02-06-2001 Regular Meeting• •
CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
February 6, 2001
The meeting of the Planning & Zoning Commission was called to order Tuesday,
February 6, 2001 at 7:00 P.M., by Vice Chairman Richard Tegen. Members present
were Bill Rauch, John Atwater, Frank Caputo, Richard Tegen, Dave Lange, and Gene
Crossley, David Pape and Joseph T. Bonjorn. John Carlson was absent. Also in
attendance were Barry Brown, Director of Planning, Mimi Ogden, Planner 1, Jane
McAllister, Planning Technician II, and City Attorney Robert Guthrie.
Richard Tegen introduced two new commission members to those present. Joseph T.
Bonjorn and David Pape. Both addressed those present and told a little about
themselves.
MINUTES of the Planning and Zoning Commission meeting held January 4, 2001 were
approved as written.
The next item on the agenda was to elect new officers for the Commission.
Bill Rauch made a motion to nominate Frank Caputo for Chairman, and Richard TecLen
for Vice Chairman. Mr Tegen declined the nomination. Gene Crossley seconded the
nomination. The Commission unanimously elected Frank Caputo as Chairman.
Frank Caputo made a motion to nominate John Atwater as Vice Chairman. The motion
was seconded by Bill Rauch. The Commission unanimously elected John Atwater as
Vice Chairman.
The City Attorney, Robert Guthrie gave a presentation to the Commission in regard to
the legal role of the Planning & Zoning Commission, Sunshine Law, Quasi-Judicial
Proceedings and Ex-parte communications. Mr. Guthrie prepared a paper on the
subject which was distributed to the Commission members, a copy of which is part of
this record.
.1. CONDITIONAL USE PERMIT
APPLICANT: South Lake Center, Inc. and BSW L.L.C.
OWNER: South Lake Center, Inc.
REQUEST: For a Conditional Use Permit to allow for the construction of financial
institutions, restaurants, professional office space, and up to 15,000 sf of general retail
space on the portion of the property zoned C-2 (Phase I) and 72,000 sf of professional
office space on the portion of the property zoned R-3 (Phase II).
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CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
February 6, 2001
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GENERAL LOCATION: The property is located on the south side of S.R. 50 across
from the Kash `n Karry shopping center.
SIZE OR PARCEL: +/- 9 acres.
EXISTING LAND USE: Vacant
FUTURE LAND USE DISTRICT: The subject property is in the Undeveloped District -
2 (UD-2) land use district and the requested uses are allowed in this district.
FUTURE LAND USE CLASSIFICATION: The subject property is classified as
Professional Office and Commercial. The requested uses are allowed in the
Professional Office and Commercial land use classifications.
EXISTING ZONING: R-3, Residential/Professional and C-2, Commercial District.
Planning Director, Barry Brown introduced this request by stating that in January 1998 a
Conditional Use Permit was approved that allowed for the construction of professional
offices on this site. Subsequent to that approval, the property owner requested a land
use amendment to change 3.5 acres of the property that fronted S.R. 50 from
professional office to commercial. The land use change and associated rezoning were
completed in 1999. In conjunction with the land use amendment, a developers
agreement was executed that addressed allowable uses, dedication of right-of-way, and
phasing of the development etc. The original CUP expired in April of 1999 because
construction has not commenced.
The current applicant is requesting restaurant and financial institution uses and up to
15,000 sf of retail space on the portion of the property fronting S.R. 50 and professional
offices on the remainder of the property. This is consistent with the developer's
agreement that currently runs with the property. The proposed uses for the site are.
consistent with the land use designations and zonings assigned to the property. The
uses are appropriately located and the project is phased to coincide with the
construction of Oakley Seaver Drive. Staff is comfortable that 2 of the proposed 3
professional office buildings can be constructed before the completion of Oakley
Seaver Drive south of S.R. 50.
Frank Caputo asked if the Developers Agreement addressed when the professional
offices will be constructed.
Barry Brown replied that it did not.
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CITY OF CLERMONT
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PLANNING AND ZONING COMMISSION
February 6, 2001
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Bill Rauch asked Barry Brown if the terminology "Drive Thru" was all right with Staff in
pertaining to the restaurant since"the.it suggests a fast food establishment rather than a
sit down restaurant.
