CITY COMMISSION MEETING CITY OF SOUTH SAY, FLORIDA TUESDAY OCTOBER 18, 2005

Transcription

1 Page 1452 MINUTES CITY COMMISSION MEETING CITY OF SOUTH SAY, FLORIDA TUESDAY OCTOBER 18, 2005 Mayor Clarence E. Anthony called a meeting ofthe City Commission ofthe City of South Bay, Florida to order October 18,2005 at 7:00 o'clock PM. The meeting was held in the Commission chambers at 335 SW 2 nd Avenue South Bay, Florida. The Pledge of Allegiance to the Flag ofthe United States ofamerica was given by all in attendance. Present: Mayor Clarence E. Anthony Vice-Mayor Esther E. Berry Commissioner Joe Kyles Commissioner Shirley Walker-Turner Commissioner John Wilson Commissioner Walker-Turner movedj Second Commissioner Kyles to adopt the agenda as amended to include a Proclamation for Joe Amato. The vote was Commissioner Walker-Turner, yes; Commissioner Wilson, yes; Commissioner Kyles, yes; Vice-Mayor Berry, yes; and Mayor Anthony, yes. Mayor Anthony introduced Ellen Smith who gave a presentation of Step up Florida. She said that Governor Bush has set up the Step Up Florida because he wants all of us to be well. He wants us to step up to the wellness challenge. There are 1440 minutes in every day use thirty of them for exercise. Join as part of the Martin Luther King Glades Celebration Family Walk at Lake Okeechobee Scenic Trail (L.O.S.T.) Saturda January 14,2006 from 8:00 A.M. -9:30A.M come walk any time. Starting point wiu be South Bay Boat Ramp. Mayor Anthony called for discussion of Structural Systems request for purchase of Park of Commerce Land. City Manager Tony Smith told the City Commission that Structural Systems has requested that they be allowed to have an opportunity to come in and make a second request for resolution asking that the city enter into an agreement for the sale of 42 acres to complete their project and they already have an approximate fahon eight to ten acres leased from the city fot several years. During the past year and one half he has the opportunity to meet with Mr. Ambrose and secondarily Mr. Romeril over the past several weeks. This request that we are bringing in to you tonight is for some discussion. We do have some comments in regards to some ofthe minutes that I have been able to honor

2 Continuation ofminutes of Commission Meeting of October 18,2005 Page 1453 through the help of Ms. Walker that there is no documentation that Structural Systems had any commitment from this city for the sale of any properties. The lease was in place and the lease ofthe property has been expanded from five to ten acres now and that is what they are now housed on as far as their property is concerned. In minu~es that was provided by the Clerk's office I was able to research that on August sncth 2002 there was a great deal ofdialogue between Structural and the Commission and during that period of time the Mayor was unequivocal in his position that Structural along with any other companies that was interested should apply through RFP to purchase any land that the city owned in the Park of Commerce.-The RFP process has now come along it-has.. been several years in the making.this Commission was kept in the loop ofthe making mainly by Dr. Richard Orman and us. I do want to give indication that in two thousand two when Structural came forward they offered $6,000 per acre. One of the comments that they were interested in still purchasing the property and one ofthe things that they are asking for now is fair market value. He said that the fair value would have to be based on an appraisal and fair market rate at this time. The request to purchase forty two acres from his point ofview gives him some concern at this time, we have roughly one hundred twenty acres and that is equivalent to all but one third ofall the acres that we have. One ofthe things that Structural likes to do ofwhich he also has some heart burns and questions about because it is a commerce or business park not an industrial park is to put a ready-mi.x concrete unit there and he takes exception to that and staff that has been working on the project has design standards and any business or companies that would like to go into this park would have to meet these design standards. He said that he thinks that the ready-mix concrete falls on th.e industrial side. He said that he would recommend that they be allowed to purchase twenty acres based on the appraisal value. City Attorney Montgomery said that his position still stands, you have a proposal out there and you need to wait until you receive all those responses. He said that he believes tha,t this particular tax payer has also submitted a proposal. Mayor Anthony called for a representative of Structural Systems to speak on their behalf. Mr. Barry Romeril thanked the Commission for allowing him to make a presentatio.n he said that the key player Mr. Ambrose was able to be here, he had a bad accident but he is here this evening and he has the history much more than he does. He said that the investors and. the management of structural systems is at a critical, critical he said that he could not over emphasize points in its development and growth. John Ambrose said that Structural systems in June of 1998 discussed with the Commission a lease purchase of land which was agreed to. We had a lease and as anticipated we grew and our product we marketed to the lindustry and we were very well received. A new lease option for the ten acres was put together. He said that they have always since 1998 on wished to purchase land and we have been back and forth as the Commissioners are well aware. He said that at a meeting of September 19, 2002 he believed that it was agreed by the Commission that Berner Oil, S.B. Pallets and Structural would get the land that each wanted which at that time was fort)' something acres. He said that at the time the City Clerk was instructed to have a survey done of the property but he found out that it had not been done so he paid for the survey

