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

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.

 

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.

Contentious Emergency City Council Mtg Decision No Appeal

An emergency  City Council meeting was called sometime on March 5th for the following morning, March 6 at 8am to decide whether or not to appeal the decision on the ruling by Judge J. Joseph Curley, Jr. finding ballot Questions 1 and 2 invalid, last Friday March 3rd.

The meeting had a lot of fireworks and should be seen to be appreciated – however the outcome was that the City will not appeal, but should the plaintiff, Sid Dinerstein appeal the results on Questions 3 and 4, City Attorney Lohman was given the authorization to cross-appeal (thus re-challeging Questions 1 and 2).  The vote was 3:1 with Council Member Lane voting NO and Council Member Litt not present.

No Mention of an Election or a Lawsuit at March 1 City Council Meeting

The March City Council meeting began on a somber note as all stood for a moment of silence for those lost and affected by the Parkland shooting.  While there were no presentations on the agenda, Mayor Marino read a proclamation to Remember and Honor the Vicitms (Marjory Stoneman Douglas High School – Parkland, FL).

Council  Member Litt, during Items of Resident Interest and Board/Committee Reports discussed how she (and other on the Council echoed her comments) was approached by folks asking what is she going to do about guns.  She decried the City’s inability to act – even on whether or not there could be a gun show at the Amara Shrine Temple, as well as the continued assault on Home Rule.  See the Palm Beach Post article here.

Public Comment was made by Louis Satriano of Lake Catherine.  He was concerned about a meeting that was held with residents by the developers of Northlake Gardens, saying that they were going to change the plans for the center to include more stories and apartments.  Director of Planning and Zoning, Natalie Crowley, assured him that there have not been such plans submitted or approved yet.

The Purchase Award for Banking Services for $675K was pulled by Council Member Lane so that Purchasing Director Km! Ra would do an update.  That item and all on Consent Agenda passed 5:0. All items on the Regular Agenda – Ordinances 2, 4, 5 2018 and Resolution 13, 2018 passed 5:0.

During Items for Council Action/Discussion – Council Member Litt suggested and the others on the Council agreed, for City Manager Ferris to look into what it would take to be certified as  Sun Safe City – which both she and Mayor Marino learned about during a meeting on Melanoma.  Council Member Marciano lamented the anger that is being directed to the Council (presumably about the election/ballot questions) and suggested that while it was good to be involved locally that the anger should be directed elsewhere since Palm Beach Gardens is a wonderful city and because there are so many much bigger issues on the state and national levels.

The City Manager did not mention the emergency hearing about the lawsuit;  even more surprisingly – City Attorney Lohman had no City Attorney report.  While one would not have expected a detailed discussion – the suit was not even acknowledged.  The judge in the case made a ruling on Friday, the next day.  See Judge tosses half gardens ballot questions but election go on .  Nor did anyone on the Council encourage those in attendance to vote on March 13, 2018!

So Gardens’ voters – Please VOTE ON MARCH 13!

 

 

Tallahassee Impacts on Home Rule a Significant Concern to City

The February 2nd meeting was fairly brief, ending before 8:30.  All ordinances/resolutions passed 5:0 or 4:0 when one of the Council Members wasn’t in the chambers.  The most significant items were those not specific to Council votes.

Presentations:

• The recognition and honoring of Evan Travers, Palm Beach Gardens Fire Explorer Post #705, who last April, assisted in the rescue of a driver and passenger in car accident, with the assistance of other passers-by – getting the crash victims to safety before the crashed car burst into flames.
• Joe Corrao of Public Works explained the new Fleet Leasing Program (covered on Consent), which will allow for turn-over of all vehicles on a 5-year schedule instead of the current 10+ year schedule, reduce fuel and maintenance costs, reduce mechanic hours on vehicle maintenance and also save money.  The vehicles will also be turn-key – ready to use, instead of the normal 90 days it takes to configure a new vehicle for use after purchase.

