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HomeMy WebLinkAboutMinutes 03-20-2009CITY COUNCIL SPECIAL MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida FRIDAY March 20, 2009 5:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 5:00 P.M. ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Council Member Betty Walsh Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills 1. To Evaluate the City Manager's Effectiveness to Lead the City Mayor Randels opened the meeting by stating its importance to the future of the City. He thanked all who were in attendance. Mayor Randels stated that this was the most important meeting he was responsible for Chairing. Mayor Randels requested that the audience maintain decorum stating that the Meeting was not a popularity contest. Mayor Randels expressed the desire for better policies, procedures and recordkeeping for the Building Department. He also stated the desire to develop corrective action without the recourse of a job lost. He turned to the Council on how to proceed with the Meeting. Ms. Roberts stated that the City Manager's main concern was the life/safety issue. Ms. Roberts suggested that the Council return to the discussion on the life/safety issue. She stated that she perceived that, after that meeting, a shared responsibility related to that issue would develop. Mayor Randels reminded that the Fire Chief had also agreed with a shared responsibility and the need for improvement in communications. City of Cape Canaveral, Florida City Council Special Meeting Related to the City Manager's Effectiveness March 20, 2008 Page 2 of 9 Ms. Roberts asked Mr. Boucher if he had any comments. Mr. Boucher stated that he attempted to work out a reinstatement with Mr. Morley; however they had a few issues that they could not reach resolution on. Mr. Boucher stated that a political process has been interjected into a personnel matter which was counterproductive in attempting to resolve the personnel matter. Ms. Roberts referred to the March 10th meeting and stated that the Council was hopeful that subsequent to March 10th, that he and Mr. Morley come to some resolution. Mr. Boucher re -stated that politics made it difficult for them to reach that resolution. Ms. Roberts clarified that it was not the issue, but the process. She pointed out that the Personnel Policy was a 1998 document. Mr. Petsos again suggested Arbitration in order to have an impartial party conduct the hearing and render a solution. Ms. Roberts informed that she requested information on mediation assistance relative to arbitration assistance. She asked the City Clerk to report on what she found. The City Clerk informed that there was someone who was not an attorney, but an Alternative Dispute Resolution consultant. Mr. Steven Rosenthal was the principal for a firm called, The Training Tree and he was working with the City of Deltona on personnel related matters at this time. She could notify him to determine when he became available to address this situation. Ms. Petsos stated he agreed for an Arbitrator. Ms. Roberts stated her desire that aF} AFbi#ateF-GF a Mediator would look at a present situation, work with the parties concerned, and address the work issue. Ms. Roberts pointed out that this situation has become a high cost to the City and to Staff in lost time. Attorney Garganese defined the terms Mediator and Arbitrator as: Mediation is a scheduled conference between the parties to a dispute in order to help the parties reach an amicable resolution. A mediator cannot administer a binding order. Arbitration is a form of private dispute resolution. Arbitration is a binding procedure. A motion was made by Mr. Petsos and seconded by Ms. Roberts To Hire a Mediator to Address Resolution Between the Building Official and the City Manager. The vote on the Motion carried 3-2 with voting as follows: Mayor Pro Tem Hoog, Against; Mr. Petsos, For; Mayor Randels, Against; Ms. Roberts, For and Ms. Walsh, For. Ms. Walsh questioned if Mr. Rosenthal or his team were capable of handling the Fire Department's portion of the issue. The City Clerk informed that Mr. Rosenthal's partner was the former Fire Chief for the City of St. Petersburg, although she was not aware at this time of his level of expertise in disputes related to Fire codes. City of Cape Canaveral, Florida City Council Special Meeting Related to the City Manager's Effectiveness March 20, 2008 Page 3 of 9 Mayor Pro Tem Hoog requested that Mr. Rosenthal consider the case in its entirety. Mayor Randels stated that he did not see this as a Personnel issue. Mayor Randels