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LTC 526-2021 City Land Use Boards - Existing Vacanies526-2021 /\AIA/\AI OFFICE OF THE CITY MANAGER NO. LTC# LETTER TO COMMISSION TO: FROM: DATE : Honorable Mayor Dan Gelber and Members of the City Commission Alina T. Hudak, City Mana~ December 13, 2021 , SUBJECT: City Land Use Boards -Existing Vacancies The City has several vacancies and/or term expirations on the Board of Adjustment (BOA), Planning Board (PB), Historic Preservation Board (HPB), and Design Review Board (ORB). The following is a summary of the vacant membership categories for each of these boards: BOARD OF ADJUSTMENT In accordance with Chapter 118 of the City Code, all members of the Board of Adjustment must be either residents of or have their principal place of business in the City. Additionally, each member of the board must be appointed by a 517 th vote of the City Commission. The Board of Adjustment is composed of two (2) citizens at-large and five (5) members appointed from the following categories (no more than one per category): 1. Law 2. Architecture 3. Engineering 4. Real Estate Development 5. Certified Public Accounting 6. Financial Consultation 7. General Business The following will be the vacancies on the Board of Adjustment as of December 31, 2021: 1. Law. This position is currently held by Mr. Richard Segal, whose term expires on December 31, 2021. Mr. Segal is term limited and not eligible to be re-appointed. 2. General Business. This position is currently held by Mr. Michael Goldberg, whose term expires on December 31, 2021. Mr. Goldberg is eligible to be re-appointed. 3. Citizen At-Large. This position is currently held by Mr. Yechiel Ciment, whose term expires on December 31, 2021. Mr. Ciment is eligible to be re-appointed. 4. Public Accountant. This position is currently held by Mr. James Orlowsky, whose term expires on December 31, 2021. L TC -Land Use Board Vacancies Date: December 1, 2021 Page : 2 of 6 Mr. Orlowsky is term limited and not eligible to be re-appointed. 5. Financial Consultant. This position is currently held by Ms. Joy Malakoff, whose term expires on December 31, 2021. Ms. Malakoff is eligible to be re-appointed. PLANNING BOARD In accordance with chapter 118 of the City Code, the planning board shall be composed of seven regular voting members. Each regular member shall be appointed with the concurrence of at least four members of the city commission and shall serve for a term of two years. All regular voting members of the board shall have considerable experience in general business, land development, land development practices or land use issues, and the board shall at a minimum be comprised of: (1) One architect registered in the State of Florida; or a member of the faculty of a school of architecture in the state, with practical or academic expertise in the field of design, planning, historic preservation or the history of architecture; or a landscape architect registered in the State of Florida; or a professional practicing in the fields of architectural or urban design, or urban planning; (2) One developer who has experience in developing real property; or an attorney in good standing licensed to practice law within the United States; (3) One attorney licensed to practice law in the State of Florida who has considerable experience in land use and zoning issues; ( 4) One person who has education and/or experience in historic preservation issues. For purposes of this section, the term "education and/or experience in historic preservation issues" shall be a person who meets one or more of the following criteria: a. Has earned a college degree in historic preservation; b. Is responsible for the preservation, revitalization or adaptive reuse of historic buildings; or c. Is recognized by the city commission for contributions to historic preservation, education or planning; (5) Two persons who are residents at-large and who currently reside in the city and have resided in the city for at least three consecutive years at the time of appointment or reappointment. Additionally, strong preference shall be given to individuals who have previously served on a Miami Beach board or committee and/or completed the Miami Beach Leadership Academy course, and to individuals not currently working in the fields of real estate development, real estate brokerage/sales, real estate law, or architecture; and (6) (i) A licensed professional engineer, licensed professional architect, or licensed professional landscape architect with expertise in water resources; (ii) A person licensed by the State of Florida in hydrology, water or wastewater treatment; (iii) A person with a degree from an accredited college or university in a field of study related to water resources ; or (iv) A floodplain manager or a principal community administrator responsible for the daily implementation of flood loss reduction activities including enforcing a community's flood damage prevention ordinance, updating flood maps, plans, and policies of the community, and any of the activities related to administration of the National Flood Insurance Program (NFIP) (a "water management expert"). L TC -Land Use Board Vacancies Date : December 1, 2021 Page : 3 of 6 Except for the resident at large positions above, no person except a resident of the city, who has resided in the city for at least one year, shall be eligible for appointment to the planning board . This residency requirement shall not apply to the water management expert position. Additionally, the City Commission may waive the residency requirements by a 517 th vote in the event a person not meeting these requirements is available to serve on the board and is exceptionally qualified by training and/o r experience. The following are the current vacancies on the Planning Board as of December 31 , 2021. 