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EXHIBIT 1-B |
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DRAFT MINUTES Regular
Meeting Board of
Directors Monterey
Peninsula Water Management District April 21, 2008 |
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The meeting was called to
order at 7:00 PM in the District Conference Room. |
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CALL TO ORDER/ROLL CALL |
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Directors Present: Judi Lehman, Chair –
Division 2 Kristi Markey, Vice Chair
-- Division 3 Alvin Edwards – Division 1 Bob Brower – Division 5 David Pendergrass – Mayoral
Representative David Potter – Monterey
County Board of Supervisors (arrived at 7:10 PM) Directors Absent: None General Manager present: Darby Fuerst District Counsel present: David C.
Laredo |
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The assembly recited the
Pledge of Allegiance. |
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PLEDGE OF ALLEGIANCE |
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No comments were directed
to the Board during Oral Communications. |
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ORAL COMMUNICATIONS |
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On a motion by Director
Markey and second by Director Edwards, the Consent Calendar was adopted
unanimously on a vote of 6 – 0.
Directors Brower, Doyle, Edwards, Lehman, Markey and Pendergrass voted
in favor of the motion. Director Potter
was absent for the vote. |
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CONSENT CALENDAR |
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Approved. |
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1. |
Consider Adoption of Minutes of the March 17, 2008
Regular Board Meeting |
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Approved. |
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2. |
Consider Adoption of Resolution No. 2008-04
Proclaiming May 2008 as Water Awareness Month in the Monterey Peninsula Water
Management District |
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Approved. |
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3. |
Consider Expenditure of
Funds to Contract with JEA & Associates for Governmental Relations
Services |
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Approved. |
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4. |
Consider Expenditure of
Budgeted Funds to Amend Contract with |
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Approved. |
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5. |
Consider Expenditure of
Budgeted Funds to Purchase Replacement Computers and Related Software and
Hardware |
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Approved. |
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6. |
Consider Expenditure of
Budgeted Funds to Install Air
Conditioning Unit in the District’s Computer Room |
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Approved. |
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7. |
Consider Expenditure of
Funds to Contract with Ventana Wildlife Society for |
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Approved. |
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8. |
Consider Expenditure of
Funds to Contract with IDIAS Consulting for Water Resources Division
Technical Assistance |
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Approved. |
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9. |
Consider Expenditure of
Budgeted Funds for Purchase of Backup Pressure Transducer and Replacement
Backflow Valves for the Sleepy Hollow Steelhead Rearing Facility |
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Approved. |
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10. |
Consider Expenditure of
Budgeted Funds for Purchase of Filters, Chillers, and Ultraviolet Sterilizers
for the Rearing Troughs at the Sleepy Hollow Steelhead Rearing Facility |
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Approved. |
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11. |
Consider Expenditure of
Budgeted Funds to Contract for the Installation of Upgraded Wiring Required
for the Filters, Chillers, and Ultraviolet Sterilizers for the Rearing
Troughs at the Sleepy Hollow Steelhead Rearing Facility |
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Approved. |
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12. |
Consider Expenditure for
Public Information Effort re the January 15, 2008 Draft Cease and Desist
Order Issued by the State Water Resources Control Board Staff against |
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Approved. |
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13. |
Consider Appointment of
Interim General Manager Darby Fuerst to the Position of Secretary to the
Board |
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Approved. |
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14. |
Receive and File
District-Wide Annual Water Distribution System Production Summary for Water
Year 2007 |
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Approved. |
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15. |
Receive and File
District-Wide Annual Water Production Summary Report for Water Year 2007 |
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Approved. |
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16. |
Consider Adoption of
Treasurer's Report for February 2008 |
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PRESENTATIONS |
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Henrietta Stern, Project
Manager, presented the report. An
outline of the presentation is on file at the District office and can be
viewed at the District’s website. |
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17. |
Water Supply Project Alternatives Update |
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GENERAL MANAGER’S REPORT |
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Darby Fuerst, General
Manager, presented the report. An
outline of the presentation is on file at the District office and can be
viewed at the District’s website. Mr.
