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HomeMy WebLinkAbout2010-0902 Special City Commission Meeting SUMMARY MINUTES Special City Commission Meeting Thursday, September 2, 2010,6:00 p.m. City of Sunny Isles Beach, Florida A TTENTION ALL LOBBYISTS: CITY LAW REOUlRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMA TION. AGENDA 1. CALL TO ORDER / ROLL CALL OF MEMBERS The meeting was called to order by Mayor Edelcup at 6:00 p.m. with the following officials present: Mayor Norman S. Edelcup Vice Mayor Lewis J. Thaler Commissioner Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl City Manager Rick Conner City Attorney Hans Ottinot City Clerk Jane A. Hines, CMC Assistant City Attorney Fernando Amuchastegui 2. PLEDGE OF ALLEGIANCE Action: Seth Bramson led the Pledge of Allegiance to the flag. Mayor Edelcup gave opening remarks of decorum. 3. RESOLUTIONS 3A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Selecting Keefe, McCullough & Co. LLP as the Auditor for the City in Response to RFP No. 10- 06-01; Authorizing the City Manager or Designee to Negotiate and Enter into an Agreement with Keefe, McCullough & Co. LLP, for Audit Services, Providing that Said Agreement is Reviewed for Legal Sufficiency by the City Attorney; Authorizing the City Manager and the City Attorney to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager/Finance MinaI Shah reported, noting that the agreement is for three years with two one-year options for renewal. Public Speakers: none Mayor EdeIcup asked if the price was set for each of those years, and Assistant City Manager Shah said yes for the first three years there is a $1 ,000 incremental increase for year two and for year three. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve this resolution. Resolution No. 2010-1596 was adopted by a voice vote of 5-0 in favor. Summary Minutes: Special City Commission Meeting September 2, 2010 Sunny Isles Beach, Florida 4. PUBLIC HEARINGS 4A. Hear an Appeal by Becker and Poliakoff, P.A. regarding Designating Temple B'Nai Zion Located at 200 178th Street, Sunny Isles Beach, Florida, as an Historic Site. Action: [City Clerk's Note: Additional information was distributed prior to the meeting on the zoning history and permit history oJ200 1781h St.] Mayor Edelcup gave opening remarks on procedures/decorum and City Clerk Hines read a disclaimer for the hearing, and administered the oath to the witnesses for the hearing. Jeff Crockett of the firm of Coffey Burlington representing the City, said that we are here on an appeal of Historic Preservation Board Resolution No. 2010-13 which approved the designation of Temple B'Nai Zion as an historic site under the standards of the Ordinance. He said he would call only one witness, Ellen Uguccioni, the Consultant hired by the Historic Preservation Board, and her conclusion was that the site was a site of an historical event with a significant effect on the community which is one of the criteria. Second, that it exemplified the historical cultural, political, economic or social trends of the community. Anyone of those if found by this Commission, is sufficient for historic designation. The effect of historic designation allows continuation of the same use that has been in effect since 1977. It allows for interior modifications, but it allows for exterior modifications only with a "Certificate of Appropriateness" issued by the Historic Preservation Board. Consultant Ellen Uguccioni reported and gave a power point presentation of Temple B'Nai Zion located at 200 178th Street, Sunny Isles Beach, Florida. She said that she was asked to evaluate this building, currently Temple B'Nai Zion, to determine whether it was eligible for historic designation or not. She noted that the City took the opportunity to recognize 300 survivors who lived in the City and what is particularly important about that beyond recognizing people who went through this, is that the City took that initiative, and to her knowledge it is unprecedented that a City went to honor these people. She noted that there is a site plan identifying parts of the building as A, B, C, D, and E. The three pieces that meets the standards of Chapter 171-5 of the City Code are: A) the main building; B) the Portico which is a covered walkway in front of the building; and C) the Memorial Tower. The connector building which was built earlier and the community center, we do not believe merit historic designation because they are not part of the visual whole that Mr. Kreidt designed in this mid-century modern style. She noted that the copper roof, which is the most unusual feature of this Temple, had to be engineered with structural engineers that met indepe1?dent from anybody else to try to figure out how to hold this up. She showed the buttresses which are a very stylized version of a traditional building component. The memorial tower originally had a cross on top and now has the Star of David, and she quoted