Possible changes to petition requirements for citizen initiated ballot questions

The City Council had a relatively brief meeting on Thursday night.

Police Contract

The item with most financial impact to the city was the ratification of the 3-year contract with the Police Benevolent Association (PBA), who represent the Gardens Police. The contract provides for a 2.5% rise in base pay over two years, and requires the union to make a contribution to the pension plan. The contract is expected to cost the city about $1M for its 121 Police employees. The Council, each in turn, congratulated both HR and the union for reaching the agreement, and thanked the police force for being patient during the hard fought negotiations.  It was felt that the contract would address expected retirements, allow for promotions from within as well as new hiring and continue to focus on addressing pension funding issues.  Kudos were given to the department for keeping Palm Beach Gardens the safe place it is.

Term Limits Petitions

A topic with potential long-term impact to city government was discussion related to a lawsuit served against the City earlier in the day by a group seeking Term Limits for the Council.  (See the PB Post article.)  The city currently requires that citizen initiated referenda on the ballot require petitions from 15% of the registered voters, (approximately 5800 signatures). State statutes only require 10% or 3900.   City Manager Ferris and City Attorney Max Lohman both suggested that an ordinance be introduced in April’s meeting to reduce the requirement to the state’s 10% which would resolve the lawsuit as well as make it easier for citizens to engage with their government.  (Given that less than 10% typically vote in a municipal election, and a candidate only needs 1% to get on the ballot, this sounds reasonable.)  Mr. Lohman pointed out that it is an enabling ordinance that has the requirement and not the Charter (which only states “The qualified voters of the city shall have the power to institute initiative and referendum procedures as provided by general law of the State of Florida.”).  Thus, it will not require a ballot initiative to make the change.  Members of the council opined that the initiators of the lawsuit could have come to the council to make the request for such a change instead of resorting to a lawsuit.

The topic expanded to include discussion of a much needed Charter Review – with all the council agreeing that the subject needs to be brought up again.

40th Terrace Project

Another item that has been the subject of discussion over many months was the issue of services to the neighborhood of 40th Terrace and Sunset Drive.  Sufficient responses had been returned to the city to allow for the next step – having an informational meeting / open house for the residents of the area in order to explain what can be done for water and sewer improvements and to answer any questions they may have.  The open house will be on March 24th from 6pm-7:30pm.  Affected residents will be notified and a posting will also be made on the city website.

Honda Classic

The success of the Honda Classic was described by Councilman Joe Russo.  City Manager Ron Ferris also pointed out that the close marketing partnership with the Honda Classic website led to many more hits for the City’s website from all over the world and that the marketing partnership will continue in the future.

Public Comment

Residents speaking during Public Comment were:

• Ruth Peeples requesting more information on the confidentiality agreement with the stadium proposal as the document disclosed under a public records request wasn’t signed by anyone on the council or the city manager.  The City Attorney explained some of the relationship between the Business Development Board and requirements of State Statute 288.075.  Note: Similar questions had been raised by Vito DeFrancesco and former mayor Mike Martino – so the transparency/handling of the stadium proposal remains a citizen concern.
• Michael Peragine (candidate for City Council Group 3 and on the board of Palm Beach Gardens Needs Term Limits) took issue with the council comments on the lawsuit, stating that many emails had been sent to both the administration and council requesting such a change with no response.  He also spoke in favor of a Charter Review and was strongly in favor of the PBA Contract.
• Sheldon Rich thanked the Council for all they do and praised the city.  He was upset by the negative politicking during this election cycle and negative press for the City as a result, and suggested that those who are unhappy should consider moving out.

All Ordinances and resolutions on the agenda were passed unanimously.

So save the date – April 3rd for the next City Council meeting and remember to vote on Tuesday March 11!

Thanks to resident Steve Tarr – who once again recorded the meeting in its entirety and posted it on Youtube – view it  here.

February Council – Unanimous Council Opposition to Beeline Flyover

Even when the City Council meetings are well attended, very few in the audience stay until the meeting is adjourned.  Thus there was hardly anyone left to hear the final discussion of the evening about the proposed flyover at Beeline and Northlake, prior to adjournment.

