HomeMy WebLinkAboutIII(A) Approval And Acceptance Of Minutes Of City Commission Regular Meeting Of September 16, 1997 And The Minutes Of Meetings Regarding The Hiring Of City Manager: Work Sessions and Special Sessions [igenaa 1U-/-9/
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MINUTES OF THE CITY OF OCOEE
REGULAR CITY COMMISSION MEETING
HELD SEPTEMBER 16, 1997
CALL TO ORDER
Mayor Vandergrift called the regular meeting to order at 7:20 p.m. in the Commission
Chambers. Commissioner Anderson led in the prayer and Frances Watts led in the pledge of
allegiance. The roll was called and a quorum declared present.
PRESENT: Mayor Vandergrift, Commissioners Anderson,Howell and Parker. Also present
were Acting City Manager Psaledakis, Assistant City Attorney Scott Clements,
Assistant City Engineer Wheeler, Planning Director Wagner, Capital
Projects/Concurrency Analyst Resnik, Public Works Director Corwin, Police
Chief Mark, Fire Chief Strosnider, Consulting Engineer Hamstra and City Clerk
Grafton.
ABSENT: Commissioner Glass (out of town).
PRESENTATION AND PROCLAMATIONS
PROCLAMATIONS
Mayor Vandergrift read the following proclamations:
Kid's Day America/International- September 20, 1997
National Fire Prevention Week- October 5 - 11, 1997
Domestic Violence Awareness Month- October 1997
NON-AGENDA ITEM
Mayor Vandergrift called Commissioner Howell to the lectern and presented a plaque to him
for representing the City in a golf tournament sponsored by West Orange Chamber of Commerce
to raise money for those in need. Commissioner Howell announced that Commissioner
Anderson, Police Chief Mark and Rod Winfrey completed the team and that they took 3rd place
in the Chamber sponsored tournament. Commissioner Howell also announced that there would
be another tournament on Friday, September 19, 1997, and encouraged citizens to attend.
Mayor Vandergrift asked Commissioners to make their announcements at this time.
Commissioner Parker announced the Ocoee Police Department was sponsoring a women's Self
Defense Class, Saturday, September 20, 1997, from 9:00 a.m. to 12:00 p.m., at the Ocoee Middle
School Gymnasium and encouraged all to attend.
Commissioner Howell expressed appreciation for staff's sympathy in his loss last week.
Mayor Vandergrift spoke of the 15 City Employees and citizens who helped paint the house of
a needy senior citizen on Community Care Day '97. He also spoke of West Orange High
School's football victory over Evans High School, and announced that the son of one of Ocoee's
citizens, Kennard Lange, had signed a multimillion dollar contract with the Washington
Ocoee City Commission Regular Meeting
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September 16, 1997
Redskins Football Team and returned to his church in Orlando, The New Covenant Baptist
Church, and donated a great deal of money to it.
CONSENT AGENDA
The consent agenda consisted of items A and B. Mayor Vandergrift pulled item B. for
discussion. Commissioner Anderson, seconded by Commissioner Parker, moved to approve
item A of the consent agenda as presented. Motion carried 4-0. (Commissioner Glass was not
present.)
A. Approval and Acceptance of Minutes of City Commission Regular Meeting of
September 2, 1997 and Tentative Budget Public Hearing of September 2, 1997.
Item III. B of the consent agenda was discussed at this time.
B. Approval and Authorization to transfer funds from Contingency to Account No. 001-519-
6400 to Purchase Track Lights for Commission Chambers.
• These lights are needed to improve the TV production.
After brief discussion to clarify the type and number of lights, Commissioner Anderson,
seconded by Commissioner Howell, moved to award the bid for track lights to the sole
responder, Amber Electric, Inc. in the amount of$2,269, and to authorize the transfer of funds
from the contingency fund to account No. 001-519-6400. Motion carried 4-0. (Commissioner
Glass was not present.)
COMMENTS FROM CITIZENS/PUBLIC
Former Commissioner Gleason, 856 Hammocks, spoke of the Health Central Foundation Golf
Tournament and explained their goal to provide a registered nurse for each of the 20 schools in
the area covered by Health Central. He also reminded Commission that Dr. Dennis Smith, the
new superintendent for Orange County Public Schools is holding a meeting on Thursday, at the
West Orange High School Ninth Grade Center at 7:00 p.m. Also thanked Mayor Vandergrift for
his efforts to persuade Chamber members to come out in favor of the one percent sales tax.
Mr. Lewis Witter, representing IRIE AM Team - 1600 AM WOKB, gave a brief overview of
the radio station's history, explained the topics and issues the station covers and asked for
Commission's support. Mayor Vandergrift directed the City Attorney to research the legalities
of whether the City could give support to an organization that was for profit, and invited Mr.
Witter to come back at a later date for Commission's answer.
PUBLIC HEARINGS
ORDINANCE No. 97-17,REDRAWING DISTRICT LINES.
This Ordinance was read by title only. Districting Commission Chairman Holmes displayed a
map showing the old district lines and how they compared to the new district lines, and explained
that due to present and anticipated future increase in population, some districts appeared to be
considerably larger than others.
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Ocoee City Commission Regular Meeting 71 I
September 16, 1997 LD U]
The public hearing was opened.
Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked why District No. 3 was so much
larger than the others and Chairman Holmes gave a brief explanation.
Mayor Vandergrift introduced Beverly Willis, Supervisor of Elections Senior Mapping
Supervisor, and Mrs. Willis echoed Chairman Holmes's comments. She explained that this
entire issue of the drawing of the lines would be revisited following the year 2000 census.
Mayor Vandergrift presented a laser pointer to Mrs. Willis in appreciation for her many hours
of work in preparing the district maps.
Commissioner Anderson asked that a copy of the new district map be included with citizens'
water bills.
Mayor Vandergrift suggested that a letter go to all homeowners associations advising them of
the change.
The public hearing was closed.
Commissioner Anderson, seconded by Commissioner Howell, moved to adopt Ordinance
No. 97-17, amending single-member district boundaries. Motion carried 4-0. (Commissioner
Glass was not present.)
Chairman Holmes recognized the members of the Districting Commission(Ruth Grafton, Betty
Hager, Martha Lopez-Anderson, and Robert Williams) expressing appreciation for their efforts.
He also thanked Senior Planner Horne and Mrs. Willis for technical support.
OTHER BUSINESS
FIRST READING: ORDINANCE No. 97-20, CHANGING MUNICIPAL ELECTION DATES TO 2ND
TUESDAY IN MARCH.
This Ordinance was read by title only. Commissioner Anderson announced the second reading
and public hearing to be October 7, 1997, at 7:15 p.m.
DISCUSSION/ACTION RE: RESOLUTION 97-10 ADOPTING ANNUAL CONCURRENCY ASSESSMENT
OF INFRASTRUCTURE AND SERVICES AND INFRASTRUCTURE DEFICIENCIES MAP.
This resolution was read by title only. Capital Projects/Concurrency Analyst Resnik presented
the staff report.
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Ocoee City Commission Regular Meeting ftj
September 16, 1997 �uL J
CLERK'S NOTE:
Mayor Vandergrift informed Acting City Manager Psaledakis
that he had received a complaint from a citizen that lives on
Apricot Drive regarding a drainage leak between Flewelling and.
Apricot, running along Ocoee Hills Road. She has a drain at the
northern entrance of Apricot Drive and would like someone from
the City to go out and take a look.
Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked how the City proposed to realign
Apopka-Vineland.Road from the intersection of AD Mims south to Silver Star Road; and Mayor
Vandergrift clarified the issue for him. Mr. Mohnacky also asked Commission who would
benefit from the new turnpike exit and Ms. Resnik responded. He also commented that those
who get reclaimed water should be the ones who pay for it.
Martha Lopez-Anderson, asked. Commission what exactly falls under concurrency issues
besides water, sewer, garbage and roads. Ms. Resnik replied parks and public transportation
would fall under concurrency management but that police, fire and schools are optional. Mrs.
Lopez-Anderson also suggested Commission stop approving new developments until it deals
with future growth in the City and overcrowding in schools.
RECESS - 9:10 p.m. - 9:20 p.m.
Commissioner Parker said one thing that every citizen in the City of Ocoee and West Orange
County could do to remedy this issue, is to send a message that they control who sits in the seats
at the state level and on the school boards; and if they want to continue sitting in those seats, they
will not address any of their own administrative needs, any further, until they address the issue of
the overcrowding in schools in West Orange County.
Commissioner Anderson, seconded by Commissioner Parker, moved to adopt Resolution 97-
10, adopting the Concurrency Assessment of Infrastructure and Services and the accompanying
Infrastructure Deficiencies Map. Motion carried 4-0. (Commissioner Glass was not present.)
Mayor Vandergrift announced he would take agenda item VL D - NPDES Draft annual
report, and VL E- Interlocal Agreement Providing for Joint Collection of Monitoring Data
between the Orange County Joint Applicants for the NPDES Stormwater Program Required
by EPA -out of agenda order and discuss them at this time.
DISCUSSION/ACTION RE: NPDES DRAFT ANNUAL REPORT(PERMIT YEAR 1).
Assistant City Engineer Wheeler presented the staff report.
Commissioner Anderson, seconded by Commissioner Parker, moved to accept and approve
this Permit Year 1 NPDES Annual Report in accordance with EPA Florida MS4 Permit No.
FLS0000011. and authorize the Mayor and City Clerk to execute the Certification Statement
Form. Motion carried 4-0. (Commissioner Glass was not present.)
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Ocoee City Commission Regular Meeting
L J
September 16, 1997
DISCUSSION/ACTION RE: INTERLOCAL AGREEMENT PROVIDING FOR JOINT COLLECTION OF
MONITORING DATA BETWEEN THE ORANGE COUNTY JOINT APPLICANTS FOR THE NPDES
STORMWATER PROGRAM REQUIRED BY EPA.
Assistant City Engineer Wheeler presented the staff report.
Mayor Vandergrift, seconded by Commissioner Howell, moved to approve this Interlocal
Agreement Providing for Joint Collection of Monitoring Data Between Municipalities, Valencia
Water Control District, FDOT and Orange County Within Unincorporated Orange-County and
authorize the Mayor and City Clerk to execute this agreement. Motion carried 3-1.
(Commissioner Anderson voted no and Commissioner Glass was not present.)
DISCUSSION/ACTION RE: EXTENSION OF DATE ON INTERLOCAL AGREEMENT ON THE PALM
DRIVE VACATION.
This Resolution was read by title only.
Mayor Vandergrift, seconded by Commissioner Howell, moved to revise Resolution No. 97-
05 so that such approval is made subject to the Expressway Authority signing the Joint
Participation Agreement on or before November 20, 1997, rather than September 17, 1997.
Motion carried 4-0. (Commissioner Glass was not present.)
DISCUSSION/ACTION RE: WAIVER OF BID PROCESS AND PURCHASE OF Two DIXIE CHOPPER
MOWERS FROM SOLICITED QUOTES.
Public Works Director Corwin presented the staff report.
Mayor Vandergrift asked that in the future Mr. Corwin provide pictures in the staff reports.
Commissioner Parker, seconded by Commissioner Howell, moved to waive the bid process
and purchase the two Dixie Chopper mowers from H & M Mower Sales and Services, Inc. for
$14,290 and that in the future any requests to waive bids must show a need to waive. Motion
carried 3-1. (Commissioner Anderson voted no and Commissioner Glass was not present.)
STAFF REPORTS -None.
COMMENTS FROM COMMISSIONERS
Commissioner Anderson:
1) Announced the Ocoee Webb Site: WWW.CI.00OEE.FL.US
Commissioner Parker:
1) Announced the RSVP Line 656-2218.
2) Announced the women's Self Defense Course being offered by the Ocoee Police Department
on Saturday, September 20, 1997, from 9:00 a.m. to 12:00 p.m. at the Ocoee Middle School
Gymnasium. For more information call Officer Dreasher at 656-1518.
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Ocoee City Commission Regular Meeting I j 1���
September 16, 1997
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Commissioner Howell:
1) Announced that he has scheduled a meeting at Spring Lake Elementary School on September
24, 1997, at 2:00 p.m., with members of the Orange County School Board, Transportation
Department, Safety Department and the Supervisor of the Elementary Schools; and asked if
the Mayor and any of the other Commissioners would be attending. Mayor Vandergrift
said he would attend. (City Clerk will post a notice of the meeting and it will be taped by
the principal.)
2) Inquired who should be contacted to get a turn arrow light at A.D. Mims and Clarke Road.
Acting City Manager Psaledakis said Public Works would be the department to speak to
and that she would contact Chief Mark regarding an accident count. Mayor Vandergrift
added that there should be a"Blind Intersection" sign as well.
3) Would like to have Ocoee Police provide escorts for funeral processions within the City of
Ocoee to the Ocoee Cemetery for Ocoee citizens.
Mayor Vandergrift:
1) Referring to the form letters that have been coming in from residents in Windermere Groves
Subdivision, proposed responding with a form letter listing the steps that will be taken
regarding the multifamily housing to be built adjacent to the Cross Creek Subdivision.
