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.

Briger Deed Restrictions Irks Council

While not on the agenda for the July 1, 2015 City Council meeting, the topic of the Briger Tract deed restrictions surfaced as a theme several times during the meeting.  All on the Council were troubled by the less than thriving Scripps spin-off results and the deed restrictions which seem to be interpreted more narrowly than the Council thinks is required. While the ideal situation would be to have bio-tech companies fill the zone, the Council all felt that technology companies with high-paying jobs, should qualify for inclusion. Otherwise, many of the occupants of the residential areas in the tract will have to commute, thus creating traffic issues. And the area will remain under-utilized. See the Palm Beach Post’s summary of the discussion here.

Resolution 27, 2015 set the maximum operation millage to a flat 5.67 and set the first public hearing to September 10, 2015. The Council directed staff to come back in September with as low a property tax rate as possible. Council member Russo said he wanted to see homesteaded property owners pay not a dollar more. Council member Premuroso was still working on the amount millage should be lowered. Council member Levy pointed out that the working assumption had been that property valuations would increase  by 3% this year. Since the valuations increased 7.8% he felt the delta should be given as tax relief to the property owners. See the Palm Beach Post summary of the discussion here.

Kayla Abramowitz, the 13 year old winner of the National Young Entrepreneurs Acaemy (YEA!) Saunders Scholarship, was introduced by Beth Kigel, President and CEO of the Chamber of Northern Palm Beach Chamber of Commerce. Kayla’s non-profit has received local and national awards. Mayor Jablin also presented her with a placque.

Public Comment included a brief update by resident Barbara Grossman on marine issues with All Aboard Florida raised by Martin County, and safety and code enforcement issues with property on Flax Court raised by residents Robert Mandeville and Gary Pitchford.

The City Manager report included:

• An update by Fire Chief Michael Southard on the brush-fire at Central Blvd and 117th, describing the evacuation of the campers at Timber Trace to the Emergency Operations Complex, and explaining the plans for containing the fire.
• An update by City Manager Ferris on the Drainage Projects in Gardens, Mirasol and Lilac Parks – completed on time and on budget.
• Candice Temple, Media Relations Manager, described the City’s new website. The Council expressed some consternation when noticing that the City’s Municipal Golf Course had been renamed to ‘Sandhill Crane Golf Course’ without any input or vote on their part. Ms. Temple replied that it was a marketing decision, but the concensus was that such decisions should get Council review. Otherwise, they were please with the new look and feel of the website

All Ordinances and the Consent Agenda passed 5:0

City Attorney Max Lohman said that he’d filed papers against the PGA Waterfront Project and that a hearing on the Sunset and 40th Terrace eminent domain proceedings had been set for around Labor Day weekend but that the rest of the project up to the property line was proceeding on target.

Since the City Manager’s performance, contract extensions and salary were already discussed in April, the Council moved to have the text of that discussion put into the record to satisfy the annual evaluation requirements.

“BUILD TODAY FOR TOMORROW’S NEEDS WITH TODAY’S MONEY”

Much of the public comment and discussion at the June City Council meeting was directed at Ordinance 10, 2015, and spending plans for the proposed PBG Golf Course Club House; 11 people spoke in favor. But before Finance Director Allan Owens began, City Manager Ferris gave a presentation about the uniqueness and forward thinking approach of the City. He recounted all the cases in the last 15 years, where the city ‘went big’and built not for current needs, but future needs – listing the PGA Flyover, Burns Rd Gym/Aquatic Center (cat 5 ready), Burns Road widening, Emergency Operations Center, Kyoto Gardens Drive (4 lanes instead of 2), and Mirasol Park.

