HomeMy WebLinkAbout1999-09-28 Municipal Planning Commission (Regular) Minutes
%~~ County of Newell No. 4
Minutes of Municipal Planning Commission Meeting
September 28, 1999
The regular Municipal Planning Commission Meeting ofthe County ofNewell No.4 was held
in the County Office at Brooks, AB on Tuesday, September 28, 1999 commencing at 10:00
a.m.
Members Present Chairman
Councillors
Representatives
Planner
Administrator
Recording Secretary
1. Excused from Meeting
C. Baksa
M. Loewen
J. Doerksen
B. M`Kellar
G. Shaw
M. Bowen
P. Hoffman
Moved by Councillor Loewen that Councillor Stobbs be excused from this meeting. Carried.
,,.,, 2. Minutes
Minutes of the August 31, 1999 meeting were presented to the Commission. Moved by J.
Doerksen that we adopt these minutes as amended. Carried.
3. Call for Post Agenda Items
The Chairman called for post agenda items.
4. Adoption of Agenda
Moved by J. Doerksen that the agenda be adopted as amended. Carried.
5. Business from Minutes
1 1- I Land Use Bylaw Amendments
The Planner reported on the meeting of the MPC and Hamlet Advisory Board members with
regard to proposed amendments to the Land Use Bylaw. It was noted that the MPC would
like to finalize these amendments at their next meeting to present their recommendations to
Council at the November 10'~ Council meeting.
September 28, 1999 Page 88
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9 Agricultural Fieldman -Subdivision Concerns
We are awaiting a legal opinion in regard to this item.
6. Subdivisions
1. 99 NL 22 - Pt. SE 8-19-14-W4 -Division 10
Christianson, Cameron -Residential Subdivision
The Commission discussed the proximity of this property to the Town of Brooks boundaries
and the fact that the feedlot is a nonconforming use.
Moved by Councillor Loewen that we recommend to Council approval of Subdivision
Application 99 NL 22 subject to Section 45(11) of Land Use Bylaw #1004-90 and Policy
2.6.3 ofthe Municipal Development Plan being waived to allow a relaxation ofthe Minimum
Separation Distance; subject to the registration of a caveat for the dedication of 5 metres
along the southerly boundary of the proposed and remnant parcels for future road widening
to be purchased at a rate that is consistent with County Policy at that time; subject to the
applicant entering into a development agreement for the development of a road to access the
subdivided property; subject to the County requiring that the municipal reserve being deferred
as determined under Section 50.6(2) ofthe Land Use Bylaw; subject to the applicant meeting
all requirements of the Eastern Irrigation District with respect to the conveyance of water as
well as easements; and subject to the applicant entering into franchise utility easements for
the provision of services to the proposed parcel as required. Carried.
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7. Development Permits
1. Permit #2014 -Plan 9901983, Block 1, Lot 3 -Division 8
Benci, Louis & Jorgensen, Ed -Relocate Mobile Home
Moved by Councillor Loewen that we approve Development Permit Application #2014 to
locate a mobile home with an addition within Plan 9910983, Block 1, Lot 3 subject to the
following conditions:
1. That this use be classified as a "Mobile Home and Addition" being a discretionary use
within the CR-Country Residential District.
2. That this use shall comply with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
3. That this use shal I comply with the provisions of Section 5 I of Land Use Bylaw # 1004-
90 pertaining to the Country Residential District.
4. That the development shall be located as shown on the site plan submitted September
8, 1999. Any changes to that plan shall require the written approval ofthe Development
Officer.
September 28, 1999
Page 89
5. That this permit shall be for the development of a mobile home as shown in the pictures
provided by the applicant and forming a part ofthe development permit applications to
be located within Plan 9910983, Block l ,Lot 3. This permit also includes the proposed
addition to the mobile home. Any additional development shall require a separate
development permit application and approval.
6. That this use shall comply with the Alberta Building Code where applicable.
7. That the developer shall be responsible for obtaining all required permits (i.e. building,
electrical, plumbing, heating and ventilation) from an accredited inspection agency.
