The Board Agenda is posted at: http://capousd-ca.schoolloop.com/file/1218998819331/1455438848279/1474344529390663222.pdf
The Board Meeting Audio is posted at: http://cusd.capousd.org/cusdweb/audio2016-17/CUSD_BoardAudio_March-8-2017.mp3
Board Audio at 2:15 Trustees went into closed session at 5:04pm at 2:17 Board Meeting started at 7:07pm ROLL CALL - Trustee Holloway is absent at 3:17 Adoption of the Agenda Staff has moved Item #18 Special Education Community Advisory Committee Annual Report to the Special Recognition section of themeeting tonight. Staff has moved Agenda Item #22 Resolution No. 1617-56, Ratification of Agreement to Purchase the Esencia School Site and Delegation to Accept the Deed to the First Discussion/Action Item tonight Staff has pulled Agenda Item #5 Award Bid No. 1617-18, Esencia K-8 - Straub Construction, Inc. from the Consent Calendar and it will heard immediately following Agenda Item #22. at 4:06 Trustee McNicholas May I please have a motion to adopt the Agenda Motion by Trustee Reardon Second by Trustee Pritchard Motion Passes 6-0-1 (Trustee Holloway absent) at 4:22 Report Out from Closed Session CLOSED SESSION
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SPECIAL RECOGNITIONSat 6:47 Ryan Burris CUSD recognizes Veronica Hoggat Chairperson Special Education Community Advisory and Mina Carson Ability Awareness
Agenda Item #18 Special Education Community Advisory Committee Annual Report page 188 Board Audio at 6:47 |
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EXTRA MILER AWARDRob Harris and Jeff Ridley for their commitment and dedication to the Best Buddy Programs at Dana Hills High School and San Clemente High School |
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ASSOCIATED STUDENT BODYat 24:05 Robert Medrano, Associated Student Body President for San Clemente High gave his presentation. San Clemente High School Tradition - Commitment - Experlence Chris Carter, Principal Matt Reid, Activities Director Robert Medrano, Associated Student Body President |
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BOARD AND SUPERINTENDENT COMMENTSSUPERINTENDENT COMMENTS at 28:11 Viejo Elementary PTA received an award from the 4th District PTSA for their free school wide art night. Viejo also received an "Art Cart" to be used during recess. Superintendent Vital sat on a panel presentation of the South Orange County Economic Coalition's 2017 Economic Report at Saddleback College regarding CTE pathways to build a strong economy to ensure jobs and housing for students. CUSD held a Special Board Workshop on March 15, 2017 on Independent PE Superintendent Vital attended the 2017 teacher of the year celebration at SOKA University. TRUSTEE COMMENTS at 31:14 Trustee Hanacek Attended CAC Ability Awareness Day and it was fabulous. Ability Awareness Program Guide: http://sped-capousd-ca.schoolloop.com/file/1255790833619/1370800239026/5848087683397751730.pdf Trustee Hanacek is and always will be a Triton Mom- San Clemente High has such great spirit and cohesiveness. "I wish my sons could do high school all over again!" 32:41 Trustee Jones Told a story about a cousin who had severe cerebral palsy and commented how if he were alive to day, he would be able to attend school and be welcome in school. Back when he was alive these students were not allowed to attend school. at 33:49 Trustee McNicholas Attended Viejo Elementary School Art Night. One of the things they had children do was lay on the floor and draw on paper that was taped to the underside of tables so they could experience Michael Angelo's perspective. 4th District PTSA Council received an award for their OUTSTANDING WORK ON ADVOCATING FOR MEASURE M George White Silent Auction Capo Valley High School won Southern California Section 2A Sectional |
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ORAL COMMUNICATIONSat 35:28 Sally White - CUEA President Two teachers past away - Terry Arndt of Kinoshita after a long battle, and Kristina Nusenow of Marblehead Elementary very suddenly. We just had our Teacher of the Year Awards at SOKA University. Now we are at our Annual Beg For A Raise Event Teachers make 17% less than their peers with the same education in other fields. We wonder why young graduates do not want to enter the teaching profession. We have 2,100 teachers and CUSD is telling us we are worth nothing. My son-in-law who has been working 11 years and has one less year of college than I do, and receives an annual bonus that is more than my salary. We recognize that are young teachers less than 15 years are still receiving Step and Column annually but they are still way behind their peers in the County. We loose newer teachers at about year 5. At Step 5 we are 24 out of 28 in the County At Step 10 we are 26 out of 28 in the County At Max Salary we Rank 21 out of 28 No raises in 4- years means even with a 5% bump that equals 1.25% per year. Our Increased contributions to benefits have completely eaten up any increases in compensation. IT SHOULD BE NOTED THAT THE ROOM WAS PACKED WITH TEACHERS ASKING FOR A RAISE ALL WEARING BLACK. at 38:53 Lisa Hoover She has been teaching for 31 years and does not understand why teachers are worth a 0% raise. at 40:53 Kristen Occura Positive benefits between physical education and cognitive thinking. PE cannot be learned on online. Bought every Trustee a book. at 44:07 Tim Samson Teacher 11 years. 