Minutes 01-14-04MINUTES OF THE COMMUNITY RELATIONS BOARD MEETING HELD IN
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON
WEDNESDAY, JANUARY 14, 2004 AT 7:00 P.M.
Present
Ron Washam, Chairperson
Anna Marie Noe, Vice Chair
Blanche Girtman
Jayne Kupperman
Brian Miller
Eddie Mitchell
Howard Solomon
Brenda Lee Williams
Sarah Dye, Alternate
Robert Harper, Alternate
Dan DeCarlo, Board Liaison
Absent
Jose Rodriguez
I. Pledge of Allegiance
Chairman Washam called the meeting to order at 7:02 p.m. and Vice Chair Noe led
members in the Pledge of Allegiance to the Flag.
I1. Roll Call - Regular Members and Alternates
The Recording Secretary called the roll and declared a quorum was present.
III.
Recognition of Visitors
Assistant City Attorney Mike Pawelczyk (Florida Sunshine Law)
Attorney Pawelczyk explained that he is an Assistant City Attorney for the City of
Boynton Beach. He is employed by the law firm of Goren, Cherof, Doody & Ezrol that
has been the law firm for the City of Boynton Beach since 1990. He has many years of
experience with the City and municipal government. The City Attorney's Office will be
giving presentations on the Florida Sunshine Law/Public Records to all Boards that
provide advice to the City Commission and the administration.
Attorney Pawelczyk distributed copies of the statutes that he would be addressing as
follows: (1) the Sunshine Law, (2) the Public Records Law, and (3) the Code of Ethics.
(1)
The Sunshine Law means government in the sunshine and that is accessible
to the public. The authority for the Sunshine Law is cited in Section 286.011
of the Florida Statutes and in the Florida Constitution. This provides the right
Meeting Minutes
Community Relations Board
Boynton Beach, FL
January 14, 2004
of access to government at the state and local levels. Attorney Pawelczyk
explained that the law requires that all meetings must be noticed. The law
has three basic requirements. The first one is "reasonable" notice, which is
done by the Clerk's Office that normally would be 72 hours. If it were an
emergency meeting, it could be 24 hours. There is no definition of what is
"reasonable," but it is generally interpreted to mean 72 hours. Secondly, all
meetings must be open to the public. Lastly, minutes of the meeting must be
taken and promptly recorded. It is not a requirement that minutes are taped
using audio or visual devices, but the City does record the meetings using
audio equipment and there is a reporter present to take notes in order to
prepare the minutes.
Certain boards, such as the Code Board, must be recorded using some kind
of audio device; whereas this Board only requires minutes. He pointed out
that the City does record all the meetings on a tape and the tape is available
to anyone who wanted it.
Ms. Williams inquired if a person could be recorded without their knowledge and
Attorney Pawelczyk explained that this is a public meeting. She was unaware that the
meetings were being recorded
Ms. Girtman inquired what happens to the tape after the meeting, and Attorney
Pawelczyk explained that the tape and/or disc of the meeting is kept by the City Clerk
and maintained for a certain period of time in accordance with the record requirements
of the State until they can be destroyed. Attorney Pawelczyk noted that the City Clerk's
Office maintains minutes in perpetuity, as well as ordinances and other legislation that
the Commission passes.
Because this is an advisory board to the City Commission, members are subject to the
Sunshine Law. Attorney Pawelczyk explained that any discussions that members have
as a Board must take place on the dais. Two Board members cannot be at a place
other than a noticed Board meeting and discuss any matter that could possibly come
before this Board and the same situation exists using e-mail.
There are criminal and civil penalties involved and Attorney Pawelczyk thinks that there
has only been one occasion when a person was prosecuted for Sunshine violations.
However, Board members should be cognizant of this. If any Board member has a
question as to what constitutes a Sunshine violation, they are urged to contact the City
Attorney through the Board's liaison. Every Board member should prevent the
appearance of impropriety. Board members should still enjoy their personal
relationships with each other, but should be cognizant of what they are doing.
(2)
Public Records. Everything that comes out of this Board and prepared for
this Board is public record, i.e. tapes, discs, notes, and any documents as
long as it pertains to the business of the Board.
