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Minutes 02-05-04 MINUTES OF THE EDUCATION ADVISORY BOARD REGULAR MEETING HELD IN THE LIBRARY PROGRAM ROOM, 208 SOUTH SEACREST BOULEVARD, BOYNTON BEACH, FLORIDA, ON THURSDAY, FEBRUARY 5, 2004 AT 6:00 P.M. Present Beverly Agee, Chairperson Jean Cairo, Vice Chairperson Joan Pleasants Floyd Beil, Voting Alternate Phyllis Pacilli, Voting Alternate Kyle Dencker, Student Virginia Farace, Board Liaison David Tolces, Assistant City Attorney Absent Lillian Artis Jacqueline "Kelly" Daniels Erica Hammond Dennis Osborne I. Pledge Chairperson Agee called the meeting to order at 6:23 p.m. and led members in the Pledge of Allegiance to the Flag. II. Roll Call The Recording Secretary called the roll and declared a quorum was present. II1. Minutes: January 8, 2004 Chairperson Agee requested that the motion cited on Page 4 of the minutes be changed to reflect that the motion carried 6-1 with Chairperson Agee dissenting and not unanimously as indicated in the minutes. Ms. Farace requested that a copy of the corrected minutes be forwarded to her. IV. Public Audience None Vw Chair's Report- Assistant City Attorney David Tolces Sunshine Law/Public Records Update Chairperson Agee introduced Attorney Tolces. Attorney Tolces thanked the Board for allowing him to address the Board and explained that City Attorney Jim Cherof has Pleeting t4inutes Education Advisory Board Boynton Beach, Florida February 5, 2003 asked the Assistant City Attorneys to provide updates on the Sunshine Law, Public Records and the Florida Ethics Law to all City advisory boards. The applicable statutes that he would be referencing were distributed and members should feel free to ask questions at anytime. Sunshine Law The Florida Sunshine Law is covered in the Florida Statutes in Section 286.011. The purpose of the Sunshine Law is to ensure that the public has access to its government. The three basic requirements of the Sunshine Law are that all meetings must be open to the public, properly noticed, and minutes taken. This would apply to any meetings of elected or appointed boards at which some kind of action will be taken. Notices: Notices of meetings are usually prepared by the Board Liaison or the City Clerk's Office by posting in City Hall and the Library, advising the public that the Education Advisory Board will be meeting at a certain time and place. Minutes: The City Clerk's Office provides the minutes for all City Boards by recording, preparing, publishing and distributing them for approval by the Board. All minutes are kept on file and are available to the public through the City Clerk's Office. The purpose of these requirements is to ensure that the public is aware of what is happening, to make sure that the integrity of the process is maintained, and nothing is done behind closed doors. Attorney Tolces explained that any gathering of two or more Board members, at which matters that would be coming before the Board are discussed, is considered a public meeting for Sunshine Law purposes. Vice Chair Cairo noted that the Board held a program entitled Principal for a Day that required a lot of work. Invitations had to be sent and members were concerned if two or more Board members did some of this work at the same time it would have to be done as a public meeting. Attorney Tolces responded that it would depend upon what was being done. He did not think that preparing a letter and then printing and copying the letter would necessitate a meeting. The persons performing those functions would not necessarily be discussing items that would be coming before the Board that would require action, especially if the Board had previously authorized these functions. Ms. Farace questioned this because she recalled the last time Attorney Cherof gave a presentation on the Sunshine Law to the Board, he said that any time two or more members are together, it would be considered a meeting. Chairperson Agee said that the Board acted on this requirement and it caused a great hardship and negated having sub-committee meetings. Attorney Tolces said that a sub-committee meeting was different than just performing approved functions. Ms. Pacilli said that they were not Meeting Minutes Education Advisory Board Boynton Beach, Florida February 5, 2003 having meetings, but merely performing the necessary work for the program and it was very difficult getting these functions done. Ms. Farace requested that Attorney Tolces speak with City Attorney Cherof for clarification of this issue. Attorney Tolces pointed out that if the members did get together to perform these functions they must be cognizant at all times of what they discuss. Also, he pointed out that members cannot meet in someone's home to conduct public business. Attorney Tolces read from Section (1) of 286.011 that stated "all meetings of any board.., except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting." Therefore, the