V(A) Approval and Acceptance of Minutes of the City Commission Regular Meeting of March 2, 2004, and Special Session of March 4, 2004 Agenda 03-16-04
Item V A
iDAT
OCOEE CITY COMMISSION REGULAR MEETING
HELD MARCH 2,2004
CALL TO ORDER
Mayor Vandergrift called the regular meeting to order at 7:15 p.m. and led all in a moment of
silent prayer. Frances Watts led in reciting the Pledge of Allegiance to the Flag. City Clerk
Grafton called the roll and declared a quorum present.
PRESENT: Mayor Vandergrift, Commissioners Anderson,Howell, Johnson, and Parker. Also
present were Acting City Manager Horton, City Attorney Rosenthal,Assistant to the City
Manager Shira, Building Official Phelps, City Clerk Grafton, Community Development Director
Wagner, Human Resources Director Diedrich, Information Systems Director Ross,
Parks/Recreation Director Farmer, Police Chief Goclon, Principal Planner James, Public Works
Director Wheeler, and Deputy Public Works Director Zaitooni.
ABSENT: None
PRESENTATIONS AND PROCLAMATIONS
Years of Service Award—Ingrid James—5 Years of Service. (Human Resources Director
Diedrich)
Auxiliary Police Officers Certificate of Appreciation. (Police Chief Goclon)
None present.
COMMENTS FROM CITIZENS/PUBLIC
R.P. Mohnacky, 1820 Prairie Lake Boulevard, discussed garbage trucks that pick up the
garbage cans without the driver exiting the truck and asked questions to which Deputy Public
Works Director Zaitooni responded.
Jose Iglesias, 400 Misty Meadow Drive, asked for clarification regarding different fees and
funds. Commissioner Parker and Acting City Manager Horton responded.
Frances Watts,43 Shell Key Court,noted the City of Winter Garden has some entertainment
going on all year long and asked why the City did not do the same instead of saving everything
for Founders' Day.
Edward F. Moore,Jr., 3419 Kentshire Boulevard, commented on the City Manager's position.
Commissioners Johnson,Parker and Anderson responded to him.
COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE
Commissioner Parker
1) Read a letter from Donald Marcotte, 1508 Lilly Oaks Circle, praising the manner in which
Detective Ogletree followed through on the theft of a skateboard from his garage.
2) Read a letter of appreciation from Pamela Gould,president of Health Central Foundation, for
the $750 given in support of the Foundation's School Nurse Program.
Ocoee City Commission Regular Meeting 1
March 2,2004 � f�
Q
3) Announced the Big Orange Games scheduled for April 30 and May 1 and the preliminary
fund raiser Golf Tournament March 14 at Green Valley Country Club in Clermont.
ommissioner Johnson announce• the English to Sneakers of !the Languages,stucignt$'
request for funds for a Spring Bre*trip,then moved, seconded by Commissioner Anderson,to
•• l.t" 01 11 t• 1_- - t 0tr! ' - _ _ • - . ! ' . a ••-1 ._•i . -I.
Commissioner Anderson announced the West Orange High School Warrior Band golf
tournament at Stoneybrook West Golf Course on Friday,April 23, 2004. Commissioner
Anderson.seconded by Commissione Parker m. ed t• 'lactose a fgursgme in the
tournament. Motion carried 5-0,
Mayor Vandergrift announced the opportunity to vote early at the West Oaks Library during
regular library hours.
EMERGENCY ITEM-REQUEST FROM MR. GLEASON TO CHANGE PUBLIC
HEARING DATE.
Mayor Vandergrift declared this to be an emergency item at the request of Special Counsel
Susan McKenna.
Special Counsel McKenna directed attention to a request from Mr. Gleason to reschedule the
public hearing set for March 4.
ommissioner Parker.seconded by Commissioflr JpzpsQP,moved t• chain- the date o _ "
public hearing to March 10, Motion lost 2-3 with Mayor Vandergrift, Commissioner Anderson
and Commissioner Howell voting no.
EMERGENCY ITEM
TEMPORARY ELECTRICAL SERVICE PROPOSAL WITH PROGRESS
ENERGY/OCOEE CROWN POINT PUD PHASE I INFRASTRUCTURE PROJECT
Mayor Vandergrift declared this to be an emergency item at the request of Public Works
Director Wheeler.
Public Works Director Wheeler gave the staff report for this request for approval of the
expenditure of funds to pay for the installation of temporary overhead electrical service for the
new high school and the wastewater lift station to Progress Energy Florida, Inc. on the Ocoee
Crown Point property. The cost of the service is $9,904.89 and will be charged to the Ocoee
Crown Point project fund.
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possible in providing the temporary electrical service to the new high school and wastewater lift
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for the new high chool, Motio• - • -1.
CONSENT AGENDA
Page 2 of 9
Ocoee City Commission Regular Meeting
March 2,2004
The consent agenda consisted of items A,B,C,D,and E.
Commissioner Anderson raised a question about item E as he believed it was approved at a
previous meeting. Without objection item E was pulled from the consent agenda.
City Attorney Rosenthal modified the staff report on item D,which is the approval of the
distribution easement with Progress Energy Florida, Inc.,by adding"with such additional
revisions as may be approved by the Director of Public Works and the City Attorney"as that is a
draft document in the file and there are some revisions being made to make sure it is only for
underground utilities.
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I _! • ! . !.. a ' • 1. . •.- • .1 1! :- '- !! .0 _ % •�• I -1 •, _� (•l� • ' !1.
Motion Carrie•,5-0.. — — —
A. Approval and Acceptance of Minutes of City Commission Regular Meeting of
February 17,2004. (City Clerk Grafton)
B. Approval and Authorization of Renewal of FDOT Memorandum of Agreement,
Contract#AL454, State Job#244298-1-72-05 and Authorization for Mayor and
City Clerk to Execute Renewal Agreement. (Deputy Public Works Director
Zaitooni)
This renewal will replace the existing contract,which will expire April 30, 2004,with
FDOT for routine maintenance of State right-of-ways in the amount of$37,237.55.
This amount represents a 3%increase from the previous contract period.
C. Quarterly Financial Report—First Quarter Fiscal Year 2004. (Finance
Supervisor Carter)
This report covers activity for the period October 1, 2003 through December 31, 2003
and revenues are being collected as anticipated for all funds. Expenditures are being
closely monitored and are within expected ranges.
D. Approval and Authorization for Mayor and City Clerk to Execute Distribution
Easement with Progress Energy Florida,Inc.for Underground Facilities on the
Ocoee Crown Point Property. (Public Works Director Wheeler)
Under the provisions of the Land Development Code, all utilities within new
developments are required to be placed underground. For the Ocoee Crown Point
property,the project was designed following the Ocoee Land Development Code for
underground utilities.
Item E was pulled from the agenda.
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Page 3 of 9
Ocoee City Commission Regular Meeting p ��
March 2,2004
Mayor Vandergrift announced item VII B-Kohlmeier Kelly Variance was an advertised
public hearing and would be considered immediately following Resolution 2004-03.
PUBLIC HEARINGS
Resolution 2004-03-SunTrust Line of Credit Increase. (Finance Supervisor Carter)
Mayor Vandergrift left the dais and was not present through the presentation and
consideration of this item.
City Attorney Rosenthal read the title only of the Resolution approving the proposed funding to
increase the line of credit with Sun Trust Bank for the Coca-Cola property(Crown Point).
Finance Supervisor Carter gave the staff report advising they had moved forward with
financing for additional construction needed for utility lines, etc. as directed at an earlier
meeting.
The public hearing was opened.
R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked for clarification. City Attorney
Rosenthal explained it was for the extension of the road and infrastructure improvements from
the Westyn Bay project into Ocoee Crown Point PUD, so there would be a road and utilities for
the new high school.
Jose Iglesias,400 Misty Meadow Drive, asked if there were any water and sewer lines involved.
City Attorney Rosenthal responded this expenditure was not being paid by the water or sewer
charges to consumers,because the City owns this project and is paying for it just as a private
developer would pay for it. Therefore,this has no impact on the water and sewer rates.
The public hearing was closed.
Com.i issioner Parker. seconded b Mayo ' � - . . . . . ,
N. I I -1 1 - • '• • _.- '' - } .__' _0 _ ,_I_ _ l : .J . 0,/ 0 ! : u. -I. Mayor
Vandergrift was away from the dais.
Kohlmeier- Kelley Variance. (Principal Planner James and Building Official Phelps)
City Attorney Rosenthal read the title on the case.
Principal Planner James gave the staff report,advising this variance application is to permit a
driveway to continue to encroach a two-foot side-setback required for residential driveways.
Mr.James displayed details on the overhead and explained the circumstances surrounding the
case, including the history of appearing before the Code Enforcement Board,putting in the
driveway without applying for a permit, applying for the variance, requesting a waiver of the
fees, (denied by this Commission December 3, 2003), and appearing before the Board of
Adjustment,where that Board found the criteria for a variance had not been met, so
recommended denial of the variance. Mr.James said staff concurred with the Board of
Adjustment fmdings and recommended that the case be referred back to the Code Enforcement
Board to proceed with whatever action is necessary to correct this code violation.
Page 4 of 9
Ocoee City Commission Regular Meeting DRAFIr
March 2,2004
•
Richard Kohlmeier, 465 Meadow Sweet Court, said he did his driveway just like his neighbors
and no one has complained,that he had also provided a drain(which others had not done). He
added a neighbor had appeared at the Board of Adjustment public hearing to vouch for him, as
his driveway was like everyone else's in the neighborhood and did not offend anyone.
The public hearing was opened.
Commissioner Johnson commented the fence was illegal as well, and Commissioner Howell
advised the fence had been cut down. Discussion ensued regarding what was permitted and not
permitted with fences.
The public hearing was closed.
After general discussion, during which questions from the Commission were directed to Mr.
Kohlmeier, concern was expressed that approving this request might send the wrong message to
the citizens—that following the written rules was not necessary. Commissioner Parker asked if
the extenuating circumstance that all the neighbors had similar driveways was enough not to
make everybody's circumstance extenuating. City Attorney Rosenthal opined that identifying
an extenuating circumstance could be what Commissioner Parker had just described,the pre-
existing condition of the driveways being up to the property line,in order to be consistent with
the neighborhood to that extent if there are other places in the City where similar conditions
exist,they could come in and make the same argument. They would have to go through the
same variance process.
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MQtion carried 4-1 with Commissioner Johnson voting no.
OTHER BUSINESS
MVP Neighborhood Matching Grants. (Assistant to City Manager Shira)
Assistant to the City Manager Shira said this program is growing in popularity and, as there
were 13 applications totaling$30,650. in requests, she had put together a staff committee to work
out the way to rank the requests and make a recommendation to distribute the$20,000 budgeted
for this purpose. She listed the criteria used by the committee and the committee's
recommendations. Ms. Shira said some of the applications what were not recommended came
to be in that category because it was unknown whether permitting was available or appropriate
for the project. Most of the applicants were present in the audience.
The first applicant to speak was Nicholas Pagano, 201 Olympus Drive, speaking for Lake
Olympia Club. Their application had been turned down because part of the request was for an
item that should have been considered in their maintenance budget and, for the other part,the
pond was not designed as a wet pond. They had agreed with the committee that a portion of the
request did not meet the criteria and so they had removed that portion, but still wished to be
considered for providing a floating, lighted fountain in the retention area on Tract A, as the pond
has water in it all the time. When asked whether this could be corrected, Deputy Works
Director Zaitooni responded there may be an engineering issue preventing the water from
Page 5 of 9
Ocoee City Commission Regular Meeting ( U
March 2,2004
draining out or percolating as it should. He said if it has not been the cause of any flooding it
would be possible to permit the fountain to be installed, and he could check it out.
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this Commission. Motion carded 5-0.
Patrick Spikes, Temple Grove Estates, 2658 Grey Wall Avenue, described their project of
creating consistency in their two entranceways.
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reco endation for the awards. The vote • ,en at the end of the discussion and following all
t- ,_11 - ft.., - - w. - .0 a •- _1_• !j • •• l . s " 1 1- • Commissioner Anderson voted no.
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Q.
Dian Hooper, Ocoee Elementary School, 400 South Lakewood Avenue,expressed appreciation
for this program and explained they were serving the entire City of Ocoee using these funds for
children that would otherwise be home alone. She asked for the amount awarded to be increased
to the total available.
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D.
Elizabeth Ervine, Sleepy Harbour Condos, said the permit is in place for their application and
she expressed appreciation for the program.
Leonarda Richardson,Richfield Homeowners Association, asked for an increase in their award
to help them replace the fence between Richfield and Coventry.
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from$1,350 to $2,500. Motion carried 5-0.
At this point Commissioner Johnson interrupted the procedure and made the following
motion. A recess was called from 9:15 to 9:25 p.m. before the vote was taken
Commissioner Johnson, seconded by Commissioner Parker,moved to amend the main
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nothing that could not be done would be included, with the additional amount of$10,650 coming
from contingency ds. Motion carried 4-1 with Commissioner Anderson voting no.
Page 6 of 9
Ocoee City Commission Regular Meeting DRAFTMarch 2,2004
Co,.missipne Johnson,seconded by Commissioner Parker, moved to raise the total for the
MVP Awards line jtem in next year's budget to $30,000. Motion carried 4-1 with
Commissioner Anderson voting no.
Before the final vote was taken there was discussion regarding whether the applicant needed to
be present during the award process,with Commissioner Anderson speaking in favor and
Commissioner Johnson against the need.
Max Bruton, Ocoee Little League,was present to request the total amount and was advised that
had been taken care of.
Debra Booth,917 Bloomington Court, asked at what point the petitioners were advised their
petitions were insufficient. Ms. Shira responded they were advised at the mandatory workshop
they would not receive notice but would be judged on the submission.
F. This item was taken out of agenda order as it was an advertised public hearing
but had been placed in the wrong section of the agenda. See above.
Public Works Requests. (Deputy Public Works Director Zaitooni)
Reallocation of FY 2003-2004 Budgeted Funds in the Amount of$59,000 for Paving of Lyle
Street,Lee Street/Kissimmee Avenue, California Avenue, and Miscellaneous Intersection
Improvements at A.D. Mims Road and Beech Center.
Authorization of Ranger Construction Industries,Inc. to Perform Work.
Deputy Public Works Director Zaitooni gave the staff report describing the reallocation of
funds requested to accomplish some much needed paving. He pointed out Ranger Construction
Industries,Inc. was the lower of the only two binds received for the job.
ommiss'oner ohnson,seconded by Commissioner Anderson,moved tQ approve th-
_(- - _ J i1uto--
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work.. Motion carried 5-0
Discussion: Status of FDOT's Highway Lighting Projects on Silver Star Road(438)and
West Colonial Drive(SR 50). (Deputy Public Works Director Zaitooni)
Deputy Public Works Director Zaitooni gave the staff report on Silver Star Road(438),
displaying details on the overhead. He said the current agreement with FDOT is still good, funds
have been allocated by FDOT and they will pay for initial capital costs up to$316,000. He
described the difference between the standard and decorative lighting.
Mayor Vandergrift,seconded by_Comjssigpe ,JQbgsop,moved tQ mix and match the
lighting and get it done as soon as possible. Motion carried 5-0.
Mr. Zaitooni then reviewed the lighting available for West Colonial Drive (SR 50)and
recommended staying with the standard.
Page 7 of 9
Ocoee City Commission Regular Meeting
March 2,2004
EDEFAF' clr
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standard lighting for SR 50. Motion carried 5-0.
Selection of Acting City Manager. (Human Resources Director Diedrich)
Human Resources Director Diedrich reported Mr. Simmons did not want to submit just one
name and had sent 5 names of Range Riders who are available: Charles Saddler, Hugh Williams,
Kames Coleman, David Sallee,and Eugene Williford.
vor Vandergrif, seeonded by Commissioner Johnson,moved to continue this item to the
Special Session scheduled March-4. Motion carried 5-0.
Discussion Re: Citizens Appointment to Ax the Gridlock Study Committee. (Mayor
Vandergrift)
Mayor Vandergrift said a citizen is needed to represent the City on the Ax the Gridlock Study
Committee and he suggested appointing Rob. McKey. Commissioner Johnson said Debra
Booth would also like to do this. Commissioner Anderson said Rosemary Wilsen would be
interested as well. Without objection this item was put forward to the March 16 agenda and
those interested were asked to submit their background information.
