06-18-2013 Regular Meeting•
Barbara Estep, MMC
Waage Clerk
IVliamiShores Vivae
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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
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NAME OF BOARD, COUNCIL, COMMISSION,.ALITHORITY, OR COMMITTEE
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MAILING ADDRESS
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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
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NAME OF POLITICAL SUBDIVISION:
DATE ON WHICH VOT OCC RED
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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),
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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.
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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.
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% 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;
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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:
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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