stated that this situation was more an issue of who was right or wrong. Ms. Roberts stated that the City desired to pursue someone who could bring about a positive solution for the City. Ms. Walsh clarified that it appeared that the City Manager and the Building Official have spoken; however, there has been no resolution to date. Ms. Roberts stated that the whole purpose of having a professional mediator is to move them off -point and come to a consensus on this issue. Mayor Randels restated that he did not perceive that this was a personnel matter. Attorney Garganese clarified that discussion was Human Resources related to the City Manager's effectiveness to lead, so the discussion was on point. Attorney Garganese clarified that on a broader scale the discussion could bring up any other points that were related to the City Manager's effectiveness to lead as well. Mayor Randels stated that the things that he planned to present some things would have an effect on a mediation. Mr. Boucher stated, however, that he was not prepared to recount the specifics of the last City Council Special Meeting. Mr. Petsos pointed out that a Mediator could provide an unbiased opinion on the points brought up during the last Special Meeting. Ms. Roberts stated that the purpose of a Mediator was to bring the two parties together and report back to the Council on the results of mediation. She expressed how the City needs to come through this situation whole and healthy. Mayor Pro Tem Hoog stated that if the person comes in and he is unable to bring the City Manager and the Building Official to a consensus, what would the City gain. Ms. Roberts expressed that she was seeking what was best for the City on behalf of all parties concerned. Mayor Pro Tem Hoog also pointed out that Mr. Morley had been out of work for up to five weeks and he requested that the City Manager bring Mr. Morley back until the problem could be resolved. Mayor Pro Tem Hoog stated that up to this point, it was unfair to Mr. Morley to be out of work while a decision was in progress. Mayor Pro Tem Hoog asked the City Manager to consider bringing Mr. Morley back until the Mediator could be obtained. Mr. Boucher stated that he would take that under advisement as soon as the City Clerk could coordinate with Mr. Rosenthal's schedule. Mr. Boucher responded that he would consider placing Mr. Morley back in employment as long as the City was seeking a Mediator. Ms. Roberts asked if the City Council could know immediately on Monday morning. Mr. Petsos requested to know if Mr. Rosenthal could be secured on Monday as well as knowing if Mr. Morley would report to work on Monday. City of Cape Canaveral, Florida City Council Special Meeting Related to the City Manager's Effectiveness March 20, 2008 Page 4 of 9 Mr. Morley asked if safeguards would be in place to ensure that there was no resulting hostile work environment. Mr. Morley also clarified that he was seeking a reinstatement, not a probationary employment status. Mr. Leo Nicholas pointed out that the Council had made a Motion. However, they did not address the question on their Agenda. He asked for a Point of Order related to the Agenda Item. Ms. Roberts stated that Council's discussion could proceed to other aspects of that Agenda Item. Ms. Gail Villanueva presented the question of whether Mr. Boucher could manage the City. She stated that the purpose of whether Mr. Boucher would continue as City Manager was the discussion of the Agenda. Ms. Roberts responded that there was no intent to circumvent the Agenda Item. Mayor Pro Tem Hoog stated that Ms. Villanueva appeared to know the difference between a Mediator and Arbitrator and asked her to repeat her statement. Ms. Villanueva stated that she did not believe that there was a need to bring in a third -party to assess an abilities issue. Mr. John Porter stated that the Council has displayed an appreciated level of decorum. Mr. Porter stated further that both the City Manager and the City Council had room for improvement and that the City needs to move forward. Mr. Porter expressed his agreement with improving the City policies and procedures. He also pointed out the need to establish a vision and for City Council and Staff to get behind that vision and support one another. Ms. Delores Kaufman stated how she felt railroaded seeing that the Meeting went off - topic from what was stated on the Agenda. Ms. Kaufman brought up the issue of the Personnel Policy. Ms. Kaufman pointed out two policies involving Sections: 2.0 or 3.8 related to City issued property. Ms. Kaufman stated that Mr. Morley