2007 Teacher of the Year. New dad. Cost of rent is astronomical. Cost of buying a home is astronomical. Even with a 5% down payment on a $600,000 home the monthly payment is $3,500 there is no money left for anything else. My dog had to go to the vet $1,000.00 Car needs a new timing belt $600.00. If all your great teachers leave because they can't afford to live here, then what kinds of community will you have? at 47:41 Holly Woods Gray Works as a Financial Advisors at Students First Credit Union. CUSD does not allow us to have in-house access to your employees. Teachers do not understand their retirement benefits. San Diego Unified is offering an Early Retirement. We are on the approved provider list yet we do not have in-house access to your employees to provide them with valuable information. at 50:05 Donavan Higby on behalf of Congresswoman Mimi Walters Each spring, a nation-wide high school arts competition is sponsored by the Members of the U.S. House of Representatives. The Artistic Discovery Contest is an opportunity to recognize and encourage the artistic talent in the nation, as well as in our Congressional District. The Artistic Discovery Contest is open to all high school students in the 45th District. The winning artwork of our district's competition will be displayed for one year in the U.S. Capitol. The exhibit in Washington will include the winning artwork from all participating districts from around the country. The winning artwork is also featured on House.gov's Congressional Art Competition page |
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PUBLIC HEARINGBoard Audio at 51:52 Opportunities for Learning Public Charter Schools MATH: Proficient in Math by the end of 11th grade 7% ENGLISH: Proficient in English by the end of 11th Grade 52% (met standard) + 6% (exceeded standard) = 58% SCIENCE: Proficient in Science 46%
PRESENTATION BY DR HOLIDAY at 51:52 Dr Susan Holiday presents Opportunities for Learning Charter School Renewal. CUSD is getting a 30 day extension to review the Charter renewal. PUBLIC COMMENTS at 54:26 Olga Solomon, parent in support of the Charter at 54:11 Talen, student at Opportunities for Learning Charter School in support for Charter Renewal at 55:45 Andrew, teacher at Opportunities for Learning Charter School in support for Charter Renewal CHARTER SLIDE PRESENTATION at 56:48 Dr Able Cabrara Presentation Opportunities for Learning has been Chartered since 2002 at 57:45 Principal Nicholas Perez - Slide Presentation - Mostly White - not Hispanic Year around enrollment using APEX online learning to create individual learning plans. Special Programs - Partnership with Pathways in Education TRUSTEE COMMENTS at 63:17 Trustee Pritchard What is the Cost? at 63:30 Dr. Able Cabrara - It is FREE to students. CUSD spends $871,044.96 to educate 74 students $11,770 per student that is about double the per pupil funding at most school sites. at 63:31 Trustee Jones Can we please get a copy of your slide presentation? We went through it very quickly. at 64:06 Dr Susan Holiday There is a link to it on the web site. at 64:15 Trustee McNicholas With that I declare the Public Hearing Over. at 64:27 Superintendent Vital Next Steps? at 64:27 Dr Susan Holiday This will come back to the Board on May 10, 2017 with Staff's recommendations to Trustees |
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RE-ORGANIZATION OF THE BOARD AGENDAat 64:44 Trustee McNicholas Staff has pulled Agenda Item #5 and it will be a Discussion/Action Item. Agenda Item #17 it should be amended to read "SECOND READING" not "Ratification" Trustee Hatton-Hodson has to abstain from Item #16 Board Minutes because she was not here for that meeting. Trustee Reardon Pulls Item #20 Superintendent Vital pulls Item #22 BLUE CARDS - PUBLIC PULLS #2 #3 #4 #7 #12 #13 #14 #15 #16 #17 I believe we only have Item #6 on our consent calendar. Motion to adopt the Consent Calendar Motion by Trustee Jones Second by Trustee Hatton-Hodson Trustees vote 6-0-1 to approve Consent Calendar We will do Discussion Action Items First then Return