I80"^. She read a social media comment by Acreage Resident Becky O'Connor reminding people

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1 MINUTES OF REGULAR MEETING OF THE BOARD OF SUPERVISORS INDIAN TRAIL IMPROVEMENT DISTRICT AUGUST 22, 2018 A Regular Meeting of the Board of Supervisors of Indian Trail Improvement District was held at 6:30 p.m. on Wednesday, August 22, 2018 at the District Office located at U* Street North, West Palm Beach, Florida. Present during the Meeting were Supervisors Betty Argue, Ralph Bair, Carol Jacobs, Jennifer Hager and Tim Sayre. Also, in attendance were Rob Robinson, District Manager; Bruce Cuningham, Director of Finance; Attorneys Mary M. Viator and Frank S. Palen of Caldwell Pacetti Edwards Schoech & Viator LLP; Attorney Lara Donlon of Torcivia, Donlon, Goddeau & Ansay, P.A.; and Engineer Jay Foy, P.E. of Stormwater J Engineering, Inc. CALL TO ORDER President Argue called the Meeting to Order, conducted the Pledge of Allegiance and called Roll. PRESIDENT'S WELCOMING REMARKS President Argue said Resident Lili Condo thanked the Board regarding the milling at I80"^. She read a social media comment by Acreage Resident Becky O'Connor reminding people to slow down when they drive close to horses in the Equestrian Area. President Argue read Section , Florida Statutes, regarding same. President Argue agreed that drivers must respect equestrians.

2 SUPERVISORS^ COMMENTS Supervisor Bair apologized for not having a presentation on the Incorporation of the Acreage. He said there was a lot of documentation that needed to be reviewed. He asked to make a presentation after the November election. Supervisor Sayre said he toured the horse trails with the District Manager and Director of Parks. He mentioned the trails were missing a lot of signage which the District would handle soon. He added they reviewed and revised the trail maps. Supervisor Jacobs spoked about two new utility boxes she saw on Avocado. permitted. President Argue said the District could not do anything about the ones that were already Supervisor Jacobs asked whether the utility boxes could be wrapped or painted. Supervisor Sayre believed the permits allowed the District to remove the utility boxes at any time if the permittee does not want to wrap the boxes. The Supervisors agreed to each take a zone and map out the location of all utility boxes within each zone. President Argue mentioned the topic would be brought up at a later Meeting. District Manager Robinson stated he would provide different wrapping designs to the Board. AGENDA APPROVAL 6.1 Additions, Deletions, Substitutions President Argue asked to add "Easement Encroachments" to the Agenda.

3 A motion was made by Supervisor Sayre, seconded by Supervisor Jacobs and unanimously passed to add "Easement Encroachments" as Agenda Item 12.6A. District Manager Robinson pulled Agenda Item 12.1, "Consider: Removal of Price Cap on Sale of Back Hoe" to which the Board concurred. President Argue added that Consent Agenda Item 10.9, "Approval: EAP Agreement" was subject to legal review. President Argue requested that Agenda Item 12.7, "Consider: Halloween on Citrus Grove", be moved up under Presentations. Supervisor Bair asked that Consent Agenda Item 10.10, "Approval: Authorization for changes to Life Insurance for Supervisors..." be pulled for discussion. Supervisor Sayre requested that Consent Agenda Items 10.3, "Approval: IT Position Job Description", 10.4, "Approval: Proposed Organizational Chart" and 10.5, "Approval: FY Salary Range" be moved to Agenda Item Attorney Donlon asked that Consent Agenda Item be moved to Agenda Item 12.1 A A motion was made by Supervisor Sayre, seconded by Supervisor Jacobs and unanimously passed to make the following changes to the Agenda: Amend Consent Agenda Item 10.9 to add subject to legal review; Move Consent Agenda Item to Agenda Item 12.1 A; Move Consent Agenda Items 10.3, 10.4 and 10.5 to Agenda Item 12.IB; Move Agenda Item 12.7 to Presentations 7.1; and Add Agenda Item 12.6A as "Easement Encroachments."

