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HomeMy WebLinkAboutHPB Minutes 2014-1014 SUMMARY MINUTES City of Sunny Isles Beach Historic Preservation Board Meeting 18070 Collins Avenue, 15t Floor Meeting Room Tuesday, October 14, 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 Jorge Camaraza City Clerk Jane A. Hines, MMC Trina Duluc City Attorney Hans Ottinot Cassey Gabor Deputy City Manager Stan Morris Warren J. Stamm City Liaison: David Udoff Absent: John A. Rusnak (excused-prior event) Chairperson Joe Masters said a few words about the Board's City Liaison and City Historian Richard C. Schulman who had recently passed away, and who is very much missed. A moment of silence was held in his memory. 2. Approval of Minutes of the March 26, 2014 Historic Preservation Board Meeting. Action: Warren J. Stamm moved and Shari Blank seconded a motion to approve the above- mentioned Board meeting summary minutes. The motion was approved by a voice vote of 6-0-1 (John A. Rusnak absent) in favor. 3. Introduction of David Udoff to the Historic Preservation Board. Action: David Udoff introduced himself to the Board. He said he worked for the City in 2003 while attending FIU to get his degree. Back then he and Richard Schulman were working on a history project putting together the historical collection of artifacts,postcards, and memorabilia. They would go out together to find target areas to try to get artifacts to the City. They wrote stories, and did a public series called `Are You Aware". He is now working as an Office Assistant. Cassey Gabor asked who is the City Historian now? City Attorney Hans Ottinot said David Udoff basically is going to be the Liaison to the Board. He said Ellen Uguccioni is an expert consultant in which we use for any County requirements, or if any issues come up. It is hard to give Richard's title up, and so right now there is no official City Historian. Summary Minutes: 2014-1014 HPB Mtg Page 1 of 8 4. A Discussion by City Attorney Hans Ottinot regarding the Status of the B'nai Zion Temple's Lawsuit with the City. Action: City Attorney Ottinot reported noting,that the"Settlement Agreement and Release" for the B'nai Zion Temple's lawsuit was already distributed. He said it was in 2010 when this matter came before the Board for an historic designation. After the decision was made to designate B'nai Zion Temple as historic, the owner of the Temple appealed that decision to the City Commission, and the City Commission affirmed the decision made by the Historic Preservation Board. After that decision, on behalf of the owner, his attorney filed a Federal Lawsuit in Federal Court alleging discrimination. Three(3)of the present members of the Board were deposed in that lawsuit and their depositions were 3 to 4 hours long. It was a good experience with respect to the decision made because we reached a settlement in that case. The settlement was reached between the City and the Temple's representative. He reported what it took to get to that settlement. First when that lawsuit was filed he and Co-Counsel were able to initially get the case dismissed as the case was premature. The Temple appealed that dismissal to the second highest Court in the Circuit which is the Circuit Court of Appeals, and they made a decision that they did not agree with the lower court. They said the case was ripe for the Judge to review and that it would probably go to a jury trial. The Case came back to the Judge and we spent a good two (2) years on discovery, depositions, arguments, and he has seven (7) boxes of documents from that case and that case is at least four(4)years old. Eventually, the Mayor was sued in his personal capacity, and we were able to diminish the plaintiffs case by getting the Mayor dismissed from the case on a term called"qualified immunity". For example, if you make a decision here in your official capacity as the Board and someone sues you as a member of this Board, that is qualified immunity because it was done in your official capacity. Eventually through discovery, all the witnesses, the Temple's representative made a lot of allegations that were not true. One allegation was that they claimed the Temple was adjacent to City Hall. They also claimed that the City had interest in this because the City wanted to buy the property. One of the witnesses was a former employee of the City, Robert Solera. There were previous allegations made which were refuted by Mr. Solera in his deposition. And so their case was weak, and at the end of discovery they realized that, and so did the Judge. The Judge called a court ordered mediation where both parties follow the Judge's instructions. We had one mediation in January 2013 for two days but that did not work out. Three months ago the Judge ordered a different mediator by the name of Robert Josefsberg, a well known and respected attorney here in Miami-Dade County. We spent two(2)days in session both ending at midnight, in which the mediator, the City Manager, the City Mayor, and the City's insurance representative, including the Temple's own representatives, all attended. Eventually the parties were able to reach a mutual beneficial agreement. City Attorney Ottinot said the terms of that Settlement Agreement are: 1) most importantly,this Board's decision to designate that property as"historic"will remain forever,and under our Code, the only way to change that designation is by the Historic Preservation Board,only the Board can designate or un-designate a property. 2)No taxpayer's funds were used for the settlement. The City's insurance carrier agreed to settle the Temple's claim for$175,000 which includes fees and costs. This settlement amount was far less than what the Temple spent in attorney's fees and costs, given the amount of paperwork that was accumulated in this case. 3) The City permitted the Temple to transfer development rights, which all properties in the City have development rights. We believe we want the Temple to remain as it is. We allowed them to take 15,000 square feet of floor area and five (5) dwelling units to sell to whoever they want to. Generally Summary Minutes: 2014-1014 HPB Mtg Page 2 of 8 they will find a buyer, a developer,who will want additional square footage or dwelling units,we will assist them in finding a buyer. 