Next City Council Mtg on Jan 10 at 7pm

Public Hearings and Resolutions (not in order):

• Ordinance 1, 2019 – An amendment to the Fiscal Year 2018/19 budget to adjust fund balance carryovers to actual amounts; re-appropriate amounts committed from the FY 2017/2018 budget for outstanding purchase orders and open projects; and for other purposes.   This is done every year – however this is also where ‘interesting’ uses are found for the General Budget Stabilization Reserves, such as a transfer of $1,600,000 from the Budget Stabilization Reserve Account to construct a Fire Training Tower located at the Public Safety Training Center on Richard Road. There is also the comment: “It is important to note that the International Association of Firefighters (IAFF) contract is currently under negotiation and the Police Benevolent Association (PBA) contract will be negotiated in early 2019. The ultimate cost of these agreements could materially affect the balance in the Budget Stabilization Reserve. In addition, the balance in Unassigned Reserves does not reflect any potential settlement cost related to the Sears litigation; any such cost could significantly impact this balance.” Read the details here. 
• Resolution 3, 2019 –  A request for Site Plan approval for 416 single-family dwelling units within Parcels A-1, A-2, A-3 and A-4 of the Avenir Planned Community Development (PCD). The subject site is approximately 230.49 acres and is located in the southeast portion of the Avenir PCD. Each individual parcel is a separate gated neighborhood with access from Spine Road #4 with separate recreation and open space amenities. 
• Resolution 4, 2019 – A request for a Miscellaneous petition to approve building identification signage for the Divosta Towers project within the Gardens Corporate Center Planned Unit Development (PUD). The Gardens Corporate Center is located on the northeast corner of PGA Boulevard (PGA Bypass) and Alternate A1A
• Ordinance 26, 2018 – Second Reading and Adoption of a request for a Voluntary Annexation of two segments of the Northlake Boulevard Rights-of-Way totaling 23.48 acres, more or less, located between Grapeview Boulevard and Avocado Boulevard and between 130th Avenue North and 120th Avenue North west of the Sandhill Crane Municipal Golf Course, from Palm Beach County

Items for Council Action/Discussion:   

• None listed

Check the agenda to see if any additional items have been added before the meeting here.

More Development; City Coffers up $10+ Million; Actual Workforce Housing – ZIP!

The topic of Workforce Housing received the bulk of the discussion at the December 6th City Council Meeting, coupled with the addition of new development projects.

New Development and Workforce Housing:

Arcadia Gardens, on the Amara Shrine Center site on RCA Blvd. will be an Independent Living facility of 163 units. See the Palm Beach Post description here.   Resident Peter Banting expressed concern that RCA Blvd is a 2 lane road, and that there will be safety issues with the addition of the property. Staff acknowledged that the road is owned by the County, and when the project is further along they will be able to work with the county for improvements. Part of the developers’ proposal included over $500K to be provided to the City for workforce housing.

Alton submitted amendments to Parcel F – which previously was going to contain an 8+acre park, to instead build an additional 56 townhomes and a 4.49 acre community park, justifying that the modifications due to the proximity of the new North County District Park.

Avenir together with staff, presented their proposal to provide $10 million now in lieu of providing 250 townhomes priced as workforce housing sometime in the future.  The 250 units will still be built but priced at market.  The rationale provided was to give the City money now to enhance the Burns Rd Recreation Center with $5 million – which Rosa Schechter (of Avenir Holdings) described as the ‘Ying and Yang‘ of workforce housing;  

and use the other $5+ million to develop a strategy and solution some time in the next year or so, for providing a central core in the city. The $5.5 million (Avenir plus Arcadia Gardens contributons) would be the start of a fund to help implement a future solution. So actual ‘workforce housing’ remains elusive – not just in the Gardens, but in other cities who discuss the need, make plans but so far have failed to actually execute. See:  Avenir Can Provide $10 Million Instead of Including Workforce Housing for points made during the discussion.

