HomeMy WebLinkAbout20041098.tiff HEARING CERTIFICATION
DOCKET NO. 2004-14.c
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1437
FOR MULTI-FAMILY DWELLINGS FOR PERSONS PRINCIPALLY EMPLOYED AT OR
ENGAGED IN FARMING, RANCHING OR GARDENING IN THE A (AGRICULTURAL)
ZONE DISTRICT - MOISES RODRIGUEZ
A public hearing was conducted on May 19, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair- RECUSED
Commissioner William H. Jerke, Pro-Tem
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Kim Ogle
Health Department representative, Pam Smith
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated February 6,2004, and duly published February 12,
2004, in the South Weld Sun, a public hearing was conducted on February 25, 2004, to consider
the request of Moises Rodriguez for a Site Specific Development Plan and Use by Special Review
Permit #1437 for Multi-Family Dwellings for Persons Principally Employed at or Engaged in
Farming, Ranching or Gardening in the A (Agricultural) Zone District, at which time the Board
deemed it advisable to approve the request of the applicant's representative for a continuance to
March 3, 2004, when a full quorum of the Board would be present. On March 3, 2004,
Commissioner Long was excused and Chair Masden recused himself from the hearing,therefore,
the applicant's representative requested a continuance to a date when a quorum of four
Commissioners would be present,therefore,the Board deemed it advisable to continue the matter
to March 31, 2004, at 10:00 a.m. On March 31, 2004, the Department of Planning Services
requested the hearing be continued to May 19,2004,to allow the applicant and County staff to meet
with the Colorado Water Quality Control Commission to work out an appropriate assurance for
compliance with water quality standards,with the Condition that during the interim there be no more
than 25 persons living on the premises. At said hearing on May 19,2004, Lee Morrison,Assistant
County Attorney, made this a matter of record. Chair Pro-Tern Jerke clarified four commissioners
are present, with Chair Masden being recused. He stated a motion will require three affirmative
votes, and in the case of a tie vote the motion will fail and the matter will be deemed denied.
Kim Ogle, Department of Planning Services,stated approval of this permit will amend Conditional
Use Permit,CUP#25,for a labor house to be associated with the Dean Pickle operation. Mr.Ogle
stated CUP#25 allowed two ten-unit buildings that could accommodate up to 100 residents from
May 1st to September 30th each year. He stated the site is serviced with a private well permitted
through the State,and three septic tanks. He stated CUP#25 was approved in April 1977,and the
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PAGE 2
original amendment request was for 60 migrant labor persons from May 1 through September 30,
and 20 persons October 1 through April 30 in an effort to increase the usefulness and functionality
of the property and make it economically realistic to maintain and protect the property for the entire
year. He stated staff received correspondence from the applicant's representative,dated January 8,
2004, indicating a reduction to no more than 20 persons during any period. Subsequent meetings
determined that if the number of residents does not exceed 24,the facility would not be required to
address the issue of a public water supply, nor would it be under the jurisdiction of the Water Quality
Control Division;it would be under jurisdictional authority of the Weld County Department of Public
Health and Environment. Mr. Ogle stated the water quality is good; however, the system is not
adequate for more than 24 persons. He stated in August 2002,the septic system failed,and since
that time the applicant has been working with both the State and County Health Departments to
rectify the situation. Mr. Ogle gave a brief description of the location of the site,which consists of
multiple structures including dormitory living units,a bath house, laundry facility,and two single-wide
attached mobile homes being used as a dwelling unit. He stated the Town of Hudson is located to
the south and west, therefore, the property is not considered an enclave, and he described the
surrounding property uses. He further stated the facility is one of three specifically permitted in Weld
County to provide housing for migrant farm labor,and all traffic will access the site from Highway 52
along an easement. Mr.Ogle stated 15 referral agencies reviewed this proposal,9 responded with
comments that have been addressed through the Conditions of Approval and Development
Standards, and staff did not receive correspondence from surrounding property owners.
