02/12/1986
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MUNICIPAL CODE BNFORCEMlNT BOARD
Meeting of February 12, 1980, 1:00 p.m.
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Public Bearings
(At the time a case is heard and date set
for compliance the Board shall at the same
time set the fee to be assessed in case of
non-compliance. )
a. Case No. 11)4-~5 Druid Oaks Association
(Zoning Code)
Continued t'rom 1-8-86
b. Case No. 196-85 Jack Burnison
(Fire Code)
Continued troll 1-8-86
CoIIp11ed
c. Case No. 1-80 Bangos/Voulgaris
(Fire Code)
d. Case ~o. 2-86 Dixie Carlisle
(Fire Code)
e. Case No. 3-86 Charles Kitzmiller
(Building Code)
f. Case No. 4-86 Helen Russell
(Building Code)
g. Case No. 5-86 Jack Frissina
(Building Code)
ec.plied
h. Case No. 6-80 Lesser/Macarob Apts.
(Fire Code)
eo.plied
i. Case No. 7-136 Williamsburg Place Apts.
(Fire Code)
j. Case No. 8-86 Trade i-linds East Condos
(Fire Code)
k. Case No. 1)-86 Spencer's Western "world
(Sign Code)
eo.plied
1. Case No. 10-86 Moonlight Bay Cafe
(Sign Code)
eo.plied
m. Case No. ll-Bo Nick & Angelo's
(Sign Code)
CoIIplied
ACT ION
1.
l"ublic Bearings
a. Continued to 4/9/86.
b. Withdrawn.
c. Withdrawn.
d. Continued to 3/12/86.
e. Comply within 90 days.
f. Secure bldg. within 7 days;
obtain a contract & clean
out bldg. within 30 days;
bring bldg. into compliance
within 1)0 days. If work is
not complete within 90
days, City to initiate
demolition proceedings.
g. Withdrawn.
h. Withdrawn.
i. Obtain a contract within
30 days; complete work
within an additional 45
days.
j. Obtain a contract within
30 days; complete work
within 60 days.
k. Withdrawn.
I. Withdrawn.
m. 'Ilithdrawn.
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MJNICIPAL COD~ ~~FORC~~~~r BOARD
February 12, l~~b
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i-tembers present:
John Ehrig, Chairman
Robert Aude, Vice-Chairman
Ja:nes Angelis
Robert Hostetler
rim Ambur~y
Adam Midura
Frank :-torris
Also present:
Alan Zimmet, Assistant City Attorney
Cyndie Goudeau, Secretary for the Board
The meeting was called to order by the Chairman at 1:00 p.m. in
the Commission Meeting Room in City Hall. He outlined the procedures anj
advised any aggrieved party may appeal a final administrative order of
the Municipal Code Enforcement Board to the Circuit Court of Pinellas
County. Any such appeal must be filed within thirty (30) days of the
execution of the order to be appealed. He noted that Florida Statute
2tlb.010S requires any party appealing a decision of this Board to have
a verbatim record of the proceedings to support such an appeal.
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PUBLIC HEARIHGS
CASE NO. 194-85
Druid Oaks Association
(Zoning Code)
Continued from 1-8-86
The Assistant City Attorney requested the case
Oaks Association has applied for a variance and are in
the fence height. l1r. Aude moved to continue Case Ho.
meeting of April ~, lytl6. The motion was duly seconded
unanimously.
be continued
agreement
194-85 to the
and carried
as Druid
re3arding
CASH NO. 196-85
Jack Burnison
(Fire Code)
Continued from 1-8-86
The Assistant City Attorney requested the case be withdrawn as the
violations have been corrected. Mr. ~idura moved to withdraw Case Ho.
196-85. The motion was duly seconded and carried unanimously.
CASE NO. 1-86
Bangos/Voulgaris
(Fire Code)
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The Assistant City Attorney requested the case be withdrawn as the
violations have been corrected. Ar. Hostetler moved to withdraw Case
No. 1-86. The motion was duly seconded anj carried unanimously.
