Municipality of Northern Bruce Peninsula Council Meeting Minutes June 26, 2023

502

Members Present: Mayor – Milt McIver, Deputy Mayor – Rod Anderson, Councillor – Todd Dowd, Councillor – Laurie (Smokey) Golden, Councillor – Aman Sohrab

Staff Present: Chief Administrative Officer – Peggy Van Mierlo-West, Clerk – Cathy Addison, Committee/Licensing Coordinator – Lindsay Forbes, Public Works Manager – Troy Cameron, Chief Building Official – Wendy Elliott, Fire Chief – Jack Burt, Parks and Facilities Manager – Mark Coleman

Others Present: Bruce County Planning and Development, Regional Economic Development Coordinator -Christina Tennyson, Bruce County Planning and Development, Economic Development Manager – Jeffrey Loney, Regional Tourism Organization 7, Manager, Stakeholder Relations – Kim Clarke, Shift Solar Inc – Bogdan Dinu, Shift Solar Inc – Grant Johns

Note: Members of Council and staff were present in the Municipal Office Council Chamber and the meeting was held via zoom, an electronic platform, for members of the public to view.

Call to Order and Disclosure of Pecuniary Interest and the General Nature Thereof

Mayor McIver called the meeting to order at 1:00 p.m. and Council members were reminded to disclose any pecuniary interest and the general nature thereof that may arise during the meeting.

Approval of the Agenda 

Clerk, Cathy Addison, noted an addendum to the June 26, 2023, Council Meeting within the Correspondence Section of the agenda as a July 1, 2023, deadline is associated with the item. 

It was noted that the Pike Bay Community Association’s Request for Support has been attached as Correspondence Item # 6.

#16-01-2023

Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Todd Dowd

That the content of the agenda be approved as amended.

Carried

Adoption of the Minutes

Re: Council Meeting No. 23-15, June 12, 2023

#16-02-2023

Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Aman Sohrab

That the minutes of Council Meeting No. 23-15, June 12, 2023, be approved as printed and circulated.

Carried

Public Meeting

Bruce County Planning and Development, Regional Economic Development Coordinator, Christina Tennyson and Economic Development Manager, Jeffrey Loney

Re: Community Improvement Plan 

Bruce County Planning and Development, Regional Economic Development Coordinator, Christina Tennyson and Economic Development Manager, Jeffrey Loney, appeared in person and provided an overview of the purpose of a Community Improvement Plan (CIP).

The following information was noted within the delegation:

· The Northern Bruce Peninsula Official Plan provides a list of criteria for selecting Community Improvement Project Areas (CIPAs). The previous project area covered only the downtown cores of Tobermory and Lion’s Head. This CIP now includes an expansion of these previous downtown CIPAs to encompass the entire municipal boundaries of Northern Bruce Peninsula. Tobermory, Lion’s Head, and Ferndale are defined as priority project areas and will have specific incentives focused on downtown development.

· An overview of incentive programs were presented to Council including Development and Predevelopment Incentives, Building and Property Improvement Incentives, and Bruce County-led Incentives.

Jeffery Loney provided an overview of the process associated with the passing of the Community Improvement Plan.

Clarification was provided on the rationale pertaining to the priority project areas of Ferndale, Lion’s Head, and Tobermory. 

Mayor McIver opened the meeting to questions from the Public at this time.

No public comments were received at this time.

Mayor McIver thanked Christina Tennyson and Jeffrey Loney for their presentation.

#16-03-2023

Moved by Councillor Todd Dowd

Seconded by Deputy Mayor Rod Anderson

That the 2023 Municipality of Northern Bruce Peninsula Community Improvement Plan be approved.

Carried

Delegation

Kim Clarke

Re: Environics Data Presentation on Tourism 

Kim Clarke, Manager of Stakeholder Relations for Regional Tourism Organization 7 (RTO7) appeared in person at the June 26, 2023, Council Meeting.

Mayor McIver welcomed Kim to the Council Meeting.

The following was noted from Kim Clarke’s delegation:

· RTO7 was hired to provide reports on visitation to Northern Bruce Peninsula during 2021 and 2022.

