R7F-Call Special Election Eval Criteria For Local Historic Site Designation -LCity of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM: Jose Smith, City Atto
CC:
DATE: July 17, 2013
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA CALLING FOR A SPECIAL ELECTION TO BE HELD
ON TUESDAY, NOVEMBER 5, 2013, FOR THE PURPOSE OF SUBMITTING TO
THE ELECTORATE OF THE CITY OF MIAMI BEACH AN ADVISORY, NON-
BINDING STRAW BALLOT QUESTION ASKING WHETHER THE CITY
COMMISSION SHOULD, WITHOUT OWNER CONSENT, DESIGNATE
INDIVIDUAL SINGLE FAMILY HOMES THAT SATISFY THE CITY CODE'S
EVALUATION CRITERIA FOR LOCAL HISTORIC SITE DESIGNATION.
RECOMMENDATION
If the City Commission wants to place the question before the voters as set forth
in the resolution, it must be adopted before September 13, 2013.
BACKGROUND
On May 8, 2013, pursuant to City Code section 118-591, the City Commission
discussed the Historic Preservation Board's April 9, 2013 action directing staff to
prepare a designation report on 42 Star Island Drive, pursuant to an application
by Miami Design Preservation League ("MDPL") to designate that single family
property as an individual local historic site. A copy of the after-action is attached.
As part of that discussion, and pursuant to a Motion by Commissioner Libbin, the
City Attorney's Office and Administration were requested to draft language for a
ballot question in November 2013, for review by the Land Use and Development
Committee. The proposed ballot language is:
"Should the City Commission, without owner consent, designate individual
single family homes that satisfy the City Code's evaluation criteria for local
historic site designation?"
The Land Use and Development Committee discussed the matter at its June 12,
2013 meeting, and referred the item to the Commission without recommendation.
Commissioner Wolfson at that meeting indicated a desire to sponsor the
resolution at the July 17, 2013 City Commission meeting.
The City Attorney has prepared the appropriate memorandum and resolution for
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Agenda Item R l F
Date 1-tl-13
Commission Memorandum -Straw Ballot -Involuntary Historic Designation
July 17, 2013
Page 2
approval by the City Commission to place the item on the November, 2013 ballot.
According to the City Clerk, approval of a resolution to place such item on the
November, 2013 ballot must occur at the July 17, 2013 City Commission
meeting, unless a special meeting of the City Commission is set thereafter. The
resolution has to be at the County Election Department by September 6, 2013.
ANALYSIS
The Miami Beach City Code currently allows involuntary designation of historic
properties. City Code section 118-591, "Historic designation procedure," allows
requests for designation as follows:
Requests for designation of an individual historic site or district may
be made to the historic preservation board by motion of the board,
the city manager, by resolution of the planning board or city
commission, by any property owner in respect to his own property,
by a majority of property owners of record within a proposed
district, by resolution of the county historic preservation board, or by
resolution of any organization whose purpose is to promote the
preservation of historic sites.
Section 118-591 (a)(1 ), City Code.
The Code presently contains no requirement that the owner of the property for
which designation is sought consent to the initiation of the process, or the
designation itself. Approximately 10 years ago, an expedited process was
established allowing owners of single family homes who sought designation to
accomplish designation through a simple one-hearing process before the Historic
Preservation Board. Involuntary designation involves two or three hearings
before the Historic Preservation Board, one hearing before the Planning Board,
and two hearings before the City Commission. Sections 118-591 (a)(1 ), 118-
593(b) & (c), City Code.
While the authority to designate individual single family homes as local historic
sites without owner consent is provided for in the City Code, it has never been
exercised by the City Commission. This is a central issue in the discussion of the
propriety of designating 42 Star Island Drive, pursuant to the application of
MD PL.