He used the mantra, reworded a little bit differently each time “build today for the needs of tomorrow with today’s money“.  Of course the money he was talking about using was most of the balance of the General Fund Budget Stabilization Reserve Account. Those of you who attended the 2015  Budget Hearings in September, may recall that the Council was initially aghast at then Mayor Premuroso’s suggestion that $500K of the fund be returned to the residents as a millage decrease (it was still a tax increase since property values had risen). Nine months later, however, the outlook (and the Council’s attitude) was quite different as they approved 5:0 the spending down of the reserve fund as follows:

To summarize, the recommended transfers contained in Ordinance 10, 2015, which
impact General Fund Budget Stabilization Reserves, include the following:
1. Supplemental appropriation for Golf Course Clubhouse  $2,288,544
2. Additional payment towards unfunded public safety liabilities  $1,392,761
3. Supplemental appropriation for City Park  $1,200,000
4. Supplemental appropriation for Police Tactical Training Facility $575,000
Total Transfers From Budget Stabilization Reserves  $5,456,305

After the above transfers are made, the current General Fund Budget Stabilization
Reserve Account will total $462,005. Unassigned General Fund Reserves are
unaffected, and will remain at $23,066,106.

Only Council Member Premuroso expressed concern that the fund was being almost totally depleted.

Next month the Council will likely set the 2016 maximum millage (assume it will be unchanged from current) and direct staff to reduce it prior to final budget and return some $$ to the taxpayers. At last night’s meeting Premuroso said he wanted a cut of 10-12 points; Council members Russo and Tinsley also expressed their desire to lower millage. While Council member Levy did not say so last night, he was quoted in the Palm Beach Post last week expressing the same sentiment. Mayor Jablin did not comment on millage – however 9 months ago at the budget hearings, when he opposed the minor millage decrease, he did want to look at the possibility of a bigger tax rate cut this year. We’ll be watching and so should you!

The Palm Beach Post covered the Golf Club House discussion here.

All Ordinances and Resolutions passed 5:0

The final discussions and City Attorney report were also of interest:

Citizen Survey Results – Council member Tinsley suggested that there be some form of local transit – perhaps akin to Molly’s Trollies in WPB. She had done some research on alternatives, but in general the rest of the Council was cool to the idea – until/unless Palm Beach Gardens got a Tri-Rail station. Mayor Jablin’s opinion was that only tourists/visitors would be interested in this option.  However all welcomed any private enterprise or the Chamber, if they wished to provide such a service.

North County Park – Council Member Tinsley had been the focal point to review options of the North County District Park (currently owned by the County near the PBG Tennis Center). She discussed what had occurred up until now at the County level, and discussion with District 1 Commissioner Hal Valeche. The Council was also cool to pursuing any aspect of the park and suggested that Hal ‘run with it’. Mr. Ferris did summarize by saying that anything the County proposes would have to have final approval by Palm Beach Gardens – with security, maintenance, traffic issues all impacting the City. The Council anticipated that such a park would be met with similar concerns and opposition as did the proposed Baseball stadium proposed for the site and they were not looking for trouble.

City Attorney Lohman gave an update on the PGA Waterfront project. The Developer went to the County with their updated proposal, and reviewed it with several groups and municipalities, but specifically excluding Palm Beach Gardens. While the City did attend the Board of County Commissioner (BCC) Meeting and express the City’s concerns, they were ignored. Two major issues that the City has are 1) failure to include a right turn lane on PGA Blvd onto Ellison Wilson 2) inability of the PB Gardens Fire/Rescue ladder truck to be able to physically enter the property. The latter is key as historically 50% of all calls to the site were responded to by PB Gardens Fire/Rescue. Lohman requested and received a 5:0 motion to let him proceed with a writ to challenge the approval of the project so that the City’s objections could be heard by the County.

No to All Aboard Florida Bonds; Yes to everything else

All council members were  present.  Mr. Russo commented he may not be able to stay the entire meeting due to medical problems at home.

Council chambers were filled for the Frenchman’s Creek and Frenchman’s Reserve presentation.  Jane Feinstein and Mik Fernanandi  presented their arguments against All Aboard Florida (AAF), mentioning the lack of transparency with AAF and DOT.  Noise, vibrations, expected slower response times and possible hazardous waste issues with the expected increase in freight trips were also discussed.  They requested the council write a letter objecting to the issuing of bonds.  There are claims that peoples’ rights have been violated because many people have objected to the “bullet” train but that AFF and the DOT said “no local residents have objected.”  They mentioned that a Jupiter and PBG resident have filed lawsuit.

