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06/01/1998CITY COMMISSION WORK SESSION CITY OF CLEARWATER June 1, 1998 Present: Rita Garvey Mayor/Commissioner Ed Hooper Vice-Mayor/Commissioner J. B. Johnson Commissioner Robert Clark Commissioner Karen Seel Commissioner (arrived 9:03 a.m.) Michael J. Roberto City Manager Richard L. Hedrick Deputy City Manager Bob Keller Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Brenda Moses Board Reporter The meeting was called to order at 9:00 a.m. at City Hall. PRESENTATIONS Downtown Pond Status (WSO) Public Works Administrator Rich Baier gave a status report on the downtown pond. He reviewed the project benefits, identified existing flooding problems, proposed 3 design alternatives, and explained how the project facilitates the Brownfields initiatives and increases the City’s competitive edge. The present pond is 1.8 acres, has inadequate storage volume for runoff, has frequent and periodic flooding problems, is unsightly, and smells badly. The pond will be expanded to the north to a total of just over 4 acres. Total acreage required is 4.5 acres. Plans are to add more green space to the area surrounding the pond for a more aesthetically pleasing environment. In response to a question, he said the pond can be expanded in the future. Treatment of stormwater will remove many of the nutrients before the water goes out into Clearwater Bay. He said if the City decides not to pursue expansion of the current pond, it must accept the current level of service and pursue other development incentive strategies. Mr. Baier will supply the Commission with storage and volume capacity of the expanded pond. In response to questions regarding Option #2, he said the berm will be more of a land slope, not a concrete berm seen from the street. The City Manager said plans are to incorporate the pond into an urban park type setting, with the possibility of tying it into other nearby developments. Assistant City Manager Bob Keller said by permitting private land owners to utilize the new downtown pond, it will cost them 25% less than providing retention on their own land. The City will cover permits and maintenance. In response to a question, he said private land owners may not be expected to pay for pipes to connect to the pond . The City plans to use as much information as possible from the study done by Real Estate Research consultants last year. Firm figures were requested regarding costs of buying into the use of the pond. Mr. Baier will supply the Commission with the assessed value of the property being purchased to expand the pond. Deputy City Manager Rick Hedrick said $1.5 million of Penny for Pinellas funds, $500,000 from the private sector, and adjustments from stormwater fees and grants will comprise the $10 million estimated cost for the pond. The estimate includes costs for the remainder of the design, acquisition of property, Brownfields clean-up, and sidewalks. It does not include structures. It was requested staff check with SWFMD (Southwest Florida Water Management District) and SWIM for additional funding. Mr. Baier said SWIM and SURF, water improvement grants, and a Preservation 2000 grant for $800,000 are anticipated. The Mayor said the public needs to be aware this proposed pond is a huge downsize from the previous proposal in 1995 of 36 acres. In response to a question, Mr. Baier said this pond will address all water retention issues should other businesses come into the downtown area. He said anticipated costs for the first phase of the pond design is $100,000. He noted this does not address problems with some of the property owners that have a finished floor and parking elevation that is lower than the street. Consensus was to go forward with the project. Mr. Baier said he will bring the project back to the Commission for approval. Mr. Keller acknowledged Dan Mayer and Miles Ballog for their efforts on this project. PUR PURCHASING Mueller Distribution Contractors, installation of polyethylene gas mains & service lines throughout gas system, extension, 6/30/98-9/30/98 (GAS) Cushion Deck International, purchase & installation of cushion deck safety play surface at Cherry Harris Park, $43,505.25 (SW) Ross Systems, Inc., financial system software licenses & maintenance, 6/30/98-6/29/99, $53,000 (IM) In response to a question, Purchasing Manager George McKibben said total costs for the contract with Mueller Distribution Contractors for installation of polyethylene gas mains and service lines throughout the gas system is $478,000. This is a request for a 3-month extension. Commissioner Clark said the correct name of the company under Item #2 is Cushion Deck International of Clearwater. In response to a question, Mr. McKibben said this request is for the purchase and installation of cushion deck safety play surface constructed of recycled tires at Cherry Harris Park. Regarding Ross Systems, Inc., the City Manager said the most recent set of programs run for the financial system software licenses and maintenance for the contract period June 30, 1998, through June 29, 1999, is not as accurate as desired. Ross continues to assure the City problems will be fixed. The issue must be resolved