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October 15, 2012


Commission Chambers
Lincoln County Courthouse
181 Main Street
Pioche, NV 89043



Tommy Rowe
Ed Higbee
Paul Mathews
Phil Donohue
Kevin Phillips


Chairman Tommy Rowe called the meeting to order at 9:06 a.m. Clerk Lisa Lloyd called the roll.




Tommy Rowe
Kevin Phillips
Ed Higbee
Paul Donohue
Paul Mathews

Lisa Lloyd, Clerk
Tony Graf, Dep. District Attorney


There is a quorum present and the agenda was posted on 10-10-12. The Invocation was offered by Kevin and Tommy led the Pledge of Allegiance.


Tommy called for public comment. Tom Brown discussed the October 1 Commission meeting, specifically the tax money that LC gives to Caliente. Tom doesn’t believe this was handled correctly; it should’ve been handled by the Highway Commission and not the County Commission. Tom suggested that this issue be brought before the HC to be dealt with correctly. There was a voucher for approval in today’s stack and Tom asked that it be held. Recorder/Auditor Leslie Boucher stated that the funds being given to Caliente come from the Road Fund. The Board members need to determine how this issue should be agendized. DDA Tony Graf stated that Tom is correct; these funds should be considered under the HC agenda. Leslie further suggested that the Board needs to determine who will be preparing the voucher. Tom discussed the projects being done by the Road Department (RD). What is the procedure to get roads fixed in the towns? Pioche’s roads haven’t had any
repairs this summer. The roads are getting narrower every year. There are three places in Pioche where individuals are hauling dirt in to fix the washes from the rain. Tom stated that he believes the RD has been doing a great deal of projects that they have no business doing, including football fields and dam construction. When RD is doing these other projects the roads in the towns are being neglected. If something isn’t done the streets in Pioche are going to revert to dirt roads. Every time it rains Tom has to haul dirt and fill in the ditches around his neighborhood. Curbs and gutters are needed in Pioche in several places. The roads then need to be extended as wide as possible to control the water. Tom asked the county to take an honest look at where they are spending their money as he worries that some of it’s being spent in ways that it shouldn’t be. With the funding that was given to Caliente, the Commissioners gave up the opportunity to fix many problems in other
places in the county. Glenn Zelch stated that Airport Road needs some improvement desperately. Tommy suggested that these issues be raised under the HC agenda public comment.


#3 Approve/Deny minutes of the October 1 meeting.

#4 Approve/Deny a budget transfer in the amount of $60,020 from the Federal In Lieu Special Revenue Fund to the Solid Waste Management Fund.

#5 Approve/Deny original and renewal business licenses with staff recommendations (an itemized list of business licenses is available for public review in the Building Department prior to the meeting).

Paul D. made a motion to approve the consent agenda; seconded by Ed. All voted in favor.


Recorder/Auditor Leslie Boucher presented the vouchers and cash balance report. General County has a balance of $329,034.42 with estimated expenditures being $147,686.04. General County will have a balance of $181,348.38. Transportation has a cash balance of $31,169.66 with estimated expenditures being $2,142.28. This will leave Transportation with a balance of $29,027.38. Senior Nutrition has a balance of $47,120.56 with estimated expenditures being $8,243.68. This will leave Senior Nutrition with a balance of $38,876.88. Detention Center has a negative cash balance of $21,764.88 with estimated expenditures being $67,727.99. Detention Center will have a negative balance of $89,492.87. Solid Waste has a negative cash balance of
$7,768.78 with estimated expenditures being $21,161.37. Solid Waste will have a negative balance of $28,930.15. There is a budget transfer of $60,020 on the budget for later today. Solid Waste owes LC Water Special Projects, Fund 87, $27,484.15. Airport has a balance of $2,847.54 with estimated expenditures being $275.19. Airport will have a balance of $2,572.35. Planning has a balance of $10,739.15 with expenditures being $5,164.44. Planning will have a balance of $5,574.71. Paul D. made a motion to approve the vouchers as presented with the exception of the Mountain Merc & LCTS vouchers and the voucher for road funds to be paid to Caliente; seconded by Ed. All voted in favor. Ed made a motion to approve the Mountain Merc vouchers; seconded by Paul D. Kevin disclosed that he is part owner of Mountain Merc; he abstained from the discussion and vote pertaining to these bills. Motion carried. Ed made a motion to approve the LCTS vouchers; seconded by Kevin. Paul D. abstained as he is an employee of LCTS. Motion carried.


