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HomeMy WebLinkAboutCOMM - Meeting Minutes - 781 - 12-22-2005 - COMMISSIONERM I ICI U T E BOARD OF COUNTY COMMISSIONERS Minute No. 781 B ❑ ❑ K WASHINGTON COUNTY, PENNSYLVANIA Washington County Commissioners Washington, PA, December 22, 2005 The Washington County Board of Commissioners met in a special session in the Public Meeting Room, Courthouse Square, Washington, Pennsylvania, with the following members being present: Commissioners Bracken Burns, Larry Maggi and Diana L. Irey. Also being present: Mary Helicke, Chief Clerk; Lynn DeHaven, Solicitor; Linda Belcher, Administrative Assistant; Scott Fergus, Director of Administration; Joy Sprowls, Joann Metz, Commissioner's Office; Melanie Finney, Planning Commission; Magisterial District Justice Jay Dutton; Roger Metcalfe, Finance Director; Todd Hammond, Sheriff's` Office; Reverend Rob Berk, Christian Church of North America; Dave Blose, Forty and Eight; Harry Wilson, Director of Veterans Affairs; Tim Kimmel, Director of Human Services; Harry Sabatasse, John Adams, Jerry Seaman, Harlan Shober, Butch Holloway, Carl Maggi and Chris Sprowls, interested citizens; Barbara Miller, Observer -Reporter and Jim Jefferson, WJPA. Co -Chairman Burns called the meeting to order at approximately 10:00 a.m. Reverend Berk led the meeting with a prayer. Mr. Blose led the Pledge of Allegiance. Co -Chairman Burns entertained a motion to approve Minute No. 780 dated December 8, 2005. Moved by Mrs. Irey, seconded by Mr. Maggi, approving Minute No. 780 as written. Roll call vote taken: Mrs. Irey — Yes; Mr. Maggi — Yes; Mr. Burns — Yes. Motion carried unanimously. SPECIAL ORDER OF BUSINESS None (RECESS FOR PHOTOS) PUBLIC COMMENTS Harry Sabatasse, of Burgettstown, again addressed the Board regarding when the Board plans to take action to rescind the elected official pay raises. He pointed out the taxpayers of Washington County can not afford more taxes. 0 Mr. Sabatasse wished everyone a very Merry Christmas and a Happy New Year. John Adams, of Avella, commented on the recent development in the area and issues regarding TIF projects. Butch Holloway, of Buffalo Township and a member of the Mon Valley Leathernecks, extended a Merry Christmas to the Board and stated he is bothered by some comments made by a member of the public. He strongly suggested this member of the public fill out a change of address form and move to another area. OLD BUSINESS Solicitor DeHaven recommended the Board award the bid for Flags and Markers for the Veteran's Office to the following vendors: Davis Products, Centerville, PA Metro Flag Co., Dover, NJ All items are being awarded to the lowest responsive and responsible bidder and will be effective January 1, 2006 through December 31, 2006 for a yearly total of approximately $20,000. M I N U T E BOARD OF COUNTY COMMISSIONtrRS M' WASHINGTON COUNTY, PENNSYLVANIA Moved by Mrs. Irey, seconded by Mr. Maggi, awarding the foregoing bid for Flags and Markers. Roll call vote taken: Mrs. Irey - Yes; Mr. Maggi - Yes; Mr. Burns - Yes. Motion carried unanimously. Solicitor DeHaven recommended the Board award the bid for the rental of Medical Equipment to Freedom Medical, Exton, PA based on the "per unit" cost submitted in their bid proposal. This contract is effective January 1, 2006 through December 31, 2006 with an option to extend for two additional one year periods. Moved by Mrs. Irey, seconded by Mr. Maggi, awarding the bid for Rental of Medical Equipment as per above. Roll call vote taken: Mrs. Irey - Yes; Mr. Maggi - Yes; Mr. Burns - Yes. Motion carried unanimously. Solicitor DeHaven recommended the Board reject all bids for cable or satellite TV services and authorize a rebid on this item. Moved by Mrs. Irey, seconded by Mr. Maggi, rejecting all bids and authorizing a rebid as per above. Roll call vote taken: Mrs. Irey - Yes; Mr. Maggi - Yes; Mr. Burns - Yes. Motion carried unanimously. Solicitor DeHaven recommended the Board approve an extension to the bid for certain Linen Supplies to the following vendors: Chima, Reading, PA Encompass