Alton Projects Move Forward and Code Violation Fines Increase
The primary topic of the evening was development at the Alton site (Briger Tract): 3 Resolutions pertained to the site. Atlantico, a 353 unit luxury apartment complex garnered the most discussion, centered around potential parking issues. About 125 of the apartments will be one bedroom and will have a single parking space allotted to each – which meets code. Council Member Russo suggested that it might be inadequate since it’s unlikely that each of those apartment will have a single tenant, and couples would most likely have two vehicles. United Technologies’ Intelligent Buildings Technology Complex was the other significant development project. Several aspects of the building itself will be a showcase of technologies offered by the corporation. All 3 resolutions passed 5:0.
Two opponents of the development, both residents of Lake Worth spoke against the project on environmental grounds; one about Alton in general, the other calling Unitied Technologies a ‘felon’. In both cases, Council Member Levy took issue with their statements and rebutted with facts as he knew them.
Ordinance 13, 2015 also passed 5:0 on first reading. The ordinance significantly increases the code enforcement fines that can be issued by the Special Magistrate, allowed by statute for municipalities exceeding 50,000 in population. Resident Kevin Easton commented that such fines are more punitive than helpful/beneficial and could be subjectively applied, and said that most residents want to comply with code. Council Member Levy disagreed saying that no everyone wants to be compliant. He cited as an example foreclosed properties where banks aren’t paying attention; he also said that the magistrate needs all the tools he can get.
During Matters of Public Interest, David Levy mentioned that one of the topics at the last League of Cities meeting was the upcoming Sales Tax surcharge proposals for the 2016 ballot. Many of the cities are eager to see an infrastructure sales tax passed because the municipalities are have maxed out the 10% millage rate allowed by statute and are looking for other sources of revenue. Palm Beach Gardens would net about $3.8 million/year from the tax which must be applied to infrastructure improvements. Yet, since the tax would have a sunset provision, the City wouldn’t decrease property tax rates. The Council decided to stay neutral and not take a position at this point.
During Public Comment – Bob Jaeger, resident and President of his HOA directly across from PGA National Park, spoke about excessive speed limits on Northlake Blvd in the area and fatalities that have occurred. He understood that Northlake is a county road, however the Council was sympathetic to the concern – which wasn’t new – and suggested that perhaps he get with the Chief Stepp to discuss enforcement.
Kevin Easton, resident, asked about project status on the Sunset Drive water project. The Council was visibly irritated and Mayor Jablin retorted that the project would have been much further along if not for actions by Mr. Easton. He asked that Kevin speak with the City Engineer and both left the chambers to meet.
All board appointments and re-appointments passed 5:0 as did the Consent Agenda. Council Member Tinsley spoke about All Aboard Florida at the end of the meeting.
Next City Council Meeting on October 8th at 7pm
The next City Council Meeting will be this Thursday, October 8th, at 7pm in City Hall. There are quite a few items on the agenda.
Presentations: Presentations by the principals of Watson B. Duncan Middle School and Timber Trace Elementary outlining programs for the upcoming school year
Consent Agenda:
- One Purchase Award for EMS Supplies via a piggyback contract for $120K/year for one year, renewable twice.
- Several resolutions at the behest of the Florida League of Cities requesting that the Obama administration and Congress maintain tax-exempt status of interest on municipal bonds, maintain funding of community block grants and clarify the de-obligation process of previously approved disaster relief funds.
- Several proclamations.
Public Hearings and Resolutions:
Ordinance 13, 2015 – A City-initiated text amendment to Code Enforcement Procedures, Administration Fines, giving the Code Enforcement Special Magistrate authority to impose fines in excess of the limits set forth in Paragraph (2)(a) of Section 162.09, Florida Statutes. Apparently reaching the ‘magic’ number of 50,000 in population allows the City authorization to impose higher fines. “Administrative fines are imposed to impress upon the violators the severity and seriousness of their violation to the City, and the direct and indirect impact to the citizens. The proposed fines attempt to account for the larger imposition violations can place on a growing population”. Fines would be increased fourfold from $250/day to $1000/day; tenfold from $500/day to $5000/day and threefold from $5000 to $15000 for specific descriptions of the violations.