Summarizing the other agenda items:

• Operation Sister City – next deployment of gifts for children took place on 12/10.  Sponsors were recognized
• Governor Rick Scott awarded Palm Beach Gardens Officers Robert Ayala and Rafael Guadalupe the Governor’s Medal of Heroism 
• Mayor’s Veterans Golf Tournament raised over $33K for the Veterans Administration this year
• The Consent Agenda and all Ordinances and Resolutions on the Agenda were passed 5:0 with minimal discussion except for Arcadia Gardens and Avenir.
• City Attorney Lohman gave a brief update on upcoming legal actions:
  • 12/13/18 – Mediation for Sears Attorney Fees
  • 01/15/19 – Sid Dinerstein vs PBG et al lawsuit from March election
  • 02/11/19 – Motion for Summary Judgement – Sid Dinerstein vs PBG et al, lawsuit from August election

The January City Council meeting will be held on January 10, 2019.

Next City Council Meeting on Thursday Dec. 6th

• Resolution 70, 2018 – Three-year GIS Enterprise Agreement under its Small Enterprises Program for counties and municipal governments at a cost of $45,800 per year, with a total cost to the City of $137,400.
• Resolution 83/84 2018 – Providing a new fee schedule for bond issuance and approving the issuance of revenue bonds by the Capital Trust Agency for the Franklin Academy. 
• Purchase award:  Lease of Front-End Loader, Piggyback/Access contract for 3 years, no renewal for $108K
• Purchase award: Retrofit Sports Field Lighting at Plant Drive Park, Piggyback/Access contract for $133K
• Purchase award:  Electric Vehicle Charging Stations – Piggyback/Access contract for 5 years for $350K
• Purchase award:  Two new “Jaws of Life” extrication hydraulic cutters that will replace units that have reached the end of their useful life.- Piggyback/Access contract for $78K
• Purchase award:  Supply and Install Shop Equipment in Vehicle Maintenance Bays – Openly competed – $132K

City Manager Report:  Nothing listed

Public Hearings and Resolutions (not in order):

• Ordinance 26, 2018 – First reading – Voluntary Annexation of two segments of the Northlake Boulevard Rights-of-Way totaling 23.48 acres. Palm Beach County owns the segments and consented to annex them into the City through an lnterlocal Agreement.
• Ordinance 28/29, 2018 – First reading – Arcadia Gardens – land use designation change from Commercial to Residential High, and rezoning to allow the development of a 326-bed/163-unit Independent Living Facility (ILF) within two buildings on RCA Boulevard approximately 500 feet east of Alternate A1A.
• Resolutions 72/73, 2018 – Alton Parcel F – PCD and site plan amendments – The Applicant is modifying the Parcel F acreage back to slightly above the parcel’s original size, revising the configuration of the Master Plan drawing for Parcel F, Phase II, making minor acreage adjustments accordingly, and revising the 8.44-acre City park to be 4.49 acres.
• Resolution 78, 2018 – Ancient Tree – Pulte Home Company, LLC, is requesting approval of the 2.43-acre recreation parcel site plan, as required by Condition of Approval No. 4 of Resolution 76, 2016. The Applicant is also requesting minor modifications to certain Conditions of Approval and site and landscape plan changes.
• Resolution 85, 2018 – Alton Town Center Art in Public Places (AIPP) artwork proposals
• Resolution 86, 2018 – Divosta Towers (fka Gardens Corporate Center)  Art in Public Places (AIPP) – 2 waterwall fountains proposal
• Resolutions 87/81, 2018 – Avenir – Specifically, Conditions of Approval 37(c) and 63 of Resolution 4, 2016 address workforce housing within the Avenir PCD. Condition of Approval 63 required that 250 multifamily rental units be provided within the Town Center District. A minimum of 50 percent shall be provided at a maximum rental rate of 60 percent of the Area Median Income (AMI), and the other 50 percent shall be restricted to a maximum rental rate of 120 percent of the AMI.  The Workforce Housing Payment Agreement specifies that in lieu of the workforce housing a payment of $10 million be made to the City:  $5,000,000 will be used toward a comprehensive workforce housing program, and $5,000,000 will be used for improvements at the Burns Road Recreation Center.
• Resolution 82, 2018 – Avenir Development, LLC and Avenir Holdings, LLC are requesting approval of an Impact Fee Agreement (‘Agreement’) with the City of Palm Beach Gardens with regards to Avenir PCD’s parks and recreation impact fees. The Agreement establishes a process for the distribution of the project’s required parks and recreation impact fee credits. Specifically, in lieu of paying a portion of the City’s parks and recreation impact fees, the Applicant will dedicate 130 acres of land to the City of Palm Beach Gardens pursuant to Condition of Approval 16 of Resolution 4, 2016. Based on the criteria and evaluation process set forth in the City’s Code, a credit amount of $3,000,000 is being provided.  In addition, the Applicant has agreed to clear the dedicated 115-acre civic-recreation site.  The Applicant has agreed to a credit in the amount of $287,000. Therefore, the total impact fee credit is $3,287,000. 

