TDC Minutes 05/24/2010 R
May 24,2010
MINUTES OF THE COLLIER COUNTY TOURIST
DEVELOPMENT COUNCIL MEETING
Naples, Florida, May 24,2010
LET IT BE REMEMBERED, that the Collier County Tourist Development
Council in and for the County of Collier, having conducted business herein,
met on this date at 9:00 AM in a REGULAR SESSION in Building "F" of
the Government Complex, Naples, Florida with the Following members
present:
Chairman: Commissioner Fred Coyle
Vice Chairman: Murray H. Hendel
Susan Becker
Clark Hill
Rick Medwedeff
Robert Miller (Excused)
Ed (Ski) Olesky
John Sorey, III
Jerry Gibson
ALSO PRESENT: Jack Wert, Tourism Director
Gary McAlpin, Coastal Zone Management Director
Colleen Greene, Assistant County Attorney
Kelly Green, Tourist Tax Coordinator
;:J. "T" r'c.1...-K ~l1u...-t:uune rranulJu r" ULlU3GI
6. * FY 11 Prooosed Tourism Deoartment Budaet
7. * FY 11 TDC Cateaory "C-2" Non County Owned Museum Grant Reauests
8. * FY 11 TDC Cateaory "B" Marketina Grant Reauests
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MEETING AGENDA & NOTICE
COllIER COUNTY TOURIST DEVELOPMENT COUNCIL
Collier County Government Center, Administration Bldg. F, 3rd Floor, 3301
East Tamiami Trail, Naples, Florida 34112
MAY 24, 20109:00 a.m.
Collier County Commission Chambers
* Requires TDC Action
I. Call to Order - Chairman Coyle
II. Pledge of Allegiance
III. Roll Call
IV. Changes and Approval of Agenda
V. Approval of TDC Minutes *
1. * Reaular Meetina March 15, 2010
2. * Special Meetina May 3, 2010
VI. New Business
1. * FY 09-10 TDC Cateaory "A" Grant Applications
2. * FY 10-11 TDC Cateaory "A" Grant Applications
3. * Wiggins Pass Inlet Manaaement Plan
4. * North County Passes Work Order
5. * Park Shore Dune Plantina Proposal
6. * FY 11 Proposed Tourism Department Budaet
7. * FY 11 TDC Category "C-2" Non County Owned Museum Grant Reauests
8. * FY 11 TDC Cateaory "B" Marketina Grant Requests
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9. * Alan Maltz Photoaraohv Proiect
VII. Old Business
1. * Return to Monthlv TDC MeetinQs
2. * ROI Reoort Review
VIII. Staff Report Presentations
1. Section I - MarketinQ Partners
a. Tax Collections - Jack Wert
b. Paradise Advertising
c. Klages Research Report
d. Website Activity - Jack Wert
e. Search Engine Optimization - Jack Wert
f. Fulfillment & Inquiry Summary - Jack Wert
2. Section II - Staff Deoartment Reoorts (Jack Wert)
a. Director's Report
b. Sales Manager Report
c. P.R. Manager Report
d. Film Coordinator Report
e. Sports Marketing Report
f. International Representatives
IX. Detailed Staff Reoorts
X. Announcements
XI. Audience Input & Discussion
XII. Council Discussion
XIII. Next Scheduled Meeting Date/Location - July 26, 2010 - 9:00 a.m.
Collier County Government Center, Administration Bldg. F, 3rd Floor,
3301 East Tamiami Trail, Naples, Florida 34112
XIV. Adjournment
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All interested parties are invited to attend, and to register to speak and to
submit their objections, if any, in writing, to the board prior to the meeting
if applicable.
For more information, please contact Jack Wert at (239) 252-2402.
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost to you,
to the provision of certain assistance. Please contact the Collier County
Facilities Management Department located at 3301 East Tamiami Trail,
Naples, FL 34112, (239) 252-8380.
Public comments will be limited to 5 minutes unless the Chairman grants
permission for additional time.
Collier County Ordinance No. 99-22 requires that all lobbyists shall, before
engaging in any lobbying activities (including, but not limited to,
addressing the Board of County Commissioners) before the Board of
County Commissioners and its advisory boards, register with the Clerk to
the Board at the Board Minutes and Records Department.