3 Continuation of Minutes of Commission Meeting of October 18, 2005 Page 1454 and had it supplied. Everything changed when Tony Smith came on as manager and suddenly there is this RFP. He said that they raised very strong objections to that situation He said that Structural Systems currently employs eighty people. He said that he wants this business to survive and grow. He said that they have five million dollars of commitment as he speaks. Michael Jackson said that be was speaking on behalf of his client and also as a.resident of the city. He said that he has conversations with the planner who is responsible for this project and he clearly stated that he stands behind the documents that the city developed. Basically saying that the documents are not legal documents and that the city has the right to do as it pleases with this property from the beginning, middle or the end. Cities are sued all the time, broken sidewalks, not informing residents anything. It is common place but the thing that protects you as a citizen, the documents that went out did not include that Structural Systems was already located on the ten acres. Mayor Anthony said that the real point here is that our staffhas met and they have indicated that there is an RFP out and we have an opportunity ifwe want to carve out x number of acres. We have an RFP out the process is moving we can let that go or a policy decision may be to accept the Managers recommendation or some other recommendation ofa Commissioner. Mayor Anthony called for comments from the commission. Vice-Mayor Berry said that comments had been made that the Ambrose land had been excluded from the RFP, eight acres. City Attorney Montgomery said that he did not think that was he said. He said that he said that the RFP did not advise the public that there was acreage that had been leased. Vice-Mayor Berry said can we check the RFP to see if it was included. City Attorney said that it does not matter whether it was included or not tnere is no written lease that he has seen and no written option to buy as he has seen and if there is a lease it is from month to month or year to year according as to how the rent is paid. Vice-Mayor Berry said that with this answer the RFP is correct. City Attorney said that he will not say it is correct but he will say that it is the City RFP and you have it out there and the public has responded to it including as he understands it this tax payer. Vice-Mayor Berry said that the Mayor stated and Mr. Jackson stated that this is policy. Mayor Anthony said that when he said that it is a policy decision he meant that we have heard from our Manager, the Manager has recommended that we work to keep Structural Systems in the city and is recommending that we negotiate with them if this commission agrees up to twenty acres of that property at fair market value done by an appraisal. That is his recommendation. We have heard from the business so we have heard from both sides so when I say it is a policy decision it comes back to the Commission. We have an RFP out we can proceed with that or we can make another decision here tonight and move forward with that. He said that the Commission needs to make a decision and get this issue off our plate so we can go on to other things. Com.m.issioner Walker-Turner wanted to know what the dead line for the RFP process is. Vice Mayor Berry said that she woujd like to make sure that we have any documents relating to any polic)' decisions and according the Manager and the Attorney there are no existing documents to substantiate or validate the city's work. Mayor Anthony said that if we have one it is expired. W'e went month to month. We have continued to work with Structural Systems. and be has no concern with the Managers recommendation because he desires to keep them here, but that is his perspective on it. Commissioner Walker-Turner

4 Continuation ofminutes of Commission Meeting October Page 1455 said that her concern is two-fold, She said that if we have put out an RFP out there and we have asked the public to bid on various parcels of land and they have submitted their requests or proposals to purchase the land. She said that she does not know ifthis land includes the land that Structural Systems wants. Mayor Anthony said that it does. She said that she heard legal council say that we have an RFP out there and we have an obligation to review the responses that have come in and on the other hand she heard a recommendation from the manager so she was not clear. City Manager Smith said that he would clarify. Mr. Smith sald that the recommendation that comes from the Manager provides that you wait through the process. You give indication in the RFP that this Commission had the sole responsibility for the decision and you can accept or reject or do an alternative. You: still would have