Minutes 11-15-89MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD IN
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA
WEDNESDAY, NOVEMBER 15, 1989 AT 5:00 P. M.
PRESENT
Gene Moore, Mayor
Robert Olenik, Jr., Vice Mayor
Arline Weiner, Commissioner
Lee Wische, Commissioner
George Hunt
Interim City Manager
Betty Boroni, City Clerk
Raymond A. Rea,
City Attorney
Mayor Moore called the meeting to order at 5:00 P. M.
ANNOUNCEMENT
Mayor Moore announced that he had a statement to make first
because of advance publicity and the confusion which
resulted with interviews of the three remaining City Manager
candidates last Friday. He reviewed the plans agreed upon
previously and then told about Mr. Hunt calling him Thursday
indicating there had been conflicts with scheduling and the
social function was cancelled on Friday night, the Saturday
morning session was cancelled because of the inavailability
of certain commissioners, etc. Mr. Hiskey was already on
his way, so he did pick up Mr. Hiskey at the airport, took
him to his hotel and to dinner, since no other arrangements
were made. He referred to the inaccuracy of the newspaper
reports and stated he hoped we could put this behind and go
forward. Vice Mayor Olenik agreed they should move forward.
ACCEPTANCE OF AGENDA
vice Mayor Olenik requested the items be re-arranged on the
agenda. Mayor Moore announced that Item 4 - First Reading
of Ordinance Removing Residential Restrictions from
Commercial Zones could be deleted as it was not finalized by
the Planning & Zoning Board last night.
Vice Mayor Olenik referred to Mr. Hunt's resignation being
first on the agenda and stated that depending on what hap-
pens during the discussion of hiring a City Manager, it may
affect when to accept Mr. Hunt's resignation. Commissioner
Wische suggested leaving the agenda as is and Mayor Moore
agreed.
ACCEPT RESIGNATION OF GEORGE HUNT
Mayor Moore first stated that he did not like contracts
because it leads to interpretation, lawyers and litigation.
1
MINUTES - SPECIAL CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA NOVEMBER 15, 1989
He prefers to approve the numbers agreed upon and allow Mr.
Hunt to have the protection and rights through the date of
his resignation on defense. Commissioner Weiner agreed the
numbers are fine' and added that the right of representation
as it is written in the City Charter should also apply to
Mr. Hunt. Mayor Moore agreed and stated that an agreement
was not needed. Commissioner Wische read Section 2-8 of the
Code of Ordinances and agreed this should be afforded to Mr.
Hunt. City Attorney Rea suggested deleting Items 8 and 9 in
the agreement and make reference to Section 2-8 of the Code
of Ordinances. Mr. Hunt agreed to accept this. Further
discussion ensued regarding the need for an agreement.
Mayor Moore suggested accepting the resignation and incor-
porating Items 2, 3, 4, 5, 6 and 7 and incorporating the
provisions of what Mr. Hunt is entitled to under Section 2-8
of the Code of Ordinances. Commissioner Weiner responded
that this is the same Commission that pleaded with George
Hunt to serve as Interim City Manager and complimented him
for his work. Vice Mayor Olenik stated nothing on the
front page of the agreement could be litigated and Mr. Hunt
advised that if Item 1 was deleted, he would not accept the
agreement.
Commissioner Weiner made a motion to accept the termination
agreement submitted by George Hunt, seconded by Vice Mayor
Olenik. Under discussion, Vice Mayor Olenik stated he was
not ready to accept the agreement with the date of 5:00 P.M.
on November 15, 1989. Mayor Moore questioned what was to be
substituted and Vice Mayor Olenik suggested that it be
discussed. Vice Mayor Olenik then withdrew his second to
the motion.
Commissioner Weiner suggested working out a per diem basis
for the Interim City Manager. Further discussion ensued
regarding the items in the resignation agreement and the
meaning. Vice Mayor Olenik suggested the effective date be
midnight tonight and Commissioner Wische requested that no
changes be made in personnel.
