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Minutes 02-03-15PRESENT MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON TUESDAY, FEBRUARY 3, 2015 AT 6:30 P.M. Jerry Taylor, Mayor Joseph Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner 1. OPENINGS 1 Lori LaVerriere, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk A. Call to Order - Mayor Jerry Taylor Invocation by Rev. Georgia Hillesland of Boynton Beach Congregational Church Pledge of Allegiance to the Flag led by Mayor Taylor Mayor Taylor called the meeting to order at 6:31 p.m. Roll call revealed all were present. An Invocation was given by Reverend Hillesland followed by the Pledge of Allegiance to the Flag led by Mayor Taylor. Agenda Approval: 1. Additions, Deletions, Corrections Staff had requested that Item 6.F be removed from the agenda. Motion Vice Mayor Casello moved to remove Item 6.F from the agenda. Commissioner McCray seconded the motion. Vote The motion passed unanimously. Vice Mayor Casello pulled Item 6.0 for discussion. 2. Adoption MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL Motion Commissioner McCray moved to approve the agenda as amended. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously. 2. OTHER A. Informational items by Members of the City Commission Commissioner Fitzpatrick had participated in the following events: • Galaxy Elementary Education initiative announcement with Governor Scott • MPO (Metropolitan Planning Organization) Rolling Retreat • Great Gatsby Event • Dr. Martin Luther King Banquet and March • Implicit Bias training • Four Chaplains Veteran Ceremony Vice Mayor Casello disclosed he had spoken with Attorney Peter Sachs and Attorney Marty Perry. He had gone to the Four Chaplains Ceremony. The 2015 City of Boynton Beach Annual Financial Report and calendar were ready for distribution, thanks to the efforts of Eleanor Krusell, Communication Manager. Commissioner Merker disclosed he had met with Attorney Martin Perry. Commissioner McCray had attended the announcement at Galaxy Elementary by Governor Scott, the MLK Banquet and the Armenian Genocide performance at FAU (Florida Atlantic University). Mayor Taylor disclosed he had spoken with Peter Sachs by phone and met with several residents from the area of the Casa Del Mar project. The City Manager and Mayor had gone to Tallahassee and met with nine representatives to discuss issues pertaining to Boynton Beach, including sober homes, business taxes and monies available for special projects. It was a very productive trip. Mayor Taylor chaired the Employees' Pension Board meeting and attended the Four Chaplains event. There was also a formal luncheon at the Woman's Club that he attended. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 2 FEBRUARY 3, 2015 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL FEBRUARY 3, 2015 A. Presentation of a plaque by the Mayor to Boynton Beach High School student/athlete Lamar Jackson. Lamar, a senior, is the first football player from Boynton Beach to win the Lou Groza High School Player of the Year Award, capping off an outstanding career. The Lou Groza Award is Palm Beach County's top honor for high school football players, and has been presented annually since 1992. Lamar Jackson was given a plaque in recognition of his achievement of being selected as Player of the Year for his excellent performance during the football season. The award is the top honor for football players in Palm Beach County. He was honored with a standing ovation. He is the first Boynton Beach player to receive the award. Mr. Jackson thanked the City of Boynton Beach and Commission for the recognition and thanked his teammates for their assistance in his attaining the award. He thanked his Mom, the Principal and Coach Wayne. Vice Mayor Casello added Mr. Jackson was a great athlete and had a future in professional football based on his high school performance. B. The first City Commission meeting in March will be held on Monday, March 2, 2015 to accommodate the City Commissioners who will be attending Palm Beach County Days in Tallahassee. A change in the date for the first City Commission meeting in March was announced. The meeting would be held on Monday, March 2 C. Beginning February 17, the Denson Pool will be closed so that it can be resurfaced. The pool will remain closed for a maximum of 45 days. Mayor Taylor announced the closing of Denson Pool for resurfacing starting on February 17 Commissioner McCray inquired about the status of the lifeguards during the 45 days of closure. Wally Majors, Director of Recreation and Parks, responded the County had been contacted to maintain the practices for the swim team that would involve some of the lifeguards. The supervisor of the pool and lifeguards had been directed to contact Human Resources to determine the types of work the lifeguards could be assigned on a temporary basis. It was hoped they could be utilized in the after school program. Commissioner McCray wanted informed on the plan and status of the lifeguards. D. Update by Commissioner Fitzpatrick on the Lake Ida property The 2004 Greenway /Bike Master Plan was the basis for Commissioner Fitzpatrick's idea of utilizing the Lake Ida property. The bridge to Lake Ida Park was outlined and the underpass below 1 -95. The Commission in 2004 approved the Master Plan with three votes. First, to provide $60,000 for the civil engineering study that included holding 3 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL FEBRUARY 3, 2015 charrettes and talking with stakeholders. The second vote accepted the concept and the third vote was to include the Greenway Plan into the City's Comprehensive Plan as Policy 5.2.8. A map of the exact location was displayed. The parcel is landlocked. Commissioner Fitzpatrick referred to the 2007 proposed Lakeside Trail, 20 -house development for the 23 acres north of the site. There are lots in the area to trade for access. If docks are included with the five or six proposed homes, they will need permission to cross City land for their access. To better ,understand the concept of the Greenway /Bikeway, Commissioner Fitzpatrick reviewed the plans of Boca Raton for their portion of the Greenway /Bikeway. Their route includes underpasses to connect the sections for bikers and walkers and runs near the Tri Rail tracks with twelve -foot sidewalks. It is a trail complex totaling six miles that is unfinished at this time. Commissioner Fitzpatrick envisioned three phases. First, there would be mitigation after the purchase to change the plants along the route. Volunteers could be used to clean up the area and replant. It could take up to five years with an annual cost of perhaps $5,000 to cover supplies, tools and $2,000 a year for native plants. Phase two would include actual development. Mr. Kalra owns the access property and advises he has no immediate plans. Development would start when the property is sold to a developer or partner with a developer. The developer and City would have to agree to concessions for access and to pay for many of the improvements. There would be expenses for a wider sidewalk, creation of a littoral zone and establishment of a parking lot and further improvements in the future. Phase three encompasses the connectivity issues with a bike /pedestrian bridge across the L30 canal that would have to be done after phase two. There would be no public access to the park during phase one and phase two. The City would have no cost for the bridge because the Palm Beach County Metropolitan Planning Organization would absorb the expense if it involves a link to the Tri Rail station in Delray and would be a local project. The underpass under 1 -95 can be fully funded by the Florida Department of Transportation as a local option. Data shows property values increase by 2% in a half mile radius of a greenway /bikeway. In the long run, if Girl Scout Park, the FP &L property and a small area owned by Bethesda Hospital could be utilized to connect the areas, it will improve the quality of life for thousands of houses. The County gave a conveyance to be voted on by the City Commission on February 17 It included a provision that the property had to have access within five years and if not, the property would revert to the County for $100,000. The City is asking that be 4 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL changed to 10 years. The second change was the additional provision for the County to have the right of first refusal for $100,000 and if the property was sold, the County would receive the profit. The third change was the designation as a greenway /bikeway natural area rather than a park. Commissioner McCray recalled he had previously voted for the study and not for the project. Commissioner Fitzpatrick pointed out there was a vote to include the greenway /bikeway in the Master Plan. Mayor Taylor announced Ms. Krusell, Communications Manager, had created a calendar that outlines activities, meetings, future plans, and the annual report of the City. It was an excellent job to share a tremendous amount of information. Mayor Taylor commented David Katz had been elected as Chair of the Planning and Development Board. 4. PUBLIC AUDIENCE INDIVIDUAL 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, 67 Midwood Lane, in good nature and jokingly, presented the Mayor with an additional nameplate that read "Old Man River ". Gary L. Fishman, Acting President of the Diane Drive Neighborhood Association, residing at 3504 Diane Drive, asked the Commission to assist the residents to keep the park out of the neighborhood. Mr. Fishman respectfully disagreed with both Commissioner Fitzpatrick and Vice Mayor Casello. His opinion was supported by hundreds along the pathway of all the connected parks. Commissioner Fitzpatrick had appeared at Mr. Fishman's home uninvited and intruded in the meeting with Francesca Taylor, Metropolitan Planning Organization Specialist. The residents felt the park and bikeways would not fit into the peaceful neighborhood. It had been stated by Commissioner Fitzpatrick that he had run for Commission because of the Greenway /Bikeway Plan. The neighbors were concerned about the traffic, crime, loitering, littering and vagrants within the residential area from having access via the connected parks. Mr. Fishman was offended by Commissioner Fitzpatrick's written comments and felt he was owed an apology. The comments were Mr. Fishman was poisoning the waters and those in attendance clarified they were speaking on their own and did not want the park. Mr. Fishman requested the Commission vote no on the park. The immediate consequence to the neighborhoods had to be recognized. Vice Mayor Casello remarked he had a packet of almost 100 signed affidavits of people who do want the park. Mr. Fishman claimed he had 134 and could get 1,000 more. 5 FEBRUARY 3, 2015 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL FEBRUARY 3, 2015 Lak Kalra, 3842 South Lake Drive, understood the City was considering a 5 acre lot for a potential park. The park has no land access and the land is bound by water on two sides, 1 -95 on the third side and his property on the fourth side. The idea of bridges, tunnels and /or floating docks was presented to the County Commission without mentioning there would have to be forcible access to the parcel. Conditions of sale were added by the County including access had to be established within five years. The proposed park was not practical. Mr. Kalra contended Commissioner Fitzpatrick was seeking forcible access. It was insinuated if Mr. Kalra wanted two docks for the new development, access would have to be given for the proposed park in exchange for additional land given to Mr. Kalra from the potential park. Mr. Kalra contended the other Commissioners were unaware of the proposed exchange for access. Most of the residents are against the park. The County had previously given the City eight acres of land that is now Girl Scout Park, only one mile away from the proposed park. Residents complained about the loud noises, drinking, sex, car racing and breakins in the area. The Park was closed many years ago and remains vacant. Mr. Kalra pointed out the City would lose money from the Toss of taxes generated by 22 lakefront homes proposed to be built. He asked if the Commission would allow him to annex the property back to the County. Arlene Malloch, 3910 Lake Drive Extension, lived directly across from the vacant lot. She opposed the plan for the proposed park. The vacant land across the street has issues with kids partying, drinking, trash and racing cars on the street. The new park would only exacerbate those types of issues and safety concerns. The proposed park could deflate the value of their property. The land was scheduled for luxury homes not a park. Harry Woodworth, 684 NE 15 Place, President of INCA, highlighted outstanding events in the City. A meeting had been held with Colin Groff, Director of Utilities, and the residents of Harbor Estates to discuss the ongoing drainage project. The presentation was proactive and very informative. He thanked Commissioner McCray for meeting with the officers of INCA and helping them establish strategic plans, goals and objectives that align with the City and Community Redevelopment Agency. He thanked the City departments for their assistance. Commissioner McCray agreed staff was not always given enough credit for the work they do. Nancy Barbalaco, 3508 Diane Drive, encouraged the Commission to vote no on the green park. The reality could be much different than the presentation. She agreed with 6 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL FEBRUARY 3, 2015 the previous speakers as did other residents. The park would devastate the area that is an older section of the City with new, young professionals and a safe and peaceful community. She contended there were many areas in the City that needed beautification rather than build another park with additional expenses for the taxpayer. The proposed new homes would generate income for the City and the construction would create jobs. The park would not be positive for the City of Boynton Beach. Jim Chard, 401 SE 4 Avenue, Chair of Human Power Delray, spoke in support of the City of Boynton Beach acquiring the Lake Ida parcel. The organization promotes biking and walking as an alternative mode of transportation, improve the safety of walking and biking, use of more human powered mobility and promote local, sustainable economic development. He hoped to integrate the plans of Delray Beach into Boynton Beach. Jack MacFadyen, 250 -C High Point Court, supported open space, greenways and a healthier way of life for generations to follow. He encouraged discussion about other advantages to the park and paths. He did not see luxury homes going into the area. He felt Commissioner Fitzpatrick's plan deserved serious consideration. Butch Buoni, 450 Horizons East #304 in Sterling Village, spoke in favor of the acquisition of the property at Lake Ida. Parks improve the quality of life and home values. Petitions have been circulated and signed without sufficient data to make a decision. He hoped the park would be considered favorably. Robert Gallik, 3724 Diane Drive, wanted there to be confirmation that Tri Rail would pay for the bridge to the parcel before a vote was taken. There needed to be clarification of the cost and the source of funding before a decision should be made. He opposed the park because it would be too close to his residence. Kay Gates, 9693 El Clair Ranch Road, and her husband supported sustainability. Hiking and biking in safe areas as opposed to the roads is wonderful for a community and the residents. She had