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Minutes 12-03-24 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, December 3, 2024, at 6:00 P.M. Present: Mayor Ty Penserga Daniel Dugger, City Manager Vice Mayor Aimee Kelley Shawna Lamb, City Attorney Commissioner Angela Cruz Maylee De Jesus, City Clerk Commissioner Woodrow L. Hay Commissioner Thomas Turkin 1. Agenda Items A. Call to Order— Mayor Ty Penserga Mayor Penserga called the meeting to order at 6:04 P.M. Roll Call City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Commissioner Woodrow Hay Invocation was given by Commissioner Hay. Pledge of Allegiance to the Flag led by Commissioner Woodrow Hay The Pledge of Allegiance was led by Commissioner Hay. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Penserga requested a discussion on the Andrews House. Commissioner Turkin proposed implementing a hard impact fee to fund historic preservation projects, which received consensus for addition. He also requested an update on the beautification committee or board and noted unallocated funds for a Senior Advisory Board prom. He suggested adding Dewey Park tree lighting as a future agenda item. Commissioner Hay added Community Support Funds for $500 to Friends of the Family for the Holiday Dinner Baskets program. City Commission Meeting Boynton Beach, FL December 3, 2024 Commissioner Cruz requested that the $10,000 allocated for the Senior Board is utilized correctly. 2. Adoption Motion: Commissioner Turkin moved to approve the agenda, as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission Commissioner Cruz disclosed that she received multiple emails regarding the Andrews House. Commissioner Hay disclosed that he also received calls and emails about the Andrews House. Commissioner Turkin disclosed that he also received calls and emails about the Andrews House. Mayor Penserga disclosed that he also received calls and emails about the Andrews House. 3. Announcements, Community and Special Events and Presentations A. Proclamation for December 2024 as Impaired Driving Awareness Month. Mayor Penserga read the proclamation into the record. Keri Gayle, Palm Beach County Victim Services, spoke about the Impaired Driving Awareness Month event that will be happening at the amphitheater. Sgt. Munro spoke about the event and thanked the Mayor and Commission for allowing them to have this each year. B. Announcement- Vegetation Amnesty Week from December 9th to December 13th for residents. Mayor Penserga announced this event. C. Announcement- Pearl Harbor Remembrance Day Ceremony. 2 City Commission Meeting Boynton Beach, FL December 3, 2024 Mayor Penserga announced the event. 4. Public Comments on Consent Agenda Items Public Comments on Consent Agenda Items: Any citizen may be heard concerning any matter on the Consent Agenda. Speakers will be limited to 3-minute presentations (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission). David Katz congratulated Commissioner Cruz on running unopposed and spoke about the upcoming elections and candidates. David Merker also congratulated Commissioner Cruz and mentioned his candidacy in the election. Oletha Bloom thanked the City for approving the Adult Daycare and said that they just celebrated its grand opening, highlighting the services provided. Ginger Peterson, speaking on behalf of the group present, advocated for saving the Andrews House, emphasizing its historic value and construction with Dade County Pine wood. Phil Toronto discussed finding a new venue for his project, allegations of corruption, and his intention to sue the City. Tom Warnke requested a resolution to save and move the Andrews House, emphasizing its historical importance. Mike Fitzpatrick shared historical information about the Build Playground. Dominick Vargas called for an investigation into a DUI event incident, citing a breach of trust. Charles Hunt reiterated concerns about code violations and fines, alleging disproportionate impact on Black Americans and seeking Commission assistance. Cindy Falco De Corrado addressed FPL light outages, historical preservation, and aesthetic concerns around Seacrest. Steve Antoine emphasized preserving the City's history, including the Andrews House, to inspire pride in local heritage. 