The City’s Second Budget Hearing and Adoption to be held on Sept 24 at 6pm

The only items on the agenda are Resolution 41, 2020 and Ordinance 7, 2020:

“This is the second of two required public hearings on the proposed budget for Fiscal Year 2020/2021 . The total of all funds is $182,700,733. The proposed operating millage rate for Fiscal Year 2020/2021 is 5.5500 mills. The proposed operating millage rate of 5.5500 is 2.3 percent above the roll-back of 5.4254.”

On September 10, 2020, the City Council approved Ordinance 7, 2020 on first reading by a vote of 4 to 1.

Since the rest of the Council failed to second Council Member Marciano’s counter-motion to lower the millage to 5.5 on first reading in order to even entertain or discuss the option, expect the meeting to be very short.

The next full meeting of the City Council will be held on Thursday, October 1 at 6pm.

Check the agenda before the meeting to see if there are any changes.

Hero Officer David Joy Recognized – updated w Both Budget Hearings

At a time when police are under assault (both figuratively and literally) across our nation, it was wonderful to see a member of the Palm Beach Gardens Police Department honoring Officer David Joy for his quick action in saving a severely injured vehicle accident victim. “He was recognized by the Palm Beach Gardens City Council, Fire Department, and Police Chief Clinton Shannon on September 10, 2020. Officer Joy was awarded the Police Department’s Life Saving Award and the Fire Department’s Call of the Quarter Award.” Please see the City’s coverage here and CBS 12’s coverage here.   Congratulations, thanks and kudos to Officer Joy!

The first of two FY 2020/2021 Budget Hearings had the annual presentation by Finance Director Allan Owens. While Mayor Woods claimed to have explored a modest cut in the tax rate with staff, he and apparently all on the Council excepting Council Member Marciano, were convinced that the millage should remain flat at 5.55. Marciano, who is more experienced in the workings of the Budget than any other currently on the Council (given his long-time membership on the Budget Oversight Review Board and his time on the Council), once again argued for a modest decrease in the tax rate to 5.50. He recognized and stated that the role of goverment is not to run profits, nor is it to act as a bank. The council and staff and even the Budget Oversight Review Board always seem to find a reason why ‘next year’ is the right year to consider lowering the millage – last year citing hurricanes, and this year citing Covid-19. Council Member Marciano pointed out that even had the millage been lowered last year, all would have been well with the reserves and the City would have been able to make do. His counter motion to consider such a cut was not even seconded for discussion. Thanks to Mark Marciano for standing up for the taxpayers and standing up for his principles. The second reading and adoption will be on Thursday, Sept 24 at 6pm. Note that Mr. Owens added a new chart (shown above) which demonstrated that the ‘ten year’ projections consistently under-estimate what revenues will be. Ordinance 7, 2020 passed 4:1 with Council Member Marciano voting No.

All other Ordinances and Resolutions passed 5:0. Of note:

• Ordinance 10, 2020 establishing the Transit-Oriented Design District provides for a higher density central core of the city – which was lauded by Council Members Reed and Vice Mayor Marino. See the chart for a description.

• Resolution 52, 2020 approved a new Learning Experience Daycare to replace the previously approved mixed-used building within the Banyan Tree PUD Phase II. The council expressed concerns about traffic, questioned the time of drop-off (staggered – unlike a school which has a fixed start), and physical protection of the proposed play area from vehicles (approved by the Police department with strategically placed concrete bollards).
• Resolution 53, 2020 – La Terre at Avenir (Residential Pod 2 – Site Plan #1) – the price of the single family homes for the new subdivision will range from $675K – mid-800k.
• Old business Ordinances 8/9, 2020 Second Reading and Adoption – once again, Palm Beach County, represented by Khurshid Mohyuddin, Principal Planner, Transportation Planning Dept, made Public Comment objecting to the City’s Mobility Plan.

City Hall will be open for business with the public starting September 21!

The new Tennis Center official ribbon cutting ceremony is targeted for October 1st.

************Update****************

The Second Budget Hearing and Adoption of the Millage Rate and the FY 2020/2021 Budget took place on Thursday, Sept. 24.  Resolution 41, 2020 and Ordinance 7, 2020 passed 4:1 with Council Member Marciano objecting.  At the end of the meeting Council Member Reed spoke briefly about her respect for Marciano’s position;  Marciano countered with his respect for how the council works as a team and his hope to convince them otherwise next year.

