation of putting in an outside manager at this time we are going to the process of finding a permanent manager. I just cannot reconcile. I just can't reconcile it and therefore this questions are important to me. I have additional question have you ever serve City manager in any City >>I have not(INAUDIBLE) it City manager, but the was subperiod that month and it was City Miami Beach, which as you know (INAUDIBLE) >>, But you have not been a City manager >>Not have been a permanent City manager >>Okay Chi your previous her last most recent employment was a consulting? >>Yes I have been doing a little bit about that >>Can you tell me a little bit about consulting >>I have done a number of different things, mainly for Miami Beach to most recent both where the City of Miami Beach interim CFO. While there are CF oh has resigned and they hired me to perform digit is of the CFO as well as recommendation to the City manager for the permanency of oh after that I have worked with them some other strategic planning, including providing status updates on their 2018 strategic plan and providing over seeing hiring of consultants to do community satisfaction survey which will provide insight to the next strategic plan update >>Okay your commitment with the City of that all can you tell me what that looks like for us? >>My commitment to would beThat I would be coming in I would be looking as interim to make sure that your priorities continue moving forward. I would place a fast import on making sure that each and every member of the Council, including yourself, was informed will have my advice and my recommendations you would make her decisions and I would be look forward to implementing those decisions that you make >>Thank you. I have a quick question about number 7, 7.1 of your employment agreement conflicts of interestIt says here to avoid conflicts of interest and appearance thereof Ms. Rick shall not of the terms of the agreement present private sectors entities can we also include public sector entities. Therefore, you will take on additional consulting responsibilities while your and 30 and 30 and City manager >>And just part of this and not as I mentioned, I already called the City manager yesterday and told her he that there's a working day termination (INAUDIBLE) which I need to provide I have told her that I be I will be doing that if I was appointed to the position that Ben so you're terminating that agreement? Can you please add 7.1 of the agreement that also now public sector entities will beIn addition to this or any outside private and public sector entities will enter into a contract with Ms. Brooks >>That's fine >>Okay, thank you Mr. Brooks as I stated to you one less question. We had a conversation also that your husband had the reach out to me the play the position years has been is I don't want say the nameHe will not be seeking the position as a permanent City manager. If you take on this role? >>That is correct. We have that discussion and we felt it would not be (INAUDIBLE) >>Because he reach out to me to seek possible opportunity and permanent position. So I want to put that under record as well. Okay, thank you Ms. Brooks welcome to stay for a couple minutes. What a comments. Thank you appreciated. Let me state that once again I am not in agreement with how this process has taken place. I am not in agreement where the City manager was terminated. I'm not in agreement with the process were going through therefore not in a representation of Ms. Brooks professionalism. I think she's absolutely professional and (INAUDIBLE)I will not be supportive of moving forward this minor I have had this conversation with Ms. Brooks. I look forward being able to work within professional environment. I certainly am concerned for the ability of our City we've had discussion as well. Opinion is you in everything started the this team has been built with an incredible curating of professionals innovation, dedication and passionAnd I feel that it's unfair for them to be in a place aware they can't move forward because so much uncertainty caused by this Conseil I feel confident that you coming up through ranks in the same situation will be sensitive to that we have that conversation and I am very grateful for your candidness in the conversation for me keeping politics out of the administration has always been my priority and always being what I believe is right for the City. Unfortunately for many years. Politics has just been intertwinedEntity administration which is why we've had over 10 managers in 20 years, with one major deserve for 16 yearsThat says a lot. I don't want to be in that statisticsBecause the City deserves better this employees deserve betterWe deserve betterSo I would only hope that you would take on the opportunity, possibly be interim and permanent for the stability of the City once again I will not be supportive damages state under recordWhat we are missing outIn full transparency for this community Christopher Russo has been the City manager of City of Sunday as beachfront 2012 " 21. That's 11 years. Consistency Christopher Russo and associates sorry, the following oneHe was the CityManager for City of sunny us beach from 2000 2005 and other 5 years he was the village administrator and village of] New York from 1987 " 2000 we are talking several years in a permanent positionThat's consistency I want go on. There's more assistant in the village manager from 98 1980 " 1987 the candidate that was brought forward by Councilman Pineyro is an absolutely qualified candidate and has served as City manager. In other City. So I think it's unfair for us to not take up this process as I had recommended together And an openForeignTo give us the opportunity to allow every candidate that can move and be named and nominated forward the opportunity to present their curriculum. Most consummate professionals. I'm sure both much experience in different sectors but I think that it is an fear that we are being subjected to notBeing able to openly debate and discussed the candidates for this position since we are rushing it so much. So I think it's important to put under record. Mr. Russo's vast experience consistencyAn ability to also perform the position in the role of City manager since has been a City manager in the past again. I was very open and transparent with the Ms. Brooks I wasn't going to vote for any new interim City manager because I don't agree with the process my principles lie higher than what is happening here today. I will not jeopardize my values are my principles for anyone. So thank you Mr. Brooks for being hereFor yourFearless wisdom to, and be able to answer questions I told you every question I was going to ask you the real. No surprises. That was my goal. And so I think you for coming up and being able to answer those honestly. That concludes my commentsPlease make a reflection of the changes to the contract