Mr. Kreidt, although it was designed as a Lutheran Church, its design as a House of Worship was more universal allowing its use to be modified as has been accomplished. The building expresses by virtue of just being there, that the community placed emphasis on its spiritual condition, it testifies to the demographical change that occurred in Sunny Isles Beach and is part of the history which is both social and cultural. She also noted that some of those here tonight were responsible for the incorporation of Sunny Isles Beach and that is of course a political happening which is also included in this continuum of history. Public Speakers: Keith Poliakoff, Esq.; Joseph B. Kaller, Architect; Marla Sherman Dumas; Summary Minutes: Special City Commission Meeting September 2, 2010 Sunny Isles Beach, Florida Rabbi Aaron Lankry; Daniel Wallach; William C. Kreidt, Sr., Architect; Rosita E. Kenigsberg; Isaac Franco (former President of Temple B'Nai Zion); Soritta Saltzstein; Sam Gasson; Marc Mogil; Arnold Klein; Bob Welsh; Keith Poliakoff, Esq. of Becker & Poliakoff, P.A., introduced Roxanne Feldman of the firm, Daniel Wallach who is their board certified appellant attorney and federal litigator, Architect Joe Kaller, and Marla Sherman Dumas will be reporting tonight. Mr. Poliakoff asked the City's Consultant Ellen Uguccioni about the terms of her contract with the City, and she said that she is doing a number of things including: review of the design of the high-rises along the beach and to write a book about them for the City's 15th Anniversary; explore possible incentives for historic preservation including ad valorem tax exemptions, transfer of development rights, review the ordinance as it presently exists and make recommendations to the City Commission, the Historic Preservation Board, and to the City Attorney. He asked her how much the contract was for and if she responded to an RFP, and she said no she did not respond to an RFP, and that she was getting paid $52,000 for a total of 18 months. Mr. Poliakoff asked Consultant Uguccioni the following questions: if she was aware that the City has plans upstairs showing part of Temple B'Nai Zion as part ofMt. Sinai, and she said no. Mr. Poliakoff asked her if she was aware that the City attempted to lien the site, and she said no. He said that St. Mary Magdalen was built before Temple B'Nai Zion and so why isn't St. Mary Magdalen being considered for historic designation, and she said that she does not know what policies the Historic Preservation Board has in making this list but it probably could be designated. Mr. Poliakoff said St. Mary Magdalen asked the City not to designate it, and so it was taken off the list for designation but Temple B'Nai Zion was left on the list. You spent a long time under Standard B speaking about one of the fundamental reasons that you believe this site should be historic, is the fact that the City sponsored an event in which 200 holocaust survivors showed up, obviously you felt that to be historically significant. He asked Ms. Uguccioni if the site gets designated as historic, are we allowed to remove the 12 Disciples, and Ms. Uguccioni said that you are required to go to the Historic Preservation Board and design something that is appropriate to the design that exists. You have to demonstrate why you need it, how you designed it, how you're sympathetic to the design of the church, and you can offer that to the Historic Preservation Board, they would make the ultimate decision or advise you to maybe go another route in your design. Mr. Poliakoff said if they suggested that the Memorial Tower should be removed because it is a Christian icon, what would they need to do, and Ms. Uguccioni said they would file for a "Certificate of Appropriateness" they would go to the Historic Preservation Board and ask for permission to take away the Memorial Tower. The whole point of the designation process is to ensure that the most important parts of the structure that we define are kept in place. It does not prohibit development of the site, and it does not prohibit the City from granting variances. Mr. Poliakoff said if Rabbi Lankry came up here tonight and said you say the Memorial Tower is significant, take it, I am happy to give it to you. Would that preserve it for the City's purposes? The City could put it wherever it wanted, and Ms. Uguccioni said that it has no context without the Temple. 