Police Life-Saving Action and 12% Salary Increase Bookends Council Meeting
The August 2nd Council Meeting began with an update by Sherri Pla (the City’s Head PGA Professional) on the Junior Ryder Cup Challenge Trip to Scotland. Also covered during Announcements and Presentations were the Florida Law Enforcement Traffic Safety Award (where the Gardens won first place in the category for departments with 101-200 officers) and American Heart Association’s Mission Life Gold Plus Award to Fire/Rescue for the 4th year in a row. Throughout the beginning of the meeting the exclamations of a young child could be heard. Thus Mayor Marino segued to an early City Manager Report.
August 2ndQuick action by Officer Robert Ayala saved the life of young Lucia Graham while Officer Rafael Guadalupe called for Fire/Rescue and comforted her mother. See Gardens Cops who Saved Choking Baby…. for details and watch the segment of the Council Meeting recounting the event and honoring of these two officers here.
The last item on the Agenda was Resolution 45, 2018 approving and ratifying an agreement with the Police Benevolent Association granting an immediate 12% increase across the board and bringing the City to 2nd in salary only to Boca Raton among the local municipalities. This was presented to the Council as a ‘Fait Accompli’ and it was interesting that none on the Council even questioned the agreement nor addressed the implication on future labor negotiations. The only comments addressed impact on the budget, and then only as a done deal. See details from the Palm Beach Post here.
All resolutions passed 5:0 including Adoption of 2018-2019 Fees and Charges, the Annual Community Development Block Grant Action Plan, and the first of many to come presentations before the Council on Avenir. City Attorney Lohman also gave an update on the Rustic Lakes Annexation lawsuit, where Rustic Lakes has 20 days to respond to the latest ruling against their suit.
There will be two Fiscal Year 2018-2019 Budget Hearings on September 6th and 20th.
Please vote on the three Charter Amendments on the ballot on August 28th!
Palm Beach Gardens Looking to the Future, and in the News
Optimally timed to coincide with his annual evaluation, City Manager Ferris had a comprehensive City Manager Report including an update on a subset of the $54.5 million in Capital Improvement Projects (covering key projects in the City’s budget as well as those funded by the Sales Tax Surtax), a set of news clips from WPTV (click here to watch them) covering a variety of subjects – baseball tournaments, electric cars for Fire/Rescue, free smoke alarms), and an update on the ability for those needing to call 911 to do so by texting when unable to make a phone call. There are definite limitatons to texting including no location provided. Please see this article for more on the ability.
Each of the Council, towards the end of the meeting, gave Mr. Ferris a glowing evaluation with the concensus being that they hoped he stayed as long as he wishes.
The Council also came to agreement on Resolution 26, 2018 – Firearm Legislation – after spending another 30 minutes discussing changes initiated by Council Member Litt to the current draft. They passed the resolution 5:0. Prior to their discussion, resident Paula Magnuson gave heartfelt and patriotic support for the Second Amendment. Mayor Marino once again demonstrated that some are indeed ‘more equal’ than others, by encouraging the members of Moms Demand Action to applaud the passage of the resolution while at the same time exclaiming that they should understand why she sent them emails telling them why they can’t applaud. (The rules, time and again, clearly seem to apply only to those with whom the Council disagrees.)
City Attorney Lohman gave an update on the Rustic Lakes legal challenge to the Annexation which occured in March, 2018. See Rural Rustic Lakes Just Annexed Sues... Mr. Lohman explained various techicalities and missed deadlines by Rustic Lakes. Council Member Litt inquired into the status of the appeal of Question 3 from the March 2018 referendum. Mr. Lohman said that he filed for an extension and the City must reply by August 22, after which Mr. Dinerstein has an opportunity to repond. He also expected that another lawsuit would be filed on an emergency basis right before the August 28th referendum.
Another item first brought up at last month’s Council Meeting was the Security Agreement with the School Board of Palm Beach County. Resolution 42, 2018, passed 5:0, allows the Mayor and City Clerk to execute an agreement for the City’s police to provide security at the Palm Beach Gardens elementary schools – where the police providing the security would be paid overtime and do so on their time off, complying with their maximum hours allowed. Council Member Lane recommended that, if feasible, all public schools within the City be covered in the same manner. Staff’s response is that it could be evaluated at a future time, and cost and man-power would definitely be an issue.
The tentative maximum millage rate for the 2018/2019 Fiscal Year Budget was set at flat operational millage of 5.55, and a decrease in the debt service millage for a total millage of 5.6003 which is down from the current millage of 5.6678. The rates can be lowered during the budget hearings but not raised. The first Public Hearing will be on September 6, 2018 at 7pm. Resolution 31, 2018 passed 5:0 with no discussion.
Nick Uhren, Executive Director of the Palm Beach Transportation Planning Agency, explained who the TPA is, it’s transition from Metropolitan Planning Agency (MPO) and the two related Resolutions 39, 2018 and Resolution 40, 2018 before the Council, which passed 5:0. Mayor Marino currently serves as TPA Board Vice-Chair; County Commissioner Valeche serves as Chairman. A subset of the municipalities in the Councy are participants on the board, and those cities are agreeing to pay per capita member dues to the agency starting in 2019 and into the future. In addition, the Council approved an interlocal agreement for administrative services for the TPA. For background on the TPA see this PB Post article on the decision to transition from under the County to an independent agency, Clerk Bock’s assessment of pros/cons of the move and a link to the TPA website). The TPA has in impact on all things transportation related and thus impacts everyone in the City.
