Minutes 02-02-04MINUTES OF THE SENIOR ADVISORY BOARD MEETING HELD AT THE SENIOR
CENTER, 1021 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA,
ON MONDAY, FEBRUARY 2, 2004 AT 3:00 P.M.
Present
Jeanne Hasty, Chair
Lillian Bruzzese
Denise Chamberlain
Elizabeth Jenkins
Joan White
Christine Wilson
Rose Love, Alternate
Betty Spinelli, Alternate
Assistant City Attorney, David Tolces
Steve Lulkin, Recreation Supervisor
Absent
Olive Field
1. Call to Order
Chair Hasty called the meeting to order at 3:00 p.m. and welcomed Ms. Margaret
Murphy, the liaison from the Recreation & Parks Board.
2. Roll Call
The Recording Secretary called the roll and declared that a quorum was present.
3. Pledge of Allegiance
The members recited the Pledge of Allegiance to the Flag.
4. Approval of Agenda
Chair Hasty stated that the agenda was the usual one and no one made any changes.
5. Approval of Minutes, January 5, 2004
The minutes were approved as written.
6. Chair Comments
Chair Hasty reported that her term as Chairperson was coming to an end in March, so
this would be her last meeting. Since she was moving up north in May, she would not
be reapplying. She stated that Ms. Chamberlain offered to serve as Chairperson if no
Meeting Minutes
Senior Advisory Board
Boynton Beach, Florida
February 2, 2004
one else wished to do so. Ms. Jenkins had previously expressed willingness to serve
as Vice Chair, but advised Chair Hasty that this would no longer be possible. Chair
Hasty reminded all the Board members whose terms were expiring in April that they
must reapply (Denise Chamberlain, Elizabeth Jenkins, Rose Love (Alt.) and Betty
Spinelli (Alt.) if they wished to continue to serve on the Board. Chair Hasty believes that
Ms. Field plans to submit a letter of resignation. The Board discussed doing the
nominations for Chair and Vice Chair at this meeting and voting at the April meeting and
then decided to defer the nominations until the end of the meeting.
Chair Hasty thanked everyone for the cooperation they had shown during her two years
as Board Chairperson.
Chair Hasty advised that she had gotten a lot of information from Palm Tran about bus
transportation for the seniors and the disabled and she would give it to Ms. Chamberlain
at the end of the meeting. They have a good service with a $5.00 round trip if a person
is under the age of 80 and free if a person is over 80.
Chair Hasty and Ms. Brenda Burbank spoke at the Leisureville AARP meeting regarding
the bus and the senior center and they were warmly received. Unfortunately, no
volunteers for the Shopper Hopper came forward to volunteer their assistance.
Chair Hasty commended the City's wonderful bus drivers, who were kind, considerate,
and always do a great deal over and above the call of duty. They are patient and
helpful.
7. New Business
City Attorney Presentation - Sunshine Law
Assistant City Attorney, David Tolces, explained that the City Attorney had requested
that all the City Boards be provided with updates on three areas of Florida law dealing
with Boards as follows:
(1) the Sunshine Law; (2) the Public Records Law; and (3) the Code of Ethics. Prior to
Attorney Tolces beginning his presentation, he distributed a copy of pertinent provisions
of the Florida Statutes.
The Sunshine Law provides that all public meetings and records be open to the public.
Attorney Tolces explained that the Recreation & Park Board is a public body of the City
of Boynton Beach. Therefore, the provisions of Section 286.011 of the Florida Statutes
govern this Board. This statute provides access for the citizens to their government.
This applies to any meeting or gathering of any two or more members of the same
board to discuss a matter that would deal with any action that might come before the
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February 2, 2004
Board that required some kind of action. The members will make decisions based on
the information presented to them and not on any outside influences.
Meetings must be noticed publicly and minutes must be taken. The Recreation & Park
Board meetings are noticed by the City Clerk's Office and that office provides the
Recording Secretary to take the minutes of the meeting. Two or members are
discouraged from discussing any Board issues among themselves. If two or more Board
members discuss anything among themselves outside of the meeting, they could be
found to be in violation of the Sunshine Laws. The law provides for certain non-criminal
penalties to be imposed up to $500 and under some circumstances, criminal penalties
could be imposed as a misdemeanor. Attorney Tolces also noted that the law provides
that all minutes of the meeting are to be available for public inspection. Sometimes
written communication among Board members, including E-mail, could also be
considered a violation of the Sunshine Law.
