Next City Council Mtg on Thursday, May 3rd at 7PM

• State Senator Bobby Powell – Legislative Update
• Fiscal Year 2017 Audit Report by Marcum LLP

• Resolution 22, 2018 – Approving plat for Nuvo Business Center 
• Resolution 23, 2018 – Project Knight – In February Council Meeting Resolution 7, 2018 appproved $70K in economic incentives.  This would provide another $140K ($1400/job for 100 jobs) to the company.
• Resolution 25, 2018 – Request that the SOE conduct the City’s Special Election in August.  Costs are listed as TBD.
• Purchase Award – Piggyback/Access contract for Real Estate Brokerage Services for sale of property at 9290 Park Lane listed to be above $65K
• Purchase Award – Openly competed for Replacement of Irrigation Pump Stations –  $136K
• Purchase Award – Openly competed for School Crossing Guard Services for 5 years – $1.5 Million

City Manager Report  – no details listed

• Resolution 19, 2018 – Request from Frenchman’s Reserve Country Club for approval for installation of 50′ Flag Pole at the Country Club
• Ordinance 6, 2018 –  first reading – Repeal and replace of Chapter 26 (Elections) in the City’s Code of Ordinances – rationale given is SOE request to make qualification dates earlier – however there are other significant changes throughout the document!
• 2nd Reading and Adoption of Ordinances 7-9, 2018  – Referendum Questions 1,2 and 3 which will appear on the August 28, 2018 Primary Election – pertaining to Term Limits, Repeal/Replace of the Charter, City Manager Residence.
• Ordinance 10,2018 – Voluntary Annexation 14+ Acre Seacoast Utility Authority Parcel 
• Resolution 24, 2018 – Supporting the Steeplechase community for the installation of a noise wall for the planned future State Road 710 (Beeline Highway)/ Northlake Boulevard roadway expansion project

Items for Council Action/Discussion:   

• Resolution 26, 2018 – Firearm Control….Calling on the State of Florida and the Federal Government to reduce gun violence in America and help prevent future occurrences by enacting common sense gun control legislation, enhancing mental health programs, and increasing school security measures.

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

First Reading Completed on Three Charter Questions

The Council had a relatively brief and lightly attended Special Meeting on Thursday April 19 to review the proposed language for the August 28th ballot.  City Clerk Snider read all of the required ordinance language for Ordinances 7-9, displayed the ballot language and then the Council proceeded to discuss the 3 questions individually.

Ordinance 7, 2018 passed 4:1 with Council Member Lane objecting.   He restated his position that 2 4-year terms would be better.  Council Member Marciano appreciated the position however 3 3-year terms is what was going on the ballot.  The question reads:

CITY OF PALM BEACH GARDENS REFERENDUM QUESTION NO. 1

SHALL THE PALM BEACH GARDENS CHARTER BE AMENDED TO
CHANGE FROM THE EXISTING TERM LIMIT WHICH PROHIBITS A
COUNCIL MEMBER FROM BEING ELECTED TO MORE THAN TWO
CONSECUTIVE FULL TERMS TO A TERM LIMIT THAT PROHIBITS A
COUNCIL MEMBER FROM SERVING FOR MORE THAN THREE
CONSECUTIVE FULL TERMS AND MAKING THE CHANGE APPLY TO ALL
SITTING COUNCIL MEMBERS?

SHALL THE ABOVE DESCRIBED QUESTION NO. 1 BE ADOPTED?

Ordinance 8, 2018 – the repeal and replace of the base charter, passed 5:0.  Council Member Lane asked for a few changes in the wording of the Ordinance to ensure that the items already passed in the March 13, 2018 election were preserved.  City Attorney Lohman agreed to make the changes.  The language is considerably different than that voided in March (formerly Question 1) and specifies a list of modifications present in the new charter.  Exhibit A also clearly shows what former wording, new wording, removed and new reorganization of the sections will be so that the voter can understand the modifications.  Left in the charter are the requirement for charter reviews, as well as the requirement to annually review the City Manager.   Scroll down to page 9 of this link to the beginning of exhibit A.  The question reads:

CITY OF PALM BEACH GARDENS REFERENDUM QUESTION NO. 2

SHALL THE CITY CHARTER BE AMENDED TO REMOVE
PROVISIONS THAT ARE OUTDATED, UNNECESSARY OR CONFLICT
WITH STATE LAW INCLUDING MUNICIPALITY, CITY CLERK, AND
CITY TREASURER SPECIFIC POWERS/DUTIES; OATH OF OFFICE;
MERIT SYSTEM; PROCEDURE REMOVING COUNCILMEN,
QUALIFICATION OF ELECTORS, COUNCIL MEETING AND
PROCEDURE, AND OTHER PROVISIONS; REVISE COUNCILMANAGER
RELATIONSHIP; CHANGE FILLING OF VACANCIES;
LIMIT INITIATIVE/REFERENDUM; DEFINE “FULL TERM”; REMOVE
COUNCIL CONFIRMATION OF EMPLOYEES AND OTHER CHANGES;
AS PROVIDED IN EXHIBIT A, ORDINANCE 8?

SHALL THE ABOVE DESCRIBED QUESTION NO. 2 BE ADOPTED?

Ordinance 9, 2018 – City Manager Residence also passed 5:0 after some discussion.  Resident David Parks made public comment praising the Council and City Attorney Lohman for getting it right, thanking City Manager Ferris for a well run city, thanking City Clerk Snider for accomodating his numerous records requests, and thanking City Council Member Litt for assisting on 5 year charter reviews staying in the Charter.  The question reads:

CITY OF PALM BEACH GARDENS REFERENDUM QUESTION NO. 3

SHALL THE PALM BEACH GARDENS CHARTER BE AMENDED TO
REMOVE THE REQUIREMENT THAT THE CITY MANAGER BE A
RESIDENT WITHIN ONE YEAR OF APPOINTMENT AND INSTEAD
PROVIDE THAT ANY RESIDENCY REQUIREMENT FOR THE CITY
MANAGER BE DETERMINED BY THE CITY COUNCIL IN THE CITY
MANAGER’S EMPLOYMENT CONTRACT?

SHALL THE ABOVE DESCRIBED QUESTION NO. 3 BE ADOPTED?

All 3 ordinances will be on the agenda for 2nd reading and final vote on the May 3rd City Council Meeting.

 

Updated – City Council Special Mtg on April 19 at 6PM to Discuss Charter Questions

Updated 4/18 – City posted agenda and ordinances

• Ordinance 7, 2018 – Changing term limits from 2 3-year terms to 3 3-year terms
• Ordinance 8, 2018 – Repeal and Replace of the Charter with Exhibit A – the ‘New’ Charter
• Ordinance 9, 2018 – Removing the Residency Requirement for City Manager and making it a contract item as determined by Council

Here are the proposed ballot questions:

Check for an agenda here to see the details of the meeting.  I will post more information on the PBGWatch website and facebook page as it becomes available.

Please read The Face of the City and Imperious City Staff Publicly Bullies Two Gardens’ Residents covering the April 5th City Council Meeting.  Also checkout the latest Martino Minute entitled City… Intimidation, Humiliation, or Bullying!

We get the government we deserve – and it’s up to us to watch what they do.  Hope you can make it. If you can’t make the meeting try and watch live-streaming or on-demand.

Martino: City… Intimidation, Humiliation, or Bullying!

Have you ever heard of a Kangaroo Court? A Kangaroo Court can be defined as an unofficial or mock court set up spontaneously for the purpose of delivering a judgment arrived at in advance; usually a verdict has in reality already been decided before the trial has begun. The term may also apply to a military court, a court held by a legitimate judicial authority, or a court held by political decree. Usually, these courts intentionally disregard legal or ethical obligations and are characterized by dishonesty and/or incompetence. The defendants in such courts are often denied access to legal representation and in some cases, proper defense.

