Greenwood City Council Meeting 2022-05-16

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a regular session from a regular meeting from executive sessions in motion necessary for that no we did that in there and just before we get started i guess we we confirmed the quorum before we had a council member that had to leave but i just want to reconfirm that we still have a quorum correct all right thank you all right before we get to the approval consent agenda we uh unfortunately are in a position where we have lost one of our beloved city council members i um i think i speak for all of us in saying that we certainly wish we'd had more time with ms bartlow ms bartlow came with a very unique perspective from her life experiences and was someone that i know on behalf of all council we all look forward to working with for many more years it's with sadness and and on behalf of her family we extend our our deepest condolences i know she was she was a loving mother and grandmother and and she's certainly going to be missed and bishop mcrae we look forward to to the and service tomorrow as well so um it's it's with deep sadness that the the chair for ward 2 is is empty this evening but i know she would she would certainly want us to go on with some some city business uh knowing her so so anyway um if we could have a moment of silence and then you've got a why don't we ask for a moment of silence from this part thank you of course no no amount of no amount of moment of silences is enough to to remember the contributions of someone like her but we will did you have more okay all right all right what do we have uh approval of the consent agenda any further discussion regarding approval and consent agenda all right all in favor of approval of the consent agenda that motion carries unanimously to four votes command council on the poll hearings we have to consider ordinance number 22.011 uh by reasoning one parcel of land approximately 1.07 acres at 10 108 webb avenue from gc general commercial to r12 high density residential second reading and public hearing as a refresher this is the development of a multi-phased apartment complex that is low income portion of it is located in the city that orange parcel and the rest of it is located in the county this is a two phase development phase one has already been approved through the state housing and phase two is uh up for approval now and um just as a refresher the county portion is zone 6 c2 which is a commercial zoning in the county which allows for apartments our comparable zoning which is gc does not allow for apartments so in order to accomplish the full build out of phase two they're requesting r12 for this parcel all right do uh hear a motion with regard to ordinance number 22-0-1-1 with the public hearing is there anyone that wishes to speak in favor of proposed ordinance number 22-011 yes sir if you could state your name and your address for the record and and that's not necessarily for us but i don't know if we're on right now just make sure you speak into that i'm ben elbe address is 295 seven farms drive um we are the developers of the project and obviously in favor so if anybody has any questions i'm here to gladly answer them so thank you for sure i think we i tell you what won't you hang on in case there are um i think we've been briefed on the the issue a good bit but if there are any other questions i want to make sure there's an opportunity questions from council regarding this request and i heard a question there so i'll just answer it uh this is um oh fix my little pointer there would you okay right there this is brewster's so this is um the you know you know brewster's mathis road the old walmart would be like over this way and so the development is this way further down mathis road here this is that car wash that's always crowded is there anyone else that wishes to speak in favor of proposed ordinance number reflect there 22-0111 none is there anyone that wishes to speak in opposition to proposed ordinance number 22-011 let the record reflect there do i hear a motion with regard to proposed ordinance number 22-0-1-1 question to approve ordinance number i 22.011 a motion by mr bass second by mr abels any further discussion regarding ordinance number 22-0-1-1 all in favor of ordinance number 22.011. that motion carries unanimously to four votes we have um two public appearances this evening our first one is ms velma ward law representing a west side coalition planning team come on up miss ward law good evening mr law how are you make sure you put my name we just as you know we got five minutes from okay my name is um velma ward law i'm here representing the west side coalition planning team and we want to thank the city for the positive interactions we've had and working together in the past and hope to continue this in the future first i'd like to thank the police department for the job it's doing in response to calls or events in our area we're looking forward to becoming more acquainted with the community team of two members of which two members we've already met officer william k and courtney clements uh community safety concern since the weather has warmed up now there are more people more gathering of people in some particular places which usually have extra noise sometimes it's loud music but more often it's uh more from mopeds mountain bikes speeding up through the streets even some cars joining the speeding and loud music we are so proud that the streets are repaved and smooth but this can become hazardous we don't want to wait until an accident happens to show concern unsightly refuge concerns the no difference sign at the corner of neil and linda street needs to be replaced it has been removed maybe the poll for the sign could be moved forward from where it is so it could be more easily seen and at one time the tree limbs and the plant foliage had the sign covered also it is is it possible to consider placing cameras near the signs deer cameras or something