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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 14th day of July 2020, the Burnet County Commissioners Court met in regular session. The following members of the court were present:
Present:
County Judge James Oakley; Commissioner Precinct 1 Jim Luther, Jr.; Commissioner Precinct 3 Billy Wall; Commissioner Precinct 4 Joe Don Dockery
Absent:
Commissioner Precinct 2 Damon Beierle
Attendees:
Stephanie McCormick, Comm. Court Coordinator; Karin Smith, County Auditor; Carole Poppema, Assistant County Auditor; Stephanie Sherrill, Clerk
 
An agenda packet containing detailed information on the items listed below is distributed to the County Judge, Commissioners, and County Clerk the Friday preceding the meeting. The agenda packet is also posted on the county website at www.burnetcountytexas.org, under Public Meetings. A hard copy of the agenda packet is available in the County Clerk's office. Our Mission Statement: The mission of Burnet County is to maintain overall efficient and effective management of county resources while providing the services mandated by state and federal law and desired by the citizens of Burnet County.

REGULAR MEETING DATE: Tuesday, July 14, 2020 MEETING TIME: 9:00 a.m.
MEETING PLACE: 2nd Floor Courtroom located at 220 S. Pierce, Burnet, Texas

1. Call to Order

2. Invocation and Pledge of Allegiance to the flags.

3. Public Comments. Any person with business before the Commissioner’s Court not scheduled on the agenda may speak to the Court. No formal action can be taken on these items at this meeting. Comments regarding specific agenda items should occur when the item is called. There is a 2 minute speaking limit.

4. Discussion and/or action regarding accepting $1,000.00 contribution from Burnet Rotary from an application previously submitted (Smith)

5. Discussion and/or action regarding the approval to amen Stephen L. Figun, a paid driver independent contractor contract to refelect an increase in the hourly rate from $10/hr to $12/hr effective July 1, 2020. VETRIDE driver contracts are paid by a General Assistance grant from Texas Veterans Commission (Oakley)

6. Discussion and/or action regarding the renewal contract for LESO (military equipment) for Constable Pct. 1 (Ray)

7. Discussion and/or action regarding the renewal contract for LESO (military equipment) for Constable Pct. 2 (Adams)

8. Discussion and/or action regarding the appointment of James Shamard as Commissioner for ESD 8 (Beierle)

9. Discussion and/or action regarding approval of county crews to use county manpower and equipment to perform maintenance on the Burnet County Rodeo Grounds parking lot for the Burnet County Rodeo Association, a non-profit organization. The work performed will benefit all citizens of Brunet County and be used as a training session for R&B techs. The material is being furnished by the Burnet County Rodeo Association (Beierle)

10. Discussion and/or action regarding the approval to accept the 2020 County Transportation Infrastructure Fund (CTIF) Grant program from the Texas department of Transportation in the amount of $104,119.00 (Oakley/Smith)

11. Discussion and/or action concerning any topics related to the COVID-19 virus (Oakley)

12. Discussion and/or action regarding both Environmental Deputies grant funded positions and take action as necessary (Boyd/Oakley/Smith)

13. Discussion and/or action regarding a Public Hearing for the discussion and public comment of the County Wide Polling Place Program (Ferguson)

14. Discussion and/or action regarding the Preliminary Plat approval of Dockal Ranches, Phase 2, a private subdivision consisting of 39 lots on 82.24 acres located 6130 E. FM 243 (Beierle)

15. Discussion and/or action regarding the release of Subdivision maintenance bonds 0657427-M, 0688491-M and 0688467-M, relating to the Ranches at Canyon Creek, Phases 1-3 (Wall)

16. Discussion and/or action regarding the release of Subdivision completion bond 073213 for the Arrowhead Trail Ranch Subdivision in the amount of $681,786.08 and the acceptance of a Subdivision maintenance bond in the amount of $102,269.41 to effective for a period of 2 years from this date (Beierle)

17. Discussion and/or action regarding a variance request from the Burnet County Subdivision regulation by Dana Nauman for an 8 acre tract and a 7.04 acre tract out of a 41.078 acre tract located in the 400 block of Flying X Ranch Road (Dockery)

18. Discussion and/or action regarding the final plat of Clearwater Landing at LBJ II, Phase 2, Plat No. 2.15, 2.48 acres out of the William Simmons Svy. No. 121, Abst. No. 777, Burnet County, Texas (Luther)

19. Discussion and/or action regarding the final plat of River Hills Ranch, Phase 2-A, a private subdivision, 652.63 acres out of the Konrid Draesamer Svy. No. 73, et al Burnet County (Beierle)

