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HomeMy Public PortalAbout1990-06-19 Regular Meeting197 COUNCIL MINUTES JUNE 19, 1990 - REGULAR MEETING The regular monthly meeting of the Bal Harbour Village Council was held on Tuesday, June 19, 1990 at 9:30 a.m. in Village Hall. The meeting was called to order by Mayor Estelle Stern and the roll was called. Those present were: Mayor Estelle Stern Asst. Mayor Matthew B. Blank Councilman Sol M. Taplin Councilman James E. Boggess Councilman Andrew R. Hirschl Also Present: Carole S. Morris, Village Manager Richard J. Weiss, Village Attorney Marilyn P. Kreger, Village Clerk Having a quorum present, Mayor Stern called the first item. Item #2. Approval of Minutes: May 15, 1990 There being no additions or corrections, C/M Taplin moved and Asst. Mayor Blank seconded a motion to approve the minutes as presented. Vote Taken: All Voted Aye Item #4. Public Hearings A. A Request by Anthony J. Marsolino, 143 Balfour Drive for a Variance to Section 6-1g of the Zoning Code to permit an existing tool shed to remain on the property on less than the usual setback. Mayor Stern opened the public hearing. Asst. Mayor Blank stated that he visited this property on more than one occasion after which he suggested to Mr. Marsolino that the shed be painted green and add landscaping as camouflage because it is a large shed and noticeable from the street. At his most recent visit, Asst. Mayor Blank observed that nothing had been done. John Shields, attorney representing Mr. Marsolino, stated that Mr. Marsolino has lived in Bal Harbour for 17 years and has demonstrated the desire to improve the various properties in which he has lived. He is seeking a variance for 5 feet, 8 inches. He is 4 feet, 4 inches from the Logan property line. There is no issue as to safety, fire or hazards. It is well anchored and is constructed of the highest quality materials. Mr. Shields stated that Mr. Marsolino did not deliberately attempt to violate the Code by installing the shed within the FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME -FIRST NAME -MIDDLE NAME HIRSCHL, ANDREW R. 4LINC ADDRESS 176 BAL BAY DRIVE CITY BAL HARBOUR DATE ON WHICH VOTE OCCURRED MARCH 8, 1990 COUNTY DADE THE BOARD. COUNCIL,COMMISSION, AUTHORITY. OR COMMITTEE ON WHICH 1 SERVE IS A UNIT OF: 2 CITY O COUNTY ❑ OTHER LOCAL AGENCY O STATE NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY. OR COMMITTEE VILLAGE COUNCIL NAME OF POLITICAL SUBDIVISION OR STATE AGENCY BAL HARBOUR VILLAGE WHO MUST FILE FORM 4 This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee, whether state or local, and it applies equally to members of advisory and non -advisory bodies who are faced with a voting conflict of interest. As the voting conflict requirements for public officers at the local level differ from the requirements for state officers, this form is divided into two parts: PART A is for use by persons serving on local boards (municipal, county, special tax districts, etc.), while PART B is prescribed for all other boards, i.e., those at the state level. PART C of the form contains instructions as to when and where this form must be filed. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes (Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting; and (b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE: Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of this part must be made. I, the undersigned local public officer, hereby disclose that on MARCH 8 , 1990 (a) I abstained from voting on a matter which (check one): X inured to my special private gain; or inured to the special gain of by whom I am retained. 198 setback. The shed is used exclusively for storing lawn maintenance tools. Mr. Shields referred Council to Ordinance 217 - Criteria for Variances. He read the specific four (4) criteria for granting of a variance (Code Appendix A, Sec. 11-3). He stated that the applicant complies with each one of the four criteria for approval. Mr. Shields then displayed photographs of various views of the shed to demonstrate how the shed is not objectionable. He said the shed could be moved closer to the home; however inconvenient and costly. Based on the photographs, if moved closer to the house, the shed would be more obvious from the street. There were other locations the shed could have been placed, however it would have created an eye sore. It was placed in the location where it is to avoid being an eye sore. Mr. Bruno, Park Drive resident, suggested that the shed be landscaped to shield it from view. Mr. Shields stated that the shed is partially