Public Comment was made by resident Paula Magnuson, as President of her HOA, about a dumpster on an adjacent community which was not meeting code.
The Palm Beach Gardens Police Explorers were recognized for their first place finish in regional competition, and the Gardens Spirit Team presented a $500 check to the Florida Guardian Ad Litem Program. Congratulations to both! Electric Cars and the Fire/Rescue Mobile Training Facility were on display outside the building prior to the meeting.
Council Agonizes Over Gun Control for Almost 2 Hours
If one adds the time also spent on the topic at the May City Council Meeting, our Council has devoted almost 2.5 hours to Resolution 26, 2018 – a resolution that states their personal positions but has no legislative effect. All on the Council participated, with much of the discussion centering around proposed resolutions by Council Members Litt, Marciano and Mayor Marino. Much less passion and in-depth discussion has been devoted to policy topics within their direct purview – e.g. the City Charter.
(Note: Council – Moms Demand Action do NOT represent the views of all residents in the City. Council Member Marciano – just because you have not heard from residents does NOT mean ‘everybody agrees’.)
Voices of reason during the debate over what should be included in Resolution 26, 2018 – which will be discussed yet again at the July 12 City Council Meeting, were City Manager Ferris and City Attorney Lohman. State Representative Roth also ventured to make some suggestions (and was met by derision by the Moms Demand Action attendees in the audience). Four members of Moms Demand Action spoke during public comment on the resolution. The Mayor allowed applause, giving the impression that the only time applause IS allowed is when the Council agrees – although she did say that allowing the applause was the exception to the rule. Clearly. Please watch discussion of Resolution 26, 2018 to see your Council at work.
Dr. Kim Delaney of the Treasure Coast Regional Planning Council gave an overview report on the Palm Beach Gardens Tri-Rail Station Area Planning. Her presentation covered the South Florida Transit Oriented Design Grant Final Report and included demographic, residential and economic opportunities in the immediate vicinity of the long-planned station. Dr. Delaney’s presentation is worth viewing and can be seen here.
Veteran Colonel Howard C. “Scrappy” Johnson was honored by Proclamation, read by former Council Member Annie Delgado and Mayor Marino for his Service to our Country in WW II, the Korean War, Vietnam War, setting the world altitude record in the F-104A, his charity organization Joint Mission, Inc and numerous other accomplishments. See the Proclamation here. Col. Johson then spoke and described how he received the nick-name “Scrappy”. It was a heart-warming ceremony.
Comments from the Public included:
- Gabe Ermine – candidate for County Judge Group 4 – describing his courtroom experience and letting all associate his name with a face.
- Matthew Kamula, Bob Gilbert, and Patricia Rodriquez-Piloto of Osprey Isles all spoke on the lack of a right turn lane into their subdivision. The right turn is exacerbated by school buses entering the community and stopping immediately thereafter as well as the high speed on Northlake.
- Robert Jaeger of the Montecito Subdivision (and HOA President) spoke about the speed limit on Northlake Blvd. and requesting that the speed be reduced from 55 to 45 for that section of Northlake.
Council Member Lane requested that the Purchase Award for Purchasing Card Services be pulled from Consent so that Purchasing Director Km! Ra would describe the award process. That item and the Consent Agenda passed 5:0.
City Manager Ferris had two items in his report:
- Police Chief Clint Shannon described the ongoing discussion with the Palm Beach County School Board on providing security for the four elementary schools in Palm Beach Gardens. The School Board cannot meet the staffing requirements passed by Florida in time for the upcoming school year, and the City desires to assist, has the knowledge of the schools, trains in those schools and it’s the City’s children attending those schools. Hopefully a win-win resolution will come from the discussions.
- Crystal Gibson of Code Enforcement, gave another update on recent projects helping residents upgrade their properties.
All Ordinances passed 5:0.
The Council Meeting was preceded by a heavily attended FDOT Workshop on BeeLine Highway – mostly by residents of the Steeplechase Community. See Will Gardens Residents Get Wall to Shield Them from Beeline Traffic.
Mayor Urges Professional vs Emotional Approach to “Gun Control” Resolution
Much of the May 3, 2018 City Council Meeting was not controversial or included much discussion.
State Senator Bobby Powell, as he did last year, gave a very thorough and engaging power-point presentation summarizing the last legislative session. Marcum LLP presented the Fiscal Year 2017 audit report with glowing results. City Manager Ferris presented an award to Deputy City Manager Stephen Stepp (in his former capacity of Police Chief), Laura Schuppert – Tennis Director gave an update on the new Tennis Clubhouse and Crystal Gibson of Code Enforcement described a most recent humanitarian effort by staff coordinating with Christ Fellowship.
