HomeMy WebLinkAboutC2. Rec Bylaws
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Stacy Ulmen CMC, City Clerk
Pearl Michalson, Deputy City Clerk
SUBJECT: Approval of Rules of Procedure By Laws for the
Recreation and Parks Advisory Board
MEETING DATE: November 9, 2015
AGENDA ITEM TYPE: Consent Item
RECOMMENDATION: Approve Rules of Procedure By Laws for the Recreation and
Parks Advisory Board.
BACKGROUND: In the summer of 2011 the City Commission revised their rules of procedure
with amendments to Bozeman Municipal Code 2.04 (now 2.02) through Ordinance 1807. Within
Ordinance 1807 was a requirement that the City Clerk and City Attorney prepare model rules of
procedure that comport with the City Commission rules of procedure through resolution to be
approved by the Commission. The model rules were then created and approved through
Commission Resolution 4377. The Recreation and Parks Advisory Board have reviewed the model
rules of procedure. The resulting rules of procedure were approved by the Recreation and Parks
Advisory Board on June 11, 2015.
This item comes before the City Commission as a final approval that the model rules of procedure
will now be the governing rules of procedure document for the Recreation and Parks Advisory
Board.
Attachments: RPAB Rules of Procedure By Laws
Draft RPAB Minutes
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RECREATION AND PARKS ADVISORY BOARD
By Laws
Section 1 -Applicability
These rules are supplementary to the provision of Title 7, Chpt. 1, Part 41, MCA, Title 7, Chpt. 5,
Parts 41 and 42, MCA, and Title 2, Chpts. 2 and 3, MCA as they relate to procedures for conducting meets
and public hearings before City boards.
Section 2 - Chairperson and Vice Chairperson – Powers and Duties
During the first meeting of the board each year the board shall appoint by majority vote, a
chairperson and a vice chairperson. If appropriate, they shall also appoint a board secretary. The recording
secretary may be a staff liaison. The chairperson shall be the presiding officer of the board. During the
absence of the chairperson, the vice chairperson shall discharge the duties and exercise the powers and
authority of the chairperson. The presiding officer shall preserve strict order and decorum at all meetings
and confine members in debates to the question under consideration. The presiding officer may move or
second any item of business then before the board. The presiding officer shall state, or cause to be stated,
every motion coming before the board, announce the decision of the board on all subjects, and decide all
questions of order, subject, however to an appeal to the board, in which event a majority vote of the board
members present shall govern and conclusively determine such question of order. The presiding officer
shall vote on all questions.
Section 3 - Parliamentary Authority
Unless otherwise specifically provided herein or by ordinance or statute, all meetings and hearings
of the Recreation and Parks Advisory Board shall be conducted in accordance with these rules. In all cases
not covered by these rules, procedure shall be settled by a majority of the board unless the presiding officer
rules that the controlling parliamentary authority shall be the latest edition of Robert's Rules of Order,
Newly Revised.
Section 4 - Meeting Agendas
A. The chairperson, staff liaison, or another designated board member shall arrange a list of matters to be
brought before the board according to the order of business specified herein, and furnish each member and
the public through the city’s website with a copy of the agenda and all supporting information no later than
48 hours immediately preceding the meeting for which that item has been scheduled. All material to be
presented to the board for consideration with an agenda item shall be made available to the public within
the above time frame. Copies of the agenda shall be available from the City Clerk and one copy shall be
posted at the designated posting board in the City Hall for public viewing and made available on the City’s
website. Pursuant to Section 7-1-4135, MCA, the Recreation and Parks Advisory Board designates as
the official posting place for all boards the posting board in the lobby of City Hall located at 121 North
Rouse, Bozeman, Montana.
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Recreation and Parks Advisory Board By Laws
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B. The staff liaison or board chair shall prepare the meeting agenda and may consult with other board
members in preparing the agenda. The chair person or a majority of board members may add to or
remove an item from the agenda. The agenda shall be in substantially the following form:
Call Meeting to Order
Executive Session (if required) (only necessary if an executive session is being held).
