Martino: New Council Members Need to Demonstrate Leadership, Change and Transparency
In March of 2016, the Palm Beach Gardens City Council elections were held. Maria Marino, a new face, was certified as the Group 2 City Councilperson. Because of various court challenges to the election results in Group 4, newcomer Carl Woods had to wait until October 2016 to take his seat on the City Council. Both of these new Councilpersons were elected, in part, as a result of term limits.
Hopefully, Ms. Marino and Mr. Woods, recognize that embedded in their elections is the trust of the voters’ term limit expectations, of which at the top of the list are change and transparency. In my opinion, it is important that these two new Councilpersons move quickly to restore communication, openness, and accountability, as the foremost governing principles of the City Council.
Leadership from Ms. Marino and Mr. Woods must begin in earnest and begin now. As a result of term limits the March 2017 City Council elections will welcome three additional new faces to its body. Expectantly, these new faces will campaign to complete the term limit demands of change and transparency. Ms. Marino and Mr. Woods must provide the inspiration and the direction to motivate the new City Council to embrace the values of communication, openness, and accountability.
With the March 2017 City Council election results will come new potential, new opportunities and new challenges for the City’s future. I would like to offer my congratulations and best wishes for a successful tenure to Ms. Marino and Mr. Woods as they move the City forward..
Martino: Erosion of Council-Manager Form of Government
From my perspective, the August 4th Palm Beach Gardens City Council meeting further emphasized my concerns about the deterioration of the Council-Manager form of government in Palm Beach Gardens. On exhibit was the City Council members’ usual lack of questioning, discussion, and thought sharing among themselves and with the public concerning the agenda items.
On display, once again, at the August 4th meeting was the shabby treatment of the rightful concerns raised by the Shady Lakes residents concerning their perception of the damage being done to their quality of life. This modes’ operandi has become a staple of the Palm Beach Gardens City Council. The Council all too often has chosen to stiffen its neck to concerns rightfully raised by its constituents. It avoids conversation about resident concerns and allows the administration to often debase them. The City Council has become tone deaf and devoid of compassion and understanding. It is one thing to defend a policy position but when the defense becomes contemptuous a hostile environment is often the result.
The lack of serious conversation and discussion among the City Council members concerning August 4th agenda items is a matter of grave concern. The absence of serious discussion, conversation and thought sharing among the City Council members has become business as usual for them. It deprives the public of its right to information and it has been going on for too long. The advertised August meeting had 16 items for approval on the consent agenda, many of which could and should have had had a word or two of conversation by the Council so the Public could better understand the City Council’s willing consent. The Public Hearing portion of the agenda contained 3 items. Yes, there was little in the way of comment by the Public, but there was even less to none in the way of comments and or questions from the Council members. All that the public attendees heard were the developers’ explanations which were blessed by the staff, and followed by the comment “Staff recommends approval”. Then the compliant City Council approved favorable motions with its usual tag along 5 to 0 votes.
To describe the current practice of governing by the City Council of Palm Beach Gardens as a Council-Manager form of government is dubious at best. In my opinion, the current practice of governing has become and is Administrative driven, led by non-elected bureaucrats. The City of Palm Beach Gardens government is no longer led by the City Council, the persons elected and entrusted to do so. This erosion of the public’s right to control its government is not incipient but has been maturing for a decade or more. This subjugation of the representative rights of the public to bureaucrats, whether accidental or calculated, is shameful and needs correction.
Martino: Kudos to the Gardens’ Police Department!
Police Departments around the country have been front page news of late. Our local County and City departments have not been excluded. As first responders to our health and safety issues they deserve our respect and the benefit of our doubts. Most carry out their job responsibilities above and beyond the call of duty. A rare few do not.
During the week of July 11-16 I was exposed to still another side of policing that gets little to no attention, recognition, notoriety, or too often not even a thank you. I was witness to a public service that our Palm Beach Gardens Police Department performs but does not get enough recognition for, its interest and work with the youth of our community.
My 12-year old grandson, Oliver Jones, participated in a basketball camp at the Palm Beach Gardens High School Gym sponsored and hosted by the Gardens’ Police Department. Basketball is my favorite sport so I attended the 5 afternoon sessions of the camp to watch and encourage Oliver.
