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HomeMy WebLinkAboutMinutes 09.06.2016S■TkaL■(di 1 E COUNTY F L o R I D A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting September 6, 2016 Convened: 6:00 PM Adjourned: 7:11 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by District No. 5, Chairman Kim Johnson Attendee Name 0 itle Status Arrived Kim Johnson District No. 5, Chairman Present 6:00 PM Chris Dzadovsky District No. 1, Vice -Chairman Present 6:00 PM Tod Mowery District No. 2 Absent Paula A. Lewis District No. 3 Present 6:00 PM Frannie Hutchinson District No. 4 Present 6:00 PM Howard Tipton Administrator Present 16:00 PM Bob Adolphe Deputy County Administrator Present 6:00 PM Daniel S. McIntyre County Attorney Present 6:00 PM Heather Young Asst. County Attorney Present 6:00 PM Katherine Barbieri Asst. County Attorney Present 6:00 PM Edward Matthews Parks, Recreation & Facilities Director Present 6:00 PM Don West Public Works Director Present 6:00 PM Laurie Waldie Utility Director Present 6:00 PM John Wiatrak Airport Manager Present 6:00 PM Ron Parrish Public Safety Director Present 6:00 PM Ken J. Mascara Sheriff Present 6:00 PM Melissa Upton Clerk to the Board Present 6:00 PM 2. INVOCATION Generated 9191201610:58 AM Regular Meeting Tuesday, September 6, 2016 6:00 PM 3. :i 5. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES A. Board of County Commissioners minutes for the meeting of Tuesday, August 16, 2016 RESULT: ACCEPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Paula A. Lewis, District No. 3 AYES: Kim Johnson, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson ABSENT: Tod Mowery PROCLAMATIONS APPROVAL A. Proclamation - Recognizing the accomplishments and contributions of Ron Knaggs to St. Lucie County, Florida. Chairman Johnson spoke about Mr. Knaggs value to the community and introduced his wife, Shelley Knaggs to accept the proclamation. Mr. Knaggs' family thanked the Board for the acknowledgment of his efforts in the community. Dr. Michael Riordan spoke about his relationship with Mr. Knaggs through the North Beach Association and his dedication to the county. Rick Kaiser, the Executive Director of the Navy Seal Museum explained the importance of the work Mr. Knaggs did for the museum. Bob Lowe, the chairman of the Board of Adjustments expressed gratitude and prayers for the family from his board. Sheriff Ken Mascara spoke about Mr. Knaggs's volunteer work with the sheriff's office after he retired. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Frannie Hutchinson, District No. 4 AYES: Kim Johnson, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson ABSENT: Tod Mowery B. Resolution - Adoption of a resolution proclaiming September 17-23, 2016 as "Constitution Week" in St. Lucie County, Florida. Karon Drew, Regent and Marsha Braun, Vice -Regent, from the Cora Stickney Harper Chapter National Society Daughters of the American Revolution accepted the proclamation. Ms. Drew thanked the Board for the proclamation. She invited the public to attend a ceremony celebrating the Constitution on Saturday September 17th at 9am at the farmer's market. She also spoke about the "Bells Across America" event at 4pm at the fountain across the street from the Fort Pierce Public Library on the same day. 2 1 P a g e Regular Meeting Tuesday, September 6, 2016 6:00 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Paula A. Lewis, District No. 3 AYES: Kim Johnson, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson ABSENT: Tod Mowery C. Resolution - Proclaiming the month of September 2016 as "Hunger Action Month" in St. Lucie County, Florida. David Vaina, Senior Director of Marketing, Communications and Brand Strategy and Wendie Berardi, Director of External Relations, from the Treasure Coast Food Bank accepted the proclamation. Mr. Vaina thanked the Board for the recognition and thanked county staff for their work on the PSA for the summer feeding program. He spoke about the issue of hunger on the Treasure Coast. Mr. Vaina also commended the efforts of volunteers from St. Lucie County, who accounted for the majority of the agency's 43,000 volunteer hours last year. He invited everyone to attend the 2nd annual "Pack the House" event on September 9th and 10th. He explained that approximately 500 volunteers will help sort and pack food during the 24-hour event. Commissioner Dzadovsky asked how someone would be able to donate or volunteer with the organization. Mr. Vaina answered that volunteers can sign up or donate on their website: stophunger.org. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Paula A. Lewis, District No. 3 AYES: Kim Johnson, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson ABSENT: Tod Mowery D. Resolution - Adoption of a resolution proclaiming Monday, September 12, 2016 as "Florida Missing Children's Day" in St. Lucie County, Florida. Chairman Johnson stated that the proclamation will be mailed to John Pitta, President of the Florida Missing Children's Day Foundation. Commissioner Dzadovsky spoke about the success that Facebook has had in locating missing children and adults. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Paula A. Lewis, District No. 3 AYES: Kim Johnson, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson ABSENT: Tod Mowery E. Resolution - Proclaiming the month of September, 2016 as "Suicide Awareness Month" and September 10, 2016 as "Suicide Awareness Day" in St. Lucie County, Florida. Art Ciasca, CEO and Brady Talley, Board of Directors from Suncoast Mental Health accepted the proclamation along with Cynthia Caruthers, Corporate Compliance Officer and Zero Suicide Initiative Coordinator and Kathryn Hensley, Board Member from New Horizons of the Treasure 3 1 P a g e Regular Meeting Tuesday, September 6, 2016 6:00 PM 1.1 Coast accepted the proclamation. Ms. Hensley addressed the Board on the significance of the 320 suicides on the Treasure Coast each year. She stated the figures related to suicide in the state compared to national levels, including 13% of adolescent deaths being attributed to suicide. She thanked the Board for the recognition and expressed optimism at 100% prevention with proper intervention. Ms. Hensley explained the efforts to educate members of the school system on "mental health first aide" and the need for additional funding. Mr. Ciasca stated that the CDC released a new report indicating that suicide rates are increasing, with white middle-aged males and preteen females experiencing the greatest rate of increase. He also stated that the United States experienced 41,000 suicides in 2014, with 2,900 in the state of Florida and 46 in St. Lucie County. He shared additional statistics on suicide rates for adolescents and veterans. Mr. Ciasca spoke about World Suicide Prevention Day symposium at Tradition Town Hall on September 9th at 8:45am. He also invited the public to attend the "Out of Darkness" walk on September 10th at gam in Flagler Park. Ms. Caruthers stated that New Horizons will host a 2 hour presentation for everyone to attend on September 9th at gam at the botanical gardens. She asked everyone to participate in a moment of silence on September 10th at noon in recognition of those who have lost their lives or may be thinking of suicide. She also asked everyone to light a candle that night at 8pm to light up the Treasure Coast. Ms. Caruthers said there will be a presentation on September 16th at 10am at the Fort Pierce library and another presentation in Spanish on September 23rd at the St. Lucie Botanical Gardens. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Paula A. Lewis, District No. 3 AYES: Kim Johnson, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson ABSENT: Tod Mowery F. Resolution - Proclaiming the week of September 5, 2016 as "Master Gardener Week" in St. Lucie County, Florida. Mary Moore, the OF/IFAS St. Lucie County Master Gardener President accepted the proclamation along with volunteers from the organization. Ms. Moore thanked the Board for the proclamation and spoke about the S27 master gardeners who have been trained by the program since 1983. She explained the goals of the organization to inform and beautify the community through volunteering over 20,000 hours in 2015. Ms. Moore invited the community to attend the group's 1st annual "Fall Festival and Plant Sale" on October 8th from Sam to 2pm at the St. Lucie County OF/IFAS Extension. She also presented the new location board which demonstrates the location of the master gardeners throughout the county. RESULT: ADOPTED [UNANIMOUS] MOVER: Paula A. Lewis, District No. 3 SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman AYES: Kim Johnson, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson ABSENT: Tod Mowery PUBLIC COMMENT (excluding Public Hearing items) 21 Regular Meeting Tuesday, September 6, 2016 6:00 PM 7. EJ Barry Mucklow, Port St. Lucie Resident - Mr. Mucklow addressed the Board on the topic of regionalism and spoke about the dangers of a global economy. He stated that the county is plagued by plans and incentives to remain competitive. He compared other projects around the world to the All Aboard Florida or Brightline project. He spoke about "Florida Cornerstone 2030" as it was introduced by the Chamber of Commerce and presented information from the website for the project. Mr. Mucklow stated that government has never provided prosperity and should protect citizens' rights. Howard Fein, Port St. Lucie Resident - Mr. Fein congratulated Commissioner Dzadovsky on his success in the latest election. He expressed optimism about intermodal transportation projects in the county. He mentioned the resolution on the agenda for the airport master plan and recommended extending the airport to the west. PRESENTATIONS There are no items scheduled. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Frannie Hutchinson, District No. 4 AYES: Kim Johnson, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson ABSENT: Tod Mowery A. WARRANTS 1. Warrant Lists 45 through 47 B. ADMINISTRATION 1. Acceptance of Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) for the Maintenance and Repair Overhaul (MRO) Hangar Project 2. Award Bid #16-028 to Dickerson Florida, Inc. 3. Commissioner Frannie Hutchinson's Committee Appointment 4. Acceptance of Federal Aviation Administration (FAA) Grant Agreement (JPA) to Conduct the Airport Master Plan Study C���1�P► j i7e��] 7 i; I �'1 1. Permission to Advertise - Ordinance Clarifying Library Advisory Board Member Terms 51 Regular Meeting Tuesday, September 6, 2016 6:00 PM 2. USDA Service Center - Lease Agreement for 8400 Picos Road Office Space 3. Resolution - Accepting a Conservation Easement on behalf of St. Lucie County from RaceTrac Savanna Club #1136 4. Port Entrance Road - North 2nd Street - Amended and Restated Escrow Agreement - Plainsman Investments, LLC 5. Resolution - McCarty Road North Bridge 6. Resolution - Waste Pro Exclusive Residential Agreement - Fifth Amendment 7. All Aboard Florida - Payment of Legal Defense Invoices through All Aboard Legal Defense Fund D. COMMUNITY SERVICES 1. State Aid to Libraries 2. Rosser Library -Opening Day Collection Processing Agreements E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES There are no items scheduled. G. HUMAN RESOURCES There are no items scheduled. H. INFORMATION TECHNOLOGY There are no items scheduled. I. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. J. OFFICE OF MANAGEMENT & BUDGET 1. St. Lucie Sports Complex Funding Request K. PARKS, RECREATION & FACILITIES 1. Capital Improvements -Tradition Field (Sterling) 6 1 P a g e Regular Meeting Tuesday, September 6, 2016 6:00 PM L. PLANNING & DEVELOPMENT SERVICES 1. Permission to Advertise - Text Amendment to the Land Development Code M. PUBLIC SAFETY 1. Everbridge Notification System N. PUBLIC WORKS 1. 3646 : Capron Trails New Mining Permit 2. Greater Friendship Missionary Baptist Church, Inc. — Final Acceptance 3. Award of Bid No. 16-048 - Chip Seal & Asphalt Surfacing 4. Award of Bid No. 16-046 - Purchase of Asphalt 5. Award of Bid No. 16-047 - Roadside / Long Line Mowing 6. Resolution - Noa Municipal Services Benefit Unit 7. Resolution # 2016-136 moved to Public Hearings 8. Resolution - Jenkins Park/Starcher Municipal Services Benefit Unit O. SHERIFF'S OFFICE There are no items scheduled. P. SOLID WASTE There are no items scheduled. Q. SUPERVISOR OF ELECTIONS There are no items scheduled. R. TRANSPORTATION PLANNING ORGANIZATION 1. Approval of Federal Metropolitan Planning (PL) Grant First Authorization for FY 16-17 2. Approval of Florida Commission for the Transportation Disadvantaged Planning Grant for FY 16/17 S. UTILITIES 1. CDM Smith WA #4 - South Hutchinson Island Annual Inspection, Engineer's Report and Permit Renewal 7 1 P a g e Regular Meeting Tuesday, September 6, 2016 6:00 PM 9. PUBLIC HEARINGS A. B COUNTY ATTORNEY 1. Solid Waste Final Assessment Resolution The Assistant County Attorney presented this item. She stated, pursuant to chapter 38 of the code of ordinances St. Lucie County Board of County Commissioners has the authority to impose an annual assessment for solid waste collection, disposal and administrative fees. Staff continued, that on July 26, 2016 the Board adopted Resolution 15-108, which was the Solid Waste Initial Assessment Resolution. This resolution authorizes the Board to impose assessments for solid waste services for the fiscal year commencing October 1, 2016 at a rate of $252.06 per dwelling and the collection to be on the 2016 tax bill. The Assistant County Attorney indicated this resolution also established a public hearing to be held on September 6, 2016 at 6:00 p.m. or as soon thereafter as may be heard. She reiterated that the rate will be $252.06 for a dwelling unit and has not changed from the current rate being charged. The public hearing was noticed in the newspaper on July 21, 2016. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Paula A. Lewis, District No. 3 AYES: Kim Johnson, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson ABSENT: Tod Mowery 2. Ordinance - Weight Limits on Gordy Road Bridge over Ten Mile Creek The County Attorney presented this item. He stated this ordinance concerns weight limits on Gordy Road Bridge over Ten Mile Creek. In April of this year the State Department of Transportation contracted with a bridge inspector consultant to perform a load analysis on the bridge. Staff stated that the analysis showed that the bridge should be posted at both approaches at or below the following levels; single unit vehicles - 21 tons, combination vehicles 28 tons, ST5 Vehicles - 33 tons. Staff attached a draft ordinance which, if adopted, would incorporate the load limits into the appropriate section in the county code. The County Attorney note that FDOT requested that the county post the weight limits by June 9, and the county has complied. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman AYES: Kim Johnson, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson ABSENT: Tod Mowery 1. Resolution - Property Clean-up Special Assessment District Regular Meeting Tuesday, September 6, 2016 6:00 PM The County MSBU Coordinator presented this item. She stated that article 2 of the county's code of ordinances addresses the nuisances that arise when property is allowed to deteriorate. Section 38-28 "lot cleanup" prohibits the accumulation of trash, junk, debris, living and nonliving plant material, stagnant water, excessive growth of grass, weeds, brush, windows, skylights, and doors that are not water tight, and the keeping of fill on property. Staff continued that the intent of this section is to prevent conditions on property that may result in property threatening or endangering public health and safety to county residents by: providing a habitat for rodents, vermin, reptiles and other wild animals; providing a breeding place for mosquitoes or flies; serving as a place for illegal activity; and impairing the economic value and enjoyment of nearby property owners. The County MSBU Coordinator indicated that if a property is found to be in violation and the owner fails to remedy the violation, section 38-28 sets forth the procedures necessary for the county to remedy the violations and levy non -ad valorem assessments in order to recover the costs incurred by the county. She stated that there are 25 properties on the 2016 property clean-up special assessment roll and assessment amounts range from $345.74 to $851.06. The actions taken by the county to remedy the violations include but are not limited to mowing, trimming bushes, shrubs and trees, and securing windows, skylights, doors and pools. Staff indicated that effected property owners were first notified their property was found in violation and given 15 days to file an appeal or 20 days to remedy the violation, or the county would remedy the violation and asses the property owners for the cost which may be collected as non -ad valorem assessments on the annual tax bill. After the county caused the violation to be remedied, property owners were notified that their property had been assessed for the cost incurred by the county for providing the remediation services and that it was the county's intent to record the assessment as a lien against their property if not made within 20 days. The County MSBU Coordinator stated that notice of the public hearing was published in the newspaper and mailed to effected property owners on August 15, 2016. PUBLIC HEARING: Howard Fein, Port St. Lucie Resident - Mr. Fein spoke about the ordinance and indicated that it seemed to be granting the government more authority. He stated that it would be a way to enact more fees on constituents and asked the Board to limit these regulations and consider the unstable economy in the county. Chairman Johnson commented that this item pertains to abandoned properties and that these properties were not being taken care of properly by their owners. He spoke about the dangers that these properties pose to residents. Mr. Fein added that he was concerned about the creation of a new special assessment district that will continue to grow. Commissioner Lewis asked to confirm that this would only pertain to properties that have become a hazard to neighbors. She added that the county uses general taxpayer dollars to clean up these abandoned properties. She has heard complaints from 9 1 P a g E Regular Meeting Tuesday, September 6, 2016 6:00 PM residents living near these properties and the hazards they pose. She clarified that these fees would only be levied upon those who have abandoned their properties. Chairman Johnson confirmed Commissioner Lewis's statements. Commissioner Dzadovsky stated that the Code Enforcement Department does a great job of protecting the community. He added that failing to maintain properties in the county will result in lower property values and increased crime. He also indicated that the Code Enforcement Board gives residents every opportunity to take action to fix any issues on their property. Chairman Johnson closed the public hearing at this time. Commissioner Hutchinson agreed with the comments from the Board and stated that this would be a way for the county to recoup funds lost to repairing the abandoned properties. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Frannie Hutchinson, District No. 4 AYES: Kim Johnson, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson ABSENT: Tod Mowery 10. REGULAR AGENDA A. COUNTY ATTORNEY 1 2 Ordinance # 2016-15 moved to Public Hearings South Florida Water Management District Environmental Resource Permit Modification No. 13-05321-P - All Aboard Florida The County Attorney presented this item for the South Florida Water Management District Environmental Resource Permit Modification. Staff indicated that on August 19 the South Florida Water Management District ("District") issued the permit to All Aboard Florida and Florida East Coast Railroad. That permit authorizes the construction of a stormwater management system to serve railway facilities located in Palm Beach, Martin and St. Lucie Counties as part of the proposed railway system that would connect Orlando and Miami with intermediate stops in Fort Lauderdale and West Palm Beach. The County Attorney indicated that during the permit review process St. Lucie County staff along with Martin County staff, special