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Minutes 10-04-16.MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON TUESDAY, OCTOBER 4, 2016, AT 6:30 P.M. PRESENT: Steven B. Grant, Mayor Mack McCray, Vice Mayor Commissioner Justin Katz Commissioner Christina Romelus Commissioner Joe Casello 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Tim Howard, Assistant City Manager Jim Cherof, City Attorney Judith A. Pyle, City Clerk Mayor Grant called the meeting to order at 6:31 p.m. Invocation by Rev. Jay Forester of Seacrest Presbyterian Church Pledge of Allegiance to the Flag led by Mayor Grant ROLL CALL City Clerk Pyle, called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant added item 3E - Hurricane announcement to the agenda. 2. Adoption Motion Vice Mayor McCray moved to approve. Commissioner Katz seconded the motion/ Vote The motion unanimously passed. MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA 2. OTHER A. Informational items by Members of the City Commission OCTOBER 4, 2016 Commissioner Casello attended the Coalition of Boynton West Residential Association (COBWRA) on the 21St and a Sober Home Task Force meeting. On the 22nd he attended the Palm Beach County Business Development Bureau Luncheon, and on the 28tH he attended the Palm Beach County League of Cities. Commissioner Katz disclosed he spoke with residents relative to Riverwalk, the D'Almeida project and the Quantum Park Overlay District. Vice Mayor McCray attended the Senior Health Fair at the Civic Center. He was impressed by the Supervisor of the Center, Brent Rolle and praised him as an asset because he personally thanked all and gave a handshake to the attendees. Mayor Grant met on the 21St with Joe Russo, Palm Beach Tech Association, to schedule a meet and greet, and attended a 2-1-1 Legislative Update. He met on the 22nd with the Mayors Literacy Initiative with Craig Clark, Library Director. On October 27tH a Read for the Record event, which Boynton Beach has won for the last three years, will take place. The book is the Bear that Ate your Sandwich. On the 23rd, he spoke at Freedom Shores Elementary School, and that afternoon received a thank you letter from the Boynton Beach Tiger Sounds for attending the Battle of the Bands. On the 24th he attended the Pick Pack Play which was a donation to the Boys and Girls Clubs made through the Dr. Pepper and Snapple distribution center. He attended the Boynton Beach Youth Movement Circuit Training at Boynton Beach High School to assist with health and exercise and provides scholarships to youth in Boynton Beach. On the 28th he attended a WXEL taping of Between the Covers. He attended the Geographical Information System (GIS) Expo on the 29th, noting the City has a GIS Department. He met with Dr. Lisa Williams -Taylor at the Children's Services Council, and attended a Sister Cities International Board Meeting. On the 30th he attended the League of Cities as he is on the Growth Management Economic Legislative Policy Committee. They will move forward with discussions on legislation regarding the CRA, annexation and impact fees. On October 1St, he kayaked with veterans and Wally and Debby Majors as part of the Veterans Stand Down House. He attended Temple Beth Kodesh for Rosh Hashana and wished all a Happy New Year. Commissioner Romelus attended the Business Development Board luncheon, the Truman Kennedy Johnson Democratic Dinner and the St. John 108th Anniversary Dinner. She met with Bradley Miller regarding the D'Almeida project, went to the Clinton Rally and the Haitians and Friends United Against Breast Cancer walk at Intracoastal Park. She may be attending the Newly Elected Officials Conference in Tampa this weekend, weather permitting. She requested a brief moment of silence for the individuals in Haiti enduring Hurricane Matthew. 2 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Presentation by department staff about the Development Department. Andrew Mack, Development Director, introduced Tia Stokes, Development Services Supervisor; Debra Mazakas, Intake Staff; Patsy Grisson, Development Services Coordinator; Selecia Brown, Business Development Specialist; Mike Rumpf, Planning and Zoning Director, and Shane Kittendorf, Building Official. Mr. Kittendorf, explained Development Department consist of Development Services, Planning and Zoning, Community Improvement and Building Services. Development Services consists of the management core group including the Director, division heads, the Certificate of Use (COU) and Business Tax Receipt (BTR) Manager and the intake staff, which is the frontline. They process the paperwork regardless where it is going, in the department. The COU and BTR manager oversees issuance and renewal of 7,000 businesses annually to ensure they are up to date, including state and county licenses. Planning and Zoning oversees and manages the land development regulations and the development approval process. The building permit process assists with the Planning and Zoning aspects, the Comprehensive Plan, City demographics, urban design and historic preservation. The department recognizes planning, implements the vision of the CRA Plan that is in place, and the Department seeks to revitalize, enhance and improve development in the community. The goal is sustainability. Zoning regulations pertain to Land Development Regulations (LDR) and Mr. Kittendorf noted compatibility was important as one would not build a children's playground next to a prison. Community Improvement Services is a service the City provides to its residents including aid to victims of abuse and a healthier life, historic preservation, and through the CDC, part of the model block. Mr. Kittendorf explained his passion is building services, which protects life and property. The three components of life safety are Police, Fire and the Building Department. If first responders have to enter a building, the Department ensures the building's design allows for easy access. The department is involved with inspections, plan review and compliance with the Florida Building Code, and regulations to protect homes. He explained when individuals move, they only see the skin of the structure. His job is to ensure the innards, such as plumbing, electrical and mechanical are adequate. The department reviews single family homes and high rises. The Code has provisions to protect life and property from natural disasters such as flooding. Vice Mayor McCray thanked Mr. Kittendorf and informed Mr. Mack he met with the Banks family and they were very happy with the meeting. He commented staff was an asset to the City. MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 B. Proclaim October as "National Archives Month." Susan Swiatosz, Arch ivist/Librarian will accept the proclamation. Mayor Grant read a proclamation acknowledging the Month of October as National Archive Month for the City of Boynton Beach. Present to accept the award was Susan Swiatosz. Ms. Swiatosz thanked the City Commission for the proclamation and invited them to see the collection at the Library, noting some of it was converted to digital format. Staff also started digitizing yearbooks for high schools. Vice Mayor McCray mentioned he was at the Library and wandered over to the Archive section. He appreciated the tour she provided and praised Ms. Swiatosz as she was an asset to the City C. Proclaim the Month of October as National Arts and Humanities Month for the City of Boynton Beach. Kim Weiss, Arts Commission Chair will accept the proclamation Mayor Grant read the proclamation acknowledging October as National Arts and Humanities Month for the City of Boynton Beach. Present to accept the proclamation was Susan Oyer, member of the Boynton Beach Arts Commission. Susan Oyer, 147 SE 27th Way, Boynton Beach, on behalf of Kim Weiss, Chair, Arts Commission, thanked Mayor Grant and the City Commission for the support of the Art in Public Places program and hoped all were enjoying the program. She recommended visiting the AIPP Facebook page and website to keep updated on the program. D. Proclaim the month of October 2016 as Domestic Violence Awareness Month. Mayor Grant read the proclamation acknowledging the Month of October as Domestic Violence Awareness Month in the City of Boynton Beach. Present to accept the proclamation was Muriel Waldman and Mary Villamil, Boynton Beach Police Department Victim's Advocates and Pam O'Brien, Aid to Victims of Domestic Abuse. Muriel Waldman thanked the City Commission for and on behalf of the Special Victims Unit and for the men and woman on Road Patrol who every day of the year fight domestic violence and offer compassion to victims. Pam O'Brien, on behalf of AVDA, expressed they appreciate the City's support and the violence prevention programs in the schools. They also appreciate the support of Chief Katz and the Police Department working to keep the community safe. Commissioner Romelus noted an article where a five month old lost his life. She did not know how long he was suffering. She thought all should be vigilant and keep their eyes open. E. Hurricane Announcement 4 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 Mayor Grant announced Hurricane Matthew is in the Caribbean and the City Commission had offered prayers for those impacted. City staff has been preparing for the hurricane and he announced City Hall, City facilities, parks and programs, including the beach and golf course, will be closed at 6 p.m., on Wednesday, October 5th and all day Thursday, October 6th. No trash pick-up will occur on October 6th. Residents and businesses were asked not to place trash and debris for pickup as it is a hurricane hazard. Questions should be directed to Public Works. Drainage issues should be reported to the Utilities Department After -Hours Emergency line. He advised residents are encouraged to check the City's website, Twitter and Facebook pages for updates and other' information, or contact the City. Essential staff members were notified to be at the Emergency Operations Center by 6 a.m. on Thursday. Jeff Livergood, Director Public Works, explained anything not collected today would be collected on the 5th. The Department wanted all residents to know if they have not finished cutting and pruning, they will not collect the debris and they should cease cutting until the storm passes as it is a projectile. Bulk trash will be picked up on Tuesday. 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) Charles Kanter, 2905 S. Greenleaf Circle, Parkside, Quantum Park, explained when he moved to Parkside in 2004, land was roped off because it was undeveloped and residents were asking for a park. In 2015, there was a presentation by the Quantum Park Overlay District about creating an eco -park, but nothing happened. Residents do not care who develops a park as long as it gets done. There is new development on the corner of Miner and High Ridge Roads and residents just want an answer when they will get their park. Susan Oyer, 140 SE 27th Way, distributed information to the City Commission. She wished all a Happy Rosh Hashana and advised Seacrest Estates was having a decorating contest and she asked Commissioner Romelus to be a judge to which she accepted. She also would serve as a judge for the Christmas/Hanukkah, Halloween and Thanksgiving contests. Ms. Oyer advised there was a chicken issue in her neighborhood and thought it should be addressed. One handout addressed the salmonella issue caused by chickens. She also distributed an article from the University of Florida about how trees are being improperly planted. Another article about Manhattan preparing for global warming and flooding was distributed, which she thought would apply at some point to the City. She thanked Mayor Grant for attending the GIS event as she was a GIS teacher and her students competed in the local regional competition and won a few times, beating FAU Grad students. She spoke with the 5 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4. 2016 Police Chief regarding GIS and there are a lot of great programs residents can help with. She hoped the City would use GIS as efficiently as possible Reverend Bernard Wright, 713 NW 2nd Street, commended all on the dais, and thought they made great decisions for Boynton Beach. He stood for the children in the Black neighborhood in District 11. He thanked Mr. Livergood'as they are working to keep Heritage Park clean and more trash bins were needed as Sara Sims Park was trashy. He commended Chief Katz and Assistant Police Chief Vanessa Snow. He commended all for the job they do and he expected they will go forward with a change and not stand still. 5. ADMINISTRATIVE A. Discussion and decision on date of 2017 July 4th Festivities. Wally Majors, Recreation and Parks Director, explained at the last July 4th Celebration, parents asked if the City would consider holding the event on a weekend. Staff did not see an advantage either way, but those with young children have a late night. After very brief discussion, there was consensus to hold the event on Saturday, July 1't. B. Commission to discuss the following Commission Meeting Dates in 2017 and determine if any will be moved. Tuesday, April 18, 2017 - Passover Tuesday, July 4, 2017 - City Hall closed for 4th of July Tuesday, December 19, 2017 - Hanukkah The members briefly discussed the dates and there was consensus to only change the July 4th meeting date to July 5th C. 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 (N/V Stu) openings exist: Arts Commission: 2 Regs. and 1 Alt Building Board of Adjustments & Appeals - 1 Reg Education and Youth Advisory Bd: 2 Alts Historic Resources Preservation Bd: 1 Alt Senior Advisory Board: 2 Alts There were no applicants. MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA 6. CONSENT AGENDA OCTOBER 4, 2016 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 Motion Vice Mayor McCray moved to approve. Commissioner Casello seconded the motion. Commissioner Romelus referenced Consent Agenda Item K and noted she indicated the police department she discussed in regard to the Domestic Violence program was the Boynton Beach Police Department, not the Broward Police Department. Motion Vice Mayor McCray moved to approve as amended. Commissioner Casello seconded the amendment. Vote The motion unanimously passed. A. PROPOSED RESOLUTION NO. R16 - 131 - Approve Subscription agreement between the City of Boynton Beach and Florida PACE Funding Agency for financing of qualified improvements in accordance with Section 163.08, Florida Statues. B. PROPOSED RESOLUTION NO. R16 -132 - Approve membership agreement between the City of Boynton Beach and Florida Resiliency and Energy District for financing of qualified improvements in accordance with Section 163.08, Florida Statues. C. PROPOSED RESOLUTION NO. R16-133 - Award and authorize the City Manager to sign a Two -Year Lease Agreement with Ultimate Bakery and Pastry, Inc. to operate the Snack Bar at Oceanfront Park as a result of RFP No. 056- 2710-16/JMA. D. PROPOSED RESOLUTION NO. R16-134 - Authorize the City Manager to sign a three-year Processing Agreement between Waste Management Inc. 2700 Wiles Road, Pompano Beach, Florida 33073 and the City Of Boynton Beach to allow the City to transfer recycling material including yard waste, mixed recyclables and construction and demolition debris to the Waste Management facility located in Lantana, Florida. 7 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 E. Approve the Bid for "ANNUAL BID FOR THE PURHCASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES" Bid No. 068-1412-16/MFD to the following eight (8) companies: Calico Industries, Clean All Products, Dade Paper, Neeld Paper, Office Depot, Pyramid School Products, Roses. Delight and The Office Cart on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications. Items will be ordered on an "as needed" basis for an estimated annual expenditure of $40,000. F. Approve the purchase of five (5) Thermal Imager Cameras from Municipal Equipment Company of Orlando, FL, by utilizing Lake County Contract 12-0806M for an estimated total cost of $39,450.00. Lake County purchasing process satisfies the City's competitive purchasing process. G. Approve the purchase of one (2) complete set of Hydraulic Extrication Tools and accessories from South Florida Emergency Vehicles (SFEV) of Fort Myers, FL, in the amount of $63,334.20. SFEV is the Sole Vendor source for Holmatro brand of equipment for the South Florida region, including Palm Beach County. H. Approve a one year piggyback of the State of Florida contract no. 41120000- 15 -ACS with Fisher Scientific Company, LLC for the purchase of consumable laboratory supplies for the Utilities Department, for a not -to -exceed amount of $40,000. The City of Boynton Beach's (City) purchasing policies allows for the utilization of State of Florida contracts. I. Approve a $2,000 donation from federal forfeiture funds to the Suits for Seniors program -Boynton Beach High School. J. Approve request of East Ocean Cafe to revise their previously approved sidewalk cafe permit to rearrange their outdoor seating and add ten (10) seats. Applicant: Cindy Sumlin, C&T Breakfast & Lunch LLC. K. Approve the minutes from the Regular City Commission meeting held on September 20, 2016. 