HomeMy WebLinkAboutResolution 31-21 - Bayhill Traffic Signal1 RESOLUT ION 31, 2021
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
4 BEACH GARDENS, FLORIDA, ADOPTED PURSUANT TO SECTION
5 164.1041(2), FLORIDA STATUTES, FINDING THAT THE ABSENCE
6 OF A TRAFFIC SIGNAL AT THE INTERSECTION OF NORTHLAKE
7 BOULEVARD AND STONEWALL DRIVE (BAYHILL DRIVE)/
8 SANDH ILL CRANE DRIVE CONSTITUTES AN IMMEDIATE T HREAT
9 TO THE HEALTH, SAFETY, AND WELFARE OF THE PUBLIC WH ICH
10 REQU IRES IMMEDIATE ACTION AND FURTHER FINDING THAT
11 S IGNIFICANT LEGAL RIGHTS WILL BE COMPROMISED IF A
12 COURT PROCEEDING DOES NOT TAKE PLACE BEFORE THE
13 PROVISIONS OF THE FLORIDA GOVERNMENTAL CONFLICT
14 RESOLUTION ACT, SECTIONS 164.101-164.1061, FLORIDA
15 STATUTES, ARE COMPLIED WITH; FURTHER FINDING THAT
16 PALM BEACH COUNTY'S REFUSAL TO TIMELY COMPLY WITH
17 THE REQUIREMENTS OF CHAPTER 119, FLORIDA STATUTES,
18 THE PUBLIC RECORDS LAW, WILL COMPROM ISE SIGNIFICANT
19 LEGAL RIGHTS IF A COURT PROCEEDING DOES NOT TAKE
20 PLACE BEFORE THE PROVISIONS OF THE FLORIDA
21 GOVERNMENTAL CONFLICT RESOLUTION ACT, SECTIONS
22 164.101-164.1061, FLORIDA STATUTES, ARE COMPLIED WITH;
23 TO THE CITY'S REQUEST FOR PUBLIC RECORDS RELATED TO
24 CERTAIN TRAFFIC SIGNAL INSTALLATIONS; PROVIDING AN
25 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
26
27 WHEREAS, the City of Palm Beach Gardens (the City) owns and operates the
28 Sandhill Crane Golf Course located on the north side of Northlake Boulevard and
29 accessed via the intersection of Northlake Boulevard and Sandhill Crane Drive; and
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31 WHEREAS, the Sandhill Crane Golf Course is the only golf course in Florida that
32 winds through the Loxahatchee Slough and wetlands areas; and
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34 WHEREAS, the Sandhill Crane Golf Course features a new Clubhouse which is
35 approximately 22,000 square feet and which incudes the Dancing Crane Restaurant, as
36 well as event space able to accommodate up to 220 people; and
37
38 · WHEREAS, the Sandhill Crane Golf Course averages 139 golfers and visitors per
39 day, 974 golfers and visitors per week, 3,796 golfers per month, and 46,872 golfers and
40 visitors per year; and
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42 WHEREAS, the Sandhill Crane Golf Course is expected to generate 472 daily trips
43 through the intersection , at a minimum ; and
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45 WHEREAS, the Sandhill Crane Golf Course Restaurant is expected to generate
46 194 daily trips through the intersection, at a minimum; and
Page 1 of 10
Resolution 31 , 2021
1 WHEREAS, the Ancient Tree residential development/subdivision is also located
2 on the north side of Northlake Boulevard and accessed via the intersection of Northlake
3 Boulevard and Sandhill Crane Drive; and
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5 WHEREAS, the Ancient Tree residential subdivision is planned to feature 97
6 homes on 97 acres; and
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8 WHEREAS, as part of the planning for the Ancient Tree residential subdivision,
9 Susan E. O'Rourke, P.E., Inc. prepared a Traffic Analysis dated September 13, 2016, for
10 a proposed traffic signal at Northlake Boulevard and Stonewall Drive (colloquially known
