Martino: Flagrant Disregard for the Rights to Open Government
On February 12th the Palm Beach Post published a letter from a former Palm Beach Gardens resident, Mr. Gary Alexander, who now lives in Ibis Golf & Country Club in West Palm Beach. From my perspective his letter struck at the heart of what is wrong with the government that the City Council of Palm Beach Gardens is perpetrating on the Gardens residents. That wrong is a flagrant disregard for the rights of the public to open government.
Mr. Alexander desired information on the Avenir project that he was, and is, rightfully entitled to. He did the right thing. He requested to review the pertaining documentation at the City Hall. According to the article, apparently, there was no City employee available to watch over Mr. Alexander as he reviewed the documents. If there had been an employee available to babysit him “the hourly fee could be $43 on up, depending on who was free. No one was free, so no review was possible”. This is an all too familiar, but feckless attempt, at open government.
This arrogance toward the public’s right to information is a continuing saga of betrayal of the trust bestowed to Gardens City Council members upon their election. It is my opinion, that this City Council continuously deprives the public of the thought processes, discussions, and policy directions that they employ in their decision-making process as required by the Sunshine Law. Whatever the issue, how the City Council members determine their vote seems to be a mystery.
I ask the City Council to solve the following mystery votes at a regular City Council meeting…
* As the “baseball stadium fiasco” became a deepening mystery that the City Council claimed to know nothing about, the City Manager was flitting around the USA and Canada from Houston, to Arizona, and to Toronto, coercing baseball teams to come to a spring training baseball stadium in Palm Beach Gardens. Money was spent to hire a Public Relations firm, with close ties to one of the baseball teams promoting the Gardens site, to sell the baseball stadium to the residents. Money and time was spent for presentation materials at various public and private meetings. Where did these monies come from and who authorized these monies to be spent? Who selected the site? There are so many unanswered questions about the secretive process this “baseball stadium fiasco” tracked. City Council members claim to know nothing about anything. Why? Who does? And on and on the mystery goes…
* Mystery! The Palm Beach Gardens Municipal Golf Course is mysteriously renamed to Sandhill Crane Golf Course and the City Council knew nothing. If they don’t, who does?
* The City Council voted to move the Avenir project on the road to approval at a Quasi-Judicial Public Hearing after the Mayor announced a mysterious 485 reduction in housing units which was never discussed in the public hearing or any other public forum. At the hearing the City Council did not acknowledge the density reduction or question the process or ask how or when did this happen. Thus, I am asking the City Council when and where the mysterious density reduction discussions were held, what was the content of the discussions, and who where the mysterious participants.
* A City Park is named after a sitting City Council member but no vote by the City Council at an advertised City meeting was held. How, when and where was this mysterious decision made, and by who, and why?
It’s time for the City Council to answer these lingering questions and solve these mysteries, publicly.
Martino: Lack of Transparency Thwarts the Intent of the Sunshine Law
It’s a new year, 2016, but it’s the same old business as usual concerning the City Council of Palm Beach Gardens. The Palm Beach Post delivered new, and heretofore, unknown information concerning the “baseball stadium fiasco” of 2013 and 2014 further delineating unknown facts about the City’s deep rooted secretive involvement, such as, the City Manager gallivanting around the USA and Canada promoting a Gardens site for a $100,000,000 baseball stadium while the City Council claims it knows nothing. The Avenir project was given initial approvals to join the City after 485 housing units were mysteriously deleted from its application without any acknowledgement of same at the scheduled Quasi-Judicial Public Hearing. The City residents of Shady Lakes brought their concerns to the City Council regarding the extension of Shady Lakes Drive and were berated by the Mayor before being dismissed without answers. A City facility was dedicated to a City Council member for the first time in the City’s 57-year history yet, shamefully, it was not an advertised agenda item for Public consumption and comment. There is a common thread that binds all of these “accomplishments” together.
That thread is transparency or in these particular issues the lack of it. Florida has an exacting Sunshine Law that applies to all levels of government. It demands that the thought processes, actions, conversations, and subsequent votes that governing bodies take be subject to the Public’s scrutiny at all intervals of the process. Concerning the above issues, it is my opinion, that this current City Council has violated, or at the very least ignored, the intent of Florida’s Sunshine Law.
One might ask how that can be. The answer is a simple one. From my perspective, transparency, in an acceptable form was absent in the decision-making process concerning the above. The City Council did not advertise, publish a notice, discuss, disclose in Ex Parte, vote, and or meet in the Council chambers, to inform the Public of their conversations or policy intentions, as and where appropriate, concerning these issues.
