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HomeMy WebLinkAbout20112426.tiff HEARING CERTIFICATION RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION A public hearing was conducted on September 13, 2011, at 10:00 a.m., with the following present: Commissioner Barbara Kirkmeyer, Chair Commissioner Sean P. Conway, Pro-Tem Commissioner William F. Garcia Commissioner David E. Long Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Tonya Disney Assistant County Attorney, Stephanie Arries Planning Department representative, Bethany Salzman Planning Department representative, Peggy Gregory Building Inspector, Frank Piancentino Environmental Health Services, Mary Evett The following business was transacted: At the request of Planning staff, Commissioner Rademacher moved to refer the following matter back to the department of Planning Services; ZCV #1100075, Lorenzo Rios. The motion was seconded by Commissioner Conway, and it carried unanimously. I hereby certify that a public hearing was conducted to consider whether to authorize the County Attorney to proceed with legal action against the individuals named for violations of the Weld County Zoning Ordinance. Cases were heard as follows: BCV#1100075-SANDERS: Peggy Gregory, Department of Planning Services, presented the case report for the record and pursuant to the case file, this property is in violation of various sections of the Weld County Code, as detailed in staffs case summary. The letter advising the property owner of today's hearing was delivered to the property owner's husband, Jeffrey Sanders, in person on August 22, 2011. Ms. Gregory stated this violation is for the change of use of a detached garage to a single family dwelling, further stating the garage was originally built in 2008 and was permitted. Ms. Gregory stated the Sanders' original plan was to build a single family dwelling; however, both Anna Sanders and Jeff Sanders lost their jobs, further stating they have been able to stock up on some of the building supplies they will need. Ms. Gregory stated after the Sanders lost their jobs they both felt they had no other option other than to convert the detached garage into a temporary dwelling in order to provide a place for their family to live. Mrs. Sanders has found employment; however, Mr. Sanders has still not secured employment. Ms. Gregory stated the Sanders do not have a septic system, they have to empty the waste into a holding tank, taking weekly trips to a dumping station. Ms. Gregory further stated the Sanders do have a water tank. Ms. Gregory stated on August 22, 2011, Mr. Sanders brought the plans into the office to go over the changes that he has made, as well as to discuss what will be required to obtain a building permit and an estimate of fees. Ms. Gregory stated she spoke with Mr. Sanders on September 1, 2011, at which time he stated he would try to get the septic permit as soon as he could, also stating he has a job lined up; Hearing Certification, Zoning Violations September 13, 2011 2011-2426 Page 1 PL0824 however, he does not know how long the job will last. Staff recommends this matter be referred to the County Attorney's Office but delay legal action for 60 days to allow the property owners time to obtain and submit the required permits. Jeffery Sanders, property owner, stated they understand they are in violation; however, they feel they do not have any other options at this time. Mr. Sanders stated he has spoken with staff and they are working on trying to resolve the issues. Mr. Sanders further stated finances have been rough for his family with both he and his wife losing their jobs and having to continue to provide for their three children. Mr. Sanders stated he does have a question for the Board regarding the road impact fee that is on the estimate sheet that staff provided him. Mr. Sanders is concerned if they pay the road impact fee now they may have to pay the fee again once they start building their home, and Chair Kirkmeyer stated the road impact fee is a one-time fee and will not need to be paid at a later date if it is paid now. Mr. Sanders stated the fees for the permits are their main concern right now in order to come into compliance with the Weld County Code. He further stated they are in the process of getting all the information requested and needed from the Planning Department in order to convert the garage to a home or a temporary housing situation, until they can come up with the money to build the home they would like to. Mr. Sanders stated if the job he is supposed to start lasts longer than a couple of months, they hopefully will be able to pay the permit fees and move forward. In response to Commissioner Rademacher, Mr. Sanders stated he does have work lined up with a previous employer but it is not intended to last long; he is hoping it will last through the end of November, 2011, or the beginning of December, 2011. In response to Commissioner Conway, Mr. Sanders stated they do not have the money right now for all the permit fees; however, they are working on it. Mr. Sanders stated they could possibly come up with some of the money for the permit fees, but not all of it at this time. Mr. Sanders stated they understand they are going to have to fix the septic system; however, they do have a vault in the ground that the waist goes