Avenir Pod 9 Gets the Go Ahead

The March 3, 2022 Palm Beach Gardens City Council meeting was relatively short. Council Member Woods was not present.

The Consent Agenda, and Ordinances 1,3 and 4, 2022 passed on second reading 4:0.

March 3

Public Comment was made by Dana Middleton, Chair of the PGA Corridor Association  thanking the City (council and staff) with special kudos to Police and Fire/Rescue for their making the several events of the last month (eg ArtiGras and the Honda Classic) run smoothly and making participants feel safe.

Ken Tuma, Urban Design Studio, presented Resolution 9, 2022 – Avenir Pod 9 with 118 private homes. The builders were requesting site plan approval, one waiver and a review of architectural models and landscaping. The Resolution passed 4:0

Additional Council discussion included sponsoring (Silver Sponsor $1k) the City of Pahokee’s centennial celebration. Also Council Member Tinsley brought FL SB 510 to the Council’s attention – ” would require elected officials in Florida municipalities to file a full annual disclosure of their financial interests, rather than the currently required limited disclosure.”

There was no City Attorney report.

 

Acceleration of Western Fire Station Proposed

If passed on 2nd reading, Ordinance 1, 2022, presented by Allen Owens, Finance Administrator, the annual budget adjustment ordinance includes accelerating the construction of Fire Station 6 in Avenir. The requested allocation of $6 million for the project would be funded by: Restricted Reserves for Other American Rescue Plan $3,744,066, Budget Stabilization Reserve Account 1,055,934, and Fire Impact Fees 1,200,000. The fire station was planned to be funded by a loan in the future, but given projected inflation, staff calculated that building it sooner and without the need for a loan would both save the City money and provide necessary coverage to the western communities earlier. The ordinance also includes the staffing of 8 new full-time employees for the Recreation Department. The Council was supportive of the proposals and Ordinance 1, 2022 passed 5:0.

February 3

The meeting began with a presentation by Casey Mitchell, Director of Golf. The City’s 2021 15th Annual Mayor’s Golf Classic, is the largest event conducted every year, and coincides with Veteran’s Day. She recognized the 60+ staff and volunteers that made the event a reality, along with the sponsors. Dr. Ronald Williams, Jr., Chief of Staff at the VA Medical Center described how funds are used to help find veterans homes. $72691.11 raised this year.

The Consent Agenda passed 5:0 – with Mayor Litt pulling and reading the Black History Month proclamation, and Vice-Mayor Reed pulling the 211 Awareness Week proclamation and thanking the 211 services in suicide prevention.

In other business:

  • Ordinance 2, 2022 – presented by Martin Fitts, Principal Planner, was primarily statutory in nature, however there was an explanation and some discussion about the rationale for removing the Urban Growth Boundary. The ordinance passed on first reading 5:0
  • Ordinance 3, 2022 – City Attorney Max Lohman explained that the Council was previously granted, for a ten year period, the ability to abate property taxes for new capital investment satisfying certain qualifications or for existing investments if expanded – to encourage economic development. In the last ten years, the only company qualifying/granted the abatement by the Council was the Carrier Corp. The referendum is to renew the ability, and keeps ‘this tool in the toolbox’. The City will undertake an information program to inform the voters and is the only city question on the August ballot. The ordinance passed 5:0 on first reading.
  • Ordinance 4, 2022 – Martin Fitts explained that the ordinance would allow covid testing/vaccination sites to be handled as a special event plus increase the time pumpkins and Christmas trees can be sold. In both topics, this allows for easier handling and approvals for setup and logistics. The ordinance passed 5:0 on first reading.

In Items for Council discussion

  • Vice Mayor Reed highlighted a TPA Conference that discussed the Beeline Highway project. (Note: Joel Engelhardt covered a recent zoom meeting on the topic in his article here.)
  • Mayor Litt mentioned major activities in February including Artigras  and the Honda Classic.
  • Council Member Tinsley raised the issue of proposed redistricting maps dividing the City into more than one district. The Council still thought it was too early to raise a concern and weren’t sure whether being represented by more than one district was a good or bad thing.

