2005 0210 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting February 10,2005 City of Sunny Isles Beach, Florida Action: City Clerk Hines read the title and Mayor Edelcup asked why are we voting on this tonight when we voted on this at the December 9, 2004 City Commission meeting. Commissioner Goodman said he listened to the tapes from that meeting and he read the recommendation from that item, and under additional information, which was reported by the City Manager, "The Dezer Trump Organization, through my contact with Mr. Gil Dezer, has offered to contribute 50% ofthe cost of this commemorative item.", and Commissioner Goodman said when the City Manager reported the recommendation and the reasons, it was his interpretation that the Commission was voting on accepting that money. He said he listened to the tape and the City Manager did say something of a different nature, but he thinks that it was part of the motion and that is what he voted on. Commissioner Iglesias asked the City Attorney, if we get a donation don't we have to accept it, and City Attorney Dannheisser said yes you have to accept it, and that the City Manager announced at that same meeting that he would have to come back before you in order for you to accept the donations, which is what he is doing now. Commissioner Iglesias said if you meet outside the Sunshine Law, like some Commission members met [February 3, 2005 regarding the Government Center Grand Opening] and you discuss something that's going to come before us, it is a violation. Commissioner Goodman said the meeting he attended didn't discuss anything but the program. Mayor Edelcup said there were a lot of misunderstandings, a lot of the Commissioners thought that we approved this in December, we still think that, and if we didn't, we will approve it today. He said that staff had the opportunity to notice this meeting [February 3, 2005] and staff did not notice this meeting, there were a lot of mistakes made at the staff level and perhaps at the Commission level. City Manager Russo said that at the December 9th City Commission meeting, the resolution was approved for the purchase of the crystals, and that this would have to come back to the Commission with regard to the donations. He said he is directing his staff not to participate in any meetings that are not properly, legally noticed, and the person that's going to make that determination is the City Clerk, and ifthe City Clerk has any question about that, the City Clerk will check with the City Attorney, which is our procedure, and that's what happened in this case. Commissioner Goodman said in the event that we made an honest mistake, to clarify the situation we can refuse to accept the donation which would clarify everything, and Commissioner Iglesias said no it would not, the point is it came before us whether you accept it or not accept it. Mayor Edelcup offered a compromise that we will vote on the issue, still believing that when we voted in December, that we had voted on this issue, but to clarify any misunderstandings we will vote on it again today, but that the resolution reflects that it is the reflection of the majority of this Commission, that they thought they had voted on it in December and the minutes ofthis meeting today should reflect that comment. He asked the City Attorney if that would be satisfactory and City Attorney Dannheisser said that she gave her instructions with regard to that meeting on the record and it is the Commission's choice how they want to proceed. Mayor Edelcup said he recommends that the Commission vote on this issue with the resolution stating that it is the belief ofthe majority of this Commission that they had voted on this in December but apparently upon listening to the tapes we have found that it is incorrect and therefore we are voting on it today to clarify that misunderstanding. ]3