1992-09-22 Regular MeetingC I T Y O F 0 Y E E C H 0 B E E
C I T Y C O U N C I L M E E T I N G
SEPTEMBER 22, 1992 — 7:00 P.M.
SUMMARY OF COUNCIL ACTION
PAGE 1 OF 34
-
COUNCILMEMSERS ACTION
VOTE
YES
NO
Mayor Kirk called the meeting of September 22, 1992 to
A. Call Meeting of September 22, 1992 to
order at 7:00 P.M.
order at 7:00 P.M.
B. Invocation offered by Rev. Bill Tweedale;
Invocation offered by Rev. Bill Tweedale;
Pledge of Allegiance led by Mayor Kirk.
Mayor Kirk led the Pledge of Allegiance.
C. Mayor and Council attendance:
Mayor James "Jim" Kirk
Present
X
Councilmember R.R. "Nick" Collins
Present
X
Councilmember Danny Entry
Present
X
Councilmember Jerry E. Walker
Present
X
Councilman Dowling R. Watford, Jr.
Present
X
Staff attendance:
Wrl
Attorney John R. Cook
Present
X
Administrator John J. Drago
Present
X
' Clerk Bonnie S. Thomas
Present
X
Deputy Clerk Lane Gamiotea
Present
X
D. Motion to dispense with reading and
Councilmember Collins made a motion to dispense with reading
approve the Summary of Council Action
and approve the Summary of Council Action for the recessed
foe the Recessed Meeting of September
meeting of September 9, 1992 held on September 14, 1992;
9, 1992 held on September 14, 1992.
seconded by Councilmember Entry.
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
CCDTCMDCD 77 1nn7 nrrlu nn urrrrur nnnr n nr nA
JJL - I\LUUL/l1\ FILL 111\U - I P1UL L VI 0-t
COUNc:1 LMEMBERS ACTION
VOTE
VES
AVRBQIIEST
FOR THE ADDITION, DEFERRAL OR
WITHDRAWAL OF ITEMS ON TODAY'S AGENDA.
None.
E. OPEN PUBLIC HEARING FOR FINAL ORDINANCE
Mayor Kirk opened the public hearing for final ordinance
ADOPTION
adoption at 7:02 P.M.
1. a. Motion to read by title only,
Councilmember Watford made a motion to read by title only,
Ordinance 648 — City Attorney
(Exhibit 1).
Ordinance No. 648Utilit (Utility Tax revision); seconded by
Councilmember Entry.
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
Attorney Cook read Ordinance No. 648 by title only as follows:
"AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF
OKEECHOBEE, FLORIDA; AMENDING CHAPTER 15, ARTICLE I, SECTION 15-1
TO PROVIDE FOR A TAI ON EACH AND EVERY PURCHASE, IN THE CITY, OF
ELECTRICITY, BOTTLED GAS (NATURAL AND MANUFACTURED) AND LOCAL
TELEPHONE SERVICE. ALL IN ACCORDANCE WITH FLORIDA STATUTES,
CHAPTER 166.231; PROVIDING AN EFFECTIVE DATE."
b. Motion to adopt Ordinance 648.
Councilmember Collins made a motion to adopt Ordinance No. 648;
seconded by Councilmember Watford.
C. Public Comment.
Mayor asked if there were any comments or questions from the
public. There were none.
Councilmember Watford commented that basically what we are doing
is taking off the two hundred dollar cap and we are doing this
because of the budget deficit.
UPTFMRFR 77. 1992 - REGULAR MEETING - PAGE 3 OF 34
E.
F.
VOTE
COONCILMEMBERS ACTION
yES
NO
PUBLIC HEARING FOR FINAL ORDINANCE
ADOPTION CONTINUED
d. Vote on motion.
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
CLOSE PIIBLIC HEARING
Mayor Kirk closed the public hearing at 7:04 P.M.
OPEN PUBLIC HEARING FOR THE FINAL READING
Mayor Kirk opened the public hearing for the first reading of the
Budget Ordinances at 7:04 P.M.
OF THE BUDGET ORDINANCES — 7:00 P.M.
1. Mayor announces that the purpose of
Mayor Kirk announced that the purpose of this public hearing is
this public hearing is to consider
to consider the first reading of ordinances for the proposed
the first reading of ordinances for
millage rate levy and proposed budget for the fiscal year 1992—
the proposed millage rate levy and
93.
proposed budget for fiscal year
1992-93.
2. Mayor announces that the proposed
Mayor Kirk announced that the proposed millage rate levy
millage rate levy represents 1.43%
represents 1.43% under the roll back rate computed pursuant
under the roll back rate computed
to Florida Statute Section 200.065(1).
pursuant to Florida Statute Section
200.065(1).
3. Mayor asks for comments or questions
Mayor Kirk asked for comments or questions from the public, there
from the public,
were none.
SEPTEMBER 22. 1992 - REGULAR MEETING - PAGE 4 OF 34
F. PIIBLIC HEARING FOR THE FINAL BEADING
COUNCILMEMBERS ACTION
VOTE
VES
NO
VUNT
OF THE BUDGET ORDINANCES CONTINUED
4. a. A motion to read by title only,
Councilmember Collins made a motion to read by title only,
Ordinance 649 levying a millage rate
Ordinance No. 649 levying a millage rate for the General Fund
for the General Fund Budget and
Budget and Debt Service; seconded by Councilmembers Collins and
Debt Service - City Attorney
Watford.
(Exhibit 1).
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
Attorney Cook read Ordinance No. 649 by title only as follows:
"AN ORDINANCE LEVYING A MILLAGE RATE 'WHICH RATE IS SET ON ALL
REAL AND PERSONAL PROPERTY, PROVIDING THAT 4.15 PER THOUSAND
C7
DOLLAR VALUATION SHALL NOT BE LEVIED ON HOMESTEAD PROPERTY: THAT
+
4.15 PER THOUSAND DOLLAR VALUATION SHALL BE USED FOR GENERAL CITY
PURPOSES AND .39, PER THOUSAND DOLLAR VALUATION INCLUDING
HOMESTEAD, SHALL BE USED TO PAY PRINCIPAL AND INTEREST ON GENERAL
OBLIGATION BONDS: THAT SAID MILLAGE RATE IS 1.43x LESS THAN THE
ROLL-BACY RATE COMPUTED IN ACCORDANCE 'WITH F.S.200.065(1);
PROVIDING AN EFFECTIVE DATE."
b. Motion to adopt Ordinance 649
Councilmember Entry made a motion to adopt Ordinance No. 649
levying a millage rate for the
levying a millage rate for the General Fund Budget and Debt
General Fund Budget and Debt
Service; seconded by Councilmember Collins.
Service.
IRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
OTION CARRIED.
SEPTEMBER 22. 1992 - REGULAR MEETING - PAGE 5 of.34
F. PUBLIC HEARING FOR THE FINAL READING
COUNCILMEMBERS ACTION
VOTE
VES
OF THE BUDGET ORDINANCES CONTINUED
5. a. A motion to read by title only,
Councilmember Collins made a motion to read by title only,
Ordinance 650 establishing the
Ordinance No. 650 establishing the revenues and expenditures for
revenues and expenditures for the
the General Fund Budget; seconded by Councilmember Entry.
