Avenir and $64 Million in City Projects the ‘Big Ticket’ items at the 1/10/19 Council Mtg
The first meeting of 2019 included several presentations, a progress report on Avenir, an update on City Projects, and the usual first budget amendment of the year.
City Projects
David Reyes, CS Administrator/Dir. of Emerg. Mgmt, gave a comprehensive update on City Improvement Projects including those funded by the 1 cent sales tax. The over $64 million in projects are project managed by the team of Mr. Reyes, Angela Brown, Deputy Community Services Administrator, and Jennifer Nelli, Operations Manager, while simultaneously performing their current responsibilties. City Manager Ferris pointed out that other municipalities frequently hire additional staff to oversee such projects, but the Gardens instead is using current staff. 
Involved in every one of these activities is Todd Engle, City Engineer – who Mr. Ferris described as ‘the Everready (Energizer) Bunny” and the ‘Tasmanian Devil’ for Mr. Engle’s ability to be everywhere at once. A list of the activities can be found at Current City Projects with a section for One Cent Sales Tax items. Among the items coming before the Council in February are the City Hall Remodeling and Expansion (estimated completion Spring 2020), Police Station Renovations (estimated completion Summer 2019) and the Tennis Center Clubhouse (estimated completion Summer 2019).
January 10thAvenir
Ken Tuma, Managing Principal, Urban Design Kilday Studios, reviewed the Conceptual Master Plan of the Avenir Site, before presenting the waivers sought in Site Plan #1 – which will consiste of 4 gated subdivisions. 
While a golf course has been mentioned before, Mr. Tuma went into slightly more detail on an extremely high-end ‘core golf course’, with 228 homes – similar to ‘Old Palm’. He also showed the placement of two Crystal Lagoons, one which will be incorporated into a subdivision, but the other which will be located in the Town Center, with a beach club, restaurants, a hotel and other items around it. Fifty-one percent of the property is dedicated to ecological restoration and open space, and over 2000 acres are restricted, under the auspices of the South Florida Water Management District. The preserve area, with nature trails, as well as all non-gated areas (subdivisions) will be open to and acessible to the public. View Mr Tuma’s presentation here.
Other items:
- Allan Owens, Finance Director described Ordinance 1, 2019, detailing the $39 million brought forward from 2018 projects
- City Manager Report – Among the topics discussed, Joe Corrao, Director of Public Services, described the transition from Pubic Auction of used city items, to selling such items online, via the GovDeals.com auction website. It operates similarly to Ebay and items can be purchased by anyone. Check it out!
- Presentations included:
- RECOGNITION OF THE PALM BEACH GARDENS GATORS: 2018 POP WARNER FOOTBALL JUNIOR VARSITY DIVISION SUPER BOWL CHAMPIONS.
- WEISS SCHOOL UPDATE ON THE LAUNCH OF THE CUBE SATELLITE.
- HONDA CLASSIC COMMUNITY IMPACT PRESENTATION.
- VETERANS ADMINISTRATION PRESENTATION.
- USTA UNITED STATES TENNIS ASSOCIATION AWARD TO THE CITY OF PALM BEACH GARDENS TENNIS CENTER AS THE MEMBER ORGANIZATION OF THE YEAR AWARD.
- UPDATE ON CIP AND ONE CENT SALES TAX PROJECTS
- During Items of Public Interest and Board Committee Reports, Council Member Lane suggested that there be a Workshop in the near future on what he called Essential Services Housing strategy – which we assume means “Workforce Housing”.
All Resolutions and Ordinances passed 5:0. There was no City Attorney Report.
More Development; City Coffers up $10+ Million; Actual Workforce Housing – ZIP!
The topic of Workforce Housing received the bulk of the discussion at the December 6th City Council Meeting, coupled with the addition of new development projects.
New Development and Workforce Housing:
Arcadia Gardens, on the Amara Shrine Center site on RCA Blvd. will be an Independent Living facility of 163 units. See the Palm Beach Post description here. Resident Peter Banting expressed concern that RCA Blvd is a 2 lane road, and that there will be safety issues with the addition of the property. Staff acknowledged that the road is owned by the County, and when the project is further along they will be able to work with the county for improvements. Part of the developers’ proposal included over $500K to be provided to the City for workforce housing.
Alton submitted amendments to Parcel F – which previously was going to contain an 8+acre park, to instead build an additional 56 townhomes and a 4.49 acre community park, justifying that the modifications due to the proximity of the new North County District Park.
Avenir together with staff, presented their proposal to provide $10 million now in lieu of providing 250 townhomes priced as workforce housing sometime in the future. The 250 units will still be built but priced at market. The rationale provided was to give the City money now to enhance the Burns Rd Recreation Center with $5 million – which Rosa Schechter (of Avenir Holdings) described as the ‘Ying and Yang‘ of workforce housing; 
and use the other $5+ million to develop a strategy and solution some time in the next year or so, for providing a central core in the city. The $5.5 million (Avenir plus Arcadia Gardens contributons) would be the start of a fund to help implement a future solution. So actual ‘workforce housing’ remains elusive – not just in the Gardens, but in other cities who discuss the need, make plans but so far have failed to actually execute. See: Avenir Can Provide $10 Million Instead of Including Workforce Housing for points made during the discussion.