to Consent Calendar Agenda Item #22 Resolution No. 1617-56, Ratification of Agreement to Purchase the Esencia School Site and Delegation to Accept the Deed. Board Audio at 68:15 Agenda Item #5 Award Bid No. 1617-18, Esencia K-8 - Straub Construction, Inc. Board Audio at 90:56 BROWN ACT VIOLATION The manner in which CUSD handled the MOU is a Brown Act Violation that has been turned over to the District Attorney. The MOU was never disclosed to the Public prior to the March 22, 2017 Board meeting. The Public had no opportunity to review the MOU and make comments. The Board audio clearly shows that it was an error to have Superintendent Vital sign the MOU. The audio makes clear that this error was recognized and that Trustee Reardon offered to CO-SIGN the document. When you look at the signature page that was released two days later the signature has been altered and is unintelligible. There is clearly NOT a signature by Kristen Vital and Jim Reardon. When I questioned Trustee Reardon about the signature he informed me that clearly someone took it upon themselves to "clean up the document" before releasing it to the public. In addition to "cleaning up" the signature page. Staff has since re-posted the Agenda Item to make it appear that the MOU was part of the Item all along. Having copies of the original item and the amended item- the Public knows that this is untrue. The following Board Audio illustrates this: at 126:28 Trustee McNicholas Before we go on to Consent Calendar, we need to go back to the MOU. In the absence of a Clerk (Trustee Holloway is absent) I must appoint a substitute. I appoint Superintendent Vital as Secretary to the Board to execute all Esencia related documents. Kristen Vital did sign any time sensitive documents needing a Clerks Signature and Trustee Holloway will sign the rest. at 133:19 Trustee Pritchard I am sorry, but we have to go back Policy says you should appoint an acting clerk for only one meeting - why did you not appoint another Board member rather than the Superintendent. at 134:20 Trustee McNicholas Superintendent Vital is the Clerk of the Board at 134:21 Trustee Pritchard No - she is our employee - Secretary of the Board. I am cautioning. at 134:37 Trustee McNicholas We did pass those things that needed signing and at this point I can clarify that it is only for this meeting. at 134:55 Trustee Pritchard This is a little odd at 135:27 Trustee McNicholas Yes it is a little odd, We will learn better for next time. at 137.11 Clark Hampton Before we move on, just to be extra sure can we have a Trustee sign the emergency documents? Could the President appoint another Trustee to Co-sign the documents just to be on the safe side. There is no active fundraising in this matter. at 137.25 Trustee McNicholas Jim- I hereby appoint Trustee Reardon to CO-SIGN the Esencia documents in absence of our Clerk Patricia Holloway. Is that agreeable with the Board. |
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SUPERINTENDENT VITAL PICKED UP AND OVERNIGHT BAG AND LEFT THE MEETING.HER DEPARTURE WAS NOT ANNOUNCED ON THE RECORD.THE TIME WAS 7:56 pm. |
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DISCUSSION ACTION ITEMS |
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Agenda Item #18 Special Education Community Advisory Committee Annual Report page 188 Board Audio at 6:47 This Item was moved to the beginning of the meeting. This was an Information?Discussion Item- no vote was taken
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Agenda Item #19 Reduction or Elimination of Certain Classified Services page 198 Board Audio at 94:09 Trustees voted 6-0-1 to approve this resolution (Trustee Holloway was absent) Due to projected budget cuts CUSD wants to Eliminate the following positions: 1 Bilingual Instructional Assistant 3 Instructional Assistants 1 Instructional Assistant Science 8 Mental Health & Behavior Support Specialist 15 Middle School Campus Supervisors 28 Positions - 16 FTE at 95:35 Rhonda Whalen (CSEA president) spoke very eloquently about using one-time money to pay ongoing expenses. These layoffs could effect as many as 40 people due to rules regarding layoffs and bumps due to seniority. Something to Consider: The Teachers Union has been very vocal about NOT accepting a 0% salary schedule increase. They packed the Board meeting for Oral Communication then left without hearing any of the actual Board Meeting. Do you cut 15 middle school campus supervisors and 8 mental health & Behavior Support Specialist in order to give teachers a fifth consecutive year of compensation increases? Cutting these positions effects the Health and Safety of students. |