City Manager Report:

• City Manager Ferris, in explaining the Home Rule resolution (on Consent Agenda), outlined the bills currently being considered in Tallahassee which will severely impact municipalities’ Home Rule by taking away rights of those municipalites to control their own policies at the same time causing significant fiscal impacts. It is worth watching Mr. Ferris’ presentation for the list of bills and their impacts!  Or read the Palm Beach Post article entitled “Palm Beach County cities take fight to Legislature on home rule bills“.

Items of Resident Interest

• Most on the Council mentioned that they attended the Palm Beach County Commission meeting where the County passed the final agreement approving the District Park.
• Announcements made by Mayor Marino:
  • Jack Doughney, Assistant City Manager recently retired. Chief Stepp is assuming the position of Interim Assistant City Manager and Clint Shannon is assuming the Interim Chief of Police Chief.
  • Sandhill Crane Club House Grand Opening will be held on February 18 from 2-6pm – all are welcome.
• Council Member Litt on the profound affect on  attending the screening “I am Jane Doe” – at the County Chambers, on Human Trafficking which occurs in all 50 states. She also mentioned that teachers and first-responders in the County are being trained to know what to look for.

Comments from the Public:

• Mayor Marino started this portion of the Agenda reading the newly changed Comment Card procedure – which states that cards must be submitted before the start of the specific agenda item.
• Paula Magnuson – expressed dissatisfaction with a council member saying that he would visit people’s homes if they sent him negative emails and praising another for his votes. This was met with an admonition by the Mayor stating that the speaker must address the Council as a body. Ms. Magnuson also handed the Clerk an envelope outlining other issues.
• Adam Gee, Damien Murray – both of the Palm Beach Gardens Soccer Program, and Tony Badala of PBGYAA, all made comments congratulating the Council and the City for completing the agreement with the County for the District Park.
• Carol Easton – wanted the Council to understand the history of Kevin Easton’s conflicts with the City as he tried to make improvements to the Sunset neighborhood, with her perceived heavy handed Code Enforcement as the repercussion.
• Former Mayor/Council Member David Levy gave an update report as the City’s representative to the Loxahatchee River Management Coordinating Council; he was just appointed/elected to be Secretary of the Council. He talked about a wet district called Palomar, spanning Martin and Palm Beach County. The Council ask that he also give them a written report.

Items for Council Action/Discussion:

Mayor Marino and others on the Council were concerned about an email that Council Member Lane wrote to FDOT on behalf of the Steeplechase HOA. Proper procedure was discussed:  that such issues should be brought before the entire council or to staff, and then the Council would issue such an email or corresondence in the name of the Mayor or the City Manager.  (As an observer, what was also interesting was the attendance of most if not the entire Council at a private HOA meeting.  While they did not make policy or vote on anything there, they attended to hear the subdivision’s concerns. While this doesn’t seem to be a violation of Sunshine, it certainly wasn’t a meeting open to the public.)

City Manager Ferris will 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.

Now It’s Up to the Voters

The chambers were packed at the start of the first 2018 City Council meeting. The majority were there to honor the Gardens Gators for winning the Pop Warner Super Bowl. At the conclusion of that portion of the meeting, about half of the chamber emptied out.

Items of Resident Interest and Board Committee Reports was dominated by Council Member Woods decrying emails generated by an action alert regarding charter changes and term limits, and then seconded by Council Member Litt  who added that there was also a facebook ad with their faces on it. She cautioned residents to  be careful of what one forwards or hits send on. Council Member Lane recounted the incredible Hanukkah celebration which included Ms. Litt and former Mayor Jablin, bringing all the temples together for the celebration. He also mentioned a Senior luncheon where the Council were the wait-staff. Mayor Marino covered a PBGYAA fund-raiser, toy drive and plugged the City resident survey results with 94% approval citing police, fire and recreation as the top issues of importance.