Further, that the developer shall provide to the Development Officer a copy of the
building permit for this development prior to November 1, 1999.
8. That the developer shall ensure that the proposed development complies with the
following minimum setback requirements:
Front Side Flankage Rear
*7.5 m 3.0 m **40 m 7.Sm
* Minimum yard distance from subdivision streets or service roads.
** Minimum Distance from the centre line of the secondary highway.
9. That the developer shall ensure an adequate supply of water is provided for this use.
10. That the developer shall ensure proper disposal of sewage and waste from this use.
1 1. That the developer shat l ensure that the property is maintained to the satisfaction of the
Development Officer.
12. That the developer shall ensure that construction materials, supplies and equipment are
stored on the property.
13. That the developer shall ensure the continuous clean-up of construction debris tracked
onto the public roadway where access is provided to the property.
~" 14. That the mobile home shall be skirted to the satisfaction of the Development Control
Officer.
15. That the developer shall be responsible for siding the mobile home and proposed
addition in the same or similar material when the addition is constructed. The
installation of the siding shall be completed prior to September 28, 2000.
16. That no other mobile home shall be perm fitted on the property except for the one granted
approval under development permit application #2014 and as provided for under
Section 31 of County of Newell Land Use Bylaw # 1004-90.
17. That the developer shall undertake to mow all weeds within the road right-of--ways and
have a grader blade the roadways and re-gravel them to the satisfaction of the Public
Works Department.
18. That no other development shall be granted within Plan 9910983 until the developer
satisfies the conditions of the Development Agreement signed June 19, 1997.
Moved by J. Doerksen that we table this motion. Carried.
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September 28, 1999 Page 90
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2. Permit #2015 -Plan 818 J.K., Parcel A -Division 5
Swenson, Georgette -Mobile Home Park
Georgette Swenson and Janine Schoff, of Trendsetter Homes, were in attendance to present
information on this application. Moved by Councillor Loewen that we grant approval for
Development Permit Application #2015 to construct a mobile home park within Plan 818
J.K., Parcel A, containing a maximum often (10) mobile home sites subject to the following
conditions:
I . That this use be classified as a "Mobile Home Park" being the prescribed use within the
MHP -Mobile Home Park District.
2. That this use shall comply with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
3. That this use shall comply with Section 61 of Land Use Bylaw # 1004-90 pertaining to
the Mobile Home Park District.
4. That this development shall contain a maximum of ten (10) mobile home sites within
Plan 818 J.K., Parcel A. The Development Officer may grant approval for single-wide
mobile units and other uses listed as permitted under the MHP -Mobile Home Park
District. All discretionary uses must be approved by the Municipal Planning
Commission.
5. That the proposed development shall be located as shown on the site plan submitted
September 13, 1999. Any changes to this plan shall require the written approval of the
Municipal Planning Commission.
6. That the Municipal Planning Commission waives the requirements under Section 61.4
of Land Use Bylaw # 1004-90 and allows smaller mobile home sites than that required
under this section. No mobile home site shall be smaller than 12,000 ftZ. [f the soil's
capability to handle effluent is not satisfactory in the future, the developer shall be
responsible for installing pump-out tanks for each unit as its own cost.
7. That the developer shall ensure that each mobile home pad site satisfies the following
requirements:
(1) Mobile Homes
Each mobile home pad site shall be provided with a pad upon which a mobile
home may be suitably installed and each mobile home shall be located:
(a) a minimum of 6 metres from any adjacent mobile home pad;
(b) a minimum of 3 metres from any park boundary;
(c) a minimum of 3 metres from any park street.
Each mobile home shall provide a vertical clearance of at least 600 mm (24 in)
between the top of the finished grade under the home and the bottom of the floor
joists. This may be varied in homes that incorporate a lowered section (e.g.
sunken living room) or where the home is installed on a sloping site, the vertical
clearance between he top of the finisher grade and the bottom of the joists of the
lowest section shall be at least 300 mm (12 in). The maximum vertical clearance
distance permitted for each mobile home shall be 800 mm (36 in).
(2) Accessory Buildings
Accessory Buildings and attached structures shall be located a minimum of 3
metres from any accessory building, attached structure or mobile home on an
adjacent mobile home space.
