Received via email 4.5.24:
Dear Town Council members and Mayor Moore,
I realize Resolution # 033-2024 was approved 3-2 on March 12, 2024, and that the minutes were just published. I am writing to make you aware of certain facts that may have been missed when the item was initially on the Consent Agenda, before being transferred to the Regular Agenda.
The key facts are:
1. No notice was provided to prior known objectors. Patrick McGowan and his wife Lisa, residing at 251 Park Ave. were contacted, to seek their support, by Maura Ziska (attorney for the Anonymous Donor) on August 19, 2023. They replied to Ms. Ziska the same day, August 19, 2023, with their concerns. Their comment was, “While these renderings are certainly suitable for a commercial or downtown location, they are not necessarily an enhancement for a residential block. The openness and usable green space of the parks are their greatest attribute.” This objection must not have been communicated to the Clerk or Mr. Brazil, who was the sponsor, to have had it placed on the Consent calendar for the meeting.
2. The North Park sketches submitted August 2023 included 3-foot-high open metal fencing. The plans presented on March 12, 2024, changed to a 4-foot solid wall for the South Park along with new transformers in both parks. No notice was provided, nor were any of these changes explained to anyone. Mr. Corey Myer, of Neivera Williams Design, the landscape architect for the project, was included in the letter to and the response from Mr. McGowan. He did not speak up at the meeting when the Mayor asked if any objections had been made.
3. As abutting neighbors, no notice has been provided to the Management, nor any owners of the Palm Beach Hotel Condominium. The March 12, 2024, Council minutes reflect that the only notice required for this resolution was notice on the agenda.
4. The minutes reflect Mr. Paul Brazil stated that the two parcels were donated to the Town several years ago. As an additional fact for your knowledge the South park adjacent to the hotel/condominium deed contains a provision which dedicates all or part of the land to public use as a park and green space. However, the next sentence reads, “The provisions of this paragraph shall terminate 15 years after the date” (June 30, 2009). See the deed attached.
5. Importantly, the restriction as an open space and park lapses on June 30, 2024, less than 60 days from now. This will leave the Town as the fee only owner. There will be no park restrictions unless the Council proactively decides to extend this park classification. This is a material fact that should have been discussed during the open session. I suggest the public park classification be extended for another 15-year term or indefinitely.
6. I understand that Mr. Brazil would have been the one that was responsible for placing this on the Consent calendar. I do not believe he was informed of the prior objections from Mr. Patrick McGowan.
7. Mr. McGowan’s prior August 19, 2023, email response, included Mr. Corey Myer, the anonymous donors landscape architect, who was present at the public meeting. Mr. Myer did he not make the Council aware of Mr. McGowans prior objection or the change of plans regarding fences, fence height and transformers from the Augus19, 2023 proposal.
8. Finally, the current placement of the transformers on the South Park creates a hazardous and dangerous situation for service and emergency vehicles trying to access the hotel.
In conclusion, as an abutting neighbor, I request a rehearing with an opportunity for full discussion by adjacent neighbors, with input from the Council. Please forward this to the Director of Planning, Zoning and Building, as the Minutes reflect neighbors will be required to complete a consent form.
Thank you for your work on behalf of all residents of the Town of Palm Beach.
Anthony Clarke Smith
Katherine H. Smith
235 Sunrise Ave. #3106 and #1010
Palm Beach, FL 33480
Attachments:
Deed
McGowan email of August 2023
Minutes
McGowan email recent March 30, 2024
Public Comment, Town of Palm Beach Admin
admin
about 1 year ago
Received via email 3.20.24:
Dear Town Council Members and Mayor Moore,
I am writing on behalf of ourselves and our directly neighboring residents to the proposed, and surprisingly approved project concerning the 2 parks on our street. I checked in with Kelly Churney and then Public Works Director Paul Brazil as to the status of this project and the breakdown in communications (see below). Unfortunately not only we were not notified about the project that directly borders our property, but no sign has ever been posted or official renderings transmitted. It is hard to believe that we had to hear about this second hand and then had to scour the Palm Beach Daily News for the article. It is also unsettling that a project of this magnitude is mysteriously the first case of lack of NOTICE to neighbors and is going to become an example for correct procedure in the future.
Lastly we are not comfortable with an "anonymous donation" and what that may hold for the future use of our peaceful, open green-space parks that are enjoyed by the residents of Park Ave and its immediate Palm Beach residents.
At this time we agree with Councilwoman Julie Araskog and Council President Pro Tem Bobbie Lindsay to defer this project until all the parks neighbors are notified and given an opportunity to comment on the plans. I am including incoming Town Council member Bridget Moran in case there is overlap.
Thank you all once again for your hard work and dedication to preserving our beautiful town.
Sincerely,
Patrick and Lisa McGowan, and all Park Ave residents.
