(Public Comment Period)
1.
Public
Comments.
2.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
3.
PUBLIC
HEARING: Request from the County Administrative Office to adopt a
final plan for redistricting of supervisorial boundaries.
4.
PUBLIC
HEARING: Request from the Resource Management Agency to adopt
Findings of Compatibility for Williamson Act contracted land, Special Use
Permit No. PSP 10-015 (Vestal Almond) for a 20 Megawatt Solar Photovoltaic
Electrical Generation Facility on 141.37 acres of a 203 acre site zoned AE-40 (Exclusive
Agricultural 40 acre minimum), located in the southern area of the County,
approximately 4 miles south of Ducor, 3.75 miles northeast of Richgrove and
0.64 miles west of Highway 65, pursuant to the following: a) Williamson Act requirements for compatibility
as defined in California Government Code sections 51238 and 51238.1; b) Tulare
County "Uniform Rules for Agricultural Preserves" (Board of
Supervisors Resolution No. 89-1275); c) Board of Supervisors Resolution No.
2010-0590, which amended Resolution No. 2010-0458 to include Agricultural Zone
Districts in the Solar and Wind Electrical Generation Facilities of Tulare
County Zoning Ordinance No. 352; and d) Resolution No. 2010-0717, which
established criteria adopted by the Board for Public and Private Utility
Structures located on Agricultural Zoned
Lands and lands under Williamson Act Contracts.
Direct the Clerk of the Board of Supervisors to record this Resolution
in the Office of the Tulare County Recorder.
5.
PUBLIC
HEARING: Request from the Resource Management Agency to adopt
Findings of Compatibility for Williamson Act contracted land, Special Use
Permit No. PSP 10-017 (Vestal Herder) for a 40 Megawatt Solar Photovoltaic
Electrical Generation Facility on approximately 292 acres of a 312.63 acre site
zoned AE-40 (Exclusive Agricultural 40 acre minimum), located in the southern
area of the County, approximately 4 miles south of Ducor, and abuts Highway 65
to the east, Avenue 32 to the north and Road 224 to the west, within Sections
15 & 16, Township 24 South, Range 27 East, M.D.B & M, pursuant to the following: a) Williamson Act
requirements for compatibility as defined in California Government Code
Sections 51238 and 51238.1; b) Tulare County "Uniform Rules for
Agricultural Preserves" (Board of Supervisors Resolution No. 89-1275); c)
Board of Supervisors Resolution No. 2010-0590, which amended Resolution No.
2010-0458 to include Agricultural Zone Districts in the Solar and Wind
Electrical Generation Facilities of Tulare County Zoning Ordinance No. 352; and
d) Resolution No. 2010-0717, which established criteria adopted by the Board
for Public and Private Utility structures located on Agricultural Zoned Lands
and lands under Williamson Act Contracts.
Direct the Clerk of the Board of Supervisors to record this Resolution
in the Office of the Tulare County Recorder.
6.
PUBLIC
HEARING: Request from the Resource Management Agency to adopt
Findings of Compatibility for Williamson Act contracted land, Special Use
Permit No. PSP 10-054 (Vestal Fireman) for a 20 Megawatt Solar Photovoltaic
Electrical Generation Facility on 160 acres of a 160 acre site zoned AE-40
(Exclusive Agricultural 40 acre minimum), located in the southern area of the
County, approximately 1 mile east of Highway 65, abutting Road 240 to the east,
within the southern quarter of Section 11, Township 24 South, Range 27 East,
M.D.B & M, pursuant to the following:
a) Williamson Act requirements for compatibility as defined in
California Government Code sections 51238 and 51238.1; b) Tulare County
"Uniform Rules for Agricultural Preserves" (Board of Supervisors
Resolution No. 89-1275); c) Board of Supervisors Resolution No. 2010-0590,
which amended Resolution No. 2010-0458 to include Agricultural Zone Districts
in the Solar and Wind Electrical Generation Facilities of Tulare County Zoning
Ordinance No. 352; and d) Resolution No. 2010-0717, which established criteria
adopted by the Board for Public and Private Utility Structures located on
Agricultural Zoned Lands and lands under Williamson Act Contracts. Direct the Clerk of the Board of Supervisors
to record this Resolution in the Office of the Tulare County Recorder.
