Minutes - Board - 2008-05-22.s
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
MAY 229 2008
CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary
District met in regular session on May 22, 2008, at
5:30 p.m. at 628 W. 19th Street, Costa Mesa.
PLEDGE OF ALLEGIANCE
INVOCATION
ROLL CALL
DIRECTORS PRESENT:
DIRECTORS ABSENT:
President Perry called the meeting to order at 5:30
p.m.
Director Schafer led the Pledge of Allegiance.
Mr. Fauth gave the invocation.
Art Perry, Arlene Schafer, Bob Ooten, James
Ferryman, Gary Monahan
None
STAFF PRESENT: Robin B. Hamers, Manager /District Engineer; Alan
Burns, Legal Counsel; Tom Fauth, Assistant
Manager; Joan Revak, Board Secretary/Program
Manager /Clerk of the District; Marc Davis,
Treasurer; Denise Gilbert, Public Outreach
Coordinator; Janel Jackson, Office Specialist II;
Ron Shef, Ordinance Enforcement Officer; Karl
Dulake, Maintenance Supervisor; Kaitlin Tran,
Accounting Specialist; Joel Ortiz, Maintenance
Worker; Tim Henson, Maintenance Worker
OTHERS PRESENT: Mr. Dan Worthington, 2963 Mindanao Drive,
Costa Mesa
Ms. Gina Fauth, 1079 Visalia, Costa Mesa
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,Minutes of CMSD Board of Directors Regular Meeting
CONSENT CALENDAR
May 22, 2008
Page 2
Director Schafer motioned to approve the Consent Calendar. Director Ooten seconded.
Motion carried 5 -0.
REPORTS
MINUTE APPROVAL
The Minutes of the Sewer System Committee Meeting of
Minutes of the Sewer May 14, 2008, were approved as distributed.
System Committee
Meeting — May 14, 2008
Minutes of the Recycling The Minutes of the Recycling Committee Meeting of April
Committee Meeting — 21, 2008, were approved as distributed.
April 21, 2008
Minutes of Regular The Minutes of the Regular Meeting of April 21, 2008 were
Meeting — April 21, 2008 approved as distributed.
MANAGER'S REPORTS
REFUNDS There were no refunds for the month of April 2008.
Occupancy Report and The Trash Occupancy Count documented an increase of 12
Payment of $196,511.50 units for the occupancy report for solid waste collection as of
to Costa Mesa Disposal May 1, 2008. Therefore, the total for May is 21,464.
— April 2008
Board directed Staff to prepare a warrant for $196,511.50
for May,2008 collection based on occupancy report. Said
payment in the amount of $196,511.50 to Costa Mesa
Disposal to be ratified on the June 2008 warrant register.
Monthly Spill Report to The Monthly Spill Report to the State Water Resources
State Water Resources Control Board (SWRCB) for April 2008 was accepted as
Control Board submitted.
Minutes of Human The minutes of the Human Resources meeting held May 14,
Resources Meeting held 2008 were accepted as submitted.
May 14, 2008
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'Minutes of CMSD Board of Directors Regular Meeting
ENGINEER'S REPORTS
May 22, 2008
Page 3
Project Status Report The Project Status Report dated May 2008 was accepted as
submitted.
TREASURER'S REPORTS
Financial Report as of The Financial Report as of April 30, 2008 was accepted as
April 30, 2008 submitted.
Treasurer's Report as of The Treasurer's Report as of April 30, 2008
April 30, 2008 Was accepted as submitted.
Warrant 2008 -10 for April Warrant Resolution #CMSD 2008 -11 was approved,
2008 in the amount of authorizing the President and Secretary to sign the warrant
$663,490.14 ratifying the payment of certain claims and demands, and
specifying the funds out of which the same were paid in the
amount of $663,490.14.
Directors Expenses for Director Compensation and Expense Reimbursements for
the Month of April 2008 the Month of April 2008 were approved and ratified as
follows:
President Perry: $442.00
Vice President Schafer: $1326.00 + $697.24
Director Ooten: $1326.00 + $5.05 +$986.43 +$1184.45
Director Ferryman: $1105.00
Director Monahan: $442.00
END OF CONSENT CALENDAR
WRITTEN COMMUNICATION
Ms. Revak reported the District received a thank you note from the Newport Mesa
Unified School District for the $400 contribution to Wilson School for their participation in
the 2007 Telephone Book Recycling Contest.
