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Home My WebLink AboutR-00-0230J-00-307 3/9/00 RESOLUTION NO. 00— 230 A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF AN INDIVIDUAL AS A MEMBER OF THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY FOR A TERM AS DESIGNATED HEREIN. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The appointment of Miami -Dade County Commissioner Jimmy Morales as a member of the Board of Directors of the Downtown Development Authority is hereby confirmed, to serve a term expiring August 31, 2001. PASSED AND ADOPTED this 9th day of March , 2000. THIS AD NIS TIVE AC SHALL B 0 E FF TI E M TELY. WALTE J. F CITY C APPROVE AS 0 YAM CORRECTNESS:t/ f)RO " PL. TTORNEY LLO CITY COMMISSION _, MEETING OF, MAR - 9 2000 esolution N TO FROM S • CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM Honorable Members of the City rmmission February 9, 2000 DATE : FILE SUBJECT: Downtown Development Authority Board REFERENCES. March 9, 2000 Agenda �—/Walter J. Foe City Clerk ENCLOSURES: List of Members, Resolution The Downtown Development Authority (DDA) Board was created to exercise supervisory control over the activities of the director and the staff of the Downtown Development Authority (DDA). One member of the DDA may be appointed by the Board of County Commissioners of Miami - Dade County and submitted to the City Commission for confirmation. The Commission at large is being requested to confirm the reappointment of Miami -Dade County Commissioner Jimmy Morales. For your information, attached please find a copy of the current membership of said board. By copy of this memorandum, we are requesting that the Agenda Office place this issue on the March 9, 2000 Commission agenda. WJF:sl c: Olga Ramirez-Seijas, Assistant City Attorney Patricia Allen, Liaison/Executive Director, DDA Maria Chiaro, Assistant City Attorney Elvi Alonso, Agenda Coordinator 00- 230 FEB -01-2000 10:23 SENATOR GWEN MARGOLIS GNAIRPCRSON DDA MIAMI (� Z%G7TL)i1lddl4'!Z1'i1fQ METROPOLITAN DADE COUNTY -FLORIDA METRO•DADE CENTER 111 N. W. FIRST STREET, SUITE 230 MIAMI, FLORIDA 33128-1963 (305) 975-5128 December 28, 1999 Ms. Patricia Allen DDA Executive Director First Union Financial Center 200 S. Biscayne Boulevard Suite 1818 Mia v, Florida 33131 Dear Ms. Allen: 305 3712423 P,01i01 Thank you for your lettering informing = of the need to make an appoiatmesrt to the Board of the M3amx Downtown Development Authority. I would like to reappoint Commissioner Timmy Morales to the Board of Directors. T, too, believe that Commissioner Morales is an asset to the board and has demonstrated the necessary comanitment of time and expertise to implement the projects of the DDA. I look forward to another successful year of economic development of downtown Mami Sincerely, 4 Margolis Cbairperson cc: Commissioner Jimmy Morales Post -Ir Fax Note der i ton 7671 ILL$' nis�� e•�� • Tix�n,�s• � TOTAL P.01 FEB -08-2000 15:48 DDA MIAMI 305 3712423 P.01iO3 CnT orf �txxYt ALEJANDRO VILARELLO City Attorney Mr. Alonso Menendez Chief of Staff Downtown Development Authority First Union Financial Center 200 South Biscayne Boulevard, Suite 1818 Miami, Florida 33131 Dear Mr. Menendez: t� F �r Ill�1. ,flit O� November 15, 1999 (305) 416.1800 Telecopier: (305) 416.1801 Post -ft' Fax Note 7671 oate)Is/ t;b li 9-► 3 To (�7yv m Cliri From CoJDepL co. jy A Phone # _ 59' Phone 4 �--vj (C (s 75 Fax # V Fax # Your November 5, 1999 letter requests a response as to the applicability of a memorandum (see attached) on "Conflict of Interest and Dual Office Holding" to the Downtown Development Authority and specifically to the appointmernt of. a Miami -Dade County Commissioner to the Downtown Development Authority. The general information provided to all board members on City Boards regarding dual office holding of Downtown Development Authority appointees is inapplicable as relates to the Miami -Dade County Commission appointee based upon an analysis of applicable case law and Attorney General Opinions. Generally, where it is determined that a person holding an office has been appointed to a body where new duties may be viewed merely as additional duties to existing responsibilities, then the appointee will be