to wait up until the first and then exercise the decision to include or exclude them if that is your desire. Mayor Anthony said th.at Structural is in the process. Mr. Ambrose said that he would like to say that Dr, Orman said that he had structured the RFP so that the city could do what they desired before during and after the process. He said that their own legal adviser said that the RFP is wide open. He said that twenty acres does not work for them and he wanted to bring this to some sort of resolution. He said that they would consider thirty acres. Mayor Anthony asked what the desire of the Commission is. Do we want let the process run or do we want to make some policy direction tonight Commissioner John Wilson said that we are looking at another two weeks and view all proposals and at that time make a decision. Commissioner Wilson Moved/Second Vice-Mayor Berry to let the process continue and then make a decision. Commissioner Kyles said that he has been on the Commission for some times and he want') Mr. Ambrose to leave here tonight and he has high hopes in the Commission to work with us through the scenario and he thinks that something can be worked out. The vote was Commissioner Kyles, yes; Commissioner Wilson, yes; Commissioner Walker-Turner, yes; Vice-Mayor Berry, yes and Mayor Anthony, yes. The City Manager told the City Commission that we have a request from Mr. Randy Burden and his wife for donation ofland next to his home at 120 SW 7 m Avenue. Mr. Smith said that he has been maintaining the property for the past four years at a cost to him of$2,700. He said that there is a city sewer lift station housed on the property and he would like to' expand his house. The City Manager said that he does not have a problem with it. He said it is not unusual ifyou determine that the property has no significant purpose. He said that he does not see that the property he is asking for would have any adverse affect. Mayor Anthony wanted to know how much property there is. City Attorney Montgomery asked ifthe public has been notified that you are going to give it away. Mr. Smith said no that thi,s was just asking for the Commission endorsement and then he would take it to the next step to be in concert with any legal ramifications but he didn't want to do anything unless the Commission had already endorsed it. Mayor Anthony asked how much property we are dealing with. Mayor Anthony asked if there were any comments from the Commission. Vice-Mayor Berry said that she would like to

5 Continuation ofminutes of Commission Meeting of October 18, 2005 Page 1456 follow up on what the Mayor attempted to say about setting precedence in terms ofland meaning. She said that she would need time to look at it. Commissioner Wilson said that he would like to thank Mr. Burden for maintaining the property. He said that the property is different from most of the property that we have. He said that there is a lift station on it therefore it would be very difficult for anyone to purchase it to build anything on it He said that there is a requirement that we have seven and one hal f feet set backs would we have to waiver that. He asked Mr. Burden what part ofthe house he planned to add to. He said that instead of being two lots it would have to be one lot. Commissioner Kyles said that he would like to discuss it with the City Manager prior to making a decision. Commissioner Walker-Turner said that it has nothing to do with Mr. Burden but it does require some consideration and if the land is for sale and even though Mr. Burden has maintained it, while that may be given some consideration but she is really concerned because she heard this from another employee here about city owned land and wanting that land. She is concerned ifwe are opening to be careful as to what we are opening the and he didn't feel like having a house this close to this structure. Mayor Anthony called door to. Mayor Anthony said that he remembers having a similar issue with Mr. Green. Mayor Anthony said that he didn't feel comfortable in giving this property in this manner for a motion to table the request until Mr. Kyles can speak with the Manager. Commissioner Kyles Moved/Second Vice-Mayor Berry. The vote was Vice-Mayor Berry, yes; Commissioner Walker-Tumer, yes; Commissioner Kyles, yes; Commissioner Wilson, yes and Mayor Anthony, yes. Cornmjssioner WaJker-Turner Moved! Second Commissioner Kyles to give Mr. Joe Amato a Proclamation for his dedicated service to the Glades area on his retirement. The vote was Commissioner Walker-Turner, yes; Commissioner Kyles, yes; Commissioner Wilson, yes; Vice-Mayor Berry, yes and Mayor Anthony, yes. City Manager Smith said that ordinance is an ordinance approving the annexation of land owned by Willie C. Poole and has been properly and duly presented. Mayor Anthony called for a motion to adopt Ordinance on the second and final reading. Michael Jackson said that during the first reading he asked if there was any notification ofwhat the land would be used for. He said that the general area should have been informed. City Attorney said did he understand the Mayor correctly that this has already been placed on the agenda of the Board of County Commissioners, City Clerk Walker said yes. City Clerk: Walker said that according to the COWIty Planner this ordinance is sufficient to get it on the COWlty Commission Board agenda. Motion to table Ordinance by Vice-MayoT Berry, Second Commissioner Kyles. The vote was Commissioner Wilson, yes; Commissioner Kyles, yes; Commissioner Walker~Tumer, yes; Vice-Mayor Berry, yes and Mayor Anthony, yes. Mayor Anthony called. on City Manager Smith to tajk about Ordinance on the first reading. City Manager Smith said that this matter has been discussed at two meetings of the Tri-Cities. As to whether the City of South Bay wants to engage in a