The basketball portion of the camp to my pleasant surprise was fantastic. There were approximately 100 boys and girls of all nationalities, skin color, and backgrounds. It featured two former NBA All-Star players, Michael Ray Richardson and Otis Birdsong, as the “coaches”. These two men represent and lead an organization known as Ball Stars Youth Camp. The camp is a free summer program whose goal is to help deserving youth reach their potential. They stress the importance of fundamentals, teamwork, sportsmanship, and leadership as part of the skill set necessary for success on the basketball court and also in everyday life. To highlight the life lessons needed for success off the basketball court prominent local business and community leaders are invited to address the kids and share their life experiences. Subjects addressed at the Gardens’ camp by the speakers as they relate to teenagers included, Social Media and the Internet, Drug Prevention and Education, Law Enforcement and Community Involvement, and how to relate with the police when a special situation occurs.
All in all, what a wonderful week of basketball and life lessons was presented to the basketball campers. A special thank you and recognition are in order for Assistant Chief Jim Stormes, Sergeants Dorian Hawkins and Randal Anderson, Officers Orlando Elcock, Darrin Walker, Jason Sharon, and Robert Ayala who were assigned the duty to make this camp the tremendous success that it was. The other members of the Police Department, and in particular Chief Stephen Stepp for his leadership, are to also be congratulated for their daily Community Service to the residents of Palm Beach Gardens.
Once again the Palm Beach Gardens Police Department, in its own inimitable way, has reminded me why I am proud to be a Palm Beach Gardens’ resident. Thank you.
Martino: PBG Truly Has a New Face
Congratulations to Mr. Carl Woods, Palm Beach Gardens new Group 4 City Councilperson. It’s been a long and arduous journey for Mr. Woods to navigate. His journey was an uncharted path of twists and turns littered with obstacles. For Gardens’ residents, it was an intriguing escapade to watch, witness, and wonder why this is happening.
Mr. Woods’ journey began in the latter part of 2015 when 3 candidates qualified to run for the Palm Beach Gardens City Council Group 4 seat, the incumbent David Levy, and the challengers Kevin Easton and Carl Woods. It ended on July 20, 2016 by order of a Palm Beach County Circuit Court Judge declaring Carl Woods the winner of the March 14th election by default based on the fact that that Mr. Woods was the only eligible candidate left in the race. In between the beginning and the end the City Charter’s election and term limit language was questioned, lawsuits were filed by the candidates, the City, and the Supervisor of Elections; a candidate withdraw from the race; an ethics complaint was filed; an election was held on March 14th; a winner was declared but then ruled ineligible by the Palm Beach County Court of Appeals; the winner became a loser who resigned to avoid being ousted. Carl Woods, finally, took the oath of office as Group 4 City Councilperson on July 21, 2016.
Mr. Woods has successfully completed his difficult election journey but he now embarks on a new one. This journey is the art of governing. The challenges of governing in a Council-Manager form of local level government as a part-time elected official can be and often are complex and complicated. Creating and maintaining the balance in the chain of command between the residents, the City Council, and the City Manager is complex. The responsibility for the health, safety, welfare, and recreation of all the City’s residents is complicated.
Carl Woods has persevered in the face of adversity. He defended the words and meaning of the City’s Charter against incoherence. He fought for what he thought was his right. These are admirable traits and qualities that will serve him well as he begins his new journey as a City Councilperson.
In Carl Woods the City Council of Palm Beach Gardens truly has a new face.
(Editor note: If you would like to see a timeline of the election see Sarah Peter’s article here.)
Martino: Levy and Council Outfox Themselves
Why does it take the Circuit Court and the District Court of Appeals to read and understand the City Charter of Palm Beach Gardens? Is the answer because the City Council of Palm Beach Gardens, its records’ keeper the appointed City Clerk, and its legal adviser the appointed City Attorney – CANNOT! No, I’m sure they all can read and understand the Charter language. But do they want to is the significant question? As written does the Charter language fit with their power agenda? Does the Charter language meet their obvious desires to maintain the status quo? The answer to those questions and others similar to them is, NO!
The City Council, its City Clerk , and its City Attorney, have tried to distort and misrepresent the Charter language as it applies to the City Election of March 14th, particularly, the Seat 4 results. First, they allowed the 4-term incumbent, David Levy, to be placed on the ballot as a candidate even though the Term Limit language in the Charter determined him to be ineligible. Second, when the election results were tabulated and none of the Seat 4 candidates gained a majority, as the Charter mandates, the City Clerk declared David Levy the winner based on faulty assumptions and imperfect Charter application.
The challenger, Carl Woods, filed suit as was his right. The Circuit Court ruled a runoff election should be scheduled while upholding the City Clerk’s interpretation that Levy was an eligible candidate. Thus, at this point both Levy and Woods have a victory. Levy beats the term limit retroactive eligibility provision and Woods gets the runoff election he sued for. So both candidates are in the ballgame and all they have to do is compete.