PUBLIC COMMENTS
is There were no public comments.
'Minutes of CMSD Board of Directors Regular Meeting
• MANAGER'S REPORTS
May 22, 2008
Page 4
CMSD HISTORY OF SPECIAL MEETINGS, AD HOC COMMITTEES AND STANDING
COMMITTEES
Mr. Hamers gave a brief history of the District's use of special meetings to cover
topics too lengthy to discuss at regular Board meetings. Mr. Hamers also
reviewed the number of standing committees now in place and the demands on
Staff's time to successfully prepare for the meetings and prepare minutes. If
future sensitive subject matter is brought to the Board, Mr. Hamers suggested
either an ad -hoc committee be formed or the use of a special meeting to discuss
the subject matter rather than form additional permanent committees.
Director Ferryman suggested tightening up the focus of current committees.
Director Monahan specifically requested the Sewer System Committee meeting
agendas be pared down.
Mr. Burns informed the Board that standing committees are fully subject to the
Brown Act whereas an ad hoc committee is by definition a temporary committee
and the meetings are not subject to the Brown Act. Ms. Revak stated all Special
Meetings are "posted" in accordance with the Brown Act requirements.
PRESENTATION ON OPTIONS FOR CHANGING EMPLOYEES' CALPERS
RETIREMENT FORMULA
Mr. Hamers provided a Staff report and information to the Board regarding
changing Employees' Cal PERS Retirement Formula.
Mr. Fauth made a presentation and recommendation to the Board to consider an
increase from 2 percent to 2.7 percent at 55 to attract future talented employees.
Director Ferryman expressed concern with the increase to 2.7 % due to the state
of the economy.
Director Monahan suggested an employee buy -in and a negotiation take place
and Director Ooten concurred.
President Perry suggested moving the issue to closed session at the end of the
Regular Meeting.
Ms. Revak provided a list of flexible benefit accounts (cafeteria plans) for nearby
agencies to assure the Board the previously approved increase is not out of line
with other cities /districts in Orange County.
Minutes of CMSD Board of Directors Regular Meeting May 22, 2008
Page 5
District Yard —174 W. Wilson Street — CMSD #187
Mr. Hamers reported: the construction plans will be submitted for plan check in mid
June 2008.
Mr. Fauth recommended approval of license agreement, prepared by Colin Burns,
with Doty Brothers, who are interested in leasing the District's vacant lot for
$600 /mo. If approved by the Board, the agreement will be addressed at the June
23, 2008 Board Meeting at which time the intent then is to go forward with a lease
arrangement. Director Ooten motioned to approve the agreement. Director
Schafer seconded.
Motion carried as follows:
Ayes: Perry, Schafer, Ooten, Ferryman, Monahan
Noes: None
CMSD STRATEGIC PLAN
YEAR 2007/2008 ADDITIONAL STRATEGIC PLANNING ACTION ITEMS
SPECIAL DISTRICT LEADERSHIP FOUNDATION (SDLF)
Ms. Revak reported Director Monahan plans to attend the CSDA Board
Governance Class being offered at the CSDA Annual Conference in Irvine
in September.. Mr. Hamers plans to attend the General Manager Training
class on November 14, 2008 in Santa Clara after which the District will
submit its application for the SDLF Districts of Distinction accreditation.
SEWER SYSTEM COMMITTEE
REPORT ON MEETING HELD MAY 14, 2008
Director Monahan presented topics of discussion at the May 14, 2008
meeting.
CMSD FTP SITE AS POTENTIAL HOST FOR REGIONAL EDUCATION MATERIALS
Mr. Hamers reported the programming costs if the CMSD were to host the
site would be $1,000.
• POTENTIAL TRANSFER OF OCSD SEWERS TO CMSD
Director Monahan reported on the potential transfer of six OCSD sewers to
CMSD.
