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Agenda 07-20-10 Special Meeting of the CRA Board Tuesday, July 20, 2010 City Chambers 100 East Boynton Beach Blvd. Boynton Beach, FL 33435 6:00 PM I. Call to Order – Chairman Jose Rodriguez II. Roll Call III. Outcome of Staff Investigation Relating to Political Activities IV. Approval of Legal Bills Related to CRA Staff Investigations V. Discussion of CRA Operations VI. Discussion of Public Records Policies and Procedures VII. Rescissionof City/CRA Human Resources Interlocal Agreement (Tabled July 13, 2010) VIII. Adjournment NOTICE ,/ IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING HESHE ,,/ WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE HESHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE ,.(..286.0105) PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED FS THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL ,,. OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE PROGRAM OR ACTIVITY CONDUCTED BY THE CITY PLEASE CONTACT THE (561)737-3256-M CRA AT AT LEAST TWENTYFOUR HOURS PRIOR TO THE EETING PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY . ACCOMMODATE YOUR REQUEST 915 South Federal Highway, Boynton Beach, FL 33435 Phone: 561-737-3256 Fax: 561-737-3258 ~~flY~e~ eRA iIIi East Side-West SIde-Seaside Renaissance Special Meeting of the eRA Board Tuesday, July 20, 2010 City Chambers 100 East Boynton Beach Blvd. Boynton Beach, FL 33435 6:00 PM I. Call to Order - Chairman Jose Rodriguez II. Roll Call III. Outcome of Staff Investigation Relating to Political Activities IV. Approval of Legal Bills Related to CRA Staff Investigations V. Discussion of CRA Operations VI. Discussion of Public Records Policies and Procedures VII. Rescission of City/CRA Human Resources Interlocal Agreement (Tabled July 13,2010) VIII. Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.s.286.0105) THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CRA AT (561) 737-3256 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE MEETING PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. IS :2 Wd 6 I lnr OL 3J1JjO S.W:l31J AliJ H::Jjt3B r'OlHA08 .:f' All" 915 South Federal Highway, Boynton Beach, FL j3~35 u '"' Phone: 561-737-3256 Fax: 561-737-3258 III. Outcome of Staff Investigation Relating to Political Activities ~~~qY~Te~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: July 20,2010 I I Consent Agenda I I Old Business I I New Business I I Legal I I Other SUBJECT: Report of Investigation Pursuant to the Boynton Beach Community Redevelopment Agency (CRA) Board motion to Investigate whether Two CRA Staff Members Violated CRA Policies and State Statute Regarding Prohibited Political Activities which coincided with the Clydesdale Event on January 22,2010 SUMMARY: . At the June 8, 2010 CRA Board meeting, Attorney Cherofwas requested to provide direction on how to proceed with the Clydesdale event and whether two members of the Community Redevelopment Agency staff violated policy on that issue. . On June 30, 2010 CRA Counsel contracted with Attorney Quinn Johnson to handle the investigation. . On July 8, 2010 Attorney Quinn Johnson provided the CRA Board with a final investigative report. . On July 9, 2010 CRA Executive Director spoke to Susan Bucher, Supervisor of Elections to organize a 1-day training on Florida Statutes Chapter 104, Election Code: Violations and Penalties to be completed within the next 45 days but no longer than 60 days for completion based on scheduling. FISCAL IMPACT: Legal Bills for the Investigation Conducted by Attorney Quinn Johnson not yet finalized - Budget Line 01-51420-201. CRA PLAN, PROGRAM OR PROJECT: None. RECOMMENDATIONS: Approve Attorney Quinn Johnson's recommendation that the Boynton Beach CRA Board of Directors approve the investigation and recommendations and close r~ case. ~ ~, ~ ~t, Executive~tor T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\07-20-10 Special Meeting\Clydesdale Investigation.doc Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 8, 2010 Chair Rodriguez's campaign consultant was not present. He felt this was a serious matter, not only in this campaign but for future campaigns and staff needed to be scrutinized as their behavior was inappropriate. State Statute spoke to it and he thought an investigation should be launched. Chair Rodriguez sought legal counsel in the matter. Attorney Cherof explained any member of the Board with a complaint has the authority to pursue it with the State Commission on Ethics or the State Attorney. This could be done individually or done collectively. The Board could hire someone to conduct an investigation to advise the Board what recourse was available. When asked if, in lieu of going through those agencies, or through his directive whether he would handle the investigation and report the findings to the Board, Attorney Cherof responded he would not be comfortable conducting an investigation of the Executive Director. He works for the Board, but with the Executive Director. He suggested in these circumstances, the Board could retain an individual who could report directly to the Board. His role was limited, which was to ensure proper procedure was followed, and to ensure due process was afforded the Executive Director in the process of that investigation. Chair Rodriguez requested a member move for the CRA Board Attorney to initiate an investigation of possible violations of the CRA policies and State Statute regarding political activities. Mr. Grlove was very clear he was interested in clearing up the matter of whether two staff members violated the policy during their lunch hour or not on that issue. He requested the City Attorney give direction on how to proceed with the Clydesdale event and whether two members of the Community Redevelopment Agency staff violated policy on that issue. Motion Mr. Orlove so moved. Mr. Holzman seconded. The motion passed 3-2 (Vice Chair Ross and Mr. Hay dissenting.) Chair Rodriguez requested a motion to call for an investigation relating to the policy and procedures of the Community Redevelopment Agency Board and the State Statute regarding the meeting that took place with the Executive Director, the former Mayor/Chair and his campaign consultant during his campaign in an attempt to undermine him. Vice Chair Ross explained the information was based on hearsay and she cautioned all the members to be reasonable. Mr. Holzman inquired if having an opinion on a race was a violation of a staff member's position and whether an opinion on a potential candidate was a violation of one's duty. 15 Boynton Beach Community Redevelopment Agency Board Report of Investigation Pursuant to the Boynton Beach Community Redevelopment Agency(CRA) Board Motion to Investigate Whether Two CRA Staff Members Violated CRA Policies and State Statute Regarding Prohibited Political Activities Which Coincided With The Clydesdale Event on January 22, 2010. I. Introduction On June 8, 2010, the CRA Board of Directors voted to initiate an investigation of possible violations of CRA policies and state statutes concerning prohibited political activities while on duty. During the discussion, ORA Board Members revealed that they received information and/or complaints of political actMty by two ORA staff members, Kathy Biscultl and April Majoy. This investigation occurred between June 30, 2010 and July 7,2010. The investigation considered the indications and plausibility of the allegations that a violation of a state statute or local policy has been committed. Because the goal of the Investigation was to determine the truth or falsity of the matters alleged, the procedures used in this Investigative process focused on obtaining relevant facts so as to address all aspects of the allegation of political activity by eRA staff members on January 22, 2010. The entire CRA staff cooperated in the Investigation. In addition to eRA Board Members Mayor Rodriquez, Commissioner Holzman, and Commissioner William Orlove, several citizens were also Interviewed in person and by telephone. A summary of witness statements Is Included in this report a~ a brief statement of what each witness observed or how each witness became aware of the Information which led to the allegation of eRA staff members supporting political activity. II. Background A. ORA Handbook Section 5-4 Political Activity: No eRA employee shall take any active part In political campaigns or other political activities during duty hours. In accordance with Florida Statutes, as amended, employees are prohibited from engaging In certain types of political activities while either on or off duty. Employees, In their private capacities, may express their opinions on any political candidate or issue and/or participate in campaigns during their off-duty hours; however, they are prohibited from using their official authority or influence or appearance of doing so through the wearing of ORA uniforms or offICial attire, or in ORA vehicles while participating in political campaigns, for the purpose of aiding or Interfering with an election or nomination, or coercing or influencing another person's vote or affecting the result therof. . ..... Page 1 of 7 No buttons, bumper stickers, pins, or any political signage shall be adhered to CRA vehicles, or worn during the workday while on the job, or worn on CRA official attire, or posted on or about CRA premises. Nothing herein shall be construed to prohibit an employee's right to engage in casual workplace discussions on social or political topics, so long as such discussions do not, in the judgment of management of the CRA, interfere with the orderly, peaceful, and efficient performance of assigned duties or with the valid exercise of authority of management B. Florida Statute 104.31 Political activities of state, county, and municipal officers and employees. - (1) . .. (2) An employee of the state or any political subdivision may not participate in any political campaIgn for an elective office while on duty. (3) Any person violating the provisions of this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. . (4) Nothing contained in this section or In any county or municipal charter shall be deemed to prohibit any public employee from expressing his or her opinions on any candidate or issue or from participating in any political campaign during the employee's off-duty hours, so long as such activities are not in conflict with the provisions of subsection (1) or s. 110.233 III. Facts A. The Boynton Beach CRA is a public entity created pursuant to Chapter 163, Florida Statutes. The CRA has a five-member board of directors, who are also the Boynton Beach City. Mayor and Commissioners. The CRA Board of Directors employs an administrative staff consisting of an Executive Director, Assistant Director, Marketing and Communications Director, Finance Director, Assistant Finance Director, Development Director, Special Events Director, Administrative Services Manager, and a Special Events and Marketing Assistant. B. On January 22, 2010, the Banana Boat Restaurant and Brown Distributing Company sponsored a Budweiser Clydesdales visit to Boynton Beach. The public was Invited to stop by to view and take photos with the Clydesdales. The event was scheduled from 3 pm to 7 pm with a procession on Ocean Avenue from the Schoolhouse Museum to the Banana Boat Restaurant. Two CRA staff members, Kathy Blscultl, the Special Events Director and April Majoy, the Special Events Assistant were involved In the Clydesdale event as the Boynton Beach CRA does special events for the City of Boynton Beach. C. On June 8, 2010, the Boynton Beach CRA Board held a board meeting. During the meeting, the board held a discussion regarding the public complaints that Mayor Page2of7 Rodriquez, Commissioner Orlove and Commissioner Holzman received about the CRA staff members supporting political ~ctMty. Specifically, there were accusations that CRA staff members were Involved In prohibited political actMty for a political event for candidate Ron Weiland on the same day as the Clydesdale event. IV. Investigation Summary A total of fifteen witnesses were Interviewed to Include all nine members of the CRA staff, three CRA board members, a city employee and three citizens. The investigation revealed that on January 22, 2010, the CRA was involved In a special event for the City of Boynton Beach. The' special city event was known as the Clydesdales event which Involved the Budweiser Clydesdales visiting the city with a procession down Ocean Avenue. More specifically, the CRA Events Director, Kathy Biscultl and the Special Events Assistant, April Majoy were both working the Clydesdale event. Kathy Biscuiti and April Majoy were in the Clydesdale event area which stretched eastward from the Schoolhouse Museum down Ocean Avenue to the Banana Boat Restaurant. Along the Clydesdale procession route was the Hurricane Alley Restaurant near the Intersection of Ocean Avenue and Federal Highway. Directly across the street from Hurricane Alley on the south side of Ocean Avenue Is a vacant building located at 500 Ocean Avenue, which has an empty parking lot. During the lunch hour. several CRA staff members had lunch at Hurricane Alley. Also present at Hurricane Alley for lunch with different parties were Commissioner Holzman and Debbie Coles-Dobay. Also present at Hurricane Alley for lunch was Ron Weiland. As the different parties were having lunch at Hurricane Alley, which has outdoor cafe seating, thete was ample opportunity for those at Hurricane Alley to witness the actIVity going on across the street at the building at 500 Ocean Avenue. Separately. both Com'!llssloner Holzman and Debby Coles-Dobay observed CRA staff members, Kathy Blscuitl and April Majoy at the 500 Ocean Avenue location. April Majoy confirmed that they were asked to unlock the door at that location an~ were having issues with the air conditioning. Further, Debby Coles-Dobay stated that she spoke to Kathy Blsculti and April Majoy at the building on 500 Ocean Avenue as they were either working on the air conditioning and/or a refrigerator. Furtherl Debby Cole5- Dobay witnessed CRA staff members Usa Bright, VMan Brooks and Margee Walsh at the Weiland event on Ocean Avenue later that evening after the Clydesdale event. Other eyewitnesses, Herbert Suss and John McGovern, stated that they WItnessed Kathy Biscultl and April Majoy setting up the tent in the parking lot and working in the tent area both at different and conflicting times. Moreover, John McGovern observed specifically Kathy Blscuitl and two or three others doing set up work for the Weiland campaign event. Likewise. Herbert Suss stated that he saw Kathy Blscuiti straightening a Weiland campaign sign during the day, which was sometime after the lunch hour. Further, Mayor Rodriquez received a call during the lunch hour that CRA staff members were putting up campaign signs and a big tent and he observed CRA staff members Page 3 of7 during the day assisting the Weiland campaign event. In addition, Barbara Reedy, either just before 5pm and also after 5pm, observed CRA staff members at the Weiland event. Also, she was made aware that Vivian Brooks had keys to the building at 500 Ocean Avenue. When specifically asked, all witnesses could not specifically articulate how Kathy Blscuiti and April Majoy participated In the political campaign event other than a generalization that the two were present during the tent set up for the campaign event or involved in a ''flurry of activity" surrounding the tent set up. Further, there was no clear evidence that Kathy Biscuiti or April Majoy attended the Weiland campaign event later In the day after the Clydesdale event. There was no testimony or evidence to indicate there was some specific Intent or clear intention by Kathy Biscuitl or April Majoy for bein~ Involved In political campaign activity while on duty. V. Findings The Investigation revealed that both Kathy Biscuitl and April Majoy were present at the 500 Ocean Avenue building and tent area In the parking lot of the same during the lunch hour on January 22,2010. However, based upon the statements"and conflicts revealed during the investigation, I find that there is no competent substantial evidence to support an intentional or willful violation of Florida Statute 104.31 by Kathy Biscuiti or April Majoy. I further find that there was no evidence that Kathy Biscuiti or April Majoy used any official authority, influence or appearance as a CRA Special Events Director or Special Events Assistant for political activity in violation of CRA Policies. However, I do find that the CRA staff members' presence at the Weiland campaign event set up on the date of the Clydesdale event and th.elr involvement in unlocking the b.ullding and other activity of opening the building at 500 Ocean Avenue for whatever reason showed very poor judgment because of the perception It relayed to the public at I~rge. VI. Conclusions and Recommendations The Investigation further revealed that there are legitimate public concems of CRA staff members actively participating in prohibited political activity through some type of assistance to candidates of choice. I recommend that all CRA staff members receive some type of refresher training on Florida Statutes Chapter 104, Election Code: Violations and Penalties. I recommend that the Boynton Beach CRA Board of Directors approve the Investigation and recommendations and close the case. Page 4 of 7 VII. Summary of Witness Statements Four eRA staff members: Susan Harris, Mark Simon, Theresa Utterback, and Ghlshlane Villanueva did not attend the Clydesdale event, or any other downtown events such as the campaign event held by Ron Weiland. Steve Holzman. On January 22, 2010, between 11 :30 and 1 :30 pm, he ate lunch at the Hurricane Alley Restaurant located near the Intersection of Ocean Avenue and Federal Highway. Hurricane Alley has outdoor seating and Is directly across the street from the building located at 500 E. Ocean Avenue. He came into contact with Ron Weiland who came to Hurr!cane Alley and was preparing to set up a tent In the