TAXPAYER ALERT Agenda Item #20 Resolution No 1617-67, Approval of Application Submission of SCAQMDPA 2017 Electric Bus Funding Grant Program page 200 Board Audio at 104:06 TAXPAYERS SHOULD BE ANGRY Each Bus Costs: $372,193.32 (100% California Taxpayer dollars) + It will cost $50,000 - $80,000 in CUSD money to build the EV charging station. Total cost $1.7 million in taxpayer dollars Trustees voted 5-1-1 to approve this resolution (Trustee Reardon voted No, Trustee Holloway was absent)
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Agenda Item #21 Resolution No. 1617-69, District Support of Assembly Bill 445, Career and Technical Education (CTE) Permanent Funding Program. page 223 Board Audio at 116:33 Trustees voted 6-0-1 to approve this resolution (Trustee Holloway was absent)
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TAXPAYER ALERT FRAUD & GIFTING OF TAXPAYER FUNDS Agenda Item #22 Resolution No. 1617-56, Ratification of Agreement to Purchase the Esencia School Site and Delegation to Accept the Deed. page 225 Board Audio at 68:15 THIS ITEM WAS MOVED TO THE BEGINNING OF THE MEETING BEFORE PULLED CONSENT ITEMS Two complaints have been filed withe the District Attorney and have been assigned to Special Prosecutor Ray Armstrong. One: For fraudulent purchase and sale of real estate (Gifting of taxpayer money to the Ranch), and Two: Mello Roos Taxpayers being denied seats at schools they paid for, to accommodate Ranch students. District Staff is also being looked at for potential Brown Act Violations- Staff "cleaned up" signatures on the MOU which the public never saw until two days after the Board Meeting, and then amended the Agenda listing to make it look as though the MOU was part of the March 22, 2017 Board meeting.
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CONSENT CALENDAR |
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at 126:28 Trustee McNicholas Before we go on to Consent Calendar, we need to go back to the MOU. In the absence of a Clerk (Trustee Holloway is absent) I must appoint a substitute. I appoint Superintendent Vital as Secretary to the Board to execute all Esencia related documents. Kristen Vital did sign any time sensitive documents needing a Clerks Signature and Trustee Holloway will sign the rest. |
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CONSENT CALENDAR: These Items are NOT DISCUSSED unless the Item is pulled by Staff, Board or Public. "All matters listed under the Consent Calendar are considered by the Board to be routine and will be enacted by the Board in one motion in the form listed below. There will be no discussion of these items prior to the time the Board votes on the motion unless members of the Board, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar. The Superintendent and the staff recommend approval of all Consent Calendar items." |
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BUSINESS & SUPPORT SERVICES |
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Agenda Item #2 Donations of Funds and Equipment page 1 Total Donations $429,179.04 Board Audio at 127:47 Trustees voted 6-0-1 to approve this Item after a lengthly discussion regarding inequities within the District caused by CUSD's reliance on fundraising and donations to pay for basic instructional services. (Trustee Holloway was absent)
ADDITIONAL INFORMATION REGARDING FUNDRAISING AND DONATIONS Every student is entitled to DISTRICT FUNDED Art, Music and Science programs that align with minimum state mandated Content Standards and Curriculum Frameworks, and is taught by a properly credentialed teacher. I have stood before this Board many times and explained that it is illegal for CUSD to rely on fundraising and donations (one-time money) to pay for staff salaries, core educational programs like art, music, science (on-going expenses). Core educational programs must be funded by the District because they have a Constitutional obligation to provide EVERY student with an equal opportunity to achieve a quality education. Relying on fundraising and donations to pay for staff salaries and core educational programs creates wealth based inequities in the quality of education that students receive within the district, and is a violation of Assembly Bill 1575. See Slide Presentation: Fundraising for Core Educational Programs |
Agenda Item #3 Purchase Orders and Commercial Warrants page 3 Total Purchase Orders: $763,654.03 Total Warrants: $7,644,631.58 Board Audio at 139:43 Vote to approve all PO's and Warrants 6-0-1 (Trustee Holloway Absent)
Per a Public Records Request #80 it was discovered that at the March 8, 2017 Board Meeting PO#365217 was presented for approval in an amount not to exceed $10,000 to be paid to the Orange County Fire Authority for payment of fines for responding to false fire alarms.
