10-11-1983 Regular Meetng
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CITY OF CLERMONT
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MINUTES
REGULAR COUNCIL MEETING
October 11, 1983
A Regular Meeting of the City Council of the City of Clermont was held
Tuesday, October 11, 1983 in the City Council Chambers. The meeting
was called to order at 7:30 p.m. by Mayor Beals with the following
Council Members in attendance: Council Member Cole, Council Member
Turville, Mayor Pro Tern Pool, and Council Member Dupee. Other City
Officials present were: City Attorney Baird, Finance Director
Saunders, Public Works Director Smythe, and Deputy City Clerk Brandt.
The Invocation was given by Public Works Director Smythe followed by
the repeating of the Pledge of Allegiance to ~he Flag by all present.
MINUTES
The Minutes of the September 27, 1983 Regular Meeting were approved as
presented.
CITY MANAGER'S REPORT
COUNCIL WORKSHOP
It was reported that some Council Members had expressed an interest in
having a Workshop on the zoning of the recently annexed Wade property.
It was recommended that the Workshop beheld Thursday, October 20, 1983
at 7:00 p.m. After some discussion, it was the consensus of the Council
to conduct the Workshop as recommended.
UTILITY DEPARTMENT REQUEST
It was reported that the City Council had authorized the expenditure of
$17,608 during the past fiscal year for water line transfers and replace-
ments. As of September 30, 1983 at total of $9,004.01 had been. expended,
and it was requested that the unexpended sum of the total amount or
$8,603.99 be reauthorized from the Utility Improvement, Repair, and
Replacement Fund to continue the work in FY1983-1984. After some dis-
:3-172 cussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL
MEMBER COLE AND UNANIMOUSLY CARRIED TO.REAUTHORIZE THE EXPENDITURE OF
$8,603.99 FROM THE UTILITY IMPROVEMENT, REPAIR, AND REPLACEMENT FUND
TO CONTINUE WATER LINE TRANSFERS AND REPLACEMENTS IN FY 1983-1984.
MAYOR BEALS REPORT
LAKE COUNTY COUNCIL ON AGING
Mayor Beals reported that the City's Special Activities Fund had budgeted
$11,000; $10,000 of which would go toward the Clermont Centennial Cele-
bration. He then asked the Council to consider appropriating half of the
remaining $1,000 to the Lake County Council On Aging to help defray its
expenses of setting up a Senior Center in Clermont. After some discussion,
~3-173 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER
POOL AND UNANIMOUSLY CARRIED TO APPROPRIATE $500 FROM THE SPECIAL ACTIVITIES
FUND TO THE LAKE COUNTY COUNCIL ON AGING TO HELP DEFRAY EXPENSES INCURRED
IN SETTING UP THE SENIOR CENTER IN CLERMONT.
Mayor Beals also expressed the Council On Aging's interest in using the
offices in Jenkins Auditorium should they become available after the
first of the year. He also requested that Mr. Jerry McDowell, Executive
Director of the Lake County Council on Aging, be placed on the agenda for
the next Regular Council Meeting.
RESOLUION NO. 457 -REQUEST FOR A CONDITIONAL USE PERMIT AT 770 W. MONTROSE
Mr. Todd Dettrich appeared before Council to request a Conditional Use
Permit to enage in the light fabrication and construction of custom
cabinets and interior refurbishing materials for vans and recreational
vehicles. Light manufacturing is a conditional use in a C-2 General Com-
mercial zone. He presented a petition from numerous downtown merchants
favoring his proposed business at 770 West Montrose Street. It was
explained that most of his business could be conducted inside the
building, however, on occasion a large Recreational Vehicle would be
park~d' outside the building waiting to be refurbished.
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CITY OF CLERMONT
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REGULAR COUNCIL MEETING
October 11, 1983
Page -2-
Mayor Beals called for comments from those present in the audience.
On behalf of the South Lake Art League, Mrs. Ruby Abel spoke against
the proposed use of the building. She stated that she felt large
buses had no place in the downtown business district, the noise level
might not be acceptable, and she expressed concern of possible fire
hazards. Mayor Beals read a letter from James H. Hanks of Hanks
Electric Company which expressed his opposition to large buses being
worked on in the downtown business district. Laura Cook, another
downtown merchant, spoke in favor of the proposed Conditional Use
Permit.
