1bMe
City of South Miami
Regular City Commission Minutes
March 15, 2011
CALL TO ORDER:
The City Commission of the City of South Miami, Florida met
in regular session on Tuesday, March 15, 2011, beginning at 7:14
p.m., in the City Commission Chambers, 6130 Sunset Drive.
A. Roll Call:
The following members of the City Commission were present:
Mayor Philip K. Stoddard, Vice Mayor Valerie Newman, and,
Commissioners Velma Palmer, Brian D. Beasley and Walter A.
Harris.
Also in attendance were: Deputy City Attorney Mark A.
Goldstein, Deputy City Clerk Nkenga Payne and City Manager
Hector Mirabile.
B. Moment of Silence:.By Vice Mayor Newman.
C. Pledge of Allegiance:
The Pledge of Allegiance was recited in unison.
D. Presentations(s)
Pension Board Presentation
Pension Board Chairperson, Javier Banos, addressed the
Commission regarding a proposed amendment to the pension
ordinance. He explained that the pension ordinance investments
guidelines were written 20 years ago, and the only implemented
changes since then have been by the late Commissioner Beckman,
restricting fixed income investments to 40% of the Fund and a
statutory amendment allowing increased foreign investments. He
said that there is a real fear in the market which could
negatively impact the Bond Market; consequently, those fears
have precipitated the request for the proposed amendment to the
pension ordinance because they are forced to keep 40% of our
Fund in the Bond Market. Chairperson Banos stressed the
importance of having flexibility when making investments. He
then urged the Commission to approve the proposed amendments.
CITY COMMISSION MINUTES 1
March 15, 2011
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Outstanding Officer(s) of the Month
Officer Rafael Gonzalez was presented the Outstanding
Officer of the Month Award.
Employee of the Month
Communication Supervisor, Lisa Corbin, was presented with
the Employee of the Month Award.
With no further presentations this section was closed.
ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
Minutes of February 1, 2011 (Deferred /Amended)
Moved by Mayor Stoddard, seconded by Commissioner Harris,
the motion to approve as amended the minutes of February 1, 2011
passed by a 5 -0 vote:
Commissioner Palmer: Yes
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
Minutes of February 15, 2011
Moved by Mayor Stoddard, seconded by Commissioner Harris,
the motion to approve the minutes of February 15, 2011 passed by
a 5 -0 vote:
Commissioner Palmer: Yes
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
2. City Manager's Report (25 minutes)
(See attached report)
CITY COMMISSION MINUTES 2
March 15, 2011
PT29
The Commission had questions regarding liens placed on some
City properties. The Mayor recommended retaking the subject at
the end of the agenda for further clarification from staff.
At this time Commissioner Harris recommended pulling item
no. 7 on the agenda pertaining to a permit for the installation
of a banner for the Farmers' Market; he explained that the
banner was damaged and has been removed, so there was no purpose
for that item.
With some further comments the City Manager's Report ended.
3. City Attorney's Report
Mr. Goldstein said that the DCA Case with Southeastern
Investments is set for final hearing on June 8th and 9th
We attended a mandatory settlement conference, including
the City Manager and the Personnel Director in the Christian
Moya Case before Magistrate Judge Donald Sullivan; the case was
not resolved, so the litigation moves forward.
We have commenced union negotiations with the officers and
sergeants units, and we have received a draft proposal of what
they want and where they are going to ask for an executive
session, which differs a little bit from the litigation
executive session where more people can come in; with the
executive session for union negotiations you can bring more
people in, such as the Personnel Director.
He said he is working on a towing ordinance amendment; at
the time the original ordinance was prepared, we did not have a
permanent Police Chief, so now that we have one, he has met with
Code Enforcement and the Police Department and there are some
recommended amendments to be drafted.
With no further comments, the City Attorney's Report ended.
PUBLIC REMARKS
(5 minutes)
At the opening of the Public Remarks session, Mayor
Stoddard took the opportunity to apologize to Reverend Johns for
being a little rough during the Pool Workshop.
David Tucker Sr. addressed the Commission regarding the
Community Center swimming pool project and its latest setback
CITY COMMISSION MINUTES 3
March 15, 2011
BTmq
when the selected pool operator announced to be no longer
interested in the project.
Kyle Saxon referred to the search for a new city attorney.
As an attorney with long years of experience, Mr. Saxon urged
the Commission to require at least five years of experience in
the area of municipal law.
Claudia Hauri thanked the Mayor for the cleanup of the
neighborhood doggie park at 57th Court and 78th Street, and
requested a copy of the letter sent to 7800 Red Road Management
to stop blowing the leaves through the fence; she then referred
to the recent disaster in Japan with the nuclear reactors,
urging the Commission to be a leader with other communities in
stopping Florida Power and Light from putting new nuclear
reactors in South Dade, and from running those transmission
lines through South Miami.
Former Commissioner Lew Sellars said that it would be
imperative for a city attorney to have experience in municipal
law since the Commission relies heavily in the city attorney's
legal opinion; he then referred to the Charter amendment which
he sponsored in 2009, providing for changes in the way board
members are appointed. He said that his intent was to give all
Commissioners the opportunity to appoint board members for their
individual sphere of influence; however, he said that at the
time he did not give much thought to the technicality of whether
or not the appointments would still come before the Commission
for ratification; he said that he is not sure about the legal
way, but that the Consent Agenda to him seems like a
ratification process for the Commission as a whole.
Brad Cassel spoke about Art Night, urging more businesses
to participate; he concurred with previous speakers in urging
the Commission to require that the new city attorney has
municipal experience.
Sharon McCain referred to a letter from the Mayor which was
delivered to her by the police and that she did not opened; she
said that this was a misuse of taxpayers' money; she said that
the Mayor got bad legal advice regarding the letter sent to her.
Javier Banos spoke about Art Night and how important it is
for the businesses of the City. On the search for a city
attorney, he concurred with prior speakers regarding the need
for the city attorney to have municipal experience.