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RED FLAG TAXPAYERS Agenda Item #4 Independent Contractor, Professional Services, Field Service and Master Contract Agreements: Page 35 Board Audio at 140:40 2 New Agreements: $439,377.08 AW Industries $409,700.00 Inspection services at Esencia K-8 SBCO Inc. dba Rutherford Design $29,677.08 New Sound System at San Clemente High School Vote to approve $409,700.00 Contract with AW Industries 5 - 1- 1 (Trustee Reardon Votes No Trustee Holloway is absent) and Trustees Voted to approve $29,677.08 contract with Rutherford Design without discussion. Moved by Trustee Jones - 2nd By Trustee Hatton Hodson. The Contract with AW Industries should not have been approved:
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ESENCIA SCHOOL SITE Agenda Item #5 Award Bid No. 1617-18, Esencia K-8 - Straub Construction, Inc. page 42 Board Audio at 91:26 THIS ITEM WAS MOVED TO THE BEGINNING OF THE MEETING BEFORE PULLED CONSENT ITEMS Trustees voted 6-0-1 to approve this resolution (Trustee Holloway was absent)
Contract Awarded to lowest bid Straub Construction $27,569,000.00 Project can start within 90 days of award of the bid (March 22, 2017) The Project must be completed within 420 calendar days of acceptance of the bid (May 2018). The Esencia K-8 would be open for 2018-19 School Year.
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Board Audio at 64:44 Trustees voted 6-0-1 (Trustee Holloway was absent) to approve this contract on the Consent Calendar without discussion CUSD is hiring the firm Nigro & Nigro to perform financial year audits: 2016-17 $58,000 2017-18 $58,000 2018-19 $58,000 2019-20 $59,450 2020-21 $60,950 CUSD is hiring the firm Nigro & Nigro to perform financial year audits for the Community Facilities District: 2016-17 $ 3,000 2017-18 $ 3,000 2018-19 $ 3,000 2019-20 $ 3,200 2020-21 $ 3,400 |
or Agenda Item #7 California Multiple award Schedule Contract NO. 4-03-78- 0023A Awarded to Progressive Design Playgrounds for Playgrounds and Outdoor Equipment and Related Services. page 86 Board Audio at 156:16 Trustees voted 6-0-1 (Trustee Holloway was absent) to approve this contract with changes after a lengthly discussion as to what the contract was actually for, and what amount was being approved since the Title and the Description did not match. Brown Act Violation The Agenda Item Description was changed after being posted. The Board Audio will reflect the change and the lengthy discussion as to what was actually being paid for. Very troubling discussion was this $100,000 for playground equipment or $850,000 annually for technology equipment or $$850,000 one time money for Astro Turf at San Clemente High?
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at 1:69:56 Trustee McNicholas Trustee did not vote to approve Items #8, #9, #10 on the consent calendar and they were not pulled. A motion to approve these Items was approved by Trustee Jones. Second by Trustee Hatton-Hodson. at 171:20 Item #12 was also not approved on Consent and was not pulled A motion to approve Item #12 was approved by Trustee Jones. Second by Trustee Hatton-Hodson. |
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Agenda Item #8 Procure Eligible Computer Hardware and Software utilizing Requests for Proposals Process Relating to Assessment Delivery and Delivery and Data Management System page 100 Board Audio at 169:56 Learn More Trustees voted 6-0-1 (Trustee Holloway was absent) to approve this contract on the Consent Calendar without discussion |
Board Audio at 169:56 Trustees voted 6-0-1 (Trustee Holloway was absent) to approve this contract on the Consent Calendar without discussion Bid #1516-12 Original Contract for refurbished computer equipment was executed October 28, 2015 for the period 10/29/15 - 10-28-16. Extension I - 10-28-16 for period 10-29-16 to 10-29-17. Extension II Changes the name of the company from Insight Exchange to 2NDGear, LLC and extends the contract to 10-28-18. On January 1, 2017, Insight Systems Exchange DBA Insight Investments LLC changed its legal name to 2ndGear, LLC.