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February 12, l~~b
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CASE NO. 2-66
Dixie Carlisle
(Fire Code)
Fire Inspector Chris Kingsley stated he had spo~en to Ms. Carlisle
and she indicated she has contracted for the fire alarm system but is
requesting an extension of time. Ms. Carlisle stated the work should be
done within o~e month. ~r. Aude moved to continue Case No. 2-86 to the
meeting 0 f i1arch 12, 1 ~Hb. The motion was duly seconded and carried
unanimously.
CASE NO. 3-86
Charles Kitzmiller
Island View Condominiums Association
(Building Code)
To~ Chaplinsky, Building Inspector, stated this condominium Has
originally inspected in June, 1y85. At that time, the stai~s, porches,
and railings were deteriorating and in need of replace~ent and the second
story landings were cracked and sag~ing and leaking onto the porch below.
Upon reinspection, he found the buildings still in violation.
John Cockrill, a condominium owner, stated some railings are missing
and the situation is hazardous. Charles Kitzmiller, President of the
Condominium Association, stated he rlas no dispute with the violations,
but is in ignorance as to how to handle the situation. He has made numerous
attempts to obtain estimates, but the building is 20-22 years old and it
is very difficult to obtain workable blueprints.
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!'1r. Amburgy moved that concerning Case tlo. 3-66 re: violation of
Section 143.01 of the Clearwater City Code, specifically the Standard
Housing Code, l<J7Y Edition, Sections 305.5 and 101.5. having a legal
description as follows: Island View Condo Subdivision; Section B; Range
2Y, E; Township 15, Si aka 231 & 241 Skiff Point Rd., Clear~atel', Florida.
The Municipal Code Enforcement Board has heard testimony at the
:1unicipal Code Enforcement Board hearing held the 12th day of' February,
19t36, and based on the evidence, the t1unicipal Code Enforcement Doarj
enters the following Findings of Fact, Conclusions of Law, and Order.
The Flndi~ of Fact are: The Board received testimony of Tom
Chaplinsky, John Coc~rill, and Charles Kitzmiller concerning the staircases
and railings at Island View Condominiums.
The Conclusions Of Law are: The staircases amd railings are in
violation of the above referred sections of the City Code.
It is the Order of this Board that Island View Condominiums
Association shall comply with Sections 305.5 and 1U1.5 of the Standard
Housing Code of the Code of the City of Clearwater within 90 days. If
Island View Condominiums Associsation does not comply Hithin the time
specified, they shall pay a fine of $50.00 per day for each day the
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violation continues to exist. If Island View Condominiums Association
does not comply within the time specified, a certified copy of this Order,
together with an Affidavit of ~on-Compliance, shall be recorded in the
public records of the Office of the Cler~ of the Circuit Court in and for
Pinellas County, and once recorded shall constitute a lien against real
or personal property ownej by Island View Condominiums pursuant to Chapter
32-37 Laws of Florida, lyti2. Upon complying, Island View Condominiums
AS3ooiation shall notify Tom Chaplinsky, the City Jfficial who shall
inspect the pr~perty and notify the Board of compliance. Should a dispute
arise concerning compliance, either party may request a further hearing
before the Board. The motion was duly seconded and carried
unanimously.
DoDe and ordered this 12th day of February, l~tlb.
CASE NO. 4-86
Helen Russell
(Building Code)
Tom Chaplinsky, Building Inspector, stated this is a single family
dwelling. He visited the property the morning of the hearin3, - the
bUilding is still unsecured and a vagrant was inside the building. Most
windows are now secured, but there are missing panes and sashes. The
building has miscellaneous items stored and much debris, such as piled
newspapers, old lawn chairs, mattresses, etc. ;1r. Chaplinsky stated he
feels the situation is a fire hazard and unsanitary.
