HomeMy WebLinkAboutMinutes Council 090795CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
SEPTEMBER 7, 1995
The Regular Meeting of the City Council of the City
of Palm Beach Gardens, Florida, was called to order by
Mayor Russo at 7:30 P.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 City Clerk called the roll and present were Mayor
Russo, Vice Mayor Furtado, Councilwoman Monroe, and
Councilman Jablin and Councilman Clark.
ANNOUNCEMENTS Mayor Russo stated the announcements were as posted on
the City's bulletin boards.
Mayor Russo announced that the City Council would go
into closed session to consider a legal matter, and
that upon their return the agenda would be reordered
so that Ordinance 19, 1995 would be the first item
considered since many residents had come to discuss
that Ordinance.
Mayor Russo announced that George DeGuardolia would
speak before the City Council went into the closed
session. Mr. DeGuardolia, representative for the
developer of the Abacoa project, announced that
differences had been worked out with the Frenchman's
Creek Homeowners Association and thanked all of the
Palm Beach Gardens people who had been involved. Mr.
CITY COUNCIL REGULAR MEETING, 9/7/95 PAGE 2
DeGuardolia stressed that his organization was
committed to the delivery of Donald Ross bridge
improvements and infrastructure which had been
proposed.
CLOSED SESSION The City Council, City Manager and City Attorney then
went in to closed session anticipated to last
approximately 15 minutes. After the closed
session, the City Council reconvened.
At 7:55, Mayor Russo reconvened the Regular Meeting.
REORDER AGENDA Councilman Jablin made a motion to reorder the agenda
to consider Ordinance 19, 1995 at this time. Motion
was seconded by Vice Mayor Furtado and unanimously
carried.
PUBLIC HEARING:
ORDINANCE 19, 1995 Mayor Russo declared the Public Hearing open, which
was duly advertised 8/23/95 and held on the intent of
Ordinance 19, 1995, Amending Chapter 159, Section
159.111 (E)(2)(c) and (d) of the Code extending the
required compliance date for storage of boats and
recreational vehicles. Planning and Zoning Director
Walton explained that a one year period had been
allowed for compliance with the Land Development
Regulation and that an additional one year period
would be granted under Ordinance 19, 1995.
TOM HEIDEMAN Tom Heideman, 9858 Daphne, explained the changes he
CITY COUNCIL REGULAR MEETING, 9/7/95 PAGE 3
had made on his lot to accommodate his motor home, and
stated that he was in support of the one -year
extension but was not in favor of the previously
Ordinance be enforced in that area and the one -year
adopted ordinance.
MILDRED LYNN
Mildred Lynn, Daphne Avenue, was in favor of the one
year extension but was not in favor of the previously
adopted ordinance.
MARILYN BRETT
Marilyn Brett, 3931 Dogwood Avenue, was in favor of
the one year extension but was not in favor of the
previously adopted ordinance.
JOHN DEMEDICO
John DeMedico, 8144 Schwabs Way, Horseshoe Acres, was
in favor of the one year extension but objected to the
previously adopted ordinance.
DAVID PANNOZO
David Pannzo, 580 crocus Court, was in favor of the
one year extension and suggested that the previously
adopted ordinance could be changed to allow
grandfathering of existing RVs and boats.
BILLY MILLER
Mr. Miller stated his feelings were the same as those
previously stated.
STANLEY ELLIS
Mr.Ellis, Larch Avenue, explained that his lot carried
a deed restriction against parking boats and he had
remodeled his home to make one bedroom into a garage
area for his boat.
CAROL ELLIS
Ms. Ellis, Larch Avenue, requested that the existing
Ordinance be enforced in that area and the one -year
CITY COUNCIL REGULAR MEETING, 9/7/95
PAGE 4
extension not granted, and proposed that consideration
for the one year extension be determined area by area
rather than as a blanket extension for the whole City.
After discussion, it was the consensus of the City
Council that a workshop would be held to discuss the
existing Ordinance after which a task force would be
appointed. Residents were asked to leave their name
and address so that they could be personally notified
of that meeting.
SUE WILLIAMS Ms. Williams was in favor of implementing the existing
Ordinance right away.
LOU DAGNEY Mr. Dagney, 8766 Nashua Drive, Horseshoe Acres, was in
favor of the one year extension.
There being no further comments from the public, Mayor
Russo declared the Public Hearing closed.
Councilwoman Monroe made a motion to approve Ordinance
19, 1995, and to place on second reading by title
only. Motion was seconded by Councilman Clark and
unanimously carried. The City Clerk read Ordinance
19, 1995 by title only.