7. BIDS AND PURCHASES OVER $100,000 A. Approve the purchase of Water Meters and Equipment with Sensus Metering Systems as a Sole Source vendor for the maintenance and replacement of water equipment for the City's Utility Metering System. The City is currently using Sensus's Flex Net System. Items will be ordered on an "as needed" basis for the estimated annual expenditure of $120,000. Motion Commissioner Casello moved to approve. Commissioner Katz seconded the motion. ,3 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA Vote The motion unanimously passed. OCTOBER 4, 2016 B. Approve utilizing the Lake County, FL Contract 12-0806B with Bennett Fire Products Co, Inc, to purchase 90 sets of turn out gear at a cost of $184,050. Lake County purchasing process satisfies the City's competitive purchasing requirements. Motion Commissioner Katz moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 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. 16-019 - SECOND READING - PUBLIC HEARING - Approve and adopt the consolidated and updated Boynton Beach Community Redevelopment Plan. James Cherof, City Attorney, read Proposed Ordinance No. 16-019, by title only on second reading. Andrew Mack, Development Director, explained there was no formal presentation. There were five modifications that are now incorporated into the document. Those modifications were: • From NE 1St Avenue to Ocean Avenue between NE 3�d Street and the Florida East Coast (FEC) railroad have been revised to have a proposed future land use classification of mixed use high and a zoning designation of mixed use 4. • The Cultural District Overlay has been revised to include the entire Cultural District 0 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 Parcels on MLK Jr. Boulevard between the two commercial nodes at Seacrest Boulevard and the FEC Railroad tracks were revised to have a proposed future land use classification of mixed use low • The addition of a recommendation to review the feasibility of converting a portion of Sara Sims Park along the western boundary from Recreational land use to single-family; and • The addition of a recommendation for staff to review architectural styles and make recommendations regarding architectural guidelines that may enhance the character of the applicable districts. Mayor Grant opened public hearing. Tom McClure, 2004 S. Federal Highway, President, Boynton Coalition for Responsible Development, explained he sent all commissioners a letter which he read into the record as follows: "Your approval of first reading of the Ordinance 16-019 was a disappointment to the hundreds upon thousands of citizens that have respectfully, over the past nine months, tried to encourage City staff and Commission to support responsible development with reasonable, compatible, and sustainable height and density throughout the City. The citizens were not granted one concession in the proposed CRA Consolidated Plan. There was not one attempt to compromise. Zero. Rightfully so, they now feel disenfranchised from the City, disrespected and betrayed by the elected official they enthusiastically supported, and uncertain for their future vision of Boynton. Change does not always come without some pain. With the turmoil and distrust, this entire process has created cannot be ignored. One question, however, still needs to be asked. What do you like about this plan and more specifically, what do you like about Riverwalk Plaza? I ask for your thoughts on those two questions. The Commission, in our view, is at a crossroads with the citizens. Now is the time to give serious consideration to their desires and hit the reset button, We respectfully request that one further modification to Ordinance 16-019 be made. Revert the mixed-use 4 zoning district at the four corners of Federal Highway and Woolbright Road, to the longstanding Federal Highway Corridor Community Redevelopment Plan, allowing 75 feet tall buildings and density of 40 units per acre. While taking this consideration in mind, note that the average height of the surrounding area structures is less than 45 feet. Two of the four corners were redeveloped within the past five years and unlikely to make any site changes. Three of the four corner owners are not seeking any modification to the existing C-3 Commercial designation. Exaggerated density allowed of 60 units per acre on all four corners would equal to over 2,562 units and 5,000 plus residents and cars creating traffic gridlock. Is this a risk you are willing to take on behalf of the Citizens of Boynton? Responsible growth is the only road to take for a vibrant sustainable future for Boynton. Please, I ask you to not ignore the citizens or any future and preserve the integrity of our City. Respectfully submitted, Tom McClure, President Boynton Coalition 10 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 for Responsible Development." He thanked the Commission for their time in reviewing his letter as several have called him back and' spoke about it with him. He looked forward to their responses to the questions that are basic in nature. Susan Oyer, 140 SE 27th Way, distributed local historical maps of the downtown area from the archives at the Boynton Beach Library. She requested the Commission look at the geographical features of the area, and developers review them and rethink the four to six -story buildings they want to build in some of the areas. She requested the Commission speak to long-standing residents and commented the downtown area was previously filled with bogs extending out to Casablanca on Old Boynton Road and Boynton Beach Boulevard and those areas may not be geographically stable and there was no reason to have four and six story buildings along Ocean Avenue, which for a long time was a compatibility issue. She was very disappointed how this worked out and how the Commission, the CRA and the GRA Board ignored the residents, and disrespected their views on a regular basis. She was disgusted with the plans for Woolbright, US 1 and Ocean Avenue. She requested the Commission reconsider their position. Barbara Ready, 239 SW 13th Avenue, thanked all for their kind expressions and concern for her regarding her husband's passing. She had re-examined her priorities and urged the City Commission to do the same. If not representing citizens, recognize there are voting repercussions coming and finding candidates who are willing to listen to citizens is the citizens' priority. She requested better information about Mr. D'Almeida's project with mixed use high be given to the residents. She asked if it would be seven stories and she thought three stories were too much. Harry Woodworth, 685 NE 15th Place, President of INCA, commented INCA sent a letter to the Commissioners regarding the Consolidated Redevelopment Plan expressing INCA's support for the plan with two exceptions: do not put the height on the corner of Woolbright Road and Federal Highway and do not destroy low density areas by adding 75 feet and 40 units per acre all over, especially along Ocean Avenue. There was a board meeting at INCA and a past president did not attend the meeting. He visited the member and asked him to come to the meeting and was told he was so disgusted with the City he would not participate in any manner or venue ever He commented if development is east of Federal and in any of INCA's 10 communities, the Board will have left INCA behind. INCA is not against development, and they were told high density would be kept in the core which they believed, but now it is everywhere. He contended building for building's sake is not what redevelopment is about. It is about making this area a better place to live and he asserted they have failed. He noted INCA represents the north half and Mr. McClure represents the southern half of the CRA area and the Board was not listening to the citizens who lived in the area for 20 years, who invested money and resources into the community. He loves Boynton and it was Boynton's opportunity to do something with the uniqueness of the community. He understood the City needs the revenue because they did not solve the problems with the budget. He thought the Board was leaving the citizens behind. They are 11 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 disappointed and the past president will not be at meetings, but would make campaign contributions. Lulu DeCamera, 836 East Drive, commented they must prepare for the possible future side effects that may occur as a result of passing the new Consolidated CRA Plan as they are unbridled. The taxes in the CRA District stay in the CRA District and are not available to pay for past, present or future obligations of the City. She thought tourism was being overlooked and putting up high rises that create more heat and block out natural beauty will not make Boynton a destination spot. Bradley Miller, Miller Land Planning, representing the D'Almeida project wanted to address the Consolidated Plan modification for the area between Boynton Beach Boulevard and Ocean Avenue just west of the FEC railroad tracks. There was confusion and discussion on first reading about building height and the mixed use 4 zoning. What was not clear was the reduction in density was reduced by 25%. They were requesting that part of the density for mixed use core zoning which allows the 80 units per acre be consistent with the land use. It is an area the City previously focused on for development due to the train station and Transit Oriented Development area. He requested the Commission reconsider the decision. They had agreed with a planned approach to Ocean Avenue, the overlays in the area and are fully committed to the project being less than 100 feet as it is about 85 feet. They did not submit a formal application until this process was complete so they would know what to design. He commented the D'Almeidas were fine with the overlay area and step backs on Boynton Beach Boulevard. They were fine with the Ocean Avenue pedestrian areas and height limitations along the corridor, but once more than 16 feet, the way the plan is written, the building goes up to 45 feet and then steps back 30 feet, which creates voids in the building and the design. It would be a similar situation with Casa Costa which was not a good design. The D'Almeidas design was once going back 45 feet, it steps back 10 feet to allow for a patio area for residents, it gives views to the street and it is a better design. Once going over 80 feet, they could step it back to 20 feet for a total of 30 feet, which is recommended by the plan and addressed issues staff had with it. He requested they reconsider the density to 80 units per acres and reconsider the step back on Boynton Beach Boulevard from 30 feet to 10 feet. Commissioner Romelus asked if Mr. Miller was willing to make the height restriction a condition of approval and Mr. Miller responded they would. They would submit a formal application, and the design is well below 100 feet on the highest part and was consistent with the plan on Ocean Avenue. Ocean Avenue has a total of 35 feet for the first part and then it steps back 30 feet similar to what is proposed on Boynton Beach Boulevard. It is in keeping with the quaintness and activity for the streetscape. Boynton Beach Boulevard is a thoroughfare and has a different environment than Ocean Avenue. The requested 10 foot step back is on Boynton Beach Boulevard. 12 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4. 2016 Michael Weiner, Esq., representing Isram Development, appreciated the comments and from those who live in Boynton Beach for their visions and dreams. He commented at each public meeting, there was a vote in the majority in support of the Plan. Isram's plans have half the density that could be built. This opportunity arose because Boynton Beach has one of the few Intracoastal areas where the initial views from the south is a truck dock. So the vision, until this decade, was the ones that did not result in effective change and you were brought forward a plan that will have effective change. It has been debated, vetted and compromises have been made. Mayor Grant noted Steven Wheery filed an application for a height exception and the reason for the height exception above 75 feet was it was prettier and there are more public benefits with the architectural design. The public has spoken regardless of any public benefits, they do not want increased density or land use on the corner. He wanted to know why the increase land use is needed because if the density is not needed, they could rule on the height exception. Mr. Weiner explained there is a plan before them and they put in a plan for the density and those are issues that deal with site plan review. Mr. Weiner explained he was responding to the comment that there was no compromise. Buck Buchanan, 807 Ocean Inlet Drive, explained this issue started a year ago, under the guise of expanding an independent CRA Advisory Board as civilian positions were taken off the Board. There are three votes which caused the change which was against the will of the people. He commented ignoring the will of the people resulted in Mayor Jerry Taylor sitting in the audience. After this Board was seated, this issue was addressed again and ignored. A few weeks ago. the will of the people was ignored by the non -renewal of the CRA Director's contract. Two elements of the plan regarding spreading the height around the City is totally against the will of the people. He thought the people rejected the concepts and requested they look at their voting record and how often the Commission was on the other side of the will of the people. After the next' election, if they go against the will of the people he suggested they call former Mayor Jerry Taylor and ask him to save a seat. Commissioner Casello expressed he was tired of the veiled threats. Every vote he makes is for the betterment of Boynton Beach. He noted two individuals were removed from the CRA Board and were replaced with seven CRA Advisory Board members who live or have businesses in the CRA district. Mr. Buchanan responded that was the only thing the Board listened to the public on and they do not vote. Commissioner Casello assured him they take the Advisory Board's recommendations very seriously. Motion Commissioner Casello moved the area between Boynton Beach Boulevard and Ocean Avenue, the railroad tracks and NE1st Street, should have a land use of mixed use high 13 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 and zoning of mixed use core to allow 100 units per acre with the TOD bonus for the reasons stated by Bradley Miller earlier in the meeting. Mayor Grant noted this motion would remove the recommendation for mixed use 4 at the corner. It would just be mixed use high land use. Motion Commissioner Casello moved the building step back from Boynton Beach Boulevard should be 10 feet after 45 feet of building height rather than 30 and an additional 20 feet if the building goes higher than 85 feet on Boynton Beach Boulevard. Vice Mayor McCray seconded both motions. Commissioner Romelus asked why staff proposed a 30 foot step back compared to the D'Almeida's property. Colin Groff, Assistant City Manager, explained the step back is to stop creating a tunnel when coming down the road. If stepped back, there would not be a tunnel effect and it is the desire throughout the entire CRA plan to be set up this way. It meets the City's requirement which is why the City recommended it. Mr. Mack explained the step back is more consistent for change in zoning from mix use medium to mixed use low. It was for compatibility between the two zoning districts. Commissioner Casello asked if 10 feet eliminates the void areas and building and construction standpoint and learned the 10 feet allows the space to be more usable as it has to be balanced and it could give a better presentation from the street. He thought it was up to the will of the Commission. A 10 -foot step back would be more practical and make it easier to design. Mayor Grant asked if there were any wind tunnel studies regarding the 10 feet compared to 30 feet and learned there were no studies done other than what is known in design guidelines. Mayor Grant requested conducting a wind test study done at 10 feet, which Mr. Mack agreed to do as they get further into the process. Mayor Grant favored the 10 -feet step back to 85 feet and 20 feet from the property line. Amanda Bassiely, Planner, , Development Department explained there is a requirement for a pedestrian zone. The developer is required to have an 8 to 10 -foot sidewalk depending on their location and then a minimum 8 foot from there. It was from the face of the building after the pedestrian zone. The reason for the setback was consistency 'among land uses. The overlay is among different zoning districts and land uses. When starting from Boynton Beach Boulevard by 1-95, the maximum height of the buildings is 45 feet which is why the Overlay has recommending step back at 45 feet. It creates consistency on the face of Boynton Beach Boulevard. The 30 feet setback was why they requested a 45 foot cap. The 30 14 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 foot step back from there comes from height being in a zoning district that is 150 or 100 feet tall because usually the buildings are designed for podiums because they have a parking garage completely wrapped with commercial or some other uses, and then there is a tower design. If trying to fit the model on a different type of design, it can be a challenge. Bradley Miller explained the podium concept was not the design he wanted and they did not think it is the best thing for the City. Vote The motion on the modifications passed. Motion Mayor Grant passed the gavel and moved the Woolbright/Federal node be mixed use medium. He spoke with other property owners and they were fine with mixed-use medium. There is a height exception on file with City staff without any comments because they were waiting on a ruling from the City Commission. He thought it would be best to listen to City staff about the height exception and this way the Commission did not have to worry what is going to happen if all the properties are developed at mixed use high. Mixed use medium is up to 75 feet and 50 units per acre. Commissioner Romelus seconded the motion. Vote The motion failed 2-5 3 (Vice Mayor McCray, Commissioner Casello and Commissioner Katz dissenting). City Clerk Pyle called the roll regarding Ordinance No. 16-019. Commissioner Romelus commented she was troubled as the development was is in her district. Although some individuals are getting what they want, those in District III are not content. She is voting in the negative as the plan is not consistent with what her constituents want or with what she was elected to represent. Vote The vote was 4-1 (Commissioner Romelus dissenting.) 