“Artistry”, Art, Live Theater and $30 Million Bond Awarded to PNC Bank

This month’s agenda was long and so was the City Council Meeting – however all was completed within about 3 hours and all items were passed 5:0 except for the Second Reading of Ordinance 3, 2017 which passed 3:2, as it did on First Reading.  Mayor Tinsley and Council Member Premuroso both voted against, citing that their concerns and comments were unchanged from last month.  A brief summary follows of key discussion items.

Presentations:

City Attorney Lohman gave an overview of a draft ordinance on how to deal with reasonable accomodation for disabilities. While applicable to Sober Homes, the ordinance would apply to all and would entail a set of procedures, annual recertification and associated regulatory costs. The State Legislature is also proposing bills as part of their Sober Homes Task Force. See Sarah Peters’ article: How a new rule could help gardens keep tabs on sober homes. 

Items of Resident Interest:   Council Member Marino (and the rest of the Council) was pleased that in his annual presentation to the PGA Corridor Association, Dr. Hank Fishkind praised and supported the Council’s decision to go for a $30 million bond at this time, citing low interest rates.

City Manager Report:   City Manager Ferris summarized two golf-related events and then gave examples of Code Compliance success stories, and in the case of those unable to afford to bring their properties up to compliance, the coordination of volunteers to help achieve it.

Ordinances and Resolutions:

• Resolution 14, 2017 awarded the issuance of the $30 million bond to PNC Bank National Association. Their proposal was the most competitive of those submitted. Finance Administrator Allan Owens also reiterated Dr. Fishkind’s endorsement of bonding the sales tax revenue. The 3 year spending requirement was summarized once again.  Municipal Bonds are tax exempt and any funds remaining at the end of the 3 years can’t be invested at higher yields than gotten from the bonds.  Resident Kathryn Gettinger asked about the specificity of the list of projects and what happens if the County land can’t be purchased. Mayor Tinsley confirmed that the list of projects identified last month were the projects to which the money would be allocated and that progress was being made on the County’s land. Mr. Owens, in replying to a similar question also said the list was solidified but the specific costs for each project could and would be adjusted as actual costs came in.  
• Ordinance 10, 2017 placed the proceeds of the bond into a single capital improvement fund to be applied to the projects codified last month, with the addition of the Tennis Center.
• The most major modification in Ordinance 7, 2017 fixing the ‘glitch’ list on the Land Use Regulations, last updated in 2013, was a new section on Valet Parking. There was discussion among the council members on how quickly to implement and enforce the new regulations. Most felt that the proposed date of October, 2017 would allow the affected centers and businesses to be informed, apply and conform to the changes.
• First reading of Ordinance 9, 2017 repealed the original plans for the project from 2001 for the Intersection of PGA and Alternate A1A and introduced the new plans for 2 Eleven Story professional office buildings with a 3 story parking garage in between. The Council praised the artistic nature of the buildings and the picture here shows the view of the buildings from the PGA Flyover.  
• Speaking of art – Resolution 17, 2017 now permits the PGA Multiplex Cinema to have live entertainment. While no new dining options are planned, other than the usual movie theater concession choices, the owner does plan to come forward in the future to seek wine and beer licensing. Two of the six theaters will be used for live entertainment performances (such as musicals, comedians and small plays) with matinee and evening shows.
• Art (in Public Places) was also discussed in Resolution 19, 2017 which approved the latest Artistic Sculpture by Mark Fuller to be placed on Donald Ross parkway buffer adjacent to Alton PCD. The only modification made to the Ordinance was to have the sculpture lit from dusk to dawn. The stainless steel sculpture is of an Ethane Molecule.
• Resolution 18, 2017 approved “Artistry”, which is the new 469 Single Family home community as part of the Alton PCD. Homes will range from $750K-$1.5 Million on the Parcel G site west of I-95.

Overfull Agenda Spills Over to Second Day

NOTE: The February City Council meeting will be held on Thursday February 9th – save the date!

The January 5th City Council Meeting had so many topics that two of the most significant items – handling of the expected Sales Tax Surtax dollars and Future Annexation Plans for 26 areas, spilled over until Friday January 6th. Thus some of those 24 or so speakers who patiently waited until the Thursday meeting was adjourned at about 11:20 pm, had to return on Friday.

