HomeMy WebLinkAboutHPB Minutes 2014-0326 SUMMARY MINUTES
City of Sunny Isles Beach
Historic Preservation Board Meeting
18070 Collins Avenue, 1st Floor Meeting Room
Wednesday, March 26, 2014, 7:00 p.m.
1. Call to Order by Chairperson:
Action: Chairperson Joe Masters called the meeting to order at 7:00 p.m., and each Member
introduced themselves. The following Board Members and City Officials were present:
Committee Members: City Officials:
Joe Masters, Chairperson Deputy City Attorney Fernando Amuchastegui
Shari Blank Consultant Ellen J. Uguccioni
Cassey Gabor City Clerk Jane A. Hines, MivIC
John A. Rusnak City Engineer Helen Gray
Warren J. Stamm Administrative Assistant Kathryn McDonough
City Liaison: Audience:
Richard C. Schulman, City Historian Former City Commissioner Roslyn Brezin
Former City Commissioner Gerry Goodman
Interested citizens
Absent:
Jorge Camaraza
Trina Duluc (excused-out of town)
2. Approval of Minutes of the May 8, 2013 Historic Preservation Board Meeting.
Action: Shari Blank moved and Cassey Gabor seconded a motion to approve the above-
mentioned Board meeting summary minutes. The motion was approved by a voice vote of
5-0-2 (Jorge Camaraza and Trina Duluc absent) in favor.
[City Clerk's Note: Item 7 was heard after the approval of the Minutes. The remainder of
the agenda was heard in order.]
3. A Report by City Historian Richard C. Schulman concerning the Historic Preservation Board
Annual Report to Miami-Dade County.
Action: City Historian Richard C. Schulman reported that the Annual Report has been
completed and sent to the Clerk of the Courts Harvey Ruvin. The Board was pleased with the
report and thanked Richard for a good job.
Former Commissioner Goodman asked about the historic Pier, in an event of a hurricane or
something that would destroy the Pier, how would you go about rebuilding it as an historic site?
City Historian Richard C. Schulman said the Pier is a concrete pier and built to withstand winds
up to 175 miles per hour, and it should last a very long time. John Rusnak said they had to
rebuild it according to the exact replica of the previous designated Pier. Ellen J. Uguccioni said
in the City Code Chapter 171-3(E) "Powers and Duties of Board", states that the Board will
"determine whether an historic landmark destroyed by fire or other natural disaster should be
reconstructed. If so, the Board may recommend to the City Commission that an exception to the
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Zoning Code be granted." A plaque or sign would identify it as a "reconstructed site".
Cassey Gabor asked if there are minor damages to the Pier, who would pay for repairs? Deputy
City Attorney Fernando Amuchastegui said you are asking if it is due to weather, if the paint
became deteriorated and if it needed to be repainted, that would normally be considered general
maintenance. He said he would check the agreement between the City and Dr. Cornfeld to
confirm whose responsibility it is for minor repairs. He will report back to the Board at the next
meeting.
4. Update/Report on the Camels in Front of the Sahara Beach Motel.
Action: Warren Stamm reported from the Dezers respective, it is really the last vestige of a
reminder of the fabulous 1950's. The camels had sustained some damage a while back and with
Richard's persistence they were repaired. The Dezers are acquiring a number of units in the
Sahara and they continue to do so, so they can make sure that they maintain good stewardship
over the camels on behalf of the Association. The way Florida Statutes work is from a
standpoint of percentages. Right now there are 147 units in Sahara Beach and anybody with 51%
of those voting rights can basically dictate what goes on. But as far as a significant or long term
change with respect to the Sahara,that would require 75%of the unit owners to approve anything
that is major, and of course in their position, anything having to do with the camels is major.
