HomeMy WebLinkAbout09-28-2022 Board Meeting MinutesORANGE COUNTY SANITATION DISTRICT
MINUTES
BOARD OF DIRECTORS
SEPTEMBER 28, 2022
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
BOARD OF DIRECTORS Minutes September 28, 2022
CALL TO ORDER
A regular meeting of the Board of Directors of the Orange County Sanitation District was
called to order by Board Chairman Chad Wanke on Wednesday, September 28, 2022 at 6:01
p.m. in the Administration Building of the Orange County Sanitation District. Director Chad
Zimmerman delivered the invocation and led the Pledge of Allegiance.
ROLL CALL AND DECLARATION OF QUORUM
The Clerk of the Board declared a quorum present as follows:
PRESENT:Brad Avery, Art Brown, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Brooke Jones, Steve Jones, Sandra Massa-Lavitt, Paulo
Morales, Andrew Nguyen, Robert Ooten, Glenn Parker, David
Shawver, Jesus Silva, Donald Wagner, Chad Wanke, Chad
Zimmerman, Ted Bui (Alternate) and Dan Kalmick (Alternate)
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Anthony Kuo, Kim
Nichols and John Withers
STAFF PRESENT: Jim Herberg, General Manager; Kelly Lore, Clerk of the Board; and
Mortimer Caparas were present in the Board Room. Rob Thompson, Assistant General
Manager; Lorenzo Tyner, Assistant General Manager; Celia Chandler, Director of Human
Resources; Kathy Millea, Director of Engineering; Riaz Moinuddin, Director of Operations and
Maintenance; Lan Wiborg, Director of Environmental Services; Janine Aguilar; Jennifer
Cabral; Brian Engeln; Tina Knapp; Laura Maravilla; Rob Michaels; Wally Ritchie; Robert
Thiede; Loc Trang; and Ruth Zintzun were in attendance telephonically.
OTHERS PRESENT: Brad Hogin, General Counsel, and Chief Negotiator Laura Kalty,
Liebert Cassidy Whitmore, were in attendance telephonically.
PUBLIC COMMENTS:
None.
SPECIAL PRESENTATIONS:
1.EMPLOYEE SERVICE AWARDS 2022-2508
Originator: Kelly Lore
Assistant General Manager Lorenzo Tyner presented a 25-year Employee Service
Award to Principal Project Controls Analyst Robert Thiede.
Chair Wanke recognized the remaining recipients who could not attend:
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BOARD OF DIRECTORS Minutes September 28, 2022
35-year Service Award
Bea Mitchell, Administrative Assistant - Division 620
20-year Service Award
Darren Schuler, Senior Mechanic - Division 820
REPORTS:
Chair Wanke announced that the updated Resolution to continue teleconferencing of public
meetings was on the agenda and if adopted would be in effect for another 30 days.
Chair Wanke also stated that the Directors will be receiving their monthly talking points
regarding OC San activities to assist while reporting out to their councils, boards, and
community groups.
General Manager Herberg stated that OC San staff is available to provide presentations on
general OC San information or construction updates to their respective councils and boards.
Mr. Herberg also stated that at the request of the Board, OC San has extended the OC San
“U” development program to the member agencies. The next class will be Development of
Professional Skills which will be presented through The Centre for Organization
Effectiveness. He stated that a letter with the details of the program will be sent from OC
San’s Human Resources Department to the member agencies very soon.
Mr. Herberg requested that the meeting be adjourned in memory of Board Member Ronald
Bates and OC San Employee Juan Lopez who recently passed away.
CONSENT CALENDAR:
2. APPROVAL OF MINUTES 2022-2509
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular Board of Directors Meeting held August 24, 2022 and
the Special Board of Directors Meeting held September 14, 2022.
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BOARD OF DIRECTORS Minutes September 28, 2022
AYES:Brad Avery, Art Brown, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Brooke Jones, Steve Jones, Sandra Massa-Lavitt, Paulo
Morales, Andrew Nguyen, Robert Ooten, Glenn Parker, David
Shawver, Jesus Silva, Donald Wagner, Chad Wanke, Chad
Zimmerman, Ted Bui (Alternate) and Dan Kalmick (Alternate)
NOES:None
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Anthony Kuo, Kim
Nichols and John Withers
ABSTENTIONS:None
3. CAPITAL IMPROVEMENT PROGRAM ANNUAL REPORT 2022-2195
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Capital Improvement Program Annual Report for Fiscal Year
2021-2022.