Three Resolutions concerning Alton PCD
- Resolution 44, 2015 AN AMENDMENT TO THE ALTON PLANNED COMMUNITY DEVELOPMENT (PCD) IN ORDER TO CONVERT FOUR (4) MULTIFAMILY DWELLING UNITS TO THREE (3) ADDITIONAL APARTMENT UNITS WITHIN PARCEL C, INCORPORATE ADDITIONAL PREMIER, PRIMARY, AND SECONDARY STREET TYPICAL CROSS SECTIONS WITHIN THE DESIGN GUIDELINES, AND INCLUDE A MODIFICATION TO PCD BUFFER B1;
- Resolution 45, 2015 – APPROVING THE ATLANTICO APARTMENT COMPLEX SITE PLAN IN ORDER TO ALLOW THE CONSTRUCTION OF 353 MULTIFAMILY APARTMENT DWELLING UNITS WITHIN PARCEL C OF THE ALTON DEVELOPMENT OF REGIONAL IMPACT (DRI)/PLANNED COMMUNITY DEVELOPMENT (PCD);
- Resolution 46, 2015 – APPROVAL OF A 241,400 SQUARE FOOT CENTER FOR INTELLIGENT BUILDINGS TECHNOLOGY COMPLEX also in Parcel B of the Alton Development – this is the United Technologies complex.
In addition, there are several resolutions for appointments and reappointments to the Planning, Zoning and Appeals Board, Parks and Recreation Advisory Board, the Art in Public Places Advisory Board and the Fire Pension Board.
See our summary of the September 17th City Council Meeting (including the Final Budget Hearing) here. For the latest Martino Minute, click here.
The agenda (with links to full detail) can be found here. Check the agenda to see if any additional items have been added before the meeting.
We get the government we deserve – and it’s up to us to watch what they do. Hope you can make it. If you can’t make the meeting try and watch live-streaming or on-demand.
Fire/Rescue Contract Negotations Dominates Budget Hearing
The purpose for the September 17, 2015 City Council Meeting was Second Reading of the proposed 2015/2016 Fiscal Year Budget. But as in the previous hearing, most in the audience were there to support Fire/Rescue during Public Comment. After six folks made their comments asking the Council to take action, City Manager Ferris made a substantial presentation on the status of the negotiations. He began by saying that it’s not his practice to negotiate in public, but that he wanted to get the facts out to the public and to the employees in Fire/Rescue who may also not seen the data. We strongly suggest that residents interested in the topic review the City Manager portion of the video with his presentation. Mr. Ferris concluded with his hopes that the union will come back to the table and continue negotiations.
Mayor Jablin believes that during the time he’s been on the Council the compensation packages have been fair. “We want to be in the top 5” and the City Manager’s data showed that the city is. He commented that one speaker’s suggestion that the salary increases be taken out of the substantial reserves wouldn’t work, since the increases remain and in short order there would be no more reserves. Council member Russo said there is way too much emotion and encouraged both sides to ‘come back to the table’, and make the decision based on facts. The outcome would be far better if it is a result of negotiations rather than the Council deciding after an impasse. Vice Mayor Levy said “our firefighters are the best in the State, if not the country”, and that the Council acknowledges that there is a compression problem and that the negotiations should reach an accord. Council member Tinsley agreed 100% with members Russo and Levy and suggested that all go back to the table, behave professionally and take the emotion out of the decision. Council member Premuroso suggested that both sides forget about dates/deadlines/schedule and come to an amicable resolution. Read the post article on the City Manager’s presentation here.
Mayor Jablin called a 5 minute break so that those leaving could clear the room, after which the Budget Ordinance and associated Resolution were passed 5:0.
