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HomeMy WebLinkAbout02141984~PECIAL COUNCIL MEETING FEBRUARY 14, 1984 SPECIAL MEETING, CITY COUNCIL, CITY OF SEBASTIAN, CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 4:00 P.M. PRESENT: VICE MAYOR ROBERT FITZMAURICE COUNCILWOMAN DOROTHY MCKINLEY COUNCILMAN RICHARD SZELUGA COUNCILMAN JAMES GALLAGHER MAYOR PAT FLOOD, JR. DAN KILBRIDE, CITY ATTORNEY MINUTES SPECIAL MEETING FEBRUARY 14, 1984 MAYOR FLOOD STATED THAT THIS SPECIAL MEETING WAS CALLED FOR THE PURPOSE OF AN APPEALS HEARING AS REQUESTED BY MR. ROBERT MEILBECK. MR. MEILBECK STATED THAT HE DID NOT HAVE AN ATTORNEY AND THAT HE WOULD BE REPRESENTING HIMSELF. MR. ROBERT MEILBECK REQUESTED THAT HE BE PLACED UNDER OATH BEFORE MAKING A STATEMENT. AFTER TAKING AN OATH, MR. MEILBECK REQUESTED THAT HIS STATEMENT BECOME PART OF THE MINUTES OF THIS HEARING WITHOUT BEING EDITED. MR. MEILBECK .......... I AM HERE TODAY BECAUSE, AS NEAR AS I COULD FIND , Y--TO~V~ ~MOVED FROM MY JOB. I THINK OUT THERE HAS BEEN A CONSP~ THIS CONSPIRACY INVOLVES T~E~_~Y.OR, ~EW~'O~ ~GES, FOREMAN OF THE GOLF COURSE AND ONE OF THE EMPLOYEES AT THE GOLF COURSe.' / I FEEL THIS WAY BECAUSE OF THE FOLLOWING REASONS: __ MR. MEILBECK .......... ON~M~NIN~OF ~UARY 11, 1984, I WAS CALLED IN TO SUPERINTENDENT, NEWT KRAGES' OFFICE AND TOLD TO SIT DOWN AND SIGN A LETTER OF RESIGNATION, WHICH HE, AD BEEN PREPARED IN ADVANCE. THIS LETTER IS IN THE BACK OF THE PACKAGE I~ ~ I READ THE LETTER AND DECIDED THAT IT WAS AN UNTRUE STATEMENT AND REF~ED TO SIGN IT. I WAS THEN TOLD OR SABOTAGE OS GOLF COURSE EQUIR~ENI. ~AGAIN REFUSED TO SIGN IT BECAUSE BEING UNFAIRLY DISMISSES FROM MY~SI~ON. I THEN WENT TO CHIEF OS POLICE, I I RETAIN AN A~N~-Y.~ ~~. ~ ~ ~ ~ ~ ~ ~ __ ~ MR. MEILBECK .......... CONTINUES STATEMENT ...... AT THAT TIME I WAS SHOWN A LETTER ACCUSING ME OF TAKING GASOLINE AND DELIBERATELY MAKING DAMAGING REPAIRS TO EQUIPMENT. THESE CHARGES ARE FALSE AND MISLEADING AND I HAVE BEEN TERMINATED UNFAIRLY. I HAVE ALWAYS BEEN AUTHORIZED TO USE CITY GASOLINE IN MY PERSONAL VEHICLES, WHEN ON CITY BUSINESS AND WHEN CITY VEHICLES WERE NOT AVAILABLE FOR MY USE, WHICH WAS MOST OF THE TIME. I PUT 10,000 MILES ON MY TRUCK PER YEAR FOR CITY BUSINESS. I HAVE NEVER RECEIVED A LETTER OF REPRIMAND OR BEEN TOLD THAT MY JOB PERFORMANCE WAS UNSATISFACTORY BEFORE THE DAY I WAS TERMINATED. I WENT TO WORK FOR THE CITY OF SEBASTIAN ON SEPTEMBER, 1981 AS A LABORER, AT THAT TIME THE GOLF COURSE HAD ONE PICK UP TRUCK AND I WAS REQUESTED TO USE MINE. I