into, and not that often. Mr. Sanders stated he can make that work for them for now with the amount of water that also goes into it, which on an average is about 400 gallons a week; he then hauls the waste off to the dumping station. Mr. Sanders stated he understands one of the requirements for a residential home is the requirement of a septic permit. Mr. Sanders' concern at this time is that by the time he gets the permit and has everything put in place it will add approximately another$3,000.00 to the already above mentioned fees. He stated they would like some time to get all the required permits; however,the fees that he has estimates for are going to be roughly $7,000.00, and without knowing how long he will have work, it is hard to make sure his family is provided for and to obtain the needed permits. In response to Commissioner Conway, Frank Piacentino, Building Inspection, stated he has not had the opportunity to conduct an inspection of the site as of yet; however, staff has done a site review of the property. Mr. Piacentino further stated he has spoken with Mr. Sanders extensively in the office and feels it will be possible to convert the garage into a house, if that is what they choose to do. Mr. Sanders stated he does have the plans for the garage in its original existence and the current plans of the work that has been completed to date. Chair Kirkmeyer stated at this time the Board does not need to go over the plans, but Mr. Sanders can meet with staff and discuss the details. Commissioner Conway stated he is willing to have this matter referred back to the Department of Planning Services and have staff work with Mr. Sanders on detailing what needs to be done and Hearing Certification, Zoning Violations September 13, 2011 2011-2426 Page 2 PL0824 what steps to take in order to resolve the current issues. Commissioner Conway understands Mr. Sanders is trying to come up with the money to obtain the proper permits and fees, but also has to think of his family. Commissioner Rademacher asked if there is a fee or payment schedule for people that cannot pay the fees up front. Tom Parko, Department of Planning Services, stated staff does not have any fee schedule of this sort. In response to Commissioner Conway, Stephanie Arries,Assistant County Attorney, stated the code provision allows for no flexibility in regards to the road impact fees. Ms. Arries further stated the difficulty staff has when the Board refers a situation back to the Department is how long to give the property owner to remedy the situation, and do they then take the matter back before the Board or refer it directly to the County Attorney's office for legal action. She further stated staff and the County Attorney's Office do also take into consideration if the property owner has been working toward a common goal or if there is no progress being made. Mr. Sanders stated the detached garage they are currently living in was an existing structure and is to only be temporary housing until he can find steady work and move forward on getting the home that was intended to be built, built on the property. He further stated he would like the Board to consider waiving the road impact fee until his home is built and the fee can then be assessed. Ms. Arries stated she believes the road impact fee is imposed even when a mobile home is allowed as a temporary dwelling unit pending construction. She further stated it is part of the living arrangements of temporary housing pending a permanent residence on the property. In response to Chair Kirkmeyer, Mr. Sanders stated he cannot give a time frame of when they will start to build their home, it will all depend on the economy and what kind of work he can find. He further stated he has the plans drawn up so he can start building the home, but as he stated earlier, it all depends on the economy and the work that he can secure. In response to Commissioner Conway, Commission Rademacher stated if the Board does decide to allow Mr. Sanders to pay the road impact fee when he starts to build his home,the fees may actually go up. He further stated he believes the Board is willing to give Mr. Sanders some time to remedy the violation, and in doing so, Mr. Sanders will be able to put money aside in order to pay for the fees. Commissioner Long stated given the circumstances that have been brought to the Boards attention, he is willing to give Mr. and Mrs. Sanders 120 days to resolve the matter, taking into consideration there are no health and safety issues, and it has really become a timing issue of the current economy. He further stated he believes Mr. Sanders is honestly trying to work towards something and not trying to avoid the issues that have been presented by staff today. Commissioner Conway asked Mr. Sanders if given the 120 days, does he believe he can accomplish the things discussed at today's hearing. Mr. Sanders concurred,further stating the home is their primary focus. Commissioner Conway asked both staff and the County Attorney's Office to make the effort to work with Mr. and Mrs. Sanders in this matter. He further stated he does acknowledge both do already go above and beyond to work with property owners that are putting forth the effort to right the wrongs, and thanked them for this. Hearing Certification, Zoning Violations September 13, 2011 