that have been requested and if there is no more debate there's a question and there's a motion and a 2nd on the table and at this time I will callThe role >>[ ROLL CALL ] >>Motion passes >>Thank you very much. We will dispose item 5B and we will moveItem 5 a >> Resolution Of The Mayor And The City Council Of The City Of Doral, Florida, Approving An Employment Agreement With Francisco Rios As Interim City Manager; Providing For Authorization; Providing For Implementation; And Providing For An Effective Date . This was different. February 14 consummating >>Thank you. We will go ahead and had Dennis over to the City manager office Mr. Reyes >>. So with this item. There's no change from what's presented previously and I was able to discuss with each of you February 14 meeting should have any question. I'm ready to respond >>Thank you Mr. Rios is there a motion on the item? >>Through the Mayor >>Yes Councilman part us >>. So the only change I would like to see on the contract is I think just to clarify that Mr. Reyes was serving as interim City manager until a permanent City manager was found or additional interim City manager was found are you know some language to that effectAnd Valerie if you can take over >>Sure I think it's a ready coverage because in section 4A, it provides that termination includes when either as permanent City manager appointed our event City Conseil direct (INAUDIBLE) position as Deputy City manager soBased on the last item is directed to return to his position as Deputy City manager that effectively would terminate the agreement that would cover retroactive from following that vacancy through today's date. And then there is a 90 day pray it that survives termination of the agreement >>Okay >>Motion topper of by Councilman part as seconded by vice Mayor diadem is open for debate. Is there any debate for on the item? Okay, being no debate. I will just have a comment. Thank you Mr. Rios for your service and for your professionalism and ability to get this demotivated we will call the question at this time. There's a motion in a 2nd Madam Clerk this Call the roll >>[ ROLL CALL ] >>Motion passes >>Thank you will move on item5CAnd I believe this will be discarded. This rate theEither way (INAUDIBLE) Mr. Councilman Pineyro to have an opportunity >>Item C discussion appointment Christopher Jervis or is the City manager >>They have any comments at your interim >>Thank you, Mayor, I believe we've already discussed Mr. Bruce's experience think a service of our being here. I appreciate the fact that you know you were willing toOffer your experience and services of here in the City of that all I do encourage you to want to move forward withPermanent City manager position to go ahead andPlease go ahead and submit your application as well. I mean, I went over your resume. We discussed it. I think it's very impressive and againIs there is there for the record, I think that the Mayor also went over that as well. So I just wanted to thank you for your time and for being here today. >>Thank you for service of our being here today. Okay will dispose of item and move item the >> A Resolution Of The Mayor And The City Council Of The City Of Doral, Florida, Appointing A Search Committee For The Selection Of A City Manager, Pursuant To Section 3.03 Of The City s Charter; Providing The Selection Committee With Qualifications, Duties, Budgetary Information, And Time Frame; Providing For Authorization; Providing For Implementation; And Providing For An Effective Date >>This item Councilman part is this is your item you have to go >>. So I believe we are selecting who were going to appointed the search comity in addition to additional things right?Actually during the last meeting. We each selected to appoint ourselves is that correct? >>That was for the selection as City come Attorney >>While I'm going to select myself to be part of the committee and then everyone else here will have to choose someone >>Vice Mayor would you like to go next >>Yeah myself >>Councilman Pineyro? >>Myself >>Councilwoman Cabral >>Myself >>Okay I will be selecting myself as well. Councilman part is do you have anything else to add? >>Yes does so as part of the search committee. We also have to agree on how long and when it's going to convince for the first time I know that I've asked our Deputy City manager to recommend someAdditional information as to where the position will be posted when I don't know if you have that rank >>Yeah typically preposition City manager. There are several things that would be required in order to make sure most effective procurement much of the data is captured within the charter of as far as qualification and responsibilities of the position. The other items that are necessary would be whether a salary range is going to be produced. How do we want to recruitment post it where we would want it to post it as far as to maximize the number of candidates that will attracted a recruitment so I do have that information as far as now what we want to do this salary range and the length of that equipment would be discussion that either the panel selected for section committee determine or you as a board to make the recommendation >>I would say that we post a position within a week from today is that something that's possible? >>Yes as well as we have that information as far as we want to do a salary in (INAUDIBLE) the land of the time and that is of information can be pulled from the tractor you know there's a certain things that sometimes you see those requirements as far as ideal candidate as part of that is be discussion. We just Councilmember through the selection committee to make determination, but if he just remove something forward based on what the minimal qualifications and requirements are. Then we could use, but the tractor language provide >>. So I wouldRecommend using the language from the charter. If anyone has you know additional information or anything that they would like to add post the position within a week I had originally agreed recommend posting it for 30 days. I don'tI'll take whatever you know opinion recommendation from my colleagues as do that timeframe. That's a where I think the I would like to Start and that's what I am proposing now, and following the language of the charter with the minimum qualification the salary that we currently have posting it within a week and posting it for 30 days. I don't know if anyone >>Any the motion first >>Motion >>Is there a 2nd? >>I just wanted to add >>Councilman you're not recognized >>Second >>No recognize for the 2nd we will now open up for debate. Would you like to be recognize for debate >>Yes >>You are no recognize for debate >>. So the only thing that if it's okay Councilwoman Porras is since this is your item. IfMr. ReyesIf not an inch by any chance you know within the week you might not be able to meet with any of us so there's still some question