10. CITY MANAGER'S REPORT 15 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 A. PROPOSED RESOLUTION NO. R16-136 - Providing for expense allocations for the Mayor and Commission. Tim, Howard, Assistant City Manager, explained the Resolution confirms the expense allocations for the Mayor and City Commission. In 2010, the City Commission voted to reduce the allocation by six percent to the current values of $7,117 for the Mayor annually, and $6,581 annually for each City Commissioners. Following the vote in 2010, there should have been a resolution to come before the City Commission to approve, but 'it did not occur. This was a Resolution to confirm the Commission's current allocation. (Commissioner Romelus left the dais at 8:03 p.m.) Motion Vice Mayor McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed 4-0. (Commissioner Romelus not present for the vote.) 11. UNFINISHED BUSINESS A. Authorize City Attorney and City Staff to prepare Ordinance dissolving Quantum Park Overlay Dependent District. Attorney Cherof explained this item was the continuation of the dissolution of Quantum Park Overlay Dependent District, (QPODD). The matter was tabled the last time it was discussed as there were four pending lawsuits. The summary of the cases was contained in the meeting backup, as well as the suit with the South Florida Water Management District. He recommended the representatives give their point of view. Motion Vice Mayor McCray moved to remove from the table. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. Marty Perry, Attorney representing the QPODD, introduced Richard Ellington, representing Special District Services, Inc., the company that has the management contract with the QPODD ("the District"). Mr. Ellington manages the affairs of the District, who will speak about allegations regarding elections. Bernie Conko, General 16 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 Counsel for the District, and Mr. Kanter, a member of the Board of Supervisors, who primarily had previously spoken about a park were present. Quantum Park is 463 acres and is almost completely developed. There are a few undeveloped portions the City controls and the roads were conveyed to the City a few years ago as a result of an agreement that was negotiated. The District has 116 acres it owns and controls via deeded ownership, consisting mostly of lakes, wetlands, and sand pine reserves. The District is responsible for surface water management, which is a concern to the Plaintiff, and the District is responsible for water use, an irrigation pump station and distribution network covering roadways and the landscaping, construction permit administration for drainage permits, and for the management and protection of environmental areas. Quantum Park was a Development of Regional Impact (DRI) that was approved by the Treasure Coast Regional Planning Council and the City. There is an extensive development order and the District is responsible for taking care of those aspects of the development order that relate to their responsibilities. Mr. Perry referenced the handout which indicated what the approval process was relative to permits. It requires architectural committee approval, followed by City of Boynton Beach site plan approval, which is conditioned on the Architectural Review Committee (ARC) approval and then construction permits issued by the Florida Department of Environmental Protection (FLDEP), the South Florida Water Management District (SFWMD) the Lake Worth Drainage District (LWDD) and the QPO. The ARC was established by the Declaration of Restrictive Covenants that relates to the entire parcel, which was recorded in Palm Beach County public records on October 15, 1987. The ARC approval review criteria duties were outlined and included conformity and harmony of the design and layout proposed improvements with neighboring parcels and with the park as a whole, the effect of the location of the proposed improvements, the topography of the building site, grade and finish, ground elevation of the building site, proper facing and the main elevation of the proposed improvements in relation to nearby street, and conformity with design plans with the design criteria and with the terms of the Declaration. The portion of the Development Order for the entire District that was included in the DRI approval, points out Lot 17 and Lot 52, the Plaintiff's lots spells out the Development Order requires, that at the time of permit submittal, provide an approval letter of the site, and building designs from the Quantum Park ARC. The next issue was the District, at the request of the ARC was concerned permits were being requested from the District for drainage prior to the ARC reviewing and issuing its approval of the site. The ARC requested the District develop a policy which was done and adopted via resolution. The resolution provided the District provide a process for review and approval of construction within the District that will impact the District and will require prior approval by the Quantum Park Property Owners Associations ARC. There was an amendment to the resolution which provided for a waiver and appeal. If the property owner, (the Plaintiffs) felt they were unreasonably denied by the ARC they could appeal or if they were denied the drainage permit by the District Engineer, they could appeal to the Board of Supervisors. The plaintiff was made aware of the process, 17 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 but never did so. The permit status reflected there was one property owner with three pieces of property who complained about difficulty getting permits. Mr. Perry noted other properties received numerous permits including the plaintiff's properties. Over all the years the District was in place 2004/2005 and prior thereto, the entire park was developed without any problem with any of the developers. The only developer that had a problem was the Plaintiff. Lots 52, 17 and 100 were reviewed and were the problem lots. Lot 100 had a series of unauthorized construction, tree damage and walls on District property. Lot 17 had an issue with a pathway with unauthorized construction, and the same with Lot 52 with a hardwood swamp upland, and Lot 101 had a hardwood swamp destroyed, all of which led up to the issues now being heard and raised by the Plaintiff's attorneys. Mr. Perry commented all the District did was try to adhere with the District's Development Order and protect the environmental issues. Mr. Cherof had pointed out there are four lawsuits pending and an administrative proceeding, which was settled subject to action by the Plaintiff, which has not come forward regarding the South Florida Water Management District Administrative Hearing. Mr. Perry noted if the Commission dissolves the District regarding the agreement pertaining to the roads, the District was nearing its end. The City could have taken over the roads previously, but the City insisted the roads be improved. The District borrowed money to do so, but the City did not want to undertake the payment of that debt. Mr. Perry commented the debt is down to about $2 million, which if taking over, the City would have to make those payments. Mr. Perry saw a proposed hold harmless agreement regarding the other lawsuits and was unsure what it does, as the Plaintiff is, not dropping the lawsuit and he inquired who would pay the City's legal fees to defend the District. There is $150K in the 16/17 budget for projected legal fees and the City would have to spend $150K to defend the lawsuit. He had previously suggested that if the City wanted to grant that to them, the Plaintiffs should dismiss the lawsuits with prejudice to all parties. If not defending everyone, the City would subject itself to additional potential litigation. He noted a letter was sent from the Attorney for Eugene Gerlica, an employee of the District Engineer, as the District is defending him. It is a complicated mess and Mr. Perry cautioned careful thought should be given to the issues. Richard Ellington, District Manager, explained his company manages 83 of these types of Overlay Districts. He recently saw two different letters sent to the City Commission, one signed by Mr. Olenicoff and another by Mr. Parks' partner, Peter Sacks. He commented in their letter there is a reference by the Overlay District there was a landowners meeting to elect a Board of Supervisors. Mr. Ellington explained there has been an election of landowners every two years, another scheduled for November 1st. The Statute and Ordinance that created the District is clear what has to be done and individual notice is not given, rather notice is provided via publishing and he could provide proof of publications and minutes of all prior meetings. MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 Commissioner Casello asked about the composition of the QPODD Board and where they live. The landowners nominate and elect who they chose to run the District. There is no requirement by law they be residents of the District and three of them are- not. Commissioner Casello asked if there was any personal relationship to members of the Board. Mr. Ellington explained Mr. Kanter is a resident, Mr. Slaman is the Chairman of the Board and a developer, Cyndi Benson, is a mechanical engineer and she is an independent contractor. Vice Mayor McCray asked Attorney Perry about the Resolution that was voted on when the agreement regarding the road was made as his name is on the Resolution. He was concerned it may be a conflict and learned from Attorney Cherof there was no conflict. Commissioner Casello asked who appoints the ARC and learned they are appointed by the original Declarant that created the overall District. He clarified the original Declarant was the POA representing 553 acres. Mayor Grant asked about the landowners and POA. Mr. Ellington explained the POA is comprised of landowners. The Community Development District (CDD) is comprised of land owners. There are two separate elections held: the landowners who can vote in the POA elections can also vote for the Board of Supervisors of the Overlay District, which is the QPODD, which is separate from the POA. Mr. Perry commented on Commissioner Casello's question, if there was any personal relationship to members of the Board and learned he did not think so, but there was the prospect of a relationship as Eugene Gerlica is on the ARC and is not on the QPODD Board and he is the District Engineer, creating a crossover. Desha Pencheff is a member of the Board of Supervisors of the QPODD and she also sits on the ARC. Commissioner Katz asked if anyone saw a conflict with paid employees of the QPODD having seats on other committees. Mr. Perry explained it is an issue in the litigation. Mr. Ellington explained a complaint was filed against Ms. Pencheff by Mr. Olenicoff's attorneys with the Florida Commission on Ethics and she was cleared. Andre Park, Olen Properties, was not present to speak about the litigation as he is not a litigator. Mr. Park wanted to discuss Ordinance No. 05-061, based on one fact as per Statute. He commented this District and continuation of the District and providing services is the most efficient and effective mechanism to provide the services. He explained the answer is no and they were present a few months ago, and they determined from information provided by staff, that property owners, residents and business owners are paying a 60% premium on assessments by the District and they are not efficient or effective. That was the main purpose of attending. He commented he would answer any question the Commission has that he has knowledge of for the litigation. Mr. Park explained Mr. Perry did bring up a valid point there are four suits pending and it is a mess, the City should not be part of it and a mess has been created under their watch. Mr. Perry had indicated what the extent they believe would be the City's liability which is $150K. Mr. Park explained the $150K translates there was an 19 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 overage of $420K, less the $150K if the City would absorb it and turn it back over via assessments to property owners. If doing that, even with all the legal fees that are projected, the City would still save the citizens $270K and Mr. Park would thank the City to dispose of the District and the City provide the services. Commissioner Katz announced he brought this up in July and he was making no attempt to dissolve the District as there are potential liabilities to the City. He did not care about the lawsuits at all. His original intent was to save taxpayers hundreds of thousands of dollars a year. He only cares the ARC approval board is an obstacle to reducing tax liability for residents who live in the QPODD by 40% to 50%. He wished there was some resolution of the lawsuits. The Districts are destructive beyond a certain point. They are set up for a certain reason, reach a certain age and then continue to exist to bilk taxpayers out of money by paying people to sit on boards or hire contractors. After extensive discussion with the City Attorney about dissolving the District, he thought the Commission should continue to direct the City Attorney to try to deal with these cases so the City is not exposed to potential liabilities of legal costs or damages from whatever may come from a hold harmless agreement. He commented the hold harmless agreement is not strong enough. He wanted to eliminate the District to save tax dollars and to build a park. The District will increase its assessments by $150K and is facing millions of dollars in potential damages, and there will be no funds to build a park. Taxpayers will not realize savings. He thought there were people abusing residents of Boynton Beach due to pride. Commissioner Casello asked if the lawsuits were not pending, if Mr. Perry would be adverse to dissolving the District and learned the District is nearly built -out. The issues that need protection were the environmental and water management issues. The City could take it over. Mr. Perry explained the District would not fight them, but the monies Commissioner Katz referred to was the result of the litigation. It is just one person holding all up. He thought if they could resolve the issues, there were no problems. Commissioner Romelus asked Mr. Perry what the ideal outcome would be and learned the issue is this person does not want to deal with the District. Mr. Perry did not believe the lawsuits had any merit. He wanted them to dismiss the lawsuit with prejudice as to everyone, and get rid of the bogus $20 million claim which would bankrupt the District. Commissioner