CITY OF TITUSVILLE COMMUNITY REDEVELOPMENT AGENCY Council Chamber at City Hall 555 South Washington Avenue, Titusville, FL 32796 June 9, 2015 5:30 PM Any person who decides to appeal any decision of the Community Redevelopment Agency with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City desires to accommodate persons with disabilities. Accordingly, any physically handicapped person, pursuant to Chapter 286.26 Florida Statutes, should, at least 48 hours prior to the meeting, submit a written request to the chairperson that the physically handicapped person desires to attend the meeting. 1. CALL TO ORDER 2. DETERMINATION OF A QUORUM 3. INVOCATION 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES A. Minutes Approve the minutes of the regular Community Redevelopment Agency (CRA) meeting on May 12, 2015. 6. SPECIAL RECOGNITIONS AND PRESENTATIONS 7. OLD BUSINESS 8. NEW BUSINESS A. Community Policing Update Accept the report. B. Downtown Mobility Committee It is recommended that the CRA create a Downtown Mobility Committee. Staff is seeking input on the size and make-up of the committee membership. 9. PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT 10. EXECUTIVE DIRECTORS REPORT A. Executive Director's Report 11. ADJOURNMENT Accept the report as presented. Page 1 of 26
Category: 5. Item: A. City of Titusville "Gateway to Nature and Space" REPORT TO COUNCIL To: From: Subject: Community Redevelopment Agency Members William S. Larese, Executive Director Minutes Department/Office: City Clerk Recommended Action: Approve the minutes of the regular Community Redevelopment Agency (CRA) meeting on May 12, 2015. Summary Explanation & Background: n/a Alternatives: n/a Item Budgeted: NA Source/use of funds/budget Book Page: n/a Strategic Plan: No. 2 Economic Development Strategic Plan Impact: n/a ATTACHMENTS: Description Upload Date Type Minutes 5/21/2015 Backup Material Page 2 of 26
Community Redevelopment Agency Regular Meeting May 12, 2015 The Community Redevelopment Agency (CRA) of the City of Titusville, Florida met in regular session in the Council Chamber of City Hall, 555 South Washington Avenue, on Tuesday, May 12, 2015. Call to Order/Determination of a Quorum Chairman Jim Tulley called the meeting to order at 5:30 p.m. Present were Chairman Jim Tulley, Vice-Chairman Walt Johnson, and Members Christi Anderson, Matthew Barringer, Curt Leady, Martha Long, and Rita Pritchett. Also present were Executive Director Scott Larese and Community Redevelopment Agency (CRA) Attorney Richard Broome. Invocation/Pledge of Allegiance Chairman Tulley asked for a moment of silence and then led the entire assembly in the Pledge of Allegiance to the Flag. Approval of Minutes Motion: Vice-Chairman Johnson moved to approve the minutes of the regular Community Redevelopment Agency (CRA) meeting on April 14, 2015, as submitted. Member Anderson seconded the motion. The motion carried unanimously. Special Recognitions and Presentations - None Old Business -None New Business 2015 Supplemental Plan Update Executive Director Larese advised that the recommended action was to approve the 2015 Supplemental Plan Update and Adopt Page 3 of 26 [1] May 12, 2015
Resolution No. 12-2015 Recommending City Council adopt the Plan Update. The summary explanation and background for this item were included in the agenda package. Motion: Member Pritchett moved to approve the 2015 Supplemental Plan Update and Adopt Resolution No. 12-2015 Recommending City Council adopt the Plan Update, as recommended. Member Barringer seconded the motion. The motion carried unanimously. CRA Attorney Broome advised that a roll call vote was needed when approving a resolution. Member Pritchett restated her motion to approve Resolution No. 15-2015, as recommended. Member Barringer s second held. The roll call was: Member Leady Member Pritchett Member Long Chairman Tulley Vice-Chairman Johnson Member Barringer Christi Anderson Yes Yes Yes Yes Yes Yes Yes The motion carried unanimously. Funding of Park Improvements Executive Director Larese advised that staff recommended approval for funding not to exceed $35,000 for a BMX Track at Marina Park, adjacent to the current skate park. Member Leady asked who would be responsible for the maintenance of the BMX Track. Executive Director Larese advised that the County would be responsible for maintaining the BMX Track. Motion: Member Long moved to approve funding not to exceed $35,000 for a BMX Track at Marina Park, as recommended. Vice-Chairman Johnson seconded the motion. The motion carried unanimously. Page 4 of 26 [2] May 12, 2015