Ali Soule, representative for AAF, spoke for 3 minutes after that presentation in favor of AAF. Two other people spoke in favor of AFF. 5 residents voiced their opinion against AFF. It was a hot topic and the Mayor had to quiet the crowd several times. A motion was made and accepted to send a letter out against issuing the bonds.

Fl. Representative Pat Rooney gave an update on the latest legislative session noting that they ended 3 days early.  No progress was made on the budget and there is a special session scheduled to meet again 6/1/15 through 6/20/15 to discuss the budget and the expansion issues with Medicare/Medicaid.  Mr. Rooney also spoke about the 750K funding for the C17 canal.  Legislation on sober homes is also being discussed

The annual Audit report was given by Marcum LLP.  Their representative, Enrique Llerena  gave the report noting there were no deficiencies and noted that the staff did a great job providing the information.

City Manager proclaimed May 24 Sherri Pla day. The African American Golfers Association acknowledged Sherri as their 1st award recipient for her involvement in promoting golf.

The Consent Agenda was approved 5-0.

Ordinance 4, 2015  repealing and rewriting Chapter 62 (regulations that govern the use of city streets, swales, right of way and public places) was passed 5-0.

Ordinance 9, 2019 repealing and rewriting Chapter 70 (traffic and vehicles) also passed 5-0.  Note that Resolution 19 is a companion item and will require council action on the 2nd reading next month.

Ordinance 5, 2015 (2nd reading) 10 year water supply facilities work plan was passed 5-0.

Ordinance 6, 2015 (2nd reading) Mirasol club renovations passed 5-0.  The companion item Resolution 16, 2015 for additional parking also passed 5-0.

Resolution 18, 2015 to allow a 2000 sq. ft. restaurant and drive thru to be build had some 5 residents that spoke against the resolution. The Brocks changed the hours of operation after council expressed concern. The resolution passed 5-0.

Resolution 17, 2015 Appointment of regular members to the Police pension board passed 5-0 after all persons mentioned were approved by council.

Resolution 21, 2015 Eminent domain of 8511 40th Terrace North for a utility water line was combined with Resolution 22, 2015 the eminent domain to acquire a parcel of land at 8342 Sunset Drive.  Todd Engle presented a slide show on the reasons for the taking.  Carol Courtney spoke at the public comment.  She noted that there were several very old trees, one in particular that was estimated by arborist to be approximately 250 years old.  Carol stated she had spoken to the city forester and the day before and he said he was not aware of the issues with the trees.  Michelle Ball spoke about the close proximity of the cul-de-sac to her home.  Kevin Easton spoke about the problems in communication and the attempts to get all interested parties, like the city forester, fire chief, etc. to meet on site to develop a plan that works best for the neighborhood.  Kevin requested to show some slides presenting his ideas to tweak the current design to save the trees and keep the “gardens” charm that he has enjoyed since purchasing his home (1989.)  That request was denied.  Council instructed the City Engineer to work with Mr. Easton to see if his proposals could be incorporated and to try and save the trees.  The Council passed both resolutions 5-0.

The council meeting concluded at 10:30.

Good Old Boys’ Actions Show Why Term Limits Passed

Term Limits pervaded the April City Council Meeting from start to finish, with some City business thrown in for good measure.

Up first on the agenda was the annual reorganization vote – selecting Mayor and Vice Mayor. Palm Beach Gardens has a Council-Manager form of  government so the position of Mayor is largely ceremonial, not elected by the residents. The Mayor does serve as chair of the monthly City Council meetings though, and influences how business is conducted.

The Mayor and Vice Mayor positions have been held by all on the council except for newest member (elected in 2010) Marcie Tinsley.  So one could reasonably assume that Mrs. Tinsley, who has not held either office, should get her turn as Mayor or Vice-Mayor, since like Mr. Jablin (who has held both positions many times) and Mr. Premuroso (the incumbent mayor) – they all have 2 years left on their final term-limited term.  She is certainly qualified, but this Council being essentially a “boy’s club”, she was not even discussed for Mayor, and her nomination for vice-Mayor by Bert Premuroso was cast aside with patronizing ease.

