GENESEE TRANSPORTATION COUNCIL
PLANNING COMMITTEE MEETING
Ebenezer Watts Conference Center
Rochester, New York
October 13, 2011
PLANNING COMMITTEE MEMBERS PRESENT
James Fletcher, Monroe County At Large
Erik Frisch, City of Rochester At Large
Todd Gadd, Wyoming County
Tom Goodwin, Monroe County Planning Board
Andrea Guzzetta, Rochester City Council
Daniel Hallowell, New York State Department of Transportation (NYSDOT) Region 4
Scott Leathersich, Monroe County At Large (Vice Chairperson)
Terrence J. Rice, Monroe County
Kevin Rooney, Wayne County
David Zorn, Genesee/Finger Lakes Regional Planning Council (G/FLRPC)
ALTERNATE REPRESENTATIVES PRESENT
David Cook, Rochester Genesee Regional Transportation Authority (RGRTA), representing William Carpenter
Don Higgins, Livingston County, representing Angela Ellis
James McIntosh, City of Rochester, representing Paul Holahan
PLANNING COMMITTEE MEMBERS ABSENT AND UNREPRESENTED
Robert Colby, Monroe County
Robert Griffith, Federal Highway Administration (FHWA)
Timothy Hens, Genesee County
Kristen Mark Hughes, Ontario County (Chairperson)
Peter McCann, Monroe County Supervisors Association
Edward Muszynski, Empire State Development Corporation
C. Mitchell Rowe, Seneca County
Henry Smith, Jr., Orleans County
Steven Urlass, Federal Aviation Administration (FAA)
(Vacant), Federal Transportation Administration (FTA)
(Vacant), NYS Department of Environmental Conservation (NYSDEC)
(Vacant), Rochester City Planning Commission
(Vacant), Yates County
OTHERS IN ATTENDANCE
Joseph Bovenzi, GTC staff
James Hoffman, Wayne County Board of Supervisors
Sally Kuzon, City of Batavia
Richard Perrin, GTC staff
John Polimeni, New York State Department of Transportation (NYSDOT) Region 4
James Stack, GTC staff
Robert Torzynski, GTC staff
1. Call to Order & Introductions
The meeting was called to order at 10:06 a.m. Scott Leathersich welcomed everyone and Members, Alternates, and others present introduced themselves.
2. Public Forum
No one from the public spoke during the Public Forum.
Scott Leathersich suggested that the agenda be revised to move item 5.a.2., action concerning the acceptance of the report, Route 104 Corridor Trail Feasibility Study, forward in order to accommodate the Committees guests. No Member or Alternate objected.
5. Action Items
a. Recommendations to the GTC Board concerning accepting submission of reports as evidence of completion of various UPWP tasks
2. Action concerning recommending the acceptance of the report, Route 104 Corridor Trail Feasibility Study as evidence of completion of a component of UPWP Task 6510 / Proposed Council Resolution 11-134
James Hoffman reported that this study is for a 17.4 mile-long multi-use trail that will run along NYS Route 104 from Webster to Sodus. EDR served as the consultant on this project and the county and towns are very pleased with the results. Two public meetings were held, and there were no adverse public reactions to the project. The reports study area is extensive and covers about 300 parcels and 18 intersections.
The consultants developed two possible alternative routes for the trail: the first is parallel to NYS Route 104 and the second follows the railroad tracks that run through the study area. Rochester Gas and Electric (RG&E) owns the track right-of-way and Ontario-Midland Railroad Corporation leases the tracks from RG&E. Developing the trail may require expanding the railroad right-of-way in certain locations. The sections of the trail in each town can be built individually and linked together in the future. The town supervisors in the study area support this report, and will begin implementation when funds are available.
Terry Rice stated that within Monroe County RG&E owns the railroad right-of-way. The section east of the XEROX campus is still an active railroad; the section west of the campus is abandoned and will be transferred to the Town and Village of Webster. The tracks will be left in place when ownership is transferred. However, the Town and Village are pursuing development of a multi-use trail on this portion.
Kevin Rooney moved to recommend approval of the Route 104 Corridor Trail Feasibility Study; Jim Fletcher seconded the motion. The motion passed unopposed.
Scott Leathersich suggested that the committee discuss item 5.a.1 in order to finish the discussion of reports submitted as evidence of completion of UPWP tasks. No Member or Alternate objected.