11 and listed as Bayhill Drive); and
12
·13 WHEREAS, on September 22, 2016 , the County of Palm Beach (the County)
14 issued a Traffic Concurrency approval letter approving the traffic concurrency for the
15 Ancient Tree residential subdivision; and
16
17 WHEREAS, as part of the planning for the Ancient Tree residential subdivision ,
18 Susan E. O'Rourke, P.E., Inc. prepared a revised Traffic Analysis dated October 3, 2016 ;
19 for a proposed traffic signal at Northlake Boulevard and Stonewall Drive (Bayhill Drive);
20 and
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22 WHEREAS, on October 18, 2016, the County issued a Traffic Performance
23 Standards approval letter approving the revised traffic concurrency pursuant to the Traffic
24 Performance Standards for the Ancient Tree residential subdivision; and
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26 WHEREAS, in approving the revised traffic concurrency pursuant to the Traffic
27 Performance Standards for the Ancient Tree residential subdivision, the County imposed
28 the following condition , among others:
29
30 1) The Property Owner shall fund the cost of signal installation meeting design
31 standards, if warranted, as determined by the County Engineer or the City of
32 Palm Beach Gardens on Northlake Boulevard at Project Driveway/Stonewall
33 Drive (Bayhill Drive).
34
35 WHEREAS, the Ancient T ree residential subdivision is expected to generate 485
36 daily trips through the intersection, at a minimum; and
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38 WHEREAS, the Sandhill Crane Golf Course roadway also f~atures a connection
39 to the Avenir residential and commercial subdivision and that Avenir will consist of four
40 (4) Phases with 4,344 AM Peak Hour Trips and 5,539 PM Peak Hour Trips and that
41 · construction of Phase I including 1,275 homes is already ongoing , and construction of
42 Phase II consisting of an additional 1,000 homes is imminent; and
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Resolution 31 , 2021
1 WHEREAS, the Avenir Phase I residential and commercial subdivision is expected
2 to generate 3,283 daily trips through the intersection, at a minimum; and
3
4 WHEREAS, Avenir also includes the Avenir Workplace and Town Center parcels
5 that features 1,800,000 square feet of professional office space; 400 ,000 square feet of
6 commercial space; 200 ,000 square feet of medical office space; and an approximately
7 80 ,000-square-foot hotel featuring 300 rooms with amenities ; and
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9 WHEREAS, the Avenir Workplace and Town Center parcels are expected to
10 generate 656 daily trips through the intersection , at a minimum; and
11
12 WHEREAS, Avenir also includes the Avenir Civic parcel which features a 15-acre
13 Municipal Annex; a 115-acre City Recreational parcel intended to include an 18-hole Par
14 3 Golf Course with a 35 ,000-square-foot putting course with 18 natural grass holes , a
15 19th "tournament shootout" hole", an instructional building , a 10 ,000-square-foot
16 clubhouse with golf shop, and a two -story lighted driving range with 45 grass tee stations;
17 and
18
19 WHEREAS, the Avenir Civic parcel is expected to generate 1,651 daily trips
20 through the intersection, at a minimum ; and .