But competition and fairness is not good enough for Levy or the City Council. Levy appeals the Circuit Court decisions to the District Court of Appeals. The City Council votes to join the appeal process, in my opinion, without cause. The Appeals Court overrules the Circuit Court and sustains the Term Limits provision of the City Charter. The District Court of Appeals Judges clearly mandates that David Levy was and is an ineligible candidate. Thus, he should not have been on the ballot in the first instance. The decision renders all other issues moot. The case is sent back to the lower Court for final declaration which is pending
So it appears the City Council’s political shenanigans resulted in failure. It looks as if David Levy’s appeal is for naught and he is remanded to the sidelines instead of competing in a runoff election. What’s further distressing is that the residents of Palm Beach Gardens are not being dealt with seriously, truthfully, and responsibly by the City Council they elected to do just that. Instead, the residents are being dealt with cunningly, circuitously, condescendingly, and arrogantly.
Martino: The Charter is Clear! Why Appeal?
I have a question for anyone who lives in Palm Beach Gardens, and above all, our esteemed City Council. The question is, “Wouldn’t it be nice if the City Council could get acquainted with the City Charter, particularly, its words and their meaning?” Well, in my opinion, apparently with all their “experience” the current Council members have yet to master many of the words and much of the meaning of the City Charter.
Case in point is the bungling and embarrassment surrounding the March 15th 2016 City CouncilSeat 4 election. There were 15,970 total votes cast in this election contest as certified by the election canvas board. David Levy, the incumbent, received 6642 votes (41.6%) and Carl Woods the challenger, received 6256 votes (39.2%). Neither received a majority of the votes cast.
In Article IV: The City Council, Section 4-1. – Election the City Charter clearly states, in plain everyday good old-fashioned English, that it is a requirement for a candidate to receive a majority of the votes cast. When this does not occur, the Charter states a runoff election must be held. When the City Council and its Administration decided to play politics with the results of the March 15th Seat 4 election and not hold a runoff election as the Charter mandates, Carl Woods filed a lawsuit to establish his right to a runoff election. A Circuit Court judge ruled the City must obey its Charter and schedule a runoff election between Messieurs Levy and Woods. But lo and behold, the City Council and its Administration refuse to believe the Judge can read and so they have voted to appeal his decision.
That raises questions, questions, and more questions! Is the City Council dwarfing the will of the people’s Charter by trying to produce a dictatorial end that they, each of them, seek? Why involve the City in continuous, contentious, and costly litigation? I wonder if power has something to do with it. Are the Council members protecting one of their own, David Levy, the City Clerk, or perhaps both? Who is paying for David Levy’s personal lawyer, who incidentally, is affiliated with a law firm that regularly appears before the City Council on behalf of developers?
From my perspective, there is something very ominous in this dereliction of trust in the City Charter by the Gardens’ City Council. Is it a deliberate and direct falsification of the Charter’s words and meaning to support personal power and ambition? Is it a direct attempt to discount the will of the voter by sowing the seeds of discord and confusion? Is it none of this but simply plain incompetence? Only the City Council can give the correct answer but they never do.
This City Council never fails to disappoint. I have said this before, but I shall say it again – and again – and again. Collectively, this is an arrogant City Council that does not respect the sacred trust that was given to them upon their individual election. Palm Beach Gardens’ residents deserve better.
Martino: Council Too Often Abuses Constituents’ Sacred Trust
The lack of sensibility and sensitivity to RESIDENTS concerns demonstrated at various Palm Beach Gardens City Council meetings that I have attended in the last two years is both disappointing and disconcerting. The stifling of any and all reasonable conversations about substantive issues raised rightfully by anxious RESIDENTS is forcing the abandonment of trust in the current City Council. But I am not surprised. In my opinion the building blocks for the perpetuation of these indignities began 25 years ago.
The City Council and its “defenders” will probably cry foul saying the above is anything but factual. Well, in my opinion facts are not foul. Consider the following current issues and the Council responses…
* Amid the swirl of controversy surrounding the validity of the results of the March 15th, City Council Seat #4 election because no candidate received a majority of the votes cast, the City Council, without any cause for concern, without any questions of the City Clerk or the City Attorney, voted to accept the certification of the Seat #4 election results even though the certification violated the intent, integrity and trust of the City Charter. In Article IV: The City Council, Section 4-1. – Election, of the City Charter, it clearly states the requirement for a candidate to receive a majority of the votes cast.
