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1 City of South Miami
2 Special City Commission Minutes
3 May 3, 2011
4
5 CALL TO ORDER:
6
7 The City Commission of the City of South Miami, Florida met
8 in special session on Tuesday, May 3, 2011, beginning at 7:18
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, and,
14 Commissioners Velma Palmer, Brian D. Beasley and Walter A.
15 Harris.
16
17 Also in attendance were: City Manager Hector Mirabile and
18 City Clerk Maria M. Menendez.
19
20 ITEM (S) FOR THE COMMISSION'S CONSIDERATION:
21
22 RESOLUTION(S)
23
24 73 -11 -13387
25 A Resolution of the Mayor and City Commission of the
26 City of South Miami, Florida, appointing Thomas F.
27 Pepe as City Attorney; providing for an effective
28 date. 3/5
29
30 Moved by Commissioner Beasley, seconded by Mayor Stoddard
31 to approve this item.
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33 Commissioner Beasley said that the main problems that the
34 City is currently facing are those relating to land use and
35 employment issues; he said that we need an attorney with
36 experience in land use law to best carry out the will of the
37 residents. He said that we are also dealing with several EEOC
38 complaints, and that we need someone with proven experience to
39 handle these issues, and that person is Cynthia A. Everett; at
40 this point Commissioner Beasley proceeded to enumerate Ms.
41 Everett's extensive municipal experience, adding that she is
42 also a board certified labor and employment lawyer. At the
43 conclusion of his presentation, Commissioner Beasley said that
SPECIAL CITY COMMISSION MINUTES 1
May 3, 2011
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for all of these merits, Ms. Everett was the best person to fill
the position of city attorney.
Moved by Commissioner Beasley to appoint Cynthia A. Everett
as City Attorney for the City of South Miami. Seconded by Mayor
Stoddard.
Commissioner Palmer said that this matter should be handled
in a professional way by not saying anything negative about any
of the candidates present for the position of city attorney.
Commissioner Harris said that they had now the opportunity
to change the direction of our legal representation in the City;
we have a chance to get someone who is really honest,
intelligent, hard working, and non - political, and also important
it is the fact that he would be representing exclusively South
Miami, and that is Thomas Pepe.
Vice Mayor Newman said that she had a tendency to agree
with Commissioner Harris; in reviewing the firms, and based on
the credentials and the total package that each firm offers, she
said that she would be inclined to vote for Stearns Weaver
Miller Weissler Alhadeff & Sitterson; however, the major problem
with that firm is the cost, she added.
Commissioner Palmer said that all three firms have made a
great presentation and they all have something to offer, but at
this time, she said that she was in favor of Mr. Pepe; he has
shown that he can handle it, considering all of the issues going
on in the City; she also said that this is a small City which
could not afford the high cost of a big firm.
Commissioner Beasley asked
difference between a Request
Request for Proposals (RFP).
for clarification regarding the
for Qualifications (RFQ) and a
Mr. Velez explained that with both the RFQ and the RFP, you
have the different qualifications, and they provide certain
parameters for the Commission's consideration in this case;
unlike other forms of solicitation for pricing, the Commission
is free with the RFQ /RFP to decide what would be in the best
interest of the City.
At this time the Commission discussed the proposed fee from
both Mr. Pepe and Ms. Everett.
Mayor Stoddard said that
prerogative to go with a higher
conclude that it can't reach the
SPECIAL CITY COMMISSION MINUTES
May 3, 2011
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it would be the Commission's
price firm to negotiate and to
price it wishes, and then go to
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negotiate with a different candidate; then go to negotiate with
the third candidate; and finally, go back to the first or second
candidate. Therefore, he said that they are free to negotiate
with the three respondents, if they chose. He said that
committing to a single candidate tonight would not oblige then
necessarily. He said that the central issue here is price, and
that price can be negotiated. He said that if they decided to
select only one candidate out of the pool, then that candidate
would have all the negotiating power.
The motion to appoint Cynthia A. Everett as the City
Attorney failed by a 2 -3 vote:
Commissioner Palmer: Nay
Vice Mayor Newman: Nay
Commissioner Beasley: Yea
Commissioner Harris: Nay
Mayor Stoddard: Yea
Moved by Mayor Stoddard to amend the resolution by deleting
the word "permanent ". Seconded by Commissioner Beasley, the
motion passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
Moved by Commissioner Harris to appoint Thomas F. Pepe as
City Attorney for the City of South Miami. Seconded by
Commissioner Palmer, the motion passed by a 3 -2 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Nay
Commissioner Harris: Yea
Mayor Stoddard: Nay
There being no further business to come before this Body,
the meeting adjourned at 7:56 p.m.
Attest
Maria M. Menendez
City Clerk
SPECIAL CITY COMMISSION MINUTES
May 3, 2011
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Approved
Philip K. Stoddard
Mayor