21
22 WHEREAS, the Sandhill Crane Golf Course is bounded on the east by the Osprey
23 Isles residential subdivision which is in turn bounded on the east by the Northlake CLF
24 Property and by the Carleton Oaks residential subdivision ; and
25
26 WHEREAS, the Osprey Isles residential subdivision features 101 homes; and
27
28 WHEREAS, the Osprey Isles residential subdivision generates 404 daily trips
29 through the intersection, at a minimum ; and
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31 WHEREAS, the Northlake CLF Property is located on the north side of Northlake
32 Boulevard at the northwest corner of the intersection of Northlake Boulevard and
33 Memorial Park Road between the Osprey Isles residential subdivision and the Carleton
34 Oaks residential subdivision; and
35
36 WHEREAS, the Northlake CLF Property is currently approved for a 10,500-
37 square-foot medical or dental office and a 125 -bed Assisted Living Facility ; and
38
39 WHEREAS, City staff has had multiple contacts about converting the Northlake
40 CLF Property from is currently approved use to high-density townhouses; and
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42 WHEREAS, the Carleton Oaks residential subdivision features 142 homes; and
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44 WHEREAS, the Carleton Oaks residential subdivision generates 568 daily trips
45 through the intersection, at a minimum ; and
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Resolution 31 , 2021
1 WHEREAS, on March 13, 2018 , the City annexed the Bay Hill Estates, the
2 Preserve at Bay Hill, and Rustic Lakes residential subdivisions; and
3
4 WHEREAS, the Bay Hill Estates residential subdivision is located on the south
5 side of Northlake Boulevard directly across from the Sandhill Crane Golf Course and
6 Ancient Tree and accessed via the intersection of Northlake Boulevard and Stonewall
7 Drive (Bayhill Drive); and
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9 WHEREAS, the Bay Hill Estates residential subdivision features 248 homes; and
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11 WHEREAS, the Bay Hill Estates residential subdivision generates 992 daily trips
12 through the intersection, at a minimum; and
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14 WHEREAS, the Bay Hill Estates residential subdivision is bounded on the east by
15 Rustic Lakes, a residential subdivision featuring 30 homes with an additional 36 buildable
16 lots; and
17
18 WHEREAS, the Rustic Lakes residential subdivision generates 120 daily trips
19 through the intersection , at a minimum; and
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21 WHEREAS, Bayhill Commons (aka Northlake 20) is located in front of Rustic
22 Lakes at the southwest corner of Northlake Boulevard and 112th Terrace and prior to
23 annexation was approved by the County for a 37,274-square-foot commercial
24 development featuring two medical office buildings; and
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26 WHEREAS, a prospective buyer for the Bayhill Commons (aka Northlake 20)
27 parcel has approached City staff about converting the property from commercial to
28 residential use with the intent of constructing high-density townhouses; and
29
30 WHEREAS, 112th/Northlake Office (aka W&W, IX, Inc.) is located in front of Rustic
31 Lakes at the southeast corner of Northlake Boulevard and 112th Terrace, and prior to
32 annexation was approved by the County for a 94,089-square-foot commercial
33 development featuring 82,799 square feet of general office space and 11,290 square feet
34 of medical office space; and
35
36 WHEREAS, the prospective buyer for the Bayhill Commons (aka Northlake 20)
37 parcel has approached City staff also about converting the 112th/Northlake Office (aka
38 W&W, IX, Inc.) property from commercial to residential use with the intent of constructing
39 high-density townhouses; and
40
41 WHEREAS, the Bay Hill Estates residential subdivision is also bounded on the
42 east by the Preserve at Bay Hill, a residential subdivision featuring 194 homes; and
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44 WHEREAS, the Preserve at Bay Hill residential subdivision generates 776 daily
45 trips through the intersection , at a minimum; and
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Page 4 of 10
Resolution 31 , 2021
1 WHEREAS, the Bay Hill Estates is bounded on the west by the Acreage, an
2 unplanned residential subdivision in the unincorporated County comprised of
3 approximately 13,325 homes, 40 businesses, and a population of 38,704 persons
4 pursuant to the 2010 US Census Bureau, etc.; and
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6 WHEREAS, the Acreage generates 12,311 daily trips through the intersection, at
7 a minimum; and
8
9 WHEREAS, further to the west in an unincorporated area of the County are the
·10 following developments either planned, under construction , or built out:
11
12 The Shops at Indian Trail located at the southwest corner of the intersection
13 of Northlake Boulevard and Coconut Boulevard.
14 -Approved through the County with R-2014-0111
15 Approved for a total of 106,566 SF of commercial
16 o 71,966 SF General Retail
17 o 15,600 SF Pharmacy
18 o 7,200 SF Financial Institution
19 o 3,800 Drive-Through Restaurant
20 o 4,000 SF Medical Office
21 o 3,000 SF Convenience Store with 16 fueling stations and car
22 wash .
