HomeMy WebLinkAboutHPB Minutes 2010-0622 SUMMARY MINUTES
City of Sunny Isles Beach
Historic Preservation Board Meeting
First Floor Meeting Room
Government Center, 18070 Collins Avenue, Sunny Isles Beach
Tuesday, June 22, 2010, 7:00 p.m.
1. Call to Order by Chairperson:
Action: Chairperson Joe Masters called the meeting to order at 7:00 p.m. The following
Committee Members and City Officials were present:
Committee Members: City Officials:
Joe Masters, Chairperson City Attorney Hans Ottinot
Shari Blank Assistant City Attorney Fernando Amuchastegui
Janet Cini City Clerk Jane A. Hines; CMC
Cassey Gabor, Vice Chairperson Assistant City Manager/Services Jorge Vera
Mark Glicksman
City Liaison:
Richard C. Schulman, City Historian
Absent:
Trina Duluc (excused-out of State)
Phillip Chemoff(excused-ill)
Guests:
Ellen J. Uguccioni, Consultant
Trisha Logan, Aide to Ms. Uguccioni
Interested parties
2. Approval of Minutes for the April 27, 2010 Historic Preservation Board Meeting.
Action: Cassey Gabor moved and Shari Blank seconded a motion to approve the April 27,
2010 Board meeting summary minutes. The motion was approved by a voice vote of 5-0-2
(Trina Duluc and Phillip Chernoff absent) in favor.
3. Public Hearing on the Possible Designation of Temple B'Nai Zion as an Historic Site.
Action: City Clerk Hines gave opening remarks on decorum, a disclaimer for the hearing, and
administered the oath to the witnesses. Chairperson Masters gave opening remarks on
procedures.
Consultant Ellen Uguccioni reported and gave a power point presentation of Temple B'Nai Zion
located at 200 178`h Street, Sunny Isles Beach, Florida. In the Designation Report there is a site
plan identifying parts of the building as A, B, C, D,and E, which is: A)the main building, B)the
Portico which is a covered walkway in front of the building. C)the Memorial Tower. D)a small
building serving as a connector to the Synagogue,and E)a meeting hall/cultural center. They are
proposing only A, B, and C for designation because it is their opinion that D& E are pedestrian
buildings and are functional.
Ms. Uguccioni said that their conclusion after reviewing the facts and looking at this beautiful
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building and the fact that it is the site of an historic event, the Holocaust Survivors ceremony that
was held in 2004, they believe that fills the criteria in the Code,and her recommendation is that
Temple B'Nai Zion, which includes the Main Sanctuary, the Portico, and the Memorial Tower,
does in fact qualify under Section 171-5(B)and 171-5(C)of the City Code,and that it is eligible
for historic site designation.
Public Speakers: Keith Poliakoff, Esq.; Joseph B. Kaller, Architect; Marla Sherman Dumas;
Rabbi Aaron Lankry; Harvey Busch; Rabbi Moshe Matz; Paul Feldman;
[City Clerk's Note: Keith Poliakoff, Esq. handed out the Power Point Presentation Material, a
Speech by Rabbi Aaron Lankry, and a Speech by Robert Solera)
Keith Poliakoff, Esq. of Becker& Poliakoff,P.A.,reported and gave a power point presentation
on the background of Temple'Thai Zion. He also went over the presentation outline introducing
Architect and Historic Preservationist Joseph B. Kaller, and former Sunny Isles Beach
Community Planning and Development Director Marla Sherman Dumas. He also noted that he
and City Attorney Ottinot had a disagreement on whether former Sunny Isles Beach employee
Robert Solera could speak tonight, he is speaking from his personal perspective and not being
hired or paid by any of them and therefore not a Lobbyist, and he also noted that Rabbi Aaron
Lankry, the President of the Temple, is here tonight and will speak.
Joseph B. Kaller,of Joseph B. Kaller& Associates, P.A.,continued the power point presentation
on the history of Sunny Isles Beach, including a review of the existing architecture along the
beach of Sunny Isles Beach from the north end of the City to the south end. He also gave
additional background on the Temple, including the existing floor plan showing that the altar is
facing west instead of east toward Jerusalem. The Temple hired Architect Kobi Karp to come up
with a solution of what can be built on that site. He showed the proposed rendering which has
been designed consistently with Jewish traditions and facing east, with the form of the building
reminiscent of the Star of David.