Taking into consideration just these three issues, it is my opinion and conclusion, that the City Council has a problem or two or more:
- One scheduled regularly meeting a month with the Public is totally insufficient to properly keep the Public informed, therefore, a problem.
- Not holding regular workshop meetings is a problem.
- Not recognizing that the City Manager meanders into the policy realm is a problem.
- Presenting a hostile attitude toward residents, who address the City Council with their perceived problems, like them or not, is a problem.
- Not making concise and clear motions for policy directions is a problem.
- Decision-making without regard for Ex Parte, transparency, and the Sunshine Law is a major problem.
Residents Simmer over Long-standing Grievances
The February 4th Council meeting ended up taking about 2 hours although the agenda was very light, with only 1 new non-controversial resolution (7, 2016 – Mirasol flag/flag pole) and 2nd Reading on the Budget amendment (Ordinance 2, 2016) – both of which, along with the Consent Agenda, passed 4:0. Council Member Premuroso was unable to attend.
Mayor Jablin started the meeting with a moment of silence for Tory Buckley, long-time dedicated resident. Others on the Council also honored his service to the community. Charleen Szabo, Director of the West Palm Beach VA Medical Center, was presented with a check for $21K – money raised through the City’s 10th Annual Mayor’s Veterans Golf Classic. The Golf Classic has raised over $233K over the last 10 years. The PBG Police Foundation also presented Ms. Szabo with a $5K check.
February 4, 2016Carol Westmoreland, Executive Director of the Florida League of Cities, presented awards to Mayor Jablin and Council Member Russo for their over 23 and 27 years of service, respectively on the Council. Council members Tinsley and Levy too gave kudos to Russo and Jablin, as did resident Joan Ellias.
Comments by the Public covered a range of issues, none new, but all unresolved to-date:
- Fire Station 64 staffing – has been an issue for Abby and Matt Baker for awhile (see PB Post article here). They seek full staffing of 5 rather than current 3 fire/rescue personnel. The couple last spoke on the issue in September during the Budget hearings.
- Shady Lakes Extension plans – continue to be a subject of resident dissatisfaction. There appears to be a significant communications breakdown, with staff insisting that the various HOA refuse to meet with staff, while the residents say that alternative proposals are rejected and that the project appears to be marching along. Speaking at the meeting were Carol Levinson, Kathy Beamer, John Frost and Vito DeFransceso. Unheard by the residents, who left after public comment, was discussion by the Council. Council Member Levy suggested that perhaps a workshop was in order to gather resident input. City Manager Ferris said that the Shady Lakes HOA refuses to set a date for a meeting and that they have hired an attorney, so that meeting with them further would not be a good idea at this point. Tinsley suggested that this be discussed while the people are here. Russo lamented the unhappy residents and potential legal action which further stifles interaction. Jablin cited Kyoto Gardens Drive as an example of how it could go smoothly. Ferris said that all the info is online, that there is a traffic study, that there is an engineering study underway, and that the City doesn’t own 117th Ct. Ferris said the City doesn’t even have a plan yet. City Attorney Lohman gave status on the Quit Claim Deed request to the School Board re: 117th Ct. and lack of response. Residents who left the meeting should replay Items XI-XIII part of the meeting video to hear the discussion.
- 4385 Flax Court (Plat 6) – Margaret Collins, Terry Pitchford and Gary Pitchford spoke regarding the longstanding, over 2 1/2 years complaint about the status of this property. This item was last discussed back in the July timeframe and the residents have seen no progress. Mr. Pitchford will be seeking court resolution for the damages incurred.
- Central Blvd/I-95 traffic relief proposal – Don Mathis spoke on his concern that the FDOT proposals don’t relieve the traffic on PGA/Military Trail area.
- Michael Marsh of Vero Beach, spoke on Corey Jones and Mr. Marsh’s business on body-cams and dash-cams, and legal issues re: those devices
Note to residents – there will be an FDOT workshop on Thursday February 18th on the I-95/Central Blvd Interchange
Next City Council Mtg on Thursday, February 4th at 7PM
The next City Council Meeting will be this Thursday, February 4th, at 7pm in City Hall. The agenda is quite short so unless there is much Public Comment or new additions, it shouldn’t be a long meeting.
Presentations: Will include Florida League of Cities’ recognition awards to Mayor Jablin and City Council Member Russo for their years of service.
Consent Agenda includes:
- Resolution 13, 2016 gives a utility easement to Seacoast for construction, operation and maintenance of underground water lines on 40th Terrace North.