Summarizing the other agenda items:
- Operation Sister City – next deployment of gifts for children took place on 12/10. Sponsors were recognized
- Governor Rick Scott awarded Palm Beach Gardens Officers Robert Ayala and Rafael Guadalupe the Governor’s Medal of Heroism
- Mayor’s Veterans Golf Tournament raised over $33K for the Veterans Administration this year
- The Consent Agenda and all Ordinances and Resolutions on the Agenda were passed 5:0 with minimal discussion except for Arcadia Gardens and Avenir.
- City Attorney Lohman gave a brief update on upcoming legal actions:
- 12/13/18 – Mediation for Sears Attorney Fees
- 01/15/19 – Sid Dinerstein vs PBG et al lawsuit from March election
- 02/11/19 – Motion for Summary Judgement – Sid Dinerstein vs PBG et al, lawsuit from August election
The January City Council meeting will be held on January 10, 2019.
Out with the Old, In with the New
The Nov 1, 2018 City Council meeting had a fairly short agenda and was lightly attended. Save the date, December 6 at 6PM however as the December agenda is already long and will begin an hour earlier.
The meeting began with a revenue-sharing check presentation by Solid Waste Authority in the amount of $739K for several years worth of recycling by Gardens’ residents and businesses. The representatives also wanted the public to know about “Celebrate America Recycles Day With the SWA!” Open House on Saturday November 17 from 8am to noon. Here are more details about this opportunity to know what happens when you recycle. Interesting for children and adults alike!
Former Mayor David Levy gave his quarterly report as the City’s representative to the Loxahatchee River Management Coordinating Council, of which he is Secretary.
The City Manager’s report included:
- An update by Police Chief Clint Shannon:
- on the Canine Training Facility shared with with neighboring agencies
- Officers assisting with security in our local schools
- Assistance provided to Mariana FL/Panama City after Hurricane Michael for 7 days
- Deputy City Manager Steve Stepp described Operation Sister City – where Gardens’ Police, Fire-Rescue and Public Works sent to trailers of equipment and supplies to Bay County and the City of Calloway. Also described were the efforts to provide donations by City employees and the public. See Operation Sister City for more information on how you can help.
The Council approved Resolution 67, 2018 – approving the site plan for a 469 single-home Age-Restricted subdivision on a 195 acre site in Avenir. They also approved the sale of the Burns Road Property for $3.8 Million to Stor-All Acquisitions LLC. The proceeds from the sale will be earmarked for use in the City’s capital improvement projects
All other items on the agenda were approved 5:0 with little discussion.
City Attorney Lohman gave a brief update on the two Sears lawsuits. Sears-1 is pending and the City added outside council in negotiating on attorneys’ fees. Sears-2 – since Sears has filed Chapter 11 there is much disruptiong at the company and theypaln to dismiss the case without prejudice so that it can still be refiled in the future…
City Council Approves a New Residential Development
Much of the Council’s agenda for the evening consisted of 2nd reading and adoption of procedural rezoning ordinances and associated resolutions for areas annexed last year: Carlton Oaks, Osprey Isles, Star of David Cemetery and Northlake CLF. These all passed 5:0. Also passing without comment was the Carl’s Plaza voluntary annexation.
Council Member Lane pulled Resolution 66, 2018 from the Consent Agenda regarding the delegation of authority for City Manager Ferris and City Attorney Max Lohman to negotiate a settlement with Sears. See Sears: Palm Beach Gardens Pay Our $2.1 Million Legal Bill. Lane wanted to ensure that the amount of such settlement would not be subject to a confidentiality agreement, given that it concerns potentially a large amount of taxpayer funds. He was assured that any settlement would be public.
The Council also passed on first reading, Ordinance 19, 2018, which staff recommended as new policy regarding memorials and monuments on city owned property. Natalie Crowley – director of Planning and Zoning, suggested that Lake Catherine Park, already a passive park, would be ideal for such memorials, and any such monuments would have to go through a rigorous process to be approved. All on Council were supportive of the proposal.
