HomeMy WebLinkAboutItem #23 - Discussion ItemTO
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The Honorable Members of the
City Commission
eor
Cit
F. Knox,
ttorney
,.
•
1Vetenbet 8; 10$
City of Miami planning AdVisdry
board - Mr, Isidro C. 8irja
Pursuant to City Commission request by Motion No. 78-367
dated May 31, 1978, the administration prepared an Ordinance
expanding residency requirements for City Boards and Committees.
On October 24. 1978, the City Commission refused to act upon
the proposed Ordinance expanding said residency requirements,
declaring that pursuant to City Code Section 62-19 all Plann-
ing Board Members must be electors within the City of Miami.
Subsequently, the City Commission directed the City Attorney
to act as its agent in sending formal notice to Planning
Advisory Board Member Mr. Isidro C. Borja, that he is no longer
a member of said Board.
Pursuant to City Code Section 62-22, the opportunity for a
public hearing had been offered to Mr. Borja by setting aside
time on the November 9th, 1978 City Commission Agenda at
approximately 2 : 30 P.M. for Mr. Borja to publicly present any
objections or statements he may have concerning the City
Commission's action.
Attached hereto are copies of the relevant portions of the City
Code.
GFK/GMM/s
Attachments
78-702
r'7 8 - 7 cl
i78-703
i`
§ t;2-19 ;\IteV.tt ('lit CODE
►til�licly ati•ailahte in the manner set out. (Ord, r 1; Ord.
No. $2:1,§1.1
Set. 112-l9. Qualifications.
In teaching a decision on :tppointttient to a vacancy on the
planning advisory hoard or on the zoning hoard, the city
commission shall give clue regard to, and be guided by the
necessity for representation on the hoards, of (11 geographical
sections and areas of the t:ity: (21 social, economic and
demographic characteristics of the city; 1:3) qualification,.
background, es.Irt'rience and abilities of appointees to fulfill the:
duties and responsibilities of hoard membership or alternar.
membership; r I prior denu,nst ration by prospective appointeesl of
interest in and concern for planning and planning.
implementation, as may he evidenced by previous attendance a:..
planning :tnd land a<e control -.eminars; i:)► membership In
organizations haying the pritnar2. aim of the furtherance t,:
dissemination of krotcledge 1,1' and :-upport of sound planning anti
implementation progr;tnts, tt;) other activity evidencirt'
knowledge and interest in the public purposes of planning and
plan implementation: 1 ► potential conflicts of interest: tsn
denunlstrated maturity and uhjectiv it y of judgment; and 0.11 needs _
for expertise, if any, ir the toemhershitt and alternate
membership t:(' the hoard- Appointees shall he persons in a
position to re..{rr't•,,ent the puhtic intere.t.:und no pt. :on shall lk'
appointed having personal or private interests likely to conflict
with tine public interest. refit:
No person shall he appointed vvho has any interest in the p
or emoluments of any contract, jolt, tcurk, or service for the city
No person shall he appointed \vim holds any elective office ur is
employed in t full-tittuw capacity h;: any governmental authority in
the county ur the city. Before making any appointment, the city:
cotntnission shall determine that the person so appointed satisfie.i
the requirements of sections 2-101 through 1(18, and no person
shall be confirmed in appe,lnttn 'nt who has not filed the
statement required 1) section 2-Itl5. In addition, the ('ode. of
Ethics of Metropolitan Dade County shall apply to members and
alternate members of the planning advisory hoard and of the
zoning hoard.
=W.
■
02-20
7o;:t;:c; AND PLANNING
62-22
Persons appointed shall be electors of the city:
No member or alternate member of the planning advisory board
or of the zoning board shall be confirine'l in his appointment until
he shall sign a statement agreeing to participate in at least one
seminar on planning to be held in Florida, and approved by the city,
during the course of each year he shall remain a member or
alternate member of the planning advisory hoard or of the zoning
board. Failure to meet this requirement
alternate tl)memhersllilland every c,m:i� ar the
er
assuming board membership
or deemed grounds fur removal under section 1; 2-21. (Ord. No. 8193,
E 1;Ord. No.�''.:;.1,
Sec. 62-20. Re•appointinert.
A member or an alternate member of the planning advisory
board or of the zoning g board. may he re -appointed for not more
than on,, additional c,msecutive three year term, in the manner
herein set nut; but this. provision shall not be applicable to those
nwinl,ers or alternate meml,t'rs ;.l,poiiiie cl to fill an unexpired term
under
section 1;2-21, or to tie's,: members for alternate members
appointed for one or two year terms under section I12-1 i of this
article, and that such persons serve two conse'cut ive full three year
,�- ti
terms. (()rd- \,,, ,.� .�. l; Or,'. No.
Sec. 62-21. Vacancies.
Vacancies in the membership or alternate membership e illcf the
planning advisory hoard or of the zoning hoard shall
the city commission by appointment in the manner herein set out
and for the unexpired term of the member or alternate member
affected; provided, the city commission may appoint an alternate
member of a board to a vacancy as a full member of the board
without resort to the procedural requirements of section 62-18.
