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Minutes 09-12-88MINUTES OF THE CITY COMMISSION BUDGET PUBLIC HEARING HELD AT PRIME BANK PLAZA, BOYNTON BEACH, FLORIDA, MONDAY, SEPTEMBER 12, 1988 AT 7:30 P. M. PRESENT Ralph Marchese, Mayor Ezell Hester, Jr., Vice Mayor Robert Olenik, Jr., Commissioner Arline Weiner, Commissioner Peter L. Cheney, City Manager Betty Boroni, City Clerk Raymond Rea, City Attorney Mayor Marchese called the meeting to order at 7:30 P. M. AGENDA APPROVAL As there were no corrections, deletions, or additions to the agenda, Commissioner Olenik moved to approve the agenda as presented. Motion was seconded by Vice Mayor Hester and Carried 4-0. In response to Commissioner Olenik's request, City Manager Cheney explained the procedure for conducting this budget public hearing. The main purpose of the meeting was to hear the comments of the citizens and establish a tentative millage rate. This rate can be reduced at the next public hearing which will be held on September 22nd but it cannot be increased. The millage could not be increased over that Which was approved at the meeting held on August 25th. The comments from the citizens will be heard at this meeting and ~he Commission can request the City Manager to address those issues and bring them back to the Commission at the regular meeting on the 20th/21st or at the next public hearing to be held on the 22nd. PUBLIC HEARING A. Proposed Tentative Budget and Proposed Aggregate Millage Rate for Fiscal Year 1988/89 Mayor Marchese requested that all comments be strictly addressed at issues which regard the budget. He had received written requests to speak and would call them in the order that he received them if they related strictly to Comments regarding the budget. Craig Livingston, 1301 Congress Avenue, representing the Chamber of Commerce, stated that representatives of the Chamber had attended all the budget workshop meetings and wished to make comments. It was the feeling of members of the Chamber of Commerce that, while the proposed budget Would require a substantial tax increase, they felt it had been put together with thought by people knowledgeable in -1- MINUTES - CITY COMMISSION BUDGET PUBLIC HEARING BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1988 their various fields. They felt that the requests were necessary to meet the demands of a growing city and its citizens. Mr. Livingston then referred to the five guide- lines which directed the development of the budget: 1) Programs mandated by law such as the 5 year Comprehensive Plan, 2) Programs and policies established by the Commission for the City to carry out, 3) Preparation for future growth, 4) Increased efficiency of the City to respond to demands by use of personnel through automation and equipment, and 5) Funding of the Capital Improvements Program. He pointed out that Boynton Beach does not have the benefit of an ocean front property tax base nor a large business and industrial tax base as other cities in the area do. The budget has not been increased the past two years for political reasons and the Chamber felt that the Commission must play catch up for those two years. The Chamber's Beautification Committee requested that con- sideration be given to: Adding an additional $5,000 to the Parks and Recreation Department budget for the City Nursery and add one person knowledgeable about horticulture to the Building Department to keep up with landscaping requirements of the building code as it relates to replacement and upkeep of plants, trees and shrubs. They also requested the reinstitution of the $3,000 in the Publicity Fund designated for use in the beautification efforts of Central Business District (CBD) task control. The Chamber further urged the City Commission to approve the proposed millage levy as adopted at the August 25, 1988 workshop meeting. mayor Marchese requested that City Manager Cheney take the requests from the Chamber under consideration. Marie Shepard, 140 West Ocean Avenue, President of the Boynton Woman's Club Historic Preservation Foundation read a letter from Jane Zimmerman, President of the Boynton Woman's Club. In her letter Ms. Zimmerman thanked the City Commission for the support in the form of $25,000 for the past two years. Most of those funds were used to help restore the building. The Club requested $25,000 this year 4o be used for maintenance of the building. When the air conditioning has been installed and the plumbing upgraded, at was felt that the building would receive more use. As it ~s used more frequently, more maintenance will be required. Ms. Shepard wished to see the Club as "a place where the ~resent can be jointed with yesterday's most dynamic Visions." She felt that the building was no building until fully utilized to enrich the quality of life for persons df all ages in the area. She urged the grant of $25,000 for the Boynton Woman's Club for the 1988/89 year. -2- MINUTES - CITY COMMISSION BUDGET PUBLIC