Body: Council Type: Minutes Meeting: Regular Date: July 20, 2022 Collection: Council Minutes Municipality: Frontenac County
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Document Text
MINUTES OF THE REGULAR MEETING OF COUNCIL July 20, 2022
A regular meeting of the Council of the County of Frontenac was held in the Frontenac Room of the County Administrative Office, 2069 Battersea Road, Glenburnie on Wednesday, July 20, 2022 at 9:30 AM
Present:
Warden Fran Smith, Deputy Warden Ron Vandewal, Councillors Ron Higgins, Denis Doyle, Bruce Higgs, Bill MacDonald, Gerry Martin and Alan Revill
Also Present:
County: Kelly Pender, Chief Administrative Officer Gale Chevalier, Chief/Director of Emergency & Transportation Services Joe Gallivan, Director of Planning and Economic Development Alex Lemieux, Director of Corporate Services/Treasurer Susan Brant, Administrator-Fairmount Home Barb McCulloch, Director of Human Resources Jannette Amini, Manager of Legislative Services/Clerk
Regular Meeting of Council Minutes July 20, 2022 -9:30 AM
Closed Session
Motion #: 116-22
Moved By:
Councillor MacDonald
Seconded By:
Councillor Revill
Resolved That Council resolve itself into Committee of the Whole closed session as authorized under Section 239 of The Municipal Act, to consider:
- Adoption of Closed Minutes of Meetings held June 15, 2022
- Labour relations or employee negotiations - as it relates to negotiations with CUPE 2290; CUPE 109; OSPEU 462
- Advice that is subject to solicitor-client privilege, including communications necessary for that purpose - as it relates to a request made under the Municipal Freedom of Information and Protection of Privacy Act for legal opinions provided to Council and received by Council in Closed Session Carried
Motion #: 117-22
Moved By:
Councillor Higgs
Seconded By:
Councillor Martin
Resolved That Council rise from Closed Session, that the rules of Procedural By-law No. 2013-0020 be waived and the Warden report Carried
Motion #: 118-22
Moved By:
Councillor Smith
Seconded By:
Councillor Vandewal
Regular Meeting of Council Minutes July 20, 2022 -9:30 AM Page 2 of 25
Be It Resolved That the Council of the County of Frontenac authorize the extension of the temporary Human Resources Coordinator position to December 31, 2024. Carried
Approval of Addendum
Disclosure of Pecuniary Interest and General Nature Thereof
Adoption of Minutes
a)
Minutes of Meeting held June 15, 2022
Motion #: 119-22
Moved By:
Councillor Revill
Seconded By:
Councillor MacDonald
Resolved That the minutes of the regular Council meeting held June 15, 2022 be adopted. Carried
b)
Minutes of Special Public Meeting held July 13, 2022
Motion #: 120-22
Moved By:
Councillor Martin
Regular Meeting of Council Minutes July 20, 2022 -9:30 AM Page 3 of 25
Seconded By:
Councillor Higgs
Resolved That the minutes of the Special Public Meeting of Council held July 13, 2022 be adopted. Carried
Deputations and/or Presentations
Proclamations
Move into Committee of the Whole
Motion #: 121-22
Moved By:
Councillor Vandewal
Seconded By:
Councillor Smith
That Council adjourn and meet as Committee of the Whole Council, with the Deputy Warden in the Chair. Carried
Briefings
a)
Mr. Kelly Pender, Chief Administrative Officer, provided Council with his monthly CAO briefing.