(Listen to the meeting audio at timestamp 2:18:34)

Councilwoman Marcie Tinsley interrupted the motion to adjourn to propose a statement of solidarity for Councilman Eric Jablin who is going to the next meeting of the Metropolitan Planning Organization as the Council’s representative.  The meeting is expected to discuss the proposed Northlake flyover of the Beeline Highway and railroad tracks, and she wants Mr. Jablin to be authorized to convey the Council’s unanimous opposition to the proposal. As the flyover is intended to accommodate the increased traffic as western development picks up, this will signal their opposition to western growth as well. The vote was unanimous to give Mr. Jablin this authority for the MPO meeting, and staff was directed to bring back a resolution at the March meeting to formalize their opposition.

Ms. Tinsley explained that they don’t want to encourage western growth, and that there had been a lot of talk back and forth with PGA National residents over this. She stated that they do want to encourage proper buffering like DOT did for neighborhoods next to turnpike in the past.

Councilman Joe Russo moved to have Mr. Jablin lodge Palm Beach Gardens’ objection to the  flyover, which he said has been lodged before.  Joe wants the formal Resolution to go to elected officials, to MPO, DOT, etc plus have work done to justify the really good reasons why it shouldn’t be done.

The state plans to widen Beeline, which has a special designation, to the north and to the south.  DOT wants a flyover at Northlake as part of the project, to improve traffic flow on both roads, and accommodate the expected increase in passenger rail traffic crossing Northlake.

Presumably, when the resolution is discussed in March, the Council will further clarify their opposition to western growth, including Avenir.

---

The February 6th City Council meeting had a little bit of everything.  There were lots of good news stories among the Presentations:

• The Dwyer High School Football team was honored for its State Championship in 7A Division Football.
• The Mayor’s Annual Golf Tournament raised $27,000 for Veterans; the timing of the tournament coincided with the re-opening of the City Golf Course which made it all the more special
• The annual Holiday Joy Drive in December collected toys for over 1600 children – many getting 3 or more gifts.
• Police Chief Stephen Stepp presented the Annual Crime Report – a very positive story adding to what makes PBG a great place to live, learn, work and play. The report is available online.
• Beth Kigel, President and CEO of the NPB Chamber of Commerce described the multi-phase effort with focus groups and surveys to develop a Brand for the 10 municipalities which comprise Northern Palm Beach County for future use by the Business Development Board
• The Honda Classic is also instrumental in marketing Palm Beach Gardens  all year – not just during the upcoming event.  An excellent video highlighting the benefits of the city was played and will be shown during the event.

Public Comment:

• A member of the PGA Corridor Association gave their monthly kudos to the City Council.
• Steve Barnes, resident of Shady Lakes, described the significant increase in traffic on PGA Blvd and Military Trail.  There was significant discussion by the Council on lack of North/South arteries or reliever roads.  Councilwoman Tinsley said that the County will be implementing an automated traffic light system that should help a little bit with the backing up at signals but all agreed that East of the Turnpike, Military Trail was the major north/south route.
• Ruth Peeples cited a 2005 plan for the regional park (that would have been the site for the proposed stadium) as a passive park with a nature center/visitor center like McArthur Park.  The Council advised her to speak to the County, and warned her that the BCC was unlikely to favor a passive park over a different designation.

As is usual, except when an agenda item is controversial, most of the audience left the room after Announcements and Presentations.   The Consent Agenda and all Ordinances and Resolutions in the Regular Agenda passed 5:0 with little discussion or comment.

Under Items for Council Action/Discussion:  The 40th Terrace and Sunset Drive project is still awaiting more responses from the property owners in the area.  Councilwoman Tinsley asked that rather than wait for the minimum number of responses to be received, why not schedule the next step – a Workshop.  After a bit of discussion among the Council and City Manager Ferris – they decided to give it another month and schedule the date for a workshop at the next City Council meeting.

January Council – Has Peace Returned to the Gardens?

By a 4-1 vote, the City Council last night closed the door on a baseball stadium at the 117th street location. Councilman Joe Russo, in a much anticipated move, proffered the motion to stop all work on the site plans, to assist the county in searching for alternate locations, and to require that if a similar proposal ever comes back to the city, that it should come to the council first – in full view of the residents.

In a well crafted explanation for the move, Mr. Russo referred to his request several months ago that a detailed proposal by the teams be presented for evaluation. Since none has been forthcoming, it is time to move on and let the residents of Bent Tree, Shady Lakes, Old Palm and the other neighborhoods in the vicinity get on with their lives.

