HomeMy WebLinkAboutMinutes Council 0307241 CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 March 7, 2024
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6 The regular meeting was called to order at 6 :00 p.rn. by Mayor Reed.
7 I. PLEDGE OF ALLEGIANCE
8 II. ROLL CALL
9 PRESENT: Mayor Reed , Councilmember Tinsley , Councilmember Premuroso , Councilmember
10 Middleton .
11 ABSENT: Vice Mayor Woods.
12 III. ADDITIONS, DELETIONS, MODIFICATIONS
13 None.
14 IV.ANNOUNCEMENTS AND PRESENTATIONS
15 a . SPECIAL PRESENTATION -CHIEF OF POLICE , CLINTON SHANNON.
16 Mayor Reed on behalf of Counci l, staff, and the community praised Chief of Police, Clinton
17 Shannon for his devotion to duty , leadership , and extraordinary service. His career includes a
18 total of 45 years in law enforcement. He has been with the City of Palm Beach Gardens for 13
19 years and has served as Chief of Police for the last six years. Councilmembers wished him well
20 on his retirement and presented him with a personalized crystal shield shaped plaque.
21 Councilmembers Tinsley, Premuroso , and Middleton conveyed their high regard for Chief
22 of Police, Clinton Shannon and referenced his many accomplishments.
23 City Manager, Ron Ferris also expressed his admiration and wished him a fulfilling
24 retirement. Along with Deputy City Manager, Stephen Stepp, he presented to Chief of
25 Police , Clinton Shannon his gold Chief of Police Badge and Stars embedded in a 3D acrylic
26 case , thanking him for all he has done for the community.
27 Chief of Police, Clinton Shannon appreciated all the kind words and congratulated Assistant
28 Chief of Police, Dominick Pape on his new ro le as incoming Chief of Police and wished him
29 a happy birthday as well. Discussion ensued.
30 Public Comment: Mark Marciano , 10 Sheldrake Lane , Palm Beach Gardens, Florida 33418;
31 Maria Marino , 3 Carrick Road , Palm Beach Gardens , Florida 33418.
32 City Clerk, Patricia Snider offered words of appreciation and wished him well.
33 b. COUNTY ENGINEER DAVID RICKS , P.E. -PRESENTING SMART TRAFFIC SIGNAL
34 SYSTEM .
35 County Engineer, David Ricks, P.E. provided a presentation on the smart traffic signal system
36 pilot project coming to Hood Road in Palm Beach Gardens.
37 Mayor Reed brought the item back for discussion. Discussion ensued.
38 Public Comment: Jane Feinstein , 3666 Tou louse Dri ve, Palm Beach Gardens , Florida 33410 ;
39 Ramona Bean , 5439 Cicada Way , Palm Beach Gardens , Florida 33418 ; Bertha Matics , 910
40 Magdalena Road , Palm Beach Gardens , Florida 33410 ; James Owen s, 12298 Hillman Drive ,
41 Palm Beach Gardens , Florida 33410.
42 V. COMMENTS FROM THE PUBLIC
43 None .
44 VI. CITY MANAGER REPORT
45 City Manager, Ron Ferris reported the Purchasing and Contracts Management Department
46 has achieved the 2024 Ex cellence in Achievement A ward and the Sterling Agency A ward from
47 the Universal Public Procurement Certification Council (UPPCC). In addition , there is a
48 Proclamation on the Consent Agenda for National Procurement Month . Purchasing and
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
03 -07-24
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1 Contract s Director, Km! Ra was congratulated on his ac hi evements. He introduced Deputy
2 Community Se rvice s Admini strator, Ang ela Brow n , who presented the proj ect update for
3 the modernizat ion of Burns Road Community Center. The main poo l rep lacement and site work
4 was managed by City Engin ee r, Todd E ngl e, and the competition poo l resurfacing proj ect was
5 headed by Director of Public Servic es , Cory Wild er. Disc u ssion ens ued.
