HomeMy WebLinkAboutMinutes Council 081904CITY OF PALM BEACH G RDENS
CITY COUNCIL
REGULAR MEETIN
August 19, 2004
The August 19, 2004 Regular Meeting and Workshop Meeting of the City Council of the
City of Palm Beach Gardens, Florida, was called too der at 7:00 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 foll wing elected officials were found
to be in attendance: Mayor Jablin, Vice Mayor Russo, Councilmember Delgado, and
Councilmember Levy.
ADDITIONS, DELETIONS, MODIFICATIONS:
Mayor Jablin requested a motion for addition Of Resolution 192, 2004, under
RESOLUTIONS as Item E; requested modification of rdinance 38, 2004, and to move
Ordinance 38, 2004 immediately following the consent agenda to allow the consultant to
leave after this item. Councilmember Delgado ade the motion, seconded by
Councilmember Levy, and unanimously carried by 4 -0 ote.
ANNOUNCEMENTS / PRESENTATIONS:
Third Quarter Financial Report - Finance Director All n Owens presented the financial
information for the third quarter, which he compared to the prior year, and reviewed
significant items. Vice Mayor Russo requested a report n the golf course before October.
Councilmember Delgado questioned where the money w s from Downtown at the Gardens.
Mayor Jablin indicated that was designated for cultural u e in the Municipal Complex Plaza.
The City Manager explained that money was in the gene 1 fund in a specifically designated
line item, and had not been budgeted for expenditure thi coming year.
Award presentation to Fire Medic Jesse Egert - C. R. Br wn presented accomplishments of
Fire Medic Egert, and he was presented with a plaque or being nominated for the Palm
Beach County Paramedic of the Year. Chief Bergel repo ed the Fire Rescue Explorer Post
had participated in their first regional competition and ha placed third. A moment of silence
was observed for a Broward County sheriff deputy kille that day in the line of duty.
ITEMS OF RESIDENT INTEREST:
Councilmember Delgado reported she and the Mayor had attended the DARE graduation and
reported a meeting had been set up with the Police Department and school officials
expressing the City's support for this program in all of the schools, and as a result the
program would remain in operation. Police Chief Stepp described the programs that were
planned for the schools. Councilmember Levy provideda report from the last meeting of the
Loxahatchee River Management Coordinating Council that they had taken a position not to
locate Scripps at the Mecca site which he did not support and requested water management
not to do any permitting for Scripps on the Mecca site for one month so they would have
time to determine the impact on the river, but the water inanagement district had passed it.
Councilmember Levy reported he had visited the Palm Be ach aggregate pit and determined it
was a good place to store water. Vice Mayor Russo th nked staff and the council for the
previous day's news conference on Scripps, and clarified hat 7500 homes would not be built
if the Scripps project did not go forward. Mayor Jablin and the City Manager agreed. Jack
Harrison, the bike man, was present with one of the chi dren who had benefited from Mr.
Harrison's bikes. Mr. Harrison reported after his bic cles and tools had been stolen,
Councilmember Delgado had helped, and bicycles fro the Police Department had been
CITY OF PALM BEACH GARDENS REGULAR METING, 8/19/04 2
donated to Mr. Harrison. The boy was photographed with
ouncilmember Delgado, who had
picked out a bicycle that was given to him. Mr. Harrison reported
he had been able to realize
a dream of establishing a non - profit corporation, The Mayan
Family Services, which would
open near Broadway in West Palm Beach, to assist the Mayan
people from Central America
who were primarily migrant workers. Mr. Harrison thanked
the City and Councilmember
Delgado for spearheading this effort.
COMMENTS FROM THE PUBLIC:
Pat Hughey, Reed Drive, questioned when the plan fort the
Brigger Tract was approved by
the Council to be presented to Scripps. Mayor Jablin expl
ined the history of how this parcel
became an alternative site. There was no plan, just a packet
of information, and it had been
given to Scripps by the Mayor during the Council's trip to
the California Scripps site. Vice
Mayor Russo explained at times things must be kept confidential.