Thursday’s meeting included:

• Presentation of a check for almost $19K to the West Palm Beach VA Medical Center money raised through the City’s Annual Mayor’s Veterans Golf Classic. The PBG Police Foundation also raised $5K.
• A short video on the Honda Classic by Ken Kennerly and Andrew George, Tournament Staff. The Honda Classic dates this year are February 20-26. Big news during the week was that Tiger Woods would be participating and sales have gone ‘through the roof’!
• FDOT’s Scott Thurman, Project Manager for the I-95/Northlake Interchange project, reviewed 3 alternatives. See more details on the project website.
• Police Chief Stepp and City Attorney Max Lohman gave an update on Sober Homes. The City will participate in State Attorney Aronberg’s Sober Home Task Force. There are regulations that could be customized and implemented by the City that would apply to all rentals but would be useful. The Sober Home hotline for the County is 1-844-324-5463. See Palm Beach Post’s article here.
• Consent Agenda passed 5:0
• 2nd Reading and Adoption of Avenir’s Community Development District passed 5:0. Christine Schwartz, resident of the Acreage, spoke against CDDs in general, describing the process as ‘taxation without representation’.
• Ordinances 1 and 2, 2017 were amending and rezoning what will be Trevi Isles – a 12.5 acre parcel on the North side of Hood Road immediately West of the Turnpike. Mayor Tinsley recused herself as her husband has done work with the developer. Residents and representatives of the Eastpointe community immediately adjacent to the west of the parcel spoke against the development. Eastpointe is not a part of the City. Some of the comments made were: Hood Road safety and traffic, that when the City annexed the parcel it was to be left as wetlands, issues about drainage where Eastpointe’s drainage system and Trevi Isles would be separate. The Council voted 4:0 to pass.
• Ordinance 3, 2017 was the annual Budget amendment reconciling 2016 to 2017 realities. The amendment moves $4.5 million out of the Budget Stabilization Reserve Account with $3.67 in new, not previously discussed spending on Sandhill Crane Golf Course, Clubhouse and a Golf Training Facility.  Council Member Premuroso praised the Finance team on their handling of the Budget however thought that the Council should wait until after the election to allow the new Council to decide on new spending out of the Budget Stabilization Reserve Account. Mayor Tinsley felt similarly that some of the bigger items not currently in the Budget should be delayed. However Vice Mayor Jablin, Council Members Marino and Woods were in strong agreement that the decision should be made by the current council, were thrilled with the golf course improvements and the item passed 3:2.
• Ordinance 4, 2017 – The Annexation of Osprey Isles, Carleton Oaks, Star of David Cemetery and West Palm Beach Fire Station #8 will be on the March 14, 2017 ballot so that the residents of those communities can vote on the issue.
• Ordinance 5 established new responsibilities of the Budget Oversight Review Board to include the Sales Tax Surtax and passed 5:0.
• Resolution 4, 2017 amending the site plan for Gardens Mall will allow the new Cooper’s Hawk Winery and Restaurant in the area between Macy’s and Sears including outdoor seating. Resolution 7 will allow the development of a gated townhome community and specialty grocery in the area of Midtown at the Gardens just East of Shady Lakes. Residents from Shady Lakes expressed their concerns about traffic and safety in an area already difficult to traverse. Both resolutions passed 5:0.

Friday’s meeting covered the two remaining agenda items:

• Sales Tax Surtax – Resolution 12, 2017 on the discussion of a formal policy and plans on the spending of the expected revenues from the infrastructure Sales Tax Surtax passed in November, 2016. The revenue is expected to be about $35 million over 10 years, however the Council and staff, in less than 3 hours, eagerly and unanimously approved plans to borrow, and spend $30 million in less than 3 years. Many people came out in support of the spending on the park plans, and only two people, Council candidates Joe Russo and Kathryn Gettinger expressed caution. (Editorial comment: When one considers how much time has been spent in past meetings on details of signage, wall height and plantings for various projects, the lack of debate or discussion seems breathtaking.) For more details on the meeting see the Palm Beach Post coverage here.
• Annexation Study and Policy – Last on the agenda was Resolution 13, 2017 – a very long and detailed study of future annexation areas. Twenty-six areas were analysed for potential annexation with the policy whenever possible to be Voluntary (such as the Balsamo property annexed last year); enclaves of 110 acres or less through interlocal agreements (eg with the County), and Involuntary Annexation – such as the Carlton Oaks et al annexation approved in Ordinance 4, 2017 above. “Annexation is part of the City’s sustainable growth strategy. It is a tool to increase the City’s revenue, compact boundaries, utilize tax dollars in most efficient way, and to provide better services for residents.” There was public comment from two individuals – one had suggestions for better itemizing the benefits to annexed businesses and homeowners; the second speaker was the Village Planner of North Palm Beach. A few of the areas listed were also overlapping with future annexation areas of North Palm Beach. Discussions to resolve those overlaps were started in 2010 but were not resolved. The speaker submitted a letter from North Palm Beach to resume those discussions, as well as a letter from Karen Marcus who was unable to attend on Friday. The Council gushed over the report and plan and passed it 5:0.

