CITY OF SOUTH BAY CITY COMMISSION MEETING MINUTES MARCH 20, 2012

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1 Page 2163 CITY OF SOUTH BAY CITY COMMISSION MEETING MINUTES MARCH 20, 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. 2 nd Avenue, South Bay, Florida at 7:00 P.M on March 20, The Pledge of Allegiance to the Flag 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 Staff Attendance: Corey Alston, City Manager Virginia K. Walker, City Clerk Thomas Montgomery, City Attorney Arthur Anderson, Community Dev. Director Massih Saadatmand, Finance Director Edgar Kerr, Public Works Director Jessica Figueroa, Admin. Asst. to City Clerk Mayor Walker-Turner asked if there were any additions or deletions to the regular agenda. Commissioner Berry made a motion to add Glades Utility Authority Update under Old Business. The motion was seconded by Commissioner Kyles. The vote was Commissioner Kyles, yes; Commissioner Berry, yes; Commissioner Wilson, yes; Vice-Mayor Johnson, yes; and Mayor Walker-Turner, yes. Commissioner Berry made a motion to table c1, Travel Center Addendum. The motion was seconded by Commissioner Kyles. The vote was Commissioner Kyles, yes; Commissioner Berry, yes; Vice-Mayor Johnson, yes; Commissioner Wilson, no; and Mayor Walker-Turner, no. Commissioner Berry made a motion to table c2, Minor Construction Services. The motion was seconded by Commissioner Kyles. The vote was Commissioner Kyles, yes; Commissioner Wilson, no; Vice-Mayor Johnson, no; and Mayor Walker-Turner, absent.

2 Continuation of the Regular Commission Meeting on March 20, 2012 Page 2164 Commissioner Kyles made a motion to approve the regular agenda, inclusive of adding Glades Utility Authority under Old Business and tabling c1, Travel Center Addendum. The motion was seconded by Vice Mayor Johnson. The vote was Commissioner Kyles, yes; Commissioner Berry, yes; Commissioner Wilson, yes; Vice-Mayor Johnson, yes; and Mayor Walker-Turner, yes. Mayor Walker Turner called for approval of the consent agenda. Commissioner Kyles made a motion to approve the consent agenda. The motion was seconded by Vice Mayor Johnson. The vote was Commissioner Berry, yes; Commissioner Wilson, yes; Commissioner Kyles, yes; Vice-Mayor Johnson, yes; and Mayor Walker-Turner, yes; Special Business. City Clerk Virginia K. Walker swore in Linda Johnson and Joe Kyles. The Mayor said that the City of South Bay did not hold an election this year. She congratulated Ms. Johnson and Mr. Kyles for another three years with the City of South Bay. Commissioner Kyles made a motion that the Mayor, Vice-Mayor, City Attorney, City Clerk and City Treasurer remain the same. The motion was seconded by Commissioner Berry. The Vote was Commissioner Berry, yes; Commissioner Kyles, yes; Commissioner Wilson, no; Vice-Mayor Johnson, no; and Mayor Walker-Turner, no. Vice-Mayor Johnson made a motion that Shirley Walker-Turner remain the Mayor for the City of South Bay. The motion was seconded by Commissioner Kyles. The vote was Vice-Mayor Johnson, yes; Commissioner Wilson, yes; Commissioner Kyles, yes; Commissioner Berry, yes; and Mayor Walker-Turner, yes. Commissioner Wilson made a motion that Linda Johnson remain the Vice-Mayor for the City of South Bay. The motion was seconded by Commissioner Kyles. The vote was Commissioner Berry, yes; Commissioner Wilson, yes; Commissioner Kyles, yes; Mayor Walker-Turner, yes; and Vice-Mayor Johnson, yes. Commissioner Kyles made a motion to re-appoint City Attorney Thomas Montgomery. The motion was seconded by Commissioner Berry. The vote was Commissioner Berry, yes; Commissioner Kyles, yes; Commissioner Wilson, no; Vice-Mayor Johnson, no; and Mayor Walker-Turner, no. Commissioner Johnson made a motion to table the appointment of the City Attorney until the next meeting. The motion was seconded by Commissioner Wilson. The vote was Commissioner Berry, yes; Commissioner Kyles, no; Commissioner Wilson, yes; Vice-Mayor Johnson, yes; and Mayor Walker-Turner, yes. Commissioner Kyles made a motion to re-appoint the City Clerk. The motion was seconded by Commissioner Berry. The vote was Commissioner Kyles, yes; Commissioner Berry, yes; Commissioner Wilson, no; Vice Mayor Johnson, no; Mayor Walker-Turner, no.