Quiet Zones In Our Future

Todd Engle, City Engineer kicked off the meeting with an update on Quiet Zones (rail) – a topic always of great interest to those of us who live in the City.  The City will be submitting a notice of intent to create quiet zones for 6 intersections within the City limits (3 belonging to PBG and 3 belonging to Palm Beach County).  The entire Palm Beach County corridor is being coordinated via the PBC Transportation Planning Agency (TPA) which will also be supplying additional funding as needed to do additional upgrades to intersections.  Although quiet zones will be implemented, he reiterated that “Train horns still may be sounded in emergencies or to comply with other RR or FRA Rules!!!!!”  Mr. Engle’s presentation and more details can be seen here.

January 13

The three resolutions below all passed 5:0 – there were no comment cards submitted.

  • Resolution 1, 2022 – Public Hearing and Consideration for Approval: A request by Centaur (Palm Beach) Owner, LLC for Site Plan approval for a 139-lot single-family subdivision on approximately 70.49 acres within Panther National Pod 12, which is located in Parcel A of the Avenir Planned Community Development (PCD).
  • Resolution 2, 2022 – Avondale at Avenir Site Plan Amendment – A request by DiVosta Homes, LP for a site plan amendment to approve single-family home architectural floor plan models, elevation themes, and typical lot landscaping for Avondale at Avenir (Site Plan #3) that is located north of Avenir Drive and east of Coconut Boulevard within the Avenir Planned Community Development (PCD).
  • Resolution 3, 2022 – A request by the Old Palm Golf Club, Inc. to modify Phase Two of the approved Old Palm Clubhouse parcel (Parcel F1) to include a new 17,637-square-foot Lifestyle Center building and pool amenity.

Public Comment was made by Ramona Bean – thanking the Council for their information on covid testing and asking about monoclonal antibody availability.

The Consent Agenda passed 5:0.

Mayor Litt gave an update on Palm Beach County Day at Tallahassee (attended by Litt and Vice-Mayor Reed via zoom)

  • PBG requested that conversations re-open about the I-95/Central Blvd intersection to provide for privacy/barrier walls as part of the project, which is scheduled to start in 2028
  • SB1824 and HB1415  – these 2 bills provide the details on mobility plans and fees, the details of which give the actions already taken by PBG backed by the state, if these are passed.
  • The mayor expressed concern that SB280/HB403 – would have impacts on municipalities – when a single individual registering a complaint about an action could put the entire item on hold.
  • She also was concerned about SB620/HB569 – would allow a business to sue for damages when regulatory actions by a municipality causes more than 15% impact on a business.

Vice Mayor Reed said she gets a lot of questions on road safety and pointed residents to the Transportation Comment Map,  Comments and suggestions can be made on the site.

City Attorney Lohman gave a quick update saying that the City was awaiting the judge’s ruling on injunctive relief regarding the City’s mobility lawsuit, in the next few weeks.

No Balloons for You! No Waterslide for PGA Resort Either!

The December Palm Beach Gardens City Council meeting had more attendance and resident participation than has been seen in quite awhile. The two agenda items drawing public comment and engendering the most council discussion were the PGA National Resort Core modifications and the Council initiated resolution banning Balloons and Confetti products on City property.

Ordinances 13,14/2021 and companion Resolutions 60,61/2021 – Second Reading and Adoption – “modifications to approximately 2.08 acres within PGA National, immediately adjacent to the PGA Resort Core: As in first reading, Council Member Tinsley recused herself. Everyone else listed their ex partes with the project. Ken Tuma announced that the developers decided to remove the water slide element from the PGA Resort Core plans based on negative feedback from the community. Comments were made by PGA National residents Mike Gansell, Miles Cooley, Judy Torrey, Nancy Hennis, Keith Ahrnoheim, Karen Kantor and Nancy Wieseneck expressing concerns covering noise from the pool and expanded lazy river area, potential development of high rise hotel units, concerns about commercial zoning on their property values, and the need for more pickle ball courts in the community. Matt Moman – a new resident, appreciated the resort’s plans. Planning and Zoning Director, Natalie Crowley, addressed the commercial zoning which already existed on the property and the slightly larger increase in area by the proposed plans. The two ordinances, sans the water slide element and the two resolutions passed 4:0.  See the Palm Beach Post article on the modifications.

