HomeMy WebLinkAboutMinutes Council 021794N
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CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
FEBRUARY 17, 1994
The Regular Meeting of the City Council of the City of
Palm Beach Gardens, Florida, was called to order by Vice
Mayor Monroe at 7:30 F.M. in the Assembly Room of the
Municipal Complex, 10500 North Military Trail, Palm Beach
Gardens, Florida, and opened with the Pledge of
Allegiance to the Flag.
ROLL CALL The Deputy City Clerk called the roll and present were -
Vice Mayor Monroe, Councilwoman Furtado, and Councilman
Clark. Councilman Jablin arrived at 7:34. Mayor Russo
was not in attendance, as he was ill.
ANNOUNCEMENTS Vice Mayor Monroe stated the announcements were as posted
on the City's Bulletin Boards.
ITEMS BY MAYOR
AND CITY COUNCIL
Councilman Clark Councilman Clark reported he had attended the inaugural
meeting of the Palm Beach County Inter - Governmental
Forum, whose purpose was to promote coordination between
governmental entities by taking issues important to more
than one jurisdiction and finding solutions that would
work for everyone. A written request filed by a member
would be screened by an Executive Committee; then by an
Ad Hoc committee for review, comment, and recommendation;
then back to the Executive Committee for acceptance,
rejection or modification of the recommendation. It
CITY COUNCIL REGULAR MEETING, 2/17/94
PAGE 2
would then be presented to the Forum who would accept or
reject by a 2/3 vote. The only item presented at the
inaugural meeting was a request by Palm Beach County that
its post - disaster development plan be considered for
county -wide application, which was rejected due to the
fact that each jurisdiction would face its own unique
issues that might not be properly considered in a county-
wide plan; however, the Forum supported establishment of
an intergovernmental coordination component in the County
plan to facilitate and coordinate regional planning for
post disaster issues which would need uniform response by
local governments.
Councilwoman Furtado
Councilwoman Furtado reported attending the School Board
meeting regarding boundary issues pertaining to Suncoast
and Palm Beach Gardens High Schools. She requested the
Council support a resolution which would not change any
programs at Suncoast High School but would gradually
phase in the boundaries by transferring 72 students
during the 1994 -1995 school year from the overloaded Palm
Beach Gardens High School to Suncoast High School. Vice
Mayor Monroe requested the proposed resolution be placed
on the agenda for the next City Council Meeting.
Councilwoman Furtado relayed a request from the County
Commissioners that the City support their recommendation
1
CITY COUNCIL REGULAR MEETING, 2/17/94
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to align Hickory Drive with Shady Lakes Drive where these
streets meet PGA Boulevard, in order to facilitate
traffic and to make a safe crossing for school children.
Vice Mayor Monroe requested the County Commissioners be
requested to submit a proposal to Palm Beach Gardens City
Staff for their recommendations and presentation to the
City Council.
Councilwoman Furtado requested staff prepare a list of
landscaping and beautification improvements which have
been accomplished and are planned for the I -95 and PGA
Boulevard intersections and for the intersections east
and west of those for the Metropolitan Planning
Organization.
COMMENTS FROM THE PUBLIC
Sam Carsillo Sam Carsillo, Palm Beach Gardens, addressed the City
Council and wanted to know whether any answers were ready
regarding the list of 25 grievances he had submitted to
the Council. Greg Dunham, Assistant City Manager,
responded that the list had been distributed to staff
members for resolution and a report would be presented
when all items were resolved. Mr. Carsillo praised the
Public Works Department for their work.
RE -ORDER OF AGENDA Vice Mayor Monroe made a motion, seconded by Councilwoman
Furtado and unanimously carried to re -order the agenda to
place Resolution 21, 1994 after the consent agenda.
CITY COUNCIL REGULAR MEETING, 2/17/94
CONSENT AGENDA
PAGE 4
Councilwoman Furtado made a motion to approve the Consent
Agenda, seconded by Councilman Clark. The following
items on the Consent Agenda were unanimously approved by
the City Council:
1. Approval of Minutes, 2/3/94 City Council Regular
Meeting.
2. Approval of Minutes, 2/10/94 City Council Workshop
Meeting.
3. Proclaiming 5/1- 5/7/94 as "Drinking Water Week ".
4. Resolution 23, 1994 - Approval of PGA Landscape
Plan.