in July, 1998. The Commission will be updated on Ross’ progress. The City Attorney is researching legal remedies to the problem. TR TOURISM Approve recommendations for Special Events Grants Funding pilot program, granting total of $50,000 to 8 Clearwater non-profit organizations for new or expanded special events At the request of the Commission, a Special Events Grant Funding pilot program was developed to assist Clearwater non-profit organizations in creating new, or expanding existing, special events. The pilot program provides a total of $50,000 for eligible applicants in variable increments with a maximum of $10,000 per event. Funds are to be awarded on a matching basis of 2 City to 1 Applicant, of which 50% of the applicant’s match must be in cash. If City services are requested, such services are included in the request for grant funding. Funds are for events between June 15, 1998, and September 30, 1999. Sixty-six (66) applications were distributed to those that attended the pre-grant workshop or to those that requested an application by mail as a result of newspaper notices. Of the 12 qualifying applications that were received, eight are recommended for funding. Funding is available in the General Fund Non-Departmental program for this purpose. In response to questions, Director of Tourism Jean Sherry said the Military Order of the World Wars award was reduced from $10,000 to $5,000 in order for the City to be able to fund several other projects. Although The Florida Orchestra, Inc. has had a concert in the park earlier this year, this event includes fireworks. The Sunsets at Pier 60 Society, Inc. funding is receiving $8,000 in addition to the $10,000 previously awarded. Sunsets at Pier 60 is held every night. The City will fund Saturday nights. The City Manager said the purpose of this funding is to help various organization expand in order to stand alone as they grow in the future. The goal is to sponsor special events versus ongoing programming, without discouraging ongoing events that are very successful. It was remarked that funds are not intended be used for grounds improvements to applicants. In response to a question, Ms. Sherry said 12 of 66 applications distributed were received because some applicants were not qualified, some did not have the organizational staff to complete the application, and some had no organized plan to bring the funding request forward. It was suggested streamlining the application process and arranging partnerships with various nonprofit organizations to assist one another in obtaining funding. Organizations must provide proof of commitment or have matching funds available at the time of application. PW PUBLIC WORKS Contract to purchase real property commonly known as “Atrium Apartments”, 1707 N. Ft. Harrison Ave., Lesley’s Sub., part of Lots 8 & 9 lying east of Ft. Harrison Ave. extended, from Proactive Enterprises, Inc., $370,000; pay est. $21,500 for environmental audits, $2,900 for boundary survey & closing costs, demolition expenses, excluding remediation of friable asbestos containing materials, est. $56,085, including 10% allowed for contingencies; minimum park development costs est. $38,785 exclusive of certain labor costs, for TOTAL acquisition costs est. $489,270 plus certain costs presently undetermined The “Atrium Apartments” were constructed in 1927 at the apex of North Fort Harrison and Myrtle Avenue. This aging structure dominates the Alternate US 19 northerly entry into Clearwater. Further impetus for this purchase comes form areas residents and the Old Clearwater Bay Neighborhood strongly supporting “One City. One Future.” goals to beautify entryways into Clearwater. Among other conditions of the purchase, Seller is required to deliver the property at closely completely vacated of any tenancies. At this time, the extent of difficulties associated with pre-existing site conditions cannot be made without performing a Phase I and limited Phase II audit of the property at a cost not to exceed $21,500. The City will have 60 days following acceptance in which to conduct this investigation and may withdraw from the contract if investigations reveal conditions unsatisfactory to the City If it is determined the structure should be demolished following its purchase, a demolition contractor has estimated the cost at approximately $56,085, including a 10% contingency allowance, and subject to determination of the extent and types of asbestos present in the building, which may increase demolition costs by an amount unknown without completing an asbestos audit. Preliminary plans to create an attractive passive park on the leveled site have been estimated at approximately $38,785, exclusive of certain labor costs, which would be competitively bid. The park would provide an attractive entry into Clearwater, as well as serving to partially satisfy a stated Comprehensive Plan objective for one acre of park land in this planning district. City Charter Section 2.01 (d) (4) (ix) requires 1 appraisal be performed for a property purchase exceeding $250,000 but less than $500,000 in value. This property was previously appraised for the City on January 3, 1996. The value was determined to be $300,000 at that time. It is believed that valuation remains approximately relevant. In addition to this purchase furthering “One City. One Future” goals, it will also replace a neighborhood feature perceived to be inimical to public safety and welfare with one which will be a major enhancement. Funding in the amount of $416,000 will be provided from the undesignated retained earnings of the Special Development Fund. The balance of $73,270 will be provided by a transfer of infrastructure funds from project 315-93316, Bayfront Park Renovations. Mid-year budget amendments will address these amendments and establish a project for this purchase. The City Manager said this property is at the northern entrance to the community. Plans are to replace the structure with a passive park. In response to a question, Mr. Baier said a stipulation can be put in the contract the purchase is contingent on the environmental report being favorable. In response to a question, the City Manager said the property was not for sale at the time the City approached the owner. Staff and the owner have negotiated on the purchase price. The system is geared toward protecting the property owner. In response to a question, Mr. Baier said a cursory audit has been done regarding asbestos. On the surface it appears there is not an inordinate amount on the site. After demolition of the structure, the Parks and Recreation Department will install an irrigation system and provide other necessary services on the site for a passive park. Cost estimates for these services have not been completed. It was questioned if the property is currently to code. Mr. Baier said code violations have been corrected for the most part. The owner has a responsibility to clean up the site until the sale is transacted. A comment was made once the City demolishes the property, it may not be as lush and green as the public would like. It was remarked that purchasing and cleaning this parcel of land will only improve one portion of the area. In response to a question, Mr. Baier said he will supply information regarding the source of the Special Development Fund and the balance of the fund. The City is not using the Major Intersection Improvement Fund for this project because of the current balance of retained earnings in the fund. He said since December 1, 1996, 527 Police Department service calls were received regarding problems at this site. In response to a question, the City Attorney said when the City buys and sells property, it is a matter of negotiation as to who performs site clean-up. In response to a question, Mr. Baier said capping storage tanks to reduce soil contamination helps control rain surcharge that can cause contamination to migrate. Public Hearing - Declare surplus for purpose of granting an exclusive and perpetual ingress/egress easement to Information Management Resources, Inc., its successors & assigns, all of Lots 9, 10 & 11 of Revised Map of The Original Lot 5, R. H. Padgett’s Sub., subject to approval & execution of a development agreement regarding real property commonly known as the “Annex Site” between the CRA and IMR (Information Management Resources), and conveyance of real property interests as stipulated therein, reserving to the City the remainder fee interests, including, but not limited to, all rights necessary for the construction & maintenance of public utility facilities within the full easement width It is anticipated the development agreement being formalized between the CRA and IMR will contain a provision that the subject property be made available to IMR for ingress/egress purposes from the southerly boundary of the “Annex Site” to the public right-of-way of Gould Street. A stormwater retention plan already approved by the parties, and now in the permitting process, provides for installation of a reinforced concrete stormwater pipe extending from the “Annex Site” through the center of the proposed easement to a pond to be constructed on the south side of Gould Street. The City reserves all other property rights not inconsistent with the ingress/egress easement being granted to IMR. These rights will allow for construction and future maintenance of all public utilities as may be necessary for development of the “Annex Site”. This exclusive ingress/egress easement is granted for the purpose of facilitating planned development of the site and is specifically not for dedication of the premises as public right-of-way. The easement rights to be granted shall become effective concurrently with the conveyance by the CRA of real property interests to IMR, and only upon such conveyances. In response to questions, Mr. Baier said the City will build a pond on Gould Street and pay for the stormwater pipe. Should the City decide not to build the pond, IMR will construct a temporary pond facility to accommodate their stormwater runoff. Because the City does not own the adjacent property, a permanent easement makes good sense. The City Attorney said the easement is contingent upon IMR purchasing the “Annex Site”. The meeting recessed from 10:36 to 10:49 a.m. C.O.#2 to Island Estates Reclaimed Water Transmission and Distribution System, Contract No. 1, Kimmins Contracting Corp., decreasing contract by $274,449.16 for new total of $3,377,165.86; C.O.