December 2

Resolution 69, 2021 – initiated by the City Council  – Prohibiting the use of balloons and confetti products on public property, directing City Administration to negotiate “No Balloons and Confetti Products” provisions in applicable City contracts, and encouraging all residents and retail businesses within the City to reduce or eliminate the use of balloons and confetti products – generated additional discussion.

  • Comment was made by Edward Evans, store team leader for Party City of WBP: He recognized the good intention but the resolution will negatively affect retailers in the area and may not be supported by most consumer constituents. Balloons create joy and are an affordable alternative for decorating and celebrating events. They’re not in the top 10 for cleanup lists. He had emailed the council copies of a balloon fact sheet. He did say it was a good idea to advocate for expanded consumer education.
  • Vice Mayor Reed, the initiator of the resolution, countered that the City is committed to sustainable growth and we cannot risk damaging our resources. This is one of the areas where local government can still take a stand. So this is one of the few opportunities where the city can still exert home rule powers. 30 municipalities in FL have already done such a resolution. She also said it wasn’t a ban.
  • Council Member Tinsley agreed that balloon can be a hazard to the environment along with a lot of other things on the streets. But there is a fine line, where does government start and stop? She was concerned about some of the wording in the resolution that may place police and/or the city manager in awkward situations. She also said that education on proper disposal could be placed in the city magazine. One can’t ask a retailer to not sell or reduce sale of something that is legally sold. Hospitals don’t allow flowers but do allow balloons – discouraging balloon use would be tough on that too. She wanted to eliminate section 5 and section in regard to city manager and reword to be encouraging and educating.
  • Council Member Marciano reiterated his position on resolutions that he’s made in the past. That they don’t have a lot of standing and it just means discouraging use on city property.
  • Council Member Woods said he’d be against if it were an ordinance, however trusts the City Manager to do the right thing and doesn’t see police having to enforce this.
  • Mayor Litt made it clear that this resolution DOES BAN the use of balloons and glitter on city property. She pointed out that the resolution IS an administrative prohibition on City Property – the parks, outside at the rec center. The resolution will make the prohibition part of the permit process – just like can’t one can’t bring alcohol, one can’t bring balloons or confetti.

Passed 4:1 with Tinsley voting NO.

Also at the meeting:

  • A moment of silence for Ryan Rogers
  • Mayor Litt thanked all involved with the investigative work in finding the suspect
  • A Honda Classic presentation introduced by Charlotte Brzezinkski, Leisure Services Administrator  with respect to Resolution 66, 2021 – an agreement with children’s healthcare charities in preparation for the Honda Classic, which is a boon to community and to the charities.  Ken Kennerly and Andrew George addressed the Council.
  • Public Comment:  Resident Paul Lakind – said malls and city buildings are kept too cold; talked about local ways of reducing energy use since he believes climate change is the most serious problem facing our children and grandchildren
  • City Manager Ferris listed the various Holiday Events (some of which have already occurred at the time of this writing) – see here for upcoming events.
  • A somewhat heated discussion by Council Member Woods and the rest of the Council regarding the removal of the water slide.  He was concerned that the decision was made outside of the sunshine via individual phone calls to council members.   He felt that the decision to remove the slide should have been made on the dais.  City Attorney Lohman did not see a sunshine violation, since the council members didn’t discuss the issue amongst themselves.
  • Council Member Tinsley suggested that the Council review  the proposed redistricting maps in January to ensure that the City isn’t divided into more than one district..

 

PGA Station Development Dominates Nov. Council Mtg

Several development projects were covered during the very long Nov 4 City Council meeting.