City Manager  Report:  Police Major Paul Rogers was recognized for graduating from the FBI National Academy – see the article in the Palm Beach Post , the City’s Holiday Joy Drive benefited over 1600 local children, including displaced victims of Hurricane Maria from Puerto Rico, and discussed the new brush trucks that the City bought, and the item on consent of the purchase of a public education trailer on fire safety – covered by Purchasing and Contracts Director  Km! Ra and Fire Marshall Dave DaRita.

Comments from the Public included heartfelt pleas by Carol and Kevin Easton referencing their long time battle with Code Enforcement and the unfairness of the entire situation. Anthony Badala, President of PBGYAA, thanked the Council for their votes regarding the new County Park and added his support for extending term limits to 3 consecutive terms citing continuity for his organizations successes. Joan Elias, long term resident and a presence at city council meetings for over 23 years, announced that she and her husband will be moving to be closer to their daughter. She also exclaimed her disagreement for term limits and said term limits is wrong for this City.

Public Hearings and Resolutions

Ordinance 24, 2017 pertained to the Annexation of Bay Hill Estates, The Preserve at Bay Hill Estates and Rustic Lakes – second reading and adoption would result in this being placed on the March 13, 2018 ballot for residents of those communities. The majority of those remaining in the chambers were there to speak for or against placing the involuntary annexation on the ballot. Several in Rustic Lakes, while not opposed to annexation, want the vote to be delayed in order to answer their concerns about this ex-urban community being annexed into the city. Others from the community felt that there was adequate time remaining to get educated and get questions answered by election day. More than 10 people spoke, and one individual brought a list of names of Rustic Lakes residents who wanted annexation. There was some discussion between City Attorney Lohman and Mayor Marino explaining the differences between property tax homestead exemptions versus the definition of homestead used by the state for debt or lien protection, as that was one of the concern cited by some of the residents with large properties. Council voted 5:0 to proceed with placing the annexation question on the ballot.

Ordinance 26, 2017 –  Comments pertained to the referendum questions on the charter and the proposed charter replacement.  Speaking against placing the charter questions on the ballot were Kevin Easton and David Parks. Mr. Parks pointed out that Question 1 posits itself as a housecleaning exercise when it does so much more than that – including removing City Manager Residence, and the requirement for Charter Reviews.  Council Member Litt stated that the contract should be place for residence discussion.  Vice-Mayor Marciano – upset by some believing the theory that ‘the fix is in’, and that the Charter Review Committee (CRC) was a result of a conspiracy, explained that the review process has been discussed in the open for 7 months or more, that emotions have been raw and and council members have disagreed. The easy thing would be to buckle under the negative emails and wait. They’re doing the hard thing by placing it on the ballot. He hoped that the election turn-out would be good. Council Member Woods agreed with Council Member Litt – city manager requirements don’t need to be in the charter. Final vote: 4:1.  Lane No.

Ordinance 27, 2017 -The Council had to choose between two versions of the ballot question on changing term limits.  City Attorney Lohman spoke about retroactivity wording in 27B, which he suggested was the best choice as he had during the December workshop. Comments were made by : Nadine Smith – for 27b – she apologized for the email generated by completing a form which sent a letter where she said that she had NOT entered her email address or seen the letter, Linda Monroe, first Gardens’ female mayor – saying she was for term limits, but not for 2 terms and thus was for 27b, Sid Dinerstein was against 27b and suggested the city consider a district structure since some areas of the cities have no representatives, and Jane Feinstein voiced her support for 3 3-yr terms. The council rejected version 27A.  Council Member Litt stated that throughout campaign she had always said that she supported term limits but had voiced her concern about lame duck council and frequent turnover. Palm Beach Gardens is so much better than other cities and county so comparisons with those are invalid.  It takes time to learn and council members need that time. Council Member Lane said why he was for 2 4-year terms. Council Member Woods – attacked Attorney Dodger Arp (not present at the meeting) as the author of wording on the original term-limits referendum petition. He also spoke about  the retroactivity issue, and the council was taking on the hard topic of fixing the charter and not having a lifetime ban. Vice Mayor Marciano explained that having 2 4-year terms was discussed by the CRC and was logistically difficult.  Mayor Marino said that more people have spoken to her supporting 3 3-year terms. She also supported  27b since it  clears up the language  on retroactivity. As to districts, she said that ungated communities have been represented by former mayors Premuroso and Levy, and the candidates we get are those who want to do the work. The public will be deciding the fate of the council and the charter. She’s sure there will be campaigns and if the voters come out their voices will be heard. Council Member Lane said that the electorate had already voted on term limits.   Final vote: 4:1. Lane No.