landscaped presently and that the shed has been up for three months. Mayor Stern closed the public hearing. C/M Taplin asked Mr. Weiss, Village Attorney, if by granting the variance would a precedent be set. Mr. Weiss stated that variances need to be considered on an individual basis. The Council has been reluctant in the past to grant variances, so as not to set precedents. However, if Council believes that the granting of the variance would meet the criteria set forth in the Code then Council should grant the variance. If Council believes the request does not meet the criteria then the application should be denied. C/M Taplin stated that as long as the neighbor adjacent to the shed does not object to the shed and after seeing it himself believes the variance should be granted. C/M Hirschl asked if this tool shed was the one Official cited for a Code violation after it constructed. The response from Mr. Shields was that the Building had already been in the negative. Anthony Riso, President of Civic Association, stated that Mr. Marsolino was informed that the shed was a violation when it was half completed and advised to stop the work until he applied for the variance and approved. He completed the work and then applied for the variance. He stated that unless it creates a hardship, the variance should not be approved. These are the feelings of the Civic Association Board after a meeting was held. Mr. Shields stated that the Civic asked Mr. Marsolino to cease building department. Based on Mr. no variances or if a variance was Association is the group that construction, not the Village Riso's logic, there would be granted for one, it would have 6/19/90 Reg. Council Mtg. 2. 199 to be granted for all. That is not the purpose of variances. They are for special cases that may not quite meet the requirement. Attorney Weiss recommended as a matter of procedure that first the applicant should be given an opportunity to make their case, then the public be given an opportunity to speak without direct response by the applicant, then a follow up response by the applicant. Mayor Stern reopened the public hearing. Mr. Bill Gavigan, resident, stated that the house in question appears to not have been changed in outward appearance. The question of whether the shed is good or bad should have been dealt with long ago and perhaps government is overstepping its bounds. Marie Stoppa, resident, questioned Mr. Riso regarding his comment that there should be no variances unless it is a hardship and what was the hardship with regard to the terrace he built in an easement. She asked if he is willing to remove the terrace. Mr. Riso responded that his terrace is not in the easement. Mrs. Stoppa stated that it is her understanding that Mr. Riso's terrace at the rear of his home was built in the easement and would like that investigated. Mr. Riso stated that he would face a valid violation. Ruth Karp, member of the Civic Association Board, stated that while the Board's vote against this variance was by majority, the vote was not unanimous. She was not in favor of the Board's action. Every issue should be handled on an individual basis. Asst. Mayor Blank asked Mr. Marsolino why he didn't paint his shed green as requested. Mr. Marsolino responded that he didn't see the point in painting it if it might eventually have to be taken down. He would paint and landscape it after the variance approval. Mayor Stern closed the public hearing. C/M Taplin moved to grant the variance. Motion dies for lack of a second. C/M Hirschl moved to deny the variance request for Mr. Marsolino. C/M Boggess seconded the motion because variances should be granted for very special cases and there were remedies other than the variance. The motion includes the language that the denial is based on the fact that the variance does not meet the criteria as stated in the Code. 6/19/90 Reg. Council Mtg. 3. 200 Vote Taken: Aye - C/M Hirschl, Mayor Stern, C/M Boggess Nay - C/M Taplin, Asst. Mayor Blank Resolution No. 411 Passed (Discussion was held prior to the final complete vote regarding Asst. Mayor Blank's action and the merits of this case. Attorney Weiss advised that Council has three choices: 1) grant the variance; 2) deny the variance; 3) grant the variance with specific conditions. B. A request by to Section 6-lg of shed to remain on from the adjoining John Brunetti, 84 Bal Bay Drive for a variance the Zoning Code to permit an existing tool the property on less than the usual setback property. Mayor Stern opened the public hearing. Mr. Michael Colodny, attorney representing Mr. Brunetti, stated