Council Member Turville asked City Attorney Baird for his opinion of
the proposed use of the building in the downtown business district.
City Attorney Baird stated that the problem with bus and van
conversions in the C-2 Zone is the transfer from the building
to the bus those things manufactured for the refurbishing. Going out-
side the building does not seem to fit a light manufacturing procedure.
Allowing this would set a precedent for future use as it would signi-
ficantly expand the scope of the present ordinance. He stated that
if this request was allowed, the present ordinance would need to be
redrafted.
Mayor Beals stated that he felt that refurbishing buses did not lend
itself to enhancing the downtown business district.
Council Member Turville again addressed Mr. Baird and asked if the CUP
request was passed, if the City would have difficulty denying similar
requests in the future. City Attorney Baird reiterated his position
that he felt real legal problems would result if Mr. Dittrich were
allowed to work on vehicles outside of the building, and the City
Council would lose' its ability to control what goes in downtown.
Council Member Pool cited the Planning and Zoning Commission's rec-
comendation that a one year stipulation be placed on the CUP request,
and stated that after a one year trial period, renewal of the CUP
could be denied if the proposed use of the building proved to be
undesirable. He further stated that he personally had no problems
with building cabinets inside the building and going outside to in-
stall them.
83-174 After a great deal of discussion, A MOTION WAS MADE BY COUNCIL MEMBER
TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND WAS ADOPTED BY A THREE TO
TWO ROLL CALL VOTE TO DENY THE CONDITIONAL USE PERMIT BASED ON THE
STRENGTHS OF THE CITY ATTORNEY'S LEGAL OPINION AND THE GREAT INHERENT
RISKS INVOLVED AND THE FACT THAT THE USE WAS NOT CONDUCIVE TO THE
DOWNTOWN BUSINESS AREA. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS
POOL AND COLE, NAY; COUNCIL MEMBERS DUPEE, AND TURVILLE AND MAYOR
BEALS, AYE.
City Attorney Baird was asked if there would be any legal problems
if all the work was done inside the building and nothing was installed
outside of the building. He stated that he felt this would be accept-
able to the definition of light manufacturing in the C-2 Zoning
Classification.
Council Member Dupee asked Mr. Dittrich if he would be able to comply
with this. Mr. Dittrich stated that it would be difficult, but he
could install the cabinets on the large vehicles at another site.
83-175 After a great deal of discussion, A MOTION WAS MADE BY COUNCIL MEMBER
POOL AND SECONDED BY COUNCIL MEMBER COLE TO AMEND RESOLUTION NO. 457
TO READ THAT ALL WORK MUST BE DONE INSIDE THE BUILDING AND THAT THE
REFURBISHING OF BUSES BEHIND THE BUILDING WILL NOT BE ALLOWED.
83-176 After further discussion, A MOTION WAS MADE BY COUNCIL 'MEMBER TUR-
VILLE AND SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED
TO AMEND MR. POOL'S AMENDMENT TO INCLUDE THE FOLLOWING: NO SPRAY
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CITY OF CLERMONT
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MINUTES
REGULAR COUNCIL MEETING
October 11, 1983
Page -3-
PAINTING OR FIBERGLASS LAYUP WORK WILL BE ALLOWED ON THE PREMISES
DUE TO THE FUMES AND FIRE HAZARDS INHERENT IN THIS TYPE OF WORK.
THE AMENDED MOTION FAILED BY A THREE TO TWO ROLL CALL VOTE. VOTING
WAS AS FOLLOWS: COUNCIL MEMBERS POOL AND COLE, AYE; AND MAYOR BEALS
AND COUNCIL MEMBERS TURVILLE AND DUPEE; NAY.
SIDE YARD VARIANCE REQUEST FOR 741 OSCEOLA STREET
It was reported that Mr. David (Tony) Griner had requested a side yard
variance to build a 14 x 24' addition to the rear of his home at 741
Osceola Street. The residence has an existing lot width of only 25'
and is already nonconforming. A side yard of 7.5' is required, and
Mr. Griner stated that he needed a side yard of 5' on the west and
6' on the east side to construct the addition. Mr. Cecil Eaton, a
neighbor, stated that he would have no problems with the 5' side
yard on the west side of the property.