Ordinance 28, 2017 –  the run again with 3-year sit-out – had been rephrased  in the workshop. There was no public comment.  Council Member Lane had trouble with the ballot language – because it was unclear to voters what they would be voting for versus what is currently stated in the charter and the results of  4th District Court of Appeals which stated that term limited council members could not run again. Council Member Litt reiterated retroactivity. Council Member Woods remarks were addressed to Lane, saying that the time to discuss this was at workshop.  He once again brought up Dodger Arp.  Lane replied that the proposed ballot language on all the questions are legally deficient and will be struck down by the first court that has an opportunity to review them and that the residents will once again pay for a losing case on term limits. Mayor  Marino finished the discussion by saying that the Counicl was NOT getting rid of term limits and that those who voted for term limits were never given a choice as to how many terms, and whenever term limits is on the ballot, it passes.  So the Council was just giving voters an opportunity to decide 2 vs 3 3-year terms and requirement to sit out before running again.  Final vote: 4:1 Lane No.

Ordinance 29, 2017 – plurality vs majority – Public comment by David Parks stating that  70% of Florida cities equal or greater in population to Palm Beach Gardens use majority (50% +1) wins vs plurality. Why is this changing? Where was the outcry to change this? He used PBGWatch’s phrase from 2012 – “Incumbent Protection Act”. Council Member Litt asked City Clerk Snider to list costs for recent elections – however Ms. Snider combined the costs for the entire March 2017 election plus run-off coming up with cost of $191K including advertising.  The discussion most often surrounding plurality vs majority revolves around voters’ rights and turn-out versus costs of run-off elections.  Vice Mayor Marciano  reiterated how great the CRC was, and yes, while the committee included  two people who do business with the city, that it was well run and he was happy with what they did.  Final vote: 4:1 Lane No.

2nd reading and adoption of Ordinance 30, 2017, Ordinance 31 2017 and Resolution 5, 2018 – all pertained to the fleet operations parcel rezoning and future sale and was passed 5:0 with no public comment.

Ordinance 1, 2018 – first reading, amended the budget for FY 2017/2018 with presentation by  Finance Administrator Allen Owens – budget amendments and adjustments relating to the budget stabilization account.  Passed 5:0.  Ordinance 3, 2018 – first reading of annual update to comprehensive plan – capital improvements budget.   None on council wanted a presentation.  Passed 5:0.  Resolution 3, 2018 – Artistry neighborhood in Alton timing of construction of perimeter wall.  Passed 5:0

Resolution 6, 2018 – exclusive franchise agreement for Solid Waste Collection and Recycling with Waste Management – $27 million contract over 10 years, non renewable. Km! Ra – Director of Purchasing and Contracts, reviewed the process, and described that the reason they chose to go with a 10 year contract when going for the proposal was that it made it more appealing to bidding companies. It also takes into consideration the growth of the city over that period. This will require a new contract after 10 years. Passed 5:0.

CITY RESIDENTS WILL SEE 4 BALLOT QUESTIONS ON MARCH 13, 2018;  RESIDENTS OF COMMUNITIES FACING ANNEXATION WILL HAVE A QUESTION REGARDING THE PROPOSED ANNEXATION ON THEIR BALLOTS.  ALL NEED TO GET INFORMED AND VOTE!

