2nd Sept City Council Mtg and Final FY 2021/2022 Budget Hearing on Wed 2/22 at 6pm

The final required Budget Hearing for the Fiscal Year 2021/2022 PBG City Budget will be held on Wed., Sept 22 at 6pm. The first hearing was held on Wed, 9/8. See our summary of the first meeting: Same Old Budget Hearing But Innovations on Outdoor Restaurant Seating.  The agenda is fairly short.  If you can’t make the meeting, you can watch it livestreamed or after the fact.

Presentations:

  • Palm Beach Gardens Police Explorers – First Place at State Competition – this was postponed from a prior council meeting.

Consent Agenda includes:

  • Purchase Award – Property and Casualty Insurance Program – Openly competed – 2yr contract with no option to renew – $3.6 million dollars

Public Hearings and Resolutions:

  • Resolution 36, 2021 – Adopting the tax levy and millage rate
  • Ordinance 8, 2021 – 2nd reading and adoption of the budget for FY 2021/2022
  • Ordinance 10, 2021 – 2nd reading and adoption of the modifications to Outdoor Seating and related parking requirements which passed 5:0 on first hearing.

Please check the agenda before the meeting for additions or modifications.

Same Old Budget Hearing But Innovations on Outdoor Restaurant Seating

The City Council held its first FY 2021/2022 Budget Hearing.  Despite compelling arguments from both Council Members Marciano and Tinsley to slightly lower the proposed millage to 5.50 from 5.55, Mayor Litt, Vice-Mayor Reed and Council Member Woods voted to raise taxes. As has been the same every year, since 2015 – which is the last time millage was lowered, various council members pride themselves on holding taxes flat. Except in rare times of flat or lowering valuations, this is UNTRUE. Flat millage with raising valuations is A TAX INCREASE. Scoffing at the concept of a discussion over savings to the hypothetical house valued at $450K of $20, they seemed to forget that the money comes from the people, and as Marciano said (and has said in the past) – the purpose of the city government is not to be a bank. This is our money. Public comment was made by resident Mary Lynn Manning requesting that the millage be set to the rollback rate. She added that while understanding that the city had no oversight of the schools, that without first rate schools the outstanding city would be lacking. That said – the final vote to keep millage flat was 4:1 with Council Member Marciano voting No. Ordinance 8, 2021, approving the proposed budget on first hearing passed 5:0.

September 8

Read Joel Englehardt’s On Gardens Post entitled Palm Beach Gardens Tax Revolt Fails by One Vote, for a blow by blow description of the budget portion of the meeting. Here is also a link to Finance Director Allan Owens’ presentation.

Ordinance 10, 2021 introduced a proposal, presented by Martin Fitts, Principal Planner, planning division, to modernize and streamline the process for outdoor restaurant seating and related parking requirements. The public’s preferences for outdoor dining choices as a result of Covid-19 and different types of dining venues, led the City to review it’s current policies. The current process to request outdoor seating by administrative petition takes about 4 weeks and costs $550. The proposed process would be a permit process costing $150 with more liberal options for the restaurants and their locations. The proposal was met with strong approval by the council. The primary concern was to make sure that restaurants affected by the current procedures expiring on Sept 30 be informed and be allowed sufficient time to qualify under the new permitting process. Planning and Zoning Director Natalie Crowley assured the council that everyone would be informed and she praised Mr. Fitts for his work. The ordinance passed 5:0

Other business:

  • Ordinance 9, 2021 passed 5:0 on second reading/adoption – it passed 5:0 on first reading last month
  • Charlotte Brzezinkski Leisure Services Administrator announced several honors received by the Parks and Recreation department and specifically called out Wendy Tatum, Director of Tennis & Pickleball and Andi Mohl, Recreation Supervisor – Tennis Business Operations for the Tennis Center’s receiving of a 2021 USTA (US Tennis assoc) Outstanding Facility Award. Also several staff members received the CPI (certified parks and recreation professional designation): Daniel Prieto, deputy leisure services administrator, Andi Mohl, tennis operations manager and earlier (due to covid) Tim Ford, Monette Preston and Ashley Shipman.
  • Mayor Litt acknowledged Firefighter Christina Krakowski and Jodi Kalish, Police Officer for their part in the podcast ‘The Woman Effect’ making it in a male dominated industry by/for Palm Beach North Chamber.
  • City Attorney Max Lohman said that the city was progressing with its Mobility case with the county – filing answers and counter-claims (the city counter sued county), described some discovery issues and scheduling depositions.
  • City Manager Ferris said that the latest interlocal agreement with the County had been submitted regarding the Bayhill/Northlake traffic signal and that the County should give approval and the City was ready to go next week with installing the signal.

