HomeMy WebLinkAboutNatural Resources Advisory Board - Minutes - 11/18/2015MINUTES
CITY OF FORT COLLINS
NATURAL RESOURCES ADVISORY BOARD
Date: Wednesday, November 18, 2015
Location: 215 N. Mason Conference Room 1A
Time: 6:00–8:30pm
For Reference
Bob Overbeck, Council Liaison 970-988-9337
Susie Gordon, Staff Liaison 970-221-6265
Board Members Present Board Members Absent
John Bartholow, chair Joe Halseth
Nancy DuTeau
Bob Mann
Kelly McDonnell
Harry Edwards
Luke Caldwell
Staff Present
Susie Gordon, Staff Liaison
Dianne Tjalkens, Admin/Board Support
Justin Scharton, Environmental Planner
Rebecca Everette, Senior Environmental Planner
Lucinda Smith, Environmental Services Director
Matt Zoccali, Environmental Regulatory Affairs
Sam Houghteling, Industry Cluster Coordinator
Guests:
Madison Rode, citizen
Call meeting to order: John called the meeting to order at 6:01pm
Public Comments: Madison Rode is a CSU ecology student.
Agenda Review: Lucinda Smith covering Agenda Item 2 for Lindsay Ex.
Approval of Minutes:
Harry moved and Luke seconded a motion to approve the October minutes as amended.
Motion passed unanimously, 6-0-0.
Correction: pg 7, end of 1st P, MRF.
AGENDA ITEM 1—Nature in the City Program Update
Justin Scharton, Environmental Planner in the Natural Areas Department, provided a brief update
on the Nature in the City project.
Council prioritized the Nature in the City (NIC) initiative in the 2014-2015 City strategic plan.
Natural Areas has been involved through subcommittees that were part of planning process. At
drafting of strategic plan, partnered with Natural Areas. Successful in getting BOB2 funding. With
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staff changes Natural Areas took over the project, and will now lead project in collaboration with
Community Development & Neighborhood Services (CDNS). Hesitant about holding land use code
changes in Natural Areas due to potential for conflict of interest. Ex: If Natural Areas wanted to build
a visitor center, would have to go through development review. Approach that departments have
come to agree upon will separate these issues. Benefit is that Natural Areas is experienced in
managing properties, an area where Planning has no expertise. Rebecca will be Senior Environmental
Planner for CDNS. In December will hire (from within) a person to lead in Natural Areas. Will have
total 1.0 FTE working on NIC in Natural Areas. Getting close to having a permanent team. 10-
minute walk and wildlife activity maps are nearly complete. Will work throughout 2016 to complete
nuanced version of 10-minute walk map to be used internally for land acquisition. Wildlife
connectivity map will be ready for internal use by mid-January. Very complicated. Will create a
public-facing version later. Connectivity map will inform restoration and acquisition. Also working
on MOU for each department, project assessment matrix, and other internal use documents.
Expecting a strong partnership. All land use and building code changes related to Nature in the City
will go through CDNS. Will have handful of pilot projects in 2016—diverse geographically and by
land use. A Night Sky team formed from City staff and external experts as an offshoot of NIC.
Looking at night sky issues across the city, and particularly at parks. 2016 will have a retreat to
create work plan and prioritize.
Discussion/Q & A:
• For Nature in the City, is there one board that is directly involved in oversight?
o Have asked internally, but do not have a conclusion yet. Initiative of Natural Areas,
so purview of Land Conservation and Stewardship Board, but will certainly give
presentations and seek recommendations from this and other boards.
o Planning and Zoning board also will be involved.
• Supporting individual homeowners and communities in supporting biodiversity. Suggested
plants lists available at nurseries. Still happening?
o Design guidelines are an initiative of CDNS. Structured to target a range of audiences
from homeowners to apartment complexes to new developments. Could include
discussion about ditches. Contracting with Institute for the Built Environment at CSU
to create guidelines. Piecing together scope of work. Residential is a priority to
improve habitat for birds and butterflies.
o Any problems with covenants that would get in way of implementing?
Covenants cannot restrict xeriscaping. May consider land use code update
that would be more specific.
• State law prohibits disallowing xeriscaping.
