Next PBG City Council on Thursday 11/3 at 6pm

The next City Council Meeting will be held in City Hall on Thursday, November 3rd at 6pm. You can watch it livestreaming either during or after the meeting, if you are unable to attend.

Announcements and Presentations include:

• Recognition of PB North Chamber of Commerce
• Partnership Presentations from the PBC Sports Commission and Cressey Sports Performance

Consent Agenda includes:

• Resolution 57, 2022 – Select a date for the January 2023 regular City Council meeting – Thurs Jan 12, 2023
• Resolution 73. 2022 – Authorizing the Mayor to execute any and all documents deemed necessary to abandon an ingress/egress easement.
• Resolution 75, 2022 – Consideration for Approval: A Resolution approving the plat for Avenir — Pod 15 within the Avenir Planned Community Development (PCB).
• Resolution 77, 2022 – Agreement with the Palm Beach County Supervisor of Elections (SOE) for Vote Processing Equipment Use and Election Services Agreement – (note – regarding March Municipal Elections – currently the candidates for Groups 1,3,5 have no opponents which would deem them automatically elected after deadlines have passed)
• Resolution 78, 2022 – Appoint the Supervisor of Elections as the single canvassing board for the March 14, 2023, Municipal Election.
• Purchase Award – Facilities Management Contractors Program – Openly Competed – 5 year contract with option to renew for 5 years – $10 million – “This Agreement will establish a pool of contractors that will provide facilities management services on an as needed basis to the City.”

Public Hearings and Resolutions – New Business

• Resolution 65, 2022 – Site Plan Amendment for the Frenchman’s Creek Clubhouse and Recreation Site – A request by Frenchman’s Creek, Inc. to construct a new 93,155-square-foot clubhouse building and parking lot, and reconfiguration of sport courts within the Frenchman’s Creek Planned Community Development (PCD).
• Resolution 66, 2022 – Site Plan approval for a 250-unit residential townhome subdivision within the Town Center District (Parcel B) of the Avenir Planned Community Development (PCD)
• Resolution 67, 2022 – Site Plan approval for a 144-lot single-family subdivision within Parcel A (Pod 20) of the Avenir Planned Community Development (PCD)
• Resolution 79, 2022 – Operation Sister City — City of Wauchula, Florida.

For Second Reading and Adoption:

• Ordinance 9, 2022 – Amending Chapter 74. Utilities. by repealing Article IV. Water Shortage Regulations in its entirety and readopting Article IV. as revised and with new “landscape Irrigation Conservation Regulations,” to provide far local implementation of the mandatory year-round landscape Irrigation Conservation Measures Rules of the South Florida Water Management District
• Ordinance 10, 2022 – Amendment to the City’s Land Development Regulations, Chapter 78, to create the Transit Oriented Development (TOD) Overlay District.
• Ordinance 11, 2022 – A City-initiated request to amend Chapter 78 – Land Development, Article III — Development Review Procedures, Section 78-54 — Public Notice, Table 4: Required Public Notice to be consistent with the City’s Charter and State Statutes and to allow first-class mailing for all petition types
• Ordinance 12. 2022 – Amending Chapter 66. Taxation. at Article VI. Economic Development Ad Valorem Tax Exemption by repealing Section 66-310. Sunset provision. and readopting same, as revised, to renew the City Council’s authority to grant Property Tax Exemptions to certain qualified businesses pursuant to state law and the City.
• Ordinance 13, 2022 – Amending Chapter 2. Administration by repealing Section 2-294. — Bidding threshold., and readopting same, as revised, in order to amend certain purchasing limits and remove certain reference to state law. (See our summary from the October City Council Mtg.)
• Ordinance 14, 2022 – Amending the City of Palm Beach Gardens Budget for the Fiscal Year Beginning October 1, 2021 and ending September 30, 2022.

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

Northlake Fiasco and Is $1 Million a Lot to You?

Much of the very long October 6th PBG City Council meeting was spent discussing Palm Beach County’s Five Year Road Plan – which was on the City Manager portion of the agenda. Included in the plan is a proposed $500k to study widening Northlake Boulevard to 8 lanes. Several people made public comment, Sal Faso, President of NCNC spoke on behalf of several organizations and communities as well. All were in agreement that widening Northlake, and wasting $500k tax dollars and studying it was a non-starter. Joel Engelhardt of Ongardens wrote an in-depth piece covering the proposal and discussion entitled “Northlake widening study pits county vs city. Again.”