2) Announced he was calling a meeting for October 27, 1997, with school board members and
legislators to hear citizens complaints and concerns regarding overcrowded schools.
CLERKS NOTE:
The chambers had been reserved for another meeting on that date, and Mayor
Vandergrift changed the date for this meeting to October 30, 1997.
Commission reached consensus to have staff invite legislators and citizens to this meeting,
announce it on citizens' water bills and to also have T.V. coverage of the meeting.
3) Would like Center Street ditch restored.
4) Thanked Television Crew for doing a great job.
Commissioner Glass: - Not present.
ADJOURNMENT
The meeting was adjourned at 10:20 p.m.
Attest: APPROVED:
City of Ocoee
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
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Agenda 10-7-97
Ti� � nItem III A
MINUTES OF THE OCOEE CITY COMMISSION WORK SESSION
HELD JANUARY 18, 1996
CALL TO ORDER
Mayor Vandergrift called the Work Session to order at.7:10 p.m. in the Commission
Chambers and asked City Manager Shapiro if he wished to speak. To this Mr. Shapiro
replied no. The roll was called and a quorum was determined to be present.
PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass, Gleason, and
Johnson. Also present were City Manager Shapiro, Personnel Director
Psaledakis, Recreation Director Beech, Planning Director Wagner, and
City Clerk Grafton.
ABSENT: None.
Former Commissioner Combs, 310 Sabinal Street, addressed Commission regarding
issues that occurred, and his method of handling them, during his term of office
DISCUSSION/ACTION RE: CITY MANAGER'S EVALUATION
Vicky Prettyman, 1405 Lukay Street, said there was too much anger displayed by the
Commissioners in going through this process and was not sure they were thinking clearly.
She stated that, as a taxpayer, she felt all this should stop.
Mr. Harold Switzer, 609 East Lakeshore Drive, said he was not intending to be critical
of Commission, but a manager's goal is to manage, and intimidation is sometimes part of
the job. He said that Commission should praise in public and criticize in private.
Commissioner Gleason stated that while he was campaigning for office, Mr. Shapiro's
performance was the dominating issue mentioned by the public. He said that the issue
now is job performance and accountability. He noted that he had visited City Hall many
times and found him gone home already. He questioned Mr. Shapiro's commitment to
the job and gave many examples of discrepancies in the records he kept for expenses and
attendance. He said that, as Mr. Shapiro has already asked permission to look for another
job,that it would be appropriate to search for a replacement at this time.
Mr. Shapiro said he took exception to Commissioner Gleason's questioning his
commitment to the job and said the record of his attendance does not reflect all the
meetings he has while not in his office or is cruising the City as the Public Works
Director. Also felt there was a political split between Commissioners and that it was
impossible to please them all, but that he tried to do the will of the majority.
Mayor Vandergrift asked how other City Managers would handle the same situation and
then questioned Mr. Shapiro about the methods used to provide information to
Commission. Mr. Shapiro gave examples and said he tried to give each what he asks
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City of Ocoee Work Session L{
January 18, 1996
for, either verbally or in written form, and that all memos are copied to all members of
the Commission, as everybody has a right to all the information..
RECESS - 8:20 p.m. - 8:35 p.m.
Commissioner Glass said he liked Mr. Shapiro personally; that he didn't always agree
with the things he did, but he respected his leadership. He said he didn't believe there
was enough evidence to warrant firing Mr. Shapiro and that at the moment he was still
undecided. He listed some of the issues that had been mentioned as grounds to terminate
Mr. Shapiro, but he was not sure that there were clear directives on all issues: (1) not
logging in and out at City Hall, (2) taking vacation in bits and pieces, (3) use of the
American Express Card, and (4) employee morale. He said that clear direction had been
given on at least the last item and it had been accepted with a cavalier attitude. He was
fully aware of the opinions of some citizens and developers that he was an "expletive
SOB,"but he knew that if it were not for Mr. Shapiro he would not be living in Ocoee.
Commissioner Anderson said he was undecided as he had not been Commissioner long
and needed to hear more information. He asked City Attorney Rosenthal if the City
would have legal standing if the contract were terminated
City Attorney Rosenthal said that if the City should have to go to court over this matter,
the City should hire private counsel because he has worked to closely with Mr. Shapiro
and there would be a conflict of interest. He explained that if Commission feels they
have cause they can terminate the contract. They can also terminate without cause and
pay the balance of the contract. The procedure in the Charter provides that they must
have a preliminary statement.
RECESS - 9:10 p.m. - 9:25 p.m.
Mr. Daniel Petro, 175 Crown Point Circle, explained that sometimes letting someone go
quickly often results in loss of efficiency. He said Commission should stop and think that
if Mr. Shapiro decides to fight this, much time and money could be spent in court
foolishly because by then his contract will have run out anyway.
Commissioner Johnson gave a history of where the City was before and how it has
progressed since Mr. Shapiro became City Manager, and said he was in favor of keeping
him.
Mayor Vandergrift gave a history of his relationship with Mr. Shapiro, said he didn't
like his management style because he didn't communicate well, and said that when
speaking with Ocoee citizens, many said they didn't like the way he managed and were
not in favor of renewing his contract.
Commissioner Johnson recalled the period of time (over a year) when Mr. Shapiro was
sick with sleep apnea that he would sleep through a conversation and wake up with the
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City of Ocoee Work Session J _ b
January 18, 1996
answer to a question raised during the conversation. He then spoke at length in favor of
keeping Mr. Shapiro.
Mayor Vandergrift discussed his relationship with Mr. Shapiro and the reasons he felt
the contract should be terminated, giving a history of a lack of communication and a lack
of responsiveness to his suggestions and/or directives from his first day in office.
There was further discussion on the advisability of taking action immediately or waiting
until a later date. Mr. Shapiro said that, with 90 days to deal with employee morale and
30 days to communicate with the Mayor, he was beginning to feel no support, that he
needed to be told he was fired or to get out and do his job
ADJOURNMENT
The meeting adjourned at 11:00 p.m.
Attest: APPROVED:
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
3
Agenda 10-7-97
o d Item III A
MINUTES OF THE OCOEE CITY COMMISSION LUNCHEON/WORK SESSION
FOR DISCUSSION/SELECTION FOR THE POSITION OF CITY MANAGER
HELD JANUARY 4, 1997
Mayor Vandergrift called the Workshop discussion/selection for the position of City Manager
to order at 1:45 p.m. in the Commission Chambers conference room. The roll was called and a
quorum declared present.
PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass and Gleason and Johnson.
Also present were Personnel Director Psaledakis, City Manager Secretary
Gosnell, and City Clerk Grafton.
ABSENT: None.
City Engineer Jim Shira, Building Official Don Flippen, Planning Director Russ Wagner and
Police Chief Robert Mark took the candidates to lunch at Sam Sneads. The candidates are:
Jeffrey Broughton, Dragisitch, Jack Howley and Hutka.
Discussion/Selection for the Position of City Manager
Commissioner Gleason noted that several candidates thought it unusual that there was not a
group interview. The candidates felt that a group interview allowed the commissioners to hear
the answers as a whole. Mr. Gleason then asked if there was a possibility to discuss the
candidates to see if the field could be narrowed to two candidates and then bring them back with
their spouses. There would then be time to refine the questions and get the public involved by
having a public meeting or workshop.
Personnel Director Psaledakis said in a group interview it is possible to watch body language,
and an answer might trigger a response that a commissioner might want to add to the question.
Commissioner Glass liked the one-on-one interviews and felt there was more openness in
answering the questions. He said when the process was discussed, he envisioned going this route
one-on-one, getting feedback and narrowing it to a field of two. Discussion followed regarding
further interviews,time frames and possible changes in the government.
Personnel Director Psaledakis advised that she had asked Attorney Reynolds Allen to fax an
outline of things that need to be considered regarding an employment contract. She said there
were issues from both Personnel and Finance that needed to be qualified on the next city
manager contract. She distributed the material from Attorney Allen to the Commission.
Mayor Vandergrift stated he learned from the candidates that it is not so much the term of the
contract but the security of the contract. Discussion followed regarding length of contract.
Consensus was for a one year contract at the beginning of employment.
The question was raised concerning moving expenses. Personnel Director Psaledakis said it
was not uncommon to pay moving expenses to an amount decided by the Commission. She said
the language in the contract was going to be the most critical concern, and she thought it was
13UL
CITY OF OCOEE LUNCHEON/WORK SESSION FOR
DISCUSSION/SELECTION FOR THE POSITION OF CITY MANAGER
JANUARY 4, 1997
important for the Commission to know the problems encountered with the existing contract.
Some of those problems were (1) the picking and choosing of which benefits should apply, (2)
who should authorize leave, and (3) who should authorize buying back personal leave time. She
asked if the City Manager should be allowed to buy back hours, and if so, who would authorize
this. All employees must take 80 hours of personal leave time. Once an employee exceeds 360
hours accrued time,the City must reimburse him or her the hours over 360. She asked if the City
Manager should have to take the 80 hours of personal leave. Normally in contracts, the City
Manager abides by the same benefit package and the conditions as all general employees. The
pension might be different for the City Manager. Discussion followed.
There was a consensus that the new City Manager adhere to the same policy as the other
employees regarding leave time and that he should report to someone when scheduled to be out
of the office, e.g. a half day.
The next item for discussion was salary. Mayor Vandergrift talked about not getting beyond
the salary range of the community. Commissioner Gleason stated the salary should be based on
the job compared to other areas. He said he viewed the City as a company with over 200
employees that generates $20 million a year. Therefore, based on the comparison of the salary of
the City Manager with that of a CEO of a private company doing the same amount of revenue
with the same amount of employees, a salary range of $75,000 to $85,000 would not be
unreasonable. Commissioner Glass stated he felt the range of $75,000 to $85,000 was an
appropriate place to begin, starting low and leaving room to negotiate.
Consensus was reached that the new City Manager contract would not include the provision as
the present contract did that the City Manager would be paid 10% more than the highest paid
employee.
Personnel Director Psaledakis stated normally once a meeting has been held with the labor
attorney and he has outlined the working conditions and contractual language required by the
Commission, he will negotiate with the individual on their behalf. Consensus was reached that
when the field was narrowed to one candidate,Attorney Allen would handle negotiations.
A meeting was set for Thursday, January 9, at 7 p.m. with Tuesday, January 14, set as an
alternate date to discuss candidates and contract contents and narrow the field to the two
top candidates.
There was a consensus to research the amount to move the new city manager, including packing,
transporting and unpacking the household items and pay for the move.
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CITY OF OCOEE LUNCHEON/WORK SESSION FOR
DISCUSSION/SELECTION FOR THE POSITION OF CITY MANAGER
JANUARY 4, 1997
There was discussion regarding calling the towns of the two top candidates to talk to the
constituents and having the wives of the candidates come with them when they are.invited back
for more interviews.
Personnel Director Psaledakis talked about a per diem for the new City Manager when he
moves, and Commissioner Gleason mentioned $.31 a mile.
There was discussion of the social gathering on January 3. Commissioner Gleason stated he
asked each of the candidates his opinion of the process. The response was that it was unusual,
but they enjoyed the opportunity to see people in a casual setting and learned more about the
staff by observing them than by asking questions.
City Manager Secretary Gosnell reported that of the 70 invitations she sent for the social
function scheduled for the evening of January 4, she received 20 responses, five of which were
no due to previous engagements.
Adjournment
The meeting adjourned at 3:10 p.m.
APPROVED
Attest: City of Ocoee
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
3
Agenda10-7-97
Item III A
MINUTES OF THE OCOEE CITY COMMISSION WORK SESSION
FOR DISCUSSION/SELECTION FOR THE POSITION OF CITY MANAGER
HELD JANUARY 14, 1997
Mayor Vandergrift called the Work Session to discuss the selection for the position of City
Manager to order at 7:10 p.m. in the Commission Chambers conference room. The. roll was
called and a quorum declared present. He asked the Commissioners if they wished to allow the
audience to speak, and they answered in the affirmative.
PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass, Gleason and Johnson. Also
present were City Attorney Rosenthal, Labor Attorney Allen, Personnel Director
Psaledakis, City Clerk Grafton and 36 citizens.
ABSENT: None.
Discussion/Selection for the Position of City Manager
Attorney Reynolds Allen suggested procedure for public comments.
Mr. Robert Wallich, 312 East Geneva Street, opined that the selection of a new City Manager
with an election the next month would be presumptuous since the face of the Commission could
change.
Mr. John Linebarier, Center Street and Ocoee Hills Road, expressed his support of Mr. Shapiro
as City Manager.
•
Mrs. Bruni Massa, 611 East Lakeshore Drive, asked why Mr. Shapiro was being replaced.
Mr. Allen advised the contract for Mr. Shapiro would expire January 31, 1997.
Former Commissioner Betty Hager stated her support for Mr. Shapiro.
Commissioner Johnson concurred with Mrs. Hager. Commissioner Glass stated he had
always voted his conscience in the best interest of the citizens of Ocoee.