3 City Commission Meeting Boynton Beach, FL December 3, 2024 Susan Oyer urged saving and relocating the Andrews House, advocating for a Historic Preservation Officer and a central historical destination. Mark Karageorge supported moving and preserving the Andrews House. Barbara Ready called for designating the Andrews House as a protected historical site and requested Commission/CRA assistance. Jim Ciszik thanked the Commission for Veteran support, inquired about after-hours parking, and encouraged cooperative funding for senior activities. Courtland McQuire wished everyone Happy Holidays, supported saving the Andrews House, questioned project transparency, and addressed personal remarks from David Katz. Sandra Watson highlighted the Boynton Beach Women's Club's upcoming centennial and the Senior Advisory Board's funding issues for planned events. Victor Martell expressed support for preserving the Andrews House. Randall Gill, former Boynton Beach Historical Society President, stressed the importance of saving the Andrews House and honoring local historical figures like Dr. Weems. Flynn Holland discussed the need for bulk amnesty and advocated for saving the Andrews House and supporting small businesses. Mary Law emphasized preserving the Andrews House and its historical significance. Ann Remler, Boynton Beach Historic Society President, urged moving the Andrews House to ensure its preservation. Virtual Comments: Luann More attempted to address comments from the November 19, 2024 City Commission Meeting, but was experiencing audio issues. Mayor Penserga closed public comments. 5. Administrative A. Advisory Board Appointments. 4 City Commission Meeting Boynton Beach, FL December 3, 2024 Motion: Commissioner Turkin moved to approve Michael Corbett for the Affordable Housing Advisory Committee. Commissioner Hay seconded the motion. The motion passed unanimously. Motion: Commissioner Hay moved to approve Kerry Linton for the Affordable Housing Advisory Committee. Vice Mayor Kelley seconded the motion. The motion passed unanimously. Motion: Mayor Penserga moved to approve Christopher Plummer as a Citizen who is actively engaged as a not-for-profit provider of affordable housing, for the Affordable Housing Advisory Committee. Vice Mayor Kelley seconded the motion. The motion passed unanimously. A. Community Support Funds Motion: Commissioner Hay moved to approve $500 from his Community Support funds for Dinner Basket. Vice Mayor Kelley seconded the motion. The motion passed unanimously. 6. Consent Agenda A. Proposed Resolution No. R24-305- Approve the Second Lease Extension Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency, extending the current lease for twelve (12)additional months for the use of property located at 511 E. Ocean Avenue, Boynton Beach, FL 33435. B. Proposed Resolution No. R24-306- Approve the renewal of insurance policy for flood insurance coverage with Wright Flood for the policy with an effective dates of December 9, 2024. C. Proposed Resolution No. R24-307- Authorize the Mayor to complete the America Is All In All-of-Society Letter sign on statement form to reaffirm commitment to climate action and resilience. D. Proposed Resolution No. R24-308- Approve Boynton Beach Fire Rescue to donate vehicle number 8706, 2007 Wells Cargo Trailer valued at $3,000 to Boynton Beach Fire Firefighters Benevolent Association. 5 City Commission Meeting Boynton Beach, FL December 3, 2024 E. Proposed Resolution No. R24-309- Approve a change order/increase for PO 241274 - 2GHO, Inc., Landscape Architects, in the amount of $25,404 for a new total amount of $60,214, due to Additional Professional Landscape Architectural and Engineering Services for the Sara Sims Memorial Park Expansion project. F. Proposed Resolution No. R24-310- FY2024-25 Budget Amendment modifying various Funds to address FY2023-24 Purchase Orders (Encumbrances). G. Commission Meeting Minutes. Motion: Commissioner Turkin moved to approve the consent agenda. Commissioner Hay seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases over$100,000 A. Proposed Resolution No. R24-311- Approve the purchase of vehicles and equipment by utilizing the rates of the Florida Sheriff's Association Contract FSA24-VEL32.0, the Florida Sheriff's Association Contract FSA23-EQU21.0, the Florida Sheriff's Association Contract FSA23- VEH21.1, the Sourcewell Contract 091521-NAF, the Sourcewell Contract 032824-NAF, the City of Tallahassee Contract 5179-MY25, and the State Contract- 25100000-23-STC, for an estimated total amount of $4,736,000, plus a contingency of twenty-two percent (22%) $1,041,921 for increases should the vehicles and/or equipment no longer be available and new models be delivered. B. Proposed Resolution No. R24-312- Award of Invitation for Bid No. WH24-079 for the Annual Supply of Aftermarket Automotive Parts, Accessories, and Supplies to the Parts House, Vehicle Maintenance Program, and Advance Stores Company, Inc. with an annual expenditure not to exceed $200,000 for each vendor per year. C. Proposed Resolution No. R24-313- Authorize the purchase of