'Minutes of CMSD Board of Directors Regular Meeting
• PROJECT #186 SEWER LATERAL ASSISTANCE PROGRAM
May 22, 2008
Page 6
Ms. Jackson reported the amount expended to date is $96,000 and
includes 113 applicants for the Sewer Lateral Assistance Program.
PRESENTATION OF CMSD SEWER LATERAL ASSISTANCE PROGRAM AT 2009 CWEA
ANNUAL CONFERENCE BY ASSISTANT MANAGER
Mr. Hamers requested approval of the Assistant Manager giving a
presentation on the CMSD Sewer Lateral Assistance Program at the 2009
CWEA Annual Conference in Southern California.
Director Ferryman motioned approval of the presentation of CMSD Sewer
Lateral Assistance Program at 2009 CWEA Annual Conference in
Southern California by the Assistant Manager. Director Schafer seconded.
Motion carried 5 -0.
RECYCLING REPORTS
WASTE DIVERSION REPORT - APRIL 2008
Ms. Revak presented the Waste Diversion Report for March 2008 showing a
50.41 % diversion rate.
Director Monahan motioned the Waste Diversion Report be received and filed.
Director Schafer seconded. Motion carried 5 -0.
CONTRACT PAYMENT TO CR TRANSFER FOR RECYCLING SERVICES AND
DISPOSAL
PAYMENT FOR APRIL 2008 SERVICES
Ms. Revak presented the invoices for April 2008 recycling services and disposal.
Director Ferryman motioned to ratify contract payment to CR Transfer for
recycling services for the month of April 2008 in the amount of $194,663.07.
Director Ooten seconded.
Motion carried as follows:
Ayes: Perry, Schafer, Ooten, Ferryman, Monahan
Noes: None
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'Minutes of CMSD Board of Directors Regular Meeting
ORDINANCE ENFORCEMENT OFFICER'S REPORT
May 22, 2008
Page 7
Mr. Shef provided a report for the period of April 2008. Mr. Shef provided a list of
routes and streets he has been following including Director Schafer's street.
President Perry reported a concern of a resident breaking up concrete and
adding it to the trash collection containers and requested Mr. Shef look into the
matter.
SDRMA
EQUIPMENT LOST IN FIRE
Mr. Fauth reported no update on the equipment lost in the fire.
THEFT OF POWER CABLES
Mr. Fauth reported receiving payment of only $2,254.35 for the theft of the power
cables at the Orange County Fairgrounds. Mr. Fauth will be inquiring as to the
balance still owed.
SPRING 2008 NEWSLETTER (TRASH)
Mr. Hamers reported the CMSD spring newsletter was mailed to residents. Ms.
Jackson, under the supervision of Mr. Hamers and Ms. Revak, wrote the articles and
worked on production and artwork of the newsletter.
CITY /DISTRICTS LIAISON COMMITTEE MEETING - FRIDAY, MAY 16, 2008
Director Monahan presented the discussion from the May 16, 2008 meeting.
SUBCOMMITTEE TO LIAISON COMMITTEE ON CITY TREE ROOTS
Director Monahan reported the need for a meeting to discuss City Tree Roots in the
near future.
Mr. Hamers reported, according to City Manager Allan Roeder, the City would
probably not take financial responsibility for the damage to private sewer laterals.
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'Minutes of CMSD Board of Directors Regular Meeting
May 22, 2008
Page 8
RECYCLING COMMITTEE — MONDAY, MAY 19, 2008 —12:00 P.M., CMSD
BOARDROOM, 628 W. 19T" STREET, COSTA MESA (DIRECTOR OOTEN AND
SCHAFER
RECYCLING COMMITTEE GOALS FOR 2007/2008
Director Ooten presented the Board with the Recycling Committee Goals for
2007/2008 years.
PARTNERSHIP WITH COSTA MESA HIGH SCHOOL LIFE SCIENCE ACADEMY; ASSIST IN
EXPANDING RECYCLING PROGRAMS
Director Ooten reported Denise Gilbert and Janel Jackson may participate on a
panel to judge AP students' recycling projects at Costa Mesa High School Life
Science Academy on June 3 and 4, 2008.
