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HomeMy WebLinkAboutR-90-09720 J-90-902 10/24/90 M-90-293, M-90-294, 4/12/90 RESOLUTION NO. 90-- 972 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO THE CITY OF MIAMI URBAN DEVELOPMENT REVIEW BOARD AND SPECIFYING TERMS OF OFFICE FOR TWO MEMBERS PREVIOUSLY APPOINTED TO SAID BOARD. WHEREAS, by Resolution No. 42762, adopted September 6, 1971, the City Commission established an Urban Development Review Board, composed of five (5) members, being either architects or landscape architects; and WHEREAS, by Resolution No. 75-1070, adopted November 24, 1975, two alternate members were added; and WHEREAS, by Ordinance No. 10674, adopted November 30, 1989, appearing in the City Code as Section 62-83 through 62-88, the City Commission amended the City Code to reconstitute the Urban Development Review Board, to be comprised of five (5) architects, four (4) landscape architects, and one (1) alternate of either discipline who shall make recommendations to the Planning Director for highly -visible building projects; and WHEREAS, Ordinance No. 10789, adopted September 27, 1990, modified the membership limitation on professional categories to require a minimum of five (5) architects and allow the remaining five (5) members to be either architects or landscape architects; and WHEREAS, board members shall be persons of knowledge, experience, mature judgment and background having ability, special professional training and interest to act in the public interest in order to make informed recommendations concerning architecture, urban, physical, landscape and site design; and AMENDED RQQPQ;�M BY CITY COMbUSSION MEETING OF DEC 6 1990 andLum60 9 WHEREAS, City Code Section 62-84(3) provides for initially staggered terms for the reconstituted board as follows: four members for a term of three (3) years; three members for a term of two (2) years, and two members and one alternate member for a term of one (1) year with all subsequent terms for each member to be for a period of three (3) years; and WHEREAS, prior to the effective date of Ordinance No. 10789, two architects were appointed as Board members on April 12, 1990 by Resolution No. 90-292 which formalized Motion No. 90-115, adopted February 7, 1990, with Humberto Alonso to serve a term of two (2) years and Robert E. Chisholm to serve a term of three (3) years; and WHEREAS, Resolution No. 90-292 also provided for the appointment of two architects, Willy Bermello and Wayne C. Williams, whose terms were not specified in said Resolution; and WHEREAS, at its meeting of April 12, 1990, the City Commission adopted Motion No. 90-293 and Motion No. 90-294, each naming two individuals to serve as Board members but not specifying the terms for such members; and WHEREAS, as requested by the Commission at its September 27, 1990 Meeting, the City Attorney has recommended the herein designation or assignment of the terms of office for such non -specified membership terms; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The terms of office for the following persons who were appointed by Resolution No. 90-292 on April 12, 1990 as j members of the City of Miami Urban Development Review Board to serve in their designated positions for unspecified terms shall be as follows or thereafter until their successors are appointed: 1 APPOINTEE PROFESSION TERM EXPIRINQ: Willy Bermello Architect April 11, 1992 Wayne C. Williams Architect April 11, 1993 Section 2. The following persons, upon having been nominated by Vice -Mayor Dawkins on April 12, 1990 by Motion No. - 2 - 90-- b72 90-293, are hereby appointed as members of the City of Miami Urban Development Review Board to serve in their designated positions for the specified terms of office or thereafter until their successors are appointed: APPOINTEE PROFESSION TERM EXPIRING: Raqueeb Albaari Architect November 7, 1991 Ed Wright Architect November 7, 1993 Section 3. The following persons, upon having been nominated by Commissioner Alonso on April 12, 1990 by Motion No. 90-294, are hereby appointed as members of the City of Miami Urban Development Review Board to serve in their designated positions for the specified terms of office or thereafter until their successors are appointed: APPOINTEE PROFESSION TERM EXPIRING: Jose Ferradaz Architect November 7, 1992 Jacek Schindler Architect November 7, 1991 Section 4. The following persons, upon having been nominated by Commissioner De Yurre on this date, are hereby appointed as members of the City of Miami Urban Development Review Board to serve in their designated positions of office as specified or thereafter until their successors are appointed: APPOINTEE PROFESSION TERM EXPIRING: NO APPOINTMENT MADE November 7, 1993 (Regular Member) NO APPOINTMENT MADE (Alternate