Community Healing, Roads and Avenir Progress

Note: Not listed on the City’s calendar but of public interest – Vice Mayor Jablin will conduct a ceremony lighting the Menorah for Hanukkah on Wednesday,December 28 at 6pm by the tree at Burns Rd Community Center – all are welcome.

The last City Council meeting of the year was relatively short but covered a range of topics.

Candice Temple, Media Relations Manager, gave a synopsis of November 19th’s Unity Day (Palm Beach Gardens and the Anita Banks Justice for Corey Foundation), and presented a beautiful painting of Corey Jones with wishes posted during the event to Sheila Banks and Terry Banks – Corey’s aunt and uncle. See an image of the painting in Sarah Peter’s article. 

During Comments from the Public:

• I-95 Central Blvd Interchange – Don Mathis spoke in-depth on flaws in the FDOT models and assumptions used for the I-95 Central Blvd Interchange. One specific example he cited were the additional trips modeled for Kyoto Gardens Drive – 2600 new jobs but only 100 extra trips in the morning and 200 in the afternoon? Also the PGA interchange had flaws. Don said that staff has not presented an accurate picture of FDOT’s plans. He is doing this on behalf of several homeowners and by himself. Don provided staff with his documents and staff will review it in the future.
• Gardens of Woodbury (along Shady Lakes Drive) Residents Marty Gronek, David Einhorn and Scott Workman (attorney for Gardens of Woodbury HOA) asked for a wall or better noise abatement and traffic calming measures, as were provided along Shady Lakes subdivision. Mr. Workman thanked Council Member Woods for taking the time to meet with the concerned residents. City Engineer Todd Engle then gave a presentation showing the mature trees that line the road, landscaping plans, and explaining why the oak trees make a wall impractical/impossible.

First Reading of Ordinance 17, 2016 was to establish a Community Development District (CDD) for Avenir. (CDD Definition. A Community Development District (CDD) is a local, special purpose government authorized by Chapter 190 of the Florida Statutes as amended and is an alternative method for managing and financing infrastructure required to support community development.) This would be in lieu of an HOA. Council confirmed that the CDD area described excludes any of the land area donated to the City of Palm Beach Gardens. For more information see this article.

Consent Agenda Items and 2nd Reading and Adoption Items all passed 5:0.  All on the Council wished everyone Happy Holidays.

Changes to Alton and New Development for the City

Note – The December City Council Meeting will be held on Thursday December 1 at 7pm

There were quite a few items on the November 16, 2016 City Council Meeting – All Ordinances and Resolutions passed 5:0 with the exception of  Playground Equipment for Ironwood Park (pulled from Consent and discussed) – 4:1 ( Council Member Premuroso opposed) and  Resolution 77, 2016 – Appointment to Police Officers Pension Board (Council Member Woods was not present for the vote) – 4:0

The discussion on equipment for Ironwood Park Playground began when Council Member Premuroso pulled the item from Consent and suggested that the neighborhood expected a passive park, and by putting in playground equipment (including a kiddy zipline), the nature of the park had changed. Mayor Tinsley suggested that perhaps the vote be delayed for a month with signage to note what was planned for the site to solicit neighborhood input. But staff seemed to be adamant that the immediate neighbors that were reached were happy with the plans and that it should go forward without further input. Most on the Council supported the active park and the purchase award was approved.

Changes were made to Alton to add a 256-bed Memory Care Assisted Living Facility (Clarity Pointe) as well as a public park, and convert uses in other areas of the property. There was little discussion by Council and no public comment. Immediately upon second reading and passage of the Balsamo property annexation, the property was rezoned (on 1st reading) and will become, upon approval in January, a 97 single-family unit development named Ancient Tree – between Avenir and Sandhill Crane Golf Course. The council welcomed the owners to the City.

Additional development approved included:

• a 2-story bank with professional offices and drive-through ATM located on the south side PGA Blvd. near Military trail and next to the SunTrust Bank.
• the changes to Prosperity Oaks/Brookdale Palm Beach Gardens to add a memory care facility

Art in Public Places was approved for PGA National Commerce Park featuring the work of Peter Garaj. The stainless steel structure is entitled “Hands of Time”

The final discussion of the evening revolved around a long-standing issue between Frenchman’s Creek, the town of Juno Beach, the county’s Property Appraiser and the City with respect to Frenchman’s Creek Beach Club Property Tax (see Palm Beach Post for an overview of the issue from May 2015) .  After debate on whether or not there should be further meetings with the new Property Appraiser, Dorothy Jacks – the council voted to make no changes to the City’s current position, and Mayor Tinsley will inform Frenchman’s Creek.