Items for Council Action/Discussion:   

• None listed

Check the agenda to see if any additional items have been added before the meeting here.

Out with the Old, In with the New

The Nov 1, 2018 City Council meeting had a fairly short agenda and was lightly attended. Save the date, December 6 at 6PM however as the December agenda is already long and will begin an hour earlier.

The meeting began with a revenue-sharing check presentation by Solid Waste Authority in the amount of $739K for several years worth of recycling by Gardens’ residents and businesses. The representatives also wanted the public to know about “Celebrate America Recycles Day With the SWA!” Open House on Saturday November 17 from 8am to noon. Here are more details about this opportunity to know what happens when you recycle.  Interesting for children and adults alike!

Former Mayor David Levy gave his quarterly report as the City’s representative to the Loxahatchee River Management Coordinating Council, of which he is Secretary.

The City Manager’s report included:

• An update by Police Chief Clint Shannon:
  • on the Canine Training Facility shared with with neighboring agencies
  • Officers assisting with security in our local schools
  • Assistance provided to Mariana FL/Panama City after Hurricane Michael for 7 days
• Deputy City Manager Steve Stepp described Operation Sister City – where Gardens’ Police, Fire-Rescue and Public Works sent to trailers of equipment and supplies to Bay County and the City of Calloway. Also described were the efforts to provide donations by City employees and the public. See Operation Sister City for more information on how you can help.

The Council approved Resolution 67, 2018 – approving the site plan for a 469 single-home Age-Restricted subdivision on a 195 acre site in Avenir. They also approved the sale of the Burns Road Property for $3.8 Million to Stor-All Acquisitions LLC. The proceeds from the sale will be earmarked for use in the City’s capital improvement projects

All other items on the agenda were approved 5:0 with little discussion.

City Attorney Lohman gave a brief update on the two Sears lawsuits. Sears-1 is pending and the City added outside council in negotiating on attorneys’ fees. Sears-2 – since Sears has filed Chapter 11 there is much disruptiong at the company and theypaln to dismiss the case without prejudice so that it can still be refiled in the future…

Next City Council Mtg on Nov 1 at 7pm

• Resolution 41, 2018 – Lease of Two General Motors (GM) Minotour School Buses from Matthews Bus Alliance, Inc. that will be financed through Leasing 2, Inc. 5 year lease valued at $122K
• Resolution 65, 2018 –  Agreement with the Palm Beach County Supervisor of Elections (SOE) for Vote Processing Equipment Use and Election Services – contracting for the March 2019 Municipal Election
• Resolution 69, 2018 – Approve a Lease Agreement with the School Board of Palm Beach County for City purposes, including overflow parking for Mirasol Park and the Honda Classic Golf Tournament. 
• Resolution 75, 2018 –  Agreement between the City of Palm Beach Gardens and the Big Heart Brigade, Inc. for Use of Facilities and Provision of In-Kind Support Services in Implementing the Thanksgiving Feast Event. 
• Resolution 76, 2018 –  Appoint the Supervisor of Elections, or designee, as an additional member to the City’s Canvassing Board for the March 12, 2019, Municipal Election.
• Purchase Award – Renovation of Baseball Fields at Gardens Park – Openly competed – no option to renew – $106K