Textiles, St. Paul MN Harbor Linen, Cherry Hill NJ Standard Textile, Cincinnati OH This extension is through December 31, 2006 and is in accordance with the bid specifications. Moved by Mrs. Irey, seconded by Mr. Maggi, approving the extension to the bid for certain Linen Supplies as per above. Roll call vote taken: Mrs. Irey - Yes; Mr. Maggi - Yes; Mr. Burns - Yes. Motion carried unanimously. NEW BUSINESS Chief Clerk presented to the Board for their consideration and approval a Resolution authorizing the obligation of the Help America Vote Act (HAVA) Grant Funds received by the County of Washington as administered by the Pennsylvania Department of State. Funds. Moved by Mrs. Irey, seconded by Mr. Maggi, approving the foregoing Resolution pertaining to HAVA Grant Roll call vote taken: Mrs. Irey - Yes; Mr. Maggi - Yes; Mr. Burns - Yes. Motion carried unanimously. MINUTE BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA !R 0 Chief Clerk presented to the Board for their consideration and approval the following appointments and reappointments to the Washington County Veterans Advisory Council. REAPPOINTMENTS One year — Dennis Koman, Charles Rockwell Three year — Gerald Ward, Edward Snarey, Manuel Yoccolano, Jim Crouch, Sally Stephenson APOINTMENTS One year — Raymond W. Evans Two year — Howard Steffen Three year — James Castera, Harry R. Johnson, William McVay Moved by Mrs. Irey, seconded by Mr. Maggi, approving the foregoing appointments and reappointments to the Veterans Advisory Board. Roll call vote taken: Mrs. Irey - Yes; Mr. Maggi - Yes; Mr. Burns - Yes. Motion carried unanimously. Chief Clerk presented to the Board for their consideration and approval an amendment to the 2005 West Nile Virus contracts for the Mosquito Control Program to reimburse West Nile Virus personnel the difference between the previously paid rates and the state applicable rates. Moved by Mrs. Irey, seconded by Mr. Maggi, approving the amendment to the 2005 West Nile Virus contracts as per above. Roll call vote taken: Mrs. Irey - Yes; Mr. Maggi - Yes; Mr. Burns - Yes. Motion carried unanimously. Chief Clerk presented to the Board for their consideration and approval the Washington County West Nile Virus Program Funding Grant Agreement for the period of January 1, 2006 through December 31, 2006 for the total contract amount of $65,036.01. Moved by Mrs. Irey, seconded by Mr. Maggi, approving the foregoing West Nile Virus Program Funding Grant Agreement. Roll call vote taken: 0 Mrs. Irey - Yes; Mr. Maggi - Yes; Mr. Burns - Yes. Motion carried unanimously. Chief Clerk presented to the Board for their consideration and approval an agreement with Jeffrey A. Watson entitled Cooperative Agreement Under Title IV-D of the Social Security Act for the general purposes of improving the Child Support Enforcement Program. The amount of this contract is $25,000 and this salary will increase in direct proportion to the annual increment granted to County salaried employees or by any changes made by the Salary Board for the life of the contract. The effective date is January 1, 2006 through December 31, 2006. This agreement may be terminated by either party with thirty days written notice to the other party. Moved by Mrs. Irey, seconded by Mr. Maggi, approving the agreement with Jeffrey A. Watson as per above. Roll call vote taken: Mrs. Irey - Yes; Mr. Maggi - Yes; Mr. Burns - Yes. M. BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA Motion carried unanimously. Chief Clerk presented to the Board for their consideration and approval an agreement to participate in the Washington Hospital Occupational Medicine Center consortium for drug and alcohol testing for 2006. The annual fee for participation in the program is $100.00. This agreement is necessary for compliance with the Federal Highway Administration regulations for drug and alcohol testing and the collective bargaining agreements. Moved by Mrs. Irey, seconded by Mr. Maggi, approving the agreement with Washington Hospital Occupational Medicine Center as per above. Roll call vote taken: Mrs. Irey — Yes; Mr. Maggi - Yes; Mr. Burns - Yes. Motion carried unanimously. Chief Clerk presented to the Board for their consideration and approval provider service agreements with the following providers. These agreements will be automatically renewed until either party to the agreement notifies the other party in writing of their intent not to renew under the current terms. James D. Roberts, Monongahela, PA Christina L. Jankowski, Monessen, PA Darrell Harris, Belle Vernon, PA Veronica K. Ritchea, West Alexander, PA Moved by Mrs. Irey, seconded by Mr. Maggi, approving the foregoing Child Care Information Services agreements. Roll call vote taken: Mrs. Irey Yes; Mr. Maggi — Yes; Mr. Burns — Yes. Motion carried unanimously. Chief Clerk presented to the Board for their consideration and approval an amendment to the agreement with Allegheny & Chesapeake. This amendment will change the billing from an hourly basis to a per minute basis or a percentage of fee schedule basis, depending upon the payment status of the resident. This amendment will be effective November 1, 2005. Moved by Mrs. Irey, seconded by Mr. Maggi, approving the amendment to the agreement with Allegheny and Chesapeake as per above. Roll call vote taken: Mrs. Irey - Yes; Mr. Maggi - Yes; Mr. Burns - Yes. Motion carried unanimously. Chief Clerk presented to the Board for their consideration and approval a rate increase in the current per diem charges which have been in place since 2003 at the Washington County Health Center.. These rates will be effective January 1, 2006. The charge structure is detailed below: Service Current Charge Proposed Charge Skilled Care Private Room $195.00 $ 210.00 Skilled Care Semi -private Room $185.00 $ 200.00 Nursing Services Private Room $175.00 $190.00 Nursing Services Semi -private Room $170.00 $185.00 E E luKOMUMM BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA M i� Moved by Mrs. Irey, seconded by Mr. Maggi, approving the foregoing rate increase at the Washington County Health Center. Roll call vote taken: Mrs. Irey - Yes; Mr. Maggi - Yes; Mr. Burns - Yes. Motion carried unanimously. Chief Clerk presented to the Board for their consideration and approval a Resolution for Execution of Grant Agreements with PennDOT for the Human Services Department. This resolution is effective through December 31, 2007. Moved by Mrs. Irey, seconded by Mr. Maggi, approving the Resolution for Execution of Grant Agreements with PennDOT. Roll call vote taken: Mrs. Irey - Yes; Mr. Maggi - Yes; Mr. Burns - Yes. Motion carried unanimously. Chief Clerk presented to the Board for their consideration and approval a contract renewal with Southwest Behavioral Health Management, Inc. for the Mental Health/Mental Retardation Program for the period January 1 through December 31, 2006. The contract amount is $412,108.00. No County funds are required. Moved by Mrs. Irey, seconded by Mr. Maggi, approving the contract renewal with Southwest Behavioral Health Management, Inc. for Mental Health/Mental Retardation as per above. Roll call vote taken: Mrs. Irey - Yes; Mr. Maggi - Yes; Mr. Burns - Yes. Motion carried unanimously. Chief Clerk presented to the Board for their consideration and approval an agreement with Allegheny Valley School for the period July 1, 2004 through June 30, 2005 for the Mental Health/Mental Retardation Program. The contract amount is $310,391.00. No County funds are required. Moved by Mrs. Irey, seconded by Mr. Maggi, approving the agreement with Allegheny Valley School as per above. Roll call vote taken: Mrs. Irey - Yes; Mr. Maggi - Yes; Mr. Burns - Yes. Motion carried unanimously. Chief Clerk presented to the Board for their consideration and approval an amended agreement with Transitional Employment Consultants (TEC) not to exceed $20,000 annually for stream maintenance work in the Chartiers Creek, Washington and Burgetts Fork, Slovan flood control project areas. This agreement sets forth revised wage rates from previous agreements with a term of January 1, 2006 through December 31, 2009. Moved by Mrs. Irey, seconded by Mr. Maggi, approving the amended agreement