HomeMy WebLinkAbout12-17-92 SS
'-' MINUTES OF THE CITY OF OCOEE BOARD OF COMMISSIONERS SPECIAL
SESSION TO CONSIDER CITY MANAGER SHAPIRO'S CONTRACT
HELD DECEMBER 17,1992
Mayor Vandergrift called the Special Session to order at 9:07 p.m. in the commission chambers
and announced the purpose of the meeting. The roll was called and a quorum declared present.
PRESENT: Mayor Vandergrift, Commissioners Combs, Foster, Johnson, and Woodson.
Also present were City Manager Shapiro, City Attorney Rosenthal, and City
Clerk Grafton.
ABSENT: None
Mayor Vandergrift asked for those present who had prepared statements to present them to be
entered into the record.
Commissioner Woodson stated that he does not approve of the provision in the proposed
contract which provides for City Manager Shapiro's salary to be 10% higher than the next
highest paid employee.
Commissioner Johnson. seconded bv Commissioner Combs. moved to acceot the orooosed
contract for emolovment as oresented. Commissioner Woodson moved to amend the contract
'-- bv deleting the 10% orovision. City Manager Shapiro advised that if the 10% clause would
keep Commissioner Woodson from voting for the renewal of his contract, then he would take
it out, even though he would prefer leaving it in. Commissioner Woodson's motion died for lack
of a second. However. following the citizen's comments the orooosed contract was changed by
Mr. Shaoiro to exclude the 10% clause and include the additional orovision that the base salary
would be reviewed annuallv. This was acceoted as a friendlv amendment bv Commissioner
Johnson and Commissioner Combs and it was made a oart of the motion to renew the contract.
The motion with amendments is restated in the last oaragraoh of these minutes. along with the
vote recorded for the motion.
Nathan Dykgraff, 3307 Sheringham Rd., Orlando, 32808, owner of Orange Tree Plaza, said
he is not a resident of Ocoee but is a business person in the City and he has had a good
relationship with City Manager Shapiro and staff. He has found all employees to be dedicated
and has not had any problem getting an appointment with Mr. Shapiro.
Dr. Bob Ferdinand, 2001 Mercy Drive, Orlando, 32808, said that he sees this as an
opportunity to bridge the gaps and he proposed a special workshop to work out the differences
between his firm and the City.
Don Petro, owner of Amber Electric, 630 Kissimmee A v, 34761, and President of West Orange
Chamber of Commerce, said this is a very controversial matter, that he is active in the
community and knows the businesses in the City. He said that the City is on the edge of
....... dramatic growth and when he sat on the budget committee he found City Manager and staff on
City of Ocoee Commission Special Session
.'--" December 17, 1992
top of the situation. He said that Mayor Vandergrift's statement regarding 9 out of 10 citizens
opposing Mr. Shapiro was an exaggeration.
Thomas W. Davis, 2100 Lauren Beth Av, 34761, presented a quote by Roosevelt to be read
for Mr. Shapiro.
David Rich,704 N. Lakewood Av, 34761, said he had a problem and was on probation on his
job and Mr. Shapiro used foul language in public and he took it higher to the Wage Board. His
job was endangered as a result of Mr. Shapiro's action and he was thinking of litigation. Mr.
Shapiro urged Mr. Rich to go ahead with the litigation.
Lester Dabbs, former Mayor of Ocoee, 619 Caborca Ct., 34761, read a prepared statement in
favor of renewing the contract. (See Exhibit A.)
Peggy Psaledakis, City of Ocoee Director of Personnel/Employee Relations, submitted a paper
for the record and asked that copies be distributed to the Honorable Mayor and Board of City
Commissioners on the next day. (See Exhibit B.)
R. P. Mohnacky, 1820 Prairie Lake Blvd., said he is accustomed to stating his opinion and
'-'" occasionally had remarks from City Manager. He said that generally managers who say less get
more done, and he has found this meeting to be very educational. He said that where he worked
the cost of living increase was the same amount for everybody, rather than a per cent of their
salary, and that he felt that the 1 0 % clause was unfair.