City Manager Report:  Nothing listed

Public Hearings and Resolutions (not in order):

• Ordinance 24, 2018/Ordinance 25, 2018 – First Hearing – Carl’s Plaza Property voluntary annexation was approved at the October 4th, 2018 City Council Meeting.  These two ordinances are primarily an administrative function required pursuant to Chapter 171 , Florida Statutes, that assigns a Commercial land use and General Commercial zoning designation to the parcel. 
• Resolution 67, 2018 – The subject petition is a request for a site plan approval for a 469-unit age-restricted single-family residential subdivision on 195 acres within the Avenir PCD. The neighborhood is proposed to be a gated community with a clubhouse parcel and recreational amenities. Staff is recommending approval of the Site Plan. 
• Resolution 74, 2018 –  Sale of City-Owned Property Located at 3704 Burns Road, Palm Beach Gardens, known as the Public Works Property, to Stor-AII Acquisitions, LLC for $3,800,000.  Funds realized from the sale of this property are earmarked for use in the City’s capital improvement projects. On completion of the sale, the City will have until July 2019 to vacate the premises and turn it over to the new owners. The new Public Services Operations Center is scheduled to be completed by June 2019. 
• Second Reading and Adoption of Ordinance 19, 2018 (Procedures for governing memorials and monuments) and Ordinance 23, 2018 ( Amending the City of Palm Beach Gardens Budget for the Fiscal Year Beginning October 1, 2017 and Ending September 30, 2018.) 

Items for Council Action/Discussion:   

• None listed

Check the agenda to see if any additional items have been added before the meeting here.

Transit Oriented Development Workshop

The city would like you to participate in a workshop on 10/25 concerning potential plans around the proposed PBG Tri-Rail station. 6PM at the City Hall Chambers.

City Council Approves a New Residential Development

Much of the Council’s agenda for the evening consisted of 2nd reading and adoption of procedural rezoning ordinances and associated resolutions for areas annexed last year: Carlton Oaks, Osprey Isles, Star of David Cemetery and Northlake CLF. These all passed 5:0. Also passing without comment was the Carl’s Plaza voluntary annexation.

Council Member Lane pulled Resolution 66, 2018 from the Consent Agenda regarding the delegation of authority for City Manager Ferris and City Attorney Max Lohman to negotiate a settlement with Sears. See Sears: Palm Beach Gardens Pay Our $2.1 Million Legal Bill.   Lane wanted to ensure that the amount of such settlement would not be subject to a confidentiality agreement, given that it concerns potentially a large amount of taxpayer funds. He was assured that any settlement would be public.

The Council also passed on first reading, Ordinance 19, 2018, which staff recommended as new policy regarding memorials and monuments on city owned property. Natalie Crowley – director of Planning and Zoning, suggested that Lake Catherine Park, already a passive park, would be ideal for such memorials, and any such monuments would have to go through a rigorous process to be approved. All on Council were supportive of the proposal.

Most of the public in the audience were there for Ordinance 22, 2018 – 2nd reading and adoption of Bonnette Hunt Club PUD Site Plan approval. Concerned citizens from the adjoining Mirabella voiced privacy issues, as well as issues with security, flooding and traffic. Speaking were Wendy Roth, John Guastella, Doris Noble, Louis Katz, Mark Blaitz (sorry can’t decipher), and Marc Richards. After public comment, Council Member Lane, also a resident of Mirabella, voiced his concern with the 7 significant variances requested for such a small 24 home project. He suggested that 2nd reading and approval be delayed until the berm issues were resolved. Council Member Marciano voiced sensitivity to the issues having experienced a similar one with his first home in the Gardens, but attempted to reassure the residents that the Council wouldn’t permit anything that would hurt the homeowners. Council approved the new subdivision 4:1 with Lane voting No. For more details see the Palm Beach Post article: Gardens Council Approves Homes on Former Bonnett Hunt Club.