1. Action concerning recommending the acceptance of the Cluster Development Enhancement Feasibility Study as evidence of completion of UPWP Task 5375 / Proposed Council Resolution 11-133
Richard Perrin reported that the Acting Director of the Wayne County Planning Department, Ora Rothfuss, could not be in attendance at this meeting. Based on discussions with him, Richard agreed to present the study to the committee. This study was prepared for western towns of Wayne County where the most significant residential development is occurring. The studys purpose was to evaluate the feasibility of residential cluster subdivision projects.
Cluster development can protect farmland, preserve open space, and maximize infrastructure use. Current development patterns result in new construction that is typically strung-out along road frontages with multiple curb cuts, which can make farming operations more difficult. One key issue that the study addresses is the lack of understanding of cluster subdivision techniques by local landowners who may be interested in developing their properties. The study recommends establishing a Residential Cluster Development Agency to provide support to landowners and local governments in developing cluster subdivisions.
The study was overseen by a Project Advisory Committee consisting of the Wayne County Planning Department, the Towns of Macedon, Ontario, and Walworth, and Genesee Transportation Council. The study includes three hypothetical cluster development scenarios and was funded with $16,000 in UPWP funds.
Tom Goodwin asked if the Residential Cluster Development Agency would be sponsored by the county. Richard replied that the report does not specify who would sponsor the Agency but leaves it flexible.
Erik Frisch moved to recommend approval of the Cluster Development Enhancement Feasibility Study; Daniel Hallowell seconded the motion. The motion passed unopposed.
3. Approval of Minutes
Tom Goodwin moved for approval of the minutes from the August 11, 2011 Planning Committee meeting; Andrea Guzzetta seconded the motion. The minutes were approved as presented.
4. Reports on UPWP Projects and Other Activities
a. Reports on UPWP Projects and Other Activities
Richard Perrin reported:
The Supplemental Professional Services Database Programming project was accepted by the GTC Board at its June 16 meeting.
GTC staff continue to monitor developments related to the next surface transportation authorization legislation. GTC staff is working with other Metropolitan Planning Organizations (MPOs) and NYSDOT on a committee to identify ways to collaborate on data collection and issues of statewide significance. GTC staff continues to keep the Regional Working Group apprised of opportunities related to positioning the region to access funding for the implementation of sustainability initiatives.
The Long Range Transportation Plan for the Genesee-Finger Lakes Region 2035 (LRTP 2035) was adopted by the GTC Board at its June 16 meeting. GTC staff is continuing the development of monitoring report to track progress in advancing the recommendations of the LRTP 2035.
GTC staff is working with other MPOs and partners at the state and federal levels on determining how to best address climate change through mitigation and adaptation initiatives. GTC staff participated in a Federal Highway Administration (FHWA) workshop on the impacts of climate change on transportation systems and is participating in two national initiatives with FHWA and AMPO.
The GTC Household Travel Survey has been distributed to 48,000 households in the Rochester Transportation Management Area over the past four weeks. GTC staff and the consultant are monitoring the response rate and addressing comments received from the public in a timely and professional manner. Between 3,000 and 3,500 returned surveys are needed for a statistically valid survey.
The Intelligent Transportation Systems (ITS) Strategic Plan for Greater Rochester was adopted by the GTC Board at its June 16 meeting. GTC staff is conducting an assessment of how the Transportation Management Committee can be improved as well as advancing the development of a Regional Concept of Transportation Operations in cooperation with transportation, law enforcement, and other interested agencies.
The revised scope of work for the Diversion Route Planning Initiative was transmitted to the consultant on September 23 and they are reviewing it and will provide feedback.
The Priority Trails Advancement Program consists of two projects. The NYS Route 104 - Ontario to Sodus Trail was presented earlier in the meeting. The Steering Committee for the Pultneyville to Marion Trail Feasibility Study met on October 3 and outreach to affected landowners is occurring.
The update of the Congestion Management Process (CMP) is included in the LRTP 2035 that was adopted by the Board on June 16.
The second round of travel time data was accepted by the GTC Board at its June 16 meeting.GTC staff has determined that the purchase of archived data will provide better information and be more cost-effective than the current methodology.