Responding to Commissioner Geile, Mr.Ogle stated with exception of the septic failure,there are
no other violations related to this property. In response to Commissioner Jerke, Mr.Ogle stated, if
approved, the owner will rent space for up to 24 migrant farm laborers for up to one year. If the
motion fails then the site remains permitted for 100 persons from May 1 to September 30;however,
due to State water issues, they will still be limited to 24 or less. He stated there are presently 18
persons residing on the site, and they will continue to operate as they have in the past. Mr. Ogle
stated, if approved, staff requests various amendments to the Draft Resolution as detailed in
Exhibit N. In response to Commissioner Jerke, Mr. Ogle stated the mobile home would be
considered a principal dwelling year round.
Pam Smith, Department of Public Health and Environment,stated she sent a letter to the applicant
requiring corrections to prevent grey water from going into the wetland area. During a site
inspection staff located the line, which the applicant has cut and capped. She stated the septic
system is old and only received minor repairs in 2002 as a result of complaints. Responding to
Commissioner Geile, Ms. Smith stated the Dean Pickle Lagoon is a separate issue. In response
to Commissioner Jerke, Ms. Smith stated since the line was capped,the septic system just flows
to the leach field as usual, which is addressed further in Development Standard #4 included in
Exhibit N. She stated there is very limited documentation regarding the septic system, therefore,
the applicant will be required to bring it up to current standards. In response to Commissioner Geile,
Ms. Smith stated the Standard is tied to the water allocation from the State. Responding to
Commissioner Jerke, Ms. Smith stated staff encourages xeriscape and drought tolerant plants;
however, this facility is unique because it consists of multi-family units with very modest
accommodations. She described the accommodations, which have limited fixtures that do not
create a lot of flow. Responding to Commissioner Geile, Ms.Smith stated there are two,two-story
buildings,and each has ten apartments. The lower apartments have attached washrooms,while
the upper units have a shared washroom. She further stated the existing water supply is adequate
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HEARING CERTIFICATION - MOISES RODRIGUEZ (USR#1437)
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if the number of residents is restricted to 24 persons,and the facility will not have to comply with the
public water requirements.
Donald Carroll, Department of Public Works,stated the main access is from Highway 52 along an
access easement agreement. In response to CommissionerJerke, Mr.Ogle stated the agreement
is recorded.
Fred Otis of Otis,Coan,and Stewart,LLC,represented the applicant and stated the applicant's son,
Javier, and his wife live on the site and take care of needs of the residents. Moises runs the
business that transports migrants to their jobs. He stated they realize it is best to comply with the
24-person maximum because it will cost too much to meet the public water requirements. Mr.Otis
stated the existing water quality is good,and the water use on the site will be much more moderate
because the 24 maximum includes visitors. He stated there are only three agricultural labor camps
available in Weld County,and approval of this application will bring the site into compliance with new
modern conditions. However, if the case is rejected, the facility will only be subject to seven
requirements approved in 1977,and will be allowed up to 100 persons in the event a public water
system is installed. Responding to CommissionerGeile, Mr.Otis stated Javier has lived on the site
for four years. He stated the site has been brought up to staffs standards, the junk vehicles have
been removed,and the accusations of vandalism were hearsay. He further stated the parcel is nine
acres, and the improvements are located on the opposite end of the site from the Hudson Park,
therefore, it is an unlikely occurrence for residents to use the Port-A-Potties at the park. He stated
the number of incident reports from the Sheriffs Office has decreased since the facility has been
under Javier's management,and he explained the applicant recruits workers to live at the facility and
work in the surrounding area. Responding further to Commissioner Geile,Mr.Otis stated Javier can
address who the residents are. Commissioner Geile commented the standard definition of migrant
housing is for persons who work during the agricultural season,with the facility being closed during
the winter months. Responding to Commissioner Jerke,Mr.Otis stated the units have electric heat.