Mayor Vandergrift explained the history of the City Manager search but was interrupted by
several citizens regarding the failure to offer Mr. Shapiro another contract. Mr. Allen called for
an orderly meeting with the citizens speaking in turn and remaining quiet for others.
Mrs. Pat Bond, 295 North Lakeshore Drive, supported the reaffirming of Mr. Shapiro's contract
and asked each commissioner to address why he did not want to renew Mr. Shapiro's contract.
Mrs. Betty Ervine, Orlando Avenue, stated she was present for information only.
Mrs.Betty Hager restated her support of Mr. Shapiro.
Mr. Danny Howell, 895 Marlene Drive, stated the Commission should not be failing to renew
Mr. Shapiro's contract because they cannot get along with him.
D In1 � cl 'j
OCOEE CITY COMMISSION WORK SESSION
FOR DISCUSSION/SELECTION FOR
THE POSITION OF CITY MANAGER
JANUARY 14, 1997
Former Mayor Lester Dabbs, 619 Caborca Court, suggested that Mr. Shapiro at least be
offered a consultant contract until the new Commission was seated or at most be offered a new
contract.
Former Mayor Tom Ison, 6 Delaware Street, expressed his support for Mr. Shapiro. Mr. Ben
Griffin concurred with Mr. Dabbs and Mr. Ison.
Recess 8:00 p.m. to 8:15 p.m.
Mayor Vandergrift called the meeting back to order and asked for comments from the
Commissioners.
Commissioner Johnson said he would like to extend Mr. Shapiro's contract for a year.
Commissioner Anderson stated he thought Mr. Shapiro was doing a satisfactory job but he
would follow the path laid down by the rest of the Commission.
Commissioner Glass advised that his decision regarding finding a new City Manager was not
based on personal feelings. He wanted to do what was best for the City and stated his reasoning.
He said he would recommend bringing back, in order of choice, Mr. Jeff Broughton, Mr. Jack
Howley, Mr. Shapiro, if he were interested, Mr. Dragisch, and Mr. Hutka.
Commissioner Gleason said that contrary to the opinion of many, he and Mr. Shapiro were able
to communicate and work together. He emphasized that the success of the community was a
joint effort among the public, Commission and City Manager. He stated that his objections to
retaining Mr. Shapiro were available to anyone in the Personnel Department. He said he would
not agree to an extension of Mr. Shapiro's contract but would rather desire to put a staff member
in the position of Interim City Manager. His choice for the top two candidates were Mr.
Broughton and Mr. Howley, and he proposed bringing them and their spouses back for a second
round of interviews.
Mayor Vandergrift stated his reason for running for the office of Mayor and explained why he
was in favor of seeking a new City Manager. He said he would review his notes on the
candidates and he felt that three votes in favor of a candidate should equal consensus to proceed.
Attorney Reynolds suggested that Commissioner Anderson present the candidates he was
favoring since the other Commissioners had already done so. Commissioner Anderson
concurred with Commissioner Glass.
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OCOEE CITY COMMISSION WORK SESSION
FOR DISCUSSION/SELECTION FOR
THE POSITION OF CITY MANAGER
JANUARY 14, 1997
Attorney Reynolds asked what the Commission was prepared to do when January 31, the
expiration of Mr. Shapiro's contract, arrived. He asked if the Commission was willing to ask Mr.
Shapiro if he were willing to work on some basis - either until a candidate was found or until the
new Commission was seated.
Discussion followed regarding the offering of the interim City Manager position to Mr. Shapiro.
Commissioners Glass, Johnson and Anderson concurred on their approval of such a move.
Attorney Allen asked how long the interim period would be and suggested 30 days notice or 30
days pay in lieu of notice if the agreement were terminated. Commissioner Gleason expressed
the hope that a consensus could be reached that would preclude the need for an interim City
Manager. Consensus was reached regarding the interim position and terms of cancellation as
suggested by Attorney Allen.
Recess 9:10 p.m. to 9:20 p.m. Meeting reconvened in Commission Chambers.
Mayor Vandergrift stated he had not made a decision prior to the meeting but had listed
qualifications. He named Mr. Broughton and Mr. Howley as his first two choices and listed the
reasons.
Commissioner Johnson declined to be part of the discussion.
As four out of five of the Commissioners concurred on Mr. Broughton and Mr. Howley,
Attorney Allen asked if they wanted to invite those two candidates for another interview. He
stated three out of five of the Commissioners had put Mr. Shapiro on the list as a potential new
City Manager and asked if they wanted to invite him to interview if he were interested.
Commissioners Johnson and Anderson said yes. Commissioner Glass said he was inclined to
interview the two candidates, but if the two declined to return, he would be in favor of asking
Mr. Shapiro. Commissioner Gleason concurred with Commissioner Glass. Mayor Vandergrift
said no and said he did not think it would be fair to consider an additional applicant.
Attorney Allen understood that if the two men did not wish to be interviewed further,
Mr. Shapiro would be interviewed. Commissioner Gleason said he did not have a problem with
interviewing Mr. Shapiro but felt if the process were opened, it would need to be opened to other
candidates. Commissioner Anderson stated if one of the applicants decided not to be
interviewed, he felt Mr. Shapiro should have the opportunity to be interviewed. Commissioner
3
OCOEE CITY COMMISSION WORK SESSION
FOR DISCUSSION/SELECTION FOR
THE POSITION OF CITY MANAGER
JANUARY 14, 1997
Johnson concurred but said he wanted the addresses of the finalists from Personnel to write them
as a Commissioner and let them know 30 or 40 people present at that meeting did not want them.
Mayor Vandergrift concurred with Commissioner Gleason.
Attorney Allen suggested the Commission should let Mr. Shapiro know that if he were
interested, he should so state by a date certain. Commissioner Gleason suggested Friday,
January 17, as the date certain. Consensus was for a Friday, January 17, deadline. Attorney
Allen was directed to write a letter to Mr. Shapiro so advising.
Attorney Allen asked if the selection process would be reopened if one of the top two choices
did not wish to be interviewed but Mr. Shapiro did. The consensus was no.
Mayor Vandergrift asked for a date to have the candidates and their wives come for another
interview for those candidates. Discussion followed. The workshop for the Commission to
meet with the candidates was tentatively scheduled for 4:00 to 6:00 p.m. , Friday, January
24. A reception was scheduled for 7:00 p.m. that same day in the Community Center.
Consensus was for 45-minute minimum interviews with each and for R.S.V.P. invitations to be
issued for the reception. Discussion followed regarding specifics of the reception.
Directions to Labor Attorney
Attorney Allen suggested it was premature to talk about a contract. In response to his question
regarding Mr. Shapiro's answer to whether he wished to be considered, he was advised that
answer should be directed to Personnel Director Psaledakis.
Attorney Allen recommended not offering another contract like the one Mr. Shapiro had unless
the candidate was someone the City thought it could not do without. It was a three-year, no-cut
or all-pay contract. He suggested distributing a draft contract to the Commission to review and
discuss at a later workshop. Mayor Vandergrift asked for the distribution of the draft contract.
A workshop was scheduled for Tuesday, January 28, 1997, at 7:00 p.m., with the labor
attorney, to be present to determine if there is sufficient information to decide between the
two candidates.
Personnel Director Psaledakis distributed the list of moving expenses.
Attorney Rosenthal suggested that the agenda for the January 21, 1997, City Commission
Meeting include the appointment of an interim City Manager. Consensus was to do so.
4
OCOEE CITY COMMISSION WORK SESSION
FOR DISCUSSION/SELECTION FOR
THE POSITION OF CITY MANAGER
JANUARY 14, 1997
A special session for the appointment of an interim City Manager..was scheduled for
Tuesday,January 28, 1997,following the workshop.
Attorney Allen advised he would communicate with Personnel Director Psaledakis regarding
Mr. Shapiro's wishes. Commissioner Gleason suggested that if Mr. Shapiro had no interest and
one of the candidates entered into contract negotiations, the Commission would need to appoint
an acting or interim City Manager among the staff members who had served in that capacity in
the past.
Mrs. Pat Bond felt that the Commission acted with tunnel vision regarding the issue of the City
Manager and that possibly next time there was an important matter to be discussed, there would
not be the public involvement as there was on this issue.
Commissioner Gleason responded to Mrs. Bond's comments.
•
Mrs. Betty Hager recalled a meeting in which she spoke in defense of Mr. Shapiro, and because
of what she said, Commissioner Gleason threatened to sue her for slander. She spoke in defense
of Mr. Shapiro at that time. She commented that there were people for Mr. Shapiro at this
meeting, but where were the people who were opposed to him.
Adjournment
The meeting adjourned at 10:36 p.m.
APPROVED
Attest: City of Ocoee
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
5
Agenda 10-7-97
Item III A
MINUTES OF THE OCOEE CITY COMMISSION WORKSHOP
FOR INTERVIEWS FOR THE POSITION OF CITY MANAGER
HELD JANUARY 24, 1997
Mayor Vandergrift called the Workshop for interviews for the position of City Manager to order
at 4:10 p.m. in the Commission Chambers. The roll was called and a quorum declared present.
PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass and Gleason and City Clerk
Grafton.
ABSENT: Commissioner Johnson.
INTERVIEWS FOR THE POSITION OF CITY MANAGER
Mayor Vandergrift announced that Mr. Jack Howley would give his biography first.
Mr. Howley advised he is married and has twins, age 16, in Ocala and a 20-year-old son at the
University of Wisconsin. He then gave his background and training.
Commissioner Gleason asked him to relate his management philosophy, how he would delegate and
deal with subordinates. Mr.Howley spoke about his philosophy of the role of higher level manage-
ment in city government, advising that his style was open, inclusive and team-oriented and involved
tapping the best ideas and having standing staff and ad hoc committees. He related his belief in a
strong management staff and expressed his view of department head responsibilities. He did not
characterize himself as autocratic and thought the job should be done in an expeditious manner.
Commissioner Gleason asked what he thought the employees of Marion County, Florida, or Fon
du lac,Wisconsin, where Mr. Howley was previously employed, would tell him if he asked what they
thought about Mr. Howley. Mr.Howley stated he thought they would say he had a team approach;
that he was a taskmaster with high expectations, expecting as much from employees as from himself,
which is probably too much to expect of an employee.
Commissioner Gleason stated he noted a wealth of experience in Mr. Howley's resume but wanted
to know why the job in Marion County only lasted a year. Mr. Howley explained his understanding
of the desires of Marion County, with 26 departments and five full time commissioners, regarding
community growth to go to professional management, but they could not turn the corner and proceed
in that direction. Trying to bring the city management form of government to county management
in Florida was a challenge, and it was not a good marriage.
Commissioner Glass related that the City had a history of having a fractious council and that there
were a number of citizens in support of the current City Manager. He asked Mr. Howley for
examples of similar community conflicts with which he had dealt and how he tried to address them
1
cl fs I^
OCOEE CITY COMMISSION WORKSHOP FOR J LIU L�
INTERVIEWS FOR THE POSITION OF CITY MANAGER
JANUARY 24, 1997
positively. Mr. Howley said he had not seen a similar situation, but he saw the role of the City
Manager as heading the administration and ensuring that the policy, prerogatives and desires of the
commission were carried out independent of the political issues. His opinion was that city managers
should be astute but not part of the political process, which is also part of the code of ethics for city
managers.
Commissioner Johnson arrived at 4:20 p.m.
Mayor Vandergrift asked if he had been involved in setting up a CRA, Community Redevelopment
Authority. Mr. Howley stated he had, particularly in Wisconsin and New England. There were
CRAs, also CDAs, Community Development Authorities, which are operated differently from state
to state because of statutes, and he explained the concept.
Commissioner Anderson listed the questions he had asked privately. He then related he had heard
Mr. Howley was a micro-manager and that he had a problem with the "good ol' boy network" and
refused to budge. He asked him to expound on both. Mr.Howley replied those were someone else's
comments, and he thought that person should defend what he had said. He said he had high
expectations, liking things to be done correctly, and did not picture himself as a micro-manager but
as a delegator. However, when an issue arose of high priority to the city council/commissioners, he
got involved to make sure that people did not enjoy a learning experience at the city's/county's
expense. Regarding the "good ol' boy network," he stated he would not comment. He said some
things in Marion County needed to be changed, and some things, as a matter of law or professional
ethics, needed to be done differently.
Commissioner Johnson advised he had not been involved much in the process and did not want to
interview him for the position but wanted to ask some questions. He stated for the record: "I
personally believe we have the City Manager we need for the City. That's not what we were
supposed to do, but like I said, I know it's nothing against you, but that's my, my feelings." He then
asked him what his concerns were with taking the job considering the present Commission, the
possibility of a change at the time of the election, and the possibility that the voters would have a
chance to choose a strong mayor form of government and what type of contract stipulations would
he need to be more at ease if the job were offered to him. He also wanted to know if he had been
talking to any of the Commissioners on the phone. Mr. Howley stated he had a very brief
conversation with a Commissioner. Regarding the first question, the potential lack of stability was
a concern, but in this business, people and managers change. The issue of the change in the form of
government was a concern because the city manager and strong mayor form of government are not
compatible. He stated there had been nothing to this point that would make him withdraw his
application, but it was something that had caught his attention.
