01-26-1999 Minutes MINUTES OF THE CITY OF OCOEE
CODE ENFORCEMENT BOARD MEETING
January 26, 1999
CALL TO ORDER
Chairman Linebarier called the regular meeting of the Ocoee Code Enforcement Board to
order at 7:30 p.m. in the Commission Chambers of City Hall and led in the pledge of
allegiance. Member Ellison led in the prayer. The roll was called and a quorum declared
present.
PRESENT: Chairman Linebarier, Vice Chairman Lenko, Members Chancey, Ellison,
Holmes (arrived at 7:37 p.m.), Konicek, Skiles, and Alternate Member Hall.
Also present were Attorney Feeney, Code Enforcement Supervisor Simon,
Administrative Supervisor Seaver, Code Enforcement Officers Loeffler and
Siegrist, and Administrative Secretary Cornell.
ABSENT: Alternate Member Tice.
APPROVAL OF MINUTES OF NOVEMBER 24, 1998 MEETING
Vice Chairman Lenko, seconded by Member Skiles, moved to approve the Minutes of the
November 24, 1998, Code Enforcement Board meeting as presented. Motion carried 7-0.
COMMENTS FROM CITIZENS
None.
CASES MOVED TO TOP OF AGENDA
Chairman Linebarier, seconded by Vice Chairman Lenko, moved, at the request of the City,
to have Cases 99-024, 99-029, and 98-107 moved to the top of the agenda. Motion carried
7-0.
Administrative Supervisor Seaver administered the oath to Code Enforcement Officers Loeffler
and Siegrist and Supervisor Simon.
PURSUANT TO THE HEARING RULES ADOPTED BY THIS BOARD ON JUNE 27, 1995, VARIOUS DOCUMENTS ARE USED
BY THE CODE ENFORCEMENT OFFICERS IN EACH CASE AND ARE REPORTED IN THE CASE TESTIMONY GIVEN BY
THE CODE ENFORCEMENT OFFICER. IN THESE MINUTES THE TITLES TO THOSE DOCUMENTS WILL BE
ABBREVIATED AS FOLLOWS: NOCV- NOTICE OF CODE VIOLATION; NOH-NOTICE OF HEARING; SOV-STATEMENT
OF VIOLATION(S);AND POS-PROOF OF SERVICE.
Case 99-024 - Jorge A. and Martha I. Torres (owner) - 1007 Jamela Drive Officer Siegrist
Violation Cited: Section 115-3
12/1/98 - NOCV Re-inspection date: 12/11/98
1/4/99 - SOV
1/4/99 - NOH
1/5/99 - POS Mailed
1/14/99 - POS Posting
Observation: Washer and dryer on concrete slab at the end of the driveway without
proper enclosure.
(ihr, Code Enforcement Officer Siegrist, having been sworn, gave a brief history of the case.
Code Enforcement Board
January 26, 1999
Mr. Jorge A Torres, 1007 Jamela Drive, was sworn in by Supervisor Seaver and stated that
he was unable to comply as a result of not receiving an insurance check. He requested an
extension of one (1) month.
Chairman Linebarier stated that Case No. 99-024 has been going on since November and he
was reluctant to approve an extension in this matter. However, after a brief discussion with
Mr. Torres, Vice Chairman Lenko, seconded by Member Holmes, moved to find the
respondent in case No. 99-024 in violation of Section 115-3 as cited as of December 10, 1998,
and to allow an extension until February 22, 1999, and if not in compliance on that date, to
assess $150.00 per day thereafter. Motion carried 7-0.
Case 99-029 - Gorgonio Ramirez (owner), 604 Starke Lake Circle Officer Siegrist
Violation Cited: Section 115-3
12/09/98 - NOC Re-inspection date - 12/21/98
1/4/99 - SOV
1/4/99 - NOH
1/5/99 - POS Mailed
1/14/99 - POS Posting
Observation: Trailers were present in the back yard and without tags.
Code Enforcement Officer Siegrist, having been sworn, gave a brief history of the case, and
submitted photographs of the property. He advised that the property was in compliance with
the order as of this date.