23
24 Pierce Hammock Elementary School located on the south side of Northlake
25 Boulevard between 140 th Avenue and Grapeview Boulevard -467 students
26 enrolled .
27
28 Coconut Palm Plaza located on the southeast corner of the intersection of
29 Northlake Boulevard and Coconut Boulevard .
30 -Currently under review by the County for 44,005 SF of retail and
31 5 ,000 SF of Convenience Store with a 20-station fuel center.
32
33 Avocado Northlake LLC located at the southwest corner of the intersection
34 of Northlake Boulevard and Avocado Boulevard .
35 -A proposed 1,500-student charter school.
36
37 WHEREAS, the current number of residents of and visitors to the foregoing
38 facilities and residential communities and the amenities associated with them necessarily
39 use the intersection of Northlake Boulevard and Stonehill Drive (Bayhill Drive)/ Sandhill
40 Crane Drive for ingress and egress thereto ; and
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42 WHEREAS, the traffic volumes generated by the forgoing residents of and visitors
43 to the foregoing communities and amenities have been significant , particularly at peak
44 times; and
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Page 5 of 10
Resolution 31, 2021
1 WHEREAS, the speed limit on Northlake Boulevard at the intersection of Northlake
2 Boulevard and Stonehill Drive (Bayhill Drive)/ Sandhill Crane Drive is posted as 55 miles
3 per hour, but that observation and evidence shows that many vehicles routinely travel at
4 much higher speeds; and
5
6 WHEREAS, vehicles attempting to travel eastbound leaving this intersection from
7 the north must cross 6 lanes of traffic, including the existing turn lanes; and
8
9 WHEREAS, the City has received numerous complaints from members of the
1 O public and especially from residents of Bay Hill Estates, Rustic Lakes, the Preserve at
11 Bay Hill, Ancient Tree, and the Sandhill Crane Golf Course (PBG City Golf Course)
12 regarding the inability .to make safe turning movements to travel eastbound on Northlake
13 Boulevard and the danger posed by high-traffic volume, vehicle speed , and
14 turning/crossing traffic conflicts at this intersection; and
15
16 WHEREAS, the City, as a result of the foregoing complaints, obtained a Traffic
17 Signal Warrant Analysis from Pinder Troutman Consulting , Inc. on September 29, 2020,
18 which followed the procedures set forth in the Manual on Uniform Traffic Control Devices
19 (MUTCD); and
20
21 WHEREAS, the Pinder Troutman Traffic Signal Warrant Analysis consisted of an
22 analysis of existing traffic counts and projections of traffic volumes due to the proposed
23 developments in the area; and
24
25 WHEREAS, the Pinder Troutman Traffic Signal Warrant Analysis concluded that
26 MUTCD Warrant 1 -Eight-Hour Vehicular Volume was satisfied based on Condition B -
27 Interruption of Continuous Traffic thereto; and
28
29 WHEREAS, the Pinder Troutman Traffic Signal Warrant Analysis concluded that
30 MUTCD Warrant 2 -Four-Hour Vehicular Volume was also satisfied ; and
31
32 WHEREAS, on November 10, 2020, the City Engineer issued a Traffic Signal
33 Request Recommendation in consultation with the City Manager for the installation of a
34 traffic signal at Northlake Boulevard and Stonehill Drive (Bayhill Drive)/ Sandhill Crane
35 Drive intersection. The recommendation was based on the Pinder Troutman Traffic
36 Signal Warrant and in compliance with the City Code of Ordinances 70-32; and
37
38 WHEREAS, on November 12, 2020, the City Engineer submitted the Traffic Signal
39 Request Recommendation to the County explaining that Condition No. 1 in the Palm
40 Beach County Traffic Performance Standard Review letter, dated October 18, 2016, for
41 the Ancient Tree development was satisfied and that the signal was warranted ; and
42
43 WHEREAS, pursuant to Section 316.006, Florida Statutes, that portion of
44 Northlake Boulevard in which the Northlake Boulevard and Stonehill Drive (Bayhill Drive)
45 I Sandhill Crane Drive intersection is located is under the City's original jurisdiction; and