· The following seven locations were identified and Geofenced using Environics Analytics MobileScapes Program:

o Tobermory

o Parks Canada Visitor Centre

o Cyprus Lake

o Singing Sands

o Halfway Log Dump

o Ferndale 

o Lion’s Head

· It was noted that MobileScapes is an anonymized, permission-based data service, which uses data collected from location-enabled mobile devices. 

· Using the Geofences, RTO7 is able to see approximately how many people have visited an area over a defined timeframe.

· An analysis of the data contained within the Geofence Report was provided to Council by Kim Clarke.

· Interpretations of the data contained within the report noted that a significant shift has been observed in visitors with respect to trip duration and reoccurrence. 

· It was noted that in each of the areas identified within this report, most visitors came from the Greater Toronto Area and cities in Southwestern Ontario, such as Kitchener, Guelph and London.

· It was further noted that there was an increase in presence in each of the segments from locals (from all of Bruce and Grey Counties), especially in the National Park.

· Recommendations were presented to Council with respect to the data contained within the Northern Bruce Peninsula Geofence Report.

Councillor Golden inquired regarding the presentation of this report and the associated recommendations to the Tobermory & District Chamber of Commerce.

Kim Clarke noted that a request to present at a Tobermory & District Chamber of Commerce meeting has not yet been received by the RTO7.

Discussion ensued pertaining to the data collected through the Environics Analytics MobileScapes Program.

It was noted that the data could be skewed due to the inconsistency associated with cell coverage within the area. 

Mayor McIver thanked Kim Clarke for their presentation.

Shift Solar

Re: Request for Municipal Support Resolution

Shift Solar Inc representatives, Bogdan Dinu and Grant Johns, appeared in person for their delegation at the June 26, 2023, Council Meeting. 

Mayor McIver, welcomed Bogdan Dinu and Grant Johns to the Council Meeting. 

The following was noted from Shift Solar’s Presentation:

· Shift Solar Inc. is an Ontario-based solar and energy storage developer with clients in Canada and the United States. 

· The company’s goal is to expedite the adoption of green energy initiatives and support the shift to sustainable energy infrastructure.

· It was noted that the Independent Electricity System Operator (IESO) predicts an energy and capacity shortfall as soon as 2026 due to the anticipated retirement of the Pickering Nuclear Generating Station.

· It was noted that the IESO has released a Long-term Request for Proposal (RFP) to competitively procure year-round capacity from dispatchable New Build and Eligible Expansion resources.

o An overview of the timeline associated with the RFP was presented to Council.

· The proposed project – Pike Bay Solar, is proposed to be a 20MW solar + storage system connected to the 44kV distribution lines.

· The location for the proposed project is a 96 acre parcel of agricultural land located on the North-West corner of the intersection of Highway 6 and Little Pike Bay Road. 

o It was noted that this location was chosen due to the physical attributes of the land in addition to its proximity to distribution lines and major roadways.

· Community benefits associated with the approval of the project were noted as followed:

o Grid modernization for greater reliability

o Economic Boost

o Emission Reduction

o Pollinator Habitats

o Conserving Fresh Water Resources 

o Fallow Land

o Supporting Community Growth

· An overview of the next steps associated with the project, including community engagement and Provincial and Municipal consultation was presented to Council.

Shift Solar Inc. requested a Municipal Support Resolution from the Municipality of Northern Bruce Peninsula to meet the mandatory requirement to bid on the RFP from IESO.

Councillor Golden inquired regarding the ability of the grid system to accommodate the installation of the proposed project. She further noted that recent studies conducted by Parks Canada had determined that the grid system on the Bruce Peninsula does not have the capacity to facilitate such energy.

Shift Solar Inc. representative, Grant Johns, noted a prediction for significant energy demand within the next 5 years. It was further stated that Shift Solar Inc. is also looking into capacity storage.

Discussion ensued regarding the grid capacity for the Bruce Peninsula. 

Discussion ensued regarding the utilization of prime and operational agricultural land to accommodate the project.

Mayor McIver thanked Bogdan Dinu and Grant Johns for their presentation.

