New Auditing Firm and Gas Station Signage Alternative highlight a short meeting

Reminder: SAVE THE DATE – October 23rd at 6pm at City Hall – COUNCIL/PLANNING AND ZONING WORKSHOP TO DISCUSS DENSITY POLICY AND APPROACH. No public comment will be allowed at this workshop.

Early in the meeting, Purchasing and Contracts Director Km! Ra introduced the new External Auditing firm – Marcum LLC and their Audit Engagement Manager, Michael Futterman, gave a brief presentation describing the firm and its staff and services. Mayor Premuroso commented that it is good to change firms every so often (eg 5 years) to have a fresh look at the City’s books.

City Manager Ferris gave an update on field closures due to the extraordinarily rainy September and outlined a preliminary schedule to address field drainage improvements over the next several months.

During Comments from the Public – Carolyn Chaplik described dangerous conditions arising from a new stoplight put in by the County on Hood Rd between Alt A1A and Military Trail for the Publix shopping center. Council member Tinsley agreed and the council was unanimous in agreeing that the County needs to be contacted since the light doesn’t meet the County’s criteria. Another resident, Douglas Grant, spoke of noise issues in his neighborhood and the impression he had that by contacting Code Enforcement to complain, code issues were found with his property while the issue(s) of his complaint remained unaddressed. He cited a previous similar experience several years ago. The final comments were made by Jean Whibey, thanking the council for honoring her and for the City’s support for Palm Beach State College. Ms. Whibey is Provost of PBSC and also President of the PGA Corridor Association.

All Ordinances and Resolutions were passed unanimously.

Natalie Crowley, Director of Planning and Zoning, described her meeting with Gardens’ gas station owners regarding the County’s ordinance requiring signage that owners and the City believe will be too confusing and too expensive to implement. She presented contrasting mockups of what the County would require versus the alternative and all were in agreement that the alternative was the way to go. The next step will be for the City to pass an ordinance sometime early in 2015 with it’s own signage requirements which will supercede the County’s.

Finally – Ms. Tinsley moved that the Council tell the County that they disagree with any proposal to move the County to the South Florida Regional Planning Council from its current membership in Treasure Coast Regional Planning Council. A letter will be sent by the Mayor to the County Commission before next Tuesday’s (10/7) workshop on the subject. The move, in part, is being considered as a cost savings issue however none on the City Council felt that Palm Beach County should be emulating or strive to become another Miami/Dade or Broward County and that our issues more closely match the Treasure Coast Regional Planning Council. The item is Agenda Item 4A1 on the BCC Agenda on Tuesday and the details can be found here.

Leadership Matters in Gardens Tax Rate Reduction

Last evening in a surprise move, the City Council voted 4-1 to reduce the planned tax rate slightly, from 5.74 to 5.67 mils, cutting the tax increase from just over $3M to about $2.5M.

This result was produced through the leadership of Mayor Bert Premuroso, who floated the initially unpopular proposal, made a reasoned and empassioned case for it, and put a stake in the ground over his opposition to the budget as written. At once reasonable, empathetic to counter-arguments, yet steadfast in his position, he convinced three of the four other members to follow his lead.

Public input during and since the September 3 meeting had been asking for a reduction, to share some of the property valuation windfall with the taxpayer. This specific reduction of about $500K was proposed by the Mayor at that meeting, but was met with skepticism and definitely not embraced by his four colleagues on the dais. Citing the “5 year plan” for flat millage, the endorsement by the volunteer Budget Oversight Committee, and the need for more money for capital projects, giving money back to the taxpayer was the last thing on their mind. City Manager Ron Ferris was also advising against it.

Last evening’s budget discussion started with Mr. Ferris listing a number of additional projects that could be done by using some reserves. Park usability in wet weather could be improved by a drainage field project proposed by David Levy. Additional ball fields could be created with a proposal by Marcie Tinsley. His report also cast cold water on any plan to reduce the millage, forecasting dire consequences if the stabilization fund were to be depleted, maybe forcing a tax rate increase in future years.

After comments from the public were heard (most asking for a millage cut), the normal order of council discussion was flipped and Mayor Premuroso went first. In a prepared speech, which he said he had been working on since the last meeting, the Mayor repeated his desire to reduce the millage by about $500K, to give a little something back to the residents who stuck with the city through the downturn. Laying out a well researched case involving economic conditions and projections, trends in the reserves, and a discussion of the conservative nature of the city’s planning, his arguments were compelling. With all due respect to staff and colleagues, he said he would not support the budget without a millage decrease.

