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HomeMy WebLinkAboutItem III (A) Acceptance and Approval of Minutes of Regular Commission Meeting of May 4, 1993, Workshop and Special Session for City Manager Shapiro's Contract of December 17, 1992 AGENDA 5-18-93 Item III A c L u MINUTES OF THE CITY OF OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD May 4, 1993 CALL TO ORDER Mayor Vandergrift called the regular meeting of the Ocoee Board of City Commissioners to order at 7:30 p.m. in the commission chambers. Commissioner Foster led in the prayer and Boy Scouts Michael Garren and Jonathon Barnett led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Combs, Foster, and Woodson. Also present were City Manager Shapiro, City Attorney Rosenthal, Administrative Services Director Beamer, City Engineer/Utilities Director Shira, Building Official Flippen, Planning Director Behrens, Police Chief Boyd, and City Clerk Grafton. ABSENT: Commissioner Johnson PRESENTATIONS AND PROCLAMATIONS Innovative Idea Award to Glen Brimer by City Engineer/Utilities Director Shira. Mr. Shira explained that for security reasons he could not fully reveal the mechanics of the invention for which Mr. Brimer was winning the award, but that it was for a new method to by- pass the water meter which will save the City money. Mayor Vandergrift presented Utilities Service Worker II Glen Brimer a check for $100 for his innovative idea. NON-AGENDA ITEM - PROCLAMATION - NATIONAL DAY OF PRAYER Mayor Vandergrift read a proclamation proclaiming May 6 National Day of Prayer in the City of Ocoee. Meals on Wheels Request for Funds - Mr. Marty Wilson, Director. Donna Stiteler, Meals on Wheels, explained the expanded services of their organization and requested financial support from this Commission. Mayor Vandergrift, seconded by Commissioner Foster, moved to participate with Meals on Wheels with $1,000 from Communi Promotion Fund. Motion carried 3-1 with Commissioner Combs votin. no. City Manager Shapiro explained that there is a period of time during the budget cycle in the City's schedule for requests such as this. Commissioner Combs invited Mrs. Stiteler to approach service organizations such as the Lions Club, Kiwanis and Rotary for funds. CONSENT AGENDA The consent agenda consisted of items A, B, and C. After commenting on the washboard road at the entrance to Temple Grove Estates on Good Homes Road, Commissioner Combs, seconded by Commissioner Woodson, moved to approve the consent a'enda as 'resented. Motion carried 4-0. A. Acceptance and Approval of Minutes of Regular Commission Meeting of April 20, 1993. B. Approval and Authorization for Mayor and City Clerk to Execute the Final Plat for Albertson's Shopping Center. Ocoee City Commission Regular Meeting T May 4, 1993 ` ,< r,u� C. Approval and Authorization for Mayor and City Clerk to Execute the Final Plat for Temple Grove Estates, Phase I B. COMMENTS FROM CITIZENS/PUBLIC Frank J. Cannon, 2180 W. SR434, Longwood, 32746, said that he was with the development team for Albertson's and wished to acknowledge the excellent City staff who did an admirable job on their development. Mr. Cannon invited all to the groundbreaking ceremony in a few weeks and to the grand opening in November. Tommie Sanders, 96 Deer Key Court, 34761, announced that just as in the past the Memorial Day services on May 31 will begin at the Ocoee Cemetery with the placing of flags at the gravesites at 8:00 a.m. and the ceremony will continue at 9:30 a.m. at the gazebo with music and speeches. He also invited all to the cemetery cleanup day to prepare for this occasion on May 22. Thomas W. Davis, 2100 Lauren Beth Av, 34761, thanked Commission for their attention to his concern regarding the opening of Lauren Beth Road and said that he should have listed all the benefits of having the road closed at the April 20 meeting, as now that it is opened they have become acutely aware of how nice it was when the road was closed. SECOND READINGS AND PUBLIC HEARINGS Ordinance No. 93-06, relating to Zoning Code Revisions re: Auto Repair. This Ordinance was presented by title for the second reading and public hearing. City Attorney Rosenthal recommended that this public hearing be continued until the May 18 meeting to give the Local Planning Agency (Planning and Zoning Commission) an opportunity to review for consistency with the Comprehensive Plan before adoption. Building Official Flippen explained that this Ordinance is designed to correct a situation in the existing code that allows wrecking yards up against residential zoning. The public hearing was opened and there were no comments at this time from the public. Commissioner Woodson, seconded by Commissioner Foster, moved to continue the public hearing until May 18 at 7:30 p.m. or as soon thereafter as practical. Motion carried 4-0. Ordinance No. 93-07, repealing Ordinance No. 620 relating to regulations for The Palms and Valencia Trailer Parks. This Ordinance was presented by title for the second reading and public hearing. It was explained that Ordinance No. 620 which attempted to establish restrictive covenants and design criteria for the two trailer parks, has not been enforced by the City since its adoption in 1975 and this action will clean the situation up so that in fact no one will be misled to believe that the City is enforcing it. The public hearing was opened, and as no one wished to speak, was closed. Commissioner Woodson, seconded by Commissioner Foster, moved to enact Ordinance 2 Ocoee City Commission Regular Meeting [1-6:A May 4, 1993 i J No. 93-07 as presented. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Woodson "aye," and Mayor Vandergrift "aye." Motion carried 4-0. Ordinance No. 93-08, relating to the use of nails vs staples in the construction of shingle rooftops. This Ordinance was presented by title for the second reading and public hearing. Building Official Flippen advised that Mayor Vandergrift had asked him to inspect roof damage in the City following a recent experience with high winds and he had found that those roofs damaged had stapled shingles. Mr. Flippen said that the fault did not lie with the staples but instead with poor workmanship at the time of installation. This Ordinance was presented at Mayor Vandergrift's request and Mr. Flippen recommended approval based on his inspections. RECESS 8:23 - 8:40 P.M. Upon reconvening, the public hearing was opened. R.P. Mohnacky, 1820 Prairie Lake Boulevard, 34761, asked if the staples came loose or if it cut through the material. Mr. Flippen responded that they had cut through. The public hearing was closed, and Commissioner Combs commented that manpower hours count in construction and using nails will be much slower, so this will raise the cost of the house itself. Commissioner Woodson, seconded by Mayor Vandergrift, moved to enact Ordinance No. 93-08 as presented. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Woodson "aye," and Mayor Vandergrift "aye." Motion carried 4-0. OTHER BUSINESS SECOND QUARTER BUDGET REVIEW. Administrative Services Director Beamer explained that the format is the same as that used in the past and that in most of the funds the revenues exceed the expenditures, the exception being the water utilities fund due to the bond indebtedness which was closed as of the issuance of the new bonds. This will be taken care of with the mid year budget amendment. City Manager Shapiro advised that the Mid Year Budget Amendment Book was distributed early so that staff could respond to any questions raised but the intent was to review that document fully at the May 18 meeting. This report has to do with the end of the second quarter and the discoveries made during the preparation of the Budget Amendment Book. Ms. Beamer then highlighted several items: 3 Ocoee City Commission Regular Meeting I May 4, 1993 U Li U LA 12 1) On page 34, re: the Withers-Maguire Grant Fund - The previous grant to do the exterior of the house required that all the monies must be expended or encumbered as of March 31, 1993 and that has been accomplished. 