PGA Station was viewed by the council (and the developer) as integral to the Transit Oriented Development (TOD) Overlay District within the City’s Comprehensive Plan. Resolution 62, 2021 outlined approval of a PUD Amendment to modify the uses on Pods Band C, including a new 8-story, 396-unit multi-family building with a 606-space parking garage on Pod B, modify Building 9 on Pod B, and revise Pod C to include a new 200,000-square-foot, 8-story office building with a separate 998-space parking garage that includes 7,049 square feet of retail space along the north and west facades of the parking garage. The PUD is 30.03 acres, located on the south side of PGA Boulevard, east side of RCA Boulevard, and west side of Alternate A1A. The Council was impressed with fact that 10% of the units proposed within the 396-unit apartment building are proposed to be provided at 120% of the Area Median Income (AMI) to meet workforce housing requirements. Staff has been working with the developers for over two years and are pleased with the outcome.  The resolution passed 5:0.

November 4

Northlake Square – 7 Eleven – Ordinance 12, 2021 and associate Resolution 58, 2021 passed 5:0. Public Comment was made by resident Ramona Bean, requesting clarification on the level of the EV charging stations (answer: Level 3). Brian Seymour also added that the developer is trying to see if AIPP (art in public places) can be placed on site. They are also waiting on permitting from the county for the planned right turn lane onto the property.

PGA National Resort – Ordinances 13/14, 2021 and associated Resolutions 60/61, 2021 – Council Member Tinsley recused herself from the deliberations due to her husband being a shareholder in WCI – who is doing the landscaping and traffic for the project. Two of the council members live in PGA National (Mayor Litt and Council Member Marciano) and they had slightly differing opinions of the proposed water slide and its impact on the golf course or its necessity. However the Ordinances passed on first reading 4:0.

Panther Pods 13 and 14 – Avenir’s Panther National was discussed in depth at a recent council meeting and on the agenda were Resolutions 55/56, 2021 – site plan approval for for a 27-lot single family lot subdivision on approximately 26.82 acres and for a 52-lot single family lot subdivision on approximately 41 .68 acres. The Council appreciated the clean, modern look proposed and the design book which specifically showed types of homes NOT permitted in the subdivisions. Passed 5:0. The golf course is already under construction and should be completed by the end of the year. A limited number of outside (the club) memberships will be allowed so the course will get some use before the homes come online in 2022.

Also covered at the meeting:

  • Weiss School – CubeSat   update- the projects are no longer confined to the Weiss School. As a result of Covid, and the use of video conferencing, there was no need to limit participation to just the school. While the bulk of the participants are in Palm Beach County, students across the country are involved. They have incorporated as a 501C3, are raising their own funds and seeking grants.
  • Police Chief Shannon recognized his team as 2021 1st Place Winner of the Florida Traffic Safety Challenge.
  • Public Comment was made by Adrianne Pugh (sorry if mispelled) in support of the Proclamation on Family Court Awareness Month, and for the organization on which she is a board member – Families Against Court Travesties.
  • Mayor Litt pulled the item highlighting the Proclamation on Hunger and Homelessness Awareness Week and proposed a new fund with dollars already in the Budget set for sponsorships. She proposed seeding the new “Housing Opportunity Program” with $5K. The fund would pays 1st and last months rent to move individuals from transitional housing into permanent housing. The council approved 5:0.
  • City Manager Ferris reminded everyone about the Veterans’ Salute Celebration on Nov 11 at 11am at Veterans Plaza; enjoy a concert featuring the Florida National Guard 13th Army Band which will begin performing at 10am. He also said that the new date for activation of the new Bayhill traffic signal is 11/16.
  • City Attorney Lohman gave an update on the continuing trial of the City vs PBC over Mobility Fees, which is underway.