20. Discussion and/or action regarding a proposed replat of Lots D, 107-110, 115-125, 111-114, and 153-163, Council Creek South, Unit 1, to be known as Lots 117A, 111A, 122C, 122D, 125C, and 125D, Council Creek South, Unit 1 (Luther)

21. Discussion and/or action regarding the Burn Ban for the unincorporated areas of Burnet County (Oakley)

22. Executive Session. Discussion with Burnet County Commissioner’s Court and the County Civil Attorney(s) and/or the County Attorney in accordance with Texas Government Codes 551.071. The Commissioners Court reserves the right to adjourn into Executive Session at any time during the course of this meeting to discuss any matters as authorized by the Texas Government Code including, but not limited to, Sections: 551/071 (Consultation with Attorney), 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations), 551.074 (Personnel Matters), 551.076 (Deliberations about Security Devices), 551.087 (Economic Development), 418.183 (Deliberations about Homeland Security Issues), 551.0725 (Contracts being negotiated).

23. Reconvene in Open Session. (Oakley)

24. Discussion and/or action regarding items discussed in Executive Session and take up for Consideration and possible action, pursuant to Chapter 262, Texas Local Government Code. (Oakley)

25. Discussion and/or action regarding Department Updates: (Oakley)
a. Treasurer’s Report for May 2020

26. Acknowledgement of Receipt: (Oakley)
a. MIS Summary for Oct. 2019 – May 2020

27. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified: (Oakley)
  1. Contract to enclose Bay at Maintenance shop
  2. Inter local agreement with City of Marble Falls for roadwork
  3. Inter local agreement and order with City of Meadowlakes
28. Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids. (Oakley)

29. The following items are part of the Consent Agenda and require no deliberation by the Commissioner’s Court. Any item from this agenda may be considered separately:
  1. Consideration and approval of any pending personnel issues within the policy.
  2. Payroll approval/Personnel Action Form Approval
  3. Consideration and approval concerning budget amendments.
  4. Consideration and approval concerning budget line item transfers.
  5. Consideration and authorization of payment of claims previously approved by the County Auditor.
  6. Acceptance of reports of County Officials as required by LGC 115.02 previously examined by the County Auditor
  7. Consideration and approval regarding Departmental equipment requests and/or property transfers.
  8. Correspondence.
30. Discussion regarding any previous agenda items.

31. Calendar Review.

32. Adjournment.





James Oakley, Burnet County Judge





Reviewed by: Eddie Arredondo, County Attorney



The Commissioners' Court reserves the right to adjourn into Executive Session at any time during the course of this meeting to discuss any matters as authorized by the Texas Government Code including, but not limited to, Sections: 551.071 (Consultation with Attorney) 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations)Deliberations about Security Devices), 551.087 (Economic Development), 418.183 (Deliberations about Homeland Security Issues). Compliance with the Americans with Disabilities Act, Burnet County will provide for reasonable accommodations for persons attending Commissioners' Court. To better serve you, requests should be received 24 hours prior to the meetings. Please contact Ms. Stephanie McCormick, Commissioners’ Court Coordinator, at (512) 715-5276. Please note, the location of the meeting is subject to change based upon availability of the Courtroom. If meeting location is changed, notice at the above meeting location shall be posted to ensure public access to meeting is granted.
 
Item #1:
Call to Order
Judge Oakley called the meeting to order at 9:00 a.m.
 
Item #2:
Invocation and Pledge of Allegiance to the Flags
Comm. Wall led the court with the Invocation and Pledges to the United States and Texas Flags.
 
Item #3:
Public Comments
Comm. Beierle is absent from today's meeting.

The court recognized Judge Oakley's birthday.

There were no comments from the public.

Comm. Dockery recognized the retirement of Andy Sanguinet, Firefighter, from the Marble Falls Fire Department.  He spent 23 years as a firefighter for Lampasas and Marble Falls Fire and Rescue.  Mr. Sanguinet is the first retiree from Marble Falls Fire and Rescue.
 
Item #8:
Appointment
Commissioner ESD 8
The court discussed the appointment of James Shamard as Commissioner for ESD 8.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the appointment of James Shamard as Commissioner for ESD 8.

Vote: 4 - 0 Passed - Unanimously

 
Item #14:
Preliminary Plat
Dockal Ranches
The court discussed the Preliminary Plat approval of Dockal Ranches, Phase 2, a private subdivision consisting of 39 lots on 82.24 acres located 6130 E. FM 243.  
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the Preliminary Plat of Dockal Ranches, Phase 2, a private subdivision consisting of 39 lots on 82.24 acres located 6130 E. FM 243.