6 The Fire Station 6 and Econom ic Deve lopment Parce l update was presented by City Engin eer,
7 Todd Engle , who descri bed the co n struct ion progress . He introd uced Ass istant F ire Chief
8 Op eration s, Cory Besse tt e along with Medical Director Dr. K enneth Scheppke, who detai led
9 the Cardi ac Arrest Reg istry to Enhance Surv ival (CARES) Report for the City.
10 City Manag er, Ron Ferri s mentioned the Miracle League Spring Season Opening Day event
11 wi ll take place at 5:45 p .m . on Apri l 4, 2024 . As a resu lt , Councilm emb ers agreed to move the
12 start t ime for the April 4 , 2024 , City Counci l meeting to 7:00 p.m.
13 Mayor R ee d congratul ated Ass istant Director of Planning and Zoning, Joann Sk aria for
14 bei ng nominated for the Compl ete Streets Champ ion Award at the Safe Streets Summit.
15 VII. CONSE NT AGEND A
16 Mayor Re ed pull ed item 1. Proclamation -Let's Move Palm Beach County Mo nth from the
1 7 Consent Agenda.
18 a . APPROVE MINUTES FROM THE FEBRUARY 1, 2024 , CITY COUNCIL MEETING .
19 b. RESOLUTION 1, 2024 -AMENDMENT NO . 2 TO GARDENS NORTH COUNTY
20 DISTRICT PARK LEASE AGREEMENT. A RESOLUTION OF THE CITY COUNCIL OF
21 THE CITY OF PALM BEACH GARDENS , FLORIDA , APPROVING THE GARDENS
22 NORTH COUNTY DISTRICT PARK LAND SWAP BETWEEN PALM BEACH COUNTY
23 AND THE FLORIDA DEPARTMENT OF TRANSPORTATION ; AUTHORIZING THE
24 MAYOR TO EXECUTE AMENDMENT NO . 2 TO THE LEASE AGREEMENT BETWEEN
25 PALM BEACH COUNTY AND THE CITY OF PALM BEACH GARDENS AS WELL AS THE
26 AMENDMENT AND PARTIAL RELEASE OF CONSERVATION EASEMENT; PROVIDING
27 AN EFFECTIVE DATE ; AND FOR OTHER PURPOSES .
28 c . RESOLUTION 14 , 2024 -PLAT FOR FPL SQUARELAKE SUBSTATION . A
29 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS ,
30 FLORIDA , APPROVING THE PLAT FOR FLORIDA POWER AND LIGHT COMPANY
3 1 SQUARELAKE SUBSTATION ; PROVIDING AN EFFECTIVE DATE ; AND FOR OTHER
32 PURPOSES .
33 d . RESOLUTION 20 , 2024 -APPOINTING AN AUDIT COMMITTEE PURSUANT TO
34 SECTION 218 .391 , FLORIDA STATUTES. A RESOLUTION OF THE CITY COUNCIL OF
35 THE CITY OF PALM BEACH GARDENS , FLORIDA, APPOINTING AN AUDIT
36 COMMITTEE PURSUANT TO SECTION 218 .391 , FLORIDA STATUTES ; PROVIDING
37 AN EFFECTIVE DATE ; AND FOR OTHER PURPOSES .
38 e . RESOLUTION 25 , 2024 -PUBLIC IMPROVEMENT BONDS -SERIES 2023 . A
39 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS ,
40 FLORIDA , AMENDING THE POLICY AND PLAN FOR THE EXPENDITURE OF THE
41 PROCEEDS FROM THE PUBLIC IMPROVEMENT BONDS-SERIES 2023 ; PROVIDING
42 AN EFFECTIVE DATE ; AND FOR OTHER PURPOSES .
43 f . PROCLAMATION-DAWN MILLER DAY .
44 g . PROCLAMATION -ETHICS AWARENESS MONTH .
45 h. PROCLAMATION -FLORIDA BICYCLE MONTH.
46 i. PROCLAMATION-IN HONOR OF FORMER MAYOR MICHAEL EVERETT JACKSON .
47 j. PROCLAMATION -IRISH AMERICAN HERITAGE MONTH .
48 k. PROCLAMATION - L. RON HUBBARD DAY .
49 m. PROCLAMATION -NATIONAL PROCUREMENT MONTH .