Most of the public in the audience were there for Ordinance 22, 2018 – 2nd reading and adoption of Bonnette Hunt Club PUD Site Plan approval. Concerned citizens from the adjoining Mirabella voiced privacy issues, as well as issues with security, flooding and traffic. Speaking were Wendy Roth, John Guastella, Doris Noble, Louis Katz, Mark Blaitz (sorry can’t decipher), and Marc Richards. After public comment, Council Member Lane, also a resident of Mirabella, voiced his concern with the 7 significant variances requested for such a small 24 home project. He suggested that 2nd reading and approval be delayed until the berm issues were resolved. Council Member Marciano voiced sensitivity to the issues having experienced a similar one with his first home in the Gardens, but attempted to reassure the residents that the Council wouldn’t permit anything that would hurt the homeowners. Council approved the new subdivision 4:1 with Lane voting No. For more details see the Palm Beach Post article: Gardens Council Approves Homes on Former Bonnett Hunt Club.
Also passing 5:0 were two Alton Town Center resolutions regarding outdoor displays outside the new Publix as well as their Master sign program.
New appointments and re-appointments were made for the Art in Public Places Advisory Board, the Parks and Recreation Advisory Board and the Planning, Zoning and Appeals Board.
Of public interest coming up:
- Gardens Greenmarket back at the City complex on Sunday – October 8, 2018
- Transit Oriented Design Project Update for Palm Beach Gardens – October 25, 2018 – 6-8pm City Hall
- Veterans’ Day celebrations in November
Hilltop Property Sale Resolution Cried Out for a Workshop
The September 20th City Council meeting was the second of the month, primarily due to the need for the final hearing on the Budget. Budget related items went quickly, all passing 5:0. Comment was made by resident Barb Grossman regarding the money spent on the Charter Referendum campaigns. For more on the budget see “$2.5 Million Increase in 2019 Budget“.
Last on the listed agenda was Resolution 60, 2018 – Sale of the city-owned Hilltop Property. The 6-acre property currently contains 3 Seacoast Utility wells and the property is adjacent to another Seacoast well field. Seacoast provides water to Palm Beach Gardens. Everything about the item was handled in an unusual fashion.
- There was no staff presentation until Purchasing and Contracts Director Km! Ra did a brief review of the bidders.
- Mayor Marino referred to the packet that all the Council had. Obviously we in the public did not have such a packet unless it was what was submitted as part of the agenda. (Inquiring minds want to know.)
- Comment cards were handed in during the presentation, and all three bidders were allowed to speak – almost in a free form fashion when addressed.
- Speaking for Gardens Business Center One LLC was Steve Craig; speaking for Johan Kriek’s and Ira Saferstein’s Tennis Academy proposal were Johan Kriek and Wendy Link; speaking for Seacoast Utilities was Rim Bishop, Executive Director of Seacoast Utility.
- There was no expert testimony – all on Council deferred to the remarks made by the Seacoast’s Mr. Bishop. He made many what seemed to be ‘off-the-cuff guestimates’ that were used as facts with lifetime use of the wells ranging from 30-35 years to 50 years to 100 to over 100 years….
- No future advances in technology or usage were technically addressed.
For those interested – view council deliberation on Resolution 60, 2018 here.
The discussion was wide-ranging and would have lent itself to expert testimony, further input and preparation by the potential buyers before having the Council decide. In fact – this was the closest to a real workshop that this Council has had – however the right action, speaking as an observer, would have been to have held off and had further discussion prior to awarding the property to Seacoast Utility (of which the City is part owner).
After the peak of the discussion, Mayor Marino made a motion to offer the property to the highest bidder, the Tennis Academy and challenge City Manager Ferris to negotiate the best deal allowing for maximization of sites for future wells for Seacoast; if that didn’t work out then they would go to the next highest bidder (Gardens Business Center One) and negotiate the same way. Council Member Litt, citing her representation on the Water Resources Task Force had an issue with a public utility being beholden to a private property owner for future well usage. Council Member Woods was exploring private deals between the bidders that could get the Tennis Academy. Council Member Marciano didn’t want to challenge the science, deferring to the comments by Mr. Bishop and protecting the water supply. Council Member Lane also leaned to Seacoast and prioritizing the water supply. Lane made the motion to negotiate with Seacoast, Litt seconded it and it passed 5:0. Ferris clarified that he would be executing a letter of interest with Seacoast, the low bidder. Mayor Marino ended the discussion with the statement “Water Trumps All”. See Sarah Peters article “Gardens Selling 6 acres to utility” in the Palm Beach Post for additional information.
This was not the end of the meeting however. Council Member Litt wanted to discuss creating a formal City Council Resolution on an issue that has come before the Palm Beach County Commission regarding the Bear’s Club property and change in designation, supporting County staff in their recommendation to not accept a payment for property. While all on the Council did agree with the concerns, the conclusion of the discussion was that each on the council should write to the County Commission individually rather than taking a formal position. City Manager Ferris did point out that this Council has waded into political issues before.
When is a tax increase not a tax increase?
A lot of ground was covered in Thursday’s (9/6) City Council meeting.
We’ll start with the Fiscal Year 2018/2019 Budget Hearing – the first hearing of two, the second of which is scheduled for 9/20/18 at 7pm. There was no public comment and the proposed budget and tax rate passed 5:0.