2
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U Liu L1 u
OCOEE CITY COMMISSION WORKSHOP FOR
INTERVIEWS FOR THE POSITION OF CITY MANAGER
JANUARY 24, 1997
Commissioner Johnson then asked about the contract stipulations or if he wanted a contract.
Mr. Howley stated most managers have contracts, and the International. City Management
Association has a contract available to commissions since the relationship between a commission and
the city manager is different from the relationship with other employees.. He thought certain
circumstances should be special and recognized as such. He also thought employment agreements
needed severance provisions because of the nature of the business.
Commissioner Johnson asked about the circumstances surrounding the termination of his last
position and if would he have done anything differently that might have allowed him to keep the
position. Mr.Howley stated he probably could have stayed on the job in Marion County if he had
gone with the flow,but that was not the sole reason. He felt there was an implied oath of office city
managers had to the community and council to provide efficient and effective government and policy
advice. He said going contrary to that was contrary to his approach to good government. Therefore,
it was better that he move on than try to survive at the expense of the community. He said some
things could have been done differently but he chose not to do them and would do the same thing
again. He also spoke about his leaving Fon du lac and gave reasons for leaving other positions.
Commissioner Anderson advised that the citizens were demanding that the City roll back the millage
tax to the 1995 rate and asked what steps Mr. Howley would take to balance the budget with a 9%
reduction in funds. Mr.Howley stated there were ways to balance the budget in the next fiscal year,
but the issue would be a long range economic plan, which would provide for economic development
and increasing the tax base so that, hopefully, tax revenue could be decreased through any of the
economic development approaches. He said it would be difficult to address in the next few months,
which was involved in next year's budget. He thought there were many examples around the country
of privatization and government competition, allowing the private sector to bid for government
services and letting the city departments bid against those. He said he thought that approach forced
the city to look at the way things are done.
Mayor Vandergrift asked what role Mr. Howley had in the All American City designation in Marion
County, and did TQM pay or cost. Mr. Howley advised the designation of All American City was
made the year before he arrived, but he participated in the celebration. He said he thought the
community could gain from TQM if it were done properly. The gains could be higher quality services
at better cost and higher employee morale.
Commissioner Glass asked Mr. Howley to describe his negotiation style when dealing with
developers, both residential and industrial, and asked who would be on his team and what roles they
would play. Mr.Howley stated the successful and quantum steps in economic development happen
because the community happens to be in the right place at the right time with government helping
it happen. For development teams, he usually had standing teams of department heads to look at the
3
UJJJUL i �
OCOEE CITY COMMISSION WORKSHOP FOR
INTERVIEWS FOR THE POSITION OF CITY MANAGER
JANUARY 24, 1997
project with a staff person as liaison. He felt that part of the team effort was creating the attitude of
making it happen and making sure the community was supportive of growth.
Commissioner Glass asked Mr.Howley if his style of negotiation was different dealing with another
local government such as Orange County regarding fire coverage areas, reimbursement or
annexations, as opposed to a developer or industry. Mr. Howley stated he felt the strategy was a
little different in dealing with government. He thought it was important to have rapport between the
chief administrators and try to work with a team approach. He felt there would be times when it
would be necessary to be more assertive and take things to the media and not deal the way with
government the same as with a private developer. Those are not all the answers, but it is different,
qualitatively different.
Commissioner Gleason said he had a brief conversation with Mr. Howley the morning following the
workshop, and he wanted to indicate to Mr. Howley that there was a group of citizens there who
were angry and a little militant toward their continuing the process. He felt that in order for the
interviews to be successful the candidates had the right to know the environment they were entering
in order to make the decision on whether to come, knowing exactly what they were walking into,
particularly since there were some comments made that they were going to be contacted and notified
that they were not welcome in the community.
He then asked Mr. Howley what he considered to be his strongest asset and the thing for which he
receives the most criticism. Mr. Howley stated his strongest asset was his understanding and
commitment to government, public involvement, and keeping the staff focused. His weakness would
be trying to balance home life and work or expecting as much from the employees as from himself
Mr.Howley expressed his appreciation for the time and said he could appreciate some of the issues
in the City. Mayor Vandergrift thanked him and his wife for their time.
Mayor Vandergrift asked Mr. Jeffrey Broughton for his biography. Mr. Broughton stated his wife
is Regina. They have been married 18 years and have three children, a son, age 16, a daughter, age
14, and a son, age 11. He gave a history of his education and work. A change in the council after
an election in Oak Ridge, Tennessee, a year and a half before resulted in a request for a new city
manager. He went to work for an engineering company, realized he is a city manager and started
the process of finding a new city.
Commissioner Johnson advised Mr. Broughton that at least two members of the Commission
favored the rehiring of the current City Manager, and in about four weeks, the election was going to
change at least two, possibly four, commission seats. A question could go to the voters from the
Charter Review Commission regarding a change from city manager to a strong mayor form of
4
II 7 lf] Ii.
OCOEE CITY COMMISSION WORKSHOP FOR U -Lt b J
INTERVIEWS FOR THE POSITION OF CITY MANAGER
JANUARY 24, 1997
government. He asked if he had trouble with that. Mr. Broughton said if he were the number one
candidate looking at the possibility of a charter change, protections would have to be considered and
discussed in an employment agreement. He said he was still interested in the position.
Commissioner Johnson asked Mr. Broughton if he would need stipulations in his contract in the
event he was suddenly asked to leave. Mr.Broughton said that happened to him and he would not
be willing to move 500 miles without consideration of some protections with respect to separation.
Commissioner Johnson stated there were concerned citizens who were for Ellis Shapiro, not against
Mr. Broughton, but they were not militant; they were citizens and business people of the town
speaking out. Mr. Johnson said he read where Mr. Broughton had gotten the bond rating of Oak
Ridge up to AA and asked if he had a lot of experience with that. Mr. Broughton said the city was
very active in the bond market because the community had failed to maintain its infrastructure and
had reached the point where it was growing. The city put together a ten-year financial plan and sold
the rating agencies on the fact that they knew they were charting their own destiny by being proactive
financially. The rating went from an A to an A+to AA.
Commissioner Anderson stated he wanted the record to show he asked Mr. Broughton the same
ten questions he asked Mr. Howley and restated two questions he had asked Mr. Broughton.
Mr. Anderson stated the feedback he was getting from Oak Ridge and from Ocoee was that
Mr. Broughton was self-important and asked how he would overcome this perception of him. If self-
importance were one of his traits, how was he going to interact with staff since this can be
intimidating. Mr.Broughton said he felt the majority of the city employees in Oak Ridge would give
positive comments, and he expounded on the reasons. He stated he worked very hard to build a
team and did not allow dissention to be aired publicly among senior staff. Internal differences of
opinion were respected and understood, but once decisions were made, they marched together as a
staff. Regarding self-importance, he said the best impression is made by being open and
communicative. He stated his interactions were very courteous and respectful. He maintained an
open door policy in Oak Ridge and would follow it in Ocoee. He also stated he would get out into
the community, especially to sports events with his school-age children.
Mayor Vandergrift asked what role he played in the Tree City, USA designation for Oak Ridge, the
establishment of a youth advisory board and a home bound library program, and the construction of
an outdoor performing arts pavilion. Mr.Broughton commented on everything but the home bound
library program, stating his goal was finding the best people and putting them in leadership roles,
letting them use their talents to make the organization better, giving credit where credit is due.
Commissioner Glass asked Mr.Broughton to describe his negotiating style and strategies in dealing
with developers or industry thinking about coming to Ocoee, including who would be on his team
5
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OCOEE CITY COMMISSION WORKSHOP FOR
INTERVIEWS FOR THE POSITION OF CITY MANAGER
JANUARY 24, 1997
and what roles they would play. Mr. Broughton stated he would involve the senior players -
utilities, public works,planning, code enforcement, the staff attorney, etc. Regarding style, he stated
he would have to understand how badly the project was desired and what was expected as defined
by the council and regulatory controls and work with the developers with the least amount of give
on the side of the city.
Commissioner Gleason asked how he and the staff would handle an issue that was presented to the
commission but the commission took a different position from what was recommended.
Mr. Broughton said they would regroup and move forward as if the decision had been theirs. He
said the commission should always have sufficient data from staff to make an informed decision.
Commissioner Gleason asked what he considered to be his greatest asset and what he considered
his weakness or what would generate the most criticism of him. Mr. Broughton stated he believed
his greatest asset was being able to have a big picture outlook on government and the community and
being able to identify long-term issues and start moving the council and the community in the
direction that leads. He believed his weakness was having high expectations of performance from
staff because he liked to surround himself with the best people possible.
Commissioner Glass asked how his negotiation style was different when dealing with different
governments, including the county, from dealing with developers or industry. Mr. Broughton
stated he thought his style was one of trying to work with others rather than going over or through
them. The goal was not to form an adversary but to keep relations on a professional, friendly basis.
Mayor Vandergrift asked how he felt about TQM and empowering the employees. Mr. Broughton
said he believed in giving the authority to the people doing the work, which meant pushing decision-
making down as low as possible, and he believed very strongly in the philosophy behind TQM.
Commissioner Anderson stated the citizens were asking for a rollback to the 1995 millage rate and
asked how Mr. Broughton would balance the budget with a 9% reduction in funds. Mr. Broughton
stated he could not answer that question. He said a 9% reduction in the general fund would mean
people.
Commissioner Anderson advised that all the employees have a one-year probationary period and
asked if he would agree to that in his contract and asked if the City Manager should have special
perquisites in his retirements, health benefits and leave accrual. Mr. Broughton stated the
negotiation of an employment agreement involved give and take. There would be important things
to both sides and a middle ground. He stated a manager should not come in expecting benefits that
are not the norm in the profession or in the community but should stay within the parameters of what
was considered reasonable by the average citizen.
6
OCOEE CITY COMMISSION WORKSHOP FOR C �� �� LL-A
`• J
INTERVIEWS FOR THE POSITION OF CITY MANAGER
JANUARY 24, 1997
Commissioner Gleason asked if the roles were reversed what would he be looking for in a person
to be hired for city manager. Mr. Broughton stated he would be looking for a competent person
with whom they would feel comfortable and who would stay at least five years.
Commissioner Gleason then asked why the Commission should consider him to be the primary
candidate. Mr. Broughton stated he had a track record of staying and had a goal of staying at his
next job at least six years.
Commissioner Glass asked if there was anything in his background that would embarrass the City.
Mr. Broughton said there were no skeletons in his closet. Because of the security nature of Oak
Ridge, he was cleared by the Department of Energy. The FBI did the clearance check and gave him
a Q clearance, the highest clearance. Mr. Glass then asked if an ethics complaint had ever been filed
against him. Mr. Broughton replied no.
Mayor Vandergrift stated he noted on his resume that Mr. Broughton was very involved in the
community. He asked what role the city manager could play in the community with a part time
mayor,who to some degree is the spokesman for the City. Mr. Broughton said the role of the city
manager in the community was determined to some degree by the council, but he felt that the greater
the interaction of the city manager with the citizens, the greater the comfort zone became regarding
the feelings of the city toward the manager in the area of competence. Regarding interaction with
the mayor and the commission, the city manager did not want to be seen as giving preferential
treatment. His policy was that if one commissioner asked for information,.a memo giving that
information was sent to all members of the commission.
Commissioner Anderson asked what steps he would take to reduce taxes without cutting city jobs
or consolidating departments. Mr.Broughton said it is the responsibility of the city manager to run
the city as effectively as possible. He said his goal would be to decrease taxes and improve services,
which is probably unrealistic.
Mayor Vandergrift thanked Mr. Broughton for coming and the audience for their interest.
Mr. Broughton expressed his appreciation for the opportunity to return.
Adjournment
The meeting adjourned at 5:50 p.m.
7
OCOEE CITY COMMISSION WORKSHOP FOR
-q
INTERVIEWS FOR THE POSITION OF CITY MANAGER
JANUARY 24, 1997
APPROVED
Attest: City of Ocoee
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
8
Agenda 10-7-97
Eu1 1 Item III A
MINUTES OF THE OCOEE CITY COMMISSION WORKSHOP
HELD FEBRUARY 7, 1997
Mayor Vandergrift called the Workshop to order at 6:00 p.m. in the Commission Chambers
conference room. The roll was called and a quorum declared present.
PRESENT: Mayor Vandergrift, Commissioners Glass and Johnson. Commissioner Gleason
was in St. Petersburg, and Commissioner Anderson was in Detroit.
Communication with them was via conference call. Also present were City
Attorney Rosenthal, Labor Attorneys Reynolds Allen and Tom Brice, Personnel
Director Psaledakis and City Clerk Grafton.
ABSENT: None.
Discussion/Action Re: City Manager Contract Negotiations
City Clerk Grafton read the faxes she had received from Commissioner Anderson on February
6 at 1:47 p.m. and 6:20 p.m.
