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..

Gardens Budget to raise taxes 8.3% – largest haul in history

The FY2017 Budget for Palm Beach Gardens will be discussed at the first public hearing on September 8.

Property valuations are up significantly this year, and some jurisdictions are reaping large windfalls by leaving their millage flat. The county for example, will see a tax increase of over 8%, which will be their largest budget in history, growing by $60M in new taxes – bigger than the entire budget for PBG.

The Gardens Council is apparently as greedy as the county and does not propose to return any of the valuation windfall to the taxpayer. It should be noted that this year’s proposed $55M in revenue is the largest budget to date (an increase of $5M), far exceeding those of the boom years of 2007-2008.

As the included chart shows, when the valuation bubble burst in 2008, PBG increased the millage to maintain flat tax revenue around $50M, then relented in 2009 and let revenue decline below $45M as the economy remained stagnant. Now that there is an increase in valuation (over 8% this year) the proposed flat millage will produce a proportional rise in revenue (on top of 5% last year).

Keep in mind that the proposed sales tax surcharge will return a further windfall to the city if it passes, yet that is hardly mentioned. It would be appropriate for the city to reduce the millage this year and keep the tax increase to a more reasonable level.

First 2016/2017 Budget Hearing and City Council Mtg on Thursday 9/8

The next City Council Meeting will be this Thursday, September 8th at 7pm. This is also the first of two public hearings on the proposed budget for 2016/2017.

Consent Agenda – includes 5 Purchase Awards. 4 were openly/competitively bid and the 5th is for an independent contractor agreement with a popular tennis professional already on-board with the City.

City Manager Report – no details listed

Public Hearings and Resolutions:

• Ordinance 1, 2016 is a total re-write of the City’s Impact Fees. (While these are fees that developers pay, those are typically passed on to buyers.) See the proposed document here
• Ordinance 7, 2016 is the proposed Budget.
  • “On July 7, 2016, City Council approved Resolution 37, 2016, adopting a proposed maximum millage rate for the City of Palm Beach Gardens for Fiscal Year 2016/2017. The proposed maximum operating millage rate was set at 5.55 and the maximum debt service rate was set at .1281, for a total maximum millage rate of 5.6781, down from the current year total rate of 5.6871. The proposed maximum operating millage rate of 5.55 is 5.99% above the roll-back rate of 5.2361. Millage rates can be lowered at the budget hearings, but they cannot be increased. The first public hearing on the proposed budget will be held on September 8, 2016, at 7:00 pm in the City Council Chambers located at City Hall. The second public hearing on the proposed budget will be held on September 22, 2016, at 7:00 pm in the City Council Chambers.”
  • The Budget Oversight Committee concurs.
  • The Proposed Budget website page has both the Proposed Budget and the Oversight Committee Report.
  • (Note: Perhaps I missed it in both documents but I found no reference to the upcoming Sales Tax Referendum and the wind-fall it would represent to the City, should it pass…)
• Ordinance 9, 2016 amends the Firefighters Pension Plan to allow the Fire Chief to elect to not-participate in the plan.

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

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.

Carl Woods Takes His Seat on the City Council

The ‘new’ Council was finally complete, 5 months after the Municipal Elections. Council Member Woods, while sworn in a couple of weeks ago, formally took the Oath of Office at the beginning of the meeting and made a short, heartfelt and humorous statement.

EMS Division Chief James Ippolito described, and others spoke about the City, first in Palm Beach County, receiving the American Heart Association 2016 Mission Lifeline EMS Gold Award. Kudos to Fire/Rescue.

All Public Hearings/Resolutions and the Consent Agenda passed 5:0, with discussion on two Consent Items:

• Resolution 60, 2016, approving the crossing agreement with the City, FEC and All Aboard Florida (AAF), was described by the City Attorney. Changes to the existing agreement primarily was caused by the addition of AAF, and the construction/maintenance entailed by the addition of a 2nd track.
• Resident Vito DeFrancesco expressed concern with wording in the Settlement Agreement Alexander V. The City of Palm Beach Gardens, Et. Al.,  which sounded like the agreement was not being publicly recorded and thus avoiding Freedom of Information requests. City Attorney Lohman replied that the entire text of the settlement was in the City’s records (and in the agenda details) and that the wording of the phrase which concerned Mr. DeFrancesco, was commonly used to mean that private suits are not recorded with the County Clerk.**

Comments from the Public resulted in the most discussion:

• Sid Dinerstein, of the Palm Beach County Term Limits Committee, and initiator of the lawsuit challenging David Levy’s eligibility for office, challenged the new Council to resolve and take two votes that night:
  1) Get the people’s money back from the City Attorney for the Term Limits lawsuit
  2) Start paying for the Inspector General
  City Manager Ferris replied, during his report, that the City Attorney acted at the behest of the City. He did not address the IG Lawsuit. Nor did the Council pursue either subject later in the meeting.
• Cynthia Medley, raised an issue regarding construction of the new City Park. Her property is adjacent to the park and construction has made lights fall in her kitchen, construction seems to be happening on the weekend as well.
• Shady Lakes was the topic for Kathy Beamer and Jeff Hiscock. Ms. Beamer stated that the construction contract for the 3 parts of the project was issued in November, 2015 – several months before the plans were approved, and that her FOIA requests went unanswered on the contract. She also pointed out that each of the 3 portions of the project came in under $2 million, which is the point at which a project must go out for public bid. Was that to avoid public scrutiny? Beamer also asked once again that the 117th project be completed before starting Shady Lakes, and re-assess. Mr. Hiscock also added, ‘why the rush?’ – delay the Shady Lakes construction until next year and re-visit the vote when the new council is seated. (Note – 3 seats are up for election in the March 2017 Municipal Election). The subject resulted in immediate responses from Mayor Tinsley, Mr. Ferris and Mr. Lohman – each pointing out different aspects of the project including:
  • Fire/Rescue need for second entry
  • Shady Lakes tied into agreement for 117th with School Board
  • Traffic reassessment still resulted in need for the Shady Lakes component
  • Access to the City Park/Tennis Center via Shady Lakes Drive is both shorter and avoids the schools
  • The project was voted on over a year ago, each part having separate Council votes with estimates under $2 million.

At this point, Comments from the Public resumed. Other Comments made before and after the Shady Lakes ‘interruption’ include:

• Resident Vito DeFrancesco pointed out that Mr. Woods should have been seated in March, and was denied so due to a misinterpretation by staff of the Charter. He also said that all votes taken since March should be reworked. (Note – since the Council has voted unanimously 4:0 or 5:0 on all items since that time – no different outcome would have resulted – although clearly had Council Member Woods had a strong argument differing with those votes, he could have swayed the remainder of the Council, changing the results.)
• Barbara McQuinn (candidate for School Board District 1) and Tony Bennett (Candidate for County Commission District 1) both introduced themselves.
• Tom Murphy, President of the PBG Police Foundation, reminded the public that the deadline for the 9/11 essay contest is coming up. See details here.
• Michael Marsh, of Vero Beach – who has spoken several times on his friend Corey Jones as well as use of body cameras, thanked the City for how fast it implemented the cameras and changed Policy and Procedures.
• Troy McDonald, on the Council of Stuart, came to congratulate Mr. Woods and to offer advice on attaining public office.
• Barbara Grossman read parts of a letter she had sent to the Council detailing safety issues with All Aboard Florida.

During Items for Council Action/Discussion – Mayor Tinsley asked that there be a Proclamation drafted to honor and thank former Mayor and Councilman David Levy at the next Council meeting in September. All were in agreement.

**PBGWatch has a different issue with the Settlement between Mr. Alexander, Avenir and the City. Mr. Alexander is NOT a resident of Palm Beach Gardens. He lives in IBIS. So should a Charter Review Committee be assembled, our position is that it should consist of Residents of the City. We will raise the issue when the subject arises before the Council in the future.

 

Next City Council Mtg on Thursday August 4th at 7PM

The next City Council Meeting will be this Thursday, August 4, at 7pm in City Hall.

Consent Agenda includes:

• Resolution 60, 2016 – Crossing Agreement between FEC, All Aboard Florida and the City regarding the 2nd set of tracks and the City intersections.
• Four other resolutions regarding attendance of Mayor Tinsley at Florida League of Cities annual conference, Seacoast Utility Easement, approving the Atlantico at Palm Beach Gardens Plat, and repealing the resolution from July calling for a Special Election pending the results of Levy vs Woods.
• Seven Purchase Awards:
  • Fire/Rescue EMS Supplies – opting to renew contract on year to year basis – $120k/year – piggyback contract
  • Gasoline/Diesel Fuel – bulk fuel purchase for City’s fleet – Piggyback on State of Florida contract – 3 year term with total contract value of $2.250 Million
  • Stop Loss insurance Coverage on City’s Group Health Insurance Plan (self-funded), publicly bid on 1/30/15 and renewable every year for a five year term. Total contract value $1.8 Million
  • Installation of Concrete Pavers at Veterans Plaza – publicly bid – $106K
  • Veterans Plaza Outdoor Audience Shade Structure – publicly bid $145K
  • Driving Simulator for Tactical Training Center – piggyback/access contract through federal government – $119K
  • Force Training Simulator for Tactical Training Center – piggyback/access contract through federal government – $69K