Mr. Ogle stated the Sheriffs Office indicated no concerns with the proposed amendment, he
reviewed the incident reports for 2001 through current, and stated since Javier has been living on
the site the level of unlawful activity has decreased.
In response to CommissionerGeile,Mr.Javier Rodriguez stated most residents come in the Spring
and leave in October;there are only a couple of people who stay to work in green houses or turkey
or chicken facilities. Responding to CommissionerJerke,Mr.Rodriguez stated they purchased the
property in 1991, and his family moved there in 2001 to manage the units.
Jim Landeck, Administrator for Town of Hudson, expressed opposition to the application as
indicated in letters previously submitted and marked Exhibit 8. He stated during the past three years
the Town has received a series of complaints regarding threats made to citizens in the park, and
there have also been reports of gun fire,with an instance being witnessed by a Town Trustee. Mr.
Landeck submitted photographs taken over the past few years, marked Exhibit R, and stated the
Town had difficulty with enforcement until this review process started,which resulted in a sudden
improvement at the site. He expressed concern with the condition of the entrance road,destruction
of public property by gunshots,and debris and beer bottles littered along the road,which indicates
drunken driving. He stated Moises Rodriguez does work at keeping the roadsides picked up;
however, there are also beer bottles dropped along the railroad tracks. He further stated the
condition of the buildings is unsightly,the public Port-A-Potties were used by the facility residents
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when the septic system was backed up,they litter in the park,the water in the pond is littered with
debris,the stagnant water is a prime area for breeding mosquitos carrying the West Nile Virus,and
the pond liner may be compromised and leaching into the groundwater and town water supply. Mr.
Landeck stated the facility's water supply is minimal,the issues regarding the septic system need
to be resolved,and the brine pond is a health concern. He stated the facility is not compatible with
the surrounding uses, and the Town of Hudson is contiguous to the site on two sides. He stated
the Dean Pickle facility is closed,therefore, the associated migrant housing is no longer needed,
it is inconsistent with the Town's Master Plan,and the site is better suited for industrial zoning rather
than migrant housing. Mr. Landeck stated the use originated in 1977, there have been many
violation,and there is no longer a purpose for the facility. (Switched to Tape#2004-24.) In response
to Commissioner Jerke, Mr. Landeck stated the brine water pond was built for the Dean Pickle
facility, and he is not certain of the integrity of the pond liner, which may be leaching onto the
property to the west. In response to Commissioner Vaad, Mr. Landeck stated the original use was
temporary since there was associated with the Dean Pickle facility,which is no longer in operation.
Mr.Ogle stated CUP#25 has seven Development Standards which do not reflect a direct tie to the
Dean Pickle facility. Mr.Morrison stated a formal hearing would be required before the permit could
be revoked.
Ed Rossi, Town of Hudson Mayor, stated the property has deteriorated over the years, and he
questioned how the limits will be monitored and enforced under the new permit. He stated the
original use was migrant housing and the facility was closed during the off-season; however, it is
now functioning as an apartment building. There being no further comments,Commissioner Jerke
closed public testimony.
Mr.Otis clarified staff has verified there is no discharge from the brine water pond,and stated there
is no proof of gunfire from this facility. He stated Moises Rodriguez picks up beer bottles along the
road; however,that should not imply that the littering was done by the facility residents. He further
stated the applicant must comply with the State water requirements. According to the State
Engineer's Office,the well capacity can be increased; however, it would cost more than$100,000
to convert this to a public water system. Mr. Otis stated the applicant is willing to limit the facility to
24 persons, it has not been annexed by Hudson, and a large portion of the property is open land,
with fencing around the housing facility.
In response to Commissioner Geile, Mr. Ogle read Development Standard#1 of CUP#25 for the
record. Commissioner Geile commented the original application was for 100 people, with the
caretaker tenant being allowed year round. He stated this application is changing the use and
allowing residents to remain during the winter months. Mr. Otis stated Moises' occupation is
recruiting farm laborers, and this is not a true migrant labor camp as defined by seasonal closing.
