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05-05-1998 Regular Meeting4rLLt-air«,,.R:. the regularly sch led commencing fat 8:3'PM a members present:., . r P;r .ESENT ALSO la!RESElsIT t. May A.gQsta r . M 6.1f lei B3eyie LouisInburgia, Stephen Loffredo Michail R:. ouzzo; 3' Barbara A Fugazii Richard Sacafan CONSIDERATIONS 1. APPROVAL. OF TIS APRIL 21,, I99S 1 Mr. Sastre '• �a, Sastre moved approval of'tlte April 2;1, 199!!'-;; seconded the motion and the vote Fwas unanimous �i ° 2. VILLAGE A, ty}ANA A. REQUEST APPROVAL AND ING APP ATTORNEY'S FEES ASSOCIATED WITH DISABILITIES. CASE. Mr. Couzzo indicated that u "scalene pmt to the settlement agree�nent;�ri the Disabilities versus Miami S res Village, attorne ' Y, expert co I. through Attorney Ed Guedess.ofWeiss, :Serota and:,Helfman. yor. amount of f� to be: $39,574.7,1. Mr. Imburgia moved: to approve funding as outlined.. Mr. Sastre seconded the motions and the vote; w ii ' nanit�q case of American's With g had been negotiated osta'confrmed the total ent•and appropriate _ . , bus in fav 3. VILLAGE CLERK AN ORDINANCE OF MIAMISO� VILL, AND. ENAC s G A DEPERRE TIRE SWORN PO <E PERSONNEL .E J'LOYED VILLAGE; P " a VIDING FOR 'ADM[NIS MANAGE r NT QF SUCH P4 ,,,�1tiTD PRO' DATE. '. r. Bast ara P gazzi ORIDA, ADOPTING P310N AN FOR XMfAMI'SHORES .FOP AN EFFECCTIVYVE ' 4 , -,,The Clerk read the CaptioU of the Ordinance, *Beating it was the second ting which requires v.,. ra public hearing and had bee ir appropriately notied. Mayor Agosta openedie floor for a public, hearing. No one wished Ospeak on the propoied Ordinance. Mayor Agolclosed public comment. Mr. Loffredo moved approval of the0r4huince. Wk. Sastre sec Oed the motion and ' . , , , the vote was unanimous uivor 7, 4 , '. VILLAGE COUN' IL , ' O . A. DISCUSSION AND POSSIBLE ACTION REGARDING T, TERMINATION OF THE EfOLOYMENT QF THE VILLAGE MANAGERi ;.9 1° ;Mayor Agosta asked thatt4se in attendance miintaiit 'their decorum Owing A 9 4ge0a, item and, ,•, , Stated that she had receiver a request -to open the iteiriup for a public bear* ,MajtOr'Agosta indicated that she had referked the request to the Village Attorpet fyr,his reVtv., Mr Sarlifan. -stated that after restarchirOe requ:St, his—opieloiffithat there is no reqUirement for a public ii hearing and public comment is at thei,Scretion of the Mayor. Mayor Agosta-stated that there would be no public:commeM until th 'conclusion of the meeting. Mayor Agcsta recognized Mr. Lolfredo as the sponsor ofthe agenda item. Stephek offiedO • Mr. Loffredo stated that the Miami j res Village Charter provides that the 'Village Manager serves at the pleasure of the Village 9puncil. He stated that for a variety °treasons, he has come to the conclusion that he can no longer support Mr. Couzzo as the Village 1VliMager.? Mr. Loffredo indicated that everyone is eAtitled to their opinion and that the Council election or a recall election is available tg those residents who do not share his opinions oiMr Couzzo's performance. Mr. Loffredo stated that he requested the item be placed on the Agenda for two main reasons, one being a cfifference`tn governmental philosophy between him and Mr. Couzzo, and two, he cannot #gree with spore of the things that Mr _Comm has done. Mr. Loffredo stated that he would not gointo specifics but would be available toOscuss privately with citizens Mr. Loffredo stated that the Manager has a contract, including 'Severance pay and it is not his intention to jeopardize Mr. Couzzo's figure employment possibilitieS. He stated that as a sworn official, he can no lager support Mr. Couzzo as the Village Manager. Mr. Loffredo moved that theCounciLterminate the services of Nil: Couzzo as'the Village Manager, effectively inunediately, an direct the Village Attorney to determine whether the termination is with or without cause. Mr. Sastre seconded the motion. • Mr. Imburgia stated that in his opinioii„ the issue is one ofjudgement. He further stated that he had not heard anything negative abou, the day-to-day job that Mr. Couzzo has done for the Village, only that there was ai,.problet with close friendships between Mr Couzzo and some of the Council and residents. Mtr. Imbuigia stated that Mr. Couzzo hes always tried to do his best for the community and he wanted to iiear both the ramifications and reinedies sumuuding the motion to terminate. He stated his onion that it would be a tremendous breach of good judgement if the 'Village Couucil ternnates Mr. Couzzo's contract.. Page 2 • . I Mr. Loffredo stated that he appreciated Mr. Imburgia's comments but that the, issue of friendships is not a problem. Mr. Loffredo indicated that he is attempting to prevent further strains on the community and to`spare everyone further controversy, • Mr. Boyle stated that he was at a loss to defend the Village Manager when,he4loesn't know what the charges are, as Mr, Loffredo has not shared his concerns with the others. Mr, Boyle stated that he would bold on any further comments until he has heard