Proposed Burial of Overhead Electric Lines on McKey Street by Progress Energy. (Deputy
Public Works Director Zaitooni)
Deputy Public Works Director Zaitooni gave the details of accomplishing the burial of
overhead electric lines on McKey Street and said he was not asking for additional funds,as by
rearranging some of the grant money,his department would find the $40,000 needed up front;
however he did need direction to give Progress Energy to move forward with the design if this
should be the wish of the Commission.
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and direct Progress Lrie • 1.1' A - • _I- • e1_ U_• •• 1 . 11.- 1 -t.
STAFF REPORTS
Response to Mayor Vandergrift's Question Regarding Permitting. (Building Official
Phelps)
Building Official Phelps distributed a handout showing statistics regarding permits issued,
inspections accomplished, and permit revenues. He responded to Mayor Vandergrift's comment
at the last meeting regarding the amount of work done vs what was done in the City of Winter
Garden.
COMMENTS FROM COMMISSIONERS
Commissioner Parker said in the past Commission had requested a report and an ordinance on
the cost of filling a swimming pool,etc. and she wanted to add to that when someone has a big
leak,documented by a plumber,they be given consideration as well. City Attorney Rosenthal
said that ordinance had been delivered to staff this week. Acting City Manager Horton said a
report would be ready by the next meeting.
Page 8 of 9
Ocoee City Commission Regular Meeting U ll Q
March 2,2004 uu 1u1 IF IT
Commissioner Johnson
1) Reported that WalMart is letting trees die and their plants are not watered,trash is not picked
up. Building Official Phelps said Code Enforcement has already called on them.
2) The trees on one side of the street are dead on the road towards ThorneBrooke. Community
Development Director Wagner said Commission would need to authorize staff to install
irrigation. Public Works Director Wheeler said they would check into it.
Commissioner Anderson said there is a rash of signs everywhere (not campaign signs).
Building Official Phelps said he has been talking about having an inspector work weekends to
work on signs.
Commissioner Howell
1) Asked what Onyx charges for picking up extra waste, as his mother was charged$45 and he
felt that was too much. Mr.Wheeler described the procedure used to make the decision for the
charges; i.e.,that a picture is made and the price is set by our Solid Waste Supervisor after seeing
the picture and checking out the site.
2) Announced March 9 is Election Day.
3) Advised all about the opportunity to vote early at all Orange County Libraries.
4) Again expressed heartfelt sympathy for Martha Lopez-Anderson and her family, and said our
prayers are with her.
Mayor Vandergrift asked if Arbor Day is to be celebrated and, if so,he wished to be notified in
time to take part in the ceremony. Parks/Recreation Director Farmer said it is planned and he
would get the information to him.
ADJOURNMENT
The meeting adjourned at 10:44 p.m.
APPROVED:
Attest: City of Ocoee
Jean Grafton,City Clerk S. Scott Vandergrift,Mayor
Page 9 of 9
DRAFT Agenda 03-16-04
Item V A
MINUTES OF THE OCOEE CITY COMMISSION SPECIAL SESSION
HELD MARCH 4, 2004
CALL TO ORDER
ROLL CALL AND DETERMINATION OF A QUORUM
Mayor Vandergrift called the Special Session/Public Hearing for City Manager Gleason to
order at 7:02 p.m. in the Commission Chambers located at 150 N. Lakeshore Drive. City Clerk
Grafton called the roll and declared a quorum present.
PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson, and Parker. Also
present were City Attorney Rosenthal, Special Counsel McKenna, City Clerk Grafton,
Community Development Director Wagner, Human Resources Director Diedrich, Information
Systems Director Ross, Police Chief Goclon, and Chief Communications Supervisor Simanski.
Mayor Vandergrift announced the purpose of this special session was a public hearing to
discuss the City Manager's termination. He said City Manager Gleason would be given thirty
minutes to speak and then the public hearing would be opened to give others an opportunity to
speak for five minutes each. He asked the pleasure of the Commission regarding reading e-mails
that had been received and they agreed to read those first in the public hearing portion of the
meeting. Mayor Vandergrift announced first that Acting City Manager Horton had asked to be
excused from this meeting as her daughter was having a recital and he had authorized her
absence from this meeting as she could be reached by cell phone if needed.
City Manager Gleason addressed the audience first and asked all to observe the Civility Code
when making their statements. Mayor Vandergrift thanked Mr. Gleason for this and asked the
clerk to reset the clock to begin when Mr. Gleason started his actual speech.
Mr. Gleason read from a prepared statement, which is available in the verbatim transcription
attached to these minutes.
At the end of Mr. Gleason's statements he left the room and the public hearing was opened.
Commissioner Parker read e-mails from the following citizens in support of Mr. Gleason:
John Casisa
John Konicek
Mary Branche
Mayor Vandergrift read a message from Rob McKey not in support of Mr. Gleason.
Dave Cavenaugh, 1868 Lochshyre Loop,just wanted the Commission to make the right
decision.
Ocoee City Commission Special Session/Public Hearing for Termination of City Manager n' AF
IJ
March 4,2004
Shelly Simon, P.O. Box 1142, and Victoria Laney, 828 Hammocks Drive, spoke against Mr.
Gleason.
Mayor Vandergrift read an e-mail from Louis Fazio, Manheim's Florida Auto Auction, in
support of Mr. Gleason.
Then the following citizens spoke in support of Mr. Gleason:
Steve Marbais, 716 East Lakeshore Drive
Scott Glass, 2417 Ridgewind Way
Recess 7:58—8:13 p.m.
Barbara Anthony, 405 South Bluford Avenue
Paul Johnstone, 1087 Depot Court, Winter Garden
Mark Scalzo, 6938 Cross Cut Court
Steve Lister, 450 Fern Meadow Loop
Henry Morgan, 304 South Lakeshore Drive
Human Resources Director Diedrich
R.P. Mohnacky, 1820 Prairie lake Boulevard
Nancy Maguire, speaking for the Historical Commission
Police Chief Goclon
Jose Iglesias, 400 Misty Meadows Drive
J. Lester Dabbs,Jr., 619 Caborca Court
Will Mendosa, 1308 Winding Way Court
Mayor Vandergrift read e-mails from:
Ann Whittle in support of Mr. Gleason, then two messages against from:
Rusty Briggs
Terry Long
The public hearing was closed.
DISCUSS CITY MANAGER'S CONTRACT
Each Commissioner in turn made a statement for the record and those are available in the
verbatim transcription also.
Commissioner Howell, seconded by Commissioner Anderson, moved to adopt the Final
Resolution to terminate Mr. Gleason.
Special Counsel McKenna read the Resolution in its entirety for the record.
Motion carried 3-2 with Commissioners Johnson and Parker voting no.
SELECTION OF ACTING CITY MANAGER
Mayor Vandergrift, seconded by Commissioner Anderson, moved to keep Finance Director
Horton as Acting City Manager until the next regular Commission meeting and to move this
item to that agenda. Motion carried 3-2 with Commissioners Johnson and Parker voting no.
2
DRAFT
Ocoee City Commission Special Session/Public Hearing for Termination of City Manager
March 4,2004
ADJOURN
The meeting adjourned at 9:50 p.m.
APPROVED:
Attest: City of Ocoee
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
3
DRAF7
VERBATIM TRANSCRIPTION OF THE OCOEE CITY COMMISSION
SPECIAL SESSION HELD MARCH 4,2004
The audio tape begins mid-sentence.
Mayor Vandergrift: - ... my best, unless you want to sign in. I would like for you if
you feel like speaking to please fill out one of the speaker's forms in back and put pro or
con on it and we'll give you an opportunity to speak.
The recorder remains on while the Commission assembles;however, those
conversations are omitted from this transcription.-
Mayor Vandergrift: I think everybody's here, so uh, — do I have a cameraman?
Cameraperson? If we have lights flashing is that yes? Flash again if it is yes. Okay. All
right, flash when you're ready to start. I call the meeting to order. Tonight we have a
special meeting — special session - to determine the advancement of the City Manager's
uh, termination. It is a public hearing and I said before the meeting we will allow the
City Manager — suspended City Manager - to speak for 30 minutes then we'll open the
public hearing and hear what you all have to say. I said I would do pro and con, but on
the basis of what I'm looking at here, I can't determine who's pro and who's con. Now if
you do wish to speak, I would like for you to fill — fill out a speaker's form in the rear of
the room and get it up to the Clerk down here; she will pass it along to me. And if you
will, refrain from interrupting anyone, this is going to be a hearing basically. I would ask
the Commission where would you like to read in the e-mails that you got — at the
beginning of the public hearing? Get them all out of the way.
Commissioner Parker: Yes sir, that's okay with me.
Mayor Vandergrift: That okay with you? Without objection then. Alrighty, would you
call the roll,please ma'am?
City Clerk Grafton: Mayor Vandergrift?
Mayor Vandergrift: Here.
City Clerk Grafton: Commissioner Anderson?
Commissioner Anderson: Here.
City Clerk Grafton: Commissioner Howell?
Commissioner Howell: Here.
City Clerk Grafton: Commissioner Johnson?
Commissioner Johnson: Here.
1
L,
City Clerk Grafton: Commissioner Parker?
Commissioner Parker: Here.
City Clerk Grafton: All are present, sir.
Mayor Vandergrift: Acting City Manager Wanda Horton has asked not to be here
tonight. Her daughter's in a recital and I didn't see any reason for her having to be here.
I do have her cell phone so if we have any questions for her, then we can give her a call.
And with that having been said, Mr. Gleason, you have the floor.
Jim Gleason: Commissioners, Mayor, City Attorney Rosenthal (unintelligible)
(laughter). Jim Gleason, Clerk, address 856 Hammocks Drive, Ocoee 34761. First thing
I'd like to state tonight is that those of you who are here, whether you are pro or con or
indifferent, I would ask that each and every one of you follow to the letter of the law the
Civility Code the City of Ocoee passed some time ago. This is a professional public
hearing and should be conducted in that manner. I will read very quickly what those
rules are because I believe that's important to set the basis for all of us on how we
conduct the meeting. All electronic devices, including cell phones and pagers shall be
turned off or otherwise silent, that would be rude to interrupt whoever the speaker is.
Prolonged conversations should be conducted outside of the chambers with the doors
closed. Clapping, whistling, heckling, gesturing, loud conversations or other disruptive
behavior is prohibited. Only those individuals who have submitted speaker forms and
who have been recognized by the Mayor or the Chair may address comments to the
Commission or the Board. Comments at public hearings should be limited to the subject
being considered by the Commission. In this case, my termination. All public comments
shall avoid personal attacks, abusive language and redundancy. Any member of the
public whose behavior is disruptive and violates the City of Ocoee Civility Code is
subject to removal from the Commission meeting by an officer and any such other action
that may be appropriate. For those of you who were here February 3, you know that
there were people that were asked to leave this room. What I ask on my behalf,
regardless of what the position is, is that you please conduct yourselves in a professional
manner and follow these rules and respect every speaker and the opinion that they need to
give up here. Secondly, the purpose of this meeting- -
Mayor Vandergrift: Jim — can I interrupt you just a moment? Will you reset the time
for him?
City Clerk Grafton: Surely can.
Mayor Vandergrift: Thank you for making that point.
Jim Gleason: Thank you, Mayor for resetting the time, I appreciate that sir. I did not ask
for it and I appreciate it. The purpose of the public hearing, first is to ensure the public is
aware of the roles and responsibilities under the City Charter and the City Manager's
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Employment Agreement that controls how the City Commission, the Mayor and the City
Manager should operate. And for that I just wanted to read a couple of paragraphs for
you from our City Charter. Page C12, Public Record — There is hereby created a City
Commission to consist of five members, one of whom shall be known and designated as
the Mayor, the other four shall be known and designated as Commissioners. One of the
Commissioners though should also be known and designated as the Mayor Pro Tern. The
City Commission shall hold office in a manner hereafter provided and shall constitute the
governing body in the authority of the City of Ocoee with all the powers and privileges
granted herein. That the City Commission is a body of five, not a body of one. Duties
and Powers of the Mayor. The Mayor shall preside at all meetings of the City
Commission and shall be recognized as the head of the City government for all
ceremonial purposes and recognized — and will be recognized by the Governor of the
State of Florida for the purposes of military law, civil law or insurrection. The Mayor
shall have no regular administrative duties involved in the day-to-day operations of the
City. The City Commission shall appoint by affirmative vote of a majority of its
members a City Manager for a minimum term of one year. The City Manager shall be
appointed solely on the basis of the executive administrative qualifications and need not
be a resident of the City of Ocoee or the State of Florida at the time of appointment. The
City Commission shall pick the compensation of the City Manager and shall meet — I
stress that word, meet — annually with the City Manager to review and evaluate the City
Manager's performance. As of today, March 4, I have not had the opportunity to meet
with anyone regarding my performance review for the year of 2003. The City Manager—
Powers and Duties of City Manager— Folks, these are our Charters — it is a constitution
that runs the City of Ocoee. The City Manager shall be the Chief Administrative Officer
of the City and shall be responsible for the administration of all City affairs for which the
City Manager is given responsibility under this Charter. The powers and duties of the
City Manager shall include, but not be limited to the following: to appoint and, when
deemed necessary for the good of the City, to suspend or remove any City employee or
appointed administrative officer, unless otherwise provided by this Charter, the laws of
Florida or any personnel rules and regulations adopted by the City. The City Manager
may authorize any administrative officer who is subject to the City Manager's direction
and supervision to exercise their powers with respect to subordinates in such other
departments, offices or agencies. The City Manager is to direct and supervise the
administration of all departments, offices and agencies of the City, except as otherwise
provided under the Charter or the laws of Florida. The City Manager is to attend all City
Commission meetings and take part in any discussion at such meetings. These shall not
be construed to include the right to vote at such meetings. The City Manager does not
vote, the City Manager does not pass or dictate policy to the City of Ocoee. That is an
exclusive right of the Board of City Commissioners. To ensure, to the extent possible,
that all provisions of this Charter and laws and acts of the City Commission that are
subject to enforcement by the City Manager, or by officers subject to the direction and
supervision of the City Manager, are faithfully executed. To prepare and submit to the
City Commission an annual budget and capital program. To prepare and submit to the
City Commission a complete report on the finances and administrative activities of the
City at the end of each fiscal year. Such report shall be made available to the public. To
prepare and submit to the City Commission such other reports as the City Commission
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may require concerning the operation of the City departments, offices, agencies subject to
the direction and supervision of the City Manager. To prepare and submit to the City
Commission on a quarterly basis a complete report on the financial conditions, future
needs of the City and to make recommendations related thereto. To perform such other
duties as may be required under the Charter or as may be required by the City
Commission. To recommend to the City Commission the salary and wage scale and
officers and employees of the City of Ocoee. The reason I am reading those is because
you need to understand the specific dividing lines between setting policy and running
day-to-day administrative policy of the City of Ocoee which is separate from the elected
function and to also clarify to you that the City Manager does not vote and does not get
paid or make policies for the City of Ocoee. Second reason for this meeting is to clarify
for public record my annual evaluation review for the period of January 2003 to January
2004 that was read by Mr. Vandergrift on February 3id, 2004. I believe there were many
misstatements of the facts and inaccuracies that could negatively impact my professional
record, integrity and character which could make it very difficult for me to obtain gainful
employment as a city manager or county administrator in another locality. Employment
contract. I was employed April 19, 2001. The contract calls for an annual 90 day
window for the City Commission to notify the City Manager of its intent to renew or
modify the contract. I placed this matter on the January 6, 2004 City Commission
agenda, as January 19th would have been the final day that the City Commission would
need to have informed me of their intent on whether or not to renew the contract or
modify. As of January 16 meeting, not a single word was said — not a single negative
comment was made about my performance involved in the past year January 2003 to
January 2004. There was no motion to advise me of intent to not renew or to modify the
contract. The contract automatically was renewed for a one year period as of January
19th and that one year period was from April 19th, 2004 through April 18th, 2005. If the
City Commission had voted January 6th, 2004 to advise me of their intent to not renew
the contract I would have been given effectively a 90 day notice that my employment
with the City would end April 18th, 2004. I would have been required to work those 90
days and I would not have been entitled to any severance, there would have been no
cause for this public hearing, there would have been no need to hire special labor
attorneys and there would be no possibility of any litigation whatsoever. That did not
happen. The contract was allowed to renew and now the City has paid me to stay home
for 30 days instead of work. A special labor attorney has been hired and at the bare
minimum, the City will now have to pay me three months severance if I agree to sign a
waiver of any formal litigation or they will withhold that severance if there is litigation
and that matter then will be resolved in a court of law. All of this could have been
prevented if the vote made on February 3`d, 2004 had been made January 6th, 2004, so
one must ask, what happened between January 6 and 2000 — January 6, 2004 and
February 3`1, 2004 that placed the citizens in the position to now spend tax dollars
unnecessarily.