As usual, Finance Administrator Allan Owens presented a thorough, easy to understand presentation of the proposed budget. His presentation can be seen here. What was out of the ordinary, however was Mr. Owens’ exception to some headlines in the Palm Beach Post discussing the City’s budget as a tax increase.
He stated that the headlines were misleading and that they were confusing to the Budget Oversight Committee.
Equally perplexing is this line from the Budget Oversight Committee’s final report “The City has taken affirmative steps to avoid a tax increase for the FY 2019 Budget”. When operational millage stays flat (as it has at 5.55 and in the proposed out years), and valuations rise – then taxes – the actual dollars taken in, and the actual costs to the tax-payers GO UP. The slight decrease in debt service millage has little influence on the taxes paid by the tax-payer. As former County Commissioner Jess Santemaria used to say ” It’s the dollars not the millage”. PBGWatch’s article entitled $2.5 Million Tax Increase in 2019 Budget , as well as our agenda item note “(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). ” are in full agreement with the Palm Beach Post’s headlines. We hope that the wording in the Budget Oversight Committee’s report is a typo and that it should read “……steps to avoid a tax rate increase’….
The Election Results were approved 5:0 and 3 of the Council chose to speak on the topic during Items of Resident Interest and Board and Committee Reports. Mayor Marino, Vice Mayor Woods and Council Member Marciano, all somewhat defensively, reiterated that it was right to place the charter questions on the ballot and letting the voters decide, even if it was the ‘unpopular’ thing to do. Marino stated that Matthew Lane also wanted to alter term limits to 2- 4 year terms. Yes – that was true during discussions on what, if anything, to place on the ballot. However Council Member Lane voted NO on placing each/any of the charter referendum questions on the ballot both in March and August. The other 4 council members voted YES on all. During Public Comment, Fred Scheibl noted that he’d never seen such uniformity of results, with almost every precinct in the city rejecting questions 1 and 3 by over 15 points, and suggested the Council never do this again. Sid Dinerstein also discussed his assessment of the Election results, and stated his objection to the “… city treasury being used as the Council’s campaign account”.
Two others made Public Comment: Gerald Richman – speaking for Sears regarding Dick’s Sporting Goods and continued issues with the Forbes Company (see Why There’s Still No Dick’s Store at the Gardens Mall ); Steen Ericksson, representing the Fire Chiefs Association of Palm Beach County inviting people to the 9/11 Remembrance Ceremony at Christ Fellowship Church in Boynton Beach at 7pm.
Allan Owens and the Finance Department were awarded the Government Finance Officers Association Distinguished Budget Award for the 21st Consecutive Year by Shannon Ramsey Chessman, Acting COO of the Palm Beach County Clerk and Comptroller’s Office. Mr. Owens thanked his team and specifically Mary Anderson-Pickle, Deputy Finance Administrator.
City Manager Ferris reported:
- The City’s Budget Department (Km! Ra) was awarded the Annual Achievement in Excellence Procurement Award
- Chief Frank Kitzerow of the Palm Beach County School District Police Department spoke on the outstanding support received from the City regarding the City’s supplying police for elementary school patrol and helping in the high schools as well.
- City Manager Ferris also read many letters of Commendation and thank you letters from residents to the Police Department, Parks & Rec, Building Department, Tennis Center, Code Enforcement and the Fire/Rescue Open House.
Ordinance 22, 2018 – The Bonnette Hunt Club PUD Site Plan Approval discussion resulted in some heated disagreements between Mayor Marino and Council Member Lane. At issue was the very high density and the number of waivers being approved for this very small (6.78 acres) parcel. Also making public comment was John Guastella, President of the Mirabella HOA representing 492 homes – and that this was the first time he was seeing these plans in the entirety and wished the HOA would have had the opportunity to see it. He also expressed concerns about the landscaping on the berm, the two-story homes impact on Mirabella property values. First reading of the ordinance passed 4:1 with Lane voting No.
The Consent Agenda and all other resolutions and ordinances passed 5:0.
There was no City Attorney Report so no status on the two outstanding Elections lawsuits regarding the Appeal to the 4th District Court on the March Election or the status of the lawsuit regarding the August Special Election. See Gardens Election Lawsuit Continues.
Save the date – Thursday September 20th at 7pm for the Second City Council Meeting and Final Reading and Approval of the FY 2018/2019 Budget.
The Voters Speak: A Resounding NO! to More Terms for Council Members
On August 28, almost 12,000 residents weighed in on the three PBG charter questions. This was almost three times the participation in the March election at which the Council first sought to resolve the questions.
In March, 2 questions were thrown out by a circuit court judge for being misleading, and they were clarified and put back on the August ballot as questions 1 and 2, with one issue (City Manager residency) separated out into question 3. March question 3 (Run Again) was allowed to go forward and did pass, but is still being challenged at the court of appeals.