4 Attorney Palen stated that Consent Agenda Item 10.9 should read that Gehring Group made a recommendation to approve the Agreement with Aetna Resources for Living, subject to legal review. A motion was made by Supervisor Sayre, seconded by Supervisor Jacobs and unanimously passed to amend his motion to add Aetna Resources for Living, subject to legal review, to Consent Agenda Item PRESENTATIONS 7.1 Halloween on Citrus Grove President Argue recommended the District install signage a few weeks before Halloween, close Citrus Grove Park, pay for two police officers for five hours on Halloween, and provide one Park Staff for the event. Sergeant Wilson from the Palm Beach County Sheriffs Office said there were two officers, three deputies, seven volunteers and a supervisor present at the event last year. The road was blocked off for about a mile. He suggested the same portion of road be blocked off this year. He was concerned there may be more people coming to this year's event. Sergeant Wilson recommended the road be blocked off to any vehicles, including ATVs and golf carts. He received complaints last year about teenagers on bicycles and suggested no bicycles be allowed on the street. He mentioned parking was an issue last year as vehicles parked in the swales. He suggested the District opens the Park Parking Lot. He added that people complained the facilities were locked.

5 President Argue would like the Park and the Facilities to be open for the event. She did not understand why others were opposed to that. District Manager Robinson suggested the District keep the Park and the Parking Lot closed. He thought the District should install three porta-potties along the sidewalk. He added the Director of Parks asked for $100 to pay for pumpkins and hay for a picture area. porta-potties. Supervisor Sayre inquired whether it would open the District to liability if it provided for Attorney Viator responded that if the District took the necessary steps to make it safe, the liability risks would decrease. A motion was made by Supervisor Bair, seconded by Supervisor Jacobs and unanimously passed to have two deputies, one Park Staff, three porta-potties and additional lights on Citrus Grove for Halloween. PUBLIC INPUT Resident John Rivera thanked Supervisor Sayre, the District Manager and the Director of Parks for taking him on a tour of the Equestrian Trails. He asked the Board to hold a Workshop to involve the community. The Board agreed to conduct an Equestrian Workshop at 5:30 p.m. before the October Board Meeting. APPROVAL OF MINUTES Attorney Viator said Supervisor Jacobs requested the Board of Supervisors Regular BOS Meeting Minutes of May 16, 2018 be revised on page 4 to add "She indicated that she did not

6 have an opportunity to review the Agenda and Backup and would not vote on the remainder of the Agenda Items." A motion was made by Supervisor Bair, seconded by Supervisor Jacobs and passed to approve the following Minutes: 9.1 Board of Supervisors Regular BOS Meeting Minutes - May 16, 2018 subject to the changes requested on page 4; and 9.2 Board of Supervisors Budget Public Hearing Minutes - May 23,2018. Supervisor Sayre was opposed. CONSENT AGENDA A motion was made by Supervisor Bair and seconded by Supervisor Jacobs to approve the following Consent Agenda Items: 10.1 Approval of Disbursements and Purchase Orders 10.2 Approval: Proposed FY Annual Meeting Schedule 10.6 Approve Resolution No Approving and Confirming the Creation of Unit R-3, which stated as follows: RESOLUTION RESOLUTION OF THE BOARD OF SUPERVISORS OF INDIAN TRAIL IMPROVEMENT DISTRICT APPROVING AND CONFIRMING THE CREATION OF UNIT OF DEVELOPMENT NO. R-3 (Copy Filed in District Records) 10.7 Approval: Special Permit - SP-0329 FPL 168"* Tr N Approval: Special Permit - SP-0330 FPL 140^^* Ave N Approval: EAP Agreement with Aetna Resources for Living, subject to legal review Approval: The Gehring Group, Inc. - Insurance Broker One Year Extension

7 The motion approving the Consent Agenda, as amended, passed. Supervisor Sayre opposed the motion because the District did not receive the required Annual Reports from the permittees. He said he would oppose all new Special Permits until the permittees follow the Permit requirements. President Argue said Staff was working on this issue. She added this requirement only applied to certain Special Permits. Engineer Foy stated the reporting requirement only applied to construction. He explained an Annual Report was not required after the construction was completed. Attorney Clements had clarified this issue with him. requirement. President Argue requested confirmation from Legal regarding the Annual Reporting DISTRICT MANAGER^S REPORT District Manager Robinson presented his Report. He spoke about culvert works, reporting changes to FEMA's new porthole for uploading data and the grant funding for Community Park Trail RTP T He said the State asked the District to withdraw from the Grant because the Site Plan did not meet the intent and requirements of the Program. He explained there would be more grant funding available in November. District Manager Robinson stated he received a letter from FDEP regarding the grant for Moss Property Rehydration. He said they would be contacting the District to begin the contract process.