Introduced during the “Items of Resident Interest” section of the agenda which is usually filled with lists of council members personal activities and other trivia, the motion was made and carried with little council discussion, or prior comments from the public. When residents were allowed to speak, much of the thunder was gone, including the comments by Old Palm resident and former Economic Council Chairman Larry Brown whose text was published yesterday on the Palm Beach Post website. Most applauded the move but used their time to get in a few licks about the process and to call for the repeal of Ordinance 16 (uplands set-aside exemption for government owned land), which opponents claim was passed to enable the stadium. Shady Lakes resident Vito DeFrancesco proposed that repeal would be evidence of “good faith” on the part of the council. PGA Corridor Association co-founder Tom Cairnes dissented, saying the city was missing out on an opportunity. When he added that it was the residents close by who were the biggest losers as their children will not be able to utilize the practice fields, there were jeers heard from the red-shirted residents.

The lone dissenter, David Levy, who was Mayor when the proposal was first brought to the city over 18 months ago, did not explain his vote from the dais, but told us during the break that he objected to closing the door on something that hasn’t yet been fully described. Agreeing that the matter could have been handled better, he thought that many of the residents concerns with the site could have been addressed to their satisfaction if discussed in a less political environment. The confidential disclosure rules under which the city was bound had limited the options for engaging with residents. In any case, he supports the decision of the Council and would oppose the project if it was brought back to them.

Present in the audience were the three challengers in the March Council elections, at least one of which was prompted to run on the stadium issue alone. The issue had the potential to bring a lot of new participants into the normally low-turnout election, and time will tell whether they are still engaged two months hence. Although the issue is resolved for now, the conditions that led to the dispute in the first place are still lingering and issues of honesty and transparency could still dog the incumbents.

---

In other Council actions, Ordinance 19 (the companion to 16 which exempts uplands set-asides for government land under some circumstances) was passed 5-0, as were Ordinances 1 (routine budget adjustments), 4, 6 and 7 (approving the Gables PCD on Northlake near the turnpike).

Resolution 5, approving a change to the setbacks in the part of Bent Tree that adjoins Shady Lakes brought comments from residents that the 50 foot ‘opaque buffer’ requirement has been ignored by Bent Tree property owners for years and the HOA has no teeth to enforce it. The ordinance, which would allow building into the current setback area is contingent on correction of the buffer issues and passed 4-1 (Russo voting no).

A discussion of televising future council meetings returned to staff for more information. The consensus was that live television would not be affordable or needed, but a webcam and archival video may make sense. Staff presented a survey of systems in Boynton, Riviera Beach and Delray as examples.

Now on to topics actually on the December City Council Agenda…

While much time was devoted to the proposed stadium in Public Comment, there were other items on the agenda at the December 5th, 2013 City Council Meeting.

Bus Shelter

Jamie Voss, assistant to the City Manager, took the Council through various alternatives on how bus shelters could be provided for key locations using various funding sources.  She presented four options ranging from $188K to $670 for 12 shelters out of a total of 163 bus stops within the city limits.  Tom Cairnes, speaking for the PGA Corridor Association, preferred one of the options with a single design used throughout.  He also talked about collaboration with Palm Beach State College for design additions and with FPL for solar lighting.  Joel Channing, also from the association but speaking for himself, said he preferred an option with multiple coordinated designs.  Both agreed that the shelters could be used for ‘branding’ the city and making it clear one has arrived at a ‘special place’.  Also speaking was Dr. Whibey – both Chair of the association and Provost for the PBG campus of Palm Beach State College.  She also spoke in support of the collaboration opportunities.

After some discussion, the council voted for Option 1 which would use AIPP (Art in Public Places) moneys for the project.  Most agreed that maximizing the number of shelters which could be built while avoiding spending taxpayer dollars is a good thing.  AIPP is funded by impact fees paid by developers.

Public Comment – other topics

Barbara Grossman spoke about a Palm Beach Post article quoting WPB Mayor Muoio on the All Aboard Florida proposed quiet zones.  Barbara said that neither the state nor All Aboard Florida have the funds to pay for the quiet zones.  So who is going to have to cover them – the taxpayers in the affected cities?

Steven Tarr (sorry if name is incorrect) suggested that the City look into either a tv station or streaming city council meetings.  Discussion veered into the city’s communications strategy, which City Manager Ferris said had been decimated by cuts over the last several years.  TV station – no – but the council did suggest that Mr. Ferris return with what could be done to stream meetings.