#1 to Island Estates Reclaimed Water System, Pumping Station and Storage Tank, Contract No. 2, Wharton-Smith Inc., increasing contract by $87,049 for new total of $2,499,049; and approve time extension of 34 calendar days (Consent) Contract No. 1, (97-10) Change Order No. 2, Island Estates Reclaimed Water Transmission and Distribution System has been prepared to reduce portions of the contract items to reflect the actual quantities used to complete the project. Construct No. 2 (97-15), to construct the Island Estates Reclaimed Water Storage Tank and Pumping Stations was awarded to Wharton-Smith, Inc. on April 17, 1997, by the City Commission for a total contract price of $2,412,000. A Change Order is necessary to advance the construction process. A brief description of the Change Order Work is detailed on the following page. The Landscaping work is being deleted from the Contract and will be performed by the City Parks Department. The revised Substantial Completion date for Contract No. 2 will be June 26, 1998, with a total completion date of August 30, 1998. Construction cost summary: 1) Contract No. 1 (97-10): original bid amount - $3,658,295; Change Order No. 1 - ($6,679.98); Change Order No. 2 - ($274,449.16); revised contract amount - $3,377,165.86; and 2) Contract No. 2 (97-15): original bid amount - $2,412,000; Change Order No. 1 - $87,049; revised contract amount - $2,499,049. A net reduction of combined contract numbers 1 and 2 is ($194,080.14). Contract No. 1 (97-10) Change Order No. 2, provides a decrease in the contract amount due to the balancing of the original bid items and previously approved Change Order No. 1 items to reflect the actual quantities used to complete the project. Contract No. 2 (97-15) Due to the large quantity of debris under the proposed parking areas and the new roadway, the contractor had to remove the debris, install a Mirafi 500X geotextile fabric with an 18” thickness of compacted limerock base in order to stabilize the enter pavement limits at a cost of $56,944. During the relocation of the existing 54” RCP storm sewer around the east side of the new reclaimed water storage tank, the contractor had to treat and remove contaminated soil and unsuitable materials. This cost includes the installation of an air stripping tower, temporary diesel generator, and importing clean fill materials at a cost of $79,428. During the construction of the 30” ductile iron pipeline that passes through the new screen wall, the contractor had to purchase and install a 36” galvanized steel sleeve at a cost of $677. A time extension of 34 calendar days is required for the additional work added by the Change Order No. 1. The revised substantial completion date is June 26, 1998, and the total completion date is August 30, 1998. The City has decided to complete the landscaping at the site. This includes preparation of the landscaping areas, all landscaping materials, including tress, shrubs, mulch beds, aluminum edging, weed barrier fabric, sod, and seed, including sand grown sod in the stormwater retention pond. Credit and/or decrease to the City is ($50,000). Capital Improvements Project 97-10 and 97-15, IS 120795, Island Estates reclaimed water transmission and distribution, and the storage tank and pump stations have available funding for the decreased amount of ($187,400.16). In response to a question, Mr. Baier said the Parks and Recreation Department felt it best to install landscaping since they will be maintaining the property. Purchasing the materials without paying sales tax will provide additional funds for additional landscaping plants. There are dollars in other areas of the project to provide for additional landscaping materials if needed. In response to a question, Mr. Baier said it is difficult for the contractor to know what type of debris, if any, is under the pavement, prompting the Change Order. Generally, it is the responsibility of the owner to provide information regarding underground materials. He feels the City has an excellent policy in place to accept bids according to known factors, then addressing unexpected issues as they arise. Approve Consultant Selection Committee’s recommendation to retain Camp Dresser & McKee, Inc., King Engineering Associates, Inc., Parsons Engineering Science, Inc., Tampa Bay Engineering, Inc., and Wade Trim, Inc., as additional City Engineers of Record The City currently has one Engineer of Record, Post Buckley Schuh & Jernigan, Inc. This contract extends until May, 2000. Due to the diversity of anticipated upcoming project types requires to implement One City. One Future., staff determined that an additional Engineer(s) of Record is necessary to make the best expertise and talent available for City use. Typical projects will require architectural, landscape, stormwater, utility, structural, and grant writing areas of expertise, among others. The Selection Committee “short-listed” the five recommended firms, each of which then made oral presentations to the committee. The committee consisted of representatives from the City manger’s office, Public Works Administration, Finance, and