HomeMy Public PortalAbout01 16 2020 PC MinutesThe Town of Leesburg in Virginia
Leesburg Planning Commission
Meeting Minutes
January 16, 2020
The Leesburg Planning Commission met on Thursday, January 16, 2020 in Town Hall Council
Chambers, 25 West Market Street, Leesburg, Virginia 20176. Staff members present included
Susan Berry Hill, Scott Parker, Chris Murphy, Rich Klusek, Eric Meske, Renee LaFollette, Jason
Cournoyer, Vanessa Grigsby, Rich Williams, Patrick Moore, Bud Siegel, Terry Yates, Tina
Newton, and Debi Parry.
CALL TO ORDER
The meeting was called to order at 7:00 pm by Chairman Nacy.
Members Present: Chairman Nacy, Commissioners Barnes, Barney (arrived at 7:03 pm)
Faliskie, Lanham, Robinson, and Walker
ADOPTION OF AGENDA
Chairman Nacy amended the agenda to move the Capital Improvements Program presentation
ahead of the Leesburg South Floodplain Alteration/ Reclamation public hearing.
Susan Berry Hill, Director, Planning and Zoning, added Committee Assignments under New
Business.
Motion to adopt the agenda as amended: Commissioner Walker.
Second: Commissioner Lanham
Vote: 6-0-1 (Barney not present for the vote)
APPROVAL OF MINUTES
December 19,12019 Draft Minutes
Motion: Commissioner Walker
Second: Commissioner Lanham
Vote: 6-0-1 (Barney not present for the vote)
January 2, 2020 Draft Minutes
Motion: Commissioner Walker
Second: Commissioner Lanham
Vote: 6-0-1 (Barney not present for the vote)
DISCLOSURE OF MEETINGS
None
CHAIRMAN'S STATEMENT
Chainiian Nacy thanked Commissioner Lanham for his service on the Planning Commission,
noting that he will be missed.
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PETITIONERS
None
PUBLIC HEARING
TLSE-2019-0004 Leesburg South Floodplain Alteration/Reclamation, Chris Murphy, Sr.
Planning Project Manager
Chairman Nacy opened the public hearing at 7:33 and invited staff to make their presentation.
Mr. Murphy explained that this was a Special Exception request by Washington, Virginia
Traditional Development Sites, Inc. to alter the boundaries of Major Floodplain on the property
situated in the northeast quadrant of the intersection of South King Street and Evergreen Mill
road in order to reclaim 9.6 acres as useable land.
Mr. Murphy gave an overview of the subject property which is located in the Town Plan's
Southwest Planning Policy Area noting that it is comprised of five parcels having a cumulative
area of 46.89 acres with 24.7 acres designated as Major Floodplain. The property is currently
undeveloped and used for agricultural purposes. The base zoning is R-1 Single Family
Residential and is partially subjected to the H-2, Creek Valley Buffer, and Floodplain Overlay
Districts. The Leesburg Bypass is located to the north, R-1 (Meadowbrook) to the south, PRC to
the east, and R-E and R-4 to the west.
The proposed Floodplain Alteration will add fill and regrade certain areas on the property. This
grading and fill activity requires Special Exception approval pursuant to TLZO Sec. 7.11.9.D
Floodplain Overlay District Regulations.
In 2017 FEMA revised its Flood Insurance Rate Maps (FIRM). Prior to that revision only 18.9
acres were designated as floodplain on the property. The floodplain alteration will reclaim 9.6
acres leaving 15.1 acres of floodplain on the property.
Mr. Murphy gave an overview of Town Plan compliance objectives and Special Exception use
standards as they relate to the proposed application.
Findings for Approval were addressed as follows:
• The floodplain alteration/ reclamation is consistent with the goals and objectives of Land
Use Policy type Low Density Residential with the option for Community Commercial
pursuant to Southwest Planning Area Objective 1, found in Chapter 6 of the Town Plan.
• Town Plan Land Use General Objective #1 encourages the preservation of natural
resources so that these resources are incorporated as amenities to development projects.
• The floodplain alteration/reclamation complies with applicable regulations of the R-1
Single -Family Residential Zoning District provided in TLZO Sec. 5.2.