Vote: 4 - 0 Passed - Unanimously

 
Item #18:
Final Plat
Clearwater Landing
The court discussed the final plat of Clearwater Landing at LBJ II, Phase 2, Plat No. 2.15, 2.48 acres out of the William Simmons Svy. No. 121, Abst. No. 777, Burnet County, Texas.  
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the final plat of Clearwater Landing at LBJ II, Phase 2, Plat No. 2.15, 2.48 acres out of the William Simmons Svy. No. 121, Abst. No. 777, Burnet County, Texas.

Vote: 4 - 0 Passed - Unanimously

 
Item #19:
Final Plat
River Hills Ranch
The court discussed the final plat of River Hills Ranch, Phase 2-A, a private subdivision, 652.63 acres out of the Konrid Draesamer Svy. No. 73, et al Burnet County.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the final plat of River Hills Ranch, Phase 2-A, a private subdivision, 652.63 acres out of the Konrid Draesamer Svy. No. 73, et al Burnet County pending receipt of original bond.

Vote: 4 - 0 Passed - Unanimously

 
Item #12:
Environmental Deputies
Grant Funded Positions
The court discussed action regarding both Environmental Deputies grant funded positions and take action as necessary.  The County did not receive a grant for the 2nd Environmental Deputy position.  Karin Smith, County Auditor, proposes using 50 percent from the grant and 50 percent to be funded from the County.   As the position will be terminated next year, the Deputy will not take on any new cases.  The Deputy will work 50 percent of the time on old cases and the other 50 percent on new duties.  The total cost to the County would be $4030.11 for this grant cycle.  In operating, fuel, and vehicle repairs there is $6,500 available in the grant, therefore the County would be able to utilize this funding to cover the cost for the remainder of the grant year.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve.

Vote: 4 - 0 Passed - Unanimously

 
Item #25:
Department Updates
Chris Jett, Captain Burnet County Sheriff, gave an update on the Dispatch Center.  The remodel and installation of furniture is almost completed. There are a few items they are waiting on maintenance to complete.  They are now waiting on Motorola, the City of Austin, and CAPCOG to finalize their agreement.  He estimates the dispatch center will be completed by October.  He also updated the Court on the shooting range.  In regard to Court security, temperature scanners have been received.  As an individual comes in to the screening area, they will place their wrist under the scanner which will scan their temperature.  It can also check to see if an individual is wearing a mask.  If they are not, it will remind them to put a mask on.  This will allow the Deputies to easily complete their screening process.
 
Item # 13:
Public Hearing and Comment
County Wide Polling Place Program
The court held a Public Hearing for the discussion and public comment for the County Wide Polling Place Program.  This public hearing satisfies a requirement to allow Burnet County to establish Vote Centers, which will allow voters to vote at any polling location within the County.  Being a public meeting, Judge Oakley asked if there was anyone present to speak to this item.  Susie Rogers, resident of Bertram, who frequently serves as an election Judge or election clerk addressed the Court.  Working in the Bertram area, she notes there are many voters who have jobs out of town.  When they arrive, it is close to the time when the polling location is set to close.  She directs the voter to their polling location, knowing it will most likely be closed by the time they arrive.  There are many counties around Burnet County currently using Vote Centers successfully.  She does not see any reason why this would not work in our County.  Doug Ferguson, Elections Administrator, said he was expecting more comments from the public.  There were several individuals who have sent in resolutions in favor of the project and several of them said they were going to attend the public meeting.  Judge Oakley stated both of the party's representatives have spoken in favor of this.

Mr. Ferguson updated the court on the status of meeting the qualifications to be certified as a Vote Center.  Mr. Ferguson thanked Tommy Gaut, Precinct 2 Election Judge, for the amount of documentation collected and time spent with testing at polling locations.  
 
Item #25:
Department Update
Doug Ferguson, Elections Administrator, gave an update regarding his department.  He received the security assessment report of the Elections Department.  The current election is going well.  There were a couple of connectivity issues at the election's office.  Ben Tarbet, Technology Director, has spoken with Northland Cable, who will be coming to the location to address the issue.

Herb Darling, Development Services, gave an update on his department.  While June was a busier month than his office had seen in the past, July has been more typical of the volume they experience.  Overall, they remain quite busy.
 