parking lot at 500 E. Ocean Avenue. Mr. Holzman saw CRA staff member April Majoy In the area of the tent set up In the parking lot along with other Individuals he believed to be CRA Staff members. He received a telephore call from Barbara Reddy who received a telephone call from Debbie Coles-Dobay regarding the eRA staff members being present at 500 E. Ocean Avenue during the Weiland campaign set up In the parking lot. He also saw'eRA staff members eating lunch at Hurricane Alley during the lunch hour. William Orlove. He was not present at Hurricane Alley nor was he present for the Weiland campaign event held on January 22, 2010. He received Information from the public right after the Clydesdale event. More specifically, he received Infonnatlon from Herbert Suss and John McGovern. The Infonnatlon was that CRA staff members were . assisting and/or setting up the tent for the campaign event and/or attending the campaign event which continued after the Clydesdale event. Jose Rodriguez. ReceIVed a call during the IU,nch hour that eRA staff members were putting up a tent and signs at the 500 E. Ocean Avenue location. Also, CRA staff members were present at the Weiland campaign fundralsing event held later that day around 4:30 pm and 5:00pm at that same location. More specifically received Information from John McGovern as to same. Herbert Suss. Attended the Clydesdale event He did not witness the Clydesdales procession but saw the horses at the Banana Boat Restaurant. While walking back from the Banana Boat he saw the Weiland tent In the parking lot of the building directly across from Hurricane Alley. He declined Weiland's invitation to attend the event. He saw Kathy Blscuiti helping to put up a tent at the 500 E. Ocean Avenue location along with second girl with blond hair later Identified as April Majoy busy In the tent. He also witnessed both Kathy Bisculti and April Majoy there outside the tent around 3pm and 4:30 pm. More specifically, he saw Kathy Blscultl straightening or handling a Weiland campaign sl!;Jn between 3pm and 4pm. Stated that Mayor Rodriquez and Barbara Reddy saw Kathy Biscultl and April Majoy. Barbara Reedy. She was not In the area of 500 Ocean Avenue around 1 pm. She saw CRA staff members before 5pm and also after 5pm at the political event at 500 E. Page 5 of 7 Ocean Avenue. She witnessed CRA staff members standing around at the political event eating shrimp. She saw CRA staff members wearing red shirts. Also, CRA staff member Vivian Brooks told her that she, Vivian Brooks, had the key to the building at 500 Ocean Avenue. Debbie Coles-Dobey. She went to Hurricane Alley during the lunch hour of 12:30pm and 1 :30pm on the day of the Clydesdales event. She saw that the Weiland tent was already up before lunch. She saw Weiland present along with another man and CRA staff. More specifically, she saw Kathy Biscuitl and April Majoy inside the building at 500 Ocean Avenue. These two CRA staff members were trying to get the air conditioning turned on in the building and/or trying to get a refrigerator to work inside the building. Later that evening between 5:30pm and 6pm, she saw CRA staff members Lisa Bright, Vivian Brooks, and Margee Walsh at the Weiland event. She did not see Kathy Biscuiti or April Majoy that evening at the Weiland event. Lisa Bright. The Clydesdale event was an event for the city with a timeframe of 3pm to 7pm and the Clydesdale procession starting around 5pm. She had lunch at Hurricane Alley and Kathy Biscuiti also had lunch with her at Hurricane Alley. Weiland was also present at Hurricane e Alley and invited her and others to his event. Weiland's event was to occur after 5pm and Involved a cocktail party on the street near Ocean Avenue and Federal Highway. The Monday following the Clydesdales event, Herbert Suss called her about CRA staff members being present for the Weiland campaign event. Herbert Suss subsequently requested an investigation into the matter. Vivian Brooks. She stated was not present during any political event. No one from the CRA staff was involved in any political event. Margee Walsh. As the Marketing Director she was involved with promotion, such as posting the Clydesdale event on the web and social media tools. She was not a witness to any political activity by CRA staff. She did observe Weiland setting up a table and tent during the lunch hour before the Clydesdale event. She also took pictures of the Clydesdale event. Kathy Biscuit!. Involved in the Clydesdale event as the Special Events Director with the assistance of April Majoy. Around 12pm, the Schoolhouse Museum was the staging area for the Clydesdale procession. People gathered at the Schoolhouse Museum. The CRA set up a table with chairs outside the Schoolhouse Museum. The procession started around 4:30pm and traveled east to the Banana Boat. There was no coordination between the Clydesdales event and the private party for the candidate (Weiland campaign). She did not participate in any campaign event or political activity. April MaloY. She started working the Clydesdale event around 12pm. A CRA table was set up at the Schoolhouse Museum. CRA started taking photos of the Clydesdale event. They were asked to unlock the door to the building at 500 Ocean Avenue. It was a vacant building and remembers either checking or turning on the air conditioning Page 6 of 7 , in the building. Around 5pm, the Clydesdales procession passed by and she went back to her office. VIII. Appendices 1. Boynton Beach CRA Handbook Page 31. 2. The 2009 Florida Statutes Chapter 104.31 and Chapter 110.233 3. Kathy Biscuiti Email dated December 17, 2009, 4 pages. 4. April Majoy Email dated January 21,2010,1 page. 5. Budweiser Clydesdale Flyer: Media Advisory, 1 page. 6. Clydesdale Procession photograph. 7. Bill Orlova Email dated June 3, 2010, 1 page. 8. Bill Orlove Email dated June 5, 2010, 1 page. By Henry Quinn Johnson, Esquire Page 7 of7 Statutes & Constitution: View Statutes: Online Sunshine Page on Select Year: : ~o~?1I ~ the :2009: Florida StatUtes ~ . . Chapter 104 View Entire Chapter ELECTORS AND ELECTIONS Et.eCTIOfh:ODE: vtOLA110NSrPENAlTIES 1"~S.1:~,~'Of:~:J~'.~~~'.;~~'''.'' (1) No officer or employee of the state, or of any county or municipality thereof, except as hereinafter exempted from provisions hereof, shall: (a) Use his br her official authority or influence for the purpose of interfering with an election or a nomination of office or coercing or influencing another person's vote or affecting the result thereof. ibr Directly or indirectly coerce or attempt to coerce, command, or advise any other officer or employee to pay, lend, or contribute any part of his or her salary, or any money, or anything else of value to any party, committee, organization, agency, or person for political purposes. Nothing in this paragraph or in any county or municipal charter or ordinance shall prohibit an employee from suggesting to another employee in a noncoercive manner that he or she may voluntarily contribute to a fund which . is administered by a party, committee, organization, agency, person, labor union or other employee organization for political purposes. ..(C( Directly or indirectly coerce or attempt to coerce, command, and advtse any such officer or employee as to where he or she might purchase commodities or to interfere in any other way with the personal right of said officer or employee. The provisions of this section shall not be construed so as to prevent any person from becoming a candidate for and actively campaign~ng for any elective office in this state. AU such persons shaU retain the right to vote.as they may choose and to express their opinions on all political subjects and candidates. The provisions of parag'rapt\ (a) shall not be construed so as to limit the political actlvity in a general, special, primary, bond, referen~lim,or other election of any kind or nature, of elected officials or candidates for public office in the state or of any county or municipality thereof; and the provisions of paragraph (a) shall not be construed so as to limit the political activity in general or special elections of the officials appointed as the heads or directors of state administrative agendes, boards, commissions, or committees or of the members of state boards, commissions, or committees, whether they be salaried, nonsalaried, or reimbursed for expense. In the event of a dual capacity of any member of a state board, commission, or committee, any restrictive provisions applicable to either capacity shall (; apply. The provisions of paragraph (a) shall not be construed so as to limit the political activity in a general, special, primary, bond, referendum, or other election of any kind or nature of the Governor, the elected members of the Governor's Cabinet, or the members of the Legislature. The provisions of paragraphS (b) and (c) shall apply to aU officers and employees of the state or of any county or httn./lTlm"~r If'\a <::tAtP. flll~/~tllhltf'\c;dinn"'Y f'.fm?mnrlf':=Vif':w%?ORtRf11tM&Sl1hMenu=1 &Ann f)/4120 1 0 Statutes & Constitution: View Statutes: Online Sunshine Page 2 of2 mun1dpality thereof, whether elected, appointed, or otherwise employed, or whether the activity shall be in connection with a primary, general, special, bond, referendum, or other election of any kind or nature. ~ (2) An employee of the state or any political subdivision may not partldpate in any political campaign for an elective office while on duty. (3) Any person violating the provisions of thts sectl.on is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (~:*thln. c.~ In -~ ~~9~'f!)f-m::ll~~~f;yor m~h."-'rter. shall- be ~ .~prohfbit .' .. ~..httc....,;~ rrom~~.~ft;.. iW.....,.;;lons on. candidate or..lssueorffOri1....o+f~-un g.~. -.V-I...... .~""JI(::"fII".,.., .... ,.....,.. any '. _ '. .. 1'""".......- II ".. '..1. f' ..t... ..... . . tn:any polltteal ~1Rpa"" ~~. ~~_;.duty~, sO long u sUch-adlvities are not .tn cmflt.ctwlth the pnMsions of ~(1.or 1.110.213. Hlstory...s. 8, ch. 26870, 1951; s. 7, ch. 29615, 1955; s. 5, ch, 29936, 1955; s. 1, ch. 59-208; s. 18, ch. 65-379; 5.53, ch. 71-t36; 55.1,2, ch. 74-13; s. 1, ch. 75-261; s. 30, ch; 79-190; 5.1, ch. SO-207; s. 628, ch. 95.147; s. 1 ,,-ch. 2006.275. . Copyrfght 01995-2010 The Florida Lea1slature . PrIvac;y Statement. Contact Us http://www.leg.state.fl.us/Statutes/index.cfin ?mode=View%20Statutes&SubMenu= 1 &App ... 6/4/2010 5.3 ADDRESS AND TELEPH0NE NUMBERS: Employees are required to report any change In address or telephone number to the eRA Executive Director and HR Designee within ten (10) working days of the change. Failure to comply with this requirement may result In disciplinary actions up to and including termination. The employee shall also maintain on a current basis the name, address and telephone number of the person(s) to contact in case of emergency. 5-5 RESIGNATION: Resignation is the voluntary separation of an employee from employment accomplished by serving a written notice expressing a decision to end employment with the CRA. Such written notice shall be deemed to be accepted Immediately. An employee who wishes to leave In good standing shall provide at least two (2) weeks notice, before leaving. Resignations may be rescinded only with the written approval . of the CRA Executive Director. All employees who have completed their probationary period and given two weeks written notice. will receive their accumulated sick, vacation and compensatory time to date subject to the maximum accumulation times defined in this policy and reimbursement for as yet non-reimbursed expenses. Medical, dental, vision, and - 31 - Statutes & Constitution: View Statutes :->2009->ChO 11 O->Section 233 : Online Sunshine Page 1 of 2 Select Year: 12009 ~~ I Go I Ute.2009~ Plorida.~ ~ Ch21pter 110 View Entire Chapter PUBUC OFFICERS, EMPLOYEES, AND RECORDS STATE EMPLOYMENT 1:fO~133 PoIttIcit aCtIYIttes.~..U'iIfftU...:.~.- (1) No person shall be appotnted to. demotedJ or dismtssed from any posttion tn the career service, or tn any way favored or dtscriminated against with respect to employment tnthe career servlceJ because of race. color, national originJ sexJ handtcapJ religious creedJ or poUttcal opinton or affiliation. (2) No person shall use or promise to useJ directly Or indirectlYJ any official authority or influenceJ whether possessed or'anticlpatedJ to secure or attempt to secure for any person an appotntment or advantage In appotntment to a posttion in the career serviceJ or an tncrease tn payor other advantage tn employment In any such position, for the purpose of influencing the vote or political action of any person or for any conslderatlonj however, letters of inquiry, recommendationsJ and refere~ces by public employees or public officials shall not be constdered political pressure un~ess any such letter contains a . threatJ intimidation, or IrrelevantJ derogatory, or false Information. For the purposes of thts sectionJ the term "political pressureJ. in addition to any appropriate meaning which may be ascribed thereto by lawful authorltyJ includes the use of official authority or tnfluence In"any manner prohibited by this chapter. (3) No person shallJ directly or indirectly, give, render, pay, offer, solicltJ or accept any money, service, or other valuable consideration for or on account of any appointment, proposed appointment, promotion or proposed promotion to, or any advantage InJ a position tn the career service. The provisions of this subsection do not apply to a private employment agency licensed pursuant to the provlstons of 1 chapter 449 when the services of such private employment agency are requested by a state agenCYJ boardJ depa~ment. or commission and neither the state nor any political subdivision pays the private employment agency for such services. (4) As an indMdual, each employee retains all rights and obligations of citizenship provided In the Constttution and laws of the state and the Constitution and laws of the Untted States. However. no employee tn the career service shall: (21) Hold, or be a cand1date for. public office while in the employment of the state or take any active part in a poUttcal campaign whfle on duty or within any period of time dUring which the employee Is expected to perfonn services for which he or she receives compensation from the state. However, when authorized by his or her agency head and approved by the department as involving no interest whtch conflicts or activity which interferes with his or her state employmentJ an employee In the career service may be a candidate for or hold local pubUc office. The department shall prepare and make http://www.leg.state.f1.us/Statuteslindex.cfm?App_mode=Display _Statute&Search_String=... 6/4/2010 Statutes & Constitution :View Statutes :->2009->ChOll0->Section 233 : Online Sunshine Page 2 of2 available to all affected personnel who make such request a definite set of rules and procedures consistent with the provisions herein. (b) Use the authority of his or her position to secure support for, or oppose, any candidate, party, or issue in a partisan election or affect the results thereof. (5) No state employee or offidal shall use any promise of reward or threat of loss to encourage or coerce any employee to.support or contribute to any political Issue, candidate, or party. (6) The department shall adopt by rule procedures for Career Service System employees that require disclosure to the agency head of any application for or offer of employment, gift, contractual relationship, or tinandal interest with any individual, partnership, association, corporation, utility, or other organization, whether public or private, doing business with or subject to regulation by the agency. Hlstory.--s. 21, ch. 79-190; s. 2, ch. 80-207; s. 1, ch. 84-125; s. 5, ch. 89-Zn; 5.1, ch. 91-164; s. 21, ch. 91-431; s. 34, ch..92-279; s. 55, ch. 92-326; s. 668, ch. 95-147; s. 23, ch. 2001-43. 1Note.--The provisions comprising chapter 449 were repealed by ch. 81-170. Copyright Q 1995-2010 The Florida Legislature · Privacy Statement .'Contact Us http://www.leg.state.fl.us/Statutes/index.cfm? App J]1ode=Display _ Statute&Search _ String=... 6/4/2010 Page 1 of4 Blscultl, Kathy From: Bisculti, Kathy Sent Thursday, December 17, 20094:17 PM To: Bressner, Kurt; 'Luke Therien'; Welsh, Pam Cc: Magazine, Chuck; Immler, Matt; Segal, Wayne; Bright, Lisa; Majors, Wally; LaVerrlere, Lori Subject: RE: Banana Boat Thank youl Pam...the only day I am in next week is Monday. Kathy From: Bressner, Kurt Sent; Thu 12/17/20094:07 PM To: 'Luke Therien'; Blscultl, Kathy; Welsh, Pam ee: Magazine, Chu~; Immler, Matt; Segal, Wayne; Bright, Usa; Majors, Wally; laVerrlere, lori Subject: RE: Banana Boat Goodaftemoon, For purposes of coordination, let's treat this as a special event activity so we can get the parties lined up wnh what needs to be done. Pam, Early next week find out when the team can meet for a short meeting to discuss the logistics. We need to make this event happen as it will provide excellent exposure for Boynton Beach. The eRA will be assisting In anyway that may be needed. I think it Is mainly a PDtrrafflc and a media relations event, but I may be wrong. Luke will get us the contact Information from Budweiser. The Mayor Is on board to participate and Is quite excited. Our job - make it happen safely and so everybody gets to experience this very unique part of American life, right here In Boynton Beach. . . For all you do, this event's for you Kurt Kurt Bressner, City Manager City of Boynton Beach. 100 E. Boynton Beach Blvd. P.O. Box 310, Boynton Beach, FL 33425-0310 (561)-742-6010 (office) or (561) 436-2328 (cell) htto:l/www.bovnton- beach.on From: Luke Therien [mallto:luketherien@bellsouth.net] Sent: Thursday, December 17, 2009 11:43 AM To: Bressner, Kurt; Biscuit!, Kathy SUbject: Re: Banana Boat Page:: of4 We have finalized the date and time for the Budweiser Clydesdale Horses. This includes three (3) tractor trailers with (8) clydesdale horses, wagon, dalmatian dog etc. 1. Arrival at Banana Boat on Friday January 22nd at 3pm. 2. Unload trailers, dressing/wagon & horse preparation takes about 45 minutes. 