AGENDA - Property Standards Committee - 20151008PROPERTY STANDARDS
COMMITTEE
MEETING AGENDA
THURSDAY,OCTOBER 8,2015
6 P.M.
COUNCIL CHAMBERS
AURORA TOWN HALL
PUBLIC RELEASE
October 5,2015
TOWN OF AURORA
PROPERTY STANDARDS COMMITTEE
MEETING AGENDA
Thursday,October 8,2015
6 p.m.
Council Chambers
1.DECLARATION OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF
2.APPROVAL OF THE AGENDA
RECOMMENDED:
THAT the agenda as circulated by Legal and Legislative Services be approved.
3.RECEIPT OF THE MINUTES
4.DELEGATIONS
5.MATTERS FOR CONSIDERATION
1.Memorandum from Director of Legal &Legislative Services/Town pg.1
Solicitor
Re:Property Standards Committee Appeal Hearing Procedures
RECOMMENDED:
THAT the memorandum regarding “Property Standards Committee
Appeal Hearing Procedures”be received;and
THAT the Property Standards Committee Appeal Hearing Procedures
attached to this memorandum are hereby adopted.
6.INFORMATIONAL ITEMS
7.NEW BUSINESS
8.ADJOURNMENT
MEMORANDUM
DATE:October 8,2015
TO:Property Standards Committee Members
FROM:Warren Mar,Director of Legal &Legislative Services/Town Solicitor
RE:Property Standards Committee Appeal Hearing Procedures
RECOMMENDATIONS
THAT the memorandum regarding “Property Standards Committee Appeal Hearing
Procedures”be received;and
THAT the Property Standards Committee Appeal Hearing Procedures attached to
this memorandum are hereby adopted.
COMMENTS
The Town of Aurora is currently in the process of scheduling a Property Standards
Committee Appeal Hearing regarding three Notices of Appeal that have been received.
The Terms of Reference for the Property Standards Committee advises that the Committee
was appointed by Council to sit and hear appeals of any Orders to Comply issued by staff
under the Town's Property Standards By-law relating to the conditions of properties in Town.
Prior to the Appeal Hearing,the Property Standards Committee will review the procedures,
attached to this memo,with members of relevant staff from Legal &Legislative Services.
Pursuant to s.2.1.9 of the Property Standards By-law and s.15.6(8)of the Building Code
Act,1992,the Committee is empowered to adopt its own rules of procedure.
ATTACHMENTS
Attachment #1:By-law Number 4044-99.P –Being a By-law Respecting Property
Standards
Attachment #2:Building Code Act,1992,S.O.1992,c.23,as amended –ss.15.1 to 15.8
(Property Standards)
Attachment #3:Proposed Procedures for a Property Standards Committee Appeal Hearing
100 John West Way
Box 1000
Aurora,Ontario
L4G 6J1
Phone:905-727-3123 ext.4758
Email:wmar@aurora.ca
www.aurora.ca
Town of Aurora
Legal &Legislative Services
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Excerpt from
Building Code Act,1992
S.O.1992,CHAPTER 23,AS AMENDED
Consolidation Period:From July 24,2014 to the e-Laws currency date.
Last amendment:2014,c.7,Sched.3.
Property Standards
Municipal property standards
15.1 (1)In sections 15.1 to 15.8 inclusive,
“committee”means a property standards committee established under section 15.6;(“comité”)
“occupant”means any person or persons over the age of 18 years in possession of the
property;(“occupant”)
“owner”includes,
(a)the person for the time being managing or receiving the rent of the land or premises in
connection with which the word is used,whether on the person’s own account or as agent or
trustee of any other person,or who would receive the rent if the land and premises were let,
and
(b)a lessee or occupant of the property who,under the terms of a lease,is required to repair
and maintain the property in accordance with the standards for the maintenance and
occupancy of property;(“propriétaire”)
“property”means a building or structure or part of a building or structure,and includes the lands
and premises appurtenant thereto and all mobile homes,mobile buildings,mobile structures,
outbuildings,fences and erections thereon whether heretofore or hereafter erected,and
includes vacant property;(“bien”)
“repair”includes the provision of facilities,the making of additions or alterations or the taking of
any other action that may be required to ensure that a property conforms with the standards
established in a by-law passed under this section.(“réparation”)1997,c.24,s.224 (8).