City Manager Report – no details listed

Public Hearings and Resolutions:

• Resolution 50, 2016 – Community Development Block Grant (CDBG) 1-Year Annual Plan Submission – since the City became eligible for HUD CDBG in 2015, it must submit action plans annually and is eligible to receive $182,698 in 2016-2017.
• Resolution 54, 2016 – Amendment to OakBrook Shopping Center Master Signage Plan (NE corner of PGA and US1) to allow Starbucks, a tenant, to display its logo in its federally registered trademark color/font. Approved by PZAB 7:0.
• Resolution 55, 2016 – Amendment to Gardens East Plaza PUD (aka Promenade Plaza) to convert the theater use to fitness center and retail, update restaurant use and parking calculations.
• Resolution 43, 2016 – Approving and Ratifying agreement with the PBA for Police Officers, Sergeants and Communications Operators for Fiscal Years 2016-2019. See the entire agreement here. The agreement was ratified on June 2, 2016 with a vote of 59:2.
  • “Salaries (Article 32): The proposal adjusts the salary range minimums and maximums for all bargaining unit positions by 3% in the first year of the contract. This adjustment will address internal equity, control compression, and maintain external competitiveness of being within the top five (5) of comparable Palm Beach County municipalities. Additionally, all employees will receive a 6% increase to base salary effective October 1, 2016, 2017, and 2018. These proposed salary increases will cost a total of approximately $1,837,624 over the three- (3) year contract.
  • The estimated increase in the proposed assignment pays, as provided by Articles 3 and 42, will cost a total of approximately $158,715 over the three- (3) year contract. As a result, the three- (3) year total estimated cost of the contract including assignment pay and salaries will be approximately $1 ,996,339. “
• Resolution 47, 2016 – Adopting the 2016-2017 Fees and Charges Schedule
  • “Consistent with the department’s business plan, the City conducts an annual survey on various fees that are charged for programs and services provided to the public. Staff took a comprehensive look at the fees focusing on field permits, room rentals, and aquatic and tennis center rates. Based upon the data collected from the survey, the department is proposing to significantly increase some of the rates for non-resident participants while only slight increases are being proposed for City residents, thus allowing the City to remain on a competitive level with Palm Beach County and surrounding municipalities.”
  • See the details here. The changes will be effective 10/1/16.

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

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.)

Subdued Council Passes All Items 4:0 and Showers City Manager Ferris with Praise

Much of the discussion during the July Council Meeting centered on subjects not originally on the agenda. All Ordinances and Resolutions passed 4:0 with the result that:

• Property tax revenue will increase by 6% if millage is not lowered during the September Budget hearings. Maximum millage is set during July meetings throughout the state. The only usual proponent of lowering millage on the Council, Council Member Premuroso, stated that he saw no way to lower millage in the fall given upcoming Police and Fire/Rescue contracts, and city growth. He also said that the goal should be to continue to maintain flat millage. (Note – this means that as property valuations increase, your property taxes will go up accordingly – at differing rates depending on whether or not you own a homesteaded property). Save the date – September 8, 2016 at 7pm for the first 2016/2017 Budget Hearing.
• PGA Station PUD amendments were approved. See a summary in Sarah Peters’ article here.
• Resolution 52, 2016 – added to the Agenda at the meeting, allows for the City to call a Special Election concurrent with the November 8, 2016 General Election. This is a place holder should Circuit Court Judge Colin find for the City in the Levy/Woods Litigation conclusion within the next couple of weeks. The August City Council meeting would be too late to open candidate qualification. Should the judge seat Carl Woods, then the Council would withdraw Resolution 52 in August.  More detail below.

