HomeMy WebLinkAboutMinutes Council 022108I CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 February 21, 2008
6 The February 21, 2008 Regular Meeting of the City Council of the City of Palm Beach
7 Gardens, Florida, was called to order at 7 :00 p.m. in the Council Chambers of the
8 Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida,
9 by Mayor Joseph Russo.
10 I. PLEDGE OF ALLEGIANCE
11 H. ROLL CALL
12 The City Clerk called the roll and the following elected officials were found to be in
13 attendance: Mayor Joseph Russo, Vice Mayor David Levy, Council Member Jody
14 Barnett, and Council Member Hal Valeche. Council Member Eric Jablin was absent.
15 111 ADDITIONS, DELETIONS, MODIFICATIONS
16 Modifications: Resolution 12, 2008 — Amendment to the Approved DoubleTree Hotel
17 Planned Unit Development. The applicant requests that Condition 5 of Resolution 12,
18 2008 be modified to allow for the conversion of pedestrian crossing signals to occur prior
19 to the second Certificate of Occupancy for the DoubleTree North site.
20 MOTION
21 Motion made by Vice Mayor Levy, seconded by Council Member Barnett, to approve the
22 requested Additions, Deletions, and Modifications as noted, carried by unanimous vote,
23 4-0.
24 VI. ANNOUNCEMENTS AND PRESENTATIONS
25 Chief Stephen Stepp presented the Annual Police Department Crime Report.
26 V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE
27 REPORTS
28 Council Member Jody Barnett reported the past weekend was the opening ceremony for
29 softball, which was a wonderful family event.
30 Vice Mayor David Levy stated he did attend the softball season opening, but would be
31 unable to attend the baseball season opening this coming weekend because of a
32 commitment in Tampa.
33 Council Member Hal Valeche has been to several candidate forums. Unfortunately, they
34 are not well attended.
35 Mayor Joseph Russo thanked staff for their work on the Amanda Buckley Memorial
36 Field of Dreams dedication ceremony (February 9, 2008). Amanda is sorely missed, but
37 the field will go on and her life will be remembered. Mayor Russo reported attending the
38 Biotech Overlay meeting. The Max Planck Society has a science exhibit to send here to
39 display for six months. An appropriate venue is being sought. Dr. Lerner is coming in for
40 the April meeting. Mangonia Park has had its Comprehensive Plan approved. Riviera
41 Beach and Lake Park should have their Comprehensive Plans completed this summer.
42 With permission from Council earlier this year, Mayor Russo met with the PGA Resident
43 Corridor Coalition regarding the waiver process. The meetings went well and Mayor
44 Russo believes there is an agreement in principle. The suggested solution will be
45 presented to the new Council in March with adoption in April. The Honda Classic begins
46 next week.
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I VI. CITY MANAGER REPORT
2 None.
3 VII. COMMENTS FROM THE PUBLIC
4 Mayor Russo opened the floor to public comment.
5 Michael O'Rourke, 150 North Bridge Drive, stated he is trying to put together a traveling
6 basketball program that deals with students who attend Palm Beach Gardens High
7 School. He is having trouble finding a location to play. The Burns Road Recreation
8 Center's fees are too expensive. He requested Council assist him in finding a location.
9 Ron Ferris stated Mr. O'Rourke is not part of the recreation program and it is not a Palm
10 Beach Gardens High School - sponsored program. The players are not all residents. Palm
11 Beach Gardens does have a league and a season. We do not get involved in travel
12 leagues. We have a policy that addresses this situation. Charlotte Presensky can help with
13 scheduling outdoor courts, which are more readily available.
14 Lou Gaeta, 5220 Hood Road, Palm Beach Gardens, representing the PGA Corridor
15 Association, thanked Council and staff members that attended the Economic Forecast
16 breakfast. Dr. Fishkind has offered to do a smaller forum, perhaps 80 to 100 people.