Executive Director Larese recommended to hear agenda Item 8D - Budget Approval for Downtown Welcome Center next in the agenda. There was no objection from the CRA. Budget Approval for Downtown Welcome Center Executive Director Larese advised that the recommended action was to approve funding in the amount of $285,427 to construct a Downtown Welcome Center, including public restrooms, retail space and other amenities. Chairman Tulley advised that there were inconsistencies in the dollar amounts in the recommendation and the FY 2015-2016 CRA Preliminary Budget. Community Development Director Peggy Busacca stated there was an error in the budget calculations and that it was corrected. The corrections would be included in the presentation for Item 8C - FY2015-2016 CRA Preliminary Budget. Motion: Member Pritchett moved approve funding in the amount of $285,427 to construct a Downtown Welcome Center, including public restrooms, retail space and other amenities, as recommended. Member Long seconded the motion. The motion carried unanimously. FY2015-2016 CRA Preliminary Budget Executive Director Larese advised that the recommended action was to provide direction to staff regarding the FY2015-2016 CRA Preliminary Budget. Community Development Director Busacca advised that in reviewing this preliminary budget, the CRA should be aware of the following: Revenue estimates were calculated as no increase for TIF revenues from the County, and a 2% increase in City TIF revenues as conservative estimates. Personnel costs, and General Fund administrative charges were estimates only, and were based upon the last year available for such costs. Special Event Grant funding was approximately 8% of the estimated TIF revenues. Community Development Director Busacca provided a powerpoint presentation as followed: Page 5 of 26 FY 15-16 Budget Presentation for the Downtown Community Redevelopment Agency Budget Process Revenues & Carry Forward [3] May 12, 2015
Page 6 of 26 Debt Service Operating Expenses Summary Snapshot Project Options Funding Available $210,073 Questions? Member Long asked the status of the landscaping planned for the Palm Street to Riveredge Drive project. Public Works Director Kevin Cook advised that the landscape plan was received from the architect and the bid package for the first block would go out in approximately 30 days. Member Long asked whether the funds allocated for the project would be sufficient. Public Works Director Cook advised that the landscape architect was provided a parameter to fit within the budget for the hardscape and the softscape and that parameter was met. He stated that there were enough funds to complete the first section. Member Leady commented that there was no marketing or promotion of the Downtown and asked that the CRA consider it. Member Barringer recommended to assist in alleviating funds from the CRA, shifting the funding for the police presence in the Downtown from the CRA budget to the City budget. Member Pritchett requested staff provide a schedule of CRA projects, including the proposed completion dates. Member Anderson advised that she liked the idea of some marketing for the Downtown. She recommended using the LED signs on the north and south bound US 1 and the Titusville Police Department s LED sign to market the Downtown and inform citizens what was happening the Downtown. Debbie Shuler stated she was speaking as a Downtown business owner and the treasurer of the Downtown Merchants Association (DMA) and advised that she was in favor of marketing for the Downtown. She asked the CRA to consider adding additional funds to the budget for maintenance of the landscaping in the Downtown. She recommended moving funds from the grant application reimbursement to the DMA or not-for-profits to a promotional or marketing budget. Petitions and Requests from the Public Present Debbie Shuler advised that there was a Friday Night Live Event/Sea Turtle Festival on June 12, 2015. She asked for an update on the Julia Street Parking Lot lights. [4] May 12, 2015
Page 7 of 26 Public Works Director Cook advised that pre-construction with the vendors for the Julia Street Parking Lot lights would be the upcoming Friday or Monday and the clock would start immediately after that on the construction for the project. He stated that he thought the contract term was 120 days. Executive Director s Report Executive Director Larese submitted a written report. Executive Director Larese advised that the remaining items were informational only. Capital Projects in the Downtown Julia Street Parking Lot Main Street Streetscape (Palm Avenue to Indian River Avenue) Pedestrian Improvements on N. Washington Avenue Concrete Street Repairs Ongoing Projects Garden Street and US Highway 1 Corridor Studies Historic Preservation Board Member Long commented that there was not sufficient lighting on Mariners Way. She advised that the trees obscured the lighting and felt that the lighting would be improved if the elevation of some of the trees was raised. She recommended a general assessment of the lighting in Mariners Way parking lot. Member Long asked staff where the bike racks would be located in the CRA in conjunction with the bike trail. Executive Director Larese advised that the bike racks would be located at the Welcome Center and as a part of the improvements in the Downtown, bike racks would be placed in strategic locations. Member Long recommended to begin the planning and choosing of locations for bike racks, water fountains etc. before construction began. Member Anderson advised that she was resigning from the CRA. She stated that she would no longer be living in the CRA district and would no longer qualify as a member of CRA. She stated that it was a real joy and privilege to serve on the CRA. [5] May 12, 2015