AWARDING OF
BIDS:
POOL BLANKET City Manager Herakovich explained that a group of residents
had raised $11,800 toward this project and that staff
recommended acceptance of the only bid received for the pool
blanket, advertised 7/23/95, which was from Commercial Energy
CITY COUNCIL REGULAR MEETING, 9/7/95
Specialists, Inc., for $10,988. Motion was made by
Councilwoman Monroe to approve the staff recommendation.
Motion was seconded by Councilman Clark and unanimously
carried.
WATER SOURCE
HEAT PUMPS Staff recommended approval of the low bid of $31,012.70 from
Hydro - Thermal Systems, Inc. of Palm City, Florida, for water
source heat pumps to heat the municipal pool, advertised
7/23/95. The City Manager explained that funds had been
budgeted except for $133.18, which could be transferred from
the Office Equipment account. Motion was made by Councilwoman
Monroe to approve staff's recommendation. Motion was seconded
by Vice Mayor Furtado and unanimously carried.
IRRIGATION
PUMP Staff recommendation was to accept the only bid for rebuilding
the irrigation Pump at Garden Park, advertised 7/30/95, which
was from Midland Engineering Service in the amount of $10,400.
Councilwoman Monroe made a motion to accept the staff
recommendation. Motion was seconded by Councilman Clark and
unanimously carried.
PRESSBOX City Manager Herakovich recommended that the single bid
received to rebuild the pressbox at Plant Drive Park,
advertised 7/30/95, from R. H. Prichard for $17,209, be
rejected and that an alternative design be developed which
would not be so expensive. Councilman Clark made a motion to
approve the staff recommendation. Motion was seconded by
CITY COUNCIL REGULAR MEETING, 9/7/95
Councilman Jablin and unanimously carried.
ITEMS BY MAYOR AND
CITY COUNCIL:
VICE MAYOR FURTADO
Vice Mayor Furtado expressed concern that purchasers
of homes in the M/I Homes project had complained of
difficulties with the developer as to homes not being
completed on schedule. The Mayor explained that the
problem was not one that involved the City, however
Staff was directed to contact the developer to make
him aware of the complaints. In response to Vice
Mayor Furtado, the City Manager explained that the PGA
Landscaping west of Military Trail had been completed
and that a design had been submitted for a grant
request from Beautiful Palm Beaches for those areas
that still needed landscaping. Vice Mayor Furtado
commented that fertilizer was no longer necessary with
the use of mulching mowers; was updated by the City
Manager regarding correspondence to concerned
residents regarding the plan for The Oaks park, and
questioned the status of the portables. The City
Manager responded that the portables were scheduled
for delivery the end of September and that staff was
currently working on assignment of space in the
portables and the redesign of City Hall to allow the
Police Department to move upstairs, and that the move
CITY COUNCIL REGULAR MEETING, 9/7/95 PAGE 7
would be accomplished by the end of the year.
COUNCILWOMAN MONROE
Councilwoman Monroe commented that grass in the
medians on PGA was not doing well. Councilwoman
Monroe announced that the half -day Planning Forum
followup meeting at the Marriott had been changed to
Monday, October 30.
COUNCILMAN JABLIN
Councilman Jablin agreed that the landscaping on PGA
needed improvement.
COUNCILMAN CLARK
Councilman Clark also agreed regarding the PGA
Boulevard landscaping, however, commented that at this
time of year landscaping did not always look its best.
MAYOR RUSSO
Mayor Russo reported that Commissioner Marcus had
agreed that she and Jody Gleason would make a
presentation regarding the school concurrency and
sales tax issue. Mayor Russo reported that a joint
meeting between the Town of Jupiter, Tequesta, and the
School Board would be held September 18 regarding this
issue. Councilman Jablin reported that the Education
Advisory Committee would also consider this issue and
make a recommendation to the City Council. Mayor
Russo requested that the options for municipal
facilities be scheduled for the budget workshop
September 28. Mayor Russo announced that the City's
dance program instructor had gone into private dance
instruction. The City Manager reported that the City
CITY COUNCIL REGULAR MEETING, 9/7/95
COMMENTS FROM THE
PAGE 8
had hired the former instructor's daughter as a
replacement; however, because of their allegiance to
the former instructor, many of the students had
withdrawn from the City program to stay with her, so
that the required minimum number of students per class
were not available, and, therefore, the number of
classes had been reduced.