Martino: Feather Your Nest
Did you know that in September 2004 the then part-time Palm Beach Gardens City Council which included some of today’s part-time City Council members (Russo, Jablin, and Levy) conveniently approved an ordinance that doubled their existing salaries to $24,000? They also provided themselves with profitable benefits, such as, self-serving automatic annual cost-of-living raises, and health benefits for themselves and their dependents. In recent years lucrative retirement benefits were added to the package. All of this compensation for a part-time job is paid for by the taxpayers. Yet the public is not afforded any input!
Per the newly proposed 2016 City budget the part-time Palm Beach Gardens Mayor and City Council will be compensated annually as follows…
| Councilperson | Mayor | |
| Salary | $28,564.00 | $31,109.00 |
| Pension | $12,219.40 | $12,219.40 |
| Health-care | $19,397.40 | $19,397.40 |
| Total Compensation | $60,180.80 | $62,725.80 |
By virtue of a City Charter change instigated by these same Council members, the part-time Palm Beach Gardens City Council is required to meet only once per month. There may be more time spent but is it enough to justify the above?
In addition to the salary and benefits, the 2016 budget for the City Council pays for seminars and conferences, memberships and dues, professional services, contingencies, materials and supplies, business cards, and so on. The total of all annual 2016 budget costs for the five part-time Palm Beach Gardens Council members to the taxpayers is…
$462,372.00
or
$92,474.40 each
The recent September 10th City Council of Palm Beach Gardens was gaveled to order promptly at 7:00 PM. The meeting was adjoined approximately two hours later. Using the above budget figures each City Council member collects in base salary $28,564 while the ceremonial part-time Mayor collects $31,109. To illustrate, perhaps, to the extreme, based on the City Council’s schedule of one regular meeting per month, for those two hours the taxpayers paid the City Council members in salary only approximately $2,380.34 each, or $1,190.17 each per hour, and the Mayor approximately $2,592.42, or $1,296.21 per hour.
The five part-time Palm Beach Gardens Council members are among the highest compensated of all local governments in Palm Beach County. As far as I can determine, it is the only City that holds regular meetings with the public just once per month.
Owing to the unquestionable fact that City Council members are considered part-time city employees, I query the legality of most of the salary, retirement, health and life insurance appropriations on their behalf. Are other part-time City employees compensated with the same extravagance? Since when does an organization, or government, or business, or otherwise, annually pay salary of $ 145,541 as proposed, retirement benefits of $ 61,097 as proposed, and health benefits $ 96,987 as proposed, for five part-time employees that are obliged by charter to work only one day a month for possibly 1 to 4 hours.
Are the five part-time Palm Beach Gardens Council members serving their neighbors or feathering their own nests?
Next City Council Mtg / Final 2015/2016 Fiscal Year Budget Hearing on September 17
The next City Council Meeting will be this Thursday, September 17, at 7pm in City Hall. The only item on the Agenda, other than Consent, is the Second 2015/2016 Fiscal Year Budget Hearing. On Consent is Resolution 42, 2015, allowing the City Manager to apply for and accept a Highway Beautification Grant with FDOT.
See our summary of last Thursday’s City Council Meeting (including the First Budget Hearing) here. It includes links to the powerpoint presentation that Finance Director Allan Owens made, as well.
The agenda (with links to full detail) can be found here. Check the agenda to see if any additional items have been added before the meeting
The Best Budget Ever!
While the primary topic for the September 10 City Council meeting was the first hearing of the 2015/2016 Budget, much of the meeting was spent on Public Comment. The chamber was filled with a sea of yellow shirts worn by members of Fire/Rescue and their supporters. Media was also there to capture the action.
First up was Thomas Murphy, President of the PBG Police Foundation to describe the 9-11 Rememberence Essay competition. Then Fire/Rescue Chief Southard introduced the winners – First Place: Brandon Gitto, Second: Rebecca Newbold, Third: Alexis Simm. For more details see here.
Senator Abruzzo was to give a Legislative Update, but had to cancel and will do so at a future meeting.
