PC_08-05-09_Meeting_MinutesMEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on August 5, 2009.
PRESENT: June M. Wilmot, Chairman/Member at Large, Roger L. Thomas, Vice Chainman/Opequon
District; Brian Madagan, Opequon District; Gary R. Oates, Stonewall District, Richard Ruckrman, Stonewall
District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Charles E. Triplett,
Gainesboro District, George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District Kevin O. Crosen,
Back Creek District, Roderick Williams, Legal Counsel; and Gary Lofton, Board of Supervisors Liaison.
ABSENT: Gregory S. Kerr, Red Bud District; Christopher M. Mona, Red Bud District.
STAFF PRESENT: Eric R. LaPYence Planning Director; Michael T. Ruddy, Deputy Planting Director; Mark
R. Cheran, Zoning & Subdivision Administrator; John A. Bishop, Deputy Director - Transportation; Candice E.
Perkins, Senior Planner; and Renee' S. Arlotta, Clerk.
CALL TO ORDER & ADOPTION OF AGENDA
• Chairman Wilmot called the meeting to order at 7:00 p.m.
Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the Planning
Commission unanimously adopted the August 5, 2009 agenda for this evening's meeting.
MINUTES
Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the Planning
Conmiission unanimously approved the minutes of the June 17, 2009 meeting.
Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the Planning
Commission unanimously approved the minutes of the July 1, 2009 meeting.
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COMMITTEE REPORTS
Sanitation Authority — 7/21/09 Mtg.
Commissioner Unger reported that the Sanitation Authority currently has 13,100 customers and
they met their quota for this year of 200 new customers. Commissioner Unger reported that rainfall for the month
of June was above average at five inches, average rainfall for June is 3.2 inches, and groundwater is steady.
Commissioner Unger said the Parkins Mill Plant is on schedule and completion is expected in October or
November, 2009. He added that the Sanitation Authority allowed the 911 frequency on their tower at no charge.
Transportation Committee — 7/27109 Mtg.
Commissioner Kriz reported that the Transportation Committee made the following
recommendations to the Board of Supervisors: 1) Tiger Grant Applications will be submitted for federal funding
for Route 37, from Exit 310 to Route 522; Phase I of the I -81 and Route 37 Interchange; and Supplemental
funding for the Russell 150 Road Improvements. 2) Projects to be submitted for VDOT Revenue Sharing Funds
include the Russell 150 Project at $700,000; the Route 11 North Project, between Route 37 and I -81 at $250,000;
and the Intersection of Route I 1 South and Opequon Church at $50,000. It was noted that previously allocated
funds for Inverlee Way will be transferred to Renaissance drive so the money will not be lost due to time
commitments. 3) Warning signs, stating road is unsafe for truck traffic, should be installed at both ends of
Double Church Road as a first step in restricting truck traffic; Warren County is going to restrict truck traffic on
this road. 4) A resolution in support of Rep. Frank Wolf to commercialize Virginia's Rest Stops, if local tourism
boards will be accommodated.
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CITIZEN COMMENTS
Chairman Wilmot called for public comments on any subject not on the Commission's agenda
for this evening. No one came forward to speak.
PUBLIC HEARING
Rezoning Application #04 -09 of the Wampler Property, submitted by Patton, Harris, Rust & Associates
(PHR &A), to rezone 2.16 acres from RA (Rural Areas) District to B2 (Business General) District, with
proffers, for commercial use. The property is located west and adjacent to Martinsburg Pike (Rt. 11),
approximately 1,000 feet south of the intersection of Route 11 and Stephenson Road, and approximately
1,900 feet north of the intersection of Route 11 and Old Charlestown Road. The property is further
identified with P.I.N. 44B -1 -12D in the Stonewall Magisterial District.