General Fund Budget - City Attorney
(Exhibit 3).
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
Attorney Cook read Ordinance No. 650 by title only as follows:
"AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF
OKEECHOBEE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
1992 AND ENDING SEPTEMBER 30, 1993; WHICH BUDGET SETS FORTH
GENERAL FUND REVENUES OF $2,264,515. AND EXPENDITURES OF
$2,264,515.; PUBLIC FACILITIES IMPROVEMENT FUND REVENUES OF
$742,900. AND EXPENDITURES OF $580,000., LEAVING A FUND BALANCE
OF 162,900.; DEBT SERVICE REVENUES OF 293,772. AND EXPENDITURES
OF 235,147. LEAVING A FUND BALANCE OF $58,625.; LAW ENFORCEMENT
SPECIAL FUND REVENUES OF $2,738. AND NO EXPENDITURES LEAVING A
FUND BALANCE OF $2,738. PROVIDING FOR AN EFFECTIVE DATE."
b. A motion to adopt Ordinance 650
Councilmember Entry made a motion to adopt Ordinance No. 650,
establishing the revenues and
establishing the revenues and expenditures for the General Fund
expenditures for the General Fund
Budget; seconded by Councilmember Collins.
Budgets.
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
SEPTEMBER 22. 1992 - REGULAR MEETING - PAGE 6 of 34
COGNCILMEMBERS ACTION
VOTE
yes
NOF.
PIIBLIC HEARING F08 THE FINAL BEADING
OF THE BUDGET ORDINANCES CONTINUED
6. a. A motion to read by title only,
Councilmember Watford made a motion to read by title only,
Ordinance 651 establishing the
Ordinance No. 651 establishing the revenues and expenditures for
revenues and expenditures for the
the Public Utilities Budget; seconded by Councilmember Walker.
Public Utilities Budget - City
Attorney (Exhibit 31).
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
OTION CARRIED.
Attorney Cook read Ordinance No. 651 by title only as follows:
"AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF
KEECHOBEE, FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1992
AND ENDING SEPTEMBER 30, 1993; WHICH BUDGET SETS FORTH PIIBLIC
TILITIES REVENUES OF $12,214,846. AND EIPENDITURES OF
10,376,744., LEAVING A FUND BALANCE OF $1,838,072., PROVIDING AN
FFECTIVE DATE."
b. A motion to adopt Ordinance 651
ouncilmember Collins made a motion to adopt Ordinance No. 651
establishing the revenues and
establishing the revenues and expenditures for the Public
expenditures for the Public
Jtilities Budget; seconded by Councilmember Entry.
Utilities Budget.
IRK
X
OLLINS
X
NTRY
X
ALKER
X
ATFORD
X
OTION CARRIED.
CLOSE PIIBLIC HEARING
4ayor Kirk closed the public hearing at 7:10 P.M.
SEPTEMBER 22, 1992 - REGULAR MEETING - PAGE 7 of 34
COUNCILMEMBFRS ACTION
VOTE
VES
G. NEW BIISIHESS
1. Proclaim Northwest 9th Avenue
Mayor Kirk read the Proclamation in its entirety as follows:
as Dean Avenue - Mayor Kirk.
"WHEREAS, the Reverend C. Dean served as Pastor of the First
Missionary Baptist Church of Dean's Court; and
WHEREAS, the Reverend J.W. Dean served as Pastor of the First
Missionary Baptist Church of Dean's Court; and
WHEREAS, the members of The First Missionary Baptist Church of
the Dean's Court wish to recognize Reverend C. Dean and Reverend
J.W. Dean's service to their Church and Community; and
WHEREAS, the members of The First Missionary Baptist Church of
Dean's Court respectfully request that Northwest 9th Avenue be
renamed as Dean Avenue; and
WHEREAS, the Dean Family has been a great influence to the people
of this Community and it would be an honor to name this Avenue
after them;
NOW THEREFORE, I James E. Kirk, Mayor of the City of Okeechobee,
do hereby acknowledge that the Reverend C. Dean served as Pastor
of The First Missionary Baptist Church of Dean's Court for 35
years, and the Reverend J.W. Dean served as Pastor of The First
Missionary Baptist Church of Dean's Court for 32 years. In
recognition of their outstanding service to the Community, I do
hereby proclaim Northwest 9th Avenue from State Road 70 North to
the City Limits as DEAN AVENUE in honor of the Reverend C. Dean
and Reverend J.W. Dean."
The proclamation was accepted by Emma Johnson and Pat Grant.
2. Proclaim October 4-10, 1992 as Fire
Mayor Kirk read the Proclamation in its entirety as follows:
Prevention Week - Mayor Kirk.
"WHEREAS, the threat of destructive fire is ever present
throughout the United States as illustrated by over 6,000 people
in the United States dying in fires and over 70,000 are
hospitalized with burn injuries; and
SEPTEMBER 22. 1992 - REGULAR MEETING - PAGE 8 OF 34
CvuNCILMFMHFRS ACTIN
VOTE
YES
NOG.
NEW BDSINESS
2. Proclamation continued:
WHEREAS, working smoke detectors in homes, businesses and schools
i
give early warning of a fire allowing people time to escape and
cutting the risk of a fire death by 50 percent; and
WHEREAS, 80 percent of all homes have. smoke detectors of which
only two—thirds are operable, most often due to dead or missing
batteries; and
WHEREAS, in an effort to heighten public awareness of the need to
maintain smoke detectors in operable condition, the National
Association of State Fire Marshals has instituted a campaign
entitled RIs Yours Working: Smoke Detectors Save Lives„; and
WHEREAS, the National Association of State Fire Marshals, in a
concerted effort to work with states, has donated over 4,000
smoke detectors in Florida; and
WHEREAS, the City of Okeechobee is desirous of joining with the
C�
National Association of State Fire Marshals, RIs Yours Workings
campaign to promote the use, testing, and maintenance of smoke
detectors in our homes, work places and
NOW THEREFORE, BE IT RESOLVED that I, James E. Yirk, Mayor of the
City of Okeechobee, do hereby Proclaim the week of October 4-10,
1992, as "FIRE PREVENTION WEEYR in the City of Okeechobee, and
encourage all citizens to participate in activities that utilize
smoke detectors as a vital component for the preservation of life
and the protection of property from the devastating effects of
fire.
E IT FURTHER RESOLVED that the City of Okeechobee extend special
thanks to the National Association of State Fire Marshals for
heir involvement in the prevention of fires.„
I
Proclamation was accepted by Fire Chief Tomey.
CFDTFMRFR 2? 1QQ2 _ RFMIIAR MEETING - PAGE 9 of 34
COUNCILMEMBERS ACTION
VOTE
vES
NO
Jzsar3.
G. NEW BIISINESS
Hear from Mr. Marvin Wheeler - Mr.
Mr. Marvin Wheeler appeared before the City Council commenting
Marvin Wheeler (Exhibit 5).
on the 92/93 budget line item 519 (General Services) 4604 repairs
and maintenance for $10,000.00 expressing that it could be
lowered and that insurance should take care of major repairs on
the computers.