It was noted that Chief Administrative Officer, Peggy Van Mierlo-West, will bring a report to Council with more information regarding the proposed project pertaining to the request for a Municipal Support Resolution for Shift Solar Inc.

Consideration of Agenda Items

1. Committee and Licensing Coordinator Report No. CLC 23-04

Re: Short-term Accommodations By-law Amendments – By-law 2023-49

Councillor Golden requested clarification on Section 8.5 with respect to the 2 year term for a revoked Short-term Accommodation Licence. 

Following Council discussion, members of Council supported a 1 year term for a revoked Short-term Accommodation Licence.

#16-04-2023

Moved by Councillor Todd Dowd, Seconded by Deputy Mayor Rod Anderson

That Council receives CLC Report No. 23-04, entitled “Short-term Accommodation By-law Amendments – By-law 2023-49” as information; and

That By-law No. 2023-49 – Being a By-law to Amend By-law No. 2021-84 A By-Law to Establish a By-law to Manage Short Term Accommodations for the Municipality of Northern Bruce Peninsula be presented and considered for passage at the July 10, 2023, Council meeting; and 

That Section 8.5 be amended to reflect a 1 year term for a revoked licence.

Carried

2. Public Works Manager Report No. PW 23-16

Re: 2022 Structure Inspection Report 

Public Works Manager, Troy Cameron, noted that a report will be coming to Council at a later date pertaining to replacement options for the bridges located on Concession 4 and Side Road 10.

#16-05-2023

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That Council receives Public Works Department Report PW 23-16 titled 2022 Structure Inspection Report as prepared by WSP Canada Inc; and

That Council supports the passage of By-law 2023-41, being a by-law to restrict the weight of vehicles passing over municipal bridges, at its regular meeting of June 26, 2023.

Carried

3. Public Works Manager Report No. PW 23-20

Re: Plow Truck Purchase

#16-06-2023

Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Todd Dowd

That Council receives Public Works Department Report PW 23-20 titled Plow Truck Purchase; and 

That Council authorizes staff to proceed with the purchase of a 2024 Freightliner FL114SD from Viking-Cives Ltd. for $380,375, plus HST., and 

That the cost of the truck be included in the 2024 capital budget. 

Carried

4. Public Works Manager Report No. PW 23-21

Re: Hayes Drive Storm Sewer

It was noted that the Fern Creek Municipal Drain flows West into Lake Huron as opposed East into Georgian Bay.

It was noted that a study will be conducted regarding the capacity of the Fern Creek Municipal Drain prior to proceeding with the project.

#16-07-2023

Moved by Councillor Aman Sohrab, Seconded by Deputy Mayor Rod Anderson

That Council receives Public Works Department Report PW 23-21 titled Hayes Drive Storm Sewer, and

That Council authorizes GM BluePlan Engineering Limited to proceed with its proposed Engineering Work Plan at an estimated cost of $30,000 to $40,000, and

That Council authorizes staff to continue negotiations with the affected private landowner for the installation of infrastructure within private property.

Carried

5. Chief Building Official Report No. BD 23-12

Re: Trailer Agreement

Applicant/Owner (s):Mr. Robin Hingston

Ms. Nancy Hingston

Plan D-12 Pt Units 12 & 13 RP3R 5944 Part 2

29 Walter Charman Drive, Municipality of Northern Bruce Peninsula, County of Bruce

Assessment Roll No. 41 09 620 005 28406 0000 

#16-08-2023

Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Aman Sohrab

That the Trailer Agreement requested by Mr. Robin Hingston and Ms. Nancy Hingston for the property legally described as Plan D-12 Pt Units 12 & 13 RP3R 5944 Part 2; 29 Walter Charman Drive (Assessment Roll No. 41 09 620 005 28406 0000) Municipality of Northern Bruce Peninsula be approved, and;

That the owner acknowledges that the building being constructed will be substantially completed and ready for occupancy within one (1) year from date of signing of the Trailer Agreement. 

