Board of Education 3-18-2026

001Okay, it is 6 o'clock. I'll call this special board meeting to order. If everybody would please stand for the pledge of allegiance. Remove your hats. >> I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Diana, roll call, please. >> Katherine Solen, >> Abby Maddock, >> here. >> Dr. Bardo >> here. >> Bobby Bronn >> here. >> Joe Maddock Nelson >> here. >> Kristen Matt Miller >> here. >> Angie Shriber >> here. >> JD Schrader, Danny Patt >> here, and we also let the record reflect that we have our legal counsel present. Uh, Mr. Davis Rundy. Item number two, board discussion. Uh before I read letter A, I just want to let everybody know

002where Mrs. Ojinski is tonight. She's somewhere in the skies from Kentucky to here. Her flight has been delayed, cancelled, postponed. Uh she anticipated being back today for this special meeting. Uh but she may join us as her flight lands in Green Bay um at at any moment. It's supposed to be landing if everything is going good. So if and when she joins us, uh we'll we'll connect her in and Nathan will have her on the screen if she has her webcam on, which we don't think she will, but uh she'll join us if and when she can. Letter A, discussion and possible action on the aquatic center operations and governance. I will turn this meeting over to our attorney, uh, Mr. Rundy. >> Thanks, Danny. So, the purpose of tonight's meeting is, as you just

003stated, um, but really it's to allow the board to understand what is currently going on with the aquatic center, what is needed with the aquatic center going forward, and how the district is going to be able to accomplish that. and importantly how it's going to do that in a way that is legal. Um and also in consideration of the various agreements that the district is entered into with other um entities on the use of the pool. So that that's one issue. Another issue is how this the aquatic center is is just being fundamentally operated. Um it is a district building that frankly has quite little uh documentation about how it's operated. Um, we have some meeting minutes here where it is referenced, but my understanding in speaking with administration, uh, the pool is largely governed,

004for lack of a better word, by a pool board. And we're going to talk about that a little more. Um, but as far as I know, uh, and as far as administration knows, the pool board does not have bylaws, does not have open meetings, doesn't have open records, and yet it is in theory controlling a publicly funded building um and is a child of this board. It has been created by this board. So this board is ultimately responsible for the pool board and the actions it takes. So there are governance issues that need to be addressed. And then there's operational issues that need to be addressed. Kelly Fastbender and Jake Lightiderman are here to discuss the financial and operation issues respectively. Um, and I I think it's important for the board to understand the day-to-day

005issues that the aquatic center is facing. and then we can talk about the the larger general governance issues as well. So at that time this time I'll turn to Kelly to address the some of the financials. >> Yep. And I put these in a one pager that I can collect at the end. The front side you'll have the points that I'll discuss and on the back end you'll see longitudinal funding. Sorry. So, the purpose of this following report is to provide the board of education with a clear understanding of the aquatic cent's financial status and compliance requirements. The current financial status is that the aquatic center is operating at a deficit. The true operational deficit is minimum minimally $90,949. The reported F deficit is $10,195. The reason for this discrepancy is because included in the

0062425 revenue is a 3 33,350 one-time grant revenue that's earmarked for the slide restoration project that is currently waiting for funds to be raised in order to complete the project. These grants were written by the director of business services, Kelly Fospender, and that would bring the def deficit to $43,545. In addition to this deficit, there is costs that are not currently charged to fund 80, therefore not reporting in the deficit. These charges include business office and maintenance staff, um salaries for time, insurance, and plowing. That is that brings the total to $90,949 which also does not include numerous unttracked costs that exist such as cleaning supplies, maintenance supplies, tools, printing costs, restroom supplies and paper products, legal fees, ad and administrative overhead from administration, including the superintendent, director of business services, and director of building

007and grounds. So to summarize, all of the expenses and revenues from the aquatic center, which is a community service program, should be allocated to fund 80, not to fund 10. This is dedicated funds by TPI for education of our students. So fund 10 is only to be used for education for our kids. And fund 80 is dedicated just to community service programs, which would be the aquatic center. And this would bring the district out of compliance. So further under compliance and fund alignment DPI prohibits like I had said that fund 10 general fund and fund 46 which is a capital fund for any aquatic center operations, supplies, repairs and maintenance. Historically expenses for the aquatic center were misallocated to fund 10 and this needs to be corrected in order to be in compliance with DPI.