with Transitional Employment Consultants as per above. Roll call vote taken: Mrs. Irey - Yes; Mr. Maggi - Yes; Mr. Burns- Yes. MINUTE Bci[]K BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA Motion carried unanimously. Chief Clerk presented to the Board for their consideration and approval a contract with Kymberly Secreet to perform animal control services within the County parks at a rate of $300 per month ($3,600 annually) for a term of January 1, 2006 through December 31, 2006. Moved by Mrs. Irey, seconded by Mr. Maggi, approving the contract with Kymberly Secreet as per above. Roll call vote taken: Mrs. Irey - Yes; Mr. Maggi - Yes; Mr. Burns - Yes. Motion carried unanimously. Chief Clerk presented to the Board for their consideration and approval an agreement with the Southwestern Pennsylvania Commission to oversee a contract with Michael Baker Engineers for a countywide Geographic Information System. The total cost to be paid to SPC for these services is $9,500 for a period of December 21, 2005 through June 30, 2006. Moved by Mrs. Irey, seconded by Mr. Maggi approving the agreement with the Southwestern Pennsylvania Commission as per above. Roll call vote taken: Mrs. Irey - Yes; Mr. Maggi - Yes; Mr. Burns - Yes. Motion carried unanimously. Chief Clerk presented to the Board for their consideration and approval renewal of the agreement with Safety National for the County's Workers' Compensation Program. This is a large deductible plan with a premium of $298,945 for the period of January 1, 2006 through December 31, 2006. above. Moved by Mrs. Irey, seconded by Mr. Maggi, approving the renewal of the agreement with Safety National as per Roll call vote taken: Mrs. Irey - Yes; Mr. Maggi - Yes; Mr. Burns - Yes. Motion carried unanimously. Chief Clerk presented to the Board for their consideration and approval a three year agreement renewal with Inservco Insurance Services to provide claims management services. The amounts are as follows: January 1, 2006 thm December 31, 2006 $25,000 January 1, 2007 thm December 31, 2007 $26,000 January 1, 2008 thru December 31, 2008 $27,000 Moved by Mrs. Irey, seconded by Mr. Maggi, approving the three year agreement renewal with Inservco Insurance Services as per above. Roll call vote taken: Mrs. ,Irey - Yes; Mr. Maggi - Yes; Mr. Burns - Yes. Motion carried unanimously. Chief Clerk presented to the Board for their consideration and approval a $2,000,000 Tax Anticipation Note with Citizens Bank for 2006 through Boenning and Scattergood, Inc. Moved by Mrs. Irey, seconded by Mr. Maggi, adopting the foregoing Tax Anticipation Note with Citizens Bank. MINUTE BOARD OF COUNTY COMMISSIONERS ®❑ ❑ K WASHINGTON COUNTY, PENNSYLVANIA !l 11 Roll call vote taken: Mrs. Irey - Yes; Mr. Maggi - Yes; Mr. Burns - Yes. Motion carried unanimously. Chief Clerk presented to the Board for their consideration and approval the annual Supplemental Appropriations for various offices and departments. Moved by Mrs. Irey, seconded by Mr. Maggi, approving the annual Supplemental Appropriations as per above. Roll call vote taken: Mrs. Irey - Yes; Mr. Maggi - Yes; Mr. Burns - Yes. Motion carried unanimously. Chief Clerk presented to the Board for their consideration and approval Exhibit A of the current contract with Shipley Energy, York PA extending the current contract from January 1, 2006 through March 31, 2006 at the rate of $5.36 DTH + NYMEX. Moved by Mrs. Irey, seconded by Mr. Maggi, approving Exhibit A of the current contract with Shipley Energy as per above. Roll call vote taken: Mrs. Irey - Yes; Mr. Maggi - Yes; Mr. Burns - Yes. Motion carried unanimously. Chief Clerk presented to the Board for their consideration and approval an addendum to the current contract with Stargate Inc. to incorporate the following changes: Stargate Inc, has been acquired by Expedient Holdings USA Install second T1 Circuit — Cost is $576 each for a total of $1,152 plus $750 startup fee Extend term of contract for two additional years. All terms and conditions of the agreement remain the same. Moved by Mrs. Irey, seconded by Mr. Maggi, approving