QUANTUM PARK OVERLAY DEPENDENT DISTRICT PALM BEACH COUNTY REGULAR MEETING & PUBLIC HEARING JULY 20, :00 P.M.

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1 QUANTUM PARK OVERLAY DEPENDENT DISTRICT PALM BEACH COUNTY REGULAR MEETING & PUBLIC HEARING JULY 20, :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 2500 Quantum Lakes Drive, Suite 101 Boynton Beach, Florida REGULAR BOARD MEETING & PUBLIC HEARING July 20, :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. June 29, 2017 Regular Board Meeting Minutes.Page 2 G. Public Hearing 1. Proof of Publication Page 6 2. Receive Public Comments on Fiscal Year 2017/2018 Final Budget 3. Consider Resolution Adopting a Fiscal Year 2017/2018 Final Budget Page 7 H. Old Business I. New Business 1. Discussion Regarding the District Attorney Contract.Page Consider Proposal from Special District Services, Inc. for Maintenance Management Service Page Consider Board Authorized Requests Contained in the May 8, 2017 Engineer s Report..Page Consider Request for Fee Adjustment from Bell & Roper, P.A. Page Consider Resolution Adopting a Fiscal Year 2017/2018 Meeting Schedule Page 33 J. Administrative Matters 1. Financial Report..Page 35 K. Board Member Comments L. Adjourn

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4 QUANTUM PARK OVERLAY DEPENDENT DISTRICT REGULAR BOARD MEETING JUNE 29, 2017 A. CALL TO ORDER District Manager Peter L. Pimentel called to order the June 29, 2017, Regular Board Meeting of the Quantum Park Overlay Dependent District at 2:00 p.m. in a Conference Room located at 2500 Quantum Boulevard, Suite 101, Boynton Beach, Florida B. PROOF OF PUBLICATION Proof of publication was presented that notice of the June 29, 2017, Regular Board Meeting had been published in The Palm Beach Post on January 9, 2017, as legally required. C. ESTABLISH A QUORUM Present and constituting a quorum were Vice Chairman Charles Kanter and Supervisors Colin Groff, Andrew Mack and Charles Geragi. Staff in attendance were: District Manager Peter L. Pimentel of Special District Services, Inc. and District Counsel Bernard Conko, of Counsel to Cohen, Norris, Wolmer, Ray, Telepman, Cohen. D. ADDITIONS OR DELETIONS TO THE AGENDA Mr. Geragi made a motion that an item entitled Discussion of Payments to Bell & Roper, P.A. be placed on the Agenda. Mr. Groff seconded the motion and upon being put to a vote, the motion carried unanimously. E. COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA There were no comments from the public for items not on the agenda. F. APPROVALOF MINUTES 1. May 18, 2017 Regular Board Meeting Mr. Pimentel presented the minutes of the May 18, 2017, Regular Board Meeting. Mr. Mack referred to Item No. 3 under New Business, particularly the sentence that reads Mr. Mack stated that he had spoken with city attorney and that there did seem to be an honest oversight, but that it was appropriate to execute it now. He stated that he did not recall making the statement and would like to have it removed from the final minutes. Mr. Groff moved, seconded by Mr. Mack and upon being put to a vote the motion carried unanimously to approve the May 18, 2017, Regular Board Meeting minutes as amended with the removal of the sentence under Item No. 3, New Business that reads Mr. Mack stated that he had Page 2