That would necessitate 110 units of the 147 units and we are slowly creeping up to that so that
we ultimately get control. When we do get total control of the Sahara, and there is something
done on a more permanent basis on the Sahara property, the Dezers have committed to the
camels being a legacy to the City of Sunny Isles Beach. It is not necessarily in the immediate
future but it certainly will be done during their tenure. In the meantime because they do have a
significant ownership in the Sahara, anything regarding the maintenance or upkeep or anything
having to do with camels or the property as a whole, they are very much in favor of maintaining
the status quo of what is there. If there are any repairs or things like that, it is very easy for them
to push or mandate that the camels be maintained as far as painting, landscaping or lighting.
Take as many pictures of the camels that you can for generational purposes because that is going
to play really well for the historical position of the City to show generationally how all these
things progressed. He will keep the Board posted.
John Rusnak said you had mentioned you are creeping up on those numbers, where are you
exactly on those numbers? Warren Stamm said because they are still acquiring units he cannot
say because of the law of supply and demand.
Cassey Gabor asked if you would have the majority, do you know what the plan is, and she
believes it would be condominiums, and in the interest of the camels, would they be moved? Mr.
Stamm said he does not expect that the Dezers will have the camels remain on the property. He
thinks they will find a much better home somewhere within the City, hopefully at an entrance to
a playground, or maybe Gateway Park, or something else that comes up because they are really
fascinating. He is upset that we didn't have an opportunity to save some of the other things from
the Dunes, etc. Going up and down the beach we really have very little left from that era. We
still have the Thunderbird, the internal portions of the Thunderbird, clearly the Dezers are
committed when there is a change to the property, if there is anything in there that is of
significant value, they will offer it to the City.
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Cassev Gabor also asked that maybe we can declare the camels right now as historic artifacts to
ensure we have them in the future. Ellen J. Uguccioni said the camels would need to go through
the designation process. Deputy City Attorney Amuchastegui said the camels do not necessarily
need to be declared historic in order for the City to preserve them.
5. A Presentation by Ellen J. Uguccioni of an Overview of Chapter 171 of the City Code,
Historic Landmarks.
Action: Consultant Ellen J. Uguccioni gave an overview of Chapter 171 of the City Code.
She said the main function of the Board is designation of historic properties. You are an
advisory Board and you are to designate, regulate and administer historical, cultural,
archeological, and architectural resources in the City. You are the City's representatives to
advocate historic preservation throughout the City. Within a Historic District there are two
different kinds of resources: 1) Contributing: and 2) Non-Contributing. As an example, if
you were to look at a 19`h Century mining town, you may have houses,industrious buildings,
etc. that were done in the 19'h Century. All of those properties contribute to that sense of
place and to the era, and the kind of design that was being practiced. If CVS came in and
built a store, that would be a non-contributing building. The general threshold is 50 years
old or older, and there are exemptions to that. She also reviewed the standards for
designation of archaeological and historic landmarks in Section 171-5.
Ms. Uguccioni noted that Cassey Gabor had asked her about process, and she wanted to go
over that. Who can propose a certain designation in Sunny Isles Beach? It can be the
property owner, it can be the Historic Preservation Board,or it can be the City Commission.
At a minimum if someone came to you to designate a property, they must provide you with a
legal description, a photograph representing the property in its entirety, Statement of
Significance, and any other information they would have to support that proposal. Once
staff has determined that the minimum eligibility requirement has been met, the City
Manager or his designee shall prepare the Designation Report. The Report contains at a
minimum, the Statement of Significance which outlines the criteria for significance, the
boundaries, and in terms of a house, we use the legal description of that property. If it is an
archeological site we are sometimes using topographical features, sometimes physical
features like a river runs through it. If you have been following the papers you will know of
the Indian Site in Miami, what was Dupont Circle and the area that Henry Flagler built, the
Dupont Hotel, etc. The report will contain a recommendation to the Board saying whether or
not the person who wrote the report will use this as designation. Lastly we would use a
Review Guide which has a description of the property. If it was a house we would say"the
most prominent features of this Queen Anne style house are the turrets, the towers, the
ornate wooded moldings, etc., and the reason we add the Review Guide to your report is so
that if someone comes to you and says I want to put in single pane windows and they were
originally casement double sash windows, you would know it was not right,and you would
note it in the Review Guide.