8 District Manager Robinson explained the grader put up for auction stalled at $30,000. Dobbs Equipment looked at four graders, which it assessed at $32,000, and indicated it wanted to buy the subject grader. District Manager Robinson recommended the District goes ahead with the sale and use the money towards new equipment. shell going up. District Manager Robinson provided a brief Park Update regarding FP&L and the band Supervisor Sayre asked whether the District would be able to meet the Grant's four-year deadline for the Moss Project. District Manager Robinson responded he was confident it would be done within the timeframe. President Argue provided an additional Park Update. She stated the District had to wait to grade and landscape the Park until FP&L was done with the electrical connection. Supervisor Jacobs and President Argue complained about the amount of time it took FP&L to do the work. District Manager Robinson offered to tour the Park with the Supervisors to show the progress of construction. REGULAR AGENDA 12.1A Authorization for changes to Life Insurance for Supervisors in compliance with Chapter 112 Supervisor Bair said he pulled the Item from the Consent Agenda because Attorney Donlon had concerns about the legality of having a separate Life Insurance Policy for the Supervisors. 8

9 Attorney Donlon explained that insurance carriers were not excited to write these types of insurance policies for Board Members. As a result, she stated there was a chance that if the Board did not approve the changes. Principal might not bid for a new contract next year. She added the District might not get many or any bids for insurance for Board Members. She said it did not affect the Employee's Life Insurance Policy. Attorney Donlon explained that pursuant to Florida law, the Board could not purchase individual policies for the Supervisors. She said the 30 hours work requirement was removed from the Policy and that accidental death and dismemberment was not covered. President Argue asked whether the Board would be covered if someone came in and shot them during a Meeting. Mr. Kuehn, the representative from Gehring Group, explained that if a Supervisor lost a body part, he or she would not be covered, but if a Supervisor died, he or she would be covered by the Life Insurance Policy. President Argue asked for the cost of the Insurance Policy. Attorney Donlon responded it was $9 a month per person. Supervisor Sayre asked whether it was correct that when a Supervisor reached 65, the death benefit went down by 35%, and that when a Supervisor reached 70 it went down by an additional 15%. Mr. Kuehn responded it was correct and that it was an industry standard. A motion was made by Supervisor Jacobs, seconded by Supervisor Bair and unanimously passed to accept the changes to the Life Insurance Policy for the Supervisors as presented.

10 12.1B IT Position Job Description, Proposed Organization Chart and FY Salary Range Supervisor Sayre opined that the salary ranges for the IT position were too high. He explained the District did not require as much work as other local government. He asked the ranges go down by $5,000 for the mid and high ranges. Supervisor Jacobs agreed with Supervisor Sayre. President Argue asked Miriam Heisser to explain to the Board why she chose those salary ranges. Miriam explained they calculated the average of all the neighboring local government salary ranges for IT positions President Argue added the IT job description for ITID combined three positions into one, which made it unique. District Manager Robinson said he tries to be fiscally responsible with everything he does. However, if the District has a hard time finding someone who can fill the position, he did not want the District to limit the salary too much for the right person. Supervisor Bair thought it may be hard to find someone who can do social media and website maintenance in addition to IT work. In his experience, IT workers did not have that kind of experience, so it might cost the District a lot of money to employ an IT worker. A motion was made by Supervisor Jacobs, seconded by Supervisor Sayre and unanimously passed to amend the IT Position Job Description to reduce the salary range to $47,000 for low range, $58,000 for mid-range and $69,000 for high range. 10

