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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