HomeMy WebLinkAboutMinutes Council 061704CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
June 17, 2004
The June 17, 2004 Regular Meeting of the City Council of the City of Palm Beach Gardens,
Florida, was called to order at 7:08 P.M. in the Council Chambers of the Municipal
Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, and opened
with the pledge of allegiance.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Jablin, Vice Mayor Russo, Councilmember Clark,
Councilmember Delgado, and Councilmember Levy.
ADDITIONS, MODIFICATIONS AND DELETIONS:
Mayor Jablin reported Cotleur & Hearing had requested an addition, which was a waiver
request for Borland Center and RAM Development to reduce the 23 -day time requirement
between hearing by the Planning, Zoning and Appeals Board and the first consideration by
City Council. Deletion was requested of Resolution 13 8, 2004. Councilmember Clark moved
approval of the additions and deletions as read into the record by the Mayor. Councilmember
Delgado seconded the motion, which carried by unanimous 5 -0 vote.
ANNOUNCEMENTS / PRESENTATIONS:
Beautification and Environmental Awards - City Forester Mark Hendrickson introduced
Donna Wisneski, Chair of the Community Aesthetics Board, formerly Beautification and
Environmental Committee, who recognized other members of the committee and presented
the awards. Recipients were PGA Commons for commercial, Frenchman's Reserve for
residential.
Economic Development Oversight Committee — Dolores Key, Economic Development &
Marketing Administrator, reviewed the first year accomplishments of the committee, which
included identification of growth areas within the City and a targeted expedited permitting
program, which had been instituted for business applications. The committee submitted
recommendations regarding the Scripps project. Ms. Key reported that the committee had
been designated to be an advisory board, and recognized the committee members. Vice
Mayor Russo thanked Ms. Key, the City Manager, and other staff for their work. Ms. Key
introduced the team who had attended Bio 2004, an international convention, which provided
contacts of companies interested in the Scripps project. Other staff members reported the
amazing response experienced for the project at the convention.
Quarterly Financial Report — Financial Director Allan Owens provided the quarterly financial
report for the period ending March 31, including the general fund revenue and expenses,
and performance of various funds. Workers comp claims were down and bonds for
stormwater were in place; and other debt had been paid. New audit reporting requirements
were in process.
Proposed County Annexation Referendum - City Attorney Christine Tatum presented a draft
of the County's ordinance and explained that a workshop meeting was scheduled for the next
week. The County would develop a map containing future annexation areas for all the cities;
and proposed rural communities could only be annexed by a super majority vote of the
County Commission and a referendum. The City's response would urge the County not to
establish this proposed referendum. Mayor Jablin reported he and Growth Management
Administrator Charles Wu had attended a meeting regarding this at Juno Beach where
several municipalities objected to this initiative. Councilmember Delgado reported Palm
CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 2
Beach County League of Cities representatives from the whole county had put together
resolutions of opposition. Vice Mayor Russo expressed concern that some form of control
must be instituted before development in the groves, because of traffic concerns. Mr. Wu
indicated this was a heavy- handed approach, and there should be another avenue for a
solution.
ITEMS OF RESIDENT INTEREST:
Councilmember Delgado reported as a representative of Treasure Coast Regional Planning
Council, she had invited staff to attend meetings of the Council regarding the Scripps project,
and listed highlights of the work done to date. Councilmember Levy reported he had attended
a meeting at the high school regarding the Scripps property, where contentious remarks were
made because of environmental concerns. Councilmember Levy explained that the current
use of chemicals in the orange groves was a more dangerous situation than would exist after
development because stormwater runoff could be treated before it left the property after
development. Vice Mayor Russo requested a report at the next meeting of the money the City
had spent on the Vavrus property in case the upcoming closing did not take place.
Councilmember Clark reported MPO had met that day and had voted to authorize DOT to
consider various alternatives to extend State Road 7 northward to Northlake Boulevard.
Proposed bike lanes had also been discussed at length, and the proposed plan for the Delray
Beach area had been approved. Councilmember Clark requested time at the end of the
meeting to discuss another matter.
CITY MANAGER REPORT:
Acting City Manager Jack Doughney reported City Manager Ferris was back a couple of
hours each day and was also in contact via computer and was listening to this meeting. Mr.
Doughney commended the Scripps team. Mayor Jablin also extended compliments to the
team. Jim Jacoby was thanked for delivering the Right of Way Deed to Kyoto Gardens Drive
that day.