2) On page 38, re: Investments - The Bond Anticipation Note with Barnett Bank required that dollars be kept in Barnett Bank as securities for the Note as well as that remaining portion that was unspent. Those investments are no longer in Barnett Bank or SBA but rather in the highest yielding investment available. 3) On page 43, re: Insurance - The page shows the amount claimed and the amount received on claims. As the City has $1,000 deductible this shows that for the most part funds have been received as claimed. Commissioner Combs asked whether the City absorbs return check charges and Ms. Beamer responded that we do not. FIRST READING OF ORDINANCE - Second Reading and Public Hearing will be held May 18, 1993 at 7:30 p.m. Ordinance No. 93-09, amending the FY93 Budget. This Ordinance was presented by title for the first reading. The agenda stated that the second reading and public hearing would be held on May 20 at 7:30 p.m. and that error was corrected by public announcement at this time. INTERSECTION IMPROVEMENTS TO KISSIMMEE AV/STORY RD. AND MARSHALL FARMS RD/MAGUIRE RD. City Engineer Shira advised that these two intersections are the worst in town and recommended that they be redesigned to a more standard configuration with left turn lanes on all four approaches and right turn lanes on the north, west and south approaches at the Kissimmee/Story intersection, and a "T" intersection including left and right turning lanes instead of a "Y" at the Marshall Farms/Maguire Rd. intersection. Mr. Shira proposed that this redesign be done by Professional Engineering Consultants and presented addenda to their agreement for Commission consideration. City Manager Shapiro said that with the new Democratic presidency it is possible that the economy will be pumped with federal funding and that it would be prudent to have the design ready should that occur. Mr. Shira requested approval of Addendum No. 93-1 in a not to exceed amount of$82,893 and Addendum No. 93-2 in a not to exceed amount of $20,584 in order to accomplish this project. Commissioner Combs, seconded by Commissioner Woodson, moved to approve staff recommendation and to authorize the Mayor and City Clerk to execute Addenda No. 93-1 in a not to exceed amount of$82,893 and execute Addenda No. 93-2 in a not to exceed amount of$20,584, with the funds to come from Road Construction Fund. Motion carried 4-0. 4 Ocoee City Commission Regular Meeting May 4, 1993 13 ' C ` [f U REPORT/DISCUSSION RE: CRYSTAL DRIVE SIDEWALK. City Manager Shapiro explained that putting a sidewalk on Crystal Drive had been on the capital improvements program for several years and that the residents had presented a petition some time ago requesting that it not be done. Public Works Director Brenner suggested that, since the budget included this possibility, that the sidewalk be placed instead on Suzette Drive. City Manager Shapiro suggested that prior to placing a bid a survey be done in the neighborhood for the residents' opinions where a sidewalk is proposed. Commissioner Woodson said that it would be better to put a sidewalk on a through street rather than one like Suzette, and he asked if the money could be put somewhere else, like the road in Sawmill that needs attention. Mayor Vandergrift said that he would prefer to see the money spent on roads instead. Commissioner Woodson, seconded by Mayor Vandergrift, moved to not put in the sidewalks on Crystal, Suzette or E. Lakeshore Drive at this time and to delay this until more information is available. Motion carried 3-1 with Commissioner Foster voting no. REPORT/DISCUSSION RE: E. LAKESHORE DRIVE SIDEWALK. See above motion. APPOINTMENTS TO BOARDS. Board of Adjustment - 2 alternates for 3 year terms to replace Tanya Miller and John Resnik who were moved up to regular member status at the last meeting. Code Enforcement Board - Madeline Shagner, Philip Rowe - 3 year terms expire June 1993. Planning and Zoning Commission - Tanya Miller - 3 year term expires June 1993. City Manager Shapiro reported that Commissioner Johnson had asked him to request a delay in considering these items in order to give more citizens an opportunity to turn in their applications for review. It was his feeling that it should not be necessary for one person to serve on more than one board. Commissioner Combs, seconded by Commissioner Woodson, moved to table these items until the next meeting. Motion carried 4-0. STAFF REPORTS City Attorney Rosenthal, in response to Commissioner Woodson's request for review of the matter at the last meeting, reported that there may be some opportunity to strengthen the adult entertainment ordinance. Conunissioner Woodson asked that he do just that. COMMENTS FROM COMMISSIONERS Conunissioner Foster: 1) Announced that the reason he missed the last meeting was that he was away with the Historical Commission in Tallahassee lobbying for the Withers-Maguire House and they were successful. 2) Applauded staff for their diligence with the Community Block Grant. 5 Ocoee City Commission Regular Meeting May 4, 1993 1 0pA Commissioner Combs: 1) Welcomed Judy Henry back to work after her surgery. 2) Announced that he has tickets to sell for a drawing for a week at New Smyrna Beach and also the dart tournament to be held at Calico Jack's on May 16 at 2:00 p.m. to benefit the March of Dimes. Commissioner Foster and Commissioner Woodson both said that they want to be appointed to the Diddler's Choice team at the dart tournament. Commissioner Woodson: 1) Thanked all for taking care of everything while he was on vacation. Mayor Vandergrift: 1) Read a letter from Mt. Dora Mayor thanking the City of Ocoee for the help given by the Mayor and employees following the tornado damage several months ago. 2) Read an invitation from Susie Carr Realty to place a free ad in their realty publication. 3) Announced the Bass Tournament at John's Lake May 23. 4) Wants to participate in Save Lake Apopka Foundation. 5) Noted that he had received a letter of appreciation from Mayor Land for his attending the Apopka Foliage Festival. 6) Would like for us to produce a newsletter and Mrs. Mayor has volunteered to edit it when it is started. 7) Fireworks for July weekend still under research. 8) Western Beltway authority will be on Talk with the Mayor next week. 9) Announced merchants meeting at AM next week at 6:00 p.m. on Thursday. 10) Announced Business After Hours at Orange Bank in Winter Garden on Thursday, May 13. OCOEE RENT-A-CHOIR SANG HAPPY BIRTHDAY TO VERN COMBS FOR APRIL 29, PAUL ROSENTHAL FOR MAY 1, AND ELLIS SHAPIRO FOR MAY 6. ADJOURNMENT The meeting adjourned at 9:25 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 6 AGENDA 5-18-93 t4ThItem III A .