First Budget Hearing and City Council Mtg on Thurs 9/10 at 6pm

The meeting on Sept 10th will be the first of two City Council meetings in September in order to accommodate the required two budget hearings.  The second meeting this month will be on Thursday, September 24th at 6pm.

New Business – Ordinances and Resolutions:

• Ordinance 7, 2020 – Public Hearing for First Reading – Adopting the Fiscal Year 2020/2021 Budget.
  • Staff recommends a motion that the City of Palm Beach Gardens adopt a proposed operating and total millage rate of 5.55, which is greater than the roll-back rate of 5.4254 by 2.3 percent.
  • The proposed budget can be found here.
  • Finance Administrator Allen Owens has placed his budget presentation on Youtube.
  • See our analysis:  Modest 3.1% Tax Increase in 2021 Budget
• Ordinance 10, 2020 – City-initiated Text Amendment to the Future Land Use element of the City’s Comprehensive Plan to incorporate a Transit Oriented Development (TOD) objective and associated policies based on the recommendations included in the City’s TOD Master Plan, prepared by the Treasure Coast Regional Planning Council. – “The amendments will help provide transit supportive development, multi-modal transportation, a pedestrian-friendly environment, and an economically sustainable future. The proposed Comprehensive Plan amendment implements the TOD Master Plan concepts of TOD land use patterns, increased density, increased height, incentives for workforce and affordable housing, and other design strategies, as recommended in the report.”
• Resolution 51, 2020 – A request by Florida Power and Light Company (FPL) for Site Plan approval to allow the development of a minor utility electric substation. The subject site is 4.8 acres and is located west of the Coconut Boulevard extension, approximately 500 feet from the Avenir Planned Community Development’s (PCD) western boundary, within the Neighborhood District (Parcel A) of the Avenir PCD.
• Resolution 52, 2020 – A request from Northlake Place 11, LLC for a Planned Unit Development (PUD) Amendment and Major Conditional Use approval to allow a 10,000-square-foot day care facility with 175 students and associated site modifications within the Banyan Tree PUD Phase II. The subject site is located at the northwest corner of Northlake Boulevard and MacArthur Boulevard. ” The Learning Experience day care will accommodate a maximum of 175 students. The facility plans to provide half- and full-day care and includes a 6,323-square-foot outdoor play area.”
• Resolution 53, 2020 – A request for a site plan amendment to approve single-family home floor plan models and architectural elevation themes, typical lot landscaping, an entry feature, and a model home and sales center for La Terre at Avenir (Residential Pod 2 – Site Plan #1) within the Avenir Planned Community Development (PCD)

‘Old Business” – Second Reading and Adoption:

• Ordinance 8, 2020 – City-initiated Comprehensive Text Amendments to the Future Land Use, Transportation, Conservation, and Capital Improvements elements to provide internal consistency with the City’s Comprehensive Plan, Mobility Plan, and Mobility Fee.
• Ordinance 9, 2020 – A City-initiated request to amend various sections of Chapter 78 to provide consistency with the City’s adopted Mobility Plan and Mobility Fee.

Consent Agenda includes:

• Purchase award – Public Art – Repair, Maintenance, and Conservation – openly competed – 5 yr contract with no option to renew – $576K
• Purchase award – Replacement Air Conditioning Units for City Hall and Police Department – Piggyback/Access contract – $72K
• Purchase award – Installation of New Air Conditioning Units at City Hall and Police Department – Piggyback/Access contract – $181K
• Purchase award – Building Management System for New Air Conditioning Systems at City Hall and Police Department – Piggyback/Access contract – $67K
• Purchase award – Emergency Medical Services Expendable Supplies – Piggyback/Access Contract – 2 yr contract – $280K
• Purchase award – Fleet Information Management System – Piggyback/Access contract – 5 years – $234K
• Purchase award – Microsoft Enterprise License – Piggyback/Access contract – 3 years – $586K
• Purchase award – Group Health Insurance Plan (Self-Funded) – Stop Loss Insurance Coverage – openly competed – 1 year contract with no option to renew – $553K
• Purchase award – Technical Services Support for AEDs, CPR Systems, and Stretchers – Bid Waiver – ” Stryker Corporation is the manufacturer and seller of the equipment. For life safety reasons, the City is best served by having the manufacturer service the equipment to ensure compliance with servicing schedules, warranty, and patient safety standards. Based on these life safety concerns, the City will single-source the technical services support from the manufacturer.” – 3 yr contract with no option to renew – $234K
• Resolution 58, 2020 – Approving and ratifying a collective bargaining agreement between the Service Employees International Union (SEIU)/Florida Public Services Union (FPSU) and the City of Palm Beach Gardens for Fiscal Years 2020-2021 , 2021-2022, and 2022-2023. 3 year contract – $834K