5. Resolution 24, 1994 - Supporting initiatives to
keep Pratt & Whitney in Palm Beach County.
RESOLUTION 21, 1994 Vice Mayor Monroe introduced Resolution 21, 1994, which
was the Approval of Awarding of Bid for the Management of
the Municipal Golf Course as advertised 11/28/93, 12/1/93
and 12/5/93, and opened and read at the Regular Meeting
of 12/16/93. City Manager Herakovich reported many
residents had responded to the request for input
regarding golf course management. A petition with
approximately 200 resident's signatures had been
submitted who were in favor of not changing the golf
course management, and another group of residents were
worried that the golf course would not be primarily for
the residents under the PGA proposal. City Manager
Herakovich summarized the criteria for the Council to
consider as finding the best way for the City to maximize
revenues, minimize expenditures and keep play available
to the residents.
CITY COUNCIL REGULAR MEETING, 2/17/94
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Don Kepler Don Kepler spoke in favor of keeping the present
management of the golf course, expressing his viewpoint
that under the PGA National proposal the course could
become a "dumping ground" for PGA National referrals,
with a pricing structure that would discourage play by
residents, and pointed out inconsistencies he had found
with the Dubin & Associates proposal.
John Iannelli John Iannelli, 220 East Tall Oaks Circle, spoke in favor
of the present management.
Robert Hartman Robert Hartman, PGA National, stated he and his wife had
played over 300 rounds at the golf course, and he felt
the golf course had a bad start because of negative press
reports. He offered several solutions: City Council
should realize the golf course was a long -term investment
for the City of Palm Beach Gardens that would take time
to turn around; renegotiation with bond holders to
increase the annual principal payments which would result
in lower interest over the life of the bonds; creating
a membership program for city residents, and possibly a
membership program for county residents with a slightly
higher dues; maintain a reasonable daily rate for non--
residents competitive with other public golf courses;
complete improvements that had been started by current
management; institute programs to insure continued
increased play; hire a public relations firm to promote
the golf course; establish a course committee to assist
CITY COUNCIL REGULAR MEETING, 2/17/94
PAGE 6
course management; give current management the tools and
confidence to develop a solid business.
Paul Bolognese Paul Bolognese spoke in favor of giving the present golf
course management the same amount of time to turn the
course around as the City Council would give either of
the proposed management companies.
Paul Houde Paul Houde compared the golf course with many upscale
golf courses on the eastern coast of the United States
and requested the Council reject all bids and table the
issue of the golf course for one year. He invited
Council members to visit the course.
Leo Graham Leo Graham stated he had attended the workshop meeting
and heard several discrepancies. He stated he was a
starter at the golf course and suggested a 5 -point
program: leave present management in place, appoint a
golf committee to meet monthly to work with management
and report to the Council, greater emphasis on marketing
and advertising, some course modifications, and consider
a name change.
Frank Allemana Mr. Allemana spoke in favor of present management and
suggested leaving the 18th and 9th holes as they were.
Nick Esposito Nick Esposito spoke in favor of the present golf course
management team.
John Gardner John Gardner spoke representing PGA National Golf Club
stating they were a successful golf management business
who knew what it would take to make the course
CITY COUNCIL REGULAR MEETING, 2/17/94 PAGE 7
profitable.
Colin Wright Colin Wright spoke in favor of PGA National Golf Club's
proposal; however, the Council asked that comments be
limited to the public and not to include representatives
of the bidders.
Lane Henderson Lane Henderson urged the Council to table this matter for
60 days, and to appoint a golf committee to consider this
matter.
Kent Olson, Finance Director, responded to questions by
Ms. Henderson that the $500,000 proposed by Dubin &
Associates was to be part of the refinancing of the golf
course and was not budgeted, and neither bidder had
submitted a contract proposal.
Milton Stern Milton Stern, a resident of PGA National, reminded the
City Council that last September they had promised to do
everything possible to eliminate the $750,000 annual
deficit of the City's golf course, and stated his belief
the only way to accomplish this would be to award the
golf course management contract to PGA National.
Earl Collings Mr. Collings stated his experience in golf course
management, and gave the council some statistics to
consider as to prices and rounds at municipal courses,
and that it would take a few years to become profitable.