Disclosure of Ex Parte Communication such as comments or information received
Changes to the Agenda Approval of Prior Minutes
Open Public Comments: (limit of 3 minutes) Announcements
Special Presentations (if required) Committee Reports and Action Items
Division & Gallatin Valley Land Trust Reports
Update of Trails, Open Space and Parks Projects
Parks & Cemetery Superintendent Report:
Parks & Recreation Director Report:
City Commissioner Perspective:
F.Y.I. (Ending Comments) Adjournment
Order of the above may be adjusted by the presiding officer
Section 5 ‐ Meetings
All meetings of the board shall be open to the public unless authorized by law. Prior to closing
any meeting of the board the chairperson or staff liaison shall consult with the city attorney.
A. General/Regular Meetings:
i. Boards shall hold a regular meeting once a month or no less than quarterly as directed in
their establishing documents.
ii. Any meeting of the board may be adjourned to a later date and time, provided that no
adjournment shall be for a longer period than until the next regular or specially scheduled
meeting.
iii. The presiding officer, staff liaison or majority of the board may cancel a regular meeting
if no business is scheduled for that meeting.
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B. Public Hearings:
iv. Public Hearings are meetings required of some citizen advisory boards to be held as a
public hearing pursuant to law. The provisions of subsection A of this section apply to Public
Hearings.
v. Unless prohibited by law, a public hearing may be rescheduled or adjourned to a later date
and time.
B. Executive Sessions: Executive Sessions are meetings of the board with the purpose to discuss
litigation strategy, a matter of individual privacy, or other matters wherein a meeting may be closed
pursuant to law and will be scheduled as needed. Although each Executive Session will commence
as an open public meeting, Executive Sessions may be closed to the public pursuant to authority and
limitations in Title 2, Chpt. 3, Part 2, MCA. An Executive Session may be called at any time during any
meeting if authorized by law.
C. Special Meetings: The presiding officer, a majority of the board or the staff liaison may call special
meetings of the board, upon at least forty eight (48) hours notice to each member personally served
on each member through email or left at the member’s usual place of residence and also notice to the
public by, at a minimum, posting the agenda on the City’s website and posting board.
Section 6 ‐ Order of Presentation/Public Participation
A. The order of presentation in which items are presented to the board shall generally be as
follows:
i. The staff liaison shall present the agenda item to the board, if appropriate.
ii. If applicable, the staff liaison may present a background report on the matter for discussion.
Upon conclusion of a staff presentation, board members may ask questions of staff for the
purposes of understanding and clarification. If the agenda item is a public hearing, the
presiding officer will open the public hearing prior to staff presentation.
iii. If applicable, comments from the applicant, or the applicant’s agent, shall be heard. The
applicant’s presentation/testimony is limited, subject to the discretion of the presiding
officer, to ten (10) minutes.
iv. After being recognized by the presiding officer, a board member may direct questions to
the staff or applicant.
v. Members of the audience or their agent may be invited to present testimony or evidence.
To be recognized, each person desiring to give testimony or evidence shall step forward and,
after being recognized, give their name and address for the record. The presiding officer may
establish a timeframe for each public comment but in no case shall such timeframe be less
than three (3) minutes per speaker. The presiding officer may lengthen or shorten the time
allotted for public testimony.
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vi. After being recognized by the presiding officer, a board member may direct questions to
any person so testifying for purposes of clarification.
vii. Following public comment, the staff liaison shall be given the opportunity to comment on
any testimony or other evidence.
viii. Following staff comment and if a public hearing, the applicant will be given the
opportunity to rebut or comment on any testimony or other evidence. The applicant’s
comments and rebuttal is limited, subject to the discretion of the presiding officer, to five (5)
minutes.
ix. If a public hearing, following applicant rebuttal and any further questions, the presiding
officer will close the hearing and bring the agenda item forward for discussion, motion and
vote.
x. If a public hearing, after being recognized by the presiding officer, a board member may
direct questions limited to the rebuttal testimony and evidence.
xi. The board secretary shall enter into the record all correspondence that has been received
but was not yet provided.
xii. Unless required to act by a certain date pursuant to law, the board may continue the
discussion to a date certain, close discussion and vote on the matter, or close the discussion
and continue the vote to a date certain.