Casello asked Mr. Park if his client would be willing to do something and learned his client would want to get some of his money back as he spent a lot of money on legal fees and would like to reach a settlement, but the offer was nothing. Commissioner Romelus noted Mr. Park's client had a choice to spend money on legal fees. She asked where the middle ground was and learned they want to develop Lot 52. They came to the City in 2014, just prior to the lawsuit and said they were having 20 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 an issue. They came to the City, received City approval and got all the way to the SFWMD. Mayor Grant asked if the City took over the water management if they could move forward and learned if they took over the permits. Mayor Grant thought they were not effectively running the environmental and water management and if the City could take it over and allow the QPODD to pay off the bonds and build a park, hopefully the issue would be moot once the development starts. Mr. Park explained that would be a step in the right direction. Mayor Grant commented if development is not occurring the only thing increasing is attorney fees. He thought they could move forward with development in the City which would increase the tax base. Mayor Grant thought the City could handle the water and environmental aspects and if the ARC wants to make recommendations, they have opportunities to do so at the Planning and Development Board and the City Commission. Four different approvals are excessive. He had reviewed the Restrictive Covenants which indicated Quantum Associates was the Declarant. He did not think it was the same Quantum Associates, he did not know who the assignor was, but the POA uses a public vote, but it is not what the covenants indicated. He asked if the ARC is open for a public vote. Bernard Conko, General Counsel for the QPODD, explained the ARC members are appointed by the Declarant and the Declarant is under protective covenants that created the whole thing. The current Declarant is Douglas McDonald who succeeded the prior Quantum Associates. He appoints the ARC. The POA Board is separate and under the Declaration Mr. McDonald is the President of the POA and on the ARC. He has nothing to do with the QPODD. Vice Mayor McCray questioned what the plans were for Lot 52, and learned they wanted to build the same type of residential apartments for about 200 units, but he agreed to email the information. Mr. Perry commented in reference to Lot 52, they were in negotiation to settle the litigation and the permit they were seeking was offered to them but was turned down because they wanted the $20 million, which the District does not have to pay. Attorney Cherof could verify the information. Mr. Perry explained he still has not heard anything from Mr. Parks as to whether his client will dismiss the suit with prejudice. Mayor Grant agreed Michael Weiner, Esq., explained it took decades to develop the property into the current property. Whether they were suppressing people from complaining was unknown, but one person had difficulties and it had to be a successful person to be able to make their way into court. He thought it was incorrect to characterize it as the only problem with Quantum. The lawsuit will not be retried tonight, and noted Commissioner Katz was 21 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 looking for tax savings. He thought there could be discussion outside of the meeting, but both parties have said as much on the record. Motion Mayor Grant passed the gavel and moved to approve a resolution or ordinance the City take over environmental and water and all other management decisions of the QPODD except for paying off the bonds and building a park. Attorney Cherof explained the City cannot unbundle the responsibilities of the QPODD. Attorney Cherof thought the second recommendation in the meeting backup was to direct him to work with the QPODD Board and counsel to, over time, take away some of the responsibilities with the end result being the dissolution of the QPODD. It would be sequential in nature and done in part, with an Ordinance that step-by-step modifies the role of the District. Mayor Grant noted the QPODD is up for election in November and the meeting will be held on November 1St at 2:00p.m. at 2500 Quantum Lakes Drive. Only one landowner has to be there for a quorum to be held. On average, about 130 to 150 landowners vote. Each condo owner is considered a land owner and get a percentage of vote per the Ordinance to have equality between the homeowners and industrial residents. The City gets one vote per acre. Mayor Grant asked who the City representative was and learned it was whoever is designated by the City Manager or the City Commission. Mr. Conko noted neither the City nor Mr. Olenicoff's representative attended. Commissioner Katz wanted to direct the City Attorney to continue to work on the lawsuits and put together language, on a timeframe, while cooperating with all parties to wind down and eliminate the District over time. Commissioner Casello thought the City should have representation during voting. Motion Commissioner Romelus nominated Chair Grant to represent the City on voting matters for Quantum Park. Commissioner Casello seconded the.motion, The motion unanimously passed. It was noted three of five seats are open for election. Two candidates receiving the most votes are elected for a four-year term. The third candidate receiving the most votes is elected for a two-year term. There is also a vacancy, whose term does not expire until 2018 that can be nominated and elected to fill the unexpired term. There are actually four seats that can be elected and changed during this election. Commissioner Casello recommended Mr. Park have a representative at the vote. 22 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 Commissioner Katz inquired about the qualifications to serve on the Board that people do not have to be residents of the District or the City. He asked about amending the ordinance to make it a requirement. Attorney Cherof agreed to bring back a procedure to address it at the next City Commission meeting. Mayor Grant inquired if there was a second to Commissioner Katz's request. Commissioner Casello seconded the request. Vote The motion unanimously passed. Attorney Cherof will work with the QPODD on dissolution of the QPODD. 12. NEW BUSINESS A. Vice Mayor McCray has requested to discuss the John Denson Pool at Wilson Park. (Heard out of order.) Vice Mayor McCray commented he thought the issue with the pool was settled. When the item was last heard, it showed the pool was never a money making entity for the City and it never will be. He thought young individuals who want to swim for a dollar were being penalized and if the vending machine was a problem, they should remove the machine. The pool was built to prevent the community from swimming in the ocean. There were stigmas attached to it when it was placed in District II, and they still have youngsters who want to swim.. He did not want to hear someone drowned in a canal. The pool is not a money making facility. He favored if youth want to swim, the City should forget about the $1 and let youth use the pool as the City still has to pay the lifeguard if there is one person in the pool or twenty people. Motion Vice Mayor McCray moved to do away with the $1 and let anyone swim in Wilson Pool swim. Mayor Grant agreed, and asked if this would be for anyone anywhere or if it was for City residents' children. Vice Mayor McCray responded it was for City children residents as they do not want to be discriminatory. He commented Ft. Lauderdale sells an annual pass for $5 and pass holders can use any facility. It was similar to contributing something back and parents do not mind paying $5 for an entire a year. The City still pays for the lifeguard, and keeping the pumps running, it is still an expense. He thought the City was defeating the purpose and the City should let neighborhood youth swim. Mayor Grant noted the issue is parental responsibility. He asked about the policy with minor children and if a five-year old could just come into the pool. 23 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 (Commissioner Romelus returned at'8:07 p.m.) Wally Majors, Recreation and Parks Director, explained it is contradictory to Florida State law, in terms of abandonment. He was unsure what the minimum age was, but commented a parent cannot just drop a child off without some type of adult supervision. Mayor Grant asked if an older brother would suffice and learned it depended on the age of the older brother. He commented the City does not want parents just dropping children off and having the lifeguards serve as babysitters. He asked what the minimum age when a child could go to the pool unaccompanied and learned it was 12 years old. Mayor Grant agreed that anyone under that age should not have to pay as long as they are accompanied with someone responsible and as long as one person is paying. Rev. Bernard Wright, CEO Bernard Wright Ministries, the Robert E. Wells Foundation and Real Talk Radio, commented he is a community advocate and he had a petition signed by 250 parents in the neighborhood. He read from the petition the neighborhood "is denied the use of their historical neighborhood pool due to policy changes implemented over the years by the Director of Parks and Recreation, Wally Majors. Due to those policy changes,, neighborhood children as well as adults have been deprived the joyful use of the Densen Neighborhood Pool during logical and normal hours. The -hours are 9 a.m. to I p.m. and 4:30 p.m. to 7 p.m. during extended hours and the heat of the summer". Those hours are being utilized by those who can afford a $60 to $70 per month swim team fee as well as fees for swim lessons. The petition was seeking the support of the Boynton Beach City Commission and City administration to change the times and policies which have deprived the use of this neighborhood pool regardless of loss of the fees to the City and at the same time, remove the fee charge for entry to the Densen Pool for children up to 12 years of age. Rev. Wright commented the gravity of the petition required a change which came about through the City Manager and Mr. Majors. He commented $1 should not be the thing to deprive a child from being able to go in the pool and learn how to swim. Youth are exercised and after coming out of the pool, they get the homework done, they are not in the street, or subject to what is out there and there is nothing in Boynton to engage teenagers and children, except the pool. He commented the pool does not make $7,000 and no one is in the pool except suburban people with BMWs and, they are very offensive. He explained every day youth ask him for a dollar. They want to go to the pool, but they take the dollar and buy candy. He favored a policy that swimmers do not eat 30 minutes before swimming. Rev. Wright explained Mr. Groff did not read the petition, and the community is very happy with the hours, but thought what good are the hours if there is a fee. He had a text from Mr. Groff which indicated staff discussed the issue and the City Commission decided to leave the fee as established which are among the lowest in the County. He pointed out Mr. Groff did not address the lines in the pool used during swim meets which encumber swimmers. He asserted the pool was placed there for the neighborhood and not the entire community. Other residents M] MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 were welcome to fill the pool to capacity, but not at the expense of depriving neighborhood children. Mayor Grant wanted minors to be accompanied by an adult. Rev. Wright noted his neighbor was 10 and goes to the pool unaccompanied. His child is six and he accompanies his son to the pool. There are others that are 9 and 10 that are at the pool every day as he gives them a dollar. The lifeguards know them and there is no problem. He thought 10 and 11 year-old youth should be able to go there alone as they can stand up in the water and they cannot drown. Mayor Grant explained part of the reason is they rdo not want teenagers coming in and causing a ruckus. Rev. Wright noted the pool had two lifeguards and it was crowded daily for 30 years at no cost. Now there are six or eight lifeguards with no one in the pool. Vice Mayor McCray explained years ago, youth swam at no cost without supervision and bringing this issue up was unfair. There were no problems then. He questioned when the law came into effect about minors and advised it bothered him, as it appears it is another avenue the City is trying to pursue. They had a kiddie pool. Commissioner Katz noted other than the item on the agenda, there is no information or backup and he requested they be given time to ask staff questions before they change a policy. Vice Mayor McCray pointed out Ms. LaVerriere conducted a study that was sent to everyone. At the time the item was discussed and voted on, it was about the $1 and everyone was okay with it and they changed the hours. The City was rehashing the issue. The City will not go broke for allowing a young child to swim and the City is paying about $16 an hour for lifeguards. He disagreed with Mr. Groff's comments as he did not have the facts straight on this issue. Vice Mayor McCray emphasized he indicated if a child did not have the money, the child should be allowed to swim. Commissioner Casello asked if a child was turned away because they did not have $1. Mr. Majors responded on an annual basis, anecdotally, it occurs once every three or four months. Rev. Wright disagreed. Vice Mayor McCray requested confirmation any child can go to the pool and swim without a dollar. Mr. Majors responded there are occasions where children are turned away. If staff can determine that there is no doubt the child can pay the dollar, they will be asked to pay. There are instances when it is obvious a child cannot afford the fee, staff will let them in. Vice Mayor McCray commented it was brought to his attention a child went to the pool with $10, and they did not want him in because he went to the vending machines. He questioned why there are vending machines in the pool area. Vice Mayor McCray reiterated his motion was do not charge a child $1 if they want to go to the pool to swim. 25 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 Rev. Wright commented there were issues that need to be discussed. He felt Mr. Groff did not read the petition which is disrespectful to the signors, and the City did away with the hours, but questioned what good the hours were, if there is a fee to swim, or address the ropes in the pool. Commissioner Katz defended Mr. Groff as he provided a very fact -based, response. The petition does not change what happened in the past. Mr. Groff only reported what was decided in the past, based on the consensus of the Commission. Commissioner Romelus commented when they voted a few weeks ago, the issue was the hours, now it is the dollar. She requested confirmation the issue Rev. Wright had previously raised pertained to the hours, which was rectified to his satisfaction according to his comments. Rev. Wright confirmed it was, but it was about the fee too, and he was advised it was taken care of. Commissioner Romelus did not recall it was about the fee. Vote The motion was to do away with the $1 for youth under 12. Commissioner Romelus seconded the motion that passed 44 33=2. Commissioner Katz dissented and commented he would have preferred to abstain because he has no idea about the fiscal impact of the initiative. Commissioner Casello also dissented. Commissioner Casello asked if youth had to show identification and learned 12 year olds do not have identification. Vice Mayor McCray commented it is up to the lifeguard. He expressed they will run into more problems, but the City should let the youth swim. Commissioner Romelus asked if youth under 12 have to be accompanied by an adult and learned they do not. 13. COMMUNITY REDEVELOPMENT ADVISORY BOARD - None 14. LEGAL A. PROPOSED ORDINANCE NO. 16-020 - SECOND READING - Amending Chapter 18, Article IV of the Boynton Beach Code of Ordinances entitled Pension for Firefighters. Attorney Cherof read Proposed Ordinance No. 16-020 by title only on second reading. Motion Commissioner Casello moved to approve. Vice Mayor McCray seconded the motion W MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA Vote City Clerk Pyle called the role. The vote was 5-0. OCTOBER 4, 2016 B. PROPOSED RESOLUTION NO. R16-136 - Approve the Declaration of Restrictive Covenant for the project known as STOR-ALL LUXURY RV AND BOAT STORAGE to be recorded with the property. Motion Commissioner Casello moved to approve. Vice Mayor McCray seconded the motion. Vote The motion passed 4-1 (Commissioner Romelus dissenting.) Mayor Grant asked if the Commission could add a restrictive