Special City Council Meeting on Shady Lakes Expansion on Wed. 4/20

There will a Special City Council Meeting on Wednesday, April 20th on the Shady Lakes Expansion.  Plans will be on display from 6:00 pm to 7:00 pm. Presentation will be at 7:00 p.m. followed by questions from the public.

New Mayor Marcie Tinsley Leads Smooth Transition

NOTE: There will be a Special City Council Meeting on Shady Lakes Extension on Wed. 4/20 at 7PM.  Plans will be on display at 6pm

The April City Council meeting commenced with the Results of the Election, heartfelt goodbyes to Joe Russo (who was awarded a beautiful crystal gavel, as well as some ‘big shoes’ to fill by in-coming Council member Maria Marino). There was no mention at any time in the meeting, by City Attorney Max Lohman, that there are 2 lawsuits pending hearings related to Group 4’s result and Council member Levy’s eligibility to be seated. David Levy, Group 4 and Maria Marino, Group 2, were administered the oath of office and sworn in.

Congratulations go to Mayor Tinsley, who is only the second female to hold the office of Mayor (Linda Monroe was mayor from 1985-1986) of Palm Beach Gardens. She was nominated by Bert Premuroso, seconded by Eric Jablin and elected unanimously. Mr. Jablin was elected Vice-Mayor.

The three Public Hearings: Compassionate Friends Memorial Garden, Reduction in Square Footage for United Technology’s Center for Intelligent Buildings Technology Complex, and Combining PGA Commons Parcel 2 and 3 PUD Amendment, all passed 5:0 with little discussion after the presentations.

The bulk of the meeting was spent on Presentations, Comments from the Public and Discussion of the Sales Tax Referendum.

Presentations:

• Dorothy Jacks, Chief Deputy Property Appraiser (and candidate for Property Appraiser) gave an update on the Gardens property valuations. Ms. Jacks praised the mix of residential versus commercial properties and careful growth in the City. Her tentative outlook in 2016 Market Valuation for the Gardens was 8-10% or more. Note that those with homesteaded properties would not see more than a 7/10 increase.
• Mark Bannon, Executive Director of the PBC Commission on Ethics, briefly summarized the role of the Ethics Commission and encouraged the City to make use of their staff when ethics questions arise. There is a database of 400+ advisory opinions and while those are online, the City should ask Ethics staff for assistance. New opinions can be sought as well.
• FDOT (Florida Department of Transportation) gave an update on the I-95 Central Blvd Project – describing and showing images of proposed on/off ramps and intersections in the area between the Military Trail and Donald Ross Rd intersections. The next public meeting on the subject will be in late Sept or early October 2016 and will include a noise study.
• The Northern Palm Beach County Chamber of Commerce has had a 2-year branding initiative which will have it’s big Reveal on April 26th. The Chamber asked for a proclamation in support, by the City, as well as continued financial support, which City Manager Ferris said was already in budget.
• Sandra Wesson, of the Palm Beach County School System Choice Programs Manager, spoke a bit about the International Baccalaureate programs and requested a letter of support from the Council in order to assist in getting the next 3-year grant. Grove Park and H.L. Watkins Middle School have been participant schools.

Public Comment:

• Flax Ct – Gary Pitchford, speaking for the neighborhood, expressed their continued displeasure with the progress of the property.
• Andrea Ciampi had equestions on who was responsible for any I-95 related improvements to Central Blvd – answer was County
• Eileen Henderson requested biographical information on new Councilmember Marino
• Michael Marsh, speaking on Corey Jones, thanked the City for writing a letter to State Attorney Aronberg and described the actions by the Florida Legislature on body-cameras as ineffective
• Tom Murphy, President of the Palm Beach Gardens Police Foundation spoke on upcoming essay contests
• Rick Sartori, Executive VP of the Northern Palm Beach County Chamber, voiced the Chambers’ support of the Infrastructure Sales Tax Referendum proposal, especially commending the Cultural Council and Economic Developments components of the proposed tax.
• Matt Baker, along with 5 other residents of the Mirasol area, demanded that Fire Station 64 receive the same staffing as the City’s other 4 fire stations. Fire Rescue Chief Mike Southard has met with Mr. and Mrs. Baker over the last few months. James Ippolito, Division Chief of Emergency Medical Services gave a detailed power point presentation describing how ‘automatic aid’ works in balancing coverage in all areas of the city, with appropriate staff covering each area as vehicles are called to various emergencies. An external study was only begun a few days ago and could take 90-120 days to complete. The residents were requesting immediate increase in staffing to equivalent levels, but both the City Manager and the Chief said that such staffing would cost $234K in overtime for the remainder of the budget year, without any evidence that response time would be improved. Part of the problem with the Mirasol area is that there are gated communities within gated communities, that add to the response time. However response time averages in all 5 stations are all better than targets.