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Attorney Pawelczyk noted that there was a large court case involving e-mail that dealt
with public records. This includes any e-mail to and from staff if it relates to government
matters and duties of being a Board member. The e-mail case involved employees
that were conversing back and forth on a personal level. The court determined this not
to be public record because it did not deal with public business, even though they were
using government computers. Board members can turn their notes into the Clerk's
Office who has to maintain them. There are civil and criminal penalties associated with
this law as well.
(3)
The Code of Ethics is in Chapter 112 of the Florida Statutes and pertains to
all public officers. Advisory Board members are considered public officers.
That includes any person who is elected or appointed to hold office to any
agency, including any person serving on an advisory body.
Attorney Pawelczyk included in his handout some of the statutes dealing with voting
conflicts. He explained that each Board member is required to vote on every single
matter that comes before the Board, whether the member likes it or not. The only time a
Board member cannot vote is if there is a voting conflict. A voting conflict is when a
member may stand to gain or lose financially. This also would include a spouse, a close
relative, such as a child, and grandchildren through grandparents.
If a Board member has a question on whether something may be a conflict, they should
consult the City Attorney. If it is determined that a Board member has a voting conflict,
and that Board member must file a Memorandum of Voting Conflict (Form 8B) after
abstaining from voting. These forms are available in the City Clerk's Office.
Other issues within the Code of Ethics include the solicitation and acceptance of gifts.
Generally, the gift rule is $25. However, the appearance of impropriety should always
be kept in mind, even if it was allowed by law. Attorney Pawelczyk pointed out that if a
person is in doubt about an issue, they should disclose it. Doing business with a
particular agency could be a conflict and if a member thinks there is a conflict, they
should contact the City Attorney's Office or their own attorney.
Chairman Washam thanked Attorney Pawelczyk for a fine presentation.
IV. December 10, 2003 Minutes Approval
Motion
Mr. Solomon moved to approve the minutes. Motion seconded by Vice Chair Noe and
unanimously carried.
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Boynton Beach, FL
January 14, 2004
V. Agenda Approval
Vice Chair Noe requested to add an item to discuss the bond issue that was voted down
for City improvements. Chairman Washam stated that this item would be added under
New Business as Item 5.
Mr. Miller requested to say a few words as a new member. Chairman Washam noted
that this would be taken care of after the agenda items were addressed.
Motion
Mr. Solomon moved to accept the agenda, as amended. Motion seconded by Mr. Miller
and unanimously carried.
VI. Correspondence and Announcements
Ms. Kupperman announced that the 11th Annual Love of Literacy Luncheon is
scheduled for March 12, 2004 at the Kravis Center at 12 noon. The Luncheon is a
fundraiser for adult literacy's hotline that helps everyone in the community. Guest
speaker is Levar Burton and tickets are $85. Ms. Kupperman thought that it would be
good to have some representation from the Board at the luncheon.
Mr. Solomon announced that representatives from PATCH were on his radio show for
an entire hour the week before Christmas. Mr. Brian Edwards of PATCH informed Mr.
Solomon that he thought Sister Lorraine received some phone calls as a result of this.
Ms. Girtman announced that Quintus Greene, the Director of Development for the City,
would be speaking at St. Paul AME Church on Friends and Family Day scheduled for
January 25th at 11:00 a.m. The Church is located at 315 NE 10th Avenue (MLK
Boulevard). Mr. Greene will be speaking on what is happening in this area. Ms. Girtman
invited everyone to attend.
VII. Old Business
1. PATCH Activities Update
Mr. DeCarlo reported that good progress has been made. As reported at the last
meeting, PATCH met with Assistant City Manager Wilfred Hawkins and at that meeting
it was suggested that the Hester Center could be used as a site for the trailer that
Bethesda Hospital wants to contribute to PATCH. It was felt that this would be a good
place for the trailer because of its location. Mr. DeCarlo will be preparing a cost analysis
and budget and when it is ready, it will be presented to the PATCH Committee. It would
be beneficial to have the trailer located at the Hester Center since most of the people
using those services reside in this area. No final decision has been made and Mr.
DeCarlo will keep the Board updated.
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Community Relations Board
Boynton Beach, FL
January 14, 2004
The major issues at this point would be the overall budget to move the trailer, getting it
set up at the Hester Center, and finding the funds for the ongoing operating expenses.