the addendum with Stargate, Inc. as per above. Roll call vote taken: Mrs. Irey - Yes; Mr. Maggi - Yes; Mr. Burns - Yes. Motion carried unanimously. Chief Clerk presented to the Board for their consideration and approval the payment of $15,226.72 for Oracle Support and Update Service Renewal for Court Automation. This renewal is to DLT Solutions, Herndon, Virginia for the period of January 1, 2006 through December 31, 2006. Moved by Mrs. Irey, seconded by Mr. Maggi, approving the foregoing payment to Oracle Support and Upgrade Services Renewal. Roll call vote taken: Mrs. Irey - Yes; Mr. Maggi - Yes; Mr. Burns - Yes. Motion carried unanimously. . . 'c MINUTE BoOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA Chief Clerk presented to the Board for their consideration and approval authorization to bid of a 140-150 pound washer for the Washington County Health Center. The cost is estimated at approximately $15,000 and has been budgeted for 2006. Moved by Mrs. Irey, seconded by Mr. Maggi, approving authorization to advertise for bids as per above. Roll call vote taken: Mrs. Irey - Yes; Mr. Maggi - Yes; Mr. Burns - Yes. Motion carried unanimously. Chief Clerk presented to the Board for their consideration and approval a Microsoft Enterprise Agreement. This is a thirty-six month agreement at the cost of $87,831.20 per year. The county's cost is approximately $57,000. The remaining $30,831 will be paid from other funds such as Health Center, Children and Youth Services, Domestic Relations, MH/MH, Adult Probation, CCIS, Public Safety, Liquid Fuels, Drug Task Force, I&R, and others. Moved by Mrs. Irey, seconded by Mr. Maggi, approving the Microsoft Enterprise Agreement as per above. Roll call vote taken: Mrs. Irey - Yes; Mr. Maggi - Yes; Mr. Burns - Yes. Motion carried unanimously. Chief Clerk presented to the Board for their consideration and approval ratification of the following agreements for legal research for the Law Library: Westlaw PA Gold — renew this contract for a three year period at a fixed rate increase (4% per year) over the current contract. This is for all county departments or agencies that have access to PA cases, statutes, regulations, and selected PA secondary materials. Renewal maintains the county's 30% discount on Westlaw list price. The package guarantees continuing the 50% discount on upkeep for judges' 8 most expensive West print subscriptions. Guaranteed annual costs for Westlaw PA Gold under this plan are $6,272.57 (2006); $6,523.47 (2007) and $6,784.41(2008). Westlaw National Gold & PA Analytical Library— renew this contract for three years for the Law Library at a fixed rate increase (4% per year) over the current contract. This provides access to federal and all states cases, statutes, regulations plus selected secondary materials including some published by Thomson West which are not available on LexisNexis. Renewal maintains the county's 50% discount on Westlaw list price. The package guarantees continuing the 50% discount on upkeep for the Law Library's 16 most expensive West print subscriptions. Guaranteed annual costs for Wesdaw National Gold with PA Analytical under this plan are $9,647 (2006); $10,032 (2007) and $10,434 (2008). Pure Lexis. PA All Mathhew Bender. PA Enhanced - Renew this contract for the Law Library for three years at fixed rates of increase. This provides access to federal and all states cases, statutes, regulations plus selected secondary materials including some published by LexisNexis Matthew Bender which are not available on Westlaw. Guaranteed annual costs for Pure Lexis, PA All Matthew Bender & PA Enhanced under this plan are $7,368 (2-1-06 to 1-31-07); $7,740 (2-1-07 to 1-31-08) and $7,740 (2-1-08 to 1-31-09). Moved by Mrs. Irey, seconded by Mr. Maggi, approving the foregoing legal research agreements for the Law Library. Roll call vote taken: Mrs. Irey - Yes; Mr. Maggi - Yes; Mr. Burns - Yes. Motion carried unanimously. Chief Clerk presented to the Board for their consideration and approval the purchase of ten electronic monitors and receivers from BI Inc., Boulder