City of South Bay City Workshop Minutes. May 06, 2014

Transcription

1 City of South Bay City Workshop Minutes May 06, 2014 Page 202S A City Workshop of the City Commission of the City of South Bay, Florida was called to order by Mayor Shanique Scott in the Commission Chambers at 335 S.W. 2 nd Avenue, South Bay, Florida on May 06,2014 at 6:02 p.m. Present: Mayor Shanique Scott Vice-Mayor Taranza McKelvin Commissioner Esther E. Berry Commissioner Joe Kyles Commissioner John Wilson Staff Leondrae Camel, City Manager Thomas Montgomery, City Attorney Jessica Figueroa, City Clerk Massih Saadatmand, Finance Director Discussion of Agenda Items: Mayor Scott mentioned discussion for City the CityAttorney Service Contract. Commissioner Berry stated that she reviewed the contract and stated that the city did not use a protocol or procedure to rank or rate the candidates for the City Attorney's position. She said that she had reservations understanding that the majority decided to move without a protocol in place. She stated that she used a rating grid and gave criteria and points for the candidates for the special meeting on April 22, 2014 special meeting. Mayor Scott made a comment in reference to Commissioner Berry's comment relating to protocol. She stated that the Commissioner had the information pertaining to the candidates two weeks prior to the April 22 nd Special Meeting. She mentioned page 2023 of the City Minutes stating her motion for April 22 nd to "select" a new attorney. Mayor Berry stated that in future there should be a procedure in place in which candidates are ranked. The City Attorney stated that the Resolution relating to the City Attorney seemed to hire assistant city attorney's that was not discussed before the commission. He also stated that paragraph six was not clear in the attorney contract. He said that the paragraph seemed to say that the city attorney as council will not act in any lawsuit or other adversary proceeding in which the city is named as an adversary party.

2 Continuation of CityWorkshop Minutes May06,2014 Pa2e 2029 He said that he did not understand the need for the language if the contract provides that the City Attorney is going to be the litigator. The City Attorney also made a comment relating to the Assistant City Attorney's. He stated that were no Assistant City Attorney's. He said that at the last meeting he asked for Attorney Norris-Weeks to identify the attorney that was with her at the meeting for the record and not to be noticed on the Resolution. Attorney Norris-Weeks stated that the first resolution that was sent to the Commission met the intent of what she understood that took place on April 22 nd. She said that a resolution appointing a City Attorney should have been brought forth that night. She stated that the first resolution that was sent through by the City Clerk's office indicated a retroactive pay from April 22 nd Special Meeting, due to discussions by the commission stating "effective immediately", Ms. Norris-Weeks stated that a contract would have been negotiated; she mentioned the contract given to commission, which was a standard contract for attorney services. She asked the commission to approve the contract but approve the language relating to the retroactive pay back to April 22 nd, She said that she had provided a review of numerous contracts spoke with the manager of one of those contracts and had done a detailed analysis of a contract for a future agenda. She said that she had been doing work for the city. Mayor Scott requested that Ms. Norris-Weeks explain the information relating to the Assistant City Attorneys that were listed. Ms. Norris -Weeks stated that the language regarding the Assistant City Attorney's was a benefit to the city. She stated that in her absence, the city would always have representation. Vice-Mayor McKelvin stated that he understood the language relating to the Assistant City Attorney's as the City would be paying for additional assistants. Ms. Norris-Weeks stated that the city would not pay a penny more than what is in the contract for $5,000.00, for her assistants. Ms. Norris-Weeks stated that if the city would like to take the language relating to the Assistant City Attorney's out, but know that they will be working for her firm then she will take the language out. Commissioner Kyles made a comment relating to 5.0 under the contract relating to cost and expenses. Ms. Norris-Weeks stated that the cost and expenses are allowed under the city's charter for the city would pay for additional expenses relating to out of pocket expenses advanced or incurred on the City's behalf. Attorney Montgomery stated that he had taken care of the entire out of pocket expenses that were listed under 5.0 in the contract, except for the court reporter. Ms. Norris-Weeks stated that if she did work on behalf of the city, then the city would absorb the additional out of pocket expenses. Commissioner Wilson requested additional information on Section 6.0 of the contract, relating to litigation. Attorney Montgomery stated section 8 in the resolution is worded different than paragraph 6 in the contract. Ms. Norris-Weeks stated that the resolution was tied to the contract. Ms. Norris-Weeks stated that the wording in section 8 in the contract relating to litigation is a benefit to the city, but she was happy to take out the language if it was what the commission wanted. She said that she would be representing the city in respect to litigation.