Fuerst reported that for the period of October 1, 2007 through April 17,
2008, CAW production from the Carmel River was 170 acre-feet under the
production limit established as a result of SWRCB Order 95-10. During the same time period, production
from the Coastal Subareas of the Seaside Basin was 125 acre-feet under the
production limit established as a result of the Seaside Groundwater Basin
Adjudication. Production from the
Laguna Seca Subarea was 86 acre-feet over the production limit. However, the adjudication decision allows
CAW to combine its production from all subareas within the Seaside
Groundwater Basin. Consequently, CAW’s production from all subareas within
the Seaside Groundwater Basin was 39 acre-feet under the adjudication
limit. |
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18. |
Status Report on California American Water Compliance
with State Water Resources Control Board Order 95-10 and Seaside Groundwater
Basin Adjudication Decision |
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ATTORNEY’S REPORT |
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During the public comment
portion of the 5:30 PM meeting Tom Rowley addressed the Board regarding the
draft Cease and Desist Order. District Counsel Laredo
reported that during the closed session he provided status reports on all
items. The Board discussed items G, H
and I but no reportable action was taken. |
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19. |
Report
on 5:30 PM Closed Session of the Board |
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3. |
Conference with Legal Counsel – Existing Litigation
(Gov. Code 54945.9 (a)) |
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A. |
Application
of California American Water Company to the Public Utilities Commission
Application No. 04-09-019 – Coastal Water Project |
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B. |
Application
of California American Water Company to the California Public Utilities
Commission -- Application No. 07-02-023 -- Allowance for Funds Used During
Construction (AFUDC) for its San Clemente Dam Memorandum Account |
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C. |
Application of
California-American Water Company to California Public Utilities Commission
for a Special Conservation Program and Design Modifications Rate in its
Monterey District (Application No. 07-12-010) – Conservation Program
Application |
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D. |
Application of California
-American Water Company to California Public Utilities Commission for
Authorization to Increase Revenues for Water Service in its Monterey District
in the years 2009; 2010; and 2011 (Application No. 08-01-027) – General Rate
Case |
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E. |
Application of
California-American Water Company to Authorize Support Services for its
Monterey District to the California Public Utilities Commission (Application
No. 08-01-024 ) – General Office Case |
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F. |
Application of California
American Water to the California Public Utilities Commission to Authorize
Costs for the Long-Term Water Supply to be Transferred to a Balancing Account
and a Requirement for Annual Review of that Account (Application No.
08-04-____). |
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G. |
State Water Resources
Control Board Draft Cease and Desist Order WR 2008-00XX-DWR |
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H. |
MPWMD v. Nick Marotta, Jr.,
Gerda Marotta, and Does 1-100 -- Monterey County Superior Court Case No.
M83498 |
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I. |
MPWMD v. Roy Woods, Woods
1995 Trust, and Does 1-100 -- Monterey County Superior Court Case No. M83499 |
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4. |
Conference with Legal Counsel – Threatened Litigation
(Gov. Code 54956.9(b)) Sierra Club v California
American Water (16 U.S.C §1538) |
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DIRECTORS’ REPORTS (INCLUDING AB 1234 REPORTS ON
TRIPS, CONFERENCE ATTENDANCE AND MEETINGS) |
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Director Doyle reported
that on April 5, 2008, she attended a training session on the California
Environmental Quality Act. Director
Lehman reported that she and Director Doyle attended the March 28, 2008
breakfast meeting conducted by California American Water (CAW) to educate
local policy makers about CAW’s rate case pending before the Public Utilities
Commission (PUC). She also
participated in the April 15, 2008 Monterey County Special Districts
Association quarterly meeting. Director
Markey reported that she represented the District at the April 2, 2008
meeting of the Seaside Groundwater Basin Watermaster. One topic of discussion was CAW’s
obligation to contribute to a fund to pay for water supply projects that
would offset drawdown in the Seaside Basin.
