Martino: The Charter is Clear! Why Appeal?

I have a question for anyone who lives in Palm Beach Gardens, and above all, our esteemed City Council. The question is, “Wouldn’t it be nice if the City Council could get acquainted with the City Charter, particularly, its words and their meaning?” Well, in my opinion, apparently with all their “experience” the current Council members have yet to master many of the words and much of the meaning of the City Charter.

Case in point is the bungling and embarrassment surrounding the March 15th 2016 City CouncilSeat 4 election. There were 15,970 total votes cast in this election contest as certified by the election canvas board. David Levy, the incumbent, received 6642 votes (41.6%) and Carl Woods the challenger, received 6256 votes (39.2%). Neither received a majority of the votes cast.

In Article IV: The City Council, Section 4-1. – Election the City Charter clearly states, in plain everyday good old-fashioned English, that it is a requirement for a candidate to receive a majority of the votes cast. When this does not occur, the Charter states a runoff election must be held. When the City Council and its Administration decided to play politics with the results of the March 15th Seat 4 election and not hold a runoff election as the Charter mandates, Carl Woods filed a lawsuit to establish his right to a runoff election. A Circuit Court judge ruled the City must obey its Charter and schedule a runoff election between Messieurs Levy and Woods. But lo and behold, the City Council and its Administration refuse to believe the Judge can read and so they have voted to appeal his decision.

That raises questions, questions, and more questions! Is the City Council dwarfing the will of the people’s Charter by trying to produce a dictatorial end that they, each of them, seek? Why involve the City in continuous, contentious, and costly litigation? I wonder if power has something to do with it. Are the Council members protecting one of their own, David Levy, the City Clerk, or perhaps both? Who is paying for David Levy’s personal lawyer, who incidentally, is affiliated with a law firm that regularly appears before the City Council on behalf of developers?

From my perspective, there is something very ominous in this dereliction of trust in the City Charter by the Gardens’ City Council. Is it a deliberate and direct falsification of the Charter’s words and meaning to support personal power and ambition? Is it a direct attempt to discount the will of the voter by sowing the seeds of discord and confusion? Is it none of this but simply plain incompetence? Only the City Council can give the correct answer but they never do.

This City Council never fails to disappoint. I have said this before, but I shall say it again – and again – and again. Collectively, this is an arrogant City Council that does not respect the sacred trust that was given to them upon their individual election. Palm Beach Gardens’ residents deserve better.

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

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

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

Presentations (no detail provided):

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

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

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

Public Hearings:

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

Items for Council Action/Discussion includes:

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

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

2016 Election Results by Precinct

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

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

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

Tabular Results

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

Martino: The Silence from City Hall is Deafening!

What is that sound coming from the City Hall in Palm Beach Gardens? Can you hear it? No, you can’t! Me neither! It’s the sound of silence emanating from the City Council regarding the runoff election for the Group 4 City Council seat that the City Charter mandates must be held on March 29, 2016?

The silence from City Hall is deafening. Did the Mayor and City Council adopt another forbearance agreement; this time against speech?

If you haven’t heard, the tabulation of the Group 4 election results is mired in ambiguity because no candidate received a *majority of the votes cast as the City Charter (Sec. 26-6) requires. Therefore, a runoff election is mandatory, again, per the City Charter. The total votes cast in the Gardens’ Group 4 election were 13,789. Of those votes cast David Levy received 6,632 or 47%, Carl Woods received 6,245 or 45%, and Kevin Easton received 1102 or 8%.

Section 26-6(b) of the Charter declares…

“Whenever a general or special election is held to fill any elective office in the city, the candidate receiving a majority of the votes cast at such election to fill such office shall be declared to be duly elected; provided that if no candidate for a particular elective office shall receive a majority of the votes cast for such election to fill such office, then a run-off election shall be held on the fourth Tuesday in March of the same calendar year the general election was held; and in the event a special election is held, except for the year 2016, when any required runoff election shall be held on the fifth Tuesday of March, and a run-off election is required,…”