Comments to the Commission. Commissioner Anderson? I have no comments to you sir
because during that meeting you didn't make the comment pro or con in any manner, so
unfortunately I don't know why you voted the way that you did and I guess until I maybe
hear from you or see, uh, evaluation, I don't have anything to respond to so
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unfortunately, sir, I don't have a comment for you that—that would address any concern,
cause I'm not sure what they are.
Commissioner Howell? I have also not received your evaluation so I can't comment on
your concerns. You did state at the meeting that you had some personal issues and you
are correct, there are some personal matters between you and I, but Commissioner
Howell, this is neither the meeting or the place for those issues to be discussed. This is
not the forum and this is not the time and not the place for you and I to discuss or resolve
those issues as they don't have anything to do with this matter.
Mayor Vandergrift, you sir, are the only one who read my evaluation, the evaluation that
was never provided to me, nor an opportunity for us to meet and discuss per the Charter
and my Employment Agreement. In fact, I was not able to get a copy of my review that
you read on February 3`d until yesterday, ladies and gentlemen, March 3, 9:42 a.m. was
the first time I was able to get a copy of my review and I had to pay for my own review.
You clearly did not follow the procedures outlined in the Charter or the Employment
Agreement in handling the 2003 annual evaluation.
Commissioner Parker, Commissioner Johnson — you both spoke that night, I appreciate
your support and your defense for the job that I've done and both of you met with me
privately prior to that and gave me your verbal reviews and gave me the list of issues that
you thought I should work on for 2004.
Mayor, I will try to spend the following nineteen minutes addressing the ten items that - -
let me just clarify one thing for the record, you were quoted in the West Orange Times
yesterday that the Charter allowed for ten specific areas that I was to be judged on.
Mayor, that is false. If you look at the Charter, it requires an annual review, a meeting
with the City Manager— it does not list any requirements for a review or what those ten
were, so I just wanted to clarify that for the record because that was a false — false
information was presented to the newspaper. You read an e-mail dated August 8, 2002,
what does that have to do with the review period of January 2003 to January 2004? You
don't— you did not even know who this e-mail was sent to and you assumed it was sent
from me but I would question, you know, unless uh, the person that you can produce can
validate what's in that e-mail, you don't even know it was a true email or just a typed up
document and I would challenge this e-mail regardless, it has absolutely no relevancy to
this matter because it was dated August 2002 and my review was January 2003 to 2004.
Personal character—once again, you were a little loose to the facts—I never met with Mr.
Bowen, candidate in last year's election, nor have I ever had any conversations with Mr.
Bowen. I did tell Rosemary Wilsen, per my personal opinion of which I'm entitled, that I
felt she was not qualified to serve as a City Commissioner. I never campaigned for
anyone. Mayor, you are correct, I made poor judgment February of last year in picking
up two campaign signs, one from Commissioner Parker and one from Commissioner
Anderson, and I did take those signs home in the city car that was assigned to me and for
that, sir, you are absolutely correct—that's a lapse of judgment. This issue was discussed
last year — my son Sean, who is an eighteen year old registered voter, first time ever to
participate in an Ocoee election, has known Mrs. Parker since he was eight years old. He
donated a check to her campaign and requested a sign as a souvenir since he was not able
to vote for her because the Districts had been changed. My wife, after watching the
forum and the performance of Ms. Wilsen, who lives in our neighborhood, and my wife,
who is a registered voter and a taxpayer, requested a sign for Commissioner Anderson. I
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advised her that I did not feel that it was appropriate for us to put the sign up. I have been
married twenty-three years. I've learned I do not tell my wife what to do (laughter) and I
darn sure am going to do what she says. Should I have taken them home in the car? No.
That was poor judgment but for the record, let me read my contract. City Manager's
Contract, Fringe Benefits, Page 4, Public Record, Vehicle. Item 4. The employee shall be
allowed to use the vehicle for personal use within the Tri-County League of Cities
boundaries. That was after hours, the vehicle was used for personal use per the contract.
But that is no justification, Mayor, for lack of judgment on my part. You made a
comment about I campaigned for a union. I never campaigned for a union. I was
contacted by former employees I worked with at Health Central and they asked for my
symbolic support while they were exercising their rights under the state and federal laws.
I symbolically signed a petition on their behalf on my time, my lunch break. Why did
you not challenge my signature on your petitions to support the new Ocoee High School?
Is it selective interpretation on your part of what is a proper petition and what isn't?
Temper and abuse. Mayor, you're correct, I've gotten angry over the past year, yes, we
all do and no matter how hard we try, we all have our bad days and our buttons are
pushed. This is not a regular or repeated instance. You commented you had vulgar e-
mails, you stated you have copies of these e-mails — um, so far they have not been
produced and if they are, I hope they are dated January 2003 to January 2004 or once
again, I would contend they have absolutely nothing to do with my review period of what
this termination is about. Mayor, even you, yourself, have resorted to vulgarity in public.
You called me something that the Sentinel said rhymes with "glass bowl" at an Ocoee
City Commission meeting. I tried to get my sons to defend me and see if they would give
me a statement tonight but they told me that they would sign a form supporting you, that I
am in fact a "glass bowl" on occasion and as you see, Mayor, we all have our weak
moments. Alleged Sunshine violation. Mayor, you are incorrect. I did not retract the
statement and the proper state officials will investigate the alleged issue and they will
determine the merits. You know from just going through your own ethics investigation it
takes several months to investigate reported incidents for the record. And for the record,
your ethics violation was determined as being without merit and was dismissed, but you
still had to wait almost eight or nine months for that process. Relations with the Mayor
and Commission. You state I have been not supportive of you. The Charter states I
answer to the City Commission - not one of you individually. I can only support what
policies the City Commission approves. I have responded to every call, every e-mail or
question from you, even though there is little communication between us and I did not
berate you at a meeting last year, I pleaded with you to meet me halfway to try and work
together for the betterment of our community. I reached out my hand to you and you
refused to shake it and you have made no attempt to communicate with me any further.
It's not my job to express your views to the other Commissioners. Public
Communication. I return all calls, e-mails and letters. There are citizens who may not
get the answer they want, if that makes them angry—I'm sorry, but I will always provide
the facts and the truth. I have no way of intercepting e-mails as you've stated. If
someone sends me or cc's or copies me on e-mails and if they didn't want me to answer,
then they shouldn't have sent me an e-mail in the first place because I pride myself on
responding to each communication that is provided to me. Four, Intergovernmental
Relations. This is an area that I really have concern over your misstatements of fact.
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This City today has the best relationship with our sister cities and towns, the counties, the
State, federal representatives than ever. In my three years as City Manager, we have
received $1,592,000 due to those contacts. Of that, $1.2 million came to us due to staff
and my efforts in 2003. Because I was required to submit any documents to you all three
days before this hearing, I am unable to submit the letters to you from County
Commissioner Theresa Jacobs, County Commissioner Bob Sindler, State Representative
Randy Johnson and United States Senator Bill Nelson, all commending me for my roll
and relationship in working at both federal, state and county levels to make sure that this
city secured our fair share of the funds that are out there of a very tight budget and tight
economy. This city receives $850,000 from the State through a federal program for our
downtown through the efforts of myself and Janet Shira. Unfortunately, you made a
statement the other night during the public forum that this has been in the works four or
five years. Mayor, I am not here to argue with you but the public record will show that
statement was false. That did not start until two years ago when I approached Randy
Johnson and Mike Snider on what we could do involving our downtown and actually,
Commissioner Anderson — not to put you on the spot — you can verify that because you
were involved in some of those discussions and so can Commissioner Johnson being that
they were in his District. Unlike state-statement-excuse me. Public record will prove
that. I have done the two main things you have asked as Mayor for 12 years. Money for
downtown and a CRA for economic revitalization for State Road 50 and Maguire where
the City will get the best bang for its buck. Now you've criticized me for the CRA,
Mayor. The staff presented the CRA. The City Commission voted where the CRA
would be established. Not Jim Gleason, not the City Staff. If you're angry with your
fellow Commissioners for not supporting you where they wanted the CRA, you shouldn't
be taking it out on me involving my performance, you should be dealing that with your
elected peers. Budget Finance. Prior to my employment, the City budget was growing at
almost 12% a year while the town was only growing at 5 to 6%. In the last three years,
under the budgets I've presented we've offered two tax cuts and we held the line last year
on the budget on the millage in the slow economy. The tax rates today for the citizens of
Ocoee is lower today than it was in 2001 when I came on board as City Manager. In
those three years we have restored all reserve funds to 20% plus or higher and once this
Commission finalizes their decision on the sanitation, we will no longer be subsidizing
our business and enterprise funds and this City will finally be on sound financial footing
moving in the right direction. Water Rates. You have truly, and I hate to use this word,
Mayor, but lied and mislead the public on this matter. You stated that I cost the City$1.5
million on an error for Old Winter Garden Road. Mayor, if you check the public record
that project and that bond which you voted on was done prior to my term as City
Manager. That was done under City Manager Ellis Shapiro and former City Engineer
Jim Shira—not Jim Gleason. To accuse the City Manager of making a $1.5 million error
is extremely damaging involving their professional ability, their integrity and my ability
to seek employment in other communities because that's gonna be the biggest area you're
judged on is your financial capability and you know, Mayor, that that was not true and
the public record will bear that out. What you're trying to do is shoot the messenger. I
had to be the one that brought that error to your attention. All you have to do is check the
last five financial audits, it's called the CAFR, Comprehensive Annual Financial Report.
It will tell you and this Commission that you have been advised year after year by
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McDirmit and Associates, that our utility fund was losing money and in the last two years
lost over $1.2 million and yet, this Commission failed to react. We were within months
of violating the bond covenant by not having the proper reserve balance since this
Commission spent almost $2 million propping up the utility fund to hide the losses. The
project on Old Winter Garden Road was not the reason for a rate increase, Mayor, it was
for improper management, oversight operations of the utility fund. Solid waste, same
problem. You were subsidizing the funds with revenue that should have gone to the
general fund, denying funds needed for public safety, police, fire and recreation. This
City Commission voted in 2002 to return the franchise fees from the commercial carriers
to the general funds where they should have been all along. This Commission is now
dealing with a rate increase for privatization which should have been done five years ago
and will put our utility fund in solid footing, whichever decision that is made. No matter
how many times that we have provided you the information on proper governmental
accounting, you don't seem to either want us to understand or agree but your enterprise
funds are separate business funds and you do not commingle money from your general
funds to your enterprise funds and the Commission voted to move the $180,000 back to
the proper general fund, Mayor. Not the City Manager. So, once again you're holding
me responsible for the actions of your peers. Policy and Programs. You stated that I act
as a lone wolf. The City Manager can only implement policies passed by the majority of
the City Commission. I nor staff set any City policy. Every Commissioner can have
every question or issue addressed. There is no favoritism for one district over another
and I would ask that any of you show what issues any of you have brought to my
attention that were not addressed by myself or staff. Long Range Planning. You claim
I've done none. Every decision I have made in the three years I've been here have been
in the long range best interests of the City. It's taken three years to clean up the financial
mess that I inherited. You can not set long range plans until you have your finances in
order so you know what money you have to work with. Mayor, you are very much aware
that we have set a late March date for the meeting with an outside special facilitator to
develop the first ever five year strategic plan with specific goals and objectives. I asked
for that plan when I was hired and was advised by the staff that the City had never had
one in the 12 years that you've been Mayor. Policy Implementation. CRA again. You
state, you have called for a CRA for the downtown. There is no record in the City public
records of any motion, a second or a vote on establishing a CRA for downtown. Staff
presented the CRA in this Commission last year that the Commission approved. The
staff and I have to follow the majority who set the policy. Not just you because you
disagree where they established the location. You seem to want to blame me again for
your failure to be able to get your elected peers to support your ideas. The City Manager
does not vote and is required to follow the policy of the entire Commission, not one
person per the Charter. Nine, Employee Relations. You claim there has been a 90%
turnover. You didn't clarify, Mayor, if that was for 2003 or not, so I have determined
that that is — the review is for 2003. I think the HR Director will tell you that that's an
absolutely false, fictitious number and that our turnover rate last year and any of the three
years that I've been here were comparable to the three years preceding my employment
as City Manager and for the record, there was not a 90% turnover in 2003. The turnover
of the City is no different as it has been. Any time a new director or a new manager is
brought in whether it's government or a public sector, there are going to be changes.
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Some people don't like the changes, they maybe don't like the new goals and objectives.
They don't like the new level of accountability and sometimes they make decisions to
move on. In my role as City Manager, I have not fired a single department director. I
have not forced any department director to resign. Those who have left have left on their
own and we're talking in 2003. If you all want to discuss 2001 and 2002, that should
have been discussed in the reviews for 2001 and for 2002. This review was for 2003.
You stated the $1.5 million error you claim I made after an experienced city engineer was
forced to resign. He was not forced to resign and Mayor, it was his replacement that
reported the error to me that occurred while he was head of the engineering department
with the previous City Manager, they left the $1.5 million dollars out of the Old Winter
Garden Road bond project that you all voted to approve. Administration and
Organization. All you said, and this is my quote, "Was I was a former City
Commissioner ran unsuccessfully for mayor, unsuccessfully for state office, all the
citizens who did not vote him in from the Commission, they hired him as City Manager."
Quite honestly sir, I don't know what that has to do with rating me on my administrative
or organizational skills from January 2003 to January 2004 because it sounds to me like
it's the personal political baggage that you have not been able to let go of. In ending, this
review as I stated, is supposed to be from January 2003 to 2004. No employee should
have their review read in public and then have to wait a month to get a copy and on top of
that,to have to pay for a copy of their own review. The fact that it was never given to me
and there was no meeting shows that you deviated from the Charter and the Employment
Agreement, which both—both call for you to meet with the City Manager to go over the
review. You are correct, Mayor, it is public record. But most professionals would sit
down with the employer and employee and go over that review individually before it
became part of the public record and since I only got it yesterday, it was very difficult for
me to respond on that basis. The fact that my contract was renewed without objection or
incident or comment on January 6 and this issue did not come up until I exposed an
alleged Sunshine violation gives me suspicion that this performance —my performance —
is not the actual reason for this vote of termination. I thank you all very much for your
time and I hope that people will conduct themselves in a professional manner. Thank
you. (Timer sounding)
Mayor Vandergrift: Thank you, perfect timing. Okay. Okay. We'll open the public
hearing with the reading of the e-mails that have come in if that's what you would like to
do. Nancy, we'll begin with you.
Commissioner Parker: That's fine. We're just gonna read some e-mails that some
of us received from citizens who couldn't be here tonight at their request. We've divided
them by District so that's why any individual one is being read by any certain person.
Actually, this one I think is in Mr. Anderson's District so I'll pass it down. It's addressed
to me though.
Mayor Vandergrift: I don't think we are really concerned about Districts, if you've got
them, read them.
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Commissioner Parker: Okay. All right. This one is from John Casisa who lives in
Sawmill on Lighterwood Court, although the exact address isn't on there.
Commissioners and - - and I'm gonna read them word for word - - Commissioners and
Ceremonial Mayor, you guys don't like getting e-mails from me, but I have the right as a
taxpayer and voter in Ocoee to express my view about the City Manager. I have owned a
home in Ocoee for 14 years and have been active in the city as a volunteer until Mayor
Scott, who listens and cares and hugs trees, decided he didn't like me either and in paying
attention to what goes on with you guys and in City Hall. I watched the fighting with
Ellis who was City Manager before Gleason. I watched the Mayor refuse to shake
Gleason's hand and even try to get along. Now I'm watching the Mayor blame Gleason
for stuff that the Commission voted for. I'm watching my tax dollars wasted on
attorneys, paying a perfectly good City Manager to sit home and do nothing, probably
paying extra money to employees to step in and out of management positions they
shouldn't have to and most importantly, watching three of you hand a lawsuit to Gleason
on a silver platter when all you had to do was tell him you didn't want to renew his
contract in January when you were supposed to. If you want to blame anybody for things
you don't like in the City, try looking in the mirror. You guys are supposed to be at the
top of the food chain setting the policies, giving directions and also setting examples for
everybody else who works in the City — works for the City. Gleason has always
responded to your requests and requests that people who live here make. He has
followed the directions you have given him that are legal. Since he has been City
Manager, things have been getting fixed all over town, like roads and sidewalks. Since
when do you have to like someone to have them work for you? If that is a reason to fire
someone, then everybody better watch out `cause it doesn't matter if you do your job
right or well, nobody has to tell you if they want you to do it some other way, this joke of
a meeting might prove that you'll just get fired some day because your boss doesn't like
you. Keep Gleason as City Manager and tell him what you expect of him for the next
year the way you are supposed to by your majority vote in Commission meetings. Then,
next January when you are supposed to tell him whether or not he's gonna get his
contract removed - - I think he means renewed, I don't know- - say what you need to say
when you are supposed to. Any other City Manager would have to be crazy to come
work for you guys. John Casisa.