Sober Homes Presentation Fills the Council Chambers

NOTE: There will be a second November City Council Meeting on Wednesday, November 16th.

The Council Chambers were packed at the Nov 3rd City Council meeting with citizens from primarily the Plat 1 area of Palm Beach Gardens impacted by Sober Homes in their community. City Attorney Max Lohman presented a review of the current definitions, statutes/laws and limitations on local community actions with respect to Sober Homes. His presentation can be viewed here (starting at minute 14:30); you can read a copy of the Powerpoint presentation here (you will need software that can open a Powerpoint file). Sarah Peters of the Palm Beach Post covers the Sober Home discussion.  Those making public comment expressed their frustrations as well as dismay at how such rentals were not considered commercial endeavors in residential areas.

The Council began with a presentation honoring former Mayor/Council Member David Levy for his twelve years of service to the City. He was presented with a plaque as well as a crystal gavel and made touching remarks as well.

City Manager Ferris requested that the presentation portion of the Council discussion on the Central Blvd/I-95 interchange be brought to the front of the meeting while the chambers were full. In short, the interchange hs been 18 years in the making. Development orders required a right of way for all impacted subdivisions and new residents had to be informed about the potential interchange. Alton, FPL, Paloma and Cimmaron Cove were all considered in the studies. Staff concluded that they recommended approval as is. During Public Comment which preceded the presentation Elissa Cohen, President of the Paloma HOA, Sandra Abraham also of Paloma and Dave Rebholz of Old Palm all expressed support for a new traffic study, or to put the project on hold. Don Mathis suggested that it’s the PGA/I-95 PGA interchange needed to be factored more into the plans. The Council, when discussing the topic towards the end of the agenda, praised Andrea Troutman, consultant from Pinder Troutman Consulting, the traffic engineer for Palm Beach Gardens, on her clear explanations of the studies and status of the I95/Central Blvd interchange. The Council had several questions for staff which were addressed. In related discussion, FDOT will be having “An Alternatives Public Workshop will be held on Thursday, December 8, 2016, from 5:30 p.m. to 7:30 p.m. at the Marriott Palm Beach Gardens, 4000 RCA Boulevard, Palm Beach Gardens, FL 33410.” about the Northlake/I-95 interchange. For more details see http://www.95northlake.com/public-notices.php

All Ordinances and resolutions passed 5:0. Other comments made by the public included Jervonte Edmonds of Suits for Seniors, thanking Council Member Marino, plus a member of the City’s Police department for speaking at his Career Day; Kevin Dalton, who owns 3 business in Palm Beach Gardens, suggesting that Central Blvd be renamed for either Arnold Palmer or Jack Nicklaus. (Council replied that Central is a County road). Mr. Dalton also said that he has employed people from 1/2 way homes (eg Sober Homes) and they do have to hand in their cell phone when having their group meetings so perhaps those meetings could be considered ‘treatment’ – which is forbidden in Sober Homes.

Council, during items of Resident Interest and Board/Committee reports commended staff on their outstanding preparation for Hurricane Matthew.

Update: Second Budget Hearing on 9/22 Increased Ad-Valorem Revenue 8.3% and Changed Impact Fees

Update – All Items in the 2nd Hearing and City Council Meeting on 9/22 passed 5:0.  Public Comment on a non-agenda item was made by Mary Ott regarding the City’s towing contract and her filed protest.

Mayor Tinsley remarked that City Attorney Lohman will be responding to the protest, following protocol.

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The first of two 2016/2017 Budget Hearings was held on 9/8. Most in the audience, however, were there for the presentations of the 9/11 Remembrance Essay Recipient and the Sandhill Crane Juniors Golf Team – Winners of the SFPGA Summer League.  Congratulations all!

City Manager Ferris announced more awards for the one-man Purchasing Department – 2016 Excellence in Procurement award and UPPCC award for Km! Ra – Congratulations! Ferris also showed an animated video of the traffic on 117th Ct – comparing traffic on 8/17/15 vs 8/17/16 highlighting the City’s improvements.

Public Comment included:

• Mark Marciano complementing the City’s sports fields and requesting higher fencing at Gardens Park.
• Jervonte Edmonds of Delray Beach speaking about his innovative non-profit Suits for Seniors – preparing HS Seniors on proper behavior and tips for job interviews. After an 8 week program, Seniors get a nice fitted suit for their job interviews. He currently has a program in Dwyer HS and was asking the Council to participate in Career Day.
• Joe Russo congratulated Keith Bryer on his appointment to Fire Chief.

