04/10/1991 (2)
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FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
l.AST NM,It; "IIlSI SM,II' 10111>1)1.12 :-IAMf..,
NAME O"IIOAKO. COUNCII~ COM MISSION. AUTHoRrrt. OR l'OMM IlTEE
Aude
Robert
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CI'\'Y
Clearwater
l>^TE ON WHICH V01'E OCCURRED
April 10, 1991
COUNn'
Pinellas
Municipal Code Enforcement Board
TH E IlOARO. COUNCil. COMMISSION. AUTHORI1"Y OR <:OMMllTEE ON
WHICH I SERVE IS A lINITOF:
~ CI1')' C COUNlY 0 OTHER l.oeAI.AGENCY
NAME Or I'OI.ITICAL SUIlOIVIS,ON:
N/A
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M^II,IN(; ,\I)1)Mr~...s
1719 Brentwood Drive
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MY rosmoN IS;
C El.Emve i:! APl'OlNTIVE
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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 conmct of interest under Section 112.3143. Florida Statutes.
Your responsibilities under the law when faced with a measure in which you have a con/1ict of interest will vary greatly dependiJ;18
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 riling the form.
INSTRUCTIONS FOR COMPLIANCl: WITH SECTION 112.3143, FLORIDA STATUTES
ELEcrED OFFICERS:
A person holding elective county. municipal. or olher local public office MUST ABSfAI N from voting on a measure which inures
to his special private gain. Each local officer also is prohibiled from knowingly voting on a measure which inures to the spedal
gain of a principal (olher than a government agency) by whom he is relained.
In either case. you should disclose the connict:
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; ,;.o:d
WITHIN 15 DAYS AFTER THE VOTE OCCU~S by completing and riling this form with the person responsible for recording
the minutes of the meeting. who should incorporate the form in the minules,
APPOINTED OFFICERS:
A person hOlding appointive councy, 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 maner in which he has a connicl of interest. but must
disclose the,~ature of the conf1ict before making any attempt to innuence the decision by oral or wriuen communication, whelher
made by the officer or at his direction.
IF YOU INTEND TO MAKE A.NY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
· You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recOrding the minules of the meeting, who will incorporate the form in the minutes.
· A copy of the form should be provided immediately to the olher members of the agency.
· The form should be read publicly at the meeting prior to consideration of the matter in which you have a canl1iet of interest.
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IF YOU MAKE NO A ITEMPT TO I NFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You should disclose orally the nature of your connict 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
(.
Robert Aude
, hereby disclose that on
,April 10
,19~:
(a) A measure came or will come before my agency which (check one)
_ inurcu to i'lIY sp\:cia! pn...:ltc ;;ain; or
~nured to the special gain of (Ji101/l ~..., GY[;1/!({f/f1~ r~RJN'lltfNCG
1(}<1(J7A
(b) The measure before my agency ;a.nd the nature of my interest in the measure is as follows:
. by whom I am retained.
r fl()J <1ff/C~f.. //11 W/Uf/l7rltJ It(cC(f1TEl'T~ CfllltrT0?e-o)
/f t&f<P, (vH1CH pe:r.ftJfCfYl:5 CdN?iIt:7/1/6 ?[Z/l/eG f&f(..
T(i~ /tf;r;JtJ{. Lr /ff DJ Ol!/IZDZ 5111 P
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Date
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Si'nat ure
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NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317 (1985), A FAIWRE TO MAKE ANY REQUIV
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAYBE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, R.EMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
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In response to questions, Ms. King stated this is a recurring violation. She
stated the property has been cleared in the past.
Mr. Zinzow moved that concerning Case No.1 of Public Nuisance Clearing List
91-4-1 regarding violation of Section 95.04 of the Clearwater City Code on property
located at about 1122 Sunset Pt. Rd. a/k/a Sunset Pt. Replat, Lot 28, the Municipal
Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board
hearing held the lOth day of April, 1991, and based on the evidence, the Municipal
Code Enforcement Board enters the following Findings of Fact, Conclusions of Law,
and Order.