Dean Whitman addressed the Commission regarding the
completion of the 70th street partial closure; he said that there
CITY COMMISSION MINUTES 4
March 15, 2011
is one other aspect to that issue having to do with a business
there that requires five parking spaces; they have two legal
parking spaces because they had agreed to have the other three
spaces in their parking lot offsite; however, he has seen up to
five cars, some parked one behind the other, and the rest partly
over the grass and partly on the walkway. He asked for the City
to look into this issue.
John Edward Smith referred to item no. 17 on the agenda
showing a required five -fifth vote, saying that unless this is a
scrivener's error, he would like to have an explanation for the
required vote.
Gray Read addressed the Commission regarding the item on
the agenda about an EAR consultant, urging the Commission hiring
someone with experience in sustainable planning and issues
because this is our chance to look at the Comprehensive Plan and
make some real improvements. She said that the Farmers' Market
is planning an Earth Day celebration for Saturday, April 23rd and
they will have an art contest for local schools, and that they
will have music.
Marice Chael said to be very pleased with the Farmers'
Market which has been running since December, thanking all that
have supported it.
With no further speakers this section was closed.
At this time the Mayor announced a 5- minute recess.
4. Commission Reports, Discussion & Remarks (25 minutes)
Commissioner Harris
• Said that Art Night really needs to be supported;
• Regarding Lew Sellars comments, he said that he
believes that the ratification is what we have to have
and it needs to be in the Consent Agenda when someone
nominates a board member;
• Would like to see the City send at least $15,000 along
with a letter to a sister city in Japan, one of those
that have been destroyed by the recent catastrophe as
the result of the earth quake and the tsunami;
• He then said that he wished to nominate Mr. Pepe as
the new City Attorney; he is very experienced and
honest and that he has been following our City's
issues for the past year and is very familiar with the
City.
CITY COMMISSION MINUTES rj
March 15, 2011
Commissioner Palmer:
• Concurred with Commissioner Harris regarding Mr. Pepe;
she then disclosed that he represented her three years
ago, and that she has no conflict of interest because
of the fact that since then she has not sought his
legal representation.
Commissioner Beasley:
• Said that this is the last Art Night for the season
until next October, asking for everybody to support
it;
• Referred to the parking issue brought up by Dr.
Whitman, saying for clarification that the Code was
changed so that "adjacent" means directly "adjacent"
to the property, not 1,500 feet away.
Vice Mayor Newman
• With regard to former City Attorney, Mr. Feingold, she
said that she was very concerned about his
interference with the appointment of a resident to the
Planning Board, referring to Lorie Yanoshik; she said
that it is not the place of a City Attorney to get
involved in these things; furthermore, she said that
even more disturbing than his involvement on this, was
the very threat that the South Miami Hospital could
put pressure on FP &L to terminate Ms. Yanoshik's
employment of 27 years, and unfortunately, she was in
fact terminated from her job with FP &L two days after
her appointment to the Planning Board in South Miami;
• She then referred to Ms. McCain, saying that in her
opinion, the act of permanently trying to remove her
from the Commission violated her First Amendment
rights and that she will never support that.
Mayor Stoddard:
• With regard to the above issue with Ms. McCain, he
said that there was a case that has been referred to
the Commission by Mr. Goldstein which shows that they
cannot do that; therefore, he said that from this
point forward they will take incidents of behavior as
they come, unless further case law becomes apparent;
• Referred to a Development Agreement that the
Commission recently declined approving, and under
Florida Statute 163.3225, we need to hold two hearings
to present substantial competent evidence that the
Agreement is not valid; Dr. Mirabile said that staff
cannot find any material breech of the Agreement,
CITY COMMISSION MINUTES 6
March 15, 2011
other than that one last page with inconsistency
relating to the signatures; he said that they should
be receiving a written notification to respond within
15 days, starting tomorrow; then there is another
period of 45 days following that where they can go
ahead and come before the Commission with some type of
a review;
• He pointed out to the City Manager's Report regarding
parking tickets showing that there has been a 40%
decrease in parking tickets issued since the new
automated parking meter have been installed; he
particularly wished for Amy Donner of Red Sunset
Merchants Association to take note of this. He also
thanked staff, particularly Finance Director Alfredo
Riverol for working on getting these machines in; he
then informed that if you sign up for the text
messages, it actually texts you 10 minutes before your
time expires and gives you a number so that you can
add more time to the meter;
• Regarding the pool operator, Swim Gym Aquatics,
suggested scheduling a workshop for Thursday, March
24th.
With no further comments this section was closed and the
Mayor announced a 5- minute recess.
RESOLUTION (S) PUBLIC HEARING (S)
44 -11 -13358
5. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida authorizing the City
Manager to enter into a contract with Iler Planning for
the purposes of providing consultant services to the
Planning and Zoning Department to assist in the
preparation of the 2012 Comprehensive Plan Evaluation
and Appraisal Report (EAR) in the amount of $33,675.00
total for FY 2010 -2011 and FY 2011 -2012; the selection
of the firm is a result of a competitively sealed
Request for Proposal, RFP No. SM -FN 2011 -02; funding
for the contract shall come from the Planning and
Zoning Department Account No. 001- 1620- 524 -3450
(Contractual Services); and providing an effective
date. 3/5
(City Manager - Planning Dept.)
CITY COMMISSION MINUTES 7
March 15, 2011
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Moved by Commissioner Beasley, seconded by Mayor Stoddard
to approve this item.
Mayor Stoddard recommended selecting Iler Planning because
they specialize in sustainable city planning; they did the Green
Master Plan for Doral. He then ranked Iler Planning as number
one because of their extensive experience in sustainable
planning which is something that the City has committed to;
Calvin, Giordano & Associates also have some experience in
sustainable planning, and Larue Planning has a lot of experience
with the EAR process but they do not have experience with
sustainable planning; he said that those three seem to be good
and qualified firms and that is the way he ranked them.
Vice Mayor Newman said that she read all of the proposals
and that she concurred with the Mayor, by ranking Iler as number
one; she then asked the City Attorney whether there would be a
conflict for her to vote as they associated with the law firm
representing her in the final ethics case which will be
dismissed next week. Mr. Goldstein asked the Vice Mayor whether
this has any relation to that matter. Her answer was no. Do you
have any financial interest in the award of this bid and are you
affiliated in any way with this company? Her answer again was
negative. Therefore, I don't see a conflict, Mr. Goldstein said.
