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Minutes 09-12-11 MINUTES OF THE HISTORIC RESOURCES PRESERVATION BOARD MEETING HELD ON MONDAY, SEPTEMBER 12, 2011 AT 6:30 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Eric Jones, Chair Warren Adams, Historic Resource Dr. Ginger Pederson, Vice Chair Preservation Planner Michelle Dion Paul Gionfriddo Linda Stabile Harvey Rosenblum, Alternate Barbara Ready, Alternate Eric Salomonsson ABSENT: Christiane Francois Eric Salor -ssen Warren Adams, Historic Preservation Planner, opened the meeting at 6:30 p.m. and thanked all for attending the first meeting of the Historic Resources Preservation Board. He commented there were some organizational items to discuss and members of the Boynton Beach Historical Society were present. Mr. Adams explained there was an agenda prepared and a presentation would be made. There would be time for questions and answers, as the program was a brand new program. It was important to acknowledge the Board and Historic Preservation program was due to the support of the City Commission and Mayor, and the Ad Hoc Committee worked for two years on the endeavor. 1. Pledge of Allegiance The mew recited the Pledge of Allegiance to the Flag. Voncile Smith, President of the Historical Society, commented this was a big moment for the Historical Society. They were very grateful to the City Commission that they understand the value of historic preservation. Several members of the Society were present, and she thanked the members who attended the meeting. She commented the meeting ,should be enlightening. Mr. Adams, the City Commission, and all the applauded. who worked to bring the Ordinance into exist ence were pp Lauded. 2. Introduction of the Board Self- introductions were made with the above members noted as present. 1 Meeting Minutes Historic Resources Preservation Board Boynton Beach, FL September 12, 2011 Jacob Horowitz, Assistant City Attorney, explained there are eight members on the dais with seven regular members and two alternates. Typically, there would only be seven regular members on the dais and there would never be more than seven voting members on anyone item. Alternates could vote when filling the seat of a regular member. Any member of the Board could nominate any other permanent member to serve as Chair and he suggested nominations be made by motion. Once a vote was taken, the first person to receive the majority vote would be come the Chair. If there were multiple nominations, there may be opportunities for the nominees to speak in support of their position. Motion Ms. Stabile nominated Mr. Jones as Chair of the Historic Resources Preservation Board. Mr. Gionfriddo seconded the motion. There were no other nominations. Vote The motion was unanimously passed. Chair Jones opened the floor to nominations for Vice Chair. Motion Ms. Stabile nominated Ginger Pederson as Vice Chair of the Historic Resources Preservation Board. Ms. Dion seconded the motion. There were no other nominations. Votes The motion unanimously passed. Attorney Horowitz commented there was a brief presentation on the Sunshine Law, the Florida Public Records Law, and general ethics matters. These were procedural issues that would affect the Board. There was agreement to defer the presentations to the end of the meeting. 3. Agenda Approval There was no action taken on this item. 2 Meeting Minutes Historic Resources Preservation Board Boynton Beach, FL September 12, 2011 4. Approval of Minutes: None 5. Communications and Announcements: None 6. Old Business: None 7. New Business: Rules of Procedure & Bylaws This item was discussed later in the meeting. Election of Chair and Vice Chair This item was previously addressed. 8. Other "An Introduction to the Boynton Beach Historic Preservation Program" Mr. Adams explained there could be misunderstandings about historic preservation. Some individuals think it restricts what could be done with one's property and this was a misnomer. The presentation would foster an understanding of historic preservation and its proven benefit. Mr. Adams reviewed his extensive background in Historic Preservation, including his education and experience both in Scotland and the United States. His background provided him with the perspective of a developer, builder, preservationist, and the ability to serve for the benefit of the property. He had worked for the Cities of Delray Beach, West Palm Beach, and Dania Beach. He was the Director for the Broward Trust for Historic Preservation, Historic Scotland, English Heritage, National Trust for Scotland, and the Heritage Lottery Fund. Through his experience, he surveyed properties, worked on designation applications and design guidelines, regenerated historic preservation properties, converted buildings for low-income housing, developed historic district surveys, relocated buildings, obtained grants, and worked in building archeology. Highlights of the presentation revealed historic preservation spurs economic development and growth. There is financial assistance available from the State, the National Trust, the Boynton Beach Historical Society, and tax credits. Homeowners improving their properties can receive a tax exemption for the value of the improvements for up to 10 years. It increases the desirability of and pride in neighborhoods, and helps to maintain and/or increase the value of the properties. It stimulates tax revenue, job creation as it is labor intensive, educates the public, fosters an appreciation of diverse architectural styles, and helps revitalize downtown areas. 