Please check the agenda for any changes or additions prior to the meeting.

Modest 3.1% Tax Increase in 2021 Budget

The proposed 2021 PBG Budget raises about $2M in new taxes, up a modest 3.1% 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 sixth 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 $69M is a 41% increase over the six years of flat millage.

If you add in the effect of the 10 year 1% sales tax surcharge which gives the city about another $3M per year, the increase over 2015 is actually about 47%.

You may recall that prior to the passage of the sales tax surcharge in 2016, PBG staff had said they didn’t need any additional sources of funds, and if it passed, would return some to the taxpayers in a millage reduction. That too changed of course when the full 10 year revenue stream was captured in a bond and allocated to projects starting immediately, including $11M for the new district park.

Assuming the flat millage budget is passed as proposed, the 3.1% tax increase compares to an estimated increase in population of about 3% and mild inflation of about 1% (July to July CPI change), so the increase is about what economic conditions would expect, although the effects of the Covid-19 shutdowns make it hard to project into the future.

Since 2005, the population of Palm Beach Gardens will have grown by about 41% (BEBR estimate – see below) to its estimated 2021 level of 59K.  Inflation, measured by the consumer price index, will be about 33%. Taken together, TABOR would suggest a growth in city spending and taxation of about 88%. (see graph below).

Over the same period (2005-2021), ad-valorem taxes grew 97% and total expenditures (budget less debt payment, capital and transfers) grew 81%. 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 $1,097 per person to our city and in 2021 it will be $1,152 (2020 dollars).   Although not too far above the 2005 level,  tax per capita was as low as $990 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 2019 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, yet there is reason to believe the BEBR population estimates have missed some of the city’s growth (see below).  If the numbers are adjusted to match the growth in voter registrations since 2016 for example, the curve is much 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.

Renaming City Hall, Potential Tax Hike, and More

Many disparate subjects were covered in the July 16 City Council Meeting. A quick summary can be found in the Palm Beach Post’s “Gardens council caps property tax rate at last year’s level… what it means for your taxes”    All Resolutions and Ordinances were passed 5:0.

Please note that at the end of the meeting, Mayor Woods suggested and the Council voted to start future monthly City Council Meetings (and special meetings such as the bi-monthly budget workshops in September) at 6 PM.

Additional items not covered in the Palm Beach Post article and comments:

• Supervisor of Elections Wendy Sartory Link updated the Council on the upcoming elections. Over 300K vote by mail (VBM) ballots have been sent out so far. Every ballot is counted. VBM ballots received by Monday night as well as early voting results are posted at 7 right after the polls close on Tuesday. Those that arrive on Tuesday are counted with the rest of the election day results. VBM is postage prepaid; can be dropped off at the 4 SOE offices and also at any of the 18 early voting sites. Early voting is at 18 sites, from 10am-7pm on 8/3 – 8/16; wait times will be posted for early voting. Real time voter turn out is posted and updated every 15 minutes throughout the day – down to the precinct level. On Election day polls are open 7am-7 pm and one votes in one’s own precinct. Safety precautions will include: Temperatures will be taken of pollworkers and filling out health survey; masks, facial shields, gloves, hand sanitizer will be used. Voters will have to wear masks unless for a health reasons.  SOE will provide if don’t have masks. Voters will also be given single use pens and gloves for holding the stylus to sign in. There will be transparent shields between the inspectors and the voters and social distancing will be marked off. Ms Link also described the ‘Adopt a Precinct‘ program – where an organization can use their volunteers to staff a precinct, and use the money that would normally go to the poll-workers as a donation to their organization.
• City Manager Report:
  • City Manager Ferris gave an update on Covid-19 status as of Thursday July 16 – PBGMC had 35 covid cases, 53 beds available, 6 icu beds available and total of 4 deaths; Jupiter Medical Center had 30 cases; 68 beds available and 10 icu beds available with 23 deaths total;  of the 1449 residents in ALF/Nursing Homes there are 26 covid patients among 9 homes.
  • Charlotte Presensky.. Leisure Services Coordinator played a video entitled ‘we are parks and recreation’ celebrating what her team and the City does for the community in honor of Parks and Recreation Month.
  • Mayor Woods and Vice-Mayor Marino honored Candice Temple, Public Media Relations Manager and Madelyn Marconi for their work in creating the State of the City video presentation – which can be seen here.
• Proposed Millage for 2020/2021 and setting the date for the September Budget hearings: PBGWatch will do a more in-depth article prior to the September hearings.   But it needs to be noted that by holding the maximum Operational Millage flat at 5.55 for the last few years, the Council has been RAISING YOUR TAXES. Despite the political ‘device’ Vice-Mayor (and aspiring County Commissioner) Marino uses every time the budget is discussed by exclaiming that ‘we are lowering the millage and your taxes only go up because the value of your house went up’, taxes go up because the Council votes to raise them.  Taxes are the amount collected.  The City Council CAN VOTE TO LOWER THE TAX RATE – apparently a novel concept to all the recent Council Members other than Council Member Marciano, who has contemplated lowering millage in past years.
• Mayor Woods introduced Resolution 49, 2020 to name the City Hall, the Ronald M. Ferris Municipal Complex. He had Steve Mathison, Tom Kearnes (PGA Corridor), Noel Martinez (Palm Beach North CEO and President) and Tony Bedalla ( President – PBGYAA) lined up to offer their support. There was no advance notice nor opportunity for other Public Comment. See Iris Scheibl’s opinion piece – A Disturbing Trend.
• PBG Mobility Plan – While the two ordinances regarding changes made to existing documents to accommodate the City’s Mobility Plan were administrative in nature, Palm Beach County, represented by Khurshid Mohyuddin, Principal Planner, Transportation Planning Dept, made Public Comment objecting to the City’s Mobility Plan.

The next City Council Meeting will be on August 6th at 6 PM.

Next City Council Mtg on Thursday, July 16 at 7pm

The next Palm Beach Gardens City Council Meeting will be held on Thursday, July 16 at 7 pm. Highlights include a presentation by SOE Wendy Link, the setting of max millage for FY 2020/2021 annual budget, and approvals for Avenir related resolutions

Announcements/Presentations:

• Wendy Sartory Link – PBC Supervisor of Elections – Plans for the Upcoming Elections

Consent Agenda includes:

• Purchase Award – Janitorial Supplies and Chemicals – Piggyback/Access Contract for Parks and Public Facilities Dept – 2 yr contract with no option to renew – $210K
• Purchase Award – Renovation of Aquatic Complex (Main Pool) – Architectural Services – Openly competed – $196K
• Resolution 36, 2020 – Purchase Award – Lease of Golf Carts for Sandhill Crane Golf Club accessing an agreement awarded by the City of Kansas City, Missouri, under an OMNIA Partners Group Purchasing Organization Cooperative Agreement with Club Car, LLC and financed through Wells Fargo Financial Leasing, Inc. – Annual Lease Payments: $95,813.52 Total Cost (over 36 months): $394,984.00
• Resolution 38, 2020 – A partial abandonment of a 20-foot drainage easement along the east property line of 3551 Northlake Boulevard (west of the South Florida Blood Bank) to facilitate redevelopment of this vacant site. The subject parcel, 3551 Northlake Boulevard, is located in unincorporated Palm Beach County and has received approval from Palm Beach County to construct an Olive Garden and out parcel for a Chipotle restaurant.
• Resolution 42, 2020 – Setting the council mtg dates for September Budget Hearings to Sept 10 and Sept 24 respectively
• Resolution 48, 2020 – Approving Fee Agreement with Lohman Law Group, P.A. for City Attorney Legal Services. “Currently, the firm’s blended hourly rate for general representation is $220 per hour and $232.50 per hour for litigation and administrative hearings. Effective October 1, 2020, the firm will charge a blended hourly rate of $250.00 per hour for all legal services provided, except for bond work which is billed as a flat fee, negotiated prior to work commencing as issuers council. The blended hourly rate will be subject to a 3% annual increase, effective 10/1 each year.”