Commissioner Palmer said that she liked both, Iler and
Larue; however, she said that Larue seemed to have more
experience in the EAR process.
Commissioner Beasley said that he conducted some research
on his own and he also read the proposals and that he concurred
with the ranking expressed above. He then thanked Mr. Larue for
responding to the RFQ; he said that Mr. Larue also had an
impressive application.
Moved by Mayor Stoddard to amend the resolution by
inserting the name of Iler Planning as the selected EAR
consultant, seconded by Vice Mayor Newman, the motion passed by
a 5 -0 vote:
Commissioner Palmer: Yes
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
At this time the public hearing was opened.
CITY COMMISSION MINUTES 8
March 15, 2011
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Cal Rosenbaum congratulated the Commission on the selection
of Iler Planning.
Brad Cassel recommended negotiating with Mr. Iler to bring
the price down to $30,000.
With no further speakers the public hearing was closed.
With no further comments, the motion to approve this item
as amended passed by a 5 -0 vote:
Commissioner Palmer: Yes
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
ORDINANCE (S) FIRST READING
6. A Ordinance of the Mayor and the City Commission of the
City of South Miami, Florida amending the Pension Plan
providing for an amendment of Sec 16 -37 Powers of
Board; providing for severability, conflict and an
effective date. 3/5
(City Manager)
Moved by Commissioner Palmer, seconded by Commissioner
Harris to approve this item.
With no further comments, the motion to approve this item
passed by a 5 -0 vote:
Commissioner Palmer: Yes
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
RESOLUTION (S)
45 -11 -13359
7. A resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to the City
Attorney; appointing Thomas F. Pepe, Esq. to act as
City Attorney; and providing an effective date. 3/5
(Vice Mayor Newman)
CITY COMMISSION MINUTES 9
March 15, 2011
Moved by Commissioner Beasley, seconded by Mayor Stoddard
to approve this item.
At this time Commissioner Harris said that he wished to
submit the name of Thomas F. Pepe as our City Attorney.
Vice Mayor Newman said that they need to follow due
diligence in this process; she said to have no problem with Mr.
Pepe as the Acting City Attorney, and retaining the services of
Mr. Goldstein as our Labor Attorney, but that she favors going
for an RFQ.
Mayor Stoddard said that he had spoken with various city
attorneys and everyone of them has recommended very strongly
that we hire as our permanent city attorney someone with
extensive experience in municipal practice; he said that he
favored going with the RFQ process, having the municipal
experience as one of the requirements, and for a flat fee as the
City Manager requested. He recommended keeping Mr. Goldstein on
through the RFQ process until we have a permanent person in
place. He said that he did not know why they would actually
appoint an interim city attorney when they will be hiring a
permanent attorney.
Commissioner Palmer said she was in favor of taking on an
acting city attorney, and to allow Mr. Goldstein to continue
with the labor.
Commissioner Harris said he had no problem recommending Mr.
Pepe as Acting City Attorney.
Commissioner Beasley said that Mr. Goldstein is on board
and has the knowledge of the ongoing issues, so that he would
like to continue with him until they can find the perfect fit.
He said that he respects Mr. Pepe for his vast knowledge as an
attorney, but at the same time, he said that he had to make his
decision based on what he believed to be the best for the City.
Moved by Mayor Stoddard to have a resolution in order to
keep Mr. Goldstein on as Acting City Attorney until such time
that the RFQ is complete, and for an overlap period as specified
by the City Manager, whichever is the least of three months, or
when the City Attorney feels that the knowledge is adequately
transferred. Seconded by Commissioner Palmer.
Dr. Mirabile at this time asked the Commission about
compensation for the Acting City Attorney.
CITY COMMISSION MINUTES 10
March 15, 2011
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Vice Mayor Newman proposed a special meeting to take care
of the compensation for the Acting City Attorney.
Commissioner Beasley pointed out that our Charter does not
have a provision for "interim" city attorney; therefore, the
record will show that we are going from attorney to attorney.
On the above proposed resolution by Mayor Stoddard, the
motion failed by a 2 -3 vote:
Commissioner Palmer: Nay
Vice Mayor Newman: Nay
Commissioner Beasley: Yea
Commissioner Harris: Nay
Mayor Stoddard: Yea
Moved by Vice Mayor Newman to amend the resolution by
inserting Mr. Pepe's name as Acting City Attorney, and retaining
the services of Mr. Goldstein as Labor Attorney until which time
the RFQ is complete. Seconded by Commissioner Palmer.
Commissioner Beasley proposed having both Mr. Pepe and Mr.
Goldstein as Acting City Attorneys so that they could work
together. After some discussion on this proposal, Commissioner
Beasley proposed nominating Mr. Goldstein as the City Attorney
and Mr. Pepe as the Deputy City Attorney.
With no further comments, the motion to approve this item
as amended passed by a 3 -2 vote:
Commissioner Palmer: Yes
Vice Mayor Newman: Yea
Commissioner Beasley: Nay
Commissioner Harris: Yea
Mayor Stoddard: Nay
Mayor Stoddard said to Mr. Pepe that with all due respect,
on the basis of the process he voted no, but that he will give
him his full support.
At this time Dr. Mirabile said that for the RFQ process to
move forward, he needed a consensus on the two items that he
mentioned in his Report: 1) the inclusion of the 5 -year
requirement for municipal experience; and, 2) to make it fee
simple, flat fee.
At this juncture Mayor Stoddard opened a COW for the
purpose of discussing the issue of the RFQ.
CITY COMMISSION MINUTES ].1
March 15, 2011
Commissioner Palmer said that she wanted an addition to the
RFQ for the qualifications to be amended to include: if you do
not have ten plus five, then you have twenty years in practice.
Vice Mayor Newman and Commissioner Harris concurred with this
proposal.
Vice Mayor Newman said that they had discussed including
the idea of an in -house city attorney; therefore, she said that
she would like to see that as a possibility for this RFQ; in
other words, an attorney who would not have any private practice
outside of our City, but one that would be as any other
employee.
