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Minutes 06-08-10 MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M.,ON TUESDAY, JUNE 8, 2010 Present: Jose Rodriguez, Mayor Marlene Ross, Vice Mayor William Orlove, Commissioner Woodrow L. Hay, Commissioner Steven Holzman, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Judith A. Pyle, Deputy City Clerk 1. OPENINGS A. Call to order by Mayor Jose Rodriguez Mayor Rodriguez called the meeting to order at 6:32 p.m. 2. OTHER A. Review request by Strategic Broadcast Media Group, Inc to intervene on pending sale of WXEL Radio from Barry University to Classical South Florida Mayor Rodriguez noted, for the record, that Vice Mayor Ross had stepped down from the dais. Attorney Cherof explained she had previously announced a conflict of interest. She is an employee of WXEL. Kurt Bressner, City Manager, explained the item was to review a request made by Strategic Broadcast Media Group Incorporated to consider intervention in a pending sale of WXEL Radio. The proposed purchaser is Classical South Florida. The Board of Directors of Barry University authorized the sale in April, 2010. When the sale of the radio station was initially discussed in 2004, the City sent a letter to the Board of Trustees of Barry University indicating there were conditions, upon which the property that the City previously had an interest, was conveyed to South Florida Public Telecommunications Incorporated by a fee simple deed in April, 1986. The language in the deed restricted the uses of the property where the WXEL offices and tower currently occupy for ". . . use by tpe grantee, its successors and assigns, as a non profit education and/or public broadcasting, or community system or systems or facility." Attorney Cherof determined ttie language did not constitute any type of reverter clause. The question before the Commission would be if the sale of part of the WXEL assets to a third party, constituted any change in the terms and conditions of the deed. Presently, WXEL television would continue to operate at the same location. Meeting Minutes Special City Commission Meeting Boynton Beach, FL June 8,2010 The underlying zoning and land use of the property is recreational. Some public involvement in the use of the property would be required. It is not zoned as either business or commercial. Commissioner Orlove disclosed he was a long-time supporter of WXEL. The City Attorney did not feel a conflict was created. He appreciated all the materials that were provided giving him more insight into the entities involved. He remained concerned with the City inserting itself into a sale between two private entities. Commissioner Hay agreed with Commissioner Orlove to some degree. He did contend it would be in the best interest of the Commission and City to support WXEL and the resulting jobs that are involved. Commissioner Hay wanted the City to support WXEL in whatever manner would be appropriate. Commissioner Holzman echoed Commissioner Hay's remarks and felt it was important for the City to assert its desire to ensure WXEL remains an employer in Boynton Beach. Without taking sides in a private sale, the City could inform the State Board of Education that the City supports the continuation of WXEL in the City of Boynton Beach as a local public radio station to serve its citizens. The Commission had a duty to inform the State Board of Education that the City was against any sale that could in any way jeopardize the facility itself, as well as local public radio. Mayor Rodriguez surmised there was agreement not to intervene in a private business deal that has nothing to do with the City of Boynton Beach. Mayor Rodriguez suggested a letter of support, whatever the outcome of the business transaction, that there be consideration for keeping some sort of business in Boynton Beach retaining the current employment levels. The idea would be to work with whoever the owner is to keep the same type of operation within the City of Boynton Beach. Motion Commissioner Holzman moved to send a letter to the State Board of Education representing that the City of Boynton Beach would be in favor of keeping local public radio located at the current WXEL station. Attorney Cherof added it should be consistent with the restriction contained in the corrective fee simple deed when the City conveyed the property. The motion should also direct the City Attorney to draft the appropriate communication to the State. Commissioner Holzman so moved. Commissioner Hay seconded the motion. Commissioner Orlove moved to amend the motion to also draft a letter to Classical South Florida and/or its parent company, Amercian Public Media, reminding them of the 2 Meeting Minutes Special City Commission Meeting Boynton Beach, FL June 8,2010 deed restrictions and letting them know the City wants to retain local radio programming at WXEL. Attorney Cherof advised one letter would be sufficient by adding a paragraph that stated, "By copy of this letter to . . .", would remind them of the restriction and City's intent that a presence remain in Boynton Beach. Commissioner Holzman suggested an addition to the motion be a "cc" to the letter. Mayor Rodriguez opened the issue for public comment. Bryce Combs, 1310 South Palm Way, a member of the Community Broadcasting Foundation of the Palm Beaches and Treasure Coast, appreciated the Commission's hesitation to intrude in a private business deal. However, the impending sale would take jobs out of Boynton Beach. The proposed new owners automate their stations and receive programming from Minneapolis, St. Paul. Staff reductions would be initiated and the current offices only utilized for up to a year. Mr. Combs noted the local programming separates the station from all others and hopefully increases the quality of life for many residents. The local station is a jewel and Mr. Combs implored the Commission to keep the station local. He surmised the television station would succumb to being operated as a satellite service out of Miami with only a bare minimum