It shall be the duty of the chairman of the panning advisory
board or the chairman of the zoning beard, as the cast may be, to
notify the city clerk within ten days after a vacancy occurs, and
the city clerk shall promptly transmit such information to the city
commission for appropriate commission action as set out herein.
(Ord. No. pl't:c, § 1; Ord. No. 2:34, § 1.)
Sec. 62-22. Removal.
(a) Members and alternate members of the planning advisory
1210.19
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•a A .�.syt� "�i+ n••ti�.t�_ .3 (ik„ , �'' fSy ��y¢� .:_ C�
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4111
,Y RLS�y*1/ P
iV4r-
62-23 MIAMI CITY CODE § 62-2-1
'Ward and of the zoning board may be removed for cause by the
city commission upon the votes of not less than three rnembers of
the commission, upon written charges and public hearing, if to
memher or alternate member affected requests such public
hearing.
(b) There is hereby established a point system. Each member or
alternate memher of the planning advisory hoard and the zoning
board who has an unexcused absence from a regularly scheduled
meeting of the heard shall receive five points. For the purpose of
this article, an :cued absence shall he defined as personal or
family illness, death in the family or away on city business. If
member arrives after the beginning of the first agenda item or
leaves before the termination of the East agenda item, two paints
shall be added.. member of the planning advisory hoard and of
the zoning board shall automatically be removed when any member
or alternate member of either board at any time in one calendar
year has more thao1 fifteen points. (Ord. No. 81115, § l; Ord. No.
82:34, § 1; Ord. N', 'Fi:;7, 1.)
See. 62-23. Compensation.
Members and alternate members of the planning advisory hoard
and of the z,niinn board, shall receive a remuneration of one
hundred dollars per month; provided, that the alternate member:
first appointed shall receive compensation tip to one hundred
dollars per month retroactively at the end of the budget year
197:3-74, if money is ,available from fees collected Turing such
budget y. ar. The city commission shall make provision for the
payment of actual and necessary expenses, in accordance with city
policy, fur the attendance of each member and alternate member
of boards at one city authorized planning. seminar or conference
each year to In he in the State of Florida. (Ord. No. 8195, § 1;
Ord. No. tit 3.1, § 1.)
Sec. 62-21. Public notice -- Generally.
Where public notice is required, the administration of the
comprehensive planning program as set out in section 72 of the
City Charter and ordinances enacted thereunder, the type and
manner of public notice to be given shall he :as :,et out in the
ordinance or section of the ordinance for the matter involved and
as set out in section 62-25. (Ord. No. S19F, § 1; Ord. No. 8934, 5 1.)
12-10.20
Sapp. a s2. 5•7;
MIO
CITY ATTORNEY
GEORGE F. KNOX, JR.
trfj.tiiiam.-
. •
LAW DEPATMENT
t 74 EAST F,LAG,„..,:,,,P
33131
November 3, 1978
Mt, Isidro C. Borja
10201 S.W. 80th Avenue
Miami, Florida
Dear Mr. Borja:
ct
FIst.Nitb
Pursuant to Miami City Code Section 62-22, a public hearing
before the City Commission has been scheduled for November
9, 1978, in order to provide you with an opportunity to
respond to the action of the City Commission removing you
from the Planning Advisory Board.
Very truly yours,
GEORGE F. KNOX, JR,
GrK/s City Attorney
cc: Robert A. Davis
Director
Planning and Zoning Board
Jim Reid, Director
Planning Department
irf ;.4.11*.tarib
LAW C)E AFtiM=PVT
EASt =P.
33131
Mt, Isidro C. Borja
121 S.W. 80th Avenue
Miami, Florida
Dear Mr. Borja:
It has come to our attention that the Supervisor of Elections
for Dade County has determined that you are no longer a registered__
elector within the City of Miami.
City of Miami Code Section 62-19 requires that all members of the
Planning Advisory Board rust be electors of the City of Miami_.
Should you wish to tender your resignation, please submit the same
in writing addressed to the members : of the City Commission.
Should you choose not to resign, please regard this letter as
formal notice that you are no longer a member of the City of Miami
Planning Advisory Board. Pursuant to Section 62-22 of the Code,
you are entitled to a Public Hearing before the City Commission
regarding this matter.
GFK/ MM/s
cc: Mr. Isidro C. Borja
Weathertrol Maintenance Co.
7330 N.W. 12th Street
Miami, Florida 33126
Mr. Isidro C. Borja
2 S.W. 24th Road
Miami, Florida
Robert A. Davis, Director
Planning & Zoning Board
Jim Reid, D.ir-ict r.
Piannin ; i)3pt.
rely,
OEORc F. KNOX, JR
City iJttorrtey
iID011 W Avisut
-t 1,_. v
siMbAaMoRo8c1AHING8 Cal
'78 NOV q P 3 70
November 6, 1978
'Mr, fobert Davis
Miami Planning
Advisory Board
3500 an American Drive
Dinner Key
Miami, Florida
Dear Mr. Davis
Today I receiVed a notification of a hearing to be
held on November 9th regarding my position in the
Planning Advisory Board.
I will be leaving town on. Wednesday November Bth,
therefore, I will not be.able to attend this hearing.
Yours very truly,
Isidro orja