COMPOSTING DEMONSTRATION AT MACY'S SOUTH COAST PLAZA HOME STORE HELD
APRIL 26, 2008
Director Ooten presented a report of the Macy's Composting /Recycling Event
• held on April 26, 2008. Staff invited experts in composting, Patrick McNelly. and
Theresa Ransbottom to present the composting demonstration and Mr. Fauth
provided recycling information to approximately 25 attendees.
COMPOSTING SEMINAR EVENT TO BE HOSTED BY THE CITY OF COSTA MESA AND
CMSD
Director Ooten reported Staff is actively looking for a venue to present
composting information to educate the community along with providing
composting bins.
STATUS OF COLLECTION OF BATTERIES AND CFLS AT ORANGE COAST COLLEGE
RECYCLING CENTER
Director Ooten reported on the status of Orange Coast College Recycling
Center's collection of batteries and fluorescent bulbs.
"ZERO WASTE"
Director Ooten suggested moving "zero waste" to next year's strategic planning
effort.
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'Minutes of CMSD Board of Directors Regular Meeting
0 LARGE ITEM COLLECTION PROGRAM
May 22, 2008
Page 9
Ms. Revak reported the Large Item Collection program begins June 16, 2008 and
will run through August 22, 2008. Ms. Revak provided dates for the pickup for
each of the Directors. Ms. Revak will verify the large item pickup will not occur on
the streets in the area surrounding the Orange County Fairgrounds during the
Fair.
Mr. Hamers suggested the necessity for the Directors to have compost bins at
their residences to better understand the process and be able to answer
questions from residents. Mr. Hamers stated the Directors should be familiar with
the details of the composting process. Mr. Burns stated as long as the Earth
Machines would be serving a public purpose such as described by Mr. Hamers
and as opposed to being a gift of public funds, the Directors are able to receive
and use the compost machines for no cost.
ENGINEER'S REPORTS
WASTE DISCHARGE REQUIREMENTS (WDR)
• Mr. Hamers reported the May 15, 2008 seminar was attended by CMSD staff as
well as Director Ooten.
CONVERSION OF "FIXED FEES" TO "CAPACITY CHARGES"
Mr. Hamers is actively working on information to be given to Mr. Burns and Mr.
Davis to continue the process.
TREASURER'S REPORTS
RESOLUTION NO. 2008 -752 ADOPTING BUDGET FOR FISCAL YEAR 2008 -2009
Mr. Davis introduced RESOLUTION NO. 2008 -752, A RESOLUTION OF THE
BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT,
ADOPTING A BUDGET FOR THE FISCAL YEAR 2008 -09. Director Ferryman
motioned to adopt Resolution No. 2008 -752. Director Ooten seconded.
Motion carried as follows:
Ayes: Perry, Schafer, Ooten, Ferryman, Monahan
0 Noes: None
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'Minutes of CMSD Board of Directors Regular Meeting May 22, 2008
Page 10
INVESTMENT OVERSIGHT COMMITTEE MEETING THURSDAY, MAY 22, 2008
(DIRECTORS OOTEN AND FERRYMAN)
Mr. Davis presented the discussion from the May 22, 2008 meeting, which
involved the Treasurer's Report of April 30, 2008. It was reported that all the
investments were called. The Committee also discussed the Cal Trust Investment
Pool.
Mr. Davis reported he will bring the investment policy and a resolution for
consideration of adoption of the policy for the 2008/09 fiscal year to the June
Regular Meeting.
CR &R - RESOLUTION OF CONTRACTUAL INTERPRETATIONS
FISCAL YEAR 2007 -2008
Mr. Davis reported an upcoming meeting with CR &R staff is scheduled for
May 28, 2008.
0 COUNTY OF ORANGE WASTE & RECYCLING 2007 ANNUAL REPORT
Mr. Davis distributed the Financial Statements for the June 30, 2007 year.
ATTORNEY'S REPORTS
DISTRICT /CCM /OCC RECYCLING CENTER AGREEMENT
Mr. Burns reported the draft of the District/CCM /OCC Recycling Center
Agreement is circulating and awaiting signatures.
Mr. Fauth reported the Board of Trustees, who are signatories on the document,
do not meet until June 19, 2008.