from the rest of the Council, specifically, Mr. Sastre. Mr. Sastre stated that he had no comment to make at the present time. x . Mr. Boyle outlined his reasons for his support of Mr. Couzzo, and his belief that<Mr. Couzzo has gone out of WS way to try and avoid an adversarial relationship between Council.Members... Mr. Boyle expressed his opinion 't1 t his friendship with Mrs Couzzo s: cootributtedto the.present circumstances and stated his belief that friendships should have no bearing on performance issues. Mr. Boyle offered a brief history of the development of the Manager's evaluation formand the results of the last evaluation which was conducted in September, 1997. Mr. -Boyle gave a synopsis of the meeting held between Mr. Loffredo-and Mr-..Couzzo on April 13, 1998, indicating.the report in the newspaper as his source of information. Based on the information in the paper, he stated his opinion that no one Council member has, the ability to unilaterally request.the resignation of the Village Manager. Mr. Boyle implored everyone to ask the following questions: Is this fair, Is this ethical, Is this the message we want to provide? Mr. Boyle then outlined some of the accomplishments.of Mr. Couzzo, and stated his opinion that the record of achievements is more important that the dissatisfaction of one Council member. Mr. Boyle stated that one of the reasons for the hiring ofMr. Couzzo rather than someone from outsideof the area was because.of his contacts with people in the South Florida area. Mr. Boyle offered a list of benefits that the Village has received through Mr. Couzzo's associations. Mr. Boyle stated that if he has contributed to the situation, he is sorry. He believes that Mr. Couzzo is a fine, honest and ethical man. Mr. Boyle stated that the Village cannot afford to loose Mr. Couzzo unless there is a valid reason. , Mr. Loffredo stated that he did not read his prepared comments because one of Mr. Couzzo's friends had threatened a law suit, but that his concerns are warranted. Mr. Boyle stated that if the friend is concerned, it is because of innuendo - a company's reputation is at stake and allegations should, be factual. Mr. Boyle stated his opinion that -some of the recent records requests were not valid requests, as they asked for personal time information. Mr. Sastre stated Oat he is hesitant to speak and that it is a very difficult situation. He stated that he is not satisfied with the current management of the Village and it is not about Mr. Couzzo being a nice guy. Mr. Sastre indicated that he had to follow his conscience and look, at the long term vision of the Village. He indicated thatMr. Boyce is entitled to his opinion. Page 3 • 11; 4 Mr. lmburgia stntied that the job is about performance and that the Council members who have a problem with Mr: ouzzo need to work it out He stated that the Council cannot throw the Manager out becase we, as a Council have a problem. 'He indicated that, cooler heads need to prevail and that th4 Council works for the Village. Mr. Loffredo stated that he was not present to debate the issue and he is using his judgement. He stated that during Ns meeting with Mr. Couzzo of April 13, 1998, he informed the Manager of his perception that M Couzzo's heart was not in the job and that his performance was slipping. Mr. Loffredo offered 1s opinion that it is time for a change in management. • Mayor Agosta askod if Mr. Couzzo had any comments he would like to make. Mr. Couzzo stated that all pe,oOle are accountable for their actions. He further stated that Mr. Loffredo is correct in thatheias the option to, with or without reason, to recommend a changefar the Manager's posttibi . Mr, Couzzo thanked everyone for coming to the meeting and wishbd the residents thehresi' Mayor Agosta ofrered her reasons for wanting to see a change in management, indicatingthe lack of support she ha received from the Manager. Mayor Agosta cited instances, i.e. non-attendance at Mayor's Task iorce Meetings, unavailability to attend Dade Days in Tallahassee, etc., She stated that she believes that as a woman mayor, she Wings special talents and perceptioes, to the office which have not been realized nor appreciated. Mayor Agosta asked the Clerk to repeat the Motion on the flodx and called for a roll call vote, the results of which were as follows: IP Stephen Loffredo Yea , Cesar Sastre Yea • Louis lmburgia No c, Michael Boyle No Mayor Agesta Yea The motion to terminate Mr. Couzzo's contract carried by a 3-2 margin. -.. Mr. Loffredo moved to appoint Tom Benton as the Acting Village Manager. Mr. Sastrei p seconded the motion and the vote was unanimous in favor. Mr. Boyle asked if the Village would honor the provisions of the Contract Mr. Loffredo stated his opinion that an emergency meeting of the Council could be held later in the week, and after hearing from the Village Attorney, whether the termination was with or without cause. •••• 5. ANN91.44CEMENTS The Village Clerk:read the announcements. Page 4