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Minutes 07-20-10 MINUTES OF THE SPECIAL COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, JULY 20, 2010 AT 6:00 P.M. PRESENT Jose Rodriguez, Chair Marlene Ross, Vice Chair Woodrow Hay Steven Holzman William Grlove James Cherof, Board Attorney Lisa Bright, CRA Executive Director I. Call To Order - Chairman Jose Rodriguez Chair Rodriguez called the special meeting to order at 6:02 p.m. Mr. Grlove offered an invocation followed by recitation of the Pledge of Allegiance to the Flag. II. Roll Call Chair Rodriguez requested a roll call of members as noted above. Chair Rodriguez announced that because the Sunshine Law prohibits the members from meeting in private, this special meeting was called to hear some challenges and situations that have occurred. Chair Rodriguez advised public audience would be permitted only during the item on the investigation and only those who were interviewed by the investigator would be permitted to speak. III. Outcome of Staff Investigation Relating to Political Activities The investigator was supposed to be in attendance for this meeting, but instead he would be contacted by telephone. Attorney Cherof telephoned Mr. Johnson and explained the process that would be used for this proceeding. Vice Chair Ross explained to Mr. Johnson it was her understanding that photographs were not reviewed or seriously considered as part of the investigation. Mr. Johnson said one of the persons interviewed said pictures were taken, but were no longer available. Some of the pictures were regarding the Clydesdale event. No pictures were received of the accused actually involved on the site. Vice Chair Ross mentioned that all nine members of staff had been investigated along with three CRA Board members; however, she (Vice Chair Ross) had not been interviewed. Also, former Commissioner Ron Weiland was not interviewed. Vice Chair Ross asked Mr. Johnson to comment on that point. 1 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FLORIDA JULY 20, 2010 Mr. Johnson responded that from the information and notes and the last CRA Board meeting regarding the request for investigation, it was his understanding that Vice Chair Ross did not have any information, nor was she an eye witness as to whether or not the people were on the site. Regarding Commissioner Weiland, after speaking to all witnesses, there were some conflicting stories and when he considered Mr. Weiland, he was not sure Mr. Weiland would cooperate and further, wasn't sure what more he would add to the investigation. There were witnesses who said they saw the individuals there and saw them doing certain things, but the question was whether or not these people were working for him and Mr. Johnson did not ask that question. Vice Chair Ross thanked Mr. Johnson. Mr. Hay had no questions for Mr. Johnson. Mr. Holzman had no questions for Mr. Johnson. Chair Rodriguez noted that the alleged violation took place at 500 Ocean Avenue, to which Mr. Johnson responded affirmatively. He questioned whether Mr. Johnson knew who owned the building. Mr. Johnson did not know who owned that building. In response to a question from Chair Rodriguez, Mr. Johnson advised that when he interviewed Chair Rodriguez, he indicated it was not a public building. Chair Rodriguez noted Mr. Johnson's findings indicated there were CRA staff members involved in unlocking the building and other activity of operating the building at 500 Ocean Avenue for whatever reasons, and in discussion with April, her testimony was that they were asked to unlock the door to the building at 500 Ocean Avenue. It was a vacant building and she remembers either checking or turning on their air conditioning. Chair Rodriguez inquired if Mr. Johnson asked the staff or Executive Director why CRA staff opened the door to a private building where they were hosting a private fundraiser, who directed them to do that and why did they have the key? Mr. Johnson said he asked April Majoy why they were opening the building and who told them to do that, and she responded that she could not remember who asked them to open the building. Regarding the key, when he spoke to Ms. Coles-Dobay, she said she saw the individual and a second witness revealed that Vivian Brooks actually had the key to that building, but she did not know how she came about having the keys. Chair Rodriguez confirmed with Mr. Johnson that they said to him that they had the key and didn't know how they got the keys and they were there opening the door and checking on the air conditioning and the refrigerator, but didn't know why they were doing that. Mr. Johnson confirmed that to be correct and added that April Majoy said they were in there, asked to open the door, but did not remember who asked her to do that or whether it was her or Ms. Biscuiti who opened the door, but the information about the key was revealed by Barbara Ready when she stated that Vivian Brooks told her that she had a key to the building. That is where the information came from. Chair Rodriguez thanked Mr. Johnson. 