4)They have agreed to execute a Restrictive Covenant which is recorded in the public records of Miami-Dade County that confirms the property will remain historic forever. In addition to the lawsuit, we also had to defend the investigation with the Department of Justice(DOJ)that was triggered by a complaint the Temple filed. This was a 2 to 3 year investigation. The DOJ is the agency responsible for enforcing alleged religious discrimination claims. The DOJ was not friendly, in fact, they were hostile towards the City. One of the reasons we gave them over 5.000 pages of documents; we fought them pretty hard. He is here to tell the Board that after 4 V years, the decision of the Historic Preservation Board is intact. Cassey Gabor said that half of the land is not designated, and City Attorney Ottinot said yes,the Temple's Social Hall was not included in the historic site designation. When this Board made the decision to designate the property, they did not designate the Social Hall and so that does not have the same restrictions. Whatever is permitted under our current Zoning Code which is not that much in terms of height and density, they can modify that building but anytime they want to build something, they have to come back to this Board. Cassey Gabor inquired whether the Temple can use their TDRs. City .Attorney Ottinot responded that the Temple still has an existing 40,000 square feet of floor area. Shari Blank asked if this can set a precedence for anything in the future that if there were another piece of property that it could follow suit? City Attorney Ottinot said they are all done on a case by case basis. When the Board designated the Temple as historic,the research was done and the Board brought in an expert, Consultant Ellen J. Uguccioni; to justify designating the Temple as historic. This helped the City defend the decision of the Board. Ms. Uguccioni said it was gratifying to see the City's Historic Landmark Ordinance and the Historic Preservation Board's hard work stand up to the Temple's legal challenge. [City Clerk's.Note: Chairperson Masters passed the gavel to Shari Blank to finish the meeting.] 5. A Discussion by Ellen J. Uguccioni regarding a Proposed Amendment to Chapter 171 of the City Code ("Historic Landmarks" Ordinance). Action: Consultant Ellen J. Uguccioni distributed a document on proposed changes to Chapter 171 "Historic Preservation". She said this is for discussion only, we will not vote on this tonight. In Section 171-5 we are talking about the reasons why something is eligible for historic designation,and that could be because it was associated with an important event. Temple B'Nai Zion was certainly representative of having demographic change in Sunny Isles Beach. and the architects that were working, and the designs that were evolving. She noted the underlined section in her proposed amendment is language that is added,and those stricken are proposed for deletion. The first one is Properties may be designated as archaeological sites and/or historic landmarks which is added language, because this whole Section is called Standards for designation of archaeological and historic landmarks,and so we are just putting in the verbiage that is the title of that section. Next, the proposed amendment includes the word "historical" as a qualifying criteria to be considered along with a property's archaeological significance. The first criteria is a site of an historic event, when you talk about the Pier. it is the site ofa lot of events. fishing tournaments. etc. She is proposing to add paragraph "D. Embody the distinctive characteristics of a type. period. or Summary Minutes: 2014-1014 HPB Mtn Page 3 of 8 method of construction. or that represent the work of a master. or that possess high artistic values.or that represent a significant and distinguishable entity whose components may lack individual distinction: or". and she gave examples of the language. This is the exact verbiage of the Secretary of Interior's National Register Standards. Most ordinances that she has seen, this language is customary because it speaks to architecture specifically. Ms. Uguccioni's final proposed amendment was to delete former paragraph"F"which references a property's designation in the City's "Comprehensive Plan or Florida Master Site File". Ms. Uguccioni states this entire paragraph should be stricken because the City does not maintain a list of archaeological and historical landmarks in its Comprehensive Plan. This reference should not be there because the City's Comprehensive Plan doesn't have the historic site designation process associated with it which is the notification of the owner,the due diligence in terms of research, etc. With regards to the"Florida Master Site File" there was a form designed by Tallahassee and it is used when you survey an area, and surveying is just a preliminary look of things, not the in-depth research that we do for a designation report. It is never intended to stand alone, as a designation report. Deputy City Attorney Amuchastegui added that the purpose of this discussion item tonight is simply a discussion, the Board will not be taking a formal vote on this, and also to clarify that if this were to be considered by the Board in the future, it would ultimately be a recommendation for the City Commission to pass and adopt an Ordinance because it is the City Commission's function to pass ordinances that modify the City Code in any way. But this Board does have the authority to make a recommendation to the City Commission. Cassey Gabor asked if we can put"artifacts"in there,and Ms. Uguccioni said she thinks it is in the Ordinance already. The question is did we say specifically site structures.objects. We can enumerate the kinds of things the Board can designate as historic. Warren Stamm asked about the new paragraph "G.", can we