1. Developer/ Attorney. This position is currently held by Mr. David Wieder, whose term expires on December 31 , 2021. Mr. Wieder is eligible for re -appointment. 2. Attorney. This position is currently held by Mr. Mark Meland, whose term expires on December 31, 2021 . Mr. Meland is termed-out and not eligible to be re-appointed. 3. Water Management Expert. This position is currently held by Ms. Ayssa Di Pietro, whose term expires on December 31 , 2021 . Ms. Di Pietro is eligible for re-appointment. 4. Resident At Large I General Business Category. This position was previously held by Mr. Alex Fernandez. Mr. Fernandez was elected to the City Commission and has resigned from the Board. HISTORIC PRESERVATION BOARD In accordance with Chapter 118 of the City Code, the historic preservation board shall be composed of seven members. There shall be a member from each of the following categories: (1) A representative from the Miami Design Preservation League (MDPL), selected from three names nominated by such organization. (2) A representative from Dade Heritage Trust (DHT), selected from three names nominated by such organization. (3) Two at-large members, who have resided in one of the city's historic districts for at least one year, and who have demonstrated interest and knowledge in architectural or urban design and the preservation of historic buildings. ( 4) An architect registered in the State of Florida with practical experience in the rehabilitation of historic structures. (5) (i) A licensed professional engineer, licensed professional architect, or licensed professional landscape architect with expertise in water resources; (ii) A person licensed by the State of Florida in hydrology, water or wastewater treatment; (iii) A person with a degree from an accredited college or university in a field of study related to water resources; or (iv) A floodplain manager or a principal community administrator responsible for the daily implementation of flood loss reduction activities including enforcing a community's flood damage prevention ordinance, updating flood maps, plans, and policies of the community, and any of the activities related to administration of the National Flood L TC -Land Use Board Vacancies Date: December 1, 2021 Page: 4 of 6 Insurance Program (NFIP) (a "water management expert"), each of the foregoing with professional experience and demonstrated interest in historic preservation. (6) A member of the faculty of a school of architecture in the State of Florida, with academic expertise in the field of design and historic preservation or the history of architecture, with a preference for an individual with practical experience in architecture and the preservation of historic structures . All members of the board except the architect, university faculty member, and water management expert shall be residents of the city; provided, however, that the City Commission may waive the residency requirement (if applicable) by a 517 th vote, in the event a person not meeting the residency requirements is available to serve on the board and is exceptionally qualified by training and/or experience in historic preservation matters. Historic Preservation Board members shall be appointed for a term of two years and with the concurrence of at least four members of the City Commission. An eligibility list solicited from, but not limited to, the following organizations may be considered by the Commission in selecting board members: (1) American Institute of Architects, local chapter. (2) Miami Design Preservation League . (3) Miami Beach Chamber of Commerce. (4) Miami Beach Development Corporation. (5) Dade Heritage Trust. (6) Florida Engineer Society, local chapter . (7) Any other organization deemed appropriate by the city commission. The following are the current vacancies on the Historic Preservation Board as of December 31, 2021 . 1. Registered Architect This position is currently held by Mr. Barry Klein , whose term expires on December 31, 2021 . Mr. Klein is eligible to be re-appointed. 2. University Faculty Member This position is currently held by Mr. Ricardo Lopez, whose term expires on December 31, 2021. Mr. Lopez is eligible to be re-appointed. 3. Water Management Expert This position is currently held by Mr. Max Litt, whose term expires on December 31, 2021. Mr. Litt is eligible to be re-appointed. 