5 spoken with city attorney and that there did seem to be an honest oversight, but that it was appropriate to execute it now. 2. June 15, 2017 Regular Board Meeting Mr. Pimentel presented the minutes of the June 15, 2017, Regular Board Meeting. Without comment, Mr. Groff moved approval, seconded by Mr. Mack and upon being put to a vote, the motion carried unanimously to approve the May 20, 2017, Regular Board Meeting minutes, as presented. G. OLD BUSINESS 1. Update Regarding Permit Application for Lot 17 Mr. Pimentel referred to his letter dated June 19, 2017 contained in the Board Notebooks He stated that the letter was the result of the action taken by the Board at the June 15 th meeting and that the language was coordinated with John Lyon with the Olen Development Corp. Mr. Lyon who was present at the meeting stated that the letter was acceptable to the City. No further action was required by the Board. H. NEW BUSINESS 1. Discussion Regarding District Engineer and the District Attorney Contracts Mr. Pimentel stated that prior to discussion under this item, the Board should refer at the Notice of Termination from Gerlica, Inc. contained in the Board Members notebooks on Page 29. He noted that the termination date stated in the letter is October 31, 2017 pursuant to the Agreement between the District and Gerlica, Inc. A discussion followed regarding the time frame for termination of Gerlica, Inc.; the process for engaging a new District Engineer; the timeframe for turning the District over to the City; and the timeframe for paying off the outstanding District debt. Mr. Groff stated that the District could hire an engineer from time to time for specific tasks and avoid the engagement of a District Engineer. Additional discussion followed regarding the District s financial obligation to pay Gerlica, Inc. until October 31, 2017 and the fact that Mr. Gerlica has had a conflict of interest for some time as a board member of the Quantum Park Property Owners Association. Mr. Pimentel referred to the Notice of Potential Conflict of Interest from Gerlica, Inc. contained in the Board Notebooks on Page 31. Attorney Conko stated that the Board was aware of Mr. Gerlica s potential for conflict as a POA board member when he was hired and ever since, and the Board Members chose to hire him and continue with him in spite of the potential conflicts. Mr. Groff stated that there are plenty of reasons to terminate for cause including the conflicts of interest. Following the discussion, Mr. Groff made a motion to terminate Gerlica, Inc. for cause effective July 31, 2017, noting the conflict of interest with the Board of POA and for not notifying the new Board of the conflict. Mr. Geragi seconded the motion. Page 3

6 Prior to voting on the motion, Attorney Bernard Lebedeker stated that he represents Gerlica, Inc. and that there is a risk if Gerlica, Inc. is fired for cause because of lack of notification to new Board members. He stated that there is continuity of the District and notification to prior Board members passes on to new Board members without further notification. He stated that if the Board continues along these lines he will sue the District and that he will win a summary judgment. He cautioned the Board to go back and find specific cause if they are going to terminate Gerlica, Inc. Further discussion followed regarding the duties of the District Engineer and how best to handle the transition. Mr. Pimentel distributed a listing of the duties as provided by Gerlica, Inc. Mr. Groff inquired if Special District Services, Inc. has the capability to manage the non-engineering items on the list and he responded in the affirmative. Mr. Mack noted that Mr. Gerlica has a professional obligation to assist in the transition and he was certain that Mr. Gerlica would handle the transition professionally. Mr. Pimentel agreed. Mr. Groff stated that he would like to withdraw his motion and offer a substitute motion. The motion was withdrawn. Mr. Groff made a motion to authorize Gerlica, Inc. to continue to provide general professional engineering services 1.1 through 1.5 under Section 1 of the July 17, 2008 Professional Engineering Services Agreement between the District and Gerlica, Inc. and to direct the District Manager to work with Gerlica, Inc. for a smooth transition and further that the District Manager bring back a proposal for handling the non-engineering maintenance management items currently being performed by Gerlica, Inc. Mr. Kanter seconded the motion and upon being put to a vote, the motion carried unanimously. Mr. Mack stated that he would like to see if Gerlica, Inc. would terminate voluntarily prior to October 31, Mr. Groff stated that he would like to table discussion of the District Attorney s contract until the next meeting. The consensus of the Board was to table this discussion until the next meeting. 2. Consider Acceptance of Notice of Agreement Termination Gerlica, Inc. No further discussion occurred regarding this item. 3. Consider Notice of Potential Conflict of Interest Attorney Conko stated that it was not mandatory to acknowledge the Gerlica, Inc. Notice of Potential Conflict of Interest. The fact that it is in the notebooks is sufficient. 4. Discussion Regarding Adopting a Policy for Adding Items to the Agenda Mr. Mack stated that he would like to have staff include a copy of the draft Agenda when it Page 4

7 sends the notice for items for the Agenda. The consensus of the Board is that this would be acceptable. 5. Consider Repairs to Pedestrian Walkways Requested by Supervisor Kanter Mr. Kanter stated that portions of the pedestrian walkways along Quantum Blvd. are in a state of disrepair and recommended that the District send a letter to the City requesting their repair. Mr. Groff suggested a letter be sent to the City requesting the repairs and the schedule when the repairs would be made. The consensus of the Board was to send such a letter to the City. 6. Discussion of Payments to Bell & Roper, P.A. Mr. Geragi stated his opinion that the Attorney representing the District with regards to the various lawsuits is being underpaid for her services. He suggested that the Manager request a proposal from the law firm to increase the hourly rate comparable to that of the District Attorney. The consensus of the Board was for the Manager to submit such a request to Attorney Sherry Sutphen. J. ADMINISTRATIVE MATTERS Mr. Pimentel referred to the Financial Report contained in the Board Members notebooks. K. BOARD MEMBERS COMMENTS There were no additional Board Member comments. K. ADJOURN Mr. Groff moved, seconded by Mr. Mack to adjourn at 3:20 p.m. The motion carried unanimously. Secretary/Assistant Secretary Chairman/Vice Chairman Page 5