6 Continuation of Minutes of October t Page 1457 relationship with the County to establish a Municipal Services Taxing District Unit whereby it will be engaged in a partnership with Palm Beach County Fire Rescue for providing Fire Rescue Services. This is a matter that is being brought back because the date for inclusion is approximately December 31 by which we have to have a decision but you don't want to wait thallong because it has to then go to the Board of County Commission to render whether you want to be a part of the Palm Beach COlUlly Fire Rescue District. Commissioner Walker-Turner said that the city does not have the finances to support operating a fire department with eleven people around the clock. We talked a lot about rescue services but we never came to any consensus with it. I guess r was thinking that,belle Glade, South Bay and Pahokee were coming together to form some kind of regional fife rescue and now she is hearing that Pahokee is not and where is Belle Glade? RusseU Frank South Bay Fire Captain said that when the three departments got together they determined that it would cost more than they could generate by doing the Regional tru'ng so they went to the county and their determination was that we do our own Taxing district at that point Pahokee decided to go to their own taxing district. Commissioner Walker-Turner asked ifbelle Glade was going that way too. Russell Frank said that they are bringing it to their commission. Commissioner Walker-Turner said that she does not see any way out. Maybe within the five years we can set aside money to build our own fire department. Commissioner Wilson said that he knows that it is needed. He said that we need help in the city of South Bay with the Fire Rescue. There are times that we have only one or two firemen trying to put out a fire. He said before we make any decision he would like to go over the contract with the City Attorney. Captain Frank said that he asked the Attorney for his opinion. City Attorney Montgomery said that we did not want to repeal our Ordinance. What we wanted to do was make it ineffective during the course when this agreement is in effect and iffor some reason we pulled out we have our old law in effect. Mr. Smith said that the old law will be in abeyance and if we want to go back we don't have to go through the process we can just go back to our ordinance and then you can opt out with the COlU1ty. Mayor Anthony said that the county passed that the level of service requirement and a lot of cities are not able to hold up to that level of service. He said that there,is a law now that we have a certain nwnber ofofficers on duty at all times and right now the only way they can do that is to engage the COlU1ty facilitate this by parmering with our other cities in creating a Municipal Service Taxing Unit. We are paying for it ourselves. Russell Frank said we are not paying what it takes to run our Department. Commissioner Walker-Turner asked why didn't the county just say to fallen Municipalities like South Bay rather than put us in a position that we have to decide to give up because Legislation has been passed we are required to do things that they know that we cannot do and then come back and ask us as to whether or not we want to do it. She said to her there is something kind of missing in this picture. She said that ifwe are required to have eleven people on duty at all time and that is something that the COlUlty planned then it seemed to her that their ultimate goal was to take over the small cities fue rescue program because the average small city a city our size cannot afford to have eleven people on duty around the clock. Russell Frank said that it seems to him that it really was going to force that to happen or for people to group

7 Continuation ofminutes of October 18,2005 Page 1458 Mayor Anthony said that this process is going to go on at least three or four years. There was a county wide task force and Palm Beach County Municipal League was represented they had meetings for years and the league of cities fought this and the only way it got enacted and supported by the league ofcitie.s was the county said that they were going to put this issue on the ballot and if they would have gotteo it 00 the ballot in a language that would have been do you want high quality safety for your family and your community yes or no; and yes I would want that and then they would have had the power to enforce it and it would have been more stringent. Mayor Anthony caljed for a motion to adopt Ordinance 13e2005 establishing an MSTU for Fire Rescue Service in the City of South Bay. Commissioner Kyles Moved/ Seconded Vice-Mayor Berry. The vote was Commissioner Kyles, yes; Commissioner Wilson, yes; Vice-Mayor Berry, yes; Commissioner Walker-Tumer, yes; Mayor Anthony, yes. City Attorney Montgomery asked Mayor Anthony to go back to Ordinance number He said that he was handed the new statute that just went into effect and he