The question has been raised whether owner consent can be required as a
condition precedent to designation. Originally, the Code of Miami-Dade County
prevented the addition of owner consent as a requirement of designation, setting
as a minimum standard County-wide a process for historic designation without
owner consent. In fact, the County sued the City of Miami Beach when it
attempted to adopt an ordinance providing for historic designation with owner
consent, and the City thereafter adopted an ordinance providing for designation
without owner consent. Section 16A-3.1(4)(b) provides:
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Commission Memorandum -Straw Ballot -Involuntary Historic Designation
July 17,2013
Page 3
It is a violation of the m1mmum standards of this Chapter for a
municipal historic preservation ordinance
(1) to exempt an otherwise historic property from historic regulation
or designation on the basis that the owner did not consent to the
regulation or designation;
Subsequently, however, the County amended its Code to provide: "The minimum
standards created in these sub-section [sic] shall not apply to any municipality
that is recognized as a Certified Local Government by the Florida Secretary of
State." As the City of Miami Beach is recognized as a Certified Local
Government by the Florida Secretary of State, the minimum standard in the
Miami-Dade County Code does not prevent Miami Beach from amending its
designation provision to require owner consent, should the voters so advise.
CONCLUSION
If the City Commission desires to place the question before the voters as set
forth in the resolution, it needs to adopt it before September 13, 2013.
~
JS/GMH/s
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After-action May 8, 2013 City of Miami Beach
5:16:06 p.m.
R9G Discussion Regarding A Resolution Pursuant To City Code Section 118-591 Declining To Pursue
The Proposed Designation Of 42 Star Island Drive As A Historic Site.
(Requested by Vice-Mayor Jonah Wolfson)
ACTION: Discussion held. Resolution rejected.
RECOMMENDATIONS:
Referral to the Land Use and Development Committee
Administration to work with the Legal Department to draft language for the November 2013 ballot
Motion# 1:
Motion made by Vice-Mayor Wolfson to deny the proposed request for historic designation of the
property located at 42 Star Island Drive; seconded by Commissioner Tobin; Voice vote: 2-5;
Opposed: Mayor Bower, and Commissioners Exposito, Gongora, Libbin and Weithorn. The
motion failed.
Motion #2:
Motion made by Commissioner Libbin to direct the Administration to work with the City Attorney's
Office and draft language for a ballot question in November 2013, and refer it to the Land Use
and Development Committee; seconded by Commissioner Tobin; Voice vote: 7-0. City
Attorney's Office and Richard Lorber to handle.
Vice-Mayor Wolfson introduced the item, and stated that this is not a fair way of handling this
house, when other similarly situated homes are not being treated the same way. It is not about
whether this house is historic or not; it is about personal likes and dislikes. He is supportive of the
historic designation on the commercial properties. This house is being treated differently than the
other fifteen or sixteen pre-1942 houses that have requested demolition permits. The property
rights of this homeowner are being inhibited because other individuals want to enjoy viewing this
house.
Mayor Bower asked the status of her requested Ordinance to look at incentives for owners of
properties designated historic.
Jorge Gomez, Assistant City Manager, stated that the issue is in the Land Use and Development
Committee.
Discussion held.
Commissioner Tobin stated looking into selecting a group of homes (approximately 100 homes)
that could be designated historic, and see what the financial impact will be for the incentives.
Discussion continued.
5:40:00 p.m.
William Cary, Assistant Planning Department Director, spoke.
Discussion continued.
Motion #1:
Motion made by Vice-Mayor Wolfson to deny the proposed request for historic designation of the
Prepared by the City Clerk's Office Page No. 53
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After-action May 8, 2013
property located at 42 Star Island Drive.
Discussion continued.
Kent Harrison Robbins Esq. spoke.
Charles Urstadt, Planning Board member, spoke.
Nancy Liebman spoke.
Sam Carson spoke.
Actor Valezuzo spoke.
6:12:09 p.m.
City of Miami Beach
Rick Gonzalez, President of REG Architect Inc., and incoming president for the Florida Trust for
Historic Preservation Vice-Chairman for the Florida Historic Preservation, spoke.
Discussion continued.
6:22:43 p.m.
Rick Gonzalez, President of REG Architect Inc. and incoming president for the Florida Trust for
Historic Preservation Vice-Chairman for the Florida Historic Preservation spoke.
Discussion continued.
Cathleen Kauffman, Chief Historic Preservation Officer for Miami Dade County, spoke.
Discussion continued.
Becky Roper Matkov, Executive Director of Miami Dade Heritage Trust, spoke.