The Consent Agenda passed 5:0

The first hearing of both the 2016/2017 Proposed Budget and the total Impact Fee Revision passed 5:0. The only public comment was by Fred and Iris Scheibl on the budget – pointing out that this is an 8.3% ad-valorem revenue increase, that this will hit non-homestead properties very hard, and to please consider splitting the difference and giving some relief to the tax-payers. Joni Alias had not planned to speak, but felt she had to counter the comments by the Scheibls, in support of the tax increase. See here for a short article on the increase.

All on the Council supported the budget as did the Budget Oversight Committee. Council Member Premuroso, who also advised the Budget Oversight Committee, spoke about the strategy during the hard times, and the current strategy of 5 years of flat millage based on revenue projections. He did not mention, however, that the Ad Valorem revenue expected in 2017 is significantly higher than projected, and almost matches the ad-valorem taxes projected for 2018…  The following chart is from page 51 of the Fiscal Year 2015/2016 Budget. 

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The second hearing for the Proposed Budget and the Impact Fee Revisions will be held on September 22 at 7pm. See the agenda here for any changes. Expect it to be a short meeting. The Consent Agenda includes one Purchase Award for a 3-yr contract/lease for a fleet of golf carts with GPS for Sandhill Crane Golf Club. The item was competitively bid and is valued at $330K.

NOTE: There will be an FDOT Hearing on the Central Boulevard I-95 Interchange on Wednesday, September 28th at City Hall.  See the Notice.

Carl Woods Takes His Seat on the City Council

The ‘new’ Council was finally complete, 5 months after the Municipal Elections. Council Member Woods, while sworn in a couple of weeks ago, formally took the Oath of Office at the beginning of the meeting and made a short, heartfelt and humorous statement.

EMS Division Chief James Ippolito described, and others spoke about the City, first in Palm Beach County, receiving the American Heart Association 2016 Mission Lifeline EMS Gold Award. Kudos to Fire/Rescue.

All Public Hearings/Resolutions and the Consent Agenda passed 5:0, with discussion on two Consent Items:

• Resolution 60, 2016, approving the crossing agreement with the City, FEC and All Aboard Florida (AAF), was described by the City Attorney. Changes to the existing agreement primarily was caused by the addition of AAF, and the construction/maintenance entailed by the addition of a 2nd track.
• Resident Vito DeFrancesco expressed concern with wording in the Settlement Agreement Alexander V. The City of Palm Beach Gardens, Et. Al.,  which sounded like the agreement was not being publicly recorded and thus avoiding Freedom of Information requests. City Attorney Lohman replied that the entire text of the settlement was in the City’s records (and in the agenda details) and that the wording of the phrase which concerned Mr. DeFrancesco, was commonly used to mean that private suits are not recorded with the County Clerk.**

Comments from the Public resulted in the most discussion:

• Sid Dinerstein, of the Palm Beach County Term Limits Committee, and initiator of the lawsuit challenging David Levy’s eligibility for office, challenged the new Council to resolve and take two votes that night:
  1) Get the people’s money back from the City Attorney for the Term Limits lawsuit
  2) Start paying for the Inspector General
  City Manager Ferris replied, during his report, that the City Attorney acted at the behest of the City. He did not address the IG Lawsuit. Nor did the Council pursue either subject later in the meeting.
• Cynthia Medley, raised an issue regarding construction of the new City Park. Her property is adjacent to the park and construction has made lights fall in her kitchen, construction seems to be happening on the weekend as well.
• Shady Lakes was the topic for Kathy Beamer and Jeff Hiscock. Ms. Beamer stated that the construction contract for the 3 parts of the project was issued in November, 2015 – several months before the plans were approved, and that her FOIA requests went unanswered on the contract. She also pointed out that each of the 3 portions of the project came in under $2 million, which is the point at which a project must go out for public bid. Was that to avoid public scrutiny? Beamer also asked once again that the 117th project be completed before starting Shady Lakes, and re-assess. Mr. Hiscock also added, ‘why the rush?’ – delay the Shady Lakes construction until next year and re-visit the vote when the new council is seated. (Note – 3 seats are up for election in the March 2017 Municipal Election). The subject resulted in immediate responses from Mayor Tinsley, Mr. Ferris and Mr. Lohman – each pointing out different aspects of the project including:
  • Fire/Rescue need for second entry
  • Shady Lakes tied into agreement for 117th with School Board
  • Traffic reassessment still resulted in need for the Shady Lakes component
  • Access to the City Park/Tennis Center via Shady Lakes Drive is both shorter and avoids the schools
  • The project was voted on over a year ago, each part having separate Council votes with estimates under $2 million.