HEARING BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1988 Donald E. Bryan, 916 S.W. 38 Court, stated that he had been a resident in Boynton Beach for five years; and that he came to the City from South Florida due to the small town atmosphere and it's assets. He had reviewed tax proposal notices from Boynton Beach, Delray Beach, Deerfield Beach, Pompano Beach, Coral Springs, Oakland Park and Fort Lauderdale. None of the proposed increases for either of these cities comes close to the 29 percent increase proposed by this City. He noted that the cost of living had been under 6 percent and he felt that the proposed 29 percent increase was unconscionable and unforgivable. He stated that the elected officials should look to the needs of the City and finances to provide for those needs, but also to protect the voters and taxpayers of the City. He understood that there were sometimes one time situations which must be funded for growth, but felt that these should not all be financed in one year without a mandate from the people. He stated he would vote against any Commissioner who upheld this type of an increase. Mayor Marchese thanked Mr. Bryan for his comments, but stated that there had been no tax increase for the past two years. He felt that sometimes they must "bite the bullet" even if this meant taking a bit of a beating. He stated ~hat the threat was not necessary, and that the Commission was doing the best that it could. He noted that the City does not have the tax base that the other cities mentioned by Mr. Bryan have. Barbara Travor, 7 Flint Way, asked for reassurance that the ~ondemnation and the funds for the taking of Morey's is available for that purpose. Mayor Marchese stated that City Manager Cheney had set aside a half mill in Capital Improvement for this purpose, as well as funds for the Child Care Center. Burt Sarles, 76 Cambridge Lane, stated that he agreed with Mr. Bryan, but added that he was totally confused as to how bis assessed valuation could go up 16 percent and the added tiax base not be able to provide the additional funds the City says are needed to run the City. He felt that the ilncreased tax base should take care of the increased expen- ditures requested by the City. He noted that 26 homeowners o~n his street were also up 16 percent and another 50 percent o~f the homeowners are up almost 30 percent. Ciity Manager Cheney stated that Mr. Sarles was the first p~rson he had heard say they had a 16 percent increase. -3- MINUTES - CITY COMMISSION BUDGET PUBLIC HEARING BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1988 City Manager Cheney explained that all property assessment was done by the County. The City has no control over the assessment. This is done State wide by the Property Appraiser. Most people he had talked to had no change in their assessment. He felt that perhaps Mr. Sarles might be in a newer community and the assessor might be trying to balance those out and make them fair. He explained that Mr. Sarles could appeal the valuation to the Property Assessor's Office as explained on the notice he received regarding the property tax. The City's millage is based upon that assessment. The tax base for the whole City went from $1.3 billion to $1.4 billion (or $100 million). In general in the City the tax base did not go up very much this year. Two years ago it went up substantially due to the reassessment of much of the City. It did not go up enough this year to avoid a millage increase as reflected by the proposed budget. He felt that in following years, the tax base could increase considerably. The County tries to keep it at a 100 percent assessment, but they can't do a physical inspection each year. Much is done by indexing and by neighborhoods, sales, etc. They do go throughout the whole area every three of four years in greater depth than just indexing. This would explain a major increase every three Or four years. City Manager Cheney stated that he felt it would help the Commission if people would make specific suggestions on what ~hey think the City should or should not do. If the people do not want some of the programs being done by the City, they should let him know. The budget contains things which are necessary by law or things that the Commission has interpreted that the citizens want. If there are things the Citizens don't want, they should let the Commission know Ghat. The budget is for the purpose of providing programs which cost money. Some people even felt that the City should have more programs, and some people feel that the City should have less taxes. It helps to talk about ser- vices and programs and not just taxes. Commissioner Weiner asked what part of the proposed budget Was mandated increases. City Manager Cheney did not have ~hat information with him. He had provided a report last Week which stated that there were increases in pension ~osts, health insurance costs, increases to the ~omprehensive Plan, and much of the retirement