3. Depart Banana Boat 4pm by horse and wagon heading west on Ocean Avenue. Horses take a right turn on Seacrest, take a right on N.E. 1st Ave, turn into City Hall for pictures with Mayor etc. Reverse directions back to Banana Boat. 4. Return at Banana Boat at 5pm. 5. Horses available for viewing from 5pm to 6pm 6. leave Banana Boat at 7pm. let me know if you have a problem with this route. We would like to get Mayor Taylor on the Wagon leading the horses etc. to and from Banana Boat If he can. let me know of any other Suggestions. Luke Therien _._-----~_.---~> -~-- From: "Bressner, Kurt" <BressnerK@bbfl.us> To: "Biscuitl, Kathy" <BlscuitlK@bbfl.us> Cc: "Bressner, Kurt" <BressnerK@bbfl.us>i luketherien@bellsouth.net; "Bright, Usa" <BrlghtL@bbfl.Us> Sent: Tue, December 15, 2009 12:26:51 PM Subject: Re: Banana Boat The City is ready to assist also. Luke, please confinn we are a go. Kurt Sent from my iPhone Kurt Bressner 561-436-2328 (cell) On Dee 15, 2009, at 11:19 AM, "Biscuiti, Kathy" <BiscuitiK@bbfl.us>wrote: Hi Kurt and Luke, What great news for Boynton Beach, please let me know if you would like to have me involved in the process of making this into an event. The dates mentioned are only five weeks aWlly...please let me know your thoughts so that we can schedule a planning meeting soon. Also, please let me know who the point penon is on this event. Thank you, Kathy Biscuiti CRA Special Events Director 561-445-2973 _____Original Message----- From: Biscuiti, Kathy To: Biscuiti, Kathy Sent: Tue Dec 15 09:11:20 2009 Page 3 of4 Subject: FW: Banana Boat From: Bressner, Kurt Sent: Wednesday, December 02,2009 9:06 PM To: Luke Therien Cc: Immler, Matt; Bright, Lisa; Segal, Wayne; Biscuiti, Kathy; LaVerriere, Lori; Magazine, Chuck; Majors, Wally Subject: Re: Banana Boat Luke, I think this is wonderful. Yes, we will be glad to help. Let me ask a team from the City and the CRA staff to work with you. This weekend is the eRA and City's Holiday event so our fonow-up will be next week. Maybe the route from Banana Boat/Childrcns Museum with the Mayor greeting the procession would be a possibility? Thanks, Kurt Sent from my iPhone Kurt Bressner 561-436~2328 (cell) On Dec 2, 2009, at 4:53 PM, "Luke Therien" <lukctherien@bellsouth.net> wrote: Hi Kurt: Banana Boat has an opportunity to bring the Budweiser Clydesdales to Banana Boat and to downtown Boynton Beach for a4 (four) hour slot either Thursday, Friday, or Saturday week of January 21st. It would be only one of those days. We haven't decided which one yet, but it would be let's say 3pm to 7pm. It is a pretty elaborate setup involving 3 (three) tractor trailers setting up at Banana Boat I was tbinking of taking the Clydesdales to City Hall and back to Banana Boat This would be a great public relations attraction for the City of Boynton Beach if we promoted it properly. The drive time from Banana Boat to City Hall and back would be about one (1) hour. The Clydesdales may need a police escort to cross Federal Highway etc, otherwise they would be parked at Banana Boat If you help me with the logistics with the police, I would pay for all the promoting and all the costs of getting the clydesdales over to us. Page 4 of 4 What do you think? Do you want to have a short meeting? Luke Therien cell # 561-704-3535 6/8/2010 Page 1 of 1 MaJoy, April From: Blscultl, Kathy Sent Thursday, January 21,20101:46 PM To: Majoy, April Subject: FW: Banana Boat - Clydesdales Importance: HIgh From: Bressner, Kurt Sent: Thu 1/21/2010 1 :31 PM To: B\saJItI, Kathy' . Cc: Immler, Matt; Bright, Usa; Oark, CraIg; Segal, Wayne; LaVerrlere, lori; 'Luke Therlen'; Rivers, Jody; Kelley, Michael; Taylor, Jerry SUbject: FIN: Banana Boat - Oydesdales Surprlsel Don't kill the messenger... Kathy, If It Is ok with Usa, please put out an adVisory to the eRA Board and other Interested parties. Chlef/Sgt Kelley, I thln~ the revised traffic. configuration Is easier. Unfortunately, we had planned to have klds be AT the museum at 4-4:45. So, I guess that's show biz. Craig, _I'm alerting you to advise the Children's Museum of the change In time. The kids wlll still have an opportunity to see the horsss, albeit earlier than what was announced. What am I missing? Luke please stay In touch with Kathy Slstultl on this event. Change Is good. change Is good. change Is good..... ~urt Bres~er, City Manager City of Boynton Beach, 100 E. Boynton Beach Blvd. P.O. Box 3.10. Boynton Beach, FL 33425-0310 (561)-742-6010 (office) or (561) 436-2328 (cell) htto://www.bovnton-beaoh.orll. ....---------------...... From: Luke Therien [mallto:luketherlen@bellsouth.net] . Sent: Thursday, January 21, 2010 11:40 AM To: Bressner, Kurt; Taylor, Jerry; kelleym@d.boynton.beach.f1.us; Rivers, Jodyj Segal, Wayne Subject: Banens Boat - Clydesdales The Clydesdale crew chief arrived Wednesday and wants us to simplify the traffic plan for the Clydesdale Horses for Friday afternoon. The horses will start at the school house museum and take a one way shot to the Banana Boat, instead of the original round trip. He says this will cut the traffic issues in half during a busy Friday afternoon and improve pedestrian safety. and cut on police isSues. It will also allow more time for people to visit with the horses and talk: with the trainers. The horses will be dropped off at the school house museum just before 3pm, and the empty trailers will be immediately driven to Banana Boat. The horse and wagon will stay at the school house museum from 3pm unti14pm, and then head east towards Banana Boat aroUnd 4pm. The horses will be at the Banana Boat from that point until about 7pm. There will be five (5) trainers around the horses at all times. The overall time frame stays the same. Let me know of any questions you may have. Luke Therien - cell # 561-704-3535 617/2010 f!..'..........._,.,..~. ."..", ...~-~,.. .-.- .......... ..."..~. I: Rea1aarant ..1.oaaIe I!IIabIIIIIed 111'l1 i I 8....... BOlt 738 East ocean Avenue, Boynton Belch, FL 33435 (561) 732.9400 www.Bananaboatboynton.Com MEDIA ADVISORY Photo Opportunity wtIQ: World-famous Budweiser Clydesdales, representatives of Anheuser-Busch for more than 75 years, WHAT: Brown Distributing Company & Banana Boat Restaurant are sponsoring a visit from the Budweiser Clydesdales, one of the world's most recognizable symbols. The Ugentle giants. have been ambassadors of Anheuser-Busch since 1933. The public is invited to stop by to view and take photos with the Clydesdales. WHEN & WHERE: Friday, January 22nd, 2010 - 3pm to 7pm Banana Boat Restaurant 739 East Ocean Avenue, Boynton Beach, FL 33435 FEATURE IDEAS: . Talk with the Clydesdale handlers about what It takes to prepare these majestic beauties for more than 500 appearances made annually. . . Show how the horses are bathed, brushed and braided In a visual behind-the-scenes grooming piece. . tIIustrate the fascinating history of the Budweiser Dalmatian - the official mascot of ttle Clydes- dales since the 195Os. . Explain what It takes to be part of the famous hitch. As a symbol of Budweiser quality, horses must meet strict requirements to be chosen as a Budweiser Clydesdale. MEDIA INFORMATION: Brown Distributing Contact: Joe Mennine - 561-655-3791 JOE.MENNINEQBDCWPB.COM Banana Boat Restaurant: Luke Therien - 561-732-9400 LUKETHERIENOBELLSOUTH.NET r r r FW: CRA violations of HR Policy - 'att.net Mail' YA:E-lOOr4P M~!!: Page 1 of 1 FW: eRA violations of HR Policy From: .Orlcve, Bill" <OrloveB@bbfl.us> To: hqjohnson@bellsouth.net Friday, July 2, 20104:08 PM As we discussed, I went through my e-malls to determine a tlmellne of events regarding your questions today. Below Is an e- mall from Herb Suss, asking me to Investigate the matter involving the CRA. Because of his request as a constituent, I asked the CRA executive director to put this Issue on the agenda for the June 8 CRA meeting, which she dld. I will forward you another e-mail that Herb sent me. He Is responding to my request for more Information regarding the situation. . Let me know If there is anything else you need from me on this matter. Have a good and safe holiday weekend. Bill From: Herb/Isabel Suss [mallto:herbeI24@att.net] sent: Thu 6/3/201011:30 PM To: Orlove, Bill ee: Cherof, James; lona_oconnor@pbpost.com Subject: CRA violations ofHR Policy To: Bill Orlove Boynton Beach Commissioner From Herb Suss Re: Request investigation Into violations of CRA HR Policy On 1 22 10, I personally witnessed CRA employee Cathy Buscutil assisting and another CRA employee associating with the organization of a fund raiser for then Commissioner Ron Wellands bid for Mayor. This occurred on Ocean Ave ana Federal Hwy. I then subsequently had a phone conversation with Lisa Bright about this Inappropriate use of tax payer money and during that conversation she stated to me she was supporting Ron Weiland. She also Insinuated that I was harassing her because I brought this to her attention. These political activities and aCtions are against documented company policy and misuse of tax payer dollars. My personal experience as a witness and tax payer of Boynton Beach Is sufficient to initiate this request and and a full Independent Investigation. · 'There have been several citizens that have brought this to the attention of the CRA board and a full Investigation would encompass contact with these and any other individuals which may have Insight. Part of your campaigning spoke to transparency and ethics and so this Is the time to show that those are true values of this city. I await your action. Once again I am requesting that this Item be placed on the June'8th CRA meeting agenda and an Investigation started at once. Please confirm back to me that this item will be added to the agenda Herb Suss -" ---. ..fd16. '__._.""-fIL~ ~ ~=~.._.t!. _. FW~ eRA violations of HR Policy - 'aU.net Mail' YAE:OOf@ M~!J; Page 1 of 1 FW: eRA violations of HR Policy From; "Orlove, Bill" <OrloveB@bbfl.us> To: hqjohnson@bellsouth.net Friday, July 2, 20104:08 PM Here Is the second e-mail for your review. Bill From: Herb/Isabel Suss [mailto:herbeI24@att.net] sent: Sat 6/5/2010 8:03 PM To: Orlove, Bill Cc: Cherof, James;' O'Connor, Lona Subject: eRA violations of HR Policy To Bill Orlove From Herb Suss The only thing I can provide and the only thing that matters is my personal eye witness of what my own eyes saw and and what my own ears heard. I have already documented this for you. It seems that you don't believe me. I am willing to take a polygraph if that Is what you need. It Is not my Job to investigate this for you because I am not an independent investigator. If you look at the minutes of the last couple of meetings you will find citizens came up and made the same claims. I agree that you should not rush to Judgment. your role should be to take my statement and call for an independent investigation. That investigator can interview all parties and come with a report to the ORA board of their findings. Herb Suss ...~~b2l' -'- ~ ~ . ....,=..:..' ........... _llWrIlI""'-'l-- -- ~., - IV. Approval of Legal Bills Related to eRA Staff Investigations eRA BOARD MEETING OF: July 20, 2010 I I Consent Agenda I I Old Business I I New Business I I Legal I I Other SUBJECT: Legal Bills related to CRA Staff Investigations SUMMARY: Attached legal bills relate to extra ordinary charges not under the purview of the CRA Director. CRA Counsel conferred directly with Board members on these activities. FISCAL IMPACT: $5,831.20 - Budget Line Item - 01-51420-201 CRA PLAN, PROGRAM OR PROJECT: None. RECOMMENDA TIONS: Approve the attached legal bills. A- T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\07-20-10 Special Meeting\CRA Legal Bills related to investigations..doc GOREN. CHEROF, DOODY & EZROL Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 BOYNTON BEACH CRA Att: Lisa Bright, Exe. Dir. 915 South Federal Hwy Boynton Beach FL 33435 General Matters 06/02/2010 AB JAC 06/03/2010 JAC 06/04/2010 JAC 06/07/2010 JAC 06/08/201 0 JAC 06/10/2010 JAC 06/11/2010 JAC 06/14/2010 JAC Review matter with JAC; Telephone call to Brent Taylor and Karen Kameron re: corrective deed. Review with A. Barboza status of transaction cases; review land swap cost issues; review Luchey per VB inquiry. Telephone call with Board member re: agenda and pending information request. Review agenda notice issue; telephone call to Chair re: meeting process. Weekly Meeting with Chair and Bright; follow up on business issue with Chair; research incentive options; review notice of swaped land; review agenda and prepare for meeting. Prepare for and attendance at Board meeting; review real estate issues with AB & Rachel Leach; telephone call with Mayor re: agenda itemlWX.EL. L---" Telephone calls and review re: Suss records request; miscellaneous review of records issue and policies. Conference with Herb Suss and Chair re: 119 request; miscellaneous follow-up and research CRA/records issue; telephone call to Board Members re: same. Follow up emaH with Bright re: Suss 119 request; email Board and prepare. Page 1 07/01/2010 ACCOUNT NO: 70473R STATEMENT NO 48 HOURS o 30 ./ 070 ./ 040 0.20 2.10 ~ c~ ~":f. .,.,.- 5.20 1.20 1.90 1.20 . aOYNTON BEACH CRA General Matters 06/15/2010 JAC 06/16/2010 JAC AB 06/17/2010 JAC 06/18/2010 JAC 06/21/2010 JAC DJD Telephone call with Board member re: investigation; outline investigation issues; prepare and emails re: public records. Follow up calls with Chair and Board member re: records and land transfer issue. Revise corrective quit claim deed; Communications with FDOT re: execution of corrective deed. Review Bright emails re: Green and reply to Chair; review special meeting notice from TU; calls and email re: Suss records. Follow up calls and emails re: Suss records production; telephone call to AG's office re: Monday mediation call; follow up with Board Member; review demand email from Suss. Follow up re: records request; review Auburn sale/development agreement status; review NSP Agreement re: CRA obligations. Conference with Jim Cherof relative Purchase and Sale Agreement with Auburn Development. FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF D.J. DOODY ANNABELLA BARBOZA RECAPITULATION HOURS 18.20 0.20 0.60 HOURLY RATE $195.00 195.00 195.00 COPYING COST TOTAL EXPENSES TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE. Page: 2 07/01/2010 ACCOUNT NO: 70473R STATEMENT NO: 48 HOURS 0.20 19.00 1.20 0.40 0.30 1.20 1.40 1.10 3,705.00 TOTAL $3,549.00 39.00 117.00 0.70 0.70 3,705.70 $3,705.70 GOREN, CHEROF, DOODY & EZROL Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771 -4500 BOYNTON BEACH CRA Att: Lisa Bright, Exe. Director 915 South Federal Highway Boynton Beach FL 33435 REL.Efv EJ I\1Y\ BOYNTON BtACH Ci~,,~~ Electioneering Investigation 06/22/2010 SHB 06/23/2010 SHB JAC 06/25/2010 SHB JAC 06/29/2010 SHB 06/30/2010 SHB JAC Discuss investigative review matters with JAC; reviewed 6-8-10 CRA board meeting minutes re: direction to conduct investigation as to electioneering matters; telephone conference with attorney Quinn Johnson re: investigation; correspondence to Johnson re: investigation. Follow up re: investigation as to electroneering matters. Review Holiday House issue and email; review 119 request (Suss) AG letter. Receipt and reviewed correspondence from JAC and Lisa Bright re public records request; went to CRA office and reviewed documents complied in response to public records request. Review Suss records; draft email re: same; review grievance/records issue and package from LB; call with Board members, Correspondence to and from Lisa Bright re: investigation to be conducted by attorney Quinn Johnson; Discuss with JAC; Correspondence to and from Quinn Johnson re: backup materials; Sent signed retainer letter to Johnson, Follow up correspondence from and to Quinn Johnson re: investigation; telephone conference with Quinn Johnson re: contact with Commissioners for interviews; discuss with JAC; follow-up with Johnson; received fully executed retainer agreement from Johnson; correspondence to Commissioners advising of possible interviews with Johnson. Review pending issues; review Real Estate - Auburn - continued issues; calls re: IT/CRA backup improvements; follow-up re: Board transition and representation, ACCOUNT NO: STATEMENT NO: HOURS 2.50 0.30 0.30 2.30 1.60 1.60 1.20 1.10 Page: 1 07/01/2010 100466R 1 BOYNTON BEACH CRA Electioneering Investigation FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF SHANA H. BRIDGEMAN RECAPITULATION HOURS 3.00 7.90 TOTAL CURRENT WORK BALANCE DUE Page: 2 07/01/2010 ACCOUNT NO: 100466R STATEMENT NO: 1 HOURLY RATE $195.00 195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE. HOURS 10.90 2,125.50 TOTAL $585.00 1,540.50 2,125.50 $2,125.50 v. Discussion of eRA Operations ~~~qY~Te~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: July 20,2010 I Consent Agenda I I Old Business I I New Business Legal I Executive Director's Report SUBJECT: Discussion of CRA Operations SUMMARY: The following is a summary of the State of the Agency since 2005: Administration . Clean independent audits with no significant deficiencies or material weaknesses. . Audits completed on time and on budget. . Low to zero staff turnover rate. . Maintained a salary & benefits overhead expense rate at or below 9% for the last two fiscal years. . Created, implemented and managed 24 new programs and projects. . Managed Agency budget of in excess of $13 million. . Increased capital assets from $2.8 million to $25.8 million, an 89% increase. . Converted accounting system from Excel to fully integrated INCODE software. . Upgraded informational technology from stand alone computers to server network. . Negotiated two TIF Agreements. . Managed over 15 acres of CRA owned land. . Managed the issuance of over 20 RFP's and RFQ's. . Held over 15 public workshops. . Upgraded the CRA brand with new media techniques. . Created website for the CRA. . Received the State's highest award from the Florida Redevelopment Agency the Presidential Award for the agency's Urban Infill Housing Program. . Received the 2010 Addy Award for the CRA's Downtown Interactive Google map. . Executive Director annual performance evaluations consistently rated above average resulting in salary increases. Proiects and Proarams . 