50 n. PROCLAMATION -PROBLEM GAMBLING AWARENESS MONTH .
51 o. PROCLAMATION-VIETNAM VETERANS DAY .
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1 p. PROCLAMATION -WORLD DOWN SYNDROME DAY .
2 Councilmember Premuroso made a motion to approve the Consent Agenda without item 1.
3 Councilmember Tinsley seconded.
4 Motion passed 4-0.
5 I. PROCLAMATION -LET'S MOVE PALM BEACH COUNTY MONTH .
6 Mayor Reed recognized Let's Move Palm Beach County Month and thanked representative
7 Wil Romelus.
8 Councilmember Premuroso made a motion to approve item 1. Proclamation -Let's Move
9 Palm Beach County Month .
10 Councilmember Middleton seconded .
11 Motion passed 4-0.
12 VIII. PUBLIC HEARINGS: (*Designates Qua si-Judicial Hearing)
13 Those preparing to give testimony were sworn in.
14 The City Clerk read Ordinance 16 , 2023 by title.
15 a . ORDINANCE 16 , 2023 -(2N° READING AND ADOPTION) CITY-INITIATED
16 EVALUATION AND APPRAISAL REVIEW COMPREHENSIVE PLAN AMENDMENTS. AN
17 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS ,
18 FLORIDA , AMENDING ITS COMPREHENSIVE PLAN TO ADOPT EVALUATION AND
19 APPRAISAL REVIEW (EAR)-BASED AMENDMENTS PURSUANT TO SECTION
20 163.3191 , FLORIDA STATUTES, WHICH PROVIDES FOR A COMPREHENSIVE
21 UPDATE TO ALL ELEMENTS ; AFFECTING THE PAGINATION IN EACH AMENDED
22 ELEMENT; PROVIDING THAT THE TEXT, AS AMENDED OR REVISED , SHALL
23 SUBSTITUTE FOR AND REPLACE IN FULL THE EXISTING TEXT IN ALL AMENDED
24 ELEMENTS ; PROVIDING FOR AN UPDATE TO ALL MAPS IN THE COMPREHENSIVE
25 PLAN MAP SERIES ; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
26 PLANNING AGENCY ; PROVIDING A CONFLICTS CLAUSE , A SEVERABILITY CLAUSE ,
27 AND AUTHORITY TO CODIFY ; PROVIDING AN EFFECTIVE DATE ; AND FOR OTHER
28 PURPOSES .
29 Mayor Reed opened the Public Hearing for Ordinance 16 , 2023.
30 Petitioner presentation: None .
31 Staff presentation: None. Planning Manager, Martin Fitts stated changes were made to the
32 transportation and infrastructure elements and one change to a map.
33 Staff recommended approval of Ordinance 16 , 2023 on second reading and adoption.
34 Public Comment: None.
35 Mayor Reed closed the Public Hearing.
36 Councilmember Middleton made a motion to appro ve Ordinance 16 , 2023 on second reading
3 7 and adoption.
38 Councilmember Tinsley seconded.
39 Mayor Reed brought the item back for discussion . No discussion .
40 Motion passed 4-0.
41 Mayor Reed stated that Ordinance 1, 2024 , Re so lution 2, 2024, and Resolution 3, 2024 will be
42 a combined presentation. The City Clerk will read the titles separately and the Ordinance and
43 each Resolution will be voted on separately. Since both companion Resolutions are quasi-
44 judicial, ex-parte will be given after the public hearing is opened for Ordinance 1, 2024.