(Consent Calendar)
CONSENT CALENDAR (Number 7 through 32)
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NOTICE TO THE PUBLIC
Background information
has been provided to the board on all matters listed under the Consent
Agenda, and these items are considered to be routine by the Board. All items under the Consent Agenda are
normally approved by one motion. If
discussion is requested by any Board members on any item, that item will be
removed from the Consent Agenda if separate action is required.
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Auditor-Controller/Treasurer-Tax Collector
7.
Authorize
the Auditor-Controller/Treasurer-Tax Collector to be able to create
County-controlled funds and to borrow and loan money between County-controlled
funds.
Board of Supervisors
8.
Ratify
a Proclamation Recognizing September 17-23, 2011 as Constitution Week in Tulare
County.
9.
Approve
the extension of the Visalia Arts Consortium's designation as the official Arts
Council of Tulare County through September 2013.
10.
Appoint
the following individuals to the Health Advisory Council:
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Community Partners
with terms ending February 1, 2013
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Dr. Chris J.
Rodarte, Hospitals, Clinics, Medical Service Agencies
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Dr. William Goodin,
Health Practitioners
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John Crivello, Law
Enforcement
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Kathy Johnston,
Schools
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Frank Ardon, Other
Organizations
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County Appointments
with terms ending February 1, 2013
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Karen Haught, Public
Health Officer or Designee
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Erma Montion,
Community Health Board Member
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District
Appointments with terms ending February 1, 2014
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Barry L. Gambini,
District One Representative
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Frankie Gonzalez,
District Two Representative
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Candace Hilvers,
District Three Representative
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Jose Duarte,
District Four Representative
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George Patterson,
District Five Representative
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County Appointments
with terms ending February 1, 2014
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Pete Vander Poel,
Board of Supervisors
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John Hess, Primary
Member - Resource Management Agency
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Laurie Mercer,
Alternate Member - Resource Management Agency
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Kenneth Bowers,
Environmental Health
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County Administrative Office/Capital Projects
11.
Approve
an amendment to Agreement No. 24866 with BVI Construction, Inc. for the
Probation Office Renovation Project in the amount of $823,258. Authorize the Chairman to sign the amendment,
subject to review and approval as to form by County Counsel. Approve the necessary budget
adjustments. (4/5ths vote required)
Health & Human Services Agency
12.
Approve
the Capital Asset purchase of one (1) full-size pick-up truck for the
Environmental Health Surveillance Program.
Approve the necessary budget adjustments. (4/5ths vote required)
13.
Approve
the adjustment in the Capital Asset line and proposed Fiscal Year 2011/2012
budget in the amount of $7,542 for the purchase of a plotter for the County's Emergency
Operations Center. Approve the necessary
budget adjustment. (4/5ths vote
required)
14.
Approve
the Spending Plan recommendations from the Child Abuse Prevention Council for
the following funding sources: Community Based Child Abuse Prevention (CBCAP);
Child Abuse Prevention; Intervention and Treatment (CAPIT); and Children's
Trust Fund (CTF) for Fiscal Year 2011/2012.
The total amount of funding is $265,778.
15.
Authorize
the submittal of the application for the 2011 State Homeland Security Grant
Program, not to exceed $667,589 to enhance the ability to prepare for, prevent,
respond to, and recover from terrorist attacks and other disasters.
16.
Approve
the operating budget for the Tulare County Child Abuse Prevention Council
(CAPC) in the amount of $40,000 from the Children's Trust Fund (CTF) for Fiscal
Year 2011/2012.
17.
Approve
an amendment to Agreement No. 23923 with Proteus, Inc. in an amount not to
exceed $1,099,148 to provide comprehensive job services to clients of
TulareWORKs from October 1, 2011 through September 30, 2012.
18.
Approve
an amendment to Agreement No. 23924 with SEE and Company in an amount not to
exceed $475,000 to provide comprehensive job services to clients of TulareWORKs
from October 1, 2011 through September 30, 2012.
19.
Approve
an amendment to Agreement No. 23972 with Community Services and Employment
Training Inc. in an amount not to exceed $1,351,274 to provide comprehensive
job services to clients of TulareWORKs from October 1, 2011 through September
30, 2012.
20.
Approve
an amendment to Agreement No. 24471 with Community Services and Employment
Training, Inc. in an amount not to exceed $541,066 to provide pre-employment
counseling, skills assessment, education and life skills training for the Youth
Transitions Program, effective October 1, 2011 through September 30, 2012.
21.