would youCouncilwoman and also consider if you have done a few days if it's needed for you within that week if that will be okay for us you know if it is with his recommendation that he will be needing more than a week >>Yes I have the opportunity to speak is her staff which will lead that effort while I am pretty confident in 7 days would be sufficient. However, if a few extra days can be afforded, since I haven't had the conversation definitely will take those extra days >>Okay, thank you very much. Is there any more debate on this item? >>If I could just add one more thing is for a salary being that there is noX exact range for the position. I don't know we want to I there was >>I was going to address that my comments will be follows I think we we need to more specific are and what we want to post the memory circulated through the City Mayor's report in the last meeting there was a description of several websites in including a CMA that we would boast not just the City's website, but also ICM a search there should be a national search. I think there should be arrange with the bottom of the rangeI would say were currently paying is the bottom of the range otherwise were not going to get qualified candidates. So maybe we can look what the ICM a is recommend think, as strange as right now. I believe if I am not incorrect for what I have a decision as to with that rate should be within the range 230,000 " 300,000 that is that inch for the City of our typical size that doesn't mean that we pay top of that inch our foremost City manager was making 5% less than what there was City manager before that was making which it was about 240,000. So I think that we should post a range that we get a wider array of qualified candidate the tractor is very specific as to the qualifications needed to meet this this criteria musters to being one of them one of the things I left out in my previous comments our interim City manager which will start I believe immediately has a musters in history. Mr. Russo has a musters in public administration. So there's difference therefore I think that we should make sure we have a wide array of ranges and qualification so that we are not limiting ourselves, who can apply I think 30 days is too short of a time I was mindset that we should do 60 that may be too long before I think we should at this post it for 45 days so that we have opportunity to see all the candidates that come forward and then we can be receive those applications review them the once minimum qualifications we have to arrange for them to come in for interviews so we also have to be understand whether were going to take interface remotely. If someone is from out of state or were going to cover cost for them to come into the interview I in the belief that the decision should be made by the committee but the committee. Therefore, it really makes no difference. I will also state that I am not going to be supportive of this item as I do believe it is a violation of our charter clear violation of our tractor the process in which in a matter in which we are moving forward. So those are my comments. There's a motion and a Second if my comments can be incorporated and we can leave it open for 45 days, then we can move forward and just make sure we post on more than just our our City website >>I am fine with 45 days >>We have a motion in a 2nd my comments Inc. this Call the roll >>Another question. What about this is scheduling for the first election committee meeting >>Would you like to schedule that now or would you like >>We offered to 5 days. So find the date within 45 days in the next week or so >>Okay >>I prefer in the afternoon because I think that is important item for the public to be able present after 6 o'clock >>This Call the roll >>[ ROLL CALL ] >>Motion passes >>Okay. We move on to item 5E >>Resolution Of The Mayor And The City Council Of The City Of Doral, Florida, Appointing Greenspoon Marder Llp As Interim City Attorney; And Providing For An Effective Date .This was differ February 14 consummating >>In proposing the appointment of an interim City attorney and his Greenspring (INAUDIBLE)Mr. Joe Geller >>We have a motion in the table (INAUDIBLE) >>Second >>The item now is open for debate is a debate on this item? >>I just have a comment >>Okay Councilwoman Cabral you. I now recognize >>You are also within the search of the time that we have committee your work within the 2nd and the trace at the time experience. That's whyMy motion is approve this item >>Yes Councilman Pineyro, you are recognized >>Thank you, MayorWhile again once again I disagree. The way we are doing this Not only for the City manager position. But the interim City manager position. But the City Attorney as well. I do have a question for Mr. Geller >>Mr. Geller this approach the podium >>Good morning Sir >>Good morning with the City again I just 12 first of all I know what a question your of is the experience the next practice in the legal field, but I do have a question thatI just want to leave for the recordAre you currently runningFor office? >>I am currently have be proceeding to seek the positionThat's open on the date County school board >>Thank you. Now my question to you is if you are appointed are you looking and you are elected in August and we wish you luck. Are you looking toThe firm to appoint someone elseAs interim City Attorney or for the City of that all? >>This is a very large CityThis is I said, very exciting CityThere is no contemplation on my part that I'm going to be the sole person representing my firm to help the City accomplish its work one of my partners Morris escape Miller is on the and now it's on zoomI think it steams now he certainly will be assisting and planning to call on a number of ourOur other than his partners of many years experience in most cases to assist me with this. It is my intention as long as we are servingAs your City attorneyTo the interim City Attorney at this point. That's a what before us and that's a where complaint relating it's my intention to try to be here forOr most of the City Council meetings but people have the schedules I want to be sure he that whether it's Mr. Miller or whether it's a Ms. Adler or whether Ms. Summers team. I think now or whether it's Mr. Scott or Mr. raw there's always going to be somebody but it is my intention for that principle person to be me and I would think that based on what you're doing with the City AttorneyWith City manager even if I winThen I am hopefulI wouldn't take office till November. I would suspect that you know you would have a decision on a permanent City AttorneyBefore I would take of us on the school board now our firm did apply to be permanent attorney less than a year ago. And if this were to move in that direction. I wouldYou know differently certainly still interested, we applied originally to be permanent, but we understand clearly that's not what before