Member) Section 5. This Resolution immediately upon its adoption'. November 7, 1991 shall become effective 90-- 972 - 3 - PASSED AND ADOPTED this 6th day of December e. XAVIER L. SUAREZ, CITY CLERK PREPARED AND APPROVED BY: ( 00t L E. MAXW L C EF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: JO E . F ANDEZ t CIT ATTORNE JEM/db ��j MOU'L•l - 4 - 90- 972 (4t{�t D f Atami I off, MATTY HIRAI City Clerk �- � �.co.e se err 0 January 22, 1991 Mr. Raqueeb Albaari Albaari and Associates 4100 N.E. 2nd Avenue, Suite 309 Miami, FL 33137 Dear Mr. Albaari: CESAR H. 0010 City Mandger Enclosed herein please find a copy of R-90-972 which was passed and adopted by the City of Miami Commission at its meeting held on December 6, 1990, appointing you to serve on the City of Miami Urban Development Review Board. Pursuant to the Financial Disclosure law, Chapter 84-318(3), Laws of Florida, and as a member of the Urban Development Review Board, you will be required to file a Statement of Financial Interests form with the Supervisor of Elections, Dade County Department of Elections. Their address is: Metro Dade Center, 19th Floor, 111 N.W. 1st Street, Miami, Florida 33130 (Tel: 375- 5553) . Also enclosed is a copy of a memorandum from Jorge L. Fernandez, City Attorney, dated October 11, 1988, outlining some guidelines to assist members of City Boards and Committees in complying with the Government in the Sunshine Law. Also enclosed, for informational purposes, is another memorandum from the City Attorney, dated April 3, 1989 on legal requirements concerning Conflict of Interest and Dual Office Holding circumstances which may prohibit your membership in said bodies. Congratulations on your appointment. Si erely, TTY HIRAI City Clerk MH:vg Enc. a/s qv-qr :L OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Drive/P.O.Box 330708/Miami, Florida 33233-0708/(305) 579-6065 r r C4t.ttt Rf talltt If of MATTY HIRAI City Clerk a, 8 99 • C9 CP Gf�O.FIOQ� January 22, 1991 Mr. Ed Wright Wright Schindler, Architects 80 S.W. 8th Street, Suite 2110 Miami, FL 33130 Dear Mr. Wright: CESAR H. ODIO City Manager Enclosed herein please find a copy of R-90-972 which was passed and adopted by the City of Miami Commission at its meeting held on December 6, 1990, appointing you to serve on the City of Miami Urban Development Review Board. Pursuant to the Financial Disclosure law, Chapter 84-318(3), Laws of Florida, and as a member of the Urban Development Review Board, you will be required to file a ,Statement of Financial Interests form with the Supervisor of Elections, Dade County Department of Elections. Their address is: Metro Dade Center, 19th Floor, 111 N.W. 1st Street, Miami, Florida 33130 (Tel: 375- 5553). Also enclosed is a copy of a memorandum from Jorge L. Fernandez, City Attorney, dated October 11, 1988, outlining some guidelines to assist members of City Boards and Committees in complying with the Government in the Sunshine Law. Also enclosed, for informational purposes, is another memorandum from the City Attorney, dated April 3, 1989 on legal requirements concerning Conflict of Interest and Dual Office Holding j; circumstances which may prohibit your membership in said bodies. Congratulations on your appointment. S' cerely, TTY HIRAI City Clerk MH:vg Enc. a/s - i OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Drive/P.O.Box 330708/Miami, Florida 33233-0708/(305) 579-6065 t P r C4t#�? of Aialut, L�S1 Of MATTY HIRAI City Clerk 1Z S (� .P (PRP pI(.(•• Q e vt 4�ECO..FIOQ`O January 22, 1991 Mr. Willy Bermello 2601 S. Bayshore Drive, Suite 1000 Miami, FL 3 133 Dear lo: CESAR H. ODIC) City Manager Enclosed herein please find a copy of R-90-972 which was passed and adopted by the City of Miami Commission at its meeting held on December 6, 1990, appointing you to serve on the City of Miami Urban Development Review Board. Pursuant to the Financial Disclosure law, Chapter 84-318(3), Laws of Florida, and as a member of the Urban Development Review Board, you will be required to file a Statement of Financial Interests form with the Supervisor of Elections, Dade County Department of Elections. Their address is: Metro Dade Center, 19th Floor, 111 N.W. 1st Street, Miami, Florida 33130 (Tel: 375- 5553). Also enclosed is a copy of a memorandum from Jorge L. Fernandez, City Attorney, dated October 11, 1988, outlining some guidelines to assist members of City Boards and Committees in complying with the Government in the Sunshine Law. Also enclosed, for informational purposes, is another memorandum from the City Attorney, dated April 3, 1989 on legal requirements concerning Conflict of Interest and Dual Office Holding circumstances which may prohibit your membership in said bodies. Congratulations on your appointment. MH:vg Enc. a/s Since ely, MATTY HI I City Clerk qo-qI1 OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Drive/P.O.Box 330708/Miami, Florida 33233-0708/(305) 579-WS I r MATTY HIRAI City Clerk Mr. Wayne Williams 1631 Tigertail Miami, FL 33133 Dear Mr. Williams: Cq W.". r of'Miami January 22, 1991 CESAR H. ODIO City Mandger Enclosed herein please find a copy of R-90-972 which was passed and adopted by the City of Miami Commission at its meeting held on December 6, 1990, appointing you to serve on the City of Miami Urban Development Review Board. Pursuant to the Financial Disclosure law, Chapter 84-318(3), Laws of Florida, and as a member of the Urban Development Review Board, you will be required to file a Statement of Financial Interests form with the Supervisor of Elections, Dade County Department of Elections. Their address is: Metro Dade Center, 19th Floor, 111 N.W. 1st Street, Miami, Florida 33130 (Tel: 375- 5553) . Also enclosed is a copy of a memorandum from Jorge L. Fernandez, City Attorney, dated October 11, 1988, outlining some guidelines to assist members of City Boards and Committees in complying with the Government in the Sunshine Law. Also enclosed, for informational purposes, is another memorandum from the City Attorney, dated April 3, 1989 on legal requirements concerning Conflict of Interest and Dual Office Holding circumstances which may prohibit your membership in said bodies. Congratulations on your appointment. MH:vg Enc. a/s S,iijerely, TTY HIRAI City Clerk OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Drive/P.O.Box 330706/Miami, Florida 33233-0708/(305) 579-6065 .af 'Mirzini MATTY HIRAI City Clerk January 22, 1991 Mr. Jose Ferradaz 1921 S.W. 64th Court Miami, FL 33155 Dear Mr. Ferradaz: CESAR H. ODIO City Man9ger Enclosed herein please find a copy of R-90-972 which was passed and adopted by the City of Miami Commission at its meeting held on December 6, 1990, appointing you to serve on the City of Miami Urban Development Review Board. Pursuant to the Financial Disclosure law, Chapter 84-318(3), Laws of Florida, and as a member of the Urban Development Review Board, you will be required to file a Statement of Financial Interests form with the Supervisor of Elections, Dade County Department of Elections. Their address is: Metro Dade Center, 19th Floor, 111 N.W. 1st Street, Miami, Florida 33130 (Tel: 375- 5553). Also enclosed is a copy of a memorandum from Jorge L. Fernandez, City Attorney, dated October 11, 1988, outlining some guidelines to assist members of City Boards and Committees in complying with the Government in the Sunshine Law. Also enclosed, for informational purposes, is another memorandum from the City Attorney, dated April 3, 1989 on legal requirements concerning Conflict of Interest and Dual Office Holding circumstances which may prohibit your membership in said bodies. Congratulations on your appointment. MH:vg Enc. a/s Si erely, TTY HIRAI City Clerk 0 r I OFFICE OF THE CITY CLERK/City Hall/3500 pan American Drive/P.O.Box 330708/Miami, Florida 33233.0708/(305) S79-MS P r (gt.tR of tFxlltt op ti MATTY HIRAI City Clerk 9e O P January 22, 1991 Mr. Jacek Schindler 2901 S. Bayshore Drive, Apt. 1C Miami, FL 33133 Dear Mr. Schindler: CESAR H. ODIO City Manager Enclosed herein please find a copy of R-90-972 which was passed and adopted by the City of Miami Commission at its meeting held on December 6, 1990, appointing you to serve on the City of Miami Urban Development Review Board. Pursuant to the Financial Disclosure law, Chapter 84-318(3), Laws of Florida, and as a member of the Urban Development Review Board, you will be required to file a Statement of Financial Interests form with the Supervisor of Elections, Dade County Department of Elections. Their address is: Metro Dade Center, 19th Floor, 111 N.W. lst Street, Miami, Florida 33130 (Tel: 375- 5553). Also enclosed is a copy of a memorandum from Jorge L. Fernandez, City Attorney, dated October 11, 1988, outlining some guidelines to assist members of City Boards and Committees in complying with the Government in the Sunshine Law. Also enclosed, for informational purposes, is another memorandum from the City Attorney, dated April 3, 1989 on legal requirements concerning Conflict of Interest and Dual Office Holding circumstances which may prohibit your membership in said bodies. Congratulations on your appointment. Sin rely, TTY HIRAI City Clerk MH:vg Enc. a/s Qv- im 2. OFFICE OF THE CITY CLERK/City Hail/3500 Pan American Drive/P.O.Box 330708/Miami, Florida 33233-0708/(305) 579-6065 U 4itLt MATTY HIRAI City Clerk Mr. Robert Chisolm R.E. Chisolm Architects Inc. 3134 Coral Way Miami, FL 33145 Dear Mr. Chisholm: Qf 'Mtbtittt January 22, 1991 CESAR H. ODIC) City Mandger Enclosed herein please find a copy of R-90-972 which was passed and adopted by the City of Miami Commission at its meeting