CLERK Lisa Lloyd reported that early voting starts this Saturday. DEPUTY DISTRICT ATTORNEY Tony Graf reported that there is a jury trial next week. BUILDING/PLANNING DIRECTOR Cory Lytle stated that he is working through old permits and cleaning up things that were done 6-7 years ago. Cory is working with BLM on the business plan. Cory is still waiting to hear back from Carol. Cory received a notice on a TV District right-of-way. There is garbage and other old items out there, and Cory advised that if the county wants to maintain the site he can make time to get it cleaned up. The road is pretty bad. There was some discussion about scrapping some of the old items in the area. Cory spent a day in Alamo at the Industrial Park. There is a gentleman in the process of purchasing the parcel behind AIP; he is looking for requirements he needs to complete before he can proceed with his parcel. Cory has spoken with Sunrise. A capital improvement plan (CIP) was done and some discussion about getting the approach roughed in using RTC funds was held. We might need to look at options to improve our side; this will be an extensive project as there are hills and fiber that will need to be removed. Cory asked if RTC would want the improvements included in the CIP. The funding from RTC could only be used for materials, not labor. Cory will continue working on this and attempt to identify funding avenues. Private properties have had an existing county road going through their property for generations. Title companies are not moving through with the process as there isn’t a legal access noted on a parcel map or deed. There are several issues like this in the county and it’s difficult to tell people that “this is a county road; it’s been there for 100 years”. Cory believes a process for an easement deed needs to be created; he was unaware of costs, but this is something that the county is going to have to look at. Lenders will not work with people. Cory plans on working through this issue. Kevin reminded Cory that they need to go out and look at a landfill site. EMERGENCY MANAGEMENT COORDINATOR Rick Stever attended the Emergency Managers conference last month; the state is requiring more paperwork in a timely fashion. The county receives federal funding to support the EM office; they are now requiring extensive training and documentation of exercises attended for anyone that receives EMPG funding. This affects both Rick and the Grants Administrator; anyone that receives any funding whatsoever is required to attend training as well as exercises. GRANTS ADMINISTRATOR Elaine Zimmerman stated that the state will not let her take a limited amount of training for EMPG funding. Elaine advised that the Board approved a match for the Nutrition vehicle but an additional $4,000 is required. Division of Aging maxed out on what they can give Senior Nutrition for the vehicle. This issue will be on the next agenda. Elaine suggested that funding can be taken from Grant Match.


This item was handled under separate agenda.


This item was handled under separate agenda.


This item was handled under separate agenda.


