HomeMy WebLinkAboutPZ 03-10-1992 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING
HELD ON TUESDAY, MARCH 10, 1992
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CALL TO ORDER: 7:30 p.m.
PRESENT: Chairman Shiver, Vice- Chairman Switzer,
Members Swickerath, Weeks, Bond, and
Alternates Rhodus, Bateman; Director of
Planning Behrens, City Attorney Rosenthal and
P &Z Clerk King.
ABSENT: Member Sims
CONSENT AGENDA
Planning and Zoning Commission Meeting Minutes of February 11, 1992
The Planning and Zoning Commission Chairman Shiver called for a
motion to approve the Planning and Zoning Commission Meeting
Minutes of February 11, 1992. Member Swickerath moved to change
the minutes (page 3, Election of New Officers For 1992, first
paragraph) by stating that Gary Carroll nominated Mickey Shiver as
Chairman, and Jim Swickerath seconded the motion. The minutes
should be amended to reflect the changes and brought back at the
next meeting for approval. No action was taken.
NEW BUSINESS
PUBLIC HEARING - WESTRIDGE PUD - CASE #1 - 1R - 92:HUBER (REZONING)
Planning Director Behrens read the staff report of March 5, 1992
into the record. The issue is "Should the Planning and Zoning
Commission recommend to the City Commission that a five -acre
portion of Westridge PUD be removed from the Westridge Land Use
Plan, rezoned from "Planned Unit Development" (PUD) to
"Unclassified" (U) and then be added to the Plantation Grove Land
Use Plan and rezoned from "Unclassified" to "Planned Unit
Development" (PUD) ?"
Removing the 5 acre parcel from the Westridge PUD and adding it to
the south side of the Plantation Grove PUD will allow for the
"lining up" of Roberson and Moore Roads, and the existing "offset"
intersection can be Nlior
P &Z Meeting Minutes of March 10, 1992
Page 2
Staff's recommendation was for the Planning and Zoning Commission
to take the following action with respect to the petition in Case
No. 1- 1R- 92:HUBER: that the Planning and Zoning Commission find
that the requested rezoning is consistent with the Ocoee
Comprehensive Plan, complies with all applicable requirements of
the Ocoee City Code, and is in the best interests of the City and
recommend to the City Commission approval of the rezoning petition
in Case No. 1- 1R- 92:HUBER, and that the 5 acre property described
therein be rezoned from "Planned Unit Development" PUD to
"Unclassified ".
The Westridge PUD representative Gifford Anglim, Environmental
Planning and Design, 425 W. Colonial Drive, Suite 203, Orlando, FL
32804 was present and located on a map the 5 acres north of Moore
Road. The Revised Land Use Plan (RLUP) shows that the 5 acres
deleted and that the transfer of the property has occurred.
The Public Hearing was opened, and closed after there was no
discussion to this particular public hearing. Chairman Shiver
asked the favor of the Board. Member Swickerath moved to approve
Staff Recommendation to move this PUD from Westridge to
Unclassified, the motion was seconded by Alternate Rhodus. After
the call for discussion and there being none, the vote was called
with a unanimous vote in favor of the motion.
PUBLIC HEARING - WESTRIDGE PUD - LAND USE PLAN AMENDMENT
Director of Planning Bruce Behrens read the Staff Report of March
6, 1992 into the record. The issue is "Should the Planning and
Zoning Commission recommend approval of the Revised Land Use Plan
for Westridge PUD ?"
The PUD was annexed and approved on November 20, 1990. The Owner
sold the five (5) acre parcel to Plantation Grove PUD. Moore Road
will now be realigned with Roberson Road, eliminating the existing
offset intersection. In September of 1991, the City of Ocoee
adopted an updated Comprehensive Plan. The Future Land Use Map
allows for single family residential on this PUD at a density up to
four (4) units per acre.
P &Z Meeting Minutes of March 10, 1992
Page 3
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With this Revised Land Use Plan the Developer wishes to make the
following changes:
1. Delete the five (5) acre parcel that has been sold to
Plantation Grove PUD.
2. Increase the Gross Density from two (2) units per acre to four
(4) units per acre.