2011-2426 Page 3 PL0824 Commissioner Long moved to refer BCV#1100075 against Anna Sanders to the County Attorney for legal action,with the instruction to delay action upon such referral until January 13,2012,to allow adequate time for the property owner to obtain the proper permits, submit all required documentation, and have all fees paid; allowing the use of the detached garage as permanent housing or to begin the construction for their permanent residence. The motion was seconded by Commissioner Conway, and it carried unanimously. BCV#1100084— MID PLAINS INVESTMENT, LLC/RICHARDSON: Ms. Gregory, Department of Planning Services, presented the case report for the record and pursuant to the case file, this property is in violation of various sections of the Weld County Code, as detailed in staff's case summary. Chair Kirkmeyer stated for the record there were several of the tenants in the audience today; however,the owner of the property is incarcerated and will not be available for any discussion until noon, if the Board feels it necessary. She further stated they can proceed with the hearing at this time; however, they will not be able to speak to the owner of the property. Ms. Gregory stated the property owner, Russell Richardson, is currently incarcerated at the Bent County Correctional Facility, and was served notice of today's hearing by the Bent County Sheriff's Department on September 2, 2011. She further stated this notice was personally served by Weld County Building Inspection personnel to the site manager, Julie Christine Yates, on September 1, 2011. Ms. Gregory stated this violation started as a complaint by the Sheriff's Office of five structures without electricity, gas, and numerous building code violations. This property was formally a motel that has since been converted into apartments to include one single family dwelling, a mobile home and an apartment that was previously a restaurant. Ms. Gregory stated an initial inspection was completed by staff on August 25, 2011, to determine the extent of the violation and building issues, and on August 26, 2011, a more thorough inspection was completed with the manager on site and additional violations were cited. Ms. Gregory stated a phone call was made to Excel Energy and was told at the time that the tenants had bypassed the meter and were pirating power;therefore,the meter was removed approximately three months ago. She further stated an additional phone call was made to Atmos Energy, and staff was told the meter had been removed due to it being tampered with, as well as non-payment. Ms. Gregory stated Mr. Richardson was also required by Weld County to get a permit to conduct air testing on the lines to check for any leaks. Mr. Richardson has an outstanding balance of over $3,000.00 to Atmos Energy Company. Ms. Gregory stated the entire heating units for units one through 15 have been removed. Ms. Gregory further stated on August 26, 2011, the manager stated she had Power of Attorney for all financial and legal matters and she was attempting to get a loan from the owner's father to restore the utilities, obtain the required permits, and make the required repairs; however, at this time Mr. Richardson's parents are not able to get a loan to make the necessary repairs. Ms. Gregory stated the Human Services Department was contacted regarding the current living conditions and the numerous children living on the premises, staff was informed by the Department of Human Services that there are no child protection concerns identified. On September 2, 2011, the tenants from unit 16 came to the office and spoke with staff and explained they were trying to get the utilities switched over into their names so that the electric and gas could be restored. Damien Combs and April Ward,tenants of unit 16,were able to accomplish this with Atmos Energy but not Excel Energy. Ms. Gregory stated a phone call was made to Excel Energy by the inspection personnel, as well as Mr. Combs and Ms. Ward, and a resolution was agreed upon, pending a payment being made for the past due amount. Ms. Gregory stated a phone call was made to staff by Mr. Combs and Ms. Ward on September 6, 2011, stating Excel Energy did come to the site; however,there were still concerns Excel Energy had that unit 16 was not on a separate meter, so power was still not restored. Ms. Gregory spoke with Christine Yates, manager, on September 7, 2011, and asked her to provide a copy of her Power of Attorney,which she did; however, she stated she was going to be leaving town for three to five months and was going to revoke the Power of Attorney, further stating Hearing Certification, Zoning Violations September 13, 2011 2011-2426 Page 4 PL0824 there is no one else on site who would be able to step in as manager. Ms. Gregory stated notices were delivered to each tenant in person by staff, which were either signed for, or posted on the individual doors of each unit on September 2, 2011, further stating the letters listed the contact information for possible assistance resources. Ms. Gregory stated there was an inspection conducted this morning by Jonathan Gesick, noting there are now tenants living in units 3,7, 11, 12, 16, 17, and 18, there are two children in unit 3, and Christine the manager has still not left town and is living in unit 12. Ms. Gregory stated