HomeMy WebLinkAbout2019-05-28 Committee of the Whole MinutesTukwila City Council Committee of the Whole Meeting
City Hall Council Chambers May 28, 2019 — 7:00 P.M.
MINUTES
COMMITTEE OF THE WHOLE
CALL TO ORDER/PLEDGE OF ALLEGIANCE
Council President Hougardy called the Tukwila City Council meeting to order at 7:01 p.m. and led the
audience in the Pledge of Allegiance.
OFFICIALS
Present were Council President Hougardy; Councilmembers Dennis Robertson, Verna Seal, De'Sean
Quinn, Kate Kruller, Thomas McLeod.
Councilmember Idan was not in attendance.
CITY OFFICIALS
Allan Ekberg, Mayor; David Cline, City Administrator; Rachel Bianchi, Deputy City Administrator; Vicky
Carlsen, Finance Director; Nora Gierloff, Deputy Community Development Director; Todd Rossi, Police
Commander; Lynn Miranda, Senior Planner; Henry Hash, Public Works Director; Hari Ponnekanti, Public
Works Deputy Director/City Engineer; Laurel Humphrey, Council Analyst; Andy Youn, Deputy City Clerk.
SPECIAL PRESENTATIONS
a. Police Department life-saving awards to: Peter Tiemann, Dustin Johnson and Erwin Mackie.
Todd Rossi, Police Commander, provided a summary of events leading to the recognition of the following
Police Officers:
On October 31, 2018, Officer Dustin Johnson responded to a report of a CPR in progress on a six-month
old infant. Upon arrival, Officer Johnson performed an immediate assessment, cleared the child's airway
and provided rescue breaths until the child was able to breathe independently. The child was transported
to the hospital for additional care. As a direct result of Officer Johnson's quick actions and ability to
perform under urgent circumstances, the child is alive today.
On December 26, 2018, Officer Peter Tiemann was notified of an unconscious individual at the parking lot
of ACME Bowl. He conducted an immediate assessment of the person and began CPR and continued
until Tukwila Fire Department personnel arrived and transported the individual by ambulance to the
hospital. The individual survived their medical emergency, thanks to Officer Tiemann's reaction and ability
to quickly assess the situation.
On March 4, 2019, Officer Erwin Mackie responded to a report of a woman sitting on the 66th Avenue
Bridge over 1-405. Upon his arrival, the individual moved away and positioned herself facing traffic on I-
405. She was unresponsive to the officer. Officer Mackie sprinted forward and was able to reach the
woman and remove her from the bridge. The individual was later transported to the hospital for a mental
health professional evaluation. Officer Mackie's decisive actions prevented this person from jumping off
the bridge in an attempt to end her life.
Commander Rossi presented the life-saving medals to the law enforcement personnel, as well as the
"Chief's Coin," a department symbol of dedication.
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May 28, 2019 Page 2 of 9
b. Police Department Distinguished Service Award for Mark Dunlap.
Commander Rossi stated Sergeant Mark Dunlap has significantly enhanced the Tukwila Police
Department's reputation during his 22 years of dedicated service as a VSWAT (Valley Special Weapons
and Tactics) Officer. He has invested significant time in physical training, responding to callouts, and
planning training for the team. During his tenure as a VSWAT member, he was a team leader, drone pilot,
explosive breaching trainer, regional active shooter training coordinator, and VSWAT training coordinator.
Commander Rossi presented the award to Officer Dunlap.
PUBLIC COMMENTS
There were no public comments.
PUBLIC HEARING
An ordinance renewing a moratorium within the Tukwila International Boulevard Study Area.
7:14 p.m. Council President Hougardy opened the public hearing.
Lynn Miranda, Senior Planner, introduced herself and provided a background on planning efforts thus far:
In February 2017, a community workshop was held in Tukwila by the Congress for New Urbanism (CNU)
to help the City determine how to implement the vision, goals and policies in the Tukwila International
Boulevard (TIB) Element of the City's Comprehensive Plan that was adopted by the Council in 2015. A
key part of the community's vision was to transition TIB from a regional -serving highway to a "main street"
that improves pedestrian and auto safety and has developments that serve the neighborhood.