Mr. Wheeler also requested' that Mayor Kirk have for the public at
the next Council meeting the balance of the debt service fund and
its distribution. Mayor Kirk stated he would have an answer for
Mr. Wheeler at the next meeting.
4. Motion to adopt Resolution 92-13 -
Councilmember Watford made a motion to adopt Resolution No. 92-13
City Attorney (Exhibit 6).
(supporting an economical and safe supply of blood and blood
products); seconded by Councilmember Collins.
Attorney Cook read Resolution No. 92-13 by title only as follows:
"A RESOLUTION ADOPTED BY THE CITY OF OKEECHOBEE, FLORIDA
SUPPORTING THE ESTABLISHMENT OF AN ECONOMICAL AND SAFE SUPPLY OF
`.
BLOOD AND BLOOD PRODUCTS FOR THE CITIZENS OF OKEECHOBEE, FLORIDA;
PROVIDING AN EFFECTIVE DATE."
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
5. a. Motion to read by title only,
Councilmember Watford made a motion to read by title only, and
and set October 20, 1992 as the
set October 20, 1002 as the Public Hearing date, Ordinance 652,
Public Hearing date, Ordinance 652
closing, vacating and abandoning an alley; seconded by
closing, vacating and abandoning an
Councilmember Collins. (New Horizons, Application #39).
alley - City Attorney (Exhibit 7).
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
SEPTEMBER 22, 1992 - REGULAR MEETING - PAGE 10 OF 34
G. NEW BUSINESS
COUNCILMEMBERS ACTION
VOTE
VES
W
5. a. Ordinance No. 652 continued:
Attorney Cook read Ordinance No. 652 by title only as follows:
"AN ORDINANCE CLOSING, VACATING ANDABANDONING THE ALLEY, STREET
OR ALLEYWAY AS RECORDED IN PLAT BOOK 1, PAGE 17, PUBLIC RECORDS,
OKEECHOBEE COUNTY, FLORIDA, DESCRIBED AS THAT ALLEY IN BLOCK 30,
FIRST ADDITION TO SOUTH OKEECHOBEE, AS.IT RUNS IN BETWEEN LOTS 1-
6 AND LOTS 7-12; ALL LOCATED WITHIN THE CITY OF OKEECHOBEE, AND
DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PIIBLIC
RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE
COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE."
b. Motion to approve the first
Councilmember Walker made a motion to approve the first reading
reading of Ordinance 652.
of Ordinance No. 652; seconded by Councilmember Collins.
KIRK
X
COLLINS
X
�.,
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
6. Motion to award a street paving
Councilmember Entry made a motion to award a street paving
contract to Better Roads in the
contract to Better Roads in the amount of two hundred seventy—six
amount of $276,934.29 — Director
thousand nine hundred thirty—four dollars, twenty nine cents
of Public Works (Exhibit 8).
($276,934.29); seconded by Councilmember Collins.
The Council asked Director Elders various questions, he commented
that the City has done business with this company before and he
felt comfortable with them. Southwest loth Avenue (from 6th to
7th Street, one block) was left out of the bid and will be added
on at the end as a change order.
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
UPTFMRFR ,22. 1992 - REGULAR MEETING - PAGE 11 OF 34
COUNCILMFMBFRS ACTION
VOTE
yES
W
G. NEW BUSINESS
7. Motion to award the purchase of a
Councilmember Watford made a motion to award the purchase of a
backhoe to Smith Brothers Contracting
backhoe to Smith Brothers Contracting Equipment, Inc. in the
Equipment, Inc. in the amount of
amount of fifty-three thousand five hundred ninety-five dollars
$53,595.00 - Director of Public
($53,595.00); seconded by Councilmember Collins.
Works (Exhibit 10).
Following discussion vote is as follows:
KIRK
X
COLLINS
X
ENTRY
X
WALKER
XX
WATFORD
MOTION CARRIED.
8. Motion to award a contract to G.E.
Councilmember Watford made a motion to award a contract to
French Construction, Inc. to relocate
relocate a water line in the intersection of 441 and 70 to G.E.
a water line i n the intersection of
French Construction in the amount of seventy-seven thousand
441 and 70 in the amount of $77,935.
nine hundred thirty-five dollars ($77,935.00); seconded by
- Director of Public Utilities
Councilmember Entry.
(Exhibit 10).
Following brief discussion of Council and staff and upon the
recommendation of Public Utilities Director Loftin, vote was as
follows:
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
+ 9. Consider granting permission to
Following brief discussion, Councilmember Watford made a motion
erect a fence in an alley by Shawn
to allow Shaun McGushion use of an alley in Block 33 (First
McGushion- City Administrator
Addition to South Okeechobee) to erect a fence; seconded by
(Exhibit 11).
Councilmember Entry.
SEPTEMBER 22. 1992 - REGULAR MEETING - PAGE 12 OF 34
C0(1NCILMEMBERS ACTIN
VOTE
KW
yES
NU
G. NEW BIISIHESS
9. Use of alley continued:
(Permission for use of this alley or any alley is provided by a
letter of agreement stipulating certain requirements of the City
and is signed by officers of the City and the requestee when
approved by action of the City Council)
Vote on motion to approve use of alley agreement:
I
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
Recess:
Mayor Kirk called for a recess at 7:42 P.M. and reconvened the
®
meeting at 7:52 P.M.
10. Discuss City Administration —
Councilmember Collins made a motion to remove from the table the
Mayor Kirk.
discussion of City Administrator; seconded by Councilmember
Entry.
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
WATFORD
X
MOTION CARRIED.
Mayor Kirk gave the floor to Administrator Drago to answer the
seven charges for dismissal with cause that were brought against
him at the September 14, 1992 City Council meeting.
SEPTEMBER 22. 1992 - REGULAR MEETING - PAGE 13 OF 34
G. NEW BUSINESS
(.OUNCILMEMBERS ACTION
VOTE
YES
NO
Fe
10. City Administrator continued:
Administrator Drago proceeded by first commenting that he wished
to take this opportunity to address the items in order and to be
as brief as possible; and that when the Council hears everything
that is presented Council will determine the decisions made were
in the best interest of the City, nobody from the City gained;
and that City staff does make mistakes because if you do your job
you are going to make mistakes, if you do not do your job you are
not going to make mistakes.
LETTER TO ENGINEER:
He then asked Engineer Bill Reese to come up to the podium to
discuss the letter written by him to Engineer Reese in regard to
trying to get a meeting with the South Florida Water Management
District (SFWMD).
Engineer Reese explained to Council the difficulties encountered
by City staff in setting a meeting with SFWMD, concerning a draft
agreement between the County and SFWMD wherein grant funds were
contemplated to be given to the County whereupon a number of
those dollars could go toward a combined effort with the County
and Okeechobee Beach Water Association (OBWA) to form, and to
build a water plant, possibly. The agreement draft made it
appear, Engineer Reese felt, grant monies were going to go for a
private entity to take an existing customer (OBWA) away from the
City, possibly.
Therefore, upon the recommendation of Engineer Reese,
Administrator Drago put his thoughts on the matter in writing by
letter to Engineer Reese so that he could carry them to SFWMD,
saying to them the City is on this thing, we really do need to
meet. This is what was done and we subsequently had the meeting.