After further comments, Mayor Moore clarified that the
motion was to terminate George Hunt and accept his resigna-
tion agreement with accepting Items 1 thru 7 and deleting
Items 8, 9, and 10 and substituting midnight tonight for the
effective date. Motion carried 4-0.
Former Mayor Ralph Marchese requested to speak and stated
for the benefit of the City and in the interest of pro-
fessionalism, the continuity of the Cify Manager is most
2
MINUTES - SPECIAL CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA NOVEMBER 15, 1989
important in the operation of the City. The City Commission
is the body which decides policy. He strongly recommends
that whether they chose a City Manager tonight or not, to
hold Mr. Hunt's resignation in abeyance until the City
Manager comes on and perhaps they can have a discussion and
exchange ideas so there won't be a void and it will be a
nice easy transition in government.
Commissioner Wische stated since the time has changed from
5:00 P.M. to midnight, he would like to protect the
employees from any changes. Mr. Hunt responded that there
were changes made in the budget which he signed on October
6; however, shortly thereafter, it became apparent he no
longer had the confidence of this Commission and since then,
he has not signed any personnel forms demoting or promoting
anyone. He certainly would not do that during his last few
hours. Mayor Moore stated that several personnel in the
City Manager's Department went to permanent positions which
he thought were temporary and Mr. Hunt informed him there
were 47 reclassifications in the budget and explained that
he included these changes in his presentation of the budget.
Mayor Moore questioned how the temporary status was changed
to permanent and Mr. Hunt replied that it has been tradi-
tional in this City that promotions and reclassifications
are made annually and this was included as part of the
budget. The three involved in his office were only three of
47. Commissioner Wische agreed that it was not stated in
the budget that acting positions would become permanent.
Vice Mayor Olenik stated this should not be discussed as it
was not included on the agenda. Mr. Rea agreed it was not
proper to discuss at this special meeting, but advised it
could be discussed at another meeting. Mr. Hunt insisted
that these changes were included during three presentations
given on the budget and he also gave the re-organization of
his department in detail. He further explained how names
were never discussed in connection with positions in the
budget and how this was handled administratively.
Commissioner Wische asked for clarification if he had ever
informed this Commission of making certain people permanent
rather than acting and Mr. Hunt replied that he did by posi-
tion and not by name. Mr. Hunt referred to other reclassi-
fications and how this was a normal budget process. He
stated it was not the position of the policy making body to
be involved in this. Mayor Moore requested that backup
material be provided in reference to this for the next
meeting.
MINUTES - SPECIAL CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA NOVEMBER 15, 1989
DISCUSS HIRING CITY MANAGER
Mayor Moore referred to interviewing Mr. Scott Miller and
Mr. Patrick Miller in his office on Monday and stated he is
willing to drop his first choice and vote for Scott Miller
subject to working out contract negotiations. Also, he
wants to avoid a special election and requests that Nathan
Collins be nominated for the empty seat. Commissioner
Weiner objected because the appointment for District II was
not on the agenda and Mayor Moore responded that it could be
taken care of at this time and he was offering a package
deal. Vice Mayor Olenik also objected to this being
discussed because it was not on the agenda for the special
meeting.
Vice Mayor Olenik referred to all three City Manager can-
didates being extremely qualified and stated that Scott
Miller topped his list because he's had more city manager
experience.
Commissioner Weiner stated that she objects to the Mayor
blackmailing this City Commission by putting issues together
which are entirely separate. Vice Mayor Olenik replied that
"black mail" was a strong term and he would like to talk
with members of District II. He added there has to be some
give and take in elective government and political office is
full of compromise. He doesn't want to lose Scott Miller
and would like to retain Woodrow Hay and not have a special
election.
Commissioner Wisehe referred to this Commission being
divided and stated that certain concessions must be made
we must think of the citizens.
and
Vice Mayor Olenik suggested trying to secure an agreement
with Scott Miller and presenting it at the regular meeting
on Tuesday and also the Commission replacement could be
deferred until Tuesday. He clarified that we need an
elected official for District II and also need a good admi-
nistrator for the city.
Commissioner Wische referred to someone having the best
qualifications and knowledge and stated that Nathan Collins
is that person.