programs which Were mandated increases. He had not figured the percentage df mandated items over last year's budget. The report from the Florida League of Cities stated that programs the ~egislature has passed mandate what the Cities do. The -4- MINUTES - CITY COMMISSION BUDGET PUBLIC HEARING BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1988 State has not provided any State funds to do those things. There are also comments regarding the limitations the State puts on the cities in regard to raising funds from sources other than property taxes. He recommended that anyone interested read this report. Mayor Marchese read from the Florida League of Cities report which stated that municipal budgets are in a state of finan- cial distress. Municipal issues are not a priority concern of the State or the Federal Government. Nick Cassandra, 2554 S.W. 10th Court, stated that he wished to answer two questions which were raised. Regarding the assessment increase occurring in the City, if you take the increase of assessment throughout the City and assume the same tax rate that the City has at present, all you would get would be approximately $808,000. This is not enough to run the City based upon the passing of employee pension improvements of $350,000, a merit raise plus step and longev- ity raise of another $300,000 would only leave around $200,000. Those items are fixed in the budget and a tax increase is necessary, but the question is just how much of an increase is necessary. He had a list of itemized depart- ment reductions which he would provide for City Manager Cheney. Mr. Cassandra stated that he had been able to reduce the budget by approximately $600,000. Those numbers are based upon policy decisions which the Commission makes. He recommended that in the Police Department that rather than have 7 Patrolmen, 3 Detectives and 1 civilian that the Commission consider having 10 Patrolmen and perhaps 1 civi- lian. He felt this should be done as the City has not changed the zone east of 1-95. There are still 4 zones. This area east of 1-95 is the most sensitive area in crime and he felt more exposure was needed. He recommended a fifth zone in the area east of I~95 with the added Patrolmen. With the same 4 zones east of 1-95 the south end must have less police protection since one zone has been made much smaller. He recommended the 10 Patrolmen, ~ncrease 2 zones (one east of 1-95 and the one recommended West of 1-95) and the Detectives should come from in-house promotions when needed. A six month review could allow for more Patrolmen if needed. The 87/88 budget has $1 million in excess. The budget ~efore came up to a smaller number than $1.3. Before that $560,000 was in excess. He did not feel this was a politi- Cal cut, but was due to the City Manager's low revenue pre- iction plus buying what is needed when it was needed. He ~isagreed that this was a political cut. MINUTES - CITY COMMISSION BUDGET PUBLIC HEARING BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1988 He had a question regarding policy which he wished to have answered at the second hearing. He had concerns on the 1/2 mill increase. He noted it was being increased for Morey's, condminiums and put back CIP that was taken out ($350,000) and put into the blight area. Morey's and the condominums are a one item shot. He asked if the 1/2 mill was a one item shot or would a half mill be added ad infinitum. This was a question of policy. He felt more revenues could be obtained, but he would stay away from that as it was not on the agenda. He would like to see the revenue increased from the Codes Enforcement Board from people who have been cited and get an administrative fee right away so that the 100 day leeway would not be given and then the people come back and settle 199 days later. He also questioned the policy of home car versus carpool. He was concerned about the take home car. He questioned whether the City's insurance was higher because of the 24 hour service. He asked if it would be less if parked in the City's parking lot and not used at night. He referred to the self insurance and felt this should be a strong concern. He next questioned mileage allowance versus a flat fee. He felt that an allowance might be the way to go and suggested that this be tried for a year. He also referred to the lease car policy. He felt that the City needs automation but did not feel that the City was cost efficient. He recommended that the City go to a mainframe and terminals versus computers on every desk. He suggested that the data department give a report stating if this is the way to go. He also questioned whether to use all IBM equipment or go to some of the clones. This is a policy decision. He also stated that he did not feel the management package was the proper way for the City to go. He noted that the people get a grade level difference and a 4 percent compensation adjustment which takes into con- sideration the higher g~ade levels. He