The Findings of Fact are: after hearing testimony of Janice King, Code
Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A-
a copy of the legal notice and photographs, it is evident that there exists the
excessive growth or accumulation of weeds, undergrowth or other similar plant
materials at the above address.
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The Conclusions of Law are Evelyn H. Leahon, Tre. is in violation of Section
95.04.
It is the Order of this Board that Evelyn H. Leahon, Tre. shall comply with
Section 95.04 of the Code of the City of Clearwater within 10 days (4/20/91). Upon
failure to comp.y within the time specified, the City Manager may authorize the
entry upon the property and such action as is necessary to remedy the condition,
without further notice to Evelyn H. Leahon, Tre. The City Commission may then adopt
a Resolution assessing against the property on which remedial action was taken by
the City the actual cost incurred plus $150.00 administrative cost. Such cost shall
constitute a lien against the property until paid. A Notice of Lien, in such form
as the City Commission shall determine, may be recorded in the Public Records of
Pinellas County as other liens are recorded. If the owner takes remedial action
after the time specified, the City Commission may assess the property the $150.00
administrative cost. Such cost shall constitute a lien against the property until
paid. Upon complying, Evelyn H. Leahon, Tre., shall notify Janice King, the City
Official who shall inspect the property and notify the Board of compliance. Should
a dispute arise concerning compliance, either party may request a further hearing
before the Board. The motion was duly seconded and carried unanimously.
Done and Ordered this 10th day of April, 1991.
Gilbert G. Jannelli
909 S. Ft. Harrison Ave.
(Life Safety/Fire Code)
Complied Prior
The Secretary to the Board stated a memo had been received requesting this
case be withdrawn as the violation has been corrected.
Case No. 17-91
Case No. 18-91
Allyn Ayres & Randall B. Bryan
501 S. Missouri Ave.
(Land Development COde/Signs)
Rick Rosa, Code Inspector, requested withdrawal of Case No. 18-91 as the
violator has come into compliance by obtaining the required permit.
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Mr. Cardinal moved to withdrawn Case Nos. 17-91 and 18-91 as requested by the
Inspectors. The motion was duly seconded and carried unanimously.
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Case No. 20-91
Mike Dozios d/b/a J & M Tinting & Detail
2868 Gulf to Bay Blvd.
(Land Development Code/Signs)
Mike Dozios agreed that the violation did exist. He stated that, while he was
out of town, his partner put the sign out. He failed to tell his partner that the
sign was illegal. He stated the sign has not been put out since making his partner
aware of the violation. He stated it is a 5 x 5 sign. In response to a question,
he stated it is an oversized magnetic sign.
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John Richter, Code Enforcement Manager, stated the City wishes to establish
the fact there was a violation in order to impose a fine should there be a repeat
of the violation.
Mr. Cardinal moved that concerning Case No. 20-91 regarding violation of
Section 134.009(4) of the Clearwater City Code on property located at 2868 Gulf to
Bay Blvd., the Municipal Code Enforcement Board has heard testimony at the Municipal
Code Enforcement Board hearing held the 10th day of April, 1991, and based on the
evidence, the Municipal Code Enforcement Board enters the following Findings of
Fact, Conclusions of Law, and Order.
The Findings of Fact are: after hearing testimony of Mike Dozios admitting to
having been in violation, it is evident that a sign was being displayed on a vehicle
at the above referenced location. It is further evident that the condition was
corrected prior to this hearing.
The Conclusions of Law are: Mike Dozios d/b/a J & M Tinting & Detail ~ in
violation of Section 134.009(4).
It is the Order of this Board that Mike Dozios d/b/a J & M Tinting & Detail
shall cornplywith Section 134.009(4) of the Code of the City of Clearwater. If Mike
Dozios repeats the violation, the Board may order him to pay a fine of $85.00 per
day for each day the violation exists after Mike Dozios is notified of the repeat
violation. Should the violation reoccur, the Board has the authority to impose the
fine at that time without a subsequent hearing. Should a dispute arise concerning
compliance, either party may request a further hearing before the Board. Any
aggrieved party may petition the Board to reconsider or rehear any Board order
resulting from a Public Hearing. A Petition for Rehearing must be made in writing
and filed with the Board Secretary no later than thirty days after the execution of
the order and prior to the filing of any appeal. Upon receipt of the Petition, the
Board will consider whether or not to reconsider or rehear the case. The Board will
not hear oral argument or evidence in deter- mining whether to grant the Petition
to Reconsider or Rehear. The motion was duly seconded and carried unanimously.
