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Agenda 12-13-21 CITY OF BOYNTON BEACH ' HISTORIC RESOURCES PRESERVATION BOARD MEETING AGENDA DATE: Monday, December 13, 2021 TIME: 6:30 P.M. PLACE: Commission Chambers, 100 E. Ocean Avenue 1. Agenda Approval 2. Approval of Minutes —October 11, 2021 3. Communications and Announcements 4. Old Business: A. Historic Plaque Update— Update on implementation of the program to identify historic sites with a historic plaque. B. Historic Preservation Programming — Staff will continue facilitating the Board's establishment of a strategic plan or work program with continued discussion on goals, priorities, tasks and/or related implementation needs and strategies. 5. New Business: A. LGBTQ Pride Intersection memorial plaque—Consider and advise City Commission regarding request from Palm Beach County Human Rights Council to install a plaque at the LGBTQ Pride Intersection. 6. Other 7. Comments by members 8. Public comments 9. Announce date of next meeting — February 14, 2021 10. Adjournment The Board may only conduct public business after a quorum has been established. If no quorum is established within 15 minutes of the noticed start time of the meeting the City Clerk or designee will so note the failure to establish a quorum and the meeting shall be concluded. Board members may not participate further even when purportedly acting in an informal capacity. NOTICE THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE, (561)742-6060 OR(TTY) 1-800-955-8771, AT LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Minutes of the Historic Resources Preservation Board Meeting Held on Monday, October 11, 2021, at 6:30 p.m. In City Hall, Commission Chambers 100 E. Ocean Avenue, Boynton Beach, Florida Present: Barbara Ready, Chair Mike Rumpf, Board Liaison Thomas Ramiccio Michael Wilson Dr. Ben Lowe Absent: Bernard Wright Hollis Tidwell Rhonda Sexton Chair Ready called the meeting to order at 6:30 p.m. 1. Agenda Approval Motion Mr. Ramiccio moved to approve the agenda. Mr. Wilson seconded the motion. The motion passed unanimously. 2. Approval of Minutes —August 9, 2021 Chair Ready noted changes on page eight paragraph two, line three talks about apartments between Woolbright and Boynton Beach Boulevard. She was unsure Mr. Tidwell was talking about apartments because subject area has old homes. She did not know if he was discussing potential appointments to be historically designated. On page 12, paragraph three, line six, there is a sentence about Leisureville being along the Intracoastal. She thought they were referring to small condos down along the intracoastal, like Sterling Village; on page 13, paragraph three, line two, there was a typo with the word belies,which should be believes. On page 14, paragraph three, last line, the house they were talking about trying to save behind the Methodist Church, not the Woman's Club. Motion Mr. Ramiccio moved to approve the minutes as amended. Dr. Lowe seconded the motion. The motion passed unanimously. 3. Communications and Announcements A. Historic Plaque Update — Update on the ordering of the large (AO5) plaques for local designations. Meeting Minutes Historic Resource Preservation Boynton Beach, Florida October 11, 2021 Mr. Rumpf explained the two larger plaques for the two larger sites, historic homes will be larger version but they will change the lettering and wording order, so the top and bottom would say Boynton Beach and the larger plaques would have the word Circa. They are ready to order the plaques and put them up at the two schools. B. Proposal for Historic Preservation Services—A proposal has been received from Historica, LLC. for assisting with designation applications. Mr. Rumpf had a quote for services from former Historic Preservation Planner Warren Adams for technical work Mr. Rumpf does not have time to do. They had a request for designation, scope of services and cost estimate. He was looking for funds, and hoped a former member would designate his home. The member had started the process at one time, but it was not on the list of designated properties. Mr. Rumpf was speaking with him now. He will try to find money administratively. Chair Ready will contact the Historical Society, C. Training sessions attended —Staff training update. Mr. Rumpf explained he participated in two training sessions provided in conjunction with the Certified Local Government (CLG) program, national programs associated with National Trust, and have C.A.M.P.. There was another program addressing general preservation and another on mitigation, particularly with mitigating and preventing disasters with historic properties. He noted it was more common to have flooding than hurricanes or tornados around the country, which was where the focus of the session was. One presenter spoke on Historic Preservation Plans and Strategic Plan, a lot of which the City considered and that were in the survey that had a lot of components of the Historic Plan. Mr. Rumpf would review them later. D. Status of 211 E. Ocean Avenue (a.k.a. Magnuson House)—The Community Redevelopment Agency Board is considering a Letter of Intent (LOI) for the sale or rent of the property for use as a restaurant. Mr. Rumpf noted they had a preapplication meeting on this home and commented any use of the property in lieu of demolition, according to our records is optimistic. This party went to the CRA to rent the building. Slides of the property were viewed. The applicant would use containers on the property and would need a structural analysis since it will have a change of use. The more they propose to it, the more demand there will be on the building and structure. Currently, the use of the building is very minimal. The first floor is seating. The footprint of the building showed the four other containers: one container is or a kitchen, another for a restroom, another for an alcoholic bar and orders. He did not anticipate major changes, access for trash and EMS will have minimal changes for turning radius. He included a page that detailed the containers and the AIPP requirement. There was no Certificate of Appropriateness process, but he would recommend a full porched be added they the property would trigger the Certificate of Appropriate process. Anything more detailed would require Board approval. Dr. Lowe understood a railroad car would be a kitchen and the pictures do not look very nice next to the building. He asked if they could get something more representative than just a 2 Meeting Minutes Historic Resource Preservation Boynton Beach, Florida October 11, 2021. sketch. He asked if anyone has visualized what they think it will look like when it is all finished. Mr. Rumpf responded not ye as this is preliminary. The next step is to submit a preliminary site plan to the City