He submitted a copy of an Access and Easement Agreement,marked Exhibit S,which was signed
by the Town of Hudson,indicating the road should be maintained by the Town. Commissioner Geile
suggested the town representatives review the document. Responding to Commissioner Jerke,Mr.
Otis stated the tenants/workers pay$25 per week for the electric costs. Mr.Morrison confirmed the
dwelling is tied to their work; there is not a separate rental agreement. Responding to
Commissioner Jerke, Javier Rodriguez stated they continue to pay$25 during the winter months
with the agreement that they stop their side jobs and resume working for Moises Rodriguez in the
summer.
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Mr. Lockhart stated the document deals with maintenance of the road from the entrance to the water
tower;it does not address the entrance or internal roads for the facility. He stated Exhibit R includes
photographs which depict the poor condition of the road, and the applicant should be required to
maintain the road.
Mr. Otis stated his interpretation of the document is that the road is the Town's responsibility up to
the applicant's property boundary,and the internal road is the applicant's duty. In response to Mr.
Otis,Commissioner Vaad confirmed the 24 person limit is in the Development Standards. Mr.Otis
stated he and the applicant have reviewed and concur with the Conditions of Approval and
Development Standards as proposed and modified.
Commissioner Geile thanked the applicant and the Town representatives for their patience
throughout this process. He stated the spirit of the original application was for seasonal migrant
housing,to ensure there were units available for migrants each season. He stated this application
would allow the facility to evolve into an apartment dwelling for year-round tenants,who are primarily
employed in agricultural activities. He encouraged the applicant to proceed with an annexation
petition to the Town of Hudson. Commissioner Geile stated denial of this application will require
compliance with the original permit,which stipulated seasonal operating times,and the water and
sewer issues will still need to be addressed. Mr. Morrison stated this application is for multi-family
dwellings for persons principally employed at or engaged in farming, ranching,or gardening;it is not
specific to migrant housing, therefore, the prior comments are not sufficient to sustain a denial
because the ordinance does not require seasonal operations. He stated this permit needs to be
reviewed on its own merits,independent of the original permit. He further stated the old permit does
not have a bearing on whether or not to approve this application, other than what will be allowed if
the request is denied.
Commissioner Long commented the farming industry has evolved to allow more year-round activity
due to new technology,therefore,year-round housing may be needed to meet employment deficits.
He stated the safety concerns regarding water and septic have been, or will be, mitigated.
Commissioner Vaad stated if this application is denied, the facility would be allowed up to 100
persons if the water and septic issues are resolved. He stated Section 23-3-40.M of the Weld
County Code has been met,and although he sympathizes with the position of the Town of Hudson,
this application was filed prior to ratification of the Intergovernmental Agreement. He stated it may
be in the Town's best interest to pursue annexation. He further stated there does not appear to be
a reason to deny the application.
Commissioner Jerke expressed concern with health issues. He stated the water level is not
adequate, and sewer is still a problem, even if the line has been capped to prevent flow to the
marshy area. He stated although it cannot be proven that the bullets were shot by facility residents,
there is a safety and welfare concern. Commissioner Jerke commented the number of incidents
has improved since Javier began managing the facility;however,the Sheriffs Office still responded
to eight calls at the site in 2002, and prior to this process there was a lot of debris on the site. He
stated there are incompatibility issues with the Town of Hudson and single family homes in the area.
He further stated this application would allow year-round housing without requiring an investment
into the property, and $25 per month to cover the electric bill does not generate enough funds for
upkeep of the facility.