The Watermaster requested that CAW submit additional information
supporting its assertion that the adjudication decision allows funds spent on
Coastal Water Supply Project studies to be credited towards, and therefore
paid in lieu of the Watermaster contribution. |
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20. |
Oral Report on Activities of County, Cities, Other
Agencies/Committees/ Associations |
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PUBLIC HEARINGS |
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On a motion by Director
Edwards and second by Director Markey, the first reading of Ordinance No 133
was adopted with the following amendments:
(1) the definition of “party” shall be inserted, and described as
someone who has a beneficial interest in the subject matter of the violation;
and (2) proposed Rule 112.5, Hearing Officer Rotation, shall be amended to
specify that a hearing officer shall be skipped until he or she is available,
or until the next hearing officer shall be assigned. The motion was adopted unanimously on a
roll-call vote of 7 – 0. |
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21. |
Consider First Reading of Ordinance
No. 133 -- Amend the Process by which the District Enforces its Rules and
Regulations |
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Paul Bruno addressed the
Board during the Public Hearing on this item.
He cautioned that this ordinance should not be used as a means to
increase revenues, and suggested that any fines collected should be given to
a disinterested third party. |
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ACTION ITEMS |
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Director Markey offered
a motion that was seconded by Director Potter to receive the Community
Advisory Committee Report and: (1)
incorporate the report into testimony the District will provide to the SWRCB
on the Draft CDO; and (2) refer the report to the Water Demand and Public
Outreach committees as a reference.
The motion was approved unanimously on a vote of 7 – 0. |
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22. |
Receive
Report from Ad-Hoc Community Advisory Committee on Recommendations to Address
State Water Resources Control Board (SWRCB) Draft Cease and Desist Order
(CDO) |
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The following comments were
directed to the Board during the public comment period on this item. (1) Paul Bruno, a member of the CAC,
stated that he disagreed with the CAC recommendation that fines should not be
passed on to the rate payers. His
comments on the CAC report are outlined in a letter dated April 21, 2008 that
is on file at the District office. (2) George Riley, representing
Citizens for Public Water and a member of the CAC, expressed support for the
CAC recommendation that the District request that the SWRCB modify the CDO. |
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Following discussion of item 22, Chair Lehman
brought forward for consideration item 26.
Please refer to item 26 for action taken by the Board. |
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On a motion by Director
Brower and second by Director Doyle, the Board voted to contract for joint
preparation of a constraints analysis by Camp Dresser & McKee Inc. for a
cost not to exceed $110,000, and Jones and Stokes Associates for a cost
not-to-exceed $60,000. The study would
be financed from the District’s Flood/Drought Reserve fund. The motion was approved unanimously on a
vote of 7 – 0. |
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23. |
Receive MPWMD Staff Report on Requirements to Update
MPWMD 95-10 Project (Seawater Desalination Project in Sand City Area) and
Consider Approval of Preliminary Expenditures |
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The following comments were
directed to the Board during the public comment period. (1)
George Riley, representing Citizens for Public Water, urged the Board to
move ahead on completion of studies for the 95-10 Project. He stated that the cost to complete studies
should not be the Board’s first concern.
(2) Robert Greenwood, representing the
Carmel Valley Association, spoke in opposition to funding new studies on the
95-10 Project. He urged the Board to
immediately determine which of the previously analyzed water supply
alternatives could provide 10,000 acre-feet of water to solve the
problem. |
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Director Brower offered
a motion to direct District staff to confer with CAW regarding the
feasibility and methodologies that could be utilized to raise the Los Padres
Dam by 5 feet, in one foot increments.
In addition, staff should investigate costs and possible funding
sources, such as government grants.