This one is from John Konicek who serves on the Ocoee Code Enforcement Board. Mrs.
Parker, unfortunately, I am not able to make the Commission meeting tonight regarding
the Jim Gleason situation, but I want to go on record as being in favor of keeping Mr.
Gleason on as Ocoee's City Manager. I do not agree with the way in which he was
brought on as City Manager, and I'm against anyone being hired the way the City
Commission handled hiring Mr. Gleason, even for an entry level position. If I was basing
my decision on that reason, and only that reason, I would most definitely oppose Mr.
Gleason being kept on as Ocoee City Manager. Putting all that aside plus seeing the
progress the City has made since Mr. Gleason has been City Manager, I do believe Mr.
Gleason has the city of Ocoee's best interest at heart, is capable of getting us into the 21st
century and should be given the opportunity to do so. John Konicek. I think that's all.
Okay.
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Commissioner Anderson: Nancy, this is another one for you.
Commissioner Parker: Oh, more. Well, this is the same one from John - - do you
want me to read this one from Mary Branche, or did somebody else want to read this?
Mayor Vandergrift: I think that was the intent of it so go ahead and read it.
Commissioner Parker: Okay. I did get good grades in reading in school. Thank
you. Mr. Mayor and Honorable Commissioners, my name is Mary Branche. I live in
District 2 at 401 South Lakewood Avenue. I believe it is in the best interest for the city
for Mr. Jim Gleason to be retained as City Manager. I believe it is good business for the
city for all issues that the Commission has against Mr. Gleason to be put in writing at his
next review, giving him ample opportunity to work on improvements that this
Commission deems appropriate. As a city we've taken such wonderful strides as a
community. I hate to see us regress to this degree. From what I understand the
Commission to state, Jim has a great work record. Personalities working together are a
challenge in any business. Our community can take this as a bump in the road and get
back on track very quickly if he is retained. There's a lot that can be said, but I will keep
it brief and to the point. I believe it is good business ethics to retain Jim and have any
and all grievances put in writing at his next review to give him opportunity to deal with
any legitimate issues. Thank you, Mary Branche.
Mayor Vandergrift: Rusty, do you got one to read?
Commissioner Johnson: No,this is the one she just read.
Mayor Vandergrift: Okay, is that it? Any Commissioners on either end got anything to
read? I've got one I guess, here. This was sent to all of us, I guess.
Commissioner Anderson: Here, you want to read this one too?
Mayor Vandergrift: Okay. From Robert M. McKey. I won't be able to attend the
Commission meeting, J. Gleason's case — hearing — J. Gleason's case. But I am very
interested in the outcome. Patty and I wish to register our vote against reinstatement as
City Manager. I think you are aware of more reasons than I, but here's my case.
Although it's common knowledge that I have supported completely your decision to hire
Mr. Gleason, I feel much of what he has helped the City accomplish is commendable. I
strong — strongly retract that position, actions I have seen him take personally and other
information I have received on a first hand basis disqualifies him from ever being an
effective administrator in this City again. From his own admission, the City Manager
Code of Ethics require him to be politically impartial and unbiased. Even if he is
technically exempt from the Sunshine Laws, I do not see how he can perform his duties
for the betterment of the City while actively campaigning for another mayorial candidate
and although it is not wrong for him and his family to donate substantial sums of money
to her campaign, damn, it just seems wrong. So, I realize that this may be a difficult
choice for you to make, especially with all the horse power Jim has lined up to carry his
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cause, don't let that sway you — your correct decision to put him out the door and if I
were you, I'd take a personal offense to his desperate attempt to scare you with a lawsuit.
As citizens, we are totally in support of your position. Thanks for your dedication to our
City. Patty and Rob McKey. You got one?
Commissioner Anderson: No,that was it.
Mayor Vandergrift: Okay. All right, I think that takes care of the e-mails to date.
And, as I said, I don't have any way of knowing who's what here, so we'll just remind
you that there is a five minute limit and we'll start off right at the top, Dave Cavanaugh?
Is it working?
Commissioner Johnson: No, pull that other one up. There you go.
Dave Cavanaugh: David Cavanaugh, live uh, 1868 Lochshyre Loop in Ocoee,
Reserve Subdivision. Lived in Ocoee for about ten years now, little over ten years. Urn.
Mr. Gleason made a lot of key points and you know, I honestly think that the public,
we're not aware of, and a lot of it is public record. Urn, I agree with him, he shouldn't
have to pay for his review, I think he should be reimbursed in some type of way. I mean,
getting his, uh, yesterday morning at 9:40-something in the morning, probably is, uh, a
little bizarre. Bottom line, I'm not gonna say is um, is urn, if we don't have Jim on board
is that gonna hurt the City or helps the City and that's basically the way I look at it. See,
we can ponder on that. Nancy read a couple of them that were for him and Mayor that
was against him, that's all I care about is trust the Commission and the Mayor that they'll
make the right decision and that's all I have to say.
Mayor Vandergrift: Thank you. Shelly Simon?
Shelly Simon: Good evening. What is a manager? A manager is an effective
leader of people. A person capable of getting an entire job done. Utilizing the best
resources and protecting those resources and leading by example. We've just watched in
the news Michael Eisner, a very powerful and experienced manager and leader of people
who is just relieved of his job because so many talented and experienced people have left
under his management and the performance of that company has declined. My
experience with the City is that the City is currently — is experiencing the same thing.
We've lost a lot of talented and experienced seasoned employees under the management
of Jim Gleason, whether it's in 2003, 2002 or 2001, it's reflective of the short time that
he's been here. What are—what are the City's resources? The experienced staff that had
been developed over the years with experienced members, knowledgeable in their fields
and the history of the City/County business and issues impacting all of them. Staff has
been sensitive to the 1015 — uh, I'm sorry — 10 — 15, 5 through 15 years with this
organization starting young and growing with the City has suddenly left. The City has
invested training and education to develop this level of knowledge and expertise. Then
the Commissioner - City Commissioners hired the City Manager that did not have the
governmental experience to lead an organization of this size and has proven very
unprofessional. Under the management of Jim Gleason, as I stated, the City has suffered
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a great loss of its best resources. A large percentage of the management — management
supervision and senior staff have been pushed out or left in the short time that he has
been with the City, three years. When the scale is this high, you have to — you have to
reason. Is it all of these people or is there a problem with one individual. This is not the
performance of an effective manager. The monetary impact that it has had on the tax
dollars has been great. Commissioner Johnson and Commissioner Parker told that we
had a great budget. Yet, we have issues with utility bills going up, services being cut,
quality of service and performance declining. Mr. Gleason manages to offer you a great
budget and to cut pay in positions for personnel that took years to develop and earn, and
in the same budget, retain a substantial raise for himself. Again, is this leading by
example? And another question, I'd like to ask this Commission, why is the City paying
out various settlements to former employees under this manager? Why are you paying
out so much money to subcontractors, like Pico at double, triple the cost of what we
would pay employees? We didn't have those issues in the past. This doesn't even take
into account oversight of the mistakes that are made by new people trying to learn these
difficult jobs. Mr. Gleason has been unprofessional and disrespectful and insensitive to
employees and to members of this Commission in meetings I have watched from home.
He has embarrassed the City by throwing what I categorized as temper tantrums at these
Commission meetings when he doesn't agree with something that is going on and a
grotesque level of insubordination to members of this Commission that will —excuse me
— a level of behavior that would not be tolerated by any other employee in any other
business, private or public. Again, is this leading by example? Because I hope that you
don't think that the number of employees, 300 or however many employees you have,
that you would welcome that type of behavior by all of the employees of the City. I
know the citizens wouldn't put up with it. I wouldn't put up with it as a taxpayer. When
Mr. Gleason and his temper have gotten out of control numerous times. On February 3rd
when you were leaving, Mr. Gleason grabbed me out in the lobby which constitutes a
battery and said something to me very disgusting and degrading. This is not a
professional person, (alarm sounding) this is not a person that should be leading our City.
Does that mean my time is up?
Mayor Vandergrift: Something like that.
Commissioner Parker: Red light.
Mayor Vandergrift: Thank you, Shelly. I apologize. This was put on my desk right
underneath everything else. We had gotten a fax earlier to the City Commission of the
City of Ocoee. I'd like to take the opportunity to read it now if I can. It's from Louis
Fazio — Fazio, Community Relations Manager, Manheim's Florida Auto Auction of
Orlando, March 4th, Subject: Public Hearing, Thursday, March 4,2004, 7 p.m. Mr. Fazio
is ill today and cannot be with us. He would like to express the following thoughts: On
behalf of Manheim's Florida Auto Auction of Orlando, I would like to express concern
over the lack of professionalism exhibited by the suspension of City Manager, Jim
Gleason on February 3rd, 2004. It appears that this was precipitated by a personal issue
between Commissioner Howell and City Manager Jim Gleason — Jim Gleason,
encouraged by Mayor Vandergrift. Regrettably, it appears we are heading down the
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wrong road. From a professional standpoint, Commissioner Howell stated at the
beginning of his statement on February 3rd, 2004, that it was a personal issue that caused
the change, not a professional issue. At previous Commission meetings (i.e., January 6,
2004) there were plenty of opportunities for input regarding City Manager Gleason's
contract. We at Manheim's Florida Auto Auction of Orlando are dismayed by the
manner in which City Manager Gleason's suspension was handled. Please do the
honorable thing and think of the overall leadership demonstrated by City Manager Jim
Gleason — Gleason on behalf of the City of Ocoee, not the personal issues between City
Manager—or City Commissioner Danny Howell, Mayor Vandergrift and suspended City
Manager Jim Gleason. We implore you to reverse your decision and stand on
professionalism, not petty differences. Sincerely, Louis A. Fazio, Community Relations
Manager — Manager of Manheim's Florida Auto Auction. Okay. Steve Marbais
(mispronouncing the name)?
Commissioner Parker: It's Marbais.
Mayor Vandergrift: Marbais. I never can get that right, can I Steve?
Steve Marbais: Uh, well I don't want to talk about it. (laughter)
Mayor Vandergrift: You don't want to talk about it. (laughter)
Steve Marbais: All right, I'm here to talk about Mr. Gleason. My name is Steve
Marbais, I'm at 716 East Lakeshore Drive. I've been a member of—citizen of Ocoee for
25 years, my wife has been a citizen of Ocoee for 35 years. We have two children in
Ocoee schools, one in middle and one in grade school. I am a proud member of Ocoee
Rotary, which Ms Nancy Parker is my president. Mr. Gleason, I've known for about ten
years when he was my commissioner and then City Manager. Whenever I called Mr.
Gleason with a problem, like he said in his speech, he was always personable — the city
managers before — when I called over there I was turned over to a City head. There was
never a return from Mr. Shapiro — ever. Jim Gleason always calls me back. Did he
always call me back with something I wanted to hear? No. He didn't always contact me
with something I wanted to hear. But he always returned his calls personally. Whichever
problem before, he always took care of me on a personal level and whether I liked the
outcome or whether I didn't like the outcome. The second thing I would like to say is
that I'd like to retain Mr. Gleason as our City Manager, he does a great job. The second
thing I'd like to say is I'd like to talk to you about teamwork. All of you guys on the
Commission, whether who's elected next week or whatever happens, when a decision is
made in a democratic process that's the decision you go with. Doesn't matter whether it
was your decision, what you wanted or not, it's what you had to go with. I sit on the
board for our state dealer's association, over 1400 members. When we make a decision
we had to go with that decision 100%. Whether it was something we agreed on, whether
I liked it or not, I still had to go with that decision. And that's part of the problem with
our process is we don't stick together as a team. It has to be teamwork or it ain't going to
work. One of the other things I'd like to say is for all the people watching who are not
here, get out and vote. Okay. I have customers that people all the time, why did this
14
happen, why did that happen. Well, did you go vote? Oh, no, I was too busy. Didn't
have time. We have 12,000— 12,000 registered voters, correct? The last election we had
maybe 2,500 people come out and vote. If you don't vote, don't complain. Thank you.
(applause)
Mayor Vandergrift: Scott Glass? (inaudible whispering)
Scott Glass: Good evening, Mr. Mayor, Commissioners. My name is Scott Glass, you
all know me. My address is 2417 Ridgewind Way, Windermere, Florida. I am a former
resident of the City of Ocoee, former City Commissioner and I've sat in your chair and
dealt with difficulties you have concluded. I'm not that distant availing my memory we
were having a similar discussion regarding Mr. Shapiro. I have to say, I agree with pretty
much everything that Jim Gleason said up here about his leadership, about his
management. I'm an attorney, I represent a number of property owners in Ocoee. You
all have met with me individually over a number of projects over the past few years. You
know what the reputation was in this town, people trying to sell property to bring forth
quality projects and I believe my clients have brought forth quality projects. You all are
familiar with those projects. They have uniformly and consistently told me that it was
Jim Gleason and Jim Gleason's efforts to move the City forward that allowed them to
develop their property and exercise their property rights to increase the tax base,
commercial tax base, which helps relieve the residential tax base for this City. These
same property owners and others have been calling me for the past month and I have
been calling upon you all, some of you have returned calls, some of you have not.
Because my clients and other residents that I know in the City are very much concerned
about what you're going to do here this evening and what it is going to do to the process
of being a property owner in the City of Ocoee. They're here, some this evening, many
are watching, I will be reporting back to others tomorrow. They are very hopeful I will
be able to report back favorably that you did the right thing and kept Ocoee moving
forward. I will report back whatever you did. They will remember it one way or the
other for a long time. Their projects I fear for because I know what it was like before Jim
was able to cut through bureaucracy and the red tape. The arbitrary decision, to the
frankly unlawful exactions from property owners. Jim has the best interests of the City at
heart. I believe that as an attorney representing property owners and a friend of Jim
Gleason and as a former compadre of you all sitting up there. I just hope you do the right
thing for the City. Thank you.
Mayor Vandergrift: Thank you, Scott. We're gonna take a five minute break. I don't
want to miss anything anybody has to say and I have to get something, so, we'll be right
back.
RECESS 7:58—8:13 P.M.
Mayor Vandergrift: Flash once if I have a director back there. All right, flash once and
we'll go. I call the meeting back to order. Barbara Anthony? Is she here?
Unknown Speakers: She's coming, she's coming.
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Mayor Vandergrift: She's coming, okay.
Barbara Anthony: My name is Barbara Anthony. I live at 405 South Bluford and
good evening to all of you. I am really sorry any of us have to be here tonight. I just
hope that the decisions we make here today are the ones we can live with. It appears
some decisions are made for the better of the people without actually asking us. Let he
without sin cast the first stone. I believe we are a forgiving and understanding
community as we have shown by example. I have tried tonight, to gather my facts. I
have looked at many, many newspaper articles, I have read minutes to Commission
meetings and I would hope that (sneezes), excuse me, everyone here has gathered their
facts as well. My remarks are based on a lot of what I've read, and my concerns are that I
see a Commission who can't get along and I don't know how to expect anyone to get
along with you when none of you can get along. Commissioner Howell, between 1978 —
er, excuse me, 1997 and 1978 you were dealing with a previous conviction issue. This
Committee supported you financially and emotionally while you were on this Board.
You were embraced by your members and (unintelligible). Commissioner Anderson, you
stood in my front yard during a previous election. You made comments and statements
that could be considered inappropriate as a Commissioner. I forgave you those
comments because I knew they were spoken in frustration. Ms. Parker, you and Mr.
Anderson both gave Mr. Gleason political signs to carry in his vehicle knowing his intent
not to be harmful, yet you and Mr. Anderson were not disciplined for this. I don't
understand this. Mr. Johnson, I've looked— I couldn't find a bunch, but I know that you
tend to appear aggressive to people and if they got to know you as I have, they'll
understand that it's more passion than aggression. Mr. Vandergrift, as I have read article
after article, you show a pattern of not getting along with people. Your peers, your
public. You often appear as to be confrontational and during your career, you have even
had your desk moved to the parking lot, yet no one fired you. The evidence presented
against Mr. Gleason bears little or no proof with the exception of the political signs and
two Commissioners were involved, yet not reprimanded. The rules must be fair and they
must apply to everyone at all times. Perhaps before you do your final vote this evening,
did you ask yourself, did the rules apply, were we fair, was our decision personal or
factual? Do I have the right to be judge and jury? As there are things I could do better
myself? We must accept our own accountability before we demand it from others. We
must be a team working together for the better of our City and you must all learn to get
along with each other to get the full support of your community. Thank you.
