HomeMy WebLinkAbout05-06-97
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 ofthe 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 In 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 In F - West Orange Commercial Center n 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 nI E and In F subiect to the above listed conditions
being satisfied. Motion carried 5-0.
A. Approval and Acceptance of Minutes of City Commission Ree:ular Meeting of
April 15. 1997. Bude:et Workshop of April 23. 1997. and Bude:et 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. Topoe:raphic/Utility Survey ($5.645 plus $300 Reimbursables).
2. No. 3b. Desie:n Criteria Packae:e for modification to A.D. Mims Road ($5.720
plus $500 Reimbursables).
3. No. 3c. Desie:n Topoe:raphic and Utility Survey at A.D. Mims Road adjacent
to Proiect Site ($6.445 plus $300 Reimbursables). and
4. No. 3d. Preliminarv 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 Adiustment: Bruce Beatty and Bob Colburn - 3
year terms expire May 1997.
E. Approval and Authorization for Mavor and City Clerk to execute Cheshire
Woods Final Plat.
F. Approval and Authorization for Mavor and City Clerk to execute West Orange
Commercial Center II - 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.
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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 ofthe 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.
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Ocoee City Commission Regular Meeting
May 6,1997
Mayor Vandergrift left the table at 8:50 p.m.
Former Mayor, Lester Dabbs, 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 Alclobe 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 Vandere:rift. 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 asfollows:
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 4-1. (Mayor Vandergrift voted no.)
Non-Agenda Item
Bumble Bee Florist had providedflowersfor 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. He suggested
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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. He 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
Telecomm 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 Barice, 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 Kreines, of Kreines & Kreines, 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 Horne 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 be
located.
The public hearing was opened.
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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,
11, and 12 of the Ordinance. He expressed concern about Section F "no co-location of
Accessory Facilities shall be permitted." Mrs. Horne 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 ofthe Land Development Code. Motion carried 5-0.
SECOND READING OF ORDINANCE No. 97-11, AMENDING BUDGET FYI996-97.
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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 Lightine:: 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 Manae:er/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 Proe:ram: 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.
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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 Disolay in Ocoee: Consensus was reached to study for safety,
include the item in the next budget and bring it back for approval.
Neie:hborhood 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 Hall. 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 contingencv 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.
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Ocoee City Commission Regular Meeting
May 6,1997
Commission Chamber Lightine:: 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 Dampenine:: 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 Hall 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 Hall regarding clarification involving the $75,000 that he had worked for several
months with Commissioner Freeman to get for new sidewalks on A.D. Mims Road and
Orlando Avenue, that he didn't recall ifthere 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 iust made($1770.00 for rocking chairs
and benches for City Hall. $6500.00 for a covered walkway. $7880.00 for underdrains
for City Hall parking lot. and $5040.00 for an additional sorter unit for mailer machine.
all to come from contingency). Motion carried 5-0.
RECESS 11: 17 p.m. - 11 :27 p.m.
OTHER BUSINESS
PRESENT A TION AND 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 Ouarterly 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
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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 ofthe 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 4-1. (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, but the
motion died for lack of second.
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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 accusmg 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 seat 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 been 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. (See attached Exhibit
No.3.)
The motion as amended read asfollows:
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 subiect 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
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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 (WITH VIDEO PRESENT A TION).
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 Vandergrift 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 ofOcoee 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. subiect to the County agreeing that the parties will bear their
own costs and attorneys' fees. Motion carried 4-0. (Mayor Vandergrift 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 101\ 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:
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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 Vandere:rift:
1) 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
City of Ocoee
!IJJ;
cott Vandergrift, Mayor
13
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~ ~ ~ ~ .rr~/'l7
SCOTT ANDERSON
COMMISSIONER
150 N. LAKESHORE DRIVE
OCOEE, FLORIDA 347(, 1
(407) 656-2322
SECOND READING OF THE BUDGET
MAY 6, 1997
510 ORANGE A\lE,
OCOEE, FLORIDA 34761
(407) 656-,()337
INTRODUCTION:
I have a prepared statement that I would like to read concerni~g
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 April 29, 1997 the City Manager and the Department Directors
were given the difficult task of responding to nine additional
suggested items from the Mayor for consideration to the mid-year
budget which was on short notice.
Budget work sessions were scheduled for April 8, 1997 and April 9,
1997, It appeared that we completed our task as an elected body on
April 8, 1997 by giving the City Manager a list of items that we as
elected officials wanted to address or 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 head towards a second reading and
final adoption of a budget.
Mayor, you have a lot of good ideas and I believe that many of
these ideas should be researched and implmented. I do believe that
we should agree as to what the City Manager and staff should be
researching.
I want to compliment the City Manager, the Budget Team, the
Directors and all the support staff for a job well done. I know
that you all put in many hours to meet this short deadline.
Mayor and Commissioners I feel that in the future we should be in
agreement as to what should be given to the City Manager and Staff
for research.
I feel that some of the items on this list of April 29, 1997 have
been talked about many times but have not been officially
requested, through this elected body.
THE PRIDE OF WEST ORANGE
Exhibit No. 2
M E M 0 RAN DUM
TO: THE HONORABLE MAYOR AND MEMBERS OF THE COMMISSION
ELLIS SHAPIRO, INTERIM CITY MANAGER
PRo: PEGG"'.l PSALEDAKIS, PERSONNEL DIRECTOR'\.
DA: APRZL 29, 1997
SU: COMMISSIONER ANDERSON - CITY MANAGER CONTRACT
,
C~mmiss~cne= .~~de=son =e~~ested t~ac : adjust t~e conc=ac~ t~at was
?resenced C~ ~=. 3roughccn co apply to t~e Ince=im Cicy Manager.
C~mmiss~cne= .~cerson re~esced c~e adjusted cont=acc reflect
c:Dselv t~e ccne=ac~ oresented to M=. 3rouchecn with t~e exceotion
of maint:aining the present: sala::y level along with other conditions
chat now a~sc, such as the City vehicle, ~nsu=~~ce ecc.