The draft version of the Greater Rochester Regional Commuter Choice Program website has been reviewed and a marketing plan is being developed as part of the public roll out. This roll out will include promotional materials for commuters and businesses, a press conference, and other outreach activities.
The Coordinated Public Transit/Human Services Transportation Plan was accepted by the GTC Board at the September 8 meeting.
Public meetings for the Regional Goods Movement Strategy were held on September 26 and the third Steering Committee meeting has been scheduled for November 17. The needs assessment, including performance measures, is being finalized and a listing of proposed projects, programs, and regulatory changes is being developed for review by the Steering Committee.
David Cook asked what the response rate for the Household Travel Survey was. Richard replied that survey responses were on pace, about 6.5 percent to 7 percent, for a sufficient response. David commented on the need to update the carpool/rideshare signs that are still in place along the regions expressways. Since route-matching will replace the rideshare program, he observed that a decision needs to be made on what will happen to those signs.
Richard Perrin responded that there are on-going conversations with the respective agencies and that the phone number would no longer be promoted. Daniel Hallowell stated that advertising for 511NY could be installed in place of the old rideshare signs. Terry Rice noted that the first step is to determine the present locations of the rideshare signs.
Dave Zorn reported:
The 2010 Census TAZ Analysis is complete.
The 2010 Regional Land Use Monitoring Report is complete and municipalities have been notified of its availability.
Don Higgins reported:
Field work for the Safe Passing Zone study is nearly complete.
The consultant selection team for the Livingston County Transportation Connectivity Plan will be interviewing four firms tomorrow and expects to bring on a consultant by the end of October.
Tom Goodwin reported:
The 2010 Monroe County Land Use Monitoring Report was accepted by the GTC Board at the September 8 meeting.
Terry Rice reported:
The Audible Tactile Survey was accepted by the GTC Board at its June 16 meeting.
The Monroe County Vertical Curve Safety Study was accepted by the GTC Board at its September 8 meeting.
Data collection for the Monroe County Sign Inventory Location Upgrade is complete and being integrated into the project database.
Hunt Engineers has been selected as the consultant for the Monroe County Horizontal Curve Study and the project scope is being developed.
Two more locations for the Monroe County High Accident Location Program have been completed. The project is 47 percent complete.
Approval from the county legislature for the Monroe County Accident Rate Database GIS Conversion project was obtained on October 11. Work on this project will begin later in October.
Richard Perrin reported:
The Scope of work for the Routes 5 & 20 and State Route 364 Multi-Modal Study is being developed for Planning Committee consideration.
City of Rochester
Erik Frisch reported:
The second public meeting for the Center City Tourist/Visitor Circulation and Pedestrian Wayfinding Study has been held and a project advisory committee meeting will be held next week.
The Center City Circulator Study is complete.
A public meeting on the City of Rochester Urban Trail Linkages Feasibility Study was held last week. Policy changes at the Eastman Business Park (EBP) may preclude constructing a trail through EBP. The consultant is exploring alternative alignments.
Neighborhood interviews for the Susan B. Anthony Neighborhood Parking and Circulation Study are being conducted with six of twelve done. A final public meeting will be held in early-November.
The revised Draft Future Conditions Report for the St. Paul and North Clinton Two-Way Conversion Study will be distributed to the Project Advisory Committee this week. The first public meeting was postponed until alternatives have been developed to which the public can react.
A draft traditional scope of work for the Mt. Read Boulevard Corridor Study is being developed by the City. The City and GTC are working in partnership with XEROX research and development personnel to determine if they would emphasize different aspects of the project than is traditionally done. The thought is to determine if a new study approach can achieve better results.
David Cook reported:
The consultant is finalizing a draft of Phase I of the Suburban Transit Station Study. The first public meeting is expected in December.
There is no progress to report on the RTS Signal Prioritization Study.
There is no progress to report on the RGRTA Transit-Supportive Development Guidelines project.
The RGRTA Route Analysis project is ongoing.
Kevin Rooney reported:
The Cluster Development Enhancement Project Feasibility Study was discussed earlier in this meeting.
The Wayne County Safe Passing Zone Survey is complete.
Richard Perrin reported:
The second Steering Committee meeting for the Auburn Trail/Ontario Pathways Trail Connection Feasibility Study was held on August 29 and the first public meeting was held September 14.