you. This is in the himYou need someone to step in. We feel we can step in immediately. And as I said, if I unfortunate if enough to elect that did the school board. I would not be begin serving until the time that I think would be after you've made the decision about who you want this as your permanent City attorney >>Think appreciate your answer. The reason I am asking is becauseSince, sometimes lately, you know, we make decisions based on perception your candidate and you are here, which by the waySpeaking of politicsYou knowI'll be concerned aboutSome of theIssues that you were in favor as a futures school board member I have to be open and disclosed that as well. So based on perception. The fact that you are here And you were running and potentially you will beBecome the next school board member but not again nothing against your background, your legalExperience, but based on perception of you little bit concerned about issues that you're promoting as part of your company and Having you here as a interim City Attorney >>Let me just say to you Conseil in response. I'm sorry I didn't mean to cut you off >>I mean I have to be openWith the racist and again you are comparing and your candidate there certain issues that for me as a father am concerned about and you are in favor of those. And I have to be open with you, I disagree with thoseWhat you're promoting . And again for me that would be a conflictHaving you here. I don't mind about the firm, but the nothing against you. I don'tTake personal politics to get I don't miss it but I think the race of the family reindeer community and there is certain values that all was going to protect and I hope that you understand my position as well >>I certainly do. And I respect that Conseil let me say thatYou may be presumingWhat my positions are on some issues that I haven't even publicly announced yet. You may be reaching some conclusions about what you thinkI'm going to be espousing that might not be completely accurate. I am the father as well. I have a 17-year-old daughterA guy like me as a junior in high school here in Dade County and so I have some concerns that I thinkAre probably similar to some of your concerns. I am sure there are some differences. But I want to assure youAnd you may know, and it was not my part of my initial presentation. But I just in November 2022 I concluded 8 years of service 4 terms as a state representative in Tallahassee and during the time I observed the us a City Attorney while a firm has served as City Attorney but with me as a principal in the Chair in a number of places I can'tThink ofOne time in those 8 years of serviceThat anything I did is a public servant as all of you or conflictedWith my professional responsibilities once in 8 years I was outspoken as a state representative more permanently. And it's my papers I previously served 2 terms as the Mayor of North Bay Village 2nd term reelected on a post and in that time I was also serving City's as City attorney and again I don't remember every country coming up between those 2. Not ones becauseI have been an attorneyLonger than I've served in public office andBy a lot of fearsAnd have you being City attorney as a professional obligation. I am proud of my reputation for integrity and for good judgment. I would like to bring Those qualities to your dais. I think I would be a constructive force for this City but a separateWhat I'm interested do as a citizen activists and someone who aspires to public serviceI separate that from my professional obligationMy professional obligationDo youTo the managerAnd literallyTo everyone of this residents because City attorney serves all of the CityMy professional obligation is based on an oath that they took as an attorneyThat I take this extremely seriously. I am a hawk on a lot of issuesThat might surprise people and I would not allowSomething that I do as a public servantTo influence my judgmentOr my performance As a professionalWith a sworn obligation to do my best to elevate this dais and to elevate the City and to make sure it never runs into any trouble. So I understand what you are concerned I understand the perception But I want to assure youNot going to happen Councilman I will not allow that. I am here in my firm. Mr. Miller, Mr. Rao,Ms. summer sleep, Mr. Scott all of us,Mr. Lynn, aiming Mr. SiegelWe are here to do a jobAnd we will do that job to the best of our professional Abilities >>Thank youMr. Geller I look forward2 Certainly working with your firm and you. If that's the case, but since you mentioned Edward living everything on Director okay. That is an of my comment goes back to you to your comments regarding school board members to see a by scholar and I'm going to code. This happened regarding the 7 " one vote that fell when last year in October the school board was trying to recognize oh Tober as LGBT Q history monthThe item fell 7 " one it was proposed by Lucy of Scholar your comments and I coatAnd said I was proud I was so proud of the school board member Lucy advised (INAUDIBLE) for leading the effort and resolved me even more to make sure that we do not suffer a leadership gap on the school board again. That's the reason why I made the comment and for me I know it's separate but again you're running for office. And againI disagree with certainly with school board member Or former school board member to see you and for me to be proud of something like that speak different about my values as well as a fatherThank you >>Thank you Councilman Pineyro any other debate on this itemFrom the board? >>Through the Mayor. I just want to make a comment >>Would you like to be recognized? >>Yes >>That's why asked through the Mayor >>Yes absolutelyIs there any debate on this item? >>Yes I am actually debating it as well >>You are now recognized >>Just so that we are clear. I think thatSome members of the Council are really subjecting the CityInto a path of liability. Please understand that individuals have conditional rightsAnd you questioningThe candidate to be a City attorney about their personalUse and their freedom of speech is very, very close today are violation. I would suggest that we please refrain from doing that, including making the cemetery estate which in my opinion have been made in the Council you are really opening us up to liability. It is not good coming from the City Council And I would say this am going to call the question if this is going to continue so please let's keep our comments about the position about the qualifications and let's not get the City intoAny past into any sort of liability here for violating people's rights. Thank you >>Any other debateOn this item >>Councilwoman you recognize for the debate >>Thank you, I am so sorry I apologize that you have the stand here and to have this)integrity enter ethics based on comments that has nothing to doWhat we are discussing right now and what is really the focus