2 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FLORIDA JULY 20, 2010 Attorney Cherof thanked Mr. Johnson and advised him that there were no more questions for him from the Board members. Mr. Johnson apologized for not being in attendance, but he was on military orders and would not return to the area until the next evening. Motion Mr. Orlove moved to accept the recommendations and findings of the staff investigation relating to political activities. Mr. Hay requested the findings be spelled out for the record. Mr. Orlove referenced Items V and VI from the investigation report. Mr. Hay seconded the motion. At Mr. Hay's request, Chair Rodriguez read Item V as follows: "V. Findings The investigation revealed that both Kathy Biscuiti 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 their involvement in unlocking the building 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 large." John McGovern, 2620 Spiceberry Lane, said he appeared before the Board on May 18th to ask whether or not the governmental employees he and others observed on the afternoon in question were on the clock or off the clock when they were active in what seemed to be a campaign event. Mr. McGovern felt that question remained unanswered. Mr. Orlove read from the last sentence of the last paragraph of Item #IV on Page 4 as follows: "There was no testimony or evidence to indicate there was some specific intent or clear 3 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FLORIDA JULY 20, 2010 intention by Kathy Biscuiti or April Majoy for being involved in political campaign activity while on duty." Mr. McGovern was not confident a conclusive response to the real question was provided. Herb Suss, 1711 Woodfern Drive, said he attended the Clydesdale event and when he arrived between 3:30 p.m. and 4:30 p.m., Mr. Weiland invited him inside the building. He did not accept the invitation. He went across the street to Hurricane Alley and took pictures. He did not know there would be an investigation and he deleted them from his camera. Mr. Suss said he saw two CRA members, one of whom was Kathy Biscuiti who was handling a Weiland banner. He commented that the Executive Director used poor judgment putting her troops in harm's way because she knew the HR requirement regarding no political activity. On the following Monday, Mr. Suss called the Executive Director regarding what he saw during the event. A remark was made by Ms. Bright which Mr. Suss felt was a threat. Mr. Suss told her "we're done" and hung up the phone. Chair Rodriguez asked the Executive Director of the CRA why the staff had a key to a private building; why was staff opening the door of a private building where a fundraiser was being held; why were they checking on the air conditioner and refrigerator and who directed them to do so? Ms. Bright explained the CRA has keys to numerous private buildings. She has complete access to Marina Village. Having access to private buildings is something the CRA does. The CRA has been showing the 500 Ocean Avenue building since 2008 as a redevelopment site. Ms. Bright explained that she does not monitor her staff any day on what they are doing on their lunch hour. She was confident she did not give direction to any staff members on their lunch hour for anything. Therefore, she was not able to respond as to why they were doing what they were doing. Perhaps staff used poor judgment, but that is the best she could offer. Mr. Holzman inquired if the CRA has keys to private buildings and the staff was on their lunch hour, why would they take keys that the CRA maintains to a private building and enter that building at all? A policy should be determined as to why the CRA has keys to private buildings. Staff should not have the ability to take keys from the office to go into a private building unless this was a CRA-directed function. He questioned if this was commonplace practice for staff to be using these private buildings for their personal business. Chair Rodriguez inquired where the controls were for these keys to private buildings and he further questioned who was liable for any liability issues that may occur. Ms. Bright said the owner would not have given the CRA staff the keys if he felt there was a liability issue. There is key checkout and members of the CRA Board also have key checkout. Ms. Bright offered that she monitors her staff, but she does not tell them what to do on their private time. Mr. Holzman asked Ms. Bright to explain the policy for the key checkout. He questioned whether anyone could checkout keys at any time. Ms. Bright responded affirmatively and added they have historically given out the Old High School keys and asked people to sign a release since that is a public building. Mr. Holzman advised that he would like to add to the 4 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FLORIDA JULY 20, 2010 policy that no CRA staff member or any member of the Board should be taking keys to a private building without a staff function for that responsibility. There is liability that occurs when entering a private building. There