Also passing 5:0 were two Alton Town Center resolutions regarding outdoor displays outside the new Publix as well as their Master sign program.

New appointments and re-appointments were made for the Art in Public Places Advisory Board, the Parks and Recreation Advisory Board and the Planning, Zoning and Appeals Board.

Of public interest coming up:

• Gardens Greenmarket back at the City complex on Sunday – October 8, 2018
• Transit Oriented Design Project Update for Palm Beach Gardens – October 25, 2018 – 6-8pm City Hall
• Veterans’ Day celebrations in November

Next City Council Mtg on Oct. 4 at 7pm

• Resolution 66, 2018 – Delegating full settlement authority in the matter of Sears, Roebuck and Co. vs. Forbes/Cohen Florida Properties, L.P. and City of Palm Beach Gardens
• Purchase Award – Building Automation System for New Public Services Operations Center – sole source – $77K

City Manager Report:  Nothing listed

Public Hearings and Resolutions (not in order):

• Ordinance 19, 2018 – First reading – Amending Chapter 78 of the City’s Code of Ordinances in order to provide for the placement of memorials and monuments on City-owned property. 
• Resolution 61, 2018 – A request from NADG/Brock LP to allow for limited outdoor display areas in front of Building A (Publix) within the Town Center (Parcel C) of the Alton Planned Community Development (PCD)
• Resolution 64, 2018 –  A request for a Miscellaneous petition for Alton Town Center Commercial Retail Project to approve a Sign Program for the project. 
• Resolution 53, 2018 – Appointment of Regular and Alternate Members to the Art in Public Places (AIPP) Advisory Board.
• Resolution 54, 2018 – Appointment of Regular and Alternate Members to the Parks and Recreation Advisory Board.  
• Resolution 55, 2018 – Appointment of Regular and Alternate Members to the Planning, Zoning, and Appeals Board. 
• Second Reading and Adoption:
  • Ordinance 11, 2018, Ordinance 12, 2018/Resolution 27, 2018 – Carleton Oaks
  • Ordinance 13, 2018, Ordinance 14, 2018/Resolution 28, 2018 – Osprey Isles
  • Ordinance 15, 2018, Ordinance 16, 2018 – Star of David Cemetery
  • Ordinance 17, 2018, Ordinance 18, 2018/Resolution 30 – Northlake Congregate Living Facility
  • Ordinance 20, 2018 – Carl’s Plaza Voluntary Annexation
  • Ordinance 22, 2018/Resolution 58, 2018 – Bonnette Hunt Club PUD/Rezone

Items for Council Action/Discussion:   

• None listed

Check the agenda to see if any additional items have been added before the meeting here.

Hilltop Property Sale Resolution Cried Out for a Workshop

The September 20th City Council meeting was the second of the month, primarily due to the need for the final hearing on the Budget. Budget related items went quickly, all passing 5:0. Comment was made by resident Barb Grossman regarding the money spent on the Charter Referendum campaigns.   For more on the budget see “$2.5 Million Increase in 2019 Budget“.

Last on the listed agenda was Resolution 60, 2018 – Sale of the city-owned Hilltop Property.  The 6-acre property currently contains 3 Seacoast Utility wells and the property is adjacent to another Seacoast well field. Seacoast provides water to Palm Beach Gardens.  Everything about the item was handled in an unusual fashion.