Carried

6. Chief Building Official Report No. BD 23-13

Re: No Demand for Services Site Plan Control Agreement 

Owner: Mr. Brian Steven Edmonstone

Con 4 WBR Pt Lot 26, 12 Green Cedar Drive 

Assessment Roll No. 4109-620-003-08200-0000

Property Identifier Number (PIN): 33110-0253 (LT)

#16-09-2023

Moved by Councillor Aman Sohrab, Seconded by Councillor Todd Dowd

That, registration of a No Demand for Services Site Plan Control Agreement requested by Mr. Brian Steven Edmonstone, owner of the property legally described as Con 4 WBR Pt Lot 26 and located at 12 Green Cedar Drive, Municipality of Northern Bruce Peninsula be approved.

Carried

7. Chief Building Official Report No. BD 23-14

Re: Lift Holding (H) Zone

Owners: Mr. Brian Steven Edmonstone Con 4 WBR Pt Lot 26, 12 Green Cedar Drive

Assessment Roll No. 4109-620-003-08200-0000

#16-10-2023

Moved by Councillor Todd Dowd, Seconded by Councillor Laurie (Smokey) Golden

That the removal of the Holding “H” zone requested by Mr. Brian Steven Edmonstone of the property legally described as Con 4 WBR Pt Lot 26; 12 Green Cedar Drive, Municipality of Northern Bruce Peninsula be approved, and;

The passage of By-law No. 2023-56 being a by-law to lift the Holding “H” zone, at its Council meeting on Monday June 26, 2023.

Carried

8. Parks and Facilities Manager Report No. PF 23-04

Re: RFP Results for Tobermory and Lion’s Head Playgrounds

Discussion ensued regarding a lack of community consultation concerning the purchase of playground equipment.

Councillor Golden abstained from voting on Parks and Facilities Manager Report No. PF 23-04.

#16-11-2023

Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Todd Dowd

That Council receives Parks and Facilities Report PF 23-04 regarding RFP Results for Tobermory and Lion’s Head Playgrounds as information, and

That Council accepts the proposal from ABC Recreation Ltd dated June 8, 2023 for the design, supply and installation of new playground and swings equipment at the Tobermory School Bell Park and Lion’s Head Beach Park in the amount of $138,947.73 + HST.

Carried

9. Municipal Law Enforcement Officer Report No. MLEO 23-06

Re: Bylaw Enforcement Officer Appointments 2023

#16-12-2023

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That Council receives MLEO Report 23-06 with regards to Bylaw Enforcement Officer Appointments Updates; and

That Council considers the passage of By-law No. 2023-58 appointing said individuals as Municipal Law Enforcement Officers, at today’s meeting.

Carried

10. Clerk Report No. C 23-20

Re: Requests for Comments NEC

File Number: B/R/2023-2024/109

Applicant: Antoin Diamond, Bruce Trail Conservancy

Owner: Paula Blagrave, Kerry Blagrave, Julie Emond

Location: Part Lot 13, Concession 12 EBR, Municipality of Northern Bruce Peninsula (Eastnor)

410962000910500

#16-13-2023

Moved by Councillor Aman Sohrab, Seconded by Deputy Mayor Rod Anderson

That Council directs staff to submit the Municipality’s no comments to the Niagara Escarpment Commission (NEC), regarding the Development Permit application submitted by the applicant, Antoin Diamond, Bruce Trail Conservancy on behalf of the owners, Paula Blagrave, Kerry Blagrave, and Julie Emond for the property known Part Lot 13, Concession 12 EBR, Municipality of Northern Bruce Peninsula (Eastnor), County of Bruce is seeking approval to sever a lot for conservation purposes and undertake the following:

To sever +/- 9.7 ha (24 acres) from the subject lands which are composed of 19.4 ha (48 acres) of vacant land for the purposes of creating a conservation lot to secure a portion of the Bruce Trail optimum route and to protect the lands in perpetuity.

Carried

11. Clerk Report No. C 23-21

Re: Integrity Commissioner Extension

#16-14-2023

Moved by Councillor Todd Dowd, Seconded by Councillor Aman Sohrab

That Council receive Clerk Report C-23-21, entitled “Extension of the current Integrity Commissioner Contract”; and

That Council authorize the Mayor and Clerk to execute an Amendment to the Agreement for Integrity Commissioner Services between the Municipality of Northern Bruce Peninsula and Aird and Berlis LLP, contract to continue to December 31, 2026.

