11/28/2001 (2)
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ACTION AGENDA
CITY OF CLEARWATER
MUNICIPAL CODE ENFORCEMENT BOARD
November 28, 2001 - 3:00 p.m.
1. PUBLIC HEARINGS
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'A., Case 4~-01 (Contd. from 10/24/q1)
~omp!ete A,utomotive Repair
203 S. Myrtle Avenue
,(Development Code/Sign) - Fox
ACTION: Comply within 45 days or $150/day
'B. Case 42-01 (Contd.frorn 10/24/01)
, Richard A. Hoffman and Maxine I. Nordmann
, ,'1919 Kings Highway
., . IBuil~ing Code) - Coccia
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',' -:> : 'ACTION:, Continued to 1/26102
'c. Case 43:01
. Robert Schoeller
" , , .630 Drew Street
'" " ' ',. (Buildi89 Codel - Wright
;::'.-" '" ACTION:' Continued to'5/22/02 per Section 7-102(C)
. ' 0,' Case 44-01 .
::::,,0 ,'.. American Infoage
. . 505 Virginia Lane
(Development Code/Landscape) ,- Kurleman
ACTION: Comply within 60 days or $100/day
E..., Case 45-01 .
Irene L. McClimans
1209 EdenviHe Avenue
(Building, Code) - Coccia
, '.. "ACTION: 'Continued t<? 1/23/02
'2. UNFINISHED BUSINESS
A. Case 07-98 & 30-98 - (C~nt;,from9/26/01)
Fine Reduction Request
Maria Smith-Pernell for Mary W. Smith
.'111 Blanche B. Littlejohn Trail
;', (Housing and Building Codes) - Wright
ACTION: Continued to 1/23/02
" '
,." B.
Case 02~01. Affidavit of Compliance
Jua'n & Mark J. Costa
613 S. Duncan Avenue
(Building) Coccia
Accepted
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" UACTION';
11/28/01
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, C,. CaS,e 41~98 - Afflda"lt of Compliance
· , Abdelmaged M. & Gall Ahmed . ,
'1505.N. Ft. Harrison Avenue
, (Building Code) Hinson ' .
ACTION: Accel?ted
',3~, OTHER BOARD ACTION/DISCUSSION
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A; Rules of Procedure. Approved
~. NEW BUSINESS - None
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5. NUISANCE ABATEMENT LIEN FILINGS - Accepted
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, Viora' Caba
, .1970 Rainbow Drive
Skycrest Unit 8, Blk B, Lot 1 2 '
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"Robert:,Taupier , '
2812 Candle wood Street ,
Woodvalley.Unit 2, Blk 6, Lot 13
Benjamin Philip Homes Inc '
1 540 Laura Street, .
Crest Lake Sub, ~Ik' E, Lot 14 '
. .-Trisha Jacobs
718 Fairwood Forest Drive
Fairwood Forest, Lot 1 02
Roma'Square Inc
2009 Gulf to' Bay Boulevard
Midway Sub,' Lots' 3, 4.and 5
Edward and Marie Finch 1\1 '
2226' Claiborne Drive
, Mprningside Est~tes Unit 1, Lot ,11~,
COD2001-05490 and 05492 :
$ 400.0~ .
COD2001~04635,
$ 250.00'
COD2001-05032
$ 281.00 . .
, COD2001-05212
$ 250.00
, ,
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COD2001-05796
$ 200.00
COD2001 ~05621
$ 250.0'0
"
~. APPROVAL OF MINUTES. 10/24/01,.'Approved
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MUNICIPAL CODe ENFORCEMENT BOARD MEETING
CITY OF CLEARWATER
Nove~ber 28, 2001
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'Present:
Lawrence Tieman
David Allbritton
Franke Huffman
Joyce Martin
Kevin Telsmann
Sheila Cole
Peter Caffentzis
Vice-Chair
Member
Member
Member
Member
Member
Member
. ,
Also Present:
Leslie Dougall-Sides
Andy Salzman
Sue Diana
Brenda Moses
Assistant City Attorney
Attorney for the, Board
'Secretary for the Board
Board Reporter
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The ,Vice-Chair called the meeting to order at 3:02 p.m. at City Hall.
