ClTY OF SOUTH BAY CITY COMMISSION MEETING MlNUTES OCTOBER 02, 2012

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1 Page 2242 ClTY OF SOUTH BAY CITY COMMISSION MEETING MlNUTES OCTOBER 02, 2012 A Regular Meeting of the City Commission of the City of South Bay, Florida was called to order by Mayor Shirley Walker-Turner in the Commission Chambers at 335 S.W. 2nd Avenue, South Bay, Florida at 7:00 P.M. on October 02, The Pledge of Allegiance of the F'Jag of the United States of America was given by all in attendance. Roll Call: Present Absent Mayor, Shirley Walker-Turner Vice-Mayor, Linda Johnson Commissioner, joe Kyles Commissioner, Esther E. Berry Commissioner, john Wilson x StaffAttendance: Corey Alston, City Manager jessica Figueroa, City Clerk Thomas Montgomery, City Attorney Edger Kerr, Public Works Director Vicky Delbosquez, Human Resources Director Arthur Anderson, Community Dev. Director Massih Saadatmand, Finance Director Mayor Walker-Turner called for any voting conflicts. There were none. Mayor Walker-Turner called for any additions or Deletions. Vice-Mayor Johnson made a motion to amend the following items on the agenda. Defer on the consent agenda until the next commission meeting. Change the otle old business to special business. Add a presentation from Freclrick Broberg Pbstic Pallets, Bl. Add a presentc tion from Dr. Robert Reese, P<'Ilm Beach County Business Development Board, 82. Move the comments from the floor on agend items only, to be placed under special business, B3. The Motion was seconded by Commission r Kyles. The vote was Vice-Mayor Johnson, yes; Commissioner Wilson, yes; Commissioner Kyles, yes; Commissioner Berry, yes; and Mayor Walker-Tu111e1", yes. Special Business The City J'vlanager introduced Mr. Fr drick Broberg. He said that Plastic Pallets Solution was previously owned by Yarum Aisenherg along with his on Avi Aisenberg, who was also in attendance at the city meeting.

2 Continnation of City Commis. p 3 Me Broberg stated that he had been in the recycling business for six years. He said that his business is the world's largest electronic recycling firm. He said that his business urrently employees eight hundred people in ten plants throughout the U.S. He said that he had recently acquired late Yarurn Aisenberg business, He said that he plans to expand the facility with local coulltie". He s at'j that the new company name is now enax. He said that the business would recycle and take plastic from local counties and cities. He said he is hoping to provide employm Ilt and growth to the city. Mayor WaU<er-Turner asked if the jobs that were mentioned wer temporary. Mr. Broberg said that none of the jobs were temporary; all are permanent, depending on the performance of the employee. Commissioner Wilson asked "what are the qualifications for the jobs". Mr. Broberg stated that Ron Douclur handles all applications and job descriptions. He said that Avi Aisenberg will continue to run the operations of the plant, but he is the ultimate owner. Mayor Walker-Turner welcomed new business into the community. Mr. Broberg said that he would look into hiring local workers. Mayor Walker-Turner asked i the jobs mentioned were minimum wage jobs. Mr. Broberg said it depends on the job description. He mentioned entry level positions as well as supervisor positions depending on skill level. Mr. Alston stated that it was important that the c I11111i5Sioli and new ownership l11et. He said to the public that he would like for the residents to know that he is also working with current business owners and reaching out to tlwld to find ways to help them b'l'ow and expand. Mayor Walker-Turner introduced Robert Reese representing L.O.R.E. as well as Palm Beach County Business Development Board. Mr. Reese stated that the LORE Board had approached the Palm Beach County Business Development Board and requested a possibility for a full-time representative from the Business Development Board focusing strictly on the Glades. Mr, Reese said there is discussion of collaborating LORE and the Business Development Board to look for ways on developing a marketing plan to bring businesses to the Glades. He said that the next meeting for the L.O.R.E. Board will be on October 09, 2012 at 3:00 pm at Workforce Alliance. He mentioned on October 16, 2012 at noon the LORE Board will have a luncheon located at the Co-op in Belle Glade, in which the key partners in the community will be in attendance. He said he is looking for individuals who are willing to invest in the project. He then mentioned that the LORE Board will be asking each city to make an investment for the union between LORE and the Business Development Board. The City Manager stated that he Illet with Gregory Hines the Senior Vice-President of Palm Beach County Business Development Board and silared tbe proposed site plan as it relates to th.e cil)"s Industrial Park. He said