PUBLIC:
SUE WILLIAMS Mayor Russo reported that Ms. Williams had left, and
read from her comment card that she wanted enforcement
of the ordinance requiring trash being placed out only
on the night before pickup and also of the ordinance
requiring garbage to be kept behind the front line of
the house. Mayor Russo requested a report from Public
Works regarding the quality of trash pickup.
CONSENT AGENDA Vice Mayor Furtado requested that the Regular Meeting
Minutes of 8/3/95 be pulled for correction.
Councilman Clark made a motion to approve the Consent
Agenda as amended. Motion was seconded by Councilman
Jablin and unanimously carried. The following items
were approved on the Consent Agenda:
1. Approval of City Council 8/17/95 Regular
Meeting Minutes.
2. Proclaiming 9/17 -23/95 as "Constitution Week ".
3. Proclaiming the month of September "Sickle
CITY COUNCIL REGULAR MEETING, 9/7/95
Cell Awareness Month ".
PAGE 9
4. Resolution 68, 1995 - Consideration of
Approval for Landscape Variance - 2400 PGA
Boulevard, southwest corner of Kidd Lane.
5. Resolution 92, 1995 - Consideration of
Approval of Replat of Monterey Pointe.
Vice Mayor Furtado requested that on page 4 of the
minutes of the Regular Meeting of 8/3/95 "Holly Drive
project" be replaced with "Abacoa project ".
Councilwoman Monroe made a motion to approve the City
Council 8/3/95 Regular Meeting Minutes as amended.
Motion was seconded by Councilman Jablin and
unanimously carried.
RESOLUTIONS:
RESOLUTION 89, 1995 Jim Brindell explained the changes requested in
materials and colors of the buildings at the Medical
Mall parcel and provided samples for consideration by
the City Council. Mr. Brindell also explained the
requested minor amendments to the elevations of the
nursing home at the Regional Center PCD. Discussion
included a suggestion that the granite proposed for
the buildings should have a hue that would compliment
the surrounding buildings rather than a contrast so
stark that it would appear beige. Motion was made by
Councilman Clark to approve Resolution 89, 1995.
CITY COUNCIL REGULAR MEETING, 9/7/95
nrry In
Motion was seconded by Vice Mayor Furtado and
unanimously carried.
RESOLUTION 90, 1995 Planning and Zoning Director Walton reviewed the staff
report dated August 31, 1995 for Parcel 6B of the
Ballenlsles PCD, which contained eight conditions of
approval. Henry Skokowski, agent for the Petitioner,
explained that a waiver was requested for parking
based on the number of bedrooms, addressed parking
problems, and commented on the additional width of the
main roadway designed to provide guest parking. Mr.
Skokowski discussed the landscape buffer between this
parcel and Gardens Glen, and explained the compromise
that had been reached with the residents.
Councilwoman Monroe verified that the buffer hedge
would be installed and maintained at four feet.
Councilman Clark made a motion to approve Resolution
90, 1995. Motion was seconded by Vice Mayor Furtado.
After discussion, motion carried unanimously.
RESOLUTION 91, 1995 Planning and Zoning Director Walton reviewed the staff
report dated August 31, 1995 for Parcel 25A of the
BallenIsles PCD, and described the compromise that had
been reached with Gardens Glen residents to reduce the
hedge from six to four feet. Henry Skokowski, agent
for the Petitioner, also explained discussions with
the Gardens Glen residents and the compromise reached.
CITY COUNCIL REGULAR MEETING, 9/7/95
PAGE 11
After further discussion, motion was made by Vice
Mayor Furtado to approve Resolution 91, 1995. Motion
was seconded by Councilman Jablin and unanimously
carried.
PUBLIC HEARINGS:
ORDINANCE 7, 1995 Mayor Russo declared the Public Hearing open, which
was duly advertised 8/23/95 and held on the intent of
Ordinance 7, 1995, Amending Chapter 159, entitled
"Zoning Regulations" of the Code of Ordinances to
create Section 159.087 entitled " Newsracks" for
consideration of Second Reading and Adoption.
CHRIS SIMON Ms. Simon, Attorney for the Palm Beach Post, objected
to the $10 fee per rack per year, and with bolting
down newsracks as the only alternative for safety
during a hurricane. After extensive discussion, the
following change to Section 159.087(9)(E) was read
into the record by the City Attorney: All newsracks
which are not secured to the satisfaction of the City
Building Official in accordance with the Standard
Building Code shall be subject to removal by the
owners thereof. If the newsrack is determined by the
City Building Official to be potentially unsafe and is
not removed by the owner, the City may remove said
newsrack pursuant to this Section. Mayor Russo
declared the Public Hearing closed. Councilwoman
Monroe made a motion to place Ordinance 7, 1995 on
CITY COUNCIL REGULAR MEETING, 9/7/95
PAGE 12
second reading by title only, as amended. Motion was
seconded by Councilman Clark and unanimously carried.
