2004 0722 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting July 22,2004 City of Sunny Isles Beach, Rorida Goodman, let's work on this one and the Commission can always bring another one forward. City Attorney Dannheisser said as long as it is not a material amendment it could be passed on second reading tonight. Public Speakers: Kathleen Kennedy; Sarah Sanchez; Ralph Sanchez; Domonico/LaFusta; Mercy Rodriguez; Luis Perez; Bud Scholl; Jack Cohen; Henry Kay; Robert Meyers, Miami-Dade County Ethics Commission Commissioner Iglesias said that he agrees that there should be no connection between an investment and a vote which is the reason he abstained to vote. Commissioner Brezin made a motion to amend the Ordinance to state "those that sit on the Commission would not be allowed to purchase an apartment until the Certificate of Occupancy is in place for at least two years," and the motion failed for the lack of a second. Vice Mayor Goodman asked City Attorney Dannheisser when a CO is issued to a building, if there are apartments that were not sold, the developer has to pay the real estate tax, and City Attorney Dannheisser said yes, the developer pays the tax until the title is transferred. Vice Mayor Goodman made a motion that no elected official would be able to purchase from a developer prior to issuing the CO for the building which in his interpretation means once the CO is issued for the building, they go on the tax rolls, and if there are empty apartments the developer has to pay the taxes. City Attorney Dannheisser asked Robert Meyers of the Miami-Dade County Ethics Commission, for an interpretation. Commissioner Iglesias said that we are trying to set higher ethical standards here and suggested that in addition to what you are saying, that enterprises or their representatives shall not make investments in corporations or businesses or a member of the Commission have a private interest, and asked for Mr. Meyer's opinion. Robert Meyers of the Miami-Dade County Ethics Commission said one of the reasons he came here was to get a sense of what the Commission's intent was, and if your intent is when you describe enterprise very narrowly just to focus on buying property, that is one thing, but the Ethics Commission would tend to define enterprise very broadly which would include commercial interests, real estate interests, business interests, the definition of enterprise goes well beyond just buying real estate in a building. He also noted that there is a section in the County Code that deals with this and handed out The Conflict of Interest and Code of Ethics Ordinance Pamphlet and pointed out Section (1) on page 12: "Prohibited Investments. No person included in the terms defined in Subsections (b)(l) through (6) shall have personal investments in any enterprise, either himself or through a member of his immediate family, which will create a substantial conflict between his private interests and the public interest." He said the reason he brings it up is because the County Code of Ethics which does apply to the City of Sunny Isles Beach does deal with personal investments and does deal with enterprises, and their interpretation of that Code has been a fairly broad one. He said he needs to know that because when they render their advisory opinions or conducts an investigation is to get a sense of what your legislative intent is. Mayor Ede1cup said the legislative intent was to have an issue wherever we would be called upon to have a vote if there was no voting issue then we were excluding 5