During the hearing process, the Sunshine Law is in effect, and because these are public
hearings you cannot talk about it amongst yourselves. The Board shall conduct a public
hearing and determine whether you want to approve it or approve it with conditions,amend
it, or deny it. There is an appeal process as we know from Temple B'nai Zion that we are
still involved in. An appeal is made to the City Commission within 14 days after the date you
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make your decision. The appeal is filed with the City Clerk with a $200 fee. The City
Commission will hear the appeal and the facts and make the decision as it constitutes a final
Administrator Review. Beyond that the courts decide and the Florida Rules of Appellate
Procedure applies.
The Historic Preservation Board has designated a site, what does that mean to the property
owner and to the Board? Any time the owner proposes a change to a landmark site, they
must inform the City, first of all they must get a Building Permit. If they propose to do
something substantial, an addition, or the changing out of windows, or the alteration to the
roof, etc. the Board would be informed and would go through a Certificate of
Appropriateness hearing, and we have gone through a couple of those. You would look at
what is the property today, what is being planned and that is usually illustrated through
photographs, site plans, surveys,etc., and then determine whether or not the changes that are
being proposed would effect the integrity of the property,would it change it to such a degree
that it no longer conveys its historical significance. You make that decision and the person
can appeal it. There are incentives for historic preservation and right now to her knowledge
the only incentive for someone in Sunny Isles Beach is Miami-Dade County's Ad Valorem
Tax Incentive. You yourselves have one here in Sunny Isles Beach if you adopted or enacted
it through the City Commission. What it does is if someone rehabilitates a property that has
fallen in disrepair, if the property appraiser has appraised it at $100 and the land is worth
$1,000,000.00, the money that the person puts into this property to make it livable and to
look good, to add on, the value of that property that they are paying taxes on, the millage
rate, would not go up. If it is worth $100 unimproved, and it is worth $500,000 when it is
improved, for the next 10 years the taxes are held at the$100 rate. The Federal Government
offers the 20% investment tax credit for depreciable (ie. rental property) commercial
property. The 20%is a dollar per dollar credit on any money you spend on the rehabilitation
of the building.
In Section 171-6 we talk about the enforcement of maintenance and repair provisions. That
discussion came up during the Pier discussion. The Board shall request appropriate officials
or agencies of the City to require correction under the authority or applicable laws and
regulations. If any of you see something that was falling in disrepair, it is your job to
identify it and pass it on to officials to take action through their Code Enforcement Division.
Lastly, in Section 171-7, Unsafe Structures, sometimes the building falls into such disrepair
that it is a threat to people to be around it. The Board in that case can enter into negotiations
with other agencies, you can make every effort to try to salvage that property from falling
down. Everything she talked about is described in Chapter 171 under definitions at the
beginning of the Chapter.
John Rusnak noted that the Board is very fortunate to have Ellen Uguccioni address us. He
knows her reputation in Miami-Dade County and she is an author, and is well respected.
6. Old Business.
• Cassey Gabor asked what the status is on Temple B'nai Zion? Deputy City Attorney
Fernando Amuchastegui said the case is still in litigation and it is pending in Federal Court
for the Southern District of Florida. Cassey Gabor asked what the projection for the future is,
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and Deputy City Attorney Amuchastegui said at this point, the City is confident in its
position and the case remains pending.
• Cassey Gabor said the roof of Temple B'nai Zion looks like the painting is not even. Deputy
City Attorney Fernando Amuchastegui noted oxidation, and so it may not be the result of
painting, just the natural elements. Joe Masters said that it is natural, it is a copper roof.
Shari Blank said it depends on the weather, on the sun hitting it on one side more than the
other side, and the trees contribute to it. Ellen Uguccioni said it is copper which ultimately
turns green.