has reviewed the County Ordinance they have taken out the notification of property owners and the process,is by publication in the newspaper and the publication ofthe map ofthe area to be annexed and that has been done in this case so the ordinance that you have before you has been properly noticed and if approved it will go to the county on the twenty fifth. Mayor Anthony said that given that infonnation given I remove that item from the table. The City Attorney said that he could ifthey vote. Mayor Anthony called for a motion to remove Ordinance from the table. Commissioner Walker Turner Moved/Seconded Commissioner Wilson. The vote was Commissioner Walker-Turner yes, Commissioner Wilson, yes, Vice-Mayor Berry, yes, Commissioner Kyles, yes and Mayor Anthony, yes. Mayor Anthony called for any comments for the public. Mayor Anthony called for a motion to adopt Ordinance on the second and final reading. Commissioner Walker-Turner Moved/Seconded Commissioner John Wilson. The vote was Commissioner Walker-Turner, yes, Commissioner Wilson., yes; Commissioner Kyles, yes, Vice-Mayor Berry. yes and Mayor Anthony, yes. City Manager Smith told the Commission that the city has been notified by the State and Palm Beach COImty office ofeconomic Development that the designation of the city as an enterprise zone designated for the city will expire in December and we are bringing this to the commission to join the cities of Riviera Beach, west Palm Beach, Belle Glade and the city of South Bay to file a joint application for the entire city be proclaimed as an enterprise zone. Vice-Mayor Berry Moved/Wilson Seconded to adopt Resolution authorizing the submittal of an application to the Florida Department of Commerce as a designation ofa Florida Enterprise Zone. The vote was Commissioner Wilson, yes; Commissioner Walker-Tumer, yes; Commissioner Kyles. yes; Vice-Mayor Berry, yes and Mayor Anthony, yes.

8 Continuation of Minutes ofoctober 18, 2005 Page 1459 City Manager Smith said that he would like to make notice that there are a couple of economic development seminars that he is recommending that the Commission consider attending. They will be held October 31 and November 1. There will be two sessions per day. Commissioner Walker~Tumer said that it seems that there are two groups doing the same thing. Mr. Smith told the Commission that the seminar is the one that is being sponsored by Palm Beach COWlt)'. Mayor Anthony said that the challenge here is that this group is talking about improving existing economy as well as economic development and what he is concerned about is as we move forward to the November County wide Economic Development Swnmit he hopes that there are not two groups. He said that he is just confused as to why we have two groups. Mr. Smith said that the Swrunit of last week was inserted after this onc had been planned. Commissioner Wa1ker~Turner said that she asked the same question at the Tri~City meeting and what she was told was that political leaders are there, South Bay is just not there. Commissioner Walker-Turner said that she asked why we don't know when these meetings are taking place because she knew that she had not received infonnation. She said that she got that from Mayor Sasser he said that South Bay was not at the table. Mayor Anthony said that if any Commissioners are able to please engage in the forum. City Manager Smith said that he is going to need some redirection, when we submitted the transportation and road improvement program we were pretty excited about trying to redo comprehensively as many roads as we could and I said to the commission that jt would take several years based on th.e money that we had if we did not have some bounty of money to do all of the roads. He said that. he had some conversation with Ms. Walker just on the side as a practical matter about creating the roads. You may recall in the program that we are talking about called right ability. Mr. Smith said that right ability would be an inexpensive way to improve the roads much faster probably starting in several months or between now and the beginning of the year. If that is what you want to do. He said he has started working on a right ability program to bring to you and he will do that but Ray Bohne from the comty that contacted him about starting to accelerate and create right ability. It would be in the same fashion that I am presenting you in the non community development strategy area and if you want to continue to have high density restoration and reconstruction of all roads in the community development area it will just take some time to do that. He said that he will bring it back to the commission he just wanted to let them know that he was working on it. He said that be is coming up with an alternative plan for right ability because we just do not have the money right now. Vice-Mayor Berry said that she was glad that he said that he would follow up with additional information. City Manager Smith said that also he does have a document to provide to the Commission and some of you may have gotten a copy ofa document that he sent to Mr. Ed Lowery. He said that they mjght remember trus city was acknowledged for a four hundred thousand dollar grant to improve roads through the office of Commtmity Revitalization, therefore he filed a request on behalf of the city and he asked for one point two million dollars over a three year period. Mr. Ed Lowery got back with us and said that he would rather give us one hundred thousand dollars for the first year