008Bringing us to the taxpayer impact. So on the back you'll see longitudinal data um that shows the history of fund 80. Fund 80 is a fund in which is dedicated to community service programs. That is there's a wide range of different things that communities can use and programming that districts can use this for. um our district has chosen to use it for the aquatic center and since 2004 the amount that taxpayers have paid for the aquatic center comes to uh $5.9 million. The annual lev levy right now is currently $300,000 from taxpayers that goes into the operation of the pool. Um, this is only a small piece of the operator operating revenues and covers a very small portion of the expenses for the pool. Um, with $300,000 of fund 80, the mill rate for our

009taxpayers is $6.77. If the school board would choose not to fund um levy for fund 80, that would bring the real mill rate down to $6.60. So, one thing to be thinking about is should the district continue or increase this level of taxpayer impact in fund 80 to sustain operations and address the significant maintenance needs that we have. Um, bringing us to the district program use and charges. So, the district is charged annually for anything that our students use. So just like if we were go to go to a different pool like Whittenberg Burnhamwood um we would still be charged. So we are charged for our pool usage because it is a community pool and comes from fund 80. So from front 10 we are paying 62,000 roughly each year that includes $32,410 for 16

010students to be on the swim team. last year. Uh there are additional costs that are not um included in that for busing and coaching. This year for the swim team, the participation has declined to six girls and there is not a boy team or a boys team. So in summary, there are several things that need to be corrected to ensure that we are not operating in a deficit um and that we address what our revenues and expenses are going to be as well as um any compliance issues that need to be rectified and then I'll leave that. >> I got a question. So, um, you mentioned things need to be changed so they're not you're not operating a deficit. How how could that occur? So, the points of revenue for the aquatic center are memberships

011and admissions, um, party rentals, therapy rental from the hospital, district rental fees like I had talked about if the district uses the facility, and then 300,000, which is roughly, very roughly half of the expenses or a little less that comes from taxpayers. Addition to additionally there are donations or grants that can be given to the aquatic center to fund operations and currently there isn't a long-term maintenance fund um for the needs that the district has. So that has been um covered through donations. To your understanding, has the aquatic center ever cash flowed? Is it always operated at a deficit? >> I do not know the answer to that. I have looked back at many years and have seen deficit operations. Um also there are large um expenditures throughout several years which may have indicated a

012large maintenance project that was funded through donations. Um so it's difficult to see but we do not have a large fund balance. So um I'm anticipating not and also the historic as you can see the longitudinal data from fund 80 shows a significant increase throughout the years >> and with the current operation um and the current funds in fund 80 what's the runway >> if we funds >> yeah if we continue down this road we have about 150,000 in fund balance. Last year alone with the unalloc or undocumented um costs it was operating at minimally you know $90,000 deficit and so that lasts you about a year. >> Board members have any other questions for Kelly? >> So correct me if I'm wrong, Kelly. So for multiple years, we've been pulling $1 to $200,000 from

013fund 10 to support the pool. When you look at the amount of time that's coming from maintenance staff, so we have not including Jake Lightiderman's director of building and grounds, that's all funded through fund 10. So when you look at that, it's about 20 $22,000 coming from fund 10 just for maintenance on a daily basis. Um when you are looking at business office, meaning um any processing of invoices, collecting of fees, depositing into the bank, all of those things, payroll, which we used to have, um that is about $12,000 annually roughly. And that doesn't that 90,000 doesn't include any of the time that um our superintendent myself or Mr. Lighterman as a buildings and grounds puts into the pool very regularly. I I mean I've been here for two and a half years and it