and it will go before the CRA Board. The structure would have a restaurant use. Dr. Lowe thought they need something more visual. It looked like there would be a bar outside, with plastic stools and a railroad car. He thought something representative of the finished product was needed. There should be an aesthetic aspect to be considered as well. The kitchen container would be behind the house as a kitchen. The one for a bar would be on the grassy area on the east side. It was clarified the containers are shipping containers loaded onto flatbed rail cars. Mr. Rumpf explained there were staff comments to add some aesthetics to the containers, such as awnings, or painting art on some of them. Mr. Wilson asked if there were any other letters of intent besides Troy's BBQ. Mr. Rumpf thought one or two others submitted letters of interest in addition to a withdrawal. Mr. Ramiccio was looking at the redevelopment plan of the city. He asked Mr. Rumpf how he thought it fit in with the Redevelopment Plan. Mr. Rumpf explained the Redevelopment Plan is more of an end use. This is an interim type use. Mr. Ramiccio commented when you redevelop an area, they remove these items and here they are adding it in. He thought making modifications to a historic structure would be things he would like to remove. He thought now was the perfect time to have input. If the City Commission wants to allow a restaurant in a historic building, and conceived that idea, there are things they could look at such as the pavers bricks, the landscaping and entire aesthetics. He agreed they should tread softly with this. They only have a few properties such as Magnus and Woman's Club that they could offer more input. He thought there had to be a better way that is temporary to build ADA restrooms than this. The facade should look exactly like a home. He was not sure a mural would work there with the overall design of the downtown. He thought they should have input. Mr. Rumpf explained right now with minimal changes it only needs administrative review. Mr. Rumpf would be the only conduit and he would relay the Board's comments. Mr. Ramiccio would like to work towards an end plan, not a patch plan and get to the point it would function. Chair Ready stated the people who live in the City have not expressed a desire for the image to be the end plan. They want restaurants, cute shop and a nice place to go and not a concrete canyon. She thought people were not happy. Dr. Lowe agreed with Mr. Ramiccio. The Historic Resources Preservation Board learn of these projects when announced to them as if they are almost done. He asked why no one takes the Board's advised and asked if any historic planner been involved in the plans when developed. There are not many properties left. The Oyer building will be gone. The Board should be consulted for input before they go forward with these plans. Those buildings worked as shops and restaurants before and they had restaurants without shipping containers. Chair Ready agreed, but they try to do it as cost effectively as they can. Mr. Rumpf explained restaurants need a certain number of seats and foot traffic. That was why the little house could not accommodate that amount. Even the prior approval had outside seating. Someone bought the little house. There is another restauranteur associated with this project. Mr. Wilson agreed with Mr. Ramiccio. There is a small strip with the florist, barber and cafe which is proposed for Phase 2 of a multi-use project which also has the Anders home in the back. At some point, they may have multi-use from Boynton Beach Boulevard to the Andrews. His concern was the condo's. He asked how do they transition between building heights. 3 Meeting Minutes Historic Resource Preservation Boynton Beach, Florida October 11, 2021 They will not have 10 stories on Ocean. The maximum height on Ocean Avenue is six stories and stepped back. Mr. Rumpf explained there is an active area along the street, which on certain roadways, is eight or 10 feet, which ensures there is clear passage for pedestrians. Part is active which can be with restaurants and cafes along the street. The building will not be right up to the sidewalk and the norm sidewalk width is four foot. The sidewalk will be 15 to 18 from curb to building and accommodate an active area, clear path and an active area, which is a private space that engages the street. Dr. Lowe understood the Little House will be a market, and butcher shop. He inquired about its status. The building is now privately owed. Mr. Rumpf agreed to find out. On a different matter, Mr. Rumpf stated he wanted all to understand the Board policy for excused absences, which he read. He noted they had a request for an excused absence from Board Member Hollis who was not able to make the meeting. He explained members can have three absences if they are not excused. Chair Ready explained the City Clerk keeps up with the attendance. One board member getting close to the maximum absences. Mr. Rumpf also announced the Mayor asked the Board to consider an item. An organization with the County Human Rights Council has requested the Commission place a plaque at pride intersection here, recognizing the intersection, providing legal rights and penalties if defaced. He wanted the Board to review it. It was requested the Board discuss it at the November meeting or a special meeting. He will pass it to the Board to discuss. Mr. Ramiccio questioned why it is not being sent to the Planning Board as opposed to HRPB. Mr. Rumpf, when he asked, the feeling was he thought it would be more or a historic type of event to be recognized to follow the purview of this board. Chair Ready noted before Mr. Adams left they discussed having a monument policy. A member of the Board has come forward pushing recognition for his family in as many places as possible. It would be helpful if there was a monument policy they could referred to. She had offered to help form a recommendation as there are state statutes that refer to the States Monument policy they could work from. She welcomed help from the Board on the project as she thought it applies to the purpose of the Board. Mr. Ramiccio sees it as common place as it is being done all over the country, which that part he understands. It seems like it is very separate from what the Historic Resource Preservation Board would review. He thought the appearance criteria is what would usually be reviewed. Chair Ready explained the Pride Intersection in Delray Beach was defaced and the State Attorney refused to prosecute the perpetrator because the painted intersection was not a recognized monument. The thought was to put up a plaque to designate the intersection as a site needing protection and other municipalities are being approached to do the same. Mr. Wilson thought