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May 24, 2010
I. Call to Order - Chairman Coyle
Chairman Coyle called the meeting to order at 9:00 AM
II. Pledge of Allegiance
Pledge of Allegiance was recited.
III. Roll Call
A quorum was established.
Jack Wert, Tourism Director noted Intern Zachary McGraw and Information
Center Specialist Nancy Kerns were in attendance.
IV. Changes and Approval of Agenda
Jack Wert noted the following:
. Item VIII.] C - Submittal of Smith Travel Report
. Item VIII.1C. - Submittal of additional ROl Slides
. Item VI.l - Updated Grant Application Information
Mr. Sorey moved to approve the Agenda. Second by Mr. Olesky. Carried
unanimously 8-0.
V. Approval ofTDC Minutes
1. Regular Meeting March 15,2010
2. Special Meeting May 3, 2010
Ms. Becker moved to approve the minutes of the March 15, 2010 and the May 3,
2010 meetings subject to the following changes:
May 3.2010
· Page] - line #3 from "met on this date at 9:00 am ... to "met on this date at
10:30 am."
· Page 2 - Call to Order - from "Chairman Coyle called the meeting to order at
9:00 am to Chairman Coyle called the meeting to order at 10:30 am"
· Page 5, Recommendations #4, line #3 from "Carried unanimously 8-0." to
"Carried unanimously 7-0."
· Page 5, paragraph 4, line #1 from "continue to purse..." to "continue to
pursue.. ."
Second by Mr. Hendel. Carried unanimously 8-0.
VI. New Business
1. FY 09-10 TDC Category "A" Grant Applications
Gary McAlpin, Director Coastal Zone Management presented the Executive
Summary "Share TDC Category "A" Grant Applications not budgeted in FY
09/10" dated May 24,2010. He noted:
· The document updates the Grant Applications for the Fiscal Year
including the Emergency Truck Haul project for the area South of
Doctors Pass and Park Shore Beach approved by the BCe.
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May 24,2010
· The Emergency Truck Haul application will be revised from $375,000 to
$l.5M as approved by the BCe.
. There are credits from the previous year for Unencumbered Biological
Monitoring Funds and Unencumbered Hideaway Beach Funds of
$575,000, making the total amount requested for approval of$l, 110,000.
Gary McAlpin provided the following information under Council discussions:
· Tourist benefits attributed the Wiggins Pass expenditure, when the sand is
dredged; it is utilized for beach re-nourishment.
· At the May 3,2010 meeting $l.lM dollars were approved by the TDC to
re-nourish the area south of Doctors Pass, and waiting on re-nourishing
the Park Shore area.
· The BCC approved an expenditure of$I.5M to complete the re-
nourishment of both areas at once.
· The permanent solution for the stabilization of the Doctors Pass area (and
the remaining "beach erosion hot spots" within the County) will be
completed during the engineering phase of the next major beach re-
nourishment.
· The sand source for the emergency beach re-nourishment project will be
hauled in from an area approved north of Orlando.
· Staff is pursuing a sand source in closer proximity to Collier County.
Discussion occurred whether the Wiggins Pass item should be removed from the
requests and addressed under itemV1.3. This is the item where the details of the
Grant application are provided by Staff.
Mr. Sorey moved to approve the Grant requests with the exception of Wiggins
Pass which will be discussed under item VI. 3. Second by Chairman Coyle.
Motion carried 6 'yes - 2 "no." Mr. Hill and Mr. Medwedeffvoted "no. "
2. FY 10-11 TDC Category "An Grant Applications
Gary McAlpin presented the Executive Summary "Share TDC Category "A"
Grant Applications from the City of Naples, the City of Marco Is/and and Collier
County for FY-10111 dated May 24,2010. He noted:
· The Sea Turtle Program is a necessary expenditure as it is required under
the beach re-nourishment permits issued by FDEP.
Mr. Sorey moved to approve the Grant Applications. Second by Mr. Sorey.
Motion carried 7 'Yes" -1 "no." Mr. MedwedefJvoted "no."
3. Wiggins Pass Inlet Management Plan
Gary McAlpin presented the Executive Summary "Recommendation to approve
a Work Order under Contract 06-3902 for additional tasks for the Wiggins Pass
project for time and material not to exceed $125,178 and any necessary budget
amendments" dated May 24, 2010. He noted:
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May 24,2010
· FDEP is requiring an updated Inlet Management Plan before issuance of
the permit to make improvements to the Pass.