3 Continuation of the Regular Commission Meeting on March 20, 2012 Page 2165 Vice-Mayor Johnson made a motion to table the appointment of the City Clerk and the City Treasurer until the next meeting workshop. The motion was seconded by Commissioner Wilson. The vote was Commissioner Wilson, yes; Commissioner Kyles, yes; Commissioner Berry, no; Vice-Mayor Johnson, yes; and Mayor Walker Turner, yes. Mayor Walker-Turner said that the commission should have a workshop to discuss the items that were tabled. Vice-Mayor Johnson said that she will provide a list of items to be discussed regarding the tabled items. Mayor Walker-Turner set the meeting at 5:00 p.m. on April 3, Mayor Walker-Turner announced the discussion for the Ambrose parcel. Commissioner Wilson abstained from any discussion regarding Ambrose parcels. He stated that it was a conflict of interest because he used to work for the company. The City Manager stated that the city has had an issue with Ambrose leasing the same parcel in the city's industrial park. He said that the city has issued a Notice to Vacate a few months ago. He said that they pleaded with the city to reconsider the conviction and to give them a chance to demonstrate that they can pay the lease to the city and bring in jobs. He said that unfortunately since that time they have not paid anything on the site. The City Manager asked the City Commission if they would authorize the City Attorney to proceed with ejection action. He said that would be the appropriate legal approach for the city attorney. He said that the Ambrose Company does not have legal claim to the parcel. Commissioner Kyles made a motion to support the City Managers recommendation due to the Ambrose parcels. The motion was seconded by Commissioner Berry. The vote was Commissioner Berry, yes; Commissioner Kyles, yes; Vice-Mayor Johnson, yes; Mayor Walker-Turner, yes; and Commissioner Wilson, abstained. The City Manager stated that he has had discussions with a number of entities and there is one specific entity that expressed interest in the Ambrose Parcel. The City's real estate Broker Mr. Brushingham discussed the efforts to begin an Economic Development approach to attract different business entities, owners that might have an interest of locating in South Bay. He mentioned that Allied Recycling has an interest in a 4 acre parcel in the South Bay area. He also mentioned that people will benefit with jobs available with Allied Recycling. Mr. Brushingham stated that Allied Recycling recycles metal. Commissioner Wilson made a motion to give City Manager and Broker authorization to advertise Ambrose parcel. The motion was seconded by Vice-Mayor. The vote was Commissioner Berry, no; Commissioner Kyles, no; Commissioner Wilson, yes; Vice-Mayor Johnson, yes; and Mayor Walker-Turner, yes. Sargeant Ford gave a brief presentation on keeping the City Parks safe. He said that he would like to get with city staff to implement an ordinance regarding open containers in city parks. He said that it has worked well with the City of Pahokee and would like to bring the same thing to the City of South Bay.