counsel, the environmental firm Passarella and Associates provided technical review comments. He continued that the review indicates that All Aboard has not demonstrated that water quantity, quality and ecological adverse impacts will not occur and not satisfied the public interest test, as required by Florida law and District rules. He indicated that county staff has tried to impact the decision and made correspondence with the District. Unfortunately, the District permit did not fully address these comments so that from a county staff and consultant perspective the District should not have issued the permit. Staff stated that Martin County has authorized the filing of a request for administrative review and agreed to pay half of the costs of a consolidated proceeding if St. Lucie 101Page Regular Meeting Tuesday, September 6, 2016 6:00 PM County also initiates its own request. Staff attached a memorandum dated September 1st from Mr. Fernandez, who represents both counties in this issue, which outlines specific actions or objections to the District's issuance of the permit. The County Attorney stated that when contemplating litigation it is appropriate to look at a "best case/worst case" scenario. In this case, the best case scenario is that the hearing officer agrees with Martin and St. Lucie Counties' position and invalidates the permit. The worst case scenario is that the hearing officer agrees with the District and approves the issuance of the permit. He continued, St. Lucie County has focused its efforts at the Board level on making sure that any negative effects of the proposed project are eliminated or mitigated in two main areas; vehicular/pedestrian safety at crossings and environmental impacts including impacts to water quality and endangered species. He stated that the Public Works Director As has been substantially successful in convincing the Federal Railroad Administration to require All Aboard Florida to make significant improvements at crossings. He referred to Mr. Fernandez's memorandum, and indicated that there has not been success with communicating with the District. Staff stated that Mr. Fernandez recommends that the Board authorize the filing of a request for administrative proceeding. The County Attorney reviewed the total cost of the litigation, between $200,000 and $250,000, including the cost of experts. If the Board decides to move forward, staff will need to increase the existing expense fund by $100,000 from the general fund emergency reserves. This will result in total contribution in that expense fund of $600,000 and result in an available balance to be allocated toward litigation of $275,000. Staff recommended that the Board authorize the filing of the request for administrative proceeding, as recommended by special counsel and also recommended approval of sharing costs with Martin County and increase of the All Aboard expense fund. Commissioner Dzadovsky spoke in support of the measure to move forward to protect the quality of life for county residents. He spoke about the challenges to move forward with the effort and commended the work done by staff and counsel. Commissioner Dzadovsky made the motion for approval. Commissioner Lewis seconded the motion. She added that although she was concerned to use reserve funds, she felt that it is more than justified by the possible impacts this project poses to the county. She spoke about previous efforts to mitigate the negative impacts and suggested moving forward. Commissioner Hutchinson spoke in favor of the expenditure. She expressed confidence in addressing the necessary points and thanked staff and consultants for their work on safety concerns. She considered the county's costs to be conservative compared to neighboring counties. Chairman Johnson thanked county staff for their work. He stated that there is value to moving forward with utilizing the dollars for the health and safety of the county. 11 1 P a g Regular Meeting Tuesday, September 6, 2016 6:00 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman SECONDER: Paula A. Lewis, District No. 3 AYES: Kim Johnson, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson ABSENT: Tod Mowery 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold two Budget Hearings, on September 8th and 22nd respectively, as they consider and adopt the annual budget for FY2016/2017. Both hearings will begin at 6pm and will be held in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. B. The Board of County Commissioners will hold an Informal Meeting on September 13, 2016 at gam in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. The Board of County Commissioners will hold a Regular Board meeting on September 20, 2016 at 9am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. D. The St. Lucie County Master Gardeners will be holding their Fall Family Fest & Plant Sale with a scavenger hunt, games, crafts and fun on Saturday, October 8, 2016 from Sam - 2pm at 8400 Picos Rd., Fort Pierce, FL. Please call (772) 462-1660 for more information. 12. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. 12 1