Colorado for the Adult Probation Office. No county dollars are required. Moved by Mrs. Irey, seconded by Mr. Maggi, approving foregoing purchase of ten monitors for the Offender 1 P Partial Day Treatment Program. M MINUTE, BOOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA Roll call vote taken: Mrs. Irey - Yes; Mr. Maggi — Yes; Mr. Burns - Yes. Motion carried unanimously. Chief Clerk presented to the Board for their consideration and approval a tax levy and appropriation resolution fixing the tax rate for the year 2006 at 19.05 mills for general purposes and 2.35 mills for debt purposes and appropriate specific sums estimated to be required for specific purposes of County government for the year 2006. Moved by Mrs. Irey, seconded by Mr. Maggi, approving the 2006 County budget as per above. Roll call vote taken: Mrs. Irey - Yes; Mr. Maggi - Yes; Mr. Burns - Yes. Motion carried unanimously. ANNOUNCEMENTS An Executive Session was held on December 21, 2005, immediately following the Agenda Meeting as an information session related to personnel, labor relations and real estate issues. The County Offices will be closed on December 26, 2006 in observance of the Christmas Day holiday and January 2, 2006 in observance of the New Year's Day holiday. The next Board of Commissioners' Meeting will be held on January 5, 2006 at 10:00 a.m. in the Public Meeting Room. SOLICITOR Solicitor DeHaven presented to the Board for their consideration and approval the following tax refunds. Moved by Mrs. Irey, seconded by Mr. Maggi, that the Tax Assessment Office be authorized to prepare the following tax refunds due to either duplication or overpayment of real estate or personal property tax. 1. Washington Mutual 2005 County Tax P.O. Box 100573 Florence, SC 29501 District: Peters Township Parcel No. 540-006-06-00-0005-00 Total amount: $820.34 2. Flagstar Bank 2004 and 2005 County Tax P.O. Box 569766 Dallas, TX 75356 District: Washington 2nd Ward Parcel No. 720-001-00-00-0002-00 Total amount: $543.58 3. Michael L. & Denise Stish 2005 County Tax 47 Main Street Daisytown, PA 15427 District: West Pike Run Township Parcel No. 700-012-02-03-0028-00 Total amount: $121.40 4. First American for 2005 County Tax Elizabeth A. Wild 95 Methodist Hill Road Rochester, NY 14623 District: Peters Township Parcel No. 540-010-17-00-0034-00 Total amount: $155.19 J MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA 5. LandAmerica for 2005 County Tax William J. & Belinda E. William P.O. Box 875 Oaks, PA 19456 District: California Borough Parcel No. 080-010-00-01-0001-00 Total amount: $54.37 6. Raymond J. Morris 1013 Washington Street Washington, PA 15301 District: Washington 2nd Ward Parcel No. 720-009-00-03-0001-00 Total amount: $20.57 7. Theresa H. Conklin 195 Shirls Avenue Washington, PA 15301 District: Washington 2nd Ward Parcel No. 720-009-00-02-0012-00 Total amount: $53.95 8. Arthur V. Rust and J C Kutzavitch 230 Hooks Lane Canonsburg, PA 15317 District: Canonsburg V Ward Parcel No: 095-001-10-00-0028-00 Total amount: $58.77 9. Belvedere Acres Assoc Red Mtg Capital 2 Miranova Place Columbus, OH 43215 District: Canton Township Parcel No. 120-013-00-00-0007-16 Total amount: $10,118.24 10. First America for John H. Fortna & Deborah Beck 486 Thomas Jones Way Suite 150 Exton, PA 19341 District: Chartiers Township Parcel No. 170-007-02-00-0038-00 Total amount: $25.73 11. George Morris Jr. Et Al 169 Klinger Road Canonsburg, PA 15317 District: Cecil Township Parcel No. 140-011-00-00-0056-09 Total amount: $15.42 Roll call vote taken: Mrs. Irey - Yes; Mr. Maggi - Yes; Mr. Burns - Yes. Motion carried unanimously. 2000-2005 County Tax 2000-2005 County Tax 2003 County Tax 2003-2004-2005 2005 County Tax 2000 & 2005 County Tax Co -Chairman Maggi recognized Butch Holloway and Manuel Yocolano who were attending today's meeting. Co -Chairman Burns wished everyone a very Merry Christmas. There being no further business, Co -Chairman Burns declared the meeting adjourned at approximately 10:40 a.m. THE FOREGOING MINUTES SUBMITTED FOR APPROVAL � 1 vt , 2005 ATTEST: CHIEF CLERK 7 L7