Public Hearings and Resolutions – New Business Includes:

• Ordinance 8, 2020 – First Reading – The subject petition is a City-initiated Comprehensive Plan Text Amendment to the Future Land Use, Transportation, Conservation, and Capital Improvements elements to provide internal consistency with the City’s Comprehensive Plan, Mobility Plan, and Mobility Fee. “On September 19, 2019, the City Council adopted Ordinance 19, 2019, amending Chapter 78 of the Land Development Code, Division 4, Citywide Impact Fees to incorporate the City’s Mobility Fee Schedule and related text changes, consistent with the City Mobility Fee Technical Report. With the adoption of Ordinance 16, 2019 and Ordinance 19, 2019, the City’s Comprehensive Plan is being amended to provide consistency with the adopted Mobility Plan and Mobility Fee.”
• Ordinance 9, 2020 – First Reading – A City-initiated request to amend various sections of Chapter 78 to provide consistency with the City’s adopted Mobility Plan and Mobility Fee.
• Resolution 40, 2020 – Avenir Master Signage Program Approval – “A request to approve a Master Signage Program for the Avenir Planned Community Development (PCD) that includes design and theming criteria for PCD entry feature signs, PCD wayfinding signs, residential pod entry signs, non-residential parcel ground signs, and other various community signs
• Resolution 44, 2020 – A request for a site plan amendment to approve an entry feature with guardhouse, architectural floorplans and elevations, typical lot landscaping, and a model home and sales center for Regency (Residential Pod 5, Site Plan #2) within the Avenir Planned Community Development (PCD)
• Resolution 30, 2020 – Adopting a proposed maximum millage rate for the City of Palm Beach Gardens for FY 2020/2021 – The proposed operating millage rate for FY 2020/2021 is 5.550, which is equal to the current year rate. Once the tentative millage is filed with the County, these rates can be lowered at the budget hearings, but they cannot be increased.

Please check the agenda for any changes or additions prior to the meeting.

Council Moves to Assist Residents Impacted by Covid-19

The City Council once again conducted the May meeting via Zoom – with Mayor Woods, Vice Mayor Marino, Council Members Marciano and Reed in attendance but socially distanced in chambers, and Council Member Litt via videoconference. Unlike last month, we were unable to determine whether there were any physical presentations as there was no split screen either on the Youtube or Livestream recordings of the meeting. (We hope that in June, split screens will resume – otherwise this may well simply have been an audio recording).

Presentations – Michael Futterman of Marcum LLC spoke to the external audit of the Comprehensive Annual Financial Report (CAFR) for 2019 – the CAFR (including the auditors’ summary on pages 1-3) can be found here.

Mayor Woods initiated a change, approved by the Council, to move Items of Resident Interest and Board Committee Reports, to the end of City Council Meeting Agendas every month. He’d received feedback from business attendees concerned that they have to sit through 45 minutes of reports while waiting for the business for which they came to being. (PBG Watch has always been for moving this portion of the meeting to the end, and former Council Member Lane, when he made a similar proposal in May 2017 to move both this section and City Manager’s Report to the end, was soundly rebuffed by then Mayor Marino and City Manager Ferris – see New Council Asserts Itself 

Resolution 37, 2020 was added at the beginning of the meeting and is entitled “Creating the Economic Recovery Act ‎(ERA)‎ Grant Fund”. City Manager Ferris described the intent, the procedures and the joint effort with Palm Beach North Chamber of Commerce, PGA Corridor, Palm Beach Chamber of Commerce and staff to brainstorm and come up with both the Palm Beach Gardens Small Business Relief Fund  and the Palm Beach Gardens Unemployed Resident Fund.  Both are intended to provide assistance to those who are suffering as a result of the Covid-19 shut-down and who have not qualified for other relief (such as the federal PPP). The $1.3 million for the grants are funded directly from the City’s budgeted Economic Development Fund (which will have a balance of $1 million remaining). See the Palm Beach Post coverage of the press conference that announced the effort last Friday, May 8, here.  There were further comments and discussion and the Council agreed to move to the Resolution immediately after the City Manager report and it was passed 5:0.

