02-05-2015 Regular Meeting CODE ENFORCEMENT BOARD MEETING MINUTES
Thursday,February 5,2015
The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday February 5, 2015, at
the Miami Shores Village Hall. The meeting was called to order at 6:00 pm.by Chairman, Robert Vickers.
Roll Call.
Present: Robert Vickers,Barry Asmus,John Patnik,Bob Smith,Manny Quiroga,Rod Buenconsejo,Barry
Perl
Will everyone that is going to testify tonight please raise your right hand and swear to tell the truth,the whole truth
and nothing but the truth.
In Attendance
Anthony Flores, Supervisor,Code Enforcement
Mike Orta,Officer,Code Enforcement
Jesus Suarez,Acting Village Attorney
FIRST HEARING
Summary Adjudication for 1St Hearings: Case(s): 10-1413272; 10-14-13276; 10-14-13294; 10-14-13301;
10-14-13307; 10-14-13318; 10-14-13379; 10-14-13380; 10-14-13382; 10-14-13383; 10-14-13384; 10-14-13401;
10-14-13402; 10-14-13410; 11-14-13431; 11-14-13433; 11-14-13435; 11-14-13436; 11-14-13494; 11-14-13498;
12-14-13523; 12-14-13535; 12-14-13542; 12-14-13550; 12-14-13555; 5-14-12655; 5-14-12656; 5-14-12657; 5-14-
12658; 5-14-12660;7-14-12919; 8-14-13035;9-14-13167;9-14-13172;9-14-13215;9-14-13217;9-14-13218.
MOTION: I move for summary adjudication of all such cases to include a finding of fact and conclusion of
law that a violation exists as charged in the respective notice of violations issued therein and that,in each such
case, the offending party shall correct the violation within time period specified and immediately notify the
Code Enforcement Officer when the property is brought into compliance. In each such case,if the violation is
not brought into compliance within such time period, the Code Enforcement Officer may report this fact
back to the Board in accordance with the Board's Rules and Regulations at which time a fine is hereby
authorized to be automatically assessed against the violator. In the respective daily amounts specified in
Staffs recommendations for tonight's hearing, retroactive to the original compliance deadline. Further,with
respect to each such case,costs in the amounts specified in Staffs recommendations for tonight's hearings are
hereby assessed in order to recoup the Village's expenses in prosecuting the violations to date."
Moved by Manny Quiroga,seconded by Barry Asmus
Motion: Passed Unanimously
Yes: Barry Asmus,John Patnik,Bob Smith,Rod Buenconsejo,Manny Quiroga,Barry Perl,Chairman
Vickers.
PENALTY HEARING
Summary Adjudication for Penalty Hearings: Case #'s: 10-14-13230; 10-14-13265; 10-14-13391; 6-
14-12804;7-14-12929;7-14-12930;7-14-12958;8-14-13041;8-14-13117;9-14-13190;9-14-13193;9-14-13208.
The officer, Anthony Flores, testified that Affidavits of Non-Compliance and evidence of
violation exists in each of the files.
Motion: I move that, in each case currently remaining on the penalty docket for tonight's hearing, each
respective violator be ordered to pay the daily fine previously adjudicated and authorized to be imposed
against them by prior order of the Board, retroactive from the day the violation was to have been corrected,
that upon recording,the Board's Order in this regard will constitute a lien on the property of the violator.
Moved by Manny Quiroga,seconded by Bob Smith
Vote:Passed Unanimously
Yes: Barry Asmus,Rod Buenconsejo,Barry Pert,John Patnik,Manny Quiroga,Robert Vickers,Bob Smith.
REQUEST FOR RELIEF
Case(s): 5-11-8608;6-13-11536; 6-13-11537
Owner: John Reed,Marilyn & Skip Reed
Address: 270 NE 104th Street,Miami Shores,FL 33138
Edward Reed, John Reed's father was present and testified that Mr. John Reed had been in and out of the
hospital. Mr. Edward Reed testified that Mr. John Reed had applied for all the permits. He said that the house
was in foreclosure. The Board asked questions and clarified that Cristina Reed had signed for the Notice and
Enforcement Order.
