09/26/2001 (2)
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'ACTION AGENDA
CITY OF CLEARWATER
MUNICIPAL CODe ENFORCEMENT BOARD
September 26, 2001 '~ 3:00 p.m;
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'~':' "" . ~ ,PUB~IC HEARINGS
A~ Case 04~01 ~ (Cant. from 3/28/01)
Edward & Sharon M. McGettrick
2471 Chaucer Street
(Development Code) - Doherty
Withdrawn per Section 7-102.C
B.' Case 07-01 - (Cont. from 3/28/01)
John A. Eifert
1437 Court Street
(Community. Development Code/Landscape) - Kurleman
,. . Withdrawn per Section 7~1 02.C
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',~,:;' , C. Case 36-01,
, New Era Networ,k II Ltd, Partnership
, , 2898 Gulf to Bay Boulevard " '
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., Contd. to 3/27/02 per Section 7-102.C
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D. Case 37~O1
Chauncey Clearwater Trailer Court Inc.
, " c/o Beverly Martin, Tre
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':", 2143 Gulf to Bay Boulevard
(Community Development Code/Landscape) - Kurleman
Contd. to 3/27/02 per Section 7~102.C
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E. Case 38-01
Crisscross Center Company
2729 State Road 580,
(Com,munity Development Code/Landscape) - Kurleman ,
Ordered to comply within 60 days or pay a fine of $1 OO/day.
F. Case 39-01
Dis'coun't Auto Parts, Inc. (Repeat Violation)
1600-1606 N. Myrtle Avenue .
(Community Development Code/Landscape)- Kurlema'n
Ordered to comply by, 9/26/0 1. .Imposed a fine of $1500 for repe'at violations.
2. UNFINISHED BUSINESS
'A, Case 07-988& 30-98 - (Cont. from 7/25/01)
.' Fine Reduction Request
Maria Smith-Pernell for Mary W. Smith
1111 Blanche B. Littlejohn Trail
(Housing and Building Codes) - Wright
, Contd, to 11/28/01. '
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09/26/01
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B. Case 33~01 .; Affidavit of Compliance
. M~lvin Splnoza . .'
. 1632 Drew Street
(Bulldln'g Code) - Co~cia
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Ca'se 34~01 - Affidavit of Compliance
Valerie Hofmeister & Merle Blasjo,Tre.
1 265 lakeview Road .
(Development Code) - Doherty
Accepted.
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. D.. Case 35-0'1 ;... Affidavit of Compliance
Lloyd & Kim Lehan
909 Bruce Avenue
~';':::" : ,~c:~~;::ent Code) Phillips
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:\w<:'.' 3. OTHER BOARD 'ACTION/DISCUSSION
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Contd. to ,1 0/24/01.
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Nasr-Eddin Bawi
1100 Satinleaf Street
Skycre'st Unit B, Blk D, Lot 3
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James Brooks Jr and Cleo Sammons
1404 Taft Avenue
Lincaln Place, Blk 2, Lot 6
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6. APPROVAL OF MINUTES - 8/22/01
Approved as submitted. .
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COD2001-04368
. $ 200.00
COD2001-03400
$ 250.00
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MUNICIPA'L CODE ENFORCEMENT BOARD MEETING
cn:v OF CLEARWATER
September 26, 2001
Present:
. Helen Kerwin .
Lawrence Tieman
David Allbritton
Franke' Huffman
, .Joyce Martin. '
Chair
Vice-Chair
Member
Member
Member
Absent':
Peter Caffentzis
Sheila Cole
Member
Member
,'Also Present:
Assistant' City, Attorney
Attorney for the Board
Secretary for the Board
Board Reporter
LesUe Dougall-Sides
Andy Salzman
Sue Diana ,
Brenda Moses
The Chair called the meeting to o.rder at 3:00 p.m. at City Hall,
To provide continuity' for research, items are in agenda order although not.
necessarily discussed in that order.
" The Chair outlined the procedures and stated any aggrieved party, may
appeal ,a final administrative order of the Municipal Code Enforcement Board to the
Circuit Court of Pinellas County within'thirty (30) days of the execution of the
order. Florida Statute 286.0105 requires any party appealing a decision of this
Board 'to have a record of the proceedings. '
1. PUBLIC HEARINGS
, A. Case 04-01 - (Cont. from 3/28/01)
Edward & Sharon M. McGettrick
2471 Chaucer Street
(Development Code) - Doherty
Per Section 7-1 02(C) of the Community Development Code, as the violation
was corrected prior to the March 28, 2001 meeting, the item was automatically
. continued to this meeting', As no recurrence 'of the violation has occurred, this
, case was withdrawn, '
B. Cass'07-01 - (Cant. from 3/28/01)
John A. Eifert
1437 Court Street
(Community Dev~lopment Code/Landscape) '- Kurleman '.
