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03-20-2002 Regular Meeting (2)• MIAMI SHORES VILLAGE HISTORIC PRESERVATION BOARD MINUTES A regular meeting of the Miami Shores Village Historic Preservation Board was held at Village Hall on Wednesday, March 20, 2002. The meeting was called to order at 7:30 p.m. by Chairman Bittner with the following members present and absent: Present: Warren Bittner, Chairman Maria Temkin, Vice Chairperson Carolyne Cadwallader, Member Martha Anne Collins, Member William Tenney, Member Fred Newman, Member Absent: Suzanne Blas, Member AGENDA ITEMS APPROVAL OF MINUTES OF FEBRUARY 4, 2002 Ms. Collins pointed out three typos on page 1. After a motion duly made by Mr. Newman, and seconded by Ms. Cadwallader, the minutes were unanimously approved as revised. PUBLIC HEARING ITEMS 1. REQUEST FOR DESIGNATION 540 N.E. 96th Street APPLICANTS: Dr. and Mrs. Daniel Weingrad Mr. Bittner reported that he had been contacted by Mrs. Weingrad this date, who advised him that she and her husband could not attend the meeting because of a surgery Dr. Weingrad was performing that evening. Mr. Bittner advised that Mrs. Weingrad had requested that the Board proceed in their absence. After reviewing the history and architecture of the home, Ms. Temkin moved to recommend that the Village Council designate the subject property, which was seconded by Mr. Newman, and passed unanimously. 5. REPORT FROM CHAIRMAN re Village Attorney's inquiry to Chairman concerning recent Board action on February 4, 2002, concerning denial of Application for Certificate Of Appropriateness to pressure clean hand -made clay • Historic Preservation Board Regular Meeting March 20, 2002 Page 2 tile roof requested by Mr. & Mrs. Nobili, 352 N.E. 98th St., and Chairman's response thereto. This item was introduced together with the correspondence between Mr. Bittner and Mr. Sarafan, regarding the Board's prior decision regarding this property. There was brief discussion. Mr. Tenney moved to adopt and approve the response of the Chairman to the Village Attorney, which was seconded by Ms. Temkin, and passed unanimously. 2. REQUEST FOR CERTIFICATE OF APPROPRIATENESS 287 N.E. 96th STREET APPLICANTS: Warren Bittner & Barbara Bittner Maintenance or Repair: Repaint Exterior Walls and Trim with same colors as existing to comply with Code Enforcement Citation, dated 3/4/02 Mr. Bittner, a co-owner of this property, turned the meeting over to the Vice - Chairperson, Ms. Temkin, and filed Form 8B, "Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers", which is attached to these minutes as required by law. Mr. Bittner presented the Application, and indicated that although the house really didn't need repainting, he was willing to do it. The Application proposed painting the masonry walls Behr, "Victorian Linen", and the wood trim Behr, "Medieval Brown", as per the samples attached to the Application. Mr. Newman moved to approve the Application, which was seconded by Ms. Collins, and passed unanimously. 3. REQUEST FOR CERTIFICATE OF APPROPRIATENESS 287 NE 96th Street APPLICANTS: Warren Bittner & Barbara Bittner Maintenance or Repair: Pressure clean hand -made clay barrel tile roof to comply with Code Enforcement Citation, dated 3/4/02 Again, Mr. Bittner, as a co-owner of this property, filed Form 8B, "Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers", which is attached to these minutes as required by law. Mr. Bittner again presented the Application, and other evidence, including current photographs of the property, an historic color Postcard of Pueblo Feliz, Miami Shores, FL, excerpts from Thelma Peters' Biscayne Country, and a letter of even date received from Walter Marder, AIA, Florida Secretary of State, Division of Historical Resources. Mr. Bittner was cross-examined by Mr. Sarafan, the Village Attorney. Much discussion ensued between Mr. Bittner, Mr. Sarafan, Mr. Benton (Village Manager) and the Board. Mr. Sarafan moved to dismiss the Application based on lack of jurisdiction because Mr. Bittner was seeking a denial of the Application. Mr. Newman seconded. The Board unanimously denied the Village Attorney's motion to dismiss, and Mr. Sarafan and Mr. Benton left the Chambers. After • Historic Preservation Board Regular Meeting March 20, 2002 Page 3 hearing from additional witnesses, including an expert in the field of historic roofing (Mr. Daniel Arguelles), the Board voted to deny the Application as being inconsistent with the Secretary of Interior's Standard's for Rehabilitation No. 7. The motion to deny was made by Ms. Collins, seconded by Mr. Newman, and passed unanimously. [Note: for a complete narrative of this portion of the meeting, interested parties should request a copy of the transcript of the court reporter, which is on file with the Village Clerk]. ANNOUNCEMENTS/COMMENTS 4. APPROVE RECONCILIATION OF INCOME AND EXPENSES Miami Shores Historic Home and Garden Tour Saturday, March 9, 2002 After presenting receipts for expenses incurred, the tour showed a profit of $273.48. Members expressed their satisfaction with the results of the tour. Many in attendance complimented the Board's efforts. 