Have weed height ordinance, which applies to all properties except natural
area buffer zones. That is a gap. Perhaps get exemptions for those using
native grasses, which are taller.
• Incorporating urban agriculture, does this count toward biodiversity?
o No short term plans for urban agriculture. Natural Areas is venturing into local
agriculture, working with local food cluster and others for ways to incorporate more
small scale agriculture on properties. No specific projects yet.
o Wildlife connectivity map includes urban agriculture and is considered part of
wildlife corridor.
• Vision of evaluating restoration efforts or changes to natural areas? Ex: bird and butterfly
surveys. Can build up native plants, but might not see results immediately. How will you
know impacts?
o Will do third year of citizen surveys of bird and butterflies. Also using CSU to study
insects. When have corridors completed for key indicator species, will look at what
we can do in those corridors. For City owned properties, how can we prioritize for
10-minute walk and wildlife connectivity? Midterm project will be neighborhood
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scale effort—go to HOAs and get buy-in to preserve existing habitat and restore
where appropriate. Right now, at city-scale, honing in on key indicator species where
we can affect change.
• How do building codes fit in?
o Relates to green roofs, living walls, green screens, etc., that could have energy
efficiency co-benefits. Would happen in collaboration with the CAP team. Would
like to provide more options than restrictions.
o Also looking at exterior lighting for night sky. Single family home detached have one
set of regulations and multifamily and commercial are covered in another. Have some
night sky requirements in new residential developments. Commercial properties do
not have night sky regulations in land use code.
In need of lighting code updates.
• How involved would the board like to be? Schedule for updates?
o If get to fork in road, would like input; otherwise annual updates.
o If want to engage public in broader way, board can help and be advocates in
community.
o Will be back with design guidelines and land use code updates.
AGENDA ITEM 2— Dust Prevention and Control Code/Dust Control Manual
Lucinda Smith, discussed new code changes that are proposed to protect the community from fugitive
dust pollution caused by construction and other activities, which will be reviewed by Council at their
December 1 hearing.
Fugitive dust can be comprised of a wide range of materials, but is basically particulate matter that
does not come from a stack. Causes health concerns, reduces visibility, causes ecosystem impacts,
and is a nuisance. One quarter of Fort Collins households have a member with a respiratory illness.
Activities that generate dust can significantly increase particulates. Much of fugitive dust comes from
construction and unpaved roads. Currently staff has no ability to enforce dust control. State and
County have regulations, but City cannot issue citations. Gaps at projects under 5 acres, and no clear
guidance on what constitutes compliance. Primary changes are in municipal code, which would call
for compliance with dust control manual. Land use code changes are to identify the dust control
manual. Manual identifies 12 dust generating activities, provides a definition, required measures, and
engineering controls. Objective is to use one or more engineering controls if off-property transport is
occurring. Goal is to minimize off-property transport. Fugitive dust working group is finalizing work
on costs and determining how to summarize. Some do not add cost, such as creating a dust plan.
Some solutions have a small cost, but may also have co-benefits such as safety or erosion control.
Some lower-cost solutions include wet suppression on saw cutting and minimizing drop heights.
Some best management practices have a higher cost, such as high wind restrictions (cost of work
stoppage), replacing street sweeping equipment, and reducing vehicle speeds. Pilot project visited 30
sites: 23 sites employed some form of dust mitigation; 7 had zero techniques in place; 4 of the 30
would have been in compliance with manual. Controlled measurements at Hoffman Mill Road
Crushing Facility (City Streets Department) showed potential for up to 95% reduction in dust.
Addressing local nuisance concerns. Manual should provide clarity. There will be costs to projects,
but projects over 5 acres have regulations they should already be in compliance with. Objective is not
zero dust, but minimization of off-site transport, and ability of City to enforce. Updates staff will
make to the provided draft include creating an executive summary, definitions, clarity of
requirements, removing enforcement section, and clarifying mandatory controls for mechanical
blowing. Code would apply to owner or operator of any dust generating activity. Does not apply to
state or federal lands. Council could suspend water use elements in case of drought, since wet
suppression is a more frequently used mitigation strategy. Education includes training current City
enforcement staff to inspect, training for dust generators, and public outreach. Will return to P&Z in
December and first reading at Council in January.