of that effect to catch the people that continue to dump where they're not supposed to there are no dumping signs on the corner of westchester and spring street that possibly need to be checked also they won't dump near the sign but they move further up in front of the houses that are there and lastly the state of the surrounding of the house at 996 edgefield street we've been told that there is a business there that includes a brick building beside it we understand that ezreal street is zoned for business and we have no problem with that however the problem is the eyesore created by all the paraphernalia old hot tubs plumbing material containers and etc that are being placed in the on the front porch in the front yard close to the sides of the house itself right near the street if the owner has the property owns the property right next to the house why not place those things inside that fence there or at the back of that facility it would seem to me that you'd want your establishment to present itself well to anyone passing by we understand that a new business needs time to get on foot when get start setting up but causing this kind of eyesore on a major traffic street seems a bit too much that type of material possibly should be enclosed in an enclosure of some kind even if it's temporary that way the neighborhood can at least maintain the improvements we've worked so hard to secure and we have so much yet to do and there are some other businesses within the area uh one on mineral street that had a covering over the fence around it to prevent the vehicles how's that from being seen but that coverage is now down and in many of the places that makes it unsightly in the area also and and it's just we want to work together as we keep working to improve our west side neighborhood we want to continue coming forward with our concerns that way we can all strive together to make our community better thanks for the chance to share our uh concerns with you all for any questions for me from the council or anything thank you ms wardlaw i want to say first we appreciate folks that are involved and interested in the appearance of their community so thank you i don't know that i think some some part of your statement was was in form of question i don't personally have answers to the very specific uh questions that you asked i don't believe council does either but and i know some of these issues have been addressed with staff if there are any remaining issues after addressing with staff i know we'd be happy to to get together with you well if anyone wishes to know you know the concerns the areas that we're talking about they can make sure to contact me because i think i have the phone number given and um we'll so we have a question yes what's the name of that business you said 996 edgefield street i don't i don't know the name of it it's not the same that great big two-story house on the corner edge field no it's right on it's filming right above where lindsay street starts besides where old benjamin plumbing used to be okay and i think he supposedly owns that oh built that building too but it's just it's a mess that was 996. yes we've actually ryan looked it up it's been written up for code violation so the staff is addressing it okay okay thank you miss boardville thank you thank you um miss schultz i believe called that she is not appearing this evening so we'll move on to our third public appearance which is miss uh bishop mcrae of morris chapel baptist church thank you julian thank you mr man um just wanted to let you know uh some updates on what's going on with us in our community uh we started a christ connection uh christ changing christ-connected communities on friday nights every friday night i'm out on sumter street uh preaching the gospel if you know anything about sumter street there's some apartments there on something street where there's a lot of activity going on i just wanted you to know in the city council know that four people have come to christ through preaching the gospel and playing with them um and also i've met with some of the people that work that live in those apartment complexes and um they're going to try to do better i like to pick it back on what ms warlow said and i'd like to say this to you all first of all like to say to the city julie and ryan that they're doing the best job they can based upon the trash situation but i have decided to continue my uh saturday trash pickup trash talk pickup and continue to do that um when you call city council it seems as if as soon as when they pick i mean call julie as soon as they pick the stuff up somebody puts this stuff back out the next day so what we decided to do was just take it upon ourselves to help the city to make sure that on sunday mornings before our services you know betty we don't want that trash out on on the street at the church and on sunday so what we've done uh what i've done was just go ahead and just make sure it's clean um and that's just something street and baptist avenue i can't do everything by myself but i do as much as i can but i want to thank um the city manager for all of the uh efforts they have tried to make to clean up this trash situation i can't even imagine what her job is like i can't imagine what a job is like but uh i'm glad y'all retained her and i did call her up to congratulate her uh also i'd like to say that we are working with lakeland's united way and we're going to plant a garden in the back of our church for fresh vegetables we know there are some people that we have been feeding in our community that don't have the opportunity to go to the grocery store to get fresh vegetables so we're working in uh conjunction collaboration with the united way you know marcel and uh the united way of lakeland and we're going to plant a garden um on the two acres of land we have behind the church uh and that is going to be um garden by some of the members of the church some people community and uh i hope and grab um city council is