Member Anderson provided her letter of resignation to the Recording Secretary. Chairman Tulley thanked Member Anderson for her service on the CRA. The meeting adjourned at 6:11 p.m. Page 8 of 26 [6] May 12, 2015
City of Titusville "Gateway to Nature and Space" Category: 8. Item: A. To: From: Subject: REPORT TO COUNCIL Community Redevelopment Agency Members William S. Larese, Executive Director Community Policing Update Department/Office: Community Development Recommended Action: Accept the report. Summary Explanation & Background: Alternatives: Item Budgeted: Source/use of funds/budget Book Page: Strategic Plan: Strategic Plan Impact: ATTACHMENTS: Description Upload Date Type No Attachments Available Page 9 of 26
Category: 8. Item: B. City of Titusville "Gateway to Nature and Space" REPORT TO COUNCIL To: From: Subject: Community Redevelopment Agency Members William S. Larese, Executive Director Downtown Mobility Committee Department/Office: Community Development Recommended Action: It is recommended that the CRA create a Downtown Mobility Committee. Staff is seeking input on the size and make-up of the committee membership. Summary Explanation & Background: As directed by the CRA, staff is working to position the City of Titusville as a Trail Town. With the construction of the Coast to Coast Connector and the Welcome Center project underway, it seems advisable to ensure that a review of travel within and through Titusville be conducted. To that end, it is recommended that the CRA created a Downtown Mobility Committee to analyze connectivity from the Coast to Coast Connector trail head to downtown and other trails, as well as routes through the downtown and other mobility issues. Staff is proposing a five (5) to seven (7) member committee, which would operate in the Sunshine. It would be most helpful if members of the committee include a variety of interests, including persons representing the interests of the Downtown Merchants Association, residents, biking enthusiasts, and hikers or other trail users. Section 4 of "Trail Towns - Capturing Trail-Based Tourism" is attached for background information. Alternatives: 1. Direction on the number and type of committee members, committee responsibilities, or other direction as desired by the CRA. 2. Do not approve the establishment of a Downtown Mobility Committee. Item Budgeted: Source/use of funds/budget Book Page: Strategic Plan: No. 1 Quality of LifeNo. 2 Economic Development Strategic Plan Impact: ATTACHMENTS: Description Upload Date Type Trail Town Section 4 6/1/2015 Backup Material Page 10 of 26
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Category: 10. Item: A. City of Titusville "Gateway to Nature and Space" REPORT TO COUNCIL To: From: Subject: Community Redevelopment Agency Members William S. Larese, Executive Director Executive Director's Report Department/Office: Community Development Recommended Action: Accept the report as presented. Summary Explanation & Background: Alternatives: Item Budgeted: Source/use of funds/budget Book Page: Strategic Plan: Strategic Plan Impact: ATTACHMENTS: Description Upload Date Type Executive Director's Report 6/1/2015 Backup Material Page 18 of 26
EXECUTIVE DIRECTOR S REPORT TO: FROM: Honorable Chairman and CRA Members Scott Larese, Executive Director DATE: June 9, 2015 Action Item None Information Item None Capital Projects in the Downtown 1. Julia Street Parking Lot The City has executed an Agreement with Loyd Contracting Company, Inc. for the Design/Build of the Julia Street Parking Lot Lighting Improvements. Staff has requested the project undergo a minor redesign due to the projected location of the welcome center. Construction is expected to be underway in June. 2. Main Street Streetscape (Palm Avenue to Indian River Avenue) All plans are complete, and the project is expected to be initiated in June. 3. Pedestrian Improvements on N. Washington Avenue The CRA approved pedestrian improvements to be made near Julia Street and City Hall for the cost of $96,000. Florida Department of Transportation has begun the design of the project, and the needed signs are on order. 4. Concrete Street Repairs The repairs of the concrete streets within the historic residential district were bid in April 2015. Ongoing Projects 1. Garden Street and US Highway 1 Corridor Studies City staff attended the project kick-off meeting with the FDOT consultants for these projects on January 28, 2015 2. Historic Preservation Board The next meeting of the Historic Preservation Board is scheduled for July 6, 2015. Draft minutes from the May meeting are attached. Page 19 of 26 1