A Workshop at Last!

CITY COUNCIL SPECIAL WORKSHOP

The Gardens’ City Council finally had an almost 1.5 hour workshop on December 21st – although poorly attended by the public on the Thursday right before the holidays. There was significant discussion. So all in all having workshops is a practice which the Council should consider more frequently.

Unfortunately, the Council spent less than 10 minutes on Ordinance 26, 2017 which is (like question 1, in 2012), a repeal and replace of the entire Charter.

• The only discussion was on residency of city manager and why it’s important not to limit choice in hiring a city manager, or the future manager’s ability to find a residence in this expensive city. The proposed new charter eliminates all mention of  City Manager residence – and Vice Mayor Marciano  brought up the topic because this was a matter of some resident concern in 2012.  It could be done as part of the hiring contract.  Council Member Woods agreed – and both referenced North Palm Beach and Jupiter as examples. Mayor Marino exclaimed it should be a contract issue not a charter issue.
• Not debated at all were other changes to the Charter such as: definition of what constitutes a term, how vacancies are filled, the elimination of requirements for charter reviews, the elimination of requirements for city audits, the elimination of city manager evaluations, throwing out actual votes in definition of ‘total votes cast’...apparently nothing to see here as far as the Council is concerned – and the voter won’t be seeing it in the ballot summary language either.

Ordinance 27, 2017 (Term Limits) has two versions of ballot question 2 – A and B and the Council will have to decide on which one to select at the January 4th, 2018 city council meeting. Council Member Lane asked if A and B wording could be combined into one question. City Attorney Lohman didn’t respond to that question but thought Lane meant combining all the charter change language into 1 question and thus it was not considered. (The retroactivity language could have been included in version A to make the wording more comparable.) Lohman recommends B.

Ordinance 29, 2017 (Plurality instead of Majority) – The issue of plurality vs majority took all of about 3 minutes – with City Attorney Lohman lamenting the even poorer turnout for our City’s municipal run-off elections than for regular Uniform Municipal Elections.

The remainder of the workshop debated primarily life-time ban on running again (Ordinance 32, 2017) versus the provision to sit out and run again (Ordinance 28, 2017). The council discussed the pros and cons which would then be considered once again in the Special Meeting which followed after adjournment.

CITY COUNCIL SPECIAL MEETING

The purpose of the special city council meeting was to discuss specifically the selection of either Ordinance 28, 2017 or Ordinance 32, 2017 for inclusion on the ballot. Public Comment was made by 3 individuals:  Lois Kleinberg, Meg Shannon and Jane Feinstein all recommended that the Council choose Ordinance 28. Ms. Shannon, a member of the Charter Review Committee directed her ire at those residents who disagree with placing the proposed changes before the voter in March. She asked ‘what were they so afraid of?‘ (We would answer – having the votes of 16,000+ voters  from the November 2014 election overturned by possibly 500 or so votes in a woefully attended Uniform Municipal election in March).

The Council then discussed again the merits of each proposal – with the final vote 3:2 (Lane/Marciano against) for Ordinance 28, 2017.

In more detail, Mayor Marino led off and proclaimed that the recommendations of the Charter Review Committee cannot be ignored, spoke out against term limits in concept (citing stability), said it’s for the voters to decide, that the election had to be in March because SOE Bucher says so, and that the Council was being courageous by placing the questions on the ballot. Council Member Litt summarized that a lifetime ban was never intended. Council Member Woods (he of ‘3 terms and you’re out’ verbiage over the last several months) reconsidered and was now for the ability to run again after a sit-out. Council Member Lane disagreed with the City Attorney’s interpretation of the base Charter language on term limits and the retro-activity provision, feeling the current charter language was clear. As explained in the Palm Beach Post article summarizing the meeting results and  the contentious ending to the meeting here, Vice-Mayor Marciano explained his concern with possible voter confusion on the wording in Ordinance 28, 2017 and described Ordinance 32, 2017 (life-time ban) more clearly worded.