that the people just don't vandalize it and trash it we're taking it we're taking a big chance but we're gonna go out there we're gonna plant grains and squash and tomatoes and things like that and my thing is if they trash and they steal it they must need it so we're gonna go ahead and do that i want to let you know that what's going on also also i want to thank god also for uh to piggyback on what ms warlow said the city police they have uh i call them every friday to come and check on us while we're preaching the gospel on the street just to make sure that nobody acts crazy nobody has done that uh what i'm preaching out there mr mayor everybody comes to their porch uh they'll have some people come and sit on the sidewalk sit on the wall and we have not had any problems and we continue to pray that that will continue to be a positive thing to improve our community thank you for your time i appreciate it what time does that start it starts at six o'clock on fridays every friday yeah we didn't do it last week because it rained and how long have you been doing it um almost a month now so have you seen your crowd grow i'm curious yes yeah yeah like first half like four people and they got like you know they just come out the first day it was nobody the last time we did it there was about 15 people that's cool uh and only like four of them come up and actually stand with us but everybody comes on their porch on something street and um listens to the word and they tell me uh well we don't go to church on sundays but we see that you're to bring it to us on friday so my thing is you don't have to be in church to have church where we'll bring church to you well you got a loud enough voice i don't think you need a megaphone or anything out there but thank you for your time are you doing trash pickups every saturday morning i do it i used to do it on fridays but now that we're doing the um the pre-chain i try to do it on saturdays and i try to do it on saturdays when the people out there and when the crowd gathers it's between like six and eight you know that's when everybody's out there hey a.m yeah you're talking about friends you talking about fridays friday nights the pre-change from like six to seven okay and then saturday the trash pickup is like six to seven okay in the evening in the evening oh okay because it's too hot yeah man yeah well i would i was just clarifying that you didn't mean six a.m because your volunteer base is gonna be small no no no six pm well i tell you what of course you know my wife runs a monthly trash pickup but i've got three little boys like and i can sit along with myself on some of the other weekends so um please please let us know if there's if you're taking a weekend off of course but if if there's we if saturday evening you're planning to do it please let us know happy to spread the word and get out there ourselves well well even in defense of sunken street what little defense i have is that it's not real it's really getting pretty decent now because i'm picking up every week so it's not that much trash to pick up but the trash that is picked up right there at 510 and 512 i bought those two lots from mr scurvy and those two lots are just now my property and sometimes they throw trash in that but i go over there pick it up it's not a whole lot but it's my opportunity to get out there to pick it up and then intermingle with people i use it more uh it's a dualistic type of ministry i do pick up trash but i really really do it to connect with people sure get some steps in today for sure absolutely yeah because united knee surgery and that's why how you doing much better good thank you for that good yes sir we'll see you all tomorrow yes sir i'll see you tomorrow under new business item number one is to consider appointments to the accommodations tax advisory committee we have two vacancies to fill uh one recommended appointee is miss miss former what's her first name i'm sorry amy fulmer that's what i thought but i don't want to say it wrong she would be replacing miss um indira khan tinker if y'all remember she came before city council was appointed i think about a year and a half ago and then almost immediately relocated so miss former has worked in the lodging industry in upstate for 12 years and she's started working with paragon hotels which includes her hampton inn fairfield and holiday and express so she i believe is willing and excited to serve on the a-tax committee our second appointee tonight is mr tyler larkins who will be replacing mr stacy kirby mr larkins owns and operates several local businesses including little caesars they recently bought shipley donuts grouchos what am i missing okay um this is this is on the south end of town the little caesars and the groucho is there where the food lion is and then shipley's was just recently constructed on montague um they also owned larkins electric um he's been a business owner in the city since uh 2005 and attends main street united methodist he's also a graduate of 96. i'll just put that plug in there since that's not on the slide everything's going so well so we'll learn the pain of motion yeah relation to him good motion to appoint amy fulmer and tyler larkins to combinations tax advisory committee are they here yes ma'am miss former is here on well okay anyone want to say anything is there anything that you all would like to add about the opportunity i want to thank you all after we make it official okay second i have a motion by mr bass second by miss bowles any further discussion all in favor of appointment of miss amy former and mr tyler larkins to the accommodations tax advisory committee that motion carries unanimously with four votes both y'all thank you very much for your your time hopefully hopefully we don't take too up too much your time with it we can't pay you what you deserve or anything but we appreciate you your willingness to help out your community so so and y'all y'all's work on this will be very useful to us so thank