that the variance request should have come to Council about 4 1/2 years ago. The tool shed was constructed at that time. The shed is fully landscaped, is not visible from the street and is as harmonious with its surroundings as possible. Mr. Brunetti had received no complaints and was not aware of any problem that may have existed, until the latter part of 1989 when he was informed that a violation did exist. Mr. Colodny stated that Mr. Brunetti presented a letter to the Village wherein is stated that during 1985 he had discussions with the previous administration relating to the Village's desire to create a bus bench on the west side of A1A and requested Mr. Brunetti's approval for the bench to be placed in front of his property which approval was given. At the same time, Mr. Brunetti had discussions with the Mayor (at the time) about his wanting a tool shed. Pursuant to those conversations, he built the tool shed. Mr. Colodny stated that it would be a hardship shed with all the landscaping that has grown 1/2 years without anyone aware or objecting to the extended period of time it has existed. to remove the tool during the past 4 its presence after Mr. Anthony Riso, President of the Civic Association, stated that the Board had a meeting at which they voted to recommend denial. However, Mr. Riso's personal opinion is that it is not objectionable. C/M Taplin, being the only Councilperson on the Council at the time, recalled the matter of the construction of the bus bench, but not of any trade off - bus bench for the tool shed. Mrs. Morris stated that the records were searched and could not find anything regarding the tool shed. 6/19/90 Reg. Council Mtg. 4. 201 C/M Hirschl stated that if he had been sitting on the Council five years ago and the variance request was made, he would have voted to deny the request. However, he remembers the matter of the bus bench and as a member of the Civic Association questioned why the tool shed was constructed on the property line in violation of the Code. The Civic Association was told that an arrangement had been made between Mr. Brunetti and the Village. In exchange for allowing the bus bench in front of his property, Mr. Brunetti would be allowed to construct the tool shed. C/M Hirschl asked the Village Attorney if the variance could be granted for Mr. Brunetti only. If the property is sold, could the Village require the tool shed come down. Mr. Weiss stated that zoning is to the property, not the owner. The criteria is based on the property. The answer would then be NO. Mr. Weiss informed the Council of the This means that favorable zoning may not for something else. An individual cannot no legal obligation on the part of the variance. term "contract zoning". be granted in exchange "buy" zoning. There is Village to grant the Further discussion was held regarding the installation of the bus bench and whether there was a trade off for the tool shed. Mr. Bruno recommended landscaping the shed and approving the variance. Mayor Stern closed the public hearing. C/M Taplin moved to grant the variance, seconded by Asst. Mayor Blank. Vote Taken: Aye - Mayor Stern, Asst. Mayor Blank, C/M Taplin, C/M Hirschl Nay - C/M Boggess Resolution No. 412 Passed Item #5. Ordinances - Second Reading - An Ordinance amending Code Section 12-23 Prohibiting Overnight Parking on the streets in the Residential District without a permit. The Village Clerk read the ordinance by title. Mrs. Morris stated that this ordinance had been approved on first reading in March with second reading to have been held in April. At that time, based on comments made at the meeting, Council voted to table the second reading for two months, until this meeting. The ordinance has been advertised and notices sent to property owners. Mrs. Morris's office sent a letter out, as well, requesting residents to assist by not parking cars on the streets overnight. 6/19/90 Reg. Council Mtg. 5. )U2 Marie Stoppa, resident, stated that she does not believe it is fair for the Council to prohibit overnight parking since the streets are private property. C/M Boggess stated that it was his recollection that it was agreed that it was not a good idea to proceed with this ordinance. There were only a few situations where there is a problem and the Village was going to make an effort to have those individuals cooperate by not parking on the streets overnight. The Village should continue in that regard. C/M Hirschl, as a resident of the Residential District, stated that the problem is not as severe as it had been in the past and the ordinance would be impossible to