1997-04-01 Regular Meeting3r3E�KEECy_; CITY OF OKEECHOBEE
�REGULAR CITY COUNCIL MEETING
,
SUMMARY OF COUNCIL ACTION
_ Fcoq,o�/if PAGE 1 OF
A.
Call Meeting to order on April 1, 1997
Mayor Kirk called the regular meeting to order on April 1, 1997 at 7:00 p.m.
B.
Invocation offered by Reverend John Paul Ziegler;
Reverend J.P. Ziegler offered the invocation;
Pledge of Allegiance led by Mayor Kirk.
Mayor Kirk led the Pledge of Allegiance.
C.
Mayor and Council Attendance:
Clerk Thomas called the roll:
Mayor James E. Kirk
Present
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Council Member Noel A. Chandler
Present
X
Council Member Lowry Markham
Present
X
Council Member Robert Oliver
Present
X
Council Member Dowling R. Watford, Jr.
Present
X
Staff Attendance:
City Attorney John R. Cook
Present
X
City Administrator John J. Drago
Present
X
City Clerk Bonnie S. Thomas
Present
X
Deputy Clerk S. Lane Gamiotea
Present
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D.
Motion to dispense with the reading and approve the Sum-
Council Member Chandler moved to dispense with the reading and approve the
mary of Council Action for the regular meeting of March 18,
Summary of Council Action for the regular meeting of March 18, 1997; seconded
1997.
Council Member Oliver. ;
KIRK II
„
CHANDLER
MARKHAM
X.(I
OLIVER
WATFORD ii
I
MOTION CARRIED.
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333
REQUEST FOR THE ADDITION, DEFERRAL OR
WITHDRAWAL OF ITEMS ON TODAY'S AGENDA.
E. NEW BUSINESS
Discuss Fire Department Overtime - Chief Tomey
�. Discuss Fire Department Issues and r=ire Cnief s
Performance - Council Member Watford.
APRIL 1, 1997 - REGULAR MEETING - PAGE 2 OF 8
Mayor Kirk asked if there were any requests for additions, deferrals or withdrawal of
items on today's agenda. Council Member Oliver questioned the structure of items on the
agenda stating the tabled motion should be the fi. Fl item since it is unfinished business.
Mayor Kirk responded that all the issues were continued from the last meeting and did
not see a problem with the way the items were listed. Council proceeded with the agenda
as presented.
Mayor Kirk thanked Chief Tomey for the information he provided to the Council
concerning how the overtime was structured and a list of options he had come up with
to help alleviate the overtime in the Fire Department. Council discussed the overtime and
options with Chief Tomey and felt that with some creativity and imagination, the Chief
could find other solutions to help with the costs of the overtime. Mayor Kirk also advised
the Council and Chief that he had contacted the Arcadia Fire Department to see how
thev handled their scheduling and overtime and exalained how thev do not use "Kelly
Days' and work four man sniiLs. Council instructed Chief Tomey to research different
ways to schedule the emolovees in his department and use some innovative ideas
and present them at the next Council meeting.
Council Member Watford addressed the issues the Councii discussed at the March 1 ath
meeting concerning the job performance of Fire Chief Tomey. He advised that he had
met with Chief Tomey in the last two weeks and the Chief understands his point of view
and that this item was going to be on the agenda.
Council Member Watford moved to issue a written warning to Fire Chief Tomev
concerning his lack of communication. leadership. oversight in his department's budget
and lack of planning for his department: and place it in his personnel file: seconded by
Council Member Markham.
Council discussed whether a time period should be put on this to re-evaluate the Chief.
Council Member Markham withdrew his second to the motion. Council Member Watford
withdrew his motion from the floor.
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E. NEW BUSINESS
2
Discuss Fire Department Issues and Fire Chiefs
Performance continued.
1mciioh is re love from tacie ii = ierminatloni of
�. �-ioar irolii:l�OniraCtor S nssociatioi ��
Chamber of Commerce
Tom Murphy
Peter Knoll
Billie Jean Reynolds
Debra Flowers
Linda Wilcox
Francee Buckley
Bill Osterman
APRIL 1, 1997 - REGULAR MEETING - PAGE 3 OF 8
Council Member Watford moved to issue a written warning to Fire Chief Tomey
conceming his lack of communication, leadership, oversight in his department's
budget and lack of planning for his department; that it be placed in his personnel
file, and that Council will evaluate Chief Tomey's improvements in ninety (90) days
seconded by Council Member Markham.
KIRK
CHANDLER
MARKHAM
OLIVER
WATFORD
MOTION CARRIED.
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al�.
s@`/erance oav and accrues oenems. Atior; =-v CooK, advised tnat a motion Is neeaed io
accept or reject the letter of resignation. If Council chooses io accept It. they wiii not
need to remove the motion to terminate from the table.