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The City submitted 8xhibit Ul - a copy of a letter dated Y/26/U5 to
~rs. Russell, 8xhibit U2a throu~h j - photographs of the interior of the
building, Exhibit U3a and b - photo~raphs of the exterior of the building.
Mrs. Helen Russell stated she works nights and sleeps in the daytime
and has very little time to work on fixin3 up the property. She has had
a new roof installed, painted the exterior and boarded up the windows.
She stated vagrants break in but she is attempting to secure the property.
Discussion ensued regarding the fact that this is the same property
cited in l~tll and the violations have existed since that time. It was
pointed out Mrs. Russell has paid over $7,000 in fines which could be used
to renovate and rehabilitate the property. When questioned how much time
she would need to complete the renovations, Mrs. Russell stated she should
be able to do it in 0 months. The building has sentimental value to her
and she does not wish to see it torn down.
:1r. Aude moved that regarding Case No. 4-86 re: violation of
Section 133.01 & 133.02 now renumbered 138.01 & 138.02, Section 103.4
of the Standard Bu11ding Code as amended of the Clearwater City Code on
property having a legal description as follows: Lot Y, Block G, Plaza Park
Subdivision; aka ~lb Plaza Street.
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The Municipal Code Enforcement Board has heard testimony at the
11unicipal Code Enforce~ent Board hearing held the 12th day of February,
1~8b, and based on the evidence, the Municipal Code Snforcement Board
enters the followin~ Findings or Fact, Conclusions of Law, and Order.
The Findings or Fact are: Testimony by the City consisting of
verbal and docu~entary evidence was submitted of substantial defects
existin~ in the building located at ~16 Plaza Street.
The Conclusions or Law are: Violations of the Code do exist and
the structure is declared an unsafe building.
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It is the Order of this Board that Mrs. Helen Russell shall comply
with Sections 133.01 & 133.02 now re~umbered 138.01 & 138.02 of the Code
of the City of Clearwater within 7 days securing the building in
accordance with the specifications of the City set out in the Notice of
Unsafe Building dated 9/26/85; within 30 days cleaning out the structure
~nd obtaining a contract to correct the remaining defects and within 90
days completing work an1 bringing buildin~ into compliance. Further,
if the building is not in compliance within 90 days the City shall
institute demolition procedures. If ~rs. Russell does not comply within
the times specified, she shall pay a fine of $15.00 per day for not
securin3 the building \~ithin 7 days; an additional $15.00 per day for
not cleanin3 out the building and obtaining a contract within 30 days;
and an additional $20.00 per day for not completing work and reaching
compliance within 90 days for each day the violation(s) continues to exist,
resulting in a possible total of $50.00 per day fine. If Mrs. Russell
does not comply within the time specified, a certified copy of this Order,
together with an Affidavit of Non-Compliance, shall be recorded in the
public records of the Office of' the Clerk of the Circuit Court in and for
Pinellas County, and once recorded shall constitute a lien against real
or personal property owned by Mrs. Russell, pursuant to Chapter 82-31 Laws
of Florida, 1982. Upon complying, Mrs. Russell shall notify Tom
Cbaplinsky, the City Official who shall inspect the property and notify
the Board of compliance. Should a dispute arise concerning compliance,
either party may request a further hearin3 before the Board. Tne motion
was duly seconded and carried unanimously.
Done and ordered this 12th day of February, 1986.
The Board recessed from 2:40 to 2:48 p.m.
CASE NO. 5-86
AND
CASE NO. 6-86
Jack Frissina (Building Code)
Lesser/~acarob Apts. (Fire Code)
The Assistant City Attorney requested Cases 5-86 and 6-86 be
withdrawn as the violations have been corrected. 11r. Amburgy moved to
withdraw Cases 5-8b and b-~b. The motion was duly seconded and
carried unanimously.
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CASE NO. 1-86
Williamsburg Place Apts.
Metco Development Corp.!
:-fetz & '.~hite, Inc.