Regular Meeting of Council Minutes July 20, 2022 -9:30 AM Page 4 of 25
Unfinished Business
Recommend Reports from the Chief Administrative Officer
a)
2022-075 Corporate Services Restricted acts after Nomination Day – Delegation of Authority to Chief Administrative Officer to authorize unbudgeted expenditures in excess of $50,000 related to the re-development of the County Administration Building and the Paramedic Station at 2069 Battersea Road
Motion #: 122-22
Moved By:
Councillor MacDonald
Seconded By:
Councillor Higgs
Be it Resolved That By-law 2016-0006, being by-law to establish a Delegation of Authority Policy and to authorize the delegation of certain powers and duties under the Municipal Act, 2001, the Planning Act and other Acts, be amended to add Schedule C as follows:
- That in addition to those delegations of authority listed in Schedule B provided to the Chief Administrative Officer, the Chief Administrative Officer, or their delegate, is delegated the authority to: a. approve any expenditures, enter into any agreements and/or other legal documents, and incur any other liability for unbudgeted emergency expenditures related to the re-development of the County Administration Building and the Paramedic Station at 2069 Battersea Road;
- That upon the termination of this delegation of authority, the Chief Administrative Officer shall report to Council of any exercise of a power or duty delegated under this By-Law;
Regular Meeting of Council Minutes July 20, 2022 -9:30 AM Page 5 of 25
3. That the delegation of powers and authority under this By-Law will only take effect and be limited to the time that County Council is subject to the restricted acts under Section 275 of the Municipal Act. Carried
b)
2022-076 Corporate Services Removal of Delegated Authority in absence of Council Authorization
Motion #: 123-22
Moved By:
Councillor Smith
Seconded By:
Warden Doyle
Be it Resolved That By-law 2016-0006, being by-law to establish a Delegation of Authority Policy and to authorize the delegation of certain powers and duties under the Municipal Act, 2001, the Planning Act and other Acts, be amended as follows:
- That Schedule B be amended to remove from the Chief Administrative Officer, or their delegate, the delegated authority to: a. approve any expenditures, enter into any agreements and/or other legal documents and incur any other liabilities which were part of the 2020 Budget; b. approve any expenditures, enter into any agreements and/or other legal documents, and incur any other liability for unbudgeted emergency expenditures related to COVID-19; c. Make changes to Human Resources and Procurement policies and procedures as they pertain to staffing and operations; d. amend due dates for requisition from Townships of Tax levy in consultation with member municipalities and; e. implement matters that Council has approved subject to modification as deemed necessary to address circumstances related to COVID-19. Carried
Regular Meeting of Council Minutes July 20, 2022 -9:30 AM Page 6 of 25
c)
2022-078 Corporate Services New Loan Application to Ontario Infrastructure and Lands Corporation
Motion #: 124-22
Moved By:
Councillor Vandewal
Seconded By:
Councillor Martin
Be It Resolved That the Corporate Services – New Loan Application to Ontario Infrastructure and Lands Corporation report be received; And Further That Council of the County of Frontenac pass a by-law later in the meeting authorizing the submission of an application to Ontario Infrastructure and Lands Corporation (“OILC”) for the long-term financing of certain capital work(s) of the Corporation of the County of Frontenac (the “municipality”); and to authorize the entering into of a Rate Offer Letter Agreement pursuant to which the municipality will issue debentures to OILC. Carried
d)
Consultant Briefing: Mr. Phil Goodfellow, G architects, provided County Council with a briefing regarding the Fairmount Home ReDevelopment Project. [See Recommend Reports from the Chief Administrative Officer, clause e)]
e)
2022-077 Fairmount Home Redevelopment Study
Regular Meeting of Council Minutes July 20, 2022 -9:30 AM Page 7 of 25
Motion #: 125-22
Moved By:
Councillor Revill
Seconded By:
Councillor MacDonald
Be it Resolved That the Council of the County of Frontenac receive for information the Fairmount Home - Redevelopment Study report prepared by G architects; And Further That the Council of the County of Frontenac direct staff to incorporate recommendations into the Fairmount Home’s Business Plan and Project Proposals for future consideration by Council. Carried
f)
2022-079 Planning and Economic Development Request to declare lands as surplus for the purpose of granting a quit claim for a 0.48-acre parcel along the Frontenac K&P trail; Part of Lot 5, Concession 2, Geographic Township of Hinchinbrooke, Township of Central Frontenac
Motion #: 126-22
Moved By:
Councillor Higgs
Seconded By:
Councillor Smith
Resolved That the Council of the County of Frontenac receive the Planning and Economic Development report – Request to declare lands as surplus for the purpose of granting a quit claim for a 0.48-acre parcel along the Frontenac K&P trail; Part of Lot 5, Concession 2, Geographic Township of Hinchinbrooke, Township of Central Frontenac; And Further That in accordance with By-law Number 17-1995, the Council of the County of Frontenac pass a by-law later in the meeting to declare lands legally described as number 11344 of instrument number FR204629 (subject to confirmation by legal), Part of Lot 5, Concession 2, Geographic Township of Hinchinbrooke, Township of Central Frontenac as surplus, for the purpose of granting a quit claim to clear up an overlapping discrepancy in title.