014has been significant amount of our time especially recently. Um that doesn't include any attorney fees. You know we've had a lot of communication with that. Um, and then we haven't been able to track or historically costs have not been tracked as far back as we can find for things like toilet paper for the bathrooms. So, I mean, it sounds like a minimal expense, but when you add up annual fees for paper, towel, toilet paper, printing, um, all tools, random wire, bolts, all those things that's needed on maintenance, that's all coming from fun 10, which is earmarked only for education. Does that answer your question? >> No. I want a dollar. If I want you to do your best to give us a dollar amount of what has been pulled from fund 10 to pay for

015this pool >> for just one year >> in for one year and then how many years it's been going on? >> Well, I would have to calculate that, but I I don't I do not have an estimate of what that what how much it would cost for those pieces. It's minimally $100,000 without I mean if I had to give a guesstimate I would say minimally see now that someone's going to take me and say oh you said $50,000 or whatever it was >> I begged you for a number so >> I me my name >> I mean I would roughly say an additional $50,000 for additional pieces that happen on a daily basis. Um and I don't know how long. Okay. >> Yeah. Thank you. >> Did DPI say something or are you just worried

016about this? >> Um, so at our board meetings, our aquatic center board meetings, obviously I give a budget update at every single meeting and we've talked as long as I've been here about increasing revenue, increasing programming, decreasing expenditures. Um, and the recent partnership with the YMCA has been very successful with that. Um, we've also heard at every single meeting, every single meeting about the needs for the pool to have an operating slide, to have an operating pump, to have more custodial services. So, that's not even in we're not even talking about any of those things. And at the very last aquatic center board meeting that we've had, they discussed the needs, the multitude of needs for maintenance. And it was brought up, well, you the district over the past recent years um with the new

017school board has been able to align our budget and be able to put money away for long-term facility needs in fund 46. So, it was brought up by the aquatic center board to use fund 46 for the maintenance needs, critical maintenance needs of the aquatic center. That's not compliant. People wanted to make sure that I was completely accurate in my interpretation of the regulations given through DPI. So, we did have several meetings with DPI to articulate that yes, that is correct because of the fact that the aquatic center is a community service facility. Um, fund 10, which is fund 46 is funded through fund 10, is not allowable for maintenance. So that was really the tip of the iceberg as to looking at ensuring that all of the expenditures that the pool is incurring is

018not coming from fund 10. And so that's really where everything has been kind of uncovered is if we can't do that, well then we really shouldn't be having um a maintenance person who's funded through fund 10 um for our district to be spending a significant amount of time at the aquatic center. Um and then it's just all of the things have been uncovered that way. So hopefully that answers your question. >> It's just it's such a small percentage of our budget.3% on $30 million. It's like in one sense I just don't care and we should just fund the community versus we raise the raised fund 80 or whatever. Which one is it? >> Well, so >> which one is the community fund? >> Fund 80. So on that point JD though, you can't mix those

019funds. It's misappropriation of public funds. >> We've been doing it for >> that's not >> and now we know, >> right? So you just cuz that may have been done in the past, which I'm not I don't I'm not seeing that in front of me right now. But if the understanding is to continue to go forward, you will have to use funds that cannot be used, that would be a violation of the law. And the board has a fiduciary duty to the entity which it serves to only use funds in a way that they are allowed to be used. I really hope this doesn't come off as super ignorant, but does the aquatic center board want us to continue funding them or would they rather not? >> I don't know. And it's not now is

020this is a discussion amongst the board and staff right now. >> Okay. So, what's the original agreement say? Does it say? Did anybody read it? Because we didn't get this beforehand. So, it's not like the one from 2004 >> before that. So, I'm just going to clarify. My understanding is that the district has historically been funding the aquatic center through fund 80 and fund 10. However, DPI says that's a misappropriation of funds because it has to be funded either through fund 80 fully or fund 10 fully. >> And if fund >> fund 80 fully >> if it's a community >> yes >> otherwise fund 10 but then it would have to be solely used for educational purposes. >> So I'll give you a good example. Um, if you have a, let's just say a FIAD,