Mayor Jablin explained
this happened within a 48 -hour period, an opportunity p
esented itself, and he did what he
thought was right for the city and presented the information
to the people who made the
decisions. Councilmember Delgado clarified the Mayor
had just given them a map. It was
pointed out that in the report on their trip to Scripps in Ca
lifomia the rest of the Council was
told that this had been done. The City Manager comme
ted information was asked of the
Councilmembers all the time and they all took information
out and gave it to people, which
was what this was, this was not unusual, and to his
knowledge the Mayor had not
represented that this had been approved by the Council.
Councilmember Levy commented
there was no policy regarding the Brigger property, so there
was no reason to bring the entire
Council in on it. Bob Davis commented on the school assessment
of $50 for athletics, which
came out of the blue and that it should have been announced
at the beginning of the summer
so the kids could have got this money together before school
started. Mr. Davis requested the
Council support a proclamation that the schools should
pay this fee, not the individuals,
because some of the people were poor and it would be a
hardship. Mayor Jablin indicated
what was needed was to go to the School Board to try to get
them to change their policy. Mr.
Davis discussed the city council raise and felt the headline
in the newspaper was bad and he
felt the Councilmembers had more responsibility and t
is was a catch -up for the last 13
years. Mr. Davis suggested yearly raises based on cost of
living so it would not be such a
large number in the future, and stated he supported the raise.
Mayor Jablin commented the
annual raise based on cost of living was included in the
agenda item on this subject, to be
presented later in the meeting, and clarified it had been J
1 years since the last raise.
CONSENT AGENDA:
Councilmember Levy made a motion to approve the consent
agenda. Vice Mayor Russo
seconded the motion, which carried by unanimous 3 -0 vote.
The following items were
approved on the consent agenda:
a. Approve Minutes from July 15, 2004 reg
lar City Council meeting.
b. Resolution 154, 2004 — Election Canvassing
Board. A Resolution of the City
Council of the City of Palm Beach Gardens,
Florida appointing the Palm
Beach County Election canvassing board
as an additional member to the
City's canvassing board and authorizing
the Palm Beach County election
canvassing board to act on the City's behalf;
and providing an effective date.
C. Resolution 155, 2004: PGA Commons
— Special Event Application. A
Resolution of the City Council of the City
of Palm Beach Gardens, Florida
approving a two -month long special event
application at PGA Commons one
and PGA Commons three to be held every
Wednesday night during the
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/19/04 3
months of August and September general
Boulevard, one mile West of Military
approval; and providing an effective dat
d. Resolution 170, 2004 -- Approving a
Resolution of the City Council of the Ci
approving a work authorization for engin
provide engineering and surveying servi
and storm water projects; authorizing
execute the same; and providing an effe4
e. Proclamation — Good Neighbor Day.
ORDINANCE:
Ordinance 38, 2004 — Revised Impact Fee. An Ordinanc
Palm Beach Gardens, Florida amending Division IV o
entitled "Citywide Impact Fees" to update impact fees 1
Ordinances; providing for codification; and providing an
first reading. Finance Director Allan Owens presented tl
consultant, provided a presentation and explained the i
came for residential, calling for adjustments to the iml
from the Council. Mayor Jablin declared the public h,
Ordinance 38, 2004. Scott Worley representing Gold C
Vice Chair of Government Affairs, requested time to re,
joint agreement, and expressed concern regarding the an
located on the South side of PGA
ail; providing for conditions of
pork authorization to LBFH. A
of Palm Beach Gardens, Florida
;ring services with LBFH, Inc., to
;s related to the canal restoration
e Mayor and the City Clerk to
ve date.
of the City Council of the City of
Chapter 78, Code of Ordinances
irsuant to Section 78 -95, Code of
ffective date - -for consideration of
s staff report. Dr. James Nicholas,
ajority of public safety demands
ct fees; then answered questions
firing open, held on the intent of
past Builders Association as their
ew this study and come up with a
punt of increase as well as phasing
in of the fees. Jennifer Butler, representing Realtors Association of the Palm Beaches,
expressed concern regarding increased fees being passed to home buyers, and requested time
to review the proposed increases and requested phasing in over a year. Councilmember
Delgado reported she needed more time to review the ordifiance, and expressed concern staff
had recommended the opposite of everything recommen I by P &Z. Dr. Nicholas answered
questions regarding the methodology. Vice Mayor Russo indicated Dr. Nicholas was one of
the premier experts on this in the State, and recommended passing this ordinance on first
reading and waiting 30 days to bring it back for second reading, which would allow time for
review and agreement on the numbers, then if necessary other delays could be considered.