CNU's recommendations were presented to the Council in May 2017 and included adding on -street
parking on TIB to set the walkable main street character and zoning code revisions that leverage the
areas' proximity to light rail and encourage the types of development desired by the community.
In July 2017, the Council adopted the first moratorium to prevent the establishment of certain auto -
oriented uses, hotels and motels, services and developments that are inconsistent with the vision for a
denser, pedestrian -oriented area. The moratorium applies to the Neighborhood Commercial Center and
Regional Commercial zones in the TIB district and has been renewed every 6 months since then to allow
the neighborhood planning process to be completed. The current moratorium on these uses is set to
expire on July 9, 2019.
Significant tasks that must still be completed include the following:
• Public Works analysis of the cost of on -street parking on TIB and potential mitigation measures
• Council decision on implementing on -street parking on TIB
• Revisions to the zoning code
• Preparation of a new Design Manual for the TIB area
• Evaluating environmental impacts
• Conducting community outreach
• Planning Commission hearing and recommendation on zoning code changes
• Council hearing and recommendation on zoning code changes
Staff are requesting a renewal of the moratorium to allow the planning effort to be completed. Ms.
Miranda clarified the moratorium will not prevent any existing businesses from renewing their business
license.
The Councilmembers asked clarifying questions as follows:
• Is the informational memorandum (pages 3-4 of the agenda packet) in track changes due to
changes at the Community Development and Neighborhood Committee? Ms. Miranda explained
staff was considering interim modifications to the existing Zoning Code to cancel the need for
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May 28, 2019 Page 3 of 9
further extensions of the moratorium, but the Committee asked that language be removed from
the memorandum as that is a separate issue from the renewal of the moratorium.
• Are there any changes to the ordinance renewing the moratorium? Ms. Miranda confirmed there
are no changes to the ordinance.
• How many renewals to the moratorium have been passed and how many more might be needed?
Ms. Miranda said this will be the 4th renewal. Future renewals will depend on how long the
planning process takes and decisions to be made, but staff hope to have interim Zoning Code
changes before the Planning Commission and Council early next year.
• Are the moratoriums effective for only 6-month periods? Ms. Miranda answered in the affirmative.
7:20 p.m. Council President Hougardy called for public comments.
There were no public comments.
7:20 p.m. Council President Hougardy closed the public hearing.
SPECIAL ISSUES
a. An ordinance renewing a moratorium within the Tukwila International Boulevard Study Area.
Councilmember Quinn indicated this item was discussed at the Community Development and
Neighborhoods Committee meeting on May 14, 2019. The committee members forwarded this item with
unanimous approval. Mr. Quinn highlighted the Work Program on pages 13 — 14 of the agenda packet
that shows the work that has been completed to date and the remaining tasks.
COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING.
b. Public Safety Plan:
(1) Amendment #5 to contract #18-049 with BNBuilders for the Total MACC (Maximum Allowable
Construction Cost) for the Justice Center.
Councilmember Robertson indicated this item was discussed at the Public Safety Committee meeting on
May 20, 2019. The committee members forwarded this item with no recommendation.
Rachel Bianchi, Deputy City Administrator, relayed renderings, videos, and information on the Public
Safety Plan projects are available on the City's Public Safety Plan website.