3 Summary Minutes: Special City Commission Meeting September 2, 20 I 0 Sunny Isles Beach, Florida Mr. Crockett asked Ms. Uguccioni based on her 30+ years of experience, does this property using the professional standards used in the field of historic preservation, qualify as you have testified today, and Ms. Uguccioni said yes. [City Clerk's Note: Roxanne Feldman oJBecker and Poliakoffhanded out their power point presentation.] Mr. Poliakoff reported and gave a power point presentation on the background of Temple B'Nai Zion and the appeal. He said in 2003 that the President of the Temple was Isaac Franco who approached Rabbi Lankry about increasing membership and raising funds for the Temple, and as Rabbi Lankry began to bring in new members, the Temple began to slowly shift from a conservative Temple to a Sephardic Temple. Mr. Poliakoff said Robert Solera used to work at the City, he was going to come forward and provide testimony at the Historic Preservation Board meeting about why he believes there are underlining motives as to why we are here, and now ifMr. Solera testifies he may be subject to an Ethics complaint. Mr. Solera said to subpoena him when you get to court the next time, and he will tell you everything. So what happened at that meeting, we handed out Mr. Solera's proposed comments, and they were immediately grabbed and said that we are going to hold a copy in the City records because it is now public record. City Attorney Ottinot said he just wanted it known for the record that the City Commission invited Mr. Solera here tonight to testify but he is not here. We granted him a waiver and provided him with an opportunity to present testimony after we amended our Code to provide that opportunity. Second, staff did not grab Mr. Solera's testimony. And third, with respect to mediation, we invited your firm to mediate with us, and these are all public records, you rejected mediation. Mr. Poliakoffproceeded to read Mr. Solera's testimony into the record. Mr. Poliakoffwent over the presentation outline and introduced Architect Joseph B. Kaller, who continued the power point presentation on the history of Sunny Isles Beach, including motel row which was demolished, and a review of the existing architecture. He noted that the Ocean Palm Motel, the nation's first two-story motor court, has not been designated as historical by the City of Sunny Isles. He said the only two free standing Houses of Worship in the City are St. Mary Magdalen Church Sanctuary and the Rectory, and Temple B'Nai Zion. He also gave background on the Temple, including the existing site plan and the floor plan showing that the altar is facing west instead of east toward Jerusalem. He noted that the Temple hired Architect Kobi Karp to come up with a solution of what can be built on that site, and he showed the proposed rendering which has been designed consistently with Jewish traditions and facing east. Mayor Edelcup asked Mr. Kaller ifhe was aware of any plans that were filed with the City for this new building, and Mr. Kaller answered no. Former City employee Marla Sherman Dumas continued the power point presentation with criteria established in the National Register of Historic Places which are really the foundation for all local historic preservation, and Mayor Edelcup said that we are ruling on our own Code, whatever the National Register of Historic Places has set up is not relevant to what our Code is saying. Ms. Dumas said it is very difficult in any community to find a church that is locally designated because most of churches that are designated occur in Historic Districts 4 Summary Minutes: Special City Commission Meeting September 2, 20 I 0 Sunny Isles Beach, Florida when they are part of the integral fabric of a District. She went over the site and building and noted that the sanctuary is shaped like a cross, and the grace window is so much more apparent since the arc was moved for the remodeling. She also went through the City's Historic Preservation Board's efforts throughout the years. She noted that the City's Comprehensive Plan has all the required elements, but there is no optional element addressing historic preservation. She urged the Commission to overturn the recommendation by the Historic Preservation Board to designate Temple B'Nai Zion as historic. Mr. Crockett said that Ms. Dumas mentioned that there was a partnering relationship between the Temple and other congregations, and asked her to elaborate, and Ms. Dumas said it was her understanding that the Temple is allowing another congregation to lease a portion of it. Mr. Crockett asked her if she knew whether or not there is a lease that the second congregation has, and Ms. Dumas said she has no idea but she knows they were not using the main sanctuary because of the impediment of the direction it faces, they were temporarily using the other building until these renovations were completed, they had moved the arc and all the seating into that building on a temporary basis. Mr. Crockett said that those changes to change the orientation to correct it are being made, is that correct? Ms. Dumas said they are underway but the seating capacity is diminished and that is a concern because the Orthodox community is growing and they need greater capacity in order to service their community. Mr. Crockett said that the changes that were applied for are being made notwithstanding historic designation, and Ms. Dumas said yes as far as she knows. Rabbi Aaron Lankry, President of