17 Roger Blangy, 11658 Hemlock Street, (Garden Woods) Palm Beach Gardens, stated past
18 Mayor Eric Jablin signed a contract with the Florida East Coast (FEC) Railroad that
19 should not have been signed. Mr. Blangy stated Council Member Jablin should not run
20 for re- election and should resign from public office. Mr. Blangy stated the FEC Railroad
21 crossing at Kyoto Gardens Drive will be the most dangerous in Palm Beach Gardens. Mr.
22 Blangy requested a meeting with all parties involved, discuss the facts and come to a
23 solution.
24 Mayor Russo stated that at the time Mayor Jablin was directed by Council with a
25 unanimous vote to go forward. City Attorney Christine Tatum stated her concern since
26 this is the second meeting where this issue was presented. Christine Tatum explained
27 there was no secret deal, it was a settlement of litigation, conducted in the open, was on
28 the agenda and the entire Council was made aware of the details. The entire Council
29 voted on the matter. The money paid to the FEC Railroad is a license fee, which is
30 charged every time their right of way is crossed. Mayor Russo stated he felt singling out
31 Mayor Jablin was wrong because he only did what the Council directed him to do with
32 staff's approval. Mayor Russo noted Mr. Blangy's political statement against Council
33 Member Jablin was inappropriate.
34 With no additional comment cards, Council moved to the Consent Agenda.
35 VIII. CONSENT AGENDA
36 Mayor Russo stated he is a member of the Honda Classic Foundation Board of Directors.
37 Christine Tatum, City Attorney, confirmed Mayor Russo is able to participate in the vote
38 regarding the Honda Classic.
39 a. Resolution 17, 2008 — Appointing Dr. Arthur Anderson to the City of Palm Beach
40 Gardens Canvassing Board. A Resolution of the City Council of the City of Palm Beach
41 Gardens, Florida appointing the Supervisor of Elections to the City's canvassing board
42 and authorizing the Supervisor of Elections to act on the City's behalf, authorizing the
43 City Clerk to appoint Election Officials for the purpose of conducting the Municipal
44 Election; and providing an effective date.
45 b. Proclamation — Honda Classic Week.
46
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I MOTION
2 Motion made by Vice Mayor Levy to approve the Consent Agenda, seconded by Council
3 Member Barnett and carried by unanimous vote, 4 -0.
4 IX. PUBLIC HEARINGS
5 Part I — Quasi - judicial
6 Mayor Russo announced the procedures that would be followed in tonight's quasi-
7 judicial proceedings. The City Clerk swore in all those intending to offer testimony in
8 any of tonight's public hearings. Mayor Russo opened the public hearing.
9 a. Resolution 4 2008 — Amendment to the Signage Program for the Palm Beach
10 Gardens Medical Pavilion. A Resolution of the City Council of the City of Palm Beach
11 Gardens, Florida amending the signage program for the Palm Beach Gardens Medical
12 Pavilion located at the Northwest corner of PGA Boulevard and Fairchild Gardens
13 Avenue within the Regional Center Development of Regional Impact (DRI), as more
14 particularly described herein; providing conditions of approval; providing waivers; and
15 providing an effective date.
16 Mayor Russo requested ex parte communications, to which Council Members replied
17 none since the last meeting.
18 Brian Waxman, Applefield Waxman, stated his company owns the Palm Beach Gardens
19 Medical Pavilion. He explained the signage proposal for the building. Mr. Waxman
20 stated he met with Vice Mayor Levy to discuss the signage.
21 Mayor Russo interrupted Mr. Waxman and questioned his statement of meeting with
22 Vice Mayor Levy. It was determined the meeting took place on November 14, 2007,
23 which was before the last City Council meeting. At this time Vice Mayor Levy stated he
24 met with Donaldson Hearing and Peter Applefield and discussed the public benefit and
25 waivers. Brian Waxman continued his presentation.
26 Kara Irwin, Growth Management Administrator, explained there is no problem with the
27 approved signage, but the additional sign on the South elevation is not supported.