COMMENTS FROM THE PUBLIC:
Joan Elias, 1009 Diamond Head Way, reported she had attended the Scripps meeting, and
had been proud to be a resident, and commented this project would affect the City positively.
Carol Estrada, 309 Riverside Drive, thanked the City for the progress being made on
MacArthur Boulevard, commented on graffiti, and requested a detour sign at Lighthouse
Drive and Alternate AIA. Mayor Jablin reported the graffiti had been painted out
immediately. Vito DeFrancesco, 1049 Shady Lakes Circle, reported developers requested
something and laws were being changed to accommodate them. Mr. DeFrancesco advised
there was an upcoming proposed change in liquor licenses, proposed deletion of two public
hearings, and the upcoming items to be considered by Planning and Zoning had been
removed from the website, which had been a tool for residents to know what was coming up.
Mr. DeFrancesco requested that information be placed back on the website. Mr. DeFrancesco
thanked Councilmember Clark for his work on the Council, and also all the other
Councilmember's. Attorney Tatum addressed the public hearing issue, and explained no
changes had been made in public hearing requirements. Staff was requested to provide Mr.
DeFrancesco with the proper information regarding the public hearings issue.
CONSENT AGENDA:
Councilmember Clark moved approval of the Consent Agenda with inclusion of Resolution
138, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0
vote. The following items were approved on the Consent Agenda:
CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 3
a. Approve Minutes from April 15, 2004 regular City Council meeting.
b. Approve Minutes from May 6, 2004 regular City Council meeting.
C. Resolution 94, 2004 — Benjamin School Plat. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving the Benjamin School Plat; and
providing an effective date.
d. Resolution 123, 2004 - Grande at Palm Beach Gardens Plat No. 2 — A Resolution of
the City Council of the City of Palm Beach Gardens, Florida approving the Grande at
Palm Beach Gardens — Plat No. 2; and providing an effective date.
e. Resolution 124, 2004 - Voluntary compliance of the Countywide Fire Rescue
Minimum Level of Service Standards. A Resolution of the City Council of the City
of Palm Beach Gardens, Florida expressing the commitment to comply with
voluntary minimum fire- rescue level of service standards; and providing an effective
date.
f. Resolution 126, 2004 - Military Trail Improvement Grant Fee waiver. A Resolution
of the City Council of the City of Palm Beach Gardens, Florida related to the Military
Trail Improvement Grant Program; waiving all applicable building permit fees and
development application fees for eligible projects; and providing an effective date.
g. Resolution 132, 2004 — Proposed agreement between the City of Palm Beach
Gardens and Evergrene Community. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving an agreement for traffic control jurisdiction
between the City of Palm Beach Gardens and the Evergrene Master Association; and
providing an effective date.
h. Resolution 133, 2004 — Approve work authorization to LBF &H. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving a work
authorization for engineering services with LBFH, Inc. to provide geotechnical
services, engineering, landscape, architectural, permitting services, and construction
phase services related to the construction of the Burns Road Community Recreation
Campus Aquatic Facility splash area; authorizing the Mayor and the City Clerk to
execute the same; and providing an effective date.
i. Proclamation — IAAP -- International Association of Administrative Professionals
Florida Division Annual Meeting.
j. Resolution 138, 2004 — A Resolution of the City Council of the City of Palm Beach
Gardens, Florida opposing Palm Beach County's proposed Charter amendments and
implementing Ordinances which would preempt Municipal authority to voluntarily
annex real property into Municipal boundaries; urging the Board of County
Commissioners not to adopt such Ordinances; and providing an effective date.
PUBLIC HEARINGS:
PART I -- OUASI- JUDICIAL
The City Clerk swore in all those intending to testify in any of the quasi-judicial hearings.
Resolution 119. 2004 — Frenchman's Creek Clubhouse Amendment. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving the site plan amendment
petition of Land Design South, agent for Frenchman's Creek, Inc. for the clubhouse facility
at the Frenchman's Creek Planned Community Development (PCD), located East of
Alternate Al A, South of Donald Ross Road, and North of Hood Road, as described more
particularly herein, to allow for the relocation of three tennis courts, increased vehicle and
CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 4
golf cart parking, a 512 square -foot expansion of the existing pro shop, and the addition of a
refreshment stand; providing for waivers; providing for conditions of approval; and
providing an effective date. The City Clerk read Resolution 119, 2004 by title only. Mayor
Jablin declared the public hearing open, held on the intent of Resolution 119, 2004 and called
for any ex -parte communication by the Council. Councilmember Levy reported he had
spoken with staff, Vice Mayor Russo reported speaking with Bernie Poselli, Mayor Jablin
reported speaking with Bernie Poselli and other members of the Frenchman's Creek
community, Councilmember Clark reported no ex -parte communication. Brad Wiseman
presented the staff report. Hearing no comments from the public, Mayor Jablin declared the
public hearing closed. Councilmember Clark made a motion to approve Resolution 119,
2004. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote.
