City of South Bay City Workshop December 02, 2014

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City of South Bay City Workshop December 02, 2014 Page 3040 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 December 02, 2014 at 6:00 p.m. Present: Mayor Shanique Scott Commissioner Esther Berry Commissioner Joe Kyles Commissioner John Wilson Staff: Burnedette Norris-Weeks, City Attorney Leondrae Camel, City Manager Jessica Figueroa, City Clerk Massih Saadatrnand, Finance Director Edgar Kerr, Public Works Director Mayor Scott mentioned discussion of agenda items. Mayor Scott mentioned discussion of Resolution 46-2014. Commissioner Kyles abstained from discussion due to a conflict of interest with the Union. Commissioner Wilson requested additional information on Resolution 46-2014. The City Manager stated that the Resolution would not accept the recommendations from the special magistrate in reference to Health Insurance and wage increases. Mayor Scott mentioned discussion of Resolution 47-2014. Commissioner Wilson asked what the City was getting out of the $25,000.00. The City Manager stated that the City would be getting a conceptual master plan for the renovation for City Parks to development a scope of work. He said that the grant would pay for the technical services, relative to the designing of the park. He said that the next step would be the blue print for the site. He said that that dollars would nave to be expended before the City receives the reimbursement of the grant funds. Commissioner Berry mentioned the Comprehensive Plan Process. She said that the plan would have to be amended to accommodate the park renovations. The City Manager stated that there would be language amended in the plan rather than the whole plan being amended. The City Manager stated that the team to amend the Comp Plan consisted of the City's planner Jack Horniman and Gentile, Halloway, and O'Malley Landscape Architect and Design Firm Inc.

Continuation of City Workshop Minutes December 02, 2014 Page 3041 Mayor Scott mentioned a change in the due date on page 17 of 31. The City Manager stated that the date was January 23, 2015 and not "2014". Commissioner Wilson asked how the City arrived at the $25,000.00 amount of grant funds. The City Manager stated that the $25,000.00 was the highest that the City could apply for. Mayor Scott requested discussion of the due dates relating to Resolution 47-2014. The City Manager mentioned page 22 of 31 regarding payment plans. He said that the due date for deliverables 1.1, 1.2 & 1.3 dates January 09 th may be on schedule but the date of February and March date may be expedited. The City Manager stated that the County was looking for deliverables and to assure that public participation was met as it regarded to the grant funds. Mayor Scott mentioned discussion of Resolution 48-2014 regarding an infrastructure technology upgrade. Commissioner Berry asked the City Manager how did he go about evaluating the product and was staff involved in the evaluation. The City Manager stated that staff was involved in providing feedback and involved with each company that came out to the City to do a walk through. He said that the company was in line with the procurement policy that the City had. Commissioner Wilson requested that contract from Cougar Mountain related to the City's current software. He asked what the guarantee for the Company was. The City Manager stated that the largest cost from Dell was the server, which would provide the guarantee and technical support. Commissioner Wilson recommended selling the server that was being recommended to be upgraded. The City Manager stated that it was rare that anyone would want to purchase an outdated server but stated that it was an option that the City could explore. Mayor Scott asked of the fiscal impact and if it was coming from contingencies. The City Manager stated that there was $13,000.00 in the contingency fund and that he was asking for the updated technology fee to taken out of the that fund. The City Manager stated that staff was recommended Einestine Technology because they were a local company and within the 5% of the City's procurement policy for local vendors. Mayor Scott mentioned discussion of Resolution 49-2014. Commissioner Berry made a comment relating to the fees regarding the City being a member of the Lore Board. The City Manager stated that the City Commission passed a Resolution relating to the City being in a 3 year membership with Lore and to assist in the funding of the Lore, which was $5,000.00. Commissioner Berry requested a copy of the L.O.R.E Bylaws. Mayor Scott requested information relating to the financial commitment between the City and Lore. She asked if the Commission could revisit the Resolution regarding the financial commitment to Lore. The City Attorney stated she would look into the Resolution and bring back to the Commission at the next meeting.

