Council Forges Ahead to Change Term Limits and Elections 4:1

In their zeal to put proposed Charter changes on an expected very low-turnout, no-candidate electon in March, the Council spent more time debating whether or not an issue City Attorney Lohman found with ballot wording and the existing Charter for allowing term-limited council members to run again than they did the significant changes that reside not just in term limits, but in the base charter. Only Council Member Lane, voting against all four proposed ballot questions, raised significant issues with ballot language, the failure of the Council to conduct workshops or actively debate the changes, and need for such a rush to make these changes with so little debate and so early in the new council’s incumbency. His comments were met with derision and offense taken by the remainder of the Council and the City Attorney. Shame on them!

We make no attempt to be objective on this issue – Matthew Lane was taking the correct position and raising precisely the issues that should have been raised at this meeting. He should be commended for taking a stand. While Mayor Marino proclaimed that the Council was to there to make policy and not legal arguments, the Council once again hid behind their appointed Charter Review Committee and avoided discussing the issues inherent in the ‘cleaned-up’ charter. It’s the often quoted “Let the People decide” which the weak use when unwilling to debate the issues and make difficult decisions. It is possible that some on the Council don’t even recognize that there ARE issues.

PBGWatch – as a blog, was formed in 2012 directly as a result of the actions that the (different) Council then attempted to take in introducing significant policy modifications in the guise of modernization. Sadly, history is repeating itself – although with a little more transparency but not much more deliberation by the current Council.

As in 2012, the proposed charter is a total replacement. As such, it is totally reorganized and renumbered. Whether originating in the work of the Charter Review Committee and/or the City Attorney, the voter will not know about the details within. Nor will those details have been discussed at any length or at all by the Council. There are changes that affect how elections are handled and how votes are tallied – but the voter will NOT know that.

While there were many members of the public speaking for and against extending term limits, allowing term-limited to run again and for/against majority vs plurality wins – not much new ground was broken on either side. Nor did it matter as the Council was already firm in their positions.

NOTE – THERE WILL BE A SPECIAL CITY COUNCIL MEETING TO DISCUSS AND CONDUCT FIRST READING ON ORDINANCE 28, 2017 REGARDING TERM-LIMITED COUNCIL MEMBERS RUNNING AGAIN ON DECEMBER 21 AT 7PM. COMMENTS WILL ONLY BE ACCEPTED SPECIFIC TO THIS ISSUE AND NOT ANY OTHER TOPIC OR NON-AGENDA ITEMS.

Expect Council votes to be pro-forma on these ordinances in the January 4th, 2017 City Council meeting since this council feels it has adequately addressed the issues.

The December 7th Council meeting was a long one – starting at 6pm. The first two hours were spent on the presentations, items of resident interest and board/committee reports, and other agenda items, all passing 5:0.

A more detailed list of items within the proposed replacement charter – Exhibit A in Ordinance 26, 2017, will appear as a separate future blog post.

Here is a link to the Charter discussions during the meeting. And here is the Palm Beach Post article on the topic.

Some…Are More Equal Than Others!

And our Mayor and Council apparently agree!

The November 2nd City Council meeting didn’t start with a bang, nor end with one – but the 8 minute ‘rant’ by former Mayor and Council member Eric Jablin (as covered by the Palm Beach Post here) provided for fireworks. It also demonstrated that our Council has one set of rules for some, and another set for others. It would have been interesting to see if Mayor Marino would have allowed some other former Mayors/Council members with whom she didn’t just happen to agree, the same courtesy of speaking longer than the allowed 3 minutes. Perhaps, but more likely, not.

Last month, several opponents of changes to the City’s term limits or allowing those term-limited, to run again spoke at the meeting. So this month, proponents of the proposed Charter changes came out in force to support 3 3-year consecutive terms (all but acknowledging that incumbents are always re-elected) – which is their right – including Steve Mathison (a member of the Charter Review Committee), Meg Shannon (also a member of the Charter Review Committee), David Markarian, Patrick Connors, Anita Carbone, Stan Klett, Bill Champlin (President of Ballenisles Community Association) – speaking for the Community on hurricane relief and personally on term limits, Jane Feinstein and finally Eric Jablin who was conveniently speaking last.  Iris Scheibl asked the Council to make City Manager Residence a separate ballot item, that the Council need not put anything on the ballot, and that they ponder who of the public are clamoring for longer terms in office.  Apparently, to hear the proponents of 3 3 year terms speak – no other City has ever had 2 consecutive Term Limits  (see:  Two Consecutive Terms is Good Enough for PBC Cities)

It was hoped that the Council would use the relatively light agenda to explore the proposed Charter Changes in more depth – however it was not to be. At the end of the council meeting, Council Member Marciano lamented the tone of some of the emails he has been receiving with implied threats of ‘we’re watching you’ – that the Charter Committee consisted of well-respected members of the community and that he welcomed input from anyone who wanted to discuss things whether or not in agreement with him. He insisted that no one is trying to eliminate term limits. Mayor Marino echoed Marciano’s comments and also said the Committee consisted of an ‘independent’ group of volunteers….. But other than that, none of the Council spoke to the Charter. Council Member Lane nominated former Mayor/Council Member Levy to a council position usually filled by one of the Council Members.  City Attorney Lohman saw no issue nor business conflict and Mr. Levy’s membership was voted 5:0.