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Discussion/Q & A:
• What constitutes high winds?
o Over 30MPH gust. Can test onsite with handheld anemometer.
• Cost to City of inspection?
o Internal working group believes if dust complaints stay at current level, could
continue with current staffing. If complaints increase, may need additional resources.
• What will enforcement look like?
o Objective is not primarily to issue citations, but will respond to complaints and
encourage implementing measures in manual. Education focus.
o What is history?
Manual does not have force of law yet. Heard from staff doing pilot, that dust
control measures increased at sites where pilot was done. Just being watched
and educating made a difference. Have ability to issue citation.
Could go to municipal court?
• Discussing if civil or criminal. Most violations of municipal code are
criminal.
• Potential to be fined. Or incarcerated.
o Fined yes. Do not anticipate incarceration.
o Are there any current violations of state regulations for particulates or emissions?
Well below standards for particulates. Don’t have info on whether anyone is
out of compliance with opacity requirements. Could find out.
Not driven by out-of-compliance, but by nuisance.
• Yes. Some health benefits to neighbors, but coming from air pollution
nuisance perspective.
• Any way to quantify overall reduction of particulate matter?
o Unless requested by Council, would not continue field measures. Measure of
effectiveness if reducing number of complaints and reducing off-property transport.
o Benefit to being able to quantify to show effectiveness. Simple visual-use surveys
could be done.
• Of four sites that would have been in compliance with manual, what in particular was there?
Why were those four doing this?
o Summarizing field data for sites. Can send to board when have info that differentiates
the sites.
• Sites already over certain sizes have requirements from state and county, but not being
enforced?
o Enforcement has been challenging. Working with County. They have limited staff to
respond. Not as much clarity on what constitutes compliance.
• Encourage to be clearer about percentage of reduction in presentation.
o Can show range.
o Beneficial to look at methods with percentage reduction.
o Case specific: weather, amount of dust, etc. If national research showed some
measures more effective than others, would add to manual. Feedback from dust
working group was that not helpful to prioritize measures as decisions will be made
based on economics.
ACTION ITEM: Members agreed to draft a resolution between meetings, and vote on it in
December.
AGENDA ITEM 3— Railroad Diesel Spill (Riverside and Lemay) Response & Remediation
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Matt Zoccali, Environmental Regulatory Affairs Manager with Utilities, reviewed an incident on
October 13 and described the response system used to contain spillage.
Context of stormwater permit. His department helps others to comply with things like Clean Water
Act, Clean Air Act, etc. Susan Strong manages the MS4 permit. Illicit discharge (spill) program is
part of this permit. MS4 is required by state under Clean Water Act. Our stormwater does not flow to
waste water treatment, but directly to creeks and river, so must take action to keep clean. Permit has
six control measures. Illicit discharge program has system of maps so can see stormwater inlets,
where they flow, etc., and can work with PFA to contain. Have stormwater control ordinance so have
some authority. Also have coordinated spill response with Poudre Fire Authority (PFA) which
includes training, containment and remediation. Also have household hazardous waste program to
get materials out of homes and sheds. Incident with locomotive diesel: at a switching operation a
piece of metal got caught in track and tore a hole in the tank car. Alarms were sounded. Pulled train
back southeast to contain spill in depressed area. Well-trained hazmat response by railroad. They
called 911 and PFA Station 10 arrived on scene. Have nonhazardous spill response also: spill phone
line and Access Fort Collins. City mission is defensive: identify responsible party, and get it cleaned
up. When respond make sure responsible party reports as required under law. CDPHE, EPA, and
LEPC are to be contacted. Triggers course of action. State signs off on cleanup plan. For diesel spill
City was monitoring, didn’t reach any stormwater system. Remediation depends on material. After
spill, within hour and a half, clean-up contractor mobilized from Denver. Got immediate surface
material removed. Next morning started soil clean up. Fenced off area, dug out soil. contained the
soil in plastic, placed in plastic-lined roll off dumpsters, and removed. Took samples to analyze
content. With analysis information can find industrial landfill to dispose of contaminated soil. This
load went to Ault. Union Pacific owns the tracks through there, but Great Western had the accident
(owned by Omnitracks). They send out hazmat. Final disposal was 433 tons. Took 20 confirmatory
samples of soil and ground water to ensure that the site is at or below acceptable limits. This info sent
to state health department. Unless go through open records, they don’t have to share with the City.
