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HomeMy WebLinkAbout1999 EOCC MinutesL WY `( CLERK MINUTES ELECTED OFFICERS COMPENSATION COMMISSION WEDNESDAY, FEBRUARY 3, 1999 - 6:00 P.M. Lansing City Hall - Tenth Floor Conference Room 124 W. Michigan Avenue - Lansing, Michigan CALL TO ORDER: The Commission meeting was convened at approximately 6:10 p.m. There was a lack of a quorum at that time. General roundtable discussion occurred until the arrival of Commissioner Hogan. Quorum of the Commission - 6:25 p.m. ROLL CALL: Commissioners: Roberta Albert Elliot Glicksman Frederick Hogan Margie McNutt EXCUSED ABSENCES: Commissioners: Aaron Jenkins Louanne Service Robert Barnhart GUESTS AND STAeF: Francesca Knot, Recording Secretary Robert Swanson, Finance Director John M. Roberts, Assistant City Attorney APPROVAL OF MINUTES: There were no minutes for consideration as this is the first meeting of the Commission. ELECTION OF OFFICERS FOR 1999 SESSION: COMMISSIONER MCNUTT NOMINATED COMMISSIONER HOGAN TO SERVE AS CHAIRPERSON. ROBERTA ALBERT NOMINATED ELLIOT GLICKSMAN TO SERVE AS CHAIRPERSON. COMMISSIONER GLICKSMAN DECLINED THE NOMINATION. COMMISSIONER ALBERT NOMINATED COMMISSIONER GLICKSMAN TO SERVE AS VICE -CHAIRPERSON. THE NOMINATIONS WERE CLOSED. VOTE ON THE MOTION UNANIMOUS. SCHEDULING OF REGULAR MEETING DATE: It was the consensus of the Commission that the commission meetings be scheduled to convene weekly on Wednesday, at 6:00 p.m., through the week of March 15. The deadline to submit the Commission recommendations to the Council is March 20, 1999. REPORTS RECEIVED: Comparison Analysis/Michigan Municipal League. Information regarding Financial Condition of the City. FINANCIAL CONDITION OF THE CITY: Finance Director Swanson made a presentation to the Commission regarding the financial condition of the City. Visuals and written documents were used. An historical overview was also provided. Printed on Recycled Paper A 1% growth in revenues is expected this fiscal year. The City's finances are in excellent shape, but the revenues are not strong. Commissioner Albert posed a question relative to whether the lawsuits that have been filed and/or judgments against the City will negatively affect the City's finances. Mr. Swanson indicated that the Swans case is the largest judgment against the City of Lansing in the amount of $15.6 Million. The City's insurance limitations are $10 Million. Therefore, the City is at risk for approximately $5.6 Million in this case. This case is currently in the appeal process with the Sixth Circuit Court. There is the potential that the parties involved in this lawsuit could settle for an amount less than the $15.6 Million. Currently, per Mr. Swanson, there are sufficient funds in the City's stabilization fund and in the Fund Balance to cover the worse case scenario. There are also sufficient reserves to address this matter. The Stormwater fee is the second case that could affect the City's financial condition. The Supreme Court ruled that the City's Stormwater Fee is a tax under the Headlee Amendment and that it requires a vote of the people. All refunds for 1998 have been made to the citizens per this judgment. The City Attorney is seeking permission from the Courts for a re -hearing on this matter specifically in terms of whether the refunds will have to be made retroactively for the previous years. $15 Million is the potential risk to the City and the City would have to secure a Judgment Bond if the Courts determine that refunds must be made retroactively. Chairperson Hogan asked Mr. Swanson to provide the Commissioners with the salary/compensation of each City Department Manager. Commissioners Requests for follow up: Salaries of Department Managers/Department Heads. Historical Information regarding Councilmember Account Expenditures. Opinion from the City Attorney regarding bonuses. The Elected Officials will be invited to attend the next meeting for a short interview. OLD BUSINESS: There were no old business matters to discuss. Printed on Recycled Paper NEW BUSINESS: There were no new business matters to discuss. COMMISSIONER COMMENTS: Commissioner Albert advised the Commissioners that Councilmember Adado is her First Cousin. The City Attorney has ruled that this is not a conflict as the Administrative Rules state that if he was a member of her "immediate" family that would constitute a conflict. Commissioner Albert wanted this noted as part of the record. ITEMS