HomeMy WebLinkAboutHPB Minutes 2016-0316SUMMARY MINUTES
City of Sunny Isles Beach
Historic Preservation Board Meeting
18070 Collins Avenue, 1 st Floor Meeting Room
Wednesday, March 16, 2016, 6:00 p.m.
1. Call to Order by Chairperson:
Action: Chairperson Ari Steiger called the meeting to order at 6:00 p.m., and each Member
introduced themselves. The following Board Members and City Officials were present:
Committee Members:
Ari Steiger, Chair
Shari Blank
Dione Del Monico
Natalie Minervina
Warren J. Stamm
Steve Trattner (via telephone)
City Officials:
Deputy City Attorney Fernando Amuchastegui
Consultant Ellen J. Uguccioni
City Clerk Jane A. Hines, MMC
City Attorney Hans Ottinot
City Photographer David Gartner
City Liaison:
Planning & Zoning Administrator Claudia Hasbun
Absent:
Maynard Mast (Excused Absence: Conflict HOA Meeting)
2. Approval of Minutes of the September 16, 2015 Historic Preservation Board Meeting.
Action: Shari Blank moved and Warren Stamm seconded a motion to approve the above-
mentioned summary minutes. The motion was approved by a voice vote of 6-0-1
[Maynard Mast absent] in favor.
3. A Presentation/Discussion on "Ethics and the Sunshine Law" by City Attorney Hans Ottinot.
Action: [City Clerk's Note: The "Florida Sunshine Law "presentation outline was distributed
to the members prior to the meeting.] City Attorney Ottinot and Deputy City Attorney
Amuchastegui reported on the "Florida Sunshine Law" as it pertains to the Board members. The
"Ethics" portion and "Public Records" will be discussed at another meeting. City Attorney
Ottinot said the Sunshine Law means that this Board or any member of the Commission cannot
discuss any matter that you intend to vote on outside the public. The meeting must be noticed,
and notice must be reasonable, generally the law requires at least 48 hours. Also, you must have
the City Clerk or someone that can tape minutes. Another requirement, the first thing this Board
did was to approve minutes. Individual members can speak with the Commission but not more
than one member or it is a violation of the Sunshine Law. You can have lunch with each other
but you cannot discuss anything that you may vote on. As an example, there is a potential
property that this Board wants to designate, you can visit that property by yourself but you cannot
visit that property with another member. Another example, bus tours, he would not recommend
that any committee take a bus tour of a potential site because it could be a potential violation of
the Sunshine Law.
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Deputy City Attorney Amuchastegui noted the handout of tonight's presentation and gave some
basic examples of potential violations. On page 6, there are some situations that are applicable to
members of the Commission and Historic Preservation Board members. If you were to prepare a
written report and distribute it amongst yourselves, or if one of the members were to issue a
written report by email and you were to discuss it amongst yourselves, it would trigger the
Sunshine Law. That is why you had an email from the City Clerk a few days ago where she gave
you some of the reports to be discussed tonight and said do not discuss these prior to the meeting
scheduled for tonight. If two or more members of the Board are participating in a telephone
conversation and they are discussing an issue that may foreseeably appear before you as members
of the Historic Preservation Board, it would trigger the Sunshine Law. Now everything is done
by email and so the same rules apply, the same Sunshine Laws concerns are applicable if you are
exchanging emails and in those emails two or more of you are discussing an item that could
foreseeably come before the Historic Preservation Board. Another situation is if you are using
the liaison to the Board as kind of a surrogate to transmit your opinions and to circulate those
with another member of the Board, that would also trigger the Sunshine Law. City Attorney
Ottinot noted it doesn't have to be just the liaison, it could be anyone.