There is no progress to report on the Irondequoit Seneca Multi-Use Trail Feasibility Study.
Bergmann Associates with Steinmetz Planning Group and Razak Associates was selected as the preferred consultant for the Black Creek Stream Corridor Trail Feasibility Study. A contract for this project is being developed.
The draft Genesee County Central Corridor Plan will be considered by the Town Board on October 19 and will be presented at the November 10 Planning Committee meeting.
There is no progress to report on the Victor Transportation Systems Plan.
The Consultant Selection Committee for the Brighton Bicycle and Pedestrian Trail Plan met on August 12 and conducted interviews on September 7 and 9. EDR Companies with SRF Associates and Sprinkle Consulting were selected as the preferred consultant team. A contract is being developed.
b. Any Other Old Business or Announcements
Richard Perrin announced the following GTC Board appointments:
James Redmond, Chairman of the Rochester Genesee Regional Transportation Authority Board of Commissioners, has designated Bill Carpenter as his alternate to the GTC Board.
Thomas J. Madison, Jr., by his appointment as Acting Executive Director of the New York State Thruway Authority, is now a voting member of the GTC Board.
Jonathan McDade, by his appointment as Federal Highway Administration-New York Division Administrator, is now a non-voting member of the GTC Board.
Richard Perrin noted that the FY 2012-2013 Unified Planning Work Program (UPWP) Call for projects was issued on Friday, September 16. An applicant workshop was held on Wednesday, September 28 at Henrietta Town Hall with six potential project sponsors attending.
GTC staff held a brainstorming session on October 6 to identify potential requests for professional services. Staff will meet internally over the next few days to identify which projects to submit applications for consideration in next years Unified Planning Work Program (UPWP).
Project proposals are due Friday, October 21. The first meeting of the UPWP Development Committee to review the proposals submitted will be held following next months Planning Committee meeting on November 10. Staff has received positive feedback regarding the new Call for Projects package, particularly the section on the selection process and criteria.
Terry Rice asked Richard how the UPWP scoring system will be used. Richard replied that GTC staff will evaluate the proposals and provide tiered lists based on this evaluation to the UPWP Development Committee (UDC) to inform their deliberations. Richard noted that unless GTC receives more applications than are expected the evaluation and tiered lists will be ready by the first UDC meeting on November 10.
1. Proposed federal legislation update and discussion
Richard Perrin provided the following report:
On September 16, Congress extended the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) through March 31, 2012. The legislation that extended SAFETEA-LU included extensions of the federal motor fuel excise taxes and the Federal Aviation Administration authorization. This is a clean extension in that there are no changes to programs or initiatives in the legislation and the previous years funding level is prorated to one-half year. House of Representatives Transportation and Infrastructure (T&I) Committee Chairman John Mica has stated that this extension of SAFETEA-LU (the eighth) is the last that the Committee will consider and that a new bill needs to be enacted by the time the extension expires.
Major developments related to the next authorization include:
House leadership has given permission to Chairman Mica to identify additional revenues for the six-year T&I Committee proposal. Reports are that the amount to be identified would be approximately $15 billion more annually so long as it does not include an increase in motor fuel excise taxes. One option that is being explored is working with the oil and gas industry to collect royalties or fees in exchange for expanded drilling leases. If the additional revenues could be identified in the amount of $15 billion per year, it would allow the federal-aid highway program to remain at Federal Fiscal Year (FFY) 2011 levels.
In the Senate, Environment & Public Works Committee Chairwoman Barbara Boxer has stated that she expects the Committee to release a draft by the end of this month. Chairwoman Boxer continues to work with the Senate Finance Committee to identify an additional $12 billion for a two-year bill that currently maintains existing funding levels and with the added revenues of six billion dollars per year would represent an approximately 12 percent increase in funding.
There has been no significant action by the White House as they continue to advocate for the American Jobs Act, which would provide similar (if not identical) amounts in Federal highway and transit formula-based apportionments to those included in the American Recovery and Reinvestment Act of 2009.