Adoption of policy
(2)Where there is no official plan in effect in a municipality,the council of a municipality may,
by by-law approved by the Minister,adopt a policy statement containing provisions relating to
property conditions.1997,c.24,s.224 (8).
Standards for maintenance and occupancy
(3)The council of a municipality may pass a by-law to do the following things if an official plan
that includes provisions relating to property conditions is in effect in the municipality or if the
council of the municipality has adopted a policy statement as mentioned in subsection (2):
Attachment #2
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1.Prescribing standards for the maintenance and occupancy of property within the municipality
or within any defined area or areas and for prohibiting the occupancy or use of such property
that does not conform with the standards.
2.Requiring property that does not conform with the standards to be repaired and maintained
to conform with the standards or the site to be cleared of all buildings,structures,debris or
refuse and left in graded and levelled condition.1997,c.24,s.224 (8).
No distinction on the basis of relationship
(4)The authority to pass a by-law under subsection (3)does not include the authority to pass a
by-law that sets out requirements,standards or prohibitions that have the effect of
distinguishing between persons who are related and persons who are unrelated in respect of
the occupancy or use of a property,including the occupancy or use as a single housekeeping
unit.1997,c.24,s.224 (8).
Provision of no effect
(5)A provision in a by-law is of no effect to the extent that it contravenes the restrictions
described in subsection (4).1997,c.24,s.224 (8).
Inspection of property without warrant
15.2 (1)Where a by-law under section 15.1 is in effect,an officer may,upon producing
proper identification,enter upon any property at any reasonable time without a warrant for the
purpose of inspecting the property to determine,
(a)whether the property conforms with the standards prescribed in the by-law;or
(b)whether an order made under subsection (2)has been complied with.1997,c.24,s.224
(8).
Contents of order
(2)An officer who finds that a property does not conform with any of the standards prescribed
in a by-law passed under section 15.1 may make an order,
(a)stating the municipal address or the legal description of the property;
(b)giving reasonable particulars of the repairs to be made or stating that the site is to be
cleared of all buildings,structures,debris or refuse and left in a graded and levelled condition;
(c)indicating the time for complying with the terms and conditions of the order and giving notice
that,if the repair or clearance is not carried out within that time,the municipality may carry out
the repair or clearance at the owner’s expense;and
(d)indicating the final date for giving notice of appeal from the order.1997,c.24,s.224 (8).
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Service and posting of order
(3)The order shall be served on the owner of the property and such other persons affected by
it as the officer determines and a copy of the order may be posted on the property.1997,c.24,
s.224 (8).
Registration of order
(4)The order may be registered in the proper land registry office and,upon such registration,
any person acquiring any interest in the land subsequent to the registration of the order shall be
deemed to have been served with the order on the day on which the order was served under
subsection (3)and,when the requirements of the order have been satisfied,the clerk of the
municipality shall forthwith register in the proper land registry office a certificate that such
requirements have been satisfied,which shall operate as a discharge of the order.1997,c.24,
s.224 (8).
Appeal of order
15.3 (1)An owner or occupant who has been served with an order made under subsection
15.2 (2)and who is not satisfied with the terms or conditions of the order may appeal to the
committee by sending a notice of appeal by registered mail to the secretary of the committee
within 14 days after being served with the order.1997,c.24,s.224 (8).
Confirmation of order
(2)An order that is not appealed within the time referred to in subsection (1)shall be deemed
to be confirmed.1997,c.24,s.224 (8).
Duty of committee
(3)The committee shall hear the appeal.2002,c.9,s.24.
Powers of committee
(3.1)On an appeal,the committee has all the powers and functions of the officer who made the
order and the committee may do any of the following things if,in the committee’s opinion,doing
so would maintain the general intent and purpose of the by-law and of the official plan or policy
statement:
1.Confirm,modify or rescind the order to demolish or repair.
2.Extend the time for complying with the order.2002,c.9,s.24.