28 Mayor Russo opened the public hearing. With no one wishing to speak for or against,
29 Mayor Russo closed the public hearing.
30 Council Member Hal Valeche stated he believes the commercial interests should be
31 supported. He supports well done signage. Vice Mayor Levy stated he believes
32 identifying the building on both sides is a public benefit. The University of Miami is a
33 nonprofit large medical institution and Vice Mayor Levy is proud that Palm Beach
34 Gardens was chosen as its home. Vice Mayor Levy believes the criteria for granting a
35 waiver has been met and he does support this request. Vice Mayor Levy requested there
36 be a stipulation that if there is a change from the University of Miami the issue come
37 back before Council. Christine Tatum, City Attorney, stated the condition could not be
38 put into the Resolution. Once the waiver for the sign has been granted the content can not
39 be regulated. Vice Mayor Levy asked if Attorney Tatum was correct since a privilege
40 would be granted, not a right. Christine Tatum, City Attorney, stated the sign code does
41 not regulate on the basis of the content of what the sign said. If the applicant wanted to
42 accept the content as a voluntary condition we could possibly accept it. Attorney Tatum
43 does not recommend this type of condition. Vice Mayor Levy asked Brian Waxman if he
44 would agree to the condition, to which he replied he would. Christine Tatum, City
45 Attorney, stated the voluntary commitment to the condition can be added to the
46 Resolution. Vice Mayor Levy was satisfied. Mayor Russo stated his disagreement
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because a sign code is in place and other waivers have not been granted. Council Member
Barnett stated she believes the request is an enhancement for business and it is
aesthetically pleasing and better than some of what our code allows that might not be as
appealing. Council Member Barnett stated she is in favor of this waiver and she believes
each case should be considered individually. Ron Ferris, City Manager, expressed his
concern for staff and their ability to enforce a voluntary, not statutory, condition. Council
Member Valeche stated his support for the sign, but was unsure if the University of
Miami restriction in perpetuity was necessary. Vice Mayor Levy asked, if the condition is
approved would it not be enforceable just like any other condition? Christine Tatum, City
Attorney, stated that what is being approved is more akin to a private deed restriction.
Mayor Russo asked Attorney Tatum to meet with the applicants within the next week and
work out an agreement and bring it back at the next meeting under the Consent Agenda,
to which Attorney Tatum agreed. Mayor Russo asked if this was agreeable to the
applicant. Donaldson Hearing, Cotleur & Hearing, stated he would prefer to resolve the
issue tonight, but would come back if necessary. Attorney Tatum stated the present sign
code.
Council Member Barnett stated her support for the condition allowing the University of
Miami sign. Ron Ferris, City Manager, added the building is part of the Mall Property
Owners' Association (POA) and it objects to the additional sign. Mayor Russo asked
where the Council stands on the matter. Vice Mayor Levy stated the issue has waited a
long time and could wait the two extra weeks to ensure it is done right. Donaldson
Hearing deferred to Vice Mayor Levy's request. Mayor Russo stated Council does give
sign waivers, but there is usually justification. Council Member Barnett stated every new
project that has come before Council has had a sign waiver for its monument sign and she
does not see the distinction that a waiver can not be granted for this project. Mayor Russo
asked Kara Irwin, Growth Management Administrator, to meet with Council Member
Barnett and explain the waivers this project already has and the justification between now
and the next meeting. Council Member Barnett stated the Council can make policy
decisions and that is why she wishes to discuss the matter with Mayor Russo and not
Kara Irwin. Council Member Barnett does not understand the difference Mayor Russo
sees between this waiver and others. Mayor Russo stated the waiver process can be
reviewed at the next meeting. Council Member Valeche stated he believes there should
be a vote tonight.
MOTION
Motion made by Council Member Valeche approving Resolution 4, 2008, seconded by
Council Member Barnett. No vote was taken.