enforce. He would; therefore, vote against the ordinance. Mr. Gavigan, resident, stated that the action of the Council sounds to him like a taking of property. C/M Boggess moved and C/M Hirschl seconded a motion to deny this ordinance. Vote Taken: A11 Voted Aye Item #6. Ordinances - First Reading A. An Ordinance Amending Appendix A, Section 6-9 of the Zonin Code permitting doctor's offices in the Ocean Front District. The Village Clerk read the ordinance by title. Richard Weiss, Village Attorney, stated that after discussion at the last Council meeting regarding doctors being permitted to advertise new services, he prepared this ordinance. It was decided to permit doctors' offices be permitted in the Ocean Front District in stead of being a convenience establishment under certain conditions. The conditions are: 1) the office can only be entered from the principal building with no outside entrance or store front, 2) no sign or advertising display from the western boundary, 3) limitation on the floor area, 4) the sale or storage of gasoline, oil, grease, etc. is prohibited. Mayor Stern opened the public hearing. tMr. Weiss stated that the offices would now be under no limitation as to who they could serve, only the manner of entry. Asst. Mayor Blank questioned Mr. Weiss about the Harbour House being included with the hotel regulations and reducing the number of rooms to fifty to define a hotel. Mrs. Morris stated that it was determined that the Harbour House has much less than 50 hotel rooms, so that proposal would not be workable. 6/19/90 Reg. Council Mtg. 6. 203 Mr. Weiss advised that this ordinance only addresses medical doctors' offices. However, if Council so desires it can be broadened. C/M Hirschl expressed concern that this ordinance eliminates many other types of "doctors". His concern is that when Dr. Elias, for whose practice this ordinance was prepared, retires and the practice may be taken over by a full service clinic with full advertising, a problem will be created. Mr. Weiss stated that Council could limit the number of doctors in each office. C/M Taplin stated that the average age of residents in the Condominiums on the beach is about 70. These residents have need of doctors in the area. Mayor Stern closed the public hearing. C/M Taplin moved to approve the ordinance on first reading as amended to include medical doctors and dentists. Asst. Mayor Blank seconded the motion. Vote Taken: A11 Voted Aye B. Ordinance amending Appendix A, Section 5-8 of the Code permitting unlimited hedge height with conditions. The Village Clerk read the ordinance by title. Mr. Weiss stated that the change to this ordinance is on page 2, paragraph e. stating that hedges may be maintained without any height limitation provided such hedges are neatly trimmed and do not interfere with traffic or visibility on public rights of way. Mayor Stern opened a public hearing. C/M Hirschl stated that a few residents are concerned that this ordinance will result in a proliferation of hedges with uncontrolled growth. He questioned whether there is provision in the ordinance that would permit the Village to take action against these homeowners in such cases. Attorney Weiss stated this would be handled through the Code Enforcement ordinance. Mr. Bruno recommended that important ordinances affecting homeowners should be discussed during the winter season when more people on here. Mayor Stern closed the public hearing. C/M Boggess moved to approve this ordinance on first reading, seconded by C/M Taplin. Vote Taken: A11 Voted Aye 6/19/90 Reg. Council Mtg. 7. 204 Item #7. Resolutions A. Resolution Endorsing the efforts of Steve Michelson and the Florida Food Recovery project for the needy. The Village Clerk read the Resolution by title. C/M Taplin moved and C/M Hirschl seconded a motion to approve this Resolution. Vote Taken: A11 Voted Aye Resolution No. 409 Passed B. Resolution Urging the Orange Bowl Committee to designate the City of Miami Orange Bowl as the permanent site for the New Year's Orange Bowl Football Game Asst. Mayor Blank moved and C/M Hirschl seconded a motion to approve this Resolution. Vote Taken: A11 Voted Aye Resolution No. 410 Passed Item #8. Reports A. Mayor and Council - None B. Village Attorney 1. Tiberio's Restaurant - the restaurant has filed for bankruptcy under Chapter 11. The Village will file a claim with the bankruptcy court for resort taxes due. 2. Zoning Violation - Ullman - a suit was filed with a pre- trial hearing scheduled for this day before Judge Joan Leonard. Associates of the Ullmans contacted Mr. Weiss with a proposal to settle the matter by complying with the Code and reimbursement of expenses. Mr. Weiss stated that this would be his recommendation. C/M Boggess and C/M Hirschl recommended that the Village proceed with the litigation. C/M Hirschl questioned whether there is a mechanism in place to have the defendant pay the Village's legal fees, to which Mr. Weiss answered in the negative. However, the Code Enforcement ordinance will solve that problem. 