(Fire Code)
Harry Mattheus, Life Hazard Safety Inspector, stated he originally
inspected the property on August 20, ly85. The apartments are two story
structures; 10 buildings with 12 units per buildin~. There is no manual
fire alarm system installed.
City submitted 8xhibit #1a-c - three photographs of tne property taken
February 3, 1YSo; 8xhibit #2 - a copy of a letter from Ja~es Lathrup, Chief
Life Safety Engineer, dated January 2H, ly8b; Exhibit '3 - a copy of the
ly81 Life Safety Code, Section 1~-3.4.1; and Exhibit "4 - a previous
order of the Code Enforcement Board with the same interpretation.
John Haggitt, Attorney representing Metco Development Corp., submitted
defendant's exhibit #1 - 2 copies of the plans of the Williamsburg Apts.
Harry Mattheus stated that according to Section lY-3.4.1, the Life
~afety Code requires buildings with more than 11 units per building to
have a manual fire alarm system. Chapter 7, Section 0.3.5 refers to
occupant notification only; the exception for 2 hour separations are for
zone stage evacuation, used in high-rise structures. ~r. Mattheus stated
he contacted James Lathrup from the NFPA for an interpre,tation of the Code.
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Mr. Haggitt stated the property owner is not contesting the absence
of a fire alarm system but believes it is not required due to the two hour
separation in the bUildings.
Discussion ensued regarding the definition of the term 'compartment'
used in the code and also regarding what creates a fire wall. Inspector
Mattheus stated a fire wall consists of a four hour separation, not a two
hour. The four hour separation creates separate buildings.
Mr. Amburgy moved that regarding Case No. 1-8& re: violation of
Section 19-3.4.1 ot the 1985 NFPA Life Safety Code of the Clearwater
City Code on property having a legal description as follows: Pinel1as
Groves, SW~ Sec. lY12Y!10, that part of Lot 10 described as beginning
at the NE corner of said lot, thence S 211.9 ft., thence W 13~.Y5 ft.,
thence N 8.59 ft., thence W 33 ft., thence N 204.5B ft., thence E 171.52
ft. to POB and Pinellas Groves SW~ Sec. 19/2~/1b, that part of Lot 10
described as beginning at ~W corner of said lot, thence E 133 ft., thence
S 204.58 ft., thence E 35 ft., thence S By ft., thence E 138.95 ft., thence
S 410 ft., thence W 305 ft., thence N b22 ft. to POB; aka 2230 Nursery Rd.
The Municipal Code Enforcement Board has heard testimony at the
Municipal Code Enforcement Board hearing held the 12th day of February,
198b, and based on the evidence, the Municipal Code Enforcement Board
enters the following F1ndinga of Fact, Conclusions of Law, and Order.
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The Findings of Fact are: Hearing the testimony of Harry ~attheus
and viewing City 8xhibits 1 and 2 and finding that each building contains
more than 11 units brings this complex under the requirements of Sec.
1Y-3.4.1 of the 1985 NFPA Life Safety Code.
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The Conclusions of Law are: Williamsburg Place Apts. are in
violation of Sec. 19-3.~.1 of the 19t15 ~FPA Life Safety Code.
It is the Order of this Board that Metco Development Corp. and Metz
& White, Inc. shall comply with Section lY-3.4.1 of the 1~85 NFPA Life
Safety Code by obtaining a contract within 30 days and completing the
work in an additional ~5 days. If Metco Development Corp. and Metz &
White, Inc. do not comply within time specified, they shall pay a fine
of $25.00 per day for not obtaining a contract within 30 days and an
additional $50.00 per day for not completing the work within an
additional 45 days, each day the violation(s) continue to eKist. If Metco
Development Corp. and Metz & White, Inc. do not comply within the time
speCified, a certified copy of this Order, together with an Affidavit of
Non-Compliance, shall be recorded in the public records of the Office of
the Clerk of the Circuit Court in and for Pinellas County, and once
recorded shall constitute a lien against real or personal property owned
by Metco Development Corp. and Metz & White, Inc., pursuant to Chapter
82-37 Laws of Florida, 1~82. Upon complying, Metco Development Corp. and
Metz & White, Inc. shall notify Harry Mattheus, the City Official who
shall inspect the property and notify the Board of compliance. Should
a dispute arise concerning compliance, either party may request a further
hearing before the Board. The motion was duly seconded and carried
unanimously.