11 A motion was made by Supervisor Sayre, seconded by Supervisor Jacobs and unanimously passed to approve the proposed Organization Chart. A motion was made by Supervisor Bair, seconded by Supervisor Sayre and unanimously passed to amend the FY Salary Range Santa Rosa Groves Update District Manager Robinson said he was tasked with investigating the potential activation of Santa Rosa Groves. He had a meeting with Legal, Engineer, President Argue and Riccobono's legal team to discuss the possible transfer of Santa Rosa Groves Road and drainage easements to the District in the event of unit activation. During the meeting, they concluded Santa Rosa HOA might have the authority to convey. However, the HOA Board and their residents would have to amend their HOA documents to authorize such conveyance. The HOA said it would mail a letter to the residents asking if they favor the conveyance to the District. Resident of Santa Rosa Groves Jayne Willever said she came to the meeting to obtain more clarification on the activation. President Argue said it was now in the hands of the HOA. Ms. Wilver thanked the Board for holding a Workshop Meeting last month on this issue. President Argue and Supervisor Bair thanked Ms. Willever for all the work she did for the residents of Santa Rosa Groves Consider: Waiving Permit Fees at Hamlin House for Horses That Help - for their monthly program (non-fundraising events) A motion was made by Supervisor Jacobs and seconded by Supervisor Hager to waive the permit fees at Hamlin House for Horses That Help for their monthly program. 11

12 Supervisor Sayre said flindraising events should be included because the District allowed it for AAL, AHA and ALA. That Help President Argue explained they could do fundraising events if it benefits only Horses Supervisor Sayre requested the Board direct the District Manager and the Director of Parks to prepare a Provider Agreement for Horses That Help to include fundraising as a monthly one-time event for the next Meeting. A motion was made by Supervisor Jacobs, seconded by Supervisor Hager and unanimously passed to waive the permit fees at Hamlin House for Horses That Help for their monthly program (non-fundraising events). A motion was made by Supervisor Sayre and seconded by Supervisor Jacobs to discuss at the next Meeting the subject Agreement for Horses That Help, which would include the ability to fundraise. The motion passed. President Argue opposed the motion Consider: ITID Board of Supervisors' - Board Representative Appointments (Appoint Supervisor Dunkiey replacements as well as previously unfilled appointments) President Argue said Mr. Dunkiey oversaw the Community Garden Project, the Water Resource Committee and the League of Cities. Mr. Shafer was the alternate on the Water Resource Committee. The Board consented to Mr. Shafer taking over Mr. Dunkiey's position on the Water Resource Committee until the next election. 12

13 President Argue said someone had to develop a program to get the community involved in the maintenance of the Community Garden. Supervisor Bair offered to take over Mr. Dunkley's position with the Garden even after the election. A motion was made by Supervisor Sayre, seconded by Supervisor Jacobs and unanimously passed appointing Supervisor Bair to the Community Garden Project. President Argue explained that Mr. Dunkley used to go to the League of Cities Meetings, with the District Manager and another Supervisor. Supervisor Sayre offered to attend the Meetings. A motion was made by Supervisor Jacobs and seconded by Supervisor Hager to authorize Supervisor Sayre attend the League of Cities Meetings until the election. The motion passed. Supervisor Bair was temporarily absent for the vote Consider: Resolution No regarding Traffic Calming MPO President Argue requested clarifications on this issue because when the Board approved the MPO Grant she thought the Board was approving design. District Manager Robinson said Resolution was adopted in December. When he talked to FDOT, he told them the Board wanted to go forward with the design, but hold off on the implementation. FDOT then requested a new Resolution for this calendar year. He said he just found out yesterday that FDOT was fine with the Resolution from 2017 regarding 140"^ Ave N, Temple Blvd and Hall Blvd. 13

14 Attorney Palen explained the Resolution was not an agreement to turn over the District's roads to FDOT. The Resolution was to authorize FDOT to design traffic calming with grant money. Engineer Foy said the Project was fully funded by FDOT. He added that if the Board does not give FDOT a specific location by Friday, the District will not get any funding. President Argue asked Engineer Foy to send a Memo to the Board regarding the proposed locations of the calming areas. President Argue said the Board would provide feedback by Friday. Resident Jorge Martinez asked the Board if they would consider adding traffic calming on Valencia Boulevard next to Banyan because of the elementary school. Engineer Foy said he would look at the Master Plan to see whether it was included. If not, he will talk to Joe Capra at Captech about it. President Argue asked that this topic be brought back at the next Meeting Consider: Website ADA Compliance Solutions District Manager Robinson said there was a disclaimer on the District website stating the District was working on a re-design to make the website ADA compliant. He said Staff contacted three vendors. He provided a short description of the services offered. He added that Staff was in communication with vendors for Meeting videos to add closed captioning. A motion was made by Supervisor Sayre and seconded by Supervisor Bair to use Vendor Vision by Granicus for the District website. The motion passed. President Argue was temporarily absent for the vote. 14