3. Wet N' Wild - Meetings have been held with Bob Goodman, the Wet N' Wild people and the County. The matter was removed from County Commissioner Barbara Carey's Committee agenda, at the Village's request, for further study. A major lobbying effort is under way by officials, residents and all others concerned with the matter. Village Officials are planning to go to surrounding communities to garner their support. He is requesting authorization for the Mayor, Village Attorney and Village Manager to go to the other communities. In response to a question from Mr. Gavigan, Attorney Weiss stated that it is his belief this is a political issue rather than a legal one, although he is looking into the legal aspects as well. 6/19/90 Reg. Council Mtg. 8. 2.05 Mr. Gavigan advised Council that notice was given by the County Parks Department that no new seasonal passes would be issued and that there would be a limit of the number of seasonal passes issued. Mr. Gavigan expressed strong opposition to the commercial proposal of Wet N' Wild. He offered his services to actively participate in any lobbying efforts. Asst. Mayor Blank stated that he received information that Wet N' Wild in Orlando does not bring in any tourism to that area. That Disney World is the draw. Mayor Stern stated that many of the motel owners in the Sunny Isles area agree that the attraction would not increase their business, so they are neither for or against the proposal. C/M Hirschl pointed out that the statement made by Mr. Gavigan about limiting the number of passes to be issued to golfers artificially lowers the revenue coming into the area and makes the golf course appear to be a losing operation. There is no advertising in the area announcing that the golf course and tennis complex are there which also adds to the low revenue generated by the complex. Item #9. Other Business Mayor Stern called upon Mr. Lou Brandt, owner of the Regency Hotel and Spa, to make a presentation. Mr. Brandt stated that the State passed a law that requires all hotels over two stories have a smoke detector system in every room with a warning signal at a central location such as the registration desk notifying the management of trouble. This must be accomplished in 1990. The Regency Hotel hired an electrician to do this work to bring the hotel up to Code. The electrician applied for a permit with Dade County which issued the permit. The electrician applied for a permit with Bal Harbour. The electrician was given a punch list of questions and problems to be resolved prior to issuance of a permit. Mr. Brandt stated that items listed have nothing to do with smoke detectors and it is holding up the permit. George Desharnais, Sr. stated that he is addressing "life safety" not just smoke detectors. He said Mr. Brandt is correct in that there is a law that required compliance by October 1, 1989. There have been problems with respect to getting contractors, so the Building Department gave Mr. Brandt a two month extension. In the meantime, a complaint came in with a list of violations from adjoining property owners which were investigated by the Building Department. Approximately 50% of the items listed in the complaint were valid. A letter was written to Mr. Brandt requiring compliance of those items which were valid violations. Mr. Desharnais said a set of plans was received which was 6/19/90 Reg. Council Mtg. 9. 206 prepared by hand and first reviewed by the fire department with their comments all over them. The plan did not provide the information needed by the Building Department. The Building Department is trying to get many of these problems corrected before the Regency opens in the fall. Mayor Stern stated that the matter will be deferred to a meeting with the Village Manager and Village Attorney. C. Village Manager 1. Public Works Department - Authorization to purchase recycling receptacles - The Village received funds from the State in the amount of $4,000.00 to fund the recycling program. Mrs. Morris is asking Council approval to spend $3,777.50 to purchase recycling receptacles to expand the program to collect co -mingled items in the Residential and Low -Rise