Park and Recreation. Rating factors included the approach to project services, staffing plan, sub-consultants, quality assurance, and prior experience. the Ranking was as follows: 1) Tampa Bay Engineering; 2) Parsons; 3) King Engineering; 4) Wade Trim; and 5) Camp Dresser & McKee. It is the committee’s recommendation, based on the oral presentations, that all five firms be retained as Engineers of Record. Upon the City Commission’s approval of the committee’s recommendation, contracts will be negotiated with each firm and brought forward for Commission approval. Mr. Baier said partnering with firms in Clearwater, allows the City to funnel Penny for Pinellas dollars back into the area. In response to a question, he said Camp Dresser & McKee’s specialty is in the area of environmental and wastewater. This proposal will afford the City a total of six Engineers of Record, with each firm offering their own area of expertise. Of nineteen applicants, only King Engineering is located in Clearwater. Ranking was based on the lowest possible score. CP CENTRAL PERMITTING Public Hearing & First Reading Ords. #6284-98, #6285-98 & #6286-98 - Annexation, MPD Zoning & Land Use Plan Amendment to Residential Medium for property located 1,000 feet east of US19N and north of Allen Creek, Sec. 29-29-16, M&B 22.01 & 22.02 and Sec. 20-29-16, M&B 33.07 (Allen Creek Properties, Inc. / Harbourside Realty Holding Co., A98-16, LUP98-06) This application involves the annexation of 62.11 acres of vacant property which includes 19.57 wetland areas in order to obtain sanitary sewer and water services from the City. Both sewer and water lines are available in front of the property rights-of-way to provide the needed services. Assessed value of the property is $966,900. The applicant proposes to construct 644 apartment units at the subject site after the annexation. The Planning and Zoning Board held a public hearing on this application on May 19, 1998, after which they unanimously endorsed the proposed annexation and zoning atlas amendment to Master Planned development (MPD) and land use plan amendment to Residential Medium. In response to a question, Director of Development Services Lorenzo Aghemo said he will supply the Commission with information regarding the number of units currently permitted under current zoning. He said one of the conditions of the study is that a traffic impact study be done. It is anticipated the development will generate $800,000 in taxes for the City. In response to a question, Mr. Baier said he will verify if property is in a coastal hazardous zone. Res. #98-21 - Requesting the FDOT to convey title of the property located at 1400 Young Avenue, Clearwater, Florida, to the City of Clearwater, or otherwise grant permission to the City to allow placement of additional antennas on the existing tower located on said property City staff desires to allow placement of additional antennas on the City-owned tower located at 1400 Young Avenue, Clearwater. In particular, City staff desires to allow BellSouth Mobility, Inc., to locate antennas on the tower in order in order to avoid construction of a new 120-foot high tower proposed on the north side of Belleair Road, approximately 200 feet west of Highland Avenue. The land upon which the City-owned tower is located is leased from the Florida Department of Transportation (FDOT). Placement of additional antennas on the City-owned tower requires either a lease amendment or conveying title of the property to the City. IN order for the FDOT to consider amending the lease or conveying title of the land, the FDOT requires the City Commissions pass a resolution requesting same. In response to a question, Mr. Aghemo said the City is not paying for the property conveyance. CM ADMINISTRATION Brownfields Advisory Board - 9 appointments Ordinance No. 6204-97 was adopted as required by Florida Statute 376.80(4) to establish the Clearwater Brownfields Advisory Board. The purpose of the board is to improve public participation and receive public comments on: rehabilitation and redevelopment of the Brownfields area, future land use, local employment opportunities, community safety, and environmental justice. Advisory board members must review and provide recommendations to the City Commissions regarding proposed site rehabilitation agreements. The board shall consist of 9 members. Three shall be residents within or adjacent to the Brownfields area, three shall be owners of businesses operating within the proposed area and need not be residents of the City, and three shall be representatives of Federal or State agencies or local governments involved in the Brownfields remediation process within Pinellas County and need not be residents of the City. Economic Development (title) Miles Ballogg said staggered terms of 2, 3, and 4 years are required for these positions. It was noted Deborah Turner requested if other qualified candidates are available, she prefers her name be eliminated for consideration. It was remarked the Commission recognizes many names on the candidate list and that Dr. Noble would bring a unique perspective to this board. CA LEGAL DEPARTMENT Second Reading Ordinances Ord. #6301-98 - Relating to