Temple B'Nai Zion, gave some background information on how he came to this Temple and its history with the City. He said the Temple has no interest in being declared historic. Mr. Poliakoff introduced Dan Wallach of his firm to present some legal standards. Mr. Wallach said he wanted to raise a legal issue that was raised in the Temple's appeal filed with the City Clerk on July 6,2010. On August 25 the City Attorney responded to the appeal and distributed a memorandum to each of the City Commissioners, and he wanted to address one point that was raised in that memorandum, the issue of selective enforcement cannot be overstated. It does not require that the Temple prove that there was purposeful discrimination, it just requires, and there is a federal law called RLUIP A which is the Religious, Land Use, and Institutionalized Person Act of 1990, and it states that no government shall impose or implement a land use regulation in the manner that treats a religious assembly or institution on less than equal terms with a nonreligious institution or assembly. A Federal Appeals Court in this area, the 11 th Circuit US Court of Appeals, in the case of Midrash Sephardi v. Town of Surfs ide, stated that this statutory command requires equal treatment of secular and religious institutions. What we have here is the first original designation of a site or building in the City's history, yet by contrast the City has refrained from designating other properties with far greater historical significance such as St. Mary Magdalen Church, and also Ocean Palm and the Golden Strand, given the architecture, the date of construction, and its history in the community, and yet those are not being designated. It is a treatment on less than equal terms than what the Temple is being treated with, and each of those institutions, the Golden Strand in particular, objected to the designation and they were removed from the list of possibilities of being designated as an historic site. By 5 Summary Minutes: Special City Commission Meeting September 2, 2010 Sunny Isles Beach, Florida contrast Temple B'Nai Zion objected to the designation yet it went forward. This dispirit treatment opens the City up to a potential claim of violation of the equal terms provision of RLUIP A. The City Attorney addresses their point in his August 25,2010 memorandum, but he only discusses one component of RLUIP A which is the notion that the Temple and its congregants would be substantially burdened. His memorandum does not address the equal terms provision of RLUIP A and he would implore the City Commission and the City Attorney to look further into this issue. He imagines that the City has the benefit of both the initial appellant brief and the City's response and they incorporate the Temple's appellant brief into the record. [City Clerk's Note: The Commission tookajive-minute recess.] Mayor Edelcup called upon Jeff Crockett who asked Assistant City Manager Vera to address the work plans submitted by the Temple described as the Kobi Karp Plans or anything similar to that. Mr. Vera said no plans were ever submitted for review by this Board or an application by this Board by the Temple. He said he was the Assistant City Manager in charge of the Services Division which included the Community Development Department and the Code Enforcement Department. Mr. Crockett asked him if his duties included supervision of Robert Solera, and Mr. Vera said yes. Mr. Crockett asked him how many years he supervised him, and Mr. Vera said that he has been here since the beginning of the City, and so whenever Mr. Solera came in [as an employee]. Mr. Crockett asked if any of those statements that were made were ever reported to him, and Mr. Vera answered no. Mr. Poliakoff asked Mr. Vera about Mr. Solera and his memorandum that he prepared advising that the Mayor directed him to cite the Temple. It is public record, and he has a copy in his file, and Mr. Vera asked to see it as he does not remember it. Mr. Poliakoff asked Mr. Vera ifhe is saying that the Mayor, to his knowledge, never directed Code Enforcement to look into certain issues, and Mr. Vera said to his knowledge, no. Mr. Poliakoff asked ifhe knew if the Mayor complained about Temple B 'Nai Zion, and Mr. Vera said not that he knows of. Mr. Poliakoff said then that he does not believe Mr. Solera's testimony, and Mr. Vera said he doesn't believe the entire testimony as stated on paper. Mr. Poliakoff asked what year the City was founded, and Mr. Vera said 1997, and Mr. Poliakoff said, and you have been here since its inception, and Mr. Vera said he was the second employee of the City, January 12, 1998. Mr. Poliakoff asked what was the highest position that Mr. Solera had, and Mr. Vera said the Community Development Director. Mr. Poliakoff said then that anything that he would have done, would have been with your full knowledge, and Mr. Vera said it should have been, yes. Mr. Poliakoff asked City Manager Conner