3 Meeting Minutes Historic Resources Preservation Board Boynton Beach, FL September 12, 2011 Historic preservation can also promote tourism. There are savings associated with the re-use of structures versus new builds. It supports green initiatives, encourages better design, and assists with business recruitment. It also can reduce crime. The information was taken from a 2010 study entitled "Economic Benefits of Historic Preservation", which is available for viewing on the Division of Historic Resources website. In Florida, historic preservation created over 111,000 jobs. Federal, State, and local tax collections from historic preservation were an estimated $1.38 billion in 2007 to 2008, and about $2 billion was spent on rehabilitation of historic properties from 2005 to 2008. The annual total impact of historic preservation was approximately $6.6 billion. Mr. Adams listed the accomplishments made by the City in Historic Preservation. Two years ago, an Ad Hoc Committee was established. They made recommendations to the City how the program could progress. Grant funding was obtained to produce three educational brochures. The funding came from the National Trust with matching funds from the Boynton Beach Historical Society. One brochure was completed and the other two went to print and would be mailed out to 1,500 homes, as well as placed in City buildings. Public service announcements, extolling the benefits of historic preservation were produced. A Historic Preservation Ordinance was adopted, a Historic Resources Preservation Board established, and a Historic Preservation Planner hired. The design guidelines were underway detailing the best practices for repairing historic properties and constructing new buildings in historic areas. The City was applying for Certified Local Government (CLG) status. Once approved, the City could make decisions on its own regarding its Ordinance, National Register applications, and it would open up available funds and extra funds available to CLG communities. The Division of Historic Resources was reviewing the City's Ordinance and proposed Rules of Procedure for the Board. Once their review was complete, the City could make applicable changes and the application would be submitted. Once submitted, the City could start applying for grants. When grant funds were available and the City completed the CLG process, they should be funded. The program would start with Mr. Adams conducting a review of properties 50 years old or older. Only those properties deserving of a designation would receive the designation with the owners' permission. He emphasized nothing would ever take place without the owner's consent. Once the properties were surveyed, he would update the Florida Master Site File, which is a database of significant properties in Florida. Properties included in the database did not automatically make the structure a historic property. It was a Property of Interest. Mr. Adams would identify significant resources and which of the properties surveyed may on their own merit, be designated as a historic property. He would identify potential grants, and he stated the next funding cycle for State grants was upon them. He would continue with the educational program. 4 Meeting Minutes Historic Resources Preservation Board Boynton Beach, FL September 12, 2011 The brochures were only one part of the educational process. The meetings are another part, and they would be open to the public. He would be making presentations on a regular basis, so the public can attend and know where the Board is in the process. Mr. Adams suggested the adopted Historic Preservation Ordinance be reviewed. The purpose and intent of the Ordinance was to, "preserve, protect, enhance, and perpetuate resources which represent distinctive and significant elements of the City's historical, cultural, social, economic, political, archeological, and architectural identity, strengthen civic pride, contribute to the stabilization of the economy of the City, promote the use of resources for education, pleasure, and welfare for the people of the City." There is a section of terms and definitions. Historic Districts must have 50% of the structures be 50 years or older, and they must have a reason to be designated. They must be associated with the events or lives of significant persons in the past, have a distinct characteristic of a type, period, or method of construction, represent the work of a master or possess high artistic value, or represent a significant and distinguishable entity whose components may lack individual distinction, or yield or were likely to yield important information. Once the survey was finished, they would complete the Boynton Beach Register of Historic Places. Currently, there are two properties on the National Register, which are the Schoolhouse Children's Museum and the Woman's Club. They would automatically be placed on the Boynton Beach Register of Historic Places, and anytime something is designated as significant, it would be added to the register which will be maintained and updated. The Ordinance allows for a historic designation to be removed by the City Commission based on a recommendation by the Board. It could be because the structure has fallen into disrepair. The Ordinance also outlined the building should be maintained. There were no prohibitions against the ordinary repair of exterior elements, and the Board would work with the homeowner for replacement. There was an application to do so which would be expedited. Appropriate alterations for basic repairs would be processed quickly. Owners of historic structures and homes in historic districts who want to work on their properties would submit an application to the Board. Straightforward repairs and minor alterations would be reviewed on the staff level. Additions to the building would be undertaken by the Board. Mr. Adams would prepare a report on the proposed alteration, make a recommendation to the Board, and then the Board would approve or deny the application. Ideally, before alterations are done, property owners should consult with Mr. Adams. The alterations would be discussed, and agreement on the appropriate alterations 5 Meeting Minutes Historic Resources Preservation Board Boynton Beach, FL September 12, 2011 would be reached. The property owner could then bring the plans to the architect or builder who would submit them, so they could receive approval on the first reading. He has