Vice Mayor Olenik moved to table the discussion of hiring a
City Manager until Tuesday and stated he will try to secure
a contract and bring it back to the Commission for
discussion. Commissioner Wische seconded the motion. Under
discussion, Mayor Moore stated his support is solidly behind
Nathan Collins. Commissioner Weiner objected again to this
4
MINUTES - SPECIAL CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA NOVEMBER 15, 1989
appointment being made a part of a package deal with the
City Manager. She added that she has no objection to the posi-
tion of City Commissioner being put to a special election.
A City Manager should be chosen, who is the best administra-
tor we can find. An Interim Commissioner is another whole
thing. If we cannot decide, then it should go to the elec-
torate. Motion carried 3-1 with Commissioner Weiner voting
against.
DISCUSS HIRING INTERIM CITY MANAGER
Commissioner Weiner moved that George Hunt be hired on a per
diem basis for the purpose of continuity to run the City
Manager's office until such time as we can choose an Interim
City Manager and agree on a City Manager. There was no
second to this as a motion.
Commissioner Wische stated that his nominee is highly
qualified to serve until a City Manager is chosen and told
about his qualifications and experience. He then nominated
Maurice Rosenstock. Commissioner Weiner agreed with this
nomination.
Vice Mayor Olenik referred to this being a multi-million
dollar entity with several hundred employees and expressed
his concern for putting someone on who is so close to the
political realm. He thinks we should consider somebody who
has had management of this city or a city of a similar size.
Mayor Moore stated that he talked to Scott Miller about this
and was told he would have to give 30 days notice. With
that in mind, he would probably like to see someone like
George Frost come in here and he thinks he would be
available.
Commissioner Wische called for a vote on his motion to
appoint Maurice Rosenstock as Interim City Manager and the
vote was 2-2 with Commissioners Wische and Weiner voting in
favor and Mayor Moore and Vice Mayor Olenik dissenting.
Vice Mayor Olenik agreed that George Frost has had a lot of
experience and stated to keep the city moving in the
interim, he would support George Frost and then moved that
he be named Interim City Manager for the City of Boynton
Beach. Commissioner Weiner explained that she did not know
George Frost, and requested this to be tabled for 24 hours
until she has had the chance to interview George Frost.
Mayor Moore then seconded the motion. Under discussion,
Commissioner Weiner further objected to this being voted
5
MINUTES - SPECIAL CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA NOVEMBER 15, 1989
upon and Mr. Hunt added that George Frost is a fine gentle-
men and well qualified; however, he does have three
excellent people in the City Manager's office who can keep
the paper flowing. Commissioner Wische referred to wanting
Maurice Rosenstock in the position, but stated that George
Frost is well known throughout the county. The motion then
carried 4-0.
ACTING INTERIM CITY MANAGER
Vice Mayor Olenik announced that an Acting Interim City
Manager was needed in George Hunt's absence. Mr. Rea agreed
and read Section 72.13. Mayor Moore asked if there would be
additional resignations and Mr. Hunt advised that Ann Toney
is tendering her resignation effective December 1, but there
are two assistants to the City Manager: Sharon Randolph and
Wilfred Hawkins.
Mayor Moore entertained a motion that Ann Toney fulfill the
position of Interim City Manager. Motion carried 4-0.
Mayor Moore added that he hopes regardless of the final
decision on the City Manager that it could be done on a una-
nimous basis.
DISCUSS CODE ENFORCEMENT - DESTRUCTION OF VEHICLES
Mr. Rea advised that there appears there were some viola-
tions of the contract, but advised that they have agreed to
hold off any lawsuit for thirty days. Mayor Moore referred
to the Building Offical having revised procedures and Mr.
Drew Zuccala came forward and stated as of right now, they
have not been properly notified by the City. There will not
be a lawsuit. He would just like to know who to talk to.
Mrs. Olivia MacLean, Risk Manager, stated she has received
four calls and would be glad to meet with Mr. Zuccala.
Mayor Moore requested that Don Jaeger, Building Official,
also be contacted so everyone understands. He does not want
cars destroyed until final authorization is given.
