Council Agonizes Over Gun Control for Almost 2 Hours

If one adds the time also spent on the topic at the May City Council Meeting, our Council has devoted almost 2.5 hours to Resolution 26, 2018 – a resolution that states their personal positions but has no legislative effect. All on the Council participated, with much of the discussion centering around proposed resolutions by Council Members Litt, Marciano and Mayor Marino. Much less passion and in-depth discussion has been devoted to policy topics within their direct purview – e.g. the City Charter.

(Note:  Council – Moms Demand Action do NOT represent the views of all residents in the City. Council Member Marciano – just because you have not heard from residents does NOT mean ‘everybody agrees’.)

Voices of reason during the debate over what should be included in Resolution 26, 2018 – which will be discussed yet again at the July 12 City Council Meeting, were City Manager Ferris and City Attorney Lohman. State Representative Roth also ventured to make some suggestions (and was met by derision by the Moms Demand Action attendees in the audience). Four members of Moms Demand Action spoke during public comment on the resolution. The Mayor allowed applause, giving the impression that the only time applause IS allowed is when the Council agrees – although she did say that allowing the applause was the exception to the rule. Clearly. Please watch discussion of Resolution 26, 2018 to see your Council at work.

Dr. Kim Delaney of the Treasure Coast Regional Planning Council gave an overview report on the Palm Beach Gardens Tri-Rail Station Area Planning. Her presentation covered the South Florida Transit Oriented Design Grant Final Report and included demographic, residential and economic opportunities in the immediate vicinity of the long-planned station. Dr. Delaney’s presentation is worth viewing and can be seen here.

Veteran Colonel Howard C. “Scrappy” Johnson was honored by Proclamation, read by former Council Member Annie Delgado and Mayor Marino for his Service to our Country in WW II, the Korean War, Vietnam War, setting the world altitude record in the F-104A, his charity organization Joint Mission, Inc and numerous other accomplishments. See the Proclamation here.  Col. Johson then spoke and described how he received the nick-name “Scrappy”. It was a heart-warming ceremony.

Comments from the Public included:

• Gabe Ermine – candidate for County Judge Group 4 – describing his courtroom experience and letting all associate his name with a face.
• Matthew Kamula, Bob Gilbert, and Patricia Rodriquez-Piloto of Osprey Isles all spoke on the lack of a right turn lane into their subdivision. The right turn is exacerbated by school buses entering the community and stopping immediately thereafter as well as the high speed on Northlake.
• Robert Jaeger of the Montecito Subdivision (and HOA President) spoke about the speed limit on Northlake Blvd. and requesting that the speed be reduced from 55 to 45 for that section of Northlake.

Council Member Lane requested that the Purchase Award for Purchasing Card Services be pulled from Consent so that Purchasing Director Km! Ra would describe the award process. That item and the Consent Agenda passed 5:0.

City Manager Ferris had two items in his report:

• Police Chief Clint Shannon described the ongoing discussion with the Palm Beach County School Board on providing security for the four elementary schools in Palm Beach Gardens. The School Board cannot meet the staffing requirements passed by Florida in time for the upcoming school year, and the City desires to assist, has the knowledge of the schools, trains in those schools and it’s the City’s children attending those schools. Hopefully a win-win resolution will come from the discussions.
• Crystal Gibson of Code Enforcement, gave another update on recent projects helping residents upgrade their properties.

All Ordinances passed 5:0.

The Council Meeting was preceded by a heavily attended FDOT Workshop on BeeLine Highway – mostly by residents of the Steeplechase Community.  See Will Gardens Residents Get Wall to Shield Them from Beeline Traffic.

Next City Council Meeting on Thursday June 7th at 7pm

• Kim Delany with Treasure Coast Regional Planning Council – South Florida Transit Oriented Design Grant Final Report for Station Area Planning

• Resolution 32, 2018: Confidentiality Designations for Economic Development Initiatives Consideration for Approval: A Resolution of the City Council of the City of Palm Beach Gardens, Florida designating official representatives of the City of Palm Beach Gardens authorized to receive and distribute confidential information pursuant to Section 288.075, Florida Statutes. – replacing Resolution 68, 2012 due to updated/changed position job titles.
• Purchase Award – Public Art – Repairs, Maintenance, and Conservation – openly competed 2 year contract with no option to renew – $199.3K
• Purchase Award – Exercising Option to Renew the Agreement for Vision Care Insurance – no cost to city
• Purchase Award –  Lease of Backhoe and Skid Steers – Piggyback/Access Contract – 3 year contract – $105K
• Purchase Award – Purchasing Card Services – openly competed – 5 year contract with option to renew for 5 years – $5 million per year expenditure
• Purchase Award – Emergency Medical Services – Medical Director – Fire/Rescue (EMS) – new five year agreement – $268K
• Purchase Award – Annual Asphalt Milling and Resurfacing (2018) – Piggyback/Access Contract – not to exceed $480K

