HomeMy WebLinkAboutmemo 4-2-09CITY OF MIAMI
INTER -OFFICE MEMORANDUM
To: Honorable Members of the
City Commission
From: Priscilla A. Thompson
City Clerk
Date: March 17, 2009
Subject: Zoning Board
References: April 2, 2009 Agenda
Enclosures: List of members
The Zoning Board was created to: (1) hear applicants for the rezoning of specific properties and
make recommendations to the Commission; (2) act as a quasi-judicial instrument for granting
variances or conditional uses; and (3) perform such other functions as requested by the
Commission. Members appointed to the Board must be electors of the City of Miami. See attached
legal opinion.
Pursuant to Resolution R-04-0025, the procedure to appoint an alternate member of the
Zoning Board provides for the nomination of the alternate member to rotate among each
District Commissioner, beginning January, 2005. The nomination rotation of the alternate
member of the Zoning Board shall continue as follows: District 3- January 2006; District 4 —
January, 2007; District 5 — January, 2008; and District 1 in January, 2009, with continued
rotation by the Commissioner for each District for subsequent years.
Six (6) appointments are required at this time. Our office has advertised for applications in a
newspaper of general circulation as required by City Code Sec. 62-123. See attached.
• Vice Chair Spence -Jones has two (2) nominations for seats currently held by:
1. Cornelius Shiver, incumbent, whose term expired March 12, 2009.
2. Ron Cordon, incumbent, whose term expired March 12, 2009.
• Commissioner Gonzalez has one (1) nomination for a seat currently held by:
1. Lazaro J. Lopez, incumbent, whose term expires September 10, 2009, has exceeded
the number of allowed absences (3 consecutive in 2009) and would require a 4/5ths
waiver of attendance.
• Commissioner Sarnoff has one (1) nomination for a seat currently held by:
1. Vacancy (seat formerly held by Joseph Ganguzza).
• Commissioner Regalado has two (2) nominations for seats currently held by:
1. Angel Urquiola, incumbent, whose term expired March 12, 2009; further, as he has
served as a member since 4/13/00, exceeding Code term limits, he would require a
term waiver by a unanimous (5/5ths) vote of the Commission.
2. Charles Garavaglia, incumbent, whose term expired March 12, 2009; further, as he has
served as a member since 6/25/01, exceeding Code term limits, he would require a
term waiver by a unanimous (5/5ths) vote of the Commission.
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By copy of this memorandum, we are requesting the Agenda Office to place this issue on the April
2, 2009 Commission agenda. For your convenience, we are including a copy of the current
membership of said board.
Please be aware that City Code Section 62-124 states in part:
"In reaching a decision on appointment to a vacancy on the planning advisory
board or on the zoning board, the city commission shall give due regard to, and be
guided by the necessity for representation on the boards, of:
(1) Geographical sections and areas of the city;
(2) Social, economic and demographic characteristics of the city;
(3) Qualifications, background, experience and abilities of appointees to fulfill the
duties and responsibilities of board membership or alternate membership;
prospective appointees shall be subject to a personal appearance before the city
commission, to afford the city commission an opportunity to ascertain
prospective nominees' proficiency in the English language, educational
background and general knowledge of planning and zoning.
(4) Prior demonstration by prospective appointees of interest in and concern for
planning and planning implementation, as may be evidenced by previous
attendance at planning or land use control seminars;
(5) Membership in organizations having the primary aim of the furtherance of
dissemination of knowledge of and support of sound planning and
implementation programs;
(6) Other activity evidencing knowledge and interest in the public purposes of
planning and plan implementation;
(7) Potential conflicts of interest;
(8) Demonstrated maturity and objectivity of judgment; and
(9) Needs for expertise, if any, in the membership and alternate membership of
boards.
Appointees shall be persons in a position to represent the public interest
and no person shall be appointed having personal or private interests likely to
conflict with the public interest.
No person shall be appointed who has any interest in the profits or
emoluments of any contract, job, work, or service for the city. Before making any
appointment, the city commission shall determine that the persons so appointed
satisfies the requirements of sections 2-611 (Conflicts of Interest) et seq., and no
person shall be confirmed in appointment who has not filed the statement
required by section 2-615 (List of real estate owned - Required of certain
officials). In addition, the code of ethics of Metropolitan Dade County shall apply
to members and alternate members of the planning advisory board and of the
zoning board. This matter was deferred from the March 12, 2009 Commission
meeting.
PAT:pb
c: Maria J. Chiaro, Deputy City Attorney
Teresita Fernandez, Chief, Hearing Boards
Elvi Gallastegui, Agenda Coordinator
Juvenal Pina, Chairperson
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