September 28, 1999
Page 91
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~,,,~ 8. That the developer shall ensure that the following requirements are satisfied by the
development of a mobile home park within Plan 818 J.K., Parcel A:
(1) All internal streets shall Beall-weather construction and be a minium of 12 metres
in width.
(2) Each mobile home shall be fixed to a permanent foundation or blocked to CMHC
standards and shall be skirted and the hitch removed or skirted.
(3) On each mobile home lot or mobile home space, a minimum usable open area of
at least 42 square metres with a minimum mean dimension of 3.6 metres shall be
provided adjacent to the main entrance of the mobile home, and such space shall
be maintained free of parking, accessory buildings or attached structures.
(4) A minimum of 10 percent of the total area of a mobile home park shall be
provided in a suitable location for the recreational use and enjoyment of the park
occupants.
(5) All areas of a mobile home park not developed or occupied by park roads,
walkways, driveways, mobile home stands, buildings or other facilities shall be
landscaped.
(6) Garbage and waste material shall be stored in weatherproof and animal proof
containers and shall be visually screened from all adjacent sites and public
thoroughfares.
(7) All mobile homes shall meet or exceed the CSA 2240 Standards.
9. That the developer shall ensure that the units adjacent to Secondary Highway #542 are
a minimum or 40 m (131 ft) from the centre line of this highway.
10. That the developer shall ensure that there is an adequate supply of water for fire
suppression within the mobile home park. The developer may enter into an agreement
/"' with the adjacent landowner for the provision of water from the slough in that area.
1 1. That the developer shall ensure that there is proper disposal of sewage and waste from
each unit.
12. That the developer shall ensure that the property is maintained to the satisfaction of the
Development Officer.
13. That the developer shall ensure that there is adequate traffic control signage at the
access/egress of the mobile home park to the secondary highway. The developer shall
contact the Public Works Department to determine their requirements for signage in this
area.
Carried.
B. M`Kellar left the Council Chambers at 1 1:14 a.m.
Moved by Councillor Loewen that the Planner be directed that the advertising of this permit
is not necessary in this case as it meets all the requirements of our Land Use Bylaw. Carried.
B. M`Kellar returned to the Council Chambers at 11:16 a.m.
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September 28, 1999 Page 92
C~`Y
Permit #2017 -Plan 8010339, Block 1, Lot 1 -Division 2
Elder Allan & Inez -Relocation of Mobile Home
~,~
Allan and Inez Elder were in attendance to provide information on this application. Moved
by J. Doerksen that we approve Development Permit Application #2017 to locate a mobile
home with an addition within Plan 8010339, Block 1, Lot 1 subject to the following
conditions:
1. That this use be classified as a "Mobile Home and Addition" being a discretionary use
within the CR -Country Residential District.
2. That this use shall comply with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
3. That this use shall comply with the provisions of Section 51 of Land Use Bylaw # 1004-
90 pertaining to the Country Residential District.
4. That the development shall be located as shown on the site plan submitted September
13, 1999. Any changes to that plan shall require the written approval of the
Development Officer.
5. That this perm it shall be for the development of a mobile home as shown in the pictures
provided by the applicant and forming a part ofthe the development permit application
to be located within Plan 8010399, Block I, Lot I. This permit also includes the
proposed addition to the mobile home. Any additional development shall require a
separate development permit application and approval.
6. That this use shall comply with the Alberta Building code, where applicable.
7. That the developer shall be responsible for obtaining all required permits (i.e. building,
electrical, plumbing, heating and ventilation) from an accredited inspection agency.
8. That the developer shall ensure that the proposed development complies with the
following minimum setback requirements or as varied by the Municipal Planning
Commission at its September 28, 1999 meeting:
Front Side Flankage Rear
*7.5m 2.13m *7.5m 7.5m
* Minimum yard distance from subdivision streets or service roads.
9. That the developer shall ensure an adequate supply of water is provided for this use.
10. That the developer shall ensure proper disposal of sewage and waste from this use.
11. That the developer shat l ensure that the property is maintained to the satisfaction of the
Development Officer.