,-.-",",~ ss~ ""?"e"" ~~c.'e""scn ~Q""""es-~;4 ..-.,a... ~ ~ ~.:"",......., -';.,e Mavc~ "'~a' :-.feme' e""'-
,-_~~i..L.,,_ _'-'._ _ ......."",.,.~ _ __~~ '-__ l....... _ _ ..;.._J,.........,....~"'l. '-._ ... _ Q.J.J. ..... -~
cf che Commission that he consice=s Commiss~cne= Glass the e:~e=c
C~ :egal ~a====s a~d ;ref~~s ~~ cefe= ~~ C=mrni3s~~ce= S:ass en any
:~=a: ~3sues c=nce~~~g =~e c=nc=~c~.
Commissioner _~~derscn has
Cicy Manager =~r ?u~cses
recuested a copy be sene to
- . . . ..
O~ n~s =ev~ew a~c c=mme~C3.
the Ints=i:n
? lease ;::cce,
DC C'JM:E:Nr . -
am su.l:mi c :: i::g a WCR.'t{ING DCCUMEN!'
you 1:ave any qt:es~icns c=nce=:1i.::g t::.:..s
ar:c a C~ZA..'l'
maccer, please
cont:ac~ me..
CLEAN DOCUMENT
EMPLOYMENT AGREEMENT
This Employment Agreement ("Agreement") is made between the City of Ocoee
(hereinafter referred to as the "City"), a municipal organization organized and
existing under the laws of the State of Florida, with its office 'located at City
Hall. Ocoee, Florida and Ellis Shapi:o (he:einafte: referred to as the "Employee") .
NOW THEREFORE, in consideration for the mutual covenants contained herein,
the parties agree as follows:
1. Emplovment and Duties
A. Emplovment Duties: The City hereby agrees to employ Employee as City
Manager and Employee agrees to accept such employment, all subject to the terms and
conditions set forth in this agreement.
Unless 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 C~arter, City Ordinances as they now
exist, or from time to time may be changed by the City of Ocoee, and such other
duties as the City Commission may from time to time require him. Subject to such
Charter and Ordinances.
Employee will be in active charge of the management and
operation of the City, including the hiring, superJision, evaluation and discipline
of all City employees subject to the applicable laws of the United States, the State
or Florida, and C;.arter and Ordinances of the City now. in existence or as
subsequently adopted, altered or amended by the City.
Individual Commission Members:
Individual members of the City
B.
Commission shal: ~ot involve t~emselves i~ t~e day-to-day managemenc of ~~e c~cy,
including che a~~inistration of t~e employment policies of the City relating to
....' .
J,...~=:.ng I
evaluation,
discipline, retention and supervision, unless otherwise
speci=ically provided herein. or as specifically provided in the City C~a:ter or
Ordinances now in existence or as may be subsequently altered, adopted or amended;
provided, however, the City Manager, shall keep the City Commission advised of all
disciplinarI actions more severe than a suspension without pay and all terminations
of Ci~y employees which are involuntary, except termination of probationarI
employees. The Ci~y Manager shall also advise the City Commission of any and all
demands for ar~itration, administrative charges or litigation and keep the City
1
Commission updated as to tbe scat~s of same. The City Commission shall retain the
sole and exclusive right to determi~e whether Co settle (including the terms of any
settlement) or contest any and all claims, or threacened claims i~volving the City,
and employees acting within the scope of their authority as City employees,
including those claims related to the City Persor_~el Rules and Regulations, except
....then by of:icial action, the City Commission decermines, or the law other...tise
provides.
2. Ter.n:
The term of employment under chis 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 not
less than one hundred and eighty (180) days prior to May 4, 1~99 or one hundred and
eighty (180) days prior to May 4 of any renewal year of the Agreement.
3. Compensation & Benefits
A..
:'he City will pay Employee
for
a"
A_
ser.rices
rendered and performed
hereunder, a salary of $84,635.20 per ar~um, in equal installments paid bi-weekly
(26 pay periods per annum), or as otherwise mutually agreed.
B. Employee's job performance will be reviewed and evaluaced anl'lually by
the City Commission prior to Employee'S anniversarl date of employment and shall be
discussed wi~~ 3mployee by the City Commission or its designee. Otber reviews may
be conducted at =~e discretion of tbe City Commission.
C. Increases in Smployee's salary, shall be negotiated by tbe City
Commission, or its designee witb the Employee in conjunction with Employee'S annual
job per=ormance review, and any changes must be approved by ~be City Commission.
4. ?=inqe Benefits
A..
(~)
Employee shall be eligible for and participate in all fringe
benefics uniformly provided to Department Heads of the City on the same
basis and under the same conditions as provided to said employees,
unless ocher~ise specifically provided herein, or unless the Employee
and City Commission mutually agree other~ise.
(2) Employee shall be eligible for life insurance at two times his
2
annual salary as outlined in the current insurance contract.
B. Employee shall be assigned a City vehicle under the following
conditions:
(1) The City shall pay all insurance premiums on said vehicle.
(2) The City shall be responsible for all expenses related to the
vehicle and keep it in good wcrk~ng order.
(3) The Employee shall personally keep the vehicle in tidy condition
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. Equipment The City will furnish Employee a beeper and a portable
cellular car telephone to be used exclusively for City business. Use of the
cellular car phone 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 telephones for personal matters provided he reimburses the City of the cost
above the regular monthly bill of all such calls.
D. Dues and Subscriptions Subject to presentation of proper receipts or
invoices, Employer agrees to budget and to pay for the professional dues and
subscriptions in an amount not less than one thousand dollars ($1,000.00) per fiscal
year necessary for Employee's continuation and full participation in national,
regional, state and local associations and organizations which Employee determines
are necessary and desirable for his com:inued professional participation, growth and
advancement, and :or the good of the Employer.
Addi=ionally, the City shall pay for ocher memberships and subscriptions on
behalf of the Employee, which the City, in its exclusive discretion approves in
advance.