, ,
Per Section 7-102(C) of the Community Development Code, as the violation
was corrected prior to the March 28, 2001 meeting, the item was automatically
mcb0901
1
09/26/01
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continued to this meeting. As no recurrence of the violation' has occurred, this
case was withdrawn.
C. Case 36-01
New Era Network II L TO Partnership
2898 Gulf to Bay Boulevard
(Community Development Code/Landscape) - Kurleman
This property is now in compliance. Per Section 7-102{C) of the'
Community Development Code this case is automatically continued for six months.
. If there is no recurrence of the violation, the case will be withdrawn at that time.
. D.
Case 37-01
Chauncey Clearwater Trailer Court Inc.
cIa Beverly Martin, Tre
2143 Gulf to Bay Boulevard
(Community Development Code/Landscape) - Kurleman
This property is now in compliance. Per Section 7-'02{C} of the
Community Development Code this case ;s automatically continued for six months.
If there is no recurrence of the violation, the case will be, withdrawn at that time.
E.
Case 38-01
Crisscross Cente~ Company
2729. State Road 580
(Community Development Code/Landscape) - Kurleman
Board Secretary Sue Diana read the Affidavit of Violation and Request for
Hearing. Service was obtained by certified mail.
. In response to a question, Robin Goris, representative for Crisscross Center
Company, said he agreed that a violation occurred, but not on all counts.
In response to questions from Assistant City Attorney Leslie Dougall-Sides,
Inspector Kurleman said City staff observed the violations. On July 17, 2001,
when h~ in'spacted the property, he observed approximately 390 shrubs and 5
'shade trees had declined on the property. Crisscross Center Company had
.submitted a landscape plan in July 2000. He said it appeared that a portion of the
irrigation system was not functioning and'the landscaping had declined due to a
lack of maintenance. A notice of violation was issued on July 18, 2001. He cited
the applicable sections of the Code that pertain to the violations. Upon
reinspection of the property, he found the company had dumped wood shavings in ,
landscaped areas' and moved the parking area without permits. The landscaping
had remained in B declined condition. O'wnership of the property was verified
through the property appraiser's office.
Ms. Dougall-Sides submitted Exhibits 1-7, photographs.
. mcb090 1
2
09/26/01
.~
In response to a question, Mr. Kurleman said Section 3-1204(1) of the Code
covers most of the subject violations for this property. He said a permit Is required
to alter the parking. lot.
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Ms. Goris said Crisscross Center Company's owner is not the owner of CC
Travel. She acknowledged receipt of the notice of violation by certified mail. She
said she had a child two weeks prior to the notice and Crisscross Center Company
was extremely busy, therefore, she did not respond to the violations. She said
originally, when the plants were installed, the company experienced several
hardships. The Planning Department dictated to the Company the number and type
of plants required and where they needed to be placed on the property. She said
she never. had the opportunity to dispute their requirements. Three of the five trees
planted were stolen. An arborist told the company to wait until Spring to replace
the remaining trees as they may have new growth. She said there was 110 problem
with the irrigation system, and that the wiring was. for light posts., She said the
company spent over $14,000 on landscaping and experienced problems with it due
to the drought. She said although the company wishes to comply with Code, it
has experienced financial difficulties. She said she did not realize increasing the
parking spaces was a Code violation. She said she also experienced difficulties
with one of the Planning Department staff who claimed her husband had
. threatened the staff member.. She said that claim was untrue. She re.quested
additional parking spaces. She requested clarification regarding signage on the
property. She stated she was told that if more landscaping was installed, she
could also install additional signage. She said she has always had mulch/wood
.chips down and disputed Inspector Kurleman's remarks regarding same.
mcb0901
3
09/26/01
,I
The Board's role was explained, including the need for Ms. Goris'to discuss
expansion of the parking lot, signage, and the required landscaping with City staff,
not this Board. It was remarked that Crisscross Center Company was permitted to
build their building based on the landscaping plan. Missing plants must be
replaced. If plants were moved around on the property or stolen, the company
should contact staff regarding the requirements to mitigate the situation. It was
noted ,that the City permits additional watering time for new plantings.