Vice Mayor Russo favored phasing. City Manager Ferris dvised it was the responsibility of
the Council to assure costs of providing services were paid by those who impacted those
costs, and suggested second reading on September 21 to allow time to work out issues. Mr.
Worley answered questions regarding when impact fees were paid. Vice Mayor Russo
suggested Mr. Worley advise the people in his association to begin adding a provision in
their contracts that if there was an increase in impact fees that the buyer was responsible for
it, because he did not want a long phasing -in period. Mayor Jablin encouraged Mr. Worley to
work with staff to work out any differences by September 21. Vice Mayor Russo made a
motion to place Ordinance 38, 2004 on first reading by ti Lle only. Councilmember Delgado
seconded the motion. The City Clerk read Ordinance 38, 2004 on first reading by title only.
Motion carried by unanimous 3 -0 vote.
PUBLIC HEARINGS:
Part I — Quasi — Judicial
The City Clerk swore in all those intending to testify in ny of the quasi-judicial cases on
tonight's agenda.
CITY OF PALM BEACH GARDENS REGULAR METING, 8/19/04 4
Resolution 153 2004 — Conditional use approval — Seaco st Utilijy Authorily PGA WWTP.
A Resolution of the City Council of the City of Palm Be ch Gardens, Florida approving an
expansion to an existing conditional use to allow the a isting Seacoast Utility Authority
Waste Water Treatment Plant facility, located at the int rsection of Nursery Lane and Jog
Road, as more particularly described herein, to upgrade nd expand its current operations;
and providing an effective date. The City Clerk read Res lution 153, 2004 by title. Planner
Autumn Sorrow presented the staff report. Anne Booth, Urban Design Studio, provided a
presentation on behalf of the applicant. Rim Bishop, Exe utive Director of Seacoast Utility,
answered questions from the City Council. Mayor Jabli declared the public hearing open
and called for any ex -parte communications. Councilme ber Delgado reported talking with
staff; Councilmember Levy reported speaking with Ri Bishop before he was on the City
Council; Mayor Jablin and Vice Mayor Russo reported n ne. Hearing no comments from the
public, Mayor Jablin declared the public hearing clos d. Councilmember Levy made a
motion to approve Resolution 153, 2004. Councilmem er Delgado seconded the motion,
which carried by unanimous 4 -0 vote.
Ordinance 31 2004 — Batt Private School — Is` readin reconfigure entrance drive and
retention pond. An Ordinance of the City Council of he City of Palm Beach Gardens,
Florida amending Ordinance 16, 2002 relating to the re oning for the Batt School Planned
Unit Development (PUD) to transfer and amend the c nditional use approval, site plan
approval, and related conditions through a separate res lution; and providing an effective
date. The City Clerk read Ordinance 31, 2004 on first r ading. Senior Planner Kara Irwin
presented the project. Ms. Irwin explained that Resoluti n 145, 2004 was a companion item
to Ordinance 31, 2004, and would be considered for pproval on second reading of the
ordinance. Resolution 145, 2004: Batt Private School ransfer approval of the site plan,
waivers, and documents with a minor amendment. A R solution of the City Council of the
City of Palm Beach Gardens, Florida approving an ame ment to the development plans for
the Batt School Planned Unit Development (PUD), gen rally located on the North side of
Hood road, West of the Interstate 95 overpass, and Ea t of the Ronald Reagan Turnpike
overpass, as more particularly described herein; pro, iding for waivers; providing for
conditions of approval; and providing an effective date Mayor Jablin declared the public
hearing open. Councilmember Delgado reported speaki g with staff; all other members of
the Council reported no ex -parte communication. Hea 'ng no comments from the public,
Mayor Jablin declared the public hearing closed. Coun ilmember Delgado moved to place
Ordinance 31, 2004 on first reading by title only. Counci ember Levy seconded the motion,
which carried by unanimous 4 -0 vote.