• The proposal would serve the public necessity, convenience, general welfare and good
zoning practice.
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Matt Lawrence, Pennoni Associates, the Applicant's representative, noted that they had been
working with staff since 2016 in an effort to understand and mitigate the impacts that the FEMA
re -mapping would have on this property. Limits of the existing floodplain were established using
a model from an approved FEMA application for adjacent development. In analyzing the
existing model, the outer limits of the floodplain were found to be a result of a backwater
condition. Backwater is an area of stagnant water generally created by restriction in downstream
flow. In this case the restriction of downward flow is the culvert under the Leesburg Bypass.
Because the areas of backwater are stagnant they do not assist in conveyance of the floodplain
through the culvert. Filling the backwater areas will not increase water depth or velocity and do
not impact upstream or downstream properties. Additionally, this application does not impact
wetlands or the Creek Valley Buffer as the fill is no closer than approximately 220 feet from the
stream. The Applicant acknowledges that all future development, will need to meet all land
development regulations, Zoning Ordinance and DCSM requirements.
Public Comment
Jenny Wolfe, 222 Alpine Drive, SE, Leesburg, VA 20175, came forward and expressed concerns
regarding alterations to the typography of the land. She listed the benefits of existing floodplain
regulations to protect Tuscarora Creek. She asked that the Planning Commission deny this
application.
Stephanie Sams, Evergreen Meadows resident, came forward and expressed concerns regarding
recent rain storms causing flooding in the neighborhood and felt that this floodplain alteration
would add to this. She too was not is support of this application.
Planning Commission Questions
What can be built there now?
Mr. Murphy replied that it was zoned R-1 so one home per acre on area that is not in the
floodplain. Since it is not permissible to build on floodplain it would be less than 20 houses.
The Town Plan has a designation of Low Density Residential or Community Commercial.
Community Commercial would require a rezoning.
Would FEMA give insurance to homes built in the fill areas?
Mr. Murphy explained that FEMA would have to do a conditional letter of map revision as part
of site plan approval. This application has nothing to do with developing this property.
Is there a reason to reclaim land if you are not going to develop it?
Mr. Murphy replied that ultimately the Applicant would like to develop it but that is not part of
this application.
Why did FEMA extend the floodplain?
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Eric Meske, Sr. Project Manager/Section Chief, Department of Plan Review, explained that as a
part of the re -mapping in 2017, FEMA also updated the flows which took into account the
additional development that has occurred since the original FEMA maps. Also they used more
accurate modeling techniques.
Why are we reviewing this application before we have a letter from FEMA?
Mr. Meske explained that this is the process required by our regulations and zoning ordinance.
Permission from the legislative body must be granted before they can approach FEMA. Staff has
looked at their engineering calculations and is comfortable that there is no rise.
Mr. Murphy clarified that should this application be approved, the Applicant would still need
approval from FEMA before moving forward.
What about flooding in other areas nearby?
Mr. Meske explained that this is in an area of backwater which does not affect flow. It can be
filled in and not affect the 100 year floodplain elevation.
Mr. Murphy also explained that this application would not take away wetlands, but rather
preserve them.
Mr. Meske added that from a FEMA perspective they could probably fill that in and show that
they would not impact the floodplain elevation; however, the Applicant chose not to disturb
those wetlands.
Has the Town always required special exception approval to fill in the floodplain?
Mr. Meske replied that it did not. This came about as part of the 2017 Zoning Ordinance
regulatory changes that now require a special exception to fill in the floodplain and this is the
first application coming forward.
Mr. Murphy clarified that the Town enacted a new floodplain overlay district with these new
regulations for various activities in the floodplains. This was established for permitted and
special exception uses within those floodplain areas.
The two members of the public that spoke expressed concerns regarding neighborhood flooding.
Will this impact the Evergreen Meadow community?
Mr. Meske replied that it should not. The Applicant has to show, at the time of site plan, that
they meet all outfall requirements in the DCSM. There are also additional overland relief criteria
requirements that must be met.
Will they ever be able to build in the remaining 15 acres?
Mr. Murphy explained that they would not because it is floodplain.