All meetings must be open to the public, with the doors open, and anybody can
come in. The Board is prohibited from meeting in a private place where access
has to be secured from a security guard to enter.
· Reasonable notice is at least 24 hours, but normally 72 hours or more is
provided.
· Minutes must be available to the public for review at anytime.
The Public Records Law is covered in Section 119.011(1) of the Florida Statutes.
Section 1 .A. states that all public records are open and available to the public unless an
exemption is provided. Anything that Board members see and possess as it relates to
the functions, duties and actions of this Board is considered a public record and must be
made available to the public for inspection. Therefore, all the information in the agenda
packet or any correspondence or letters received regarding any issues is public record.
If any Board member receives any kind of communication from anyone associated with
a matter that would be coming before the Board, this is also public record and should be
forwarded to the Board Liaison for distribution to the other Board members. A copy must
be given to the City Clerk's office as well, who will maintain the information in
accordance with the records management laws of the State. Attorney Tolces remarked
that the notes taken by Board members during a meeting were also considered public
record and would have to be produced if requested.
All requests for public records should be submitted to the City Clerk's Office. That office
will contact the appropriate department or individual to ensure that the request is
responded to in a timely manner. There are also potential civil and criminal penalties for
not complying with the Public Records Act. If a person files suit against the City for
failure to produce public records and the court finds that the City did violate the Public
Records Act, the City would be liable for the attorney fees for that individual.
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February 2, 2004
Ethics In Government is covered in Chapter 112 of the State of Florida Statutes that
deals with the Board's obligation to vote as a member of a public body.
Section112.3143 provides in detail the Board's obligation on voting unless a member
has a conflict. A conflict usually occurs when a Board member would personally gain or
lose financially, or a relative, family member, business partner, or associate would also
stand to gain or lose financially from a matter before the Board. This is the only time a
member may abstain from voting. Forms are provided by the City Clerk's Office that
must be completed and filed when a member abstains from voting and the reason for
abstaining must be listed. The forms must be completed within fifteen days of the vote.
The reason for the Code of Ethics is to avoid any appearance of impropriety. If any
Board member has any question on whether they should vote on a matter because of a
potential conflict, they should contact the City Attorney's Office. Because the City
Attorney's Office represents the City and the Boards, but not the individual members of
the Boards, if any member feels that they may have done something, contrary to the
City Attorney's advice, it would be beneficial to obtain their own attorney in those
instances.
Attorney Tolces explained that the City Attorney's office is always available to answer
any questions and can be contacted at 561-742-6050.
Attorney Tolces gave practical examples of some of the points in his presentation,
saying that a Board member could call another Board member and ask if they were
going to the meeting, but could not ask that person how they planned to vote on a
certain issue before the Board. If the Board members refrain from discussing Board
business outside the confines of the Board meeting, they can avoid trouble and any
appearance of impropriety. Also, A person cannot be used as a conduit to get
information to another Board member. For example, you cannot ask Steve Lulkin to call
another Board member to see how they are going to vote on an issue and provide you
with that information.
Attorney Tolces advised that a Board member could speak with anyone else who was
not on the Board about any issue that had or would be coming before the Board.
Chair Hasty offered an example of where she might call a Board member and ask if she
would be interested in running for Chair or Vice Chair. Attorney Tolces stated that this
would be all right as long as she did not call them and say, "If you run for Chair, I will
vote for you."
Attorney Tolces reminded the Board members that if they had agenda packets, each
Board member had to receive exactly the same information. If there is something that
would be of interest to the entire Board, a Board member could ask the City Clerk's
office to copy that and forward it to the Board Liaison for distribution at the Board's next
meeting, for example.
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Boynton Beach, Florida
February 2, 2004
Attorney Tolces said that agendas had to be available in a reasonable amount of time
before a planned meeting. The City Clerk's office posts the notice of the meetings in the
lobby of City Hall.
Chair Hasty and the Board members thanked Attorney Tolces for his very informative
presentation.
Board Nominations
Motion
A motion was made to have nominations for Chair and Vice Chair at this meeting. The
motion was seconded by Ms. Jenkins and passed unanimously.
Ms. Bruzzese nominated Denise Chamberlain for Chair. Ms. White seconded the
nomination. Chair Hasty asked Ms. Chamberlain if she would be willing to accept the
position of Chair, and Ms. Chamberlain responded affirmatively.
Ms. Jenkins nominated Rose Love for Vice Chair. Ms. Chamberlain seconded the
nomination. Since Ms. Love is an Alternate Board member, the nomination was
withdrawn. It was mentioned that if Ms. Love reapplies and is appointed for another
term, the Commission might very well appoint her as a regular Board member. Also, if
Ms. Field does not reapply and since Chair Hasty will not be reapplying, the
Commission will have to appoint two new regular Board members.