Bookending the remainder of the meeting was the subject of “Gun Control”; Council Member Litt later in the meeting described the current ‘proper’ nomenclature to be “Gun Reform Legislation” or “Commonsense Gun Legislation”. During Comments From the Public, Joan Hoffman of Ballenisles gave a heart-felt statement about her former house-keeper Kassandra Morales who was killed recently in a West Palm Beach bar & grill. She spoke representing a few others that were in the room for Mom’s Demand Action. Her said that her personal focus was not necessarily on the guns but the people behind them. Speaking after her was Mary Castronovo, also a Gardens’ resident describing Mom’s Demand Action as the counter-weight of the “powerful gun control lobby”. The final item on the Council’s agenda for the evening was Resolution 26, 2018 – Firearms Control.
This was the first opportunity for the council members to express their positions on the Resolution they asked staff to draft. Mayor Marino, respectful of the passion and emotion on the subject, urged that the council not vote on the resolution that evening and that the council address the resolution from a professional approach rather than an emotional approach. All agreed. City Manager Ferris suggested that each member submit their comments in writing and that those would be incorporated and reflected at the June 7 City Council Meeting.
Public Comment also included:
- Steve Mathison representing the PGA Corridor and congratulating the City for the clean audit
- Paula Magnuson – thanking staff for progress on Gardens East Drive and handing a package to Council requesting that they review her response to what was said about her last month
- Carol Easton and Kevin Easton – expressing their concern that their properties were being targeted with code violations and describing the difficulty of Sunset neighborhood egress with new plans for expanded lanes on Northlake Blvd
- Sandy and Marty Groner of Gardens of Thornbury, asking for assistance on a code enforcement issue with the parking of a non-commercial bus-like vehicle in their neighborhood.
Consent Agenda and Public Hearings and Resolutions:
- Consent passed 5:0
- Resolution 19, 2018 – Frenchman’s Reserve clubhouse flagpole passed 5:0
Ordinance 6, 2018 – amending Chapter 26, Elections passed 5:0 on first reading; Kevin Easton requested that perhaps petitions could be filed on-line.
Ordinance 7, 2018 – Referendum Question 1 – Term Limits – passed on final reading 4:1. Council Member Lane described the huge advantage incumbents have and the combination of this question with the recently passed ‘run again’ provision essentially obviates term limits. He voted NO. Vice Mayor Woods once again quoted members of the Term Limits Committee saying that run again was never intended. Mayor Marino gave a lengthy statement essentially against Term Limits and for the need for longer number of years in office. - Ordinances 8, 2018 (Referendum Queston 2 – Repeal/Replace Charter) and Ordinance 9, 2018 – (Referendum Question 3 – City Manager Residence) both passed 5:0 on final reading with minimal discussion as did Ordinance 10, 2018, first reading (Voluntary Annexation for Richard Road Seacoast Utility Authority Parcel)
- Resolution 24 2018 – in support of the Steeplechase Community in its effort to mitigate impacts of planned Beeline Highway and Northlake expansion projects was passed 5:0 after Tom Berita thanked the Council for the Resolution and Council Member Lane summarized his efforts on the subdivision’s behalf
Note: Also on June 7 at 6pm is a City Council Workshop with Florida Department of Transportation on Beeline Highway
First Reading Completed on Three Charter Questions
The Council had a relatively brief and lightly attended Special Meeting on Thursday April 19 to review the proposed language for the August 28th ballot. City Clerk Snider read all of the required ordinance language for Ordinances 7-9, displayed the ballot language and then the Council proceeded to discuss the 3 questions individually.
Ordinance 7, 2018 passed 4:1 with Council Member Lane objecting. He restated his position that 2 4-year terms would be better. Council Member Marciano appreciated the position however 3 3-year terms is what was going on the ballot. The question reads:
CITY OF PALM BEACH GARDENS REFERENDUM QUESTION NO. 1
SHALL THE PALM BEACH GARDENS CHARTER BE AMENDED TO
CHANGE FROM THE EXISTING TERM LIMIT WHICH PROHIBITS A
COUNCIL MEMBER FROM BEING ELECTED TO MORE THAN TWO
CONSECUTIVE FULL TERMS TO A TERM LIMIT THAT PROHIBITS A
COUNCIL MEMBER FROM SERVING FOR MORE THAN THREE
CONSECUTIVE FULL TERMS AND MAKING THE CHANGE APPLY TO ALL
SITTING COUNCIL MEMBERS?
SHALL THE ABOVE DESCRIBED QUESTION NO. 1 BE ADOPTED?
Ordinance 8, 2018 – the repeal and replace of the base charter, passed 5:0. Council Member Lane asked for a few changes in the wording of the Ordinance to ensure that the items already passed in the March 13, 2018 election were preserved. City Attorney Lohman agreed to make the changes. The language is considerably different than that voided in March (formerly Question 1) and specifies a list of modifications present in the new charter. Exhibit A also clearly shows what former wording, new wording, removed and new reorganization of the sections will be so that the voter can understand the modifications. Left in the charter are the requirement for charter reviews, as well as the requirement to annually review the City Manager. Scroll down to page 9 of this link to the beginning of exhibit A. The question reads:
CITY OF PALM BEACH GARDENS REFERENDUM QUESTION NO. 2
SHALL THE CITY CHARTER BE AMENDED TO REMOVE
PROVISIONS THAT ARE OUTDATED, UNNECESSARY OR CONFLICT
WITH STATE LAW INCLUDING MUNICIPALITY, CITY CLERK, AND
CITY TREASURER SPECIFIC POWERS/DUTIES; OATH OF OFFICE;
MERIT SYSTEM; PROCEDURE REMOVING COUNCILMEN,
QUALIFICATION OF ELECTORS, COUNCIL MEETING AND
PROCEDURE, AND OTHER PROVISIONS; REVISE COUNCILMANAGER
RELATIONSHIP; CHANGE FILLING OF VACANCIES;
LIMIT INITIATIVE/REFERENDUM; DEFINE “FULL TERM”; REMOVE
COUNCIL CONFIRMATION OF EMPLOYEES AND OTHER CHANGES;
AS PROVIDED IN EXHIBIT A, ORDINANCE 8?
