Next City Council Meeting on November 2nd at 7pm

• Palm Beach Gardens Medical Center CEO Dianne Goldenberg
• Weiss School
• FPL SolarNow Presentation (re: Resolution 75, 2017 under consent agenda)

• Resolution 75, 2017 – The City wishes to enter into a master license agreement with Florida Power and Light Company (FPL) for the use of certain City premises for the installation of renewable energy-generating equipment, and the distribution of any electricity generated by that equipment exclusively within the City’s premises. 
• Purchase award – Real Estate Brokerage Services (Public Works Property)– piggyback/access contract:  “BACKGROUND: The purpose of this Agreement is to hire a realtor for the competitive sale of the City-owned facilities and property located at 3704 Burns Road….The premises was appraised earlier this year for just over $2,200,000. The City hopes to realize more than the appraisal price from the sale. Funds realized from the sale are earmarked for funding the construction of the new Tennis Center Clubhouse.”  Contract listed as for > $65,000
• Purchase award – Purchase of Bunker Gear for Fire Rescue – piggyback/access contract for $89K
• Purchase award –  Purchase of Boom Truck for Public Services Department – replacing 14 year old current truck which will be sold at public auction.  Piggyback/access contract for $154K.

City Manager Report  – no details listed

• Ordinance 20, 2017 – First Reading – A City-initiated request to amend Chapter 62 of the City’s Code of Ordinances to provide for the collocation of small wireless facilities or micro wireless facilities on existing utility poles or the installation of new utility poles to support the collocation of small wireless facilities or micro wireless facilities in City-owned rights-of-way and amending the definitions to be consistent with Florida Statutes.  In the last few meetings, under Ordinance  23, 2017, there was a temporary moratorium on implementation of new statutes until staff could recommend changes.  Discussion on this statute has revolved around the state legislature’s  impact on Home Rule.
• Ordinance 21, 2017 – First Reading – A request initiated by Gardens Venture LLC to amend various sections of the City’s Land Development Regulations. The Applicant, Gardens Venture LLC, is seeking to open an electric automobile showroom for Tesla at the Gardens Mall.  The proposed amendment will provide for a new use of Electric Automobile Showroom within the General Commercial (CG1) and Intensive Commercial (CG2) zoning districts; will provide definitions for Electric Automobile Showroom, Electric Automobile, and Hybrid Vehicle; will provide additional development standards for an Electric Automobile Showroom; and will prohibit the proposed use in the PGA Boulevard Corridor Overlay.   

Check the agenda to see if any additional items have been added before the meeting here.

There will be an earlier City Council Workshop at 6pm immediately preceding the City Council Meeting.  The Treasure Coast Regional Planning Council will present “Transit Oriented Development – Mobility in the Gardens (a work in progress)” – there is no detail provided but one could assume there will be results from the business and public workshops held on October 19th.  

We hope that the Council will continue to discuss proposed Charter changes during the November meeting, although it is not on the Agenda.  See recent PBG Watch articles related to Term Limits:

• Proposed Term Limits Weakening Dominates Meeting
• Why do Politicians Always Break your Heart?
• Martino: Don’t touch our elections! Don’t touch our term limits! Leave them alone!
• Two Consecutive Terms are Good Enough for PBC Cities

A Resident’s View on the Charter for Council, Attorney and Charter Review Committee to Consider

I had an urgent matter come up last Thursday night which kept me from attending the PBG Council meeting. I have reviewed the recommendations on the PBG charter and had some personal input for the council, attorney, and the charter committee to consider.

I would like to share these recommendations with you for consideration since you appear to be active in PBG politics.

1. City Manager: With the recommended revisions to the City Manager, The Manager doesn’t have to reside in the city, but has complete control including sign off authority. I suggest: The City Manager become a PBG resident within 90 days of being hired. A City Manager is paid to administer the will of the governing body, nothing more. Signing off and administering without any oversight makes him more powerful than the Council.So with the new Charter, the City manager has all the power and doesn’t even have to live in the city.