Speaking on unrelated topics during Public Comment were Katie Gettinger on a Solar Cooperative in Palm Beach County , Andrew Heim on PBG Soccer and the Predators, and Kevin Easton on traffic issues and Sunset Drive.

Also on the agenda –

• The CEO of Palm Beach Gardens Medical Center Dianne Goldenberg on the economic impact of the center
• students at the Weiss School speaking on their Cube Sat project ( for background see Here’s Why NASA is Sending a Gardens’ School Satellite into Space)
• presentation on the City’s participation in the FPL Solarnow Program – brought to the City’s attention by Council Member Litt.

City Manager Ferris also thanked two Police Dispatch Supervisors – Kirsten Tucker and Sharlotte Theriault for the grueling 6 days they spent in Marathon working night shifts after Hurricane Irma providing huricane relief.

Passing 5:0 on First reading were Ordinance 20, 2017 to provide for the collocation of small wireless facilities or micro wireless facilities on existing utility poles or the installation of new utility poles to support the collocation of small wireless facilities or micro wireless facilities in City-owned rights-of-way and amending the definitions to be consistent with Florida Statutes, and Ordinance 21, 2017 allowing land development section 78-159 to permit Electric Automobile Showrooms. Tesla will be bringing their proposed showroom before the Council in December.

Next month is already planned to have a heavy agenda – so be assured – the proposed Charter Review ballot items will probably get short shrift on discussion – because it appears that the Council has already made up their minds and not scheduled any kind of workshop on the topic. We hope they prove us wrong.

 

Proposed Term Limits Weakening Dominates Meeting

The October City Council meeting had a fairly light agenda, with the exception of the Charter Review Committee Final Report – which was expected to generate a lot of discussion. Mayor Marino reordered the agenda to leave the report until Council Member Lane, who was delayed, could be there to hear it. So the Consent Agenda (4:0), City Manager Report, and Items of Resident Interest preceded the presentation.

Prior to the Council meeting, several supporters of the Palm Beach Gardens Needs Term Limits Committee, demonstrated outside City Hall carrying signs. During the meetings, opponents of the Charter Review Committee recommendations regarding Term Limits and elections sported stickers stating “Don’t Touch My Term Limits – Leave it alone!!”

Charter Review Committee Final Report agenda item:

The Charter Review Committee met several times in August and September.  The Committee, selected by the Council , consisted of Craig Allgood, Ian Helsby, Steve Mathison, Meg Shannon – Vice Chair and Brian Seymour – Chair – all City residents.  They developed a set of recommended modifications including simplification and removing conflicts with Florida State Statute.  They also made recommendations with respect to Council terms and elections.  Present from the committee were Brian Seymour and Meg Shannon.

Mr. Seymour presented the Committee recommendations, focusing on those known to be controversial. Copying directly from the report those are:

We recommend that term limits remain and that they be provided as three full three (3) year terms and that it be clarified that after being elected to three consecutive three (3) year terms and serving at least one-half of the final term, a person may run again only after sitting out a full three (3) year term. We should also clarify that service of one-half or less than one-half of a full three (3) year term shall not count toward the subject term limit.

We further recommend that some of the language relative to “a majority of the votes cast” be clarified to provide that only votes cast for a qualified candidate whose name appears on the ballot and is eligible to take office at the time of the election shall be counted. No vote for a deceased, withdrawn, or removed candidate should count or contribute toward the total number of votes, number of under votes, or number or over votes

We recommend that elections be determined by plurality and not majority of votes cast for a candidate qualified to be on the ballot at the time of the election.

City Manager residency was also one of the issues during the 2012 charter review however not discussed at length:

We recommend removing the residency requirement for the city manager as follows: “The city manager need not be a resident of the city at the time of appointment, however, must be a resident within one year following the appointment, though residency as soon as practical after appointment is encouraged.”

See the report and rationale for each point here: 2017 Charter Review Committee Final Report.

