HomeMy Public PortalAbout2007_01_08
Council Work Session
January 8, 2007
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Kathryn Sheldon Hammier, Susan Horne, Ken Reid,
Kevin Wright and Mayor Kristen Umstattd
Councilmembers Absent: Marty Martinez absent, Kelly Burk left at 7: 32 p.m.
Staff Present: Town Manager John Wells, Town Attorney Barbara Beach, Assistant
to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy Leidich, Chief
of Police Joe Price, Director of Capital Projects Management Nagi Elsewaissi, Director
of Planning, Zoning and Development Susan Swift, Director of Engineering and Public
Works Tom Mason, Director of Utilities Randy Shoemaker, Director of Finance Norm
Butts, Director of Economic Development Betsy Fields, Airport Director Tim Deike,
Zoning Administrator Brian Boucher, Transportation Engineer Calvin Grow, Planner
Scott Parker, Transportation Planner Jim Chandler, Management Specialist Tami
Watkins and Deputy Clerk of Council Debi Parry.
AGENDA ITEMS
Council Meeting of January 9, 2007
a. Amending and Reordaining the Leesburg Town Code regarding
Boards and Commissions - Public Hearing
Vice Mayor Horne verified this is to increase the compensation of the
citizen volunteers, not Councilmanic representatives.
Council Member Wright verified the Planning Commission liaison would not
receive compensation.
Council Member Reid suggested unifying the ordinances pertaining to
boards and commissions.
Ms. Beach stated the Town awarded a contract to Municode to recodify the
Town Code. She stated this ordinance was written to pay the Commission on
Public Art and to increase the compensation for the Board of Architectural
Review (BAR).
Council Member Reid stated there is a back log of work at the BAR level
and stated he plans to suggest that their meetings become a combination of a
work session and business meeting. He asked that the ordinance indicate
that the BAR hold meetings twice a month.
Mayor Umstattd stated she would like input from the Board of
Architectural Review. Further, she stated we could not discuss that at this
public hearing because it is outside the scope of the advertisement.
b. Oaklawn Rezoning - Public Hearing
Mayor Umstattd verified the applicant would prefer that this item be
deferred to the February 13 meeting.
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c. TL TA 2006-0003, Town Plan Amendment, Crescent District -
Public Hearing
Scott Parker stated this public hearing is to amend the Town Plan to
create a section for Special Districts to include the Crescent District.
Council Member Wright suggested adding language stating "Amendments
to this section would be only those initiated by the Town". He stated this
would prohibit a developer initiated special district from being placed in the
plan.
Mr. Parker stated any developer has the ability to initiate an amendment
to the Town Plan.
Ms. Beach stated that language may be more appropriate for the Zoning
Ordinance than the Town Plan.
Council Member Wright stated the Planning Commission unanimously
recommended approval of this amendment.
Council Member Reid stated in June he expressed concern with the
transportation component of this plan, specifically the north/south movement.
He asked if there was something we could do with the street network at this
point.
Mr. Parker stated the purpose of this public hearing is to formalize the
Crescent District Master Plan by adding it to the Town Plan.
Council Member Reid stated in the Town Plan amendment process he
objected to the requirement that developers ensure intersections maintain a
level of service of "C". He stated that is difficult to maintain in an older
district.
Susan Swift stated staff will reanalyze the requirement once the traffic
model is complete.
d. Amendment to Elderly and Disabled Tax Exemption - Public
Hearing
Mr. Wells stated we will not be able to vote tomorrow evening as changes
have been made and the public hearing will need to be readvertised. He
stated the discount will be retroactive to January 1.
Council Member Hammier stated there has been a lot of legislation
regarding affordable dwelling units, and questioned whether there is an ability
to create incentives for assisted living units.
Council Member Wright asked the cost and operational impact of the Town
taking over administration of this program.
Mr. Wells stated could be provided at the next work session.
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e. Granting the Verizon Communications request for an extension of
the PEG interconnection and authorizing the Town Manager to sign
any and all related documents
Tami Watkins stated this is to request an extension of the public
educational and government access interconnection. She stated the
interconnection will take place at Town Hall and will require the Town to run
conduit to allow Verizon to bring in their equipment.