The Appropriations committees of both the House and Senate have reported out their FFY 2012 spending bills. The House Appropriations Committee bill cuts spending on highways and transit to conform to the House budget resolution making $27 billion available for highways, $5.2 billion for transit formula/bus grants and, $1.5 billion for transit capital investments. Meanwhile the Senate Appropriations Committee proposes funding the programs at current levels of $41.1 billion for highways (which includes safety money that is set-aside for safety program outside of the Federal Highway Administration), $8.2 billion for transit formula/bus grants and, $1.9 billion for transit capital investments. Congress has until November 18 to pass all spending bills (most likely in one big omnibus bill or several mini-buses) or pass another Continuing Resolution.
5. Action Items
b. Action concerning approving the Draft Revised 2011-2014 Transportation Improvement Program Project List for Public Review
Richard Perrin provided the following report:
As discussed at the August 11 Planning Committee meeting, NYSDOT has produced new planning targets of reasonably-expected federal funds for the remainder of the time period covered by the GTC 2011-2014 Transportation Improvement Program (TIP) and the Statewide Transportation Improvement Program (STIP). These revised planning targets replace those provided in December 2009 that were used to develop the 2011-2014 TIP. At that time, it was fully anticipated that a new federal surface transportation authorization would be enacted by FFY 2012 and would include increases similar to those between previous and successive authorizations. A new authorization has not been enacted and, based on discussions in Congress about associated funding levels, it does not appear that increases in funding consistent with the recent past are likely.
GTC staff has worked with the TIP Development Committee to reprogram FFYs 2012 through 2014 within the limits of the reduced anticipated funding. The major steps were to:
1. Concur on revised inflation factors to ensure all projects are presented in year of expenditure dollars.
2. Contact project sponsors about voluntary deferral and removal of projects.
3. Produce the list of projects to be considered.
4. Develop an Initial Draft Program for TDC consideration and comment.
5. Develop a Revised Draft Program for Planning Committee consideration and comment.
Based on any changes made by the Committee at this meeting, GTC will issue the Revised Draft Program for 30-day public review beginning October 14 and running through November 15. Because this is not a new TIP, GTC is not required to provide public review opportunities beyond those typically conducted for other TIP amendments, which includes posting to the GTC website upon recommendation to the Board by the Planning Committee. However, given the significant reduction in reasonably-expected funds and the necessary deferral of projects to FFY 2015 and beyond, GTC staff has proposed and the GTC Board has agreed that it is in the best interest of the community to conduct a public review similar to that done for the development of a new TIP.
Accordingly, a legal notice will be published in the Democrat & Chronicle, a direct notice of the public review period is being sent to the organizations included in the GTC Environmental Justice database, and four public meetings have been scheduled for Tuesday, October 18 in Rochester City Council Chambers, Thursday, October 20 at Henrietta Town Hall, Monday, October 24 at Ogden Town Hall, and Tuesday, November 1 at the Perinton Community Center. GTC staff will review the public comments received to-date at the November 10 Planning Committee meeting.
If it is determined that public comments warrant revisions to the program that is approved for public review today, an additional 10-day public review period will be conducted from November 18 to November 28 and a special Planning Committee meeting will be held November 29 to make a recommendation to the GTC Board on the revised 2011-2014 TIP.
Richard asked Erik Frisch to discuss the City of Rochesters proposed changes to the draft program. Erik asked the committee to consider a revision to two City projects. Erik reported that City staff had recently met with University of Rochester officials regarding development plans for their campus. The University has some concepts for rebuilding Crittenden Boulevard that the City would like to explore. As a result, the City would like to remove Crittenden Boulevard from the City of Rochester Preventive Maintenance project (Project No. 36), which includes work on five city streets, and defer it until 2014. The City would then add the Plymouth Avenue Preventive Maintenance project (Project No. 37) to Project No. 36 and cover any funding shortfall with its own funds. Erik said the other change would be to include two earmarks, one for the Port of Rochester Security and Intelligent Transportation Systems project and the other for the Brooks Landing project, that were not obligated in FFY 2011.
Richard asked Erik if the City required additional funds for these projects. Erik replied in the affirmative and that a total of about $29,000 was needed. Richard noted that there was a small balance in the Surface Transportation Program-Flexible program in FFY 2013 and FFY 2014 that could cover a potential shortfall. The Planning Committee was agreeable to this suggestion.
Terry Rice asked Erik if the City could combine its Union Street Preventive Maintenance project (Project No. 35) with the other preventive maintenance projects included as part of Project No. 36. Erik replied that it could not because the Union Street work includes some city funds for improvements in the Public Market area.