9 Continuation of Minutes of Commission Meeting of October Page 1460 and look at subsequent funding for other years because the roads would have to be engineered He said that he would like to use the one hundred thousand dollars for the engineering for the roads. Vice-Mayor Berry recognized Commissioner Walker-Turner said that it has been a long time and we have been talking about our roads and she was very adamant too about making sure that whatever we do or whatever investments we made was long tenn but it seems that the amount of money that we are getting for road repairs are very rare and we really don't have the money so she would support taking a look at and prioritizing our roads to make them sufficient to ride on so that people don't continue to tear up their cars throughout our city so she would support a plan with the amount of money we have. She said the money earmarked for twelfth street is for twelfth street. Mr. Smith said that it is and it is for total restoration, the water lines, sewer lines, sidewalks, everything. Commissioner Walker-Turner said to take a look at what other money we have to try and make the roads ride able. Mr. Smith said and in the same time accept one hundred thousand dollars and make a decision to stay with total reparation in the CDSG target area. He said that it takes about three hundred and nineteen thousand to restore twelfth. Commissioner Wilson said that the problem is that we get money but it seems like it all goes to engineers and by the time you get through with engineering the time is gone so you have to start allover again Mr. Smith said that the document is just a proposal for discussion he said that we have a two hundred thousand State Legislative appropriation to put in the inter connect. He said that he is pleased to tell the Commission that the interconnect is finished and will be put in place within the next several days. Yes, it took engineering dollars, yes it took laborer dollars. yes it took contracting dollars for Midway but the fact of the matter is that you have an interconnect system that is going to treat our sewage, give us excess capacity and we are just fortunate and blessed that we didn't have to pay a dime. The money that Mr. Wilson is speaking about is money that we applied for the money and if you don't want to take the money I will follow your direction and tell OCR that we don't want to do the engineering work but they asked us for a plan and that was the plan that I was going to bring back to the commission I just gave you a copy of it and a copy to Ed Lowery beeause he said that in order to release the money for engineering services to be ready to put roads in he needed a plan. Commissioner Wilson told Mr. Smith that that is a good idea and he really appreciates what he is doing he said that his only concern is to make sure that we are getting the best for the dobars. He said that when he looks down at one of the contracts that they are saying that their fee is based on the actual work and test performance. It is also saying that any bulldozer or wrecker service required to provide excess pathways are not included in this proposal so all he is saying is that we need some ofthese things but he would like those individually to come to this meeting so they can break all these things down in the contract. Mr. Smith said that he agreed with Mr. Wilson but it is only a proposal and he only gave him a copy of the letter that he had to give to Ed Lowery in order for him to release the one hundred thousand dollars. He said that that is subject to change but he is not an engineer and he won't sit up here and bear witness on what they put their fees in there. He said that he had

10 Continuation ofminutes of October Page 1461 ptanned to bring them to the work shop on the first and tet them bear witness to what the fees and let them tell you what those line items are for. He said that the engineers can tell them better than he can. He said that he wiu bring them back on the first if that is the direction. Commissioner Wilson said that he did thank Mr. Smith for getting the funds. Mr. Smith said that the interconnect came in at a hundred thousand dollars less than was funded and he is working with the state to get their permission to use tlle additional hundred thousand for our new plant. Commissioner Wilson said that he did know that Mi.dway he thought it was year before last we were talking about getting some of the roads done they did give us a proposal for resurfacing ofthose roads now he did not know whether the cost has gone up or not since that period oftime. Mr. Smith said that he would double check that but right now the county is planning to piggy-back on their contract but that is what we will bring to the work shop. Mr. Smith said that he would like to get with Mr. Wilson so that he can go over it one on one because he appreciated his interest. Mayor Anthony called for the next Commissioners comments. Vice-Mayor Berry said that she remembered talking about street improvements and Commissioner Walker Turner asked how long and somebody estimated about eighteen months. Commissioner Kyles said that he would like to thank all in attendance for coming out and participating in their city. He said that he has two questions and maybe