Ordinances 16/19, 2013

These ordinances were up for second reading after comp plan changes were approved by appropriate departments in Tallahassee.  Natalie Crowley, Director of Zoning and Planning made the presentation and reiterated that 40% of the city is already set aside for preservation; that these ordinances were not related to a specific project; that the ordinances are not retroactive and that any waivers would have to be approved by the Council.

Vito DeFrancesco, Robin Deaton, Cathy Sorkin and Bruce  Oestreich all spoke on various aspects of the ordinances – reiterating the common perception that these ordinances are being passed now due to the proposed stadium.  Additionally – the residents raised issue with proper notice given on the second reading and errors in Ordinance 19, 2013 referencing a non-existent chapter in the City’s Land Development Regulations.  While the Council did vote on Ordinance 16, 2013 – they decided to pull Ordinance 19, 2013 until January, re-notice it and vote on it (possibly both) again on January 9th, 2014.

Ordinance 20, 2013 – CVS at Military Trail and Northlake

As in first reading, Mayor Premuroso and Councilman Russo recused themselves.  After some discussion on the merits of Royal vs. Sabal palms – the ordinance passed 3:0.

40th Terrace and Sunset Drive update

A short presentation about the ongoing project showed that monthly cost for each parcel would be $267.90.  Sidewalks were not recommended because it would require ‘taking’ of land, leave too little frontage on many lots, and be too expensive.  The 2nd petition to inform and survey owners of projected costs will occur from Nov-Feb 2014 with results to be presented to the Council at the February 2014 meeting.  The Council voted 5:0 to proceed with the 2nd
petition.

Stadium Fight Kicks Up a Notch – December Council

Are you for it or against it?

This was the mantra repeated by a dozen or so opponents of the proposed stadium on 117th street, backed up by a sea of red shirts in the audience. Speakers included Bent Tree residents Cathy Sorkin and Bruce Oestreich, Vito DeFrancesco of Shady Lakes, former Gardens Mayor Mike Martino, and Mike Peragine Sr. a former mayor of a northern city.

Cathy Sorkin charged that the city has not shown the residents respect – limiting the information disclosed and proceeding with a project against the wishes of their constituents. She also reported that Roger Dean apparently is running a $1M/year deficit backed by the taxpayers – not something she wishes for the Gardens.

Bruce Oestreich expounded on the history of similar projects in Miami and Homestead that didn’t end well, and suggested the property be used for a regional park (its original purpose) rather than to support a for-profit enterprise with taxpayer dollars for a business that doesn’t care about Palm Beach Gardens.

Ruth Peeples referred to last months session where a parade of boosters – many from outside the city or employees of the city or county, came to speak the praises of the stadium. “Speakers solicited by the city” she claimed.

Mike Martino, referring to the long list of question he sent to the council and staff for which no reply has been forthcoming, said the council has offered little of substance on this issue. They should say if they are for or against it, and then “the people will know what to do.”

Vito DeFrancesco charged that the council and staff have been hiding their role in the project. A public information request he filed for communications between city representatives and the Astros management came back “nothing found” yet “someone” developed a preliminary site plan, did traffic studies, etc. Where is the transparency?

Two realtors Steve Barnes and Marc Schafler both spoke of home value impacts, people moving out, and lack of interest by prospective buyers until the stadium issue is settled.

Other speakers touched on the core issues to the nearby residents – danger to the school children from drugs, alcohol, traffic, scalpers, noise, bright lights and other ills that the stadium would bring.

In response, none of the Council would say how they felt about the proposal, saying they have to keep an “open mind” until a formal proposal is on the table. It was suggested that the sea of red shirts did not represent the city – that many people who support the stadium just didn’t come out tonight. The audience was invited by Mayor Premuroso to “keep coming back each month” to make their views known. Joe Russo suggested that the issue was “bigger than the city” and with the future of baseball in South Florida at stake, the county and state have an interest in the outcome. He may not have meant it this way, but it came across to the audience as “we may be asking you to make a sacrifice for the greater good..”. Perhaps a diminished quality of life and declining property values for “the 5%” is a fair price to pay to save baseball in South Florida?

Many of those opposed to the stadium location wore red shirts. Both councilman Russo and later councilman Jablin, fully knowing the significance of the shirts, jested that they were already dressed for the Christmas festivities (caroling and Christmas bazaar) during the weekend. The residents were NOT amused.

