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06-20-1988 - Regular " o 0 CITY COUNCIL OF EDGEWATER REGULAR MEETING JUNE 20, 1988 MINUTES CALL TO ORDER Mayor Baugh called the meeting to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor Earl Baugh Councilman Louis Rotundo Councilman Russell Prater Councilman Neil Asting Councilman David Mitchum Present Present Present Present Present City Attorney Jose'Alvarez Interim City Manager Dennis Kelly Acting City Clerk Susan Wadsworth Chief Lawrence Schumaker Present Present Present Present INVOCATION, SALUTE TO THE FLAG Reverend Roger Miracle, Friendship Baptist Church, delivered the invocation. There was a salute to the Flag. APPROVAL OF MINUTES Regular Meeting of June 6, 1988 - Councilman Asting moved they adopt the minutes. Councilman Prater seconded the motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Rotundo moved they pay these bills. Councilman Prater seconded the motion. Motion CARRIED 5-0. MISCELLANEOUS Mary Hansen, representing Larry McCaskill, stated she'd delivered a letter regarding the wellfield agreement and has spoken with the City Manager and City Attorney and requests this be on the agenda for the 29th meeting to get the matter resolved. Mr. Kelly indicated that would be no problem. John Siburn, Connecticut Avenue, expressed appreciation for the Police Department and asked when they'll get a new Police station. Mayor Baugh noted it's later on the agenda. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - There were no City Council reports brought up at this time. City Attorney Reports - City Attorney Alvarez asked that the Caldwell litigation under Unfinished Business be brought up to this point on the agenda since Attorney Allen Watts was present. There were no objections from Council. He then suggested they hear from Robert Garthwaite. Robert Garthwaite, 10 Lee Drive, asked if they have a plan and Attorney Watts replied no. Mr. Garthwaite then referred to item B. on page 3 regarding the limiting to four conditions for consideration of approval by the City Council. Attorney Watts explained the Planning staff or consulting engineer may offer the usual technical comments associated with any site plan but these are what Council must consider when the plan is submitted. Mr. Garthwaite then reviewed the language in B.l. of page 3 regarding the 125 feet depth for lots with 45 foot buffer with a 20 foot utility easement as part of the rear yard and 25 foot natural vegetation. He asked if the 25 feet is part of the 125 feet depth. City Attorney Alvarez replied he understood it that way and Attorney Watts agreed that's correct. There was further discussion of the dimensions and Mayor Baugh noted that it would be 150 feet lots and Attorney Watts agreed. Mr. Garthwaite then read B.3. which stated that one and two family dwellings as permitted by the R-2 zoning district. He pointed out that R-2 is all single family. Attorney Watts agreed they could strike out the words "as permitted by the R-2 zoning district." at the end of B.3, page 3. City Attorney Alvarez also agreed. Mr. Garthwaite asked if they'd get pro- gressively denser as they move South and Attorney Watts replied yes, in an effort to protect Silver Ridge. o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Attorney Reports - Caldwell litigation (Continued) Attorney Watts displayed a sketch with the areas in various colors identifying the density. City Attorney Alvarez explained there are a few items in the language not resolved in the conditions but the legal aspects he and Attorney Watts can work out plus changes delineated at this meeting. He requested authorization from Council to proceed to go before the Federal District Judge and answer this stipulation on the basis of what's before them plus changes at this meeting and a couple of pre-order technical language words they need to address. Mayor Baugh asked if it would come back to Council before going to court. Attorney Watts noted they're under court orders to have it by July 5th. City Attorney Alvarez said he didn't anticipate it coming back to Council and wanted Council and Silver Ridge residents to see the conditions. Mayor Baugh asked Mr. Garthwaite if he's satisfied and Mr. Garthwaite replied his questions have been answered. Councilman Rotundo moved to accept this with the changes on page 3, paragraph 6, and to allow the Attorney to proceed. Councilman Mitchum seconded the motion. Motion CARRIED 4-0. Mayor Baugh abstained from voting because he lives in Silver Ridge. City Attorney Reports - City Attorney Alvarez stated there may be counter claims filed against the developer regarding