UNDER THE SUSPENSION OF THE RULES: There were no items under suspension of the rules. PUBLIC COMMENT: Members of the Public were not in attendance. ADJOURNMENT: By a proper motion and support, the meeting adjourned at 7:36 p.m. Prepared by Francesca E. Knot Recording Secretary for the EOCC Signed: Fred Hogan, Commission Chair The minutes were approved on J,- � 1 0 i V Printed on Recycled Paper 4i 1 J�'s 7 C,'f Y CLERK MINUTES CITY OF LANSING ELECTED OFFICERS COMPENSATION COMMISSION WEDNESDAY, FEBRUARY 10, 1999 - 6:00 P.M. Lansing City Hall - Tenth Floor Conference Room 124 W. Michigan Avenue - Lansing, Michigan CALL TO ORDER: Vice -Chair Glicksman called the meeting to order, in the absence of Chairperson Hogan, at 6:30 p.m. ROLL CALL: Commissioner Elliot Glicksman, Vice -Chair Commissioner Roberta Albert Commissioner Robert Barnhart Commissioner Elliot Glicksman Commissioner Aaron Jenkins Absent: Commissioner Fred Hogan, Chair Absent/Excused: Commissioner Margie McNutt Commissioner Louanne Service GUESTS AND STAFF: Francesca E. Knot, City Council Staff John M. Roberts, Law Department Marilynn Slade, City Clerk David Wiener, Mayor's Office Tony Benavides, City Council Larry Meyer, City Council Harold Leeman, Jr., City Council APPROVAL OF THE AGENDA: A motion was made by Commissioner Jenkins to approve the agenda as submitted. The motion was supported and carried. APPROVAL OF THE MINUTES: Commissioner Albert moved the approval of the February 3, 1999, minutes. The motion was supported. The Motion carried. GENERAL UPDATE -- NEW COMMISSIONERS: Vice -Chair Glicksman briefed Commissioner Jenkins and Barnhart on the Commission discussions of the first commission meeting. INTERVIEWS OF ELECTED OFFICIALS: City Clerk Marilynn Slade was interviewed by the Commissioners. Ms. Slade explained her current duties and how they have changed over the past several years. Election operations are her responsibility. She is the secretary to the City Council for City Council Sessions. She is responsible for agendas and minutes of all City Council Sessions. Her department handles all licensing. She serves as the Secretary to the Board of Ethics which has been expanded in the past two years. She is the Administrator of all oaths of office for police, fire and board personnel. She maintains the City of Lansing Web site and she is the Records Manager for the City of Lansing. All contracts, agreements, deeds, insurances and bonds, are filed in the City Clerk's Office. On an average she works 45 hours per week. At peak elections times, which is approximately 6 months of the year, she works 50- 60 hours per week. When asked by Commissioner Albert how she felt about her current salary. Ms. Slade indicated that she is happy with her salary, but thinks she should receive 2 Printed on Recycled Paper increases as her staff members do (They are union employees). She indicated that her salary, as a department head, was the lowest within City Government ($58,000). Six years ago she did receive a salary increase, as recommended by the EOCC, of $10,000. If she was to receive the cost of living increases in which her staff have received, her salary would increase to $65, 500 annually. Mr. Wiener, the Mayor's Executive Assistant, spoke on behalf of Mayor Hollister, as he had a conflict with this evening's time. The Mayor plans to attend a future meeting. Mr. Wiener reported that the Mayor works very hard, in a high stress position. Many times he works fourteen hour days. Mr. Wiener indicated that he has great respect for the role of the Mayor and he is honored to serve this particular Mayor. Mr. Wiener also spoke highly of the current Councilmembers and indicated that the Councilmembers work approximately 20 hours per week in addition to their full time jobs. The Councilmembers do make many critical decisions on the part of the City. In response to a question posed by Commissioner Glicksman, Mr. Wiener indicated that the Mayor believes in the principle that the position of Mayor should be the highest paid officer within City Government. Council President Tony Benavides. The Commissioners interviewed Councilmember Benavides. He indicated that he felt very privileged to serve as the Council President for the second consecutive year. He is actively participating in the efforts to retain General Motors, resolving the CSO Issue and the Swans issues. He indicated that he works as hard today as he did ten years ago. In a response to