It is clear to an objective observer that this entire issue has been mishandled by the city. Going to the residents first and getting buy-in from those most affected would have avoided the bitter fight that is coming. Instead we got secrecy (the County Business Development Board and Sports Commission and others meeting with the teams out of the public eye), the public statements by the team owner that it is a “done deal” before anyone had heard of it, and a continued lack of information coming from council and staff. The good reputations of the city leaders could be tarnished by this ham-handed approach. And, as one of the speakers so aptly put it: most of the mistakes that a council invariably makes can be easily remedied by repealing an ordinance – building a stadium in the wrong place could do irreparable harm.

Several speakers alluded to the upcoming March municipal election. Given the usually light turnout, if all of the voters of Bent Tree, Shady Lakes, Old Palm and the other affected neighborhoods get out the vote, then Council Members Jablin, Tinsley and Premuroso may have a tougher time getting re-elected unless they start to listen to their constituents.

For other items discussed at the 12/5 Council Meeting, see: Now on to Topics Actually on the December City Council Agenda

Stadium prospects draw large crowd at November Council Meeting

The published November 8 Council agenda was light – only a couple of project approvals and some board appointments. Yet opposition to the proposed baseball stadium in the city from residents who live in close proximity to the site has been growing, complete with petition drives organized efforts by homeowners associations. Word got around that they would bring their case to the council this month during “Comments from the Public”.

The council chamber, which holds 150, was filled to capacity, with an overflow crowd in the foyer, long before the meeting got started at 7:00pm. After receiving over 40 cards from people who wished to speak, Mayor Bert Premuroso arranged them in alphabetical order and gave everyone their 3 minutes – stretching the discussion past two hours.

Positions of the speakers was mixed. By the end, over 50 residents had their say with about half in favor of the project and half against. Of those against the project, many from the Shady Lakes and Bent Tree communities adjacent to the 117th site, most said they did not oppose bringing baseball to the Gardens, but did not think the location was workable. Traffic, impacts to the children who live in the neighborhood or attend the two adjacent schools, noise, bright lighting, crime, drug and alcohol use and other concerns were raised by a succession of speakers. The proliferation of red shirts in the crowd and strong applause for these speakers, as well as the 400 signature petition presented to the council are all evidence of a strong and growing opposition to the perceived plan.

Supporters of the proposal included a varied group representing business interests (PGA Corridor Association), baseball interests (manager of Roger Dean Stadium, people associated with the Marlins, coaches and officials of local sports, people connected in some way to city or county parks and recreation, the executive director of the PBC Sports Commission), and others who pointed out the economic benefits that could ensue from the stadium. Given the advance warning of the opposition speakers, this parade of boosters was clearly organized.

There is much excitement about the project from its boosters, but also a rather disturbing attitude of “we can’t let a few thousand people in a small part of the city get in the way of this great project!”. While the opposition is clearly coming from a “not in my backyard” perspective, the boosters willingness to reject their concerns in favor of “the greater good” suggests trouble down the road.

Toward the end of the comment period, County Commissioner Hal Valeche, himself a former Gardens Councilman, took the microphone to point out that the county has not taken a position on this project yet and is waiting to see what the city proposes. He pointed out that two of the boosters – Roger Dean manager Mike Bauer and Sports Commission director George Linley, who are county employees, were not authorized by the county to speak in favor of the stadium.

A few of the speakers who were not either for or against the project, pointed out that there are still a lot of unanswered questions, particularly about the finances, and both sides should curb their enthusiasm until more details emerge. Former Mayor Michael Martino, who was present but did not speak, has sent the council a multi-page list of questions that need to be addressed by the council in a workshop. The questions address transparency, finances and the implications to the Comprehensive Plan. (See his questions on PBGWatch HERE.)

The Council listened intently to these two hours of comment and took the concerns of the nearby communities seriously. Mayor Premuroso stressed that the project is in its very early stages and although it is appropriate to consider the effect on baseball in South Florida, the council will do nothing to jeopardize the city’s finances or top notch credit rating. Joe Russo, noting that the uncertainties surrounding the project are causing people “a lot of angst”, said we are “not going to save baseball at the expense of Palm Beach Gardens”. Marcie Tinsley listed transparency as a key goal in anything they do, and suggested that the purchase of the 82 acres from the county should be considered regardless of whether the stadium project happens. David Levy indicated his opposition to selecting an alternative site in the west (eg. near the airport or Avenir) and thought the purchase from the county should be considered, even if just for local sports fields. Eric Jablin compared the neighborhood concerns to the way he felt when the airport was constructed near his home in PGA National – there are ways to make it work. He stressed that the teams and the city are not yet close in the negotiations. He also said “trust us” but verify.

