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<br />- <br /> <br />Summary Minutes: Special City Commission Meeting August 10,2010 <br /> <br />Sunny Isles Beach, Florida <br /> <br />Commissioner Goodman noted that he will be leaving office but he will still be an interested <br />citizen of Sunny Isles Beach, and at times he may want to come before the Commission to <br />speak on certain issues, would this be an issue that would affect him for two years. City <br />Attorney Ottinot responded that there is a waiver provision under this Code, and that decision <br />is at the discretion of the Commission, and there are numerous exemptions. Mayor Edelcup <br />said each incident will have to be looked at. City Attorney Ottinot said it is a case by case <br />review of the facts but nevertheless the waiver provision would apply. <br /> <br />Roxanne Feldman of Becker and Polikoff said that they object to this ordinance modification <br />because they believe it is specifically aimed at Robert Solera's testimony at the Historic <br />Preservation Board Meeting and Commission Meeting, and they don't believe legally that it <br />can apply retroactively. City Attorney Ottinot said he disagreed, he believes this modification <br />is a reaffirmation of our current Code and reestablishes our principle that any employee or any <br />elected official must sit out two years before appearing as a lobbyist, as a witness, as an <br />attorney before this City Commission or Board. The Commission of Ethics Executive <br />Director who was here at the first meeting, concurred that our Code can be stricter than the <br />County Code and that is the purpose to reaffirm opposition. <br /> <br />Mayor Edelcup noted that we had this issue once before us as well with the former City <br />Attorney who had to wait the two-year period before she could come before this Commission. <br />City Attorney Ottinot said the former City Attorney had relied on the County Code, and his <br />legal opinion that was issued in 2006 stated that she could not appear before the City <br />Commission. <br /> <br />Commissioner Scholl moved and Commissioner Brezin seconded a motion to adopt the <br />ordinance. Ordinance No. 2010-349 was adopted by a roll call vote of 5-0 in favor. <br />Vote: Commissioner Brezin ~ <br />Commissioner Goodman yes <br />Commissioner Scholl yes <br />Vice Mayor Thaler yes <br />Mayor Edelcup yes <br /> <br />4. RESOLUTIONS <br /> <br />4A. Add-On: <br />A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, <br />Establishing a Fact Finding Beach Environmental Committee; Providing for Authority of <br />the City Manager and City Attorney to Do All Things Necessary to Effectuate this <br />Resolution; Providing for an Effective Date. <br /> <br />Action: [City Clerk's Note: Distributed prior to meeting. See additional action under Item <br />2. Mayor Edelcup 's opening remarks.] City Clerk Hines read the title, and Mayor Edelcup <br />reported noting that the Committee would serve in a advisory capacity to the City <br />Commission consisting of the Vice Mayor, the City Manager or his designee, and a resident <br />with an interest in the beach environment issues impacting the City. He said the reason for <br />this resolution came about primarily because of a negative article that appeared recently in <br />the newspaper saying that Sunny Isles Beach beaches were not safe to swim in, and we <br />corrected the issue as it related to those findings. Because there has been a series of times <br /> <br />2 <br />