areas. The containers will be given to the residents. Asst. Mayor Blank moved and C/M Boggess seconded a motion to approve this purchase. Vote Taken: A11 Voted Aye 2. Building Department - Authorization to award a bid for microfilming department records - Mrs. Morris stated that competitive prices were solicited with the low bid from United Micrographics of Miami in the amount of $0.55 per image spread over two budget years. The cost is in line with the amount that is budgeted. C/M Boggess moved and Asst. Mayor Blank seconded a motion to approve this expenditure. Vote Taken: A11 Voted Aye 3. Garber & Goodman - Approval of Advertising Services Agreement - Mrs. Morris stated that this is a renewal of an agreement with the advertising and public relations firm working for the Village with the Resort Tax Committee. The Committee approved the agreement with an increase in the monthly retainer from $4,000.00 without expenses to $4,490.00 including expenses beginning July 1, 1990. C/M Hirschl moved and C/M Taplin seconded a motion to approve this agreement. Vote Taken: A11 Voted Aye (Asst. Mayor Blank absent for the vote) 4. Agreement with Craig A. Smith, Assoc. - for services of Thomas F. Kelsey to develop land development regulations pursuant to State mandate - Mrs. Morris stated that the Village received a grant from the state in the amount of $11,653.00 to get the Village's Concurrency Management Plan in place. The bulk of the 6/19/90 Reg. Council Mtg. 10. 207 plan is completed; however there is continued work to be done and peripheral issues to address. Tom Kelsey is the Chief Planner with Craig A. Smith who would be the individual working with the Village to complete the work needed. The cost for the contract would not exceed the amount of the grant funding. Mr. Thomas Kelsey, Director of Planning for Craig A. Smith Assoc., stated that he prepared a time schedule for completion of the work which must be submitted to the state by the end of November. Asst. Mayor Blank moved and C/M Boggess seconded a motion to approve this contract with the condition that the cost does not exceed the amount of the grant. Vote Taken: A11 Voted Aye Item #9. Other Business A. July 4th Fireworks - Mrs. Morris reminded everyone about the 4th of July fireworks on the beach. B. Satellite Dishes - Mrs. Morris stated that the Sea View Hotel wishes to install a satellite dish. A policy had been established to not issue any permits for the dishes, until certain problems could be resolved which mainly pertained to the Residential area. The dish would be in compliance with the current regulations. Mrs. Morris is asking Council opinion on whether to issue the permit or wait for the ordinance at the July meeting. C/M Hirschl asked whether the new ordinance would change any regulations that would apply to the high rise buildings. Mrs. Morris did not believe it would. Attorney Weiss stated that the ordinance doesn't affect the Ocean Front district at all. Council indicated that if the new ordinance does not affect the Ocean Front and Hotel districts, the permit should not be held up. C. Bob Maute, Manager of Fairfield Manor Apts., urged the administration to issue a permit to the Regency Hotel to paint the outside of the building. Mr. Brandt responded by saying that the building will be painted before the opening. Item #10. Adjourn - C/M Boggess called for a Point of Order and moved to adjourn the meeting, seconded by C/M Taplin. The meeting was adjourned at 11:15 a.m. Attest: ✓�n�i Y1/ Village Clerk Mayor Ste Reg. Council Mtg. 6/19/90 11. (b) The measure on which 1 abstained and the nature of my interest in the measure is as follows: Date Filed c...C44, A t11! 1 reyivf •YL: K , I Signatury' Please see PART C for instructions on when and where to file this form. 4 \ ..,i., . Ick i Y S I St ., PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Florida Statutes (Supp. 1984).] Each state public officer is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs. 1, the undersigned officer of a state agency, hereby disclose that on 19 (a) I voted on a matter which (check one): inured to my special private gain; or inured to the special gain of by whom 1 am retained. (b) The measure on which I voted and the nature of my interest in the measure is as follows: Date Filed Signature Please see PART C below for instructions on when and where to file this form. PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the mcmorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 1112.317(1983), 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 55.000, CE FORM 4• REV. 10-84 PAGE