45 The City Clerk read Ordinance 1, 2024 by title.
46 b. ORDINANCE 1, 2024 -(2N° READING AND ADOPTION) TEXT AMENDMENT TO THE
47 FUTURE LAND USE ELEMENT OF THE TRANSIT-ORIENTED DEVELOPMENT (TOD)
48 DISTRICT. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
49 GARDENS , FLORIDA , APPROVING A TEXT AMENDMENT TO THE FUTURE LAND
50 USE ELEMENT OF THE CITY 'S COMPREHENSIVE LAND USE PLAN TO MODIFY
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1 POLICY 1.3.9.3. OF THE TRANSIT-ORIENTED DEVELOPMENT (TOD) DISTRICT TO
2 INCLUDE THE MIRA FLORES PROJECT IN THE TOD DISTRICT LIST OF PROJECTS ;
3 PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC
4 OPPORTUNITY (DEO) AND OTHER REVIEWING AGENCIES ; PROVIDING A
5 CONFLICTS CLAUSE , A SEVERABILITY CLAUSE , AND AUTHORITY TO CODIFY ;
6 PROVIDING AN EFFECTIVE DATE ; AND FOR OTHER PURPOSES.
7 Mayor Reed opened the Public Hearing for Ordinance 1, 2024.
8 Mayor Reed asked for ex parte communication for the combined presentation.
9 No ex parte communication declared.
10 Petitioner presentation: None.
11 Staff presentation: None. No changes since first reading .
12 Staff recommended approval of Ordinance 1, 2024 on second reading and adoption.
13 Public comment: Matt Bieber, 2395 Snug Harbor Drive, Palm Beach Gardens , Florida 33410.
14 Mayor Reed closed the Public Hearing.
15 Councilmember Middleton made a motion to approve Ordinance 1, 2024 on second reading
16 and adoption.
17 Councilmember Premuroso seconded.
18 Mayor Reed brought the item back for discussion. No discussion.
19 Motion passed 4-0.
20 RESOLUTION 2, 2024 AND RESOLUTION 3, 2024 ARE COMPANION ITEMS TO
21 ORDINANCE 1, 2024 AND WILL REQUIRE COUNCIL ACTION.
22 The City Clerk read Resolution 2, 2024 by title.
23 *RESOLUTION 2, 2024 -AMEND THE REGIONAL CENTER PLANNED COMMUNITY
24 DEVELOPMENT (PCD) MASTER PLAN. A RESOLUTION OF THE CITY COUNCIL OF THE
25 CITY OF PALM BEACH GARDENS, FLORIDA , AMENDING THE REGIONAL CENTER
26 PLANNED COMMUNITY DEVELOPMENT (PCD) MASTER PLAN TO ADD 330 MUL Tl-
27 FAMILY DWELLING UNITS , AS MORE PARTICULARLY DESCRIBED HEREIN ; PROVIDING
28 AN EFFECTIVE DATE ; AND FOR OTHER PURPOSES.
29 Mayor Reed opened the Public Hearing for Resolution 2, 2024.
30 Petitioner presentation: None.
31 Staff presentation: None.
32 Staff recommended approval of Resolution 2, 2024.
33 Public comment: None.
34 Mayor Reed closed the Public Hearing.
35 Councilmember Middleton made a motion to approve Resolution 2, 2024 .
36 Councilmember Premuroso seconded .
37 Mayor Reed brought the item back for discussion. No discussion.
38 Motion passed 4-0.
39 The City Clerk read Resolution 3, 2024 by title .
40 *RESOLUTION 3, 2024 -AMEND THE SITE PLAN FOR MIRA FLORES. A RESOLUTION
41 OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA, AMENDING
42 THE SITE PLAN FOR MIRA FLORES WITHIN THE REGIONAL CENTER PLANNED
43 COMMUNITY DEVELOPMENT (PCD) TO DEMOLISH 32 EXISTING MUL Tl-FAMILY UNITS
44 AND CONSTRUCT A MUL Tl-FAMILY RESIDENTIAL BUILDING CONSISTING OF 362
45 DWELLING UNITS , INCLUDING 36 WORKFORCE HOUSING UNITS , ON 3.39 ACRES
46 WITHIN THE 27.4-ACRE MIRA FLORES SITE PLAN , LOCATED AT THE NORTHEAST
47 CORNER OF GARDENS PARKWAY AND VALENCIA GARDENS AVENUE ; PROVIDING
48 FOR WAIVERS ; PROVIDING CONDITIONS OF APPROVAL ; PROVIDING AN EFFECTIVE
49 DATE ; AND FOR OTHER PURPOSES .
50 Mayor Reed opened the Public Hearing for Resolution 3, 2024 .
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1 Petit ioner pre sentation: None.