A. All testimony and evidence shall be directed to the presiding officer. No person, other than a
board member and the person recognized as having the floor shall be permitted to enter into
the discussion. No questions shall be asked of a board member except through the presiding
officer.
B. The board may ask the staff liaison for its recommendation.
C. If a public hearing, in the event the applicant does not appear at the scheduled time and place,
unless the applicant has waived his or her appearance in writing, and which waiver has been
accepted, or unless the matter is submitted as a consent item, the matter shall be continued
to the next available regular meeting, public hearing date, or other date certain.
D. All testimony and evidence shall be directed to the presiding officer. No person, other than
a board member and the person recognized as having the floor shall be permitted to enter
into the discussion. No questions shall be asked of a board member except through the
presiding officer.
E. For all public hearings involving land use and annexation decisions, the board will wait a
minimum of one week before making a decision whenever requested by a member unless a
decision is required due to a statute, ordinance or other law.
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F. Board members are urged to state the reasons for their decisions, particularly on land use
issues; the record must reflect findings regarding legal criteria for all quasi‐judicial decisions.
G. Witnesses may be required to testify under oath.
H. The board shall not be bound by the strict rules of evidence and may exclude irrelevant,
immaterial, incompetent or unduly repetitious testimony or evidence.
I. The presiding officer shall rule on all questions relating to the admissibility of evidence with
advice from the City Attorney, which ruling may be overruled by a majority vote of the board.
J. A public hearing which has been formally closed for all public input may not be reopened and
no additional evidence or testimony from the public shall be received or considered
except as provided herein. If additional information is required from the public before a
decision can be made, the board upon motion duly made, seconded and passed, may call for
an additional public hearing which hearing shall be noticed as required by law, specifying
date, time place and subject matter of hearing. This paragraph does not preclude the board,
after the public hearing, from asking questions of staff, receiving additional evidence from
staff or, after a hearing held on a preliminary plat, pursuant to Title 76, Chpt. 3, from
consulting the subdivider about conditions or other mitigation required of the subdivider.
Upon decision by the presiding officer or upon a duly adopted motion of the board to reopen
the public hearing prior to close of the agenda item in which the hearing was held, the
requirement to provide public notice does not apply; the public hearing may be reopened and
the additional input provided prior to a final decision on the item.
Section 7 ‐ Quorum and Voting
Unless otherwise provided by law, a quorum shall consist of a majority of existing appointed
board members. If a quorum is not present, those in attendance shall be named and the board shall
adjourn to a later time. The board secretary shall reduce motions to writing and, upon request shall
read a motion prior to the vote. Upon every vote, the outcome shall be stated and recorded. A board
member has an obligation to vote unless there is a conflict of interest. Email, telephonic, or proxy
voting shall be prohibited.
Section 8 ‐ Rules of Debate/Reconsideration/Conflict of Interest
A. Every board member desiring to speak shall address the presiding officer and upon recognition
by the presiding officer, shall confine discussion to the question under debate, avoiding all
personalities and indecorous language.
B. A board member, once recognized, shall not be interrupted when speaking unless the member is
to be called to order, or as herein otherwise provided. If a board member, while speaking is called to
order, they shall cease speaking until the question of order be determined, and, if in order shall be
permitted to proceed.
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C. Order of rotation in matters of debate or discussion shall be at the discretion of the presiding
officer.
D. A motion to reconsider any action taken by the board must be made on the day such action was
taken. It must be made either immediately during the same session, or at a recessed and reconvened
session thereof. Such motion shall be made by one of the prevailing side, but may be seconded by
any member, and may be made at any time and have precedence over all other motions or while a
board member has the floor. It shall be debatable. Nothing herein shall be construed to prevent any
board member from making or remaking the same or any other motion at a subsequent meeting of
the board, but the matter must be duly scheduled as an agenda item.
E. Pursuant to the City’s Code of Ethics, a board member may seek the advice of the City Attorney as
to whether the member has a conflict of interest pursuant to law. If the board member is advised
there is a conflict of interest, the member shall recuse himself/herself, step away from the meeting
table, and refrain from discussion and vote on the matter.