held on December 6, 1990, appointing you to serve on the City of Miami Urban Development Review Board. Pursuant to the Financial Disclosure law, Chapter 84-318(3), Laws of Florida, and as a member of the Urban Development Review Board, you will be required to file a Statement of Financial Interests form with the Supervisor of Elections, Dade County Department of Elections. Their address is: Metro Dade Center, 19th Floor, 111 N.W. 1st Street, Miami, Florida 33130 (Tel: 375- 5553). Also enclosed is a copy of a memorandum from Jorge L. Fernandez, City Attorney, dated October 11, 1988, outlining some guidelines to assist members of City Boards and Committees in complying with the Government in the Sunshine Law. Also enclosed, for informational purposes, is another memorandum from the City Attorney, dated April 3, 1989 on legal requirements concerning Conflict of Interest and Dual Office Holding circumstances which may prohibit your membership in said bodies. Congratulations on your appointment. MH:vg Enc. a/s Sip9erely, AtLL MATTY HIRAI City Clerk 470-9-7: OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Drive/P.O.Box 330708/Miami, Florida 33133-0708/(305) 579-6065 r D'f tullTt MATTY HIRAI City Clerk Mr. Humberto Alonso Architectura Totalis Corp. P.O. Box 453105 Miami, FL 33245 Dear Mr. Alonso: L�SI op O P q���Q.EIOQ\O January 22, 1991 CfSAR H. 01310 City Mandger Enclosed herein please find a copy of R-90-972 which was passed and adopted by the City of Miami Commission at its meeting held on December 6, 1990, appointing you to serve on the City of Miami Urban Development Review Board. Pursuant to the Financial Disclosure law, Chapter 84-318(3), Laws of Florida, and as a member of the Urban Development Review Board, you will be required to file a Statement of Financial Interests form with the Supervisor of Elections, Dade County Department of Elections. Their address is: Metro Dade Center, 19th Floor, 111 N.W. 1st Street, Miami, Florida 33130 (Tel: 375- 5553) . Also enclosed is a copy of a memorandum from Jorge L. Fernandez, City Attorney, dated October 11, 1988, outlining some guidelines to assist members of City Boards and Committees in complying with the Government in the Sunshine Law. Also enclosed, for informational purposes, is another memorandum from the City Attorney, dated April 3, 1989 on legal requirements concerning Conflict of Interest and Dual Office Holding circumstances which may prohibit your membership in said bodies. Congratulations on your appointment. MH:vg Enc. a/s Si erely, (14kz-a�— NATTY HIRAI City Clerk 4?o-q?s OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Drive/P.O.Box 330708/Miami, Florida 33233-0708/(305) 579-6065 0 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANCUM PZ=12 TO Honorable Mayor and Members DATE NO V 2 71991) FILE of the City Commission SUBJECT Confirming Appointments and Terms of Office for Members of the Urban Development FROM REFERENCES Review Board Agenda Item Cesar H. Od PZ-12; City Commission City Manager ENCLOSURES. Meeting of December 6, ' 1990 RECOMMENDATION It is respectfully requested that the City Commission make two appointments, and confirm previous appointments and terms of office, to the Urban Development Review Board. BA KGROUND The Urban Development Review Board was reconstituted by Ordinance 10674, November 30, 1989. On February 7, 1990, by Motion 90-115, Robert E. Chisholm and Humberto Alonso, Sr. were appointed, as nominated by Mayor Suarez. On April 12, .1990, by Motions 90-292, 293 and 294, the Commission made six appointments but established terms of office for only two of the appointees. On September 27, 1990, the City Commission requested the Administration to develop procedures for, or assign the remaining terms of office. The Law Department, by memoranda dated October 4 and 16, 1990 (attached) have supplied the requested procedures to automatically assign terms of office, requiring that the Commission confirm the terms at its next available meeting. The draft Resolution attached, prepared by Law Department, provides for two appointments by Commissioner De Yurre, and assigns terms of office to all appointments. Attachment cc: Planning Division Planning, Building & Zoning Department 90-- - 972 it I natty Hirai City Clerk •.