LETTER TO CR &R REGARDING ADDITIONAL CONTAINER MONEY AND
RESPONSE FROM CR &R
Mr. Burns sent a letter to CR &R regarding not yet having received the additional
container money. The letter was answered by CR &R and included a check in the
amount of $83,091.16.
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'Minutes of CMSD Board of Directors Regular Meeting
May 22, 2008
Page 11
• REIMBURSEMENT OF COSTS FOR DISTRIBUTION OF AGENDA MATERIALS TO
MEMBERS OF THE PUBLIC
Mr. Burns presented four basic options with regard to reimbursement of costs for
distribution of agenda materials to members of the public. Option 1, Agenda packet
distributed to all who desire; Option 2, Agenda packet only distributed if paid for;
Option 3, Agenda packet distributed without charge to public officials who have
business related to the District; Option 4, Agenda packet distributed to any individual
with an interest in the District. Director Ferryman motioned to adopt Option 3.
Director Monahan seconded. Motion carried 5 -0.
ORDINANCE NO. 68 SETTING FORTH CONFLICT AVOIDANCE PROCEDURES FOR
THE DISTRICT'S ENGINEER
Mr. Burns introduced Ordinance No. 68, AN ORDINANCE OF THE BOARD OF
DIRECTORS OF THE COSTA MESA SANITARY DISTRICT SETTING FORTH
CONFLICT AVOIDANCE PROCEDURES FOR THE DISTRICT'S ENGINEER.
Director Ferryman motioned to adopt CMSD Ordinance No. 68. Director Schafer
seconded. Motion carried 5 -0.
RESOLUTION NO. 2008 -750 ORDERING THAT PUBLICATION OF ORDINANCE NO.
66 ADOPTING A PREFERENCE AND EXCEPTION FOR ENVIRONMENTALLY
FRIENDLY PRODUCTS IN PURCHASING HAS OCCURRED
Mr. Burns introduced Resolution No. 2008 -750, A RESOLUTION OF THE BOARD
OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ORDERING THAT
PUBLICATION OF ORDINANCE NO. 66 ADOPTING A PREFERENCE AND
EXCEPTION FOR ENVIRONMENTALLY FRIENDLY PRODUCTS IN
PURCHASING HAS OCCURRED.
Director Monahan motioned to adopt CMSD Resolution No. 2008 -750. Director
Ferryman seconded. Motion carried 5 -0.
RESOLUTION NO. 2008 -751 ORDERING THAT PUBLICATION OF ORDINANCE NO.
67 AUTHORIZING ACCESS TO STATE SUMMARY CRIMINAL HISTORY
INFORMATION FOR EMPLOYMENT PURPOSES HAS OCCURRED
Mr. Burns introduced Resolution No. 2008 -750, A RESOLUTION OF THE BOARD
OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ORDERING THAT
PUBLICATION OF ORDINANCE NO. 67 AUTHORIZING ACCESS TO STATE
SUMMARY CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT
PURPOSES HAS OCCURRED.
Minutes of CMSD Board of Directors Regular Meeting
May 22, 2008
Page 12
is Director Ooten motioned to adopt CMSD Resolution No. 2008 -751. Director Schafer
seconded. Motion carried 5 -0.
LOCAL MEETINGS (Includes reports by all Directors representing CMSD)
ORANGE COUNTY SANITATION DISTRICT (OCSD)
Director Ferryman reported having a special meeting in which the Board
discussed certain OCSD bonds.
SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA)
President Perry presented the discussion from the SARFPA meeting.
President Perry distributed a packet of information regarding the dam
embankments he received at the SARFPA meeting.
INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC) (DIRECTOR
SCHAFER
Director Schafer gave a presentation on CSDA. Director Schafer presented
Is Director Ferryman with Chuck Davore's business card requesting a groundwater
tour for his family.
QUARTERLY MEETING AT MWDOC /OCWD JOINT BOARD ROOM ON THURSDAY, MAY
29, 2008 AT 11:30 A.M. ELECTION OF ISDOC REPRESENTATIVE TO LAFCO
President Perry reported he is unable to attend the May 29, 2008 ISDOC
meeting. Ms. Revak reported a minute excerpt was prepared enabling Director
Monahan or Director Ferryman to vote on behalf of the District in the election for
an ISDOC representative to LAFCO. Director Ferryman confirmed he will attend
the meeting.