Need a “No Further Action” determination from state. Does not have to be completely clean, just
within standards.
Discussion/Q & A:
• Why no bucket under the spill to withhold?
o Could we have contained better? 3000 gallons were coming out quickly. PFA is first
responder. They make sure nothing catches on fire before going in.
• Grateful this team is present in the City.
o Have developed great working relationship with PFA. Also, kudos to railroad and
their hazmat team. Working with railroad can be challenging, but this went well.
• Seems there would be residual contamination from years of train traffic.
o Often contamination.
• How did they test groundwater?
o Drilled and found no groundwater. The river is far away. No property owners have
wells in the area. Did not impact water table.
• Was City or County reimbursed for costs?
o Only City cost is time. Only reason doing this is that a previous councilmember asked
that the City be involved and programs have since been developed. Previously once
PFA left the scene, the City did not know the result. Put in Budgeting for Outcomes
(BFO) offer, so have personal protection equipment (PPE), time, training, etc. Comes
out of established budget. Don’t recover any costs. Would be challenging to ask as it
is private property.
o No citation?
No. Could write citation if reaches water system.
• What’s the biggest threat facing Fort Collins? Training for that?
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o Better question for Mike Gavin (PFA). Work with Larimer County, big industries,
state patrol, Loveland, etc., on emergency planning as part of the Right to Know Act.
Local Emergency Planning collects info on all hazardous chemicals reported by
business to plan what to do.
o Biggest threat?
Chlorine used for drinking water treatment. Have highly engineered process
for unloading, containing, etc.; however, transported to facilities on trucks.
Companies have hazardous chemicals to do processes. Ex: Avago has own
hazmat crew.
• Big sustainable picture: How often do we have spills? Will we run out of places to put the
materials?
o Group receives 3-4 calls per month: everything from my neighbor’s car is leaking to
spill such as this one. Don’t have PFA numbers. They don’t always call City if urgent
issue. Need to train staff to help community and institutions prepare. Disposal of
material: can usually put in truck and send it somewhere. Not really sustainable, but
occurs. Some materials are incinerated. Landfills may take up to petroleum
contaminated. Worse goes elsewhere.
• Cost of remediation to railroad?
o Tens of thousands.
o Would like to pull costs for different sizes and types of spills.
o Businesses would benefit from that, as well for planning.
• Wasn’t long ago that City had no recourse if got a call about a spill. If it wasn’t life
threatening, PFA may not have gotten involved.
• Budget?
o Going into BFO; will be third cycle so likely to be approved.
o Important to have service available.
AGENDA ITEM 4—Northern Colorado Food Cluster Program
Sam Houghteling, Industry Cluster Coordinator, with Economic Health Office, gave an overview of
the recently formed Food Cluster, which is working on a regional marketing and promotion
campaign for local producers and suppliers, as well as other community projects.
There are a number of industry cluster initiatives. First was Colorado Clean Energy Cluster; now
have creative clusters, arts and culture, Northern Colorado food cluster, as well as others. Food
Cluster is nonprofit organization that supports and promotes local food production, manufacturing,
distribution and consumption. Three years ago began looking at local food issue, had industry
specific meetings, public meetings, etc. Over 100 partners in cluster. Collaborate on high impact
projects, offer networking events, members can serve on advisory committee, and promote
organizations, businesses, and events. Goals are to increase local food sales, address food security
issues, and strengthen the cluster and its partners. If get various components of same industry to
come together to solve problems, get initiatives and projects. Looking at local food through
economic development lens. Administers winter farmers market, convenes members, influences
policy, provides education, and partners with state, CSU, UNC, and many others. This year has been
capacity building to put in processes and policies. Have earned 501c3 status, partnered for $100K
grant with USDA to improve marketing for farmers markets, have hosted focus groups, and have
added reps from Loveland and Greeley. Local food issues can also be regional. Building connections
across communities. Winter farmers market is interesting because in summer have local food at
restaurants, have CSAs (community supported agriculture), farm stands, etc. Winter market provides
market access year round. A lot of conversation happening about a year-round community
marketplace. Some outreach about Trolley Car barn at Howes/Cherry. Food Cluster is resource for
community—facilitating conversation about community marketplace. Last year established board of
directors, hired staff, created membership and sponsorship programs, etc. Partnered with UNC on
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local food distribution in Greeley; have applied for EPA Local Food in Local Places grant.