Mr. Gorgonio Ramirez, 604 Starke Lake Circle and his interpreter Sandra, were sworn in by
Administrative Supervisor Seaver. Mr. Ramirez stated through his interpreter that he was in
compliance and he wanted to discuss the same situation that occurs on his street at other
residences.
Chairman Linebarier advised that he should seek out the Code Enforcement officers during
working hours. This board could not act on such matters at this time. He also advised Mr.
Ramirez that if the trailers were brought back on the property he would incur a fine. Member
Skiles, seconded by Member Chancey, moved to find the respondent in Case No. 99-029 in
violation of Section 115-3 as cited as of December 19, 1998, but in compliance as of January
26, 1999, and no penalty assessed. Motion carried 7-0.
Case - 98-107, Mr. and Mrs. Miller, 11301 West Colonial Drive Officer Simon
Violation Cited: Section LDC ArtV6C, Section 51-35
5/12/98 - NOC Re-inspection date - 9/2/98
9/16/98 - SOV
9/16/98 - NOH
9/16/98 - POS Delivery
9/22/98 - Order of Continuance
10/2/98 - NOH
10/3/98 - POS Mail Z057-384-960
10/3/98 - Received 10/3/99
10/27/98 - Compliance Order 1/26/99
Observation: No permits on file or Certificate of Occupancy for mobile home on lot
that is being used as a residence and is set behind a fruit stand business.
Supervisor Simon, having been sworn and stating qualifications, said that this matter had been
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Code Enforcement Board
January 26, 1999
brought before the Board in November and a 90-day extension was given by the Board for the
respondents to try to apply for a variance through the Planning and Zoning Department.
Mrs. Miller, 11301 West Colonial Drive, was sworn in by Supervisor Seaver and
stated that she does not live there and needed some time to dispose of the property. She
requested a 10 day extension as she has someone to come and pick up the trailer. A
discussion ensued.
Chairman Linebarier stated that this case, as well as Case 98-106, would be adjudicated the
same, as both cases were representative of each other. He addressed Ms. Miller and stated
that the reason her case was on the agenda for this evening was to enter an Order Imposing
Fine and Lien against the property effective this date. He further stated that a 10 day extension
was reasonable; however, if she did not move the trailer within that time frame, the fines
would begin accumulating from the date of this meeting (January 26, 1999). Member Lenko,
seconded by Member Chancey, moved to find the respondent in violation of Section 51-35 and
to enter an Order Imposing Fine and Lien effective February 5, 1999 pending compliance at
$250.00 per day. Motion carried 7-0.
Case 98-106, Buford L. Adams, 11301 West Colonial Drive Officer Simon
Violation Cited: Section LDC ArtV6C, Section 51-35
5/12/98 - NOC Re-inspection date - 9/2/98
9/16/98 - SOV
9/16/98 - NOH
9/16/98 - POS Delivery
9/22/98 - Order of Continuance
10/2/98 - NOH
10/3/98 - POS Mail Z057-384-960
10/3/98 - Received 10/3/99
10/27/98 - Compliance Order 1/26/99
Observation: No permits on file or Certificate of Occupancy for mobile home on lot
that is being used as a residence and is set behind a fruit stand business
Member Holmes, seconded by Member Skiles, moved that, as Case 98-106 had the same
testimony that the same motion be adopted. Motion carried 7-0
Case 97-108, Robert Reid, 122 Olympus Circle Officer Simon
Violation cited: LDR Article VII, Section 7-4B, 51-21A,B
10/13-97 - NOCV Re-inspection Date: October 18, 1998
10/20/97 - SOV
10/20/97 - NOH Meeting date: October 28, 1998
10/21/97 - POS
10/28/97 - Order of Continuance, November 25, 1997
11/25/97 - Order of Continuance, January 27, 1998
1/27/98 - Order of Continuance, March 24, 1998
3/2/98 - NOH Meeting date: March 24, 1998
3/6/98 - POS
3/24/98 - Order of Continuance, March 24, 1998
6/4/98 - NOH Meeting date: June 23, 1998
6/4/98 - POS
6/23/98 - Order of Continuance, August 25, 1998
8/4/98 NOH Meeting date: August 25, 1998
8/3/98 - POS
8/25/98 Order of Continuance, January 26, 1999
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January 26, 1999
12/16/98 - NOH Meeting date: January 26, 1999
12/16/98 - POS
Observation: Dredging of Wetlands. No other history was provided.