Regular Meeting of Council Minutes July 20, 2022 -9:30 AM Page 8 of 25
And Further That Council of the County of Frontenac authorize staff to execute the necessary legal agreements to provide the above-noted quit claim subject to the following conditions:
- All surveying and legal fees be borne by the landowner;
- The County maintains a 66-foot right-of-way for the existing K&P trail corridor; and, And Further That the Clerk be directed to give public notice of Council’s intention in accordance with By-Law Number 17-1995. Carried
g)
2022-081 Planning and Economic Development Authorization to use Capital Reserve for Elbow Creek Bridge Replacement
Motion #: 127-22
Moved By:
Councillor Vandewal
Seconded By:
Warden Doyle
Be It Resolved That Council direct staff to proceed with the replacement of the Elbow Creek Bridge; And Further That Council authorize the use of $300,000 in reserve funds from the Capital Replacement Reserve for the removal and replacement of the Elbow Creek Bridge. Carried
h)
2022-082 Planning & Economic Development
Regular Meeting of Council Minutes July 20, 2022 -9:30 AM Page 9 of 25
Authorization to enter into an Memorandum of understanding Agreement with the Frontenac Arch Biosphere
Motion #: 128-22
Moved By:
Councillor Martin
Seconded By:
Councillor Revill
Be It Resolved That the Council of the County of Frontenac receive the Planning & Economic Development - Authorization to enter into a Memorandum of Understanding Agreement with the Frontenac Arch Biosphere Report; And Further That County Council authorize staff to enter into a Memorandum of Understanding agreement with Frontenac Arch Biosphere Network to participate in the FABExperiences Program Carried
i)
2022-083 Planning & Economic Development Authorization to participate in the RTO 9 Drive for Excellence Program
Motion #: 129-22
Moved By:
Councillor MacDonald
Seconded By:
Councillor Higgs
Be It Resolved That the Council of the County of Frontenac receive the Planning & Economic Development - Authorization to participate in the RTO 9 Drive for Excellence Program Report; And Further That County Council authorize staff to enter into a Memorandum of Understanding with Regional Tourism Organization 9 (RTO 9) in order to participate in the Drive for Excellence Program
Regular Meeting of Council Minutes July 20, 2022 -9:30 AM Page 10 of 25
Carried
j)
2022-084 Planning and Economic Development Request to Declare Lands as Surplus for the Purpose of a Right-ofWay over the Frontenac K&P Trail at PT LT 16-17 CON 1 and PT LT 16 CON 2, Geographic Township of Hinchinbrooke, Township of Central Frontenac
Motion #: 130-22
Moved By:
Councillor Smith
Seconded By:
Warden Doyle
Resolved That the Council of the County of Frontenac receive the Planning and Economic Development report – Request to Declare Lands as Surplus for the Purpose of a Right-of-Way over the Frontenac K&P Trail at PT LT 16-17 CON 1 and PT LT 16 CON 2 in Geographic Township of Hinchinbrooke, Township of Central Frontenac; And Further That in accordance with By-law Number 17-1995, the Council of the County of Frontenac pass a by-law at a future meeting to declare the subject lands surplus for the purpose of granting a right-of-way over part of the K&P Trail right-of-way for the purpose of accessing this newly created lot. And Further That Council of the County of Frontenac authorize staff to execute the necessary legal agreements to provide the above-noted legal right-of-way to the adjacent landowner subject to the following conditions:
- All surveying and legal fees be borne by the landowner;
- The right-of-way across the K&P Trail shall be surveyed to ensure access from Ball Road to both lots located along the western edge of the K&P Trail, a length of approximately 160 metres, as per the concept drawing included in Appendix A of this report;
- The crossing location will also provide public access to the K&P Trail from Ball Road, and this access will be reflected in the final agreement. A small parking area will be constructed on County property south of the Ball Road access at a future date, pending appropriate approvals.