5 - 13 successful special events produced each year drawing crowds in excess of 4,000 attendees with only one and half employees. . Purchased significant portions of marina area for historic preservation and economic development. . Successfully completed marina improvements on time and on budget. . Successfully leased up renovated marina slips. . Metropolitan Planning Organization grant awarded in the amount of $25,000 for water taxi slip. . Programs created since 2005: . Homebuyers Assistance Program . Residential Improvement Program . Signage Grant T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\07 -20-10 Special Meeting\CRA Operations.doc ~~~qY~Te~le RA . East Side-West Side-Seaside Renaissance . Commercial Rent Subsidy Program . Tenant Build-out Program . Community Meeting Program . Trolley Program . Google Map Program . Small Business Development Program . Projects Since 2005: . Ruth Jones Cottage move and redevelopment . Ocean Breeze West 21 Single-Family Home development . Ocean Breeze East - 84 senior multifamily development . Urban Infill Housing Program - 14 new homes . Small Business Incubator . Amphitheatre . Marina Redesign and Redevelopment . Downtown Master Plan . Economic Development Plan . Downtown Parking Plan . Boynton Beach Boulevard Plan . Federal Highway CRA Plan Update . CRA Design Guidelines . Small Business Survey . Partnered with non-profit and private sector to create 14 new homes in the Heart of Boynton. . Leveraged $2.9M of private investment with CRA grant programs FISCAL IMPACT: None. CRA PLAN, PROGRAM OR PROJECT: None. RECOMMENDA TIONS/OPTIONS: Provide staff direction for how to improve on the performance and outcomes of the Agency. /i{L I '-.-/ T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\07 -20-10 Special Meeting\CRA Operations.doc Boynton Beach eRA Awards Sept. 2006 The Florida Redevelopment Association (FRA), a non-profit organization dedicated to assisting Florida professionals and volunteers in revitalizing their communities, honored the Boynton Beach Community Redevelopment Agency (CRA) with its 2006 Roy F. Kenzie Award. The award, given to celebrate the best projects and programs in Florida redevelopment, was in recognition of the development of a 1.4-acre boulevard extension and waterfront promenade just north of Boynton Beach's expanding downtown and marina district. The award was presented to the CRA at the 2006 FRA Annual Conference at the Radisson Miami Hotel on October 18. Feb. 2008 The Housing Leadership Council of Palm Beach County honored the City of Boynton Beach and the Boynton Beach CRA with an outstanding achievement award for expanding workforce homeownership opportunities in Boynton Beach through an integrated system of grants, programs and partnerships. The award commending, "outstanding innovation and leadership" in Boynton Beach, was presented at the Housing Leadership Council's "State of Workforce Housing" address at the Kravis Center in West Palm Beach on January 30. Sept. 2008 The FRA recently recognized the Boynton Beach CRA for providing housing programs that aid residents within its district. The CRA's Homebuyer's Assistance Program (HAP), Direct Incentive Program for Workforce Housing, and Residential Improvement Grant program were acknowledged by the statewide organization as best practices during a presentation on effective economic development at the Florida League of Cities annual conference in Tampa. The Boynton Beach CRA was one of only four CRAs in the state recognized by the FRA. Sept. 2008 Boynton Beach CRA 2007 Annual Report recognized by IDA's Downtown Awards Program under the Marketing and Communications category. Sept. 2009 The "Urban InFiII Housing Development Program," adopted in 2006 by the Boynton Beach CRA, earned the state's top honor as best Florida redevelopment project for its purchase, construction and reselling of nine homes to low- or moderate-income families. The project's key goal is to create affordable housing and improve neighborhoods within the Boynton Beach Community. The Boynton Beach CRA received the state's highest award for successful redevelopment, the President's Award, at the 2009 FRA Annual Conference Oct. 29 in Orlando. The President's Award recognizes and highlights Florida's "best of the best" redevelopment projects as chosen by the outgoing FRA president each year. May 2010 Boynton Beach CRA wins the 2010 "Addy Award" for their Downtown Google Map, "Where the locals go.." under the Interactive Online Media category. VI. Uiscussion of Public Records Policies and Procedures r'" ~~~qY~Te~ eRA . East Side-West S'lde-Seaside Renaissance eRA BOARD MEETING OF: July 20,2010 I I Consent Agenda I I Old Business I I New Business I I Legal x I Other SUBJECT: Review of Public Records Request Policy & Procedures SUMMARY: · CRA Commissioner Orlove requested a written policy be in place complying with State Law for the handling of public records requests. · The latest CRA Board approved revision to the Public Records Request procedure was completed in February of 2009 (attached). · The 2009 revision included updated information provided by the city clerk's office and an updated Record Request form. · Chapter 119.07 requires the copying of records and inspection of records be done so at a reasonable time, under reasonable conditions and under supervision by the custodian of the public records. · Chapter 119.07 further requires custodians of public records and his or her designee must acknowledge requests to inspect or copy records promptly and respond to such requests in good faith. · Chapter 119.07 provides a good faith response includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, if so, the location at which the record can be accessed. · The CRA consistently practices prompt and immediate responses to requests and requester must be contacted no later than 72 hours as a reasonable time to respond as to the status of a request or the finalization of a request. The response to a request outlines the staff costs, production costs and existence of requested record. · The response to the requester to seek approval of financial costs from the requester prior to the production of documents. · The CRA complies with Chapter 119 and provides any and all requested records electronically at no cost to the requester; provided the requester has given the CRA an email to forward documents at no cost. If no email is provided on the request, the CRA contacts the requester to offer the records electronically in order to save the cost of production to the requester. ~~~qY~Te~ eRA . East Side-West S"lde-Seaside Rena"lssance FISCAL IMPACT: None. CRA PLAN, PROGRAM OR PROJECT: None. RECOMMENDATIONS: Option 1: . In keeping with Chapter 119, the CRA could establish a more stringent interpretation on the term "reasonable" and require a status report within 48 hours of the date of the request be provided to the requester. . The 48-hour status report would provide the requester on how much additional time might be needed to provide a complete and accurate cost to produce the records and/or retrieve or redact to prepare for an inspection of records. . The records custodian could have additional CRA staff members trained on Chapter 119 Public Records and Records Retention Management Training; thus allowing the option of more than two staff members qualified to respond to public records requests. Option 2: . The CRA continue providing prompt immediate responses with readily available electronic records as is practice. . The CRA continue providing responses to all requests within a reasonable time period but no later than 72 hours provide a response to the requester as is practice. / ~~~qY~Te~ eRA . East Side-West Side-Seaside Renaissance CRA BOARD MEETING OF: February 10, 2009 - TABLED January 13, 2009 I I Consent Agenda I I Old Business I I New Business Legal I I Other SUBJECT: Approval of Updated Administrative Policy Manual SUMMARY: The following includes an update of the Boynton Beach CRA's Administrative Policy Manual, which has been in place since 2003. Changes were made to make the manual as concise and relevant as possible to -matters of an administrative nature. Please see the attached "Summary of Changes" sheet for a detailed description of all revisions made to this policy manual. A copy of the original Administrative Policy Manual is available for review at the CRA office. The Administrative Policy Manual was presented to the Board on January 13,2009 and was tabled in order for the CRA Attorney to make recommended changes. These changes have been implemented and since reviewed/approved by the CRA Attorney. Please note that in reviewing this document, the Board may notice that certain attachments are not included. These attachments have been removed from the Board packet in order to protect proprietary information, such as passwords, account numbers or any other information that may infringe upon the safety of CRA accounts. FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS: Approve updated Administrative Policy Manual. Ashley Buckley Administrative Services Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request FOlD1s by MeetingIFY 2008 - 2009 Board Meetings\2.10-09 MeetinglAdministrative Policy Manual.doc Administrative Policy Manual Summary of Changes Administration Section: . Removed Organization of Manual- repetitive information included in Table of Contents . Removed staff descriptions and organizational chart as this information 1S now provided in the Human Resources Manual . Removed the Booking of Appointments section - this procedure was established by the old Executive Director. Due to staff size, current Executive Director books own appointments . Removed Newspaper Article Procedures as this falls under the job description of the Marketing Director and is not an office policy . Electronic Communication section was updated by CRA Attorney . Added a section on e-mail account set-up . Revised Publication, Legal Notices & Legal Advertising to state that any newspaper of general circulation can be used for posting notices -- per CRA attorney . Removed Document Identification section - we do not require all documents to have a filename and path . Updated Agenda Section to include current agenda format, cover sheet format and distribution list. Also included posting of agenda to our web site 24 hours prior to meeting. . Removed Memo Format section - a memo template is provided to staff for convenience but does not have to be used. Memo formats vary according to nature of memo . Removed Interoffice CompWnt Form - part of Human Resources Manual . Removed Grants Management Section - falls under the purview of the Economic Development position Public Records: . Revised the Public Records Request Procedure to include updated information provided to us by the clerks office, also included updated Record Request form (this section was moved from Administrative to Public Records) . Updated procedure to follow protocol for Public Records management eRA Board: . Updated procedure for obtaining information from CRA Board . Removed procedure for CRA Board Rotation and Appointment - per CRA attorney . Removed procedures for quasi judicial proceedings - per CRA attorney Page 1 of 3 BOYNTON BEACH COMMUNITY REDEVELOPMENY AGENCY, FLORIDA ADMINISTRATIVE POLICY MANUAL CHAPTER: Public Records PAGES: 1 of2 SUBJECT: Request of Public Records POLICY AND SCOPE: The policy of the Community Redevelopment Agency (CRA) is to fulfill all requests for public information through a proper request format, which includes the submission by the media or party of the specified information below. PROCEDURE: The procedure for attaining publications and/or documents through the CRA is as follows: The requesting party may obtain the documents and/or publications and view them at the Community Redevelopment Agency (CRA) office or have them e-mailed or faxed without charge. Paper copies shall be furnished upon payment of .15 cents per page for one-sided copies and .20 cents per page for two-sided copies. Certification of documents shall be charged at $1.00 per document. 1. The CRA will supply a "Request for Public Record Information" form (ATIACHMENT "C") to the requesting party. Please note that it is not a requirement that this form be completed in order to provide the requester with the information. If the requester does not wish to complete and or sign the form, please fill out as much information as possible and keep it with a copy of the information provided. The form will include the following information: a. Name of Party b. Address of Party c. Phone # of Party d. Fax # of Party e. Email of Party f. Information Requested g. Signature of Requesting Party h. Date of Request 1. Employee Completing Request J. Date Completed 2. The publications and/or documents requested will be prepared by CRA staff, screened for exempt materials and held in at the front desk for pickup. 3. A copy of the Requested Information and the Request for Public Record Information will be retained in the CRA office. - 1 - T:\ADMINISTRATlYE\Administrative Policy Manual2008\2_Public Records Retention\2~equest for Public Records.doc 4. All monies collected during a request for Public Record Information should be placed 1ll an envelope and given to the finance department, along with a copy of the request for Public Record Information form. T:\t\DMI~ISTRATTVE\Admini5trative Policy Ma.nualZ008\2_Public Records Retention\2_Requcsl for Publ1c Rccordsd(\ Attachment "e" 11~~Y~T2~RA . East Side-VVest Side-Seas"lde Rena"lssance BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 915 South Federal Highway Boynton Beach, FL 33435 Tel: 561-737-3256/Fax: 561-737-3258 REQUEST FOR PUBLIC INFORMATION REQUEST SUBMITTED BY: NAME: ADDRESS: PHONE: FAX: EMAIL: INFORMATION REQUESTED: SIGNATURE OF REQUESTING PARTY: DATE OF REQUEST: EMPLOYEE COMPLETING REQUEST: DATE COMPLETED: The requesting party may request to view the documents at the CRA Office or have them e-mailed to the requesting party without charge. Paper copies shall be furnished upon payment of $ 0.15 per page - one sided and $ 0.20 per page - two sided. Certification of documents shall be charged at $ 1.00 per document. T:\ADMINISTRATIVE\Forms\Request for Public InformatiDn.docALL GENERAL INFORMATION AND FORMS\Forms, Brochures, Public Reports\Request for Public Information MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TUESDAY, FEBRUARY 10,2009, AT 6:30 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Chair Jose Rodriguez, Vice Chair Woodrow Hay Marlene Ross Ron Weiland Lisa Bright, Executive Director Jim Cherof, Board Counsel I. Call to Order - Chairman Jerry Taylor Chair Taylor called the meeting to order at 6:29 p.m. II. Pledge to the Flag and Invocation Mr. Hay offered the invocation, followed by the Pledge of Allegiance to the Flag. III. Roll Call The Recording Secretary called the roll. A quorum was present. IV. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda None B. Adoption of Agenda Motion Mr. Weiland moved to approve the agenda. Ms. Ross seconded the motion that passed unanimously. V. Announcements & Awards: A. Oceanfront Concert Series - Cricklewood - February 20, 2009 from 6:00 p.m. to 9:00 p.m. Kathy Biscuiti, Special Events Director, announced the second Oceanfront Concert would be held at Oceanfront Park, and would feature the Cricklewood Band. Parking 1 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 10, 2009 was available onsite, and continuous trolley service was accessible at Bank of America beginning 5:30 p.m. to 9:30 p.m. Food and beverages would be available. She encouraged everyone to attend. Chair Taylor noted everyone could dance to the music of the band. She thanked the Board members for their donations in support of the concert series. VI. Consent Agenda: A. Approval of Minutes - CRA Board Meeting January 13, 2009 B. Approval of Minutes - CRA Board Special Meeting January 20,2009 C. Approval of Minutes - CRA Board Special Meeting January 26, 2009 D. Approval of Period-Ended January 31,2008 Financial Report E. Administrative Policy Manual (Tabled January 13, 2009) Mr. Weiland pulled this item F. Approval to Rescind Work Order #07013.1 with Hedrick Brothers Construction, Inc. for Value Engineering Services at 211 E. Ocean Avenue G. Approval of a Commercial Fayade Grant in the amount of $15,000 to Woolbright Development, Inc for the property located at 1625 South Federal Highway Motion Mr. Hay moved to approve the agenda less the items pulled. Ms. Ross seconded the motion that passed unanimously. VII. Pulled Consent Agenda Items: (Heard out of Order) E. Administrative Policy Manual (Tabled January 13, 2009) Mr. Weiland requested a brief summary of the item. Ashley Buckley, Administrative Services Manager, explained the Administrative Policy Manual was created in 2003 and was updated, as it contained antiquated logos, Board member names, and account information. It was an internal policy for staff to use. It provided direction to staff, in the event of absences, another staff member could perform their tasks. 