must be controls over keys to private buildings. Ms. Bright was willing to establish a policy and bring it back to the Board. Chair Rodriguez questioned whether or not Ms. Bright investigated why her staff had keys to the building. Ms. Bright responded negatively. Mr. Hay advised that he has borrowed keys in the past to some of the private buildings. He felt there was nothing wrong with doing that and he would not support a restriction on staff being able to go into buildings. He felt this entire discussion was a waste of time. When he requested that the latter part of Item VI be added to the motion, Mr. Orlove confirmed that he had included Items V and VI in the motion. Chair Rodriguez called the question and the motion passed unanimously. IV. Approval of Legal Bills Related to CRA Staff Investigations Motion Mr. Orlove moved to approve. Attorney Cherof explained that one of the bills was the monthly general matters bill which contained a few entries that were highlighted. Those entries related to the public records request by Mr. Suss and reflected either Attorney Cherof's or Shana Bridgeman's involvement. Approximately $1,300 of the $3,700 general matters bill covered that issue. When an investigation was directed by the Board, Attorney Cherof created a separate Electioneering Investigation file as a separate document that is $2,125 which reflects his and Shana Bridgeman's time in arranging for, coordinating and dealing with the investigation performed by Mr. Johnson. Attorney Cherof said if the Board was going to approve the legal bills, he requested that the Board direct CRA staff to pay some other outstanding older legal bills that have not yet been paid. Ms. Ross referred to the item on the bill regarding a telephone call with the Mayor regarding agenda itemjWXEL and inquired if that belonged under City discussions rather than CRA Board discussions. Attorney Cherof responded affirmatively, but explained that when he looked back at that item, there was no time associated with it. It was just a notation that he talked with the Mayor about the same subject during that telephone call. Mr. Hay asked who authorized hiring a private investigator because the Board did not give that authorization. Attorney Cherof reminded Mr. Hay that the Board requested the item be investigated and he advised he did not want to undertake that investigation because he works for the Board and with the Executive Director. He did not feel it was appropriate to conduct that investigation. The motion was to have an investigation and Attorney Cherof took that as his grant of authority to retain someone to do it. He wrote to the Board and advised them the retainer agreement had been received from Mr. Johnson and it was provided to each member. Attorney Cherof asked for direction at that point and no one objected to it. 5 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FLORIDA JULY 20, 2010 Mr. Orlove recalled the attorney contacting him and speaking with him regarding the direction since he was the maker of the motion. Mr. Hay pointed out taxpayers' money had been spent. He further noted that Attorney Cherof meets with the Executive Director and Chair of the CRA Board at their weekly meetings. He asked how much that was costing the taxpayers. Attorney Cherof responded that each of the meetings lasts approximately 30 minutes at $195 per hour on a weekly or bi-weekly basis. Mr. Hay requested that Attorney Cherof explain why it was necessary for him to meet with the Executive Director and the Chair. Chair Rodriguez advised that when he meets with the Attorney, he is doing the City's and CRA's business. Mr. Hay said he was trying to understand why the Attorney had to be present during meetings between the Executive Director and Board Chair because this is taxpayer money. Attorney Cherof advised that he began meeting with the Executive Director and the Chair at the request of the Mayor. He takes minutes regarding the agenda items that are coming forward to ensure that they are moving forward timely. Over the four or five meetings Attorney Cherof has attended, the bill to the taxpayer is approximately $500-$600. The motion carried 4-1 with Mr. Hay dissenting. V. Discussion of CRA Operations Chair Rodriguez requested that this item be included on the agenda since there have been numerous situations which have been brought up needing discussion. He distributed information to the members. Mr. Hay inquired if the Board would be voting on this item this evening, and when Chair Rodriguez responded possibly, Mr. Hay said he would not make a decision since he did not have the proper time to review the information and make an informed decision. Chair Rodriguez advised that all information in the material was already communicated in some format during the past month. Ms. Ross suggested she might need to recuse herself from this discussion since WXEL was included as part of this item. Attorney Cherof advised that he was not aware of the full subject matter; therefore, he was not able to provide an opinion on a potential conflict until the subject matter was clear. After that was done, it might be appropriate to take a brief recess so as to provide advice to Vice Chair Ross. Florida Department of State Division of Corporations . Strategic Broadcast Media Group, Inc. is a company where Lisa Bright was a board member through July 9, 2010. There was a presentation made on June 29th for this company to buy WXEL. Ms. Ross is a WXEL employee and because of that, there should be heightened disclosure responsibility so as not to put Ms. Ross at any risk. This company is not in the CRA District and there is no City business involved. 