Cathy Sills, 205 S. Lakeshore Dr, 34761, commended Commission for using sound business
judgement, and said that the renewal of Mr. Shapiro's contract will only help the City to move
forward.
City Attorney Rosenthal explained the 10% difference between City Manager salary and the
next highest paid employee.
Jim Swickerath, 1203 Ridgefield Av, 34761, Planning and Zoning Commission member, said
he is not quite as grateful as Lester Dabbs for Mr. Shapiro's work, and he is not always happy
with Mr. Shapiro, who has made his life difficult at times, but he has always been a very
honest, straightforward adversary, he just had different priorities, as he is concerned with
different issues in the community than the Planning and Zoning Commission is primarily
concerned with. He said it would be criminal to terminate Mr. Shapiro's employment and he
respectfully requested that when issues like this come up in the future that the Mayor and Board
of City Commissioners read the Charter and try to understand what the difference is between
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City of Ocoee Commission Special Session
,-,. December 17, 1992
a policy maker and an administrator and to please not make him come down to a meeting to
support the establishment, as that is just not his style.
Glenn Jackson, Heller Bros Groves, 135 South 9th S1., Winter Garden, 34786, said Mr.
Shapiro has represented the City very well.
Tom Ison, 6 Delaware St., 34761, former Mayor of Ocoee, said he supports the motion to
renew the contract and he recommended that Commission review the City Manager once each
year. He said he wants Mr. Shapiro on his side when negotiating with bonding companies, etc.
because of his expertise. He noted Charter requirements and said that if someone wants a strong
Mayor they should go to Apopka and Orlando. He said a good mayor runs a good meeting and
lets the City Manager run administration.
Cathy Hunt, 501 E. Lakeshore Dr., 34761, corrected misinformation regarding the accessibility
of Mr. Shapiro, and advised that he has helped with many of the school problems, including the
bussing problem and the Drug Free program.
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Richard Irwin, Health Central CEO and Administrator, 10000 West Colonial Dr., 34761,
expressed his appreciation for Mr. Shapiro's and staff's help with their project, as they are
coming in ahead of schedule and on budget.
Commissioner Foster said that all are here tonight because of a power struggle between a
Mayor who wants to run a City and a City Manager who feels threatened. The Charter draws
the line between their duties and both must let the other do his job. He asked that Mayor
Vandergrift and City Manager Shapiro set aside their differences and get on with the business
of running the City.
City Manager Shapiro said for the record that it was his desire to have unanimity on the
Commission and, as Commissioner Woodson had said that he wanted to change the contract by
taking away the 10% clause, he would remove that clause from the proposed contract and
request in its place a clause including annual review of his base salary. City Attorney
Rosenthal read the proposed change: Take out Section 2 (1) from the third sentence that begins
"Notwithstanding the foregoing, the base salary..." to the end of that paragraph, and insert
"The City Commission shall annually review the base salary of the employee in light of salary
adjustments provided to other employees, and may grant to the employee such annual salary
increases, if any, as the City Commission deems appropriate. " This friendlv amendment was
accepted bv Commissioner Johnson. who had made the motion to accept the contract as
presented. and Commissioner Combs. who seconded the motion. The restated motion was to
accept the proposed contract for emplovment as presented. absent the 10% clause and including
a clause providing for annual review of the City Manager's base salary. On roll call
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City of Ocoee Commission Special Session
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Commissioner Combs voted "ave." Commissioner Foster "ave. Commissioner Johnson "ave."
Commissioner Woodson "ave." and Mavor Vandergrift "ave." Motion carried 5-0.
Mayor Vandergrift said that his enthusiasm in his love for the City of Ocoee gets in the way
some times, as he wants to help the City Manager and staff and not be a burden in any way, and
that it was his desire in casting a vote to renew City Manager Shapiro's contract for the election
to be over and for the City to go forward as one.
ADJOURNMENT
The meeting adjourned at 10: 10 p.m.