Action — Tabled for 45 Days
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Deputy Planning Director, Michael T. Ruddy, reported that the property is located within the
SWSA (Sewer and Water Service Area); the land uses proposed in this rezoning are generally consistent with the
Northeast Land Use Plan and the commercial designation for this area; and the application addresses the
appearance of the Route I 1 corridor and provides a monetary contribution towards transportation improvements
adjacent to this site. Mr. Ruddy said the applicant has provided a GDP (Generalized Development Plan) which
identifies site access and it provides locations for inter- parcel connectivity, should the adjacent properties develop
at some future time. In addition, the applicant has provided some additional landscaping along Route 11 and has
further clarified this with a proffered landscape exhibit. Mr. Ruddy noted that in the event the development of the
property would exceed 2,000 vehicle trips per day, the proffered monetary contribution will increase from
$75,000 to $100,000. He further added that a monetary contribution has been proffered to Frederick County in
the amowit of $1,000 for fire and rescue services and $1,000 for Sheriff's Office purposes.
Deputy Director - Transportation, John A. Bishop, referred to the tiered system of the cash portion
of the transportation proffers_ He said the right -of -way proffers, the bicycle and pedestrian pathways, and the
inter- parcel connections were supported and appreciated; however, the TIA (Transportation Impact Analysis)
indicates a shortfall with the increased vehicle trips, particularly in excess of 2,000 vehicle tpd (trips per day).
Mr. Bishop compared the cash portion of the proffer with that provided by a recent rezoning, the
Bishop -Amari property. He noted that the Bishop -Amari cash proffer was smaller than what is being proffered
with the Wampler rezoning; however, the Bishop -Amari property offered 900 feet of road frontage
improvements, while this applicant is not offering any improvements to their 350 -feet of road frontage. Mr.
Bishop said in terms of an overall transportation package, there is a significant difference as far as the value to the
County for very similarly -sized parcels and similar proposed uses. Mr. Bishop commented thatthe applicant has
stated they wanted to do self - storage; however, this use has not been proffered. He said this is an wn- proffered B2
• use and is the reason there are multiple scenarios in the TIA, including a gas station and retail components. He
pointed out the applicant could do any B2 use by right, should the rezoning be approved as proposed.
Mr. Bishop stated with the scenario that includes the gasoline station and other uses, the TIA
calls for a traffic signal to maintain adequate levels of service at the entrance. He said while the staff is not
supportive of the proliferation of traffic signals throughout the corridor, the analysis does a good job of high-
lighting the improvement and quantifying the impact of the higher level of use. Mr. Bishop said that based on
this information, his conclusion was that the value of the applicant's proffer package was insufficient compared to
recent local rezonings and does not appear to offset impacts, in terns of both physical improvements and cash
proffers.
Mr. Patrick Sowers, with Patton, Harris, Rust & Associates (PHR &A), was present on behalf of
the applicant Recognizing the property is within a DSA (Developmentally Sensitive Area), Mr. Sowers talked
about the applicant's proffers dealing with site design to insure that all portions of the building will be
constructed using a high - quality design materials pallet and providing a substantial Route 11 buffer including
landscaping, a hikeribiker trail, a split rail fence, and restrictive on -site lighting. Regarding the transportation
concerns raised by the staff, Mr. Sowers stated that the possible fueling station use shows a traffic generation of
6,500 tpd and with VDOT's 40% by -pass reduction, the trip generation is reduced to 3,900 tpd. He compared
this with the Bishop -Amari rezoning at 10,000 tpd, noting the larger acreage at 2.77 acres compared to the
applicant's 2.16 -acre site. Mr. Sowers commented that since this site has a limited portion of the Route 11
frontage, the applicant believed a monetary contribution to Frederick County, to address issues such as the
Brucetowm and Hopewell intersection, would be more appropriate than 350 feet of road frontage improvements.
Regarding the issue of the cost of the traffic signal, Mr. Sowers pointed out the volume of background traffic
along Route I 1 with the build -out of Rutherford Crossing and Snowden Bridge. Mr. Sowers did not believe the
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applicant's proposed development would cause the need for a traffic signal as much as the background traffic
along the Route 11 corridor. In addition, he commented that their monetary contribution will cover half the cost
of a traffic signal.