12. That the developer shall ensure that construction materials, supplies and equipment are
stored on the property.
13. That the developer shall ensure the continuous clean-up of construction debris tracked
onto the public roadway where access is provided to the property.
l4. That the mobile home shall be skirted to the satisfaction of the Development Officer.
15. That the developer shall be responsible for siding the mobile home and proposed
addition in the same or similar material when the addition is constructed. The proposed
addition shall be completed prior to September 28, 2001.
16. That no other mobile home shall be permitted on the property except for the one granted
approval under development permit application #2017 and as provided for under
Section 31 of the County of Newel I Land Use Bylaw # 1004-90.
September 28, 1999
Page 93
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17. That the Municipal Planning Commission grants a .87 m (2.85 ft) variance to the side
'~ yard set back requirement to allow the mobile home to be located 2.13 m (7 ft) from the
side property line.
Carried.
4. Permit #2020 - Pt. NW 10-15-14-W4 -Division 1
Aleman, Gerald -Secondary Occupation (Used Car Sales)
Moved by Councillor Loewen that we approve Development Permit Application #2020 to
locate up to five (5) vehicles within the NW 10-15-14-W4 as a farm subsidiary occupation
being a discretionary use within the A -Agricultural District for the period of one (1) year
from the decision date and that the applicant be responsible for applying for a renewal of the
permit prior to the anniversary of that date. Defeated.
8. Home Occupation Permits
There were no Home Occupation Permits.
Subdivisions (cont'd)
2.99 NL 023 - Pt. SW 10-19-14-W4 -Division 4
~" Johnson, Neil -Residential Subdivision
Moved by J. Doerksen that we recommend to Council approval of Subdivision Application
99 N L 023 subject to the applicant entering into a development agreement for the construction
of the roadway and services to the individual lots as well as any other matter deemed
necessary to be included in that agreement; subject to the applicant providing municipal
reserve in an amount to be determined when a plan of subdivision is returned for
endorsement; subject to the applicant providing a temporary turn-around at the terminus of
the proposed road, at a radius suitable to accommodate emergency or road maintenance
vehicles; subject to the applicant satisfying the concerns for non-potable water supply to other
lots within the existing subdivision prior to endorsement of the subdivision mylar; subject to
the applicant providing a report from a licensed professional certifying what type of sewage
system should be utilized when these lots are developed; subject to the applicant meeting all
requirements ofthe Eastern Irrigation District with respect to the conveyance of water as well
as easements; subject to the applicant entering into easements for franchise utilities to provide
services to the individual lots as necessary; and subject to the applicant preparing an Area
Structure Plan covering the SE ] 0-19-14-W4 priorto the subdivision ofadditional lots should
they be requested; and subject to a waiver of Section 51.3 of the Land Use Bylaw to allow''/z
acre size parcels. Carried.
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September 28, 1999 Page 94
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Lunch
The Commission recessed for lunch from 1 1:55 a.m. to 12:35 p.m.
Subdivisions (cont'd)
3. 99 NL 024 - Pt. NW 7-20-13-W4 -Division 3
Christianson, Cameron -Farmstead Separation
Moved by B. M`Kellar that we recommend to Council approval of Subdivision Application
99 NL 024 subject to the applicant entering into an agreement with the County ofNewell for
the installation of any required accesses for the proposed and remnant parcels; subject to the
applicant meeting all requirements of the Eastern Irrigation District with respect to the
conveyance of water as well as easements: subject to the County waiving the requirement
under Section 31 of the Land Use Bylaw for the requirement of one dwelling unit per parcel
to permit the two residences to continue on the proposed parcel; subject to the applicant
providing easements to franchise utilities for the servicing to the proposed and remnant
parcels; and subject to the carrying forward of any oil and gas company right-of--ways, surface
lease agreements, access agreements, etc. Carried.