felt that was enough compensation for being a supervisor. He recommended the City try an excellence program, achievement program, or an award program where monetary reward is given for any per- son who does a job beyond his call. He also questioned labor legal fees versus negotiation. He asked if once the budget is approved if that was the end of the Commission's involvement. The Legal Department has gone up in dollars and cents. He did not see, when there was a decrease of personnel, that there was a decrease in salary. He noted the increase from 6½ percent to 10 percent for the utility ~ax. He noted that was on the CIP program and 3½ percent would be for capital improvement. The City in turn took that as collateral to provide recreational facilities. He questioned how much money was in excess of that 3½ percent in the budget. If that is put to CIP he wondered if it is -6- MINUTES CITY COMMISSION BUDGET PUBLIC HEARING BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1988 necessary for the full .5 mill. He asked if there could be a reduction of that .5 mill. Based upon all his assumptions and upon policy decisions of the Commission, he felt that the millage rate should fall between 8.0745 and 8.2445 (based upon how much is left in the utility tax). He also pointed out an error on page 2 which says the millage under Publicity Fund is .0625 but should be .0589. He recommended that the Commission reduce the millage below what is recommended by the City Manager. Addie Harvey, 509 N.W. 2nd Street, Boynton Hills, stated %hat when her taxes are increased her mortgage payment increases. She lives on a fixed income and is a retired widow who receives only one check a month. With the utility ~ates increasing along with other increases she stated that she could not live off her income. She asked the Commission ~o see what it could do to lower her taxes for this year. She has been a taxpayer here for 40 years and she has owned property for over 40 years. She noted that her taxes are higher this year than ever. She did not understand why that Was true since her house was 40 years old. She did not feel she could pay her mortgage if the rates were increased. Mayor Marchese stated that the Commission had met and gone ~hrough the budget line by line. He noted that the final Humbers have not been set. He assured Ms. Harvey that it was the intent of the Commission to do all it can to cut the ~axes as much as possible. He asked what services she would like to see the Commission cut or what functions she wanted them to cut out. The Commission does not want to hurt Anyone in Boynton Beach. The final millage rate increase has not been set. Blanche Girtman, 912 N.W. 3rd Street, stated that she was here because the members of the Police Community Advisory Committee had been meeting with the Police Department and the Ombudsman and they had come up with some findings. The meetings had been very beneficial she felt. At the last ~eeting the possibility of getting the $50,000 that Mr. Taylor from the Drug Abuse Foundation spoke about toward getting the houses set up in Cherry Hills and Martin Luther King area to relieve the problems that exist in that area. She wished to see something done as a result of the findings from those meetings. She felt that the City could match ~unds and get something done about the problems on 10th ~venue and Cherry Hills. She did not feel that the people Should be left alone to kill each other. She noted that Mr. Taylor had come before the Community Relations Board as -7- MINUTES - CITY COMMISSION BUDGET PUBLIC HEARING BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1988 requested by that Board. She noted that the problems have been identified and she would like for the Police Department to be able to work freely with them. She requested that the City consider the $50,000 that Mr. Taylor has in that budget to help the City get some help on the north end to serve the area. Mayor Marchese told Mrs. Girtman that City Manager Cheney had put together a report which she will be receiving in which he outlines all the recommendations made by the people. He has provided a copy to the Mayor and Commissioners requesting that they make comments. He has addressed nearly every request and more in his report and this would be seriously considered by the Commission. Vice Mayor Heater asked if he understood that the County has $50,000 and that the City would match that amount. Mrs. Girtman stated that she did not know enough about it, but that Mr. Hunt was aware of this. City Manager Cheney stated that one of the recommendations which came out of the Task Force was to develop a drug program of some kind working with the South County Drug Abuse Foundation. This Commission in this current year's budget has appropriated $50,000 for that and that money is available. That money is not necessarily for houses but for a drug program. City Manager Cheney was meeting with Mr. Taylor this month to discuss