Avigilon Security Cameras for City Hall, Fire Stations 3, and Sara Sims Park camera replacement projects, and increase the annual expenditure for the City's piggyback agreement with Broadcast Systems, Inc. for Information Technology Related Services utilized by Police and ITS, by increasing the annual not to exceed amount to $750,000. Motion: Vice Mayor Kelley moved to approve the remainder of Consent Bids and Purchases over 6 City Commission Meeting Boynton Beach, FL December 3, 2024 $100,000. Commissioner Hay seconded the motion. The motion passed unanimously. D. Proposed Resolution No. R24-314-Approve the purchase for the replacement of Pool Heaters at Denson Pool, related to the project Denson Pool Heater Replacement, with Symbiotic Service Corp., which is scheduled in the FY2025 proposed and adopted Fund 303 CIP plan, for a budgeted amount of $100,000. Commissioner Turkin pulled Item 7D, for discussion. Kevin Ramsey, Interim Public Works Director, stated that the pool heater is scheduled for replacement. Commissioner Turkin inquired if fees are currently being charged at the pool. Fabien Desrouleaux, Director of Parks and Recreation, clarified that while some fee adjustments were addressed in a previous Commission Meeting, they were unrelated to the current matter. He noted that the current fees are $1.00 for residents and $4.00 for non-residents. Commissioner Turkin requested adding a senior fee discussion to a future agenda. Vice Mayor Kelley thanked Mr. Desrouleaux for promptly addressing resident concerns about swimming options and reimbursing residents for using a nearby pool. Motion: Commissioner Turkin moved to approve Resolution No. R24-314. Commissioner Hay seconded the motion. The motion passed unanimously. 8. Public Hearing - None 9. City Manager's Report- None 10. Regular Agenda A. Discussion on the palette color chart to choose for the project Ocean Avenue Streetlight Improvements. Jose Murray, Public Works Project Manager, reviewed the project as follows: project overview/scope; site location/aerial; Ocean Avenue current streetlight color; Pole Color Selection, Factors to consider, Teal/Turquoise and Black; and conclusion of survey. Mayor Penserga left the dais at approximately 7:20 P.M and returned at approximately 7:24 P.M. 7 City Commission Meeting Boynton Beach, FL December 3, 2024 Commissioner Turkin stated that the survey results showed 84% of respondents preferred the color teal. Commissioner Hay mentioned that this project has been a topic of discussion for years and that teal adds a unique character to the City. He suggested repainting the current black poles teal and expressed satisfaction that the public's preference was heard, noting that teal would enhance the City's beauty. Vice Mayor Kelley agreed with the consensus for teal. Deputy City Manager Andrew Mack stated that the survey displayed the original color options for reference. Commissioner Hay requested that when the roundabout poles are repainted in the future, they be returned to teal. Commissioner Cruz supported the choice of teal, emphasizing its cultural significance. She thanked staff for organizing the survey. B. Discussion on the palette color chart to choose for the project Ocean Avenue Streetlight Improvements. City Attorney Lamb reviewed the residency requirements as follows: Article 1, Section 3; what is the role of the City Clerk in Verifying Forms?; Challenge; Residency Requirements; City of WPB Residency Requirements; City of Boca Raton Requirements; and City of Doral Requirements. Commissioner Turkin spoke about the need to tighten residency requirements and verify that individuals serving on the Commission live in the City. He highlighted a potential vulnerability in the code that could allow individuals living outside the City to hold a seat on the Commission. Mayor Penserga stated that he is not in favor of making changes at this time, but is open to further discussion. Commissioner Hay expressed opposition to making changes during the current election cycle and to the two-year residency requirement. He emphasized the importance of Commissioners remaining in the districts they serve, while ensuring the process does not become overly restrictive. He noted that this issue is worth examining further. 