Labor Attorney Allen reviewed the faxes received from Mr. Broughton in response to his
messages.
Areas of discussion were car allowance, available date, moving expenses, disability and life
insurance, salary, severance, length of contract, interim housing, leave,retirement,relocation.
Consensus to set car allowance at$450.
Consensus to set March 10, 1997, as first date available.
Consensus to allow$6,000 for moving expenses upon presentation of invoices.
Consensus to allow same disability and life insurance as for Mr. Shapiro.
Consensus to offer$75,000.
Consensus for six-month severance provision diminishing after six-month term of employment
had passed.
Consensus to offer a one-year contract with automatic renewal.
Consensus not to pay interim housing.
Consensus to offer leave as set for other employees.
Consensus to offer 10% of salary for retirement up to $7,500 to ICMA and waiver of City
pension.
u
OCOEE CITY COMMISSION WORKSHOP
FEBRUARY 7, 1997
Consensus on paying 100% of medical insurance for employee; 75% for dependents. COBRA
choice left with employee.
Adjournment
The meeting adjourned at 7:25 p.m.
APPROVED
Attest: City of Ocoee
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
2
Agenda 1U-7-9
Item III A
D T1 7
MINUTES OF THE OCOEE CITY COMMISSION WORK SESSION/
POSITION OF CITY MANAGER
HELD APRIL 8, 1997
Mayor Vandergrift called the Work Session to order at 6:05 p.m. in the Commission Chambers
conference room. The roll was called and a quorum declared present.
PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass, Howell and Parker. Also
present Labor Attorney Reynolds Allen, City Attorney Rosenthal, Personnel
Director Psaledakis and City Deputy Clerk Green.
ABSENT: None.
Discussion for the Position of City Manager
Labor Attorney Reynolds Allen told the Commission what had transpired following
Mr. Broughton's rejection of the City's last employment offer and Mr. Allen's notification that a
work session was being scheduled to discuss Mr. Broughton's proposal and Mr. Allen's follow-
up. Mr. Allen said if a majority of the Commission did not want to consider Mr. Broughton
regardless, based upon their opinions before and/or at that time because of the document that was
there,they should so indicate and not go through the details. Consensus was to proceed.
A lengthy discussion followed regarding the differences in the City's offer and Mr. Broughton's
proposal.
Mr. Allen asked if they wanted to continue the process, subject to the interview and a majority
agreement of the Commission. Consensus was to proceed.
Comments were heard from Ocoee residents -Mr. Lester Dabbs,Mr. Jim Gleason, Mrs. Betty
Hager,Mr. Rusty Johnson and Mr. Jim Sills.
Mr. Allen said he would tell Mr. Broughton consensus was 3-2 to have him come for an
interview. If the interview went well and everyone agreed to contract language, the City still
would not offer him the job but would keep him on a list. There was a possibility someone else
would be hired.
Consensus was to have Mr. Allen call Mr. Broughton and offer him an$80,000 salary, $6,000 in
living expenses, a two-year contract and a six-month severance provision.
Break 7:55 p.m.to 9:03 p.m.
Mayor Vandergrift called the meeting back to order in the Commission Chambers.
Mr. Allen reported on his conversation with Mr. Broughton, who said he wanted to come the
next day to meet with the Commission in the evening.
LL-1) TY
OCOEE CITY COMMISSION WORK SESSION/
POSITION OF CITY MANAGER
APRIL 8, 1997
Ms. Psaledakis clarified the issue of leave the first year. Mr. Broughton was requesting 22 days
credited leave with an additional 22 days to be earned the first year.
Consensus was to let Mr. Broughton meet with Mr. Allen and Ms. Psaledakis on the afternoon of
April 9, 1997.
Discussion followed regarding scheduled discussion between Mr. Broughton and Mr. Allen and
Ms. Psaledakis.
Mayor Vandergrift suggested that Commissioners Parker and Howell be given the same
opportunity for one-on-one interviews that the other Commission members had before the
election. Commissioners Parker and Howell advised that waiting until the meeting was
satisfactory to them. Discussion followed.
Consensus was reached to allow Ms. Psaledakis, at her request, to excuse herself from meeting
with Mr. Broughton and Mr. Allen on the afternoon of April 9, 1997.
Adjournment
The meeting adjourned at 9:38 p.m.
APPROVED
Attest: City of Ocoee
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
2
Agenda 10-7-97
Rpm III A
,73 �
MINUTES OF THE OCOEE CITY COMMISSION WORK SESSION
HELD APRIL 9, 1997
CALL TO ORDER
Mayor Vandergrift called the work session to order at 6:15 p.m. in the Commission Chambers.
The roll was called and a quorum was determined to be present.
PRESENT: Mayor Vandergrift, Commissioners Anderson, (arrived at 6:18 p.m.),
Glass, Howell and Parker. Also present were City Attorney Rosenthal, Labor
Attorney Allen, Personnel Director Psaledakis, City Manager Candidate
Broughton and Deputy Clerk Green.
ABSENT: None.
DISCUSSION RE: THE POSITION OF CITY MANAGER.
Mayor Vandergrift explained the reason for this meeting was to give new Commissioners
Howell and Parker an opportunity to ask City Manager Candidate Broughton questions in order
to better acquaint themselves with him. Those questions were as follows, with Mr. Broughton's
responses underlined:
Commissioner Howell:
• Asked Mr. Broughton why he had not sent a contract for Commission's review upon hearing
the City of Ocoee was interested in negotiating with him. City Manager Candidate
Broughton said he followed the judgment of his attorney.
Commissioner Parker:
• Asked what his attitude would be toward present staff if he were hired. Mr. Broughton said
he has trust in the staff that is in place until by their actions give him a reason to distrust
them.
Commissioner Glass:
• Was interested in what Mr. Broughton had to say of his inclusion of being able to fire
department heads as he saw fit. Mr. Broughton said that upon researching ordinances and
statutes, it was common for the City Manager to have the authority to hire and fire at his own
discretion.
Commissioner Anderson:
• Upon reviewing Mr. Broughton's contract, noticed two items which concerned him. The
items were: 1) not wanting to list certain conventions or organizations, and 2) use of the term
"Best of my ability."
Mr. Broughton's response:
1. Mr. Allen's document had included specific organizations and he felt that over time they
could change and should not be in the document.
2. Travel and training conventions are limited by budget and personnel regulations.
L ,_,
City Commission Work Session J
April 9, 1997
3. "Best of my ability" language; if a professional is hired to manage and lead an
organization,the person would be expected to do their job to the best of their ability.
Mayor Vandergrift:
• Quoted a passage from Mr. Broughton's resume about integrity in city government and asked
him to elaborate. Mr. Broughton said he would operate in a fashion that would be a great
benefit to this community, always.
Commissioner Howell:
• Asked why he felt he should be entitled to 22 days leave time before he even started the job.
Mr. Broughton replied that Commission should take into consideration his experience in
government, and the value he could bring to the City. He felt he should not have to start as a
regular employee would, with no experience whatsoever, and have to wait a year before
receiving his 22days.
• Asked if Commission were to agree to his 22 days leave time, shouldn't those who have been
here running the City receive the same? Mr. Broughton said no, because the system
adopted by the City works. He felt,however, that if he were hired, would look to change the
system for those in management. Commissioner. Howell said that, regardless of past
experience, he did not believe anyone was entitled to 22 days before starting a job.
Commissioner Parker:
• Said the present City Manager had been in the City a long time and has ties to the
community, and asked what he would do to gain ties to the community as the previous city
manager had. Mr. Broughton said he would attend all civic organizations and speaking
engagements; has three children involved in school activities and likes to participate as a
family. Another thing is to hold listening sessions, twice a year, where citizens could ask
senior staff members questions; and they could address their needs.
Commissioner Glass:
• Quoting a letter from Nick Pagano, a citizen, asked; "if he was so good, why hadn't he been
hired yet"? Mr. Broughton replied that some reasons included having good chemistry with
council; whether he wanted to live in the town; and whether council felt his way of running a
city met with the needs of the community.
Mayor Vandergrift:
• Asked Mr. Broughton why he left the last City he managed. Mr. Broughton replied that he
had separated involuntarily. The city had an election where all incumbents lost. There was a
new council that decided to make a change and move in a different direction.
Commissioner Anderson:
• Asked why he would want to come to a city where the Commission has voted 3-2 in favor of
hiring a new manager. Mr. Broughton said he felt this City would be good to raise his
family and would be good for him,professionally.
2
City Commission Work Session (;
April 9, 1997
• Asked when his last day of employment was as City Manager. Mr. Broughton replied
September 5, 1995.
• Asked why he thought Commission should consider hiring someone who had not been a City
Manager since September of 1995. Mr. Broughton said because he is skilled, competent
and hard working.
Mayor Vandergrift:
• Asked how close his management style compared to the TQM (Total Quality Management)
style that everybody seemed to be wanting to go to. Mr. Broughton said making an
organization as effective as possible is simply done by utilizing your greatest resource; and
that is your staff.
Commissioner Howell:
• Said the reason the current City Manager was not being retained was because he could not
get along with the Mayor. Asked what he would do differently to get along with the Mayor
and others. Mr. Broughton replied that, as for getting along with the Mayor and
Commissioners, he would treat them with respect, trust and communication.
• Asked why the City should pay for the first four months of housing. Mr. Broughton said his
children needed to finish school.
• Said$4000 for moving expenses seemed reasonable; but that his estimate of$5,600 seemed a
little high. Mr. Broughton said the lowest estimate he had received was $5,600. Any
difference would be used to visit his family since they would not be moving with him right
away.
• Asked that Mr. Broughton explain what he meant by "the right to make passive investments;
participating in charitable services and trade and professional organizations." Mr.
Broughton responded:
1. Passive Investment is his ability to purchase stocks and mutual funds
2. Charitable organizations and professional organizations means he is allowed to
participate in community organization like the Boy Scouts or the United Way etc.
RECESS - 7:18 p.m. - 7:40 p.m.
Commissioner Howell:
• Asked how he would handle not being able to work with any one Commissioner. Mr.
Broughton replied that it would not be for lack of trying on his part, because everyone would
be provided with the same information.
• Asked if he had a chance to research the City of Ocoee. Mr. Broughton said he had not as
of yet, but had toured the town with some members from staff.
Commissioner Anderson:
• Asked how many interviews he had had with other cities. Mr. Broughton replied, several.
• Asked for reason why he wouldn't give a number. Mr. Broughton replied that it was his
business.
3
City Commission Work Session D
April 9, 1997
• Asked if he would still be willing to work for the City if the City changed to a Strong Mayor
Form of Government. Mr. Broughton replied that he would not.
• Asked if people perceived him as being arrogant. Mr. Broughton said he could not answer
that.
• Asked about the 45 minute recess that had been taken the night before so he could ask his
attorney four questions. Why 45 minutes for four questions? Mr. Broughton said because
he had spoken to his attorney about several different issues.
DIRECTIONS TO STAFF.
After lengthy discussion, Commission reached consensus to continue negotiating with City
Manager Candidate Broughton.
ADJOURNMENT
The Work Session adjourned at 8:20 p.m.
Attest: APPROVED:
City of Ocoee
Marian Green, Deputy City Clerk S. Scott Vandergrift, Mayor
4
Agenda 10-7-97
• Item III A
MINUTES OF THE OCOEE CITY COMMISSION WORK SESSION
HELD APRIL 15, 1997
Mayor Vandergrift called the Work Session to order at 6:18 p.m. in the Commission Chambers.
The roll was called and a quorum,declared present.
PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass, Howell and Parker. Also
present were Labor Attorney Reynolds Allen, Personnel Director Psaledakis and
City Deputy Clerk Green.
ABSENT: None.
Discussion Re: Employment Agreement with Jeffrey Broughton
Attorney Reynolds Allen referred to a copy of an August 14 letter sent to Personnel Director
Psaledakis and a Draft Employment Agreement. He stated this was the result of Mr. Broughton's
completing the process that was started at the previous.meeting. It was the proposal with
Mr. Broughton's additions and deletions, which were highlighted. Mr. Allen hyphenated out
what Mr. Broughton wanted deleted and underlined what he wanted added. Mr. Allen made a
few minor additions that were in all capital letters: He had spoken with Mr. Broughton that day
and had not done any bargaining but had given him the opportunity to make changes. He said
Mr. Broughton asked about the provision that the Mayor or his designee would be the person to
coordinate any leave time. He felt that was unusual and was too much involvement in something
that seemed to be minor. Mr. Allen explained to him the reasoning, and he understood. He
asked if it were Mr. Broughton's final position, and he said to tell them it was what he wanted;
however, if it was not what the Commission wanted to do, they should put down what they
wanted to do, change it any way they wanted, give it to him, and let him respond. He said he
could give an answer within one week.
Mayor Vandergrift stated he received a call from a reporter in Henderson, Kentucky, where
Mr. Broughton was negotiating for the position of City Manager. He stated their negotiations
were at least a week away from completion, and she wanted to know where the City was in its
negotiations. That call prompted him to call Mr. Allen to see if the process could be finished at
this meeting.