At this point, Comments from the Public resumed. Other Comments made before and after the Shady Lakes ‘interruption’ include:

• Resident Vito DeFrancesco pointed out that Mr. Woods should have been seated in March, and was denied so due to a misinterpretation by staff of the Charter. He also said that all votes taken since March should be reworked. (Note – since the Council has voted unanimously 4:0 or 5:0 on all items since that time – no different outcome would have resulted – although clearly had Council Member Woods had a strong argument differing with those votes, he could have swayed the remainder of the Council, changing the results.)
• Barbara McQuinn (candidate for School Board District 1) and Tony Bennett (Candidate for County Commission District 1) both introduced themselves.
• Tom Murphy, President of the PBG Police Foundation, reminded the public that the deadline for the 9/11 essay contest is coming up. See details here.
• Michael Marsh, of Vero Beach – who has spoken several times on his friend Corey Jones as well as use of body cameras, thanked the City for how fast it implemented the cameras and changed Policy and Procedures.
• Troy McDonald, on the Council of Stuart, came to congratulate Mr. Woods and to offer advice on attaining public office.
• Barbara Grossman read parts of a letter she had sent to the Council detailing safety issues with All Aboard Florida.

During Items for Council Action/Discussion – Mayor Tinsley asked that there be a Proclamation drafted to honor and thank former Mayor and Councilman David Levy at the next Council meeting in September. All were in agreement.

**PBGWatch has a different issue with the Settlement between Mr. Alexander, Avenir and the City. Mr. Alexander is NOT a resident of Palm Beach Gardens. He lives in IBIS. So should a Charter Review Committee be assembled, our position is that it should consist of Residents of the City. We will raise the issue when the subject arises before the Council in the future.

 

Subdued Council Passes All Items 4:0 and Showers City Manager Ferris with Praise

Much of the discussion during the July Council Meeting centered on subjects not originally on the agenda. All Ordinances and Resolutions passed 4:0 with the result that:

• Property tax revenue will increase by 6% if millage is not lowered during the September Budget hearings. Maximum millage is set during July meetings throughout the state. The only usual proponent of lowering millage on the Council, Council Member Premuroso, stated that he saw no way to lower millage in the fall given upcoming Police and Fire/Rescue contracts, and city growth. He also said that the goal should be to continue to maintain flat millage. (Note – this means that as property valuations increase, your property taxes will go up accordingly – at differing rates depending on whether or not you own a homesteaded property). Save the date – September 8, 2016 at 7pm for the first 2016/2017 Budget Hearing.
• PGA Station PUD amendments were approved. See a summary in Sarah Peters’ article here.
• Resolution 52, 2016 – added to the Agenda at the meeting, allows for the City to call a Special Election concurrent with the November 8, 2016 General Election. This is a place holder should Circuit Court Judge Colin find for the City in the Levy/Woods Litigation conclusion within the next couple of weeks. The August City Council meeting would be too late to open candidate qualification. Should the judge seat Carl Woods, then the Council would withdraw Resolution 52 in August.  More detail below.

Mayor Tinsley began the meeting with a moment of silence for the victims of the Orlando Pulse Nightclub attack. She then brought up former Mayor/Council Member Levy’s resignation and read his resignation letter. She brought forward the City Attorney report to the beginning of the Agenda, so that Mr. Lohman could describe briefly the litigation time-table, enforcement of the 4th Circuit Court of Appeals decision on the Charter’s Term Limits retro-activity and Levy’s ineligibility to have run for office. Resolution 52, 2016 was added to the agenda. More detail here .  (NOTE:  PBGWatch was present at the most recent hearing – it is Max Lohman, on behalf of the City, that is arguing for a Special Election – otherwise Judge Colin would not be considering it.  We recommend that the Council read the transcript obtained by their attorney, and here is our summary of that hearing).

Presentations included Recognition of the City’s Spirit Team, and the  Sponsors of the Gardens Cup, which raises funds that are used to put on morale raising events for City Staff.

Comments From the Public included:

• Tom Cairnes, of the PGA Corridor Association thanked David Levy for his contributions to the City, especially in all things environmental. He also hoped that the citizens wouldn’t end up regretting their actions comparing the term limits vote in 2014 to Brexit.
• Ross Wilcox and William Papageorge, both residents living on Gardens Glen Circle, raised a Code Enforcement issue with a vehicle with trailer parking on the city street at all times. Mayor Tinsley and City Manager Ferris were reviewing the problem.
• Carol Courtney of 40th Terrace N. cited concerns with how the City implemented the Sunset Dr/40th Terrace improvements without respect for environmental impacts.
• Kevin Easton and Marilyn Parmet both asked that Resolution 52, 2016 not be voted on, that there not be a Special Election (ranging in costs up to $80K) and that Carl Woods be declared the winner of the March election.