6 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FLORIDA JULY 20, 2010 Mr. Holzman asked if this Board had provided any CRA staff members the authority to utilize the CRA offices for any business other than CRA function. Chair Rodriguez was unaware of any authority given for that purpose. When Ms. Bright was asked the same question, her response was no. . Joe Ferrer is the president of the company who resides at 1420 North Swinton Avenue, Delray Beach. On July 9, 2010, Ms. Bright was removed from the board three days after a story appeared in the newspaper. . LA Bright Realty is a company that used to exist. The president was Lisa Bright. The address Ms. Bright listed for that business was 1420 N. Swinton Avenue, Delray Beach. This is the same address as Mr. Joe Ferrer. Mr. Orlove said Strategic Broadcast Media is no longer in discussions with Barry Teller Communications which owns and operates WXEL. At the time the presentation was made to the City in its attempt to buy WXEL, Ms. Bright was omitted from the presentation as the secretary of that board. . Sunset Entertainment's President is Joe Ferrer at 1420 N. Swinton Avenue in Delray Beach. He has received over $180,000 from the CRA in the last three years for entertainment services. This is the same gentleman who served on the board with Ms. Bright and the same gentleman whose address is the same as LA Bright Realty. . Ms. Bright's driver's license that expired in 2006 listed 1420 N. Swinton Avenue as her address, which is the same as Joe Ferrer's who received $180,000 from the CRA. . Ms. Bright's employment application with the CRA lists 1420 N. Swinton Avenue, Delray Beach. . Athena Strategic Partners, LLC is an active business that is co-owned by Lisa Bright, Executive Director of the CRA and Vivian Brooks, Assistant Director of the CRA. In Chair Rodriguez's opinion, this situation put the CRA at risk and undermines the Agency when there is a supervisor/employee relationship with a business partner. It compromises what work gets done when. There was a series of other things that occurred which included the investigation into political activities that cost $8,500. There was an issue about disclosure regarding time off and personnel files which took months. There has been misinformation and delays in providing public records requests. There was a request for Ms. Bright's personnel file which was produced missing most of the information. Later on, a different file was produced. Ms. Bright denied the Board Chair and a citizen access to a public building. She called Police and filed a report on the citizen and Board Chair. She took Police Officers off the streets in order to file that report. Ms. Bright filed a lawsuit against the City and Mayor for public record information. It is a frivolous lawsuit and the City has responded. This will cost the City at least $7,500 or more. One of the worst things that have occurred is that Ms. Bright's attorney is sending e- mails to citizens of the City threatening them about what they can and cannot say publicly. 7 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FLORIDA JULY 20, 2010 Chair Rodriguez explained that these are all of the challenges that have been experienced over the last 45 days. There are many unanswered questions that the Board needs to address. Ms. Bright, CRA Executive Director, said it was very disconcerting that someone ran her Social Security Number, license plate and driver's license. However, Ms. Bright said she wanted to address an editorial that had appeared in the paper. 1. The CRA Director has sued the City over its response to her public records request. Ms. Bright confirmed there is pending litigation with the City which is a direct result of the City's non-response to her public records request. She said, as the records agent for the CRA, she has had to respond immediately or near-term immediate to when the request was made. There was no response made to her request after 12 days and only after the threat of lawsuit was a response received. As of this writing, no records have been received from the City. 