found that property values increase with greenways as an amenity. She was an avid, international biker and hiker and described several bikeways. She encouraged the Commission to go forward with the plan. Charles Kantor, 2905 South Greenleaf Circle, liked the waterfront property and noted it was tremendously valuable. He felt the City should own the property. The bikeways would attract young, adventurous people and he strongly supported the acquisition. Ray Whitely, 5503 Wishing Star Lane, Greenacres, related the City has 32 parks and close to 65 acres of park land. Mr. Whitely compared about an area of Boynton Beach along 1 -95 North that was an eyesore to the park plan and suggested some of the funds being used to purchase the park be used to build a wall or barrier to hide the eyesore. MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL Christine Malloch, 3910 Lake Drive Extension, explained the proposed park boundary would go right through her backyard. She was hoping she could maintain her home that had been in her family for six generations. She opposed the park. Eric Peterson, 3735 South Lake Drive, close to the entrance of the proposed park, opposed the park. Cleanup of the park would have to be done regularly at the taxpayers' expense. Single family homes would have a vested interest in the area and would maintain their property at their expense. The public who use the parks are not concerned about the cleanliness of the park. Mr. Peterson stressed the people coming forward in support of the park did not live in the area. The decision would affect the lives of the residents everyday. Sunny Garcia, 1631 NW 3rd Lane, had spoken with Chief Katz about people parking on the grass along 17 Avenue. There are "No Parking" signs that were being ignored. The broken fence continued to be used to gain access to the basketball courts. He suggested meter maids be utilized to control the illegal parking. Chris Ciasulli, 3850 South Lake Drive, expressed his opposition to the park. The traffic and other issues would create a venue for crimes and bring a bad element to the community. No one else coming forward, Mayor Taylor closed public audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (NN Stu) openings exist: Arts Commission: 2 Alts Building Board of Adjustments and Appeals: 1 Reg and 2 Alts Cemetery Board: 1 Reg and 1 Alt. Education and Youth Advisory Board: , 1 Alt, 2 Stus, 1 NN Stu Employees' Pension Trustees: 1 Reg Financial Advisory Commission: 3 Regs and 2 Alts Golf Course Advisory Committee: 1 Alt Historic Resource Preservation Board: 2 Alts Library Board: 1 Reg and 1 Alt Recreation and Parks Board: 1 Reg and 1 Alt Senior Advisory Board: 2 Alts Veterans Advisory Commission: 1 Alt 8 FEBRUARY 3, 2015 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL Motion FEBRUARY 3, 2015 Mayor Taylor moved to appoint Jason Handin to the Building Board of Adjustment and Appeals. Commissioner McCray seconded the motion. Vote The motion passed unanimously. Motion Vice Mayor Casello moved to appoint Lori Wilkinson as an alternate on the Education and Youth Advisory Board. Commissioner McCray seconded the motion. Vote The motion passed unanimously. Motion Mayor Taylor moved to appoint Kathleen Wilkinson as a student member of the Education and Youth Advisory Board. Commissioner McCray seconded the motion. Vote The motion passed unanimously. Motion Commissioner Merker moved to appoint Jeffrey Fromknecht as a regular member of the Recreation and Parks Board. Commissioner McCray seconded the motion. Vote The motion passed unanimously. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments 9 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL FEBRUARY 3, 2015 A. PROPOSED RESOLUTION NO. R15 -007 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Kenneth B. Beneby for the property at 1086 Oleander Road, Lantana, FL B. PROPOSED RESOLUTION NO. R15 -008 - Authorize the City Manager to sign a lease agreement with Dell Financial for the purchase of a Dell Sonicwall Supermassive 9200 HA Firewall pair from vTECH io, a Dell authorized dealer, utilizing pricing from the State of Florida Miscellaneous IT Equipment Contract #250- WSCA -10- ACS. The lease is for five years with monthly payments of $1,482.53 or $17,790.36 annually with a $1.00 buy -out. C. PROPOSED RESOLUTION NO. R15 -009 - Authorize the City Manager to sign the application documents associated with the Assistance to Firefighters Grant (AFG) General Program (Part A) FY 2014 grant application on behalf of the City of Boynton Beach. Vice Mayor Casello understood the grant was approximately $1 million that would cover thermal imaging cameras and self- contained breathing apparatus. Chief Ray Carter indicated the federal grant is competitive and open to all fire rescue units across the nation. The applications are reviewed and rated. Bigger cities would get more of the money. Vice Mayor Casello questioned how long the current equipment would function before replacement would be necessary. Chief Carter advised there was some service life remaining on the current equipment. Budget constraints had halted the rotation and acquisition of new equipment. Replacement cost was being gradually integrated into the budget. Grant opportunities are the best way to make up for the lean budget years. A replacement plan would be included in the new budget. Ms. LaVerriere advised the City would have to fund at least $250,000 a year if the grant was not received for the equipment. Chief Carter pointed out there was a match requirement on the part of the City of approximately $100,000 to get $1 million worth of equipment. Mayor Taylor recalled the grant funding was not available last year. Vice Mayor Casello was concerned if the grant was not received the City would need to have $1 million budgeted for the next year for equipment. Motion Commissioner Merker moved to approve Resolution No. R15 -009. Commissioner McCray seconded the motion. Vote The motion passed unanimously. 10 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL FEBRUARY 3, 2015 D. PROPOSED RESOLUTION NO. R15 -010 - Authorize the Mayor to sign a Memorandum of Agreement with the Florida Department of Transportation authorizing construction and maintenance of a new southern entry sign in Federal Highway median just north of Gulfstream Boulevard. E. PROPOSED RESOLUTION NO. R15 -011 - Authorize the Mayor and City Clerk to enter into an extension of a lease agreement with Stage Left Theatre, Inc. for the use of the City -owned Madsen Center building located at 145 S.E. 2nd Avenue. F. PROPOSED RESOLUTION NO. R15 -012 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Lakeside Christian Center Assembly of God, Inc., (Pastor Johan H Van Heerden) for the property at 9613 Knuth Road, Boynton Beach, FL. G. PROPOSED RESOLUTION NO. R15 -013 - Authorize the execution of an agreement between the City and CRA that conveys property at 480 Ocean Avenue to the CRA which is currently the location for the relocated Ruth Jones Cottage aka "Little House ". H. PROPOSED RESOLUTION NO. R15 -014 - Authorize the City Manager to execute an interlocal agreement between Palm Beach County and the City of Boynton Beach for the reimbursement of three (3) Power pro Ambulance cots and accessories as per the Palm Beach County Emergency Management (PBCEM) recently awarded Emergency Medical Services FY 2014 -2015 EMS Grant. The reimbursement under this agreement shall not exceed $37,333. PROPOSED RESOLUTION NO. R15 -015 - Approve Amendment #1 to consulting agreement with ADAAG Consulting Services, LLC of Miami, FL., for Consulting Services for an ADA Self- Evaluation and Transition Plan of Programs, Services and Activities, and Policies and Procedures in the amount not to exceed $8,900. J. Approve the "High Ridge Landing" record plat, conditioned on the approval being the certification of the plat documents by Andrew P. Mack (Building Official /City Engineer). K. Approve the minutes from the Regular City Commission meetings held on January 20, 2015 L. Accept the Fiscal Year 2014 -2015 Budget Status Report of the General Fund and the Utilities Fund for the three (3) month period ending December 31, 2014. 