The Consent Agenda passed 5:0 after Council Member Litt requested that Resolution 31, 2020 Amending the Procedures for Quasi-Judicial Hearings and Ex Parte Disclosures be pulled from Consent; and Vice Mayor Marino pulled item S – Proclaiming Municipal Clerks Week. Resolution 31 resulted in a lot of discussion. Section B of the attachment formalized changes that were simply updates, as explained by City Attorney Max Lohman. However Section A 1 and 2 were new and were viewed as limiting and problematic by Litt and Marciano.

Section A 1 and 2 are as follows:

A. Pre-Hearing Procedures
1. All discussions between a Councilmember and an applicant or applicant’s representative about development proposals shall be held in the presence of the City’s professional staff.
2. Information about any private written, telephonic, or electronic communication received by a Councilmember about a development proposal shall be forwarded to the City Manager for inclusion in the official file in the Planning and Zoning Department.

The final motion was to pass Section B of the resolution, and Section A could be modified and discussed at a future Council Meeting to alleviate concerns but to still provide for the transparency that the City Manager and Attorney were trying to accomplish by the proposal. The final vote was 3:2 with members Woods and Marino objecting.

The proclamation was pulled in order for the Council to thank Clerk Snider for her service to the City.

Ordinance 4, 2020 (2nd reading and adoption of Land Development Regulations) and Resolution 17 – Reappointing members to the Budget Oversight Review Board – passed 5:0.

City Attorney Lohman said that due to Covid-19, the actions of the courts are moving at a glacial pace and Rustic Lakes and Sear related lawsuits were moving slowly.

Public Comment was made by resident Ed Dolezal – speaking about 5G technology. He has made comment on the topic before.

Next City Council Mtg on Thursday May 7 at 7pm

The next City Council meeting agenda doesn’t specify whether the protocol will be the same as in April; one can only assume that social distancing will be maintained in Council Chambers, the meeting will be streamed with minimum staff present and some of the Council attending via video conference. The agenda is a light one.

(In order to watch the meeting live or any past meeting as an archived video, one can always go to  Livestream.)

Announcements/Presentations: FY 2019 Comprehensive Annual Financial Report (CAFR)

Consent Agenda:

• Purchase Award: Annual Asphalt Milling and Resurfacing (2020), Piggyback/Access Contract, no option to renew, $394K
• Purchase Award: Renovation of Fire Rescue Station No. 1, openly competed, no option to renew, $462K
• Purchase Award: Construction of Fuel Stations, openly competed, $243K, description: The City owns property at 3704 Burns Road that is being converted to a new Logistics Center. The location also houses the main fuel station for City vehicles. Funds have been budgeted to upgrade the facility, and part of those plans involve renovating the existing fueling station. The current station has its dispenser on the outside of the property. The plan is to construct a new fuel station inside the property, with new dispensers, utilizing the existing underground tank. The City recently completed the construction of a new Operations Center at 4050 Johnson Dairy Road. Part of the development plans for this location is the construction of an above-ground tank for diesel fueling.
• Purchase Award: Emergency Operations Center Roof Restoration Project, Piggyback/Access Contract, no option to renew, $117K
• Purchase Award: Lease of Multifunction Copiers and Printers, Piggyback/Access Contract through June 30, 2022, $180K
• Purchase Award: Ancillary Health Benefit Plans – Dental Insurance & Employee Assistance Program, openly competed, 3 yr contract with option to renew for another 3 yrs, $30K/year.
• Resolution 27, 2020: Approving the Costco Wholesale Club Planned Unit Development plat. The proposed plat is consistent with the approved PUD plan for the project. Staff is recommending approval.
• Resolution 28, 2020: Downtown Palm Beach Gardens – A request by Excel Gardens LLC to exceed the maximum number of special events permitted by Section 78-187 of the City’s Code. Summary: The maximum permitted by the City of Palm Beach Gardens Code Section 78-187 for commercial/office plazas with 11 tenants or more is 12 special events per calendar year. This request is effectively increasing the number of special events per calendar year by 24, for a possible total of 36 special events.
• Resolution 31, 2020: Amending the Procedures for Quasi-Judicial Hearings and Ex Parte Disclosures. Background: The City Council is required by law to conduct certain development petition public hearings quasi-judicially. These hearings require the City Council to base its decision on the evidence contained in the record of the proceeding, which consists of the testimony adduced at the hearing and on the material contained in the official file of the City. Procedures have been developed to ensure that the City Council quasi-judicial hearings are conducted in accordance with the law. The City Council has determined that it is appropriate to incorporate additional disclosure requirements into the review process preceding a quasi-judicial public hearing. See Attachment A in the resolution for changes to the procedures.