}1 tiDd MINUTES OF CITY OF OCOEE BOARD OF COMMISSIONERS WORKSHOP TO CONSIDER RENEWAL OF CITY MANAGER SHAPIRO'S CONTRACT HELD DECEMBER 17, 1992 The workshop was called to order by Mayor Vandergrift in the community center at 7:30 p.m. The roll was called and all members were present. PRESENT: Mayor Vandergrift, Commissioners Combs, Foster, Johnson, and Woodson. Also present were City Manager Shapiro, City Attorney Rosenthal, and City Clerk Grafton. Mayor Vandergrift announced that the first part of the meeting would be a workshop for the Commissioners to discuss the issue, which is the renewal of the City Manager's contract, and then following the workshop a special session would be opened for public input. Mayor Vandergrift asked that the citizens present hold their applause and emotional response until the end of both meetings. City Manager Shapiro said that he had prepared a written response to Mayor Vandergrift's memorandum of December 1, 1992 (see Exhibit A), and he asked that it be placed in the record (see Exhibit B). Mr. Shapiro reserved the right to respond further to any remarks resulting from that exchange of thoughts. Mayor Vandergrift said that his later memorandum responding to Mr. Shapiro's response was being printed and would be delivered to him during the meeting, but that in the meantime the meeting could proceed. City Attorney Rosenthal reviewed the current status of Mr. Shapiro's contract and the issue before the Commission, noting that the City entered into an employment contract with Mr. Shapiro in September 1990, which was a period of time after he had begun employment with the City. That contract was to run from February 16, 1990 to February 16, 1993. Initially Mr. Shapiro worked without a contract from February 21, 1989 until that date. The contract addressed the initial terms of employment, starting with a base salary of $57,500 providing for an increase to $60,000 and then to $62,500, each in one year increments. One of the initial terms agreed to was the relationship of the City Manager's salary to that of other City employees. It was agreed at the time that, notwithstanding the base salary reflected in the City Manager's contract, his salary would be no less than 10% greater than the base salary of the highest paid employee of the City. For example, if there was an employee of the City who was paid $62,500 and Mr. Shapiro's contract called for $62,500 base pay there would be a 10% bump on that to maintain a differential between the City Manager and the highest paid employee of the City. That may have been a source of some confusion on the part of the City Commissioners in terms of the base pay and the City Manager's actual salary at this particular time. In terms of fringe benefits, the agreement essentially provides the City Manager would be entitled to certain fringe benefits that would be paid for by the City: 10 days of vacation; sick leave, holidays, and health insurance, all of which accrue on the same basis as all other City employees; an automobile provided by the City with the City paying for the maintenance, insurance, operating and a car telephone; dues and subscriptions in the normal course of business; life insurance double the amount of his annual salary; and deferred compensation with ICMA in lieu of the City retirement plan. City of Ocoee Commission Workshop/City Manager Contract December 17, 1992 At the time this agreement was entered into, the new Charter had just been adopted which includes procedures for the removal of a City Manager in considerable detail, along with due process protections, so that if the Commission were ever dissatisfied with the City Manager's performance there was a procedure by which a preliminary resolution could be brought forward at a City Commission meeting, charges could be presented against the City Manager, providing for a period of time for the City Manager to respond, and the opportunity then, depending upon the Manager's response, for a final vote. The Charter provides basically for the removal of a City Manager for cause. The exception to this is non-renewal of the employment agreement with the City Manager, which would not constitute a removal requiring compliance with the provisions of the Charter relating to termination of employment. This is the situation being addressed at this time, a non-renewal of City Manager Shapiro's employment agreement. The contract also provided that, in the event during the term the Manager was removed for cause according to the Charter provisions, under those circumstances he would not be entitled to any severance pay. However, there was a contractual arrangement which addressed the ability to remove the Manager without cause even though the Charter did not contemplate a circumstance involving removal without cause. That provided that the City Commission, upon at least five days notice, could terminate the Manager without cause without having to state a reason. In those circumstances the Manager would be terminated, would be paid his salary through the day of termination, along with the cash value of accrued and unused vacation and sick leave, and would receive a lump sum payment equal to one-half of the base annual salary of the Manager at the time of termination. That would be in full consideration of any claims, so that if the Manager had any claims against the City or the City had any claims against the Manager that would in effect be a total release. This was mutually agreed between the Manager and the City that those procedures would be exempt from the Charter provisions. It was also agreed that these provisions would not be applicable to a non-renewal. Finally, the agreement specifically contemplates that a meeting like this one would occur, and so provided that six months prior to the expiration of this agreement the City and the Employee may, but are not obligated to, negotiate a renewal of the agreement on such terms and conditions as may be mutually agreed upon by the City and the Manager. In the agenda packet, City Manager Shapiro had presented a proposal to renew his contract, which is a procedure contemplated under the current employment agreement. The Commission is not obligated to agree to that proposal, nor to renew the contract at this session. Commissioners are free to negotiate or take any action they care to in those regards. Mayor Vandergrift presented two letters in support of renewing the contract for City Manager Shapiro from citizens Allen and Pat Bond, Palm Tree Properties, Inc. (Exhibit C) and David Guy, president Arvida Homes (Exhibit D), to be made a part of the record. City Attorney Rosenthal continued with his review of the proposed contract renewal presented by City Manager Shapiro, saying that he had found it to be legally sufficient in terms of the 2 M � City of Ocoee Commission Workshop/City Manager Contract December 17, 1992 Charter provisions and being postured so that Commission can take action upon it. The changes are as follows: the base salary set at $67,267 which is his current salary, with no provision for adjustments to that salary other than the maintenance of the existing provision which calls for the 10% spread between the highest paid City employee and the City Manager so that even though there is no provision for adjustment, depending on the highest paid employee, his salary could go up during the term; vacation increased from 10 days to 15 days; all other benefit provisions remain the same except for deferred compensation; deferred compensation contribution to ICMA be increased from 8% to 11% of the actual annual salary; termination and severance provisions remain unchanged; recommended term of