to address the circumstances in which Mr. Solera was terminated or left the employee of the City, and City Manager Conner replied that Mr. Solera was asked to resign from his position. Mr. Poliakoff asked when that occurred and City Manager Conner said a year to a year and a half ago. Mr. Poliakoff said in your position as City Manager have you ever heard that the City of Sunny Isles Beach has any intention or desire to own or acquire the property of Temple B'Nai Zion, and City Manager Conner said no. Mr. Poliakoff said he will be brief because he has only been here a year, and City Manager Conner said a little over a year. Mr. Poliakoffasked ifhe still had the plans in his office showing the expansion of Mt. Sinai. City Manager Conner said he doesn't have any plans in his office or seen any plans showing the expansion of Mt. Sinai. Mr. Poliakoff 6 Summary Minutes: Special City Commission Meeting September 2, 20 I 0 Sunny Isles Beach, Florida asked ifhe had seen that picture in his office at any time ofthe Temple's project that Kobi Karp designed that he met with staff about, and City Manager Conner said not that he knows of, no. Mr. Poliakoff asked City Manager Conner about the $52,000 non-procurement contract with Ms. Uguccioni, and City Manager Conner said we try to use our proper judgment in every transaction we enter into, he did consult with the City Attorney on this matter, and together we believed that we made the right decision. Mr. Poliakoff asked if he has a spending limitation, and City Manager Conner said that during the summer recess of the Commission, he has the authority of the Commission and they can later ratify the approval. Mr. Poliakoff said in the same week that your expert was fired from the City of Miami, you hired her under a contract under your own volition for $52,000 which is to be ratified by the City Commission, and City Manager Conner said yes. Mr. Poliakoff asked when will that item come before the Commission, and City Manager Conner said at their September meeting which will have all the items that were entered into during that period. Mr. Poliakoff asked if he had hired anyone else during that time, and City Manager Conner said yes we have entered into contracts with other consultants. Mr. Poliakoff asked if any are in the tune of $52,000 or more, and City Manager Conner said yes, we have got several for consultants who are going to be doing design work on some of our landscape projects, park projects, and initial proposals. Mr. Poliakoff said you hired, disregarding the CCNA, landscape consultants without a procurement, and City Manager Conner said no we have a procurement process. Mr. Poliakoff asked if the Mayor has ever directed him to send Code Enforcement out on a particular property, and City Manager Conner said that he can say that every Commissioner, a lot of citizens, and other staff members have commented that they have seen violations as they were passing by and suggested that someone look at it, but he has never been specifically cornered and directed to proceed on a Code violation. Mayor Edelcup asked City Attorney Ottinot because he has been here since the inception, the question was asked to the Manager whether or not the City made any attempt to acquire the site and somehow they are connecting it with Mt. Sinai, were there ever to the best of your recollection any record, or attempt, or meeting with anyone to acquire the Temple B'Nai Zion site for the City. City Attorney Ottinot said for the record that he has been here since 2000, and he has been the point person at the Commission's directive to acquire properties for public purposes, and at no time was he directed by any member of the Commission to seek, to acquire by purchase or by any other means Temple B 'Nai Zion. Mayor Edelcup said that the Attorney also made a comment that there were plans upstairs that were to incorporate Mt. Sinai as part of the new plan for the City to have Mt. Sinai there, do you recall any plans, and Assistant City Manager Vera said no plans have ever been submitted, he has never seen any plans from Mt. Sinai and he has seen every plan in the City. Mayor Edelcup said there are no plans currently available, extension plans that have been filed at any time, and Mr. Vera said the only plans that are out for the Temple are the ones that they are doing the construction on right now but nothing that has come before the Commission. Mayor Edelcup asked about the Kobi Karp pictures, and Mr. Vera said he can honestly say that he has seen them and the plans but that is as far as it went because Kobi or the applicant never proceeded with an application or plans to come before the Board. 