*Please note from the Merriam-Webster dictionary…

Majority : a number that is greater than half the total number

Cast : to deposit (a ballot) formally

Now, let’s return to discussing the forbearance agreement on silence. In my opinion, there is one, whether it’s official or not. Otherwise, we would and should be hearing from the City Council members as to their enforcement of the City Charter which they were elected to do. Where is Eric Jablin’s ever present usual prepared speech on the City Charter runoff requirement? How come no posturing speech, as yet, on the City Charter from Joe Russo? Come on Bert Premuroso, tell it like it is, do what’s right by speaking up for a runoff election as the City Charter elaborates! Marcie Tinsley, if you want to be Mayor than do the mayoral thing and insist on the runoff election. David Levy, if we are to believe all the literature you sent to our homes regarding your qualifications for the City Council than you should have no problem with understanding the need for scheduling a runoff election as the City Charter dictates.

Silence is gold, speech is silver, and so the saying goes. The residents of Palm Beach Gardens are not greedy. In this controversy City Council members, silver speech is acceptable and expected.

Martino: Run-off Election Warranted for Group 4!

Primary Election Day, March 15, 2016, with its winners and losers has come and gone. But in Palm Beach County “gone” is never a certainty in our peculiarly run elections. This time the black cloud of uncertainty is stationary over Palm Beach Gardens.

The hullabaloo is two-fold. First, Takeata King in Group 2 and Kevin Easton in Group 4 withdrew their respective candidacies prior to March 15th but not in time to have their names removed from the printed ballots, thus, requiring all polling precincts to post notices advising the voters of the withdrawals which, allegedly, did not occur. Second, the tabulation of the Group 4 election results is mired in a cloud of ambiguity because no candidate received a majority of the votes cast as the City Charter (Sec. 26-6) requires, thus, a runoff election, again, per the City Charter is required. The votes cast in the Gardens’ two races are as follows…

Is the omission of the notices to the voters of the Candidates withdrawals enough to upset the elections in the Group 2 race? Probably not, but with the closeness of the tally in Group 4, probably yes? From my perspective, the Palm Beach County Supervisor of Elections, as well as, the City Clerk of Palm Beach Gardens, should answer for this oversight and issue a public statement as to cause and ultimate effect on the election results.

The more egregious and obvious election controversy is the need for a runoff in Group 4 as the City Charter clearly articulates. Section 26-6(b) of the Charter declares…

“Whenever a general or special election is held to fill any elective office in the city, the candidate receiving a majority of the votes cast at such election to fill such office shall be declared to be duly elected; provided that if no candidate for a particular elective office shall receive a majority of the votes cast for such election to fill such office, then a run-off election shall be held on the fourth Tuesday in March of the same calendar year the general election was held; and in the event a special election is held, except for the year 2016, when any required runoff election shall be held on the fifth Tuesday of March, and a run-off election is required, then the run-off election shall be held two weeks from date of the original special election; provided further, that in such event only the names of the two candidates having received the greatest number of votes in the general or special election for such office shall be submitted to the voters and the one of these two receiving the majority number of votes in such run-off election shall be declared to be duly elected to such office;

In my opinion, the key words in the charter section, above, is votes cast. Clearly the votes cast in Group 4 do not render any candidate a majority of the votes cast, therefore, a runoff election to decide the winner is mandatory. Runoff elections have been required before in the Gardens. Anything less than a runoff election is a charter violation, an injustice to the candidates, disrespects the voters, and leaves the Group 4 election suspect.

2016 PBG Council Candidate Forum Synopsis

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

A Word about the Video


The video of the event, recorded for youtube by PBG Watch, can be viewed in full HERE. The video icons in the table below are links into the full video that start at the question of interest. If you have trouble viewing any of it, you can click on the “youtube” link under the video frame and view it there using the index provided.

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

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

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

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

Forum Questions
Opening Statements:


David Levy:
Carl Woods:
Maria Marino:

Question 1: Term Limits – The voters overwhelmingly approved of term limits for Council, and made them retroactive. The spirit of the charter change is that no Council Member can run for re-election if they have been elected to two consecutive terms. One of you is interpreting it differently – assuming that completion of the two terms is the criteria and resigning shortly before an election establishes a sufficient “gap” to allow a new run for the seat. Please state your opinion on how the new charter limits should function.