, Done and Ordered this 10th day of Apri 1, 1991.
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Ken Marks Ford Inc.
O.K. Marks, Sr., President
24825 US 19 North
(Land Development Code)
Cameron Kerr, General Sales Manager, stated due to change in management, he
took over the operation in September, 1990. He did not know the balloons were in
violation. They were being used to generate traffic. He stated he spoke to Mr.
Rosa after notification of the violation, and there are no more balloons displayed
and there won't be as long as he is manager.
Case No. 21-91
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Mr. Richter, Code Enforcement Manager, stated the City wishes to establish the
violation and a fine to discourage a repeat of the violation.
Mr. Aude moved that concerning Case No. 21-91 regarding violation of Section
134.009(5) of the Clearwater City Code on property located at 24825 US 19 N aka Ken
Marks Ford Sub, Block A, Lot 1, the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held the 10th day of
April, 1991, and based on the evidence, the Municipal Code Enforcement Board enters
the following Findings of Fact, Conclusions of Law, and Order.
The Findings of Fact are: after hearing testimony of Cameron Kerr, General
Sales Manager, admitting to having been in violation, it is evident that balloons
were being displayed on the above referenced property, that the condition was
corrected and recurred. It is further evident that the condition was corrected
prior to this hearing.
The Conclusions of Law are: Ken Marks Ford Inc. ~ in violation of Section
134.009(5).
It is the Order of this Board that Ken Marks Ford Inc. shall comply with
Section 134.009(5) of the Code of the City of Clearwater. If Ken Marks Ford Inc.
repeats the violation, the Board may order them to pay a fine of $100.00 per day for
each day the violation exists after Ken Marks Ford Inc. is notified of the repeat
violation. Should the violation reoccur, the Board has the authority to impose the
fine at that time without a subsequent hearing. Should a dispute arise concerning
compliance, either party may request a further hearing before the Board. Any
aggrieved party may petition the Board to reconsider or rehear any Board order
resulting from a Public Hearing. A Petition for Rehearing must be made in writing
and filed with the Board Secretary no later than thirty days after the execution of
the order and prior to the filing of any appeal. Upon receipt of the Petition, the
Board will consider whether or not to reconsider or rehear the case. The Board will
not hear oral argument or evidence in determining whether to grant the Petition to
Reconsider or Rehear. The motion was duly seconded and carried unanimously.
Done and Ordered this 10th day of April, 1991.
Toyota of Clearwater Inc. d/b/a Performance Toyota
21799 US 19 North
(Land Development Code)
Mr. Aude abstained from the hearing due to a conflict of interest.
Case No. 22-91
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Rick Rosa, Code Inspector, stated he first noticed the violation May 26, 1990
at which time he delivered a notice to Larry St. Croix. He reinspected the property
and they were in compliance. The violation recurred February 16, 1991 and he issued
a notice and requested a hearing. As of today the violation is corrected; however,
he wishes to establish the existence of the violation and a fine to discourage a
repeat of the violation.
In response to questions, Mr. Rosa stated the notice issued in May, 1990 was
to Mr. St. Croix, Used Car Sales Manager; and in February, 1991 to Mr. Dever as
business owner.
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Mr. Lee Haas, Attorney for Automanage Inc., stated he is not here to testify,
but for clarification of proof of service.
In response to questions, Mr. Rosa stated the first citing of the violation
was complied and did not go to hearing. He stated both notices of violation were
issued to Performance Toyota; the first notice was hand delivered, the second sent
certified mai 1. City submitted composite exhibit A, a copy of the notices of
violation issued May 26, 1990 and February 28, 1991. Mr. Rosa stated both
violations were at the same address and issued to Performance Toyota. He stated
Performance is the name of the bus iness on the sign at the site; Toyota of
Clearwater Inc. is the parent corporation.