Approved:
CITY OF OCOEE
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EXHIBIT A
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Mr. Mayor, Commissioners, City Manager Shapiro, Members of the
~ City Staff, and interested citizens:
I am indebted to those who provided me this opportunity to
participate in this dialogue which began a little over two weeks
ago and which involved the efficacy of re-newing the employment
contract of Mr. Shapiro. Please know and understand the remarks I
will make concerning this issue are predicated upon a professional
working relationship with Mr. Shapiro, City Staff, and every member
of the presently constituted Commission except the Mayor - ranging
in length of time from three years to over six years. In the case
of Mr. Shapiro, the time frame was just over three years.
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I have spoken personally with each Commissioner because based
on their non-action at the December 1st meeting they are apparently
not in agreement with the Mayor's motion which proposed action to
not re-new Mr. Shapiro's contract. I realize the main purpose of
this meeting is for the Mayor and Commissioners to hear Mr.
Shapiro's long and short-range goals for the city and to list for
the Mayor and other interested parties the accomplishments or
achievements of his tenure as City Manager. Knowing of Mr.
Shapiro's reluctance to take credit for Ocoee's successes, I will
in a few minutes list some of the major accomplishments of the past
several years.
Let me begin my scenario with some background information: I
was a Commissioner when the City Manager's jOb became vacant, and
I participated in the screening process which led to personal
interviews with candidates by the Commission. My first impression
of Mr. Shapiro was not entirely a positive one because based on his
interview with us I was not sure of his genuine interest in our
city. Because none of the candidates really "knocked our socks
off" and because it came to our attention that Mr. Shapiro got out
of a "sick bed" to come to the interview, the Commission decided to
interview him again. Suffice it to say, at the conclusion of that
interview, and with the first-hand knowledge gathered by
Commissioner Combs upon a visit to Cape Coral - Mr. Shapiro's last
place of employment as City Manager - the Commission was unanimous
in the decision to employ him. Gentlemen, that was a good
decision: Ocoee got a man with a state-wide reputation for
integri ty and performance, a man whose work experience in City
Management has progressed from a small town to leadership and
oversight of a community which grew from a population of 5000 to a
population of 50,000 - successfully meeting all the growth-related
problems which come with such dramatic growth -
When Mr. Shapiro came aboard, our development review process
was in disarray, little had been done on a growth management plan
mandated by the Legislature, we were facing a potential $250,000
budget deficit; there were no well-defined personnel policies which
met current requirements; we had no City Engineer; there was no
system in place to tract development after annexation, including
water and sewer allocations/resource management; and administrative
procedures and personnel procedures were not compatible with our
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rapid growth mode. In essence, Mr. Shapiro's incisive and decisive
management style, his sense of purpose, his organizational skills
his broad-based experience, and his sense of caring and fairness i~
dealing with employees have resulted in the ills Ocoee had upon his
arrival being solved.
Once our ship of state had been righted by the re-
organization, reform, and innovation of the new City Manager, our
city began to develop and to solidify a reputation for strictness
but fairness in the financial and development communities and for
progressive dialogue and cooperation among our poli tical
counterparts - all of these being requisites for success. As I
stated in a presentation to county officials and to the Charter
Review Commission, Ocoee is both a responsive and responsible
government. This is true because there was respect for and
collaboration among members of the Commission and there was
progressi ve day-to-day management. As a result of political
stability and mutual respect among the "policy-makers" the
Commissioners - and as a result of the posi ti ve actions of a
competent and caring staff led by Mr. Shapiro, the fOllowing list
of accomplishments can be noted: 1) a comprehensi ve plan in
compliance with state regulations - one of the 1st in Orange County
2) expansion of the sewer plant by 1 million gallons with another
expansion ready to go to bid 3) the bonding and building of Clark
Road - a 4 lane north-south highway connecting north Ocoee/Clarcona
to the East-West Expressway and Highway 50. 4) expansion of the
commercial tax base by the development of the Good Homes Plaza
Shopping center, the Commerce Center at Old Winter Garden Road and
Highway 50, an Albertson's at Silver Star Road and Clark Road, and
various smaller or individual commercial parcels 5) a clearly
defined, expeditious, and fair development review process 6) a
functioning personnel process and grievance procedure in place
7) an up-graded pay, benefits, and retirement plan for employees
8) agreements with DOT for intersection improvements and
signalization 9) the development of housing proj ects in every
price range, including affordable housing 10) the adoption of a
minimum housing code and the implementation of a code enforcement
program 11) the planned development of a municipal recreational
amenity - a golf course - which will have a positive environmental
impact because of gray water use for irrigation 12) the bonding of
and contracting for a new municipal complex (City Hall and Police
Station) 13) the lease-purchase of two side-loading sanitation
trucks and 14) application for and receipt of state historical
grant monies to restore the Withers-Maguire House. While this
certainly is not a complete listing, it does convey to you that the
city staff led by Mr. Shapiro and the Commission have been busy
looking after the City's interests.