Council Member Horne verified the new deadline is February 25 to
broadcast Channel 21 on Verizon.
Council Member Hammier asked about additional funding required for
equipment so the Town can do programming.
Ms. Watkins stated that issue will be discussed by the Cable Commission
at their meeting next week. She stated we do have funds for programming.
Council Member Hammier verified the Cable Commission recommended
approval of the extension.
Council Member Wright verified Verizon is required to provide service to all
areas of Town by June 28, 2007.
f. Approving a supplemental appropriation of $10,000 for the
Verizon Franchise agreement PEG access grant
Council Member Wright asked how the $10,000 will be spent.
Ms. Watkins stated those funds will be used to cover the cost for
installation of the Cable equipment in Town Hall and to upgrade the
equipment.
Council Member Reid asked if we can rebroadcast the meetings more
freq uently.
Ms. Watkins stated playback of the meetings was determined by Council.
Council Member Reid asked if there could be expanded camera coverage
of the Planning Commission meetings.
Ms. Watkins stated our franchise agreement provides for Comcast
coverage of Planning Commission meetings and Council meetings.
Council Member Reid asked about the possibility of acquiring equipment to
televise meetings in the basement.
Ms. Watkins stated there are future plans for mobile equipment to be used
to televise meetings outside of the Council Chamber.
g. Authorizing the submission of a matching grant application in the
amount of $500,000 to the Virginia Land Conservation Foundation
to assist in the acquisition of land adjacent to Ida Lee Park
There was no discussion of this item.
Town Council Work Session of Januarv 8, 2007
Page 4
For consideration and discussion:
1. Presentation on 1-1 Zoning District Issues - Patrick Flynn
Patrick Flynn, Flynn Entertainment, LLC, discussed the disconnect he
perceives between the current zoning interpretation process and new business
models. He outlined his business, Pump It Up, and his desire to locate his business
at 73 and 75 Lawson Road, which is zoned 1-1. Further, he stated the nature of his
business requires 10,000 square feet and 20 foot ceilings which can not be found in
shopping center environments.
Vice Mayor Horne thanked Mr. Flynn for his presentation and stated she looks
forward to working with him.
Council Member Hammier verified Mr. Flynn is working with the Town's
economic development staff.
Council Member Wright stated a year ago there was a cheer academy which
was looking for a location and ended up on Miller Drive in an area that was zoned for
industrial use.
Mr. Boucher stated the zoning is different on Miller Drive. He stated this
location on Lawson Road never had a recreation component. He stated the Town did
allow recreation uses in the 1-1; however, that regulation was changed in 2003 to
require uses that were office oriented.
Council Member Reid asked the ramifications of adding a recreational use in
this district.
Mr. Boucher stated the Town has a lot of property on the south side of Route
7 which is zoned 1-1. He stated the hope was that the developers would want to
rezone the property and thus offer proffers to the Town.
Council Member Reid asked what proffers would be required for this use.
Mr. Boucher stated the owner of this property already has an approved site
plan and the building is almost fully constructed. He stated staff met with the
applicant on Friday and stated this would be a unique case as normally when you
apply for a rezoning you don't have an approved site plan and a building. Further,
limited proffers would be required for this use.
Council Member Reid suggested adding this as an accessory use. He stated
the need for the Town to be more flexible in regulations for small businesses.
Council Member Wright expressed the need for caution in changing uses in
the 1-1 as the changes would be made to all properties in this zoning district and
there is the potential for unseen ramifications. He stated he would feel more
comfortable if the building could be rezoned to B-4 and still be successful to
accommodate this individual's need.
Susan Swift stated staff has been working with Mr. Flynn and have suggested
the owner look at a rezoning for that site rather than changing the use for the 1-1.
She stated Betsy Fields has stated her preference for preserving the limited industrial
districts we have.
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Council Member Reid stated the Town residents do not support industrial uses
and the market for this use is moving further west.
Ms. Swift stated the purpose of zoning is to have predictability and changing
uses one at a time is not the best way to proceed.
Barbara Beach stated Council could refer this matter to the Planning
Commission. She stated a rezoning would have to be requested by the land owner
rather than a tenant.
Council Member Hammier stated it would have been helpful to have a
member of the Economic Development Department serve as an advocate for this
business to look at the plan and come forward to Council with recommendations.