021a gym, a gymnasium, and you, like our high school gymnasium, it's primarily used for our students. If a community entity wanted to come in and rent it, the gymnasium is funded through fund 10. If a community member wanted to come in, they would pay the rental fee because it's not overarching a community facility because the pool is overarching a community facility. That is what it's for is the community use for the aquatic center and the pool. When the district comes in to use it for swim lessons or for swim team uh practices, we have to pay a rental fee from fund 10. So yes, the answer to your question is because it's overarching a community program that's happening within that building, it has to come all from fund 80. >> the operations, the maintenance, the

022supplies, anything that's used for community purposes, we rent the time that's not. >> So right. So in that calculation though your the rental is paying for some of those operations. >> Yes. So $60,000 >> there is some allowance in you can offset your operational costs from fund 10 because you're using it for educational purposes in that moment. But you can't say generally just because the district owns it, we're using all of fund 10 to fund this whole thing. >> So, can we rent a maintenance person to them and they pay us for a maintenance person? So, they don't have to have a full-time maintenance person. >> You need to have um according to DPI's guidance, you need to have that separated. So, there needs to be um a separate need. Yeah, you need to have

023basically designated >> job descriptions >> where that person is only dedicated that role whether it's full-time or part-time is dedicated to the aquatic center >> and then when the fund 80 would disperse so would that position. So you can't say X person is working full-time for Fund 80 and then Fund 80 goes away and that X person stays working for the district when fund 80 dissipates position I should say. >> I you don't think you've heard from the community that they actually want to shut down the pool, do you? Like I've never heard a person say that ever. I'm not sure that's what anyone's saying here. I think what we're doing is just giving a financial um status, compliance status, and determining what the options are moving forward um and understanding the issues and then

024developing solutions to move forward. and the financials are one aspect and I think it's probably an appropriate time now to ask Jake what's what are the maintenance needs. >> Yeah. So right now um really when you look at deferred maintenance um items that I would classify as should have been addressed by now um there's roughly $125,000 worth of items on that deferred maintenance list. Um, we've been talking about it for a while. A number of them uh pose safety risks. Um, kind of to go off of what Kelly said with the discussion with DPI, you know, I I pushed back on that a little bit and said, you know, if we as a district own this building and allow a safety risk to exist within our building cuz we own it. that would open up

025the liability for the district if someone were to get hurt. So, can't we use fund 46 or fund money to take care of those safety concerns because it's our building? And they said no. And furthermore, it shouldn't be at a liability or a risk to the district because that community uh function should cover its own insurance which is another aspect that has been throughout the years it's been under the umbrella policy of the district and DPI said that that should even be more defined as a separate policy just for that community function within that within that building. Um, so it has left a lot of concern from the community and from the staff and the the users of the building from a safety stance. Um we've talked quite a bit about it and we actually

026do have a donor that has come up and been willing to donate some of the money. Um as long as the district commits to accomplishing those items. Um those items consist of about $90,000 of that $125,000. Um, part of that is the slide restoration, which is a safety, the front door, the door operator. Um, and all that would be taken care of if we as a district accept that donation under those terms. Um, we can talk about that more later, but I just want to be clear that there there is a significant amount of money that's being offered to help with this, but it does not solve all problems at this point, but it's certainly a step in the right direction. Um, >> along Sorry, Jake, I'm not trying to interrupt you. Just to so

027people are keeping numbers in their head as Jake is describing this. So you're at according to Kelly 150 of basically operating expenses left, right? And Jake's saying you have 125 of deferred maintenance. Okay, that's that's the deferred maintenance as I would define as things that should have been done already. That does not accomp or uh encompass items that are coming due. Um, a couple big ticket items are the roof is original roof. That building was built in 200. Um, so I mean that roof is past what the manufacturers are going to recommend for life expectancy. It's been good. It hasn't caused us problems. So, as with anything that you've heard me talk about before, you don't want to throw any life out of products. If you can use them up, that's that's the best spend

028of our money. But anytime that that could come up. Um, another item is boilers. Some of those are, you know, pushing that 10 15 year old mark. Um, again, good shape, but they are constantly something that we keep an eye on. We've had increased parts and pieces that we've had to maintain with them. And the life expectancy before you hit something like a heat exchanger or big ticket item is getting closer. When those hit exactly, I don't know, but they're going to be in the, you know, for the boilers, you're start talking tens of thousands of dollars very quickly. Roofing, you're going to be hundreds of thousands of dollars. So, the picture doesn't get much better. Um, one thing that I do want to note with specifically the um door operator that I kind of