- Purchase award for Comprehensive Generator Maintenance Service – for the City’s 16 stationary and mobile generators for a contract value of about $194K for 5 years. This contract was competitively bid.
Public Hearings and Resolutions:
- Ordinance 2, 2016: 2nd Reading and adoption of the Budget Amendment for Fiscal Year 2016, which passed 5:0 on first reading.
- Resolution 7, 2016: A Miscellaneous Mirasol PCD Amendment allowing for the installation of a 50′ tall flagpole and an 8’x12′ Flag at the Clubhouse. This was approved by PZAB in December, 2015 with a 7:0 vote.
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.
North County Neighborhood Coalition Hosts PBG Candidate Forum
PBGWatch to co-host Council Candidate Forum 2/25
Protest Planned before Term Limits Hearing at Courthouse
Tomorrow, January 22 at 9:00 AM is the next step in the Palm Beach Gardens Term Limits saga.
In 2014, city voters approved retroactive term limits (2 three year terms) for City Council, forcing Joe Russo to retire this year, and several more sitting members to leave in 2017.
Vice Mayor David Levy however sits in a grey area of the new law. Serving his third term in 2012, he resigned from the Council to run unsuccessfully for County Commission, but then was elected back on the Council in 2013. Term limits passed in 2014. His interpretation of the ordinance is that the clock reset in 2013 and he is in his first term.
Taking a different approach, Sid Dinerstein, former PBC GOP Chairman and a member of the term limits committee filed suit claiming Levy is ineligible to run. Kevin Easton, a candidate for Levy’s seat and also a member of the committee, has joined the suit which goes before a judge tomorrow at 9:00 AM.
Michael Peragine, a past Council candidate himself and the Chairman of the term limits committee, is organizing a protest in front of the courthouse in West Palm Beach for tomorrow at 8:30 AM.
For more information, see Sarah Peters entry in the Palm Beach Post Blog: Palm Beach Gardens term limits group to protest before vice mayor’s hearing
Avenir, Body Cameras and IAFF Contract Highlights of a Busy Council Week
The first order of business in the Regular City Council meeting was to complete the approvals for Avenir (Ordinance 4, 2016). City Attorney Max Lohman told the Council that ex-partes must cover the time-frame from 2013 until the present. All described several meetings with residents, applicants, emails, etc. except for Council Member Russo who said that he spoke with the owners prior to their purchase of the property. Since he felt that the size and issues surrounding the development could result in litigation, he specifically chose to not speak to anyone associated with the applicants nor residents. After presentations by Avenir and staff, 10 people made public comment including Karen Marcus who strongly encouraged that the City and Avenir work closely with SFWMD asap to design the water flow with Mecca Farms; Kimberly Rothenberg – stating that the City of West Palm Beach remains opposed and that the project is not viable without State Route 7 which they plan to block; Beth Kigel who continued ‘part 2’ (from the previous night) of her statements on the future of smart transportation technology. The ordinance passed 5:0 after brief discussion regarding State Route 7.
Two residents of Shady Lakes – Barry Mendelewicz and Cathy Beamer, spoke in opposition of the planned extension. In response, City Manager Ferris gave a report on the status of outreach. Here is a timeline from the City’s website.
Sarah Peters of the Palm Beach Post summarized the meeting. Resolution 9, 2016 provided funding for the implementation of Body Cameras for the Police Department. Chief Stepp made a presentation describing the steps involved, and a timeline leading to a full implementation by July-August 2016. He also described initiatives with the PBC Clergy Alliance, among them: Overall policy review, Plain Clothes policy and Human Diversity Training. All public comment was supportive of the City’s response and actions in the aftermath of the Corey Jones shooting. Council Member Russo, in his comments stated that it was important to make sure that everyone feels safe in Palm Beach Gardens, and that Corey’s impact, even though no longer with us, was to effect significant change. Mayor Jablin praised all involved.
Also of note was the Collective Bargaining Agreement reached with the IAFF.
Transparency Breaks Down in Avenir Approval
By many measures, Avenir is a “big deal”.
Development of the Vavrus Ranch, the last major undeveloped parcel within the PBG City limits, has been years in the planning. Starting with plans for the “Biotech Village”, when Scripps was expected to rise on adjacent Mecca Farms, proposals for the site, whose current zoning allows for about 400 ranchettes, have been as high as 10000 units. Opposition based on environmental concerns, infrastructure burdens and the traffic load on Northlake Boulevard have worked to help shape the plans of the current owner, Landstar Development Group, into a quite remarkable design.