Case 97-109, Groundtek of Central Florida, 122 Olympus Circle Officer Simon
Violation cited: LDR Article VII, Section i-4B, 51-21A,B
10/13-97 - NOCV Re-inspection Date: October 18, 1998
10/20/97 - SOV
10/20/97 - NOH Meeting date: October 28, 1998
10/21/97 - POS
10/28/97 - Order of Continuance, November 25, 1997
11/25/97 - Order of Continuance, January 27, 1998
1/27/98 - Order of Continuance, March 24, 1998
3/2/98 - NOH Meeting date: March 24, 1998
3/6/98 - POS
3/24/98 - Order of Continuance, March 24, 1998
6/4/98 - NOH Meeting date: June 23, 1998
6/4/98 - POS
6/23/98 Order of Continuance, August 25, 1998
8/4/98 - NOH Meeting date: August 25, 1998
8/3/98 - POS
8/25/98 Order of Continuance, January 26, 1999.
12/16/98 - NOH Meeting date: January 26, 1999
12/16/98 - POS
Case 97-110, Patrick Freeman, 124 Olympus Circle Officer Simon
Violation cited: LDR Article VII, Section 7-4B, 51-21A,B
10/13-97 - NOCV Re-inspection Date: 10/18/97
10/20/97 - SOV
10/20/97 - NOH Meeting date: 10/28/97
10/21/97 - POS
10/28/97 - Order of Continuance, November 25, 1997
11/25/97 - Order of Continuance; January 27, 1998
1/27/98 - Order of Continuance, March 24, 1998
3/2/98 - NOH Meeting date: March 24, 1998
3/6/98 - POS
3/24/98 - Order of Continuance, June 23, 1998
6/4/98 - NOH Meeting date: June 23, 1998
6/4/98 - POS
6/23/98 - Order of Continuance, August 25, 1998
8/4/98 - NOH Meeting date: August 25, 1998
8/4/98 - POS
8/25/98 Order of Continuance, January 26, 1999
12/16/98 - NOH Meeting date: January 26, 1999
12/16/98 - POS
Observation: Dredging of Wetlands. No other history was provided
Case 97-111, Groundtek of Central Florida, 124 Olympus Circle Officer Simon
Violation cited: LDR Article VII, Section 7-4B, 51-21A,B
10/13-97 - NOCV Re-inspection Date: 10/18/97
10/20/97 - SOV
10/20/97 - NOH Meeting date: 10/28/97
10/21/97 - POS
10/28/97 - Order of Continuance, November 25, 1997
11/25/97 - Order of Continuance, January 27, 1998
1/27/98 - Order of Continuance, March 24, 1998
3/2/98 - NOH Meeting date: March 24, 1998
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Code Enforcement Board
January 26, 1999
3/6/98 - POS
410, 3/24/98 - Order of Continuance, June 23, 1998
6/4/98 NOH Meeting date: June 23, 1998
6/4/98 - POS
6/23/98 - Order of Continuance, August 25, 1998
8/4/98 - NOH Meeting date: August 25, 1998
8/4/98 - POS
8/25/98 Order of Continuance, January 26, 1999
12/16/98 - NOH Meeting date: January 26, 1999
12/16/98 - POS
Observation: Dredging of Wetlands. No other history was provided
Chairman Linebarier stated for the record that no one was present to represent these cases.
Supervisor Simon, having been sworn and stating qualifications made a statement. A
discussion ensued.
Attorney Feeney stated that the Department of Environmental Protection has jurisdiction and
will be paying close attention to how these matters are remedied and who was responsible for
the breach.
Chairman Linebarier called for a motion to combine Cases 97-108, 97-109, 97-110 and 97-
111 and that the testimony and decisions of the Board apply to all four cases. Member Skiles,
seconded by Member Holmes, moved that the testimony and decisions on Cases 97-108, 97-
109, 97-110 and 97-111 be combined. Motion carried 7-0.