Mayor Tinsley began the meeting with a moment of silence for the victims of the Orlando Pulse Nightclub attack. She then brought up former Mayor/Council Member Levy’s resignation and read his resignation letter. She brought forward the City Attorney report to the beginning of the Agenda, so that Mr. Lohman could describe briefly the litigation time-table, enforcement of the 4th Circuit Court of Appeals decision on the Charter’s Term Limits retro-activity and Levy’s ineligibility to have run for office. Resolution 52, 2016 was added to the agenda. More detail here .  (NOTE:  PBGWatch was present at the most recent hearing – it is Max Lohman, on behalf of the City, that is arguing for a Special Election – otherwise Judge Colin would not be considering it.  We recommend that the Council read the transcript obtained by their attorney, and here is our summary of that hearing).

Presentations included Recognition of the City’s Spirit Team, and the  Sponsors of the Gardens Cup, which raises funds that are used to put on morale raising events for City Staff.

Comments From the Public included:

• Tom Cairnes, of the PGA Corridor Association thanked David Levy for his contributions to the City, especially in all things environmental. He also hoped that the citizens wouldn’t end up regretting their actions comparing the term limits vote in 2014 to Brexit.
• Ross Wilcox and William Papageorge, both residents living on Gardens Glen Circle, raised a Code Enforcement issue with a vehicle with trailer parking on the city street at all times. Mayor Tinsley and City Manager Ferris were reviewing the problem.
• Carol Courtney of 40th Terrace N. cited concerns with how the City implemented the Sunset Dr/40th Terrace improvements without respect for environmental impacts.
• Kevin Easton and Marilyn Parmet both asked that Resolution 52, 2016 not be voted on, that there not be a Special Election (ranging in costs up to $80K) and that Carl Woods be declared the winner of the March election.

Mr. Ferris began his City Manager Report by implying that the two residents didn’t understand that Resolution 52 was just a placeholder and that the Special Election would only cost $15K. (editor’s note – he was not understanding that they were saying the Council could end the need for such an election by seating Mr. Woods!)

Also included in the Mr. Ferris’ upbeat report was:

• Well earned recognition for Km! Ra, Purchasing and Contracts Director, for a prestigious Excellence in Achievement Award for the 3rd year in a row. As Mr. Ra IS the Purchasing Department – he achieved a round of applause!
• Congratulations to the City’s Police Explorers who one 1st place in the 2016 Law Enforcement Challenge for the 3rd year in a row.
• Thanks to the Police Foundation for donating 40 infrared thermometers which can be used to detect temperature in parked vehicles.
• Recognition by the City by interim Fire Chief Keith Breyer and the City to Juan Nunez, lifeguard at the Recreation Center for saving a toddler unresponsive in the swimming pool – see Lifeguard Receives Hero Award for more details.
• The Chief also Recognized Km! Ra once again – this time for getting a $43K FEMA grant for 120 Personal Safety/Rescue Bailout System for the Fire Department.

During Items for Council Discussion, the Council did their annual City Manager Evaluation. It also happened to be Mr. Ferris’ birthday. He couldn’t have asked for a better present than the effusive praise, minimal critique if any, and the standing ovation given him by the Council and his staff….

Term Limits Affirmed – Levy Removed from Council

As you may know, the 4th District Court of Appeals reversed the trial judge’s ruling that only a current term of office would count against the two term limit, and that 4 term Concilman David Levy had been eligible to run. The 3 Judge panel sent the case back to Trial Judge Martin Colin for action.

Today, Judge Colin ruled on one of two issues – that David Levy should be removed from office.

The second question – as to how the seat will be filled will be decided in the near future.

Plaintiff Carl Wood, the only remaining candidate from the March election after Kevin Easton withdrew and David Levy has been ruled ineligible, argues that he should be seated immediately.

The City on the other hand, represented by Attorney Max Lohman, is arguing that a special election is now required, open to any and all candidates interested in running.

Judge Colin has asked that written arguments and precedents in case law be supplied on the second question by next week and he will decide it in an expedited manner.

Seating Mr. Woods now seems like the obvious course of action to us. It is true that none of the three candidates on the ballot received a majority of the votes, and the judge previously decided that votes for Kevin Easton (who had withdrawn) should be considered in the totals implying a runoff election was necessary. But the runoff would have been between Levy and Woods. Now, with Levy ineligible, there is only one candidate remaining – so he should be declared the winner, much as Maria Marino was declared the winner when Takeeta Pang withdrew.

The city though has a different view – they appear to be so opposed to seating Mr. Woods that they are willing to spend even more taxpayer money on a special election on top of what they have contributed to the legal fees incurred in support of David Levy. It is not clear to us why the city even has a dog in this fight. With term limits decisively affirmed, and Mr. Levy removed, what do they seek to achieve?

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