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HomeMy WebLinkAboutTC Res 2011-03-02 (2)RESOLUTION NO. 10-2011 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PARTIALLY UPHOLDING AN APPEAL BY CRES VAN KEULEN, NEAL TOFT, TERRY HENNESSY AND PATRICIA GOSS OF THE PLANNING COMMISSION'S APPROVAL OF A CONDITIONAL USE PERMIT TO OPERATE A DRUG STORE AND PHARMACY ON PROPERTY LOCATED AT 1599 TIBURON BOULEVARD AND IMPOSING ADDITIONAL CONDITIONS OF APPROVAL (ASSESSOR PARCEL NO. 058-171-88) WHEREAS, on January 12, 2011 the Planning Commission held a public hearing on a conditional use permit application (File #11005) filed by CVS/pharmacy, Armstrong Development Properties, Inc. and Zelinsky Properties, LLC to operate a drug store and pharmacy, with a drive-through pharmacy, on property located at 1599 Tiburon Boulevard; and WHEREAS, on January 12, 2011 the Planning Commission adopted Resolution No. 2011-02 conditionally approving the project; and WHEREAS, the Planning Commission's decision was appealed in a timely manner by Cres Van Keulen, Neal Toft, Terry Hennessy and Patricia Goss (collectively referred to as "appellants"); and WHEREAS, the project application consists of File #11005, on file with the Town of Tiburon Community Development Department. The official record for this project application is hereby incorporated and made part of this resolution. The record includes, without limitation, the Staff Reports, minutes, application materials, and all comments and materials received at the public hearings, and WHEREAS, the Town Council held a public hearing on February 16, 2011, and after receiving testimony and reviewing all evidence in the record, considered the application on a de novo basis; and WHEREAS, the Town Council finds that the project is exempt from the requirements of the California Environmental Quality Act per Section 15301 of the CEQA Guidelines; and WHEREAS, the Town Council finds, based upon the application materials and analysis provided in the January 12, 2011 Planning Commission Staff Report, the February 16, 2011 Town Council Staff Report, and the entire record on appeal, that the project as conditioned by the Planning Commission is, on balance, consistent with the goals and objectives of the Tiburon General Plan; and Town Council Resolution No. 10-2011 03/02/2011 Page 1 of 10 WHEREAS, the Town Council further finds that the proposed drug store and pharmacy is listed as a preferred use for Downtown-,Tiburon in the Downtown Element of the Tiburon General Plan and would be a resident-serving land use as encouraged by Policy DT-2 of the Downtown Element; and WHEREAS, the Town Council finds that the public convenience and necessity would be served by the sale of alcoholic beverages by this use for consumption off the premises due to the few opportunities for such off-sale type of sales within Downtown Tiburon and within the Town of Tiburon corporate limits; and WHEREAS, the Town finds that the project, with additional conditions as set forth below, would be consistent with the purposes and factors to be considered in determining whether or not any conditional use should be permitted in a specific location listed in Sections 16-52.040 (B) and 16-52.040 (D) of the Tiburon Zoning Ordinance, as follows: 16-52.040 (B) Determine whether the location proposed for the conditional use is properly related to the development of the neighborhood or vicinity as a whole. The Town Council finds that the Planning Commission considered the relationship of the proposed drug store and pharmacy and its ancillary pharmacy drive-through window to the neighboring Point Tiburon Marsh residential project and other surrounding uses, and concluded that, as modified by the conditions of approval, the use would be properly related to and compatible with surrounding uses. The Town Council finds that additional conditions, as set forth below, are necessary to more fully and adequately ameliorate the project's light, noise, and other identified impacts on residents of the adjoining Point Tiburon Marsh residential development. 2. Determine whether the location proposed for the particular conditional use would be reasonably compatible with the types of uses normally permitted in the surrounding area. The Town Council finds that the proposed location for the drug store and pharmacy, which had previously been used as a grocery store and is situated across Beach Road from a drive-through facility at Bank of America would, with additional conditions imposed as set forth below, be reasonably compatible with the types of uses normally permitted in the surrounding area, including residential dwellings. 