the agreement is for two years, terminating February 19, 1995. Additional provisions were that on January 1, 1993 the City would purchase back from the City Manager 200 hours of accumulated vacation/sick leave, and finally a health/weight provision which addresses concerns which have been expressed regarding the current weight of the manager perhaps being an impediment to his job performance and interfering with his job functions. The Manager is agreeing to use his best efforts and seek medical assistance in order to develop and implement a physician approved weight reduction program with a goal of between 50 and 100 pounds reduction. Failure to make the effort would be a basis for termination with cause under the Charter provision, which means there would not be entitlement to severance pay in the event the Manager was not proceeding in good faith. City Manager Shapiro said that he had tried to explain several points in the memo: his first year here he was not the highest paid employee, and that was a surprise to him, so he felt that it should be a part of the contract that his salary would be 10% higher than the next highest paid employee; he said that it was not meant to hide his salary. Regarding the increase in vacation time, he explained that employees get 15 days when they have 5 or 6 years service and if this contract goes through he will have reached that time in service; in regard to the 8% vs 11% contribution to deferred compensation, those who were on the Commission at the time had indicated that there would be no problem with 11% at contract renewal time; in regard to the weight problem, he said he felt it was an image issue and would do the best he could toward the weight loss. Mr. Shapiro said his leave time was accrued normally and he has not been able to get away and use his leave time, as he did not have staff to cover in his absence. Mr. Shapiro said he hoped Commission would agree to his proposed contract tonight and that he would listen to the public and consider this to be a learning issue rather than a political issue. He said if his contract is not renewed he will move on to another job and learn there. He expressed his, and his family's, appreciation for the people he has come to know in the last five years. Commissioner Foster said that he has been advised that if he doesn't vote to be rid of Mr. Shapiro he will be out, but that his seat is not for sale. Commissioner Foster said that he was not on the Commission when Mr. Shapiro was hired but was at contract time three years ago. He said that Commission thought so highly of Mr. Shapiro that they gave him a raise at that 3 -0] [F City of Ocoee Commission Workshop/City Manager Contract December 17, 1992 time. All members of the Commission were present at that meeting with the exception of Mayor Vandergrift, and all were aware that Mr. Shapiro was overweight and that he had some personality problems, that he was rude and that he was sometimes accused of sleeping on the job. At that meeting not one word was spoken regarding Mr. Shapiro's shortcomings, as they were not concerned with those so much as they were concerned with Mr. Shapiro and his job and his responsibilities. They felt that Mr. Shapiro is bright, dynamic, creative, and innovative and his ability to manage the City is what counts. They were aware that Mr. Shapiro would not be a Charles Atlas, nor would he win the presidential fitness award; but those are not a part of his job description and in his opinion should not be a part of what is discussed at this meeting. His ability is the point to be considered. If fat ever becomes an issue, several people will be out of work - Santa for one. Commissioner Foster said that he has been given a memo from Mayor Vandergrift noting that 9 out of 10 citizens he spoke to are opposed to Mr. Shapiro, and 7 of 10 employees as well. Commissioner Foster said that in the short time he has been on this Commission he has received only 6 complaints from citizens about Mr. Shapiro and 4 of those were about his weight. That meant that only two citizens have a complaint about the job Mr. Shapiro is doing. No employees have complained to him and he has not solicited opinions. Commissioner Foster said that Mr. Shapiro has been accused of not being friendly with employees but that it is not a part of his job. In military schools it is taught that familiarity breeds contempt. It is so that there must be a line between officers and the men and also between management and employees. It is his job to manage, not to be friendly or to be a "good old boy." Commissioner Foster said that in the thirty one years of his residence in the City of Ocoee, Mr. Shapiro is the first City Manager to demonstrate the capacity to manage this City. He is bright, progressive, and dynamic, and to lose him at this point in our progress would be detrimental to the City. Commissioner Foster said that he supports extending Mr. Shapiro's contract. Commissioner Combs said that Mayor Ison sent him to Cape Coral to check out Mr. Shapiro's record there, and he found that some liked him and some did not. Commissioner Combs said that he has occasionally butted heads with Mr. Shapiro but he has always been straight. Commissioner Combs said that the weight portion of the contract was put in at his direction, because he does not want to walk into Mr. Shapiro's office and find him dead. He has also asked for a dress code to be enforced. At layoff time he felt that City Manager Shapiro did it wrong and people asked him to run against Mayor Dabbs due to a decision Mayor Dabbs had made, but he refused to run on a hate platform. As to listening to employees, he loves his City family and when they talk to him, he goes straight to Mr. Shapiro to get the problem taken care of. He said that when Mayor Dabbs was Mayor we had a good Commission and some tough decisions were made (no offense to Mayor Vandergrift intended). Commissioner Combs said that citizens should consider where the City was before Mr. Shapiro came. 4 -[_)] J City of Ocoee Commission Workshop/City Manager Contract December 17, 1992 Commissioner Combs said that he took exception to some of Mayor Vandergrift's remarks in the letter entitled "The City Manager As I See Him," and he listed them: a reference to the City Manager using the sunshine law to divide and conquer the Commission, suggesting that Mr. Shapiro controls the vote of the Commission in this way; rigged elections,(just whose election was rigged, as Vandergrift won?), saying in the evaluation of the Commissioners that Rusty Johnson is in his hip pocket, that Paul Foster is a fence rider, Vern Combs changes position daily, and Sam Woodson is a possible vote against if he needs to join effort. Commissioner Combs pointed out to Mayor Vandergrift that he is now a Mayor/Commissioner and must operate under the same rules as the rest of the Commissioners, and he wants Mayor Vandergrift to talk to him directly rather than behind his back. Commissioner Combs said that it is time to take note that the Commissioners work hard to take care of citizens's needs, that the communication problem must be solved and the healing process must take over so that a good commission can be kept intact to go on with City government. Mayor Vandergrift said "the appearance of a rigged election" was based on information relating to the secret press conference timing, as the information regarding the fact that a mall was coming was general knowledge for months but