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HomeMy WebLinkAboutMinutes 06-13-1990 Special CITY COUNCIL SPECIAL COUNCIL MEETING JUNE 13, 1990 A Special Meeting of the City Council of the City of Cape Canaveral, Florida was held on June 13, 1990, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 6: 00 P.M. by Mayor Joy Salamone. The roll was called by the City Clerk. Officials present were Mayor Joy Salamone; Council Members Don Arabian and John Porter. Also present were City Manager, Leo Nicholas; City Attorney, Jim IV Theriac; and City Clerk, Jan Leeser. Mrs. Thurm was not in attendance due to a prior commitment. Mr. Randels was out-of- town. 1 . Motion Re: Clarification of City Manager 's Position At the request of Mayor Salamone, Mrs . Leeser read a verbatim transcript of a portion of the Regular Council Meeting of June 5, 1990, a copy of which is attached hereto and made a part hereof. Mayor Salamone requested a clarification from the City Attorney as to who was the City Manager the day following that Council Meeting. Mr. Theriac advised that clearly the intent, based on the motion in the verbatim transcript, was to make Mr. Boucher the City Manager. Mr. Porter moved to clarify the situation as of who is the City Manager at this time to include that Mr. Bennett Boucher is the acting and the actual City Manager. Mr. Arabian seconded motion. Mr. Porter stated that it was his understanding when he left the June 5th meeting that Mr. Boucher was the actual Acting City Manager and that Mr . Nicholas would serve as a consultant. Mr. Porter apologized for not being in attendance at the June 7th Special Meeting to voice his opinion. Mr. Arabian stated that it was quite clear in his mind that Mr. Boucher was the City Manager at this time. Mr. Nicholas read a portion of the minutes of the June 5th Regular Meeting, starting with the last paragraph at the bottom of page 5. He explained that these actions were confusing to the City Staff although the verbatim transcript now clarified the issue. Mrs. Leeser apologized for anything that she had done to cloud the issue but explained that the minutes of the June 5th meeting had not been transcribed prior to the Special Meeting held on June 7th. Vote on the motion on the floor was unanimous . 2. Motion Re: Clarification of Leo Nicholas ' Position 3. Motion re: Relieving of duties of Leo Nicholas Mayor Salamone requested a clarification from Mr. Porter of his motion to give Mr. Nicholas two weeks to tie up his personal business affairs at City Hall . Mr. Porter explained that his intent was that Mr . Nicholas could meet with Mr . Boucher and others but that he could not sign checks. Discussion followed. City Council Special Council Meeting June 13, 1990 Page 1 of 2 Mayor Salamone moved that effective immediately Mr. Nicholas be relieved of any official duties as City Manager. Mr. Arabian seconded motion. Discussion followed. Vote on the motion was unanimous. 4 . Motion Re: Compensation to Leo Nicholas for Work Prior to Termination Mayor Salamone moved that based on the confusion, Mr. Nicholas be paid through the 19th, which is what the City Attorney said would be an effective date at one point. Mr. Arabian seconded I motion. Mr. Porter requested clarification as to what other areas of compensation this motion was dealing with. Mayor Salamone stated that based on the Personnel procedures, Mr. Nicholas would be paid his vacation time and half of his sick leave, as well as his salary through the 19th. Vote on the motion was unanimous. 5. Resolution No. 90-34 Appointing Bennett Boucher as Acting City Manager A RESOLUTION APPOINTING AN ACTING CITY MANAGER; PROVIDING COMPENSATION; PROVIDING AN EFFECTIVE DATE. Mr. Arabian moved for adoption. Mayor Salamone seconded motion. Mayor Salamone explained that the Resolution would be effective immediately. Mr. Nicholas pointed out that upon adoption of the Resolution, Mr. Boucher would have all the privileges, powers and duties of the position of City Manager. Vote on the motion was unanimous. Resolution No. 90-34 was adopted. There being no other items on the agenda, the Special Meeting was adjourned at 6: 20 P.M. Approved this 3rd day of July , 1990. • 4/ V � Mayor Pro Tem ?J , ,vis /e 2/21.1,9 ) City erk City Council Special Council Meeting June 13, 1990 Page 2 of 2 • FILE' COPY VERBATIM TRANSCRIPT OF A PORTION OF THE REGULAR CITY COUNCIL MEETING HELD ON JUNE 5, 1990 Transcribed by Jan Leeser, City Clerk Mayor: I move that, uh, based on Mrs . Leesers ' comments that we ask Mr. Boucher if he would kindly be our interim City Manager, at this time. Do I have a second? Arabian: I ' ll second it. Mayor: Thank you . Discussion. I have discussed it with Mr. Boucher, in a very, quick, fast two seconds. Randels : Wow, that 's . . . Mayor: Somebody has to be in charge; I mean that 's been stated here by Mr. Nicholas, Ms . Leeser and all of us at one ( inaudible) ; you cannot leave the City without . . . Randels: I guess I support your motion in the fact that if we have somebody in-house that 's qualified that can keep the balls in the air it 's better than bringing somebody new off the street and saying "Do your stuff . " Mayor: I would like to state for the record, however, and get Council to agree for the record, that Mr. Boucher is doing this because I believe we don 't give him any other choice and he is doing this for Council, not for something he 's been looking forward to all his life. In that determination, he has security in his job as an employee as Financial Director; we cannot fire him because we don 't like what he does . As City Manager, however, we can, if we don 't like what he does, fire him; he must have that security of being able to go back to that Finance Director job, if heaven forbid, during this time he did something that this Council did not approve of or do not like, and I would like that for the record, to be known that . . . Randels : So it 's a detail from his current position, which is still his? Mayor: Exactly. Randels: That 's understandable. . . Mayor: . . .will be his , regardless of what he does as City Manager. Is that okay, Mr. Boucher Boucher: That 's fine. Mayor: Thank you . Uh, Mr. Russell? 41. Russell: Council of Cape Canaveral, if you 're going to ask him to take this risk, you ought to immediately pay him the money the City Manager makes, effective tomorrow. Mayor: We will be doing that right after this vote. I think he gets more money; that is one of the motions I have on my paper as an add-on item. Thank you, Mr. Russell. (While Mayor was speaking there was inaudible conversation by several other people. ) Porter: Mayor, Mayor, may, uh, would this be effective in two weeks? Well . . . Mayor: Tomorrow morning. ( inaudible conversation in back- ground) It needs to be done tomorrow morning, effective tomorrow morning; you have given him two weeks to take care of his business but we need a City Manager tomorrow morning; we do not have a City Manager right this moment in time; we have now voted out the City Manager. He needs to be it at 8: 30 in the morning. ( inaudible) Further discussion? Call the question. Leeser: Mr. Arabian? Arabian: For. Leeser Mr. Porter? Porter: For Leeser Mr. Randels? Randels: I 'm for it. Leeser: Mayor Salamone? Mayor: For. Leeser: Mrs . Thurm? Thurm: Against. Mayor: Thank you Mr. Boucher. We appreciate it.