DISCUSS FISCAL AGENT
Mayor Moore announced that he is preparing a memorandum to
the Commission and will remove it from the agenda until he
gets some facts and figures.
6
MINUTES - SPECIAL CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA NOVEMBER 15, 1989
INTERNAL AUDIT - UTILITIES DEPARTMENT (Verbatim requested
by Interim City Manager Ann Toney)
Moore:
Internal Audit - Utilities Department, I put
this on here. I think it's imperative that we
get something going on internal audit, like
we did on this project in the Utilities
Department. I was seriously concerned when I
saw when we got hit with that $290,000 fine
that we had $1,000,000 in surplus in the
Utilities Department. There is some question
and that's all I've been able to find that's
there. I think we ought to find exactly where
we're coming from, the rate structures there,
that there's no violation of any statutes in
regards to the rate situation and I suggested
that Mr. Rubin be the guy to do it since
he's already on board and he made some state-
ments in the paper that we lacked confidence
in him. I think he's been beat up about as
much as he could be beat up for working on a
pro bono basis, but if he's not the guy and
I'm inclined or I do agree with you that hen-
ceforth any advisers, any bag carriers, as I
call them, that are coming around to work for
this city should be on an outright open bid
basis. I am staunchly opposed to any such
contracts being based on a percentage of the
project. That is totally gross and when I get
to the figures on what we are going to get
whacked on this program coming up to the
extent of the engineers getting $5,727,000 in
fees and $891,500 in the discount figure to
the underwriters, to me that's grossly unfair
and I think we're being taken down the
primrose path. That will be a separate memo.
The big issue is whether you feel that in
light of what we know about the rate structure
and the operation of the utility department is
something we ought to be informed of. I think
we ought to have an internal audit whether
it's Mr. Rubin or somebody else looking at
that and give us a report that we are strictly
complying with the law in the requirements of
the bond issue and where we stand. I'm
shocked that we've got $1,000,000 surplus.
You're not supposed to make money in a bond
issue.
Olenik:
Clarify. Is that a surplus or is
required cash reserves because of
companies? Or is that to further
capitalization?
that
the bond
7
MINUTES - SPECIAL CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA NOVEMBER 15, 1989
Hunt:
Moore:
Wische:
Swann:
Moore:
Swarm:
Moore:
Hunt:
It's not a surplus. The vast majority of cash
available in the utility fund right now is in
fact collected impact fees that have been
designated for the bond program.
You're going to make me go back through my records
that are piled up on my desk and I can hardly
see over it, but you definitely said it's
$10,000,000 in impact fees and it was at least
$1,000,000 in surplus and that's what was said
and that's what was notified to the people when
we tapped it. We borrowed $290,000 from it to
pay that fine. I'll dig it up.
Can I ask some input from our Finance Officer,
who we haven't heard on in any of these
discussions. He is our Finance Officer. He
should be directed the questions, not Mr.
Hunt.
I think the item that you're talking about
relates to the utility operation on the basis
of renewal and replacement funds. The way the
bond covenants are established and set up, you
have to meet a bond rate covenant as we do
meet the bond rate covenants and the money
that is set aside is for what's classified in the
bond resolution as renewal and replacement
funds.
Are you telling us we're violating the terms
of the bond covenant by tapping that fund for
$290,000?
No, Sir, we are not. As far as I have been
able to read and bond counsel has said that as
long as we budget to pay that money back with
interest, it is a legal use of those funds.
Okay, there is too much floating around. I
still think we need an independent internal
audit of that fund to tell us where we stand.
Does anybody else agree or do you want to
blindly just go down the road?
If I may, I agree with you, Sir, and I believe
I brought this up with most if not all the
Commissioners over the past few months and
towards that end, you've already commissioned
8
MINUTES - SPECIAL CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA NOVEMBER 15, 1989
Hunt: (Cont)
Moore:
Wische:
Olenik:
Swarm:
Olenik:
Swann:
Moore:
David M. Griffith in Section 2 of their rate
study to do an in-depth management audit of
the task order system and our relationship
with the consulting engineers and the entire
necessity for the bond issue program. I would
advise the board to wait and see what that
report says and then you'll know the direction
and what you want to do in terms of sending
your auditors to examine it further. In a
sense, you've already paid, you've already
laid the groundwork and David M. Griffith is
already here on board and they are already
starting the rate study. You've already laid the
groundwork for that type of management audit
and based on their report, I think you'll have
a much better idea of how many internal audi-
tors you want and where you want to send them
and what you want them to look at.