8 Notice of Public Hearing and Regular Board Meeting of the Quantum Park Overlay Dependent District The Board of Supervisors of the Quantum Park Overlay Dependent District will hold a Public Hearing and Regular Board Meeting on July 20, 2017, at 2:00 p.m., or as soon thereafter as the meeting can be heard, in a Conference Room at 2500 Quantum Lakes Boulevard, Suite 101, Boynton Beach, Florida The purpose of the Public Hearing is to receive public comment on the Fiscal Year 2017/2018 Proposed Final Budget of the Quantum Park Overlay Dependent District. A copy of the Budget and/or the Agenda may be obtained at the offices of the District Manager, 2501A Burns Road, Palm Beach Gardens, Florida 33410, during normal business hours. The purpose of the Regular Board Meeting is for the Board to consider any other business which may properly come before it. The meetings are open to the public and will be conducted in accordance with the provisions of Florida law. Meetings may be continued as found necessary to a time and place specified on the record. There may be occasions when one or more Supervisors will participate by telephone; therefore, a speaker telephone will be present at the meeting location so that Supervisors may be fully informed of the discussions taking place. In accordance with the provisions of the Americans with Disabilities Act, any person requiring special accommodations or an interpreter to participate at these meetings should contact the District Manager at (561) and/or toll-free at , at least seven (7) days prior to the date of the meetings. If any person decides to appeal any decision made with respect to any matter considered at this Public Hearing and Regular Board Meeting, such person will need a record of the proceedings and such person may need to ensure that a verbatim record of the proceedings is made at their own expense and which record includes the testimony and evidence on which the appeal is based. Meetings may be cancelled from time to time without advertised notice. Quantum Park Overlay Dependent District PUBLISH: PALM BEACH POST 06/29/17 & 07/06/17 Page 6

9 RESOLUTION NO A RESOLUTION OF THE QUANTUM PARK OVERLAY DEPENDENT DISTRICT ADOPTING A FISCAL YEAR 2017/2018 BUDGET. WHEREAS, the Quantum Park Overlay Dependent District ( District ) has prepared a Proposed Budget and Final Special Assessment Roll for Fiscal Year 2017/2018 and has held a duly advertised Public Hearing to receive public comments on the Proposed Budget and Final Special Assessment Roll; and, WHEREAS, following the Public Hearing and the adoption of the Proposed Budget and Final Assessment Roll, the District is now authorized to levy non-ad valorem assessments upon the properties within the District. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE QUANTUM PARK OVERLAY DEPENDENT DISTRICT THAT: Section 1. The Final Budget and Final Special Assessment Roll for Fiscal Year 2017/2018 attached hereto as Exhibit A is approved and adopted, and the assessments set forth therein shall be levied. Section 2. The Secretary of the District is authorized to execute any and all necessary transmittals, certifications or other acknowledgements or writings, as necessary, to comply with the intent of this Resolution. PASSED, ADOPTED and EFFECTIVE this 20 th day of July, ATTEST: QUANTUM PARK OVERLAY DEPENDENT DISTRICT By: Secretary/Assistant Secretary By: Chairperson/Vice Chairperson Page 7

10 Quantum Park Overlay Dependent District Final Budget For Fiscal Year 2017/2018 October 1, September 30, 2018 Page 8

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26 CONSIDER PROPOSAL FROM SPECIAL DISTRICT SERVICES, INC. FOR MAINTENANCE MANAGEMENT SERVICE TO BE DISTRIBUTED UNDER SEPARATE COVER Page 24

27 gerlicainc., P.O. Box , Port St. Lucie, FL 34988; ; ENGINEERS REPORT QUANTUM PARK OVERLAY DEPENDENT DISTRICT Permit Activities of Interest. NO UPDATE. Page 25

28 Board Authorizations Requested; Hoover Pumping Systems $ Hoover Pumping Systems$6, Ecological Consultants, Inc. $ 9, per year/$ 2, per quarter Ecological Consultants, Inc. $ 4, per year/$1,200 per quarter South Sand Pine Preserve Ecological Consultants, Inc. $ 2, Ecological Consultants, Inc. $ 8, per year/$1,200 per quarter phone gerlicape@comcast.net Page 26

