QUANTUM PARK OVERLAY DEPENDENT DISTRICT CITY OF BOYNTON BEACH REGULAR BOARD MEETING FEBRUARY 21, :00 P.M.

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1 QUANTUM PARK OVERLAY DEPENDENT DISTRICT CITY OF BOYNTON BEACH REGULAR BOARD MEETING FEBRUARY 21, :00 P.M. Special District Services, Inc. The Oaks Center 2501A Burns Road Palm Beach Gardens, FL Telephone 877.SDS.4922 Toll Free Facsimile

2 AGENDA QUANTUM PARK OVERLAY DEPENDENT DISTRICT Boynton Beach Fire Station No High Ridge Road Boynton Beach, Florida REGULAR BOARD MEETING February 21, :00 p.m. A. Call to Order B. Proof of Publication...Page 1 C. Establish Quorum D. Additions or Deletions to Agenda E. Comments from the Public for Items Not on the Agenda F. Approval of Minutes 1. January 17, 2019 Regular Board Meeting...Page 3 G. Old Business H. New Business 1. Consider Resolution No Designating Lot 71 as Surplus Property...Page 6 2. Consider Resolution No Disclaiming any Future Interest in the Portion of Quantum Lakes Drive Lying Adjacent to Lot 52...Page 7 I. Administrative Matters 1. Manager s Report 2. Attorney s Report 3. Financial Report...Page 8 4. Field Report J. Board Member Comments K. Adjourn

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5 QUANTUM PARK OVERLAY DEPENDENT DISTRICT REGULAR BOARD MEETING JANUARY 17, 2019 A. CALL TO ORDER Chairman Colin Groff called the January 17, 2019, Regular Board Meeting of the Quantum Park Overlay Dependent District to order at 2:00 p.m. in a Conference Room of the Boynton Beach Fire Station No. 5, 2080 High Ridge Road, Boynton Beach, Florida B. PROOF OF PUBLICATION Proof of publication was presented that notice of the January 17, 2019, Regular Board Meeting had been published in The Palm Beach Post on December 9, 2018, as legally required. C. ESTABLISH A QUORUM Chairman Groff stated that the attendance of Supervisors Jim Lahiff, Charles Geragi, Grant Horwitz, and Terese Urban constituted a quorum and it was in order for the meeting to proceed. Also, in attendance were: District Managers, Peter L. Pimentel and Michael McElligott, of Special District Services, Inc., and Ray Spear of the Grassroots Corporation. Attorney, Sherry Sutphen attended by telephone. D. ADDITIONS OR DELETIONS TO THE AGENDA Mr. Geragi stated that he would like to discuss the potential shut down of the District. Chairman Groff stated that he was going to discuss this under Board Members Comments. A motion was made by Mr. Horwitz, and seconded by Mr. Geragi, which passed unanimously to add a discussion of options to shut down the District under Board Members Comments. E. COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA There were no members of the public present. F. APPROVAL OF MINUTES 1. December 17, 2018, Regular Board Meeting Mr. Pimentel presented the minutes of the December 17, 2018, Regular Board Meeting. A motion was made by Mr. Horwitz, and seconded by Mr. Lahiff, which passed unanimously to approve the minutes of the December 17, 2018, Regular Board Meeting as presented. 1 Page 3

6 G. OLD BUSINESS 1. Consider Proposal for Accounting Services Special Audit Mr. Pimentel referred to the January 17, 2019 proposal from Nowlen, Holt & Miner, P.A., contained in the Board Member s packet. He stated that the proposal was just received and that the cost would not exceed $7,500. Following a discussion of the scope of the proposal, a motion was made by Mr. Geragi, and seconded by Mr. Lahiff, which passed unanimously to award the contract to Nowlen, Holt & Miner, subject to an agreement that the audit would be completed by March 15, Finalization of Settlement Agreement Attorney Sutphen referred to the revised Settlement Agreement contained in the Board Member s packet. She stated that it replaces the Settlement Agreement approved by the Board at the November Board meeting. The revised Agreement contains a provision for the maintenance and upkeep of the south Sand Pine preserve in compliance with the DRI to be included in the Special Warranty deed which transfers the south Sand Pine preserve to Olen/Secured. The deed will be presented to the Board at the next meeting. Mr. Geragi requested that the words Authorized Representative be added to each signature block at the end of the Agreement. Following a discussion of the Agreement, a motion was made by Mr. Geragi, seconded by Mr. Horwitz and passed unanimously to approve the Settlement Agreement as amended by adding the words Authorized Representative to each signature block at the end of the Agreement. Mr. John Lyon, representing Olen/Secure, requested a copy of the maintenance file for Lot 71. H. NEW BUSINESS There was no new business brought before the Board. I. ADMINISTRATIVE MATTERS 1. Manager s Report Mr. Pimentel stated that he had nothing further to report. 2. Attorney s Report Attorney Sutphen stated that she had nothing further to report. 3. Financial Report Mr. Pimentel referred to the Financial Report contained in the meeting book. There was a brief discussion related to the same. 2 Page 4