Dr. Mirabile said that the hiring of an in -house city
attorney falls under the HR Department.
Mr. Goldstein said that the City of Sunrise currently has
an alternate exactly what the Vice Mayor is proposing, and that
could be a model which could be looked at.
Commissioner Palmer did not favor the in -house idea because
she said that the city attorney should be given some
flexibility.
At this time the COW was closed and the City Commission was
resumed.
Moved by Commissioner Palmer to change the RFQ to add that
the City Attorney should be a lawyer with at least 10 years of
practice in the courts of the State of Florida of which 5 years
must be municipal experience immediately preceding the time of
the appointment, or an equivalent of 20 years total experience,
of which 10 are in the State of Florida. Seconded by
Commissioner Harris and Vice Mayor Newman.
At this time Mayor Stoddard asked the Commission whether
anyone had spoken to a city attorney anywhere in the State of
Florida who recommends hiring a city attorney without at least 5
years of municipal experience.
Commissioner Palmer said that she had not been speaking to
any city attorney concerning this matter.
Commissioner Beasley said that he had spoken with several
city attorneys, and every single one told him that they should
not hire an attorney that does not have municipal experience.
Mayor Stoddard said that he had asked 8 attorneys of whom
two are city attorneys, and all 8 said that we should have
CITY COMMISSION MINUTES 12
March 15, 2011
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someone with at least 5 years of municipal practice but 10 would
be ideal.
With some further comments, the motion to approve the above
amendment to the RFQ, passed by a 4 -1 vote:
Commissioner Palmer: Yes
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Nay
At this time item no. 10 was pulled from the Consent Agenda
(now item no. 12).
(This item was pulled from the agenda)
8. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida concerning an application
pursuant to Land Development Code Section 20- 4.3(n) to
permit the installation of a banner over Sunset Drive
to promote a Farmers Market to be held on every
Saturday and requesting to pay a reduced cost of
$150.00 of the required $300.00 application fee;
providing for an effective date. 3/5
(Commissioner Harris)
(BEGINNING OF CONSENT)
46 -11 -13360
9. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida relating to the review
and acceptance of the Annual Report of the RRC 57th
Avenue LLC on their mixed use development project
known as Red Road Commons located at 6600 -6640 SW
57t� Avenue; said report required by Section 12 of a
Development Agreement executed between the City of
South Miami and RRC 57t" Avenue LLC by the adoption of
Ordinance No. 12 -05 -1834; and providing an effective
date. 3/5
(City Manager- Planning Dept.)
47 -11 -13361
10. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida relating to the review
and acceptance of the Annual Affordable Housing Report
of the RRC 57th Avenue LLC on their mixed use
CITY COMMISSION MINUTES 13
March 15, 2011
development project known as Red Road Commons located
at 6600 -6640 SW 57th Avenue; said report required in
compliance with Section 2(f) of the Development
Agreement executed between the City of South Miami
and RRC 57th Avenue LLC by the adoption of Ordinance
No. 12 -05 -1834; and providing an effective date. 3/5
(City Manager- Planning Dept.)
48 -11 -13362
11. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the City
Manager to issue a work order to Sunbelt Waste
Equipment, for the repair of automated waste
collection truck No. 2141 in the amount of $6,117.87
to be charged to Maintenance and Repair - Outside
Service Account Number 001- 1760- 519 -4680; providing
for an effective date. 3/5
(City Manager - Public Works Dept.)
Moved by Commissioner Beasley, seconded by Commissioner
Palmer, the motion to approve the Consent Agenda passed by a 5 -0
vote:
Commissioner Palmer: Yes
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
(END OF CONSENT)
RESOLUTION(S)
(CONrD)
49 -11 -13363
12. A resolution of the Mayor and City Commission of the
City of South MIAMI, Florida, relating to City
Commission meetings; rescheduling the Tuesday, April
5, 2011 City Commission meeting to Monday, April 4,
2011; providing an effective date. 3/5
(Mayor Stoddard)
Moved by Commissioner Palmer, seconded by Mayor Stoddard to
approve this item.
CITY COMMISSION MINUTES 14
March 15, 2011
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After it was clarified that the Commission leaves for
Tallahassee on Wednesday instead of Tuesday, the motion to
approve this item passed by a 5 -0 vote:
Commissioner Palmer: Yes
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
13. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida relating to the review
and acceptance of the Annual Report of the 64
Development Corporation on their proposed mixed use
development project located at 5966 -70 S. Dixie
Highway; said report required by Section 27 of a
Development Agreement executed between the City of
South Miami and the 64 Development Corporation by the
adoption of Resolution No. 41 -08- 12638; and providing
an effective date. (Deferred 3101111) 3/5
(City Manager- Planning Dept.)
Moved by Mayor Stoddard, seconded by Commissioner Beasley
to approve this item.
Mayor Stoddard asked the City Manager whether he had
resolved his question about the change from pavers to stamped
concrete.
Acting Planning Director, Lourdes Cabrera said that in
reference to the question of pervious or impervious, originally
the project started out 100% impervious, and that was the way
that it was presented to the ERPB, and it proceeded as
impervious 100 %; the building permit also shows 100% impervious
on the site plan; even the architect corroborated that this was
the intent.
Mayor Stoddard questioned how you go from a development
agreement that says that you have a pervious surface, to an
architect who has a design intent that doesn't comply with a
development agreement. And why would that ever be approved by
the ERPB given that the development agreement presumably was
before them.
Mayor Stoddard said that he would like to have them adhere
to the development agreement, irrespective of what the ERPB has
CITY COMMISSION MINUTES 15
March 15, 2011
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approved. The development agreement is absolutely clear on that
and that is what we need to comply with. The Mayor then
explained the significance of having a pervious surface and how
an impervious surface affects the water table.
Dr. Mirabile expressed concern on another issue relating to
this property. He said to be concerned with the problem that if
this property is sold without fixing the street the agreement is
not transferrable so it does not carry to the buyer.
Mayor Stoddard then questioned whether the City would want
to put a lien on the property for the value of the street repair
to be lifted when the street is repaired.