The plan, which accounted for 3735 dwelling units (plus 250 units of workforce housing), puts the entire northern portion of the property into conservation, enabling a flow-way connecting wide swaths of open land, provides land to the city for recreation and economic development, and builds enough commercial facilities to capture upward of 25% of the traffic that would be generated by the housing units as well as that now originating from the Acreage. Furthermore, the developer provides land and funding to widen Northlake Boulevard from Beeline to Avenir, and will build a connector road between Northlake and Beeline Highway, further distributing the traffic.
City staff worked closely with the developer and agreed to a solid plan that was approved 7-0 by the Planning and Zoning Board, placing it before the City Council last night with the strongest support of any project of the last few years. Projects like this don’t come around very often, and it was an opportunity that needed to be embraced.
As you probably know, the Council voted 5-0 to approve Ordinance 3,2016, which modified the comprehensive plan, changed the land use designation of the site from RR10 and RR20 to Mixed Use Development (MXD), and relocated the Urban Growth Boundary (UGB) to include the property. This was a good thing.
The process for approval though was something else.
After 90 minutes of developer and staff presentations of the very detailed plan, and three hours of public comment on the specifics (about 50-50 for and against), Mayor Jablin led off the discussion by reading a statement. The gist of the statement was that he had reached a “deal” with the developer to reduce the size of the project to 3000 units (plus the 250 workforce housing units) in return for his support. This means that in effect, several years of detailed planning, give and take with staff and the public, and the bulk of discussion at this meeting, were all thrown aside in favor of a “back-room” deal, negotiated out of the public view, with no opportunity for involvement of Council, staff or public.
It was hard to tell if the rest of the Council knew this was coming. David Levy, who had been a staunch critic of the project said he could support it at 3000, but would have voted against it at the higher number. The other three council persons seemed to imply they would have supported it either way, which if true, meant the project could have been approved without the last minute “deal”.
For Rosa Schechter and the Avenir Team it is definitely a win, as their project can move forward, but an outside observer could almost conclude that the Mayor had held a gun to their head. After quite a few years of watching the Council interact with Developers, we have never seen an approval done this way. It made a mockery of the public process, and is somewhat reminiscent of the backroom dealings around the baseball stadium.
We are happy for the Avenir team that their project is being approved, but the process leaves a bad taste in the mouth.
Martino: Avenir, a Project Whose Premise is Promise
Having reviewed all publicly available documentation proposals and more recently attending the Palm Beach Gardens Planning and Zoning meetings I find the Avenir development would and should be a welcome addition to the City of Palm Beach Gardens. As a member of the City Council of Palm Beach Gardens and Mayor at the time that these 4700 acres were annexed I am satisfied that Avenir, as presently proposed, more than ratifies my vote and expectations for their development.
Avenir is a French word that means “future” and that’s what this project’s proposals speak to, the future. It’s a proposed project that has matured and improved by listening to the public’s concerns and the City planning staff’s suggestions. It’s a proposed project that attempts to, and often does, offer solutions. In my mind, it’s a proposed project whose Premise is Promise.
Avenir’s premises to relieve and divert traffic on Northlake Boulevard by offering a new collector Road from Northlake Boulevard east to the Beeline Expressway; by becoming a destination hub for the western communities through the development of commercial, office, and corporate space that will enhance opportunities for jobs, for shopping, for professional and medical life necessities fostering the curtailment of some traffic trips east and west on Northlake Boulevard; by capturing within Avenir confines a portion of its own traffic are new and welcome promises that should be enthusiastically embraced.
Avenir’s premise to preserve the environment by permanently deeding over to the properly designated governmental entity nearly half of Avenir’s 4700 acres for environmental preservation creating an opportunity to connect approximately 100,000 acres of conservation lands from the east coast of Florida to Lake Okeechobee is, to my knowledge, without precedent. Its premise to set aside 100 acres for economic development; deeding 50 of those acres directly to the City; to enter into a public-private partnership to entice a suitable corporate tenant; to reduce residential densities to under 1 unit per acre; to donate 130 acres for public use are all significant and remarkable developer promises.
In my opinion, Avenir’s Premise for Promise will allow it to take its place among the elite communities of Palm Beach Gardens and Palm Beach County. The Gardens has been fortunate to have attracted developers who not only offered great product but where committed to make the City a better place for our existing, as well as, new residents. It is my intuition that Avenir Holdings’ owners and developers offer that same promise.
I admire Avenir Holdings courage to listen and its willingness to make changes based on what it hears. I respect its tenacity to succeed. The only hurdle left is for the City of Palm Beach Gardens and Avenir Holdings to take today’s Premise of Promise project proposals and make them tomorrow’s future realities.