that the meeting was affiliated with the discussion of Dr, Reese. He said th' Industrial Site is one the few sites in the Glades area that is already appropriately zoned for Industrial Businesses and operation in municipal boundaries. Mayor Walker-Turner said with the approval of the com~rllsslon, Serg ant Ford would like to make an introduction. Sergeant Ford introduced the new community police for the City of South Bay, Sergeant Richard Angelo. Sergeant Angelo meotion d the NatioD<l] Night Out at Tanner Park on October 18,2012. He said that the Sherriffs Department will be hostin the event. Mayor Walker-Turner applauded Sergeant Ford & the Shel'riffs Department for bringing National Night Out back to the City of South Bay. Public Comments on Agenda Items Only I<etisha Md<elvin repre ented the Concern Citizens of South Bay in regards to Resolution , approving the seven point plall. She :aid th., tile 'oncerned citizens are th residents of South Bay_ Ms, Mckelvin read for the record some of the complaints given by the concerned cllizens of South Bay. The plan that was vot"ed on wa not ll1 the resident's best intere L. we don't like for yoll Lo treat lis like this commissioner',our voic s count.... Why can't we wail until the attom y's meetallhe mediation on Oetob r 28, 2012.

3 Continuation of City Commission Meeting Minutes October 02, 2012 We do not like the changes that are being discussed and made on our behalf. the county is not for us they are for themselves. We do not like the extra charges that GUA is putting on our water bills. Ms. Mckelvin said 'We the people wish to be informed not misinformed, not intimidated, not bullied, not misrepresented or lied to". She said that the residents deserve to have their voices heard and opinions made at city meetings without having a commissioner send hi.s wife to secretly record a meeting that was held by the Concern Citizens. She said that residents are concerned about the decisions being made conceming the city resources, jobs, community and the future. She said that the residents stand in opposition to the decision that was made regarding the seven point plan. She stated that business owners and city employees should not be threatened for attending concemed citizen meetings or any other meetings for the fear that contracts and jobs will be taken away. She said that the concerned citizens feel that commissioners should not negotiate in opposition to a negotiation agreement, which was entered and agreed to on October 18,2011, stating that the commission would let the City Manager and the hired City Attorney to negotiate on the citizens behalf. She said the concerned citizens are asking the commissioners to resend the motion that was made to approve the seven point plan. Javin Walker stated that he is commenting on behalf of the concerned citizens of South Bay. He asked the commissioners to rethink their vote as it relates to the seven point plan because it is not what the community wants. He said he had a signed petition of 228 registered voters from the City ofsouth Bay that states that the residents do not want the seven poi ot absorption plan, He said the residents are asking for the commissioners to consider rescinding the motion of the seven point absorption plan. Elvis Harvey stated he is speaking on behalf of the concerned citizens of South Bay. He said the concerned citizens have gone over the seven point absorption plan detail by detail. He stated that he had documentation from the County board meetings dated back from He said the City Manager is a board member of the GUA and is in attendance at every board meeting. He said that it has been documented that the City of South Bay is now financially stable and DOW in a position to handle their own water and sewer system. He read for the record documentation stating that the City of South Bay City Manger Corey AJston said Tuesday that the City won't agree to the plan without the opportunity to take back the city's water and sewer system. Willie Marshall stated that he is concerned about the City. He said that the city has some of the best land on US Hwy 27. He asked the commissioners to do what is right for the citizens of South Bay. He asked that the citizens not be hurt in the process of the seven point plan. He asked the commissioners to listen to the City Manager and City Attorney and do what is best for the citizens ofsouth Bay. Mr. Williams a resident ofsouth Bay mentioned the $27, to the hired Attorney for the GUA who did not even complete the job. He said if the City Manager stated that the seven point plan was not good for city, then why would the commission vote to approve to go with the County. He mentioned from the comment before that someone is getting paid to do what they are doing, which is vote to go with the county. He said that the people ofsouth Bay should have a voice to be heard and be granted their opinions