City Manager Report  – no details listed

• Ordinance 6, 2018 – 2nd Reading and Adoption Amending Chapter 26, Elections
• Ordinance 10, 2018 – 2nd Reading and Adoption Voluntary Annexation for Richard Road Seacoast Utility Authority Parcel
• Ordinances 11,12, 2018 (and Resolution 27, 2018 on 2nd reading) – Carlton Oaks post-annexation large scale comprehensive plan amendment and PUD rezoning
• Ordinances 13,14, 2018 (and Resolution 28, 2018 on 2nd reading) – Osprey Isles post-annexation large scale comprehensive plan amendment and PUD rezoning
• Ordinances 15,16, 2018 (and Resolution 29, 2018 on 2nd reading) – Star of David Cemetary post-annexation large scale comprehensive plan amendment and rezoning
• Ordinances 17,18, 2018 (and Resolution 30, 2018 on 2nd reading) – Northlake CLF Parcel post-annexation small scale comprehensive plan amendment and PUD rezoning

Items for Council Action/Discussion:   

• Resolution 26, 2018 – Calling on the State of Florida and Federal Government to implement sensible gun control legislation, enhance mental health programs, and increase school security measures in order to help prevent future gun violence and mass casualties. This is the second discussion on the topic and lists the individual comments submitted by Council Members Litt and Marciano to be included in the discussion of the resolution  

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

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 Legal Failures

In three recent Palm Beach Post newspaper editions the City of Palm Beach Gardens was in the headlines again. But the news and the articles did nothing to enhance the reputation of the City. All of the articles highlighted the seeming ineptness of the present City Council and its immediate predecessor Council to establish clear, cogent, and competent decision making in the legal areas of their responsibilities. These missteps have stumbled the City into costly lawsuits that competency could have avoided.

The City Council should be concerned with these legal failures. As a resident I am. And yes, in my opinion, these lawsuits are failures because they could have and should have been avoided. Failure should not be an option. Let’s briefly discuss the three lawsuits featured in the Post…

• Sears wants Gardens to pay $2.1 million for legal fees: In a case that involved a lease between The Gardens Mall and Sears that had no public implications the City Council passed an ill-advised City Resolution that resolved a position in favor of the Mall’s argument. Due to this Resolution the City was ultimately inserted into the litigation. On appeal Sears was victorious. The 4th District Court of Appeals ruled the City Council’s Resolution was unconstitutional because it impaired Sears’ contract rights while also ruling Sears was owed attorneys’ fees.
  • My opinion: The City should not have consented to a Resolution that inserted its’ full faith into a private business contract dispute. $2.1 million for legal fees or any portion thereof is a lot of taxpayer money. The Council’s legal advice was and is suspect. If no Resolution is passed than there is no litigation against the City. 
• Gardens to fix rejected questions:  As a result of a private citizen’s lawsuit in February a County Circuit Court ruled that the City’s proposed language for City Charter revisions on the March ballot were misleading, therefore, illegal and any votes for them are negated.
  • My opinion: The City Council simply did not discuss the legal advice being suggested in a logical and coherent process. Public workshop meetings should have been scheduled to flush out the propriety, purpose, and legalities of the Charter revisions. In a workshop format the Council members could have thoroughly discussed and vetted the associated language prior to moving to ordinance format and the required ballot wording. Perhaps, then a private citizen would not have had to sue the City.
• Rustic Lakes wants out of Gardens:   Rural community, just annexed, says it was forced to join: It is rather difficult for a City to get sued over a balloted annexation. There is a state statute that offers a clear roadmap. The areas to be annexed must vote in the affirmative, as was the result in this past March election. Rustic Lakes claims dubious means were used by the City to “orchestrate a reprehensible method” of including them on a ballot question with two neighboring communities.
  • My opinion: It is apparent that some Rustic Lakes residents were opposed to being annexed, thus the lawsuit. If annexing the two larger communities was possible without creating a non- contiguous situation, a reluctant Rustic Lakes community could have been removed from the annexation ballot question. Again more legal counsel and guidance together with more probing discussion at a workshop meeting among the Council members, perhaps, would have been the extra ounce of prevention necessary to avert this problem.

The above is only the latest in a list of failed legal decisions by Gardens City Councils’ past and present. The decision in 2013 and 2014 to keep the “baseball stadium fiasco” a secret from the residents based on the interpretation, wrongly in my opinion, of a State Statute by the City Attorney, a Statute whose intent the City Council had violated almost from the get-go, is on that list as well. Another list maker is the 2016 election for the Group 4 seat. The City Council on the advice of the City Attorney and City Clerk allowed the 4-term incumbent to be placed on the ballot as a candidate even though the Term Limit language in the Charter determined him to be ineligible. The election was legally challenged and the 4th District Court of Appeals ruled the incumbent to be disqualified and declared the challenger the winner.