The motion was seconded by Director Pendergrass. Director Markey offered
an amendment to the motion, requesting that District staff first contact NOAA
Fisheries and the California Department of Fish and Game before conferring
with CAW. There was no second to the motion. Director Brower amended
the motion to request that after conferring with CAW, staff should contact
NOAA Fisheries and the California Department of Fish and Game regarding this
issue. Staff was also directed to
provide a status report in the weekly letter to the Board sometime during the
month of May 2008. The amended motion was seconded by Director Pendergrass
and adopted on a vote of 6 – 1.
Directors Brower, Doyle, Edwards, Lehman, Pendergrass and Potter voted
in favor of the motion. Director
Markey was opposed. |
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24. |
Review Procedure and Timeline for Conducting a
Feasibility Study of Increasing the Height of the Existing Los Padres Dam to
Increase its Water Storage Capacity |
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The following comments were
directed to the Board during the public comment period on this item. (1)
Dale Hekhuis recommended that the Board defer preparation of a
feasibility study indefinitely due to concerns about funding, and the need to
focus staff effort on other priorities. (2) Robert Greenwood, representing the
Carmel Valley Association, suggested that this proposal be submitted to the
SWRCB to determine if it could be considered a partial solution to compliance
with Order 95-10. |
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At 9:40 PM, following the discussion on item 24,
Directors Edwards and Potter departed from the meeting. |
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Director Pendergrass
offered a motion to approve the staff recommendation that water conservation
incentives and requirements for Zero Water Consumption Urinals and revisions
to the conservation regulations be forwarded to the Water Demand Committee. In addition, the committee should begin
discussions on installation of greywater systems, and cisterns. These issues should also be referred to the
Public Outreach Committee. The motion
was adopted unanimously on a vote of 5 – 0.
Directors Brower, Doyle, Lehman, Markey and Pendergrass voted in favor
of the motion. Directors Edwards and
Potter were absent for the vote. |
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25. |
Consider Request of
Director Brower to Modify District Regulations to Require Installation of
Zero-Water Consumption Urinals for All New Construction and Remodels, and
Consider Incentives for Installation of Zero-Water Consumption Urinals |
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No comments were directed
to the Board during the public comment period on this item. |
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Chair Lehman brought this
item forward for consideration immediately following item 22. On a motion by Director
Pendergrass and second by Director Edwards, reclassification of the Senior
Office Specialist to the position of
Office Services Supervisor was unanimously approved on a vote of 7 –
0. No comments were directed
to the Board during the public comment period on this item. |
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26. |
Consider Approval of
Senior Office Specialist Reclassification and Amend the District’s
Organization Chart |
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On a motion by Director
Pendergrass and second of Director Brower, Resolution 2008-05 was adopted on
a vote of 5 – 0. Directors Brower,
Doyle, Lehman, Markey and Pendergrass voted in favor of the motion. Directors Edwards and Potter were absent
for the vote. |
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26X. |
Consider Adoption of
Resolution 2008-05, A Resolution Expressing Opposition to California
Proposition 98 |
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No comments were directed
to the Board during the public comment period on this item. |
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There was no discussion of
the Informational Items/Staff Reports. |
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INFORMATIONAL ITEMS/STAFF REPORTS |
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27. |
Letters Received |
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28. |
Committee
Reports |
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29. |
Strategic
Plan Update |
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30. |
Carmel
River Fishery Report |
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31. |
Water
Conservation Program Report |
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32. |
Monthly
Allocation Report |
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33. |
Monthly
California American Water Production Report |
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34. |
Monthly
Water Supply Status Report |
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35. |
Quarterly Water Supply Project Status Report |
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36. |
Quarterly Irrigation Program and Riparian Projects
Report |
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37. |
Quarterly Carmel River Erosion Protection and
Restoration Projects Report |
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38. |
Quarterly Water Use Credit Transfer Status Report |
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The meeting was adjourned
at 9:50 PM. |
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ADJOURNMENT |
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Darby Fuerst, Secretary to the Board
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