A discussion ensued regarding the Land Development Regulation books and the Board
members requested that the books be provided to the them.
Chairman Linebarier requested further information from Attorney Feeney and that he
provide a recommendation this hearing. Attorney Feeney stated that the statute allows
for $250.00 for the first offense and up to $500.00 for a second offense. If the Code
Enforcement Board finds that the violation is irreparable or irreversible in nature it may
impose a fine not to exceed $5,000.00 per violation. A discussion ensued.
Member Lenko, seconded by Member Chancey, moved that Cases 97-108, 97-109, 97-110 and
97-111 be continued to the February 23, 1999, meeting. Motion carried 7-0.
Recess 8:32-8:42 p.m. Chairman Linebarier called the meeting back to order.
Mayor Vandergrift was given the floor for a brief discussion about a "Blow-out Party" for the
millenium and encouraged feedback from the boards and the community.
Case 99-004 - Gerado and Mariisol Perales, 5 Sundial Key Officer Loeffler
Violation Cited: Section 108-19D; 108-12D; NEC 110-12a
11/10/98 - NOC Re-inspection date - 11/24/98-
11/30/98 - SOV
11/30/98 - NOH
11/30/98 - POS
Observation: Failure to schedule a Minimum Housing Standards re-inspection.
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January 26, 1999
Chairman Linebarier stated for the record that no one was present to represent this case.
Officer Loeffler, having been sworn and stating qualifications, stated that the City is
dismissing this case.
Member Lenko, seconded by Member Skiles, moved that Case 99-004, at the request of the
City, be dismissed. The motion carried 7-0.
Case 99-005 - The Ray Harper Trust Agreement, 138 West Circle Key Drive
Officer Loeffler
Violation cited: Section 108-19F(1)a,b,I; 108-23G, I,K,O,R(1) (2) , U,V; 108-24E
10/12/98 - NOCV Re-inspection date - 11/24/98
11/30/98 - SOV
11/30/98 - NOH
11/30/98 - POS
Observation: Kitchen cabinet-counter damaged. Ripped screens. Broken interior
doors-jambs. No back-flow preventers or smoke alarms.
Chairman Linebarier stated for the record that no one was present to represent this case.
Officer Loeffler, having been sworn and stating qualifications, stated that the City is
requesting a continuance until the next Board meeting.
Member Holmes, seconded by Member Ellison, moved that Case 99-005, be continued until
the February 23, 1999, meeting at the request of the City. The motion carried 7-0.
Case 99-006 - Mary Lynn Griffin Jocoy, 700 Center Street Officer Loeffler
Violation cited: Section 165-3
11/4/98 - NOCV Re-inspection date 11/23/98
11/30/98 - SOV
11/30/98 - NOH
1/13/99 - POS
Observation: White pick-up truck in the front yard with the appearance of being
inoperable - no tags.
Chairman Linebarier stated for the record that no one was present to represent this case.
Officer Loeffler, having been sworn and stating qualifications, made a statement.
Member Lenko, seconded by Member Skiles, moved to find the respondent in Case 99-006
in violation of Section 165-3 as of November 19, 1998, and in compliance as of January
26, 1999, and no fine be assessed. The motion carried 7-0.
Case 99-016 - The Ray Harper Trust Agreement and Helen Marie Harris (Owner)
Officer Siegrist
Violation cited: Section 108-35
10/27/98 - NOCV Re-inspection date - 12/1/98
12/11/98 - SOV
12/11/98 - NOH
12/11/98 - POS
Observation: Windows missing; interior/exterior wall damaged; roof sagging-
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Code Enforcement Board
January 26, 1999
missing supports; debris inside.
Chairman Linebarier stated for the record that no one was present to represent this case.
Officer Siegrist requested a continuance.
Member Skiles, seconded by Member Holmes, moved that Case 99-016, The Ray Harper
Trust Agreement and Helen Marie Harris, (owner) be continued at the request of the City
until the next meeting. The motion carried 7-0.