29 Ecological Consultants, Inc. $ 3, per year/$800 per quarter Ecological Consultants, Inc. $ 1, South Sand Pine Preserve Creative Metals and Fencing, Inc. $ 15, Industrial Divers Corporation $5, Gerlica, Inc phone gerlicape@comcast.net Page 27

30 Timothy M. Smith Land Surveying, Inc. $2, Michael Briggs, Irrigation Contractor,$ Gerlica, Inc. Engineers Opinion of Probable Project Cost is $100,000. Gerlica, Inc Gerlica, Inc. Engineers Opinion of Probable Project Cost for this work is $50,000. Engineers Opinion of Probable Project Cost is $150,000. phone Page 28

31 Update on Other Engineering Related Activities; No Update. No Update. No Update. phone Page 29

32 Date: 05/08/17 To: Quantum Park Overlay Dependent District Phone: c/o Gerlica, Inc. Subject: Flowguard Maintenance Agreement Hoover Site/Site#: Quantum Park Overlay Dependent District, ID#7452 Hoover Model Number: HC2F-25PDV-460/3-FHMR2L-Z Contract Term: 7/1/17-/6/30/19 The Hoover Maintenance Plus Program includes 24/7 remote automatic monitoring of the irrigation and pump system via Hoover Flowguard combined with two preventative maintenance visits to the site per year by a Hoover Certified Pump Technician. The following will be furnished: Priority Scheduling-When repair service is required. No $ Evaluation fee for service requests. Hoover Flowguard proactive system support and remote access, automated system alerts and warnings via e- mail, priority service scheduling, up to 8 hours assistance from the Hoover Help Desk and written recommendations for problem correction. Pump Control Panel-Test control logic, torque electrical connections to UL specification, treat components with antioxidant protective spray, test and replace surge protection components. Variable Frequency Drive-Test and confirm proper operation. Change parameters if required. Air Conditioner-Check and confirm proper operation. Clean filter. Pump motors-service bearings (if applicable), check operation and current draw against specification. Pumps-Check condition of seal. Confirm flow and pressure performance. Control/Shut Off Valve-Check pilots, clean filter. Calibrate valve, replace worn diaphragm. Flow Meter-Test flow meter and pressure transducer for proper operation. Calibrate flow meter as required by Florida Water Management District upon client request. Pressure Tank-Check and adjust tank precharge pressure as required. Suction Intake-Evaluate intake performance and recommend screen cleaning (if applicable) as required. Fiberglass Enclosure-Check lockable handle, hinges and opening mechanism. Discounted Pricing-Discount off list price for numerous replacement components. Report-To be submitted upon completion of service call with findings and recommendations. The following items are excluded from the program: Suction intake cleaning or adjustments due to changing water levels Repairs due to failure of any electrical or mechanical components due to mistreatment of the system and other causes not covered by Hoover Pumping Systems warranty Repairs due to failures or recurring problems caused by poor water quality including chemical or biological fouling or field irrigation system problems Repairs due to vandalism, accidents, negligence or natural events including wind, flood, power surge and lightning Repairs due to operating the irrigation system above the station design. Repeated rapid cycling of pump system due to irrigation system leaks. PAYMENT PLAN-SELECT ONE: Check One: 1. Two Year 24 month agreement Lump Sum $4,921.00/2Year 2. Semi-Term payment due Months 1 and 13 $2,584.00/each Filter Disc Cleaning: $450.00/each Should a restriction be detected and require cleaning, a Hoover tech w ill clean the discs w ith a chemical solution w hich w ill improve field performance and reduce the frequency of filter assembly flushes. ** To be billed only upon completion w ith approval. Terms: This agreement becomes effective on the first day of the month following receipt of an executed contract. This agreement is automatically renewable for one year unless written notice is provided by either party 30 days prior to its expiration. Additional work beyond the scope of this agreement will be performed upon customer approval. Hoover Pumping systems Standard Terms and Conditions of Sales will apply. Accepted by: Accepted by: Hoover Pumping Systems Quantum Park Overlay Dependent District Ramona Mingo 05/08/17 Signature/Date P.O. Number (if required) Name Printed 2801 N. Powerline Rd. Pompano Beach, Florida (954) Fax (954) Page 30

