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11-12-1996 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 12, 1996 · A regular meeting of the City Council of the City of Clermont was held Tuesday, November 12, 1996 in the Council Chambers at the Police Department. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members present: Mayor Pro Tem Norquist, Council Member Dupee, Council Member Sargent, and Council Member Cole. Other.City officials present were City Manager Saunders, Finance Director Van Zile, Plannihg Director Harker and Deputy City Clerk Whitlock. INVOCATION The Invocation was offered by Mayor Pro Tem Norquist followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINtrrES The minutes of the Regular Council Meeting held October 22, the Special Council Meeting held May 21 and Workshop meetings held May 21, June 27, and July 10, 1996 were approved as presented. DECLARATION OF UNOPPOSED AND NEWLY ELECTED COUNCIL MEMBERS & OATH OF OFFICE Mayor Pool declared that Seat gl and #3 were unopposed, and Seat #5 was maintained by Council Member Norquist in the November 5 election. City Clerk Van Zile administered the oath of office to Council Member Norquist (Seat 1), Mayor Pool (Seat III) and Council Member Cole (Seat V). CITY MANAGER SAUNDERS' REPORT Change Order gl for 6" Water Main on Magnolia, Linden and 7th Street City Manager Saunders stated that Change Order gl for Bruce McGonical, Inc. for the 6" water main for Magnolia, Linden and 7th Streets includes a completion date change to January 14, 1997. 96-252 CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 12, 1996 Page 2 A motion was made by Council Member Sa~ent. seconded by Council Member Cole. and carried unanimously to approve Change Order #1 for Bruce McGonical, Inc, for the 6" water main on Magnolia, Linden and 7th Streets to change the time completion date to Janua~_ 14, 1997. East Side .75 MGD Sewage Treatment Plant City Manager Saunders reported that the final inspection and final acceptance has been made of the new sewage treatment plant on Hancock Road. Change Order #5 in the amount of a $275,019.96 decrease is submitted for approval. The decrease is a result of the direct-purchase of materials by the City. 96-253 A motion was made by Council Member Dupee, seconded by Council Member Cole, and carried unanimously to approve Change Order #5for Fabco Constructors. Inc. _for the East Side. 75 MGD Sewage Treatment Plant for a decrease of $2 75,019. 96, Horrible 100 Recreation Bike Ride City Manager Saunders stated the Florida Freewheelers is asking approval for their 15th annual Horrible 100 recreational bike ride on November 17 with the start and finish at the Clermont Waterfront Park. They requested a waiver of the parking fee, however, when it was explained that Council had previously established a 50¢ per participant fee for triathlons, they asked to donate 25 regulation bike helmets that could be used in safety programs for children. 96-254 A motion was made by Council Member Sargent, seconded by Council Member Norquist, and carried unanimously to approve the Horrible 100 recreation bike ride on November 17 at Clermont Waterfront Park and accept 25 regulation bike helmets as a waiver oft he parking fee. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 12, 1996 Page 3 Bridge Construction Design Meeting City Manager Saunders reported that the County will be holding a meeting Wednesday, November 13 at 5:30 p.m. at Jenkins Auditorium regarding the construction design of the 561-A and 561 bridges. MAYOR POOL'S REPORT Mayor Pool congratulated Finance Director Joe Van Zile and his staff for receiving the Excellence in Financial Reporting award from the Government Finance Officers Association for the 7th year in a row. COUNCIL MEMBER DUPEE'S REPORT Council Member Dupee reported a Business After Hours on November 14 from 5:30 to 7:00 p.m. at Clermont Cosmetic & Family Dentistry and a South Lake Chamber of Commerce breakfast on November 15 at 7:30 a.m. VISITORS WITH BUSINESS AARP 55 Alive - Request to Waive Highlander Hut Fees City Manager Saunders stated that a request has been received from Mr. Don Winters, a volunteer who will be teaching the AARP 55 Alive Mature Driving Program on November 23 and 30. Mr. Winters is requesting the use of the Highlander Hut with a waiver of the rental fees for this program. Staff recommends approval. 96=255 ,4 motion was made by Council Member Dupee, seconded by Council Member Cole, and carried unanimously to approve waiving the fees at the Highlander Hut on November 23 and 30for the A`4RP 55 `4live Mature Driving Program. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 12, 1996 Page 4 Ethel Mooring Itabeck City Manager Saunders stated the applicant is requesting a variance from our Land Development Regulations to allow the construction of a detached garage with a setback of 20' rather than the 25' that is required, and a driveway and sidewalk slope in excess of the allowable slopes in our Code for 1245 7th Street. Mayor Pool stated that the request requires that a Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the request must be sworn in. No one asked to be sworn in. City Manager Saunders stated the proposed garage will line up with the existing house and not extend any further into the side yard. City Council has in the past granted this type of variance where there is no additional encroachment. He explained the second request is for increased slopes on the driveway. This is an existing home and the topography of this lot along with the neighboring lot will make it very difficult to meet the standard slopes. The Code allows for a maximum of 6 % slope for a driveway and the request is for a 7.4% slope. The area across the sidewalks is proposed for 5.7% rather than 2% and there are no adjoining sidewalks. Staff recommends approval of the setback and increased slope variances. Mayor Pool closed the public hearing. 