At the end of the session, Joe Russo suggested that we can’t leave this hanging and wants to see a full set of facts on which to make a decision by year end. He asked City Manager Ron Ferris to step up the talks with the teams and the county and try to meet that time line.

Stadium discussed at October 3rd Council Mtg – Save the date for the 10/16 Workshop!

The proposed baseball stadium came up at several points in the Thursday, October 3rd City Council meeting. Early in the evening, City Administrator Ferris announced that there will be a Public Workshop to be held at the Double Tree Inn on October 16th. This had also been announced in the Palm Beach Post earlier.  Written invitations will be mailed to residents in subdivisions directly adjoining or affected by the project, however all are welcome and encouraged to attend the workshop. Save the date! More information as well as FAQs will be posted on the Palm Beach Gardens City website in advance of the workshop.

Councilman Joe Russo countered the media, which had quoted the deal as almost 95% complete.  Overall, the tone by all on the council, (as pointed out by some making public comment), was that the Council wanted the stadium deal to happen, but they haven’t yet started selling it to the public.  “We’re going to make this happen the right way“, said Russo.

Sal Faso, President of the North County Neighborhood Coalition, made an informative presentation about the coalition which includes communities from West Palm Beach up through Tequesta.  One of the coalition’s key goals it to get accurate  information to residents of member communities.  Avenir was of concern to his group and they were eager to hear more about the stadium.

During Public Comment, Tom Carnes of the PGA Corridor praised the ballpark, as did Joel Channing – also of PGA Corridor. Others, including Lauren Miller, Mike Peragine, Iris Scheibl and Richard Rosenblatt were concerned about hearing about the stadium first through the paper, expressed general anxiety on how much seemed to have already been decided, looked forward to additional information,  and questioned the potential tie-in of the stadium to the later agenda items Ordinance 16, 2013/Ordinance 19, 2013, and related zoning issues.

Ordinances 16 and 19 were presented as a single item, since both are necessary in order to accomplish the waiver criteria and 25% set-aside capability.  Director of Planning and Zoning Natlie Crowley presented the ordinances and credited Councilwoman Tinsley’s questions from the September meeting and her involvement with the team in making it a better and more solid set of proposals.  Public comment included – Vito DeFrancesco who was concerned that the comp plan changes could jeopardize wetlands and historic properties. Responses by Councilman Levy and affirmation by Ms. Crowley were that there were federal and state regulations that would prohibit such actions.  Barbara Grossman related the proposed changes to Seven/50. Iris Scheibl was concerned that the criteria would allow almost any project to be approved, whether there were mitigation requirements for governmental entities as there were for private developments and finally – asked if the stadium project be completed without these ordinances. Mike Peragine seconded the question on the stadium. Answers given were that the comp plan changes were not required for the stadium, that they could be applied to other upcoming projects, and that mitigation would still be possible with the comp plan changes. The Council’s vote was 5:0. The Comp Plan change will now go to Tallahassee, where after approval, the two Ordinances will once again appear for 2nd Reading, most likely in the November time-frame.

Also passing 5:0 were Ordinance 17 (2nd Reading) – rezoning and site plan approval for the Chase Bank to be located near US 1 and PGA Blvd; Ordinance 18 (1st Reading) – which would achieve a voluntary annexation of the land associated with the former Capital Lighting and Parking lot), and Resolution 58, 2013 – which was a modification replacing the fountain in front of the Waterford Hotel with plantings and renovated sculptures.

The Greenmarket also begins its Eleventh year on Sunday, October 6th.  The Council gave its thanks to Joel Channing for hosting the Summer Greenmarket at his facility.

We all have a lot of questions about the impact of Baseball on our community – so make it a point to get to the Workshop on Wednesday, October 16th.  Let your friends and neighbors know.

 

Public Comment dominates an otherwise short Final 2014 Budget Hearing

The Final Budget Hearing on September 19th went smoothly, as expected. So too did the 2nd readings on the 2013 budget update, and the changes to the Investment Policy.

More interesting were the topics brought up during Public Comment.