Z. Conventions
(1) Employer hereby agrees to budget and to pay the registration fees,
travel and subsistence consistent with subparagraph 3 below for attendance by
Employee as a member in good standing to the annual meeting or convention of the
International City Management Association, the Florida League of cities, the Florida
City and County Manager's Association and the National League of Cities.
(2) Additionally, the City shall pay for all other meetings, seminars and
3
short cou:::ses attended by the Employee, which the City, in its exclusive discretion
approves in advance.
(3) All expenses shall be reimbursed in accordance with the City policy
applicable to all employees.
F. Deferred Compensation: In addition to the salary paid to the Employee,
the City agrees ~o contribute ten percent (~O%) of the base salary of Employee, up
to $7,500.00 annually, into the ICMA-RC retirement plan on Employee's behalf in
equal proportionate amounts each pay period. The payments made hereunder are made
in lieu of Employee's participation in the City Retirement Plan, which he
voluntarily elects not to participate in. The City agrees while Employee is
employed by the City to execute all necessary agreements provided by the ICMA-RC for
Employee'S continued participation in said ICMA-RC Retirement plan.
S. Extent of Services and Hours of Work
A. Except during periods of illness, vacation, or absences of a day or
more authorized by the Mayor, or his designee, Employee will devote his best efforts
to the per=o~ance of his duties and responsibilities under this Agreement. Nothing
herein will limit Employee's right to make passive investments, to participate in
charitable service and organizations, other community activities and t:::ade in
professional organizations or to undertake other activities which do not interfere
with the perfo~ance of his duties hereunder, it being mutually agreed that his
pa:::-ticipaticn i;J. chari table service, other community acti vi ties, and trade and
professional organizacion is co the benefit of the City. Employee shall not
othe~Nise be employed on a :ull- or part-time basis without the written permission
of the City Commission.
B. Employee shall be "on-call" 24 hours a day and agrees to make himself
available as :1eedec..
It. is ::ecogni::ed that Employee's duties as City Manager
requi:::e a g:::-eat ~eal of time oucside of ~ormal office hours. I'::. is also recognized
that Employee is required to devote an unspecified amount of time and energy to
car:::-y out those duties with the highest amount of professionalism possible and that
because of the "24-hour" nature of his responsibilities, interference with his
private li=e is '::.0 be expected.
That being the case, the parties ::ecognize that
Employee may cheose to take occasional personal time off within the general area of
the City of Occee du:::-ing the City'S no~al busi;J.ess hours, when his duties allow and
4
rus absence will not inter:ere with the efficient operation of City busines:3;
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 not considered
vacation nor compensatory time. Employee agrees that at all times, including
personal time as set forth herein, ~e will conduce himself in a professional mar.ner
and :lot bring discredit to the City or to the operation of its business. The
Commission will consider Employee's use of personal time off during its annual
performance evaluation of him/her.
5. Indemnification 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
Manager subject to applicable law and the City Charter and Ordinances, and any
limitations contained therein.
3. :n ~he event of actual or threatened litigation and/or administrative
proceedings involv~ng the City which arise out of the operation or actions which
occurred or are alleged to have occurred whi:e Employee was the City Manager of the
City of Ocoee. Employee will cooperate with the City and its counsel in assisting
the City in every legal manner to prevail in said action. The City shall pay
Employee's reasonable travel expenses and subsistence expenses inc~rred away from
his home inc~rred in preparation for and ac~~al discovery, settlement and tria~ of
all said matte=s.
C. =:mployee further agrees that unless required by law, he will not
coope=ate ~ich or assist any parcy, person, or entity who has, had or may have, or
asse=ts that he has or may have any claim of any nat~re against the City, its
agents, officers, employees, City Commission members or representatives, without the
express written permission of the City Commission, or its designee.
D. =:mployee shall not disclose any confidential information involving the
business of the City to any person or entity without the written permission of the
City Commission. or its designee, unless required to do so by law.
E. Restrictions set forth in subparagraphs C and D above shall not apply
5
in inst:ances of governmental entities with jur~sdiction over a claim of a violation
of law.
7. Resiqnation and Termination
A. Resiqnation: Should Employee resign his employment:
1. Employee shall receive no severance payor benefits under this
Agreement, except as may be otherNise provided in the C~cy Perso~~el Rules and
Regulations applicable to him if he resigns his employment.
2. This Agreement, except for paragraphs 68. 6C and 6E, which shall
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 effect. neither
Employee nor the City shall have any further obligation one to the other under this
contract or otherwise.
B. Termination bv the City:
1. Subject to the procedures set forth in Article IV, ~ C-22 of the
City Charter, Employee and this Agreement may be terminated at any time at the will
and pleasure of the City Commission.
2.
Except: as provided in paragraph 3
, 1
oe_ow,
and subject CO
subparagraphs 2(c)-2(e) below, if Employee is involuntarily terminated during che
term of this Agreement, he shall be paid severance pay under the conditions set
forth in subparagraphs (a)-{h) below. A vote by a majority of the City Commission
to offer employee the opportunity to voluntarily resign in lieu of involuntary
termination, shall be considered an involuntary t:ermination under and subj ect to the
conditions set forth in this subparagraph 3.:,
(a) Six (6) months salarj". however there shall be no severance
due in the event this Agreement is not renewed or
excended.
(b) ~mployer shall continue to pay for the premium necessarj"
to provide Employee group medical insurance on the
condition Employee files a timely election under COBRA
during
the
period
he
receives
severance
under
subparagraphs (al or (bl above, just as if he had remained
actively employed during che period he receives severance.
but subject to the conditions set forth in subparagraph
6
(e) below,
(e) Employee complies with paragraphs 63 through 6E of this
Employment Agreement (Confidentiality and Cooperation) .
(d) Payments to Employee shall be reduced by any amounts
received from wages from other employment (except other
employment Smployee held which was approved by the City
under paragraph SA), disability insurance, social security
or life insurance, if any, provided by the City.