To provide continuity for research, items are in agenda order although not
, necessarily discussed in that order. .
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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
, , ~inellas 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 40-01,(Contd. from 10/24/01)
Complete Automotive Repair
203 S. Myrtle Avenue
(Dev~lopment Code/Sign) - Fox
Board Secretary Sue Diana read the Affidavit of Violation and Request for Hearing.
, Service on the notice of hearing was obtained by certified mail.
In response to questions ,from Assistant City Attorney Leslie Dougall-Sides,
Inspector Ma,ry Fox stated upon initial inspection of the property on October 23, 2000; she
observed a freestanding sign in the right-of-way. The sign dimensions exceeded size
requirements per Code. The current property owner had been given an amortization letter
regarding sign~ge' regulations and ,subsequently removed only the top panel of the sign.
Ownership was verified through the property appraiser's office. The sign continues to
violate the minimum setback requirements of 5 feet. The sign also violates current Code
that permits only monument signs on this property in this location. Ms. Fox said on July
20, 2001, a notice of violation was issued to the property owner and posted at City Hall.
o Upon reinspectlon, Ms. Fox said the property remains in violation of the development code'
mcb1101
1
11/28/01.
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as It pertains to signs. She said tho sign would have to be removed in order to come into
compliance and If replaced, must be' a monument-type sign located 5 feet from the
sidewalk. '
, '
Ms. Dougall-Sides submitted City Exhibits 1-10, photographs and a survey depicting
the dimensions and location of the sign on the property.
In response to questions, Ms. Fox said the right-at-way generally begins 1 foot from
the sidewalk on the building side ot the sidewalk, and extends 5 feet. She said the entire
sign structure must be, set back 5 feet from all property lines. She described a monument
sign and gave the ,allowable dimensions. Monument signs in the downtown district are
permitted at a maximum height of 4 feet. Ms. Dougall-Sides read the definition of a
monument sign as stated in the Code.
I
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Len Lovin, property owner, said he has owned the property for 30 years and the
sign has existed for nearly 32 years. He said he believed there was a Utaking" ot the
property at one time and the sign was originally 3 inches over the property line. He said it
Is difficult ,for a business to survive in the 'downtown. ' He ignored the 3-inch encroachment
Into the setback because he thought the sign may have fallen under a grandfather
provision. He said at one time he was willing to spend money to make any necessary
changes to Improve the property because of numerous plans over the years to revitalize the
downto~n. He now feels nothing will ever change. '
In response to a question, Ms. Fox said October 13, 1992, was the compliance date
for Mr. Levin to comply with the sign Code and staff is just now addressing this particular
property.
In response to a question, Mr. Levin said bringing the sign into compliance now
,~ould not affect the tenant's ability to do business. It was remarked that the base of the,
sign is only 3 Inches Into the right-of-way, but the top of the sign significantly juts over the
sidewalk into the right-of-way.
D,lscussion ensued regarding a sufficient timeframe to bring the property into
compliance as the holidays are approaching. Mr. Levin felt he needed 45 days to comply.
Member Huffman moved that concerning Case No. 40-01, the Municipal Coda
Enforcement Board has heard testimony at its regular meeting held on November 28, 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 Mary Jo Fox for City and
Len levin for Respondent, and viewing the evidence, City Exhibits 1-10 (Ex. 1 - notice of
violation; Ex. 2 - code sections; Ex. 3 - affidavit of posting; Ex. 4 - property appraiser
printout; Ex. 6' - amortization letter; Ex. 6 - information summary; Ex. 7 - survey; Ex. 8 -
affidavit of violation and request for hearing; Ex. 9 - notice of hearing; and Ex. 10 - .
composite pho'tos dated 10/23/00, 2/21/01,4/9/01 and 7/20/01), it is evident the property
is in violation of the City code in that a freestanding pole sign is locat~d in public right-of-
way and freestanding pole signs are not allowed in the downtown district.
mcb1101
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11/28/01
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CONCLUSIONS OF LAW: The Respondent by reason of the foregoing is in
violation' of Sections 3-1803(L)(Y) of the Code of the City of Clearwater, Florida, in that the
Respondent has falled to remedy the cited violation(s).
