2005 0310 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting March 10,2005 City of Sunny Isles Beach, Florida Commissioner Iglesias moved a motion to approve the proposal on first reading, but it died due to the lack of a second. 7C. An Ordinance ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Repealing Ordinance No. 2004-210 Relating to Disclosure of Personal Investments that Might Create a Conflict with Official Duties; Amending Section 33-31(, Conflict ofInterest and the Code of Ethics to Prohibit Any Investment in Any Enterprise Which Will Create an Appearance of Conflict of Interest; Providing for Dissemination of Such Disclosure by City Clerk; Providing for Disciplinary Action; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date (Sponsored by Commissioner Iglesias) Action: City Clerk Hines read the title and City Attorney Dannheisser reported and noted that a substitute Ordinance was distributed with a minor amendment that would allow for any interpretation that needs to be rendered on this issue, should the ordinance pass, to confer jurisdiction on the Miami-Dade Commission on Ethics. Public Speakers: Mary Ann Eicke; Lila Kauffman; Murray Gold; Henry Kay; Isaac Aeilon Commissioner Iglesias said that back in July we passed this ordinance and even though he made various comments that it would deter people from running in public office because they cannot abstain from voting and he still voted in favor of it, and at that time he said he would come back with another ordinance which would make our Ethics law stronger and the strictest in the County because speakers at that time used the words ethics, appearance, perception, and the Mayor used a moral issue, and he believes this will clearly demonstrates that. He said that this City will take good ethical conduct to its highest form and avoid the perception that any employee or public official in this City will use their position for personal gain or favoritism, and that it would exceed the previous ordinance. Commissioner Iglesias thanked those people that spoke at that hearing, and Robert Meyers and Christina pzerkic from the Ethics Commission, and Howard Rosen from the State Attorney's Office for their valuable input. He noted that he had tapes from the July 22,2004 meeting, and quoted various speakers including the Commission. He said that it is very important to remember that nothing replaces common sense, and perception. Commissioner Goodman said that another statement he made at that hearing was if all five of them decided to do the same thing with Commissioner Iglesias who would be voting on these things as a Commission, in the past he said Commissioner Iglesias did and recused himself, so that is where the question arose. He said that who can be anybody here or any lawyer in Dade County that gets elected to any office can be in the same position. Vice Mayor Thaler said that the word appearance is the key word here and we need a definition of what appearance actually means. He said he stayed away from buying property in Sunny Isles Beach and he invested in other areas where there is no perception of wrong doing. He said for an example, if one of his investments would come in and buy Mr. Katz out, then he would have a substantial interest in Sunny Isles Beach and the real estate in Sunny Isles Beach where he has an investment, does that mean he has no vote relative to that? Commissioner Iglesias clarified that we need to address appearance because what is apparent to him may not be apparent to you. He said he has something with the help from the State 6