Expect the January 4th meeting to have a heavy agenda – however other than choosing the ballot language for Ordinance 27, 2017 (term limits choices A or B) the discussion by Council on the ballot questions will most likely be pro-forma.

Martino: Charter Changes – No need, No reason, No urgency

At the tail-end of the December 7th Palm Beach Gardens City Council agenda scheduled for 1st reading considerations and Council votes were Ordinances 26, 27, 28, and 29. Each of these ordinances concerned ballot language for the City Charter changes that were recommended by the Council appointed Charter Review Committee. It is the City Council’s intent to offer these major Charter revisions as ballot questions to the registered voters of Palm Beach Gardens in a March 13, 2018 election in total.

Ordinance 26 basically decimates the existing Charter as it is currently written except for City boundaries. Ordinances 27, 28, and 29 foment radical changes to the 2014 Term Limit Law that was voted into the Charter by 16,000 yes votes. These ordinances drastically alter the City’s election process. The City Council agenda spent 173 minutes on these ordinances as delineated below, 135 under public comment, and 38 minutes to approve the ordinances. The Council members contributed little discernible justification for their decisions…

• The City Attorney occupied 53 minutes of the Public Comment time giving an excellent presentation but one that should have been given at an earlier Council workshop that was never held.
• The Public commented for 51 minutes both pro and con on the 4 ordinances.
• The Charter Review Committee Chairman spoke for 9 minutes and the City Attorney for 3 minutes defending points of contention.
• Finally, the City Council members entered the Public Comment discussion for a whole 19 minutes. One Council member voiced his objections to the whole mess for 7 minutes while another Council member berated his fellow member’s comments of objection with anger and annoyance for another 7 minutes. That left about 5 minutes for the other 3 members to show their stuff and approve Ordinance 26.
• Ordinance 27 which changes the Council term limits from two-three year terms to three-three year terms took all of 12 minutes to discuss and approve.
• Ordinance 29 changes the mandate that a majority of votes are necessary to win City Council election to a simple plurality wins was discussed and approved in a 4-minute blink of the eye.
• Ordinance 28 which establishes a sit-out provision before an incumbent Councilperson can run again for a new set of three-three year terms was so perplexing that no one understood whose ox was being cored. So after 22 minutes of confused discussion the City Attorney was directed to bring back new language to be discussed at a Special Meeting called for December 21st.

Okay, so where are we? The Charter Committee has met as required and submitted its recommendations. The City Attorney has provided his best efforts to legally support the City Council’s directions. The City Council approved on 1st reading the ballot language to ask the City electors to consider these drastic Charter changes. All that remains is the final Council approvals scheduled for the January 4, 2018, Council meeting.

Okay, so what is missing, wrong, or inappropriate? Quite a bit I would say! Missing is the demonstrable need, reasoning, and urgency for these City Charter changes. Wrong is the less than transparent approval process that the City Council has foisted on the Public for these Charter changes. Inappropriate is the self-serving perception of current City Council members who understood the Term Limit Law existed and applied to them when they very recently stood for election to the City Council and have yet to complete a single term but now recommend changing the Term Limit Law to their benefit using their appointed Charter Review Committee recommendations as a shield and an excuse for these Charter changes.

Okay, so what are my observations? Recommendations from appointed committees are not mandates to the City Council or its constituents; translation:  it is not a requirement, legal or otherwise, to present a ballot question on any or all of the Charter Committee recommendations. A requirement of transparency is communication of thought and reasoning among Council members themselves with the Public in attendance; translation:   workshop meetings should be held to explain positions of each Council member within the body and to the public so clear and concise policy direction can be developed. Perceptions can be altered by changing direction before finality prevents the opportunity for course corrections; translation:  stop now and start over to correct a flawed process and course of action.

My message to the City Council is a simple one…

Don’t touch our elections! Don’t touch our term limits! Leave them alone!

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