ORDER: It is the Order of the Board that the Respondent is to correct the aforesaid
violation within 45 days (January 12, 2002). The burden shall rest upon the Respondent
to request a reinspection by the Code Inspector to verify compliance with this Order.
In the event the aforesaid violation is found, in subsequent proceedings by this
Board,' not to have been corrected on or before January 12, 2002, the Respondent may be
ordered to pay a fine in the amount of one hundred fifty dollars and no/100 ($150.00) per
day for each day the violation continues beyond January 12, 2002.
If Respondent ,does not comply within the ,time, specified, a certified copy of the
Order imposing the fine may be recorded in 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. .
Should the violation reoccur, 'the Board has the authority to impose the fine at that
time without a subsequent hearing.
Any, aggrieved party may petition the,Board to reconsider or rebear 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 the Order and prior
to the filing o.f any appeal. Upon receipt of the petition, 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.,
B. Case 42~01 (Cont'd. from 10/24/01)
Richard A. Hoffman and Maxine I. Nordmann
1919 Kings Highway
(Building Code) - Coccia
Continued to 1/26/02
,Staff has requested that Case 42-01 be continued. Member Cole moved to
continue Case 42-01 to the January 23, 2002, meeting. The motion was duly seconded
and carried unanimously.
C. Case 43~01
Robert Schoeller
'630 Drew Street
< (Building Codel - Wright
Member Huffman moved to continue Case 43-01 to the May 22, 2002, meeting per
Section 7~1 02(C) of the Community Development Code. The motion was duly seconded
and carried unanimously.
'mcb1101
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11/28/01
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D. Case 44-01
American Infoage
506 Virginia Lane
(Developmen, Code/Landscape) - Kurleman
Board Secretary Sue Diana read the AffidavIt of Violation and Request for Hearing.
Service on the notice of hearing was obtained by certified mail and by posting the' property.
In r,esponSB to questions from Assistant City Attorney Leslie DougallwSides,
In,spector Scott Kurleman said he noticed declining, dead, and missing plant material at this
property while inspecting an adjacent property. He said approximately 155 shrubs, 154
ground cover plants, 7 live oaks, and 9 crepe myrtles were required at the property
according to a previously submitted and approved landscape plan. The initial inspection
was done on August 22, 2001 at which time he issued a notice of violation. He said
Irrigation is present but appare!1tly not working properly.
Ms. DougaU-Sldes submitted Exhibits 1-7, photographs, and a landscape plan for the
property.
Mr. Kurleman said since the initial inspection on August 22, 2001, the property
owner has Installed some new shrubs.
Jim Bandurant, Chief Operating Officer for American Infoage, said he did not
contest the violation. He said the company has experienced some financial difficulty and
with the ongoing drought and problems with the irrigation system has not been able to
replace all the plant material. He said the irrigation' system had been damaged for some
time, which caused the plants to decline. He said he has to install a new well system. He
requested the landscape plan be modified as it included too many high maintenance plant
materials that would not withstand the drought. It was remarked that Mr. Bonderant
would have to request modifications to the landscape plan through the Planning
Department. In response to a question, he requested 46 days to comply because of the
upcoming holiday season~
Member Cole moved that concerning Case No. 44-01 the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on November 28, 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 Kurlema~ for City
and Jim Bandurant for Respondent, and viewing the evidence, City Exhibits 1-7 (Ex. 1 - .
notice of violation and return receipt; Ex. 2 - code sections; Ex. 3 - property appraiser
printout; Ex. 4 - affidavit of violation and request for hearing; Ex. 6 - notice of hearing; Ex.
6 - landscape plan; and Ex. 7 - composite photos dated 8/22/01 and 11/27101), it is
evident the property is in violation of the City code in that the required landscaping has
been neglectod, landscape has not been maintained in a healthy growing condition; several
trees have died and the irrigation system is not functional.
mcb1101
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11/28/01
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CONCLUSIONS OF LAW: The Respondent by reason of the foregoing is In violation
of, Section 3.1204 (A},(B),(D),(I),(L), of the Code of the City of Clearwater, Florida, in that
the Respondent has failed to remedy the cited vlolatlon(s).
ORDER: It Is the Order of the Board that the Respondent is to correct the aforesaid
viol~tlon within 60 days (January 28, 2002). The burden shall rest upon the Respondent
to request a roinspection by the Code Inspector to verify compliance with this Order.