8 City Commission Meeting Boynton Beach, FL December 3, 2024 City Attorney Lamb clarified that any changes made would not apply to current candidates. Commissioner Hay reiterated the importance of Commissioners staying in their respective districts throughout their terms. Mayor Penserga raised concerns about potential loopholes and accusations related to residency. City Attorney Lamb confirmed that the ordinance under discussion pertains only to residency requirements. Vice Mayor Kelley supported the two-year residency requirement, noting that it would prevent individuals from using the City as a steppingstone for political ambitions. She suggested reviewing Doral's language regarding maintaining residency within the City. Commissioner Cruz supported reviewing residency requirements, emphasizing that representatives should live in the City. She shared her personal experience of living in District 3 before moving to District 1. However, she added that the rules should not prevent individuals from purchasing homes in different districts. City Attorney Lamb suggested drafting language that ensures individuals remain in the City. Commissioner Cruz recalled a situation where someone sold their home but rented within the same district, emphasizing the importance of maintaining residency. City Attorney Lamb agreed to provide information from other cities. City Attorney Lamb also asked the Commission if they wanted to schedule a Shade Meeting regarding the Little League Agreement, proposing December 17 as a potential date. Vice Mayor Kelley stated that she would be unable to attend on that date, due to a scheduling conflict. Commissioner Cruz suggested individual conversations with the City Attorney to receive updates. City Attorney Lamb confirmed that individual meetings could be arranged if needed. 9 City Commission Meeting Boynton Beach, FL December 3, 2024 Commissioner Turkin requested additional information regarding the bond for election signs. City Attorney Lamb stated that no other city has addressed this bond. Mayor Penserga confirmed the Shade Meeting, and there was consensus. Mayor Penserga requested staff to explore locations for moving the Andrew House. Commissioner Turkin mentioned measuring the property and believed there was space to move it to the Magnuson House. He supported staff exploring the logistics and funding for the move. Mayor Penserga stated that CRA involvement would depend on eligibility criteria and suggested exploring funding sources. Commissioner Hay supported moving the Andrew House. Vice Mayor Kelley agreed and emphasized the need to preserve the structure after relocation. She highlighted the importance of exploring thorough options, including the Magnuson House concept. Commissioner Cruz supported preserving the Andrew House and suggested its potential use as a museum. She expressed optimism about finding a solution with collective effort. Mayor Penserga appreciated the ideas shared by residents and requested a timeline for obtaining quotes. Deputy City Manager Mack estimated that quotes could be gathered by the end of January, noting that completing the work would take longer. Commissioner Turkin emphasized the significance of costs and suggested developing a funding mechanism to expedite the project. Vice Mayor Kelley recommended staff evaluate available options, including modifications to the art impact fee. Commissioner Cruz acknowledged the urgency of the matter and supported swift action. City Attorney Lamb suggested including Amanda Radigan in the discussions. 11. Future Agenda Items 10 City Commission Meeting Boynton Beach, FL December 3, 2024 A. Discussion regarding an update on the Tennis Court improvements. - December 17, 2024 B. Draft review of Procurement Policies and Procedures, including local business preference. - February 18, 2025 C. Discussion regarding Rapid Re-housing Program - Pending meeting with Mayor Penserga D. Discussion regarding combining City properties together to create senior affordable housing . - Pending meeting with Mayor Penserga E. Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.- Pending meeting with Commissioner Cruz F. Discussion regarding Hazard Pay for Community Standards.- Pending meeting with Commissioner Cruz G. Discussion regarding requirements for Advisory Board Appointments.- Pending meeting with Vice Mayor Kelley H. Discussion regarding how to attract more affordable housing within the City.