The trailer would be available to the City during the week for activities, since PATCH
would only be using it on weekends.
PATCH Meeting Invitation:
January 21, 2004 at 7:00 p.m.
Treasure Chest Early Learning Center
101 NE 5th Avenue, Boynton Beach
Mr. DeCarlo invited Board members to the next scheduled PATCH meeting at the
Treasure Chest Early Learning Center. Mr. DeCarlo thought that this would be a good
opportunity for a joint meeting with the Board and PATCH. It is anticipated that at this
meeting, it will be discussed what this building will mean to PATCH in order to provide
the necessary health services to the community.
VIII. New Business
1. What are CRB future goals
Chairman Washam felt that the Board was heading in a new direction. This would be a
good time to decide what the Board wants to do in the future to become effective in
serving the people in the community, as well as the City Commission. Chairman
Washam asked Board members for their input.
Ms. Williams noted that the new brochure included "Conflict Resolution" and she asked
what this pertained to. Chairman Washam responded that this would be discussed
when the brochure is discussed. Also, Ms. Williams noted that the S*T*A*R Program
has not been done for the past few years. Chairman Washam explained that these two
items were things that the Board accomplished and does not necessarily represent what
it is continuing to do. Ms. Williams, however, was in favor of continuing the student job
fair because there are always new students looking for jobs.
Mr. Miller, as a new member on the Board, was looking forward to serving on the Board
and to work as a team to make Boynton Beach the most desirable city in South Florida.
Mr. Miller gave a brief presentation of his background. Beautification of Boynton Beach
is one of his endeavors, and he noted that in April the Great American Clean-up takes
place throughout the County. He has volunteered for the Program, along with Mr.
DeCarlo, for several years, and he would like the Board to also participate in the
Program. He would like to see more volunteers participating throughout the
neighborhoods in order to create pride in Boynton Beach.
Vice Chair Noe mentioned that she would like the Board to become involved in a
literacy project not only for children, but for adults as well.
Mr. Solomon would like the residents to know that there is a Community Relations
Board that is available to them, and he would like to see the Board receive more
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Boynton Beach, FL
January 14, 2004
publicity. He mentioned that the Boynton Beach Chamber of Commerce has a monthly
newspaper and the Community Redevelopment Agency always has their meetings
posted in that paper. Mr. Solomon would like this Board's meetings listed in the
Chamber's paper as well.
Ms. Kupperman pointed out that at one time Boynton Beach had the highest adult
illiteracy rating in the County. She thinks that this has changed, but Ms. Kupperman felt
that educating adults by providing literacy classes, as well as English as a second
language, is a very important goal.
Ms. Kupperman would also like the Board to come up with a signature event, such as
an essay contest for students in the community with the subject matter being conflict
resolution. The essay could illustrate how they resolved a conflict in a peaceful way.
She also would like the Board to offer some prizes, if possible. Ms. Kupperman feels
that the Community Relations Board is about conflict resolution dating back to the
original goals of the board, when it dealt with race relations.
Vice Chair Noe added that PATCH is also interested in this and she felt that PATCH
would like to participate as well.
Ms. Girtman referred to the Albury family that has been providing food to the homeless
in the City for many years. Many of the Albury elders are not well and are unable to
serve the people. The other family members are trying to keep the program going, but
they need help. Ms. Girtman would like this Board to help out in some way. The home is
located on NE 13th Avenue and 1st Street and they are looking for people to help serve
the meals. Chairman Washam requested that Mr. DeCarlo look into this, and Mr.
DeCarlo said that he would.
Chairman Washam stated that he has always wanted to hold a premier book festival in
Boynton Beach, and he spoke with Virginia Farace, the Library Director today on this
subject. Even though this would involve a lot of work, he asked if there were any Board
members that would like to help him get this off the ground, together with the Education
Advisory Board. He felt that this would tie in nicely with the literacy programs and essay
contests, as well as with the Library project. By the time the new Library is ready, they
may have a book festival in place.
Ms. Kupperman also suggested having an awards program that recognizes people and
businesses that have done positive things in the community. They could be presented
with plaques at a Board meeting. Vice Chair Noe recommended having people
nominate people that could get the program going.
