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06.14.01Historic Preservation Board Meeting Notice and Agenda Date: June 14, 2001 Location: Sanford City Hall City Commission Chambers 300 North Park Avenue Sanford, Florida 32771 Time: 5:00 D.m. 1. Call to Order 2. Roll Call - excused and unexcused absences 3. Presentation by William Colbert, City Attorney 4. Approval of Minutes: April 12 & May 10 5. Applications for Certificates of Appropriateness — Commercial 215 S. Oak Ave. Install 6" tall decorative cast iron fence 6. Applications for Certificates of Appropriateness — Residential 400 S. Palmetto Avenue (Con't. from 5/10/01) Replace windows 1119 S. Myrtle Avenue (Con't. from 5/10/01) Install front brick walkway 213 Laurel Ave. Install vinyl siding and vinyl windows; install staircases 419 Park Ave. Install aluminum decorative fence 500 Oak Ave. Renew C of A; add roofing; shutters; fascia; paint 310 S. Magnolia Ave. Return for final approval of windows (4/12/01 preliminary approval); Install screen doors and window screens, etc. 7. Minor Reviews 8. Adjournment ADVICE TO THE PUBLIC If a person decides to appeal a decision made with respect to any matter considered at the above meeting or hearing, he /she may need a verbatim record of the proceedings, including the testimony and evidence, which record is not provided by the City of Sanford (FS 286.0105). Persons with disabilities needing assistance to participate in any of these proceedings should contact the Personnel Office ADA Coordinator at 407 - 330 -5626, no later than 48 hours in advance of the meeting. MINUTES HISTORIC PRESERVATION BOARD MEETING OF JUNE 14, 2001 5:00 P.M. CITY COMMISSION CHAMBERS CITY HALL, SANFORD, FLORIDA MEMBERS PRESENT: Melanie Winternheimer Alexander Then Mary Valente Fred Rogers Bob Kuhn Claudia Webber Stephen Myers Marveen Kelly MEMBERS ABSENT: Kenneth Lowe Barbara Farrell- excused Scott Singeisen OTHERS PRESENT: Antonia Gerli, Staff Liaison Russ Gibson, Land Development Manager Mr. Rogers called the meeting to order at 5:00 P.M. Presentation by William Colbert, City Attorney. Mr. Colbert stated that the duties of the Historic Preservation Board are found in the Land Development Regulations. The HPB powers and duties are outlined in Section 3.3. One thing that the HPB is empowered to do is to hear applications for Certificates of Appropriateness. In this section there is a procedure that the ordinance outlines for the HPB to determine whether or not to issue a C of A., found in Section G. If the determination of a Certificate of Appropriateness is not to be issued, the Board shall place on the record, through the Minutes, the reasons for such determination. This has some legal implications. All actions are done as public meetings, all governed by Government in Sunshine, and everything done is a public record. Mr. Colbert touched on what the courts have been saying in the past 3 to 5 years about public hearings, the way things are presented and why some courts are over turning some decisions of city commissions and boards appointed by city commissions. He stated that the Courts have begun to make things more restrictive about discretions of any boards or city commissions that are appointed. The courts have determined that in a series of cases of public hearings and of decisions that are made need to meet the essential requirements of the law, they need to be conducted in some orderly manner. Rules of civil procedures do not have to be followed but there are some essential requirements that the courts have said need to be followed. The courts say that due process needs to be followed so that all applicants are treated the same and the applicant has to have the opportunity to be heard. Minimal due process means that everybody has the opportunity to present evidence. The courts have said that if a Board does not consider the evidence, and if that Board makes decisions without giving the public an opportunity to be heard or if a decision is made in a way that does not afford equal opportunity for MINUTES HISTORIC PRESERVATION BOARD MEETING OF JUNE 14, 2001 PAGE 2 everybody to be governed by the same standards, the courts use the terms arbitrary and capricious. To a lawyer, defending the City, means we lose. Everybody needs to be treated by the same basis and the decisions need to be consistent. Mr. Colbert stated that this Board is governed by Government in the Sunshine. This means that there can't be any communication between two members of the same body about matters which could conceivably come before them for decisions without being made in the public, at a public meeting. That public meeting needs to be noticed and minutes need to be kept of that public meeting. What a board can't do is two members talk about things which will come before them. If this occurs and can be proven, any decision that is made is void. This includes other ways of communication: a telephone conversation, memos, e -mail, using a conduit - talking to a member of the staff and asking that staff member or anybody to talk to a board member and get information back and forth. If it is proven that these types of communications occur about matters that would come before a board for decisions, it is a violation of the Sunshine Law, and any decision made as a result of that is void. Mr. Colbert stated that another thing that people seems to get confused about is if they can talk to somebody on another board. The answer is yes. You can talk to a City Commissioner about something on your agenda or on the City Commission agenda. You can talk to other people but you can't talk amongst yourselves about things which would come before you forseeably for a decision. Regarding the Public Records Law, Mr. Colbert stated that as members of a body of the City, contact is made with public records. Most of the time City Staff supplies these records. If you get a packet of information from City Staff, you can review it and when you are through with it you can toss it away because Staff has the original documents. But where you need to be careful is if you get a letter from a citizen about matters