Martino: “Gardens Outhouse” at Lake Catherine Park

MacArthur Boulevard in southeast Palm Beach Gardens is one of the most pleasant, peaceful, and attractively landscaped roads in the City. It is designed with traffic calming as one of its primary goals. The taming of vehicular movements is produced and enhanced by MacArthur Boulevard’s narrow lanes, selective on-street parking, signaled pedestrian cobbled and colored crosswalks, and its meandering median. MacArthur Boulevard’s beautifully landscaped median divides a roadway lined with gorgeous 25-year old oak trees in the landscaped swales guarding, hovering, and shading over pedestrian walkways, particularly, on the west side. It is home to the famous John D. MacArthur Banyan Tree on its south end, the Lake Catherine Sports Complex on the southeast streetscape next to Howell Watkins Middle School campus as the school meanders to the northeast. On the west side moving north from the Banyan Tree is the smart landscaping of a commercial property followed by the equally attractive streetscape of the Lake Catherine housing development. Continuing north one encounters the crown jewel of MacArthur Boulevard, the passively beautiful Lake Catherine Park with its gorgeous lake, tree lined walking path, Palm Beach Gardens Women’s Club Honor Park tree preserve, and other aesthetically pleasing fauna and passive amenities.

However, all of the above has recently been disrupted by what, in my opinion, was and is a callous and unforgivable decision by the City. Without notice or justification to the Public and without discussion at an advertised regular City Council meeting, the City has erected a glorified “outhouse” in the Lake Catherine Park. Further compounding the disrupting decision was the poorly selected location fronting and facing onto MacArthur Boulevard acting as an advertisement for offsite customers. To accommodate the “Gardens Outhouse”, and without regard for the streetscape and environment of MacArthur Boulevard and Lake Catherine Park, the City continued its uncaring and insensitive actions by shamefully cutting down to ground level two of the 25-year old Oak trees that umbrella the west pedestrian walkway and removing Park landscaping. From my perspective, these are thoughtless acts that have irreparably harmed the serenity of Lake Catherine Park and the tranquility of the surrounding neighborhood.

What other courses of action were available to the City one might ask? Well, if for some reason there was a public outcry for rest room facilities at Lake Catherine Park, which to my knowledge there was none, the City should have publicly noticed the Park property of its intentions and held an advertised City Council meeting to allow for neighborhood comment, discussion, and understanding. The City could have continued to honor the long standing commitments that were made by past City Councils not to have any buildings, facilities, or active recreational equipment or offerings that would affect the native passivity and peacefulness of Lake Catherine Park. Further, Lake Catherine Park is a fairly large park with more unobtrusive areas that should have been considered other than the poorly chosen ultimate location. Finally, if this facility was vital to the success of Lake Catherine Park at this location, which again in my humble opinion it is not, simply facing the entrances and water fountains of the facility to the interior of the park rather than to MacArthur Boulevard would have been a much more palatable choice.

It is my observation that in the last decade or so the City Council has methodically reduced its meetings with Gardens residents which has created transparency issues. An unhealthy communication problem has reared its ugly head. It is exacerbated when only one regularly advertised City Council meeting per month is held. This lack of transparency and communication has produced a list of serious breaches of confidence with the residents over the years. The “Gardens Outhouse” at Lake Catherine Park is the latest.

 

Next City Council Mtg on Thurs. Oct 1 at 6pm

The October City Council meeting has a very light agenda. There are no Announcements or Presentations listed at this time.

Public Hearings and Resolutions:

• Resolution 55, 2020 – Appointment of Regular Members to the Art in Public Places (AIPP) Advisory Board.
• Resolution 56, 2020 – Appointment of Regular and Alternate Members to the Parks and Recreation Advisory Board.
• Resolution 57, 2020 – Appointment of Regular and Alternate Members to the Planning, Zoning, and Appeals Board.

The Consent Agenda includes:

• Purchase Award – Facilities Maintenance Support – Plumbing Services – Openly competed – 5 year contract w no option to renew – $200K
• Purchase Award – Emergency Repairs to Alternate AlA Roadway at Promenade Plaza – Openly competed – $73K
• Purchase Award – Roof Replacement for Fire Rescue No. 4 – Piggyback/Access Contract – No option to renew – $211K
• Resolution 60, 2020 – Purchase agreement with NetMotion for Virtual Private Network (VPN) software. – $26,490.00 FY2021, $68,544.00 Subsequent Fiscal Years (Payments – 3 years) – total cost – $95,034.00. Background: “The City currently uses NetMotion Mobility software to meet the FDLE requirement. In the past, the City has paid for this service annually with a 3 percent increase each year. NetMotion has offered to lock in pricing (no annual increase) if the City signs a three-year agreement. This will result in a savings of approximately $3,000.”

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

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.