. The Wiggins Pass Subcommittee (of the Coastal Advisory Committee) is
developing a long term solution to stabilization of the Pass and
lengthening of the dredge cycle.
Mr. Sorey moved to approve the Grant Requests. Second by Chairman Coyle.
Carried unanimously 8-0.
4. North County Passes Work Order
Gary McAlpin presented the Executive Summary "Recommendation to approval
Work Order under Contract 09-5262 with Coastal Planning & Engineeringfor
North County Passes Survey and Engineering Reportfor time and material not to
exceed $79,935. This is the unfinished work under the BVO contract for Physical
Monitoring and a contracting method change in an attempt to satisfY the Clerk's
concerns for the County's contracting method" dated May 24, 2010. He noted:
· The item is to address the Clerk of Courts concerns over the Best Value
Offer Program (BYO).
· The County Clerk determined the invoices under the BVO Program
would not be paid as it is an "incorrect" contracting method.
· Some consultants have completed services under the BYO contracts and
are awaiting payment.
· Existing contracts have been revised to the previous contract methods to
allow payment to the consultants in question.
· The item is for a new contract to complete work as outlined.
Chairman Coyle noted the County developed the BVO process to provide an
avenue to negotiate competitive contractor pricing with consultants and save
taxpayer funds. The County Clerk has questioned if the BVO process meets
requirements for county funding of contracts.
Mr. Sorey moved to recommend approval of the Work Order. Second by Mr.
Olesky. Carried unanimously 8-0.
5. Park Shore Dune Planting Proposal
Gary McAlpin presented the Executive Summary "Recommendation to approval
of the installation and planting of native vegetation in the Common Areas within
Collier County by Earth Balancefor time and material not to exceed $8,060" dated
May 24,2010.
Mr. Sorey moved to recommend approval of the expenditure. Second by Mr.
Hill. Carried unanimously 8-0.
6. FY 11 Proposed Tourism Department Budget
Jack Wert, Tourism Director presented the Executive Summary
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May 24,2010
"Recommend Approval of Tourism Department Budgetfor FY 11" dated May 24,2010.
He noted:
· rfthe budget is approved by the Council, it will be forwarded to the BCC
budget workshops.
· $lM of beach re-nourishment reserves utilized last Fiscal Year for
advertising have not been considered in the budget.
· Expenditures of additional emergency TDC reserves for advertising
utilized last Fiscal Year have not been considered in the budget.
· The budget provides for a 20 percent decrease due to the non
consideration of the above funds.
Mr. Medwedeffmoved to recommend approval of the budget. Second by Mr.
Olesky.
Chairman Coyle noted the detailed spreadsheet for Fund 198 was not provided
with the package (Collier County Owned Museums).
Jack Wert noted the allocation is via a County Ordinance (Category C-1) and is
$1.5M.
Motion carried unanimously 8-0.
7. FY 11 TDC Category "C-2" Non County Owned Museum Grant Requests
Jack Wert, Tourism Director presented the Executive Summary "Tourist Tax
Category C-2 Grant Application Review and Recommendationfor FY 11 totaling
$277,500 dated May 24,2010. He noted:
· The allocations proposed this year have been reduced from the previous
year from $571,000 to $300,000.
· $800,000 of Grant Requests were filed with Staff.
· A TDC Grant Review Subcommittee reviewed the requests and provided
recommendations as shown in the Executive Summary.
· TDC recommendations provided today will be forwarded to the BCC for
approval.
Sneakers
Steve Mcintire, Collier County Hotel and Lodging Assoc. noted he was on the
Subcommittee charged with reviewing the Grant Applications and attempts were
made to allocate the funds based on the best return on investments.
Jerry Sanford, Chairman, Freedom Memorial Park thanked the Council for
their past support and is requesting funds ($87,564) which would be utilized to
continue construction of the Memorial. Approximately $IM ofremaining funds
are required to complete the project.
Craig Woodward, President, Marco Island Historical Society noted the
request ($150,000) is for exhibits in the Calusa Room. The Staff Report states the
funding should be denied as the request is not compliant with the funding policy
as it is a County owned Museum. Although the Museum is envisioned to be a
County owned facility, it has not been turned over to the County.