David Levy nominated Eric Jablin for Mayor. The ensuing convoluted discussion rationalized his election as if it had always been a done deal, and he became Mayor on a 5:0 vote.

A prevailing assumption by the Council, for several months now, since term limits were first placed on the ballot, is that Levy is eligible for another term (because he resigned for a few months to run as County Commissioner) and that he obviously will be re-elected without any opposition. He could then have another opportunity to be Vice-Mayor or Mayor. But somehow, in even more tortured debate, the men on the Council decided that Levy needed to be the Vice-Mayor to afford continuity on the Council and ensure the city didn’t collapse as the board turned over. While nominated by Premuroso, Tinsley received no support, even from him, as she argued gamely on why she should be Vice-Mayor; Levy was elected 4:1. The arrogance of the discussion was overwhelming; we highly encourage the Council to watch the entire meeting themselves and understand why people voted for Term Limits. 

Term Limits arose again during Items of Resident Interest.  The North Palm Beach Blog of the PB Post had an article earlier in the day suggesting rumors that the Council would take action to over-ride the Term Limits charter change voters supported with 79% of the vote.  68% voted for it to be retroactively applied to the current Council.   While Council member Russo suggested that such an action, taken by the Council, would be a slap in the face of the voters – it was clear that there were others on the Council who did not agree.  Later in the evening, the ‘new’ Mayor suggested that the folks who are against term-limits come in force to Council meetings, thus giving the Council a rationale to take some action to reverse the ballot amendment.

Resident Mark Marciano, speaking during Public Comment on several topics, suggested that the Council should tackle Term Limits, and that the 2 3-year terms, as passed, were ‘not only short-sighted, but even dangerous’. He reiterated a drumbeat, heard mostly by electeds, that people didn’t know what they were voting for, and were just expressing frustration that Congress doesn’t have term limits.

Finally – the last item on the agenda was the City Manager Contract Extension. In previous discussions on the topic, the contract, expiring in 2016, was proposed to be extended by 2 years to 2018. But suddenly, Mayor Jablin proposed a 5-year extension to 2020 – once again citing Term Limits as the reason this had to be done. The clueless new Council that will exist from 2017 on, will destroy the city without the continuity provided by the current City Manager. Normally, Russo said, 5 years is too long to extend the contract – but Term Limits overrides such need for caution. Tinsley encouraged that the time be used for a succession plan for City Manager Ferris’ retirement; Russo said the same. The extension passed 5:0.

As to the Business:

• Kudos to Riverside Enrichment Center for receiving Apple Accreditation 
• Kudos to Km! Ra, the City’s Purchasing Director for being awarded a 2015 UPPCC Agency Certificate 
• City’s Resident Opinion Survey – 400 residents were surveyed in January 2015 and results were compared with the survey conducted in 2006 – with a sampling error of 4.9%. 96% would recommend living in Palm Beach Gardens and cited Family, Weather, and Shopping/Restaurants as why they live here. The results will be posted on the City website on Monday.  Here is the PB Post’s article on the survey.
• Mirasol ClubHouse expansion passed 5:0 on First Reading
• Purchasing rather than leasing Golfcourse Maintenance Equipment passed 5:0
• Council appointments to external and internal boards remained unchanged except for one that requires the Mayor’s participation.

No Drive-through for Banyan Tree PUD… for now

Although last on the agenda, Resolution 13, 2015 garnered the most public comment – with many residents from Lake Catherine in attendance and 11 folks voicing their concerns with the developer’s plans for Banyan Tree PUD Phase II (aka Northlake Gardens) at the northwest corner of MacArthur Boulevard and Northlake.  Among the issues were traffic, noise, lighting, and safety for the children going to/fro the nearby schools. Along with the public comment, a petition signed by 182 of the home owners was submitted. Council member Levy spoke first and voiced his concern with the proposed drive-through for a small 1000 square foot business. The rest of the council joined in saying there was much to like about the proposed site plan but they too were uncomfortable with the drive-through. Both the developer and the owner asked that the drive-through be approved in order to enhance the ability to attract businesses for the rear building which would be all but invisible from view. They suggested that the council would have final approval of the lessee at a future date. The council disagreed and voted unanimously to approve the plan without the drive-through.  They would be open to future modifications (eg the drive through) after they know what the proposed business would be. Vote 5:0

Despite a request to bring Project Diamond (Resolution 14, 2015) to the Regular Agenda, it remained in Consent and economic incentives were passed without discussion.  See Where’ s the Sunshine?