7 Summary Minutes: Special City Commission Meeting September 2, 2010 Sunny Isles Beach, Florida The public hearing was opened and Mayor Edelcup called on those people who had signed up to speak. He called upon Architect William C. Kreidt, Sr. Architect William C. Kreidt, Sr., said that Temple B'Nai Zion should be designated as an historic site because of its importance to the history and the City of Sunny Isles Beach and to the Jewish community. He first came to know Sunny Isles Beach in 1950 at which time he designed the Pan American Hotel. The following year he designed the Sahara Motel, and shortly after that the Lucerne Hotel in Miami Beach. In 1957 The Board of American Missions of the Lutheran Church purchased the land for a new church to provide spiritual needs to visitors and residents in the area of Motel Row. This move would become the first step in the development of Temple B'Nai Zion. The building did not lend itself to any particular type of architect, it was the first building of that nature that he had ever done, and he would not have considered it at all without including three major elements because they all go together and fit so well, which are the Main Sanctuary, the Portico, and the Tower. It was an artistic approach, it came from his heart, and the cross like interior, he never planned that, it was brought out tonight but it was never his intention to do that. The only cross that was intended to be a cross was that on top of the tower. He complimented Ellen Uguccioni for her excellent report, he read it and was enthralled on how well she covered everything. Mr. Kreidt said over his years as Architect he has created many fine projects but none has been as rewarding as this one. The conditions that existed when the Temple was designed were unique to this site, the split parking and the need to have a vertical element led to the solution, that included a combination of features including the Main Sanctuary, Portico and Memorial Tower, because of these unique features, it would not be the same on any other site. It is truly a treasure, it must be saved, when it is gone, it is gone forever. Mayor Edelcup called up Rosita Kenigsberg and she attested to the fact that the event that took place [Holocaust Survivors Event] on March 28,2004 at 1 :30 p.m. at Temple B'Nai Zion was not common place, it was unprecedented, it was unique, it was uplifting, it was a truly historic moment for the 300 survivors and their families. She is the daughter of a Holocaust survivor. Mr. Wallach asked to cross examine her testimony and she refused, and therefore he asked that her testimony be stricken from the record, and Mayor Edelcup said it will not be stricken from the record. City Attorney Ottinot said that the critical evidence tonight is our Consultant's report, and that is the evidence that the Commission's decision will be based on. The witness was making public comment, obviously she has a right to refuse questioning. Mr. Wallach said while she does have the right to speak, equally true is the fact that the Temple has the right to cross examine her, and if we would have had that right, and ifher testimony is to be considered, we need to be able to ask her a few questions. One of two things is true, she can speak and we can cross examine her, or if she refuses to be questioned he asked that the City Commission completely disregard her testimony. City Attorney Ottinot said he has made it clear that the Commission's decision is based on the Consultant's report that is the evidence that they will make a decision on. Mayor Edelcup said we will make our decision based on the Consultant's report, but we are taking her comments, anybody's comments that wishes to speak, as this is a public hearing, any person who wishes to speak can speak, and we are not closing our ears to what they are saying, but we will make a determination based on the factual evidence before us. 8 Summary Minutes: Special City Commission Meeting September 2,2010 Sunny Isles Beach, Florida Isaac Franco said he was the President of Temple B'Nai Zion for six years when it was both a Conservative Synagogue and an Orthodox Synagogue. He said he was insulted with what was said tonight, when he and his wife with their own two hands turned that Synagogue around to face east and they came to pray there. Irving Turetsky was the President for ten years immediately before him, and between them, they have a pretty good idea of what happened to Temple B 'Nai Zion. He heard a lot of anti-Semitic, and he wanted to note that most of the Commission here are Jewish and were members of Temple B'Nai Zion. He noted that the City of Net any a, Israel is a Sister City to the City of Sunny Isles Beach. While he was President, he had an excellent relationship with the City. The Memorial Tower was falling down in pieces while Mr. Turetsky was the President, and was given a quote of $25,000 to rebuild it or $10,000 to demolish it. That Memorial Tower made the Synagogue what it was, wherever you were you could see it, it was the only free standing Synagogue in the City of Sunny Isles Beach. One of the contractors came to him and said don't worry, I will fix it and it will cost you nothing, and they rebuilt that Tower at no