Approve
a Memorandum of Understanding with Lindsay Unified School District to
coordinate services for TulareWORKs through the Supporting Father Involvement
Program, retroactive to September 1, 2011 through June 30, 2012. Find that the Board had authority to enter
into the Memorandum of Understanding on September 1, 2011 and that it was in
the County's best interest to enter into the Memorandum of Understanding on
that date.
22.
Approve
the Tulare County Mental Health Services Act, Prevention and Early Intervention
Statewide Projects Plan 2008-2012 as submitted to the Tulare County Board of
Supervisors per requirements of Assembly Bill 100. Authorize the Tulare County Director of Mental
Health to sign the County Certification and submit the Mental Health Services
Act, Prevention and Early Intervention Statewide Projects Plan 2008-2012. Authorize the Tulare County Director of
Mental Health to accept all the Mental Health Services Act, Prevention and
Early Intervention Statewide funds from fiscal year 2011-2012 and prior fiscal
years in the amount of $1,928,400, per Assembly Bill 100. Approve the necessary budget
adjustments. (4/5ths vote required).
Human Resources & Development
23.
Approve
the Side Letter Agreement between County of Tulare and Tulare County
Professional Firefighters Association suspending the Furlough Program.
Information & Communications Technology
24.
Approve
Statement of Work No. 3 to Amendment F of Agreement No. 14242 with CGI, Inc. in
an amount not to exceed $377,250 for ongoing maintenance of the AFIN software
and the next phase of the upgrade from Advantage Financial 3.6.1 to 3.8.0.2,
retroactive to September 20, 2011 through June 30, 2012. Find that the Board had authority to enter
into the proposed statement of work as of September 20, 2011, and that it was
in the County's best interest to enter into the agreement on that date.
25.
Approve
the renewal with Netsmart Technologies in an amount not to exceed $105,835 to
provide license and support of the Comprehensive Managed Health Care Management
Information System software for the period of January 1, 2012 through December
31, 2012.
Library
26.
Accept
the grant funding award from the California State Library called Teen
Vooks: Exposing Teens to tools for
Digital Creativity in the amount of $28,000 for Fiscal Year 2011/2012. Approve the necessary budget
adjustments. (4/5ths vote required)
27.
Approve
the changes in the By-Laws of the Tulare County Library Advisory Board.
Sheriff/Coroner
28.
Approve
the Capital Asset purchase of a Dump Trailer for the Sheriff's Tactical
Enforcement Personnel Team in an amount not to exceed $7,200. Approve the necessary budget
adjustments. (4/5ths vote required)
29.
Approve
an agreement with California Department of Corrections and Rehabilitation,
California Division of Juvenile Justice in the amount of $77.17 per day to
provide housing for revoked parole violators effective upon the signing by all
parties of the Division of Juvenile Parole Operations Housing Agreement for
Revoked Parole Violators through December 31, 2013. Approve the necessary budget adjustments. (4/5ths vote required)
30.
Approve
an agreement with the U.S. Department of Justice, Drug Enforcement
Administration, Organized Crime Drug Enforcement Task Force, retroactive to
September 1, 2011 through September 30, 2011.
Find that the Board had authority to enter into the agreement as of
September 1, 2011, and that it was in the County's best interest to enter into
the agreement on that date.
Workforce Investment Board
31.
Appoint
William DeLain as Chair to the Workforce Investment Board of Tulare County
Board of Directors.
32.
Approve
the addition of one (1) Administrative Services Officer II, effective October
24, 2011. Approve the Personnel
Resolution amending the Position Allocation Listing.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
33.
Request
from the Probation Department to approve the Public Safety Realignment Act AB
109 Implementation Plan for Fiscal Year 2011/2012.
34.
Request
from the Probation Department to accept grant funding in the amount of
$5,657,817 from the State of California for the implementation of the 2011
Public Safety Realignment Act (AB 109) for Fiscal Year 2011/12. Accept grant funding in the amount of
$150,000 from the State of California to assist the Community Corrections
Partnership in the development of the AB 109 Implementation Plan. Approve the adoption of a new class
specification and designation for Social Worker-Public Defender, a proposed new
position for the Public Defender's Office.