you very much under new business item number two is to consider ordinance number 22-012 annexing approximate approximately 1.22 acres located at 200 brooks stewart drive this is a strip of property that is owned by the housing authority and is adjacent to coleman terrace apartments which is owned by the housing authority they actually did not know this wasn't in the city they've been going through some a process with all of their properties and um in looking at this i told patrick prince i said you know this strip's not in the city it really should be it's probably an oversight as the housing authority is a an agency that was formed by the city of greenwood so we would recommend approval of this upon annexation the zoning will be assigned r7 which aligns with coleman terrace and gha is actually the owner of it yes do i hear a motion with regard to ordinance number 22-0112 motion to approve ordinance number 22-0-1-2 i have a motion by mr vice second second um any further discussion regarding ordinance number 22-012 all in favor of ordinance number 22-012 that motion carries unanimously with four votes new business item number three is to consider ordinance number 22-013 amending the code of ordinance of the city of greenwood chapter 42 vehicles for hire this is related to an increase in taxi fares so we have an ordinance in place that says that council sets taxi fares within the city limits right now a round-trip fair is set at 10 um there are some other caveats that you can charge for if you're um carrying luggage and and other things but this is only specific to the request to increase the the fare from ten dollars per trip to twelve dollars per trip this ordinance uh the fare hasn't been increased since august 2008 the gentleman that's requesting the increase is citing the increasing cost of fuel and just the general cost of running a business do i hear a motion with regard to ordinance number 22-013 mr duncan here yeah you know i i i think i'm certainly in favor of the increase temporarily while we look at the the the value of having an ordinance at all i mr duncan my general opinion is that mr duncan should be able to charge whatever he wants i don't know why there's why we even have a hand in it but i'm certainly open to hearing any type of reasonable discussion regarding why we should it just it appears there may have been a a point for municipal regulation at one time that but may now be antiquated so um so the city attorney is doing some research on that yeah so that we can vet the pros and cons of maintaining the ordinance as it is now changing it or rescinding it yeah i just you know i just unless there's a strong reason for us to get involved it's hard for me to to sit here and tell mr duncan what he can the capital is his fare should be but um but until that point you know i i certainly favor i think we would have raised it a long time ago probably had he come to us and asked for it but um i agree i agree with you brian i think businesses should be able to charge what they want to charge and customers be able to choose whether they want to take part in their services so i agree with you so thank you tripp for looking into that yeah and especially considering he's probably has to compete with some other ride-sharing apps and businesses at this point what's the uh do you know how old this ordinance is uh i think you said it originally originated in the 60s yeah it was right before home rule kind of came into effect but early we haven't haven't been updated since then oh no it's had some activity that's when it kind of started okay it's been amended amended multiple times any further discussion regarding ordinance number 22.013 all in favor of ordinance number 22-013 that motion carries unanimously with four votes this is a true photo of mr duncan's taxi here oh it goes forward steering wheels on both sides cliff i like that ryan i'm in charge of the graphics i thought i needed a little color under new business item number four is to consider ordinance number 22-014 amending ordinance 18-0-1 which is related to the international fire code just really quickly here we recently identified several sections of this ordinance that needed to be updated they referenced the 2015 code they need to reference the 2018 international fire code we've also gone in and made some adjustments to this ordinance which we'll see in your packet that allows for the automatic introduction anytime a new international fire code is updated so that we don't have to bring this back every you know three years or so when a new code is is introduced so we'll recommend approval of this that's smart do i hear a motion with regard to ordinance number 22-014 motion to approve 22-014 second we have a motion by ms bowles second by mr bass any further discussion regarding ordinance number 22-014 all in favor of ordinance number 22-014 that motion carries unanimously before votes the final item on the agenda tonight is to look at the ordinance for um redistricting i prepared a couple slides here and i just want y'all to bear with me as we kind of as i walk you through kind of where we where we've landed with redistricting so if you recall early on rfa came they they evaluated our current lines and they provided us with this benchmark data which was our starting point so this is as our ward lines are drawn right now state law requires a deviation in population of less than 10 percent and you can see that range down there at the bottom shows that our current the current deviation without changing our ward lines is 26.29 so obviously some changes had to be made some wards needed additional population and that needed to come from others that were overpopulated according to the benchmark so they produced an initial draft map which brought our deviation down to 1.52 percent and has the populations really tight there you can see they range anywhere from 3720 all the way up to 3777 so pretty pretty close deviation there which is exactly what you want we then