HomeMy WebLinkAboutcocc_cc_special_mtg_minutes_012825CAPE CANAVERAL CITY COUNCIL SPECIAL MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Tuesday, January 28, 2025 6:00 p.m.
MINUTES
CALL TO ORDER
After the chair called the meeting to order at 6:01 p.m., Mayor Pro Tern Kellum led in
reciting the Pledge of Allegiance to the flag.
ROLL CALL:
Council Members Present:
Council Member
Mayor Pro Tern
Mayor
Council Member
Council Member
Others Present:
City Manager
City Attorney
Administrative/Financial Services (AFS) Director
Community & Economic Development Director
AFS IT Manager
Human Resources/Risk Management Director
Executive Assistant to the City Manager/Office Manager
Brevard County Sheriff's Office Commander
Brevard County Sheriff's Office Corporal
City Clerk
Kay Jackson
Mickie Kellum
Wes Morrison
Don Willis
Kim Davis
Todd Morley
Anthony Garganese
John Deleo
Brianna Soat
Michael Schaffer
Natalie Harmon
Lisa Day
Bryon Keck
Jeremy Lewis
Esther Coulson
APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS
A motion was made by Mayor Pro Tem Kellum and seconded by Council Member
Jackson that the city council approve the special meeting agenda as submitted.
Mayor Morrison called for a roll call vote on the motion and declared it carried
unanimously.
PUBLIC PARTICIPATION
After Mr. Garganese confirmed, at Mayor Morrison's request, that public comments
unrelated to the item for consideration on this evening's agenda would be at the city
council's discretion, Mayor Morrison called for interested parties to be heard:
After Ms . Michelle Savastano, property owner, requested that the city
resolve ongoing problems experienced with her property and adjacent
City of Cape Canaveral, Florida
City Council Special Meeting · January 28, 2025
Minutes • Page 2 of 6
properties due to the aftermath of Hurricane Helene and the submittal of
Federal Emergency Management applications, Mayor Morrison suggested
that she send him an email to follow-up on the issue where an answer would
be provided as soon as possible.
Mses. Susan Denny, city resident and Planning and Zoning Board member;
who addressed accountability in leadership and Virginia Scott, voiced
concerns on the difficulty experienced in hearing this evening's
proceedings.
Messrs. Stuart Smith, Business and Economic Development (BED) Board
member and Joe Abreu, city residents, referred to good governance;
transparency, and the immediate addressing of city matters; Pat Campbell,
city resident, appeared by telephonic conference call, voiced concerns on
the code of ordinances and code enforcement, and Bill Skinner, city resident,
addressed the lack of transparency and the need to follow-up on issues;
requested working together effectively, and asked to rectify code
enforcement policy and procedures.
The individuals below appeared before the city council citing reasons in support of the
existing city manager agreement:
Mses. Lisa Day, city employee, Angela Raymond, city resident and property
owner, Dawn Mays, business owner and BED Chair, also voiced concerns on
this evening's meeting notice requirement; Missy Aitken, city resident,
property owner, and city employee; Jeanine Coldiron (who appeared by
telephonic conference call); Messrs. Dan Coon, Lamar Russell, 8ru€e
Robertson, city residents; Brandon Ibach, visitor; Bob Baugher, property and
business owner; John Bond, also referred to his January 28, 2025 letter to
the city council (a copy of which is filed with the supplemental papers to the
minutes of this meeting).
The following people came before the city council citing reasons to terminate the current
city manager's contract:
Mses. Nancy Deen, Eileen Eidam, Lee Vicidonene Vicidomini, city residents;
Tamara Muhlbach, Tina Freeman, city residents and property owners; Peg
Schaller, city resident and property and business owner, Messrs. John
Benton, property owner who addressed concerns raised at a previous
hearing, Bruce Robertson , city resident, and Tom Shoriak, city resident and
property owner.
City of Cape Canaveral, Florida
City Council Special Meeting · January 28, 2025
Minutes · Page 3 of 6
By unanimous consent, Mayor Morrison closed the public participation.
CITY MANAGER EMPLOYMENT AGREEMENT
Mayor Morrison gave reasons for recommending the termination of Mr. Morley's
July 24, 2020 employment agreement and distributed and cited his January 28, 2025
correspondence regarding reasons for his termination, a copy of which is filed with the
supplemental papers to the minutes of this meeting.
Following extensive discussions and at Mayor Morrison's request, Mr. Garganese
confirmed in the affirmative by quoting from the employment agreement the termination
for cause section in the employment agreement including subsection 11.C.(3), neglect of
duty constitutes failures in supervising departments and resolving procedural issues;
subsection 11.C.(4), demonstrate reckless failure to car ry out the duties in the City Charter
and Florida Statutes. in the mishandling of public records and performance in code
enforcement and permitting and confirmed, in agreement 111ith Mayor Morrison's
January 28, 2025 correspondence, same as the city council's reasons to terminate for
cause.
Mr. Morley then addressed the City Council. He raised a verified the 14th amendment due
process issue, and explained that it is the first time he has received Mayor Morrison's
January 28, 2025 correspondence, and voiced concerns on the conduct of this evening's
proceedings as he has not received notice from the city council commission of the
sp ecified charg es. Mr. Morley referred to the council members' statements made at the
January 25, 2025 regular meeting, voiced his belief that this evening's proceedings is a
violation of the Florida Open Public Meetings Act which ought to cease immediately, and
indicated that if Mr. Garganese does not advise the city council to stop the special
meeting, he would p roceed pursue legal action immediately.