AYES:Brad Avery, Art Brown, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Brooke Jones, Steve Jones, Sandra Massa-Lavitt, Paulo
Morales, Andrew Nguyen, Robert Ooten, Glenn Parker, David
Shawver, Jesus Silva, Donald Wagner, Chad Wanke, Chad
Zimmerman, Ted Bui (Alternate) and Dan Kalmick (Alternate)
NOES:None
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Anthony Kuo, Kim
Nichols and John Withers
ABSTENTIONS:None
RECEIVE AND FILE:
4. COMMITTEE MEETING MINUTES 2022-2064
Originator: Kelly Lore
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
A. Minutes of the Operations Committee Meeting held July 6, 2022
B. Minutes of the Legislative and Public Affairs Committee Meeting held July 11, 2022.
C. Minutes of the Administration Committee Meeting held July 13, 2022
D. Minutes of the Steering Committee Meeting held July 27, 2022
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BOARD OF DIRECTORS Minutes September 28, 2022
5. REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH
OF AUGUST 2022
2022-2384
Originator: Lorenzo Tyner
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
Report of the Investment Transactions for the month of August 2022.
OPERATIONS COMMITTEE:
6. WASTEHAULER STATION SAFETY AND SECURITY
IMPROVEMENTS, PROJECT NO. FE20-01
2022-2516
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
A. Receive and file Bid Tabulation and Recommendation for Wastehauler Station
Safety and Security Improvements, Project No. FE20-01;
B. Award a Construction Contract to LEED Electric, Inc. for Wastehauler Station
Safety and Security Improvements, Project No. FE20-01, for a total amount not
to exceed $1,689,788; and
C. Approve a contingency of $168,980 (10%).
AYES:Brad Avery, Art Brown, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Brooke Jones, Steve Jones, Sandra Massa-Lavitt, Paulo
Morales, Andrew Nguyen, Robert Ooten, Glenn Parker, David
Shawver, Jesus Silva, Donald Wagner, Chad Wanke, Chad
Zimmerman, Ted Bui (Alternate) and Dan Kalmick (Alternate)
NOES:None
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Anthony Kuo, Kim
Nichols and John Withers
ABSTENTIONS:None
7. ENGINEERING PROGRAM CONTRACT PERFORMANCE REPORT 2022-2517
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Engineering Program Contract Performance Report for the period
ending June 30, 2022.
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BOARD OF DIRECTORS Minutes September 28, 2022
AYES:Brad Avery, Art Brown, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Brooke Jones, Steve Jones, Sandra Massa-Lavitt, Paulo
Morales, Andrew Nguyen, Robert Ooten, Glenn Parker, David
Shawver, Jesus Silva, Donald Wagner, Chad Wanke, Chad
Zimmerman, Ted Bui (Alternate) and Dan Kalmick (Alternate)
NOES:None
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Anthony Kuo, Kim
Nichols and John Withers
ABSTENTIONS:None
8. ANIONIC POLYMER SPECIFICATION NO. C-2021-1252BD
CONTINGENCY INCREASE
2022-2518
Originator: Riaz Moinuddin
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a unit price contingency increase of 5% for a total annual contingency
amount of 15% to the Anionic Polymer Specification No. C-2021-1253BD
contract with Polydyne, Inc. for the term of November 1, 2022 through October
31, 2023; and
B. Approve a unit price contingency increase of 5% for the remaining three,
one-year renewal periods; for a total annual contingency amount of 15%.
AYES:Brad Avery, Art Brown, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Brooke Jones, Steve Jones, Sandra Massa-Lavitt, Paulo
Morales, Andrew Nguyen, Robert Ooten, Glenn Parker, David
Shawver, Jesus Silva, Donald Wagner, Chad Wanke, Chad
Zimmerman, Ted Bui (Alternate) and Dan Kalmick (Alternate)
NOES:None
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Anthony Kuo, Kim
Nichols and John Withers
ABSTENTIONS:None
9. COLLECTION SYSTEM CONDITION MONITORING SERVICE 2022-2519
Originator: Riaz Moinuddin
MOVED, SECONDED, AND DULY CARRIED TO:
Approve a contingency increase of $17,777 (10%) to an existing five-year Service and
Monitoring Purchase Order Agreement (107432-OB) of $177,778 with Hadronex, Inc.
dba SmartCover Systems for field device communication and monitoring services, for a
new total contingency of $35,554 (20%).