96-256 A motion was made by Council Member Sargent, seconded by Council Member Cole, and carried unanimously to approve the setback variance of 20'. the Z4% driveway_ slope, and the 5. 7% sidewalk slope for Mrs. Ethel Habeck at 1245 7th Street. Ken Norquist - Resolution No. 927 City Manager Saunders stated that Resolution 927 is for a Conditional Use Permit for changes to the existing Conditional Use Permit for 490 West Avenue. He recommended that the City Council table this resolution until the December 10 Council Meeting. He stated that during the staff review in preparation for the Council recommendation, it was discovered that the Planning and Zoning Commission has not CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 12, 1996 Page 5 properly addressed the proposed uses. The next Planning and Zoning Commission meeting will be held December 5. 96-257 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously by roll call vote to table the Conditional Use Permit for 490 West Avenue (Resolution No. 927) until the next regular Council Meeting tO be hem December 10, 1996. UNFINISHED BUSINESS Final Reading of Ordinance 320-M City Manager Saunders stated that Ordinance 320-M will rezone an area between Minneola Avenue and Lake Minneola, and between 8th Street and West Lake from R-3 Residential/Professional and C-1 Commercial to CBD Central Business District. The area west of this parcel is currently zoned C-1 commercial, south is Central Business District and R-3 Residential/Professional, and east is R-3 Residential/ Professional. Mayor Pool read Ordinance 320-M by title only and stated that the public hearing was open. No one asked to speak in favor of or against Ordinance 320-M. Council Member Norquist declared a conflict of interest and stated he would abstain from voting on the matter. City Manager Saunders stated that the Planning & Zoning Commission and staff recommended approval of Ordinance 320-M. 96-258 A motion was made by Council Member Cole. seconded by Council Member Dupee. and carried unanimously by roll call vote (with Council Member Norquist abstaining) to adopt Ordinance 320-M. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 12, 1996 Page 6 NEW BUSINESS Police Chief Position City Manager Saunders explained that the City Charter places the responsibility of the hiring of all department heads with the City Manager. A confirmation vote by the City Council of the City Manager's recommendation of appointing Randy Story as Chief will show Council's support of the selection. 96-259 A motion was made by Council Member Dupee, seconded by Council Member Norquist. and carried unanimously to accept with great pleasure the recommendation of the Ci~_ Manager to promote acting Chie_f Randy Sto~_ to Chief o_f Police. Resolution No. 930 - Osceola Street Improvements City Manager Saunders explained that Resolution No. 930 will authorize the City to notify adjoining property owners and provide public notice of the proposed improvements to Osceola Street between 8th Street and West Avenue, and the special assessments that will be imposed along with this project. Mayor Pool read Resolution No. 930 by title only and opened a public hearing. No one asked to speak in favor of or against Resolution No.930 and the public hearing was closed. City Manager Saunders stated a public heating is scheduled for the December 10 Council Meeting. Each property owner will be notified of the hearing and the estimated assessment and methods of payment prior to the public hearing. Council Member Norquist declared a conflict of interest and stated he would abstain from voting on the matter. 96-260 A motion-was made by Council Member Cole. seconded by Council Member Dupee, and carried unanimously by roll call vote to adopt Resolution No, 930. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 12, 1996 Page 7 Consultant Selection - Impact Fee Study City Manager Saunders stated the City advertised for firms to conduct an impact fee study and received two proposals. An impact fee update is scheduled for this year. Proposals were received from Hartman & Associations and Public Resources Management Group, Inc. He and Finance Director Van Zile reviewed both proposals and discussed the proposals with both companies and recommend negotiating a contract with Hartman & Associates for an Impact Fee Study. The estimated cost of the study is $18,000 and the final contract will be presented to the Council for approval. 