83-177 After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE,
SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO GRANT A
SIDE YARD OF 5' ON THE WEST SIDE OF THE PROPERTY AND 6' ON THE EAST
SIDE OF THE PROPERTY IN ORDER TO BUILD A 14' x 24' BEDROOM ADDITION
ON PROPERTY WHICH IS ALREADY NONCONFORMING DUE TO THE 25' LOT WIDTH.
WILLIAMS STEEL REQUEST FOR TIME EXTENSION TO COMPLETE REQUIREMENTS
OF EXISTING CONDITIONAL USE PERMIT
Mr. John Brown, Vice President of Williams Steel, appeared before
Council requesting an extension of eight months to comply with
the landscaping, parking, and drainage requirements for its Con-
ditional Use Permit. As part of the CUP, these requirements were
to have been met by October 9, 1983. Mr. Brown stated that the
the lot paving, sedimentation pond, and retention area were in-
complete, but the company had spent $8,400 on landscaping and
an irrigation system to water jasmine planted along the fence,
the construction of a swale on the north side of the property, and
posts were installed along the swale to create a barrier to pre-
vent damage by employee vehicles. Because of the current state
of the economy, Mr. Brown stated that the company could not afford
the minimal figure of $22,500 to complete the parking lot require-
ments of the Conditional Use Permit. He hoped that business would
improve during the eight month extension so the project could be
completed. (See attached letter). Much discussion ensued regarding
the driveways and parking lot required by the CUP and the bids which
were obtained by Williams Steel for paving the parking lot.
Council Member Turville cited several previous agreements between
Williams Steel and the City which began in 1974 and were never
completely honored. He acknowledged that Mr. Brown was not with
Williams Steel when some of the agreements were made, but stated
that it was difficult to understand how a company could become
selective as to what it honored in an agreement, and ignore the
remainder of the requirements.
Council Member Pool asked City Attorney Baird what would happen
if the Council denied the request and the company could not
comply with the Conditional Use Permit requirements. He also
stated that considering past history, he did not want the company
coming back and asking for another extension if one was granted.
Mayor Beals suggested a sixty day extension might be possible, but
stated that Williams Steel should be treated no differently than
any homeowner, and the parking lot problem had been going on for
nine years now which is long enough.
Mr. Brown stated that a sixty day extension would not help, and
at the end of that time, the company would be no better off than
. it is now.
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CITY OF CLERMONT
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MINUTES
REGULAR COUNCIL MEETING
October 11, 1983
Page -4-
Council Member Turville suggested that the Conditional Use Permit
should be rescinded one day after the next Council Meeting if some
effort had not been made toward compliance. Council Members Pool
and Cole stated that two weeks were not enough time to even get bids.
83-178 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER
TURVILLE TO RESCIND THE CONDITIONAL USE PERMIT SIXTY DAYS FROM TODAY'S
DATE. IF PROGRESS IS SHOWN DURING THAT TIME, THIS CAN BE CHANGED, BUT
IT PLACES THE BURDEN OF PROOF ON WILLIAMS STEEL. MAYOR BEALS TURNED
THE CHAIR OVER TO MAYOR PRO TEM POOL AND SECONDED THE MOTION. THE
MOTION FAILED BY A THREE TO TWO VOTE. VOTING WAS AS FOLLOWS:
MAYOR BEALS AND COUNCIL MEMBER TURVILLE, AYE; AND COUNCIL MEMBERS
POOL, DUPEE, AND COLE, NAY.
Mayor Pro Tem Pool turned the Chair back over to Mayor Beals at
the conclusion of the voting.
83-179 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER
COLE, AND SECONDED BY COUNCIL MEMBER POOL TO GRANT WILLIAMS STEEL
A SIX MONTH EXTENSION FOR COMPLIANCE TO THE CONDITIONAL USE PERMIT.
At this point in the meeting, Public Works Director Smythe offered
a temporary solution to the problem of runoff coming from the DeSoto
Street driveway. He stated that the water had been coming out of
the driveway and washing clay and water into the yards and carports
across the street. Mr. Smythe suggested that for a small expenditure,
Williams Steel could build a berm and block the driveway on DeSoto
Street to impede the flow of water. Mr. Brown stated that he was
unaware that this problem existed.