* The “Special Meeting” of April 20th was advertised as an agenda specific promise to display preliminary sketches and plans for the Shady Lakes Drive extension with a presentation of same and a with a question and answer period to follow. Instead of listening and fully answering the RESIDENTS questions and concerns the City Council rumbled into a vote to approve half-of-a-road based on these so-called preliminary sketches and plans even though a vote was not clearly articulated by the agenda. Some of the City Council members’ comments to the RESIDENTS were patronizing, rude, and antagonistic.
* For a year or more residents of the Mirasol developments have raised the Health and Safety issue of understaffing at Fire Station 64 which serves their area. The City Council has sloughed the issue to the side by having the Administration meet and cajole with the RESIDENTS to soothe their anxieties without success. A new budget year came and went without staff increases for Fire Station 64 based on Administration recommendations that the City Council swallowed hook, line, and sinker. The RESIDENTS continued to bring the staffing issue to the forefront. Magically, at a recent Council meeting the well-intentioned Fire Chief and his top echelon were induced by the City Manager to present a full blown dog and pony show attempting to justify the below level staffing of Fire Station 64 as acceptable practice. Almost two years after the issue first gained traction, and two days before the dog and pony show, the City Administration contracted with an outside agency to help solve the staffing problem. Once again an issue of significant importance to the RESIDENTS is manipulated by the City Council in collusion with its Administration. The RESIDENTS are patronized by the Council with the smokescreen promise that an unnecessary outside study of all Fire Rescue service needs will answer the Fire Station 64 staffing problem.
There simply are no excuses or justifications for the inaction and inattentiveness to the above issues by the City Council of Palm Beach Gardens. In my opinion, however, there are a myriad of reasons why this unresponsive attitude pervades. Palm Beach Gardens has a “lazy” City Council. It is the only municipal government in Palm Beach County that has only one regular meeting per month and no scheduled workshop meetings. The Council is driven by Administration recommendations and, at least in public, does little in the way of original thinking or policy making of their own. The Council gives short shrift and little or no attention to everyday resident concerns and complaints.
A City Hall is the seat of local government where a municipal body that has been bestowed the sacred trust of a constituency through a secret ballot election, conducts legislative and administrative powers, such as, setting policy directives, passing ordinances, and appropriating funds, on behalf of that constituency. Inherent with this conferred trust and power is the regulating of the health, safety, and welfare of the enabling constituency, thereby, establishing a quality of life. The City Council of Palm Beach Gardens is such a municipal body. From my perspective, however, it has abandoned much of its powers to govern to the administration, and, all too often abuses its constituents’ sacred trust.
Martino: The Silence from City Hall is Deafening!
What is that sound coming from the City Hall in Palm Beach Gardens? Can you hear it? No, you can’t! Me neither! It’s the sound of silence emanating from the City Council regarding the runoff election for the Group 4 City Council seat that the City Charter mandates must be held on March 29, 2016?
The silence from City Hall is deafening. Did the Mayor and City Council adopt another forbearance agreement; this time against speech?
If you haven’t heard, the tabulation of the Group 4 election results is mired in ambiguity because no candidate received a *majority of the votes cast as the City Charter (Sec. 26-6) requires. Therefore, a runoff election is mandatory, again, per the City Charter. The total votes cast in the Gardens’ Group 4 election were 13,789. Of those votes cast David Levy received 6,632 or 47%, Carl Woods received 6,245 or 45%, and Kevin Easton received 1102 or 8%.
Section 26-6(b) of the Charter declares…
“Whenever a general or special election is held to fill any elective office in the city, the candidate receiving a majority of the votes cast at such election to fill such office shall be declared to be duly elected; provided that if no candidate for a particular elective office shall receive a majority of the votes cast for such election to fill such office, then a run-off election shall be held on the fourth Tuesday in March of the same calendar year the general election was held; and in the event a special election is held, except for the year 2016, when any required runoff election shall be held on the fifth Tuesday of March, and a run-off election is required,…”
*Please note from the Merriam-Webster dictionary…
Majority : a number that is greater than half the total number
Cast : to deposit (a ballot) formally
Now, let’s return to discussing the forbearance agreement on silence. In my opinion, there is one, whether it’s official or not. Otherwise, we would and should be hearing from the City Council members as to their enforcement of the City Charter which they were elected to do. Where is Eric Jablin’s ever present usual prepared speech on the City Charter runoff requirement? How come no posturing speech, as yet, on the City Charter from Joe Russo? Come on Bert Premuroso, tell it like it is, do what’s right by speaking up for a runoff election as the City Charter elaborates! Marcie Tinsley, if you want to be Mayor than do the mayoral thing and insist on the runoff election. David Levy, if we are to believe all the literature you sent to our homes regarding your qualifications for the City Council than you should have no problem with understanding the need for scheduling a runoff election as the City Charter dictates.