issue is what are those members doing when two or three members are getting together. He did not think that this would apply to making copies, stuffing envelopes, making calls, etc. However, he will speak to City Attorney Cherof and provide a memo to the members and Ms. Farace. Dr. Beil said that with these stringent laws, it is very difficult to get things done and it posed a problem with keeping members on the Board. Attorney Tolces referred to Section (3)(a) that states, "Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $500." Section (b) states that if "a member knowingly violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in Section 775.082 and Section 775.083." Ms. Pleasants felt that the key word was "logistics" and asked for the definition of "logistics." Attorney Tolces said he would look into this. He explained that they are City ^ttorneys and do offer advice to the Board members. However, if a Board member feels that they need their own legal representation, it would be to their benefit to do so. Next discussed was communication by E-mail and telephone and these are prohibited under the Sunshine Law. Board members are not allowed to exchange information through E-mail or on the telephone, which would be a violation of the Sunshine Law. Public Records Any document handled by a Board member in connection with work on the Board is considered public record. The Public Records Law is discussed in greater detail in the handout. Section 119.011(1) defines public records to include "all documents, papers, letters, maps, books, tapes, photographs, films, sound recording, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency." This means that any action taken by this Board is considered official business of the agency (the City). The public has the right to access records and requests are normally done through the City Clerk's Office. Meeting Minutes Education Advisory Beard Boynton Beach, Florida February 5, 2003 When Board members receive correspondence or E-mails, they should provide copies to Ms. Farace so that they can be kept for public record. If records are kept, but not produced, the City could be sued. If the judge determines that the City did not comply with the law, the City would have to pay the attorney fees of the person requesting the records. Attorney Tolces stressed that any correspondence or information received by Board members should be turned over to Ms. Farace for distribution and filing. All Board members should have the same information when decisions need to be made. Also, any notes that Board members take are considered public record and should be retained. Ms. Pleasants inquired that if the Board decides to send out a letter, does that letter, after it has been approved, have to be brought back to the Board. Attorney Tolces responded that If the letter and its contents had been previously authorized, it would not be necessary to bring it back; however, a copy must be maintained for public record. Attorney Tolces recommended that members read Section 119.07, which he provided that deals with inspection, examination, and duplication of records, as well as exemptions. · Ethics and Voting Conflicts Attorney Tolces reported that under Florida Law, each Board member is required to vote on an item, unless a Board member has a conflict. If a member has a conflict, they must abstain from voting. A conflict could be considered a financial benefit or loss to that member, spouse, relative, business, clients of their business, or their employer. When a member abstains, it must be declared on the record as well as the reason for abstaining. The City Clerk has a form that must be completed and filed with that Office. Ms. Farace inquired if a Board member left the room when a vote on a motion was being considered, does it have to be noted in the record. Attorney Tolces responded that if the Board wanted to have a policy to do this, it would be permissible. Chairperson Agee thanked Attorney Tolces for his informative presentation and requested that it be done on a yeady basis for new members. (Mr. Decker left the meeting at 7:07 p.m.) Recess was declared at 7:10 p.m. The meeting reconvened at 7:17 p.m. Discussion ensued about starting the meetings later in order to obtain a quorum. Dr. Beil thought that the Board had previously voted to change the meeting time to 6:15 p.m. Chairperson Agee stated that this was voted upon at a prior meeting. Members agreed that the meetings would start at 6:15 p.m., beginning with the March meeting. Meeting Minutes Education Advisory Board Boynton Beach, Florida February 5, 2003 VIII. South Florida Parenting Block Party (addressed out of order) Chairperson Agee stated that if the Board wanted to participate, they would have to make a decision tonight. Ms. Pleasants thought that the Board had previously agreed to participate. Ms. Farace stated that they needed to