The next council meeting will be held on Wednesday September 22 at 6pm – primarily as the 2nd Reading and Adoption of the millage and the FY 2021/2022 Budget.

First Budget Hearing and City Council Mtg on Wednesday, 9/8 at 6pm.

There will be two PBG City Council meetings in September due to the first and second public hearings of the 2021/2022 Fiscal Year Budget approval process. The two meetings will be held on Wednesday Sept 8 at 6pm and Wednesday Sept 22. The change in meeting days are to avoid conflict with other county budget hearings. See our related analysis of the proposed budget “PBG 3.3% Tax Increase Actually Less than Inflation“.  If you can’t make the meeting, you can watch it livestreamed or after the fact.

Presentations include various recognition for Parks and Recreation.

Consent Agenda includes:

  • Resolution 52, 2021:  A Resolution approving the plat for National Express Wash Northlake, located on the north side of Northlake Boulevard, approximately 200 feet west of Sunrise Drive
  • Purchase Award – Lease of Backhoe and Skid Steers – Piggyback/Access Contract – 3 yrs with no option to renew – total contract – $152K
  • Purchase Award – Stop Loss Insurance – “Stop loss insurance is used by the City to support the goals of the self-funded Group Health Insurance Program and to mitigate large insurance claims” – openly competed. One year contract with option to renew 5 times (1x each year) – $560K

Public Hearings – Ordinances and Resolutions:

  • Ordinance 8, 2021 – On July 15, 2021 , Council approved Resolution 29, 2021 , setting the maximum tentative operating millage rate for FY 2021/2022 at 5.55 mills which is the same as last year. The proposed operating millage of 5.55 is 2.3 percent above the roll-back rate of 5.4253. Total sources for all funds are $217,591 ,100, consisting of total estimated balances carried forward of $63,896,629 and projected total revenues of $153,694,471 . Total sources of funds are balanced with projected total expenditures of $153,321,554 and ending reserves of $64,269,546, for a total use of funds of $217,591,100. The second and final public hearing on the budget is scheduled for September 22, 2021.  See our post (mentioned above), as well as Joel Englehardt’s piece entitled “Gardens Budget: What You Pay and Where It Goes
  • Ordinance 9, 2021 – 2nd reading and Adoption – An amendment to Chapter 66. Taxation at Sections 66-59 and 66-60 of the City’s Code of Ordinances. 1st reading passed 5:0 on August 5th City Council Mtg
  • Ordinance 10, 2021 – 1st reading – A City-initiated request to amend Chapter 78 – Land Development, Article V – Supplementary District Regulations, Section 78-191 – Outdoor Seating and Section 78-345 – Number of parking spaces required. City Manager Ferris had said awhile back that the city planned to see if changes could be proposed to outdoor seating. “These updates are based on a shift in dining preferences by restaurant guests to dine outside and recognize changes in transportation preferences to include mobility options. Based on these environmental changes, City Staff has identified certain areas within the outdoor seating and parking codes that could be modernized. Additionally, Staff has streamlined the outdoor seating approval process to a permit process, similar to the current Special Event permit process, that is simpler for applicants to apply for, faster on average for review, and more cost efficient than the current approval process. The proposed changes will allow more flexibility for restaurant owners and staff in reviewing and approving outdoor seating within the City.”

Please check the agenda before the meeting for additions or modifications.

PBG 3.3% Tax Increase Actually Less than Inflation

The proposed 2021 PBG Budget raises about $2.3M in new taxes, up a modest 3.3% over last year. See the Proposed Budget here.

With the millage flat at 5.55 since reduced to that level in 2016, this is the seventh year that increases in property valuations and new construction have provided an equivalent increase in revenue without raising the tax rate. In 2015, ad-valorem revenue was $49M. This year’s $72M is a 46% increase over the six years of flat millage.

Unlike the six years previous, the 2022 budget needs to be thought of differently because excessive federal spending and money printing by the Federal Reserve has brought us a repeat of the inflationary environment of the ’70s. The Bureau of Labor Statistics tracks the “CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS (CPI-U)” monthly. In July of this year, that figure stands at 273 – up a whopping 5.4% over one year ago when it was 259. It has been climbing at a yearly rate in excess of 5% for the last 3 months, and was up 4.2% in April. In prior budget years, inflation was negligible compared to increases in the ad valorem tax. Let’s assume it continues for another 9 months and the July 2022 figure is 288. Adjusting the tax increase for inflation, the $72M becomes $68M in 2021 dollars – a $1.4M decrease (-2%) in Ad Valorem taxes.