Continuation ofcity Workshop Minutes December 02. 2014 Page 3042 Mayor Scott made a comment relating to the term of the member representing the City on the Lore Board. The City Attorney stated that the appointment of a member to the Lore Board was at the discretion of the City Commission and if within a year or two the Commission could decide to re-appoint a new member or keep the present member. Mayor Scott mentioned discussion of Resolution 50-2014. Commissioner Berry stated that the revenue generated for the request for an employee incentive would come from electrical and utility tax and the local government sales tax, which those funds were placed in the general fund. She said that she viewed capital improvement and the repair of City roads as a priority that had been identified through the strategic planning process, and she said that was not to say that she did not support the request for employees but that she was sharing her priorities regarding use of the funds. Commissioner Kyles asked the City Commission to be mindful of the fact that the City Manager was not included in the calculation for employee incentives. Mayor Scott mentioned discussion of the check register. Mayor Scott asked a question relating to the payroll deduction in the amount of $3,344.00 from the sanitation fund regarding the South Bay Correctional Facility compactor. She also stated that the City had a threshold of anything over $3,000.00 must come before the City Commission. The Finance Director stated that the fee was part of the sanitation fee paid to Southern Waste Systems in regards to South Bay Correctional Facility. The City Manager stated that the fee was a part of the contractual services with Southern Waste Systems that had already been approved by the City Commission. Commissioner Wilson asked who James Brady was. The City Manager stated that Mr. Brady was the Special Magistrate for procuring. Commissioner Wilson also asked how the City keeping up with the gas and oil that was being purchased. The Finance Director stated that there is a ticket that was prepared by the member that shows who purchased, what purpose was and what vehicle was used. Mayor Scott mentioned discussion of City Manager's report. The City Manager mentioned a draft collaboration document between the City of South Bay and Florida City Gas. He said that the dollar amount of $70,000.00 that was mentioned in the document was for conversation purposes only. He said that the document was drafted to aid in the conversation on how the Commission would like the staff to move forward. The City Manager stated that the agreement would benefit the City and insure that whatever is said by FCG is said in black and white. Mayor Scott adjourned the City Workshop at 7:02 p.m.

City of South Bay Regular City Meeting December 02, 2014 Page 3043 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 December 02, 2014 at 7:05 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 Commissioner Esther E. Berry Commissioner John Wilson Commissioner Joe Kyles Staff: Burnadette Norris-Weeks, City Attorney Leondrae Camel, City Manager Jessica Figueroa, City Clerk Massih Saadatmand, Finance Director Mayor Scott called for voting conflicts. Commissioner Kyles stated that he had a conflict of interest and submitted Form 8b relating to a conflict of interest regarding Resolution 46-2014 Union negotiations. Mayor Scott requested a motion to approve the regular agenda. Commissioner Kyles made a motion to approve the regular agenda. The motion was seconded by Commissioner Wilson. The vote was unanimously approved. Resolution The City Clerk read Resolution 46-2014 for the record. Mayor Scott asked from any comments from the public. There were none. The City Attorney stated that pursuant to the Florida Statutes Chapter 447.403, discussion of Resolution 46 2014 was a public hearing and was discussion of an impasse. She said that the Representative from the Union was in attendance. She said that the City had already given notice to the Commission within the 20 days that was required as it related to an impasse. She said that the notice was also given to the Union and the Statement City Manager that stated the cost for each rejection of the proposed recommendation. She said that the recommendation relating to Resolution 46-2014 was a denial of the recommendations from the Special Magistrate. Javier Almazan, Representative of the Union and collective bargaining members of the City of South Bay made a comment relating to Resolution 46-2014. He said that the Union and the City of South Bay had been in

