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HomeMy WebLinkAboutReso 2008-1349 I RESOLUTION NO. 2008-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A CHARITABLE CONTRIBUTION TO THE MIAMI-DADE COUNTY LEAGUE OF CITIES TOWARD THE UNIFORM FIRE AND RESCUE SERVICES LITIGATION COSTS, IN THE AMOUNT OF ONE THOUSAND DOLLARS ($1,000.00); AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach has a tradition of participating and assisting various social services programs of interest and benefit to its residents and fellow man; and WHEREAS, Miami-Dade County placed on the November 4, 2008 Election Ballot an issue of Creating Uniform Fire and Rescue Services where cities will no longer be able to make a determination if they want to go with the County services or not; and WHEREAS, the Village of Indian Creek along with the Village of Pinecrest had two lawsuits against the County concerning the right to opt-out of the County Fire District and the ballot question regarding uniform Fire and Rescue Services; and WHEREAS, these cases went to both the Circuit and Appellate Courts and the Villages of Indian Creek and Pinecrest won these cases which has a positive impact on all of our municipalities in Miami-Dade County; and WHEREAS, Miami-Dade County League of Cities supported this position, they are now asking for contributions to help defray the legal costs for these two municipalities of which the cost of litigation may exceed $160,000; and WHEREAS, the City desires to give a charitable contribution to the Miami-Dade County League of Cities toward litigation costs, in an amount of One Thousand Dollars ($1,000.00). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Authorization of Donation. The City Commission hereby authorizes a charitable contribution to the Miami-Dade County League of Cities, in the amount of One Thousand Dollars ($1,000.00). Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this resolution. Section 3. Effective Date. This Resolution shall become effective upon adoption. R2008- Miami-Dade League of Cities Defense Fund Contribute $1,000 Page I of2 PASSED AND ADOPTED this 18th day of November 2008. , JIll) J " '1~t l orman S. Edelcup, Mayoy ATTEST: ~.~~ Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND LEGAL UFFICIENCY / Vote: 5-0 Mayor Norman S. Edelcup Vice Mayor Lewis J. Thaler Commissioner Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl R2008- Miami-Dade League of Cities Defense Fund Contribute $1,000 Moved by: r.o~ SCH:.QLL Seconded by: y\~ ~~'l-R. ~(Y es) ~Y es) ~Y es) ........ (Yes) 3Yes) _(No) _(No) _(No) _(No) _(No) Page 2 of2 Page 1 of 1 Ivonne Weiner From: Miami Dade League [mdclc@bellsouth.net] Sent: Friday, November 14,20082:52 PM To: 'Miami Dade League' Subject: Fire-Rescue Lawsuit Attachments: Letter to MDCLC President.pdf Dear Board Members: President Shirley Gibson and the Executive Board Members have asked that I write to you on their behalf with reference to the fire-rescue lawsuit initiated by Indian Creek Village. As you know, the victory in both circuit and appellate courts is very favorable to all our municipalities. Therefore, President Gibson and the Executive Board are asking each municipality, if possible, to assist Indian Creek Village by contributing a minimum of one thousand dollars ($1,000.00) to help defray with their legal costs. As you will read on the attached letter from Mayor Robert Diener, the cost of this litigation may exceed $160,000.00 and they did not have these funds budgeted for. Since the results of the lawsuit will have a positive impact on all our municipalities it is only fair that we unite and try to financially assist them. If you have any questions please contact Sam Kissinger, Village Manager at (305) 865-4121. The Checks should be sent directly to the Village not the League. As always thank you for your participation in making our municipalities and the League strong. Richar Kuper, Esq. Executive Director Miami-Dade County League of Cities 226 East Flagler Street, Ste. 200 Miami, FL 33131 (305) 416-4155 (305) 416-4157 mdclc@bellsouth.net www.mdclc.org ~ MDCLC ~ 11/14/2008 ROBERT DIENER MA YOR INDIAN CREEK VILLAGE, FLORIDA October 27, 2008 Shirley Gibson, President DR. SCOTT SEGAL, M.D. Miami-Dade County League of Cities VICE MAYOR 226 Esat Flagler Street - Suite # 200 Miami, FL 33131 GABRIEL GILlNSKI COUNCIL MEMBER JA VIER HOLTZ COUNCIL MEMBER BERNARD KLEPACH COUNCIL MEMBER C. SAMUEL KISSINGER VILLAGE MANAGER STEPHEN HELFMAN VILLAGE A 7TORNEY Dear President Gibson: Please be advised the Village of Indian Creek along with the Village of Pinecrest, have two (2) lawsuits against Miami-Dade County concerning our right to opt-out of the County Fire District and the ballot question regarding uniform Fire and Rescue Services. The Miami-Dade County League of Cities supports both of these two (2) positions. ~t~~~:'~~R~IMA This issue is larger that the opt-out provision and the ballot question. It ASSTTO VILLAGE MANAGER involves the protection of our rights of self-determination. At a recent meeting