Projecting out the PBG population estimates from the Bureau of Economic and Business Research (BEBR at UFL), the Gardens population will be just shy of 59K in 2022, up about 2%. The TABOR multiple (Taxpayer Bill of Rights – inflation times population growth) is therefore about 7.5%.

TABOR


In 1992, the state of Colorado amended their constitution to restrict the growth of taxation. Under the “Taxpayer Bill of Rights” (TABOR), state and local governments could not raise tax rates without voter approval and could not spend revenues collected under existing tax rates without voter approval if revenues grow faster than the rate of inflation and population growth. The results of this Colorado experiment are mixed, and TABOR has its pros and cons. (For background on TABOR, see: Taxpayer Bill of Rights ) Population growth and inflation though, would seem to be a way of assessing the appropriateness of the growth of a city budget, at least as an initial benchmark.

Since 2005, the population of Palm Beach Gardens will have grown by about 40% (BEBR estimate – see below) to its estimated 2022 level of 59K.  Inflation, measured by the consumer price index, will be about 48%. Taken together, TABOR would suggest a growth in city spending and taxation of about 107%. (see graph below).

Over the same period (2005-2021), ad-valorem taxes grew 104% and total expenditures (budget less debt payment, capital and transfers) grew 93%. Spending closely follows the TABOR line, and ad-valorem taxes is not widely divergent (although exceeding TABOR since 2017) suggesting spending and taxation appropriate to a growing city.

It should be noted that ad-valorem taxes fund only a part of city expenditures, the rest made up from impact fees, fees for services, other taxes, intergovernmental grants, etc. and have varied from 66% of the total in 2005 to about 70% now. That is why taxes and expenses do not track each other on the chart.

Another useful measurement is taxes per capita – Ad valorem taxes divided by population and then inflation adjusted. By this measure, in 2005 we paid $1,170 per person to our city and in 2022 it will be $1,154 (2021 dollars) – an actual decline.   Tax per capita was as low as $1056 in 2014 after a millage reduction.  It should be noted that as property owners, we pay taxes to other entities besides the city – county, schools, health care district, etc. In 2021 the Palm Beach Gardens portion of the amount on our TRIM statement is about 27% of the total.

The chart below shows an actual decline in per-capita taxation for two years in a row. However, there is reason to believe the BEBR population estimates have missed some of the city’s growth (see below).  If the numbers were to be adjusted to match the growth in voter registrations since 2016 for example, the curve would be flatter since there are more people to pay the taxes.

So if you trust TABOR, or per-capita as measuring sticks, this modest growth in taxation for 2021 seems appropriate in our view. You be the judge.

A word about population estimates.

Estimates of the Gardens population vary.   The numbers used in the preceding two charts are based on the University of Florida’s Bureau of Business and Economic Research (BEBR) data.   By their measure, we have grown 34.6% to 2020 (the last number given) since 2005.   The US Census has a different set of numbers and they claim 39% over the same period.   BEBR says we had 56,709 residents in 2020.  the Census said 58,410. Projecting to 2021 at the same rates would get approximately 59K and 60K respectively.

I have reason to believe that both of these estimates are too low.  In 2017, the city annexed Osprey Isles and Carleton Oaks (about 650 residents) and in 2018 Bay Hill and Rustic Lakes (aobut 1340 residents).   It is not clear that either BEBR or the census adjusts for annexations between census decennials.  Also, certain areas of the city are growing rapidly, such as Alton and soon Avenir.

 

Campus Drive and Aquatic Center Improvements will Impact Residents While Underway

Since it is of immediate impact to residents – Campus Drive will be closing on July 23 – August 6 – in order to put in a roundabout, with future additions to include a new sidewalk on the eastern side of the street, reliever lane for the right turn onto PGA Blvd and a 12′. See City Manager Report section below. Additionally, the Aquatic Complex Renovation project will begin by demolishing the old main pool (built in 1982) and the complex project is projected to be complete by March 2022.

July 15

The July City Council meeting began with a few presentations. Council Member Marciano was not present.

Presentations:

  • Gary Sypek, Director, Planning at Palm Beach International Airport spoke on planned runway extension, tower and potential new entry road for the North Palm Beach County (General Aviation) Airport. Public comment/input will be sought in early fall. Environmental Assessments are now underway, and completion of the projects are still a couple of years away. See the website for updates and information. Mr. Sypek assured the audience that this airport remains a general aviation airport and will NOT have any commercial, scheduled passenger airlines.
  • PBC Commissioner District 1 Maria Moreno  is always interested in comments and anything her office can do, don’t hesitate to contact her.
  • State Senator District 30 Bobby Powell gave a post-legislative session update. The spring session very different due to the pandemic and the inability to act with people face to face. Of immediate impact to the City via impacts on Home Rule, in his opinion were recently passed limitations on:
    • code enforcement – people may be afraid to report their neighbor or friend because of fear of retaliation
    • fuel retailers – city won’t be able to ban a gas station
    • preemption of occupational licenses – prohibits local govts from requiring licenses for occupations not already there for state
    • impact fees – provides a limitation on amount local govts can increase impact fees, retroactive to jan 1, 2021
    • PBG request for $300K for storm water maintenance did not make it into the budget.