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 10, 2009 The following sections were discussed: The Interoffice Complaint form, part of Human Resources Manual was removed. It was clarified the Human Resources manual was a part of the Administrative Policy Manual. The update separated the policy manuals, which were still in place, and made the document more user friendly. The Grants Management Section, under Economic Development was removed. When the policy was created, an Economic Development position was contained in the organizational chart. There were four employees working at the time, with additional positions anticipated. Since then, staff compiled job descriptions and tasks, put them in one section, and made the Administrative Policy Manual handle only administrative functions. The document was similar to an operating manual. It was noted job descriptions were different from an operating manual. Ms. Buckley suggested the old manual be reviewed, as the procedures were not taken away; they were relocated to a more appropriate section. The Quasi-judicial Proceedings were removed at the recommendation of legal counsel; however, there was discussion those were the types of issues that would impact the Board, and the Board members needed to be aware of them. Vice Chair Rodriguez requested a very brief listing of the most important items changed the changes made. He also requested a list of the top five items that had the greatest impact on staff and the Board. Ms. Buckley agreed to forward them. Jim Cherof, Board Attorney, explained the preparation of the Administrative Policy Manual was a tedious task. He worked with Ms. Buckley on it and praised what she accomplished. He noted the document contained a summary of changes, which he reviewed. The Booking of Appointments section was removed. Attorney Cheraf suggested the CRA staff maintain a master calendar so Board members are able to research how staff action developed, who was involved in the process, and whom they met with. Many public organizations maintain a master calendar. The Document Identification Section was removed. Attorney Cheraf suggested the footer in the Administrative Policy Manual reflect where the document is located electronically. From a public records review, he recommended footers be used on all documents, so if a request was made, the document could be tracked. The Policy and Procedure Agenda was reviewed. The section sets the procedures for how the agenda is developed. It specifies the Executive Director would meet with each Board member to discuss any agenda questions prior to the meeting. Attorney Cherof suggested, "The Executive Director shall meet with each Board member who desires to meet, to discuss any agenda questions." The language removed the implication the Board members have a mandatory duty to meet with the Executive Director. It was 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 10, 2009 suggested language meeting with the Assistant Director or other staff in the event the Executive Director was out sick be used. Attorney Cherof agreed that would be fine. Mr. Hay commented it appeared the Board was changing a policy to match a personality and the members may not be on the Board in the future. Attorney Cherof explained not all current Board members have the same approach to preparing themselves for meetings. The Executive Director will be available to meet with each Board member, but it should not be mandated that it occur because later the policy could return, indicating the Board approved the policy but refused to meet with the Executive Director. . Changing the language to read, "The Executive Director will, mav meet. . . ." was suggested. The Public Inquiries and Citizens Complaints section was reviewed. Paragraph three reads "Reoccurring complaints, and those deemed significant by the Executive Director, will be relayed to the Board of Directors." Attorney Cherof pointed out the term "deemed significant" was subjective. There is a policy requirement to maintain a complaint log, and it was suggested staff make the log available to the Board each month. Ms. Bright requested a definition of what could be construed as a complaint. It was noted the Community Redevelopment Agency does not receive complaints often and if they do, it is of the nature of the color of Las Ventanas, or a resident was not waiting at the right location for the trolley stop. Those calls do not make it into the complaint log. Vice Chair Rodriguez responded anything that was within the Community Redevelopment Agency's control or when a resident indicates they do not agree with something, should be logged. Attorney Cherof clarified that although staff may have to respond to the complaint, the citizens hold the Board responsible and accountable. He suggested instead of the Executive Director having to select what is a complaint; just turn the sheet over to the Board once a month. After discussion, all complaints would be logged and turned over to the Board. Motion Mr. Weiland moved to approve Item E of the Consent Agenda, with the Attorney's recommendations. Mr. Hay seconded the motion that passed unanimously. Ms. Buckley would forward the information within a week. VIII. Information Only A. CRA Policing Activity Report for the Month of January, 2009 and District Statistics for the Months of December, 2008 and January, 2009 B. Boynton Beach CRA and Trolley Website Updates 4 ~ . VII. Rescission of City/CRA Human Resources Interlocal Agreement (Tabled July 13, 2010) r' ~~~qY~Te~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: July 20,2010 I I Consent Agenda I X I Old Business I I New Business I I Legal I I Other SUBJECT: Rescission of Human Resources Interlocal Agreement between the City/CRA (ILA) SUMMARY: · August 7,2007, CRA Budget Workshop request for the CRA to investigate the feasibility of sharing payroll services with the City. · August 7,2008, CRA Budget Workshop discussion to cancel the City/CRA Interlocal Agreement for Human Resource Services · December 9, 2008, CRA Board votes unanimously to cancel the City/CRA Interlocal Agreement for Human Resource Services. · Mayor Rodriguez requests City Manager prepare a proposal for providing Human Resources for CRA at annual cost of $10,175.60. · CRA staff analysis of the proposal FISCAL IMPACT: $1O,175.60perannum CRA PLAN, PROGRAM OR PROJECT: None. RECOMMENDATIONS: Not approve the City/CRA Human Resources Interlocal Agreement. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\07-20-10 Special Meeting\HR Interlocal Agreement1.doc Page 012 Harris, Susan From: Jenkins, Bobby Sent: Friday, August 17, 20079:43 AM To: Harris, Susan Cc: Bright, Lisa; Mummert, Bill; Bressner, Kurt Subject: RE: CRA Budget - Request from Board re Payroll Costs Good morning Lisa, At this point in time the City's Finance Department could not absorb the responsibility of processing the CRA's payroll. The payroll department is currently processing a bi-weekly (City Employees) & monthly (Pension Employees) payroll for approximately 1000 employees. It would be difficult and costly to set up a separate module for the CRA in our system. The process would involve not only the payroll department but ITS and Accounts Payable as well to process and issue payments (Direct Deposits) for CRA employee's insurance, pension and misc. payroll deductions. If the CRA is currently paying $70- $80 per payroll for processing it would be more cost efficient to stay with ADP Bobby From: Harris, Susan Sent: Friday, August 17, 20079:13 AM To: Jenkins, Bobby Subject: FW: CRA Budget - Request from Board re Payroll Costs Importance: High Hi Bobby, Please see below. Could you please follow up with Bill. This Issue came up at our Budget meeting and we're compiling answers to all the open issues for the Commissioners. If I need to speak to someone else, please let me know. Also. should \ copy Kurt on these emails? Thanks! Susan From: Harris, Susan Sent: Tuesday, August 14, 20075:07 PM To: Mummert, Bill Cc: Bright, Lisa Subject: CRA Budget - Request from Board re Payroll Costs Hi Bill, At the CRA Budget Workshop, one of the Board members requested that we investigate the feasibility of sharing payroll services with the City. The goal is cost efficiency. We currently pay ADP approximately $70-$80 per payroll for payroll processing. Can we please discuss. 7/15/2010 Page 2 of2 . .Th~nks, Susan Susan Harris Interim Finance Director Boynton Beach eRA 915 South Federal Highway Boynton Beach, FL 33435 Tel: 561-737-3256/Fax: 561-737-3258 Email: harrissu@ci.boynton-beach.f1.us 7/15/2010 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BUDGET WORKSHOP HELD ON THURSDAY, AUGUST 7, 2008, AT 6:00 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Chair Jose Rodriguez, Vice Chair Woodrow Hay Marlene Ross Ron Weiland Lisa Bright, Executive Director James Cherof, Board Attorney I. Call to Order - Chairman Jerry Taylor Chair Taylor called the meeting to order at 6:00 p.m. II. Pledge to the Flag and Invocation Mr. Hay gave the invocation and Ms. Ross led the Pledge of Allegiance to the Flag III. Roll Call The above members were noted as present. Susan Harris, Finance Director, explained the board had previously discussed the impact of tax reform on the budget for the next fiscal year. She explained the TIF funds they received for this fiscal year totaled $9.5M. In the new budget year it would be $8.3M, a reduction of $1.2M. Staff would be looking to the board where to adjust or cut program allocations. Ms. Harris prefaced her comments by saying they reviewed what they expect TIF revenues to be in the next four years. The projections showed TIF funds without new construction at: ./ $8.3M for Fiscal Year 08/09 ./ $7.8M for Fiscal Year 09/10 ./ $7.9M for Fiscal Year 10/11 ./ $8.3M for Fiscal Year 11/12 ./ $8.7M for Fiscal Year 12/13 The figures with new construction would be different. It was noted there was no new construction for fiscal years 08/09 and 09/10, and most construction would occur between 2010 and 2013. The revenue generated in 2010 and 2011 from new Meeting Minutes Community Redevelopment Board Boynton Beach, Florida August 7, 2008. construction would be $3.2M, in 2011/12 it would be $3.3M and in 2012/2013 it would be $3.4M. The numbers were anticipated to change, but the current numbers represented their best estimate. The CRA assessed valuation figures were lower than the City's valuations. Part of the rationale for the budget deficit pertained to the impact of not having the southern properties in the CRA District amounting to $492K. Additionally, doubling the homestead exemption for some individuals reduced the revenue as did a correction on the assessed valuations for all residential and condominium units in Palm Beach County. The Property Appraiser did not reassess commercial or industrial properties, which impacted the revenues in addition to the market decline. The CRA only had two revenue sources which were the City, about 60% and the County which provided about 40%. The $8.3M TIF revenue had some allocations in terms of debt service and other items. There were contracts with the City for projects and services. There was an existing contract with Burkhardt for maintenance for hardscapes and landscapes on Boynton Beach Boulevard for $110K The CRA also pays the City about $40K for monthly maintenance and needed repairs. The CRA wanted to reduce that cost in the next year to $50K because they felt they could make the repairs on an as needed basis and for less than what they pay Burkhardt. The CRA Police Program had a $100K reduction. The City-wide events were allocated for $451 K, which was the total cost of the events and the personnel costs. It was explained in prior years, the costs were shared with the City; however, last year the City discontinued funding those events. The Federal lobbyist fee was a shared expense with the City. The CRA, in light, of the economic environment, felt the service was not needed. Additionally, they felt the State lobbyist service should also be discontinued. An Interlocal Agreement with the City for Human Resource services was used very little. The cost was approximately $6K and it was used only for recruitment which was included in the agreement. It was suggested the commensurate cost for the service be added to the Benefits I nte rloca I Agreement and the Human Resources Agreement discontinued. There was further discussion about the Boynton Beach Boulevard Extension maintenance contract. The net proceeds of Bond 1 were $18M. The CRA paid $9M for the construction of the extension and the Promenade plus the purchase of some property known as the Hall Property which needed to be made a whole parcel to allow the construction. The debt service on that was $637K per year. When the project was constructed, the title to the property was turned over to the City and the CRA only pays for the maintenance and repair. 2 ~~~qY~T2~ eRA . East Side-West S"lde-Seas"lde Rena"lssance eRA BOARD MEETING OF: December9,2008 I x I Consent Agenda I Old Business New Business I Public Hearing " ~---~,._----_..__...- '-"-"----1 Other ______________ _J SUBJECT: Approve Rescission of Human Resources Interlocal Agreement (ILA) SUMMARY: In January 2007 the CRA and City entered into an ILA (copy attached) to pemrit the CRA to utilize the City's Human Resource services for: (1) Access to Services - participation in the annual enrolhnent benefit policies; participation in New Hire Orientation for benefits; access to City's benefit consultants; access to City's Benefit Administrator for consultation. (2) Recruitment - testing, advertising, application review; criminal background screening. (3) Records Management - personnel file management as requested by the CRA. (4) Special Projects - specific consulting services, exit interviews, reclassification analysis and HR investigations. The cost to the CRA is $6,000 per year or $500 per month exclusive of special projects and HR investigations at a cost of$150 per hour. With the exception of item (1) above the CRA was not utilizing the services available under the HR ILA. With a decrease of$1.2 million or 13% in revenue for the new fiscal year, this program was eliminated as part of the budget approved on September 2,2008. FISCAL IMP ACT: $6,000 savings in FY 2008/2009 RECOMMENDATIONS: Rescind the HR ILA Susan Harris Finance Director T:\AGENDAS. CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\12-9-2008 Meeting\Rescind Human Resources ILA.doc Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 9, 2008 Mr. and Mrs. Gayle, 12 Crossing Circle, thanked the organization for their assistance and allowing them to look forward to their "dream house." Tosi and Ian Rigby, thanked the City of Boynton Beach and the CRA for their assistance, which made a difference in their lives. They also thanked Jeff Wooster and Peggy Miller. Ms. Brooks noted of the eight houses set aside by the Homebuyers' Assistance Program, six had been sold. Great progress has been made since the Board's allocation of $400,000 last summer. She circulated photographs of the houses. VII. Information Only: A. CRA Policing Activity Report for the Month of October 2008 and District Statistics for the Months of October and November 2008 (This item would be addressed after Pulled Agenda Items.) c. Boynton Beach CRA and Trolley Website Updates D. Trolley Route Ridership Update E. Planning and Development Board Meeting Agenda - November 25, 2008 VIII. Pulled Consent Agenda Items: R. Approve Rescission of HR ILA with City of Boynton Beach Vice Chair Rodriguez noted the agreement provided for Human Resource services by the City at a cost of $6,000 per year, or $500 per month. He remarked the CRA was a small organization and did not have a Human Resources Department. He believed the CRA would benefit from the interlocal agreement with the City, as it could provide oversight, compliance and legal support. The services provided by the agreement were critical, and he would feel more comfortable with the City performing the functions. He felt $6,000 per year for the services was reasonable and believed the agreement should not be terminated. Ms. Bright explained the City Commission directed that a process be created for CRA staff to have access to the City's Human Resource services. During the budget cycle, CRA Staff requested the agreement be rescinded. The Board concurred, as CRA staff utilized the services of independent Human Resource consultants rather than the City's services. No new hires were planned for this year and positions had not been funded. If the Board felt the agreement should not be rescinded, CRA staff would be forced to pull $6,000 out of the contingency fund. 