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 threefold: a. The resident, Mr. Suss, was banned from our building due to his aggressive behavior toward staff in our office on June 10th; b. Although Mr. Suss's request was attended to by the CRA staff in a reasonable and timely manner, the records sat waiting for inspection on our conference room table for 20 days. However, Mr. Suss could not find a convenient time and coordinate it with the staff. He met again on July lth and remained dissatisfied that calendars that were made for the Board that were inserted into the packet no longer exist. c. I have an outstanding battery complaint against Mayor Rodriguez and did not feel it was in my limited staff's best interest to allow him into the building in the heightened state of emotions during his unscheduled appearance. 3. Ms. Bright said she joined the Board of Strategic Broadcast Media Group, but left in February when it was focused on raising $4 million. This is correct and she provided a copy of her resignation. Corporate records date her departure to July. She claims not to be responsible for the organization. 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. . She left the organization on February of 2010 and had a statement as proof. 5. Ms. Bright also never told the Commission of her involvement. 8 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FLORIDA JULY 20, 2010 . Ms. Bright sits on various boards both personally and professionally. For example, she sits on the Marina Village Master Association Board and she has a direct impact and influence on the marina activities in the downtown area. 6. Strategic's President Joseph Ferrer received $170,000 over three years to work at the annual downtown holiday event. . It is important to point out the incorrect implication that Mr. Ferrer was paid to Strategic. He was not. . As part of the City and CRA Interlocal Agreement (ILA) in 2006, Mr. Ferrer's company, Sunset Entertainment, was contracted to provide bundle services that were approved at the Board of Directors as part of their annual budget. . The services covered and the amounts quoted and being stated cover talent, staging, lighting, accommodations, travel and production. . Ms. Bright also 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. Ms. Bright has a special needs child who is provided special healthcare programs in the school zone. . It is unfortunate that this was not reported in The Post as I explained it to them. 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. . Ms. Bright has not received any financial compensation for this newly-formed company, nor has she used CRA time for these endeavors. 9. Ms. Bright may have damaged her credibility beyond repair. . This is incorrect. The Post is attempting to damage her credibility by their one-sided reporting and personally attacking me in their newspaper by printing such a statement. . She was hired by the CRA in 2005 specifically because of her credible reputation and stellar contacts within the community. . Because of these valuable relationships, she has 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 allegations against Ms. Bright are investigated. . The immediate question raised is: What would be investigated? . Perhaps the real question needs to be, why do 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, which has always been and will continue to be my mission. 9 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FLORIDA JULY 20, 2010 Chair Rodriguez explained that Ms. Bright's driver's license was part of her City of Delray Beach public information. He asked the Police Chief about an outstanding battery complaint against him. Chief Immler was aware of a report that was taken by the Fort Lauderdale Police two years ago. When asked to confirm that the case was closed, Chief Immler advised that he was unaware of what the Fort Lauderdale Police did with it. Chair Rodriguez requested that the record reflect that during a retreat in Fort Lauderdale, with every Commissioner present, the City Attorney and reporters and the Mayor of Fort Lauderdale present, Chair Rodriguez placed his hand on Ms. Bright's shoulder while he was speaking to her and she filed a battery complaint. Chair Rodriguez added the address that Ms. Bright said she used for school purposes indicates that she has committed fraud against the School Board of Palm Beach County, the Secretary of State for a wrong address on her business and the CRA for putting a wrong address on her employment application. He questioned how Ms. Bright could be trusted after admitting to fraudulent activity. Mr. Hay said he heard a lot of hearsay. The investigator made a report and there are no findings. Mr. Hay said he is a stickler for the facts. He explained that some information may be exposed that some people would prefer not be exposed. He referred to three traffic tickets that were uncovered and they were dropped when the "then Vice Mayor" went to court. Further dismissed were charges of driving around barricades, driving without a safety belt, and driving with no proof of insurance. He added that Chair Rodriguez had been pulled over 13 times for speeding, driving in HOV lane and not wearing a seat belt. He was further charged with DUI in 2000, but the charges were dropped. Mr. Hay felt the real reason for all of this was to take control of the CRA. Mr. Hay reported the CRA has received many awards locally, on the state level and internationally. This is