There were numerous residents who made comment on the report.  The following summary doesn’t do justice to their comments:

• Tom Cairnes – representing himself,  not speaking for the PGA Corridor Association – praised Irma cleanup  then spoke on the charter: projects take 30 years to happen, need continuity to carry through on original concepts and make sure what was in original plans are followed up on over time. Tri-rail is an example – in support of  Review Committee’s recommend changes.
• Roma Josephs – member of the Board of Ballenisles – takes a long time to get anything done – need the experience and will to see it through. supports the charter committee. Ballenisles will vote for it.
• Kevin Easton – against any changes to Term Limits  – proposed changes disenfranchise voters by changing term limits
• Sid Dinerstein –  proposed changes reflect utter contempt for the PBG electorate by putting on a March ballot when no candidates are on the ballot. More voted for term limits than voted for any of the Council. Plurality instead of majority is a scheme to tilt election odds in favor by adding straw candidates. Already can’t trust you, the new council
• Philip Blumel –  Lake Worth, President of US Term Limits – commended those who got it on the ballot and got 80% of the citizens to get it approved. nothing about the current term limits allows those to run again. Simple and just like the ones everywhere else. It’s typical for electeds to try and circumvent – first went to court, next resort is always a new and improved version – always includes letting them sit for additional terms, and not count their existing term and put on a low ballot election – typical.
• Vito DeFrancesco – very impassioned remarks – With small turnouts it can be tilted. For 30 years elections have been tilted by powerful, well organized high-end communities that will turn out their voters despite what the majority wants. You’re going to try and sneak in, back-dooring everyone who voted and that our opinion means nothing. Not right. Government at its worst. Voices of people don’t mean anything – government can’t be trusted, gets what it wants, government sticks together and the people are puppets meaning absolutely nothing in your opinion. If you change it, we’ll put it back, get it back on the ballot and make it so you can’t touch it again – what you’re doing may be legal but surely isn’t ethical.
• Iris Scheibl – who had attended most of the charter review meetings, read the text of the 2014 ballot question, pointed out that none of the Council would be there had it not been for term limits, that just because the committee made a recommendation doesn’t mean the council has to accept it, and asked that any election or term limits change be on a November ballot.
• Fred Scheibl – recounted Council’s history of losing trust – and is trust is rarely regained. Term limits was a grassroots petition effort and city fought it at every step. courts validated the law despite the city’s objections. you were elected by these rules and should abide by them. not enough time to evaluate. Make no changes regarding the conduct of elections; changes to basic principles means of gaming the system. if you go forward – the campaign organized to opposed it – you will be on that ballot.
• Marilyn Parmet – agree with previous statements – she was one of those who got term limits petitions signed – no one turned her down in signing the petitions – this is the will of the people, please respect and do the right thing
• Nick Tomboulides –  Melbourne – Executive Director of US Term Limits – if term limits are too short – that means it’s working. on one side is 80% of the voters; on the other side – those who are affected by that term limits law. It’s a conflict of interest – you shouldn’t be discussing let alone placing on the ballot – should recuse yourself.  Hands off term limits
• Barbara Grossman – another person who collected petitions and no one turned her down.  All were losing faith in the council due to the stadium.

The Council, after some debate on two 4-year terms, which Council Member Lane favored, discussed their views on the proposals and directed City Attorney Lohman to present 4 ballot questions to them next month – a base question updating the Charter, and the 3 questions related to term limits and elections. The Council will then vote in December and January (first and second readings), in time to place the questions on the March 2018 Uniform Municipal Election. Watch the Charter Review part of the City Council Meeting here, for complete discussion and read a summary of the subject from the Palm Beach Post here.

After the extended Charter Review discussion, passed 5:0 were:

• Ordinance 22. 2017 – Ban of Medical Marijuana Treatment Center and Dispensing Facilities. While one person made pubic comment saying that it was silly to wait for allowing such centers in the City, Council Member Litt had Police Chief Stepp address some of the safety issues due to the fact that all transactions have to be done in cash. He also pointed out that patients can have the medical marijuana directly delivered to their homes. Rachelle Litt then gave an outstanding in-depth explanation for her ‘No’ vote – articulating how the current legislation is an attack on Home Rule, covering medical concerns as a pharmacist, and that this was an ‘all or nothing’ proposition. Watch the discussion by Council here and the Palm Beach Post summary here.
• Ordinance 23, 2017 – Moratorium on Micro wireless Facilities until December 31, 2017 – this is another attack on Home Rule. Staff will come back in the November Council meeting to cover recommended policies.
• Resolution 71, 2017 – allowing for 3 Entry Signs to the Burwick Residential Community within PGA National

Additionally – Appointments and Reappointments for AIPP, Parks and Rec, and PZAB Advisory Boards were discussed and voted on. Council Member Lane spoke at length about the candidate process. He pointed out that candidates apply for many boards, don’t have to outline their qualifications for each (any) of those boards, nor make the case why they should be considered. Not all votes were unanimous – see the  City’s Board and Committees page at a later time – the website has not yet been updated with the new names as of this posting. Staff was asked for a future recommendation on enhancing the application process for Boards and Committees.