96-261 A motion was made by Council Member Dupee, seconded by Council Member Cole to authorize City Manager Saunders to negotiate a contract with Hartman & Associates for an Impact Fee Study_. Interlocal Agreement - Lake County Jacks Lake Road Project City Manager Saunders stated that Lake County received five bids for the Jacks Lake Road project and they are ready to enter into a contract with Hewitt Contracting. As a part of that road construction project, a sewer main extension is proposed from the North Ridge Subdivision along the entire length of the Jacks Lake Road ' project and a water line from the intersection of Highway 50 and East Jacks Lake Road to the north boundary of the proposed hospital. City Manager Saunders explained that the water line cost is $133,052.79. The Hospital decided against installing irrigation in the medians and this will be deleted from the contract, however, the water line will be extended to two places in the median with PVC sleeves placed between the islands for future irrigation. The Conditional Use Permit. with the Hospital requires the Hospital to pay the cost of the water line extension with the City and the Hospital entering into a Pioneer agreement, whereas the Hospital will be reimbursed in the future for the cost of that portion of the line from the new water tank to their site. That agreement will be presented to the Council in the near future. The sewer bid was for $235,800.86. 96-262 CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 12, 1996 Page 8 A motion was made by Council Member Cole, seconded by Council Member Dupee. and carried unanimously to approve the Interlocal Agreement (delea'ng the median irrigation) with Lake Count_ for the Jacks Lake Road Project. Fire Station Selection City Manager Saunders stated several sites for a proposed fire station were reviewed, and the site located on Highland Avenue adjacent to and east of the Drew Street right- of-way was determined to be the best. This is a central location which is located directly east of the Chiropractor's office and consists of a minimum-sized lot (approximately 150' by 150') for a 4-bay building. Cooperation would need to be obtained from DOT to use the water retention area which adjoins the property. A 60' right-of-way (Drew Street) may also be used. An appraisal was completed showing a value of $38,500 and he recommended making an offer to the owner for $38,500 although the owner is asking $50,000. 96-263 A motion was made by Council Member Dupee, seconded by Council Member Cole, and carried unanimously to offer $38,500 to the owner of the Highland Avenue lot. BankFirst Agreement City Manager Saunders stated that BankFirst is dose to finalizing their plans for their new bank to be located on Grand Highway. As a part of their project,, they will be widening Grand Highway which will make it necessary for them to relocate an existing 6" water line from their property along Grand Highway to the entrance of Highway 50 due to the grade. We are proposing to upgrade the size of this water line from 6" to 12" and to also extend this 12" line across Highway 50. We have an existing conduit under Highway 50 so there will not be a need for another jack and bore. Since the road will be torn up this is a good time to extend this line and will provide the additional capacity to the south side of the road. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 12, 1996 Page 9 The agreement provides for the City to pay the additional material costs in upgrading the 6" to a 12" line and the total cost for extending the line across Highway 50 along with the necessary valves and connections. The agreement also provides that prior to the work being authorized to begin, actual cost for the work will be submitted to the City for review and approval. 96-264 A motion was made by Council Member Dupee. seconded by Council Member Cole. and carried unanimously to approve the agreement with BankFirst to upgrade the waterline_from 6~ to 12 ~ on Grand Highway and extend the 12 ~ line across S.R. 50. Lake County Water Authority Agreement Addendum City Manager Saunders stated that Lake County Water Authority is requesting that we approve an addendum to our grant agreement with them for the Central Business District storm water project. The addendum extends the project time until September 30, 1997. 96-265 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously to approve the Lake Count. Water Authori~_ addendum to the Central Business District water retention area grant agreement extending the project time until September 30. 1997. Introduction of Ordinance 321-M City Manager Saunders stated that Ordinance 321-M is being introduced which will annex 10 acres into the City limits. The property is located northeast of Jacks Lake and is an enclave completely surrounded by Clermont city limits. Mayor Pool read Ordinance 321-M by title only. 96-266 A motion was made by Council Member Cole and seconded by Council Member Dupee to introduce Ordinance 321-M. CIIT OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 12, 1996 Page 10 Introduction of Ordinance 322-M City Manager Saunders stated that Ordinance 322-M is being introduced which will rezone the 10 acres proposed for annexation in Ordinance 321-M from Urban Estate to R-1 residential. Mayor Pool read Ordinance 322-M by title only. 96-267 A motion was made by Council Member Dupee and seconded by Council Member Cole to introduce Ordinance 322-M Introduction of Ordinance 323-M City Manager Saunders stated that Ordinance 323-M is for introduction which will annex approximately 403 acres located west of Highway 27 lying across the road from the Lennar Homes project. Mayor Pool read Ordinance 323-M .by title only. 96-268 /t motion was made by Council Member Dupee and seconded by Council Member Cole to introduce Ordinance 323-M. Bid Award - Seminole Well Inspection City Manager Saunders stated that three bids were received for the inspection of the Seminole Well. This is a routine inspection that is recommended as a part of the maintenance program for the wells to avoid costly breakdowns in the future which is done every three to four years. Springstead Engineering has recommended the low bidder, Ellis Well Drilling in the amount of $4,295. A total of $5,000 was budgeted for this project. 