FINAL MINUTES

CITY OF DORAL

SPECIAL COUNCIL MEETING - INTERIM CITY MANAGER AND INTERIM CITY ATTORNEY

TUESDAY, FEBRUARY 20, 2024 10:00 A.M.

CITY HALL COUNCIL CHAMBERS

8401 N.W. 53rd TERRACE, 3rd FLOOR

DORAL, FL 33166

1)

Call to Order / Roll Call of Members

Meeting was called to order at 10:08 a.m. All members were present.

Mayor Christi Fraga

Present

Vice Mayor Oscar Puig-Corve

Present

Councilwoman Digna Cabral

Present

Councilman Rafael Pineyro

Present

Councilwoman Maureen Porras

Present

Also present were:

Francisco Rios, Interim City Manager

Connie Diaz, City Clerk

Nabors, Giblin & Nickerson, P.A., City Attorney

2)

Pledge of Allegiance (00:00:16)

3)

Agenda / Order of Business (00:00:33)

Mayor Fraga gave an invocation.

Councilwoman Cabral requested to move item 5A after 5B.

Motion to suspend the rules of procedures for the Agenda / Order of Business made by Councilwoman Porras and seconded by Councilwoman Cabral. Roll call vote - motion passes 3-2 (Mayor Fraga and Councilman Pineyro voted "no"). (00:00:37)

4)

Public Comments (00:08:19)

A resident addressed the Council and spoke about the administration. (00:09:17)

Joseph Geller, representing Greenspoon Marder, LLP addressed the Council and gave a brief introduction on their firm. (00:11:22)

Raul Gastesi, representing Gastesi, Lopez and Mestre PLLC, addressed the Council and gave a brief introduction on their firm. (00:15:10)

A resident addressed the Council and spoke on the items on the agenda. (00:18:42)

5)

Discussion Items

A)

Special Council Meeting CITY OF DORAL Meeting Agenda - Final (Revised) DORAL GOVERNMENT CENTER 8401 NW 53 TERRACE DORAL, FLORIDA 33166 Mayor Christi Fraga Vice Mayor Oscar Puig-Corve Councilwoman Digna Cabral Councilman Rafael Pineyro Councilwoman Maureen Porras Charter Officials Francisco Rios, Interim City Manager Connie Diaz, City Clerk Nabors, Giblin & Nickerson, P.A., City Attorney Council Chambers10:00 AMTuesday, February 20, 2024 Interim City Manager and Interim City Attorney Revision Date 2/19/2024 1) Call to Order / Roll Call of Members 2) Pledge of Allegiance 3) Agenda / Order of Business 4) Public Comments 5) Discussion Items A) 24-5517 A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF DORAL, FLORIDA, APPROVING AN EMPLOYMENT AGREEMENT WITH FRANCISCO RIOS AS INTERIM CITY MANAGER; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE Sponsors: City Manager Memo Res. No. 24-17 Appointment of Interim City Manager Francisco Rios Interim City Manager Employment Agreement Res. No. 24-Approving Interim City Manager Agreement Francisco Rios Attachments: Legislative History 2/14/24 Council Meeting Defer to the Special Council Meeting Page 1CITY OF DORAL

February 20, 2024Special Council Meeting Meeting Agenda - Final (Revised) B) 24-5519 A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF DORAL, FLORIDA, APPOINTING KATHIE G. BROOKS AS INTERIM CITY MANAGER; AND PROVIDING FOR AN EFFECTIVE DATE Sponsors: Councilwoman Porras Memo Kathie G. Brooks Resume Employment Agreement Res. No. 24-Appointment of Interim City Manager Kathie Brooks Attachments: C) 24-5522 Discussion: Appointing Christopher J. Russo as Interim City Manager Sponsors: Councilman Pineyro Memo Christopher Russo Resume Attachments: D) 24-5520 A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF DORAL, FLORIDA, APPOINTING A SEARCH COMMITTEE FOR THE SELECTION OF A CITY MANAGER, PURSUANT TO SECTION 3.03 OF THE CITY’S CHARTER; PROVIDING THE SELECTION COMMITTEE WITH QUALIFICATIONS, DUTIES, BUDGETARY INFORMATION, AND TIME FRAME; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE Sponsors: Councilwoman Porras Memo Res. No. 24-Appointing City Manager Search Committee Attachments: E) 24-5511 A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF DORAL, FLORIDA, APPOINTING GREENSPOON MARDER LLP AS INTERIM CITY ATTORNEY; AND PROVIDING FOR AN EFFECTIVE DATE Sponsors: Councilwoman Porras Memo Greenspoon Marder Response 2023-02 RFP Evaluation Scoring Retainer Agreement Nabors Giblin and Nickerson as City Attorney Res. No. 24-Appointment of Interim City Attorney Greenspoon Marder LLP Attachments: Legislative History 2/14/24 Council Meeting Defer to the Special Council Meeting Page 2CITY OF DORAL

February 20, 2024Special Council Meeting Meeting Agenda - Final (Revised) F) 24-5521 A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF DORAL, FLORIDA, APPOINTING GASTESI, LOPEZ AND MESTRE, PLLC AS INTERIM CITY ATTORNEY; AND PROVIDING FOR AN EFFECTIVE DATE Sponsors: Councilman Pineyro Memo Gastesi Lopez & Mestre Response 2023-02 RFP Evaluation Scoring Retainer Agreement Gastesi Lopez & Mestre Res. No. 24-Appointment of Interim City Attorney Gastesi Lopez and Mestre Attachments: 6) Adjournment Notice to the Public Any person who acts as a lobbyist pursuant to City of Doral Resolution No. 2007-31 and Section 2-11.1(s) of the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance, must register with the City Clerk prior to engaging in lobbying activities before city staff, boards, committees and/or the City Council. Pursuant to Florida Statute 286.0105, anyone wishing to appeal any decision made by the City Council with respect to any matter considered at this meeting or hearing shall need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Page 3CITY OF DORAL

Showing the first 24,000 of 64,935 characters. The full document is at the source.