At Mayor Morrison's request, Mr. Garganese described the procedures that were
undertaken by the Cit y to schedule and notice this evening's meeting and determined
that the 14tl=l amendment due process violation is a conclusory statement where according
to the charter, city code and the subject employment agreement, there are no procedures
relating to same sou g ht clarification from Mr. Morley about his statements re gardin g the
Sunshine issue. Discussion occurred about whether the meetin g had been p ro perly
noticed in accordance with the Sunshine Law and Cit y Council p rocedures. Mr. Morley
clarified that he was not q uestionin g the adequac y of the notice. However, Mr. Garg anese
noted for the Cit y Council that Mr. Morley was raisin g a se p arate Sunshine issue. Ma yor
Morrison then asked Mr. Gar ganese about the 14th Amendment issue raised b y Mr.
Morley. Mr. Gar g anese indicated that it was a concluso ry statement and that the Ci ty
Mana g er under the em p loy ment ag reement and city charter serves at will. Further Mr.
Gar g anese stated city code and city charter do not p rovide a p rocedure for this situation
City of Cape Canaveral, Florida
City Council Special Meeting · January 28, 2025
Minutes · Page 4 of 6
and that the City Mana ger is at will under the ag reement and Mr. Morel y has an
o pportunity to res p ond full y to what is bein g stated at this meetin g.
Subsequent to further discussion, Mr. Morley distributed, cited, and discussed his revised
response and his performance relating to the Fillmore Avenue and Jackson Avenue Town
Home projects addressed at the January 21, 2025 regular meeting, a copy of which is filed
with the supplemental papers to the minutes of this meeting.
Mr. Morley reco g nized and acce pted the city council's p rero g ative . if it chooses to
terminate his position at this evenin g 's meetin g, dis p uted that there is no cause as he
does not work for one council member. and a pp lauded the city em p lo yees p resent at this
evenin g 's meetin g on their p rofessionalism . dedication and efforts.
Mr. Morley referred to the advice he and Mr. Garganese initially gave to the city council
that it should not have been involved in the subject project and relayed the efforts he
made to follo·N and implement the council's instructions which inserted itself in a civil
matter. Mr. Morley recognized and accepted the city council's prerogative, if it chooses
to terminate his position at this evening's meeting, disputed that there is no cause as he
does not work for one council member, and applauded the city employees present at this
evening's meeting on their professionalism, dedication and efforts.
After considerable discussion, and upon Mayor Morrison's recommendation, the city
council by unanimous consent, reopened the public comments and called for
interested parties to be heard:
Ms. Soat gave a recollection of events that transpired on the transfer of
electronic records on her city-issued cell phone at the beginning of her
employment with the city.
Dr. Shannon Roberts, city resident and property and business owner,
addressed options: the opportunity for executive performance, planning,
and evaluation and for the city council to determine a resolution.
By unanimous consent, Mayor Morrison closed the public comments.
Subsequent to further deliberations, a motion was made by Mayor Morrison and
seconded by Council Member Jackson that the city council terminate the city
manager's employment agreement with Mr. Todd Morley effective immediately
with cause and without severance as previously cited in Mayor Morrison's
January 28, 2025 correspondence.
City of Cape Canaveral, Florida
City Council Special Meeting · January 28, 2025
Minutes · Page 5 of 6
Mayor Morrison called for a roll call vote on the motion with the council members
voting as follows:
Council Member Kim Davis
Council Member Jackson
Mayor Pro Tem Kellum
Mayor Wes Morrison
Council Member Don Willis
Against
For
For
For
Against
The motion carried on a three to two (3 to 2) vote.
ADJOURNMENT
The meeting adjourned at 9:09: p.m.
Mayor Morrison recalled the meeting to order at 9:10 p.m.; pointed out the
recommendations outlined in his January 28, 2025 correspondence, and addressed on the
need to reconvene to consider the appointment of an interim city manager and
establishment of the next steps
In response to Mayor Morrison's recommendation to appoint Ms. Day to the position of
interim city manager for a short period, she gave reasons why she declined accepting the
offer.
Mayor Morrison indicated that this evening's task to appoint an interim city manager will
be until the February 18, 2025 regular meeting; addressed the need for someone to be a
bridge, and questioned whether Mr. Deleo would be willing to serve as interim city
manager.
After some discussion, Mr. Garganese addressed the option where an interim city
manager can be appointed as a temporary bridge until the next regular council meeting
and at that time consider where it could organize; appoint an interim city manager and
conduct a search for a city manager.
After discussion, Mr. Deleo accepted the interim city manager position.
A motion was made by Council Member Willis and seconded by Council Member
Davis that the city council appoint Administrative/Financial Services Director John
Deleo as interim city manager effective immediately to serve as a bridge until the
February 18, 2025 regular meeting.
There being no one to come before the city council and by unanimous consent, Mayor
Morison closed the public comments.
City of Cape Canaveral, Florida
City Council Special Meeting · January 28, 2025
Minutes · Page 6 of 6
Mayor Morrison called for a roll call vote on the motion and declared it carried
unanimously.
After discussion, Mr. Garganese pointed out the city charter requirement under {Article 111,
City Manager•; noted the city council's action to fill the city manager's position on an
interim basis was appropriate and taken as a necessity per the city charter, and
acknowledged the topics at this evening's proceedings was limited to the city manager's
position.
The meeting concluded at 9:23 p.m.
Esther Coulson, City Clerk, MMC Wes Morrison, Mayor