251 Park Ave
Palm Beach, FL 33480
Received via email 4.5.24:
Dear Town Council members and Mayor Moore,
I realize Resolution # 033-2024 was approved 3-2 on March 12, 2024, and that the minutes were just published. I am writing to make you aware of certain facts that may have been missed when the item was initially on the Consent Agenda, before being transferred to the Regular Agenda.
The key facts are:
1. No notice was provided to prior known objectors. Patrick McGowan and his wife Lisa, residing at 251 Park Ave. were contacted, to seek their support, by Maura Ziska (attorney for the Anonymous Donor) on August 19, 2023. They replied to Ms. Ziska the same day, August 19, 2023, with their concerns. Their comment was, “While these renderings are certainly suitable for a commercial or downtown location, they are not necessarily an enhancement for a residential block. The openness and usable green space of the parks are their greatest attribute.” This objection must not have been communicated to the Clerk or Mr. Brazil, who was the sponsor, to have had it placed on the Consent calendar for the meeting.
2. The North Park sketches submitted August 2023 included 3-foot-high open metal fencing. The plans presented on March 12, 2024, changed to a 4-foot solid wall for the South Park along with new transformers in both parks. No notice was provided, nor were any of these changes explained to anyone. Mr. Corey Myer, of Neivera Williams Design, the landscape architect for the project, was included in the letter to and the response from Mr. McGowan. He did not speak up at the meeting when the Mayor asked if any objections had been made.
3. As abutting neighbors, no notice has been provided to the Management, nor any owners of the Palm Beach Hotel Condominium. The March 12, 2024, Council minutes reflect that the only notice required for this resolution was notice on the agenda.
4. The minutes reflect Mr. Paul Brazil stated that the two parcels were donated to the Town several years ago. As an additional fact for your knowledge the South park adjacent to the hotel/condominium deed contains a provision which dedicates all or part of the land to public use as a park and green space. However, the next sentence reads, “The provisions of this paragraph shall terminate 15 years after the date” (June 30, 2009). See the deed attached.
5. Importantly, the restriction as an open space and park lapses on June 30, 2024, less than 60 days from now. This will leave the Town as the fee only owner. There will be no park restrictions unless the Council proactively decides to extend this park classification. This is a material fact that should have been discussed during the open session. I suggest the public park classification be extended for another 15-year term or indefinitely.
6. I understand that Mr. Brazil would have been the one that was responsible for placing this on the Consent calendar. I do not believe he was informed of the prior objections from Mr. Patrick McGowan.
7. Mr. McGowan’s prior August 19, 2023, email response, included Mr. Corey Myer, the anonymous donors landscape architect, who was present at the public meeting. Mr. Myer did he not make the Council aware of Mr. McGowans prior objection or the change of plans regarding fences, fence height and transformers from the Augus19, 2023 proposal.
8. Finally, the current placement of the transformers on the South Park creates a hazardous and dangerous situation for service and emergency vehicles trying to access the hotel.
In conclusion, as an abutting neighbor, I request a rehearing with an opportunity for full discussion by adjacent neighbors, with input from the Council. Please forward this to the Director of Planning, Zoning and Building, as the Minutes reflect neighbors will be required to complete a consent form.
Thank you for your work on behalf of all residents of the Town of Palm Beach.
Anthony Clarke Smith
Katherine H. Smith
235 Sunrise Ave. #3106 and #1010
Palm Beach, FL 33480
Attachments:
Deed
McGowan email of August 2023
Minutes
McGowan email recent March 30, 2024
Received via email 3.20.24:
Dear Town Council Members and Mayor Moore,
I am writing on behalf of ourselves and our directly neighboring residents to the proposed, and surprisingly approved project concerning the 2 parks on our street. I checked in with Kelly Churney and then Public Works Director Paul Brazil as to the status of this project and the breakdown in communications (see below). Unfortunately not only we were not notified about the project that directly borders our property, but no sign has ever been posted or official renderings transmitted. It is hard to believe that we had to hear about this second hand and then had to scour the Palm Beach Daily News for the article. It is also unsettling that a project of this magnitude is mysteriously the first case of lack of NOTICE to neighbors and is going to become an example for correct procedure in the future.
Lastly we are not comfortable with an "anonymous donation" and what that may hold for the future use of our peaceful, open green-space parks that are enjoyed by the residents of Park Ave and its immediate Palm Beach residents.
At this time we agree with Councilwoman Julie Araskog and Council President Pro Tem Bobbie Lindsay to defer this project until all the parks neighbors are notified and given an opportunity to comment on the plans. I am including incoming Town Council member Bridget Moran in case there is overlap.
Thank you all once again for your hard work and dedication to preserving our beautiful town.
Sincerely,
Patrick and Lisa McGowan, and all Park Ave residents.
251 Park Ave
Palm Beach, FL 33480