the full-time services of two people from South County to be in the community. Mr. Taylor will be asked what he feels the best way is to take those two people and that money and use it for the drug problems in the community. The program is yet to be designed but the money has been set aside. Tracy L. Stokes, 50 N.E. 17th Avenue, stated that he had filled out a request to speak and it did regard the budget even though the form he filled out did not indicate that. He asked Mr. Cassandra what area he was speaking about when he was talking about increasing police east of 1-95. Mr. Cassandra stated that the present City from the North end to the South end is broken up into 4 zones east of 1-95. (iCity Manager Cheney corrected that to 5 zones). Mr. Cassandra was asking that another zone be created. Mr. Stokes stated that there was a problem and that the money should not be increased going into the Police ~epartment for sending more men out when there are men in hat neighborhood who could police that area. He stated -8- MINUTES - CITY COMMISSION BUDGET PUBLIC HEARING BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1988 that there are qualified men who applied for that position and he did not see sending 12 men to tackle one problem, when they could get people who are in that community to do the job. Mayor Marchese suggested that Mr. Stokes discuss this with City Manager Cheney, and asked if he was talking about a Neighborhood Watch group. Mr. Stokes was not talking about a watch group. He stated that the City did not need to spend more money on policemen when the people could take care of the problems themselves. He was referring to people who had applied from the community to the Police station. He noted that the City needs people to work that area. More money need not be spent on white people to come into black neighborhoods when there are black people who have applied. City Manager Cheney noted that they were talking about num- bers of positions (not talking about black or white) as someone cannot work as a policeman if money is not authorized for that position. Mr. Stokes did not feel that money should be allocated for more men on the Police Department to go into certain areas, when men from that neighborhood could be obtained who are qualified. Wilda Searcy, 402 N.E. 13th Avenue, stated that she did have Comments about the budget and requested time to speak. She was asking if they were going to get their sidewalks on the northeast side. These are needed for the children to walk Safely to school. She asked if the sidewalks would be pro- Vided as promised in the City's newspaper. She would take more steps to get them, if possible. Mayor Marchese requested that she do that. He noted that City Manager Cheney's office has spent much time with Mrs. Searcy regarding streets and sidewalks in certain areas. He stated that there are some areas where they cannot put sidewalks as there is not enough land to do so. As there were no other comments from the audience, the PUBLIC HEARING WAS CLOSED and Mayor Marchese asked if any of the Commissioners would like to comment or ask questions. Commissioner Olenik stated that since this was his first ~ime to go through this process he noted that this puts him in a very difficult situation. The City is attempting to provide services to the best of their ability for the resi- dents of Boynton Beach. He noted that there is a cost to do 40. When the Commissioners do not hear comments from the ditizens which tell them that they do not want a service, etc. they must make their own judgments and set their own -9- MINUTES - CITY COMMISSION BUDGET PUBLIC HEARING BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1988 priorities as they feel they best relate to the future of the City. He noted that the Commission meets twice a month and during the budget process two public hearings are held. This was the largest audience he had seen at budget hearings. Commissioner Olenik had gone through every line of the budget and the Commission had met in workshops at which he made some recommendations to the City Manager as to where he felt they should put the priorities and where things might have to wait for future years. The City Manager came back with some recommendations ($300,000) that he agreed could be deferred until the following year. After that Commissioner Olenik went through the budget again and came up with what he felt could be reduced. He submitted that to the City Manager for review and they would discuss these prior to the next meeting. He assured the citizens that there would be a millage increase this year, and also that it would be at a rate that he felt was absolutely the minimum that they need to move the City ahead into the 1988/89 year. He offered to discuss any aspect of the budget with anyone at anytime. Vice Mayor Hester stated that he did not think the citizens ~ant services decreased, but he did feel that there was ~till some fat which could come out