�c• I'• •, �,luiez Ci y Att;orn- y I"— 01Y nr MIAMI FLORInA INTER -OFFICE MEMORANDUM DATE October 4, 1990 FILE : MIA-90-53 s„rurCr : Designation of terms of off ice/ City Ward appointees WFEMNCES Request for Legal Opinion t NC, 0SURES ( 1 ) This is iIt response to your inquiry in regard s,rhstantially the following question: DOES THE CITY COMMISSION LAWFULLY DISCHARGE ITS RESPONSIBILITY WHERE, AT THE TIME OF THE ROLL CALL VOTE UPON ITS APPOINTMENT OF BOARD MEMBERS, THE COMMISSION FAILS TO SPECIFY THE TERMS OF OFFICE FOR EACH MEMBER BEING APPOINTED BUT INDICATES ON THE RECORD ITS WILLINGNESS TO IIAVE THE .TERMS SPECIFIED (1) BY THE CITY ATTORNEY; OR (2) BY LOT, WITH THE CITY COMMISSION BEING INFORMED SUBSEQUENT TO SUCH SPECIFICATION OF TERMS FOR THE APPOINTEES? to We are of the opinion that there is nothing unlawful in the City Commission bifurcating the function to. be performed by J.t when board appointments are being made. However, there are legal concerns over the procedure required to be followed in lawfully implementing the above bifurcation method which the Commission apparently wishes to use at its option or discretion. . While the customary or historical practice of designating a member's term at the time of the roll call vote is certainly the simplest to record or monitor from an administrative point of view, there has been an. alternative practice of bifurcation followed in certain appointments made by the Commission in the past. We refer to the bifurcated method of appointing the City Clerk, the City Attorney and the City Manager. In the appointment of persons to serve in these positions, the practice ha;; been to mako tho initial selection and appointment of the irT,iividual and shortly thereafter to specify and designate the 972 EXHIBIT "B" ,,, tatty Hirai October 4, 1990 Res: Designation of terms of office/City Board Appointees Page 2 -n1ary or compensation to he paid persons serving in their respective capacity. Undoubtedly, the advent of the Sunshine Law has contributed to the Commission's perceived need on occasion to use the bifurcated method in making board appointments. With the heavy Agenda of Items to be considered during City Commission Meetings, there is apparently not enough time to engage in an open analysis; explanation and discussion by the Commission on details for each such Agenda Item; e.g., the length of service of individual board members on the several boards whose multiple vacancies are being filled where members are to serve varying terms of office. Wo have assumed in making this determination that the boards in question are boards where all board members serve on the same level of authority or dignity and that each �,oard member's vote and participation is equal to each of all the tither board members vote and participation; in other words, that there are no deviations in weight or consideration among members of the boards in question. The distinctions and variables requiring analysid.and discussion and (and therefore time) deal with the situation where there are multiple vacancies with varying terms of office to be filled with possibly different criteria for membership eligibility and where there has apparently been no special pre -meeting briefing given to each of the individual commissioners on factors, such as; which incumbent Commissioner or predecessor Commissioner in a particular Group (Groups I through V) originally nominated the board member. whose departure has resulted in the vacancy to be filled or whose membership term has expired resulting in the vacancy on the board in question. Because the first instance of using the bifurcated method involved a newly reconstituted board, the Urban Development Review Board (Ordinance No. 10674, 11/30/89), no such pre -Meeting briefing was necessary or possible for the February 7, 1990 or April 12, 1990 Meeting when that Board's appointments were scheduled. At the latter meeting eight nominations of eligible ,individuals were made, leaving two nominations to be made on this hoard which has staggered terms for its membership. Since the matter' was deferred by the Commission at its September 27th Meeting, and will not he again considered before the November 8th Meeting, ovtr office will address the subject under separate cover at a later date. 90- .9"72 F Marty Hirai October 4, 1990 no?: Designation of terms of office/City board Appointees Page 3 By a copy hereof to the City Commission, we offer the following as a possible procedure to be. followed by the rommissiun in order to avoid any administrative misunderstanding which cot:id ucrttr in the fttt.tire if there is an unreasonable delay in informing the City Commission of the terms being tentatively assigned for board member appointments when this bifurcated method is used: 1. A Commissioner's nomination of an individual where there is more than one vacancy and the vacancies exist for different terms could be accomplished by such Commissioner making a nomination stating the following: "I nominate (name of nominee) with the term of office for such member to be as designated and announced by the City Clerk on the record prior to the adjournment of thi,s Meeting." 