Regular Meeting of Council Minutes July 20, 2022 -9:30 AM Page 11 of 25
4. The trail crossing on County lands will be upgraded, at the expense of the applicant, to the Frontenac County Private Roads (Lanes) Study standards, and in such a way to ensure the trail surface will not be exposed to unnecessary damage or deterioration from the improved crossing. Consideration will also be given to drainage. This work will be completed to the satisfaction of the Manager of Economic Development, or their designate. Carried
k)
2022-087 Planning and Economic Development Operational Update and requirement for trail passes on the Frontenac K&P Trail
Motion #: 131-22
Moved By:
Councillor Vandewal
Seconded By:
Councillor Martin
Recommendation:
Be It Resolved That County Council receive Report 2021-051 “Planning and Economic Development – Operational Update on the Frontenac K&P Trail”
And Further That staff be directed to renegotiate the partnership agreement with the Verona District ATV Club to implement a trail pass requirement in 2023. Carried
Motion #: 132-22
Moved By:
Warden Doyle
Regular Meeting of Council Minutes July 20, 2022 -9:30 AM Page 12 of 25
Seconded By:
Deputy Warden Higgins
Be It Resolved That Report 2022-087, Operational Update and requirement for trail passes on the Frontenac K&P Trail, be postponed to a later date pending staff negotiating a draft agreement for consideration; And Further That the same offer be extended to the Eastern Ontario Trials Alliance (EOTA); And Further That a public meeting may be held at Council’s discretion. Carried
l)
2022-088 Office of the CAO Approval of Proposal for Paramedic Station at 2069 Battersea Road
[Proposals are still being reviewed by staff. Report to follow under separate cover]
Motion #: 133-22
Moved By:
Councillor Revill
Seconded By:
Councillor MacDonald
Be It Resolved That the Office of the CAO – Approval of Proposal for Paramedic Station at 2069 Battersea Road report be received; And FurtherThat the Council of the County of Frontenac authorize the Warden and Clerk to enter into an agreement with Wemp & Smith Construction Ltd. for the design and build of a paramedic base at 2069 Battersea Road in the amount of $2,499.960. Carried
Regular Meeting of Council Minutes July 20, 2022 -9:30 AM Page 13 of 25
m)
2022-089 Office of the Chief Administrative Officer Authorization to enter into a Lease Agreement with the Cataraqui Region Conservation Authority (CRCA) for a Joint Administrative Facility
Motion #: 134-22
Moved By:
Councillor Higgs
Seconded By:
Councillor Smith
Be It Resolved That the Office of the Chief Administrative Officer – Authorization to enter into a Lease Agreement with the Cataraqui Region Conservation Authority (CRCA) for a Joint Administrative Facility report be received; And FurtherThat the Council of the County of Frontenac authorize the Warden and Clerk to enter into a Lease Agreement with the Cataraqui Region Conservation Authority (CRCA) for a Joint Administrative Facility located at 2069 Battersea Road, Glenburnie. Postponed
Motion #: 135-22
Moved By:
Councillor Vandewal
Seconded By:
Councillor Martin
Be it Resolved That Report 2022-089, Authorization to enter into a Lease Agreement with the Cataraqui Region Conservation Authority (CRCA) for a Joint Administrative Facility, be postponed pending final approval by all parties. Carried
n)
2022-290
Regular Meeting of Council Minutes July 20, 2022 -9:30 AM Page 14 of 25
Office of the Chief Administrative Officer Public Meeting Report and next steps regarding Communal Services Draft Business Case Study
Motion #: 136-22
Moved By:
Councillor Martin
Seconded By:
Councillor Vandewal
Resolved That the Council of the County of Frontenac receive the Office of the Chief Administrative Officer – Public Meeting Report and next steps regarding Communal Services Draft Business Case report for information And Further That the Council of the County of Frontenac approve the Business Case Study based on all input from the Townships and the Public; And Further That the Business Case Study be forwarded to the member municipalities with a request for their consideration prior to August 18, 2022; And Further That Council direct staff to begin the implementation of step 5, being by drafting agreements and documents for approval by all Councils; And Further That the Business Case Study be amended to state:
- That the only municipal contribution will be the start up funding identified in the report