15 Supervisor Bair left the Meeting. 12.6A Easement Encroachments President Argue brought up the topic of easement encroachments because there had been many encroachments in the District's easements. She explained that when residents planted a tree in the District's easement, it was an encroachment. She added that pursuant to law, the District could remove the obstruction and bill the resident for it up to double the cost of removal. She said there was an issue with a resident who had an oak tree in the District's easement. She explained the District would be retrofitting the road and the tree removal was necessary to do the work. The resident did not want to remove the tree. She added there were also a lot of trees and vegetations along the canals that were encroaching on the District's easements. Supervisor Jacobs asked whether a survey was done to see if the tree was in the easement. District Manager Robinson replied negatively, but Staff pulled up the property pins. Supervisor Hager mentioned there were a lot of vegetation debris along the canals that should be removed. However, she pointed to a picture of an encroachment by trees and thought it could be an exception because it looked pretty. Supervisor Sayre asked the District Manager how it would impact the trees if they cut off some of the roots to do the work. President Argue said the matter was not specifically about the tree on the District's easement, but about the District's policy regarding encroachments of easements. She said if the District made an exception here, it would have to make exceptions for everybody. 15

16 Supervisor Jacobs asked whether there was a drainage issue on the road. She added the District needed to obtain a survey before removing an obstruction. District Manager Robinson responded to Supervisor Sayre and indicted that removing the roots could kill the tree or make the tree topple when there is a storm. District Engineer Foy recommended that all encroachments be removed because they cause problems to the District's infrastructure. He added that the District should consider what was there and what could be installed such as utilities Resident Kimbrell of ''' Court North asked the Board to be consistent with past decisions and to allow his oak tree to remain in the easement. He asked for faimess and consistency. He said Orange Grove was done this year and the District left trees in the easements. President Argue opinioned that the District needed to be consistent with its policy and the law, and remove all encroachments in the District's easements. She would like the residents to either move the encroachments or reimburse the District for moving the encroachments. Supervisor Jacobs felt there were more important issues right now than trees in the easements. She explained that if the trees were not blocking the water flow, they should stay. Supervisor Jacobs suggested that this Item be brought back at the next Meeting. Meeting. President Argue asked District Manager Robinson whether it could wait until the next District Manager Robinson responded affirmatively. 16

17 Supervisor Sayre asked Resident Kimbrell whether they had any flooding issues on his street. Resident Kimbrell responded negatively. He said he did a public records request with the District to find out whether anyone had complained about flooding on his street and there were no complaints. District Manager Robinson explained that the palm trees on another street were not removed because they were not in the way of District work. However, he said that if the District applies the Policy consistently in the future, the District would have to move all trees and encroachments in the easements even if they did not interfere with District works. REPORTS Attorney Viator stated Legal was working on the GL Homes Agreement. Attorney Palen was hopeful the Agreement would be on next month's Agenda. A motion was made by Supervisor Hager, seconded by Supervisor Jacobs and unanimously passed to approve the following Reports: 13.1 Attorney's Report 13.2 Engineering Report 13.3 Finance Report 13.4 Operation & Maintenance Report 13.5 Storm water Operations & Aquatics Report 13.6 Park Report 13.7 Public Records Requests (July 1, 2018 to July 31, 2018) 13.8 Resident Correspondence (July 1, 2018 to July 31, 2018) 13.9 Meeting Notice SUPERVISOR CLOSING COMMENTS Supervisor Sayre thanked everyone who attended the Meeting and spoke about their concerns. 17

18 ADJOURNMENT A motion was made, seconded and unanimously passed to adjourn the meeting. There being no further business to come before the Board, the Meeting was adjourned. President A Secretary 18