Tom Cairnes, of the PGA Corridor, spoke on Ordinance 1, 2015 – disagreeing with the proposed regulations as not going far enough.  The Corridor believes that no human signage should be permitted in Palm Beach Gardens. The council replied by saying that currently there are no regulations in place, so that this is an improvement. Vote 5:0

The other two Ordinances – Ordinance 3, 2015 (gas station signage) and Ordinance 5, 2015 1st reading (10-year water supply facilities work plan) passed 5:0 as well.

Police Chief Stepp made his 2014 Police Department Summary Report – with outstanding statistics. Crime has been down for 3 years in a row and is at the lowest rate since 1987. Since many of the crimes are DUIs and shop-lifting, the likelihood of being a victim of crime in our city is very low. Frog-et Me Not continues to be an award-winning program. Read the excellent report here .

All on the council expressed their regret and condolences on the recent passing of North Palm Beach Gardens City Councilman and veteran, William Manuel.  A moment of silence was held.

Some Answers, More Questions About Freight at AAF Workshop

Tony Doris, of the Palm Beach Post summarized  key topics from the All Aboard Florida Special Workshop held on Thursday, February 26th here.

Most in the audience appeared to be as skeptical as were the council members.  If you weren’t able to attend or watch, the video has already been posted.

Part of the discussion circled around what would or would not be paid for by AAF with respect to crossing improvements, and the costs for maintenance after the fact.   AAF said that the City would have to apply for Quiet Zones from the federal government before AAF could give them an estimate of the tehnical improvement delta (if any) between ‘Sealed Corridors’ (which AAF would cover) versus Quiet Zones – which they would not.  AAF was firm that maintenance costs would be performed by the City, under existing contracts with FEC.  But there were no estimates of whether those would be lower (due to improved crossings) or higher (due to much more elaborate crossings).   So questions remain.

Nor would AAF say what their fare estimates would be yet.

Additionally – AAF intends to market point to point travel to consumers – eg arrange for pickup at a location, deliver the rider to the train, and then provide for transportation to their final destination.  The rider would not have to worry about finding transportation to/from the train.  Also – they expect the final Environmental Impact Study (EIS) to be out shortly.

AAF made it clear that answers about freight would have to come from their ‘sister’ company, and increased freight traffic would be accommodated by either longer trains or stacked cars.  Answers would have to come, if any, from a workshop with the freight part of the company.

Signs, Traffic and Trains just some of the topics covered

SAVE THE DATE – FEBRUARY 26 AT 7PM CITY HALL – ALL ABOARD FLORIDA WORKSHOP specifically to answer the questions asked by Palm Beach Gardens in this letter by Mayor Premuroso.   It is hoped that the AAF spokespeople will address only these specific questions and not make another general presentation.

The City Council meeting had technical difficulties on February 5th.  The displays were down, so minimal physical visual aids were used for each of the agenda items. The presentations for the items will be made available on the City’s website on Monday.  Nevertheless, a lot was covered in the meeting.

Throughout the meeting, as at the last two, members of the Council lamented the passage of term limits either overtly or indirectly. It was also assumed by all on the Council that Councilman Levy would obviously be re-elected and become the sole pool of knowledge and wisdom in the coming years.

All Ordinances and Resolutions passed 5:0.