“Infrastructure is Destiny”

Is there a ‘mobility infrastructure’ sur-tax in the County’s future?  There will be if Nick Uhren, Director PBC TPA, and associated municipalities in the County succeed in getting it on the ballot and passed, most likely in NOV, 2024.  During Presentations, Mr. Uhren gave an in-depth presentation on mobility plans for the County, with the theme “Infrastructure is Destiny”.  The current ‘Penny’ sales tax sunsets in 2026, or earlier if maximum revenue targets are reached before then.  He described the County’s current sur-tax as looking backward, doing repair and maintenance on existing projects.  The proposed sur-tax would be looking forward, to a ‘car-optional future‘.  Apparently, Palm Beach County is behind several major counties (Miami-Dade, Broward, Tampa, and Orange) in having such a tax – and it takes local dollars to bring in the necessary state and federal dollars required to implement major projects, by requiring ‘local matching dollars’.  Both the Council and City-Manager Ferris were all on board and the City’s mobility plan fits right in with the proposed concepts.  So ‘watch this space’….

City Manager Report

  • The Gardens Green Market opened on October 3rd and is on Sundays from 8-1pm with live music
  • Palm Beach Gardens Fall Festival will be on October 23 from 6-8PM.  See here for more details.
  • Salute to Veterans on November 11 at 11am in Veterans Plaza – featuring the 13th Army Band

Consent Agenda related presentations:

  • Natalie Crowley – Director of Planning and Zoning – Resolution 64, 2021 – Opposing Palm Beach County’s Comprehensive Plan Amendment to widen Northlake both East and West.  The County’s plans do not take into account turning lanes and would affect many communities in the City.  It also is premature, since Avenir is in the process of constructing a Connector Route between Northlake and Bee Line, which is designed to relieve traffic.  The western portion of the County’s plan is on the BCC Agenda for Nov 3 – NCNC and Carlton Oaks have already expressed opposition to the plans.  Residents can write to the Board of County Commissioners or come to the meeting.  Palm Beach Gardens plans to object through established inter-local agreement processes.
  • Purchase Award for the Design and Construction of the Burns Rd Aquatic Center –  Km! Ra – Purchasing Director gave a brief overview of the purchase award.  Moneys for the construction came from the existing penny Sales sur-tax.

Consent Agenda Passed 5:0

October 7

Ordinances and Resolutions:

  • Ordinance 12, 2021 – first reading – regarding a new flag-ship 7-11 featuring fresh food/Laredo Taco to be built on the site of the long-vacant Applebees on the northeast corner of Northlake Blvd and Congress.   The store would be more like a local market than a convenience store.  A deceleration lane would be added to the entrance which would aid traffic both to the 7-11 and Pep-Boys.  Passed 5:0
  • Board appointments were made and/or reapproved for AIPP, Parks and Rec, PZAB and Fire Pensions – all passed 5:0
  • Resolution 53, 2021 – approving and ratifying the collective bargaining agreement with the Professional Firefighters and Paramedics of PBC local 2928 for fiscal years 2021-2022, 2022-2023, 2023-2024.  Sheryl Stewart, HR Administrator made the presentation;  Jeff Green, PBG Resident, firefighter and District VP for Local 2928 made public comment praising the agreement which was reached with little strife and very quickly.  Passed 5:0

There was no other business discussed nor was there a City Attorney Report.

Flat millage at 5.55 and Outdoor Seating Improvements Passed

The Sept 22 PBG City Council meeting began with remarks by Police Chief Clint Shannon, honoring the four Police Explorers who participated in the annual Florida Association of Police Explorers competition.  Palm Beach Gardens won first overall, as well as placing well in specific challenges.  The City’s team competed against 20 other Explorer Posts from around the state.

September 22

Mayor Litt then segued to the topic of the night, the setting of the millage rate and the FY 2021/2022 Budget.  Apparently nerves were struck when the Palm Beach Post questioned sources of funding for the new golf course and/or residents suggested that flat millage in a time of increasing values is a tax increase.  So prior to the actual resolution and ordinance discussions, the Mayor described the City’s various reserves, the use of Cares Act funding, the usage made of American Rescue Plan (ARP) funds, and how much of what the City accomplished in giving back to business and residents came from the City’s reserves.  The Mayor has posted her commentary on Facebook.