In answer to Administrator Drago`s questions, Engineer Reese
further indicated that he was not insulted by the letter to him
under the circumstances because it resulted in the meeting being
held. The rest of the issues were not resolved but the meeting
was held and that was the purpose of the letter.
SEPTEMBER 22, 1992 - REGULAR MEETING - PAGE 14 OF 34
G.
COUNCILMEMBERS ACTION
VOTE
YES
W
KW
NEW BUSINESS
10. City Administrator continued:
LETTER TO ENGINEER CONTINUED:
Council and staff discussed this item at some length relative to
conversations with Councilmember Walker concerning the letter and
Councilmember Collins concerns that grant funds were going to be
used by way of the County to OBWA resulting in competition of a
I
private entity with City Government. Councilmember Collins
stated he knew about the letter, after the fact, but if he had
known about it before the fact, it did not matter because he felt
the City deserved a meeting with SFWMD and the letter got the
meeting.
PURCHASING:
On the neat item Mayor Kirk continued to yield the floor to
Administrator Drago.
Administrator Drago then responded with the item of purchasing
concerning a written quote dated 4/24/92 and the purchase order
being dated 4/15/92 and asked Program Coordinator Jim Threewits
to the podium.
Mr. Threewits distributed copies of a letter from Jeannette's
Interiors to Council and staff. He explained the letter will
clear up any misinterpretations hopefully.
Mayor Kirk asked for questions on the letter. Councilmember
Watford explained the letter states "could very well have been,"
it does not state it exactly was (on the date stated).
Mr. Threewits stated he was standing before the Council to tell
you that it was. Further stating had this been done after the
fact he would probably not have stuck that quote in there, being
it was dated like that.
After discussion with Council on the matter Mr. Threewits
explained a lot of times purchases are done by securing it first
number —wise then going back and doing the paperwork afterwards.
UPTNUR 22. 1992 - REGULAR MEETING - PAGE 15 OF 34
COUNCILMEMBERS ACTION
VOTE
VES
NO
G. NEW BUSINESS
10. City Administrator continued:
PURCHASING CONTINUED:
Councilmember Collins commented this does not make the practice
right or wrong, what I am trying to find out, isn't it what is
almost a common practice in the City?
I
Mr. Threewits stated it does occur, but this one here was not.
The prices were gotten prior to the purchase order being assigned
to it. That is what I hope the letter will clear up.
After further discussion Mayor Kirk cautioned Council about
whatever questions asked to each other or to anyone else, be
careful, be sure that we do not try to shift things. Do not say
somebody else did something wrong, so this makes something else
okay. He further indicated he understood Councilmember Collins
point let's make sure that we do not bring other employees into
this and say so—and—so did something wrong. He cautioned again
i-
saying, keep it general and do not use names.
Councilmember Watford asked Mr. Threewits to explain how this
particular purchase was made? Who actually found that particular
tile?
Mr. Threewits explained this tile was found through Administrator
Drago. He found some tile at a good price. We have been looking
at alternatives. We have concerns of areas that need some
maintenance done. From there I proceeded with getting quotes to
justify the purchase.
Other discussion on this item included comments from
Councilmember Watford relative to Department Heads not being
aware they were getting this tile and Mr. Threewits indicated
that was the case with one. Mr. Threewits stated he wanted to be
sure Council realized this letter does substantiate the price was
gotten prior to the award of the contract. Council felt the
letter itself did not necessarily verify this scenario but
accepted Mr. Threewits explanation of the tile quote for
clarification.
CFPTPMPFP 79 1QQ? _ PFP11 AP MFFTTNf _ PAU 16 OF 34
COUNCILMFMBERS ACTION
VOTE
YES
W
KTNF
G. NEW BUSINESS
10. City Administrator continued:
BMA ENGINEERING INVOICES:
The next item brought by Administrator Drago concerned "Blue
Heron" engineering work in the Southeast Section of the City.
Engineer Reese explained in lengthy .detail a meeting on the
water distribution plat. 'that ::as held with himself, Public
Utilities Director Loftin, Bobby Birts and Administrator Drago.
Items mentioned here were water lines new and replacements,
cleaning, locations, and how the grant was a 50/50 arrangement.
In that meeting it was stated that at some time in the future
Blue Heron Golf and Country Club development may become a City
customer and that point was discussed as to what plans to make if
that materializes. Engineer Reese further explained there had
been some very preliminary survey work done down in the Southeast
Section of the City. We (Reese, Macon and Associates [RMA D have
sent a letter to the City stating we are at a point where we need
a decision. Whether or not we are going to up —size the line to
include Blue Heron Golf and Country Club or not. At this point
RMA is waiting on direction from the City on that.
Administrator Drago asked Engineer Reese is it unusual for an
owner, the City, to ask for other additional lines to be included
in a master plan if we find that there are pockets that need to
be addressed?
Engineer Reese with explanation stated that it was not unusual.
It happens. When you move from a conceptual stage to a detailed
stage specifics come up that were not contemplated in the master
plan. Again the master plan was a hydraulic model it did not
deal with detailed knowledge of what somebody might know about,
osculated pockets in the system. It happens. Does not happen
every time but it does happen from time to time. From time to
time a line does get deleted and then gets added, it does
happen.
G.
r.FPTFMRFP 2? 14Q? — RFr.111AR MFFTTNr. — PAGE 17 OF 34
COUNCILMEMBBRS ACTION
VOTE
YES
VLSENT
NEW BUSINESS
-NO
10. City Administrator continued:
BMA ENGINEERING INVOICES CONTINUED:
Councilmember Walker questioned Engineer Reese about RMA #92-109
whether it directly relates to a corresponding number that you
bill the City under which is the master plan number, our contract
number? With explanation Engineer Reese stated no that #92-109
is for things that have not been given some other authorization
and does not come under the master plan contract the City has
with RMA.
Further questions ensued concerning costs incurred on the
preliminary work. The dollar amount on one invoice for "Blue
Heron" is $434.46. Councilmember Walker asked again if this
expense was a part of the master plan contract and it was
explained that no it is not. They are all individual separate
items not covered under the master plan contract.
Discussion involving Engineer Reese, staff and Council concerning
invoices over and above the approved master plan contract
continued including invoices in amounts of $3,000.00, $2,900.00
and $4,718.65 as presented by Councilmember Walker and they were
confirmed accurate by Engineer Reese as being review plans for a
trailer park, the telemetry system and 441 and 70 engineering
work.
Engineer Reese was asked if he had also submitted an invoice for
over $10,000.00 and it was given back to him to break down into
mounts that were less than that? Engineer Reese explained the
invoice was for a "10 amount" and yes, he was asked. It was
Alit to put the stuff that related to payment from the bond
proceeds as a separate invoice. There was a request to itemize
he rest of the them.
ouncilmember Watford asked if RMA would be more comfortable and
wouldn't it be better for the City for these types of engineering
services with an engineer without going through the Consultants
ompetitive Negotiations Act, that we should at least have a
ontinuing services contract with either your firm or some firm
ather than "here, do this or that engineering"?