Council Member Pool called for the question, and Council Member
Turville objected. Mayor Beals polled the Council for objections
to further discussion, and Council Member Cole objected, and the
discussion continued. After much discussion, A MOTION WAS MADE BY
COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY
CARRIED TO AMEND THE MOTION TO INCLUDE AS A PRIORITY, THE ADDRESSING OF
THK~ PROBLEM ON DESOTO STREET AS SUGGESTED BY MR. SMYTHE.
A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE TO ADD A SECOND AMENDMENT TO
THE MOTION WHICH WAS TO RESCIND THE CONDITIONAL USE PERMIT IN SIX MONTHS,
IF COMPLIANCE HAD NOT BEEN MET, AND THIS MOTION DIED FOR LACK OF A SECOND.
COUNCIL MEMBER TURVILLE CALLED FOR THE QUESTION AND THE MOTION WAS PASSED
AS AMENDED BY A THREE TO TWO VOTE. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS
POOL, COLE, AND DUPEE, AYE; AND MAYOR BEALS AND COUNCIL MEMBER TURVILLE, ~AY.
W.G. MANAGEMENT - RESOLUTION NO. 458, CONDITIONAL USE PERMIT
Finance Director Saunders reported that W.G. Management had requested that
83-180 this Resolution be tabled. A MOTION WAS MADE BY COUNCIL MEMBER POOL,
SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO TABLE THE
W.G. MANAGEMENT REQUEST INDEFINITELY.
Council Member Turville asked that a new site plan be presented when
the request is heard.
WILLIAM CLAY REQUEST FOR GRASS PARKING (AUXILLIARY PARKING)
Mayor Beals read a letter from William D. Clay asking the City Council's
permission to have grass parking at the rear of the townhouse he is
83-181 constructing on 7th Street. After some discussion, A MOTION WAS MADE
BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE, AND
UNANIMOUSLY CARRIED TO GRANT MR. CLAY'S REQUEST FOR GRASS PARKING
AT THE REAR OF HIS TOWNHOUSE ON 7TH STREET AS LONG AS IT DOES NOT
INFRINGE ON THE REAR YARD SETBACK REQUIREMENTS.
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CITY OF CLERMONT
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MINUTES
REGULAR COUNCIL MEETING
October 11, 1983
Page -5-
It was requested that Mr. Clay present altered site plans showing
the grass or auxilliary parking to the Building Department.
NEW BUSINESS
STREET SWEEPER
Public Works Director Bob Smythe appeared before the Council to
discuss and answer questions about the various types of street
sweepers the City had been investigating. He explained how several
different types of sweepers worked and their costs. Mr. Smythe
stated that he felt the Tymco Regenerative Sweeper was the best
equipment and explained a demonstration which was held here.
A demonstrator model with 2,000 miles could be purchased for
$55,000 with warranty. If purchased new, the machine would
cost $65,000. Mr. Smythe also asked that he be allowed to nego-
tiate the price of the sweeper up to the asking price. After
83-182some discussion about the different types of sweepers, A MOTION
WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER TUR-
VILLE AND UNANIMOUSLY CARRIED TO ALLOW MR. SMYTHE TO NEGOTIATE A
PRICE OF UP TO $55,000 FOR THE TYMCO REGENERATIVE SWEEPER. $50,000
HAD BEEN BUDGETED FOR THE SWEEPER, AND THE ADDITIONAL $5,000 TO COME
FROM THE CAPITAL REPLACEMENT FUND.
The meeting adjourned at 9:55
p~
13. ~.-P-h.i.
Charles B. Beals, Mayor
Attest:
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iilORANDUM45FVOTIMt~ONFUCT
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FORM 4
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J.AS1' NAME - "'IR"S"i NAME - MIDDLE NA'Mi'"
Poo~___~ Robert
MAILING ADDRESS
1464 East Avenue
CITY
C~,ermont.!.
NAME OF AGENCY
City of Clermont
FL
ZIP
32711
COUNTY
Lake
AGENCY 181101& of: DATE ON WHICH VOTE OCCURRED
o STATE September 27, 1983
NAME OF PERSON RECORDING MINUTES
DCOUNTY Julie M. Brandt
TITLE OF PERSON RECORDING MINUTES
0MUNICIPALITY Deputy City Clerk
I...-.-.::
SPECIFY
DOTHER
MEMOR,ANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes ~112.3143 (1979) )
[f you have voted in your officiaJ capacity upon any measure in which you had a personaJ, private, or professionaJ Interest which inures to
your speciaJ private gain or the speciaJ private gain of any principaJ by whom you are retained, please disclose the nature of yow Interest
below.