On April 5th, at their only monthly scheduled meeting with the Public, the City Council of Palm Beach Gardens convened their unique version of a Kangaroo Court under the guise of a political decree. That’s my opinion. It might be yours, also, if you view the video of said meeting, and more particularly, agenda Item IX, the City Manager Report, which is devoid of an announced topic.

In February the City Council issued a political decree to the City Manager for a report concerning two particular residents who have continuously raised various issues and complaints at Council meetings and with the City Administration. The report was to explain the persistent complaints that have continued over time about the various issues that the two residents deemed injurious and the City’s positions and responses. It is my understanding that prior to the political decree and ultimate report, penalties and punitive measures, both lawful and otherwise, had already been meted out to the two residents in question as retribution for their indiscretions. One has had all phone calls and emails made to the City blocked and had been advised that all further contact with the City should be conducted in person or in writing. The second resident had been assessed fines totaling $150,000 which was reduced to $40,000 through mediation, and paid.

However, back to the City Manager’s “report”, which was not a “report” at all, but a 38 minute Kangaroo Court. It was a trial in absentia of the two referenced City residents which amounted to a public humiliation of them in addition to the penalties and punitive measures described above. The trial was conducted by the City Manager as Chief Prosecutor, with the City Attorney, the Assistant City Attorney, the City Engineer, and the Deputy Assistant City Manager as his Assistant Prosecutors. The City Council was presiding in a manner reminiscent of a sphinx. Throughout the intimidation of this trial their silence was pervasive.

The “report”, from my perspective, could have and should have been no more than a 5 minute verbal summation by the City Manager and a written account of further details, if necessary. Instead, the Public was subjected to a Kangaroo Court. It was a costly, well rehearsed, verbal and pictorial “trial” complete with charts and anecdotes, that “tarred and feathered” the residents in question without them afforded an opportunity to refute. The “innocence or guilt” of the residents in question is not mine to assess. However, their public humiliation was a senseless exhibition of bullying by an Administration that appeared to be frenzied and out of control.

There simply is no justification for this 38 minute Kangaroo Court, trial, “report”, or whatever the characterization may be, of the two referenced City residents, or any other residents for that matter. There is and are no redeeming qualities to be found in attacking residents, publicly, in this manner regardless of the circumstances, particularly, when penalties have already been assessed. This “report” should not have been scheduled for any City Council meeting agenda as presented. From my perspective, the Mayor and City Council bear the brunt of responsibility and their offices have been demeaned.

When elected officials raise their right hand to swear the oath of office the words, humiliation, intimidation, or bullying, are nowhere to be found.

The Face of the City

Council members demonstrated different sensitivities at the beginning of April’s City Council meeting. Mayor Marino wanted to alter the agenda to bring forward Presentations.  Council Member Lane requested that the Reorganization be brought forward since he had to leave in observation of Passover.  Council Member Marciano was in support of Lane’s request.  Council Member Woods was quick to reply that he felt the Presentations should be remain as Marino suggested – which would have explicitly disenfranchized Lane from the Reorganization vote.   Council Member Litt was concerned about how long the reorganization might take. All were deferring to the Mayor. Before she could decide, State Representative Roth, who was part of the presentation agenda, piped in and broke up the hesitation by saying that he had no problem waiting and the issue was resolved to allow the Reorganization to occur first.

Marciano nominated Mayor Marino as Mayor, Litt seconded it – both citing stability for the City. Woods spoke in support of the choice describing Ms. Marino as the ‘Face of the City’ over the last year. The vote was unanimous, and Council Member Marino was ‘re-elected’ as Mayor.  Lane nominated Marciano for Vice Mayor; Marino countered with Woods. The issue was resolved when Council Member Marciano withdrew his name from consideration and Carl Woods was ‘elected’ Vice-Mayor.

Both State Representative Rick Roth and Mat Forrest gave summaries of the legislative session, and City Manager Ferris, along with Forrest and Roth praised Elicia Sanders, Assistant to the City Manager for her involvement in the process. Renee Gold, a Manager at Publix on Northlake, and Kamilla Soares, Paramedic saved the life of a woman who had passed out in the Publix with CPR. For their quick response and action, the two were awarded the City’s Citizen Lifesaving Award. Also recommended was the PulsePoint medical app that monitors and alerts to emergencies. Residents were encouraged to learn hands-free CPR; classes are offered at Fire/Rescue on the third Thursday of every month. See the Palm Beach Posts coverage of the presentation.