of staff in Boynton Beach. It would be the end of local broadcasting. The State Board of Education could stop the transfer and very strong language was needed to persuade the Board to not approve the change. Commissioner Holzman agreed with the comments, but did not want to support one group over the others. The intent would be to keep local radio and television. The City could not bid for the license. Cliff Mattis, representing Strategic Broadcast Media, echoed the remarks of Mr. Combs and stressed the key was to maintain the local element of programming and not be lost to some type of satellite operation. Commissioner Orlove had spoken to the President of Strategic Broadcast Media. He inquired if American Public Media (APM) owned or operated KPCC in Southern California. Their website indicates there is a variety of programming, 10 of which are owned by APM, 17 are operated by KPCC and 24 programs from a variety of resources. Commissioner Orlove wondered if a similar strategy could be used in Boynton Beach. Mr. Mattis understood there would be no board ownership and it would all be headquartered in the Minneapolis/St. Paul area. A local board would have a more realistic view of the needs of the citizens and the City. Pamela Goodman, 3603 N. Ocean Boulevard, a member of the Community Advisory Board for WXEL, made clear the positions of each of the entities who were present. In order to receive funds, WXEL is required to maintain a Community Advisory Board composed of individuals from the viewing and listening area and independent of the 3 Meeting Minutes Special City Commission Meeting Boynton Beach, FL June 8,2010 station's governing body. The Advisory Board's position was based on public input during meetings held in the area. It was evident that there was a lack of communication and knowledge that trusts WXEL to be their public broadcast station. She cautioned that only seven of the 27 jobs were guaranteed to be maintained. The radio and TV stations would be separated. The Advisory Board's intention was to oppose the license transfer and a letter had been sent to that effect based on community input. Mike Bashcus, a resident of Brighton Lakes, offered his opinion that most of the individuals in the 55+ communities listen to WXEL on a regular basis. As a professional in marketing he felt the targeted market for WXEL was older residents and the focus should shift to educating the public on their presence in the community. He read an email he had sent to the State Department of Education opposing the takeover of the radio station by Classical South Florida and begged the Board of Education to quash the pending sale. Mr. Bashcus gave an example of a job that would be lost if the sale was final. Bob Ganger. 1343 N. Ocean Boulevard, offered the Commission had a unique opportunity to demonstrate its passion in supporting the station and visioning its growth. Boynton Beach has an opportunity to be on the leading edge of development of the very best public radio station and public communications in the State. Mr. Ganger suggested the Commission view the situation in a boarder view of the future. Herb Suss, 1711 Woodfern Drive, opined once the City lost control of the radio station it would be gone forever. The letter needed to be stronger without interfering in the private sale. James Roth, a native of Palm Beach County, had followed WXEL from its inception. He understood the Commission's hesitancy to step into a private sale. However, when public broadcasting was initiated it mandated localism. He implored the Commission to make the strongest statement possible to allow the boards and citizens of the local area to make the decisions regarding the station rather than outsiders. No one else coming forward, Mayor Rodriguez closed the public audience. He stressed a strong, passionate letter would be sent by the City Attorney. The motion passed 4-0. 3. ADJOURNMENT There being no further business to come before the Commission, Mayor Rodriguez properly adjourned the meeting at 7: 1 0 pm. 4 Meeting Minutes Special City Commission Meeting Boynton Beach, FL June 8, 2010 ATTEST: Yn.~ J net M. Prainito, MMC ity ~Ierk CITY OF BOYNTON BEACH 5 FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS CI1 \" 0 COUNTY 0 01 HER I.OCAI. AGENCY ~AME ~I~-r~rl. ~H~V~Th,J ~~ MY '><>SI1"'ON IS: ELECTIVE 0 APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city. or other local level of government on an appointed or elected board. council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting cont1ict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office \IUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the contlict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VarE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form "in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the contlict before making any allempt to innuence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE Will BE TAKEN: · You should complete and file this form (before making any attempt to innuence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. CE FORM ~B. 1-'11 PAGE I IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You should disclose orally the nature of your conflict in the measure before participating. . You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. I, M~LE,J'E" eaS.> DISCLOSURE OF LOCAL OFFICER'S INTEREST ~ << ~ , hereby disclose that on _ \\1 rJ-e: , '=> ZQI C ,~_: (a) A measure came or will come before my agency which (check one) /nured 10 my special private gain; or _ inured 10 Ihe special gain of , by whom I am retained. (b) The measure before my agency and the nalure of my interest in the measure is as follows: ~ 1A'e J:"' ""'iV"' ~tJ 1; 1V\~t..E) '1<< 1) f= "'" ~'EL, A A-ooro \0 T~ C,Jt1 ~'s~orV :5~ / r""... uf vJ "eL . rv'\Artn ~~ A~IJ~ t?f:6AA6,'Nlr ~IO Date F d c/JU ~ Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~1I2.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, RE~10V AL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM k8. 1-91 PAGE 2