Mayor Vandergrift: Thank you. Paul Johnston?
Paul Johnston: My name's Paul Johnston, 1087 Depot Court, Winter Garden,
Florida. I wish I could afford to live in Ocoee, but I'm proud to count Jim Gleason as my
friend, as a personal friend. It's been a pleasure to have seen Jim grow over the years as
Commissioner, as the City Manager, I have seen him as a father and I know him as a
friend. Interestingly, the population in Ocoee has grown by thirty percent. Before Mr.
Gleason—before Jim came on as City Manager the economy or the budget was growing
at a rate of twelve percent. When Jim came in, he was able to trim that to six percent. I
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understand that there are positions here, you know, from different folks who think that,
you know, you get rid of the old people and it compromises the integrity of the system.
It's entirely possible that they were part of the system. The thing that I don't understand
as a friend of West Orange County is, you must question the efficacy of a decision that
was made thirty days after it could have conceivably have been made and cost no money.
You would have had and you know, an Acting City Manager, you would have been able
to operate within the system. Some—for some reason, this Commission has gone outside
of the system and chosen to expose the citizens of Ocoee to a minimum of$70,000 in
excess fees and to the possibility of a lawsuit. If anything can be said about Jim Gleason,
it is that he is passionate. Sometimes that passion can get in your way. Mere men are
often understood, great men are often greatly understood — misunderstood. So, Jim's
problem is really his passion, maybe. What he has committed to the City of Ocoee, he is
committed to you citizens, each and every one of you, the ones who complain and the
ones that don't. If you don't vote to reinstate Jim Gleason this evening, you will have
deprived yourself of an asset that is invaluable to your city. I encourage you to right the
wrong. Thank you.
Mayor Vandergrift: Victoria Laney?
Victoria Laney: Yes, there's a possibility of a lawsuit- -
Mayor Vandergrift: Give us your name and address.
Victoria Laney: Oh yes, Victoria Laney and I reside at 828 Hammocks Drive in
Ocoee. Yes, there's a possibility of a lawsuit, yes there's a possibility of— of litigation,
additional funds being made, but it's not because of the cost of firing him, it's because of
what he's done that's already been addressed to date and people are acting as though it's
no big deal. He committed what is — is legally a battery on this woman and who the
police officer's wife and it's important now he admitted it. If the police report is public
record you may get the police report and see for yourself, he grabbed her arm, he pulled
her in, he uttered obscenities to her that are worse than the worse thing that I have seen,
no one has ever spoken to me that way, thank goodness, and I hope it will never happen
and if it did, I would feel threatened, I would feel intimidated, I would feel defamed and
all of that constitutes civil liability and possibly criminal liability. I have been a
personnel director for major corporations and I know of no corporation which would
allow their chief executive officer or any manager at any level to continue in their job
after having performed that kind of conduct on the job, on the property. This happened
right out here in the lobby and he has made a number of statements tonight, he denied it
at the time — when— he said, oh, no. I didn't do that. Later, when he was confronted at
his home then he said, yes and he's admitted it in the police report in a sworn statement
that he said those words to this fellow citizen of ours and that he did—he said he touched
her arm — I don't think our City Manager has any reason touching anybody, man or
woman, without their permission, particularly in conjunction with those kinds of words.
It's totally inappropriate; it's something that should not be tolerated by us. It is subject
our City to potential liability. Any corporation would be paying out hundreds of
thousands of dollars in liability. Those of us who believe that women should not be
17
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battered or verbally abused need to stand up for all of us. This was this woman this time,
tomorrow it could be your wife or your daughter and if he is not hired by another city, it's
not going to be because of anything the Mayor said or any of the Commissioners said, it's
going to be because of his own conduct showing up in this police report when they do the
background check on him. It's totally inappropriate; it's totally um, improper. Um, the
other aggravating factor if I were on a jury and were looking at his conduct it's part of a
pattern of abuse. He does have a hot temper and he hasn't learned to control it and he's
had ample opportunity—he could go for anger management counseling or something else
like that. He's chosen not to and so there's plenty of examples of that. Um, so,this alone
would make it difficult for him to obtain gainful employment. Urn, I have seen the
factors that were used for the appraisal, I don't agree with a lot of what he said tonight. I
encourage you to get, um, the information and to see for yourself, decide for yourself
what urn, whether it's true or not. Um, I also feel that it's inappropriate for a speaker to
give appraisals of those people. Um, the subject tonight is Mr. Gleason and I think we
should stick to that. I also wish when I hear that they were getting verbal appraisals of
him, um, if you look at— I don't know how many of you in here have ever looked at Mr.
Gleason's appraisals, but they are available. Yes, people have to pay $.15 or something
like that, a modest charge for copying it. The videotape of the Mayor's comments was
available immediately afterwards for free so to say he didn't have a record of the
comments until yesterday morning isn't really, you know, playing it straight. But I
encourage you to get copies of those. In the past, he did receive a regular written
performance appraisal. This time, the Mayor was the only one with the courage to give a
formal written word, and yes, he did it in public but that to me in keeping with the spirit
of the Sunshine Law and I would rather see that than some kind of verbal appraisal given
by the two Commissioners which we don't know what was said, there's no record of it
and we don't know what was said. So,thank you for your time.
Mayor Vandergrift: Thank you. Mark Scalzo?
Mark Scalzo: Good evening, Commissioners, Mayor. My name is Mark Scalzo. I live
in the Sawmill subdivision at 6938 Cross Cut Court. I've been a resident of Ocoee since
1992. I know that doesn't seem like a long time for those that were born and raised in the
City, however, to me it was enough time for me to make my own conclusions regarding
politics. I serve on two City advisory boards. I regularly — regularly attend City
Commission meetings, even when there are no hot topics. When you can look around
this room and not see anybody but me and Mr. Monacky. (laughter) So not only when
going on do I show up. If not in person, I will put myself through stress, and you can ask
my wife, that I will watch the meetings on our own Channel 10. I am here tonight to dis
—voice my displeasure with what is taking place with City Manager Gleason. Since Mr.
Gleason has been appointed City Manager, I have seen the City of Ocoee moving in a
positive direction. As an advisory board member, I have seen personnel changes that
have dramatically — and I mean dramatically — i.e., the police department, changed the
performance and morales of these departments throughout the City. What hasn't changed
is the attitude of the Mayor towards not only Mr. Gleason, but past city managers as well.
That is not positive. I understand as a manager myself with a staff of ninety that you
cannot please everyone all the time. I have learned to take my lumps and keep moving in
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the right direction that I was given from my boss, the owner of the company. What is
still confusing to me as a taxpayer, why just two months ago I sat in these very
Commission Chambers and heard no one — I mean no one voice an opinion on renewing
the City Manager's contract, then out of nowhere there is a meeting announced to
terminate the City Manager. I to this date can't see where it was announced, unless it
was a little blurb in the paper or something, I heard it through the grapevine and through
contacts at City Hall. Then out of nowhere there is a meeting to announce to terminate
the City Manager. When I terminate an employee on my staff, I document, I counsel, I
re-document, I re-counsel. That employee leaves my office knowing clearly why they
are terminated and they no longer have their position. I sit across the table in arbitrations
for employment — unemployment hearings, so I've been there, I know all that — all that
goes on. This does not seem to be the case with the Mayor and some of the City
Commissioners. Mayor Vandergrift, when asked the reasons at this past meeting, he
replied back with an e-mail from August of 2002 regarding Mr. Gleason. If I terminate
an employee and brought up a document from 2002, the arbitrator would laugh me out of
the room. Mr. Gleason, did he know that—Mayor did you know the e-mail existed prior,
during, or after the renewal of the contract process? I don't know. City Commissioner
Howell, basically at the opening statement — you stated on the public record this was
personal. I would say as a taxpayer that the City Commission, no matter who it is, does
not make its decision based on personal reasons. They should be based on facts,
educated research and professional advice. What does Mr. Gleason do, not do or what?
We as citizens, we don't know. I would hope—I would hate to see in the future this City
be jeopardized by a personal vendetta or possible personal gain. Last month I listened to
a lengthy discussion at City Commission meetings regarding garbage collection and the
jolly green giant receptacles. Oh my God. It went on for hours. You heard opposition
from the residents in the room. The opposition influenced your decision to the possible
stay with the existing garbage pick-up service, much to the delight of the crowd. I would
hope tonight's public meeting will make you all aware that this is also a very important
political decision. I will continue to be active in my community because my family and I
call it home. Please, Commissioners, vote tonight with your heart and your mind for the
betterment — and I mean betterment of the City of Ocoee. Not with retaliation for any
personal gain in mind. Thank you very much.
Mayor Vandergrift: Thank you, Commission, we're getting e-mails in, should we wait
until we get through with our speakers and do the e-mails then?
Commissioner Parker: Do the e-mails at the end.
Mayor Vandergrift: Okay. Without objection? Steve Lister?
Steve Lister: I'm Steve Lister, 450 Fern Meadow Loop, Ocoee. I'm not much of a
political activist. I do not get fired up every time I get a call from someone who tells me
what the city leaders are doing. I usually try to analyze the impact the information will
have on me as well as my community. Before I decide anything on the matter I put a call
in to my Commissioner and ask him for his input on the issue. Many times I find the
original information I received was incomplete and in the discussion stages at City Hall.
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Two months recent issues have stirred the political pot before the special meeting called
to remove the City Manager, are the water rate issues and the trash handling issues. On
both of these matters, I was called — I called Commissioner Johnson, my Commissioner,
and asked him to fill me in on what choices these matters were. Both times Mr. Johnson
requested time at our monthly board meetings to address these issues and answer any and
all questions about these issues and both times Mr. Gleason was there to help explain the
reasons why certain things had to be done. If someone challenged Mr. Gleason's
explanation on any issue, he proceeded to try to explain without any hostility whatsoever
to the person asking the questions. Mr. Gleason, as far as I know, is not required to go
out into the public to explain his decisions, he has always appeared before this
Commission. Mr. Gleason takes the time to go out into the community to see the so-
called little people. I don't know Mr. Gleason very well personally, but I have talked to
him at community affairs and our board meetings and he never once bad-mouthed a
Commissioner or Mayor in my presence. I know he has had a few run-ins about policy
with some members of this Commission, but only because I watch the Commission
meetings on T.V. I was present at the meeting on February 3rd when Commissioner
Howell made the motion to remove Mr. Gleason from the City Manager's position. In
his statements to all of us he said, Mr. Gleason was a good City Manager but I just had
personal conflicts with him. Commissioner Anderson seconded the motion without
comment so I could not but believe he concurred with Commissioner Howell's reasoning
for removal - personal conflict. From this, I came away with the impression that Mr.
Gleason, as far as four commission members were concerned, did a good job — did an
outstanding job as City Manager, but personal issues were in the way of retaining him for
two Commissioners. It seems very selfish but that does not do the City justice. He does
a good job as City Manager, I don't like him, is not a justifiable reason to remove
someone from the job they perform well. The Mayor read a few e-mails and made a few
comments about evaluation of Mr. Gleason's performance as City Manager. If these
were his honest opinions, I have no problem with that. The only thing I will say with
regards to the Mayor's appraisal is it seems to lean a hedge towards the political side and
less on the performance as City Manager. The work issue seems to be the driving force
behind a lot of problems I see currently in this chamber. I believe the City hired a
consulting company to the rates issue and they recommended the direction the City had to
go. I know that it's a complicated issue because the many criteria the city had to meet in
order to satisfy St. John's Water Authority. The budget requirements to the issue of how
the voters would react. The Mayor has stated that Mr. Gleason lied about the bond
issues, but I believe the consultants and our City Attorney explained how the bond issues
worked and mainly the requirements that we stay in good standing. In closing, I would
like to say that in my opinion, Jim Gleason has been the driving force in bringing the City
of Ocoee into the 21st century and removing him on grounds that you don't like him to be
a great disservice to Jim, his family, and this community. I urge all of you who wish to
remove him to reconsider, to put your personal feelings aside. You may or may not like
him but tomorrow, who knows. Thank you very much.
Mayor Vandergrift: Thank you. Henry Morgan?
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Henry Morgan: Good evening, Mayor and Commissioners, my name is Henry
Morgan. I live at 304 South Lakeshore Drive in Ocoee and have been a citizen of this
City for thirty years. This —this is a very bad time for everybody. I can't— first of all I
understand the strain that you folks are under, I understand the strain that the City
Manager's under. It's a bad time and hopefully something will come out of this and it
will be positive in some way, shape or form. I would like to talk about several things and
as I'm sitting here, I didn't have a prepared speech, but I was taking some notes - a lot of
people had some great comments. I would like to talk about communication, I think this
is uh— you know, communication - the lack to be able to communicate properly breaks
large corporations, small corporations and households. We have communication
problems in my household sometimes. It's just one of those things. But, I think
communications are such that - communication leads to a perception, communications
that I've received from Jim Gleason and I've always believed I've had a very excellent
City Commission, and Commissioner Anderson — always been able to talk to Scott- He
has been there to help me. The first meeting I had — or the first occasion I had to
communicate with City Manager Gleason was back last September when we along the
canal between the two lakes were experiencing unruly and unlawful boaters going
through there and, without going into detail, we had a pretty awful confrontation one
Sunday. On Monday morning, I e-mailed City Manager Gleason, uh, apprised him of the
situation and asked him for some sort of response. I could've called Scott, free to do it,
but I figured well, we'll see how the City—let's see how the Manager of the thing works.
Without going into detail, that afternoon, on Monday afternoon he had crafted a solution
to the problem and by the next City Commission meeting he had presented a solution to
the City Commission and passed it and made us happy and it was truly responsive.
Without going into details, without saying things about anybody previous to Mr. Gleason,
let me just say it was the best response I ever had and he took care of the problem. The
second major—and I hadn't even met him before then—the second major issue that came
up and I sought a communication from Jim was about the jolly green giants. When I
heard about this, I started e-mailing Jim and he took a tremendous amount of time to
explain everything — and I kind of knew the way he was headed, I kind of knew the way
he was leaning but the point of the matter is that he was completely open, completely free
with information and did not try to make me feel wrong because I felt the way I did. And
I wanted to say something that he mentioned in his opening speech that he did not vote —
he did not set policy and he did not vote - and he made it very clear to me in every
communication and e-mail that he sent to me that it was not he who would vote on the
situation but it would be the City Commission. He delineated his authority and the City
Commission's authority. All this communication has led to a perception. The perception
on the part of myself and others is that he's not communicated to you guys and I leave
out Commissioner Anderson—I mean Commissioner Parker and Rusty in this. The other
three, I've got to talk to you. He's not communicated to you because you folks have come
across as taking a knee-jerk reaction that's gonna cost us a heck of a lot of money and I'll
have to be redundant about timing, I think the burden of proof is not gonna be on you,
we're gonna be interested to see what you folks have to say tonight. I personally am
disappointed in you for taking this action that's gonna cost us money, gotta tell you that.
Maybe you can change my mind tonight, I don't know. If you vote to retain the City
Manager Gleason, then there's gonna have to be a lot of healing, a lot of understanding
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and a lot of communication going on to make it better. I think we've got just the best
City Manager you could hire. I think if there's remediation to be done, so do it.
Communicate, let's get on with that business of the City and go about it in a professional
manner. We have a lot of confidence in our City government overall. I think overall the
City Commission has done a great job; I wouldn't have your job for all the tea in China.
But this is a very serious misstep in my opinion and I'd like — I'd like to see you correct
it. Unless you can really come out with some burden of proof that's really gonna
convince us that this costly, costly — potentially costly move is gonna be worth it to us.
Thank you, good night.
Mayor Vandergrift: Fran Diedrich?