Continuation ofrel:ujar City Meeting Minutes December 02,2014 Page 3044 negotiations for the past two years. He said that he understood the City finances but the City had not given the employees raises within four years. He said that he had asked employees to not ask for wage increases as long as their Health Insurance stayed the same. He said that he was committed to working out a decision with the City of South Bay. He said that City, Union and tax payer dollars were spent as it regarded going through the process of the impasse and by not approving the recommendation from the Special Magistrate was ludicrous. Mayor Scott asked if there were additional pu blic comments. There were none. The City Manager stated that Resolution 46-2014 denied recommendations from the Special Magistrate. He said that the Special Magistrate did not mention family coverage but the staff was recommending that the City continue paying 80% of the family coverage as well as 20% for employee coverage. He also stated that staff was recommending a bonus for employees who show good work effort for the next two years during the month of December. Javier Almazan stated that never in negotiations had there been a proposal to do away with Health Insurance for families. He said that the two items that the special magistrate brought in were Health Insurance and Annual Wage Increase. Resident Michael Jackson requested more information regarding the bonus to employees that was mentioned by the City Manager. He asked if there was something that needed to be developed, reviewed by staff and approved by the City Commission. The City Manager stated that the information relating to the bonus was a part of the employee annual evaluation and related back to Florida Statutes. Commissioner Wilson made a motion to approve Resolution 46-2014 a Resolution of the City Commission of the City of South Bay, Florida denying recommendations of the special magistrate's report dated September 25, 2014 pertaining to the City of South Bay and the International Association of Machinist and Aerospace Workers District Lodge No. 166, Local 2152; Authorizing the City Manager to carry out intent; providing for an effective date. The motion was seconded by Commissioner Berry. The vote was Commissioner Wilson yes; Commissioner Kyles, abstain; Commissioner Berry, no and Mayor Scott, yes. The City Clerk read Resolution 47-2014 for the record. Commissioner Wilson stated that he did not have enough understanding to approve Resolution 47-2014 relating to grant funds in the amount of $25,000.00. Commissioner Kyles made a motion to table Resolution 47-2014 until the next meeting. The motion was seconded by Commissioner Wilson. Mayor Scott and Commissioner Berry mentioned the timeline for the use of grant funds. Commissioner Kyles withdrew his motion to table Resolution 47-2014. The motion to withdraw was seconded by Commissioner Wilson. Commissioner Kyles made a motion to approve Resolution 47-2014 a Resolution of the City Commission of the City of South Bay, Florida authorizing the City Manager to execute a funding and program agreement with the Florida Department of Economic Opportunity in the amount of $25,000.00 for technical assistance relating to growth management planning efforts; providing for an effective date. The motion was seconded by Commissioner Wilson. The vote was unanimously approved.

Continuation of Regular City Meeting Minutes December 02.2014 Page 3045 The City Clerk read Resolution 48-2014 for the record. Mayor Scott called for Commission discussion. Commissioner Berry asked if the item was time sensitive because she wanted staff to review the recommendations that were submitted and conduct another assessment. The City Manager stated that it was not necessarily time sensitive and staff could bring it back at the second meeting in December, however the City had been having technology issues the past week or so. Mayor Scott asked if there were comments from the public relating to Resolution 48-2014. There were none. Commissioner Kyles asked how staff was affected by the down time of the technology in the Finance Department. The City Manager stated that cougar mountain was not always working, which required changing the ports relating to the Server being down. Commissioner Wilson made a motion to approve Resolution 48-2014 a Resolution of the City Commission of the City of South Bay Florida authorizing the City Manager to execute an agreement between the City and Einestine Technology Tutoring LLC, Inc for upgrading the technology infrastructure of City Hall in the amount of $9,960.00; providing for an effective date. The motion was seconded by Commissioner Kyles. The vote was Commissioner Wilson, yes; Commissioner Kyles,yes; Commissioner Berry, no; and Mayor Scott, no. The City Clerk read Resolution 49-2014 for the record. Mayor Scott called for Commission discussion. Commissioner Wilson made a motion to approve Resolution 49-2014 a Resolution of the City Commission of the City of South Bay, Florida appointing Tammy Moore-Jackson to the Lake Okeechobee Regional Economic Alliance of Palm Beach County Inc. (Lore Board); Providing for an effective date. The motion was seconded by Commissioner Kyles. Mayor Scott asked Ms. Moore if she would be interested in serving a three year term on the L.O.R.E. Board. Ms. Moore stated, away from the mic, that she would be interested. Mayor Scott called for any comments from the public. There were none. The vote was unanimously approved. The City Clerk read Resolution 50-2014 for the record. Mayor Scott called for a motion to approve. Commissioner Wilson made a motion to approve Resolution 50-2014 a Resolution of the City Commission of the City of South Bay, Florida authorizing the City Manager to disburse employee incentive bonuses to all fulltime South Bay employees in the amount of $600.00; providing for an effective date. Commissioner Kyles called for discussion of Resolution 50-2014. Mayor Scott called for a second for the motion. The motion died for lack of a second.