7. BIDS AND PURCHASES OVER $100,000 11 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL FEBRUARY 3, 2015 A. PROPOSED RESOLUTION NO. R15 -016 - Approve the award to Forerunner Technologies, Inc. of Huntsville AL for RFP No. 068 - 1510- 14 /JMA, "Voice over Internet Protocol Telephone System ", and authorize the City Manager to sign a five year lease agreement with NEC Financial Services, LLC., in the amount of $5,892.32 per month (for a total of $353,539.20), with a One Dollar ($1.00) lease buyout for the telephone equipment. For the three years following lease end, the City will receive maintenance and support for the VoIP phone system from Forerunner for $16,897 per year. Motion Vice Mayor Casello moved to approve Proposed Resolution No. R15 -016. Commissioner Merker seconded the motion. Commissioner McCray pointed out the funding had been budgeted. Vice Mayor Casello added the phone system could be moved and incorporated in any location. It would be money well spent. Vote The motion passed unanimously. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 14 -031 - FIRST READING - PUBLIC HEARING - Approve abandonment of a portion of North Lake Drive bounded on the south by Dimick Road and Lot 1 of the Hulls Subdivision to the north. The subject right - of -way to be abandoned is 40 feet wide and extends a distance of 135 feet; containing 5,402 square feet (0.1240 acres). Applicant: Dodi Buckmaster Glas of Gentile Glas Halloway O'Mahoney & Associates, Inc., agent for the property owner, K. Hovnanian T & C Homes at Florida, LLC (Tabled to 2/3/15) B. PROPOSED ORDINANCE NO. 14 -032 - FIRST READING - PUBLIC HEARING - Approve Casa Del Mar Future Land Use Map amendment (LUAR 14 -001) from Low Density Residential (LDR) to Special High Density Residential (SHDR). Applicant: Dodi Buckmaster Glas, Gentile Glas Holloway O'Mahoney and Associates, Inc. (Tabled to 2/3/15) 12 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL C. Approve a New Master Plan /Site Plan (NWSP 14 -004) to allow construction of 80 fee - simple townhome units (Casa del Mar on the Intracoastal IPUD) at a density of 16.65 dwelling units per acre, a waterfront amenity area, and related site improvements on 4.8 acres located on the east side of Federal Highway, north of Dimick Road and south of the Peninsula IPUD. Agent: Dodi Buckmaster Glas with Gentile Glas Holloway O'Mahoney & Associates, Inc (2GHO) on behalf of Applicant/Owner K. Hovnanian T & C Homes at Florida LLC. (Tabled to 2/3/15) D. PROPOSED ORDINANCE NO. 14 -033 - FIRST READING - PUBLIC HEARING - Approve Casa Del Mar rezoning (LUAR 14 -001) from R -1 -AA (Single - Family Residential District to an IPUD (Infill Planned Unit Development) with a Master Plan for a townhouse development. (Tabled to 2/3/15) E. PROPOSED ORDINANCE NO. 14 -034 - FIRST READING - PUBLIC HEARING - Approve Casa Del Mar rezoning (REZN 14 -005) from an IPUD (Infill Planned Unit Development) with a Master Plan for a marina use to an IPUD with a Master Plan for a townhouse development. (Tabled to 2/3/15) Motion FEBRUARY 3, 2015 Commissioner McCray moved to remove Items 9. A, B, C, D and E from the table. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously. Attorney Cherof explained Items 9. A and B were legislative. Items 9. C, D and E were quasi - judicial. He inquired if the applicant would agree to consolidation of the quasi - judicial items and other two items for discussion. The applicant agreed. Attorney Cherof administered an oath to all those intending to testify regarding Items C, D and E. He read Ordinances 14 -031 and 14 -032 by title only, on first reading and announced the second reading would be at the next meeting unless otherwise tabled to a date certain. Attorney Cherof read Proposed Ordinances 14 -033 and 14 -034 by title only, on first reading. Dodi Buckmaster Glas, a Certified Land Planner, introduced the team present including representatives from K Hovnanian, an architect, marine professionals, landscape architect and legal counsel. She located the site on Federal Highway, south of the Peninsula development and north of Lakeside Gardens. Two units had been eliminated on the southern portion of the site that would require changes to the application including a decrease in density to 16.2 dwelling units per acre (du). 13 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL FEBRUARY 3, 2015 There have been several proposals for the site. The current project would have 78 units with an infill redevelopment designation through the CRA providing the Special High Density Residential that exists on the entire site, except for the waterfront lots. The height is within the district, the units below the 20 du per acre and the plans exceed the proposed guest parking by one -third and open space 25% above the Code requirement. The two additional waterfront lots to be rezoned are less than a half -acre and there is a request for a roadway abandonment. The Land Use Amendment would involve the Special High Density residential where there is currently a R -1 -AA designation. The City's Comprehensive Plan encourages infill and redevelopment. The Federal Corridor is part of the CRA Plan and the Land Use Regulations encourage this type of redevelopment. The CRA Plan for the site has a Special High Density designation associated with the 1 -A district. There would be 78 townhomes with a combination of two and three -story buildings. There would be private docks and two visitor docks. The dock is affixed at the land and floats as an amenity to the community. The market values for the homes show the waterfront lots from under $500,00 to over $800,000. The interior lots include a couple of vacant lots and homes for under $200,000 with just one home over $400,000. The proposed units would range in value from $300,000 along Federal Highway to $800,000 along the waterfront. The access would be between Dimick Road and Peninsula's entrance to the north. There would be interconnected pedestrian paths all internal to the site. The access from Dimick had been removed at the request of the residents. The water outfall running through the property would be used as a feature in the center of the project to be a bio -swale that would have decks and a boardwalk behind the units. The Art in Public Places elements would be on the Federal Highway side and along the waterfront side. There would be a cabana and pool area with landscaping. There would be three and four -story architecture with the three -story building adjacent to the homes along Dimick and the lots on the end. The four -story units would be in the north building and along the waterfront to provide good transition with a graduated height. The two buildings on the waterfront would be side facing and a large landscape buffer of 37 feet with the loss of the two units. Building -to- building separation would be approximately 49 feet. The architectural style is Mediterranean with great detail and use of neutral colors with earth tones for accent points. The colors would be blended so there is a better mix of architectural treatment. There had been a meeting with the residents and meetings with staff to understand utility plans the City has and gate access on Dimick that the residents did not want. 14 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL FEBRUARY 3, 2015 There were four meetings with the residents to discuss setbacks, elimination of units and drainage concerns. The planned drainage was altered to accommodate the plans and a new water line along Dimick connected