This item concerns a request from Steven Thiriot asking the county to purchase three parcels adjacent to the Spring Road in Panaca, specifically lots 1, 27, and 28 of the North Hills Subdivision. Steven was present via telephone. Cory Lytle reviewed the past history, which is also detailed in the letter received from Steven. The current estimated market price for the three lots is $9,291. The North Hills Subdivision was approved by LC in 1980 and Steven provided a copy of the approved plat map. The lots are “distressed” because the right-of-way for the Spring Road currently traverses all three lots. Steven has tried in the past to sell the three lots to LC, without success. Over time, the road has been shifted much further to the east, approximately 70 or 80 feet. DDA Tony Graf stated that if the Board approves this it creates a record that the Board did it on one occasion; it opens a can of worms. Steven stated that the map was approved by the county. If the road is changed, it will go from being a straight road to two ninety degree turns. Cory advised that there is some work involved in
moving the road. Kevin stated that he assumes that the property was deeded to become a new street. Steven stated that the property was set aside in the plat map; it was intended to be Spring Road. Steven had Lenard Smith explore and identify the location of underground utilities in the area and prepare a survey map. This map
cost Steven $2,000 and would reroute the Spring Road around the west end of the subdivision and reconnect it to Spring Road in its present location. At the time that this map was created, Steven was working closely with Clint Wertz. The Thiriot family also owned a 1/3 interest in a small parcel immediately west of the subdivision.
At the insistence of Clint Wertz, Steven delivered a quit claim deed to the county that deeded a small parcel of land immediately west of the subdivision to Panaca (it’s about 250 ft. by 53 ft. which constitutes about .30 acres). After talking to Clint Wertz, Steven had a final map created by Lenard Smith. Steven then proceeded to get a bid for rerouting and graveling the road in accordance with county standards. Within a couple of days, Steven was advised by Clint that a couple of county residents objected to the 90 degree turn in the road. Clint prevaricated and denied giving Steven verbal approval to reroute the road in accordance with Lenard Smith’s survey. Clint advised Steven that the county expected him to move the Spring Road back to the location shown on the 1980 subdivision plat, so that the west edge of the Spring Road would be located at 109.98 feet east of the NW corner of the subdivision. At the time, Steven felt this response was absurd since the county, not the Thiriot Family, had shifted the road to the east. In order to reroute the road in a NW direction from that point to
where it would connect with the existing Spring Road, it would be necessary to build approximately 400 additional feet of road across property owned by the Beacon Group. The BG was unwilling to have the county road cross their property at that location unless the road was constructed under the eminent domain process
with the BG being fairly compensated for the ROW on their property. At that point, Steven concluded that Clint had created an atmosphere of distrust, the county had worn him down, and he would no longer pursue the realignment of the Spring Road on his three lots. Steven has offered to sell the lots to Panaca Town for $3,500
each, but Panaca hasn’t the funds to purchase the land. Steven’s current request is that the county purchase the three lots for $3,500 each and offered the use of a quit claim deed to simplify the process. The lots could be used for public parking, equipment storage, or expansion of the Pioneer Park. Tony advised that there is no
“takings” issue that will have to be addressed if the county decides not to purchase the property. If Steven chose to, he could close the road in the lots that he owns. Steven acknowledged that he could certainly blockade the road, but he isn’t willing to do that. Paul D. stated that the issue is that if the county purchases the land it sets precedence and everyone else who owns property along Spring Road could demand that the county purchase their land as well. Steven reiterated his belief that this problem constitutes a taking issue. Cory stated that a subdivision map was approved for the 109 foot alignment. Spring Road was previously there, prior to the map. The map was approved with a 90 degree alignment. This item will be continued to November 19. No action was taken on this item.


This item concern safety, road care, impacts to the county, and a report of the previous race hosted and managed by Southern NV Off Road Enthusiasts (SNORE). Ed received an email from Mr. Freeman as he’d received a letter from BLM advising that complaints had been received. Ed stated that he’s asked around and
has found no complaints. Victoria Barr stated that the complaints were historic to 2010 as they’d received calls concerning the conditions of the road. The current complaints has more to do with safety/public safety. Victoria stated that some events happened that caused her to have some concerns. A SNORE vehicle left the course
and collided with another vehicle in front of the quilt shop in Caliente. A child was in the start area whose safety was jeopardized. Members of the public who weren’t racing entered the course as it wasn’t communicated to them that they shouldn’t enter the area. Victoria met with SNORE last week to discuss the safety concerns.
Victoria asked that if SNORE submits another application a communications plan needs to be created. There are some other requirements that Victoria has asked be met. BLM should be notified when there are changes in the plans prior to the changes being made. Victoria is requesting a revised safety/operations plan as well as an improved communications plan. Victoria needs these assurances prior to approving another race. Tommy stated that we don’t want to lose the race as it is a valuable asset to the county, but the safety issues do need to be addressed. Tommy asked that BLM work with SNORE to iron out these problems. If there is another fatality of a member of the public it’s possible that BLM will not allow these types of events on public land anymore. Victoria needs SNORE to show her that these things will not happen again; they need to follow their safety plan. Victoria’s goal is to work through these issues; her priority is public safety. Paul D.’s concern is “dollars” in this. The cost of requiring a person to be at each critical point is a cost that is borne by SNORE. If SNORE can’t afford to meet all the requirements the race will go away. Paul D. asked if the costs can be negotiated. No. If an event is going to take more than 50 hours of staff time, the regulations state they must charge cost recovery. BLM does an estimate and charges at GS 11 step for personnel that are involved with the event. The costs can’t be negotiated. Every proponent is charged the same rate, and if the event exceeds BLM’s hours, then they are required to increase cost recovery. This isn’t the only office that is concerned about SNORE’s ability to run a safe event; this isn’t an isolated event. Victoria considers the totality of what is happening in other districts in NV. When an event is permitted, Victoria must take into account the history of the organization. If SNORE presents a different proposal and she’s convinced that it will mitigate the issues that have arisen then Victoria can proceed. Victoria anticipates that the next event, if there is one, will require additional staff. Kevin stated that it appears that the complaints came from the BLM office not the public. Kevin asked if there was a log or notation that is kept so that the Board knows who is registering the complaints. Victoria stated that the specialist would have recorded it on a log that goes in the case file. Victoria stated that for this event, she isn’t aware of any complaints about the post road rehabilitations. Kevin commented that all he is saying is that if the complaints come from BLM staff or office it should be said that way. There was a great deal of confusion about who had the complaints about the race. Mr. Freeman advised that he was told the SO wasn’t happy with how the road crossings were manned. The traffic on the road was stopped as it was safer to do that instead of trying to stop the race traffic on the Beaver Dam road. Mr. Freeman advised that they bladed the main roads within the BLM requested time; they were required to go back and blade the two track roads and washes to pre-race condition. That took longer than expected. Victoria said they don’t want the two tracks bladed; they are to be taken care of through dragging. There were some changes made that Victoria should’ve been informed; these are some concerns that need to be resolved before the next event. Mr. Freeman stated this is the first year they’ve gone into cost recovery. SNORE is now over $18,000 and they were told this is just an estimate and could be higher. Victoria reiterated that her main concern is safety. Sheriff Kerry Lee commented on the Beaver Dam Road; the SO didn’t have any major complaints. It makes sense to stop the traffic on Beaver Dam road as long as it’s in a safe spot, but we need to stick with the plan. If we want to stop the Beaver Dam traffic it needs to be in the plan. Mr. Freeman presented a plaque of appreciation to the Board for their help with the event. No action was taken on this item.


