City Commissioners Please Repeal Ordinance 4836-19

Found on the City website.

“On February 25, 2019, we introduced Ordinance 4836-19 to the City Commission to prohibit the distribution, sale or use of plastic straws and plastic stirrers.

During the second reading on March 11, 2019, the ordinance unanimously passed and will go into effect on October 1, 2019.”

“give kudos to a local business for complying with the ordinance or report a violation. Our goal is not to collect fines, but to keep plastics out of the environment.”

“Businesses with reported violations will receive a personal visit first to provide details about the ordinance and offer assistance finding a good alternative for compliance. If businesses do not comply within a timely manner, violations may incur $125 per occurrence.”

I made a request to the City that they provide “Recycle bins” on Clematis St; so I could separate the plastic bottles and Plastic utensils from the trash. The city has not responded, and I don’t expect them too. Everything goes into the barrels which I find are mostly full by the time FNB feed the homeless on Saturday night. How serious is the city when they state, “to keep plastics out of the environment?” 

https://www.wpb.org/government/sustainability/city-initiatives/single-use-plastics

FRIDAY, Aug. 25, 2023 (HealthDay News) — “Paper straws, meant to be an eco-friendly alternative to plastic, may not be better for the environment, a new study concludes, warning that they also contain “forever chemicals” that can harm human health.”

https://www.usnews.com/news/health-news/articles/2023-08-25/eco-friendly-paper-straws-contain-harmful-pfas-chemicals

If the City of WPB wanted to help the environment, why don’t they lead the charge to Tallahassee and request they pass a law and allow deposit on plastic bottles? Buy a case of water, 24 bottles with a $.05 deposit will cost a buyer $1.20 extra. Return the bottles and receive $1.20 refund. Win-win for all. You will not see people walking down the street throwing nickels on the ground.

The city passed Ordinance 4836-19 in March 2019, and took effect in October 2019. We have been made aware of the test results on paper straws which was released in 2023 with multiply stories on the dangers of “forever chemicals” Now what will Mayor James and the City Commission do about it now that they have been made aware of the situation, how important is the health of their residents and visitors to WPB?

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Cornerstone Solutions and PBC Supervisor of Elections

The Miami Independent: Published September 21, 2023

“A Highly Partisan Democrat Political Consulting Firm Is Deeply Embedded In The Palm Beach County Supervisor Of Elections”

“On February 4, 2022, a Palm Beach County grass roots group submitted an email request for an update to a public records request via the general email inbox of the Palm Beach County (PBC) Supervisor of Elections (SOE), [email protected].

Upon submitting the request, the group was surprised to have received an ‘Out of Office’ response from a consulting firm, Cornerstone Solutions (Rick Asnani-President and Jonathan Cooper-Vice President) (Exhibit 1).”

“To appreciate the client representation of Cornerstone Solutions, you must first investigate their clientele. The following list, taken from their website, is not an all-inclusive list but is telling by the high volume of Democrat clients:”

When you read the story by the Miami Independent, and I spent an hour reading the story, and had to read it twice, because I couldn’t believe what I was reading. If you take the time, you will see the list of people Cornerstone represents, and what it takes to win an election.

“Mayor Keith James, Commissioners Peduzzi and Lambert.” Not mentioned are Commissioners Ward, Warren and Fox, all three Commissioners are represented by Cornerstone, Rick Asnani also. WPB residents know the commissioners as the Cornerstone 5, or Cornerstone 6 if you are counting James.

Exhibit 1: Email sent to the Supervisor of Elections general inbox and ‘Out of Office’ response sent from Cornerstone Solutions – Why is Cornerstone Solutions monitoring our Supervisor of Elections inbox?”

Exhibit 2: Cornerstone Represents Primarily Democrat Candidates. Of note, excluded from the list is Wendy Link” Wendy Link is the Supervisor of Elections who was put in place by Governor Ron DeSantis after terminating Susan Boucher, a Democrat from the position of SOE

Exhibit 3: “Rick Asnani PACs, other contributing PACs, and Cornerstone Solution Payments”

Question 1:  Why are our tax dollars going to pay a political consulting firm to monitor a public records request email inbox when the Supervisor of Elections could be paying an employee at $15-20/hour?”

Question 2: Is this democrat political consulting firm monitoring the content of public records requests or more importantly who is submitting requests? Given Rick Asnani’s court case regarding paying off and the intimidation of political opposition, this is quite disturbing (Article 1).”

Article 1: Judge denies motion to drop interference case against Seminole Tribe’s organizers alleging Asnani’s firm paid off petition signature collectors to stop getting signatures and hired individuals to intimidate petition signature collectors. Essentially, Rick Asnani and his firm were on trial for intimidating political opposition.”