City Manager Ferris had no report, but mentioned that the Purchasing Department – Km! Ra, had once again been honored with a prestigious award. Congratulations!
Most of those present were there for Public Comment which was next. The Fire/Rescue contract expires on 9/30/15 and negotiations had reached an impasse. The 6 speakers spoke on the excellence of Palm Beach Gardens Fire Rescue/Paramedics, how their lives or loved ones lives had been saved, and the primary issue of salary compression. The Council thanked the speakers, but Mayor Jablin said that he couldn’t comment more due to the negotiations. Council member Russo spoke eloquently on understanding the frustration, that a similar issue had been resolved for the police, and that he expected a resolution for this issue as well. For more details see: the Palm Beach Post summary. Mayor Jablin then offered a 5 minute recess so that those wanting to leave could clear the chambers.
Three additional folks had comments related to traffic in the Central Avenue/117th Court area. All acknowledged problems in the area, but were not in agreement on the solutions. The Council assured them that before any changes will be made, a lot of work still needs to be done and that it will be the subject of future meetings.
Hal Valeche, County Commissioner District One, spoke emotionally about the passing of long-time aide, Cindy DeFeLippo to Commissioner Marcus and then Valeche. The members of the Council knew her well, and had spoken of her loss in a prior Council meeting.
Finally, Allan Owens, Finance Administrator, gave an excellent presentation on the proposed budget. The Council had challenged staff to come back with a millage rate decrease, yet balance that with fulfilling the needs of the City. Mark Marciano, Chair of the Budget Oversight Committee, gave a report supporting staff’s recommendations. The Council was pleased with the results with Council Member Levy saying “solid budget”, Council Member Tinsley calling it ‘most transparent’, Council Member Russo mentioning that it would be the last budget he votes on, and counseling staff to not add employees; Council Member Premuroso called it a ‘spectacular budget’ and pointed out that millage had been lowered for 2 years ina row, that the budget allowed for funding the IG should the lawsuit appeal be lost, and that in 4 years the general obligation bonds will be gone. Mayor Jablin thanked staff and City Manager Ferris thanked all the department heads for the hard work needed to make this budget happen. Note that this budget still grows by 4%, but less than it would have had millage been kept unchanged.
We in PBGWatch – also thank them all for giving back to the taxpayers. Gardens is to be commended to be one of the few municipalities and taxing authorities to not just gobble up the valuation increase wind-fall. See gardens-budget-splits-the-difference-with-the-taxpayer.
The Second Hearing will be next Thursday, September 17, at 7pm in City Hall.
Gardens Budget Splits the Difference with the Taxpayer
The FY2016 Budget for Palm Beach Gardens will be discussed at the first public hearing on September 10.
Property valuations are up significantly this year, and some jurisdictions are reaping large windfalls by leaving their millage flat. The county for example, will see a tax increase of over 9%, which will be their largest budget in history, growing by $61M in new taxes – bigger than the entire budget for PBG.
The Gardens Council is being more responsible than the county and proposes to return some of the valuation windfall to the taxpayer. It should be noted though, that this year’s proposed $51M in revenue is the largest budget to date, exceeding those of the boom years of 2007-2008.
As the included chart shows, when the valuation bubble burst in 2008, PBG increased the millage to maintain flat tax revenue around $50M, then relented in 2009 and let revenue decline below $45M as the economy remained stagnant. Now that there is an increase in valuation (over 6% this year) the proposed millage would be reduced to limit the rise in revenue to just under 5% (on top of 5.3% last year).
If the millage were left unchanged, it would have generated over $52M, so the “extra” $1M (2%) would be returned to the taxpayer.
Compared to the money grab that’s going on at the county, we should be grateful to our staff and Council for their restraint. If you go to the meeting on Thursday, thank them for that, and ask them to stick to the plan. It is still possible to raise the millage (up to 5.67), and some groups may come to lobby for more spending.