SHALL THE ABOVE DESCRIBED QUESTION NO. 2 BE ADOPTED?
Ordinance 9, 2018 – City Manager Residence also passed 5:0 after some discussion. Resident David Parks made public comment praising the Council and City Attorney Lohman for getting it right, thanking City Manager Ferris for a well run city, thanking City Clerk Snider for accomodating his numerous records requests, and thanking City Council Member Litt for assisting on 5 year charter reviews staying in the Charter. The question reads:
CITY OF PALM BEACH GARDENS REFERENDUM QUESTION NO. 3
SHALL THE PALM BEACH GARDENS CHARTER BE AMENDED TO
REMOVE THE REQUIREMENT THAT THE CITY MANAGER BE A
RESIDENT WITHIN ONE YEAR OF APPOINTMENT AND INSTEAD
PROVIDE THAT ANY RESIDENCY REQUIREMENT FOR THE CITY
MANAGER BE DETERMINED BY THE CITY COUNCIL IN THE CITY
MANAGER’S EMPLOYMENT CONTRACT?
SHALL THE ABOVE DESCRIBED QUESTION NO. 3 BE ADOPTED?
All 3 ordinances will be on the agenda for 2nd reading and final vote on the May 3rd City Council Meeting.
Martino: City… Intimidation, Humiliation, or Bullying!
Have you ever heard of a Kangaroo Court? A Kangaroo Court can be defined as an unofficial or mock court set up spontaneously for the purpose of delivering a judgment arrived at in advance; usually a verdict has in reality already been decided before the trial has begun. The term may also apply to a military court, a court held by a legitimate judicial authority, or a court held by political decree. Usually, these courts intentionally disregard legal or ethical obligations and are characterized by dishonesty and/or incompetence. The defendants in such courts are often denied access to legal representation and in some cases, proper defense.
On April 5th, at their only monthly scheduled meeting with the Public, the City Council of Palm Beach Gardens convened their unique version of a Kangaroo Court under the guise of a political decree. That’s my opinion. It might be yours, also, if you view the video of said meeting, and more particularly, agenda Item IX, the City Manager Report, which is devoid of an announced topic.
In February the City Council issued a political decree to the City Manager for a report concerning two particular residents who have continuously raised various issues and complaints at Council meetings and with the City Administration. The report was to explain the persistent complaints that have continued over time about the various issues that the two residents deemed injurious and the City’s positions and responses. It is my understanding that prior to the political decree and ultimate report, penalties and punitive measures, both lawful and otherwise, had already been meted out to the two residents in question as retribution for their indiscretions. One has had all phone calls and emails made to the City blocked and had been advised that all further contact with the City should be conducted in person or in writing. The second resident had been assessed fines totaling $150,000 which was reduced to $40,000 through mediation, and paid.
However, back to the City Manager’s “report”, which was not a “report” at all, but a 38 minute Kangaroo Court. It was a trial in absentia of the two referenced City residents which amounted to a public humiliation of them in addition to the penalties and punitive measures described above. The trial was conducted by the City Manager as Chief Prosecutor, with the City Attorney, the Assistant City Attorney, the City Engineer, and the Deputy Assistant City Manager as his Assistant Prosecutors. The City Council was presiding in a manner reminiscent of a sphinx. Throughout the intimidation of this trial their silence was pervasive.
The “report”, from my perspective, could have and should have been no more than a 5 minute verbal summation by the City Manager and a written account of further details, if necessary. Instead, the Public was subjected to a Kangaroo Court. It was a costly, well rehearsed, verbal and pictorial “trial” complete with charts and anecdotes, that “tarred and feathered” the residents in question without them afforded an opportunity to refute. The “innocence or guilt” of the residents in question is not mine to assess. However, their public humiliation was a senseless exhibition of bullying by an Administration that appeared to be frenzied and out of control.
There simply is no justification for this 38 minute Kangaroo Court, trial, “report”, or whatever the characterization may be, of the two referenced City residents, or any other residents for that matter. There is and are no redeeming qualities to be found in attacking residents, publicly, in this manner regardless of the circumstances, particularly, when penalties have already been assessed. This “report” should not have been scheduled for any City Council meeting agenda as presented. From my perspective, the Mayor and City Council bear the brunt of responsibility and their offices have been demeaned.
When elected officials raise their right hand to swear the oath of office the words, humiliation, intimidation, or bullying, are nowhere to be found.
