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.

Sept 10

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.

TABOR


In 1992, the state of Colorado amended their constitution to restrict the growth of taxation. Under the “Taxpayer Bill of Rights” (TABOR), state and local governments could not raise tax rates without voter approval and could not spend revenues collected under existing tax rates without voter approval if revenues grow faster than the rate of inflation and population growth. The results of this Colorado experiment are mixed, and TABOR has its pros and cons. (For background on TABOR, see: Taxpayer Bill of Rights ) Population growth and inflation though, would seem to be a way of assessing the appropriateness of the growth of a city budget, at least as an initial benchmark.

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.

A word about population estimates.

Estimates of the Gardens population vary.   The numbers used in the preceding two charts are based on the University of Florida’s Bureau of Business and Economic Research (BEBR) data.   By their measure, we have grown 33.6% to 2020 since 2005, and 2.3% in the last year.   The US Census has a different set of numbers and they claim 37.3% and 1.4% respectively.   BEBR says we had 55,621 residents in 2019.  the Census said 57,067. Projecting to 2021 at the same rates would get approximately 59K by both measures.

I have reason to believe that both of these estimates are too low.  In 2017, the city annexed Osprey Isles and Carleton Oaks (about 650 residents) and in 2018 Bay Hill and Rustic Lakes (aobut 1340 residents).   It is not clear that either BEBR or the census adjusts for annexations between census decennials.   Also, certain areas of the city are growing rapidly, such as Alton and soon Avenir.

If you look at voter registration data, assuming that the population as a whole was growing at the same rate as the voter rolls, you see more rapid growth. In 2016 there were 37,878 registered voters in the Gardens, 74% of the population based on BEBR.  Today (August 2020), the voter rolls have grown to 45,923, up 21%. A similar ratio applied to population would yield 62,457 residents in 2020, and by extension, 63,890 in 2021. Precinct 1190 (which includes Alton and is now the largest precinct in the county) now has about 4800 voters. In 2014 it had about 2500.

 

Turnpike Widening by 2024, Relief Fund and Capital Improvement Updates

The Consent Agenda and the only resolution on the agenda – Resolution 47, 2020 updating the fees and charges schedule passed 5:0 with no discussion. The bulk of the meeting was related to presentations and the City Manager report.

Turnpike Widening Project

The turnpike will be widened from 4 to 8 lanes to serve anticipated demand by 2040. The presentation was specific to the area affecting Palm Beach Gardens from the Beeline Highway exits to Indiantown Rd. Due to the widening, all overpass bridges will need to be replaced. The new lanes will be added on the west side of the turnpike. The questions by the Council and the City Manager were specific to noise levels and the project will be doing ‘noise wall’ needs assessments. While this was a short update, there will be meetings with those in impacted areas as well as public meetings in the 2021 time-frame.

Mission Lifeline Gold Plus award from the American Heart Association

August 6

This is the 4th consecutive year that PBG Fire/Rescue has received this award which is given to Fire and EMS agencies that meet strict guidelines when treating patients suffering a heart attack. Congratulations to the department! Cory Wilder, Director of Public Services, spoke about the award, and also reiterated that no one should hesitate in calling 911 – the hospitals and Fire/Rescue are safe!

City Manager Report

  • City Manager Ferris summarized how many companies and people were aided by the Small Business Relief Fund and the Unemployed Resident Relief Fund
    • In total $989K went to 69 small businesses
    • 1248 residents received $200 Publix gift cards for a total of $312K with the efforts of a lot of volunteers – city staff, council and Christ Fellowship Church
  • Covid-19 update
    •  Since March 10 – Fire/Rescue has had 179 covid-19 encounters (calls – not necessarily positives); 2 F/R personnel in quarantine
    • PBGMC has 32 Covid positive patients, 43 beds available but none in ICU – 4 deaths in total
    • Jupiter Medical center – 24 covid patients, 73 beds available, 7 beds in icu – 26 deaths in total
    • The city has 9 ALF/nursing homes with 1439 residents – current status 3 covid-19 patients
  • Capital Improvements Update
    • Deputy Community Service Administrator Angela Brown and colleague Jennifer Nelli presented. See the Palm Beach Post article outlining the status of the major projects they covered here.