Case 99-018 - Herbert McBride, Lawrence McBride, Ronald McBride and Leona Diana
Smith Etal (Owner) 470 New Meadow Court Officer Loeffler
Violation cited: Section 108-35; 115-3
11/17/98 - NOCV Re-inspection date - 11/30/98
12/10/98 - SOV
12/10/98 - NOH
1/13/99 - POS
Observation: Junk, debris littering interior/exterior of unsecured, rodent
infested house. Evidence of unauthorized use of house (beer cans/ash-trays/condoms) .
House has no electrical or water utilities.
Chairman Linebarier stated for the record that no one was present to represent this case.
Officer Loeffler, having been sworn and stating qualifications, made a statement and provided
photographs.
Member Lenko, seconded by Member Skiles, moved that the respondents be found in violation
of Section 108-35 and Section 115-3 and in non-compliance with Section 108-35 and Section
115-3 as of November 27, 1998, and that they be given until February 2, 1999, to come into
compliance or be fined$250.00 per day thereafter. The motion carried 7-0.
Case 99-019 - Veronica Place Phase One Homeowners Assoc. Principal Agent: Lauren B.
Goodman (Owner of wall), 816 Veronica Circle Officer Loeffler
Violation cited: Section 108-35; 115-3
8/28/98 - NOCV Re-inspection date - 12/7/98
12/10/98 - SOV
12/10/98 - NOH
12/10/98 - POS
Observation: Brick wall located on property has loose, broken masonry work and is
unstable.
Chairman Linebarier stated for the record that no one was present to represent this case.
Officer Loeffler, having been sworn and stating qualifications, made a statement.
Member Skiles, seconded by Member Konicek, moved that the respondent in Case 99-019
Veronica Place Phase One Homeowners Assoc., Principal Agent Lauren B. Goodman,(owner
of the wall), be found in violation of Section 108-35 as of September 11, 1998, but in
compliance as of December 29, 1998, and no fines be imposed. The motion carried 7-0.
Case 99-021 - James E. and Nancy M. Wiggins (owner), 85 Sand Dollar Key
Code Enforcement Board
January 26, 1999
Officer Siegrist
Violation cited: Section 108-35
11/2/98 - NOCV Re-inspection date - 12/4/98
12/11/98 - SOV
12/11/98 - NOH
12/11/98 - POS
Observation: Trailer with broken windows, dilapidated porch; debris; damaged and
missing interior floor and walls; roof and kitchen gutted; electric box missing.
Chairman Linebarier stated for the record that no one was present to represent this case.
Officer Siegrist, representing Code Enforcement, having been sworn and stating
qualifications, made a statement.
Member Chancey, seconded by Member Lenko, moved that the respondent in Case 99-021 be
found in violation of Section 108.35 as of December 2, 1998, and they be given until February
2, 1999, to comply or be fined$200.00 per day thereafter. The motion carried 7-0.
Chairman Linebarier requested a motion for the next Cases, 99-025 and 99-026 to be
combined for testimony and decisions.
Member Skiles, seconded by Member Konicek, moved that all testimony and decisions by the
board considered in Case 99-025 be applied for Case 99-026 as well. The motion carried 7-0.
Case 99-025 - Clarke Road Inc., (owner), 1612 E. Silver Star Road Officer Loeffler
Violation cited: Section 115-3; 51-21 A,B,C, D
12/9/98 - NOCV Re-inspection date - 1/4/99
1/4/99 - SOV
1/4/99 - NOH
1/5/99 - POS
Observation: Unauthorized/permitted storage structure in the rear of the store.
Overflowing trash container.
Case 99-026 - Eckerd Drugs (tenant), 1612 E. Silver Star Road Officer Loeffler
Violation cited: Section 115-3; 51-21 A,B,C, D
12/9/98 - NOCV Re-inspection date - 1/4/99
1/4/99 - SOV
1/4/99 - NOH
1/5/99 - POS
Observation: Unauthorized/permitted storage structure in the rear of the store.
Overflowing trash container.
Chairman Linebarier stated for the record that no one was present to represent these cases.
Officer Loeffler, having been sworn and stating qualifications, made a statement.
Member Skiles, seconded by Member Ellison, moved in Case 99-025, Clarke Road Inc., and
Case 99-026, Eckerd Drugs, to find the respondents in violation of Section 115-2 and 115-3 as
of December 29, 1998, but in compliance as of January 26, 1999, and no fine be imposed.
