Please Vote NO on 3/13 – Palm Beach Gardens Election

• A Yes vote on Question 3 means that term-limited Council members can serve again with a 3 year sit-out between each 6 years in office.  There is no limit to the number of cycles that can be repeated.
• A Yes vote on Question 4, switches from Majority Wins (50%+1) to Plurality wins.  In a 2-candidate race there is no difference.  However in a multi candidate race, an incumbent can encourage other candidates to enter the race, thus diluting the votes and allowing the candidate with the most name recognition to win with a small percentage of the vote.

 

Contentious Emergency City Council Mtg Decision No Appeal

An emergency  City Council meeting was called sometime on March 5th for the following morning, March 6 at 8am to decide whether or not to appeal the decision on the ruling by Judge J. Joseph Curley, Jr. finding ballot Questions 1 and 2 invalid, last Friday March 3rd.

The meeting had a lot of fireworks and should be seen to be appreciated – however the outcome was that the City will not appeal, but should the plaintiff, Sid Dinerstein appeal the results on Questions 3 and 4, City Attorney Lohman was given the authorization to cross-appeal (thus re-challeging Questions 1 and 2).  The vote was 3:1 with Council Member Lane voting NO and Council Member Litt not present.

No Mention of an Election or a Lawsuit at March 1 City Council Meeting

The March City Council meeting began on a somber note as all stood for a moment of silence for those lost and affected by the Parkland shooting.  While there were no presentations on the agenda, Mayor Marino read a proclamation to Remember and Honor the Vicitms (Marjory Stoneman Douglas High School – Parkland, FL).

Council  Member Litt, during Items of Resident Interest and Board/Committee Reports discussed how she (and other on the Council echoed her comments) was approached by folks asking what is she going to do about guns.  She decried the City’s inability to act – even on whether or not there could be a gun show at the Amara Shrine Temple, as well as the continued assault on Home Rule.  See the Palm Beach Post article here.

Public Comment was made by Louis Satriano of Lake Catherine.  He was concerned about a meeting that was held with residents by the developers of Northlake Gardens, saying that they were going to change the plans for the center to include more stories and apartments.  Director of Planning and Zoning, Natalie Crowley, assured him that there have not been such plans submitted or approved yet.

The Purchase Award for Banking Services for $675K was pulled by Council Member Lane so that Purchasing Director Km! Ra would do an update.  That item and all on Consent Agenda passed 5:0. All items on the Regular Agenda – Ordinances 2, 4, 5 2018 and Resolution 13, 2018 passed 5:0.

During Items for Council Action/Discussion – Council Member Litt suggested and the others on the Council agreed, for City Manager Ferris to look into what it would take to be certified as  Sun Safe City – which both she and Mayor Marino learned about during a meeting on Melanoma.  Council Member Marciano lamented the anger that is being directed to the Council (presumably about the election/ballot questions) and suggested that while it was good to be involved locally that the anger should be directed elsewhere since Palm Beach Gardens is a wonderful city and because there are so many much bigger issues on the state and national levels.

The City Manager did not mention the emergency hearing about the lawsuit;  even more surprisingly – City Attorney Lohman had no City Attorney report.  While one would not have expected a detailed discussion – the suit was not even acknowledged.  The judge in the case made a ruling on Friday, the next day.  See Judge tosses half gardens ballot questions but election go on .  Nor did anyone on the Council encourage those in attendance to vote on March 13, 2018!

So Gardens’ voters – Please VOTE ON MARCH 13!

 

 

Next City Council Meeting on March 1st at 7pm

 

• Purchase award for Aquatic Vegetation and Exotic Species Management – Openly Competed – 2 yr term with no renewal – $74K
• Purchase award for Employee Benefits Consulting Service – Piggyback/Access contract – 2 yr term with no renewal – $140K
• Purchase award for Modifications to Concession Stands at Gardens Park – Bid waiver – sole bidder was too high, so executed bid waiver to come up with value-engineered solution that met budget – one year, not renewable – $513.5K
• Purchase award for Ballistic Helmets and Vests for Fire Rescue – sole provider, bid not applicable – $87K
• Purchase award for Repairs to Roof at Burns Road Recreation Center – piggyback/access contract – $362K, not renewable.
• Purchase award for Banking Services – Openly Competed – 5 yr term – no option to renew – $675K

City Manager Report  – no details listed

Public Hearings and Resolutions: 

