CITY OF LAKE WORTH CLOSED DOOR ATTORNEY-CLIENT SESSION DECEMBER 3, 2008 - Part VI

CITY OF LAKE WORTH

CLOSED DOOR ATTORNEY-CLIENT SESSION

CONFIDENTIAL

DECEMBER 3, 2008

9:00 A.M. - 10:20 A.M.

IN ATTENDANCE:

ROBERT BALDWIN, CITY MANAGER

JEFF CLEMENS, MAYOR

JO-ANN GOLDEN, VICE MAYOR

SUZANNE MULVEHILL, COMMISSIONER

RETHA LOWE, COMMISSIONER

CARA JENNINGS, COMMISSIONER

PAMELA LOPEZ, CITY CLERK

LARRY KARNS, ESQUIRE

BRIAN JOSLYN, ESQUIRE

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MAYOR CLEMENS: One of the things we need to do is we need to re-negotiate with the County because the County amendment calls for --

MR. KARNS: Completion.

MAYOR CLEMENS: -- our money and Greater Bay's money to be spent first before that $5 million dollars. So that's going to require a re-negotiation with the County to make sure that we stay in good relations with those Commissioners up there because they are not happy with how long this is taking.

MR. KARNS: And my guess is they're going to want to see concrete plans --

MS. LOWE: Plans for using that money.

MAYOR CLEMENS: Absolutely. Yeah. So, which means we're going to have to move forward if we're going to do something differently. I know we can't get into too much detail about that, but I think it does relate to whether or not we exit the Greater Bay contract, that we have -- you know, move forward on other plans. I don't want to belabor this, but what we'll probably have to do would be a revenue bond in the absence of that, is my guess. There might be some other financing instruments that we can look at, but if we decide to do a revenue bond we're going to have to show the ability to gain revenue up there at the beach, meaning we're probably going to have to look at those rev prices.

MS. JENNINGS: Definitely.

MAYOR CLEMENS: I just want everybody to be aware that this is coming. I know we don't want to discuss it here, but I want you to be aware that we're going to need to look at market revs for those properties. Okay. So I think, and correct me if I'm wrong, I think what we're going to decide to do is -- in a public meeting, we may even be able to add it to the special meeting agenda right after this if we decide -- decide to, I will ask Larry for that advice in a second, decide to send an order, a letter, saying that we're terminating the agreements for the reason that Mr. Joslyn has stated within 15 days, is there a consensus from the Commission to do that?

MS. LOWE: So does it -- so what we stated last night, as far as the workshop, that was out?

MAYOR CLEMENS: The workshop will then probably be -- well, we may have to have a workshop amongst ourselves and decide how we're going to proceed as soon as possible.

MS. LOWE: Oh, yeah.

MAYOR CLEMENS: But I would think the workshop with Greater Bay would be null and void as far as I'm concerned.

MR. KARNS: You know, I'm not real comfortable with it.

MAYOR CLEMENS: That's fine.

MR. KARNS: I'd really prefer, if you don't have a problem with it, is putting it on for the next agenda which would be the 16th because I know it delays this a little over a week, but, you know, this is --

MR. JOSLYN: Public perception.

MR. KARNS: Right. Right. And I think it is important especially this. You can't reach agreements at this meeting. This is really direction to us.

MS. LOWE: Uh-huh.

MR. KARNS: Any decision we make has to be made in a public meeting, especially if it is not on an agenda. I know there is nothing legally that stops us from having a regular meeting, like you've got scheduled right after this, and adding things to it. But, I just think -- I don't think that would sit very well with the public.

MAYOR CLEMENS: I actually disagree, I think the public would be happy to see that we've made this move. And I appreciate what you're saying, Larry. I thank you for the legal advice. If we don't do it at this meeting right after, then I'm going to call for a special meeting at some point this week.

MR. KARNS: That's fine. I don't have a problem with that.

MAYOR CLEMENS: Because, you know, whatever the Commission wants to do. You want to come back again? But I can tell you that the public is not going to be upset.

MS LOWE: I agree with you, Mayor, about what the public wants right now. They definitely want that. But I do agree with the attorney. I don't think we should -- because, like you said, I don't think we should go out and make that -- do that right -- like you said, call a special meeting this week and that way it gives us time to, you know, -- I disagree with you as far as doing it right after this meeting. But call a special meeting this week, you know. It is only a -- you know, we'll only be there a few minutes.

MAYOR CLEMENS: Is everyone able to make a meeting tomorrow at 5 or 5:30? Are you not available then?

MR. JOSLYN: Well, it is my 25th wedding anniversary.