- TBD 12. Adjournment Mayor Penserga requested an update on EcoPark. There was consensus. Motion: Commissioner Hay moved to adjourn the meeting. Commissioner Cruz seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 8:07 P.M. CITY OF BOYNTON BEACH ATT c I ANY 6 k Maylee Dt Je. s, MPA, MI55 City Clerk 11 BECKER& BECKER LAW OFFICES 2300 Barrington Road Suite 400 Hoffman Estates, Illinois 60169 Tel: 847-382-9568 Fax: 847-382-9567 beclaw@att.net December 2, 2024 Ms. Shawna Lamb, Esq City Attorney City of Boynton Beach 100 E.Ocean Avenue Boynton Beach, FL 33435-4515 Dear Shawna: Re: Prime Time Sports Group LLC("Prime Time") Please be advised that my office along with Attorney Jerome Levin have been retained to represent Prime Time and Phil Terrano in connection with an alleged breach of contract and other potential causes of action committed by the City of Boynton Beach, Florida ("City"). That as you are aware, on or about November, 2022, my client's project was approved by the Commission and voted 5-0 to proceed. Furthermore, this was formalized in a contractual relationship between my client and the City. My client performed each and every part of his obligations pursuant to the Agreement. The Agreement was a comprehensive agreement for a ground lease and a training facility("Agreement") and the date of the Agreement was November 1, 2022. The Agreement in essence was to build a training facility on the complex. After the Agreement was signed by all parties,my client spent considerable time and money working on this project. Much delay was caused by permitting Barwis Methods to secure a lease to control Field Number 1. Unfortunately,on or about December 7,2023, the City, by phone call and letter, requested that Prime Time produce evidence of its financial ability to complete the project. As you must be aware, some of the project details were still being discussed. Of course,my client did not possess all the financial means to do the project himself; rather,as with most other projects, my client was actively seeking the financial assistance and investors necessary to finance the project. In preliminary discussions, my client discovered that the financiers and/or investors were extremely Interested, but prior to any formality, the final details of the project would have to be developed and agreed by both the City and my client. There was no indication whatsoever that my client could not complete this project. Furthermore,the City Manager, Daniel Dugger, had asked for significant changes to the project. We contend we will prove in court that the City's request for financial information from my client in turn was a means for terminating the contract on or about February 16, 2024, which was an alleged breach. According to Paragraph 17.1.2,the basis for terminating is insolvency. Prime Time, however,showed that it is neither insolvent or in financial hardship. This letter shall serve as notice that we intend to file a lawsuit within 10 days of the date of this letter if we do not reach an amicable settlement. My client hereby demands$600,000 front he City for damages incurred. This number does not factor the significant benefit of the bargain my client lost by the failure of the City to complete the terms of the Agreement. Further, previously Attorney Arthur Schofield had requested and demanded that the insured's coverage information be disclosed to my client pursuant to Section 627.4137 of the Florida Statutes. To my knowledge,there has been no compliance with this request. We urge you to communicate this information to your client so we can reach an amicable solution. Sincerely • a r, Esq orney at Law MB:ces 4 • SERVICES AMAZINGLY Chines E. Hunt October 29.2024 c1 err Woo L. Wa/ 954j� Adam N.Temple; �- 6 GJ'u t 5`5 t GPietist Reply / Boynton Beerch FL Assistant City&imager 1 1330 NW let Cowl =East Ocean Avenue -Boynton Belch FL 33435 Boynton Beech FL 33435 Deer Mr Towle:unit this time,i haven't heard anythhg but good reports abort you.Therefore,we ere highly ttniled to be working with you. Needlessly se%our mein complaint is the unjust.bias,and harassing bailment that we ay from doer dweller Bien-Aisne.Wher+ees, he is lata us horrraownew that he only&kg his jab.Which that statement leads us to think that there must be someone einewifhin his change of commend forcing these attack.We do understand that his blood sister may bea part of his chums of commend,which we think is a conflict of interest as their familial ties could i fluenoe their judgment in favor of unfair or biased decisions#het may not be h the best interest of the pubic. Taloa me for example,I was cted for having something else under ay car port other than acer.Not only me bit. merry other senior doers was cited likewise.Offer Bien-Aire use the statement,no outside storage is stowed. !f we can't atom outside of otr homes,then where should we store.when we are storage oonteiners? Nonetheless,after attending the est hearig.I made the necessary adjustments fief:was offered by the Special Magistrates see attachments, But I didn't make the second heeling do to high blood pressure:them Officer Bien-Aire adrieee the Magistrate that I didn't do any thing h conddion to his este up;which is not aocus please see attached Hooeeear i am being dialoged$75 a day Needless to seat that we strongly be leave that