Public Hearings and Resolutions

• Ordinance 4, 2020: Amendment to the City’s Land Development Regulations – Second and Final Hearing
• Resolution 17, 2020: Approving appointment of regular members to the Budget Oversight Review Board. For more details see the resolution.

Please check the agenda for any changes or additions prior to the meeting.

City Updates on Brightline, FEMA Extreme Flood Maps and Presentations Dominate Council Mtg

As expected, Second Hearing on all of  the listed ordinances and their associated resolutions, as well as the Consent Agenda, were passed 5:0.

During Items of Resident Interest, Vice Mayor Litt described a meeting with PB State College, where students voiced concerns about the existing bus routes which drop off them off across from the campus on PGA Blvd and also on Campus Drive, forcing 400-800 students to cross these busy and dangerous thoroughfares daily. The City and Palm Tran will work to help and solve the issue.

The City Manager report included:

• Virgin/Brightline Train Crossing Update – City Engineer Todd Engle described the upcoming crossing closures for construction. The closures will begin in May, be staggered and are scheduled to be completed by July 3. The tentative dates can be found in this Palm Beach Post article, and updates will be published on the City website and on the Brightline website as well.  The representatives of the railroad were asked about the old FEC railroad ties which are the source of a lot of resident complaints. It was not clear that any direct action would be taken by Brightline. The fiber optic lines and cable lines (for all providers) will be located on the east side of the tracks. The second line of tracks will be built on the west side – until Kyoto Gardens Drive, where they will switch to the east side.
• FEMA Extreme Flood Maps – Mr. Engle continued with a report on FEMA flood zones. In 2017 the maps were updated and all units in PB Gardens were removed from the requirement of flood insurance. But in 2014 FEMA began a project to assess extreme floods – ‘500’ year floods where a worst case scenario with a ‘perfect storm’, king tides and other adverse conditions happen simulteously. In a recent public meeting on their new maps, 305 units in the City would once again would require flood insurance if there were mortgages on those units. The areas that would be affected are in Marina Gardens, Harbour Oaks, Nature’s Hideaway, The Meadows mobile homes and one road in Prosperity Oaks. The City will continue to monitor and be involved with the map changes, which will probably take several years to be approved.
• Litigation: City Attorney Max Lohman gave an update on the four different lawsuits brought forward by resident Sid Dinerstein on the City Charter.  Lohman wanted to address what he considered to be misinformation being spread on the subject. He said that the total cost to the City was less than $100K (although at a standard commercial rate it would have amounted to $250K). While the City prevailed in the last lawsuit appeal at the 4th DCA, Mr. Dinerstein plans to appeal to the FL Supreme Court. While Mr. Lohman would love to go before the FL Supreme Court, he didn’t think it likely that they would take the case. He proclaimed that Sid was representing himself, not the people, and it was in fact he, the City Attorney, who represents the ‘people’ in these cases as they passed the various amendments. As to the expense of the claimant – Mr. Lohman said that he understood that the attorney representing Mr. Dinerstein was working pro bono – so any misinformation one hears about what it cost to bring forward the suit was a lie by someone. Council Member Lane praised the City Attorney’s defense at the 4th DCA, but also defended Mr. Dinerstein as having good intentions in bringing forth the law suits. Mr. Lohman said he would update the Council on the status of the ongoing lawsuits with Forbes and TransformCo (the new Sears) in private.