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 9, 2008 Chair Taylor noted it appeared the CRA did not utilize the City's Human Resource services and as such, he was in favor of rescinding the agreement. Vice Chair Rodriguez reminded the Board of previous personnel issues at the CRA including challenges with the former CRA Director, former Chief Financial Officer and two administrative assistants who were given severance packages after very short periods of employment. He also noted when the Board granted an unbudgeted increase to the Executive Director, no questions were raised about dipping into the contingency fund. Ms. Bright pointed out none of the individuals referred to had ever filed a complaint against the CRA for improper hiring or firing practices, and none sought unemployment compensation at the expense of the Agency. The CRA followed the recommendations of the Board Attorney at the time. Vice Chair Rodriguez inquired whether City services were utilized in hiring the temporary Administrative Assistant. Ms. Bright replied in the negative, adding an advertisement for the position had been placed in the newspaper. Mr. Hay concurred with Chair Taylor and believed the agreement should be rescinded. Ms. Ross noted she had been satisfied with the explanation provided by the Executive Director. Mr. Weiland believed if funds were not projected for hiring this fiscal year, the issue could be considered during next year's budget cycle. Chair Taylor reiterated his support for the Executive Director's recommendation and had no objection to rescinding the agreement. Motion Mr. Hay moved to approve Item R. Ms. Ross seconded the motion that passed unanimously. S. Approve Revised Benefits lLA with City The agreement allowed the CRA to utilize the City's benefit plans for medical, dental, vision and life insurance coverage. The monthly cost to the CRA was $8.20 per employee, or $73.80 for nine employees, at an annual cost of $885. Motion Ms. Ross moved to approve. Mr. Hay seconded the motion. Bob Brown, 701 South Seacrest, inquired as to the administrative costs for insurance. The Finance Director was not present, and Ms. Bright suggested Mr. Brown call or visit the CRA office, and she would provide specifics to his questions. He inquired about full- 6 Boynton Beach City Manager's Office Memorandum To: Mayor Jose Rodriguez From: Kurt Bressner City Manager Date: July 1, 2010 Re: Human Resources Services for CRA As a follow-up to your request, I have researched the files on the past agreements with the CRA to perform Human Resource services by the City for the CRA. Resolution 06-059 - Agreement to Permit CRA to Utilize City Benefit Plans -- This agreement is still in force and was modified by Resolution 09-002 to include the costs of the City's external benefit consultant. Comment: It is probable that the City will be changing Health Insurance carriers for Fiscal 2010-2011. The agreement must be modified to reflect new costs and carrier change. No other issues are anticipated with this agreement. Resolution 07-12 Agreement with CRA and City for Human Resources Services - This agreement was approved by the City and the CRA in February 2007 and was rescinded by the CRA Board on December 9, 2008. The scope of services under this contract included: a. Participation in City's Open Enrollment Program for Benefits (this appears to be duplication of services in Resolution 06-059 as amended by Resolution 09-002 b. Recruitment Services c. Records Manager - Personnel file management upon request of the CRA. Our files indicate this was never utilized. d. Other - Access to HR staff for Day to Day questions e. Projects such as exit interviews, reclassification analysis, human resource investigations f. Training - Access to all City based training programs for CRA staff. The cost of the services per this contract was $500/month for services a, b, c, and d above; $150/hr for services listed under e above and a student cost of $50/per employee per class for services listed under f above. You have requested whether the City is in a position to offer services to the CRA again. The answer is yes. If this is to be considered, I would recommend that the services currently being provided per Resolution 06-059 as amended by Resolution 09-002 be folded into a new master agreement. The services that the City can provide would be as follows: Participation and administration of health insurance program Payroll Services including deferred compensation (Direct Deposit) Sick and vacation leave management (part of payroll) Recruitment Services Records Manager - Personnel file management Position Control Other - Access to HR staff for Day to Day questions HR projects such as exit interviews, reclassification analysis, human resource investigations Training - Access to all City-based training programs for CRA staff We have not developed cost estimates for these services pending review of the concept by interested parties. I believe that the costs will be similar to the 2007 agreement with provisions for additional services for Payroll and Leave Management. 2 Mayor Rodriguez: Per your request, we've provided a more detailed breakdown of cost estimates for HR & Finance Services. Since you will be bringing this up at tonight's meeting would you like me to distribute a preview copy of this email and Kurt's original memo to the remainder of the Board? 1 ) CRA currently Dayina (via two agreements- R06-059 & R09-002) that would need to be folded into a new "master" aareement: Those agreements include charges based on 9 employees per month as follows: . $8.20 per employee monthly for a total of $73.80 a month ($885.60 annually) for benefit consultants Willis of FL (R09-002) . $10 per employee monthly for a total of $90 a month ($1,080.00 annually) to utilize existing City benefit plans and access to the Benefits Administrator for questions (R06-059). 2) Resolution 07-012 - Rescinded by CRA in 12/08: $500/month Dlus one time start UD fee for Dersonnel records DreDaration ($250): . Human Resources Administration including internal consulting and access to staff for personnel related questions bye-mail, phone, or scheduled appointment for day to day H.R. related questions; . Recruitment including posting vacancies on the City's web site, advertising, applicant tracking, clerical testing, screening, of applicants, participation in the interview process, assistance with scoring candidates, background checks, scheduling pre- employment physicals (cost charged by vendor for advertising, background check and physicals to be paid by CRA); · New Hire orientation including assistance with payroll related paperwork, acknowledgement of receipt of policies, Workers Compensation presentation, a benefits overview and assistance with the completion of enrollment paperwork etc.; · Benefits including participation in City's health plans, the annual open enrollment, wellness initiative programs, attendance at City's wellness fairs, Commit2bFit presentations etc. · Organizational development/training, access to City-based training programs for CRA staff (a $50 fee per class will be charged, which is also charged to the departments for City employees who attend the classes); · Document imaging, records management and responding to personnel related records requests, employment verifications; . Position control maintenance. This list is not all inclusive, but it includes a good basic overview of the Human Resources Services we can provide. We welcome the opportunity to do so. NOTE: The monthly fee of $500 charged previously is sufficient provided the $150 per hourly fee remains for special projects such as pay and class matters, responding to personnel related surveys and H.R. investigations. Further, we recommend a one time start up charge of $250 for the personnel file management for the time involved in the initial preparation of the personnel files, which includes redacting the files, the creation of Laser Fiche files, the assignment of passwords for security purposes and scanning. Although this service was offered under the previous contract, the CRA staff did not utilize it. 3) Payroll & Leave Time Manaaement - Setup charge of $280 plus monthly fee of $140 _ CRA currently NOT under contract for these services: Initial Setup-Create setup in H T E for CRA: (Setup pay codes, tables, accrual rates, direct deposit info, bank info, etc.) 8 hrs @ $35/hr $280 Monthly Costs-processing payroll for 9 employees: (IRS tax payments, quarterly 941 Report, Yearly W-2 processing) 4hrs @ $35/hr $140 NOTE: This assumes that the City will not need to have any programming done to the existing payroll system, if so there may be additional charge. This also assumes that all CRA employees are on direct deposit and will receive their direct deposit paystubs by "online paystub service", as the City is in transition phase to have employees receive their direct deposit form online versus paper copy SUMMARY OF ANNUAL COSTS: to Continue with services outlined in #1: 1,965.60 .. Reinstitute services in #2 (including personnel file management): $ · a) Setup/Prep of Personnel Files (one time charge) $ 250.00 · b) Monthly charge $500/month x 12= $ 6,000.00 · Add services outlined in #3 (payroll & leave management): · a) Setup of records (one time charge) $ 280.00 · b) Monthly charge $140 x 12 = i 1.680.00 Estimated Total: $10,175.60 Staff recommends the CRA provide some contingency funding for specialized HR services as stated above in #2. All of the above services can be rolled into one new Master Agreement. Our HR Director, Sharyn Goebelt and I will attend the CRA meeting tonight to answer any questions you or the Board may have. Lori Lori LaVerriere Assistant City Manager City of Boynton Beach Phone: (561) 742-6010 Fax: (561) 742-6011 lave rrie re1(a),ci. bovnton- beach.f1.us Payroll Cost Using City as Services: Setup Fees Annual Recurring Costs Current Payroll Costs: Benefits Consultant & Plan ADP Charges (87.51/payroll ; 26 per year) Total Cost of Inhouse Payroll Currently Net Increase in Cost for City to do Payrolllrl 15t Y 88, Net Increase In Cost for City to do Payroll in 2nd Year and thereafter $ 580.00 9,595.60 10,175.60 1,965.60 2,275.26 4,240.86 $ 5,934.74 $ 5,354.74 In Boynton, two options: Bring eRA under city staff, or suspend agency director. By THE PALM BEACH POST Posted: 6:39 p.m. Monday, July 19, 2010 Due to the fact that I've been consistently attacked by the media, I'd like to address today's Editorial in the Palm Beach Post and dissect these one- sided and unfair allegations for the public, to set the record straight. 1. The CRA director has sued the city over its response to her public records request. . Yes, there is pending litigation with the City, which is a direct result of the City's NON-RESPONSE to my public records request. . While the CRA Director has been held to standards of immediate responses or 24 hours to respond after 12 days with no response- only after the threat of a lawsuit was a response provided but no records. 2. I refused to let the mayor and a citizen (Herb Suss) into the agency's office; to inspect public records: . This is correct and the reason is three-fold: . #1) The resident, Mr. Suss, was banned from our building due to his aggressive behavior toward staff in our office on June 10th. . #2) Although Mr. Suss' request was attended to by CRA staff in a reasonable and timely manner, the records sat waiting for inspection on our conference table for 20 days. However, Mr. Suss simply could not find a time that was convenient for him which matched staff hours. . #3) I have an outstanding battery complaint against Mayor Rodriguez and did not feel it was in my limited staffs best interest to allow him into the building given his heightened state of emotions during his un-scheduled appearance at our office. 3. Ms. Bright said she joined the board of Strategic Broadcast Media Group, but left in February when Strategic focused on raising $4 million: . That is correct. 4. Corporate records, however, date her departure to July, after the matter had been raised publicly: . The reported date of my departure is inaccurate due to an Administrative oversight on the part of Strategic Broadcast. . I left the organization in February of 2010, and have the statements here as proof. (HOLD UP LETTER) 5. Ms. Bright also never told the commission of her involvement: . I sit on various boards, both personally and professionally. . For example, I sit on the Marina Village Master Association Board. 6. Strategic's president, Joseph Ferrer, received $170,000 over three years for work at the annual downtown holiday event: . It is important to point out the incorrect implication that Mr. Ferrer was paid to "Strategic'. He wasn't. . Mr. Ferrer's company, Sunset Entertainment, was contracted by the City of Boynton Beach and the CRA for bundled services - and was approved by the board of directors as part of the annual budget. . The services covered by the amount quoted covered all expenses including talent fees, staging and lighting, accommodations and travel. 7. Ms. Bright also has listed Mr. Ferrer's home as her own. In an interview, she claimed that she never lived there, using his address to help her daughter attend a middle school outside of her assigned zone. · This is correct. I did this because I have a special-needs child who required care of special health programs in this school zone. · It is unfortunate that this wasn't reported in the Post as I explained it to the Editors in detail. 8. Ms. Bright and the CRA's second-ranking employee have started a company together, raising questions about how they spend their city time. . This is correct. The company was incorporated on March 12, 2010, two days after the Mayoral election. . I have not received any financial compensation for this newly-formed company, nor have I used CRA-time for these endeavors. 9. Ms. Bright may have damaged her credibility beyond repair: . Incorrect. The Post is attempting to damage my credibility by their one- sided reporting and personally attacking me in their newspaper by printing a statement like that. . I was hired by the CRA in 2005 specifically because of my credible reputation and stellar contacts within this community. . Because of these valuable relationships I have been able to successfully launch an award winning CRA in less than five years. 10. If commissioners believe, nonetheless, that Ms. Bright deserves to stay, they could hand oversight of the CRA to the city manager, until alleaations aaainst Ms. Briaht are investiaated??? . The immediate question raised is: What would be investigated? · Perhaps the real question needs to be, why we continue to waste precious time and resources investigating CRA operations during a time of great economic loss. · These fabricated charges against my personal character thwart the true objectives I was hired to do - which is to redevelop the downtown area of Boynton Beach, and that has always been - and will continue to be - my mission. wv,,\v.sunbi/..llrg - Department of Stat~ Page 1 01'2 @ Home Contact Us E.Filing Services Document Searches Forms Help Events No Name History !Entity Name Search Submit I PrevIous on List Next on list Return To List Detail by Entity Name Florida Non Profit Corporation STRATEGIC BROADCAST MEDIA GROUP, INC. Filing Information Document Numbor N09000006625 FEI/EIN Number 270505909 Date Filed 07/07/2000 Stolte FL Status ACTIVE: Effective Ocate 07!07/2r:Y:flJ Last Event AMENDMENT Event Date Filed 02/22/2010 Event Effective Date NONE ?,. L~--<-- '- ___, v1 , I ...:;:. ".~ .cl~al Ad d r~SS---'\ 1420 N. SWINTON AVENUE DELRAY BEACH FL 33444 .. 9 Address 1420 N. SWINTON AVENUE DELRAY BEACHFL 33444 /~eredAge~~y- FERRER, JOSEPH E 1420 N. SWINTON AVENUE / DELRAY BEACH FL 33444 US .--/ . Director Detai /' j------ J I AcJJ o-~,-<"5J <. 1'1 1-..((. ;.tv Name & Address Title PRES FERRER, JOSEPH E 1420 N. SWINTON AVENUE DELRAY BEACH FL 33444 Title EXVP MATIS, CLIFFORD 17663 FOX80ROUGH LANE BOCA RATON FL 33496 I~--:-=~ "BRIGHT, LISA ) 915 S. FEDERAL HIGHWAY BOYNiON BEACH FL 33435 C- (l. A- /e ()"? 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C n M _. t:O o n p; ~ V'J p; ::t. ~ 8 n =- ::I o 0 _. 3 r:3 ~ n 'JJ 8 ('j '"1 ~ - < n re o ::I ::I P- o... ..... C 'JJ n =- M o '"1 - CJ o ........ 0... n o p; V'J M . C/'J "Cl '"1 -. ::I CTO V'J ~ t:j :!. ;; o ::I V'J ~ ::;1 ro p; 'JJ C '"1 ro '"1 --- ~ C/'J ro n '"1 ro M p; '"1 '-< --- o "Cl ro '"1 p; t:O '"1 o p; 0... n p; V'J M _. ::I CTO n o ::I V'J C ........ M p; ::I M · 0 ro -- 3: ~~ ;; ---., ('j t:O ....... ro ..... p; :;s n o ::J '"':t p- 3: ~ ,..;. ..... 'JJ ~ tT:I ~ -< -. n ro '"0 '"1 ro V'J _. 0... ro ::I M --- C/'J C ::I V'J ro M tT:I ::I M ro '"1 M p; S. S ro ::I r-t CJ '"1 o C ~ :r t:j ro :":! V'J ~ 5.:. 0 ro 'JJ ::I re M "tj -=- n "Tj tT:I re o '"':t '"':t re '"':t >-< ::I n . ~ '"0 '"1 ro V'J -. 0... ro ::I r-t --- ~ o )> ::a c o ." C - ::a m n r vv:' JV-\~':-'l;-\'\..t:""~ y ,: .'~l~LLU~L K.t: r-- age.!.. U1 .) Kurt BressneL Cit) Manag~r City of Boynton Beach. 100 E. Boynton Beach Blvd. P.O. Box 310, Boyn10n Beach. FL 33425-0310 (561)-742-6010 (oflice) or (561) 436-2328 (cell) http://www.bovnton- @ be3ch.t2[g From: Victoria Castello [mailto:victoria@ccin,com] Sent: Tuesday, July 06, 20106:02 AM To: Cherof, James; Bressner, Kurt Subject: TRANSPARENCY I DISCLOSURE Good Morning City Manager Kurt Bressner and City Attorney/CRA Board Attorney James Cherof, I wish to commend the TRANSPARENCY we have in our City. Our City Commssion Agendas' with Backup, the timely online Audio of the City Commission meetings and the recorded Minutes give any citizen who wishes to be informed the means to do so. In this area we are truly the best. ! Regarding DISCLOSURE, City Attorney emailed, ".... I limit my response to questions that come from the City Commission members and the City's administrative staff...." If you wish, by separate email, I will explain the process by which I learned: "Incorporated by Clifford Matis, Joseph E Ferrer, Lisa Briqht, Mary Wong, Strategic Broadcast Media Group, Inc. is located at 1420 N Swinton Ave Delray Beach, FL 33444. Strategic Broadcast Media Group, Inc. was incorporated on Tuesday, July 07, 2009 in the State of FL and is currently active. Joseph E Ferrer represents Strategic Broadcast Media Group, Inc. as their \' registered agent. Source: Public Record data - Department of State - Division of Corporations". When I checked via the Department of State - Division of Corporations' website http://www.sunbiz.org/index.html I learned she was our CRA's Executive Director Lisa Bright because the address shown is the CRA office. ---- The attached Power Point presentation was presented and later distributed by Clifford Matis, Joseph E Ferrer, as a brochure/handout, to those who attended the WXEL Forum held at our City Library on June 29th. Lisa Bright's name is not shown thereon. Commissioner Orlove was there and received one also. I did inform him of what I discovered. Our City's reputation has suffered in the media lately. The favorable "WXEL Story" I was hoping to write on my blog, www.bovntonbeach.com/news was not written. Instead I wrote an "open letter" to our elected officials regarding another matter... THE REPUTATION OF CITY OF BOYNTON BEACH....and sent them an emaii informing them of my blog entry. Email copies were sent to the members of the Heart of Boynton Beach Committee of which I am a member. http://webmail.aol.com/32213-111/aol-6/en-us/mail/PrintMessage.aspx 7/18/2010 2010 NOT -FOR-PROFIT CORPORATION ANNUAL REPORT ./// FILED (" Jan 14, 2010 DOCUMENT# N09000006625 Secretary of State \~- ~ Entity Name: STR,A,TEGIC BROADCAST ~v~EDIA GROUP, INC. Current Principal Place of Business: New Principal Place of Business: 1420 N. SWINTON AVENUE DELRAY BEACH, FL 33444 Current Mailing Address: New Mailing Address: 1420 N. SWINTON AVENUE DELRA Y BEACH, FL 33444 FEI Number: 27-0505909 FEI Number Applied For ( ) FEI Number Not Applicable ( ) Certificate of Status Desired ( ) Name and Address of Current Registered Agent: Name and Address of New Registered Agent: FERRER. JOSEPH E 1420 N. SWINTON AVENUE DELRAY BEACH, FL 33444 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date OFFICERS AND DIRECTORS: Tille: Name: Address: City-St-Zip: PRES FERRER, JOSEPH E 1420 N. SWINTON AVENUE DELRAY BEACH, FL 33444 Tille: EXVP Name: MATIS, CLIFFORD Address: 17663 FOXBOROUGH LANE City-St-Zip: BOCA RATON, FL 33496 "-_.