Item #21:
Burn Ban
The court discussed the Burn Ban for the unincorporated areas of Burnet County.  An emergency declaration was signed Friday, July 10, 2020, which instituted a burn ban.  As the emergency declaration had not been ratified Herb Darling, Development Services, recommends rescinding the emergency declaration and institute the regular burn ban.  
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to rescind the emergency declaration and institute a burn ban.

Vote: 4 - 0 Passed - Unanimously

Attachments:
 
Item #4:
Burnet Rotary Contribution
The court discussed accepting a $1,000.00 contribution from Burnet Rotary from an application previously submitted.  Karin Smith, Auditor, stated this was specific for VETRIDES.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept a $1,000.00 contribution from the Burnet Rotary for VETRIDES.

Comm. Dockery thanked the Burnet Rotary Club for their donation.

Vote: 4 - 0 Passed - Unanimously

 
Item #25:
Department Updates
Karrie Crownover, Treasurer, presented the Treasurer's report for May 2020.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the May 2020 Treasurer’s Report.

Vote: 4 - 0 Passed - Unanimously

 
Item #5:
VETRIDE Driver
The court discussed the approval to amen Stephen L. Figun, a paid driver independent contractor contract to refelect an increase in the hourly rate from $10/hr to $12/hr effective July 1, 2020.  VETRIDE driver contracts are paid by a General Assistance grant from Texas Veterans Commission.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve amending Stephen L. Figun's, a paid driver independent contractor, contract to reflect an increase in the hourly rate from $10/hr to $12/hr effective July 1, 2020, paid by a General Assistance Grant from the Texas Veterans Commission.

Vote: 4 - 0 Passed - Unanimously

 
Item #6:
Renewal Contract
LESO Constable Pct. 1
The court discussed the renewal contract for LESO (military equipment) for Constable Pct. 1.  This will allow Constable Ray to have access and acquire certain military surplus items which have been made available.  
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the renewal contract for LESO (military equipment) for Constable Pct. 1.

Vote: 4 - 0 Passed - Unanimously

 
Item #7:
Renewal Contract
LESO Constable Pct. 2
The court discussed the renewal contract for LESO (military equipment) for Constable Pct. 2.  This will allow Constable Adams to have access and acquire certain military surplus items which have been made available.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the renewal contract for LESO (military equipment) for Constable Pct. 2.

Vote: 4 - 0 Passed - Unanimously

 
Item #9:
Burnet County
Rodeo Association
The court discussed the use of County crews to use county manpower and equipment to perform maintenance on the Burnet County Rodeo Grounds parking lot for the Burnet County Rodeo Association, a non-profit organization.  The work performed will benefit all citizens of Brunet County and be used as a training session for R&B techs.  The material is being furnished by the Burnet County Rodeo Association.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve county crews to use County manpower and equipment to perform maintenance on the Burnet County Rodeo Grounds parking lot for the Burnet County Rodeo Association, a non-profit organization. The work performed will benefit all citizens of Burnet County and be used as a training session for R&B techs. The material is being furnished by the Burnet County Rodeo Association.

Vote: 4 - 0 Passed - Unanimously

Comm. Dockery added this location is also being used as a COVID testing center.
 
Item #10:
2020 County Transportation
Infrastructure Fund Grant Program
The court discussed the approval to accept the 2020 County Transportation Infrastructure Fund (CTIF) Grant program from the Texas Department of Transportation in the amount of $104,119.00.  Initially, Judge Oakley said this item had been moved to the July 28 meeting agenda.  Karin Smith, County Auditor, said the court has the authority to vote for approval and wait on the distribution of funds for the next agenda.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to accept the 2020 County Transportation Infrastructure Fund (CTIF) Grant program from the Texas Department of Transportation in the amount of $104,119.00.

Vote: 4 - 0 Passed - Unanimously

 
Item #15:
Subdivision Maintenance Bonds
Ranches at Canyon Creek
The court discussed the release of Subdivision maintenance bonds 0657427-M, 0688491-M and 0688467-M, relating to the Ranches at Canyon Creek, Phases 1-3.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the release of Subdivision Maintenance Bonds 0657427-M, 0688491-M and 0688467-M, relating to the Ranches at Canyon Creek, Phases 1-3.

Vote: 4 - 0 Passed - Unanimously

 
Item #16:
Subdivision Maintenance Bond
Arrowhead Trail Ranch
The court took no action on this item.
 
