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10-21-2002 Regular MeetingMIAMI SHORES VILLAGE HISTORIC PRESERVATION BOARD MEETING The Historic Preservation Board met on Monday, .October 21, 2002 in the Council Chambers of Village Hall. The meeting was called to order at 7:30 PM with the following members present: PRESENT: Maria Temkin Bob Davis Fred Newman William Tenney Steve Zelkowitz ALSO PRESENT: Barbara Fugazzi, CMC, Village Clerk Richard Sarafan, Village Attorney ABSENT: Warren Bittner Martha Anne Collins ACTION ITEMS 1. Minutes — September 23, 2002 Mr. Tenney moved approval of the September 23, 2002 Minutes as submitted. Mr. Newman seconded the motion and the vote was unanimous in favor. 2. Request for Certificate of Appropriateness Address: 940 N.E. 95th Street Applicant: Mr. & Mrs. Barry Kulick Request: House Re -Roofing Following the administration of the oath, Mr. Kulick provided the Board with information regarding his request to re -roof his home and submitted a sample of the composite material to be used. Ms. Fugazzi indicated that she had provided the Board with product information obtained from Miami -Dade County, including the County's product approval code number. Following a brief discussion regarding the original roof material, which was asphalt shingles, and whether the material would be cut down in size to resemble the original asphalt shingling, Mr. Newman moved to approve the Certificate of Appropriateness. Mr. Davis seconded the motion and the vote was unanimous in favor. 3. Discussion regarding setting regular meeting days for future Historic Preservation Board Meetings. Ms. Fugazzi explained her rational for requesting that the Board determine a meeting day for each month and reminded the Board of the previous meeting's discussion. Mr. Zelkowitz moved that from this day forward, Historic Preservation Board Meetings be held on the second Monday of each month except when a Village holiday precludes a Monday Meeting, at which time the Meeting will be held on the second Tuesday of each month. Mr. Tenney seconded the motion. Ms. Fugazzi indicated that if there were no agenda items scheduled for a specific month, she would notify the Board. Ms. Fugazzi stated that conversely, if an application was received that could not wait until the regularly scheduled meeting, she would contac the Board and faaiitate spedal meeting. Ms. Temkin called for the vote trach was unanimous in favor. 4. Proposed changes to the Village's Historic Preservation Code Section Ms. Fugazzi introduced the item and offered background information on why the item is before the Board. Please see the attachment, made a permanent part of the record, for specific information relating to the proposed amendments to the Code. 5. Web. Site Update. Mr. Newman passed out an e-mail response he had received from Mr. Benton relating to the web site. Mr. Newman indicated that as he has been put in charge of an accreditation process for his employer, he will be unable to devote any time to the web site project for at least the next 3 -4 months. Mr. Sarafan took this opportunity to review, for the benefit of the new members as well as those Board Members in attendance, their responsibilities as they relate to the Sunshine Laws and disdosure issues. Numerous questions were raised and various scenarios outlined. Mr. Sarafan responded. ,AD3OURNMENT The October 21, 2002 Historic Preservation Board Meeting was adjoumed at 9:42 PM. Maria Temkin, Vice Chair Barbara A. Fugazzi, CMC Village Clerk ORDINANCE NO. AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, MIAMI SHORES VILLAGE, FLORIDA AMENDING CHAPTER 11 OF THE MIAMI SHORES VILLAGE CODE OF ORDINANCES, RELATING TO THE HISTORIC PRESERVATION BOARD, ITS COMPOSITION,. JURISDICTION, MEETINGS, AND RESPONSIBILITIES, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Shores Village Council recently requested that the Village Attorney, Village Manager and Village Clerk review the Historic Preservation section of the Village Code; and WHEREAS, a review of Chapter 11 of the Miami Shores Village Code of Ordinances which addresses the Historic Preservation interests of the Village has been conducted; and WHERERAS, a number of procedural and administrative changes to the existing language would simplify and clarify the Board's meeting times, duties, responsibilities, and the appeal process; and WHEREAS, it is in the best interests of the Village to amend Chapter 11 of the Code of Ordinances; NOW, THEREFORE, BE IT ORDAINED by the Village Council of Miami Shores Village that: Section 1. That Sections 11-4 (a) (d) and (f); 11-5 (b)(1) and (d); 11-6; 11-7 (a)(1)(2)(3); 11-9; and 11-10(b) of Chapter 11 of the Miami Shores Village Code of Ordinances be amended, and that Section 11-7 (b) be amended and renumbered to read as follows: 11-4. (a) Established, composition. The historic preservation board is hereby established and shall consist of seven members appointed by the village council. All members of the board shall be familiar with the purposes of preserving and protecting structures and sites having architectural and. historic worth. (Initial appointments to the board of the sixth and seventh members shall be one member for a one year term and one member for a two year term. Subsequently,) All appointments shall be for two years. A member may be reappointed to the board. The village manager shall appoint a secretary to the board. Each member shall hold office until his or her successor has been duly appointed, except when removed by the village council, and any member may be removed at any time by a majority vote of the village council. Mr. Newman moved approval of the