further clarification was needed Chair Ready explained the wording they recommended would honor a particular person who is still alive and not a deceased person. There would be better wording for recognizing the City for being progressive and offering the same type of wording that would protect the 4 Meeting Minutes Historic Resource Preservation Boynton Beach, Florida October 11, 2021 intersection and praising the City for its progressiveness as opposed to praising a person. Mr.Wilson understood the City Commission needs something to delineate special recognition and protection, but he thought it was more of a city commission and not a Board discussion. Chair Ready commented the wording they recommended involved the Historic Resource Preservation Board and the saving of the Old High School. Dr. Lowe was at the grand opening of the intersection and he noted Boynton Beach does have a unique place in the history of LBTQ rights, there was someone who lived here many years ago that was active, so maybe there is something they do not know yet, that the Mayor wants something included in it that deals how Boynton Beach led the way in the County that could be put on the plaque. Dr. Lowe will provide the information. Chair Ready wanted to work on the monument policy. Ernest Mignoli, 710 NE 7th Street, bought a home there last year and planned to be a resident. He was starting to understood there are a lot of things going on in Boynton Beach that do not seem to be before the right board, and no public around. He was starting to think anyone in Boynton in business or part of an organization, if anyone wants to do something they come in and speak to a few Board members and the next thing is it would be part of Boynton Beach. He thought it was part of an open public meeting where the public has input. Chair Ready responded the public has input at every meeting, every time, every night. He asked how do you approve something before the public comes. Chair ready explained they are an advisory board. Mr. Mignoli thought that was why they did not recite the pledge of allegiance or observe a moment of silence and that they approve things before the public has input. Chair Ready explained the plaques go on homes that have been designated historic. Mr. Mignoli stated he is starting to see a pattern on various boards. No one seems to work together or know what the other Board is doing and half the meetings you go to, no one knows why the mayor puts something here or there or what is business or personal. He commented at a lot of meetings, a lot gets approved and the public is never around. There are 80K people here who have to see what is approved. He asked about the Magnuson House, which is a frame house, owned by the CRA. The home was built Circa 1919. He wondered how they discuss making it a restaurant with people being on the second floor. It was explained it people would not be on the second floor and it may or may not come before the Board. What the City Liaison presented tonight was one proposal. There are several proposers talking to the CRA and what they discussed was a proposal made to the CRA. Mr. Mignoli thought the CRA is in the business of having big developers with millions, that come in and talk about their ideas. He thought the building would be gone soon and have a six-story building. He spoke about the fish house, and thought the plan is turn Ocean Avenue from E to Federal across federal to a Linton Boulevard in Delray. He thought they want high rises and have restaurants on the lower floors, like the Bar and the Butcher is. He does not know why they want Boynton Beach to be historic when where ever you go in the City is picked up en masse and will be a six to 10 story high rise and Boynton Beach is dedicated to compete with other areas. He thought the Historical Society should realize there are 80K people here in 16 square miles and a lot of people want a quiet place and not become high rises and store fronts. The City and CRA dominate what is occurring. Everyone says Boynton 5 Meeting Minutes Historic Resource Preservation Boynton Beach, Florida October 11, 2021 Beach is family, but there is change coming. He wants it to stay the way it is. He thought the more he listens at the City Commission missions and hear the lawyers and developers are tying up blocks of homes that will be demolished and build a six or eight story building. Mr. Mignoli commented the Board talked about the plaque, the Mayor is adamant the HRPB hear about the plaque because they do not just want to put the plaque up, they want to put the plaque up for and have it be protected under federal law. The reason it affects the Board is because the City cannot install it because it needs a historical monument approval. Then it can go back to the City Commission and once installed it is federally protected historical monument. He did not agree and thought it was a Delray issue. He thought everything should be safe in every town and nothing should be federal over another because if so, what will the next group say. Chair Ready explained it was the state attorney's office. Mr. Mignoli thought it was very political. He thought it should not be approved. Mr. Rumpf commented it was important for the speaker to know the plaques they worked on and selected, fall under the purview of the Board and it was a year of work. It was not just a snap approval, which is why it was a communication and announcement as an update. Mr. Mignoli commented the Mayor is adamant about the plaque that is has to come to the Board first. Mr. Rumpf explained it is important the Board's scope under its ordinance that is not historic. Their rules and procedures define what is historic under the purview of this Board. He stated for the record, the Plaque does not fall under the purview of the Board. 4. Old Business: A. Historic Preservation Programming —Staff will continue facilitating the Board's strategic plan development efforts with continued establishment of goals and/or priorities. Mr. Rumpf provided a slide presentation which he reviewed and reviewed notes he took at the training session. He explained Historic Preservation is required in the City's Comprehensive Plan. There are policies that enable the Board to establish a plan, program, designation of sites and others. He reviewed the meeting backup about what they are to do and continuing doing. He noted they should go through the Secretary of the Interior Standards for Rehabilitation Incentives was a topic covered and many incentives fall under national designations, and they talked about zoning relief on the standard site requirements for historically designated properties. Mr. Rumpf advised he reviewed Fee waivers and allowing for adaptive reuses. He noted the City has a draft right now to allow accessory units. The City does not have Transfer Development Rights and Mr. Rumpf commented one needs to be established. He highlighted grants, property identification processes, property designation, governance and Preservation Plans. A lot of the components of a preservation plan are in the City's site survey. He also highlighted alternative or sub sets pf the plans, \which could be part of an action plan. He described action, strategic and topic plans. Mr. Rumpf noted sent an email to Dr. Lowe's associate to discuss long range and short-term planning and using her resources at the school. 