[ ROLL CALL ] >>Please rise for the Pledge of Allegiance >>I pledge allegiance to the Flag of the United States of America and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all. >>Thank you and if you indulge me. I'm just going to do a quick invocation. Although it's not part of our agenda today. Please bow your heads. We are thankful for this date that you have given us for its blessings, its opportunities and its challenges. May we appreciate and use each day that come to as we pray for strength and guidance may we be challenged the give our best always and may we be assured of your presence oh Lord. Amen. Okay, we may now move on the agenda order of business is there any changes to the current agenda? >>Yes I was would like to move 5A.So after 5F. >>Okay, I have an objection to this. If anybody else 58 should be taken up first. If it's not approved, then we would move on other items. The order of the agenda is in its proper order so that we can discard of items that do not need to be discussed should other items. The present >>I don't agree and I call the question >>I am also of the uptrend that we would move it and I know that I spoke to Frank and I don't think the order necessarily for me matters. However, I don't think is that we can really approved out one without approving the first are going beAnd once we go through BMake changes like the end of course you know I'm in full support of its I had mentioned so I'm okay with moving after >>Okay so where moving 58 toAfter 5 be >>I'm fine with that >>Either that or we can move it all the way till after F doesn't really matter to me >>Okay I think that we should get died interim City manager items togetherOkay , let's takeOne person speaking at one At time >>Okay will go ahead and move item 5 (INAUDIBLE) after item 5B and the other? >>Mayor? >>Yes Councilman Pineyro >>Can we combine 5E F and 5 >>OkayI am going to be recommending when it's item comes up because this are nominations that identifies the and 5 theAnd I'm sorry,5 and 5C and item5B and 5 are taken together because they are nominations are they are the same item just different nomination. So we will hear them at once >>What does that mean? >>. So basically we just have to discuss and nomination will be made up no point of having separate item because there are same just with different nomination >>I don't agree with thatI think that it should be separate. So each of them have opportunity to present right >>. So there again in the first time we do this format because their nomination we should be able to hear from all by this there is no point taking up item where we discussed one you know, one particularRecommendation or nomination and then have another itemWhen that nomination may have already been taken up soYou hear them both together and denomination from this board is made, but otherwise, then we are not allowing an opportunity for every good every Councilmember to make a nomination as it is allowed per the charter >>In terms of efficiency. I don't think that we need to hear every item. If one already precludes the other one. So, I have acted as debtor need to make public comments that they can speak and speak the entire Conseil since that's an opportunity for them. The speak and for us to hear them and they have already signed up and they can actually do that and actually encourage the Candidates for interim City manager to do the same. But that's what I've asked the attorney candidates to do and it's essentially dissenting but it's a little bit more efficient. So that's what I would proposed >>Okay I'm going to as everybody any member of the ConseilTo be wait to be recognize before you speak number one and the way we have ordinarily meeting and number 2 I disagree with that because we cannot do question and answers in the form of public comments It's not the proper forum for question and answers. So I think it's and fear for each member of this Council to have an opportunity to question and answer all nominating candidatesWithout it being taken up together. I don't see a difference, and unless Conseil does not wantTo put on the record but I think it's important for us to have the opportunity do have a question and answer session folder for full transparency with the public official. The charter allows for members of the Council to make nominations for interim City manager and interim City attorney DIR. For they have been several nominations put forward and we should hear all present denominations equally every Councilmember should have equal opportunity to hear so >>[ CROSSTALK ] >>I'm going to move the suspender procedure which we cannot do according to all rules of proceeding >>I will 2nd the motion >>I think first of be able to see what the Council agrees let's just call the question and then from there will go >>Excuse me but I am that shared everything I have that the recognized >>[ CROSSTALK ] >>You cannot suspended the rules of procedure without being recognized without due respect, if were going to follow the rule of the law were going to follow the rule of the law >>My them Attorney (INAUDIBLE) >>There is a method to suspend the rules of procedure under the code it will require majority vote >>I would like to suspend the rules of the procedure because I want to make them this meeting efficient possible were not going to go through the same thing that we went through last week. This is supposed to be a form for us to do business, not a flat form for anyone to the political add very nice meant any of that. I want to see this meeting as efficient as possible and therefore before a motion to suspend the rule of procedure so that we can refer forward with the meeting as we have it here >>I SecondMadam Clerk this call the question >>[ ROLL CALL ] >>Motion passes >>. So here's what we will do next will go ahead and open up public comments and I am going to allow for us to be able to answer quenched questions at the time so will go ahead and open a public comments this is your opportunity to come and speak in public comment. You have 3 minutes the speak in a respectful manner. Please state your name and address for the record were going to go ahead and start with those who are filled out common cards. If you have not filled out common cards, you may still come up and speak. Just make sure you visit the clerk. After (INAUDIBLE) fill out the common card will started Maria. Public comments are now open so you can come up and state your commentCarlos >>Good morning Conseil Carlos EduardoMy address is 47My address is 4760 NW. 83rd Ave. here in relevant I will try to brief because the minutes is not enough. Many things are going through my head right now I've been witnessing all past 3 meetings the Council has so far and I am honestly deeply concerned about what's going on in the City. I see that most of the energy on time has been used for discussions of the organizing the administrative body of the CouncilAnd that concerns me the most because last meeting you guys suspended 3 important items for the finish of the part and gave much more importance to nominate a new City manager, having known that the decision before was to get the interim City manager or our deputies City manager (INAUDIBLE) of CK. No attorney has been made and things are for me. I see it as an evident fight for power. Although I think I truly believe that this forum is not for those practices you guys are here to represent us as citizen and as I see it, you are focusing on the wrong items and I believe your heart should be put on what it is necessary for the City and use the time and effort you're using to argue about who is going to be the City Attorney or who's going to be City managers use that time on behalf of the citizens and start deciding and putting your efforts and the benefit of the City that will be in pretty much my comments. I appreciate your time and I respect you all thank you >>Thank you Mr. Bermudez we are now going to go to Mr. Joseph Geller. >>Good