4 Continuation of the Regular Commission Meeting on March 20, 2012 Page 2166 The City Manager asked Sargeant Ford to attend the next commission meeting workshop on April 3, 2012 at 6:00 p.m. to discuss more on implementing an ordinance regarding open containers. Mayor Walker-Turner abstained from any discussion regarding minor construction services. She said that it was a conflict of interest because her son Javin Walker is a part of 2SBW. Commissioner Wilson stated that the City has had numerous of companies that come into the City of South Bay and mentioned the same for City Managers. He said that the City of South Bay is blessed to have Corey Alston as the City Manager. He said that 2SBWs is the only black construction company in the City of South Bay that hires locals when doing any jobs. Commissioner Wilson also stated that everything that the City Manager does somebody always finds something wrong with it. Commissioner Wilson said that if 2SBWwas the only one that bid for a job that he should have the job. The City Manager discussed that the Minor Construction RFP was discussed in He said that the RFP was properly advertised in two different newspapers by the Office of the City Clerk. He said that the RFP asked for any construction company that was interested in responding to Minor Construction Services to submit their proposals to the city by a certain date and time. He said that the City Clerk was responsible for accepting all bids. He said that there was only one bid that was submitted timely, which was 2SBW & Associates. He said at that time the City Clerk provided a copy of the sole bid that she had received by the deadline. He also clarified that there were no additional bids that the City Clerk had received. Vice-Mayor Johnson made a motion to approve Resolution , authorizing the City to enter into an agreement for minor construction services and include the budgeted amount of $40, The motion was seconded by Commissioner Wilson. The vote was Commissioner Kyles, yes; Commissioner Berry, no; Commissioner Wilson, yes; Vice-Mayor Johnson, yes; Mayor Walker-Turner, absent. Commissioner Berry asked the city's finance director if the city has paid any money to be reimbursed to any entity regarding the waste water plant. The finance director stated that the City had received a letter stating the extension of the grant in question. He said the reason for not Withdrawing the money is because the city needs to extend the grant to get reimbursement back from the state. He said that the city has already paid thirty thousand dollars for the project. Commissioner Berry asked if the thirty thousand was from the grant monies. The finance director clarified that it was not, the city had paid the thirty thousand. The City Manager said that the state had sent the city a letter stating if they had not used the money that was granted then the city would lose the money. The City Manager clarified with the Finance Director if the city has drawn out any monies from the state. The fiance director said no. Vice-Mayor Johnson announced that there was a meeting with the County Commission regarding the Glades Utility Authority. She mentioned the article in the newspaper bashing the City of South Bay. She said that the city needs to come to a conclusion regarding the GUA. She said whatever the attorney has come up with regarding the negotiations with GUA, the city has to have a discussion to go ahead and agree with stipulations. She said that she suggests that the attorney and the mayor go with county staff and negotiate the contract on the city's behalf.

5 Continuation of the Regular Commission Meeting on March 20, 2012 Page 2167 Commissioner Wilson said that the county's contract states that they intend to give the Glades residents twenty-five million dollars. He said that he does not want to sign a contract when the county intends on give the residents money, he would like to make sure that they will give the twenty-five million dollars. The City Manager stated that all of the questions that the city would like to ask the county, he could answer those questions. He said that any legal questions could be answered by the city's council. He said that the commission could set up a date and time to meet with the city's council, maybe at a special meeting. He said that the county commission approved an action item at the county commission meeting. He said that the action item essentially authorized their staff to invoke a provision of state statutes which is regarding inter governmental mediation, which highly recommends that before two governmental entity's engage in legal actions against each other that they intend to have a pre-suit intervention. He said that the city needs to come with a request list and prepare for the mediation with the county. He said that next time there is a meeting with GUA there needs to be someone besides himself to speak on behalf of the City of South Bay. He said that he will remain actively engaged in the negotiations with Glades Utility Authority. The City Manager said that ideally what the city would like is instead of them freezing our rates we would like to have some rate relief. He said that the county has not done an evaluation on the city. The City Manager said that the city will try to get the best possible deal that is there. He said that he does not want to be painted as the problem child of the Glades, but to get the best deal that he can for the city. Commissioner Berry said that she would like to have a meeting with attorney Gray Robinson. The City Manager said that he would forward that information with Commissioner Berry. New Business. The City Attorney stated that the American Legion Post 161 Building property is located on N.W. 1 st Avenue. He said that it was initially donated by the post to the city then the city donated it back, with certain provisions. He said that it was suppose to be made useable and it was to be maintained. He said that the building now has no roof and has not been used in years. He said that there is a notice that a tax deed has been requested in the amount of $4, He said that in the event that the city would like to own the property, the city would have to pay the taxes by the deadline of April 11, Vice-Mayor Johnson asked if the American Legion BUilding can be put on the agenda at the next City Commission Meeting with a legal description of the property. Vice-Mayor Johnson made a motion to table d1. American Legion Post 161 Building until the city's next meeting. The motion was seconded by Commissioner Kyles. The vote was Commissioner Kyles, yes; Commissioner Berry, yes; Commissioner Wilson, yes; Vice-Mayor Johnson, yes; and Mayor Walker-Turner, yes. The City Manager stated that the city entered into an agreement with the Union for two years, which is about to expire at the end of the month of March. He said that the Human Resources Department, City Attorney and himself has had a meeting with the Union Representative. The City Attorney said that essentially there is to be ten members in the bargaining unit and presently there is only four that has signed up. He said that the city could file and decertify the Union due to the amount of members within their group. He said that the city