Barry Brown explained that the Drive Thru window referred to in this case would be like
Sonny's has, and not like your typical fast food restaurant. However, that terminology
may need clarification.
Frank Caputo asked if Staff's recommendation of allowing 48,000 sq ft of office space
to be built without the completion of Oakley Seaver Drive in place was based on the
traffic count.
Barry Brown replied that it was. He further explained that a right in-right out on S.R. 50
could support both the commercial and two of the professional office buildings.
Richard Tegen asked if the completion of Oakley Seaver Drive was predicated on the
completion of Hook St.
Barry Brown stated that it was not, that there were many variables, and that he could
not put a time on the completion of Oakley Seaver Drive. Mr. Brown also stated that
most of the right-of-way will come from properties to the west of this project.
Frank Caputo asked if the Commission could approve the construction of one building
instead of two and then see how the traffic is.
Barry Brown stated that according to the traffic study that was done there would be no
difference in trips if there were two or three buildings.
-John Atwater asked if the developers would go ahead with the commercial portion of
the property if they were not permitted to construct any of the professional office space
at this time.
Jayson Stringfellow, 11006 CR 561 A, Clermont, FL was sworn in. Mr. Stringfellow
stated that the two proposed tenants at this point were the Outback Steakhouse with
who he has a contract, and a Bank. He stated that the times of operation of the two
entities do not overlap and would not create a traffic problem
Mr. Stringfellow answered John Atwater's question by saying that if the two professional
buildings were not approved for construction now, that he would not get the financing
necessary for the rest of the project.
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CITY OF CLERMONT
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PLANNING AND ZONING COMMISSION
February 6, 2001
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Frank Caputo opened the discussion to the public.
Bob Reese, 952 Moss Lane, Winter Park, FL was sworn in. Mr. Reese stated that they
must have the office component to develop, and that the traffic study indicates that two
professional buildings will not be detrimental to the flow of traffic on S.R. 50.
Gene Crossley asked where the 15,000 sq. ft. feet of retail would go on the site.
Barry Brown explained that retail space would occupy the area slated for the restaurant
and bank if those two uses were not there.
Frank Caputo asked if there was anyone in the Public who wished to speak. There was
no one. He then asked for additional comments or questions from the Commission.
Gene Crossley made a motion to approve the request and to allow two professional
office buildings to be constructed before the completion of Oakley Seaver Drive. David
Pape seconded the motion. The vote was unanimous in favor of approval.
2. REQUEST FOR REZONING
APPLICANT: Daryl M. Carter for Chester C. Fosgate Co.
OWNER: Chester C. Fosgate Co.
REQUEST: To rezone the property from R-R Rural Residential to C-2 General
Commercial.
GENERAL LOCATION: northeast corner of S.R. 50 and Citrus Tower Blvd.
EXISTING LAND USE: Vacant.
FUTURE LAND USE DISTRICT: The subject property is in the Undeveloped District - 5
(UD-5) land use district.
FUTURE LAND USE DESIGNATION: Undeveloped District-5 (UD-5); Commercial land use
classification.
EXISTING ZONING: R-R, Rural Residential.
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CITY OF CLERMONT
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PLANNING AND ZONING COMMISSION
February 6, 2001
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Barry Brown, Planning Director, introduced this request by saying that in November
2000, the Comprehensive Plan was amended to change the land use of the subject
property from professional office to commercial.
The requested rezoning is to bring the underlying zoning in line with the commercial
land use. Staff supports the requested rezoning contingent upon the execution of a site
impact agreement with the landowner. The agreement will address dedication of right-
of-way for and construction of the frontage road, cross access through the site, and
access to the site from S.R.50 and Citrus Tower Blvd.
Frank Caputo asked if the site agreement signed with the owner of the abutting property
included right-of-way for the frontage road.
Barry Brown answered that it does.
Frank Caputo then asked if the property owner was present.
Scott Gentry, 1600 E Robinson St, Orlando, FL was sworn in as a representative of the
property owner.
Mr. Gentry offered to answer any questions from the public or the commission. He also
commented that he would like the phrase "Participate in construction of frontage road"
deleted from the development agreement and be replace with the phrase "donate
access for frontage road".