3. Decrease the approve lot size from 80'x115' to 60'x105'.
The Staff Recommendation is that the Planning and Zoning Commission
take the following action with respect to the proposed Revised Land
Use Plan for the Westridge PUD: that the Planning and Zoning
Commission find that the requested revision to the Westridge PUD
Land Use Plan is consistent with the Ocoee Comprehensive Plan,
complies with all applicable requirements of the City Code and is
in the best interests of the City and recommend to the City
Commission approval of the proposed Revised Land Use Plan.
Developer's representative Gifford Anglim, Environmental Planning
and Design was present to discuss the issues with the Planning and
Zoning Commission.
The Public Hearing was opened.
Harry Strange, 1177 7th Avenue, Gotha, FL 34734, commented
regarding Westridge PUD west boundary right -of -way. Mr. Strange
handed out to the Commissioners a letter concerning the road right -
of -way on the developers land boundary survey which shows a 60'
right -of -way east of property line. Mr. Strange wanted to know
where the dedicated right -of -way is, and where did the Developer
get the 60' right -of -way? The survey submitted to the City of
Ocoee for staff review was prepared by Herrick and Associates, Inc.
Robert Lowery, 10603 Moore Road, Gotha, FL 34734, against the
growth.
R.P. Mohnacky, 1820 Prairie Lake Blvd., Ocoee, FL 34761, commented
on the increase in density, and questioned why it is good for the
City.
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P &Z Meeting Minutes of March 10, 1992
Page 4
Elbert Hooks, 924 Maguire Road, Winter Garden, FL 34787, against
the RLUP - four (4) houses per acre is too much.
Jim Taylor, P.O. Box 408, Gotha, FL 34734; against the increase in
density. Mr. Taylor does not like to see developments approved at
2 un /ac then later be amended to 4 un /ac. C.A.M.P. Agreement has
not been approved by Orange County.
John Bateman stated for the Record that a look at 1987 -1988 when
the City of Ocoee made a total commitment to the City of
Windermere, Orange County, and Gotha, that the City of Ocoee would
not extend the boundary of Ocoee beyond Roberson Road unless the
City held to a one (1) per acre density. As far as he knows even
with the C.A.M.P. Agreement there has been no attempt, and nobody
has made any change in this understanding. Bateman stated that is
his position of 1987 -1988, and he believes that density has to be
upheld. It did not include Moore Road, the City was only talking
about Roberson Road at that point. It was only after 1988 that the
City worked it out with the Developers and with the County that the
City would extend its boundaries south to Roberson Road. As far as
he knows, this basic commitment was made by this City by all the
Mayor and four Commissioners on the question of the density at
Roberson Road and anything south. As far as he knows nothing has
been changed, and nothing tonight says this is not true.
Member Jim Swickerath commented to John Bateman that the new
Comprehensive Plan that was approve by the City Commission,
Planning and Zoning (as Local Planning Agency). It has been
submitted to the Department of Community Affairs. It has been run
through Orange County. In point of fact, it did change all of
that.
Alternate John Bateman stated that was not true. That the
Comprehensive Plan and the Future Land Use Map of the City had no
authority to change decisions that were made unless those decisions
are amended.
Member Jim Swickerath stated that the five year old decision by
that City Commission has been revisited and a new position taken.
Alternate Bateman stated that he has not seen any decision changed
and would be anxious to see proof of a change from the City
Attorney and Staff to change his own position on this issue.
P &Z Meeting Minutes of March 10, 1992
Page 5
Doreen Chatelier, 10640 Moore Road, Gotha, FL 34734, opposed the
amendment.
Leslie Macieh, 2325 Farmwood Circle, Gotha, FL 34734, questioned
the 60' easement.
Mary Jo Ardaman, 2052 Carolina Avenue, Winter Garden, FL 34787,
against the density.
After no further discussion the Public Hearing was closed.
Board Member discussion:
Vice Chairman Switzer questioned the City Attorney regarding Mr.
Bateman's comment earlier during the Public Hearing about a written
Agreement with Gotha, and Windermere in 1987. Would it be the City
Attorney's opinion that this Agreement would still be in effect?