In lioht of Chair Hasty's term endinq on March 31 and her announcement that sh~-
was leaving the area and would not reapply, the Board unanimously decided
hold the election for Chair today and to defer the election for Vice Chair until th~
April meeting. The Chair will be Denise Chamberlain, by unanimous acclamation,
and she will assume the office as of April 1, 2004 (assuming that Ms. Chamberlain
applies and is reappointed to the Board.)
A question arose as to whether Board members on this Board had to be 55 years of age
or over, but when Ms. Chamberlain checked the Board's Ordinance, she determined
that there was no mention made of age. Several people felt that being age 55 or over
was important and should be a requirement for serving on the Senior Advisory Board.
8. Old Business
The Board has been discussing identifying homebound seniors who might be in need of
transportation and other senior services and unaware of the services provided. The
Shopper Hopper is available for people who are mobile. This project seeks to identify
those seniors who are not as mobile and who might be in need of transportation or other
services for seniors. For example, Mae Volen provides transportation and food services
in South Palm Beach County extending northwards to Hypoluxo Road, and many
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February 2, 2004
people are probably unaware of that. Determining the number of people who need
transportation and other services would also assist in a grant application for the
purchase of a bus for Boynton Beach's seniors. Enlisting the aid of the key contacts at
rental complexes and homeowners' associations to post the notice of the Open House
will also help to identify seniors who are in need of more information about the services
that are available to them.
The Senior Advisory Board is working on this in four phases: 1) Preparing a packet of
information to be distributed to block captains or homeowners' association presidents or
management companies at a forum to be held at the Senior Center; 2) Notifying the
block captains/homeowners' association presidents of this meeting through the water
bill; 3) Compiling the results and determining the number of homebound seniors in need
of transportation and services; 4) Applying for a grant to purchase a bus to use for
transporting seniors to and from medical appointments.
The Board will hold an Open House at the Senior Center where they will present all the
information that is available about transportation and other services for seniors through
the Senior Center or elsewhere in the City/County. They hope that this will help to give
staff a better idea of how many seniors are homebound and in need of senior services.
It was originally planned for June, but the Board is now considering January 2005. This
meeting might be held at a place like the Civic Center.
In reference to the Open House meeting notice on the water bills, it was noted that
many rental complexes only receive one utility bill and the residents do not ever see a
water bill. Ms. Chamberlain stated that they were trying to reach seniors who were not
living in big developments such as Leisureville, because she believed that most
developments of this type had some kind of arrangement to take care of "their own."
Others felt that this would be leaving a lot of people out since not all developments did
this. Mr. Lulkin stated that doing flyers was still an option. The Board thought that the
people who actually receive the water bills should be asked to pass the information
along to the individual homeowners through their individual newsletters.
Mr. Lulkin will determine when and if the information can be put on the water bills. He
will also get a list of all associations and rentals in the City and provide it to Ms.
Chamberlain by the Board's next meeting on April 5. The members will participate by
selecting approximately twenty associations/rentals to call to ask them to put an
invitation to the Open House in their newsletters or post if they did not have newsletters.
Ms. Chamberlain suggested that she work with Mr. Lulkin to come up with a form letter
for the water bills and one to go to all the associations/rentals who only get one bill. The
letter to the associations and rentals would say something like, "We would like you to
put this notice for the Open House in your newsletter." The Board can discuss and
confirm the letter at its April meeting. Once they see the list and divide it up, they can
continue to work on this at the June meeting.
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Boynton Beach, Florida
February 2, 2004
Chair Hasty provided a homeowners' association list with key contact persons, which
meant that all that was needed was information on the rental complexes.
The flyer idea was raised again, since it would eliminate the postage for letters. Another
idea surfaced of just putting a notice on the water bill for the general population and
then adding a special note to the people who were receiving a water bill for a whole
complex asking them to either put the information in their newsletter or post it. This
would save on postage costs. The idea of having a flyer attachment to the water bill
was also broached.
Ms. Jenkins asked about the possibility of the Board members being supplied with
permanent nametags that they could wear.
8. Next Meeting
The next meeting will be on April 5 at the Senior Center.
9. Adjournment
Since there was no further business before the Board, the meeting was duly adjourned
at 4:15 p.m.
Respectfully submitted,
Susan Collins
Recording Secretary
(020404)