4. 99 NL 025 -Plan 8010399, Block 1, Lot 3 -Division 2
Dennis Roy -Residential Subdivision
Moved by Councillor Loewen that we recommend to Council that Subdivision Application
99 NL 025 be denied. Carried.
5. 99 NL 026 - Pt. NW 15-15-15-W4 -Division 4
Axelson, David -Agricultural Subdivision
Moved by J. Doerksen that we recommend to Council approval of Subdivision Application
99 NL 026 be approved subject to subject to the registration of a caveat for the dedication of
5 metres along the westerly boundary of the proposed and remnant parcels for future road
widening to be purchased at a rate that is consistent with County Policy at that time; subject
to the applicant meeting all requirements of the Eastern Irrigation District with respect to the
conveyance of water as well as easements; subject to the applicant consolidating the proposed
parcel to be created by this subdivision with the NE 15-15-15-W4; subject to the registration
of a caveat on the E''/z of N W 15-15-15-24 requiring the notification of the County ofNewell
prior to any title separation application and subject to the applicant ensuring that the
PanCanadian pipeline rights-of--way remain on the title when the consolidation is registered
at Land Titles. Carried.
September 28, 1999
Page 95
9. Development Report
r~
The Development Report for August 26, 1999 to September 21, 1999 was presented to the
Commission. Moved by J. Doerksen that we approve this report. Carried.
10. Correspondence
1. Response to Brisbin &Sentis Engineering Inc.
RE: Subdivision Application Within Town of Bassano
A response letter from the Planner to Brisbin &Sentis Engineering Inc., with regard to a
proposed subdivision within the Town of Bassano, was presented to the Commission as
information.
2. Town of Brooks -Land Use Bylaw Amendment -Custodial Quarters
A letter from the Town of Brooks, with regard to a proposed amendment to their land use
bylaw to provide a definition of Custodial Quarters, was presented to the Commission for
comment. The Planner was directed to reply to this letter, informing the Town of Brooks that
the County has no objection to this proposed amendment.
/' 3. Town of Brooks -Land Use Bylaw Amendment
Rezone General Commercial District to Direct Control
A letter from the Town of Brooks, with regard to a proposed amendment to their land use
bylaw to rezone Lot 34, Block 2, Plan 8111859, was presented to the Commission for
comment. The Planner was directed to reply to this letter, informing the Town of Brooks that
the County has no objection to this proposed amendment.
4. Town of Brooks -Request for Comments -Subdivision Application 99 SUB 03
A letter from the Town of Brooks, with regard to Subdivision Application 99 SUB 03, was
presented to the Commission for comment. The Planner was directed to reply to this letter,
inform ing the Town of Brooks that the County has no objection to this proposed amendment.
1 1. Other Business
1. Alberta Development Officers' Association 1999 Conference
November 7 - 10. 1000 - Kananaskis
Information on the upcoming Alberta Development Officers' Association 1999 Conference
was presented to the Commission.
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September 28, 1999 Page 96
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12. Land Use Chances
There were no Land Use Change applications.
13. Post Agenda Items
1. Permit #2012 - Pt. SE. 36-22-17-W4 -Division 9
Pankratz, Darryl -Relocate Modular Unit & Variance to Land Use Bylaw
Moved by J. Doerksen that we approve Development Permit #2012 to relocate a second
residence within Pt. SE 36-22-17-W4 as per Section 31(2) of Land Use Bylaw # 1004-90 and
subject to the following conditions:
1. That this use be classified as a modular home being a permitted use within the A -
Agricultural District. This use is permitted under Section 9(4) of Land Use Bylaw
#1004-90 in which the Municipal Planning Commission may waive requirements
notwithstanding that the proposed development does not comply with the land use
bylaw provided that, in the opinion of this commission:
The development does not:
Unduly interfere with the amenities of the neighbourhood, or materially interfere
with or affect the use, enjoyment or value of neighbouring properties;
The proposed development conforms with the use prescribed for that land or
building in the land use bylaw; and
The proposed development complies with any adopted statutory plans.
The Municipal Planning Commission grants approval for a development permit for the
second residence to be located within the SE 36-22-17-W4 because this residence is to
be used as part of the agricultural operations as provided under Section 31(2) of Land
Use Bylaw #1004-90.