3. Evaluate whether or not adequate facilities and services required for such use exist or can be provided. Town Council Resolution No. 10-2011 03/02/2011 Page 2 of 10 The Town Council finds that the proposed use is somewhat similar to the supermarkets that have occupied the subject site and building since the 1960's, and that there would be sufficient parking, access, services and utilities to serve the proposed use. 4. Stipulate such conditions and requirements as would reasonably assure that the basic purposes of this Zoning Ordinance and the objectives of the General Plan would be served. The Town Council finds that the Planning Commission adopted conditions of approval that were responsive to neighbor concerns regarding the potential noise, traffic and light impacts of the project, but that the imposition of additional conditions as set forth below is required in order to more fully and adequately ameliorate the project's light, noise, and other identified impacts on residents of the adjoining Point Tiburon Marsh residential development. 5. Determine whether the Town is adequately served by similar uses presently existing or recently approved by the Town. The Town Council finds that there has been no pharmacy in Downtown Tiburon since the 1990's, forcing Tiburon residents to drive to Strawberry or Mill Valley to fill prescriptions. The Downtown Element of the Tiburon General Plan indicates that a drug store/pharmacy is a preferred use for Downtown Tiburon, as verified by community preference polls conducted in 2005. Policy LU-24 of the Land Use Element states that "the Town shall encourage the addition of under-represented retail and service businesses to enhance shopping and service opportunities for Tiburon." 16-52.040(D) 1. The relationship of the location proposed to: a. The service or market area of the use or facility proposed. The Town Council finds that the applicant submitted adequate information regarding the potential demand to support a single- lane drive-through pharmacy. A drug store/pharmacy has long been identified as a highly desired use in Downtown Tiburon and one that has been lacking in the entire Town of Tiburon since the 1990's. b. Transportation, utilities, and other facilities required to serve it. The Town Council finds that the site has frontage and entry/exits from both Tiburon Boulevard and Beach Road, and that the use is Town Council Resolution No. 10-2011 03/02/2011 Page 3 of 10 supported by adequate parking, transportation, utilities, and other facilities. C. Other uses of land in the vicinity. The Town Council finds that the location of the proposed drug store and pharmacy is an appropriate use of this commercial property and, with additional conditions imposed as set forth below, would, be reasonably compatible with the other uses of land in the vicinity, including the neighboring Point Tiburon Marsh residential project. 2. The compatibility of the design, location, size, and operating characteristics with the existing and future land uses in the vicinity. The Town Council finds that the details and operating characteristics of the proposed use have been considered in its evaluation of the subject application, and further finds that the adopted conditions of approval in Planning Commission Resolution No. 2011-02 combined with the additional conditions set forth below would adequately ameliorate the project's light, noise, and other identified impacts on residents of the adjoining Point Tiburon Marsh residential development and make it compatible with land uses in the vicinity. 3. The probability of impairment to the architectural integrity and character of the zoning district in which it is to be located. The Town Council finds that the architectural characteristics of the proposed addition and drive-through facility, as modified by conditions set forth herein, will not impair the character of the Neighborhood Commercial zoning district. 4. The protection of the public interest, health, safety, convenience, or welfare of the Town, or any probability of injury to property or improvements in the vicinity and zoning district in which the real property is located. The Town Council finds that the project as conditioned would be consistent with the public interest, health, safety and convenience of the Town, and would not have unreasonable or materially injurious impacts on property or improvements in the vicinity. The applicant has demonstrated that the public convenience would be served by the use of a drive-through pharmacy facility in Tiburon. The Town Council finds that traffic generated by the drive-through pharmacy element of the project would incrementally increase turning movements near the Beach Road/Marsh Road intersection, where pedestrian safety and sight-line visibility have been previously identified as neighborhood concerns. The Town Council finds that the conditions imposed herein regarding applicant-sponsored traffic and pedestrian safety improvements at the Beach Road/Marsh Road intersection would adequately off-set the project's increase in turning movements at that intersection. The Town Council finds that other additional conditions imposed Town Council Resolution No. 10-2011 03/02/2011 Page 4 of 10 herein will ameliorate the project's light, noise, and other identified impacts on residents of the adjoining Point Tiburon Marsh residential development. 