The city had spent $35,000 for the March election, and then another $65,000 for August, ostensibly to “educate” the voters. Unfortunately, the campaign that resulted used misinformation to influence the voters to vote YES on all three questions, and this expenditure is being challenged in yet another lawsuit. The city’s actions, and the challenge to them, caught the attention of many residents through articles in the Palm Beach Post, and citizen’s sharing the news on social media and in emails.
The vote was definitive. Much as the original term limits question was passed with 80% in November 2014, voters said NO to the Council’s desire to have three terms instead of two (question 1), and they rejected the repeal of the City Manager residency requirement (question 3). Both of these were rejected by close to a 2 to 1 margin, and almost every precinct in the city voted NO by more than 15 points.
Question 2, which dealt with a general cleanup of the Charter passed with 60% of the vote.
Given the split vote (The city wanted YES to all, opponents wanted NO to all), you can probably conclude that voters were willing to trust the city to a certain extent that the charter rewrite was necessary, but soundly rejected the Council’s desire for more time in office.
It should be noted that a typical Gardens’s election shows a strong variation in the vote of different parts of the city. There are differences between gated and non-gated communities, eastern and western sections, older and newer areas, those with strong HOAs and those without. The March election showed these differences, but pointedly, the August election did not. It should be noted that March elections where city races are usually decided, have smaller turnout and tend to draw those that are most aware of city issues. City issues are incidental in August and November elections which primarily are deciding state and national races. The larger electorates at these times are likely to decide based on a “policy filter” (eg. “we like term limits”), rather than a personal one (eg: “I trust the Mayor so will vote her way”). Of course, whether you follow city issues or not, if you live in Palm Beach Gardens, your vote is as good as any other, and higher turnout is good for Democracy.
Hopefully, the city and Council will respect the wishes of the voters this time and we can put this all behind us.
Below are the results from the August election:
Question 1 – Three terms instead of two?
| Question 1 – Three terms instead of two | ||||
|---|---|---|---|---|
| Strong Yes | Weak Yes | Very Close | Weak No | Strong No |
| Click the precinct on the map for vote totals. | ||||
| Registered | Cast | Turnout% | YES | NO | Yes Margin% | ||
|---|---|---|---|---|---|---|---|
| 1186 | Mirabella | 1436 | 417 | 29 | 138 | 257 | 35 |
| 1188 | Westwood Gardens | 895 | 263 | 29 | 80 | 169 | 32 |
| 1189 | Old Palm – North | 95 | 17 | 18 | 4 | 13 | 24 |
| 1190 | The Isles, Paloma, San Michelle, Alton | 3547 | 980 | 28 | 344 | 592 | 37 |
| 1192 | Evergreen | 1440 | 400 | 28 | 121 | 253 | 32 |
| 1194 | Frenchmans | 2023 | 616 | 30 | 257 | 329 | 44 |
| 1228 | Osprey Isles, Carleton Oaks | 451 | 170 | 38 | 64 | 98 | 40 |
| 1238 | Mirasol | 1696 | 451 | 27 | 93 | 336 | 22 |
| 1240 | PGA National | 2454 | 750 | 31 | 266 | 449 | 37 |
| 1242 | PGA National | 2542 | 709 | 28 | 261 | 405 | 39 |
| 1244 | PGA National | 1537 | 503 | 33 | 185 | 291 | 39 |
| 1246 | Bent Tree, Garden Lks, Shady Lks, Gdns of Woodbury | 2382 | 610 | 26 | 146 | 442 | 25 |
| 1247 | Old Palm – South | 228 | 54 | 24 | 13 | 38 | 25 |
| 1248 | PGA-east. | 1497 | 499 | 33 | 152 | 330 | 32 |
| 1250 | Gardens Glen | 63 | 26 | 41 | 11 | 13 | 46 |
| 1252 | BallenIsles | 2288 | 802 | 35 | 294 | 475 | 38 |
| 1254 | Hunt Club | 445 | 154 | 35 | 39 | 106 | 27 |
| 1260 | Elm Avenue | 1294 | 472 | 36 | 118 | 338 | 26 |
| 1266 | Union Square, Randolph Way | 462 | 56 | 12 | 26 | 28 | 48 |
| 1268 | Golfers Drive, Lilac | 298 | 37 | 12 | 13 | 21 | 38 |
| 1270 | Lilac Park | 10 | 1 | 10 | 0 | 1 | 0 |
| 1272 | Holly Drive, Riverside | 1900 | 579 | 30 | 172 | 387 | 31 |
| 1274 | Gardenia Dr, Arbor Way | 1581 | 481 | 30 | 149 | 318 | 32 |
| 1280 | Lake Catherine | 392 | 129 | 33 | 57 | 69 | 45 |
| 1284 | Gardens Mall area | 2170 | 508 | 23 | 201 | 283 | 42 |
| 1288 | Oakway Circle | 38 | 13 | 34 | 4 | 8 | 33 |
| 1290 | The Oaks | 2084 | 633 | 30 | 196 | 408 | 32 |
| 1292 | Nature’s Way | 73 | 29 | 40 | 15 | 14 | 52 |
| 1296 | Prosperity Oaks, Marina Gardens | 727 | 149 | 20 | 54 | 84 | 39 |
| 1324 | Oaks East, Sandelwood | 1258 | 307 | 24 | 96 | 193 | 33 |
| 1326 | Siena Oaks | 557 | 206 | 37 | 68 | 129 | 35 |
| 1340 | Landing Place | 14 | 9 | 64 | 6 | 3 | 67 |
| 1352 | Steeplechase, Montecito | 2202 | 627 | 28 | 237 | 367 | 39 |
| 1360 | Sunset | 889 | 290 | 33 | 90 | 190 | 32 |
| 1372 | Sandtree | 162 | 32 | 20 | 10 | 22 | 31 |
| 6062 | Bay Hill Estates | 814 | 269 | 33 | 104 | 151 | 41 |
| 6064 | Rustic Lakes | 122 | 35 | 29 | 7 | 27 | 21 | TOTALS | 42066 | 12283 | 29% | 4091 | 7637 | 35% |
Question 2 – Charter Cleanup?