GOOD DEAL FOR THE CITY MANAGER, BAD DEAL FOR PALM BEACH GARDENS.

2. City Clerk: The revised charter would have the City Clerk reporting directly to the City Manager who has no oversight. I suggest the City Clerk report to the Mayor. This would serve as checks and balances the same as Federal Gov’t.

FAIR DEAL FOR EVERYONE.

3. The Mayor: In 1969 the executives of Banker’s Life and Casualty gave the keys to the city council. The mayor at that time was paid a stypence as it was a part time position. At the time there were fewer than 6,000 residents and about a dozen employees.

Today there are over 50,000 residents, development for another 20,000, and 680 employees. The Palm Beach Gardens Mayor’s position is still a PART-TIME position. It is time for a FULL-TIME PALM BEACH GARDENS MAYOR. A full time Mayor that will have regular office hours, be committed to serving PBG residents as it’s only vocation with appropriate salary and benefits. This arrangement including job description would eliminate any perceived conflicts or improprieties as a mayor doing City business out of a personal business such as a Real Estate office and not having a transparent office at the City Hall.

A WIN FOR PBG RESIDENT’S.

Sincerely,

Mike Cirullo

Palm Beach Gardens, Fl.

Two Consecutive Terms are Good Enough for PBC Cities

Not all of the municipalities in Palm Beach County have Term Limits – but most of the larger ones do.  See the chart below.  Note that none of these allow for more than TWO consecutive terms, except for WPB where the Mayor is limited to 2 consecutive 4 year terms, and the Council to 4 consecutive 2 year terms.  All have more meetings and workshops per month than does our Council – and their council and/or commissions have comparable or more complex  jobs (due to the population of their cities)  than does our council, and are all part-time positions.  Most are silent but some specify whether a term-limited member can run again.

Other cities that are similar or larger without term limits, but have term  and election descriptions:

• Jupiter – 3 year terms, Majority Wins, Run-off required
• Riviera Beach – 3 year terms, Majority Wins Run-off required

Why do Politicians Always Break your Heart?

It’s so disappointing.

What is it about political office that turns rational human beings seeking public service into tone deaf politicians out of touch with those who elected them?

None of the PBG Council has been in office longer than 19 months, three for only 7 months. None of them would be there if not for term limits. During their brief tenure, they have gathered respect and appreciation from a citizenry that is willing to give them the benefit of a fresh start after years of arrogance and lack of transparency from the Council they replaced.

So why are they willing to sour the relationship so soon? Why are they picking a fight with the very citizen activists who helped them succeed?

Term limits did not come easy. It took several attempts over years of effort. It took standing on corners and going door to door to get petitions signed. It took a lawsuit to force the city and the Supervisor of Elections to put it on the ballot. It took money and hard work.

Even when 16,000 voters gave term limits a resounding “YES” in 2014 by a 4 to 1 margin, the fight was not over. A candidate who was ineligible under the new rules ran anyway, and the city seated him. It took a lawsuit and an appeal to the 4th DCA to get the city to obey the law and seat the rightful winner Carl Woods.

Now the Council wants to throw all that out and redraw the charter to give themselves 9 years of eligibility instead of the 6 year limit the voters approved. They want to change it again to allow those term limited out to run again. And they want to tinker with the election process to throw out votes cast for withdrawn candidates and not require a majority to win.

As someone who put time and money into this effort, I feel betrayed. As someone who supported Carl Woods and contributed to the effort to seat him in the lawsuit I feel doubly betrayed as he makes the rounds of media appearances telling all who will listen that “everyone I know wants me around for 9 years”. No Carl, you ran with the understanding that 6 years was the limit. Perhaps in your case it should be only 3.