CCDTCMDrD 00 9(]117 ncrm nn W717TT.1f` nnrrr 9n nr nn
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I Ll IV LIB LL I.J .JL - 1\LUULlIr% 1'ILL 1 111U - FMOL four J`f
COUNCILMEMBfRS ACTION
VOTE
YES
10. City Administrator continued:
BMA ENGINEERING INVOICES CONTINUED:
Engineer Reese stated with explanation he only became
uncomfortable if he does work and a month goes by and somebody
says I am not going to be paid for that work. He has worked both
ways, service contract, with some. Others, none. RMA's rates do
not bounce around. Everything I have been asked to do I hope we
have done well and we have been paid for it.
Mayor Kirk asked if anyone else had any input on this subject.
Councilmember Collins referred to "Blue Heron" and asked Mr. Jim
Baughman, had we ever done any work for him or had he asked us
to? With much explanation Mr. Baughman stated in answer to the
question, "NO".
Mayor Kirk stated he did not think anything was said last meeting
that would draw harm to Blue Heron. The motion indicates that we
paid for engineering services to accept Blue Heron or to have
Blue Heron come on to our water system, that is no way a
reflection on your organization whatsoever Mr. Baughman stated he
wanted the public record to reflect that we (Blue Heron
development) did not request that (engineering). Mayor Kirk
explained neither did we accuse you of that sir, we did not.
Further stating let me point out something here so we will
understand the process that we are going by here. In Councilman
Watford's motion last week, he listed several items. I felt like
the Administrator should have an opportunity to answer those
things and that's what I am attempting to do here, but if we are
going to go off in directions right, left and up and down we will
be sitting here in the morning and still not have this done so
let's, as much as possible, stick to the facts. There was a
motion and it was very precise. The items were mentioned, I
think the Administrator should have an opportunity to explain
those and the Council to ask him questions about those but if we
do not keep it in that line we are going to turn this into a
public hearing type meeting. That is not what it is and I do not
want it to head in that direction so let's please stick to the
issue, you know what the motion was and let's deal with the facts
as presented to us by Councilman Watford at the last meeting.
Now I will yield the floor to you.
G.
UPTFMRFR 77. 1992 - REGULAR MEETING - PAGE 19 OF 34
COUNCILMEMBERS ACTION
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NEW BUSINESS
10. City Administrator continued:
BMA ENGINEERING INVOICES CONTINUED:
Councilmember Walker commented, all I wanted to say was that by
reading this I never even had an idea that he was doing any work
for you Jim.what he was talking about when you read this, all he
is saying, is that he is doing that for future growth and you are
a future growth, I hope. And he also mentioned Rocky's Trailer
Park he mentioned other things, US 441/70 project, all of them,
so I never was under the assumption that this was done for you.
I wanted you to understand that entirely, now where that might
have come from I do not know but I never saw it that way at all.
Mayor Kirk, thank you. Then asked Administrator Drago, have you
answered the things that you want to answer or do you have more?
Administrator Drago stated, I just have one more question for
Engineer Reese. On that large bill that you were asked to break
out, part of it was the bonds that gets paid for, not by the City
but by the bond company, but also part of the invoice that you
were asked to break out, was the review work you were doing on a
specific mobile home park in the County that we have been having
some problems with and the owner of the park was instructed that
he was to pay for your engineering review services prior to the
City moving forward with any approval of the plans so, therefore,
you were asked to break those services out so we could bill the
owner, is that not right?
Engineer Reese answered that is true, you are right.
L.P. SANITATION SUMMARY SHEET:
The next item was discussion by Council and staff as to whether
or not Administrator Drago had the summary sheet attached to his
copy on file of the L.P. Sanitation Contract. Administrator
Drago stated that he did not ever have the summary sheet and by
memo explained he did not place any significance to the summary
sheet being relative to the Contract. Further stating he
received no personal gain by saying he either knew the summary
sheet existed or he did not know the summary sheet existed.
CCDTCMRCD 7) 10()7 nCriu nn KArrrrhIrr nnrr nn nr nn
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L4VLlll\ -ILL 111V - I MUL- LV v1 J'Y
COUNCILMEMBERS ACTION
VOTE
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10. City Administrator continued:
L.P. SANITATION SUMMARY SHEET CONTINUED:
Referring to the memo distributed to the Council, Councilmember
Watford asked Administrator Drago, is it your comment by this
memo, at the time we discussed this issue at the City Council
meeting, you did not know at that time that the "summary sheet"
existed? Administrator Drago responded by stating, he could not
recall if he knew if the summary sheet existed at the time it was
being discussed or after.
Councilmember Collins explained that the times he asked for and
received a copy of the L.P. Contract that was all he got. A copy
of the contract with no summary sheet attached. Councilmember
�2
Collins referred to the Clerk stating that at the last minute you
found it out somewhere out in your files?
Clerk Thomas stated to Council the fact that the summary sheet
was attached to the original contract in the Clerk's Office.
Also, I went out to the records storage room, after the
controversy started, to see if it in fact was with the agenda
packet material as it was distributed to the Council (for the
July 7, 1987 Council meeting) to verify and double check and (a
copy of the summary sheet attached to a copy of the contract), it
as there, the same as it was in my office, only my office file
contains the original contract.
Councilmember Collins asked the question when this was discussed
t length when it was time to discuss the contract, why wasn't
anybody ever told about a summary sheet existing?
Attorney Cook also verified that after at least two meetings with
discussion on the Contract when the Clerk produced the summary
sheet he recalled seeing it before and looking through his office
records he found he had a copy of the contract with the summary
sheet attached prior to the first meeting. Further stating he
ad it all along but had forgotten it too. Also if he had
emembered it he would have brought it up.
ouncilmember Collins asked where did the summary sheet come
rom?
G.
UPTFMRFR 22 1992 - RFGIIIAR MEETING - PAGE 21 OF 34
COUNCILMEMBERS ACTION
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NEW BDSINESS
10. City Administrator continued:
L.P. SANITATION SUMMARY SHEET CONTINUED:
Councilmember Watford reiterated the point he was making that the
Administrator had a copy of the summary sheet too. It was in his
office and the Mayor can verify that. Further stating it was
there, the Administrator knew it and Councilmember Watford agreed
with Councilmember Collins that Council should have known about
the summary sheet too.
After further discussion by Councilmember Collins, Mayor Kirk and
Councilmember Watford, Administrator Drago commented that
Councilmember Watford said at the last meeting he did not accuse
him of doing the summary sheet, (Councilmember Watford
interjected, "of writing it, no sir I cannot prove that"), all he
said was I was aware of it and my memo admits that I was aware of
it. I cannot recall when. Now if Bonnie Thomas, does have the
original contract, that is fine, evidently the contract I have in
my file is not the original.
Clerk Thomas stated that is right. Administrator Drago continued
by commenting that whoever gave him the copy, and I am not
accusing Bonnie but that summary sheet could have been not put
with the copy of the contract when it was given to me, I do not
know.
Councilmember Watford asked the Mayor if the (contract) copy in
his (Administrator's) office had that (summary sheet)? Mayor
Kirk responded by saying the answer is yes. And I said that last
week.
LEASE OPTION PURCHASE PLAN:
Discussion on this issue continued and then the neat issue
concerning a Lease Option Purchase Plan (LOPP) for city vehicles
(Police Packages).