the recreational impact fee litigation. He said this is a highly technical type of litigation and they have a very defensible legal position but they must rely on specialized con- sultants. He asked Council authorization, with the agreement of the City Manager, to retain the necessary technical assistance. Councilman Mitchum moved they grant him the request. Councilman Prater seconded the motion. Motion CARRIED 5-0. Interim City Manager Reports - Bike path - Indian River Boulevard - Mr. Kelly read his June 14th memo. There was lengthy discussion regarding the location on the North or South side or median. Councilman Rotundo pointed out that the Bike Path Committee had originally suggested the South side but after the Department Head comments that there are fire hydrants and utilities on that side, they decided to go with the North side. Councilman Asting questioned why they couldn't use the median. Mr. Kelly explained that DOT Standards do not recommend the median. He suggested for study purposes they extend it to Riverside Drive. Councilman Mitchum referred to the previous controversy regarding the mowing of the grass in the median due to safety and liability and the City's being self-insured. Mr. Kelly suggested they get the response back from DOT, refer it to the Parks and Recreation Board to thoroughly analyze it and work out potential impacts and alternatives, and let them get a report back to Council. Councilman Asting asked the width of the median. Mr. Kelly replied the engineer can do it with a study and see what property will have to be taken or acquired. Mayor Baugh asked the status with Magnuson and City Attorney Alvarez replied they'd like to have the location issue settled as soon as possible as they're ready to begin negotiations. He added that the original site was the South side and Mayor Baugh agreed. Councilman Asting suggested the engineers could do some preliminary work such as the width of the median, and problems there would be along the North or South side of the median. Mayor Baugh asked if his motion is to allow the engineer to proceed to get a preliminary report. Councilman Asting replied yes. Mr. Kelly asked what they would report on. Councilman Asting replied detailed information on the Boulevard with problems on the North or South sides and median width and feasibility of using the median. Councilman Prater seconded the motion. Councilman Mitchum suggested they get the insurance settled before they get a feasibility study. Mayor Baugh agreed. Councilman Mitchum pointed out all the preliminary work was geared to the South side and they're close to having an agreement with Magnuson. Councilman Asting asked the width of the bike path. Councilman Rotundo replied 5 feet wide with 2 feet between the road and sidewalk. City Attorney Alvarez pointed out the South side is the least amount of dislocation of private property where Magnuson still owns the property and that was the main criteria. -2- Council Regular Meeting Minutes June 20, 1988 ~ o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Interim City Manager Reports - Bike Path - Indian River Boulevard (Cont'd) James Braddock, Banyon Tree, stated the median is being used by 8 different directions of traffic and it makes no sense to consider the center. Mayor Baugh asked if they want to amend it to make it on the South side for the engineering report to come back. Councilman Mitchum amended the motion to encompass the South side. Councilman Asting stated his motion was also to consider the North side and median and let Parks and Recreation Board or the Bike Path Committee decide which is best. Councilman Mitchum stated he's opposed to the median and doesn't feel they should spend money on engineering studies until they hear from DOT. Councilman Asting questioned if City employees could do the work. Councilman Rotundo seconded the amended motion. Amended motion CARRIED 4-1. Councilman Asting voted NO. Original motion to allow the engineer to proceed CARRIED 5-0. Interim City Manager Reports - Edgewater Elementary School - road through ball park - Mr. Kelly read his June 8, 1988, memo. Tom Sheridan, Florida Shores, asked why taxpayers have to pay twice as the facility is owned by the School Board and they pay school taxes also. He noted that relocating onto City property could allow it to come out of the recreation impact fee fund. He suggested Public Works do the work at Whistle Stop Park or at Park Avenue as they both need minimim leveling and little fill. Mel Wargo, Pines Edge Court, stated he thought force accounting was only to be used for highway or bridge work, and they're putting a road