City Attorney Rosenthal stated that he had not personally reviewed
any of those minutes or documents. He has heard Mr. Bateman's
comments in the past, and some people agree with him and some
people do not. City Attorney stated that the Board had before them
an application which is consistent with the City's Comprehensive
Plan which in his opinion, unless there is a contractual agreement
signed by parties, as opposed to statements made at a City
Commission meeting, and he has never seen a contractual agreement,
that the Comprehensive Plan would supersede any statements of
policy or intent previously made by the City Commission. The Board
has before them an application that is consistent with the
Comprehensive Plan and for which the Developer has not requested
any waivers from the requirements of the City Code. And on that
basis, Rosenthal is not aware of a legal basis, and if somebody
does not want to approve it then they must find a legal basis on
which to disapprove the plan. But the Developer has basically
complied with the requirements which the City has adopted.
After further discussion on the quality of life and the occurrences
that have taken place in the area, the following took place.
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P &Z Meeting Minutes of March 10, 1992
Page 6
Chairman Shiver asked for a motion, Member Swickerath moved that
the Planning and Zoning Commission recommend that the City
Commission follow the Staff Recommendation on this particular issue
with the provision that the issue about the right -of -way on Seventh
(7th) Avenue, and if it happens to apply that either Moore Road
section be addressed and if additional right -of -way is required to
establish the minimum 60 foot right -of -way required by the County
for access, that it come out of the Developer's side of the
property. The motion was seconded by Member Weeks. After no
discussion, Chairman Shiver called for the question, the vote was
taken by roll call: Shiver no, Switzer no, Rhodus no, Bateman no,
Swickerath yes, Weeks yes, and Bond yes. The motion was opposed by
a 4 -3 vote.
Recess at 9:15
Call to Order 9:25
PUBLIC BEARING - PLANTATION GROVE PUD - CASE #1- 2R- 92:ROEDER
(REZONING)
Behrens read the Staff Report of March 6, 1992 into the record.
The issue is "Should the Planning and Zoning Commission recommend
to the City Commission that a five -acre portion of Westridge PUD be
removed from the Westridge Land Use Plan, rezoned from "Planned
Unit Development (PUD) to "Unclassified" (U) and then be added to
the Plantation Grove Land Use Plan and rezoned from "Unclassified"
to "Planned Unit Development" (PUD) ?"
The Staff Recommendation was that the Planning and Zoning
Commission take the following action with respect to the petition
in Case No. 1- 2R- 92:ROEDER: that the Planning and Zoning Commission
find that the requested rezoning is consistent with the Ocoee
Comprehensive Plan, complies with all applicable requirements of
the Ocoee City Code, and is in the best interests of the City and
recommend to the City Commission approval of the rezoning petition
in Case No. 1- 2R- 92:ROEDER, and that the 5 acre property described
therein be rezoned from "Unclassified" to "Planned Unit
Development" PUD.
Lou Roeder, Phoenix Development Group, Inc. (Developer), 2001 Mercy
Drive, Suite 104, Orlando, FL 32808, commented that he was
available to answer questions.
P &Z Meeting Minutes of March 10, 1992
Page 7
The Public Hearing was opened and closed after no discussion.
Chairman Shiver asked for the Board's response. Alternate Bateman
moved to approve the Staff Recommendation, seconded by Vice -
Chairman Switzer, and the motion was approved unanimously.
PUBLIC HEARING - PLANTATION GROVE PUD - LAND UBE PLAN AMENDMENT
Director of Planning Bruce Behrens read the entire Staff Report of
March 6, 1992 into the record. The issue is "Should the Planning
and Zoning Commission recommend approval of a Revised Land Use Plan
for Plantation Grove PUD ?"
The existing Plantation Grove PUD Land Use Plan was adopted on
November 22, 1988. On February 21, 1989, the Land Use Plan was
amended to move the commercial center into the center of the
property.
The proposed Revised Land Use Plan would realign Moore Road with
Roberson Road. The commercial center would be shifted to the
south, back to its original location in the PUD.
The proposed Revised Land Use Plan also makes the following changes
in the Conditions of Approval for the PUD:
1. Lot widths in the single family section would be reduced from
70 feet to 60 feet (this would be consistent with Arvida's
Wesmere development across the street).
2. The approved number of multi - family units would increase by
30, from 450 to 480 (the maximum allowable under the
comprehensive plan).