In the event' the aforesaid violation Is found, In subsequent proceedings by this
Board, not to have been corrected on or before January 28, 2002, the Respondent may be
ordered to pay a fine in the amount of one hundred and no/100 dollars ($100.001 per day
for each day the violation continues beyond January 28, 2002. '
, 'If Respondent does not comply within the time specified, a certified copy of the
Order imposing the fine may be recorded in 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 1 62 of the Florida Statutes.
Should the'violation reoccur, the Board has the authority to impose the fine at that
time without a subsequent hearing. '
Any aggrieved 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 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 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.
E. Ca'se 45~01
Irene L. McClimans
1209 Edenville Avenue
(Building Code) - Coccia
Board Secretary Sue Diana read the Affidavit of Violation and Request for Hearing.
Service was obtained by certified mall.
In response to questions from Ms. Dougall-Sides, Inspector. Mike Coccia said on
September '11, 2001,. he received an anonymous complaint regarding a residential '
" swimming pool without permits or inspections, at which time he red tagged the property.
He said the property owner had applied for a permit but had performed the work before the
permit was approved. She had an above ground pool Installed in ground. . He said the
manufacturer's specifications do not allow the pool to be placed below ground level. He
said he spoke to the 'homeowner on numerOUG occasions regarding her options. He soid as
of today, no changes have taken place and the property' remains in violation of the building
code.' He said the concrete surrounding the pool was added after the stop work order was
issued.
mcb1101
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11/28/01
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Ms; Dougall-Sides su~mitted City Exhibits 1 -9, photographs.
In response to a question, Irene McClimans said the pool is 24 x 18 feet and 4 feet
deep with B'cap on top. She purchased the pool from Mr. Pool on US19 in Clearwater. A't
that time, she requested they put the pool in for her. She was given instructions regarding
perrnits, contacting Florida Power for electrical work, and a list of subcontractors; She said
before she was 'able to obtain a permit a subcontractor arrived with a tractor and had
already begun to dig. She felt there would not be a problem and the subcontractor
proceeded with the work, which was completed within 4 hours. She said when the City
inspector questione~ the work, she spent several hours at the City discussing the matter
with the permitting staff. She said she could not understand why others in her area, who
used the same pool companv, had sunk their above ground pools inground and had no
problems. She felt she had done everything she could as a consumer. Her daughter, Jane
McClimans, read excerpts from a document obtained from Mr. Pool that indicated to her as
long as the pool was full of water, there should be no problem with it collapsing, and that
the liner was guaranteed for 7 years.
In response to a question, Mr. Coccia said the City requires certification from the
manufacturer as to the stability of above ground pools being sunk inground or an
engineering certification that the intended use is ,acceptable. Staff feels this use is '
different than the intended use. He said that specific information was requested of Ms.
McClimans on August 24, 2001, and still has not been received to date. He said under this
set of facts; Ms. McClimans would not have received a permit for the pool. In response to
a question, Ms. McClimans said she indicated on her application that she wished to sink an
above ground pool inground. Mr. Coccia said other requirements such as compliance with
setbacks had to be r~viewed by Zoning before her permit could be considered for approval '
and before staff could respond to her request.
Building Official Kevin Garriott said the applicant knew of the permit requirement
before she had the work done on the property. Although Ms. McClimans spoke to different,
personnel at the City in the same department, she was repeatedly told to provide
information regarding engineering standards before the pool could be placed ingl'ound. He
said the application first went to the Zoning, Building, and Public Works for review. Staff
was waiting for her to comply with the last requirement regarding engineering standards.
, Ms. McClimans submitted a copy of a letter that she stated was faxed from the
pool manufacturer to Mr. Pool, She said Mr. Pool has been in business for 30 years and
has never had problems with above ground pools being placed inground.
, In response to a question, Mr. Garriott said when an above ground pool is proposed
to be sunk inground, staff uses the criteria for'an Inground pool which states that an
engineer must affirm the pool meets the criteria under the Code.
It was remarked Ms. ClImans felt she had gone through the proper steps and that
Mr. Pool should resolve the matter.
Member Allbritton moved to contlnue,Cosa 45.01 to the January 23, 2002 meeting.