Former City employee Marla Sherman Dumas continued the power point presentation on the site
and building, and she went through the City's Historic Preservation Board's efforts throughout
the years. Ms. Dumas testified as to the City's Code criteria noting that there are six standards for
designation contained in the City's Historic Landmark Ordinance, and responded to the City's
Historic Designation Report. She urged the Board to deny the designation of the Temple as an
historic site/building.
Former City employee Robert Solera came to the podium but City Attorney Ottinot said for the
record that Mr. Solera is not qualified to appear before this Board under the City's Ethics Code
and the County's Ethics Code based on the fact that Mr. Solera is a former employee and has not
served his two years service from the date of his resignation from the City. If he testifies before
this Board he will be subject to an Ethics Code complaint with the Miami-Dade County
Commission on Ethics. Mr. Poliakoff disagreed with City Attorney Ottinot and said Mr. Solera
is not lobbying or being paid by his firm, and he called Rabbi Lankry to testify next in order for
him to look into this.
Rabbi Aaron Lankry, President of Temple B'Nai Zion, gave some background information and
how he came to this Temple and its history with the City. He said the Temple has no interest in
being declared historic, and he asked the Board to reject this application.
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Mr. Poliakoff asked City Attorney Ottinot, for the record,what is the section of the City Code as
to why he believes Robert Solera cannot testify tonight. City Attorney Ottinot said that Mr.
Solera is here on behalf of your firm, and the City's Ethics Code is Chapter 33. Mr. Poliakoff
read into the record Section 33-2 of the Code regarding a Lobbyist. City Attorney Ottinot said
that we can handle this in another proceeding. Mr. Poliakoff said for the record that the City has
prevented them from putting on a material witness by threatening them with retaliation for giving
sworn testimony for a witness who is not being compensated, a witness who wants to speak
about material facts, they believe this is in denial of their due process and at this point they will
not put Mr. Solera on because of the threat of retaliating measures by the City, and they will get
an ethics opinion before this item moves forward showing that it is proper for Mr. Solera to
speak. He also noted that he met with the City Attorney a few days ago and he had specifically
asked if he wanted a copy of their witness list to see if there would be an issue and the answer
was no, and he feels that the City Attorney sandbagged them here.
City Attorney Ottinot responded saying that the word sandbag is inappropriate. If they want to
present witnesses it is voluntary first of all as a Board hearing, there is no need for him to have
his list of witnesses,he can bring anyone he wants. However,Mr. Solera falls under a particular
rule, and he advised him prior to the meeting and Mr. Poliakoff disagreed with him. He
indicated to him, let him make the record clear, Mr. Poliakoff can have Mr. Solera testify but he
will be subject to potential Ethics violations with the City and the County. Mr. Poliakoff said we
would table this item for tonight and get an opinion from the Ethics Commission first thing
tomorrow, and bring it back. City Attorney Ottinot said no, this Board is making a decision on
whether or not to pass this tonight, you make the call.
Mr. Poliakoff concluded his comments and then proceeded to ask the City's Consultant Ellen
Uguccioni the following questions [City Clerk's Note: The following cross examination is
verbatim.]:
Mr. Poliakoff: Why were you retained by the City?
Ms. Uguccioni: To evaluate Temple B'Nai Zion for historic landmark designation.
Mr. Poliakoff: Did anyone at the City speak to you about what you were looking for in your
report?
Ms. Uguccioni: No sir.
Mr. Poliakoff: Were you advised at any time that the City would like to declare this parcel a
historic site?
Ms. Uguccioni: No sir.
Mr. Poliakoff: Did the Mayor, or City Manager, or City Attorney or any Planner ever speak to
you about this matter?
Ms. Uguccioni: After I did the report?
Mr. Poliakoff: Yes.
Ms. Uguccioni: After I did the report, we had a hearing that you, one of your representatives
mentioned, and at that time I did give a presentation and there may have been questions then, I
don't remember.
Mr. Poliakoff: Did you ever consider that this site may not be historic?
Ms. Uguccioni: I evaluated this property after having 35 years of experience in doing this. In
terms of the City's Ordinance, and in my opinion, it was in fact eligible.