Sales Tax Referendum:

Councilmember Levy kicked off the discussion saying that while he was not for the sales tax in general, if it passed, there should be some way to reduce the millage or give back some of the increased costs back to the residents. Vice-Mayor Jablin described his opposition, as did the remaining council members. They voted 4:0 to not sign the inter-local agreement supporting the sales tax increase. Note that cities representing 50% + 1 of the population of the County must vote in favor of the sales tax referendum in order for it to get on the ballot.  See the Palm Beach Post’s coverage here.

Next City Council Mtg on Thursday, April 7th at 7pm

The next City Council Meeting will be this Thursday, April 7th, at 7pm in City Hall. This is a fairly long agenda with swearing in of the new Council, appointment of new Mayor/Vice-Mayor, several presentations, three public hearings, and a few items for discussion at the end of the meeting. The City Manager did not list details for the City Manager Report.

First on the Agenda is the results of the election. (It is interesting to note that nowhere in the background material is there any mention of any lawsuit or controversy regarding the results). Next will be the selection by the Council of the next Mayor and Vice Mayor. That done, the rest of the meeting will proceed under the auspices of the new Mayor.

Presentations (no detail provided):

a. DOROTHY JACKS – CHIEF DEPUTY PROPERTY APPRAISER.
b. INTRODUCTION FROM MARK BANNON, NEW EXECUTIVE DIRECTOR OF THE PALM BEACH COUNTY COMMISSION ON ETHICS.
c. FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) – I-95 AT PGA BOULEVARD/CENTRAL BOULEVARD PROJECT DEVELOPMENT AND ENVIRONMENT (PD&E) STUDY.
d. NORTHERN PALM BEACH COUNTY CHAMBER OF COMMERCE BRANDING
e. SCHOOL DISTRICT OF PALM BEACH COUNTY – CHOICE PROGRAMS INTERNATIONAL BACCALAUREATE PRIMARY YEARS PROGRAMME.

Consent Agenda has several Resolutions, Purchase Awards and Proclamations including:

• Approving a Grant Agreement with the State of Florida Department of Environmental Protection (FDEP) Division of Water Restoration Assistance for the Palm Beach Gardens Stormwater System Reconstruction Project valued at $250K
• Allowing the City to create a pool of pre-qualified Community Development Block Grant contractors, with contract valued at $700K over five years, with option to renew for another five years. Openly bid.
• City Park Expansion Project – earthworks – Piggyback/access Contract valued at $697K
• Hiring consultant to City’s property and casualty insurance program and risk management services, valued at $180K over 5 years, competitively bid.
• Lease of multifunction copiers/printers – Piggyback/access contract with Ricoh, for $350K, for five years.

Public Hearings:

• Resolution 21, 2016 for City-initiated request to approve an Art In Public Places (AIPP)-funded project for the Compassionate Friends Memorial Garden at the City’s Burns Road Community Center property. The estimated budget for the memorial garden and public art is $159,348.20. The City’s current AIPP fund is $435,815.00. The memorial garden is designed to symbolize the lasting memory of loved ones who have passed away, specifically children.
• Resolution 24, 2016 – a request by Carrier Corporation to reduce the square footage of the Center for Intelligent Buildings Technology Complex Building and associated modifications
• Resolution 26, 2016 – PUD Amendment combining PGA Commons Parcels 2 and 3 into a single PUD, and other modifications.

Items for Council Action/Discussion includes:

• Discussion of the Infrastructure Sales Tax (the proposed referendum for November ballot)
• Internal and External Board Appointments

The agenda (with links to full detail) can be found here. Check the agenda to see if any additional items have been added before the meeting.

2016 Election Results by Precinct

The 2016 March elections in Palm Beach Gardens generated a lot of interest – a full 42% of registered voters participated in the Presidential Primary, with 37% voting in the city council race, compared to a more typical 10% in a municipal-only election.

When the votes were counted, incumbent David Levy got 386 votes more than Carl Woods and was declared the winner.. There are several wrinkles with this result though, as a third candidate, Kevin Easton (who withdrew from the race after the ballots were printed), received 1103 votes which meant that no candidate got a majority. The City and the Supervisor of Elections opted to throw out Kevin’s votes, but the charter clearly talks about the case when no candidate gets a “majority of votes cast” requiring a runoff election. Were the votes for Kevin “cast”? The challenger has brought suit against the city and the SOE so we will have to see how that plays out.

Group 3
Strong Levy	Weak Levy	Very Close	Weak Woods	Strong Woods
Click the precinct on the map for vote totals.

