March 1, 2019 City Commission Special Meeting Minutes FINALFriday, March 1, 2019
3:30 PM
City of Delray Beach
100 NW 1st Avenue - Delray Beach, Florida 33444
Phone: (561) 243-7000 - Fax: (561) 243-3774
www.mydelraybeach.com
Delray Beach City Hall
City Commission
Mayor Shelly Petrolia
Vice Mayor Adam Frankel
Deputy Vice Mayor Shirley Ervin Johnson
Commissioner Bill Bathurst
Commissioner Ryan Boylston
Minutes - Final
Special Meeting at 3:30 PM
March 1, 2019City Commission Minutes - Final
Pursuant to Section 3.12 of the Charter of the City of Delray Beach, the Mayor has instructed me to
announce a Special Meeting of the City Commission to be held for the following purposes:
At 3:30 p.m. Mayor Petrolia announced that the meeting would start in 15
minutes.
The City Attorney announced this Special meeting is being held according
to Section 4.02 of the City of Delray Beach Charter. For the record, the
City Attorney stated the reason the meeting began at 3:45 p.m. is to
comply with the 72 hour notice and noted there is a quorum present with
Vice Mayor Frankel appearing via Skype due to the extraordinary
circumstances that have occurred. The City Commission concurred that
this is permissible.
The roll call was taken by the City Clerk.
The following were in attendance:
Mayor Shelly Petrolia
Vice Mayor Adam Frankel (via Skype)
Deputy Vice Mayor Shirley Ervin Johnson
Commissioner Bill Bathurst
Commissioner Ryan Boylston
Others present were:
Mark R. Lauzier, City Manager
Lynn Gelin, City Attorney
Katerri Johnson, City Clerk
Julia Davidyan, Internal Auditor
SP.1.19-285 Discussion regarding City Manager’s performance pursuant to Section
4.02 of the City of Delray Beach Charter.
Attachment____Attachments:
Mayor Petrolia gave a brief opening statement into the record.
Mayor Petrolia opened the public comment.
Timothy Boykins, 2554 Dolphin Drive, Delray Beach, stated the City
Manager engaged himself in the community and was always professional.
Mr. Boykins urged the City Commission to give the City Manager a chance.
Christina Buckley, 250 Congress Park Drive, Delray Beach, commended
the City Manager and she urged the City Commission to not change the
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March 1, 2019City Commission Minutes - Final
leadership of the city.
Kevin Osborn, 621 Allen Avenue, Delray Beach, stated it is difficult to make
comments without fact and urged the City Commission to defer public
comment until after some information is presented.
Arlene Houston, 1327 High Point Way S.E., Delray Beach, strongly
supports the leadership of the city and noted the City Manager was a big
factor knowing how to allow inclusion and setting the pathways.
Roy Simon, 201 N.W. 11th Street, Delray Beach, commended the City
Manager for his professionalism and his ability to get the city organized.
Bill Branning, 9 N.E. 2nd Street, Delray Beach,Chairman of the Delray
Beach Chamber of Commerce, stated the City Manager serves on this
board with him and people in the business community commend and
recognize the City Manager for his professionalism, for raising morale
within the city, and for the progress he has been able to achieve.
Andrew Haynes, 630 S.W 7th Avenue, Delray Beach, urged the City
Commission to look at what the City Manager has accomplished during the
short time he has been with the city.
Morris Carstarphen, 619 S.W. 7th Avenue, Delray Beach, commended the
City Manager for his professionalism and willingness to listen to the
community.
Kelli Freeman, 917 Banyan Drive, Delray Beach, stated she hopes that the
issue can be resolved and urged the City Commission to keep the stability
of the city by keeping Mr. Lauzier as the City Manager for Delray Beach.
Billy James McCray, 140 N.W. 4th Avenue, Delray Beach, stated he feels
Delray Beach is moving forward and urged the City Commission to not
change the city's leadership.
Bob Winston, resident of Parkland, stated the City Manager is a man of
integrity and has done good work. Mr. Winston stated if there is an issue
with the process, then the City Commission should change the process.
Reverend Howard Barr, 46 S.W. 10th Avenue, Delray Beach, supports the
City Manager and spoke briefly about being judgmental.
Peter Arts, 1746 Fern Forrest Place, Delray Beach, gave a few comments
in support of the City Manager.
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March 1, 2019City Commission Minutes - Final
Dr. Josh Smith, Jr. 3616 Avenue De Gien, Delray Beach (Chatelaine),
stated he is impressed by the City Manager's professionalism and
sincerity. He urged the City Commission to take some factors into
consideration in making their decision with regard to the purpose of this
meeting.
Jim Chard, 401 S.E. 4th Avenue, Delray Beach, stated he feels that the
City Manager has done an exceptional job and that he is very engaged with
the community.
Yvonne Odom, 3905 Lowson Boulevard, Delray Beach, urged the City
Commission to have compassion and publicly noted that she appreciates
the City Manager. However, she expressed concern over the
consequences of what he has done.
There being no one else from the public who wished to address the City
Commission, Mayor Petrolia closed the public comments.
The City Attorney confirmed with the City Commission if it is their will to
move forward with Section 4.02, the City of Delray Beach Charter provision
for termination. It was the consensus of the City Commission to move
forward.
The City Attorney read an opening statement into the record and discussed
the exhibits presented to the City Commission.
Julia Davidyan, Internal Auditor was sworn in by the City Clerk.
The City Attorney asked a series of questions of Julia Davidyan, Internal
Auditor.
The City Manager gave a brief cross-examination and stated an amicable
separation agreement can be placed on the regular City Commission
meeting of March 12, 2019.
The City Manager stated he asked for the packet at 11:00 a.m. yesterday
and received the information at 3:06 p.m.
Commissioner Boylston left the dais at 5:25 p.m. and returned at 5:26 p.m.
Each City Commission member gave a brief explanation to support their
recommendation.
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March 1, 2019City Commission Minutes - Final
It was the consensus of the City Commission to terminate City Manager
Mark Lauzier for cause.
Vice Mayor Frankel moved to approve the termination of City Manager
Mark Lauzier for cause. It was seconded by Deputy Vice Mayor Johnson.
A roll call vote was taken and all were in favor. The motion carried 5-0.
The City Attorney stated pursuant to the City Charter, the City Commission
should appoint an Interim City Manager within a reasonable amount of time
and she recommended to do this today.
Chief Neal de Jesus stated he will step in as Interim City Manager with the
caveat that the City Commission give him permission to engage a search
firm immediately on what is the national standard (i.e. 30 days to recruit, 30
days to screen, and 30 days for the City Commission to make a selection)
and that he has the right to return to his position as Fire Chief after ninety
(90) days.
Commissioner Boylston moved to appoint Chief Neal de Jesus as Interim
City Manager. It was seconded by Commissioner Bathurst. A roll call vote
was taken and all were in favor. The motion carried 4-0 (Vice Mayor
Frankel was not present and had already signed off Skype).
There being no further business to discuss, Mayor Petrolia adjourned the
meeting at 5:47 p.m.
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City Clerk
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Special Meeting of the City
Commission held on March 1, 2019, which Minutes were formally approved and
adopted by the City Commission on March 12, 2019.
Cit{Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.