Continuation of Regular City Meeting Minutes December 02.2014 Page 3046 Commissioner Kyles stated that Mayor Scott asked for a motion before having discussion and said that he wanted to second the motion after discussion. Mayor Scott stated that Commission Kyles had an opportunity to second the motion after Commissioner Wilson made the motion. Commissioner Kyles stated that he spoke in the Workshop and stated that the City Manager excluded himself from the recommendation and that he wanted to discuss that. Mayor Scott asked for the City Attorney to go over the Commissioner's Procedures. The City Attorney stated that the Commission makes a motion and if there is not a second then there is no discussion. She said that other topics could come up under future agenda items or Commission Reports. She said, as it related to public participation, the Commission have outlined rules and procedures relating to public participation. She said that the public does not speak between the three minute mic or within the cut off period of 7:30 pm, if the public did not sign up to speak then they would not get to speak. She said if there was someone in the audience that wanted to discuss a particular issue, the Commission could open up for discussion again with a motion and second to have that person speak. City Manager's Report The City Manager stated that the Palm Beach County Department of Economic Sustainability was having their meeting on the consolidated plan for 2015-2019 on Thursday, December 11, 2014 10:00 am - 12:00 pm at Belle Glade civic center meeting room. He mentioned a Flyer regarding a "Learn a Trade" at West Tech Carpentry, Electrical and Plumbing. He mentioned the partnership collaboration agreement between FCG and the City of South Bay. He said that the draft document was only prepared for discussion by the Commission. He asked the Commission on how to move forward. Commissioner Wilson requested that the City have a meeting for discussion where the residents were present. The City Manager stated that Florida City Gas was one of the topics of discussions for the next Town Hall meeting on January 27,2015. Commissioner Wilson made a motion to not discuss anything in reference to the pig launcher until the residents of South Bay and FCG had a chance to discuss. The motion was seconded by Commissioner Kyles. Mayor Scott called for Commission discussion. Commissioner Kyles asked the City Attorney if there needed to be a motion to discuss Florida City Gas, due to motion at the last meeting regarding moving forward with a draft agreement with FCG. The City Attorney stated that the Commission voted, at the last meeting, to move forward with a draft agreement that should be discussed. She said that the agreement had not gone to FCG at all. The City Manager clarified that he was directed by the Commission to bring back a draft partnership agreement and also schedule a time for FCG to have discussions with the residents and City Commission. Mayor Scott called for a vote on the proposed motion by Commissioner Wilson. The vote was Commissioner Wilson, yes; Commissioner Kyles,yes; Commissioner Berry, no; and Mayor Scott, no. The City Manager stated that he has had discussion with the County Engineer regarding FEMA Map for appeal the period in January 2015. He said that during that time any agency or resident can appeal the FEMA Maps.

