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Minutes 12-13-21 Minutes of the Historic Resources Preservation Board Meeting Held on Monday, December 13, 2021, at 6:30 p.m. In City Hall, Commission Chambers 100 E. Ocean Avenue, Boynton Beach, Florida Present: Barbara Ready, Chair Mike Rumpf, Planning & Zoning Administrator Thomas Ramiccio Michael Wilson Tiffany Crump Rhonda Sexton, Alternate 1. Call to Order Chair Ready called the meeting to order at 6:32 p.m. 2. Approval of Agenda Motion Mr. Ramiccio moved to approve. Ms. Sexton seconded the motion. The motion passed unanimously. 3. Approval of Minutes — October 11, 2021 Motion Mr. Wilson moved to approve the minutes. Mr. Ramiccio seconded the motion. The motion passed unanimously. 4. Communications and Announcements Mike Rumpf, Planning and Zoning Administrator, advised he submitted the Certified Local Government(CLG)Annual Report to the State that was due in November. The City received CLG Certification and the annual report maintains the status of the certification. He also administratively processed a Certificate of Appropriateness review which is when something would alter or impact a building. In this instance, the City is replacing the doors on the Schoolhouse Children's Museum with doors of a different material, but the right design. This is the third of fourth time the doors were replaced and the doors at the Old High School were changed as well. 5. Old Business: A. Historic Plaque Update — Update on implementation of the program to identify historic sites with a historic plaque. Meeting Minutes Historic Resources Preservation Board Boynton Beach, Florida December 13, 2021 Mr. Rumpf explained over the past few years the Board started a plaque program for historic properties, as properties locally or nationally designated are often identified as such with a marker or a plaque. They picked up on a program that was left off in the past, found a design, fabricator, finalized a design, ordered them and will receive them. The Board selected a larger plaque for institutional uses and Mr. Rumpf is still working on getting the national marker for the Schoolhouse Children's Museum. They have local markers for the Schoolhouse Children's Museum and Old High School ready to be mounted. Mr. Rumpf advised he can take pictures for promotional purposes for the website for the event and can coordinate with the City marketing director for social media and website.coverage. Ms. Sexton suggested the Coastal Star may do a story on it. She noted Boynton is coming along in historic preservation and it would be a great lead in to some of the controversy they may hear about the Oyer property. There is a historic element in the City. Mr. Wilson agreed. Ms. Sexton also has a contact at the newspaper there and could set up a time to mount the plaques. Mr. Rumpf would coordinate with Ms. Krusell and the City Commission. It would be nice to make a presentation to the City Commission in January. The Board Members agreed. Chair Ready will assist Mr. Rumpf. 6. 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. (Heard out of Order) Gemma Torcivia, local attorney, was present on behalf of the Palm Beach County Human Rights Council (HRC) being seated on the Board of Directors and thanked the Board for the opportunity to discuss the matter. Attorney Torcivia reviewed the City dedicated and had a ceremony for the LGBTQ intersection on the road. It was promoted and well attended and it was an exciting thing for the City. Delray Beach did a similar thing on their roadway and a young man defaced that section of the road with his truck and posted it on Facebook. The State Attorney is working with Delray Beach to determine the appropriate way to prosecute that individual. The current hate crime statute does not provide the teeth to effectively prosecute without the City dedicating and creating a memorial and have a memorial plaque to dedicate that road way, so if later the road is purposely defaced or damaged, the individual can be held responsible via the courts to pay to repair or replace the roadway. The Board drafted a resolution the HRC is recommending that has all the requirements in the statute to dedicate it as a memorial to give it protection under the hate crime act and related laws. Chair Ready asked if the State Attorney said they could not prosecute the person because the intersection in Delray was not designated or dedicated. Attorney Torcivia explained they were not able to use the law that was intended for hate crimes and used a lesser law that did not have the same effect. Under the hate 2 Meeting Minutes Historic Resources Preservation Board Boynton Beach, Florida December 13, 2021 crime law, not only would the individual have to pay to replace or repair the roadway segment, but they would also receive a felony charge. Attorney Torcivia advised they are going to other cities requesting they take these steps. The State can prosecute and the City can recoup the loss. The State Attorney worked with the Human Rights Council to create the language which they provided to the City. There must have some sort of physical marker or even an engraved stone. Chair Ready asked if the road segment needed a plaque to designate it, but Attorney Torcivia was unsure. There needs to be physical designation and a corresponding City Act