Mr. DeCarlo recommended that the Board become more involved with the Great
American Clean-up this Spring, since this is a community-wide event involving
neighborhoods. This Board could take the lead, which would be very good publicity for
the Board. Chairman Washam pointed out that Board members in the past have
participated individually, but they have never participated as an organized group.
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Community Relations Board
Boynton Beach, FL
January14,2004
Mr. DeCarlo thought that conflict resolution could be tied in with Youth-in-Government
Day by expanding the program and giving the students a focus in addition to the
scheduled events. Chairman Washam pointed out that this year's Youth-In-Government
Day would be the thirty-first in the City. Mr. DeCarlo thought that the ideas presented
tonight were very good and would bring more awareness of the Board to the youth and
residents of the City.
Ms. Kupperman announced that One Book-One Community will be making its debut on
January 26th. The book has been selected and information will be released at a press
conference scheduled at the City Library. Boynton Beach could be the first City to do a
discussion on the book, and Ms. Kupperman recommended inviting someone to
facilitate the discussion. This would be good publicity for the Board and the City.
2. Community Relations Board Brochure
Mr. DeCarlo stated that from a staff standpoint the brochure is complete. The brochure
can be changed at any time and after the Board settles on its priorities for the year, the
brochure could be updated. Ms. Kupperman had a few corrections that she will provide
directly to Mr. DeCarlo.
Chairman Washam recommended that the brochure be kept on next month's agenda so
that after the members review it, changes could be made and the brochure could then
be adopted.
Ms. Kupperman noted that last year she attended Palm Beach County Day in
Tallahassee and inquired if anyone on the Board would be attending. She thought it
would be a good idea if representatives from the City attended. Mr. DeCarlo said that he
would speak with City Manager Bressner to inform him that there are some Board
members that would like to participate. Mr. Miller said that he would also like to
participate.
3. Holiday Parade - Neighborhoods Float Contest
Mr. DeCarlo recommended that this item be removed from the agenda and readdressed
in August or September. This item dealt with having various neighborhoods build floats
and participate in the Holiday Parade. Mr. DeCado said that a mailing to the
neighborhoods could be sent out inviting them to participate in various activities
throughout the City and inform them of the activities being considered in order to
determine if there is any interest.
4. CRB Meetings held in Different Neighborhoods
Chairman Washam noted that the Board had previously held meetings in various
neighborhoods, and he thinks this is an excellent idea. He would like the Board to move
ahead with this as soon as possible. He requested that this item remain on the agenda.
Meeting Minutes
Community Relations Board
Boynton Beach, FL
January14,2004
In response to a question posed by Mr. Miller, Chairman Washam explained that the
main function of the Community Relations Board is to advise the City Commission,
which is the responsibility of most boards. The Board helps build bridges between
sections of the community and the City and is an integral part of the community.
Vice Chair Noe recommended that when the Board does go out into the community, it
would be wise to have some advance press. Mr. DeCarlo stated that his office could
prepare a letter from this Board asking various communities if they would consider
hosting a Board meeting.
Ms. Girtman mentioned the upcoming Martin Luther King Dinner and Mr. DeCarlo
pointed out that the dinner is scheduled for Sunday, January 18, 2004 at the Holiday Inn
Catalina at 6:00 p.m. and tickets are $30.
Chairman Washam welcomed Brian Miller to the Board.
Chairman VVasham left the meeting and Vice Chair Noe assumed the chairmanship.
Vice Chair Noe pointed out that there was a recent article in the Palm Beach Post on
Wednesday, January 7th dealing with the bond issue that was voted down. The article
pointed out that the City now has $20 million that they can use for these projects and it
mentioned that there would be a public service tax imposed upon the residents. Vice
Chair Noe stated that the residents voted down the referendum because they did not
want a tax hike, and asked why there would be another tax hike imposed. She
requested that Mr. DeCarlo bring back a report on where this money is coming from and
what is a public service tax. Mr. DeCarlo stated that he would supply this information to
the members prior to the next meeting.
Mr. Miller requested that an item on the Great-American-Clean-up be added to next
month's agenda.
IX. Adjournment
There being no further business, the meeting propedy adjourned at 8:30 p.m.
Respectfully submitted,
Barbara M. Madden
Recording Secretary
(January 15,2004)
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