Polly Taormina  from Sun Terrace at the Oaks, spoke about the subdivision’s reroofing project which she believes is being done improperly and not in accordance with the Master File. City Administrator Ferris directed several managers from the City to meet with Ms. Taormina immediately after her comments.

Barbara Grossman spoke about 7/50 and Agenda 21 – wanting the Council to have a workshop or discuss this regional planning concept, stating that the public isn’t knowledgeable about what’s going on in the county.

Vito DeFrancesco picked up where he left off at the prior agenda meeting – stating his concerns about the proposed Stadium and Ordinance 16, 2013. He’d read in a Houston paper, that Palm Beach Gardens is very close to a done deal on the Stadium – yet there is nothing in the upcoming document on PBG accomplishments in 2013 about the Stadium. He felt that the City would be the developer and as such, would have a conflict of interest in deciding the Ordinance. He wants to see everything that has done to date on the Stadium and has received nothing to date from his records request. Vito felt but couldn’t prove there were Sunshine violations and that City money has been spent on exploring the stadium, despite assurances that there would be no impact to residents. Councilman Russo took strong issue with any claims violations of Sunshine law, stating that he has seen no plans. He also took issue with the Council being classified as developers. He said it was no different than exploring any park and that looking into this IS THEIR JOB. There is nothing to tell the public yet because there is nothing to say yet.

City Watchers – continue to monitor what is said about the Stadium and Ordinance 16, 2013 when it goes back on the agenda at the October 3rd City Council Meeting. See  a summary of the discussion on the ordinance at the September 10th meeting.

 

September Council – from Budget to Domestic Partner Benefits

2013-2014 Budget

Key on the September 10th Palm Beach Gardens City Council meeting was the First Budget Hearing on the 2013-2014 budget. Allan Owens, Finance Administrator took the Council through an easy to follow presentation highlighting actions taken and economic factors that improved the City’s financial picture. These included:

• 2nd year in a row that property values increased
• Proactive dealing with both Police and Fire/Rescue pensions
• Strong reserves position

The Budget Oversight Committee, chaired by Dr. Mark Marciano also stressed that they were satisfied with the budget and its diversification and he congratulated the city on our improvement in the Fitch Bond Rating.

An other point made by staff was that ad-valorem taxes, while still the largest source of revenue, are a smaller percentage than in most of the other municipalities and that our revenue stream is appropriately used for intended purposes. An example made earlier in the evening was that funding for Bridge Refurbishment comes entirely from Gas Tax revenues.

The council was pleased with the presentation. However Mr. Russo, looking at the 5-year outlook, suggested that should inflation or increased valuations pose tax increases on the residents, that Operating Millage be brought down accordingly. The 5-year projection showed flat operating millage and a downward trend in debt millage. The council was in general agreement with Joe’s comments and the budget passed 5/0.

Final millage is “a proposed operating millage rate of 5.7404 mills and debt millage rate of .1733 for a total tentative rate of 5.9137 mills for fiscal year 2013/2014” and “the proposed rate exceeds the roll-back rate by 2.4%”. The final budget hearing will be on September 19th at 7pm.

Ordinance 16, 2013

This proposed Amendment to the Comprehensive Land Use Plan resulted in quite a bit of discussion. Natalie Crowley, Director of Planning and Zoning, presented a city-initiated proposal to exempt all government-owned/publicly-owned lands from the requirement to set-aside 25% of the upland property for conservation. Palm Beach Gardens in unique in the County for already having over 40% of total land dedicated to conservation. Ms. Crowley argued that the city of Boca Raton and Palm Beach County have similar exemptions and it would make handling government development for the public good easier.

Vito DeFrancesco spoke very skeptically about this proposal. He suggested that the amendment was driven by the proposed Stadium, and was concerned that the currently wooded land – across from two schools, would be cleared for such a project. He also believed that the proposed site might have been purchased under a bond that required that the land be wooded in perpetuity.

Council discussion ensued. Mrs. Tinsley was strongly against the proposed amendment. She argued that it is easier to make an exception or mitigation to a proposal to avoid the 25% set-aside than it would be to try and force the 25% set-aside if exempted. The council may not share views toward land management in the same way in the future. She would be amenable to changes that would keep the requirement but allow for waivers. Mr. Levy also had problems with the proposal. Mr. Russo, while not opposed, would not vote for it if 2 on the council had issues. After further discussion involving all the council and the City Attorney, it was decided to table the amendment until October 3rd.

This ordinance warrants watching and comment by the Public at the October meeting.