| Question 2 – Charter Cleanup? | ||||
|---|---|---|---|---|
| Strong Yes | Weak Yes | Very Close | Weak No | Strong No |
| Click the precinct on the map for vote totals. | ||||
| Registered | Cast | Turnout% | YES | NO | Yes Margin% | ||
|---|---|---|---|---|---|---|---|
| 1186 | Mirabella | 1436 | 417 | 29 | 223 | 163 | 58 |
| 1188 | Westwood Gardens | 895 | 263 | 29 | 141 | 99 | 59 |
| 1189 | Old Palm – North | 95 | 17 | 18 | 16 | 1 | 94 |
| 1190 | The Isles, Paloma, San Michelle, Alton | 3547 | 980 | 28 | 582 | 305 | 66 |
| 1192 | Evergreen | 1440 | 400 | 28 | 222 | 104 | 68 |
| 1194 | Frenchmans | 2023 | 616 | 30 | 369 | 181 | 67 |
| 1228 | Osprey Isles, Carleton Oaks | 451 | 170 | 38 | 102 | 44 | 70 |
| 1238 | Mirasol | 1696 | 451 | 27 | 217 | 203 | 52 |
| 1240 | PGA National | 2454 | 750 | 31 | 387 | 304 | 56 |
| 1242 | PGA National | 2542 | 709 | 28 | 423 | 233 | 64 |
| 1244 | PGA National | 1537 | 503 | 33 | 261 | 190 | 58 |
| 1246 | Bent Tree, Garden Lks, Shady Lks, Gdns of Woodbury | 2382 | 610 | 26 | 259 | 288 | 47 |
| 1247 | Old Palm – South | 228 | 54 | 24 | 33 | 11 | 75 |
| 1248 | PGA-east. | 1497 | 499 | 33 | 250 | 212 | 54 |
| 1250 | Gardens Glen | 63 | 26 | 41 | 15 | 9 | 63 |
| 1252 | BallenIsles | 2288 | 802 | 35 | 435 | 313 | 58 |
| 1254 | Hunt Club | 445 | 154 | 35 | 77 | 59 | 57 |
| 1260 | Elm Avenue | 1294 | 472 | 36 | 244 | 197 | 55 |
| 1266 | Union Square, Randolph Way | 462 | 56 | 12 | 37 | 13 | 74 |
| 1268 | Golfers Drive, Lilac | 298 | 37 | 12 | 22 | 11 | 67 |
| 1270 | Lilac Park | 10 | 1 | 10 | 1 | 0 | 100 |
| 1272 | Holly Drive, Riverside | 1900 | 579 | 30 | 287 | 257 | 53 |
| 1274 | Gardenia Dr, Arbor Way | 1581 | 481 | 30 | 232 | 214 | 52 |
| 1280 | Lake Catherine | 392 | 129 | 33 | 82 | 38 | 68 |
| 1284 | Gardens Mall area | 2170 | 508 | 23 | 335 | 121 | 73 |
| 1288 | Oakway Circle | 38 | 13 | 34 | 8 | 4 | 67 |
| 1290 | The Oaks | 2084 | 633 | 30 | 355 | 207 | 63 |
| 1292 | Nature’s Way | 73 | 29 | 40 | 20 | 6 | 77 |
| 1296 | Prosperity Oaks, Marina Gardens | 727 | 149 | 20 | 85 | 37 | 70 |
| 1324 | Oaks East, Sandelwood | 1258 | 307 | 24 | 160 | 117 | 58 |
| 1326 | Siena Oaks | 557 | 206 | 37 | 107 | 73 | 59 |
| 1340 | Landing Place | 14 | 9 | 64 | 5 | 0 | 100 |
| 1352 | Steeplechase, Montecito | 2202 | 627 | 28 | 366 | 200 | 65 |
| 1360 | Sunset | 889 | 290 | 33 | 155 | 113 | 58 |
| 1372 | Sandtree | 162 | 32 | 20 | 22 | 8 | 73 |
| 6062 | Bay Hill Estates | 814 | 269 | 33 | 177 | 57 | 76 |
| 6064 | Rustic Lakes | 122 | 35 | 29 | 15 | 17 | 47 | TOTALS | 42066 | 12283 | 29% | 6727 | 4409 | 60% |
Question 3 – Repeal City Manager Residency Requirement?