Appeal to court
(4)The municipality in which the property is situate or any owner or occupant or person
affected by a decision under subsection (3.1)may appeal to the Superior Court of Justice by
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notifying the clerk of the municipality in writing and by applying to the court within 14 days after
a copy of the decision is sent.2002,c.9,s.24.
Appointment
(5)The Superior Court of Justice shall appoint,in writing,a time and place for the hearing of
the appeal and may direct in the appointment the manner in which and the persons upon
whom the appointment is to be served.2002,c.9,s.24.
Judge’s powers
(6)On the appeal,the judge has the same powers and functions as the committee.1997,c.
24,s.224 (8).
Effect of decisions
(7)An order that is deemed to be confirmed under subsection (2)or that is confirmed or
modified by the committee under subsection (3)or a judge under subsection (6),as the case
may be,shall be final and binding upon the owner and occupant who shall carry out the repair
or demolition within the time and in the manner specified in the order.1997,c.24,s.224 (8).
Power of municipality if order not complied with
15.4 (1)If an order of an officer under section 15.2 (2)is not complied with in accordance
with the order as deemed confirmed or as confirmed or modified by the committee or a judge,
the municipality may cause the property to be repaired or demolished accordingly.1997,c.24,
s.224 (8).
Warrantless entry
(2)For the purpose of subsection (1),employees or agents of the municipality may enter the
property at any reasonable time without a warrant in order to repair or demolish the property.
1997,c.24,s.224 (8).
No liability
(3)Despite subsection 31 (2),a municipal corporation or a person acting on its behalf is not
liable to compensate the owner,occupant or any other person by reason of anything done by
or on behalf of the municipality in the reasonable exercise of its powers under subsection (1).
1997,c.24,s.224 (8).
Lien
(4)The municipality shall have a lien on the land for the amount spent on the repair or
demolition under subsection (1)and the amount shall have priority lien status as described in
section 1 of the Municipal Act,2001 or section 3 of the City of Toronto Act,2006,as the case
may be.2002,c.17,Sched.F,Table;2006,c.32,Sched.C,s.3 (2).
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Certificate of compliance
15.5 (1)An officer who,after inspecting a property,is of the opinion that the property is in
compliance with the standards established in a by-law passed under section 15.1 may issue a
certificate of compliance to the owner.1997,c.24,s.224 (8).
Request for certificate
(2)An officer shall issue a certificate to an owner who requests one and who pays the fee set
by the council of the municipality in which the property is located.1997,c.24,s.224 (8).
Fee for certificate
(3)A council of a municipality may set a fee for the issuance of a certificate.1997,c.24,s.224
(8).
Property standards committee
15.6 (1)A by-law passed under section 15.1 shall provide for the establishment of a
committee composed of such persons,not fewer than three,as the council considers advisable
to hold office for such term and on such conditions as the by-law may establish.1997,c.24,s.
224 (8).
Filling of vacancies
(2)The council of the municipality shall forthwith fill any vacancy that occurs in the membership
of the committee.1997,c.24,s.224 (8).
Compensation
(3)The members of the committee shall be paid such compensation as the council may
provide.1997,c.24,s.224 (8).
Chair
(4)The members shall elect a chair from among themselves;when the chair is absent through
illness or otherwise,the committee may appoint another member as acting chair.1997,c.24,
s.224 (8).
Quorum
(5)A majority of the members constitutes a quorum for transacting the committee’s business.
1997,c.24,s.224 (8).
Secretary
(6)The members shall provide for a secretary for the committee.1997,c.24,s.224 (8).
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Duty of secretary
(7)The secretary shall keep on file the records of all official business of the committee,
including records of all applications and minutes of all decisions respecting those applications,
and section 253 of the Municipal Act,2001 or section 199 of the City of Toronto Act,2006,as
the case may be,applies with necessary modifications to the minutes and records.2002,c.
17,Sched.F,Table;2006,c.32,Sched.C,s.3 (3).
Rules of procedure and oaths
(8)The committee may,subject to subsection (9),adopt its own rules of procedure and any
member may administer oaths.1997,c.24,s.224 (8).