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Could the Town be at risk if this application were to be approved and the land gets developed
and then there is a big rain and it floods?
Mr. Murphy explained that it would not as the Town would have followed all regulations and
would have all the information that it is not located in the 100 year flood plain.
Does the Town have to endorse the floodplain alteration study?
Mr. Meske responded that it did. He is a certified Floodplain Manager and would need to sign a
certification that we all agree that this is correct to the best of our knowledge. Our jurisdiction
goes through more detail than most and we have a great relationship with FEMA because of this.
Chairman Nacy closed the public hearing at 8:20 pm and called for Planning Commission
discussion.
Do the Virginia DEQ and the Core of Engineers review requests for filling in the floodplain?
Mr. Meske explained that the Core of Engineers would be involved with the wetlands portion.
The Applicant will still need to comply with all DEQ regulations with regards to stormwater
management, water quality, and water quantity regulations. Staff will review for compliance on
behalf of DEQ. They will have to fill with quality material.
Concerns were expressed over the potential for flooding.
Commissioner Robinson moved that Special Exception Application TLSE-2019-0004, Leesburg
South Floodplain Alteration/Reclamation, be forwarded to the Town Council with a
recommendation of denial on the basis that the Approval Criteria of Zoning Ordinance Section
3.4.12 have not been satisfied due to the fact that the applicant did not provide enough
information to assure that the floodplain was not needed to manage flooding.
Commissioner Barnes seconded the motion and the motion carried by a vote of
4-3 (Aye: Barnes, Barney, Nacy, and Robinson; Nay: Faliskie, Lanham, and Walker)
SUBDIVISION AND LAND DEVELOPMENT
None
ZONING
None
COMPREHENSIVE PLANNING
Capital Improvements Program FY 2020 - 2025 Presentation, Renee LaFollette, Director,
Public Works and Capital Projects and Terry Yates, Capital Projects Manager
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Ms. LaFollette noted that Terry Yates, Capital Projects Manager, Bud Siegel, Deputy Director,
Capital Projects and Public Works, and all Directors whose departments are affected by the
Capital Improvements Program (CIP) were in attendance at that meeting.
The presentation focused on the following highlights of the Draft CIP:
Projects Completed in FY 2020
• Downtown Improvements first three phases (Loudoun Street and two sections of King
Street)
• Sycolin Road Widening, Phase IV (Tolbert Lane to the south corporate limits)
• Tuscarora Creek Flood Mitigation and Stream Restoration
• Airport Taxiway and Runway Lighting Rehabilitation
New Projects Added to the FY 2020-2025 Draft CIP
• Parks and Recreation
Ida Lee Tennis Court — Pickle Ball — Junior Tennis Courts
Ida Lee Tennis Court — Seasonal Air Structure
Ida Lee Recreation Center — Indoor Pool Roof Replacement
Washington & Old Dominion Trail Lighting
• Streets
Edwards Ferry Road Sidewalk, Bus Shelter & Bus Route Signage
King Street Improvements (Market Street to Cornwall Street)
Plaza Street Sidewalk
Market Street/King Street Intersection and Alley between 3 & 5 King Street
• Airport
Airport West Side Land Development
Project Budget Changes
Town Shop Expansion +2.3 million
Police Replace/Upgrade CAD/RMS System -1.5 million
Battlefield Trail across the Route 15 Bypass +0.17 million
Evergreen Mill Road Widening +3 million
Enhanced Multi -barrier Treatment Technology +0.65 million
Town wide Waterline Improvements and Repairs +0.4 million
Water Pollution Control Facility (WPCF) Backup Generator +0.4 million
WPCF Chemical Building Addition +2.1 million
WPCF Debris Screen System +2.4 million
WPCF Storage Tanks — Recoating Rehabilitation +2.6 million
Schedule Changes
AV Symington Aquatic Water Play Area — 4 year delay
Battlefield Parkway Trail Across the Route 15 Bypass — 1 year delay
East Market Street & Battlefield Interchange — 2 year delay
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Edwards Ferry Road Sidewalk Improvements — 2 year acceleration
Evergreen Mill Road Improvements- 1 year delay
Morven Park Road Sidewalk —1 year delay
West Market Street — Ayr Street to Morven Park Road Sidewalk —1 year delay
Royal Street SE Drainage Improvements — 4 year acceleration
Enhanced Multi -Barrier Treatment Technology —1 year acceleration
Utility System Storage Facility - 6 month acceleration
WPCF Chemical Building - 2 year acceleration
WPCF Odor Control Improvements —1 year delay
Water Storage Tank Recoating - Carr Tank 11— 1 year acceleration
Water Supply & Wastewater SCADA System Replacement — 1 year acceleration
Water Supply Emergency 11 & 111 Interconnect — 1 year acceleration
FY 2020 Changes — Future Projects Lists
• New Projects
Chesapeake Bay Watershed Implementation Plan (WIP3)
• Deleted From the CIP
E-Citation Implementation
Relocation of Inforimiation Technology Main Equipment Room
• Deleted From Lists (Moved to 6-Year CIP)
Ida Lee Park Tennis Courts — Seasonal Air Structure
Plaza Street Sidewalk
Planning Commission Questions and Discussion
Has Plaza Street been removed from the CIP?