• Ordinance 2, 2018 – First Reading – Adopting Regulations Pertaining to Home Solicitation Sales – adopting County-wide registration process.
• Ordinance 4, 2018 – 2nd Reading and Adoption – An amendment to the City of Palm Beach Gardens Police Officers’ Retirement Trust Fund.
• Ordinance 5, 2018 – 2nd Reading and Adoption – A request from A1A Cabana Partners, LLC., for a Voluntary Annexation of a 0.85-acre parcel located on the southeast corner of the intersection of Alternate A 1A and Florida Boulevard approximately 0.5 miles south of Hood Road.
• Resolution 13, 2018 – Approving a Planned Unit Development (PUD) amendment to replace the existing fabric awnings with a louvered metal awning system at the Cooper Restaurant at the PGA Commons PUD

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

March 13 City Election:

By now you’ve heard from the City via calls, emails, flyers and social media.  Please get educated with  more information before you vote and then VOTE.  Here are some of our most recent articles:

• Vote but Vote No on Questions 1 Through 4
• Rebuttal to City’s Misleading FAQs
• Martino:  “Fixes”…no thank you
• Martino: Charter questions…information is missing

Please read our summary of the February 2nd  Council meeting entitled “Tallahassee Impacts on Home Rule a Significant Concern to the City.”

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.

Rebuttal to City’s Misleading FAQs

The City of Palm Beach Gardens spent $60,000 of tax-payer dollars to hire a consultant to produce a campaign for the March 13 Election.  The flyer, robo-call and website have the theme “help fix our charter” and much of what is in this purportedly neutral campaign is misleading at best.  Here is a rebuttal for each of the most egregious statements found on the ‘Fix Our Charter’* website.

What is the Charter Review Committee?

Tallahassee Impacts on Home Rule a Significant Concern to City

The February 2nd meeting was fairly brief, ending before 8:30.  All ordinances/resolutions passed 5:0 or 4:0 when one of the Council Members wasn’t in the chambers.  The most significant items were those not specific to Council votes.

Presentations:

• The recognition and honoring of Evan Travers, Palm Beach Gardens Fire Explorer Post #705, who last April, assisted in the rescue of a driver and passenger in car accident, with the assistance of other passers-by – getting the crash victims to safety before the crashed car burst into flames.
• Joe Corrao of Public Works explained the new Fleet Leasing Program (covered on Consent), which will allow for turn-over of all vehicles on a 5-year schedule instead of the current 10+ year schedule, reduce fuel and maintenance costs, reduce mechanic hours on vehicle maintenance and also save money.  The vehicles will also be turn-key – ready to use, instead of the normal 90 days it takes to configure a new vehicle for use after purchase.

City Manager Report:

• City Manager Ferris, in explaining the Home Rule resolution (on Consent Agenda), outlined the bills currently being considered in Tallahassee which will severely impact municipalities’ Home Rule by taking away rights of those municipalites to control their own policies at the same time causing significant fiscal impacts. It is worth watching Mr. Ferris’ presentation for the list of bills and their impacts!  Or read the Palm Beach Post article entitled “Palm Beach County cities take fight to Legislature on home rule bills“.

Items of Resident Interest

• Most on the Council mentioned that they attended the Palm Beach County Commission meeting where the County passed the final agreement approving the District Park.
• Announcements made by Mayor Marino:
  • Jack Doughney, Assistant City Manager recently retired. Chief Stepp is assuming the position of Interim Assistant City Manager and Clint Shannon is assuming the Interim Chief of Police Chief.
  • Sandhill Crane Club House Grand Opening will be held on February 18 from 2-6pm – all are welcome.
• Council Member Litt on the profound affect on  attending the screening “I am Jane Doe” – at the County Chambers, on Human Trafficking which occurs in all 50 states. She also mentioned that teachers and first-responders in the County are being trained to know what to look for.