3 Continuation of City Workshop Minutes May06, 2014 Page 203p Mayor Scott requested information on the word "adversary". Ms. Norris-Weeks that adversary only meant, for example, that she would not take on a client such as Belle Glade or US Sugar, due to her having a contract with the City of South Bay. Ms. Norris-Weeks stated that the contract that she had presented was a standard contract that is used by other municipalities. Vice-Mayor McKelvin asked what was to be taken out of the contract. Mayor Scott asked if there were consensus to take out the language pertaining to Assistant City Attorney's from the fifth whereas clause, the sixth whereas clause and Section 3, in the Resolution Mayor Scott mentioned the retroactive fee for the New City Attorney from April 22, She said that at the special meeting it was agreed that Ms. Norris-Weeks position was effective immediately. Mayor Scott asked for a consensus from the commission to add the language regarding retroactive pay, in the resolution. There was not a consensus from the commission for Ms. Norris-Weeks to receive a retroactive from April 22, Ms. Norris-Weeks asked if there was an amount that the commission would agree acceptable for payment from the time she was selected. Vice-Mayor McKelvin stated that his reservations for the time that she was selected as CityAttorney was, that there was not a contract. Mayor Scott mentioned discussions on the city minutes. Commissioner Berry made a correction to page 2024 referring to the amount that was mentioned in the letter that was sent to the Florida State Senate. She said that the amount was ten million dollars for road improvements and not one million. Mayor Scott made a comment on page 2023 relating to South Florida Water Management District regarding guard rails. She asked if there was a response in writing that (SFWMD) was not going to put guard rails heading towards Villa Lago.The City Manager stated that he did not receive a response from SFWMD, in writing relating to not putting up guard rails heading towards VillaLago. Mayor Scott adjourned the City Workshop at 7:01 p.m. ATTEST: /! /" < C" ;' l" 'r;cu-'~'-~~ JeSSi~ Figueroa, Cit!Clerk

4 City of South Bay Regular City Meeting Minutes May 06, 2014 Page20~]L A Regular City Meeting of the City Commission of the City of South Bay, Florida was called to order by Mayor Shanique Scott in the Commission Chambers at 335 S.W. 2 nd Avenue, South Bay, Florida on May 06,2014 at 7:02 p.m. The pledge of Allegiance to the Flag of the United States of America was given by all in attendance. Present: Mayor Shanique Scott Vice-Mayor Taranza McKelvin Commissioner Joe Kyles Commissioner Esther E.Berry Commissioner John Wilson Staff: Thomas Montgomery, CityAttorney Leondrae Camel, City Manager,. Jessica Figueroa, City Clerk Massih Saadatmand, Finance Director Edgar Kerr, Public Works Director Vicky Delbosquez, Human Resources Mayor Scott called for voting conflicts relating to items on the agenda. There were none. The City Manager recommended tabling item c1. Resolution relating to Noah Development until May 20, 2014 city meeting. Mayor Scott recommended discussing Resolution and tabling the item once discussed. Mayor Scott called for public comments from the floor on non-agenda items only. Resident Shirley Walker- Turner mentioned the gas line on the West Side of US 27. She asked the commission if they had authorized the gas lines to be on the West Side of US 27. Mayor Scott stated that she was not on the dais when the agreement for the easement was addressed. The City Manager stated that Florida City Gas did respond to the Commissioners comments relating to the location of the gas line and pig launcher. He read a letter from Florida City Gas for the record. Ms.Walker-Turner asked if the company was exempt from permitting. The City Manager stated that there was a permit applied for February 13, 2014 for the west side of US Hwy 27 for Florida City Gas to put a pig launcher on the property. Attorney Montgomery stated that Shirley was the mayor at the time and the only permission that the city commission gave Florida City Gas was the right to cross the city property on the east side, which was the easement agreement.