Ordinance 13, 2004 — Borland Center for Community Enrichment 2 °d reading. An Ordinance
of the City Council of the City of Palm Beach Gardens, Florida relating to rezoning;
providing for the rezoning of a parcel of land consisting of 47 acres, more or less, located
along the North side of PGA Boulevard between Gardens Square Boulevard and Shady
Lakes Drive, as described more particularly herein, from Planned Development area (PDA)
to a Mixed Use Planned Unit Development (MXD PUD) overlay with an underlying zoning
of mixed use (MXD) to be known as the Palm Beach Community Church/Borland Center
PUD; revising the zoning district map; and providing an effective date. (Resolution 92, 2004
is a companion item to Ordinance 13, 2004 and will require Council action.) Resolution 92,
2004 — Borland Center for Community Enrichment. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving a waiver of the residential requirement
within a mixed use project to allow for a mixed use Planned Unit Development (PUD)
utilizing non - residential mixed use intensities and measures; approving the master
development plan for the approximately 47 -acre property, known as the Borland Center /Palm
Beach Community Church (a.k.a. Parcel 6.O1A), located along the North side of PGA
Boulevard between Gardens Square Boulevard and Shady Lakes Drive, as described more
particularly herein, to allow the development of 64,533 square feet for a cultural center and
church facilities (500 -seat small theater /church facility with accessory uses and 300 -seat
banquet hall), 64,025 square feet for retail /commercial use, 19,950 square feet for restaurant
use, 10,900 square feet for professional office use, and 225 multi - family units; granting
conditional use approval for a 500 -seat small theater use /church and 300 -seat banquet
facility; providing for waivers; providing for conditions of approval; and providing an
effective date. The City Clerk read Ordinance 13, 2004 by title. Mayor Jablin read a letter
from the law firm of Holland & Knight, representative for the applicant, requesting a delay of
60 days. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 13,
2004. Ex -parte disclosures since the last hearing were as follows: Councilmember Delgado
spoke to staff, Councilmember Levy spoke with Ray Royce about the agreement, met with
Casey Cummings, Mike Gleaman, Bob Zucano, Hank Gonzales, Mr. Mann, and Kayhart
Pinder and discussed drainage for the site, garage design, and traffic concurrency. He then
had a phone conversation with Mike Gleaman later that day regarding traffic concurrency.
Vice Mayor Russo reported he spoke to Ray Royce, Casey Cummings, Dr. Underwood,
Richard Orman, Mr. Gleaman, and staff. Councilmember Clark spoke with staff and Casey
Cummings regarding the settlement agreement. Mayor Jablin spoke with Dr. Orman and
Casey Cummings. Councilmember Delgado reported she had also spoken with Casey
Cummings and Adrian Salee. Vice Mayor Russo reported he also spoke to Tom Keatis.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 5
Robert Davis, 118 Orchid Cay, advised that advertisements in the newspaper for changing
zoning were very hard to read and should not be in the sports section. Mayor Jablin explained
that size was due to cost. Dr. Davis suggested holding a meeting once a year to explain things
such as the difference in MXD residential and MXD non - residential, PGA overlay, etc. Dr.
Davis commented his understanding was the PGA Overlay amendment limited theaters to
500 seats except for churches, and suggested that might need to be discussed with Borland.