Carried

12. Clerk Report No. C 23-22

Re: Municipal Accommodation Tax (MAT) – Clarification Enforcement Date of By-law 2023-51

Councillor Sohrab noted that the Tobermory & District Chamber of Commerce would like to present a delegation to Council pertaining to the Expansion of the Municipal Accommodation Tax.

Discussion ensued regarding the deferral of the report until a delegation from the Tobermory & District Chamber of Commerce can appear before Council.

#16-15-2023

Moved by Councillor Aman Sohrab, Seconded by Deputy Mayor Rod Anderson

That Council receive Clerk Report C-23-22, entitled “Municipal Accommodation Tax – Clarification Enforcement Date of By-law 2023-51”; and

That Council adopt By-law 2023-51, being a by-law to impose a Transient Municipal Accommodation Tax with the Municipality of Northern Bruce Peninsula, that includes the definitions of additional accommodations, effective January 1, 2024, at today’s meeting.

Deferred

13. Clerk Report No. C 23-23

Re: Council Meeting Schedule 2024

#16-16-2023

Moved by Councillor Laurie (Smokey) Golden, Seconded by Councillor Todd Dowd

That Council approves an exemption to Section 46 of the Procedural By-law (No. 2021-08) wherein the scheduling of its regular Council meetings at 1 p.m. in the Council Chambers for the dates in 2024, as follows:

Cancelled: Rescheduled to:

Monday, October 14, 2024 Tuesday, October 15, 2024 (due to Thanksgiving holiday) 

Monday, November 11, 2024 Tuesday, November 12, 2024 (due to Remembrance Day falling on a Saturday)

Monday, December 23, 2024 Monday, December 16, 2024 (due to the 23rd being close to Christmas holidays)

Carried

14. Clerk Report No. C 23-24

Re: Fees and Charges By-law No. 2023-59 – Proposed Amendments and/or Additions

A spelling error was noted in Section 1 of By-law No. 2023-59 with regard to Livestock investigator fees, as the by-law currently states $60 per house as opposed to $60 per hour.

#16-17-2023

Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Todd Dowd

That Council holds a Public Meeting on Monday, July 10, 2023, at 1:00 p.m. with respect to the proposed amendments and/or additions to the Municipality’s Fees and Charges By-law; and

That Council following discussions and review, if any changes and/or additions, Council direct staff accordingly.

Carried

Other Business

Councillor Golden inquired pertaining to the responsibility of Bruce County to maintain the fixtures within the Tobermory Ambulance Base. She further stated that replacing the toilets to ensure that the current models do not run constantly throughout the day would assist in the water issues currently facing the surrounding facilities, including the Tobermory Ambulance Base.

Mayor McIver noted that staff will investigate this inquiry.

Correspondence

1. Rick Byers, MPP – Media Release (Information)

Re: Ontario Expanding and Investing in Palliative Care in Bruce-Grey-Owen Sound

2. Lisa Gitterman (Information)

Re: Fireworks By-law 2022-21 amending Fireworks By-law 2014-25

It was noted that Chief Burt has contacted Lisa Gitterman regarding this correspondence. 

It was noted that no fireworks displays are permitted within the Provincial Restricted Fire Zone.

3. AMCTO’s 2023 Awards Gala (Information)

Re: E.A. Danby Award Recipient – Municipality of Northern Bruce Peninsula

Members of Council congratulated staff on this achievement.

Chief Administrative Officer provided a brief overview on data gathered since the launch of the Municipality’s new website. 

#16-18-2023

Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Aman Sohrab

That correspondence items # 1, 2 and 3, be received as information as printed and circulated.