Motion: With respect to cases 5-11-8608; 6-13-11536; 6-13-11537 1 move that upon payment of
$10,500.00 within 30 days that the liens on this property be released.
Moved by Chairman Vickers,seconded by Bob Smith
Vote: Denied(Yes=2,No=5,Abstain=0)
Yes: Robert Vickers,Bob Smith
No: Rod Buenconsejo,Manny Quiroga,Barry Perl,Barry Asmus,John Patnik
Case(s): 12-11-9317; 12-07-3292
Owner: Camille Denis
Address: 10330 NW 2nd Avenue,Miami Shores,FL 33138
Mr. Denis was present and testified that his wife abandoned the house then she passed away. He testified that
the house was empty for 3 to 4 years. He also said that all the repairs were made. The Board asked questions.
Mr. Denis offered to pay$1.00 to release the liens.
The offer failed for lack of motion.
Case(s): 3-07-1821
Owner: Kenneth Wilkinson
Address: 225 NE 105th Street,Miami Shores,FL
Mr. Kenneth Wilkinson testified that they purchased the home then found that the house had many violations.
David testified that they had exhausted most of their funds in the process of correcting the violations. They
had the intention to pay until they found out they had all these extra violations. Mr. Flores clarified that the
violations are not violations until the Board finds so. The Board asked questions.
Motion: Upon receipt of$4,000.00 payable within 30 days that the lien be released
Moved by Barry Pearl,seconded by Manny Quiroga
Vote: Passed
Yes:John Patnik,Bob Smith,Manny Quiroga,Barry Perl,Chairman Vickers
No: Barry Asmus,Rod Buenconsejo
Case(s): 9-13-11820; 11-13-12091; 4-14-12500; 1-07-1473; 5-09-5728;5-09-5729; 5-09-5727
Owner: James& Yamileth Pozo
Address: 11028 NW 2 Avenue,Miami Shores,FL 33168
Mr. James Pozo was present and testified that he had purchased the property in 2009. He said that he was not
aware of the previous violations. He knew about the kitchen remodeling and the washer and dryer. The septic
tank was left uncovered. The broken pipe was also fixed and everything was brought into compliance. He said
that it took months before he got the permits..He testified that he inherited all but three of the violations. The
Board asked questions. Code Enforcement Officer Anthony Flores testified. The Board asked more questions.
Motion: With respect to cases 9-13-11820; 11-13-12091; 4-14-12500; 1-07-1473; 5-09-5728; 5-09-5729; 5-09-
5727 I move that upon payment of amended amount of$5,000.00 within 30 days that the liens on this
property be released.
Moved by Chairman Vickers,seconded by Bob Smith
Vote: Passed(Yes=4,No=3,Abstain=0)
Yes: Robert Vickers,Bob Smith,Manny Quiroga,John Patnik
No: Rod Buenconsejo,Barry Perl,Barry Asmus
Case(s): 2-09-5449
Owner: Ernesto Hernandez
Address: 9404 N. Miami Avenue,Miami Shores,FL
Mr. Ernesto Hernandez was present and testified that he had a kitchen remodeled. Mr. Vickers addressed the
issue of personal information to be destroyed after the meeting. The Board asked questions. Mr. Hernandez
testified that he had only put in new appliances and resurfaced the cabinets. The Board asked more questions.
Motion: With respect to cases 2-09-5449 I move that upon payment of$100.00 within 30 days that the
liens on this property be released.