Chairman Wilmot opened the public bearing and called for citizen comments. The following
person came forward to speak:
Mr. Ronald Simkovitch, Sr., an adjoining property owner along Martinsburg Pike (Rt. 11),
presented a letter to the Planning Commission. Mr. Sirrikovitch said his family has lived at this location for over
27 years and in 1997 he purchased additional adjoining land to prevent anyone from building next to him. He
said his property adjoins the Wampler property on two sides. Mr. Simkovitch was concerned this proposed
rezoning would negatively affect the value of his home and property. He was also concerned about noise from a
commercial development, increased traffic on Route 11, and the history of sewage problems experienced on the
Wampler property.
hearing.
No one else wished to speak and Chairman Wilmot closed the public conmient portion of the
Planning Commission members asked the staff to describe the required buffers for the adjacent
residential properties. An issue of the Commission was that no uses had been proffered out of the proposed B2
rezoning and the range in intensity of commercial uses for the site was problematic in assessing the possible
impacts. If a higher intensity use was developed on the property, such as a 12-pump gasoline service station,
Commission members preferred to see additional buffers and screening to protect adjacent residential uses from
the increased activity, noise, and lights. Commissioners inquired if the applicant had considered limiting the
• hours of operation. They also believed a greater responsibility fell on the applicant to provide signalization for
traffic turning in and out of the site, if a more intensive use was pursued.
Mr. Sowers stated that in light of the concerns raised by Mr. Sinkovitch and some of the
Planning Connnissioners, he offered to provide an eight -foot fence which would provide a permanent, opaque
screening element and a third row of trees along with the required Category B Buffer. Mr. Sowers said he would
consult with his client on the hours of operation.
Cotwnissioner Oates asked Mr. Bishop if higher vehicle trips could be expected with a fast food
restaurant or with a six -pump gasoline station with fast food incorporated. Commissioner Oates inquired if it
would be more appropriate to limit the use to six pumps or to cap the use at 6,500 tpd. Mr. Bishop believed a
fast food restaurant would generate fewer trips than six pumps or 6,500 tpd.
Mr. Bishop addressed the applicant's earlier comments on where the monetary proffer would be
best spent, whether via cash or improving the property's frontage. Mr. Bishop agreed that constructing an
additional lane for 350 feet would not be a functional piece of pavement; he said he was not trying to ask for that
from the applicant. Mr. Bishop said he was attempting to address the cash portion of the proffer. He said as far
as the debate over what percent of the traffic signal is the applicant's responsibility, should there ever be a signal,
the applicant's TIA with self - storage does not call for a signal; however, under the higher use, the TIA calls for a
traffic signal and without the development, there is not a need for signalization. Mr. Bishop said he did not agree
with the idea that the need for a traffic signal should be placed on background traffic. Mr. Bishop reinforced his
previous continents regarding the impacts of this project on the transportation network and the potential need for
site signalization generated by this request.
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Commissioner Oates asked Mr. Bishop if the monetary contribution of $75,000 was sufficient to
construct a turn lane in the future. Mr. Bishop said he was not as concerned about the turn lane because VDOT
would require the applicant to construct a turn lane during the site plan stage of development. Mr. Bishop said if
the self - storage use was developed, it is possible the traffic comet would not meet VDOT's warrants for a turn
lane.
Commissioner Oates asked if the any of the $75,000 contribution could be considered a
percentage of a traffic signal or would it be used up in other improvements not constructed by the applicant.
Mr. Bishop believed it would be used for other improvements, he said the staff would rather not see a signal
here, but the signal is a good way to quantify the impact. Mr. Bishop said lie could see the money being used
anywhere along the corridor tluough a revenue - sharing project.