these type attacks is ahyaoaui g in the Rofing( een complex rs� De Jesus, Maylee From: City Clerk Sent: Tuesday, December 3, 2024 3:15 PM To: De Jesus, Maylee Subject: FW:Andrew's House Hi Maylee, Please see below email addressed to the commissioners for tonight's meeting. From:aeckelson <aeckelson@yahoo.com> Sent:Tuesday, December 3, 2024 2:51 PM To: City Clerk<CityClerk@bbfl.us> Subject:Andrew's House This Message Is From an Untrusted Sender You have not previously corresponded with this sender. Dear commissioners, Please use the correct judgement while. determining the fate of the Andrew's House. History is rapidly disappearing in Boynton and the only one gaining are the greedy developers who have no care for our community. If we destroy all history how do future generations learn and grow into a better society?This entire act is nothing short of corporate greed. We have thousands of condos and only a few historical structures left. Is it not cruel to let our city die by degrees, stripped of all her proud monuments, until there will be nothing left of all her history and beauty to inspire our children. If they are not inspired by the past of our city,where will they find the strength to fight for her future?" -Jaqueline Kennedy Please do what's right for the most people and not get lost in more development which will only add to the greed, crime and oversaturation of Boynton. Thank you, Alana Eckelson 1 De Jesus, Maylee From: Delorme, Keysiera Sent: Monday, December 2, 2024 10:32 AM To: De Jesus, Maylee Subject: FW: Please include in the Dec 3rd meeting. PIs let me know you received this. Should I do anything with this? Keysiera Delorme Administrative Coordinator- City Clerk Y 04t• City Clerk's Officero Mailing Address: P.O. Box 310 I Boynton Beach, Florida 33425 Physical Address: 100 E. Ocean Ave. I Boynton Beach, Florida 33435 ` 561-742-6368 ti� � ( • DelormeK@bbfl.us I Q boynton-beach.org/ 0N Follow us on © gri © (•' MYBOYNTON APP! Please be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. Under Florida law, email addresses are public records.Therefore,your email communication and your email address may be subject to public disclosure From: ArtSea Living<artseababsl@gmail.com> Sent: Monday, December 2, 2024 10:10 AM To: City Clerk<CityClerk@bbfl.us> Subject: Please include in the Dec 3rd meeting. PIs let me know you received this. This Message Is From an External Sender This message came from outside your organization. To the Honorable City Commission of Boynton Beach: We are writing on behalf of ArtSea Living, a proud Boynton Beach business since 2003, to express our strong support for preserving and relocating the historic Andrews House. Unfortunately, we are unable to attend the meeting on Tuesday, December 3, 2024, but we feel compelled to share our thoughts and encourage the Commission to take action. f The Andrews House is the **oldest surviving historic home in Boynton Beach** and a vital piece of our city's history. It stands as a testament to our rich heritage and represents an opportunity to create a unique and vibrant space that aligns with the vision of a walkable, thriving, unique downtown. As a longtime Boynton Beach business, ArtSea Living would be honored to relocate into the Andrews House and make it our new home. We can easily imagine this historic space bustling with creativity and community, just as we've envisioned for years. Truly, any business would be blessed to occupy such a charming and iconic location. We believe the Andrews House has incredible potential. If relocated to a safe and permanent location next to the historic Magnuson House, it could serve as a beautiful home for boutiques, small businesses, or cultural spaces. Together, these historic homes would embody the charm and character that residents and visitors alike value in Boynton Beach. We urge the Commission to: 1. Pass a resolution supporting the preservation and relocation of the Andrews House. 2. Commit to working with the "Move Historic Andrews House" group and other dedicated preservationists to secure funding and facilitate the move. Your leadership and support are crucial to preserving this irreplaceable piece of Boynton's history. By taking action now, you can ensure that future generations can enjoy and appreciate the Andrews House as part of our city's story. Thank you for considering this important matter. ArtSea Living stands ready to support these efforts in any way we can and would be thrilled to assist in the continued vibrancy of Boynton Beach, the City we love! Sincerely, Barbara & Samantha LENTZ ArtSea Living 412 East Ocean Avenue, #1 2 i Boynton Beach, FL 33435 www.ArtSeaLiving.com 561-737-2600 3