2010-0727 Special City Commission Meeting

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Summary Minutes: Special City Commission Meeting July 27, 2010 Sunny Isles Beach, Florida Action: City Clerk Hines read the title, and Assistant City Manager/Finance MinaI Shah reported that this is a request to enter into a loan agreement with BB&T for $3.5 Million to be used for the payback to the Capital Projects Fund of$2.5 Million and for other stormwater related Capital expenditures. The term of the loan is for 15 years at an interest rate of 4.02%, which is currently locked in and is good until August 13,2010, and our expectant closing date is on Tuesday, August 10,2010. Public Speakers: none Commissioner Goodman moved and Commissioner Brezin seconded a motion to adopt the ordinance. Ordinance No. 2010-348 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Brezin ~ Commissioner Goodman ~ Commissioner Scholl yes Vice Mayor Thaler ~ Mayor Edelcup yes 4. ORDINANCES FOR FIRST READING 4A. Add-On: An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 33 of the Code of Ordinances Pertaining to Post Employment Restrictions Under the City Ethics Code; Providing for Purpose and Legislative Intent; Providing for Rules of Construction; Providing for Severability; Providing for Applicability; Providing for Inclusion in the Code; Providing for Repealer; Providing for an Effective Date. Action: [City Clerk's Note: Distributed prior to meeting. See additional action under Item 2, opening remarks by Mayor Edelcup.] City Clerk Hines read the title, and City Attorney Ottinot reported noting that shortly after incorporation the City Commission adopted its own Ethics Code because it imposes stricter guidelines than the Code of Ethics of Miami-Dade County. The City Code imposes a two-year ban on former elected officials and employees, the language is clear, and the two-year ban is the law. The only exception under the current Code is non-profit exception, which applies to former employees employed by non-profit and he/she represents a non-profit in hislher official capacity. The City has not issued an opinion in respect to non-profit exemption however the County Ethics Commission has strictly construed that exemption to effectuate the purpose of the two-year ban. For example, the County Ethics opined that an attorney cannot represent a non-profit before a City Commission that he has served as Commissioner because of the two-year ban. Over the years the City Attorney has consistently opined that former elected officials and employees cannot appear in any capacity for a City Commission until they have served the two-year cooling period. For example, he advised his predecessor that there was no quasi-judicial exception for lawyers under the City Ethics Code. City Attorney Ottinot said that this Ordinance is being presented to reaffirm and clarify the post employment restrictions of the City. It will affirm the two-year ban as the law of the City except the following five exemptions: 1) non-profit exemption; 2) judicial exemption if an employee is served with a subpoena in a court action; 3) zoning exemption if a former 2