~~~~ 915 S. FEDERAL HIGHWAY . BOYNTON BEACH, FL Tille: Name: Address: City-St-Zip: TREA WONG, MARY 6600 N. MILITARY ROAD, C-440 BOCA RATON, FL 33496 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legClI effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowerea to execute tnlS report as required by Chapter 617, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: JOSEPH E. FERRER Electronic Signature of Signing Officer or Director PRES 01/14/2010 Date . .. if ~~:;~~'~'irectors ente'r the title and name of each officer/director bein r moved and title. name. and address of each @fficer and/or Director bein~ added: (Attach additional sheets. ifnecessary) ~ ~ Address Type of Action o Add o Remove o Add o Remove o Add o Remove E. If amendinl! or addin!!' additional Articles. enter chanl!e(s) here: (attach addilional sheelS. if necessary). (Be specific) Article Number VIII - Organizational Purpose This corporation is organized and shall be operated exclusively for charitable and educational purposes, and within the goals of educational and cultural public broadcasting. Without limiting the foregoing, the mission of this corporation shall be to produce and to acquire television and radio programing of community value and to combine these programs into a nonprofit media service of the highest quality for broadcast. Article Number IX - Distribution of Assets upon Dissolution In the event of a dissolution, the residual assets of the organization will be turned over to one or more organiztions which themselves are exempt as organizations described in sections 501 (C) (3) and 170 (C) (2) ad the Internal Revenue Code of 1954, or corresponding sections of any prior or future law, or to the Federal, State or Local government for exclusive public purpose. Article Number X- The effective Date af the Corporation shall be 07/07/2009 Page 2 of 3 Th~ d~te of each amendment(s) adoption: Feb.12, 2010 (date of adoption is required) Effective date if applicable: Feb.12,2010 (no more than 90 days ajier amendment file date) Adoption of Amendment(s) (CHECK ONE) o The amendmcnt(s) was/were adopted by the members and the number of votes cast for the amendment(s) was/were sufficient for approval. o There are no members or members entitled to vote on the amendment(s). The amcndmt:nt(s) was/were adopted by the board of directors. chair an of the board, president or other officer-if directors , by incorporator - if in the hands of a receiver, trustee. or lary by that fiduciary) Dr. Joseph E. Ferrer (Typed or printed name of person signing) President (Title of person signing) Page 3 00 : ; - '- .. -' ..i4A.' !' :. ", Artictes or Amendment to . Article!! of Incorpor-&taon or jA~. .y\~. .~~:. (..e, {!:9- ~'~x-. ~ ~.1': /: ~ ,.I'>.-P,C- " V'f'-_ ' .. \ \:f':;O!;.' ..9 .~ A'" .... ........;p ":':Cr:. (",'" .,. ~:;;~ .-"' ~-..." v.; 01:-. - ~ }" Strategic Broadcast Media Group, Inc. (r!lm ofCoroorllltioD {ll CJlrrentlv O!eq with the f'oridILOept. of State) N09000006625 (Document Number ofCorporatfon (if known) Pursuant to the previsions of section 617.1 :'>06, Florida Slututes, rhis F1orid.l Not Fur Profit CfJl'pmofitm adopts the following Eimendment(s) to its Anicles oi ]ncorporatio~. . . A." Ihmend6ntz name. cater the new alme or t~e tomoratkm; .- The new name must be distinguishable and contain the word . 'corporation " or "incorporated" or rhe abbreviation "Corp." 0'. " Inc, " "ComlXm\J" or "Ca." may ntJtM used I" Ihe nllmf.. B. Enter new urincinal orne, addres.. if IIPollcable: (Prine/pili o.fflc~ address MUST BE A STREET ADDRESS) c. Enter new maIDnl .ddreAs. If aoolicable. . (.1tfillling udttnS!l Mil Y BE A paST OFFICE BOX) --~- D. If ~mendlnl! the rellillter'cd II!cnt ftnd/or re2istered office adtJrCl;!! in FlorIdi. enter the nam!; of the new rMi.t~red'lIl!ent ,uld/or the new reltiJtcred office I1ddres~i ,^lame qf New Revisit~cd A2tml: ~ .- ~ New Re~islert:d Office Addres,~: iF/or-ida streef addres.v) . Florida__ (Zip Codt:) (City) Nn' Relliatered Avent's S..nature. if chanidna Rejisterr-d Alent: 1 hereby accept the appointment as registered agent f am familiar wi'lh and accept the obligations of the posifion. 0 r " Signature oj NewjR Page 1 QfJ ~ -r ". " .::; .4. .~ I - . . I :..'ihm~pdlnl the OfneerJlnd/Qf DfrectoN. enter th,~JWe aM n~e-!!: ::~~O~::~d!redGr beiaj .' Ciimuved And drl,. name. and .ddrelS or each Officer anQio; DI__ cto,_ ...;..;t_1! _____: '(Af/ach additional sheets, ifnecessary) :., . '17 ~ 'Ms.. .~ _Usa BrigJ11 (Sec~tary) Add,"", Tvpe of Action' 915 S. Federal Highway Boynton aeaab. FI 33431\ o Add o Remove Mr Tom Cavendish (Secretary) 12037 NW 1st ~nM1l Sprlngo; ~l ~::ln71 !ZJ Add o Remove Ms Mary Wong (TreasurarL 8800 N Military ROlolld C440 Bn~" RAtnn ~I ~~QB o Add III Remove E. lhmendtofl or addlDI[ additional Articles. enter cbanl.'!els) here: (attach additional sheets, ifnecessar); (Be specific) '. I. '- : i Page 2 of 3 ctV/ . - ;.._' ,FLORIDA DEPARTMENT OF STATE ':lf~' ), DmslOJIT m e01!PORATIONS 5ni1J,rJ!:' i ~ .-----:z--, ?:_ vvww.sunbiz.org .. Department of State Home Contact Us E-Filhig Services Document Searches Forms Help Prev;ous on List Next on '.Ist f~eturn To Ust IOfflcer/RA Name Search Submit I [,ver:ts No Name History Detail by Officer/Registered Agent Name -omrn--PTofit-c.or.QO r.ati 0 n k-~ BRIGHT REALTY, IN~ Filing Information Document Number P05000034054 FEI/EIN Number N/A Date Filed 03/04/2005 State FL Status INACTIVE Effective Date 02/25/2005 Last Event ADMIN DISSOLUTION FOR ANNUAL REPORT Event Date Filed 09/14/2007 Event Effective Date NONE C" ,...(.. C> ~,,,.,(... ------- .~ r ::;-:e:. .-1 -<" v {-< t/ Principal Address S 1/1 I'V\ <... A> ~ Mailing Address 1420 N SWINTON AVE DELRAY BEACH FL 33444 Registered Agent Name & Address BRIGHT, LISA A 1420 N. SWINTON AVENUE DELRAY BEACH FL 33444 US Officer/Director Detail Name & Address Report Year Filed Date 2006 05/01/2006 Document Im<!9.e~ [J~i/01/2006 .,. ANNUAL REPORT Viewimage inPDF format View image in PDF format i .J Note: This is not official record. See documents if question or conflict E.reV~Q~lS or" L.~ NS2::t on Lilli r~etum Te List ------ jOfficer/RA Name Search Submit! , I~ No Name History Page 1 of 1 @ http://sunbiz.org/scripts/cordet.exe?action=DETFIL&inCL doc _number=P05000034054&in... 7/13/2010 www:sunbiz.org - Department of State Page. on (j;) Home Contact Us E-Filing Services Document Searches Forms H EveDJs Name Hi:;tQry Entity Nam [ Sut Previous on List Next on List Return To List Detaii ~y Entity Name Florida Profit Corporation SUNSET ENTERTAINMENT GROUP, INC. Filing Information Document Number P97000019439 FEIIEIN Number 593418805 ,6 (; h IV4<.-- I u..-" ( i'\ () r f' /,,\; >"\1> ..? ..J.- I 0" ,j C I"" fr "\ ",;/ Date Filed /"\') In') I~ nn7 U.."J/VI.J/I\;J;;;.!1 State FL Status ACTIVE Last Event CANCEL ADM DISS/REV Event Date Filed 10/21/2009 Event Effective Date NONE Principal Address '1420 N. SWINTON AVENUE""------ DELRAY BEACH FL 33444; I Mailing Address 1420 N, SWINTON AVENUE DELRAY BEACH FL 33444 Changed 10/21/2009 istered A ent Name & Address 5-,1 .- --<.. Ii tl _ /' c.h::~ t/.c '? S ~2~/" '- +, A ~ L-A (L.. iY~". r RRER, JOSEPH E 1420 N. ENUE DELRAY BEACH FL 33444 Officer/Director Detail Name & Address Title PRES r-.....~r-.r-r-. .,.......,-..r-r-\, , r- it:KKt:K, JUvCin c 1420 N. SWINTON AVENUE DELRAY BEACH FL 33444 Title STD FERRER, MARJORIE http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inCL doc _ numbel-P970000 194... 7/13/2010 vVw\v.sunbiz.org - Department of State 1420 N. SWINTON AVENUE DELR..\y BE.A,CH FL 33444 Annual Reports Report Year Filed Date 2008 05/02/2008 2009 10/21/2009 2010 03/01/2010 Document Images 0:3/0J 120JO ..=.:.,~N NlJ,t,.U3E: PO 81 lQ!2JL2Q.Q.9--=-:.BE:LN~I.6TE:JVLE:JiT 05/02/2008. .:.-AN NlJALRE:PORT 01/0$/2007.:.=.. ANNlJAL BE:POBT 04/28/2QOf3:=ANN l)AI.- REPOBT 04/28/200:s::.6NNl)AI.-EEPQRT Q1L2.E3/2QQ1.::.L:"N.Nl).,t,.L,RE:E.QRI Q:3/1Z120Q.3..:=A.N.N.VALRE:J=:.08T 02/27/2002 -- ANNuAL REPORT 02/20/2001 -- ANNUAL REPORT 02/07/2000 -- ANNUAL REPORT Q2J26/1$$S1:: 6NNUAL,JSE:POfU OJ/QZ!l.$$$=.:Nflill? Gb.f1ng~ 02/10m~~L::- A.N N UAI.-..RE:POR_T Q.:3/~DDS1.9-"Zn.::::-'2Q.m?~Jig_PLQ.fit Ar11c2le~ [ [ [ [ ( [ [ r L . .L )1 ,1(, / View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format 1 .. View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format ] I" [ [ [ [ [ [ Note: This is not official record. See documents if question or conflict. Previous on List Next on List ReturoIQI.-ist Events Nelme History I Home I Contact us I Document Searches I E-Filinq Services I Forms I Help I COPYright (co; and Privacy PoliCies State of FlOrida, Department of State P2.:;e 2 0:: 2 c/.., Entity Narr I Sui http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~ doc number=P970000194... 7/13/2010 Sunset Entertainmen.t Group Inc. 1420 North Swinton Ave. Delray Beach, Florida 33444 Phone; (561) 276-8085 Fa;r: (561) 276-8740 Mobile: (561) 315-2800 r CONTRACT # 100406 Agreement made this date, Wed, Oct.4, 2006 by and between Sunset Entertai1l1nellt (hereinafter referred to as Artist/ Producer) and (C.R.A.) Community Redevelopment ACenClI of BOlmton Beach, FL (hereilUifter referred to as Purchaser). It is understood and mutually agreed that the Purchaser engages the Artist to perfonn the foll(!Wing engagement upon all the tenlls and conditions hereinafter set forth: Artist (5) Show 1 Show 2 enlstal Gallle Laml Gatlin & The Gatlin Brothers VENUE: Old High School Locatio1l 129 East Ocean Avenue Boynton Beach, FL 33435 (561) 742-6780 DATE (S): December December 9111 2006 Saturday 7:00 PM 9th 2006 Saturday 8:30 PM TIllS IS A RAIN OR SHINE EVENT 60 m;n set 60 min set CnJstal Gayle The Gatlin Brothers TICKETS: Quantity: 2000 Gross Price: N/A Comps; N/A Deductions: N/A Price: N/A GP: $0.00 Tax Net: $0.00 Capacities per Sh(!W: Total tickets: 2000 Merchandising Artist sell: yes Build sell: N/A No. Days/Shows: one (1) Load In time: 5:00A.M Sound Check time: 12:00-1:00P.M. Doors Open: 3:00P.M. Show time (s): 4:00P.M. Ages: N/A Curfew: N/A TERMS: CnJstal Gayle... Thirty Thousand Dollars U.S. ($30.000) Plus one (1) suite and nine single (9) rooms Larry Gatlin & The Gatlin Brothers... Thirty - Five Thousand Dollars U.S. ($35.000) Plus three (3) suites and five single (5) rooms PLUS N/A % TBA of the Gross Box Office Receipts after all approved and documented expenses and taxes. ADDITIONAl.., Purchaser shall provide and pay for, as per Artist's specifications and approval, at no cost to Artist any and all budget / rider requirements...sound, lights, catering needs, and ground transportation. PROVISIONS: Artist has the right to cancel this appearance within 30 days of show due to a major motion picture, Broadway show, or television series. P A YMENTS~ Thirty-two Thousand Five Hundred Dollars ($32,500.00) U.S. deposit to Sunset Entertainment Group Inc. by certified check or Money Order only due by Wed. Nov. 1, 2006. I The balance of the budget and guarantee shall be paid to Artist/Producer immediately prior to the performance via cash, certified/cashier's check or money order to: Sunset Entertainment Group Inc. Prior to the first performance. It is expressly understood by the Purchaser(s) and the Artist who are parfl) to this contract that neither that Sunset Entertainment Group, Inc. nor its officers or its employees are parties to this contract in Ilny capacity and that neither Sunset Entertainment Group Inc. nor its officers or its employees are liable for the perfonnance breach of any provisions contained herein. It is expressly understood by the Purchaser and the musician(s) who are parties to this contract that neither the Federation nor the Local Union are parties to t'lis contract in any capacity except as expressly provided in the p7.evious paragraph and, therefore, that neither the Federation nor the Local Union shall be liable for the performance or breach of any provision hereof All other terms and conditions of Artist's engagement and seruices hereunder are set forth in the Standard Tenns alld Conditions attached hereto as Exhibit" A" and "B" which Standard Tenlls and Conditions are by this refermce incorporated herein alld made a part of this Agreement. This contract shall not be binding unless signed In) all parties hereto provided however, that the failure to sign this agreement shall not subject Sunset Entertainment Group IlIc. to any liability. Should any Rider, Addendum and/or Expense sheet is annexed to this Agreement iflthey shall also constitute a part of this agreement all the date first above writtell. IN WITNESS VVl-lEREOF, the parties hereto have hereunto set their names and seals on the day and first above written. x /~(P Date "PURCHASER" Com edevelopment Agency Boynton Beach, FL , /~00 Date 915 South Federal Highway Boynton Beach, FL 33435 561-737-3256 Fax: 561-737-3258 CONTACT: Lisa Bright 2 Sunset Entertainment Group Inc. 1420 North Swinton Ave. Delray Beach, Flon'da 33444 P}lOne: (561) 276-8085 Fax: (561) 276-8740 Mobile: (561) 315-2800 CONTRAcr # 092607 Agreement made this date, Friday, September 26, 2007 by aIld betwew SUllset Elltertainmellt (hereinafter referred to as Artist! Producer) and (c'R.A.) Comlllfmitll Redevelopment Agenclf of Balm/on Beach, FL (hereinafter referred to as Purchaser). It is ullderstood and mutually agreed that the Purchaser CIlgages the Artist La pelf01'ln the following engagement upon aU the terms and conditions hereinafter set forth: Artist (S) Show 1 rrTiree (]Jog Wiglit VENUE: Old High School Locatioll 129 East Ocean Avenue Boynton Beach, FL 33435 (561) 742-6780 DATE (S): December 1, 2007 Saturday Between 7:00 tllm 10:00 PM THIS IS A RAIN OR SHINE EVENT 90 min set TiCKETS: Quantity: 4000 Gross Price: N/A Camps: N/A Deductions: N/A Price: N/4 GP: $0.00 Tax Net: $0.00 Capacities per SllOW: Total tickets: 4000 Merchandising Artist sell: yes build sell: N/A No. Days/Shows: aile (1) Load In time: 5:00A.M Sound Check time: 12:00-1:00P.M. Doors Open: 3:00P.M. Doors Open: 3:00P.M. Show time (s): 7:00P,M. Ages: N/A Cwfew: N/A TERMS: Forty -Three Thousand Dollars U.S. ($43,000) Flat Guarantee Four Suites and Six single rooms plus ground transportation from airport to hotel and to venue. ADDITIONAL Purchaser shall provide and pay for, as per Artist's specifications and approval, at no cost to Artist any and all budget I rider requirements. PROVISIONS: Artist has the right to cancel this appearance within 30 days of show due to a major motion picture, Broadway show, or television series. P A YMENTS~ Twenty-One Thousand Five Hundred Dollars ($21.500.00) US. deposit to Sunset Entertainment Group Ine. by certified check or Money Order only due by Monday. Oct. 29, 2007. The balance of the budget and g-tlarantee shall be paid to Artist/Producer immediately prior to the performance via cash, certified/ cashier's check or money order to: Sunset EntertaL."Jllent Group Inc. it is expressly understood by the Purchaser(s) and the Artist who are partl} to this contract that neither that Sunset Entertain111wt Group, Jnc. nor its officers or its employees are parties to this contract in any capaci~1 and that neither Sunset Entertainment Group Inc. IlOr its officers or its employees are liable for the pelformance breach of any p1'Ovisions contailled herein. It is expressly ullderstood by the Purchaser and the lIlusician(s) who are parties to this contract fllat neither the Federation 1101' the Local UlIiOl! are parties to this contmct in any capacitl} except as expressly provided in the previous paragraph alld, therefore, that neither the Federation nor the Local Union shall be liable for the performance or breach of any provision hereof All other terms and conditions of Artist's engagemellt and senJices hereunder are set forth in the Standard Tenns and Conditions attached hereto as Exhibit "A" and "B" which Standard Terms and Conditions are by this reference incorporated herein and made a part of this Agreement. This contract shall not be binding unless signed by all parties hereto provided howeve0 that the failure to sign this agreement shall not subject SUi/set Entertainment Group Inc. to any liability. SllOlIld any Rider, Addendu/7/ and/or Expense sheet is annexed to this Agreement If/they shall also constitute a part of this agreement on [he date first above writtell. IN VvITNESS TNHEREOF, the parties hereto have hereunto set their names alld seals on tile day alld first above written. I~~'/ rl~ Dare j! {~j x IIPUR1}ASERII C, \~:pity Redet~pmen', Agency :fo;ne3Ch' FL "KY C'-. f))S~;CJ cr I, ~ 0 , Date 639 East Ocean Drive Suite 103 Boynton Beach, FL 33435 561-737-3256 Fax: 561-737-3258 CONTACT: Lisa Bright 2 Sunset Entertainment G1'OUP Inc. 1420 North Swinton Ave. Delray Beach, Florida 33444 Phone: (561) 276-8085 Fax: (561) 276-8740 Mobile: (561) 315-2800 CONTRACT # 073108 Agreement made this date, Wed. August 6, 2008 by and between Sunset Elltertainmeltt (hereinafter refen'ed to as Artist/ Producer) and (C.R.A.) Coml1lfmitlf Redevelopment A5!e1tclf of BOlflltOll Beach, FL (hereinafter referred to as Purchaser). It is understood and mutually agreed that the Purchaser engages the Artist to peljol111 the following engagement upon all the terms and conditions hereinnfter set forth: Artist (S) Show 1 TON SECADA VENUE: Old High School Location 129 East Ocean Avenue Boynton Beach, FL 33435 (561) 742-6780 DA TE (S): DECEMBER 6th 2008 Saturday 8:00 PM 75-90 mill set TIllS IS A RAIN OR SHINE EVENT TICKETS: QuantitJ): 2000 Gross Price: N/A Comps: N/A Deduchons: N/A Price: N/A GP: $0.00 Tax Net: $0.00 Capacities per Show: Total tickets: 0000 Merchandising Artist sell: yes Build sell: N/A No. Days/Shows: one (1) Load In time: 5:00A.M Sound Check time: 12:00-1:00P.M. Doors Open: 3:00P.M. Shaw time (s): 4:00P.M. Ages: N/A Curfew: N/A TERMS: Ton Secada Forty Thousand Dollars U.S. 1$40,000) PLUS N/A % TBA of l..'1e Gross Box Office Receipts after all approved and documented expenses and taxes. ADDITIONAL Purchaser shall provide and pay for, as per Artist's specifications and approval, at no cost to Artist any and all budgeted / rider requirements.. .sound, lights, catering needs, and ground transportation. PROVISIONS: Artist has the right to cancel this appearance ,vi thin 30 days of show due to a major motion picture, Broadway show, or television series. PAYMENTS;. Twenty Thousand Hundred Dollars ($20,000.00) U.S. deposit to Stu1Set Entertainment Group Inc. by certified check or Money Order only due by Sat. Sept.6, 2008. The balance of the budget and guarantee shall be paid to Artist/Producer immediately prior to the performance via cash, certified! cashier's check or money order to: Sunset Entertainment Group Inc. Prior to the first performance. It is expressly understood by the Purchaser(s) and the Artist who are parh) to this contract that neither that Sunset Entertainment Group, Inc. nor its officers or its employees are parties to this contract in any capacihj and that neither Sunset Entertainment Group Inc. nor its officers or its employees are liable for the perfonnance breach of any provisions COil tained herein. It is expressly 1I11derstood by the Purchaser and the 11Iusician(s) who are parties to this contract that neither the Federatioll 1I0r the Local Union are parties. to tltis contract ill any Cilpacity except as expressly provided ill the previous pamgrapJl and, therefore, that neither the Federation nor the Local Union shall be liable for tile pelformance or breach of any provision hereof All other ten1lS and conditio/1s of Artist's engagement and services hereunder are set forth in the Standard Terms and Conditions attached hereto as Exhibit "A" and "B" which Standard Terms and Conditions are by this reference incorporated herein and made a part of this Agreemen t. T1ds contract shall not be binding unless sigmd by all parties hereto provided however, that tlte failure to sign this agreement shall not subject Sunset Entertainment Group Inc. to any liabilihj. Should any Rider, Addelldum and/or Expense sheet is annexed to this Agreement iflthey shall also constitute a part of this agreement on the date first above written. IN WITNESS WHEREOF, the parties hereto have hereunto set their names and seals on the day and first above written. ,Inc. / r, /; f ~t Date ~ CONTACT: Joseph Ferrer "PURCHASER" Com u ity Redeveloptent Agency Boynton Beach, FL (X , . C,- f?