David Levy:
Carl Woods:

Question 2: Council Salaries and Perks – Most Council members have “day jobs” and will tell you that being on the Council is part-time. While they certainly work more than the 3-4 hours a month in a Council meeting, it is supposed to represent public service, not a livelihood. Currently though, each Council person receives over $60,000 per year in salary and benefits, and over $90,000 per year when other perks (memberships, seminars, office supplies, etc) are included, and this amount is subject to automatic cost of living increases. What is an appropriate compensation for this position, and should a part time position get pension and health insurance benefits?


David Levy:
Carl Woods:

Question 3: “Ex-Parte” meetings – Prior to quasi-judicial hearings, the Council disclose their ex-parte communications with petitioners, but not what they discussed. Many residents where outraged at the conclusion of the Avenir meeting when after hours of public input on the proposal that had been recommended by staff, Mayor Jablin announced that he had negotiated a reduction in the allowed units in return for his support. Should this have been either disclosed at the outset or discussed in front of the public? What is your view of what occurred at that meeting?


David Levy:
Carl Woods:

Question 4: Growth in Spending – With property valuations continuing to rise, there is less pressure on programs and tax rates. Assuming this continues, how can we prevent the explosion of spending that occurred during the last period of rising property values? With low expected inflation and modest population growth, how do you decide what is an acceptable level of spending growth?


David Levy:
Carl Woods:

Question 5: Intergovernmental Grants – The county funds a lot of its operations and capital budget through state and federal grants, in excess of $500M in 2012, down to $315M this year. Palm Beach Gardens has not sought nor used intergovernmental grants very much in its budget, but lately has applied for some HUD grants for housing, as we are eligible as a city over 50,000. Since it is not really “free money” and grants usually come with strings. What is your view of this kind of grant use?


David Levy:
Carl Woods:

Question 6: County-wide Sales Tax – This month, the county commission has begun to consider a staff proposal for adding 1 cent to the sales tax (worth $2.3B over 10 years) to fund infrastructure projects for both the county and the School District, and provide money to the Cultural Council for expanding museums, theaters and other cultural attractions. This would have to be approved by the voters on the November ballot. The cities would get 40% of this if passed. What do you think of the county proposal, and what should be done with the PBG share if it is passed?


David Levy:
Carl Woods:

Question 7: Older Neighborhoods – The City of Palm Beach Gardens is 57 years old. The original platted areas of the City are starting to show their age. These plats do not have Homeowners Associations to provide neighborhood and property value upkeep but depend on the City’s codes and services to protect their neighborhoods and property values. How would you as a councilperson protect these areas from degradation and property value deterioration?


David Levy:
Carl Woods:

Question 8: Sober Homes – The City of Palm Beach Gardens has a growing number of Sober Homes (Drug Rehabilitation Businesses) and Assisted Living Homes infiltrating many of the City’s older neighborhoods. These are private businesses enabled and allowed by certain State legislation. These private businesses are setting up shop in residential single family neighborhoods which can and often do have a deleterious effect on property values and neighborhood tranquility. As a Councilperson what would you offer as safeguards to the residents of these affected neighborhoods?


David Levy:
Carl Woods:

Question 9: Deteriorating Properties – There are currently a significant number of multifamily duplex apartment units in certain areas of the older neighborhoods of the City of Palm Beach Gardens. In most cases these duplex apartment units are rental properties in the hands of absentee owners. These units often are not maintained to the standards of Palm Beach Gardens’ codes and ordinances, thus, causing neighborhood deterioration and a deleterious effect on property values. As a Councilperson what, specifically, would you offer to improve this situation?


David Levy:
Carl Woods:


Question 10: Cut-through Traffic – Traffic is a significant problem in the City of Palm Beach Gardens. Northlake Boulevard, PGA Boulevard, Alternate A1A, Military Trail, Hood Road and even Burns Road are the major roadways that most residents think of when vehicular traffic is part of their conversations. However, another traffic contagion, cut-through traffic, is commanding almost equal attention for problem solving. Cut-through traffic is turning residential neighborhood roads which are not designed for the increased traffic counts into major collector thru-ways posing safety, noise, and other traffic attendant problems. As a Councilperson how would you combat this growing residential traffic problem?