Recognizing that northern Colorado is growing quickly; have farmland and CSAs now in Fort
Collins. Need to preserve this farmland. Two developments proposed in north Fort Collins that will
have local food components. Developers are interested. Poudre Valley Farmland Cooperative has
researched other places that have created cooperatives to have CSAs owned by community and
leased to farmers. Cluster is also working to improve access to local food for SNAP (foodstamp)
recipients. Get involved by buying local food, joining the cluster, participate in workshops or
taskforces, join a CSA, shop at businesses that buy local, and talk to neighbors. Sandra Greenway is
new director of Food Cluster.
Discussion/Q & A:
• Voice support for this initiative. The more support from City and state the better. Citizens
benefit directly. Solid relationship with City, what about larger entities in Larimer County?
o Have been working with Open Space Commission at county and Nature in the City.
Have support from CSU extension. Two statewide committees around local food.
Food cluster is sitting member on both. A number of small businesses got state grants
last year with support letters from cluster. Federal connections. Would be good to get
more interest from the county.
o An organization is looking at 50-acre parcel in Larimer County and getting
conservation easement from County, so there is support from County. Model is
effective. Hope will get replicated.
Over last 18 months different entities in the county have become more
interested. Boulder County Model: purchased thousands of acres of farmland
and leased to small farmers. Natural Areas is doing this too now, and so is the
County.
• Businesses being advocated are not traditional, and may not bring in business acumen of
other clusters. Is Sam doing same thing for other clusters as for local food? What is benefit to
City for the investment?
o Cluster spectrum of businesses is from emerging to “stagnant.” City has played active
role in emergence phase. Bioscience cluster has been least time-intensive for City, as
spearheaded by RMI. Cluster process is funded with $200K/year. $175K is allocated
competitively. Last year had applications for $400K. Number of metrics evaluated to
receive grant. As clusters mature, City funding decreases and private support
increases.
• Economics are major criteria for clusters?
o Yes. Working with CSU to get better baseline of economic impact of local food.
Much larger footprint than many realize. Small farms are seeing return on investment
of being members.
o Have a plan to do that analysis?
Currently trying to figure out key metrics to look at and determine scope (city
or region). Some of largest agricultural producers in the country are on other
side of I-25. How do we bring them to the table? How do we get them to
source locally more often? Ex: grass fed beef grown in Greeley, slaughtered
there, and goes directly to steak house in Greeley. Many opportunities in the
region.
AGENDA ITEM 5— Water Efficiency Plan
John Bartholow led a discussion on whether the NRAB wishes to provide a formal position regarding
the proposed goals for water consumption levels.
John drafted the memo and circulated via email in advance of the meeting.
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Discussion/Q & A:
• Proponent of aspirational goals. Track record is positive for creating aspirational goal.
Personal water consumption in households is approx. 40gpdc.
o Residential average is 91gpdc.
• Incremental pieces become harder to achieve. Would say aspirational goal is reasonable to set
based on history.
o 10 years out.
o Becomes more challenging as save more and more.
o Better to put an attainable goal.
Who’s to say not attainable?
Can be changed in the future.
• Don’t know what is accomplishable.
• Concern about Council seeing different goal from NRAB than from
staff. How much support will we get from staff? And this is the
Utilities: they are conservative on goal setting.
Council will not want to agree to a goal that can’t be obtained.
• Does that mean what staff suggests will go?
• Board was clear last month that wanted more aspirational goal.
• What is vision to get to 120gpdc? Want a list of specific measures that can be implemented to
achieve goal.
o Encouraging xeriscaping. Lawn is biggest user for residential. Encourage and educate
public.