2 Staff presentation: None .
3 Staff recommended appro val of Resolution 3, 20 24 .
4 Pub lic comm ent: None .
5 Mayor Re ed clo sed the Pu bli c Hear ing.
6 C ouncilm emb er M iddl eton made a motion to approve Reso lution 3, 2024 .
7 Councilm ember Premuro so seconde d .
8 Mayor Re ed brought th e item back fo r discu ss ion. No discus sion.
9 Motion passed 4-0.
10 The City Clerk read Ordinance 2, 2024 by title.
11 c . ORDINANCE 2 , 2024 -(2 N° READING AND ADOPTION) BUDGET AMENDMENT. AN
12 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS ,
13 FLORIDA , AMENDING THE CITY OF PALM BEACH GARDENS ' BUDGET FOR THE
14 FISCAL YEAR BEGINNING OCTOBER 1, 2023, AND ENDING SEPTEMBER 30 , 2024 ,
15 INCLUSIVE ; PROVIDING A CONFLICTS CLAUSE , A SEVERABILITY CLAUSE , AND
16 AUTHORITY TO CODIFY ; PROVIDING AN EFFECTIVE DATE ; AND FOR OTHER
17 PURPOSES .
18 M ayor Re ed opened the Pu bli c Hearing for Ord inance 2, 2024.
19 Petitioner pres entation: None .
20 Staff presentation : None.
2 1 F inanc e A dmini strator, A ri enne Panczak stated no changes sinc e first reading.
22 Staff recommended appro val of Ord inanc e 2, 2024 on second reading and adoption .
23 Publi c comment: No ne.
24 Mayor R eed clo sed th e Public Hearing.
25 Councilmember Tin sley made a motion to approve Or dinance 2, 2024 on second reading an d
26 adoption .
27 Councilmember M iddl eton seco nd ed.
28 M ayor R eed brought the item back for discu ssion. No discu ssion .
29 Motion p ass ed 4-0.
30 The City Clerk read Reso lution 13 , 2024 by title.
31 d . *RESOLUTION 13 , 2024 -PANTHER NATIONAL CLUBHOUSE . A RESOLUTION OF
32 THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA ,
33 APPROVING A SITE PLAN FOR A 55 ,669-SQUARE-FOOT CLUBHOUSE WITHIN GOLF
34 COURSE TRACT I OF THE PANTHER NATIONAL MASTER PLAN WITHIN THE AVENIR
35 PLANNED COMMUNITY DEVELOPMENT (PCD), PANTHER NATIONAL BEING
36 LOCATED ON THE WEST SIDE OF COCONUT BOULEVARD , APPROXIMATELY 1.5
37 MILES NORTH OF NORTHLAKE BOULEVARD , AS MORE PARTICULARLY
38 DESCRIBED HEREIN ; PROVIDING CONDITIONS OF APPROVAL ; PROVIDING A
39 WAIVER ; PROVIDING AN EFFECTIVE DATE ; AND FOR OTHER PURPOSES .
40 M ayor R e ed opened the Public Hearing for Reso lution 13 , 2024.
41 Mayor R e ed aske d for ex parte communication for Reso lut ion 13 , 2024.
42 Councilmember Tin sley atten ded the golf course grand opening.
43 Peti tio ner presentati on: S cott Hedge, Panther Nati onal ; G eorge Miss im er, Cot leur & Hearing .
44 Staff presentation : None.
45 Staff recommend ed approval of Reso lution 13, 2024.
46 Public comment: None .
4 7 Ma y or R e ed closed the Pu blic Hearing .
48 Councilm emb e r M iddleton made a motion to approve Resol ution 13 , 2024 .
49 Councilm ember Premuro so secon ded.
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1 Mayor Reed brought the item back for discussion. Discussion ensued .