Resolution 36, 2021 – Adopting the Tax Levy and Millage Rate – comprised the bulk of the discussion by Council.  Council Members Tinsley and Marciano, as they did at the first hearing, asked the Council to consider a minor reduction in millage to 5.50 to give back to the taxpayers.  Mayor Litt, Vice Mayor Reed and Council Member Woods again insisted that they were NOT raising taxes*, that they were giving back to the people and businesses that the City determined really needed it in the midst of a pandemic, highlighted the importance of  a ‘stable’ tax rate, and were disappointed that Palm Beach Gardens was not lauded for keeping millage flat, while nearby Lake Park was. (* when property valuations go up and millage remains flat, the $$ you pay in taxes goes up – thus it is a tax increase, however modest).  The vote on the millage was 3:2 with Tinsley/Marciano voting NO.  See the Palm Beach Post article on the discussion in their article entitled “Palm Beach Gardens narrowly passes budget, OKs using federal grant to help build golf course”

Ordinance 8, 2021 – Adopts the Budget for FY 2021/2022 – no further discussion as the issue was not with the Budget.  Vote 5:0

Ordinance 10, 2021 – 2nd Reading and Adoption of the modifications to Outdoor Seating and related parking requirements which passed 5:0 on first hearing. Vote – 5:0

Next month Nick Uhren, Executive Director of the Palm Beach TPA will be giving a presentation about Mobility

Same Old Budget Hearing But Innovations on Outdoor Restaurant Seating

The City Council held its first FY 2021/2022 Budget Hearing.  Despite compelling arguments from both Council Members Marciano and Tinsley to slightly lower the proposed millage to 5.50 from 5.55, Mayor Litt, Vice-Mayor Reed and Council Member Woods voted to raise taxes. As has been the same every year, since 2015 – which is the last time millage was lowered, various council members pride themselves on holding taxes flat. Except in rare times of flat or lowering valuations, this is UNTRUE. Flat millage with raising valuations is A TAX INCREASE. Scoffing at the concept of a discussion over savings to the hypothetical house valued at $450K of $20, they seemed to forget that the money comes from the people, and as Marciano said (and has said in the past) – the purpose of the city government is not to be a bank. This is our money. Public comment was made by resident Mary Lynn Manning requesting that the millage be set to the rollback rate. She added that while understanding that the city had no oversight of the schools, that without first rate schools the outstanding city would be lacking. That said – the final vote to keep millage flat was 4:1 with Council Member Marciano voting No. Ordinance 8, 2021, approving the proposed budget on first hearing passed 5:0.

September 8

Read Joel Englehardt’s On Gardens Post entitled Palm Beach Gardens Tax Revolt Fails by One Vote, for a blow by blow description of the budget portion of the meeting. Here is also a link to Finance Director Allan Owens’ presentation.

Ordinance 10, 2021 introduced a proposal, presented by Martin Fitts, Principal Planner, planning division, to modernize and streamline the process for outdoor restaurant seating and related parking requirements. The public’s preferences for outdoor dining choices as a result of Covid-19 and different types of dining venues, led the City to review it’s current policies. The current process to request outdoor seating by administrative petition takes about 4 weeks and costs $550. The proposed process would be a permit process costing $150 with more liberal options for the restaurants and their locations. The proposal was met with strong approval by the council. The primary concern was to make sure that restaurants affected by the current procedures expiring on Sept 30 be informed and be allowed sufficient time to qualify under the new permitting process. Planning and Zoning Director Natalie Crowley assured the council that everyone would be informed and she praised Mr. Fitts for his work. The ordinance passed 5:0

Other business:

  • Ordinance 9, 2021 passed 5:0 on second reading/adoption – it passed 5:0 on first reading last month
  • Charlotte Brzezinkski Leisure Services Administrator announced several honors received by the Parks and Recreation department and specifically called out Wendy Tatum, Director of Tennis & Pickleball and Andi Mohl, Recreation Supervisor – Tennis Business Operations for the Tennis Center’s receiving of a 2021 USTA (US Tennis assoc) Outstanding Facility Award. Also several staff members received the CPI (certified parks and recreation professional designation): Daniel Prieto, deputy leisure services administrator, Andi Mohl, tennis operations manager and earlier (due to covid) Tim Ford, Monette Preston and Ashley Shipman.
  • Mayor Litt acknowledged Firefighter Christina Krakowski and Jodi Kalish, Police Officer for their part in the podcast ‘The Woman Effect’ making it in a male dominated industry by/for Palm Beach North Chamber.
  • City Attorney Max Lohman said that the city was progressing with its Mobility case with the county – filing answers and counter-claims (the city counter sued county), described some discovery issues and scheduling depositions.
  • City Manager Ferris said that the latest interlocal agreement with the County had been submitted regarding the Bayhill/Northlake traffic signal and that the County should give approval and the City was ready to go next week with installing the signal.

The next council meeting will be held on Wednesday September 22 at 6pm – primarily as the 2nd Reading and Adoption of the millage and the FY 2021/2022 Budget.

PBG 3.3% Tax Increase Actually Less than Inflation

The proposed 2021 PBG Budget raises about $2.3M in new taxes, up a modest 3.3% over last year. See the Proposed Budget here.

With the millage flat at 5.55 since reduced to that level in 2016, this is the seventh year that increases in property valuations and new construction have provided an equivalent increase in revenue without raising the tax rate. In 2015, ad-valorem revenue was $49M. This year’s $72M is a 46% increase over the six years of flat millage.

Unlike the six years previous, the 2022 budget needs to be thought of differently because excessive federal spending and money printing by the Federal Reserve has brought us a repeat of the inflationary environment of the ’70s. The Bureau of Labor Statistics tracks the “CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS (CPI-U)” monthly. In July of this year, that figure stands at 273 – up a whopping 5.4% over one year ago when it was 259. It has been climbing at a yearly rate in excess of 5% for the last 3 months, and was up 4.2% in April. In prior budget years, inflation was negligible compared to increases in the ad valorem tax. Let’s assume it continues for another 9 months and the July 2022 figure is 288. Adjusting the tax increase for inflation, the $72M becomes $68M in 2021 dollars – a $1.4M decrease (-2%) in Ad Valorem taxes.

Projecting out the PBG population estimates from the Bureau of Economic and Business Research (BEBR at UFL), the Gardens population will be just shy of 59K in 2022, up about 2%. The TABOR multiple (Taxpayer Bill of Rights – inflation times population growth) is therefore about 7.5%.

TABOR


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

Since 2005, the population of Palm Beach Gardens will have grown by about 40% (BEBR estimate – see below) to its estimated 2022 level of 59K.  Inflation, measured by the consumer price index, will be about 48%. Taken together, TABOR would suggest a growth in city spending and taxation of about 107%. (see graph below).

Over the same period (2005-2021), ad-valorem taxes grew 104% and total expenditures (budget less debt payment, capital and transfers) grew 93%. Spending closely follows the TABOR line, and ad-valorem taxes is not widely divergent (although exceeding TABOR since 2017) suggesting spending and taxation appropriate to a growing city.

It should be noted that ad-valorem taxes fund only a part of city expenditures, the rest made up from impact fees, fees for services, other taxes, intergovernmental grants, etc. and have varied from 66% of the total in 2005 to about 70% now. That is why taxes and expenses do not track each other on the chart.

Another useful measurement is taxes per capita – Ad valorem taxes divided by population and then inflation adjusted. By this measure, in 2005 we paid $1,170 per person to our city and in 2022 it will be $1,154 (2021 dollars) – an actual decline.   Tax per capita was as low as $1056 in 2014 after a millage reduction.  It should be noted that as property owners, we pay taxes to other entities besides the city – county, schools, health care district, etc. In 2021 the Palm Beach Gardens portion of the amount on our TRIM statement is about 27% of the total.

