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HomeMy WebLinkAboutMinutes Council 092500CITY OF PALM BEACH GARDENS CITY COUNCIL SPECIAL MEETING September 25, 2000 The September 25, 2000, Special Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL: The Recording Secretary called the roll and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, and Councilmember David Clark. Councilmember Lauren Furtado and Councilmember Carl Sabatello were absent from the meeting. A moment of silence was observed in remembrance of City Clerk Carol Gold's husband, who had passed away unexpectedly. PUBLIC HEARING - RECONVENED FROM SEPTEMBER 21,2000: 2000/2001 Fiscal Year Budget Millage Discussion - Finance Director Kent Olson reviewed the budget process to date, which had resulted in a proposed 18.97% tax increase or an increase of $82.51 for a $125,000 home with a $25,000 homestead exemption. Mr. Olson reviewed items that had contributed to the increase and explained that public safety items made up the largest share of the increase. Mr. Olson stated that the millage rate as proposed in Resolution 79, 2000 was 4.7548, which represented a 23.23% increase over the rolled back rate of 3.8584. Public Comment - Julia Byrd expressed surprise that a full Council was not present for a budget vote. Ms. Byrd commented that all of the money budgeted did not have to be spent, agreed with using City staff instead of prisoners to maintain swales, commented that taxes had risen steadily over the past 5+ years, stated that she opposed a Stormwater Utility, recommended prioritizing expenditures more efficiently, noted many projects had to be corrected after completion which resulted in added costs, expressed concern that the budget included large amounts for a skate park and for sidewalks, and requested further cuts. Mayor Russo suggested a Budget Oversight Committee made up of business people to look at the budget, and commented that staff would be asked not to spend their full budgets so that reserves could be built back. Jim Bosso expressed surprise that a lot of the engineering costs were not being passed on to the new developments, questioned the legality of very large bills, and asked if the City Council had voted approval of a certain amount of engineering bills. Mr. Bosso expressed his opinion that the City was not required to pay large bills if an amount had not been approved. Finance Director Olson advised that tasks were assigned for which work was billed on an hourly basis and there was no requirement for the City Council to approve individual invoices. City Engineer Dan Clark explained that Department Heads as well as the City Manager had requested work, which had been billed at rates, approved last November. Mayor Russo commented that engineering costs needed to be brought into line. Mr. Bosso suggested that research be done by contacting other municipalities to see how they handle bills that far exceeded what they had expected. Mayor Russo advised that approvals had been given at every step and the amounts were not unexpected. Mr. Bosso requested the names of the individuals who had granted the approvals. CITY COUNCIL SPECIAL MEETING, 9/25/2000 2 Hearing no further comments, Mayor Russo declared the Public Hearing closed. Councilman Clark announced that for the taxing authority, the City of Palm Beach Gardens, the rolled -back rate was 3.8584, the proposed millage rate was 4.7548, and the percentage of millage increase over the rolled - back rate was 23.23 %. Councilman Clark made a motion to approve Resolution 79, 2000. Vice Mayor Jablin seconded the motion. Mayor Russo commented that he was looking for a way to reduce this budget and requested Department Heads if at all possible not to use all of their budgeted funds in order to have money to put into reserves at year end. Vice Mayor Jablin read into the record a prepared statement in which he commented that the budget had come a long way in 30 days, and the 29% increase originally submitted by the City Manager reflected a mind set that this was a rich City which could well afford it attitude, which he never wanted to see in this City again; and urged that the Council never lose sight of residents who might not be able to afford the high -priced homes being built today. Other comments by the Vice Mayor included encouragement to residents to voice their opinions at City Council meetings, and his support for a stormwater utility to provide a reliable stream of revenue to complete the upgrading of the canal system and to provide maintenance in perpetuity. Vice Mayor Jablin thanked the staff for their work on the budget. The motion carried by unanimous 3 -0 vote. Councilman Clark moved that Ordinance 26, 2000 be placed on Second Reading by title only and approved. Vice Mayor Jablin seconded the motion, which carried by unanimous 3 -0 vote. The Recording Secretary read Ordinance 26, 2000 on second and final reading by title: Fiscal Year 2000 -2001 Annual Budget. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, affixing a total valuation of the real and personal property located within the corporate limits of the City of Palm Beach Gardens, Florida, for the year ending December 31, 2000; establishing a tax rate thereon for said year; levying a tax on said real and personal property for said year; adopting a fiscal budget for the fiscal year beginning on October 1, 2000 and ending on September 30, 2001, inclusive; appropriating funds for expenditures in accordance with said budget; providing for the repeal of ordinances in conflict herewith; and providing for an effective date. STATUS OF NEGOTIATIONS WITH CITY MANAGER: Mayor Russo reported that the City Council had voted 3 -2 at the last meeting to make a change in the City Manager and tonight there was to be discussion regarding the status of further negotiations. Mayor Russo read into the record a written statement that he stated he felt he owed to the residents, a copy of which has been attached to and made a part of these minutes. Attorney Terry Watterson reported that although discussions with the City Manager began the previous Thursday after the City Council meeting, there had been very few conversations since, Mr. Martinez had indicated that he was not yet prepared to discuss this matter, and there was nothing to report regarding any negotiated buyout. Attorney