worked with individuals in the past who had their plans drawn in the reverse order, and they had to return to the Board several times. Alterations would be made in conformance with the Design Guidelines, which were being promulgated using the Secretary of the Interior's Standards for Rehabilitation. The latter document outlined appropriate ways to alter historic properties and how to build new properties in historic districts, as alterations to the building should be appropriate in scale, character, and materials. If it was a new construction, it ensured the structure was oriented the correct way, the setbacks were the same as other homes on the street, and the scale, material, and architectural style were in keeping with the other structures. Additions could be added or removed that do or do not contribute to the historic standing of the buildings. Roofing materials and windows could be changed as long as it was done appropriately. Suitable alternatives could also be used. The construction of new homes in historic districts was included in the Ordinance. Items such as site plans, settings, orientation, setbacks, and building heights would be reviewed. Design styles should be consistent with the neighborhood, the number and proportion of openings, spacing along the street, and items such as the relationship of materials and textures, roof shapes, size, scale and building mass would be reviewed to ensure it was appropriate and complimentary to the surrounding properties. Demolitions could occur with historic properties and in historic districts. If the structure could not be repaired, it could be demolished; however, applications for demolition would only be accepted when plans for the replacement structure were submitted. The Board could also delay a demolition for up to three months in order to find a suitable alternative for the property, whether that be relocating it to another site, or finding a buyer. If permission was given to demolish the building, the owner would be required to measure the building, have plans drawn of the building, photograph it, and deposit it in the archives. Too often, historic buildings were demolished, and there was nothing remaining to show what was there. The Ordinance addresses the relocation of buildings with an application. One reason for denial was if there are no definite plans for the site, if the proposed area for the relocation was not compatible for the building, or if moving the building would cause damage to it. If a property was designated or was in a historic district, and the owner could not afford to do what the Ordinance required, they could apply for a Certificate of Economic Hardship. The appeal process was through the City Commission. 6 Meeting Minutes Historic Resources Preservation Board Boynton Beach, FL September 12, 2011 There are tax exemptions for historic properties, provisions for unsafe buildings, and waivers for historic properties. Certain building codes would not be mandatory, as long as the owner could demonstrate the building was safe. Variances could be granted, and there were waivers to certain building and planning requirements. The Ordinance addressed sustainable building practices and standards for archeological work. Mr. Adams noted there were not many archeological sites within the City; however, should any archeological site be found, the Ordinance sets a procedure to be followed. Work would cease until the County Archeologist was called, or in some cases, the medical examiner. The Guidelines pertained to rehabilitation of residential, commercial, and new construction. Mr. Adams stressed the Guidelines were only Guidelines. Sites in Boynton Beach that were designated as historic were: Boynton Beach Woman's Club, 1926 The Oscar Magnuson Home, 1919 Lee Manor Inn, 1120 S. Federal Hgwy. Home at 215 S. Seacrest Blvd, 1925 The Schoolhouse Children's Museum, 1913 Home at 104 NW 5th Ave Home at 625 S. Federal Hgwy., 1914 Home at 106 NE 4th Ave. Items such as gateposts could be designated. One such post at Lake Boynton Estates, erected in 1925, could be a historic resource. The Old Boynton Beach High School was another site. The Daugherty House, constructed in 1905, was a site, but the home was deteriorating. In this instance, the property owner would be approached to repair the building. The Oyer building on E. Ocean Avenue, constructed in 1912, was another structure. Again, they could only approach the owner and discuss the possibilities. As to historic districts, Mr. Adams would not designate all districts immediately as 50% of the property owners must give consent. They would start with individual properties. If there was a collection of them, then they may consider designation of a district only with the consent of the property owners. The last survey was done in 1996. At the moment, there are 133 properties and one cemetery in the Florida Master Site File, and two properties on the National Register. The 1996 survey also identified six sites as potential National Register Sites and 36 sites were eligible for local register designation. Mr. Adams reviewed the criteria for historic districts. As they conduct the survey, they may find a Period of Significance, which means there were a number of buildings constructed within a specified time. If more than half conformed to the Period of Significance or were significant in terms of architecture or historic association, then they would have more than the 50% requirement for designation. The owners would then be approached, and only if more than 50% of them agreed to the designation would the area be designated. Homeowners in the proposed district would be mailed information in advance of the public hearing. If the Historic Preservation Board recommended 7 Meeting Minutes Historic Resources Preservation Board Boynton Beach, FL September 12, 2011 approval, the application would be forwarded to the City Commission. If denied, it could be appealed by more than two-thirds of the property owners. Frequently asked questions