6 Meeting Minutes Historic Resource Preservation Boynton Beach, Florida October 11, 2021 Mr. Ramiccio asked about ADUs and if it involves a mother-in-law suite or apartments over a garage. Mr. Rumpf explained this is part of an initiative of the City with emphasis on workforce housing, ord. This is a tool they use. The ordinance has not gone to the City Commission. it will be tied to the housing needs assessment and when it is rolled out, this will be rolled out with it. It is an option in a toolbox to provide affordable housing. Chair Ready noted Mr. Rumps note listed protect site through Land Development Regulations and noted they have sites that change the zoning along Boynton Beach Boulevard along NW 2nd, which is where the intended historic district would go and proposed redevelopment. Mr. Rumpf advised the message came clear from the Board. He explained through either the Strategic planning process or the board provide an updated set of recommendations they can formally present it to the City Commission for consideration. The Ordinance was not written to be stringent due to finding a middle ground that would be acceptable to the City Commission versus enforcement and voluntary. Designation can be promoted and presented to the City Commission by the Board or the property owner. If the Board has a property they want preserved, they could nominate it and it would go to the City Commission for approval. Mr. Ramiccio inquired if they followed other municipalities have done. If the property is more than 50 years old, it requires a Certificate of Appropriateness from the Historic Board prior to any renovations at 50% or tear down or redevelopment project. He referenced Leisureville and noted someone could go in and buy Leisureville and put in a new redevelopment project. He noted it is an ongoing evaluation process, always looking at the survey, what properties they have identified and what they can potentially save. Mr. Ramiccio did not know why it was not done. He wants to see a better use and thought perhaps they should have an ordinance that requires that process whether it goes to the planning Board and have community appearance review process. There are a lot of projects talked about, but he does not see them. It is better to get the Board involved I the early planning process rather than at the end. He noted the Magnuson House has been discussed, but he would like to see a better use of the property than what is proposed than for a restaurant. He did not see a lot of planning as far as Board interaction, and he understand the City Commission is the local planning agency, which is why a lot of it goes to the City Commission instead of the Planning Board, where he is used to seeing projects presented organically through the community with community input than through the Board. Development through the Board has many layers and when it gets to the City Commission for final adoption, they are not rejecting all the PB recommendations. He thought with the BBQ place, the City Commission would reject their recommendations and approve it. He would like to see somethings changed soon with planning. They have to engage the community more with planning. More people are drawing away from the community with COVID and several reasons. They will have a unique time with vacant space. We have to do it right. Chair Ready commented as far as designating a district, the ordinance is not set up to force a historic designation on a district. It takes a neighborhood buy in rate of 51%. Mr. Wilson queried what the buy-in was in Lake Worth. Mr. Ramiccio responded the City Commission had to show they were invested and would invest in those neighborhoods. 7 Meeting Minutes Historic Resource Preservation Boynton Beach, Florida October 11, 2021 There were old sewer pipes and bonds that needed to be retired and new ones to float. They promised neighborhoods they would get historic lighting, street signage and landscaping, and they would create neighborhoods. They had a lot of streets in Lake Worth went from Federal Highway to Dixie Highway and there was a lot of cut through traffic. What really got the homeowners to agree to the historic district was the investments made by the City Commission in the neighborhood. Based on geographic areas, they made neighborhoods that were not platted that way, were revitalized. What got the homeowners to say they wanted to be part of a historic district voluntarily, was the investment by the City Commission and that the historic board was there all along the way. Mr. Ramiccio would like to see some things changed. Dr. Lowe commented people are upset the Oyer building will be torn down and probably something built in its place. The public will wonder what was done by the Historic Preservation Board to stop it. He commented the Board was not involved and they are in the making. They do not discuss these issues and the City Commission does not ask them to talk about it or give input. He thought it was wrong. There is an ordinance where if they change something by 50% or more, or there would be a demolition, they should get something from the HRPB, whether they follow it or not. He asked why the CRA cannot invest in that property to bring it up to code and keep its historical presence. there. It is a privately-owned building. Dr. Lowe thought if the City would purchase it, they could. The Board is commissioned by the City. He asked if the CRA is going to redevelop, why they are not involved in any of it. Mr. Wilson noted one of the three owners of the Oyer building was a former board member. He wished the owners of the building that Hurricane Alley sits in that was built in 1922 had requested a historic designation, but they did not. He requested, if the members have an idea how to save that building they let him know. He noted an individual commented to him the building has no historical significance. Mr. Wilson noted next year is the 100-year anniversary of the building. The second floor of the building housed Dr. Weems, Boynton's First Doctor and a lot of births occurred on the second floor. He noted Marty's Diner, in the 40s and 50's during WW II hosted blood drives and dances and it does have a lot of historical significance. Dr. Lowe suggested trying to get the City to save it because the Board does not have command of the Budget, He asked why they do not have a historic museum. He noted downtown Lake Worth does. He thought they should put small shops there, keep the facade and keep a lot of the historic structure there. Things are not being done without the Board's input and no other City around Boynton does that. Five historic properties were saved, and that is what they will call Historic Boynton Beach. The Oyer property was one building he thought would be there for a while and now it may be the next building gone when there was so much history there. Chair ready noted when 500 Ocean was being built across the street and they were driving the pilings, it damaged the foundation of the Oyer property. 