to the hydrant that is underserved by a four inch line. The conversations with staff had been helpful. The neighbors were concerned about parking along Dimick and wanted an increase in the number of guest spaces. Stronger buffers were added with three tiered landscaping of varied heights to include lower level materials, mid -story materials and trees. There was also an agreement to bury the power lines along Dimick. The application includes the Land Use and Rezoning request to go from R -1 -AA zoning to IPUD. The first setback was 13.37 feet and it is now proposed to be 37 feet. The existing homes along the waterfront are permitted to have the 7.5 foot setback. There is an emergency secondary access as provided for fire and public safety. There is no vehicular access to Dimick Road. There was concern about compatibility. The previous approval had minimal setbacks and south - facing balconies. The various changes to the plans were reviewed. The final plans substantially meet and exceed many of the Code requirements for setback and buffers at the south end. The developer is local and built several projects in the area. They listened to staff and the residents to address concerns and issues that improve the new community and the existing residential. The plans submitted were consistent with the Comprehensive Plan and the Land Development Regulations. They were also consistent with CRA policy and an assortment of policies for redevelopment and infill. Design concerns, transition concerns, drainage and water concerns were all addressed to be a good neighbor. Staff recommended approval of all the petitions. Mayor Taylor opened the issue for Public Hearing. Jason Evans, counsel for Lakeside Gardens residents, located the community. He reported there had been several meetings between the developer and residents and attempts to compromise were made. The residents previously worked with developers on changes in land use, proving they can work with developers. The applicant is in the business of building townhomes. They bought the properties in the marina district and two parcels designated for single - family homes with no intention of building a marina or single - family homes. There were no entitlements or contingencies and they cannot compromise with Lakeside Gardens. The residents do not like the project because it takes away the single - family homes from the area, decreases their property values and hinders the City of Boynton Beach's upward growth. Everything is being built with the minimum Code in mind. 15 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL FEBRUARY 3, 2015 Mr. Evans pointed out the Planning and Development Board voted against the project; however, the applicant continued with the project without any compromise and without thinking of the residents. The Board did not agree with the proposed parking allotment that was approved by staff. He alleged a member of the Ballard Partners, the City's lobbyist firm, participated in the applicant's efforts to build the project. It is not known if sensitive information that Ballard Partners may have in their relationship with the City, is being used against the Lakeside residents due to their opposition. The issues of consistency and compatibility were of concern to the residents as well. There was a staff recommendation that the property values would not be affected without any data to substantiate the claim. The residents were seeking a denial of the application and ask the Commission for protection of home values, community and Boynton Beach's future. Mr. Evans did not know if the revised site plan had undergone staff review or Planning and Development Board review. Robert L. Moore, a Planning and Zoning consultant, pointed out the developer bought the property knowing the permitted uses with half the density as proposed. It was after the Planning and Development Board rejected their request based on compatibility with a single - family district and the proposed parking limitations that the density was decreased. The issue is the doubling of the density with the existing density that is not compatible. Mr. Moore suggested a lower density be considered to be consistent with the neighboring development to the south. Wayne Lewis, State Certified General Real Estate Appraiser, was present representing the DeVoursney family. He used the concept of interchangeability to explain homes were bought dependent upon the future land use designation of single - family residences to the north. If the development proceeds the DeVoursneys would have seven townhomes adjacent to their property on the north side and a single - family residence to the south. The townhome project on one side would damage the value of the DeVoursney home greater than the single - family home on the south that would be bordered by two single - family homes. Changing the designation from R -1 -AA would increase the density on the property next to the DeVoursney home by 3.44 times. The height differential from a two -story home to a three -story home creates an issue. The following individuals came forward in opposition of the project: Mike McCleary, 2600 Lake Drive North Robert Gonzalez, 636 Potter Road James DeVoursney, 2625 Lake Drive North Lillioni DeVoursney, 2625 Lake Drive North 16 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL Monica DeVoursney, 2625 Lake Drive North Susie Khattab, 640 Potter Road Chris Ciasulli, 3850 South Lake Drive Nicole Bueller, 2623 Lake Drive North John Trach, III, 2623 Lake Drive North Mike Mrotek 2624 Lake Drive North Conrad Merry, 620 Dimick Road Ramona Mrotek, 2624 Lake Drive North FEBRUARY 3, 2015 The reasons for the opposition included lack of symmetry with the existing neighborhood and the loss of two properties that were part of Lakeside Gardens. It was suggested the marina would have been a better future use or a smaller proposed project that would not include the two R -1 -AA zoned lots. The change in land use for the project would jeopardize the future of all properties in the City that could be harmed by changes in land use regulations for adjoining parcels. The proposed project had a flawed application and equally flawed justification for the benefit of the developer. There was concern expressed for the emergency vehicle access to the development because the parking would prohibit the equipment to navigate through the project. It was asserted the developer did not compromise as much as the residents of Lakeside Gardens were asked to concede. Staff was asking Lakeside Gardens to sacrifice 23% to 30% of the neighborhood waterfront and the road access to the properties. The economic benefits of the marina, a significant asset for the City, were also being sacrificed. The compromise in the setback of 27 extra feet along the northeast portion was unacceptable to the residents of Lakeside Gardens in lieu of all the previous compromises endured. The residents were led to believe that rezoning to a marina project was a "done deal ". It was argued the City should not sacrifice the possible benefits of the marina district including quality real estate development, concepts unique to the industry such as job growth, increased tax revenue, promotion of like- minded businesses, access to the marina district from 1 -95 via Gateway Boulevard, and proximity to the Boynton Beach Inlet with the domino effect of the marina industry along the CRA Corridor. It was suggested the Commission explain and justify the reason for denying the marina to be developed rather than the proposed project and take time to determine the feasibility of a marina and its economic impact. Staff's assertion that the marina project was not supported by the market should be challenged. The improvement of the economy ensures success of a marina in the area and brings an asset to the City. Other concerns were the