Councilwoman Furtado stated she had received a lot of
input that the golf course was very good, but was
disturbed because she had received comments from players
CITY COUNCIL REGULAR MEETING, 2/17/94
PAGE 8
who complained about how they had been treated at the
course. Her concerns were that the people using the golf
course be treated as well as anyone could be treated and
that the annual $750,000 deficit be eliminated.
Councilman Clark stated he was ready to move ahead to
eliminate the deficit. Councilman Jablin stated he felt
this very important decision required a decision by all
five Council members, and only four were present, and
also, he felt both bidders had presented projections
rather than proposals, and felt this matter should be
tabled to obtain more input from residents. Vice Mayor
Monroe stated her agreement with Councilman Jablin. It
was therefore the consensus of the Council to place this
matter on the agenda for the next City Council meeting.
PUBLIC HEARINGS
ORDINANCE 2. 1994 Vice Mayor Monroe declared the Public Hearing open, which
was duly advertised 2/2/94 and held on the intent of
Ordinance 2, 1994, amending Chapter 153 "The Landscape
Code" of the Palm Beach Gardens Code. There being no
comments from the public, Vice Mayor Monroe declared the
Public Hearing recessed until March 3, 1994. It was the
consensus of the City Council to have staff incorporate
into Ordinance 2, 1994, Vice Mayor Monroe's suggested
amendments for consideration at the March 3, 1994
meeting, as follows: to add to Page 2 at the end of
part D the following sentence: "After a tree canopy
CITY COUNCIL REGULAR MEETING, 2/17/94
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reaches 15 feet in diameter, crown reduction shall only
be permitted as incidental when correct pruning standards
are used and when there are constraints such as, but not
limited to, power lines and structures." In the last
sentence of section E, insert the words "and size" after
"....trees shall be of a shape ". Third page at top,
strike the word "most "; Section 3, after "If other than
the normal expected tree canopy shape" insert "and size ".
In the next sentence after "If not noted, strike the next
five words, "the City will expect all and insert "trees
shall be allowed to grow to their "; and after the words
"natural shape" strike the word "tree" and insert "and
size ". Strike the word "A" at the beginning of the next
sentence. In Section 4 after the word "green" insert the
word "fronds ".
ORDINANCE 3, 1994 Vice Mayor Monroe declared the Public Hearing open, which
was duly advertised 2/2/94 and held on the intent of
Ordinance 3, 1994, amending the Retirement Plan for
General Employees of the City of Palm Beach Gardens.
There being no comments from the public, Vice Mayor
Monroe declared the Public Hearing closed. Per a motion
by Councilman Clark, seconded by Councilwoman Furtado and
unanimously carried, the Deputy City Clerk read, by title
only, on second and final reading, Ordinance 3, 1994.
Councilman Clark made a motion, seconded by Councilman
Jablin, to adopt Ordinance 3, 1994. The motion was
CITY COUNCIL REGULAR MEETING, 2/17/94
PAGE 10
unanimously carried.
ORDINANCE 4. 1994 Vice Mayor Monroe declared the Public Hearing open, which
was duly advertised 2/2/94 and held on the intent of
Ordinance 3, 1994, amending the Palm Beach Gardens
Firemen's Pension Fund. There being no comments from the
public, Vice Mayor Monroe declared the Public Hearing
closed. Per a motion by Councilman Clark, seconded by
Councilwoman Furtado and unanimously carried, the Deputy
City Clerk read, by title only, on second and final
reading, Ordinance 4, 1994. Councilman Clark made a
motion, seconded by Councilwoman Furtado, to adopt
Ordinance 4, 1994. The motion was unanimously carried.
RESOLUTION 18,1994 Vice Mayor Monroe declared the Public Hearing open, which
was duly advertised 2/2/94 and held on the intent of
Resolution 18, 1994, amendment to the Bridge Center PUD,
created by Ordinance 12, 1986, to provide for a one -year
extension of time for the completion of said PUD.
Comments by Rich Walton, Director of Planning and Zoning,
reflected staff's recommendation for denial of the time
extension. Larry Smith, agent for the petitioner,
American Financial -Downs Partnership, stated there was
now a contract purchaser for the property, Eddie Garcia.