unit 16 does have electricity and gas, a separate septic system which is permitted, and is considered safe. The tenants in unit 18 spoke with staff and stated they are working on the electrical issues and are in the process of changing over the gas appliances to electric appliances for heat and water, as well as switching out the appliances in the kitchen. Ms. Gregory stated a permit will be required for those changes. She further stated units 1 thru 15 are still without power and gas. Ms. Gregory stated the Sheriffs Office has stated they still receive approximately five phone calls a week on this property, which is considered to be problematic. Frank Piancentino, Building Official, stated there have been three inspections conducted on this property with the findings of numerous code violations for electrical, mechanical, and plumbing. Mr. Piancentino stated electricity has been shut off from the majority of the units due to tampering and pirating of services. Mr. Piancentino reviewed multiple photographs taken at the site of the units and the different violations within each unit. Mr. Piancentino stated he would recommend the electrical boxes be removed from various units, due to the open wiring, until permits can be obtained and a professional electrician contracted to do the necessary work. He further stated some of the tenants have attached propane tanks to the hot water heater in order to have hot water, which is a safety hazard. Mr. Piancentino stated unit 16 did have a permit to convert a restaurant into living quarters in 1985; the unit does have electric, natural gas, and a permitted septic system, further stating it is his opinion this is the only unit on site that is habitable. Mary Evett, Environmental Health Services, stated there is an open failing septic complaint for the site. In July, 2011, Ms. Evett stated she visited the site several times and spoke with Brian Bunning, tenant of unit 18, who stated he was the manager of the complex at the time. Ms. Evett stated there were no specific details in the complaint that staff received. Ms. Evett stated staff has researched the septic permits for the site and found there are several septic tanks to the north of the property that are not permitted. The unit that is east of the property, which used to be the restaurant, does have its own septic tank and has been permitted. Ms. Evett described and explained several photographs of the septic tanks on the property; the lift stations, open sewage pipes, sewage seepage, and uncovered septic areas. Ms. Evett received a phone call from Jonathan Gesick, Building Inspection, on September 2, 2011, stating there was overflowing sewage. She further stated when she originally went to the site there were no issues with the tanks;the main concerns at the time were the exposed sewage pipe, no proper fitting lids, and a lift station not working. Ms. Evett stated she inspected the site again and did notice the sewage seepage, and lids were off the septic tanks, as well as some of them being broken. She stated one of the tenants stated there had been a sewage pumper company at the site which started pumping but then left without any explanation of why. The tenant did not remember the company name to provide to staff. Ms. Evett stated a letter was sent to the property owner in August, 2011; however, the letter was never claimed and that is when she found out Mr. Richardson was incarcerated. Ms. Evett further stated she submitted a letter to the Bent County Jail and she received an e-mailed from the Sheriffs Office at the Bent County Jail that the letter was served to Mr. Richardson last Friday. Staff will give the property owner 10 days to correct the issues. Hearing Certification, Zoning Violations September 13, 2011 2011-2426 Page 5 PL0824 In response to Commissioner Rademacher, Ms. Gregory stated she had contacted the Human Services Department and they found no child protection issues, they did not speak of any building issues, only that they did not feel there were any major issues with the children being on the property. In response to Commissioner Garcia, Mr. Piancentino stated unit 16 has its own septic system that has been permitted and according to Ms. Evett the septic system was not failing at the time of inspection. In response to Commissioner Conway, Ms. Gregory stated staff is recommending this matter be referred to the County Attorney's Office for immediate legal action under Section 113-2 of the 2006 International Building Code. In response to Chair Kirkmeyer, Ms. Gregory stated staff has been told Mr. Richardson would be incarcerated for 18 months but was unsure of when the time started or the exact date it would end. Ms. Gregory stated she spoke with Mr. Richardson's case manager, Mr. Hernandez,who stated he could arrange for a conference call today, at approximately noon, if the Board felt it necessary. In response to Commissioner Conway, Ms. Gregory stated Mr. Richardson did not request to speak with the Board, only that he was willing if it was necessary. In response to Commissioner Rademacher, Ms. Arries stated according to Ms. Gregory, Mr. Hernandez, would not be in the office until 11:00 a.m. today, at which time they could then arrange a time to speak with Mr. Richardson if the Board requested it. In response to Commissioner Rademacher, Ms.Arries