were reviewed and Mr. Adams requested the members review the Ordinance and contact him with questions. Creation of an application form for the designation of properties would be the first work of the Board and it was anticipated it would be available by the next meeting. The Design Guidelines were about 50% complete. The Guidelines could only be finalized once the survey was completed because then they would know what the City had and they could fine tune the Guidelines. It was hoped the survey would begin within the next few weeks. Chair Jones opened the public comments. Patty Olenson, President of the Boynton Woman's Club, invited the members to the building. There were some issues they had, and they were trying to negotiate something with the City. They are an independent, volunteer-run organization with an $80K overhead, which they had to raise. She explained it was a great deal of work. In the past, they fell short of their goals, but this year they were able to raise the operating budget, which excluded capital improvement funds. As the only independent, non- subsidized operation of a historic building, she inquired how they could make needed repairs, and if the Board could assist them. Matching grants were an issue. Mr. Adams explained some matching grants could be matched with in-kind services, and he agreed to meet with her to assist with the repairs or potential funding. Voncile Smith, 1747 Banyan Creek Court, inquired about the designation of public buildings owned by the City that the Historical Society was concerned with. Mr. Adams responded there were provisions in the Ordinance for properties owned by County, State, or other political divisions. The only individuals who could recommend the designation of those properties were the City Commission, the property owner, the Board, or the majority of property owners in a historic district. The City Commission can direct Mr. Adams to prepare a designation report on a public building, and Mr. Adams would submit it to the Board to determine its eligibility, with the final approval, again, with the City Commission. Victor Norfus, Vice Chair, Community Relations Board and member, Historical Society, spoke about the gatepost by the railroad tracks and four gas lantern light posts in the City. He inquired if they could be designated as historic. Mr. Adams responded they could and applications should be completed by the property owner and submitted to the Board. The program was new and no properties had been registered on the local register. Mr. Adams clarified that designation on the National Register does not provide the building with any protection; rather, it is more of a prestigious designation. When it was registered on the local level or there were proposed alterations, that was when the applications had to come before the Board. Properties on the National Register did not 8 Meeting Minutes Historic Resources Preservation Board Boynton Beach, FL September 12, 2011 have to come before the Board. Mr. Norfus commented the community would like the light posts to be designated. Sandra McGrayer, inquired about the homes that would be surveyed and the parameters. Mr. Adams explained properties that are 50 years old was the starting point. Anything over 50 years old could be added to the Master Site File if it was a Property of Interest. Only if a property was designated as historic by the Board and the City Commission with the owner's consent, would the property owner apply for a Certificate of Appropriateness to make alterations to the property. Ms. McGrayer commented the former Community Redevelopment Agency office may be a potential historic property. Mr. Adams responded he would inspect the property. If it was significantly altered since it was constructed and had none of its original character left, or if it was altered beyond recognition, then it would not be eligible. The properties had to retain some of its architectural integrity or have some historic association with a significant person in the past. Audrey Dance Gerger, 331 NW 1st Avenue, has a historical home. She commented the home across from hers was 92 years old. There were seven properties on the street and they were all over 80 years old. She was representing several of her neighbors and she stated they have spent thousands restoring their properties, although there may have been some changes made. She stated the neighbors wanted to know what could be done for the street to make it more inviting, and to preserve and protect the properties. She was glad there was a Board to work to help save the properties. Mr. Adams suggested she apply for historic designation or speak with the neighbors to have the street designated a historic district. She commented her home belonged to two former principals of the high school, one of which was also a botanist. There were no other questions from the public. 9. Comments by Members Ms. Ready thanked the Historical Society for supporting the birthday of Lucille Scott of Lucille's and Otley's Restaurant, and the City for the purchase of the birthday cake. Ms. Stabile commented the party for Mrs. Scott was the culmination of interviews with Carole Volkman, caregiver of Lucille Scott. She requested the Board's support with endeavors to recall its past and to interview residents who have made contributions to the City's history. Buildings are deemed historic, in part, due to significant persons who lived there. She hoped it would lead to coalition building by interested parties. Great strides have been made capturing the history of past Boynton Beach residents and this would facilitate their efforts. The members thought it was a great idea, and coalition building and outreach was important. 