Comments from the Public:

• Mayor Marino started this portion of the Agenda reading the newly changed Comment Card procedure – which states that cards must be submitted before the start of the specific agenda item.
• Paula Magnuson – expressed dissatisfaction with a council member saying that he would visit people’s homes if they sent him negative emails and praising another for his votes. This was met with an admonition by the Mayor stating that the speaker must address the Council as a body. Ms. Magnuson also handed the Clerk an envelope outlining other issues.
• Adam Gee, Damien Murray – both of the Palm Beach Gardens Soccer Program, and Tony Badala of PBGYAA, all made comments congratulating the Council and the City for completing the agreement with the County for the District Park.
• Carol Easton – wanted the Council to understand the history of Kevin Easton’s conflicts with the City as he tried to make improvements to the Sunset neighborhood, with her perceived heavy handed Code Enforcement as the repercussion.
• Former Mayor/Council Member David Levy gave an update report as the City’s representative to the Loxahatchee River Management Coordinating Council; he was just appointed/elected to be Secretary of the Council. He talked about a wet district called Palomar, spanning Martin and Palm Beach County. The Council ask that he also give them a written report.

Items for Council Action/Discussion:

Mayor Marino and others on the Council were concerned about an email that Council Member Lane wrote to FDOT on behalf of the Steeplechase HOA. Proper procedure was discussed:  that such issues should be brought before the entire council or to staff, and then the Council would issue such an email or corresondence in the name of the Mayor or the City Manager.  (As an observer, what was also interesting was the attendance of most if not the entire Council at a private HOA meeting.  While they did not make policy or vote on anything there, they attended to hear the subdivision’s concerns. While this doesn’t seem to be a violation of Sunshine, it certainly wasn’t a meeting open to the public.)

City Manager Ferris will 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.

Next City Council Mtg on Thursday February 1st

The next City Council Meeting will be on Thursday, February 1st at 7pm. 

• RECOGNITION OF EVAN TRAVERS, PALM BEACH GARDENS FIRE EXPLORER POST #705
• OVERVIEW OF THE FLEET LEASING PROGRAM (related to purchase award on Consent Agenda)

• Resolution 7, 2018 – “Project Knight” (the world’s largest provider of building technologies) is requesting from the State’s QTI Program economic incentives in the amount of $560,000 with a local required contribution of $140,000, which is 20 percent of the total amount. The company is requesting $70,000 from the City and $70,000 from Palm Beach County.  (Not too difficult to guess which company this might be…)
• Resolution 8, 2018 – Approving the plat for Trevi Isle Planned Unit Development (PUD); the site plan was previously approved on March 2, 2017
• Resolution 9, 2018 –  Approve a resolution supporting the Florida League of Cities Municipal Home Rule and confirming the City’s commitment to the principals of Municipal Home Rule. The Florida League of Cities resolution title reads “A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC .• URGING THE 2017-18 CONSTITUTION REVISION COMMISSION TO STRENGTHEN MUNICIPAL HOME RULE AUTHORITY AND FURTHER RESTRICT UNFUNDED STATE MANDATES. 
• Purchase Award – Long distance telephone service for the Police Department – 3 year contract valued at $119K
• Purchase Award – Transportation Services – Openly bid contract for Recreation Department for as-needed transportation of Summer Camp and other recreational attendees and participants. 5 Year contract, not renewable – for $183.5K
• Purchase Award – Piggyback/Access contract for Purchase of Generators for City Hall, PD, RYEC, and Sandhill Crane Golf Club for $482K.  (note – looks like this is being approved on Consent in advance of approving Ordinance 1, 2018 later in the agenda – which funds the purchase from the Budget Stabilization Reserve Account).
• Purchase Award – Fleet Leasing Program – 5 year Piggyback/Access Contract – Administration – not to exceed $3 million “This program will result in the complete change-out of all current fleet vehicles, including police vehicles and public services vehicles, in five years. The City expects to enjoy savings from repairs, acquisition costs, running costs, etc., over the five-year-period. At the end of that period, the City will decide whether to continue with the program or return to its traditional method of purchasing vehicles. The program includes guaranteed sale prices for the used vehicles at the end of each cycle.”