96-269 A motion was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously to accept the low bid of Ellis Well Drilling in the amount of $4.295 for the inspection of the Seminole Well. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 12, 1996 Page 11 Bid Award - Elevated Tank Inspection City Manager Saunders stated that three bids were received for the inspection of the Highland Avenue water tank. Springstead Engineering recommends awarding the bid to the low bidder, Conrady Conservation Services in the amount of $2,500. Once the tank has been inspected we will address any needed repairs with a request for a budget amendment for actual cost. 96-270 A motion was made by Council Member Norquist, seconded by Council Member Cole, and carried unanimously to approve Conrady_ Conservation Services for $2,500 for inspection of the Highland Avenue water tank. There being no further business or discussion, the meeting adjourned at 8:38 p.m. Robert A. Pool, Mayor Attest: ~,,,,5oseph E. ~6 Zile, 'City Clerk FORM 8B · MEMORANDUM oF VOT[IJ)I -'CONFLICT FOR COUNTY, MUNICIPAL, AND' OTHER LOLL' 'PUBLIC OFFICERS LAS1' NAMI:--FIRST NAME--MIDDLE NAME NAME'OF' BOARD. COtJNCIL. COMMISSION, AUTHORITY, OR COMMITTEE Norquist, Ken '. ,.- , '~iermon.t City Council SAILING ADDRESS .I932 Lake Shore Drive, Clermont, FL. CITY COUNTY DATE ON WHICH VOTE OCCURRED November 12, 1996 THE R(')ARD, COUNCIl... COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: i; CITY !'; COUN'rY i ! OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: MY POSITION IS: :~ ELECTIVE 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 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 112.3145, 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 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 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 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 lNTEND TO MAKE ANY ~,TTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEEI~ING. 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 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. nil Iii.gA IF YOU MAKE NO ATTEMPT T° INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE 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 minute,--? of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST November ].2, !, ~e9 Iqo?qgJst , hereby disclose that on (a) A measure came or will come before my agency which (check one) 1996 , 19__: 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: Date l/iled / ' ' 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 RB . 10-fl6 FORM MEM RANDUM-OF VOTIN iiCONFLICT FOR COUNTY, 8MBuNICI , AND' OTHERLOC . PUBLIC OFFICERS LAST NAME--FIRST NAME--MIDDLE NAME ' No--st, Ken 1932 Lake Shore Drive, Clermont, .FL CITY COUNTY DATE ON WHICH VOTE OCCURRED November 12, 1996 NAME OF BOARD, COUNCIL COMMISSION, AUTHORITY, OR COMMITTEE Clermont' City Council THE BOARD, COUNCIl.,· COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: ! ~ CITY ~ COUNTY i ! OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: MY POSITION IS: '~X ELECTIVE '' APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local ievel 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 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 WITH1N 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 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 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 PR1OR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: r Y. Ou should complete and file this form (before making any attempt to influence the decision) with the person responsible for ecording the minutes of the meeting, 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. '1 I'()R\l NB 11~}-86 PAGE · ' ' ~ ~ :' ' "' ' ' ~-J '~ "'" ? "" - - DISCUSSION OR VOTE AT THE MEETING: IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY ~ ' · 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 minute~ of the meeting, who should incorporate the form in the minutes. · DISCLOSURE OF STATE OFFICER'S INTEREST I, Ken Norquist , hereby disclose that on '(a) A measure came or will come before my agency which (cheek one) X' 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 12~ lggfi ,19~: , by whom I am retained. Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES'§II2.317 (1985), A FAILURE TO MAKE ANY REQUIREE~ DISCLOSURE CONSTITUTES GROUNDS FOR AND' MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:"- IMPEACHMENT, REMOVAL OR SUSPEI~SION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. . CE FORM 8B - 10-86 PAGE 2