F. After a motion, duly made and seconded, by the board, no person shall address the board without
first securing the permission of the presiding officer.
Section 9 ‐ Open Meetings and Email
A. Except for properly‐called executive sessions as permitted by state law, all meetings of the
board shall be open to the public and media, freely subject to recording by radio, television and
photography at any time, provided that such arrangements do not interfere with the orderly conduct
of the meetings.
B. A majority of the board shall not conduct synchronized email discussions involving a matter
over which the board has supervision, control, jurisdiction, or advisory power. Synchronized email
discussions are email exchanges among a majority of board members within minutes of each other
that create the quality of simultaneity similar to instant messaging or chat room discussions. Such
discussions are characterized as an active exchange of information rather than the passive receipt of
information. An example of synchronized email discussion would be a majority of board members
sitting at their computers and instantly exchanging emails concerning board business, whereas a
passive receipt of information is where a board member receives an email and responds in the
normal course of time similar to responding by letter received in the mail. The board shall not view
emails or other electronic communication mechanisms concerning any matter on the agenda
during a board meeting unless the submission is part of a specifically approved and adopted
electronic public testimony program. Electronic communication mechanisms include text
messaging or any other emerging technology that violates the spirit of open meeting laws. This does
not preclude viewing emails or electronic communication mechanisms that were received prior to
the board meeting. Emails received by board members concerning an agenda item shall be
forwarded to the staff liaison or board secretary and retained in accordance with the City’s retention
policy.
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Section 10 ‐ Decorum
A. While the board is in a session, board members must preserve order and decorum, and a member
shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the
board nor disturb any member while speaking or refuse to obey the orders of the board or its
presiding officer.
B. Any person making personal, impertinent or slanderous remarks or who shall become boisterous
while addressing the board may be denied further audience with the board by the presiding officer,
unless permission to continue is granted by a majority vote of the board.
C. The board shall not debate, in a heated or argumentative manner, with a member of the public
presenting testimony during a meeting.
D. Speakers shall only address the agenda item before the board. Any person speaking on an agenda
item not before the board may be called out of order.
Section 11 ‐ Recording of Meetings and Minutes
A. The board secretary shall prepare a summary of all meetings to be known as the “Minutes” and to
be approved by the board. It shall not be necessary to formally read out loud the Minutes prior to
approval. Such Minutes may be revised by the staff liaison or board secretary to correct spelling,
numbering, and other technical defects. Prior to approval, any board member may request the
privilege of amending or correcting the Minutes to accurately reflect the substance of the prior
meeting. If objection is made by any board member to such amendment or correction, a majority
vote of the board shall be necessary for adoption of the correction or amendment. The minutes shall
be forwarded to the City Clerk’s office for posting within three months of the meeting.
B. Executive Session Minutes: Executive session minutes shall be taken and prepared by the board
secretary. The board shall approve the minutes of an executive session in open meeting; provided,
however that any discussion concerning the contents of the minutes, prior to approval, shall be
conducted in executive session. The staff liaison or board secretary will distribute the draft executive
session minutes to the members in a manner that ensures and retains confidentiality. The board shall
follow the provision 2.02.130, BMC related to dissemination of executive session minutes.
C. Televising, broadcasting or audio recording of meetings: At the discretion of the board and City
Clerk’s office, meetings may be televised, broadcast or an audio recording made. If recorded, audio
recordings shall be made available to the public unless required to be kept confidential by law.
Section 12 ‐ Committees
A. The Board by a duly noticed meeting and vote, may establish standing, temporary, and joint
committees.
B. Temporary subcommittees expire at the second meeting of the board each year unless renewed
by a majority vote of the board. Any temporary subcommittees in existence on the date of the
approval of these by laws shall be deemed renewed for this year.
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C. Joint committees may be established by agreement with other boards, or by City Commission
resolution or ordinance, and a member of this Board, or of a committee of this Board, as appointed
by the Chair, shall serve on each joint committee and tasks force with other city and private boards
and/or as required by the City Commission, and shall report regularly back to the Board the activities
and recommendations of said joint committees. Appointments in effect on the date of the acceptance
of these By Laws are shall be at the second meeting of the year, or as required, and current terms
shall continue until then (or until reappointed, if later).