LOCAL AGENCY FORMATION COMMISSION (LAFCO) (DIRECTOR SCHAFER)
Director Schafer attended a public hearing on April 9, 2008 and the Commission
denied the request to annex the south area of Santa Ana Heights and the Santa
Ana Country Club to the City of Newport Beach.
CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) (DIRECTOR SCHAFER)
CSDA 2008 SPECIAL DISTRICTS LEGISLATIVE DAY - MAY 12, 2008 SACRAMENTO
Director Schafer attended the May 12, 2008 CSDA 2008 Special Districts
Legislative Day. Director Schafer attended several meetings in the Sacramento
area regarding the CSDA Conference in September 2008.
Minutes of CMSD Board of Directors Regular Meeting
0 CSDA BOARD OF DIRECTORS - CALL FOR NOMINATIONS
May 22, 2008
Page 13
Director Schafer recommended the nomination of Dewey Ausmus, North County
Cemetery District, for Seat C in Region Six.
Director Ferryman motioned to accept Director Schafer's recommendation and
nominated Dewey Ausmus of the North County Cemetery District for Seat C in
Region Six. Director Monahan seconded. Motion carried 5 -0.
CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA)
CASA SPRING CONFERENCE AT SQUAW CREEK (APRIL 23 -26) (ATTENDED BY
DIRECTORS SCHAFER, OOTEN AND FERRYMAN
Director Schafer reported the CASA Spring Conference at Squaw Creek was very
informative and impressive. Director Schafer reported the conference consisted
of a slide presentation of the City of Masdar wherein the Eastern region will have
a solar area and plans to recycle a hundred percent of their waste. Director
Schafer reported CASA is supporting No Drugs Down the Drain along with other
• organizations.
OTHER MEETINGS QUALIFYING FOR REIMBURSEMENT UNDER CMSD ORDINANCE
No. 55, OPERATIONS CODE SECTION 3.01.030
CHAMBER OF COMMERCE
Director Schafer attended the Chamber of Commerce Legislative Committee
meeting.
OCCOG
Director Schafer did not attend the meeting.
WACO
Director Schafer reported a CSDA update was given at the May 4, 2008 meeting.
OLD BUSINESS
There was no old business discussed.
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#Minutes of CMSD Board of Directors Regular Meeting May 22, 2008
Page 14
• NEW BUSINESS
ELECTION 2008
Ms. Revak reported the general election will be held November 4, 2008. President
Perry and Director Ferryman are up for reelection. Ms. Revak submitted the required
information to the Orange County Registrar of Voters. Ms. Revak stated the
candidates' statements are limited to 200 words, and each candidate shall pay his
own costs for candidates' statement, as stated in CMSD Ordinance No. 30.
Candidate filing is July 14 through August 8, 2008, 5:00 p.m. Ms. Revak also advised
the Candidate Handbook is scheduled for completion the last week in June 2008.
Director Ooten requested rescheduling the Monday, July 21, 2008 Recycling
Committee to Monday, July 14, 2008. The Recycling Meeting for July will be held on
Monday, July 14, 2008
Director Ooten requested rescheduling the Thursday, July 24, 2008 Regular Board
meeting. The Regular Board of Directors meeting for July will be held on Wednesday,
July 16, 2008
ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
There were no oral communications or Director comments.
President Perry adjourned the meeting to closed session at 8:20 p.m.
PRESENTATION ON OPTIONS FOR CHANGING EMPLOYEES' CALPERS RETIREMENT
FORMULA (POSSIBLE NEED FOR CLOSED SESSION PURSUANT TO GOVERNMENT
CODE 54957.61
Mr. Burns stated the Board is adjourning to closed session under Government Code
Section 54957.6 to meet with negotiator Mr. Hamers pertaining to all unrepresented
employees of the District.
The Board adjourned from Closed Session at 9:25 p.m.
President Perry announced there was no action taken in the Closed Session.
ADJOURNMENT
President Perry adjourned the meeting 9:27 p.m.
Secr.tary
President