Barry Brown stated that the Commission was not here to address the development
agreement.
Frank Caputo asked for any other comments or questions from the public.
John Atwater made a motion to approve the request for a Rezoning. Bill Rauch
seconded the motion. The vote was unanimous in favor of approval.
3. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Bart and Katheryn Sutherin
OWNER: Mercator Properties, Inc.
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CITY OF CLERMONT
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PLANNING AND ZONING COMMISSION
February 6, 2001
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REQUEST: For a Conditional Use Permit to allow for the construction of a day care
facility.
LOCATION: Lots 6 & 7 of the Clermont Commons Business Park.
EXISTING LAND USE: Vacant. Properties to the north and east are residential, to the
south are professional office and church uses and to the west is light industrial.
FUTURE LAND USE DISTRICT: The subject property is in the Undeveloped District -5
(UD-5) district.
FUTURE LAND USE CLASSIFICATION: Industrial
EXISTING ZONING: M-1 Industrial. Daycare facilities are a conditional use in all zoning
districts.
Barry Brown, Planning Director, introduced this CUP stating that the proposed use
meets the criteria of the land use designations and the zoning district. The use is
appropriately located near residential subdivisions. A Montessori school and church
with daycare currently operate within the business park and they have proven to be
compatible with other uses in the park.
Frank Caputo asked if the owner of the property was present.
Bob Shakar, 230 Mohawk Road, Clermont, FL was sworn in and represents both the
owner and the applicant. Mr. Shaker stated that he would answer questions. He also
stated that the entire parcel will be fenced to protect the children.
Frank Caputo asked if the fence would be appropriately landscaped.
Barry Brown replied that there was landscaping already in place.
Frank Caputo asked if there was anyone from the public or the Commission who had
questions.
Richard Tegen made a motion to approve the request. Gene Crossley seconded the
motion and the vote was unanimous for approval.
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CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
February 6, 2001
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4. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Thomas W. Vincent
OWNER: Hep-8-Cler, L.C.
REQUEST: To amend and existing conditional use permit to revise the prescribed
access to the out parcels from the parking lot driveway. The original CUP, Resolution
No. 1127, approved the construction of a shopping center (Publix at Kings Ridge) and
four (4) out parcels.
GENERAL LOCATION: The property is located at the northeast corner of U.S. 27 and
Hartwood Marsh Road.
Barry Brown, Director of Planning, stated that this shopping center project was originally
approved under a CUP as adopted by Resolution No. 1127 in May 2000. The original
access as defined in the CUP has failed to meet the needs of the prospective out
parcel users. Staff believes the requested changes will result in superior access to the
out parcels and allow for better traffic flow in the parking lot.
Frank Caputo commented that the first plan with each 2 parcels sharing an entrance
was good plan and now they are adding more. He then asked if the issue of two
driveways for parcel one hadn't been raised when 7-Eleven applied for a CUP.
Barry Brown replied that it had and added that due to the configuration of the parcels it
would be good to have the two driveways in parcel one no matter who the tenant was
-going to be.
Frank Caputo expressed concern about having one of the driveways so close to the
entrance off of Hartwood Marsh Road because it would cause traffic to back up on to
the roadway.
Frank Caputo asked if the applicant was present. The applicant was not.
David Lange asked if the future occupants of these out parcels would have to come
before the Commission again.
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CITY OF CLERMONT
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PLANNING AND ZONING COMMISSION
February 6, 2001
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Barry Brown stated that it was possible if they required a CUP, however if it was for a
permitted use they would not. He further stated that regardless of who the tenants are
the new plan for entrance into the out parcels would be the most efficient.
John Atwater asked if there would be an entrance and an exit into the parking lot off of
Winsley Street. He stated that having an entrance only, would be the best solution.
Barry Brown agreed that would be a good idea since Winsley Street is not a through
street.
Frank Caputo asked if there was anyone from the audience who wished to speak about
this request.
Robert Milkman, 2123 Braxton Street, Clermont, FL was sworn in. Mr. Milkman stated
that he was against changing the original plan for the out parcels as that is not what the
developer promised the residents. He further stated that Winsley Street was intended
for egress only and that was what the developer promised the residents of Kings Ridge.