029pushed back on DPI hoping that we could fix to alleviate a safety concern. um that has now been probably close to a year that that is not operated properly. It has now been reported to the city and the city is required to follow up with that because it's a a building code violation and um they have given us a 30-day notice to repair that or they will turn it over to the state. Um reasonable makes sense. There's building codes for a reason and that they need to be adhered to. Um, so that is about uh two weeks ago since that happened. So, one of the items that would be taken care of with that $90,000 list with that uh offer from the donor if the board elects to take that would be that door operator.

030If not, um I assume that the state would come in and probably uh stop the usage of that building due due to that violation until it was fixed. >> Jake, why are you assuming we might not take the money? >> Well, it's with any I'm just being more formal than anything. I mean, I I would think most people would agree to take that, but ultimately that's up to the board to um accept that donation. and except to perform the work that the donation is required as a stipulation. So I just wanted to be upfront with that with the discussion tonight. That's something that the board should be aware of as well. >> Kelly, when was the last time we raised fund 80s? the last time we raised fund 80. If you look at the back,

031you can see your historical view. So in 2004, it went from 50,000. The next year it went to 140,000. The next year it went to 220,000. And then the next year in 2007, it went to 320,000 and remained steady at 320,000 for several years, bringing us to 2014 at 220,000. And then the very next year it moved up to 270,000 up until 2021 where it increased to 300,000 and has been at 300,000 since. >> Danny, did we do did we raise it? I can't remember. >> Yeah, we did. I I do recall in 21 raising that to 300,000. >> Where she on the back of right here, >> Jake, as far as day-to-day maintenance, would that be in your opinion a full-time position, part-time position? >> Uh maintenance only is about I would say roughly

03210 hours a week from my staff. >> I'm sorry. What was that? >> Roughly 10 hours a week. which would be 25 FTE roughly 30%. And Jake, the maintenance involved, my understanding is that's a highly qualified maintenance. >> Yeah, the the the systems that operate that pool um do take quite good level of understanding of those systems. Um we have a great uh great staff uh member in house that is very qualified to do that. Um but it does take um just constant monitoring. There's a lot of uh you know sensors and intricacies to make sure that that HVAC system which provides the heat to the building stays operational. Um there's a lot to it and it just takes a constant eye to just make sure that things are running appropriately. you know, as we

033go through weather changes, temperature changes, um, things like that, you know, you just have to keep an eye on it and not everything just runs on its own. And this is kind of one of those systems that there's so much going on with it. And it's such a um humid and costic environment, it's pretty regular that components of those systems either become deteriorated or saturated with water or corroded or whatever that it's just a constant something you got to keep an eye on. What's to stop us from paying more rent to for the services we already use or for if that new elementary school is here and now we have much more usage from elementary kids. Can we cover some of the deficit like that without raising fund 80? So, you're always going to want

034to think about what your priorities are and what your vision are is as a school district. Looking at your strategic plan that you just passed and developed and thinking about what is going to increase student achievement and if that is usage at the aquatic center, then I would suggest that's what you do. Um if it's curriculum, teachers, uh professional development, instructional materials, um maintenance on the buildings that the children have in school, um desks, technology, computers, all of those pieces. Um, that's something you as a board need to decide what your priorities are um, as far as what you want to focus your district funds on because as we move forward, especially with declining enrollment, you're always going to have declining funds. And so if you have to choose between $100,000 of um facility rentals

035for um FIAD classes to use the pool or six um athletes to be on the swim team versus cutting a teacher for a second grade class. Like that's the the decisions that you would have to make as a board. Except the last two years we put $2 million in fund 46 because we had extra. >> You didn't have extra. You aligned your funds to be able to have a long-term maintenance plan for the new elementary school, the middle school, the high school. those these facilities historically have not had any funds which I'm sure that Jay can speak to very eloquently for any amount of time which is the reason why I'm understanding we went to a referendum because our elementary schools were dilapitated with asbestous so thinking about long-term maintenance plans you need to have