Moved by Mayor Stoddard, seconded by Commissioner Beasley,
the motion to defer this item until staff is ready to proceed,
passed by a 5 -0 vote:
Commissioner Palmer: Yes
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
50 -11 -13364
14. A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, relating to boards and
committees; appointing Luigi Vitalini to serve on the
Planning Board for a two -year term ending March 14,
2013; and providing an effective date. 3/5
(City Commission)
Moved by Commissioner Beasley, seconded by Mayor Stoddard
to approve this item.
Moved by Mayor Stoddard to amend the resolution by
inserting the name of Luigi Vitalini. Seconded by Commissioner
Beasley, the motion to approve this item as amended passed by a
5 -0 vote:
Commissioner Palmer: Yes
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
CITY COMMISSION MINUTES 16
March 15, 2011
on
3DTgVj
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
14 -11 -2087
15. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending the Land
Development Code in order to set forth that the
Planning and Zoning Director is the responsible City
Administrator to make final interpretations of
regulations contained in the Land Development Code and
establishing an appeal procedure, by amending Section
20 -1.9 entitled "Interpretation" providing for
severability; providing for ordinances in conflict;
and providing an effective date. (Deferred 3101111) 3/5
(City Manager- Planning Dept.)
Moved by Mayor Stoddard, seconded by Commissioner Beasley
to approve this item.
The public hearing was opened and closed with no speakers.
With no further comments, the motion to approve this item
passed by a 4 -0 vote:
Commissioner Palmer: Out of the Room
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
16. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending the Land
Development Code to place in one article all current
regulations pertaining to historic preservation by
amending Section 20 -6.1 (D)(1)(a) entitled "Historic
Preservation Board Establishment and Membership" in
order to require that one member be a licensed
attorney; and by creating new Article XI, "Historic
Preservation Regulations" including Section 20 -11.1
to be entitled "Historic Preservation Standards ";
Section 20 -11.2 to be entitled "Designation of
Historic Sites "; Section 20 -11.3 to be entitled
"Historic Designation Reports "; Section 20 -11.4 to be
entitled "Demolition of designated sites; demolition
by neglect and certificates of appropriateness";
Section 20 -11.5 to be entitled "Special Provisions
CITY COMMISSION MINUTES 17
March 15, 2011
Applicable to Designated Historic Sites" and making
revisions to update current wording and to modify
certain provisions related to the demolition delay
period; and deleting from the Land Development Code
regulations pertaining to historic preservation
including Sections 20 -4.9, 20 -4.11, 20 -5.17, 20 -5.18.
20 -5.19; providing for severability; providing for
ordinances in conflict; and providing an effective
date. (Deferred 3101111) 3/5
(City Manager- Planning Dept.)
Moved by Commissioner Beasley, seconded by Commissioner
Palmer to approve this item.
The public hearing was opened at this time.
Attorney Jeffry Bass addressed the Commission opposing the
adoption of the proposed changes, explaining the constitutional
problems that the City faces if the ordinance is adopted as
proposed. He pointed out to two words in particular that are
being proposed to be changed, and that is, the word "may" which
is proposed to replace the word "shall "; and the word "or" which
is proposed to replace the word "and ". He said that although
these are very small words, they have a radical impact on what
this ordinance does. Mr. Bass continued to explain the issue
further.
Mr. Goldstein said that the objection on Section (A) (2),
changing the word "shall" to "may ", he said that he did not
believe that there is a constitutional problem with that; he
said that he thinks it is ok because even though it says "may ",
it says: ...in addition to the federal and county guidelines...;
therefore, those are the primary guidelines.
Mr. Goldstein said further that what is really at play here
is the second change: the "or ". He said that Mr. Bass objects to
the substance of this for two real practical reasons, and that
is that this loosens the ability of the board to find a
structure historic on one or more alternative basis; whereas, if
you kept the "and" in (2)(a), if would have to meet all of these
things, whereas if you use the word "or ", then it broadens it.
After further discussion this item was deferred.
Moved by Mayor Stoddard to defer this item back to staff
for simplification and consistency with the County standards.
Seconded by Commissioner Palmer.
CITY COMMISSION MINUTES 18
March 15, 2011
Bnq
Commissioner Beasley asked the attorney and staff to review
the proposed ordinance for legal sufficiency.
With no further comments, the motion to defer this item
passed by a 5 -0 vote:
Commissioner Palmer: Yes
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
UNFINISHED BUSINESS
RESOLUTION (S) PUBLIC HEARING (S)
(CONrD)
17. A Resolution of the Mayor and City Commission of the
City of South Miami, relating to a request pursuant to
Section 20- 4.4(J) of the Land Development Code for
Special Use Approval to locate an Interim Parking lot
at 7150 -7160 SW 62 Avenue within the "TODD (MU -5)"
Transit Oriented Development District (Mixed Use 5)
Zoning District; and providing an effective date. 4/5
(City Manager- Planning Dept.)
Moved by Commissioner Beasley, seconded by Commissioner
Palmer to approve this item.
At this time the public hearing was opened.
Mr. Mattaway addressed the Commission on behalf of the 62 n6
Avenue Plaza owner of the property, saying that for the
approximately past 25 years there has been a parking lot
operated on the property. He said that since it was first
operated as a parking lot, it received a license to operate as
such. Mr. Mattaway then proceeded to explain the issues related
to this item.
Raul Munilla, owner of property located at 6201 SW 70th
Street, addressed the Commission saying that their decision on
this item will negatively impact not only Mr. Mattaway but also
the rest of the property owners such as himself. He then urged
the Commission to extend Mr. Mattaway's permit.
CITY COMMISSION MINUTES 19
March 15, 2011
DTI
Michael Munilla, also addressed the Commission concurring
with the above speaker.
Sharon McCain said that it seems that the City has serious
problems with parking where new businesses are moving in and
expanding and we are not checking our parking requirements. She
asked whether an income parking lot is required to be paved and
provide lighting. Ms. Cabrera said that interim parking was not
established until 1994 and is supposed to be only temporary and
for six month. Ms. McCain then urged the Commission not to pass
this item.