6. PREPARE RECOMMENDATION FOR VILLAGE COUNSEL re: Miami -Dade County Proposed Revisions to Historic Preservation Ordinance of County -wide Application The document concerning this item was distributed, however, no discussion occurred since the public hearing portion of the meeting had been so lengthy. Board members were requested to read this document for discussion at the next meeting. 7. WORKSHOP OF BOARDS Due to the Village Attorney's comments concerning conflict between this Board and other Boards raised this evening, and due to prior conflicts where the Historic Preservation Board felt that its decisions had been disregarded by other Boards, Board Members requested that Ms. Temkin draft a letter to Mr. Benton requesting a joint workshop between this Board, the Code Enforcement Board, and the Planning and Zoning Board, in order to clarify their respective roles, and to encourage working together in a more collaborative manner. ADJOURNMENT Mr. Bittner adjourned the meeting at 9:3 ittner, Chairman • FORM 8B MEMORANDUM OF VOTING CONFLICT FOR . COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME- FIRST NAME -MIDDLE NAME TTNP.R, WARREN R. NAME OF BOARD. COUNCIL, COMMISSION. AUTHORITY. OR COMMITTEE HISTORIC' PRRSF.RVATTf1N RnARn �FIT AILING ADDRESS 287 NE 96th STREET THE BOARD, COUNCIL, COMMISSION. AUTHORITY OR COMMITTEE ON WHICH I SERVE ISA UNIT OF: XX O CITY D COUNTY D OTHER LOCAL AGENCY CITY MIAMI SHORES, COUNTY MIAMI—DADE NAME OF POLITICAL SUBDIVISION: MIAMI SHORES VILLAGE DATE ON WHICH VOTE OCCURRED MY POSITION IS: D ELECTIVE APPOINTIVE WHO MUST FILE FORM 86 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 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 special private gain. Each elected or appointed Local officer also .is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain 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, 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 recording the minutes 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. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WLL 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. • 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. CE FORM 8B - 10-91 PAGE 1 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THErMEETING: • • 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 oth� 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 WARREN BITTNER , hereby disclose that on Mcier-V%Zc) 2 OOZ , (a) A measure came or will come before my agency which (check one) X inured to my special private gain; - inured to the special gain of my business associate, - inured to the special gain of my relative, - inured to the special gain of , by whom I am retained; or - inured to the special gain 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: MEASURE: APPAIC TION FOR CERTIFICATE OF APPROPRIATENESS NATURE OF CONFLICTING INTEREST: I AM THE OWNER OF THE PROPERTY FOR WHICH THE CERTIFICATE IS BEING APPLIED FOR. 1'(1 osc.Vn 20 � 7607, Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUT §112.317 (1991), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND M:.` BE PUNISHED BY ONE OR MORE OF THE FOLLOWIlik IMPEACHMENT, REMOVAL OR SUSPENSION FRO OFFICE OR EMPLOYMENT, DEMOTION, REDUCTIONW SALARY, REPRIMAND, OR A CIVIL PENALTY NOT 0 EXCEED $5,000. CE FORM 8B - 10-91 PAGE 2 • FORM 8B MEMORANDUM OF VOTING CONFLICT FOR ' COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME- FIRST NAME -MIDDLE NAME RTTTNF'.R, WARREN R. NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE HTSTnRTC PRPRPRVATTfN RQARfl 1 MAILING ADDRESS 287 NE 96th STREET THE BOARD. COUNCIL, COMMISSION. AUTHORITY OR COMMITTEE ON WHICH 1 SERVE ISA UNIT OF: XX 0 CITY 0 COUNTY 0 OTHER LOCAL AGENCY CITY MIAMI SHORES, COUNTY MIAMI—DADE NAME OF POLITICAL SUBDIVISION: MIAMI SHORES VILLAGE DATE ON WHICH VOTE OCCURRED MY POSITION IS: 0 ELECTIVE X 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 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 special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain 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, 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 recording the minutes 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. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WLL BE TAKEN: 11 • 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. • 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. CE FORM 8B - 10-91 PAGE 1 if IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE IVIEETINC1:. • • 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. WARREN BITTNER DISCLOSURE OF LOCAL OFFICER'S INTEREST , hereby disclose that on 1 206 Z , t4® (a) A measure came or will come before my agency which (check one) X inured to my special private gain; - inured to the special gain of my business associate, - inured to the special gain of my relative, - inured to the special gain of , by whom I am retained; or - inured to the special gain 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: MEASURE: APPLICATION FOR CERTIFICATE OF APPROPRIATENESS Xhimti''3 NATURE OF CONFLICTING INTEREST: I AM THE OWNER OF THE PROPERTY FOR WHICH THE CERTIFICATE IS BEING APPLIED FOR. r ccck 2-t) 2662. Date Filed 411/111 1 Sign re • NOTICE: UNDER PROVISIONS OF FLORIDA STATUT §112.317 (1991), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND M ' BE PUNISHED BY ONE OR MORE OF THE FOLLOWIl IMPEACHMENT, REMOVAL OR SUSPENSION FRO «OFFICE OR EMPLOYMENT, DEMOTION, REDUCTIONIIII SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 813- 10-91 PAGE 2