City Manager Report  – no details listed

• Ordinance 1, 2018 – 2nd Reading and Adoption – An amendment to the Fiscal Year 2017/18 budget to adjust fund balance carryovers to actual amounts; re-appropriate amounts committed from the FY 2016/2017 budget for outstanding purchase orders and open projects.  This also includes transferring $1.8 Million from the Budget Stablization Account for 1. Tennis Center Clubhouse ($1.3 Million) 2. Police Department and City Hall Generators ($425K) 3. Golf Clubhouse Generator ($124K)
• Ordinance 3, 2018 – 2nd Reading and Adoption – update the 5-Year Schedule of Capital Improvements (Table 9A) and Summary of Capital Improvements Program for Palm Beach County School Board (Table 98) of the Capital Improvements Element (CIE) of the City’s Comprehensive Plan. 
• Ordinance 4, 2018 – First reading – An amendment to the City of Palm Beach Gardens Police Officers’ Retirement Trust Fund. Recent changes to Section 185.35(6), Florida Statutes, require that a share plan be established as part of the Palm Beach Gardens Police Officers’ Retirement Trust Fund (“Fund”) to be funded solely and entirely by Chapter 185 premium tax revenues.
• Ordinance 5, 2018 – First reading – A request from A1A Cabana Partners, LLC., for a Voluntary Annexation of a 0.85-acre parcel located on the southeast corner of the intersection of Alternate A 1A and Florida Boulevard approximately 0.5 miles south of Hood Road. The subject site is within unincorporated Palm Beach County and consists of an existing gas station and a dry-cleaning business. 

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

 

Now It’s Up to the Voters

The chambers were packed at the start of the first 2018 City Council meeting. The majority were there to honor the Gardens Gators for winning the Pop Warner Super Bowl. At the conclusion of that portion of the meeting, about half of the chamber emptied out.

Items of Resident Interest and Board Committee Reports was dominated by Council Member Woods decrying emails generated by an action alert regarding charter changes and term limits, and then seconded by Council Member Litt  who added that there was also a facebook ad with their faces on it. She cautioned residents to  be careful of what one forwards or hits send on. Council Member Lane recounted the incredible Hanukkah celebration which included Ms. Litt and former Mayor Jablin, bringing all the temples together for the celebration. He also mentioned a Senior luncheon where the Council were the wait-staff. Mayor Marino covered a PBGYAA fund-raiser, toy drive and plugged the City resident survey results with 94% approval citing police, fire and recreation as the top issues of importance.

City Manager  Report:  Police Major Paul Rogers was recognized for graduating from the FBI National Academy – see the article in the Palm Beach Post , the City’s Holiday Joy Drive benefited over 1600 local children, including displaced victims of Hurricane Maria from Puerto Rico, and discussed the new brush trucks that the City bought, and the item on consent of the purchase of a public education trailer on fire safety – covered by Purchasing and Contracts Director  Km! Ra and Fire Marshall Dave DaRita.

Comments from the Public included heartfelt pleas by Carol and Kevin Easton referencing their long time battle with Code Enforcement and the unfairness of the entire situation. Anthony Badala, President of PBGYAA, thanked the Council for their votes regarding the new County Park and added his support for extending term limits to 3 consecutive terms citing continuity for his organizations successes. Joan Elias, long term resident and a presence at city council meetings for over 23 years, announced that she and her husband will be moving to be closer to their daughter. She also exclaimed her disagreement for term limits and said term limits is wrong for this City.

Public Hearings and Resolutions

Ordinance 24, 2017 pertained to the Annexation of Bay Hill Estates, The Preserve at Bay Hill Estates and Rustic Lakes – second reading and adoption would result in this being placed on the March 13, 2018 ballot for residents of those communities. The majority of those remaining in the chambers were there to speak for or against placing the involuntary annexation on the ballot. Several in Rustic Lakes, while not opposed to annexation, want the vote to be delayed in order to answer their concerns about this ex-urban community being annexed into the city. Others from the community felt that there was adequate time remaining to get educated and get questions answered by election day. More than 10 people spoke, and one individual brought a list of names of Rustic Lakes residents who wanted annexation. There was some discussion between City Attorney Lohman and Mayor Marino explaining the differences between property tax homestead exemptions versus the definition of homestead used by the state for debt or lien protection, as that was one of the concern cited by some of the residents with large properties. Council voted 5:0 to proceed with placing the annexation question on the ballot.

Ordinance 26, 2017 –  Comments pertained to the referendum questions on the charter and the proposed charter replacement.  Speaking against placing the charter questions on the ballot were Kevin Easton and David Parks. Mr. Parks pointed out that Question 1 posits itself as a housecleaning exercise when it does so much more than that – including removing City Manager Residence, and the requirement for Charter Reviews.  Council Member Litt stated that the contract should be place for residence discussion.  Vice-Mayor Marciano – upset by some believing the theory that ‘the fix is in’, and that the Charter Review Committee (CRC) was a result of a conspiracy, explained that the review process has been discussed in the open for 7 months or more, that emotions have been raw and and council members have disagreed. The easy thing would be to buckle under the negative emails and wait. They’re doing the hard thing by placing it on the ballot. He hoped that the election turn-out would be good. Council Member Woods agreed with Council Member Litt – city manager requirements don’t need to be in the charter. Final vote: 4:1.  Lane No.