Historic Preservation Board Regular Meeting May 4, 2015 The Historic Preservation Board (HPB) of the City of Titusville, Florida met in regular session in the Council Chamber at City Hall, located at 555 South Washington Avenue on Monday May 4, 2015 at 1:00 p.m. XXX Chairman Kiesel called the meeting to order at 1:00 p.m. Present were Vice Chairman Petyk, Secretary Adams, Member Duell, Member Gaetjens, Member Megivern and Member Foster. Also attending was Planning Manager Brad Parrish and Recording Secretary Laurie Dargie. XXX Vice Chairman Petyk motioned to approve the minutes with corrections from the April 6, 2015 meeting. Member Duell seconded. There was a unanimous voice vote. Old Business XXX Draft Budget FY 14/15 and 15/16 Mr. Parrish said the agenda packet has the draft budget that the Historic Preservation Board discussed at the April 6, 2015 meeting which will give Council an idea of what the Historic Preservation Board is looking to use the budget on. The Historic Preservation Board can make changes as needed during the year depending on what comes up. XXX Vice Chairman Petyk made a motion to approve the draft budget for FY 14/15 and FY 15/16. Member Megivern seconded. There was a unanimous voice vote. XXX Mr. Parrish asked if the Historic Preservation Board is in agreement with what Littlejohn Engineering is proposing with their fees as stated in the agenda packet. Member Foster said she does not agree with the fees and says it is too much money for the workshop and designations. Page 20 of 26 2
Historic Preservation Board Regular Meeting May 4, 2015 Mr. Parrish said initially Littlejohn Engineering was working with the budget that the Historic Preservation Board started with which was $8,000.00. Mr. Parrish said that Littlejohn Engineering was actually going over budget for the first two designations. Mr. Parrish said if the HPB does not agree with the fees they can ask to discuss the charges. Member Megivern said he would like to see some detailed line items for the charges on the past designations. Member Foster said at the April 6, 2015 meeting the members had a detailed discussion regarding how it needs to be the Board s responsibility to review the package and try and get as much information as possible so that Littlejohn Engineering does not have to do a lot of research. Chairman Kiesel said the goal is to try and limit Littlejohn to fact checking to save them time and save the HPB money. Chairman Kiesel asked Mr. Parrish to provide a copy of one of the previous designations so the HPB can see what kind of time Littlejohn is putting into a designation. Chairman Kiesel said he would like to table this discussion until Mr. Parrish can provide a detailed cost breakdown of the past designation so that the HPB better understands what the charges are for. XXX Member Gaetjens made a motion to table this for further discussion at the June 1, 2015 meeting. Member Foster seconded. There was a unanimous voice vote. XXX Review Certificate of Appropriateness procedures and draft application Mr. Parrish said the most important aspect of this application is the matrix table. Mr. Parrish said this is modeled after the City of St. Petersburg. Mr. Parrish said St. Petersburg had a very good but lengthy application; therefore, the draft application has been shortened. Mr. Parrish said that based on a conversation with the Building Official, Richard Wheelus, the application should specify what qualifies for a certificate of approval. Member Adams said that the boxes on the table need to be checked. Mr. Parrish said yes. Member Foster said if the addition can be removed and returned back to the original state then it would be okay, however if it would permanently change the structure then it would not be okay. Member Gaetjens asked why an addition would be removed. Member Adams said that the property might be sold to a new owner that wants to change the structure back to how it originally looked. Chairman Kiesel said that if the owner is putting on a new roof and is keeping the same look and style then the Building Page 21 of 26 3