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Done and Ordered this 12th day of February, 1y86.
CASE NO. 8-86
Trade Winds East Condos
(Fire Code)
Harry Mattheus, Life Hazard Safety Inspector, stated he inspected
this property in September, 1985. The property was an apartment complex
and has since been converted to condominiums. There are a total of 20
buildings; 11 buildings have 12 units and there is no manual fire alarm
system.
City submitted Exhibit U1a-g - 7 photographs of the property taken
January 27, ly86; EKhibit #2 - two sets of plans dated 1972; Exhibit #3
- a copy of the letter from James Lathrup, Chief Life Safety Engineer for
the NFPA, dated January 28, 1980; Exhibit 84 - a copy of the same section
of the 19B1 Code; EKhibit #5 - a preVious case dated September 12, 1984
with the same interpretation.
Mr. Eric Pederson, Consulting Engineer and a resident of Trade Winds
East Condos, distributed to the Board copies of his letters to Mr. Mattheus
and also an architectural analysis of the building. Mr. Pederson stated
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he had spoken with a menber of the St. P~tersburg Fire Dept. who interprets
the two-~our separation in the Code as constituting separate buildings,
not requiring the manu3l fire alarm system.
t1r. Jack Nata, President of Mata Enterprises, Property .1anagement
Co~pany for Trade i1inds East Condos Association, stated a contract had
been obtained and worl{ started on the alarm system prior to the
interpretation of the e~ception. Materials would still have to be ordered
and the contract reinstated. Mr. Mata estilnated it would take at least
60 days for the work to be completed. ~r. Pederson stated Mr. Mata
obtained the contract for the fire alarm system without the approval of
the Board of Directors of the Condominium Association.
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Hr. Amburgy moved that regarding Case No. 8-86 re: violation of
Section 19-3.4.1 or the 1985 NFPA Life Safety Code of the Clearwater City
Code on property having a legal description as follows: From the
~orthwest Corner of the Northwest k of Section 1b, Township 2YS, Range 16~,
Pinellas County, Florida, run S.8~o27'5b"E, 1,338.06 feet to the 40 Acre
line (Centerline of Haines Road)j thence S.00037'03"W, along said 40 Acre
line, 1,Y20.57 feet, to the South line of Downing Sub., as recorded in Plat
Book 2b, Page 7~, Pinellas County Records; thence S.8y027'5b"E, along the
South line of Downing Sub., 50.00 feet to the East right-of-way of Haines
Road for a Point of Beginningj thence continue S.~9027t56"E, 1,23~.10
feet to the West right-of-way of Bayshore Boulevard; thence S.ooo37'03"~,
200.00 feetj thence S.08009'57"'.-I, 151.34 feetj thence N.~y027'5b"l~,
2~0.12 feetj thence S.00037'03"W, 140.00 feetj thence 3.8y027'5b"E,
20~.bO feet, thence S.30030'Ob"W, 2Y.52 feet; thence N.~~o21'5b"~,
7b4.4Y feetj thence ~.OOo37'03"E, 1b.00 feet; thence N.~y027'5b"W,
35~.50 feet to the East right-of-way of Haines Road; thence N.00031'U3"E,
1Y~.57 feet; thence N.Hy027'5b"E 433.00 feet thence N.00037'03"E,
100.00 feetj thence N.8go27'5b"W, 433.00 feet to the East right-of-way
of Haines Roadj thence N.OOo37'03"E, 200.00 feet to the Point of
Beginning.
The I1:.micipal Code Enforcement Board has heard testimony at the
MuniCipal Code Enforcement Board hearing held the 12th day of February,
198b, and based on the evidence, the Municipal Code Enforcement Board
enters the following Findings of Fact, Conalusions of Law, and Order.