FURNISHED FIVE GALLONS OF GAS PER DAY FOR THE FIRST FIVE WEEKS I WORKED. I WAS LATER COMPENSATED FOR THAT. I HAULED 55 GALLON DRUMS OF GASOLINE EVERY OTHER DAY, FROM THE 76 STATION TO THE GOLF COURSE IN MY PERSONAL TRUCK FOR A PERIOD OF NEARLY ONE YEAR. I OPERATED AS A TOW TRUCK FOR THE GOLF COURSE, TOWING CUSTOMERS OUT OF THE CLUB HOUSE PARKING LOT, RETRIEVING STUCK TRACTORS, MOWERS, WORK MASTERS AND DUMP TRAILERS. ON ONE DAY I PULLED THE SAME TRACTOR AND GANG MOWER OUT OF THE SAND FIVE TIMES. I ALSO TRAVELED TO ROSELAND AND GIFFORD TO RETRIEVE MR. KRAGES IN HIS PICK UP WITH MY TRUCK. I ALSO OPERATED AS A MOBILE REPAIR SHOP, REPAIRING GOLF COURSE EQUIPMENT IN THE FIELD. I PULLED A HEAVILY WEIGHTED DRAG FOR THE MAINTENANCE OF THE CLUB HOUSE ROAD AND PARKING LOT BEFORE THE ROAD WAS PAVED. ON ONE OCCASSION, JUST BEFORE A BIG TOURNAMENT, I PULLED THE DRAG FOR EIGHT HOURS. AT THE BEGINNING OF THE GOLF COURSE MAINTENANCE PROGRAM, THE GOLF COURSE HAD THREE PIPE WRENCHES, SO I FURNISHED MY PERSONAL TOOLS AND EQUIPMENT TO DO MY JOB. A PARTIAL LIST OF MY EQUIPMENT IS INCLUDED. THE EQUIPMENT WAS NECESSARY IN ORDER FOR ME TO CARRY OUT THESE TASKS. THE USE OF MR. KRAGES' CARD LOCK WAS GIVEN TO ME BY HIM AND WAS TOLD TO USE IT BY HIM WITH MY OWN DISCRETION. THE PERMISSION TO USE FUEL WAS NEVER RETRACTED. I WAS GIVEN TWO BRAND NEW TWELVE HUNDRED SIXTEEN FIVE TIRES, MOUNTED AT THE CITY GARAGE FOR MY TRUCK AND THE USE OF BUILDING ONLY FOR MAINTENANCE ON MY TRUCK. I WAS TOLD BY MR. KRAGES, THAT I COULD OVERHAUL MY TRUCK ENGINE IF I FURNISHED THE LABOR, THE GOLF COURSE WOULD FURNISH THE PARTS. I PERSONALLY PAID AN OUTSIDE MECHANIC TO COME IN PULL MY ENGINE AND DISASSEMBLE IT. I WAS GIVEN PERMISSION TO USE THE GOLF COURSE PICK UP TO TAKE THE PARTS OF MY ENGINE TO VERO AUTO SUPPLY TO BE RECONDITIONED. I ALSO PAID THIS MECHANIC TO INSTALL THE ENGINE BACK IN MY TRUCK. MINUTES Page 2 SPECIAL MEETING FEBRUARY 14, 1984 MR. MEILBECK .......... CONTINUES STATEMENT ...... MR. KRAGES THEN REFUSED TO PAY FOR THE RECONDITIONING AND $450.00 IS BEING DEDUCTED FROM MY PAY CHECK AT $22.50 ER WEEK. IN CONCLUSION, I MUST STATE THAT I HAVE BEEN ACCUSED OF THEFTS OF GASOLINE, WHICH I FEEL HAVE BEEN PROVEN HERE TO BE TOTALLY INNOCENT AS I WAS PERMITTED TO OBTAIN THE GASOLINE BY SUPERINTENDENT KRAGES IN RETURN FOR MY PERSONAL VEHICLE BY MR. KRAGES. I BELIEVE THIS USE OF MY VEHICLE AND THIS TYPE OF REIMBURSEMENT WAS ALSO CONDONED MAYOR FLOOD, AS HE HIMSELF GAVE ME THE TWO TIRES AS COMPENSATION FOR USING MY PERSONAL VEHICLE FOR CITY