In the ensuing discussion, Joe Russo first panned the idea, wandered around some other issues, then came back to the possibility of accepting it. David Levy said he could understand the argument, but would prefer to wait until next year to entertain any reductions. Eric Jablin was 100% against giving any money to the taxpayers. Marcie Tinsley, after considering the proposal in the period between the meetings had already convinced herself that it was the right thing to do.

The turning point was when the Mayor restated his intention to vote against the budget as written. On a board that values consensus and usually is unanimous in its decisions, that rattled Joe Russo. Trying to force the issue, Eric Jablin moved that the budget be approved, but it failed 3-2, with Russo joining the Mayor and Tinsley. That was enough for David Levy, who wasn’t as strong in his position as Jablin, and he made the motion to adopt the Mayor’s proposed millage of 5.67 and it passed 4-1, with Jablin remaining opposed and stating that it was the first time he had ever voted against a budget.

The decision process, at times heated, but always cordial, is a credit to this Council, and particularly to the Mayor’s leadership. Decision making by public officials at all levels is sometimes painful to observe, given the partisan and ideological divides and the undue influence of special interests. There was none of that in evidence last evening.

September Council: Budget, FEMA Maps, City Manager Contract

The first of two City Council meetings was held on Tuesday, September 2nd – primarily due to the required two 2014-2015 budget hearings.  However many other topics were on the agenda for this long meeting.

FEMA FLOOD MAPS

City Engineer Todd Engle presented details on the proposed new FEMA Flood Maps. The maps have not yet been finalized and there will be several public open houses  next week in various sections of the county. Due to negotiations taken by the City and the County, over 1200 residential property owners in Palm Beach Gardens will benefit from being removed from a flood zone and will see substantial savings on their insurance. Only two residential units still fall within a flood area as do some commercial properties. Congratulations to the staff for negotiating this significant change.

FISCAL YEAR 2014/2015 Budget Presentation and Hearing 

City Finance Administrator Allen Owens, (along with all of the department heads who were there to answer questions), presented details of the budget.  With a hefty 7.9% valuation increase in the city,  the third yearly increase in a row, you would think that the pressure is off both the city and the taxpayer.  Keeping with their multi-year plan for flat millage though, the city plans to spend all of the $3M, 6.6% increase in property taxes.   This windfall revenue will be put to use on personnel costs (raises and benefits), and infrastructure (a police trainng facility, Johnson Dairy Road improvements, FEC crossing upgrades at Burns Road).

Dr. Mark Marciano, head of the Budget Oversight Committee, made a brief presentation with the committee approving the actions and apportionment of funds in the budget. Council’s discussion, public comment and then the vote took place a little while later during Ordinance 15, 2014.

Iris Scheibl expressed concern over the 6+% increase in spending without regard to returning some of the revenue windfall from increased property valuations to the taxpayer. Former Mayor Mike Martino requested the Council to make cuts to the proposed budget to get to roll-back (spending the same as in the 2013-2014 budget cycle). Joan Elias on the other hand, was in full support of the budget and suggested that those who think otherwise should just forego a cheap dinner out during the year to make up for the increase in taxes.

Discussion by the Council was enthusiastically in support of the presented budget and the excellent work done by staff. Only Mayor Premuroso suggested that perhaps $500K from the Budget Stabilization Fund be used to allow a slight millage decrease, the rest were happy to have the new money to spend.  While others on the Council were not supportive, they asked Mr. Ferris to go back with calculations and this will be discussed at the 2nd Hearing to be held on Thursday, September 18 at 7pm. The vote was unanimous 5:0 to continue to the 2nd hearing.

CITY MANAGER CONTRACT EXTENSION

(This item was a continuation of a discussion proposed by Councilman Jablin at the end of the July meeting. His issue was that term limits, if passed, would decimate the council and if the City was not assured of the continuation of the guiding hand of City Manager Ferris, that all organizational knowledge would be lost. He proposed a two-year extension to June 2018.) Councilman Russo started the discussion by saying that he was in full support of Mr. Ferris and after discussion with the City Manager,  would like to propose that the contract extension discussion and transition plans for a new City Manager after Mr. Ferris retirement, be postponed to April 2015 – after the referendum questions have been decided in November. There continues to be significant angst on the Council about the Term Limits questions, especially Q2, and what it will do to the makup of the Council. During the discussion, they did figure out that in June, 2016, when Mr. Ferris’ contract is up, the council would still have at least 3 if not 4 of the same members.  During comment, Iris Scheibl reiterated this point, and suggested that since there is excellent staff, the departure of the City Manager, if it occurred, would not destroy the City. The vote was unanimous 5:0 to delay.