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HEARING CERTIFICATION - MOISES RODRIGUEZ (USR#1437)
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Commissioner Geile moved to deny the request of Moises Rodriguez for a Site Specific
Development Plan and Use by Special Review Permit#1437 for Multi-Family Dwellings for Persons
Principally Employed at or Engaged in Farming, Ranching or Gardening in the A(Agricultural)Zone
District,based on the change from agricultural migrant housing to year-round rental properties,and
concerns regarding the health, safety, and welfare of the area residents. He stated the property
should be annexed and under the jurisdiction of the Town of Hudson. The motion was seconded
by Chair Pro-Tern Jerke. Upon a call for the vote,the motion failed two to two with Commissioners
Vaad and Long opposed.
Commissioner Vaad moved to approve the request of Moises Rodriguez for a Site Specific
Development Plan and Use by Special Review Permit#1437 for Multi-Family Dwellings for Persons
Principally Employed at or Engaged in Farming,Ranching or Gardening in the A(Agricultural)Zone
District, with the Conditions of Approval and Development Standards as proposed and modified by
staff. Commissioner Long seconded the motion. Upon a call for the vote, the motion failed with
Commissioner Geile and Chair Pro-Tem Jerke opposed,therefore,the case was deemed denied.
Mr. Ogle stated currently the facility is not in compliance, therefore, he requested the Board
establish a deadline. Mr. Morrison stated this request is not appropriate unless the applicant seeks
direction. Mr. Otis requested guidance. Ms. Smith stated the timing will depend on financing and
completing the engineer work. She stated her guidelines indicate there is adequate water for 24
people for four months,and there is even a sufficient amount for year-round use. She stated she
can provide guidance for obtaining an engineered design,which can be completed and the system
installed within a couple of months because some of the preliminary work has been completed.
Responding to Commissioner Jerke,Ms.Smith stated currently there are no visible signs of system
failure. Corrections were made in 2002, and staff would allow the facility to operate as it currently
exists if they comply with the 24-person restriction. Responding to Mr. Otis, Ms. Smith reiterated
there is no evidence of failure, and staff was requiring an upgraded individual sewage disposal
system as part of the new application, which has been denied. She stated CUP#25 allows 100
people; however,the applicant has indicated they will self-restrict the facility to 24 persons until the
Water Quality Control Division's concerns are resolved. Responding to Commissioner Geile, Mr.
Otis stated the applicant has approached the Town of Hudson regarding annexation;however,the
discussions were unproductive. Commissioner Jerke suggested a motion to set a deadline. Mr.
Morrison clarified the applicant will need to obtain a repair permit and make the repairs,if necessary.
Responding to Commissioner Vaad, Mr. Otis stated the public sewer line is located in the road
right-of-way. Ms. Smith verified it is more than 400 feet from the facility. Responding to
Commissioner Long, Mr. Morrison stated there is a septic violation process. Ms. Smith stated a
notice had been issued pursuing a correction to the violation;however,she put that process on hold
until a determination was made regarding this Use by Special Review Permit. She stated there was
no concern regarding the immediacy of failure, therefore, the facility was allowed to continue
operating during this process. Responding to CommissionerJerke, Mr.Morrison stated if they are
not able to resolve the problem, the Department of Public Health and Environment can order a
cease and desist,without revoking the CUP. Mr. Otis stated until he is certain of the problem, it is
difficult to set a time limit. Ms.Smith stated the applicant has been very cooperative,and they were
in the process of upgrading the system until she recommended they wait for the determination of
this hearing. In response to Commissioner Vaad, Ms. Smith stated currently the only pending
violation is the repair work that was done without a repair permit. There being no further discussion,
the hearing was completed at 4:10 p.m.