Mr. Smith introduced Bob Basehart, a planner with
Basehart & Cantrell, who offered his opinion that good
faith had been shown by the petitioner, stating the
project had previously not been able to move forward
CITY COUNCIL REGULAR MEETING, 2/17/94
PAGE 11
because of economic conditions, and addressed the
criteria required to be used by the City Council under
the Concurrency Management System (Ordinance 12, 1992).
Mr. Smith stated for the record they were now waiting on
court approval for Department of Insurance liquidation
transactions. Bernice Downs, a member of the partnership
which owns the property, asked the Council to consider
that the life savings of partners were at stake. Gerald
Rossow spoke representing parties in opposition to
extension of the ordinance. The prospective purchaser
stated his intention to build a Japanese steak house and
an upscale Italian restaurant on the site, rather than
the restaurant and office building originally proposed.
After discussion, a proposed amendment was read into the
record by City Attorney Baird as follows: Section 1:
The Bridge Center Planned Unit Development is hereby
granted an extension of time, to September 25, 1994, for
the submission and approval of an amended PUD which
complies with all current codes. A motion was made by
Councilwoman Furtado, seconded by Councilman Clark, to
approve Resolution 18, 1994, as amended. The motion
carried 4 -0. Vice Mayor Monroe, upon passing the gavel
to Councilman Jablin, made a motion to reconsider
Resolution 18, 1994, seconded by Councilman Jablin. The
motion was unanimously approved by the City Council. A
motion was made by Councilwoman Furtado, seconded by
CITY COUNCIL REGULAR MEETING, 2/17/94
PAGE 12
Councilman Clark to approve Resolution 18, 1994 as
amended as read into the record. Vote carried 3 -1, with
Vice Mayor voting against the motion.
RESOLUTIONS
Resolution 7, 1994 It was the consensus of the City Council to fill in the
blanks of Resolution 7, 1994, appointing members to the
Planning and Zoning Commission, with the following names
as recommended by Councilman Clark: Section 1: Diane
Carlino, Carl Sabatello, Dan Honig, Philip Lyddon.
Section 2: Jeffrey Ornstein, Joseph Hamzy, William
Mignogna. Section 3: Michael Posner and Thomas Pastore.
Motion to approve Resolution 7, 1994 with the names
inserted as noted by Councilman Clark was made by
Councilwoman Furtado, seconded by Councilman Jablin and
unanimously carried.
Resolution 19, 1994 After a presentation by Nader Salour, agent for the
petitioner, BallenIsles Community Association /MacArthur
Holding A, Inc., a motion was made by Councilman Clark,
seconded by Councilman Jablin, to approve Resolution 19,
1994, Amendment to BallenIsles Parcel 11 PUD, created by
Resolution 151, 1990, and subsequently amended, providing
for an extension of time for the completion of said PUD.
Motion passed 3 -0. Councilwoman Furtado was not present
for the vote.
Resolution 20, 1994 It was the consensus of the City Council to fill in the
first two blanks of Resolution 20, 1994, Approval of
CITY COUNCIL REGULAR MEETING, 2/17/94
PAGE 13
Awarding of Bid for the air - conditioning system for the
Community Center, with the name Therma -Seal Roofing, Inc.
and the amount of $52,000; and to amend Resolution 20,
1994, by deleting the words "Account Number" and replace
with the words "previously budgeted capital
improvements." Motion to approve Resolution 20, 1994 as
amended was made by Councilman Clark, seconded by
Councilman Jablin, and unanimously carried.
Resolution 22, 1994 It was the consensus of the City Council to amend
Resolution 22, 1994, Creating an Equity Study Commission,
setting forth procedures and appointing members to same.
From the title, delete the words "and appointing members
thereof." In Section 2, delete the words "ten (10) days"
and replace with "fourteen (14) days ". Change Section 3
to read "The City Council shall name five representatives
from the business community to the Equity Study
Commission." Motion to approve Resolution 22, 1994 as
amended was made by Councilwoman Furtado, seconded by
Councilman Jablin and unanimously carried.
ORDINANCES
ORDINANCE 5, 1994 Motion was made by Councilman Jablin, seconded by
Councilman Clark and unanimously approved by the City
Council to place on first reading by title only,
Ordinance 5, 1994, an ordinance of the City of Palm Beach
Gardens, Florida, text amendment to eliminate approval
for sale liquor, beer & wine sales in conjunction with a
CITY COUNCIL REGULAR MEETING, 2/17/94
PAGE 14
restaurant. Deputy City Clerk read, on first reading by
title only, Ordinance 5, 1994.