(e) The City shall no longer be obligated to pay the premiums
for Employee'S group medical 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 eligibility
requirements, or after the period during which Employee
receives severance pay from the City, whichever first
occurs.
(f) As a condition to payments provided under this
subparagraph 2, the City may require Employee to provide
a statement of earnings on not more than a monthly basis,
which statement shall include the name and address of all
employers. The City reserv"es the right to verify such
reports.
(g) Opon termination of this Agreement, neither Smployee nor
the City shall have any obligation one co the other except
as set for-=h in Paragraph 63 through 6E, for accrued
benefits, if any, to which Employee is entitled, if any,
under the Ci-=y ?ersonnel Rules & Regulations applicable to
him as an involuntarily terminated Employee, or as
other~ise provided in this Agreement.
(h) Employee shall execute a release of all officers,
director, members, City Commission members, employees and
representatives of any and all rights he/she has, had or
may have arising out of his employment or the cessation
7
thereof under this Agreement and all applicable federal,
state aIld local laws, including but not limited to claims
of illegal discrimination, intentienal and unintentional
torts, and all ether types of claims whether known or
unknewn threugh the date of his termination.
(i) In the event the form of government of the City is changed
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 paragraph
7.B.2. and shall be subject to all of the subparagraphs
set forth therein; provided. unless released by the City,
the Employee agrees to remain actively employed for thirty
(30) days after the "strong Mayor" or other chief
executive officer under a similar form of government takes
of=ice and during that time assists in the transition.
(j) In the event Employee is entitled to severance pay from
the City. the City shall in addition to the severance pay,
pay Employee the amount of premium the City wou~d have
paid for employee had he remained employed du:::ing the
pe:::iod of his receipt of severance pay.
3. The City shall have no obligation to pay any compensation or to
provide ~mployee group medical insurance under paragraph 2 hereunder unless
otherNise requi:::ed by law if he is terminated for any or a combination of the
following reasons:
(a) Dishonesty wi~h respec~ to the business and operation of
the City.
(b) Violation of the City drug policy.
(e) Refusal to coope:::ate in an investigation involving any
aspect of the business or ope:::ation of the City conducted
by or at the di:::ection of the City.
(d) Conviction or pleading guilty nolo contendere to a felony
or c:::ime involving moral turpitude.
8
(e) Causing the City to be found in violation of law through
gross neglect or willful or intentional conduct by
Employee.
Except as may otherwise be required by the City Charter, in the event Employee
is charged with a felony or crime involving moral turpitude, the City shall have no
obligation to pay Employee under paragraph :2 unless and until a judgment of
acquittal is entered by the Court.
8. Notice and Consent:
Any written or other 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 Hall during the regular business hours of the City, or by Certified or
Registered mail to the City Clerk at the City Hall, said delivery to be verified by
an executed Certified or Registered mail receipt, signed by the City Clerk or the
City Clerk's designee.
3. ."'-s to Employee, by personal service to him or via Cercif ied or
Registered mail to him at the most recent mailing address see forth in the City'S
persofu~el records.
9. Miscellaneous:
A. ~he City Personnel Rules and Regulations as they now exist or as they
may be later modified by the City shall apply to Employee except:
1. When inconsistent with this Agreement or the City Charter.
2.
Section
12.09
:..ongevity
?ay,
Section
15
(Disciplinary
.;ction!Te:nlination) and Section 16 (Grievance ?rocedure), shall not: apply to
Employee.
3. The Mayor or his designee, shall ce the Commission Member with whom
Employee shall coordinate contact between the City Commission and his office with
=espec~ to of= duty time.
C. Employee shall reside within the City limits of the City of Ocoee,
unless the City Commission agrees otherwise. If the City Commission so agrees, the
Agreement shall last through the term of this Agreement,
D. ~his Agreement shall be interpreted, construed and governed according
to the laws of ehe State of Florida.
In the event of litigation to enforce this
9
Agreement. the prevailing party shall be entitled a reasonable attorney's fees and
costs in addition to any other relief to which the prevailing party is entitled in
accordance with applicable law.
E. No amendment or variation of the terms and conditions of this Agreement
shall be valid unless in writing and signed by the parties.
F. The Employee's righes and obligations under tbis Agreement are personal
and not assignable; provided, however, in the event of Employee's death any
accumulated bue 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.
G. The invalidity or unenforceability of any particular provision of this
Agreement shall not affect the other provisions hereof, and this Agreement shall be
constr.led in all respects as if such invalid or unenforceable provisions were
omitted.
H. This Agreement supersedes any and all other understandings or
agreements, whether written or oral, and constitutes tbe complete and full agreement
between the par~ies, and may be modified only by the written agreement of employee
and the City Commission.
CITY OF OCOEE
EMPLOYEE
By:
'::llis Shapiro
Dated:
Dated:
10
WORKING DOCUMENT
LANGUAGE THAT HAS BEEN ADDED HAS BEEN SH..7U)ED IN
LANGUAGE THAT HAS BEEN DELETED HAS BEEN STRICKEN THROUGH
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- ...........
HAD'. ".ED' .'.'.'.'rrN' ....
. .. .. .....
. .. -. ......
GTRI CKEN TImOUGII
EMPLOYMENT AGREEMENT
This Elliflloyment Agreement ("Agreement" ) is made between the Ci ty of Ocoee
(hereinafter referred to as the "City"), a municipal organization organized and
existing under the laws of the State of Florida, with its of=ice located at City
Hall, Ocoee, Florida and :cf==cy :, Jrou~Rton '"hoDe rcoiacflec i.J :3: JanSury, :;l]{
Ria~e, 7cnneascc J78JO~66EffiIf.i&~!E8 (hereinafter refer::-ed to as the "Employee").