Council members and staff comments for requests from the legislature:  Council Member Tinsley – Referencing the mobility law suit with the county – asked the Senator to look at strengthening language of statute 163 to allow municipalities for a solution to the issue. Mayor Litt spoke to building requirements as a result of Surfside. City Manager Ferris – appreciates Powells’ advocating for local government – ‘but never fear we’ll be back next year” for the storm water maintenance dollars..

  • Cheryl Stewart – HR Administrator and Lauren Ferrara, SR HR Generalist spoke to the City’s Group Health Insurance Plan. Separating the pharmacy plan from the group health insurance plan allows city to negotiate a better agreement and gives the city 100% of pharmacy rebates. Pharmacy represents 25% of employee health care expense.

City Manager Report:

  • David Reyes, Community Services Administrator and Todd Engle, City Engineer, gave an update on Campus Drive, Gardens Park, Burns Road Aquatic Center and the new Par-3 Golf Course/Club House/new entry from Avenir at Sandhill Crane.
  • City Manager Ferris
    • The City sent 16 personnel went to the Surfside site to assist between 7/5-7/10. It was very difficult and stressful but the personnel performed admirably. The City is no longer involved.
    • Municipalities have been having discussion about building safety and inspections with heightened awareness. While there is no mandatory inspection program in PBC, officials have been communicating and coming up with ideas for solutions. There is no one size fits all solution we’ll need some standard guidance from the legislature with differences for coastal, near-coastal and far-inland structures. The city issued letters to property owners of 24 properties (4 stories or more) to send copies of inspections (structural/electrical identifying deficiencies).
  • Mr Reyes and Candice Temple, Public Media Relations Manager, played a video developed in-house highlighting the hurricane readiness teams, with the title “We’re Storm Ready, Are You?”. The video will be put on the website and other social media in the next week or so.

Consent Agenda passed 4:0

Resolution 29, 2021 – The proposed max millage rate for fiscal year 2021/22 will remain flat at 5.55 and the first budget hearing will be on Sept 8. Allan Owens, Finance Administrator presented. Passed 4:0

Resolution 34, 2021 – Master Fee Schedule annual update – most fees stayed the same.   Passed 4:0

Items for discussion:

Vice Mayor Reed – Transportation Planning Agency (TPA) update – Prosperity Road from Northlake to Donald ross will be repaved and a bike lane, not separated, will be put in. Council Member Tinsley reporting on last month’s TPA meeting (attending on behalf of Reed) commented on quiet zones and testing measures – construction underway

City Attorney ReportCity Attorney Max Lohman said that the lawsuit between PBC and the city is still underway (re: mobility) and listed key actions happening in mid-August. Mayor Litt said that Boynton is moving ahead with their mobility plan as well.

Next PBG City Council Mtg on Thursday July 15 at 6pm

The next Palm Beach Gardens City Council meeting will be this Thursday, July 15 at 6pm. Highlights include a presentation by State Senator Bobby Powell giving a post-session legislative update, a presentation on runway expansion and other improvements to North Palm Beach County General Aviation Airport, and the setting of proposed max-millage rate of 5.550 – which is the same rate as the current year and will represent a tax increase due to increases in property values.

Announcements/Presentations:

  • 2021 Post-Session Legislative Update – Senator Bobby Powell
  • Gary Sypek, Deputy Director of Airports – Proposed Extension of Runway 14-32 and Related Improvements at the North Palm Beach County General Aviation Airport
  • Item G, under Consent, Group Health Insurance Plan (self-funded) and Pharmacy Benefits Manager

Consent Agenda includes:

  • Authorizing the City Manager to Execute a Five-Year Software as a Service Agreement with Carahsoft Technology Corp. for OpenGov’s Budgeting and Planning Suite, and its Reporting and Transparency Platform for the Finance Department by accessing a State of Florida/National Association of State Procurement Officials – The total cost for the 5-year term of the Agreement will be $444,075.34. The annual software user licensing fee will remain fixed at $74,257.12 for the term of the Agreement.
  • Resolution 37, 2021 – Palm Beach Workforce Development Consortium lnterlocal Agreement. Resolution 37, 2021 will be reaffirming, restating and reestablishing the intent to continue the operation of the multi-jurisdictional consortium between Palm Beach County and the municipalities of Delray Beach, Palm Beach Gardens, and South Bay.
  • Resolution 39, 2021Authorizing the City Manager to approve Independent Contractor Agreements (ICAs) for the Recreation and Golf Divisions, as set forth in the Resolution. (This will permit the City Manager to approve contracts for golf professionals that exceed his current purchasing contract limit of $65k, the rationale being that waiting for City Council review/approval represents a hardship to those residents taking lessons from such professionals).
  • Resolution 40, 2021 – Authorizing the Mayor and City Clerk to execute a State Highway Lighting, Maintenance, and Compensation Agreement with the Florida Department of Transportation.
  • Purchase Award – Group Health Insurance Plan and Pharmacy and Pharmacy Benefits Manager – Openly Competed – 3-year contract with 2 3-year options to renew. $1.145 Million for 3 year period.
  • Purchase Award – Construction of New Pool – Openly Competed – Contract value – $2,457 Million
  • Purchase Award – Life Insurance, AD&D, and Long-Term Disability – Openly Competed – 2 year contract with no option to renew – $411K

Public Hearings and Resolutions:

  • Resolution 29, 2021 – Adopting a proposed maximum millage rate for the City of Palm Beach Gardens for FY 2021/2022, and setting the date, time, and place of the first public budget hearing. Once the tentative millage is filed with the County, these rates can be lowered at the budget hearings, but they cannot be increased. The detailed proposed line-item budget will be distributed to Council and the Budget Oversight Review Board under ****separate cover.... staff recommends the first public hearing be held on September 8, 2021. (****cannot find a link to this yet on the City Website)
  • Resolution 34, 2021 – Adopting the Fiscal Year 2021/2022 Fees and Charges Schedule. The modified and new fees would take effect October 1, 2021.

Please check the agenda before the meeting for additions or modifications.

 

Changes to Downtown and Avenir Master Plans, and Several Status Updates

The June City Council meeting began with a presentation of the “Every one goes home seal of excellence award” from the National Fallen Firefighters Foundation to Palm Beach Gardens Fire/Rescue. At every shift change the focus is on serving our customers, constituencies and then to go home safely.

June 3

Public Comment: Resident Ilean Zamlut spoke regarding the Alzheimers and Brain Awareness Month proclamation in the Consent Agenda.

City Manager Report:

  • CDBG Resident program status

    Joann Skaria, Planning Manager, AICP – Gave updates on the CDBG (Community Development Block Grant) Cares Act grants and mortgage/rental assistance. The average grant was about $12k. She also gave updates on the CDBG resident occupied assistance program outlined in Resolution 63, 2020 and plans for Mary’s Circle and Dania Drive.

  • James Ippolito, Deputy Chief of Operations, Fire Rescue gave an update on the brushfire at the Avenir Preserve. Fire Rescue was aided by PBC Fire Rescue/Florida division of forestry. Also PBSO provided aerial surveillance by helicopter. There was significant help from the internal fleet department for refueling and addressing vehicle issues. Also used a drone for first 15 minutes to ensure no homes threatened by the fire. But the drone had to go too near to the North County Airport so its use was limited.
  • David Reyes, Palm Beach Gardens Community Services Administrator – gave a Hurricane Preparedness Update. The City is ready. He encouraged every resident to create their own emergency plan. There is a new hurricane guide on city website, and he suggested residents sign up for notifications.
  • Stephen Stepp, Deputy City Manager gave an update on the request by resident Lisa Wade in the previous month, for assistance in providing a new multi-purpose field for Dwyer HS. Dwyer asked city to partner with them to create artifical turf multipurpose field which is estimated to cost $1.5 million. The group brainstormed: Dwyer is to receive $22 million from the penny sales tax….but none for field. He suggested that school district re-allocate funds by priority – but the principal said the funds were unable to be reallocated. Parents should meet with District 1 School Board Member Barbara McQuinn to ask for assistance with the unsafe field conditions. In the $1.3 billion that the school district what will receive from the tax, over $30 million is allocated for fields. He suggested that parents bring concerns to the oversight board for reallocation. PBG HS now wants the same from the City. All need to go through school district channels.
  • City Manager Ferris
    • Employee health and wellness center – utilization from 90-94% for available appointments. It’s saving money and providing great health opportunities after the relocation of clinic in April. He recognized Sheryl Stewart, HR Administrator who manages the clinic.
    • Bayhill Traffic Signal – the city responded to requests by the County to update the interlocal agreement. The County has not yet responded
    • Temporary Outdoor Seating in Restaurants – city wants restaurants to remove their temporary signs which are starting to look shabby and needed to come down by June 30th when exemptions expire. Then the city will extend the temporary seating throught the summer until Sept 30, during which time they will review existing ordinances to see if the city can become more accommodating to permanent outdoor seating.  See the latest city advisory here.
    • The Palm Beach County Property Appraiser has come out with preliminary property valuations for Palm Beach Gardens (which are used to develop the FY 2021/2022 Budget). While the valuations for residential property were estimated to be 5% higher, 56% of the properties are homesteaded, resulting in an overall valuation increase of 3.21%. Commercial property valuations increased by 3%. The Council was not happy and wondered if it could be appealed. But valuations are preliminary at this point and will be readjusted, as is always done.