5 Continuation ofrelnllar City Meetinl: Minutes May 06, Resident Kina Phillips stated that the Commission should reconsider the price for the Tanner Park Facility. She stated that the price was too high for the residents of South Bay. The Commission agreed to bring back the form relating to the Tanner Park Facility to reconsider the price for rental. Ms. Phillip also stated that her employer, CEO of Palm Beach Glades Rural Health Associates also known as MD Plus, has decided to donate items and bring venders for the back to school bash. The City Manager stated that staff was putting together the city's annual back to school bash on August 09, The City Manager told Ms.Phillips to get in touch with staff. Jack Howard made a comment relating to opening up a bulk packaging food pantry for the City of South Bay. He stated that New Hope Lodge #23 Food Pantry would like the opportunity and the pleasure to partner with the City. He said that the partnership would not only benefit the City but a multitude of families. Mayor Scott suggested that New Hope Lodge #23 work in conjunction with the senior food program. Mr. Howard stated that the food that he was referring to was packaged and not opened or prepared. He said that he is willing to assist and help the citizens of South Bay. Resident Charles Johnson made a comment relating to utilities charges for a home that he does not live at on 225 SE 4 th Avenue, South Bay. The City Manager stated that staff would send a letter to PBC Water relating to the removal of the city fees but he will still be charged the ready to serve fee. ""'" Resident Lever Tensly made a comment relating to a recreational youth program. He requested the city support to bring a city league football from the ages of 6-14 year olds, to the City of South Bay. He requested support relating to transportation. The Commission supported the concept of bringing in youth sports and activities into the City of South Bay. Mayor Scott recommended that Mr. Tensly speak with the City Manager with the details pertaining to the youth activities and proposal for transportation. Resident John Turner stated that the City Manager stated false information relating to the permitting from Florida City Gas relating to a fence. He also stated that at the last meeting it was agreed that there would be a response relating to the gas pipelines being on the west side of US HWY 27. The City Manager stated that the fence permit was included in the application for the permitting a pipeline on the west side of US Hwy 27, in February, Resident of Belle Glade Gerald Smith requested support from the City of South Bay relating to the Muck Smoking BBQ Festival. He asked if the festival could be held at Tanner Park in the City of South Bay on May 10, The City Manager stated Tanner Park was rented for that day, but that staff would work with Mr. Smith to have the event in South Bay. Mayor Scott called for the consent agenda. Vice- Mayor McKelvin made motion to approve the consent agenda, inclusive of April 15, 2014 city workshop and Regular City Meeting, a proclamation declaring municipal clerks week, and a

6 Continuation ofre~ular City Meetin~ Minutes May 06,2014 proclamation for missing children's day. The motion was seconded by Commissioner Kyles. The vote was unanimously approved. The City Clerk read the proclamations for the record. Special Business The City Clerk read Resolution for the record. Mayor Scott passed the gavel to Vice-Mayor McKelvin. Mayor Scott made a motion to approve Resolution a Resolution of the City Commission of the City of South Bay, Florida appointing Burandette Norris-Weeks, P.A. as the City Attorney in accordance with Chapter 2 of the City Charter; and providing for an effective with the deletion of the 5 th whereas, deletion of "Assistant City Attorney's" In 6 th whereas and section 3 rd Whereas in the Resolution, pertaining to the Assistant City Attorney's. The motion was seconded by Commissioner Wilson. The vote was Commissioner Wilson, yes; Commissioner Kyles, no; Commissioner Berry, no; Vice-Mayor McKelvin, yes; and Mayor Scott, yes. Resident Kina Phillips made a comment relating to the retroactive pay that the Attorney Norris-Weeks should have received, due to the fact that she was already doing work for the city. Resident Benita Hamilton made a comment relating to the applicants for the Attorney position. She asked if the commission was personally connected to any of the attorney's. The Commission stated that they were not. Mayor Scott discussed the selection process for attorney services. Commissioner Wilson made a motion that Ms. Norris-Weeks receives retroactive pay from April 22, The motion was second by Mayor Scott. The vote was Commissioner Wilson, yes; Commissioner Kyles, no; Commissioner Berry, no; Vice-Mayor McKelvin, no; and Mayor Scott, yes. Attorney Montgomery stated that he was no longer the City Attorney and stated that the new City Attorney should take her rightful place. The City Manager recommended that commission approve sponsorship of $1, for housing and meals for a South Bay resident, Rashad Bailey who was accepted into the 2014 Florida Senate "Page" Program. He said that he worked side by side with Senator Abruzzo. Attorney Montgomery stated that his office would pay half of the sponsorship for Rashad Bailey. Vice-Mayor McKelvn approved the sponsorship for Mr. Bailey. The motion as seconded by Commissioner Kyles. The vote unanimously approved. Commissioner Wilson made a motion to table the presentation for proclamation for Mr. Rashad Bailey who served as "Page" in Tallahassee, until the next commission meeting on May 20, The motion was seconded by Vice-Mayor McKelvin.The vote was unanimously approved.