deemed to be exercising ex officio duties that are not prohibited by the dual office holding provision. The Downtown Development Authority is a special district statutorily created to perform a special and limited governmental function. Therefore, a member of the Downtown Development Authority would not be an officer within the scope of the dual office -holding prohibition set forth in Article H, section 5(a), Florida Constitution. In sum, it appears that a Miami -Dade County commissioner may serve simultaneously on the Downtown Development Authority and on the Miami -Dade Coun Commission without violating the terms of Article H, Section 5(a), Florida Constitution. MJC/rc1A'V 17 ery city OFFICE OF THE CITY ATTORNEY/444 S.W. 2nd Avenue, Suite 945/Miami, Florida 3313[1-1910 FEB -08-2000 15:48 DDA MIAMI ® 305 3712423 P.02/03 CITY OF MIAMI CITY ATTORNEY'S OFFICE MEMORANDUM TO: Mayor and Members of the City Members and Nominees to Advi (through the City Clerkv FROM: Alejandro Vilarello, DATE: December 11, 1998 RE: Conflict of Interest Office Administrative Boards of the City of Miami As a nominee for one of the City of Maim's ("City") advisory or administrative boards, committees, or authorities, you should be aware of some of the legal issues concerning conflict of interest and dual office holding. The intent of this memorandum is to provide you with an overview so that you may make an informed determination about the legality of your membership on such board, committee, or authority and about the constraints under which such membership may place you. I. Conffict of Interest. Section 2-341 of the Code of the City ("City Code") provides that the conflict of interest provisions set forth in the City Code shall be applicable to "every member of any board, commission, or agency of the City". Section 2.11.1 of the Code of Metropolitan Dade County ("County Code"), contains provisions that are also applicable to the City and contains language similar to the City Code language. Therefore, as a member of the agency to which you are nominated, you would be subject to the requirements of both Codes_ Florida Statutes also contain sections which apply. State law and the City and the County Codes prohibit, among other things, persons who are members of a City agency and their immediate family members from contracting with or transacting any business with. the City or any person or agency acting for the City. Such persons are also prohibited from appearing in representation of a third party before any board, commission, or agency of which such persons are members_ The County Code extends the above prohibition to entities in which a person owns a "controlling financial interest", which is defined as ownership of ten percent (10%) or more of the stock of any corporation or other business entity. Therefore, if you or any of your immediate family (spouse, son, daughter, parent, brother, or sister, etc.) currently does business with the City, either directly or through an entity of which you or any of your immediate family own ten FEB -08-2000 15:49 DDA MIAMI 305 3712423 P.03iO3 Page 2 ® December 11, 1998 Nominees to Advisory or Administration Conflict of Interest Boards of the City of Miami and Dual Office Holding percent (10%) or more, you are- legally required to. discontinue such business relationships or refrain from becoming a member of the City agency for which you have, been or are being nominated. Specific questions can be addressed to me or the legal staff who advises the board. U. Dual Office Holding_ The Florida Constitution prohibits any person from holding more than one office in state, county, or municipal government. However,. such agencies of a municipality which have only advisory powers and are not delegated any portion of the sovereign power of the municipality do not fall•within the ambit of this prohibition. Consequently, in the. event you are a nominee for a board, committee, or authority to which some of the sovereign power of the City is delegated, ,you may not serve concurrently in another governmental position unless the board; committee or- authority is purely advisory. Examples of agencies to which the City has delegated some of its sovereign power include, but