Discussion ensued about the motion with Council Member Levy stating he could not
approve it without the condition, which means it would fail. Council Member Barnett
stated she believed the language for the condition can be finalized at a later date.
Christine Tatum, City Attorney, stated there can be a vote to approve the Resolution and
make it contingent upon a separate agreement regarding the removal of the sign. It can
also be decided if the agreement should come back before Council or allow the
agreement to be signed at the staff level. Vice Mayor Levy said signing at the staff level
was acceptable to him.
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MOTION
Council Member Valeche moved to withdraw the first motion and Council Member
Barnett withdrew the second of the first motion.
MOTION
Motion made by Council Member Valeche to adopt Resolution 4, 2008 subject to an
agreement being codified between the applicant and staff regarding the content, wording
and removal of the sign, seconded by Council Member Barnett, approved by a 3 -1 vote
with Mayor Russo dissenting.
b. Resolution 5 2008 — Amendment to the Signage Program for the PGA Financial
Center Building. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida amending the signage program for the PGA Financial Center building located at
the Northeast corner of PGA Boulevard and Fairchild Gardens Avenue within the
Regional Center Development of Regional Impact (DRI), as more particularly described
herein; providing waivers; providing conditions of approval; and providing an effective
date.
Mayor Russo opened the public hearing and requested any ex parte communication.
Council Member Barnett declared none. Vice Mayor Levy reported a phone call
yesterday (February 20, 2008) but the signs were not discussed. Council Member
Valeche declared receiving a phone call from the applicant yesterday. Mayor Russo
declared none.
Donaldson Hearing, Cotleur & Hearing, presented background and location of the PGA
Financial building. He also described the owner, the Lost Tree Village Corporation, and
other properties it owns. Donaldson Hearing then described the signage request and the
justification.
Kara Irwin, Growth Management Administrator, stated staff is recommending denial of
this application and explained the reasons. Mayor Russo asked Kara Irwin if she has been
consistent in her recommendations on sign waiver requests to which she replied that she
has. Council Member Barnett inquired about other building signage. Kara Irwin
explained the previous Growth Management Administrator did allow tenant signs on
office buildings, but code allows for tenant signs on commercial buildings. Council
Member Barnett concluded that Kara Irwin has been consistent in her recommendations,
but the City has not been consistent in its recommendations. Further discussion ensued.
Mayor Russo opened the public hearing. With no one wishing to speak for or against,
Mayor Russo closed the public hearing.
Mayor Russo stated he would recommend the sign code be reviewed. Council Member
Barnett stated her agreement on reviewing the sign code. Council Member Barnett
requested explanation of the sign locations, which Donaldson Hearing presented. Council
Member Valeche spoke in favor of reviewing the present sign Ordinances. Mayor Russo
explained the evolution of the present sign code. Vice Mayor Levy explained his opinion
about requested waivers. Council Member Barnett agreed with Council Member Valeche
and does recognize the need for the East sign. Donaldson Hearing stated the applicant
would be willing to accept the Chase sign on the East elevation only. Kara Irwin, Growth
Management Administrator, reminded Council this would be the third sign on the top
elevation of the building. Council Member Valeche stated the public benefit to the
additional signage is the prospect of not having vacant space on PGA Boulevard.
Donaldson Hearing stated the applicant is willing to compromise. He included the
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE S
02.21.08
I additional signs would be unlit. Christine Tatum inquired if Resolution 5, 2008 will be
2 changed to accommodate what Council will vote on. Kara Irwin stated if only the Chase
3 sign will be accepted Resolution 5, 2008 does need to be amended. Further discussion
4 ensued regarding the sign code. Christine Tatum, City Attorney, read the changes to be
5 made to Resolution 5, 2008: Section 2 — delete the phrase "two principal tenant signs on
6 the North elevation" so it will appear as only the one principal structure sign on the East;
7 Section 3, page 3 — delete No. 6; page 5 No. 10 would be photographic rendering two
8 sheets and delete the North building view elevation and just leave the East.