Mr. Pool asbstaine~ from voting on the Clermont Hotel
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Description of the pelSonaJ, pri~ate, or professionaJ interest you have in the above matter which inures to your speciaJ private aain or I
the speciaJ private gain of any principal by whom you are retained:
1.
Description of the matter upon w~icb you voted in your officiaJ capacity:
2.
Mr. Pool is a mortgage holder of the Hotel
3. Person or principaJ to whom the special gain described above will Inure:
a.1X) Yourself b.D
Principal by whom you are retained:
'iIUNA1'URE
(NAMB)
Robert Pool
OJ' ----- '''-''0-
DATE ON WHICH FORM . WAS FILED WITH THE PERSON
RESPONSIBLE I"OR RECORDING MINUTES OF THE MEETING AT
WHICH THE VOTii: OCCURRED:
._---._---"-_._~. -_... -----.--
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FILING INSTRUCTIONS i
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ThiS memorandum must be filed within fifteen (15) days following tht! meeting during which the voting conflict occurred with the pelSon i
responsible for recording tile minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be \
liIed merely to indicate the absence of a voting ~onflid. f'lorida law permits but does not require you to abstain from voting when a conflict,
of interelit arises; if you vote, however, the conllict must be dillClosed pursuant to the requirements described above.
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES Ii Jl2.317 (1879). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES I
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 t6,OOO.
~: FORM. - REV. 12-79
MloRANDU-M
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OF VOTlr4I. ~O~:FLICT
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FORM 4
I.AST NAME - FIRST NAME - MIDDLE NAMB
Col,,~ Lester
MAILING ADDRESS
P.O. Box 695
CITY
AGENCY i. uDi& of:
o STATE
DATE ON-WHICH VOTE OCCURRED
er 11, 1983
NAME OF PERSON RECORDING MINUTES
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DCOUNTY
Clermont
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NAME OF AGENCY
City of Clermont
ZIP
32711
'COUNTY
Lake
l!lMUNIClPALITY
Julie M. Brandt
TITLE OF PERSON RECORDING MINUTES
Clerk
DOTHER
MEMORANDUM OF CO'NFLICT OF INTEREST I"; A YOTlNG SITUATION [Required by Florida Statutes ~;12.3143 (1979) ] I
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[f you have voted in your 'official' capacity upon 'any measure in which you bad a pe~sonaJ, private, or professionaJ interest which inures to !
your special private gain or the ipecial private gain o'f any prin~ipal by whom you are. retained, please .discIOse'the nature of yow Interest I
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Description of the matter upon wbich you voted in your official capacity:
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Extension of time -to complete requirements of Conditional Use Permit
fOT Wil'liams Stee;l.'
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Description of the personaJ, private, or professlonaJ interest you have in the above matter which inures to your speciaJ private gain or !
the special private gain of any principal by wbom you are retained: !
,
2,
I am employed by Williams Steel~
3. Person or principaJ to whom the speclaJ gain described above will inure:
a.Ga Yourself b.D
Principal by whom you are retained:
~
(NAMB)
- .-_. .1.DATIi--Oii-WH'CH .D....W-..~H-... '.'SON
RESPONSIBLE FOB. RECORDING MINUTES OF THB MEETING AT
WHICH THE VOTE OCCURRED:
._.._~_ __._h __
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This memorandum must be filed within fifteen (It)) days following the meeting during which the voting conflict occurred with the person I
responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be :
liled merely to indicate the absence of a voting eonflict. Florida law permits but does not require you to abstain from voting when a conflicL :
of interest arises; if you vote, however, the conOict must be disclosed pursuant to the requirements described above. i
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NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~ 112.317 (18'79), A FAILURE TO MAKE ANY REQUIB.ED DISCLOSURE CONSTITUTES 1
GRUUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FB.OM OFYICg I
OR EMPLOYMENT. DEMOTION, REDUCTION IN SALARY. RErB.lMAND. OB. A CIVIL PENALTY NOT TO EXCEED e6,OOO. :
I
FlUNG INSTRUCTIONS
t: FORM 6. REV. 12-79