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BOARD OF DIRECTORS Minutes September 28, 2022
AYES:Brad Avery, Art Brown, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Brooke Jones, Steve Jones, Sandra Massa-Lavitt, Paulo
Morales, Andrew Nguyen, Robert Ooten, Glenn Parker, David
Shawver, Jesus Silva, Donald Wagner, Chad Wanke, Chad
Zimmerman, Ted Bui (Alternate) and Dan Kalmick (Alternate)
NOES:None
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Anthony Kuo, Kim
Nichols and John Withers
ABSTENTIONS:None
10. FLEET VEHICLE REPLACEMENT PURCHASE 2022-2520
Originator: Riaz Moinuddin
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve the purchase of replacement vehicles for OC San's fleet as originally
approved in the adopted fiscal year 2022/23 budget in the amounts of:
·Three light-duty trucks - $133,500
·One step van - $136,900
·Two medium-duty utility trucks - $225,000
B. Approve the re-purchase of the remaining replacement vehicles for OC San's
fleet as originally approved in the adopted fiscal year 2021/22 budget in the
remaining amounts of:
·One medium-duty truck - $67,500
·One heavy-duty truck - $260,000
·Ten Hybrid SUVs (AWD) - $357,400
·Four light-duty trucks - $150,000
C. Delegate to the General Manager and Purchasing Manager the authority to
purchase the above listed replacement vehicles, through cooperative contracts,
at the not to exceed prices listed above, during the fiscal year.
AYES:Brad Avery, Art Brown, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Brooke Jones, Steve Jones, Sandra Massa-Lavitt, Paulo
Morales, Andrew Nguyen, Robert Ooten, Glenn Parker, David
Shawver, Jesus Silva, Donald Wagner, Chad Wanke, Chad
Zimmerman, Ted Bui (Alternate) and Dan Kalmick (Alternate)
NOES:None
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Anthony Kuo, Kim
Nichols and John Withers
ABSTENTIONS:None
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BOARD OF DIRECTORS Minutes September 28, 2022
ADMINISTRATION COMMITTEE:
Alternate Director Ted Bui appeared away for the voting on Item Nos. 11-16.
11.REIMBURSEMENTS TO BOARD MEMBERS AND STAFF 2022-2535
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file report of reimbursements to Board Members and Staff per
Government Code Section 53065.5 for the period July 1, 2021 through June 30, 2022.
AYES:Brad Avery, Art Brown, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Brooke Jones, Steve Jones, Sandra Massa-Lavitt, Paulo
Morales, Andrew Nguyen, Robert Ooten, Glenn Parker, David
Shawver, Jesus Silva, Donald Wagner, Chad Wanke, Chad
Zimmerman and Dan Kalmick (Alternate)
NOES:None
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Anthony Kuo, Kim
Nichols, John Withers and Ted Bui (Alternate)
ABSTENTIONS:None
12. OCEAN ACIDIFICATION AND HYPOXIA MINI-MOORING 2022-2536
Originator: Lan Wiborg
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Sole Source Service Contract with The Regents of the University of
California on behalf of its San Diego campus’ Scripps Institution of
Oceanography to design, build, and maintain an ocean acidification and hypoxia
mini-mooring for a total amount not to exceed $237,235 which includes $159,066
for the first one-year period, to develop and deploy the mooring including the initial
6-month operation, and the first swap-out and subsequent 6-month operation;