The Findings of Fact are: Based on the testimony of Erik Pederson,
Harry Mattheus and John Mata, and eKa~ination of City Exhibits 1-5 and
defendant E~hibit 1, Trade Winds East Condominiums consists of 20
bUildings, 11 of Hhich contain 12 units and do not have a fire alarm system
installed.
The Conc1usions of Law are: Trade Ninds East Condo is in violation
of Sec. 19-3.4.1 of the 1985 ~FP~ Life Safety Code.
It is the Order of this Board that Trade Winds East Condo shall
comply with Section 1~-3.4.1 of the 1~85 NFPA Life Safety Code of the Code
of the City of Clearwater by Obtaining a contract within 3D days and
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by completing the wor:< within 60 days. If Trade \Hnds East Condo does
not co~ply within the time specified, they shall pay a fine of $25.00
per day for not obtainin~ a contract within 30 Jays and an additional
$50.00 per day for not completing the work within bU days, for each day
the violations continue to exist. If Trade Winds East Condo does not not
comply within the tlme specified, a cartified copy of this Order, together
with an Affidavit of Non-Compliance, shall be recorded in the public
records of the Office of the Cler~ of the Circuit Court in and for Pinellaa
County, and once recorded shall constitute a lien against real or personal
property owned by Trade Ainds ~ast Condo pursuant to Chapter ~2-31 Laws
of Florida, 19~2. Upon complying, Trade ~inds East Condo shall notify
Barry Hattheus, the City Official who shall inspect the property and
notify the Board of compliance. S~ould a dispute arise concerning
~ompliance, either party may request a further hearing before the Board.
The motion was duly seconded and carried unanimously.
Done and ordered this 12th day of February, 1~8b.
Mr. Ehrig instructed Harry Mattheus to contact the St. Petersburg
Fire Marshal regarding their interpretation of this code.
Mr. Hostetler left the meeting at 4:4~ p.m.
CASE NO. 9-86
CASE NO. 10-86
CASE NO. 11-86
Spencer's Western World (Sign Code)
~oonli3ht Bay Cafe (Sign Code)
~ick & An3elo's (Sign Code)
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The Assistant City Attorney
violations have been corrected.
10-86. & 11-66. The motion was
requested the cases be withdrawn as the
t'1r. Aude moved to Hithdraw Cases 9-86.
duly seconded and carried unanimously.
UNFINISHED BUSINESS
CASE NO. 195-85
B Young at Heart
Affidavi t of' Compliance
Mr. Aude moved to accept the Affidavit of Compliance in Case Yo.
195-85. The 1Il0tion was duly seconded and carried unanimously.
OTHER BOARD ACTION
Lien Status Report
The Assistant Attorney stated a default judgement has been received
in Case No. 51-83 - Einstein Boykins and the property is to be sold.
Case No. 58-83 - Charles Robinson - Discussion ensued regarding
the feasibility of foreclosing on this property. No action was taken.
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Case Mo. 113-85 - Donna Leadbetter - Discussion ensued regarding
the date of compliance. Consensus was for the Secretary to advise the
Housing Inspector to use the date of the letter from the Attorney as the
compliance date.
Case Mo. 132-85 - Church of Scientology -
the status of this case from the Fire Inspector.
The Board requested
Case Mo. 148-85 - Nor~an Eie - The Assistant City Attorney stated
the appeal of this case is to be heard prior to the next Boar1 meeting.
NEW BOSIlfESS
Mr. Amburgy requested that copies of HFPA 101, tbe Life Safety Code,
be given to the Board members.
MINUTES
The Chairman presented the minutes of the meeting of January e, 1~8b,
for consideration. Mr. Amburgy moved the minutes be approved as
submitted. The motion was duly seconded and carried unanimously.
The meeting adjourned at 5:05 p.m.
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Attest:
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Q. n.
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