• Human Signs – While 4 people spoke against the proposed changes (Iris Scheibl, Jamie Gonzalez, Julie Poos, and Susan Cohen) 3 of which were small business owners or potential owners who depended on sign-wavers for consumers to find their stores, the Council was unanimous and adamant that Human Signs posed a significant danger to the public and were causes of accidents waiting to happen and must be stopped now. They did request that staff contact those who spoke and other potentially affected owners to see if a timeframe compromise could be reached somewhere between 12 days total and 365 days – which was definitely out, and that 2nd reading should reflect that change. (One of the speakers mentioned that Frank Cerabino had written a humorous piece on the subject entitled Curb on Human Signs is Aimed at Hiding Poor.  Perhaps he was the one who truly got to the heart of the matter…)

• Gas Station Signs – staff worked with the gas station owners and came up with signage that they (and the Council) believe meets the goal of informing the customers without the clutter and confusion of the County passed ordinance requirements. They will bring it as an Ordinance for second reading in March, in order to have passage by April. It was suggested that the County look at the City’s solution and perhaps adopt the modifications into the County’s ordinance.
• Fire Station No. 2 replacement – staff presented all the paperwork and forms as if they were a non-governmental entity. All were congratulated on their team working relationship.
• Nativity Lutheran Church was granted a two year time extension on their modular buildings and complimented on their fine landscaping and maintenance of those buildings, as well as their good works.
• The Central Gardens PCD plan to replace a 57,500 square foot retail center and 40,784 sq ft office building with a 140-bed Assisted Living Facility was hailed as a marked improvement as it would significantly reduce projected traffic on the Central Blvd/Hood Rd intersection by 54%. The requested 75 parking spaces would also be significantly less than the 200-250 spaces required for the already approved retail/office complex.

Comments from the Public included:

• Kevin Easton and Carol Courtney from the 40th Terrace/Sunset neighborhood, expressed their frustration with continued issues and perceived poor communications
• Sal Faso of the North County Neighbohood Coalition (NCNC) described an upcoming vote (2/11 at 9am – see agenda here ) by the Solid Waste Authority (SWA) to import expired pharmaceuticals from out of state to be burned at the new incinerator.  He was asking that the City speak out against importing the trash.  While the Council did not pass any kind of resolution, they volunteered Council member Levy to attend the meeting and express technical objections to the proposal.
• Drama was anticipated – at least by media with respect to Avenir – which was not on the agenda.  Former County Commission Karen Marcus and Jupiter Inlet Colony Commissioner Chip Block, along with others opposing Avenir were planning to speak but did not do so. But Jack Weir spoke on behalf of the project, and Rosa Schechter of Avenir Holdings invited the Council to visit the actual site and observe how degraded it is.   Tony Doris covered this in his article Marcus Holds Fire on Avenir .

First Responders Honored; All Aboard Florida Concerns voiced; No Charter Review

Mayor Premuroso kicked off the January 8th City Council Meeting by reciting Governor Scott’s declaration of Florida First Responder Appreciation Week, and honoring all those from the City’s Police Department and Fire/Rescue, many of whom were present at the start of the meeting. Ed McEnroe gave a presentation on the impact of the Honda Classic and described plans for the upcoming one starting February 23rd.   (see Palm Beach Post article on the Honda Classic).

During Items of Resident Interest, several of the council mentioned the Economic Update meeting they attended by Hank Fishkind, with a sunny outlook for Palm Beach Gardens. The Post summarizes Mr. Fishkind’s presentation here.

City Manager Ferris stated that the City received a response from All Aboard Florida (AAF) to a letter sent on behalf of the City by Mayor Premuroso. The City’s letter (read it here) had 19 questions concerning the impacts of the expanded rail service on the City.   AAF’s response addressed none of them. The Council directed Mr. Ferris to set up a workshop with management of AAF (not the Marketing team) to answer their questions. Council frustration about AAF was evident later in the meeting during  Comments from the Public, when resident Marilyn Klausner, addressing the Council for the first time, questioned why no one in the Cities and the County Commission were doing anything to stop All Aboard Florida. The Council described actions taken, but Council Member Tinsley summed it up best by stating that the Railroad was there first and that the cities had to have permission from FEC to cross it’s tracks rather than the other way around. Note: While the Council (and PBGWATCH) were under the impression the US Coast Guard would be our last line of defense due to impact on marine traffic, an article in the paper on Friday quoted the Coast Guard as saying the recent public meetings on the bridges were not primarily about AAF.

Another topic discussed by the Council was whether there was a need for a Charter Review. After some discussion it was felt that the last two elections (2012/2014) had Charter resolutions and thus there should be no action taken in 2016 on any charter changes. Since the Council would be changing due to term limits – let the new council deal with it.