5. Other 6. Comments by members 7. Public comments 8. Announce date of next meeting — December 13, 2021 8 Meeting Minutes Historic Resource Preservation Boynton Beach, Florida October 11, 2021 Chair Ready announced the December 13th meeting. Mr. Rumpf asked about the Board special meeting on November 8th to discuss the Pride Intersection. After discussion, there was agreement there was no compelling reason to meet sooner than the regular December 13th meeting. Motion Dr. Lowe moved to keep the existing schedule Mr. Ramiccio seconded the motion. The motion passed 3-1, (Chair Ready dissenting.) 9. Adjournment There being no further business before the Board, Chair Ready adjourned the meeting at 8:16 p.m. &"&UeL Catherine Cherry Minutes Specialist 9 DEPARTMENT OF DEVELOPMENT r TO: Chair and Members, Historic Resources Preservation Board FROM: Michael Rumpf, Planning & Zoning Administrator Board Liaison DATE: December 7, 2021 RE: Historic Resources Preservation Board Regular meeting of December 13, 2021 Staff Report This report and exhibits represent the combined back-up for the subject agenda. Item 4. Old Business A. Historic Plaque Update—Two of the large (A05)plaques have been fabricated and received (see accompanying exhibit). A larger plaque (10 1/2 "x 20")was selected for the public sites and the smaller plaque is intended for marking the locally-designated, historic houses. The two plaques have been designed for the historic Boynton School (a.k.a. School House Children's Museum), and the historic Boynton High School (a.k.a. Arts & Cultural Center). The plaques are ready to be mounted to the facades of the two buildings. Staff recognizes the promotional opportunity represented by the "rolling out" of the plaque program with the mounting of the first plaques. Staff looks to the Board for direction. If there is the desire for possible public involvement, staff will coordinate for the assistance or input from the City's Marketing and Events Director. B. Historic Preservation Programming—Staff will continue facilitating the Board's efforts to develop a strategic plan, with continued consideration of goals and priorities, as well as prioritizing or phasing tasks or projects with an emphasis on feasible initiatives based on available resources. Item 5.A. LGBTO Pride Intersection memorial plaque The City Commission has forwarded to the Board for review and a recommendation, the request from the Palm Beach County Human Rights Council (PBCHRC) for the City to place a memorial plaque at the LGBTQ Pride Intersection. As explained in the attached exhibits, which includes the minutes from the corresponding City Commission meeting, the request is pursuant to Florida Statute 806.135. Staff has attached the request from the PBCHRC in addition to the referenced sections of the Florida Statutes. Exhibits OLD BUSINESS 4 .A Historic Plaque Update Historic Plaques for Historic Boynton High School and Boynton School h f •�{� �Y45$ Y _ �� '�p"���;E fi 4�3� ,.q,y 'f-� 1�`• ,'j5 jo, f� F � u 1 f j t ( i kg",iy ssh r'f}�l ti is mv f� i moi. � f NEW BUSINESS 5 .A LGBTQ Pride Intersection memorial plaque PALM BEACH COUNTY m4i Please respond to: C HUMAN RIGHTS COUNCIL 400 North Fla ler Drive,#1402 West Pahn Beach, Florida 33401 Rand Hoch (561)358-0105 Prosirlenr 561)358- Prosirlenr and f`rsatr det rand-hoch@usa.net wwr Fi t Meredith Ockman da e- ail 1'ir'f�Pt'�P(IF.:72t '1°o: Mayor Steven B. Grant Daniel S. Hall Vice-mayor Woodrow I.. Hay Trt,r<crr r-r Commissioner Justin Katz, Rae Franks Commissioner Christina Romelus sonet,11V Co ssioner`l"y Penserga W1�1 P j v Csr-,(I r Carly Cass From: Judge Rand Hoch(retired),President and Founder 41mil l niece N. Davis e: Adopting a resolution to install a plaque at the LGBTQ Pride P,I„ R`j 1, Intersection to address §§806.13 and 806.135, 11orida Statutes Hutch Floyd (2021) Jamie T. Foreman Date: September 8,2021 Michael Duelrfelle Fowler PIAM MrM1.f Pi G,OrtttNI� ks you may know, much to PBC RC's dismay, State Attorney Dave Aron erg G. Joseph Garcia refused to charge Alexander Jerichwith violating the recently enacted "Combating WEIL.C,TON Public Disorder kct", S 806.13, Florida Statutes (2021).("'the Act") for defacing Chauncey Graham the Delray Beach LGBTQ Pride Intersection Pear Bl:-AI,. Jasmin Lewis The Act provides,in pertinent part: Rtrirr°,, E r-.f ti Tamara Sager Critninal schief; penalties; penalty for t or.— Any person who, without the consent of the owner thereof,willfully and maliciously defaces,injures, or J. P.Sasser otherwise damages by anv means a memorial or hist>tric ro ertSy, as defined in s. 806.135(1), and the value of the damage to t to memorial or historic .Trent Steele property is greater than $200, commits a felony of the third degree, punishable as provided in s. 457 775.082, s. 775.083, or s. 775.084. A court Rhonda Williams shall order a person convicted of violating this subsection to a 459 y P g pay restitution,which shall include the full cost of repair or replacement of such P.O. Box 267 memorial or historic property. Wr:S-t PAIM BtAc,H Florida > 402, I spoke to Dare and his staff at len foo s decis�a and was advised that it would have been easier for him to utilize the Act had there been a plaque near 961.586.0203 the intersection establishing g the site as a memorial in accordance with S hhChl-CCao/.Co177 806.135(l)(b), of the Act, "Destroying or demolishing a memorial or historic tt°T 'tt.'.]717C17fc:.or property"which provides: The Palm Beach County Human Rights Council is dedicated to ending discrimination teased on sexual orientation, gender identify, and gender expression. The Council promotes equality through education,adv-ocacy,direct action, impact lifi ation and community outreach. A,cepa(f rh<rffr1ri regrshabtn and finrif ial infetmati?n miF}be Watried frim F D,,,sivi di_,risumer Ker,icci h,frllinp tall-frrt tr,iii i,,the state. r�nistratann des not«q.'>�ndon cm=m,aHrrrt,.