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Home My WebLink AboutR-95-0275J-95-321 4/3/95 RESOLUTION NO. g5-- 275 A RESOLUTION APPOINTING TWO INDIVIDUALS AS MEMBERS OF THE CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD TO FILL UNEXPIRED VACANCIES EXPIRING MAY 5, 1996. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The following individuals are hereby appointed as members of the Citywide Community Development Advisory Board to fill unexpired vacancies expiring May 5, 1996: Appointee Nominated By-L.- Emilio Lopez [appointment pending] 1! J. L. Plummer, Jr. Vice Mayor Section 2. This Resolution shall become effective immediately upon its adoption. �! Former incumbent elected by the Overtown Advisory Board. Upon expiration of this term, a new member will be elected by said Board. CITY COMUSSIGN MEETING OF APR 2 7 1995 Resolution No. 95- 275 Lw, PASSED AND ADOPTED this 27th— day Of April , 1995. AT S MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: LINDA K. KEARSON ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A. Q NN J S, II CIT ATTO Y CSK:M5038 -2- STE15HEN P. CLARK, MAYOR 95- 275 ow., CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO THE HONORABLE STEPHEN P. CLARK, MAYORDATE March 21, 1995 FILE A , MEMBERS OF THE CITY COMMISSION SUBJECT Pending Appointments to the / Citywide Community I Development Advisory Board FROM MATTY HIRAI REFERENCES April 13, 1995 Agenda City Clerk ENCLOSURES: (1) On May 5, 1994, the City Commission appointed all IS members of the Citywide Community Development Advisory Board. Presently there are two members who have been absent from three consecutive board meetings during one calendar year (1995): (1) Ron Malone, who was elected by residents and/or property owners in the Overtown target area; and (2) Marta Rodriguez, who was appointed by Vice Mayor Plummer. City Code Section 2-430 reads, in part: "....any board member shall be automatically removed if, in a given calendar year, (1) he or she is absent from three (3) consecutive meetings...." Guidelines for the Citywide Community Development Advisory Board also stipulate that absence from three (3) meetings per year for reasons other than Illness constitutes a vacancy. Pursuant to Code, the City Clerk is charged with the responsibility of informing the Commission whenever situations such as the present one take place. Our office has ascertained with the Law Department (copy of memo attached) that the above -mentioned guideline requirements apply to members who have been elected by the target areas, as well as to members who have been appointed by the City Commission. Therefore, please be advised both Mr. Malone and Ms. Rodriguez have been removed as members of said Board, creating two vacancies which must be filled by Commission appointment. We are forwarding a courtesy copy of this memorandum to Mr. Irby McKnight, Chairperson of the Board, for his information and files. By copy of this memorandum, we are also requesting the Agenda Office to place this issue on the April 13, 1995 Commission agenda for consideration by the City Commission, at which time, Vice Mayor Plummer may wish to consider naming a new appointee to replace Marta Rodriguez. The Commission at large may wish to consider naming a replacement for Ron Malone. Upon Inquiring from the Law Department, we are informed that even though Ron Malone was elected by residents and/or property owners in the Overtown Target Area, since he was removed due to his absences, said position will be filed by City Commission appointment. Attached hereto please find a copy of current membership of the Citywide Community Development Advisory Board. If you have any questions, please do not hesitate to call. MH:sI cc: Cesar H. Odio, City Manager 9 5 - 2'7 5 A. Quinn Jones, III, City Attomeyy Angel Alonso, Community Development/Liaison l i McKnight,lt Agenda CoordinatorIrb Y Chairperson, Citywide Community Development Advisory Board ENC: a/s CITY OF MIAMI, FLORIDA INTER -OFFICE MEIVIU AkW11A., Matty Hirai, City Clerk b FROM Irma M . Abella Assistant City Attorney CJG 1'.' _ LATE '"Mr7G,CCDiI • 0,b 1995 FIL16-95-253 SUBNE Request for Legal Opinion- C�TV Community Development Advisory Bcisrd . REFERENCES ENCLOSURES: You have asked for this office's interpretation of Sec. 2- 430 of the code of the City of Miami as to whether or not the provisions of said Code section apply to those members of the Citywide Development Advisory Board who are representatives from community development target areas of the City. The answer to your question is in the affirmative. Sec. 2-430 of the City Code, which sets forth the attendance requirements applicable to all City boards, provides in pertinent part: "Sec. 2-430. Attendance