could not be charged for City cell phone use unless all City employee cell phones were investigated. Ms. Kaufmann questioned why Mr. Morley was being singled out. Ms. Kaufman stated that the City policies should both either be strictly enforced or stricken. She questioned if the City Manager was also held to the standards of the City's Personnel policies as were the City employees. She perceived this as selective discrimination toward Mr. Morley. Ms. Kaufman concluded that City Council may consider in the future not deviating from their published Agenda. Ms. Susan Carter from Bayside Condominiums referred to one of the statements expressed during discussion of who would stay and who would go. Ms. Carter pointed out that the Council Members were too close to this situation make a rational decision. She stated that the City was way behind in its practices from the top level to bottom as far as its procedures. She concluded that nothing well ever came from making accusations. City of Cape Canaveral, Florida City Council Special Meeting Related to the City Manager's Effectiveness March 20, 2008 Page 5 of 9 Ms. Carter stated her opinion that Mayor Randels called this Meeting in haste to which Mayor Randels refuted her statement. Ms. Carter recommended having someone come in with a fresh approach to analyzing how the City does business. On a final note, Ms. Carter requested to schedule a meeting with the Mayor and the City Manager within the coming week to discuss matters that have developed at Bayside Condominiums. Mr. David Schirtzinger recommended placing Mr. Morley on paid Administrative Leave while decisions were in progress. Mayor Pro Tem Hoog stated his desire to bring Mr. Morley back as soon as possible. Mr. Schirtzinger also recommended that Mr. Morley receive all of his back pay. Ms. Carter stated that she has been an independent business owner for many years and pointed out that Florida is a right-to-work state. Ms. Carter stated that it was not right for the public to make employee pay decisions. Mayor Pro Tem Hoog stated that many mistakes were made by several parties; however, Mr. Morley was the one penalized. Ms. Melora Foley requested that Mayor Pro Tem Hoog recuse himself from the vote due to his personal involvement as an electrical contractor of record on some of the construction projects on record. Mayor Pro Tem Hoog cautioned Ms. Foley on making accusations that she was unable to substantiate. Mr. Boucher stated that he would seek the Mediator's schedule and work out the details with Mr. Morley. The City Clerk would also provide the cost. Mr. Charles Pindziak asked how much emphasis would be placed on a Mediator's recommendation. Mr. Pindziak stated that a Mediator has nothing to do with the Item on the Agenda. Ms. Kaufman stated that she would like to hear what Mayor Randels planned to present that would affect any mediation. Mr. Chris Harris stated that he had a problem with the way the whole Building Department was run. Mr. Harris stated further that the City's processes were not followed through and resulted in costing him thousands of dollars and he had a problem with keeping both of them [City Manager and the Building Official]. Mr. Lyn Mars asked if a Mediator is brought in every time an employee separates from City employment. Mayor Randels responded no, they were not. For the record, Mr. Boucher stated that by close of business on Monday, the City Council would have a status report of the timeline for the Mediator and Mr. Morley's employment status. City of Cape Canaveral, Florida City Council Special Meeting Related to the City Manager's Effectiveness March 20, 2008 Page 6 of 9 Ms. Kaufman inquired about who found the Mediator. Ms. Roberts stated that she requested information from the City Clerk, who is the City's Human Resources Coordinator, to seek a Mediator and one was sought through the Florida Labor Relations Association. Mayor Randels returned to Item No.1 on the Agenda. Mr. Petsos stated that if all of the Mayor's information pertained to what was discussed for the last few weeks, then that information could be turned over to the Mediator. A motion was made by Mayor Randels and seconded by Mayor Pro Tem Hoog to Relieve the City Manager from His Duties. Mayor Pro Tem Hoog stated that he has spoken with the City Manager at length many times about his management style. Mayor Pro Tem Hoog related on City employees' feedback which was negative towards the City Manager. Mayor Pro Tem Hoog stated that he also had a problem with the way Mr. Boucher brought discussion matters to the Council. He stated