Michael Kenner spoke.
Daniel Soraldo spoke.
Carolyn Klepser spoke.
Marina Narvaez spoke.
Sherry Kaplan Roberts spoke.
Alena Wiz spoke.
Daniel Daly spoke
Leonard Hockstein, owner of 42 Star Island Dr., spoke.
Michael Larkin, Esq., representing the owner of 42 Star Island Dr. spoke.
Kent Harrison Robbins Esq. representing the Miami Design Preservation League spoke.
Discussion continued.
Commissioner Tobin asked what action could be taken tonight or next Wednesday to stop the
demolition since there is a loophole in the History Preservation Rule, which states if you have a
pre-1942 home and you want to renovate you go through a process. If you decide not to renovate
and get your plans approved by the Design Review Board, then you are allowed to demolish it.
He is going to vote to let them go forward
Mayor Bower asked William Cary and Jorge Gomez for help on this to come up with some ideas.
She suggested that when a pre-1942 home comes for a demolition permit, it should be sent to the
Historic Preservation Board for review. Richard Lorber to draft proposed ordinance that when
a demolition permit is requested for an architecturally significant home, the matter should
be referred to the Historic Preservation Board.
Prepared by the City Clerk's Office Page No. 54
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After-action May 8, 2013 City of Miami Beach
Commissioner Tobin stated that there are approximately 2000 pre-1942 homes, and a survey
should be done; to look at the homes not in the pipeline for demolition; thereafter get a process
going. Richard Lorber to handle.
Jorge Gomez, Assistant City Manager, stated that the sentiment of the Commission is to slow
down the process of the demolitions so they can evaluate alternatives including the Mayor's
ordinance in the Land and Use and Development Committee.
Discussion continued.
7:16:53 p.m.
Second on Motion # 1
Commissioner Tobin seconded Vice-Mayor Wolfson's motion.
Commissioner Libbin stated that he thinks this should be allowed to go forward and come back
with a recommendation. He suggested having MDPL and everyone interested to get this resolved
and have the City Attorney's Office draft a ballot question for the November 2013 election to see
where the community stand on this issue (involuntary designation of historic homes).
Commissioner Gongora thanked everyone for coming out and stated that he will be voting "no."
He does not agree in cutting short the process. It should go to the Historic Preservation Board
and the Planning Board and come back to the City Commission with a recommendation.
Commissioner Weithorn stated that the problem is not demolishing the homes, but what they are
being replaced with. It is so out of context with the community, that it is a problem for all. Even if
we survey homes, and some are not architecturally significant, if our context is wrong the entire
neighborhood is wrong. Look at changing the guidelines so the context of the community stays.
We would not be here if we did not have mansions. She gave direction to generate guidelines, in
order to preserve the sustainability and character of the City. Richard Lorber to handle.
Discussion continued.
Commissioner Exposito thanked everyone and stated that what makes this City important is its
character. He feels for the Hochstein's, but this needs to move forward and requested the
Administration to look for criteria and incentives. Richard Lorber to draft ordinance relating to
incentives for voluntary historic designation.
Voice vote taken on Motion #1 to stop the process; 2-5: Opposed: Mayor Bower, and
Commissioners Exposito, Gongora, Libbin and Weithorn. The motion failed.
7:27:04 p.m.
Motion# 2:
Motion made by Commissioner Libbin to direct Administration to work with the City Attorney's
Office to draft language for a ballot question in November 2013, and refer to the Land Use and
Development Committee; Voice vote: 7-0. City Attorney's Office and Richard Lorber to
handle.
Handouts or Reference Materials:
1. Letter from John Hildreth, Regional Vice President, National Trust for Historic Preservation, dated
May 8, 2013, RE: 42 Star Island Drive historic designation
2. Email from Jeff Donnelly, jeffdonn@aol.com dated May 7, 2013 RE: Item R9G
3. Miami-Dade County Historic Preservation Board Resolution No. 2013-01 Encouraging The City Of
Miami Beach To Protect Architecturally Significant Single-Family Homes, from Kathleen Slesnick
Prepared by the City Clerk's Office Page No. 55
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After-action May 8, 2013 City of Miami Beach
Kauffman, Historic Preservation Chief.
