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HomeMy WebLinkAbout20042956.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING .,JMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by John Folsom,that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1474 APPLICANT: Gary & Carol Vander Wal PLANNER: Michelle Katyryniuk LEGAL DESCRIPTION: Lot B RE-2208; Pt of the SE4 Section 9, T5N, R64W of the 6th P.M., Weld County, Colorado. REQUEST: A Site Specific Development Plan and a Special Review Permit for a business permitted as a use by right or accessory use in the Commercial Zone District(Office and storage for a dairy supply and services business) in the A(Agriculture)Zone District. LOCATION: South of and adjacent to CR 388; '/:mile east of State Hwy 37. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-60 (A.Goal 4) states, "Conversion of agricultural land to nonurban residential, commercial and industrial uses will be accommodated when the subject site is in an area that can support such development. Such development shall attempt to be compatible with the region." Application materials indicate that the site can support the proposed use.Conditions of Approval and Development standards ensure that a reasonable attempt will be made to be compatible with the region. B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural) Zone District. Section 23-3-40.R of the Weld County Code provides for a for a business permitted as a use by right or accessory use in the Commercial Zone District in the A (Agricultural) Zone District. C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding property to the north, east and west are primarily residential. The property to the south is Agricultural. The development standards and conditions of approval will ensure compatibility with adjacent properties. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The subject property lies within the three mile referral area of the Town of Kersey. The Town of Kersey reviewed the request and found no conflicts with their interests. E. Section 23-2-220.A.5—The site lies within the Flood Hazard District. The applicants have applied for a Flood Hazard Development Permit(FHDP)for the proposed shop. Any future buildings will require an Amendment to the FHDP. Building Permits issued on the Lot will be required to adhere to the fee structure of County Wide Road Impact Program (Ordinance 2002-11). F. Section 23-2-220.A.6 --The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The lot is too small to be a viable farming operation in accordance with Section 22-2-60.1 of the Weld County Code. EXHIBIT 2004-2956 Resolution USR-1474 Gary Vander Wal Page 2 G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part,upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission's recommendation for approval is conditional upon the following: 1. Prior to scheduling a Board of County Commissioners hearing: A. The applicant has not delineated any on-site sign(s). If any on-site sign(s) are desired the Department of Planning Services shall be notified in writing. The signs shall adhere to Section 23-4-90.A and .B of the Weld County Code. One identification sign per principal use shall be allowed, provided that the sign does not exceed sixteen (16)square feet in area per face. Further, the location of the sign, if applicable shall be delineated on the USR plat. (Department of Planning Services) B. Written evidence from the oil and gas company indicating all requirements and agreements between the surface developer and the mineral owners and/or lessees have been completed shall be submitted or evidence that an adequate attempt has been made to mitigate their concerns shall be submitted to the Department of Planning Services. (Department of Planning Services) C. The applicant shall submit a drainage report which is prepared by a registered professional engineer licensed in the State of Colorado to the Department of Public Works for their approval. Written evidence of the Department of Public Work's approval shall be submitted to the Department of Planning Services. (Department of Planning Services and Public Works) 2. Prior to recording the plat: A. All pages of the plat shall be labeled USR-1474 (Department of Planning Services) B. The plat shall be amended to delineate the following: 1. The attached Development Standards. (Department of Planning Services) 2. The approved Landscape/Screening Plan. (Department of Planning Services) 3. County Road 388 is designated on the Weld County Roadway Classification Plan, as a collector status road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 40 feet from the centerline of County Road 388 shall be delineated on the plat as right-of-way reservation for future expansion of County Road 388. (Department of Public Works) 4. This facility, shall adhere to the number of on-site parking spaces in Appendix 23-B of the Weld County Code. The total number of on-site parking for this facility shall be seven(7)spaces. Further,the applicant shall delineate curb stops for the parking spaces shown on the USR plat. (Department of Planning Services and Public Works) 5. The internal circulation within the site is unclear. Future drawings shall delineate the proposed circulation pattern throughout the property. (Department of Planning Services) 6. Any approved signs, if applicable. (Department of Planning Services) Resolution USR-1474 • Gary Vander Wal Page 3 7. A two-hundred-foot radius from any tank battery and one-hundred-fifty-foot radius of any well head. (Department of Planning Services) 8. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) C. The applicant shall submit a Landscape/Screening Plan for review and approval. The plan shall address the following: 1. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent public rights-of-way and adjacent properties. These areas shall be designed and used in a manner that will prevent wind or animal scattered trash. 2. Section 23-3-360.F of the Weld County Code addresses the issue of on-site lighting, including security lighting if applicable. States "any lighting ... shall be designed, located and operated in such a manner as to meet the following standards:sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties...." 3. Any outside storage of vehicles or equipment shall be screen from surrounding property owners and adjacent right-of-ways. 4. The applicant shall demonstrate how the proposed and existing plant material will be irrigated. (Department of Planning Services) D. The applicant shall enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all required improvements. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. The improvements agreement will not be needed if the necessary improvements are done to the satisfaction of the Department of Public Works and the Department of Planning Services. (Department of Planning Services) E. The West Greeley Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. (West Greeley Soil Conservation District) F. The applicant shall contact the Colorado Department of Transportation (CDOT) to verify a safe and adequate intersection at State Hwy 37 and County Road 388. Evidence of CDOT approval shall be submitted to the Department of Planning Services.(Department of Planning Services) G. The applicant shall submitted a recorded copy of the deed to the Department of Planning Services. (Department of Planning Services) H. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 3. Prior to issuance of the Certificate of Occupancy: A. An individual sewage disposal system is required for the proposed steel building and shall be installed according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) B. The septic system(s)is/are required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) • Resolution USR-1474 Gary Vander Wal Page 4 C. The installation of the septic system shall comply with the Weld County I.S.D.S Flood Plain Policy. (Department of Public Health and Environment) 4. Prior to issuance of Building Permits: 1. In the event that 1 or more acres are disturbed during the construction and development of this site, the applicant shall inquire with the Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment if they are required to obtain a stormwater discharge permit. Alternately, the applicant can provide evidence from WQCD that they are not subject to these requirements. (Department of Public Health and Environment) 5. Upon completion of 1. and 2. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty(30)days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 6. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are.dwg, .dxf,and .dgn(Microstation); acceptable GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to mapseco.weld.co.us. (Department of Planning Services) 7. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Gary &Carol Vander Wal USR-1474 1. A Site Specific Development Plan and a Special Review Permit for a business permitted as a use by right or accessory use in the Commercial Zone District (Office and storage for a dairy supply and services business) in the A(Agricultural)Zone District. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30 20 100.5,C.R.S.,as amended)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act,30 20 100.5,C.R.S.,as amended. (Department of Public Health and Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris,and other potential nuisance conditions. (Department of Public Health and Environment) 6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 7. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25 12 103 C.R.S., as amended. (Department of Public Health and Environment) 8. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility. (Department of Public Health and Environment) 9. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 10. The facility shall utilize the existing public water supply (North Weld County Water District). (Department of Public Health and Environment) 11. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants(HAP's)and volatile organic compounds (VOC's). (Department of Public Health and Environment) 12. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 13. The operation shall comply with all applicable rules and regulations from the Weld County Code,State of Colorado,Air Pollution Control Division and Water Quality Control Division,Colorado Department of Labor and Employment,and the Environmental Protection Agency. (Department of Public Health and Environment) 14. A plan review is required for each building for which a building permit is required. (Department of Building Inspection) 15. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) Resolution USR-1474 .Gary Vander Wal Page 2 16. Except for pole type structures, each building will require an engineered foundation based on a site- specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) 17. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) 18. The historical flow patterns and run-off amounts will be maintained on site in such a manner that will reasonably preserve the natural character of the area and not prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and / or unplanned ponding of storm run-off. (Department of Public Works) 19. The off-street parking spaces including the access drive shall be surfaced with gravel or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works) 20. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 21. The landscaping on site shall be maintained in accordance with the approved Landscape/Screening Plan. (Department of Planning Services) 22. As indicated by the application, the number of employees for the office and storage for a dairy supply and services business shall be limited to seven (7). (Department of Planning Services) 23. As indicated by the application material the hours of operation will be limited to 7:00 a.m.to 6:00 p.m., Monday through Friday, except in the cases of emergency. (Department of Planning Services) 24. If any work associate with this project requires the placement of dredged or fill material, and any excavation associated with a dredged or fill project, either temporary or permanent, the US Army Corps of Engineers should be contacted. (US Army Corps of Engineers) 25. Storage of all equipment shall be located inside the proposed building. (Department of Planning Services) 26. Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds,pursuant to Chapter 15, Articles I and II of the Weld County Code. (Department of Planning Services) 27. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 28. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 29. Personnel from the Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. Resolution USR-1474 Gary Vander Wal Page 3 30. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 31. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. Motion seconded by Stephen Mokray VOTE: For Passage Against Passage Absent Michael Miller John Folsom Bryant Gimlin Stephen Mokray Bruce Fitzgerald James Rohn Tonya Stobel Chad Auer Doug Ochsner The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on June 1, 2004. Dated the 1s'of June, 2004. un ASCY--C-K C Voneen Macklin Secretary (; - / - t.).CcH Don Carroll added that the County will work with the municipalities for future right of way. Mr. Miller asked if the reservation is included in this plan. Mr. Carroll added it was included. James Rohn asked Mr. Carroll about the traffic on the roads,what is the speed limits and traffic counts? Mr. Carroll stated the roads have both been annexed and the assumption for the speed limit is 55 mph and there is no way to know the traffic counts. Mr. Rohn asked about the accidents at the intersection. Mr. Carroll stated did not have this information. Michael Miller asked Char Davis about the request that there be no toilet in the shop. Ms. Davis stated it was acceptable as long as the home can be used for employees. John Folsom moved to amend Development Standards#25 to include"no". James Rohn seconded. Motion carried. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. John Folsom moved that Case USR-1473, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Stephen Mokray seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,yes;Stephan Mokray,yes;Michael Miller,yes;James Rohn,yes;Tonya Strobel,yes;Chad Auer,yes; Doug Ochsner, yes; Bruce Fitzgerald, yes. Motion carried unanimously. — CASE NUMBER: USR-1474 APPLICANT: Gary &Carol Vander Wal - PLANNER: Michelle Katyryniuk LEGAL DESCRIPTION: Lot B RE-2208; Pt of the SE4 Section 9,T5N, R64W of the 6th P.M., Weld County, Colorado. REQUEST: A Site Specific Development Plan and a Special Review Permit for a business permitted as a use by right or accessory use in the Commercial Zone District(Office and storage for a dairy supply and services business) in the A(Agriculture)Zone District. LOCATION: South of and adjacent to CR 388; 1/2 mile east of State Hwy 37. Michelle Katyryniuk, Department of Planning Services presented Case USR-1474, reading the recommendation and comments into the record. The Department of Planning Services is recommending approval of the application along with the Conditions of Approval and Development Standards. John Folsom asked Ms. Katyryniuk about the flood hazard permit that is required for the proposed building and if it would address the change in elevation on the property? Ms.Katyryniuk stated there is a flood hazard development permit that was approved for the home and the applicants are applying for a FHDP to address the shop but Condition 2H requested by Public Works is for a drainage report which should help mitigate any concerns from the neighbors about the rise in elevation from the driveway. Mr. Folsom indicated the neighbors concerns were for the additional elevation of the driveway which could potentially cause additional flooding on his property. Mr. Folsom asked if the flood hazard permit will address the neighbors concerns. Ms. Katyryniuk indicated it would only address the structures. Mr. Morrison stated the flood hazard permit addresses the administrative steps that need to be taken, if the construction causes a net rise over one foot then the area may need to be restudied. The FHDP is the mechanism that would lead to that direction. James Rohn asked about the historical drainage flow of the property. Mr. Morrison stated the flood hazard permit process is to identify issues and make sure that construction that occurs within the flood hazard _" permitted property does not violate flood regulations. Mr. Rohn asked why a copy of the deed is needed? Ms.Katyryniuk stated that the applicants are purchasing the property and a new deed indicating this is needed t to show ownership. m Michael Miller asked about the letter from Phillip Mathis and if he lives up or down stream from this site. Ms V Katyryniuk indicated he lives west of this site. WW14 `1e James Rohn asked if the Division of Wildlife has responded. Ms. Katyryniuk stated she has not received a referral from the Division of Wildlife. Gary& Carol Vander Wal, applicants, stated that they understood the main concern from the surrounding property owner is the potential flood issue and those concerns will be addressed with the USR permit. Mr. Miller asked where the shop was to be built. Mr. Vander Wal stated he intends to build next to the road in order to keep the shop away from the residence. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Phillip Mathis,neighbor,indicated that the road/driveway to the applicants home is inaccessible when it floods. If the road is raised up any more it will causes more water on his property. Mr. Miller added that the flood hazard development permit will require the applicants to address any concerns or affects on the neighboring properties. Mr. Mathis added that a business needs to be able to be accessible. The last flood was in 2000 and the road to the applicants home was completely under two foot of water. Mr. Morrison asked if the house stayed above the flood level. Mr. Mathis stated it stayed above because it sits on an island. Mr. Morrison added the flood hazard permit does not address the driveway. The permit allows for the rise on the structure and that is working, if the driveway is raised there will may be affects on surrounding properties. John Folsom asked Mr. Mathis for clarification with regards to the how high the road has been raised. Mr. Mathis stated the road has been raised approximately 18 inches and this has caused more water on his property. The Chair closed the public portion of the hearing. Michael Miller asked if the flood hazard can be written to include the road as well as the building. Ms. Katyryniuk stated that the permit addresses the structures but in looking at the elevations that have been submitted with the FHDP the road the applicants are proposing to the shop will be parallel to CR 388 and at a lower grade then the County Road. Therefore any flood water should be able to go over the road and not act as a dam. Mr. Miller asked if the access to the home off CR 388 is the same as access to the new building. Ms. Katyryniuk stated it was. Mr. Miller added that if the road would just access onto CR 388 and was it to late to address the road to the house since it has already been approved and built. Ms. Katyryniuk stated that there is a condition requesting a drainage report from the applicants which should help mitigate the drainage on site which will take into consideration the existing road as well as the proposed roads. Don Carroll added the road has been elevated 18 inches,the home has been elevated out of the flood plain. Michael Miller asked Mr.Carroll about the road and the damming affect that it might cause and a culvert would be a reasonable cure. Mr.Carroll stated that a drainage study has been asked for and culverts are a possible solution. There is also the option for a slow water crossing to help alleviate back up onto other properties. The flood hazard development permit reviews structure elevation not necessarily approaches to structures. James Rohn asked Mr.Carroll if a business is proposed could the road need to be built higher in order to gain access to that business. Mr.Carroll suggested the applicant could be asked if there are any plans to elevate the road. Mr.Miller stated the applicant early testified that the road could be built next to and parallel CR 388. This should not add to the problem. John Folsom asked Mr. Carroll for clarification on the drainage report and if it will address the problem of flooding and would it specify a means of mitigation. Mr. Carroll stated the report is needed first before concerns can be addressed. If the report does not address the concerns brought forth then more information will be required. Mr. Folsom clarified that staff will not accept the report unless the required information was addressed as well as mitigation. Mr. Folsom asked if the report will address this property only or surrounding properties as well? Mr. Carroll indicated that questions in the drainage report. Michelle Katyryniuk added that the drainage report will be stamped and signed by a certified engineer indicating it will not affect the neighboring properties. James Rohn asked Mr.Vander Wal about the driveway and if there are any plans to build the road up? Mr. Vander Wal stated there are no plans to do this and until a flood happens there is no way of knowing how bad the situation can be. Mr. Vander Wal indicated it may not be cost affective to build the driveway up for something that happens once every ten years for a few weeks. Therefore culverts seem to be a better solution to the problem but that can be determined after the drainage report. John Folsom indicated that the report must be reviewed along with the recommendations. Mr. Miller added that low water crossings has been an effective option in the area. Michelle Katyryniuk added that staff recommends moving Condition 2.H to Prior to the Board of County Commissioners 1.C to help address some of the neighbors issues. John Folsom moved to approve staff recommendations to move Condition 2.H to 1.C. Stephen Mokray seconded. Motion carried. John Folsom moved that Case USR-1474, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Stephen Mokray seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,yes;Stephan Mokray,yes;Michael Miller,yes;James Rohn,yes;Tonya Strobel,yes;Chad Auer,yes; Doug Ochsner, yes. Motion carried unanimously. James Rohn commented "I vote yes but continue my opposition of developing land in the flood plains." John Folsom commented he is hopeful that the neighbors concerns will be mitigated or removed with the soils report that will be reviewed by Public Works. Meeting adjourned at 2:30pm Respectfully pectfully submitted Voneen Macklin Secretary Hello