Ms. Bianchi utilized a PowerPoint presentation to provide an overview of the Maximum Allowable
Construction Cost (MACC) for the Justice Center (pages 93 — 99 of the agenda packet) as follows:
Justice Center
• Total MACC on budget after value engineering of more than $1.2M without effect on public or end
users
• Technology scope of work moved from the Furniture, Fixtures and Equipment (FF&E) budget to
construction; associated budget moved as well
Justice Center Costs
Pre -construction Trecoodg ve
nstruction services, demolition of former Sahara Restaurant and = $563,671
e (with sales tax) i
,
Mini-MACC Demolition and abatement of remaining buildings, $10,894,458
i foundations/structures and water proofing, and earthwork and utilities i
( Total MACC Masonry, casework, siding, roofing, doors, frames and hardware, $23,155,541
aluminum systems, elevator, fire protection, mechanical, electrical, site
concrete, insulation, acoustical, floor coverings, painting, specialties and
equipment, window coverings, paving and striping, irrigation and
landscaping
Total Construction Cost
Sales Tax
Contingency
Total
$34,562,427
$ 3,456,244
$ 3,446455
$ 38,018, 671 _....,i
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May 28, 2019 Page 4 of 9
Justice Center Construction Budget
A/E Services
Permits/Fees
Construction (Pre -Con, Cosst & Tax)
Construction Related Costs (incl. bond & FF&E)
PM Services (ncl other prof services)
Contingency (ind constand pro))
Contingency for site Contamination
Land Acquisition
Contingency for Land Acquisition
Total
$ 3, 500,000
01
$38,018,671
$2,082,596
_.i
$4,795,518
$550,000
$13,710,562 I
$1,550,000
$66,994,711
The low -voltage wiring scope of work was moved into the Construction budget, which was originally held in the FF&E
budget. The budget amount of $238,075 was also moved from the FF&E budget to Construction. No change in overall
project budget.
This amendment to contract #18-049 with BNBuilders is for the remaining construction for the Justice
Center. The Council is being asked to provide the Mayor the authority for the following:
• To sign a contract amendment with BNBuilders for $23,155,541 for the remaining construction of
the Justice Center. This increases the total contract authorization to $34,562,427.
• To spend $2,315,554 in sales tax associated with the contract amendment above. This
increases the full sales tax authorization to $3,456,243.
• To spend, if needed, the full project's contingency for change orders, budgeted at 10% of the
total construction cost, or up to $3,446,455. The Public Safety Committee was agreeable to this
with the condition that contingency funds are not used to "buy back" items that were previously
value engineered without Council approval.
Ms. Bianchi explained the Council will be receiving monthly construction updates containing change order
information and detailed tracking of the Justice Center project in the near future.
Steve Goldblatt, the Council's Project Management Quality Assurance (PMQA) consultant, said this is a
natural and incremental step although the amount being considered is a large amount of money. The
Justice Center project is within budget. The contingency amount is standard for this kind of project and
does not mean the Council and City will spend the funds unless needed. He noted each request for use
of contingency will be vetted carefully by the project team in coordination with the contractor to pay the
value of the change orders.
The Councilmembers offered the following comments:
• Appreciation of the Public Safety Committee for their due diligence in vetting the Public Safety
Plan;
• Acknowledgement that there will be difficult financial decisions for the Council to make this
summer;
• Acknowledgement of the prudence of the value engineering effort by the project team;
• The General Contractor/Construction Management (GC/CM) approach has been a productive
delivery model that mitigates some risks and has allowed the City to estimate and check the
budget in real time;
• A request for a chart that outlines the original project budgets compared to the current revised
budgets.
Ms. Bianchi confirmed the requested chart will be included in the next Council agenda packet.
COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING.
(2) Consensus on Schematic Design Estimate for Fire Station 52.
Ms. Bianchi explained staff are providing an update on the Fire Station 52 project. She offered the
reminder that this facility will be located in the north parking lot behind the 6300 Building and will be a 2-
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May 28, 2019 Page 5 of 9
story building that will house the Fire Administration Headquarters that is currently located in Fire Station
51
She utilized a PowerPoint presentation to provide an overview as follows:
Fire Station 52
• Estimating began after Schematic Design phase; Fire Station 51 bids
used to inform estimating
• Project team value engineered $668,000 from the total budget
• Team determined no additional savings without significant impacts
Ms. Bianchi noted the project budget for Fire Station 51 includes the fast -acting doors that were on the list
of alternates. The doors were added at the cost of an additional $60,000 as they are an operational
request from the Fire Department.
Fire Station 52 Estimate
• Estimated at $4.23 million over the revised budget of $19,260,000;
includes tax and contingency
• Estimate includes over $1 million in contingency for earthwork
• Overage due to:
• Complexity of building
• Continued market escalation
• Volatile costs of earthwork
• Alternate #1, full build out of the Administration space estimated at
$1.25 million; includes tax and contingency
Moving Forward
• Opportunity to fill gap with unanticipated, one-time funds of Streamlined
Sales Tax (SST) mitigation funds restored by the Legislature this session.