�„l,nr recom,,,endation ty tire siz�te r8CHRCS Rtq,<tstr_❑e3urnta”a CH!5i86.To Wain rtmIraV(9Iran;Fvzl n,}'Qu bray ccrisvIt€hc i^,rhsire nr(all Are =;5.7352 Bovnton Beach Mayor and City Commissioners September 8,2021 page two— "Memorial" means a plaque, statue, marker, flag,banner, cenotaph, religious symbol, painting, seal, tombstone, structure name, or display that is constructed and located with the intent of being permanently, displayed or perpetually maintained; is dedicated to a historical person, an entity,,an event, or a series of ev !nts; and honors or recounts the military service of any past or present United States Armed Forces military, personnel, or the past or present public service of a resident of the geographical area comprising the state or the United States. Therefore, PBCHRC is requesting the City adopt the attached draft resolution and install a plaque near the intersection. The very precisely worded draft resolution and plaque language meet all of the requirements of the statute—permanence,dedication to a series of events, a ►d recoun-ing the public service of a resident. (A copy of the draft has been reviewed by the State Att"rney's Office.) Thank you for your consideration. attachment copies (w/attachment) via e-mail to: PB(;HRC; Board of Directors City Manager Lori LaVerrierc City Attorney Jim Cherof RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH,FLORIDA,ESTABLISHING THE BOYNTON TAKENBEACH LGBTQ PRIDE INTERSECTION AS A PERMANENT MEMORIAL; DEDICATING THE BOYNTON BEACH LGBTQ PRIDE INTERSECTION TO A SERIES OF VOTES THE BOYNTON BEACH CITY COMMISSION PRO VIDING EQUAL RIGHTS, BENEFITS AND PROTECTIONS TO THE INTERSECTION;CITY'S LGBTQ RESIDENTS; RECOUNTING AND HONORING THE PUBLIC SERVICE OF ALLAN HENDRICKS;AUTHORIZING THE PLACEMENT OF A PLAQUE AT THE SITE OF THE BOYNTON BEACH MEMORIAL LGBTQ PRIDE PROVIDING AN EFFECTIVE DATE. the City Commission of the City of Boynton Beach("Corr ission")voted to create a permanent streetscape based on the Progress Pride Flag at the intersection of East Ocean Avenue and 1 st Street SE; and, WHEREAS,a Dedication for the Boynton Beach LGBTQ Pride Intersection was held on June 5, 2021 at which the Mayor, City Commissioners, representatives of the Palm BeahCounty Human Rights Council and Compass,and Allan Hendricks made remarks; and, t the June 5, 2021 event, the Boynton Beach LGBTQ Pride Intersection was dedicated to a series of votes taken by the Commission since 2014 protecting LGBTQ residents from discrimination, prohibiting conversion therapy for minors, and providing gender neutral restroo s i municipal buildings; and, remarks made at the Dedication recounted the public servict of AllanF-'enricks,who, in addition to being instrumental in the establishment of the Boynton Beach L(,BTQPride Intersection, served as a board member of Community Caring Center of Greater Boynton Beach, the Chair of the Transportation Team forte Boynton Beach Community Alliance, a member of the the Development Tea for the Historic Jones Cottage Relocation and Development,the Boynton Beach Community Redevelopment Advisory Board, the Boynton Beach Racial & Social Equity Task Force, the Boynton Beach Historic Preservation Ad Hoc Committee,and the Climate Action Task Force, as well as `leader in Seacrest Clean Up Days of Action,the Forest Park Neighborhood Group,and the efforts to save t.e historic Boynton Beach High School; and, the City seeks to install a plaque commemorating the permanent Boynton Beach Memorial LGBTQ Pride Intersection; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMIS'AON OF THE CITY OF BOYNTON BEACH,FLORIDA: -1- Section 1: The Commission authorizes a plaque to be installed by the Boynton Beach Memorial LGBTQ Pride Intersection to read as follows: BOYNTON BEACH MEMORIAL LGBTQ PRIDE INTERSE( TION Recounting and honoring the public service of Allan Hendricks, the Boynton Beach City Commission dedicates the permament Boynton Beach Memorial LGBTQ Pride Intersection to a series of votes taken since 2014 providing equal rights,benefits,and protections to the LGBTQ community. June 5,2021 Section 2: This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED on this_day of,. , 2021. CITY OF BOYNTON BEACH,FLORIDA YES NO Mayor-Stephen B.Grant Vice Mayor- Woodrow L. Hay _ Commissioner-Justin Katz _ Commissioner-Christina Romelus y Commissioner-Ty Penserga _ VOTE ATTEST: .. ... _ Crystal Gibson, City Clerk (Corporate Seal) -2- The 2021 Florida Statutes Title XLVI Chap Lr 806 View Entire Chap-Ler _ - CRIMES ARSON AND CRIMINAL MISCHIEF 806.13 Criminal mischief; penalties; penalty for minor.— (1)(a) A person commits the offense of criminal mischief if he or she,willfully and maliciously injures or damages by any means any real or personal property belonging to another., including,, but not limited to., the, placement of graffiti thereon or other acts of vandalism thereto. (b)1I. if the, damage to such property is 5,200 or, less, it ils a misdemeanor of the second degree, punishable as provided in s. 775.082 or s., 775.,083. 2. If the damage to such property is greater than $200 but less than $1,000, it is a misdemeanor of the first degree, punishable as provided in s., 775.,0,82 or s. 775.083. 3. If the damage is 51,000 or greater, or if there is interruption or impairment of a business operation Or public communication., transportation, supply of vater, gas or pov)er, or other public service which costs S 1 000 or more in labor and supplies to restore, it is a felony of the thilrd degree, punishable as provided in s. 775.082, s. 775.083, or s., 775.0,84. 4. If the pet-son has one, or rnore previous ous, convictions for violating this subsection, the offense under subparagraph 1. or subparagraph 2. for which the person is charged shall be reclassified as a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s., 775.,084., (2) Any person who VidlIfUlly and maliciously defaces, injures, or damages by any means any church, synagogue,, mosque, or other piace of worship, or any religious article contained therein, commits a felony Of the, third degree, punishable, as provided in s., 775.082, s., 775.,083, or s. 775.08 4., if the damage to the property is greater than 5,20,0. (3) Any person who, vdthout the consent of the, owner thereof., Willfully and maliciously defaces, injures, or citherwilse damages by any means a rnemiorilal or historic property, as defined in s. 806.135(1), and the,value, of the, damage to the memorial or historic property is greater than 5200, commits a felony of the third degree, punishable as provided in s., 775.082, s., 775.083, or s. 775.0841. A court shall order any person convicted of violating thils subsection to pay restitution, which shall include the full cost of repair or replacement of such mernorial or historic property. The 2021 Flo ridaStatutes Title XLVI Chapter 80 View Entire Chapter CRIMES A.RSON AND CRIMINAL MISCHIEF 80, .135 Destroying or demolishing a memorial or historic property.