The motion carried 7-0.
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Code Enforcement Board
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Case 99-027 - John W. Skiffington Estate, c/o Nada W. Wilkinson (owner), 59 Periwinkle
Key Drive Officer Siegrist
Violation cited: Sec 115-5
12/14/98 - NOCV Re-inspection date - 12/28/98
1/4/99 - SOV
1/4/99 - NOH
1/5/99 - POS
Observation: Weeds, grass over ten (10) inches high.
Chairman Linebarier stated for the record that no one was present to represent this case.
Officer Siegrist, having been sworn and stating qualifications, made a statement. A discussion
ensued.
Member Lenko, seconded by Member Skiles, moved to find the respondent in Case 99-027
in violation of Section 115-5 as of December 24, 1998, and give them until February 2, 1999,
to come into compliance or be fined$250.00 a day thereafter. The motion carried 7-0.
Case 98-124 - David E. Cason, 499 Picwood Court Officer Siegrist
Violation cited: Section 115-5
12/14/98 - NOCV Re-inspection date - 12/28/98
1/4/99 - SOV
1/4/99 - NOH Meeting Date - 1/26/99
1/5/99 - POS Mail
1/14/99 - POS Posting
Observation: Weeds, grass over ten (10) inches high.
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Chairman Linebarier stated for the record that no one was present to represent this case.
Supervisor Simon, having been sworn and stating qualifications, made a statement. Since the
property had been abandoned the City had a contractor abate the nuisance. A discussion
ensued.
Member Lenko, seconded by Member Konicek, moved to enter an Order Imposing Fine and
Lien on Case 98-124 effective on December 5, 1998, through January 10, 1999, at $150.00
per day. The motion was restated after a brief discussion: In Case 98-124 to enter an Order
Imposing Fine and Lien effective on December 5, 1998, and up until January 10, 1999, with a
fine Of$150.00 per day during that period of time. Motion carried 7-0.
Chairman Linebarier said that the Board members had not received an update on Case 94-
109, Maria Vela, and asked if they had gone into foreclosure.
Supervisor Simon responded that it will be on the agenda for the next meeting. A discussion
ensued.
Chairman Linebarier asked about Case 98-111, Nations Bank mortgage at 477 New
Meadows Court, and whether the Order to Impose Fine and Lien had been recorded.
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January 26, 1999
COMMENTS
Administrative Supervisor Seaver - Advised that Mrs. Simon, Officer Loeffler and she would
be attending a conference for the next week, and the orders that were done at this meeting
would be recorded next week. She said she would check into the distribution of the Land
Development Code Books and try to have them in the packets for the next meeting.
Attorney Feeney - Said he would be unable to attend the Code Enforcement Meetings for the
next two (2) months and Mr. Quinn would represent his firm.
Code Enforcement Supervisor Simon - Reported that a budgetary allowance for shirts for the
Board members was being researched. She welcomed new Administrative Secretary Pat
Cornell to the Code Enforcement Board Meetings.
Member Holmes commended the Board for not having one dissenting vote. He also thanked
Officer Loeffler for informing citizens about the Community Tag notices as it related to his
own personal vehicle.
Member Konicek - None
Member Skiles - None
Member Chancey requested information regarding past member Mr. Godek. A brief
discussion ensued.
Member Ellison - None
Vice Chairman Lenko - None
Chairman Linebarier congratulated Mr. Hall for his Alternate appointment and Member
Konicek for his appointment.
ADJOURNMENT
Member Holmes, seconded by Member Skiles, moved to adjourn the meeting at 9:40 p.m.
The next meeting was scheduled for February 23, 1999 at 7:30 p.m., in the Commission
Chambers.
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January 26, 1999
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A note: for the record: Cases 98-110, 98-113, 98-118, and 98-125 were not addressed at this
meeting.
APPROVED:
Attest:
/0“144.44)4 lt
r .
Sherry eaver, A'�i" i istrative Supervisor ohn Linebarier, Chairman
Pat Cornell, Administrative Secretary
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