Miami-Dade County Commissioner Katy Sorenson suggested that the police function should be examined like the fire issue. In other words, eliminate local police services and replace with county police. This is a real threat to local governments in this county. We need to prevent the evasion of the rights and privileges of our communities by the County. Our cost may exceed $ 160,000. We have spent $ 85,000 to date. None of these funds were budgeted. These cases benefit all local governments. Any consideration would be helpful to win these cases and lessen the full financial burden to these two (2) communities. Thank you. Very Truly Yours, Robert Diener Mayor ce.: C. Samuel Kissinger, Village Manager Stephen Helfman, Village Attorney 9080 BA Y DRIVE, INDIAN CREEK VILLAGE. FLORIDA 33154-3212 VOICE 305.865.4121 FAX 305.865.2502 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 I 1 3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney ,Jane A. Hines, City Clerk MEMORANDUM DATE: November 18, 2008 TO: FROM: A. John Szerlag, City Manage" RE: Resolution Approving a Charitable Contribution to the Miami-Dade County League of Cities toward the Uniform Fire and Rescue Services Litigation RECOMMENDATION: It is requested that the City Commission adopt the attached Resolution approving a charitable contribution in the amount of One Thousand Dollars ($1,000.00) to the Miami-Dade League of Cities toward the uniform Fire and Rescue Services litigation costs. REASONS: Miami-Dade County placed on the November 4, 2008 Election Ballot an issue of creating uniform Fire and Rescue Services. If this amendment was approved, cities would no longer be able to make a determination if they want to go with County services or not. The Village of Indian Creek along with the Village of Pinecrest had two lawsuits against the County concerning the right to opt-out of the County Fire District and the ballot question regarding uniform Fire and Rescue Services. These cases went to both the Circuit and Appellate Courts and the Villages of Indian Creek and Pinecrest won these cases which has a positive impact on all municipalities in Miami-Dade County. Miami-Dade County League of Cities supported this pOSItIon, and they are now asking for contributions to help defray the legal costs for these two municipalities of which the cost of litigation may exceed $160,000.00. I am proposing that we make a charitable contribution of $1,000.00 to the Miami-Dade League of Cities toward these litigation costs. To be completed bv Department Head To be completed bv City ClerICs Oflice Funding available: Approval: l\genda Item No.: I 0 I Finance Department City Manager ----.lJ - \~ - O~ Commission Meeting Date: TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-31 13 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin. Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk MEMORANDUM Doug Haag, Assistant City Manager/Finance Linda Dosal, Assistant Finance Director \ J\~ Jane A. Hines, CMC, City Clerk ~ f'\ November 24, 2008 Approval of a Charitable Contribution to the Miami-Dade County League of Cities Toward the Uniform Fire and Rescue Services Litigation Costs At its regular meeting of November 18, 2008, the City Commission adopted Resolution No. 2008-1349, which approved the above-referenced item. Attached is the approving legislation for processing the check. Please forward check to me for inclusion of transmittal letter. Thank you. Attachments cc: A. John SzerIag, City Manager (memo only) Miamidade Co League Of Cities Contribution Memo City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl Commissioner A. John Szerlag City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk December 10, 2008 Richard Kuper, Esq. Executive Director Miami-Dade County League of Cities 226 East Flagler Street, Suite 200 Miami, Florida 33131 Re: Charitable Contribution to Miami-Dade League of Cities At its meeting of November 18, 2008, the City Commission adopted Resolution No. 2008-1349, which approved a One Thousand Dollar ($1,000) charitable contribution to Miami-Dade County League of Cities toward the uniform fire and rescue services litigation cost. Enclosed is a copy of the approving legislation and Sunny Isles Beach check no. 37601 in the amount of $1,000. Thank you. ~ truly yours, ~,,~OOqU-=-~c-; Priscilla Walker, CMC Deputy City Clerk/Office Manager Enclosures MDC League of Cities Donation ($1,000) Trans Ltr THE CITY OF SUNNY ISLES BEACH 18070 COLLINS AVE . SUNNY ISLES BEACH; FL 33160-2723 SUNTRUST, MIAMI, N.A. MIAMI, FL33131-2806 63-60/660 376~ 37601 ~? ONE THOUSAND DOLLARS AND 00 CENTS ~de A/noun.? .%de (!j/'deP co/. 12/03/2008 ~ $1,000.00 MIAMI-DADE COUNTY LEAGUE OF CITIES 226 EAST FLAGLERSTREEET SUITE 200 MIAMI FL 33131 cD~HO~ 1110 :l ? bO .111 ",1:0 b bOOO bO ~I:O 599000 .5 :l .7.111 M' ""'" , , SECURITY FEATURES INCLUDED. DETAILS ON BACK. .,:-.... 11/24/08 112408 DONATION INVOICE NO. COMMENT AMOUNT DISCOUNT 37601 ~ -----r;omr:oo THE CITY OF SUNNY ISLES BEACH CHECK: 37601 12/03/08 MIAMI-DADE COUNTY LEAGUE OF TOTAL $1,000.00