BENNINGTON SELECT BOARD MEETING TUESDAY, MARCH 28, 2000 VERMONT DISTRICT COURT MINUTES BOARD MEMBERS PRESENT: Lodie Colvin-Chair; Howard Sinnott; Salvatore Santarcangelo; Ronal Hall; and Jeff Gauthier. EXCUSED: Sharyn Brush and Patrick Kinney. ALSO PRESENT: Bill Burfeind, Cindy Palmer, Mike McDonough, Bill Colvin, Cinda Morse, Dan Monks, William and Phyllis Morse, Jenny Kimberly, Don Hicks, Hank Moses, Mike Bethel, Larry Senecal, Bob Burgess, Kevan Jones, Lance Mattison, Charles Putney, Shelley Stiles, Jenny Kimberly, John Williams, Carroll Killen, Rachel Schumacher, Kate McQuerry, Frank Alguire, and Robyn Baker. MEDIA PRESENT: Mike von Ouhl Channel 12, Mary Martialay Bennington Banner. At 7:15 P.M., Chairwoman Lodie Colvin called the meeting to order. 1. MINUTES MARCH 8, 2000 Santarcangelo moved and Gauthier seconded the approval of the Minutes of January 25, 2000 as presented. The motion passed with four in favor. Mr. Sinnott abstained. 2. WARRANTS The warrants were circulated for signatures. 3. CITIZENS Cinda Morse presented Downtown Bennington 21st Century Master Plan, a result of the grant application for the downtown planning grant that they were awarded in the spring of 1998. She presented a plaque to the town for their support of the 21st Century Initiative. She reported that they appointed a steering committee to oversee this work, and Howard Sinnott was the Select Board representative, and she also presented him with a plaque. She thanked the Board for their support of downtown. Larry Senecal suggested a change in the hours of operation for the transfer station, as he does not feel that 8 to 1 are sufficient. He feels that it should be open 7 to 3 five days per week, with some hours on Saturday. Colvin noted that they would have to find out the financial impacts. Hurd noted that they contract with Casella and any proposal would cost far and above what they could afford. Hurd noted that the only way to pay for the increase if through the rates. Sinnott noted that it was a conscious decision to make Wednesday a full day. He also noted that the personnel are present by 7. Senecal also noted that the sewer department brings the truck up with the sludge, and dumps residue on the floor. He feels that they could wait until the end of the day to do this, so that the haulers do not all have to be exposed to it. Hall felt that this was a reasonable request, and Hurd agreed. Hurd noted that this material was what was removed from the bar rack. 4. CHARTER ONE BANK RESOLUTION Palmer noted that First Vermont really wanted to get involved when they decided to do business with Charter One. These resolutions authorize them to set up CDs on behalf of the town. All Select Board members signatures are required for First Vermont, and Colvin's was required on the Charter One resolution. Palmer noted that this has fostered competition among the banks. All three banks began to call with rates, today Charter One was 5.95, First Vermont 5.90, and Chittenden 5.85 and 5.80. RESOLUTION TO OPEN AND MAINTAIN DEPOSIT AND CASH MANAGEMENT SERVICES FIRST VERMONT BANK We, the undersigned, hereby certify to First Vermont Bank and Trust Company of Bennington, Vermont that at a meeting of the Town of Bennington on the 28th day of March, 2000, at which a quorum was present, the following resolutions were duly adopted and that they are in conformity with the rules and by-laws governing the Municipality or school district and in full force and effect: RESOLVED, that the First Vermont Bank and Trust Company is hereby designated as a depository of this municipality or school district and that a deposit account with cash management services be opened and maintained, in the name of Town of Bennington, subject to the rules and regulations established from time to time by said Bank and outlined in the Cash Management Master Agreement. That any one of the following, to wit: William E. Burfeind, Treasurer, and Cindy L. Palmer, Assistant Treasurer, are authorized, on behalf of this municipality or school district, and in its name, to sign checks, the Cash Management Master Agreement and any Service Schedules thereto, receipts, wire transfers or for the payment or withdrawal of funds deposited in said account or deposited to the credit of said municipality or school district and said Bank is hereby authorized and directed to honor and pay any of said checks, receipts, wire transfers or orders or the payment or withdrawal of funds deposited to the credit of said municipality of school district when so signed. Additionally, any of the above-named authorized signers on behalf of this municipality or school district may from time to time perform and/or designate one or more individuals to perform specified functions in connection with the cash management services contemplated by the Master Agreement and Service Schedules. In that regard, the above individuals (each an "Authorized Agent") acting singly, are hereby given the power and authority to initiate funds transfers and ACH transfers, obtain account information, or perform any other function specifically designated in writing and delivered to the Bank. For purposes of this Resolution, funds transfers are transfers between deposit accounts, transactions between loan and deposit accounts, and