BUSINESS. MR. KRAGES AND INDIRECTLY MAYOR FLOOD ARE ACCUSING ME OF A CRIMINAL INFRACTION THAT IS NOT TRUE, YET THEY THEMSELVES HAVE COMMITTED FLAGRANT VIOLATIONS TO WIT. THE MAYOR HAS REFUSED TO GIVE ME MY PAY CHECK, LESS THE AMOUNT OF MONEY AGREED UPON. THIS IS A VIOLATION OF FLORIDA STATE FEDERAL LABOR LAWS. SUPERINTENDENT KRAGES HAS HAD ME MAKE REPAIRS ON CITY TIME FOR HIS PERSONAL VEHICLE AND PERSONAL BOAT TRAILER. THE STEEL FOR THE BOAT TRAILER WAS PURCHASED BY THE CITY OF SEBASTIAN AND PLACED ON SUPERINTENDENT KRAGES' BOAT TRAILER WITH A CITY WELDER AND ON CITY TIME. I THEREFORE FEEL, I MAY NOT HAVE UTILIZED GOOD JUDGEMENT, HOWEVER, THESE TWO INDIVIDUALS ARE IN CHIEF ADMINISTRATIVE POSITIONS AND THERE IS NO LICENSE FOR THEM TO VIOLATE LAWS WILFULLY AND WITHOUT DUE REGARD. MR. MEILBECK READ INTO THE RECORD LETTERS WRITTEN BY FELLOW EMPLOYEES, ALL DATED JANUARY 10, 1984, INDICATING THAT THEY HAD OBSERVED MR. MEILBECK AND OTHER EMPLOYEES TAKING GAS~ ~-~R ~ ~NAL VEHICLES. rm RESPONSE TO COUNCILMAN GALLAGEE2'S QUESTiOn, CONCERNING WHY MR. MEILBECK HAD NOT BEEN GIVEN HIS FINALLY C~tECK, MAY~ FLOOD STATED THAT IT WAS UPON THE RECOMMENDATION OF THE ~I_~CE mIRECTOR, ~R. LANCASTER. JOE LANCASTER, FINANCE DIRECTOR .... AS FAR AS THE PAYROLL DEPARTMENT IS CONCERNED, THERE WAS A BALANCE D~F ~OXIMATELY $260.00. MR. MEILBECK'S LAST CHECK WAS IN THE AMOUNT OF ~A~R~gXI~ELY $240.00 WHICH I FELT SHOULD HAVE BEEN REPAID TO THE CITY. IN RESPONSE TO COUNCILMAN SZELUqA~__~UE~TIONS, MR. MEILBECK RESPONDED WITH REASONS AND EXPLANATIONS FOR EA~CU~TION. TO THE FINA~DI.~OB ~N~ M~ W~ STATSS ~EGI~G JE6TNMBER 29, 1983, WITH THE TIME CLOCK, WHICH ALL EMPLOYEES WERE ASKED TO SIGN IT AND RETURN IT. MR. MEILBECK .... INDICATED THAT HE HAD SEEN THE SECOND TWO DOCUMENTS. NEWTON KRAGES, GOLF COURSE SUPERINTENDENT..'...STATED THAT HE WILL GO THROUGH EACH INDIVIDUAL REASON WHY HE TERMINATED MR. MEILBECK. THE FIRST REASON, IS THAT MR. MEILBECK WAS TAKING GOLF COURSE GASOLINE FOR USE IN HIS OWN PERSONAL VEHICLE. APPROXIMATELY A YEAR AND A HALF AGO, THE GOLF COURSE PURCHASED A 1977 DODGE PICKUP TRUCK. ONE OF THE REASONS FOR THIS PURCHASE, WAS SO THAT WE WOULD HAVE AN EXTRA PICK UP TRUCK FOR MR. MEILBECK'S USE, TO TRAVEL TO STORES AND PICK UP PARTS, ETC., AT THAT TIME HE WAS ASKED NOT TO USE HIS PERSONAL VEHICLE ANYMORE. THE REASONS WE DID NOT WANT HIM TO USE HIS PERSONAL VEHICLE ANYMORE WERE FOR INSURANCE REASONS AND WE DID NOT WANT TO BE RESPONSIBLE FOR HIS PERSONAL VEHICLE, AS IN BUYING GASOLINE, PARTS AND TIRES FOR HIM, ETC. I