- That no funding will be raised through taxation
Carried as Amended
Motion #: 137-22
Moved By:
Councillor Revill
Seconded By:
Warden Doyle
That the motion be amended to include: And Further That the Business Case Study be amended to state:
Regular Meeting of Council Minutes July 20, 2022 -9:30 AM Page 15 of 25
1. That the only municipal contribution will be the start up funding identified in the report 2. That no funding will be raised through taxation Carried
o)
2022-086 Corporate Services Report of the Procedural By-law Review Committee on the Comprehensive Review of Procedural By-law 2013-0020
Motion #: 138-22
Moved By:
Councillor Revill
Seconded By:
Councillor MacDonald
Be It Resolved That the Council of the County of Frontenac receive the Corporate Services – Report of the Procedural By-law Review Committee on the Comprehensive Review of Procedural By-law 2013-0020 report for information; And Further That the Council of the County of Frontenac approve the draft Procedural By-law; And Further That the Council of the County of Frontenac authorize the Clerk to bring forward a new Procedural By-law later in the meeting, to take effect November 15, 2022. Carried
Motion #: 139-22
Moved By:
Warden Doyle
Seconded By:
Councillor Vandewal
Be It Resolved That the proposed amendment to Section 5.3 be removed and that only the Mayors be eligible to hold the position of Warden and Deputy Warden
Regular Meeting of Council Minutes July 20, 2022 -9:30 AM Page 16 of 25
Lost
Information Reports from the Chief Administrative Officer
a)
2022-080 Fairmount Home Quarterly Update Activity Report
b)
2022-085 Office of the Chief Administrative Officer Key Performance Indicators (KPIs) and Balanced Scorecard Update
Reports from Council Liaison Appointees
a)
Report from Fairmount Home Liaison Councillor Gerry Martin
b)
Report from Corporate Services Liaison Councillor Bill MacDonald
Reports from External Boards and Committees
Reports from Advisory Committees of County Council
Regular Meeting of Council Minutes July 20, 2022 -9:30 AM Page 17 of 25
Return to Council
Motion #: 140-22
Moved By:
Councillor Higgs
Seconded By:
Councillor Smith
That Council revert from Committee of the Whole Council, to Council.
Carried
Adoption of the Report of the Committee of the Whole Council
Motion #: 141-22
Moved By:
Deputy Warden Higgins
Seconded By:
Councillor Vandewal
That the report of the Committee of the Whole Council be adopted and that the necessary actions or by-laws be enacted. Carried
Motions, Notice of Which has Been Given
Regular Meeting of Council Minutes July 20, 2022 -9:30 AM Page 18 of 25
a)
Request by the Township of North Frontenac Re-allocation of Seniors Housing Funds
Motion #: 142-22
Moved By:
Deputy Warden Higgins
Seconded By:
Councillor Martin
That the County transfer the $337.5K which was previously allocated to a senior housing facility to North Frontenac’s Seniors Reserve Fund. Carried
Motion #: 143-22
Moved By:
Councillor Smith
Seconded By:
Councillor Vandewal
That the motion regarding the request from North Frontenac to re-allocate seniors housing funds to North Frontenac’s Seniors Reserve Fund be postponed to the September meeting pending a report from staff on the history of the seniors housing funds and the conditions of the funding. Carried
Giving Notice of Motion
Communications
That Council consent to the following communications of interest to Council listed below be received and filed:
Regular Meeting of Council Minutes July 20, 2022 -9:30 AM Page 19 of 25
a)
From the Municipal Engineers Ass. regarding the Retention of Professional Engineers at Ontario Municipalities [Distributed to Members of County Council June 30, 2022]
b)
From the Municipality of Shuniah regarding a resolution to support release of documents on residential schools [Distributed to Members of County Council June 30, 2022]
c)
Invitation to the Verona Trailhead Ribbon Cutting Ceremony [Distributed to Members of County Council June 30, 2022]
d)
From Tay Valley Township regarding Annual Emergency Exercise Exemption [Distributed to Members of County Council July 8, 2022]
e)
From the Town of West Lincoln regarding a resolution on Bill 109 More Homes for Everyone Act [Distributed to Members of County Council July 8, 2022]
f)
From the Town of West Lincoln regarding a resolution on Funding Support for Infrastructure [Distributed to Members of County Council July 8, 2022]
Regular Meeting of Council Minutes July 20, 2022 -9:30 AM Page 20 of 25
g)