Ms. LaFollette replied that it was moved to the six year active list.
Are we now putting wages into the CIP?
Jason Cournoyer, Management and Budget Officer, explained that the practice still continues to
capitalize project management costs associated with projects. There is a contribution from the
General Fund covering a majority share of the salaries, benefits and operating costs associated
with project management. This information can be found in the Administration section of the
CIP. All the project management allocated to the project is a capitalized cost associated with the
budget. Staff is doing their best at $200,000 increments to cover that but we are about three to
four years away from fully covering with current tax revenue. Some of the project management
is utilizing other revenue sources. The administration page captures workload programmed into
the CIP. In the out years there are fewer projects programmed. The workload may intensify
once we get closer to the project.
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Ms. LaFollette clarified that wages are included in a CIP as a total cost of the project. In order to
capitalize the entire cost of a project, we look to include the cost of the wages. We have been
working over the past five years to move the salaries and administration costs from being fully
bond funded to being cash funded.
Is all the downtown lighting completed?
Ms. LaFollette replied that it was not. She explained that there were still sections that needed to
be completed. VDOT enhancement funds were funding the project; however, they took those
funds back so this project is not currently funded. We have spent the Town's match through the
design work that has been done to date. We are actively looking for additional funding sources.
In may drop back to the potential future list unless we are successful in getting funding.
Is the County money firm on Veterans Park?
Ms. LaFollette replied that that was staffs understanding as it is approved in the County's CIP.
Mr. Cournoyer clarified that the County will be presenting their budget in the upcoming weeks
and we will know for certain at that time.
It was suggested to defer the Edwards Ferry Road NW side walk improvements due to
courthouse construction concerns.
Ms. LaFollette explained that that was part of staffs concern as well and was addressed when
the recommendation was made to bring this project forward. This section of the sidewalk is not
in an area where there will be turning truck traffic and they are hoping that the majority of the
heavy loads will have been delivered by the time they start in late 2020 or early 2021.
Is there anything about syncing lights at Fort Evans Street and Plaza Street on Market Street?
Ms. LaFollette explained that Council authorized a $25,000 study for that transportation project.
They are looking at the potential of adding turn lanes and doing more with the traffic signals. A
project could be added to the CIP once the results of the study are back.
Is the Tuscarora Floodplain project nearing completion?
Ms. LaFollette replied that Phase 1, which is upstream of the bridge, is scheduled to be
completed in July or August of this year with landscaping being planted in the fall. Work has
begun on Phase 2 with the large stook drain piping. The construction contract was
approximately 5.6 million dollars, it is actually two projects being built as one. It had to remain
as two separate projects because of the grant funding the Town received for the stream
restoration portion of the project.
Will the Water Booster Pump Station at Loudoun Water Interconnect Project fix the long
standing problem of getting water between the Town and the County?
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Patrick Moore, Deputy Director, Utilities, explained that the pump station is an emergency
interconnect. The plan for the Utilities department is to try to find emergency reserves. There
are actually two interconnects in this plan. This is the first of the two that would be enhanced.