CITY ATTORNEY RFQ

This item was postponed from the August agenda in order to have a full panel to vote. City Attorney Lohman recently left the law firm for which he worked and opened his own. The Council was unanimous in hiring Mr. Lohman to represent the City.

SAVE THE DATE – October 23rd at 6pm – COUNCIL/PLANNING AND ZONING WORKSHOP TO DISCUSS DENSITY POLICY AND APPROACH

City Manager Ferris requested a meeting between the Council and the Planning and Zoning department to discuss the many upcoming projects and to get guidance so that a policy and approach can be developed to discuss density, traffic concurrency and other issues. This was prompted after his observation that many of the projects now coming to them are different than the past – higher density and a different use mix.  Councilman Russo made it clear that this workshop would be only between P&Z and the Council and that no Public Comment should permitted. Ferris replied that yes, that is the way it is traditionally done. Public comment could happen at another time/meeting but not here. (Editorial comment: Perhaps that is true/not true – but we strongly encourage attendance and that you make the Council aware, via email, phone, public comment at future council meetings, etc. of your feedback after the workshop)

PRESENTATIONS

• Team Golf participants were champions and many youth were recognized and photographed with the Council.
• Fire Station 2 (on the corner of RCA/Monet and Gardens East) will be replaced by the end of 2015 with a new station on the property adjoining it, and the current property will be razed and converted. This is the City’s oldest station and in need of modernization.
• The Tennis Center will also have major improvements over the next few years and Mr. Engle went over these as well.

RESOLUTIONS

All but one resolution including approvals for South Gardens Apartments, signage improvements for Gardens Town Square, expansion of the Day Care Center at Palm Beach Community Church (Borland Center), and updated schedule of fees and charges, passed 5:0. Resolution 58, 2014, which was a petition to extend the terms of an existing temporary modular structure on PGA National Resort’s Core Golf Course was postponed until the 10/2 council meeting as Planning and Zoning had not had a chance to review some of the presented material and plans for the property.

The next City Council Meeting/ 2nd Public Hearing of the 2014/2015 Budget will be on Thursday, September 18 at 7pm.

 

August Council – Updates on Minto and Plat 1.

The August Council meeting started with the pledge of allegiance. At roll call it was noted that Joe Russo was absent.

Don Hearing gave an update on the proposed Minto project. The project is set to go for approval by county commissioners on August 27 with final vote and approval October 29th. Council members discussed traffic concerns with the proposed 4546 homes and commercial space. Mr. Hearing said that 50 million dollars in road impact fees should help to ensure improvements with the existing infrastructure. He did not say who this money would be given to, or how it would be allocated. He did say that our County would like to see this development happen to rebalance the land use in that area. The project would have sewer and water installed to make it a sustainable area.

There was a Plat 1 presentation update with assurance that code enforcement is working to correct problems. Some problems mentioned were language barriers and tracking down some of the absentee owners. Council member Tinsley suggested grants similar to what the City did to help fix up homes along Military Trail when that area fell in to disrepair years ago. There was no grant money allocated by the council to help fix Plat 1 at this time.

The City Manager report mentioned the fire department rookie training program. A Channel 25 news reporter had joined in the training and did a story on the training. He also mentioned that the police department received an Excellence in Policing Award for their latest Frog_et Me Not Safety program.

The City Attorney issue was also discussed by the City Manager. Our city has a contract with Corbett and White to represent our city. Max Lohman (our current city attorney) worked for Corbett but has left them to start the Lohman Law Group. Our City Manager recommended hiring the Loman Law Group to keep stability and continuity in our city. Council discussed this and decided to put it on a future agenda when council member Russo could voice his opinion.

There was a discussion about the Term Limits resolution passed last month. The SOE (Supervisor of Elections) has issues with putting it on the ballot. Our City Attorney has sent a letter to the SOE and is awaiting a reply. James D’Loughy has filed suit against the SOE. He asked that the city help the SOE comply and compel with the referendum items.

Consent Agenda items were passed 4-0.

Resolution 52 (Elm Street item) the land and maintenance responsibilities were given up. The resolution passed 4-0.

Resolution 49 (City Employee SEIU agreement) passed 4-0. These pay increases will cost the city $159,000 a year.