Martino: Return to the Sunshine of Council Chambers
In an August 5th Palm Beach Post article discussing the City of Palm Beach Gardens budget process several statements attributed to Council members Eric Jablin and David Levy attempting to defend a flawed course of action are very troubling. They excoriate any semblance of openness, transparency, and accountability in the process of governance that the current City Council is following and in particular with the creation of the City’s 2015-16 budget. Their comments did little to assuage the obvious process grievances. Further, their quoted remarks revealed more questionable practices and problematic rationalizations for a touted process that fails to satisfy the entitled needs of the public to information.
The Public’s governmental process preference is simple and required by law. All governmental policy process, direction, thought process, and discussion must be conducted with the public in attendance. Exceptions to this should be close to never and allowed only when a demonstrably higher law exists.
The article states that current Council members say the current budget process is already as open as it gets. Jablin says the draft budget is “online” so anyone can read it. Jablin says he spends a lot of time vetting the budget with the City Manager and the staff. Jablin is quoted, “This is the process…I’m proud of the process…it’s a good process.”
Okay, let’s analyze this good as it gets process! If the draft budget is “online” then where did the draft come from, who created it, at what public or private meeting was it discussed, and so forth. If one does not have access to “online” or is technically challenged like so many of us, how does this “good process” satisfy the need for public information in an open government forum? Admitting, as Jablin says, that he spends a lot of time vetting with the City Manager and staff, stabs at the heart and soul of open government. If the other Council members follow this same path then we have a very suspicious “good process” that at best pulls the shades down on the Sunshine law and at the worst blinds the Sunshine law in the darkness of backroom shadows.
Levy sites an award that the City receives from the Government Finance Officers Association for Distinguished Budget Presentation, as testimony, that “peers and experts have said that this is an open and accessible budget process.” He also says, “…it is a very good budget, and a very good budget process.” Levy’s attempt to rationalize an award given for Presentation and not for process, or creation, or content, into factual substantiation for “an open and accessible budget process” has no creditably.
Jablin and Levy are currently serving in the ceremonial City Council positions of Mayor and Vice-Mayor. In the Post article, for Jablin and Levy to posit the proposition that the City Council is practicing open government, stretches believability, and is less than probable. Their own words and admissions demonstrate a lack of understanding and respect for openness, transparency, and accountability. When Jablin says and Levy reiterates, “I’m proud of the process we established, and I think it’s a good process” even though it excludes the information that the public is entitled to have demonstrates little respect for the electoral trust they were given.
In my opinion, the City Council needs to come out of the backroom shadows and return to the sunshine of the Council chambers. More publicly scheduled meetings to discuss any and all City business is warranted and expected. Those would be steps toward a “good process” and a process to be proud of.
Eligibility for HUD Grants Excites Council and Staff
The August 6th, 2015 City Council meeting ran smoothly, with relatively little discussion on the several Resolutions. Council Member Russo was not in attendance, and all Resolutions and the Consent Agenda passed 4:0, except for Resolution 37, 2015 (Police Tactical Training Facility) – which was pulled so that Council Member Tinsley could recuse herself due to her husband’s involvement with the project, thus passing 3:0.
Everyone, however, became quite enthusiastic when Resolution 28, 2015 was described. Palm Beach Gardens population, having passed 50,000, makes the City entitled to apply for HUD Community Development Block Grants (CDBG). The City must submit a 5-year Consolidated Strategic Plan, along with an annual Action Plan, in order to be granted about $177K/fiscal year. The funds can be used in conjunction with the City’s existing CAST (Community Action Support Team) program. The first year’s action plan will focus on single family home rehabilitation for low and middle income home owners – such as senior citizens on fixed incomes, with projects such as new roofs, yard cleanup, repairing substandard homes, accessibility, etc. The funds should be available in October, after which applications will be taken. The program is apparently very flexible, and the amount can grow as the population does.
Mayor Jablin began the meeting with a moment of silence for the recent passing of three very active County residents: James Mandell, Judy Kelleher and James Woods.