Regarding the term (page 2 of the letter) there was a tentative agreement for a two-year contract
subject to severance provisions, the right to terminate at will with a provision for no severance at
the end of the two-year contract. Mr. Broughton wanted at least six months' notice in lieu of
severance pay if the contract were not going to be renewed.
Commissioners Parker and Glass stated they had no problem with that provision;
Commissioners Anderson and Howell stated they did.
Mr. Broughton wanted his performance review done by the Commission, not by a committee
appointed by the Commission. Mr. Broughton suggested striking the language involving
identification of area of concern/expectation. In the past, each Commissioner had done an
evaluation of the City Manager and then discussed it with him as individuals.
Lvi
T 1[
Mr. Allen advised that page 2, Paragraph 3A, second line should read "biweekly" instead of
"bimonthly."
Commissioner Anderson was concerned about the need to notify regarding nonrenewal of the
contract. Lack of notification within 180 days would result in an automatic one-year renewal.
He suggested a two-year contract without an automatic renewal. Mayor Vandergrift advised
that there was a six-month clause in the contract with Mr. Shapiro. Consensus was to include the
six-month clause.
Proposed Contract:
Section 3. Compensation and Benefits.
Section 3. A. Correct wording from"bimonthly"to "biweekly".
Section 3. B: Job performance evaluation by Commission and not by a committee. The
performance evaluation is to be completed within 90 days of the employee's anniversary date.
Section 3. C: Mr. Allen advised he had added "increases" instead of "changes." Personnel
Director Psaledakis said she understood Mr. Broughton's Paragraph C to mean that there was
going to be an assumption that there would be an increase in the base salary. Mr. Allen stated he
did not believe the pay could be cut under Mr. Broughton's proposal or with the word
"increases." Ms. Psaledakis advised there were salary reductions mid-year 1993 due to budget
considerations and asked if the language as proposed would prohibit a cut in the City Manager's
salary. Mr. Allen recommended this paragraph be left as changed by him. Consensus was to
leave 3.0 as written with the word "increases employee salary."
Section 4. Fringe Benefits
Section 4. A. (2).
Mr. Allen had added this paragraph, but Mr. Broughton had lined through it. Ms. Psaledakis
explained how Mr. Broughton's earned hours would accumulate so that he would reach the 360
hours personal leave earlier than the other employees. Mr. Allen said he understood Mr.
Broughton would be over the bank at the end of the second year. New employees cannot take
earned personal leave for the first six months of employment. Mr. Allen pointed out that Mr.
Broughton would not be "probationary" the first 6 months since he would be probationary the
length of his employment. He felt that advancing Mr. Broughton 22 days up front would be a
concession on the part of the Commission. He did not see any justification from an employee
morale point of view or any other point of view to do what Mr. Broughton was asking.
Commissioners Parker, Howell, and Anderson were in favor of giving 22 days up front but not
allowing any accrual in the first year. Commissioner Glass stated he would give him 10 days
and would not give him 22 days. Consensus was to give 22 days up front.
2
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OCOEE CITY COMMISSION WORK SESSION
HELD APRIL 15, 1997
Commissioner Howell asked how long the Commission intended to negotiate the contract with
Mr. Broughton. He felt Mr. Broughton was continuing the discussions in anticipation of getting
the better of two offers.
Section 4.A. (3) Consensus to leave as written.
Section 4.A. (4) Consensus to leave as written with scrivener correction. (Personally leave)
Section 4.B. (2) Consensus to change wording from three years old to four years old, vehicle to
be large enough to transport people comfortably.
Section 4. C. Scrivener corrections to delete"except(a)"and"and(b)"
Section 4. D. Dues and Subscriptions. Copies of the current dues and subscriptions were
provided by Finance Director Horton. Ms. Psaledakis said she had never seen the list spelled
out. Consensus was for language agreeing to budget and pay for no less than $1000 a year in
dues and subscriptions. Anything more than that would require a supplemental budget request.
Section 4. E. (1) (2) (3) Conventions. Consensus to leave as proposed by Mr. Allen.
Section 4. F. Deferred Compensation. Consensus to leave as corrected by Mr. Broughton, as it
conforms to current practice.
Section 6. Moving and Relocation Expenses.
Section 6. B Mr. Broughton had proposed a new B. providing $700 interim housing supplement.
Consensus to limit moving expenses to $6,000 (6.A.) and not allow $700 a month supplemental
housing allowance.
Section 6. 14 C. Consensus to change wording from "before February 14, 1998" to "within 12
months."
Section 8. Resignation and Termination
Section 8. B. 2. (b) Consensus to change wording to indicate the City would pay the medical
premium provided he elected COBRA benefits and that the City would pay the attributable
portion of the life insurance but could carry him.
Section 8. B. 2. (e) Consensus to change wording from three to six months.
3
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OCOEE CITY COMMISSION WORK SESSION
HELD APRIL 15, 1997
Section 8. B. 2. (i) Consensus to leave as written by Mr. Allen.
Section 10. Miscellaneous.
Section 10. B. Consensus to leave as written.
Section 10. I. Consensus to delete.
Section 11. Additional Provisions.
Section 11. A. B. Consensus to add.
Commissioner Howell asked why a week was needed for Mr. Broughton to make his decision,
and Commissioner Glass advised a week was reasonable. Mr. Allen stated he would prepare a
final copy the next day and fax it to all the Commissioners.
Consensus was to make this the final offer to Mr. Broughton.
Adjournment
The meeting adjourned at 7:50 p.m.
APPROVED
Attest: City of Ocoee
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
4
Agenda 10-7-97
Item III A
im
MINUTES OF THE OCOEE CITY COMMISSION SPECIAL SESSION
HELD JANUARY 18, 1996
CALL TO ORDER
Mayor Vandergrift called the Special Session to order at 11:00 p.m. in the Commission
Chamber. The roll was called and a quorum was determined to be present.
PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass Gleason, and Johnson. Also
present were City Manager Shapiro and City Clerk Grafton.
ABSENT: None.
Mayor Vandergrift seconded by Commissioner Gleason, moved to suspend City Manager
Shapiro for 45 days per City Charter and call for an audit of the credit card funds and travel
expenses for a period of 5 years. (No vote was taken.)
Commissioner Gleason seconded the motion for point of discussion and said that a suspension
would not be fair to the City because it would just prolong the decision Commission has to make.
City Attorney Rosenthal said the Director of Administrative Services should be the one to
contact the City Auditor and bring the report back to the City Commission.
Commissioner Glass, seconded by Commissioner Gleason, moved to strike "suspension" from
the original motion and to have the Director of Administrative Services contact the City Auditors
and bring a proposal back to the next City Commission meeting to conduct an audit of the City
Manager's credit card and travel expenses for the last five years. Motion carried 5-0.
Mayor Vandergrift asked that a policy of reporting expenditures exceeding $500 to
Commission be added to the next agenda.
ADJOURNMENT
Commissioner Johnson, seconded by Commissioner Anderson, moved to adjourn the Special
Session at 11:20 p.m. Motion carried 5-0.
Attest: APPROVED:
City of Ocoee
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
Agenda 10-7-97
ITItem III A
_ I
MINUTES OF THE OCOEE CITY COMMISSION
SPECIAL SESSION PUBLIC HEARING
FOR APPOINTMENT OF INTERIM CITY MANAGER AND
SELECTION OF CITY MANAGER
HELD JANUARY 28, 1997
Mayor Vandergrift called the Special Session for public hearing for appointment of Interim
City Manager and selection of City Manager to order at 7:05 p.m. in the Community Center and
announced there was no amplification in the room - the microphones were for recording. The
roll was called and a quorum declared present.
PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass, Gleason and Johnson, City
Attorney Rosenthal, Attorney W. Reynolds Allen, Personnel Director Psaledakis,
City Manager Shapiro, and City Clerk Grafton.
ABSENT: None.
APPOINTMENT OF INTERIM CITY MANAGER
Attorney Allen referred to his letter of January 15, 1997, advising that Mr. Shapiro indicated an
interest in consideration for the position of City Manager. Mr. Allen spoke with him at length
and subsequently drafted a document regarding possible employment as Interim City Manager.
He then drafted and sent a document to each of the commissioners on January 27. He and
Attorney Rosenthal had discussed the applicability of the City Personnel Rules and Regulations
in Section 1 to exempted positions, one of which is the City Manager, and the rules and
regulations do not apply. He said it is Attorney Rosenthal's opinion that because the position is
that of an interim city manager and not an acting city manager, the Personnel Rules and
Regulations do not apply. Therefore, the document, as written in Paragraph 6, does not have any
reference to the Personnel Rules and Regulations. Sections 15 and 16 of the Personnel Rules and
Regulations which deal with discipline and grievance procedure do not apply and do not apply to
the employment of Ellis Shapiro as the interim city manager. The draft agreement is to serve at
will,terminable by either party, with no rights of appeal.
Mr. Rosenthal stated the Charter addresses a City Manager and an acting City Manager. He
gave the description of each and said to avoid any confusion with that position in the Charter, it
was his recommendation that the temporary appointment be called an Interim City Manager.
The employment agreement provides that from a role and functions standpoint the Interim City
Manager is performing all the functions and duties under the charter of the City Manager and has
all the powers and is subject to all the policies and procedures to which the City Manager would
be subject. The Personnel Rules adopted by ordinance of the City Commission expressly
provide that the City Manager is an exempt position not subject to those Personnel Rules and
Regulations. If that is something the City Commission wants to change, it would be need to be
addressed in an ordinance amending the Personnel Rules and Regulations, which would be
within the prerogative of the Commission.
ill 111
OCOEE CITY COMMISSION SPECIAL SESSION PUBLIC HEARING
FOR APPOINTMENT OF INTERIM CITY MANAGER AND
SELECTION OF CITY MANAGER
JANUARY 28, 1997 .
Mr. Allen.stated the Commission might want to add to Paragraph 6 a subparagraph E that reads:
It is understood and agreed that the Personnel Rules and Regulations of the City of Ocoee,
including Sections 15 and 16, shall not apply to the employee. He then asked for questions. He
said he had discussed this particular issue with Mr. Shapiro.
Mayor Vandergrift referred to page 2, paragraph 7 regarding the request by Mr. Shapiro that he
be enrolled in the International City Manager Association ICMA Retirement Plan in lieu of the
City retirement plan and that the City make an annual contribution to said ICMA Retirement
Plan equal to 11% of the earnings received by the employee from the City under this agreement.
Mr. Vandergrift stated it clearly needed to say prorated instead of annual. Mr. Allen stated the
contract for Mr. Shapiro due to expire states a payment of 11% of his annual earnings would be
paid. Mr. Allen changed it to 11% of whatever he earns under this agreement. His opinion was
that the language prorates it and that annual means the payment is made once a year with no
stipulation as to time of year.
Mayor Vandergrift referred to page 3, item 3a. He felt there should be a stipulation that
Mr. Shapiro could continue to search for a job.
Mr. Gleason indicated the job search was not made part of any other agreement. Mr. Shapiro
has and has had from the Commission standing authorization to seek employment with no
retribution or ill effects.
Mayor Vandergrift referred to Page 4, C regarding the City Manager's cooperation with any
party, person or entity having a claim against the City, its agents, officers or employees. Mr.
Allen stated that meant the City would not want the City Manager to cooperate with anyone that
is suing the City, unless he is subpoenaed, without the permission of the City. Mr. Rosenthal
advised that this provision was not in Mr. Shapiro's contract but was in the new proposed City
Manager Contract.
Mayor Vandergrift stated he would like for the City Commission to be notified if there are any
lawsuits pending. Mr. Allen stated in the rough draft of the provision dealing with employment
duties, the City Manager is required to keep the City Commission advised of all claims of any
kind. .
Mayor Vandergrift asked about page 5, A & B, Notification of Employee and the City. He
asked if hand delivery on the job would be sufficient without a certified mailing. Mr. Allen said
that probably would be fine, but he was trying to make it easy on the City by sending it to the
address in the personnel file.
2
OCOEE CITY COMMISSION SPECIAL SESSION PUBLIC HEARING
FOR APPOINTMENT OF INTERIM CITY MANAGER AND
SELECTION OF CITY MANAGER
JANUARY 28, 1997
Mayor Vandergrift spoke about the pending election with the seating,of a "new" Commission.
He said anything done,by this Commission could be undone by the next one. Commissioner
Gleason stated that is politics. Any Commission could reverse any decision from a previous
Commission.
Mayor Vandergrift referred to Item 4B 1: Employee shall be deeded a 1993 Ford automobile.
Item 4C1: Basis of employment. Mr. Shapiro will get a 30-day severance pay if he decides to
accept this, which amounts to over $14,000 cost to the City. He did not think it was a wise
expenditure of City funds.
Commissioner Gleason stated he made the recommendation. He said he thought it was a
minimal gesture on the part of the Commission to allow him to keep the car, which is paid for
and has minimal value to the City, and one month's severance is minimal just compensation to
allow him, if there is a change, to go through transition in terms of his serving the City for seven
years. Commissioner Gleason made a motion to accept the Interim City Manager Agreement
as proposed. Mr. Allen stated there should be a change in Paragraph 2C on page 3 to read B7
instead of B8; and that a paragraph 6E be added to read: It is understood and agreed that the
Personnel Rules and Regulations to the City of Ocoee, including Sections 15 and 16 do not apply
to employee. Commissioner Gleason, seconded by Commissioner Anderson, moved to accept
the Interim City Manager Agreement as modified. Motion carried 4-1, with Mayor Vandergrift
voting no.
Mr. Shapiro accepted the job as Interim City Manager.
SELECTION OF CITY MANAGER
Mayor Vandergrift opened discussion. Commissioner Anderson felt there should be
investigation in both cities for the two candidates but there should be a consensus of which is the
top candidate. Mr. Allen said he would not hire anyone, but would make an offer of
employment, if mutual terms of agreement and employment could be reached. Discussion
followed.
Commissioner Anderson moved that they travel to Oak Ridge and Fon du lac. Motion died for
lack of a second.
Commissioner Anderson, seconded by Commissioner Johnson, moved to travel to the city of
the number one selection before the final decision was made. Motion carried 5-0.
Discussion followed regarding what the motion meant specifically.
3
L}i L
OCOEE CITY COMMISSION SPECIAL SESSION PUBLIC HEARING
FOR APPOINTMENT OF INTERIM CITY MANAGER AND
SELECTION OF CITY MANAGER
JANUARY 28, 1997
Commissioner Glass, seconded by Commissioner Gleason, moved to reconsider the vote.
Motion carried 5-0.
Personnel Director Psaledakis advised in the workshop and the manual prepared by Personnel,
there was a discussion about the possibility of travel and that anyone could decide to go as long
as the travel was not done together.
Commissioner Anderson moved that before an offer was made as a City Manager that a
Commissioner or a delegation go to that city and bring back his or their findings.
Commissioner Glass proposed that the City pay according to the Runsheimer's Scale for any of
the Commissioners who wished to go to the lead candidate's city to do his own investigation
within a time certain and report back. If time certain comes and someone has gone, it will be
addressed again. Otherwise, the Commission moves forward.
Attorney Allen said the first decision would be whether any one candidate would get three votes
to get further consideration. He said one of the two under consideration by the City is the
number one choice for Palm Bay. The logical next step was to call the candidate and see if he
were still interested in being considered. If the answer were yes, a date could be set to meet
again and vote on whether to make him an offer.
Attorney Rosenthal advised there probably should be a re-vote on the main motion to either
leave it as it is, dispose of it, or amend it.
There was a re-vote on the previous motion which had carried 5-0: Commissioner Anderson,
seconded by Commissioner Johnson, moved to travel to the city of the number one selection
before the final decision was made. Motion was defeated 3-2, with Commissioners Anderson
and Johnson voting yes.
Commissioner Anderson, seconded by Commissioner Johnson, moved that before an offer of
employment was made to the number one candidate that within the next ten days a
Commissioner, using the Runsheimer scale for travel expenses, should go to the number one
candidates's city and report back to the Commission before an offer of employment was
established. Motion was defeated 3-2, with Commissioners Anderson and Johnson voting yes.
Commissioner Glass advised his number one choice would be Jeffrey Broughton from Oak
Ridge, Tennessee. Commissioner Anderson commented on both candidates, stating he had
problems with each. He felt the need in the City was Mr. Shapiro. Commissioner Johnson had
4
LIJJLI IS) L�,\
u -Lj L,
OCOEE CITY COMMISSION SPECIAL SESSION PUBLIC HEARING
FOR APPOINTMENT OF INTERIM CITY MANAGER AND
SELECTION OF CITY MANAGER
JANUARY 28, 1997
no comment. Commissioner Gleason stated his number one candidate was Mr. Broughton.
Mayor Vandergrift stated his number one candidate was Mr. Broughton.
Mr. Lance Laird, City resident, stated there was a definite possibility that four of the present
Commissioners would not be on the Commission after the election, which could change things.
He said he was not impressed with Mr. Broughton and thought he was arrogant.
Mr. John Linebarier, City resident, spoke in favor of Mr. Shapiro. Mr. Linebarier stated he
was possibly going to be a Commissioner and felt he should have a voice in the hiring process.
He asked the Commission to delay hiring a City Manager until after the February 25 election.
Mrs. Nancy Parker, whose term as Commissioner, District 4 begins in February, stated she had
no problem with the decisions being made by the sitting Commission.
Mr. Danny Howell, City resident, asked if the Commission was getting a new City Manager
because they thought it was right for the City and citizens or because of their feelings toward Mr.
Shapiro. Mayor Vandergrift said he believed it was the best thing for the City.
Commissioner Gleason stated he liked to believe that every decision he had made was based on
what he thought was in the best interest of the City, even though for every decision, there is
someone on the other side. Mr. Howell asked with so many people supporting Mr. Shapiro and
asking the Commission to keep him, but the Commission's going ahead with what they wanted,
was it because they thought it was just a few people or only the ones who spoke up.
Commissioner Gleason stated he had received many phone calls from people who did not attend
the meeting who were telling him the other side.
Mr. Jim Sills, 205 South Lakeshore Drive, a businessman in the City for 20 years, said he had
helped with elections and thought the businessmen should not be the ones to go to the candidates'
cities. The voters put their confidence in those elected when they vote, and he thought the
Commission was doing a good job.
Commissioner Anderson stated throughout the selection process his first choice was Mr.
Shapiro. Mr. Broughton was his second choice, but he said he thought if the City was going to
move to a new City Manager, Mr. Broughton would be the better of the two candidates.
Commissioner Johnson stated he was speaking for the record: "I'm not running for office
because I'm tired of sitting here, and people can lie, and they lie. They're politicians. Personal, it
is personal. I know it's personal. They do things. You don't believe it isn't personal, folks, I can
tell you things they've done to me. And if you know me, you know I didn't do those things, so
5
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OCOEE CITY COMMISSION SPECIAL SESSION PUBLIC HEARING
FOR APPOINTMENT OF INTERIM CITY MANAGER AND
SELECTION OF CITY MANAGER
JANUARY 28, 1997
it's fine. But the paper puts it in the paper, and they think it's a big deal. As I look out in this
audience, there's ones of them here that Ellis Shapiro has helped. His attitude isn't always the
best. I holler and scream at him; he hollers and screams at me, but I'm supposed to be "his best
friend" or whatever. What I am friends of is this City, what he's done. You new people that's
moved here, I look at you, and you shake your head and make these comments. You wait.
You'll see what happens with this new guy. He won't be here more than two years. He won't
make, 'cause all these good employees and all these other good citizens will make sure of that.
All of them want to move and put the knife in the guy's back. They're real good at it here. They
can sit, and you can always tell the ones that do it. They're real good at it. But you take a person
that comes to this town seven years ago and didn't take a contract. He took no contract and took
a small salary, and he did the job and brought us where we are. I don't understand what's wrong
with people. And, Jim, if they, and I'm not arguing with you, if they want to come out, they were
welcome to come to the meeting and speak up their piece and say, but you take your district with
3700 people, they didn't even bother to put but one candidate in. So that tells me something too.
That's going to get changed. When the charter revision comes, they need to redo these districts
and put them where they are even. And put it where it can go back to letting all the citizens of
this town vote for anybody that sits up here on this table. I don't give a root's toot who likes me
or who doesn't. If you want to talk to me when I get through being a Commissioner, I don't have
any problem talking to anybody. Because I'm not leaving this town. For 40 years I worked
before I got elected, before I put my foot and my butt in the chair, I was working in this town, not
. the day I got elected. All of a sudden you show up. And it is a personal attack when on a
person's job, and don't say it isn't. That's why the man can't find a job. Because it is. These
other two guys have been looking since May and August of last year. And if you think you're
obligated to somebody for helping you get something, that isn't the way it works, and you'll find
that out when you sit down up here. The reason I got elected, and people have tried their dirtiest
to get me unelected, but the best thing about this town is, the citizens understand, and they will
make sure they voice their opinion. And I hope at election time they will. The next time I hope
the districts are re-aligned where some other people can get involved in it and make some
change. But you're doing an injustice. I'm really disappointed in a couple of people up here, and
I'll tell them that after I get out of office, but a couple of them I'm not because they're politicians,
strictly politicians. It's a quandary what to vote in the election for our City. I'm going home.
I've got enough high blood pressure and everything else, but if you think I'm leaving it and not
going to be around aggravating somebody, you're sadly mistaken. And you're making a big
mistake taking Ellis Shapiro out of this job, and all the employees can turn their heads and make
their little comments, and you'll find that out. But go back seven years and look at what's been
done in the salaries and the jobs in this City. But loyalty doesn't mean anything to anybody, and
that's what this new guy's going to find out too. But other people moving on up, folks, and you
6
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OCOEE CITY COMMISSION SPECIAL SESSION PUBLIC HEARING
FOR APPOINTMENT OF INTERIM CITY MANAGER AND
SELECTION OF CITY MANAGER
JANUARY 28, 1997
keep an eye on what happens here in the next few years.. Certain people are not going to be here.
They're going to move on up."
Attorney Allen stated the decision needed to be made whether to proceed with the process with
Mr. Broughton. Mayor Vandergrift said Mr. Broughton had not been designated; only a
consensus had been listened to, and he needed to be designated formally. Attorney Allen stated
three people had stated he was their first choice.
Commissioner Gleason, seconded by Commissioner Glass, moved to proceed to the next stage,
that is, contact with Mr. Broughton to initiate negotiation for his offer of being City Manager.
Motion carried 3-2, with Commissioners Anderson and Johnson voting no..
Attorney Allen stated if Mr. Broughton is still interested, he would tell him the City is prepared
to discuss whether an agreement can be reached. Commissioner Johnson suggested a recess be
taken to call Mr. Broughton to see if he were still a candidate.
Commissioner Johnson left the table at 8:29 p.m.
RECESS 8:35 P.M. TO 8:45 P.M.
Mayor Vandergrift reported speaking to Mr. Broughton, who said he would be pleased to enter
into negotiations with the City and is not currently considering employment with another city.
DISCUSSION/ACTION RE: CITY MANAGER CONTRACT NEGOTIATIONS
Attorney Allen stated he distributed a draft document at the last meeting. He felt the need was
to deal with concepts. He would then draft something in relationship to the concepts and make it
very clear to Mr. Broughton that the discussions were tentative and that he had no authority to
bind the Commission. Commissioner Anderson asked how much and how long. Mayor
Vandergrift stated he believed there was a consensus for a one-year contract. Attorney Allen
asked if it was a one-year contract with an automatic renewal clause or just one year and
termination. Commissioner Anderson asked if the new City Manager had to abide by the same
probationary period all the employees had. Attorney Allen stated the concept was employing
someone for a set period of time and paying him a certain salary. The question then became if
they wanted the City Manager to be subject to the Personnel Rules and Regulations except those
that deal with discipline, termination, etc. If so, all they would have to do is by ordinance amend
the ordinance, Section 1, so that it says, the Personnel Rules except the following shall apply to
the City Manager, which is very simple. The consensus was yes.
7
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OCOEE CITY COMMISSION SPECIAL SESSION PUBLIC HEARING
FOR APPOINTMENT OF INTERIM CITY MANAGER AND
SELECTION OF CITY MANAGER
JANUARY 28, 1997
Attorney Allen stated one option was a contract for an extended period of time with the right of
the Commission to terminate it at any time and pay a certain amount of severance pay but not
have to provide justification except to the extent the City Charter might require them to provide a
reason - not just cause. Conceptually, enter into a one-year contract with an automatic renewal
unless one party notified the other within a certain period of time. The way it was written
regarding renewal, the contract would terminate at the end of the time. He stated among City
Managers and their association, a one-year contract is not looked upon with much favor. He said
his judgment was that the Commission would want to be able to terminate the agreement at any
time for any legal reason. For a person to take the job, he would have to be provided with either
job security, that is, no termination except for just cause with a statement of the cause(s), or the
Commission would have to say termination could be at will, but there would be payment of a
certain amount of money in lieu of notice. He asked how much in severance the Commission
would be willing to pay if the contract were "at will." He explained what a contract providing
for "just cause" termination meant in terms of the City and the City Manager and referred to the
no cut contract with Mr. Shapiro. He recommended it not be that kind of contract. His
recommendation was that the contract be at will with a severance pay provision of as little as
possible. Commissioner Gleason suggested starting at an offer of three months severance pay
and going to six months. Commissioner Anderson suggested 30 days severance pay.
Attorney Allen asked if there would be a provision in which the City Manager would waive his
right to severance pay, i.e., violation of the drug policy (page 8, paragraph 3, Employment
Agreement). There was a consensus for keeping all items listed under paragraph 3.
Attorney Rosenthal asked about the term "at will," if that meant in lieu of a specified term.
Attorney Allen responded he probably would make it one year, unless terminated earlier by
either party. He stated the City Charter would be followed regarding a hearing.
Employment Agreement
Section 1.D., regarding overactive involvement of Commissioners in the day-to-day management
of the City. Attorney Allen asked if the Commission wanted to leave it. The consensus was yes.
Section 3.B. regarding review and evaluation of job performance was discussed. Mayor
Vandergrift said Mr. Shapiro's contract stated that six months prior to the end of the contract, he
or the City could enter into negotiations as to whether to extend the contract. Attorney Allen
stated he felt a job performance review should be done at least 90 days prior to the end of the
contract regardless of whether the City Manager is to be retained. If the City does not want to
negotiate, the contract would expire. He said he would insert into the Employment Agreement
8
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OCOEE CITY COMMISSION SPECIAL SESSION PUBLIC HEARING
FOR APPOINTMENT OF INTERIM CITY MANAGER AND
SELECTION OF CITY MANAGER
JANUARY 28, 1997
that there would be not less than an annual review consistent with past practice, i.e., each elected
official would do an evaluation and discuss it with the City Manager.
Section 3.C. Attorney Allen stated if there is only a one-year contract this item was superfluous.
Commissioner Gleason asked about length of contract and amount of severance. Discussion
followed. Attorney Rosenthal asked for clarification in regard to severance and its applicability
to renewal or nonrenewal of the contract. Commissioner Gleason had reservations about a 12-
month contract in that it could convey a message that there was no commitment to the candidate
by the City.
Commissioner Johnson left the meeting at 9:16 p.m.
Attorney Allen proposed a contract longer than 12 months, up to 24 months, with a salary range
of$75,000 to $85,000 with a right to terminate with up to six months severance pay.
Attorney Allen said he wanted the record to reflect: "You're not making individual decisions on
each one of these items; you're making suggestions, and you may change your mind when you
look at the whole picture, so I don't want you to feel like, or anybody to feel like, we made a
commitment. We're going to do this on this point, this on this point, this on this point, we're
going to talk about all these things, and then you are going to look at the whole picture and
decide whether you like the whole picture."
Commissioner Anderson recommended starting with the minimum on everything. Because of
public record, Mr. Broughton would know the maximum on the parameters. Mayor
Vandergrift stated they were not going to do any motions but were just giving parameters.
Section 4, Fringe Benefits. Fringe benefits would be the same except for pension. Attorney
Rosenthal asked about longevity pay. There no longer is longevity pay, but the new employee
committee is working on a modest program. The City Manager would be subject to whatever
that was. Attorney Allen stated longevity would be discussed at the same time as annual salary.
He stated the document states that if the City Manager were paid $75,000 and is given a job
performance evaluation and rate three or better on a scale of five, he would get at least the same
wage increase as the average of all the department heads. He asked if that was okay. The answer
was no. Mayor Vandergrift wanted the Commission to have control of the City Manager's
wage increase.
9
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OCOEE CITY COMMISSION SPECIAL SESSION PUBLIC HEARING
FOR APPOINTMENT OF INTERIM CITY MANAGER AND
SELECTION OF CITY MANAGER
JANUARY 28, 1997
Section 4.C. regarding used of an automobile, which is usually standard in contracts, was
questioned by Attorney Allen. Discussion followed. Use would be within 50 miles of the city
with no non-employee drivers except in the case of an emergency.
Section 4.D., regarding 4.D. regarding a beeper and fixed line telephone, fax and computer was
discussed. Left as written.
Section 4.E., regarding annual dues and subscriptions was discussed. Left as written.
Section 4.F., Conventions a change would be from "approval by the Mayor" to "approval by the
Mayor or his designee."
Section 4.G., Disability and Life Insurance. Consensus was that this would be the same as for
any other employee.
Section 4.H., Deferred Compensation. This would be the same as for other employees but would
be no more than what is allowed by the IRS.
Personnel Director Psaledakis asked about buyout of personal leave, which she had raised with
the Commission previously. The question was whether it would have to go before the entire
Commission for approval or if one member of the Commission would give approval. The policy
is that the buyout cannot exceed 80 hours in a 12-month period. This policy is affecting the
budget because the gross salaries exceed budget projections. Mayor Vandergrift discussed an
insurance policy for sick leave. Commissioner Glass said he did not believe this discussion was
appropriate for this meeting. He stated if the new City Manager was to be subject to the Rules
and Regulations that was something that would have to be discussed and addressed later.
Discussion followed regarding vacation. The City Manager would be subject to the personnel
policy.
Section 5, Extent of Services and Hours of Work, A. Left as written.
Section 5, Extent of Services and Hours of Work, B. Left as written.
Section 6, Moving Expenses, A. Attorney Rosenthal suggested having the candidate get a
proposal on moving expenses and submit it. Discussion followed. Attorney Allen would tell
candidate to get a proposal.
10
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i
OCOEE CITY COMMISSION SPECIAL SESSION PUBLIC HEARING
FOR APPOINTMENT OF INTERIM CITY MANAGER AND
SELECTION OF CITY MANAGER
JANUARY 28, 1997
Section 6, Moving Expenses, B. Left as written.
Attorney Allen asked when the Commission would like for the candidate to be in Ocoee.
Mayor Vandergrift said the requirements of the candidate should be presented at the next
Commission Meeting. Attorney Allen stated his actions would depend on the answers given by
Mr. Broughton. Commissioner Gleason said he asked Mr. Broughton about availability, and
he said if he were the candidate, he could be in Ocoee by the second meeting in February. He
asked if it became necessary for Mr. Broughton to come to Ocoee and talk to him if the City
would pay roundtrip expenses. Suggestion was made to fly him here, and if a meeting were
necessary while he was in Ocoee, it could be called within 24 hours.
Section 7, Indemnification and Cooperation. Left as written.
Section 8, Resignation and Termination, A.1. There would be no severance pay if the City
Manager gives notice.
Section 8, Resignation and Termination, B.1. Parameter is six-months severance pay.
Section 10, Miscellaneous, B. Restricted to time off. -
Section 10, Miscellaneous, C. Discussion followed.
Section 10, Miscellaneous, D-H. Left as written.
Mayor Vandergrift talked about Attorney Allen's communicating with each commissioner at
home via fax. In the case of Commissioner Johnson, he would be notified upon receipt at City
Hall. Each commissioner gave his fax number to Attorney Allen.
Mayor Vandergrift thanked everyone for coming.
• MEETING ADJOURNED AT 10:13 P.M.
APPROVED
Attest: City of Ocoee
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
11
Agenda 10-7-97
F. To f7\ r-,Item III A
✓ L? L
MINUTES OF THE OCOEE CITY COMMISSION SPECIAL SESSION
HELD FEBRUARY 11, 1997
Mayor Vandergrift called the Special Session to order at 9:40 p.m. in the Commission
Chambers. The roll was called and a quorum declared present.
PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass, Gleason and Johnson. Also
present City Attorney Rosenthal, Labor Attorney Reynolds Allen, Personnel
Director Psaledakis and City Clerk Grafton.
ABSENT: None.
Discussion/Action Re: City Manager Contract Negotiations
Although consensus was reached to allow citizens to comment, no citizens wished to speak at
this time.
Attorney Reynolds Allen related his contact with Mr. Broughton and Mr. Broughton's attorney.
He advised Mr. Broughton was seriously interested in the position of City Manager and wanted
to work for the City. The four points Mr. Allen considered major were: salary, term, severance
and strong mayor form of government. Mr. Broughton wanted a salary of$82,000, a three-year
contract (terminable at will with severance due with exceptions), a six-month severance
provision and termination due to the change to a strong mayor form of government considered
involuntary. He suggested preparing a contract, offering it and giving Mr. Broughton three days
to respond.
After lengthy discussion, consensus was to offer Mr. Broughton a salary of$80,000 and a one-
year contract with a graduated severance provision and automatic renewal unless 90 days' notice
is given. Termination due to a change in government would be considered involuntary for the
purpose of severance.
Personnel Director Psaledakis asked about a review of the Personnel Rules and Regulations in
relation to the contract, and Mr. Allen said there was a need to review them. Mr. Rosenthal
said personnel policy should go through the Personnel Board. Ms. Psaledakis also asked if the
new City Manager could live out of the City temporarily if he did not find reasonable
accommodations within his budget with the City. Consensus was yes. She also asked if Mr.
Broughton accepted the position if a formal letter should be sent to the Interim City Manager
explaining to him the final date and reiterating what he would be receiving. If so, should the
labor attorney do it. Mr. Rosenthal said Mr. Allen should have they solution to that after final
action was taken on the contract.
Commissioner Anderson, seconded by Commissioner Johnson, moved that the City
Manager contract be read and voted on at two regular Commission Meetings. After the
public comments noted below, the vote was taken. Motion defeated 3-2 with Commissioners
Anderson and Johnson voting yes.
rid
OCOEE CITY COMMISSION SPECIAL SESSION
FEBRUARY 11, 1997
Mrs. Betty Hager asked about the.advertising of this meeting. She was advised it was called a
Special Session and advertised 26 hours in advance.
Ms. Dottie Minnick, 508 Bernadino Drive, wanted the Commission to move forward instead of
allowing two votes at two different Commission Meetings.
Mr. Lance Laird felt that Commissioner Anderson's motion was a good one since it would give
the Commission the ability to ensure six months of severance would not have to be paid if the
next Commission refused to work with this Commission's decision. It also would give a new
City Manager the confidence of knowing the Commission was behind him or the ability to back
out of it were not behind him.
Attorney Rosenthal suggested that the Commission direct the Clerk to place on the next
agenda for the City Commission discussion/action regarding City Manager contract
negotiations so the Commission would be in a legal position to act on a contract at the next
meeting. Mayor Vandergrift so directed.
Adjournment
The meeting adjourned at 10:40 p.m.
APPROVED
Attest: City of Ocoee
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
2
Agenda 10-7-97
(1 _ Item III A
i Ltd J' J
MINUTES OF THE OCOEE CITY COMMISSION SPECIAL SESSION
HELD APRIL 8, 1997
Mayor Vandergrift called the Special Session to order at 9:39 p.m. in the Commission
Chambers. The roll was called and a quorum declared present.
PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass, Howell and Parker. Also
present were City Attorney Rosenthal, Labor Attorney Reynolds Allen, Personnel
Director Psaledakis and Deputy City Clerk Green.
ABSENT: None.
Discussion/Action Re: The position of City Manager
Commissioner Anderson, seconded by Commissioner Howell, moved to retain Mr. Ellis
Shapiro as City Manager subject to reaching a mutually acceptable agreement. Motion
defeated 2-3,with Mayor Vandergrift and Commissioners Glass and Parker voting no.
Commissioner Glass, seconded by Commissioner Parker, moved to follow the directive set
forth in the Work Session to invite Mr. Broughton back the next day with the
understanding he would not be offered a contract at that time, determining at the special
meeting the evening of April 9, 1997, if the Commission wanted to pursue a short list of
candidates or retain Mr. Shapiro. Motion, as amended below, carried 4-1, with
Commissioner Anderson voting no.
Commissioner Glass, seconded by Commissioner Parker, amended his motion to include
that if the Commission decided they wanted to continue the process with Mr. Broughton,
his name would be placed on the short list, and the Commission would determine who else
would go on the short list. Motion carried 5-0.
Adjournment
The meeting adjourned at 9:50 p.m.
APPROVED:
Attest: City of Ocoee
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
Agenda 10-7-97
Item III A
UUu '
L,� 1�
MINUTES OF THE OCOEE CITY COMMISSION
SPECIAL SESSION HELD APRIL 9, 1997
CALL TO ORDER
Mayor Vandergrift called the Special Session to order at 8:20 p.m. in the Commission
Chambers. The roll was called and a quorum was determined to be present.
PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass, Howell and Parker. Also
present were City Attorney Rosenthal, Labor Attorney Allen,Personnel
Director Psaledakis and Deputy City Clerk Green.
ABSENT: None.
Commissioner Glass, seconded by Commissioner Parker,moved to continue negotiations with
City Manager Candidate Broughton. Motion carried 3-2. (Commissioners Howell and Anderson
voted no.)
Commission reached consensus to place consideration of Employment Agreement.
RECESS - 8:25 p.m. - 8:32 p.m.
Labor Attorney Allen said he spoke with Mr. Broughton who said he was interested in pursuing
negotiations. Mr. Allen said he and Mr. Broughton would start working on the contract
immediately after the meeting and have a document ready by Monday morning.
Commissioner Anderson suggested that someone from Commission sit in and listen to Mr.
Allen and Mr. Broughton during the structure of the contract.
Commissioner Glass asked if Commission should give Mr. Allen some bottom line positions on
the various issues or if they should wait until Mr. Allen presents the new document. Mr. Allen
said most bottom line issues have already been presented to Commission, that any others will be
presented by Monday.
Commission reached consensus to set a work session for Tuesday,April 15, 1997 at 6:15 p.m.
ADJOURNMENT.
The Special Session was adjourned at 8:40 p.m.
Attest: APPROVED:
City of Ocoee
Marian Green, Deputy City Clerk S. Scott Vandergrift, Mayor