Resolution 50 (Florida League of Cities annual conference) Passed 3-0. Council member Tinsley abstained from the vote as she felt it could be a conflict of interest as she is the one being sent to the conference.

At the Items for Council Action/Discussion, Council member Tinsley asked the Council to allocate some time on a future agenda to discuss parks and recreation shortfalls. There is a need for more multi-purpose fields for residents. She wants to discuss the options including the County owned property that was slated to be used for the stadium. It will be brought up at the 2nd September council meeting.

Note that the budget will be discussed and voted on in September. The 1st meeting in September will be on a Wednesday, September 3rd. The 2nd Council meeting for the budget is scheduled for Thursday September 18th.

Meeting adjourned at 9:55 PM.

Award winning Police Explorers and Puppy Sale Ban fill the chambers

Thursday’s meeting was a long one; over 3 1/2 hours.  As is almost always the case, all Ordinances and Resolutions passed 5:0 except for Resolution 47, 2014 appointing former councilman Carl Sabatello as 2nd alternate to the Planning, Zoning and Appeals Board, from which Councilman Russo recused himself.  Also Resolution 42, 2014 updating the schedule of fees and charges will be held until the September council meeting.

Thus it was surprising to once again see the Chamber filled with people wanting to speak on 2nd reading of the Ordinance 11, 2014 banning the retail sale of dogs and cats in Palm Beach Gardens.  First reading had passed unanimously.  Nevertheless 21 people spoke (10 for and 11 against) – with many heartfelt stories for the resolution, and equally emotional store owners and employees against. When one of the speakers asked those in the audience supporting the ban to stand, it was obvious that most filling the chambers were there for this purpose.

Public comment on other topics included Steve Martino, asking the Council to look at the neglect of the original Plat 1 neighborhoods and asked the Council to commit to act upon it.  Steve Mathison of PGA Corridor gave his thanks and support.  Suzette Navratik requested that a traffic consultant do another study of the PGA Waterfront project area. Doug Frevert wanted to speak against the Church in the Gardens item (opposed to a sidewalk to nowhere), but was missed on that item; he also spoke on behalf of Resolution 48, 2014 thanking the administration for the resolution to preserve the election process.  Iris Scheibl also spoke on the resolution,  thanking staff and requesting that this hole in the process be fixed during the Charter Review.  She also challenged the Council to lower the  millage as the max rate (flat millage)would represent a 6.14% increase.

The annual evaluation of City Manager Ferris had been postponed from the June council meeting.  It was held until the Items for Council Action/Discussion portion of the meeting.    For the most part, the Council members’ comments were glowing.  Mr. Levy did not have any suggestions for improvement, loved how the City had been managed over the last 10 years and said that the millage rate today is lower than it was when Levy was first elected  (Ed. Note: millage rate is not an indicator of City’s revenue).  Mrs. Tinsley suggested that there is always more need for improvement on open communications, transparency, and more workshops like the PZAD one on the PGA Waterfront.  Mr. Russo said that Mr. Ferris took a lot of heat for the stadium fiasco, but that he saw nothing wrong with how it was handled.  He also praised the City Manager’s handling of the Police contract.   Mr. Jablin pointed out that Ferris came in as an interim city manager after the prior one was essentially fired and asked to stay.  He also praised his outstanding staff and their loyalty. Mayor Premuroso praised Ferris’ performance and then listed upcoming challenges for the next year, including the Fire/Rescue contract, Parks and facilities expansion, infrastructure repairs and improvements.  The Mayor also seemed to take offense at clamors for more transparency, but then said they’d be even more transparent.  The discussion took an interesting turn when Eric Jablin proposed an extension of the City Manager’s Contract for an additional 2 years to June,  2018 – primarily because if term limits are imposed, “the council will be wiped out“.  (Watch the discussion here!)  The motion was withdrawn until the contract could be reviewed, and placed on the agenda for transparency and public vote.  Retirement intentions and a succession plan need to be discussed as well.  It will be on the agenda in the first budget meeting in September.

Last on the agenda was discussion of the impact of the Gas Station ordinance recently passed by the Palm Beach County Board of County Commissioners with respect to signage on fuel pricing, specifically cash/discount prices.   Cities are subjected to the ordinance unless they take overt action to withdraw and adopt an ‘ordinance in conflict’.  The ordinance will take effect in 1 year after approval.  Kevin Dalton, an owner of 3 gas stations in Palm Beach Gardens raised his objections to the County’s ordinance, describing impacts to him.  This topic will also come back before the Council after Planning and Zoning have a meeting/workshop with the PGA Corridor and gas station owners.