transfers to purchase or redeem certificates of deposit, government securities, or other investment vehicles offered by the Bank. Such transfers may be initiated either orally or in writing by Authorized Agents named above. FURTHER RESOLVED, that the foregoing resolution shall remain in full force and effect until written notice of its amendment or recession shall have been received by said Bank and that receipt of such notice shall not affect any action taken by said Bank prior thereto. I further certify that there is no provision in the articles or By-Laws of said municipality or district limiting the power to pass the foregoing resolutions and that the same are in conformity with the provisions of said articles and/or By- Laws. IN WITNESS WHEREOF, We have herunto subscribed our names this 28th day of March, 2000, as members of said governing body. RESOLUTION CHARTER ONE BANK RESOLVED, That the funds of the undersigned be and the same are hereby authorized to be added to or paid into a savings account in Charter One Bank, and that said institution be and it is hereby authorized to pay withdrawals until further written notice to it signed in the name of this organization as indicated below by any one person or persons, whose signatures appear below. Said institution further is authorized to accept a pledge of all or any part of said account as security for any loan made by it to said organization and executed in its name by the signatory parties indicated in the preceding sentence. Said institution is authorized to supply any endorsement for the undersigned on any check or other instrument tendered for this account and it is hereby relieved of any liability in connection with collection of such items which are handled by it without negligence and it shall not be liable for the acts of its agents, sub-agents or others or for any casualty. Withdrawals may not be made on account of such items until collected, and any amount not collected may be charged back to this account, including expenses incurred, and any other outside expense incurred on account of this account may be charged to it. TOWN OF BENNINGTON William E. Burfeind, Treasurer Cindy L. Palmer, Assistant Treasurer Hall moved to waive reading and sign the resolutions for both. Santarcangelo seconded. The motion passed unanimously. 5. ANNOUNCEMENT OF VACANCIES TO BOARDS & COMMISSIONS Colvin noted that all applications would be considered. She noted that when terms are open, the terms are expired, and that automatic reappointment doesn't necessarily happen, all applicants will be considered. They are also looking for alternates for the Zoning Board of Adjustment. Colvin noted that the Board appears to be moving towards Board consolidation and reorganization into a Design Review Board. Any Planning Commission and Zoning Board member would be encouraged to reapply if they move to the Development Review Board this summer. Applications should be received by noon on Friday, April 7, for consideration at the meeting on the following Tuesday. Colvin reviewed the open positions, which are attached for the record. Hurd noted that this would be posted in the paper. 6. PUBLIC HEARING TOWN PLAN Kevan Jones addressed the Board. He thanked the Board for allowing his presentation. He distributed material to the Board, which is attached for the record. He addressed sprawl. He was addressing a project along Route 67A, approximately ten acres including this site, and the site that is south of it, Price Chopper, the original battery plant which has been removed, and a small building that is the original office of the owner. The current status is farmland, current use is a soccer field. It is not his intent to single out car dealerships. The property is owned by William H. Morse. Jones feels that Morse is one of the most outstanding citizens in town, very generous, and he is just addressing the use of the property. Jones reported that the zoners want to rezone the property from industrial to industrial commercial. Jones agrees that the south end could warrant industrial to commercial, but he feels that the area north of the fence and the little stream, including the field should be. In 1950 and 1951, Jones programmed, for his thesis at Syracuse University, a school on that site where Ames is now located. To the north, towards North Bennington, were the athletic fields. The natural slope was the bleachers, etc. Mr. Jones presented and reviewed photographs reflecting the site. He indicated that the property has good frontage, and is a wonderful site. He feels that if this development were allowed across the fence and stream, it would be sprawl. The property currently reflects an environmentally pleasant approach to the college. Jones asked the Board to take appropriate action to prevent sprawl. Mr. Jones proposed that change from Industrial to Industrial Commercial for the northern portion be rejected. He proposed that the land designation be Residential or Recreational. He also addressed concern regarding the proposed Aldi food discount store. Hall asked and Hurd and Monks noted that the Aldi store would be an allowed use. Mike McDonough addressed the Board. He was representing the Better Bennington Corporation. He made general comments about town plan review. He