Skateboards, Roller Skates, and In-Line Skates; amending Art. I of Ch. 28, creating Sec. 28.11 to prohibit a person from using skateboards, roller skates, and in-line skates in specified locations The City Attorney said the Parks and Recreation Department has indicated one of the few ways to traverse Clearwater Beach is by skating in parking lots due to the narrowness of streets and sidewalks. They suggested an amendment to this ordinance to eliminate the restriction of skating in parking lots. She suggested allowing skating in parking lots, not in parking garages. The City can post those parking lots where it feels skating activities should be restricted. It was questioned if the City could adopt an ordinance similar to a City of New York ordinance that prohibits the reckless operation of roller skates, in-line skates, and skateboards on public streets. In response to a question, the City Manager said a recommendation regarding a skateboard park will be presented to the Commission at the July meeting. OTHER CITY ATTORNEY ITEMS Discussion - Solicitation on Public Streets Assistant City Attorney Rob Surette said since 1988, the City has had an ordinance that prohibits persons from soliciting donations from the occupant of any motor vehicle being operated on a public street within Clearwater. The ordinance is intended to prevent the impediment to traffic flow that solicitation causes on frequently congested streets, and to eliminate the danger that soliciting creates for solicitors and the occupants of vehicles traveling those streets. A State Statute makes this activity a misdemeanor. Hillsborough and Pinellas Counties also prohibit this activity. Pasco County’s ordinance provides specific criteria be met and an application be submitted. Consensus was this type of activity is too dangerous on public rights-of-way. It was questioned if “car wash” or “work for food” signs are permitted. Mr. Surrette said he will supply the Commission with information regarding those activities not permitted in medians, but that are acceptable on sidewalks. City Manager Verbal Reports The City Manager said he will be unable to attend the June 4 Commission meeting due to a Transforming Local Government Conference. He said the City is addressing how to fund future projects in the City. They will involve public and private partnerships. As each step of redevelopment progresses, it will be more obvious what is reasonable and how the City can accomplish short and long term goals. He requested the Commission’s direction regarding how far, how soon, to progress over the next 10 years in order to meet the public purpose and market viability. Once priorities are determined, cost estimates can be done. At the June 15 Worksession, staff will bring forward Gulf-to-Bay Boulevard redevelopment proposals. The Land Development Code revision is being finalized, master development plans for downtown and the beach are forthcoming, and issues regarding North Greenwood are being addressed. Staff’s goals are to how to attain the City’s Vision and fund it, providing various options regarding each project, while refocusing the organization to provide the information in the format the Commission wants. It was remarked that some people are misinformed that the City has the money to go forward with all these projects. Change takes time. Other Commission Action Commissioner Clark said he will be attending his son’s graduation Thursday and will miss the next Commission meeting. Commissioner Hooper said the new mast arms and street signs at Sunset Point Road and Highland and Greenlee and Highland Avenues are impressive. Commissioner Hooper said today is day 1 of hurricane season. He encouraged everyone to take the time to prepare now. Mayor Garvey said the Tampa Tribune published an article stating many mobile homes are unsafe. She suggested a public campaign to encourage mobile home safety. Commissioner Johnson questioned when the ordinance to settle the Eller billboard case will come forward. The City Attorney said it will be presented at the meeting in July. Commissioner Johnson asked everyone to consider the ordinance very seriously before passage. He has counted 36 signs with 18 supports on Gulf-to-Bay Boulevard, 9 of which are Eller’s. In response to a question, the City Attorney said removal of those signs is pending resolution of the pending litigation. Eller Media has signs that are not on Gulf-to-Bay Boulevard. PSTA has an agreement with Eller Media for transit shelter advertising; the other companies do not. Commissioner Seel reported there will be a FEMA (Florida Emergency Management Agency) workshop on June 8 at 9:30 a.m. in the auditorium of the St. Petersburg Junior College Tarpon Springs Campus. Commissioner Seel requested the construction status of the Sunshine Mall project. Mayor Garvey said Chief Klein has indicated a sobriety checkpoint is scheduled for June 6 from 9:30 p.m. to 3:30 a.m. at the Home Depot Plaza, US19 and Drew Street. Mayor Garvey said children and teens, ages 8 to 18, can learn how they and their families can best prepare for hurricane season by visiting the FEMA for Kids web site at www.fema.gov/kids. Adjourn The meeting adjourned at 11:48 a.m.