So who is responsible for these legal missteps and failures? From my perspective, it’s the City Council. They were elected to be the decision makers and, therefore, the responsibility is theirs’. One could argue and rightly so, that the legal advice has been less than proficient in the above referenced decisions. However, it is up to the City Council to recognize and contend with what are defects in counsel and guidance.

My suggestions to the City Council are simple. Do your homework. Do not accept the advice and /or recommendations of the Administration as if it were the Holy Grail. Ask questions and more questions. Hold regular advertised workshop meetings so discussion among all Council members is shared with each other and the public; the exchange of thoughts and ideas may help to ferret out unforeseen defects in the Administration’s advice and recommendations. Be aware of bureaucracy creep. Jealously guard your rights to be the leader, the policy maker, and the decider, not the follower and the disciple.

Mayor Urges Professional vs Emotional Approach to “Gun Control” Resolution

Much of the May 3, 2018 City Council Meeting was not controversial or included much discussion.

State Senator Bobby Powell, as he did last year, gave a very thorough and engaging power-point presentation summarizing the last legislative session. Marcum LLP presented the Fiscal Year 2017 audit report with glowing results. City Manager Ferris presented an award to Deputy City Manager Stephen Stepp (in his former capacity of Police Chief), Laura Schuppert – Tennis Director gave an update on the new Tennis Clubhouse and Crystal Gibson of Code Enforcement described a most recent humanitarian effort by staff coordinating with Christ Fellowship.

Bookending the remainder of the meeting was the subject of “Gun Control”; Council Member Litt later in the meeting described the current ‘proper’ nomenclature to be “Gun Reform Legislation” or “Commonsense Gun Legislation”. During Comments From the Public, Joan Hoffman of Ballenisles gave a heart-felt statement about her former house-keeper Kassandra Morales who was killed recently in a West Palm Beach bar & grill. She spoke representing a few others that were in the room for Mom’s Demand Action. Her said that her personal focus was not necessarily on the guns but the people behind them. Speaking after her was Mary Castronovo, also a Gardens’ resident describing Mom’s Demand Action as the counter-weight of the “powerful gun control lobby”. The final item on the Council’s agenda for the evening was Resolution 26, 2018 – Firearms Control.

This was the first opportunity for the council members to express their positions on the Resolution they asked staff to draft. Mayor Marino, respectful of the passion and emotion on the subject, urged that the council not vote on the resolution that evening and that the council address the resolution from a professional approach rather than an emotional approach. All agreed. City Manager Ferris suggested that each member submit their comments in writing and that those would be incorporated and reflected at the June 7 City Council Meeting.

Public Comment also included:

• Steve Mathison representing the PGA Corridor and congratulating the City for the clean audit
• Paula Magnuson – thanking staff for progress on Gardens East Drive and handing a package to Council requesting that they review her response to what was said about her last month
• Carol Easton and Kevin Easton – expressing their concern that their properties were being targeted with code violations and describing the difficulty of Sunset neighborhood egress with new plans for expanded lanes on Northlake Blvd
• Sandy and Marty Groner of Gardens of Thornbury, asking for assistance on a code enforcement issue with the parking of a non-commercial bus-like vehicle in their neighborhood.

Consent Agenda and Public Hearings and Resolutions:

• Consent passed 5:0
• Resolution 19, 2018 – Frenchman’s Reserve clubhouse flagpole passed 5:0
  Ordinance 6, 2018 – amending Chapter 26, Elections passed 5:0 on first reading; Kevin Easton requested that perhaps petitions could be filed on-line.
  Ordinance 7, 2018 – Referendum Question 1 – Term Limits – passed on final reading 4:1. Council Member Lane described the huge advantage incumbents have and the combination of this question with the recently passed ‘run again’ provision essentially obviates term limits. He voted NO. Vice Mayor Woods once again quoted members of the Term Limits Committee saying that run again was never intended. Mayor Marino gave a lengthy statement essentially against Term Limits and for the need for longer number of years in office.
• Ordinances 8, 2018 (Referendum Queston 2 – Repeal/Replace Charter) and Ordinance 9, 2018 – (Referendum Question 3 – City Manager Residence) both passed 5:0 on final reading with minimal discussion as did Ordinance 10, 2018, first reading (Voluntary Annexation for Richard Road Seacoast Utility Authority Parcel)
• Resolution 24 2018 – in support of the Steeplechase Community in its effort to mitigate impacts of planned Beeline Highway and Northlake expansion projects was passed 5:0 after Tom Berita thanked the Council for the Resolution and Council Member Lane summarized his efforts on the subdivision’s behalf

Note: Also on June 7 at 6pm is a City Council Workshop with Florida Department of Transportation on Beeline Highway

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.

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