9 MOTION
10 Motion made by Vice Mayor Levy to approve Resolution 5, 2008 subject to the changes
11 made by the City Attorney, seconded by Council Member Valeche, approved by a 3 -1
12 vote with Mayor Russo dissenting.
13 c. Resolution 12, 2008 — Amendment to the approved Doubletree Hotel Planned Unit
14 Development. A Resolution of the City Council of the City of Palm Beach Gardens,
15 Florida amending the Doubletree Hotel Planned Unit Development (PUD), located on the
16 Northeast corner of PGA Boulevard and Military Trail, allowing the development of a
17 15,358 - square -foot executive meeting center, as more particularly described herein;
18 providing waivers; providing conditions of approval; and providing an effective date.
19 Mayor Russo opened the public hearing and requested any ex parte communication, with
20 none declared.
21 Marty Minor, Urban Design Studio, representing the proposed DoubleTree Hotel
22 executive meeting center presented the project. He described the location and gave a brief
23 history of the site. Silver Leaders in Energy and Environmental Design (LEED)
24 certification is being sought.
25 Vice Mayor Levy corrected the omission of his discussion with John Channing regarding
26 count down pedestrian lights at PGA Boulevard and Military Trail. He then thanked staff
27 for the excellent report.
28 Mayor Russo asked if there were further questions of staff or the petitioner.
29 Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, questioned the pink
30 Tabebuia trees because others in the City were blown down by the hurricanes.
31 Kara Irwin, Growth Management Administrator, stated Mark Hendrickson, City Forester,
32 does not have a problem with the use of Tabebuia trees.
33 John Channing, 5520 PGA Boulevard, developer of the DoubleTree North, is requesting
34 a change to the requirement his project pay for a count down pedestrian lights at PGA
35 Boulevard and Military Trail. He is paying 40 percent of the traffic light on Military Trail
36 and for the driveway improvements leading to the DoubleTree Hotel parking lot. Mr.
37 Channing is requesting the hotel pay for the count down pedestrian light mechanism
38 since their property is on PGA Boulevard and his property is not. The hotel guests will be
39 benefiting from the mechanism since they will be walking to the shops and restaurants
40 across the street.
41 Council Member Barnett asked Mr. Channing if he owns the DoubleTree Hotel. Mr.
42 Channing replied that he does not. Council Member Barnett asked if Mr. Channing was
43 asking for a condition for someone else's property. Mayor Russo requested clarification.
44 Kara Irwin, Growth Management Administrator, stated there is one large project with two
45 separate owners. The executive center, which is part of the DoubleTree Hotel is owned
46 by a separate entity that owns the hotel. The DoubleTree North project is owned by E &J
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE
02.21.08
I Channing Corporation. When the DoubleTree North was originally approved there was a
2 condition of approval that it pay for a 40 percent pro rata share for the traffic light at
3 Military Trail and Garden Lakes Boulevard. It addition, condition No. 5 requires that
4 prior to the first Certificate of Occupancy (CO) the DoubleTree North project would pay
5 for the installation of the count down signals at the PGA Boulevard and Military Trail
6 intersection. At this time Mr. Channing is requesting the burden of the count down
7 mechanism be transferred to the DoubleTree Hotel. Council Member Barnett reiterated
8 there are two separate projects and he is not the owner of the hotel. John Channing
9 explained his project came before the DoubleTree Hotel project and there were
10 conditions placed on his project that would have been shared had they come at the same
11 time. Mayor Russo asked Marty Minor if he is in favor of the request. Marty Minor
12 replied the hotel does not agree with this request. Mayor Russo stated he is not prepared
13 to vote on the issue tonight because he does not have full understanding of the situation
14 and asked if Resolution 12, 2008 could be postponed for two weeks.
15 Katrina Arion, representing Fair Lodging Group, explained she was unaware of the issue
16 and that time is of the essence for her project because they want to be finished before the
17 end of the year to be ready for next season.