covenant requiring language regarding the preferred route in the lease must be used. Attorney Cherof did not recall it was a condition of approval and commented it would be an unusual provision to put into a restrictive covenant. He had never seen a provision that could bind a landlord and a tenant. Mayor Grant asked about enforcement. Attorney Cherof explained enforcement would be through neighborhood residents and monitoring. Additionally, the operator would take action against their tenant for violating the lease provisions, and if they failed to do so, as a condition of approval, the City could revoke the site plan approval. There would be a process to do so, including a public hearing. Mr. Perry, representing STOR-ALL explained there was a condition of approval that the applicant agrees to incorporate into its lease agreements the requirements that the tenants access and leave the property using West Ocean Drive and covenants with the City they will enforce that lease provision to the fullest extent possible. They agreed to it already and it is not something you want in restrictive covenants. Attorney Cherof explained there were two issues raised by the applicant regarding the Declaration and Restrictive Covenants pertaining to what language do you describe what a recreational vehicle or what other motor vehicles are, and references to a statutory provision. He commented he had no issue to the proposed change. Mayor Grant queried what a non -class A recreational vehicle was and learned there is no reference to classes, classed vehicles is a manufacturing and marketing term. Class A was the largest sized, more luxurious vehicle. Attorney Cherof agreed with the handout Mike Rumpf, Planning and Zoning Director, had distributed. Commissioner Katz asked why the issue was not raised earlier. Mr. Rumpf explained this was placed in the Conditions of Approval early on to have a parameter and thought it was overlooked by the applicant and/or his representative. It was not intended to be that restrictive and they seemed to accept it. In addition to class A, it would allow for 27 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4, 2016 smaller RVs. Attorney Cherof explained it does not change the configuration of the site plan. Mayor Grant was fine with the modification for allowing other recreational vehicles. Commissioner Katz commented he would not support it as the language was different from the original site plan. Commissioner Romelus questioned how the oversight occurred. Mr. Perry responded it got lost in the process as they were trying to find a definition for luxury. Bradley Miller, Miller Land Planning, represented the applicant during the process. The condition was not in the staff report or recommendation that went to the Planning and Zoning Board. The first time it appeared was in the staff report and recommendation that went to the City Commission. He did not know until after what class A meant. They did not submit language. It was a controversial application. The handout was an industry definition that made more sense. Commissioner Casello noted there were big buses, and now there are collapsible camping trailers. Mr. Miller listened to the entire City Commission meeting and not once was it presented by them or staff. Attorney Perry noted there is a need for this type of use. He agreed adding in the statutory definition made sense. Mayor Grant commented luxury is the high end and Class A specifically means only bus styled RV's. Motion Vice Mayor McCray moved to keep the language as is. Commissioner Katz seconded the motion. Vote The motion passed 5-0. With respect to restrictive covenants, the clause the applicant wants stricken is the owners of immediately adjacent properties or their successors have equal standing to enforce the covenants and it addresses if the City did not enforce the covenants, but the property owner might. The addition of the clause that is proposed to be stricken empowers the immediate residents to enforce the covenants if the City did not. After further brief discussion, there was agreement to table the restrictive covenants and discuss both matters and Mr. Rumpf and Attorney Cherof would bring the item back. Motion Vice Mayor McCray moved to approve. Commissioner Katz seconded the motion. Vote The motion passed 5-0. 4.1 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4. 2016 C. Pursuant to Section 286.011(8), Florida Statutes, I am requesting a private attorney-client session of the City Commission to discuss pending litigation in the following cases: 1. BYRON L. HARRIS, JR., Plaintiff, vs CITY OF BOYNTON BEACH, MICHAEL BROWN, MATTHEW MEDEIROS, STEPHEN MAIORINO, RONALD RYAN, JUSTIN HARRIS, CORY HERNY, ALFRED MARTINEZ, and Other unknown officers, Defendants — United States District Court, Southern District of Florida, Case No. 9:16-CV-80148-ROSENBERG 2. GERMAN MINA, Plaintiff, vs CITY OF BOYNTON BEACH, FLORIDA, Defendant, Palm Beach County Circuit Court Case N o. 502015 CA002978XXXXM BAJ Attorney Cherof explained the above two cases require a closed -door session. He suggested the Commission meet before the CRA meeting for about an hour on Monday the 10th. He did not suggest hearing both cases on the same night. The second case could be discussed in a closed -door for 30 minutes before next City Commission meeting at 6 p.m. on October 18tH 15. FUTURE AGENDA ITEMS A. City Commission to review Legislative Priority List for upcoming Legislative Session - November, 2016 It was noted Mr. Howard would meet with the City's Lobbyist next week and bring back priorities. B. Monthly Departmental Presentations: Fire - October 2016 Human Resources - November 2016 City Clerk - December 2016 Library - January 2017 Communications/Marketing - February 2017 C. PROPOSED ORDINANCE NO. 16-018 - SECOND READING - Approve amendments to the Comprehensive Plan Coastal Management Element for transmittal to the Department of Economic Opportunity for the State -Coordinated Review. The proposed amendments address new statutory requirements pertaining to prevention/ mitigation of flood hazards in the coastal areas (Chapter 163.3178, F.S.) and update the remaining objectives and policies to account for completions and changes in the City's programs. (TBD upon return with State approval) 29 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 4. 2016 D. Upon successful negotiations, the Commission will ratify the SEIU and PBA union contracts -TBD 16. ADJOURNMENT Motion There being no further business to discuss, Vice Mayor McCray moved to adjourn. Commissioner Katz seconded the motion. I Vote The motion unanimously passed. The meeting was adjourned at 9:40 p.m. 0 JPth A. Pyle, C Citv Clerk 0-0�AVU4LL Catherine Cherry Minutes Specialist 30 CITY OF missioner - Joe Casello WE THEUNDERSIGNEL -, ARE BEING DENIEU THE USE OF OUR HISTORICALLY NEIG POG -1, BECAUSE OF POLICY CHANGES IMPLEMENTED OVER THE YZARS BY THE DIRECT OR OF PARKS Al'f'!D PIECREAT ION WALLY MAJORS. DUE TO THOSE !30-1,ACY CHAI'+1GES NEiG:-fBGRi-lC0D CHILDREN AS WELL AS ADUUIS kxAVE BEEN DEPRIVED THE JOYFUL USE CF 77HE DENSON NEIGHBORROOD POOL DURIING LOGICAL AND NO RMAL HOURS. ri""HESE HOURS BEING FROM 9 AM - I ?M AND 4:30 - 7 PlVl DURING THE EXTENDED H3URS AND THE EAT OF' THE SUM.14ER. T�."O SE HOURS A BEING UTTERED BY THOSE SE WHO CAN AFFORD A $60 - $7513E MGNTH SWIM TEAM FEE AS WELL AS FEES FOR SWIM LESSON&WE AREA AS:,,CING FOR rt"HE SUPPORT OF THE BOYNTON BEACH CITY ,,r -I CN -& J -M A�-W CI eN W.O-% T� T -jkTT-t M-1 77 NTISTIRAT -brn-IL T rX-10 AINu ILHE Ckt,,YADr-,lllx 31 JL%-.Yi,q X I CKANGE, rlr.FES!l: "I.FIMES AND POLICIES WHICH HAVE DEPRIVED THE USE OF T HIS NEIGHBORHOOD POOL REGARDLESS OF THE LOSS OF FEES TO THE CITY AND AT THE SAME TIME REMOV Z r -"ITE FEE 42HARGED FOR ENTRY TO THE DENSON POOL FOR CHILDREN UP TO TH'-q., AGE OF 12. All tk" A/t67 NW iZlve Wlb j4 (3-jzQ-::s s J 12- acich E� � • J �2 5s � Ccs �. o s s , n •A 31 � � M LS h 2,� � ,� � � � L � �� i,.,�ar -��. �L , -�� �{ � l car bCkrct oljM-b 6 V 13-b,—"' AVE Ale, A�l �23� .,J��n�'�- �3r��„��t �1J�. 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S��l � l � l4aS I �i e�1Q21 �\��1na� -3�y-3S, M��,�,,� s fi��L 3ts�vw q95 eA- l�� n LLI 21"' 1231� 1111-6113 101k ID z 4[ fr o,- / '6 A)w % cy�A L4 6 k vu a 12'[ Lo 1401 N� � �t UL Item 14. B — Supplemental handout Descriptions of Recreational Vehicles Industry Standards (Source eHow.com): Class A A class A is a motorized RV built on a special chassis that is designed specifically for motor homes. They are generally considered the nicest motor homes of the three main classes. The large size of these RVs allows them to have most of the comforts of a house. Usually they have a full kitchen, a full bathroom and self-contained water and sanitation systems. Many of them have a full enclosed bedroom and a washer and dryer. Some models have slide -outs that provide extra living space when parked. Class A RVs are rectangular in shape. The most common lengths are 30 to 40 feet long. Some people use class A RVs for full-time traveling around the country. Class B A class B is a motorized RV built on a van chassis. This type of RV is usually called a "van conversion." Van conversions are much smaller than class A RVs, being on average 17 to 19 feet long. Living space and amenities are limited in conversion vans. Van conversions either do not have bathroom facilities or ve portable chemical toilets instead of on -board sanitation systems. Some van conversions have pop-up roofs to provide additional standing room when parked. The smaller size of a class B makes them easy to drive. Some people use these as their regular vehicle as well as for camping. Class C A class C is a motorized RV built on a truck chassis. They are a mid -grade RV --bigger than a class B and smaller than a class A. They have more amenities than a class B and fewer amenities than a class A. Most class C RVs leave self-contained water and sewage systems. Class C RVs have a overhang over the main cab. The overhang serves as an extra sleeping area, which is useful since these RVs usually do not have a separate bedroom. Some class C RVs are designed with slide -outs for extra room when parked. The average size range of a class C is 20 to 31 feet long. Florida Statutes: 320.01 Definitions, general.—As used in the Florida Statutes, except as otherwise provided, the term: (b) A recreational vehicle -type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. Recreational vehicle -type units, when traveling on the public roadways of this state, must comply with the length and width provisions of s. 316.515, as that section may hereafter be amended. As defined below, the basic entities are: 1. The "travel trailer," which is a vehicular portable unit, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle. It is primarily designed and constructed to provide temporary living quarters for recreational, camping, or travel use. It has a body width of no more than 81/2 feet and an overall body length of no more than 40 feet when factory -equipped for the road. 2. The "camping trailer," which is a vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use. 3. The "truck camper," which is a truck equipped with a portable unit designed to be loaded onto, or affixed to, the bed or chassis of the truck and constructed to provide temporary living quarters for recreational, camping, or travel use. 4. The "motor home," which is a vehicular unit which does not exceed the length, height, and width limitations provided in s. 316.515, is a self-propelled motor vehicle, and is primarily designed to provide temporary living quarters for recreational, camping, or travel use. 5. The "private motor coach," which is a vehicular unit which does not exceed the length, width, and height limitations provided in s. 316.515(9), is built on a self-propelled bus type chassis having no fewer than three load-bearing axles, and is primarily designed to provide temporary living quarters for recreational, camping, or travel use. 6. The "van conversion," which is a vehicular unit which does not exceed the length and width limitations provided in s. 316.515, is built on a self-propelled motor vehicle chassis, and is designed for recreation, camping, and travel use. 7. The "park trailer," which is a transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. The total area of the unit in a setup mode, when measured from the exterior surface of the exterior stud walls at the level of maximum dimensions, not including any bay window, does not exceed 400 square feet when constructed to ANSI A-119.5 standards, and 500 square feet when constructed to United States Department of Housing and Urban Development Standards. The length of a park trailer means the distance from the exterior of the front of the body (nearest to the drawbar and coupling mechanism) to the exterior of the rear of the body (at the opposite end of the body), including any protrusions. 8. The "fifth -wheel trailer," which is a vehicular unit mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use, of such size or weight as not to require a special highway movement permit, of gross trailer area not to exceed 400 square feet in the setup mode, and designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle's rear axle. BOOMER -edited-ljpg ft A, 77-�, C7 P to 'eff, Page 1 of I https://mail.google.com/ A s/mail-statid / - c _js/k=gmail.main.en.bQuExRcpc4k.0/m=m-i,t,i.- 10/4/2016 Slough (low marsh) 41. Avenue (Palmetto) Dewey Grove Palm Street Women's club RaVway Statian Methodist Church Federal Highway Intracoastal Dewey Place Dewey House Architectural Review Committee, "ARC" �ecjpraiiori.recorded in Public Record h6d"M 1145, October 15, 1987 ARC. � ARC Approval Criteria Declaration: Article IV Section 4.3 Approyal ■ The conformity and harmony of the design and layout of the proposed Improvement(s) with neighboring Parcels and with the Park as a whole; ■ The effect of the location of the proposed Improvements(s) to the topography of the Building Site; ■ The relation of the proposed improvement(s) to the topography of the Building Site: ► The grade and finished ground elevation of the Building Site; ■ The proper facing of the main elevation of the proposed Improvement(s) with respect to nearby streets; ■ The conformity of the Design Plans with the Design Criteria, and with the terms of this Declaration. IsiMcRTK?of?ts tl..... AN...... G 7: F .:re p.*.u•• i c-_, •io-•: o.., ��rt !vn u. rlaae Mr. Fr*...1. .. wc.Y�r .a.mr.w1 . «..w.nr s.r .,,1 •... wil}+ w :k•i.wen r:�4R1 a.e r .y1dwF. Ep-naad n ev :•fly 1 .a�•-�.. rlrR w p•k.q r�s�aar++..n ..k ups v+rr ;, a rn. Y 7�••+� +f�-wra• r.�rrwr ywxs.:+=ra. r.. ` w �•it N M. a+d �1aryf IMr^f. ex,,, db W..u. nV�.Y1.. oqM tarra<+ o., txhl ufr d w,rr,. ORE t• it c�v+rar m-✓.a.•w� wFn m. wu..l:k.x..m :... 7.r �. a ,y ♦1 r.,» a rar+. w.M►.rwm p1+.Lx y.n,.;.>ra: n ani. a nr WW.R n k. .ti.pr t-•x.rrn rr A.. iwn • Prw !F}. aEy f!r �ryF M -.j Ix4r p.n .4'F7' J M e'i�•FJF ;,roM 1.w r✓ (.nFR �pp[,Mn an[+^.+Y n^Y+f p1�i whr.•aif E bhm PH ' F.Wwq Fro .04 e• Iti n. A M -Cor iwa5 " a• x w �! iwrn�t w0. < nrr.. rd r..-r..ryor�T r rp�y+r y.� p. pwrr r•<e • 01 ATO iIIrel 91•19s1rA0,6301to, • ia#..1+1rs�}ii�i4.:1 L«f ��.{%5j'�a. E 1 :i r.l# ;s the ;Pr,i€c-F.Viccc . to ensure that the a#ap1iW4un d, rE°t;.t':, a 'i .7i:t r# ' :i2Ti3 Ea:r3Cs3 with Owin nc:g! i �� tJa:- c)" n ; E �e ao�-ln �: C :. ; i• nno 3r> -iff. avit prowlsol to Qt9 0 orh. 2 1•t! lono,;� of pooril iitiarc-ltkin wbr-ttt A pleas a prrvir f: rosm---sinin s le res €.r pf-irksasy r _rd tr:nient into tho ut y � 11f t aJre�ag :t r>f. - Af RFr rxf la rm:t a •pi w �i ren r t�k m�: ii pka ase provhje an jT ap rov l; letter of s—t .r:d designs from the Qu7in uro 25 At time of perm„h?f x :iE(# - iFP 'iEtf-i#_ on 6 -In of Si,-,-! Site Dja. r 0...r:.0 1 .r t fi1c i xrsy ust, dcz;jjtl,chtir3f. to I:�R# ppse -s f pr;-w,� t ,�,f Fo-: -i4 -n t wn,y, 0 � s' 26/�# f ri l reti' rrri's Y I ° .`tsaal . fE- t t .il. provide final dL I. Fs =; Uit the •]% �1i!-•,%tiC'1'-lf-`. N` r'i%4 i'w: lr+krYi:t 0.itY tAF •S: �F"ta. a.i. -_: r.'..1.'!i kSwY�l tfYF•F N 0191A I al , R 901 WA 22-11t is rc�(nzw I tu ,xsure that the api:119calv- ;Irk! Q. -(,()I ankOrdinanccm U.5-1"04 ant', On utldavit pro videdt.,L-1 th,,' city cledc'. ......... .. 23 AI till -W! Lf f)el Mit suhr'-AWM, please pr!,-jv4<- rc-m3ini--; appl!-wl. IeWt fr°' for tn-,,D the W&ty ta6a-ic"Ilt A. prl.Ijr�itv fino, 1. 24 firirik'p" . ... .... r jf"r'wtxntf app;,atbn f-ulDs-luftal, please provide arg approvat, 'ietter --f site and La&Jfldqry designs from fru? Quaml.am R#0% Archttf.,clmal Review 2 A time of perma ziuh�-rritlaI4 on Sete' ut SPA, Under to Data, Ploa,.:-u c. lb -c lam., un,(aoqnatk'�.,! to DRI 26.At '%irn;., tit p,nAt .