Vice Mayor Litt pulled Resolution 64, 2022 from the Consent agenda and the Council had considerable discussion on whether the report “Review of 2022 Key Strategies and Initiatives” from PFM Group Consulting LLC, which had been the subject of the August 17 Workshop, should be adopted as a Council Strategic Plan. Interestingly – none on the Council had input to the report, nor did any residents or other interested parties and the data used was about two years old as the study was delayed due to Covid. Nevertheless, after discussion – the report was adopted by the Council 5:0. The report was in the Resolution and can also be found here.

First Reading of Ordinance 13, 2022  raising the threshold for purchasing limits not needing Council Approval from the current $65K to .5% of the City Budget or $1 Million had a lot of discussion. Km! Ra, Purchasing Director, City Manager Ferris and City Attorney Max Lohman were very much in favor of the move as were Mayor Reed and Council Member Woods. Council Member Tinsley was very much against the move, Council Member Marciano had some trepidations and Vice Mayor Litt was searching for a compromise that might keep transparency in the process. Km! Ra’s primary argument was that in Purchasing ‘best practices’ if a line item budget has already been approved by a council, there is not further need for approval by that council in the implementation of that budget; his ideal situation would be to not have any limits but suggested that the .05% or roughly $1 million would be a “baby step” in the direction of this “progressive ideal.”  See the discussion here.  On first reading the vote was 4:1 with Tinsley opposed. 

PBG Watch is also opposed and here are key points why stated in an email to Council on Oct 12:

You are the elected officials given the public’s authority and trust – not the City Manager and Purchasing Department.

Consider:

• You perhaps were not given a thorough answer to the question – what are thresholds requiring board/council approval in other municipalities?  All of the following have larger populations and budgets than does PBG.   
  • PBC limit is $200K – (see code here)
  • Boca Raton limit is $100K – (see code here)
  • Boynton Beach limit is $100K – (see recent ordinance here)
  • Delray Beach limit is $65K – (see code here)
  • Jupiter limit is $50K – (see code here)
• 20 points on 200 points criteria for purchasing organization excellence awards’ is not a reason to make a significant policy change
• One of the cited issues was speed of action to obtain approvals.  Rather than ceding your responsibility and authority to the administration – perhaps you should consider ways to speed the approval process:
  • Have more frequent meetings?
  • Have an email and/or online or zoom way to obtain your approvals meeting sunshine and notification,  to proceed
  • Rather than providing an informational list of upcoming bids (as was suggested by one of you at your meeting) – perhaps have the quarterly list of upcoming bids for you to pre-approve threshold-wise with your votes.
• While you may have utmost confidence in the current position holders in purchasing and City Manager at this time – they will not always be the holders of these positions nor will you be on the council.  Yes – you are setting policy and one council person’s glib answer about ‘if you don’t like what the City Manager is doing – just fire him’ is not policy!
• Inflation is clearly here – but rather than set a ‘baby-step’ of $1 million dollars – adjusting the $65K upward is clearly needed – but not 15x in one step and not as a blanket policy.

Also on the agenda:

• Recognition of Jim McCarten’s retirement as General Manager of the Gardens Mall and his contributions to the community over the last 33 years
• Consent Agenda passed 5:0
• City Manager report, beside Northlake Blvd Widening Study covered a short summary of the assistance our Fire/Rescue and Police Departments are providing to the hard hit communities due to Hurricane Ian, and in November the Council will hear from Scipps and Jupiter Medical Center for future plans for a research hospital on the Briger tract.
• All other Ordinances and Resolutions passed 5:0 and there was no City Attorney Report.

Next PBG City Council Mtg on Oct 6 at 6pm

The next City Council Meeting will be held in City Hall on Thursday, October 6th at 6pm. You can watch it livestreaming either during or after the meeting, if you are unable to attend.

Announcements and Presentations include:

• Honoring Jim McCarten for his service to the community
• Agreement Allowing Pedestrian Crossing Rapid Flashing Beacon Signs – this corresponds to Resolution 63, 2022 on the Consent Agenda “Approving the Local Agency Program Agreement with the Florida Department of Transportation (FDOT) for the construction of activated in-ground rectangular rapid flashing beacons, flash warning and static regulatory signs at twelve (12) existing school/pedestrian crossings at various locations in the City in the amount of $525,845.00,”

City Manager Report lists as a subject Palm Beach County’s Five-Year Road Program

Consent Agenda Includes:

• Resolution 53, 2022 – Downtown Palm Beach Gardens Miscellaneous Amendment Consideration for Approval: A request for approval to modify Condition of Approval Number 83 in Resolution 42, 2021 for Downtown Palm Beach Gardens within the Regional Center Planned Community Development (PCD).  Applicant requests an amendment to Resolution 42, 2021 to modify Conditions of Approval Nos. 83.c and 83.d regarding surety requirements for traffic improvements, if determined to be warranted by Applicant’s traffic monitoring. The modifications will clarify the timeframes of the traffic monitoring and when the surety must be posted.
• Resolution 56, 2022 – Lease Purchase of Three Medium Duty Ambulances for the Fire Rescue Department from South Florida Emergency Vehicles, LLC, under a Contract with Sourcewell Group Purchasing Organization Cooperative Purchasing Program and Leasing 2, Inc., for a period of seven years. Total contract price: $2,2 million with 7 annual payments of 310K.
• Resolution 59, 2022 – Declare the results of the August 23, 2022, Primary Election, Authorization to Grant Economic Property Tax Exemptions in accordance with the State Constitution.
• Resolution 60, 2022 – Consideration for Approval: A Resolution approving the plat for Panther National at Avenir Pod 12 within the Avenir Planned Community Development (PCD)
• Resolution 63, 2022 – referenced above during Announcements and Presentations
• Resolution 64, 2022 – During the August 17, 2022, Council Workshop, City Council directed staff to bring the PFM Report back at a later Council Meeting to consider adopting the report as a Council Strategic Plan that will help streamline a vision for the City’s future. With a majority affirmative vote by City Council, Resolution 64, 2022 will be approved and adopted.
• Resolution 68 and 69, 2022 – Special Warranty Deeds to transfer certain surplus real property as described in the Special Warranty Deeds…The City acquired ownership in two strips of land abutting the east and west sides of Gardens Glen Circle via a County Deed issued by Palm Beach County on December 5, 2000. The subject strips of land are not used by the City, are surplus property, and only serve as buffers for the Gardens Glen right-of-way, which the City expends tax -payer dollars to maintain. As a result of negotiations, the property owners, David J. Levy and Vincent and Lesii McLaren have agreed to accept the land described in the Special Warranty Deeds, subject to certain deed restrictions.
• Purchase Award – Bleacher Covers for Lake Catherine Sports Complex – Piggyback/Access Contract – total contract value $150K
• Purchase Award – Transportation Services – Openly Competed – 5 Year term – $405.5K with no option to renew

Public Hearings- Ordinance/Resolutions:

• Ordinance 10, 2022 – A City -initiated amendment to the City’s Land Development Regulations, Chapter 78, to create the Transit Oriented Development (TOD) Overlay District. Background: The City accepted a Transit Oriented Development (TOD) Master Plan prepared by the Treasure Coast Regional Planning Council in 2018 with key recommendations for the implementation of TOD elements including Comprehensive Plan amendments and Land Development Regulations (LDR) amendments. The Comprehensive Plan amendments were adopted on September 10, 2020, with the adoption of Ordinance 10, 2020. This LDR amendment implements the provisions of the Comprehensive Plan amendments contained in Ordinance 10, 2020.
• Ordinance 11, 2022 – A City-initiated request to amend Chapter 78 – Land Development, Article III — Development Review Procedures, Section 78-54 — Public Notice, Table 4: Required Public Notice to be consistent with the City’s Charter and State Statutes and to allow first-class mailing for all petition types.
• Ordinance 12, 2022 – Amending Chapter 66. Taxation. at Article VI. Economic Development Ad Valorem Tax Exemption by repealing Section 66-310, Sunset provision. and readopting same, as revised, to renew the City Council’s authority to grant Property Tax Exemptions to certain qualified businesses pursuant to state law and the City.
• Ordinance 13, 2022 – Amending Chapter 2. Administration by repealing Section 2-294. — Bidding threshold., and readopting same, as revised, in order to amend certain purchasing limits and remove certain reference to state law.
• Ordinance 14, 2022 – Amending the City of Palm Beach Gardens Budget for the fiscal Year Beginning October 1, 2021 and ending September 30, 2022.
• Resolution 58, 2022 – Master Site Plan Amendment to the Panther National Master Plan Public Hearing and Consideration for Approval: A request by Centaur (Palm Beach) Owner, LLC for a master site plan amendment to the Panther National Master Plan to add 24 dwelling units and modify the boundary of the maintenance area within the lifestyle center parcel. The subject site is approximately 391 acres and is located in the northwestern portion of the development area within the Avenir Planned Community Development (PCD).
• Resolution 49, 2022 – Appointment of Regular Members and Alternate Members to the Art in Public Places (AIPP) Advisory Board.
• Resolution 50, 2022 – Appointment of Regular and Alternate Members to the Parks and Recreation Advisory Board.
• Resolution 51, 2022 – Appointment of Regular and Alternate Members to the Planning, Zoning, and Appeals Board.

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