Approve a Personnel Resolution amending the Fiscal Year 2011/12 position
allocations for the Probation Department, adding 16 FTE's; Public Defender's
Office, adding 5 FTE's; District Attorney's Office, adding 3 FTE's; Health and
Human Services Agency, adding 2 FTE's; and the Sheriff's Department, adding 52
FTE's. Approve the Capital Asset
purchase of ten (10) vehicles for the Probation Department in an amount not to
exceed $260,000. Approve the necessary
budget adjustments for the Probation Department, Public Defender's Office,
District Attorney's Office, Health and Human Services and the Sheriff's
Department. (4/5th's vote required).
35.
Request
from the Resource Management Agency to approve the Developer Agreement and
Reclamation Plan with financial assurances with SR Solis Vestal Almond, LLC for
Special Use Permit No. PSP 10-015 to allow the construction and operation of a
20 megawatt solar photovoltaic electric generating facility on a 141 acre site
in an AE-40 (Exclusive Agriculture - 40 acre minimum) Zone located in the
southern area of the County, approximately 4 miles south of Ducor, 3.75 miles
northeast of Richgrove and 0.64 miles west of Highway 65. Authorize the Chairman to sign the Developer
Agreement, subject to approval as to form by County Counsel.
36.
Request
from the Resource Management Agency to approve the Developer Agreement and
Reclamation Plan with financial assurances with SR Solis Vestal Herder, LLC for
Special Use Permit No. PSP 10-017 to allow the construction and operation of a
40 megawatt solar photovoltaic electric generating facility on a 292 acre site
in an AE-40 (Exclusive Agriculture - 40 acre minimum) Zone located in the
southern area of the County, approximately 4 miles south of Ducor, and abuts Highway
65 to the east, Avenue 32 to the north and Road 224 to the west, within
Sections 15 & 16, Township 24 South, Range 27 East, M.D.B & M. Authorize the Chairman to sign the Developer
Agreement, subject to review and approval as to form by County Counsel.
37.
Request
from the Resource Management Agency to approve the Developer Agreement and
Reclamation Plan with financial assurances with SR Solis Vestal Fireman, LLC
for Special Use Permit No. PSP 10-054 to allow the construction and operation
of a 20 megawatt solar photovoltaic electric generating facility on a 160 acre
site in an AE-40 (Exclusive Agriculture - 40 acre minimum) Zone located in the
southern area of the County, approximately 1 mile east of Highway 65, abutting
Road 240 to the east, within the southern quarter of Section 11, Township 24
South, Range 27 East, M.D.B & M.
Authorize the Chairman to sign the Developer Agreement, subject to
approval as to form by County Counsel.
38.
Rescind
Resolution No. 2011-0159 and Agreement No. 24917 regarding transfer of
Redevelopment Agency funds and assets.
ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVSIORS AND
CONVENE AS THE TULARE COUNTY
REDEVELOPMENT AGENCY
39.
Rescind
Resolution No. RA 2011-05 and Agreement No. RA-109 regarding transfer of
Redevelopment Agency funds and assets.
ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND
RECONVENE AS THE TULARE COUNTY BOARD
OF SUPERVISORS
40.
Authorize
and establish the County of Tulare as the Successor Agency of the Tulare County
Redevelopment Agency. Adopt a
Resolution electing to retain the housing assets, functions, rights, powers,
liabilities, duties and obligations previously performed by the Redevelopment
Agency pursuant to Health and Safety Code Section 34176(a). Direct the Clerk of the Board to record a
CEQA Notice of Exemption with the County Clerk of Tulare County.
ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY
REDEVELOPMENT AGENCY
41.
Direct
Staff to provide the Preliminary Draft of the Initial Recognized Obligation
Payment Schedule to the Successor Agency pursuant to Health and Safety Code
Section 34169(h) by September 30, 2011.
ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND
RECONVENE AS THE TULARE COUNTY BOARD
OF SUPERVISORS
42.
Direct
Staff to proceed under the Assembly Bill X1 26, the Dissolution Act; or Direct
Staff to proceed under Assembly Bill X1 27, the Voluntary Program Act.
43.
Conditionally
adopt the Nonbinding Resolution of Intent declaring the County of Tulare's
intent to adopt an Ordinance to continue the Tulare County Redevelopment Agency
and comply with Part 1.9 of Division 24 of the California Health and Safety
Code.
(Closed Session)
CLOSED SESSION
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NOTICE TO THE PUBLIC
CLOSED SESSIONS
As provided in the Ralph
M. Brown Act, Government Code sections 54950 et seq., the Board of
Supervisors may meet in closed session with members of its staff, county
employees and its attorneys. These sessions are not open to the public and
may not be attended by members of the public.