Ordinance 27, 2017 -The Council had to choose between two versions of the ballot question on changing term limits.  City Attorney Lohman spoke about retroactivity wording in 27B, which he suggested was the best choice as he had during the December workshop. Comments were made by : Nadine Smith – for 27b – she apologized for the email generated by completing a form which sent a letter where she said that she had NOT entered her email address or seen the letter, Linda Monroe, first Gardens’ female mayor – saying she was for term limits, but not for 2 terms and thus was for 27b, Sid Dinerstein was against 27b and suggested the city consider a district structure since some areas of the cities have no representatives, and Jane Feinstein voiced her support for 3 3-yr terms. The council rejected version 27A.  Council Member Litt stated that throughout campaign she had always said that she supported term limits but had voiced her concern about lame duck council and frequent turnover. Palm Beach Gardens is so much better than other cities and county so comparisons with those are invalid.  It takes time to learn and council members need that time. Council Member Lane said why he was for 2 4-year terms. Council Member Woods – attacked Attorney Dodger Arp (not present at the meeting) as the author of wording on the original term-limits referendum petition. He also spoke about  the retroactivity issue, and the council was taking on the hard topic of fixing the charter and not having a lifetime ban. Vice Mayor Marciano explained that having 2 4-year terms was discussed by the CRC and was logistically difficult.  Mayor Marino said that more people have spoken to her supporting 3 3-year terms. She also supported  27b since it  clears up the language  on retroactivity. As to districts, she said that ungated communities have been represented by former mayors Premuroso and Levy, and the candidates we get are those who want to do the work. The public will be deciding the fate of the council and the charter. She’s sure there will be campaigns and if the voters come out their voices will be heard. Council Member Lane said that the electorate had already voted on term limits.   Final vote: 4:1. Lane No.

Ordinance 28, 2017 –  the run again with 3-year sit-out – had been rephrased  in the workshop. There was no public comment.  Council Member Lane had trouble with the ballot language – because it was unclear to voters what they would be voting for versus what is currently stated in the charter and the results of  4th District Court of Appeals which stated that term limited council members could not run again. Council Member Litt reiterated retroactivity. Council Member Woods remarks were addressed to Lane, saying that the time to discuss this was at workshop.  He once again brought up Dodger Arp.  Lane replied that the proposed ballot language on all the questions are legally deficient and will be struck down by the first court that has an opportunity to review them and that the residents will once again pay for a losing case on term limits. Mayor  Marino finished the discussion by saying that the Counicl was NOT getting rid of term limits and that those who voted for term limits were never given a choice as to how many terms, and whenever term limits is on the ballot, it passes.  So the Council was just giving voters an opportunity to decide 2 vs 3 3-year terms and requirement to sit out before running again.  Final vote: 4:1 Lane No.

Ordinance 29, 2017 – plurality vs majority – Public comment by David Parks stating that  70% of Florida cities equal or greater in population to Palm Beach Gardens use majority (50% +1) wins vs plurality. Why is this changing? Where was the outcry to change this? He used PBGWatch’s phrase from 2012 – “Incumbent Protection Act”. Council Member Litt asked City Clerk Snider to list costs for recent elections – however Ms. Snider combined the costs for the entire March 2017 election plus run-off coming up with cost of $191K including advertising.  The discussion most often surrounding plurality vs majority revolves around voters’ rights and turn-out versus costs of run-off elections.  Vice Mayor Marciano  reiterated how great the CRC was, and yes, while the committee included  two people who do business with the city, that it was well run and he was happy with what they did.  Final vote: 4:1 Lane No.

2nd reading and adoption of Ordinance 30, 2017, Ordinance 31 2017 and Resolution 5, 2018 – all pertained to the fleet operations parcel rezoning and future sale and was passed 5:0 with no public comment.