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COUNCILMfMBFRS ACTIONS
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k&ENT
10. City Administrator continued:
LEASE OPTION PURCHASE PLAN:
Administrator Drago distributed a letter to Council, Attorney and
Clerk which they read. Councilmember Watford with explanation of
a visit to the Administrator's office last Friday when he asked
the Administrator if he could see the.file on the LOPP, whereby
the Administrator asked his secretary to bring out a copy of the
letter that was sent out and Councilmember Watford was told by
the Administrator that there was only one page in that file and
that is all there was, correct?
Administrator Drago answered that is what I said.
Councilmember Watford asked that is what you said? Administrator
Drago answered yes. Councilmember Watford then asked, is that in
.-
fact the truth? Administrator Drago commented that is the only
thing that I have, we did receive some survey sheets in.
Councilmember Watford questioned, survey sheets? Administrator
Drago explained, survey sheets, maybe from five or six cities and
when the Mayor told me to stop doing what I was doing I assumed
there was no interest so I discarded them.
Councilmember Watford stated to Mayor Kirk, I would like to
request at this time that, I believe there is a thicker file than
what is indicated, and I would like to request that we ask the
Administrator to go, step next door to his office and I would
like that someone from the City staff, Police Chief or someone go
with him and ask him to bring those documents to this meeting.
If we are going to have witnesses and stuff come up here surely
we can see the documents involved here. Attorney Cook stated
that is permissible. Mayor Kirk, what are we going to do go now
into his office?
Councilmember Watford explained, no I want him to go in and bring
the file out here. I want someone to go with him preferably the
Police Chief or whoever you want to appoint to go with him to his
office and ask him to bring all those survey sheets and the other
items of correspondence he received back from those cities and
the correspondence he wrote to them requesting certain items and
bring them here so we may look at them.
SFPTFMBFR 22. 1992 - REGULAR MEETING - PAGE 23 OF 34
-
COUNCILMEMBERS ACTION
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VES
W
KTNF
G. NEW BUSINESS
10. City Administrator continued:
LEASE OPTION PURCHASE PLAN CONTINUED:
Mayor Kirk commented didn't he just say he threw them away?
Administrator Drago answered, that is what I said. Councilmember
Watford asked, you threw them away? Is that permissible to do
that? Is it public record? When did y.ou throw them away, it was
not Friday?
Administrator Drago responded, I do not recall. No it was not
Friday. The Mayor said I do not think it is a good idea that you
do that anymore and I explained to him what the program was
about. I saw no interest in it. That was it.
Councilmember Watford stated, Mayor Kirk, I do not know about the
rest of you but I find that hard to believe that these documents
where thrown away. When I walked into his office I know that
file was there. Friday that file was there. I know that if it
a:
has been destroyed it was destroyed after Friday. I believe Mr.
Mayor and I do not want to quote you either so correct me if I am
wrong and I believe when I brought this issue up last time you
said you discussed this with the Administrator and it was
basically, and if I can use his term here, it was a survey or
something to that effect. Mayor Kirk answered, something to that
effect.
Councilmember Watford continued, unfortunately I do not have all
my documents here but I had faxed to me today a copy of a letter
from the City of Okeechobee signed by John Drago to Lt. John
Grines of the Police Department, City of Parkland. "The
following information is needed in order to get credit approval
for your City." Now that does not sound like a survey to me but
I guess maybe it is, "copy of the city's last three financial
audits, copy of either approved or proposed 92/93 budget, general
information about your city. Once the information is received
and I obtain credit approval I will contact you" Credit
approval? Credit approval?
WPTFMRFP 22 14Q? _ OPM11 AO MFFTTNr DArP 9n nr Jn
G. NEW BUSINESS
COUNCILMEMBERS ACTION
VOTE
S
AV
k&W
10. City Administrator continued:
LEASE OPTION PURCHASE PLAN CONTINUED:
Councilmember Watford continued, here is a letter from the City
of Oakland Park addressed to Mr. John Drago referring to the
letter dated July the 28th on credit approval. This is from the
Finance Director of Parkland, it says. "enclosed herein are the
documents requested, copy of the audited financial statements,
copy of annual finance report fiscal year 89-90 and 90-91
proposed budget for 92-93. So this is just from one city. I
know that there are other cities and I am trying to obtain those
at this time. But I would just like to say that this was more
than just a survey. And that file existed, that file was in City
Hall on Friday.
Administrator Drago explained that during the time that we were
,--�
doing the survey work, we did collect some financial data from
some cities specifically Parkland that financial information was
sent to Mr. Zavara. He has done nothing with it. The reason why
it was sent, because they showed an interest in the program and
the first step in the program was to get credit approval from a
financial institution.
Once that was obtained then the financial institution would enter
into a contract with the City, not this City, but Parkland, I
will use Parkland as an example, in order to lease the police
cars. The financial institution would also enter into a contract
with the City of Okeechobee to provide some specific services in
relationship to the lease program. That is the only reason why
that information was gotten, to my knowledge it was never
forwarded to the financial institution for credit approval and it
is probably still sitting in Mr. Zavara's office.
Councilmember Watford asked why was it forwarded to Mr. Zavara?
Administrator Drago commented because he is the one who knows
three or four financial institutions and how they deal with
leasing programs. He understands interest rates and he
understands the other mechanisms, the legal part of it and for
instance Parkland, I will use that as an example, Parkland would
pay for Mr. Zavara's legal service not the City of Okeechobee.
SEPTEMBER 22. 1992 - REGULAR MEETING - PAGE 25 OF 34
G. NEW BUSINESS
COUNCILMEMBERS ACTION
VOTE
YES
M)
10. City Administrator continued:
LEASE OPTION PURCHASE PLAN CONTINUED:
Councilmember Watford continued, and you are denying that that
file existed on Friday? That there was not a file in City Hall?
With all this information in it on Friday? Administrator Drago
answered yes. He denied the file existed on Friday and further
stated, now Parkland was one City, I forget who the others are.
There were not that many, maybe two or more. Councilmember
Watford asked again, you threw all of them away? Administrator
Drago responded, they were just one page survey's. Councilmember
Watford replied, "NO". Administrator Drago explained, not that
stuff, that stuff Zavara has, I do not have any of that. When it
came in I sent it to him. Councilmember Watford asked once
again, there was nothing else in the City, in your office?
Administrator Drago responded, when the Mayor told me to stop, I
stopped.
Mayor Kirk then asked, number one, I would like to know why you
started this in the beginning? Administrator Drago explained in
answer to the question, as the letter states as Mr. Zavara wrote,
back in 1989 when I had been talking about leasing police cars on
a larger scale he was somewhat impressed on the program that we
did here in the City and have been doing.
And in my meetings with the Florida City Manager's Associations,
and going to the Florida League of Cities, a lot of the people
would come up and ask me about how our police cars are, they see
once a year that its advertised in the paper, so we started
generating some interest as far as possibly providing this
service to other cities because we kind of knew what was going
on. So, Mr. Zavara made a recommendation because I had also
talked to him recently that the City was in some sort of budget
crunches and he thought this would be a good way to generate some
additional revenues for the general fund. So, he made a
recommendation to send out survey's just to see what other cities
would be interested in leasing vehicles.
