3g1 RESOLUTION NO. 2 --------
3 A Resolution waiving any conflict concerning the business
4 relationship between Mariano Corral and Metro South Senior
5 Apartments, pursuant to Florida Statute, and appointing
6 Mariano Corral to the Environmental Review and Preservation
7 Board (ERPB).
8
9 WHEREAS, the City Commission places a high emphasis on protecting and enhancing
10 the urban landscape and thus finds it desirable to have two landscape architects on the ERPB so
11 that if one is conflicted on a particular application, the other may continue to provide expertise on
12 applications relating to landscape; and
13
14 WHEREAS, landscape architect Mariano Corral served on the South Miami ERPB for
15 most of a two year term that was scheduled to end March 5, 2014; and
16
17 WHEREAS, during his service, Mariano Corral provided the ERPB with valuable advice,
18 expertise, and judgment particular to landscape protection and improvement; and
19
20 WHEREAS, the South Miami Code of Ordinances Section 8A-l(I)(3), as amended Dec.
21 3, 2013, permits design professionals on the ERPB to recuse themselves from voting on specific
22 applications presenting a conflict of interest, in a manner consistent with how Florida Statute
23 112.3143 and County Code of Ordinances Sec. 2-1l.1 treats conflict of interest on all design
24 review boards; and
25
26 WHEREAS, commencing with appointments made after January 1, 2009, Sec. 2-22
27 "Term Limits" of the Code of Ordinances provides that, appointees are limited to two (2)
28 consecutive two-year terms of membership on a specific commission, board, or committee. After
29 serving a maximum of two (2) consecutive year terms, an appointee shall not be reappointed to the
30 same commission, board or committee unless at least one year has elapsed between the term
31 limited position and the effective date of commencement of the proposed appointment for a new
32 term; and
33
34 WHEREAS, Sec. 2-22 "Term Limits" of the Code of Ordinances, as amended by
35 Ordinance No. 06-14-2184, dated April 15, 2014, provides that the appointer, or his or her
36 successor in office, may extend the term limits of his or her appointment with the advice and
37 consent of a majority of the City Commission; and
38
39 WHEREAS, pursuant to Sec. 2-22 "Term Limits" of the Code of Ordinances, this will be
40 Mr. Corral's first two-year term of the two (2) consecutive year terms; and
41
42 WHEREAS, the Miami-Dade Ethics Commission has opined that a design professional
43 with ongoing professional business under the purview of the ERPB may be appointed to that board
44 provided the City complies with applicable state statutes; and
45
46 WHEREAS, Section 112.313(7)(a), Florida Statutes, prohibits a Board members from
47 being employed by or having contractual relationships with a business entity if the entity is doing
48 business with or is subject to the regulation of the City, or if their employment or contractual
49 relationships create continuing or frequently recurring conflicts between their private interests and
50 the performance of their public duties or impediments to the full and faithful discharge of their
51 public duties; and
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WHEREAS, Section 112.313(12), Florida Statutes, contains an exemption for the
prohibitions contained in 112.313(7), Florida Statutes where (1) the ongoing business relationship
is disclosed at a public meeting, (2) the City Commission votes to waive a particular conflict of
interest of a Board member upon full disclosure by the Board member of the transaction or
relationship on Florida Commission on Ethics Form 4A prior to the waiver and (3) the City
Commission resolved to waive the conflict by an affirmative vote of two-thirds of its members.
WHEREAS, Mr. Corral has filed the Florida Commission on Ethics Form 4A with the
City Clerk indicating that he is retained as the registered landscape architect on the Metro South
Senior Apartments project ("Metro South") and his ongoing business relationship with Metro
South has been disclosed at this public meeting where this resolution is being addressed; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The recitals set forth above are hereby adopted as part of this resolution by
reference and have been found by the City Commission to be true statements of the facts.
Section 2. The City Commission hereby waives any conflict that Mariano Corral has due
to his business relationship with Metro South Senior Apartments project and hereby appoints
Mariano Corral to the Environmental Review and Preservation Board (ERPB).
Section 3. If any section clause, sentence, or phrase of this resolution is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect
the validity of the remaining portions of this resolution.
Section 4. Effective Date. This resolution shall become effective immediately upon
adoption by vote of the City Commission.
PASSED AND ADOPTED this __ day of _____ , 2014.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
Page 2 of2
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
SOllt.h. l\IIjuJ:n.i
Flo .-I €I u
Referred by: Mavor Stoddard
CITY OF SOUTH MIAMI BOARD/COMMITTEE APPLICA TION
6130 Sunset Drive
South Miami, FL 33143
Phone No. 305-663-6340
Fax No. 305-663-6348
1. I am interested in serving on the following board(s)/committee(s):
ERPB
First choice Second choice
Third choice Fourth choice
2. Name: MARIANO CORRAL
(Please print)
3. Home Address: ----=
4. Business Address: ------------------------------------------
5. Home Phone No.
------~----
Business Phone No.
Fax No.
7. Education/Degree Earned: Bachelor in Landscape Architecture
Pertinent Experience: Master PlanninQ. Land PlanninQ. Site PlanninQ.