Council Member Oliver moved to accept the letter of resignation from Administrator
Drago; seconded by Council Member Watford.
Attorney Cook advised Mayor Kirk that it would be appropriate at this time to allow the
public to speak on this issue.
Mr. Tom Murphy, Peter Knoll, Debra Flowers, Billie Jean Reynolds, Sue Osterman, Linda
Wilcox, Sheila Miller and Michele Cowart addressed the Council in support of
Administrator Drago and asked the Council to reject his letter of resignation.
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APRIL 1, 1997 -REGULAR MEETING -PAGE 4 OF 8
E. NEW BUSINESS
3. Motion to accept Administrator Drago's resignation
A letter was received from Okeechobee County Sheriff Edward Miller and he requested
continued.
that it be read into the minutes. Mayor Kirk read the letter in it's entirety as follows:
"Dear Mr. Mayor: I cannot help but have noticed the recent controversy over City
Manager (Administrator) John Drago and charges that he does not get along with other
areas of government. I simply want to go on record that Mr. Drago has always been most
cooperative and helpful to me ... first as County Judge and now as Sheriff of
Okeechobee County. The most recent example was his advice and assistance in
enabling the Sheriff's Office to purchase nine used city police cars at a great savings to
the county. With warm personal regards to you and each member of the City Council. I
am, Sincerely, Edward A. Miller, Sheriff of Okeechobee County."
Mr. Clayton Williams addressed the Council stating he wanted them to know the citizens
of Okeechobee Citv would support them and are behind them whatever their decision is.
Council Member NNat;ord stated these are tine times that it is hard to be up here. when
the Council has tc make a very difflicult decision. but one that wi!! haves a long lasting
�
-;tcri 0� iI i! iE City. I ; & "Vili ieli bVnc'ti 1= li 42s i i11 oori cc i or ii
has served up here a long time. The one thing he has always tried not to do is criticize
past Councils because he knows how hard it is. Many times this Council has to deal with
decisions that were made twenty or thirty years ago and sometimes the consequences
of those decisions effect us and some have not been very pleasant. He firmly believed
that the previous Council made the decision, in hiring Mr. Drago, that they felt was in the
best interest of the City at that time and with the information that they had. He hoped that
each one present will remember that however the vote goes.
Council Member Watford stated that he agreed with many of the things said. Mr. Drago
is probably the best negotiator that he had ever seen when it came to dealing with State
!
agencies and "high power" executives and those types; he has instigated many
innovative programs in the City; that he is very intelligent and has done many things for
the City and for him personally and he appreciated those things.
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APRIL 1, 1997 - REGULAR MEETING - PAGE 5 OF 8
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E. NEW BUSINESS
3. Motion to accept Administrator Drago's resignation
Council Member Watford further stated that he wanted to point out there are two sides
continued.
to every story. This is a no win situation. However this vote goes half the people will be
happy and half will be unhappy. He came to a City Council meeting a long time ago and
had the same feelings that probably at least half of the people attending tonight will have
because he addressed the City Council and unlike our Mayor does, they did not thank
him for his comments, they just went on to the next item and voted the opposite way he
wanted them to vote. He realized later, they had a reason to do that. He wanted to let
everyone know he did appreciate them for coming and making their comments.
He continued further and stated that the Council has to make many decisions and
sometimes they are not the popular ones. He had really wrestled with the decision in the
last two weeks that would be made tonight. A lot of positive things have been mentioned
that have occurred in the City but he has been around here a long time and seen a lot
of thinas happen. He questioned how much should he base his opinion on what has
happened in the past and unfortunately sometimes that is all one can do. base decisions
on experiences of the past.
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Vvi:i IVIi Me, Cr 'Y`'/GLI IJr� JG�U I Iv ICI. C '03 Lii,01 172J IGI IC.C.1. i II IIJ lilt llC�
have gotten this far. The City should have an evaluation process of the Administrator and
Department Heads so they can address issues as they come up rather than when there
are serious problems. The City should not have a perpetual contract with the
Administrator. It does not allow the City time to renegotiate or re-evaluate what is going
on. The current contract that was approved was a three to two vote. There have been
two other motions similar to the one that was tabled that were both defeated three to two
so that shows over the years there have been problems and -it has not always been
smooth sailing.
He stated that he tried to think of both sides and he wanted those present to realize that
the Council is also having to deal with, "does the end justify the means?" Some people
will argue that yes it does. For example, if you win a ball game, is that all that counts.
Council Member Watford said he does not believe that way. How you play the game and
the sportsmanship is more important.
E.
