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. RUSSO
UAW
PRO TEM CARL SABATELLO
V # ' • LeAw*' �-
Z,'MNCILMAN DAVID CLARK
C'���CLt� W [f�
COUNCILWOMAN LAUREN FURTADO
ATTEST:
{�
CAROL GOLD, MC
CITY CLERK'
Y
y O
E N n n n n n w= 4rD N n n
7 9 o n `^ o w o c a��w
,C S 7 w �• O O w^ O
O N a S 7 0 S O
T =j 0 cD c co c n. p 7c Oo CIS
o� n
o 0
CD
° - c `° f �a� N o cay a•= o O
0 0 CD n OU C
w ' R: FrO
0. IL CD Dmw On °:o� �EA�
p to S O n a^ cD w n_ _O .
Er A. c, F
aQ B 11=0 77
a co F y
y N' cn O `1 Q n W � ° p _
CD
n 0.
0 0' -, c^ o' w g n o o g o
F
E. 0' -, =3 C a 0c S w
cn tn. c in . cD a ^ cOOO cn : ° w ° c�c
a�w � n 8 n•w F V' ° � w n � ^
cD F o o< E. F g w r<-• �I 1
0_' c � w =^. cD S Qn' cD in n
to o- g cD ❑ c °' o " ►.S
' w s^ a s n o 0 00 -
cD H c^SG •U ti S l V
cD cn c 2 C �
ac 0 a
°
o S E F cD ° o
csD cn Rr o a iD 0 n o
m e :� 'V
to a
rA
cr
arQ
C
eo C,
m Ci7
to
dO '. O
°•
ft ►�G
rb
f9 y Q Z
m
m CD ° S `
-s � _ n O. � n
rD
O .. OC S O' i17
o o I �
c
A d w N w
Q
Cr
to a 3
OQ rA
Q C O N
O �
n CD O
CD
A �,
o< c c<D n c o< c 5 ° C o a CD -.0 cFo n. a n
w D° -3� Dcc Fo n Oa c°-O -»`< �5 � __ w_ -w � o`� o co =r I- �D 5a P ° F v • ucv >r °- c' ° ° c? y. c o. �< c n n °o co C) c cn w o c a cD Q, n
Fwm ocn�'s n 3 -o ^°;aa pc oocL w ,
w S C O w O n w T (n c) p d X _ c n
3 w o , ov ° o' F p o f o a oo cn a c 000
-c, . c n c =o n N• v° o 3 y w n o y n
° cD cy w .0 can a 0 � c c c�D co `<
c•.< w i Sc '0�"o n 0.'' c cu' w w `� s°•'o� °.c v, o ,no..° a°
n - C n o n. cL y 0a a s c p oo y N. o
c, y° o° D cn F a w `� a o a R' s cD cL w �, y s oS H cSn o' c in
ED w w o o n s poy c o w= ° o n w c o w �o a° y
S << O O cD p, (D O^ y F ^ vi O ,._, cD n N 04 ..y - •� n
cD o- a s .: s cD y H n < n v, o• no w o w w n v, co .., o, a.
a• A ,--� S..w -. ° Vf n y F a• ^', O `•C A.l n •�+ S BCD fJ O .n••. H < n n H Owi 0 ID
y 0° O C C S C S= Q 'O �• O? a
O o 3 v cn o v° cD y n a 5 w H s a F o<
_ n m iD w cFn cD p = o w n o n° n= O w
a• vim, c-: N y F ccD n a o c n� a n �_ n � o' �� F cxn � a _° F =° nn n
cD n0 = N p �- ca• n H n. O d O Wi n"' -, 'D C cs cn 0. c" on > — `< n � cl
_a °° SD n cn CD F o o=o v n I'o c` G c a P,
S 'n •a S w < w• �• �, y w cD to j a O n a• c�i w oc°o to 0 R. S.a n. ^+ S o n c o� o cn F .+, p°
w F cl n y+ N O H .n N•. O N N• d -C C O 07 n. CD d a O S= �• C ry w
o. cFs c_; m ? �.� y.b �• n w `' c o._° p' ^oo n c c
n n F c n?° _ F a° ° cD n
C. Q cD n° ', Q c ccD
co w 9° °c 90 = °O o c° n n c xa w°_ a o � c
° o cD °O °• o °' o cSD c2D cco c' w a 3
w
.w^. (OD ^ S C 3 CD Fr P? T d H c •< •� C co m- co y- w o = y O= sv
o ti co n o n _o n w` 3 �. a° < c p a n a c^' < c
C. •�i 00 w A ?� O ° ''. cD 7 w C (D S w n• H
w ° y C =� CD S O_ ^� 0=� 'a W O n C' ('� O 7 CD C1 •a p
3 C 0. 3 , o O cD ID �,• cD Qo 7 O„ cD O' cD cl G w O
O F __ w cD ° _• w c, 0 F n `< ° cD n° oo = yy s a v
.O-. O O C �- C N° n < C w c? d N cL „^S O UC n
N C N — w w = �_ CD n w n r
w vi Oo - Oo -ni o vw. cD n O -' v N O O_ . F /. 7 w `< in --.� 7
w o 0 y.