Carried

4. Resolution -The Women of Ontario Say No (Information)

Re: Legislative Amendments to Improve Municipal Codes of Conduct and Enforcement

#16-19-2023

Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Aman Sohrab

That Council supports the following resolution from The Women of Ontario Say No; 

Whereas, all Ontarians deserve and expect a safe and respectful workplace;

Whereas, municipal governments, as the democratic institutions most directly engaged with Ontarians need respectful discourse;

Whereas, several incidents in recent years of disrespectful behaviour and workplace harassment have occurred amongst members of municipal councils;

Whereas, these incidents seriously and negatively affect the people involved and lower public perceptions of local governments;

Whereas, municipal Codes of Conduct are helpful tools to set expectations of council member behaviour;

Whereas, municipal governments do not have the necessary tools to adequately enforce compliance with municipal Codes of Conduct;

Now, therefore be it resolved that Municipality of Northern Bruce Peninsula supports the call of the Association of Municipalities of Ontario for the Government of Ontario to introduce legislation to strengthen municipal Codes of Conduct and compliance with them in consultation with municipal governments;

Also be it resolved that the legislation encompass the Association of Municipalities of Ontario’s recommendations for: 

• Updating municipal Codes of Conduct to account for workplace safety and harassment 

• Creating a flexible administrative penalty regime, adapted to the local economic and financial circumstances of municipalities across Ontario

 • Increasing training of municipal Integrity Commissioners to enhance consistency of investigations and recommendations across the province 

• Allowing municipalities to apply to a member of the judiciary to remove a sitting member if recommended through the report of a municipal Integrity Commissioner 

• Prohibit a member so removed from sitting for election in the term of removal and the subsequent term of office 

Carried

5. Resolution – Municipality of West Grey (Information)

Re: Bell-Hydro Infrastructure

#16-20-2023

Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Aman Sohrab

That Council supports the following resolution from the Municipality of West Grey:

That in consideration of correspondence received from the Municipality of Tweed respecting a resolution on Bell-Hydro Infrastructure, council supports the resolution and directs staff to forward a copy of the resolution to the Premier of Ontario, the Association of Municipalities of Ontario, MPP Rick Byers, and all Ontario municipalities.

Carried

6. Pike Bay Community Association (Direction)

Re: Request for Support – Community Foundation Grey Bruce Capital Grant

#16-21-2023

Moved by Councillor Laurie (Smokey) Golden

That the Council of the Municipality of Northern Bruce Peninsula supports the Pike Bay Community Association applying for a capital grant from the Community Foundation Grey-Bruce Organization.

Carried

Reading of By-laws

By-law 2023-41

Being A By-law to Restrict the Weight of Vehicles Passing Over Municipal Bridges 

By-law 2023-51

Being a By-law to Impose a Transient Municipal Accommodation Tax Within the Municipality of Northern Bruce Peninsula.

It was noted that By-law 2023-51 was deferred with Report No. C 23-22.

By-law 2023-52

Being a By-law to Adopt an Asset Retirement Obligations Policy 

By-law 2023-56

Being a By-law to Amend By-law No. 2002-54, as Amended, Being the Comprehensive Zoning By-law for the Municipality of Northern Bruce Peninsula As it relates to the Removal of the Holding (H) Zone Provision – Con 4 WBR Pt Lot 26; 12 Green Cedar Drive, Municipality of Northern Bruce Peninsula

By-law 2023-60

Being A By-Law to Confirm the Proceedings of the Council Meeting of The Corporation of The Municipality of Northern Bruce Peninsula Held Monday, June 26, 2023

#16-22-2023

Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Aman Sohrab

That by-laws, 2023-41, 2023-52, 2023-56, and 2023-60, be given 1st, 2nd, and 3rd reading, and enacted.

Carried

Closed Session

#16-23-2023

Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Aman Sohrab

That Council move into closed meeting at 2:46 p.m. pursuant to Section 239 (2) of The Municipal Act, 2001, as amended, for the following reasons: (b) personal matters about an identifiable individual including municipal or local board members; (Personnel – Human Resources Issues)

Carried

Reconvene from Closed Session to Resume Council Meeting

#16-24-2023

Moved by Deputy Mayor Rod Anderson, Seconded by Councillor Laurie (Smokey) Golden

That Council reconvenes from Closed Session at 3:00 p.m. and resumes the Council meeting.

Carried

Following Closed Session, Mayor McIver advised that Council approved the previous minutes of May 23, 2023, the CAO presented an on an overview and a personnel matter and Council provided direction to the CAO.

Adjournment

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#16-25-2023

That the meeting adjourns at 3:02 p.m.

Carried