determine if the Board wants to include some of the schools. Dr. Bell spoke with the Survivor Charter School and they indicated that they would be participating. Ms. Pacilli also said that she spoke to a couple of schools that indicated they would be willing to participate, but she did not have any information to give them. Dr. Bell said that he would bring this up at the next SAC meeting at Citrus Cove Elementary School. Ms. Farace stated that Boynton Beach High School was not interested in having an exhibition tent, but would be willing to send their chorus. Dr. Bell stated that the Survivor School would have an exhibition tent, but no stage event. Ms. Pleasants said that it was not necessary for a school to participate in both events. Ms. Farace pointed out that she had to obtain permission to change the form from Delray Beach to Boynton Beach, which was the reason why she had not sent the forms out to anyone. The poster also stated that it was South Florida Parenting and Delray Beach Education Advisory Board that were sponsoring the block party. Ms. Pacilli thought that it was supposed to be a combination of both Cities. Ms. Farace said that she was given permission to change the form, but she was not sure if the posters would list Boynton Beach. Vice Chair Cairo stated that it was open to all schools in Palm Beach County, but South Florida Parenting sponsored it. Vice Chair Cairo said that because the forms were not available, she could not get the schools to commit. Dr. Bell felt that they needed a packet to be more successful. Ms. Pacilli noted that a packet had been provided at the prior meeting, but there were not enough for everyone. Ms. Pacilli felt that time was getting short and questioned if there was enough time to get the schools signed up. Also there is nothing to indicate that Boynton Beach is a co- sponsor. Vice Chair Cairo felt it was worth a try to get the word out and determine if there are schools that want to participate. Ms. Farace recommended that members bring the forms to their SAC and discuss participation. Chairperson Agee read from the minutes of the last meeting that states: "If anyone chooses to do a school-sponsored booth, they are asked to man the booth for the entire day. Ms. Metlock will send the pertinent information to Ms. Farace and Ms. Pacilli will act as point person and get the information to all the SAC chairs. The deadline to advertise in South Florida Parenting magazine would be March 1." Ms. Pacilli said that she intended to fax the information to all the schools to the attention of the SAC chairs. However, if a member had a SAC meeting prior to Ms. Pacilli getting the notices out to the schools, that member could present it to their SAC first. Chairperson Agee felt that Meeting Minutes Education Advisory Board Boynton Beach, Florida February 5, 2003 they should move forward on this. Vice Chair Cairo felt that they were not reaching all the schools. Ms. Pleasants thought that this would give the schools an opportunity to showcase their talents. Chairperson Agee pointed out that the EAB was also going to have its own tent. Dr. Bell felt that more information was needed. Vice Chair Cairo pointed out that Ms. Metlock indicated that once a school expressed an interest in participating, she would take over from there. Further, Vice Chair Cairo did not think it was important who was or was not sponsoring the event and that this was an opportunity for schools in the City to participate. It was agreed that Ms. Pacilli would be the point person and she requested that she be furnished with a cover sheet that states the Boynton Beach EAB is working with the Delray Beach EAB to present the event. Motion Vice Chair Cairo moved to authorize Ms. Pacilli to make a fax cover sheet for the South Florida Block Party indicating that the Boynton Beach Education Advisory Board is inviting your school to participate. Motion seconded by Dr. Bell and unanimously carried. Ms. Pacilli said that she would prepare the appropriate cover sheet. VII. Principal for a Day Program (addressed out of order) Chairperson Agee announced that only Vice Chair Cairo and Ms. Farace were present at the January 22 sub-committee meeting. Vice Chair Cairo pointed out that three sub- committee meetings were scheduled and no one ever showed up except for Ms. Farace. She did not think that it would be feasible to schedule another one. Vice Chair Cairo stated that the Board needs to decide if they want to continue with this program. Chairperson Agee recommended that at the next meeting, the Board should review the process and determine whether they want to do it again. This would also have to be a decision of the new Board. Ms. Pleasants felt that the event was very successful and perhaps it should be the Board's only event. She pointed out that the Board spent a great deal of time on other projects as well and she would prefer to have a commitment