on private property. He suggested they look for another location as the School Board will want their property soon with all the growth. Mr. Kelly explained the current sighting of another elementary school and that it would be about 3 years away, plus probability of a middle school in 5 to 7 years. Mayor Baugh asked Carl Overstreet, Public Works Superintendent, the cost to move the road. Mr. Overstreet replied about 5 working days with 5 pieces of equipment plus materials. Mayor Baugh asked if he can use the materials there now and Mr. Overstreet replied they can probably reclaim part of it and will use new shell for the new part of the road. Mr. Kelly said they don't expect it to exceed $10,000. Councilman Asting moved they accept the City Manager's recommendation in this matter. Councilman Rotundo seconded the motion. Councilman Mitchum pointed out they don't have a guarantee to use it for 5 years and the $10,000 could be used to develop on Roberts Road which the City owns. Mayor Baugh asked David Garrett, Recreation Director/Buildings & Grounds Maintenance Super- intendent, how long he anticipates uSlng it and Mr. Garrett replied about 3 or 4 years. Councilman Mitchum asked if this is the last money they have to spend on it or will they keep spending. Tom Sheridan, from the audience, stated it's 3 to 5 years of maintenance. Motion CARRIED 3-2. Councilmen Mitchum and Prater voted NO. Interim City Manager Reports - Police station design and construction bids - Mr. Kelly read his June 14, 1988, memo recommending the bid of $95,000 be awarded to She ban Enterprises with a transfer of $10,000 from the Fire Department budget for land acquisition to the Police Department, and a follow up for next year's budget of $10,000 being reinstated in the Fire budget. Mayor Baugh asked for clarification of the bids and Mr. Kelly explained some were just for design and not for construction. Councilman Mitchum moved they go with the City Manager's proposal and award the bid to Sheban. Councilman Asting seconded the motion. John Siburn, from the audience, asked the total cost and Mayor Baugh replied $95,000. Mr. Siburn noted they could build a new station for little more than that. Chief Schumaker explained that it covers exteriors, repaving and striping the parking lot, among others, and a new building would be about $175,000. Motion CARRIED 5-0. -3- Council Regular Meeting Minutes June 20, 1988 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - Interim City Manager Reports - Bid recommendation on repainting and rehab- ilitation of elevated water storage tanks - Mr. Kelly read his June 14, 1988, memo endorsing Utilities Superintendent Terry Wadsworth's recommendation to award the bid of $88,550 to Frank Shelton, Inc. Councilman Asting moved to grant the recommendation. Councilman Prater seconded the motion. Motion CARRIED 5-0. Interim City Manager Reports - Newsletter Proposals - Mr. Kelly read his June 14, 1988, memo which requested Council direction on this matter. Councilman Rotundo pointed out that $20,000 was budgeted but that doesn't include postage and staff to get it prepared and ready for printing. Mayor Baugh stated it was originally set up to get information to the citizens because some don't attend meetings. Councilman Rotundo moved that they deny this request for a newsletter. Councilman Prater seconded the motion. Mayor Baugh asked for clarification of the motion. Councilman Prater withdrew his second for restating of the motion. Councilman Rotundo stated his motion is to do away with the news- letter proposals. Councilman Prater seconded the motion. Motion CARRIED 3-2. Councilman Asting and Mayor Baugh voted NO. Interim City Manager Reports - Parks and Recreation van - Mr. Kelly read his June 14, 1988, memo regarding the request to purchase a maintenance van for $8,115 under State bid, with an amount budgeted of $9,168 and no options requested. Councilman Asting moved they grant the request. Councilman Rotundo seconded the motion. Councilman Mitchum asked Mr. Garrett, Recreation Director/ Buildings & Grounds Maintenance Superintendent, if the rustproofing is part of the package deal or an extra cost. Mr. Garrett replied that's standard. Councilman Mitchum asked if it's State bid and Mr. Garrett replied yes. Tom Sheridan, from the audience, asked what funds are being used and Mayor Baugh replied it was budgeted for the general fund. There was discussion about the separation between the recreational impact fees and the general fund. Motion CARRIED 5-0. Interim City Manager Reports - Negotiator for collective bargaining agreement updates - Mr. Kelly read his June 14, 1988, memo, and recommended a fourth alternative that this be referred to the Screening Committee for their recommendation to come back for the June 29th meeting. He suggested they call a special meeting and added that the Chairman has agreed to this if Council opts for that alternative. Councilman Prater moved to accept his recommendation to go with item 4. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. Mayor Baugh called a 5-minute recess at 8:17 P.M. He called the meeting back to order at 8:25 P.M. Interim City Manager Reports - Proposed annexation policy - Mr. Kelly displayed two zoning maps for Council to review that showed the proposed study areas. He read his June 16, 1988 memo and explained in detail the proposed policy. Pending Annexation Petitions - Mr. Kelly pointed out this is interrelated to the proposed policy. He read his June 15, 1988, memo regarding this matter. Proposed Annexation Policy (Cont'd) - Mayor Baugh stated the recommendation is to refer it to the Land Development and Regulatory Agency. Councilman Mitchum moved they follow the recommendation. Councilman Asting seconded the motion. John Siburn, Connecticut Avenue, stated this is a sequel to an occurrence in New York and taxpayers had the increase. Mel Wargo, from the audience, asked if this is a public hearing on the ordinances. Mr. Kelly replied that it's to refer this. Motion CARRIED 5-0. -4- Council Regular Meeting Minutes June 20, 1988 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - Interim City Manager Reports - Pending Annexation Petitions (Cont'd) - Ordinances 88-0-2 through 88-0-7 Annexing five parcels (Tabled March 21, 1988) - Councilman Prater moved to remove it from the floor. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Mayor Baugh pointed out that Councilman Asting had made the motion to table. Councilmen Prater and Rotundo withdrew their motion and second. Councilman Asting moved that Ordinances 88-0-2 through 88-0-7 be taken off the table. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Mayor Baugh asked to move these Ordinances up to this point on the agenda There were no objections from Council. Ordinance 88-0-2 - Councilman Rotundo moved they accept this. Councilman Prater seconded the motion. Motion CARRIED 5-0. Ordinance 88-0-3 - Councilman Mitchum moved they adopt 88-0-3. Councilman Asting seconded the motion. Motion CARRIED 5-0. Ordinance 88-0-4- Councilman Prater moved they adopt Ordinance 88-0-4. Councilman Rotundo seconded the motion. Mary Hansen, 926 South Ridgewood, representing Constable, stated there was a problem with the legal description. (She came forward to make the corrections later, which changes were initialed by City Attorney Alvarez). She stated she wanted it included in the amendment to the Comprehensive Plan. James Braddock, from the audience, asked if these parcels have sewer mains in place. Mrs. Hansen replied that on her ordinance, they do. Mayor Baugh agreed. Motion to adopt 88-0-4 CARRIED 5-0. ord. 88-0-5 - Councilman Mitchum moved they adopt 88-0-5. Councilman Asting seconded the motion. Motion CARRIED 5-0. Ord. 88-0-6- Attorney Allen Watts stated he's representing American Pioneer if there are any questions. Councilman Mitchum moved they adopt 88-0-6. Councilman Prater seconded the motion. Motion CARRIED 5-0. Ord. 88-0-7 - Councilman Prater moved they adopt Ordinance 88-0-7. Councilman Asting seconded the motion. Motion CARRIED 5-0. Marie Nichols, Flagler Avenue, asked if the parcels just annexed meet the criteria recommended by the City Manager. Mayor Baugh replied yes. Ms. Nichols asked if they have to furnish sewer services to these properties. Mr. Kelly replied they don't have to provide water and sewer to an annexation petition, but you check the feasibility and that's one of the criteria. Ms. Nichols then asked about the rezoning and laws regarding it. City Attorney Alvarez explained the former criteria for rezoning annexed land and the current requirements. He reviewed the procedure for amending the Compre- hensive Plan. Ms. Nichols commented on the lack of sewer for Florida Shores and its being included in a shopping center and other commercial properties. Screening Committee's recommendation to appoint three (3) members to Merit Board - Tom Sheridan, Chairman, read his June 9, 1988, memo which recommended the appointments of Russell Gold, Keith Denton, and Harry Jones to the Merit Board for three year terms. Councilman Prater moved to accept their recommendations on all three. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. COMMUNICATIONS There were no communications for this meeting. -5- Council Regular Meeting Minutes June 20, 988 . . o o ORDINANCES AND RESOLUTIONS Res. 88-R-30 Approving Interlocal Agreement for Distribution of Local Option Gas Tax - City Attorney Alvarez read this Resolution. RES. 88-R-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT FOR DISTRIBUTION OF PROCEEDS OF LOCAL OPTION GAS TAX; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Prater moved they adopt Resolution 88-R-30. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Res. 88-R-3l Requesting State approval of development of Veteran's Memorial Park, including disclaimer to confirm title and waiver of fees - City Attorney Alvarez read this Resolution. RES. 88-R-3l - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, DECLARING ITS INTENT TO REQUEST THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND TO APPROVE DEVELOPMENT OF A PARK AREA FOR USE BY THE PUBLIC FOR RECRE- ATIONAL AND/OR PARK PURPOSES; REQUESTING A DISCLAIMER TO CONFIRM TITLE TO FILLED FORMERLY SOVEREIGNTY LANDS; REQUESTING A WAIVER OF ALL FEES PER- TAINING TO THIS APPROVAL; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting moved to adopt this Resolution. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. Res. 88-R-32 Appointing three (3) members to Merit Board - City Attorney Alvarez read this Resolution. City Attorney Alvarez read this Resolution. RES. 88-R-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING THREE (3) MEMBERS TO THE MERIT BOARD OF THE CITY OF EDGEWATER; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR POWERS, DUTIES, AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. He inserted the names of Russell Gold, Keith Denton, and Harry Jones for terms to end June 7, 1991. Councilman Prater moved they adopt Resolution 88-R-32. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. UNFINISHED BUSINESS Ordinances 88-0-2 through 88-0-7 Annexing five (5) parcels (Tabled March 21, 1988) - This was acted upon earlier on the agenda (See page 5 of minutes). Caldwell Litigation - This was acted upon earlier on the agenda. (See pages 1 and 2 of minutes). ADJOURN Mayor Baugh requested a motion to adjourn. Councilman Mitchum so moved. Councilman Prater seconded the motion. Meeting was adjourned at 9:15 P.M. Minutes submitted by: Lura Sue Koser ATTEST: ~x>-<<--~ J/-~~ ACTING CITY ~ RK Appr'ved this cf<, day of ,198~. c~~' COU lLMAN - ZONE FOUR ~ MAYOR -6- Council Regular Meeting Minutes June 20, 1988 " ,FORM 88 MEMO~DUM OF VOTING C '"'NFLlCT FOR COU"NTY, MUNICIPAL, ND OTHER LOCAL P't(BLIC OFFICERS LAST NAME-FIRST NAME-MIDDL.E NAME NAME OF BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE Baugh Earl D. City Council-City of Edaewater MAiliNG f\DDRESS THE BOARD. COUNCIL.. COMMISSION. AUTHORITY. OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: 117 Silver Circle X e1IY : ! COUNTY , .! Or-HER I.OCAL AGENCY CITY COUNTY NAME 01' POLITICAL. SUBDIVISION: Edgewater, Florida Volusia DATE ON WHICH yon: OCCURRED MY POSITION IS: June 20, 1988 iX ELECTIVE 'J APPOINTIVE WHO MUST FILE FORM 88 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 undcr 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 disclosure 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 112.3143. FLORIDA STATUTES ELECTED OFFICERS: A person holding elective 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. 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 compleLing 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 appointive county, municipal. or other local public office MUST ABSTAIN from voting on a measure which inures 10 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 may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict bcfore 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 allempt to influence the decision) with the person responsible for recording the minutes of the mecting, who will incorporate the form in the minutes. · A copy of the form should 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. ( I If IK\I ~Il Itl'~h PAGE I .J-- ._~ o o IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the nature of your connict 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 I, Earl D. Baugh , hereby disclose that on June 20, ,19~: (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 , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: ~ A~~' :,. ~, 6r~ 'Yo r&-S: V6~ "'\ J{ rV-Clf~~ ~ -6Lr~~~~~ ~ \,.. \ 11<- \.J..J - ,~'w-. 7.-c;.o ~"'M Date Filed l..-\ f'1<i~ I Go -= Ifi:+- Signature J- NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~1l2.317 (1985), A FAIWRE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y 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 88 . 10.86 PAGE 2