From the Township of Grey Highlands regarding a resolution of support regarding the Voter’s List [Distributed to Members of County Council July 15, 2022]
h)
From the municipality of Shuniah regarding a resolution on expanding the Amber Alert System [Distributed to Members of County Council July 15, 2022]
i)
From the Municipality of Killarney regarding a resolution on the Community Schools Alliance [Distributed to Members of County Council July 15, 2022]
Other Business
Public Question Period
By-Laws – General By-laws and Confirmatory By-law
a)
First and Second Reading
Motion #: 144-22
Moved By:
Councillor Martin
Seconded By:
Councillor Revill
Regular Meeting of Council Minutes July 20, 2022 -9:30 AM Page 21 of 25
Resolved That leave be given the mover to introduce by-laws a) through i) and k) that have been circulated to all Members of County Council and that by-laws a) through i) and k) be read a first and second time. Carried
b)
Third Reading
Motion #: 145-22
Moved By:
Councillor Martin
Seconded By:
Councillor Revill
Resolved That by-laws a) through d) and f) through i) and k) be read a third time, signed, sealed and finally passed. Carried
By-Laws
a)
To approve the submission of an application to Ontario Infrastructure and Lands Corporation (“OILC”) for the long-term financing of certain capital work(s) of the Corporation of the County of Frontenac (the “municipality”); and to authorize the entering into of a Rate Offer Letter Agreement pursuant to which the municipality will issue debentures to OILC [Proposed By-law No. 2022-0020]
b)
To amend By-law 2016-0006 to delegate authority under Section 23.1 (1) of the Municipal Act to the Chief Administrative Officer for
Regular Meeting of Council Minutes July 20, 2022 -9:30 AM Page 22 of 25
expenditures related to the re-development of the County Administration Building and the Paramedic Station at 2069 Battersea Road [Proposed By-law No. 2022-0021]
c)
To Authorize the Warden and Clerk to Enter into a Memorandum of Understanding with Regional Tourism Organization 9 (RTO 9) in order to participate in the Drive for Excellence Program [Proposed By-law No. 2022-0022]
d)
To amend By-law 2016-0006 to establish a Delegation of Authority Policy and to authorize the delegation of certain powers and duties under the Municipal Act, 2001, the Planning Act and other Acts as it relates to deleting of the delegation of additional authority to the Chief Administrative Officer during the COVID-19 Pandemic [Proposed By-law No. 2022-0023]
e)
To declare lands Legally Described number 11344 of instrument number FR204629 (subject to confirmation by legal), Part of Lot 5, Concession 2, Geographic Township of Hinchinbrooke, Township of Central Frontenac Surplus for the Purposes of Correcting a discrepancy in title [Proposed By-law No. 2022-0024]
f)
To Authorize the Warden and Clerk to Enter into a Memorandum of Understanding with agreement with Frontenac Arch Biosphere Network in order to participate FABExperiences Program [Proposed By-law No. 2022-0025]
Regular Meeting of Council Minutes July 20, 2022 -9:30 AM Page 23 of 25
g)
To govern the proceedings of the Council and its Committees, the Conduct of Members and the Calling of Meetings and to Repeal ByLaw Number 2013-0020, Council Procedural By-Law, as Amended, in its Entirety - Short Title: “Procedural By-Law” [Proposed By-law No. 2022-0026]
h)
To Authorize the Warden and Clerk to Enter into an Agreement with Emmons & Mitchell Construction (2000) Ltd for the Renovations & Additions for Joint Admin Facility for the County of Frontenac and Cataraqui Regional Conservation Authority [Proposed By-law No. 2022-0027]
i)
To Authorize the Warden and Clerk to Enter into an Agreement with Wemp & Smith Construction Ltd. for the design and build of a paramedic base at 2069 Battersea Road [Proposed By-law No. 2022-0028]
j)
To Authorize the Warden and Clerk to Enter into a Lease Agreement with the Cataraqui Region Conservation Authority (CRCA) for a Joint Administrative Facility located at 2069 Battersea Road, Glenburnie [Proposed By-law No. 2022-0029]
k)
To confirm all actions and proceedings of County Council on July 20, 2022 [Proposed By-law No. 2022-0030]
Adjournment
Regular Meeting of Council Minutes July 20, 2022 -9:30 AM Page 24 of 25
Motion #: 146-22
Moved By:
Councillor MacDonald
Seconded By:
Councillor Higgs
That the meeting hereby adjourn at 12:33 p.m. Carried
Regular Meeting of Council Minutes July 20, 2022 -9:30 AM Page 25 of 25