morning, Mayor and Conseil my name is Joseph Galler I am a partner at Greenspring more there and we are an applicant. I guess we are. According to the agenda nominated to be your interim City attorneys we applied the when this was open last year we were the 2nd place finisher in terms of escorting to the neighbors gambling firm. Certainly, a well-known firm and we are very entries and looking forward to the possibility of serving the City. I personally have practiced law for over 40 years I've been doing City Attorney work for a different municipalities since 1995, it's been a while and I've sat in the Chair andThen the principal Attorney for half dozen different CDs across South Florida and represented numerous see this in other matters, our firm is the application. We put in in our proposal that we put in last year, which show we are a large firm. I think it's about 250 attorneys we are here in difference it is Miami, we have an office right over in brickle Fort Lauderdale Boca rotten West Palm Beach or large office in all Orlando Tallahassee we are in. I believe it's 8 or 10 states now New York New Jersey California Tennessee number of others are rezoned and we have attorneys in multiple specialties. So we feel fully capable for filling the job, we would expect the do most things in house we have a large Labor Department. My partner who I believe is on the zoom Mr. Morris Skip Miller is a specialist in public finance and bonds and I understand that there are some issues that you have relating to those Mr. Miller and I will be working together supported by other attorneys in our firm. Mr. Rowe and brickle office Ms. Summers Dean and Mr. Scott and others for real estate. I call on our real estate partners we have a quite number of litigator should that prove necessary if the City of for some distance on particular (INAUDIBLE) where certainly fine with that. That's your choice. ButWe pretty much can do most things in house we are a large firm. We do intellectual property. I mean all kinds of thingsI'll save timing chain is not one that I think we do that a lot. We would really look forward to this opportunity. This is a great City this is a driving growing City. This is you know may be the most exciting City there is today in South Florida because the City is just rising up in interests flexing its muscles and I wanted to just say in closing I think that's my timeI've done this for a long time. This is a professional obligation . We take it for it very professionally. We will treat each of you with dignity and respect. We are here to do our job and to do the best we can for the City thank you so much, Mayor >>We will move on to Mr. Rao Garcetti >>Thank you. Good morning. I'm not will best Desi I am partner I guess this see Lopez and Mastro. This is although it's not the firm's biggest area of practice. It's my favorite area of practice is the part that I feel most fulfilling to me and to myPartners we've been around a long time as well. I think Mr. Geller made a reference to being the mostPoint (INAUDIBLE) something like that. The difference in our points was 82.20 versus 82.60 we've been in (INAUDIBLE) since 2013. I can tell you we got letter recommendation which is in your pocket with every single member of the Council including major in the town of Miami Lakes, except for one andWe all know why that's where in litigation with the gentleman, but other than that every single person that I've ever serve provides us a letter of recommendation for the Conseil we are 8 lawyers we are boutique firm because we are not an extreme large firm with development large offices and extensive overhead we can do it for much more reduced rate and what you are paying now or what's being offered to you know essentially we would be able to do it for half of that we wouldn't exactly do exactly what we are being paid in Miami Lakes and 2 are much larger City. We provide service 24 7. I was just in Seattle Washington celebrating the birth of my grandson and we were on call and we were helping out dealing with issues in the City preparing for this as well. I can assure you he will get no better service know I apologize service from (INAUDIBLE). We will make ourselves available day and night for don't know how to do something we say it if if we don't have the expertise we tell you that something that you can always, always count on getting straightforward answer one the things Tim is very important is that you understand that we We what's the best interest of the client that necessarily certain councilperson are certain function or group within the City that has a lot to say we give you the advice that we believe is true and correct and we called the bus street a lot of times and that to me is usually important just telling someone started the other day when we have an issue right now way short counsel present. So with that treat the end. Same issue. Both sides (INAUDIBLE) and that's my 10. Thank you very much. If you have any questions feel free to ask >>Thank you. Any other public comments at this time. This approach the podium state your name and address for the record. >>Good morning my name is Rosemary Ravenel and Levi 3705 is upon Avenue here Inderal thank you Madam Mayor and members of the City Council. I am a concerned citizen. I believe that you are playing a game of musical chairs to reach ulterior motive. We are not stupid what you follow moving sit without this it is that are going through turmoil as well. It's may be open season for fighting City managers Coral Gables City of Miami. This should be a model City. This should be a transparent professional organization, I want to be proud of all of his sitting up there. We are being told something that is really very very funny wire fire City Manager Irby for superficial reasons? And Dwight appoint interim attorney as interim manager when you know there's a lot of latitude to do exactly what the hidden agenda was to achieve. So I urge you please to be a model City to be a model among the City's in Miami-Dade County make us proud. Thank you. >>Thank you.Ladies and gentlemen. If you we could please hold a plus and do what we do with the county. I would very much appreciate it. Is there any other public comment at this time? Rosemary if you will just see the clerk. I just need to fill out the card yes please when you get a chance if there's no other public comment at this time we will close the public comment portion of this meeting. Madam Clerk like you do (INAUDIBLE) we will move on to the discussion item. We will taking item 5. The first Madam Clerk >>Thank you Mme. City Clerk BravoWe will now turn this over the Conseil Poras for the presentation >>Thank you all for being here. As you all know the position for a City manager for the City of that all became open as of February 2. During one of our last Council meeting or a building that Council meeting. We appointed our Deputy City manager as interim City manager Frank Frias, which was been doing a really phenomenal job and gathering of this together in such a challenging time and I want to commend him and thank him for that work as well. At this time. I think it is necessary to appoint a different interim City manager and that way our current interim City manager frankly use can go back to his deputy position and this feeling the 3 roles that we have a dimming at the top and that person I am proposing is here. Her name is Kathy BrooksShe has over 40 years of local government experience in South Florida and most recently in the City of Miami Beach, including City manager and assistant City manager and she brings expert knowledge in theAreas of finance, budgeting, having served as Interim chief financial officerBonds Which is extremely important for us Transportation parking strategic planning 30 some economic development and procurement just to name a few areas. Notably, she is also serve as a key member of the convention center renovation and expansion project