Mr. Poliakoff: Now we noticed that the oldest part of the Temple,the original part,the part that
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was really the first structure on that property, you excluded from the historic designation. Why
was that?
Ms. Uguccioni: That is correct because I think that what we were looking at is the distinction of
the Temple that was designed by Mr. Kreidt. It wasn't a matter of it being first, that is not
always being first because it is not necessarily the most important.
Mr. Poliakoff: Where do you presently work?
Ms. Uguccioni: Right now I am a consultant and that is all I do.
Mr. Poliakoff: Did anyone work with you concerning your presentation tonight?
Ms. Uguccioni: Yes sir, she is sitting right beside me, her name is Patricia Logan. She has a
Master's degree from the Chicago Art Institute of Historic Preservation. She assisted me in
compiling research.
Mr. Poliakoff: Thank you. Are you aware that the Mayor had a past history with the Temple and
that he himself was a Board member?
Ms. Uguccioni: No sir.
Mr. Poliakoff: Are you aware that the City wanted to acquire the site?
Ms. Uguccioni: No sir.
Mr. Poliakoff: Are you aware that the City attempted through Code Enforcement to lien the site?
Ms. Uguccioni: No sir.
Mr. Poliakoff: In fact, are you aware through Code Enforcement as we've showed today,that a
significant portion of the portico that you are seeking to preserve was actually required to be
demolished by the City?
Ms. Uguccioni: No sir, but I am a little confused with that because the red line,dotted line, that
you showed in your illustration was not the portico that I addressed.
Mr. Poliakoff: It was the part that was demolished.
Ms. Uguccioni: Well, again I can't comment on that because I don't understand that, that or
have I ever seen illustrations of it.
Mr. Poliakoff: Do you know how this site got on the list for historic designation?
Ms. Uguccioni: No sir.
Mr. Poliakoff: Do you know why Mary Magdalen was removed from consideration?
Ms. Uguccioni: No sir.
Mr. Poliakoff: In your report you speak a lot about architectural design. Are you aware that
architectural design and standards of appearance is not a criteria for consideration?
Ms. Uguccioni: Yes I do.
Mr. Poliakoff: You speak a lot about William Conrad Kreidt, you had the opportunity to speak
with him as did we. What other significant buildings are accredited to him?
Ms. Uguccioni: I might have to go back to my notes and get back to you on that.
Mr. Poliakoff: I am okay. I will wait.
Ms. Uguccioni: Mr. Kreidt practiced in 1947 with Karl Shockell of Miami Beach,I don't have a
list of all the buildings that he did but he did in 1951 with Shockell work on the Pan American
Hotel. He also worked with Robert Carl Frees in his office and then in 1958 he became a sole
practitioner and one of the buildings that he designed was the Yacht Club in Cape Coral. That is
all I have for you tonight.
Mr. Poliakoff: Are any of those significant buildings with the historical designation?
Ms. Uguccioni: Not to my knowledge.
Mr. Poliakoff: Do you know Duffy Construction, you listed as the contractor on the site.
Ms. Uguccioni: hmmmm [yes]
Mr. Poliakoff: Please list some of the significant Duffy construction buildings.
Ms. Uguccioni: I don't know them.
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Mr. Poliakoff: On page 7 of the report you state that the Sahara Motel is a landmark. Is it an
historic landmark of the City?
Ms. Uguccioni: I used the word landmark in a very generic way,and I understand the confusion
because that is, Sunny Isles Ordinance uses that word as a designated building,so I misspoke in
those terms.
Mr. Poliakoff: Do you believe that the Sahara is a landmark?
Ms. Uguccioni: Let's define our terms sir. A landmark to me is a building that is distinctive,
one that is an iconic building, and one that people recognize. A designated building is one that
has been through a public process and duly recorded, and that is what I believe a landmark is.
Mr. Poliakoff: Do you believe that the Sahara is more or less of a landmark then Temple B'Nai
Zion?
Ms. Uguccioni: I think that is a very ignorant question with all due respect sir. We are dealing
with a religious building and we are dealing with a motel building, and I don't see how one can
say they are on equal footing. The whole point of historic preservation is to look individually
and try to discern what is important.