Mr. Kurleman said the. City made concessions for setbacks and parking,
therefore additional landscaping was required and Crisscross Center Company
agreed to those requirements. In May, the City was made aware of their difficulty
in obtaining the proper size trees. He felt Ms. Goris should not wait until Spring to
replace the trees. He said even if plants are watered one day a week, they will
survive. For new pJantings, 60 days of daily watering is permitted.
Discussion ensued and it was felt due to the company's financial situation,
60 days would be a sufficient time for the applicant to replace the landscaping and
come into compliance.
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Member Tieman moved that concerning Case No. 38-01 the Municlpal Code
Enforcement Board has heard testimony at its regular meeting. hold on September
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26, 2001, and based on the evidence issued its Findings of Fact, Conclusions of
Law, and Order as folloyvs:
FINDINGS OF FACT - After hearing testimony of Inspector Scott Kurleman
for City and Robin Goris for Respondent, and viewing the evidence, City Exhibits 1-
7 (Ex. 1 - notice of violation dated 7/18/01 and return receipt; Ex. 2 - applicable
code section; Ex. 3 - property appraiser printout; Ex. 4 - affidavit of violation and
request for hearing; Ex. 5 - notice of hearing dated 9/4/01; Ex. 6 - composite"
photos dated 7/17/01 and 9/21/01; and Ex. 7 - landscape plan), it is evident the
property is in violation of the City code in that the landscaping has not been
,maintained in a healthy growing condition and trees and shrubs need to be
replaced. .
CONCLUSIONS OF LAW - The Respondent by reason of the foregoing is in
violation of Section 3-1204 (A)(B)(DHIHL) of the Code of the City of Clearwater,
Florida, in that the Respondent has failed to remedy the cited violation(s).
ORDER - It is the Order of the Board that the Respondent is to correct the
aforesaid violation by within 60' days (11/25/01. The burden shall rest upon the
Respondent to request a reinspection by the Code Inspector, to verify compliance
with this Order.
mcb090 1
4
09/26/01
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In the event the aforesaid violation is found, in subsequent proceedIngs by
this Board, not to have been corrected on or before November 25, 2001, the
Respondent may be ordered to pay a fine in the amount of two hundred fifty. and.
no/100 dollars ($250) per day (this was amended to $1 CO/day) for each day the
violation continues beyond November 25 t 2001.
If Respondent does not comply within the time specified, a certified copy of
the 9rder imposing the fine may be recorded ;n the Public Records of Pinellas
County, Florida, and once recorded shall" constitute a lien against any real or
personal property owned by the Respondent pursuant to Chapter 162 of the Florida
Statutes.
, A fine imposed pursuant to Chapter 1 62 of the Florida Statutes continues to
ac~rue until the violator comes into compliance or until judg'ment is rendered in a
suit to foreclose on a lien filed pursuant to Chapter 162, whichever occurs first.
Any aggrieved party may petition the Board to reconsider or rehear any "
Board Order resulting from a public hearing. A petition for rehearing mustbe made
in writing and filed with the Board Secretary no later than thirty days after the
execution of the Order and prior to the filing of any appeal. Upon receipt of the
petition, the Board will consider whether or not to reconsider or rehear the case.
The Board wi!l not hear oral argument or evidence in determining whether to grant
the petition to reconsider or rehear.
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The motion was duly seconded.
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, ,.
, \ Member Huffman moved to amend the motion by reducing the amount of'
, the ,fine from $250 to $100 per day. The motion to amend was duly seconded and
upon the vote being taken, Members Allbritton, Huffm'an and Kerwin voted "aye."
. Members Martin and Tieman voted "nay." Motion carried.
Upon the vote being taken on the amended motion, Members Allbritton,
Huffman, Tieman and Kerwin voted "aye. II Member Martin voted "nay. II Motion
carried.
F. Case 39-01 ,
Discount Auto Parts, Inc. (Repeat Violation)
1600-1606 N. Myrtle Avenue
(Community Development Code/Landscape) - Kurleman
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Ms, Diana read the Affidavit of Violation & Request for Hearing. Service
. was obtained by certifi.ed mail. '
,;
In response to a question, Aaron ShLitz, representative for Discount Auto
Parts, Inc.; said he did not agree to the violation in full.
, Ms. Douga"~Sides said this is a repeat violation of a previous order dated
May 5, 2000, by the Municipal Code Enforcement Board, The Order stated the
Board could impose a fine without further discussion.