Recognized at the beginning of the meeting were Justin Autwell, awarded paramedic of the year and Robert Pieris awarded firefighter of the year by local organizations.  Amazing young members of the Palm Beach Gardens Police Explorers placed 1st in a regional competition and were honored for their accomplishments.

Traffic and Safety the Overwhelming Issues with PGA Waterfront Project Proposal

The City Council chambers were almost full with residents of Palm Beach Gardens and other affected communities eager to hear the developer’s proposal for the PGA Waterfront Project on the SW corner of PGA Blvd and Ellison-Wilson Road.

Dodi Glas, project agent, handled most of the slick presentation, along with the architect, Bernard Zyscovich. The architect described how the primary and unique inspiration for the design was the 30′ elevation change from Ellison Wilson down to the waterfront – and it was the hill that enabled both the underground parking and a 75′ staircase leading down to the Promenade area and Beach (sic). Much of the discussion focused on various views provided by a preliminary 3D simulation. The Hotel and Condominium buildings were intentionally placed in an east/west orientation so as to not block views or create a ‘hulk’ (my words, not the presenters’ ;-). To their credit – the parking garage view at Ellison Wilson was only 2 1/2 stories high – but the garage was still the first thing one would see when driving east on PGA Blvd from US 1, much like Harbourside in Jupiter.

Promenade View including the ‘beach’

Challenged by the Planning, Zoning and Appeals Board – some of whom did like aspects of the project, were the traffic assumptions, number of trips, handling of traffic turning onto Ellison Wilson from those westbound on PGA, disguising the parking garage, having a hotel so close to a bridge with associated noise. There was also discussion on the Promenade – which is not part of a Riverwalk type of plan but essentially a promenade to nowhere. It was clear that the project as presented was not going to get their support.

Public comment was vociferously against the project. Petitions were submitted by 3 of the speakers – Ms. Karch from NPB with 100, Ms. Navratick, of PBG (of FB Page Save the Rum Bar) with 800 and Ms Harvey of NPBconnect with 1500 petitions all objecting to the project. Former County Commissioner, Karen Marcus, represented Lost Tree Village and voiced the subdivision’s opposition. She also brought historic perspective to the County’s plans for the site – saying that there were already approved plans for the site that more resembled the casual mix found at Sailfish Marina. Many disagreed with the accuracy of the traffic studies – performed out of season and only during selected periods. Others pointed out that in order to avoid the intersection, drivers would find other routes causing traffic impacts elsewhere. The hotel and residence buildings were 10 stories high – so if one found the 5-story Harbourside project objectionable, these would be twice as high! There is so much retail space empty in North Palm Beach and Palm Beach Gardens so others questioned the need for yet more office and retail buildings.

I counted 18 speakers – all given 2 minutes to speak. They came from North Palm Beach, Palm Beach Gardens, Juno Beach, PB Shores and Singer Island, and Old Port Cove.

It is clear that more traffic studies will be required and there will be more opportunities for the public to voice their opinions, even before it comes to the City Council.

PGA Waterfront Project – PZ&AB Public Workshop on July 8th – Save the date!

Many of you have expressed a great interest in knowing more about the plans for the PGA Waterfront proposed project, by the developers of Harbourside Place in Jupiter.    The project will be coming before the Planning, Zoning and Appeals Board (PZAB) meeting next Tuesday.  Come early and expect a full house!  Watch the Palm Beach Post  for more details in the coming days.

When:  Tuesday, July 8th at 6pm

Where: City Hall Council Chambers

The project is described in the list of Major Projects on the City’s website as follows:

PGA WATERFRONT WMXD PUD (PETITION #: PPUD-14-01-000034)
(PETITION #: CPSS-14-01-000006)
(PETITION #: ANNX-13-12-000007)
(PETITION #: CONC-13-12-000025)
(PETITION #: CPTA-14-01-000027)
(PETITION #: LDRA-14-01-000051)
11401 ELLISON WILSON RD
Project Manager: Peter Hofheinz/Dawn Sonneborn
Project Agent: Dodi Glas
Company: Gentile Glas Holloway O’Mahoney & Associates, Inc
Property Owner: Rocco Cantore, Water Club Associates, Ltd. Chris and Sandra Erneston,
Christopher Doyle

Description: A request for annexation and redevelopment of 7.95 acres of
land at the southwest corner of PGA Blvd and Ellison Wilson Rd. The proposed
development will consist of 150 residential Multi-family homes, a 160 room Hotel,
7,500 square feet of Retail, 35,000 square feet of Office, 32,000 square feet of Restaurant
with outdoor seating, and 30 Marina slips with public and private dockage.