reported that he participated in the process with the Planning Commission on the updated town plan. He recognized and extended gratitude to the Planning Commission for thorough review and consideration they have given the plan. Two specific subjects for comment. Origination and promotion of the document, and specific recommendations. McDonough submitted several thoughts to the Planning Commission concerning three specific areas, enhancement of downtown language in the document, transportation corridors into and through Bennington as a scenic and economic resource, and the development impacts on open space in the downtown core. Taken collectively, these areas have significant impact on social, cultural and economic condition of the community. The Town Plan ultimately is carried out through the Bylaw, and the strength of town plan needs to be carried through to the bylaw. He looks forward to that process, because he feels it is important that specific areas of Bylaw receive careful review. He emphasized that the town plan document is very important for the community. It represents a clear blueprint of what we see Bennington becoming. He urges the town to explore innovative techniques to disseminate the information throughout the community. He feels it is difficult for the community to understand everything that is concluded. Charles Putney, Whipstock Hill Preservation Society, addressed the Board. He was disappointed that the commercial overlay around route 9 on the West End between the New York border and Pleasant Valley road is still in place. He reported that he has heard references along the lines that if people come to Bennington and don't find Vermont, they will keep moving. Mr. Putney reported that Lance Mattison addressed the degree to which local and industrial leaders go in part because of recreational scenic and historic nature of the community. The prospect that the corridor is filled with a variety of businesses is a signal of what might happen. They are afraid that roads leading into town will be filled with businesses, and downtown would be dead. Downtown is lively and has potential, if continued sprawl and growth it will not stay that way. Shelley Stiles, Bennington County Conservation District, addressed the Board. She reported that part of their mission is promoting rural livelihoods, most importantly farming. She addressed the Rural Conservation District and Town Plan policies regarding farming, and their impact. She noted that the plan coming out in favor of protection of agriculture in a rural conservation zone is contradicted by the Commission permitting two-acre subdivision development in rural conservation zones. She feels that they cannot have both in the same spot, either agriculture or dense residential development. She feels that the density bonus that the plan recommends for innovative designs was suggested to offset the contradiction. She would suggest that in the case of a cluster, half the site be preserved as open space. Perhaps further certain features special to the resource could be preserved. In the case of agriculture, half left open, and the best soils should be preserved, intact, not in pieces. She feels that the quantity of acres preserved should be of farmable size and nature. She feels that the two-acre zone underlies the rural conservation district. Instead of trying to satisfy contradictory objectives, perhaps they should break up the Rural Conservation zone into two zones, one a village zone where two-acre minimum lot size could be kept, and a farming and forestry zone, perhaps minimum lot size would be farmable. She felt that the last paragraph of the proposed plan town which says that the town may wish to consider land or easement acquisition in some cases. She feels that this might also be an appropriate time for the town to consider a grant acquisition fund. Santarcangelo noted that they are preserving farmland, and the farmers are not able to make a living. Stiles noted that the number of farms in Bennington County increased from 154 in 1987 to 171 in 1997. Santarcangelo noted that farms are consolidating. One out of five becomes a conglomeration in order to survive. They are raising cows and developing milk, but cows never go into a field. Stiles noted that it contributes greatly to the Vermont experience, and employs a large number of people. Jenny Kimberly, Natural Resources Conservation Service addressed the Board. She referred to the Land Evaluation and Site Assessment (LESA) Program. She feels that it is great that the plan calls for review of the LESA system. The rating of 225 might be too high, as only two sites have come in above that. If sewer lines are extended any more, it will have an impact on agricultural land and the LESA study. Hurd felt that as a condition of EPA grant money, the LESA program will always be there, as sites slowly move out and are developed, they have a negative impact on the scores of the land now adjacent, thereby making it easier for those sites to be developed under the LESA program. The program only slows or controls development; it does not stop it. Sinnott noted that they are aware that they cannot put the burden on a few landowners, if community benefits, then community must share the burden. He has a problem putting