Deputy City Attorney Amuchastegui said there are two more situations in which the Sunshine
Law would apply on pages 7 and 8 of the outline. Again, just like the City Commissioners, you
as members of the Historic Preservation Board are subject to the requirements of the Sunshine
Law. That does not preclude you from interacting with a member of another board, like the City
Advisory Committee, but you just can't interact with another member of the Historic
Preservation Board about any issue that may foreseeably come before you as a member of the
Board. Also, if two or more of you were to appear before a Condo Association where there is a
candidate political forum, you are not precluded from attending it but again you just simply
cannot comment or interact on any issues that would foreseeably come before you. The Sunshine
Law does not prevent you as Board members from having two or more of you appear at a social
event, you just simply cannot discuss any issue that would foreseeably come before you as
members of the Historic Preservation Board.
Deputy City Attorney Amuchastegui said there are penalties for violating the Sunshine Law on
page 12 of the outline, there are criminal and noncriminal violations. For criminal violations, if
knowing it is a violation of the Sunshine Law, that is a second degree misdemeanor and it is
punishable by a term of imprisonment up to 60 days and/or a $500 fine. Noncriminal infractions
would be punishable by a fine of $500. If you as Board members were sued for violations of the
Sunshine Law, it could result in any action taken by you to be void. Somebody who is claiming
a violation of the Sunshine Law could file a lawsuit against you, it could be very expensive to
defend, and that is why we are bringing this Sunshine Law to you to make you aware of these
potential legal ramifications.
4. A Report by Consultant Ellen Uguccioni concerning the Historic Preservation Board
Annual Report to Miami -Dade County.
Action: Consultant Uguccioni reported acknowledging Liaison Claudia Hasbun who is the
Director of Planning and Zoning, compiled the Annual Report. Every year Miami -Dade County
requires every municipality in the County who is not under their specific purview to report on
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what they did over the preceding year. What does that mean not under their purview? When the
County adopted an Ordinance to create the Historic Preservation Board, the County said okay
you can be under us or you can have your own Board. In most cities they began their own
Historic Preservation Board, Coral Gables, Miami, Sunny Isles Beach, and others, Homestead
has one now. They have to report to Kathleen Kauffman, who is the Miami -Dade Preservation
Officer, on what they did the preceding year so that she knows as Director of Historic
Preservation that you are not just in name only, and so these reports in addition to the minutes
tells her what kind of board this is. We had a few things happen this past year, our dear friend
Richard C. Schulman, who was our City Historian and Liaison to the Board, passed away. We
talked about the Fishing Pier. We changed the Ordinance which has not been done in a long time
to include objects as opposed to structured buildings. Now we have something called an object
which can be an artistic sculpture. It has been a very prolific year for the Board. We have had
some good discussions on how you would like to see things done here and some of the far
reaching consequences of what you do here.
5. Status Update on the Proposed Designation of the Sahara Camels and the Two (2) Monaco
Signs.
Action: [City Clerk's Note: Two proposals from sign companies were distributed prior to
the meeting.] City Liaison Hasbun reported on the reports/proposals from two sign
companies, Advanced Multi Sign and Future Sign & Services, to evaluate the restoration of
the two Monaco signs. Both companies said they were too damaged to be restored, however,
they can be duplicated at a cost of up to $9,523.00.
Shari Blank moved and Dione Del Monico seconded a motion to just let the Monaco Signs
go. The motion was approved by a voice vote of 6-0-1 [Maynard Mast absent] in
favor.
Deputy City Attorney Amuchdstegui reported that the current owners of the Sahara Beach
Club are managed by a Board of Directors who, at this time, are opposed to the designation
of the camels. Their belief is that they just want to enjoy the camels as long as they can, and
so it may be advisable to the Board to wait until such time as the title to that property
transfers to the Dezers. Chairperson Steiger said he spoke to Michael Dezer last week who
said they are donating the camels to the City. City Attorney Ottinot said we contacted the
Association and they adamantly opposed designation of the camels. Warren Stamm said
they are not currently under any obligation to keep the camels, and City Attorney Ottinot said
no, not legally. Chairperson Steiger said if we declare them as historic then what, and City
Attorney Ottinot said then it would not be an issue. Shari Blank said if we go to court and
go through the legal process. Chairperson Steiger said we should wait until they donate
them to the City. City Attorney Ottinot said we have a verbal commitment from the Dezers
who have half ownership of the property and so his recommendation is to wait for them.
