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Minutes 01-13-15 Travel to Legislative DayMINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA, ON TUESDAY, JANUARY 13, 2015, AT 5:45 P.M. PRESENT Jerry Taylor, Mayor Joseph Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner 1 Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, Deputy City Clerk 1. OPENINGS A. CaII to Order - Mayor Jerry Taylor Mayor Taylor called the Special Meeting to order at 5:45 p.m. Invocation Pledge of Allegiance to the Flag led by Commissioner Fitzpatrick Mayor Taylor inquired if Chaz Stevens was present and there was no response. He had been contacted to give the invocation. Commissioner McCray offered the invocation followed by the Pledge of Allegiance to the Flag. Roll call revealed a quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Discussion of January 20, 2015 Commission travel to Tallahassee for the Legislative Committee Day on January 21, 2015. MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA Vice Mayor Casello recalled on November 18, 2014 the Commission voted to send the City Manager, Mayor and Commissioner Merker to represent the City with the legislative delegation in Tallahassee. Motion JANUARY 13, 2105 A serious allegation of misconduct had been lodged against Commissioner Merker. Vice Mayor Casello asked the Commission for a vote of reconsideration to rescind its original vote to send Commissioner Merker to represent the City in Tallahassee on January 20 and 21 2015. The seriousness of the allegation warrants the action until a full investigation is completed and situation vetted. Mayor Taylor passed the gavel and seconded the motion. Commissioner Merker commented an allegation was made; however, the person has not indicated a desire to move forward with the allegation. He found the motivation to be political and amusing. Commissioner Merker felt it was obvious he did not have a good relationship with anyone. He and Commissioner Fitzpatrick do not talk at all because Commissioner Merker was against the Lake Ida Park purchase. Commissioner Merker was consistent in his position. The vote was 4 -1 for Commissioner Fitzpatrick to speak to the County Commission. Vice Mayor Casello also went before the County Commission. For some reason, Commissioner Fitzpatrick felt, if not for Commissioner Merker, the purchase of the Park could move forward. The fact Commissioner Merker had not changed his vote should be respected. At one time, Commissioner Merker and Vice Mayor Casello had a disagreement because Vice Mayor Casello did not like the way Commissioner Merker expressed himself. However, on issues that affected the citizens, Vice Mayor Casello and Commissioner Merker agreed. Vice Mayor Casello applauded Mayor Taylor on his position that was contrary to the position of Vice Mayor Casello. Commissioner Merker commented that Commissioner McCray was very focused to ensure his District is well served. He either likes or does not like an issue. Mayor Taylor and Commissioner Merker had previously run for office together. Commissioner Merker admitted he was thinking about running for Mayor at the next election. It is similar to the rumor that Vice Mayor Casello is interested in running for County Commissioner. Commissioner Merker concluded that the situation had become personal. He has always supported Ms. Brooks as Community Redevelopment Agency Executive Director. He did want to go to Tallahassee and assumed Mayor Taylor did not want to make the trip with him due to personal reasons. It is sad, but fact. There has been no 2 MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA finding of guilt. He hoped as a County Commissioner, Vice Mayor Casello would not prejudge. In summation, Commissioner Merker opined it was sad and it even included CRA member Woodrow Hay. It was personal and not factual. He hoped the residents realized he was sorry and it was not at his instigation. It is personal. Commissioner Fitzpatrick clarified Commissioner Merker's characterization of why there was no communication between them. Before the election, while running for office, Commissioners Merker and Fitzpatrick had met at Boynton Diner. Neither was elected, so there was no Sunshine Law violation. Commissioner Fitzpatrick stressed his agenda was to support greenways and the Lake Ida project was discussed. Commissioner Merker agreed, at that time, that he would support Commissioner Fitzpatrick on the issue. He contended Commissioner Merker was a "back stabber" and his word was "no good ". Commissioner Fitzpatrick agreed with the request for reconsideration and added it would be hard for Commissioner Merker not to act as an embarrassment to the City. In Commissioner Fitzpatrick's experience in working with staff and Commissioner Merker at multiple events, he found the allegation credible. It is only a memo and not enough to make a case. Commissioner Fitzpatrick was uncomfortable rushing to judgment. Time was needed for the situation to be fully vetted before punitive actions can be taken. Mayor Taylor called for a motion following discussion. Motion JANUARY 13, 2105 Vice Mayor Casello moved a vote be taken to rescind the original vote of sending Commissioner Merker to Tallahassee. Mayor Taylor passed the gavel and seconded the motion. Commissioner Merker noted it was the third time Commissioner Fitzpatrick had discussed the initial meeting where he listened for over an hour, but made no commitment to Commissioner Fitzpatrick. Commissioner Merker accused Commissioner Fitzpatrick of lying. Commissioner Merker alleged Commissioner Fitzpatrick could not speak and say facts. He considered the fact Commissioner Fitzpatrick would not communicate was childish. Politicians have to listen, agree on some issues and disagree on other issues. Vice Mayor Casello called for a vote. Vote The motion failed 2 -3 (Commissioners Merker, McCray and Fitzpatrick dissenting). 3 MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 13, 2105 B. Hold a closed -door session of the City Commission at 5:45 p.m. on January 13, 2015, to discuss pending litigation in the case of Barrey Griffiths, Plaintiff vs. City of Boynton Beach - Case No. 2013CA009874AA Attorney Cherof advised there had been previous discussion at a public meeting, to hold a closed -door session. The meeting would recess to discuss the case of Barry Griffiths, Plaintiff vs. City of Boynton Beach, Case No. 2013CA009874AA. In attendance at the closed -door session, that would last approximately one -half hour, would be the City Attorney, members of the City Commission, City Manager and Ben Bedard, Special Counsel to the City and handling the case. At the conclusion of the session, the Commission would return to Chambers to complete the agenda and adjourn the meeting. Mayor Taylor declared the meeting was recessed at 5:59 p.m.to the closed -door session. 2. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS None 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) None 5. ADMINISTRATIVE -- None 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments None 7. BIDS AND PURCHASES OVER $100,000 - None 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 4 MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA (Continued on next page.) 5 JANUARY 13, 2105 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. None 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS - None 13. LEGAL - None 14. FUTURE AGENDA ITEMS - None 15. ADJOURNMENT Mayor Taylor reconvened the Special City Commission meeting at 6:29 p.m. There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 6:30 P.M. MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ATTEST: t M. Prainito, MMC y Clerk anscribed by Judiy'A. Pyle, CMC eputy City Clerk t:' 6 CITY OF BOYNTON BEACH JANUARY 13, 2105 asello, Vice Mayor 6'j„ David T. Merker, CommissI ner Mack McCray, Commissioner 111 Lrit, Michael M. Fitzpa rick ` ommissioner