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Minutes 11-01-99 MINUTES OF THE SENIOR ADVISORY BOARD MEETING HELD AT THE SENIOR CENTER, BOYNTON BEACH, FLORIDA ON MONDAY, NOVEMBER 1, 1999 AT 3:30 P.M. PRESENT Betty Collins, Chairwoman Mike Cirullo, Assistant City Attorney Amelia “Terry” Benell Mary Coma Olive Field Bernice Joyce Esther “Peggy” Stranahan Elizabeth Jenkins, Alternate Helen Schwartzenberg, Alternate ABSENT Christine Wilson 1. PLEDGE OF ALLEGIANCE Chairwoman Collins called the Senior Advisory Board meeting to order and led the Pledge of Allegiance to the Flag. A moment of silent prayer for all seniors in the City was observed. 2. ROLL CALL The Recording Secretary called the roll. All members were present with the exception of Christine Wilson. Chairwoman Collins introduced Assistant City Attorney Mike Cirullo. Attorney Cirullo advised that he was asked to address the board with respect to legal obligations of the board. Attorney Cirullo provided the following overview of the Sunshine Law, Public Records, Voting, Conflicts of Interest and Gifts: ? Sunshine Law – Florida is an open-government state. Everything is open. Meetings are publicized, agendas are posted, and everyone is welcome to attend the meeting. It is important to remember that the reason for open government is to permit people to know the basis for a decision. Talking with another board member outside of a meeting about an item that may potentially come before the board is not permitted. Anything related to business that might come before the board must be discussed at the meeting, on the record and in the open. Attorney Cirullo explained that this law did not prohibit socializing. However, anything that might come before the board should only be discussed at the meeting. 1 MEETING MINUTES SENIOR ADVISORY BOARD BOYNTON BEACH, FLORIDA NOVEMBER 1, 1999 The meetings are recorded and minutes are provided so that there is a record of the proceedings that could be referred to after the meeting has concluded. “Shade” sessions are held, but they do not apply to this advisory board. A shade session allows the elected officials to meet outside of the public arena to discuss litigation. These “shade” sessions are only temporarily behind closed doors. Shade sessions must be recorded, transcribed and they must be noticed. At the end of the case, the minutes “come out of the shade” and become public record. These issues must be taken very seriously. It is a second-degree misdemeanor to violate the Sunshine Law in the State of Florida. If it is determined that there were conversations outside a meeting that affected the decision, the action of the board could be invalidated and subject the board, the City and even the individual members to litigation. Chairwoman Collins reported that during a presentation to the City Commission, board ? members shared information. Attorney Cirullo explained that if more than one member is present at a public meeting and speaks on the same issue, it would be considered a viewpoint. However, this public forum should not be an opportunity to negotiate. The planning of a presentation should be done at an open meeting. There should not be any extraneous conversation. Ms. Stranahan said she wrote a letter to the Mayor and Interim City Manager. A few weeks ? later, everything she indicated in the letter was printed in the newspaper. Ms. Stranahan was upset when she read it and she learned that anything that goes to the Mayor is public record. Attorney Cirullo confirmed this to be true. He further explained that this does not apply to only the Mayor. Any documentation generated by the board or given to the board is public record. Any documents that are generated by any board, or that are in the possession of the City, are public records. It is important to remember this when generating correspondence to the City. Is it permissible for a member who misses a meeting to call another member to find out ? what took place at the meeting? Attorney Cirullo recommended that the member contact the Recording Secretary to secure a copy of the minutes or a copy of the tape. Other members of the board should not be contacted. ? Public Records - Attorney Cirullo read the following from the Statutes: “A public record means all documents, papers, letters, maps, books, tapes, photographs, film, sound recordings, data processing software and other material regardless of physical form, characteristics or means of transmission made or in connection with the transaction of official business by any agency.” Attorney Cirullo added that this definition includes e-mail. Chairwoman Collins asked if the notice of the meeting must be publicized? ? 