2. That this use shall comply with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
3. That this use shall comply with the provisions of Section 49 of Land Use Bylaw # 1004-
90 pertaining to the A -Agricultural District.
4. That this development permit is issued as per Section 9(4) of Land Use Bylaw # 1004-
90.
5. That the development shall be located as shown on the site plan submitted September
7, 1999. Any changes to that plan shall require the written approval of the Development
Officer.
6. That this use shall comply with the Alberta Building Code.
7. That the developer shall obtain all required permits (i.e. building, electrical, plumbing,
heating and ventilation) from an accredited inspection agency.
8. That the developer shall ensure an adequate supply of water is provided for this use.
9. That the developer shall ensure proper disposal of sewage and waste from this use.
l 0. That the developer shat I ensure that the property is maintained to the satisfaction of the
Development Officer.
September 28, 1999
Page 97
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1 l . That the developer shall ensure that construction materials, supplies and equipment are
` stored on the property.
12. That the developer shall ensure that continuous clean-up of construction debris tracked
onto the public roadway where access is provided to the property.
13. That the developer shall enter into a road approach agreement with the County of
Newell if a new approach is required to access the modular unit. When the mobile
home is removed, the road approach shall also be removed.
14. That the developer shall ensure that the following minimum yard setbacks are
maintained for this development:
Front Side Flankage Rear
*40 m 3 m *40 m 3 m
* From centre line of any public roadway or Secondary Highway.
I5. That this development approval is granted only for the relocation of a modular home
onto Pt. SE 36-22-17-W4 as provided under Section 9(4) and 31(2) of Land Use Bylaw
# 1004-90. Any other development will require separate application and approval.
Carried.
2. Bylaw Amendment Discussion
A discussion, on whether or not to delete the 80 acre lot size requirement for an additional
residence for farm use, took place.
~-- 3. Greenwald Inlet Presentation
The Commission discussed the Greenwald [nlet Presentation and directed the Planner to
respond to the concerns addressed.
4. Alberta Agriculture, Food & Rural Development
Sustainable Livestock Operations -Discussion Paper
A Discussion Paper on Sustainable Livestock Operations was presented to the Commission
for discussion at the next meeting.
Home Occupation #100 - NW '/4 - 4-20-14-W4 -Division 8
Custom Recreation & Repair -Small En impair & Maintenance
Moved by J. Doerksen that we approve Home Occupation Permit Application #100 for a
small engine repair and maintenance business with the NW '/4 -4-20-14-W4 subject to the
following conditions:
That this use is classified as a home occupation being a discretionary use within the A -
Agricultural District.
September 28, 1999 Page 98
2. That this use shall comply with all .Federal, Provincial and Municipal statutes, _
regulations, codes and standards.
3. That this use shall not affect the residential use of the property or adjacent properties `-°
and area.
4. That the total number of off-site employees, not including the occupants of the
residence, involved with the said occupation shall not exceed two.
5. That there shall be no outside storage of goods or materials, except as noted in these
conditions. Storage of materials and goods shall only occur at the rear of the garage of
the property and shall not be visible from Secondary Highway #873.
6. That there shall be no noise, vibration, smoke, dust or odours created from this home
occupation which may affect adjacent land owners or development.
7. That this home occupation permit shall be valid for a time period until September 28,
2001. Renewal ofthis permit shal I be subject to the applicant's performance during that
time period. The applicant shall be responsible for re-applying one month before the
expiry period.
8. That this home occupation is granted for repair and maintenance of small engines only
and shall be operated by the applicant at Lot 2, Block 7, Plan 9912109. Any other type
of home occupation shall require a separate application and approval.
Carried.
6. November & December Meeting Dates
Moved by B. M`Kel lar that the November 1999 meeting and the December 1999 meeting be
combined and held on December 14, 1999. Carried.
14. Ouestion Period/Notice of Motion
A question period was held.
15. Adjourn
Moved by Councillor Loewen that the meeting adjourn at 1:55 p.m. Carried.
L' ~a.~x~
CHAIRMAN
l~l~ri i~~./Gn~J
SECRETARY
September 28, 1999 Page 99