City Manager Ferris’s report included:
- Thanks to City Clerk Snider and her staff for going digital (to paperless agendas) and saving almost $900K in that time.
- PBG Fire Rescue obtaining 2015 Lifeline EMS Silver Level recognition Award – the second year in a row.
- PBG Finance Department receiving the Distinguished Budget Presentation Award for the 18th year in a row
- City Attorney Max Lohman receiving a certification in government law from the Florida Bar
Public Comment included:
- Kevin Easton and Carol Courtney of the Sunset Drive/40th Terrace neighborhood complaining about the cutting of two 100+ year old trees to create a cul-de-sac. Mr. Easton asked what trees will the City be planting to replace those; developers always have to replace removed trees with other plantings. Ms. Courtney gave a moment of silence for the trees. Mayor Jablin said that he could not comment due to litigation between the City and Mr. Easton.
- Mark Marciano inquired as to the possibility of the City purchasing just a portion of the Palm Beach County property in the 117th St area, to augment the City sports fields. Dr. Marciano also invited the public to attend the next Budget Oversight Committee Meeting, of which he is chair, to be held on August 13 at 8:30am in City Council Chambers.
- Sue Ellen Williams questions the over $2 million expenditure for the Police Tactical Training Facility. The ensuing comments by the Council gave full support for the need for the facility. The Palm Beach Post summarized the discussion here.
Note that there will be two meetings in September as part of the 2015/2016 Budget Hearings.
Martino: Consent Agenda Demonstrates Why Council Needs a Monthly Workshop
I just reviewed the City of Palm Beach Gardens August 6th agenda. Under the Consent Agenda item the City Council is spending nearly 9.4 million dollars of taxpayer money without any discussion among themselves or presentation to the residents. How disappointing. But that’s par for the course in Palm Beach Gardens. It’s business as usual the less the public knows the better.
In any event, my criticism is with the City Council’s process. My concern is with the City Council’s lack of scheduled public meetings. It is not with the expenditure or the result the expenditure might yield. There are six different expenditures listed for consent only consideration. Apparently of the six disbursements, four have been competitively bid, one is under an existing contract, and one is a piggyback/access contract.
Should the Administration been given instructions concerning these expenditures by the City Council in a public forum? Should the City Council review these disbursements with each other while the public is in attendance? The answer to both questions is a loud YES. Was that done? Not with the specificity that each deserved and with the openness, transparency, and accountability that the public expects. In my opinion, all six of these subject expenditures should have had a detailed work-shop-type scheduled public meeting at the very least.
To reiterate, please bear in mind it is process, procedure, and the lack of public meetings that I am critical of. For clarification of my thought process I will discuss the Police Training Facility which is an expense exceeding $3,000,000 on completion. $2,582,000 of that cost is on the Consent Agenda for August 6th with no discussion on the vote. For the record there has been some minor discussion on two prior occasions that I can recall concerning only the cost of building the Facility of around $1,500,000. There have been no public presentations scheduled or otherwise, showing the location of the Facility, drawings or sketches, training equipments or apparatus that will be inside the Facility, who will be doing the training and teaching with associated costs, continuing costs, insurance exposures, and so forth. Lastly, why was the Request for Proposals a Design/Build contract and not separate issues?
From my perspective, the public has a lawful right to and the City Council has a duty and responsibility to, provide any and all pertinent information concerning City business, and in particular, expenditures. To be both transparent and accountable the City Council must process in open public forums relevant facts concerning City business, prior to any Consent Agenda vote or any other regular meeting vote.
My suggestion to the City Council to alleviate any lingering misperceptions about the lack of transparency in the governance of the City of Palm Beach Gardens is a simple one, more scheduled meetings with the public. I have said it before and I will say it again, there are four Thursdays in a month, not just one.
In the short term, perhaps I could suggest that a Council member consider pulling one or more of these important expenditures from the Consent Agenda for discussion. Any takers?