NOW THEREFORE, in conside::-at.ion for the mutual covenants contained herein,
the parties agree as follows:
1. Emplovment and Duties
A. Emplovment Duties: The City hereby agrees to employ Employee as City
Manager and Employee agrees to accept such employment, all subject to the terms and
conditions set forth in this agreement. Unless 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 Charte::-, City Ordinances as they now
exist., or f::-om time to time may be changed by the City of Ocoee, and such other
duties as the City Commission may f::-om time to time requi::-e him. Subject to such
Charter and Ordinances. Employee will be in active charge of the management and
operation of the City, including the hiring, supervision, evaluation and discipline
of all City employees subject to the applicable laws of the United States, the State
of Florida, and c..'larter and Ordinances of the City now in existence or as
subsequent.ly adopt.ed, altered or amended by ~'le City.
3. Individual Commission Members: Individual members of the City
Commission shall not involve themselves in the day-to-day management of the City,
including the administ::-ation of the employment policies of the City relating to
n~::-:.ng, evaluacion, discipline, ::ecencion and supervision, unless other...ise
specifically provided herein, or as specifically provided in the City c..'larte::- or
Ordinances now in existence or as may be subsequently altered, adopted or amended;
provided, however, the City Manager, shall keep the City Commission advised of all
disciplinary actions more severe than a suspension without pay and all terminations
of City employees 'Ilhich are involuncary, except te:::mination of probationary
employees. The City Manager shall also advise the City Commission of any and all
1
demands for arbitration, administrative charges or litigation 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 City,
and employees acting within the scope of their authority as City employees,
including those claims related to the City Persc~~el Rules and Regulations, except
when by official action, the City Commission determines, or the law otherwise
provides.
2. Ter.n:
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 ~~
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 not
less than one hundred and eighty (180) dayn prior to May 4, 1999 or one hundred and
eighty' (180) days prior to May 4 of any renewal year of the Agreement.
3. C~mpensation ~ Benefits
A. The City will pay Employee for all ser-J"ices rendered and perfor:ned
hereunder, a salary of sau, JOC,JJ%~%.0~e.e.ilie~ per annum, in equal installments paid
bi-weekly (26 pay periods per annum), or as otherwise mutually agreed.
B. Employee's job performance will be reviewed and evaluated annually by
the City Commission prior to Employee'S anniversar-z date of employment and shall be
discussed with Employee by the City Commission or its designee, Other reviews may
be conducted at the discretion of the City Commission.
C. Increases in Employee's salary, shall be negotiated by the City
Commission, or its designee with the Employee in conjur.c~ion with Employee's annual
job performance review, and any changes must be approved by the City Commission.
4. ?rinqe Benefits
A. (~) Employee shall be eligible for and participate in all fringe
benefits uni~ormly provided to Department Heads of the City on the same
basis and under the same conditions as provided to said employees,
unless othe~Hise specifically provided herein, or unless the Employee
and City Commission mutually agree other-Hise.
2
(2) EfRplEl1'cc €Jaal: BE! -la.vaReca <12 .bys 3f pcreoAul leave ifllfRcaiate'::'
U~Oft cfRplei~eRt ,)Ra Elaall Ret =arR day ~aaitieftal perssaal lCil'lE! dayo
durifl~ the fi:r:et 'leaF of Cll'\!,loY""c:at,
THereafter, aE! aaall ~arn
pcr!3snal lea','C daye eft tae oafRe sasie as :la)" etaer De~art"'eRt :Ieaa :Jf
the ::i ty , ~~~~~t1~~w:;g{~~1Bf#~~&~:;~~1~~~@M~~I!gFfEE}?~?;t;E~:m~!
~3;.~t~ffiIg~tt:!:~#t~E(:{:~:~:IB~;rEt.:EB~sEf~I;;~B~::I@f~E;~::!tf&~%~#:5#;!:;iS9#.!2#4St::i:
(3) EfR!'lloyee .Jaall Be J.lle\:ea u!'l ':13 f:.....~ :SJ lays aa.llIiI'!.istrati'/e
lea'lc ~ithout lO€Js ef ,ay prisr ~e the tifRe the fRavs af hia ~allli':y and
houcenols. to :Jcoec io aOIll!lleteei fer viait.:ltis:a a:aa/Ell!' fROViR,! purpoaea.
(4) rcres:aal :ea';e aei.vaReeei 1.H\aer OW3!'lal!'a!rapH d 81:lFi:a! tile f :..rot
year, But !'lat aar:aeei silal: Be aeauctca fre", any iJc','cr;J.B.CC pay other\Jiae
aue '~eie~ para!rapil a,
B. :;~loyec 6aa11 !'cceive a car alle\:aI'!.E!c af $lS3.39 per ::Rt:mth ~p.tf.ti.{*:#
$~t~t~!ffi~~~!lfuSll~~~,!l~i under the following conditions:
(1) ':'he :::ity :'0 :'iotcei ilfl aft aEiEii':ioHal :r..flurca ::m <JllIp1::Jyec'o
::".J.:ei:.:.ty -Jar iI'!.ou::-aI'!.ca ana ~hc afReuI'!.C ::Jf :overaiJe :'0 :1 ffi':'::1':'FRUIlI
::J f ~: J Q , J (] Q / ~: a (] , 3 a (] , ~B~::::$Jf&.y:m~~~ft::::g~)ij:i;i:~f;?!:::'i~:s.ffiE~5~:!'::g#~ml:Bfu~
S@1:::;#:~ffi?!1M~~s+~~~
(2) :'~c 3FR!31oycc ~rs...:.ae!J a ~our joor, ~:"'e :51 p;J.cocnl!c::- :a::- :".ot
FRere tilaI'!. :8ur yea~!3 ::Jld. '~l~fle the ~a"'llIiesiaI'!. ~~::-=co
otilen,ioc , 'ffil~!!l;~!1fng;!m~l!~it;!~#.@*~~f:!Pf~{:::;~#*I!%tW:!@:~~*#.#.#.