Comments by the Public generated most of the discussion for the remainder of the meeting.

• Alton Neighborhood Plat 1 was on the Consent Agenda and two folks (one from Boca Raton and the other from Palm Beach Gardens) spoke against any development on the Briger Forest. Council Member Levy rebutted claims made by the speakers about the pristine nature of Briger, which he said already had a damaged water table, and was surrounded by highways. He also rebutted the claim that the gopher tortoises would be destroyed – as all would be moved elsewhere and that Frenchman’s Forest had a similar habitat with lots of tortoises. Levy also stated that the property had alway been slated for development in the City’s plans.
• Kevin Easton, resident from the Sunset Drive neighborhood, spoke about December’s meeting, where it was decided to begin Eminent Domain proceedings against him for not ceding an easement on his properties. Kevin also spoke about the County’s attempt to lump in canal ownership in the transfer to the City. Mr Ferris agreed that the County did try that in the beginning but was rejected by the City. Council Member Tinsley, as she did last month, reiterated that every residence in Palm Beach County has required easements and right of ways and no one is paid for those easements. Mr. Easton was NOT going to lose his property, but have an easement as does everyone else. And if he wanted payment, while all his other neighbors did not, then it would only be fair that all in the community be paid. (We hope that this can be resolved amicably)

Save the date January 29th for an FDOT Kick Off Meeting Phase 2 Study of the I-95 at PGA Blvd/Central Boulevard.  More details in a separate post.

Artistic Bus Shelters and Eminent Domain Dominate Mtg

What we expected to be a brief meeting took a little bit longer on Thursday, December 4th.

The agenda began with a very uplifting presentation on the results of the 9th Annual Mayor’s Veterans’ Golf Classic which in total awarded $29,114.47 to the West Palm Beach VA Medical Center. The sponsors were honored and many staff participated on their own time for this worthy cause.

The Annual Investment Update generated a little discussion on whether or not interest rates would be rising any time soon and in support of the strategy to focus the bulk of investments in 1-2 year bonds.

Presentations were added to the agenda:

• Artistic Bus Shelters – 13 locations were identified based on passenger usage and by virtue of the Consent Agenda approval – those would be the sites for the shelters. The contract approval was also in the Consent Agenda – and manufacturing of the shelters could begin in early January with a target to have them all in place by summer.
• Neighborhood Improvement Assessment Program (NIAP) at 40th Terrace/Sunset Drive
  • The roads have been transferred/accepted from Palm Beach County and one payment is still outstanding
  • Two contracts have been awarded – one for the water and the other for the roadwork
  • The projects can commence on January 15, 2015 and expected assessments will be $2,032.39/yr/parcel or expressed monthly $169.37 monthly/parcel.
  • All necessary easements have been obtained (for no charge) except for one big exception which was met by extreme consternation and frustration by the Council.  Kevin Easton, who has been the face of the neighborhood for several years and pursued these neighborhood enhancements wants payment for the easements on some of his 5 parcels – necessary for the water loop as well as for a Fire/Rescue turn-around.  He and the City have not come to an agreement.    Any payments to Mr. Easton will raise the costs for the entire neighborhood, according to the Council discussion.  City Attorney Lohman recommended that the Council approve Eminent Domain proceedings, which he assured them would go through.  Legal costs incurred would also be spread to the project costs.  The Council voted 5:0 to commence with the proceedings.  All hoped this can be resolved without such an action being taken.  Mr. Easton was not at the meeting and so his side of the argument was not represented.

City Manager Ferris gave quick updates on the stormwater inspections, swale repair, referenced the Palm Beach Post article on RAIDSONLINE , an excellent presentation made by Natalie Crowley at the Business Development Board Forum, The 31st Annual Holiday Bazaar underway now and the Holiday Joy Drive.

Council member Tinsely recused herself on the Azure Plat resolution – which passed 4:0 and the remainder of the Consent Agenda passed 5:0, as did first reading of the Budget Amendment. There were no other items for council discussion or a City Attorney Report.

All on the Council wished everyone Happy Holidays.

Note that the January City Council Meeting will be on January 8th at 7pm.

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