05-25-1977
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BOARD OF ADJUSTMENTS
PUBLIC HEARING
GOVERNMENT BUILDERS
MAY 25, 1977
Chairman Millard called the Special Meeting to hold a Public
Hearing on the case of the Government Builders, Highland
Shores application for a variance on May 25, 1977.
Chairman Millard asked the secretary to call the roll.
ROLL CALL
Kenneth Mill ard
Jerry Fenske
Lewis Lupinek
Marie Nichols
James Poland
Present
Present
Present
Excused
Present
Chairman Millard stated that Jim Poland is a new member of
the Board of Adjustments. He has a wholesale distribution
business on U.S. Highway 1, he deals allover the state.
Chairman Millard asked if there were any announcements that
any of the members of the board wish to make about any
possible conflicts of interest that might arise.
Mr. Poland asked the Chairman to be recognized.
Mr. Poland stated he had in front of him form 4 of the co-
mmission on ethics of the State of Florida, which is a
memorandum of voting conflict situation. The case
involved is the variance request for Highland Shores by
Government Builders. He went on to say that he had a number
of relatives living in the Highland Shores Subdivision, who
would be financially affected by the outcome of the case.
They are:
Mr. and Mrs. 01 en O. Matthews
Mr. and Mrs. Dana D. Cornelius
Mr. and Mrs. George W. Negedly
118 Oakridge
118 Oakridge
132 Oakridge
Because of this I feel that I should abstain from voting on
this issue.
Chairman Millard asked Mr. Poland if he was positive about
this? The reason he asks is we have discussed at the regular
meeting last time with Mr. Judson Woods the fact that it is
proper that you do turn in that code of ethics report. Unless
you have a direct personal interest in some land, or where
you have some benefit. I believe you could vote.
Mr. Poland stated that yes under part D of this report,
Filing instructions it indicates when the report must be
filed and it goes on the the State the Florida law permits
but does not require you to abstain from voting when a conflict
of interest arises, however the conflict must be disclosed
pursuant to the requirements. However I do feel that in view
of the far reaching nature of this particular case that I
must abstain.
Chairman Millard stated that is your prerogative and your
right. I complement you on your action.
Chairman Millard went on to ask if the applicants are here
for Government Builders. They answered yes.
Chairman Millard stated that since we only have three members
here who can vote it will not be possible to conduct a
hearing for you because we could not achieve a vote for or
against the application. This is due to the particular rules
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that are contained in Ordinance 880. We are however in the
process of requesting the Council to correct this very
antiquated rule and go to the quorum on majority rule which
is prevalent not only throughout the State but throughout
the United States for boards of this kind. There are a few
towns which happen to be right up and down the coast who
happen to have this old type of rule in fact I think every-
body copied the Oridnance form from each other is why it is
the same.
The Council use to have the rule and they changed to the
quorum or majority rule, and I think we are going to also.
Our next regular meeting is June 8th. We may have a complete
boa r d by t hat t i me 0 rat'l e a s tone m 0 rem em be r who can v 0 t e. I
am not sure. There would be no purpose on going on with the
meeting tonight because we are unable to vote.
Mr. Lupinek stated he would like to say if we don't hold
this meeting by or the 8th of June he will not be
available for a couple of months.
Chairman Millard asked him how long would he be gone. Mr.
Lupinek stated that he will be gone till the 10th of August.
He will be leaving the 13th of June. Chairman Millard asked
Mr. Lupinek would he be able to make the June 8th meeting.
Mr. Lupinek stated that he would.
Chairman Millard stated we can only say lets recess this
hearing until the regular meeting of June 8th in hopes we
have a board member or some action from the Council by then.
That will permit us to proceed.
Mr. Poland asked what is the status of our missing board
member.
Chairman Millard stated she is on a excused absence until the
Council decides what they are going to do about her resignation.
As of this time she is a member on a excused absence.
Chairman Millard asked if there was anybody here who would
like to ask about this he would be glad to amplify it for
you if you have something to say.
Mrs. Turner asked what happened.
Chairman Millard stated if there is no comments we will recess
to the June 8th regular meeting.
Mr. Poland stated that he was giving the secretary a copy of
Form 4. She can take care of that going to the rlght people.
And the members should get a copy of it.
Meeting is adjourn, a", no it is recessed until June 8th. Sorry