are not limited to, the Audit Review Board, the Bayside Minority Fund, the Bayfront Park Management Trust, the Civil Service Board, ` the Downtown Development Authority, the Sanitation Employees Retirement Trust, the Firefighters and Police Retirement Trust, the Health Facilities Authority, the Historic and Environmental Preservation Board, the Latin Quarter Review Board, the Minority Procurement Board, the Off -Street Parking Authority, the Sports and Exhibition Authority, the South Florida Employment and Training Consortium (Private Industry Council), and the Zoning Board. Please ensure that your nomination to any, agency of the Citywill not cause you to be in violation of either of the prohibitions described above' If you have any questions related to this or any other issues regarding your service on a board or committee for the City of Miami, please do not hesitate to contact me or Assistant City. Attorney Maria 1. Chiaro at (305) 416-1800. c Donald H. Warshaw, City Manager MJGkc: W03.doc TOTAL P . 03, o- 200 DOWNTOWN DEVELOPMENT AUTHORITY (15 members) T NAME/ADDRESS RESOLUTION EXPIRES REQUIRED Commissioner/Chairperson Wifredo Gort R-99-447 5-31-00 sworn 6-22-99 Loretta Cockrum, Forum Group, 600 Brickell Ave., 4600, M-33131 (305-358-9807; R-00-49 8-31-02 real F=305-377-1765) -97 1-13-00 Timothy Prunka, Shorenstein Co., 200 S. Biscayne Blvd., #1670, M-33131 (305-373- R-98-181 8-31-00 3400; F=305-371-6059) sworn [absent excessively - requires notice and opportunity to be heard before removal] 2-10-98 A=3-19-99 real -98 7-16-99 7-22-99 10-15-99 Jeffrey Bercow, Bercow & Radel, 200 S. Biscayne Blvd., Ste. 850, M-33131 (W=305- R-98-181 8-31-01 real -99 377-6220; H=305-864-3132) 2-10-98 A=5-21-99 sworn 7-18-99 RES -OK Carlos Migoya, First Union National Bank, 200 S. Biscayne Blvd., #1500, M-33131 R-00-49 8-31-02 real -97 (W=305-789-4818; F=305-789-4904; H=305-373-1270) 1-13-00 RES [absent excessively- requires notice and opportunity to be heard before removal] -OK Phillip Yaffa, Florida East Coast Realty, 100 S. Biscayne Blvd., #I 100, M-33131 (305- R-98-181 8-31-01 358-7710 X-1 14; F=305-358-1619) 2-10-98 A=4-16-99 sworn 7-16-99 ,MUST FILE: (1) STATEMENT OF FINANCIAL INTEREST, (2) REAL ESTATE DISCLOSURE, (3) OATH REQUIRED page l updated: 2/9/00 DOWNTOWN DEVELOPMENT AUTHORITY (15 members) 6 Michael McCullough, Miami Heat, 1 S.E..3 Ave., Ste. 2300; M-33131 (305-577-43280 R-98-766 8-31-01 [absent excessively- requires notice and opportunity to be heard before removal] 7-21-98 A=4-16-99, 5-21-99 7-16-99 J. Megan Kelly, Swire Properties, 501 Brickell Key Dr., M-33131 (305=371-3877; R-98-181 8-31-01 , real -99 F=305-9324) 2-10-98 A-3-19-99 RES -OK I1-19-99 sworn, Rodrigo Trujillo, Hyatt Regency, 400 S.E. 2 Ave., M-33121 (305-679-3047-) R-00-49 8-31'=00 1-13-00 Alvin West, Greater Miami Conventions & Visitors Bureau, 701 Brickell Ave., #2700, R-98-477 8-31-00 Real -99 M-33131(305-539-3085; 305-530-5859) . 5-12-98 A=3-19-99 [absent excessively -requires notice and opportunity to be heard before removal] 4-16-99 5-21-99 7-22-99 . Juan Carlos "J.C." Mas,,Mas'Tech, 3155 N.W-. 77 Ave., #120, M-33122(305-599-1.800;_ R-00-49 8-31-02 - F=305-406-1220) 1-13-00 Sergio Rok, Rok Enterprises, 48 E. Flagler, PH 105, M-33131 (305-377-4921) R-0049 8-31-02 1-13-00 �a MUST FILE: (1) STATEMENT OF FINANCIAL INTEREST, (2) REAL ESTATE DISCLOSURE, (3) OATH REQUIRED page 2 updated: 2/9/00 DOWNTOWN DEVELOPMENT AUTHORITY (15 members) Warren Weiser, Continental Real Estate Co., 2665 S. Bayshore Dr., Ste. 1002, M-33133 (305-854-7342) STATE OF FLORIDA DESIGNEE: L. Grant "Jack" Peeples, 200 S. Biscayne Blvd., #4900, M-33131 (305-358-5200; F=305-358-0100) R-98-181 2-10-98 R-98-244 3-10-98 MIAMI-DADE COUNTY COMMISSION DESIGNEE: Commissioner Jimmy Morales, R-98-1130 1 11 N.W. I St., #220, M-33128 (305-375-5680; F=305-372-6103) 11-17-98 [absent excessively- requires notice and opportunity to be heard before removal] 8-31-00 A=3-19-99 7-16-99 8-31-00 A=3-19-99 7-16-99 7-18-99 10-15-99 8-31-00 A=2-19-99 4-16-99 5-21-99 7-16-99 7-18-99 7-22-99 11-19-99 01 real -97 sworn real -99 real -97 MUST FILE: (1) STATEMENT OF FINANCIAL INTEREST, (2) REAL ESTATE DISCLOSURE, (3) OATH REQUIRED page 3 updated: 2/9/00