The Face of the City
Council members demonstrated different sensitivities at the beginning of April’s City Council meeting. Mayor Marino wanted to alter the agenda to bring forward Presentations. Council Member Lane requested that the Reorganization be brought forward since he had to leave in observation of Passover. Council Member Marciano was in support of Lane’s request. Council Member Woods was quick to reply that he felt the Presentations should be remain as Marino suggested – which would have explicitly disenfranchized Lane from the Reorganization vote. Council Member Litt was concerned about how long the reorganization might take. All were deferring to the Mayor. Before she could decide, State Representative Roth, who was part of the presentation agenda, piped in and broke up the hesitation by saying that he had no problem waiting and the issue was resolved to allow the Reorganization to occur first.
Marciano nominated Mayor Marino as Mayor, Litt seconded it – both citing stability for the City. Woods spoke in support of the choice describing Ms. Marino as the ‘Face of the City’ over the last year. The vote was unanimous, and Council Member Marino was ‘re-elected’ as Mayor. Lane nominated Marciano for Vice Mayor; Marino countered with Woods. The issue was resolved when Council Member Marciano withdrew his name from consideration and Carl Woods was ‘elected’ Vice-Mayor.
Both State Representative Rick Roth and Mat Forrest gave summaries of the legislative session, and City Manager Ferris, along with Forrest and Roth praised Elicia Sanders, Assistant to the City Manager for her involvement in the process. Renee Gold, a Manager at Publix on Northlake, and Kamilla Soares, Paramedic saved the life of a woman who had passed out in the Publix with CPR. For their quick response and action, the two were awarded the City’s Citizen Lifesaving Award. Also recommended was the PulsePoint medical app that monitors and alerts to emergencies. Residents were encouraged to learn hands-free CPR; classes are offered at Fire/Rescue on the third Thursday of every month. See the Palm Beach Posts coverage of the presentation.
The March 13 Elections results were declared and approved 4:0.
Comments From the Public included:
- Tom DeRita, representing Steeplechase, spoke about the community’s concerns regarding FDOT plans
- Maxine Cheesman introduced herself as candidate for Palm Beach County Circuit Court Judge
- Paula Magnuson handed in letters to the Council, to the Clerk – expressing concerns about her censorship by the City (which was confirmed by the City Manager later)
City Manager Ferris began his report by saying that the previously proposed meeting with FDOT and the Steeplechase Community would be moved until June 7th at 6pm. He then, claiming reluctance, started a disturbing 35 minute presentation entitled “Council Directive From February 2018 Council Meeting”. Residents should read “Imperious Staff Publicly Bullies Two Gardens Residents” to see how staff considers residents who are dissatisfied with their treatment.
The Consent Agenda and Ordinance 2, 2018 regarding regulations for Home Solitication Sales Passed 4:0. Nuvo Business Center’s proposed AIPP (Art in Public Places) statue by Mark Fuller raised concerns by the Council that it would be magnet for children attempting to scale the statue 
. Staff and Fuller agreed to work together to come up with a satisfactory solution with statue and landscaping modifications.
Charter Questions will once again be on the Ballot during the August 28th Primary. Resident Jane Feinstein spoke in favor of extending the term limits from two to three consecutive terms. Both Council Members Litt and Marciano suggested that the questions related to the base Charter be broken out into a few separate questions, and that Charter Reviews remain in the Charter. City Attorney Lohman said that he’d already decided to do the latter and planned to create questions that would be immune to those who ‘litigate for sport’. Question 2 would be re-drafted as well. While SOE Bucher at first rejected the City’s request, two other municipalities – Lake Worth and Boca Raton were also going to require ballot questions, so she relented.
The schedule is as follows:
- April 19 – City Council Special Meeting at 6PM to review and vote on First Reading of proposed referendum questions
- May 3 – City Council Meeting – 2nd Reading and Adoption of proposed referendum questions
- May 11 – Deadline to transmit the ballot language to the Supervisor of Elections for inclusion on the August 28, 2018 ballot
Items for Council Action and Discussion included a few adjustments to external boards and committees, as well as discussion of a resolution to be sent to FDOT regarding issues related to Steeplechase. But of additional resident interest were two topics that will be on future agendas:
- Council Member Litt suggested that the City prepare a resolution, as have other municipalities in Florida, regarding regulation of assault weapons. Council Member Marciano was in support of the preliminary steps the legislature and Governor had taken, was proud of the Parkland students actions, seconded his opposition to assult weapons, and voiced his concerns about safety not just in the schools but in other public places. City Manager Ferris felt that this should be a future agenda item with full Council attendance and the opportunity for public comment and development of a clear directive. Council agreed.
- Council Member Marciano suggested that sometime in the next few months the Council should discuss a succession/transition plan, to be worked out prior to the following April reorganization meeting. Council Member Woods liked the idea and suggested that there be public input into who should be Mayor and Vice Mayor.
An Analysis of the Charter Vote
The March 13 municipal election asked 2 questions of the voters regarding the charter. The ballot actually had 4 questions, but the first two were thrown out by a judge for being misleading, and were not counted.
Question 3 asked if term limited council members should be allowed to run again after sitting out 3 years, and question 4 would replace our “majority wins” system with a plurality – “highest vote total wins” system.
The results by precinct are shown on the maps below – click on the precinct for the individual results.