Item #17:
Variance Request
Dana Nauman
The court discussed a variance request from the Burnet County Subdivision regulation by Dana Nauman for an 8 acre tract and a 7.04 acre tract out of a 41.078 acre tract located in the 400 block of Flying X Ranch Road.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve a variance request from the Burnet County Subdivision regulation by Dana Nauman for an 8 acre tract and a 7.04 acre tract out of a 41.078 acre tract located in the 400 block of Flying X Ranch Road.

Vote: 4 - 0 Passed - Unanimously

 
Item #20:
Proposed Replat
Council Creek South
The court took no action on this agenda item.
 
Item #22:
Executive Session
The court took no action on this agenda item.
 
Item #23:
Executive Session
The court took no action on this agenda item.
 
Item #24:
Executive Session
The court took no action on this agenda item.
 
Item #26:
Acknowledgement of Receipt
The court discussed the receipt of the MIS Summary for Oct. 2019 - May 2020.  The court also received a thank you note from CASA on the recent decision to allocate funds to them and a letter from the Burnet County Central Appraisal District informing the court of a public meeting regarding their proposed budget on July 16 at 5:30 p.m.
 
Item #27:
Contracts, Agreements, or Grants
to be Approved or Ratified
The court discussed an Inter local agreement with City of Marble Falls for roadwork and an Inter local agreement and order with City of Meadowlakes.  

There was no action on item a: Contract to enclose Bay at Maintenance shop which was previously approved at the July 6 special meeting.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the Interlocal Agreement with City of Marble Falls for roadwork and Interlocal Agreement and Order with City of Meadowlakes.

Vote: 4 - 0 Passed - Unanimously

 
Item #28:
Call for Bids
Requests for Proposals/ Qualifications
The court discussed Call for Bids, Requests for Proposals and/or Qualifications.  Karin Smith, County Auditor, informed the Court she has received bids on the water management system for the jail, which are under review at this time.
 
Item #29:
Consent Agenda
The court discussed approval of the consent agenda.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the consent agenda in its entirety.

Vote: 4 - 0 Passed - Unanimously

Attachments:
 
Item #30:
Previous Agenda Items
The court took no action on this agenda item.
 
Item #31:
Calendar Review
The court discussed calendar review.
 
Item #11:
Discussion/ Action
COVID-19 Virus
The court discussed topics related to the COVID-19 virus.

Judge Oakley discussed CARES Act funds.  There are two categories where funds may be taken from.  One covers 75 percent of the total cost and the other covers 25 percent.  Karen Smith, County Auditor, states a majority of the 25 percent is already accounted for, having been used for employees with COVID related issues.  Judge Oakley stated the 75 percent category may be used for anything which involves cleaning, mitigating, or preventing the spread of COVID-19.  He is inquiring as to how much has been spent or encumbered.  Ms. Smith replied approximately 25 percent of the funds have been used.  Currently, the deadline for these funds is December, however Judge Oakley’s opinion is the deadline will be extended. 

Ms. Smith asked the court for approval to spend up to $25,000.00 on air purifiers for various offices and also an amount not to exceed $25,000.00 on temperature scanners for the jail.  She believes the jail will be approved for COVID funds. 
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the purchase up to $25,000.00 dollars for air purifiers and $25,000.00 for temperature scanners at the jail.

Vote: 4 - 0 Passed - Unanimously

Comm. Dockery asked the Auditor if there is a vetting process to confirm which items will be covered under the CARES Act.  Ms. Smith responded the Texas Department of Emergency Management (TDEM) is responding to questions.  Entities may ask if a purchase is allowable under the grant, however many of the responses from TDEM are simply quoting the verbiage in the grant application.  When the temperature scanners were specifically inquired about, they stated it was allowable under the 75 percent category.

The County received 100 COVID testing kits which were approved at the July 6 meeting.  Judge Oakley will be communicating to Elected Officials and Department Heads of these tests being available for employees whose job function or department will be impacted by an employee being self-quarantined until a positive or negative result has been determined. 

Judge Oakley reported the number of cases continues to increase in Burnet County.  This is not the result of any one gathering, the cases tend to be random.  He noted if one person in a household contracts the virus, then everyone in the household becomes ill as well.  There was a household with multiple residents who were positive for the virus, which resulted in a fatality over the weekend of an individual with the COVID virus combined with  pre-existing conditions. 

Eddie Arredondo, County Attorney, reported the Courts continue to hold hearings via Zoom.  Jury trials are currently the only court not taking place at this time. Judge Oakley continues to hear Probate cases, stating the goal is to continue to serve the public and justice system. 
 
Item #32 :
Adjournment
As there was no further business to discuss, Judge Oakley adjourned the meeting at 10:15 a.m.