in dealing with bonds and funding (INAUDIBLE)For the convention center budget with this going to be extremely helpful as a week so expand (INAUDIBLE) that all is seeking portion of this tax revenue in Miami Miami currently received it. I think it's very fitting that someone with their experience with everything I just mentioned, including that end as well as again bond you know I've spoken to Ms. Burks and she understand(INAUDIBLE)She understand the urgency and the need for us to keep Dorrell Central Park Park onPromise and committed resident and she's going to bring the experience that needed to make sure he that continues to happen and finallyAnd very important Ms. Brooks understands the need to work together as a team with all of the members of the Council(INAUDIBLE)Ms. Brooks as interim City manager for the City >>We have a motion on the table, Ella 2nd the motion by Matt. There's a 2nd on the table. The motion is now open for debate >>I am sorry I forgot to mention one thing and Valerie can clarify to >>Yes, so there was a proposed agreement attached to the agenda so to approve her appointment is interim City manager and employment agreement that attached to the agenda >>Okay, thank you, Mdm. City Attorney there's a motion and a Second and now the item is open for debate. Is there a debate? What anybody like to be recognized for debate? Yes Councilman Pineyro you are recognize >>Thank you, Mayor well first of all, this is exactly why I thought that you know was better to do the other way around because again we are not giving the opportunity to Mr. Russo, which is the other applicant to explain and especially for me since I am the one proposing the point of Mr. Russo to go over his background and experience as well. I think that when we speak about transparency and open process. I mean we have to be more clear, more transparency to the rest especially the ones that are here and the ones that are watching I had the chance to had a great conversation with Ms. Brooks yesterday. I appreciate your timeAnd the same and I will be transparency, we're not going to be discussing Mr. Russo's nomination and at the same time where escaping and moving forward later with Mr. Reyes I have to combine everything at once so visible. The fact that we recognizing how great Mr. Rios has been doing since we approve accept the by the way, I didn't voted for him to stay as interim City manager because I thought that was what took place 3 weeks ago was and I still believe it was without no cost. And for no reason. But since were discussing this. I think that it's fear for Mr. Rios to know if we were saying how great that he has been doing for the past 23 weeks awaken a continuous interim City manager. For example, when I believe he has done an incredible job. He has qualification. He has a resume and special because were going to go over process of selecting nominating a City manager in the future. So again I know that were moving forward. I know you guys have the vote, but I think it's fair for the residents to be clear about what is taking place. I mean were preaching an interesting City manager which has been here for years because everybody knows the resume of Mr. Rios yes I am nominating another person to be consider as an interim City manager, but I just want to leave for the record that Mr. Rios should be the first option to stay To continue as an interim City manager until we figure it out who the next City manager is going to be so having said that, I just hope that Freda residents that tear and residents are watching understand what is taking place here is just my opinion and my perception interpretation whatever name you want to call it. It's just pure politics. That's it. There is no other reason. And I hope the same way that I respect everybody's opinion hearing that you guys respect my opinion as well. But that's how I believe and I just representing the frustration of a lot of residents not only here but the one were watching as wellSame thing that I mentioned to Ms. Brooks and Mr. Russo because I do believe in open process and transparency. I just going to stated for the record, we went over what I believe should be the priorities regarding who was appointed and I'm going to be clear about it. There's nothing that we can argue as the Council that this administration the prior administration the prior City manager. The current directors everybody that has been working for the City of that all for the past 14 once there is nothing that we can say that they haven't done until this date. There is nothing that we can say that they have done something wrong or illegal or unethical for the past 14 month's so I just hope that whoever is appointed as the interim City manager or the future City manager that understand that they are coming in at time where everything has been working fineEverything has been about progress Everything has been on track until this date and I just hope that everything continues to be on track because otherwise I'm not going to take their bling. I'm going to come out the same way that I am speaking today I'm going to come out until my colleagues you guys are responsible I'm going to come out until the administration the new City managerYou're responsible because there's nothing that I have heard until today. They say something different about the directors, the department that direction the City was taken to see something different than your future. So that's where I stand. I had the conversation yesterday with Mr. Brooks and also express that to Mr. Brosseau because I do believe again we have to go through this process, but there's nothing wrong about how this CTs functioning. And that's the part that a lot of people here and watching feeling frustrated about it. We are taking up on professionals like Mr. Rios and other directors. So thatThat the we are arguing something that in my opinion yes I mean we need a City interim City manager. We already have one. We are looking for. City Attorney we already have one. So when we speak about all the department from the police department all the way down there is nothing wrong about what they have doing for the last14 month's so having said that I respect my colleagues opinion but I just want to live on the record that I disagree with the way that we are handlingNot only this meeting, but especially for the past 3 weeks. Now we have to come here every week for special Council meeting, in my humble opinion for no reasons, no sense. No excuses there's a lack of transparency, lack of information. There's nothing that we can argue I would like to explain and I conclude with this. I would do like for one of my colleagues told Mr. Reese and explain to him why he cannot stay as an interim City manager and that's it that simple. You guys have the chance to come forward and say it to his face so it says that the resident's state evicted a record again week continue on a path that unfortunately framing is lack of transparency that often information and again this is not good governance at all >>Thank you Councilman Pineyro any other comments for debate for >>This way to be recognize and then we will go ahead and allow you >>[ CROSSTALK ] >>I was going to clarify that I have spoken to Mr. Rios and you know and previously I had spoken to your previous City manager and my position and my vote is never a surprise here and there for you now. I appreciate Councilman Pineyro for asking me to speak directlyTo them, and I already have. Previous to this meeting. There's a lot of preparation that I do before I come to this meeting and that includes speaking individuals were subject to this meetings. Therefore, I have many face-to-face conversation with Mr. Reyes with Ms. Hernandez and that's how I am. I've spoken with them. I have my position. My position here is never surprised with them. Thank you. >>Councilwoman you are now recognize >>I want to reactivate

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