a question posed by Commissioner Albert, Mr. Benavides advised the Commission that the Councilmember salaries should be the same as each Councilmember's vote carries equal value. Mr. Benavides reported that he averages 25 hours per week regarding City Council business. He emphasized the fact that he was happy with the current salary as he did not run for the office for this reason (he ran to serve the public) and that he was fortunate enough that he has flexibility in in his primary job as Executive Director of Cristo Rey Community Center to handle his City Council duties. He indicated that he would support whatever the Commission recommends if the Commission were to recommend an increase equal to the Cost of Living. Councilmember Larry Meyer. The Commission interviewed Councilmember Meyer. Mr. Meyer indicated that he did not seek this position based on the compensation but rather based on public service. He indicated that this job was a part time job for him and that he adds hours to both this job and his primary job to get both jobs done. He estimated that he worked 15-20 hours per week on Council related issues. He indicated that his first priority is his family. Mr. Meyer advised the Commissioners that he would respect their judgment in regard to any recommendation they submit to the Council for consideration. Councilmember Harold Leeman, Jr. Mr. Leeman briefed the Commissioners on the many ad -hoc committees and commissions he participates in - in addition to his roles and duties as a Councilmember representing the First Ward. He 3 Printed on Recycled Paper indicated that he attempts to attend all of the neighborhood meetings within his ward which has a large number of organized neighborhoods in the City of Lansing. He reported that some people think he is a little "overzealous" about his Ward. He indicated that he maintains that, for him this is a full time position, and it would be extremely difficult for him to maintain a Full Time Job in addition to representing his Ward. He indicated that he stands by his position of last year -- that $40,000 would be the appropriate salary for a Councilmember if the position was defined as a Full Time position. He indicated that he would support an increase in salary if the Commission recommended it. Mr. Leeman estimated that he spends over Forty hours per week doing Council work. He suggested to the Commissioners that they consider increasing the annual salary to $20,000, since it is defined, by the City Charter, as a part-time position. He recommended that the Commission consider implementing the new salary after the next election -- January 1, 2000. Commissioner Glicksman reminded the Commissioners that it is not in the purview of the Commission to change the Councilmember position from a part- time position to a full time position. This would take a Charter amendment approved by the electorate. REPORTS. PRESENTATIONS. COMMISSION QUESTIONS AND DISCUSSIONS: Reports and documents submitted. - List of current Department Head Salaries. - Report from the Deputy City Attorney Regarding Issues Raised at the February 3, EOCC meeting. - Executive Management Compensation Plan. - City Clerk's Salary Using Teamster Contract Increases. OLD BUSINESS: There was no "Old Business" to discuss. NEW BUSINESS: There was no "New Business" to discuss. COMMISSION MEMBER COMMENTS: C! Printed on Recycled Paper It was the consensus of the Commissioners that they would convene the meeting by 6:30 p.m., in the event a quorum of the Commission was in attendance. Commissioner Albert moved that if it appears that there will not be a quorum on February 17, 1999, that the commission meet on Wednesday, February 24, 1999, to finish the interviews and begin deliberations. The motion was supported by Commissioner Jenkins. The motion carried. ITEMS UNDER SUSPENSION OF THE RULES: There were no late items. PUBLIC COMMENT: Public members were not in attendance. They do have the opportunity to speak at each Commission meeting. ADJOURNMENT: By an appropriate Motion and support, the meeting adjourned at 8:40 p.m. Prepared by Francesca E. Knot EOCC Recording Secretary Approved by the Elected Officers Compensation Commission on c:;)- P4(t) C19 Documents distributed during the course of the meeting are attached for filing. 