During items of Resident Interest – Council Member Reed encouraged everyone to Vote!

Martino: Council – Reconsider Wrongs and Make it Right

PBG Municipal Complex… name change?

Once again I find my opinion to be in conflict with a Palm Beach Gardens City Council decision. At the July 16th regular Council meeting the City Council passed with a 5 to 0 vote Resolution 49, 2020, renaming the City Municipal Complex. The new name is the Ronald M. Ferris Municipal Complex. Ronald M. Ferris is the current City Manager. This is at least the third instance in which a City Council has named a City owned facility after an individual in the last several years without notice to the public. I question the decisions and ask why.

So what is wrong with the above decision on Resolution 49, 2020 one might ask? To my knowledge there is no public clamor for a change in the identification of the Municipal Complex. In my view the fallacy of the decision has several components. The process used, if it can be called that, is wanting at best. The need for the change is neither necessary, nor urgent. The selection of the City Manager, who is a City employee, is highly problematical.

The decision process used lacks integrity. Resolution 49, 2020, proposed by the Mayor, traversed from the City Attorney’s briefcase to adoption by the City Council with little, if any, substantive discussion. It appeared to be a complete surprise to the other Council members. The Resolution had not been advertised for public awareness, was not listed on the published agenda, and had not been work shopped by the entire City Council prior to introduction. Why was the pubic not noticed for its input while four special interest individuals of the community were invited to speak? Conducting important City business, such as, the naming of publicly owned City property, in this manner is on the margins of legality and stresses the public’s trust in the City Council.

To my knowledge there is no public clamor for a change in the identification of the Municipal Complex. . It certainly was not necessary to process and approve this very important decision without public notification and participation. Neither the City Council nor any City employee “owns” the Municipal Complex or any other City facility. The residents and taxpayers of Palm Beach Gardens are the “owners”. To vote and pass Resolution 49, 2020 without advertising its intent to the public, is out and out audacious, and simply wrong.

The City Manager, Ronald M. Ferris, is a contract employee of the City. He serves at the pleasure of the City Council. His main duties are to administer the policies of the City Council. Mr. Ferris is among the top paid Administrators in Palm Beach County. His current salary is approximately $250,000 per year plus a basket full of benefits. Using conservative numbers Mr. Ferris has totaled in excess of $4,000,000 in just monetary compensation for his time on the job, thus far. In my opinion, Mr. Ferris, has been more than adequately compensated, rewarded, and appreciated for his job performance.

From my perspective, the approval of the renaming of the Municipal complex by the City Council was a mistake. The approval process used was wrong. Denying the public the right to comment on the exploitation of publicly owned City property was wrong. Selecting a City employee for the rename was wrong. Two wrongs do not make a right and neither do three.

The City Council needs to reconsider its wrongs and consider how to make them right!

Next City Council Mtg on Thursday August 6 at 6 PM

Note that from now on Council Meetings will commence at 6pm.  The meetings are also streamed live or as a video archive. Go to Livestream.

The August 6 City Council Agenda is relatively short. The listed items are:

  • Presentation – Florida’s Turnpike Widening Project by Brandon Bobo of HNTB
  • Presentation – 2020 Mission: American Heart Association Lifeline EMS Award
  • Public Hearings and Resolutions – Resolution 47, 2020 –  Adopting the Fiscal Year 2020/2021 Fees and Charges Schedule
    • Parks and Recreation – New fees are reflected for new facilities, such as the showcase baseball field , covered cages, and Miracle League field, no fees increased, chart streamlining;
    • Fire Dept: Removal of Motor Vehicle Accident and Fire Fees;
    • Police Dept: Increases hourly rates for extra-duty personnel as follows: Captain or Major – from $57 /hr. to $65/hr.

Consent Agenda includes:

  • Resolution 32, 2020 – Replacement of the Business Management and Community Development software module for the City’s Enterprise Resource Planning Solution through a Software as a Service Agreement with Tyler Technologies, Inc. – Contract cost: $854,525; $150,800 Subsequent Fiscal Years (Recurring License Fees).
  • Resolution 50, 2020 – Establishing the regular meetings of the City Council to convene at 6:00 p.m. on the first Thursday of each month.

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

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.

July 16

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 theAdopt 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!

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