#~+%E~;:::;!~tiI~:::::M~:~5*'e:iI~t~~~f::ffiI~tfH#;m~~;:::~*~::lB#f!~#~::
(3) :FR!l::'oycc ',,:,::' bc =:J!J!l;:lI'!.6.:.13':~ ~3r a'': :::JC!3enaco ==':.::c=d ::3 ~:::c :.J.=
ans. ::0 ;cee!l ::: ia !ssa ':8r:c:'f"~ 3::-3.0::- 3.na :on ':.' 3;.: :ena':'::':'OH at:
3.:" '::"fRes ;JB.C!I1 ,wee :!3::- :::.::y 19U.6:'::1066 :.n ':~c ='7cn<:: =~2.0:/CC'.J
:.::1= :'.J '.lr..ava" 3.13:'::: ~,J::- :fR!'l':'DYCC'.J '.lOC ~:J::- ::.:::/ DUO:'::ooo,
:It'.!'I:''.J:,'ec T __ ae ::-:3pono:.b:'::: ~Cl :;3::-ov:..ac ~ :O!f.:9,J,=~:el::: .Jubo<::" ::ut::::
~ar n~o ~ae ~aF ::i':1' ~u6iReos,
:'hia :'0 to :.nou=c ~:::e
avai:a13i:ity af ~ auitaelc car :or :ll'\!'Ileycc'a ~ae :..n ::nc
!'Ie=': sr1'lIancc 3f ~i.J :iut:..es a9 :::i::1' ;1anaiJe=, ineIuai::! ':nc
~:::lRJ2J!Jert:lt':'8a of 'lar:.ouo pc::-oeB.6 ;:ita IJE:OIll ::he ~:..~}'" aeea
nua:..ncaa ',Jnen ~:-...e ::..':y :1anilljJc= iecfRs ::m en ::::-ill1o!'ler,:atioR
a!'l!'lre!'lr:..~ t::: . 1j~r!~t!BjS5r:!a~!t:tmR~f~SE@t**I*~~:::::Efi$I:Jffif@iBffi~':I~1~
3
~I;~;;;$~3El;e&;;;~~;;;!*tltsfm~~;fi
f!~tt@mt't!!&itl~lmt!RYIf~~:~#,~~~t;~;;~,;~3);:i;sS;;;~,~;L~~illL~~;e!f3;F~5;;~t~E~$
~!f&8ffim1~l;~![~E~i!$f9{1~$~gg$;;@f;;;~];f~s}11~~!~!J~
C. Equipment The City will furnish Employee a beeper 3aa fined ::'ine
tclc!'!RoHe. fan aHa eSRltlue:<:r ff3r hiD reaidcm:c. and a portable cellular car telephone
to be used exclusively for City business. Use of t~e cellular car phone to contact
Employee's spouse or other members of his family residing with Employee shali be
considered the business of the City. Employee may use the telephones for personal
matters provided he reimburses the City of the cost above the regular monthly bill
of all such calls.
D. Dues and Subscriptions Subject to presentation of proper receipts or
invoices, Employer agrees to budget:. and to pay for the p:r:ofessional dues and
subscriptions in an amount not less than one thousand dollars ($1,000.00) per fiscal
year necessary for Employee's continuation and full participation in national,
regional, state and local associations and organi~at:.ions which Employee determines
are necessary and desirable for his cont:.inued professional participation, growth and
advancement, and =or the good of the Employer.
Additionally, the City shall pay for other memberships and subscriptions on
behalf of the Employee. which the City, in it:.s exclusive discretion approves in
advance.
E. Conventions
(1) Employer hereby agrees to budget and to pay the regist::ation fees,
t::avel and subsistence consistent: '....ith subparagraph 3 below for at:::endance by
Employee as a member in good standing to the annual meeting. or convention of che
International City Management Association, the Florida League of Cities, aH4 t~e
?lcrida Cicy and c~uncy Manage::'s Association ~e;;%h~lli:i~~S$~0~~~~0g?S~!2~~'
(2) ~dditionally, the City shall pay for all other meet:.ings, seminars and
shore courses attended by the Employee, which the City, in its exclusive discretion
approves in advance.
(3) All expenses shall be reimbursed in accordance with the City policy
applicable to all employees.
P. Defer=ed Compensation: In addition to the salary paid to the Employee,
the City agrees Co contribute ten pe::cent (10~) of the base salary of Employee, up
4
to $7,500.00 anr~ally, into t~e ICXA-RC retirement plan on Employee's behalf in
equal propor~ionate amounts each pay period. The payments made hereunder are made
in lieu of Employee's participation in the City Retirement Plan, which he
voluntarily elects not to participate in. The City agrees while Employee is
employed by the City to execute all necessary agreements provided by the ICMA-RC for
Employee's continued participation in said IOlA-RC Recirement plan;:! I incluain~ ::he
tranafcr :3i Z"'!llo)'cct.J currC:<lt :l.ccounC to the ::ity, :l.na. to transfer mmerohi!3 to
oucC!ccain~ ~",~loycrC3 upon ::"'!llo;'cc' 0 rcoi~nu.tior: or jioch;).r~c 5..f .JO rcqucotea BY the
EIfI!lleyec.
5. Extant of Services and Hours of Work
A. Except during periods of illness, vacation, or absences of a day or
more authorized by the Mayor, or his designee, Employee will devote his best efforts
to the performance of his duties and responsibilities under this Agreement. Nothing
herein will limit Employee's right to make passive investments, to participate in
charitable ser'J'ice and organizations, other community activities and t:::-ade in
professional organizations or to undertake athe:::- activities which do not interfere
with the per=o~ance of his duties hereunde:::-, it being mutually agreed that his
participat:ion i::l charitable service, other community act:ivities, and t:::-ade and
professional organization is to the benefit of the City. Employee shall not
otherwise be employed on a full- or part-time basis without the written permission
of the City Commission.