amend this to strike it as we don't need it, and she said yes, it should be stricken, and so it would end at paragraph "F.". Ms. Uguccioni said in the definition section in the Code. we have a definition of what is an historic landmark,and that is any site building structure, landscape feature, improvement or archeological site. The Code says that an "improvement" is any building, structure, fence, gate, wall, walkway,parking facility, light fixture, bench, fountain,signs,work of art,which she thinks the word improvement in the definition of historic landmark would encompass signs. etc. However, if this Board feels that it should be even more specific such as another definition of"object", we could look into that. Cassey Gabor said it is necessary because of the Thunderbird Motel, it is difficult to get these. David Udoff said he would look into that. When he was down there he took pictures and he worked with Richard Schulman and wrote a letter to Mr. Dezer. Mr. Dezer donated the pieces and they ended up at Pelican Community Park and they are fiberglass like an egg-man,a pelican,and things like that. He will find out if there is a list of artifacts in the City. There were a number of signs, and he knows that the City wished to acquire the Ocean Palm sign. Cassey Gabor asked him to have a picture of each artifact along with the list. David Udoff said just this past week the Golden Nugget was demolished, and he went out there and took before and after pictures. He will locate all that information and pictures. Summary Minutes: 2014-1014 HPB bite Pane 4 of 8 Ellen Uguccioni said when a building is demolished,many times the demolition company is given the right of salvage, and it could be possible that the City might have the first right of refusal as to objects in a salvage operation like that with those elements of a building that are distinctive. As an example in Coral Gables 20 years ago when we were remodeling our Fire Station we had copper pieces/lines that were pretty beat up but when they changed them out, we took them, they were valuable. She doesn't know what beyond signage but there may be other things as well that are considered for example craftsmanship that we don't do today. Cassey Gabor said artifacts, etc. should be put in the Board's Mission Statement. Ellen J. Ueuccioni said if you designate historic landmarks, all of this is included in that. If you wanted to designate land, and Shari Blank said you would have to approach them in advance of any alterations that they were wing to make. Ellen J. Uguccioni said you would have to do a designation report to talk about the historic value, it is the same process you went through with Temple B'Nai Zion. 6. Old Business. • Cassey Gabor asked about artifacts and if they can be officially declared historic. At the Thunderbird there were historic signs, it was a bird, the crest of the Thunderbird. She said it was taken down about four or five months no when it changed into the Holiday Inn. Warren Stamm didn't know about it but he will look into it. Ms. Ueuccioni said she believes the wider issue is whether or not the Board would designate objects,and it is something that you could do. Under the Code you have the ability to designate structures,buildings,objects,and then you would have the same kind of control. In other words, if they were going to move the object that was designated by the Board as historic, it would have to first come to the Board for approval. 7. New Business. • Cassey Gabor said she has a listing of the Historic Preservation Board members 2012-2014 and asked if it would be updated, and it was noted that the Board appointments come up in December. She asked how many times the Board must meet during the year, and Deputy City Attorney Fernando Amuchastegui clarified that Chapter 171 of the City Code does not specifically state how many times the Board is required to meet. Historically the Board has met between three to four times a year, and so that has been more of a custom as opposed to an actual requirement in the City Code. • Cassey Gabor asked who will be preparing the annual report. and Deputy City Attorney Fernando Amuchastegui said we will work with David Udoff in that regard but yes, we do have to file an Annual Report with Miami-Dade County and send it to Harvey Ruvin. Clerk of the Court. He will be meeting with Mr. Udoff to ensure that gets done. Mr. Udoff said he has reviewed the previous Annual Reports that Richard Schulman has done, and his notes and photographs. Deputy City Attorney Fernando Amuchastegui said our Code states that it is the Board through the City Manager or his designee. Traditionally it has always been Richard Schulman who has prepared the Annual Reports. We will meet with the City Manager's Office and we can have somebody designated, presumably Mr. Udoff. Summary Minutes: 2014-1014 HPB Mta Page 5 of 8 • Cassey Gabor said she gave David Udoff some material as historic. Some of the material is a newspaper article and is very interesting. Ms. Uguccioni said that Richard Schulman maintained scrap books and she asked if Mr. Udoff will be doing that, and he said yes and that he has been doing it from the vent' beginning. • Cassey Gabor said the Mission of the Board is to promote public awareness. We have the Pier that is one of the main attractions in the City, it is an historic site and you should not have to pay to go in. Deputy City Attorney Fernando Amuchastegui said this was a policy decision regarding fees, they are very nominal fees to walk on the Pier. The City Commission sets the fees for people to visit the Pier. Warren Stamm said people don't go on the Pier because of the charge. Jorge Camaraza said he would like to see the expenses on it like these are the expenses, this is what we plan to collect, and what are we talking about in terms of dollars. Deputy City Attorney Amuchastegui said that is something that we can research and get that information and bring it to the next meeting. Shari Blank said if the fee goes towards maintaining the Pier, then that is a different