2. where there has been more than one nomination for multiple vacancies having varying terms of service with no terms being specified by the nominating Commissioner(s) for the prospective members, the matter before the Commission for a vote would then properly be stated by the Chair (Mayor or Vice -Mayor) in substantially the following manner: "j.Name of 2 i 21 and (name of nomin2el etc. have been nominated with the specific terms of office for each such member to be as designated and announced by the City Clerk on the record prior to the adjournment of this Meeting." With a legislative body's power to appoint members being non -delegable, only the City Commission may exercise the appointive power. The bifurcated method affords the City Commission an opportunity to exercise this power in a two-step process similar to the process used in exercising its appointive bower in selecting the � 'ity Manager, City Clerk and City Attorney. JoJn.QI _v_Thaly�, 204 So.2d 550 (Fla. 1st OCA 1967), j Accordingly, there is no true delegation of power which occurs V 90- 972 c.� natty Hirai Re: Des ignation Page 4 October 4, 1990 of terms of office/City Board Appointees in the situation under discussion. This is so because the nominating Commissioner(s) in making nominations with no terms tieing specified, by implication, have only deferred their exerrise of the pnwer to designate the members' terms. �sapdv v. Sholla 169 So. 487 (Fla. 1936). Further, the City Ctmunission, by its subsequent conduct at the same or succeeding Meting is openly indicating the length of the term it wishes the _appointed member(s) to serve. In point of fact, the following takes place when the bifurcation method is employed: A. {i) If upon such designation end announcement tnslde by the Clerk before adjournment, no further action is taken by the nominating Commissioner(s) then the appointment(s) will have been lawfully made for the term(s) so designated And announced by the Clerk. (ii) Upon such designation and announcement being made by the Clerk before adjournment, any nominating Commissioner may then address the matter at that time in such manner as he or she deems necessary or appropriate, e.g., questioning the method used in assigning or designating the terms of members who were appointed earlier in. the Meeting. 8. If no such designation and announcement on the record by the Clerk takes place, the earlier action of the Commission will then be treated as a simple Motion and no appointments will have been made. Formalization of the Motion would then be made by having the item appear as a legislative. item on the next succeeding Meeting agenda for consideration and final action thereon in the form of a Resolution prepared by this office in conjunction with the City Clerk. Our office has attempted to eliminate the need for such t, furcated activity in regard to recent newly created or rei:onstitut.i►d boards by the preparation of enabling legislation as shown in the attacliod draft which tracks particular' nominations for member appoinfnients servinq staggered terms with 1 41 tt.it ty October 4, 1990 Re: [des icItiatinn of terms of office/City hoard Appointees Page 5 the identification of individual Commissioners from particular (',roilps (1 through V), who would he making such nominations. PREPARED nY: Robert F. Clark �{ Special Counsel c-: Mayor Xavier L. Suarez Vice- Mayor Miller J. Dawkins Commissioner Dr. Miriam Alonso Commissioner Victor H. De Yurre Commissioner J. L. Plummer, Jr. Cesar N. Odio, City Manager RFC/gmb/hss/M217 REVIEWED BY: A. Quinn Jones, IhI Deputy C}fy Attorney 90-- 972 E 11 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM 'O Sergio.Rodriguez, Director Planning, Building and Zoning Attn.: Guil ermo Olmedillo I *y�irector Jo ge- L. r-Err naez Ci y Attorne DATE October 16, 1990 FILE Dept. SUBJECT Urban Development Review Board Membership Appointments and -� Terms REFERENCES : City Commission Agenda 11/8/90 ENCLOSURES: (2 ) We have been informed that this matter, having been deferred by the. City Commission at its September 27th Meeting (Item #PZ-9), will not be taken up until the November 8th Planning and Zoning Meeting. Accordingly, we are forwarding the attached Resolutions for your review and possible Agenda placement. By way of background, Motion No. 90-115 was adopted February 7, 1990 "appointing" Robert E. Chisholm and Humberto Alonso, Sr. upon their nomination by Mayor Suarez. Thereafter, the City Commission at its April 12, 1990 Meeting adopted Resolution No. 90-292. That Resolution formalizing Motion No. 90-115 was originally characterized as a Motion (No. 90-292) and, in addition to Messrs. Chisholm and Alonso, included the appointment ("in the form of a resolution") of two additional members: Wayne C. Williams and Willy Bermello, upon their having been nominated by Commissioner Plummer although no terms were specified for these two additional members. In regard to this