•nj 'I". ".iAm.atcd. ti al dof'-Ivs ort ft, fart ^:_ -,jpmeJ ann tP trh Prea M F, KOIDIN (A?ANl'UM11AXK0Vl"KJ,AY I&M-NDEN I DIS I KKA RMW 1,AR BOARI)MLI'A f NO JUNE 19,2014 1. NEW BUSINESS 1. Consider Resolution Nov 20,14-03 — Amending Resolution No, 2007418 — Permitting Requirements and a Process for Revivm and Approval of Construction within the District or that Will Impact the District Requiring Prior Approval by the Quantum Park POA's Architectural Review Committee Mr. Ellington preserao-d Rciolution No2014-03, entitled: RESOLUTION NO. 2014-03 A RFSOLuriON OF THE QUNNITUMPARK OVERLAY DEPENDENT DISTRICT AMENDING RESOLUTION NO. 2007- 08, PERMIMNG RFQUIREMENTS AND A PROCESS FOR REVIEW AND APPROVAL OF CONSTRUCTION WITHIN THE DISTRICT OR THAT WILL IMPACT THL DISTRI(-`T REQUIRING PRIOR APPROVAL BY THE QUANTUM PARK PROPERTY OWNERS ASSOCIA11ON'S ARCHITE(TURAL REVIEW COMMITTEE; PROVIDING FOR SFVFRABILITN'; PROVIDING AN EFFFA "I'M I, DATE. Mr. Conku indicated th-A he had bc%�n charged to follow up by doing this arn�mdrncnt, but had been remiss in doing so and that basically, indicates that the. Roard NNw not to take any action on any construction permits until after the A,rchiwctural Review Committee (it the 1100 had acted. Ms. Benson moved approval of Resolution No. 2f114 -t13, Ms. Poncheff second. -,d and the motion carried 4 to 0, Q P O D D Lot 1 00 issues I Unauthorized Construction Tree Damage - jL QPODD Lot 17 Issues w r r � Mfv 4 k� QPODD Lot 52 Issues _ a:V' QPODD Lot 101 Issues QPODD Summary It's Premature to Dissolve the QPODD. QPODD Supervisors and Staff are knowledgeable, experienced, dedicated, ethical & professional. Requests come from a single landowner who has refused to comply with the Approval Process and the Governing Policy. QPODD is the steward of Quantum Park's environmental assets and acts to protect them. Conclusion The QPODD Board and Staff request the City vote for the ..... No Acf-'['on Ali-ernatcIve ATTORNEY FEES INCURRED BY QUANTUM PARK OVERLAY DEPENDENT DISTRICT FOR DEFENSE OF THE PENDING LITIGATION AND ADMINISTRATIVE MATTERS WITH IGAR OLENICOFF'S COMPANIES CASE DISTRICT INSURANCE DIRECT PAID PAID Suit l: 2013 -CA -007694 $32,460.00 $ -0- Suit 2: 2015 -CA -001721 40,085.00 100,000.00 Suit 3: 2015 -CA -011695 5,640.00 Suit 4: 2016 -CA -005668 3,150.00 3,244.00 Defense of Eugene Gerlica: 8,720.00 Administrative Action: 6,480.00 -0- (SFWMD) SUB -TOTAL: $96,535.00 $103,244.00 TOTAL: $199,779.00 Insurance not covered Insurance exhausted Suits 2 & 3 combined Insurance covered Insurance not covered This list does not include the attorney fees and costs incurred for the defense of the three District Board members that are being covered by a separate insurance policy. 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J.'l erid)G - ISJIA aaU LPTssaa 3 R 8r?dy3 lu4uIs) g-ou=-ta)jaxp-eW", jwgp"sai-axD0xalyduu R a. "' f' �= -i. - r 4'�`J, c, 7c rrir�r �7 ;c: -3 a _J.!., aLla JC-. LOScaJ P -L.- a- :.� il'i-. »',{?. c'i._.S• .i �':'1'.1.J �i: C�1 -' -`- .'i,. .4_u �-_�wl;�; ri:� �;ir�i��� ,-_. c .. .. --I�� .I =-.-- _.fir.._ i-._... - -. .,1,. .. � �,��c•i_���� ]c'l-.�:�--. ------------ WIMOSOki 3n 0VdW3 - Is Ili BUJBO ua r 04 0 Wil u✓teesaLi :In a -7 W73 MztrV lUAlk'Is J94LUCOAFP PPM -004LTW i IPA—IsaJsJO0XZIl'du4 a.fley5 ploos tn;._s. 9rC-�(- 2U!A AJOR;fid PUB sasaasip sr04ya4ul Jo JOssa;gad " _ :aaanoS SOIOgd r it 9t�'�r0i Ex{Aare OF Research The Chicken Came First - Expiare OF Research tpusxdtreresWch.LAI. edpl L-chCken-camc—firsi.rRMI prlC, t a■ L LF By Chris Sherman FLORIDA_ ICjInIYiQd{Ipnrj BiYP.IIG.CQi-ill �. �r B I Egg C I I I n 9 The fresh -from -the -f arm egg trend is spicing up Florida menus. and put the froth on Pisco sours and Ramos gin fizzes. The eggs themselves come from ducks, quails and heritage chickens raised on grass and earth rather than aluminum cages and floors, and fed a vegetarian diet. Most of all, they are local and super fresh - rarely more than two or three days old. That leads chefs to brag on sup- pliers like Lake Meadow Naturals on what may be the last 15 bucolic acres in Ocoee, on the northwest fringe of Orlando. Dale volkert is not a nouvelle egg-preneur. His family left their Wisconsin farm for Florida 40 years ago and kept up a simple way of farming here. Chef Kathleen .Blake I (of primo at the time) found Lake r Black Sheep' Korean beef short ribs with a soft-boiled egg. The Jacksonville restaurant buys its eggs from Black Hog Fal -M in Palatka. Vvhich came first? The designer brand, fresh-from-the-local-farrr. egg or the gourmet pizzas, burgers and salads topped with fried eggs? VJho cares? The trend to both has made Florida plates rune}' with bright orange and has turned menus sunny-side up with egg dishes from down-home and gastro to classic French and Italian. The humble egg is emblematic of farm -to -table basics at the most sustainable, natural and afford- able level. Eggs can be harvested anywhere, as a new flock of urban chick farmers has demonstrated. For chefs, eggs are elemental, pairing perfectly with the modern love of bacon, ham and sausage. They lead to in-house mayonnaise and macaroons, and zabagliones 'lyht pnacos: Julie Fletcne•! V"" R—d. 1? MAY 2016 FLORIDATREND.CBM Dale Volkert and crev: tend 3,000 laving her at ! FIce Meadow, His ;-tens produce more than 15,f)Oa eggs a week- TZ4nke MrUt%0 N w uv i11F - i.• ow law, arm FMStl Eargs c�� lotl Farm Flo !U lrl�P r -A:+�! ar Chef Kathleen Blake cooks with eggs from Lake Meadow at her lusty `2 Jl t' v Meadow in 2002 while foraging for firm -to -table ingredients in un- promising central Florida. Today, she serves Lake Meadmv eggs at her own place, the Rust Spoon in downtown Orlando, deviled with Tabasco, herbs and sun-dried tomatoes and plopped in soft -cooked glory on garden greens and chicken livers. At Lake Meadow, Volkert and crew tend 3,000 lavinghens and 900 ducks plus turkeys, pheasants, cattle, hogs, goats and a lousy farm Michael's Genuine in Miami buys its eggs from PNS Farms - W store (and space for children to hunt eggs on Saturdays). More than 15,000 eggs a week head nut to chefs and green markets from Jacksonville to Miami. voIkert is not the state's only gourmet eggm an. PNS Farms, a small farm in south Florida, now supplies eggs for Michael's Genu- ine operations and other chefs. Fifth -generation Palatka farmers at Black Nog Farre pro% ide eggs and a long 1 ist of prod uce, buck, rabbit and more to home cooks and fashionable farm -To -market restaurants Like Black Sheep in Jacksonville's Fitiee Points area. In the panhandle, Th%rin flaks (Bonifa} ) and Green Cedars Farm Nolino] have won fans among urban and resort chefs and farm stand shoppers. Many new small fanners sell in weekend markets around the state. The payoff for chefs and home cooks is a rare ingredient for a small price. organic eggs cost more than traditional eggs but still only S 5 to $6 a dozen. For that. VOLT get a Iuxurious yolk of a rich onuige surrounded by a thick egg white, ideal for minimal cooking. What chefs do with them is endless. Legend says each pleat in a classic toque represents a ,way to cook an egg: The brothers Medure, chefs David and Matthew, indulge in egg yolks cooked by curing in salt and sugar for experimental salads at Restaurant Medure, and quail eggs with grits at Mat- thew s. At their casual M Shack, they add fried eggs to burgers and to the low-carb, m) -bun "cross Pt" — two burgers, avo- cado, bacon, mushrooms and a fried egg. At Alter, W nwood's hot chef Brad Kilgore makes an exquisite appetizer of a simple "soft egg" — with sea scallop, truffle pearls and chives, $14 of wow; dolled up ►with caviar, $10 more. At Cena, owner Michelle Bern- stein likes her eggs slow -poached on pole nta with brussels sprouts and Middle Eastern spices. At Eating Horse, Coral Gables' temple of simple conking, chef Giorgio Rapicavoli serves several reminders that fresh egg is dic- key hekey to true carbonars, on burgers, egg- Benedict and pasta. .bppha.o FLORIQATREND.LOM MAY zw6 13 ='aim Fmk h C- l.>r:ry ; r +-nicken Crackdown in %". sane;-rlirai areas - trtb nedgital-sunrsermnei UfJL.IM1TE la:.r_ ALL FOR .. - POWERMI iclr•. a're -• C'Vi's4na— CO0EEnIOr:efntM _ UNLIMITED POWER MUSIC cal kdownm Beach County ends chicken ALL FOP ONE LOW PRI(E _ Relater! Artir3rs i3esray Beach man wannotr to aiiaw t:acryasd tNckerls palm Se&»b Caorty k*RJderirig petOlt: cart,-utiMice le Lite On Swamp's Cdga Thre=tenet! By Ca rely Sucua+� rr9: Find Mora 5lorias About code cn�tcement :us;ii�r Farris u�eStnf�: f. a. . I:cions or inn n k¢ nno tnr tisan. coc::n -nnchitia, fl,, Warr pain, rash, itching, -.ua in"no".r ^-oat pain, ane rm in wremhes. rhe-- are net all the r -slble ai6 Vlmlr of ENTYV0. Cell •. c•.r hselthcarr - ! or. ramvrng'rNTVVi0.tniyource._: rare prow m"r all of yo'Jr nedKal c-ditions, Incl Vdinig if -L:: sieve or think you my have an infection of I— inrections that keep coning back; have liver pro_.-�--- hwe tuberculosis (TB) or have been In close carte;:' The chickens can stay. _ stns; ralG;tfricrs hb:h�-E^ �� o3-tya�C-st{1k 51s� ar.0 sreLs. -hal ended Thursday when eaunty C=ommissioners deeded that :-: Vi uid be allowed to remain in areas where rural lifestyles have begun to clast. wilh those looking for more suburban -style inrfng_ A gap in county riles about where c64ens ane other I are allowed had threatened to force pewle to give up their anirrrals or face rrkes. To fts that. ins County Ccnmissior on Thu -may added chickens to a new pafinition of the kinds of livestock permitted in rural and serni-rurat areas. That includes The Acreage, Jupiter Farms and other places whwe zortmg rules allow a mac of agdainure and homes, `I've never Sean so much hoe haft over chtckens,' said Me€Inca Seeman, whose family's chickens In Jupiler Farms tet to a Cade enlarcemernt wrnpiayr, t that fueled much of she fig hl over livwlciak rules. hA chicken is livestock.' Without the Mange approved Thursday, residents in rural and sem!-r{rra& areas living on less than two acres Cduld have faced code enfvres.ment ti,iala' izns if they canGnued to keep 'l—L'a EM chickens have" bL%en a rmiure in The Acreage ano Juptler =1 ; , where many maitiei on 1.25 -acre lots and keep chickens as pets or 'u provide fresh eggs- µ How to flush belly bloat Work at Home Jobs (2016) -'hr P;rt- Tir :L Job rieslings ?egtu;re-nents ?tiius' Hage t ompuler. Marty residents argued that property size limgs for raising Chickens in areas intended !v eccomr agriculture viola led king-prolecied-farm ing rights. -The right to own livesto;k is guaranteed. Period,' Loxahalchele ara:ivisl Patricia Curry said, People living in The A&reage don't want 'burdensome or costly' restrictions that get in the way c agr"Itural pursuits. said resident Carol King, who raises chickens. 'It has turned into a real sns-i. l part of our Ifiesiyle," !Ging said. The county needs io preserve "counvy-kind of lifestyle,' she said. While rrsn labbied Corrm&monerS to keep chickens, other residems in the rural and semi -rural sent counh commissroners r—mals calling for stricter rules for livestock near neighboring home: taut those in support of Keeping cnlCkens and outer IlvestocK argued that was -here lir -If you don't like a router crowing, move,' said Josephine Milano, who raises goats in The Acre "This is getting ridiculous." Potential code entorcemeni conR,ctsi remain about livestock shelters and where they are allowet County commissioners on Thursday opted to stop tinkering with the nfiss and to instead addres community concerns if thep emerge In the ruiufe. 'You are always going to have some who don't like the chickens or the noise," County Commfss !Caren Marc -us said. "The more we are tweaking it, the more difficult it is getting.' The County Commission voted 4-3 to approve the hveswc cooe changes. Commissioners St Vana. Burt Aaronson aW, Priscilla Taylor voted against the changes. favoring a dalav to explore httv:lrarbd es.stn-sentinel.com lcLtl2-08-2MnewstE-ctvckerrvote-pal m-2712❑323_l_Dwkyard-chiclker6-tivestock-code-entorceM WL, ipr412DI6 F14 Beach Go r'r!y end5 Ovrken crackdown in rural. sem -n ral areas - tri buned gi td- sunsentind comprenensive w-ays to restive code concems. -You coign't to fxing one prnhlem. but you a: a o4pen,ng up ancther problem an another end,' -Naylor How to flush belly bloat Free Homesteading Guide Cir! youx f-rcE trerre;1--ading guLdLIUV--+ at: it* land, :! r uRldtr,-, - See Also i. How to Haire Chickens & Worming Chickens 2. Cheap Fr=on Chicken n. Best Chicken amads a. Fft�Ch'c►env ClrV Q, Buy Fresh Chicken C. Chicken F.vducts From the ►ti cl+ apalnc.a7 tmr.s uy Yi LOD+ !~low New Tech Compsnie* Create Great CW time [free Report] West Palm Beach. This bti"l Sr. rviQc is Cheaper Then Your Lncsi Store Get New Car Smart: io Mast Coxnfortahle Cars Undrr 63 o T, n -) --, t Raced 7 )iraaans -Why Glasse.!, Should be Bought Onhne The Gwail Trick that Gaegle iioesu't Want You to Kno%v t,,:. West Palm Beach, Florida RcAdents A.re Stunned By This New Rule Prot•], e-Sa.inro re Qvrn! Yes, Pay Off Your house At A Furious Pace tf You Owe Less Than Sgoak I Tried Slue Apron and Here's Whet Happened IA -x - MORE: Do Heat appreciale rnagmtude or Game 57 Could Heal rend +slue in NRA free agency? Would Keat give Peace a ctoanca? Can Bush, Wade break out of their fun0 Do nicknames on jerseys go against Heal 'satxffice' mantra? Does Wade retain edge on Stephenson? x1012- OB- 24�rewsfl-chfckcn-vote- pal m-20i20M 1_bWkyard-ch,ckens4ivestock-coda`enibrcemeM 22 r L - _ � �,�c+w ;��.'�'�^,.„.,�, rim` -. " ,,� s� 't4"�➢���'s. � � y i ice. a. '-a ?�.i - �i ,Y Jrtl r J ' r' � �'{�2•" �` � Y''ti7 `� 3t_<,�/��'�-y�.3` �_': ^c i 'E' ...�_ � I i-. �- ii"..� '�'�. 1+J 1( �./, r �.`—. 'f ,�, l psi �•v# � t /��'1 -si�f �I' t, .^.i r'���'i r• 1.=.�T �.�:'�—�� :k�Yttti44: � � ;�.�.... _ ���-i.�� q f.' '.- ��'��r,.. 41#i����'r-�'a��$R.�� �.�_ iL� �Y?��i.::' - 3 `z�;-y'�wa. •`.--:c:,�i.:� ..- II New York T'S A BRIGHT spring day in New York, with sunlight dancing on the East River and robins sing- ing Broadway tunes. I'm walking along the sea wall on the Lower East Side of Man- hattan with Daniel Zarrilli, 41, the head of New York's Office of Resilience and Recov- ery - basically Mayor Bill de Blasio's point man for preparing the city for the coming decades of storms and sea -level rise. Zar- rilli is dressed in his usual City Hall attire: white shirt and tie, polished black shoes. He has short -cropped gray hair, dark eyes and an edgy I've -got -a -job -to-do man- ner. Zarrilli may be the only person in the world who holds in his head the full ca- tastrophe of what rising seas and increas- ingly violent storms mean to the greatest city in America. Not surprisingly, instead of musing about the :beautiful weather, lie points to the East River, where the water is innocently bouncing off the sea wall about six feet below us. "During Sandy," he says, darkly, "the storm surge was about nine feet above high tide. You and I would be stand- ing in about four feet of water right now." As Zarrilli knows better than anyone, Hurricane Sandy, which hit New York in October 2012, flooding more than 88,000 buildings in the city and killing 43 peo- ple, was a transformative event. It did not just reveal how vulnerable New York is to a powerful storm, but it also gave a preview of -vvhat the city faces over the next centu- ry, when sea levels are projected to rise five, six, seven feet or more, causing Sandy -like flooding (or much worse) to occur with in- creasing frequency. "The problem for New York is, climate science is getting better and better, and storm intensity and sea - level -rise projections are getting more and more alarming," says Chris Ward, the for- mer executive director of the Port Author- ity of New York and New Jersey, the agen- cy in charge of airports, tunnels and other Contributing editor JEFF Go ODELL 2S a 2016NewAmerieafellow and wrote about artificial intelligence in March. transportation infrastructure. "It funda- mentally calls into question New York's ex- istence. 