Mr. Wells stated staff is working with the applicant and this is an update. He
stated the best course of action is to work with the property owner to determine how
they wish to proceed.
2. Water Rate Surcharge
Mr. Wells stated a letter has been drafted to express Council's decision not to
accept the settlement offer provided by the out-of- Town residents.
Mayor Umstattd expressed her support of the letter.
Vice Mayor Horne stated it may not be appropriate to send this letter at this
time.
Council Member Wright stated he does not support the letter because Council
needs to revisit the rate structure. He stated the Utility Fund is meant to be self
sufficient and since 2002 the fund has lost money from an operating basis which has
been covered by connection fees. Further, he stated rates have not been increased
since 1992; however, availability fees have automatically increased automatically
each year since 1995.
Council Member Wright discussed the Town's obligations should the Utility
Fund default. He stated there is a justification of the surcharge; however, he
questions the surcharge amount. Further, he stated the other thing to consider is
that if the out-of Town residents came into the Town boundaries we would have to
raise rates because they would then be paying the in-Town rate.
Council Member Reid asked if the Council kept the utility rates artificially low
to prevent the need to raise rates by balancing the budget on the backs of new
businesses who pay availability fees.
Mayor Umstattd stated if we had been collecting enough in availability fees to
cover the cost of expansion, which is what they are for, we would not need to raise
the user fees.
Council Member Wright stated there was no request by the Utility
Department to increase rates during that period.
Mr. Wells suggested it may be difficult to discuss this issue further without
going into closed session.
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Council Member Reid suggested establishing a Utility Commission comprised
of both in-Town and out-of- Town residents. Further, he suggested that staff look at
the corresponding tax rate if the Town were to annex those areas to see if it would
be advantageous to those residents.
Ms. Beach stated the closed session is needed to discuss the litigation and the
settlement offered.
3. Possible relocation of Loudoun County Administrative Offices
Betsy Fields stated the County has issued a request for partnership proposals
to address their need for new office space. She stated staff anticipates the County
will vacate 200,000 square feet of office space in the Town and the Harrison Street
building will be converted to other office uses. Further, she outlined four scenarios
for this move and stated staff's recommendation that a task force be established.
Vice Mayor Horne asked if Loudoun County owns the Shenandoah Building.
Ms. Fields confirmed that the County does own the Shenandoah Building,
which consists of 80,000 square feet of office space. Further, she stated the
Harrison Street Building consists of 160,000 square feet of office space.
Mayor Umstattd stated a year ago she copied Ms. Fields, Mr. Wells
and Supervisor Clem on an email to the Chairman of the EDC regarding her
suggestion that the Town conduct a survey of downtown businesses to see
how this move would affect them and verified that survey had not been
completed.
Vice Mayor Horne expressed her concern for the potential harm to the
downtown business community. She stated the Town provided $3 million to
Loudoun County a few years ago to keep them in the downtown. Further, she stated
she is not aware of any analysis by the County regarding what ramifications will
result from this potential relocation.
Council Member Hammier asked the status of the Class A Office Study which
was proffered by KSI. Further, she expressed the need for an overall analysis of the
impact of this move.
Ms. Fields stated staff is recommending that a task force be established to
view the different scenarios and potential impacts. Further, she stated she would
follow up on the delivery of the office study.
Mayor Umstattd stated three Council Members have expressed interest in
serving on the task force.
Mr. Wells stated staff has started an inventory of the types of businesses
downtown. He stated the key will be to identify which functions have the main
impact and lobby for those functions to remain downtown.
Council Member Hammier verified we have the staff resources to conduct the
research and Council should expect a response in 60 to 90 days.
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Council Member Wright asked stated there was an agreement between the
Town and County regarding the building at 1 Harrison Street which required them to
remain in the building through the term of the bond.
Mayor Umstattd stated that date was changed when the County refinanced
the bond.
Council Member Wright stated there was a lease established through Gilcorp
with a $1 purchase option.
Mr. Wells stated Gilcorp went away when the County refinanced the building.
He stated there is an agreement that the County considers void at this time;
however, we would want a statement in writing from the County.