cost. If they will take a look at the it they will find an electricity line, the Star has a sensor that lights up at night. He also noted that the Synagogue honored the Police and the Firefighters at a Friday night service because of the great job they do. When he was President, Code Enforcement came and visited him because of a caterer who was not paying attention and doing his job right, the condos across the way complained, he called Mayor Edelcup and the Mayor said that they have to abide like everyone else has to. When they changed the Synagogue around to face east, a new arc was built where it was facing east when they prayed, and there was no semblance of any kind of a cross there. Also, Holocaust survivors paid for plaques on the walls for their relatives who had passed away, and he asked Rabbi Lankrey to put those plaques back up on the walls for the members to remember their dearly departed. Soritta Saltzstein is the daughter of Bess and Mitchell Robin, they paid for Temple B'Nai Zion with five other couples in 1977, they were the founding fathers, it was not only their spiritual home, but it was also their social, cultural, etc., before Anna Levin, her mother was the President of the Sisterhood for 12 years, and her father was on the Board. It was said here tonight that the Temple was provided for tourists which is false, it was provided for the couples who moved here in their retirement years. Sam Gasson said he worked in Temple B'Nai Zion for almost 20 years, he is a Holocaust survivor, and the only one left of his family. He worked as a volunteer, it was a second home to him, and now they took away the Synagogue. Marc Mogil spoke against the designation. Arnold Klein is in favor of the historic designation, as well as Bob Welsh. Commissioner Goodman said he is a veteran of World War II, his father lost his family during the Holocaust. He retired and moved to Sunny Isles Beach 24 years ago, and was a member of Temple B'Nai Zion for a couple of years, but is no longer a member. The Temple belonged to the people but that has changed, people moved on, population changed, and they were having difficulties. The new people came in and wanted to take over the Temple, and raised the dues from $400 to $1,000. 13 years ago he lost his wife and he bought a memorial plaque and one for himself, every time he goes to the Temple, it is closed. It is the duty of the Synagogue to allow people to come in and light candles for their loved ones. Are the memorial boards still there, did you lease the Synagogue to other people? Where are the 5 Torahs? There was never a permit for you to build on that site. 9 Summary Minutes: Special City Commission Meeting September 2, 2010 Sunny Isles Beach, Florida Commissioner Scholl said he is the only non-Jew on the Commission, he lives in the only historic house in Sunny Isles Beach, and he was the Chairman of the Historic Preservation Board for several years as was his wife before he became a Commissioner. He is most impressed here tonight by the passion by all fronts. At the same time a lot of us are missing the point, the point is property rights. The one thing that makes this City great is the fact that we have all walks oflife owning property here from every nation in Europe, South America, everywhere, and the fact is that those people feel comfortable owning property here because they know it is highly unlikely that there is going to be issues with their property ownership unlike in their host countries in many cases. The issue is if we are going to burden somebody's property rights. He said his property rights are burden but he bought his house that way and he loves his house, it is a very unique house, and for the record, the hurricane blew down the Pergola and that is why it is gone. He lives in an historic house, he takes painstaking care when they have to do anything to the house to preserve the character of the house, but the fact is that he bought his house that way and he understood the rules coming in. In this case he really believes that if we are going to burden somebody's property rights and this Commission is going to make a ruling here and it is going to set a precedent, and sometimes we are judge and jury up here and he thinks we need to be very careful when we are doing that and really look at the core issue, and the emotions ran high here tonight but it is not the core issue in his mind. The core issue is that are we going to burden somebody's property rights and take something away from them over some arguments that he thinks are a little flimsy personally. He doesn't really buy into the veracity of these arguments, if we are going to take somebody's property rights away, which is a fundamental right in this country, he thinks we should have overwhelming evidence that supports doing that. He believes when his house was designated historic before he owned it, there was overwhelming evidence, it was built in 1922, it was the oldest house