4'he water is coming, and the long- term implications are gigantic." Zarrilli turns away from the river, and we walk toward the park that separates it from the Lower East Side. "One of our goals is not just to protect the city, but to improve it," Zarrilli explains. Next year, if all goes well, the city will break ground on what's called the East Side Coastal Resil- iency Project, an undulating 10 -foot -high steel -and -concrete -reinforced berm that will run about two miles along the riv- erfront. It's the first part of a bigger bar- rier system, known informally as "the Big U," that someday may loop around the entire bottom of Manhattan, from 42nd Street on the East Side to 57th Street on the West Side. Zarrilli likes to underscore that the barrier will be covered with grass and trees in many places, as well as bench- es and bike paths - it's the East Side equiv- alent of the High Line, the hugely popu- lar elevated train track on the West Side that has been transformed into an urban park. There are plans in the works to build other walls and barriers in the Rockaways and on Staten Island, as well as in Hobo- ken, New Jersey, across the Hudson River. But this project in Lower Manhattan is the headliner, not just because the city may spend $3 billion or more to construct it, but also because Lower Manhattan is some of the most valuable real estate on the planet - if it can't be protected, then New York is in deep trouble. Zarrilli, Nvho won't use the phrase "Big U" because it sounds like a plug for BIG, the Danish architectural firm that helped design the barrier around Lower Manhat- tan, is uneasy talking about walls, in part because it obscures other, more democratic measures the city is taking to become more resilient, such as requir- ing buildings to elevate critical infrastructure, but also because wall -building is politically fraught: You can't wall off the city's en- tire 520 -mile coastline, so how do you decide who gets to live behind the wall and who doesn't? "You have to start somewhere," Zarrilli says, "so you begin in the places where you get the maximum benefit for the most people." In ZarrilUs view, there is no time to waste. By 2030 or so, the water in New York Harbor could be afoot higher than it is today. That may not sound like much, but NewYork does not have to become. Atlantis to be incapacitated. Even with a foot or two of sea -level rise, streets will become impass- able at high tide, snarling traffic. The cost of flood insurance will skyrocket, causing home prices in risky neighborhoods to de- cline. (Who wants to buy a house that will soon be underwater?) Then the big storm will come, as it al- ways does. It might come this year, it might come in 2018, 2029 or 20 -whatever. It might be bigger than Sandy. It might be smaller. But if you add a foot or two of sea - level rise to a 14 -foot storm surge, you have serious trouble. And if it hits before the Big U is completed around Lower Manhattan, you have even more serious trouble. Water will flow over the aging sea walls at Bat- tery Park and onto the West Side, pour- ing into the streets, into basements, into cars, into electrical circuits, finding its way into the subway tunnels. New Yorkers will learn that even after the region spent $60 billion on rebuilding efforts after Sandy, the city's infrastructure is still hugely vul- nerable. In the aftermath, it's not hard to imagine how this will play out: Businesses that don't need to be in Lower Manhat- tan - hedge funds, banks; law firms - will move to Midtown, others to Westchester County or the New Jersey suburbs. The economic engine of the city will sputter. Rents and property values will fall, evis- cerating the tax base. Throughout the city, people with money will begin moving to higher ground, leaving the poor behind in polluted swamps of abandoned buildings along the waterfront. Zarrilli_ knows as well as anyone- that - even the most indomitable city in Amer- ica is facing a brutal future: I ask Zarrilli, who has three young boys, if it scares him to think about the economic and political chaos that maybe coming. Can he imagine the end of New York? "We certainly have challenges ahead, but you can't let yourself be para- lyzed by fear," he says. "You have to take it one step at a time and do what you can right now." ALMOST EVERY COASTAL city in the world is vulnera- ble to sea -level rise, but no- where is there more at stake than in New York. In pure- ly economic terms, the New York metropolitan area is responsible for almost 10 percent of the U.S. gross do- mestic product and is the largest financial hub in the world. The city has a sym- bolic value that is hard to quantify, with 8.5 million people from all over the world who live there, and TTLY 14. -?8; 2016 WEATHERING THE STORM Hurricane Sandy flooded huge parts of Lower Manhattan and downtown Brooklyn (above), and inundated anything underground, from subways to parking garages (right). Officials hope massive sea walls wi11 one day keep the water out. millions more Who are connected to it by work or family or by their dreams to conic here and make it big. "To deal with climate change, we need inspiration," says Henk Ovink, the special envoy for inter- national water affairs for the Neth- erlands who was deeply involved in rebuild- ingNewYork after Sandy. "NewYork Cityis the heart of the developed world. If it does things right, it can radiate inspiration to other places." In a world of rapidly rising seas, New York is better prepared than many coast- al cities. As anyone who has seen the rock outcroppings in Central Park knows, much of Manhattan is built on 500 -million -year- old schist, which is impervious to saltwa- ter. There is plenty of high ground, not just in Upper Manhattan, in Washington Heights, but also along a ridge that runs diagonally through Queens and Brooklyn, including places like Park Slope and Jack- son ackson Heights. Finally, the city has brains and money and attitude - New York is not going to go down without a fight. But in other ways, New York is surpris- ingly vulnerable. First, it's on an estuary. The Hudson River, which runs along the West Side of the city, needs an exit. So, unlike a harbor city such as Copenhagen, you can't just wall off the city from the rising ocean. Second, there are a lot of low areas in Brooklyn, Queens and, most important, Lower Manhattan, which has been enlarged by landfill over the years. (If you compare the map of damage from Sandy in 2012 with a map of Manhattan in 1650, you'll see they match pretty well - almost all the flooding occurred in landfill areas) The amount of real estate at risk in New York is mind-boggling: 71,500 build- ings worth more than $100 billion stand in high-risk flood zones today, with thou- sands more buildings at riskwith each foot of sea -level rise. In addition, New York has a lot of industrial waterfront, where toxic materials and poor communities live in close proximity, as well as a huge amount of underground infrastructure - subways, tunnels, electrical systems. And because of changes in ocean dynamics, as well as the fact that the ground beneath the city is sinking as the continent recovers from the last ice age, seas are now rising about 50 percent faster in the New York area than the global average. Perhaps the interna- tional community will take action. in the next decade and dramatically cut car- bon pollution, which could help slow the rising seas. But the truth is, barring de- ployment of a radical geo- engineering scheme that quickly cools the planet, we have already heated up the Earth's atmosphere enough to guarantee that the seas are going to rise - and they are going to keep rising for a long time. Recent studies have shown that even if we stabilize the greenhouse - gas emissions at today's lev- els, the oceans will still rise by as much as 70 feet in the coming centuries and stay that high for thousands of years. In that scenario, New York will become an archi- pelago on the coast, with the high ground of Upper Manhattan and parts of Brooklyn and Staten Island just above the waterline. OR ANYONE WHO THINKS sea -level rise is a distant problem, the latest news from the Arctic is not en- couraging. This summer, temperatures in Greenland spiked to the. highest levels on record. If just one-tenth of the. Greenland ice were to melt, it would raise global sea levels by two feet. The breakup of West Antarctica, which has showed signs of increasing fragility, could raise the seas 12 feet. The best clues to the future, however, may be found in the past. "I'm a scientist, but I like to think of myself as a detective," Andrea Dutton, 43, a geologist at the Uni- versity of Florida, told me at Windley Key Fossil Reef Geological State Park, near Key Largo, Florida. "Rocks can tell a story." Dutton is studying 125,000 -year-old cor- als that are exposed in an old quarry to see if they will tell her the biggest story of our time: how fast the seas will rise in the next century. In her work, Dutton is interested in two questions: First, given that the temper- ature during the time these corals grew was roughly the same as today, does that mean that, over time, as the ice in Green- land and Antarctica continues to melt, we can expect the seas to rise 20 to 30 feet? And second, how long will it take? There is evidence, Dutton argues, that in the past, seas rose not in a gradual ascent, but in distinct pulses. The best explanation for that is the rapid melting of the polar ice sheets, particularly in Antarctica. If Dut- JULY 14-28, 2016 Rolling5tonexom 1 $OLLING STONE 161 ■ ton's detective work is right, the implica- tions for New York - as well as civilized life in general - are profound. It would mean the ice sheets are more unstable, ca- pable of melting faster than current esti- mates account for and, consequently, that high-level predictions for sea -level rise at the end of this century could be seriously underestimated. Instead of six feet of sea - level rise by the end of the century, which is the high-end consensus of many scien- tists today, we could see seven or eight feet - or more. Former NASA scientist James Hansen, the godfather of global -warming science, suggested in a controversial paper published last year that the nonlinear dy- namics of melting ice sheets mean seas could rise far higher and far faster than anyone is currently predicting. "We have a global emergency," Hansen and his co- authors wrote. Unlike a storm of the century, with sea - level rise the water comes in slowly and never leaves. It just keeps rising until the ice sheets are all but gone (or they reach a thermal equilibrium and stop melting). At a recent talk to engineers and policymak- ers in the Netherlands, Matthijs Bouw, a Dutch architect who is working on the Big U, flashed an image of New York with buildings poking out of the water like trees in a swamp. "This is the conversation that isn't taking place," Bouw told the group. UILDING WALLS AROUND A - city is an idea that is as old as cities themselves. In the Mid- dle Ages, walls were built to keep out invading armies. Now they are built to keep out Mother Na- ture. Obviously, if they are built right, they work. More than a quarter of the Nether- lands is below sea level; without walls, dikes and levees, much of the nation would be a kingdom of fish. New Orleans exists today only because of its enormous levees. Virtually every coastal city in the world is defended by sea walls of one kind or anoth- er. But even in the Netherlands, walls are falling out of favor. "We are beginning to realize we can't keep building walls forev- er," Richard Jorissen, a Dutch expert in flood protection, told me as we drove by a dike in the Netherlands one recent after- noon. "Sometimes they are necessary, but we also realize that we have to learn to live with the water. If it is not built right, a wall can create as many problems as it solves." As far as walls go, the Big U is designed to be a nice one ("a wall with benefits," as one urban designer puts it). It was one of the winning proposals in Rebuild by De- sign, a $930 million competition spon- sored by the U.S. Department of Housing and Urban Development that hoped to in- spire the world's best architects and urban planners to rebuild a better New York. It's 62 1 ROLLING STONE. I Rollingstone.com the love child of a collaboration headed by the Bjarke Ingels Group, the hot Danish firm that has designed a number of playful. buildings around the globe (the firm's de- sign for a trash incinerator -in Copenhagen includes a year-round artificial ski slope). In an animated video that BIG created to promote the project, the Big U is a delight- ful thing, an undulating public space where a rolling grass berm is planted with flowers and trees, creating parklike spaces for peo- ple to play basketball and stroll on a sunny day. The gritty, thundering, empty space beneath the elevated FDR Drive is trans- formed into a place where kids play ping- pong and pop-up vendors appear on week- ends. The city is protected from the water by the berm (which is underlaid with steel and concrete) and walls covered in art that swing down from the FDR. It is all very cheerful and inspiring - disaster -proofing as an urban amenity. The problem is, the actual barrier may or may not resemble the barrier in the video. Several urban planners I talked to believe that, due to cost-cutting and engineering complexities, by the time it is built, the wall will be stripped of its crowd -pleasing fea- tures. "When it's done, it's just going to be a big dumb wall," says one architect who has watched the project closely. But dumb or not, given the amount of valuable real estate in Lower Manhattan, some kind of defensive structure is going to be erected there to keep the water out. Building a wall is simple, quick and ir- resistible to politicians wanting to prove they .have acted boldly. But that doesn't mean it's always the smartest or the saf- est solution. For one thing, there's always a question about what level of protection the barri- er is designed to provide. In parts of the Netherlands, barriers are required to pro- tect from a one -in -10,000 - year flood; in New York, most government agencies require protection only for a one -in -100 -year flood plus 30 inches of sea -level rise. A barrier like the Big U would in theory be de- signed to protect from an- other Sandy, but not much more. (And by 2100, Sandy - like events are predicted to happen far more often.) I asked Kai -Uwe Bergmann, a partner at BIG, why the barrier wasn't designed to withstand, say, a 500 -year flood: "Because it's infinite- ly more expensive," he said. Another obvious prob- lem is that barriers only protect the people who are behind them. The first stage of the Big U, which will run down the East Side from 25th Street to Montgomery Street, near the Manhat- tan Bridge, will have the virtue of protect- ing several large public -housing develop- ments on the Lower East Side, as well as " a key power substation that flooded dur- ing Sandy, causing a massive blackout in Lower Manhattan. "It's clearly about Wall Street," says Klaus Jacob, a disaster expert at Columbia University. Given the impor- tance of Wall Street to the U.S. economy, that's not surprising. But how long will it be before Red Hook, an economically di- verse neighborhood in Brooklyn that was also heavily damaged by Sandy, gets a bar- rier? Worse, a wall around Lower Manhat- tan might actually deflect more water into Red Hook, says Alan Blumburg, a high- ly respected oceanographer at the Stevens Institute of Technology in Hoboken. "It might keep water out of Manhattan, but it will make the problem worse for people in Brooklyn, not better." The most pernicious problem might be complacency. Barriers, dikes and levees make people feel safe, even when they are not. When Hurricane Katrina hit New Or- leans, some people didn't evacuate because they assumed the levees would not fail; that assumption cost lives. "Barriers make peo- ple stupid," says Jorissen. "They allow you to ignore the risk of living in dangerous places - if something goes wrong, it can be a catastrophe." There were other, less brutal ideas for how to protect the city. Even before Sandy hit, a. team headed by Susannah Drake, a New York urban designer known 'for working with natural landscapes for flood protection, proposed elevating the Lower Manhattan coastline to the original 1650 contours, then waterproofing util- ities in vaults under the sidewalks, rais- ing and redesigning streets to allow them to hold water during floods, and trans- forming the waterfront of Lower Manhattan with salt marshes and wetlands ab- sorbing wave energy. But projects like this are com- plex and expensive, mak- ing them difficult to sell as a quick fix. And they require people to acknowledge that the world is changing fast and they will live differ- ently in the future. So much easier to just build a wall and forget about it - "until a big storm comes along and washes away the wall," Drake says. "Then you have. a disaster." Perhaps the boldest idea for how to protect NewYork TULY 14-28, 2015 was called the Blue Dunes, a 40 -mile - long chain of islands that a group of sci- entists and architects proposed build- ing in the shallow water about to miles off the coast of New York. From the city, they would have been invisible, but togeth- er they would have formed a protective necklace of sand running from New Jer- sey to Long Island. In a world of spectac- ularly unimaginative ideas about how to deal with climate change and rising seas, the Blue Dunes were a brave and innova- tive proposal to absorb the wave energy of the Atlantic Ocean before it hit the city, lower the impact of high tides and buy the city time to recalibrate for sea -level rise. The idea, proposed by a group headed by Dutch land- scape architect Adriaan Geuze as part of the Rebuild by Design com- petition, wouldhavebeen controver- sial, expensive and disruptive to any- one with a sentimental attachment to a "natural" coastline. It would not save the city from sea -level rise, but