Commissioner Thomas was pleased to have the applicant acknowledge the concerns with the
adjoining residential use and offer to increase the proffer by constructing an eight -foot fence and placing a third
row of trees. However, Commission Thomas noted that a sturdier fence will have to be bat and maintained. He
also felt that restricting the hours of operation would be helpful. Conunissioner Thomas cautioned against
assessing the impacts based on a self - service storage use generating less than 2,000 tpd. He raised the
possibility of the use changing within a year or two to a gasoline station with 6,500 tpd because it's a by -right
use and the resulting impacts would be much greater. Commission Thomas cormrnented there are six to eight
RA -zoned residential lots here in the middle of a commercial area along Route 11. He questioned the timing of
the rezoning and thought the rezoning may be premature, based on the impacts. He said at some future time, the
entire area will probably be commercial, but in the interim, the residences will have to be protected.
Chairman Wilmot voiced her concern with another entrance on Route 11 and secondly, the wide
range of uses possible for this site under a B2 rezoning.
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Commission members asked the applicant to review the specifies of the proposed screening and
buffer area proposed adjacent to the residential area. Mr. Sowers stated that he was proposing a third row of
trees in addition to what is required by the zoning ordinance. Mr. Sowers said the screening will be between the
fence and Mr. Simkovitch's residential property, so that Mr. Sinnkovitch will be viewing the trees and not the
fence. He said that existing mature trees along the property line will remain undisturbed. Mr. Sowers said there
will be a 25 -foot inactive buffer from the property line inward. The three rows of trees and the fence will be
located within the 25 -foot inactive buffer: he said there will be 50 feet of total buffer area.
Commissioner Ruckman said he would have preferred to have the more intensive uses proffered
out of this application. Commissioner Ruck next made a motion to table the rezoning application for 45
days in order to give the applicant the opportunity to evaluate the timing and scale of the proposed uses and, in
particular, the more intensive uses permitted in a B2 (Business General) Zoning District. This motion was
seconded by Conunissioner Thomas and was unanimously passed.
BE IT RESOLVED, that the Frederick County Planning Conmrission does hereby table for 45 days Rezoning
Application 404 -09 of the Wampler Property, submitted by Patton, Harris, Rust & Associates (PHR &A), to
rezone 2.16 acres from RA (Rural Areas) District to B2 (Business General) District, with proffers, for
commercial use in order to provide the applicant the opportunity to evaluate the tufting and scale ofthe proposed
uses and, in particular, the more intensive uses pemnitted in a B2 (Business General) Zoning District.
(Note: Commissioners Kerr and Molun were absent from the meeting.)
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An ordinance amendment for the recodification of Chapter 165, Zoning, of the Frederick County Code,
which will restructure the Zoning Ordinance so that it can numerically accommodate current and future
proposed changes. The revised format will include separate parts that could individually be expanded
when amendments are inserted into the Chapter. Content is not proposed to be changed.
Action — Recommended Approval
Senior Planner, Candice E. Perkins, reported there have been numerous revisions to Chapter 165,
Zoning, over the past few years and additional larger revisions are being proposed. Ms. Perkins said the revisions
have highlighted the need to restructure the Zoning Ordinance so it can numerically accommodate current and
future proposed changes. She said that in order to address this issue, the staff is proposing a recodification of
Chapter 165 which will revise the entire chapter number; the content is not being changed. She said the revised
format will include separate parts that could individually be expanded when amendments are inserted into the
chapter. With this proposed revision, certain portions of the ordinance would be consolidated into other articles
or moved to similar uses. Ms. Perkins reviewed the specific changes with the Conmrission.
Chairman Wilmot opened the public hearing and called for citizen continents. No one came
forward to speak and Chairman Wilmot closed the public comment portion of the hearing.
No issues or concerns were raised by members of the Commission.
Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz,
BE IT RESOLVED, that the Frederick County Planning Conunission does hereby unanimously recommend
is approval of an ordinance amendment for the recodification of Chapter 165, Zoning, of the Frederick County
Code,. which will restructure the zoning ordinance in order to numerically accommodate current and future
proposed changes. The revised format will include separate parts that could individually be expanded when
amendments are inserted into the chapter.
(Note: Conunissioners Kerr and Mohn were absent from the meeting.)