Exhibit 4: Cornerstone Solutions gets Wendy Link elected and she received more votes than ANY OTHER candidate!”

Exhibit 5: Hundreds of Thousands of email exchanges between Cornerstone Solutions and the PBC SOE?”

There are a total of 17 Exhibit’s, I presented 4; leaving the most shocking, well documented 13 for readers to ingest.

“Regarding the emails received, it is very important to address what the emails revealed. Shortly after Cornerstone Solutions got Wendy Link elected as the Supervisor of Elections in August of 2020, the Supervisor of Elections was in communication and working with Cornerstone Solutions to obtain a CTCL grant/Zuckerbucks in the amount of $6,808,977.94. The grant was submitted on September 29th and approved on September 30th. Wendy Link sends a celebratory ‘Woo hoo!!! Let the work begin!!!!’ to Cornerstone Solutions, clearly ‘in the know’ (Exhibit 6,7,8, 9, 10, 11, and 12).”

https://miamiindependent.com/a-highly-partisan-democrat-political-consulting-firm-is-deeply-embedded-in-the-palm-beach-county-supervisor-of-elections/

In closing, I look back on the City Commission race between City Commissioner Shanon Materio, and Christine Lambert. Are you aware that Shanon Materio lost by 183 votes? Still believe your vote isn’t important? After reading the story by The Miami Independent, and the word “Independent” is most paramount, I have decided Materio didn’t lose the race, it was stolen.

https://www.palmbeachpost.com/story/news/local/2019/11/05/new-court-denies-political-consultants-move-to-kill-shanon-materio-suit-over-campaign-flyer/236174000

A sincere thank you to the Miami Independent for a well-researched and documented article. I totally agree with them, an investigation is warranted, now, not years from now.

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Mayor Frankel, James and Homeless Population

This story calls for a walk down memory lane. How much do we remember from the good old days? What got us to where we are today? Remember Pay to Play, Corruption County?

Mayor Lois Frankel March 27, 2003 — March 31, 2011

“Lois ‘Pay to play’ Frankel and Digital Domain.”

“In 2006, a grand jury looked into alleged acts of “pay to play” by West Palm Beach city officials, most notably then-Mayor Lois Frankel. Recent events centering on the now defunct Digital Domain suggest that the jury panel disbanded far too soon — more work was coming down the pike.”

“In January 2007, the grand jury concluded, “There was a perception of pay-to-play in which developers needed to pay to get projects moved forward.”

“Frankel, in my opinion, dodged the bullet on that one. The jury panel found that developers, even those from out-state, seeking city contracts contributed heavily to Frankel’s political campaign.”

“Three days after Digital Domain declared itself insolvent, Frankel announced that she would be turning over to charity $20,000 in cash contributions that Digital Domain made to her campaign.”

https://www.bizpacreview.com/2012/10/16/lois-pay-to-play-frankel-and-digital-domain-2680/

2007 The two groups, Art and Compassion and Food Not Bombs, took some digs at Mayor Lois Frankel, who was recently cleared by a grand jury of “pay to play” allegations. Frankel supported the ordinance banning food giveaways.

https://www.upi.com/Top_News/2007/12/28/Lawsuit-challenges-ban-on-feeding-homeless/91891198818860/

Excerpts from Z story. Link below.

“Food Not Bombs Battles City Government – and Wins”

“In September 2007 the city commission of West Palm Beach, Florida passed an ordinance prohibiting the distribution of free food in Centennial Park.”

“Like other ordinances and laws targeting homeless advocates across the nation, business owners and affluent residents want the homeless out of sight, even if that means banning public feedings in public places. The city’s motivation for the ordinance is evident from Mayor Lois Frankel’s recent statement that the groups “decided it’s their right to destroy West Palm Beach’s downtown commerce.”

Food Not Bombs and Art and Compassion sued the city in December 2007, claiming the ordinance violated their constitutional right of freedom of speech and assembly. The city decided not to enforce the law until the lawsuit was over so feedings continued.

Finally, on December 3, 2008, an attorney told a federal judge that the city commission had decided to repeal the ordinance and settle with the groups, agreeing to pay them $100,000 in legal fees.”

https://znetwork.org/zmagazine/food-not-bombs-battles-city-government-and-wins-by-gonzalo-vizcardo/

Keith James served as the district 4 City Commissioner from 2011 – 2019. The story below, hopefully, will give commissioners something to think about.

“The panel and McKenna haven’t always gotten along. In April, the commission, having on occasion second-guessed her opinions, took the dramatic step of hiring Charles Schoech as its own attorney, for second opinions.” Commissioner James led the charge to hire Schoech.