5 Printed on Recycled Paper DIRECTOR SALARY DATA POSITION CIVILIAN (Tie -barred to Teamster-580 PUBLIC SERVICE DIRECTOR PLANNING & MUN. DEV. DIR. CITY ATTORNEY DANCE DIRECTOR PERSONNEL DIRECTOR PARKS DIRECTOR CITY TREAS./INCOME TAX ADM. MANAGEMENT SERVICES DIR HUMAN REL & COMM. SVCS DIR CITY ASSESSOR EXEC. ASST. TO MAYOR SWORN (Tie -barred to FOP -Sup / JAF CHIEF OF POLICE 'RE CHIEF PREPARED BY PAYROLL 02/10/99 Projected AS OF 2/05/99 w/ 3.0% inc. (T-580) BI- ANNUAL WEEKLY SALARY RATE 81,370 STEP 3+ 3,117.61 87,342 STEP 5+ 3,346.44 93,115 STEP 7 MAX 3,567.62 91,693 STEP 7 MAX 3,513.14 86,014 STEP 6+ 3,295.56 66,536 STEP 7 MAX 3,392.26 70,251 STEP 4 + 2,691.61 77,250 STEP 4 + 2,959.77 83,620 STEP 6 3,203.83 69,601 STEP 4 + 2,666.70 68,428 STEP 4+ 2,621.76 84,000 STEP 3++ 3,218.39 86,340 STEP 6 + 3,308.05 CITY OF LANSING EXECUTIVE MANAGEMENT COMPENSATION PLAN EFFECTIVE DATE PAY ENDING BEGINNING ON/AFTER 2/01/99 (CIVILIAN) CIVILIAN POSITIONS POINTS STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 PUBLIC SERVICE DIRECTOR PLANNING & MUN. DEV. DIR. 1,486 69,169 74,933 80,697 86,461 92,225 97,989 103,753 CITY ATTORNEY 1,232 63,932 69,260 74,588 79,915 85,243 90,571 95,898 FINANCE DIRECTOR 1,142 1,096 62,077 61,129 67,250 66,223 72,423 71,317 77,596 82,769 87,942 93,115 MANAGEMENT SERVICES DIRECTOR 1,040 59,974 64,972 69,970 76,411 74,968 ' 81,505 79,966 86,599 84,964 91,693 89,962 PERSONNEL DIRECTOR PAF DIRECTOR 994 59,026 63,945 68,864 73,782 78,701 83,620 88,538 HUMHN REL. & COMM. SVCS DIR: 994 994 59,026 59,026 63,945 63,945 68,864 68,864 73,782 ' 73,782 78,701 83,620 88,538 CITY TREASANCOME TAX ADM. 830 55,645 60,282 64,919 69,556 ' 78,701 74,193 83,620 78,830 88,538 83,467 CITYASSESSOR EXEC. ASST. TO MAYOR 805 55,130 59,724 64,318 68,912 73,506 78,100 82,694 725 53,664 58,136 62,608 67,080 71,552 76,024 80,496 SWORN PERSONNEL POSITIONS % increase 0.00% ' CHIEF OF POLICE (see FOP Supervisory) 1,124 75,064 78,049 81,058 84,063 87,070 0.00% ' FIRE CHIEF (see IAFF) 1,142 60,341 65,369 70,400 75,426 80,454 85,486 90,512 ' THESE POSITIONS ARE "TIE -BARRED" TO THEIR DEPARTMENTS RESPECTIVE BARGAINING UNITS. Prepared by Pavroll Dent. 02/10/99 CITY CLERK'S SALARY U,- ..4G TEAMSTER CONTRACT INC. =ASES Beginning 1995 Clerk's Salary 7/1 /95 Teamster Increase- 2.0% 7/1/96 Teamster Increase-1.5% 2/1/97 Teamster Increase-3.0% 2/1 /98 Teamster Increase-2.9% 2/1/99 Teamster Increase-3.0% $58,000.00 $59,160.00 $60,047.40 $61,848.82 $63,642.44 $65,551.71 vMWT Orr' LA SING Department of Law i n to roff ice MEMORANDUM To: ELECTED OFFICERS COMPENSATION COMMISSION From: JOHN M. fo; Y CITY ATTORNEY Subject: REPORT ON ISSUES RAISED AT FEBRUARY 3,1999 MEETING Date: FEBRUARY 9,1999 ISSUE: IS THE DETERMINATION OF THE EOCC LIMITED TO SALARIES OF ELECTED OFFICERS? ANSWER: NO. In response to the question raised by Commission member Albert, the EOCC is charged under the 1978 City Charter with determining compensation of all elected City officials. For your information and file, attached is the March 13, 1995 City Attorney Opinion No. 95-06 that the Charter provision 2-104.2 controls on this issue and that the EOCC may also determine fringe benefits. In reaffirmation of Opinion No. 95-06, that the function of the EOCC is to determine compensation, it is of paramount importance that the Charter was adopted after Ordinance Section 280.01. The Charter provision 2-104.2 states: The Elected Officers Compensation Commission, previously created by ordinance. may continue to determine the compensation of all elected officials after the effective date of this Charter. The Compensation Commission ordinance shall be amended to provide a procedure for calling the Compensation Commission together at a time to be determined by the City Council. (Emphasis added.) -1- This Charter provision became effective August 8, 1978. By the terms of 2-104.2, it continued the EOCC established by ordinance prior to the Charter's adoption. It does not, however, limit the scope and function of the EOCC to salary determinations only, as did the prior ordinance. Stated another way, the ordinance in effect when the Charter was adopted provides for the nature, composition and procedure for the EOCC but its function and charge "to determine compensation" is established by Charter, which supercedes the ordinance. Because fringe benefits are also a form of compensation, they come within the EOCC charge. But officeholders' accounts or other expense allowances or reimbursements paid to elected officials for expenses incurred in the course of City business do not. ISSUE: MAY EOCC DETERMINE THAT ADDITIONAL COMPENSATION SHALL