Public Comment:

• 211 Helpline – Patrice Schroeder of the 211 Helpline out of Lantana publicized 211 Awareness Week from February 11 – February 17. She pointed out that as a crisis hotline, calls to the Veteran’s Crisis line roll over to 211, and that they have Veterans that can take those calls.
• Palm Beach County Library – Doug Crane – Dept Director for Palm Beach County Library gave a brief update: all late fines were dropped last year – if a book is lost then the person must pay for the book; the libraries will be a key resource in the Census as each branch has wifi as well as computers where people can complete their census forms; as in the past, the libraries will serve as early voting locations in the March, August and November elections.
• PGA Corridor – Steve Mathison, representing the PGA Corridor, voiced the organization’s support of the City’s Mobility Plan and related actions.

Presentations included several charity related topics:

• The West Palm Beach Veterans’ Resource Center was presented with a check for $39,025.97 from the 2019 Mayor’s Veteran Golf Classic
• Closest to the Pin – Sandhill Crane’s Golf Club’s ‘Closest to the Pin’ for Charity is celebrating it’s first anniversary – donors give $5 collected at the golf course for the competition event for that month, and the winner receives 20% and the charity receives 80% of the proceeds.
• Police and Fire Rescue Foundation – In 2018, the Palm Beach Gardens Police Foundation’s mission was expanded to include the City’s Fire Rescue services whereupon the Palm Beach Gardens Police and Fire Rescue Foundation was formed.
• Operation 120 Inc – Empowering Female Veterans,  discussed the issues of female veterans and how they were often more reluctant to seek help than their male counterparts, because many times they are single parents and afraid that they could lose their children in the process. The organization has found acquired its first housing unit. See Operation120 for more information.

A discussion on a resolution regarding awareness and opposition to anti-semitism was postponed for more in-depth discussion next month.

Next City Council Meeting on Thursday Feb 6 at 7pm

The next Palm Beach Gardens City Council Meeting will be held on Thursday February 6th at 7 pm.

While the agenda appears to be quite lengthy – all of the Ordinances under Public Hearings are for 2nd Reading and Adoption,  (along with their associated companion Resolutions), and all the Ordinances passed with no opposition on 1st reading.

At the end of the agenda, under Items for Council Action/Discussion, is an item to Discuss A Request from the Americans Against Anti-Semitism for a Resolution by the City of Palm Beach Gardens to denounce the Boycott, Divestment and Sanctions Movement (BDS) as an anti-Semitic attempt to delegitimize Israel.

Unrelated to the February Agenda – along with the Presidential Preference Primary to be held on March 17, 2020, Palm Beach Gardens will be having a Municipal Election for City Council Group 3.   PBG Watch has profiles of each of the two candidates along with their responses to questions posed to them. See more in March 17th Council Election – Candidate Profiles  and our Voters Guide.  Please VOTE!

Announcements and Presentations include:

• Mayors Veterans Check Presentation
• Update on the One Year Anniversary of the Closets to the Pin Charity Event
• Palm Beach Gardens Police and Fire Rescue Foundation Support of the Veteran’s Hospital
• Commission on Accreditation of Ambulance Services Award

Consent Agenda includes:

• Purchase Award – Replacement of Playground at Joe R. Russo Athletic Complex – Piggyback/Access contract with no option to renew – $133K
• Resolution 14, 2020: Conceptual Approval for Economic Development Incentives for “Project Greenacres.” – Conceptually approving economic development incentives for “Project Greenacres” to include local support for the State’s Qualified Targeted Industry Tax Refund Program and Expedited Permitting through the City’s Targeted Expedited Permitting Program. “UPDATE On January 9, 2020, the City Council of the City of Palm Beach Gardens adopted Resolution 9, 2020, that granted conceptual approval for economic incentives for “Project Greenacres” to include local support for the State’s Qualified Targeted Industry Tax Refund Program of $30,000 and expedited permitting through the City’s Targeted Expedited Permitting Program. Since the adoption of Resolution 9, 2020, the Florida Department of Economic Opportunity (DEO) has finished its review of the proposal and is recommending an award of $7,000 per job. This award will increase the City’s local support match of 20 percent to $43,400. Staff continues to recommend approval based on the DEO recommended award. If approved, an economic development agreement will be brought to the City Council for final approval.

Public Hearings of the Ordinances are itemized on the agenda.

Please check the agenda for any changes or additions prior to the meeting.

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