Consent Agenda passed 5:0

Ordinances and Resolutions:

  • Ordinance 5, 2021 – Voluntary Annexation – passed 5:0 Second reading and approval
  • Ordinances 6/7, 2021 – First Reading – Downtown Palm Beach Gardens Re-zoning – The ordinances were strictly for rezoning. Site plans will be brought before the Council, possibly some time this summer. See this PB Post article for possible plans. Passed 5:0.
  • Avenir Master Plan Amendments

    Resolution 27, 2021 – Avenir – revision to the overall master plan: 1) changes to actual plan 2) changes to development standards 3) clean-up items. Moved various economic uses into town center, changed around some roads and ‘driveways’. Passed 5:0

  • Resolution 28, 2021 – Westbound turn right turn lane at Northlake and Osprey Isles Requesting $75K for design, permitting- in order to get an estimate of total cost; will be brought back to council for final decision. Total cost probably around $480K. Public comment: Matthew Kamula , President of Osprey Isles HOA urging the council to vote for it! It’s taken 6 yrs to get to this point.

Items for discussion and resident interest:

  • City Manager Evaluation – Council was unanimously happy with the City Manager. He’s in his position for 21st year and ready to go another 20.
  • Mayor Litt – talked about the city water supply as she’s vice chair of PBC Water Resources task force. She gave an update on a recent workshop and future funding.
  • Vice Mayor Reed thanked staff for beautiful job with the Memorial Day video and especially to Lauren Brooks and highlighting her work with Gold Star families.
  • Council Member Woods spoke regarding the traffic signal. He suggested that he would rather keep City Attorney Lohman on a legal course to get the light put in. Lohman and Ferris both recommended that Ferris continue to work with PBC Administrator Verdenia Baker. The main objective is the to get the light. Ferris said ‘he feels their frustration’ and is trying to get it done diplomatically.

City Attorney Report: The city got served in the mobility law suit with the county.

Storm Clouds – both literal and figurative

There was a very heavy thunderstorm during the May City Council meeting which disrupted the meeting briefly so that a system could be rebooted. But the topic of a traffic signal at Northlake and Bay Hill Estates highlighted conflicts between Palm Beach Gardens and Palm Beach County.

Finance Administrator Allan Owens, and the Tammy Goldstrich of Marcum LLP kicked off with the first presentation on the audit of the Comprehensive Annual Financial Report for 2020. The report can be found here..

May 6

Bayhill Traffic Signal update

  • City Manager Ferris informed the Council about a community meeting with residents of Bayhill, Osprey Isles, Carleton Oaks, Ancient Tree, Avenir and Ibis regarding the progress on the desired traffic signal for the intersection, which has been worked on for three years now. Much of the meeting was taken by the presentation by Natalie Crowley, Director of Planning and Zoning and Todd Engle, City Engineer about the proposed signal, Council discussion, public comment and discussion by the City Attorney and City Manager. The City has had issues with Palm Beach County over several topics – but the jurisdiction and permitting for the signal have raised yet another ‘stormy’ conflict.
  • Read Joel Engelhardt’s in-depth piece entitled “‘Abuse of Power:’ Gardens Ready to Sue County of Bay Hill Stoplight”.
  • Public Comment regarding the traffic signal was made by Matthew Kamula, resident and HOA President of Osprey Isles (and accompanying residents), Victor Martin, HOA President Carlton Oaks, Gia Muirragui, Judy Ahrens, Douglas Grant.
  • City Manager Ferris, as his report, started by asking Mayor Litt to comment on Monday’s meeting on the Bay Hill Traffic Signal.
  • City Attorney Lohman added Resolution 31, 2021, which passed 5:0 – authorizing a law suit in Circuit Civil Court and additional steps to streamline moving forward with the traffic signal..