An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article XV, Floodplain
Districts. The proposed ordinance amendment provides revisions to the zoning ordinance to comply with
the 2009 Flood Insurance Study and the Flood Insurance Rate Map for Frederick County.
Action - Recommended Approval
Senior Planner, Candice E. Perkins, reported that Article XV, Floodplain Districts, of the
Frederick County Zoning Ordinance is the portion of the ordinance which lays out the various floodplain districts
and the uses and disturbance permitted within the various districts. Ms. Perkins explained that FEMA (Federal
Emergency Management Administration) has developed new flood insurance rate maps and Frederick County is
required to adopt a floodplain ordinance which is compliant with State and Federal regulations. She said the staff
has prepared revisions to the Floodplain Districts section which are is conformance with the DCR's (Department
of Conservation & Recreation's) model ordinance.
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Ms. Perkins noted that the DRRC (Development Review & Regulations Committee) endorsed
• the revisions at their meeting of June 25, 2009. The Planning Commission discussed this item at their meetung on
July 15, 2009 and sent it forward to the Board of Supervisors. She said the Board discussed this item on July 22,
2009, the Board requested that the Permit and Application Requirements section be clarified and they also
requested infomnnatioa on enforcement of the ordinance and penalties. Ms. Perkins said the Board of Supervisors
approved the ordinance and sent it forward for public hearing.
Chairman Wilmot opened the public hearing by calling for citizen comments, No one came
forward to speak and Chainnan Wilmot closed the public comment portion of the hearing.
No issues or areas of concern were raised by [lie Commission members.
Upon motion made by Conunissioner Thomas and seconded by Commissioner Kriz,
BE IT RESOLVED, that the Frederick County Planning Connnission does hereby recommend approval of an
ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article XV, Floodplain Districts. The
proposed ordinance amendment provides revisions to the zoning ordinance to comply with the 2009 Flood
Insurance Study and the Flood Insurance Rate Map for Frederick County.
(Note: Commissioners Kerr and Moin were absent from the meeting.)
PUBLIC MEETING
• Subdivision Application 903 -09 of Miller Auto Sales, submitted by Painter- Lewis, P.L.C., to create four
out - parcel lots. In addition, a waiver is requested from the Frederick County Code, Chapter 144,
Subdivision of Land, Article V, Design Standards, Section 144 -24, Lot Requirements, (C) Lot Access.
This property is located on the eastern side of Valley Pike (Route 11), south of the Route 37 interchange at
Kernstown Commons. The property is further identified with P.I.N.75 -A -11C in the Shawnee Magisterial
District.
Action — Recommended Approval
Zoning and Subdivision Administrator, Mark R. Cheran, reported that time current zoning of the
property is B2 (Business General) and the land use is automobile dealership. Mr. Cheran stated that the request
is for the subdivision of 15.2181 acres into four parcels consisting of 6.7482 acres, 2.6838 acres, 2.8567 acres,
and 2.9294 acres. He said the property had been zoned B2 when Frederick County adopted zoning in 1967 and
has no approved MDP (Master Development Plan). The parcels are located within the Route I I South Corridor
Land Use Plan and the SWSA (Sewer and Water Service Area) as indicated in the Comprehensive Policy Plan.
Mr. Cheran said the proposed subdivision has met the requirements for a waiver from the MDP
requirements; however the design elements associated with the MDP have not been waived. Therefore, Planning
Commission and Board of Supervisors' review and action on this subdivision is necessary.
Mr. Cheran continued, stating that the applicant has requested a waiver from Section 144 -24C of
the Subdivision Ordinance to allow the four parcels to be served by a private commercial access. He said Section
• 144 -24C requires that all new parcels must abut and have direct access to a state - maintained public street or road.
Access to these parcels is proposed via a private commercial 50 -foot ingress /egress front Valley Pike (Route 11);
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the 152181 -acre parcel abuts Valle) Pike and is served by a single entrance onto Route 11.
• Commissioner Unger inquired who would maintain the roads. Mr. Cheran said the property
owner mould enter into a road agreement or covenant with the property owners group to maintain the roads.