The sites are in the very early planning phase as staff works with the County on how to connect.
Will there be a pumping station associated with the Water Supply Emergency II and III
Interconnect project?
Mr. Moore replied that he does not think there was a plan for a pumping station with this
interconnect. Loudoun Water just finished construction on their Trap Rock facility located south
of Goose Creek. This project is in the preliminary stages and they have not sited the location
yet.
What is the status of the Police Station Expansion Project?
Ms. Lafollette explained that we are still in the programming phase. The Police staff interviews
have been completed and they are beginning to layout different areas and how they work
together to design the building layouts and foot prints. The project is moving along at the pace
that staff anticipated.
Is it funded?
Ms. LaFollette explained that the amount shown in the CIP is what had been approved by
Council last year and that is the budget that they are building too.
Chairman Nacy confirmed that the Commission will be expected to take action at the public
hearing on February 6, 2019.
Update — Briefing on Market Analysis and Public Input, Scott Parker, Sr. Planning Project
Manager and Rich Klusek, Senior Planner
Mr. Klusek explained that there would be a lot of information presented to the Commission in an
effort to prepare them for the January 27, 2020 joint work session with Town Council.
The emerging themes will aid the consultant in developing the guiding principles that came
about based on public input as well as some of the data that has been reviewed thus far.
Mr. Klusek gave an overview of market conditions noting that the demand for a variety of uses is
outpacing supply. There is a significant amount of demand for residential, office, flex industrial,
and retail uses.
Mr. Parker discussed community input noting that this has been at the forefront of this effort
since day one. Mr. Parker gave an overview of this process which started in July. There have
been multiple venues and opportunities for public input provided and as of the November
Charrette, there have been 5,606 "touch points". Touch Points are a combination of all these
numbers from all the different venues including door to door interviews, pop-up interviews, and
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Facebook comments. Outreach consisted of stakeholder interviews, project focus group
meetings. On the Table, web views, community idea exchange, online surveys, design charrette,
Facebook live, Facebook comments, Pop-up interviews, and door to door interviews. This
number is anticipated to go much higher as we move forward through the process. Mr. Parker
summarized what we heard as follows.
What's Great About
Leesburg
Concerns
What's Needed in Leesburg
Vibrant Downtown
Traffic
Performing Arts Center
Town Character
Loss of Small Town Charm
More Transit Options
Small Town Charm
Loss of Character
Affordable Housing
Walkability
Loss of Open Space
Increased Walkability
(Outside Downtown)
Mom & Pop Stores
Too Many People
Parking Solution Downtown
Open Space
Housing No Longer
Affordable
Increased Tree Canopy
Feeling of Community
Long Time Residents Being
"Pushed Out"
More Bike Lanes and Bike
Safety
Community Events (First
Friday, etc.)
Young People Can't Afford
to Live Here
Being Distinguishable
Historic Character
Service workers like Teachers
Can't Afford to Live Here
Address Noise Ordinance
Access to Parks
Rents are Too High
More Focus on the Arts
Diverse Community
Mr. Klusek gave an overview of emerging themes as follows:
Dollars and Sense — Business and the Economy
• Take advantage of Leesburg's enviable strong market where, for many, demand is
outpacing supply. Harness this potential growth in a manner that enhances residential
quality of life, reinforces a unique brand for the Town, and creates a strong and
sustainable local economy.
Moving Around Town — Transportation and Mobility
• Provide a safe, reliable, and efficient transportation system that promotes and enhances
mobility and connectivity between neighborhoods and destinations through a multi -
modal network of complete and walkable streets, sidewalks, and trails for transit riders,
pedestrians, and cyclists.
All Things Green — Parks, Open Spaces, Greenways, and Natural Resources
• Preserve, conserve, and enhance Leesburg's natural resources, parks, and streetscapes,
(public realm) to support the health and well-being of the community and environment.
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Just Big Enough — Changing the Town's Trajectory
• Balance the need to preserve Leesburg's existing character and authenticity with
accommodating expected growth and allowing for purposeful, quality development in
strategic locations to meet the needs of existing and future residents, businesses, and
visitors. Ensure high quality development that reflects the character of the community
and maintain high quality gateways and corridors to ensure Leesburg remains distinct
from surrounding communities.