Watterson advised that the available options were to terminate for cause with stated reasons in which case Mr. Martinez would be due no compensation; to terminate without cause which was contracted for in his contract ahead of time wherein he agreed to receive a six - month severance, however, that would be conditioned upon Mr. Martinez signing appropriate documents releasing the City and all its officials for any claims typically made by people unhappy with their termination; to suspend Mr. Martinez as the City Manager; or to do nothing. Mayor Russo reported there was a request from Councilmember Furtado to table this agenda item until the next City Council meeting. Attorney Watterson advised regarding the necessary criteria and process for termination, and recommended that if the City Council intended to remove Mr. Martinez that they suspend him, and explained that during the suspension time until the final removal Mr. Martinez CITY COUNCIL SPECIAL MEETING, 9/25/2000 3 would still enjoy all his salary and benefits. Mayor Russo requested that all comments be made tonight since this would be the last public opportunity unless a public hearing was requested by Mr. Martinez, so that this issue would not continue to divide the City. Mayor Russo stated that he would be glad to meet privately with anyone who wished to discuss the matter. Joan Elias, 1009 Diamond Head Way, re- emphasized that this City must start healing now. Linda Hughey, Reed Drive, expressed her opinion that the comments against Mr. Martinez had not been confirmed as truth, that the opinions of some members of the City Council seemed to be favored over others, and that the cause of the disease must be removed before healing could take place. Mayor Russo responded to Ms. Hughey's comments. The Mayor stated he did not know the cause of the disease, that it was his job to oversee and make policy, and somebody was needed who would create one team and who would straighten out the situation. Ms. Hughey requested that the Mayor as moderator continue to be the leader. Lois Capeca, 11811 Avenue of the PGA, expressed her opinion that it was not the idea of whether Mr. Martinez stayed or left but that the City Council had voted to give him his "day in court" and did not follow through. Steve Love, 490 Mars Way, Juno Beach, commented that former City Clerk Linda Kozier had stated in her resignation letter that her reason for leaving was to relocate; that she had stated at the last City Council meeting her reason for leaving was because of treatment by her supervisor, Beth Ingold Love; and that in an e-mail to a Councilmember she had stated that her real reason for leaving was because of unprofessional and inappropriate treatment by City Manager Martinez and included with the e -mail an attached letter to the Palm Beach Post cataloging the abuses and hostile work environment created by Mr. Martinez. Mr. Love questioned which was the real version. Mr. Love stated that during the last Council meeting he had heard some Councilmembers publicly attack employees who had stood up for themselves, and a statement had been made that these employees should either put up with it or get out. Mr. Love stated that what had brought everything to a head was that following the Council's vote for management review, certain employees were threatened by the City Manager and in one instance people were made fearful for both their job and personal safety as a result of the threatening and dangerous behavior of the Assistant Police Chief/Interim Human Resource Director, Dennis O'Rourke. Mr. Love expressed his opinion that this defined hostile work environment, that one Councilmember should not be allowed to run day -to -day activities of the City, and thanked the three Councilmembers who did the right thing, and commented once the residents knew the full story they would owe these Councilmembers a great debt. Daniel Richardi, 1077 Bedford Avenue, stated he spoke as an individual and was also Vice President of the Bedford Lake Catherine Homeowners. Mr. Richardi commented that this was a very difficult issue, that there was often more going on behind the scenes than was readily apparent, that until this evening the only comments he had heard or read were that Mr. Martinez's management style was his fault —that he expected much from Department Heads and stressed accountability and that maybe it was too soon for such a style of management, but the perception was there that there was an upsurging against him because of the expectations of the people. Mr. Richardi commented that many people felt a strong leader was needed because of the tremendous changes coming in the next five years, and expressed hope that something could be learned from this, and commented that it was a tragedy that Mr. Martinez may have gotten in trouble perhaps for just performing upon the expectations of the City. Mr. Richardi recommended a full review so that the full story could be known and perhaps also used as a basis in hiring a new City Manager. Nick Terzis, President, Lone Pine Road POA, which was actively CITY COUNCIL SPECIAL MEETING, 9/25/2000 S considering annexation, agreed with Mr. Richardi's comments, observed that when Mr. Martinez came on board the City changed and took on a businesslike air of getting things done, and expressed his opinion of Mr. Martinez's management ethic and the way he clearly tried to find a third resolution satisfactory to everyone when something appeared black and white. Mr. Terzis observed that the unprecedented growth would cause massive change, which could relate directly to fear, emotions, anger, etc., in human behavior, and stated this was textbook organizational behavior that could have been predicted beforehand because of the rapid change. Mr. Terzis suggested the City stand down slightly by going ahead with the review, bringing on another consultant expert in organizational behavior to get the City through this period. Mr. Terzis expressed his opinion that if it had not been for Mr. Martinez, and Ms. Manning, the City would not have come as far as it had, and expressed shock at the newspaper reports because he had not known what went on behind the scenes. Gloria Ciano, 10000 Meridian Way, expressed her opinion that Mr. Martinez's side of the story should be heard and questioned why this drastic action was