Ordinance 1, 2018 – first reading, amended the budget for FY 2017/2018 with presentation by  Finance Administrator Allen Owens – budget amendments and adjustments relating to the budget stabilization account.  Passed 5:0.  Ordinance 3, 2018 – first reading of annual update to comprehensive plan – capital improvements budget.   None on council wanted a presentation.  Passed 5:0.  Resolution 3, 2018 – Artistry neighborhood in Alton timing of construction of perimeter wall.  Passed 5:0

Resolution 6, 2018 – exclusive franchise agreement for Solid Waste Collection and Recycling with Waste Management – $27 million contract over 10 years, non renewable. Km! Ra – Director of Purchasing and Contracts, reviewed the process, and described that the reason they chose to go with a 10 year contract when going for the proposal was that it made it more appealing to bidding companies. It also takes into consideration the growth of the city over that period. This will require a new contract after 10 years. Passed 5:0.

CITY RESIDENTS WILL SEE 4 BALLOT QUESTIONS ON MARCH 13, 2018;  RESIDENTS OF COMMUNITIES FACING ANNEXATION WILL HAVE A QUESTION REGARDING THE PROPOSED ANNEXATION ON THEIR BALLOTS.  ALL NEED TO GET INFORMED AND VOTE!

Next City Council Meeting on Thursday January 4th at 7pm

• Recognition of the Gardens Gators for winning the Pop Warner Super Bowl

• Resolution 1 2018 and 2 2018 concern agreements with the Supervisor of Elections (SOE) to appoint her (Susan Bucher) to be a member of the canvassing board and to conduct the March 13, 2018 Uniform Municipal Election for the City
• Purchase Award for Janitorial Supplies and Chemicals – 3 year piggyback/access contract for $210K
• Purchase Award for Fire/Rescue – Public Education Trailer (a training aid) – $85K

City Manager Report  – no details listed

• Ordinance 24, 2017 – 2nd Reading and Adoption of the Annexation of Bay Hill Estates, The Preserve at Bay Hill Estates and Rustic Lakes – the voters in the affected communities will have this on their ballot in the March 13, 2018 election.  See the Palm Beach Post article here. 
• Ordinance 26, 2017 – 2nd Reading and Adoption – lists all of the March 13, 2018 ballot questions (1-4) related to the proposed replacement for the City Charter;  it includes a subset of the Charter Review Committee report, a list of the 4 questions with modifications shown, and Exhibit A which is the replacement ‘base’ charter.    Ordinances 27A, 2017 and 27B, 2017 is a choice which the Council must make in order to place their choice of language on the ballot for Question 2 regarding Term Limits.  Ordinance 28, 2017 relates to the sit-out provision, and Ordinance 29, 2017 changes elections from Majority Wins (50%+1) to Plurality Wins.  See our summaries of the last two council meetings with respect to the proposed Charter changes: Council Forges Ahead to Change Term Limits and Elections 4:1  and A Workshop at Last!  
• Ordinances 30, 2017 and 31, 2017 – 2nd Reading and Adoption – are regarding the small scale comprehensive map amendment and rezoning from Public to Industrial for city property located on SW corners of Burns and Ironwood – in preparation for the sale of the property when the new Public Works Building is completed.  Resolution 5, 2018 is a related resolution.
• Ordinance 1, 2018 – First Reading: An amendment to the Fiscal Year 2017/18 budget to adjust fund balance carryovers to actual amounts; re-appropriate amounts committed from the FY 2016/2017 budget for outstanding purchase orders and open projects.  This also includes transferring $1.8 Million from the Budget Stablization Account for 1. Tennis Center Clubhouse ($1.3 Million) 2. Police Department and City Hall Generators ($425K) 3. Golf Clubhouse Generator ($124K) – After the above transfers are made, the Budget Stabilization Reserve Account will total $1,801,124 in FY 2018, which is a net decrease of $718,658 from the originally adopted budget. Unassigned General Fund Reserves are unaffected and will remain at $23,066,106. 
• Ordinance 3, 2018 – First Reading:  update the 5-Year Schedule of Capital Improvements (Table 9A) and Summary of Capital Improvements Program for Palm Beach County School Board (Table 98) of the Capital Improvements Element (CIE) of the City’s Comprehensive Plan.  The proposed amendments are primarily housekeeping in nature and will provide for consistency with the current 2017 adopted budgets of the City and School District.
• Resolution 3, 2018 – Alton Artistry Neighborhood – amendments related to perimiter wall and landscape plans
• Resolution 6, 2018 –  Exclusive Franchise Agreement for Solid Waste Collection and Recycling Services – with Waste Management as the selected provider, (and otherwise known to the public as the Waste Management Contract) – which is one of the largest contracts the Council decides.  This is valued at $27 Million over 10 years!  The new agreement is for 10 years with no option to renew.  The summary cites the selection committee ranking and the City’s Resident Opinion Survey for rationale.   Here is also a link to the actual Recommendation to Award with background.  