Steve Trattner said he would have to imagine if they are under contract with the buyer they
are probably not permitted to sell off or give away any of the assets, right? City Attorney
Ottinot said this is a condo buyout issue, and Warren Stamm explained that these are
individual condo units and is subject to the acquisition of the majority of the unit owners
interest in order to designate or donate, and also to terminate the condominium. Under
Florida Statutes Section 718 there are requirements for how much of the ownership has to be
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acquired before the condominium can be terminated, and that is the objective of the owner to
be, and so it is going to take a bit more time.
Shari Blank moved and Dione Del Monico seconded a motion to wait on the camels until
we have ownership clarification. The motion was approved by a voice vote of 6-0-1
[Maynard Mast absent] in favor.
6. Report/Discussion on the "Sunny Isles Beach History Books" by David Gartner.
Action: Photographer David Gartner said the History Books are in pretty good shape, they
are from the City's incorporation in 1997 and he is bringing them up to date. The City has a
television channel, and he was thinking that possibly we could show the History Books on
the channel. It may be very interesting for people to see what has happened since the City's
beginning. Dione Del Monico asked what that would entail to transmit it onto digital?
David said we could video tape them or take pictures by each year. Dione Del Monico asked
if there would be costs that we would have to approve, and he said no he doesn't think there
will be a cost, it would just be part of his j ob. Liaison Hasbun said the Board can direct us to
bring this idea to the City Manager for approval, and it could be a video to be placed on
CATV. David said he is just saying that there are a lot of things in the History Books that
people would enjoy rather than they sit on a shelf and no one seeing them. The Board
thought it was a good idea. City Attorney Ottinot said the Board can make a motion and
probably have David come back to show us what he can do with the Books. Dione asked
David if he would just do across the board everything or would you edit and tape it? David
said he wasn't ready for this tonight because it was just an idea to bring to the Board. Maybe
if we had a slide show, this way we can tape the shots and put it on. Dione said she thinks it
is an interesting idea, and it needs to be refined and lot of details pinned down but she thinks
it is a fine idea to start with.
David Gartner also showed an example of reproducing pictures on a metal board which may
work for the Pier. Chairperson Steiger said we had a motion at the last meeting to put a sign
on the Pier, and that is a good idea. David said you will want to put it under some sort of
protection because these are metal. What he is saying is that it may be good to use metal in
the future on anything that you may be thinking about.
Consultant Uguccioni said she had fun going through the scrap books and they are amazing,
and the way you became your own City is fascinating. There are a lot of newspaper articles
in addition to photographs in the books. Dione Del Monico said rather than trying to post a
whole article, to choose excerpts that are poignant and concise and using that to augment the
photos because she thinks visually people want to see photos more than to read on the
television. The Board asked David to bring one of the History Books to the next meeting.
Shari Blank moved and Dione Del Monico seconded a motion for David Gartner to
explore the idea of putting the City's History Books on the television channel. The
motion was approved by a voice vote of 6-0-1 [Maynard Mast absent] in favor.
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7. Old Business.
None
8. New Business.
None
9. Date and Time of Next Meeting.
• Action: After discussion it was decided to schedule the next meeting on Wednesday, May 18,
2016 at 6:00 p.m.
10. Adjournment.
Action: Shari Blank moved and Warren Stamm seconded a motion to adjourn the meeting, and
Chairperson Steiger adjourned it at 6:30 p.m.
f ,.R&spectfulfy submitted,
AJanfe
May 18, 2016
ines, MMC, City Clerk Date
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