Tabular Results

Precinct	Registered	Cast	Turnout %	Easton	Levy	Woods	Levy %
1186	1373	580	42	34	263	224	54
1188	874	307	35	33	112	121	48
1190	2712	1155	43	101	366	462	44
1192	1378	534	39	52	204	190	52
1194	1936	979	51	42	528	272	66
1238	1581	756	48	37	414	230	64
1240	2389	1133	47	94	476	435	52
1242	2399	1190	50	66	580	411	59
1244	1450	688	47	35	289	294	50
1246	2374	969	41	76	259	534	33
1248	1443	649	45	34	229	322	42
1250	55	28	51	1	13	9	59
1252	2246	1268	56	27	861	300	74
1254	424	194	46	18	85	75	53
1260	1267	529	42	38	170	257	40
1262	1	1	100		1		100
1264	1	1	100				0
1266	404	96	24	8	35	43	45
1268	283	49	17	1	13	27	33
1270	10	2	20			1	0
1272	1814	678	37	49	227	328	41
1274	1555	603	39	37	200	318	39
1280	371	153	41	16	57	65	47
1284	2013	659	33	66	270	187	59
1288	37	15	41		6	8	43
1290	2025	820	40	68	300	332	47
1292	63	33	52	2	9	10	47
1296	622	187	30	13	65	74	47
1306	9	2	22				0
1310	4	0	0				0
1324	1201	370	31	36	125	151	45
1326	547	227	42	21	88	79	53
1340	10	8	80	2		4	0
1352	2016	734	36	66	277	309	47
1360	848	346	41	27	111	174	39
1372	143	26	18	2	9	10	47
All	37878	15970	42	1103	6642	6256	51

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.

Farewell to Joe Russo and Progress on Some Major Issues

There was only one Public Hearing on the March 3rd Agenda, Signage Amendment for the Gardens Commerce Center – which passed 5:0. However much of the meeting was spent on several topics.

First on the agenda was recognition of Barbara Nicklaus and the impact she has had on the Gardens, living here for the last 50 years. She was awarded a Key to the City and a plaque for her efforts on the Nicklaus Children’s Health Foundation. Council Member Joe Russo read the proclamation, as a long time friend of the family.

Sherry Brown, Assistant Budget Director for Palm Beach County, gave a very brief update on the status of the proposed sales tax increase with little detail and discussion. Purchasing Director Km! Ra and Special Projects Director Charlotte Prezensky gave an update on the status of the new Golf Club House and the awarding of the design/build contract. Public input will be sought on the City website as well as at a Residents’ Day at the golf course on March 17th from 9-10:30 and 4-7 (extended from the original 6pm by request of Council Member Premuroso). Council Member Tinsley asked how long buildout would take – and the target is 16 months to completion. Council Member Russo expressed concern that 40-60 banquets/years not interfere with the golfers.

The Council reserved much of the Items of Resident Interest to thanking Joe Russo for his 27 years of service to Palm Beach Gardens, as both Mayor and Council Member. Joe, in turn thanked everyone, highlighted what he viewed as the major City accomplishments over the period, and suggested that the City consider Districts and direct election of a mayor as it continues to grow. He ended with advising future councils to ‘be a leader and always listen!’

Comments from the Public included:

• Carol Courtney, of 40th Terrace spoke of the destruction of beautiful trees by the City, who did so without a survey, fines against Kevin Easton of $500/day, her arrest, and public record requests ignored, related to the Sunset Terrace/40th Terrace city water project.
• Warm thanks to Joe Russo and to his family from former County Commissioner Karen Marcus, Tequesta Mayor Abby Brennan, Mark Marciano (via a letter read by Joni Alias, Joni Alias and from Joe Russo’s son, Joseph R. Russo who described growing up in the City with his father always on the council and his father’s dedication and service to the City.
• Residents opposed to the Shady Lakes Extension included Ruth Peeples, Craig Allgood, Kathy Beamer, Barry Mandelewicz, and Vito DeFrancesco all reinforcing the point that they’re not being listened to.
• Flax Court neighbors Margaret Collins and Gary Pitchford questioned and discussed the results of the Special Magistrate Meeting, and inappropriate fining/treatment of the property owner and liens on the property.
• It was the 137th day without answers on the Corey Jones shooting and several friends and family members speaking included Michael Marsh, Terry and Sheila Banks, and Mami Kisner asking for justice. Mayor Jablin said that he would draft a letter to State Attorney Aronberg and urge him to come out with the findings related to the case and hoped the information would bring some measure of peace.
• Incoming Council Member Maria Marino thanked the Council for the progress on the Golf Club House.

