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1bM1 1 City of South Miami 2 Special City Commission Minutes 3 October 8, 2010 4 5 CALL TO ORDER: 7 The City Commission of the City of South Miami, Florida met 8 in special session on Friday, October 8, 2010, beginning at 6:10 9 p.m., in the City Commission Chambers, 6130 Sunset Drive. 10 11 A. Roll Call: 12 The following members of the City Commission were present: 13 Mayor Philip K. Stoddard, Vice Mayor Valerie Newman, 14 Commissioners Brian D. Beasley, Walter A. Harris and Velma 15 Palmer. 16 17 Also in attendance were: City Attorney Lawrence Feingold, 18 City Manager Hector Mirabile and City Clerk Maria M. Menendez. 19 20 B. Moment of Silence: By Mayor Stoddard. 21 22 C. Pledge of Allegiance: 23 The Pledge of Allegiance was recited in unison. 24 25 D. Presentations(s) 26 NONE 27 28 29 RESOLUTION PUBLIC HEARING 30 31 223 -10 -13257 32 A Resolution of the Mayor and City Commission of the 33 City of South Miami, Florida, relating to the position 34 of Chief of Police; and relating to Contracts; 35 authorizing the execution of a contract between the 36 City of South Miami and Orlando Martinez de Castro; and 37 providing an effective date. 3/5 38 (City Manager) 39 40 Moved by Commissioner Beasley, seconded by Vice Mayor Newman 41 to approve this item. 42 43 Dr. Mirabile presented this item explaining the terms of the 44 contract. 45 SPECIAL CITY COMMISSION MINUTES 1 October 8, 2010 Mot! 1 At the end of the presentation the public hearing was 2 opened. 3 4 Sharon McCain addressed the Commission regarding concerns 5 about the contract. 6 7 Brad Cassel congratulated Chief Martinez de Castro for his 8 new position and thanked the City Manager for incorporating a 9 number of the changes that he had sent to the Attorney. 10 11 Beth Schwartz spoke in support of the contract and also in 12 support of having Chief Martinez de Castro reinstated to the 13 position. 14 15 Yolanda Aguilar, City Manager of the City of West Miami 16 addressed the Commission in support of Orlando Martinez de 17 Castro, saying that she has known him for over 25 years and spoke 18 highly of the Chief. 19 20 Eda Harris expressed concerns about the contract, adding 21 that five years is a very long time. 22 23 Ariel Avelairas, Commissioner of the City of Sweetwater 24 addressed the Commission in support of Orlando Martinez de 25 Castro. He said he has known him for 15 years and spoke highly of 26 the Chief. 27 28 With no further speakers the public hearing was closed. 29 30 Commissioner Palmer said that she had nothing against Chief 31 Martinez de Castro; however, she expressed concern regarding 32 section 3.2.3 of the contract regarding vacation, sick leave, 33 etc. She also expressed concern about the length of the contract. 34 35 City Attorney Feingold clarified that when Chief Martinez 36 left the City back in 2006 he was not paid for sick leave; there 37 were a series of sick leave and other benefits that he lost and 38 the City has determined that there is nothing wrong for the City 39 recognizing that they did something wrong. Mr. Feingold further 40 clarified that this contract does not violate our Charter. 41 42 With some further comments, the motion to approve this item 43 passed by a 4 -1 vote: 44 45 Commissioner Palmer: Nay 46 Vice Mayor Newman: Yea 47 Commissioner Beasley: Yea 48 Commissioner Harris: Yea 49 Mayor Stoddard: Yea SPECIAL CITY COMMISSION MINUTES 2 October 8, 2010 1 2 3 4 5 6 7 8 9 10 11 Imt There being no further business to come before this Body, the meeting adjourned at 7:04 p.m. Attest Maria M. Menendez City Clerk SPECIAL CITY COMMISSION MINUTES October 6, 2010 3 Approved Philip K. Stodda Mayor