6 Continuation of the Regular Commission Meeting on March 20, 2012 Page 2168 still has the obligation to move forward with good faith negotiations in regards to their contract. He said that the city commission should extend the contract for sixty days in good faith. Vice-Mayor Johnson made a motion to go with the recommendation of the City Attorney to extend the Union contract for sixty days for good faith. The motion was seconded by Commissioner Wilson. The vote was Commissioner Berry, yes; Commissioner Wilson, yes; Commissioner Kyles, yes; Vice-Mayor Johnson, yes; and Mayor Walker-Turner, yes. Vice-Mayor Johnson made a motion to seek decertification of the Union. The motion was seconded by Commissioner Wilson. The vote was Commissioner Wilson, yes; Commissioner Kyles, no; Commissioner Berry, no; Vice-Mayor Johnson, yes; Mayor Walker-Turner, yes. Commissioner Kyles said that the union has the right to bargain. He said that there are companies that have only one individual that's in the union. He said that if the individuals in the city would like to be a part of the union why not let them be a part of the union. The City Attorney stated that once the Union reaches a number to be decertified, the city could have that option to decertify the union. Rosenwald. Commissioner Berry said that the principal of Rosenwald Elementary School Ms. Dowers would like to make a presentation on the updates of the Rosenwald construction. l.o.r.e. Benita Hamilton said that at the recent LORE Meeting they had discussed the Palm Beach County workshop on the Glades. She mentioned that the county was granted upwards of two million dollars by the HUD Foundation. She said that Denny Abbott from Workforce Alliance had found out that the county had granted Martin County about $347, to do a Glades Economic Study. She said that money could have been granted to those in the Glades rather than someone outside the City. She said that Jess Santamaria and Representative Pricsilla Taylor said that they did not have any knowledge of the grant in question, but they will get to the bottom of it. She said that Martin County has not yet received the grant money but have already been granted the contract. Mayor Walker-Turner requested that Benita Hamilton or Dan Murphy attend the Tri-City Meeting and share the information that was presented at the l.o.r.e. Meeting. Departmental Reports. The Public Works Director Mr. Kerr announced that the "Great American Clean-up" will take place on April 21,2012. The City Manager Reports.

7 Continuation of the Regular Commission Meeting on March 20, 2012 Page 2169 The City Manager said that the College Tour is coming up on March 22-24, He said that 41 students have confirmed and most of them are from South Bay. The City Manager said that there are some budget recommendations and potential budget cuts that he will bring back during the up-coming budget cycle. He said that he believes that out of the 2.1million general funds, he will bring back some cost savings ideas. The City Manager mentioned the Palm Beach Road and confirmed that the $400, is still there for the city and Ed Lowery confirmed that it will remain there for the city. Ed Lowery gave the city a full fiscal year to spend those dollars. The county has indicated that the reason why they had not brought back the city's final contract to the County Commission to extend the funds was because they had not received all documentation regarding the project. He said that the city will resubmit the items that were requested, so that the city could move forward. He reminded the commission that the city will host the Glades Relay for Life. The City Manager said that a couple of months back the city auditors had given the city their findings on the city's audit report. He said that the auditors indicated at that time that there were some additional interviews and conversations that they wanted to begin to make sure they were disclosing all information to the city. He said that there was some additional information that they have found that they think is relevant to the city commission. The City Manager said that the city will be planning a trip that would include the Finance Director, himself and another member of staff to attend the meetings in Tallahassee. He said that one of the meeting is a follow up on some of the funding that was discussed earlier. He also said that another meeting will include having the state officially remove the City of South Bay from the list of financial emergency. Community Development. The Community Development Director stated that the city's magistrate hearing is scheduled for April 12, He said that those addresses included 275 N.W. 10 th Avenue, 220 N.W. 12 th Avenue, and 225 N.W. 2 nd Avenue in South Bay. He also mentioned that this week the City's general contractor will be doing a walkthrough of those structures. He mentioned the city's revitalization meeting that will take place on April OS, Public Comments. Javin Walker congratulated Commissioner Kyles and Vice-Mayor Johnson for being re-elected. He said to the City Commission, that they are making the biggest decision that affects residents in South Bay regarding the Glades Utility Authority. He said he is with the Commission whether they move or don't move, but would like to make sure that the city is reading and understanding the documents that are being made public. He said that the city has to stand for something.

8 Continuation of Regular Commission Meeting on March 20, 2012 Page 2170 Mayor Walker-Turner adjourned the meeting. ATIEST:

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