Well, what's the pleasure of Council? I'm on
record that I think we need it. I don't think
whatever he's going to do is going to kill the
business.
I'm on record as saying the same thing.
I have no problem in having David M. Griffith
doing what they're doing and I'd be interested
to see if an internal auditor is going to come
up with anything different. I would like to
hope that they wouldn't. It would certainly
prove to us that the Griffith study is
adequate.
May I make a suggestion?
Yes
Just one. We are right at this time going to
be in an audit process with our external audi-
tors, Ernst & Young, thru 9/30/89. Part of
the process includes all rules and regulations
and state statutes and all documentation and
maybe if we could ask them to add on to their
report something that would meet the
Commission's approval.
That's not satisfactory to me.
9
MINUTES - SPECIAL CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA NOVEMBER 15, 1989
Swann:
Moore:
Weiner:
Moore:
Weiner:
Moore:
Weiner:
Moore:
Wische:
Moore:
Weiner:
Olenik:
Moore:
Weiner:
Wische:
Olenik:
Moore:
Moore:
Yes, Sir.
I'm going to be overlooking them too. I think
an internal auditor is something we need on
this. If you agree and I agree with you,
let's go out for bids and see what we can get.
We've got $36,000 in the budget and he doesn't
necessarily have to be in-house; he can be on
a contract basis and see what it would cost.
Is that satisfactory? Do we have a consensus
to try to get something to chew up?
This seems to come up quite often. Do you
think we need a permanent person?
I'm not saying that. No.
Just on a contract basis?
Let's switch the guy over from city hall...
I have no objections.
Okay, then we have a consensus. Let's work up
some bids on this, okay?
Do we need a motion on that?
Yes.
So move.
Second.
Ail right, we'll go ahead and try to work up
some bids. Let's take a vote. Ail in favor,
say aye.
Aye
Aye
Aye
Aye
Let me tell you a little history before we go.
We're kind of early today. The last three or
four bond issues that were handled by this
10
MINUTES - SPECIAL CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA NOVEMBER 15, 1989
Moore: (Cont)
city when I was the City Attorney were handled
by a fiscal agent, okay. We paid him one fee,
a one shot fee. He worked out the rate study, he
sold the bonds at par, okay, he paid all
attorneys' fees, local counsel, bond counsel,
and sold the bonds, printed up the brochures
and did the whole job. Now, we've got so many
experts, they're stumbling over each other.
And each one of them are taking a whack out of
us. The way I compute this, it is in excess
of 17% of the bond issue is going to outside
consultants. Now that's gross to me. And
it's all based on percentages. I mean a guy
draws lines on a piece of paper, pay him for
his professional services for what it is.
He's not going to draw any more lines or do it
any differently because it's $1,000,000 or
$60,000,000 issue. I can tell you one other
thing that nobody in business can do and stand
for. We are looking for $40,000,000 of new
money; we've got $10,000,000. The difference
is $30,000,000. So, how are we getting advice
to go out for a $60,000,000 bond issue when
$30,000,000 is all we need and they are
getting paid fees on $60,000,000 instead of
$30,000,000. I want to give you a little
memorandum on this.
OTHER
Mr. Hunt stated he would like to take one day, tomorrow, to
clean out his office.
Mr. Rea asked if anyone had been authorized to enter into
negotiations with George Frost and Mayor Moore offered to
talk to him and report at the meeting on Tuesday.
Commissioner Weiner again thanked George Hunt for volun-
teering in this position for three months.
ADJOURNMENT
The meeting was properly adjourned at 6:15 P. M.