taken after nine months when she expected he would have been on probation before that. Bob Patty, former Public Works Director for the past 9 -1/2 years, expressed his opinion there was no question that Mr. Martinez had done his job and probably felt he had done it well, but stated that the question was the way the employees had been treated, accusations that had been made, and the liability of the City if they allowed this cancer to continue with the present employees having to endure the intimidation, accusations, and team calling, and expressed concern that possible lawsuits by employees could dwarf the previous consent decree. Mr. Patty explained he had taken a job with Northern Palm Beach Improvement District so that he could still be involved in City activities and continue to assist the City in surface water management. Mr. Patty noted The Post had stated employees were angry because the new manager was confronting slackers who had coasted under the former City Manager. Mr. Patty read a list of names of present and former employees that he defied anyone to call slackers. Mr. Patty explained he had worked two jobs in this area for 30 years and this job had destroyed his family. Mr. Patty reported that his department had accomplished drainage and road improvements, met work schedules, and thanks to Ms. Love, who had assisted the Public Works Department in establishing levels of service, was the only department in the City that had established levels of service for the current budget. Mr. Patty commented The Post had quoted Mr. Martinez as stating 80% to 90% of the City employees were good workers but some with a very poor work ethic had made it necessary to be stern. Mr. Patty indicated that the employees he had named were not slackers and had the best of work ethics, and described the long hours worked. Mr. Patty recommended looking at employees having problems with the City Manger or employees who had left the City, and stated they had good work ethics but could not deal with the current management style, and the only way to fix the cancer was to get rid of it. Marilyn Brent, 3931 Dogwood Avenue, expressed disbelief at the action taken at the last Council meeting in light of the fact that the Council had given Mr. Martinez a raise on June 29 by 3 -2 vote based on favorable responses from citizens and favorable comments from employees. Mrs. Brent asked that the residents be told what was going on. Mayor Russo explained that the salary increase had been negotiated in Mr. Martinez's original contract. Joan Altwater, 9180 Cypress Hollow, expressed concerns with Mr. Martinez's style of management and with employees that had been lost, and stated her support for the City Council's decision. Marilyn Jacobs, 16 Bermuda Lake Drive, applauded the three members of the Council who had made an extremely difficult decision, commented The Post always seemed to be editorializing and expressed her opinion that the newspaper had done an injustice to the Mayor and Councilmembers present tonight and to CITY COUNCIL SPECIAL MEETING, 9/25/2000 5 the residents, and they should be responsible to the community and should present even sides. Ms. Jacobs expressed her opinion that management got the most from employees by building consensus, not by dictatorial old -style management ways. Ms. Jacobs commented that qualified employees had left the City, leaving a large hole to be filled, and that the City Council had to make hard decisions. Siro DeGasperis, property owner at 7 Governors Court, commented he was no longer a resident but still owned property in the City. Mr. DeGasperis expressed disappointment that the full Council was not present, commented he felt sympathy for the Councilmembers who had had to make a decision, but that they must live by their decision, and he believed they had done their best and to do what was right for the City, and he respected and supported their decision. City Attorney Rubin advised that if a motion was made to either remove or suspend the City Manager it must be done by Resolution, so that any motion would be to adopt a Resolution, either to remove with or without cause, or to suspend. Vice Mayor Jablin indicated he believed there was cause to remove, but was willing to support a Resolution to remove without cause. Vice Mayor Jablin questioned whether after a public hearing, if one occurred, without cause could be changed to cause if the City Council desired, to which the City Attorney responded affirmatively. Vice Mayor Jablin stated that under those circumstances he would support no cause at the moment, reserving the right to change it if needed. Councilmember Clark moved that a Resolution to remove the City Manager for unsatisfactory performance including but not limited to his failure to properly and effectively manage and administer the City government of the City of Palm Beach Gardens, a for cause removal. Vice Mayor Jablin seconded the motion based on advice from the City Attorney that for cause could be changed to no cause at a later time if desired. During discussion of the motion, Mayor Russo stated he had no problem voting in favor of the motion if this could be worked out with no cause without spending more money or creating more grief for any more individuals. The City Attorney recommended suspension in case the City Manager requested a public hearing. Vice Mayor Jablin withdrew his second to the motion. Councilman Clark stated he wished to amend his prior Resolution to add a Resolution that Mr. Martinez be immediately suspended pending the holding of the public hearing as required by the City Charter, as well as removed. Vice Mayor Jablin seconded the motion. Motion carried by unanimous 3 -0 vote. Councilman Clark made a motion to appoint Len Rubin as Acting Interim City Manager. Vice Mayor Jablin seconded the motion. Motion carried by unanimous 3 -0 vote. Mayor Russo expressed appreciation for the orderly conduct of the residents during this meeting, and invited anyone to contact him if further discussion was desired, which would be done privately. CITY COUNCIL SPECIAL MEETING, 9/25/2000 6 ADJOURNMENT There being no further business to discuss, upon motion by Councilman Clark, seconded by Vice Mayor Jablin, carried 3 -0, the meeting was adjourned at 9:00 pm. APPROVAL: R. 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