to dedicate the intersection. The specific language provided by the State Attorney being recommended was included in the meeting materials, which the HRC strongly recommended be used. Chair Ready asked if the City instituted a monument program on their own to designate special things, with or without a plaque, would suffice. Attorney Torcivia did not know and offered to find out. Chair Ready suggested researching if the City wrote an ordinance that covered the designation and the punishment, giving the State Attorney the power to pursue individuals for prosecution would be sufficient. Chair Ready explained the matter is not really a historic item, but the issue was referred to the Board by the City Commission and they would make a recommendation, but the recommended wording concerns her. Once they start putting up plaques honoring specific people for specific things, they are liable to having all kinds of people come forward asking for a plaque to honor themselves. Attorney Torcivia reviewed the language and clarified, it could be a plaque, statue, marker, flag, banner, cenotaph, a religious symbol, a painting, seal, tombstone, a structure name or display that is constructed and located with the intent to be permanently displayed or perpetually maintained, is dedicated to a historical person, entity, event, or series of events. It could be a small seal, like a metal disc in the cement. The statute gives a lot of different options. Mr. Ramiccio asked Mr. Rumpf if there could be some confusion as lots of times when a City does a dedication for an intersection, attorneys will say it needs to be memorialized to be legitimate or on the books. He queried if they want the City to take official action memorializing what they are trying to do, rather than put up a plaque. No matter what they do with this ordnance as far as a hate crime, this would be a crime against pavement versus a crime against a person. He asked if that was why it should be dedicated to a specific person so they can say it was against an individual. He thought they were really stretching it to try to make something fit into something that may not be necessary. Mr. Rumpf commented from what he read and referenced in the request, it was unclear to him what was wanted. It gave two options, a historic site, which is a typical City process, or dedication to a person. Mr. Ramiccio thought if the end result is restitution for the person to fix the damage, it could be treated like any other vandalism. He thought it was a stretch to get to the hate. He suggested they 3 Meeting Minutes Historic Resources Preservation Board Boynton Beach, Florida December 13, 2021 have to be careful how they apply this through the Code of Ordinances to social issues. Mr. Wilson commented as he read it, there are two issues: is the intersection a historic site or is the intersection dealing with a specific person of historic interest to make the wording of the statute legitimate. He understood a local resident was suggested to be memorialized. He noted there were other roads in the City such as Ocean Avenue, Seacrest Boulevard, and A1A that are historic. In his view, the subject intersection was not historical at all. He understood a request was made to memorialize a specific person or make it a historic site and agreed with the Chair, if you start memorializing individuals or group, it is for the City Commission to discuss, and it opens up a Pandora's Box. The Statute designates both historic or memorial, but the HRC is focusing on a memorial. The act of painting an intersection in a City in America a memorial. Not every other City has done this so it is a historic act. A memorial can be to a person, entity, event, or a series of events. The event could be the vote of the Boynton Beach Commission to paint the intersection and take a public and positive stand towards the LGBTQ community. Attorney Torcivia explained if the first black lawyer in Florida was from Boynton Beach and his childhood home was in the City and his family later requested the house be memorialized, Attorney Torcivia hoped the City would do so. Anything in the City can be of note. Attorney Torcivia hoped if kids came with hammers and went after a plaque, there should be more than restitution. The Legislature went forward to pass this act and made it clear what it would cover, they gave the opportunity to the cities if something was memorialized and vandalized, they could be prosecuted with a felony. The representation they are requesting is very tiny perhaps 1% of the actual painting of the intersection. It appears the City already took the bold historic act and this just gives the City the opportunity to work with the Legislature and the State Attorney if something occurred. Ms. Crump empathized, and thought it was great the City painted the intersection and put on the display. Attorney Torcivia made a good point with legalization of gay marriages, but she is more confused how this would move forward or if it is something the Board has to approve, or discuss more with the City Commission David Katz, 67 Midwood Lane, stated 28 years ago in August 1993, he and another Commissioner tried to pass a Human Rights Ordinance in Boynton and Mr. Katz still has the plaque presented by Rand Hoch and Richard Giorgio as someone who fought for human rights. He disagreed