B. Approve the renewal of the Sole Source Service Contract, at the sole option of
OC San, for one (1) additional one-year period in the amount of $78,169 for
12-month operation and two swap-outs; and
C. Approve a contingency in the amount of $23,724 (10%).
AYES:Brad Avery, Art Brown, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Brooke Jones, Steve Jones, Sandra Massa-Lavitt, Paulo
Morales, Andrew Nguyen, Robert Ooten, Glenn Parker, David
Shawver, Jesus Silva, Donald Wagner, Chad Wanke, Chad
Zimmerman and Dan Kalmick (Alternate)
NOES:None
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BOARD OF DIRECTORS Minutes September 28, 2022
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Anthony Kuo, Kim
Nichols, John Withers and Ted Bui (Alternate)
ABSTENTIONS:None
13.PURCHASE ILAND’S DISASTER RECOVERY AS A SERVICE 2022-2537
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Purchase Order to Nth Generation Computing, Inc. for the purchase
of software, hardware, and services to implement and configure the iland
Disaster Recovery as a Service, Specification No. #E-2022-1300BD, for a
three-year period for a total amount not to exceed $475,425; and
B. Approve a contingency in the amount of $47,542 (10%).
AYES:Brad Avery, Art Brown, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Brooke Jones, Steve Jones, Sandra Massa-Lavitt, Paulo
Morales, Andrew Nguyen, Robert Ooten, Glenn Parker, David
Shawver, Jesus Silva, Donald Wagner, Chad Wanke, Chad
Zimmerman and Dan Kalmick (Alternate)
NOES:None
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Anthony Kuo, Kim
Nichols, John Withers and Ted Bui (Alternate)
ABSTENTIONS:None
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE:
14.INSIDE THE OUTDOORS YEAR END RECAP 2022-2523
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and File the Inside the Outdoors Annual Recap Report.
AYES:Brad Avery, Art Brown, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Brooke Jones, Steve Jones, Sandra Massa-Lavitt, Paulo
Morales, Andrew Nguyen, Robert Ooten, Glenn Parker, David
Shawver, Jesus Silva, Donald Wagner, Chad Wanke, Chad
Zimmerman and Dan Kalmick (Alternate)
NOES:None
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Anthony Kuo, Kim
Nichols, John Withers and Ted Bui (Alternate)
ABSTENTIONS:None
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BOARD OF DIRECTORS Minutes September 28, 2022
15.LEGISLATIVE AFFAIRS UPDATE FOR THE MONTHS OF JULY AND
AUGUST 2022
2022-2524
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and File the Legislative Affairs Update for the months of July and August
2022.
AYES:Brad Avery, Art Brown, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Brooke Jones, Steve Jones, Sandra Massa-Lavitt, Paulo
Morales, Andrew Nguyen, Robert Ooten, Glenn Parker, David
Shawver, Jesus Silva, Donald Wagner, Chad Wanke, Chad
Zimmerman and Dan Kalmick (Alternate)
NOES:None
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Anthony Kuo, Kim
Nichols, John Withers and Ted Bui (Alternate)
ABSTENTIONS:None
16.PUBLIC AFFAIRS UPDATE FOR THE MONTHS OF JULY AND
AUGUST 2022
2022-2525
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and File the Public Affairs Update for the months of July and August 2022.
AYES:Brad Avery, Art Brown, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Brooke Jones, Steve Jones, Sandra Massa-Lavitt, Paulo
Morales, Andrew Nguyen, Robert Ooten, Glenn Parker, David
Shawver, Jesus Silva, Donald Wagner, Chad Wanke, Chad
Zimmerman and Dan Kalmick (Alternate)
NOES:None
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Anthony Kuo, Kim
Nichols, John Withers and Ted Bui (Alternate)
ABSTENTIONS:None
STEERING COMMITTEE:
None.
Director Don Wagner departed the meeting at approximately 6:23 p.m.
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BOARD OF DIRECTORS Minutes September 28, 2022
NON-CONSENT:
17.COMPENSATION AND BENEFITS FOR UNREPRESENTED
EMPLOYEE GROUPS - EXECUTIVE MANAGEMENT TEAM,
MANAGER GROUP, AND CONFIDENTIAL GROUP
2022-2546
Originator: Celia Chandler
Mr. Herberg provided an introduction to this item.