The developer has also requested the following Waivers:
1. The submission of the Revised Land Use Plan at a scale of 1"
= 200 feet in lieu of 1" = 100 feet (Ocoee Code, Section
13.5(3).
2. A 25 foot building setback from proposed Moore Road in lieu of
35 foot Code requirement, Section 13.11(2)(f)(ii) maximum
building height would be 35 feet within 35 feet of re- aligned
Moore Road.
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P &Z Meeting Minutes of March 10, 1992
Page 8
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3. The minimum net living floor area for the multi - family would
be reduced from 750 square feet to 500 square feet to allow
for some efficiency apartments.
The Staff Recommendation was that the Planning and Zoning
Commission take the following action with respect to the proposed
Revised Land Use Plan for the Plantation Grove PUD: that the
Planning and Zoning Commission find that the requested revision to
the Plantation Grove Land Use Plan is consistent with the Ocoee
Comprehensive Plan, complies with all applicable requirements of
the City Code and is in the best interests of the City and
recommend to the City Commission approval of the proposed Revised
Land Use Plan.
Additional changes recommended by the City Attorney:
1. A note should be added to the RLUP that all right -of -way shall
be dedicated by Warranty Deed free and clear of all liens.
2. Note #11 of the RLUP should be revised to state the
appropriate access and utility easements shall be granted to
the City over all private roadways with the City being
responsible for any damage done by the City in connection with
*4111w the utilization of any such easements.
3. That the Developer be required to convey to the City the
right -of -way for the realigned Moore Road within forty -five
(45) days from the date of the City Commission approval of the
RLUP.
Public Hearing Opened for discussion:
Jerry E. Kirk, President of Kirk Construction, Inc., 527 7th
Avenue, Gotha, FL, adjacent property owner east of Plantation
Grove. His property begins approximately 500 feet north of Moore
Road at 7th Avenue. Mr. Kirk handed to the Chairman a copy of his
Easement Agreement and wanted it included in the public record.
Mr. Kirk stated that he will not agree with the City taking over
his private road. Also, he wants to see a barrier between the
development and his property, and that he wanted an agreement
between both parties to take place.
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P &Z Meeting Minutes of March 10, 1992
Page 9
Developer, Lou Roeder stated that there are two issues that are
being discussed here. 1) The access easement which Mr. Kirk
possesses, the only reason it is on some property that we acquired
because he could not get it from some people on the other side.
The previous owner gave him those few feet of access easement, we
are not doing away with that access easement, he still has it and
has every right to have it as a part of our buffer we just can not
put our fencing encroaching onto that access easement. But we do
not have a problem agreeing not to do that; and 2) The Developer
putting up some kind of wall, this is the first time Roeder heard
that Mr. Kirk wanted a big block wall put up along that side of the
property to keep kids from bothering his horses and livestock.
The Developer's position is that they have a self - imposed zoning
criteria. It calls for a wall along Maguire Road going into the
entry of the single - family. The multi- family has more flexibility
with landscaping. The City requires a wall behind the Commercial
property. The Developer has put a self- imposed requirement on all
the builders that will be building in this subdivision that they
have to put perimeter 6 foot cedar fences along the perimeter of
the property. Beyond that, the Developer stated they would not
agree to put up a 6 foot block wall.
Mr. Kirk stated that since the Developers property was a voluntary
annexation, people that own the real estate and have a recorded
interest in it have to sign in and come in to your City. City
Attorney Rosenthal stated that the fee title property owner must
request the annexation. Mr. Kirk stated that he hereby is publicly
notifying the City of Ocoee that the annexation for the subject
property is now null and void, because he has a recorded deed and
the City does not have his signature. City Attorney Rosenthal
stated that any annexation after 30 days, even if it was done
illegally is valid under Florida Law. Mr. Kirk stated that he
would see the City in court.
Mr. Steve Mellich, CCL Consultants, Inc. 2600 Lake Lucien Dr.,
Maitland, FL 32751, addressed the Board as the Project Engineer and
the supervisor of the survey on the project. He stated that he can
assure the Commissioners that they reviewed the Title and can
assure that the Easement is just that, it is an easement not a fee
title, and Mr. Kirk does not own the 25 foot easement. The
property reflected on the drawing before the City Commission is not
his. Mr. Mellich stated that on the Final Engineering and
Preliminary Subdivision Plans, that particular Tract has been
provided additional lot depth to accommodate that easement.