7 4. Field Report Mr. Spear stated that he had nothing further to report. J. BOARD MEMBER COMMENTS Chairman Groff stated that the City could consider acceptance of the District s property if the District agreed to continue payment of the Bonds. Under this scenario, the City would maintain the lakes and the north park land at a minimum level. Further, there are several options for the development of the combined park that could be discussed in detail at a later date. He recommended that an updated letter be sent to the City Manager outlining this revised proposal. The consensus of the Board agreed with this approach. K. ADJOURNMENT There being no further business to come before the Board, a motion was made by Mr. Geragi, seconded by Mr. Groff and passed unanimously to adjourn at 2:45 p.m. Secretary Chairperson 3 Page 5

8 RESOLUTION NO A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE QUANTUM PARK OVERLAY DEPENDENT DISTRICT DESIGNATING LOT 71 WITHIN QUANTUM PARK AS SURPLUS AND NO LONGER NEEDED FOR DISTRICT PURPOSES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of Supervisors of the Quantum Park Overlay Dependent District owns and maintains the Lot 71 Sand Pine Preserve within Quantum Park; and WHEREAS, pursuant to Quantum Park Overlay Dependent District Resolution , if it is determined that any District owned real property is no longer needed for a District purpose, said real property may be disposed of in any lawful manner which the Board of Supervisors deems to be in the best interest of the District and its landowners; and WHEREAS, the Board of Supervisors of the Quantum Park Overlay Dependent District has determined that Lot 71, is surplus property and no longer needed for District purposes; and WHEREAS, the Board of Supervisors of the Quantum Park Overlay Dependent District has determined that it is in the best interest of the District and its landowners to dispose of Lot 71 pursuant to that Settlement Agreement dated January 17, 2018, which was approved for the purpose of settling Case No.: CA (AJ) (the District lawsuit ); Case No.: CA (AJ) (the Bert Harris lawsuit ); and Case No.: CA (AA) (the Easement lawsuit ); and WHEREAS, all resolutions or parts thereof of the District in conflict with the provisions contained herein are to the extent of any such conflict, hereby superseded and repealed. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE QUANTUM PARK OVERLAY DEPENDENT DISTRICT, AS FOLLOWS: Section 1. The above recitals are hereby adopted. Section 2. Lot 71, the Sand Pine Preserve property, as more particularly described and depicted in Exhibit A attached hereto, is hereby designated as surplus and no longer needed for any District purpose. PASSED, ADOPTED and becomes EFFECTIVE this 21 st day of February, ATTEST: QUANTUM PARK OVERLAY DEPENDENT DISTRICT By: Secretary/Assistant Secretary By: Chairperson/Vice Chairperson Page 6

9 RESOLUTION NO A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE QUANTUM PARK OVERLAY DEPENDENT DISTRICT DISCLAIMING ANY FUTURE INTEREST IT MAY HAVE IN AND TO THAT PORTION OF QUANTUM LAKES DRIVE LYING ADJACENT TO LOT 52 WITHIN QUANTUM PARK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 17, 2018, the Board of Supervisors of the Quantum Park Overlay Dependent District approved a Settlement Agreement for the purpose of settling Case No.: CA (AJ) (the District lawsuit ); Case No.: CA (AJ) (the Bert Harris lawsuit ); and Case No.: CA (AA) (the Easement lawsuit ); and WHEREAS, Section III. A. 2., of the Settlement Agreement requires that, within 45 days of the Effective Date of the Agreement, the District disclaim any future interest it may have in and to the portion of Quantum Lakes Drive abutting or lying adjacent to Lot 52 within Quantum Park; and WHEREAS, all resolutions or parts thereof of the District in conflict with the provisions contained herein are to the extent of any such conflict, hereby superseded and repealed. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE QUANTUM PARK OVERLAY DEPENDENT DISTRICT, AS FOLLOWS: Section 1. The above recitals are hereby adopted. Section 2. The District hereby disclaims any future interest that it may have in and to the portion of Quantum Lakes Drive abutting or lying adjacent to Lot 52 within Quantum Park, as more particularly described and depicted in Exhibit A attached hereto, in the event that the same is vacated by the City of Boynton Beach. PASSED, ADOPTED and becomes EFFECTIVE this 21 st day of February, ATTEST: QUANTUM PARK OVERLAY DEPENDENT DISTRICT By: Secretary/Assistant Secretary By: Chairperson/Vice Chairperson Page 7

10 Quantum Park Overlay Dependent District Financial Report For January 2019 Page 8

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