that Mr. Boucher's managerial style with the people had decreased significantly. Mayor Pro Tem Hoog stated that as recently as two days ago he was still hearing the same thing. Mayor Pro Tem Hoog pointed out that Mr. Boucher and Mr. Morley had reached a stalemate. Mayor Pro Tem Hoog expressed that the recent re- structuring of the Building Department had also become a sticking point for the City Manager. Mayor Randels expressed that he was frustrated with the City Council's lack of action on the issues. He stated that the City Council listens to residents; however, the City Manager was not giving the Council any results on those issues. Mr. Petsos stated that City Council's frustrations should have been voiced during their public meetings. Mayor Pro Tem Hoog stated that some of the Board Members have also expressed these same things. He related on the nonresponsive communication comments from the Code Enforcement and the Business and Cultural Development Board. Mayor Pro Tem Hoog questioned if it will change? Mr. Petsos stated that the City Manager should be put on notice if things are not to the City Council's satisfaction. Mr. Petsos stated that the City Council rated Mr. Boucher highly on previous evaluations. Mr. Petsos stated that Mayor Randels and Mayor Pro Tem Hoog rated him highly with 4.3 through 5.0 on his 2007 Evaluation. Mayor Pro Tem Hoog stated his desire to make the City a good City, not fire Mr. Boucher. Mayor Pro Tem Hoog stated that employees, however, were afraid of him. Mr. Boucher acknowledged that there were many employees in the audience and Mayor Pro Tem Hoog was at liberty to ask any one of them. City of Cape Canaveral, Florida City Council Special Meeting Related to the City Manager's Effectiveness March 20, 2008 Page 7 of 9 Mayor Randels referred to how things were not being performed. Ms. Kaufman asked Mr. Boucher if he believed in freedom of expression and freedom of speech. Mr. Boucher affirmed that he did. Ms. Kaufman asked Mr. Boucher if he told those Building Officials who came to the March 10th Meeting not to show up at the Meetings. Mr. Boucher replied no, saying that some of the City Managers requested copies of the letters sent on Mr. Morley's behalf. However, he did not tell those City Manager's to direct their Building Officials not to attend the Meetings. Mr. Porter recommended the following for City Council's use: 1) to take into account the projects being performed, and 2) to track them in order to clarify their current status. Ms. Roberts stated how an action tracking system was the manner to approach meeting the community's needs. Mr. Petsos stated that the City Council should receive a weekly status report. Mr. Boucher stated that at every City Council Meeting he distributed a Public Works status report which was one of the major City Departments. Mr. Boucher stated that the E -Better Place Tracking System was the electronic system to address City resident concerns. Mr. Petsos asked if there were a way for the Council to access the E -Better Place System. Mr. Chris Harris recommended Microsoft Project for scheduling and developing project status reports. Ms. Judy Lau informed that she has not to date seen an Action item in the Minutes that tells who is performing what job and when it will be completed. Ms. Lau stated that the first thing any Agenda should do is provide an Action Report. She pointed out that Action documentation was key, not anecdotal information. Ms. Lau stated that she would not ever take an action based on what was told to her by someone in a parking lot. Ms. Lau stated that even in an at -will State, the Council could be sued for proceeding on unfounded comments. Mr. Ray Osborne questioned who was under Contract. Mr. Boucher clarified that his Contract was renewable in September of each year. Ms. Walsh pointed out that no Performance Evaluation was done in 2006, or in September 2008. Mr. Boucher stated that he was working on Tropical Storm Fay in 2008. At this point, Mayor Randels stated that it appeared that the City Council was the enemy in this situation. Ms. Roberts proceeded to explain how at NASA that suggested initiatives were logged. She stated how many ideas come up during a City Council Meeting; however, all the points were not registered in an Action Tracking format. Mr. Boucher stated that items brought up were tracked through his Executive Assistant. Ms. Walsh and Ms. Roberts stated, however, that the items registered needed to be distributed for all of the Council to review. Mayor Pro Tem Hoog stated that when the City Council has ideas, they need to