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P &Z Meeting Minutes of March 10, 1992
Page 10
Chairman Shiver questioned City Attorney Rosenthal if the statement
made by Mr. Kirk regarding the annexation being null and void was
a valid statement. City Attorney Rosenthal commented that in his
opinion it was not a valid statement.
R.P. Mohnacky, 1820 Prairie Lake Blvd., Ocoee, FL 34761, questioned
if there will be a ramp off the east /west beltway that will dump
into Plantation Grove.
Elbert Hooks, 924 Maguire Road, Winder Garden, FL, one house per
acre is plenty for the area.
Leslie Macieh, 2325 Farmwood, Gotha, FL 32734; against the
amendment. Stated for the record that Jim Little shares all the
concerns of the Gotha residents present at this meeting, if he has
been dealing about the road, the issue is to protect Gotha and the
road from further development.
Jim Taylor, P.O. Box 408, Gotha, FL 34734, questioned the lot
fir, width.
Harry Strange, 1177 7th Avenue, Gotha, FL, concerned with traffic.
After no further discussion the public hearing was closed.
After a lengthy discussion between the Commission, Staff, and
Developer the following transpired:
Alternate Bateman moved to disapprove the requested changes to the
Land Use Plan and the waivers, Member Switzer seconded the motion.
After no further discussion the vote was called for and the motion
carried 6 to 1 opposing the motion.
Member Swickerath moved to recommend to the City Commission that
the Plan presented as recommended by Staff be approved and hold
waiver number three (3) the 500 sq. ft. minimum multi - family unit
out of the motion. The motion is to approve the proposed changes
to the PUD Conditions of Approval numbers 1 and 2, and the Waivers
number 1 and 2, also to include the additional changes recommended
by the City Attorney. The motion was seconded by Member Bond.
Additional changes recommended by the City Attorney:
1. A note should be added to the RLUP that all right -of -way shall
be dedicated by Warranty Deed free and clear of all liens.
P &Z Meeting Minutes of March 10, 1992
Page 11
2. Note #11 of the RLUP should be revised to state the
appropriate access and utility easements shall be granted to
the City over all private roadways with the City being
responsible for any damage done by the City in connection with
the utilization of any such easements.
3. That the Developer be required to convey to the City the
right -of -way for the realigned Moore Road within forty -five
(45) days from the date of the City Commission approval of the
RLUP.
Chairman Shiver asked for any discussion on the motion, after being
none the call for the question was made, the motion was carried in
favor 5 to 2 with Bateman and Switzer voting against.
Member Swickerath stated that he would like to make a motion
regarding Wavier #3 to recommend to the City Commission to allow
the Developer to reduce the size up to 15% of the multi - family
units to 500 sq. ft. The motion was seconded by Member Bond.
Chairman Shiver opened up for discussion and asked if the Developer
would be willing to build some 750 sq. ft. units. 15% will be
between 500 and 750 sq. ft. and the balance will be in excess. The
motion was amended to say that the Developer can reduce the size of
the minimum multi - family unit down to 500 sq. ft. but between 500
sq. ft. and 750 sq. ft., 85% of the units in the multi - family
development will be 750 sq. ft. or larger and 15% can be less than
750 but not less that 500 sq. ft. The motion was seconded by
Member Bond.
Alternate Bateman stated that Westridge people were just told that
they could not have 60' lots. And now we are telling Plantation
Grove that they bought 5 more acres of commercial property into the
PUD that they can have. If the Board opens this gate on the 500
sq. ft. of single bedroom or otherwise and the Board can plan on
all other apartment buildings in the City to go 500 sq. ft. on a
minimum of 15% and most will be asking for 25 %. The Board will be
making a serious mistake.
Chairman Shiver called for the question, the motion carried in
favor 4 to 3 with Bateman, Shiver, and Switzer voting against.