with the plaque. The intersection in Delray that was desecrated was paid for by the County HRC and AIDS Healthcare Foundation. The one here in Boynton Beach was paid for by the City. He did not know why Boynton had to pay for the painting and Delray Beach did not According the Palm Beach Post, the perpetrator has the possibility to get six years in prison, so to say that nothing would happen to him is 4 Meeting Minutes Historic Resources Preservation Board Boynton Beach, Florida December 13, 2021 not true, but Mr. Katz thought they would look for restitution in terms of prosecution. Another thing in the article is Rand Hoch likened this to painting a swastika in front of a kosher deli. Someone on Mr. Katz's father's side, who lost people in the camps said this is nothing like what happened then. It is vandalism, but for the Palm Beach County HRC to portray it in the same light, and Mr. Hoch speaks for everyone, is horrible and offensive to him. He understood the person in the backup is Allan Hendricks. Mr. Katz noted Norman Aaron lived in Boynton Beach in the 70s, 80s and 90s who fought for human rights in the City, County and Country. He thought to put Allan Hendricks as the person was also obscene. He thought if the City Commission decides to create a plaque to memorialize this intersection, it better be Norman Aaron than Allan Hendricks because Mr. Hendricks has done nothing compared to Mr. Aaron. He thought they were creating a solution to a problem for something that does not exist. He thought it was bad enough the intersection was paid for with unbudgeted funds when two other organizations paid for the one in Delray. He noted that was not really the issue, but he wanted to put it on record because odds are the City Commission will read the minutes to see what he had to say, but if it comes before the Commission he will say the same thing. Ms. Sexton asked if this is an exact example of a historic marker that a group wants to have established at this intersection. She asked if there any other examples of historic markers in Boynton Beach that have a similar effect in Boynton Beach, such as for a pioneer of something. She was aware they have buildings and sites, but asked if they have anything like this where they are dedicating an intersection or specific place in town that this would relate to, as far as restitution or vandalism. Mr. Rumpf understood it is intersection specific and what is requested is for that site and for that purpose. Ms. Sexton asked if there were any other historic sites that have a plaque or marker and if the City was fearful that what happened in Delray would happen in Boynton. Mr. Rumpf responded they are really establishing some of the first historic site markers, and the Code of Ordinances has provisions on defacing public property. This is associated with a state statute that would be applicable, but the City has its own rules. Mr. Wilson understood if the intersection was defaced as occurred in Delray, what was brought up at the meeting is the plaque and the wording would allow the City to receive financial restitution from the perpetrator. The statutes on the City books deal with defacing any property and there would be a way for the City, if on City property or something the City applied on this intersection, The Code of Ordinances would protect the City where they would be able to ask for financial compensation against the person committing the crime. Mr. Rumpf stated in the past, but not recently. He did not believe it was a factor of the damage of the product, it was more of a flat rate penalty up to a certain amount in Court. Not restitution. 5 Meeting Minutes Historic Resources Preservation Board Boynton Beach, Florida December 13, 2021 Attorney Torcivia explained there is a historical trail and historical markers in Palm Beach County, but in Boynton Beach, there are three on the Palm Beach County Trail: the 1913 Schoolhouse, the Boynton Beach Woman's Club and Bethesda Hospital. Mr. Wilson commented each place that was referenced has historic significance of being 50 years old or older and designed by Mizner. Those locations have a wealth of historic information on them, but there is none for this intersection. Mr. Ramiccio commented Tom Kaiser Memorial Park comes to mind and there are some locations, but he agreed with the Board to deal with it just on face value. It is recognition to a group of residents that live in a community, that wanted to receive recognition by dedication of the Pride Flag at the intersection and the City Commission did that. The difference is the State Attorney is looking to prosecute and needs something to grab onto to prosecute and it is a different area. He thought it was vandalism to a certain intersection and he understood it is a personal attack. From a City standpoint, it is not applicable to law. Even the State Attorney, once it is memorialized, the State Attorney cannot prosecute that person anymore because it was not a hate crime against an individual or group of people unless it could be proven it is intentional. When the City dedicated the new City Hall, they could say it was a historic day, but for historic purposes, statutorily, it is not recognizable until 50 years from now, because it is not considered historic until it is 50 years old. Chair Ready did not believe they can