Council Member Wright stated through this process we need to consider if the
Town would benefit from utilization of vacated space at 1 Harrison Street and should
we look at city status in the course of this discussion. Further, he expressed
support for a task force and asked if we should broaden the scope of the survey.
Ms. Fields stated the mailing list will come from the business license
database.
Council Member Reid stated it would be a mistake for the County to move out
of Town as it would make it difficult for their staff and the residents to access their
facilities. He suggested that the task force look at land for a building including the
Crescent District. Further, he stated the RFP was prepared in November and asked
why it has taken this long for staff to respond.
Mr. Wells stated the suggestion of a task force was made recently. He stated
we were not sure that the County was going to move forward until they released the
RFP and we are not behind in this process. Further, he stated our best response is to
focus on the responses that are received in February.
Mayor Umstattd stated the Greenway access will be attractive to the County.
She stated if we are contemplating using tax payer funds to subsidize a location for
the County to keep them in Town, we should consider a location where they have the
room to expand for 30 years.
There was further discussion of this item regarding potential economic
impacts, next steps and the history of the 1 Harrison Street Building and the
expansion needs.
It was the consensus of Council to consider a resolution for tomorrow night to
establish a task force.
4. Crosstrail Follow-up/Joint Planning prep for January AADP Meeting
John Wells stated Council met with Peterson Companies on January 3 and
it was indicated they would respond to the issues raised within ten days. He stated
one of the key suggestions made was acknowledgement of the use of Town water
and sewer for the property, thereby saving approximately $10 million to be put
towards the shortfall in transportation proffers. Further, there was also the
possibility that land will be made for sale, with no specific acreage indicated.
Town Council Work Session of January 8. 2007
Page 8
Vice Mayor Horne stated the importance of communicating with the Loudoun
County Board of Supervisors. She stated Council will not meet again before the
County's Land Use and Transportation Committee meeting on January 25.
Mayor Umstattd stated she would support the approval of a letter tomorrow
evening.
Council Member Hammier stated each Council Member should follow up with
Peterson Companies regarding our specific list of requirements.
Council Member Wright suggested waiting until Council receives a response
from Peterson Companies before sending a letter to the Board of Supervisors.
Council Member Reid concurred with Council Member Wright's comments. He
stated he would like the proffers to indicate that transportation funds can be used for
either Sycolin Road or Battlefield Parkway. Further, he stated the transportation
proffers are inadequate; however, they seem to be moving in the right direction
regarding the airport.
Mayor Umstattd stated in the past Council has received mixed legal advice on
proffers relating to transportation or park projects that were not directly impacted by
the project. She asked if Council can ask that the $10 million be proffered to go to
Sycolin Road or Battlefield Parkway.
Ms. Beach stated all proffers would be provided to the County as the Town is
a party in interest. She stated as long as the transportation project is related to the
development in some way you can see if the applicant is willing to volunteer proffers.
Mayor Umstattd stated she would like to send a letter to the County stating
that the Town is waiting to hear from Peterson Companies and a more formal letter
will be sent once their response has been received.
5. Emergency Shelters Ordinance
Wade Burkholder stated the ordinance has been amended to reflect the
comments and concerns discussed at the public hearing in December.
Vice Mayor Horne stated the ordinance requires that there be no loitering or
smoking on the premises; however, the policy and procedure manual for the
Continuum of Care indicates that smoking is permitted outdoors during designated
times.
Ms. Beach stated there would be no conflict because the Town's Ordinance
would override the procedure manual.
Vice Mayor Horne stated it is not realistic to say that people can not smoke.
Council Member Hammier asked what has happened since the public hearing
in terms of demand for shelters and how those needs were met.
Mr. Wells stated the County has been bussing individuals to the facility in
Lucketts.
Council Member Hammier asked about the timeline for Good Shepherd's
special exception.
Town Council Work Session of Januarv 8. 2007
Page 9
Mr. Burkholder stated staff has not heard from Good Shepherd. He stated
they have been waiting for this process before setting their timeline.
Council Member Hammier stated the public hearing has been held open and
asked how the public will be notified of these amendments.
Ms. Beach stated the public hearing could be readvertised or staff could send
the ordinance to the various organizations such as Good Shepherd.