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34 Bell & Roper, P.A. ATTORNEYS AT LAW MICHAEL M. BELL 2707 EAST JEFFERSON STREET FRANK M. MARI DAVID B. BLESSING ORLANDO, FLORIDA MICHAEL J. ROPER MICHAEL H. BOWLING TELEPHONE (407) DALE A. SCOTT ANNA E. ENGELMAN FACSIMILE (407) SHERRY G. SUTPHEN CHRISTOPHER R. FAY JOSEPH D. TESSITORE JOHN M. JANOUSEK DANI S. THEOBALD MAI M. LE CINDY A. TOWNSEND July 6, 2017 VIA DELIVERY Pete Pimentel, District Manager Special District Services, Inc. The Oaks Center 2501A Burns Road Palm Beach, Florida ATTORNEY CLIENT COMMUNICATION ATTORNEY WORK PRODUCT PRIVILEGED-CONFIDENTIAL RE: Olen Properties Corp. and Secured Holdings Inc. v. Quantum Park Overlay Dependent District, et al. Case Number: 2015-CA ; Secured Holdings Inc. v. Quantum Park Overlay Dependent District Case Number: 2015-CA Dear Pete: As requested, please accept this letter as our proposal to receive compensation in the above referenced matters at the same hourly rate as that of the District s General Counsel effective July 1, If you need any additional information, please do not hesitate to contact me. Sincerely, SGS/klr Sherry G. Sutphen Page 32

35 RESOLUTION NO A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE QUANTUM PARK OVERLAY DEPENDENT DISTRICT, ESTABLISHING A REGULAR MEETING SCHEDULE FOR FISCAL YEAR 2017/2018 AND SETTING THE TIME AND LOCATION OF SAID DISTRICT MEETINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is necessary for the Quantum Park Overlay Dependent District ("District") to establish a regular meeting schedule for fiscal year 2017/2018; and WHEREAS, the Board of Supervisors of the District has set a regular meeting schedule, location and time for District meetings for fiscal year 2017/2018 which is attached hereto and made a part hereof as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE QUANTUM PARK OVERLAY DEPENDENT DISTRICT, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The above recitals are hereby adopted. Section 2. The regular meeting schedule, time and location for meetings for fiscal year 2017/2018 which is attached hereto as Exhibit A is hereby adopted and authorized to be published. PASSED, ADOPTED and EFFECTIVE this 20 th day of July, ATTEST: QUANTUM PARK OVERLAY DEPENDENT DISTRICT By: Secretary/Assistant Secretary By: Chairperson/Vice Chairperson Page 33

36 QUANTUM PARK OVERLAY DEPENDENT DISTRICT FISCAL YEAR 2017/2018 REGULAR MEETING SCHEDULE NOTICE IS HEREBY GIVEN that the Board of Supervisors of the Quantum Park Overlay Dependent District will hold Regular Meetings at 2:00 p.m. in a Conference Room at 2500 Quantum Lakes Drive, Suite 101, Boynton Beach, Florida 33426, on the following dates: October 19, 2017 November 16, 2017 December 21, 2017 January 18, 2018 February 15, 2018 March 15, 2018 April 19, 2018 May 17, 2018 June 21, 2018 July 19, 2018 August 16, 2018 September 20, 2018 The purpose of the meetings is to conduct any business coming before the Board. The meetings are open to the public and will be conducted in accordance with the provisions of Florida law. Copies of the Agendas for any of the meetings may be obtained from the District s website or by contacting the District Manager at (561) and/or toll free at five (5) days prior to the date of the particular meeting. From time to time one or more Supervisors may participate by telephone; therefore, at the location of these meetings there will be a speaker telephone present so that interested persons can attend the meetings at the above location and be fully informed of the discussions taking place either in person or by telephone communication. Meetings may be continued as found necessary to a time and place specified on the record. If any person decides to appeal any decision made with respect to any matter considered at these meetings, such person will need a record of the proceedings and such person may need to insure that a verbatim record of the proceedings is made at his or her own expense and which record includes the testimony and evidence on which the appeal is based. In accordance with the provisions of the Americans with Disabilities Act, any person requiring special accommodations or an interpreter to participate at any of these meetings should contact the District Manager at (561) and/or toll free at at least seven (7) days prior to the date of the particular meeting. Meetings may be cancelled from time to time without advertised notice. QUANTUM PARK OVERLAY DEPENDENT DISTRICT PUBLISH: THE PALM BEACH POST 00/00/2017 Page 34

37 Quantum Park Overlay Dependent District Financial Report For June 2017 Page 35

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