Historic Preservation Board Regular Meeting May 4, 2015 Department can just approve it, but if the owner is taking off a shingle roof and putting on a metal roof it would be inconsistent with the style of the structure and have to come through the Historic Preservation Officer who would make a recommendation to the Historic Preservation Board who would either approve or disapprove. Chairman Kiesel said it comes down to what type of alteration is being done to the structure. Mr. Parrish said demolition must go to the HPB if it is locally designated. Chairman Kiesel said he would like to be able to review all of the matrix table before selecting the boxes. Chairman Kiesel said the draft application covers if and when something comes up regarding an alteration to a locally designated historic property and the HPB can have more time to really look over the matrix table. Mr. Parrish said he will add to the application a line that says describe nature of alteration. Member Adams asked what is the cost involved for the owner of the structure to apply for the Certificate of Appropriateness. Mr. Parrish said there is no fee at this time. Member Adams said that a fee structure needs to be discussed. Vice Chairman Petyk agreed that a fee structure needs to be in place. Mr. Parrish said this would be a good time to discuss a fee structure because all fees are being discussed. Vice Chairman Petyk said if an owner is looking to do an alteration they need to pay a fee. Member Adams said a $900.00 fee would make someone think twice about making an alteration. Member Foster said it is ridiculous to have a fee of $900.00 to $2,000.00 for a Certificate of Appropriateness which is what Littlejohn Engineering will charge. Member Adams said that if someone is coming in to request a demolition of a historic structure he will not mind charging them a $900.00 fee, however if someone comes in to make minor alteration that fee would be extreme. Mr. Parrish said that this will probably be a very rare occasion. Chairman Kiesel said he is not sure how the general public is going to feel about getting charged a $900.00 fee to make an alteration to their property. Chairman Kiesel said that this needs to be discussed to determine how the cost can be offset for those owners who come and want to protect their structure as a Historic structure and then later on want to add a bathroom and have to come up with an additional $900.00 fee. Vice Chairman Petyk said it isn t out of line to charge a fee. Member Foster said maybe $150.00. The Historic Preservation Board would like to see Mr. Parrish become a Historic Preservation Officer. Member Foster said she knows someone who took the course online to become a Historic Preservation Officer and will find out what she took. Page 22 of 26 4
Historic Preservation Board Regular Meeting May 4, 2015 The Historic Preservation Board members asked Mr. Parrish to find out what St. Petersburg and City of Melbourne charges for the Certificate of Appropriateness. Member Foster said she is interested to know what City of Melbourne did with Green Gables. Chairman Kiesel said he believes everyone is in agreement that the Certificate of Appropriateness application is good. The Historic Preservation Members said yes. XXX Vice Chairman Petyk made a motion to accept the Certificate of Appropriateness as presented and have further discussion on the matrix table and the fees charged for the Certificate of Appropriateness application. Member Foster seconded. There was a unanimous voice vote. 'ew Business None Reports XXX XXX Vice Chairman Petyk said she made a top ten list of the structures that should be approached regarding becoming locally designated as a historic structure. The list is as follows: 1. 126 S. Grannis Avenue 2. 703 Indian River Avenue 3. Wager House 8 South Street 4. Pritchard House 5. St. Gabriel s 6. Spell House 1200 Riverside Drive 7. Sherriff Brown s house Bayview and Riverside Drive. 8. 715 Indian River Avenue 9. 1118 Indian River Avenue 10. 1019 Indian River Avenue Member Megivern asked about the Baptist church. Mr. Parrish said he needed all of the owner s authorizations for the Baptist church and he has never heard back regarding the owner s permission to move forward with the designation. Page 23 of 26 5
Historic Preservation Board Regular Meeting May 4, 2015 Member Megivern said Ms. Speidel has not received her plaque yet and asked why. Mr. Parrish said he is still waiting on Public Works. Member Foster said there is a house on Canaveral Avenue which was made into a historical designation and determined that it was a Sears Roebuck catalog house. This house has been restored. Member Gaetjens said why is the Historic Preservation Board only focusing on ten houses when the response might be low. Chairman Kiesel said this was a suggestion by Eddie Browder with Littlejohn Engineering to help with budget allocation. Mr. Parrish said that Mr. Browder actually suggested that the HPB come up with a top ten list of the most endangered structures in Titusville to try and save. Member Foster said 126 Grannis Avenue was scheduled to be demolished on June 1, 2015. Member Foster said she met with Sonia Bradford who is the niece of the owner of the property located at 126 Grannis Avenue who wanted to try and save the house. The owner Mr. Saunders signed over the property to Sonia Bradford. Ms. Bradford obtained authorization over the property and