4. At Large I Resident This position is currently held by Mr. Jack Finglass, whose term expires on December 31, 2021. Mr. Finglass is termed-out and not eligible to be re-appointed. L TC -Land Use Board Vacancies Date: December 1, 2021 Page: 5 of6 DESIGN REVIEW BOARD In accordance with Chapter 118 of the City Code, the Design Review Board (ORB) shall be composed of seven regular members, consisting of the following membership categories: (1) One architect registered in the United States; (2) An architect registered in the State of Florida or a member of the faculty of a school of architecture, urban planning or urban design in the state, with practical or academic expertise in the field of design, planning, historic preservation or the history of architecture; or a professional practicing in the fields of architectural design or urban planning; (3) One landscape architect registered in the State of Florida; ( 4) One architect registered in the United States, or a professional practicing in the fields of architectural or urban design, or urban planning; or resident with demonstrated interest or background in design issues; or an attorney in good standing licensed to practice law within the United States; (5) Two persons who are residents at-large and who currently reside in the city and have resided in the city for at least three consecutive years at the time of appointment or reappointment. Additionally, strong preference shall be given to individuals who have previously served on a Miami Beach board or committee and/or completed the Miami Beach Leadership Academy course, and to individuals not currently working in the fields of real estate development, real estate brokerage/sales, real estate law, or architecture; and (6 (i) A licensed professional engineer, licensed professional architect, or licensed professional landscape architect with expertise in water resources; (ii) A person licensed by the State of Florida in hydrology, water or wastewater treatment; (iii) A person with a degree from an accredited college or university in a field of study related to water resources; or (iv) A floodplain manager or a principal community administrator responsible for the daily implementation of flood loss reduction activities including enforcing a community's flood damage prevention ordinance, updating flood maps, plans, and policies of the community, and any of the activities related to administration of the National Flood Insurance Program (NFIP) (a "water management expert"). Additionally, one person appointed by the City Manager from an eligibility list provided by the Disability Access Committee shall serve in an advisory capacity with no voting authority. This position is currently vacant but was previously held by Ms. Tiffany Lapciuc . ORB members shall be appointed for a two-year term and with the concurrence of at least four members of the City Commission. An eligibility list for the professional membership categories may include, but shall not be limited to, suggestions from the following professional and civic associations: (1) American Institute of Architects, local chapter. (2) American Society of Landscape Architects, local chapter. (3) The Miami Design Alliance. ( 4) American Planning Association, local chapter. (5) The Miami Design Preservation League and Dade Heritage Trust. (6) Other city civic, neighborhood and property owner associations. L TC -Land Use Board Vacancies Date: December 1, 2021 Page: 6 of 6 All regular members shall reside in or have their primary place of business in the County, except for the water management expert, who need not reside in or have a principal place of business in the County. The two citizen-at-large members and one of the registered landscape architects, registered architects, or professionals practicing in the fields of architectural or urban design or urban planning shall be residents of the city. The following are the current vacancies on the Design Review Board as of December 31, 2021. 1. Architect/ Faculty Member/ Design Professional / Urban Planner. This position is currently held by Ms. Sarah Giller-Nelson, whose term expires on December 31 , 2021 . Ms. Giller-Nelson is eligible to be re-appointed. 2. Resident at Large. This position is currently held by Mr. Scott Diffenderfer, whose term expires on December 31, 2021. Mr. Diffenderfer is eligible to be re-appointed. 3. Water Management Expert. This position is currently held by Mr. Jason Hagopian, whose term expires on December 31, 2021 . Mr. Hagopian is eligible to be re-appointed. All the aforementioned Land Use Boards will have between 3 and 5 vacancies. In order to maintain quorums, the members of the boards whose terms will expire, and who have not already resigned, can be held over for a period not to exceed 60 days from December 31, 2021. This allows each board to still maintain a quorum, in the event appointments are delayed, but only for the January and February meetings. Consequently, the need to re-appoint existing members and/or appoint new members is pressing for all the City's Land Use Boards, as some will not be able to field quorums after their February meetings if no new appointments or re-appointments are made. ATH/~/TRM C: Rafael Paz, City Attorney Rafael Granado, City Clerk F:\PLAN\$ALL\CM_RESP\2021\L TC -LUB Vacancies and Appointments 2022 .docx