situation. Deputy City Attorney Amuchastegui said it is a public/private partnership but we can ask for financial records. Jorge Camaraza said we should look at the financial records and also look at the implications between the City and Dr. Cornfeld, and see if we can make a recommendation. Cassey Gabor suggested to put up a picture of the original Pier so that when tourists visit it they can see what it did look like. David Udoff said in History Hall there are old pictures from the 1920's of the beach. Jorge Camaraza asked if we should have a motion about putting a picture up at the Pier, and Deputy City Attorney Amuchastegui said that is something they can report to the City Manager and get back to the Board at the next meeting. Warren Stamm requested a Revenue and Expense Report with regards to Pier admissions, how much we take in, how much it costs us, and what the expected tally is for people visiting. Jorge Camaraza also inquired as to the fiscal impact with Dr. Cornfeld as well, if there is a split of fees, etc. Shari Blank moved and Jorge Camaraza seconded a motion to look into photograph enlargements for the Pier and also to request the financials records related to Pier admissions. The motion was approved by a voice vote of 6-0-1 .John Rusnak absents in favor. Deputy City Attorney Fernando Amuchastegui said he will let the City Manager know that the Board has made this motion for City management to look into these issues and we will have more information for you at the next meeting. • Cassey Gabor said to also get the artifacts and send a letter to the developers about the artifacts before they destroy them like they did with the Thunderbird sign. Warren Stamm said the developers don't have a giant blanket that they put up on Collins Avenue and they don't let anybody see what is going on behind there. They come before the City multiple times to get permits, to get this and that before anything is destroyed. It is not like the developer is just destroying these things, it is because the City is permitting them to destroy then because they apply for permits. If there is something you want and the City is interested in it, it is less money for the developer to remove it. Jorge Camaraza said he thinks we are requesting two different things, yes you go in and request permits to do what you need to do and there may or may not be something in that request of a permit that may be Summary Minutes: 2014-1014 HPB Mte Page 6 of 8 relevant to the Board. The fact of the matter is that regardless of who owns the camels today, tomorrow or whenever, we should be able to go in and say at this point whoever that owner is, we want to designate these camels as historic, that is the bottom line. It doesn't matter who the owner is, we want to make sure that this item is protected and if and when it comes time for us to have access to it, it is protected and it has to come to this Board for review,and we should go ahead and do that now. Cassev Gabor said she wants to find out exactly what happened to that Thunderbird sign. Warren Stamm said that was done in 1957, he can't control that, he has been involved in that property for eight(8)years and he does not recall a change in the sign. If you let him know what it is, he will look into it. Cassey Gabor said she had a picture of the sign that she gave to the City,and David Udoff said he will send it to him. Jorge Camaraza said can we designate the camels once and for all as historic, can we get a motion for that? Deputy City Attorney Fernando Amuchastegui said at this point no because, again,we have to follow the procedure. If there is any item,any artifact that the Board would like ultimately designated as an historic artifact, we have to follow the whole due process procedures notifying the owner. Shari Blank said to put it on the agenda for the next meeting so that it can be voted on, and Jorge Camaraza said can't we just do that now? Ellen Uguccioni said you are speaking specifically to the camels and then we were also speaking to having a list of those artifacts that really characterizes Sunny Isles Beach. It is really a question in her mind, how we want to move forward and what is realistic, and to her what is realistic is if you moved for the camels, then that process can start while the gentleman is assembling a list of other things that you may or may not want to be important. You may under the Code of this Board move to designate something at which point it triggers the whole process, the designation report, etc. Jorge Camaraza asked David Udoff how much time would he need to produce a list of items that he feels are still relevant to the Board? David Udoff said as far as the existing items, and there are potential artifacts out there, and again there is the camels, the Thunderbird, disco tech in there that was called Pow \Vow Room from the 1970's. It will take him a few weeks to gather all the information. Jorge Camaraza said for the sake of doing it efficient chances are you are going to send a letter to the same three or four people rather than send it out for one thing and then come back for the rest. If we can reconvene in four(4) weeks with this item, then maybe we can review it and put that in motion. Ellen Uguccioni said it speaks highly of the Board that they want to go for historic value of buildings, items, neon signs, etc. Jorge Camaraza said there are new developments like Gateway Park where you can take some of these elements and capture the spirit of what took place in the City. 8. Date and Time of Next Meeting. • Action: David Udoff expressed that it will take longer than a month to gather the requested information. After discussion it was decided to schedule the next meeting on Wednesday, January 21, 2015 at 7:00 p.m. Summary Minutes: 2014-1014 HPB Mte Pape 7 of 8 9. Adjournment. Action: Warren Stamm moved and Jorge Camaraza seconded a motion to adjourn the meeting. and Chairperson Masters adjourned it at 8:17 p.m. Respecifd11vsubmitted. t Qom' January 21. 