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May 24, 2010
Myra Williams, Director of Development, Children's Museum of Naples
noted the Museum will be a year round tourist destination. The funds requested
($150,000) are critical to continue the efforts previously funded by the Council.
The operation will attract people from outside the County with an estimated
economic impact of$5.4M. Tom Galisano has provided a Grant which requires
matching funds by the Museum for capital improvements; the Grant Request is
for advertising.
Danielle Broderick, Children's Museum of Naples thanked the Council for
their previous support and noted the funds will be utilized for advertising
campaigns outside of Collier County.
Robin Demattia, Director of Marketing and Development for Friends of
Rookery Bay noted the Rookery Bay facility and related area attracts 15,000 ~
20,000 attendees per year with 75 percent being from out of the County. The
fund request ($50,000) is intended to be utilized for marketing efforts to attract
out of County attendees.
Joel Kessler, Naples Art Association noted the funds requested ($75,000) would
be utilized for promoting out of County attendance. Many attendees, as well as
artists are from out of town and occupy hotel rooms during their visitation.
Jill Barry, Naples Botanical Garden noted the funds request is for out of market
advertising.
The Council heard public speakers for item VI8 at this time.
Elaine Hamilton, United Arts Council noted the funds requested ($24,000) are
utilized for compiling a calendar of the Arts and Cultural Community. The
program includes an electronic calendar.
Discussion occurred on whether the request should be a line item in the budget as
Staff utilizes the calendar of events for their use. It could be contracted through
purchasing and not a Grant application.
Mr. Medwedeffmovedfor the expenditures in the area of the electronic
calendar be a contract service for the Tourist Development Council budget.
Second by Mr. Hendel.
Chairman Coyle noted the motion is not appropriate at this time, as the speakers
had not completed their comments.
Tim Rowe, Naples International Film Festival the funds requested ($50,000)
would be utilized to promote the Second Annual Naples International Film
Festival which attracts many attendees from outside the County.
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May 24,2010
Mr. Sorey requested clarification from the County Attorney on the differences
between the status of Friends of Rookery Bay and Friends of the Marco Museum.
Colleen Greene noted they should be treated the same, however the Friends of
Rookery Bay's request is for promotional events while the Marco Island
Historical Society request is for capital improvements. For funding approval, the
Council would need to make a finding that the entity supports and promotes its
location and tourism in general.
Mr. Medwedeff reviewed the eligible amount of funding per the "weighted
amounts" (based on years of requests) requirements in the Grant Guidelines:
. Childrcn Museum of Naples $90,000.
. Friends of Rookery Bay $40,000.
. Naples Art Association $30,000.
. Holocaust Museum of Southwest Florida $40,000.
The Freedom Memorial Park request should be considered for C-1 funding, as it
does not meet the requirements for Category C-2 promotional Grants (it is County
facility requesting funding for a capital expenditure.) The Marco Island
Historical Society is not currently a County owned Museum and should be
considered in the C-l Category as well.
Mr. Wert noted the Naples Botanical Garden has filed its 7'h or 8th annual
request. Beyond 4 years, there are no "weighting guidelines;" it is ultimately at
the discretion of the BCC.
Break-JO:41 am
Reconvened - 10: 51 am
Chairman Coyle noted speakers were heard for both Category B (item VI.8 and
C-2 Grant requests (item VI. 7) and Category C-2 will be taken up first.
Mr. Sorey moved to recommend the following funding:
. Children Museum of Naples $100,000.
. Friends of Rookery Bay $50,000.
. Naples Art Association $42,500.
. Naples Botanical Garden $80,000.
. Holocaust Museum of Southwest Florida $27,500.
Second by Ms. Becker.
Discussion occurred on whether all the requests in the motion meet the Grant
Funding Guidelines noting the Naples Art Museum and Botanical Gardens may
be ineligible for financing due to the re-occurring years ofrequests (more than 4
continuous years).
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May 24,2010
Jack Wert clarified beyond 4-years of requests; the funding amounts for approval
are at the discretion of the TDC and BCC "up to 50 percent."
Discussion occurred on whether the guidelines should be adhered to and fulfill the
purposes envisioned by the Council; or if the guidelines should be amended in the
future. In addition, should the guidelines be discarded for this meeting and
address their requiremcnts at a future meeting.