5. The need of the community for additional numbers of such uses, paying particular heed to whether the neighborhood or vicinity is already adequately served by similar uses. The Town Council finds that there has been no pharmacy in the entire Town of Tiburon since the 1990's, forcing Tiburon residents to drive to Strawberry, Mill Valley, or points beyond to fill prescriptions. The Downtown Element of the Tiburon General Plan indicates that a drug store/pharmacy is a preferred use for Downtown Tiburon, as verified by a community preference poll conducted by the Town of Tiburon in 2005. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon hereby partially upholds the appeal of Cres Van Keulen, Neal Toft, Terry Hennessy and Patricia Goss and imposes the following additional conditions of approval on the permit: 14. Transactions at the drive-through window shall be limited to pharmacy-related (i.e. prescription) items only. 15. All HVAC-type mechanical equipment on the site shall comply at all times with the noise standards contained within the Noise Element of the Tiburon General Plan and the Town of Tiburon Standards for Air Conditioning Units and Similar Mechanical Equipment (Community Development Department Administrative Policy and Procedure No. 2006-03). The permit holder shall be responsible to provide professionally-prepared documentation of such ongoing compliance upon request by the Town. 16. During its review and consideration of the Site Plan & Architectural Review permit application for the project, the Design Review Board is instructed to require the minimization of the visual impacts of the drive-through pharmacy addition and ensure that its architectural character and appearance is compatible and harmonious with the design of the existing building, including minimization of vertical drive-through structural elements facing Beach Road. 17. The applicant shall construct an additional wall in front of the approved drive-through lane, as shown on the revised site plan drawing dated January 13, 2011, for the purposes of headlight and noise reduction impacts on Point Tiburon Marsh residences from the drive-through lane. The wall and its details shall be depicted on the drawings submitted for Site Plan & Architectural Review permit application. Town Council Resolution No. 10-2011 03/02/2011 Page 5 of 10 18. The drive-through window shall be customized to allow voice communication between a driver and the pharmacy staff without the amplified speaker, with the understanding that such non-amplified voice communication may not be appropriate or possible for all interactions between drive-through customers and pharmacy staff. Details of the drive-through window design shall be submitted with the building permit application and shall document compliance with this condition of approval. 19. The drive-through audio speaker shall be oriented at least 135 degrees away from the Point Tiburon Marsh condominium units, and fitted with shrouding, coning, or shielding of the speaker to focus sound toward the driver and away from the Point Tiburon Marsh residential units. Details of the drive-through window and speaker assembly shall be submitted with the building permit application and shall document compliance with this condition of approval. 20. In coordination with the Public Works Department, permit holder shall fund and implement the removal of sight-distance obstacles east of the Beach Road/Marsh Road intersection and shall participate in the installation of pedestrian crosswalk signs and associated improvements (such as crosswalk relocation) to improve public safety at the Beach Road/Marsh Road intersection crosswalk. These safety improvements shall be incorporated into the site improvement drawings to the satisfaction of the Town Engineer and implemented in conjunction with the Beach Road frontage encroachment permit work. 21. This conditional use permit shall be reviewed by the Planning Commission at a public hearing approximately ninety (90) days following commencement of the use, and again at approximately one (1) year following commencement of the use to evaluate noise, light, traffic and other relevant issues. During this review, the Planning Commission shall have the authority to modify the conditions of this permit. The Planning Commission may, at its discretion, establish an ongoing periodic review schedule for the use. BE IT FURTHER RESOLVED by the Town Council that the final consolidated conditions of approval for the permit are contained in Exhibit "A" incorporated herein. Town Council Resolution No. 10-2011 03/02/2011 Page 6 of 10 PASSED AND ADOPTED at a regular meeting of the Town Council on March 2, 2011, by the following vote: AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell, Slavitz NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEFF S AvITZ, - YOR TOJVN OFT ON ATTEST: DIANE CRANE IAOOPI, TOWN CLERK Town Council Resolution No. 10-2011 03/02/2011 Page 7 of 10 EXHIBIT "A" Consolidated Conditions of Approval 1599 Tiburon Boulevard File #11005 1. The use shall operate in substantial conformance with the Operational Statement (3 pages) as submitted by the applicant, attached Exhibit 1 and incorporated herein, as modified by conditions of approval herein. This includes the sale of alcoholic beverages for consumption off the premises. Any substantial modification of the approved use, as determined in the reasonable discretion of the Director of Community Development, shall require an amendment to this use permit. 