Mr. Ferris began his City Manager Report by implying that the two residents didn’t understand that Resolution 52 was just a placeholder and that the Special Election would only cost $15K. (editor’s note – he was not understanding that they were saying the Council could end the need for such an election by seating Mr. Woods!)

Also included in the Mr. Ferris’ upbeat report was:

• Well earned recognition for Km! Ra, Purchasing and Contracts Director, for a prestigious Excellence in Achievement Award for the 3rd year in a row. As Mr. Ra IS the Purchasing Department – he achieved a round of applause!
• Congratulations to the City’s Police Explorers who one 1st place in the 2016 Law Enforcement Challenge for the 3rd year in a row.
• Thanks to the Police Foundation for donating 40 infrared thermometers which can be used to detect temperature in parked vehicles.
• Recognition by the City by interim Fire Chief Keith Breyer and the City to Juan Nunez, lifeguard at the Recreation Center for saving a toddler unresponsive in the swimming pool – see Lifeguard Receives Hero Award for more details.
• The Chief also Recognized Km! Ra once again – this time for getting a $43K FEMA grant for 120 Personal Safety/Rescue Bailout System for the Fire Department.

During Items for Council Discussion, the Council did their annual City Manager Evaluation. It also happened to be Mr. Ferris’ birthday. He couldn’t have asked for a better present than the effusive praise, minimal critique if any, and the standing ovation given him by the Council and his staff….

Fire Station 4 to be ‘Fully’ Staffed due to Upcoming Hood Rd Closure

The June 2nd City Council Meeting, with four council members present (Ms. Marino absent), began with recognition of Sherri Pla as PGA Southeast Chapter Youth Golf Development Professional of the year. Next was to be the 2015 Audit Report – but the presenter was delayed and so City Manager Ferris was asked to give his report.

Of impact to City residents: Hood Road at the Turnpike will be closed very soon for a period of 60-120 days, in order to replace the bridge. Fire Station 5 (aka 65) is a backup to Fire Station 4 (aka 64) (which has been the subject of public comment for several months) and access to Mirasol would be impacted by the closure. The City will temporarily staff Station 4 to full capacity for 120 days, using over-time. City Manager Ferris said that data collected during the closure, plus the outside study commissioned to review Fire/Rescue current and future needs, will be timely and sufficient to determine staffing proposals for the 2016/2017 Budget cycle.

During Items for Council Action/Discussion towards the end of the meeting, the council voted 3:1 against supporting the Infrastructure Sales Tax. Vice Mayor Jablin reiterated his position from the first vote held a couple of months ago, that the sales tax increase was regressive. Council Member Premuroso also re-stated that the County should be able to handle this through their existing budget or via bonds and that the School Board solutions should be separate. Mayor Tinsley stated that since the County, if millage is held flat, would be gaining $48 million in extra revenue, there should not be a sales tax increase. Council Member Levy voted for supporting the sales tax, since the Cultural Council/Economic development component had been removed from the proposal. All agreed that despite their nay vote the referendum would be on the ballot in November. Also discussed was the probable incorporation vote of Westlake  (formerly Callery Judge Groves) by its four residents purportedly to over-ride density limits currently imposed by the County. While it wasn’t clear that anything could be done, the Council voted 4:0 to oppose the incorporation and to have the Mayor write a letter taking that position.

Also of resident interest, City Attorney Lohman reported on the status of the Election Run-off (see judge ruling details here) and recommended that the City join in David Levy’s appeal, along with the Supervisor of Elections. His rationale was that the City was involved already due to the City Clerk being named in the suit, as well as already being obligated to pay the SOE’s legal fees. Council Member Levy recused himself, and the remaining members voted 3:0 to join the suit.

Public Comment included:

• Mami Kisner, thanked the Council, City Manager and Police Chief for their accessibility, and responsiveness to Corey Jones’ family and community.
• A resident concerned about illegal drug sales occurring in a neighborhood in the area NE of Northlake/Military Trail. Both the City Manager and Chief Stepp seemed very surprised by the information and referred the resident to Asst. Chief Shannon at the back of the room.
• Abbey Baker, Matt Baker, Craig Goldenfarb and Ron Kaplan of Mirasol all spoke on Station 4 staffing, and response time issues.
• Kathy Beamer, of Shady Lakes, requested that improvements be made to 117th Ct first, then redo the traffic study, prior to modifying Shady Lakes Drive. She stated that the residents’ trust had been breached by no providing a wall, a berm or any real noise abatement in the most recent proposal.
• Tom Cairnes and Steve Mathison, both of the PGA Corridor Association spoke, with Mr. Mathison specifically appreciating their inclusion in the current review of the Impact Fee process.

The Consent Agenda, Ordinance 5, 2016 and the other 3 Resolutions on the Agenda passed 4:0.