Barry Brown stated that Winsley Street was meant to be both ingress and egress from
the beginning. That is why there is no direct access to the out parcels from US 27.
David Pape said that if he were traveling north on US 27 he would use the Winsley
Street entrance rather than fight the traffic at the corner of Hartwood Marsh Rd.
Frank Caputo addressed Mr. Milkman's statement by saying that he understood that at
all times Winsley Street was going to be egress for the delivery trucks from Publix.
Mary Morris, 4214 Chamberlain Way, Clermont, FL was sworn in and stated that the
residents of Kings Ridge were told that Winsley Street was to be egress only. She also
wanted to know if Halverson had something in mind for parcel number one and if there
was a particular reason for changing the configuration of the driveways.
Gail Ashe, 3912 Payton Court, Clermont, FL was sworn in and asked the Commission
not to take any action on this request tonight, and that it be postponed until it is known
who the tenants will be.
David Pape asked if the matter could be tabled.
Robert Guthrie, City Attorney replied that it was up to the Commission, but he said that
the Commission does not wish to put itself in a position of approving each specific use
that comes in. General standards should be applied to the parcels.
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CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
February 6, 2001
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Bill Rauch asked what would be accomplished by postponing this item.
Robert Guthrie said that was at the discretion of the Commission, but that they were
here to make recommendations.
John Atwater made a motion to approve the request and add that parcel number 4 may
have a right in only off of Winsley Street. David Lange seconded the motion. The vote
was 7-1 in favor of approval with Frank Caputo voting Nay.
5. REQUEST CONDITIONAL USE PERMIT
APPLICANT: Lost Lake Reserve, L.C.
OWNER: Lost Lake Reserve, L.C.
REQUEST: For a Conditional Use Permit for a Planned Unit Development (PUD) to
construct a mixed use development known as Lost Lake Reserve.
GENERAL LOCATION: The property is located on the ease side of U.S. 27, south of
Steve's Road and north or Kings Ridge.
SIZE OR PARCEL: Total Lost Lake Reserve property. 424 +/- acres; Portion included
in the PDA, 309 +/- acres.
EXISTING LAND USE: The subject parcel and property to the north, east, and west is
vacant. To the south is the Kings Ridge DRI.
-FUTURE LAND USE DISTRICT: The subject property will be in the Undeveloped
District -9 (UD-9) land use district. The UD-9 land use district will be submitted to a
DCA in conjunction with the DRI approval process. The requested uses will be allowed
uses in UD-9.
FUTURE LAND USE CLASSIFICATION: The subject property is classified as Mixed-
use II. The requested uses are allowed in the Mixed-Use land use II classification.
EXISTING ZONING: R-1 Residential.
Before Planning Director, Barry Brown, introduced this request all members of the
Commission announced that they had been contacted by Cecelia Bonafay, attorney for
the project, in one way or another as follows:
CITY OF CLERMONT
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MINUTES
PLANNING AND ZONING COMMISSION
February 6, 2001
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David Lange -Had discussion with the applicant who explained what they were
planning to do.
Gene Crossley -Had discussion with the applicant who explained what they were
planning to do.
Bill Rauch -Met with Ms. Bonafay and discussed the water situation.
Joseph Bonjorn - Received a phone call and was sent a packet of information relating
to the project.
Richard Tegen - Received a phone call and was sent a packet of information relating to
the project.
David Pape -Met with Ms. Bonafay and had a detailed discussion about the project.
John Atwater - Received a packet of information relating to the project.
Frank Caputo - Received a packet of information relating to the project and had a
discussion about the project with Mr. Lerner.
Planning Director, Barry Brown introduced the project by saying that the proposed uses
are consistent with the land use designations and zoning and that Staff recommends
approval.
The first to speak on the subject was Cecelia Bonafay, attorney for the project, who
introduced the others involved in the project. Ms. Bonafay told those present about the
workshops they have had with the city and how the plans for the project had evolved
over time to what they are presenting today.
The following people associated with the project were all sworn in so that any one of
them could answer questions from the public and the Commission.