ORDINANCE 6, 1994 Rich Walton commented that Ordinance 6, 1994, providing
for an Interim Zoning ordinance, providing for
legislative intent and limited time of duration, had been
placed on the agenda for consideration of first reading
before formal discussions were conducted by the City
Council in order to enact legislation to give staff time
to complete a package for consideration by the City
Council. City Attorney Baird noted the ordinance itself
sets out the legislative authority of the City to enact
an interim zoning ordinance and it was common practice to
enact legislation in order to allow staff time to
complete the necessary planning studies. Motion was made
by Councilman Jablin, seconded by Councilman Clark and
unanimously approved by the City Council to place on
first reading by title only, Ordinance 6, 1994. The
Deputy City Clerk read Ordinance 6, 1994, by title only,
on first reading.
CITY MANAGER REPORT
AUTHORIZATION TO
PURCHASE ALTERNATIVE
FUEL VEHICLES City Manager Herakovich brought before the City Council
a request for authorization to purchase eleven
alternative fuel vehicles at a total cost of $196,126.05
of which half had been budgeted by the City and half
would be reimbursed by a grant which had been received by
CITY COUNCIL REGULAR MEETING, 2/17/94
PAGE 15
the City. Motion was made to approve this request for
authorization as presented by City Manager Herakovich by
Councilwoman Furtado, seconded by Councilman Jablin and
carried by vote of 3 -0, with Councilman Clark not present
for the vote.
City Manager Herakovich requested that the City Council
members consider dates for Budget Workshops on July 18
and July 19, 1994, and Public Hearings on September 8 and
September 22, 1994.
ITEMS FOR DISCUSSION
COMPREHENSIVE LAND
USE PLAN AMENDMENT
#94 -1 Kim Glas, Planning & Zoning Department, presented
potential changes to the Comprehensive Plan for direction
by the City Council. It was the consensus of the City
Council to not proceed with item 1, request from
Frenchman's Creek to delete Flamingo Road /Hood Road from
Future Traffic Circulation map; to not proceed with item
2, request from North Palm Beach to review growth that
could occur near their boundary and increase the traffic
flow in the area, but to respond with a letter; to go
forward with item 3, Intergovernmental Coordination
Element to reflect countywide intergovernmental
coordination program and delete reference to Countywide
Planning Council; to go forward with item 4 regarding
Future Land Use Map; to go forward with item 5 to
amend /repeal Resolution 39, 1985; to go forward with item
CITY COUNCIL REGULAR MEETING, 2/17/94
PAGE 16
6, addition of parkways per Resolution 107, 1993; and to
allow an opportunity for the general public to petition
the City for changes to the comprehensive plan.
CITY ATTORNEY'S
REPORT City Attorney Tom Baird suggested a change in procedure
for adoption of ordinances, and stated the present
procedure was to make two motions; first a motion was to
place the ordinance on first or second reading, then
after the ordinance was read, another motion was made to
adopt it. Attorney Baird suggested that after the City
Clerk had read the title that a motion could be made to
approve the ordinance on first reading or a motion could
be made to adopt the ordinance on second reading, which
would eliminate one motion per ordinance.
ADJOURNMENT There being no further business to discuss, the meeting
was adjourned at 11:30 P.M.
CITY COUNCIL REGULAR MEETING4 /17
APPROVAL
RUSSO
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VICE MAYOR LINDA MONROE
c
COUNCILMAN ERI BLIN
COUNCILWOMAN LAUREN FURTADO
COUNCILMAN DAVID CLARK
ATTEST:
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EXA M. RIEF, DEPUTY CITY CLERK
PAGE 17
To. Mayor and City Council of Palm Beach Gardens
From: Residents of Palm Beach Gardens
"We, the undersigned residents of Palm Beach Gardens and golfers at the Gardens Municipal Golf Course, are
not in favor of changing the Golf Course management because le dedicated and competent management that
the existing team has provided us. There is no need for a change."
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To- Mayor and City Council of Palm Beach Gardens
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To: Mayor and City Council of Palm Beach Gardens
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To Mayor and City Council of Palm Beach Gardens
From Residents of Palm Beach Gardens
"We, the undersigned residents of Palm Beach Gardens and golfers at the Gardens Municipal Golf Course, are
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