B. :::mployee shall be "on-call" 24 hou:::-s a day and agrees to make himself
available as needed. It is recognized that :::mployee!' s duties as City Manager
re!quire! a great: deal of time outside or normal orfice hours, :t is also recognized
that Employee! is required to devote an unspecified amount of time and energy to
car:::-y Que =hose dueies wieh the highest: amount: or professionalism possible and ~hat:
because or t.he "Z4-hour" nat:ure! of his responsibilities, interference with his
private life is co be expec~ed. That being t.he case, the parties recognize that
Smployee may choose to take occasional personal time off within the general area of
the City of Ocoee! during the City's normal business hours, when his duties allow and
his abse~ce ',l/ill not i::lterfere with the efficient ope:::-ation of City business i
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
5
absences approved by the Mayor or nis cesignee.
This time off is not considered
vacation nor compensatory time.
Employee agrees that: at: 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 to the operation of its business. The
Commission will consider Employee's use of personal, time off during its annual
performance evaluat~on of him/her,
~. MeviB" 3.Ba :leleeat!ieB En'l'eBElee
A. :Ohe ':ity onall !3ay :ffI!l::'CJ"f~e OiJl ':houaand dollaro ;CC, G90, 00) to
effcc~uate fiiD ~evin~ ana reloeatisn f=o~ hia current he~Q ia Galt Rid~c, Tennesscc,
to ~ ae~e in the City limits sf the City af ~eeee, EffI~leyee aaall Be =co~eaeis1e
for :11::' taltes at :lay :tina., if aay, tiue ']ien res~cet te ",ueh 19a)'lftcat,
B,
=: 3!l1~laycc n::si!j'RD hiD -:l!ll!?lo~~cat '.]ith the :ity (:it-nia ::',Jclve
, ~ .... ,
,...-,
~eRth6 af aia :irat day at ~etive ~~~lo)'lfteat under this ~~rCe!llCfit, he ~h~ll repay
the :i ty :SF .:1.11 fflf3Riea recei '\'ea ~, ~im 'clnrler f:n:.IB!la!.'a~l!'a!lh ..... asovc.
+-r-:&;t
Indemnification and Cooperation
A. Tl1e City shall defend, hold har:nless and ir.demnify Employee against: any
tort, professional liability claim or demand or oc~er legal ac~ion for which t~e
City is legally responsible for accions of Employee acting in his capacity as the
Cicy Manager and are within t~e scope of his aut~ority and employment as City
Manager subject to applicable law and t~e City C~arter and Ordinances, and any
limitations contained therein.
3. In ~he event of actual or threacened litigation and/or administrative
proceedings involving the City which arise ouc or the operation or ac~ions which
occurred or are alleged to have occurred while Employee was the City Manager of the
City of Ocoee, Employee will cooperate with the City and its counsel in assisting
t~e Ci~y in eve~/ legal manner ~o prevail in said ac~ion.
The City shall pay
Employee's reasonable travel expenses and subsistence expenses incurred away from
his home inc~rred in preparat:ion for and actual discovery, settlement and trial of
all said matters.
C. Employee further agrees that unless required by 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 the City, its
agent:s, officers, employees, City Commission members or representatives, without the
6
express written permission of the City Commission, or its designee.
D. Employee shall not disclose any confidential information involving the
business of the City to any person or entity without the written permission of the
City Commission, or its designee, unless required to do so by law.
E. Restrictions set forth in subparagraphs C and D above shall not apply
in instances of gove=nmental entities with jurisdiction over a claim of a violation
of law.
~~~ Resiqnation and Termination
A. Resiqnation: Should Employee resign his employment:
1. Employee shall receive no severance payor benefits under this
Agreement, except as may be other~ise provided in the City Personnel Rules and
Regulations applicable to him if he resigns his employment.
2. This Agreement, except for paragraphs ~, ~~F and +~E, which
shall 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 ef=ect,
neither Employee nor the City shall have any further obligation one to the other
~~der this cont=ac~ or otherwise.
B. Termination bv the City:
1. Subject to the procedures set forth in Article IV, ~ C-22 or the
City ~~a=ter, Employee and this Agreement may be terminated at any time at the will
and pleasure or the City Commission.
2. Sxcept as provided in paragraph 3 below, and subject to
subparagraphs 2(c)-2(e) below,
. ,..
-.
Smployee is involuntarily t=rminat=d during
the
term of this Agreement, he shall be paid severance pay under the conditions set
for~h in subparagraphs (a)-(h) below. A vote by a majority of the City Commission
to of=er =mployee the oppor~unity to voluntarily resign in lieu of involuntary
termination, shall be considered an involuntary termination under and subj ect to the
conditions set for~h in this subparagraph B.2.
(al Six (6) months salary, however there shall be no severance
due in the event this Agreement is not renewed or
extended.
(b) Employer shall continue to pay for the premium necessary
to provide Employee group medical insurance on the
7
condit.:.cn Employee files a timely election under COBRA
during the period he receives severance under
subparagraphs (a) or (b) above, just as if he had remained
actively employed during the period he receives severance,
but subject to the conditions set forth in subparagraph
(e) below,
(e) Employee complies with paragraphs ~ through ~~E of this
Employment Agreement (Confidentiality and Cooperation) .
(d) Payments to Employee shall be reduced by any amounts
received from wages from other employment (except other
employment Employee held which was approved by the City
under paragraph SA), disability insurance. social security
or life insurance, if any, provided by the City.
(e) The City shall no longer be obligated to pay the premiums
for Employee'S group medical insurance ~der subparagraph
(b) above once Employee has obtained employment '..,it::.
another employer who offers group medical insurance fer
which
Employee
meets
tl1at
employer's
eligibility
requirements, or after the period during which Employee
:::eceives severance pay from the City, ....hichever f::.rst
occurs.
( f)
As
a
condition to
paymencs provided under
this
subparagraph 2, the C::.ty may :::equi:::e Employee to provide
a statement of ea~ings on not more than a monthly basis,
which statement shall include the name and address of all
emplcye:::s,
:::eporO::5.