City Attorney Claudia McKenna will retire in April 2014 after 18 years. McKenna retired under Mayor Geri Muoio time in office and advised the city on legalities.

https://www.palmbeachpost.com/story/news/politics/2014/02/04/west-palm-beach-city-attorney/6786663007/

“Mayor James was the former Chair of the West Palm Beach Citizens’ Ethics Task Force, a position to which he was appointed by then-Mayor Lois Frankel.” Info. on City website and speaks volumes to me.

THAT’S THE WAY IT WAS, BELOW IS THE WAY IT IS.

Mayor James 2019 — 2027

Why did I begin the story with past history and stories on Lois Frankel? At James swearing in as mayor in 2019 he thanked Lois Frankel, his friend and mentor, and soon after declared war on the homeless.

George Santayana: “Those who fail to learn from the mistakes of their predecessors are destined to repeat them.”

July 2019 “Officials in West Palm Beach, Florida is trying a new method of driving homeless people away from a city-owned rental facility: children’s music. The wildly popular and extremely repetitive children’s songs, Baby Shark and Raining Tacos, play on an endless loop through the night. Mayor Keith James told the BBC it is a temporary measure to keep the homeless from the city’s waterfront space. The particular songs were chosen, he notes, “because they’re pretty aggravating if you hear them over and over.”

Below is an email sent to Mayor James and City Commissioners Fox, Lambert, Peduzzi, Shoaf and Warren. I encourage readers to read the 4-page report. It’s an easy and heart breaking read.

“The Sleeping/Camping Ban Runs Afoul of Established Case Law”

June 17, 2021 “We write on behalf of Southern Legal Counsel, the ACLU of Florida, and the National Homelessness Law Center (“Law Center”) regarding Ordinance 4934-21, which amends Chapter 54 Sections 146 and 147 of the West Palm Beach Code of Ordinances to prohibit sleeping and camping in all public areas (“Sleeping/Camping Ban”)

“The Court found that these ordinances were unconstitutional under Martin, because “it is not enough under the Eighth Amendment to simply allow sleeping in public spaces; the Eighth Amendment also prohibits a City from punishing homeless people for taking necessary minimal measures to keep themselves warm and dry while sleeping when there are no alternative forms of shelter available.”

“Finally, in Pottinger v. City of Miami, a class of homeless plaintiffs challenged Miami’s policy of arresting homeless people for conduct such as sleeping, eating, and congregating in public, and of confiscating and destroying homeless people’s belongings.

I have been told by numerous homeless people the WPB Police Dept; with the aid of PSC Security have taken their belongings, never to be seen again. My opinion, the police officers need training in how to deal with the homeless population, what is legal and what can get them into trouble.

https://homelesslaw.org/wp-content/uploads/2021/08/West-Palm-Beach-Sleeping-and-Camping-Ban-6-17-21-2.pdf

Dec. 2020 “In an effort to preserve its “aesthetic beauty,” the City of West Palm Beach passed a panhandling ban.”

“During the meeting, Mayor Keith James said the ordinance was not meant to target homeless people but merely meant to regulate behavior that harms businesses in downtown and Northwood. And he claimed the ordinance was perfectly legal because the regulation is limited to two areas of the city, allowing homeless individuals to move to other areas.”

“Another commissioner who challenged the ordinance, Cory Neering, said he has a family member who experienced homelessness in West Palm Beach and was unable to find space in any shelters in the city. Neering was concerned that people who couldn’t find shelter space would wind up getting arrested or fined because they had no choice other than to sleep outside.”

“But James resisted requests from commissioners to table the ordinance for further review, saying he wanted a vote on it right away. After a long period of discussion, the ordinance finally passed without the language prohibiting sleeping outdoors; the prohibitions on public urination and defecation and on panhandling remain intact.”

https://www.miaminewtimes.com/news/west-palm-beach-passes-anti-homeless-panhandling-ban-11787350

March 2023 “The city of West Palm Beach enacted an ordinance in March 2023 that requires individuals or organizations to obtain a permit 30 days in advance of hosting a special event during which food is shared by 25 or more people. The permit fee is $50, and those who violate the ordinance can be fined $500 or jailed for 60 days.”

Three members of FNB (Food Not Bombs) along with myself have been arrested, and due to appear in court on 11/13/2023 to answer charges.

Sept. 2023 DNA (Downtown Neighborhood Association) meeting. Jennifer Ferriol, Housing & Community Development, led the meeting.

At the end Ms. Ferriol mentioned the city was looking into privatizing the Centennial Park in an attempt to keep the homeless out. I was told by 2 people the statement was correct and one person added “unfortunately I think there was a round of applause for that! Most folks there wanted the homeless gone no matter what, most didn’t care where they went.” Nuff said.