11
MINUTES - SPECIAL CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
NOVEMBER 15, 1989
C I TY ~O~ ~F/~YNTO/~ACH
Mayor
Vice Mayor
Commissioner
ATTEST:
City C/~rk
! ]~ep~ty City Clerk (Two Tapes)
12
MINUTES OF THE SPECIAL CITY COMMISSION MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH,
FLORIDA, ON FRIDAY, NOVEMBER 10, 1989
PRESENT
Robert Olenik, Jr., Vice Mayor
Arline Weiner, Commissioner
Lee Wische, Commissioner
Uice Mayor Olenik called the meeting to order at 4:30 P.M.
The purpose of this Special Meeting was to conduct inter-
9iews with three candidates for the City Manager position.
The three applicants in attendance were John Hiskey,
J. Scott Miller and Patrick Miller.
~ommissioner Wische didn't think the absence of Mayor Moore
from this meeting should halt the private interviews of the
~andidates. Discussion took place relative to the possibi-
lity of foregoing the group interview process or perhaps
~cheduling a meeting on Monday. Commissioner Wische thought
~he entire Commission should have an opportunity to inter-
~iew the candidates personally and collectively.
~t was noted that Mr. Hiskey was scheduled to return to Utah
on Sunday. Various options were considered. Ann Toney,
~cting Assistant City Manager was asked to telephone the
Mayor at his office and/or home to try and determine when he
Would be available. Vice Mayor Olenik recommended that con-
~erence call interviews be held with all three candidates by
~he Commission, so it would be fair for all three people.
Commissioner Weiner apologized to the candidates for the
qonfusion. The Commission chose to proceed with the private
interviews at the conclusion of the meeting.
ADJOURNMENT
The meeting properly adjourned at 4:40 P.]
ATTEST:
City C~rk
Recording Secretary
i(One Tape
~ ~ - Commi s s ~ner
z ~ Co3nmissioner
~'~-~-'~-~ -- omm~ s~s ioner
'FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST N^ME--FIRST NAME--MIDDLE NAME
Olenik, Robert Jr.
MAILING ADDRESS
29 D Crossings Circle
Boynton Beach, Palm Beach
DATE ON WHICH vOI'E OCCURRED
NAMEOFEOAR~COUNCIL. cOMMISSION. AUTHORITY, OR¢OMMI~E£
City Commission
THE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMIq~I'EE ON
WHICH I SERVE IS A UNIT OF:
.XCrIY ! ~ COUNTY ~ ~ OTHER LOCAL AGENCY
NAME OF POLITICAL SUBDIVISION:
Boynton Beach
MY POSITION IS:
~" ELECTIVE 13 APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented
with a voting conflict of interest, under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although
the use of this particular form is not required by law, you are encouraged-to use it in making the disciosure required by law.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 1'12.3143, FLORIDA STATUTES
t :CTED OFFICERS:
.~. ,.~,rson holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his gpecial private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFI{2ERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting .on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise ma)' participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before maki0g an5' attempt to influence the decision by oral or written communication, whether
lnade by the officer or at his direction. '
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING kT WHICH
THE VOTE WiLL BE TAKEN:
u should complete and file this form (before making any attempt to influence the decision) with the person responsible for
:ording the minutes of the meeting, who will incorporate the form in the minutes.
, A copy of the form should be provided immediately to tile other members of the agency.
· The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
PAGE !
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: ·
· You should disclose orally the nature of your conflict in the measure before participating.
· You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes. ~
DISCLOSURE OF LOCAL OFFICER'S INTEREST
1, Robert Olenik, Jr. , hereby disclose that on
(a) A measure came or will come before my agency which (check one)
inured to my special private gain; or ·:
inured to the special gain of
(b) The measure before my agency and the nature of my interest in the measure is as follows:
November 21 89
,19. :
· by whom lam retained.
A payment made to Motorola, Inc., my employer, was included for approval
CONSENT AGENDA, Item T (~15). Although I have no direct renumeration
from the payment to Motorola, this item is now being placed as public
record to ensure no conflict of voting occurred.
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIv )
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWI'~:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
CE FORM ~B - 10-86 PAGE