For a March election without candidates, the turnout was substantial, with about 4700 casting their votes. There were a couple of interesing anomolies about this election though – absentee ballot totals were much higher than normal, and at the polls, the number of “Under-Votes” was an excessive 3.4%.
We have a theory about the undervotes. (It is somewhat technical, so bear with me.)
An “under-vote” is when someone votes a ballot with nothing filled in. At the precinct, the optical scanners are supposed to only flag this as an error if NOTHING on the ballot is filled in – skipping a single question will be reported as an under-vote by the SOE in the results, but the scanner doesn’t flag it and the poll workers wouldn’t know about it.
In this case though, both questions had the same number of under-votes, implying that the ballots were blank and should have been flagged. When the scanner detects this condition, it beeps and prints on the tape “UNDER-VOTE” and spits the ballot back out. The inspector working the scanner is then expected to ask the voter if they intended to submit a blank ballot. If it was a mistake, the voter takes their ballot back and marks it. If the voter intended to submit it blank, then the inspector pokes a key in a hole on the back of the scanner to “OVERRIDE” the error and accept the ballot. We asked an inspector at one of the precincts with a number of under-votes if there were any overrides – and they couldn’t recall any.
Our theory is this:
Because of the short time to react after the lawsuit, the Supervisor of Elections did not have time to program the scanners to ignore the front page of the ballot (questions 1 and 2). Therefore, since 1&2 were on page 1 and 3&4 were on page 2, it is likely many people, knowing there were only 2 questions to answer, filled in the front page (1&2) and did not notice there was a back page. The scanners should have caught this but apparently accepted 1&2 as constituting a “non-blank” ballot, and did not flag it. As a result, about 160 people (enough to change the results on question 4), were possibly disenfranchised and not afforded the option to fix the error.
This is a “hanging chad” situation regarding the “intention of the voter”, particularly since it may have affected the outcome. There is a paper trail if this is the case – the tapes for each of the optical scanners are supposed to be saved (although I don’t know for how long). The tapes would show whether any “undervotes” were flagged and if that count equaled the 161 reported under-votes in Palm Beach Gardens.
The absentee ballots numbers were also interesting as 46% of the voters cast their ballots that way. This is significant because the absentee “YES” margin was 9 points higher on question 3 and 7 points higher on question 4. Without the absentee votes, question 4 would have lost handily.
Why do I mention this? Because all the questions were misleading and until the lawsuit and the little bit of campaigning that was done, most people were naturally drawn to the the “YES” answer. The absentee ballots of course went out before either of those things occurred.
The following table shows how the absentee ballot counts and under-votes fell during the last few elections. Note that the high under-vote count in 2016 was because the municipal candidates appeared on the same ballot as the presidential primary candidates and many people only vote for President, ignoring the rest.
| Year | Votes Cast | At polls | Absentee | % absentee | Undervotes | %Undervotes |
|---|---|---|---|---|---|---|
| 2018 | 4731 | 2569 | 2164 | 45.7% | 167 | 3.5% |
| 2017 | 5240 | 3486 | 1754 | 33.5% | 0 | 0.0% |
| 2016 | 15257 | 12465 | 2802 | 18.4% | 1958 | 12.8% |
| 2014 | 7167 | 5556 | 1611 | 22.5% | 79 | 1.1% |
| 2013 | 4217 | 3390 | 827 | 19.6% | 1 | 0.0% |
Question 3 – Run Again?
| Question 3 | ||||
|---|---|---|---|---|
| Strong Yes | Weak Yes | Very Close | Weak No | Strong No |
| Click the precinct on the map for vote totals. | ||||
| Precinct | Registered | Cast | Turnout | YES | NO | YES % |
|---|---|---|---|---|---|---|
| 1186 | 1457 | 163 | 11 | 78 | 79 | 50 |
| 1188 | 897 | 63 | 7 | 34 | 25 | 58 |
| 1189 | 96 | 11 | 11 | 9 | 2 | 82 |
| 1190 | 3391 | 245 | 7 | 159 | 83 | 66 |
| 1192 | 1454 | 124 | 9 | 78 | 40 | 66 |
| 1194 | 2029 | 401 | 20 | 315 | 74 | 81 |
| 1228 | 446 | 65 | 15 | 38 | 26 | 59 |
| 1238 | 1680 | 301 | 18 | 148 | 146 | 50 |
| 1240 | 2506 | 301 | 12 | 197 | 97 | 67 |
| 1242 | 2559 | 400 | 16 | 266 | 113 | 70 |
| 1244 | 1567 | 206 | 13 | 125 | 76 | 62 |
| 1246 | 2397 | 275 | 11 | 115 | 153 | 43 |
| 1247 | 228 | 32 | 14 | 27 | 5 | 84 |
| 1248 | 1495 | 204 | 14 | 103 | 95 | 52 |
| 1250 | 62 | 7 | 11 | 1 | 5 | 17 |
| 1252 | 2320 | 500 | 22 | 272 | 197 | 58 |
| 1254 | 455 | 32 | 7 | 15 | 17 | 47 |
| 1260 | 1293 | 172 | 13 | 70 | 98 | 42 |
| 1266 | 463 | 3 | 1 | 1 | 2 | 33 |
| 1268 | 295 | 8 | 3 | 6 | 2 | 75 |
| 1272 | 1911 | 189 | 10 | 88 | 94 | 48 |
| 1274 | 1585 | 145 | 9 | 49 | 88 | 36 |
| 1280 | 399 | 30 | 8 | 19 | 10 | 66 |
| 1284 | 2219 | 153 | 7 | 117 | 30 | 80 |
| 1288 | 40 | 5 | 13 | 3 | 1 | 75 |
| 1290 | 2130 | 224 | 11 | 127 | 88 | 59 |
| 1292 | 71 | 17 | 24 | 13 | 4 | 76 |
| 1296 | 713 | 34 | 5 | 24 | 9 | 73 |
| 1324 | 1282 | 73 | 6 | 42 | 29 | 59 |
| 1326 | 553 | 68 | 12 | 32 | 31 | 51 |
| 1340 | 12 | 3 | 25 | 3 | 0 | 100 |
| 1352 | 2210 | 161 | 7 | 91 | 68 | 57 |
| 1360 | 891 | 114 | 13 | 71 | 40 | 64 |
| 1372 | 153 | 2 | 1 | 1 | 0 | 100 |
| TOTAL | 41280 | 4731 | 11 | 2737 | 1827 | 60 |
Question 4 – Plurality or Majority?