LOCATION MAP	CLICK HERE
APPLICATION	CLICK HERE
DRC MEETING DATE	MAY 6, 2014
PZAB PUBLIC WORKSHOP	JULY 8, 2014
PZAB PUBLIC HEARING	TBD
PZAB STAFF REPORT	TBD
PZAB MEMO	N/A
SITE PLAN OR RENDERING	CLICK HERE
CITY COUNCIL DATE	TBD
CITY COUNCIL STAFF REPORT	TBD
APPROVAL DATE	TBD
ORD/RESOLUTION #	TBD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

New Urbanism and Diversity the Buzz Words from the 6/5 Meeting

The agenda for the evening was very lengthy and the City Council Meeting ran out the clock at 11:30pm – without a City Manager Evaluation, City Manager Report and final discussion.

Different from typical meetings was the very heavy PBG Police presence.  Bags were checked on entry to the building and several uniformed officers were visible throughout the chambers.   Based on the various Agenda items, one can reasonably  surmise that the item with the most public comment, Resolution 30, 2014,  related to the site plan application for the Alton Development (F.K.A. Scripps Florida Phase II/Briger PCD) was the culprit.

Resolution 30, 2014:  This item took the bulk of the evening   Speaking for the applicant, Kolter Acquisitions LLC, was Don Hearing.   He went into very great detail about the site plan, describing how this is a new kind of development for Palm Beach Gardens, representing New Urbanism, discussed diversity in this 360-dwelling non-gated community comprised of town-homes and single-family residences.  (Note:  a quick web search of the terms New Urbanism and diversity will yield many interesting definitions)  Notably different from most developments in our city was the high density of  homes, with all backyards hidden, limited green space, and a lake accessible to all, but fronted by very few of the homes.   Mr. Hearing’s presentation, along with responses by the  Zoning and Planning department spokesman, comments by 13 members of the public and a very long back and forth between the council and Mr. Hearing after the public hearing was declared closed, took almost 2 1/2  hours!  All but one or two of the speakers were from outside the City and had apparently been protesting the development of the Briger Forest for a long time.  They sought no more development in northeast Palm Beach County, lamented the destruction of habitat, animals, and archaeological sites, and claimed the the project violates the law.  Those speaking were polite and were treated with respect – although most did not expect any satisfaction from the Council.  Gardens’ resident Ruth Peeples spoke stating that the development as shown had nothing in the way of preserves, with land being cleared to be replaced with other plantings.  She also objected to a setback waiver which staff had also raised as an issue with the developer.

After the hearing was ‘closed’,  the Council spoke at length about their issues and ideas for more green space, more amenities, concerns about recreational areas being placed far from the residences and across a 4-lane road, and concerns about the setback waiver for a specific 5-unit building, and additional issues.  There was significant back and forth between the very assertive applicant spokespeople who would brook no delay, staff and the Council. Finally, the motion was to approve the resolution with an additional approval of Waiver 6 (which allowed for the setback exception) and a commitment by the applicant to work with staff to add greenspace and amenities.  The vote was 5:0.

A second controversial topic on the Agenda was Ordinance 11, 2014, which adopts new regulations prohibiting the retail sale of dogs and cats (such as in pet stores).  Stores may sell or offer shelter animals or rescued animals gotten from governmental or approved organizations.  The ordinance was presented by Max Lohman, City Attorney and was introduced/requested by Councilman Jablin.   Those making public comment were all in favor of the ordinance, other than the spokesman/attorney, Robert Sweetapple, who represented the only two affected pet stores in Palm Beach Gardens.    Mr. Sweetapple described the impact to the stores, said there had never been an issue in 20 years and said that the ordinance as written would take effect immediately without a grandfather clause, causing severe financial hits to the store owners.  (He also took time to comment on what he considered the embarrassing ‘lets make a deal’ interplay between the City Council and the developers during the Resolution 30, 2014 discussion after the hearing had been closed.  This later resulted in a short but heated interaction between Mr. Jablin from the dais and Mr. Sweetwater in the audience).  Jablin spoke first and suggested that a clause be added giving the store owners time to deal with any existing ‘inventory’.  The rest of the council was in agreement and the resolution passed 5:0 with the addition of 180 day clause.