Silence is gold, speech is silver, and so the saying goes. The residents of Palm Beach Gardens are not greedy. In this controversy City Council members, silver speech is acceptable and expected.
Martino: Run-off Election Warranted for Group 4!
Primary Election Day, March 15, 2016, with its winners and losers has come and gone. But in Palm Beach County “gone” is never a certainty in our peculiarly run elections. This time the black cloud of uncertainty is stationary over Palm Beach Gardens.
The hullabaloo is two-fold. First, Takeata King in Group 2 and Kevin Easton in Group 4 withdrew their respective candidacies prior to March 15th but not in time to have their names removed from the printed ballots, thus, requiring all polling precincts to post notices advising the voters of the withdrawals which, allegedly, did not occur. Second, the tabulation of the Group 4 election results is mired in a cloud of ambiguity because no candidate received a majority of the votes cast as the City Charter (Sec. 26-6) requires, thus, a runoff election, again, per the City Charter is required. The votes cast in the Gardens’ two races are as follows…
Is the omission of the notices to the voters of the Candidates withdrawals enough to upset the elections in the Group 2 race? Probably not, but with the closeness of the tally in Group 4, probably yes? From my perspective, the Palm Beach County Supervisor of Elections, as well as, the City Clerk of Palm Beach Gardens, should answer for this oversight and issue a public statement as to cause and ultimate effect on the election results.
The more egregious and obvious election controversy is the need for a runoff in Group 4 as the City Charter clearly articulates. Section 26-6(b) of the Charter declares…
“Whenever a general or special election is held to fill any elective office in the city, the candidate receiving a majority of the votes cast at such election to fill such office shall be declared to be duly elected; provided that if no candidate for a particular elective office shall receive a majority of the votes cast for such election to fill such office, then a run-off election shall be held on the fourth Tuesday in March of the same calendar year the general election was held; and in the event a special election is held, except for the year 2016, when any required runoff election shall be held on the fifth Tuesday of March, and a run-off election is required, then the run-off election shall be held two weeks from date of the original special election; provided further, that in such event only the names of the two candidates having received the greatest number of votes in the general or special election for such office shall be submitted to the voters and the one of these two receiving the majority number of votes in such run-off election shall be declared to be duly elected to such office;
In my opinion, the key words in the charter section, above, is votes cast. Clearly the votes cast in Group 4 do not render any candidate a majority of the votes cast, therefore, a runoff election to decide the winner is mandatory. Runoff elections have been required before in the Gardens. Anything less than a runoff election is a charter violation, an injustice to the candidates, disrespects the voters, and leaves the Group 4 election suspect.
Martino: Self-aggrandizement, Backslapping, Gibberish and Nothingness!
After attending the City Council meetings of Palm Beach Gardens for the last two years I have a message for the City Council members. The message is basic and simple. City Council members, honoring volunteers is fine but constantly praising yourselves is unworthy of the office. Frankly, it is wearing to listen to the City Council members telling us how great they are and how wonderful the City Staff is at the one and only monthly meeting. More substantive discussion of policy and more problem-solving with less self-praise is my suggestion. In the lexicon of Palm Beach Gardens’ city government, it appears as though, to serve has been replaced by self-serve.
Enough is enough!
Enough self-aggrandizement! I get the message. I understand that the current City Council members are the best ever; you are a fantastic group, hurrah for all of you. But wait isn’t that why you were elected. Isn’t that why you are paid $60,000 in salary and benefits?
Enough backslapping! I understand and agree that the City Staff is very competent, professional, and wonderful. But wait isn’t that what is expected of them in the performance of their job. Isn’t that why they are rewarded with top salaries and excellent benefit packages?
Enough gibberish! I recognize that the City Council members attend various community, civic, and other governmental meetings and activities. I can appreciate that. However, do we have to hear about each and every dull detail at the one and only monthly meeting?
Enough nothingness! Often the City Council agendas’ are full of nothing that solves residents’ real problems and concerns. Self- serving, ego satisfying, innocuous speeches serve nothing. One scheduled meeting per month does nothing to fully serve the informational rights of the residents. Not scheduling regular workshop meetings does nothing to serve and satisfy the rights of residents to discern how the City Council members arrive at decisions.
Self-aggrandizement, backslapping, gibberish, and nothingness are not traits to be proud of. They are not tenets of good government. They are not the way to serve a constituency, and in particular, the residents of Palm Beach Gardens.