18 Vice Mayor Levy explained he agrees with John Channing because the hotel guests will
19 be using the mechanism. Council Member Barnett stated there is an existing contract.
20 Vice Mayor Levy stated Council Member Barnett had interrupted him for the second
21 time this evening. Vice Mayor Levy went on to say John Channing is willing to take on
22 the cost of the traffic light ($200,000.00), which is shared by both projects and is
23 requesting the hotel take on the cost of the count down signal ($3,000.00). Vice Mayor
24 Levy stated he believed the hotel would agree to the request to get their approval tonight.
25 Mayor Russo stated he does not like to deal in that tone. Council Member Barnett stated
26 there is an existing contract in place and Katrina Arion has no knowledge of a contract
27 entered into by someone else. The previous contract is intact. To hold up an applicant for
28 this reason is incredible. Council Member Valeche believes it is inappropriate for Council
29 to impose itself in this issue because it is between the two parties of the PUD to apportion
30 the costs. Kara Irwin, Growth Management Administrator, stated the cost was assigned in
31 the original 2003 Development Order to the DoubleTree North site. It was carried over
32 into their order for the storage facility and the CVS pharmacy. John Charming addressed
33 Council stating he did not mean to make such a stir of the matter and withdrew his
34 request. Although under no obligation to do so, Mayor Russo suggested the hotel meet
35 with Mr. Channing and do what is fair.
36 Mayor Russo closed the public hearing.
37 MOTION
38 Motion made by Vice Mayor Levy to approve Resolution 12, 2008, seconded by Council
39 Member Barnett, approved by unanimous vote, 4 -0.
40 d. Resolution 13. 2008 — Gardens Commerce Center Plat. A Resolution of the City
41 Council of the City of Palm Beach Gardens, Florida approving the Gardens Commerce
42 Center Plat; and providing an effective date.
43 Mayor Russo opened the public hearing and requested any ex parte communication, with
44 none declared.
45 Mayor Russo requested public comment. With no one wishing to speak for or against,
46 Mayor Russo closed the public hearing.
47
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MOTION
Motion made by Vice Mayor Levy to approve Resolution 13, 2008, seconded by Council
Member Barnett, approved by unanimous vote, 4 -0.
e. Resolution 14, 2008 - Gander Mountain Plat. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving the Gander Mountain at Sandtree Plat;
and providing an effective date.
Mayor Russo opened the public hearing and requested any ex parte communication, with
none declared.
Mayor Russo requested public comment. With no one wishing to speak for or against,
Mayor Russo closed the public hearing.
MOTION
Motion made by Vice Mayor Levy to approve Resolution 14, 2008, seconded by Council
Member Barnett, approved by unanimous vote, 4 -0.
Part H — Non- Quasi - judicial
a. Resolution 18 2008 — Contract Renewal with Advanced Data Processing Inc. (ADP
regarding EMS Billing, A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving the renewal of the Agreement with Advanced Data
Processing, Inc_ for Emergency Transport Third -Party Billing Services and additional
services for Medical Report Writing Software and Hardware; authorizing the Mayor and
the City Clerk to execute the Agreement; and providing an effective date.
MOTION
Motion made by Vice Mayor Levy to approve Resolution 18, 2008, seconded by Council
Member Barnett, approved by unanimous vote, 4 -0.
XI. ORDINANCES (For Consideration on First Reading)
None.
XH. ITEMS FOR COUNCIL ACTION/DISCUSSION
None.
XIII. CITY ATTORNEY REPORT
None.
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XIV. ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned
at 8:49 p.m.
APPROVED:
Attest:
Patricia Snider, CMC
City Clerk
David Levy, Vice Mayo;
1
Jody Barnett,
Robert G. Premuroso, Council Member
Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim
transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk.
All referenced attachments on file in the City Clerk's office.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
02.21.08
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