Where committee required to give notice
(9)The committee shall give notice or direct that notice be given of the hearing of an appeal to
such persons as the committee considers advisable.1997,c.24,s.224 (8).
Emergency order re dangerous non-conformity with standards
15.7 (1)If upon inspection of a property the officer is satisfied that there is non-conformity
with the standards in a by-law passed under section 15.1 to such extent as to pose an
immediate danger to the health or safety of any person,the officer may make an order
containing particulars of the non-conformity and requiring remedial repairs or other work to be
carried out immediately to terminate the danger.1997,c.24,s.224 (8).
Service
(2)The order shall be served on the owner of the property and such other persons affected
thereby as the officer determines and a copy shall be posted on the property.1997,c.24,s.
224 (8).
Emergency powers
(3)After making an order under subsection (1),the officer may,either before or after the order
is served,take any measures necessary to terminate the danger and,for this purpose,the
municipality may,through its employees and agents,at any time enter upon the property in
respect of which the order was made without a warrant.1997,c.24,s.224 (8).
No liability
(4)Despite subsection 31 (2),a municipal corporation or a person acting on its behalf is not
liable to compensate the owner,occupant or any other person by reason of anything done by
or on behalf of the municipality in the reasonable exercise of its powers under subsection (3).
1997,c.24,s.224 (8).
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Service
(5)If the order was not served before measures were taken to terminate the danger,the officer
shall serve copies of the order in accordance with subsection (2)as soon as practicable after
the measures have been taken,and each copy of the order shall have attached to it a
statement by the officer describing the measures taken by the municipality and providing
details of the amount expended in taking the measures.1997,c.24,s.224 (8).
Service of statement
(6)If the order was served before the measures were taken,the officer shall serve a copy of
the statement mentioned in subsection (5)in accordance with subsection (2)as soon as
practicable after the measures have been taken.1997,c.24,s.224 (8).
Application to court
(7)As soon as practicable after the requirements of subsection (5)or (6)have been complied
with,the officer shall apply to a judge of the Superior Court of Justice for an order confirming
the order made under subsection (1)and the judge shall hold a hearing for that purpose.1997,
c.24,s.224 (8);2002,c.9,s.25.
Powers of judge
(8)The judge in disposing of an application under subsection (7)shall,
(a)confirm,modify or rescind the order;and
(b)determine whether the amount spent on measures to terminate the danger may be
recovered in whole,in part or not at all.1997,c.24,s.224 (8).
Order final
(9)The disposition under subsection (8)is final.1997,c.24,s.224 (8).
Lien
(10)The amount determined by the judge to be recoverable shall be a lien on the land and
shall have priority lien status as described in section 1 of the Municipal Act,2001 or section 3 of
the City of Toronto Act,2006,as the case may be.2002,c.17,Sched.F,Table;2006,c.32,
Sched.C,s.3 (4).
Inspection powers of officer
15.8 (1)For the purposes of an inspection under section 15.2,an officer may,
(a)require the production for inspection of documents or things,including drawings or
specifications,that may be relevant to the property or any part thereof;
(b)inspect and remove documents or things relevant to the property or part thereof for the
purpose of making copies or extracts;
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(c)require information from any person concerning a matter related to a property or part
thereof;
(d)be accompanied by a person who has special or expert knowledge in relation to a property
or part thereof;
(e)alone or in conjunction with a person possessing special or expert knowledge,make
examinations or take tests,samples or photographs necessary for the purposes of the
inspection;and
(f)order the owner of the property to take and supply at the owner’s expense such tests and
samples as are specified in the order.1997,c.24,s.224 (8).
Samples
(2)The officer shall divide the sample taken under clause (1)(e)into two parts and deliver one
part to the person from whom the sample is taken,if the person so requests at the time the
sample is taken and provides the necessary facilities.1997,c.24,s.224 (8).
Same
(3)If an officer takes a sample under clause (1)(e)and has not divided the sample into two
parts,a copy of any report on the sample shall be given to the person from whom the sample
was taken.1997,c.24,s.224 (8).