Todd Engle, City Engineer, gave an update on the PGA Blvd (West) FDOT improvement plans and Resolution 41, 2014 which the council approved on Consent – opposing any total  road closure during construction.  There was public comment and council discussion on safety and security issues, environmental impacts (pro and con) to the water level raising of the C18 Canal.

All other resolutions and ordinances were approved 5:0 with much less discussion.

Congratulations to the hard-working volunteers on the Community Mobile Patrol Program, who celebrated their 10th Anniversary and were honored at the start of the meeting.  Eight volunteers have been there from the start and have relieved the officers of lots of activities that took them off the street.  The volunteers perform a worthy public service.

Also receiving acknowledgement was Km! Ra and the Purchasing Department for receiving ‘Universal Public Procurement Certification Council 2014 Agency Award’.

First Televised City Council Meeting and Referendum Petition Requirement Reduced

After the pledge Mayor Premuroso called for a moment of silence for all the victims of the recent weather related tragedies.

Allen Owens gave the 2013 Annual Audit Report with the outside auditor reporting their findings. Unfunded liabilities and new methods of reporting were discussed.

Among the speakers from the public was Mike Murgio (PBC Schoolboard District 1) who spoke at length. He recommended a NO vote on the FL Education Budget and asked that people contact their legislators. He said that the average cost spent per year on a student is $9200. Most other states average $1200 with the most expensive states spending up to $2300 per student/year. Also making public comment were:

• Ruth Peeples
• Mark Marciano
• Mel Grossman
• Douglas Grant
• Joan Ellias

All Aboard Florida was mentioned by most council members. Negative feedback. Is freight really driving it all?

Joe Russo thanked Steve Tarr for his actions which finally resulted in the first live City Council broadcast and hoped he was watching them on TV.  The meeting from last night can be watched here.

The Consent Agenda (no additions, deletions, mods) passed 5-0, as did Regular Agenda Items Ordinance 6, 2014 2nd reading (petition requirement reduction), Ordinance 7, 2014 1st reading (Northlake Boulevard Overlay and Redevelopment) and Ordinance 9, 2014 1st reading Police Retirement Trust Fund).

Under Items for Council Discussion:  David Levy said that the County offered to lower taxes by $4.00 if they were allowed to burn trash from other counties. All members seemed to be in agreement that it is better if the County DID NOT do so and they want to present unified front to County. Levy also discussed the Minto West project which, while not in the City, has major Northlake implications (development/infrastructure etc.)  All were in agreement in opposing this as well.

Marcie Tinsley asked for direction stating: “Education is a key component of Economic development.” She wants to start a student shadow/work program. working with businesses to add an incentive to help train students. She had Mike Murgio on hand to help explain the project. The consensus of board was for Tinsley to run with it but leave staff out. She should work with the Chamber of Commerce, Kelly Smallridge, Mr. Murgio, etc. to come up with a County wide plan or footprint.

Other notable discussions were about playing fields and the need for field rest periods, including perhaps getting the County to chip in for our non resident Gardens facilities or exclude them which is not what Gardens would want to do.

Max Lohman, City Attorney, has been on board for 5 years. City Manager Ferris’ contract is up in June – so it is time for an evaluation.

The June council meeting has a busy agenda; it was suggested that council think about and discuss at the July meeting how to address the Charter Review and what type of panel they will have. The City Manager also brought up C-18 and PGA road construction by the State. He said that there will be a public workshop scheduled tentatively for Wednesday May 14th 5:30 to 7:30 in the Council Chambers. Check the City website for updates.

40th Terrace & Sunset To Get Water and Roads; Petitioners get Relief

Most of ‘the action’ in the fairly long City Council Meeting on April 3rd took place at the beginning and end of the meeting.  Since most in the audience left by the end – we’ll start there.

Sunset Drive and 40th Terrace:  Anyone following city issues for a long time knows that this area of the city, annexed in 2002, has had complicated issues with water, roads and sewers.  Both the City and the County have to be involved with the resolution.  Significant progress was made Thursday via Resolution 26, 2014 – with the Council deciding to go with option 3 – providing ‘city’ water (via Seacoast utility) and taking ownership of the roads with the affected residents to pay via the Neighborhood Improvement Assessment Program (NIAP).  Option 3 will take 4-6 months before it can be started and in the interim both the County and the City will look for funding to provide additional relief for the property owners who must pay the assessment.   The plan will not include a sewer hookup.