Petitions requesting this Commission not re-new Mr. Shapiro's
contract have been submitted to you, and I am led to now believe
that many signatures were the result of some "dis-information".
without regard for that, however, you elected officials are the
sole arbiter of the contract situation. Let me say for the record
that despite the list of achievements Mr. Shapiro and others have
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been a part of, he and I have not always been in agreement on every
issue - but we enj oy a mutual respect and have been able to
disagree without being disagreeable. He can tell you of the many
times I have voiced a concern for his weight or appearance, BUT,
early on I made a jUdgment that his leadership attributes, his
management skills, and his experience far out-weighed any
appearance concerns that I may have had. I sincerely hope that you
gentlemen share my view in that regard.
Mr. Mayor - a couple of weeks or so ago, I read in The Times
that you would welcome my advice and counsel at any time. Sir,
tonight I advise and counsel you and the Commissioners to put aside
personality issues, to place the city's well-being above personal
goals or aggrandizement, to work out individual differences or
problems under the umbrella of the City Charter as it is currently
written, and to vote for the re-newal of an employment contract for
Ellis Shapiro when that issue comes before you - perhaps even later
this evening.
In conclusion, I do two things: 1) I remind you of the
central character in Geo Orwell's book, 1984, who I believe
correctly concluded "sanity is not statistical", and 2) I thank you
profusely for your indulgence and patience in this process as you
have permitted me and others to address you regarding this very
important - even critical decision affecting OUR city and its
future...
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EXHIBIT B
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COMMISSION MEETING DECEMBER 17, 1992
CONTRACT RENEWAL - CITY MANAGER
Many years ago, an elderly Gentleman entered my office, which was
located in what has now been recently dubbed as "The Other City."
He handed me a small piece of paper which read:
"In Germany they came for the Communists and I didn't speak up
because I wasn't a Communist. Then they came for the Jews and I
didn't speak up because I wasn't a Jew. Then they came for the
Trade Unionists and I didn ' t speak up because I wasn ' t a Trade
Unionist. Then they came for the Catholics and I didn't speak up
because I was a Protestant. Then they came for me and by that time
no one was left to speak up."
This was written by Martin Niemoller and now hangs in my
office.
I believe very strongly in what Martin Niemoller wrote and I
live by it. I stand before you this evening to speak up for Ellis
Shapiro.
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I do not feel that is fair to place our Elected Officials in
a position of having to eliminate from this City or any City, a
Ci ty Manager based on dissention from a handful of malcontents. If
this is possible, then we are all at great risk, and where will it
end?
This City is proud of its heritage and should be proud of many
of its citizens who have become our role models and who have
contributed so much of themselves to this City Government.
People like Former Mayor Tom Ison, Kathy Sills, Mrs. Betty
Hagar, Marilyn Johnson, Mr. Bob Lyle, Ruth Grafton, John Alexander,
former Mayor Lester Dabbs and many, many more.
We are a very fortunate City in that we have as our Elected
Officials, some of the best representatives in a Municipal
Government wi thin the State of Florida. Honest men and men of
integrity. Men that could seek higher office within the State.
We are also fortunate in that we have as a City Manager, a man
of vision who has always supported the rights of City employees,
the rights of all citizens and a man with many years of experience
in City Government as a City Manager.
That man is Ellis Shapiro.
work for such a man.
It is an honor and a pleasure to
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