P &Z Meeting Minutes of March 10, 1992
Page 12
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ANNEXATION REQUEST - CASE NO. 1- 7A- 91:CLOUGHLEY (ANNEXATION)
Director of Planning Bruce Behrens read the Staff Report of March
4, 1992 into the record. The issue is "Should the Planning and
Zoning Commission recommend approval of this application to the
Board of City Commissioners to annexed the subject parcel ?"
Staff Recommended that the Planning and Zoning Commission take the
following action with respect to the petition in Case No. 1 -7A-
91:CLOUGHLEY: that the Planning and Zoning Commission find that the
requested annexation is consistent with the Ocoee Comprehensive
Plan, complies with all applicable requirements of the Ocoee City
Code and is in the best interests of the City and recommend to the
City Commission approval of the petition in Case No. 1 -7A-
91:CLOUGHLEY, and that the property described therein be annexed as
requested by the petitioner.
Director of Planning Bruce Behrens stated that Mr. Cloughley has
waited approximately nine months to bring this case before the
City.
After no discussion by the Board, the motion was called. Member
Switzer moved to approve the annexation, seconded by Alternate
Bateman. The motion was approved with an unanimous vote in favor.
VESTED RIGHTS ORDINANCE
Director of Planning Bruce Behrens stated that the issue is "Should
the Planning and Zoning Commission recommend approval of a "Vested
Rights" Ordinance to the City Commission ?" Behrens stated,
basically this ordinance says that if a Developer has received
Final Engineering approval and is proceeding through the process
towards construction, and prior to the adoption of the
Comprehensive Plan, the City is going to vest the Developer in
terms of the rights the Developer has on that property so that the
Developer does not have to go through Concurrency or any further
test, that may change his development.
The Staff and City Attorney's Recommendation is that the Planning
and Zoning Commission recommend the adoption of this Vested Rights
Ordinance to the City Commission.
P &Z Meeting Minutes of March 10, 1992
Page 13
After discussion between the Commission and Staff a call for the
question was made.
Alternate Bateman stated that the City Attorney and City Planner
consult with the City Commission on, Page 3, Section 6(2), and if
no problem with this then the City Commission approve the
recommendation of the Ordinance to the City Commission.
Alternate Bateman moved to approve the Ordinance subject to
investigation by City Attorney as to the Planning Director's
authority to determine vested rights. Seconded by Member Bond, and
approved unanimously.
OTHER BUSINESS
PLANNING AND ZONING COMMISSION ATTENDANCE RECORD FOR 1991
Chairman Shiver stated for the record that when the P &Z
Commissioners agree to sit on this committee and this commission
and help to steer the direction of the City, the Commissioners owe
the Citizens a certain degree of commitment that they are going to
be present and address the issues that come before this commission.
%kr While the Commissioners understand that each and every one of us
are busy, and that the members can not make all the meetings, if
the Commissioners are so busy that they can not attend the meetings
then the City can not utilize the member's expertise. The Chairman
requested that the members respectfully resign. Clearly, the City
wants to utilize the expertise of those individuals in the City
that are willing to attend the meetings and be with us.
Chairman Shiver commented on the attendance only after seeing the
Attendance Chart and seeing that all of the Board Members have been
some what laxed at attending the meetings. Beginning with this
meeting and going forward we will enforce the rules on attendance.
It says in the P &Z By -Laws, Ordinance No. 89 -19, that if a member
misses three (3) consecutive meetings the Board Members will be
replaced. Chairman Shiver stated that he does not want to replace
anybody. He respects each and everyone of the Commissioners, and
as a result of that he wants all to be apart of this Commission and
help make the decisions and steer this City into the future. The
Commissioners should make every effort to attend meetings as
regularly as possible.
P &Z Meeting Minutes of March 10, 1992
Page 14
RECOMMENDATION TO FILL GARY CARROLL'S POSITION
Chairman Shiver recommended to the Board of City Commissioners that
Darlene Rhodus fill Gary Carroll's position as Member. And,
recommended the City contact Roger Scroggins (Amber Electric) to
see if he would be interested in serving on this Board as an
Alternate.
Alternate John Bateman moved to adjourn the meeting, seconded and
approved unanimously.
ADJOURNED: 11:15 P.M. f /
h. if Mickey Shiver
ATTEST:
Niory P &Z Clerk King 42t
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