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.
North County Neighborhood Coalition Hosts PBG Candidate Forum
PBGWatch to co-host Council Candidate Forum 2/25
Protest Planned before Term Limits Hearing at Courthouse
Tomorrow, January 22 at 9:00 AM is the next step in the Palm Beach Gardens Term Limits saga.
In 2014, city voters approved retroactive term limits (2 three year terms) for City Council, forcing Joe Russo to retire this year, and several more sitting members to leave in 2017.
Vice Mayor David Levy however sits in a grey area of the new law. Serving his third term in 2012, he resigned from the Council to run unsuccessfully for County Commission, but then was elected back on the Council in 2013. Term limits passed in 2014. His interpretation of the ordinance is that the clock reset in 2013 and he is in his first term.
Taking a different approach, Sid Dinerstein, former PBC GOP Chairman and a member of the term limits committee filed suit claiming Levy is ineligible to run. Kevin Easton, a candidate for Levy’s seat and also a member of the committee, has joined the suit which goes before a judge tomorrow at 9:00 AM.
Michael Peragine, a past Council candidate himself and the Chairman of the term limits committee, is organizing a protest in front of the courthouse in West Palm Beach for tomorrow at 8:30 AM.
For more information, see Sarah Peters entry in the Palm Beach Post Blog: Palm Beach Gardens term limits group to protest before vice mayor’s hearing
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.