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HomeMy WebLinkAboutM-79-0393CITY OF MIAMI. FLORIDA INTEROFFICE MEMORANDUM J., 4401r TOt FROMs JosephR. Grassie City Manager Jim Reid, Director Planning Department DATE: {URJECT: April 13: 1979 PILI: Extension of Terms of Planning Advisory and Zoning Board Members REFERENCES: ENCLOSURES On"March ;8,.1979 the City Commission deferred the first reading of an Ordinance' amending Section 62-20<of the City Code which amend- ment would have extended the terms of certain Planning Advisory Board Members, and referred it to the Planning:. Department for further study. This memorandum describes various al- ternatives but makes no recommendation. Background The Planning Advisory Board, on December ,20,,1978," passed,a Motion recommending extension of the terms of Planning Advisory and Zoning Board members. On March 8, 1979, by Motion M 79-183B the Commission. deferred on first reading a draft Ordinance amending Section 62-20 of the City Code to extendthe terms for certain Planning Advisory and Zoning Board members and further instructed the Planning Department to study the request and report back for further con- sideration of the Commission. Alternatives Several alternatives to extend the terms of Planning Advisory and. Zoning Board members are discussed below, assuming that current members are given the opportunity for subsequent appointment: and that the Commission appoints them. (see chart attached) Alternative 1. Retain the Present Ordinance. Members and alternate members are currently appointed to staggered 3-year terms, with a maximum of two consecutive terms in office, except that members and alternate members were originally appointed to 1, 2 and 3-year terms for calendar year 1974 to accomplish the staggering. Those members originally appointed to 1 and 2 - year terms or who were subsequently appointed to unexpired terms are allowed two additional consec- utive 3-year terms. For reference, PAB member Lichtenstein could serve a total of 7 years; ZB member Baro 6 1/2 years; ZB member Basila 7 years; ZB memberalternate Rolle 7 1/2 years; ZB member Gort 8 years; ZB member Kolski 8 1/2 years, and ZB Chairperson Callahan would have the opportunity of serving 12 years. All other current Board members are limited to two consecutive 3-year terms. Alternative 2. Change the Ordinance to Allow Members to Serve a Maximum of Nine Years or Portions Thereof. This presents a practical difficulty: there is the pos- sibility that four positions on the Planning Advisory Board and five positions on the Zoning Board would all become open for appointment for calendar year 1983 (and each succeeding three years thereafter) which works against the staggering concept orginally visualized. Alternative 3. Change the Ordinance to Add One Additional 3-Year Term for all Members. This alternative would allow the op- portunity for PAB member Lichtenstein to serve 10 years; ZB member Baro 9 1/2 years.^.B member Basila 10 years; ZB alternate Rolle 10 1/2 years; ZB member Gort 11 years; ZB member Kolski 11 1/2 years and ZB Chairperson Cal- lahan 15 years. All other current members would have the opportunity of serving three consecutive terms or 9 years. __t_v4. Change the Ordinance to allow Members Originally Ap- pointed to.3-year Terms for Calendar year 1974 the Opportunity of Serving One Additional 3-year Term. This alternative, as proposed in the draft Ordinance, affects only Mmes. Rockafeller and Alexander who would have the opportunity of serving 9 years on the PAB. Terms of other members of either Board would remain. the same as shown in Alternative 1. BOARD/MEMBERS PLANNINGADVISORY`. BOARD Smith Lichtenstein Alexander Luaces Martinez Rockefeller Silva Alternate: Rosichan ZONING BOARD Callahan Gort Baro Basile Career Freixas. Kolski Alternated Rolle KEY: ALTERNATIVES: EXTENSION OF TERMS OF PLANNJING ADVISORY AND ZONING BOARD MEMBERS YEARS 74 75 76 77 : 78 79 80 81 ---1=1:■11 28 Alt. Unespire Term PAB Alter. ate 82 83 84 85 87 88 89 a.g .. - 4:67.1 IIMMI Unexpired Term — IEW. — (Assumes Members are Re -appointed) Completed/Existing Terms semwsia Alt. 1 Present Ordinance: Final Term Alt. 2 Maximum 9 Yrs. or Portions C44?"r'•'e" ;Alt. 3 Add 1• 3 - Year Term _Alt. 4 Add 1•-3- YearTerm Selectively a une.cpired Term — — vormik wow.* 2/20/79 s ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, CHAPTER 62, SECTION 62-20 REAPPOINTMENT, BY DELETING SECTION 62-20 IN ITS ENTIRETY AND SUBSTITUTING IN LIEU THEREOF A NEW SECTION 62-20 PROVIDING A MEMBER OF THE PLANNING ADVISORY BOARD OR OF THE ZONING BOARD MAY BE REAPPOINTED FOR NOT MORE THAN ONE ADDITIONAL CONSECUTIVE THREE (3) YEAR TERM, IN THE MANNER HEREIN SET OUT; BUT THIS PROVISION SHALL NOT BE APPLICABLE TO THOSE MEMBERS APPOINTED TO FILL AN UNEXPIRED TERM UNDER SECTION 62-21 OF THIS ARTICLE OR TO THOSE MEMBERS APPOINTED FOR ONE (1), TWO (2) OR THREE (3) YEAR TERMS, EFFECTIVE JANUARY 1, 1974, UNDER SECTION 62-17 OF THIS ARTICLE AND THAT SUCH PERSONS MAY SERVE TWO (2) CONSECUTIVE FULL THREE (3) YEAR TERMS THEREAFTER; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT INSOFAR AS THEY ARE IN CONFLICT, AND CONTAINING A SEVERABILITY PROVISION. BE IT ORDAINED BY THE COMMISSION OF THE Section deleting CITY OF MIAMIFLORIDA: Section, I The Code of the City of Miami, Chapter 62-20 REAPPOINTMENT, be and the same is hereby amended by. Section 62-20 in its entirety and substituting in lieu thereof a new Section 62-20 to read as follows Section 62-20 Reappointment. thereof A member of the Planning Advisory` Board: or of the ,Zoning Board may be; reappointed for not -more than one additional consecutive three (3) year term, in the: mariner herein,-; set ;':out 'but this provision'- shall not he -applicable to those'membersappointed.to;fill an unexpired term under,Section 62-21 of; this"ar.ticle`or to those members appointed for one'(1) , two ;(2) or three-.(3) year :terms, effective. January 1', 1974, under Section 62-17 of this article and that 'such persons may serve .two �'(2) consecutive full three (3) year terms thereafter. Section 2. All or in conflict herewith, hereby repealed. Section 3: ordinances, code sections,,or parts insofar as they are in conflict, are Should any part or provision of this ordinance be declared by a court or competent jurisdiction to be invalid, the affect the validity of the ordinance as a whole. same shall not PASSED ON FIRST READING BY TITLE ONLY this day .of �: , 1979. PASSED AND ADOPTED ON SECOND READING BY TITLE ONLY day, of , 1979. ATTEST: CITY CLERK" PREPARED AND APPROVED BY: ltl/ G. M R AM MAER ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND.CORRECTNESSc 74111 c 0'e' F. KNOX, JR. CIT ATTORNEY 2.