2 Motion passed 4-0.
3 e . *RESOLUTION 16 , 2024 -PALM BEACH GARDENS MEDICAL CENTER MASTER
4 SIGNAGE PROGRAM MODIFICATIONS . A RESOLUTION OF THE CITY COUNCIL OF
5 THE CITY OF PALM BEACH GARDENS , FLORIDA , APPROVING AN AMENDMENT TO
6 THE PALM BEACH GARDENS MEDICAL CENTER PLANNED UNIT DEVELOPMENT
7 (PUD) TO UPDATE THE MASTER SIGNAGE PROGRAM, THE PALM BEACH GARDENS
8 MEDICAL CENTER BEING LOCATED IMMEDIATELY SOUTHEAST OF THE
9 INTERSECTION OF BURNS ROAD AND GARDENS EAST DRIVE , AS MORE
10 PARTICULARLY DESCRIBED HEREIN ; PROVIDING WAIVERS ; PROVIDING
11 CONDITIONS OF APPROVAL ; PROVIDING AN EFFECTIVE DATE ; AND FOR OTHER
12 PURPOSES .
13 Mayor Reed stated there are two Counci lm embers that are members of the Governing Board
14 of the Palm Beach Gardens Medical Center and will have to recuse themselves from voting on
15 Resolution 16 , 2024 . Since there is not a fu ll Counci l this evening , a quorum is not establi shed .
16 This petition has been advert ised ; however, without a quorum no action may be taken , and the
17 public hearing cannot be opened. This item will be readvertised with the date of the hearing as
18 Apri l 4, 2024 , and the ad wi ll be published on March 25 , 2024. No further action will be taken
19 on this item at this meeting.
20 City Attorney, R. Max Lohman stated there was a public comment card submitted (S haron
21 Rachlin , 3502 Gardens East Drive , Apt. A, Palm Beach Gardens , Florida 3341 0); however, the
22 public hearing cou ld not be opened as a quorum wou ld not be established due to two
23 Councilmembers having to recuse themselves . It wi ll be readvertised. The public heari ng will
24 happen on April 4, 2024 .
25 IX. RESOLUTIONS
26 None.
27 X. ITEMS FOR COUNCIL ACTION/DISCUSSION AND ITEMS OF INTEREST:
28 None .
29 XI. CITY ATTORNEY REPORT
30 City Attorney, R. Max Lohman reported House Bill 479 (Alternative Mobility Funding
31 Systems) and Senate Bill 688 (Alternative Mobility Fund in g Systems and Impact Fees) made it
32 thro ugh the Florida House of Representatives unanimously and passed through the Senate on
33 Monday with a vote of 39 -1. The legislation is on the Governor's desk fo r signature. He
34 referenced the City Counci l Special Meeting on March 1, 2024 , which authorized the City
35 Manager and City Attorney to execute a sett lement agreement with Transform Operating Stores ,
36 LLC . The sett lement wi ll be consummated soon and will bring an end to the litigation. There
3 7 wi ll be no cost to the City . Finall y, Section 8-1 of the City Charter requires the City Counci l to
38 review terms and provisions of the City Charter as often as the Counc il sees fit but no less than
39 five years. The City Charter was last reviewed in 2019 . He recommended Co uncilmembers
40 review the City Charter and reach out to him with any questions and discuss with the City
41 Manager.
42 Councilmember Tinsley thanke d Mayor Reed and City Attorney, R. Max Lohman for all
43 their hard work and traveling to Tallahassee regarding the House and Senate Bill in support of
44 mobi li ty. City Attorney, R. Max Lohman appreciated the support and team assistance
45 provided by staff and thanked City Lobbyist Mat Forrest, Ballard Partners , and Louis
46 Rotundo , Louis Rotundo and Associates , for their collaboration .
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XII. ADJOURNMENT
The meeting adjourned at 7:52 p.m.
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APPROVED:
36 ATTEST:
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41 Patricia Snider, CMC
42 City Clerk
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Carl W. Woods , Vice Mayor
~Y, Councilmember
C ::::::::-,,,, JC f:: Counci lm embe0
Dana P. M iddl eto n , Counci lm ember
46 Note: These minutes are prepared in com pli ance w ith 286.01 I F.S. a nd are not verbat im transcripts of
4 7 the meeting. A verbat im aud io record is avai lab le from the Office of the C ity C lerk.
48 A ll referenced attachments are o n file in the Office of the City C lerk.
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