2 MEETING MINUTES SENIOR ADVISORY BOARD BOYNTON BEACH, FLORIDA NOVEMBER 1, 1999 Attorney Cirullo advised that the notices are posted. He also advised the members to contact the Attorney’s Office if there is ever a question regarding whether or not a document might be exempt. Generally, the only documentation that would be exempt would involve litigation, criminal investigation, and the names of victims. The City is under obligation to retain records and respond to public record requests within a reasonable period of time. The City is permitted to charge the public for copying of documents and extraordinary expenses involved in research of public records. Since the City has a monopoly on the public records, they must be as “open” as possible. The Recording Secretary requested that Attorney Cirullo explain the difference between ? holding a workshop meeting and a regular meeting. Attorney Cirullo explained that a workshop meeting is a roundtable discussion on projects with no votes involved. A workshop is a focussed conversation and the public is not limited to three minutes of public comment. No formal votes are taken at a workshop meeting. The formal action would take place at the next regular meeting. Attorney Cirullo reminded the board members that workshop meetings are open to the public in a place that is accessible. The workshop meeting should be recorded so that it is available for public inspection. The Recording Secretary asked if workshop meetings should be noticed. ? Attorney Cirullo advised that workshop meetings should be noticed. Attorney Cirullo reminded the members that if meetings are conducted in places other than City facilities, those locations must be open to everyone. ? Voting and Gifts – Attorney Cirullo advised voting members to “vote on everything”. In general, if an item comes before the board, the voting members must vote. Attorney Cirullo said he is often asked: “How can I vote on the minutes if I wasn’t at the last meeting?” The member still must vote to approve the form of the minutes or vote no on the approval of the minutes. The Statutes provide for an exception that refers to “special private gain or loss” to the member or the member’s relatives or business. That special private gain or loss would be money. If an individual who comes before the board would bring the board member, a family member or business an individual gain or loss, the board member cannot vote. That board member must declare that “conflict” during the meeting and abstain from voting. Within 15 days of that meeting, the member must file a written “Memorandum of Voting Conflict”. This is a letter to the chair that provides a public record explaining why the member did not vote. This rule applies to all municipal boards. Attorney Cirullo said he is often asked if there were any reasons other than monetary gain that would prevent a member from voting. He advised that even though there may be occasions when a member may not want to vote, it is the member’s responsibility to vote. It is a punishable crime for a member not to vote. Attorney Cirullo recommended that members contact the City Attorney’s Office for advice if an item arises on an agenda that is questionable to the member. 3 MEETING MINUTES SENIOR ADVISORY BOARD BOYNTON BEACH, FLORIDA NOVEMBER 1, 1999 With respect to gifts, Attorney Cirullo recommended that board members not accept them. He explained that gifts are generally given for the purpose of swaying a decision. Gifts can include free meals, free transportation, preferred rates on loans, a forgiven debt and even flowers. Anything that might influence a vote should be considered a gift. Questions & Answers Ms. Stranahan said the board members are concerned about their advisory board capacity ? since they began working with Recreation & Parks on the Senior Center. Some of the board members’ suggestions were not fulfilled and the City department moved forward with things the board is not happy about. Some of the members approached the City Commission with a request to change the Senior Advisory Board to a Senior Board for the Senior Center. Nothing has materialized from that request. Chairwoman Collins acknowledged that the Senior Advisory Board is responsible to the City Commission – not to any City department. The Senior Advisory Board was appointed by the City Commission and must answer to them. It is Chairwoman Collins’ opinion that the board’s chain of command is the City Commission. Attorney Cirullo confirmed that the Senior Advisory Board should make recommendations to the City Commission. The City Commission would then direct policy. Ms. Stranahan questioned whether or not the Senior Advisory Board could continue to ? pursue this issue even though a presentation was already made to the City Commission. Attorney Cirullo said there is no prohibition on pursuing an issue the board feels is important. The board could agree and vote on preparation of a Resolution to be forwarded to the Commission, write individual letters to the Commission, meet individually with Commissioners and/or attend City Commission meetings to speak on an issue. Ms. Stranahan pointed out that the Senior Advisory Board