If the Council goes ahead with this it will all appear on the ballot in March of next year (2018), at a time when no candidates are up for election and the turnout is expected to be very low. You can bet that the council and the city will do all they can to drive their cronies to the polls to support this betrayal of the voters, and those who believe in term limits will have to spend more time and money to defeat it.

So sad. And so avoidable.

Martino: Don’t touch our elections! Don’t touch our term limits! Leave them alone!

On Election Day, November 4, 2014 the registered voters of the City of Palm Beach Gardens were asked to vote YES or NO on the following ballot question…

SHALL THE PALM BEACH GARDENS CHARTER BE AMENDED TO ESTABLISH TERM LIMITS PROVIDING THAT CITY COUNCIL MEMBERS SERVE NO MORE THAN TWO CONSECUTIVE THREE YEAR TERMS

An overwhelming majority of approximately 80%, or 16,000 registered voters, answered YES. With that kind of majority vote there is no question or ambiguity about the registered voters’ intent. The resounding message to the City Council then and now is that CITY COUNCIL MEMBERS SERVE NO MORE THAN TWO CONSECUTIVE THREE YEAR TERMS.

At the October 8th City Council meeting the duly appointed but less than representative of all of Palm Beach Gardens residents, City Charter Committee, submitted its report with its recommendations to the City Council. Three of their most controversial recommendations are…

1. Change the Term Limit Law to allow City Council members to serve three consecutive three year terms instead of two consecutive three year terms.  Comment: Ballot language must exclude present City Council members.
2. Allow City Council members to run again for three consecutive three year terms after they have sat out one three year term.  Comment: Ballot language must exclude present City Council members. When does this end?
3. Allow for plurality of votes cast to elect City Council members rather than a majority vote as presently required.  Comment: Majority must rule. It’s American and the democratic way.
4. Change current election language from “a majority of votes cast” to language that would eliminate the intent that every vote cast must count in every contested race or issue without question, as the charter now states and Courts affirmed.  Comment: Every vote that is cast must count per current charter language and as the Courts ruled in the Woods – Levy Council race, in 2016. No circumstance can undo a legally cast vote from being counted. A cast ballot is a sacred vote that is untouchable.

The City Council authorized the City Attorney to take the above along with other committee recommendations and legalize them for ballot consideration in March of 2018. I urge the City Council to reconsider their affinities toward these recommendations. I urge the City Council to vote NO to moving forward with a ballot question whose perception is that of self-serving political machinations.

In my opinion, the three recommendations above undermine and thwart the will of the 16,000 registered voters who voted for the Term Limits Law. In essence these recommendations disenfranchise the ballots of 16,000 registered voters. It also conflicts with the results of several candidate lawsuits and the City’s own lawsuit in which two levels of County courts validated the Term Limits Law as is.

Still further, as history suggests, a March 2018 election with no contested Council races in Palm Beach Gardens would generate a voter turnout of approximately 10% of the registered voters, considerably less than a November election. Thus, a small minority vote of, perhaps, 1,500 votes could obviate the votes of 16,000 registered voters.

The ink is hardly dry on the codification of the Term Limits Law. None of the current City Council members have served a single term yet. Their seats are barely warm! Yet they are changing a Law that they clearly understood existed and applied to them when they very recently, March 8, 2017, stood for election to the City Council. In fact, if not for the Term Limits Law, perhaps, none of them would be serving as City Council members. Their opportunity to serve is in many respects because of the Term Limits Law.

My message to the City Council is a simple one…

Don’t touch our elections! Don’t touch our term limits! Leave them alone!

Proposed Term Limits Weakening Dominates Meeting

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.

Next City Council Meeting on October 12th, 2017 at 7pm

• Charter Review Committee Final Report

• Charter Review Committee Final Report  – The Charter Review Committee met several times and has submitted recommended modifications to the City’s Charter including:
  • elimination of duplicative, ‘unneccesary’, or sections covered by State Statute
  • removing residence requirement for City Manager
  • increasing number of allowed consecutive Council Member terms
  • allowing for term-limited Council Members to run again
  • changes to Council Member Elections – allowing for plurality instead of majority, and not counting certain votes when tallying total number of votes in election results.
• The report can be read here.  The Council will decide which if any of the proposed changes will be placed on the March 2018 Uniform Municipal Elections ballot in ordinance(s) to appear on the November and December agendas.