recommend they move forward with a plaque honoring Allan Hendricks, but would recommend to the City Commission that they could dedicate it. She did not understand why having a ribbon cutting and painting does not prove its significance. Attorney Torcivia commented if they had known it before it was painted and the City had its ceremony and some sort of physical marker, the matter would have been solved. Mr. Ramiccio suggested working on a resolution because on law, it is more binding than a plaque. A plaque gives no legal authority or entity validity, historically or hate/crime wise. Chair Ready noted a resolution from the City Commission could memorialize it. Attorney Torcivia explained the distinction is it needs to be a memorial for this act to apply, in order to take stronger action. Chair Ready inquired if potentially spending six years in jail is sufficient punishment for tire tracks. Attorney Torcivia commented she heard it was a misdemeanor and the perpetrator had offered to pay the repair, which had not been requested. Attorney Torcivia had not heard about six years and noted misdemeanors typically have light penalties. Attorney Torcivia commented Boynton Beach is wonderful city and has done incredible things. There are a lot of LGBTQ everywhere that have had terrible things done. It is a different thing to do tire tracks on LGBTQ and on a piece of asphalt because it is intentional. The goal is to say we do not agree. When people commit violent acts against a group, and nothing is done, it empowers other people to commit atrocities. She recalled a young person who went to a church in South Carolina and killed them after he worshiped with them. Attorney Torcivia thought it was not the same. 6 Meeting Minutes Historic Resources Preservation Board Boynton Beach, Florida December 13, 2021 Ms. Sexton noted Attorney Torcivia is not looking for a historic designation, but rather a memorial, but it is not within the Board's purview. The City Commission is seeking the Board's recommendation and Chair Ready thought a recommendation should be given. Mr. Wilson commented the Ordinance suggested a historic person which is why the City Commission referred it to the Board. Chair Ready thought someone may want to research the individual referenced by Mr. Katz and see what they did for the City years ago as he may be someone worthy of a plaque. Mr. Wilson inquired what Delray did about this. It was noted the same letter was sent to Delray Beach. The statute references a historic site and/or historic person. Attorney Torcivia noted it also says or the past of present public service of a resident of the geographic area of the state or United States and it lists several memorials. Mr. Katz commented if the Board decides to make a motion to send it back to the City Commission with a recommendation of no, but if in the motion, if the Commission is going to look at some sort of memorial or plaque honoring a person, that they could look at other people other than one person. It could be for other residents. If Rand Hoch and the Palm Beach County Human Rights Council decides to use the name of Norman Aaron and pay for the memorial, Mr. Katz would support the, but if not, there would be a problem. Attorney Torcivia offered to pay for the plaque. Motion Mr. Ramiccio moved the Historic Resources Preservation Board recommend to the City Commission they draft a resolution memorializing the intersection so it has the teeth the State Attorney needs to enforce the laws that he sees fit. Ms. Sexton seconded the motion. Mr. Ramiccio commented this would be done in a legal way. The motion passed unanimously. 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. Mr. Rumpf commented the past few meetings, the members discussed the long-range plan. Mr. Rumpf identified six different priorities, which were: • Program staffing • Updating and maintaining current inventory of historic sites. Mr. Rumpf explained there has been a couple inventories of historic sites in the City. The properties have to be 50 years or older to be eligible for historic designation. The Board had also previously spoken about using internships to assist with these tasks. It is a prerequisite for historic designation and historic districts. 7 Meeting Minutes Historic Resources Preservation Board Boynton Beach, Florida December 13, 2021 • Identification of Historic Districts. There was one attempt in the past. It requires a vote from the property owners in the district with 51% supporting the designation. • Program promotion and education was supported • Fundraising and budget allocation cost money to hire staff and operate some of the program. State Grants are limited in terms of what they can be used for. The members discussed fees such as developer related fees, a CRA partnership to use some of their funding resources and request City funding through the budget process. The first propriety is staffing. Mr. Rumpf explained he is filling in for the Historic Resources Preservation Planner, but he is not a Historic Resources Preservation Planner. • Paint-up, fix-up program - incentives, grants or other funding sources. Mr. Rumpf explained the budget for 22/23 cycle starts in the early part of the year. Their next meeting falls in February, which is the beginning of the kick off. When notified the budget process is