D. Membership on any committee shall be by volunteers. Each board member [shall/may] serve on
at least on standing or temporary committee.
E. The Chairman shall be an ex officio member of all standing and temporary committees.
F. No member of this Board may act on its behalf without the prior approval of the Board in a duly
noticed meeting.
E. The Subdivision Review Committee (the only current standing committee) shall present its
findings and recommendations to the Board on the first meeting of this Board after the meeting of
said committee. However, since it may be necessary for the Subdivision Review Committee to
present its findings and recommendations to the City Commission or other agencies before this
Board’s monthly meeting, the Subdivision Review Committee may do so provided that said findings
and recommendations contain the annotation “These findings and recommendations have not been
reviewed by the full Recreation & Parks Advisory Board.”
Section 13 ‐ Attendance at Meetings/Removal by City Commission/Terms
All board members are expected to contribute the time necessary to fulfill their fiduciary
obligations to the board. All board members are required if they are to be absent from a meeting to
contact the presiding officer and the staff liaison prior to the meeting. If prior contact is made, the
absence will be determined excused. If the board member fails to contact the presiding officer or staff
liaison prior to the meeting, the absence will be considered unexcused. The City Commission will be
notified by the staff liaison of any board member with three or more unexcused absences in any
calendar year. The board, via motion and vote, may forward to the City Commission the name of any
board member having three or more excused absences, or a combination of excused and unexcused
absences. As provided by law, the City Commission may remove a board member for excessive
absences. A board members term may be extended for up to 30 days after term expiration on a case
by case basis by the Deputy City Clerk if the board member has reapplied for a subsequent term but
the application process has not yet been heard by the City Commission.
Section 14 ‐ Compliance with the City Code of Ethics
All board members are required to follow State ethics laws regarding appointed officials and
the city of Bozeman Code of Ethics. New board members will receive the City of Bozeman ethics
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handbook and must sign a form acknowledging receipt of the handbook, take an oath they will uphold
the state and city ethics codes. Board members are also required to take an initial ethics training
within two months after appointment. Each year board members are required to attend city
sponsored ethics. Non‐compliance with the City Code of Ethics and training requirements may result
in removal of a board member. See the City Code of Ethics for more details.
Section 15 ‐ Compliance with the City Purchasing Policy
All boards are subject to the City purchasing policy (Administrative Order 2009‐06), as
revised, unless specified by law. City staff liaisons shall handle financial transactions unless specific
arrangements have been made in writing through the City controller.
Section 16 ‐ Compliance with State Records Retention Policy
All City boards are subject to the State of Montana records retention policy.
A. The City Clerk will handle retention of all agendas, minutes and board resolutions once they have
been forwarded to the clerk’s office.
B. E‐mails, websites and social networking sites are subject to adopted records retention schedules.
For social media and websites please refer to the current Information Technology Social Media Use
Policy for further guidelines.
Section 17 ‐ Amendments
This Board shall have the power to amend the Bylaws of the Recreation & Parks Advisory
Board by majority vote at a duly noticed meeting.
Section 24 ‐ Approval Date
These by laws were approved by the Recreation and Parks Advisory Board through a
unanimous vote on June 11, 2015. The City Commission approved these by laws on November 9,
2015.
_________________________________________
Board Chairperson
__________________________________________
Jeffrey K. Krauss
Mayor
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LINKED MINUTES OF THE MEETING OF THE
RECREATION AND PARKS ADVISORY BOARD
June 11, 2015
7:00 PM
LINDLEY CENTER ‐ 1102 E. Curtiss St.
BOARD MEMBERS PRESENT:
Bob Wade, Chair Stephanie Gray
Sandy Dodge David Cook
Richard Shanahan Brian Close
Carson Taylor, Commission Liaison Matt Hausauer
Absent:
Salal Huber‐McGee Beth Thorsen
Monica Rodriguez Marlo Kapsa
Matthew Parsons, Vice Chair (excused)
Steve Roderick Mandy Patriarche
CITY STAFF PRESENT:
Mitch Overton, Parks & Recreation Director
Thom White, Parks & Cemetery Superintendent
Britney Mortenson, Recording Secretary
GUEST PRESENTERS:
COPIES OF THE RECORDING ARE AVAILABLE UPON REQUEST
– Chairman Wade called the meeting to order at 7:05pm and adjourned at 8:57pm.