Progress on 117th Ct, Quiet Zones and Avenir Approval with Undercurrent of Distrust on Other Issues

The Council Meeting was kicked off by a 7 year old ‘Mayor for the Day’ who led the Council in the Pledge of Allegiance.

Presentations:

• All Aboard Florida Quiet Zones – City Engineer Todd Engle said that the City has 6 crossings, and the majority of the improvements will be to install more exit gates. The Council was pleased with the progress, especially after many years of seeking quiet zones for the FEC trains through the City.
• 117th Street Ct N Conveyance
  • City has been trying to acquire the right of way since 1994
  • After approval by the City, the documents will go to School Board for approval in June.
  • Have to coordinate design and construction with School Board and has to be completed within 18 months, with the objective to improve the traffic pattern for the two schools and provide a dedicated lane direct to City Park.
  • Estimated cost 2.2 million. Mayor Tinsley pointed out that there may be an opportunity to get Federal funds (after the design is completed) to offset some of the expenditure.
  • Construction begins as soon as deed is processed- potentially early June and all road work will done before school starts

Public Comment:

• Corey Jones Shooting – Michael Marsh of Vero Beach pleased with the responses by the City and pending implementation of body cams
• Shady Lakes Expansion – Three residents (Israel Balderas, Kathy Beamer and Barry Mendelewisc) spoke on various aspects of the proposal.  Given the progress on 117th Ct N – why not wait until that plays out before implementing the Shady Lakes Expansion which the residents don’t want.  Request for another meeting with residents on both the 117th Ct N plans and updated plans for Shady Lakes – especially since berms and noise abatement still seems insufficient.
• 10 Acre Congregate Living Facility (CLF) on Northlake Blvd – Matthew Kamula, resident and HOA President of Osprey Isles brought to the Council’s attention plans for a ‘sober home on steroids’ (by Council Member Levy).  This would be a 125 bed drug/alcohol detox and rehabilitation center.  While the property is not in the City Limits, it is right next to the City, and adjoining/nearby subdivisions were not informed nor their positions sought on its development, prior to County approvals.  In later Council discussion, the Council asked staff and City Manager Ferris to look into it and make sure the City’s position is known and presented.
• PGA Blvd Bicycle and Traffic Safety – Joe R Russo mentioned Sarah Peter’s article on problems on PGA Blvd, discussed recent accidents and recommended that PGA Blvd be reevaluated for bike and pedestrian traffic, asking the Council to bring the issues to FDOT’s attention.
• Fire Station 64 – several residents spoke, led off by Abbey and Matt Baker – about the continued delays in increasing staffing in station 64.  The perception was that the City just didn’t want to spend the money, was putting residents at risk, and was just using the out-sourced study to delay action.   City Manager Ferris, responding during the City Manager’s Report, said that there are so many issues with station 64 staffing. The city has never put anyone’s life in jeopardy. Based on level of calls budget decisions were  made. Call volume has not warranted adding staffing back in. The City increased staffing at station 65 and relies on 65 to augment 64.  The primary issue remains being geography – adding 2 to the staff won’t speed things up.  Perhaps the station and others are in the wrong place? Perhaps with Avenir and Alton and new ALFs, other changes need to be made. So the evaluation and study needs to be done.  It’s not all about money – it’s about justifying expenditures. It is his responsibility to justify what he’s doing to the Council.  He needs a plan and a strategy. There is no evidence of a lack of level of service problem – evidence of success. There is a city-wide response system for  both the fire/rescue and police dept.  Council Member Levy expressed concern about the growing level of perception of a problem by the residents.  Mayor Tinsley described accolades received by the fire/rescue and police departments.  Council Member Marino asked the residents for patience.
•  And at least three references were made to what was perceived as an arrogant and  inappropriate Letter to the Editor in the Palm Beach Post written by a Council Member criticizing the positions of a resident.  The residents also mentioned the Council and staff’s arrogant and condescending attitude towards residents who disagree with them.

Public Hearings

• Site plan approval for Alton Recreation and Fitness Facility – approved 5:0
• Avenir Ordinances and Resolution – approved 5:0 Summarized in this article in the Palm Beach Post.  The majority of those speaking had spoken in the past in support of the project.  There were also several comment cards placed in the public record.

City Attorney Report

• Max Lohman mentioned that there were multiple lawsuits underway but since he had already discussed status with the Council 1:1 there was no point in giving a report. (Editorial Comment – THIS IS NOT TRANSPARENT GOVERNMENT – while Mr. Lohman may not want to go into the details and positions – he owes it to the Residents of the City to be aware of lawsuits. The Council should have admonished his comment and request that he give a brief summary to the residents. WE PAY HIS FEES!)

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