beginning, the first deadline they are given Is two or three weeks later and it is a request for changes in personnel. They will discuss this internally with staff by January 2 because they do not know when the schedule is given to department heads. Mr. Rumpf reviewed program staffing. There was consensus the Board wanted a full- time planner. He advised he introduced on of the planners in the department to the historic preservation program and he may start coming to meetings. A Historic Preservation Planner will have someone on staff to supervise. There could be some cross training. Motion Mr. Ramiccio moved to support hiring a full-time historic preservation planner. Ms. Sexton seconded the motion. The motion passed unanimously. Ms. Sexton asked if they can request the City Commission budget funds to promulgate a historic resource survey. They do not have a current survey. It was noted Dr. Lowe, who is in charge of the History Department at FAU, offered FAU interns to come and help with the update. The inventory has not been updated since 1996. They need funds for this. Mr. Ramiccio thought $150K to $200K with benefits was appropriate. Mr. Rumpf noted there is competition for funds and other needs are keen. He will have to strategize how it will fit into the department. There is staff turnover planned, including his retirement, and a position was eliminated so they are waiting to see if it would be reinstated. There is discussion of a Transportation Planner for the Complete Streets and Mobility Plan. The Board had discussed putting something in writing and sending it to the City Commission. They will also have new elected officials in 2022.The top priority is a full-time planner, and funding the plaque program. 8 Meeting Minutes Historic Resources Preservation Board Boynton Beach, Florida December 13, 2021 Chair Ready pointed out their potential Historic District is endangered as the Florida Department of Transportation is coming down Boynton Beach Boulevard and will likely take one of the homes. Ms. Sexton had a property there and three years ago FDOT stated what they were going widen Boynton Beach Boulevard and discouraged any designation. Discussion followed about the plans for the road. Mr. Wilson recalled there was a beatification plan from FDOT from 1-95 to Federal. Ms. Sexton commented the plan she was shown was they pushed the streets to where the buildings are now on Boynton Beach Boulevard and took the intersection and made it a grand boulevard entrance. Mr. Wilson believed there was supposed to be a landscaped median there, but he believed the plan was only supposed to be four lanes. The lanes would be squeezed to accommodate the median and bike lanes. It was also noted the CRA owns a lot of land on the north side. Mr. Rumpf commented Mr. Wilson was discussing a CRA Streetscape design. They were finalizing it, but the Mayor influenced a modification to introduce a bike lane. He believed it would be moving forward and he will look for the right of way drawings as one or two homes will be significantly impacted. This would be west through 8th and east, but the closer to Seacrest, the less impact there is and the streetscape improvement plan will be the remainder of that. It will be coordinated with the Town Square frontage, sidewalk and concrete beautification. They were contacted by one or two business owners as there is a taking process. In the newest CRA plan for the redevelopment area, thee is a recommendation for a district. He reviewed the Cottage District and the proposed Historic District. The Cottage District project is a CRA project between 4th and 5th Avenues and to the south of that is earmarked for a proposed historic district. The area has not been surveyed, but it was a recommendation in the CRA plan. Mr. Rumpf can bring plans, they want the homes to meet the minimum standards. A developer for the Cottage District has been selected by the CRA. The members would like to encourage historic facades. Mr. Rumpf explained they will at one point get a final submittal and bring them to the Board. Mr. Wilson stated there are a few wood framed homes from the 30's and the 40's and some historic homes on NE 3rd Avenue. 6. 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. This item was previously addressed. 7. Other Chair Ready asked for updates for the Magnuson House. Mr. Rumpf explained the top candidate is Troy's Barbeque and they are partnering with another restaurant operator. They hired an architect and landscape architect. Because it is a historic structure, the building may require significant upgrades. The majority 9 Meeting Minutes Historic Resources Preservation Board Boynton Beach, Florida December 13, 2021 of the repairs would be to the exterior and they would use containers. The project can comply with building codes with the containers. It would have to go through the Certificate of Appropriateness process and come before the Board. 8. Comments by members Chair Ready announced the Historical Society is having its Third Annual Dinner on January 15th, with the Florida Highwaymen Art Show and Sale at the Old High School. 9. Public comments 10. Announce date of next meeting — February 14, 2022 11. Adjournment There being no further business, Chair Ready adjourned the meeting at 8:13 p.m. f r ILAI Catherine Cherry Minutes Specialist 10