7. New Business.
• Discussion and Recommendation to Proceed with the Grant Application Process for
$200,000.00 through the Florida Recreational Trails Program for the Pedestrian
Overpass at Gateway Park in accordance with Section 171-3 of the City Code.
Action: [Cin' Clerk's Note: This item was heard after Item 2.] Kathryn McDonough,
Administrative Assistant to Deputy City Manager reported on the Grant Application process
for the Florida Recreational Trails Program for the Pedestrian Overpass at Gateway Park.
She explained that the Pedestrian Overpass will go across the west-bound lanes of Sunny
Isles Boulevard, and it will land on the north side of Sunny Isles Boulevard. The Overpass
will provide safe passage for pedestrians. This is a safety issue that we are addressing, and
also we are trying to create connectivity for pedestrians by providing this access to and from
Gateway Park. She introduced City Engineer Helen Gray who is here to answer any
technical questions about the bridge, and she would answer any questions regarding the
Grant.
Ellen Uguccioni asked when will you know if we get the Grant? Ms. McDonough said she
believes it is in June when they decide, and they announce it in August. DEP will put
together their priority list, and these are federal funds. Former City Commissioner Roslyn
Brezin said there are several people that she knows of that were injured in that very area,and
if she submitted that as part of the Grant application because sometimes it will add strength
to what you are attempting to accomplish. Ms. McDonough said she spoke with Police Chief
Fred Maas regarding accidents in that area. The police actually took pictures of people
illegally crossing the street and those were considered a pan of the application submission.
Former City Commissioner Gerry Goodman asked why this is even before the Historic
Preservation Board before it is even built, what is the purpose? Ms. McDonough said by
getting support from community organizations or community advisory boards such as this
one gives visibility to people who are making the decisions. By speaking to the Board and
getting their input, it will give us more points with the DEP. When they submit their priority
list of projects that they want funded to the U.S. Department of Transportation, then it will
raise our score. Deputy City Attorney Amuchastegui said the Board is empowered under
Chapter 171-3(H),and so the Board is not actually making the decision,they are only making
a recommendation to the Commission to apply for the Grant. Former Commissioner Brezin
asked if they have gotten a recommendation from the City Advisory Committee, and Ms.
McDonough said we only became aware of this opportunity about a month ago and it was
too late to meet with that Committee. Deputy City Attorney Amuchastegui said a
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recommendation from the City Advisory Committee is not necessary in order for this Board
to make a recommendation to the City Commission, and so at this meeting the Historic
Preservation Board could vote to make that recommendation if they are so inclined. It does
not have to be a historically designated site in order for the Historic Preservation Board to
make that recommendation, i.e. to apply for a grant from Federal or State agencies, and to
utilize City funds to promote the preservation of archaeologically, historically and
aesthetically significant sites, districts and zones, and so it does not have to apply to an
historic site per se. The Board noted that they didn't get any information on this and did not
want to vote on something they did not understand. Ms. McDonough said the grant
requirements just say that we need an advisory board, an entity that provides advisory
support to the City to apply for this Grant.
Warren Stamm said he understands, we are a Board and are empowered to do it,the question
becomes educating the Board on what it is that you are seeking. They need a
recommendation of a Board to go to the Commission to be able to apply for the grant. He
asked where the Pedestrian Bridge will be going. City Engineer Helen Gray presented a
rendering of the site and explained that the proposed bridge will be going over the west
bound lanes of State Road 826/Sunny Isles Boulevard, and at Plaza of the .Americas. She
showed on the rendering where the bridge will be going, about 300 feet east of North Bay
Road, approximately an equal distance between the loop that goes under the bridge, and the
loop that goes around at Collins Avenue and so it will provide an elevated structure and will
be about 18 or 20 feet above the road. Mr. Stamm asked what is the grade to this, to get up
into the Pedestrian Bridge and then back down? Is it ramped, is it stairs, does it have
elevators? City Engineer Gray said it will have elevators. Mr. Stamm asked then if she can
also seek some type of support from ADA. What are you going to do when a kid wants to
cross his bicycle from one side to the other, will they be able to go in the elevator or does it
make more sense to have it ramped? City Engineer Gray said we have not completed design
on that, we are actually in the procurement stage for design/build contractor and those are the
details that will get flushed out in a contract.