2015 •Jane Al. Hines. MMC, City Clerk Date /`,- i ,-, I. Summary Minutes: 2014-1014 I-IPB Mta Pane 8 of 8 SUMMARY MINUTES City of Sunny Isles Beach Historic Preservation Board Meeting 18070 Collins Avenue, 1st Floor Meeting Room Tuesday, October 14, 2014, 7:00 p.m. I. 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 Jorge Camaraza City Clerk Jane A. Hines, MMC Trina Duluc City Attorney Hans Ottinot Cassey Gabor Deputy City Manager Stan Morris Warren J. Stamm City Liaison: David Udoff Absent: John A. Rusnak (excused-prior event) Chairperson Joe Masters said a few words about the Board's City Liaison and City Historian Richard C. Schulman who had recently passed away, and who is very much missed. A moment of silence was held in his memory. 2. Approval of Minutes of the March 26, 2014 Historic Preservation Board Meeting. Action: Warren J. Stamm moved and Shari Blank seconded a motion to approve the above- mentioned Board meeting summary minutes. The motion was approved by a voice vote of 6-0-1 (John A. Rusnak absent) in favor. 3. Introduction of David Udoff to the Historic Preservation Board. Action: David Udoff introduced himself to the Board. He said he worked for the City in 2003 while attending FIU to get his degree. Back then he and Richard Schulman were working on a history project putting together the historical collection of artifacts,postcards, and memorabilia. They would go out together to find target areas to try to get artifacts to the City. David said he also wrote the "Are You Aware" monthly column published in the Sunny Isles Beach Community Newspaper as well as on the City's website. He is now working as an Office Assistant. Cassey Gabor asked who is the City Historian now? City Attorney Hans Ottinot said David Udoff basically is going to be the Liaison to the Board. He said Ellen Uguccioni is an expert consultant in which we use for any County requirements, or if any issues come up. It is hard to give Richard's title up, and so right now there is no official City Historian. Summary Minutes: 2014-1014 HPB Mtg Page 1 of 8 4. A Discussion by City Attorney Hans Ottinot regarding the Status of the B'nai Zion Temple's Lawsuit with the City. Action: City Attorney Ottinot reported noting that the"Settlement Agreement and Release"for the B'nai Zion Temple's lawsuit was already distributed. He said it was in 2010 when this matter came before the Board for an historic designation. After the decision was made to designate B'nai Zion Temple as historic, the owner of the Temple appealed that decision to the City Commission, and the City Commission affirmed the decision made by the Historic Preservation Board. After that decision, on behalf of the owner, his attorney filed a Federal Lawsuit in Federal Court alleging discrimination. Three(3)of the present members of the Board were deposed in that lawsuit and their depositions were 3 to 4 hours long. It was a good experience with respect to the decision made because we reached a settlement in that case. The settlement was reached between the City and the Temple's representative. He reported what it took to get to that settlement. First when that lawsuit was filed he and Co-Counsel were able to initially get the case dismissed as the case was premature. The Temple appealed that dismissal to the second highest Court in the Circuit which is the Circuit Court of Appeals, and they made a decision that they did not agree with the lower court. They said the case was ripe for the Judge to review and that it would probably go to a jury trial. The Case came back to the Judge and we spent a good two (2) years on discovery, depositions, arguments, and he has seven(7)boxes of documents from that case and that case is at least four(4)years old. Eventually, the Mayor was sued in his personal capacity, and we were able to diminish the plaintiffs case by getting the Mayor dismissed from the case on a term called"qualified immunity". For example, if you make a decision here in your official capacity as the Board and someone sues you as a member of this Board, that is qualified immunity because it was done in your official capacity. Eventually through discovery, all the witnesses, the Temple's representative made a lot of allegations that were not true. One allegation was that they claimed the Temple was adjacent to City Hall. They also claimed that the City had interest in this because the City wanted to buy the property. One of the witnesses was a former employee of the City, Robert Solera. There were previous allegations made which were refuted by Mr. Solera in his deposition. And so their case was weak, and at the end of discovery they realized that, and so did the Judge. The Judge called a court ordered mediation where both parties follow the Judge's instructions. We had one mediation in January 2013 for two days but that did not work out. Three months ago the Judge ordered a different mediator by the name of Robert Josefsberg, a well known and respected attorney here in Miami-Dade County. We spent two(2)days in session both ending at midnight, in which the mediator, the City Manager, the City Mayor, and the City's insurance representative, including the Temple's own representatives, all attended. Eventually the parties were able to reach a mutual beneficial agreement. City Attorney Ottinot said the terms of that Settlement Agreement are: 1)most importantly,this Board's decision to designate that property as"historic"will remain forever,and under our Code, the only way to change that designation is by the Historic Preservation Board,only the Board can designate or un-designate a property. 2)No taxpayer's funds were used for the settlement. The City's insurance carrier agreed to settle the Temple's claim for$175,000 which includes fees and costs. This settlement amount was far less than what the Temple spent in attorney's fees and costs, given the amount of paperwork that was accumulated in this case. 3)The City permitted the Temple to transfer development rights, which all properties in the City have development rights. We believe we want the Temple to remain as it is. We allowed them to take 15,000 square feet of floor area and five (5) dwelling units to sell to whoever they want to. Generally Summary Minutes: 2014-1014 HPB Mtg Page 2 of 8 they will find a buyer,a developer, who will want additional square footage or dwelling units,we will assist them in finding a buyer. 