— (1) As used in this section, the termi. (a) "Historic property" means any building, Stl'UCtUre, site, or object that has been offilcially designated as a historic building, historic StUiCtUre, historic site, or historic object through a federal, state., or local designation program. (b) "Niernorial" means a plaque, statue, marker, flag, banner, cenotaph, religious symbol, painting, sea[, tombstone, structure name, or display that is constructed and located wilth the intent of being permanently displayed or perpetually maintained; is dedicated to a historical person, an entity, an event, or a series of events, and honors or recounts the military service of any past or present United States Armed Forces military personnel, or the past or present public service of a resident of the, geographical area comprising,the state, or the United States. The term includes, but is not limilted to, the following memorials established under chapter 265'. 1. Florida Women's Hall of Fame., 2., Florida Medal of Honor Nall. 3. Florida Veterans' Hall of Fame. 4., POW-M]A.Chair of Honor Memorial. 5. Florida Veterans' Walk,of Honor and Florida Veterans' Memorial Garden. 6. Florida Law Enforcement Officers' Hall of Fame,. 7, Florida Holocaust Memorial. a., Florida Slavery Viernorial., 9. Any other memorial located within the Capitol Complex., including, but not limilted to, Walter Park. (2) It is unlawful for any person to willifully and maliciously destroy or demolish any memorial or historic property, or willfully and maliciously putt down a memorial or histodic property., unless authorized by the owner of the memorial or historic properby. A person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775,084. (3) A.Court shall order any person convicted of violating this section to pay restitution, which shall include the,full cost of repair or replacement of such memorial or historic property. History.—s. 11.,ch. 2021-a. Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 to Friday from 10:00 a.m. to 8:00 p.m. City Manager LaVerriere noted that there are no after school programs there. Commissioner Romelus requested that staff reach out to Mr. Orr and discuss why he believes the Center is closed to the public. Mr. Mignoli commented that he feels that the people who suffered the most during COVID do not work for the City. There are over 18,000 families in poverty in the City. The ABPA funding should go to them and not to City employees. The funding should be spent now and not over the next four years. The City should not be holding meetings in police and fire departments. Zoom will set up anywhere and they put the whole meeting on film. Mayor Grant inquired if the amount should be the same for all employees or should those who earn less than a certain amount get more. Commissioner Katz stated that he is fine with going across the board. Motion Commissioner Katz moved to approve premium pay at $1,000 a year for the next 2 years for all City employees. Commissioner Romelus seconded the motion. The motion passed unanimously. Mayor Grant stated all City employees are essential and we have the ability to do this. 10. Unfinished Business — None 11. New Business A. Consider a request from the Palm Beach County Human Rights Council regarding a resolutionand placement of a plaque at the Pride Intersection. Mayor Grant inquired if this was City policy. Assistant City Manager Mack replied that this is not City policy. Mayor Grant asked if this would fall under Historic Resources Preservation Board. City Manager LaVerriere responded it does not need to go to the Historic Resources Preservation Board. Attorney Cherof stated that this does not need to be reviewed by an advisory board. It is a policy decision by the City Commission. Vice Mayor Hay inquired why is this being considered. Mayor Grant stated that this is a continuation of the development of the Pride Intersection. 27 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 Commissioner Penserga commented that the purpose of this plaque is to memorialize Mr. Alan Hendricks and the contributions he has made to the City. Gemma Torcivia, a member of the Palm Beach County Human Rights Council and a local attorney, stated that she appreciates the Commission's consideration of their request. She has been working on behalf of the Board with the Pride intersection in Delray Beach which was defaced during a rally. The State attorney was unable to use the Combating Public Disorder Act, which was codified in four statutes in 2021, because it had not been dedicated with a memorial. The language of the Combating Public Disorder Act, it's very specific that in order to utilize that act to appropriately prosecute someone who defaces or damages, a memorial or historic property, it has to be designated as memorial or historic property. What we have done as a board, is we have developed a resolution that has been approved by the State attorney's office as appropriately creating a memorial for the intersection. If down the road, and hopefully this never happens, something happens and there is a willful and malicious defacement injury or damage that occurs to the intersection or to the memorial plaque, that appropriate action can be taken by the State attorney, essentially, giving him the ability to use the full range of tools that we believe the legislature intended him to have. We are asking this Commission to consider adopting this resolution, which has been provided as part of your agenda packets, which contains the appropriate language to dedicate the intersection. It also does make notice of a local resident, and the language on the plaque itself is also suggested in the resolution to conform with that statute, which is on page two of the resolution, so the memorial would read Boynton Beach Memorial LGBTQ Pride intersection. Then there would be language which says, we are counting and honoring the public service of Alan Hendricks. The Boynton Beach City Commission dedicated the Permanent Boynton Beach Memorial LGBTQ Pride Intersection. Mayor Grant stated that based upon what Ms. Torcivia stated regarding a Memorial, is that this goes in front of the Historic Resources Preservation Advisory Board for a public discussion because that is what they are there for, to make these types of recommendations to us as a City Commission. He said he does not feel comfortable deciding on this without their recommendation. Commissioner Penserga pointed out that the Commission has already approved the Pride Intersection and normally he would agree with the Mayor in that having input from the advisory board would be helpful. But in this instance, it seems redundant to him. It is already something that we have approved. It seems like this should be an easy and