Sidney Cova, Manager of the 62nd parking lot, said he has
been running it for a long time and that he has never seen a
problem with oil spill causing contamination. He said that there
are a few tenants that depend on that parking lot and it is very
important that is kept the way it is until some further
development occurs.
Mayor Stoddard offered a solution consisting of improving
the parking lot by planting trees and covering it with gravel so
that it could be considered permanent and therefore be in
compliance with our Code. Mr. Mattaway said that it is his
intention to build on this property at the earliest possible
date; therefore, to make any improvement of the source at this
time would be a waste of money.
Vice Mayor Newman at this time said that she would like to
hear a report from staff on this item and what the Planning
Board said. Ms. Cabrera then addressed the Commission as
requested.
Mr. Citarela explained that a permit has been applied by
the owner of the property; the application is being processed
but the permit has not been issued yet since the construction
documents are being reviewed. This permit has nothing to do with
the parking lot; the permit has to do with the erection of a 7 -8
story building in that location which has an ancillary parking
garage next to it.
Mr. Mattaway clarified that there is a license for the
operation of the parking lot which is renewed every year.
At 12:00 a.m., Mr. Goldstein said that because there was no
vote underway, and the item was still being considered, it would
be rolled to the next meeting.
CITY COMMISSION MINUTES 20
March 15, 2011
:1XI
ORDINANCE (S) FIRST READING
18. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending Chapter 7 of the
Code of Ordinances of the City of South Miami to remove
the wording South Florida Building. Code and adopting
the Florida Building Code and all other codes adopted
by the Florida Building Code as the city codes together
with all amendments thereinafter made, and all
subsequent editions, to said codes; providing for
severability; providing for ordinances in conflict;
providing an effective date. 3/5
(City Manager - Building Dept.)
19. An Ordinance of the Mayor and City Commission of the
City of South Miami, Florida, amending the Land
Development Code by deleting Section 20- 3.1(E) entitled
"Business Outside a Building ", inserting new Section
20 -3.6 (V) to be entitled "Commercial Activity
Conducted Outside of a Building" in order to provide
regulations for allowing for outside merchandise
display on private property and public sidewalks;
establishing limitations on type, location and extent
of outside merchandise display; providing a process for
obtaining permits; and providing for exceptions for
certain permitted uses; providing for severability;
providing for ordinances in conflict; and providing an
effective date. 5/5
(City Manager- Planning Dept.)
ORDINANCE (S) FIRST READING
(NONE)
There being no further business to come before this Body,
the meeting adjourned at 12:04 p.m.
Attest Approved
Maria M. Menendez Philip K. Stoddard
City Clerk Mayor
CITY COMMISSION MINUTES 2 1
March 15, 2011
CITY OF SOUTH MIAMI
OFFICE MEMORANDUM
To: Honorable Mayor and City Commission .
Date: March 15, 2011
From: Hector Mirabile, Ph.D., City Manager /l
Re: Manager's Report
The following is my report for the commission meeting of March 15, 2011
With the recent withdrawing of our City Attorney City management is anticipating certain issues
related to various cases administered from a legal perspective. Attachment C identifies the
pending cases as well as projects that the City Attorney's Office are handling. There are 15
cases, with quite an exposure, which may require some continuity of legal work while the City
searches for a new City Attorney. Additionally, the City commenced negotiations with the PBA
(lower body) and will begin negotiations with AFSCMB with Mr. Goldstein being the Chief
Negotiator. Should I be required to be the Chief Negotiator it would reduce my time available
for managing the City by 50% and thus decrease the flow of operations and projects by an ,
unknown factor. In light of the aforementioned situation I also recommend that the continuity of
effort from a legal perspective proceed for three months post the hiring of the new City Attorney
so as to ensure appropriate briefing and transitioning of the cases. Therefore, I recommend that
we retain Mr. Mark Goldstein, for his current flat fee amount, as the City's attorney until such
time as the new City Attorney is hired and for a period of time post the hiring of the new City
Attorney which is considered reasonable by the new City Attorney or three months whichever
comes first.
Regarding the City Attorney Request for Qualifications (RFQ), an emailed version of the staff's
proposed RFQ was submitted to the Commission for cormnents and/or concerns. Certain
members of the Commission responded that they would like to have the 5 years of municipal
experience be removed while others desired to keep it in. Additionally, staff recommends that
the City Attorney's remuneration for work performed be a flat fee so as to ensure the financial
viability of this proposal. Therefore, I bring before you the RFQ for your review, discussion, and
approval so that staff can publish and move this project forward.
The pool operator negotiations did not prove effective with Ms. Oca or Ocaquatics removing
herself from the process. This impacts the process by delaying it as we move forward with the
next vendor, which is Swim Gym Aquatics, Inc. Assuming that Swim Gym Aquatics, Inc.
continues being interested I am providing you with their RFP response for your review and
City Manager's Report to Commission; March 15, 2011
ii. Purchasing Ordinance: Work continues on an ordinance and once a satisfactory
draft is available it will be brought before Commission for consideration and
approval.
iii. Public Works Solicitation Template: A Public Works solicitation template was
prepared and Is currently under review by the City Attorney. Once a satisfactory
draft is available it will be brought before Commission for consideration and
approval.
iv. City Attorney RFQ: A draft City Attorney RFQ was prepared and is currently under
review by the Commission. Once the Commission provides its revisions and
recommendations, the draft RFQ will be finalized and issued with a projected
Closing Date and Time to be determined then.
v. Tennis Court Operator RFP: Last week Parks provided its Scope of Work for the
Tennis Court Operator RFP. Once a draft is reviewed, approved, and finalized, it
shall be issued with a projected closing date and time to be determined then.
vi, Towing Services RFP: No change.
vii. landscaping: No change.
viii. Red Light Camera: No change.