Bruce Honick, Shady Lakes, expressed concern with Borland being able to utilize
commercial zoning to build something not in Keyping with the feeling of a residential
neighborhood. Vito DeFrancesco, Shady Lakes, distributed a copy of the City's LDR's and
noted there was only one non - residential development listed in the comp plan and LDR,
which was non - residential MXD, and read aloud the definition. Mr. DeFrancesco's position
was that the requested waiver was incorrect and would cause problems, and explained the
undisclosed portion of the property bothered him. Margaret Smith, Thyme Drive, expressed
concern regarding increased traffic since her back property went to Shady Lakes Drive,
expressed concern regarding drainage, and requested mitigation of adverse impact to her
property by some type of barrier and moving Shady Lakes Drive more to the east as soon as
possible. Ms. Smith advised Mike Deskin and his wife had photos of an eagle's nest in the
area where the Borland Center was to be developed, but they were not present. Dr. Richard
Orman, 4203 Oak Street, advised the PGA Residents' Corridor Coalition had an agreement
to work together with Borland, the Commons, and the City to put a pedestrian crossing on
PGA Boulevard, asked that the PGA overlay include uses and intensity of uses before
consideration by City Council, and commented Borland had agreed to be bound by the
conditions of the PGA Overlay amendment and requested that be a condition of the
development order. Mr. Orman indicated the eagle that had visited his neighborhood 3 of the
last 4 winters had nested at the Ritz Carlton site, and he had not seen it this year. The City
Attorney clarified for the record that the City was not a party to the settlement agreement that
had been mentioned. There would be a public hearing August 5 if this public hearing was
continued tonight, and the Council would make their decision based on the evidence
presented to them. Ray Royce on behalf of the applicant commented each member of the
Council would receive a signed copy of the settlement agreement and a letter requesting
moving forward with the PGA Boulevard overlay and a waiver not to exceed a 500 -seat
theater. Mr. Royce requested this petition be continued until August 5, and indicated to be
sure everything was handled properly that the applicant had agreed to go back to Planning
and Zoning and then back to City Council. A waiver of the 23 -day provision was requested
so that the August 5 date could be met. Vice Mayor Russo stated he would not be present on
August 5, and thanked everyone for working together. Councilmember Levy indicated he
might not be present August 5. Councilmember Clark indicated he might not be present for
other reasons. Mr. Morrell, who represented the PGA Corridor Coalition, three adjoining
neighborhoods, and 13 individuals, agreed with everything requested by the applicant. Mr.
Wu cautioned if this was continued until August 5 and there was not a quorum it would not
continue. Consensus was to continue to July 15, when it could be continued again.
Councilmember Clark made a motion to continue the public hearing on Ordinance 13, 2004
and Resolution 92, 2004 to a date certain of July 15, 2004. Councilmember Delgado
seconded the motion, which carried by unanimous 5 -0 vote.
Resolution 139, 2004 — A Resolution of the City Council of the City of Palm Beach Gardens,
CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 6
Florida approving a waiver from Section 78 -43 of the City's Land Development Regulations
to reduce the minimum 23 -day waiting period for the proposed Borland Center /Palm Beach
Community Church Development application for a parcel of land located along the North
side of PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive, as
described more particularly herein; and providing an effective date. The City Clerk read
Resolution 139, 2004 by title only. Major Jablin declared the public hearing open and called
for ex -parte communication. Councilmember Levy reported he had spoken to the City
Attorney regarding this matter. The other members reported no ex -parte communications.
Vito DeFrancesco commented there had been procedural errors, some of which this might
correct, but he wanted it on the record that it had happened, ex -parte had not happened, cross
examination had not taken place, and a lot of things had not happened correctly. Mr.
DeFrancesco expressed his opinion this had not been posted correctly because there was still
no posting on the piece of property going up Shady Lakes Drive, which extended 1600 feet,
and code required a sign every 500 feet. Ray Royce commented when these items were called
to attention, it was clear everyone wanted to do it right and the applicant was not agreeing
anything was done wrong but was willing to go back to P &Z to be certain everyone got
heard. Mr. Royce commented all kinds of signs had been posted and neighbors had requested
some of them be taken down, to which staff had agreed, but stated they would post so many
signs you would not be able to see the trees. Mayor Jablin commented substance was one
thing, and there had been no intention in any way to circumvent the code or any laws, and
that was not done in Palm Beach Gardens. Hearing no further comments from the public,
Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to
approve Resolution 139, 2004. Motion was seconded by Councilmember Delgado and
carried by unanimous 5 -0 vote.