Moved by Bob Smith,seconded by None
Vote: Failed for lack of a Second
Abstained: Barry Perl
No Vote taken
Case: 4-07-1907
Owner: Guillermo Feliz
Address: 1200 NE 96 Street,Miami Shores,FL
Julio Marrero, Esq. and Mr. Guillermo Feliz were present. Julio Marrero, Esq. proceeded to defend the fact
that Mr. Feliz had installed in front of the house. He said that Mr. Feliz had a contractor take down the
fountain. That his client was shocked when he learned that there was a lien on the property. Mr. Feliz testified
that he took down the fountain. The Board asked questions. Code Enforcement Officer Mike Orta testified that
he had many conversations with Lorenzo (contractor). The Board asked questions. Julio Marrero, Esq.
pointed out that proper notice was not given. He said that the offer they made was based on the full amount.
The Board asked more questions.
Motion: I move that upon receipt of$4,000.00 payable within 30 days that the lien be released
Moved by Barry Pearl,seconded by Bob Smith
Vote: Passed
Yes: Manny Quiroga,John Patnik,Bob Smith,Barry Perl,Rod Buenconsejo,Chairman Vickers
No: Barry Asmus
9
Case: 1-09-5310; 1-09-5311; 1-09-5314; 1-09-5315;4-10-6954
Owner: Alykay Investments
Address: 150 NE 1091h Street,Miami Shores,FL
Mr. Richard Hector the owner was present. Mr. Hector testified that he was an investor and he was going to
make just as much as the Village on this case. The Board asked questions. Code Enforcement Officer Flores
testified that the property was brought into compliance right away. The home was in bad condition and Mr.
Hector made it beautiful. The Board asked questions.
Motion: I move that upon receipt of$15,000.00 payable within 30 days that the lien on this property be
released
Moved by Barry Pearl,seconded by Bob Smith
Vote: Passed
Yes: Manny Quiroga,John Patnik,Bob Smith,Barry Perl,Rod Buenconsejo,Chairman Vickers
No: Barry Asmus
Case: 12-11-9429
Owner: Yvan& Kettly Frederick
Address: 9325 NW 2 Ct.,Miami Shores,FL
Mr. Yvan Frederick was present and testified that he did not get proper notice. The Board asked questions.
Code Enforcement Officer Mike Orta testified that the house looks good. The Board asked questions.
Motion: I move that upon receipt of$1,500.00 payable within 30 days that the lien on this property be
released
Moved by Rod Buenconsejo,seconded by Bob Smith
Vote: Passed
Yes: John Patnik,Bob Smith,Barry Perl,Rod Buenconsejo,Chairman Vickers
No: Barry Asmus,Manny Quiroga
MINUTES
Code Enforcement Board December 4,2014 minutes were approved.
Moved by John Patnik- Seconded by Bob Smith
Approved unanimously
NEXT MEETING
The next meeting will be on March 5,2015
ADJOURNMENT
February 5,2015 Code Board meeting was adjourned
Anthony lore's,Code Enforcement Supervisor Robert Vickers,thairman
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
AST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Perl, Barry Miami Shores Code Violation Board
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
Post Office Box 530858 WHICH I SERVE IS A UNIT OF:
CITY COUNTY ❑�CITY ❑COUNTY ❑OTHER LOCAL AGENCY
Miami Shores Village,Miami-Dade County NAME OF POLITICAL SUBDIVISION:
Miami Shores Village
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
February 5,2015 ❑ ELECTIVE APPOINTIVE
WHO MUST FILE FORM 813
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position: For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective'or appointive county, municipal,'or other;local public office MUST,ABSTAIN from voting on a measure which
nures to his'or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on'a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recoding the min-
utes of the meeting,who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side)
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Barry Perl , hereby disclose that on February 5 20 15
(a)A measure came or will come before my agency which(check one)
✓0 inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of by
whom I am retained; or
inured to the special gain or loss of which
is the parent organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
A request for relief by my neighbor Ernesto Hernandez of 9404 North Miami Avenue with whom I
have unwittingly had private conversations prior to the case being cited.
2,/ 6 - ell"_\ _
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF.1/2000 PAGE 2