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HEARING CERTIFICATION - MOISES RODRIGUEZ (USR#1437)
PAGE 7
This Certification was approved on the 24th day of May 2004.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
®�� �4 RECUSED
+e, . Robert D. Masden, Chair
1861 tu;. . k to the Board
•
1, William H. Je e, Pro-Tern
s' Clerk t. the Board
M. J. 'le
TAPE #2004-23 and #2004-24
David . Long
DOCKET#2004-14
Glenn Vaad !--
2004-1098
PL1694
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1437 - MOISES RODRIGUEZ, C/O FRED OTIS
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 9/16/2003
and 10/21/2003)
D. Clerk to the Board Notice of Hearing
E. Colorado Water Quality
Control Division Letter re: Colorado Primary Drinking Water
Regulations (01/13/2004)
F. Fred Otis Letter re: Amended Application (01/13/2004)
G. Hayes, Phillips, Hoffman and Carberry Letter of Opposition representing the Town
of Hudson (02/24/2004)
H. Planning Staff Certification and Photo of sign posted on
site (02/25/2004)
Planning Staff Certificate and Photo of sign posted on site
(03/03/2004)
J. Commissioner Masden Letter recusing himself from this case,
dated 03/26/2004
K. Otis, Coan and Stewart Fax requesting continuance, dated
03/30/2004
L. Planning Staff Certification and Photo of sign posted on the
site
M. Health Staff 2 Letters (English and Spanish versions) to
the Applicant re: Graywater discharge, dated
04/05/2004
N. Planning and Health Staff 12 Memos re: Proposed Changes to the
Draft Resolution, dated 05/19/2004 and
05/14/2004
O. Planning Staff 3 photos taken May 6, 2004
P. Planning Staff 6 photos taken February 26, 2004
Q. Planning Staff 4 photos taken May 13, 2004
R. Jim Landeck Photographs and comments expressing
concerns of the Town of Hudson, submitted
05/19/2004
S. Applicant Access and Easement Agreement, dated
11/29/2000
T. Planning Staff Map of Permitted Labor Camps in Weld
County, submitted 05/19/2004
U. Planning Staff Certification and Photo of sign posting,
dated 05/06/2004
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 19TH DAY OF MAY, 2004:
DOCKET#2004-14 - MOISES RODRIGUEZ
DOCKET#2004-44 -JEFF STAMP
DOCKET#2004-43 -WESTERN EQUIPMENT AND TRUCK, INC.
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, Ci State, Zip
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 19TH DAY OF MAY, 2004:
DOCKET#2004-14 - MOISES RODRIGUEZ
DOCKET#2004-44 -JEFF STAMP
DOCKET#2004-43 -WESTERN EQUIPMENT AND TRUCK, INC.
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John a 123 Nowhere Street, City, State, Zip
ad wze. (R. 97 <17a63/
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 31ST DAY OF MARCH, 2004:
DOCKET#2004-14 - MOISES RODRIGUEZ
DOCKET#2004-27 - DUKE ENERGY FIELD SERVICES
DOCKET#2004-28 - DUKE ENERGY FIELD SERVICES
DOCKET#2004-25 - MORRIS QUICK AND MARK HOLLIDAY,
C/O MARILYN TAYLOR/RED BARON DEVELOPMENT
cj:Co ore#ate- - EVAnts lah
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 31ST DAY OF MARCH, 2004:
DOCKET#2004-14 - MOISES RODRIGUEZ
DOCKET#2004-27 - DUKE ENERGY FIELD SERVICES
DOCKET#2004-28 - DUKE ENERGY FIELD SERVICES
DOCKET#2004-25 - MORRIS QUICK AND MARK HOLLIDAY,
C/O MARILYN TAYLOR/RED BARON DEVELOPMENT
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
]Y L&ce Eimer It l> l? C.* 6h ns,Cv&04pa-
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 3RD DAY OF MARCH, 2004:
DOCKET#2004-17 - CATHERINE CARIASO
DOCKET#2004-14 - MOISES RODRIGUEZ
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
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_ATTENDANCE_ RECORD
HEARINGS ARE AS FOLLOWS ON THIS 25TH DAY OF FEBRUARY, 2004:
DOCKET#2004-19 -TIM FELTE/DOUGLAS YOUNG
DOCKET#2004-18 - HERSCHEL AND BECKY HOLLOWAY
DOCKET#2004-14 - MOISES RODRIGUEZ
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe y 123 Nowhere Street, City, State, Zip
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