d. Police:
Uniform Patrol Division
i. Total of 28 arrests: 5 felonies, 11 misdemeanors, 6 traffic and 2 warrants
served. Of the 28 arrests, 3 were narcotics related;
Acting on a B.O.L.O., the patrol units located and stopped subjects hi a
vehicle who just committed a residential burglary. This burglary occurred in
Miami Dade County jurisdiction, just outside our City limits to a house
which was under construction and air condition units were taken. The
subjects were detained and turned over to MDPD;
Patrol units located a subject wanted by MDPD in reference to an armed
robbery. This subject, who is known by South Miami officers, in the past
committed several crimes including robbery in our jurisdiction. Upon making
contact with the subject, he took flight on foot. Units quickly established a
perimeter and within a short time, the subject surrendered and was taken into
custody and turned over to MDPD;
ii. A shooting occurred in the area of SW 60' St & 59`x' PI, where a subject fired
several round into an occupied residence. Units quickly responded and
gathered information on a possible subject. Within minutes, the subject was
identified, located, and taken into custody;
iii. The community patrol officer on the `B" shift (afternoons) is now reporting
to the Somerset Academy on a regular basis to monitor and assist with the
City Manager's Report to Commission; March 15, 2011
iii. (Second Incident — same date as above) S.I.U. detectives observed what appeared to
be a hand to hand transaction (drug sales). The detectives were able to stop one of
the two individuals. Their investigation revealed the subject to be in possession of
five (5) marijuana baggies. The subject was arrested and interviewed. The subject
confessed to selling marijuana and was subsequently charged accordingly,
(possession with intent to sell marijuana).
iv. On Thursday — Mar. 10 "' S.I.U. detectives were conducting an area check for
vehicle burglars and observed two individuals by a vehicle in one of our parking
garages. After several minutes passed by one of the subjects pulled out a marijuana
cigarette smoked from it and passed it to the other subject, who also smoked from
it. Both subjects were taken in to custody and the contraband was impounded.
Administration Bureau
The 2010 annual report was completed and is available on the Police Department's
website.
ii. The.acereditation process is progressing with 20% of Standard Operation
Procedures reviewed and approved.
iii. Background Investigations far the Reserve Officer Program are in progress with 7
candidates.
iv. The Internship program with FIU was re- established and background investigations
are being completed on 3 current applicants.
Code Enforcement Division:
Received a vehicle that was re- assigned from SMPD's fleet to Code
Enforcement to cover for a vehicle shortage•, Code has 3 Code Enforcement
officers and was operating with 2 vehicles. The additional vehicle will
increase field coverage and thereby continue to increase operational
efficiencies by proactively addressing code violations.
ii. Magistrate: Processing agreement to appoint a Special Magistrate for 2011-
2012.
iii. FPL was issued a notice of civil infraction for right of way code violations;
FPL paid for the initial fine, applied for the required City pen-nits and is
scheduled to remove the violations (2 poles) by March 18, 2011.
iv. Currently conducting an in -depth review and investigation of the Business
Tax Receipt (aka, occupational license) and parking requirements for Ross
University pursuant to the City's Code and the Land Development Code.
City Manager's Report to Commission; March 15, 2011
g. Parks and Recreation:
Recreation: Northwest Boys Club: South Miaml Recreational Basketball
has four (4) teams participating; playoffs will begin after Spring Break. All four
(4) teams will be participating.
i. Track and Field - 222 -8—p pants ages 5 -15 years are competing.
Medals won this past week:
Raychem Bell
7th Place in the long jump
(Midget Boys division)
Isis Billings
4" Place in the 200 meter dash
(Midget Girl's division)
Xavier Burns
6th Place in the long jump
(Midget Boys division)
Paige Coleman
6th Place in the long jump
(Midget Girls division)
Robert Coleman
2nd Place in the long jump
(Youth Boys division)
William Colson
7th Place in the long jump
(Midget Boys division) .
Eric Evans
18t Place in the long jump
(Young Men division)
Robert Holton
174" Place in the long jump
(Bantam Boys division)
Pauline Laidley
11th Place in the long jump
(Midget Girls division)
Paul Laidley
91h Place in the long jump
(Bantam Boys division)
Tamara Leonard
13th Place In the long jump
(Midget Girls division)
Keir Moss
3r4 Place in the long jump
(Young Men division)
Westley Neal, Jr.
13th Place in the 200 meter dash
(Bantam Boys division)
8th Place in the long jump
(Bantam Boys division)
William Reed
2nd Place in the long jump
(Young Men division)
Tariq Roberts
1 e Place in the long jump
(Bantam Boys division)
City Manager's Report to Commission; March 15, 2011 9
vii. Monday and Wednesday English classes 9:30- 11:30am;
viii. Tuesday and Thursday Spanish classes 9:30 — 11:30am;
ix. Monday thru Thursday Computer classes 12:15- 2:30pm (Community Center);
Y. Monday and Thursday Art class 1:00- 3:OOpm;
xi. Friday Citizenship Class 9:00 — 2:OOpm;
xii. Last Wednesday of every month seniors, go to Helen Bentley for Breakfast;
Parks Landscape Division:
All parks are on schedule with general maintenance;
ii. Secondary "Invasive clean up" workday -at All Veteran's Park on
Saturday, March 26, 2011. 9:00 am —12:00 pin
iii. Dante Faseell Park — FRDAP Grant — No change.
iv. Preparation and total completion of South Miami Park (all fields) with
cutting, and logistical lining of the entire field area was accomplished for the
opening of South Miami United Soccer group by Park Maintenance
Division.
ii. Dog Park: No change
Special Events:
A February 24, 2011 — State of Ilse City Address — South Miami /Coral Gables
Elks Club /BPOE. Completed
➢ February 26, 2011 — Work day — All Veteran's Park —"Invasive Clean up
Day." Completed
9 February 26, 2011 — South Miami Rotary — Arts & Craft Festival —10:00
a.m. — 6:00 p.m. Completed
➢ February 26, 2011 — Black History Month events at Murray Park: Breakfast
and Fun Day. Completed
➢ February 27, 2011 — Animal Services — Mobley Bldg. — 7:00 a.m. — 7:00
pap. Completed
h. Planning and Zoning Department:
EAR Consultant for 2012: No change since last report. The RFPs were
provided to the Commission for their review and selection.
ii. Land Development Code Amendments: The Planning and Zoning
Department together with the Planning Board continued its program of
City Manager's Report to Commission; March 15, 2011 11
City Manager's Report to Commissioners
Public Works Attachment A
i. Cleaned the fish pond and fed the fish at City Hall.
ii. Continued improvements at the CAA Headstart Center involving electrical, plumbing,
painting, and lights replacement.
iii. Repaired electrical outlets on trees along Dom Avenue and Sunset Drive.
iv. Installed locks vending machines at Community Center.