stated Ms. Yates will be able to act on behalf of the property because of the Power of Attorney; however, Ms. Yates did send in a notice to staff that she would be revoking her Power of Attorney and is unwilling to speak to the Board. Chair Kirkmeyer addressed the audience to see if there was anyone to represent Mr. Richardson and there was not. She further stated although this is not a public hearing, the Board is willing to hear public testimony regarding this matter. Michael Mallard, tenant, stated he would like to ask the Board for some time to find a new place to move his family. Mr. Mallard stated he has loaned Mr. Richardson approximately$5,000.00, he has done $1,000.00 worth of yard maintenance, and he loaned Mr. Richardson $2,000.00 to have the gas lines inspected. He stated he was not aware of the sewer issues or that the electricity was being pirated; he believed the bills were being paid. In response to Chair Kirkmeyer, Mr. Mallard stated he has a year lease that he signed on July 1, 2011, and he is currently living in units 2, 3, and 4. Mr. Mallard stated he has done remodeling in the past so has worked on some of his own units. Mr. Mallard further stated he is trying to secure a place for him and his family to move to, and in response to Chair Kirkmeyer, believes he can have it secured within three weeks if the Board will give him the time. Mr. Mallard stated he considers himself a stay-at-home dad and really wants to provide for his family. In response to Commissioner Conway, Mr. Mallard stated the money he loaned to Mr. Richardson was above and beyond his rent payments. Damien Combs,tenant, stated he lives in unit 16 and has taken care of the violations that pertained to his specific unit. He further stated he believes this matter should not affect the unit he lives in. Mr. Combs stated he has been able to get the gas and electricity turned back on, he pays for his own trash, and unit 16 has its own septic tank. Commission Conway and Commissioner Rademacher asked Mr. Piancentino if they were correct in saying Mr. Combs is not Hearing Certification, Zoning Violations September 13, 2011 2011-2426 Page 6 PL0824 affected by this violation because this particular unit is a habitable unit, and Mr. Piancentino concurred. Commissioner Conway stated he commended staff for being diligent on taking care of this matter quickly, tracking down the owner, being proactive with the tenants by letting them know what is going on, contacted Human Services, and have worked well with other departments. Ms. Gregory stated the letters that were given to the tenants has a list of community references for them to get in touch with and hopefully find the additional help they may need. In response to Commissioner Conway, Mr. Piancentino stated it will take approximately $5,000.00 to bring this property up to code. The Board agreed there was not any reason to speak with Mr. Richardson. In response to Chair Kirkmeyer, Ms. Arries stated they have already filed the case with the courts, and even with the request for an immediate hearing on a preliminary injunction, Mr. Richardson has ten days to file a response, and then a hearing is set; with that said, it will be at least three weeks before this case goes before a judge. Commissioner Conway asked staff to make sure all the tenants be informed of what is going on in order for them to make other living arrangements. He stated he understands staff has already given the tenant a letter that included information of agencies that could help in this situation. Commissioner Conway moved to refer BCV #1100084 against Mid Plains Investment, LLC, and Russell Richardson to the County Attorney for immediate legal action. The motion was seconded by Commissioner Garcia, and it carried unanimously. Mr. Mallard stated he would personally take care of some of the sewage issues. ZCV#1100045-BUROUGH: Bethany Salzman, Department of Planning Services, presented the case report for the record and pursuant to the case file, this property is in violation of various sections of the Weld County Code, as detailed in staffs case summary. To bring the property into compliance, the roustabout company shall be, either, permitted or removed from the site. Ms. Salzman stated when she spoke with Sheri Lockman, representative for David Burough, it was her understanding that because the property is partially located in the flood plain area, David Burough is looking for new properties to move the business to. Ms. Salzman stated they have also purchased a property close to the City of Evans; however, it is still within the county. She further stated this site has a Use by Special Review (USR) already in place for a roustabout company; however, it is for a much smaller scale operation than Mr. Buroughs current operation. Ms. Salzman stated Mr. Burough has agreed to submit a pre-application within 30 days to meet with staff to discuss the limitations of the property he currently has, and to make sure he is in compliance, further stating within that 30 day period he will relocate what they can to the other property that is currently permitted through the USR. Ms. Salzman stated Mr. Burough will still have a good portion of the business that will not fit on the USR property. Staff is recommending this matter be referred to the County Attorney's Office, but