2. Hours of operation for the drug store and pharmacy shall be from 7:00 a.m. to 10:00 p.m., seven days a week. Hours of operation for the drive-through pharmacy shall be from 8:00 a.m. to 8:00 p.m., seven days a week. 3. Truck deliveries shall be limited to the hours of 8:00 a.m. to 6:00 p.m., seven days a week. 4. The drive-through pharmacy shall be limited to one lane of traffic. 5. A minimum of 72 on-site parking spaces shall be provided for the use and shall be maintained at all times. This parking requirement shall supersede the parking requirements approved by the Marin County Board of Supervisors in 1963. 6. The 1,800 square foot space for a future tenant may be used for small-item retail sales purposes only in reliance on this conditional use permit. Occupancy of this space by a different type of use shall require a separate conditional use permit. 7. Site Plan & Architectural Review approval shall be required for all exterior modifications and site improvements. At that time, the permit holder shall be required to address the gaps in the exterior of the building between the foundation and the adjacent planters and parking lot, and demonstrate substantial conformance with the Downtown Tiburon Design Handbook and its Site Furnishings Supplement. 8. The installation of any signs shall require a Sign Permit pursuant to Chapter 16A of the Tiburon Municipal Code. 9. The permit holder shall comply with all applicable regulations of the State of California Alcoholic Beverage Commission (ABC), the Marin County Health Department, the Marin Municipal Water District, Sanitary District No. 5, and the Tiburon Fire Protection District. Town Council Resolution No. 10-2011 03/02/2011 Page 8 of 10 10. The un-permitted contractor's storage yard at the rear of the building shall be discontinued immediately. The dilapidated feticing along the rear property line shall be replaced with a solid (block-type) wall to provide a better noise buffer for the adjacent Point Tiburon Marsh residents. 11. The Town reserves the right to amend or revoke this Conditional Use Permit for cause, in accordance with adopted regulations of the Town. 12. This Conditional Use Permit approval shall become null and void if the approved use has not commenced within one (1) year of final approval, unless an extension is approved. 13. If this approval is challenged by a third party, the property owner/applicant will be responsible for defending against this challenge. The property owner/applicant agrees to defend, indemnify and hold the Town of Tiburon harmless from any costs, claims or liabilities arising from the approval, including, without limitations, any award of attorney's fees that might result from the third party challenge. 14. Transactions at the drive-through window shall be limited to pharmacy-related (i.e. prescription) items only. 15. All HVAC-type mechanical equipment on the site shall comply at all times with the noise standards contained within the Noise Element of the Tiburon General Plan and the Town of Tiburon Standards for Air Conditioning Units and Similar Mechanical Equipment (Community Development Department Administrative Policy and Procedure No. 2006-03). The permit holder shall be responsible to provide professionally-prepared documentation of such ongoing compliance upon request by the Town. 16. During its review and consideration of the Site Plan & Architectural Review permit application for the project, the Design Review Board is instructed to require the minimization of the visual impacts of the drive-through pharmacy addition and ensure that its architectural character and appearance is compatible and harmonious with the design of the existing building, including minimization of vertical drive-through structural elements facing Beach Road. 17. The permit holder shall construct an additional wall in front of the approved drive-through lane, as shown on the revised site plan drawing dated January 13, 2011, for the purposes of headlight and noise reduction impacts on Point Tiburon Marsh residences from the drive-through lane. The wall and its details shall be depicted on the drawings submitted for Site Plan & Architectural Review permit application. Town Council Resolution No. 10-2011 03/02/2011 Page 9 of 10 18. The drive-through window shall be customized to allow voice communication between a driver and the pharmacy staff without the amplified speaker, with the understanding that such non-amplified voice communication may not be appropriate or possible for all interactions between drive-through customers and pharmacy staff. Details of the drive-through window design shall be submitted with the building permit application and shall document compliance with this condition of approval. 