• Purchase Award for Rental of Motor Vehicles (Police) – 5 year contract to rent unmarked vehicles on an as-needed basis.  $40K/year for 5 years for total contract of $200K.  Not publicly solicited.
• Purchase Award for Management of Food and Beverage Operations at Sandhill Crane Golf Club – bid waiver since sole bid responder was not recommended by the Selection Committee. Contract value of $1 million over 5 years;  One Million Dollars (expected revenue to City over First Term). Option to renew for two additional 5-year periods.
• Purchase Award – Piggyback/Access contract to construct a public safety training complex for the Police and Fire Rescue Departments, value $250K.

City Manager Report  – no details listed

• Ordinance 22, 2017 – 2nd Reading and Adoption of the Ban of Medical Marijuana Treatment Facilities which passed on First Reading 5:0 on September 7th
• Ordinance 23, 2017 – 2nd Reading and Adoption of a Moratorium on Micro Wireless Facilities through December 31, 2017, which passed on First Reading 5:0 on September 7th
• Resolution 71, 2017 – to approve a miscellaneous amendment allowing for 3 Residential Community Entry Signs for Burwick Residential Community in PGA National
• Resolution 68, 2017 – Appointments and Re-appointments to the Art in Public Places Advisory Board (AIPP)
• Resolution 69, 2017 – Appointments and Re-appointments to the Parks and Recreation Advisory Board
• Resolution 70, 2017 – Appointments and Re-appointments to the Planning, Zoning and Appeals Board (PZAB)

Check the agenda to see if any additional items have been added before the meeting here.

Two Budget Hearings result in 7.4% Increase in Property Tax Revenue

The City Council voted to hold operational millage flat at 5.55% at both Fiscal Year 2017/2018 Budget Hearings on September 7 and 25, 2017.  Even for those on the Council who would have liked to reduce property taxes somehow they concluded that it looks worse to residents, and is worse to lower the tax rate now and then have to raise it later. Legislative issues, potential passage of the 2018 ballot question on additional homestead exemptions as well as need for reserves due to storm impacts, all weighed into the debate. See Taxes to rise for many in Palm Beach Gardens from the Post, which covers some of the Council’s rationale.

The Council meetings spanned Hurricane Irma. On the 7th, City Manager Ferris gave a detailed update on Storm Preparation  and then on the 25th gave a summary of the actions taken to recover from the storm and bring the City back to full function as soon as possible.

The September 7th council meeting also passed 5:0 first readings on:

• Ban of Medical Marijuana Treatment Facilities and Dispensaries
• Moratorium on Micro Wireless Facilities until December 31, 2017 – allowing regulations to be developed consistent with State statute
• Rearrangement of Floodplain Management Regulations

Also passed were:

• 2nd Reading and Adoption of Operation of Mobile Food Trucks
• Art in Public Places resolution for La Posada
• Approval of FPL Watts Substation on utility parcel at Alton

The September 25th council meeting featured a short presentation by Joseph St. Germain on the 2017 Resident Opinion Survey. The survey can be read in its entirety here  and the Post has a short recap. The survey was quoted in several places in the budget documents to bolster rationale for future action plans.

Summaries by the council during Items of Resident Interest raised issues with recent (and expected) actions by the State Legislature that severely impact Home Rule.

Besides the adoption of the Tax Levy and Millage rate and the adoption of the FY 2017/2018 Budget, the council passed 2nd reading on the two ordinances related to the Floodplain Management Regulations 5:0.

The October 12th City Council meeting will feature the recommendations and report of the Charter Review Committee.