Proposed Term Limits Weakening Dominates Meeting

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October 17, 2017

The October City Council meeting had a fairly light agenda, with the exception of the Charter Review Committee Final Report – which was expected to generate a lot of discussion. Mayor Marino reordered the agenda to leave the report until Council Member Lane, who was delayed, could be there to hear it. So the Consent Agenda (4:0), City Manager Report, and Items of Resident Interest preceded the presentation.

Prior to the Council meeting, several supporters of the Palm Beach Gardens Needs Term Limits Committee, demonstrated outside City Hall carrying signs. During the meetings, opponents of the Charter Review Committee recommendations regarding Term Limits and elections sported stickers stating “Don’t Touch My Term Limits – Leave it alone!!”

Charter Review Committee Final Report agenda item:

The Charter Review Committee met several times in August and September.  The Committee, selected by the Council , consisted of Craig Allgood, Ian Helsby, Steve Mathison, Meg Shannon – Vice Chair and Brian Seymour – Chair – all City residents.  They developed a set of recommended modifications including simplification and removing conflicts with Florida State Statute.  They also made recommendations with respect to Council terms and elections.  Present from the committee were Brian Seymour and Meg Shannon.

Mr. Seymour presented the Committee recommendations, focusing on those known to be controversial. Copying directly from the report those are:

We recommend that term limits remain and that they be provided as three full three (3) year terms and that it be clarified that after being elected to three consecutive three (3) year terms and serving at least one-half of the final term, a person may run again only after sitting out a full three (3) year term. We should also clarify that service of one-half or less than one-half of a full three (3) year term shall not count toward the subject term limit.

We further recommend that some of the language relative to “a majority of the votes cast” be clarified to provide that only votes cast for a qualified candidate whose name appears on the ballot and is eligible to take office at the time of the election shall be counted. No vote for a deceased, withdrawn, or removed candidate should count or contribute toward the total number of votes, number of under votes, or number or over votes

We recommend that elections be determined by plurality and not majority of votes cast for a candidate qualified to be on the ballot at the time of the election.

City Manager residency was also one of the issues during the 2012 charter review however not discussed at length:

We recommend removing the residency requirement for the city manager as follows: “The city manager need not be a resident of the city at the time of appointment, however, must be a resident within one year following the appointment, though residency as soon as practical after appointment is encouraged.”

See the report and rationale for each point here: 2017 Charter Review Committee Final Report.

There were numerous residents who made comment on the report.  The following summary doesn’t do justice to their comments:

• Tom Cairnes – representing himself,  not speaking for the PGA Corridor Association – praised Irma cleanup  then spoke on the charter: projects take 30 years to happen, need continuity to carry through on original concepts and make sure what was in original plans are followed up on over time. Tri-rail is an example – in support of  Review Committee’s recommend changes.
• Roma Josephs – member of the Board of Ballenisles – takes a long time to get anything done – need the experience and will to see it through. supports the charter committee. Ballenisles will vote for it.
• Kevin Easton – against any changes to Term Limits  – proposed changes disenfranchise voters by changing term limits
• Sid Dinerstein –  proposed changes reflect utter contempt for the PBG electorate by putting on a March ballot when no candidates are on the ballot. More voted for term limits than voted for any of the Council. Plurality instead of majority is a scheme to tilt election odds in favor by adding straw candidates. Already can’t trust you, the new council
• Philip Blumel –  Lake Worth, President of US Term Limits – commended those who got it on the ballot and got 80% of the citizens to get it approved. nothing about the current term limits allows those to run again. Simple and just like the ones everywhere else. It’s typical for electeds to try and circumvent – first went to court, next resort is always a new and improved version – always includes letting them sit for additional terms, and not count their existing term and put on a low ballot election – typical.
• Vito DeFrancesco – very impassioned remarks – With small turnouts it can be tilted. For 30 years elections have been tilted by powerful, well organized high-end communities that will turn out their voters despite what the majority wants. You’re going to try and sneak in, back-dooring everyone who voted and that our opinion means nothing. Not right. Government at its worst. Voices of people don’t mean anything – government can’t be trusted, gets what it wants, government sticks together and the people are puppets meaning absolutely nothing in your opinion. If you change it, we’ll put it back, get it back on the ballot and make it so you can’t touch it again – what you’re doing may be legal but surely isn’t ethical.
• Iris Scheibl – who had attended most of the charter review meetings, read the text of the 2014 ballot question, pointed out that none of the Council would be there had it not been for term limits, that just because the committee made a recommendation doesn’t mean the council has to accept it, and asked that any election or term limits change be on a November ballot.
• Fred Scheibl – recounted Council’s history of losing trust – and is trust is rarely regained. Term limits was a grassroots petition effort and city fought it at every step. courts validated the law despite the city’s objections. you were elected by these rules and should abide by them. not enough time to evaluate. Make no changes regarding the conduct of elections; changes to basic principles means of gaming the system. if you go forward – the campaign organized to opposed it – you will be on that ballot.
• Marilyn Parmet – agree with previous statements – she was one of those who got term limits petitions signed – no one turned her down in signing the petitions – this is the will of the people, please respect and do the right thing
• Nick Tomboulides –  Melbourne – Executive Director of US Term Limits – if term limits are too short – that means it’s working. on one side is 80% of the voters; on the other side – those who are affected by that term limits law. It’s a conflict of interest – you shouldn’t be discussing let alone placing on the ballot – should recuse yourself.  Hands off term limits
• Barbara Grossman – another person who collected petitions and no one turned her down.  All were losing faith in the council due to the stadium.

The Council, after some debate on two 4-year terms, which Council Member Lane favored, discussed their views on the proposals and directed City Attorney Lohman to present 4 ballot questions to them next month – a base question updating the Charter, and the 3 questions related to term limits and elections. The Council will then vote in December and January (first and second readings), in time to place the questions on the March 2018 Uniform Municipal Election. Watch the Charter Review part of the City Council Meeting here, for complete discussion and read a summary of the subject from the Palm Beach Post here.

After the extended Charter Review discussion, passed 5:0 were:

• Ordinance 22. 2017 – Ban of Medical Marijuana Treatment Center and Dispensing Facilities. While one person made pubic comment saying that it was silly to wait for allowing such centers in the City, Council Member Litt had Police Chief Stepp address some of the safety issues due to the fact that all transactions have to be done in cash. He also pointed out that patients can have the medical marijuana directly delivered to their homes. Rachelle Litt then gave an outstanding in-depth explanation for her ‘No’ vote – articulating how the current legislation is an attack on Home Rule, covering medical concerns as a pharmacist, and that this was an ‘all or nothing’ proposition. Watch the discussion by Council here and the Palm Beach Post summary here.
• Ordinance 23, 2017 – Moratorium on Micro wireless Facilities until December 31, 2017 – this is another attack on Home Rule. Staff will come back in the November Council meeting to cover recommended policies.
• Resolution 71, 2017 – allowing for 3 Entry Signs to the Burwick Residential Community within PGA National

Additionally – Appointments and Reappointments for AIPP, Parks and Rec, and PZAB Advisory Boards were discussed and voted on. Council Member Lane spoke at length about the candidate process. He pointed out that candidates apply for many boards, don’t have to outline their qualifications for each (any) of those boards, nor make the case why they should be considered. Not all votes were unanimous – see the  City’s Board and Committees page at a later time – the website has not yet been updated with the new names as of this posting. Staff was asked for a future recommendation on enhancing the application process for Boards and Committees.