• Other sources of funds to pay for the gap and/or alternate exist, including:
• unallocated Fire Impact Fees
• one-time contingency funds
• ending fund balance in excess of City policy
• dedicate project sales tax
• issue additional debt
• additional options discussed during previous PSP discussions
• Recommend staff works with the Finance Committee in June to identify
potential additional funding.
Ms. Bianchi explained staff have initiated conversation with the Finance Committee. They will be working
on identifying funding sources in addition to the unanticipated, one-time Streamlined Sales Tax (SST)
mitigation funds that were restored by the Legislature and will be bringing forward funding
recommendations for the full Council to consider.
Fire Station 52 Timeline
Project constrained by market escalation. Timeline critical to ensure ability
to contain costs. Projected escalation if the City delays until May of 2020 in
excess of an additional $1.3 million.
• Mini-MACC. Earthwork, site utilities, electrical, structural
• July 1: Public Safety Committee
• July 8: Committee of the Whole
• July 15: Full council consideration
• Final MACC. Building construction
• October 28: Public Safety Committee
• November 11: Committee of the Whole
• November 18: Full Council consideration
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May 28, 2019 Page 6 of 9
Ms. Bianchi emphasized the project timeline is very tight and constrained by market escalation. The most
volatile costs on this project are associated with earthwork. The project team is set to bid next week for
the mini-MACC in order to meet the window in which earthwork can still be accomplished during the dry
season. The project team is hopeful they can meet the proposed timeline as it will make a tangible
difference in the overall cost of this project.
Councilmember Kruller asked whether any earthwork will be occurring during the final MACC phase of the
project that will be considered by the Council in November 2019. Ms. Bianchi clarified the project team
anticipates signing the Notice to Proceed for earthwork in mid -July through the mini-MACC phase. The
bulk of the earthwork will be completed this summer with construction of walls and building components
during the wet season.
Ms. Bianchi further clarified this item does not require further action at this time as staff are only providing
an update on Fire Station 52. As the project team spent significant time on refining and value engineering,
the project has moved past the Schematic Design phase and is nearing the end of the Design
Development phase. Staff intends to bring this item back to the full Council after the Finance Committee
has made their funding recommendation.
Mr. Goldblatt reminded the Council the first real numbers would come through the Schematic Design
Phase. The Fire Station 51 project had real numbers that informed the estimates for the Fire Station 52
project, resulting in higher accuracy. Due to the necessarily high contingency for earthwork and the
escalation of the market, the budget is not surprising. He offered the reminder this facility is intended to
stand for several decades and cautioned that more elements cannot be removed from the project without
reducing the value and the long-term use of this facility.
Craig Greene, Vice President of Operations at Lydig Construction, explained some of the factors
contributing to the complexities of this project are the need for grading, site location, and the 2-story
building design. Moving up the project's design was a valuable effort that avoided significant escalation.
He shared the project team is also seeing high market volatility with some subcontractor trades such as
earthwork and utilities. There are also structural considerations, as this building is a facility that cannot go
down under any circumstances.
Councilmember Quinn highlighted the importance of emphasizing that Fire Station 52 needs to remain
standing in the case of a serious event. This was the intent of the building going into this project.
Councilmember Kruller:
• What is the current proposal for the Administration space in Fire Station 52? Ms. Bianchi
explained Alternative #1 is a full build -out of the Administration space. Currently, the proposal is
to build the shell for the Administration space and not put anything into the space unless the
project team determines there is additional funding. There will not be any drywall, fixtures, or
furniture.
• How has the design changed for Fire Station 52? Ms. Bianchi indicated the site has always
necessitated a 2-story building, but the project was changed to a drive -through design.
• What are the soil conditions on the Fire Station 52 site? Are there any value -engineering
opportunities using the excavated soil from any of the Public Safety Plan projects? Mr. Greene
shared the soil conditions on the Fire Station 52 site are not good as the soil is too soft and filled
with clay to be usable as structural fill. Several retaining walls will need to be built so the site can
be stepped to the appropriate levels and graded. Structural fills will need to be imported as the
soil cannot be reused. Ms. Bianchi clarified none of the project sites contain soil that can be used
as structural fill.