4)They have agreed to execute a Restrictive Covenant which is recorded in the public records of Miami-Dade County that confirms the property will remain historic forever. In addition to the lawsuit, we also had to defend the investigation with the Department of Justice(DOJ)that was triggered by a complaint the Temple filed. This was a 2 to 3 year investigation. The DOJ is the agency responsible for enforcing alleged religious discrimination claims. The DOJ was not friendly, in fact, they were hostile towards the City. One of the reasons we gave them over 5,000 pages of documents, we fought them pretty hard. He is here to tell the Board that after 4 Y years,the decision of the Historic Preservation Board is intact. Cassey Gabor said that half of the land is not designated, and City Attorney Ottinot said yes,the Temple's Social Hall was not included in the historic site designation. When this Board made the decision to designate the property,they did not designate the Social Hall and so that does not have the same restrictions. Whatever is permitted under our current Zoning Code which is not that much in terms of height and density,they can modify that building but anytime they want to build something, they have to come back to this Board. Cassey Gabor inquired whether the Temple can use their TDRs. City Attorney Ottinot responded that the Temple still has an existing 40,000 square feet of floor area. Shari Blank asked if this can set a precedence for anything in the future that if there were another piece of property that it could follow suit? City Attorney Ottinot said they are all done on a case by case basis. When the Board designated the Temple as historic,the research was done and the Board brought in an expert, Consultant Ellen J. Uguccioni, to justify designating the Temple as historic. This helped the City defend the decision of the Board. Ms. Uguccioni said it was gratifying to see the City's Historic Landmark Ordinance and the Historic Preservation Board's hard work stand up to the Temple's legal challenge. [City Clerk's Note: Chairperson Masters passed the gavel to Shari Blank to finish the meeting.] 5. A Discussion by Ellen J. Uguccioni regarding a Proposed Amendment to Chapter 171 of the City Code ("Historic Landmarks" Ordinance). Action: Consultant Ellen J. Uguccioni distributed a document on proposed changes to Chapter 171 "Historic Preservation". She said this is for discussion only, we will not vote on this tonight. In Section 171-5 we are talking about the reasons why something is eligible for historic designation, and that could be because it was associated with an important event. Temple B'Nai Zion was certainly representative of having demographic change in Sunny Isles Beach, and the architects that were working, and the designs that were evolving. She noted the underlined section in her proposed amendment is language that is added,and those stricken are proposed for deletion. The first one is Properties may be designated as archaeological sites and/or historic landmarks which is added language,because this whole Section is called Standards for designation of archaeological and historic landmarks, and so we are just putting in the verbiage that is the title of that section. Next, the proposed amendment includes the word "historical" as a qualifying criteria to be considered along with a property's archaeological significance. The first criteria is a site of an historic event, when you talk about the Pier, it is the site of a lot of events, fishing tournaments,etc. She is proposing to add paragraph "D. Embody the distinctive characteristics of a type. period. or Summary Minutes: 2014-1014 HPB Mtg Page 3 of 8 method of construction. or that represent the work of a master. or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction: or", and she gave examples of the language. This is the exact verbiage of the Secretary of Interior's National Register Standards. Most ordinances that she has seen, this language is customary because it speaks to architecture specifically. Ms. Uguccioni's final proposed amendment was to delete former paragraph"F"which references a property's designation in the City's "Comprehensive Plan or Florida Master Site File". Ms. Uguccioni states this entire paragraph should be stricken because the City does not maintain a list of archaeological and historical landmarks in its Comprehensive Plan. This reference should not be there because the City's Comprehensive Plan doesn't have the historic site designation process associated with it which is the notification of the owner,the due diligence in terms of research, etc. With regards to the"Florida Master Site File" there was a form designed by Tallahassee and it is used when you survey an area, and surveying is just a preliminary look of things, not the in-depth research that we do for a designation report. It is never intended to stand alone, as a designation report. Deputy City Attorney Amuchastegui added that the purpose of this discussion item tonight is simply a discussion, the Board will not be taking a formal vote on this, and also to clarify that if this were to be considered by the Board in the future, it would ultimately be a recommendation for the City Commission to pass and adopt an Ordinance because it is the City Commission's function to pass ordinances that modify the City Code in any way. But this Board does have the authority to make a recommendation to the City Commission. Cassey Gabor asked if we can put"artifacts" in there, and Ms. Uguccioni said she thinks it is in the Ordinance already. The question is did we say specifically site structures,objects. We can enumerate the kinds of things the Board can designate as historic. Warren Stamm asked about the new paragraph "G.", can we amend this to strike it as we don't need it, and she said