closing of the end of Dimick Road that would sacrifice a play and dog park area in the community that was enjoyed by many of the children living in the area and there was no transition offered between single - family homes and 17 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL townhomes. Elevation variations around Lakeside Gardens over the years have created drainage problems, erosion and structural damage around the homes. The new development would compound an existing flooding issue and mosquito control monitoring. There have been mold and poor water quality in the area for 40 years. The area was being exposed to an additional threat of vandalism and crime that was ongoing and may continue if the area is not secured and the access eliminated along the north end. The assertion was made that there have been changes in the economy and lifestyles resulting in a trend for single - family homes and a decrease in multi - family units that should not be ignored. The possibility of the project becoming rentals or vacant was a major concern. Multi- family units decrease in value while single - family homes increase in value. Future widening of Dimick Road would be impossible and it would hinder the development of the neighborhood. The Code dictates that an IPUD must be compatible with and preserve the character of adjacent residential neighborhoods with adequate buffering, graduated uses and a layout that compliments adjacent developments. There is not a smooth transition from a one -story home to a towering 38 1/2 - foot building and the setbacks are not sufficient. It is the last waterfront property in the City that should be more fully utilized with high - end homes and greater opportunities for growth. It was understood there is a need for progress, but it has to be done with good sense and the wishes of the residents of the area taken into consideration. New development should not affect the existing neighborhood that is safe, clean and private. No one else coming forward, Mayor Taylor allowed the applicant to respond. Martin Perry, Counsel for the developer, remarked Lakeside Gardens is an old subdivision with small lots and six of those next to the DeVoursney property were acquired to square off the site. The subdivision is surrounded by commercial development or more intense residential development. The Peninsula has 20 dua per acre immediately to the north. The proposed project has less density. There is higher density across the street and to the south. It is a nice little pocket. The grade level is significantly lower in Lakeside Gardens except where there are new homes. The proposed project would assist in alleviating the existing flooding issue by providing an outfall. The City has determined the area is prime for redevelopment. Mr. Perry recalled a previous developer had proposed 82 units on less land with five - story buildings. The City has encouraged this type of development proposed for the site. The developer has complied with every request and made numerous compromises. Lifestyles have been changing for many years. The proposed marina would be larger and very noisy. The development went into bankruptcy. There is currently no proposal to build a marina at the site. A marina on the site would squeeze out residential and bring in more commercial development. 18 FEBRUARY 3, 2015 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL FEBRUARY 3, 2015 Ms. Glas clarified there have been multiple compromises and revisions to the plan. A water line was redesigned, a committed outfall was created for Dimick Road, power lines would be buried and the access on Dimick Road eliminated. Height was addressed and transition. The south property line is not a wall. It is a wall and fence detail for a total of six feet with hedging, trees and mid -story growth to be inviting. There are grass and mangrove issues that currently exist. Derrick Fenick, Division President, with K. Hovnanian, advised they would not have purchased the property if it was not anticipated to be successful and a good project for the immediate area and Boynton Beach. The market research was done and the owners believe in the project and the need for this type of development in Boynton Beach. Commissioner McCray wanted more information from staff on the parking issue. Kathleen Zeitler, Senior Planner, replied each unit requires two parking spaces that are covered with the two stall garages. Guest parking spaces are required and the project exceeds the regulations. Commissioner Merker felt part of the problem was with the City that was not investing money for improving and fixing existing areas. He would discuss the issue during budget talks. Vice Mayor Casello referred to the Planning and Development Board meeting minutes regarding the stipulation that the garages would only be used for parking. Ms. Zeitler concurred that staff was recommending as a condition of approval that the garages be limited to only parking that would be enforced by the homeowners' association. Parking on the street would be enforced by Code Enforcement. Vice Mayor Casello understood Code Enforcement could not enforce parking regulations on private streets. Ms. Zeitler conceded it would have to be the homeowners' association responsibility. Vice Mayor Casello's experience was the parking regulations were unenforceable by the homeowners' association as well. There was mention that the streets could not be widened because it would not allow a significant flow of traffic. Ms. Zeitler pointed out the streets are private and the building would be built to the limits of the street. The interior streets could not be widened and all pedestrian activity is interior. The pedestrian access was eliminated along Dimick. Commissioner Fitzpatrick referred to Proposed Ordinance 14 -031 and the staff report that advised the public right -of -way no longer serves a public purpose. Ms. Zeitler interjected that the developer indicated the garages will contain some built -in storage. Andrew Mack, Building Official and City Engineer, noted the only public purpose for the right -of -way would be to service the two adjacent single - family Tots. Since the developer owns the property, the abandoned property would go to the adjoining property owners. 19 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL FEBRUARY 3, 2015 The City would retain utility easements to service utilities in the area. There would be no public purpose for future access. The abandonment would be done in conjunction with the rezoning. Commissioner Fitzpatrick inquired what had changed that the recommendations for a marina are no longer applicable. Ms. LaVerriere pointed out the rezoning and site plan cannot be considered until the abandonment is granted. Mike Rumpf, Planning and Zoning Director, stressed the marina was not an active application. The current application is the townhome project that was reviewed on its own merits. Commissioner Fitzpatrick reiterated his question why the recommendations for the marina project were no longer valid. Mr. Rumpf responded if a marina project was proposed it would be reviewed on its own criteria and it may be valid, but there was no marina project for consideration. He explained a private piece of property cannot be held to a given development approval. The current project is held to the same zoning, IPUD. Commissioner Fitzpatrick was concerned about the trend and the flexibility of staff to immediately change the rules to accommodate the current owner. He saw no consistency in staff's recommendations. Vice Mayor Casello read from the Land Development Regulations on commercial /industrial land in the staff report, as follows: "Although the requests do not propose to reclassify or rezone any commercial or industrial lands, the new residential Master Plan replaces a Master Plan for a commercial marina. Marina