proposed amendments to Section 11-4 (a). Mr. Davis seconded the motion and the vote was unanimous in favor. Type in Bold Print = Deleted Text Underlined Type = Added Text 11-4. (d) Jurisdiction. The board's jurisdiction shall be limited to the village. The board shall be concerned with those elements of change, rehabilitation and/or preservation that affect the quality of the Village. No individuals or organizations shall designate or cause to designate structures or sites within the village without pertinent data being submitted to and approved by the historic preservation board and the village council. The board shall not consider detailed design, interior arrangements or building features not subject to public view, nor shall they make any requirements except for the purpose of preventing development or demolition obviously incongruous to the surroundings. The board shall, on behalf of the village, and with the approval of the council, be responsible for the receipt and custody of donations of property and artifacts. In the event a historically designated property is the subject of action taken by another village board or department, rulings by the historic preservation board shall be considered advisory to the other board or department, and the citing board or department shall consider the historic preservation board's recommendations in their deliberations. Nothing contained herein impairs the requirements of Section 11-6. Following a discussion regarding the intent of the new paragraph and a suggestion to include clarifying language, Mr. Zelkowitz moved approval of the insertion as amended. Mr. Newman seconded the motion and the vote was unanimous in favor. The above text incorporates the amendment to the insertion. 11-4. (f) Meetings. The historic preservation board shall meet (quarterly, and in addition, shall meet in accordance with section 11-7 of this chapter after the receipt by the board of an application for a certificate of appropriateness to demolish, remove or repair in any way make alteration to a building designated as a historic landmark in whole or in part.) once a month at such time that the board may determine. A quorum shall consist of four members of the board and at least four members must vote in favor of an action to be official. The board shall adopt rules for the transaction of its business and consideration of applications not inconsistent herewith (which shall provide for the time and place of regular meetings and for the calling of special meetings). All the meetings of the board shall be open to the public, and a public record shall be kept of the board's resolutions, proceedings and actions. Ms. Fugazzi stated that the proposed amendments to Section 11-4 (f) constituted housekeeping amendments based on the Board's earlier action to set a scheduled monthly meeting. Mr. Newman moved to approve the first change within the paragraph. Mr. Zelkowitz seconded the motion and the vote was unanimous in favor. Mr. Zelkowitz moved to approve the second change within the paragraph. Mr. Davis seconded the motion and the vote was unanimous in favor. 11-5. (b)(1) Nomination initiated by properly owner/owners: Any property owner/owners who feel his/their property has historic significance may submit the property and available documentation to the board for consideration. Type in Bold Print = Deleted Text Underlined Type = Added Text 11-5. (d) Action following council approval. After the village council has approved the designation, and with the consent of the property owner/owners, a covenant to run with the land will be duly recorded by the village in the public records of (Metropolitan) Miami -Dade County. The council shall issue a certificate of recognition to the property owner/owners describing the historic landmark and describing its significance. Ms. Fugazzi indicated that she considered the proposed changes to Section 11-5 as Scribner's corrections and therefore they did not need to be voted upon. 11-6. Effect of historic landmark designation. No structure or site that is designated by the village council as a historic landmark or building within a designated historic district may be demolished, moved (or changed) or altered in the exterior appearance, (by addition, reconstruction, alteration or maintenance) or by removal of or destruction of trees located on the site until an application for a certificate of appropriateness has been submitted to the historic preservation board and has been approved by that board, or the village council on appeal. A lengthy discussion took place amongst the Board Members, Ms. Fugazzi, and Mr. Sarafan, where it was pointed out that the language change would broaden the scope of the Board's ability to act on matters rather than restrict it. Additionally, the Board clarified their intention to have properties seek approval for re -painting their homes, even if the colors were the same as previously approved. Following these discussions, Mr. Zelkowitz moved approval of the proposed amendment. Mr. Newman seconded the motion and the vote was 4 to 1 with Ms. Temkin opposing. 