in this part of town, very unique architecture, they designated it, no problem. We have a lot of countervailing arguments here and the onus is on us to be absolutely certain that we are going to do something that is appropriate given the fact that we are going to take something away from a property owner. We have to discount our perspective toward the actual property owner and look at the fact that we are going to take away somebody's property rights, whether it is a Temple, a single family home, a rich condominium developer, those things need to be protected, and he thinks we have to hold them at a very high standard if we are going to burden them. Vice Mayor Thaler said he hasn't been living in the City as long as just about everyone here tonight, but he looks at the architecture, at what has happened in this Temple, and he was a member of the Temple for a limited amount of years. He looks at the people that he has spoken to on the street, the people that he knows, and the significance of what that Temple is not only to an individual but to the City. Just because we didn't make the other hotels and motels historic, he believes this is very different, the majority of the people in Sunny Isles Beach were Jewish, they belonged to this Temple, and the architecture does create a difference and therefore he believes that we should sustain this Temple and make it an historic site. Commissioner Brezin said as the Architect indicated this is something that is unique, it's different, and you may never see it again. She also has a high regard and respect for the professionals that have spoken here explaining why this should be an historic site. Based on that and based on the input from the people in our community that have a very strong feeling, 10 Summary Minutes: Special City Commission Meeting September 2, 20 I 0 Sunny Isles Beach, Florida that have worshipped there in the past, who respects this architecture and would like for it to remain as it is. Based on that, she feels that this should be designated as an historic site. Mayor Edelcup said that he too feels that this Temple is an historic site for the honoring of the Holocaust survivors in our City. As it has been pointed out by Ellen Uguccioni and by Rosita Kenigsberg, we had a wonderful opportunity years ago to locate all of the Holocaust survivors living within our City, and it was a decision that he made and worked with staff to arrange for that ceremony to take place at Temple B'Nai Zion. We were very fortunate in bringing together some 300 residents of our City, many of whom are still alive and with us today, and hopefully will be for many years yet to come. But that particular event handled by our City, the only City to ever have done something like this, to him is very historic and certainly to the 300 survivors that were there that day, felt it was very historic. Whether or not the Temple is architecturally of significance is a secondary matter, the primary reason for designating that Temple in his mind is the fact that we had a very historic event taking place there. Vice Mayor Thaler moved to affirm the decision of the Historic Preservation Board to designate Temple B 'Nai Zion as an historic site. In moving to affirm the decision, he invited the Temple to submit plans for expansions that are consistent with the City Code and consistent with the designation of the Temple as an historic site. He said he believes if the structural integrity of the items that are designated as historic are kept intact, this Commission will not have any problems with expansion plans that maintain the structural integrity of the historic items. The designation of the site as historic does not preclude expansion. "A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Affirming the Decision ofthe City's Historic Preservation Board Designating Temple B'nai Zion Located at 200 17Sth Street as an Historic Site; Providing for Severability; Providing for Appeal; Providing for an Effective Date." Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve this resolution. Resolution No. 2010-1597 was adopted by a roll call vote of 4-1 (Commissioner Scholl against) in favor. Vote: Commissioner Brezin ves Commissioner Goodman yes Commissioner Scholl no Vice Mayor Thaler yes Mayor Edelcup ~ 5. ADJOURNMENT Mayor Edelcup adjourned the meeting at 9:40 p.m. . . Respectfully submitted by: (, \,\ Approved by the City Commission on Oct. 14, 2010 ... . '- II "~ ( ~k'~ ~' Jane A. ftiI}eS; <;::Jy1C, Cityql~rk .. ..... " . II Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Jane A. Hines, CMC, City Clerk DATE: 10/14/2010 RE: Summary Minutes for the September 2, 2010 Special City Commission Meeting RECOMMENDATION: Attached for your consideration are the Summary Minutes for the September 2, 2010 Special City Commission Meeting. REASONS: N/A A TT ACHMENTS: . Summary Minutes http://sibagenda.sibfl.net/agenda/Preview.aspx?I temID=3 50&MeetingID=0&MeetingDate... 9/28/20 1 0