Ed made a motion to approve the resolution allowing nonessential county offices to close on December 24, 2012; seconded by Paul D. Kevin is opposed. Motion carried. There is continued discussion about requiring employees to take a vacation day off instead of getting a paid day off. The offices will have to be open if someone chooses not to take a vacation day. It is possible to close the offices but if the individuals choose not to take a vacation day they can come in and work. There was discussion about what is considered essential. Emergency personnel are considered essential. This resolution doesn’t designate the day as a holiday; it simply gives the authority to close the offices. No action was taken to amend the motion and the Board has given the authority to close the offices and pay regular wages to employees. No holiday pay will be extended as this isn’t a holiday, simply a day off with pay.


This item concerns changes to the personnel policy to address health and life insurance for employees who work more than 20 hours per week but less than 40 hours per week. Full time employees will be those who work 35 or more hours per week; they are eligible to enroll in LC’s paid term life insurance and accidental death and dismemberment insurance plan as well as paid group medical and dental insurance plan. Part time employees are those who work more than twenty hours but less than thirty-five; they will be eligible to enroll in LC’s group medical and dental insurance as well as life insurance/accidental death with costs being prorated between the employee and county based upon the hours worked in a pay period. Kevin made a motion to approve the changes; seconded by Ed. All voted in favor.


Treasurer Shawn Frehner presented the nominees submitted for LC Volunteer Appreciation “Thanks for Giving”. Every person that was nominated will receive a thank you card, certificate, and lapel pin. Originally, the Board was to select a person from each town to formally acknowledge at a town board meeting, but if it’s too difficult to narrow down, then awards can go to all volunteers nominated and it will end there. Shawn asked if the Board would like to choose one person out of each group and proffer awards at the town board meetings. Several Board members agreed that it is too difficult to narrow down, but these people should be recognized at a town board meeting. Paul D. made a motion to recognize all those nominated at the town board meetings and those who aren’t there will receive their certificates via mail; seconded by Ed. All voted in favor.


The medium-term obligation letter received from NV Department of Taxation concerning the financing of four new patrol vehicles was read into the record. The medium term obligation has been approved by the state and a resolution was approved by the Commissioners at a previous meeting. The obligation is not to exceed $105,000; Tommy read the title of the resolution into the record. No action was taken as this issue has already been approved.


Kevin made a motion to approve the signing of the lease agreement for patrol vehicles for the LC Sheriff’s Office; seconded by Paul D. All voted in favor.