Council Member Hammier stated she would support advertising these changes
to allow for more public input. Further, she expressed support for the no smoking
regulation.
Council Member Wright stated asked why we would not ask for a traffic study.
Mr. Burkholder stated this will be a by-right use after approval of the special
exception.
Council Member Wright asked what the Town is looking for regarding security
for these sites.
Mr. Burkholder stated the security will be handled by the operating agency.
Council Member Wright questioned the temperature requirements for opening
of these temporary shelters. He stated he would support setting the temperature
threshold between 34 and 40 degrees to ensure this as a temporary use. Further,
he expressed concern with the requirement that patrons be bussed to and from the
shelter as many of these individuals work and will need to get to their cars in the
morning.
There was further discussion regarding a church's desire to open its doors on
a cold night versus the continuation of this use.
Council Member Wright asked Council to consider voting on this item
tomorrow night.
Council Member Reid concurred with Council Member Wright's comments. He
suggested amending the ordinance to state "Any patron arriving without
transportation shall not be allowed to leave the facility until the following morning
unless the center has bus transportation".
Ms. Beach stated it would not be a problem if the facility has transportation;
however, we can not prohibit individuals from leaving a facility.
Vice Mayor Horne stated that is already addressed by the Continuum of Care
manual.
Council Member Wright suggested language to state "Regulations must
ensure that individuals will not linger about once the center is closed".
Mayor Umstattd stated this ordinance is not responsive to the concerns of the
individuals on Harrison Street. She recommended a distance requirement that no
center be established under this ordinance that is closer than 1,000 feet to a home.
Town Council Work Session of Januarv 8. 2007
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Further, she stated if we are regulating smoking outdoors we should also regulate
drinking.
Mayor Umstattd expressed concern that there is no ability for an individual to
appeal to Council. She discussed an instance where Heritage Hall was evacuated in
an emergency situations and their residents were taken to Loudoun Hospital;
however, as that is not a public or government facility that possibility would be
prohibited under this ordinance.
Ms. Swift stated this ordinance is not intended to govern one-time uses, it is
intended to establish regulations for groups who intend to do this on an ongoing
basis. She stated if there was found to be an issue of non-compliance the permit
would not be renewed.
Ms. Swift stated the distance requirement was not included because the
majority of these buildings are located in neighborhoods and a 1,000 foot
requirement would have eliminated almost every site in Town.
Ms. Beach stated the ordinance states the permit can be revoked if there is an
adverse impact on the neighborhood.
Mayor Umstattd stated she would like to see an appeal to Council. She stated
when residents discover they have a homeless shelter next to their home there will
be an outcry equal to or exceeding what Council heard from the residents of Harrison
Street and Andover Court.
Council Member Reid stated the neighbors are concerned about anything they
perceive will hurt property values or harm their children; however, staff has made a
concerted effort to put in significant protections. He stated the weather is getting
cold and he is concerned that people who have lost their home or heat will not have
a place to stay. Further, he stated this is a warming shelter, not a homeless shelter.
6. Battlefield Parkway Update
Susan Shaw, Virginia Department of Transportation (VDOT), stated she has
been working with staff on a design/build project for Battlefield Parkway since
August. She stated a request for qualifications was issued in August, seven builders
responded and the field was narrowed to three. Further, she stated their recent
review of the project showed the cost estimate has increased significantly from
$31.2 million to $43 million.
She stated VDOT looked at various options to reduce the cost as policy
requires that the full funding be in place prior to beginning the project. Option One
would modify the request for proposal (RFP) to reduce the scope by $5 million, which
would leave a deficit of $7.5 million to be covered by debt service or transfer of
funds from other projects.
Council Member Reid asked how the scope would be reduced.
Ms. Shaw stated VDOT would consider removing one of the bridges to allow
one lane in each direction. She stated the $43 million is just an estimate and more
will be known once the bids are received.
Council Member Reid asked why the opening of the bids was cancelled.
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Ms. Shaw stated the next step is to issue the RFP then once the proposals are
received the bids would be opened. She stated Option Two would be to do a fixed
price best value proposal.
Mayor Umstattd stated the Town would like this project back on track as
quickly as possible.
Vice Mayor Horne stated she spoke with Dennis Morrison who stated one
option is for the Town to take the project over. She stated there is a local
partnership program provided by the State which would provide some element of
funding.