Receipt
(4)An officer shall provide a receipt for any document or thing removed under clause (1)(b)
and shall promptly return them after the copies or extracts are made.1997,c.24,s.224 (8).
Evidence
(5)Copies of or extracts from documents and things removed under this section and certified
as being true copies of or extracts from the originals by the person who made them are
admissible in evidence to the same extent as and have the same evidentiary value as the
originals.1997,c.24,s.224 (8).
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TOWN OF AURORA –PROPERTY STANDARDS COMMITTEE
PROPERTY STANDARDS BY-LAW NUMBER 4044-99.P
RULES OF PROCEDURE
BACKGROUND
Following the observance of property standards issues and issuance of an Order to
Comply (the “Order”)by a Town of Aurora By-law Enforcement/Property Standards
Officer to the registered owner of a property,the registered property owner (the
“Appellant”)has a right to appeal the Order pursuant to section 15.3 of the Building
Code Act,1992,S.O.1992,c.23,as amended (the “Act”)and the Property Standards
By-law Number 4044-99.P (the “By-law”).Subsection 15.3(3)of the Act requires that
appealed orders be heard by the Town’s Property Standards Committee (the
“Committee”).
This document is intended to provide an outline of the procedures before the
Committee.It is not a comprehensive description of the appeal process and procedure,
and the procedures for each hearing may vary depending on the circumstances and the
will of the Committee.
INTRODUCTION
The Committee is not a representative of the Town’s Case Presenter or the Appellant,
but is a tribunal with powers conferred on it by the Town’s Council pursuant to the By-
law and the Act.While sitting on the Committee for the purpose of hearing an appeal,
members of the Committee are acting as independent tribunal members,empowered
under the By-law to hear representations from the Town’s Case Presenter as one party
and the Appellant as the other party.The Committee may also hear from any other
individual holding relevant evidence to the appeal.In this regard,all members of the
Committee must act in the public interest and in accordance with the principles of
fairness and natural justice.
The role of the Committee is to conduct appeal hearings and make final decisions
respecting the Order to Comply under appeal.Pursuant to subsection 15.3(3.1)of the
Act,the Committee:
“…has all the powers and functions of the officer who made the order and
the committee may do any of the following things if,in the committee’s
opinion,doing so would maintain the general intent and purpose of the by-
law and of the official plan or policy statement:
1.Confirm,modify or rescind the order to demolish or repair.
2.Extend the time for complying with the order.”
Attachment #3
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The Committee’s directions and decisions must be impartial,give the appearance of
fairness,and not be biased as to create prejudice against the Appellant or the Case
Presenter.
In a situation where there is conflicting evidence,the Committee shall make a finding of
fact as to which evidence they accept,and make a formal decision stating such finding.
Pursuant to subsection 15.6(8)of the Act and subsection 2.1.9 of the By-law,the
Committee has the power to determine its own procedures and practices,and may for
that purpose make an order with respect to the procedures and practices that apply in
any particular proceeding.Please note that the Town does not otherwise have an
Administrative Policy in place regarding the conduct of Property Standards appeals.
In addition to the By-law,the appeal process and procedures are governed by the Act,
the Statutory Powers Procedure Act,R.S.O.1990,c.S.22,as amended,and these
procedures as adopted by the Committee.
PROCEDURE
1.Call to Order by the Committee Chair
A statement should be read by the Committee Chair to call the meeting to order and
identify the matters being heard pursuant to section 2.1 of the By-law.Committee
members will be asked to declare any conflicts of interest prior to commencing the
hearing once the matters being heard are identified.
The Chair will ask the Case Presenter,who sits at one side of the table facing the
Committee,whether there are any requests for adjournment or Orders that have been
complied with.The Committee will deal with these matters first.
The Chair will state the municipal address of the property for which appeal is being
heard and the Appellant will then take a seat at the unoccupied side of the table facing
the Committee.
The members of the Committee will consider the evidence and submissions made by
the parties present at the appeal hearing.If the Case Presenter,the Appellant or the
Appellant’s agent does not attend the hearing,the Committee shall be entitled to
proceed to hear evidence and submissions in the absence of such party,and may
render a final decision in the absence of the party.