11-7. (a)(1) Preapplication review: Prior to the preparation of working drawings and specifications or calling for proposals or bids from contractors, owners or agents (shall) may prepare preliminary scale drawings and outline specifications for review and informal discussion with the historic preservation board. The purpose of this review (shall be) is to acquaint the contractor, owner or agent with standards of appropriateness of design that are required in the proposed change in a historic landmark or building. Ms. Fugazzi stated that the changes were proposed to eliminate the requirement, but allow for a choice, as to whether or not an applicant prepares scale drawings and outline specifications for review by the Board prior to the preparation of working drawings, as the procedure is not currently being followed. Ms. Fugazzi confirmed that an applicant can request a review by the Board prior to formally submitting a request for a certificate of appropriateness. Mr. Zelkowitz suggested a change to have phrases reflect the same wording, i.e. contractors, owner or agent. Mr. Newman moved approval of the changes to Section 11-7(a)(1). Mr. Zelkowitz seconded the motion and the vote was unanimous in favor. Type in Bold Print = Deleted Text Underlined Type = Added Text 11-7. (a)(2) Filing applications: (After the preapplication review,) Any person desiring a certificate of appropriateness to be issued by the historic preservation board, as required hereby, shall file an application with the (building and zoning department) Clerk's Office in writing on a form furnished by that department. Each such application) When combined with the building permit application, the submitted paperwork shall describe the property address on which the proposed work is to be done; shall show the use or occupancy of the building; shall be accompanied by plans and specifications as required; shall state the value of the proposed work; shall give such other information as reasonably may be required by the building and/or zoning department; and shall be signed by the applicant or any authorized agent, who may be required to submit evidence to indicate such authority. Ms. Fugazzi stated that the changes reflect the actual procedures being followed. Mr. Zelkowitz moved approval of the proposed change to Section 11-7(a)(2). Mr. Newman seconded the motion and the vote was unanimous in favor. 11-7. (a)(3) Action on applications: The (building and zoning department) village clerk, or the clerk's designee shall transmit the application for a certificate of appropriateness together with the supporting information and material to the historic preservation board for action. (The board shall act upon the application within ten working days after receipt by the secretary of the board. Nothing in this section shall prohibit an extension of time where mutual agreement has been made and the board may advise the applicant and make recommendations in regard to the appropriateness of the application.) If the board approves the application, a certificate of appropriateness shall be issued. If the certificate of appropriateness is issued, the application shall be processed in the same manner as applications for building or demolition permits. There shall be a delay of (14) 10 working days between the board granting of a certificate of appropriateness and the commencement of any work on the site in order to provide time for an appeal in accordance with section 11-10. If the board disapproves the application, a certificate of appropriateness shall not be issued. An appeal of the board's decision may be made to the village council by the property owner in accordance with section 11-10. Ms. Fugazzi indicated that the deletion of the criteria to hold a meeting within 10 days of receiving an application was proposed due to the setting of a monthly meeting date. Subsequent discussion centered around the change in the number of days before any work is allowed to begin after the certificate of appropriateness is approved and the belief that the number of days should be the same for this portion of Code and the number of days an individual has to appeal a Board decision. Each Board member offered their opinion and a compromise was reached to change the number to ten working days. Mr. Newman moved approval to the changes suggested in Section 11-7 (a)(3). Mr. Zelkowitz seconded the motion and the vote was unanimous in favor. Type in Bold Print = Deleted Text Underlined Type = Added Text 11.7. (b) Demolition of buildings on landmark inventory. ((1) Whenever an owners shows that a property classified as having historic significance is incapable of earning an economic return on its value, as determined by a qualified source, and the board of review does not approve the issuance of a certificate of appropriateness, the owner shall be notified of his right to appeal under section 11-10. If the village council upholds the appeal the provisions of this section shall apply.) (1) For any building that is approved to be demolished, before a demolition permit is issued there will be a delay of 180 days to permit the notice action described in paragraph (2) of this subsection. (2) A notice shall be posted by the village on the premises of the building or structure proposed for demolition in a location clearly visible from the street. This notice must remain posted during the notification period and it shall be unlawful to remove same, other than by the village. In addition, the village shall publish a legal notice in a newspaper of general circulation, at least three times prior to demolition, a first notice of which shall not be more than 15 days after the date of the application for a permit is filed and the final notice of which shall be published no less than 15 days prior to the expiration date of the notification period.) ten days following the approval of the certificate of appropriateness authorizing demolition of the historically designated property. The purpose of this procedure is to further the purposes of this chapter by preserving significant buildings which are important to the education, culture, tradition, aesthetics and economic values of the village, and to afford the village, interested parties, historical