DON'T KNOW HOW MUCH TIME LATER, HIS TRUCK BROKE DOWN, BUT HE BOUGHT A MOTOR CYCLE AT THAT TIME. HE WAS TOLD THAT WHEN HE BROUGHT HIS MOTORCYCLE IN THAT HE WAS NOT TO USE HIS MOTOR CYCLE, I TOLD HIM SEVERAL TIMES NOT TO USE HIS MOTOR CYCLE FOR GOLF COURSE BUSINESS. IF HE USED IT FOR GOLF COURSE BUSINESS, IT WAS HIS OWN DOING, HE WAS NEVER ASKED TO DO THAT. HE SAID THAT PEOPLE KNEW HE WAS TAKING GASOLINE, I DIDN'T KNOW I DID NOT KNOW UNTIL MR. RYUN BROUGHT IT TO MY ATTENTION RIGHT BEFORE CHRISTMAS. THE SECOND REASON, IS THAT MR. MEILBECK REPAIRED A GREENS MOWER IMPROPERLY. MR. MEILBECK TOLD ME HE HAD REPAIRED THIS MACHINE, HE TOLD ME HE PUT NEW PINS AND BUSHINGS IN IT. MR. MEILBECK...REQUESTED THAT MR. NEWTON KRAGES BE PLACED UNDER OATH. DEPUTY CITY CLERK. . . GAVE NEWTON KRAGES THE OATH. MINUTES: Page 3 SPECIAL MEETING FEBRUARY 14, 1984 NEWTON KRAGES: .......... MR. MEILBECK MADE THE BUSHINGS HIMSELF, SO THERE WAS NO REASON FOR HIM NOT TO REPLACE THEM UNLESS THE BUSHINGS WOULDN'T WORK. IT IS APPARENT THAT THE BUSHINGS AND PINS DID NOT WORK AND I HAVE THEM RIGHT HERE. NEW PINS WERE PUT IN, BUSHINGS WERE NOT PUT IN. THE REASON FOR THIS WAS PROBABLY BECAUSE MR. MEILBECK WOULDN'T ADMIT THAT THE BUSHINGS HE MADE WOULD NOT WORK. THE THIRD REASON, IS THAT MR. MEILBECK NEVER ASKED PERMISSION TO LEAVE WORK. I SUPPOSE HE NEVER DID NEED PERMISSION TO LEAVE WORK, BUT I DID ASK HIM A COUPLE OF TIMES TO LET ME KNOW WHERE HE WAS GOING OR LET ERICK KNOW WHERE HE WAS GOING AND IF NEITHER ONE OF US WAS AROUND, HE COULD LEAVE A NOTE ON THE CHALK BOARD. THE FOURTH REASON, MR. MEILBECK DID NOT USE THE TIME CLOCK LIKE HE WAS INSTRUCTED. FROM SEPTEMBER 29, 1984, WHEN HE STARTED USING THE TIME CLOCK, HE MISSED PUNCHING IN AND OUT 15 TIMES. I BROUGHT THIS TO HIS ATTENTION SEVERAL TIMES AND EXPLAINED TO HIM THAT IT WAS VERY HARD TO JUSTIFY HIS REASONS FOR MISSING SO MANY TIMES. THE FIFTH REASON, THE HYDRAULIC LEAK, THAT MOWER HAD BEEN LEAKING FOR QUITE SOME TIME. I'D SAY AT LEAST TWO MONTHS. EVERY MORNING THERE WOULD BE A PUDDLE OF OIL SITTING NEXT TO THAT MACHINE. MR. MEILBECK KNEW ABOUT THIS AND HE SAID HE DIDN'T THINK IT WAS SERIOUS. I THINK THIS PROBLEM SHOULD NOT HAVE BEEN IGNORED BY MR. MEILBECK. MR. EUGENE RYUN, PART TIME ~TEN-AN~R~R[~TESTIFIED UNDER OATH, THAT THE COUNCIL WITH A ,LOG BO0~ g~ HB H~D BEE~EEPING ON MR. MEILBECK SINCE JANUARY 21 , 1983, ~HROUGH NO~EMBER 8, 1983, ~SROWING DATES MR. MEILBECK TOOK TONY CLOPEIN, CITY MECHANIC, TESTIFIED UNDER OATH THAT MR. MEILBECK IS A MACHINIST AND DOES KNOW