Mr. Stamm asked what the proposed height of the pedestrian walkway over the west bound
lanes is,and City Engineer Gray said it will be approximately 18 to 20 feet above grade. Mr.
Stamm said if you are going across State Road 826, isn't State Road 826 the same State Road
as Collins Avenue, and City Engineer Gray said it is all under the FDOT State Highway
System. Mr. Stamm said the reason he is bringing it up is because if you can get a bridge
across State Road 826, he would strongly suggest that you bring that to the attention of the
Mayor because they are trying to get a pedestrian bridge from here to across Collins Avenue.
FDOT has had a tremendous amount of objection, and so if you can get something across
State Road 826, make sure you remind the Commission that it may be advantageous to
getting a pedestrian overpass on Collins Avenue, or a light which is what they are looking
for. City Engineer Gray said every federal street is unique because we did investigate a
number of alternatives. Mr. Stamm said you are going to have a number of considerations
with the demographics that are using the Park. It is just a suggestion with the bicycles, etc.,
instead of having stairs or an elevator you may want to consider a way to ramp it so that you
can take carriages, bikes, and other things up the ramp across and then back down the other
side but you are going to need the grade to do that. Former Commissioner Goodman
mentioned the pedestrian overpass at the Diplomat Hotel in Hollywood.
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Warren Stamm said just to be clear, what you are asking the Board is, because we have the
authority to make that transition to a recommendation to the City, you are not asking us to
opine on the strength or weaknesses or approval or non approval of the bridge, you are just
asking us as a facilitator so that you can then go to the Commission with the Board's
recommendation for them to consider it,and Deputy City Attorney Amuchastegui said that is
exactly correct.
Cassey Gabor asked how they did the design, and if it is a possibility to design it in such a
way that it can be an historic site in the future. Ms. McDonough said it can't be an historic
site because it is going to be new construction, it does not fit the criteria. Deputy City
Attorney Amuchastegui said this has nothing to do with designating the overpass as historic,
you are simply making a recommendation to the City to get the $200,000.00 grant for the
project. The decision ultimately rests with the City Commission not the Historic
Preservation Board. This Board is serving in an advisory capacity. Cassey Gabor asked if it
would be the only walking bridge, and Ms. McDonough said yes in that corridor.
Ellen Uguccioni asked if there would be any public process when you get to the design stage,
and City Engineer Gray said she cannot speak to that,she would defer to the City Manager's
Office, he is the one that sets the pace and policy on those types of things.
Warren Stamm made a motion, and John Rusnak seconded a motion to recommend to the
Cih' Commission to apply for the Grant. The motion was approved by a voice vote of
3-2-2 (Shari Blank and Cassey Gabor against; Jorge Camaraza and Trina Duluc
absent) in favor. Shari Blank and Cassey Gabor wanted more information on the project,
and Ms. McDonough said the Commission is always supportive of applying for Grants. City
Historian Richard Schulman asked if the paperwork has been completed, and Ms.
McDonough said most of it, this is one of the final pieces but it has not been officially
submitted yet, the deadline is March 31, 2014.
[City Clerk's Note: Item 3 was heard after this item and the remainder of the agenda was
heard in order.]
8. Date and Time of Next Meeting.
Action: After discussion it was decided to schedule the next meeting on Wednesday,June 25,
2014 at 7:00 p.m. [City Clerk's Note: The June 25. 2014 meeting was cancelled.]
9. Adjournment.
Action: Shari Blank moved and Warren Stamm seconded a motion to adjourn the meeting, and
Chairperson Masters,adjourned it at 8:09 p.m.
, 1 . - - •n
Respectfully submitted. <:
J l
C Qr—, , \ . October 14. 2014
Jane A. Hines. MMC.-City Clerk° Date
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