The motion was duly seconded and carried unanimously.
mcb1101
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11/28/01
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2. UNFINISHED BUSINESS
A. Case 07~98 & 30-98 - (Cont'd. from 9/26/01)
Fine Reduction Request
Maria Smith-Pernell for MaryW. Smith
1111 Blanche B. Littlejohn Trail
(Housing and Building Codes) - Wright'
Discussion ensued regarding the length of time this property has been in violation.
The owner was granted at least two extensions to complet~ necessary work but to date
has' not done so. : In response to a question, Inspector Wright said 'as of this morning,' no
framing, drywall, or final plumbing inspections have been done.
In response toa question, Ms. Diana said the fines continue to accrue. One case is
at $3,100; the other is over $50,000. Mr. Salzman said the fines cannot be stopped until
an Affidavit of Compliance is received. Concern was expressed that he fines would exceed
the value'. of the property by the time compliance is met. Mr. Wright said he was unsure
why the. work has taken such a long time. .
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AI McCloud, ,Ms. Smith-Pernell's contractor, said he finished the project today and
the property is now ready for final inspections. He said he experienced some personal
problems that delayed the project. He said he teft Mr. Wright a telephone message this
morning.
Maria Smlth~Pernell, representing Mary W. Smith, said a Certificate of Occupancy
was required before the water can be turned on, therefore the plumbing was one of the last
projects to be completed. She said she is working with the City regarding removal of the
fuel tank buried on the property.
Member Huffman moved to rehear Cases 07-98 and 30-98 at the January 23,
2002, meeting. The motion was duly seconded and carried unanimously.
B. Case 02.01~ Affidavit of Compliance
Juan & Mark J. Costa
613 S. Duncan Avenue
IBuildlng) Coccia
AND
C. Case 41-98 - Affidavit of Compliance
Abdelmaged M. & Gail Ahmed
1605 N. Ft. Harrison Avenue
, (Building Code) Hinson
Member Huffman moved ,to accept the Affidavits of Compliance for Cases 02-01
and 41-98~ The motion was duly secon~ed and carried unanimously. .
mcb1101
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11/28/01
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A. Rules of Procedure
, Discussion ensued regarding changes to the board's Rules of Procedure. Changes
. included minor housekeeping issues, actions requIring simple majority and the ability to
address the Board regarding fines before compliance Is reached.
, It was noted the Statement of Proceed!ngs will include each party giving testimony .
:will be limited to 1 5 minutes to present their case. The Board can grant additional time on
a case by case basis. '
A request was made to revise the order worksheet to indicate a motion is being
made.
, , , Member Huffman moved to accept the ~ules of Procedure dated November 2001,
as sub~itted. The motion was duly seconded and carried unanimously.
, '4. NEW BUSINESS - None
'6. NUISANCE ABATEMEN't LIEN FILINGS,
. 'Viorel Cab a
1 970 Rainbow Drive'
Skycrest Unit 8, Blk B, Lot 12 ,
Ro~ert Taupier
2812 Candlewood Street
Woodvalley Unit 2, Blk 6, Lot 13
Benjamin Philip J.:lomes Inc
1 540 Laura Street
Crest lake Sub, Blk E, Lot 14
Trisha Jacobs
71 8 Fairwood Forest Drive
Fairwood Forest, Lot 102.
Roma Square Ino
2009' Gulf to Bay Boulevard
Midway Sub, Lots 3, 4 and 5
Edward'and Marie Finch III
2226 Claiborne Drive
Morningside Estates Unit 1, Lot 1 14
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COD2001-05490 and 05492
$ 400.00
COD2001-04635
$ 250.00
COD2001-05032
$ 281.00
COD2001-05212
$ 250!OO
COD2001 -05796
$ 200.00
COD200 1 ~05621
$ 250.00
8
11/28/01
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;', was, dulyseco'nd,ed arid carried unanimously. '
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6. \ APPROV At OF MINUTES
10/24/01
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The motion
Member Caffentzls moved to' approve the niinutes of the regular meeting of October
'24~ 2001, as submitted In written summation to each board member. The motion was duly
sec~nded and carried unanimously.
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7., ADJOURNMENT,
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The meeting adjourned at 5:00 p.m.,
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