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, In response to questions from Ms. Dougall-sides, Inspector Kurleman said.
the notice of repeat vjolations was mailed on August 9, 2001 for declining shrubs,
qead turf, and refuse and debris on the property. At the August inspection, the
property appeared to be vacant. He said Mr. Shutz contacted him on August 31 ,
2001, indicating he had replaced the shrubs. Mr. Kurleman'said upon reinspection
of the property this week, he found declining/missing shrubs. Only turf had been
replaced. In addition, the applicant has been before the board two previous times.
Ms. Dougall-Sides said the Board can impose up to $500/day fine in repeat
violation cases,
Ms', Dougall-Sides introduced City Exhibits #1-6.
Mr. Schutz disputed Mr. Kurleman's dates regarding reinspection and debris
remaining on the property. ' He said the debris was removed and perhaps other .
debris Vl'as thrown onto the property. He said when the store was closed for a
short perIod of time, the water and electrIcity were shut off. Due to the drought
and the lack of electricity to run the sprinklers, the plants died. He said the
. landscaping has been corrected and feels the turf is coming back on its own. He
felt with irrigation, rain and some grass plugs, the turf would recover. . Mr. Schutz
said there' are approximately 20 other local area businesses with brown turf, He
submitted Defendant Exhibit 1 - photographs of his business and other surrounding
businesses, .
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mcb0901
5
09/26/01
, '
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, In response to a question, Mr. Schutz said he felt within 60 days, 99% of
the turf would recover. Mr. Kurleman disagreed, stating the St. Augustine turf that
died will not come back. He said only weeds are left and felt the sod needs to be
replaced. Ms. Dougall-Sides noted that Mr. Schutz previously had been ordered by ,
the Board to comply~ Mr. Schutz felt he was in compliance and that the turf would
improve.
, Member Allbritton moved that concerning Case No. 39-01 the Municipal
Code Enforcement Board has heard testimony at its regular meeting held on
September 26, 2001, and based on the evidence issued its Findings of Fact,
Conclusions of Law, and Order as follows:
FINDINGS OF FACT'. After hearing testimony of Inspector Scott Kurleman
for City, and' Aaron Shutz, Real Estate Development Manager. representing the
'Respondent, and viewing the evidence, City Exhibits 1 -7 (Ex. 1 - notice of repeat
,violation and affidavit of posting; Ex. 2 - printout from property appraiser; Ex. 3 -
applicable code sections; Ex. 4 - affidavit of violation and request for hearing; Ex.
6 '- notice of hearing; Ex. 6 - Diana letter and attached Order dated 5/5/00; and
Ex. 7 - composite photos prior to 8/30/01) and Defendant's Exhibit 1 (photos of
subject property and properties in the area), it is evident landscaping has not been
maintained in a healthy growing condition and that some groundcover needs to be
replaced,. and the property is in violation of the section(s) of the Code as read into
the record.
rncb0901
6
09/26/01 '
.~f.k'r
i\.~.Il) CONCLUSIONS OF LAW - The Respondent 'by reason of the foregoing is in
violation of Section 3-1204 (B}(I)(L) of the Code of the City of Clearwater, Florida,
that Respondent was found to have violated the same p~ovision by the Board on
August 25, 1999, April 26, 2000 and August 8, 2001, and that Respondent has
committed a repeat violation.
ORDER - It Is the Order of the Board that the Respondent shall comply with
said sectlon(s) of the Code of the City of Clearwater by September 26, 2001. It is
the Order of the Board that the Respondent shall pay a fine in the amount of fifteen
hundred and no/100 dollars ($1,5001 for the repeat violations.
A certified copy of this Order shall be recorded in the public records of
Pinellas County, and once recorded, shall constitute a lien against any real or
, personal property owned by the violator pursuant to Chapter 162 of the Florida
Statutes.
Should the viC?lation reoccur, the Board has the authority to impose a fine at
that time without a subsequent hearing.
u
. ,Any aggrisved party may petition the Board to reconsider or rehear any
Board Order resulting from a public hearing. A petition for rehearing must be made
in writing and filed with the Board Secretary no later than thirty days after the
'execution of t.he Order and prior to the filing of any appeal. Upon receipt of the
petlt,ion, the Board will consider whether or not to reconsider or rehear the case.