Sheriff Kerry Lee advised that Deputy Juan Escobedo resigned, effective 10-26, as he is moving to another state. Kerry is asking to refill this position, and he is worried as he believes there may be another vacancy next month. Tommy asked if any of these positions are available to current employees. Yes, it is open to dispatch and jailers as well as members of the public. Paul D. discussed the General Fund, estimated cash balance is $181,348. Paul D. is concerned and stated that it is easier to hire than fire. If not much money comes in we will be in dire straights with regards to salaries and deficits. Paul D. is incredibly worried about the current balances in General County. Paul D. suggested that one deputy might be able to handle the work of two; there might not be a need to hire two. Kerry stated that one deputy probably can, but there will be times when we are required to pay overtime and this will lead to hire expenses. Kerry stated that the SO will not have a choice but to cut services. Kerry advised that he will come back to the Board if he receives notice from another position. Kerry would like to advertise and create a list. Academy doesn’t start until February and including that training it takes 8 months to ready a deputy for patrol. Kerry stated that he might need another dispatcher before long as well. Paul D. made a motion to allow Kerry to start the process to replace this employee; seconded by Ed. All voted in favor.


This item concerns a letter of support for land transfers from BLM management lands to US Fish & Wildlife Service in Pahranagat Valley. Proposed transfer at Desert National Wildlife Refuge (NWR) is approximately 5,949 acres and the proposed transfer at Pahranagat NWR is approximately 471 acres. Kevin is opposed to
taking land out of the public’s hands. There are several choices: the Board can ignore this, not support it and send a letter stating why, or support it. Kevin made a motion to send a letter supporting the transfer with the stipulation that that they send a letter of commitment that allows the area to be grazed every year by LC cattlemen (including any water/grazing/personal property rights pertaining to the inside or outside); seconded by Ed. All voted in favor.


This item concerns a letter of approval addressed to Bureau of Land Management (BLM) regarding a request for expedited processing of direct sale of a portion of Section 36 of Township 11 South, Range 69 East to Toquop Energy, Inc. Paul D. made a motion to send the letter; seconded by. All voted in favor.


Mark Sullivan, Matt Gingrich, and Linda Bissette presented an update on NV Energy’s project. Texas Tech has completed the testing on the heavy vibration problems they’ve experienced. NV Energy has new designs. PUC will be issuing a decision late in the year and they hope to be able to move forward with the project at that time.
The original project was estimated to cost about $500,000. NV Energy still hopes to complete the project by December 2013. Connie Simkins advised that the ranching community has had great cooperation with NV Energy. NV Energy is working to address the placement of the cattle guards and hope to have them installed
beginning as soon as the next 3-4 weeks. No action was taken on this item.


Porter Talbot of Elevate Insurance offered a presentation concerning the NV Intergovernmental Health Care Cooperative. Employee benefits are a large part of the annual budget. Shopping for lower premiums has little long-term impact. The problem is not going to get any better unless something changes. Larger organizations most often receive better pricing than smaller ones when purchasing insurance. Larger organizations typically have more options available to them and their rates tend to be more stable. Porter demonstrated the advantages of member benefits of a self-funded plan and discussed reinsurance. Porter requested permission to proceed getting price quotes and various information to see if this will benefit LC. There was some discussion about running comparables to see what the cost savings would be. No action was taken and Porter will present information at a future meeting.


Ed Wright addressed the Board concerning the LC Detention Center expansion. Kevin offered a report as he sat on the committee. The proposed solution is different than what was proposed at the last meeting. Ed W. presented a draft ground lease agreement and asked that it be reviewed and vetted over the next two weeks.
The new funding entity is not willing to attach money to the initial proposed real estate. Lenard Smith and Tim Wolf reviewed a drawing that designates 3.6 acres on the hill near the existing building. The new facility being proposed is for 132 beds. Western Corrections Group, LLC (WCG) will take care of the construction of the
building. They are asking the county to install the water, sewer, propane, power and whatever else to come up to that piece of ground. Ed W. referred to Article 6, section 7.3. WCG wants the Sheriff’s Office out of the detention center. A facility will be built to the north that will house the SO. They propose to build a laundry and new kitchen in the new facility as well. The cost for services will be provided to LC. WCG will have their own administrative officer, similar to the Lt., who will man the building. There is a percentage that could come back to the county on an annual basis. LCDC would be filled first, then WCG would be filled with inmates. A public/private partnership (PPP) would be formed so that employees could be shared if necessary. The majority of the employees will be county, with the exception of a few, including the pod. The employees working in WCG will be paid for by WCG but they will be county employees. It is estimated that 25 new employees will be needed once all of the sections are open and housing 132 inmates. Ed W. has been working with Nathan
Adams; they are looking at the possibility of a solid waste treatment plant below. The plant will cost about $150,000. PPU then would be able to help them maintain it but the gray water could be used below for the golf course and other areas. Ed made a motion to move forward and study the ground lease agreement and then meet on October 26 at 9 a.m.; seconded by Kevin. Using gray water is a major project that involves EPA. Vaughn Higbee suggested that prior to installing and planning on the gray water, they find out what the actual costs are. All voted in favor.