City Manager Report:

Thanks to City Manager Ferris for placing subjects to be covered on the agenda. We hope that he continues to do so every month, making the agenda more valuable for affected or interested parties.

Flax Court Update – as a result of the Special Magistrate – the City will be abating the unfinished roof, securing the structure and addressing the exterior condition including debris removal. At the March 23rd Code Hearing, the owner will be assessed the abatement costs and fines. City Attorney Lohman addressed lien issues. See details from the Palm Beach Post article.

Shady Lakes Extension – Feedback from the residents will be incorporated into the project; once there is a plan to share, there will be a workshop in the April/May timeframe; Ferris cited a consultant report and traffic study justifying the need for the expansion as well as at 117th. He also showed ‘drone’ footage of the traffic patterns during school pickup – worth watching the video to see what the area residents are complaining about! Council Member Levy said priority of 117th Ct should be first and asked if doing that would alleviate the needs for Shady Lakes. Ferris said he would have to defer, without another study. Council Member Tinsley made major progress with the School Board on 117th Ct right-of-way. Council Member Russo said the entire plan should be worked out. The City Manager hopes to have many more answers prior the the workshop.

There were no items for council discussion or City Attorney reports.

Next City Council Meeting on Thursday March 3rd at 7PM

The next City Council Meeting will be this Thursday, March 3rd, at 7pm in City Hall. While there is only one Public Hearing currently on the agenda, there are 2 Presentations and 2 items on the City Manager report which should be of interest to many residents. This is also the last City Council meeting for Council Member Joe Russo, who is term-limited – so expect Council and resident discussion and comment.

Presentations:

• Palm Beach County’s Proposed 1-Cent Tax Increase – This is an item that will impact EVERY individual working or residing or visiting Palm Beach County. If you have not heard the details yet, please attend or watch the meeting streaming. The increase is being considered for the November ballot and should the voters pass it, will bring in sales tax revenue to each of the municipalities.
• Design/Build of the New Golf Clubhouse – associated Resolution 22, 2016 and associated Purchase Award for $4.5 million, competitively bid, is on Consent Agenda

Consent Agenda includes:

• Resolution 22, 2016 referenced above
• Replat of City Centre II – PNC Bank,
• Purchase Award – Piggyback/Access contract for $113K for Community Service Department to replace outdated radios with those similar to ones used by the Police Dept.
• Purchase Award – Piggyback/Access contract for $660K for Lighting for the new areas of the City Park (expansion)
• Several Proclamations

City Manager Report (Note that this falls after Comments From the Public on the agenda; anyone speaking on these subjects should stay to hear from the City Manager):

• Flax Court Update
• Shady Lakes Update

Public Hearings and Resolutions:

• Resolution 15, 2016 requesting a Signage Amendment for Gardens Commerce Center PUD. (The Gardens Commerce Center PUD is approximately 4.45 acres in size and is located on the west side of Riverside Drive, east of Interstate 95, north of Plat 5, and approximately 300 feet south of Burns Road.)

There are no items listed for Council Discussion or City Attorney Report.

The agenda (with links to full detail) can be found here. Check the agenda to see if any additional items have been added before the meeting.

Remember to Vote on March 15th!
Watch video of the 2/25 Group 4 Candidate Forum

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.

 

2016 PBG Council Candidate Forum Synopsis

On February 25, PBG Watch, along with the Palm Beach County Tea Party, the Palm Beach Gardens Residents Coalition, the Republican Club of the Northern Palm Beaches, the Republican Club of the Palm Beaches, and the North County Democratic Club hosted a candidate forum for the City Council election. In Group 4, Vice Mayor David Levy and challenger Carl Woods shared their thoughts with us on a variety of prepared questions and some from the audience, and we heard a statement from Council Member-elect Maria Marino.

Moderated by 12 term Gardens Mayor Michael Martino, the candidates were asked a set of questions about current issues facing our city, some of which proved to offer a real choice between the candidates.

Present for the forum was Gardens Mayor Eric Jablin and Council Member Marcie Tinsley, along with former County Commissioner Karen Marcus and former Gardens Mayor Linda Monroe..

The meeting was kicked off by PBG Watch Co-founder Fred Scheibl, who introduced the leaders of the other sponsoring groups including Mel Grossman, President of Palm Beach County Tea Party, Kevin Easton, President of Palm Beach Gardens Resident’s Coalition, Marilyn Parmet, President of the Republican Club of the Northern Palm Beaches, Rob Shannon, Outreach Chairman for the Republican Club of the Palm Beaches and Iris Scheibl, co-founder of PBG Watch. Timekeeping duties were performed by Barbara Grossman of the Palm Beach County Tea Party.

Below you will find a summary of the event, with the questions that were asked, and a link to a video of that section of the forum.

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