that will be on the agenda, if that letter comes to you, this is a public record. What you need to do with it is preserve it, bring it in and turn it into Staff. If you receive an e -mail from a citizen about something on the agenda this is a public record, even if it comes to your office, you need to print it out, bring it into City Staff. The concept of ex -parte communication come under fire. Ex -parte communication is something that is communicated to you about a matter which will come before you for a decision when it is communicated outside of a public meeting. Sometimes citizens come up and talk to a board member about something on the agenda, that in and of itself is not bad. If someone talks to a board member, as a citizen, about something that will come before that member for a decision, the member should announce it at the meeting. All the board member needs to do is disclose. If it is not disclosed, and it's proven that there was an ex -parte communication, the Court Judge will reverse whatever the decision that was made. Be conscious about ex -parte communications. If you receive them, disclose them. Be sure that decisions are made in accordance with the requirements of the law based on the evidence. Mr. Colbert stated that it is not a problem to look at a site, it is not a problem to have somebody talk to you about it, it is a problem if it is not disclosed, and it is a problem if a decision is made based on things that are not presented in the meeting but based on things that are learned outside. Ms. Webber moved to approve the Minutes of April 12 and May 10, 2001 as circulated. Seconded by Mr. Then. All in favor. Motion carried. MINUTES HISTORIC PRESERVATION BOARD MEETING OF JUNE 14, 2001 PAGF, 3 Application for Certificate of Appropriateness: 215 S. Oak Avenue - Install 6' tall decorative cast iron fence. John Robbins, president of the company that owns the property at 215 S. Oak, represented this request. He stated that the allowable fence is 4' in height and that he is asking to put in a 6' cast iron fence along the two sides. The fence will be set in concrete Mr. Then moved to deny based on the proposed fence is too high and it does not comply with the codes. Seconded by Ms. Winternheimer. All in favor. Motion carried. Certificate of Appropriateness: 1119 S. Myrtle Avenue - Install front brick walkway. Marveen Kelly, 1119 S. Myrtle, stated that she is applying for a free form brick and concrete walkway from the front door out to the street. Mr. Myers moved to approve the application for appropriateness regarding a brick walkway in front of the property of 1119 S. Myrtle. Seconded by Mr. Then. All in favor. Motion carried. Certificate of Appropriateness: 213 Laurel Avenue - Install vinyl siding and vinyl windows; install staircases. Claudette Briggle represented the request. She is requesting to install vinyl siding over existing wood siding, to install all new vinyl windows with pane dividers; and to re -do both wooden stair cases with center landings. Ms. Winternheimer moved to approve the vinyl siding over the existing wood. Seconded by Ms. Webber. All in favor. Motion carried. Ms. Valente moved to table the request for new vinyl windows and the rebuilding of the wooden stairs in a different configuration until more detailed information and drawings are provided. Seconded by Mr. Myers. All in favor. Motion carried. Certificate of Appropriateness: 419 Park Avenue - Install aluminum decorative fence. Carol Reed requested to install a 54" fence at the corner of Magnolia and 5 th Street. Monday through Friday it will be a play area but on the weekends it will still be a parking area with two double gates. Mr. Kuhn moved for approval. Seconded by Mr. Rogers. All in favor. Motion carried. Certificate of Appropriateness: 500 Oak Avenue - Renew C of A; add roofing, shutters, fascia and paint. The representative stated that he would like to change the original Certificate of Appropriateness. He requested to install aluminum gutters with hardiplank over the aluminum. The aluminum will not be seen. He will be repairing the windows. It is easier to fix them because of the size of some of the windows. He has contacted a company that does hardware for windows and they will be sending him a sample of a chain that will maintain the weights. He would like to change the paint. He is ready to paint the front and the side of this building. It will have a white fascia, white gutters, columns, railing, lattice, and a sold white 1x12 that runs across the top. The rest of the building will be a cream color. He stated that he has replaced the two side doors of the building of the fire escapes. He replaced them with 6 panel solid wood doors. The two windows on the alley will need to be replaced and he is having two manufactured using cypress materials with j am liners that will match the windows that are already there. Screens will be remanufactured with full screens replacing half screens on the larger windows, bronze in color. MINUTES HISTORIC PRESERVATION BOARD MEETING OF JUNE 14, 2001 PA(TF a Mr. Kuhn moved for approval. Seconded by Mr. Then. All in favor. Motion carried. Certificate of Appropriateness: 310 S. Magnolia Avenue - Return for final approval of windows; install screen doors and window screens, etc. Mr. Kuhn moved to table the enclosure of the hot water heater until more information as to the floor plan is provided. Seconded by Ms. Winternheimer. All in favor. Motion carried. Mr. Then moved to approve the replacement of side windows to match the existing styles of the windows, original and wood. Seconded by Mr. Kuhn. All in favor. Motion carried. Ms. Kelly moved to approve the removal of the window by the hot water heater and temporarily seal the hole with appropriate material. Seconded by Mr. Then. All in favor. Motion carried. Mr. Myers moved to approve wood frame screens and screen doors. Seconded by Ms. Kelly. All in favor. Motion carried. The request for approval of the rails will be presented at a later date. Presentation by Barbara Bauman - see attached. There being no further business, the meeting adjourned at 8:30P.M.