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.

A Disturbing Trend

Over the last 3 months, Mayor Woods has introduced several new agenda items at the beginning of the City Council meetings that have NOT been publicly noticed, nor has the Public had an opportunity to provide Comment – other than those members of the Public he specifically invited to speak in support of his proposals. This is a disturbing practice and should be stopped.

Since being selected Mayor by the Council in April 2020, Carl Woods has done things a little differently. That’s not necessarily bad. We were happy when one of his first actions was to move Items of Resident Interest and Board Committee Reports, to the end of City Council Meeting agendas every month.

When Resolution 37, 2020 was added at the beginning of the May, 2020 meeting entitled “Creating the Economic Recovery Act ‎(ERA)‎ Grant Fund” establishing the Small Business Relief Fund and the Unemployed Resident Fund, it was clear that the North County Chamber, together with the PGA Corridor and the City Manager wanted to act fast to help those impacted by the current shutdown. The Public was NOT able to see these proposals in advance, but fast action seemed appropriate. And the proposal was the work output of the presenters.

A last-minute agenda item was added at the June, 2020 meeting – Resolution 45, 2020 – the creation of the Food Services Stabilization Fund under the City’s existing $1 million Economic Recovery Act. And once again the Public was NOT able to see the proposal in advance – and again – one could overlook the fact that speakers were lined up by the Mayor – PGA Corridor and North County Chamber – if anyone else had an issue with or support for the proposals – there would have been no opportunity for them to have any advance knowledge. But time was of the essence.

But in last week’s July, 2020 meeting – Mayor Woods ‘struck again’ – having City Attorney Lohman draw up in advance Resolution 49, 2020 to name City Hall the Ronald M Ferris Municipal Complex. This was NOT publicly noticed, not seen by the remainder of the Council prior to introduction, and once again Woods orchestrated developers and civic leaders to speak on behalf of his proposal. There was no need to rush, there was no need to leave the public out of the discussion, and no opportunity for anyone to object – had there been objections. Mayor Woods, during the same meeting, once again quoting ‘unheard’ support by the business community and public, introduced a proposal to move the City Council Meetings to 6pm. The motion was introduced, and passed with no Public input.

These actions are legal (see a long standing FL Atty General Advisory Legal Opinion written by then FL AG Charlie Crist. However there is a trend by our Mayor to flaunt the intent of Sunshine laws when in the same opinion it was written:

“The purpose of the notice requirement of the Sunshine Law is “to apprise the public of the pendency of matters that might affect their rights, afford them the opportunity to appear and present their views, and afford them a reasonable time to make an appearance if they wished.”[17] In the spirit of the Sunshine Law, the city commission should be sensitive to the community’s concerns that it be allowed advance notice and, therefore, meaningful participation on controversial issues coming before the commission.”

Perhaps Mayor Woods is unaware of such sensitivities – but especially in light of the current situation in which the Public may not be able to be present at the current Council Meetings and it may take longer to submit public comment in advance, springing un-noticed business on both the Council and Public is unwarranted and presents an unwelcome trend.

Please desist!

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 Approves Downtown Palm Beach Gardens ‘In Place’

The sole subject of the June 25 Special City Council meeting was Resolution 43, 2020 – to approve major changes for the “in place” portion of Downtown Palm Beach Gardens (aka Downtown at the Gardens). The resolution passed 5:0.

The applicant’s presentation was followed by a staff presentation. There was only public comment by one resident – Antionette Mauro, who lives in The Landmark. She voiced concerns that residents of the Landmark were led to believe that the carousel was going to be removed; when in fact it’s going to be moved even closer to their residence. Its new location would change the nature of that part of the lake from a meeting place and a serene space to an area with kids and an amusement ride.

The Council was convinced by staff’s assurance that the carousel must operate within city’s sound code limits and must stop at 8 pm during the week and at 9:30 pm on weekends with lights turned off at that time. The ‘choo-choo’ train is no more. The Council’s safety concerns about children running into the roadway to get to the carousel were also satisfied by the narrowing of the road and flashing signs at the crosswalks.

See photographs and other coverage of the plans at the Palm Beach Post article “New Downtown Palm Beach Gardens plans include interactive water feature for relocated carousel”.