Resolution 159 2004 — Gardens Mall Remodel and Ex ansion. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida app ving a site plan amendment for the
Gardens Mall located within the Regional Center evelopment of Regional Impact
(DRI)/Planned Community Development (PCD) locat d on the Northeast corner of the
intersection of Alternate A 1 A and PGA Boulevard, as re particularly described herein, to
allow: (1) the construction of a 144,000 square -foot ordstrom department store in the
location of the existing Burdines building; (2) the expan ion of Macy's department store by
90,000 square feet; (3) the expansion of the Saks Fifth venue department store by 35,000
square feet; (4) the expansion of the Gardens Mall by 2,000 square feet of gross leasable
floor area; (5) a reduction in the parking ratio for the Gardens Mall site; and (6) minor
modifications to portions of the Gardens Mall parking 1 t; providing for waivers; providing
for conditions of approval; and providing an effective d te. The City Clerk read Resolution
CITY OF PALM BEACH GARDENS REGULAR
159, 2004 by title. Senior Planner Mike Sanchez pre
questions from the City Council. Sid Forbes spoke on bet
that by allowing Art in Public Places to be located insi
precedent for other projects to place art inside, since thi
inside was also public. Mayor Jablin declared the public 1
communication that he had had many conversations
Gardens Mall over the past six months; Vice Mayor
months ago regarding what they were planning to do; Co
had met with staff on this project. Councilmemt
communication. A member of the audience urged that 1
comment from the public, Mayor Jablin declared the pub
Levy made a motion to approve Resolution 159, 2004
motion, which carried by unanimous 4 -0 vote.
Part II — NON QUASI- JUDICIAL
\JIU111all" L.,, GVV -T - %-ICY y.,uV w Jc.V �iV11
of the City Council of the City of Palm Beach Gardei
amending Section 78 -186, Code of Ordinances, entitled
and providing an effective date. The City Clerk read 01
reading. Mayor Jablin declared the public hearing op
public, Mayor Jablin declared the public hearing close
motion to approve Ordinance 25, 2004 on second readin
seconded the motion, which carried by unanimous 4 -0
12PCnlntinn 1 AO 100A — Transmittal of an A manrlmant
58/19/04 5
ented the project, and answered
ilf of the applicant. It was clarified
le the mall that was not setting a
was a unique situation where the
-laring open, and declared ex -parte
,ith Mr. Forbes and others from
:usso reported conversations 3 -4
ncilmember Delgado reported she
,r Levy indicated no ex -parte
wilding begin. Hearing no further
is hearing closed. Councilmember
Vice Mayor Russo seconded the
-186. (2°° reading). An Ordinance
Florida relating to fence height;
'ards "; providing for codification;
nance 25, 2004 by title on second
, Hearing no comments from the
Councilmember Delgado made a
>y title only. Councilmember Levy
Remove of a Portion of Victoria Falls Blvd. from the Cit 's Conceptual Thoroughfare Plan.
Transmittal Hearing: A Resolution of the City Council of the City of Palm Beach Gardens,
Florida authorizing the transmittal of an amendment o Map `O' of the transportation
element of the Comprehensive Plan of the City of Palm each Gardens to delete the portion
of Victoria Falls Boulevard extending from Military Tra 1 to Alternate A 1 A from the City's
Conceptual Thoroughfare Plan; and providing an effe tive date. Senior Planner Michael
Sanchez presented the staff report. Mayor Jablin declar the public hearing open. Carolyn
Chaplik indicated the Board of The Isles was in favor of r moving this from the thoroughfare
plan. Councilmember Levy indicated the only reason h would vote for this was it would
impact the quality of life for residents of The Isles. May r Jablin closed the public hearing.
The City Clerk read Resolution 160, 2004 by title. Vi e Mayor Russo made a motion to
approve Resolution 160, 2004. Councilmember Delgado seconded the motion, which carried
by unanimous 4 -0 vote.