the Mayor's last opportunity to keep from seating a seven-member board. He urged that everyone move forward. Mr. Holzman said when he ran for District III, he did so because he saw potential within the City to move forward. It is important as Board members to hold staff and the board members accountable for spending taxpayers' money. The information that has come to light is very disconcerting. From the very first question he asked of the Executive Director regarding how much time off was taken during a specific period of time, no answer has been forthcoming. The information regarding the relationship with Mr. Joe Ferrer whereby she utilized his address, and whether that relationship had any influence over the selection of Mr. Ferrer's company for services worth $180,000 of taxpayers' money needs to be investigated to ensure no wrongdoing was done. This is a responsibility of the Board. In addition, the organization that was created by Ms. Bright and Ms. Brooks calls into question, what is being done at the CRA? Is work being done on behalf of the CRA or the new organization? It is important to investigate how taxpayer dollars are being spent. Mr. Holzman was very upset about the utilization of the CRA office by one of the staff members as their address as a director on another organization's board. Without the CRA Board's permission, why was the CRA office utilized as the address on corporate records for another business? These questions require investigation. 10 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FLORIDA JULY 20, 2010 Vice Chair Ross remarked that she was listening carefully and appreciated all of the comments. Her goal was not to be judgmental. She felt it was difficult to watch the finger pointing and listen to the allegations. She respects the Executive Director and the members of the Board and this ugliness was difficult. She was anxious to move beyond this. Mr. Orlove expressed respect for the CRA staff and Executive Director. He believes there have been lapses in judgment. The one thing that concerns him is the relationship with Mr. Ferrer and the entertainment contract. He questioned whether this was properly vetted as a contract to the CRA Board when it occurred and did the Board know there was a relationship between the Executive Director and Mr. Ferrer. The majority of what has been discussed was questionable, but he did not feel it requires an investigation except the contract with Mr. Ferrer and the CRA. Chair Rodriguez asked the Attorney to comment regarding how to proceed. Attorney Cherof explained that the nature of the allegations that had been raised warrant further review. The Board, on behalf of the public, needs to know the facts to determine whether or not action is needed with respect to the Executive Director. Also, the Executive Director needs an opportunity to clear her name. There could be a justifiable defense for every allegation that was made. The Board cannot conduct that review and it should be done by an outsider to the organization as directed by the Board. Attorney Cherof recommended proceeding in that direction. Ordinarily, a person subject to this type of review would be suspended with payor be offered an opportunity for leave of absence. This affords separation from the workplace and time to conduct their affairs in their defense and make certain the public business is not under the cloud of suspicion or accusation. Mr. Hay appreciated the comments of the Board members. However, he was concerned about the timing of this event. There has been a lot of work done to replace the CRA Board. Everyone agreed there would be a seven-member independent board and 27 applicant responses were received. The review is ongoing at this time to come up with seven members. Hours have been spent determining a time schedule. It appears there are attempts to avoid the August 3rd seating of the new independent board. He reminded everyone that none of the present Board members had any prior experience when they become the Board members and yet a decent job was being done. The CRA Board in Boca Raton has a structure similar to Boynton's where the Commissioners serve as the board. It is in shambles and they invited Lisa Bright to help them straighten out their board. Chair Rodriguez said Strategic Broadcast Media made a presentation on June 29th. That is how this entire thing was exposed. When Ms. Bright said she was not on the Board on June 29th, Chair Rodriguez asked the Board Attorney whether or not she was legally the Secretary of Strategic Broadcast Media on June 29th. Attorney Cherof advised that the public record on file with the Secretary of State reflects that, but that is not necessarily the end of the inquiry. There could have been internal corporate documents that had been exchanged or prepared, but unfiled with the Secretary of State. 