COMMISSION: Oh.

MR. KARNS: You don't want to be in --

MAYOR CLEMENS: As far as I'm concerned, we're not going to make any public statements or anything like that. Why is it that we need you there?

MR. KARNS: Yeah, I think we're --

MAYOR CLEMENS: We're just going to make a directive to -- 

MS. LOWE: To do something and get out of here.

MAYOR CLEMENS: I think we've discussed it all we need to today.

MS. JENNINGS: If we call you at the restaurant and interrupt you --

MAYOR CLEMENS: Does anybody have an issue with the 5 or 5:30 meeting tomorrow? It gives us 24 hours to notice it.

VICE-MAYOR GOLDEN: Let's do 5:30. It gives people a chance --

MAYOR CLEMENS: Fair enough. I would just make our decision, get out -- get in and get out and allow for public comment if we want. All right. We will talk to the clerk about scheduling that. I guess the only thing else that -- the only thing else I would just like to say is just -- I know we all know this, but this is an attorney-client session. We do not go out and talk to this about anybody. I know we're excited about possibly moving in a direction and we may want to go out and talk to folks about it. It is real important when we're possibly going to be incurring future litigation that as much as we want to talk about how excited we are about it, that we try to keep it under our hat and just, you know --

MR. JOSLYN: We haven't made a decision yet, so it is inappropriate to discuss what occurs in a meeting like this.

MAYOR CLEMENS: Right.

MR. JOSLYN: I mean, you could run into Sunshine problems to in that regard.

MAYOR CLEMENS: Exactly. As excited as we may be or as much as we may want to crow about it, I think it is important that we don't talk about it.

MS. MULVEHILL: How is this announced for tomorrow night as a special meeting? What would be the --

MAYOR CLEMENS: We generally do an e-mail blast. We post it on our web site. We post it here.

MR. KARNS: Plus you can announce it at the meeting.

MAYOR CLEMENS: We can announce it at the meeting in here.

MS. MULVEHILL: Do we have a title?

MAYOR CLEMENS: It's a special meeting.

MS. MULVEHILL: Special meeting. Okay.

MS. JENNINGS: But what are we going to say?

MAYOR CLEMENS: I see what you're saying.

MR. KARNS: You really shouldn't be discussing -- this is really -- I think you've given us direction and the way to proceed with the --

MAYOR CLEMENS: Perfect.

MR. KARNS: -- with the lawsuits.

MR. JOSLYN: I just want to ask my one question then. If and when, if the contract is terminated, do you want me or am I going to be authorized then to approach McCauley's attorney to see if we can get that case resolved?

MAYOR CLEMENS: I'm glad you brought it back full circle because that is the reason we are here today is to discuss pending litigation and the purpose of us potentially taking this action tomorrow night at 5:30 is to -- to solve this lawsuit. So absolutely. I think --

MS. JENNINGS: I have a question on that. Are they going to have a right to request that the City pay their attorney's fees? 

MR. JOSLYN: They have a right to request it. You don't have any obligation and I would certainly urge you not to pay them any money. Okay. I have very strong feelings about Mr. McNamara's role as a citizen in this community. He has cost you a hundred if not hundreds of thousands of dollars in legal fees with meaningless lawsuits.

MS. JENNINGS: Maybe. But in this case they've also felt -- I mean --

MR. JOSLYN: That's for you guys to decide. All I am telling you is I would strongly urge you not to reward this kind of behavior.

MS. LOWE: No.

MS. JENNINGS: Well, is this -- when is the appropriate time to talk about whether or not we're going to pay legal fees to a citizen watch dogs that have kept us out of horrible contracts?

MR. JOSLYN: When it comes to that, if she says well, we may want some attorney's paid.

MS. JENNINGS: Then you will come back to us?

MR. JOSLYN: Of course. Of course.

MS. JENNINGS: Okay.

MAYOR CLEMENS: All right. Is there anything else that needs to be -- or anyone wants to bring up?

MR. KARNS: We need to -- I will get the clerk. I think she has to come back here and announce it or are we supposed to go in there and announce it.

MAYOR CLEMENS: I think we will probably go in there and announce it because what we need to do is adjourn the attorney-client session here. So I will do that. Do I hear a motion for adjournment?

MS. JENNINGS: So moved.

MS. LOWE: Second.

MAYOR CLEMENS: Motion and second. All those in favor?

COMMISSION: I.

MAYOR CLEMENS: We will move into the public meeting.

MR. KARNS: Thank you very much.

MR. JOSLYN: Thank you.

(PROCEEDINGS CONCLUDED)