the City Manager can answer them for him. He said that a young lady called him to in reference to something that Commissioner Walker-Turner is concerned about as well. It is in reference to the dike and evacuation and he thought that the Mayor and the City Manager has spoken to South Florida Water Management regarding this. Mayor Anthony said that they had provided a letter because they were concerned as well. He said that he attended the South Florida Water Management District meeting and put it on record that we were concerned. Mayor Anthony said that the questions that he asked was that if a category five storm occurs what would happen to the dike, who is responsible and is there a plan. First the Army Corp. ofengineers is responsible for that dike not the Water Management District. There is an emergency preparedness plan that was funded by the State of Florida for Palm Beach County that encompasses our area. They did it for us but we did not know about it. The South Florida Water Management and the Corp ofengineers is working on an outreach program to educate our citizens. Mayor Anthony said that with Wilma coming now we need to start strategizing and get prepared. Mr. Smith has already talked to him today and is going to call the Water Management, Palm Beach County DOC and our folks to get notices ready because he thinks that if something like Katrina occurs he can tell his mom to leave her bouse and she will not leave her bouse unless he picks her up and makes her leave. He said that we have a lot ofwork to do because people are set in their ways and they are not going to leave their homes. He said that our staff has to start putting our wheels in place so that our citizens need to know that we are ready.

11 Continuation ofminutes ofoctober Page 1462 Commissioner Wilson said that he would like to thank everyone for attending the meeting. He said that he still would like to see a sign put up coming off of 27 to prevent those trucks from going down on First Street. He said that he thought that he had mentioned this before. He said that when they turn down in there he is afraid for the kids. Mayor Anthony said that be agrees with Mr. Wilson because he went there and looked at the problem. He said that when the plan was approved he did not think that there was an expectation that there would be an exit in that area. He said that someone in the planning department needs to check it out. He said that he thought that they were supposed to put berms along that road. Mayor Anthony told City Manager Smith that he thought that we need to look at that. Commissioner Wilson said that they are entering 27 on a left hand tum going north. Mayor Anthony said that he did not think that was designed to exit on that road. Commissioner Wilson said that he would like to see the mosquito money that we take in a separate account because he would like to know at the end ofthe year whether we have plus money from the mosquito spray did we have enough money in that account to spray by plane. He said that if you went to the football game Friday night Belle Glade had the mosquito truck. The mist that comes out of their truck is twice as much as comes out of our truck. He said that he was told that the reason that so little comes out of our truck is because the truck is so old we need to up grade that truck and if we had that mosquito spray fees in a separate account we would know if we had enough money to upgrade that truck. Commissioner Wilson said that if you have been down on twelfth it really looks beautiful since it is cleaned off. He said that now he is afraid that we need to put a fence up to keep the kids from going down beside the beautiful track of land. Commissioner Wilson told the Mayor Commission and citizens that our Safety Patrol will be going to Washington D.C. and it is very costly for the parents and it will cost each student about $600 dobars and there will be about thirty students going. He said that he had a meeting with Richard Williams and he asked him for help. His entertainers are going to come to Rosenwald and put on a show and all proceeds are to go to assist the Safety Patrol. Commissioner Kyles and he have spearheaded this. He said that it will be a clean show. He asked them to come out and support the Safety Patrol. He apologized if he has offended anyone he said sometime he gets out of line. Commissioner Walker-Turner said that she too shares with the other Commissioners in thanking everyone for coming out, its been a long night and we appreciate you staying here with us. She said that there was a very interesting meeting held in West Palm Beach on school discipline. She did not know if they all had the opportunity to attend and she did not know how well spread the infonnation was and she thinks that is a real concern for us because people are always saying that in South Bay we don't show up but she is Dot so sure that we have a real good system in place to make sure that people know what is going on but it was an excellent public hearing and was sponsored by NAACP and they had their leaders and attorneys there. People shared the various problems that they are having within our schools as it relates to school police, children being suspended and they talked about some alternatives and other things that maybe the NAACP can help them with to keep the children out of the juvenile justice system so it was really good.