(g) Upon termination of this Agreement, neither Employee nor
:'he City :::eserves tl1e right to verify such
the City shall have any obligation one to the other except
as set for,:l1 in Paragraph ~ through ~~, for accrued
benef::.ts, ::.f any, to which Employee is entitled, if any,
~~der ~he City Personnel Rules & Regulat::.ons applicable to
him as an involuntar::.ly terminated Employee, or as
8
otherwise provided in chis Agreement.
(h) Employee shall exec~te a release of all officers,
director. members, City Commission members, employees and
representatives of any and all rights he/she has, had or
may have arising out of his employment or the cessation
thereof under this Agreement and all applicable federal.
state and local laws. including but not limited to claims
of illegal discrimination. intentional and unintentional
torts, and all other types of claims whet.her known or
unknown t.hrough the date of his termination.
(i) In the event the form of government. of the City is changed
to a "st.rong 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
~e treated as an involuntary termination under paragraph
~1.3.2. and shall be subject to all of the subparagraphs
set forth therein; provided. unless released by the City,
the Employee agrees to remain actively employed for thirty
(30) days after the "st.:::-ong Mayor" or ocher chief
executive officer under a similar form of government takes
office and during that time assists in the transition.
(j) In the event Employee is entitled to severance pay f:::-om
the City, the City ahal: in addition to the severance pay,
pay Employee the amount of pr~mium the City would have
paid for employee had he remained employed during the
period of his receipt of severance pay,
3. ~he Ciey shall have no obligation to pay any compensation or to
provide Employee group medical insurance under paragraph 2 hereunder unless
other'T..dse :::-equ~:::-ed by law if he is terminated for any or a combination of the
following reasons:
(a) Dishonesty with respect to the business and operation of
tl1e City.
(b) Violation of the City drug policy.
9
(e) Refusal to ccoperate in an investigation involving any
aspect of the business or operation of the City conducted
by or at the direction of the City.
Cd} Conviction or pleading guilty nolo contendere to a felony
or crime involving moral turpitude.
(e) Causing the City to be found in violation of law through
gross neglect or willful or intentional conduct by
Employee.
Except as may other.-lise be requh'ed by the City Charter, in the event Employee
is charged with a felony or crime involving moral turpitude, the City shall have no
obligation to pay Employee under paragraph 2 unless and \u1til a judgment of
acquittal is entered by the Court.
.g......:a't Notice and Consent:
............
Any written or other notice required by this Agreement shall be deemed
delivered as follows:
A. As to the City, when delivered by personal se~Jice to the City Clerk
at the City Hall during the regular business hours of the City, or by Certified or
Registered mail to the City Clerk at the City Hall, said delivery to be verified by
an executed Certified or Registered mail receipt, signed by the City Clerk or the
City Clerk's designee.
B. As to Employee, by personal service to him or via Certified or
Registered mail to him at the most recent mailing address set forth in the City's
personnel records.
~34 Miscellaneous:
A. ~he City Personnel Rules and Regulations as they now exist or as they
may be :ater modi=ied by the City shall apply to 2mployee except:
1. When inconsistent ~ith this Agreement or the City Charter.
2.
Section
12.09
Longevity
Pay,
Section
lS
(Disciplinary
Action/Termination) and Section 16 (Grievance Procedure), shall not apply to
Employee.
B. The Mayor or his designee, shall be the Commission Member with whom
Employee shall coordinate contact bet~een the City Commission and his office with
respect to off duty time.
10
C. Employee shall reside within the City limits of the City of Ocoee,
unless the City Commission agrees otherwise. If the City Commission so agrees, the
Agreement shall last through the term of this Agreement.
D. This Agreement shall be interpreted, construed and governed according
to the laws of the State of Florida. In the event of litigation to enforce this
Agreement, the prevailing party shall be entitled a reasonable attorney's fees and
costs in addition to any other relief to which the prevailing party is entitled in
accordance with applicable law.
E. No amendment or variation of the terms and conditions of this Agreement
shall be valid unless in writing and signed by the parties.
F. The Employee's rights and obligations under this Agreement are personal
and not assignable; provided, however, in the event of Employee'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 to the benefits
of Employee's heirs and executors to the same extent as all other City employees.
G. The invalidity or unenforceability of any particular provision of this
Agreement shall not affect the other provisions hereof, and this Agreement shall be
construed in all respect:s as if such invalid or unenforceable provisions were
omitted.
H. This Agreement supersedes any and all other understandings or
agreements, whecher written or oral, and constitutes the complete and full agreement
between the parties, and may be modified only by the written agreement of employee
and the City Commission.
CITY OF OCOEE
EMPLOYEE
By:
Dated:
:cf==::~':, Jr6u~ateR e&l~;:!~i~miR!m
Dated:
11
'7' /9?
SCOTI ANDERSON
COMMISSIONER
MAY 6, 1997
ISO N. LAKESHORE DRIVE
OCOEE, FLORIDA 34761
(407) 656-2322
510 ORANGE AVE.
OCOEE, FLORIDA 34761
(407) 656-0337
CITY MANAGER CONTRACT
INTRODUCTION:
I have a prepared statement that I would like to read concerning
the City Manager Contract.
STATEMENT:
We began our 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, Jim Gleason and Rusty Johnson will never go
unnoticed. Commissioners, Nancy Parker 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 selected or not selected, we all did agree on the
contract language.
We have been through a lot during the past several months as a
community but I think we have all learned a lot from this
experience. The Department Directors support Ellis as do most of
the City employees. I feel they all went through a long hard
learning process and out of the experience has evolved mutual
respect. The Employees and Directors want to work under the
leadership of Ellis Shapiro.
Ellis, conducted himself with a greac deal of dignity through the
most difficult adversity. His family has been through a lot. We
all have been through a lot.
We have already paid the legal fees necessary in the development of
the contract I have submitted. The contract is similar to the
contract we offered Jeff Broughton. The contract makes the City
Manager an at will employee. Ellis is fully aware of the issues we
had and I do not believe we will have to deal with those issues
again.
I ask at this time that we offer Ellis the contract I have before
you.
~
THE PRIDE OF WEST ORANGE