additional regulatory hurdles on the family to maintain the quality of the community and the state. John Williams spoke for Mr. Morse. In response to Jones comments, this parcel has been zoned for development of one type or another. The plan is to allow for development commercially to broaden the flexibility of its use. This is a busy area of development activity because of the coming bypass entrance, and municipal water and sewer. The Planning Commission has sensibly focused on this as an area for development. It was never zoned recreational or residential. Morse has also been pleased to make the land available for use by Youth Soccer Program until it can be sensibly developed. Mike Bethel addressed the Board as a representative of Vermonters for a Clear Environment. He asked that they not change the zoning of the Jard site, and feels that the power plant issue is not dead. Rezoning would take away the town's bargaining chips. Hall moved to adjourn the hearing until April 11. Santarcangelo seconded. The motion passed unanimously. Monks noted that they can delay the hearing, the next requirement is that plan is adopted within a year, but they have until December. Hall noted that Select Board is reviewing the plan with the Planning Commission on a page by page basis. Monks noted that it has been warned for the 11th, but since significant changes have been proposed, they could then either adjourn or continue. Hall noted that they are not criticizing the Planning Commission, but are becoming educated. The Board took a brief recess. 7. PUBLIC HEARING CDBG APPLICATION REQUEST Santarcangelo moved to open hearing. Gauthier seconded. The motion passed unanimously. Bill Colvin, Community Development Director, explained that the Vermont Community Development Program is Vermont's program for the distribution of community development block grant funds. The CDBG funds projects in four separate categories, economic development, housing, public services, and public facilities. The requirement is application at a public hearing to provide information on a project, and allow citizens an opportunity to comment on the proposed use of funds. He explained that this application, if approved, would request $573,000 in grant funds to assist with a sewer line extension, enabling Tansitor to remain in Bennington, and perhaps add 80 jobs over seven years, 30 in next year. He briefly reviewed Tansitor's business reputation, and explained that they acquired most of the assets of a major competitor. Florida has offered Tansitor an aggressive incentive package to convince them to move south. The facility in Florida is supported by municipal infrastructure, sufficient to accommodate the addition of the 98 Vermont positions. Tansitor has informed the state that relocation would be possible if similar assistance including extension of municipal sewer to serve their plant is not available in Vermont. State and town officials have been working to assemble a package to meet the needs of the company, including Vermont Training program funds, tax credits, legislative funds, and the pending community development block grant application. If successful, the state and local officials will have furnished $1,375,000 in incentives to benefit Tansitor. The project would involve the installation of a forced main sewer system from the Tansitor plant to Una Bella. A slight upgrade of the existing park system to handle additional flow will also be required. As a forced main system, property owners along the route would not have access to the system. Alternative solutions would have to be examined for Jewett Drive and Dermody Road through a separate yet related future project. Because of the two-year automatic moratorium, the town has two and a half years to arrive at means of assisting West End property owners without any functional delay. The project budget estimates a total cost of $687,810, The sources of funding are, $572,875 CDBG grant, $103,175 cash contribution of 15% of the project from Tansitor, $4,000 from town, $7,760 town contribution through in-kind services of community development and sewer development. The application is due in Montpelier on April 11. Lodi Colvin felt that proposal is outstanding, and cannot thank Tansitor enough for being patient. Hall felt it was incumbent upon the Board as they extend the sewer to Tansitor, which is a very worthy project for a fine company, which will aid the community immeasurably. Concerning the residents of Jewett and Dermody, this does not delay that. The project is unbundled. The town and the Select Board will explore ways to properly and equitably finance sewage hookups into existing homes on Dermody and Jewett. This proposal will not delay their projects. Sinnott noted that they are looking at existing structures. They are all concerned with sprawl issues. He feels that they are not encouraging unplanned and unwanted development along that corridor. They are looking to resolve problems for existing residents and taxpayers. Gauthier echoed Colvin, Hall and Sinnott in thanking Tansitor for working with them, and assuring existing residents that they are working for them also. Carroll Killen of Tansitor addressed the Board. He reviewed tantalum, one of the scientific elements of the periodic