F';
SEPTEMBER 22. 1992 - REGULAR MEETING - PAGE 26 OF 34
G. NEW BUSINESS
COUNCILMEMBERS ACTION
VOTE
VES
10. City Administrator continued:
LEASE OPTION PURCHASE PLAN CONTINUED:
And like I said we got maybe five or six in, but I did receive
some telephone calls and I did some talking on the phone a lot of
cities said well thanks a lot for the information, or well I will
think about it or well I may put it in my budget, you know those
kinds of things. Now we had been working on one entity.
i
i
Mayor Kirk interjected, I think you are giving me a lot more
information than I need. What I want to know is why, what was
your purpose? Administrator Drago commented, the purpose of it
was to develop another revenue source for the City's general fund
so that the Council did not have to raise property taxes in order
to gain revenue. That was the purpose of it.
Mayor Kirk then stated, the answer to my first question, you are
saying that we are going to make money off of this?
Administrator Drago, right. Mayor Kirk, I will accept that on
face value. Question number two, when I asked you to stop, did
you stop? Administrator Drago, I did stop.
Councilmember Watford commented, I guess I am a little curious
here, why didn't you tell me Friday that you threw this file
away? Administrator Drago, answered you did not ask.
Councilmember Watford stated, I asked to see the file.
Administrator Drago interjected, you asked to see the file.
Councilmember Watford then interjected, and what did you say?
You did not say one did not exist. You did not say you threw it
away. You said there is only one sheet in it. Administrator
Drago responded, that is right, I did not lie.
Councilmember Watford, stated, you did not lie? The file was
there. Why didn't you tell me? Why didn't you tell me that you
threw it away? Cause you did not think about it soon enough that
is why. Administrator Drago responded, no because I know the
kind of questions you ask me; and I answered the question you
asked.
SFPTFMRFR 22. 1992 - REGULAR MEETING - PAGE 27 OF 34
COUNCILMFMBFRS ACTION
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G. NEW BUSINESS
10. City Administrator continued:
LEASE OPTION PURCHASE PLAN CONTINUED:
Councilmember Collins commented, I just want to read one
paragraph out of the letter. "The goals of the police car
leasing concept are one, to raise money for the general fund
without raising taxes, without raising pledged current revenue
sources and without City liability and to cooperate with other
local governments in obtaining the most competitive purchase
price and financial terms."
Councilmember Collins continued, I was not, when this program
first started, privy to this information, even though I was
later, like I assume everybody was up here. But it is just like
our police cars I think everybody especially the police
department, anytime you can save money you have made money. Now
is that right or not? Anytime you save money on any thing you do
you have made money. Because you would have to have a certain
amount of services. So I understand the letter, I have no
problem with that, if the letter is correct and I do not see why
Bill Zavara would have any reason to lie to us.
Councilmember Watford commented, I find the timing of the letter
very interesting. Mayor Kirk stated, I did not even look at the
date. Councilmember Watford explained, it is dated today.
Administrator Drago stated while the public is here, during the
course of us looking into the program, Mr. Zavara came upon one
agency that was looking for a large number of cars to lease. Him
and I just ran some numbers to see what kind of revenue it would
have generated for the City, if in fact the City could have given
a proposal to the agency along with some of the other financial
institutions that were going to submit and if in fact the City
could have given a proposal to this one agency the City could
have realized approximately $100, 000.00 a year just from that one
deal. And I have not pursued it.
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COUNCILMEM$ERS ACTION
VOTE
YES
NO
10. City Administrator continued:
LEASE OPTION PURCHASE PLAN CONTINUED:
Mayor Kirk stated, before we go on to another item let me make a
comment here. And I hope I do not offend anyone but there are
several People raising their hands in the audience. I do not
think it would be wise for me to yield this floor to the audience
because if I do we will be here all night. I do not think it is
going to accomplish anything. I think this is business for the
City Council, you have got every right to sit here and hear every
word we say. You know our telephone number, you know where we
live if you do not like what we are doing tell us. But, this is
not a public hearing and I think it needs to stay up here with
us, we are the people who have the information, some more than
others but we will deal with it as best we can. So, with that we
will proceed.
�2
SUSPENSION OF DEPARTMENT HEAD:
Administrator Drago stated that, on the neat item, I know the
question of whether I have the authority to take the measure is
a legal matter. If Mr. Cook does not feel that I do have this
authority I will take immediate steps to reinstate Mr. Loftin's
pay and request direction from Council as to what other
appropriate action they would like me to take, if any.
Mayor Kirk responded to each of the charges brought against
Administrator Drago, stating, first I would like to say that for
myself and for the Department Heads in the City, I think the
timing on this was very, very poor. The motion addressed seven
items as follows:
# Failure to provide positive leadership. I am not even going
to attempt to address that because I think that would be too
broadly defined.
CFPTFMRFR 22. 1992 - REGULAR MEETING - PAGE 29 OF 34
COUNCILMEMBERS ACTION
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kSENT
G. NEW BUSINESS
10. City Administrator continued:
# Failure to communicate effectively with Department Heads.
That is addressed in your letter that I gave to you before
the meeting started last week and I urge you to please read
that letter with understanding I.spent four hours with the
Department Heads and 'with the Administrator and I think we
are headed in a good direction.
# The unprofessional behavior in dealing with the consultant.
I think that Administrator Drago most definitely did not
choose words that I would have chosen, that was an
unprofessional letter. I know that Mr. Reese requested the
letter but I think you could have done better word -wise.
* On the thing dealing with the Department Head. I think as
Mayor I need to address this because I have talked with this
Department Head. I think that based on the opinion given to
me by the Attorney, I do not think the City Administrator
J�
legally had the right to suspend the Department Head. I
a.
felt like, based on the evidence as it was being presented
that I would have taken similar action and I do have the
authority to do that. I appreciate the Department Heads
putting up with my telephone calls this week and being
courteous and giving me answers that I will accept at face
value until something shows otherwise.
Councilmember Watford asked Attorney Cook to give a legal
determination on cause.
Attorney Cook answered that, after researching the employee
handbook and various other manuals his legal opinion was that
based on the accusations that were made the Council would have
legal cause which would justify a 3 to 2 vote.
Councilmember Watford restated the charges he brought against
Administrator Drago explaining each charge with the evidence to
prove the charges correct:
SEPTEMBER 22, 1992 - REGULAR MEETING - PAGE 30 OF 34
G. NEW BUSINESS
COUNCILMEMBERS ACTION
VOTE
YES
NO
10. City Administrator continued:
* The letter to the engineer. Contends that number one,
Administrator Drago knew that letter would go further than
just the engineer. That he knew it would go on to SFWMD.
Second point is, the intent of the letter tends to degrade
I
the engineer. The intent of the letter was to get SFWMD to
meet with us not to down -grade the engineer or criticize the
engineer according to Engineer Reese. And as far as
whether the engineer was insulted by the letter, I could
care less. I do not think that's the point here.
The matter of purchasing. Using Mr. Threewits words that
was a good way to "justify" that purchase. And I think that
is a wonderful choice of words, justify purchasing that tile
V. 2
from the company down South.
a`
# And also on the matter of purchasing. One good thing that
we do around City Hall or the Administration does is really
shares the blame. It really places the blame.