it might have saved New Yorkers from fearing sea -level rise, showing them that there are ways, as Geuze puts it, of "working with nature and bend- ing its will, rather than trying to punish it. The idea, of course, went nowhere. — EW YORK MAYOR Bill de Blasio does not have a reputation as a =i visionary leader. But on climate change, he has a solid record, despite the fact that the issue was forced on him by Sandy, which hit the city just as the mayoral election was getting under- way inlate 2012. Michael Bloomberg, New York's mayor at the time, had . long been pushing action on climate change, including a landmark report called P1aNYC, a 25 -year plan for a greener city that he released in 2007. De Blasio, a former city councilman, was interested in education and economic inequity. But after Sandy hit, de Blasio, who was living in Park Slope, Brooklyn, at the time, got schooled in the dangers of cli- mate change. To his credit, he immediate- ly understood that Sandy did not treat ev- eryone veryone equally, telling The New York Times a month after the storm, "You can look at this as 'We need sea walls,' or you can look at this as `We need to retool our approach for human security, economic security, for economic equity.'" Rebuilding New York after Sandy was a joint city, state and federal project. Al- most all the funds came from a $ 60 billion federal disaster -relief appropriation from Congress, which has been doled out to var- ious state and local agencies. The feder- al response to Sandy was widely praised. But rebuilding from Sandy is not the same as rebuilding for the city's long-term fu- ture. And in that, the city has had very lit- tle help from Washington, D.C., and much less from Albany. New York Gov. Andrew Cuomo has put some political muscle into greening the state's energy grid, -but the reconstruction of New York City hasn't earned much of his attention (within City Hall, many believe it is personal - Cuomo, who thinks of himself as the Big Dog in New York state Democratic politics, won't proving building efficiency and purchasing more renewable power, among other CO2. - reduction measures. De Blasio deserves a lot of credit for pushing hard to reduce the carbon footprint of -New York, and he often speaks convincingly about the impli- cations of climate change for the poor and working class, but I wondered if maybe it was time for some strategic thinking about the long-term survival of the city too? Was it time to think about moving the city's es- sential infrastructure to higher ground? Was it time to consider moving people out of low-lying areas? De Blasio resisted my line of ques- tioning, preferring to focus on the climate challenges the city faces today and tomorrow. "The simple way to think about it is right now we have to do the most immediate resil- iency measures to secure us against the kind of storms we'd have," he told me. "Then you want to just keep going, and building up, building up, and trying to stay ahead of what will be a growing problem. Until, if we do our work right, the reversal be- gins. But to me, it's literally block by block by block. Complete this phase and you roll immediately into the next. This has to be a priority of gov- ernment perennially, until we build a very different world." I asked whether that approach will work fast enough. "When you look at flood maps that project five, six feet of sea -level rise," I said, "it's a pretty apocalyptic scenario for New York, isn't it?" "Yeah. At the end of the century, true! "That's not that long from now," I replied. "Yes, it is," he argued. "Your grandkids will still be here." "Yeah, but as a public -policy mat- ter, if you're talking 75, 80 or more years in the future, I think it's very, very responsible to say, `OK, first let's deal with the needs of people right now,' and that is both about resiliency and envi- ronmental concerns, but it's also the total- ity of human need. If we don't have that in the foreground, there's something wrong with us. Right?" You could argue, of course, that the government's role is not just to deal with the needs of people right now, but also the needs of people in the years to come. That's what they're doing in London, for example, where the barrier that protects the city from flooding is now being retro- fit to protect it until 2100, or in Germany, where parts of the city of Hamburg have been elevated and floodproofed to with- stand 25 -foot -high storm surges. But, for better or worse, thinking [Cont. on 751 do anything to make his archrival de Bla- sio look good). In the aftermath of Sandy; Cuomo commissioned a.high-level study about how to make the state of New York more resilient to climate change - then hardly mentioned it again after it was complete. Some of his recent pet projects, such as a $4 billion proposal to renovate the aging LaGuardia Airport, which is lo- cated in a high-risk flood zone, make no sense in a world of rapidly rising seas. With such a checked -out governor, de Blasio's leadership is all the more vital. I met with him on Earth Day, just after he made abrief speech at the United Nations to celebrate the signing of the Paris cli- mate agreement. In his speech, he right- fully touted New York's progress on im- JULY 14-28, 2016 _ Rollin g5tone.com I .ROLLING STONE 163. NEW YORK [Cont. from 631 bard about - and prepar- ing for - the long-term future is not the American way. LAUS JACOB WAS HURRICANE Sandy's Cassandra. Jacob is a re- search scientist at Columbia Univer- sity's Lamont -Doherty Earth Observatory. For the past 15 years, he has been deeply involved in shaping NewYork's response to rising seas, as a member of the city's panel on climate change. At 79, he still speaks with a hint of a German accent and has a twinkle in his eye (five minutes after we met, he mentioned that he used to move in the same circles as radical activist An- gela Davis). The year before Sandy hit, a New York state-sponsored research team headed by Jacob released a case study estimating the effects of a 100 -year storm surge on the city's multibillion -dollar transporta- tion infrastructure. Jacob told anyone who would listen that the combination of rising seas and a powerful storm could wreck the city's trains and subways, flooding tunnels and submerging aboveground equipment. As it turned out, that's exactly what hap- pened when Sandy blew through the next year. The subways were out of commission for days, and it took weeks before a sys- tem that serves millions of commuters was fully back online. Thanks in part to Jacob's warnings, New York officials shutdown the subway and removed electrical systems from the tunnels before Sandy arrived, lim- iting the worst of the damage. Jacob is critical of de Blasio and oth- ers for not thinking big enough about the risks of climate change. "They are think- ing on an election time scale," Jacob says. He cites the continued development of wa- terfront property in Manhattan and Co- lumbia University's new Manhattanville campus, which is located on low ground on the West Side, near 125th Street. "We still allow development on the waterfront to take place where 50, 80 years from now it will be regretted," Jacob says. Even busi- nesses that should know better are fail- ing to grasp what's coming. Jacob points out that Con Edison, the utility that pow- ers most of the city, proposed spending $1 billion on rebuilding after Sandy without taking climate change into account (the company eventually did after ratepayers filed a complaint against it; Jacob was a technical consultant in the case). In Jacob's view, New York's Achilles' heel is the subways, which are vulnerable to salt- water, which is highly corrosive to electri- cal circuits, as well as to the concrete in the tunnels. In theory, the subway system can be restructured to keep seawater out, but at some point, the cost gets prohibitive. "It's, all about money," says former Port Authority chief Ward. He notes that the Metropolitan Transportation Authority, which operates the New York subways, had to spend $530 million upgrading the South Ferry station in Lower Manhattan after it was heavily damaged on 9/11. After Sandy turned the station into a fish tank, the MTA had to close it for months and spend another $600 million to fix it. The MTAhas now installed retractable barriers to stop seawater from flooding the station in the next big storm, but the subway system remains vulnerable to rising seas. "We're not thinking system- ically about climate change," says Michael Gerrard, director of the Center for Cli- mate Change Law at Columbia Law School. "We're focused on Sandy, and Sandy isn't the worst thing that could happen." In the end, there is only one real solution for sea -level rise: moving to higher ground. In the near future, one of the main driv- ers of what policy wonks call "managed re- treat" is likely to be the rising costs of flood insurance, which is provided to most prop- erty owners through National Flood Insur- ance Protection, an outdated, mismanaged, federal program that subsidizes insurance rates for homeowners and businesses in high-risk areas (commercial insurers bailed out of the flood -insurance market decades ago). Under NFIP, few people who live in flood -prone areas pay the actual cost of the risk. In addition, grandfather clauses in the program often allow homeowners to rebuild in areas that are doomed to flood again very soon. Attempts by Congress to reform the program have failed miserably, and it's now $23 billion in debt. -Eventual- ly, increasing property losses will force re- form and insurance rates will go up and up. "When people have to pay more and own more of the risk themselves, their de- cfsions about where they live will change," says Alex Kaplan, a senior vice president at Swiss Re, a global reinsurance company. New York state is already experiment- ing with voluntary buyouts in high-risk areas. The logic is simple: In the long run, it's cheaper simply to buy people out of their homes than to keep paying for them to be rebuilt after storms (it also moves people out of harm's way). After Sandy, New York agreed to buy out about 300 homes in Oak- wood Beach, a low-lying area of Staten Is- land that was devastated by the storm. Bar- bara Brancaccio, the spokeswoman for the state's storm recovery program, says up- ward of $200 million will eventually be spent buying people out of homes in the borough. "Our plan is to knock down the houses and return the land to nature, creat- ing a buffer between the land and the sea, Brancaccio says. Of course, it would cost hundreds of bil- lions of dollars to buy out residents and businesses in Lower Manhattan. Instead, some urban planners have discussed offer- ing tax breaks and other financial goodies to encourage residents and businesses to relocate to higher ground. Could parts of Lower Manhattan ever be de -populated and returned to nature? `Buildings were built," says Date Orff, director of the ur- ban -planning program at Columbia Uni- versity's Graduate School of Architec- ture, Planning and Preservation. "They can also be unbuilt." More likely, the walls will go up, getting higher and higher as the seas rise. Welcome to Fortress New York. FOR NEW YORK, THIS IS JUST THE beginning of the story," says the Netherlands' Ovink. "The city is going to be dealing with rising seas for decades, even centuries." If it's going to survive, fortifying New York will require more than just walls - it will require a radical rethinking of the relationship be- tween the city and the people who live in it. If the central role of government is to keep people safe, what happens when peo- ple realize they are not? What is the gov- ernment's role in keeping people out of harm's way? How does the government compensate people whose properties are underwater? Geuze, the Dutch architect who led the team that designed the Blue Dunes and who has done as much think- ing about how to live with water as any- one, compares sea -level rise to other trans- formative catastrophes, such as the Dust Bowl, a, partly man-made natural disas-- ter that profoundly changed the geogra- phy of America and also.expanded the role that government plays in ensuring the long-term welfare of even the most vulnerable people. "We're going to need a new New Deal," he says. "It is going to re- quire a rethinking of the social contract in America." Unlike Miami or Bangladesh, whose very existence is at risk, New York has enough money and enough high ground to ride out whatever comes this. century. The question is, what kind of city will it be? Will it be a safe, livable place, alive with art and com- merce, inspiring to the world? "New York has always defined our idea of what a city is and can be," says Guy Nordenson, pro- fessor of structural engineering and archi- tecture at Princeton University. Now, New York may well define our idea of urban sur- vival in a future of rapidly rising seas. "I have the frame of 100 years," Geuze tells me. "Maybe eight, nine feet of sea -level rise. We can deal with that. But there will come a moment when no matter what you do, even a rich city like New York won't be able to do anything to protect itself. When is that moment? I don't know. But it is com- ing. What Mother Nature is telling us right now is, we are not in control." m Trate ld-7A - `)lIIR - RollinaStone.com I ROLLING STONE 1 75 10/412016 Explore OF Rf--,earch UFAFAS study calci help cities improve trw.planting 1. PG'llv'E F EAT UREE `SEWS BRIEFS PROFILES RESEARCH ELCC ASCUT US SU6--- CRlBEZ 00,,Eif, 'Js UFAFAS study could help cities improve tree planting Heat from city sidewalks, streets, and parking lots, along with insect pests, can damage trees planted in urban landscapes. Thus, it is critical to plant trees in the right places so they will do well in harsh urban environments, a University of Florida Institute of Food and Agricultural Sciences researcher says. More than half the world's people and 80 percent of the U.S. population live in urban areas. Trees benefit these residents by filtering the air, reducing temperatures and beautifying landscapes. According to a new study led by Adam Dale, a UFAFAS assistant h4://explore_research.ufl.edLLbAfas-shidy-help-cities-improve-t-ee-plank r4hiniI SITE MENU HOME FEATURES MEWS BRIEFS PROFILES RESEARCH BLDG ABOUT US SUBSCRIBE 1/4 1CV4J2U16 Explore OF Research UFAFAS study could help cities improve tree plandrQ prci,.sso.- of thrs4 ci- ar re..t d ..-ees are RESEARCH DEWS M 't�?r �. 3e z'7cS cad jC rr _ S'P 'md _p..}^,e _ f c i = _ l Fes .. r ale =pea _v iia^ j>j or _ SiC,2= 5 ease cr's CuC .ds ._ araC .r e s_ e _ u 9i ,c e, e r rte= I-iehitir. C_` anc! i S;tel _ iv _ se'_ 1 h;lch f2eds on tree sap ard=appears as sm-a''.i bumps on the earl; trees. In the newstudy, Da4>r an(--hes Leo`r :ha: landscape w,rO+CSS.'onals can use to -naKe r?^;0'"c. Ir: Oi7re— �..`i`.)a�r- i.:i C_ planting fifer s;oris. Ait:'iough : -e new- _.tud.y' L".%2S cicne in Nort.t F Carolina and limited to red maple trees, Dale said the ;'findings May )e applicable to trees throughout: the Southeast:. Through thein research. scientists developed thresholds of impervious surface arc�tand plant:irt, sites. fn other wards, they defined points Ott w1hich thQ atTIOU.-=t of pavement around a tree reduces its condition. Using :hese established levels of impervious surface, landscape architects and other landscape professionals can plant trees in away chat re(ILJC^s pest dar'ia5e and economic loss. i his study demonstrates the affects of the most common teatu.res o P I urban landscapes - roads, perking lots, and buildings -- on in ;ect pests and trees, acid proposes guidelines for rrr'rtigating thews,` Dale said. if a.,Li�'K,ui t eels 1 :e : -"or-E _ , r Shia— ga;; , F sera 7 mctivarl7on: EXE"ci 'e'-eleases a i c rrni ne at "`eii"S the h d'Y S:iF_d `(.t a^d keeps it r': i- � .•^�: ; L;� Ste. i S� rs eSi;rPc�ie� t'lci aD; aC �U ;�sy : c-orra%i� ror. haw Cy,. 0 m,s so M ri di ic.t � r_ J'Sease =s. Ot detecte- . -::s rile:: -:s he number CT r;D_c's reporter by disease surveillance sysle X15 it the .J,S. and ac-oss theworid might be drily a =small fraction of the aLual r,u!'nber or infec ices. In fact, f.-1 http://exploraresexch.ufl.ecWufifas-study-help-cities-imprave-tree-plary ing.html 214 1014,'20 t6_ ExpI(KeUF Research UFA FAS study could help cities improve tree planting i -e s�udy -isc proposes a imet;"--,.' Oa", ca:-, '._-e Li -,:zed at 3 C al r., -a'led the "P;7 ce JP'a;­7 By s—nfy - - -�-h r4 !---e ' P�artlrgvjW 7,,--.Im�ze De---� he ho,- e is Et 7,,oe C. 0 v,--cr ---;fid pe, 9 orr7Er,— rsf qte--- sa;t 7n 4. -F -e st-JJY, in this rrorth'5 iss-Je j f7l es.ry, o,�lrnal k bcrilclj�'u.-e anc�. U-,D2n pEse—ed �.eevvl! I:ieF:D a -d Lorna-, Forest —a,- _ 's t agel ge -h.e —e �os -'�—t trec In 'he rZNI- Uace to redu:e fi-;�ure 17Enreriaj fts a -- Credits: Social Share 7-- 7 ;5 -p ,z :L, 7 http://t,Ao ore research.d.ed0ififta-study-hel p-cifios- im prove-troe-pi arrU rghtml 3/4