Terry Rice stated that he had two changes to the draft program. First, he wanted to combine Projects 31 through 34 into a new Monroe County Preventive Maintenance project using existing funding amounts. Second, he wanted to combine the Monroe County 2013 Bridge Preventive Maintenance project (Project No. 76) and the Monroe County Bridge Rustic Railing Preventive Maintenance projects (Project No. 77) using existing funding amount. The Planning Committee was agreeable to this suggestion. Richard Perrin noted that the Public Review document will list these projects separately but they can be combined under a single bid and contract.
Terry Rice asked that Erie Station Road be listed. This was an earmark project with no cost in FFYs 2012 through 2014 so it was not listed. The Planning Committee was agreeable to this suggestion.
Richard Perrin stated that three Jobs Access Reverse Commute (JARC) proposals and one New Freedom proposal were being reviewed. Selected projects will be brought to the Planning Committee in November. These projects are expected to be incorporated into the recommended program and adopted as part of the TIP revision.
Dan Hallowell asked Richard to provide him with the public meeting schedule; Richard replied that he would distribute the schedule to the TIP Development Committee (TDC) members.
Terry Rice noted that the Stone Road Reconstruction project (Project No. 28) and the Whitney Road Reconstruction project (Project No. 174) do not show funding for the Scoping phase because those phases occurred in prior years. He expressed a concern that if the funds were already obligated they will be at risk of de-obligation. Dan Hallowell said that NYSDOT-Region 4 would investigate the risk of de-obligation. Terry noted that Monroe County is revising the scope of work for the Whitney Road Reconstruction Project so that projects costs will decrease.
Terry Rice stated that he recalled an agreement reached at a Highway Superintendents discussion regarding the High-Risk Rural Road program (Project No. 132) whereby High-Risk Rural Road projects in Wyoming County would be funded in 2012, a project in Ontario County funded in 2013, and a project in Monroe County funded in 2014. Currently, the funding for 2014 is shown as a block. He asked if the public review document could reflect the Monroe County projects.
Richard Perrin asked if this discussion could be had through the TDC process. The Planning Committee agreed to defer discussion until the March 2012 amendment cycle.
Terry Rice stated that he would prefer to accelerate the Edgewood Road over Allens Creek project (Project No. 50) and defer the Twin Bridge Road over Oatka Creek and Oatka Creek Tributary project (Project No. 53). He asked if NYSDOT would be amenable to rescheduling some projects to allow this change to take place. Dan Hallowell responded that NYSDOT-Region 4 would investigate what projects can be moved.
Richard suggested the draft program could show the Twin Bridge Road over Oatka Creek and Oatka Creek Tributary project (Project No. 53) as a future project. The committee can see which project can be accelerated at a later date.
Terry commented that two projects, the I-390 Interchange Improvements at Rt. 15 (Project No. 18) and Mt. Hope Avenue Improvements Phase 2 (Project No. 41), cannot realistically be advanced at the same time due to the disruption in traffic movements through the area they would cause. He asked if it would be reasonable to show the Mt. Hope Avenue Phase 2 project as a future project.
Richard replied that this decision should be left to the project sponsors.
Dan Hallowell stated that the large non-Federal amount of funding on I-390 Interchange Improvements at Rt. 15 represents the Construction and Construction Inspection phases of the proposed Kendrick Road interchange. Given the lack of federal funding for this portion of the project, he thought it would be best not to show it.
Jim McIntosh stated that the City is not comfortable with deferring the Mt. Hope Avenue Phase 2 project until there is clarification on the status of the Kendrick Road project.
Richard Perrin noted the National Highway System (NHS) funds could be removed from the Mt. Hope Avenue project and programmed to the Lake Avenue Improvements project (Project No. 175) as it is the only NHS-eligible project that is not funded. The City of Rochester felt this was acceptable. The Planning Committee was agreeable to this suggestion.
David Cook moved to approve the Draft Revised 2011-2014 Transportation Improvement Program Project List for Public Review; Jim Fletcher seconded the motion. The motion passed unopposed.
6. New Business
There was no new business.
7. Public Forum
No one from the public spoke during the public forum.
8. Next Meeting
Next Meeting: November 10, 2011 at NYSDOT Region 4
1530 Jefferson Road
The meeting adjourned at 12:03 p.m.