Mr. Poliakoff: What religion are you?
Ms. Uguccioni: I am ...
City Attorney Ottinot: Objection. I don't see how relevant that is to her report.
Mr. Poliakoff: Do you know anyone who personally survived the Holocaust?
Ms. Uguccioni: I do not.
Mr. Poliakoff: Had you reached a Holocaust survivor if any?
Ms. Uguccioni: No sir.
Mr. Poliakoff: Would you be surprised to learn that the Holocaust events occur every year in this
country?
Ms. Uguccioni: I would not be surprised.
Mr. Poliakoff: Would you be surprised that there are actually quarterly meetings in Miami
Beach?
Ms. Uguccioni: No sir.
Mr. Poliakoff: Do you believe that each place that these events occur should be an historic site?
Ms. Uguccioni: No sir.
Mr. Poliakoff: So why do you believe that this event should be an historic site?
Ms. Uguccioni: I think that if you again read the report in its entire context,that is mentioned as
an important event that occurred at the Temple B'Nai Zion. It is not the sole reason we believe it
could be significant.
Mr. Poliakoff: Now you speak about other factors. Is architectural another factor that you are
considering?
Ms. Uguccioni: I think that the design that occurs in the cities reflects the social fabric of that
city and your expert testified to Motel Row and Motor Age and why motels were built because
people were traveling. Architecture reflects civilization, architecture reflects social, political,
economic trends.
Mr. Poliakoff: So you considered the architecture.
Ms. Uguccioni: Indeed I did.
Mr. Poliakoff: Even though it is not a criteria, you considered it.
Ms. Uguccioni: Sir, did you just not hear what I said?
Mr. Poliakoff: I am sorry. I just wanted to be clear.
Ms. Uguccioni: Okay.
Mr. Poliakoff: The Holocaust event occurred in 2004, six years ago. Did this time frame make it
an historic event?
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Ms. Uguccioni: I need to know what you define as historic.
Mr. Poliakoff: Well, that is what I was asking you.
Ms. Uguccioni: Well, I can't answer your question without understanding the vocabulary that
you are using.
Mr. Poliakoff: You say on page 11 that the Holocaust Survivor event is an unprecedented
ceremony according to this. Since it occurs quarterly and even yearly, how was that defined as
unprecedented?
Ms. Uguccioni: I think you will find that the City of Sunny Isles Beach, in the context of my
report City of Sunny Isles Beach, it was unprecedented here.
Mr. Poliakoff: Was Janet Reno being here not an unprecedented event?
Ms. Uguccioni: I don't see the relevance in that.
Mr. Poliakoff: On page 14 of your report you refer to the praying hands in the Grace Window.
Are you aware that the Grace Window was modified to remove the Christian icon?
Ms. Uguccioni: No.
Mr. Poliakoff: Does a significantly altered Grace Window still have historic significance?
Ms. Uguccioni: Well sir,I can't answer that question because after having spoken to Mr.Kreidt,
our understanding is that it is an abstraction,and that abstraction does not have specific religious
symbolism, and so I am not sure that I aeree that it has been altered, and I would need to see that
evidence.
Mr. Poliakoff: Does the fact that the Ten Commandments is in the middle in a cherub's face
where you still see the wings it was replaced by the Ten Commandments. That is not enough
evidence?
Ms. Uguccioni: I need to see a visual of that.
Mr. Poliakoff: Show her the pictures. We are happy to put it back up on the board. On the far
left.
Unidentified Woman's Voice: Do you want to come closer?
Ms. Uguccioni: No. I presume you are referring to what could be construed as tablets.
Mr. Poliakoff: What it is.
Ms. Uguccioni: What was your question?
Mr. Poliakoff: Alright, I am saying, does the fact that now we see them, the stained glass
window, which you have asked preserved has been substantially modified from its initial form?
Ms. Uguccioni: You are talking about the integrity of the building, and how changes occurred
that would cause it to be unrecognizable in its original form, and I would answer you by saying
that clearly that building and that particular window is so much like its previous self, if you will,
that the removal of what you consider to be a religious symbolism does not in my opinion
radically alter this.
Rabbi Lankry: A lady without a face is ...
City Attorney Ottinot: Rabbi..