| Question 4 | ||||
|---|---|---|---|---|
| Strong Yes | Weak Yes | Very Close | Weak No | Strong No |
| Click the precinct on the map for vote totals. | ||||
| Precinct | Registered | Cast | Turnout | YES | NO | Yes % |
|---|---|---|---|---|---|---|
| 1186 | 1457 | 163 | 11 | 75 | 82 | 48 |
| 1188 | 897 | 63 | 7 | 25 | 34 | 42 |
| 1189 | 96 | 11 | 11 | 9 | 2 | 82 |
| 1190 | 3391 | 245 | 7 | 134 | 107 | 56 |
| 1192 | 1454 | 124 | 9 | 71 | 45 | 61 |
| 1194 | 2029 | 401 | 20 | 260 | 128 | 67 |
| 1228 | 446 | 65 | 15 | 33 | 31 | 52 |
| 1238 | 1680 | 301 | 18 | 115 | 178 | 39 |
| 1240 | 2506 | 301 | 12 | 163 | 131 | 55 |
| 1242 | 2559 | 400 | 16 | 215 | 161 | 57 |
| 1244 | 1567 | 206 | 13 | 111 | 89 | 56 |
| 1246 | 2397 | 275 | 11 | 87 | 179 | 33 |
| 1247 | 228 | 32 | 14 | 18 | 14 | 56 |
| 1248 | 1495 | 204 | 14 | 75 | 122 | 38 |
| 1250 | 62 | 7 | 11 | 2 | 4 | 33 |
| 1252 | 2320 | 500 | 22 | 234 | 230 | 50 |
| 1254 | 455 | 32 | 7 | 16 | 16 | 50 |
| 1260 | 1293 | 172 | 13 | 58 | 110 | 35 |
| 1266 | 463 | 3 | 1 | 0 | 3 | 0 |
| 1268 | 295 | 8 | 3 | 5 | 3 | 63 |
| 1272 | 1911 | 189 | 10 | 79 | 104 | 43 |
| 1274 | 1585 | 145 | 9 | 51 | 86 | 37 |
| 1280 | 399 | 30 | 8 | 18 | 11 | 62 |
| 1284 | 2219 | 153 | 7 | 106 | 42 | 72 |
| 1288 | 40 | 5 | 13 | 0 | 4 | 0 |
| 1290 | 2130 | 224 | 11 | 109 | 106 | 51 |
| 1292 | 71 | 17 | 24 | 11 | 5 | 69 |
| 1296 | 713 | 34 | 5 | 23 | 10 | 70 |
| 1324 | 1282 | 73 | 6 | 41 | 30 | 58 |
| 1326 | 553 | 68 | 12 | 23 | 40 | 37 |
| 1340 | 12 | 3 | 25 | 3 | 0 | 100 |
| 1352 | 2210 | 161 | 7 | 71 | 87 | 45 |
| 1360 | 891 | 114 | 13 | 55 | 56 | 50 |
| 1372 | 153 | 2 | 1 | 1 | 0 | 100 |
| TOTAL | 41280 | 4731 | 11 | 2297 | 2250 | 51 |
No Mention of an Election or a Lawsuit at March 1 City Council Meeting
The March City Council meeting began on a somber note as all stood for a moment of silence for those lost and affected by the Parkland shooting. While there were no presentations on the agenda, Mayor Marino read a proclamation to Remember and Honor the Vicitms (Marjory Stoneman Douglas High School – Parkland, FL).
Council Member Litt, during Items of Resident Interest and Board/Committee Reports discussed how she (and other on the Council echoed her comments) was approached by folks asking what is she going to do about guns. She decried the City’s inability to act – even on whether or not there could be a gun show at the Amara Shrine Temple, as well as the continued assault on Home Rule. See the Palm Beach Post article here.
Public Comment was made by Louis Satriano of Lake Catherine. He was concerned about a meeting that was held with residents by the developers of Northlake Gardens, saying that they were going to change the plans for the center to include more stories and apartments. Director of Planning and Zoning, Natalie Crowley, assured him that there have not been such plans submitted or approved yet.