Resolution, please note the contents of my attached Legal Opinion (MIA 90-53, 10/4/90). After this roll -call vote (R #90-292) there were six vacant positions remaining to be filled pursuant to Ordinance No. 10674, adopted November 30, 1989: one (1) architect, four (4) landscape architects, and one (1) position to be filled from either discipline. At that same Meeting (4/12/90), the City Commission then adopted Motion No. 90-293 "appointing' Ed Wright and Roquib Albari, upon their nomination by Vice -Mayor Dawkins. The very next action on this subject was a Motion (No. 90-293) 11appointing" Jose Ferradaz and Jacek Schindler, upon their nomination by Commissioner Alonso. You are reminded that upon adoption of Ordinance No. 10789 on September 27, 1990, (Item #PZ-8) the limitation on the professional categories comprising Board membership was modified to require a minimum of five (5) architects while allowing the remaining five (5) members to be either architects or landscape architects. Accordingly, we have prepared the attached formalizing draft resolution for your use which provides for terms of office not only for -Messrs. Chisholm -and Alonso who were appointed by Resolution ' No. 90-292 but also provides for the 9Q-- 972 EXHIBIT "A" 4 41 Sergio Rodriguez, Planning, Building Attn.: Guillermo Director and Zoning Olmedillo Department October 16, 1990 Page 2 appointment and terms of office for Messrs. Wright and Albari (Motion No. 90-293, 4/12/90) and for Messrs. FeJcradaz and Schindler (Motion No. 90-294, 4/12/90). The draft resolution also provides for the appointment of two individuals who presumably are to be nominated by Commissioner DeYurre at the Commission Meeting of November 8, 1990. JLF/RFC/db/M148 Attachments cc: Cesar H. Odio, City Manager Matty Hirai, City Clerk A' Ct-nWsition; torms; appointmwnt; removal. a. The Committee shall consist of five (5) members, all of whom are appointed by the City Commission. b. All mmt-ers shell serve without compensation for terms of office as indicated herein and shall be subject to rrnK,va 1 by the Coim i ss i on for any cause. Any vacancy cx;c:urr1nU duri1KU such term shall be filled for the rem-iinder of the tern in the same manner as the original appointnx-nt. C. The terms of office of the initial nxmbership of the Committee shall Ix- as follows: Category A: 'luau (2) members shall be appointed to serve until the first Commission meeting following the 1991 regular City election. The Commissioners elected from Groups II and III shall each make one (1) ncanination of an individual to serve as a member in this Category. Category A: Three (3) members shall be appointed to serve until the first Commission meeting following the 1993 City election. The Mayor and the Commissioners elected from Groups IV and V shall each make one (1) nomination of an individual to serve as a member in this.Category. d. (Upon expiration of the Ccnnittee members' initial terms of office, succeeding appointments shall be made for terns of four (4) years or until successors are appointed and qualified. Q. No member shall serve in such capacity for more than two months from the date of the death, retirement, resignation or departure from office of the Cuminissioner ' who nc-minated such nxmiber, except that such nx3tWr shall serve until a new member is appointed by the City Commission to replace such person and if no replacement appointment is made within six (6) months of the end of such Commissioner's tenure, then this limitation shall not be applicable to such mm ber. 9U--. 972 "" `CITY OF MIAMI, FLORIDA INTF,F -OFFICE, MEMORANDUM : i. f ;i`.l I I V .1 .: b Ili TO Beverly S. Solomon DATE May 11, 1990 FILFJ-90-50 Legislative Coordinatcfit,'. SUBJECT Resolution Appointing Members to the Urban Development Board FROM �' •, / REFERENCES �0 1 E. Maxwell Motions 90-292, 90-293, and ief Assistant City Attorney ENCLOSURES : 9 0 - 2 9 4 Planning/Development Division Upon further review of the subject resolution now proposed for adoption by the City Commission embodying the referenced motions, I have become aware that all of the present nominees are "architects." As you are aware, the ordinance regulating the Urban Development Review Board, as presently written, requires a mix of "architects" and "landscape architects." Hence, we still cannot proceed with the nominations as presented by the City Commission unless a decision is made as to which of the eight (8) nominees would fill the five "architect" spots. I have spoken with Guillermo Olmedillo, Deputy Director, Planning, Building and Zoning Department, and he has agreed that this resolution should not be placed back on the City Commission agenda until such time as an amendatory ordinance which would, inter alia, remove the distinction between types of architects appointable