V. Began and completed installation of wooden shelves at Building Maintenance shop.
vi. Repaired entrance door to the Police Department Interview Room.
vii. Repaired desk drawers at the Finance Department.
viii. Met with contractor for light poles estimate on Dom Avenue.
ix. Relocated Parking Office to the second floor.
X. Met with contractor for window tinting estimate for Community Center and Building
and Zoning.
xi. Replaced light bulbs at Police Department and Community Center bathrooms.
xii. Repaired entrance door to Community Center basketball court.
xiii. Repaired main door at the Community Center.
xiv. Replaced pole lighting in Dom Avenue.
xv. Met with contractor for plumbing estimate at Police Department.
xvi. Replaced boy's bathroom water faucet at Community Center.
xvii. Began and completed the installation of additional A/C supply lines at Parks and
Recreation Director's office.
xviii. Replaced elevator lights ballast at the Community Center.
xix. Repaired toilet valve at Community Center bathroom.
xx. Watered new landscaping SW 70th Street from 62nd Court to SW 63" Avenue.
xxi. Serviced / repaired 31 vehicles and heavy equipment at the Motor Pool.
xxii. Delivered 9 new garbage containers to residents.
xxiii. Filled (23) crane trash holes.
xxiv. Performed pick up of garbage and trash routes.
xxv. Performed daily power street sweeping.
xxvi. Performed daily clean up & watered pots downtown.
xxvii. Pressure cleaned sidewalks downtown on Wednesday's.
xxviiL Dumped litter cans throughout the City three times a week.
xxix. Filled (5) pot holes.
xxx. Removed (13) shopping carts from various locations citywide.
xxxi. Painted / stripped (22) parking spaces downtown.
xxxii. Installed (5) parking signs at City Hall,
xxxiii. Removed (1) newspaper stand from 73rd Street SW 590i Avenue.
xxxiv. Removed (1) broken wooden bench from Dom Avenue b/w 73rd and 74th Street.
xxxv. Processed three pennits for work in the right -of -way.
xxxvi. Removed (2) Farmers Market banners that were damaged by the wind..
xxxvii. Checked irrigation system at Public Works.
xxxviii. Lifted trees, (21) at 67th Street, 67h Court, 63rd Avenue, 69th Avenue, 76th Terrace and
64th Street, 59th Avenue, 57th Place, 69th Avenue, 770' Terrace and 64th Avenue, 7500
SW 59 Court.
xxxix. Supervised City Hall parking lot irrigation system repair, by contractor.
xl. Cut broken branch from tree blocking the street at 87th Street SW 59 Avenue.
City Manager's Report to Commission; March 15, 2011 13
Cocoplum Terrace: Waiting for Miami Dade County response on the submitted traffic
management plan for the implementation of alternatives not previously completed.
Manor Lane: The Traffic Intrusion Study performed in 2001 was provided to Miami
Dade County Public Works Department for review and recommendations of alternatives
that were not previously implemented and of newly proposed speed tables.
Mango Terrace: The Traffic Study performed in 2008 was provided to Miami Dade
County Public Works Department for review and recommendations of traffic treatments
to be implemented.
Shops at Sunset Place/ SW 57th Court: Meeting was held on March 3, 2011, with the
shops and recommendations were made in order to complete the drainage
improvements.
Roadway Resurfacing and Sidewalk Repairs: Provided the City's Purchasing
Department with two possible contracts for road resurfacing and replacement of
damaged sidewalks for review and approval. Additionally, we are seeking estimates
from both vendors to implement the repairs as per the City's Capital Improvement Plan
(CIP).
City Hall Sewer Connection: Scope of work for City Hall sewer connection was
completed and will be sent to the City's previously approved engineering consultants for
design estimates.
City Manager's Report to Cormnission; March 15, 2011
City Manager's Report to Commissioners
Attachment C Pending Litigation
I. Ajibola Balogun, Case No.10- 18510. Alleged breach of employment
contract and whistle blower claims by former City Manager.
2. Ajibola Balogun — Public records lawsuit filed by former city manager.
3. Shirl Cornwall, Case No. 10- 52447. Alleged false arrest and battery claims by pro se
litigant relating to police encounters on 8/27/06 and 9/26/06.
4, Sherrell Cure, Case No. 10- 43963. Alleged discrimination and
negligence claims resulting from sexual encounter with past employee
Kelsey Toomer on 1/5/10.
15
S. Amanda Jessup, Case No. 08- 21571- CIV- SBITZ. Alleged false arrest and battery claims
relating to arrest on 3/31/04 by officers Max Valdes and Darby Wagner.
6. Alberto Sanchez, Case No. 10- 54606. Alleged negligent failure to provide security on
12/12/06 by off -duty police detail to patron of Martini Bar.
7. Julio Sanchez, Case No. 11- 03743. Alleged false arrest and battery claims relating to
arrest by Officer Vigil on 12/12/09.
8. Christian Moya — Federal case involving the alleged non - payment of wages to a former
IT employee.
9. Southeastern Investments (Zachariah) — Appeal to the circuit court of Commission's
decision to rezone property along 62 "d Ave.
10. Southeastern Investments (Zachariah) — Appeal to the circuit court of Commission's
decision to amend the city's comprehensive plan.
11. Southeastern Investments (Zachariah) — Challenge filed with the Dept. of community
Affairs regarding Commission's decision to amend the city's comprehensive plan.
12. Schwarze Industries — Lawsuit filed to compel a street sweeper manufacturer to repair a
streetweeper.
13. Barbosa— Forfeiture filed to attempt to claim ownership of Land Rover that was used in
a drug transaction.
14. Brothers Two Windows — Garnishment case filed against the city.
15. Remseaoliv — Bouganvilla Tavern's property owner filed a lawsuit challenging the
designation of its property as historic.
Other Important Pending Matters