• There was no staff presentation until Purchasing and Contracts Director Km! Ra did a brief review of the bidders.
• Mayor Marino referred to the packet that all the Council had. Obviously we in the public did not have such a packet unless it was what was submitted as part of the agenda. (Inquiring minds want to know.)
• Comment cards were handed in during the presentation, and all three bidders were allowed to speak – almost in a free form fashion when addressed.
• Speaking for Gardens Business Center One LLC was Steve Craig; speaking for Johan Kriek’s and Ira Saferstein’s Tennis Academy proposal were Johan Kriek and Wendy Link; speaking for Seacoast Utilities was Rim Bishop, Executive Director of Seacoast Utility.
• There was no expert testimony – all on Council deferred to the remarks made by the Seacoast’s Mr. Bishop. He made many what seemed to be ‘off-the-cuff guestimates’ that were used as facts with lifetime use of the wells ranging from 30-35 years to 50 years to 100 to over 100 years….
• No future advances in technology or usage were technically addressed.

For those interested – view council deliberation on Resolution 60, 2018 here.

The discussion was wide-ranging and would have lent itself to expert testimony, further input and preparation by the potential buyers before having the Council decide. In fact – this was the closest to a real workshop that this Council has had – however the right action, speaking as an observer, would have been to have held off and had further discussion prior to awarding the property to Seacoast Utility (of which the City is part owner).

After the peak of the discussion, Mayor Marino made a motion to offer the property to the highest bidder, the Tennis Academy and challenge City Manager Ferris to negotiate the best deal allowing for maximization of sites for future wells for Seacoast; if that didn’t work out then they would go to the next highest bidder (Gardens Business Center One) and negotiate the same way. Council Member Litt, citing her representation on the Water Resources Task Force had an issue with a public utility being beholden to a private property owner for future well usage. Council Member Woods was exploring private deals between the bidders that could get the Tennis Academy. Council Member Marciano didn’t want to challenge the science, deferring to the comments by Mr. Bishop and protecting the water supply. Council Member Lane also leaned to Seacoast and prioritizing the water supply. Lane made the motion to negotiate with Seacoast, Litt seconded it and it passed 5:0. Ferris clarified that he would be executing a letter of interest with Seacoast, the low bidder. Mayor Marino ended the discussion with the statement “Water Trumps All”.   See Sarah Peters article “Gardens Selling 6 acres to utility” in the Palm Beach Post for additional information.

This was not the end of the meeting however. Council Member Litt wanted to discuss creating a formal City Council Resolution on an issue that has come before the Palm Beach County Commission regarding the Bear’s Club property and change in designation, supporting County staff in their recommendation to not accept a payment for property. While all on the Council did agree with the concerns, the conclusion of the discussion was that each on the council should write to the County Commission individually rather than taking a formal position. City Manager Ferris did point out that this Council has waded into political issues before.

Next City Council Mtg and Final Budget Hearing on Thursday 9/20

City Manager Report:  Nothing listed

Public Hearings and Resolutions:

• Resolution 48, 2018 – Adopting a tax levy and millage rate for the City of Palm Beach Gardens for the Fiscal Year commencing October 1, 2018, and ending September 30, 2019 and Ordinance 21, 2018 – Public Hearing for Second and Final Reading Adopting the Fiscal Year 2018/2019 Budget. 
• Ordinance 23, 2018 amends the FY 2018 Budget by transferring accumulated fund balance from the Extra Duty Fund to the General Fund, and recording the financial transactions related to the lease purchase of Fire Department vehicles. 
• Resolution 60, 2018 – Recommendation for the Sale of City-Owned Property at 9290 Park Lane (Hilltop Property).  City Administration seeks guidance from City Council and delegation of authority to the City Manager to execute the Letter of Interest and any subsequent contracts, agreements, or required forms with the interested party that City Council determines has made the best offer for the property, and which offer best serves the current and future needs of the community and the residents of the City of Palm Beach Gardens. 

Items for Council Action/Discussion:   

• None listed

Check the agenda to see if any additional items have been added before the meeting here.

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