Oct. 7, 2023, I attended the FNB feeding the homeless on the 100 block of Clematis St; and happy to say the chain link fence was removed for the Green Market which was held from 9:00 AM until 1:00 PM. The feeding took place in Centennial Park, no police presence, and the area was policed to ensure no trash was left behind.

I saw a group of 12-15 boys playing touch football in the park, just a bunch of kids having fun. So, if the city privatizes the park where will these young men go to get together and play ball, keep them busy and keep them off the streets and out of trouble? Double click picture to enlarge.

 

 

One more issue I will bring to people’s attention. When James raised the parking rates, he also eliminated many “Handicapped Parking” spots, and had the signs turned facing the street. If you are driving down a city street, looking for the Handicap sign, you won’t see them until you are next to them. No time to signal your intention. Traffic is backed up on your bumper, try to park and that will start the drivers honking their horn. I have mentioned this to Assistant City Administrator who said people were complaining about it. So why isn’t something done? Double click to enlarge.

Oct. 2023 Public media reports 3 unidentified men found dead in WPB. Could they be members of the homeless community?

In answer to a reader’s question:  The new marina failed to pass will James have to return the $45,000 several marine companies donated to his campaign manager? 

I honestly don’t know. He may be able to give it to charity as Lois Frankel previously has done.

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WPB Watch CC Meeting 10/2/2023

Consent Calendar: “All items listed under the consent calendar are considered routine and will be enacted by one motion. There will be no separate discussion of these items.”

The Consent Calendar has been used when politicians try to slip something thru without calling attention to the item.

On the Consent Calendar item # 7.8 “Resolution No. 260-23 waiving a potential conflict of interest related to hiring Akerman LLP as outside counsel.”

“Background Information: The City of West Palm Beach has requested Akerman LLP (the “firm”) as Outside Counsel to handle a fee dispute involving F. Malcolm Cunningham, P.A.”

F. Malcolm Cunningham, why did the name ring a bell? Two days later I remember the lawsuit filed against the city over the Sunset Lounge and who would manage the lounge.

Vita Lounge was the winning bidder to manage the Sunset Lounge. Mayor James wanted Mad Room Hospitality to manage the club and he put in motion a plan to ensure Vita was disqualified.

As expected, Vita sued the city and won the lawsuit with F. Malcom Cunningham Jr. Esquire and Amy L. Fischer, Attorney at Law defending Vita Lounge. James stated the operating costs for the Sunset Lounge at around $26,000 a month to maintain the building.

On Mar 24, 2023, the court ruled Vita would manage the Sunset Lounge. Six months later @ $26,000/ month James is costing the taxpayers an additional $156,000.00, not to mention what it cost for outside attorneys to defend the City’s position, and now we have more attorneys to challenge law fees while the lounge remains closed.

7.9. “Resolution No. 243-23 authorizing the submittal of an application to the U.S. Department of Transportation for a Strengthening Mobility and Revolutionizing Transportation (SMART) Grant Program in the amount of $1,500,000 for development of a technology-driven railway assessment for community and key safety.”

Time-lapse video of Brightline train crossing Avenue A in Fort Pierce while arms are up in this time-lapse video. Sept. 19, 2023. If God wasn’t with the people in the cars, I believe there would have been many more “suicides” on the track or people trying to beat the train, or not paying attention. Always the fault of people, never the train. Speed kills.

https://www.tcpalm.com/videos/news/2023/09/19/time-lapse-video-brightline-train-crossing-fort-pierce/8416065001/?

The three Ordinances can be read in its entirety below. 9.1 & 9.2 the City to include the question on the March 19, 2024, ballot along with our vote for three City Commissioners, Lambert, Ward and Fox. 

9.1 “Public Hearing and Second Reading of Ordinance No. 5066-23 proposing a ballot question, which if passed, amends Section 2.01 of the City Charter increasing a candidate’s residency requirement from six (6) months to twelve (12) months.”

9.2. “Public Hearing and Second Reading of Ordinance No. 5067-23 proposing a ballot question to amend Section 3.01 of the City Charter to prohibit the Mayor’s potential outside employment and limit business relationships.”

9.3. “Public Hearing and Second Reading of Ordinance No. 5068-23 amending the City’s Elections Code to require submission of documentation evidencing a candidate’s proof of residency at the time of qualifying for office.”

I included 9.1, 9.2 and 9.3 to test WPB Watch readers how well we observe what we see and read. Did readers notice that Rodney Mayo’s name is not mentioned. If you didn’t notice, that’s OK, you’re probably new to WPB. Welcome

Agenda for CC meeting

City Commission – Oct 02 2023 – Agenda – Pdf

A date has been set for my trial for feeding the homeless. I appear on 11/13/2023.

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