The March 13 Elections results were declared and approved 4:0.

Comments From the Public included:

• Tom DeRita, representing Steeplechase, spoke about the community’s concerns regarding FDOT plans
• Maxine Cheesman introduced herself as candidate for Palm Beach County Circuit Court Judge
• Paula Magnuson handed in letters to the Council, to the Clerk – expressing concerns about her censorship by the City (which was confirmed by the City Manager later)

City Manager Ferris began his report by saying that the previously proposed meeting with FDOT and the Steeplechase Community would be moved until June 7th at 6pm. He then, claiming reluctance, started a disturbing 35 minute presentation entitled “Council Directive From February 2018 Council Meeting”.  Residents should read “Imperious Staff Publicly Bullies Two Gardens Residents” to see how staff considers residents who are dissatisfied with their treatment.

The Consent Agenda and Ordinance 2, 2018 regarding regulations for Home Solitication Sales Passed 4:0.   Nuvo Business Center’s proposed AIPP (Art in Public Places) statue by Mark Fuller raised concerns by the Council that it would be magnet for children attempting to scale the statue  . Staff and Fuller agreed to work together to come up with a satisfactory solution with statue and landscaping modifications.

Charter Questions will once again be on the Ballot during the August 28th Primary.  Resident Jane Feinstein spoke in favor of extending the term limits from two to three consecutive terms.  Both Council Members Litt and Marciano suggested that the questions related to the base Charter be broken out into a few separate questions, and that Charter Reviews remain in the Charter. City Attorney Lohman said that he’d already decided to do the latter and planned to create questions that would be immune to those who ‘litigate for sport’. Question 2 would be re-drafted as well. While SOE Bucher at first rejected the City’s request, two other municipalities – Lake Worth and Boca Raton were also going to require ballot questions, so she relented.

The schedule is as follows:

• April 19 – City Council Special Meeting at 6PM to review and vote on First Reading of proposed referendum questions
• May 3 – City Council Meeting – 2nd Reading and Adoption of proposed referendum questions
• May 11 – Deadline to transmit the ballot language to the Supervisor of Elections for inclusion on the August 28, 2018 ballot

Items for Council Action and Discussion included a few adjustments to external boards and committees, as well as discussion of a resolution to be sent to FDOT regarding issues related to Steeplechase.  But of additional resident interest were two topics that will be on future agendas:

• Council Member Litt suggested that the City prepare a resolution, as have other municipalities in Florida, regarding regulation of assault weapons. Council Member Marciano was in support of the preliminary steps the legislature and Governor had taken, was proud of the Parkland students actions, seconded his opposition to assult weapons, and voiced his concerns about safety not just in the schools but in other public places. City Manager Ferris felt that this should be a future agenda item with full Council attendance and the opportunity for public comment and development of a clear directive.  Council agreed.
• Council Member Marciano suggested that sometime in the next few months the Council should discuss a succession/transition plan, to be worked out prior to the following April reorganization meeting.  Council Member Woods liked the idea and suggested that there be public input into who should be Mayor and Vice Mayor.

Imperious City Staff Publicly Bullies Two Gardens’ Residents

I’ve attended most City Council meetings in the last 7 or 8 years and watched any that I missed. Thursday night’s unseemly spectacle had staff showing what an avenging government can do to the ‘little people’- squash them like bugs. At the same time, staff displayed fear of those same residents. While tempted to walk out, I felt compelled to sit through the entire dog and pony show as Paula Magnuson and Kevin Easton were humiliated.

In February, the council asked City Manager Ferris to give the Council, for the next meeting, details on the code enforcement activities regarding the Easton properties over the last few years, plus a brief explanation of Ms. Magnuson’s issues. I know that I, along with the referenced parties, expected the subject to be presented in March – which didn’t happen. A brief explanation would have been short, outline key issues and resolutions and stop there.