to the board, is adopted. At such time as such an ordinance goes into effect, this item could then be placed on the agenda for further City Commission action. Again, Mr. Olmedillo, sponsor of the proposed resolution, has agreed that this item should be withdrawn from the agenda until such time as an amendatory ordinance regarding appointments to the Urban Development Review Board is enacted by the City Commission. T JEM/db/dfh/M143 cc: Jorge L. Fernandez, City Attorney Matty Hirai, City Clerk Sergio Rodriguez, Director, Planning, B & Z Dept. Guiillermo Olmedillo, Depty Director, Planning, B & Z Dept. Robert F. Clark, Special Counsel 90- 972 J-90-BO 5/10/90 RESOLUTION NO. A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO THE CITY OF MIAMI URBAN DEVELOPMENT REVIEW BOARD. WHEREAS, by Resolution No. 42762, adopted September 6, 1971, the City Commission established an Urban Development Review Board, composed of five (5) members, being either architects or landscape architects; and WHEREAS, by Resolution No. 75-1070, adopted November 24, 1975, two alternate members were added; and WHEREAS, by Ordinance No. 10674, adopted November 30, 1989, the City Commission amended the City Code and reconstituted and formalized the Urban Development Review Board, to be comprised of ten (10) architects and landscape architects who shall make ' recommendations to the Planning Director for highly -visible building projects; and WHEREAS, those board members who were initially appointed and who were serving prior to the adoption of Ordinance No. 10674 are Jonathan Seymour and Bill O'Leary, both landscape architects; Willy Borroto and Glen Buff, both of whom are architects, while other members who have served include Joe Middlebrooks, Ron Frazier, Ted Baker and the late Don Forfar; and WHEREAS, board members shall be persons of knowledge, experience, mature judgment and background having ability, special professional training and interest to act in the. public interest in order to make informed recommendations oonoerning architecture, urban, physical, landscape and site design; and WHEREAS, the newly-reoonstituted board will have ten (10) members comprised of five (5) architects; four (4) landscape arohitects and one (1) alternate of either discipline; and 90- 972 WHEREAS, the City Commission, on April 12, 1990, adopted Motion 90-292, appointing Messrs. Robert E. Chisholm [Arohiteot] and Humberto Alonso [Arohiteot] as members of the Urban Development Review Board (nominated by Mayor Xavier L. Suarez); and WHEREAS, the City Commission, in the same above -mentioned Motion 90-292, also appointed Messrs. Wayne C. Williams [Architect] and Willie Bermello [Arohiteot] as members of the Urban Development Review Board (nominated by Commissioner J. L. Plummer); and WHEREAS, the City Commission, on April 12, 1990, adopted Motion 90-293, appointing Messrs. Ed Wright [Arohiteot] and Roquib Albari [Arohiteot] as members of the Urban Development Review Board (nominated by Vice -Mayor Miller Dawkins); and WHEREAS, the City Commission, on April 12, 1990, adopted Motion 90-294, appointing Messrs. Jose Ferradaz [Arohiteot] and Jaoek Schindler [Arohiteot] as members of the Urban Development Review Board (nominated by Commissioner Miriam Alonso); and WHEREAS, the aforementioned appointments, with the exception of Messrs. Chisholm and Alonso, did not specify the term of office or position, as required by ordinance; and WHEREAS, the Urban Development Review Board appointment procedures require that the nominee's term of office and position be specified by the nominator; and 5 WHEREAS, City Code Sec. 62-84(3) provides for staggered i terms for the reconstituted board as follows: four members for a term of three (3) years; three members for a term of two (2) years, and two members and one alternate member for a term of one (1) year; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The following named persons are hereby appointed as members of the City of Miami Urban Developmtnt Review Board to serve in their designated positions and for the speoified terms 2 .� 90- 972 of office until either reappointed or a successor is appointed: 1. APPOINTEE Robert E. Chisholm PROFESSION Architect 2. Humberto P. Alonso Architect 3. Roquib Albara Architect 4. Ed Wright Architect S. dose Ferradaz Architect 8. daoek Schindler Architect 7. Willy Bermello Architect 8. Wayne Williams Architect 9. 10. NOMINATED BY TERM Mayor Suarez 3 years Mayor Suarez 2 years Comm. Dawkins Comm. Dawkins Dr. Alonso, Comm. Dr. Alonso, Comm. Comm. Plummer Comm. Plummer .� Section 2. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this day of 1990. XAVIER L. SUAREZ, MAYOR ATTEST: MATTY HIRAI, CITY CLERK PREPARED AND APPROVED BY: JOEL E. MAXWELL CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: