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III (A) Approval and Acceptance of Minutes of City Commission Regular Meeting of May 6, 1997
Agenda 5-20-97 Item III A MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD MAY 6, 1997 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:30 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, Glass, Howell and Parker. Also present were Interim City Manager Shapiro, City Engineer Shira, City Attorney Rosenthal, Finance Director Horton, Personnel Director Psaledakis, Recreation Director Beech, Planning Director Wagner, Public Works Director Corwin, Senior Planner Horne, Capital Projects/Concurrency Analyst Resnik, Budget Technician Strickland, Site Plans Examiner Lewis, Building Director Flippen, Special Counsel Barice, Fire Chief Strosnider, Police Chief Mark, Assistant City Engineer Wheeler, and City Clerk Grafton. ABSENT: None. PRESENTATIONS AND PROCLAMATIONS PRESENTATION Plaque of Appreciation to Orange County Commissioner Bob Freeman. As The Honorable Bob Freeman had not yet arrived at this point in the meeting this presentation was made following the consent agenda but will be recorded here in agenda order for clarity. Orange County Commissioner Freeman arrived at 7:40 p.m. and introduced his wife, Dawn and their three babies, Madison, Elaine, and Nicole. Mayor Vandergrift presented Commissioner Freeman with a certificate of appreciation and an Ocoee watch, and thanked him for being a special friend to the City of Ocoee. Commissioner Freeman thanked the citizens and leadership of the City of Ocoee for their support, and briefly addressed the pros and cons of the Light Rail and the Western Beltway. PROCLAMATION National Public Works Week, May 18-24, 1997. Mayor Vandergrift proclaimed May 18-24 to be National Public Works Week. Commissioner Parker read a prepared statement in support of National Police Week - 1997 Sunday, May 11 - Saturday, May 17, and made the blue ribbons signifying support of the law enforcement awareness program available for the public to pick up following the meeting. Ocoee City Commission Regular Meeting May 6, 1997 Ms. Hope Kramer, Director of the March of Dimes, reported that the West Orange Walk raised over $8,000.00 in the Walk America Drive on April 26, and she presented a plaque of appreciation along with the Battered Boot Award to the Ocoee Fire Department for being the top team in the West Orange Walk by raising over $2,400.00. Fire Chief Strosnider accepted the award on behalf of the Ocoee Fire Department and thanked all the firefighters and City Hall employees for their participation in this event. CONSENT AGENDA The consent agenda consisted of items A. B, C, D, E, and F. City Manager Shapiro called attention to information distributed just prior to the meeting pertaining to agenda items HI E - Wesmere PUD-Plat of Villages 8 and 9 (Cheshire Woods), requesting that approval be subject to (i) clarification of the Roberson Road right-of-way boundaries and (ii) delivery to the City of a Letter of Credit acceptable to the City Attorney and consistent with prior submittals: and III F - West Orange Commercial Center II Plat Resubmittal requesting conditional approval of the plat subject to the submittal of a Joinder and Consent signed by the mortgage holder. Commissioner Anderson, seconded by Commissioner Glass, moved to approve and accept the consent agenda with items III E and III F subject to the above listed conditions being satisfied. Motion carried 5-0. A. Approval and Acceptance of Minutes of City Commission Regular Meeting of April 15, 1997, Budget Workshop of April 23, 1997, and Budget Special Session of April 29, 1997. B. Approval and Authorization for Mayor and City Clerk to execute Work Orders with Design Criteria Professionals Gee and Jenson for Multi-Purpose Recreation Facility as follows: 1. No. 3a,Topographic/Utility Survey ($5,645 plus $300 Reimbursables) 2. No. 3b, Design Criteria Package for modification to A.D. Mims Road ($5,720 plus $500 Reimbursables) 3. No. 3c, Design Topographic and Utility Survey at A.D. Mims Road adjacent to Project Site($6,445 plus $300 Reimbursables), and 4. No. 3d, Preliminary Subsurface Soil Exploration/A.D. Mims Road ($1,410 plus $200 Reimbursables). C. Approval of Ad for Florida League of Cities Convention. D. Reappointments to Board of Adjustment: Bruce Beatty and Bob Colburn - 3 year terms expire May 1997. E. Approval and Authorization for Mayor and City Clerk to execute Cheshire Woods Final Plat. F. Approval and Authorization for Mayor and City Clerk to execute West Orange Commercial Center 11 - Final Plat. Mayor Vandergrift announced that he would take Agenda Item VI. E - Permanent Closure of Bexley Boulevard within the Silver Bend Development-out of agenda order and that item was considered at this time. 2 Ocoee City Commission Regular Meeting May 6, 1997 PERMANENT CLOSURE OF BEXLEY BOULEVARD WITHIN SILVER BEND DEVELOPMENT. Capital Projects/Concurrency Analyst Resnik gave a brief overview of last years temporary closing of Bexley Boulevard at Natchez Trace Boulevard, and explained that members of the Silver Bend Homeowners' Association had approached staff requesting that the closing of the road be made permanent. She stated that the Planning Department believes that this would be untimely and inconsistent with generally held transportation planning principles, and is working on developing alternative solutions that would meet the needs of the residents as well as address technical concerns of the City. Staff has had an initial meeting with the City's new transportation planning consultant, but additional time to formulate proposed solutions is needed. Because this decision could affect future decisions on similar roads in other subdivisions, and because there appear to be many potential consequences to closing the road, staff recommended providing sufficient time to research all sides of the issue, leaving the temporary barriers in place for the time being. The public hearing was opened. Commissioner Howell asked if there had been any problems with access for the Fire Department or Police Department because of its closure. Ms. Resnik said that as of yet there hadn't been,but in the future there may be. Also, closing roads at residents' request could develop into future problems. Mrs. Martha Lopez-Anderson, President of Silver Bend Homeowners Association, gave a lengthy history on the closing of Bexley Boulevard and said that the City, since its closing, had plenty of time to consider this issue of either opening it back up or closing it permanently. Mrs. Lopez-Anderson then gave reasons as to why it should remain closed and asked that there be a re-canvassing of the residents of Bexley Boulevard. Mr. Mark McCallister, 9049 Montebello Avenue, spoke in favor of leaving the road open, particularly because of emergency services, and said that if the residents want to keep it closed, they should pay for the permanent closure. Mr. Sam Woodson, 814 Chicago Avenue, and Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, also spoke in favor of opening the road. Ms. Resnik advised that an elderly citizen in Silver Bend had called her to express concern for emergency assistance if the road were closed. Mr. Darrell Parsons, 2653 Alclobe Circle, Mr. Joe Hembrooke, 2188 Alclobe Circle, Ms. Christine Campos, 89 Bexley Boulevard, Mr. Danny Anderson, 1796 Cassingham Circle, and Former Commissioner Gleason, 856 Hammocks Drive, spoke in favor of leaving it closed. Mr. Keith Wheaton, 92 Bexley Boulevard, expressed concerns about the one entrance being wide enough for a fire truck to fit. 3 Ocoee City Commission Regular Meeting May 6, 1997 Mayor Vandergrift left the table at 8:50 p.m. Former Mayor, Lester Dobbs, 619 Caborca Court, made it clear that the Commission was charged with the care of the entire City and must act in the best interest of all. Mayor Vandergrift returned at 8:55 p.m. Mr. Joel Knack, 2507 Alclohe Circle, spoke against giving staff 60 more days because he felt a year should have been sufficient time to arrive at a solution. The public hearing was closed. There was discussion regarding the wording of the poll and Mr. Shapiro noted that it should include information about the cost of the closing along with the question regarding whether the road should be opened or closed. Mayor Vandergrift, seconded by Commissioner Parker, moved to have a public hearing the first meeting in June and have staff present the numbers for the cost of the closing of Bexley Boulevard and to present the canvassing figures at that time. Commissioner Parker, seconded by Commissioner Glass, moved to amend the motion to include information regarding the cost to close Bexley Boulevard, which would be paid by the homeowners. Motion carried 4-1. (Mayor Vandergrift voted no.) The motion as amended read as follows: Commissioner Parker, seconded by Commissioner Glass, moved to have a public hearing the first meeting in June, and to include information regarding the cost to close Bexley Boulevard, which would be paid by the homeowners, and to present the canvassing figures at that time. Motion carried 4-I. (Mayor Vandergrift voted no.) Non-Agenda Item Bumble Bee Florist had provided flowers for the dais and Mayor Vandergrift presented those flowers to Mrs. Frances Watts for Mothers Day. RECESS 9:20- 9:25 p.m. COMMENTS FROM CITIZENS/PUBLIC Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, shared his views on how to build the Western Beltway. Former Commissioner Combs, 310 Sabinal Street, said that the construction taking place on Kissimmee Avenue/Story Road is looking very good, but that the road being used as a detour(Columbus Street) is in very bad shape from all the traffic. lie suggested 4 Ocoee City Commission Regular Meeting May 6, 1997 that any money left over be used to repair and black top it after all the work is finished. Mayor Vandergrift explained that it should be the contractor's responsibility to keep up the road. Mr. Shapiro said that there may not be enough right-of-way to black top the road, but that the funds would have to come from General Fund. Ile said he would get staff to deal with the maintenance and report back to him regarding the funds to do the repairs. Mr. Combs then said that he was happy to see that City Manager Shapiro was still present, and asked Mayor Vandergrift if he would be keeping his word in vacating his seat should the City offer Mr. Shapiro another contract. Mr. Sam Woodson, 814 Chicago Avenue, apologized to the Commission for a commotion in the audience. PUBLIC HEARINGS FIRST READING OF ORDINANCE No. 97-12, RELATED TO TELECOMMUNICATIONS SERVICES FACILITIES. Second reading and Public Hearing Scheduled for May 20, 1997 at 7:30 p.m. This Ordinance was presented by title only for the first reading. City Attorney Rosenthal explained that Foley and Lardner also represented American Portable 'felecomm and could not represent the City of Ocoee in this matter because of a conflict of interest and the City has retained special counsel to represent the City. Planning Director Wagner stated that this is a very complex ordinance and that both the consultant and the special counsel were present. He stated further that, although this was a first reading, the providers in the area had been notified of this public hearing and staff was prepared to give a full presentation in order to allow the providers to speak and the Commission to have input so that in the intervening time Staff could consider any possible changes to the ordinance. He gave a brief overview of the staff report and introduced Carol Barice, of Fowler and Baricc, an attorney who has worked on like ordinances for Lake Mary, Altamonte Springs, and Deltona, and who is well versed in this field. Mr. Wagner then introduced Ted Kriines, of Kreines & Krcines, Inc., consultants to cities & counties on Planning for Personal Wireless Service Facilities, a nationally known consultant in his field who has worked with many of these ordinances. Mr. Krienes showed pictures, graphics and gave a lengthy presentation on the different types and heights of Telecommunications Service Facilities. Senior Planner Home explained that the Planning and Zoning Commission reviewed the proposed amendments in detail and the recommendations of that Commission regarding height restrictions and permitting the co-location of up to 24 antennas per structure had been incorporated into the proposed ordinance and a few scriveners errors had also been corrected throughout. Mrs. Horne then displayed pictures of the different types of camouflaged towers and a map of the City showing areas where towers would he located. The public hearing was opened. 5 Ocoee City Commission Regular Meeting May 6, 1997 Mr. Bruce King, Cypress Real Estate Services/AT&T Wireless Services, said he would like to work with staff in adjusting the Ordinance, that Ocoee was the first City not to base their Ordinance in traditional concepts; that page 21 of the Ordinance was vague, and that the Ordinance calls for things that might be needed in the future, but are not needed now. Mr. George Cohen, American Portable Phone, commended staff and Commission for producing the best Ordinance possible. and gave his insight on the language in pages 9, II, and 12 of the Ordinance. Ile expressed concern about Section F "no co-location of Accessory Facilities shall be permitted." Mrs. Home explained that an Accessory Facility is a facility that would be for an existing business in the City of Ocoee, and co- location would not be encouraged. Mr. Cohen then stated for the record, "I sat on the tower ordinance committee in Orange County for about four or five months, and this is a big way that the county plans to induce co-location, to go into these types of facilities and replace the structure that already exists with a monopole type structure - that's the preferred design." Mr. Harold Switzer, Chairman of the Planning and Zoning Commission, urged the Commission to take their time and know what they were voting on and not to be in a hurry to approve this ordinance. The public hearing was closed. Mayor Vandergrift announced the second reading and public hearing will be May 20, 1997 at 7:30 p.m. SECOND READING OF ORDINANCE No. 97-10, AMENDING LAND DEVELOPMENT CODE RELATING TO PUD's SPECIAL OVERLAY AREAS& TABLE 5-2. this ordinance was presented by title only for the second reading and public hearing. Planning Director Wagner distributed a handout showing several corrections to typographical errors made in Exhibit E, Table 5-2, Minimum Zoning Descriptions On Permitted Uses, attached to the Ordinance and then explained that this Ordinance allows for the development of activity centers and makes changes to the existing ordinance to allow the creation of special overlay areas that give the City the ability to have additional regulations on certain target areas of the community. The public hearing was opened, and as no one wished to speak, the public hearing was closed. Commissioner Glass, seconded by Commissioner Howell, moved to approve Ordinance #97-10 enacting the attached amendments to Section 4-5, 4-6. Table 5-2 as corrected in the handout, and Section 5-3 of the Land Development Code. Motion carried 5-0. SECOND READING OF ORDINANCE No. 97-11, AMENDING BUDGET FY1996-97. 6 Ocoee City Commission Regular Meeting May 6, 1997 This ordinance was presented by title only for the second reading and public hearing. City Manager Shapiro advised that staff had responded to the questions asked at the work session and the first reading and was present to answer questions. He recommended that, as the budget is balanced, any line item removed might be replaced with another line item, or, if an item is added, the funds be taken from contingency (presently $247.000) Commissioner Anderson distributed a memorandum regarding the budget process and asked that it be placed in the record. (See attached Exhibit No.1.) Discussion ensued regarding making use of work sessions for submitting items for consideration from the Commission in order to make the best use of staff time. Mayor Vandergrift said that he thought a memo should have been sent out by the City Manager to each Commissioner requesting input for the budget, but that all the way through the budget process there should be opportunities to make changes. Staff had prepared backup for the list of the proposed items to be considered which had been presented by Mayor Vandergrift at the first reading of this ordinance and that list was considered by the Commission as follows: Starke Lake Fountain: Consensus was reached to direct staff to research for a later budget and not this one. Starke Lake Tree Lighting: Consensus was reached not to include this item in this budget, but rather to consider taking the funds from contingency when the report comes back. West Orange Trail: Consensus was reached to allow staff to continue addressing bikeways as they have in the past. Secretary, Administrative Assistant to Mayor/Commission: Staff recommended that this position be a Deputy City Clerk assigned to the Office of the City Clerk to be added at annual budget time. Consensus was reached to support staff recommendation subject to input from the City Clerk. Assistant City Manager/City Attorney: There was opposition expressed to the concept of having one person filling these positions. Consensus was reached to have a separate work session to discuss the Assistant City Manager/City Attorney issue at greater length. Explorer Program: Consensus was reached to leave the Explorer Program to Chief Mark's discretion. Police Motorcycle: Consensus was reached that the time was not right for this issue to be considered in the budget. 7 Ocoee City Commission Regular Meeting May 6, 1997 Indianapolis Plan: Consensus was reached that there was no money available in the budget for this item and the time was wrong. Fireworks Display in Ocoee: Consensus was reached to study for safety. include the item in the next budget and bring it back for approval. Neighborhood Grants: Consensus was reached to set up parameters and give cost to Commission for next year's budget. Rocking Chairs and Benches for City Hall: Commissioner Glass, seconded by Commissioner Anderson, moved to budget $1770.00 to purchase 10 rocking chairs. taking the funds from contingency. Motion carried 5-0. Brick Street Restoration: Consensus was reached not to budget money for this item as the Public Works Director is already following the guidelines requested by the Mayor. Covered Walkway: Commissioner Glass, seconded by Commissioner Anderson, moved to transfer $6500.00 from contingency to facilities maintenance to build the covered walkway from the Police Station to City I tall. Motion carried 5-0. Tax Treatment of Car Allowance: City Manager Shapiro said that he would get together with Finance Director Horton and find a simpler form for reporting expenses. Under drains for City Hall: Commissioner Anderson, seconded by Commissioner Parker, moved to transfer $7880.00 from contingency to Department 516 to build the under drains for the City Hall parking lot. Motion carried 5-0. Additional Unit for Mailer Machine: Commissioner Glass, seconded by Commissioner Anderson, moved to take $5040.00 from contingency in order to purchase an additional insert feeder for the mail sorter machine. Motion carried 5-0. Resurfacing A.D. Mims Road: Consensus was reached to continue repairing A.D. Mims and write a letter to the County and suggest that the resurfacing be put in their CIP. 8 Ocoee City Commission Regular Meeting May 6, 1997 Commission Chamber Lighting: Consensus was reached to direct Public Works Director Corwin to proceed to obtain the three needed quotes and bring it back to Commission for consideration. City Hall Lobby Noise Dampening: Consensus was reached to have City Manager Shapiro and Public Works Director Corwin research hanging panels from the ceiling with chains to dampen the City I Tall Lobby Noise and report back for the next budget year. The public hearing was opened. Former Commissioner Gleason, 856 hammocks Drive, said he had received a call from City Ilall regarding clarification involving the $75,000 that he had worked for several months with Commissioner Freeman to get for new sidewalks on AD. Mims Road and Orlando Avenue, that he didn't recall if there was a motion on the issue, but he wanted to be sure that the Mayor did not divert the funds from those sidewalks. The public hearing was closed. Commissioner Glass, seconded by Commissioner Anderson, moved to adopt Ordinance No. 97-11 as amended by the motions just made($1770.00 for rocking chairs and benches for City Hall, $6500.00 for a covered walkway, $7880.00 for underdrains for City Ball parking lot, and $5040.00 for an additional sorter unit for mailer machine all to come from contingency). Motion carried 5-0. RECESS 1 1:17 p.m. - 11:27 p.m. OTHER BUSINESS PRESENTATION AM)APPROVAL OF QUARTERLY FINANCIAL REPORT. Finance Director Horton presented the Second Quarterly Financial Report and said that she was present to answer questions. Commissioner Anderson, seconded by Commissioner Glass, moved to approve the Second Quarterly Financial Report as presented. Motion carried 5-0. CITY MANAGER CONTRACT. Commissioner Anderson, seconded by Commissioner Howell, moved to approve the City Manager's Contract with Ellis Shapiro as submitted in the Memorandum dated April 29, 1997, from Personnel Director Psaledakis to the Mayor and City Commissioners. Mayor Vandergrift opened the floor for discussion by: 1) recommending that the new Commission be given the same opportunity that the old Commission had to interview candidates for the position of City Manager, and 2) asking Interim City Manager Shapiro if he had a Masters Degree in Public Administration, as all other candidates applying for the position were required to have one in order to be considered. To this, Interim City 9 Ocoee City Commission Regular Meeting May 6, 1997 Manager Shapiro replied that he did not. Mayor Vandergrift then explained that the Commission had to go back and correct a motion made by them to only accept applicants with a Masters Degree in Public Administration. Commissioner Anderson explained that Mr. Shapiro was not part of the search for candidates; that the Commission was just renewing his contract. City Attorney Rosenthal asked Personnel Director Psaledakis if there was anything in the job description of the City Manager which would preclude the City Commission from hiring a City Manager without a Masters Degree in Public Administration. To this, Mrs. Psaledakis said no. Commissioner Anderson, seconded by Commissioner Howell, moved to amend the motion to include and in connection therewith, that the Commission waive any requirement that the City Manager hold a Masters Degree in Public Administration. Motion carried 4-I. (Mayor Vandergrift voted no.) Mayor Vandergrift explained that the present contract included six months severance. The prior motion provides that upon the City Manager's contract running out, he receive his car and 30 days severance pay. So if this contract were adopted, then the six month severance has to be negated. Mr. Shapiro said that he was under the impression that if the Commission decided to renew his contract, everything in the Interim Agreement would be negated. Commissioner Anderson, seconded by Commissioner Howell, moved to add to the motion in connection with any acceptance of employment agreement by Mr. Shapiro, that he confirm that his existing Interim City Manager Employment Agreement is terminated and waive any right to the retaining of the car and the receipt of 30 days severance pay. Motion carried 4-1. (Mayor Vandergrift voted no.) Commissioner Glass expressed concern with Commissioner Anderson operating unilaterally and requesting that Personnel Director Psaledakis do a revised contract and then send it out. For the record, "I don't think it was appropriate for Commissioner Anderson to ask, unilaterally, without further direction from this Commission, nor for you, Peggy, to do that." Commissioner Glass then suggested that the contract be of one year, with an employee morale survey. He said he could not support a contract that included six months severance pay at this point, but would agree to a contract with two months severance. RECESS 1:20 a.m. - 1:32 a.m. Mayor Vandergrift moved to table Item VI. B - City Manager's Contract, and proposed to have a work session to discuss the structure of the contract more in-depth, hut the motion died for lack of second. 10 Ocoee City Commission Regular Meeting May 6, 1997 Commissioner Howell said he had proposed offering Interim City Manager Shapiro the same contract offered to Jeffery Broughton except to delete the items that did not apply to him; and to have the contract handed out to each commissioner to see what they thought about it. Commissioner Glass said, for the record, that he was not accusing Commissioner Anderson of negotiating a contract with Mr. Shapiro. Mayor Vandergrift read Personnel Director Psaledakis' memorandum dated April29, 1997 into the record. (See attached Exhibit No. 2.) Commissioner Glass, seconded by Commissioner Anderson, moved to amend the portion in the City Manager's Contract dealing with severance, from six months to two months severance. Motion carried 4-1. (Mayor Vandergrift voted no.) Mayor Vandergrift responded to Former Commissioner Combs' earlier comments about being a man of his word and vacating his scat should Mr. Shapiro's contract be renewed by saying that his comments were made out of frustration because of Commissioner Anderson's motion to renew Mr. Shapiro's contract after having spent so much time, effort, and money interviewing other candidates for the position. Mayor Vandergrift then recalled several similar incidents, i.e., several years ago Commissioner Combs had indicated that he would not vote to renew Mr. Shapiro's contract, but then changed his mind; and Mr. Shapiro had said that he would resign if Mayor Vandergrift were elected, but then changed his mind. Mayor Vandergrift related a history of frustration in his dealings with Mr. Shapiro, and said he had hccn told that it was just a personality conflict. Commissioner Anderson submitted a letter to the Commission dated May 6, 1997 addressing this issue, and asked that it be entered into the record. (Sec attached Exhibit No. 3.) The motion as amended read as follows: Commissioner Anderson, seconded by Commissioner Howell, moved to approve the employment agreement between the City of Ocoee and Ellis Shapiro as set forth in the memorandum from Personnel Director Psaledakis to the City Commission dated April 29, 1997, which was amended on several amendments: first, to eliminate any qualification for a Masters Degree in Public Administration, being made and subject to a stipulation that Mr. Shapiro waive any right to receive a car or a 30 day severance pay under the Interim Agreement; and that this would in effect supersede and terminate the Interim Agreement, and also with a modification of the severance pay provisions to provide for two months severance pay. Motion carried 4-1. (Mayor Vandergrift voted no.) Mrs. Betty Hager, 511 Orange Avenue, said that she was the one who made statements about the personality conflict between Mr. Shapiro and Mayor Vandergrift and explained Ocoee City Commission Regular Meeting May 6, 1997 that was no reflection on either one. She said she, along with most of the citizens of Ocoee, would like to see that all differences of the past be set aside. She asked that the Mayor follow the guidelines set up for the Mayor under the Charter, and both try to work together. PUBLIC WORKS FACILITY(WITII VIDEO PRESENTATION). Due to the lateness of the hour, the planned video presentation of the Proposed Public Works Facility Site located at 307 Enterprise Street in the Industrial Park was not given. City Manager Shapiro asked that action be taken, however, as a level one study has been done, along with a grant proposal, and he recommended approval of a $4,000 expenditure to proceed with the appraisal of this property for the purpose of negotiating its purchase. Commissioner Anderson, seconded by Commissioner Howell, moved to proceed according to staff recommendation with the appraisal of said property for the purpose of negotiating its purchase. Motion carried 4-0. (Mayor Vandcrgrift was not present.) DISMISSAL OF LITIGATION WITH ORANGE COUNTY(BELMERE). City Attorney Rosenthal referred to his memorandum dated April 29, 1997, and recommended that the City Commission authorize Foley & Lardner to dismiss the action filed in Case No. 96-3561, City of Ocoee v. Orange County. Florida. Commissioner Howell, seconded by Commissioner Anderson, moved to authorize Foley & Lardner to dismiss the action filed in Case No. 96-3561, City of Ocoee v. Orange County. Florida, subject to the County agreeing that the parties will bear their own costs and attorneys' fees. Motion carried 4-0. (Mayor Vandcrgrift was not present.) POLICY ON 1"/ SALES TAX PROPOSAL OF ORANGE COUNTY CHAIRMAN. Interim City Manager Shapiro explained the City would like to have a position statement by vote of the City Commission so that it could go on record. Commissioner Anderson, seconded by Commissioner Howell, moved to go on record as being unable to support the County Chairman's proposal as presented. Motion carried 4-1. (Mayor Vandergrift voted no.) STAFF REPORTS - None COMMENTS FROM COMMISSIONERS Commissioner Anderson: 1) Announced that the Letter Carriers are having a food drive Saturday, May 10"', and they may need help after 3:00 p.m. 2) Announced that at 1:00 or 2:00 p.m. Saturday, the Letter Carriers will be planting flowers and shrubs in front of their building and need volunteers to help them. Commissioner Howell: 2 Ocoee City Commission Regular Meeting May 6, 1997 1) Asked for an update regarding the retention pond at the Lake Olympia Townhomes. Mr. Shapiro said that they're getting the material to fabricate the grate. 2) Expressed appreciation to Chief Mark and his men for doing an outstanding job with the Police Department. 3) Thanked the Police Reserve Officers for doing a great job at the Big Orange Games. 4) Thanked the City Staff for the great work they did with the Budget. 5) Announced the RSVP number 656-2218. Commissioner Glass: 1) Echoed Commissioner Howell's comments regarding the Ocoee Police Department. 2) Commended the entire Commission for the way they handled such a lengthy difficult meeting. 3) Thanked Staff for all the work they did on the Budget. 4) Wished a Happy Mothers Day to all mothers. Interim City Manager Shapiro stated here,for the record, that an Ocoee Police Officer had transferred to the Orlando Police Department, but has now returned to the Ocoee Police Department. Commissioner Parker: 1) Thanked Staff for the hard work they did on the Budget. 2) Thanked Mr. Beech and his staff for allowing her to participate in the Big Orange Games and encouraged citizens to come out and participate. 3) Thanked Commissioner Howell for helping her out in the Wheelchair Slalom Course at the Big Orange Games. Mayor Vandergrift: I) Reported potholes in the driveway going into Wal-Mart off Maguire Road. 2) Asked for expressions of interest in his proposed Commission on Schools town meeting scheduled for May 29. He said that, as he needed assistance from staff, and no longer wanted to go it alone, he would cancel the meeting if there was no interest. Hearing no response from the Commission, he canceled the meeting. 3) Mayor Vandergrift announced City Manager Shapiro's birthday, and the Ocoee Rent-a-Choir sang Happy Birthday. ADJOURNMENT The meeting adjourned at 2:34 a.m. APPROVED Attest: City oIOcoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor Exhibit No.No. 1 Q. 1 „7t /g ;e Ocoee / yea o ,,© O SCOT ANDERSON ' ��or hobo` COMMISSIONER 1 W N.LAKESHORE DRIVE OCOEE.FLORIDA 34761 (407[5n-22 SECOND READING OF THE BUDGET 310 ORANGE AVE. OCCEE.FLORIDA :4761 MAY 6, 1997 407h5n,337 INTRODUCTION: I have a prepared statement that I would like to read concerning this mid-year budget . My statement is intended to apply to each budget process . STATEMENT: During the first reading of the Ordinance for the mid-year budget on Acril 29, 1997 the City Manager and the Department D- -em-ors were given the difficult task of responding to nine additional suggested items from the Mayor for consideration to the mid-year budge: which was on short notice . Budget work sessions were scheduled for Acr'_l 9 , 1297 and April 3 1997 . =t appeared that we completed our task as an =r- .d body on April 3 , 1997 by giving the City Manager a list cf items that we as elected officials `wanted to address add to the mid-year budget we therefore canceled the work session. of April 9, 1997 . A first reading of a budget Ordinance usually means that we have addressed all concerns and we are ready to Lead towards a second reading and final adoption of a budget . Mayor, you have a lot of good ideas and : believe that many of these ideas should be researched and :.T.plmented. do .--" eve we should agree as to what :he and Manager staff should be researching. want cc compliment the City Manager, :he -udaet Team, the a_ -he support staff for :ob well done . : know that you all out inmany hours to meet the short deadline . Mayor and Commissioners I fee: that in the futurewe should be agreement as to what should be c ven to the City Manager and Staff for research. feel that some of the items cn this list of April 29, 1997 have been talked about many times but have not been officially recueszed, through THE PRIDE OF WEST ORANGE 254—15 =2_=ac s--= :c-- -� .c.,_ -v_ �.� i,_P a-.=- ::Dt. - rn.u-.-i0- :'an C: - A.'c =.2- - - S2s0=-^.0 =C =c�E=v; -- c__a_c_ _cas ac_ ASD- e se.. st.L ros-eP y .=eco-ss-urjr __e7iLt ;c7 OAt _ _ _ ]Sc._.c_ ._O- , _. =2LC:SS-L':_C" a�ez 1sz' a iC-J=A . __c a:7 s^c ::pns _Ef.? ,c SUCC-7D-3OC 7D qt.:" DIIOT2 -aL2j ireT2_ _IIasazn ^' 7 D:_7:_7=2LT212 uct.zdt=xt _ N. L..=-2JaC Sy; C= _DH__..c_ tcti.'25C'C �.. _ ._ ]7r-� ••. '7s^.=' _ -'^_sa'JaC __S _-. = _C7_ -lit SBD_-_Y. -._ C-_c_-- 2' - ,._ C_ 1272g5TICZ= - ='Sasa_- SPN. _ c _sn: _ 7s =.2= cSS- CDV'EC.ss EZDVNY c - ND3VZ:NY lzs__ss CD :as L66T '6T Cr :VC 1,2I0:JSZT_C abtaosZaaa 'SMYVLL'uz E 7.D`JSc =bc 2SEDCA'E'A a:: =EEC= 'OZ:nzs S_T?:E NOCSSMiRCO SESSK n CN'Y Iron% E'I'eF antoa Eza. :az CLEAN DOCUMENT '�.YPLOY=TT AGA2£,'i^y'7 This Employment dareement ("Agreement") is made between the City of Ocoee (hereinat'n- _ee Emed to as the "City") , a municipal organization organised rd. existing under the laws of the State of Florida, with its of`- to..,rc,,; Sall, Ocoee. Florida and Ellis Shapiro 'hereinafter re . referred to as the "E.mn:ovee^,� VCW THEREFORE,CRr in consideration for the mutual'covenants contained herein, the parties agree as follows: Mantel/mane and Outiee A. Employment Eut'_ee, The City hereby agree s to employ F.:nnlpyee as Cloy Manager and Employee agrees to accept such employment, all subject to the terms and conditions sec forth in this agreement. Cnless otherwise provided herein, the Employee shall devote his full time as City Manager and carry out to the best of his ability all duties imposed on him by the City Carter, City Ordinances as .hey_ aow rca:, or from time to time may be chanced by the City of Ocoee, and sun'^, ocher _ut_as as the CLri Commission may from time to time reau:_e him. Subhest -_ of. such Charter and Ordinances. Employe_' will be in active charge of the management and operation of the City, including the hiring, supervision, evaluation snd "YscE_ -_ of a__ ___y employees subject to the acclicanle laws of the TintedStates, the Stage of . ____da, and Charmer and 0rdinances c_ the City now in existerte Cr as sczse—'='-`y adcpced, a'-=-a- or amended by the City. 3. ]_dl-v-_dual Commission members: Cndcvidua_ members of .e City __Commission: _ .. stall not involve themselves :n -'-" __._.. ____ day-to-day -:a-_ace^..en_ oll- _ ad::-• --Eaton of the e.^:oviten^ r-_- pc� xtes of the r relating to hirin , evaluation, disc'-' '-e. -_•--_:-n and s rervision, 'unless otherwise v. _"d '.._o_e_:__ Cr .. _ as any tray-lied in :he City Charter zr .Ordinances now is. existence or as may be sunsecuent_v a'-e-am. adopted or amended; :rcvi_d, however, the City manager, stall :ceeo the City Commission advised of all d scic lnar/ actions more severe "Pan a suscension without pay and all terminations of City emcicvees 'which are involuntary, excetc termination Cf probationary employees. ___ ___ _! Maraaer shall also advise the City C]2:myj5lOn of any and all demands L_r arbizrazinn, administrative charges or ' -at'on- _ and keep :he City Commission, updated as to the status cf same. The City Commission shal` retain the sole and exclusive right to determine 'whether to settle (includinc the terms of any settlement( or contest any and all claims, or threatened claims involving the C_ty, and emwieyees acting within the scope of their authority as City employees, including those claims related to the City Personnel Rules and Regulations, extent widen by official action, the City _Tm]-]51C._ . determines. Cr the law ot herwise provides. 2. Term: The term of employment under this Agreement will commence May 5, 1997 and end May 4. 1999, unless earlier terminated by either party as provided in Paragraph 7 below. The Agreement shall automatically renew for periods of one year unless either party gives the other written notice of its intent to modify or terminate same ncc less than one hundred and eighty (19a) days prior to May 4, 1994 or one hundred and _ichty (190) days prior to May 4 of any renewal year of t _- .._ Agreement. - Compensation 9 3enefits A. The City will _Employee paw ?mpl ._ ___ all services rendered and performed hereunder. a salary of 594, 525.Ca per arm um. _: equal in stallments paid Si-,weekly 7.5 pay periccs p r annum) , or as otherwise mutually agreed. 3. Employee's job performance wi ll to reviewed and evaluated annually by the City __mm_ssicn prior to Employee's anniversary date of . employment and scarl be discussed with nmplcyee by the City Ccmmcssinn or __ ... __., designee. Other reviews may at .. _ _ _ _ C' eases Employee's , be mp 's salary, shall __ _ lilt .oaten by the City Commission, Cr its desig-ee with the Employee in conjunction with _mcicyee' s annual c pet__ anti __view, and any changes must be aCCrved _ - . - _.-_ ___/ Commission. Fringe 3euefita A. (1) Emolovee shall be for ihle - r and par_:cpac2 in all fringe benefits uniformly provided to Jepar_menc Heads cf the City on the same 'oasis and under the same conditions as provided to said emolcvees, ._.less oche-uise apes-- ='-a 'y trovided Here__, or unless the Employee and City Commission mutually agree otherwise. (2) E _ovee shall be e__:_ __ for life insurance at two t s Imes his annual salary as outlined in the c____.._ insurance contract. 3. Employee shall be assig ned a City vehicle under the following conditions: (1) The City shall pay all insurance premiums on said vehicle. (2) The City shall he responsible for all exseeses r__vt__ Co the vehicle and keep it in coot we_<:ng ' . (1) The Employee shall personally keep the vehicle in _ --t'dy coati Con at all times. (4) The Employee shall be allowed to use the vehicle for personal use within the Tri-County League of Cities boundaries. C. Scu+omene The CityEmployee will___ furnish a beeper and a portable cellular car --hone to be used exclusively for City business. Use of the cellular car prone to contact Employee's spouse or other members of his family residing with Employee shall be considered the business of the City. Employee may use the _ .es for personal matters provided hethe reimburses City of -.._ cast above the regular monthly bill of all such calls. C- Cues and subscriptions Subiecc to presentation o- -pool ___ —ts or invoices, Employer agrees 70 budge: and _ to pay for the _rcfess_ana'_ dues and subscriptions in an amount not 'less than one thousand dollars (41, 0oo. l0) per fiscal year necessary for _molovee's continuation and full Far-'^.^ac_cn __ national. recional, state and local associations and organizations which Employee determines are necessary and desirable for 'pis continued -profess:nap pa—'_.-a- n, cmwth and advancement, and _ rood `_.. .,_ player. Ad" -'- , -he C_zy snail for_ay acne:- memberships and iL^scrCp CC[s on behalf of the ee nmg ov whichth e_, City, in its exclusive disc-=-:-: scar^yes in Z. Cszn=ticns (1) : dyer heresy acrees zo budget and so pay the ra cism:cation fees, travel and subsistence consistent With subnarac:anh . belowfor attendance Sven _ --. ee as a member in rood standing Co the annual meet'nc or_ convention of the =_termaticna'_ C_v Management Association, the Florida :eacue of Cities, the Florida ..__! and Cuunty Manager's Assoc:a-'__n and the National League of -aacve .. es. (2) xd.:._:_•'a-ll, __e City for a__ ocher ray - ' - meeencs, seminars and 3 short courses attended by the Employee, which the _ City, in its ., exclusive discreccn approves in advance. (3) Alp expenses shall be reimbursed in accordance wi th the Clip. poi:_y aool_canle to all employees. - - Sernrrsd Ccmrensaeion. In addition to the salary paid the City agrees to ton__:b.. ., a.-� . ._..____..te te^, percent �.__ „ Sale salary of , a_ the3r..c�,,,yoo up to 57, 500. 30 annually, into the =IIMA-RC -^^. -^^ie.^.c plan an Employee's behalf __ equal proportionate amounts each pay period. The payments made hereunder are made in lieu of Employee's pa--".-cation in the City Retirement Plan, which. he voluntarily elects not to parcicioate in. The City agrees while Employee employed by the City to execute al: necessary agreements provided by the ICMA-RC for Emolovee' a continued pa -'ration in said ICMA-RC Retirement plan. 5. Extent of Services and Sours of Work A. Except during periods of illness, vacation. or absences of a day cr more auto-- by the Mayor, or his designee, Employee will_ _ devote 'nest efforts to the performance of his duties and resccnsib"- - -s under :his Acreement. Nothing herein will __m__ . _ ' c to make passive investments, co oa-- "pate -ace :n Employee's-� rig: _ rear' _^I - service and oroaniracions, ocher community activities and trade in rofessiona_ _rfaro_-aeons or to rdertake other activities which - do act with the performance of his duties hereunder, im - - being mutually _agreed that his pa___c__a.__n in cna___aoie service, other community activities ,_ s, and trade and professional organization is to the benefit of the City. Employee- _- spa:. :cc otherwise be emtioved on a full- or hart-time basis without :He __ of :he __fly t n ssit . _ permission 3. Employee shall be "on-call" 24 hours a day and agrees to make himself avai:ah:e _s rc_crec _flat Employee' s - -s as City Manager aea- e_ time outside of nnd_ - e hours _ :s also recoonized that Employee ls r____r__ to devote an unspecified amount of time and energy to carry out those =^ .-s with the highest amount of professionalism possible and than because of :he "24-hour- nature of his responsibi"--=s, _n -'_ ^ with his private life is to he erected- That being the case, the par yes recognize that Employee may Choose to take occasional cerscnai time off within 'witr_n the general area of the City -d Ocoee _.ng the C_ty's normal business hours, when his duties allow and a hisill not the e="- absence will - - � � � '- Wit •e.^.t operation of City business: provided, however, that he is at all times reachable by telephone or beeper and thereafter is immediately available, except during periods of illness. vacation and absences approved by the Mayor or his designee. This time off is act ..t considered vacation nor compensator! time. Employee aces that at ail times, including personal time as set forth he rein...__- . __ will conduct himself in a ;- 'ess icra: nail-.er and act bring discredit to the City or to the operation of its business. The Commission will consider Eacloyee•s use of personal of f p.f during its annual performance evaluation of him/her. 6. :ndemnifiedeion and Cooperation A. The City- shall defend, hold harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action for which the City is legally responsible for actions of Employee acting in his capacity as the City Manager and are within the scope of his authority and employment as City Manacer ecm s b: - to applicable law and the City Chance- and Ordinances, and any __attatcens __n_atnep therein, 3. :n t:_ event of actual or threatened " _ - "dCl]n and/or administrative %__vcl-a^c the City which arise out - of the =ner3C LpR or actions which occurred or are a__eced to have et_..__e,.; _ _ wool=_ _mp'cyee was the C' -y Manacer of the City of Cccee. =mtloyee will cooperate with the City and it s_a' counsel in 355 t5t"nG_ the City _n every legal tanner to _e Ja 1 is: said _do _p. The City shall pay Employee' s reasonable travel expenses and _subsistence ernerises inc`—=`+ away from s :tome _n- :^ _ _ ._ _ .. _idle_ n ___ mn.. actual _ __ __ __ __ discovery. settlement and _y_ _ all said motionalC. __ lap=over further acrees that unless regired bylaw, he will cot r wile_ _r ass:sz any part- tersca, entity who has, had or may have, or asserts that he has or may have any claim of any nature against the City, its agents, of'' ----, employees, City Commission members or representatives. without the express w---- _ permission of the City Commission, or it s der`more. O. - shall m confidential ot disclose any information involving the business o ___ co any person or entity w -___act the v_:__>^ of line perm_ds:cn �_ City_ _ or - required ___nor._»__._. .___ des>nee. ,•_' _ ___ _ "� unless e�p - .-. CC iC by law. 3. '.e$__: __:_ns set forth in -atL^par3cr3^.^s C and ] above shall act aptly in instances of governmental entities with jurisdiction over a claim pf a violation of law. 7. Resignation and Termination A- Resignation: Should Employee resign his employment: 1. Employee shall receive no severance pay or benefits under th Agreement, as may he otherwise orrv__d - a- ^- _ _-. __.. City . __..cr_e_ 3u_es and Regulations applicable to him if he resigns his employment. This Agreement, except for paragraphs ea, 3C and Et., which shale remain in force and effect. for as long as the law allows, shall be automatically canceled, and except as to those paragraphs that continue in --______, neither Employee nor the City shall have any further obligation one to the other under this contract or otherwise. a. Termination by the City: 1. Subject to the procedures set forth in Article EV, 5 C-22 of the City Charter, Employee and this Agreement may be terminated ac any time at the wiLl and pleasure c_ :he City Commission. -. Except as provided in paragraph 3 below, and subject __ subparagraphs i ,c: -_ (e) below, if employee is __voluntarily terminated du_ _c :he -arm of this Agreement, he shall he paid severance pay under conditions sec forth in subparac_-aphs (a) -(h) below. A vote by a majority of the City Commission to offer employee the opportunity to voluntarily rest= in lieu of involuntary termination. shall be considered an involuntary termination under and subject ._ one __ d___ons set forth in :his subparacrath 3.1. (a) Six in) months salary, however _here shah_ be no severance due in the event this Agreement is not renewed or extended. an) E oyer shall Continue to pay for :he rem__m necessary to provide Employee _rcup medical insurance an the condition Employee files a timely election under CCaRA m•---g the period he receives severance under subcaracraphs (a) cr I_1 above, just as if he had remained actively emol_ved during the period he --7e4ves severance. but subject mo the __ „__cps se_ forth in stboaracraph 0 (e) below. (e) Employee complies with paragraphs 65 through 6E of this Employment Agreement (Confidentiality and Coccerat:cn) . (d) Payments to Employee shall l he reduced by any amounts received from wages from ocher employment (except other employment Employee held wait: Was unproved by t ne City under paragraph 5A) , disability insurance, Social security or life insurance, if any, provided by the City. (a) The City shall ro longer be obligated co pay the premiums for Employee's group medial insurance under subparagraph (b) above once Employee has obtained employment with another employer who offers group medical insurance for which Employee meets that employer's e'_ic"• ' -y requirements, or after the period during which Employee severance pay from _.._ City, whichever first occurs. (-) As a Condition to sa meats provided_-__ icier this subparagraph 1, the City may require -Employee _ _ _c provide a statement of ear:inos on net more than a monthly basis, which statement shall include the name and address of all employers. ._e City reserves t__ right to verify such rencr^s. :c) _con _ar_na___n _ nnis Agreement. neither Employee the City shall have any obligation one to the ocher except _as set f_ in ?aracrath oa through :52, for Yoder mte City ?erscnitel Rules R Regulations applicable to .^.I as an Lzvoluncarily terminated Employee, Cr as otherwise provided in aSas Agreement. (h) Employee shall execute a release of all officers, members, City _omm_ssibn members, employees and _ -eseetacives of any and a__ rights he/she has, had Cr may have arising out cf his employment or __ cessation thereof under this Agreement and all applicable federal, state and local laws, including but net Limited to claims of illegal discrimination, i.._enticcal and unintentional torts, and all ocher types of claims whether .'clown or unknown through the dace of his termination. (i) _n the event the form of wave-..rein of the City is chanced to a strong Mayor" or similar form of government 'or whin: there is no City Manager, Employee may elect to voluntarily resign, in which event said resignation shall be treated as an involuntary termination under paragraph 7.3.=. and shall be subject to all of the subparagraphs sec forth _herein; provided, unless released by the City, the employee agrees to remain actively employed for thirty (3a) days after the "scronc Mayor" or other chief executive officer under a similar form of cave_^..me.^.t Cakes and during that time assists In the transition. ___ _n. ft) L_ the _went Employee is _____led Co severance pay fr om :he City, :he City shall in addition __ the severance pay, premium employee the amount cf premi the City .._ty would have paid for employee had he remained emcicyed during the er_cd of his -- of severance oay. 3. 74_e C_cy snail have no obligation to pay any compensation or t_ provide _...___wee grtc^ medical __ her eunder under parse-afro _ unless nerwise . •• e� e y 13wif he •s' ]erll.^.aC2d for _-. _ any or combination of the f-l'-wiito reasons: (a) __sccnes_v with respect _ __ _ __ __._ xstress- a__ _-pill"^ __ tie City. CS) violacloa of the City drug policy. (c) Refusal to coccerate in an investiwcion involving any aspect of the Sus mess or coeracion of the City conducted by _r a_ one e' __ -_ (d) _onv_- „r pleading _u:_ty noio o __ fe lony _ _ _..__odere co a colony or ___me involving moral turpitude. 0 (e) Causing the City to be found in violation of raw through gross neglect or + 1 -••1 or intentional conduct by 3 mnioyee. xcept as may otherwise be required by the City Charter, in the event Employee is charted with a felony or crime involving moral - de, the City shall have no obligation to oay E ^1 ogee under daracrapn- _ =less and until a uoicrent Cr acquittal is entered by the Court. 3. Notice and Consent: Any w' afl or ocher notice required by this Agreement shall be deemed delivered as follows: A. As to the City, when delivered by personal service to the City Clerk at the City Hal ' during the regular business hours of the City, or by Ce- e^ or Registered mail to the City Clerk at the City Hall, said delivery to be verified by an executed Certified or Registered mail receipt, sinned by the City Clerk or the City Clerk' s designee. 3. As to Employee. by personal serr tie co him o_ via _._,. _ or Recistered ma__ no him a: the most __cent mailing address set forth perscn__e_ records. 9. Miscellaneous: A. The C_zy ?_rsonnel Rules and Regulations as they now exist Cr as they may be later mcC=Led by the City shall aptly to ?mtloyee excenc: 1. when inconsistent with :his Acreemenc Cr :he City Charter. Section __. ]9 loncevimy Pay. Sectionsc_d a r iC /Terzi ation' and Se"_-^^ _a )Grievance Procedure) , shall of apply to 3.-olovee. 3. Che : avo_ __ esi nee. l . _ .__� eta__ pe ___ amr.,tssccn MemSier with whom Imas _oyee sea" --a --tract between :he City Commission and iris office with rester: to .,__ duty __me. mp_oyee shall reside within the City limits of the City of Ocoee, ur=ess =_ City Commission agrees otherwise. _- :he City Commission so agrees, the dcreement shall last touch :he term of this Agreement. J- This .agreement shall be _: - , ccnscrded and =overned accordinc to the laws of the State of a. _._ event m= -'^a:ion _0 _nf_rr_ t_s 0 Agreement, the prevai'-ing parry sal_ be err:• '-d a reasonable at[ar-ev' s fees and costs in addition to any ocher relief to which the prevailing g party is erci L'eC 'a. accordance with applicable law. a. fro amendment or variation of the terms and conditions of this Agreemen shall be valid unless in writing and signed by the parties. F. The Employee' s r-pets and cbligatiocs under t.._., Agreement are persona_ and not assignable; provided, however, in the event of Employee's death az:v accumulated but unused benefits to which an Employee's heirs and executors are entitled under the City Personnel Rules and Regulations shall inure to the benefits of Employee's heirs and executors to the same extent as all other City employees . C. The invalidity or unenforceability of any particular prevision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. This Agreement supersedes any and all ocher understandings Cr acreeme^ts, whether Y _ .^. or oral, and car^-: "'tes the complete and full aareeme.^._ between _._ ta___es, and may be mCd' ---.' only the wri-t_.. agreement a. employee and the City Zcmmisatcn. C_T? CF CCCEEref. P LCYEE 3v: Ellis Thaptro Dated: Dated: 10 WORKING DOCUMENT LANGUAGE TEAT HAS BEEN ADDED HAS BE SHADED IN LANGUAGE THAT RAS BEEN DELETED HAS BEEN STRICKEN TOUGH SEI€IEII-_IN ._,__-, -_5L' EM?LCY .y^' AGRE 1= This Employment Agreement (".Agreement') is made between the City of Cccee (hereinafter referred to as the "City^) , a municipal organization organized and existing under the laws of the State cf Florida, with its office located at City :Hail. Ocoee. Florida and - ffr_v - eA.1:.ice '.dge-ree= ., ti- (hereinafter l aEr..�s;:`Shav�=� (here:aaz t=r referred to as the •cnvleyee") . NCW TIrEl7dEFCFLE, in consideration for the mutual covenants contained herein, the parties agree as follows: 1. Employment and Duties A. 3`aplovment tuties: The City hereby agrees to employ Employee as City Manager and Employee agrees to accept such employment, all subject to the terms and conditions sec forth in, this agreement. Unless otherwise provided herein, the Employee seal_ devote his full time as City Manager and carry cut to the best of his ability all duties imposed on :Tim by the City Charter, City Ordinances as they now exist. or from time to time may he -char. ed by S ._ City of Ccpee, and such other duties as the City Commission may from time co time - _ __ to Cr:artar and Ordinances, Emolayee will be 1 n active Charge of ne T.d:.aCemenC and operation of the v, including tne Hiring, supervision, evaluation and discipline of all City employees subject to the atoneable laws of the United States, the State of Florida. and Charter and Ordinances of the City now in existence ar as subsequent__ adopted, altered or amended by the City. 3. __d_._d_a_ ss_on Members: :nd_v__ua_ ',er.cers of ___a_ Commission anal_ not involve themselves in the day-to-day management of the __, City, =clzdjza _e ad-inistracl ,_ of the _ __vmen -.Cli theCityrelating C _5 .. evaluation, discipiine, retention and sute visizn, unless ocher-wise ste _a J v__d herein, or as apt _ally provided in the City Charter or Ordinances acw _ 'mister ar as may be subsecuelc'' a ter=d, adocced or amend. ded, Provided, however, the City Manager, shall keep the City Commission advised of all disci;l ry actions more severe than a suspension without pay and all terminations of City _ ___ ees wbith are involuntary, extent _erminar-on cc probacionar, emmicvees. The City Ma-aces shall also advise one City Commission of any and all demands for arbitration, administrative cartes or ____cation and keep the City Commission updated as to the status of same. The City Commission shall retain the sole and exclusive right to determine whether to settle (including the terms of any settlement) or contest any and all claims, or threatened claims involving the C -ty. and employees acting within the scope of _heir authority as City employees, __civalnc sncse claims related :_ Zit!.he _ _ . __�.._.e. aides and Regulations. axes;;[ when Cy official action, the City Commission decerr_nes, or the law ache-wise provides. ^e The term of employment under this Agreement will commence May 5, 1990 and end May 4, 1999, unless earlier terminated by either party as provided below. The Agreement shall automatically renew for periods of one year unless either ?arty gives the other wm --e^ notice of its intent to modify or terminate same not less than one hundred and eighty (130) days prior to May 4, 399 p- = one hundred and eigrity (130) days prior to May 4 of any renewal year of _ _- :_ Ac==ewer.[. 3 . Ccmnensarnn . 3enefits A. The Citywt__ pay Employee for all services rendered and performed. hereunder, a salary or ,_ 5&4„a'35 ZQ oar ar.num, :n equal installments paid _i-weekly (25 pay periods per annum) / cr as otherwise mutually agreed. 3• _ _tyee' s pcb performance will be reviewed and evaluated annually by _, _. ___ ___i Cuvurissiaa pr:r to =;np_ayee' s arrive=sari �: . _ _ cats .,_ employment and shall be discussed r t- =—_cvee City __: __ Zr _.., _ .. - ,._»___ __ its nevi e=. reviews may be conducted a: the _iac______ of the City Ccmmiss:cn. _.___ C. .ncreases in Employee' s salary, shall be . eGC-CdLed by the City =:TT_a'sipn. or its _ Employee son9ur .. with __ -- e_pye 's annual :tot _e_ ante review, .d any chances must he approved by t- -____� Commission. 4. .-_ace 3ene'_its A. (1) 3mplovee shall be eligible for and participate_ -in all f_ince 'umorm_y prnv:^ems____ t., Oepa=[meat :ends of the City on the same basis an_ under the same vend'-:^ms as provided to said employees, =._ass otherwise ire^___- _3__( provided herein, or unless the Employee and Commission mutually agree otherwise. (2) __ rii; i ^• 3eeed as is .i _.__..9na: _-a _ 3 - _. r?Yec aliiil ie et_' iie e; •or'T4re;:insurance ac two' tames ...... ....... raze a r a* sara_l as. c r r.ed. r. the:cJ sumac c--:arrant lc eevad _ '• z „� a� a..b - a,.ae: Z iux4.._ rah` ___.,c 3. - — -. :•.. a _a_ ___a ee .. ,_ ..•1• . :9 _ ,o..,... >mglnvee hair Be assx�.er eety • under the :a11aw_rg conditions: a , _ City shall. gap ad ansurrance premzums Win, said zet%rxce _ _-, . The CGy„•shze-a+`•sai es._ _s_w.re. P all• arteries re/ate& to-the ven cia aT n =keen Itin gcad,warking order.. _... _a ' , e recta a . _a: __ ___ ?_ ____e::j__._] [] ]r_ =ae 1 __...v_.. __ _•_B.]_: _. _.� - -. -_a_- ThiEmploime sham _c sc-a1*-rkrn the- 'aisles 1'n • dy' condi on:.at:'aTI tins:; (4F= Th Serp2nvee SnalT a 'awed tc use thc ve cle fargeracval u se vs°•' the rzmCounty,Zeague ae C'Eles 9cuuefi ems:" ._.u.. C. :auiomeue The City will furnish Employee a beeper a..a f ;a- a, ' f_i t.._ '.-. __ and a portable cellular car _e tone co be used - vely for ..__y business. Use of tze cn___alai car p .e to contact 'Employee's accuse or ocher members of is - ^`^Gamily residing with Emplcy.e shall be considered the business of the City. Employee may use the t- e'_ephcres for personal matters provided he reimburses the City of the cost above the regular monthly Sill of all such calls. 0- Dues and Subscriptions Subject to presentation of proper receipts or invoices, Employer agrees to budcec and to pay for the professional dues and subscriptions iz an amount not less than one thousand dollars ($:, OOd.dt) per fiscal year necessary far Employee's continuation and full participation in national, r_g_enal, state and local associations and organizations which Employee determines are necessary and desirable for his continued professional pa______ac_o.n, a___wt and advancement, and for tze =cod of the Employer. Additionally, the City snail pay for ocher memberships and- sllis C'^Ccna on behalf of the Employee, whncn the City, in Insy_ exclusive disc-=^^n approves __ advance. -- Conventions 11, „player hereby agrees to nudcec and to may the registration fees, ass. travel i.d subsistence consistent / i bcaraara;^. _ below attendance _ Employee as a memce cod ace:od_ca _o thefor ac_ua_ aeet__g. or convention of _:_ Caternat_cnal City Manacemenc Association. the Florida League cf Cities, a t__ __ -. _ :aunty Maaace s Association and taa Nat_ora.T teaciae rof Ct es. (a) id ^a1:y, the C- -7 sna. - _ . . - seminars and short courses attended by the Employee, which the City, in its exclusive discretion approves :n advance- (3) All =r_enses shall be reimbursed in accordance with the col icy c! aca___aL_e to all employees. _ _ F. Cefered Comnensacioa: =n addition to :he salary paid to the Employee, the City aczees no contribute t__ pe_____ (:0?) of the base salary of Employee, up a to S'), f00 .00 annually, into the :CM:.-dc r :__ e__:ement pia.^. or. Employees Beha" in zeal proportionate amounts each pay period. The payments made hereunder are mace in lieu of Employee's participation the t..e City Retirement play., weir; he voluntarily elects not to participate in. The City agrees while Employee is employed by the City to execute all necessary agreements provided"'rtded by the :C+A_dC for __ continuedcontinued,, par__tipaticn in said :C4.d-3C d - men- 3iar...; 5. Extant of Ser-r:ces and 3aurs of Work A. Except during periods of illness, vacation, ar anseaces of a day or • more aut 0rired by the Mayor, or his designee, Employee will devote his best efforts to the performance of his duties and respons:b• l :^+es under this Agreement. Nothing herein will limit r' Employee's c': nt to make passive investments, to participate is charitable service and orcazi _- tin:at'_..s, tithe- community activities and trade fesscona_ :r_ani:acions orto _..___ 3ke ether activities .s which do not with the _e___rma-ce cf .__s ..___es itHereunder, '_- •• '� u•�.:..: oe1IIC mutually dG:vod 3______ that his potion _a cha___.anle service, ocher community activities,_ _ activities, and trade and professional o_ra..__aticp is the__e benefit of the ___i. Employee otherwise he employed .. shall Eat on a ____- or par_ ._me basis without [ _ w_ __ of pe:m:ssmn one City Commission. 3. rmoloyee shall be ' -_.. G3__ ' _- hours a day and 3Q-== 3.Jd1_3 __ as .- _ _ _ agrees to make himself _eefef __ _.a _ r tort that ':vee - _ _...,_ '.._- ems e' zy Menace.: a great ieaI of tome outside of normal office is � also - '_ Employee is -s.+ 'evcte an unspe-'= �.+ __ca. ____ ___ amount of time and energy to -a-:'/ our those fuzies w -___ the highest amount of ___..�_a5_ - : oCOn3 Csm OCSaihl= and acat because n_' _e '_i-]ou:" nature nc,• _ his :'-s-ors"'^i' -_' es, --__e_o^- privatee_ _ life _s _o be a ected. That be: - the case, the parries recognize that Emnioyee may -"rose t.. pate occasional persona_ time off within the general area of _ City of :coee furiz= the City's normal business hours, when _ his duties allow and his absent.. vie_ _c ----- __ w__.. e--.- .,^t _-p"' eractn of ___7 Business: v _c•wever, that 's a: alltimes reachable __ by -' ^'lane or Bee^er and _e _ea is mme 3_ay a•ai_ab:e except during periods of illness, ''3C3Ctp and absences approved by the Mayor or his designee. This time off _a noc considered vacation nor compensator? time. Employee acrees than an all times, including personal time as set forth herein, he will conduct himself in a professional manner and not bring discredit to the City or co the operation of its business. The Commission will consider employee's use of personal. time off during its annual performance evaluation of him/her. TS_ ]it_ .,zti_ w _ __r a.easa..d ___eamiat - '..co .e _ .g a..9 r_.oeatlee f__,. :.ia etr_C„t :9„R_ _., a:. -!_.la, T__ale„eee, f__ _". _ _f a.., :.__d, _` ..y, ih- dC. _ wit to Jae: 7n1 r _._ . —� `_net is __ __s - •- ..eat a,.A.._ ".a ._.. =er ille!!�. cd '.y �._.. Gov_ a..aB3za,d^Y e-Gv tndemr_f_cation and Cooperation The City shall defend, hold harmless and indemnify Employee acai:st any _-a_• ' . _% c_a_m ,;r demand or ocher _a^_a_ action for bairn _e City is legally responsible for actions of Employee acting in e City Manager and are within the scope of his authority and employment as _ ity Manager sub—jet: to applicable law and the City Charmer and Ordinances, and any limitations ocz:3_ed therein. 3' theeven[ of actual eatene^. limicanion and/or administrative wn_nn arise out of :he operation or actions was n occurred or are alleged to have -C^•--^^ wC'_e p Cavee was theof __ _ _ - _ CityManager �_.. City of Ocoee, Employee will cooperate with the City and its .counsel in as stsr-g :he City in eve_y legal manner __ _ova__ _z said action. The City shall nay _ryi_vee s reasonable _rave_ expenses and subsistence expenses incurred away from his home incurred in preparation for and actual discovery, settlement and trial of all said C. —lov-e fir-_her aces that unless - _ -=dbY law, he will not cooperate with or assist any party, person, or entity who has, had or may have, or asserts that he has or may have any claim of any nature against :he City, its agent„ _": _e _ve-s, City Conrn ission mem hers or sentazives. without the express w-- -en permission of :he City Commission, or its designee. Employee shall not disclose anyconfidential information c-•• involving the business of the City to any person or entity without the a - ;emission of the City Commission, or its designee, unless required to do so by law. 4- Restrictions set forth _n subparagraphs C and 9 above shall not apply '.h instances :f rave—mental 2•-_: -'-- wi-t jurisdiction over a claim of a vio:a_car. Cr law. a-^»y. Resignation and Termination A. Resignation; Should Employee resign his employment: -- Employee shall receive no severance pay or benefits under this Agreement, except as may be otherwise provided in the City Personnel Rules and Regulations applicable to him if he resigns his employment. 2. This Agreement. except far paragraphs ;-53, and gez. which shall remain in force and effect for as Long as the law allows, shall be automatically car. and except as to _hose paragraphs :hat concinue in ^_r neither Employee ol re City shall have any further obligation one :u the crier ride_ this __..c_ac- or otherwise. 3. Termination by the City: Subject to the Procedures sec - ____ in _ _' _ _ _ City Charter, Employee and this Agreemeent may �•- ..e terminated at any time a: the will and pleasure of the City Commission. -. Except as Provided __ Paragraph below, and sts;ecp to subparagraphs 3 'c _ _subparagraphs -_!2! below. if Employee _ ___ _- is involuntarily-/ ..lops:a_ ._..____� ]:2 __'m a Agreement. he shall be paid severance pay _ _� - _ --.._ :he conditions sec forth in subparagraphs (a) -(h) below. A vote by a majority o= :he C_:7 Commission _ emp_cvee _the ..—: --r ___ .roc i.,_m-: -.r _ it eslcz deu of involuntary _roil _a s , shall a _ins: .:=••_.: an =vci'_tar/ termination under and subject to the conditions set forth in this subparagraph 3.2. (a) Six (6) months salary, 'However there shall be no severance due __ the evepe ___s Agreement is not renewed or extended. (b) Employer shall continue do may __- :he premium necessary to provide c Employee Emp_lroup medical_ _ insurance or. the ____icon me ee Empl_oy files a timely J election tinder COBRA during the period he receives severance under subparagraphs (a) or (b) above. ;usc as if he had remained actively employed during the period he receives severance, but subject to the conditions set forth in subparacrac. _, below. Cc) Employee complies with paragraohs =;'a through c -c^ c_ Employment Agreement (Confidentiality and C000eracion) (d) Payments to Employee shall be reduced by any amounts received from wages from other emoloymenc (except other em➢ioymenc Employee held which was approved Sy the City under paragraph $A) , disability insurance, social or lice insurance, if any, provided by the City. (e) The City shall no longer be obligated to pay the nremioms for Employee's croup medical nsurance ander a':L^.paragrap.^. (b) above once Employee has ontained emoio:T.en- another employer who offers croup medical insurance ___ which Emcl^vee meets that emp'over•s _ _ - - moments, or after the period during which Emnlovee --^ :ves severance ray from the City, whichever firs: occurs_ (f) As a condition to payments __v . - _ded 'urger this Suiscarac=aoh _, _-r may _.• _ _ a statement of ea—linos on pot more than a monthly basis wh _ statement shall clude the same and address of d ll am^_overs. The - -__ ___ reserves - to_ vet- -___ ___ y such reccrts- (4) Coon termination of this Agreement, Emoloyee neither r nor the City shall have any obligation one to the other except as se- =orth in Paragraph through 44E. for accrued benefits, if any, to which Emtloveet if - is entitled, any, vtder the City Personnel Rules r 3ecu_aticns avaiicable him as an involuntarily -ermisa:ed to oche-wise -rov:ied _.i chi:, Agreement. (h) Employee sha11 execute a release of al' c^c+-ors, director, members, City Commission memhers, employees and representatives of any and all rights he/she has, had or may have arioing out of his erncicyment or the cessation thereof onder :his Agreement and all ad: icable federal, state and local laws, including but no: _:sited to cams of __legal discrimination. intentional and unintentional torts, and all ocher types of claims whether known or unknown through the date of his termination. (i) :._ the event the fora of goverment of the City is chanced to a "strong Mayor" or similar form of government for which there is no City Manager, Employee may elect to voluntarily resign, in which event said resignation shall be treated as an involuntary termination under naraorach +7.3._. and snail be sunject to all of set fort_ _herein: crovided, unless ___eased by to City, the Employee arees to remain actively employed for thirty 30) days arts__ the 'scrcnc Mayor" or other on___ executive officer under a similar form of_ Eve—sent takes office and _ .g than time asslscs in the transition. ij) :n the event Employee is entitled to severance cay fr om ._ 7.12 Ti:-, shall 3d" _: ^n _0 ___ severance _ay, pay Employee the amount of , rem:'um the City 'would have -aid for employee had he remained employed durima the :er_od of his race_ - of severance ^ay. _. _._ 7nity shall have no _o _ann to ray any compensation Or to provtne Employee --cep medical insurance �under -aragraen _ hereunder unless otherwise r__ ___ by raw __ he is terminated for any or a combination of the ny: C reasons: (a) __shortest! with respect to the business and Aeration of the City_ (b) Violation of :he City drug Policy. (c) Refusal to cooperate in an __ve., iga Cpa _"�` nvc2v_n$ any aspect of the business or operati0n of the City conducted by or at the direction of th e City. (d) Conviction or pleading. gLLllty nOSo rpa t9nd2re t0 a fe lony lcry or crime involving moral turpitude. (e) Causing the City to be found in violation -.._CLLC1 gross neglect cr x , or _nteac:cnal conduct by Employee. Except as may otherwise be required by theCity Ca -Charter, is charged with afelony . the event Employee or crime involving moral turpitude. the City shall have no ob.lica Con to pay Employee under paragraph 2 unless and ac u the ittal is entered byuntila judgment of Court. 3,-at Matta, at. Any written or ocher notice required by this ,4areemeat shall be deemed delivered as a.L ows: As to the C__._/, when delivered by t 2_scra: service to the C Clerk t_> City s__ during regular pll5]ne5a hours of City, -Rectstered mail to the City Clerk at the City . . - - a__, said Certified� delivery -^ be ve-: - by executed or Recistered mail receipt, ,_fie¢ by the City Clerk Cr :he__ty Clerk's desenee. 3. As to Employee, by persona/ service to him or via C --. _:2d .,r Rea'stared mac. -- aim at the most recent mailizr personnel - 3CCress 52t _--_ _ _ Mina„_apeoua: A. __e City 2erscre' Rules m and Regulations as t ma'? _� Lazar .. :hey now exist Cr as they _.__ shall apply __ Employee except: inconsistent_• When inconsistent with _ V Agreement br the City Charter. Section :2.09 Longevity Pay, Sectton Actium"',-mina[ ^` I] (Disciplinary ^- IS (Grievance Procedure) , shall not apply to Employee. B. Mayor or_ es-wee, stall be the _._..^ Commission Member with whom Employee sha' ` ---- :_ace - .y ncact between :he City Commission and his office with respect to off duty- - time. =7 C. Employee shall reside w - __ ____.. the City limits at the City of Ocoee, unless the City Commission agrees otherwise. - -_ the City Corvn iss>cn so agrees, the Agreement shall last through the term of th is .4cr^e meat. 0. This Agreement shall be interpreted, construed and gcverced according to the laws of the State of Florida. :n the event of -litigation to enforce this Agreemenv the prevailing _ar:v shall be . '-rt___eu a reasonable atto zney's tees and costs in addicicn to any ocher relief to whfcn th e or evat__s party is entitled i accordance with applicable law. , s. Yo amendment cr variation at the terns and conditions of this Agreement shall be valid unless in •w- -'..g and rioted by the parties. The Employee's rights and cblications under this Agreement are personal and not assignable; provided, however, in even:-:- of cmpicyee's death any accumulated but unused benefits to which an Employee's heirs and executors are entitled under the City Personnel Rules and Regulations shall inure d the benefits of Employee's heirs and executors to the same extent as all ocher City employees. 3. The inva" =: -v or ue.._.,__s_; ' of . _? any pa--""'a_ pxvs ion^. of __._s Ac_eemez_ snail not a`=+"- - other provisions d - and ___.,_ _ Acraeme.^.0 shall be or in all respects as if such __valid _.ue-.i abie prcvisions were 3. This Agreement supersedes any and all_ other understandings or acreerent3, wne^_er w- or oral, and constitutes the -CCmC1eCe and full agreement Pecacen ___ _a___es, and may be mod: =:=^ ^c_y by the w- __ r acreement of employee and the City Commission. C_T OF CCOE2 -:d'2D0`_'3c 3y: - eEEis.Shagik§ Dated: Dated: tunIcit No.3,11 -+-✓I `-�. @ /> . ...w 4/' /9 ? Ocoee � o --va.Q 4�+ iCOTI ANDERSON \nor an,`��+¢ COMMISSIONER 150 N.LAKESHORE DRIVE OCOEEE.FLORIDA 34761 (4071 056-23E2 CITY MANAGER CONTRACT 510 ORANGE AVE. OCOEE.FLORIDA 34761 MAY 5, 1997 INTRODUCTION: have a prepared statement that I would like to read concerning the City Manager Contract . STATEMEP]T: We began cur search for a City Manager over nine months ago . The Commission worked very hard during the selection process . We held workshops and we listened to citizens from both sides of the issue concerning the selection of a City Manager. The hard work accomplished over the selection process by former Commissioners, .Tim Gleason and Rusty Johnson will never cc unnoticed. Commissioners , Nancy ?arker and Danny Howell after they were elected worked hard with us to formalize the final contract . Although, we as a Commission may not have fully agreed with the candidate sets,-=s or not selected, we all did agree on :he contract language . We have been through a lot during the cast several months as a community but : think we have all learned a lot from this experience. The Cerartmenc D; - -rs suppor- Ellis as do most of the City employees . : fe they all went through a long hard _earning process and out of the experience has evolved mutual r=spect The Employees and wart to work ._alder the leadership of Ellis Shaciro. Ellis, conducted himself with a great deal of dicnicy through the most ^ --' -• - =o,ers_ty ?'_s family has been -..loud._ a lot . We all have been __rough a lot . We have already ta_d the legal fees necessary in the development of the contract I have submitted. The contract is similar co the contract we o-'s-=d Jeff Broughton. The contract makes the City Manager an at will employee. Ellis is fully aware of the issues we had and do not believe we will have to deal with chose issues again. ask at this time that we offer Ellis the contract _ Have before You. THE PRIDE OF WEST ORANGE