the press conference was called three days before the election and it may be three to five years before the mall gets here; the sign issue was not good at first, when he asked for a level playing field during the campaign, but it appeared to get better when his signs were not removed from the right-of-way; divide and conquer Commission referred to the decisions being made in the City Manager's office, where Mr. Shapiro had said that all he needs is 3 votes to get what he wants. Mayor Vandergrift said that he has made himself available for a whole month and still has not been invited to meet staff. He said that he had been assured by Commissioner Combs at lunch prior to election that there would be 3 votes to let Mr. Shapiro go. And he asked whether Commissioner Combs would pursue a Charter change to put the hiring and firing of staff under the charge of Commission instead of the City Manager. Commissioner Combs responded that he would not, but that he would like to review (not take part in) the hiring and firing of certain positions, especially department heads. Mayor Vandergrift said that he wants to have a staff meeting with Commission. Commissioner Combs said that there is a meeting already scheduled for Charter review and the staff will be present. City Manager Shapiro said that he gives Commission a copy of the resume each time a department head is hired and advises them when other action is taking place. Both Commissioner Combs and Commissioner Woodson said they could not recall receiving such information. Mayor Vandergrift asked why he has not yet received an organizational chart. Mr. Shapiro said that he had responded to the questions in his written statement and started to read his statement (Exhibit B) but stopped reading and remarked to Mayor Vandergrift that he was one of five commissioners and had an opportunity to see how stretched staff was recently with the different projects that are happening now: the ongoing annexation/zoning process, the golf 5 J D-Lj ji City of Ocoee Commission Workshop/City Manager Contract December 17, 1992 course project, city hall project, utility department and the wastewater treatment plant. Mr. Shapiro said that Mayor Vandergrift appears to think that a snap of his fingers will produce any items the Mayor asks for, when, in fact, it was necessary to wait for the staff to have the time and equipment. He said he had never heard of a secret press conference, and that it was not the City's decision about the press conference for the mall, but rather it was the Vice-President of Homart who called the City and dictated the information to included in the press release. Mayor Vandergrift said he felt that the knowledge of the press release should have been shared with those present at the public meeting the night before the release. Commissioner Woodson said that he is not an educated man, but he has been around 71 years, and he does have certain experience that is helpful in financial management. As to City Manager's salary, he has been against the 10% over the highest paid employee clause from the first time it was mentioned. He said it was his understanding that Mr. Shapiro's salary was $50,000 as of the beginning date of February 21, 1989; and then he noted Mr. Shapiro's earnings yearly, listing the increases of record: to February 16, 1990 - $50,000.08; raised on February 16, 1990 to $57,500.04; on June 26, 1990 received $59,199.92 annually; October 1, 1990 raised to $61,599.98; on June 29, 1991 raised to $64,679.94; on October 1, 1991 raised to $67,590.64; on February 20, 1992 during the budget cut, his salary was reduced to $64,674.94; and on October 1, 1992 was raised to $67,267.20. Commissioner Woodson pointed out that Mr. Shapiro is not requesting a salary increase in base salary, but with the requested 11% deferred compensation going to ICMA he will have an additional $7,399.37; however, if the current 8% is maintained then the amount going to his retirement fund will be $5,381.36. Commissioner Woodson said he continues to object to the 10% over the highest paid employee clause, and he noted that the highest paid employee's salary is $61,115.60. He said the City has good employees making a fair salary and Mr. Shapiro is making a fair salary, but that he should not be able to raise an employee's salary for any reason and move his own salary up by so doing. He said that he has negotiated wages in the past and he has a problem with the amount of money being spent for salaries and the extra benefits Mr. Shapiro wants. Mr. Shapiro said he had removed the base rate from his proposed contract because he felt it was not to his advantage to leave it in, as the highest paid employee might leave and his salary would be reduced to the base rate. He said also that Commission has been giving the average employee about a 9% increase the first two years of employment, and 5% the third year. Over the course of the last four and a half years, Commission has given about 28% raises. Mr. Shapiro said that all of the increases came before Commission and Commission always had control over salaries. And further, the employee whose salary could cause an increase in the City Manager's salary is topped out in his pay scale, this is in addition to the fact that there are no merit raises at this time. The only way Mr. Shira could get a raise is for it to be a part of the budget and approved by Commission, either because his job deserves it or because of a cost of living increase, which is not really a raise. Mr. Shapiro pointed out that each increase to 6 {11 16 City of Ocoee Commission Workshop/City Manager Contract December 17, 1992 his salary was made as a part of the budget and totally under the control of Commission. Commissioner Woodson said he wants Mr. Shapiro to take his vacation time. Commissioner Johnson said that 20 years ago he worked for the City for four years for City Manager John Vignetti, who was a good City Manager also. Commissioner Johnson talked about the response to the advertising for City Manager when he first became Commissioner, saying that there were 120 applications, none of which were suitable, and so the position was advertised again. There were 130 applications that time, and Mr. Shapiro did not make the first cut. The top seeded applicant accepted a job somewhere else before this Commission could call him. After Commissioner Johnson went to Texas (not at City expense) to research the next selected applicants and made his report to Commission, it was decided to interview Mr. Shapiro again. Commissioner Combs went to Cape Coral to research Mr. Shapiro's background there, and returned with a favorable report. Upon employment, Mr. Shapiro worked without a contract for some time, and during negotiations Commission did agree to go up to 11% for the deferred compensation, if Mr. Shapiro would agree to the 8% until time to renew the contract. Commissioner Johnson said that the operation of the City is a $12M operation and it is necessary to have someone at the head who knows what is going on, and Mr. Shapiro is qualified. He said that when he was campaigning and citizens expressed a negative opinion about Mr. Shapiro, they usually changed their minds after they understood the circumstances. He noted one citizen who said he had signed a petition against Mr. Shapiro because his garbage had not been picked up on a certain date. Commissioner Johnson said that it was important to remember that a man should be judged for what he