The matters the Board will meet on in closed session are identified
below or are those matters appropriately identified in open session as
requiring immediate attention and arising after the posting of the
agenda. Any public reports of action
taken in the closed session will be made in accordance with Government Code
sections 54957.1
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It is the intention of the Board to meet in closed
session concerning:
Sitting as the Tulare County
Board of Supervisors
ITEM
A
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation [Government Code Section 54956.9 (b)(1)]
Number of
Potential Cases: 1
Threatened
litigation regarding supervisorial redistricting
Next Item(s)
Sitting as...
ITEM
B
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation [Government Code Section 54956.9 (b)(1)]
Number of
Potential Cases: 2
Public
Hearing for Findings of Compatibility for Williamson Act contracted land
(Contract No. 12466, APN 339-050-001), Special Use Permit No. PSP 10-015 (Solis
Vestal Almond) for a 20 Megawatt Solar Photovoltaic Electrical Generation
Facility on 141.37 acres of a 203 acre site zoned AE-40, southwest of Ducor
Next Item(s)
Sitting as...
ITEM
C
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation [Government Code Section 54956.9 (b)(1)]
Number of
Potential Cases: 2
Public
Hearing for Findings of Compatibility for Williamson Act contracted land
(Contract No. 6919, APN's 339-080-026 & 339-080-025), Special Use Permit
No. PSP 10-017 (Solis Vestal Herder) for a 40 Megawatt Solar Photovoltaic
Electrical Generation Facility on approximately 292 acres of a 312.63 acre site
zoned AE-40, southwest of Ducor
Next Item(s)
Sitting as...
ITEM
D
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation [Government Code Section 54956.9 (b)(1)]
Number of
Potential Cases: 2
Public
Hearing for Findings of Compatibility for Williamson Act contracted land
(Contract No. 10058, APN 339-040-001), Special Use Permit No. PSP 10-054 (Solis
Vestal Fireman), for a 20 Megawatt Solar Photovoltaic Electrical Generation
Facility on a 160 acre site zoned AE-40, southwest of Ducor
Next Item(s)
Sitting as...
ITEM
E
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation [Government Code Section 54956.9 (b)(1)]
Number of
Potential Cases: 2
Developer
Agreement and Reclamation Plan for Special Use Permit No. PSP 10-015 (SR Solis
Vestal Almond, LLC) a 20 Megawatt Solar Photovoltaic Electric Generating
Facility on a 141 Acre Site in an AE-40 Zone, South of Ducor. Board of
Supervisors Agenda Item September 27, 2011
Next Item(s)
Sitting as...
ITEM
F
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation [Government Code Section 54956.9 (b)(1)]
Number of
Potential Cases: 2
Developer
Agreement and Reclamation Plan for Special Use Permit No. PSP 10-017 (SR Solis
Vestal Herder, LLC) a 40 Megawatt Solar Photovoltaic Electric Generating
Facility on a 292 Acre Site in an AE-40 Zone, South of Ducor. Board of
Supervisors Agenda Item September 27, 2011
Next Item(s)
Sitting as...
ITEM
G
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation [Government Code Section 54956.9 (b)(1)]
Number of
Potential Cases: 2
Developer
Agreement and Reclamation Plan for Special Use Permit No. PSP 10-054 (SR Solis
Vestal Fireman, LLC) a 20 Megawatt Solar Photovoltaic Electric Generating
Facility on a 160 Acre Site in an AE-40 Zone, South of Ducor. Board of
Supervisors Agenda Item September 27, 2011
Next Item(s)
Sitting as...
ITEM
H
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: Mario Lopez Jr., et al vs. County of Tulare, et al
United
States District Court Eastern District of California Case Number:
1:11-CV-01547-LJO-SMS
Next Item(s)
Sitting as...
ITEM
I
CONFERENCE WITH LABOR
NEGOTIATOR
Details
(Government
Code Section 54957.6)
Agency
Designated Representative: Jeff Cardell,
Jean Rousseau
Employee
Organization: All Certified Employee
Organizations
Unrepresented
Employees: All Unrepresented Employees
except Elected
Next Item(s)
Sitting as...
ITEM
J 1:30 p.m. - 3:30 p.m. Interviews
CONSIDER PUBLIC
EMPLOYEE APPOINTMENT/EMPLOYMENT FOR THE POSITION OF:
Details
Board
Representative I/II
Next Item(s)
Sitting as...