straightforward addition to provide legal protections should a hate crime occur. We can actually prosecute the individual or individuals that commit this hate crime. Vice Mayor Hay inquired if this a memorial plaque and what does it look like. Mayor Grant stated that it is something that our Historic Resources Preservation Board votes on. They are doing one regarding the Rosenwald School. He feels that we are 28 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 sidestepping our City advisory boards. In addition, he thought we have a progressive flag, not a pride flag. He wants to make sure that we have the correct language. Is it LGBTQ, LGBT, LGBTQIAA? There is a lot of things that he feels that we need to have the discussion and for the residents to make the decision, not just the Palm Beach County Human Rights Council. Vice Mayor Hay inquired if the City is the first in the area doing this. He is not objecting strongly to it. As the Mayor said, he wants to make sure that we cover all our bases and follow our own procedures that we have established. We just had one come before us, with our parks in this City and monuments. We need to move forward carefully. He said he wants to make sure we have all of our bases covered and let's move with caution. Attorney Cherof pointed out that the item on the agenda is a request. It does have a form resolution attached to it. The resolution is not on the City Commission agenda tonight for a vote. That would have to come back at the next meeting once the City Commission sets a policy decision. Mayor Grant remarked that when the Commission decides, we have a recommendation from the City's Historic Resources Preservation Board because that is what they do. They normally get these requests first. As he mentioned, they were discussing the plaque for the Rosenwald School. If we wanted to, we could make the decision however, it is sidestepping some of our advisory boards' ability to make recommendations to us. Commissioner Katz stated that he agrees with the Mayor's recommendation. If it took more than 60 or 90 days, he would be shocked. It is a finite item. The intersection honors a wider base of populations than the resolution as it is currently worded. He wants to make sure we get it right if we were to get a recommendation and move forward as a board. He inquired if this would help a prosecution take place. City Attorney Cherof stated that he cannot answer that. The process that the State's attorney makes in determining to prosecute or not has many factors. He does not think that a signal factor is dispositive. Commissioner Katz reiterated that he is okay with this as long as it goes through the proper channels. He likes the idea that it honors a local resident who is part of the community that the intersection honors. It is sad that this is a step that needs to be taken to prosecute people who are willing to deface property in the name of discrimination. Commissioner Penserga remarked that it was not too long ago that this body considered the monument policy and whether or not to move forward with it. That monument policy was defeated by this board. In that policy, it laid out a process for these types of things to be addressed and his understanding was that process was too cumbersome, it was too long and all the other reasons and that things go directly to the Commission for consideration. That was his understanding. Now we have an applicant that is coming directly to the Commission, and now he is confused as to where we stand. He said he 29 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 thought that is what the process was to come directly to the Commission. Mayor Grant stated that Commissioner Penserga was absolutely correct; we are not saying, no, we are just saying we want to make sure the Historic Resources Preservation Board is included, because it will become a historic resource, because you cannot destroy historic resources without penalties. If the Oyer building was a historic resource, we would not be able to tear it down. He wants to make it clear that this is something that will affect the future of the City. That is why we have the different advisory boards. For example, our planning and zoning board reviews all different site plans because of the future effect of the city, and that's kind of where he appreciates them coming forward. He thinks the City staff did the proper protocols of letting us review and see the resolution that was proposed, to see if we want to make any changes and it is well within our authority to go to an advisory board. For example, if they wanted to have a monument at a parks facility, he would suggest that we would send it to the Parks and Recreation Board, not the Historic Resources Preservation Board, or we actually could send it to both and get both of their recommendations. Ms. Torcivia stated that her understanding was that the Historic Resources Preservation Board recommends properties for historic designation and advises on historic preservation matters. To be very clear, the distinction is that this is not a request for a historic designation, this is a request for a memorial. Mayor Grant remarked that as an attorney, a memorial is a forever thing that creates a historic designation. Correct, it is not a historic designation as of now, but it will be of a historic designation once the memorial is there. Ms. Torcivia stated that we are happy to follow whatever process you would like us to. To answer the Vice Mayor's earlier question, you are certainly not the first City that we have been working with to try to move this forward. Obviously, other cities in the county have been pioneers in protecting LGBTQ rights and have created similar intersections. We are certainly working with them to pass similar resolutions, to provide the State attorney, the ability to prosecute these crimes that unfortunately occur. This really is just to provide those teeth so the state attorney can do his job and effectively prosecute criminals. Although, to be fair, we did think this was the process. We are not trying to subvert your process. Mayor Grant commented that Ms. Torcivia is absolutely correct. This is the process. We have the ability to make sure that we have another public meeting as part of getting citizen input before we decide. He stated this is something that, as he mentioned earlier, is within our authority because we approve a resolution creating a memorial or a historic designation. He said he appreciates her coming forward and he is sorry if staff thought that this was going to be the only meeting that they had to attend. We have these different advisory boards to help us make the best decisions on behalf of the city. 30 Image of the Boynton Beach LGBTQ Pride Intersection Il t ilii i r F it t spit it. } 5�..,.� a Xs } v� h� a i