• How have the square footage needs changed since changing to a drive -through design? Ms.
Bianchi relayed she would follow up with the project team and bring this information back to the
Council.
• In response to a request for clarification, Mr. Goldblatt explained the PMQA report addresses the
performance of the project team and staff, who have been performing well. Red items indicate
serious issues where recovery may be difficult. He recently adjusted Fire Station 52's status from
green to yellow as it is over budget by $4.23 million.
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May 28, 2019 Page 7 of 9
Councilmember Seal reiterated the importance of making sure this building will remain standing during a
serious event. While the project is over budget, this is a facility that may save many lives.
Councilmember Kruller stressed the Council needs to remain informed of the increasing costs and what is
offsetting the increases. She is interested in comparing the original project budgets with the current
budgets for the benefit of the public.
c. Solid Waste collection:
(1) An ordinance amending the Solid Waste Utility Tax and Recycling Surcharge.
Councilmember Kruller indicated this item was discussed at the Transportation and Infrastructure
Committee meeting on May 21, 2019. The committee members forwarded this item with unanimous
approval. Ms. Kruller noted the committee is very conscious of increasing costs to residents and
businesses and had requested outreach to the business community.
Henry Hash, Public Works Director, explained there are two issues: The first item is an ordinance to
increase the Solid Waste Utility Tax by 10% and amend TMC (Tukwila Municipal Code) Chapter 3.51.
The second item is a request for Council approval of a Letter of Understanding with Waste Management
(WM) of Washington, LLC for additional services and a 5% Recyclable Cost surcharge.
Utility Tax
Mr. Hash said heavy solid waste vehicles can cause significant asphalt damage to road surface and
shorten the life of pavement, leading to roadways needing repair and replacement. The current solid
waste utility tax is 6% and it has not been adjusted since 2009. Staff are proposing to increase the current
rate to 16%.
Recycling Costs
Due to the changes in the global recycling market and the increased costs, WM has requested an
increase to the recycling rates to offset the additional recycling costs. After negotiations, staff are
proposing a 5% Commercial Recyclable Cost surcharge to offset WM's costs associated with the
weakening recycling market. The proposed surcharge would be in place for two years and may be
extended with Council approval. In addition, WM would pick up an additional 20 City -owned garbage
containers twice weekly at locations chosen by the City.
Hari Ponnekanti, Deputy Public Works Director/City Engineer, added the proposed utility tax and
recycling surcharge only apply to commercial users, not residential. Even with the proposed increases,
the solid waste and recycling rates remain below Tukwila's neighboring cities.
Andrea Reay, 14220 Interurban Avenue South, President/CEO of the Seattle Southside Chamber of
Commerce, thanked the Transportation and Infrastructure Committee for reaching out to the Chamber.
She expressed her appreciation of the partnership with the City of Tukwila. She is well aware of the
impact caused by the changes to the global recycling market and understands the need for the 5%
Recyclable Cost surcharge. She expressed her concern that this will mean the second increase for the
business community in less than 2 years due to the recent increase in the Revenue Generating
Regulatory License (RGRL)/business license fee. She suggested some mitigating strategies to reduce
impact could include a stepped increase, an income -based fee structure, or implementing the increase
over a longer period of time. She highlighted the importance of strategic outreach, so businesses
understand what is happening and why.
The Councilmembers offered the following comments regarding the 5% recyclable surcharge:
• The necessity of the surcharge due to the changes in the global recycling market;
• Agreement that the surcharge should be reviewed every 2 years;
• Concern regarding how these changes will impact residential rates.
8:41 p.m.
8:42 p.m.
Councilmember Quinn left the Council Chambers.
Councilmember Quinn returned to the Council Chambers.
Tukwila City Council Committee of the Whole Minutes
May 28, 2019 Page 8 of 9
The Councilmembers offered the following comments regarding the 10% increase to the Solid Waste
Utility Tax:
• Interest in implementing a stepped increase to reduce the impact to the business community;
• Interest in reviewing the rates every two years;
• General support existed to amend the ordinance to clarify the funds will be explicitly dedicated to
road improvements;
• The importance of outreach to the Seattle Southside Chamber of Commerce and the value of
feedback from the business community;
• A reminder that Ordinance No. 2586 increasing the commercial parking tax rate exempted
nonprofit organizations from the increase;
• This increase will result in an additional $750,000 annually that can be used towards repair in
residential and commercial areas.