requirements. Notwithstanding any other provisions of this code, any board member shall be automatically removed if in a given calendar year: (1) he or she is absent from three (3) consecutive meetings; or (ii) if he or she is absent from four (4) of the board's meetings, (iii) provided that regardless of their compliance with subsection (i) and (ii) hereinabove, members must attend at least fifty (50%) percent of all the board meetings held during a year...". It is this office's opinion applies to all those individuals to membership of City boards. that Sec. 2-430 of the City Code appointed by the City Commission Resolution No. 86-47, adopted January 23, 1986, as amended by Resolution No. 87-1006, adopted November 19, 1987, sets forth the requirements for membership to the Citywide Community Development Advisory Board, providing in pertinent part: "Section 2. A 18 member Citywide Community Development Advisory Board comprised of the following 95- 275 J10, Matty Hirai, City Clerk March 23, 1995 Re: Community Development Advisory Bd. Page Two membership is hereby created to advise the City Commission on community development and housing needs: - One representative (resident or property owner) from each eight Community Development target areas, to be appointed by the City Commission. - Ten representatives to be appointed by the City Commission, providing each Commissioner with two appointments to the Community Development Advisory Board." Since pursuant to Resolution No. 87-1006, the City Commission has the power of appointment over the members of the Citywide Community Development Advisory Board, the provisions pertaining to the removal of board members contained in Sec. 2- 430 of the City Code apply to said board members. Upon removal of the board member who has failed to comply with the attendance requirements of Sec. 2-430 of the City Code, the City Commission may proceed to appoint a new board member to serve the remainder of the term of the removed member, pursuant to Section VII of the City of Miami Citizen Participation Plan which sets forth the guidelines for the Citywide Community Development Advisory Board and provides in pertinent part: "Vacancies ..* when, for any reason, a non-offioer vacancy occurs on the Board, the City of Miami Commissic• will appoint a new Board member to serve tht: remainder of the term...". Enclosed are copies of City of Miami Resolutions Nos. 88-47 and 87-1008 and the City of Miami Citizen Participation Plan for your review. M816/IMA/bjr Enclosures H 55- 275 j>g:. CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD (18 members) REPRESENTING ALLAPATTAH .COCONUT GROVE DOWNTOWN .EDISON LITTLE RIVER LITTLE HAVANA MODEL CITY 1 OVERTOWN i i ,WYNWOOD ' I U Crt 1 MUST FILE SOURCE OF INCOME STATEMEN MEMBERSHIP NAMEJADDRESS RESOLUTION EXPIRE Mariano Cruz, 1227 N.W. 26 Street, M- R-94-303 5-5-96 33142 (635-4735) 5-5-94 Frankie Rolle, Vice -Chair., 3430 William R-94-303 5-5-96 Ave., M-33133 (443-7928) 5-5-94 Henry A. Lowenstein, 617 W. 46 St., M R-94-303 5-5-96 Beach-33140 (531-9428) 5-5-94 Ron Cordon, 335 N.W. 54 St., M-33127 R-94-303 5-5-96 (759-2446; F= 759-6476) 5-5-94 Fernando Gonzalez, 300 S.W. 4 Avenue #4, R-94-303 5-5-96 M-33130 (324-7906) 5-5-94 Percy Brown, 5505 N.W. 7 Ave., M-33127 R-94-303 5-5-96 (758-6972) 5-5-94 Rem-Malene, 1937--N4W.-3 Ave.,--M-3313; R-94-303 5-5-96 (576-291-3+ 5-5-94 [removed, exceeded allowable absences) William Ramos, 3650 N. Miami Ave., M- R-94-303 5-5-96 33137 (576-1512) 5-5-94 page 1 3/21/95 CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD (18 members) APPOINTED BY COMMISSIONER J.L. PLUMMER J.L. PLUMMER MILLER DAWKINS MILLER DAWKINS VICTOR DE YURRE VICTOR DE YURRE WIFREDO (WILLY) GORT WIFREDO (WILLY) GORT STEPHEN P. CLARK ?STEPHEN P. CLARK crt MEMBERSHIP NAME/ADDRESS *� y� Mart Rodr.t guess 411—N. E.�25 St7reeb7--M- [removed, exceeded allowable absences] Mario Pestonit, 1885 N.W. 4 St., M-33125 (643-9492) Josie Poitier, 900 N.W. 47 Terr., M- 33127 (372-9893) Irby McKnight, 224 N.W. 12 St., Apt 5, M-33136 (H= 374-1999, W= 573-8217) William Chavez, Jr., 2111 S.W. 16 Terr., M-33145 Dorothy Quintana, 263 N.W. 34 St., M- 33127 (576-3393) Sandra Fraqncis, 220 N.E. 44 St., M- 33137 (757-1887; F= 757-1139) Xavier Cortada, Esq., 3621 S.W. 3 Ave., M-33145 (858-1323; F= 857-9282) Rev. Freeman Wyche, 1253 N.W. 67 St., M- 33147 (836-4555; 373-7162) Valria C. Screen, 780 N.E. 69 St., Ste. 1808, M-33138 (W= 756-6338; F= 758-8801) RESOLUTION R-94-303 5-5-94 R-94-303 5-5-94 R-94-303 5-5-94 R-94-303 5-5-94 R-94-303 5-5-94 R-94-303 5-5-94 R-94-303 5-5-94 R-94-303 5-5-94 R-94-303 5-5-94 R-94-303 5-5-94 K EXPIRE 5-5-96 5-5-96 5-5-96 5-5-96 5-5-96 5-5-96 5-5-96 5-5-96 5-5-96 5-5-96 MUST FILE SOURCE OF INCOME STATEMENT page 2 3/21/95