does, and not for what someone dislikes about his style, the way he looks or anything else. Commissioner Johnson talked about the form of government, saying that in Apopka where they have a strong Mayor form of government, they also have two administrators making about $70,000 per year. A survey of other cities and counties showed that a base salary of $50,000 and above is not unusual for this type of position, as the City Manager must answer to all the citizens and the Commissioners as well. In getting back to the press conference, Commissioner Johnson said that, although he had supported Scott Vandergrift in his election twenty years ago, he had announced that he was supporting Mayor Dabbs in this election. From that time he had been in trouble, and was even the subject of derogatory remarks in a flyer distributed the night before election. He then reviewed and commented on the list of grievances set forth by Mayor Vandergrift in his document: 1) that the City Manager should not be allowed to politic for one candidate or the other; but then in number 7 on page 2 is the statement that "Every employee in the City has a right to support the candidate of his choice...."; 2) an election should not be called rigged just because of a press conference; 3) a lot of people are working on a weight problem and have been for a long time; (Commissioner Johnson said he did not judge Mr. Shapiro by his weight but rather by his mind.); 7 Dia City of Ocoee Commission Workshop/City Manager Contract December 17, 1992 4) any time he goes to Mr. Shapiro with an employee problem, Shapiro goes to bat for the employee. In summary, Commissioner Johnson said that, as a city of 15,000 citizens and the third largest city in Orange County, there is a need for a person with the knowledge and ability to support it; and his vote would go to Mr. Shapiro. Commissioner Foster said he did not mean to impugn the integrity of John Vignetti with his earlier remark, as he believed that Mr. Vignetti was a very capable manager and his skills were appropriate for that time in the development of the City of Ocoee. Commissioner Combs said there were citizens and neighbors in the audience who have strong feelings about the issue of renewing Mr. Shapiro's contract and he asked Mr. Shapiro to speak. City Manager Shapiro talked about the fact that some perceive him to be inaccessible, and that he treats citizens in a nasty and rude manner, but that when citizens come in to talk to him they find that is not true. He said he will be in his office from 9:00 to 11:00 a.m. each Saturday, accessible to citizens and employees in order to make a better effort for the community. He advised that this information will be placed on the water bills so that citizens will be aware that he has this scheduled. Commissioner Combs said that in March he had a problem with Mr. Shapiro and talked with him. He noted that Mayor Vandergrift's paper said that some employees fear for their jobs and Mr. Shapiro has assured him that employees can go in at any time and talk with Mr. Shapiro about any problem without fear of reprisal. Commissioner Johnson said that one of the City problems mentioned to Mr. Shapiro in the beginning was the lack of local employment possibilities for citizens and he listed the businesses that have either come to Ocoee in the past few years with Mr. Shapiro's assistance or have expressed confidence in his administration: Sysco, Florida Auto Auction, Health Central, Amber Electric. ADJOURNMENT Mayor Vandergrift adjourned the Work Session at 8:57 p.m. in order to begin the Special Session. Approved: Attest: CITY OF OCOEE Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 8 EXHIBIT A .� MEMORANDUM TO: City Manager Ellis Shapiro FROM: Mayor Scott Vandergrift DATE: November 25, 1992 RE: EMPLOYMENT CONTRACT You mentioned on the Tallahassee trip your intent to ask for a renewal of your employment contract at a commission meeting in December. Before you seek this contract renewal, I request that you furnish me with the following: 1. A copy of your current contract; 2 . A copy of all information in your employment file including, the original contract, resume, and minutes of meetings at which your contract was discussed; 3 . A report on accumulated vacation, sick, and compensatory time pending; 4 . A summary of your accomplishments while city manager, including copies of all procedures (suggested and implemented) , policies, charter information, laws, and any other information you think would assist the commission in its decision; 5. Your short-term and long-term plans for the city; 6. Your request for the terms of your contract. Please provide this information to me in writing at least two weeks prior to the public meeting at which your request is to be made. This memo is a recommendation of procedures to allow you the best opportunity to qualify your request for continued employment. I assure you that you will get fair consideration in this matter. cc: Paul Rosenthal c:\wp51\ocoee\melis11.92 • THE CITY MANAGER AS I SEE HIM ELLIS SHAPIRO On Thursday October 29, 1992, five days before the election, I received word while attending a meeting of the Concerned Citizens for Better Government, that a rumor was afloat that the City Manager had said he would resign if I were elected Mayor. On Friday October 30, I met with Mr. Shapiro in his office in City Hall to clear the air regarding the rumor. He said that he had told only a few close friends and acted surprised that I had heard it. He also said that he could not serve as City Manager in a government that had a strong Mayor for the following reasons: 1. He is opposed to citizen involvement in government through volunteer committees, because they are too costly and their existence is just a nuisance and requires too much time to coordinate. 2 . He didn't want anyone telling him how to do his job. 3. He was opposed to the public knowing too much about the inner workings of his government. 4. He informed me of how to be Mayor. There were other reasons that slip my mind now, but these were the hardest for me to swallow. I listened and commented that if I had heard the rumor in a meeting of non-supporters of Ellis Shapiro that I felt that it was put out as a part of a campaign to block my election as Mayor. He denied that that was true but stated he meant what he said. The day after the election I met with Ellis again and he informed me. that he wasn't stupid and there wasn't much of a job market for City Managers and that he indented to stay and conduct himself within the guidelines of the charter, and expected me to do the same. (The charter should be revised to establish a provision that says that the City Manager should not be allowed to politic for one candidate or the other and such actions be grounds for suspension or dismissal, ) In subsequent meetings with the City Manager, I have been told the following: 1. I have no right to change or add to the agenda for City Council meetings; that the agenda is to be made up by the City Manager. 2. I should not take too much of employees ' time talking to them. 3. . I should not request a task of any employee without asking the City Manager first. 4 . .I have asked for a staff meeting to introduce myself and have 1 not been invited to the regular staff meeting. Nor have I been offered a special staff meeting. 5. I have asked for an organizational chart of the people who work for the city and their positions. To date I have not received an accurate chart. 