| Question 3 – Repeal City Manager Residency Requirement? | ||||
|---|---|---|---|---|
| Strong Yes | Weak Yes | Very Close | Weak No | Strong No |
| Click the precinct on the map for vote totals. | ||||
| Registered | Cast | Turnout% | YES | NO | Yes Margin% | ||
|---|---|---|---|---|---|---|---|
| 1186 | Mirabella | 1436 | 417 | 29 | 111 | 279 | 28 |
| 1188 | Westwood Gardens | 895 | 263 | 29 | 69 | 172 | 29 |
| 1189 | Old Palm – North | 95 | 17 | 18 | 8 | 8 | 50 |
| 1190 | The Isles, Paloma, San Michelle, Alton | 3547 | 980 | 28 | 255 | 642 | 28 |
| 1192 | Evergreen | 1440 | 400 | 28 | 109 | 221 | 33 |
| 1194 | Frenchmans | 2023 | 616 | 30 | 254 | 298 | 46 |
| 1228 | Osprey Isles, Carleton Oaks | 451 | 170 | 38 | 47 | 105 | 31 |
| 1238 | Mirasol | 1696 | 451 | 27 | 119 | 305 | 28 |
| 1240 | PGA National | 2454 | 750 | 31 | 208 | 493 | 30 |
| 1242 | PGA National | 2542 | 709 | 28 | 230 | 426 | 35 |
| 1244 | PGA National | 1537 | 503 | 33 | 129 | 332 | 28 |
| 1246 | Bent Tree, Garden Lks, Shady Lks, Gdns of Woodbury | 2382 | 610 | 26 | 117 | 444 | 21 |
| 1247 | Old Palm – South | 228 | 54 | 24 | 18 | 28 | 39 |
| 1248 | PGA-east. | 1497 | 499 | 33 | 118 | 345 | 25 |
| 1250 | Gardens Glen | 63 | 26 | 41 | 7 | 16 | 30 |
| 1252 | BallenIsles | 2288 | 802 | 35 | 286 | 477 | 37 |
| 1254 | Hunt Club | 445 | 154 | 35 | 39 | 100 | 28 |
| 1260 | Elm Avenue | 1294 | 472 | 36 | 108 | 343 | 24 |
| 1266 | Union Square, Randolph Way | 462 | 56 | 12 | 16 | 34 | 32 |
| 1268 | Golfers Drive, Lilac | 298 | 37 | 12 | 10 | 23 | 30 |
| 1270 | Lilac Park | 10 | 1 | 10 | 0 | 1 | 0 |
| 1272 | Holly Drive, Riverside | 1900 | 579 | 30 | 128 | 417 | 23 |
| 1274 | Gardenia Dr, Arbor Way | 1581 | 481 | 30 | 106 | 349 | 23 |
| 1280 | Lake Catherine | 392 | 129 | 33 | 39 | 83 | 32 |
| 1284 | Gardens Mall area | 2170 | 508 | 23 | 149 | 310 | 32 |
| 1288 | Oakway Circle | 38 | 13 | 34 | 5 | 7 | 42 |
| 1290 | The Oaks | 2084 | 633 | 30 | 177 | 401 | 31 |
| 1292 | Nature’s Way | 73 | 29 | 40 | 12 | 14 | 46 |
| 1296 | Prosperity Oaks, Marina Gardens | 727 | 149 | 20 | 41 | 84 | 33 |
| 1324 | Oaks East, Sandelwood | 1258 | 307 | 24 | 76 | 201 | 27 |
| 1326 | Siena Oaks | 557 | 206 | 37 | 60 | 124 | 33 |
| 1340 | Landing Place | 14 | 9 | 64 | 1 | 4 | 20 |
| 1352 | Steeplechase, Montecito | 2202 | 627 | 28 | 197 | 373 | 35 |
| 1360 | Sunset | 889 | 290 | 33 | 78 | 189 | 29 |
| 1372 | Sandtree | 162 | 32 | 20 | 8 | 22 | 27 |
| 6062 | Bay Hill Estates | 814 | 269 | 33 | 84 | 149 | 36 |
| 6064 | Rustic Lakes | 122 | 35 | 29 | 9 | 23 | 28 | TOTALS | 42066 | 12283 | 29% | 3428 | 7842 | 30% |
$2.5M Tax Increase in 2019 Budget
The 2019 PBG Budget raises $2.5M in new taxes, up 4.3% over last year. See the Proposed Budget here.