MACHINE WORK AND THAT THIS PARTICULAR BUSHING SHOWED TO HIM, DID NOT HAVE THE ~ VO~ FOR THE GREASING TO GO AROUND. THOMAS WAGNER, MAINTENANCE MECHANIC, GgL~ COURSE, TESTIFIED UNDER OATH, THAT IF THE HYDRAULIC CYLINDER LET LOOS~UT ON THE GOLF COURSE ON THE WOULD BE A PUDDLE UNDERNEATH IT. THERE HAD B~E~A FE~OCC~SJIOqSI~E~ ~ WI~NESSSD ~q~I[~FZZSSFK WZZS ~ GALLON CONTA~ PU~IAG G~OI~E~ IN~IS MOTORCWC],N~A~D T~bCK. MR. THAT FIVE MALMBERG VARIOUS QUESTIONS WERE DIRECTED TO NEWTON KRAGES, GOLF COURSE SUPERINTENDENT AND OTHER PERSONS TESTIFYING BY THE SEBASTIAN CITY COUNCIL, PERTAINING TO THE SPECIFIC REASONS OUTLINNED IN MR. MEILBECK'S TERMINATION LETTER. NEWTON KRAGES, ELABORATED ON SPECIFIC TIMES AND INCIDENTS. MR. MEILBECK ANSWERED VARIOUS QUESTIONS ASKED BY THE CITY COUNCIL PERTAINING TO HIS TERMINATION. MR. MEILBECK STATED THAT HE FELT HE WAS BEING TERMINATED IN ORDER TO CREATE AN OPENING AND I FEEL THIS WAY FOR SEVERAL REASONS, ONE BEING FOR THE PERIOD OF TWO YEARS THERE WERE NO COMPLAINTS, THERE ARE IN MY PERSONNEL FILE NO .LETTERS OF REPRIMAND, THERE IS NOTHING DATED INDICATING THAT THERE WAS ANY PROBLEM, UNTIL JANUARY 10, 1984, WE FIND A MAN REQUESTING A TRANSFER FROM THE POLICE DEPARTMENT, FIND LETTERS THAT ON THE 10TH THAT I AM BEING ACCUSED OF MISCONDUCT, A LETTER OR RESIGNATION, DATED JANUARY 10, 1984, PREPARED FOR ME TO SIGN, IT JUST SEEMS FUNNY THAT EVERYTHING HAPPENED ON THE 10TH. THE COUNCIL TOOK A 5 MINUTE RECESS AND RECONVENED. MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY COUNCILMAN GALLAGHER, THAT MR. MEILBECK BE REINSTATED IMMEDIATELY. EACH COUNCIL MEMBER REITERATED THE CHARGES MADE AGAINST MR. MEILBECK AND EXPLAINED THEIR OWN PERSONAL FINDINGS FROM THE FACTS SUBMITTED. ROLL CALL VOTE: A YES: COUNCILWOMAN MCKINLEY COUNCILMAN SZELUGA COUNCILMAN GALLAGHER NAYS: VICE MAYOR FITZMAURICE MAYOR FLOOD MOTION CARRIED. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, TO PAY MR. MEILBECK HIS BACK WAGES THAT HE HAS COMING, UNLESS OF COURSE THE $22.00 AND SOME ODD CENTS DEDUCTION THAT HE HAD AGREED TO PAY FOR HIS TRUCK, ALSO THAT HE BE GIVEN PRIORITY PREFERENCE IN ANY TRANSFER TO THE PUBLIC WORKS MINUTES: Page 4 SPECIAL MEETING FEBRUARY 14, 1984 DEPARTMENT THAT MAY OCCUR IN THE FUTURE, IF HE SO DESIRES TO DO THAT. ROLL CALL VOTE: A YES: COUNCILWOMAN MCKINLEY COUNCILMAN SZELUGA COUNCILMAN GALLAGHER NAYS VICE MAYOR FITZMAURICE MAYOR FLOOD MOTION CARRIED. MEETING ADJOURNED. DEBORAH C. KRAGES, CITY CLERK JIM GALLAGHER, MAYOR MINUTES APPROVED AT NOVEMBER 14, 1984 COUNCIL MEETING.