Ordinance 28 2004 — Satellite Universities in the Prof ssional Office zoning district 2 °d
reading). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
relating to Satellite Colleges or Universities; amending ection 78 -751, Code of Ordinances
entitled "Definitions" to include Satellite College or Un versity; amending Section 78 -159,
Code of Ordinances entitled "Permitted Uses, Conditi al, and Prohibited Uses" to allow
Satellite Colleges or Universities to be located within th Professional Office (PO), General
Commercial 1 (CG 1), General Commercial 2 (CG2), esearch and Light Industrial (MI),
Light Industrial(M 1 A), and Public or Institutional (P /I) oning Districts as a conditional use;
and providing for codification; and providing an of ective date. The City Clerk read
Ordinance 28, 2004 by title only on second reading. Mayor Jablin declared the public
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8 /ig /04 6
hearing open. Hearing no comments from the public, ayor Jablin declared the public
hearing closed. Councilmember Delgado made a motion to approve Ordinance 28, 2004 on
second reading by title only. Councilmember Levy seco ded the motion, which carried by
unanimous 4 -0 vote.
Ordinance 29 2004 — Revise Development Approval Pr cess. 2nd reading). An Ordinance
of the City Council of the City of Palm Beach Gard ns, Florida relating to review of
applications for Development Order Approval; am en Section 78 -42, Code of
Ordinances, entitled " Concurrency Required" relating to evelopments of Regional Impact;
amending Section 78 -43, Code of Ordinances, entit d "Review of Applications for
Development Approval" relating to mandatory Plan ing, Zoning and Appeals Board
Workshops and certain mandatory waiting periods fo public hearings and workshops;
amending Section 78 -44, Code of Ordinances, entitled " oncurrent Processing" to provide
greater discretion to the City Council to allow conc rrent processing of development
approvals; amending Section 78 -46, Code of Ordinances entitled "Application Procedures"
relating to Concurrency and Developments of Regional mpact; providing for codification;
and providing an effective date. The City Clerk read O dinance 28, 2004 by title only on
second reading. Mayor Jablin declared the public hearin open. Hearing no comments from
the public, Mayor Jablin declared the public hearing cl sed. Councilmember Levy made a
motion to approve Ordinance 29, 2004 on second rea ing by title only. Councilmember
Delgado seconded the motion, which carried by unani ous 4 -0 vote.
Ordinance 36 2004 — Proposed Annexation for a 6 .9 Acre Parcel off of Northlake
Boulevard (1St reading) An Ordinance of the City C uncil of the City of Palm Beach
Gardens, Florida annexing, pursuant to a petition for vo untary annexation, a parcel of real
property comprising of total of 61.9 acres, more or 1 ss, located on the North side of
Northlake Boulevard approximately one and on -half (1. ) miles West of the intersection of
Northlake Boulevard and Coconut Boulevard, in Palm B ach County, Florida, which is more
particularly described herein; declaring that the volun ary annexation petition bears the
signature of the owner of the real property annexed her y; amending Article II of the City
Charter by redefining the corporate limits; and providi an effective date. The City Clerk
read Ordinance 36, 2004 on first reading by title onl . The City Clerk announced that
Resolution 157, 2004 and Resolution 158, 2004 are com anion items to Ordinance 36, 2004
and will require Council action on first reading. The Ci y Clerk read Resolution 157, 2004
and Resolution 158, 2004: Resolution 157 2004 — Larg Scale Land -Use Amendment for a
61.9 Acre Parcel off of Northlake Boulevard. A Resoluti n of the City Council of the City of
Palm Beach Gardens, Florida authorizing the trainsmitta of an amendment to the future land
use map of the Comprehensive Plan of the City of Pal Beach Gardens relating to certain
property consisting of approximately 61.9 acres, gen rally located on the North side of
Northlake Boulevard approximately one and one -half (1.5) miles West of the intersection of
Northlake Boulevard and Coconut Boulevard, to chang the land use designation from Palm
Beach County rural residential 20 (RR20) to City of P lm Beach Gardens residential very
low (RVL); and providing an effective date. Resol tion 158 2004 — Transmittal of
Comprehensive Plan Text Amendment. A Resolution of he City Council of the City of Palm
Beach Gardens, Florida authorizing the transmittal of text amendment to the future land
use element of the Comprehensive Plan of the City f Palm Beach Gardens to permit
residential very low (RVL) land uses West of the Ci 's urban growth boundary within
newly annexed areas fronting along Northlake Boulev d; and providing an effective date.