Resolution 105, 2004 — Amendment to the Regional Center DRUPCD. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida amending Resolution 96, 1999, the
Consolidated and Amended Development Order for the Regional Center Development of
Regional Impact (DRI) and Planned Community Development (PCD); amending the Master
Development Plan to allow for modifications to the conversion matrix to allow the
conversion of hotel rooms and business and research office to no more than 238 multi - family
residential units on Parcel 27.09 and to modify the established minimum thresholds for these
uses within the DRUPCD; authorizing the City Clerk to transmit copies of this Resolution to
the Florida Department of Community Affairs, the Treasure Coast Regional Planning
Council, Palm Beach County, MacArthur Center Property Owner's Association, Inc., and the
Mall Residence Hotel, LLC; and providing an effective date. The City Clerk read Resolution
105, 2004 by title only. Mayor Jablin declared the public hearing open, held on the intent of
Resolution 105, 2004, and called for ex -parte communications. Councilmember Delgado,
Councilmember Levy, and Vice Mayor Russo each reported they had met with staff and had
also spoken with John Gary. Councilmember Clark and Mayor Jablin both reported they had
spoken with John Gary and John Sapo. Mayor Jablin reported he also spoke to Jim McCovey
and Craig Menin. Growth Management Division Director Talal Benothman presented the
proposed amendment. John Gary spoke representing Mall Properties, LLC, and Kolter
Properties, who had entered into an agreement to purchase the property. Discussion ensued.
Craig Menin, owner of the rest of the undeveloped property at the mall, indicated that
property would be the place to have a high -end business hotel, which would be gone if this
were approved. Mr. Menin asked that a conceptual site plan be attached to the NOPC. Dr.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 7
Robert Davis commented he was at Planning and Zoning during consideration of Landmark
and they were told that was the last residential area allowed in the DRI. Dr. Davis expressed
his opinion changes should not be done over and over again, and questioned if this would
really be the last of the residential. Mr. Benothman clarified past statements by staff. Hearing
no further comments from the public, Mayor Jablin declared the public hearing closed.
Councilmember Clark moved approval of Resolution 105, 2004 with the amendment of
adding a paragraph "c" in Section 3 to provide that the maximum height of any structure on
parcel 27.09 shall be 140 feet. Councilmember Delgado seconded the motion.
Councilmember Levy stated for the record that he agreed with the amendment; however, he
was going to vote against this and did not want it to be known that he voted against the
amendment. Motion carried by 4 -1 vote, with Councilmember Levy opposed.
Following a short break, the meeting was reconvened.
PART II — NON - QUASI- JUDICIAL
Ordinance_ 14, 2004 — Amending section 2 -294, code of ordinances entitled "bidding
threshold" (2nd reading). An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida relating to purchasing; amending Section 2 -294, Code of Ordinances
entitled "Bidding Threshold "; creating a new Section 2 -295 to be entitled "Purchasing
Procedures "; repealing Sections 2 -301 through 2 -304, inclusive, in their entirety; providing
for codification; and providing an effective date. The City Clerk read Ordinance 14, 2004 by
title only. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 14,
2004. Hearing no comments from the public, Mayor Jablin declared the public hearing
closed. Councilmember Clark made a motion to place on second reading and approve
Ordinance 14, 2004. Councilmember Delgado seconded the motion, which carried by
unanimous 5 -0 vote.
Ordinance 15, 2004 — Personnel System 2nd reading). An Ordinance of the City Council of
the City of Palm Beach Gardens, Florida relating to the Personnel Program; repealing
Articles 1 through 10, inclusive, of Chapter 3, Code of Ordinances; creating a new Article 1
to be entitled "Personnel System "; providing for codification; and providing an effective
date. The City Clerk read Ordinance 15, 2004 by title only. Mayor Jablin declared the public
hearing open, held on the intent of Ordinance 15, 2004. Hearing no comments from the
public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a
motion to place on second reading and approve Ordinance 15, 2004. Councilmember
Delgado seconded the motion, which carried by unanimous 5 -0 vote.
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"Parking, Stopping, and Standing" (2 °d reading). An Ordinance of the City Council of the
City of Palm Beach Gardens, Florida relating to parking; repealing Article III of Chapter 70,
Code of Ordinances, entitled "Parking, Stopping, and Standing" in its entirety; creating a new
article III of Chapter 70, Code of Ordinances, to be entitled "Parking, Stopping, and
Standing;" providing for enforcement; providing for codification; and providing an effective
date. The City Clerk read Ordinance 22, 2004 by title only. Mayor Jablin declared the public
hearing open, held on the intent of Ordinance 22, 2004. Hearing no comments from the
public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a
motion to place on second reading and approve Ordinance 22, 2004. Councilmember
Delgado seconded the motion, which carried by unanimous 5 -0 vote.