19. The drive-through audio speaker shall be oriented at least 135 degrees away from the Point Tiburon Marsh condominium units, and fitted with shrouding, coning, or shielding of the speaker to focus sound toward the driver and away from the Point Tiburon Marsh residential units. Details of the drive-through window and speaker assembly shall be submitted with the building permit application and shall document compliance with this condition of approval. 20. In coordination with the Public Works Department, permit holder shall fund and implement the removal of sight-distance obstacles east of the Beach Road/Marsh Road intersection and shall participate in the installation of pedestrian crosswalk signs and associated improvements (such as crosswalk relocation) to improve public safety at the Beach Road/Marsh Road intersection crosswalk. These safety improvements shall be incorporated into the site improvement drawings to the satisfaction of the Town Engineer and implemented in conjunction with the Beach Road frontage encroachment permit work. 21. This conditional use permit shall be reviewed by the Planning Commission at a public hearing approximately ninety (90) days following commencement of the use, and again at approximately one (1) year following commencement of the use to evaluate noise, light, traffic and other relevant issues. During this review, the Planning Commission shall have the authority to modify the conditions of this permit. The Planning Commission may at its discretion establish an ongoing periodic review schedule for the use. END Attachments: Exhibit 1, Operational Statement for CVS/pharmacy #1483 (3 pages) S: IAdministrationI Town CouncihResolutions/2011/CVS Partially Uphold Appeal.doc Town Council Resolution No. 10-2011 03/02/2011 Page 10 of 10 U moG ARMSTROm Jib W PROPERTIES, INC. r_,.._ . R Operational Statement CVS/pharmacy 91483 NEC Beach & Tiburon, Tiburon, CA 1375 =xposition Blvd. Suite 101 Sacramento, CA 95818 www.armstrongdev.com 916.643.9610 916.643.9613 fax Armstrong Development Properties, Inc. (ADPI) proposes a redevelopment of the property located at the northeast conger of Beach Road and Tiburon Boulevard in Tiburon, CA. The redevelopment project will allow CVS/phannacy and another retail tenant to occupy the vacant building previously home to DeLano's Market. The proposed CVS/pharmacy retail store will provide health and beauty aids, personal care items, gift items, beer, wine, distilled spirits, common household goods, vitamins, and retail phannaceutical products available over-the- counter or by prescription from the in-store pharmacy. In addition to these products, the proposed store will also provide one-hour photo processing, as well as standard photo processing from standard negatives or digital photography. Other than photographic prints, products are not produced onsite, but a full range of products are available in-store, with an emphasis on convenience to the consumer. ADPI, on. behalf of CVS/phannacy, is requesting a Conditional Use Permit (CUP) in order- to pursue a type 21 liquor license to sell a limited availability of beer, wine and distilled spirits for off-site consumption only. The proposed CVS/pharmacy will be located at 1599 Tiburon Boulevard. The Assessor Parcel Number for the project is 081-026-20. The property is currently zoned "NC/AHO" Neighborhood Commercial Affordable Housing Overlay. The proposed CVS/phannacy project is consistent with both the current "NC/AHO" land use designation as well as the Tiburon 2020 General Plan. The intent of this redevelopment project is to create a sustainable and viable retail project that will be an asset to the community for years to come. Renovations to the existing building will consist of the addition of drive-through facilities for CVS/pharmacy and all necessary improvements for the proposed retail space including but not limited to a new storefront, interior dernising walls, and utility laterals. A Tenant for the proposed retail space will be detennined at a later date and could be either a retail or restaurant use. CVS/phannacy intends to sublease the retail space to a tenant that not only compliments the CVS/phannacy but also offers goods or services that will benefit the surrounding community. Site improvements will be minimal and will include the repair of any damaged sidewalks, all necessary upgrades to ensure that the project is ADA compliant, as well as new landscaping throughout the parking area in order to improve the overall appearance of the site. Additionally, the project proposes to widen Tiburon Blvd. in order to provide eight new parallel off-site parking spaces and install a new public sidewalk. The reason that a Condition Use Permit is being requested is that while alcoholic beverages are expected to comprise only a small percent of the store's shelf-space, it is nevertheless necessary in order to provide CVS/phannacy customers with a complete range of convenient products. CVS/pharmacy is committed to taking all feasible steps to address any potential concerns from An affiliate of the Armstrong Group of Companies law enforcement about the site, especially with regard to the sale of alcoholic beverages. For instance, CVS/pharmacy has an extensive employee-training program and is a responsible retailer of all types of goods