Fran Diedrich: Good evening. My name is Fran Diedrich, I am the Human
Resources Director for the City of Ocoee. I don't live in the City of Ocoee, I live at 1332
Glenwick Drive in Windermere, but I do work for the City. I was hired to work for Jim
Gleason and although it's been said that City employees hired under Mr. Gleason are
unqualified, I'd welcome the opportunity to discuss my credentials with any member of
the public interested in following up on that claim. I've had the good fortune to work
with some of the most professional city managers in the state, Warren Pete Knowles and
Howard Tipton. In my opinion, Jim's performance strongly mirrors theirs and he has the
best interests of this City at heart. My observations in dealing with Jim are he is firm, but
fair, he supports hiring practices based on qualifications, not cronyism. He's fiscally
responsible and his proposed budgets have improved the City's financial position. He
expects high levels of performance from his staff and employees, but does not
micromanage. Yet, he cares about employees and their needs. He really cares about this
City. New city managers come into organizations with new agendas and directions. In
my experience, on numerous occasions I've seen a new city manager come in and wipe
out the entire management staff without even knowing what they do. Mr. Gleason gave
everyone a chance to get on board. Those that would not or could not perform to those
directions have selected to leave. However, others have been more than ready to step up
to the task. I remind you that quality, talent, and performance are not necessarily
proportional to longevity alone. I've worked for Mr. Gleason closely over two years. He
has never threatened me or touched me inappropriately and believe me, we don't always
agree. I never feel any fear in dealing with the man. I'm disappointed in the suspension
of the City Manager and I hope you'll see fit to place Jim Gleason back in the position he
deserves. Thank you for your time.
Mayor Vandergrift: R. P. Mohnacky?
R. D. Mohnacky: Good evening. R. P. Mohnacky, 1820 Prairie Lake Boulevard. I
started coming to Commission meetings before I actually lived in my house in Ocoee. I
was in interested because when I left Ohio I was going to council meetings. Same thing.
The Mayor Assistant versus the City Manager system — we had City Manager. It was a
plus. So after a period of years, 86, 87, I come up here and I've been known to ask
several questions — a whole bunch of twenty questions and, speaking of the current City
Manager, every time I asked a question, I got an answer, and it was positive, even when,
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for the five minute break, pardon the expression, I'm looking to out of here and asked
questions of the City Manager and my Commissioner Parker and, they could have been
on break, they're answering questions. I've always gotten a response, noth — nothing
negative and after listening to people tonight - I'm 71 years old. I grew up before
psychology was even thought about. (laughter) The only thing I remember in school was
sociology was trying to get a good attitude towards other people. And that's about the
only thing that stuck. I went to numerous jobs and wound up in Ford Motor Company. I
walked in there, I'd swear, it was a different world, I've heard worse before. But -
Between little Caesars and straw bosses, there was a different language entirely, I mean,
you talk about the comments, I don't think even an ordained you know adults and so after
three years I end up in, they are the expression, quality control, I mean you're talking
about shop talk. That's where I understand where it was invented (unintelligible) years
before I worked there. I mean, you'd hear bleeps, that was common language. You
make a decision on something, you have a superintendent complain (unintelligible) I
mean, as simple as that. I mean, there's nothing psychology about it. Now, the nice
thing about it, um, all of a sudden, in the past few years, or the past year, I should say,
you hear more about social engineering and attitude and all that, I don't know about
attitude, but it seems like some people, regardless of what they do, you're gonna have to
use psychology on them. Well, Commissioners probably know me, I think I ask
questions, but I feel like a mirror, somebody comes back at me, I return like a mirror, and
I just head into them. That's the way it is. My background in Ford Motor Company I put
up with a lot of people. I put my name, copy is seven sheets,they went up to Dearborn. I
worked in Cleveland. So, when I put it on there, it'd better be right. So, then you come,
like tonight, there's a lot of people coming up with incomplete statements. Basically, in
their own feelings and I agree with the people that, I don't agree on, listen people,
recording Gleason must have a short fuse sometimes. Well, I do too, that's why I'm
staying single (laughter). As they say, I speak up and somebody says something
hypothetically and all that and I don't agree I come back and you know, it's — that's
conflict of interests, er, uh, a popular word - incapatibility. But, stick with the facts, I
mean—that's what you have to go by, the facts, not hypothetical and feelings and all that.
Thank you much.
Mayor Vandergrift: Nancy Maguire?
Nancy Maguire: Nancy Maguire, 21 Magnolia Street, Ocoee. I'm speaking as
Curator for the Withers-Maguire House and with permission from the Ocoee Historical
Commission. I wish to speak in favor of Mr. Gleason and lend my strong support for the
excellent job he has done as City Manager. From 1991 to 1997, the City received over
$350,000 in grant money from the State of Florida for the preservation of the Withers-
Maguire House and signed an agreement with the State that they would maintain this
historic home. From 1997, when the house was opened to the public, until Mr. Gleason
became City Manager, very little was done to help with this upkeep. I sent letters, fax, e-
mails, made phone calls and asked representatives to meet me at the house to address my
concerns. I never received a response from any fax or e-mail. Occasionally, I would get
a response to a phone call, but only after numerous contacts or requests for a meeting
were made. In fact, I was told that the Withers-Maguire House was on the bottom of the
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list of maintenance priorities and sometimes it didn't even make the list. One particular
example, and I could give many, is when the Lynx bus stop was placed next to the
grounds of the Withers-Maguire House. Those waiting for the bus then began to use the
porch instead of the bench. Consequently, railings were broken and trash was left
everywhere. Over and over we asked the City for a period of one year to please have the
bus stop moved one block south. When Mr. Gleason became City Manager, I mentioned
our concern to him and within one week the bus stop was moved. That was just the
beginning of the positive action from the City Manager. Every e-mail was answered,
there was a response to every fax or phone call and with every communication there was
a follow-up as to whether our concern had been addressed. The Withers-Maguire House
is in better condition now than since shortly after it opened in 1997. I think it would be a
great loss to the City of Ocoee if we lose Mr. Gleason and the commitment he has shown
to make sure that things are done correctly and with excellence. Thank you.
Mayor Vandergrift: Steve Goclon?
Steve Goclon: Honorable Mayor, City Commission. My name is Steve Goclon. I
am the Chief of Police for the City of Ocoee Police Department. My address of record is
175 North Bluford Avenue. I would like to go on record saying that I support keeping
Jim Gleason as City Manager. I've worked for this City for twenty-one years. I've seen
the worst here and I've seen the best here. Mr. Gleason is the best boss we've ever had.
I'm not saying that because he hired me as the Chief, I had a job prior to that working for
the Police Department where I was happy. This is the first time that the Police
Department has been treated with any respect from the office of the City Manager or the
Human Resources Director. We are no longer referred to as you blankity, blank cops
which we were referred to as prior to them coming on board, um, I deleted the expletives.
We finally have someone at the helm who has a vision and a direction for the City. He's
not perfect, but none of us here are, I'm not perfect, none of you all are perfect, no one
out in the audience is perfect. If he has issues that need to be addressed by you all, I
would hope that you would address them and try to get them corrected. I pride myself on
being a good judge of character and performance. I've been able to say of the people
who we have hired as officers, the ones who I knew were going to be problems, they
ended up being problems. I didn't hire them. I um, and the ones who we hired to be
decent officers, they turned out to be decent officers. I've seen a lot of employees come
and go here and the ones that Mr. Gleason has credited with running off or whatever,
those same employees have done a lot of damage to our City, to our departments, and
those employees themselves have been in positions where they ran a lot of good people
off. Anyway, I'm not gonna take up a bunch of you all's time, like I said, I would like to
go on record saying that I support keeping him as City Manager. Thank you.
Mayor Vandergrift: Jose Iglesias?
Jose Iglesias: Jose Iglesias. 400 Misty Meadow Drive. Mayor, Commissioners,
Counselors, Jean. I'm here not to praise Caesar I'm here not to criticize Caesar. So I'm
here with no ax to grind. I typically think in terms of a writer when he says, uh, it was
the best of times and it was the worst of times. It may be the worst of times because the
24
City of Ocoee, the city that I love is taking a soul-wrenching situation. But, uh, it is the
best of times because I see democracy at play. It is plain, democracy exists here tonight.
This is good cause I remember on the third of February, when I came before this
Commission, I raised the issue that what was legal was not necessarily democratic. And I
said that I don't have an ax to grind because I look at process. Certainly, uh, you know,
we all have different ways of behaving, some of us behave good, some of us behave bad,
so, anyway—that's human nature. But in listening to what transpired here tonight, I see
three things and of course I'm an engineer, not a poet or a writer. And I tend to reduce
problems to common elements. I see an issue of a contract which has nothing to do with
a performance appraisal. I see an issue of ethics, of allegations, of somebody carrying
political signs, again, that has nothing to do with a performance appraisal. It is an ethics
situation and I'm sure that like any other form of government, this City has an ethical
procedure. Whenever anyone gets out of hand, does something unethical, there is a
process. I'm just guessing at that. Okay? If you want to get 'em, or if you want to be nice
and consider abrogating issues and you consider something good that the person has done
and then you make the decision. In other words, you hit anyone with a big hammer over
the head. The issue of the contract is plain. Mr. Gleason was not told on January 9 —on
January 9 that his contract wasn't gonna be renewed. He's got a contract. Technically,
he's got a contract, okay, someone did not do what they were supposed to do. Okay.
Now the issue here is the performance appraisal. Now before January 9, 2003 came
about, the way I think performance appraisals work because I have been subject to that
and I was criticized really harshly and I tried to improve myself, you set up a series of
goals. You see, you as the over-visor and them as the supervisor agree to a contract of
what you want to do, what you want delivered for during the year and there are
managerial summations regarding personal leave and so on and so forth so if at the end of
the year when you come up before them you have a meeting because the major of
deliverable which he was supposed to deliver, then, you know, fine. You discover and
you sit down and try to improve of that. If you got to go to school to try to improve
yourself and you know, be nice to others, well, you know, the company pays for you to
go to school to learn that. But, fine, I don't see that happening here, I don't see that here.
I don't know that Mr. Gleason was agreed to a performance appraisal with the City
before January 9, 2003, so which means that during that whole year okay, he worked
without the benefit of performance. And not only that, when you do a performance
appraisal six months or three months into the year and I'm looking at the time, I gotta go,
uh, you know, you sit down with your supervisor or your manager and you discuss to see
where you are. And, if six months from January 9, Mr. Gleason was doing something
wrong, he should have been told, hey, Guy, shape up or you're gonna lose your job, but I
didn't see any of that, so in terms of what I see by default—by default, not because I like
Mr. Gleason, he stays in the job, really, because there was the contract failure. Okay, at
least that's on his side and secondly he didn't have the full benefit of the performance
appraisal and this doesn't mean that I like him, I don't love the man, but the process is
what I'm looking at, and also the democracy is what I'm looking at. Thank you.
Mayor Vandergrift: Thank you. J. Lester Dabbs?
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DnAFT
J. Lester Dabbs: Mr. Mayor, members of the Commission, Special Counsel.
Members of the public here and at home. The people on the dais have a difficult decision
and while I agree with much of what's been said and I certainly cannot deny Mr.
Gleason's talent or his intellect, but at the time of his hire, I pointed out to those who
were doing the hiring that there was a flaw in Mr. Gleason's persona. That flaw still
exists and that is that he shoots from the lip. I like Jim personally; I met with him and
shared with him at the time of his hire my concerns, not about his ability to manage but to
control his temper. He told me he'd been to anger management classes, I think he
probably needs to continue them. I still like Jim; I've met with him many times about
issues for the City. His recent e-mail barrage which he later retracted, there was no —
either, you know—. His initial performance surprised and pleased him. I mean, he really
got to it and all these good things people said about him are true, he just dug in and took
off but he still manifests that flaw. He still manifests that flaw. You heard it earlier in
the comments of the lady who, she alleges and filed a report that he assaulted her and
called her names, urn, I saw it after the City of Ocoee Founder's Day golf tournament.
Mr. Gleason was indeed the most profane and vile-mouthed individual in that room. I'm
not saying anything to you, the public here or at home or to the Commissioners or
anybody on the dais that I haven't said to Jim personally. I was in his office early on
Monday morning to tell him how disappointed and embarrassed I was as a citizen of the
City and members of my family and my team were there and they too were embarrassed;
so I think as this Commission makes its judgment that if it didn't know already—oh and I
had a parent from Olympia whose son— who lives in the City whose son plays lacrosse,
Mr. Gleason's son plays lacrosse at West Orange, and he told me that — and he's a
developer in town by the way and he told me that Mr. Gleason was asked to either shut
up or leave a lacrosse match because he was so loud and boisterous with the officials and
I submit to you as members of the public and members of the decision making process
that you should take into consideration the flaw at the same time you consider his assets.
I mean, it's a total package. This gentleman, as you and I do, represent not only
ourselves but the City, our families, our church, our related units, wherever, wherever we
go and my personal like for Jim, he's a very gregarious fellow, he's like me, he doesn't
play very good golf(laughter) but he's a very gregarious fellow. But as you make this
decision and I —. Bite the bullet and make it tonight and let's get on with the business of
the City of Ocoee. You people on the dais have the responsibility to work together and I
think it's a reasonable expectation that— from the public —that we expect you to do that
and those of you sitting — someone mentioned earlier — the lack of participation in the
voting process. If we have ten to twenty percent of the people voting, we don't have
tyranny of the majority, we have tyranny of the minority. So get out and vote and then
we can get going. (Timer buzzes.) You got— you got a job. I know, I'm over it. Shoot
me. (laughter)
Mayor Vandergrift: Will Mendoza?
Will Mendoza: Good evening everyone, City Commissioners, citizens and Mayor.
I'm gonna make this short and sweet. This City has tremendous potential, yet we're still
impeded in getting to the twentieth century due to certain circumstances. We've been
making so much progress since I've been here as an employee. Bottom line, wake up.
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N,
Citizens need to educate yourself on the issues, not on hearsay, but the facts. The City
needs to be run as a business or else it's gonna fail. The City needs to also remove itself
from the shadow of this lack of respectability as we see in the news media, spoken by
people in surrounding municipalities due to all this bickering and this banter. Forget
personal bias and vendetta. You must do what is right for the City, period — because I
guarantee you the citizens will not forget. The citizens' needs come first.
Commissioners, what are your interests? Do you want the City to progress and shine or
mire in this small town mediocrity. Set aside your feelings, vote correctly and let us
move on. Thank you.
Mayor Vandergrift: And that brings us to the end of our written requests and I have an
e-mail that's come in while we were talking from Ms. Ann Whittle. Her name is — my
name is Ann Whittle. I live at 715 E. Lakeshore Drive. Whether you like Jim or not does
not seem to be the question. The question is, has he done his job? It seems that as of the
renewal of his contract, all five of you did not express any problems you had with Mr.
Gleason and a few weeks later when you might be a little embarrassed by a comment,
you all of a sudden take a personal offense and make motions that unfortunately had two
other people to back it because they are the other two that are in question. If you choose
to continue on this course of action, I will be at the head of many that will start a recall of
elected officials. If California can do it, so can Ocoee. I would hope you will consider
the best interest of Ocoee. I got everybody? Is there anything else. Okay. Okay, I'm
gonna close the public hearing—
Commissioner Parker I'm going to give mine to Jean for the record.
Unknown Speaker: One more just came in.
Mayor Vandergrift: One more just came in.
Unknown Speaker: It's coming off the printer.
Mayor Vandergrift: Dear Mr. Mayor and City Commissioners, I am unable to attend
tonight's meeting personally, but would like to confirm the opinion I have already shared
with Mr. Vandergrift and Mr. Anderson. While Mr. Gleason may have the qualifications
to perform the City Manager's job, he has been a divisive force — and in the opinion of
this observer has been largely responsible to — for the incivility and unprofessional
behavior that has come to characterize so many of our City's meetings. I have witnessed
behavior that I'd characterize as unseemly, manipulative, rude, counter-productive,
highly political, grandstanding. He is supposed to be a hired professional administrative
hand, not a policymaker. Local newspapers refer to our City government as
"dysfunctional," and while snide, there is a large element of truth to the statement. It is
time for Mr. Gleason to move on so that the City can move on as well. If he were my
employee in the private sector he'd have been fired some time ago. Thank you, Rusty
Briggs, 805 Burr Oak Drive, Ocoee. We have another one? Okay. Let's cut it off after
this one regardless.
27
Commissioner Parker: Hot off the press.
Mayor Vandergrift: Hot off the press. Uh, Terry Long, Ocoee citizen. Regardless of
how or why Mr. Gleason was suspended/terminated, that he may bring a lawsuit against
Ocoee and regardless of any good that he may have done for the City of Ocoee, nothing
excuses or gets rid of the fact that he assaulted a woman both physically and verbally at
the City of Ocoee. If the Board is worried about a lawsuit, it should be worried about
what will be brought against Jim Gleason and the City as a result of that and the response
that he has worked with women and never behaved inappropriately towards them doesn't
mean that he hasn't behaved in such a way. A rapist/murderer doesn't hurt every woman
he comes in contact with, yet it does not excuse him of doing it to —to even—doing it to
even one woman. I feel any chance we may have had at retaining him as our leader was
thrown away by his own behavior. Sincerely, Terry Long, Ocoee Citizen.