In response to questions, Mr. Haas stated Mr. Dever is a stockholder in the
corporation. He stated there have been no changes in corporation ownership, and
feels due process of service was not received.
In response to questions, Mr. Rosa stated he checked with Pinellas County
records for ownership and occupational license permits which 1 ist Mr. Dever as
permit owner.
In response to questions, Mr. Haas stated Michael Dever is President of
Automanage, Inc. which is doing' business in Florida. He stated he is also a
shareholder of Toyota of Clearwater Inc. doing business as Performance Toyota. He
stated the corporation is 'not disputing the balloon violation of February 16, 1991;
but was not aware of the May 26, 1990 violation.
Discussion ensued regarding whether proper service has been obtained and if
the affidavit is proper as submitted. It was also stated sworn testimony can be
accepted as sufficient evidence. Mr. Haas objected; he was overruled. Further
discussion ensued regarding whether or not the proper parties had been cited and
notified.
In closing, John Richter, Code Enforcement Manager, stated the Inspector gave
his testimony under oath that he witnessed the violation. He stated the entity's
attorney is present, prov i ng proper serv ice was obta i ned. He stated the Ci ty wi shes
to establish the violation and a fine to discourage a repeat of the violation.
Attorney Haas, in closing, stated the Board1s counsel questioned the value of
the notice of violation for May, 1990. He stated Mr. Dever did not receive prior
notice of the violation. He questioned the City code regarding balloons not being
mentioned under the definitions for signs.
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In response to a questions, it was stated that serving a notice of violation
on an officer of a corporation is sufficient service. It was also clarified that
the violation cited was specific to display of balloons without reference to signs.
Mr. Zinzow moved that concerning Case No. 22-91 regarding violation of Section
134.009(5) of the Clearwater City Code on property located at 21799 US 19 N a/k/a
M&B 33/02, Sec 8/29/16, the Municipal Code Enforcement Board has heard testimony at
the Municipal Code Enforcement Board hearing held the 10th day of April, 1991, and
based on the evidence, the Municipal Code Enforcement Board enters the following
Findings of Fact, Conclusions of Law, and Order.
The Findings of Fact are: after hearing testimony of Rick Rosa, Code
Inspector, and Mr. Hass, Attorney for Toyota of Clearwater Inc., and viewing the
evidence, exhibits submitted: City exhibit A, notices of violation of May 26, 1990
and February 28, 1991 and a photograph taken February 16, 1991, it is evident that
balloons were being displayed at the above referenced address, that this condition
was corrected and recurred. It is further evident that the condition was corrected
prior to this hearing.
The Conclusions of Law are: Toyota of Clearwater Inc . d/b/a Performance
Toyota ~ in violation of Section 134.009(5).
It is the Order of this Board that Toyota of Clearwater Inc. shall comply with
Section 134.009(5) of the Code of the City of Clearwater. If Toyota of Clearwater
Inc. repeats the violation, the Board may order them to pay a fine of $100.00 per
day for each day the violation exists after Toyota of Clearwater Inc. is notified
of the repeat violation. Should the violation reoccur, the Board has the authority
to impose the fine at that time without a subsequent hearing. Should a dispute
arise concerning compliance, either party may request a further hearing before the
Board. Any aggrieved party may petition the Board to reconsider or rehear any Board
order resulting from a Public Hearing. A Petition for Rehearing must be made in
writing and filed with the Board Secretary no later than thirty days after the
execution of the order and prior to the filing of any appeal. Upon receipt of the
Petition, the Board will consider whether or not to reconsider or rehear the case.
The Board will not hear oral argument or evidence in determining whether to grant
the Petition to Reconsider or Rehear. The motion was duly seconded and carried
unanimously.
Done and Ordered this 10th day of April, 1991.
UNFINISHED BUSINESS
Affidavits of Compliance
Denny's Realty Inc.
W 1/2 of parcel @ 1400 US 19 S
Affidavit of Compliance
Mr. Aude moved to accept the Affidavit of Compliance in Case No. 91-2-1 #2.
The motion was duly seconded and carried unanimously.
Case 91-2-1 #2
MCEB
4/10/91
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