COUNCIL CONSENSUS EXISTED TO RETURN THE ORDINANCE AMENDING THE SOLID WASTE
UTILITY TAX TO THE TRANSPORTATION AND INFRASTRUCTURE COMMITTEE AND APPROVE
THE LETTER OF UNDERSTANDING WITH WASTE MANAGEMENT FOR ADDITIONAL SERVICES
AND A 5% RECYCLABLE COST SURCHARGE.
(2) A contract extension with Waste Management of Washington, LLC.
Councilmember Idan indicated this item was discussed at the Transportation and Infrastructure
Committee meeting on May 21, 2019. The committee members forwarded this item with unanimous
approval.
Mr. Hash explained the current contract with Waste Management of Washington, LLC went into effect on
November 1, 2012 for a duration of 7 years and will expire on October 31, 2019. According to Section 1 of
the current agreement, the City may exercise an option to extend the contract for two 2-year extensions
for a total of four additional years. After outreach to nearby jurisdictions and consulting with Dr. Jeff Brown
of Epicenter, Inc., staff believe the City currently has a favorable contract already in place.
Staff are recommending the Council exercises the option to extend the contract for a total of 4 years.
COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING.
REPORTS
a. Mayor
Mayor Ekberg participated in the Vietnam Veterans Memorial Park opening and dedication on May 25,
2019 at the Museum of Flight honoring veterans. On Memorial Day, he attended the Memorial Day
Celebration at the Museum of Flight with keynote speaker Michael Reagan of the Fallen Heroes Project.
Mr. Reagan honors American Fallen Heroes by drawing portraits of those who served and fell in the line
of duty. He relayed he will not be able to attend the Teens for Tukwila event at Foster High School on
May 31, 2019.
b. City Council
Councilmember Quinn offered a reminder regarding the Affordable Housing Course that will be held in the
Council Chambers on May 29, 2019 from 5:30 p.m. — 8:30 p.m.
Councilmember Kruller attended a Sound Cities Association meeting on May 22, 2019 and heard updates
from legislators regarding the 2019 legislative session. She attended the Vietnam Veterans Memorial
Park opening and dedication on May 25, 2019 at the Museum of Flight and the Memorial Day Celebration
at the Museum of Flight.
Councilmember McLeod explained Committee meetings are open to the public and stated the Finance
Committee met on May 28, 2019 and received updates on the Fire Department, and funding options for
Fire Station 52.
Tukwila City Council Committee of the Whole Minutes
May 28, 2019 Page 9 of 9
Council President Hougardy attended a South County Area Transportation Board meeting on May 21 and
received an update on electric buses from Rob Gannon, General Manager of King County Metro Transit.
She attended the Highline Forum on May 22, 2019 and a Lodging Tax Advisory Committee meeting on
May 28, 2019.
c. Staff
There was no report.
d. Council Analyst
There was no report.
MISCELLANEOUS
Councilmember Kruller shared Public Works staff has been producing handouts detailing projects and
expenditures by neighborhood for the Transportation and Infrastructure Committee. She suggested
posting the information to the City's website as the information contained in the handout is highly
informative.
The Council Analyst relayed she will follow up regarding Ms. Kruller's request.
Councilmember Quinn suggested holding an Executive Session in the near future to discuss legal issues.
Council President Hougardy referenced a postcard she received in the mail regarding a Hazardous
Waste and Substances Reduction Program that is located in the Boeing Developmental Center Facility
and noted additional information regarding the program would be beneficial.
ADJOURNMENT
9:05 p.m. COUNCIL PRESIDENT HOUGARDY DECLARED THE COMMITTEE OF THE WHOLE
MEETING ADJOURNED.
Andy Youn, Deputy City Clerk
APPROVED BY THE COUNCIL PRESIDENT: 6/12/19
AVAILABLE ON THE CITY WEBSITE: 6/12/19