03/14/1990 (2)
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Mr. Cardinal moved to continue Case No, 15-90 in order to obtain proper
service of notice. The motion was duly seconded and carried unanimously.
Case No. 16-90
Church of Scientology
Flag Service Organization, Inc.
210 S. Ft. Harrison Ave.
(Life Safety Code)
The Secretary informed the Board the Inspector has requested a 30 day
continuance as they are in the process of complying.
Mr. Cardinal moved to continue Case No. 16-90 for 30 days. The motion was
duly seconded and carried unanimously.
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UNFINISHED BUSINESS
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Lokey Motor Company
1220 US 19 South
Rehear Boar'd I s Order of 1/24/90
Affidavit of Compliance
The Assistant City Attorney stated the reason for this request is to rephrase
the Findings of Fact of the Board's order of 1/24/90 to be consistent with the order
issued for Ken Marks Ford, Inc. which was cited for the same violation, He stated
in both cases testimony referenced the site plans and number of parking spaces
designated on the plans. He stated the violation is the parking of the vehicles
as opposed to display.
Case No. 6-90
Donald McFarland, attorney for Lokey Motor Company, stated the original
violation is that of displaying vehicles for which the Board correctly issued the
order. He objected to rewording the order.
Alan Zimmet, attorney for the Boord, stated they cannot find a violation
different than that noted on the Affidavit of Violation. He stated the Board could
make a statement to clarify their understanding that the terms are interchangeable
with reference to vehicles. In response to a question, Mr. Zimmet stated the appeal
tim~, whether or not the order is amended, would be 30 days from consideration of
this request.
Mr, Cardinal moved to amend the Board I s order of January 24, 1990 under
Findings of Fact, after IIbeing displayedll and before lion grassy areas" add "and
therefore being parked.1I The motion was duly seconded and carried unanimously.
Mr. Aude abstained from voting due to a conflict of interest.
Mr. Cardinal expressed concern regarding what action brought Lokey Motor
Company into compliance. Attorney McFarland stated they were issued a temporary
permit by the City for tent display. Mr. Cardinal also questioned if the compliance
was issued before or after the permit was obtained. As the inspector was not at
the hearing, consensus was to not accept the affidavit of compliance until further
information is obtained.
CD
MeEB
2
3/14/90
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FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST N"ME-MIDL>U NAME NAME OF BOARD. COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
, Aude. Robert J.
MAILING .\DURESS
1719 Brentwood Drive
MUNICIPAL CODE ENFORCErmNT BOARD
THE IlOARD. COUNCIL. COMMISSION, AU-mORITY, OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
X en y ,COUNTY ' aTHER I.OCAl AGENCY
NAME OF POLITICAL SUBUIVISION:
\In'
COUNTY
Clearwater
L>ATE ON WHICH von, OCCURRED
Narch 14, 1990
Pinellas
MY POSITION IS:
ELECTIVE
xi APPOINTIVE
WHO MUST FILE FORM 88
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 commillee. It applies equally to members of advisory and non-advisory bodies who are presented
with a voting conflict of interest under Sectioll 112.3143, Florida Statutes. The requirements of this law are mandatory; although
the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law.
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 rC\'erse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures 10 the special
gain of a principal (other than a government agency) by whom he is retained.
In either case. you should 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 L...,.(;ERS:
A person holding appOintive county, municipal. or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each 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.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any altemptto influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
r~ You should complete and file this form (betore making any attempt to influence the decision) with the person responsible for
V recording the minutes of the meeting, who will incorporate the form in the minutes.
· A copy of the form should be provided immediately to the other members of the agency.
· The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
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IF YOU MAKE NO ATfEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You should disclose orally the nature of your conflict in the measure before participating.
· You should 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 should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I,
Robert Aude
, hereby disclose that on
l-larch 14,
, 19~:
(a) A measure came or will come before my agency which (check one)
-X inured to the special gain of
_ inured 10 my special private gain; or
Lokey Hotor Company
, by whom I am retained.
(b) The measure before my agency and the nature of my inlerest in the measure is as follows:
Lokey Hotors is client of Board member's firm.
abstai.ned from voting on two issues 3/14/90:
reconsideration of Board's order (amended)
consideration of affidavit of compliance
/IlHC# /(c; li10
Date Filed
tAL.
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~J12.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y 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 $5,000.
CE FORM MB. 10-116
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