9 Meeting Minutes Historic Resources Preservation Board Boynton Beach, FL September 12,2011 Attorney Horowitz gave an overview of the Florida Sunshine Law, Florida Public Records Act, and the Ethics Laws. He distributed a handout and reviewed the Sunshine Law is Florida's Open Government Law. Florida has one of the broadest Open Government Laws in the United States. This was codified in the Florida Constitution and in the Florida Statutes. It required all meetings of collegial or public bodies of any municipality in which official acts are taken, or which public business is to be transacted, be in an open meeting that is noticed to the public, and that minutes be taken. Florida Statutes 286.011 is the statutory codification, which requires three criteria for all meetings of Advisory Board and City Commissions. The purpose of the Sunshine Law was to ensure decisions of public bodies are made in an open forum and accessible to the public. A meeting is defined as any formal or informal gathering of two or more members of the same collegial body, to discuss some matter, which foreseeably, may come before the Board in its formal capacity. The Sunshine Law is not intended to limit one's social interaction, but it was important to keep in mind that any issues that will come before the Board for formal consideration be debated and deliberated in an open forum. Email communications are subject to the Sunshine Law. When members are copied on the same email fromCitystaff.itis not an issue; however, the Reply All function cannot be used. The response could only be sent to the sender if they were not a Board member. If a member wanted to share factual information with other Board members in advance of a meeting, they could do so, but members could not respond. Board Liaisons are staff members. Third parties cannot be conduits between two members. There are some exemptions which typically do not impact Advisory Boards. Violations of the Sunshine Law can result in criminal and civil sanctions, and the State Attorney's Office can prosecute. The Florida Public Records law requires any information a member receives in the context of their role as a member of the Board is a public record. The City Clerk, statutorily, is the City's records custodian and is obligated to maintain them. Anyone can submit a public records request and receive information. Any document created during the course of official business of a public agency is a public record. Information stored on a public agency's computer is a public record as is all electronic information. Boynton Beach has the most comprehensive social media program throughout the State. All media on the social media is part of the public record, is maintained on the City's server, and is open to inspection. Palm Beach County is involved in ongoing, sweeping ethics reform. Advisory Board members fall under the Ethics Code. Much of it was common sense and he recommended the members read the material. If needed, there is an Ethics Commission that can issue an advisory opinion. 10 Meeting Minutes Historic Resources Preservation Board BoyntonBeach, FL September 12, 2011 Key points were provisions for prohibited conduct and misuse of public office, which bars members from using their official position to .take or fail to take any action that would yield special financial benefit to them. There is an exception to the Contractual Relationship Section, which was specifically for Advisory Board members. It requires action by-the City to exempt; however, any contractual relationship a member may have to the City may be subject to this section. There is a section for gift taking, which prohibits an Advisory Board member to knowingly solicit, directly or indirectly, any gift of value of $100 or greater in the aggregate calendar year from a vendor, lobbyist or principal employer doing business with the City. If so, it needed to be disclosed on the Gift Disclosure Form each quarter. Members must vote and cannot abstain from voting unless the vote they cast would inure to their special private gain or loss. Form 8B should be completed for all voting conflicts, which will be attached to the minutes. If there are any questions, members may contact the City Attorney's Office. Attorney Horowitz urged the members to read the materials. Mike Rumpf, Planning and Zoning Director, explained there was an upcoming workshop all Advisory Board members and staff were required to attend. The Ethics Ordinance would be explained in detail by a County representative. Mr. Gionfriddo commended Mr. Adams, as the presentation was comprehensive. He requested obtaining a copy of it, which Mr. Adams agreed to provide. There was discussion it was likely there would be some minor changes made to the Ordinance to obtain the Certified Local Government (CLG) status. Mr. Adams had sent the proposed amendments to the State, and he requested the members recognize some of the information may change. Ms. Stabile inquired if the Ordinance included roads and facades. Mr. Adams responded it was not included, but it ultimately rested with the support of the owner. He had not dealt with it before. As to facade, that could be included in the Design Guidelines. An advantage is if there is a facade one wants to protect, there is information, but there are also disadvantages. In some instances, there may be no options.. He was open to the Board's direction and it could be an item for the next meeting. There was discussion of the Old High School. Mr. Rumpf The City Commission was issuing a Request for Proposals for it from organizations for an adaptive reuse, consistent with the findings of the workshop held to determine its future. He could provide further information at the next meeting; however, members could contact him after the meeting for additional information. It was noted there was a tree in the Old High School parking lot, and it was unknown if the tree would be preserved. He was 11 Meeting Minutes Historic Resources Preservation Board Boynton Beach, FL September 12, 2011 aware some parties request more parking, but the success of a project is contingent upon different elements, one of which is parking. 10. Adjournment There being no further business to discuss, the meeting was properly adjourned at 8:26 p.m. Catherine Cherry Recording Secretary 091911 12