12 Continuation of Minutes ofoctober 18, 2005 Page 1463 She said that Linda Johnson has the transcript from the meeting. She said it was really good because many children are being suspended from school for many reasons and what we want to do is work out some way to keep children in school instead of sending them home because many parents are work.ing and the children become tid supervised and they can get into trouble. She said that there is a Medicare, Medicaid seminar a series ofthree that is taking place and one is going to be right here in the city of South Bay. She said that as a matter offnet it will be in the Commission Chambers. We need to come out Monday October 24 th from I :00 to 2:30 PM and ifyou know anybody that is receiving Medicaid or Medicare this is an excellent opportunity for them to come out and learn about the various prescription drugs. The changes that will come about in 2006 you need to come and learn about eligibility requirements, services, some local resources and also flu shots will be given to those people who are interested in having them. It would be a shame for all ofthese services and this information to come right here to ow" city and nobody show up so she said that she is asking everyone to get the word out and maybe we can ask our parks and recreation to help get the word out. She gave out flyers to be posted and a couple of extras for the audience to share with friends. She said that sometimes that we have not because we know not so come out and find out some of the services that are available. She said talking about the hurricane there is a group a mental wellness type group right here in our community who has a program has called project recovery and they are providing services for people, children and adults who are having problems, some people are in a state ofdepression related from last years hurricane and they have a little survey that they do ifyou are interested and once they have gotten the survey they will tell you if they can provide service.s to you and one ofthe things that we talked about is that sometimes we don't really know that we are in a state of depression and things that bother us we have hurricane after hurricane and yet even with our children we have not talked a lot about them and there are a lot of fears out there, things that we don't talk a lot about we hope they will go away. The program is free it has nothing to do with income it just has to do with the little quick assessment that they do and after they have done this assessment which they can do on the phone if you are ejigib1e for their services then they arrange for case managers to see you. Commissioner Walker-Turner said that when we have our Town Hall meeting if we have information about evacuations etc. it may be a good time to share. She said that again she would like to thank everyone for coming out to share in what is going on in their city. Mayor Anthony said that he is going to have staff make a copy of the dike breach response and it is very specific in tenus of who is responsible for what as well as it just has a copy ofthe top ofthe division of the emergency management comprehensive plan but there is an element related to the Glades area and I think that it would be great if the commission has this. Mayor Anthony told Mr. Smith that at the second meeting of November we can have an up date of our recreation program, what happened this summer what kind of services kind of services. Mayor Anthony sald that last Monday night it was just such a great honor and he knew that Commissioner Wilson was there we had a nwnber ofyoung ladies out of South Bay that was Club Clean Mr. Burdens

13 Continuation ofminutes ofoctober J8, 2005 Page 1464 daughter as Home coming of course his son was Home coming King but there were so many things. He said that he would try to get all the names ofthe Queens ofthe club that were from South Bay and he would teu you guys that we should be so proud because our young ladies and our yowlg men did us very well He said that he would try to recognize them at the first meeting in November as we celebrate as part ofour community. Mayor Anthony called for comments from the public. He said that he knew that Mr. Willie Alexander wanted to come up and talk with us. So this is the time for public comments. Vice-Mayor Berry asked the Mayor to please notc that the Public Safety Department will be distributing the flyers regarding the Medicare Meclicaid. Willie Alexander said that the American Legion Post 161 the building that you all gave us we are trying to get a loan for $75,000 to fix it up and the way you all had it worded it won't do it. The lener says that ifhe can get a fifty year lease. The Mayor said that ifthe original that was given to us permits it we say yes. Glenda Davis said that she had a question about the hurricane. She said that ifa hurricane comes will the city provide evacuation for the people. Glenda Davis said that the Housing Authority had sent a letter to the City Commission regarding the water at the Housing Authority. Commissioner Wilson said to make sure the Housing Authority gets them the letter as soon as possible because Ms. Walker said that the Commission has not received such a letter. Mr. Smith said that we have attempted to get the document that we have been told that the Housing Authority has an agreement with the city. We cannot fmd that authority where you can contract out your own garbage and trash. Naomi Walker said that she has one question are the water bills going up. The Commission said no they are not. Mayor Anthony adjourned the meeting. Mayor City Clerk