" o p, c o
_°
< a
w .n
� n
F a°o•^=
a
- no - w "
o
o 4 oa � F
^ c moo
00 0
- •,
3 w CD
n w 0 CD
0
w b CD
o f•'„ � o0
-, o c •mow
CD
o t"n
o n:
w
O N a
p, O O
'
d
C. S
�
w
CD
•fl
c � F
S O F
N
N - - A
CD
fn
O `` D
y 'J O G
O
to P+ 7 cD O
m e :� 'V
to a
rA
cr
arQ
C
eo C,
m Ci7
to
dO '. O
°•
ft ►�G
rb
f9 y Q Z
m
m CD ° S `
-s � _ n O. � n
rD
O .. OC S O' i17
o o I �
c
A d w N w
Q
Cr
to a 3
OQ rA
Q C O N
O �
n CD O
CD
A �,
o< c c<D n c o< c 5 ° C o a CD -.0 cFo n. a n
w D° -3� Dcc Fo n Oa c°-O -»`< �5 � __ w_ -w � o`� o co =r I- �D 5a P ° F v • ucv >r °- c' ° ° c? y. c o. �< c n n °o co C) c cn w o c a cD Q, n
Fwm ocn�'s n 3 -o ^°;aa pc oocL w ,
w S C O w O n w T (n c) p d X _ c n
3 w o , ov ° o' F p o f o a oo cn a c 000
-c, . c n c =o n N• v° o 3 y w n o y n
° cD cy w .0 can a 0 � c c c�D co `<
c•.< w i Sc '0�"o n 0.'' c cu' w w `� s°•'o� °.c v, o ,no..° a°
n - C n o n. cL y 0a a s c p oo y N. o
c, y° o° D cn F a w `� a o a R' s cD cL w �, y s oS H cSn o' c in
ED w w o o n s poy c o w= ° o n w c o w �o a° y
S << O O cD p, (D O^ y F ^ vi O ,._, cD n N 04 ..y - •� n
cD o- a s .: s cD y H n < n v, o• no w o w w n v, co .., o, a.
a• A ,--� S..w -. ° Vf n y F a• ^', O `•C A.l n •�+ S BCD fJ O .n••. H < n n H Owi 0 ID
y 0° O C C S C S= Q 'O �• O? a
O o 3 v cn o v° cD y n a 5 w H s a F o<
_ n m iD w cFn cD p = o w n o n° n= O w
a• vim, c-: N y F ccD n a o c n� a n �_ n � o' �� F cxn � a _° F =° nn n
cD n0 = N p �- ca• n H n. O d O Wi n"' -, 'D C cs cn 0. c" on > — `< n � cl
_a °° SD n cn CD F o o=o v n I'o c` G c a P,
S 'n •a S w < w• �• �, y w cD to j a O n a• c�i w oc°o to 0 R. S.a n. ^+ S o n c o� o cn F .+, p°
w F cl n y+ N O H .n N•. O N N• d -C C O 07 n. CD d a O S= �• C ry w
o. cFs c_; m ? �.� y.b �• n w `' c o._° p' ^oo n c c
n n F c n?° _ F a° ° cD n
C. Q cD n° ', Q c ccD
co w 9° °c 90 = °O o c° n n c xa w°_ a o � c
° o cD °O °• o °' o cSD c2D cco c' w a 3
w
.w^. (OD ^ S C 3 CD Fr P? T d H c •< •� C co m- co y- w o = y O= sv
o ti co n o n _o n w` 3 �. a° < c p a n a c^' < c
C. •�i 00 w A ?� O ° ''. cD 7 w C (D S w n• H
w ° y C =� CD S O_ ^� 0=� 'a W O n C' ('� O 7 CD C1 •a p
3 C 0. 3 , o O cD ID �,• cD Qo 7 O„ cD O' cD cl G w O
O F __ w cD ° _• w c, 0 F n `< ° cD n° oo = yy s a v
.O-. O O C �- C N° n < C w c? d N cL „^S O UC n
N C N — w w = �_ CD n w n r
w vi Oo - Oo -ni o vw. cD n O -' v N O O_ . F /. 7 w `< in --.� 7