Incentive? Other than reduced cost of utilities?
• Might think about decreased need for additional reservoirs.
o They are seeing opportunity to do something.
Flow restrictors required for older homes.
Falls under education and water literacy.
• City can take active role. Ex: Xcel offers energy audits and helps get
efficient appliances. City can have preferred providers.
o City works with hardware stores to identify WaterSense
appliances and offer rebates. Xcel is nice example. Get ads on
TV about Xcel’s programs. But many people in Fort Collins
still don’t know can basically replace toilet at the City’s cost.
Also talked about smart meters that can tell if have a leak. Technology is
emerging.
And price signal of rates.
o Should include specific measures that are effective with the gpdc.
They have handle on conservation.
o Don’t want to set a goal that is too high.
If meet goal early, will change goal.
Would look more favorable to them.
o Untreated water used on golf courses?
Yes. All in Fort Collins have national designation through Audubon Society.
Designation based on use of water, types of trees, etc.
• Good to add mechanisms, but have not agreed on number.
o Can reference and affirm strategies brought forth by staff. Also like idea of reducing
timeframe to 2025. Somewhere between 120 and 125gpdc.
Timeframe is too long. 125gpdc by 2025?
Members agreed to 125 by 2025.
Luke moved to approve the drafted memo as amended. Harry seconded.
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Motion passed unanimously, 6-0-0.
AGENDA ITEM 6—Other Business
CAP Open House
o December 14 at Galvanize, 5:30-7:30pm
Outcomes from Midcycle BFO Offers
• Entire operating budget for community recycling center approved.
• Outreach for CAP dollars approved too.
Community Recycling Ordinance
• Code language by December 4, and to Council December 19.
• Add to December agenda
Elections: February or March
• Not January—see bylaws.
• Interviews for new members by Council first week of December.
Information from Utilities about City of Thornton Water Pipeline (Eric Potyondi)
• Board agreed that document provided information they requested.
• Taking water out north of town for any specific reason?
o Their story: If were to take water out below Fort Collins, after the waste water
treatment plants, the salts have degraded water quality and treatment would be
expensive.
Do they not have this system set up already? Seems other water could be
equally salty.
Most water is from South Platte, which has relatively poor quality.
o Anecdotally have heard they want to pull water out before Fort Collins, then get it to
Weld County quickly, to keep from having other restrictions imposed.
Some possibility to put return flows in north of town.
Expensive project to ship water around.
Maps of piping. Ex: Pipeline from Carter Lake to Fort Morgan. Can’t drink
water in Fort Morgan due to nitrites in water.
• Everything facing water in Poudre in future will come to bigger head than Glade.
o Will continue to have more water pulled out above Fort Collins.
Discussion of Renaming Board
• Some member applications to NRAB gave the appearance applicants thought they were
applying to Natural Areas board. Does it make sense to keep or change name?
o Pretty clear what natural resources are. If cannot distinguish from Natural Areas,
perhaps not qualified.
• Too many boards. Good for community engagement, but not all boards sure what they are
supposed to do because so much overlap. NRAB has been more active in last two years, more
aggressive about taking action. Great place to be educated about City. But in making
recommendations to Council, have a lot of expertise. Have air quality, water, West Nile, and
other expertise. Not major player in those areas, but collaborating. Is there an area to more
succinctly focus or is there a way to bring together 3-4 boards to look at whole picture
instead of piecemeal? This board looks more broadly.
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o Discussions will continue.
• Meeting with Jackie Kozak-Thiel, CSO, December 15 and will get her input.
• This board provides integration that doesn’t exist elsewhere.
o Lot of value in broader perspective.
o More effective role for combined board that had more oversight and broad vision of
City goals?
Talked to Bruce Hendee in the past whether there would be a sustainability
board. He and Darin had talked about it, and decided did not need another
board. Council packet for work session is huge. The more boards, the larger
the packets. Would like to be identified as taking on this broader role.
• Tradeoff is that can’t get very focused.
Consider asking Stormwater about Poudre River “hardening” along bike trail
• Postponed to December
Council 6-Month Planning Calendar
• Not discussed.
Meeting Adjourned: 8:40pm
Next Meeting: December 16
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