oriented and water dependent uses are the only commercial uses allowed in the Special High Density Residential category and only in conjunction with the Palm Beach County Manatee Protection Plan. The proposed rezoning does; therefore, represent a loss of a project that could have been a significant asset to the City." Mr. Rumpf stressed nothing has changed. It is not the project before the Commission at this time. Commissioner Merker summarized a piece of property is zoned and can be used in different ways. It depends on the owner of the property and his plans. It does not have to follow exactly a plan from the past. The previous projects are irrelevant today. If the plan meets the specifications today and is good for the City and brings in tax revenue, it should be approved. The residents do have to be considered and compromises made. The Commission makes the ultimate decision. Mayor Taylor emphasized there was no marina project before the Commission making it a moot point at this time. Mayor Taylor asked who owned the two private lots that were bought by the developer. Mery McDonald, advised the former property owner lived outside Denver, Colorado. He was a partner with John Lake. Mr. McDonald bought the property from the Ziff 20 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL FEBRUARY 3, 2015 family who were trying to assemble all the residences including on the water and immediately to the south to do a multi - family development. Mr. McDonald acted on behalf of Bob Buckenberger for the sale to K. Hovnanian. Mayor Taylor clarified there are four parks in Boynton Beach that allow dogs. The area has changed and at the other end of Dimick Road there is a four -story building with a smaller setback than the proposed project. If a developer owns a piece of land and the project meets all the Codes, there is no basis to deny the request. Commissioner McCray wanted to make sure there is turning radius for emergency vehicles. Mr. Rumpf advised the project had been reviewed by the development application review team process and adequate maneuverability and circulation requirements have been met. Commissioner Fitzpatrick noted the developer was before the Commission as a land speculator. The property was bought with a zoning designation. Staff gives developers the impression the regulations can be changed. Developers are driving the future of the City rather than the plans that have been adopted by the Commission. Boynton Beach needs a good ratio between residential, commercial and industrial. This property is directly across from the Inlet and should be a viable location for a marina. Commissioner Fitzpatrick felt the residents should expect the City to maintain the residential zoning for the lots. There is no continuity, no guarantees for the citizens. Vice Mayor Casello agreed 2010 was a different time than it is now. The City has been branded as the Gateway to the Gulfstream and yet it was closing all portals. He suggested thinking outside the box for the City and think marina -- nothing is impossible. He felt it was wrong to override the marina concept for residential. The commercial use falls under the Community Redevelopment Agency Comprehensive Plan. Job creation would be significant. Commissioner Merker contended a developer is willing to invest his money to better the neighborhood. The Commission has to decide if the project is good for the City. The concern from the residents was the compromises required, but it had now evolved into childish talk. The Commission and citizens should not be foolish enough to deny the project. The development is high end and the reality is it is truly good for the City. Vice Mayor Casello read from the Land Development Regulations, Policy 1.12, "The City shall not approve any increase in hotel, motel in residential densities in the coastal high hazard area that would increase evacuation times above the 16 hour level of service for out of county hurricane evacuation for a Category 5 storm. It has been noted by staff the City has no in house capability to estimate the impact of this development on evacuation times." Approval of the project would break the City's policy. 21 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL Motion Commissioner Merker moved to approve Proposed Ordinance No. 14 -031. Mayor Taylor passed the gavel and seconded the motion. Vote Vote FEBRUARY 3, 2015 City Clerk Prainito called the roll. The vote was 2 -3 (Vice Mayor Casello and Commissioners McCray and Fitzpatrick dissenting). Motion Commissioner Merker moved to approve Proposed Ordinance No. 14 -032. Mayor Taylor passed the gavel and seconded the motion. City Clerk Prainito called the roll. The vote was 2 -3 (Vice Mayor Casello and Commissioners McCray and Fitzpatrick dissenting). Attorney Cherof advised the remaining items were conditioned on the approval of the abandonment and land use change which did not pass. The other items on the agenda relating to Casa Del Mar were moot. F. PROPOSED ORDINANCE NO. 15 -002 - FIRST READING - Approve amendments to the Land Development Regulations, including amendments to the Definitions, Zoning Use Matrix, and corresponding Use Matrix Notes to establish a new use titled Medical Care or Testing (In- Patient) to allow medical uses that provide 24- hour services or treatment. Attorney Cherof read Proposed Ordinance No. 15 -002 by title only, on first reading. Motion Commissioner Merker moved to approve Proposed Ordinance No. 15 -002. Vice Mayor Casello seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. Mayor Taylor opened the issue for public hearing. No one came forward. 22 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS - None 13. LEGAL A. PROPOSED ORDINANCE 15 -001 - SECOND READING - PUBLIC HEARING - Approve Ordinance amending Section 10- 51.5(1)(4) of the City of Boynton Beach's Code of Ordinances entitled Registration of Abandoned Real Property to amend the registration fee. Attorney Cherof read Proposed Ordinance 15 -001 by title only, on second reading. Motion Commissioner McCray moved to approve Proposed Ordinance No. 15 -001. Commissioner Fitzpatrick seconded the motion. Mayor Taylor opened the issue for public hearing and no one came forward Vote City Clerk Prainito called the roll. The vote was 5 -0. B. PROPOSED RESOLUTION NO. R15 -017 - Authorize the City Manager to sign an Agreement with Community Champions Corporation (CCC), f /k/a Federal Property Registration Corporation of Fort Lauderdale, FL for a one -year period for administration of the City's vacant property registration ordinance as a result of Quote Number Q020- 2111- 15 /JMA. There is the option to renew for an additional three (3), one (1) year periods. Motion Commissioner McCray moved to approve Resolution No. R15 -017. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously. FEBRUARY 3, 2015 C. Consider options for future administration and maintenance of the Quantum Park Overlay Dependent District including the following: 23 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL FEBRUARY 3, 2015 1. Continue current operations whereby future administrative actions and vision of the District are overseen by the existing Board of Supervisors and their elected successors. 2. Remove and reappoint the Board of Supervisors thus injecting new leadership and vision. 