Bob Widden, 22 W. Monument Ave, Kissimmee, FL.
Brian Davis, 500 Delaney Avneue, Orlando, FL
John Adams, 22 W. Monument Ave, Kissimmee, FL
Harry Lerner, 2901 W. Busch Blvd., Tampa, FL
Hood Craddock, 33 E. Wall St., Frostproof, FL
Rick McCoy, 732 W. Montrose St, Clermont, FL.
CITY OF CL ERMONT
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PLANNING AND ZONING COMMISSION
February 6, 2001
Page - 11 -
Bob Widden of R.J. Widden Associates, explained the master development plan with
the help of a visual aide which is Exhibit B and is part of this record. Exhibit C which
illustrates the parks program for the project and Exhibit D showing the mass grading
plan are also part of this record.
Brian Davis showed artists renderings of what the entry markers and street markers for
the project would look like. They will be constructed of brick and lavishly landscaped
from what the pictures showed. He also indicated that the streets would be tree lined.
Mr. Davis showed a drawing demonstrating how some of the grading problems would
be handled so as to enhance the aesthetics of the project.
He showed drawings of how the parks would look and added that there will be a
recreation area near the shoreline of Lake Felter.
Cecelia Bonafay asked if the Commission had any questions.
Richard Tegen asked what the impact of the development would be on the existing Lost
Lake Elementary School.
Ms. Bonafay stated that the whole point of having the school in that location is so that
the children who live in the development will be able to walk to school. She stated later
that there would be approximately 550 children total from the development for all levels
of schools, elementary, junior high and high school. They are anticipating that it will take
approximately six years to complete the project and that those additional children would
be added to the school population over that period of time.
Frank Caputo asked how much grading and filling beyond the ten feet allowed by city
code, would be necessary in different areas of the project.
Rick McCoy, the engineer for the project said that in some places they would need to
grade or fill up to twenty-five feet, and in other areas fifteen to twenty feet.
Gene Crossley asked who would be responsible for maintaining all the landscaping in
the parks and along the roadways. Would it be the community or would that fall back to
the City.
Ms. Bonafay said that the Homeowners Association would be responsible for the
maintenance of the landscaping in the public areas in the development except for a
park that will be dedicated to the City. It will be a City park and the City will be
responsible for maintaining that.
CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
February 6, 2001
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Frank Caputo asked if the park that is going to be turned over to the city will have
signage indicating that it is a public park for all city residents to enjoy and not just those
residing in Lost Lake Reserve.
Barry Brown assured Mr. Caputo that the signage will be sufficient to convey that
message.
Bill Rauch asked if the trees that will be planted along the roadsides start out small or
will they be of substantial size to begin with.
Brian Davis assured Mr. Rauch that the trees that will be planted will be of medium size,
approximately 12-14 feet tall and will have a 5-6 foot spread.
Dave Lange asked about the Eagle Lake and Lake Felter restoration and the status
with St. John Water District.
Mr. Lerner replied that they have completed the first improvements required by St.
Johns. Then as relates to the second part they have comments from St. Johns and are
proceeding with those improvements.
John Atwater asked if Staff was all right with the smaller than usual lot sizes in the R-1
and R-1-A zones.
Barry Brown replied that Staff was fine with the lots sizes. He noted that all of the lot
sizes are larger than what was required by code before the recent change, and that
they are not requesting any variances from our setbacks.
Frank Caputo asked how the density would be controlled in the commercial areas of the
development.
Barry Brown replied that there were two ways, one is the impervious surface that is
allowed and the other is the parking requirement for the square footage of the
commercial building.
David Lange questioned number 3 of the section regarding landscaping in the
conditions which reads as follows: A wall and landscape buffer shall be required along
all double frontage lots (residential lots along Citrus Tower Blvd. and Johns Lake Road
unless otherwise approved by the site review committee). His question was why the
possible exception.
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CITY OF CLERMONT
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PLANNING AND ZONING COMMISSION
February 6, 2001
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Barry Brown explained that due to the varying road grades occurring along Citrus Tower
Blvd. there would be some areas where a wall would not be necessary in order to block
the view into the yards.
Richard Tegen asked if Citrus Tower Blvd. would be completed from Hook St. all the
way through the Lost Lake Reserve property, and would it be designated a CDD.