delay legal action for 60 days, allowing the property owner time to find a new property, and start the USR process. Ms. Salzman stated staff will continue to work with Mr. Burough as long as he is making forward progress, and in speaking to Ms. Lockman this morning, Mr. Burough is agreeable to this arrangement. In response to Commissioner Conway, Ms. Salzman stated she does not know if 60 days is truly enough time for Mr. Burough to find a location for the business and move it; however, as long as staff sees Mr. Burough is making forward process, they are willing to continue working with him. Hearing Certification, Zoning Violations September 13, 2011 2011-2426 Page 7 PL0824 Ms. Lockman stated Mr. Burough has worked hard to try to bring the property into compliance. Ms. Lockman stated she believes one of Mr. Burough's main issues is that he has two parts of the business, one being the roustabout, which he originally located at a site that he was leasing in the City of Evans. That building burned down, forcing Mr. Burough to move his business to his home site, which is when the violation began. Ms. Lockman stated he now has a contract on the leased property and is trying to get the building rebuilt. Ms. Lockman stated once the building is rebuilt, he will then move a part of the roustabout back to that location; however, the business is big enough that the site will not house the entire business, but feels he can work within the numbers of the existing USR. She further stated they are going to try and get this taken care of within 30 days, further stating there are things that have to happen that will not be in his control, such as the banks than may prolong the outcome of this project. Ms. Lockman stated the other part of the business is the painting of oil and gas equipment. She stated he would be further along; however, there was a misunderstanding when he went through the pre-application process. Ms. Lockman stated when Mr. Burough went through the pre-application, process he was told he would have to get a flood hazard permit, which Mr. Burough did not have a problem with. She further stated the misunderstanding came when Mr. Burough realized he could not have outdoor storage or outdoor painting on a site in a flood plain area, even with a flood hazard permit,which made this site useless for this part of his business. Ms. Lockman stated since Mr. Burough hired her to help find sites for the business, she has discovered it is almost impossible to have an outdoor painting facility. Ms. Lockman stated Mr. Burough has contacted a realtor and has had her look at a couple of sites to see if they would work for the business. She further stated his family also owns some property that Mr. Burough is looking into to see if any will work with the type of business he operates, and if so, they will be able to move forward. She further stated they are asking for as much time as the Board will allow, they are just unsure of how soon everything will fall in place. David Burough, property owner, stated he does not have any problem with doing what he needs to do and doing it in the correct manner. Mr. Burough stated he had to move his business after the fire, and his intentions after the fire was to rebuild quickly; however, it is taking longer than expected. He further stated the building permit was issued two weeks ago and the building is now framed,they still need to install installation, sheeting, and electrical;further stating, as fast as the contractors are willing go he can go as well. Mr. Burough stated as soon as the building is complete, the transfer of the business will take place which will satisfy that part of the violation. Mr. Burough stated he had every intention to get the USR for the painting portion of the business and had no idea that the flood plain would disqualify the USR; however, he does understand that now. He further stated he does not have a problem finding another property to conduct the painting from and is doing everything he can to find another property. He stated he has five different realtors looking for properties; he is also meeting with the fire district this afternoon. Mr. Burough stated he cannot guarantee he will have everything resolved within 90 days but he is doing his best to take care of the violation issues. Ms. Lockman stated Mr. Burough does have his state permits for the painting portion of the business, entered in as "Exhibit A", so there is no issue on the state side. Chair Kirkmeyer discussed the option of referring this matter back to the Department of Planning Services and the Board concurred. Commissioner Conway moved to refer ZCV #1100045 against David Burough back to the Department of Planning Services. The motion was seconded by Commissioner Rademacher, and it carried unanimously. There being no further discussion, the hearing was completed at 11:04 a.m. Hearing Certification, Zoning Violations September 13, 2011 2011-2426 Page 8 PL0824 This Certification was approved on the 19th day of September, 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:�,c,�..��'-� � rba � L . i Cc c/x B irkmeyer, C a Weld County Clerk to the Board ,/ p Sean P. Conwa , Pro-Tem CO BY: l�.S,�vyy�R / /�� Deputy C k to the Board (/t,�]l/ -' Wil F. G rcia Of AP O FORM: r .vJ Davi E. 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