yes, it should be stricken, and so it would end at paragraph "F.". Ms. Uguccioni said in the definition section in the Code, we have a definition of what is an historic landmark, and that is any site building structure, landscape feature, improvement or archeological site. The Code says that an "improvement" is any building, structure, fence, gate,wall, walkway,parking facility, light fixture, bench, fountain, signs,work of art,which she thinks the word improvement in the definition of historic landmark would encompass signs,etc. However, if this Board feels that it should be even more specific such as another definition of"object", we could look into that. Cassey Gabor said it is necessary because of the Thunderbird Motel, it is difficult to get these. David Udoff said he would look into that. When he was down there he took pictures and he worked with Richard Schulman and wrote a letter to Mr. Dezer. Mr. Dezer donated the pieces and they ended up at Pelican Community Park and they are fiberglass like an egg-man,a pelican,and things like that. He will find out if there is a list of artifacts in the City. There were a number of signs, and he knows that the City wished to acquire the Ocean Palm sign. Cassey Gabor asked him to have a picture of each artifact along with the list. David Udoff said just this past week the Golden Nugget was demolished, and he went out there and took before and after pictures. He will locate all that information and pictures. Summary Minutes: 2014-1014 HPB Mtg Page 4 of 8 Ellen Uguccioni said when a building is demolished,many times the demolition company is given the right of salvage, and it could be possible that the City might have the first right of refusal as to objects in a salvage operation like that with those elements ofa building that are distinctive. As an example in Coral Gables 20 years ago when we were remodeling our Fire Station we had copper pieces/lines that were pretty beat up but when they changed them out, we took them, they were valuable. She doesn't know what beyond signage but there may be other things as well that are considered for example craftsmanship that we don't do today. Cassey Gabor said artifacts, etc. should be put in the Board's Mission Statement. Ellen J. Uguccioni said if you designate historic landmarks, all of this is included in that. If you wanted to designate land,and Shari Blank said you would have to approach them in advance of any alterations that they were going to make. Ellen J. Uguccioni said you would have to do a designation report to talk about the historic value, it is the same process you went through with Temple B'Nai Zion. 6. Old Business. • Cassey Gabor asked about artifacts and if they can be officially declared historic. At the Thunderbird there were historic signs, it was a bird, the crest of the Thunderbird. She said it was taken down about four or five months ago when it changed into the Holiday Inn. Warren Stamm didn't know about it but he will look into it. Ms. Uguccioni said she believes the wider issue is whether or not the Board would designate objects,and it is something that you could do. Under the Code you have the ability to designate structures,buildings,objects,and then you would have the same kind of control. In other words, if they were going to move the object that was designated by the Board as historic, it would have to first come to the • Board for approval. 7. New Business. • Cassey Gabor said she has a listing of the Historic Preservation Board members 2012-2014 and asked if it would be updated, and it was noted that the Board appointments come up in December. She asked how many times the Board must meet during the year, and Deputy City Attorney Fernando Amuchastegui clarified that Chapter 171 of the City Code does not specifically state how many times the Board is required to meet. Historically the Board has met between three to four times a year, and so that has been more of a custom as opposed to an actual requirement in the City Code. • Cassey Gabor asked who will be preparing the annual report, and Deputy City Attorney Fernando Amuchastegui said we will work with David Udoff in that regard but yes, we do have to file an Annual Report with Miami-Dade County and send it to Haney Ruyin, Clerk of the Court. He will be meeting with Mr. Udoff to ensure that gets done. Mr. Udoff said he has reviewed the previous Annual Reports that Richard Schulman has done, and his notes and photographs. Deputy City Attorney Fernando Amuchastegui said our Code states that it is the Board through the City Manager or his designee. Traditionally it has always been Richard Schulman who has prepared the Annual Reports. We will meet with the City Manager's Office and we can have somebody designated, presumably Mr. Udoff. Summary Minutes: 2014-1014 HPB Mtg Page 5 of 8 • Cassey Gabor said she gave David Udoff some material as historic. Some of the material is a newspaper article and is very interesting. Ms. Uguccioni said that Richard Schulman maintained scrap books and she asked if Mr. Udoff will be doing that, and he said yes and that he has been doing it from the very beginning. • Cassey Gabor said the Mission of the Board is to promote public awareness. We have the Pier that is one of the main attractions in the City, it is an historic site and you should not have to pay to go in. Deputy City Attorney Fernando Amuchastegui said this was a policy decision regarding fees, they are very nominal fees to walk on the Pier. The City Commission sets the fees for people to visit the Pier. Warren Stamm said people don't go on the Pier because of the charge. Jorge Camaraza said he would like to see the expenses on it like these are the expenses, this is what we plan to collect, and what are we talking about in terms of dollars. Deputy City Attorney Amuchastegui said that is something that we can research and get that information and bring it to the next meeting. Shari Blank said if the fee goes towards maintaining the Pier, then that is a different situation. Deputy City Attorney Amuchastegui said it is a public/private