Motion failed 4 'yes" - 4 "no." Mr. Hendel, Mr. Olesky, Mr. Gibson and Mr.
MedwedefJvoted "no."
Mr. Medwedeff moved to recommend the following funding:
. Children Museum of Naples $90,000.
. Friends of Rookery Bay $40,000.
. Naples Art Association $30,000.
. Naples Botanical Garden $50,000.
. Holocaust Museum of South west Florida $40,000.
Second by Mr. Hendel.
Discussion occurred noting the motion is in accordance with the Grant Funding
Guidelines and would leave approximately $50,000 in Reserves.
Ms. Becker noted all the applicants are worthy organizations; however the
decision needs to be based on positive Returns on Investments. She expressed
concern that the Holocaust Museum of Southwest Florida proposal indicates no
hotel partnerships and primarily targets attendees within a 4-hour drive.
Mr. Sorey noted he could not support the motion due to leaving $50,000 in
Reserves.
Mr. Olesky suggested the reserve be allocated to the Marco Island Museum.
Chairman Coyle noted the Museum does not meet the Grant Funding Guidelines
for Category C-2.
Mr. Gibson recommended the $50,000 be allocated to Marco Island Museum,
and if they do not become a County owned facility, the money be returned.
Mr. Medwedeff amended the motion to recommend the following funding:
. Children Museum of Naples $90,000.
. Friends of Rookery Bay $50,000.
. Naples Art Association $37,500.
. Naples Botanical Garden $75,000.
. Holocaust Museum of South west Florida $32,500.
Second by Mr. Hendel.
It was noted the motion does meet the Grant Funding Guidelines for the Friends
of Rookery Bay.
This would leave approximately $15,000 in Reserves.
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May 24,2010
Mr. Medwedeff amended the motion to recommend the following funding:
. Children Museum of Naples $100,000.
. Friends of Rookery Bay $50,000.
. Naples Art Association $37,500.
. Naples Botanical Garden $75,000.
· Holocaust Museum of Southwest Florida $32,500.
Second by Mr. Hendel.
It was noted the motion does meet the Grant Funding Guidelines for the Friends
of Rookery Bay.
This would leave approximately $5,000 in reserves.
Motion carried 5 'yes" - 3 "no." Chairman Coyle, Mr. Gibson, and Mr. Olesky
voted "no. "
Chairman Coyle requested Staff to place an item on a future agenda for
discussion on the Grant Funding Guideline requirements.
8. FY 11 TDC Category "B" Marketing Grant Requests
Jack Wert presented the Executive Summary "Tourist Tax Category B Grant
Application Review and Recommendation for FY 11 totaling $50,000" dated May
24,2010 noting there is $50,000 available for Grant Funding.
Ms. Becker moved to request Staff to re-direct the United Arts Council's Grant
Request to an annual contract item, not afulldillg by a Grant. Second by Mr.
Medwedeff. Carried unanimously 8-0.
Ms. Becker expressed concern on the Grant Review Committee recommending
non-funding the Naples Cultural Landscape event as it is a first time event and the
reason for denial was based on the available time for promoting the event. She
noted other events (Corrigan Sports and Naples International Film Festival) fall in
the same time line and have been recommended funding.
Mr. Wert noted the Naples Cultural Landscape request was for design of a
website and the Review Committee felt it would not be effective given the timing
of its "launch."
Mr. Hill moved to recommend the Grant Funding as proposed by the Grant
Review Committee (Art Naples World Festival, Inc. $15,000, Naples
International Film Festival- $20,000, Corrigan Sports Enterprises, IlIc. -
$5,000 - United Arts Council $10,000) Second by Mr. Olesky. Carried
unanimously 8-0.
Mr. Sorey noted the $10,000 will be moved from this Category to the funding for
the United Arts Council request reflected in Ms. Becker's previous motion.
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May 24,2010
9. Alan Maltz Photography Project
Jack Wert presented the Executive Summary "Review and recommend the
fundingfor a unique photography project with Alan Maltz at a cost of$20,000
per year for three years for a total of $60, 000 .. dated May 24,2010.
Mr. Hendel moved to recommend approval of the expenditure. Second by Ms.
Becker. Carried unanimously 8-0.