receives minutes from the ? Advisory Board on Children & Youth. That board has a budget. Ms. Stranahan said she did not realize that an advisory board was in a position of having a budget and had the ability to dole out money. She expressed concern about this issue. Attorney Cirullo explained that he is not familiar with the workings of the Advisory Board on Children & Youth, but felt that perhaps a policy decision was made to allow the board to have funds. He suggested that if this was a concern for the Senior Advisory Board, the issue should be addressed at a regular meeting and a recommendation should be formulated for submission to the City Commission. Attorney Cirullo confirmed for one of the members that it would be appropriate for her to ? individually discuss a Senior Advisory Board issue with a City Commissioner. However, he reminded the members that they may not discuss the issue with each other outside of a meeting. 4 MEETING MINUTES SENIOR ADVISORY BOARD BOYNTON BEACH, FLORIDA NOVEMBER 1, 1999 Chairwoman Collins asked if the members would be permitted to say “off the record” at any ? time during a meeting. Attorney Cirullo responded that even if the members say “off the record”, it is on the record. He pointed out that the Recording Secretary couldn’t be asked to turn off the recorder to allow the members to talk in private. All of the board’s business is public record. At this point in the meeting, Ms. Schwartzenberg arrived for the meeting and was advised to contact the City Attorney’s Office if she had any questions with respect to the discussion that had already taken place. Mrs. Jenkins questioned how the City Commissioners are able to vote at meetings and come ? up with so many 5-0 votes? Attorney Cirullo explained that Commissioners are brought up to speed on business prior to Commission meetings through memorandums as well as one-on-one meetings with the City Manager and/or City Attorney. Each of the meetings is isolated. The opinions discussed at one meeting are not conveyed at the next meeting. These one-on-one meetings and the memorandums help the City Commissioners formulate their votes. The Recording Secretary asked Attorney Cirullo for his definition of recording a meeting. ? She specifically wanted an opinion with respect to boards that direct her to record the meeting in shorthand only and not tape the meeting. Attorney Cirullo said everything should be tape-recorded. Only “shade” sessions are not taped. However, a court reporter is present at those “shade” sessions and provides a verbatim transcript. The Recording Secretary suggested that the City Attorney circulate a memorandum to all of the board chairpersons advising them that their meetings must be taped. Attorney Cirullo said he would look into this and suggested that the Recording Secretary contact him to discuss specifics. Chairwoman Collins felt this presentation was very enlightening. One of the members recommended that this type of orientation be presented to all board members at one time once a year. Chairwoman Collins pointed out that many times the Senior Advisory Board does not have a City liaison. Even though there may be questions from the members, there is no one present to answer those questions. Attorney Cirullo recommended that Chairwoman Collins speak either with the City Manager’s Office or the City Commissioners about having someone attend the meetings. One of the members asked if the Mayor had the right to change the City Commission ? agenda once it is finalized and published. Attorney Cirullo advised that if changing the agenda affects someone’s life, then the agenda cannot be changed. However, items get tabled, stricken and pulled during the regular course of business. It is not always possible to add items to the agenda because of notice requirements. 5 MEETING MINUTES SENIOR ADVISORY BOARD BOYNTON BEACH, FLORIDA NOVEMBER 1, 1999 Chairwoman Collins thanked Attorney Cirullo for his presentation. Attorney Cirullo reminded the members to contact the City Attorney’s Office with any future questions on the issues discussed. 3. APPROVAL OF AGENDA The agenda was accepted as presented. Chairwoman Collins announced that Mr. Ackermann left the City. There was consensus of the board that she send a letter to the City Manager requesting that a City Liaison be appointed to the Senior Advisory Board. 4. APPROVAL OF MINUTES – MAY 1999 Approval of the May minutes was not addressed at this meeting. 5. CITY ATTORNEY The City Attorney’s presentation was made earlier in the meeting. 