partnership but we can ask for financial records. Jorge Camaraza said we should look at the financial records and also look at the implications between the City and Dr. Cornfeld, and see if we can make a recommendation. Cassey Gabor suggested to put up a picture of the original Pier so that when tourists visit it they can see what it did look like. David Udoff said in History Hall there are old pictures from the 1920's of the beach. Jorge Camaraza asked if we should have a motion about putting a picture up at the Pier, and Deputy City Attorney Amuchastegui said that is something they can report to the City Manager and get back to the Board at the next meeting. Warren Stamm requested a Revenue and Expense Report with regards to Pier admissions, how much we take in, how much it costs us, and what the expected tally is for people visiting. Jorge Camaraza also inquired as to the fiscal impact with Dr. Cornfeld as well, if there is a split of fees, etc. Shari Blank moved and Jorge Camaraza seconded a motion to look into photograph enlargements for the Pier and also to request the financials records related to Pier admissions. The motion was approved by a voice vote of 6-0-1 [John Rusnak absent[ in favor. Deputy City Attorney Fernando Amuchastegui said he will let the City Manager know that the Board has made this motion for City management to look into these issues and we will have more information for you at the next meeting. • Cassey Gabor said to also get the artifacts and send a letter to the developers about the artifacts before they destroy them like they did with the Thunderbird sign. Warren Stamm said the developers don't have a giant blanket that they put up on Collins Avenue and they don't let anybody see what is going on behind there. They come before the City multiple times to get permits, to get this and that before anything is destroyed. It is not like the developer is just destroying these things, it is because the City is permitting them to destroy them because they apply for permits. If there is something you want and the City is interested in it, it is less money for the developer to remove it. Jorge Camaraza said he thinks we are requesting two different things, yes you go in and request permits to do what you need to do and there may or may not be something in that request of a permit that may be Summary Minutes: 2014-1014 HPB Mtg Page 6 Of 8 relevant to the Board. The fact of the matter is that regardless of who owns the camels today, tomorrow or whenever, we should be able to go in and say at this point whoever that owner is, we want to designate these camels as historic, that is the bottom line. It doesn't matter who the owner is, we want to make sure that this item is protected and if and when it comes time for us to have access to it, it is protected and it has to come to this Board for review,and we should eo ahead and do that now. Cassey Gabor said she wants to find out exactly what happened to that Thunderbird sign. Warren Stamm said that was done in 1957, he can't control that, he has been involved in that property for eight(8)years and he does not recall a change in the sign. If you let him know what it is, he will look into it. Cassey Gabor said she had a picture of the sign that she gave to the City,and David Udoff said he will send it to him. Jorge Camaraza said can we designate the camels once and for all as historic, can we get a motion for that? Deputy City Attorney Fernando Amuchastegui said at this point no because, again,we have to follow the procedure. If there is any item,any artifact that the Board would like ultimately designated as an historic artifact, we have to follow the whole due process procedures notifying the owner. Shari Blank said to put it on the agenda for the next meeting so that it can be voted on, and Jorge Camaraza said can't we just do that now? Ellen Uguccioni said you are speaking specifically to the camels and then we were also speaking to having a list of those artifacts that really characterizes Sunny Isles Beach. It is really a question in her mind, how we want to move forward and what is realistic,and to her what is realistic is if you moved for the camels, then that process can start while the gentleman is assembling a list of other things that you may or may not want to be important. You may under the Code of this Board move to designate something at which point it triggers the whole process, the designation report, etc. Jorge Camaraza asked David Udoff how much time would he need to produce a list of items that he feels are still relevant to the Board? David Udoff said as far as the existing items, and there are potential artifacts out there, and again there is the camels, the Thunderbird, disco tech in there that was called Pow Wow Room from the 1970's. It will take him a few weeks to gather all the information. Jorge Camaraza said for the sake of doing it efficient chances are you are going to send a letter to the same three or four people rather than send it out for one thing and then come back for the rest. If we can reconvene in four(4) weeks with this item,then maybe we can review it and put that in motion. Ellen Uguccioni said it speaks highly of the Board that they want to go for historic value of buildings, items, neon signs, etc. Jorge Camaraza said there are new developments like Gateway Park where you can take some of these elements and capture the spirit of what took place in the City. 8. Date and Time of Next Meeting. • Action: David Udoff expressed that it will take longer than a month to gather the requested information. After discussion it was decided to schedule the next meeting on Wednesday, January 21, 2015 at 7:00 p.m. Summary Minutes: 2014-1014 HPB Mte Page 7 of 8 9. Adjournment. Action: Warren Stamm moved and Jorge Camaraza seconded a motion to adjourn the meeting, and Chairperson Masters adjourned it at 8:17 p.m. • • • r;° Respectftil1y submitted. LG a i ' t - +4J;1 January 21. 2015 'n Jane Al Hines. IvtMC, City Clerk Date y 1' - 7 MI ; 10:0":1 Summary Minutes: 2014-1014 HPB Mtn_ Paste 8 of 8