then made contact with Joe Robinson with North Brevard Charities Sharing Center, Inc. to see if he was interested in the property. Mr. Robinson was interested therefore Ms. Bradford did a quit claim deed on April 24, 2015 to North Brevard Charities Sharing Center, Inc. There are code enforcement violations and fines that have accrued on the property over the last several years. Ms. Bradford has agreed to pay the code enforcement administrative cost and fines and also pay for supplies for the securing of the property. North Brevard Charities Sharing Center, Inc. also agrees to clear the code violations by removing the foliage and covering the roof and then working on rehabbing the historic house for adaptive reuse in a timely manner. Member Foster said she wrote a brief report of the historic significant to send in with an application for a grant that needed to be turned in by May 6, 2015. Member Foster said a State matching grant is also being applied for on June 6, 2015 and a report is being written up to submit for this grant. Member Foster said it is great that two non-profits are working together with the City of Titusville and the Historic Preservation Board. Member Foster said several family members have gotten in touch with her and are excited about how this house is being saved. Member Foster said a family member is writing a historical report about this house and family. Page 24 of 26 6
Historic Preservation Board Regular Meeting May 4, 2015 Vice Chairman Petyk said that many neat facts have been found in the house and antiques. Vice Chairman Petyk said that Mrs. Carter wrote and had a book published about natural child birth. Member Foster said Mr. Carter was a Council Men and also Mayor. He was head of the State Nomination Committee and also the National Republican Party. He was very active in the Republican Party. Member Foster said Mrs. Carter was a member of the Titusville s Women Club that ran a local library. The library charged to check out a book and Mrs. Carter did not agree with this therefore she opened up a free book library in a donated space next to the regular library. Mrs. Carter operated the library and when a grant was applied for to help with the library it was given to the Women s Club with the stipulation that there was no charge to check out a book. Member Foster said that Mrs. Carter was also very active in the Civil Rights Movement for women and minorities. Mr. Carter was the Commander of the State Troopers in Kentucky; he had a real estate business in Titusville and had a great military career. Mr. & Mrs. Carter had 9 children. Member Foster said they were given an oval plaque and certificate showing historical recognition from Brevard Heritage back in 1995. Member Foster said she is writing a story for the Indian River Journal regarding working together with Charities and the Historic Preservation Board. Member Foster said now is time to pick up momentum for getting applications started for more locally historic designation. Member Foster said she wants to get an article in the newspaper. Many citizens in the public are happy about this property being saved and it is possible to get people interested in giving donations for restoration. Member Foster said the Historical name will be the Carter House; however the house will be referred to as Carter s Angels Corner. Member Foster said six people can live in the house and it will be used as a transitional house. Member Adams asked how much work needs to be done to the structure of the house. Vice Chairman Petyk said she is not sure but the exterior of the house needs to remain the same. Member Foster said it is a huge house and has 3 porches, 3 bedrooms and is 3184 square feet. Page 25 of 26 7
Historic Preservation Board Regular Meeting May 4, 2015 Member Foster said the grant is a small matching grant that could be used for services like engineering which can be up to $50,000.00. Member Foster said a grant can be applied for in December which is up to $350,000.00. Member Foster said the house will have to have a new roof and other repairs that need to be done once grant money is obtained. Member Foster said the Melbourne High School is being torn down however before it is torn down permission has been granted to try and salvage the interior items such as flooring and given to non-profits for reuse in historic restorations. Member Megivern asked what the status of the Certified Local Government (CLG) application. Mr. Parrish said he spoke to Michael Zimney who requested a Letter of Assurance signed by the Mayor, which is a letter to the State assuring that the City will follow through with all requirements of the CLG. Member Foster asked Mr. Parrish to please pass on the information regarding how the Historic Preservation Board worked with the North Brevard Charities Sharing Inc. to save the Carter House. Adjournment 2:53 p.m. XXX Page 26 of 26 8