RESOLUTIONS:
CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 8
Resolution 128, 2004 — Approve a contract award to West Construction, Inc. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida awarding a contract to West
Construction, Inc. for the construction of the Lake Catherine Sports Complex clubhouse and
all related appurtenances; authorizing the City Manager to take all actions necessary to
complete the project in a timely manner, including, but not limited to, administrative site
plan approval, as well as to make all expenditures necessary to complete the project,
provided that the amount of such expenditures does not exceed the total amount budgeted for
this project; and providing an effective date. Todd Engle, Construction Services Director,
presented the staff report. Mayor Jablin requested consideration of replacing one existing
flagpole with a taller flagpole for the American flag. Vice Mayor Russo moved approval of
Resolution 128, 2004. Councilmember Clark seconded the motion, which carried by
unanimous 5 -0 vote.
ITEMS FOR COUNCIL ACTION /DISCUSSION:
Mayor Jablin reported the Northern Palm Beach County Improvement District was going to
elect two new members to its board next Wednesday and he had pushed to get a homeowner
representative on that board. Of the three candidates, Marilyn Jacobs would fit that criteria,
and Mayor Jablin asked that he be able to write a letter of support for her. The attorney
advised the Council could vote their property. Discussion ensued. Consensus was a letter
could be written by the Mayor personally, but not on City stationery. Councilmember's Levy
and Delgado indicated they were not comfortable endorsing a specific candidate. Discussion
ensued. Councilmember Clark made a motion that the City of Palm Beach Gardens vote its
property interest in the Northern Palm Beach County Improvement District election in favor
of Marilyn Jacobs. Vice Mayor Russo seconded the motion, which carried by 4 -1 vote, with
Councilmember Delgado opposed. Mayor Jablin advised this issue would be discussed
further during the budget process.
Councilmember Clark announced that after 11 -1/2 years of service on the City Council, he
and his family were under contract to purchase 5 acres outside the City where they could
raise horses, and he would continue to serve on the City Council so long as he maintained his
residence within the City, but when he no longer maintained residence within the City he
would resign. Councilmember Clark noted he would coordinate when he knew dates, to
reduce costs to the City in terms of having to hold a special election, and although he was
excited about a new venture, he was pained by having to leave the Council and had not
intended to do so. Councilmember Clark noted August 31 was the first date a special election
could be held and that other circumstances could make a 4- person council for up to four
months, and indicated he was trying to work with the Council and would do his best to ease
the transition. Mayor Jablin expressed his opinion that Councilmember Clark had been an
incredible addition to this City Council, and anything the City could legally do to keep him
on the Council so as not to hold a special election would be done, since there were many
projects coming up this summer. Vice Mayor Russo expressed his regret at losing
Councilmember Clark but admired that he was doing something for his family, and indicated
the Council would be happy to do whatever they could. Councilmember Delgado applauded
the decision for his personal life and indicated he would be missed. Councilmember Levy
commented he would miss having two David's on the Council. On behalf of Mr. Ferris's
staff, it was stated Councilmember Clark would be missed. Mr. Wu commented if Caloosa
was annexed, Mr. Clark would be eligible to run again. Joan Elias recalled the first Council
meeting she attended under Mayor David Clark, and indicated it had been a pleasure
CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 9
watching him over the years and she hoped his new home would not close for another 3 -4
months. Mayor Jablin commented the photographs of all the past mayors would be re -framed
and included as part of the history of the City.
CITY ATTORNEY REPORT:
City Attorney Tatum reported the City had had a tremendous success in the Vavrus case,
with the judge ruling in favor of the City on each of the ten counts that Mr. Vavrus had
brought against the City. The City still had a pending count that asked for a mandatory
injunction to abide by the City's code and also to re- forest the northern 225 acres that were
cut down. The judge had asked both sides to submit proposed orders and he would rule on
them without any more hearings, but the City was hopeful they would get additional relief
there. The City would file to seek recovery of some of their attorneys' fees, which would go
to the League of Cities, which had been covering the attorneys' expenses. Attorney Tatum
recognized the work of staff on this case, especially City Forester Mark Hendrickson who
had assembled thousands of documents and sat representing the City and did a remarkable
job, and also congratulated the litigation attorney, Rusty Roberts, whose dedication had been
commendable. The final judgment in this case would be filed as part of the summary
judgment in the Federal court case, scheduled to be heard this summer. Mayor Jablin
congratulated Attorney Tatum and everyone on staff who was involved.
ADJOURNMENT:
There being no further business to discus Ling was adjourned at 10:50 p.m.
APPROVAL:
MAY
VICE MAYOR RUSSO
CO
UNCILMEMBER DEUGADO
COUNCILMEMBER L Y
ATTEST:
CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 10
PATRICIA SN41TER
CITY CLERK-