Citizen Initiated Referendum:  Currently it takes petitions signed by 15% of registered Palm Beach Gardens voters in the last general election in order to place a citizen-initiated referendum on the ballot.  Florida Statutes only require 10%.  Last month, the group circulating petitions to place term limits on the ballot ( “Palm Beach Gardens Needs Term Limits” ) filed a lawsuit challenging the 15% requirement and the Council requested that the ordinance be revised to change the number required to 10%.  The Council passed the first reading of the Ordinance unanimously.

Charter Review:  Council member  Russo asked that there be discussion on having a Charter Review committee – there was much debate on how such a committee should be named, how it should be moderated and when proposed changes should be on the ballot.   While discussion will continue, the Council generally liked the idea of having an ‘impartial’ professional moderator, qualified (and ‘apolitical’) committee members and aiming for November, 2016.  Trust was an issue and there was general agreement that the changes were not being proposed by the Council.   Several on the Council did seem preoccupied with the concept of Term Limits as it came up several times during the discussion of charter changes.  Council member Tinsley said that she supports term limits but ‘reasonable’ term limits and what is out there isn’t reasonable.  Council member Jablin echoed her sentiments as did others.  Watch for further actions on this topic!

Videotaping of Council Meetings:   While this topic has come up several times in the past, several months ago resident Steve Tarr requested that City Council Meetings be televised.  City Manager Ferris was directed to come back with options and costs but no decisions were made.  In the meanwhile, Mr. Tarr has been taping the meetings and posting them on youtube, and we have posted them on PBGWatch.  The Council discussed the topic once again and asked Mr. Ferris to implement Video on Demand – a day after posting of the Council Meetings.  That would be a first step and the city would be able to see how many people actually view the video prior to taking the more extensive and more expensive step of live video.

Back to the beginning of the Council Meeting….

• The National Anthem was performed by Palm Beach Gardens Pizazz (please excuse if misspelled) – a member of which is Samara Tinsley.
• Council members Tinsley and Jablin were officially declared the winners of their respective elections.  Mrs. Tinsley spoke of the experiences she had in meeting people has she campaigned – clearly getting the issues that concern them and the lack of trust that also exists.  She was very appreciative of her re-election.  Mr. Jablin also thanked those who supported him.   Russo, seconded by Jablin moved that Bert Premuroso be appointed Mayor; Levy seconded by Russo moved that Eric Jablin be appointed Vice-Mayor – so the council makeup remains unchanged.
• The City’s CAFR received an award for the 19th consecutive year.
• PGA Blvd and Beeline Highway – the Council received a presentation by FDOT on improvements planned on PGA Blvd. between SR 710 to the C18 Canal.  As the city manager explained later in the meeting, the city requested improvements due to severe flooding in the area – so FDOT fast-tracked the plans for raising the roads.  Option A would close the road for 6 months and divert affected traffic via Northlake and Military Trail.  Option B would involve single lane and controlled traffic and would take 18-24 months or longer.  The Council as well as residents who spoke out were all adamantly against Option A primarily due to safety (Fire/Rescue  and traffic on Northlake).  The presenters said that they would do what the City and the residents want and that they would be conducting a town hall/work-shop within the April/May timeframe – so look for notices of the workshop!
• All Aboard Florida update – this too raised the ire of the Council.  Palm Beach County Commissioner Valeche was in attendance and generally spoke in favor of the project.  But the Council was very concerned about the significant impact not just of the passenger service, but in possible doubling of freight train traffic from 11 currently to 28 trains.  While passenger trains are expected to clear an intersection in less than 2 minutes, freight trains are generally 2 miles long and stop traffic for a considerable amount of time.  Mr. Jablin most concisely described this as selling one thing  (passenger rail) while the key goal was double tracking to allow for the increased freight rail.  Frustration level was high during the discussion and impacts to the safety of residents was a constant theme as was the need for Quiet Zones.  Watch Mr Tarr’s video of this segment – this will impact us all – so keep informed!
• General Survey of Citizens:  City Manager Ferris described a survey that was conducted in 2006 seeking input from residents, the results of which were used in a lot of decisions made afterwards.  Mr. Ferris plans to send out a similar survey in the next 60 days s0 be on the lookout for it and make sure you participate!

All other resolutions resolutions and the Consent Agenda passed unanimously.

Also – learn about Avenir proposals in the workshop scheduled by the developer on Monday, April 7th.  The council has mentioned more than once that they are opposed to the current proposals.

Thanks again to Steve Tarr for recording the meetings.

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