Benefits for Domestic Partners

At the end of the meeting, City Manager Ferris brought up providing additional benefits for Domestic Partners/Same-Sex Marriage employees. Some benefits had been provided since 2007. Mr. Ferris suggested that cost to the city would range from $50-$100k on an annual basis, and that the government (labor law) has strict definitions and criteria for domestic partnerships and for children of such partnerships. All on the council felt that the City’s economic situation had improved sufficiently to allow for this expansion and asked Mr. Ferris to come back with a plan.

Other topics for the evening included:

• Bridge Refurbishment – of the City’s 7 bridges, 4 were built in the 50’s and 60’s and need to be upgraded to meet FDOT standards. First on the list is the bridge on Lighthouse Dr in 2013, and next is Allamanda – which will be done in the summer of 2014 – since the bridge will have to be closed. All bridges will be completed by 2017.
• 40th Terrace/Sunset Drive – Possible utility plans were shown, some of which may necessitate land acquisition or right of way for roadway and easements. Eminent domain would only be used if owners wouldn’t deed land for the easements. The current schedule is unchanged from last time it was shown; in Nov-Jan a meeting will be scheduled with the homeowners with final costs.
• Passed were Gardenia Isles 2nd reading, proposed modifications to the investment policy, and the first reading of the proposed Chase Bank on US 1 passed.
• The City Golf Course is on schedule and budget with a soft opening targeted for mid-November.
• The Green Market will open on October 6th.

August Council Approves Briger Tract NOPC

Briger Tract

---

At the August Council Meeting last evening, modifications for the Briger tract development plan were proposed, providing new detail for the design of two intersections on Donald Ross Road, and a Notice of Proposed Change (NOPC) was approved. As this development is a “Development of Regional Impact” (DRI), affecting other jurisdictions including the county, FDOT and the town of Jupiter, the change was approved to be sent to sent to the Treasure Coast Regional Planning Council and others.

There are two entrances planned for Briger from the north, both opposite Abacoa – one at Max Planck and the other at Heights Boulevard, affecting the traffic flow east and westbound from Abacoa. These intersections bracket Parkside Drive, the major intersection east of Abacoa Golf Club which currently has a traffic light, and both will require lights in the future, making a “gauntlet” of 5 traffic lights in just over a mile from Military Trail to I-95. These lights will be constructed after traffic conditions require them (as specified in the NOPC) and since the build-out will take many years to complete, may not be soon.

The town of Jupiter has registered some objections to the plan, regarding imprecise language used and the absence of a requirement for the developer to obtain the right of way for widening the intersection at Heights. Jupiter Town Manager Andrew Lukasik and Councilman Jim Kuretski attended the meeting and registered their concerns.

The development, intended as an expansion of the Scripps biotech cluster, plans 2.6M sqft. of industrial/research, 1.2M sqft. of office space, a 300 room hotel, 500K sqft. of retail and 2700 residential units. It was approved by the City Council on April 1, 2010.

Other Items

---

At the start of the meeting, Kim Delany, Strategic Development Coordinator for the Treasure Coast Regional Planning Council (TCRPC) gave an update on plans for rail expansion in south Florida, including Tri-rail. She noted that many grade crossings will have to be enlarged to accomodate the nortward Tri-Rail extension, several of these in the Gardens, which may have a budget impact in coming years.

Finance Director Alan Owens reported that the Fitch rating agency has upgraded the Gardens debt to AA+ with outlook to positive from stable, citing progress on pension reform among other things.

A report from Carehere – the city’s clinic operator for employees and retirees showed trends of declining costs and improving measures of employee health.

In other actions, approval was given for:

• The PGA Plaza expansion on second reading
• Ordinance 11, 2013 – A complex “clean-up” to the Land Development (chapter 78) section of the Code of Ordinances
• An exception for larger signage on the upper facade of the Mellon Bank building in Gardens Plaza
• “The Learning Center”, a 10,000 square foot day care center in near PGA National in the LA Fitness Plaza

Also, rezoning was approved for Gardenia Isles, a proposed development next to Trinity United Methodist Church on the north side of Military Trail. The Kolter group plans to build a 21 home development, surrounded by an 8 foot tall vinyl coated fence. The development is adjacent to the Ballen Isles entrance, the plan is supported by that community’s HOA.

These items were approved unanimously 4-0 (Councilman Russo was absent).

« Previous Page — Next Page »