Two Budget Hearings result in 7.4% Increase in Property Tax Revenue

The City Council voted to hold operational millage flat at 5.55% at both Fiscal Year 2017/2018 Budget Hearings on September 7 and 25, 2017.  Even for those on the Council who would have liked to reduce property taxes somehow they concluded that it looks worse to residents, and is worse to lower the tax rate now and then have to raise it later. Legislative issues, potential passage of the 2018 ballot question on additional homestead exemptions as well as need for reserves due to storm impacts, all weighed into the debate. See Taxes to rise for many in Palm Beach Gardens from the Post, which covers some of the Council’s rationale.

The Council meetings spanned Hurricane Irma. On the 7th, City Manager Ferris gave a detailed update on Storm Preparation  and then on the 25th gave a summary of the actions taken to recover from the storm and bring the City back to full function as soon as possible.

The September 7th council meeting also passed 5:0 first readings on:

• Ban of Medical Marijuana Treatment Facilities and Dispensaries
• Moratorium on Micro Wireless Facilities until December 31, 2017 – allowing regulations to be developed consistent with State statute
• Rearrangement of Floodplain Management Regulations

Also passed were:

• 2nd Reading and Adoption of Operation of Mobile Food Trucks
• Art in Public Places resolution for La Posada
• Approval of FPL Watts Substation on utility parcel at Alton

The September 25th council meeting featured a short presentation by Joseph St. Germain on the 2017 Resident Opinion Survey. The survey can be read in its entirety here  and the Post has a short recap. The survey was quoted in several places in the budget documents to bolster rationale for future action plans.

Summaries by the council during Items of Resident Interest raised issues with recent (and expected) actions by the State Legislature that severely impact Home Rule.

Besides the adoption of the Tax Levy and Millage rate and the adoption of the FY 2017/2018 Budget, the council passed 2nd reading on the two ordinances related to the Floodplain Management Regulations 5:0.

The October 12th City Council meeting will feature the recommendations and report of the Charter Review Committee.

Flush with cash for $50 Million for Capital Improvements

Save the dates!

• Thursday August 24 – FDOT Workshop – Staff and their consulting teams have been invited by the City to present at this workshop to provide the most recent plans regarding upcoming Interchange Improvements at: I-95 and Central Boulevard I-95 and PGA Boulevard I-95 and Northlake Boulevard, Northlake Boulevard and Beeline Highway This workshop style meeting is designed to allow the public to engage with FDOT representatives and have their project questions answered. This was a workshop requested by Council Member Woods earlier in the spring and should be of interest to residents and anyone who travels in North County.
• Thursday Sept 7  and Monday Sept 25 for FY 2017/2018 Budget Hearings
• Also – for those interested in the meetings of the Charter Review Committee – those will be on the City Calendar and are open to the public.

The August City Council meeting was relatively brief. Fire Explorer Nick Swan was honored for his heroism in a Tequesta fire in August 2016. See the PB Post article on his bravery. The City’s Police Explorers placed Second in the state for this years’ competitions.

All items passed 5:0 except for Consent Agenda Item Hospitality Staffing Services for Sandhill Crane Golf Club from which Council Member Lane recused himself.

City Manager Ferris gave an update on the current status of the numerous Capital Improvement Projects in the City. The $30 million in Sales Tax related projects coupled with the $20 million in budgeted construction projects are project managed by a team of 3 staff who Ferris will acknowledge in September. For a detailed list plus status see here or watch Mr. Ferris’ segment of the meeting. In addition, he played a short clip of the City’s Head Golf Professional Sherri Pla which can also be seen above.

Resolution 44, 2017 – Adoption of the City’s Annual Community Development Block Grant (CDBG) Action Plan was accompanied by a video (some of it taken with the Police Department drone) highlighting three re-roofing projects accomplished with the prior year’s grant. Resident Christen OConnor, one of the homeowners assisted by the grant gave a heartfelt thanks.

When Resolution 50, 2017 – Appointment of members to the Charter Review Committee came up for discussion, Vice Mayor  Marciano wanted to open discussion on what the others on the Council were looking for in their nominees. However, Mayor Marino countered that clear directions and criteria was given to the Council and that the nominees should be listed and voted upon immediately. No other  council member made comment other than to give their nominations and all were approved with a single motion. Congratulations to the following active residents on their nominations:  Craig Allgood – nominated by Rachelle Litt; Ian Helsby nominated by Matthew Lane; Steve Mathison nominated by Carl Woods, Meg Shannon nominated by Mark Marciano and Brian Seymour nominated by Maria Marino.

Additionally – Mobile Food Trucks will now be subject to streamlined permitting by Ordinance 17, 2017. Also Eric Bruns of West Palm Beach, a recently returned veteran, spoke about his 501c3, Voice for Veterans which aids with education, training and mentoring for recently returned vets to obtain meaningful employment.

The City Attorney was not asked if he had a report and the meeting was concluded.