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Page 6 of 10
Resolution 31, 2021
1 WHEREAS, such original jurisdiction empowers the City to place and maintain
2 such traffic control devices, which conform to the Department of Transportation (FOOT)
3 regulations, upon ALL streets and highways under its original jurisdiction , as the City
4 deems necessary to regulate, warn, or guide traffic; and
5
6 WHEREAS, the City has requested the Palm Beach County Traffic Division issue
7 a Right-of-Way permit for the installation of the above-ground portion of the traffic signal
8 at the subject intersection in order that the City may properly exercise its original
9 jurisdiction to further the health , safety, and welfare of the public; and
10
11 WHEREAS, the City has complied with all of the technical construction and
12 installation requirements specified by Palm Beach County and it is entitled to the issuance
13 of said permit as a matter of law ; and
14
15 WHEREAS, the City has over 58,000 residents, of which 1,748 live in and around
16 the Northlake Boulevard corridor and who transit the intersection of Northlake Boulevard
17 and Stonehill Drive (Bayhill Drive)/ Sandhill Crane Drive; and
18
19 WHEREAS, in addition to the residents who live in and around the Northlake
20 Boulevard corridor, there are also members of the public who reside in the unincorporated
21 County who likewise transit the intersection of Northlake Boulevard and Stonehill Drive
22 (Bayhill Drive)/ Sandhill Crane Drive; and
23
24 WHEREAS, the City Council finds that the absence of a traffic signal at the
25 intersection of Northlake Boulevard and Stonehill Drive (Bayhill Drive) / Sandhill Crane
26 Drive constitutes an immediate danger to the health, safety , and welfare of the public;
27 and
28
29 WHEREAS, on April 7, 2021 , the County in the person of its County Engineer,
30 David L. Ricks, sent a letter to the City's Engineer, Todd Engle , in which County Engineer
31 Ricks informed City Engineer Engle that the County would not permit the installation of a
32 traffic signal at the intersection of Northlake Boulevard and Bayhill Drive / Ancient Tree
33 Drive and thus would not issue the necessary Right-of-Way permit for the installation of
34 same; and
35
36 WHEREAS, as · of 6 p.m . on May 6 , 2021 , when Mayor Rachelle A Litt called to
37 order the City Council's regularly scheduled City Council Meeting the City had yet to
38 receive the Palm Beach County Right-of-Way permit for the installation of the traffic signal
39 at the Northlake Boulevard and Stonehill Drive (Bayhill Drive) / Sandhill Crane Drive
40 intersection; and
41
42 WHEREAS, on April 14, 2021 , City Attorney R. Max Lohman submitted a Public
43 Records Request pursuant to Chapter 119 , Florida Statutes, to the County seeking public
44 records generally related to the warranting of nine specific traffic signals by the County
45 (the Requested Records); and
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Resolution 31 , 2021
WHEREAS, on April 16, 2021 , Susan Levesque, Technical Assistant Ill, Traffic
Division, Palm Beach County Engineering and Public Works sent an e -mail to City
Attorney Lohman in response to the foregoing Public Records Request acknowledging
the receipt thereof and further indicating that "[d]ue to the volume of records requested,
the time to produce these records could exceed twenty business days"; and
WHEREAS, City Attorney Lohma·n replied to the foregoing e-mail, copying County
Administrator Baker and County Attorney Nieman, and in an attempt to obtain records in
a timely fashion offered to receive part of the Requested Records (Item 5) first with the
remaining Requested Records (Items 1-4 and 6-7) to be provided later; and
WHEREAS, on April 16, 2021, City Attorney Lohman sent a follow-up e-mail to
Technical Assistant Ill Levesque, copying County Administrator Baker and County
Attorney Nieman , expressing his concern that the County was "slow rolling" its response
to the City's Public Records Request in violation of its statutory duty to timely provide the
Requested Records; and