BE PAID TO COUNCIL MEMBERS, THE MAYOR OR CITY CLERK OR ANY OF THEM IN A LUMP SUM? ANSWER: YES. This question of lump sum payment was raised at the February 3, 1999 meeting by Commission member McNutt. It is answered by the same Charter provision 2-104.2 that gives the Commission unspecified authority to determine compensation. Because no ordinance provision (passed subsequent to the 1978 Charter) limits the method by which compensation may be paid, the EOCC has the discretion to establish the amount and timing of compensation increases. Simply stated, the Charter does not place restrictions on how or when compensation determined by the EOCC is to be paid. Therefore, inherent in the charge to the EOCC is its ability to establish whether compensation should be paid as a lump sum, in annual fixed sums or in periodic payments or as a mixture of these methods. I trust this report answers the Commission's February 3, 1999 questions. If there are any questions, I will continue to staff the Commission meetings. F:\SHARED\Committee\EOCCVMRsalaries.wpd -2- James D. Smiertka CityAttorney Melvin S. McWilliams Chief Assistant City Attomcy John M: Roberts. Jr. Sr. Assistant City Attomcy Brian W. Bevez Assistant City Attomcy 1/1f y ' �0� City ofL ansiig Office of the City Attorney March 13, 1995 LOUANNE SERVICE, CHAIRPERSON Elected Officers Compensation Commission City Hall Lansing, Michigan 48933 Re: City Attorney Opinion No. 95-06: Compensation of Elected Officials Dear Chairperson Service: Billie J. o•Berry Assistant City Attorney Timothy M. Perrone Assistant City Attomcy Wm. "Burt" Burleson Associate City Attorney Landis Y. Lain Associate City Attorney This is in response to your February 27, 1995 request for an opinion regarding the scope of the Commissioners' powers with respect to determining compensation of elected officials. Because of time constraints, I was unable to write a fully detailed and documented legal analysis in the matter. However, I have reached a legal conclusion which I can now share with you. In 1.973, the City established the Commission by Ordinance pursuant to Statute. Case law and an. Attorney General Opinion have defined the Elected Officers Compensation Commission to be limited to salaries only, unless a City broadens the compensation commission's power by Charter. 'OAG, 1978, No. 5255, pp 327-329 (Jan. 18, 1978). In 1978, the Lansing Charter was revised. At Section 2-104.2 it was provided in part: "The elected officer compensation commission, previously created by ordinance, may continue to determine the compensation of all elected officials after the effective date of this Charter..." Emphasis added. The term "compensation" includes, not only salaries, but also fringe benefits. See OAG, 1978, No. 5255, p 328, (Jan. 18, 1978) and Kane v Flint, 342 Mich 74 (1955) . A Charter is the organic law of the City, Sykes v City of Battle Creek, 288 Mich 660 (1939) . Where the language of a charter provision is unambiguous and specific, it is controlling; in such a case, it is presumed that the framers -of the Charter, and the people of the city involved, intended that a provision be construed as it reads. Detroit Fire FiKhters Assn v City of Detroit, 172 Mich App ;673. (1983) . In essence, the Charter supersedes an Ordinance. ~We're Malting I t5Lt'appen" 3 City attorney Opinion 95-06 Compensation of Eeded QjTu als Page Two 03113195 In my opinion, by the adoption of the 1978 Charter, the people empowered the Commission to set the "compensation" of elected officials, which includes fringe benefits. I am .aware that a previous City Attorney suggested that an Ordinance be adopted to give the Commission the broader power. He suggested that the people only authorized the Commission to have the broader power and that a procedural ordinance was required. I do not share his viewpoint. I believe the language is sufficiently clear enough as written and that the Charter provision has expanded the powers previously given to the Commission by Ordinance. Respectfully submitted �aJames D . 