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Board Audio at 169:56 Trustees voted 6-0-1 (Trustee Holloway was absent) to approve this contract on the Consent Calendar without discussion 3-15-70-2486F: immixGroup, Inc 3-15-70-2486E: EC America Inc Minnesota WSCA-NASPO Master Agreement NOS: MNWNC-108: Del Marketing L.P MNWNC-109: EMC Corp MNWNC-115: Hewlett Packard MNWNC-117: Lenovo (US) Inc. NNVP-133 Hewlett Packard (Contractor) National Association of State Procurement Officers Value Point Master Agreement No. AR615: F5 Networks Inc. |
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Agenda Item #11 Waterford Unified School District Bid No 01/17, School Buses with A-Z Bus Sales, Incorporated page 139 Board Audio at 169:56 $130,000.00 contract for new school buses as needed for 2016-17. Capacity 24 Ambulatory Bus: Micro Bird G5 FORD 158" Gas 18+2 WC 2CRS PAX: $78,698.63 per Bus Micro Bird G5 FORD 158" Gas 24 PAX $70,591.00 per Bus
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HUMAN RESOURCE SERVICES |
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Agenda Item #12 Student Teaching Affiliation Agreement with Western Governors University. page 140 The Board Voted 6-0-1 without comment to approve this Item Motion by Trustee Jones Second by Trustee Pritchard Board Audio at 171:44 Contract for CUSD to provide student teaching experiences for teacher enrolled in educational programs through Western Governor's University, an online Teachers College and Online Teacher Licensure Degree programs. The Host Teacher is paid $150 per teacher candidate. The Clinical Supervisor is paid $500 per teacher candidate.
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Agenda Item #13 Resignations/Retirements/ Employment Classified Staff page 145 The Board Voted 6-0-1 without comment to approve this Item Motion by Trustee Hatton-Hodson Second by Trustee Pritchard Board Audio at 173:29
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Agenda Item #14 Resignations/Retirements/ Employment page 161 The Board Voted 6-0-1 without comment to approve this Item Motion by Trustee Hatton-Hodson Second by Trustee Pritchard Board Audio at 175:36
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GENERAL FUNCTIONS |
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The Board Voted 5-0-1 -1 to approve this Item (Trustee Hatton-Hodson abstained from Item #15 Trustee Holloway was absent) Motion by Trustee Jones Second by Trustee Hanacek at 178:39 Unidentified Staff member said they would go back and listen to March 8, 2017 Audio to check Agenda Item #3 Board Audio at 177:32 Agenda Item #15 Approval of the January 25, 2017 Regular Board Meeting Minutes page 172 Agenda Item #16 Approval of the January 25, 2017 Special Board Meeting Minutes page 185
Unfinished Business from the March 8, 2017 Board Meeting that needs to be addressed:March 8, 2017 Board meeting shows that Agenda Item #3 Independent Contractor, Professional Services, Field Service Agreements and Master Contract Agreement Board Meeting Audio March 8, 2017 at 54:16 http://cusd.capousd.org/cusdweb/audio2016-17/CUSD_BoardAudio_March-8-2017.mp3 This Item needs to be brought back and voted on: This item was skipped and never voted on. When this item was called - I accidentally spoke to Item #4 not #3, the Board recognized my comments as Item #4 and then moved on to item #5 without going back to Item #3. This Item was never voted on.
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Agenda Item #17 Ratification of Board Bylaw 9311, Board Policies page 186 This Item should say "SECOND READING". The Board Voted 6-0-1 approve this Item (Trustee Holloway was absent) Motion by Trustee Reardon Second by Trustee Pritchard Board Audio at 179:22
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