HomeMy WebLinkAboutmemo 10-16-08CITY OF MIAMI
INTER -OFFICE MEMORANDUM
To: Honorable Members of the
City Commission
From: Priscilla A. Thompson
City Clerk
Date: September 23, 2008
Subject: Zoning Board
References: October 16, 2008 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.
One (1) appointment is required at this time. Our office has advertised for applications in a
newspaper of general circulation as required by City Code Sec. 62-123 and are attached.
• Commissioner Gonzalez has one (1) nomination for a seat currently held by:
1. Miguel A. Gabela, incumbent, whose term expires September 30, 2008. *
By copy of this memorandum, we are requesting the Agenda Office to place this issue on the
October 16, 2008 Commission agenda. For your convenience, we are including a copy of the
current membership of said board. *This matter was deferred from the June 12, 2008, July 10,
2008 and September 11, 2008 Commission meetings.
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
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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.
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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