6. There is no plan for newly elected officials to indoctrinate them as to the issues before us, or the issuance of papers, pamphlets, or information that would help them to come up to speed on what is before the Commission. I have had to ask for and prod to get what information that has been forthcoming and I feel a lot has been left out. In the future, within one week of election, a packet containing all the information needed to make them effective commissioners should be supplied to newly elected officials. 7 . There are intimidating remarks regarding the recent election being made to city employees. These remarks must be stopped and the person or persons involved in the intimidation should be addressed in such a manner that this situation should never occur again. Every employee in the city has a right to support the candidate of his or her choice on his or her own time without fear of being persecuted by their superiors. The use of city-paid time for political purposes should be strictly prohibited. 8. The recent "secret" press conference during the campaign was pure politics, and I highly suspect that time and employees were used, with or without their knowledge, for promoting a political service. In my administration, there will be no secret press conferences or the use of employees ' or city time to promote any singular candidate. 9. The City Manager is using the "Sunshine Law" to divide and conquer the commission. The commissioners are not allowed to talk to each other outside meetings but the City Manager is allowed to lobby each commissioner one a time, thus prevailing in matters that he deems important to his power base or that he deems might lessen his power to dictate over city offices. He has assured me that he has the three votes needed to renew his contract regardless of his actions toward me, other commissioners, staff, employees, or citizens, As of November 25, I requested that certain information be furnished to me two weeks before he places this important action on the agenda, He did not provide the requested information and placed this issue on the agenda anyway because of those votes and the lobbying efforts he put in. Had I not presented the memo on the 25th, I probably would not been told of the agenda item until I got my package late Friday afternoon. _While running for office, I conducted a survey of citizens and, without asking them expressly about the City Manager, I received a negative opinion on the City Manager from 9 out of 10 voters who expressed an opinion. 2 While introducing myself to employees, the same sentiment ran about 7 out of 10 of those who weren't afraid for their jobs and who were willing to talk to me. Of the staff who were willing to talk and who are not afraid of losing their jobs, more than a majority of them expressed fear, resentment, and downright distrust for the current City Manager as well as other staff members. I was told that some of the staff are ready to leave for other positions if a satisfactory solution was not found (meaning a new City Manager) . I believe our city is sinking into a Machiavellian form of government under the management of Ellis Shapiro, instead of looking for ways to involve people who have idealistic values that will make this city the most forward looking form of government that taxes can pay for. I ask you to join me in the search for that kind of government of laws rather than people, of debate and not deceit, of involvement not of rigged elections. While being in office recently for just less than a month, I come to the job in my fifth year as a public servant to this community, as a past city commissioner and Mayor. In those periods of service, I tried very hard to be a team player and not to cause unrest in the community and, at the same time, I tried to speak out about unconscionable abuses of the powers of City Hall and to get the commission to plan for the future and conquer the problems of the day. I have won some and lost some in those four previous years. Some commissioners who might try to portray me as a Johnnie-come- lately should step back and take a look at my record of firsts in the organization of this current government that were truly accomplished by prodding and continued effort in hands-on government that has helped to bring this city to the place it is today. c:\wp51\ocoee\ellis12. 1 3 EXHIBIT B "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER Ocoee S.SCOTT VANDERGRIFT ° �' ° CITY OF OCOEE RCOMMISSIONERS ST off oN a. 150 N.LAKESHORE DRIVE PAUL W.FOSTER D OCOEE,FLORIDA 34761 VERN COMBS c� ?v (407)656-2322 SAM WOODSON 04 of GOO N>J` CITY MANAGER ELLIS SHAPIRO MEMORANDUM TO: The Honorable Mayor and Board of City Commissioners FROM: Ellis Shapiro, City Manager DATE: December 17 , 1992 RE: RESPONSE TO MAYORS MEMO OF 12/1/92 • Pursuant to the direction of the City Commission, I will try and answer Mayor Vandergrift ' s memo as best I can. 1 . Near the end of the Mayoral campaign I advised 4 or 5 of my closest friends that I did not think I could effectively perform my job as City Manager with Mr. Vandergrift as Mayor as a result of his prior tenure as Mayor in the 1970 ' s . This was never a public statement and should have had no effect on the election. 2 . On October 30 , 1992 , I did meet with the Mayor and confirmed the above position with him. In regard to the next four statements I recall the following: (a) Volunteer Committees - I stated that I had worked for cities with a great deal of committees . They tend to be costly due to the need for city staff and secretary skills to be present . I stated that if he wished a committee formed it would not be recognized by me or my staff unless it was approved by the majority vote of the City Commission. (b) I never stated this to my knowledge . (c ) I never made this comment, either. (d) I did suggest to him that under a Council-Manager form of government the Mayor becomes the political leader by consensus and not by Charter authority; that it is important to respect the votes of the currently seated group and not expect them to revisit every issue you may • wish to pursue. 4 . On the day after the election, I did meet with Mayor Vandergrift . I did tell him that I had changed my mind after talking to some of the remaining incumbents who advised me how important the stability of government needed to be in these times . I did state that I would operate under the terms of the City Charter and expected him to do the same . 