societies or organizations the opportunity to acquire or to arrange for the preservation of such structures and sites. Ms. Fugazzi clarified that the text currently contained in 11-7(b)(1) would be eliminated and paragraph (b)(2) would be renumbered as (b)(1) and paragraph (b)(3) would be renumbered as (b)(2). Mr. Sarafan and Ms. Fugazzi stated the reason for deleting the text contained in (b)(1) as it was not clear nor meaningful. Additionally, the rational for minimizing the notice requirements was discussed. Mr. Zelkowitz suggested a small change which improved the sentence structure of the language addition. Mr. Newman moved approval of the proposed changes to the paragraphs contained within Section 11-7 (b). Mr. Zelkowitz seconded the motion and the vote was unanimous in favor. Type in Bold Print = Deleted Text Underlined Type = Added Text 11.9 Maintenance of designated properties. Nothing in this chapter shall be construed to prevent the cleaning, ordinary repairs or maintenance of any exterior elements of any building or structure which does not involve a change of design, appearance or material, and which does not require a building permit. Mr. Sarafan stated the reason for adding cleaning to the language, and indicated that ordinary repairs and maintenance are defined in the definition portion of the Chapter and no changes are suggested to the definitions. Mr. Sarafan also reviewed the issue that if a property owner comes to the Village Hall to obtain a building permit and the home is historically designated, the home owner will be directed to see Ms. Fugazzi who will advise them of the requirement to seek approval before the Board if warranted. If a building permit is not required for the work (i.e. cleaning or ordinary repairs or maintenance), then the home owner would not need to obtain a certificate of appropriateness. Mr. Zelkowitz moved approval the amendment to Section 11-9. Mr. Tenney seconded the motion and the vote was unanimous in favor. 11.10 Appeals (a) An appeal from any decision of the historic preservation board upon any matter initiated before such board may be taken to the village council by any citizen or property owner in the village who is aggrieved by such decision, or by any officer of the village. Any person desiring to appeal a decision of the board, shall, within (14) 10 working days from the date of such a decision, except when the appeal is of a demolition order, which shall be filed within twenty working days, file a written notice of appeal with the village clerk, (whose duty is shall become to) who shall then send a written notice of such appeal to all persons previously notified by the historic preservation board on the subject property. The matter shall then be heard by the village council at its next meeting, provided at least ten days have intervened between the time of the filing of the notice of appeal and the date of such meeting. If ten days shall not intervene between the time of the filing of the notice and the date of the next meeting, then the appeal shall be head at the next following regular meeting of the. village council. Ms. Fugazzi explained the changes to Section 11-10 (a) which are made to reflect the amendments to previous sections of the Chapter. Additionally, the number of days allowed to file an appeal was changed to reflect the same number of required days to elapse between the approval of a certificate of appropriateness and beginning any work. Mr. Zelkowitz moved approval of the amendments to Section 11-10 (a). Mr. Newman seconded the motion and the vote was unanimous in favor. Type in Bold Print = Deleted Text Underlined Type = Added Text (b) (A notice of such appeal shall be published one time in a newspaper of general circulation in the village). An appeal will stay all proceedings in the matter appealed from until the final disposition of the appeal by the village council. Any appeal from a decision of the historic preservationboard shall not be granted by the village council except by the affirmative vote of a simple majority of the members of the council. Ms. Fugazzi offered her reasons for proposing to delete the requirement to advertise an appeal in a newspaper. Board Members offered their opinions on whether or not this requirement should be deleted. Mr. Sarafan reminded the Board that when an issue is appealed before the Council, the Council is to rely on the previous testimony heard, not new evidence. Therefore, people cannot appear at the appeal hearing and be heard if they had not already been on the record as a witness. In Mr. Sarafan's opinion, a notice of the appeal in the newspaper is not warranted. There was a lengthy discussion regarding this proposed amendment and various other ways to notice an appeal. Subsequent to the discussion, Mr. Newman moved to approve the deletion. Mr. Davis seconded the motion and the vote was 4 to 1 with Ms. Temkin dissenting. Section 2. All ordinances or parts of ordinances in conflict herewith or inconsistent herewith are hereby repealed, but only insofar as such ordinances may be inconsistent or in conflict with this Ordinance. Section 3. If any section, sentence, cause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this Ordinance, which shall be deemed to be severable therefrom. Section 4. This Ordinance shall become effective immediately upon its adoption on second reading. Passed on first reading this day of , 2002. Passed and adopted on second and final reading this day of 2002. Al Davis, Mayor Type in Bold Print = Deleted Text Underlined Type = Added Text ATTEST: Barbara A. Fugazzi, CMC Village Clerk APPROVED AS TO FORM: Richard Sarafan Village Attomey