Effusive Praise Abounds

After Mayor Marino called for a moment of silence for Fire Rescue Lieutenant Gary Bussey – the City Council Meeting proceeded through numerous recognition events with accompanying picture taking sessions. Items of Resident Interest continued the highlighting of additional city employee accomplishments by Council Member Woods, and proceeded through the City Manager Report where there was even more praise – culminating in the annual City Manager Evaluation – which couldn’t be better.

Interspersed in this love fest was some new City Business. The Consent Agenda, and Resolutions all passed 5:0.

Highlights:

• State Senator Bobby Powell delivered an outstanding power-point presentation summarizing the just completed Legislative Session and pointing out those items of special interest to the City of Palm Beach Gardens. Here is a link.  It is well worth watching for an easy to understand summation.
• Vice-Mayor Marciano asked that Resolution 45, 2017 be pulled from Consent; Planning and Zoning Director Natalie Crowley gave a quick overview of the future Palm Beach Gardens Tri-Rail station area planning, and introduced Kim DeLaney, Director of Strategic Development and Policy for Treasure Coast Regional Planning Council who will serve as the project manager on the strategic plan development. There will be public workshops in the fall – watch for them.
• Council Member Lane requested that the Purchase Award for the new Tennis Center Clubhouse be pulled from Consent. Director of the Purchasing Department Km! Ra and Laura Schuppert, Recreation Director – described the need for an enlarged Clubhouse, explained that the $3 million is covered by the Sales Tax funding, and presented the Council with an animated walk-through of the new Clubhouse.
• Mayor Marino had two proclamations pulled from Consent as well – to recognize two Entrepreneur Score Winners who were given an opportunity to speak about their businesses.
• After a brief overview by Finance Administrator Allan Owens, the Council set the Maximum Millage Rate for fiscal year 2017/2018 to its current Operational Rate of 5.55 mils and slightly decreased .1178 debt service for an overall millage of 5.6678 – which will be used by the County Property Appraiser to send out the Trim Notices in August. This represents a tax increase since property values have appreciated significantly.   (It should be noted that the city has not made the budget proposal detail available to the public yet – so the total dollar amount to be raised in taxes (which expected to be more than 5% over last year) or how it is to be allocated was known only to staff, the council and the budget committee. This effectively precluded any intelligent comment by the public before they set the maximum millage rate. The county, and many other municipalities are much more open and transparent in this regard.) Discussion during the item, and later during Items for Council Action/Discussion was mixed. Vice Mayor Marciano, who had served on the Budget Oversight Committee for five years, asked the Council to individually think about whether there was possible room for at least token relief to the tax-payer. Mayor Marino and Council Member Woods were firm that there was no room for consideration of any such tax relief. The first Public Hearing on the Budget will be on September 7.
• The Council approved the establishment of the Charter Review Committee and Timeline. Resident Iris Scheibl requested that any proposed Charter changes, especially pertaining to something like Elections, be placed on the November 2018 ballot instead of the March Uniform Municipal Elections due to the expected very low turnout in March. Vice-Mayor Marciano replied that he spoke with SOE Bucher and that she rejected November out-right. There was no other discussion. The Council Members will put their nominations for the Charter Review Committee members to staff by July 24th and they will be voted upon in the August 3rd City Council Meeting.
• City Attorney Lohman informed the Council that the City lost on appeal the case with Sears  and that he recommended that the Council repeal Ordinance 20, 2012 which was found to be unconstitutional. The Council will vote on such an ordinance next meeting. The City will be responsible to Sears for legal fees yet to be determined.
• During Public Comment – Tom Cairnes, of the PGA Corridor Association, praised City Manager Ferris and reminded the public of the 9/13 Mobility Around the Gardens event that was mentioned last month.  Tom Murphy of the Police Foundation described the 10th annual Police Foundation Golf Tournament to raise funds for the Police Explorers.

The next council meeting will be held on August 3rd.

 

Council Eliminates Liaison Role to City Committees and Boards

Following is a summary of the June 1st meeting.   The key policy change that was made was the elimination of council member liaisons to various City boards and committees in Ordinance 14, 2017 described below.

Announcement and Presentations:

• State Representative Rick Roth spoke on several bills – the most discussion with the Council related to the impact on local or home rule by “WIRELESS TECHNOLOGY: Limits local governments from regulating types of equipment known as “small wireless facilities” in public rights of ways that are used for new 5G wireless technology. (HB 687)” which could over-ride local zoning in placement of towers/devices.
• Marcum LLP, the City’s external auditor, gave the 2016 budget documents rave reviews with a ‘clean opinion’ and ‘no findings’.

Items of Resident Interest and Board/Committee Reports:

Council Member Woods asked the Council (who agreed) to ask that the City Manager have a Workshop by FDOT on the three I-95 interchanges (Northlake, PGA and Central) to inform the public on proposed traffic movement and right-of-way issues in August. Most of the FDOT workshops have been interchange specific which doesn’t get at City-wide issues and traffic movement.