WHEREAS, City Attorney Lohman received no response to either of the foregoing
e-mails from Technical Assistant Ill Levesque or from anyone else employed by or on
behalf of the County, and as a consequence thereof, on April 29 , 2021, in accordance
with Section 119.12 , Florida Statutes, he sent follow-up correspondence to Technical
Assistant Ill Levesque via e-mail , copying County Attorney Neiman and others,
demanding that the Requested Records be received within five (5) business days thereof
(i.e., by May 6 , 2021); and
WHEREAS, as of 6 p.m . on May 6 , 2021 , when Mayor Rachelle A. Litt called to
order the City Council's regularly scheduled City Council Meeting , the City had received
no response to the City's correspondence from Technical Assistant Ill Levesque or from
anyone else employed by or on behalf of the County, nor had the City received the
Requested Records or been allowed to inspect or copy the same; and
WHEREAS, the City Council finds, under the circumstances set forth herein, that
significant legal rights will be compromised if court proceedings do not take place before
the provisions of the Florida Governmental Conflict Resolution Act, Sections 164.101 -
164.1061 , Florida Statutes, are complied with ; and
WHEREAS, the City Council deems approval of this Resolution to be in the best
interests of the health , safety , and welfare of the residents and citizens of the City of Palm
Beach Gardens and the public at-large.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, that:
SECTION 1. The foregoing recitals are hereby true, affirmed , ratified, and
incorporated herein .
Page 8 of 10
Resolution 31 , 2021
1 SECTION 2. The City Council, in furtherance of the City 's power and authority to
2 install said traffic signal, further authorizes and directs the City Manager and City Attorney
3 to immediately take any and all steps deemed necessary to file one or more actions in
4 the Circuit Civil Court of Palm Beach County , naming the County of Palm Beach and/or
5 any of its officers, agents, and/or employees as a defendant therein; and to seek any and
6 all relief necessary to preserve the exercise of the City's original jurisdiction, power, and
7 authority in this matter related to the installation of the traffic signal at the intersection of
8 Northlake Boulevard and Stonewall Drive (Bayhill Drive) / Sandhill Crane Drive and to
9 compel Palm Beach County and its staff to comply with the mandates set forth at Chapter
10 119, Florida Statutes, as it relates to the City's acquisition of the Public Records set forth
11 in the City's Public Records Request, dated April 14 , 2021 .
12
13 SECTION 3. The City Council of the City of Palm Beach Gardens hereby
14 authorizes and directs the City Manager to immediately take all steps deemed necessary
15 for the installation of the traffic signal at the intersection of Northlake Boulevard and
16 Stonewall Drive (Bayhill Drive) / Sandhill Crane Drive, as failure to do so presents an
17 eminent threat to the health , safety, and welfare of the public at large.
18
19 SECTION 4. This Resolution shall become effective immediately upon adoption.
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Page 9 of 10
Resolution 31, 2021
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PASSED AND ADOPTED this ~ day of __._tt(....;;,ta.J_v ___ _,, 2021.
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10 · ~~SJ: 11 ,, '", ;/] /
13 ~ BY;~ ./L=--------14 -· Patr ic ia Sn ider, CMC , City Clerk
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17 APPROVE
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21 BY: -.3f-_,__---!<C-,IJl-~:.,.C,.,,.~=-----
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VOTE:
MAYOR LITT
VICE MAYOR REED
COUNC ILMEMBER WOODS
COUNCILM EM BER MARCIANO
COUNCILMEMBER TI NSLEY
CITY OF PALM BEACH GARDENS, FLORIDA
sv aaa.a~d;;.,
Rachelle A Litt, Mayor
AYE NAY ABSENT ----
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47 Shared Documents/RESOLUTIONS/2021/Resolution 31 , 2021 Bay Hill Signal.docx
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