7 Continuation of Reeular City MeetinKMinutes May 06,2014 New Business The City Clerk read Resolution for the record. Commissioner Kyles made a motion to approve Resolution A Resolution of the City Commission of the City of South Bay, Palm Beach County, Florida, authorizing the Mayor to be a signatory with the Finance Director for Banking Purposes. The motion was seconded by Commissioner Wilson. The vote was unanimously approve Items for Distribution Only Institute for Elected Municipal Official Florida League of Cities Agenda List of Code Enforcement Violations Teacher appreciation week relating to a $ donation fund - Commissioner Berry stated that she had made a contribution to Rosenwald Elementary School. Mayor Scott stated that the commission could use their discretionary funds if they would like to support teachers appreciation week. Copies of Florida City Gas application relating to permitting Finance Report The Finance Director distributed the Bi-weekly accounts payable report. Commissioner Wilson requested the information pertaining to the bond dept in reference to the contract with the county. Commissioner Berry mentioned the amendment to the city budget. The City Manager stated that there will be a workshop at the May 20, 2014 for discussion of the budget amendment. City Clerk Report The City Clerk stated that she would be out of the office from June 9-13 to attend the Florida Association of City Clerk's Summer Academy in St. Augustine. She also stated that she was awarded a scholarship from the Palm Beach County Municipal Clerk's Association in the amount of$ for the registration fee to attend the summer academy. She stated that she would work with staff to assist in the distribution of the next meeting agenda. The City Clerk also stated that it was anticipated that the Supervisor of Election will charge the cities ~ that were requesting a referendum on the Primary Election Ballot in August 2014 and the amount would be between $3, $10, She said that she would have more information as soon as she received information from the Supervisor of Elections.

8 Continuation of RelWlar City Meetin~ Minutes May 06,2014 City Manager's Report The City Manager mentioned a letter of support to Florida Crystals relating to the Economic Development Agreement. He said that the letter was intended to bring the Economic Development Agreement back to the table with South Bay Commission and Kestrel Logistics. The City Manager stated that if there were changes requested by the commission, than changes would be made to the letter. Mayor Scott stated that the Commission had sent recommendations to Kestrel and they had not responded to the commissioner's recommendations. Commissioner Berry asked who authorized the City Manager to write the letter to Kestrel Logistics, LLC. The City Manager stated that the intent of the letter is to let the company know that the city is still interested in Economic Development. Mayor Scott said that the letter should have come before the commission and then prepared with recommendations to be sent Kestrel Logistics. Commissioner Wilson stated as it regards to the development of the logistic center, in order to grow the city needed to give a little. He said that most cities would give away the land for economic development, but the city is getting fair market value for it. He said that the letter is only saying that the city is ready for negotiation. Mayor Scott stated that the city should negotiate that the deal is in the best interest of the City of South Bay. Commissioner Wilson asked if any other company had approached the city concerning the property. Mayor Scott stated that there was not an RFQ sent out as it regards the land. The City Manager stated that he has had conversations with other unnamed companies from the Midwest, that was looking to relocate and South Bay is being reconsidered to relocate. He said that he is out speaking with other companies, as part of his manager responsibilities. Mayor Scott recommended that the city should send out an RFP for companies for the land and also appraise the land to see how much the land is actually worth. She also recommended that the commission look over the letter to Kestrel Logistics and agreement in a city workshop. Commissioner Kyles stated that the letter should be sent to Kestrel to ask if they are willing to come back to the table to negotiate a contract with the city to entertain the city's counterproposal. City Attorney Norris-Weeks stated that rather than an RFP, the city should requests letters of interests, so that companies could come to the city and propose what they would like to do within the city. Mayor Scott asked for consensus to direct staff to bring back appraisers to value the land, Commissioner Wilson questioned the amount of the appraisals, Mayor Scott stated that the City Manager would bring back quotes relating to the appraisal of the land, Vice-Mayor McKelvin recommended that a letter be sent to Kestrel, to bring them back to the table, with the City. Mayor Scott recommended that the land be appraised first, then the letters of interest for parties interested in the land, and then send out the letter to Kestrel to come back before the city. Commissioner Berry made a comment relating to how information is being presented to the commission, in regards to the letter to Kestrel. Ms. Benita Hamilton stated that the city had named her the representative for Lore on behalf of the city. He said that the purpose for Lore was to get the area in the eye of individuals outside the tri-cities area, so that they could see what the area has to offer. She said that over the past two years individuals were coming from all over the United States to come to the area to view what was available. She said that the amount may not be what the city wants, but once the business is in South Bay, that would get more