When the new budget was introduced to set the millage at the July meeting, it contained a generous increase in reserves, and had led one to hope that there was room for at least a token millage reduction, even with the potential for the passage of Amendment 1 in November. (Amendment 1 would increase the homestead exemption and reduce the tax take of the counties and municipalities.)
That is less likely now, as the Council (with a room full of uniformed officers staring them down) unanimously passed an emergency 12% raise for the Gardens Police in August. This was done with little advance notice and with little discussion, other than that the Sheriff was hiring with big bucks and many of the officers would be leaving the Gardens if they didn’t get more money. The net result (since the maximum millage had already been set) was to fund it from reserves.
You may recall that prior to the passage of the sales tax surcharge in 2016, PBG staff had said they didn’t need any additional sources of funds, and if it passed, would return some to the taxpayers in a millage reduction. That too changed of course when the full 10 year revenue stream was captured in a bond and allocated to projects starting immediately, including $11M for a new park.
Assuming the flat millage budget is passed, it will raise about $62M in Ad-Valorem taxes, up over 4% from last year. In the last year, inflation has increased by 2.8% and population by about 1.7%, so the increase is not out of line.
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 16% to its 2019 projection of 56,590 (est.) Inflation, measured by the consumer price index, will be about 33%. Taken together, TABOR would suggest a growth in city spending and taxation of about 55%. (see graph below).
Over the same period (2005-2019), ad-valorem taxes grew 76% and total expenditures (budget less debt payment, capital and transfers) grew 69%. Both are above the TABOR line, but note that in 2013, reductions in tax collection had actually returned to the trendline. It is only since then that we seem to be off to the races.
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 69% 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 $936 per person to our city and in 2019 it will be $1060 (2018 dollars). It should be noted that as property owners, we pay taxes to other entities besides the city – county, schools, health care district, etc. In 2019 the Palm Beach Gardens portion of the amount on our TRIM statement is about 27% of the total.
So if you trust TABOR, or per-capita as measuring sticks, is this growth in taxation excessive? You be the judge.
Palm Beach Gardens Results – Q1-NO; Q2-Yes; Q3-NO
The voters of Palm Beach Gardens, 28% of those registered, made their positions known. The turnout for the Primary/Special Election was certainly greater than we in PBGWatch expected. The results for all 3 questions were definitive. See the chart below. We will update the website with a more detailed analysis of the results by precinct when the information becomes available. Sarah Peters of the Palm Beach Post included comments from Mayor Marino and Sid Dinerstein in her article.
Legal action continues:
- “The questions are the subject of an unresolved lawsuit filed by Dinerstein days before the election alleging that city-produced flyers, robocalls and information on the city’s website wrongly advocated for the passage of the questions rather than educating the public”. There is a hearing on Friday, 8/31 on the lawsuit.
- Also unresolved is a second lawsuit by Mr. Dinerstein, currently in the 4th District Court of Appeals, regarding what was Question 3 in March – the ‘sit-out and run-again’ provision.
Summarizing:
- Palm Beach Gardens current and future council members can only serve for two-consecutive three year terms- unchanged – 65.5% NO
- Palm Beach Gardens City Managers must reside in the City, and must move there if not already a resident, within 1 year – unchanged – 70% NO
- Palm Beach Gardens Charter will be replaced by the one approved by the voters, meeting state statutes, removing outdated provisions and including other changes such as how vacancies are filled, definiton of a term, and other changes unrelated to statutes/updates. – 60% YES
Thanks to all the voters who did their research and voted on these issues.
Misleading Signage Says Vote YES – Keep Term Limits
Palm Beach Gardens voters may be confused by signs paid for by the Political Committee “Voters in Control“, on their way to the polls…. how can Vote Yes mean Keep Term Limits?
The City already has term limits passed in 2014 by over 16,000 voters, about 80% of the vote – for 2 3-year terms.
Voting YES would CHANGE term limits by adding a 3rd term.
A NO vote KEEPS term limits the way the voters passed them!!!!!
So who is Voters in Control?
A look at the FEC campaign treasurer reports listed on the City’s website shows that the Treasurer is Kim Lee Bove. Interestingly enough Kim Lee Bove is Director of Operations at Cornerstone Solutions, LLC – which is the same company that the City hired to ‘market’ the proposed charter changes.
One can review the listed donors in the March and April 2018 reports – the fairly short list includes mostly developers with business before the city. Why would they want council people to serve longer or not have term limits at all? We can think of lots of reasons…..
Who benefits by misleading the voter? You decide.
There is nothing wrong with donating to a PAC or having one – but their signage is highly misleading and we think that the voters should know.