Ms. Shaw stated that would be Option Three where the Town would take over
the project with an agreement in place. She stated this is a Federal Project so there
are other requirements that would have to be met.
Vice Mayor Horne stated it is VDOT's job to build roads in Virginia. She stated
her desire to keep this project on schedule as our Bypass handles traffic that exceeds
the volume on Interstate 81.
Mayor Umstattd asked how quickly staff could bring forward a
recommendation as to which approach the Town should follow.
Calvin Grow stated staff can provide a report tomorrow night.
Council Member Hammier stated she spoke with Transportation Secretary
Pierce Homer who stated the same information Vice Mayor Horne received from Mr.
Morrison. Further, she stated he has agreed to meet with Council on February 1.
Council Member Wright asked when VDOT realized there was a problem with
the funding and when Town staff was notified.
Ms. Shaw stated VDOT contacted staff once the estimate was received in late
December.
Mr. Grow stated staff asked VDOT for a breakdown of the funding, which was
received a couple of days ago.
Council Member Wright verified staff is confident of the estimate. He asked
how difficult it would be for the Town to take over considering this is a federal
project.
Nagi Elsewaissi stated he could provide an analysis at the next work session.
Mr. Wells stated Town staff has a number of questions about the information
provided and the implications of moving funds from other projects.
Mayor Umstattd verified if the Town takes over the project VDOT feels it
would still be necessary to transfer funds from the East Market Street and Route 15
Widening projects. Further, she verified if the Town takes over the project VDOT
would provide guidance to staff and would maintain oversight.
Town Council Work Session of January 8, 2007
Page 12
There was further discussion of this item regarding other sources of funding
and the best way to proceed with the project.
For information only:
The Town Council work session of January 22, 2007:
a. ASE/ Airport Commerce Park Proffer and Concept Plan Amendment
There was no discussion of this item.
b. Deleting Davis Avenue from the H-2 Historic Corridor Overlay
District
Council Member Reid asked that this item be deferred until after the BAR's
retreat next month.
c. Lowenbach Easement Acquisition
There was no discussion of this item.
d. Council Rules of Order
There was no discussion of this item.
New Business
Vice Mayor Horne asked that staff provide an update on the civic sign issue
tomorrow night.
Council Member Reid asked if Council will have a resolution for tomorrow
night regarding state transportation funding.
Nicole Ard provided a list of transportation bills that have been introduced to
the General Assembly to date, some of which deal directly with Northern Virginia.
She stated the deadline for submitting bills is the end of the week and suggested
deferring action until staff has had the opportunity to review all of the bills. Further,
she stated one item of interest is Delegate Marshall's recommendation for light rail
on the existing W&OD Trail.
Council Member Reid suggesting sending a letter addressing the light rail
issue.
Closed Session
On a motion by Mayor Umstattd, seconded by Vice Mayor Horne, the
following motion was proposed:
Pursuant to Section 2.2-3711(A)(l), and 2.2-3711(A)(7) of the Code of
Virginia, I move that the Leesburg Town Council convene in a closed meeting
to discuss a personnel matter pertaining to the Town Manager, and to discuss
legal matters pertaining to water and sewer and Dominion Virginia Power.
The motion was approved by the following vote.
Aye: Hammier, Horne, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 5-0-2 (Burk and Martinez)
The Council convened in closed session at 11:08 p.m.
Town Council Work Session of Januarv 8. 2007
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The Council reconvened in open session at 12:24 a.m.
On a motion by Mayor Umstattd, seconded by Council Member Reid, the
following motion was proposed:
In accordance with Section 2.2-3712 of the Code of Virginia, I move that
Council certify that to the best of each member's knowledge, only public
business matters lawfully exempted from open meeting requirements under
the Virginia Freedom of Information Act and such public business matters as
were identified in the motion by which the closed meeting was convened were
heard, discussed or considered in the meeting by Council.
The motion was approved by the following vote:
Aye: Hammier, Horne, Reid, Wright and Martinez
Nay: None
Vote: 5-0-2 (Burk and Martinez)
Adjournment
The meeting adjourned at 12:25 a.m., Tuesday, January 9, 2007.
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