Public Comment:

  • Andres Torrens regarding issues with the tree-planting program and a tree in memory of his nephew.
  • Head football coach McKinley Rolle from Dwyer HS, a community school, requesting an athletic field since the one from the school is in poor condition
  • Lisa Wade, resident, also asking that the Dwyer field be replaced – that the school district has told them is not in budget to be repaired and that they’d have to fundraise. She found out that both the fields in Jupiter and Wellington were in great shape and were paid for the respective cities. So she was asking PBG to do the same. Mayor Litt replied that Deputy City Manager Stepp would be contacting them and working with them to see what can be done.
  • Douglas Grant from Balsam Street had concerns about day care businesses surrounding his residence and seeking the help of code enforcement. City Manager Ferris said that Deputy City Manager Stepp would step out and get additional information from him.

The Consent Agenda passed 5:0 with a few items pulled by the Mayor Litt and Vice Mayor Reed, and the following passed 5:0

  • Purchase Award – Furnish and Install Playground at Miracle League Field – Litt lauded the Parks and Rec department for the new playground, presented by Km! Ra, Purchasing and Contracts Director; Charlotte Presensky, Leisure Services gave credit to Todd Engle and David Reyes, Community Services Administrator.
  • Proclamation – Mental Health Awareness and Trauma Informed Care Month – Vice Mayor Reed was pleased to have mental health awareness focused on.
  • Proclamation – Professional Municipal Clerks Week – Mayor Litt honored City Clerk Snyder with an award trophy from the Council.

Ordinances and Resolutions:

  • Ordinance 4, 2021 – Annual Budget Amendment passed 5:0 on 2nd reading without any changes/addition discussion
  • Ordinance 5, 2021 – Voluntary Annexation of one parcel on Bomar Drive– passed 5:0 after brief discussion with the owner
  • Ordinance 6, 2021 – Automated Express Car Wash facility – on empty lot on Northlake near Roan Lane – all on the Council were very supportive, passed 5:0 on 1st reading.

Under Items for Council Discussion – Council Member Marciano described progress on the beautification of the main Post Office – with assistance of staff and involvement of Representative Mast.

Congratulations to Mayor Litt and Vice Mayor Reed

At the April 2021 City Council Meeting, the results of the Special Election were certified, and newly-elected Council Member Marcie Tinsley was sworn-in.  Council Member Marciano nominated Rachelle Litt as the new Mayor and Chelsea Reed as Vice-Mayor and both were confirmed by the Council.  Former-Mayor Carl Woods was ill and not in attendance.  Congratulations and best wishes to Mayor Litt and Vice Mayor Reed, and returning Council Member Tinsley.

There was no video of the meeting, and there were audio disruptions as well on the livestream.  Here is a link to the complete audio with no gaps.

Comments from the Public:

  • Former Mayor Joe Russo – He congratulated Mayor Litt, Vice-Mayor Reed, Council Member Tinsley, County Commissioner (former-Mayor) Marino and the entire council and said that Covid kept him from coming to meetings.  He also thanked the City on behalf of the Honda Classic
  • Agustin Sosa, VP of the Palm Beach State College Student Body Association – Gardens location, thanked the Council and City Staff for the positive working relationship on security/traffic issues.

City Manager Report:

  • PBG Cares and Mortgage Assistance Program – status of the applications – submittals are coming in.  To apply see here.
  • Burns Rd Rec Center Vaccination Site – Just over 9000 doses so far in 12 days.  Starting to open 4 days – M, T, TH and F – Moderna doses – administered by the the Healthcare District of Palm Beach County.
  • Par 3 19-hole golf course status – received 7 proposals for design, Jack Niklaus design team chosen and in negotiations
  • Mobility Fees dispute with Palm Beach County – City has received 3 letters of support for their position, (from North County Chamber, PGA Corridor and TPA) and against the County’s plan to place liens on private property owners.  The item will be held on the April 20 Board of County Commissioners’ Agenda and Ferris recommends that Mayor Litt address the Commission and present the letters of support.  He also suggested that he and City Attorney Lohman also attend.
  • Granted an additional 90 extension to the outdoor seating exemptions.  Now will allow through the end of June.  See here for more information.
  • Brightline RR Crossing closures: all are complete except for Kyoto Gardens Dr. which will be closed from April 21 to May 16.
  • The American Recovery Act – The City expects $5.92 million from the recent federal legislation.  While the ‘grants’ are expected to be given to the City in two block – the first of $2.96 million by 5/10/21 and the same amount 1 year later, the City is awaiting more detailed communications from the Secretary of the Treasury.