4. Sign-In Sheet
5. Dade Heritage Trust 'Preservation Today" Discovering Miami Modern Magazine, 2011.
6. Speakers List
8:04:26 p.m.
R9H Discussion Regarding An Update And Status Of The Hibiscus Island RFQ Involving The
Undergrounding Of Overhead Utilities Plus Street And Drainage Improvements.
(Requested by Commissioner Jorge R. Exposito)
ACTION: Discussion held.
Commissioner Exposito stated that the issue was resolved.
Raul Aguila, Deputy City Attorney, stated that he takes responsibility for the delay of this issue
because it is a progressive design contract and it had to be done from scratch. The contract is
now done and revised, and he will give it to Capital Improvement Projects at the end of the week
to issue the RFQ.
David Martinez, CIP Director, stated that once they receive the progressive design contract
established they would like to award it at the July 17 City Commission meeting. The design
criteria package is about 30% plans. The plans are developed and it will take about four months
and he will bring the contract approximately in December. The construction takes about eighteen
months, so we are looking at finishing it by July 2015.
Commissioner Exposito requested a copy of the timeline. Commissioner Exposito was notified
that the timeline was in his Commission Agenda packet.
Commissioner Tobin asked if there is a desire to bury underground the electric lines on Alton
road, from 51h to Seventeenth. Mayor Bower stated that it would be wonderful. Commissioner
Exposito stated that it would be great. Vice-Mayor Wolfson stated it would be great, but it may
delay the project. Direction given to City Manager Morales to look into it. Eric Carpenter and Jay
Fink to handle.
8:00:35 p.m.
R91 Discussion Regarding A Resolution Waiving Space Rental Charges In An Amount Not To Exceed
$7,900.00 At The Colony Theatre For The Film Life Foundation, A Non-Profit Which Is Producing
The American Black Film Festival, For The Festival's Events To Be Held June 19 -23, 2013.
(Requested by Mayor Matti Herrera Bower)
ACTION: Discussion held. Resolution No. 2013-28218 adopted. Motion made by Commissioner
Libbin; seconded by Commissioner Tobin; Voice vote: 5-0; Absent: Vice-Mayor Wolfson and
Commissioner Weithorn. Max Sklar to handle.
TODO:
Develop a policy and criteria for the waiving of fees for Film Festivals. Max Sklar to handle.
Discussion held.
Commissioner Tobin requested the Administration to come up with a policy and criteria.
Prepared by the City Clerk's Office Page No. 56
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RESOLUTION NO.------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA CALLING FOR A SPECIAL ELECTION TO
BE HELD ON TUESDAY, NOVEMBER 5, 2013, FOR THE PURPOSE OF
SUBMITTING TO THE ELECTORATE OF THE CITYOF MIAMI BEACH AN
ADVISORY, NON-BINDING STRAW BALLOT QUESTION ASKING
WHETHER THE CITY COMMISSION SHOULD, WITHOUT OWNER
CONSENT, DESIGNATE INDIVIDUAL SINGLE FAMILY HOMES THAT
SATISFY THE CITY CODE'S EVALUATION CRITERIA FOR LOCAL
HISTORIC SITE DESIGNATION?
WHEREAS, the purpose and intent of this Resolution is to obtain an expression of
elector sentiment with respect to a matter of substantial concern to the electors of the City
of Miami Beach; and
WHEREAS, the governing body of the City of Miami Beach finds that the issue of
whether the City of Miami Beach should, without owner consent, designate individual single
family homes that satisfy the city code's evaluation criteria for local historic site
designation, deserves an advisory, non-binding referendum to assess public support for
this proposition.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT:
SECTION 1.
In accordance with provisions of the Charter of the City of Miami Beach, Florida and
the general laws of the State of Florida, a Special Election is hereby called and directed to
be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday,
November 5, 2013, for the purpose of submitting to the electorate the advisory, non-
binding straw ballot question as set forth hereinafter.
SECTION 2.
That the appropriate and proper Miami-Dade County election officials shall conduct
the said Special Election hereby called, with acceptance of the certification of the results of
said Special Election to be performed by the City Commission. The official returns for each
precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the
ballots from all precincts have been tabulated.