Comments from the Public:

• John Channing – of the PGA Corridor Association, took over from his brother Joel Channing. He mentioned the 4th Annual Mid-Year Economic Update, given by Dr. Weiss and mentioned a 9/13/17 event to be held at the Embassy Suites on Mobility Around the Gardens
• Don Mathis – discussed the Transportation Improvement Program (TIP) stating an issue with all projects scheduled for the same construction year and referred the Council to WPB or Boca for ideas on how to change this.
• 3 Employees of Gander Mountain spoke on the imminent closing of Gander Mountain (Travis Holmes, Jon Bagley and Lance B (sorry – he didn’t give address)), the potential loss of 70 to 100 plus (in season) jobs, if the new owner, Camping World is prohibited from displaying RVs outside dues to zoning. They and fellow employees who did not speak, were asked to wait until later in the meeting so the item could be addressed by Council and staff.

City Manager Report:

City Manager Ferris highlighted several recent awards, gave a brief presentation on before/after pictures of the impacts of Code Enforcement and mentoned a city-held event on Weather The Storm (hurricane preparedness) this Thursday, June 8 from 6-8.

Consent Agenda:

Council Member Lane asked that Item D on Consent be pulled for a presentation by Purchasing Manager Km! Ra on Municipal Complex Renovations ($668K). The rest of the Consent Agenda passed 5:0 as did Item D.

Ordinances and Resolutions:

• Ordinance 11, 2017 second reading and adoption of Specialty Pet Boarding passed 4:1 with Council Member Lane objecting. He pointed out that while the facilities themselves would have to be entirely enclosed, the animals would have to be brought in and out of the facilities and at some point ‘neighbors’ would object.
• Ordinance 14, 2017 Second Reading and Adoption regarding Procedures to fill board/committee vacancies, modify how absences are handled, and (most importantly,) alter the policy of having Council Liaisons to various Boards and Committees. County Attorney Lohman’s primary position was that the County Ordinance regarding the Sales Tax called for independent boards, and by expanding the City’s Budget Oversight Committee’s role to oversee the handling of the ‘penny’ sales tax, that committee was precluded from having a Council liaison. Don Mathis made public comment declaring the Council Liaison, especially on the Budget Oversight Committee, invaluable. The Council briefly explored having the Budget Oversight Committee divide their meetings into Budget and Sales Tax, with the Liaison only participating in the former. Vice-Mayor Marciano rightly pointed out that the voters, who the Council  represents, would be left out by the lack of liaison. Both Marciano and Council Member Lane reiterated their transparency and value issues from the prior Council meeting. To Mayor Marino and Council Member Woods, the issue seemed clear cut, and the value of liaisons to other boards seemed of lesser import. Mayor Marino compared the City policy to that of Jupiter, who didn’t have liaisons. Council Member Litt was torn, opining that all the input she got favored the continuance of liaisons, but she couldn’t see treating the Budget Oversight Committee exceptionally. With the vote of 3:2 (Lane, Marciano opposing), the Council ‘threw out the baby with the bathwater’ by eliminating board and committee transparency and interaction with our elected representatives while not modifying the Ordinance in any way to allow for interaction with the boards .
• In passing 5:0 both Resolution 42, 2017 – Opposing Conversion Therapies and Resolution 43, 2017 – Opposing Use of Exotic Animals in Circuses, our new council veered into Social and potentially Religious issues – passing non-binding, opinion resolutions.  Here is the Palm Beach Post’s coverage of Resolution 42, 2017./

Items for Council Action/Discussion:

• Gander Mountain – Mayor Marino thanked the Gander Mountain employees for staying. Natalie Crowley, Director of Planning and Zoning, gave a recap on the original Gander Mountain zoning (which would not have allowed for outside RV display). She had not yet been formally contacted by Camping World and was willing to work with them through issues, eg with such a display would there be adequate parking. Director Crowley needs to see a plan from the owner before discussions can proceed.  See Palm Beach Post coverage here.
• Charter Review Committee – Vice-Mayor Marciano had requested a time-line and proposal.  Staff suggested that any proposed Charter changes be on the March 2018 ballot. The Council did not dispute staff’s opinion that the changes could not be on the November ballot, and accepted staff’s comments that August 2018 would be too busy a ballot reiterating the ‘voter fatigue’ meme that was used by staff in 2012 and with term limits in 2014 – not mentioning that both proposals were on the November ballots in 2012 and 2014 respectively, and voter turn-out is largest. 
• Lastly, Finance Administrator Allan Owens discussed the impacts should the expanded Homestead Exemption to $75K be approved by voters in November 2018. He and the City Manager made the case that had this not passed to be placed on the ballot, perhaps a small decrease in ad valorem tax rate could have been entertained, but now, not so much, by threatening the budget stabilization reserve fund which the prior Council spent down earlier in the year.

Reminder – the July City Council Meeting will be held on Thursday, July 13 at 7pm.