including alcoholic beverages. CVS/pharmacy facilities are designed to provide a safe environment for patrons and employees. To that end, the following design elements are incorporated into the security plan: adequate lighting levels, employee supervision of the facility, and closed circuit video monitoring system with cameras located strategically throughout the property. As part of the commitment to the safety of the community, CVS/pharmacy will voluntarily agree to the following stipulations that are often required for authorization to obtain a series 21 license: 1. A closed circuit video monitoring system shall be installed with colored digital video cameras mounted in the interior and exterior of the premises in such a position as to be visible to patrons yet not accessible by reach. 2. A notice shall be placed therein that California state law prohibits the sale of alcoholic beverages to persons who are under the age of twenty-one (21) years and no such sales will be made. 3. Post and maintain a professional quality sign stating "No loitering is allowed on or in front of these premises." 4. The possession of alcoholic beverages in open containers or the consumption of alcoholic beverages will be prohibited on the premises or any adjacent property under. the control of CVS/pharmacy. CVS/pharmacy will post and maintain a professional quality sign stating "No open alcoholic beverage containers are allowed on these premises." 5. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. 6. CVS/pharmacy will adhere to any applicable Business and Professions Codes. CVS/pharmacy recognizes the seriousness of loitering, delinquency, crime and underage drinking. Therefore, through over 40 years of experience, CVS/pharmacy has developed stringent operational standards and training programs to teach techniques for the lawful selling of alcoholic beverages. CVS/pharmacy will require all employees selling alcoholic beverages to complete its training program and execute a semi-annual acknowledgement of its alcohol sales policies. In addition CVS/pharmacy is open to operating conditions that the Town of Tiburon considers necessary to ameliorate significant concerns that may exist. As mentioned above, the proposed CVS/pharmacy building will also include drive-through facilities for prescription pharmaceuticals drop-off and pick-up only. The purpose of the drive- through is to offer a convenient service for all customers including those who are sick, injured, or the elderly that may be hindered by an ailment that discourages their from entering the store. Turing peak hours of business, the typical CVS/pharmacy drive-through window services five to seven customers an hour. The proposed site plan layout includes sufficient stacking for the two drive-through lanes which are isolated from the project's primary parking area in order to avoid any potential conflicts between customers utilizing the drive-through and other motorists or pedestrians. Initially the CVS/pharmacy will operate approximately from the hours of 7 a.m. to 10 p.m., seven days week; however, if the demand of the neighborhood warrants 24 hour operations I CVS/pharmacy would like the ability to remain open as a service to the community. The typical CVS/pharmacy generally has between 25-30 employees on payroll. The typical number of employees staffed at a given time throughout the day may be between 4-12 depending on time of day, year and other factors. Most part-time employees will work between 20-25 hours per week and most full-time employees will work approximately 40 hours per week. CVS/pharmacy will receive regular weekly deliveries, typically loading and unloading from a w13-50 type delivery truck. There may be as many as three of these trucks arriving at different days and times throughout the week to unload product for the store. Every effort is made to schedule deliveries during non-peak hours of operation in order to avoid conflicts with parked motorists and surrounding traffic conditions. In addition to the everyday services that were previously mentioned that CVS/pharmacy will provide, this location may host a seasonal or annual flu clinic for the benefit of the local consumers, which may include an in-store display or sign to notify consumers of the date and time. If held, this activity would be inside the store. Besides the seasonal clinic, many CVS/pharmacy facilities also include a wellness center. This center, known as a "Minute Clinic", is staffed by a registered nurse practitioner who can diagnose and prescribe pharmaceuticals for minor ailments. No hazardous materials or waste will be produced during the construction of this project or during the nonnal operation of the CVS/pharmacy. ADPI believes that a retailer such as CVS/pharmacy would be a welcome use to this area and the redevelopment project will be an added benefit to the entire community. Should Staff have any questions or concerns regarding,this application, please do not hesitate to contact Armstrong Development Properties, Inc. at any time. Sincerely, Josh Eisenhut Armstrong Development Properties, Inc. icisenhu.t@agoc.com