2012-0821 Special City Commission Meeting

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Summary Minutes:Special City Commission Meeting August 21,2012 Sunny Isles Beach,Florida they did respond properly, he has the law in his hand. Commissioner Scholl said based on our form, and if our form is ambiguous then he wants to understand that as well. They checked the form and said no employee, officer, director, and he sees "involved in management", and so how do you read it. City Attorney Ottinot said that this form is consistent with the State law, and the State law, just like this form, indicates that the employee has to be involved in management. After that issue was brought to his attention he researched further,this law has not been violated because it is consistent with the law. Mr. Silverio said he thinks he needs to read the last sentence because he thinks it is an "or" provision but nonetheless lets presume you have to be involved in more than just an affiliate. He read on the Local Business Tax Receipt, Miami-Dade County, State of Florida, September 2012,Lukes' Landscaping Inc.,Luke Faccarazzo,President. He is the President, and this is public record. Commissioner Scholl said he would rather scrap it, go back to the RFP process, and start with a clean process. Luke Faccarazzo said he did make an error in judgment but he has never ever even met any Miramar City Officials,never talked to any and so that statement was very bothersome to be accused of bribing a City Official. He is not the President of Lukes-Sawgrass and he would swear to that,obviously that is a renewal certificate in Dade County that needs to be updated but he would swear that he is not currently the President nor is he an executive member of Lukes-Sawgrass. He has a personal contract that they took excerpts out of and addressed anything that needed to be addressed. Mayor Edelcup asked him when he was last President of Lukes' and he said in 2009 he was actually the CEO. Mayor Edelcup asked whether from that day forward you were no longer President,and Luke said no,he was gone for two years, and he came back home. He is a lucky person,has been accepted by his family,church,and community. Regarding the company he used to work for, he has no ownership in the company whatsoever as Mr. O'Keffe stated. He sold the company and all of his interest in 1999, and he is strictly an employee of the company. Mayor Edelcup asked Marc Tulloch when he first heard of this discrepancy, when in the process of reviewing the selection of who would win the award, was it before, during or after? Mr. Tulloch said when he spoke to the City Attorney which was after the recommendation was already made. Commissioner Scholl said it is a question of our process and right now our process is being called into question. He further stated he is not fighting with one landscaper or another,that it is really a management decision based on the responses but he thinks we have a responsibility if our process looks tainted in any way to go back to the drawing board. From his perspective that is the right thing to do,he doesn't see why we are going to the mat over this issue when we have got these different items. He is not saying that the City Attorney did not research the law but they have got a set of arguments. City Attorney Ottinot said he does agree with Commissioner Scholl which is one of the reasons he asked for a withdrawal initially to ensure that we looked at the issue that was brought to his attention. If this was the initial recommendation obviously he wanted to 8