David Levy:
Carl Woods:

Question 11: Shady Lakes Extension – The city wants to improve traffic flow on 117th around Timber Trace and Duncan and the City owned sports complex by running Shady Lakes Drive through from PGA to 117th. The neighborhood is mostly against it and a lawsuit may be in the works. An alternative is acquiring 117th from the School District and widening it. How should the city proceed to solve the traffic issues and also satisfy the concerns of the neighborhood?


David Levy:
Carl Woods:

Question 12: Incentives – Attracting businesses and jobs to the city can be approached in a number of ways. One is to provide tax incentives and outright payouts for infrastructure development like the county did with Scripps. Another is to subsidize private business directly. Another way is to make the city attractive as a place to create or expand a business by reducing the tax burden and simplifying the permitting process. What is your preferred approach to economic development?


David Levy:
Carl Woods:

Question 13: Business DevelopmentProcess – A couple of years ago, the one issue that generated the most controversy in the city was the matter of the stadium proposal for 117th street. Public opinion was divided – business interests supported it, neighborhoods in the immediate vicinity did not, but many residents wanted to hear a full proposal before deciding. The way the city conducted the process – in secret and through misleading statements by both staff and Council, was a large part of the problem. Although the Business Development Board requires confidentiality for its projects, those of large impact must have early public involvement. How would you propose that projects like this are handled in the future?


David Levy:
Carl Woods:

Audience Questions on development in Brigar, trucks on MacArthur, I95 / Central interchange, daily rental of houses, people skills of the candidates, land use restrictions at Avenir, Panama Hattie’s property, climate change, and the Congress Avenue extension.

Closing Statements


David Levy:
Carl Woods:

North County Neighborhood Coalition Hosts PBG Candidate Forum

PBGWatch to co-host Council Candidate Forum 2/25

Join us for an evening of in-depth discussion of city issues with the candidates for the March 15th election in Group 4 at the Gardens Branch of the County Library. With two of the three incumbents facing challengers this year, it should be a lively discussion.

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

Next City Council Meeting on Thursday, June 4th at 7pm

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

Presentations

  • There will be a presentation on Project Bruin (which is on the Consent Agenda)

Consent Agenda includes

  • Project Bruin – which is requesting $350,000 from the Quick Action Closing Fund – in exchange for a Capital Investment of $1,895,000 by 12/31/16 and retaining 473 existing employees and creating 178 new jobs with an average wage of $83,000.
  • Two Purchase Awards – One for annual asphalt milling and resurfacing services for 2015 in the amount not to exceed $558,370, which is a piggyback on a competitively bid contract with the Village of Wellington; the second is also a Piggyback on a Miami/Dade contract for Employee Benefits Consulting Services in the amount of $210,000.

Public Hearings include:

  • 2nd reading of Ordinance 4, 2015 (Replacing Chapter 62) and Ordinance 9, 2015 (Replacing Chapter 70) and it’s related Resolution revising schedules and fees related to Chapter 70
  • Ordinances 7 and 8, 2015, 1st Reading – related to a temporary change in the Municipal Election date for 2016 (in order to coincide with the March 22 Federal Presidential Primary Election) and adjusting the Candidate Qualifying Period, affected by the change.
  • Ordinance 10, 2015 transfers approximately $5.5 Million from the General Fund Budget Stabilization Reserve Account, leaving a balance of $462K, and using the transfers for: Supplemental appropriation for Golf Course Clubhouse, Additional payment towards unfunded public safety liabilities, Supplemental appropriation for City Park, Supplemental appropriation for Police Tactical Training Facility. Unassigned General Fund Reserves are unaffected, and will remain at $23,066,106
  • Resolution 11, 2015 – Seacoast Banking Center signage changes
  • Resolution 20, 2015 – Church in the Gardens – Art in Public Places approval of  a seven and one-half (7 %) foot tall statue of Jesus Christ Ascending to Heaven.
  • Resolution 24, 2015 – a site plan amendment to allow for the build out of Phase II of the La Posada Senior Assisted Living Facility

Items for Council Action/Discussion 

  • The two items that were on the May Agenda and not discussed are once again on the agenda – Citizen Survey Results and North County District Park.

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.

See a summary of the May Council Meeting as well as the latest Martino Minute on the PBG Watch website.

We get the government we deserve – and it’s up to us to watch what they do.  Hope you can make it.  If you can’t make the meeting try and watch live-streaming or on-demand.

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