'ertka City Attorney /kmf March 10, 1999 Salary Determinations to City Council Of the Mayor, City Clerk, and City Council 1999-2000 Pursuant to City Charter provisions, the Elected Officers Compensation Commission (EOCC) met in committee during the months of February and March 1999. The Commission reviewed all supplied internal economic and financial documents, and current salary and benefit compensation packages of the Mayor, the City Clerk, and members of the City Council. In addition, the Commission compared various salary structures and fringe benefit packages held by like officers of similar size communities. The Commission further heard testimony and/or received written comments from the Mayor, members of the City Council, the Financial Director and the City Clerk. The EOCC made a special effort to inform the public of our meetings and to invite them to speak or send written comments. Even with the extra efforts of the Commission to initiate public comment, no comments were received from the general public. The Commission members were in agreement that the Mayor, City Clerk and City Council work diligently with high levels of professionalism. We collectively viewed their positions of responsibility as significant. The Commissioners were satisfied as to the work ethics and tireless efforts that our elected officers make on behalf of the citizens of Lansing. After thorough review, analysis, and debate, the following determinations are made to City Council for revision of the present salary schedules and fringe benefit packages. This Commission does have the power to review and make determinations regarding salaries and fringe benefits of the named elected office holders. We the Commission view the Mayor as the Chief Operating Officer of the City of Lansing. This position requires the holder to manage all departments of the City, make budget determinations, and execute all,programs consistent with City Council approval. This position carries significant government responsibilities. As a policy decision, we the Commission subscribe to, and reconfirm the belief that the Mayor should receive the highest compensation, inclusive of all department heads for the City of Lansing. We believe that this policy best encourages credible management and unanimously voted that the Mayor receive the highest compensation in City government exclusive of the judiciary. We, therefore, determine that the Mayor be compensated beginning July 1, 1999, at the rate of $90,000 with a further adjustment to $95,000 per year beginning July 1, 2000. The Mayor will also be compensated with a City car on a full-time regular basis. Other current fringe benefits will continue as presented by our Finance Director. The Commission similarly determined that our City Clerk continue to be compensated consistent with the demands of this office and commensurate with similar office holders of like -size cities. We, therefore, determine that the City Clerk shall be compensated at the rate of $62,950 per year beginning July 1, 1999, with a further adjustment to $67,900 Page 1 of 2 beginning July 1, 2000. The City Clerk will also be compensated with a City car on a full- time regular basis. The other current fringe benefits will continue as presented by the Finance Director. This Commission remains committed to the understanding that much of the detailed work and assignments of City Council are undertaken by the President and Vice President, respectively. Accordingly, this Commission determined that City Councilmembers be compensated at the rate of $17,000 per year beginning July 1, 1999, with a further adjustment to $19,000 per year beginning July 1, 2000. The Vice President of the City Council shall be compensated at the rate of $17,750, per year, beginning July 1, 1999, with a further adjustment to $19,750 beginning July 1, 2000. The President of the City Council shall be compensated at the rate of $18,500 beginning July 1, 1999, with a further adjustment to $21,000 per year, beginning July 1, 2000. The Commission further determined that the office holder's current fringe benefit packages, inclusive of full medical benefits, dental, life insurance coverage, and pension retirement benefits continue unchanged. Additionally, the office holder's current expense accounts shall continue without change. These determinations were based on thorough study and exchanges of thought among and between the Commissioners and among and between the officer holders and advisors who appeared before the Commission. We the members of the Elected Officers Compensation Commission respectfully concur in the collective determinations now transmitted. Dr. Fri ck H a hair 1 Rober a Albert, Me ber Aaron S. Jenkins ember Lo anne Service";fIember Professor Elliot Glicksman, Vice -Chair P AC �-9 z, , 4,_v- Robert L. Barnhart, Member Margie R. McNutt, Member Page 2 of 2