APRIL 1, 1997 - REGULAR MEETING - PAGE 6 OF 8
NEW BUSINESS
3. Motion to accept Administrator Drago's resignation Council Member Watford continued that it has been said that Mr. Drago cannot be the
continued. administrator because he cannot hire and fire the department heads. However there are
many types of leadership and many ways to lead people and he felt Mr. Drago was smart
enough to know that. The City has got some problems. Communication is a'two way
street, some of the Department Heads were criticized for not communicating with the
Administrator, but those of the Council and others that have been involved in this know
there has not been communication between the Administrator and Department Heads
either. The Administrator has not always shown good judgement in some of situations.
He gives the appearance of wrong doing in some of his bad judgement. Administrator
Drago is very good at manipulating people in situations and can play on different
emotions when there is a particular issue brought up. He further explained the reason
he was going throuah all this is because many of the peoole attending only see one side
of the story and he wanted to make sure that both sides are considered.
The other issue the Councii has to wrestle with is what does a Council Member or any
other c_overnmental official base their opinion and vote on? He felt all would have to
acree that each Council Member has to search their own soul. heart and mind and vote
iCvV GcC + Gi e ✓siieves. I n+e(e were w+i+c arj jO+T+e
clarification. All of us love Okeechobee or we would not be here. He did not dispute that
Mr. Drago had been loyal to the City and appreciates the City but he wanted those
present to be aware, if they were not, that Mr. Drago has applied for other positions. It
is not like the City of Okeechobee is the last step for him.
Council Member Watford continued further that the Council may be at the spot to ask if
the Administrator has the confidence of the Council and citizens of the City. It may be
time for a change and this may be the opportunity the City needs. There are a lot of
projects and programs going on and they might suffer and then again they might not.
That is a chance that will have to be taken. In closing, he said no matter who the City
Administrator is, you have to have trust in that person and believe they are honest. That,
more than anything else, the Council must have trust in the person.
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338
E.
APRIL 1, 1997 - REGULAR MEETING - PAGE 7 OF 8
NEW BUSINESS
3. Motion to accept Administrator Drago's resignation Mayor Kirk then commented that his position has not changed since the last meeting. He
continued. did feel the Council should not accept the resignation nor vote to terminate Administrator
Drago. He felt the Administrator has done a good job for the City. There are a lot of
projects under way right now and he did wont' as to what is going to happen to them if
the Council decides to end his employment. Administrator Drago had proven himself to
him in the nine years that he had been on the Council. He does make it a habit to stay
in contact with the Administrator to stay updated to what is going on and urged all
Council Members to do that. He was afraid the City was about to put themselves in a
position with no organization. If this is done tonight he felt there would be a time in the
future that he will have the*opportunity to say "I told you so" and will remind the Council
of this date in history. The City will pay a'price for this and could make a very serious
mistake.
No other Council Member wished to comment on this item. There beina no further
discussion on this motion, vote is as follows:
KIRK
CHANDLER
MARKHAM
OLIVER
WATFORD
MOTION CARRIED.
Council then discussed who would take the Administrator's place, suggestions were to
divide up the responsibilities, appoint City Clerk Thomas as interim with the assistan^e
of the City Attorney or ask Mr. Drago to extend his effective date of his resignation to
thirty or sixty days.
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339
E. NEW BUSINESS
3. Motion to accept Administrator Drago's resignation
continued.
ADJOURNMENT - Mayor Kirk.
PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal
any decision made by the City Council with respect to any matter considered at
this meeting, he/she may need to insure that a verbatim record of the proceeding
is made, which record includes the testimony and evide a up n which the
appeal is to be based. A tape recording of this meeti is on fi in the City
Office. , / Cyr '
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ATTEST: /%James E. Kirrk, Mayor
Bonnie S. Thomas, CMC, City Clerk
APRIL 1, 1997 - REGULAR MEETING - PAGE 8 OF 8
Mr. Drago agreed to extend his resignation date sixty days on the condition that the
severance pay would begin from that date (June 10th); and he would continue to accrue
benefits during the sixty days.
Council instructed Clerk Thomas to begin advertising the position stating the salary and
giving a time limit to receive applications. Clerk Thomas also advised she could set up
a review committee for the applications.
Council Member Watford moved to request John Drago remain up to an additional
sixty (60) days (after April 11th, making his resignation effective June 10, 1997) at
the present terms of his contract, on second call Council Member Chandler
seconded the motion.
Council Members Markham and Oliver stated thev did not think this vial a accd business
practice. to ask an employee to stay on after you have accepted his resignation
especially when one c t^e reasons 'u1ven -or acc=ctirC !t was an Issue oT trial.
KIRK
CHANDLER
MARKHAM
OLIVER
WATFORD
MOTION CARRIED.
There being no further items on the agenda, Mayor Kirk adjourned the April 1, 1997
Regular City Council Meeting at 9:00 p.m.
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