3. Dissolve the Quantum Park Overlay Dependent District and assume all debt and common ground maintenance. Attorney Cherof explained the item was initiated by one of the property owners and as a recommendation request to the City Commission that has the right to make policy on the issue. Commissioner Merker wanted more time and knowledge before voting on the issue. He wanted to table the matter. Attorney Cherof noted there was no immediate action necessary on the item. He suggested the Commission be educated on the issue and have the side requesting the relief make a presentation. Peter Sachs, 62111 Broken Sound Parkway, counsel for Olen properties, the largest property owner in Quantum, had spoken to staff about the problems in Quantum. There have been difficulties with previously approved development and with development that is not proceeding because of the Overlay District. It is a matter of public policy because the Overlay District is not a private entity, but a governmental entity created by the City under Ordinance 05 -61. Private developers in Quantum Park have to seek approval from the City of Boynton Beach, South Florida Water Management District and the Overlay District. The last entity has crippled any progress and grinds the development process to a halt. The minutes of the Overlay District meeting held on November 6, 2012 were put into the record for review. The minutes confirm the District board enacted policy to not review governmental drainage permits unless the property owner first receives the approval of the privately held Property Owners' Association. The Property Owners' Association is not an arm of the City. It is illegal delegation of governmental authority to a private entity. The Overlay District is telling private property owners they will not receive required drainage permits unless they satisfy the demands of a private entity. The District also indicates it will not fulfill the governmental requirement of receiving and processing drainage permits. The manner that the policy was approved brings up ethical concerns. The Overlay District board member who proposed the policy is also a paid employee of the Private Property Owners' Association. The District Engineer in charge of processing drainage permits is also the Private Property Owners' Association Engineer. 24 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL FEBRUARY 3, 2015 Property owners like Olen, pay large sums in assessments to maintain the water bodies that the District will not allow them to use for drainage. Olen is impacted significantly because Olen is one of the last property owners attempting to develop the undeveloped portion of Quantum Park. The development of property triggers the Overlay District's regulatory authority. There is a contemptuous relationship between Olen and the Property Owners' Association. The City is impacted because Olen has paid $750,000 in impact fees and if able to complete the project, the City would net another $800,000 in impact fees. Upon completion of the new build out, Olen would have 1,786 units in the City, not to mention 20,000 square feet of commercial space. Olen Properties was asking the City Commission to hold their Dependent Overlay District accountable and either dissolve the Board and take over or replace the Board with professional people that will treat everyone fairly. The current Board does not own property in Quantum or live in Quantum and has no connections with Quantum. Notice of the election of the Board members was not given to all the property owners. Mr. Sachs submitted to the record a handbook created by the Florida Department of Economic Opportunity that specifies that municipalities may hold dependent special districts accountable by dissolving them or removing the board members at will. Vice Mayor Casello inquired how many property owners were in the association and Mr. Sachs replied there were no residents owning property in Quantum Park that were on the Board. Commissioner Merker asked when the last election took place and if there was a chance to have candidates on the ballot. Mr. Sachs advised Olen was not notified of any election. Andre Park, legal counsel, reiterated Olen had no knowledge of the last election. It was requested from public records because there is no accessible information about the Overlay District. Commissioner Merker thought minutes should have been provided to the City that could be copied to Olen. Mr. Park added the City should have received notification of the election because it is a property owner. Martin Perry, Counsel representing the Quantum Park Overlay District advised the first notice he had received about the item being on the Commission's agenda was 5 p.m. last Wednesday. In reality there are a number of inaccurate statements in the letter submitted by Mr. Sachs. Mr. Gerlach, the District Engineer, is not the Engineer for the Property Owners' Association. Olen is not the only remaining developer or the largest property owner. 25 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL FEBRUARY 3, 2015 Mr. Perry wanted an opportunity to make a complete presentation. Apparently Mr. Parks has met with each Commissioner and City staff and there should be an opportunity to respond in detail. The District, created by the City and Statute, has performed significant functions. One of the original members of the Board was Mr. Olenicoff who is the principal of Olen Properties. He never took office and submitted his resignation because there was going to be litigation forthcoming. The District Board had an election November 4 and it was properly noticed as required by law. Olen Properties is entitled to 55 votes and they did not vote. There were 66 votes cast out of a total of 300 with over 100 owned by the District. The District owns over 100 acres. Mr. Olen made no effort to vote his shares. The District Board meets regularly with professional members who have done an outstanding job over the years. The Overlay District protects the environment and waterways in Quantum Park and Mr. Olen has intentionally violated rules and encroached on District lands. Motion Commissioner McCray moved to table the matter. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously. Mr. Perry would send a notice of the next meeting to the City Manager for distribution to the Commission Vice Mayor Casello asked if the City had been notified of the election. Richard Ellington, District Manager and working for Special District Services, who has the contract to manage the Overlay District, indicated the City's Ordinance requires a public notice in a newspaper of general circulation, twice before the election. The election is held on the same general election day in the even years. The notice was published in the Palm Beach Post and all the property owners got the same method of notice. There were 63 owners represented in person or by proxy and Mr. Olen's 55 acres were not represented at the election held November 4 at 2 p.m. There are minutes of the meeting. D. Pursuant to Section 286.011(8), Florida Statutes, request is made for a private attorney - client session of the City Commission to discuss pending litigation in the following case: Vincenzo Gurrera, Plaintiff vs. Palm Beach County Sheriff's Office; Florida Department of Financial Services, Division of Insurance Fraud; State of Florida Division of Corporations; City of Boynton Beach, et al., Defendants — United States District Court, Southern District of Florida Case No. 14 -CV- 80815 - Cohn /Seltzer 26 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL Attorney Cherof indicated no more than a half hour would be needed to discuss the case. There was consensus to meet at 5:45 p.m. on February 17 before the regularly scheduled Commission meeting. 14. FUTURE AGENDA ITEMS A. Consideration of Purchase Agreement with Palm Beach County for Lake Ida land - 2/17/15 B. Consideration and discussion of Financial Advisory Committee's proposed work topics - 2/17/15 15. ADJOURNMENT (Continued on next page.) 27 FEBRUARY 3, 2015 There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 10:33 p.m. MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL ATTEST: S te- ity Clerk t M. Prainito, MMC dith A. Pyle, C Ii 12-- eputy City Clerk P ruat:k.L,10 28 CITY OF BOYNTON B ' CH FEBRUARY 3, 2015 Casello, Vice Mayor David T. er. - . o ' issioner Michael M. Fitzpatrick, Commie loner