5 . In subsequent meetings he was told the following: (a) I did advise him that he did not have the right to change the format of the agenda nor remove an iter on the. agenda placed by the City Manager without my okay. (b) The Mayor had been visiting work sites of the employees before and during work hours . I suggested that meetings with employees should not be held during working hours but scheduled before or after work. (c ) I never said this to him. In fact, I advised my staff to do what it could to meet the requests of the Mayor. The only stipulation was that if it was going to cost money or take significant time away from your scheduled work week, advise him to see me first . (d) He never asked me for a special staff meeting and all of the City Commissioners know that any meeting not involving personnel matters are open to any commissioners ' attendance at any time. I conveyed this to the Mayor as well . (e) Upon her return from vacation, our Employee Relations Director gave the Mayor and organizational chart with staff supervision. To date he had not asked for more on this subject . ( f) The materials such as the Comprehensive' Plan, Charter, etc . were given to the Mayor as available. The amount of information requested by a newly elected official is an individual decision. To his credit, Mayor Vandergrift ' s requests are numerous and varied. (g) In regard to the election, Mayor Vandergrift is not specific as to what or who he holds responsible. I can ' t respond to generalizations . I can say, however, that our last election was well done by our City Clerk and the dedicated poll workers of our community. (h) I have no way of knowing how a City calls a "secret press conference. " In the case of the mall, the Homart Development Co . determined whether or when they wished to make a public announcement . The press release read was verbatim from their company officer, Mr. Oliaro. Present at the press conference was the Mayor and City Commission whose political stability was instrumental in the selection of this site in Ocoee. ( i ) Mayor Vandergrift assumes that the City Commission does not think for themselves on major issues facing the City. At no time have I ever suggested to a City Commissioner how he vote on an issue. I cannot respond to the editorial comments of Mayor Vandergrift ' s last 7 or o paragraphs . I can only say that I am listening very carefully to the residents of the community and businessmen from the area who do not have political axes to grind as to how I can improve my performance as your City Manager. Respectfully Submitted, RS : fdg /110.4j� (,U S /A/7f2- nawa. Coximefer EXHIBIT C Pam Tree Properties, Inc. 229 Franklin &reet Ocoee, Florida 34761 December 15, 1992 The Honorable Mayor and Commissioners: As business owners in the City of Ocoee, my husband and I have always taken an active interest in the City of Ocoee matters. A year ago, as we were deciding on whether or not to buy a property for our business in the City, we went to City Hall to determine what our options would be should we decide to purchase. After informative discussions with the City Manager and various members of the staff, we decided we would go forward with our plans. The experience was a very positive feeling that we had made the correct decision in both building and locating a business locally. Our opinions at that time and presently are that our City Manager, Ellis Shapiro has done an outstanding job in the staff that he has hired and led, the path chosen for our City, where numerous projects have already been completed, and organizing future development to continuously, but tastefully increase our tax base. We had heard rumblings that the City was difficult to deal with. That opinion by and large has been changed to a more positive attitude by developers, business people and citizens. We have made great strides in a great city under the expertise and leadership of Ellis Shapiro. We urge each of you to consider the dire consequences of a vote to not renew the current contract. Please vote YES and allow OUR City to go forward with the dignity that we all deserve. Sincerely, ALLEN AND PAT BOND ws !..I ��A�R�e ' a it/ f3i4 EXHIBIT D Arvida NORTH FLORIDA DIVISION 120 INTERNATIONAL PARKWAY • SUITE 220 HEATHROW,FLORIDA 32746-5033 TELEPHONE:(407)333-1000 • December 14, 1992 • The Honorable Rusty Johnson City- Commissioner 150.N. Lakeshore Drive Ocoee, FL 34761 Dear Commissioner Johnson: Recently, I read where the Ocoee City Commission was preparing to have a workshop, the subject of which is the extension of the contract for the current City Manager, Ellis Shapiro. Arvida, developer of Wesmere, has had the opportunity to work with Mr. Shapiro during the past three years. Mr. Shapiro is a most definite asset to Ocoee in that he, continually and without failing, represents the best interest of the City. Being a development and homebuilding company, such a posture is not always best for Arvida but we have appreciated his professional manner in our dealings. • I write this letter to commend the City Commission for having Mr. Shapiro as an employee as he is honest, fair and, more importantly, he listens to all parties. - Please accept my recommendation that Ellis Shapiro's contract be extended. Looking forward to continued success for Ocoee in 1993. Sincerely, 4/4 -1 David L. Guy President Arvida Homes DLG:seb AGENDA 5-18-93 Item III A D © gip 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 by Commissioner Combs, moved to accept the proposed contract for employment as presented. Commissioner Woodson moved to amend the contract by deleting the 10% provision. 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 proposed contract was changed by Mr. Shapiro to exclude the 10% clause and include the additional provision that the base salary would be reviewed annually. This was accepted as a friendly amendment by Commissioner Johnson and Commissioner Combs and it was made a part of the motion to renew the contract. The motion with amendments is restated in the last paragraph 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 Av, 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 r t j 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 10% 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 2 City of Ocoee Commission Special Session December 17, 1992ju n 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 St., 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. 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 friendly amendment was acce•ted b Commissioner Johnson who had made the motion to acce It the contract as presented, and Commissioner Combs, who seconded the motion. The restated motion was to acce It the .ro posed contract for employment as presented, absent the 10% clause and including a clause providing for annual review of the City Manager's base salary. On roll call 3 City of Ocoee Commission Special Session iIJ zit\ December 17, 1992 Commissioner Combs voted "aye," Commissioner Foster "aye, Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Vandergrift "aye." 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: Attest: CITY OF OCOEE Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 4 YS/?-/79� EXHIBIT A dry /i4/2 d°,v?vier 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. 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 integrity 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 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 in 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 political 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 progressive 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 positive actions of a competent and caring staff led by Mr. Shapiro, the following list of accomplishments can be noted: 1) a comprehensive 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 projects 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 been a part of, he and I have not always been in agreement on every issue - but we enjoy 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. . . igst e/ 4,3recr r1.. Ertl /14.4A CoNTg.0 EXHIBIT B 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. 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 City 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 within 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. It is an honor and a pleasure to work for such a man. ACE. P•-) t"grj c)e-i P6 a cf l'S 'DA-ps� Peso a u6- /)1 116aa