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06-18-2013 Regular Meeting• Barbara Estep, MMC Waage Clerk IVliamiShores Vivae g Office of the Village Clerk 10050 N.E.2nd Avenue Miami Shores, Florida 33138 Tel: (305) 795.2207 Fax: (305) 756.8972 E-mail: Estepl3 MiamiShoresVillage.com MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The Miami Shores Village Council held their regularly scheduled Council Meeting on Tuesday, June 18, 2013, in the Council Chambers of Village Hall. The meeting was called to order at 7:30 PM with the following individual present: • PRESENT: • Herta Holly Jesse Walters Hunt Davis Ivonne Ledesma Jim McCoy ALSO PRESENT: Tom Benton, Village Manager Barbara Estep, Village Clerk Richard Sarafan, Village Attorney PRESENTATIONS Ms. Cheryl Gowing, Chair of the Library Board of Trustees, presented the Brockway Memorial Library Annual Report. CONSIDERATIONS 1) VILLAGE CLERK Barbara A. Estep, MMC A) APPROVAL OF THE JUNE 4, 2013 COUNCIL MEETING MINUTES. Councilman McCoy moved to approve the June 4, 2013 Council Meeting Minutes as submitted. Councilman Davis seconded the motion and the vote was unanimous in favor of the motion. B) APPOINTMENT TO LIBRARY BOARD OF TRUSTEES (1 vacancy) Applicants: David Benjamin David Cole Antonie Downs Misters Benjamin and Cole, as well as Ms. Downs were present and spoke on their own behalf. Council Members submitted their ballots and by a majority vote of 4 to 1, Ms. Antonie Downs was appointed to the Library Board of Trustees. C) APPOINTMENT TO CHARTER SCHOOL BOARD Applicants: David Benjamin Jonas Georges Alice Burch Dennis Kleinman (4 vacancies) Elizabeth Chowning Ted Kretzschmar Board Member Connie Benson received permission to speak on behalf of Ms. Burch who was not able to attend the meeting. In addition to Ms. Chowning; Misters Benjamin, Georges and Kleinman, were all present and spoke on their own behalf. Mr. Kleinman also spoke for Ms. Burch and Mr. Kretzschmar who were not present. Council Members voted on the four vacancies which resulted in Mr. Benjamin, Ms. Burch, Mr. Kleinman and Mr. Kretzschmar being appointed to the Charter School Board. D) APPOINTMENT TO THE PLANNING & ZONING BOARD (1 vacancy/1 year) Applicants: David Benjamin David Cole Michael Compo Jonas Georges Magdalena Jensen Hal Marshall Clark Reynolds Robert Swan Steve Zelkowitz Misters Cole, Compo, Reynolds, Swan and Zelkowitz, as well as Ms. Jensen, were present and spoke on their own behalf. Mr. Georges withdrew his name from the list of applicants. Mr. Benjamin was ineligible to serve as he had previously been appointed to the Charter School Board. Ms. Estep reminded those present that the appointment was for one year only in order to complete the unexpired term of Architect Victor Bruce who resigned his seat due to conflicts with his profession. The Council voted twice by paper ballot with the following results: Ballot 1: Magdalena Jensen = 1 Vote Clark Reynolds = 2 Votes Steve Zelkowitz = 2 Votes Ballot 2: Clark Reynolds = 2 Votes Steve Zelkowitz = 3 Votes By a majority vote of the Council, Mr. Zelkowitz was appointed to the Planning & Zoning Board. 2) VILLAGE COUNCIL Jim McCoy A) DISCUSSION AND POSSIBLE ACTION REGARDING WAIVING THE FEES ASSOCIATED WITH CLOSING N.E. 2ND AVENUE FOR THE PLANNED OCTOBER 26, 2013 STREET FAIR. Councilman McCoy provided information regarding his request, speaking of the similar request last year to provide in-kind services for the 2012 Chamber special event. Chamber President, Lance Harke, spoke of the planned "Green Day" street fair scheduled for October, indicating that the Chamber would be unable to cover the costs for services such as street closures and public works' assistance without the Village's assistance. Councilman McCoy moved to approve waiving the fees associated with closing N.E. 2nd Avenue for Green Day. Mayor Holly seconded the motion. The vote was 4 to 1 in favor ofthe motion with Vice Mayor Walters indicating that he has a conflict and abstained from the vote. 3) ANNOUNCEMENTS Ms. Estep read the announcements into the record. 4) PUBLIC COMMENTS None 5) COUNCIL COMMENTS Hunt Davis Councilman Davis expressed his thanks to the Police Department for their involvement in responding to the deck collapse at Shuckers Restaurant. In addition, Councilman Davis spoke of the upcoming budget process and urged residents to get involved. Ivonne Ledesma Councilwoman Ledesma thanked the Board applicants who stayed for the entire meeting, even though some had not been appointed. She encouraged people to apply again. Councilwoman Ledesma thanked Tom Benton for the great job he did during the recent flooding rains, pointing out that the flooding occurred at 5:00 PM on a Friday afternoon, requiring Public Work crews to be called back to work. Jim McCoy Councilman McCoy also thanked the Board applicants for their participation. Also, GO HEAT! Jesse Walters Vice Mayor Walters thanked the Board applicants for staying throughout the meeting. He also thanked Tom Benton for his work on ensuring that the restriping of N.E. 2nd Avenue was completed. Herta Holly Mayor Holly thanked County Commissioner Audrey Edmonson for sponsoring the upcoming July 4th fireworks. 6) ADJOURNMENT 14 The June 18, 2013 Council Meeting was adjourned at 8:30 PM. Barbara A. Estep, MMC Village Clerk • Herta Holly, Mayor FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME L%E72, NAME OF BOARD, COUNCIL, COMMISSION,.ALITHORITY, OR COMMITTEE lit74-[ Vk "--r-(iEI(G -e-clC <lJ MAILING ADDRESS � i / 1% �j �yd� /��� PE; ?I.(/' / V THE BOARD, COUNCIL, COMMISSION, AUTHORIT OR COMMITTEE ON WHICH 1 SERVE IS A UNIT OF: A COUNTY A OTHER LOCAL AGENCY CITY _ _CO(UN�TY�'CITY ,�1I4/0� U`Le , /444t. -14GFt� NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOT OCC RED 6 / L /mss' MY POSITION IS: "'ELECTIVE A 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 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), t 7 k ! t • t * ■ t it f ! t t 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 min- utes of the meeting, who should incorporate the form in the minutes. t t x • x 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. •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 recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 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. g6V1/4f-e, % DIISSCLOSURE OF LOCAL OFFICER'S INTEREST ` i.k/ ` , hereby disclose that on {a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; L �I 20/L- : inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, nured to the special gain or loss of C / rbJ �r r �e✓�� 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 f J®te71 LJ (P1- / - P1 4-, fi rs'l 01.7 C7Z:6 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, iii;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