Planner Autumn Sorrow presented the combined st f report for Ordinance 36, 2004,
CITY OF PALM BEACH GARDENS REGULAR MELTING, 8/19/04 7
Resolution 157, 2004, and Resolution 158, 2004. Ms. So ow advised that earlier this week,
the County Commission had voted to place a resoluti on the ballot in November that
would require a super majority vote of the County Comm ssion before an annexation request
could be heard before a municipality, but if passed, this nnexation would not be affected.
Servicing the area and the land use designation were disc ssed. Marty Minor, Urban Design
Studio, spoke on behalf of the applicant. Mayor Jablin de lared the public hearing open, held
on the intent of Ordinance 36, 2004. Hearing no comm nts from the public, Mayor Jablin
declared the public hearing closed. Staff advised that C rlton Oaks and Osprey Isles were
considering annexing into the City. Vice Mayor Russo a pressed concern this would begin
urban sprawl if Scripps did not locate on the Mecca site so he would not vote for it.
Councilmember Levy also expressed concern. Council ember Delgado made a motion to
place Ordinance 36, 2004 on first reading by title only. Jeff Spear spoke on behalf of the
applicant. Because there was no second to the motion, a substitute motion was made by
Councilmember Delgado to postpone first reading of Or finance 36, 2004 to a date certain of
September 21, 2004. Councilmember Levy seconde the motion, which carried by
unanimous 4 -0 vote. Mayor Jablin declared the public earing open, held on the intent of
Resolution 157, 2004. There were no comments from the public. Councilmember Delgado
made a motion to continue the public hearing for Resolution 157, 2004 to a date certain of
September 21, 2004. Councilmember Levy seconded the motion, which carried by
unanimous 4 -0 vote. Mayor Jablin declared the public earing open, held on the intent of
Resolution 158, 2004. There were no comments from t public. Councilmember Delgado
made a motion to continue the public hearing for Resol tion 158, 2004 to a date certain of
September 21, 2004. Councilmember Levy seconde the motion, which carried by
unanimous 4 -0 vote.
RESOLUTIONS:
improvements. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
considering approval of a proposal for pavement res rfacing services in the amount of
$380,000 to Ranger Construction Industries, Inc. via a piggyback of Palm Beach County
contract 2004051; authorizing the Mayor and City CI rk to execute said agreement; and
providing an effective date. Councilmember Levy made motion to approve Resolution 148,
2004. Vice Mayor Russo seconded the motion, which arried by unanimous 3 -0 vote.
Resolution 150 2004 — Fiscal Year 2004/2005 Master ee Schedule. A Resolution of the
City Council of the City of Palm Beach Gardens, Flori updating the schedule of fees and
charges for various services rendered by the City of Pal Beach Gardens for its citizens and
other members of the public for fiscal year 2004/2005;
a d providing an effective date. Vice
Mayor Russo made a motion to approve Resolution 150, 2004. Councilmember Levy
seconded the motion, which carried by unanimous 3 -0 ote.
Resolution 163 2004 — Authorizing the issuance of th Public Safety Equipment Note. A
Resolution of the City Council of the City of Palm Bea h Gardens, Florida authorizing the
issuance of a not -to- exceed $500,000 City of Palm Be ch Gardens, Florida Public Safety
Equipment Acquisition Note, Series 2004, to finan e the acquisition of fire- fighting
apparatus; awarding such note to RBC Centura Ba k by negotiated sale; fixing the
denomination, maturity, interest rate, redemption provis ons, and other details with respect to
such note; designating the City as the paying agent and registrar for such notes; and
providing an effective date. Councilmember Levy mov d approval of Resolution 163, 2004.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/19/04 8
Vice Mayor Russo seconded the motion, which carried by unanimous 3 -0 vote.
Resolution 167, 2004 is a companion item to Resolution 163, 2004:
Resolution 167 2004 — Purchase of Self— contained breathing apparatus. A Resolution of
the City Council of the City of Palm Beach Gardens, Flo 'da approving the purchase of self -
contained breathing apparatus from Fisher Scientific C mpany, LLC via a piggyback of
Florida Department of Management Services' contract 4 0- 000 -03 -1; authorizing the Mayor
and City Clerk to execute said contract; and providing n effective date. Councilmember
Levy moved approval of Resolution 167, 2004. Vice ayor Russo seconded the motion,
which carried by unanimous 4 -0 vote.