Urban Plannino. Golf Course Desion. Park Plannino. Landscape Architecturca
Field Expertise: 36 years of professional practice on all the above.
8. Community Service:
9. Attached Resume: 0-(Optional)
10. Are you a registered voter? Yes X No
11. Are you a resident of the City? Yes No X
12. Do you have a business in the City? Yes No X
,,,,,, •. ~~ .... ,,,,,,,,,,,,,cw", Signature,, _____ M_A_RIA_N_oc_o_RR_AL ____ .::..:!:::..::i::..::::;,":::..:.';:';.::::;::;:::::.!;,~_'.'"_','::_:':'_;""_."_"'~_"c_" •• _" _ Date 04-28-14
Applicant
Revised 512010
FORM 4A DISCLOSURE OF BUSINESS TRANSACTION, RELATIONSHIP OR INTEREST
LAST NAME -FIRST NAME -MIDDLE INITIAL OFFICE I POSITION HELD CcJf-flAG, . f-/f.,lS./2IAA/O LANOSC/J fe.., MOIl raT
MAILING ADDRESS AGENCY OR ADVISORY BOARD
I:E.RPB BtJA£.D
CITY ZIP -COUNTY ADDRESS OF AGENCY -
-~ CITY ~f so Q1/-( ml Am r
HOW TO COMPLETE AND FILE THIS FORM:
Parts A and B of this form serve two different purposes. Part Ais for advisory board members who wish· to use an. exemption in the
ethics laws that is applicable only to advisory boardmembers~ PartS is for public officers and employeeswhowisl1 to use a sepa-
rate exemption that is applicable when the business entity involved is the sole source of supply within the political sUbdivision. In
order to complete and file this form:
... Fill out Part A or Part. B,as applicable.
.. Sign and date the form on the reverse s.ide.
.. File. Part A witll the appointing pOclY or person tha~ will be waiving the restrictions of 112.313(3 ). or (7), Fla;Stat.,
prior to the waiv¢r.. -. . .
CD File. Part S with tna· g(lveniihg body of the political subdivision in which the reporting person is serVing, pnor to the
trahsaction> . . .. . .
PART A -DISCLOSURE OF TRANSACTION OR RELA TION$HfP CONCERNINt; ADVISORY BOARD MEMBER
WHO MUST COMPLETE THIS PART:
Sections 112;313(3) and 112.313(7). Florida Statlltes; prohibittertain business relationship$on fue partofpl,Iblic officers
and employees, including persons serving on advisory boards. See Part 1/1, Chapter 112. Florida Statutes;and/of1he
.bro,chureentltled "AGuidetQ the SUnshine Amendment and Code:ofEthics for PublicOfficets and. Employee!)" for more
(letailson the!?e prohitr/tions;. HoW~yer. Section 112.~.1 ~(12J,Floridll Statutes. permits the appointing official orbody to
. waive these· requirements. in a parlicill~t instance provided: . (a) Waive.r-tly the appointing body ITUJs.t be lJP(ln a tWo-thirds
affirmative vote of that body; or(b)waiverbytheappoil;ting·p~rscmmustbe effe.cted aftef.a p\.ii:>lichearing;a.nd (c) in eittJer
case. the lld"isory bo<":\(c.l mel11Permust fUlly disclose thet~nsactlon ,or relationship which would otherwise be'prohlbited by
SubSections (3)()f (7)ofSecti6li 112:3,13, F10riqa ~tat(ltes. This Pa~of Form 4A has been prescribed. by. the Commission
on Ethics for such diSclosure; if and When f1pplicab/~ t()ailadVisolY board rnemb~. .
PI-I.;AS.E COMPLETE THE fOLLOWING:
1 ,Thepartnershipidirector:ship, proprietorship; ciwriershipofamat~tiaJinterest.posltioil of officer,. employment; or contractual
relationShip which WOliid othel'1Ni~e vlolat~$ubsecti()n (3) or (7) of Section 112:313, florida Statutes, is held by [please
check applicable space(s)]:
(~ The reporting person:
. ( ) The spouse of the reportingp.erson, whose name is _~~_~ __ ---'-----'~~ ____ ---'-_~ __ -"----'.; or
1 A child of the reporting person, WhosE1name is ___ --"--'-_~~--'---~-'--'----------' __ __",---'-'_--'--,-___ --.,.'
2. The particular transaction or relationship for which this waiver is sought involves [check applicable sp~ce]:
(>4 Supplying the following realty, goods, and/or serVices: .l.At4 OScA Pe:. M..C.Plll£? weIJCOesl4tV.
( ) Regulation of the business entity by the governmental agency served .by the advisory board member,
3. The following business entity is doing bUSiness with or regulatt':)d by the governmental agency:
4. The relationship of the undersigned advisory board member, or spouse or child of the advisory board member, to tne busi-
ness entity transacting this business is [check applicable spaces]:
( ) Officer; ( ) Partner; ( ) Associate; (.><) Sale proprietor; ( ) Stockholder; ( ) Director; ( ) Owner of in excess of 5% of
the assets of capital stock in such business entity; ( ) Employee; ( ) Contractual relationship with the business entity;
( ) Other, please describe:
CE FORM 4A -REV. 1·98 [CONTINUED ON REVERSE SIDE]