Barry Brown replied that if a CDD was granted, Citrus Tower Blvd. would be
constructed from Hook Street all the way through the project in one phase. If a CDD
was not granted, Citrus Tower Blvd. would be constructed in phases and would only be
constructed to the north boundary of the project, not all the way to Hook Street.
Cecelia Bonafay said that getting the approval of the Planning & Zoning Commission is
only one step in a multi step process. She said there would probably be a
Comprehensive Plan Amendment at a later stage.
Richard Tegen said there were many conditions on signage, he asked Ms. Bonafay if
she or any of the developers have any problems with the signage conditions.
Ms. Bonafay said they might wish to discuss some of the conditions at a later date.
Richard Tegen asked Ms. Bonafay what the advantage is for the City of Clermont for
their becoming a Community Development District.
Ms. Bonafay stated that financing is available through a bond market at a cheaper rate
and that will make it possible for the infrastructure improvements to be put into place up
front.
Frank Caputo asked if there was anyone from the audience who would like to ask
questions or comment on this request for a CUP.
The following people were sworn in: Ben Arbor, 4069 Kingsley St, Clermont, FL,
Richard Acker, 14324 Johns Lake Road, Clermont, FL, Jeff French, 1401 16th St,
Clermont, FL., Rob Neshiwat, 7750 (illegible) Clermont, FL.
Richard Acker asked if Steve's Road was going to go from US 27 to Hancock Road.
Ms. Bonafay answered that they would pave that part of Steve's Rd. that is on the
developments property.
Mr. Acker suggested that the rear of Greater Pines Subdivision should be connected to
a road going directly to Lost Lake Elementary School.
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CITY OF CLERMONT
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PLANNING AND ZONING COMMISSION
February 6, 2001
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Mr. Neshiwat who owns property near the Lost Lake Reserve expressed concern about
the value of his property when all the new roads go in.
Mr. French from First Christian Church expressed delight with the Lost Lake Reserve as
they will be neighbors when the new church and school are built on Steve's Road.
Ms. Gerry Shurr, 13221 Paloma Road, Clermont, FL was sworn in. Ms. Shurr advised
that she lives on Paloma Road and is concerned with Citrus Tower Blvd. going right in
front of her property. She wanted to know how large Citrus Tower was going to be and
what was in it for her to give up land for this road.
Barry Brown explained that Lake County Government is responsible for planning and
building roads in the county and that Citrus Tower Blvd. extension has been planned for
several years.
Joseph Bonjorn asked if staff was concerned with the density of the multifamily part of
the development.
Barry Brown explained that the overall density of the project is only 4 units per acre.
Where the density may be higher in the multifamily sections, the density is lower in the
other sections.
Dave Lange expressed concern about the disturbed areas along U.S. 27 and along
Johns Lake Road.
Harry Lerner stated that the developers have been looking at that and thinking about
what they could do to clean it up. He further said they intend to speak with Staff to
decide what should be done in that area especially to prevent any erosion.
Bill Rauch asked if the Commission could pass this on to the Council without all the little
details having been worked out. Would it be all right to send it on saying the
Commission was in general agreement with the project.
Robert Guthrie, City Attorney, replied that it could be sent to the City Council that way,
and give general conceptual approval.
Bil! Rauch made a motion to send this on to Counci! with the general approval of the
Commission for this CUP. Richard Tegen seconded the motion.
Frank Caputo asked for any discussion of the motion.
r 1
LJ
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CITY OF CLERMONT
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PLANNING AND ZONING COMMISSION
February 6, 2001
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John Atwater said he would like to have more detail on filling and grading.
Gene Crossley wanted to know about the existing barren land on both sides of Johns
Lake and get that cleaned up in a timely manner.
Richard Tegen stated he would like for Barry Brown to work with the developers on the
signage issue before the matter goes to Council.
Frank Caputo asked for any more discussion on the motion. There was none.
The vote on the motion to approve this CUP was unanimous for approval
There being no further business the meeting was adjourned.
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Fr nk Caputo, Chair n
ATTEST:
6 ~~ ~ii~%
McAllister -Manning Technician II