The Purchase Award for Banking Services for $675K was pulled by Council Member Lane so that Purchasing Director Km! Ra would do an update. That item and all on Consent Agenda passed 5:0. All items on the Regular Agenda – Ordinances 2, 4, 5 2018 and Resolution 13, 2018 passed 5:0.
During Items for Council Action/Discussion – Council Member Litt suggested and the others on the Council agreed, for City Manager Ferris to look into what it would take to be certified as Sun Safe City – which both she and Mayor Marino learned about during a meeting on Melanoma. Council Member Marciano lamented the anger that is being directed to the Council (presumably about the election/ballot questions) and suggested that while it was good to be involved locally that the anger should be directed elsewhere since Palm Beach Gardens is a wonderful city and because there are so many much bigger issues on the state and national levels.
The City Manager did not mention the emergency hearing about the lawsuit; even more surprisingly – City Attorney Lohman had no City Attorney report. While one would not have expected a detailed discussion – the suit was not even acknowledged. The judge in the case made a ruling on Friday, the next day. See Judge tosses half gardens ballot questions but election go on . Nor did anyone on the Council encourage those in attendance to vote on March 13, 2018!
So Gardens’ voters – Please VOTE ON MARCH 13!
Tallahassee Impacts on Home Rule a Significant Concern to City
The February 2nd meeting was fairly brief, ending before 8:30. All ordinances/resolutions passed 5:0 or 4:0 when one of the Council Members wasn’t in the chambers. The most significant items were those not specific to Council votes.
Presentations:
- The recognition and honoring of Evan Travers, Palm Beach Gardens Fire Explorer Post #705, who last April, assisted in the rescue of a driver and passenger in car accident, with the assistance of other passers-by – getting the crash victims to safety before the crashed car burst into flames.
- Joe Corrao of Public Works explained the new Fleet Leasing Program (covered on Consent), which will allow for turn-over of all vehicles on a 5-year schedule instead of the current 10+ year schedule, reduce fuel and maintenance costs, reduce mechanic hours on vehicle maintenance and also save money. The vehicles will also be turn-key – ready to use, instead of the normal 90 days it takes to configure a new vehicle for use after purchase.
City Manager Report:
- City Manager Ferris, in explaining the Home Rule resolution (on Consent Agenda), outlined the bills currently being considered in Tallahassee which will severely impact municipalities’ Home Rule by taking away rights of those municipalites to control their own policies at the same time causing significant fiscal impacts. It is worth watching Mr. Ferris’ presentation for the list of bills and their impacts! Or read the Palm Beach Post article entitled “Palm Beach County cities take fight to Legislature on home rule bills“.
Items of Resident Interest
- Most on the Council mentioned that they attended the Palm Beach County Commission meeting where the County passed the final agreement approving the District Park.
- Announcements made by Mayor Marino:
- Jack Doughney, Assistant City Manager recently retired. Chief Stepp is assuming the position of Interim Assistant City Manager and Clint Shannon is assuming the Interim Chief of Police Chief.
- Sandhill Crane Club House Grand Opening will be held on February 18 from 2-6pm – all are welcome.
- Council Member Litt on the profound affect on attending the screening “I am Jane Doe” – at the County Chambers, on Human Trafficking which occurs in all 50 states. She also mentioned that teachers and first-responders in the County are being trained to know what to look for.
Comments from the Public:
- Mayor Marino started this portion of the Agenda reading the newly changed Comment Card procedure – which states that cards must be submitted before the start of the specific agenda item.
- Paula Magnuson – expressed dissatisfaction with a council member saying that he would visit people’s homes if they sent him negative emails and praising another for his votes. This was met with an admonition by the Mayor stating that the speaker must address the Council as a body. Ms. Magnuson also handed the Clerk an envelope outlining other issues.
- Adam Gee, Damien Murray – both of the Palm Beach Gardens Soccer Program, and Tony Badala of PBGYAA, all made comments congratulating the Council and the City for completing the agreement with the County for the District Park.
- Carol Easton – wanted the Council to understand the history of Kevin Easton’s conflicts with the City as he tried to make improvements to the Sunset neighborhood, with her perceived heavy handed Code Enforcement as the repercussion.
- Former Mayor/Council Member David Levy gave an update report as the City’s representative to the Loxahatchee River Management Coordinating Council; he was just appointed/elected to be Secretary of the Council. He talked about a wet district called Palomar, spanning Martin and Palm Beach County. The Council ask that he also give them a written report.
Items for Council Action/Discussion:
Mayor Marino and others on the Council were concerned about an email that Council Member Lane wrote to FDOT on behalf of the Steeplechase HOA. Proper procedure was discussed: that such issues should be brought before the entire council or to staff, and then the Council would issue such an email or corresondence in the name of the Mayor or the City Manager. (As an observer, what was also interesting was the attendance of most if not the entire Council at a private HOA meeting. While they did not make policy or vote on anything there, they attended to hear the subdivision’s concerns. While this doesn’t seem to be a violation of Sunshine, it certainly wasn’t a meeting open to the public.)
City Manager Ferris will give the Council, for the next meeting, details on the code enforcement activities regarding the Easton properties over the last few years, plus a brief explanation of Ms. Magnuson’s issues.