The City Clerk read Ordinance 7, 1995 on Second
Reading by title only.
ORDINANCE 13, 1995 Mayor Russo declared the Public Hearing open, which
was duly advertised 8/23/95 and held on the intent of
Ordinance 13, 1995, Amending Chapter 159, entitled
"Zoning Regulations" of the Code of Ordinances to
create Section 159.088 entitled "Communication
Towers "; amending Chapter 162 entitled "Definitions".
RAYMOND ROYCE Attorney Royce explained that the location proposed by
his client was the most remote site possible which
would allow transmission of proper radio signals.
Attorney Royce expressed concern that criteria in the
proposed ordinance was too strict for practical
application and suggested language additions or
modifications. After discussion, motion was made by
Councilwoman Monroe to recess the Public Hearing for
Ordinance 13, 1995 until September 21, 1995. Motion
was seconded by Councilman Clark and unanimously
carried.
ORDINANCE 18, 1995 City Attorney Baird explained that this Ordinance
contained an error in the zoning designations
resulting in the need for the City Council to cancel
this Public Hearing. Councilman Clark made a motion,
CITY COUNCIL REGULAR MEETING, 9/7/95
PAGE 13
second by Councilman Jablin to cancel this public
hearing motion unanimously passed.
ORDINANCE 20, 1995 Mayor Russo declared the Public Hearing open, which
was duly advertised 8/23/95 and held on the intent of
Ordinance 13, 1995, Amending Ordinance 18, 1994, same
being the budget ordinance of the City of Palm Beach
Gardens for the fiscal year beginning 10/1/94 and
ending 9/30/95, inclusive, for consideration of Second
Reading and Adoption. There being no comments from
the public, Mayor Russo declared the Public Hearing
closed. Councilwoman Monroe made a motion to place
Ordinance 20, 1995 on Second Reading by title only and
to adopt Ordinance 20, 1995. Motion was seconded by
Councilwoman Jablin and unanimously carried. The City
Clerk read Ordinance 20, 1995, on Second Reading, by
title only.
ORDINANCES FOR WORKSHOP:
ORDINANCE 22, 1995 City Manager Herakovich explained that in the past
developers had been required to provide surety to
ensure that all public and private improvements were
completed, and this Ordinance would amend that
requirement to apply to public improvements only.
After clarification by the City Attorney and further
discussion, it was the consensus of the City Council
to schedule this Ordinance for first reading.
ORDINANCE 25, 1995 Councilwoman Monroe requested the proper form from the
CITY COUNCIL REGULAR MEETING, 9/7/95
PAGE 14
City Clerk and stated that as a member of the
governing board of the hospital she would not be
participating in discussion of Ordinance 26, 1995,
Amending Ordinance 28, 1991, to clarify the existing
and proposed square footage calculations to the
Hospital, to construct a 13,000 square foot third
floor addition to the medical office building, to
construct a new 2,000 square foot meeting room and to
reconfigure the parking lot. At this time Councilwoman
Monroe left the council meeting for the remainder of
the evening. It was the consensus of the City Council
to hold the workshop on this ordinance later in the
meeting since it was also an agenda item for
consideration of first reading.
ORDINANCE 23, 1995 Councilman Clark made a motion to place Ordinance 23,
1995 on first reading by title only. Motion was
seconded by Vice Mayor Furtado and unanimously
carried. The City Clerk read on First Reading by
title only, Ordinance 23, 1995, Providing for an
Amendment to Chapter 150, Building Regulations of the
Code of Ordinances, incorporating by reference the
Standard Building Code of 1994; amending the building
permit fee schedule established in Section 150.03.
ORDINANCE 25, 1995 Councilman Clark made a motion to place Ordinance 25,
1995 on first reading by title only. Motion was
CITY COUNCIL REGULAR MEETING, 9/7/95
PAGE 15
seconded by Vice Mayor Furtado and unanimously
carried. The City Clerk read on First Reading by
title only, Ordinance 25, 1995, Amending Ordinance 7,
1994, by amending Chapter 33 of the Palm Beach Gardens
Code entitled "Police Department" amending Section
33.38G(3) and 33.38G(6) of the City Code; amending
Section 33.38H(1) and 33.38H(2); amending Section
33.38 by adding a paragraph (R) at the ending of the
Section.