Kevin made a motion to approve and sign the Notification of Grant Award for LC Senior Services Nutrition, which extends the grant period to December 31, 2012 and provides $4,135 in supplemental funding for a total of $22,440; seconded by Ed. All voted in favor.


Chuck Reno of Farr West Engineering presented a project for Alamo Sewer and Water GID. A master plan, capital improvements plan, water resource plan, and water rights plan are the four components being proposed for CDBG project. Routine maintenance is greatly enhanced with an asset database. A master plan details all of the system deficiencies. The objective of this project is to build off the foundation mapping and GIS database to plan for water and sewer improvements to bring the system up to current NAC requirements. The master plan, capital improvement plan, water resource plan, and water rights plan are requested under this grant application and will include the following significant items: 1. updating of the GIS, 2. wastewater water system collection analysis, 3. updating water system hydraulic analysis (water model), 4. evaluation of the condition of existing utility infrastructure, 5. comprehensive capital improvement plan, 6. analysis of financial status and development of funding strategy, 7. water resource planning, and 8. water rights planning. The total grant request is for $65,000; $7,000 will be donated by the GID for in-kind. Nathan Adams, Pioche Town, presented a request for the last of the sewer improvement projects, Buck Avenue. Buck Ave. is a dirt road and approximately 87% of Pioche’s sewer goes through that area. This is one of the areas that leaches the most sewer. The estimated cost of the project is $90,000. Gary Elmer, Panaca Town, presented a request to fund a study of the existing dike and its critical sections. This engineering study will identify areas of critical concern and what must be done to correct it. Elaine Zimmerman, Grants Administrator, advised that Pioche and Panaca will have to do surveys. 51% or better LMI must be proven. Elaine asked that the Board members rank the projects. Paul D. stated that there is definitely a health issue to be considered with the Pioche project. The survey will identify income. Kevin made a motion to rank the projects as 1. Pioche, 2. Alamo, and 3. Panaca; seconded by Paul D. All voted in favor.


Kevin made a motion to approve and sign the Community Development Block Grant Notice of Award to De-Obligate Funds in the amount of $19.50 for the NV Small Business Development Center Community Assessments and Planning Award; seconded by Ed. All voted in favor.


COMMISSIONER KEVIN PHILLIPS reported that he and Paul D. went to Ely on 10-10 for training concerning negotiations. COMMISSIONER TOMMY ROWE stated that he and Paul D. attended a meeting sponsored by the USPS in Panaca with regards to reducing/stopping services to the community. The post office will have shortened hours. Tommy and Paul D. also met last Thursday with Teamsters representatives and the DA with regards to the “no layoffs” clause. A statement will be included that says that in the event of layoffs in the county Teamsters will be notified in advance. They will have 14 days to respond. Last week Tommy was served with papers addressed to the LC Commissioner. He was directed to furnish materials with regards to the lawsuit between Coyote Springs and Bright Source. Denice Brown is working to collect the documents by 10- 18. COMMISSIONER ED HIGBEE met with Steve Medlin concerning the BLM land around his ranch. Ed met with Joe Sharp concerning land disposals in the Pahranagat area. COMMISSIONER PAUL DONOHUE enjoyed the negotiations training. Paul D. attended the negotiations meeting with Teamsters. Paul D. stated that he is glad they aren’t closing the post office in Panaca.


Tommy called for public comment. Adam Katschke reminded the Board members that reports are due tomorrow for candidates.


There being no further business for the Board to attend to, Tommy adjourned the meeting at 3:28 p.m.


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