"
,,~
The Board will not hear oral argument or evidence In determining whether to grant
the petition to reconsider or rehear. The motion was duly seconded and carried
. unanimously..
2. UNFINISHED BUSINESS
A. Case 07-98 & 30-98 - (Cont.from 7/26/01)
Fine Reduction Request '
Maria Smith-Pernell for Mary W. Smith
1111 Blanche B. Littlejohn Trail .
(Housing and Building Codes) - Wright'
Mc;lria Smith-Pernell, representative for Mary W. Smith, said she has three
more weeks of cosmetic work/repairs to do. She needs to replace interior drywall
and electrical outlets and paint the ext,erior. She already has replaced the electrical,
plu"mbing and the roof. She ,has contacted Miles'Ballogg; the City's Brownfields
Co.ordinator regarding removal of the fuel tank buried on the property. She said the
project has taken some time because she had to install central heat and air and the
associated vents. '
mcb0901
7
09/26/01
It was remarked that at the previous Municipal Code Enforcement Board
meeting, Inspector Bill Wright had stated the contractor indicated approximately
. $20,000 in permit fees were paid for renovation of the home.
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In response to a question, Ms. Diana said the fines for Cases, #07-98 and
#30-98 total approximately ,$60,000.
Mr. Wright said the applicant's 50-day extension by the Building and Flood
Board expired on September 11, 2001. Since then, the applicant has had one
rough electrical and mechanical inspection. He recommended the Board not reduce
. . the fines until the property is in complete compliance.
, 'Ms. Smith-Pernell said her contractor told her the necessary repairs and
inspections would be finished in 3 weeks. Her contractor had indicated to her that
the inspections had been done for the work completed. . Inspector Wright
disagreed. He said no roof, drywall, or other inspections have been done. He said
he has made a minimum of five trips to the property to try to meet the contractor. .
In response to a question, Mr. Wright said it would take a good contractor working
. diligently on the property six weeks to complete the necessary repairs.
Ms. Smith-~ernell said she had spent over $20,000 on the house. She lives
in Washington, D,C. and has an account set up here to pay the sub-contractors. It
was suggested Ms. Smith-Pernell expedite the work.
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Member Tieman moved to continue the request for reduction of fines to the
November 28, 2001, meeting. The motion was duly seconded and carried
unanimously.
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B. Case 33~01 M Affidavit of Compnance
Melvin Spinoza . :
1 632 Drew Street
, '(BuJlding Code) - CoccIa
AND
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Case 34~01 - Affidavit of Compliance
Valerie Hofmeister & Merle Blasjo, Tre.
1 265 Lakeview Road
(Oavetopment Code) . Doherty
AND,
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'Case ~5M01 - Affidavit of Compliance
Lloyd & Kim Lehan '
909 Bruce Avenue'
. (Development Code) Phillips
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Member Tieman moved to accept the Affidavits of Compliance for Cases
33.01, '34-01, and 35.01. The motion was duly seconded and carried
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unanimously.
3. OTHER BOARD ACTION/DISCUSSION.
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A., 'MCEB Rules mid Regulations
It was agreed to postpone this Item until a full Board Is present. Ms. Dougall-,'
Sides said she will be drafting a new proposal regarding liens.
4. NEW BUSINESS
Rob Powers, the City's Industrial Pre-treatment Coordinator, discussed a
recently passed City grease ordinance that would enact requirements for grease
,traps to reduce sanitary overflow in the City's sewer system. In response to a
. question, he said staff also is addressing oil separators.
5. NUISANCE ABATEMENT LIEN FILINGS
" Nasr.Eddin Bawi
, , 00 Satinleaf Street
,Skycrest Unit B, Blk D, Lot 3
: James Brooks Jr a'nd Cleo Sammons
1404 Taft Avenue
Lincoln Place, Slk 2, Lot 6
COD2001-04368
$ 200.00
COD2001 ~03400
$ 250.00
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09/26/01
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Member' Tl~man' mov~d to accept the nuisance abatement lien fi1lng~. The
motion was duly sec~nded 'and. carried unanImously. "
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6. APPRO V ~L OF MIN,UTES - 8/22/0 l'
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" . Member Tieman moved to approve the minutes of the regular meeting of
August.22~ 2001, as submitted in written summation to 'each board member. The.
motion ,was duly seconded and ~arried unanimously.
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7. ADJOURNMENT
, 'Tl:1e meeting adjourned at 4:24 p.m.'
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Municipal Co'de ~nforcery1ent 'Soard "
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