2.Presentation of Evidence by the Town’s Case Presenter
The Town’s Case Presenter shall provide a brief overview of the contents of the Order
and the nature of the alleged offence.The Case Presenter will then present his/her
evidence through witnesses who are either sworn under oath or affirmed.Should the
Case Presenter wish to provide evidence through his/her own statements,he/she is
therefore considered to be a witness and shall be sworn under oath or affirmed prior to
giving such evidence.The Appellant will then have an opportunity to cross-examine
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any witnesses called by the Case Presenter,and the Case Presenter will then have an
opportunity to re-examine those witnesses on any point raised in the cross-examination.
3.Presentation of Evidence by the Appellant
The Appellant will present his/her evidence through witnesses who are either sworn
under oath or affirmed.Should the Appellant wish to provide evidence through his/her
own statements,he/she is therefore considered to be a witness and shall be sworn
under oath or affirmed prior to giving such evidence.The Case Presenter will then have
an opportunity to cross-examine any witnesses called by the Appellant,and the
Appellant will then have an opportunity to re-examine those witnesses on any point
raised in the cross-examination.
The Appellant may choose to be represented by a lawyer or an agent,or may be self-
represented.
4.Documents Used in Evidence
If the Appellant or Case Presenter has any material,such as documents or
photographs,that he/she wishes to use during the hearing,it is preferable that the
Appellant or Case Presenter disclose such information to each other in advance of the
hearing.
If either the Case Presenter or the Appellant brings forward material during the hearing
that has not been disclosed to the other party in advance,time may be given during the
hearing,if so requested,to allow the other party to review the material.The other party
will be given the opportunity to state any objections to the use of the material during the
hearing.The Committee will decide,based on the submissions of the parties,whether
or not the material may be referred to or introduced into evidence and marked as an
exhibit.If required,the Committee is free to adjourn the hearing to consult in private
amongst its members prior to its direction.
5.Asking Questions
Committee members may ask questions of the witnesses,the Case Presenter,or the
Appellant at any time,or recall a witness for the purpose of clarifying a point that has
arisen since the witness has concluded his or her main presentation.
6.Closing Statements
Once all evidence has been given,the parties have the right to make closing
statements,first by the Case Presenter and then by the Appellant.The final
submissions should include what each party is requesting of the Committee with respect
to confirming,modifying or rescinding the Order and/or extending the time for complying
with the Order.
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7.Adjournment and Deliberation
Once the closing statements are completed,the Committee will adjourn in private to
deliberate the matter and evidence presented,and thereafter the Committee will either
render its decision in public or reserve the decision for further deliberation.If the
Committee determines that additional information is required to render a decision,it
may adjourn the matter to a future meeting date.The Committee may make an interim
order at the appeal hearing after deliberation,with full written reasons to follow.
8.Final Decision and Order
The final decision and order of the Committee shall be final and binding,made in
writing,and will be sent to the parties as soon as reasonably possible after the hearing
and deliberations are completed.
In its decision,the Committee may confirm,modify or rescind the Order and/or extend
the time for complying with the Order.
9.General Procedures
(a)While no formal time limits are placed on the presentation of evidence by the
parties,the parties should keep their submissions and witness testimony concise
and to the point.The Committee has the right to maintain order at the hearing to
ensure that it is being conducted efficiently,while respecting the parties’right to a
fair hearing.
(b)Members of the Committee must be present throughout the entire hearing once
the Committee has been called to order.If a member must leave for any reason,
the Chair shall adjourn or recess the hearing until the member returns.A
member of the Committee who arrives after the hearing has been called to order
shall not be permitted to join the proceedings in progress.
(c)A member of the Town’s Legal Services division,not being privy to the case of
either party,will be present as counsel to the Committee to assist and give legal
advice to the Committee.However,counsel to the Committee does not have
power to decide the appeal,which rests with the Committee.
(d)All Appellants and/or their representatives must sign in with either the secretary
of the Committee or with the member of the Town’s Legal Services division prior
to the commencement of the hearing.
Property Standards Committee Meeting Agenda
Thursday,October 8,2015 Item 1 Page -34
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