Instead, the City Manager conducted a 35 minute trial with staff being the prosecutors arguing their cases. Lined up at a table were the City Engineer, Assistant City Manager Stepp, and Assistant City Attorney with additional input from Ferris and City Attorney Max Lohman. The City spent many hours pulling the history and presentation together. There were photographs, anecdotes, charts. And the ‘defendants’ were offered no opportunity for response. Watch the video here.

Surely what transpired was not what the Council requested or expected?  The Council (Matthew Lane had to leave the meeting earlier in observation of Passover) did not stop the presentation – which they certainly could have done.  A couple of the Council looked a bit uncomfortable but that was it. I would have been mortified.  Perhaps Council was reluctant to admonish the City Manager and staff in public – but we, as horrified citizens, would hope that they do so.

In January I penned Whiffs of Aristocracy and Intimidation a New Trend for This Council.  The Council and the City continue to create an environment where we, the residents and taxpayers, are to shut up and behave while they continue their mutual admiration society of perfection.

Next City Council Meeting on April 5th at 7PM

• State Representative Rick Roth – Legislative Update
• Mat Forrest, Ballard Partners – Legislative Session Summary
• Recognition of Kamilla Soares and Renee Gold for Emergency Response

• Resolution 15, 2018: Lease of Two 2018 Braun Super Chief Type 1 Medium Duty Ambulances from Ten-8 Equipment, Inc. and financed through Leasing 2, Inc. in the amount not to exceed $680K
• Resolution 17, 2018:  Approving the Alton Planned Community Development (PCD) Neighborhood 3 (Parcel E) Plat. 
• Resolution 18, 2018:  Approving the Alton Planned Community Development (PCD) Neighborhood 4 (Parcel F) Plat. 
• Purchase Award:  Prefabricated Metal Building Shell for Golf Maintenance Facility, openly competed, in the amount of $316K
• Purchase Award:  Landscaping Services – Alternate AlA Beautification Project– Piggyback/Access Contract – $320K (The City applied for and was awarded a grant in the amount of $100,000.00 from the Florida Department of Transportation through the Florida Highway Beautification Council to install landscaping along Alternate AlA from Burns Road to the City’s southern limit. The project includes installing plantings along the western road shoulder and center medians, as well as upgrading the existing irrigation pump station north of Burns Road.)
• Purchase Award: Contract Labor Services for Golf Course – exercising option to renew for two years – $240K
• Purchase Award: Special Magistrate Agreement – Independent Contractor Agreement – re-appointing Kevin M. Wagner as Code Enforcement Special Magistrate (served as such since Dec. 7, 2000), 3-year contract estimated at $17K/year.

City Manager Report  – no details listed

• Ordinance 2, 2018 – 2nd Reading and Adoption:  Amending Chapter 18. Businesses. at Article II. Peddlers and Solicitors. in order to adopt the regulations pertaining to Home Solicitation Sales
• Resolution 16, 2018 – A request from Nuvo Riverside, LLC to approve proposed on-site artwork to meet the AIPP requirement for the Nuvo Business Center at the Gardens, located on the northeast corner of Riverside Drive and Buckeye Street, south of Burns Road, in the Business Center at the Gardens PUD
• Resolution 21, 2018 –  Resolution seeking direction to draft Charter Ballot Language, call for a Special Referendum Election, and enter into an Agreement with the Palm Beach County Supervisor of Elections to conduct the Special Election. 
  • Timeline for the August 28, 2018 Primary Election:  
    • April 5, 2018 – direct the City Attorney to develop ballot question(s)
    • May 3, 2018 – first reading of Ordinance(s) with question(s) for the ballot
    • May 17, 2018- Proposed date for a Special City Council meeting for second reading and adoption of Ordinance(s) with question(s) for the ballot
    • May 30, 2018- deadline to receive approval from the SOE to enter into a separate Agreement to conduct a Special Election. 

Items for Council Action/Discussion:   Appointments to External Board and Committees

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