-) Ut- / 5/au joffJ Date 915 South F~deral Highway Boynton Beach, FL 33435 561-737-3256 Fax: 561-737-3258 CONTACT: Lisa Bright I Ka thy Biscuiti 2 Su.nset Entel'tainment Group Inc. 1420 North Swinton Ave. Delray Beach, Florida 33444 PllOne: (561) 276-8085 Fax: (561) 276-8740 Mobile: (561) 315-2800 CONTRACT # 092309 Agreement made this date, Wed. August 6, 2008 by and between SUI/set Enteltaimnellt (hereinafter refen-ed to as Artist/ Producer) and (eR.A.) COI1l11l11llit1{ Redevelopment AgellcI{ of BOl/llton Beach, FL (hereinafter referred to as Purchaser). It is understood and mutually agreed that the Purchaser engages the Artist to pClfont: ti,e following ellgagement Up all all the terms and conditions hereinafter set forth: Artist (5) Show 1 Gloria Gml1101' VENUE: Old Higll School Locatioll 129 East Ocean Avenue Boynton Beach, FL 33435 (561) 742-6780 DATE (S): DECEMBER Sill 2009 Sat/mlay 7:00 PM 75-80 mill set THIS IS A RAIN OR SHiNE EVENT TICKETS: QlIIl1ltitJj: 2000 Gross Pricc: NjA Camps: NjA Deductions: NjA Price: NjA GP: $0.00 Tax Net: $0.00 Capacities per Show: Total tickets: 0000 Merchandising Artist sell: yes Build sell: NjA No. Days/SlIOWS: one (1) Load III time: 5:00A.M Doors Open: 3:00P.M. SOUlId Check time: 12:00-1:00P.M. Show time (s): 7:00P.M. Ages: NjA Cll/few: N/A TERMS: GIMia Gall/lDr ... Thirty Eight Thousand Dollars U.S. ($38,000) PLUS N/A % TBA of the Gross Box Office Receipts after all approved ilnd documented expenses and taxes. ADDITIONAL Purchaser shall provide and pay for, as per Artist's specifications and approval, at no cost to Artist any and all budgeted / rider requirements.. .sound, lights, catering needs, hotel and ground h"ansportation. PROVISIONS: Artist has the right to cancel this appearance within 30 days of show due to a major motion picture, Broadway show, or television series. PAYMENTS~ Twenty Thousand Hundred Dollars ($28,000.00) U.S. deposit to Sunset Entertainment Group Inc. by certified check or Money Order only due by _ Sept. 30, 2009. The balance of the rider budget (Exhibit B) ,md guarantee shall be paid to Artist/Producer immediately prior to the perfOlmance via cash, certified/cashier's check or money order to: Sunset Entertainment Group Inc. Prior to the performance. it is expressly understood by the Pllrclwser(s) alld the Artist who are party to this COil tract that neither that Sunset Entertainl1leJlt GI'OUP, Inc. nor its officers or its employees are parties to this contmet in allY capacitl} and tllat neither Sunset Entertainment Group IIIC. nor its officers or its employees are liable for the pelfoHnance breach of any provisions contained herein. It is expressly understood by tile Purchaser and the 11lusiciall(s) who are parties to this contmet that neither- the Federation nor the Local Union are parties to fhis contmct in any capacity except as expressly provided in tlIe previous paragraph and, therefore, that neither the Federation nor the Local Union shall be liable for the performance or breach of allY provision hereof All other terms and conditions of Artist's engagement and semices herwnder are set forth ill the Stlllzdlll'd Terms alld ConditiOllS attached hereto as Exhibit" A" and "B" which Standard Terms and Conditions are by this refereJlce incorporated herein mId made a part of this Agreement. This contract shall not be binding unless signed by all parties hereto provided however, that the fail 1l re to sign this agreement slzallnot subject Sunset Entertainment Group Inc. to any liability. SllOlIld any Rider, Addendum and/or Expense sheet is annexed to this Agreement iff they shall also constitute a part of this agreement all the date first above written. IN WITNESS WHEREOF, the parties hereto have herwlIto set their names and seals on the day and first above written. &It. t/&1 11//' (// . ( ONor Delray Beach, FL. 33444 561-276-8085 Fax: 561-276-8740 CONTACf: Joseph Ferrer evelopment Agency Boynton Beach, FL D; I {)--$)J? J Date 915 South Federal Highway Boynton Beach, FL 33435 561-737-3256 Fax: 561-737-3258 CONTACT: Lisa Bright / Kathy Biscuiti 2 ., '"f):~~~~'f~:U" J!:1i"~ -~Y' .' ~~1r ~:,:...;.:.;..:' ~ -:,:.'. ... ~.~ .'"'-~ ;;;: ,~l'~ ~ ~- .~ ~,""t ~.~ ~. ~ ~ ~ i- .0-;-~:' 3. "~t:),<,~ s. " .~ ~l~r~;~i ~r":. ~ .~ ~,ft"~:~~/i Ini i*~:~ '. lJ) ;! ~,.\~ ...' . ~.~ ~ii~r:l. ~'",."~~:' ~ .c;::j;.~, ~., ;:s ;:s ~.... l:l ~ "" ~ 3>~ a. ;;:;'-::';f:.- . ~,~..~..~.""t .~~j::!}"i:: ~ ~"\""~:-t~'~'~'-' ~ ~.i~i;~~1~~;J: .A"......,.,..,'.'~."_...-..:..-- ! 1 \ j j , \ ~ \ _ The Sunshine State - LICENSE NUMBER "I LISA A BRIGHT 14'2D N. SWINTON AVE DELRAY BEACH, FL 334443158 BIRnl DA -re SEX 04-23-60 F HGT. REST. 5-05 ENDORSE. ISSUED ()4.Z1.oo EXPIRES ()4.23-00 OUP\.ICA-re l)6.~ c. ~ fd- ORGAN DONOR SAFE DRIVER X6203062J0100 ~ aiamo<orvencle ~es consenlto 5T'{sooria<Yt_~""- PERSONAL INFORMATION NAME ST NAME FIRST) ( PRE-I ?, i{MENT QUESTIONNAI0 EQUAL PPOF.1TUNITY EMPLOYER dD 6S ApPLlCATlOI\{ FGL\- : .VlPLOY1VlEl~T L~:x<-- A 'n-\orL- ~ STATEF~ - STATE ZIP CODE ~ \{ L( ~ ZIP CODE PHONE NO. (5t.P~ ) c9=Y REFERRED BY EMPLOYMENT DESIRED POSITIO DATE YOU CAN START SALARY Dl::SIRl::D ~ IF SO, MAY WE INQUIRE OF YOUR PRESENT EMPLOYER? DYES WHEN? DNO EVER APPLIED TO THIS COMPANY BEFORE? DYES EDUCATION HISTORY GRAMMAR SCHOOL HIGH SCHOOL COLLEGE ~o- 3 V\l.S. TRADE, BUSINESS OR CORRESPONDENCE SCHOOL GENERAL INFORMATION SUBJECTS OF SPECIAL STUDY/RESEARCH WORK OR SPECIAL TRAINING/SKILLS U.S. MILITARY OR NAVAL SERVICE RANK FORMER EMPLOYERS (LIST BELOW LAST FOUR EMPLOYERS, STARTING WITH LAST ONE FIRST) NAME & AOO'RESS .OF EMPLOYER SALARY POstTlON REASON FOR LEAVING 0'"'-. TO FROM TO FROM TO a;:? adams 9661 APR 1998 APPLICATION FOR EI\~PLOYlviENT CONTINUED ON OTHER SIDE REFERENCES GIVE BELOW THE NA ;( iREE PERSONS NOT RELATED TO YOU, ~fvl J HAVE KNOWN AT LEAST ONE YEAR. __ - .- ..NAME ADDRESS BUSINESS yeARS . KNCiWN fTHORIZATlON "I certify that the facts contained in this ap Iication are true and c let to the best of m knowl understand that, if emplo e , a sified statements on this ae~lication shall be grou . . I aut onze investigation of all statements comained herein and the references and employers listed above to give you any and all information concerning my previous employment and any pertinent information they may have, personal or otherwise, and release the company from all liability for any damage that may result from utilization of such information. I also understand and agree that no representative of the company has any authority to enter into any agreement for employment for any specified period O~f" e, or to make any agreement contrary to the forego- ing, unless it is in writing and signed by an authorized company representative. This waiver does not permit the release or use of d sabi,lity-related or me. dical ~.nlo .at..ion in.. a manner pro- hibited bl the ArrieanS with Disabilities Act (AD nd 'ther relevanG, eral a; tat~/ aws.{-' - ~~/~ , J nll DATE ( UJ SIGNATURE I .. .\... , ' I \ \. ! tl INTERVIEWED BY DATE DO NOT WRITE BELOW THIS UNE REMARKS NEATNESS CHARACTER PERSONALITY ABILITY HIRED ir~D I P~cIT'~" [tiLL I ~~~:~ I VII \...I>,..) 1"-'1'1,1 DEPT. REPORT APPROVED: 1. 2, 3. EMPLOYMENT MANAGER DEPARTMENT HEAD GENERAL MANAGER This application for employment is sold only for general use throughout the United States, Adams assumes no responsibility and hereby disclaims any liability for the inclusion in this form of any questions or requests for information upon which a violation of local, state and/or federal law may be based, It is the user's responsibility to ensure that Ihis form's use com- plies with applicable laws, which change from time to time, W\vw.sunbiz.org - Department of State Fage 1 o~ 2 Home Contact Us E-Filing Services Document Searches Forms H Previous 00 List Next on Li?t Return To List Entity Nam I Sut No Events No Name History Detail by Entity Name Florida Limited Liability Company ATHENA STRATEGIC PARTNERS LLC Filing Information Document Number L 10000028086 FEI/EIN Number NONE Date Filed 03/12/2010 State FL Status ACTIVE _. Principal Addre~ 1355 W. PALMETTO PARK ROAD )' BOCA RATON FL 33486 .- Mailing Address 1355 W. PALMETTO PARK ROAD BOCA RATON FL 33486 R . ered Aaent Name & Address BROOKS, VI\7~' 1355 W. PAUv1'ETIO PARK ROAD BOCA RATON FL 33486 US ) ~ail Name & Address Title MGR BROOKS, VIVIAN L 1355 W. PALMETTO PARK ROAD BOCA RATON FL 33486 _____. V.1. I 4 r t (.)'\0 ) L ,( ~ C-VV"lrllPj~e i BRIGHT, LISA A // 1355 W. PALMETTO PARK ROAD \ BOCA RATON FL 33486 / ~al Reeort~ http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~ doc _ number=L 100000280... 7/13/2010 From: Jim Cheraf Sent: Friday, June 18, 2010 1:22 PM To~ 'jreQuez@laol.com'; 'rassm@lbbfl.us'; Hay, Woodrow; Orlove, Bill; Holzman, Steven Subject: FW: Herb Suss phone message 6/17/10 @ 2:20 pm @ t The Chair called me to ask if I provided any guidance to Lisa Bright in response to her 9:38 email to Mr. Suss on which we were all copied. I advised that I did and he requested a copy be sent to him and the Board. Therefore, please see below my reply email to Lisa at 10: 12. As you can glean from this short excerpt, any form of delay is viewed as the antithesis of a record custodian's dut'Lunder the public records law. - ..... .' . -- ...--.. James A. Cherof GOREN, CHEROF, DOODY & EZROl, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Broward (954) 771-4500 x 304 Palm Beach (561) 276-9400 x 304 Fax (954) 771-4923 Email: icherof@citvattV.com www.citvattV.com Offices in Fort Lauderdale and Delroy Beach, Florida. Disclaimer: This E-Mail is covered by the Electron ic ('ommun ications Privacy Act. 18 U.s.c. ~9 2510-252 J and is legally privi leged. The information contained in this [-Mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination. distribution, or copying of this communication is strictly prohibited. IJyou receive this E-Mail in elTor, please notify the sender immediately at the phone number above and delete the informatioIl from your computer. Please do not copy or use it for any pLlrpose nor disclose its contents to any other perSOIl. From: Jim Cheraf Sent: Friday, June 18, 2010 10:12 AM To: 'Bright, Lisa' Subject: RE: Herb Suss phone message 6/17/10 @ 2:20 pm k ~ou're.on weak gmund here This Imm the Government in~~esuns~~ne ",-a~~lromth_eAGO:' D. TO WHAT EXTENT MAY AN AGENCY REGULATE OR LIMIT INSPECTION AND COPYING OF PUBLIC RECORDS? * 1. Mayan agency impose its own restrictions on access to or copying of public records? a. Agency-imposed restrictions invalid Section 119.07(1 )(a), F.S., establishes a right of access to public records in plain and unequivocal terms: Every person who has custody of a public record shall permit the record to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under sLlpervision by the custodian of the public records. A custodian of public records may not impose a rule or condition of inspection which operates to restrict or circumvent a person's riqht of access. AGO 75-50. See also, Davis v. Sarasota County Public Hospital Board, 480 So. 2d 203 (Fla. 2d DCA 1985), review denied, 488 So 2d 829 (Fla. 1986), stating that a person making a public records request under s. 119.07(1), F. S., was entitled to see the actual nonexempt records of legal fees paid by the hospital board and not merely extracts from such records. And see State v. Webb, 786 So. 2d 602 (Fla. 1 st DCA 2001) (requirement that persons with custody of public records allow records to be examined "at any reasonable time, under reasonable conditions" is not unconstitutional as applied to pLlblic records custodian who was dilatory in responding to public records requests). The custodian "is at all times responsible for the custody of the [public] records but when a citizen applies to inspect or make copies of them it is his duty to make provision for this to be done in sLlch a manner as will accommodate the applicant and at the same time safeguard the records." Fuller v. State ex rei. O'Donnell, 17 So. 2d 607 (Fla. 1944). Thus, the right of inspection may not be frustrated or circumvented through indirect means such as the use of a code book. State ex reI. Davidson v. Couch, 158 So. 103, 105 (Fla. 1934) (right of inspection was "hindered and obstructed" by city "imposing conditions to the right of examination which were not reasonable nor permissible under the law"). Accord, AGO 05-12 (city may not require the use of a code to review e-mail correspondence of city's pOlice department and human resources department). Accordinqlv. the "reasonable conditions" referred to in s. 119.07(1). F.S., do not include anvthinq that would hamper or frustrate. directlv or indirectlv. a person's riqht of inspection and coPvinq. The term "refers not to conditions which mLlst b'e fulfilled before review is permitted bLlt to reasonable regulations that would permit the custodian of -----Original Message----- From: Isidro Garcia <isidroqarcia@bellsouthnet> To: tiveready@aol.com Sent: Wed, Jun 30, 20104:25 pm Subject: Your em ail of June 26,2010 /.1'1"1" J . ~/ Dear Barbara Ready: I have reviewed an email datedJune26.2010.purportedlysenttonumerouspeoplethroughoutBoyntonBeach.callin~J for the termination of my client, Lisa Bright. I would like to know first, if you authored the e-mail, and second, if anyone conspired with you to cause this e-mail to be sent, specifically the Mayor of Boynton Beach, for whom it is alleged that you served as campaign manager. Assuming you authored and sent this email, I want you to be aware of the following: defamation and tortious interference with a person's employment can lead to exposure to civil claims, including, the potential for punitive damages. The "huge public outcry" that you urge against my client is uncalled for, and the Mayor's motivation for this is nothing but a personal vendetta based on my client's actions in having reported him for improper behavior to the police, and for exposing his collusion with another resident to harass my client with personal public records requests and to completely disrupt the work of her agency. The purpose of this letter is to respectfully request that you think carefully about the consequences of your actions, and after reflection, that you send an e-mail withdrawing your previous false defamatory comments about my client. All citizens have a right to petition government, that is undeniably part of our democracy. However, to engage in false accusations, with no substantive charges of malfeasence or validity to the hyperbole ("...we need a huge public outcry against Bright...! believe the fur is going to fly...! voted for Jose and Steve to get stuff done around here and getting rid of Bright is a step in that right direction..BRIGHT MUST GO!!!) is the type of bullying, unfair childish tantrum bullying that my client has had to endure from the Mayor and his proxies, and this is either going to end or my client will have no choice but to defend her name, reputation and integrity in a court of law. Your e-mail seeks to unfairly manipulate people against my client, urging the type of lynch mob mentality that existed in the Old South and in modern day Cuba, where government leaders tell the citizens what to do and how much they should like it. This is the U.S.A., and we don't do things that way around here. Please copy me with a retraction that you send to all of the recipients on your "blast list" and the identities of the persons you have sent this document to. Whatever differences exist between herself and the Mayor should be discussed in a public meeting, fairly, without emotions and without "their agenda" (your words regarding the Mayor's motives and another commissioner you identify as S.H.) being prejudged as the best of all possible alternatives. --- Isidro M. Garcia Garcia Law Firm, P.A. 224 Datura Street, Suite 900 West Palm Beach, FL, 33401 Tel. (561) 832-7732 Fax (561) 832-7137 isidroqa rcia(al bellsouth. net www.GarciaLaborLaw.com