9 Continuation of Rel:ular CityMeetinl: Minutes May 06, 2014 businesses to come through the city, to grow. She said if the city did not act on the subject the company would go elsewhere. Mayor Scott stated that she supported businesses coming to the city. Commissioner McKelvin recommended drafting a letter to Kestrel to ask if they are willing to come back to the city and respond to the city's counterproposal. The City Attorney stated that the Commissioner Berry could draft a letter to Kestrel Logistics, LLC and she would review. The City Attorney stated that the she did not have the history relating to the agreement with Kestrel Logistics and she stated that the City Manager would be the best person to work with the Commission. The City Commission decided that Commissioner Berry would work with the City Attorney to Kestrel. Mayor Scott made a motion to workshop to discuss the economic development agreement before the letter is sent to Kestrel Logistics, LLC. The motion dies from lack of a second. Mayor Scott asked for a consensus for the City Manager to be directed to receive quotes as it relates to the appraisal to know the value of the land and a cost to do a national advertisement for a letter of interests. Mayor Scott clarified that the City Manager was directed to first bring quotes relating to the appraisal of the land. The City Manager asked if it was the will of the commission, that they would sale the land. The Commission clarified and had consensus on selling the land. Commissioners Comments Commissioner Berry stated that on Thursday April 24, 2014 she attended a Town Hall Meeting in the City of Pahokee to provide an update of the rehabilitation of the Herbert Hoover Dike and for community concerns and questions. She said that Ingrid Bon, from the Army Corps of Engineers would come to the City of South Bay to present the latest update and information of the study that had been done on the Herbert Hoover Dike. She said that the follow up meeting on the dike would probably be in June. Commissioner Berry requested information from Red Cross Representative Tammy Jackson relating to training individuals for first aid service in the City of South Bay. Commissioner Berry stated that Ms. Jackson would be giving an update at our next commission meeting on May 20 th Commissioner Berry stated that she would present a strategic plan to master plan update at the City's Town Hall Meeting on May 27, Commissioner Berry also mentioned a local planning agency meeting Friday, May 09, 2014 at 9:00 a.m. in the Planning Zoning Hearing Room in West Palm Beach. She also mentioned that the Board of County Commissioner would have their meeting Wednesday, July 23, 2014 at 9:30 a.m. She stated that both meetings regarded the Inland Logistics Center. Commissioner Kyles mentioned the Great American Clean up on the past Saturday. He also thanked staff and those that attended the city meeting. ~ The Commission thanked everyone who were involved and attended the city meeting.

10 Continuation of Reeu1arCity Meetine Minutes May 06,2014 Paee 203f"" '~1 Mayor Scott recommended that the commission look into the agenda process. She recommended that the commission add future items or input that they would like to see on future agendas. She asked for a consensus from the commission regarding future agenda items. Commissioner Kyles requested to discuss the Mayor Scotts recommendations at the next city meeting. Mayor Scott adjourned the Regular City Meeting 10:29 p.m. ~~. Jessica Figuero,_ City Cler~