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

A Workshop at Last!

CITY COUNCIL SPECIAL WORKSHOP

The Gardens’ City Council finally had an almost 1.5 hour workshop on December 21st – although poorly attended by the public on the Thursday right before the holidays. There was significant discussion. So all in all having workshops is a practice which the Council should consider more frequently.

Unfortunately, the Council spent less than 10 minutes on Ordinance 26, 2017 which is (like question 1, in 2012), a repeal and replace of the entire Charter.

• The only discussion was on residency of city manager and why it’s important not to limit choice in hiring a city manager, or the future manager’s ability to find a residence in this expensive city. The proposed new charter eliminates all mention of  City Manager residence – and Vice Mayor Marciano  brought up the topic because this was a matter of some resident concern in 2012.  It could be done as part of the hiring contract.  Council Member Woods agreed – and both referenced North Palm Beach and Jupiter as examples. Mayor Marino exclaimed it should be a contract issue not a charter issue.
• Not debated at all were other changes to the Charter such as: definition of what constitutes a term, how vacancies are filled, the elimination of requirements for charter reviews, the elimination of requirements for city audits, the elimination of city manager evaluations, throwing out actual votes in definition of ‘total votes cast’...apparently nothing to see here as far as the Council is concerned – and the voter won’t be seeing it in the ballot summary language either.

Ordinance 27, 2017 (Term Limits) has two versions of ballot question 2 – A and B and the Council will have to decide on which one to select at the January 4th, 2018 city council meeting. Council Member Lane asked if A and B wording could be combined into one question. City Attorney Lohman didn’t respond to that question but thought Lane meant combining all the charter change language into 1 question and thus it was not considered. (The retroactivity language could have been included in version A to make the wording more comparable.) Lohman recommends B.

Ordinance 29, 2017 (Plurality instead of Majority) – The issue of plurality vs majority took all of about 3 minutes – with City Attorney Lohman lamenting the even poorer turnout for our City’s municipal run-off elections than for regular Uniform Municipal Elections.

The remainder of the workshop debated primarily life-time ban on running again (Ordinance 32, 2017) versus the provision to sit out and run again (Ordinance 28, 2017). The council discussed the pros and cons which would then be considered once again in the Special Meeting which followed after adjournment.

CITY COUNCIL SPECIAL MEETING

The purpose of the special city council meeting was to discuss specifically the selection of either Ordinance 28, 2017 or Ordinance 32, 2017 for inclusion on the ballot. Public Comment was made by 3 individuals:  Lois Kleinberg, Meg Shannon and Jane Feinstein all recommended that the Council choose Ordinance 28. Ms. Shannon, a member of the Charter Review Committee directed her ire at those residents who disagree with placing the proposed changes before the voter in March. She asked ‘what were they so afraid of?‘ (We would answer – having the votes of 16,000+ voters  from the November 2014 election overturned by possibly 500 or so votes in a woefully attended Uniform Municipal election in March).

The Council then discussed again the merits of each proposal – with the final vote 3:2 (Lane/Marciano against) for Ordinance 28, 2017.

In more detail, Mayor Marino led off and proclaimed that the recommendations of the Charter Review Committee cannot be ignored, spoke out against term limits in concept (citing stability), said it’s for the voters to decide, that the election had to be in March because SOE Bucher says so, and that the Council was being courageous by placing the questions on the ballot. Council Member Litt summarized that a lifetime ban was never intended. Council Member Woods (he of ‘3 terms and you’re out’ verbiage over the last several months) reconsidered and was now for the ability to run again after a sit-out. Council Member Lane disagreed with the City Attorney’s interpretation of the base Charter language on term limits and the retro-activity provision, feeling the current charter language was clear. As explained in the Palm Beach Post article summarizing the meeting results and  the contentious ending to the meeting here, Vice-Mayor Marciano explained his concern with possible voter confusion on the wording in Ordinance 28, 2017 and described Ordinance 32, 2017 (life-time ban) more clearly worded.

Expect the January 4th meeting to have a heavy agenda – however other than choosing the ballot language for Ordinance 27, 2017 (term limits choices A or B) the discussion by Council on the ballot questions will most likely be pro-forma.

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