table. It is a very stable product, and because it is like that it will be stable 20 years from now, and because it is like that it can be used in military, space equipment, hearing aides, etc. Tansitor will be supplying about two-thirds of the market in this country. Hall moved and Santarcangelo seconded the approval of the circulation of the application for signatures. Charles Putney distributed information to the Board. He was present on behalf of the Whipstock Hill Preservation Society, as well as the Mount Anthony Preservation Society. He is very supportive of meeting the needs of residences and other buildings in the area, but is concerned that if the Select Board does not place a very long-term moratorium on new connections on the sewer line, it will promote sprawl. He feels that the moratorium should be the case no matter what happens with the Fairdale Farms property. He noted that the state has already invested significant funds in these types of activities, a moratorium would create a situation that would encourage individual landowners to continue to think about conservation easements. The Governor recently signed an executive order encouraging this. The grant application process is a very competitive cycle, and Mr. Putney thinks that a long term moratorium (25 years or longer) might make the proposal more competitive in Montpelier. He does not wish to see the West End become residential growth center. He feels that they need to preserve open spaces and scenic beauty. He applauds the Tansitor expansion plan, and the Select Board's wishes to assist. They also recommended that a conservation easement along the length, which would permit existing developments to connect, but would prevent new hookups in perpetuity. Lance Mattison from BCIC addressed the Board. He congratulated the Board, town staff, and Tansitor on hard work and balanced compromise. He thinks that this sends an unambiguous message to Tansitor that the town clearly understands their importance and is behind their project. He feels that the town has taken care of the issue of sprawl very thoroughly, the proposal takes care of someone hooking up to a forced main, which puts them in a very good position, better perhaps than a moratorium. Rachel Schumacher, Vice President of Tansitor, thanked all members on behalf of all employees. Kate McQuerry, Program Director for Whips addressed the Board. She feels that the issue is that there are no restrictions on someone hooking onto the pump station at Tansitor. She is not sure that the design is as restrictive as it has been portrayed. Hurd noted that the pump stations and capacity are being sized to meet Tansitor needs only. He also noted that the Board is committed to restricting any hookups to existing development only. They have addressed the issue of new development. The pump station could be expanded in the future, but under current design, solely for Tansitor. McQuerry supports the proposal, and supports Tansitor accommodation, but she is concerned about the possibility of future sprawl. Colvin noted that the two-year automatic moratorium also includes the pump station. Frank Alguire, related that the Board meeting of last Monday noted that the Board strongly and unanimously supported the project. He feels that these are good jobs, Tansitor is a company that takes good care of their employees, and has been a good company for a long time. He feels that it is exciting that this project is moving ahead, and thanked the Board for their support. The motion passed unanimously. Hall thanked Colvin and Tansitor for their work on the project. 8. MUNICIPAL ARTS PARTNERSHIP GRANT APPLICATION REQUEST Bill Colvin noted that the proposal was left with town staff this week. A consortium led by Vermont Arts Exchange is requesting support for a municipal arts partnership grant. If the application is found worthy of support, a lot of programs begun last year would be continued, and two new projects funded. Last year $7,500 in municipal support leveraged $25,000 in turn. This year's request is for $8,000. Some of the programs funded would be Tuesday night Teens, Window Works, Summer Under the Tent, Community Built Park for skateboard park, Downtown Bennington Arts Walk which would place public artwork downtown, etc. The application has been changed; Vermont Arts Council tried to get this in sync with the budget cycle. Town staff has $800 per month from contingency from September 2000 through June 2001. Hall agreed that the timing also disturbs him. He feels it significantly depletes contingency funds. Hurd agreed and noted that it is a concern of the staff to reduce contingency by one third before year starts. This was a good project last year with public benefit. Hall cannot support unexpected expenditures especially when town staff has warned the applicant. Colvin agreed, but would hate to see the losses, and felt that they should have expected the request. This $8,000 generates $33,000 for them. The money would not have to be forthcoming prior to June 2001, but they would need the commitment. Hurd noted that they could pay their share in the last month of the fiscal year. Colvin felt that the $25,500 was available anyway. He does not believe that all of the money would be contingent upon receiving