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SECTION 3,
Said voting precincts in the City of said Special Election shall be as established by
the proper and appropriate Miami-Dade County Election Officials. All electors shall vote at
the polling places and the voting precincts in which the official registration books show that
the said electors reside.
SECTION 4.
Registration of persons desiring to vote in the Special Election shall be in
accordance with the general law of the State of Florida governing voter registration.
Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City
Hall, 1700 Convention Center Drive, Miami Beach, Florida 33139, during normal business
hours, and at such other voter registration centers and during such times as may be
provided by the Supervisor of Elections of Miami-Dade County. Each person desiring to
become a registered voter shall be responsible for properly filling out the registration form
and returning it to the Miami-Dade County Elections Office. All questions concerning voter
registration should be directed to the Miami-Dade County Elections Office, 2700 N.W. 8ih
Avenue, Miami, Florida 33172, Telephone 305 499-VOTE (8683).
SECTION 5.
Not less than thirty days' notice of said Special Election shall be given by publication
in a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such
publication shall be made in accordance with the provisions of §50.031 and §100.342,
Florida Statutes, and Section 38-3 of the Code of the City of Miami Beach.
SECTION 6.
The notice of election shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED
BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00A.M. UNTIL 7:00P.M.
ON THE 5TH DAY OF NOVEMBER, 2013, AT WHICH TIME THERE SHALL BE
SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE
CITY OF MIAMI BEACH THE FOLLOWING ADVISORY, NON-BINDING STRAW
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BALLOT QUESTION:
ADVISORY NON-BINDING STRAW BALLOT QUESTION-
INVOLUNTARY HISTORIC DESIGNATION
SHOULD THE CITY COMMISSION, WITHOUT OWNER CONSENT, DESIGNATE
INDIVIDUAL SINGLE FAMILY HOMES THAT SATISFY THE CITY CODE'S
EVALUATION CRITERIA FOR LOCAL HISTORIC SITE DESIGNATION?
_____ YES
_____ NO
SECTION 7.
The official ballot to be used in the Special Election to be held on November 5,
2013, hereby called, shall be in substantially the following form, to-wit:
OFFICIAl BALlOT
ADVISORY, NON-BINDING STRAW BALLOT QUESTION -
INVOLUNTARY HISTORIC DESIGNATION.
SHOULD THE CITY COMMISSION, WITHOUT OWNER CONSENT, DESIGNATE
INDIVIDUAL SINGLE FAMILY HOMES THAT SATISFY THE CITY CODE'S
EVALUATION CRITERIA FOR LOCAL HISTORIC SITE DESIGNATION?
_____ YES
_____ NO
SECTION 8.
Absentee voters participating in said Special Election shall be entitled to cast their
ballots in accordance with the provisions of the laws of the State of Florida with respect to
absentee voting.
SECTION 9.
That the City of Miami Beach shall pay all expenses for conducting this Special
Election and will pay to Miami-Dade County or directly to all persons or firms, upon receipt
of invoice or statement approved by the Supervisor of Elections of Miami-Dade County,
Florida.
SECTION 10.
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If any section, sentence, clause or phrase of the proposed ballot measure is held to
be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall
in no way affect the validity of the remaining portions of said ballot measure.
SECTION 11.
This resolution shall be effective upon its passage.
PASSED and ADOPTED this_ day of _______ , 2013.
MAYOR
ATTEST:
CITY CLERK
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PROPOSED BALLOT TITLE AND BALLOT SUMMARY
NOVEMBER 5, 2013 SPECIAL ELECTION
PROPOSED BALLOT TITLE AND BALLOT SUMMARY:
ADVISORY, NON-BINDING STRAW BALLOT QUESTION -
INVOLUNTARY HISTORIC DESIGNATION.
SHOULD THE CITY COMMISSION, WITHOUT OWNER CONSENT, DESIGNATE
INDIVIDUAL SINGLE FAMILY HOMES THAT SATISFY THE CITY CODE'S
EVALUATION CRITERIA FOR LOCAL HISTORIC SITE DESIGNATION?
____ YES
____ NO
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