11 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FLORIDA JULY 20, 2010 Chair Rodriguez reminded the members of the Attorney's recommendation to handle this as any other investigation either by suspending with payor allowing a leave of absence to occur while the investigation is ongoing. Motion Mr. Holzman moved to reflect the recommendation of the Attorney to investigate into three separate items: . The relationship between Lisa Bright and Joe Ferrer of Strategic Broadcast Media and Sunset Entertainment; and . The business organization that was formed between Lisa Bright and Vivian Brooks to determine exactly what is going on with that business whatsoever; and . At the same time offer to the Executive Director the opportunity to step down. If that is not acceptable, then to suspend the Executive Director with pay during the investigation. Attorney Cherof said he understood the motion to be that the first inquiry would be to the Executive Director if she wanted to take a leave of absence and absent that, suspension with pay. The word dismiss was not used. Mr. Holzman agreed. Mr. Hay pointed out that what Attorney Cherof stated was an explanation of the options and not a recommendation. Attorney Cherof agreed, but explained further that by expressing his point of view, it is a recommendation. Mr. Hay said the third option would be to do nothing. Chair Rodriguez passed the gavel to Vice Chair Ross and seconded the motion. The motion failed 2-3. (Vice Chair Ross and Messrs. Hay and Orlove dissented.) Motion Mr. Orlove moved to investigate the relationship with the Executive Director and Mr. Ferrer who does business as Sunset Entertainment, and that issue only and that the Executive Director remains on staff pending the investigation. Mr. Hay seconded the motion that carried unanimously. VI. Discussion of Public Records Policies and Procedures Because of recent questions, Mr. Orlove requested that an administrative policy be put in place to deal with public records requests. The only comment he had after reviewing the policy provided by the Executive Director was that an actual timeframe for response be included. He suggested that within 24 to 48 hours, the requester would receive an acknowledgement advising how long it would take to provide the records. That is not reflected within the current policy. Mr. Holzman questioned what the normal response time would be in the course of business. Attorney Cherof advised that a response is a matter of priority for any custodian of public records. The length of time can vary. If there is a document that is in existence, the custodian should retrieve the document while the requester waits for it. Establishing a period is not appropriate or consistent with direction provided by the Attorney General's Office on how to 12 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FLORIDA JULY 20, 2010 respond. There are occasions when a document cannot be produced immediately or within a short period of time. Perhaps the standing rule would be if you're not able to produce the document, you would give the requester an estimate of how long it would take to respond and provide a subsequent response within 24 hours. Attorney Cherof advised that it would be difficult to write a policy that is better than the numerous interpretations provided by the Attorney General. The statute says "shall reasonably respond or produce". Mr. Orlove felt that because of recent events, the policy should be clearer. If we rely on the Attorney General's review or commentary, it should be stated in the policy. Mr. Orlove noted that the policy in the Administrative Policy Manual of the CRA does not state that if you make a request and the document is available, you are to get it immediately. If it is not available immediately, you provide an estimate of how long it will take to respond. Mr. Orlove felt this needed to be clearly stated. Motion Mr. Orlove moved to ask that the policy be updated to include the review of the Attorney General regarding a public records request. Mr. Holzman was concerned because the Attorney General's report is a "living" document and changes as rules and interpretations change. Attorney Cherof said he would draft a policy, but he does not want another policy that will slow down the process. Mr. Orlove wants a requester to understand that either a document would be provided immediately or the requester would be advised of the approximate date the records would be produced. Attorney Cherof advised that he would draft some language relying on the Attorney General's guidance and the experience of the City Clerk has an excellent track record of promptly and efficiently responding to public records requests. Mr. Holzman does not want the language to be used as a shield or as a sword in terms of responding or not responding. Restated Motion Mr. Holzman restated the motion asking the CRA Attorney to create language in the CRA Administrative Policy Manual regarding public records requests that is consistent with the Attorney General's report on Chapter 119 and gives direction to staff and a requester as to a timeframe as to when information will be produced that is a public record. Mr. Hay seconded the motion that carried unanimously. Chair Rodriguez requested that the Board agree to ask the Executive Director to disclose via e- mail tomorrow to this Board, all of the boards/companies that she serves on and in what capacity. Motion Mr. Holzman moved that the Executive Director provide all the boards and/or companies that she serves on in any capacity outside the CRA. Mr. Orlove seconded the motion. 