Continuation of Regular City Meeting Minutes December 02,2014 Page 3047 The City Manager mentioned the FHREDI Meetin on Monday December 08, 2014 in Moorehaven at 10:00 a.m. He stated that Commissioner Berry was South Bay representative for the FHREDI Board. Commissioner Berry stated that she will attend. Future Agenda Items Commissioner Berry requested an end of the year budget status report for 2014 from the Finance Director. The Finance Director stated that the report would be prepared by January 2015. Commissioner Berry also mentioned a draft vision statement for the City of South Bay regarding Strategic Planning and fiscal Impact. She requested that the vision statement review to be prepared for the next city meeting. Commissioner Berry stated that the City of South Bay prepares greeting cards. She requested a seasons greeting card to be sent to all South Bay residents. Mayor Scott requested that staff look into the budget as it regarded Christmas decorations for the City. The City Manager stated that the City's decorations were not suitable to be placed on City poles. He said that the cost for new decorations were quite absorbent, with one piece of Christmas decoration costing over $800.00. The City Manager also mentioned the bucket truck and it not being in working condition. The Public Works Director stated that staff was trying to put something together with the material that the City currently had that was over 20 years old. He also mentioned the wiring at the City triangle that was not properly working. Mayor Scott also requested quotes for different signs and a marquee within the City of South Bay. Mayor Scott requested a motion to have a budget report for the next agenda. Commissioner Wilson made a motion and it was seconded by Commissioner Berry. The vote was unanimously approved. Mayor Scott requested a motion to have a vision statement for the next agenda. Commissioner Kyles made a motion and it was seconded by Commissioner Wilson. The vote was unanimously approved. Mayor Scott requested a motion to have greeting cards sent to all South Bay residents and businesses. Commissioner Kyles made a motion and it was seconded by Commissioner Wilson. The vote was unanimously approved. Mayor Scott requested a motion to have information regarding three quotes for signs and a marquee within the City of South Bay, on the next agenda. Commissioner Kyles made a motion and it was seconded by Commissioner Berry. The vote was unanimously approved. Commissioners Comments Commissioner Wilson made a comment relating to the Tri-Cities BBQ. He said that the date should be done on a different date due to working hours. The City Manager stated that the Tri-Cities BBQ was planned to be during their regular City Meeting time.

Continuation ofregular City Meeting Minutes December 02.2014 Page 3048 Commissioner Wilson also requested clarification relating to the FCG agreement. He said that the vote was 2 2. The City Attorney clarified that the motion did die with a 2-2 vote. Commissioner Wilson also made a comment relating to mosquitos within the City of South Bay. He stated that the City needed to use the funds that were budgeted for mosquitos, to fund a plane to spray for mosquito. Commissioner Kyles requested that the Sheriff speak in regards to PBSO. Sergeant Cohen mentioned My Brother's Keeper in regards to $150.00 shopping spree at Walmart. He had asked the City Commission to provide the Sheriffs office with five senior citizens/adults that are in need of some extra help this year during the holidays. He said that he would need the names by tomorrow to send the names to the Office of Representative Santamaria. Commissioner Kyles thanked everyone who attended the meeting. He also thanked City staff for the work that they do in the City of South Bay. He also made a motion that the Commission approve the incentive bonuses for City employees including the City Manager. The motion was seconded by Commissioner Wilson. The City Attorney mentioned the Commission Procedures. She said that the Commission could put the item under future agenda items to approve at the next meeting. She said that the Commission could do whatever they wanted to do, but that there were rules set in place. Commissioner Kyles requested that the item be brought up at the next meeting. Mayor Scott asked for consensus, Commissioner Wilson, yes; Commissioner Kyles, yes; Commissioner Berry, no; and Mayor Scott, no. Commissioner Berry requested to relinquish time for Javier Almazan to speak to the Commission. The City Attorney said if the Commission wanted someone to speak, outside of the time allotted for the public to speak, then the Commission could make a motion and second to allow that person to speak. Commissioner Berry made a motion to allow Mr. Almazan to speak. The vote was unanimously approved. Mr. Almazan made a comment relating to signing a comment card as it related to agenda items. He said that there was a gag order to not address Resolutions. He said that the Mayor did not mention public comments prior to presenting Resolution 50-2014 to the Commission as she had for the others. He said that all other motions should have had public comments prior to approval. He mentioned that terms and conditions relating to employees in the bargaining unit should be negotiated due the Union contract being in place. Mayor Scott recommended that the citizens read Commission Procedures relating to the order in the chambers. She said that the intent was not a gag or not to hear a resident, it was to go by Commission Procedure. Mayor Scott thanked everyone who attended the meeting. Commissioner Kyles asked to hear from the Avid Students of Lake Shore Middle. The Avid Students presented sympathy cards for the passing of Commissioner McKelvin's father. q;;~~ Mayor Scott adjourned the meeting at8:4s p.rn. ~ anique Scott, Mayor