Mr. Tim Painter of Painter- Lewis, P.L.C. and Mr. Joe Ritchie were present to represent this
project and answer questions from the Commission.
Chairman Wilmot called for any citizen comments. No one came forward to speak and
Chainnan Wilmot closed the public comment portion of the hearing.
No issues or concerns were raised by Commission members.
Commissioner Manuel moved to recommend approval of the subdivision for Miller Auto Sales;
he recommended approval of the request for a waiver of the public road frontage requirement and he
recommended that the staff be granted administrative approval authority for this subdivision. This motion was
seconded by Connnissioner Ambrogi and was unanimously passed.
BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of the
waiver requested from the Frederick Courtly Code, Chapter 144, Subdivision of Land, Article V, Design
Standards, Section 144 -24, Lot Requirements, (C) Lot Access, and furthennore, does hereby recommend that
staff be granted administrative approval authority for Subdivision Application 903 -09 of Miller Auto Sales,
submitted by Painter - Lewis, P.L.C., to create four out - parcel lots.
• (Note: Commissioners Kerr and Mohn were absent from the meeting.)
COMMISSION DISCUSSION
DISCUSSION OF A PROPOSED ORDINANCE AMENDMENT TO ALLOW FABRICATED METAL
PRODUCTS (SIC 3482 AND 3484) IN THE MI (LIGHT INDUSTRIAL) ZONING DISTRICT
No Action Required
Senior Planner Candice E. Perkins reported that Frederick County has received a formal request
to add portions of Standard Industrial Classification (SIC) 34- Fabricated Metal Products to the pemnitted uses in
the M I (Light Industrial) Zoning District of the Frederick County Code. Ms. Perkins said specifically, the change
would permit SIC 3482 which is small arms ammunition (30m m -1.18 -inch or less) and SIC 3484 vvhieh is small
arms (30nwn- 1.18 -inch or less). Ms. Perkins said this was discussed by the DRRC (Development Review and
Regulations Conunittee) at their June 25, 2009 meeting and it was reconnrnendedthe proposed amendment be sent
to the Planning Commission for further discussion. She added that the DRRC had requested additional
information regarding storage of the materials.
Ms. Perkins said the use would be regulated by Frederick County and the storage of materials
would be regulated by the Fire Code. She said the Fire Marshal was present to answer questions.
Commissioner Thomas asked for clarification on whether the amount of gun powder stored on
site and the type of storage facility required would be governed by the Fire Marshal's Office. Ms. Perkins replied
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that it would be governed by the Fire Marshal and the Inspections Department under the International Fire Code.
• Commissioner Thomas inquired if there was a limit on the amount.
Mr. Denny Linaburg, Frederick County Fire Marshal, said the applicant is limited toten pounds
wider a general pennit -type building. Mr. Linaburg said if the applicant elects to have more, it would be
classified as a high - hazard use group and the use would be regulated by the International Building Code and the
Fire Code. He said fire walls, sprinkler systems, and alarnns would be required, he said the use is highly regulated
and there are annual inspections.
Chairman Wilmot asked if this type of operation would generally have a firing range. Ms.
Perkins said she was not certain whether the applicant intended on having a tiring range to test his products;
however, ire could have an accessory to his use which would not be open to the public.
Commissioner Thomas asked the staff if the Commission could place a requirement that
neighbors must be notified of the intended use by the applicant.
Commissioner Oates expressed a concern with the definition of "small anns. "'He said in his
opinion, a 30mm shell was not "small arms."
Other Commission members did not see any problems with this request and believed it should be
forwarded to the Board of Supervisors for discussion.
The staff said that all comments of the Planning Commission would be forwarded to the Board
of Supervisors for their discussion.
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ADJOURNMENT
No further business remained to be discussed. Upon motion made by Commissioner Kriz and
seconded by Commissioner Triplett, the meeting was adjourned at 8:07 p.m. by a unanimous vote.
Respectfully submitted,
Nk . LL
iot, Chairman
Eric RI INarlrence, Secretary
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