13 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FLORIDA JULY 20, 2010 Mr. Orlove inquired if there was a feeling that there was more information that was not forthcoming. Chair Rodriguez did not have an answer but pointed out the members would not have been in this position if the information was forthcoming from the beginning. Mr. Hay suggested all of the members disclose. Chair Rodriguez suggested discussing this under the ethics discussion at the City Commission meeting. When Vice Chair Ross asked to hear from the Executive Director, Ms. Bright announced that she would be happy to provide the information requested. The motion carried 3-2. (Commissioners Hay and Orlove dissented.) Vice Chair Ross left the dais at 7:47 p.m. VII. Rescission of City leRA Human Resources Interlocal Agreement (Tabled July 13, 2010) Chair Rodriguez explained that this is an attempt to put in place Human Resources professionals so that the CRA staff can focus on redevelopment and Human Resources can focus on human resources issues. Mr. Holzman felt this would eliminate many of the issues and free up the Executive Director and her staff to focus on the work that needs to be done in the CRA district. He felt confident that it would cost more than $10,000 if the CRA were to bring in someone from outside the City. Mr. Orlove asked the Executive Director if there would be any added costs to the CRA. Ms. Bright said it would cost over $10,000. Mr. Orlove inquired how Human Resources was structured in the CRA at this time. Ms. Bright said there is a formal process whereby Susan Harris handles grievances/complaints. The Assistant Director of Finance handles the payroll and the quarterly internal auditor makes sure this is booked. Mr. Orlove questioned if policies could be put in place to do what the City does so that the CRA is not paying the City for services it might not need. Ms. Bright advised that this came before the Board in 2007 and Bill Mummert, the City's Finance Director at the time, was not supportive. This becomes an accounting issue in terms of booking and unbooking and rebooking. It would require additional accounting. If the Board preferred to keep this in- house, Ms. Bright offered to look at the CRA procedures and return to the Board with an alternate proposal that provides assurances. Ms. Bright reported that there would be a net effect of $5,354 for the CRA to manage payroll with the City. Mr. Hay did not feel it was necessary to spend an extra $10,000 for work that is already being done. The Board should follow the same procedure used by the Police whereby they submit a log that is reviewed. This could be done quarterly or for any period that pleases the Board so that the Board is aware of what is going on. Mr. Orlove felt it was necessary to go a step further. Over the past several weeks, there have been questions raised by members of the Board and the community. A more formalized approach as followed by the City could be undertaken. A policy should be brought back to the 14 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FLORIDA JULY 20, 2010 Board for review. Mr. Orlove does not want to spend $10,000 if this is something that could be handled by the CRA staff. Ms. Bright reported that when Attorney Cherof became the CRA Attorney, he reviewed the personnel files and the CRA had been following the City-structured files. One of the outcomes of going through the personnel files is that Attorney Cherof provided a model he felt was appropriate. The CRA staff could work with Ms. Goebelt and Attorney Cherof to come up with a program that is similar and bring that back to the Board for approval if the Board chose not to spend the $10,000. Chair Rodriguez acknowledged that the CRA staff was highly compensated at $1 million in salaries. An expenditure of $10,000 for a system that is already in place with oversight with Human Resources professionals was well worth the time and effort that would be spent putting it together and managing it. Without oversight, it would not work. When Mr. Hay said $10,000 was significant and could be used in another way, Chair Rodriguez pointed out that money would go back to the citizens. It would go from the CRA to the City. Vice Chair Ross felt Chair Rodriguez's argument was compelling and would provide assurance. She appreciated the merits of both sides of this argument and was hopeful to achieve some assurance for the Board on this issue. Motion Vice Chair Ross moved to approve the City/CRA Human Resources Interlocal Agreement. Mr. Holzman seconded the motion that carried 3-2. (Commissioners Orlove and Hay dissented.) VIII. Adjournment There being no further business to discuss, the meeting properly adjourned at 7:58 p.m. ~'1n.~ ~et M. Prainito, MMC City Clerk Transcribed from One (1) Recording 15