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HomeMy WebLinkAbout10032007SPECIAL - ALLOCCOcnvuF ~'-r~~,t 5E~ , -~ =. HOME OF PELICAN ISLAND SPECIAL CITY COUNCIL MEETING CONSIDER REMOVAL OF P & Z MEMBER ALLOCCO Called by Council Member Simchick MINUTES WEDNESDAY, OCTOBER 3, 2007 TO FOLLOW THE PREVIOUSLY CALLED SPECIAL MEETING WHICH BEGINS AT 6:00 PM CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Coy called the Special Meeting to order at 10:25 p.m. 2. The Pledge of Allegiance was not recited. MOTION by Ms. Simchick and SECOND by Mr. Neglia to extend until 11 pm. VOICE VOTE on the motion carried 5-0. Ms. Simchick said she hoped members had time to read materials provided, said she called this meeting so Council members could discuss the issue in the sunshine, that committee members are appointed by City officials so it is a Council issue and not a Charter officer issue, referenced a March 6, 2007 letters from Mr. Allocco with three intents to sue the City. Mayor Coy asked for the City Attorney's legal advice on discussing these issues. At this time the Clerk asked to call the roll. 3. ROLL CALL City Council Present: Mayor Andrea Coy Vice Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager, AI Minner City Clerk, Sally Maio City Attorney, Rich Stringer Airport Director, Joe Griffin Growth Management Director, Rebecca Grohall Police Lieutenant, Michelle Morris MIS Systems Analyst, Barbara Brooke Special City Council Meeting Consider Removal of Member October 3, 2007 Page Two 4. SPECIAL MEETING ITEM A. Consider Removal of P & Z Member Allocco Ms. Simchick continued by stating removal without cause as being an executive function, is not open to public discussion and she would add that it would be without prejudice. Mr. Paternoster said he agreed that is the only thing that should be discussed because of the litigious situation we are in and that anything further said could be used. Ms. Simchick said she felt that the relationship had deteriorated. MOTION by Ms. Simchick and SECOND by Mayor Coy, to remove Andrew Allocco without cause, without prejudice. Mr. Wolff asked if the member will have an opportunity to say whether or not he wants to continue to serve. The City Attorney explained the provisions of Section 2-172 whereby removal of a committee member for no cause means you have no legal reason, and removal for cause means you have legal justification such as misfeasance, nonfeasance and a whole list of things and if you do that there is notice and you have a hearing. He said if you want to remove without cause you are not saying the person did anything wrong, it is just not working. He said Council can discuss reasons but not make any determination that anyone has done anything wrong or violated any rules and is an administrative action of the Council and requires four votes. Ms. Simchick said if we go with cause we bring out anything that is pertinent, noting there is a Planning and Zoning Commission meeting tomorrow night at which Mr. Allocco will continue to make decisions for the City and she felt it pertinent to discuss this before that meeting. She used as an example an officer or teacher who has been accused of something, they are removed while it is being investigated, and the City has no holding power in its rules. She said Mr. Allocco has served for five years, this is a polite way of doing it, the relationship has deteriorated in a cause and effect manner, is reactionary to the paperwork she has seen and thought it was her obligation to the City and thought it was in the City`s best interest. Mr. Paternoster said he agreed with Ms. Simchick, that he does not know Mr. Allocco personally but has attended his meetings and said Mr. Allocco always handles himself with the utmost professionalism and regard for his position, it is nothing personal but it comes down to having a cohesive relationship for the betterment of our City. Mayor Coy gave Mr. Gilliams a first warning. 2 Special City Council Meeting Consider Removal of Member October 3, 2007 Page Three Mr. Neglia said he has gone to many Planning and Zoning Commission meetings and most times they were handled very professionally, but with his intent to sue the City, he did not think he could do Mr. Wolff said he does not know Mr. Allocco but has seen him at meetings and he has always done a good job. He said when someone files a notice of intent it must come from frustration and a perception of lack of action, and for someone like Mr. Allocco -who is a long standing member of the community and has served on the Board as an unpaid volunteer, he must have had his reasons for doing so, so he thinks it's a very poor situation if we just say thanks and sweep the dust under the door. Mr. Allocco spoke from the floor to speak and Mayor Coy said this was an executive decision, she was not opening up the floor to the public, and said she had a few things to say. Mr. Allocco said she might as well not and Mayor Coy asked him to stop and said we are trying to do this in a nice manner and he said okay. Mayor Coy said she bears him no malice and has no qualms and he responded and she said she was speaking to the public as a whole. She thanked him for his service and called the question. Roll call on motion was as follows: Ayes: Paternoster, Simchick, Coy, Neglia Nays: Wolff Passed 4-1. 5. Being no further business, Mayor Coy adjourned the Special Meeting at 10:38 p.m. Approved at the October 24th Regular City Council meeting. Andrea 8. Coy, Mayor ATT~T>~ ,I~-~ ~ ~ r.~. Sally A. Maio MMC -City Clerk