6. CHAIRWOMAN’S REPORT No report 7. BOARD LIAISON REPORT None 8. REPORT ON SENIOR CENTER There was discussion among the members about the number of people who have been attending the Senior Center. When the question was raised with respect to whether or not there had been a charge for line dancing, Chairwoman Collins was advised that there was no charge for that event. However, there was a fee for the Halloween Dance. Chairwoman Collins noted that the Halloween Dance was not advertised. She recommended that future events such as this be publicized in the Boynton Times. Ms. Stranahan read from a flyer that stated the Senior Center was open to all and programs are free. For programs that include a fee, City residents are charged a reduced fee and all others pay the regular rate. Ms. Stranahan said her assumption was that the programs offered at the Senior Center were going to be free and volunteers would lead programs such as exercising. There are plans to offer a Yoga class at a cost of $30. Ms. Stranahan feels that charging for these programs is like having a business in this Center. Piano lessons will be offered and it has not yet been determined whether or not there will be a charge. Chairwoman Collins pointed out that if the program is offered by Senior Net, a fee would be charged. In Chairwoman Collins’ opinion, the Senior Center should be open all day 6 MEETING MINUTES SENIOR ADVISORY BOARD BOYNTON BEACH, FLORIDA NOVEMBER 1, 1999 with activities that include board games, pool and cards. There will be special programs for seniors that should be off in a separate portion of the facility so that they do not interfere with the regular activities. Chairwoman Collins feels a Halloween party in a Senior Center should be free. She also recommends having once-a-month birthday parties free of charge. If a program is offered where a fee is charged, the people offering the program should pay to use the facility. That money could be put into a budget. Chairwoman Collins said she requested that Steve and Carolyn attend this meeting. Carolyn was unable to attend because she was manning the desk. Ms. Stranahan pointed out that a volunteer could be used to man the desk and answer the phone. Chairwoman Collins recommended that the board move forward with requesting that a Board Liaison be appointed to the Senior Advisory Board. Consensus There was a consensus of the board to hold a workshop meeting before the next regular meeting. During that meeting, the board would develop a list of questions that will be submitted to the City. Chairwoman Collins said she had the following questions about bingo: 1. How is the bingo operated? 2. What prizes are being offered? 3. Is there a charge for bingo? Chairwoman Collins said she also had questions about the volunteers. The board has bags that need to be sold by volunteers. 9. VOLUNTEERS No report 10. NEW BUSINESS Needs of the Elderly Chairwoman Collins pointed out that all of the senior centers she has been involved with have a Food Bank and provide assistance. She explained that there are many seniors in this community who are lonely and have no one to visit them. She would like the board to start a program such as “Helping Hands” that would reach the seniors of the City who are unable to visit the Senior Center. “Meals on Wheels” does not operate in the City of Boynton Beach. One program from Fort Lauderdale that costs approximately $40 per week will deliver frozen food for a one-week period. This program is not sufficient because some seniors do not have a large enough freezer to accommodate this much frozen food. The board must address this issue. 7 MEETING MINUTES SENIOR ADVISORY BOARD BOYNTON BEACH, FLORIDA NOVEMBER 1, 1999 Chairwoman Collins requested that Ms. Joyce try to determine why the “Meals on Wheels” stopped this program in the City. Chairwoman Collins requested that all of the members investigate where there are food banks, how they operate and whether or not a participant must belong to the church. 11. COMMENTS A woman in the audience recommended that the board authorize Chairwoman Collins to send a letter of inquiry into the finances of these Senior Center programs. Submitting a letter of inquiry should help defer any further delay in response. Chairwoman Collins felt it was important for the board members to meet to develop a letter that covers all of the questions the members have about the Senior Center. There was a consensus of the board to schedule the workshop meeting for Monday, November 8, 1999 at 3:30 p.m. at the Senior Center. At this point in the meeting, Ms. Schwartzenberg said she would not be able to attend the Monday meeting because of another commitment. Chairwoman Collins pointed out to her that she moved to Jamaica Bay and that is outside the City limits. The Recording Secretary will check to determine whether or not Ms. Schwartzenberg is still a City resident. 12. ADJOURNMENT There being no further business to come before the Senior Advisory Board, Ms. Benell moved to adjourn the meeting. Ms. Field seconded the motion that carried unanimously. The meeting properly adjourned at 4:50 p.m. NEXT REGULAR MEETING: MONDAY, DECEMBER 6, 1999 @ 3:30 P.M. @ THE SENIOR CENTER Janet M. Prainito* Deputy City Clerk (Transcribed from Two Tapes) *Meeting recorded by Barbara Madden, Recording Secretary 8