of this budget. He hoped that some of this could be cut prior to the meeting on ~he 22nd. He wished to see the budget decreased as long as ~t did not decrease services. His decision would be based On what he felt was best for the City and its citizens. Commissioner Weiner stated that it was difficult for her to Sit in on one meeting and then be faced by a public budget hearing. She noted that taxes are the price you pay for Civilization. She was also aware that the community is made ~p of many retirees, young people, and 2 salary families. She reassured the people that she had no intention of voting for unreasonable, arbitrary tax increases. She felt that ~he Commission would do everything possible to preserve the services the people want if they are aware the people want ~hem, and do all they can to keep the tax rate down. ~EGAL City Manager Cheney explained that these two proposed Qrdinances contain some figures in them based on the budget ~s it stands at the present time. If the Commissioners wish 4o decrease the millage to another figure, they should indi- Cate what that figure is. They could choose to reserve any ~hanges until the 22nd and pass the proposed Ordinance as it ils at present. -10- MINUTES - CITY COMMISSION BUDGET PUBLIC HEARING BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1988 Commissioner Olenik stated that he was not prepared to deviate from the proposed millage at this point in time. Mayor Marchese explained that the millage can be downgraded on the 22nd. If they were to downgrade at this time, they cannot go back up on the 22nd. He felt it should be left as is and work to reduce it at the next public hearing. City Attorney Rea verified with the Finance Director that the figures contained in the two proposed Ordinances were Correct. A. Ordinance 1st Reading 1. Proposed Ordinance No. 88-44 RE: Adopting the Aggregate Millage Rate for 1988/89 Fiscal Year City Attorney Rea read Proposed Ordinance No. 88-44 on first reading in its entirety. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, STATING THE AGGREGATE MILLAGE RATE TO BE LEVIED AGAINST PROPERTY OWNERS WITHIN THE CITY FOR THE 1988-1989 FISCAL YEAR; PROVIDING THAT THE CITY MANAGER SHALL HAVE THE AUTHORITY TO ADJUST THE AGGREGATE MILLAGE RATE UPON RECEIPT OF THE FINAL TAX ROLL; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. The Proposed Tentative Aggregate Millage Rate for the ~988-1989 Fiscal Year was set at 8.8411 (8.2822 for the General Fund, .0589 for the Publicity Fund and .5000 for the Capital Improvement Fund), plus .5848 for Voted Debt Service ~or a total Proposed Tentative Millage Levy of 9.4259 for ~he 1988/1989 Fiscal Year. Commissioner Olenik moved to approve proposed Ordinance No. 88-44. on first reading. Motion was seconded by Vice Mayor Rester. CDmmissioner Olenik asked when the City would receive the fiinal tax rolls from the County. City Manager Cheney rieplied they would be received in late October or November. Hie continued that if there is a minimal change (3 percent mbre,, or 3 percent less), the State law says you adjust the milllage to keep the same dollars you were going to get. BEtty Boroni, City Clerk, took a roll call vote as follows: -11- MINUTES - CITY COMMISSION BUDGET PUBLIC HEARING BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1988 Vice Mayor Hester - Aye Commissioner Olenik - Aye Commissioner Weiner - Aye Mayor Marchese - Aye Motion carried 4-0. 2. Proposed Ordinance No. 88-45 RE: Adopting the Budget for 1988/89 Fiscal Year City Attorney Rea read Proposed Ordinance No. 88-45 on 1st Reading in its entirety. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1988, AND ENDING SEPTEMBER 30, 1989; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. The sum of $25,119,958 was appropriated to the General Fund for the payment of operating expenses and necessary capital outlays for the City Government pursuant to the terms of the budget. The sum of $828,520 was appropriated to the ~nterest and sinking fund for general debt service for the purpose of paying the interest, principal and reserve due on the general obligation bonds of the City not subject to stat- utory exemptions and for redeeming such bonds as they mature. The Sum of $83,890 was appropriated for the publicity and Advertising Fund for the payment of operating expenses pursuant to the terms of the budget. Vice Mayor Hester moved to approve Proposed Ordinance No. 88-45 on 1st reading. Motion was seconded by Commissioner 01enik and a roll call vote taken as follows: Commissioner Olenik - Aye Commissioner Weiner - Aye Mayor Marchese - Aye Vice Mayor Hester - Aye Motion carried 4-0. ADJOURNMENT AS there was no further business, the meeting properly adjourned at 8:40 P. M. -12- MINUTES - CITY COMMISSION BUDGET PUBLIC HEARING BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1988 ATTEST: City C~ Recording Secretary (Two Tapes) CITY OF BOYI~TON BEACH ~~--.~ ~.~- C~o~i~s~-6ner ~ ~Co~mmi~ ~n e r Commissioner -13-