the grant. Santarcangelo anticipates that Rotary will raise about $2,000 for the Tuesday night teen project, Colvin felt that was a component of the other $25,500. Hurd noted that if they do not apply for the grant, there are other funds, to try to find additional monies to make the $33,000. Colvin felt that a statement of support of the program was important. Hurd felt that they could go forward at a lesser level, and the town could seek ways to find other money. Gauthier feels this should be a budget line item in the future. Cinda Morse emphasized the importance of the municipal support, poor timing for the application. She noted that it is very hard and this is not easy money, a lot of work to find the support. Tuesday Night Teens has been very popular, serving many kids and growing. Rotary is supporting it because of the demand on youth in the community. She urged that the commitment be made so that proposal can go forward. Hurd noted that his alternate suggestion is that if there are sufficient funds in this budget year, they can make that in this budget year. Meet $8,000 without having to ask for $7500. Hurd noted that it shows support, but does not commit them to funding something they may not be able to fund. Hurd assumed that the Board authorizes the staff to find the $8,000 prior to the fiscal year starting. Colvin noted that she feels the projects are too important not to find a way, and she is trusting Hurd's confidence. The Board took another brief recess. 9. CROSSWALKS AND STROBE LIGHT Colvin reported that there has been an article in the Banner about crosswalks. She reported that there is still a strong feeling that crosswalks downtown are not that visible because they are flat on the ground. The bulb out issue has really slowed traffic. New cones in front of Bennington Elementary School are tall and skinny, with a sign on top. Hurd noted that crews work from 7 to 3:30, his recommendation would be to investigate spring-loaded narrow pylons inserted into the pavement. Hall felt that the signage should be prominent, and say something like stop for pedestrians in crosswalks. Hall suggested that they proceed with investigating. Hurd agreed to put together options for the Board to review. Hall noted that strobes should be installed on all of the approach first lights where there is highway speed traffic, coming down Route nine and the Kocher Drive intersection are the worst. Strobes go far beyond vision of red light. This is nothing more than a flashing light within a red light. Hurd did not know what they cost is, and noted that Bohne is researching. Hurd noted that they have done a lot of things at the signal, flashing yellow lights above, etc., and does not feel that it could be that expensive to add a strobe. Hurd noted that they would have to ask the state to install one on Kocher drive. 10. LIQUOR LICENSE RENEWALS Distributed for signatures: ¨ Bennington Club ¨ Bennington College Restaurant & Caterers ¨ Bennington Lanes ¨ Bennington Pizza House ¨ Charlie's Mobil ¨ East Road Variety ¨ Flemming Oil Company, Inc. ¨ Kevin's at Mike's Place III ¨ Kevin's at Mike's Place ¨ Madison Brewing Company ¨ Madison Brewing Co., Pub and Restaurant ¨ Moose, Loyal Order of Lodge #1233 ¨ Pizza Hut ¨ Rite Aid Pharmacy #432 ¨ Sargent's Short Stop Deli, Inc. ¨ Sue Z Cues ¨ Thomas J. Carmody's ¨ Thomas J. Carmody's ¨ Vermont Steak House ¨ Vermont Steak House ¨ Veterans of Foreign Wars Post #1332 ¨ Walter Smith, Incorporated 23. MANAGER'S REPORT Hurd reviewed the waste tire pile at the landfill. He reported that all of the tires are expected to be removed by May 21, and at that time cease relationship with L&W recycling. There will be a single trailer for the tires. It has become problematic working with L&W to help them and get rid of them. The trailers belong to Casella. 24. OTHER BUSINESS Hall felt that they could conduct meetings at Fire Station, including Planning and Zoning. He noted that it is a large public room with easy access. The room could be properly lit at very little expense. Hurd noted that the initial concern was the lighting relatively low lit, and acoustics. Acoustic changes could facilitate that. Von Ouhl indicated that sound is poor, acoustic and lighting. Gauthier noted that they took direct lighting out of budget, could look into two areas. Hurd is not opposed. Hall felt that it makes sense. Sinnott reviewed the Development Review Board. Monks is working on a revised proposal for their consideration, bringing up points Hall has made. He would like to see a timetable for consideration, and feels that they should decide carefully, but move forward. Hurd noted that the goal is to have something to them in April. Gauthier noted that their goal is July 1. Gauthier noted that a couple of Board members are under the understanding that they cannot apply to the new Board, and he wants to make sure that everyone understands. Colvin noted that they need the experienced members. Colvin noted that the Orton Institute has workshops planned. Not just Select Board, but Planning Zoning, Conservation and Design Review Boards are included. 25. ADJOURNMENT At 9:37 P.M., Hall moved and Sinnott seconded the adjournment of the meeting. The motion carried unanimously. Respectfully submitted, Robyn C. Baker