reached out to them and said hey we noticed that our most recent annexations are not included in this draft and they said oh well that's because the census lines for redistricting are based on a map that was generated in 2019 so in preparation for the census we had to provide them with our lines say we confirmed these are our lines that was done through gis and so any annexations beyond that point are not included in the numbers that you see here so we said hey can you put the annexations in there because that's really not representative of our actual municipal lines so they said sure we'd be happy to do that for you and then when they put them in there we realized that parts of the county were included and so we called them back and we said this is not in our on in our city this is in the county and they said right because you can't split up a census tract so long story short they asked us to drop back they said you guys just need to drop back to this first draft because it's not going to make sense otherwise i'll only tell you that because there's language in the ordinance that addresses the fact that you recognize it's not the municipal boundary but the boundary and annexation survey that was done in 2019. the good news is nobody lives in those in those areas yet so it doesn't impact the population um so we then we asked them to drop back to this third draft data which ryan and i realized today is actually is not accurate but i wanted to share it with you anyway this is the third draft is a slight change that was requested by the representative of ward 5. which then changed the deviation to 8.36 percent um we reached out the rfa and said hey you know we have a council member that wants to make slight change in the map and it's more just about making the map i think look a little bit more cohesive and maybe mr bass can speak to that because it was a swap between world 4 and ward 5 which again changed our deviation at 8.36 percent rfa says to us you're still within the ten percent required by state law but we recommend that you get inside a five percent deviation so but he said it's up to your council you don't have to be within five percent we know that based on the subdivisions that are proved that ward 5 is going to grow in population so that deviation will reduce but we as a staff we feel that you should adopt the first draft that was that was put forward by rfa because i think it it more so meets the intent of what redistricting is supposed to be i know mr miller's not here but we will have public hearing and second reading prior to we can also hold this ordinance if you all choose we could have first reading in june you could table it until the june work session and we could look at it again but we had this all prepared for you and we wanted to present it to you anyway this has to be approved before filing opens for council seats on august the 1st so we have about four meetings to get it done we would just have to have some special called meetings i want to show you real quick so this is the deviation that's recommended which is the 1.52 and it's it keeps the the populations very very tight ignore some of that because we again we realized today that there was a an error in the second in the third draft that we have to address with the rfa but generally speaking this is the draft that staff recommends that you adopt this is the map for draft three which includes that shift this is the draft one map these are the changes i'm gonna show you so right here's the first change um ward 4 and ward 5 were trading um i believe ward jonathan are you blue ward 5 okay that's correct so ward 5 was giving this section here toward four and then ward four was giving this section to ward five just to try to even out those wards a little bit i think that mr and i don't wanna speak for mr miller but i think he felt like it just made more sense did y'all catch that okay because it i don't know it's so hard to move it backwards but this was original plan and this is this is what um matthew was given this was originally part of word four um so he was matthew wanted to keep this portion and give me back this portion same thing so that's that's that's those are the two differences that are there this is where grace street park is this is behind a new spring church this is the correct amount and this is the old one we would request that you adopt the one on the left this is the one that matthew's proposed this was the one that that staff has is recommended before this is a new one the one that you all agreed on that's the one that matthew is proposing is matthew still proposing that one yes now when the when the we realized there was an error again again we had this prepared so if you want to table it until the june work session we can do that but we wanted to go ahead and present it anyway because it was on the agenda it may change the deviation when they update the numbers we just recognized that mr abel's numbers had changed which didn't make any sense between one and three see mr abel's numbers shouldn't have changed at all and his population i mean miss hutto hit her population went down and there was no change made to her ward so something happened and we're not exactly sure what it is and so we reached back out to them and said you must have done something wrong we think they updated these numbers with these numbers meaning that this includes those annexations which have population in the county and not in the city so the table until you can table it for sure but again we had it ready to present so we didn't want to just pull it from the agenda yeah i mean just to make sure the numbers and i also feel like it's important that matthew and nicky here yeah also right that's that that's correct especially if he's specifically making a request i think if you i think if he reruns if our rfa contact adam reruns those deviation numbers and they come in within five percent i think draft three is fine um but otherwise i think we need to as the council