Commissioner Johnson: That's all (unintelligible)
Mayor Vandergrift: Huh, is that it?
Commissioner Johnson: That's all, I believe.
Mayor Vandergrift: Okay, all right. We're gonna shut off the public debate at this
point and close the public hearing and ask the pleasure of the Commission, would you
like to make a motion and then have debates, each one at a time. (alarm goes off) I'm
sorry, am I out of time?
Commissioner Parker: You've used your time.
Mayor Vandergrift: I've used my time. (laughter)
Commissioner Parker: Or give us each five minutes to make—to make comments and
then make a motion, if it doesn't matter.
Mayor Vandergrift: If that's the consensus,then we'll see if there's a motion to
make, okay? If you'd like to start-
Commissioner Johnson: Start down there.
Mayor Vandergrift: Start down there?
Commissioner Parker: I don't mind starting if that-
Mayor Vandergrift: Go ahead.
Commissioner Parker: Whatever, I don't mind starting -
Mayor Vandergrift: Go ahead -
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Commissioner Parker: We've heard a lot of citizens and I appreciate everyone who
came here tonight and most of all I appreciate how nicely this meeting has gone and I
would hope for future reference, every meeting can go this well because we were able to
listen to each other, no hooting, no jeering, no embarrassing anybody and this has been
great, so just starting with a compliment there. In keeping just loose tabs here on who
spoke on what, we are at people who came and showed up to speak, 17 spoke to keep Mr.
Gleason, 6 spoke against, one spoke that was neutral and just asked us to make a good
decision. With that, I'll go on to some of the things that I thought I might say. In answer
to the allegation of how many people have left the City of Ocoee under Mr. Gleason, I'll
enter this. In the last three years, there have been nineteen involuntary terminations,
three for cause and thirteen for failure to satisfactorily complete probation. Now those
three for cause, that could have been in any department, that wasn't necessarily Mr.
Gleason firing those people, that would have been their supervisor. There were eighteen
voluntary terminations in that time period — period. From 3/1/01 to 3/1/04. In the three
years prior to that, there were eighteen involuntary terminations, two for cause and
sixteen for failure to satisfactorily complete probation, 71 voluntary terminations, of
which 5 were retirements and 66 were resignations. What we're looking at during the
time p—p—p time that Mr. Gleason was here was one more involuntary termination and
thirteen more voluntary terminations. That in a time period where the City had even
grown so, percentage-wise, I think that throws that allegation completely out the door. I
know there has been an unfortunate incident that is now going through investigation and I
do not believe it would be proper for me to make a decision based upon something that
the courts will have to decide. I think that is — is just—we cannot— we do not have the
power and ability to investigate that, we do not have the ability to make that decision as
judge and jury and we would be setting ourselves up to give Mr. Gleason yet another
lawsuit should we do so and something not pan out. If this pans out, then it's taken care
of anyway because it would be covered under our personnel rules and regulations and any
contracts that he would be removed if convicted of a crime. So I can't — as much as I
sympathize with anybody that has had a problem, in this, I can't even make a judgment
on that—it is not within the scope of my authority or ability or knowledge to do so. So, I
will not be basing anything on that. I can also not make a statement based upon anything
that a parent does at a lacrosse game because I've been to some little league games and I
think parents — parents behave far differently if— at sporting events where their children
are than they do in their normal life to, so that, I cannot make a decision based upon. As
far as folks who have said that we need to learn to get along, that there's embarrassment
with neighboring communities and in the media because of the in fighting, there is a long
history of in fighting in Ocoee and I will enter into the City record newspaper articles
from thirty years showing fights, more fights, city managers, you can pretty much change
the names and it's all the same, so if you want to see where the fighting began, the
newspaper articles will be here in City Hall and you can obtain a copy of them—you can
call me and you can read mine because it has nothing to do with Jim Gleason, it has to do
with personalities that are sitting up here today and has to do with all of us, so don't
blame him because we can't get along and because there's a thirty year history of that.
With all of that said, I did give Mr. Gleason a sign to take home to Sean and I was wrong
to do that. It was done in the heat of the moment and I have to bear responsibility for that
29
DnAFT
and I believe the lady was right, if I'm not gonna be disciplined and punished for that, I
can't punish him for doing something that was done on the spur of the moment, would
have ended up in Sean's hands anyway if I had taken it over there and believe me, I have
learned not to do that, I regret having done that so I don't want to blame him for that
either. I also don't want to blame him for decisions that we have made as a Commission.
We've explained how our City government works, (timer sounds) works when we make a
motion and we give a vote so; there you go. Am I on the timer?
Mayor Vandergrift: I just cut the timer off-
Commissioner Parker: You just me -
Mayor Vandergrift: If you've got some more to say, I won't cut you off.
Commissioner Parker: You won't cut me off. Okay,thank you. But, I cannot blame
him for something that was done five years ago or six years ago and believe me, we heard
in 1997 that we needed to do something about these water rates and we didn't do it and
we were told then that there was a problem,that we needed to address it, and we chose to
address it in a manner that didn't work. We tried our best. As far as the fees for late fees
on utilities—we're the ones that voted on the $25, we're also the ones who after the water
—the late payments went down because people didn't want to pay the $25, we went ahead
and gave in and we made it$10. I'm interested to see in a few months if late payments
go up. I know they did because, I'll admit, I had to pay mine late last month and I paid
the $10 too, so they probably will go up a little. With all of that said, from here on out,
I'll give every city manager a written evaluation because it's in his best interests to get it,
not in mine. And I will also be voting tonight to retain Mr. Gleason as City Manager.
Mayor Vandergrift: Okay. Anybody else care to make a comment? Danny, starting
at the far end—coming to the far end down there, would you like to?
Commissioner Howell: Yes, sir. Number one, there was a statement that was made that
um,that at the meeting that I called a special meeting that uh, that this was personal
between me and Jim. Um, I did say the word personal, what I said at that time that there
was personal problems. I didn't make the personal problems, Jim did - with his
innuendos and with his statements and with his comments and things that he said that I'm
not gonna bring up, he knows it but—but, but then of course,the lies and the rumors
started spreading the next day on the job that I fired Jim Gleason because I didn't like
him. And that's—that's uh, -that was a lie that, `course those start every morning after a
Commission meeting or a special meeting. I went to Jim Gleason January the 9th before
the City Commission meeting outside—started, I told Jim, I said, Jim, if your contract is
discussed tonight, I'm letting you know I am not supporting renewing your contract. Uh,
when the contracts came up—when the statement come up about his contract, no one said
a word. Why should I belabor the point when no one else is gonna say anything about
the contract. Number one, Gleason says he—he's always honest, always tells the truth
about everything. He made the statement earlier tonight that he stood here and
complained that why should he have to pay for an evaluation. He went to Jean Grafton to
30
get his evaluation. Jean Grafton tried to give him his evaluation, he refused and he said, I
will not take it, I want to pay for it. It was not—he did not have to—he did not—was not
forced to pay for that evaluation. That's just one more thing that he's mislead. And then,
Mr. Gleason, each time there's a problem or somebody made a statement that might
concern his contract, he came up with threats, some way of putting a stop to those
meetings. Number one when he heard after that—after January the 9th that there may be
a public hearing,the very next day or that same day, he sent e-mails to everyone
including the newspapers charging Mayor Vandergrift and Scott Anderson with violation
of the Sunshine Law and that was nothing more than an attempt to stop the meeting and it
worked. Urn, I've got so many things wrote down, I know I don't have enough time to
go over it, but he's—also statements made about that it's costing us thousands and
thousands of dollars because we didn't do this on January the 9m. Someone said even up
somewhere $70,000. The only thing it's gonna cost us by doing it this way will be
paying for this lady's attorneys' fees right here. He would have got the—he would have
got the ninety days whether he was terminated then or whether he was terminated after.
The only thing different is we are paying his—paying our attorneys' fees. Uh, and one
gentleman made the statement, uh, I don't see him now but he made the statement that
when he got through with his employees, he counseled them, he talked to them, he
counseled them, and when they left the job, they knew why they were fired. Well,
everybody out here hears from different people on this Commission and each one of them
tells a different story; but we work with him everyday and we work with the employees
everyday and I know what goes on with some of these employees and there is a lot of
these employees who left here not knowing why. There's employees that were demoted
in order to get them to leave and uh, and when I made the statement that Jim—Jim
Gleason was a good City Manager. That's not what I said, I said—I said, Jim Gleason
would make a good City Manager if he could not be so involved in the politics and keep
his foot out of his mouth is what I said. Urn, and I'm getting bumfuddled, folks, I'm
loosing my notes. All right, I'll try to get through this cause there's some of this I'm
gonna cut out because of statements made that I've talked to the attorney that I probably
shouldn't say even though they're true but, one - one statement I want to make is you talk
about Jim's temper, the lady in here that said (Timer sounded) she was attacked, or
assaulted— (alarm sounding) I just need another minute Mayor-
Mayor Vandergrift: Okay.
Commissioner Howell: Was not an isolated incident. What goes on up here is between
the City Commission and Jim Gleason—it has nothing to do with the families. No family
should be dragged in here—my wife came up here the next morning to meet with the City
Clerk. There was eight people standing in that hallway and if you want to see it—I've
got—I went to the Police Department, got a copy of the tape cause there's a video
camera. If I can do this without getting a little upset myself because nobody wants their
wife—I'm sorry, I get—I just get-
Mayor Vandergrift: Take your time, Commissioner.
31
CD [rAFIT
Commissioner Howell: My wife went to hug his neck in the hallway and he blasted her
and he call—he done everything he could to embarrass her in the hallway and had her
end up crying and told her that she better have a lot of money for an attorney because
he's gonna ruin me and ruin my family and he would do it any way he could do it—
simply because I didn't support his contract. You're not talking about—you're not
talking about everybody tries to make this man out to be an angel, but I'm telling you, I
worked with him for three years and I—and I didn't want to hire him to start with and the
only reason I hired him was because I had employees that kept on wanting him in there—
wanting him in here—the same employees that have been after me for three years to get
him out. Now, uh, and it's true—it's just so many people that Jim worked with as a
Commissioner—and I'm not saying that there's anything personal but they're all gone as
—as soon as he was hired as City Manager. He made statements about me and somebody
said if this happened in 2001, 2002 then it doesn't matter. Yes, it does matter. His whole
contract matters, it all leads up to one point, how much can you take. You know, it starts
at the bottom, it works its way to the top and you get enough and that's it. But, it went as
far as—in the e-mail it was sent to Mayor Vandergrift—talked about the e-mail that was
sent out—it was sent out about me and a way to beat me and the Mayor on a budget. At
the same point, calling me a thief. He said that the recreation department is being run
right since Johnny Farmer took over,the revenues were way up and it may be Danny
Howell was sharing in on the blank with Bruce Nordquist, Vicky Prettyman, Tony
Christelli and other names. Every time his contract was mentioned, he come up with a
threat of violation of ethics, violation of the Sunshine Law, lawsuits against the City and
you talk about—and there was another a major, major amount of money that it cost us—
but I'm not gonna bring it up—I talked to the attorney and they said it was strictly alright
to bring it up but I'm not gonna do it. I wrote all of these things so I wouldn't forget it
but I think it's just useless to go on and on. I just want it known that I did not—and I'll
tell you one reason why I went to Jim that night to tell him I wouldn't support him and 4
then I'll tell you why I came three weeks later and asked for a public hearing. Because a
statement was made that back in urn, 2002 I believe it was, that Jim Gleason—when we
go—when we go on City functions and trips, we come back, the City writes you a note
on your credit card saying what's covered and what's not covered. What's not covered,
you have to return to the City. Jim Gleason went in and paid that. He never asked me to
pay it. He never said a word to me. He went there and paid it and then he handed me a
receipt. The statement was made that he knew he was going to get my support—Ms.
Attorney, am I getting out of line?
Susan McKenna: I'm not sure where you're going—I'm not sure -
Mayor Vandergrift: Why don't you wrap it up -
Commissioner Howell: It just-
Mayor Vandergrift: Why don't you wrap it up then there,then you won't get out of
line.
32
DRAFT
Commissioner Howell: All right, I'll just wrap it—I'm just telling you that you—you're
hearing all the good stuff, but you're not here five days a week every day of the year and
know what really goes on.
Mayor Vandergrift: Thank you.
Commissioner Howell: And I—I just resent the fact that—they go out and spread it to
the working people out there that I simply took the man's livelihood because I didn't like
him. That's a lie. I went with this for three years.
Mayor Vandergrift: Commissioner, are you ready?
Commissioner Johnson: Where — where do I start, hmm? In listening to the
comments from all the citizens and thinking back at all the seventeen years that I've sat
here on this Commission with different Mayors, different Commissioners and different
citizens. I can still see some of them from when I was sitting in a meeting at the old
Community Center back maybe twelve years ago, fifteen years ago, I don't remember
what it was, but the same person that was talking about the assault charges, they tried to
assault me with an ex-police officer in the hallway between—between the kitchen. Tried
to intimidate me into a—into an assault. Same people, same two, sitting in the audience.
And I still see that picture and I still see the other police officer that — is gone and they
stood right there and tried to get me into an assault so — until you know the full story of
that which is an ex-employee that's mad because they didn't get something they wanted
so let's wait and see how that turns out with the State Attorneys Office. And I also
mentioned it up here — it's a shame to me that I have to go apologize twice to another
Commissioner to try to appease where I can get him not to be cutting down everything I
try to do up here or somebody else tries to do. I don't understand the system, why I have
to go make sure twice to do that to try to make sure I can apologize to where I don't have
that guy try to cut out what I'm doing for my constituents that I'm elected to look out for.
It's a petty thing in seventeen years that I've seen happen here and it's a shame—and I'm
part of it — that I had let go on because I sit up here with these guys and you can't say
anything cause one walks out and walks up in the audience and tell the guy, I'm gonna hit
Commissioner Johnson and I got proof of that. Is that verbal assault? Yes, it is. Now, I
can prove that. I have another guy who's mad at me cause he asked me to do something
on a vote and I wouldn't do it. That's the Sunshine Law folks. I told him not to call me.
I don't have any problems with anybody, I try to be friends. And yes, the lady is right.
That is my major fault, I am an aggressive person— very aggressive but it is because of
the passion I feel for this town cause I love it and I lost total respect for some people in
this town that I grew up — and as Commissioner Howell says, nervous, and I'm not
usually at a loss for words but I'm totally disappointed in Mr. Dabbs and I don't mind
telling you in public. I'm totally disappointed in him. First time I played golf with him,
he said, SOB. Well, you know, here I am a guy that's — my teacher and I'm thinking
what's this guy cussing like this and I — and he was my idol, I looked up to him. I've
heard him cuss more than anybody else, no different. Lester, I've heard you cuss. Pat,
I've heard you say things in places—I've sat in choir practice with you and heard you say
things I couldn't believe you said (laughter). So, so don't — let's don't take into things
33
DRAF
that's not pertinent to what we're supposed to be doing here. I've seen you sit at this dais
when you were mayor and do things - madness. Everybody tried to put everything into
this thing what — what everybody's thoughts are with Jim Gleason and let me tell you
something, I didn't like Jim Gleason and I vowed against my utter heart to work for him
one time when I hated it, but I went out and worked for him for mayor one time when I—
to get Jim Gleason unelected and it was something that I vowed that I would do — every
time you would run for office, I'd be there to bang on the doors and try to get him
unelected and there's a couple more that I'll be banging on the doors for in the future.
