HomeMy WebLinkAboutZoning MemoCITY OF MIAMI
INTER -OFFICE MEMORANDUM
To: Honorable Members of the Date: February 26, 2010
City Commission
r �t_ Subject: Zoning Board
From: Priscilla A. Thompson References: March 11, 2010
City Clerk
Enclosures: List of members, Applications
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. 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.
Pursuant to Sec. 62-124 ((b), (c), (d)) of the City Code, No person shall be appointed who has
any interest in the profits or emoluments of any contract, job, work, or service for the city.
No person shall be appointed who holds any elective office or is employed in a full-time
capacity by any governmental authority in the county or the city. Members appointed to the
Board must be electors of the City of Miami. Before making any appointment, the city
commission shall determine that the person so appointed satisfies the requirements of sections 2-
611 (Conflict 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). Per application, such disclosure is to be made within 30 days of appointment. 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.
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.
Ten (10) appointments are needed at this time. Our office has advertised for applications in a
newspaper of general circulation as required by City Code Sec. 62-123. We have received
applications from the following: See attached.
1. Ileana M Hernandez -Acosta 2. Lazaro J. Lopez 3. Carlos Manuel Martell
4. James A. Marx 5. Michael Schiff 6. Patrick Earl Sessions
7. Maria Beatriz Gutierrez (She is 8. Rafael J. De La Sierra
a full time Dade County (Not qualified as he is
Employee and a City resident; NOT a City of City of
requires a 4/5 1h waiver of the Miami Elector)
Commission if a resident of
City of Miami). See Sec. 2-884
• Chairman Sarnoff has two (2) nominations for seats currently held by:
1. Bret Berlin, incumbent, whose term expires on March 11, 2010, has exceeded the
number of allowed absences (5 absences in 2009) and would require a 4/5ths waiver
of attendance.
2. Vacant.
Note: One of the appointments of District 2 Commissioner will be an alternate member
for year 2010.
• Vice -Chairman Frank Carollo has two (2) nominations for seats currently held by:
1. Juvenal Pina, incumbent, whose term expired September 10, 2009.
2. Ileana Hernandez, incumbent, whose term expired September 10, 2009, has served
since 01/13/1994 and would require a 515th term limit waiver.
• Commissioner Wifredo (Willy) Gort has two (2) nominations for seats currently held by:
1. Lazaro J. Lopez, incumbent, whose term expires on April 1, 2010,
2. Vacant.
• Commissioner Francis Suarez has two (2) nominations for seats currently held by:
1. Angel Urquiola, incumbent, whose term expires on April 1, 2010 has served since
April 13, 2000 and would require a 515 t term waiver.
2. Charles Garavaglia, incumbent, whose term expires on April 1, 2010 has served since
April 13, 2000 and would require a 5151h term waiver.
• Commissioner Richard Dunn II has two (2) nominations for seats currently held by:*
1. Cornelius Shiver, incumbent, whose term expires on April 1, 2010 has exceeded the
number of allowed absences (4 in 2009) and would require 4/51h waiver of absences.
2. Ron Cordon, incumbent, whose term expires on April 1, 2010 has exceeded the
number of allowed absences (6 in 2009) and would require 4/51h waiver of absences.
For your convenience, we are including a copy of the current membership of said board. By copy
of this memorandum, we are requesting the Agenda Office place this issue on the March 11,
2010 Commission agenda.
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.
PAT:
c: Maria J. Chiaro, Deputy City Attorney
Anel Rodriguez, Liaison, Hearing Boards
Elvi Gallastegui, Agenda Coordinator
Juvenal Pina, Chairperson