ORDINANCE 26, 1995 Mayor Russo requested that the record reflect the
comments made by Councilwoman Monroe under Agenda Item
Ordinances for Workshop: Ordinance 26, 1995 when she
had requested the proper form from the City Clerk and
stated that as a member of the governing board of the
hospital she would not be participating in discussion
of Ordinance 26, 1995. After presentation by Ed
Oliver, agent for the petitioner, Mayor Russo
expressed concern with the proposed placement of a
three -story office building so close to Burns Road.
Councilman Clark made a motion to place Ordinance 26,
1995 on first reading by title only. Motion was
seconded by Councilman Jablin and unanimously carried.
The City Clerk read Ordinance 26, 1995 on first
reading by title only.
ORDINANCE 27, 1995 Councilman Clark made a motion to place Ordinance 27,
CITY COUNCIL REGULAR MEETING, 9/7/95
PAGE 16
1995, amending the Palm Beach Gardens Code to provide
for investment selection, on first reading by title
only. Motion was seconded by Councilman Vice Mayor
Furtado. After discussion, the motion unanimously
carried. The City Clerk read Ordinance 27, 1995 on
first reading by title only.
CITY MANAGER REPORT City Manager Herakovich requested direction regarding
possible changes to the current 28% open space
requirement for Northcorp PCD. Jeff Lis explained
that the tenant building proposed for Lots 6 and 7,
Southpark Center, required parking to support their
business which reduced the open space below the
required percentage, and requested a waiver from the
requirement which did not allow grass parking to count
toward the open space ratio. After discussion, it was
the consensus of the City Council that they were in
favor of granting the waiver for this particular site
in order to speed the location of new business to the
area and of directing staff to allow submittal of
application for 200 open space on this site; however,
the City Manager stated that Councilwoman Monroe was
not in favor of reducing the open space requirement in
a PCD.
City Manager Herakovich reported that an ice cream
social had been held for the staff to honor their
CITY COUNCIL REGULAR MEETING, 9/7/95
nA�a I�
voluntary United Fund contribution which was 35% above
the previous year.
The City Manager stated that the City had received a
Proclamation from the Governor in recognition of the
national open space and greenways program, which would
be presented on a future agenda.
CITY ATTORNEY City Attorney Baird reported on the status of current
law suits.
MR. GUAY Mr. Guay expressed concern with Home Depot's current
practice of unloading into a service aisle and using
the area as a storage yard for six to eight truckloads
of building materials. Mayor Russo stated that if
Home Depot was acting in violation of their agreement
with the City, then something could be done. Mr. Guay
proposed that loading and unloading be done in front
rather than in the rear of the Home Depot store.
Mayor Russo requested the Assistant City Manager to
provide a complete update for the next City Council
meeting.
ADJOURNMENT There being no further business to discuss, motion was
made by Councilman Clark, seconded by Councilman
Jablin, and unanimously approved to adjourn the
meeting at 11:30 P.M.
CITY COUNCIL REGULAR MEETING, 9/7/95
i
APPROVAL /
MA7 0R Jam/ RUSSO
VICE MAYOR LAUREN FURTADO
COUN N LINDA MONROE
COUNCILMAN ER BLIN
COUNCILMAN DAVID CLARK
ATTEST:
7
LINDA KOSIER, CMC, CITY CLERK
PAGE 18
FORM
COUNTY,
8B MEMORANDUM OF VOTING CONFLICT FOR
MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
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pYELE(TIVE O 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 112.3113, Florida Statutes.
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 ;he re-.erse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective ,:ounty. municipal, or other local public office MUST ABSTAI` from noting on a measure which inures
to his special pri%ate 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 Ahom he is retained.
In either case. you should disclose the conflict:
PRIOR TO THE VOTE BEItiG TAKEN by' publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from \oiine; 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 OFFICERS:
A person holding sppoinii%e county, municipal, or other local public office %1UST ABSTAIN from voting on a measure which
inures to his special pri,ate gain. Each local officer also is prohibited from knowingly %oting 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 may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE 'MEETING AT WHICH
THE VOTE WILL BE TAKEN:
• You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form ,hould be provided immediately to the 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.
(E f()R,A .H . - ii
?AGE .
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 IS 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
hereby disclose that on �3_m8- : 19
(a) A measure same or will come before my agency which (check one)
inured to my special private gain; or
'&:�-_—inured to the special gain of by whom I am retained.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
119-M /q /79 cCM436:
Date FBI el d —
gnature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND :MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
CE FORM NB • 1.91 PAGE