for one good project. Chairperson Agee agreed and felt that the Board was trying to do too much. Vice Chair Cairo pointed out that when all these projects were decided upon, only a couple of Board members actually put time and effort into them. She pointed out that Board members do not attend the meetings consistently; therefore, it is very difficult to get projects done. Meeting Minutes Education Advisory Board Boynton Beach, Florida February 5, 2003 Ms. Farace added that this Board is an advisory board and it was not necessary to take on all these projects. She pointed out that it would be up to the new Board whether they want to do Principal for a Day. Dr. Beil commented that there are only a few Board members that regularly attend the meetings. Chairperson Agee recommended that Board members reflect between tonight and the next meeting on whether they want to commit to Principal for a Day, if this is what the Board chooses to do as a whole. Chairperson Agee noted that most Board members' terms would be expiring in April 2004 and she urged those that want to continue to serve on the Board to reapply. Ms. Farace commended the Board on its past accomplishments and stated that Board members should not feel pressured to participate in so many projects. She felt it would be better to have one major project and to focus more on the City's advisory needs dealing with schools and education issues. The Board can create resolutions, write letters and do other things that would not be considered lengthy projects. Dr. Beil also thought it was important to have more discussion on what takes place at the SAC meetings since there are issues out there that need to be discussed. Ms. Farace said that she could arrange to have a vehicle available for a Saturday so that members could tour the schools in the City. Chairperson Agee thought that this was an excellent idea, but suggested it be held off until the new Board is in place. Ms. Pleasants announced that a representative from South Tech spoke at her homeowner's association meeting last night since they are located next to South Tech. Their association voted to send a letter to the School District in support of South Tech remaining where it is. South Tech has concerns about the two alternative schools that might be coming in, and they are still negotiating the contract for the charter school. The school feels that if these two schools came onto the campus, a great many of their students would leave. South Tech has a viable successful program serving 1,200 students, but it is felt that the parents would not want their children attending the school in combination with these other schools. (Ms. Pacilli left the meeting at 7:50 p.m.) VI. City Liaison's Report Read Together Palm Beach County: Their Eyes Were Watching God by Zora Neale Hurston (Leading a Book Discussion Workshop - Thursday, February 26, 2004 at 2:00 P.M. at the County Library on Summit Boulevard Registrations in advance required -limited seating) 7 Meeting Minutes Education Advisory Board Boynton Beach, Florida February 5, 2003 Ms. Farace announced that there would be a limited number of books available. Also Governor Jeb Bush is trying to organize a Statewide read together with the same book. Ms. Farace noted that two years ago Friends of the Library sold copies of the Book Fahrenheit 451 at $5.00 each. However, the least expensive paperback for this new book is $14.00 and even after discount, they would have to charge $10.00 per copy. She was not certain if they would be selling the book this year. The Library, however, has stocked many copies. If anyone would like a copy, Ms. Farace could order the book for them. Ms. Farace recommended including on the Board's April agenda a discussion on the book. Two years ago, she also listed the Board on the website as a participating group. She asked if the Board would also like to do this again. Members felt that this was a good idea. Love your Library - A Place for all Reasons Ms. Farace announced that February is Love your Library Month and referred to the Calendar of Events that was previously distributed. Members also completed cards stating why they were at the Library. Ms. Farace said that everyone using the Library during the month would be asked to fill out a card. Ms. Farace also announced that HeritageFest events would be taking place throughout the entire month of February. There will be a book fair all day on the Library lawn on Saturday, February 7th. Events scheduled for the Library Program Room for Saturday are (1) spelling bee at 10:00; (2) essay & oratory contest at 11:00; and (3) story hour at 12 noon led by children's author, Tommy Ford. VIII. SAC Reports (in writing if possible) IX. New Business - None X. Adjournment There being no further business, the meeting properly adjourned at 8:00 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary Approved: (February 6, 2004) Chairperson