as it relates to the water. Mr. Green residents of South Bay commented on the bad deal made by the city regarding the water. He said that the City Commission is giving away the water for free. He said the county would not even clean the debt of the city. He asked the City Commission to fight for the city and change the contract that has been made with the county because the county had not done what was said that they were going to do. Resolutions Vice-Mayor Johnson read Resolution for the public, which read Resolution committing to dissolve the Glades Utility Authority and to transfer the Glades Utility Water and Wastewater System, Assets, customers and services area to Palm Beach County; providing for conflicts; providing for severability; and providing for an effective date. Vice-Mayor Johnson made a motion to approve Resolution The

4 of City Commission Meeting Minutes October OZ, 2012 Page 2245 motion was seconded by Commissioner Kyles. Vice-Mayor Johnson made a request to change some of the language in the agreement, to give the city more flexibuity. In the agr enwnt title, instead of saying the word committing the city is actually saying approving the Resolution of Glades Utility Authority and will read the following. On the second page of the agreement in section 2 after the word county, it would state contingent upon approval of all three cities and the cou nty. Vice Mayor Johnson made a motion to amend the previous motion to reflect the changes to the agreement. The motion was seconded by Commissioner Kyles. The vote was Vice-Mayor Johnson, yes; Commissioner Kyles, yes; Commissioner Wilson, yes; Commissioner Berry, yes; and Mayor Walker-Turner, no. Vice-Mayor Johnson made a motion to approve Resolution concerning Amendment 4 to the Florida constitution which, of adopted, would create additional inequities in Florida's tax system by granting certain tax breaks to some tax payers at the expense of other taxpayers. The City Manager clarified the changes that were made in the workshop. He said that the City of South Bay has evaluated the impact that amendment 4 may have on taxpayers and state as section 04 of the resolution that the City opposes the passage of amendment 3 and make section 03 read section 04. The motion was seconded by Commissioner Wilson. The vote was Vice-Mayor Johnson, yes; Commissioner Wilson, yes; Commissioner Berry, yes; Commissioner Kyles; and Mayor Walker-Turner, yes. Departmental Reports Dr. Anderson mentioned the September 13, 2012 magistrate hearing. He said that the properties that came before the magistrate included properties 230 NW 12 th Ave, los NW 2 nd Ave, 225 NW 12 th Ave and 255 NW 3 nl Ave in South Bay. He said that the commission will later receive minutes from the magistrate hearing. Commissioner Berry stated that she had received a third request from a Ms. Rogers, who lives in the Elion Avenue area, regarding mowing of the grass. Commissioner Berry asked if the city had followed up with the request that was made by Ms. Rogers. Dr. Anderson stated that the Code Enforcer, Mr. Terrell was out on vacation for a week and is now returning to work. Dr. Anderson said that he will relay the request of mowing to Mr. Terrell. Dr. Anderson gave an update on the demolition program. He said that city submitted an application in AuguSl 2012 for dem oli tions for the ci LY. He said city staff is proceeding with requests for funds from the county. Dr. Anderson mentioned that city staff had met with concept companies out of Gainesville, who's interested in the property next to the window tenting busin '5S in Soutb Bay. H said that the company would like to bring a retail bujlding into the City. The City Manager said city s ff is currently waiting on final approval from the corporate office, to bring in a Dollar General into the City of South Bay. Dr. Anderson mentioned the braiding lass thal has been offered through the City of South Bay. He said city staff had signed a tentative agreement with Comml-mity Action Program. He said Community Action will provide the city with $4, to implement the braiding course program. Dr. Anderson stated that 011 September 27, 2012 the city had visitors from tile Inspector General's Office, Mr. Mike Kennedy and Mr. Hank Nagel. t-ie said that he was appointed by the City Mnndger to be the Iiai 'on person between City of South Bay anti the Inspe tor General's Office, Vice-Mayor Johnson asked for an update on the asphalt pile along US Hwy 27. Dr. Anderson said city staff had received a commitment th t the asphalt would be rem vecl by th('~ time lh permit expired. He said he will follow up with the proce s of removing the asphalt. Dr. Anderson stated that the FOOT used the asphalt for road repair. Mayor Walker-Turner stated that the asphalt was being sold and not used for road repair. Dr. Anderson said he would speak with Code Enforcement < sire ards to health and hazard.