New Council Asserts Itself

The May 4th City Council Meeting was the first full meeting of the new Council, and while all but two items passed  5:0 there were interesting discussions as the new members felt their way.

Announcements included an update on the Palm Beach North Initiative, and plans for The District (which would be an entirely refashioned Downtown at the Gardens).  See Sarah Peters article on the new plans here. 

Items of Resident Interest was fairly lengthy as the Council recounted their activities for the month.

During Public Comment, former Mayor Jablin read a proclamation honoring City Clerk Snider, in honor of Municipal Clerks’ annual recognition. The only other public comment was made during discussion of the County District Park.

City Manager Ferris announced awards and what will be national media coverage of the City’s Golf Professional, Sherri Pla.  The annual City’s Memorial Day event will be on May 29th at 9am at Veterans’ Plaza.  In response to discussion from the April Meeting on how to best structure outreach to residents, including those who do not have HOAs or gated communities, Mr. Ferris announced a new Speakers’ Bureau, which gives a way (including online access) for groups to request either Council members and/or staff to come speak on topics.  The City Clerk would refer those to the Mayor for appropriate action.  Council Member Marciano, who was the one who had requested ideas for this last month, hoped that this format would allow for ‘listening’ style meetings.  Council Member Woods was concerned that council members could be greeted by angry residents and there was some discussion that residents should be able to voice their views and it shouldn’t be contentious unless the ‘listener’ made it so.  Mayor Marino suggested that if a topic requires specific knowledge that the speaker doesn’t have, that they be accompanied by someone from staff that could assist in answering questions.  Each of the Council wants to see the entire list of requests.  (Editorial comment – those residents who don’t live in organized subdivisions or participate in some organizations or groups, would not necessarily be served by a format where they have to request such a meeting.  The concept of town halls as discussed during the campaigns would be outreach to the public, not the public having to reach out to the government.  It will be interesting to see how this works out).

All Ordinances and Resolutions except for Ordinance 11, 2017 (Specialty Pet Boarding) and Ordinance 14, 2017 (Handling of Board and Committee Appointments, Attendance and Council Liaisons) passed 5:0. Council Member Lane was concerned about the types of pets that would be covered by Ordinance 11, 2017 in the future and so voted NO on that item, which passed 4:1 on First Reading.  Both Council Members Marciano and Lane had concerns about eliminating the liaison role of Council on committees.  Marciano had appreciated the participation and insight of former Mayor Premuroso on the Budget Oversight Committee and felt that Mr. Premuroso brought back the Committee’s perspectives to Council discussion.  Lane felt the same about Mayor Marino’s role on the Parks and Rec Board. Mayor Marino suggested that there be requirement of some kind for the boards and committees to formally present to the Council – but nothing was discussed to flesh out that suggestion.  Ordinance 14, 2017 passed 3:2 on First Reading.

Resolution 38, 2017 authorized City Manager Ferris to negotiate and execute interlocal agreements with the County and to spend up to $11.2 million on the effort to construct the new District Park.  Council Member Lane, while in full support of the Park, was concerned about the ‘blank check’ aspect of the Resolution as written, and felt that there should be more direct Council involvement as well as a workshop on the topic.  City Manager Ferris took offense at Council Member Lane’s comments and implied that such oversight would delay the Park by a couple of years.  After further discussion, and Public Comment by Michelle Lewis in support of the park, the resolution passed 5:0.

During Items for Council Discussion, Council Member Lane suggested that the Agenda format be re-ordered to move Items of Resident Interest, City Manager Report and some presentations to later in the meeting so that Items for Council Discussion appear earlier in the meeting when there are people present to hear them.  The response by the City Manager and Mayor was that it was the City Manager who makes up the meeting, and that the Agenda as currently structured would stay as is.  Resident Joan Elias also supported keeping the agenda the same.  Council Member Marciano requested that next month a Charter Review timeline and process be presented and discussed.

A New Council Takes the Reins

The Council Chambers were packed with friends and family of the incoming and outgoing Council members on Thursday, Apr 6th. Mayor Tinsley called the meeting to order, and after the Pledge of Allegiance and acceptance of the results of the Municipal Election, she, Vice-Mayor Jablin and Council Member Premuroso stepped off the dais while incoming members Mark Marciano, Matthew Lane and Rachelle Litt each took their oaths of office and took their places at the dais. At this point, City Manager Ferris spoke about his relationship with each of the outgoing members and presented each with crystal gavels as a token of the City’s appreciation for their accomplishments, love of and dedication to Palm Beach Gardens.

Next came the nomination and appointment of the Mayor and Vice-Mayor. In both cases, Council Member Lane moved to nominate and close nominations for Maria Marino and Mark Marciano, respectively. Both were voted-in unanimously and new Mayor Marino took the gavel.