Resolution 192, 2004 — Joint meeting with the County. Resolution of the City Council of
the City of Palm Beach Gardens, Florida urging the B and of County Commissioners of
Palm Beach County to schedule a joint meeting betw en the Board and the Council to
discuss cooperative joint planning efforts for the Mecca arms and Vavrus properties for the
Scripts Research Institute and related economic devel pment projects; and providing an
effective date. Councilmember Delgado moved appro al of Resolution 192, 2004. Vice
Mayor Russo seconded the motion, which carried by u animous 4 -0 vote.
ORDINANCES:
1J1u111aix" JJ GVV'T— ltni%, un1G11L LV L11G VUU GL LV1 I 10%,Ktl i L,ai U4 11111111 IJLiLVVId 1 GVV.J
to September 30, 2004. An Ordinance of the City C uncil of the City of Palm Beach
Gardens, Florida amending the City of Palm Beach rdens' budget for the fiscal year
beginning October 1, 2003, and ending September 30, 2004, inclusive; and providing an
effective date. The City Clerk read Ordinance 33, 2004 title only. Finance Director Allan
Owens presented the amendment and staff answe d questions from the Council.
Councilmember Delgado made a motion to place Ordinance 33, 2004 on first reading by title
only. Councilmember Levy seconded the motion, which carried by unanimous 4 -0 vote.
Ordinance 34 2004 — An Ordinance of the City Council f the Cily of Palm Beach Gardens
Florida relating to compensation of Council Members; creating a new Section 2 -36, Code of
Ordinances to be entitled "Compensation of Mayor and ouncil "; providing for codification;
and providing an effective date. The City Clerk read rdinance 34, 2004 by title only.
Resident Linda Hughey asked if insurance for the new Councilmember elected in August
would be included if a catastrophic illness occurred be f re the end of their term, which was
answered yes; if someone who resigned had not comple ed a term, no. It was clarified there
was no cost to the City. Vice Mayor Russo made a mot on to place Ordinance 34, 2004 on
first reading by title only. Councilmember Levy secon ed the motion. Vice Mayor Russo
commented he was not 100% comfortable with the nu er but did not want to vote against
it. The motion was withdrawn; the second was withdra n, in order for resident Tom Sousa,
to speak against the increase. Mr. Sousa presented alte atives to comparisons with other
municipalities and asked that Ordinance 34, 2004 be r ised to give each Councilmember
the same amount, that the amount of increase be determ' ed by referendum; the referendum
should present a choice of selecting either a $4,000 or $ 2,000 increase; and that subsequent
annual increases be indexed to the consumer rate of infla ion. Joan Elias, Diamondhead Way,
asked if there would be a public hearing on this, and indi ated she felt the Council should get
an increase. Vice Chair Russo moved Ordinance 34, 20 4 be placed on first reading by title
only. Councilmember Levy seconded the motion. ice Mayor Russo reported mixed
emotions and wanted the number to be 14, but he had s en what other cities were doing, so
was voting for it. Mayor Jablin recalled voting for an in rease 11 years ago and it more than
doubled the existing salary at that time, and he felt all eserved the proposed amount. The
CITY OF PALM BEACH GARDENS REGULAR MELTING, 8/19/04 9
vote on the motion carried 4 -0.
CITY ATTORNEY REPORT:
The City Attorney reported final judgment had been re eived in the Vavrus federal court
case and all counts were dismissed. Notice of appeal of the State court case had been
received.
ANNOUNCEMENT:
Volunteer and Advisory Board Recognition Dinner — to e held September 30, 2004 at 6:00
p.m. Details were being worked out. Councilmember Del ado commented all information on
the boards was on the website and an application could e downloaded.
ADJOURNMENT:
There being no further business toJisensr,* meeting was adjourned at 10:56 p.m.
APPROVAL:
COUNCILMEMBER
ATTEST:
PATRICIA SNIDER
CITY CLERK
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