Mr. Olesky left the meeting at 11:41 AM
VII. Old Business
1. Return to Monthly TDC Meetings
Jack Wert presented the Executive Summary "Change in Frequency of Tourist
Development Council (TDC) Meetings" dated May 24, 2010. He noted if there is
no business necessary for a particular month, he will discuss with the Chairman
the possibility of canceling the meeting.
Ms. Becker expressed concern the Council previously adopted a schedule and to
change it "midstream" for the year creates planning conflicts for members.
Mr. Sorey moved for the Council to return to monthly meetings in accordance
with the schedule submitted by Staff. Second by Mr. Medwedeff. Motion
carried 6 'yes - 1 "no." Ms. Becker voted "no."
2. ROI Report Review
Jack Wert presented the Executive Summary "Recommendation that the Board of
County Commissioners reviews the Return on Investment (R01) report on the
enhanced tourism marketing program in the 1" Quarter 2010 using fimds transferred
from Catastrophe and Major Beach Renourishment Reserves" dated May 24, 2010.
Cedar Hames, Paradise Advertising provided an overview of the Report
highlighting:
. Area visitation increased by 5% over the previous year.
. An increase of $7M in hotel room revenue over the previous year.
. Highest daily rate up in all areas, while the competitive markets were not.
. 35,000 persons directly responded to markcting creating $65M in direct
sales expenditures.
. Sales tax collection up 6.4%.
Chairman Sorey requested clarification on how it was determined the additional
funding dedicated to marketing was responsible for the increases outlined.
Dr. Klages, Research Data Services, Inc. stated the figures were developed utilizing
a method of conversion of inquiries to visitation. The figures are based on results
through April and will continue to show results into the future.
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May 24, 201 0
Chairman Sorey noted $225,000 would be re-allocated to Beach Maintenance
Funding, while it contributed $lM to the campaign.
Mr. Medwedeff noted other competitive sets showed declines in visitation and
revenue during the same period. The canlpaign should continue to provide increased
benefits into the future.
Mr. Hendel questioned if a recommendation could be made at this time to the Board
of County Commissioners on continuing the campaign next year and re-directing an
additional $1 M in Beach Reserves to Marketing.
Dr. Klages noted the campaign shows a return of approximately $20M of economic
benefit for the $958,593 expended for thc advertising campaign. He recommended
the campaign be continued.
Chairman Sorey noted the results of the campaign are positive, but expressed
concern on re-directing beach funds. If the County does not receive additional
funding from Federal sources (FEMA, etc.) it will not have the necessary resources to
complete the major beach re-nourishment project scheduled for 2013.
Gary McAlpin noted FEMA funds are depleted at this time and Staff is waiting to
see if any funds will be made available to the County.
Mr. Wert noted Staffs recommendation is to defer the request for any redirection of
funding for the next fiscal year until later this year. Then the County should have
more clear indications on the availability of FEMA funding, etc.
VIII. Staff Report Presentations
Submitted with meeting packet for Council review.
1. Section I - Marketing Partners
a. Tax Collections - Jack Wert
b. Paradise Advertising
c. Klages Research Report
d. Website Activity - Jack Wert
e. Search Engine Optimization - Jack Wert
f. Fulfillment & Inquiry Summary - Jack Wert
2. Section 11- Staff Department Reports
Submitted with meeting packet for member review.
a. Director Report
b. Sales Manager Report
c. P.R. Manager Report
c. Film Coordinator Report
d. Sports Marketing Report
e. International Representatives
IX. Detailed Staff Reports
Submitted
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May 24, 2010
X. Announcements
None
XI. Audience Input & Discussion
None
XII. Council Discussion
Jack Wert noted the Council member tour proposed for the Children's Museum of
Naples has not been scheduled due to Sunshine Law issues (required minute taking of
a Council Tour, etc.). Individual tours are available and he will email the tour
schedule to members.
XIII. Next Scheduled Meeting Date/Location - June 28, 2010 - 9:00 a.m. Collier
County Government Center, Administration Bldg. F, 3'd Floor, 3301 East
Tamiami Trail, Naples, Florida 34112
*****
There being no further business for the good of the County, the meeting was
adjourned by order of the Chair at 12:07 P.M.
COLLIER COUNTY TOURIST
DEVELOPMENT COUNCIL
Commissioner Fred Coyle, Chairman
These minutes approved by the Board/Committee on
as presented or as amended
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