‐ Item #1 – Approve May 14, 2015 meeting minutes:
Motion: Boardmember Close motioned to table the minutes until the July meeting so edits
could be made.
Boardmember Dodge seconded the motion.
The motion passed unanimously.
– Item #2 – Announcements:
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Linked Minutes of the Recreation and Park Advisory Board Meeting, June 11, 2015
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Chairman Wade hopes everyone took the City ethics training
o it is a requirement for being a board member
– Item #3 – By Laws Report/Update: Brian Close
City has created a template, Boardmember Close made some changes that could be adopted, such
as general procedure, dealing with the public, etc.
board needs to be careful with chain emails, and nearly having discussion and commentary via
email
Changes to the initial draft from Boardmember Close
o he discussed the specifics of the committees under the board
o Boardmember Huber‐McGee had wanted the by‐laws to state that board members "must"
be on a committee in addition to the board
‐Boardmember Dodge would like the word "encourage" used instead of "must", and the by‐
laws language should reflect that opinion
‐Boardmember Close suggests removing it entirely, the board members present agree
Boardmember Cook: he thinks Brian did a great job
o Boardmember Cook motions to approve, Boardmember Dodge seconds the motion, all in
favor, motion passes
‐ Item #4 ‐ Adopt a Park: Chairman Wade
Bozeman High School's Freshman Strategic Class and the Bozeman Youth Initiative are getting
involved with Adopt a Park
– Item #5 – TOP Report: Sandy Dodge
East Gallatin Recreation Area application passed through the matrices by a narrow margin
o the developer bought the land before the TOP process could purchase, but it may still be an
option to buy later
Front Street trail expansion
o won approval by committee, will be recommended to present to the Commission
o Boardmember Cook: why doesn't the City provide money for some of these trail
connections?
‐Carson Taylor: should be seen as a transportation issue, not out of the general fund
o Director Overton: idea of parks as infrastructure is growing, trails are transportation
infrastructure
Story Mill Progress
o took a tour with Maddie Pope
o a lot of dirt has been moved, half a mile of wetlands have been restored along the Gallatin
Rive
– Item #6 – Story Mill RFQ Report: Stephanie Gray
"Request for Qualifications": procedure to hire a firm for Story Mill Park
o 8‐9 firms have inquired, to see if they're capable to this type and size of a project
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Linked Minutes of the Recreation and Park Advisory Board Meeting, June 11, 2015
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– Item #7 – Director's Report: Mitch Overton
new City Works asset management program being developed / built for parks and cemetery
Oak Springs Park is coming along
o Boardmember Cook: this is a perfect opportunity to use Cash‐in‐Lieu funds
last Monday had the first step at Commission for the department budget
next Monday, presenting to the Commission on advisory board, some boards may be up for
elimination discussion or merging, and the affordable housing discussion is happening
o SWMBIA is asking to eliminate the parkland dedication requirement for affordable housing
projects
– Item #8 – City Commissioner Perspective: Carson Taylor
Affordable Housing
o incentives the City is offering for building include parkland dedication requirements
potentially being lifted
o developers benefit from this, builders do not
o Carson would like to see the numbers on this, likely would not be a popular decision
Advisory Boards
o Carson values the citizen involvement of all the boards
– Item #9 – FYI
Boardmember Cook: he would like the board to write a letter to GVLT / Gary Vodenhal, to thank
him for his years of service to the community and his work with the Recreation & Parks board
– Item #10 – Adjournment
Adjourned at 8:57pm.
______________________________
Bob Wade, Chairperson
ATTEST:
_____________________________________
Britney Mortenson, Recording Secretary
PREPARED BY:
_____________________________________
Britney Mortenson, Recording Secretary
Approved on __________________________.
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