bring them up for discussion as a forum. City of Cape Canaveral, Florida City Council Special Meeting Related to the City Manager's Effectiveness March 20, 2008 Page 8 of 9 Ms. Roberts recommended establishing the format of the City Council Meetings in order to be able to discuss what gets worked on. Ms. Roberts stated that the ISO 9000 requires a lot of documentation and she also noted how the Governors' Sterling Award sets the framework for improvements related to municipal functions. Ms. Roberts noted that the City could take some positive improvements with these guidelines. Mayor Randels also brought up the suggested Accreditation for the Building Department as a means of improvement. Ms. Foley pointed out that Accreditation was a process, which would take time. Also, the City would need "buy -in" from Staff for this process. Ms. Lau informed that if the City planned to obtain any new software to contact Brevard Job Link who would be glad to assist with them training needs. Ms. Foley mentioned that there were free services available for computer training through the Brevard County Public Library System. Mr. Porter re -stated the need for the City Council to take a step back and rethink its current course of action. Mr. Porter suggested that Mayor Randels and Mayor Pro Tem Hoog revisit their issue with Mr. Boucher within six -months from today to assess if there were any change in his performance. Ms. Roberts reminded that Council would also conduct the City Manager's performance evaluation for 2008 before that time. Mr. Porter suggested that Mayor Randels and Mayor Pro Tem Hoog consider withdrawing their motion to Relieve the City Manager from His Duties. Mr. Frank Kuhn asked how one individual resident could document complaints against a Department. Mayor Randels stated that he was aware of Mr. Kuhn's concerns related to the Sheriff's Department. Mr. Kuhn said that the problem, however, does not appear to be resolved. Mr. Petsos requested that Mr. Kuhn forward his complaints to all five City Council Members and not Mayor Randels only. Mayor Randels restated that he was aware of Mr. Kuhn's concern with the Sheriffs Office vehicle take home policy. Mr. Kuhn expressed his concern with the City paying for Officers in addition to those which were out on sick leave. Mayor Randels responded that paid sick leave was part of the current Contract. Ms. Dianne Marcum, Business and Cultural Development Board, observed that the City Council appeared to have taken the responsibility for leadership failures. She stated that it was unfair for the Council to micromanage the City Manager's duties. She stated further that, if the City Council planned to move forward, then the Council needed to set realistic expectations. Ms. Marcum pointed out their role of addressing the City's policy. Mr. Boucher assured that he would improve the communication tracking with the City Council in order to help them make City decisions. Ms. Roberts expressed that the City Council desired an action Agenda and they wanted the City Manager to report on those actions. She expressed the need for a set of Council initiatives for the City Manager's response. City of Cape Canaveral, Florida City Council Special Meeting Related to the City Manager's Effectiveness March 20, 2008 Page 9 of 9 Ms. Walsh also stated the need to hear City Board's initiatives. Mr. Petsos referred to the City Manager's past evaluations and emphasized how he had requested to hear from him in a timely manner, preferably daily. He said that this would clear up many of the communication problems. Mayor Randels agreed that it was critical for those on the City Council who were employed to hear from the City Manager in a timelier manner. A motion was made by Mayor Randels and seconded by Mayor Pro Tem Hoog to Withdraw the Previous Motion to Relieve the City Manager of His Duties. Ms. Roberts requested that the City Council immediately conduct a performance evaluation for the City Manager. Mayor Randels clarified that each of the City Council were to meet individually with Mr. Boucher, rate his performance on the prescribed form, and to discuss his evaluation during a Public Meeting. He informed that the Performance Evaluation Forms would be provided. Ms. Roberts requested to have the Management Improvement Item at the beginning of the City Council Regular Meeting Agenda. Council agreed by consensus to discuss the Management Improvements early in the Meeting. ADJOURNMENT: There being no further business, the Chair adjourned the Meeting at 7:30 P.M. c" 4::n, Rocky Randels, MAYOR Susan S ' CLIC,, ITY CLERK