The chart below shows an actual decline in per-capita taxation for two years in a row. However, there is reason to believe the BEBR population estimates have missed some of the city’s growth (see below).  If the numbers were to be adjusted to match the growth in voter registrations since 2016 for example, the curve would be flatter since there are more people to pay the taxes.

So if you trust TABOR, or per-capita as measuring sticks, this modest growth in taxation for 2021 seems appropriate in our view. You be the judge.

A word about population estimates.

Estimates of the Gardens population vary.   The numbers used in the preceding two charts are based on the University of Florida’s Bureau of Business and Economic Research (BEBR) data.   By their measure, we have grown 34.6% to 2020 (the last number given) since 2005.   The US Census has a different set of numbers and they claim 39% over the same period.   BEBR says we had 56,709 residents in 2020.  the Census said 58,410. Projecting to 2021 at the same rates would get approximately 59K and 60K respectively.

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

 

Downtown Takes Center Stage at Council – but Avenir Close Behind

The bulk of the PBG August City Council meeting was spent reviewing the plans for Downtown Palm Beach Gardens (spanning Ordinances 6/7, 2021 and Resolutions 41/42, 2021), all of which passed 5:0. Richard Slifer, of The Landmark and on its board, made public comment stating that Shopcore (the developer) had excellent communications with the community. He also expressed concerns about future traffic impacts and possible height issues should the remaining buildings be altered.  Both the Palm Beach Post in their article and Joel Englehardt in his OnGardens post covered the discussions and plans in detail.

The other major development project discussed on Thursday (via Resolutions 43/44 2021) was the site plans for Panther National Golf Course and Community in Avenir. The site will feature 218 estate homes on sites ranging from 1/3, 1/2 to 1 acre, along with a Nicklaus designed 18 hole golf course, training facilities with a 9-hole par 3 golf course, club house all with a contemporary look. The site is located adjacent to the reserve area. Both resolutions passed 5:0. Panther National’s website can be found here.

Also in the meeting:

Mayor Litt, at the request of Council Member Marciano, briefly adjourned the meeting so that the City’s youth soccer teams could be honored outside (due to Covid restrictions)

Public Comment was made by the following PBG residents

  • Ramona Bean – honored to be appointed to the Palm Beach TPA Citizens’ Advisory Committee (asked by District 1 Commissioner Marino)
  • Ernest Damiani – expressed concern about being cited for having a boat in his front yard/driveway and inability for him and others in similar situations to place their vessels behind their well-kept residences. Current code doesn’t even allow for a barrier to be placed around the vessel. He asked for the Council to reconsider. City Manager Ferris said that the current ordinance was passed in 2000 and while many residents were grand-fathered at the time, it is an issue that could be revisited. Mayor Litt requested that it be brought up in a future Council Meeting.
  • Joshua Hawthorne discussed a past interaction with the PBG Police, and Mayor Litt’s response was that this was not a Council issue but one to be taken up with the City Manager/staff. Mr. Ferris replied that Mr. Hawthorne will be provided with the public records he requested as well as a complaint form.
August 5

The Consent Agenda passed 5:0, along with the Women’s Equality Day proclamation that Vice Mayor Reed had pulled to discuss separately.

City Manager Report:  PBGYY was hosting the under 10 and under 12 Cal Ripkin World Series in the Gardens which was bringing in 1200 people from around the country, and filling over 550 local hotel rooms from August 6-14.

Other business:

  • Ordinance 9, 2021 regarding amending Chapter 66 with updates to the Business Tax due to state changes – first reading – 5:0
  • Resolution 32, 2021 – annual CDBG Action Plan – passed 5:0
  • Council discussion on how they should discuss as a body bringing recognition and awards to the Council and consistency in the writing of letters. Vice Mayor Reed suggested to City Attorney Lohman that confetti and balloon use on city grounds be added to the styrofoam/styrene ordinance.

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