Loading...
02-20-2007 Regular Meeting (2)• Barbara Estep, MMC VILLAGE CLERK MIAMI SHORES VILLAGE Office of the Village Clerk 10050 N.E.2nd Avenue Miami Shores, Florida 33138 Tel: (305) 795.2207 Fax: (305) 756.8972 E-mail: EstepB a(�,MiamiShoresVillage.com • • MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The Miami Shores Village Council held their regularly scheduled Council Meeting on Tuesday, February, 20, 2007 in the Council Chambers of Village Hall. The Meeting was called to order at 7:30 PM with the following individuals present: PRESENT: Al Davis JC Rodriguez Herta Holly Steve Loffredo Jim McCoy ALSO PRESENT: Tom Benton, Village Manager Barbara Estep, Village Clerk Richard Sarafan, Village Attorney CONSIDERATIONS 1) PLANNING & ZONING DEPARTMENT David Dacquisto A) APPEAL OF A PLANNING & ZONING BOARD DECISION TO DENY Sl1'h PLAN APPROVAL FOR THE INSTALLATION OF A SIRIUS BACKYARD OBSERVATORY AT 352 N.E. 98TH STREET. Mr. Loffredo indicated that he had a conflict and would recuse himself from the discussion and vote. All other Council members disclosed that they had had conversations with the Staff regarding the appeal. Mr. Sarafan reviewed the procedure for the appeal hearing, suggesting that the Council hear from the appellant, then Staff, then the appellant once again. Mrs. Nobili, the property owner and appellant, explained her request to install a fiberglass observatory in her yard to house her telescope. She stated that she applied for the building permit which the Village required in order to pour a concrete slab to anchor the observatory to. She indicated that the Building Department, in consultation with the Planning Director, would only issue the building permit subsequent to Planning & Zoning Board approval. Mrs. Nobili stated that she had submitted engineering reports and wind load tests to substantiate the conservatory's structural integrity. The Planning & Zoning Board denied the site plan approval/installation as the conservatory is of fiberglass material, not • masonry construction, as required by Section 523.1 of the Village Code. Mrs. Nobili believes that it is unfair that she cannot install the conservatory just because it is made of fiberglass. Mr. David Dacquisto, the Village's Planning Director, reviewed the file, indicating that the Village Code allows for concrete construction which includes accessory buildings. Mr. Dacquisto spoke of the few exceptions provided for in the Code, i.e. a metal shed is permitted, but no fiberglass structures are permitted. Mr. Dacquisto reiterated that the Building Official had denied the permit and the Planning & Zoning Board upheld the decision of the Building Official. Individual Council Members posed questions to Mr. Dacquisto relating to the provisions set forth in the Code. Mrs. Nobili spoke of her telescope and the fact that it cannot stay outdoors because it needs to be protected from the elements. However, she said that because of its size and fragility, she cannot move it in and out of her home each time she wants to view the skys. Mrs. Nobili again stated her belief that the Village is not being fair in their decision. Mr. Sarafan read the section of the Code referring to the appeal process and clarified the Council's role in the process. Mr. McCoy moved to uphold the determination of the Planning & Zoning Board. Mrs. Holly seconded the motion and the vote was three to one, with Mr. Rodriguez dissenting and Mr. Loffredo not voting. 2) VILLAGE CLERK Barbara A. Estep A) APPROVAL OF THE FEBRUARY 6, 2007 COUNCIL MEETING MINUTES. Mr. McCoy moved to approve the February 6, 2007 Council Meeting Minutes as submitted. Mr. Rodriguez seconded the motion and the vote was unanimous in favor of the motion. 3) VILLAGE MANAGER Tom Benton A) AWARD OF BID FOR JANITORIAL SERVICES TO CALVIN BUTLER'S CLEANING SERVICES. Mr. Benton provided background information on the item, indicating that the yearly total for the cleaning services exceeds his purchasing authority of $15,000. Mr. McCoy moved approval of janitorial services bid to Calvin Butler's Cleaning Services. Mrs. Holly seconded the motion and the vote was unanimous in favor of the motion. 4) ANNOUNCEMENTS The Clerk read the announcements. 5) PUBLIC COMMENTS No one present offered any comments. 6) COUNCIL COMMENTS Council Members spoke of the success of the Mayor's Task Force Ball which took place over the weekend. 7) ADJOURNMENT Barbara A. Estep, MMC Village Clerk Al Davis, Mayor FORM 8B . MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS 410LA E—FIRST NAME —MIDDLE NAME Davis, William Alfred MAILING ADDRESS 405 N.E. 99th Street CITY Miami Shores COUNTY Miami -Dade NAME OF BOARD, COUNCIL, COMMISSION, ALTHORTTY, OR COMMITTEE Miami Shores Village Council THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: CITY o COUNTY 0 OTHER LOCA[. AGENCY DATE ON WHICH VOTE OCCURRED 01/16/07 and 02/06/07 NAME OF POLITICAL SUBDIVISION: Miami Shores MY POSITION I& ELECTTIE 0 APPOINTIVE WHO MUST FILE FORM 8B 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 rson holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure • inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting o easure 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 pro- hibited 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). • • • * • * * * • * * • • * * * ELEL r>..2) 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 recording the minutes of the meeting, who should incorporate the form in the minutes. * * * * • • • * * • • • • • * * APPOINTED OFFICERS: You must abstain from voting and disclose the conflict in the situations described above and in the manner described for elected offi- cers. In order to participate in these matters, 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. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE WILL BE TAKEN: • ou 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. • 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 William (Al) Davis , hereby disclose that on 01/16/07 and 02/06/07 (a) A measure came or will come before my agen:w which (check one) 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, my spouse 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 vote regarding entering into a contractual agreement with Stobs Bros. Construction, a firm which my spouse has a partial interest through her family relationship. 1 Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLO- SURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACBMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 • REV. 1/95 PAGE 2 FORM 8B . MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME Davis, William Alfred NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Miami Shores Village Council G ADDRESS 405 N.E. 99th Street THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COlMMITTEE ON WHICH I SERVE IS A UNIT OF: UCITY O COUNTY 0 OTHER LOCAL AGENCY CITY COUNTY Miami Shores Miami -Dade NAME OF POLITICAL SUBDIVISION: Miami Shores DATE ON WHICH VOTE OCCURRED 01/16/07 and 02/06/07 MY POSITION IS: )5XELECTIVE 0 APPOINTIVE WHO MUST FILE FORM 8B 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 inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (i luding the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies er 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 pro- hibited 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). * a * * * * * * * * • * « « * * 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 recording the minutes of the meeting, who should incorporate the form in the minutes. * * * * * * * « * « * « * « « « APPOINTED OFFICERS: You must abstain from voting and disclose the conflict in the situations deecdbed above and in the manner described for elected offi- cers. In order to participate in these matters, 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. IF 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 ording the minutes of the meeting, who will incorporate the form in the minutes. tcopy 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. William (Al) Davis DISCLOSURE OF LOCAL OFFICER'S INTEREST , hereby disclose that on 01/16/07 and 02/06/07 (a) A measure came or will come before my ageney which (check one) inured to my special private gain or lass; inured to the special gain or loss of my business associate, --c inured to the special gain or loss of my relative, my spouse 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 vote regarding entering into a contractual agreement with Stobs Bros, Construction, a firm which my spouse has a partial interest through her family relationship. Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLO- SURE 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 88 - REV. 1/95 PAGE 2