work hard to stay within the five percent because that's what's being recommended and um we'll just bring this back in june if you guys want to vote to just table it until the june work session whatever that date is the 6th june the 6th yeah that may it may make more sense just so that something i mean i think everything we we consider up here is important but yeah uh i want i i certainly don't want to leave matthew out of this discussion i just want counselors i just want council to recognize the importance of the fact that we have to have this done before the first august the first and so we only have four meetings to get it done so um it was our hope to take first reading tonight and had i not had we not found that error in those numbers at like 2 30 um we would have recommended draft one but we'll wait and see what numbers they come back with okay and matthew's communication to me yesterday was that he had some recommendations on how to get that deviation a lot smaller as as i studied it last night i have no idea how that's going to be accomplished but um and honestly i don't know how the population changed the way that it did based on the communities that are that are being represented in those two channels and i think maybe that's what's causing that skew and the deviation because uh yeah again ending up in that area because again mr had picked up some of yours and now he's gone only ward 4 award 5 should have changed from draft one to that corner to draft three and they didn't so one change two changed three changed four five and six so i believe there's just ryan and i think that he should have updated the numbers from here to three and just got rid of this one and he probably just grabbed the wrong draft when he made the changes so we're just going to have to wait for them i would rather have certainty that this is exactly correct this is too affordable but of course also anytime you make a change it's like a domino push one domino and then three over there fall and then that one over there starts following so can i get a copy of those sent to me just this presentation or sure here are some upcoming dates tiffany compiled a really comprehensive list for you guys related to upcoming dates anything that requires a rsvp or registration if you can get back with her and let her know if you want to attend um there was a vote on the table no i'm sorry motion to table um ordinance thank you 20 what is it 22.015. okay i don't have that one but 015. second can you can you just say we like to table the i don't have anything to and his tables are right just like no enclosure here it is until you can just specify a date i believe june the 6th until june the 6th second we have a motion by ms bowles second by mr bass any further discussion regarding the motion to table ordinance number 22-015 until june 6. all in favor of the motion to table proposed ordinance number 22-0 until june 6. that motion carries unanimously with four votes okay now dates uh if there's anything that requires registration again um just get touch base with tiffany on that festival flowers is coming up if you you probably notice all the topiaries are starting to go out um i noticed that they got the little panda bears under the tree in front of theirs and they look like care bears and i'm thinking they did that on purpose and it really brought me back to my childhood so i enjoyed that um i did want to make mention that um there will be a special election held for the ward 2 seat um that will be on august the 9th the filing will open at noon on tuesday june the 14th and close at 5 o'clock on friday june the 24th and this election will be based on our current ward lines not new ward lines well this also had to be come up in the november election too no sir so state law says that if a seat is vacated within 180 days of a general election you do not have to have a special election and unfortunately this ms partlow's passing happened on day 181 are you serious yeah so we you know i had reached out to connie moody and kind of played our common sense case to say you know um i couldn't have even scheduled a meeting fast enough for her to miss any formal business and you know get played my case for the award lines but they said no dice the law says what it says so does that mean this election will so whoever gets elected will serve until 2026. that's what i yeah because it comes up in november yeah you know what i'll find out i didn't even answer that question that's that's what you were asking isn't it will it have to be voted again oh yeah you asked that that's a good point i read the i read that because i thought it was the third friday after um but this this is this is just there this seat comes up for re-election in november november 20. that's why i was wondering why we can we can wait i i understand there's a procedure this is very frustrating because i think we are going to spend at least five thousand dollars yeah um i'm gonna text her now and see if she'll respond what i'm asking now is after this election the person that is elected on august the 9th they've got to be re-elected again in november or not likely i'll find out i bet you will have to that's the way it reads that's the way i read it but it makes no sense i personally have a small window to get prepared i know it was like you just plead to the comments all right do i hear a motion too what do we have i'm sorry any uh any further city comments from city management any further comments from city council all right we've got a number of events between now and our next meeting i think you you see you saw them listed on the screen a minute ago but we will certainly be busy between now and then with the number of events and um i know we'll see a lot of these faces here tomorrow at miss parlov's service do we have a motion to adjourn motion to adjourn second motioned by mr bass second by ms bowles any further discussion all in favor of adjournment that motion carries unanimously with four votes we argue