Mr. Poliakoff: Okay, I am just going to wrap this up with just one more question just because I
want to make sure I get clarification. Is architecture of the building a criteria of the City Code?
Ms. Uguccioni: Architecture is not mentioned specifically in the criteria for eligibility. Neither
is pastrami or paintings,but they are part of a population's significance,of a history of a city,the
designs reflect the evolution and technologies that have come into place and architecture reacts to
those. I cannot distinguish architecture any differently than I do social and cultural transer,and
so that is how I do it
Mr. Poliakoff: I have a quick question now because you are saying it is equivalent to pastrami.
Ms. Uguccioni: That was probably not a good thing to say.
Mr. Poliakoff: No, I was going to say, you could have said big noses or something like that.
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Ms. Uguccioni: Sure, I could have but I didn't, I wasn't quite remembering.
Mr. Poliakoff: Yeah, you were close enough.
Ms. Uguccioni: Yeah.
Mr. Poliakoff: Alright, thank you.
The public hearing was opened and Chairperson Masters called on those people who had signed
up to speak. City Historian Richard Schulman clarified that the Holocaust Survivors Event that
took place on Sunday, March 28, 2004, of the 300 survivors living in Sunny Isles Beach, they
were all located and invited to this special program. These survivors were recognized and paid
tribute to by officials of the City of Sunny Isles Beach, Miami-Dade County,the State of Florida,
and the United States Holocaust Museum in Washington, D.C. According to the Holocaust
Documentation and Educational Center, the City of Sunny Isles Beach was the only City in the
United States since World War II that had located practically all of the Holocaust survivors
residing in a City and brought them together for a special program in their honor.
The public hearing was closed and City Attorney Ottinot said it was now time for this Board to
make the decision of whether or not to designate Temple B'Nai Zion as an historic site.
Janet Cini moved and Cassey Gabor seconded a motion to designate Temple B'Nai Zion as an
historic site. Ms. Gabor asked if beside the main sanctuary if there will be space to build the
building, maybe higher for 600 people, and Mr. Poliakoff said the answer is no. City Attorney
Ottinot said when a property is designated there are certain restrictions that are imposed in terms
of keeping the site as is. However, if there are certain modifications that need to be made to the
structure, the property owner will come before this same body and explain basically the reason
for any modification or any change to the structure. For example, in the presentation they had
used an historic home in Atlantic Isle, where the hurricane had destroyed a certain building on
that property and the owner came to this Board and explained his reason, and the Board
supported the owner's request to demolish that structure. Designation doesn't mean that the
owner doesn't have a right to come before this Board to ask for certain modifications to the
building or certain structures based on his or her needs. Our Code states specifically that the
owner can come before this Board again if there are issues relating to that property.
Ms. Gabor asked what the proportion of the main sanctuary is on the property, percentage wise,
and Rabbi Lankry presented the site plan. Mr. Glicksman asked how much it would cost to build
the building that Kobi Karp designed, and Rabbi Lankry said $25 Million. Assistant City
Manager Jorge Vera reported that there was never a site plan submittal for that building that was
shown designed by Kobi Karp.
"A Resolution of the Historic Preservation Board of the City of Sunny Isles Beach, Florida,
Designating Temple B'Nai Zion Located at 200 178th Street as an Historic Site; Providing
for Immediate Effect; Providing for Protection from Alteration or Demolition; Providing for the
Right to Appeal Historic Site Designation; Providing for Severability;Providing for an Effective
Date."
Janet Cini moved and Cassey Gabor seconded a motion to designate Temple B'Nai Zion as an
historic site. HPB Resolution No. 2010-13 was adopted by a roll call vote of 4-1-2 (Mark
Glicksman opposed; Trina Duluc and Phillip Chernoff absent) in favor.
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i,
Vote: Joe Masters Yes
Cassey Gabor Yes
Shari Blank yes
Phillip Chernoff absent
Janet Cini yes
Trina Duluc absent
Mark Glicksman no
4. Adjournment
Action: Mark Glicksman moved and Shari Blank seconded a motion to adjourn the meeting,and
Chairperson Masters adjourned it at 8:52 p.m.
' Respectfully submitted,
t '
2- I -7 -
Jane A. Hines: CMC, City Clerk Date
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