5 012 Page 2246 City Manager Reports The City Manager stated that dty staff had a meeting regarding the allocation of $400, for Palm Beach Road. He said the City would have another year to actually 'xecute the project. He said the project is still on and the money is still allocated for Palm Beach Road. He said the next step would be a sample contract from the county and the city for the dollar amount. The City Manager mentioned the city's third meeting in October. The City Manager said city staff had initially intended on going with a deigned build procurement methodology to save time and start the project sooner. He said the county asked the city to reconsider the full process which was already completed by th city. He sajd when city staff initially done the solicitation the city had received bids back and the lowest qualified bid was a team that suggested that they could do the entire road and all of the engineering work for $400, He said the county had proposed, if City of South Bay will consider paying all of the upfi"ont cost associated with the engineer so that the full $400, could be available for the road. He said he will come- before the 'ommission within the next couple of weeks and ask for a budget amendment to do an upfront cost for the engineer. Commissioner Kyles mentioned the bid process when processed through the county, The City Manager stated that the city's insurance adjuster will review city hall and the commerce center. He said it is possible that the adjuster's value of I-he dam ges may be less than what the city would like to receive. He said city staff had received anum ber of bids regarding the damages to the roof. He said city staff had received bids ranges from $12, to $17,000,00. The City Manager stated he would like to officially label and identify all City owned parcels throughout the city, with the help of Mr. Kerr. The City Manager stated within the next couple weeks he will bring before the commission a specific list of parcels that ci ty staff is looking to seeking bidders to buy and or lease. /-Ie mentioned that public works staff is in the proc s of executing the potholes around the city. He said there were a number of potholes around the city. He said if anyone who has a street or pothole concern please complete a complaint form. City Attorney Reports The City Attorney said s it regards to Structural Systems in til City of South Bay, the city has had a summary judgment hearing recently, He said the judge will grant the summary judgment to require the removal of structural systems from the Industrial Park. He said Mr. Ambrose is not pleased. The City Attorney stated there is a buyer for the parcel of pmperty and there should be a closing as soon as the State of Florida approves the parcel release of the mortgage. Th' Cily Manag I' said the Buy r for the parcel, per the contract Jras paid $10, in good faith moll'y in escrow nd as soon 3, the State, pproves the buyer will be ready to close. Public Comments Willie Marshall resident of South Bay stated tha at th end of NW 12 1h Street there are rocks being stacked at the end of the road. He a<;ked who was responsible to clean up the area. He said on 10 th Street chere is a building that was in the process of being tom down nd has not been completed. f-le said the area is looking bau, due to the pl"oject H' said on l2 111 $h'eet there is a house that h d been abandoned, he said the house h s overgrown bushes and gra's LIlTolll1ding the holls, The CiLy Manager said that he rroperties Lhat were identified had been ovcrviewcd by city st IT nel has all' ady gone through magistrate, ThOnl,IS Stinson residenl of outh Bay sk ti he City Manager of the pro ess relating to property on US Hwy 27. The City Manager said that 11 is aware of Mr. Stinson's interest on property located on US Hwy 27. He said he will compile <I list of six properties and pres nt those properties in detail to th City Commission for consideration

6 Continuation of City Commission Meetini: Minutes October Page 2247 George Sandiford resident of South Bay said in the past y ars the public comments were listed the last item on the agenda. He said he may want to comment after a commissioner had made their last comment. Commissioner Comments. Vice-Mayor stated that the leadership has the la t word on agenda items. She said she had not seen a meeting close with public comments. The City Manager stated different cities have different methodology of city meeting agendas. Commissioner Wilson, Commissioner Kyles and Commissioner Berry thanked all who attending the meeting. Mayor W,l!ker-Turner thanked everyone who tbatl'tted ~. attended the meeting. She distributed information for vital statistic regarding heath benefits. She reminded dty staff and the public of "Glades Business Day" at Workforce Alliance on October Mayor Wajker-Turner adjourned the City Meeting. ATTEST: f~