And I — I've put 17 years in when I — I have 'em tried everything to do stuff against me
and I don't care, I do what I'm supposed to do, I'm gonna say what I'm supposed to say
and I'm gonna keep doing it. I—I—I'm really sorry that the Mayor and I can't get along,
we've known each other for forty something years. I don't know why he come back in
92, first thing he did was write a negative letter about me and the election he wouldn't be
running against me. I don't know what that was for, I don't care but I am elected to sit up
here and do what's right for the Commission and for the citizens of this town and even—
even ex-commissioner Glass and I used to butt heads and some of the stuff I'm— I'm. I
think that I have set out for two years and learned some stuff that I should do and not be
aggressive at, but there is times to be aggressive when you gotta get stuff done and this is
the jealous bunch (alarm sounding) of people I've ever seen in my life, if you — this
Commission — if you go get something done from Jim Gleason, when you're doing
something—that district, you're not doing for me. That's bull crap. Jim Gleason just did
what I asked him— I'd go in that office and say, this is what's gotta be done, if it can be
done, I need to see it done, we gotta get it done. That's no big deal, if you went up there
and did it yourself, you could get it done. That's all you gotta do is ask. Let me tell you
something else, I sit here when one of my best friends that I liked and took a lot of grief
over for years caused I backed him, was Ellis Shapiro who, Lester Dabbs was his best
friend also —that was the most abusive, cussingist fellow I ever heard in my life. If you
didn't hear him hollering out in the hallways SOB this and all that, then something's
wrong and I know that Lester knows full well Jim Gleason has no foul mouth like Ellis
did and I hope he ain't rolling over (laughter). Him—him and I— and I'll tell you—him
and I would butt heads and argue and he was a cusser, folks and I mean, he degraded a lot
of people probably, and Mrs. Grafton knows, the way he did stuff, but the man did a good
job when he was here, he did what he was supposed to do. And like I said, Jim Gleason
and I are not friends outside, and I — I probably had dinner with him one time, I run into
him the other night with old Lester and the Butlers and everybody at the place I just
happened to run into him, and we been out to eat one time in three years but we deal up
here, and I can guarantee you from all the staff members of this place that Jim Gleason—
all these guys sit at Keenes Point and made this big proclamation that we weren't gonna
get involved with the City that we would live by, I'm the only guy there that was arguing
that thing. The rest of them, oh yeah, oh yeah that's it, that's it. But I live by it. You
don't find me at the staffs' telling `em what to do. You can say it, `cause I go in there
and ask them something, I've been to the City Manager first. There is people up here to
go in there and messing with departments that shouldn't be doing. And I'm gonna tell
you what, there's all kind of people that see different things and different foresights just
like in that hallway the day after that happened and I had some other people tell me a
different way it went, so everybody has different opinions. But — and Jim Gleason — I
34
DRAFT'
used to umpire little league, man you ain't heard some words you can hear from some of
them parents, and I know Jim Gleason worked as West Orange High School announcer
for years, they wouldn't let him be up there announcing if he was that vulgar. The man
did a good job, he was an announcer. You know, the man volunteered time and endless
time and PTA's, at school, and I want to tell you something, in all the years the Mayor
preaches grants, Jim Gleason got the grants, worked to get them, brought 'em here for the
town and we got the benefits of it. And I know the Mayor has probably good stuff and—
he does it — but he will not step back away from that hard-headedness like I had and go
out there and meet and do it like the Charter says what our government is. The citizens
cha — couldn't change it. They had a chance to change it. It is not a strong Mayor
government. It is a City Manager operated and folks that's what it is. And I think — I
think Commissioner — I'm not even going to ask Commissioner Howell, I'm asking
Commissioner Anderson as a fellow Commissioner to please weigh in his soul to do
what's right. Don't hold nothing against what I said, he said or anybody else says, but
give the man a chance, let's do what's right for this City and don't take into all this
negative hateful stuff that some of these people come up with. I mean, I can't hardly
understand it. I—I it amazes me that some of the people that said I got run over by a lady
last year standing on the corner and we know who that is. That was an assault. I didn't
go file a claim on it. But it was because I was out there holding a sign for somebody else.
We know who that was — yeah, we do and she was one of the ones up here preaching
about the assault. Let me tell you something, I — I take assault, my family takes assault,
Parker, with the Mayor, everyone of us up here and like I said, I know full well that
Scotty Vandergrift's lived in this town and he likes Ocoee — or loves it and I know he
does and I tell you I wished I could — if there was a way that we could sit up here as a
group of people—as grown men and do the job we're supposed to do but citizens have to
Commissioner Parker: And women-
Commissioner Johnson: And women. (laughter)
Commissioner Parker: I'm man enough to say I can be here (laughter)
Commissioner Johnson: Commissioner Parker knows full well I count her in
(laughter). Commissioner Parker knows I think she does an excellent job and
Commissioner Parker and I for instance butted heads years ago -
Commissioner Parker: If Ellis hadn't been in between us. I'm sure I would have been
the one that lost, so he would have known I've been there (laughter)
Commissioner Johnson: Let me tell you something. I—I'm not a person—I didn't
write anything down, I couldn't write it down—I don't know how to write stuff down and
put it—I can say it. I look at—I look at people and I look at people who's supposed to be
church-goers who supposed to do stuff—work for the City. People, let's—I looked at
some of the ads from City Manager people. They're all the same and don't tell me about
it Lester, you and I've sit in on interviews for doing—city manager interviews and did
35
ERAIF7'
different things,just like with Ellis Shapiro. We changed things around and went another
way, so when you sit up here you gotta take that into effect. Not when you're sitting out
there. So, yeah, we did something different with Jim Gleason, cause I never, and a cold
day in you know where thought I'd hire him. But one of the Commissioners up here,
and he knows who it is, was pushing for it and I thought, well why not, he lives here—
you know he's got intelligence, I don't like him when he was young, when—the
Commission—I told him don't run for Mayor but he wouldn't listen. So he did what he
wanted to do and it cost him, but I think he was a good thing because he got out of what
he shouldn't have been in and he got into what he should have been doing. He's an
excellent City Manager, my older brother's been a city manager for 35 years, I've
watched his wife, it's amazing to me the man's probably moved in more states and been
in more jobs, you just got about two to three year cycle of the town, then you gotta move
which is not good but this is the place we can keep somebody that's from here and he can
stay here—it's like in Kansas—when you always get these applications from Kansas,
these guys have been there 20 years, 22 years, 24 years—they retired now and coming to
Florida but there are little areas out in these places where there's small towns and people
still like small towns and I see guys, like I said, I hate to keep bumping around but it's
just like I see employees without saying I'm really disappointed in, that doing stuff—just
because of the madness of it—they're out doing stuff illegally that I know that they're
doing that shouldn't be and I'll tell you personally there wasn't—it was told to me in
front of my wife in that restaurant exactly about the Sunshine stuff and I will go to court
if I have to and say that and my wife will also. It's a fact. And, like I said I've tried to
apologize to people up here and my job is to do what I'm supposed to do for citizens and
folks, I'm gonna do that for three more years cause they just elected me again(laughter),
so I'm here to stay.
Commissioner Howell: Good job.
Mayor Vandergrift: Commissioner Anderson.
Commissioner Johnson: Well, I got elected eleven years up on the north side and I
think I could do it again.
Mayor Vandergrift: Commissioner Anderson.
Commissioner Anderson: Thank you, Mayor. First of all I want to thank everyone for
coming here tonight. I know it's a long meeting here, not for us but it's a long meeting
and I appreciate everyone viewing on T.V. watching this. Like Rusty said, I was
probably the one that did push for Jim to become the Acting City Manager and urn, and
to do that and his — his job there was to convince some other commissioners and the
Mayor um, to get three votes to become that City Manager three years ago and we went
through an enterim period — I think it was about three — three, maybe six months and he
was up and running and was doing a good job. I — and I hope Jim's watching, I don't
think he's in — in here but I have every — all my feelings say that Jim could be a good
City Manager. I don't have a problem. I mean, there are certain tools and urn, but I have
to agree also with what Lester had — part of what Lester has said and Lester, we don't
36
DnAFT
agree very often at all (laughter) and it's not— it's really— it's not a personal attack but a
lot of times things—things come out that shouldn't come out before you think it—think it
through. So, that—that—that's part of the maturity, I guess as a City— City Manager or
anything in the management or anything in any kind of business so, I have to concur with
Commissioner Howell from the standpoint of what the cost is going to be to the City.
Doing it in January, doing it in February, the City Manager is on a contract and that
contract stipulates in his contact if he — if he's terminated without cause he's gonna get
his three month severance so in that contract— now the —the —the timing of that, um in
January or February depending on if it's in the contract, I may not have it exactly right
but it's gonna be pretty close to the same amount of money cause I've — from what I've
• been told not knowing what the motions are is that it's a — it's a termination without
cause which is part of his contract. His contract says that at any time if the majority of
the City Commission wants to terminate the City Manager — Paul, I hope I'm right on
this, is that the majority of the Commission can make the motion and he gets his three
months severance pay at that point, unless it's in the last — if — I think that's
approximately what it is so, the dollars and cents I think is the legal—the legal—the legal
to make sure we're doing everything correctly and I think the part about the suspension
part would be the only part that is a little bit different so it's Commissioner Howell — I
think it's just a little bit different, but—but that's where it's at so the dollars and cents is
— you know, it's plus or minus on that so, I just wanted that to be clear in my mind too.
This is probably — I'm probably shake — normally I'm not shaking or anything like that
but I am shaking more tonight than I've urn, um, have at most Commission meetings. I
met with Jim I think it was Thursday or Friday last week, we had lunch over at the mall.
Public place, I just figured it was a good place, I like eating at the mall anyway and Jim
and I talked about a lot of things and um, we tried to get a balance there and um, I — I
mean, you know, we all sit up here and say well we like each other, you know we're
good friends and whatever, but Jim and I have always made this assumption and said it's
a business, we're not personal friends, we don't go out anywhere we —but it's a business
cause of the potential that he — you know, that we're doing this this way so and Jim —
remind me, you remember Scott, we talked about this, don't — we're not friends, we're
doing this as business and that's the way I've always tried to keep it. We went over a lot
of things, Jim and I and, um, the issue tonight—the issue to me is— is— is um, what will
come—what will happen either way of what um, - how do I want to say it—to keep him
here, what—what will happen and to let him go, what will happen to the City, either way
and that's — that's — that's — that's my only thing here. I mean, either way, um, I hope
Jim the best both ways and if he's here, you know, we're gonna all work together, if he's
not I'm gonna support him in his endeavors. Thank you.
Mayor Vandergrift: Did he say thank you? Okay, I do want to thank the audience
tonight for being calm, cool and collected in a very heated situation. My comments were
made at the last meeting, you heard how they were utilized by Mr. Gleason to inform me
that I wasn't exactly truthful about it. It's a difference of opinion in some cases and in
some cases there's things that were said that twisted my words and so on and so forth so
I'm gonna ask the pleasure of the Commission at this point and see what we come up
with.
37
IiLEFT
Commissioner Howell: I made the motion last time to—for this meeting I think, you
may have to have me for what would be the proper motion to approve the ordinance and
terminate Mr. Gleason's contract.
Susan McKenna: Well the—the proper motion would be a motion to adopt a final
resolution to terminate the City Manager.
Commissioner Howell: So moved.
Mayor Vandergrift: Do I have a second to the motion?
Commissioner Anderson: I'll second that.
Mayor Vandergrift: The motion is made by Commissioner Howell, seconded by
Commissioner Anderson. Any further discussion on it? Let's vote.
Susan McKenna: Mayor-
Mayor Vandergrift: I'm sorry-
Susan McKenna: Prior to voting, I have a draft of actual language that you might
want to read and get a vote on the actual language of a final resolution.
Mayor Vandergrift: Okay, we'll erase that vote and let's read it. You want to read it
out loud to us then?
Susan McKenna: I'll be happy to read it out loud, if not, I've got copies. This is a
Final Resolution of the City of Ocoee, Florida, to Terminate the City Manager and the
City Manager's Employment Contract; Providing for Severability; Providing an Effective
Date. Whereas, on February 3, 2004,the City Commission of the City of Ocoee adopted
a preliminary resolution stating the intention of the City Commission to terminate the
City Manager, Jim Gleason("City Manager") and the City Manager's Employment
Agreement dated as of May 1, 2001, as amended October 16, 2002 (the "Employment
Agreement"), in accordance with Section 7(B)(1) of the Employment Agreement and the
procedures set forth in Article IV, Section C-22 of the City Charter. Whereas,the
preliminary resolution suspended the City Manager for a period of time not to exceed 45
days pursuant to Article IV, Section C-22(A) of the City Charter. Whereas, on February
9, 2004,the City Manager provided the City Commission with a written request for a
public hearing pursuant to Article IV, Section C-22(B) of the City Charter. Whereas, on
February 17, 2004, the City Commission scheduled a public hearing to be held at a
special meeting of the City Commission on March 4, 2004 to consider the adoption of a
final resolution to terminate the City Manager. Whereas,the City Manager was afforded
notice of the above-referenced actions of the City Commission in accordance with the
requirements of the City Charter. Whereas, having conducted the March 4, 2004 public
hearing, the City Commission desires to terminate the City Manager's employment.
Now, therefore, be it resolved by the City Commission of the City of Ocoee, Florida, as
38
follows: Section 1. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State
of Florida and Chapter 166, Florida Statutes. Section 2. Decision to terminate. Pursuant
to paragraph 7B(2) of the Employment Agreement and Article IV, Section C-22 of the
City Charter,the City Commission hereby terminates the City Manager's employment
and the City Manager's Employment Agreement. Section 3. Severance pay. Pursuant to
paragraph 7B(2) of the Employment Agreement, the City Commission hereby authorizes
severance payments representing three month's base salary to be made to the City
Manager on the normal payroll cycle, subject to the conditions set forth in subparagraph
7B(2) subparts (a)through(j) of the Employment Agreement, including the City
Manager's execution of a release of all claims. The City Commission hereby directs that
Special Counsel Susan McKenna promptly prepare and forward to the City Manager,
through his attorney, a release of all claims. Section 4. Termination details. The City
Commission hereby directs the Acting City Manager, in consultation with Special
Counsel as may be appropriate, to take or authorize the taking of all administrative and
other actions as may be necessary to effect the City Manager's termination from
employment. Section 5. Severability. If any section, subsection, sentence, clause,
phrase or portion of this Resolution is for any reason held invalid or unconstitutional by a
court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portion hereto. Section 6. Effective date. This Resolution shall become effective
immediately upon passage and adoption. So that—Mayor, Commissioners, if this were
to be passed tonight, it would be dated March 4, 2004.
Mayor Vandergrift: Any question from any attorneys in the audience? All right, let's
call a vote again, that's essentially I think what the motion was made to accept the
Resolution.
Commissioner Howell: Yes
Mayor Vandergrift: Let's vote again. And the vote is three to two with Commissioner
Parker and Commissioner Johnson voting no, not to fire the City Manager. If I may, we
also put on the agenda the appointment of an interim city manager being of the nature of
the meeting tonight again, we have a reasonably good interim city manager on staff that
has been working well. I would not be opposed to maintaining her until our next
Commission meeting, we can discuss it again. Oh, you don't want to or is -
Commissioner Anderson: Is that a motion?
Mayor Vandergrift: I would move that we do that.
Commissioner Anderson: I'll second that.
Commissioner Parker: You moved that we would go ahead and decide tonight. Are we
just gonna keep moving to go forward -
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DRAFT
Mayor Vandergrift: Yes, I did that.
Commissioner Parker: and- and- and not-
Mayor Vandergrift: All right, let me ask you something. Were you able to check
out the people that were—involved?
Commissioner Parker: Well, you know—on Tuesday you said you needed until tonight
to check it out, you'd already had a week to read them, as usual, if you can't read
something that's put in your box within a week, what makes you think that another week
or another three weeks will help?
Mayor Vandergrift: I had read them Commissioner and I'm a little distressed right
now about things and uh -
Commissioner Parker: Well, I'm not. I'm ready.
Mayor Vandergrift: The—the staff-
Commissioner Parker: It's my job to be here to do business, not to react to stress and
I'm ready to make decisions. That's why I get paid $300 a month-
Commissioner Johnson: I don't know what you gotta worry about, you can name
one of the interims cause the—the one is a nice lady, and she's got—but she's not been
able to handle that right now—we're not getting any work done and with our—with any
of our developers or anybody else and you Commissioners can start doing what you want
to do but fellows, we're gonna have a lot of problems and let me tell you, she's the
finance director, we've got the budget stuff coming up, we need a person hereto run in
the government operated and knoW what to do and and that's not gonna happen the way
it is right now. We're having to pay Donald to go up as the Acting Finance Director,
we're paying Wanda to be the Acting City Manager, so that's more money, but the
problem is there's five people there—just choose one in the interim, let's use them until
we hire—if you hire somebody. But no, make another point and go the other way.
Mayor Vandergrift: I think Commissioner Anderson made a motion, did somebody
second it?
Commissioner Anderson: You made the motion.
Mayor Vandergrift: I made the motion, okay. I made the motion and you seconded
it.
Commissioner Anderson: Yes, sir.
Mayor Vandergrift: Any further discussion? Let's vote. Motion carries 3-2. Meeting
is adjourned.
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