Comments from the public included welcomes and well wishes from Tom Cairnes of PGA Corridor, Ken Tuma, also of the PGA Corridor, former Mayor Joe Russo, former Mayor David Levy, Gunster Attorney, Gardens resident and member of many PB County organizations Brian Seymour, resident Pat Hughey, former Council candidates Joseph R. Russo and Michael Paolercio.  Margaret Kennard of North Palm Beach addressed concerns about handicapped space distance from Planet Fitness and asked that the Council address alternatives. Tom Murphy, President of the Palm Beach Gardens Police Foundation spoke of upcoming two $2500 scholarships along with welcomes to the new council.

As the Council turned to business, the chambers literally cleared out, leaving a handful of folks and staff for the remainder of the meeting. Both Ordinance 12, 2107 (and related Resolution 22, 2017) second reading and adoption, and Ordinance 13, 2017 passed 5:0.

There were no City Manager or City Attorney reports.

During Items for Council Action and Discussion, each of the new Council members expressed in turn what their election meant to them and their hopes for the City’s future. Vice Mayor Marciano asked City Manager Ferris for some ideas on how to coordinate future outreach by the Council to the communities throughout the City. He expressed the idea for town-hall (our term, not his) type get-togethers in both those communities that have HOAs (and respective club houses) and those that don’t (perhaps having such informal meetings at the library). We are very supportive of Marciano’s proposal and hope that it will be a continuous effort by the Council members.  This will be discussed further in the May City Council meeting, as will board and committee assignments for the Council Members.

Mayor Marino also pointed out that only 2 members of the public attended the New Council Orientation earlier in the week and hoped that others would take the time to view it online. It has an excellent overview of the various responsibities of the Council and staff alike and we encourage any future candidates and all residents to check it out here.

We also wish to thank former Mayors Jablin, Premuroso and Tinsley for their contributions to the City, and congratulate the new council for taking on the responsibilities and commitment to Palm Beach Gardens!

Is it Architecture or Art, Plus Council Goodbyes

This, the last full Council meeting for three of the members, began with heartfelt thanks and goodbyes from Council Member Premuroso, Vice Mayor Jablin and Mayor Tinsley during Items of Resident Interest. See Sarah Peter’s article here.

Comments from the Public also were related to their upcoming departure, with former Mayor Joe Russo, Tom Cairnes of the PGA Corridor, Joseph R Russo and Joanie Elias all thanking the departing council and recounting memories and accomplishments.

Resolution 30, 2017 sparked the most fireworks at a Council meeting in quite awhile. Mayor Tinsley had asked that the item be moved to immediately following 2nd reading and adoption of Ordinance 9, 2017 and its associated Resolution 20, 2017 which approved the Gardens Corporate Center PUD – with two eleven story office buildings and a three story garage for the NE corner of PGA Blvd and Alt A1A. The corporate center was approved 5:0 with pyramids (shown in the picture). The controversy arose over the applicant’s request to consider the two pyramids atop the office buildings as art, to meet the AIPP (Art in Public Places) requirement for the complex. The City requires that 1% of the cost of the $40 million project be alloted to AIPP. The cost of the two pyramids atop the buildings come out to almost $1 million, thus over twice the amount needed to meet the AIPP requirements. However staff disagreed strenuously that the pyramids were an intrinsic part of the buildings and in the approval of related waivers (eg height) and were NOT art. The disagreement began immediately with a request by the developer’s representative to postpone the Resolution 30, 2017 to the May City Council meeting. This would mean that an entirely new Council would be hearing the request, while the current Council – which had been involved with the project and just approved it, would have no say. After hearing arguments on both sides, Council Member Woods wanted to postpone to the May meeting, and Council Member Marino also wanted postponement as well. Vice Mayor Jablin made a motion to not postpone the discussion. The motion passed 3:2 with Marino and Woods voting nay.

Both the developer and staff then made their presentations. The developer made his case based on lack of functionality of the pyramids, that the Corporate Center’s site was not visible to the public while the pyramids would be seen by those driving in any direction, and that they were designed by an artist. Staff reiterated that the building approvals were obtained with the pyramids there, that one of the requirements of AIPP is that the artwork be unique (but the buildings are inspired by almost identical building pair in Miami where the pyramids were not counted as art), and that a 2007 ordinance specifically rejects architectural features as art. After much discussion, the Council voted 5:0 to reject the applicant’s request. Council Member Woods did offer compromise suggestions saying that perhaps the developer could do something art-related with the water wall. However staff was quick to point out that the water wall itself was not art and that an art element would have to be added. But that is for a future discussion with the new council.

All other Ordinances and Resolutions passed 5:0 with little discussion. Kathryn Gettinger made comments regarding Ordinances 7 and 8 2017 raising her concerns about the regulations with respect to wheel stops and parking on the grass. George Wicker, on the board at Ballenisles spoke in favor of Resolution 21, 2017 amending documents for the development.

There were no City Manager and City Attorney reports.

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