MOVED, SECONDED, AND DULY CARRIED TO:
A. Adopt Resolution No. OC SAN 22-27, entitled, “A Resolution of the Board of
Directors of the Orange County Sanitation District Approving Salary and Benefit
Adjustments for Unrepresented Executive Management Team Employees for
Fiscal Years 2022/2023, 2023/2024, and 2024/2025”;
B. Adopt Resolution No. OC SAN 22-28, entitled, “A Resolution of the Board of
Directors of the Orange County Sanitation District Approving Salary and Benefit
Adjustments for Unrepresented Manager Group Employees for Fiscal Years
2022/2023, 2023/2024, and 2024/2025”;
C. Adopt Resolution No. OC SAN 22-29, entitled, “A Resolution of the Board of
Directors of the Orange County Sanitation District Approving Salary and Benefit
Adjustments for Unrepresented Exempt Confidential Employees for Fiscal Years
2022/2023, 2023/2024, and 2024/2025”; and
D. Adopt Resolution No. OC SAN 22-30, entitled, “A Resolution of the Board of
Directors of the Orange County Sanitation District Approving Salary and Benefit
Adjustments for Unrepresented Non-Exempt Confidential Employees for Fiscal
Years 2022/2023, 2023/2024, and 2024/2025”.
AYES:Brad Avery, Art Brown, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Brooke Jones, Steve Jones, Sandra Massa-Lavitt, Paulo
Morales, Andrew Nguyen, Robert Ooten, Glenn Parker, David
Shawver, Jesus Silva, Chad Wanke, Chad Zimmerman, Ted Bui
(Alternate) and Dan Kalmick (Alternate)
NOES:None
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Anthony Kuo, Kim
Nichols, Donald Wagner and John Withers
ABSTENTIONS:None
18.SUCCESSOR MEMORANDUM OF UNDERSTANDING FOR THE
INTERNATIONAL UNION OF OPERATING ENGINEERS - LOCAL 501
2022-2547
Originator: Celia Chandler
Chief Negotiator Laura Kalty provided an overview of this item.
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BOARD OF DIRECTORS Minutes September 28, 2022
MOVED, SECONDED, AND DULY CARRIED TO:
A. Adopt Resolution No. OC SAN 22-31, entitled, “A Resolution of the Board of
Directors of the Orange County Sanitation District approving the Memorandum
of Understanding (MOU) between the Orange County Sanitation District and the
International Union of Operating Engineers Local 501, for Fiscal Years
2022/2023, 2023/2024 & 2024/2025”;
B. Direct Staff to finalize and sign the Memorandum of Understanding (MOU)
between Orange County Sanitation District and the Local 501 bargaining unit;
and
C. Approve pay grade changes for the following classifications: Mechanic (LOC61
to LOC62), Senior Mechanic (LOC67 to LOC68), and Lead Mechanic (LOC71 to
LOC72).
AYES:Brad Avery, Art Brown, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Brooke Jones, Steve Jones, Sandra Massa-Lavitt, Paulo
Morales, Andrew Nguyen, Robert Ooten, Glenn Parker, Jesus Silva,
Chad Wanke, Chad Zimmerman, Ted Bui (Alternate) and Dan
Kalmick (Alternate)
NOES:None
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Anthony Kuo, Kim
Nichols, Donald Wagner and John Withers
ABSTENTIONS:David Shawver
19.CONTINUATION OF TELECONFERENCED PUBLIC MEETINGS 2022-2515
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt Resolution No. OC SAN 22-32 entitled, “A Resolution of the Board of Directors
of the Orange County Sanitation District authorizing the continuation of Remote
Meetings pursuant to Government Code Section 54953”.
AYES:Brad Avery, Art Brown, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Brooke Jones, Steve Jones, Paulo Morales, Andrew
Nguyen, Robert Ooten, Glenn Parker, David Shawver, Jesus Silva,
Chad Wanke, Chad Zimmerman, Ted Bui (Alternate) and Dan
Kalmick (Alternate)
NOES:Sandra Massa-Lavitt
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Anthony Kuo, Kim
Nichols, Donald Wagner and John Withers
ABSTENTIONS:None
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BOARD OF DIRECTORS Minutes September 28, 2022
INFORMATION ITEMS:
None.
AB 1234 DISCLOSURE REPORTS:
Director Shawver provided a brief update on his attendance at the recent OCCOG Board of
Directors Meeting.
CLOSED SESSION:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
Chair Wanke asked to place an item for discussion regarding a return to in-person meetings
on an upcoming agenda.
ADJOURNMENT:
At 6:33 p.m., Chair Wanke adjourned the meeting until the next Regular Meeting of the Board
of Directors to be held on Wednesday, October 26, 2022 at 6:00 p.m.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
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