Town Character and Authenticity
• Retain and protect the historic core of Leesburg and provide a high -quality brand and
sense of place that stretches throughout the entire community. Continue to distinguish
Leesburg from the surrounding areas.
Places to Live — Enhancing Neighborhoods and Housing Choices
• Protect and enhance the quality and character of existing residential neighborhoods. Seek
opportunities to offer a variety of residential neighborhoods. Seek opportunities to offer
a variety of housing types at a variety of price points that appeal to a wide range of
households and enable residents to live in Leesburg throughout all stages of life. Ensure
that neighborhoods are connected to walkable destinations such as parks, open space,
recreational facilities, and other activity centers.
Mr. Klusek informed the Commission of the next steps beginning with a Work Session with
Town Council on January 27th. The Commission will be receiving a Work Session Workbook
and Background Resource Document in their packet next Thursday. The Work Session will
include an abbreviated background information review, a review of the guiding principles and a
review of some growth scenarios to facilitate discussion. The anticipated outcome of the Work
Session is for Town Plan Update Team to have an understanding of general direction. The
guidance provided at this meeting will lead to preparation of the final document.
Mr. Parker advised the Commission that there will be an additional community work shop in the
spring.
Planning Commission Questions and Comments
As a guiding principle will we be acknowledging that there are some things that can't be
overcome?
Mr. Klusek explained that at the moment we are not trying to solve specific problems, but rather
respond to the overall public sentiment for increased transportation mobility options. Any
specific ideas the Commission members have should be sent to staff to be forwarded to the
Consultant Team.
Was there a preferred size for the preforming arts center? It is important to consider the size and
location.
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January 16, 2020
Mr. Parker said there was not. Most of the comments were general. There was mention of
facilities for operas and ballets.
Susan Berry Hill, Director, Planning and Zoning, noted that there has been a feasibility study
done as to what could be supported in the Leesburg Community, in teuns of a preforming arts
center, and will provide useful information should we choose to go forward in trying to make
this a reality.
There is a need for a couple of bridges or overpasses for pedestrian traffic and safety.
We need to consider open space trends and there needs to be something to do once you get there.
Mr. Klusek noted that the Consultant Team is thinking about dividing the Town into categories.
Areas to preserve, areas to enhance, and areas to transform. The emerging themes and associated
guiding principles do not apply to every part of Town in the same way.
Public Comment
Bob Cusack, 709 Seton Court, Leesburg, came forward and noted that he is a member of the
Focus Group for the Town Plan Update process. He has a Hubzone (Historically Underutilized
Business Zone) certified business. He noted the Hubzone boundares are drawn based on
demographic information including household income. Residents who live in the Hubzone make
70% less that the surrounding areas. He asked that affordable housing be seriously considered
with the Town Plan update. There are now three sections of the Hubzone so it is only getting
larger. He agreed that a strategy is needed for how to approach this.
STAFF AND COMMITTEE REPORTS
None
UPDATE ON CASES AT COUNCIL
None
SRTC REPORT
Chairman Nacy attended the SRTC meeting. Eleven citizens came to speak on various traffic
issues, the largest being from the Country Club subdivision.
BAR REPORT
None
TOWN COUNCIL LIAISON REPORT
None
OLD BUSINESS
None
NEW BUSINESS
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Elections
Chair — Kari Nacy
Vice Chair — David Faliskie
Parliamentarian — Al Barney
2020 Planning Commission Calendar
Ms. Berry Hill asked the Commission to either approve the proposed calendar or to offer an
alternative.
Commissioner Faliskie made a motion to accept the calendar as presented.
Commissioner Robinson seconded the motion and the motion carried by a vote of 7-0.
Committee Assignments
BAR Liaison — Commissioner Robinson
SRTC Liaison — Chairman Nacy
H-2 Work Group Backup — Chairman Nacy
ADJOURNMENT: The meeting was adjourned at 9:43 pm
Ap roved b
B
Karen Cicalese, Commission Clerk
Kari Nacy, Chair
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