Consent Agenda:  Passed 4:0

Ordinances and Resolutions:

  • Ordinance 4, 2021 – Budget Amendment – Finance Administrator Allan Owens, presented a summary of the amendment, which is done every year to reconcile the prior year’s budget with the current one.  His charts can be seen here.  Passed 4:0
  • Resolution 23, 2021 – AIPP  for Alton Town Center and Resolution 24, – AIPP for Downtown Palm Beach Gardens.  Both passed 4:0.  Former Mayor Eric Jablin made public comment on the first item, saying that he had been chosen Chair of the AIPP.  Joel Engelhardt published an in-depth piece on both sculpture project in his blog OnGardens.Org entitled Meet your new neighbors: Council welcomes Tekno and The Blooms.

Items for Council Actions/Discussion and Items of Interest:

  • The Council reassigned primary and alternate members of various external Boards and Committees
  • Mayor Litt said that she wanted to bring back Board and Committee Reports to the monthly agenda
  • Mayor Litt said that she wanted to ‘share the truth’ about the status of the Covid-19 Pandemic and gave her perspectives on both the current statistics and the actions the public should still be taking.  One of the key items was to get vaccinated.  Council Member Marciano said that while most of his patients are getting the vaccine, he is encouraging those who are reluctant to do so as well.

There was no City Attorney Report.

Next City Council Mtg on Thursday April 1 at 6pm

The next Palm Beach Gardens City Council meeting will be on Thursday April 1 at 6pm. While the agenda is a light one, the results of the Special Election will be certified adding former-mayor Marcie Tinsley to the Council, and the Mayor/Vice-Mayor will be selected by the ‘new’ council. Additionally, committee assignments will be reapportioned with the full council complement. These are accomplished through Resolutions 18 and 19, 2021 at the beginning and Appointments at the end of the meeting.

Ordinances and Resolutions other than those relating to the reorganized Council include:

    • Ordinance 4, 2021 – An amendment to the Fiscal Year 2020/2021 budget to adjust fund balance carryovers to actual amounts; re-appropriate amounts committed from the FY 2019/2020 budget for outstanding purchase orders and open projects; and for other purposes. This amendment is done every year. Note that the Budget Stabilization Reserve Account is NOT depleted. “In addition to the carryforward of purchase orders and amounts designated for projects, the budget amendment records the proceeds from the Series 2021 Bond; establishes the golf expansion capital project in the amount of $13,941 ,000; allocates $2,000,000 to the recreation special revenue fund to offset the continued revenue loss due to COVID-19; and records $1,208,675 Community Development Block Grant funding for the repair, infrastructure, and mortgage and rent assistance programs. After the above amendments are made, the General Fund Budget Stabilization Reserve Account will total $6,850,167 in FY 2021.  Unassigned General Fund Reserves remain unchanged and total $26,000,000, which is equal to 26.1 percent of FY 2021 budgeted expenditures.
    • Resolution 23, 2021 – A request from NADG Brock Alton PBG, LP to approve proposed on-site artwork for the Art in Public Places (AIPP) requirement for the 40.8-acre Alton Town Center located south of Donald Ross Road and east of Alton Road in the Alton Planned Community District (PCD) – the proposed artwork is entitled ‘Tekno’ and is by Alexander Studios
  • Resolution 24, 2021 – Consideration for Approval: A request from Excel Gardens, LLC to approve proposed on-site artwork for the Art in Public Places (AIPP) requirement for the Downtown Palm Beach Gardens 49.04-acre site, located east of Alternate A 1A between Gardens Parkway and Kyoto Gardens Drive. The artwork pieces are entitled “Bloom Sculpture” and are by Dan Shaughnessy IV.

Consent Agenda includes:

  • Resolution 21, 2021 – A Resolution Approving the Gardens Self Storage Planned Unit Development (PUD) Plat.  On July 16, 2020, the City Council adopted Resolution 34, 2020, approving the Gardens Self Storage PUD site plan to allow the development of a 74,936-square-foot self-service storage facility with a 1, 129-square-foot accessory office. The site is located on the northeast intersection of Interstate 95 and Northlake Boulevard.
  • Resolution 22, 2021 – Lease Purchase of an Air Light Rehab Truck from Emergency Vehicles, Inc., an Authorized Dealer for Rechtein International Trucks, Inc. in the State of Florida, under a Contract with the Florida Sheriffs Association Cooperative Purchasing Program, and the Lease Purchase of a Ladder Truck (Quint) and a Combination Pumper from FWD Seagrave Holdings, LP, dba Seagrave Fire Apparatus,  LLC under a Contract with the Houston-Galveston Area Council Cooperative Purchasing Program, and Financed by BB&T Bank (now Truist Bank) for a Period of 10 Years. Total Contract Price: $3,018,501 .90 in 10 annual installments
  • Purchase award – Pest Control Services for City facilities and buildings – Openly competed – 5 year contract with no option to renew – $82.5K

Please check the agenda before the meeting for additions or modifications.

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