Unfortunately in my opinion, the City Administrator, that is
his position, he should accept the buck stops there, in my
opinion as far as spending goes.
# We have also spent approximately $12,353.00 in "repairs to
City Hall" and in my opinion a lot of that was remodeling.
To give you a little history lesson, we all recall several
years ago when we remodeled City Hall there was a big
controversy about the Council did not approve it. Because
no bids were received the Council had to go back retro-
actively and approve the remodeling project. And we were
kind of assured that would never happen again.
I think you all received copies of as close as I can
calculate, we have spent approximately $19,803.00 renovating
an office at the Water Treatment Plant and to the best of my
knowledge that project was not bid either and I think that
merits some type of investigation.
SEPTEMBER 22, 1992 - REGULAR MEETING - PAGE 31 OF 34
�OUNCILMEMBERS ACTION
VOTE
YES
NO
F�
G. NEW BUSINESS
10. City Administrator continued:
# I regret any reference made to Blue Heron. And I hope that
the owners and developers will understand that it was in no
way a reflection on their property or their development.
Unfortunately in the public records of the City of
Okeechobee that is the way that project is on the invoices
and I was only quoting from those invoices I was in no way
trying to take away from that project.
* The point I am trying to make here is that we are spending
a lot of money for things that we as a Council do not know
about and I think most of us would have to admit that we did
not know that we were spending any engineering fees for some
of these projects and I think those are things that we
should be kept informed of.
# I think we have adequately been told that the suspension was
not in fact legal. I think we have put a lot of importance
on what the Department Heads think and I have a great deal
of respect for our Department Heads. But that's not the
issue here. The issue is not if the Department Heads are
happy or if they are satisfied.
# I will state categorically that Administrator Drago knew of
the summary sheet on the L.P. Sanitation contract and he did
all in his power to hide that. My point is he was not
truthful with this Council by admitting that he did know of
that summary sheet. And he stated that it was not in his
office. It was in fact in his office.
# The lease option purchase plan for the cars there is no
doubt in my mind that we should have known about that and I
+
think if you are honest with yourself you will agree that
when we are talking about that magnitude of a project, this
Council should have been aware of that from day one. I
think it is extremely, extremely convenient that that file
was thrown away.
SEPTEMBER 22. 1992 - REGULAR MEETING - PAGE 32 OF 34
VOTE
G. NEW BUSINESS
COUNCILMEMBERS ACTION
YES
W
10. City Administrator continued:
In closing Councilmember Watford stated, I think if this Council,
if you really think back to all the things that have happened you
will, in your heart, know that you were not told the truth
either. And I just hope and pray that is the conclusion you come
to for the sake of this City. I hope and pray that's the
conclusion you come to.
Mayor Kirk called for the vote on the motion to dismiss
Administrator Drago with cause.
Kirk
X
Collins
X
Entry
X
Walker
X
Watford
X
Motion Denied.
Councilmember Watford made a motion that we seal the
Administrators office and conduct a full audit of all purchasing
and contracts issued by the Cit • seconded by Councilman Walker.
J Z
t
Councilman Watford further explained in support for the motion if
we do not seal the office more things are going to disappear I
promise you.
Lengthy discussion was held among Council concerning the type of
audit that would be done, who would do it and what was discovered
the last time this administrator's office was sealed and audited.
Imayor Kirk stated for the record, I have said this to the City
Administrator. I do not know if I said it in these exact words
or not but I am going to go ahead and say it and get it on
record. Part of the problems we talked about in our meeting of
which you have got a letter were problems that he needs to
orrect. I am not going to go into those because you do have the
letter and it is public record. But, he needs to understand that
I am going to be watching very closely and if we do not move in
these directions, and maybe I should not say just him, I should
say the other people in the room also. That meaning the
epartment Heads, if we do not move in that positive direction
then the person that is holding that process up, be it the
dministrator or whomever I would be very much in favor of
SEPTEMBER 22, 1992 - REGULAR MEETING - PAGE 33 OF 34
VOTE
G. NEW BUSINESS
COUNCILMEMSFRS ACTION
VES
NO
KW
10. City Administrator continued:
Until we stop this back stabbing that has been going on at City
Hall, this talking over the fence, in the back yard, we are never
going to progress and do the things we should do. And I still
think that this is a nice place to be and hopefully there are
some things coming up that we will be able to make some progress
on. But this is my warning for all seven of the people in that
meeting. You are going to be held accountable. And if you do
not think so you do not know me too well. I am leaving here
John, with some shaken feelings about you and I think I have
expressed those to you already. And what I have outlined I
certainly hope you will follow because if you do not if I am
still up here you are going to have a problem cause then there
will be three people trying to remove you.
Vote on motion to seal administrator's office and conduct an
audit is as follows:
Kirk
X
Collins
X
Entry
X
Walker
Watford
X
X
`
Motion Denied.
Councilmember Watford made a motion that the City -Administrator
be instructed to not to destroy any items of public record. To
work through the City Clerk's office who is our custodian of
records and make sure the records can be destroyed properly
before they are destroyed; seconded by Councilman Walker.
Mayor Kirk stated that any correspondence that comes into
Administrator Drago's office better not be destroyed because we
may want to see a copy of it and I think we are entitled to that
and I think that is an area were he was wrong.
Kirk
X
Collins
X
Entry
X
Walker
X
Watford
X
Motion Carried.
.4 SEPTEMBER 22, 1992 - REGULAR MEETING - PAGE 34 OF 34
VOTE
G. NEW BUSINESS
COUNCILMEMBERS ACTION
S
AV
kB.TNF
Councilmember Collins made a motion to approve a three year
11. Motion to approve a three year
auditing contract with J.D. Gilbert
auditing contract with J.D. Gilbert and Company in the amount of
and Company in the amount of
forty-three thousand five hundred dollars ($43,500.00); seconded
$43,500.00 - Finance Director
by Councilmember Entry.
(Exhibit 12).
Following discussion, motion and second was withdrawn.
Councilmember Collins made a motion to approve a three year
auditing contract with J.D. Gilbert and Company in the amount of
forty-three thousand five hundred dollars ($43,500 00 contract
is to provide provision that if terminated after one year, two
years or three years the amounts City will pay for each year; and
contract is approved subject to the Attorney researching to make
sure the procedure that was used to award this contract is
correct; seconded by Councilmember Entry.
KIRK
X
COLLINS
X
ENTRY
X
WALKER
X
C.1
WATFORD
X
MOTION CARRIED.
ADJOURNMENT
Mayor Kirk:
Mayor Kirk adjourned the meeting at 9:50 P.M.
NOTICE IS HEREBY GIVEN THAT IF ANY PERSON
SHOULD DECIDE TO APPEAL ANY DECISION MADE
AT THIS MEETING OF THE CITY COUNCIL, SUCH
PERSON°WILL NEED TO INSURE THAT A VERBATIM
KEGOI�D.OF THE PROCEEDING IS MADE WHICH IN-
'' • ' CLUDES 'THE .-TESTIMONY AND EVIDENCE UPON
T E- APPEAL IS
/BASED.
Jam . Kirk, Mayor
-- ,�
✓r . i
Bonnie S. Thomas, CMC, City Clerk