036a fund for that otherwise you will end up in the same place that we just were and um with our elementary schools and aging high school which is 30 years old um and our middle school as well. So I know that the board really didn't view it as extra money. They really viewed it as aligning their funds to increase student achievement as well as have a long-term maintenance plan for facilities. especially when talking with the community around their concerns with making sure that we have funds saved to maintain the buildings that they're supporting with the referendum. >> Jake, how much after we spend the referendum money, when do you think it'll be a while before we have spending fund 46 money or is it all going together to cover all this? >> Uh, that's we

037don't have all the bid packs returned yet. Um, I think it's a very difficult question to answer until we have all those numbers on the table cuz if you remember when we ran the referendum, we still had a large portion of deferred maintenance that wasn't within that $54 million. So, we're trying to encapsulate all that we can with the favorable bids that we got on the elementary school. So, we're hopeful to be able to take a lot of that off, but until those bids come in, there's just no way to accurately answer that. >> But also coming back to this, you we can't use fun 46 for the aquatic center. >> That's what I was just >> But if we raise the rent, we're not using fund 46 or fund 10. >> So, you have

038to submit to DPI a calculation of how you're calculating the usage. You can't just say, "I'm going to spend $500 per hour just so that we can make up a deficit because that's misappropriating funds as well." You have to calculate the actual usage. Um, there was a formula that was scratched on a piece of paper that I had found when we got to the district that had the formula that they used. Our auditors also audit fund 80 um to ensure that we're being compliant as well. So you have to have a documented formula as to how you're documenting what your fee is. So I just I'm hearing that creativity in your questions JD and I I guess as just one board member knowing that this board is routinely and administration is routinely attacked for not

039being transparent. I appreciate the creative questions to find a solution. Though in full transparency, it has been brought to our attention that the creative funding for the aquatic center is not in compliance. So if we want to get creative to find a way to find the gray or cheat the system, I feel like that's just highly unethical. And I'm going to be very open and transparent to say I'm not comfortable with that. So then you propose >> I'm just saying I to get creative to say can we increase our rent to cover the expenses and be like oh say we found a solution. Well this is a recorded meeting. There are minutes to this like it's >> not an appropriate use. It was creative but now we know and DPI is involved and are aware.

040So we have to we have to make sure we're playing by the rules. I don't have a suggested at at this moment. I'm just simply saying yes, play by follow the laws. But all I'm saying is I'm not comfortable with like a discussion that's going to say let's get creative to not really follow the law, but like maybe not break it, but then we can still fund it. Like I'm just one person. I'm just saying I'm not okay with that. I'm going to be very transparent in that right now. So what are the options that we can legally because that's what David said was here for us to explore the options. >> There are no great options. >> Okay. But what are they? >> Well, I'm going to let you ask a question first. >>

041Yeah. >> Um I have a couple questions that may be difficult to answer without a profit loss um sheet or not knowing quite how things are built out from the pool. So forgive me if these are difficult questions to ask or answer. Um my first question is is we do have that there were six kids on the high school team. There is a youth program as well for the do we know how many students are in or children are in our youth swim. >> So we have the swim team which is a club. >> Yeah. >> They have a lot of kids. >> I don't know the exact number. >> You were referencing the swim team. >> Sorry. All right. The swim club numbers. Swim club. I wanted >> the swim club numbers are different.

042>> Swim club numbers versus I know there's six on our team, but >> I just wanted to make sure we were team. >> I don't know how many the Anigo Penguins have, but if I was to estimate, >> if I was to estimate based on something I just heard, I would say 56, which is s 50 more than we have. >> Do we know how much they are charged to use the pool? They are charged $2,000 flat for any amount of usage that they have >> per per child or >> Per year annually >> for the total 56. >> Correct. >> Okay. Do we know um I do see that the hospital we charge $147 an hour? >> Yes. If we were to um look at like an admittance fee to the pool, how much

043do we charge for someone to come into the pool and swim with their kids for a few hours? >> I will check. >> For an adult, it's $6. >> And that's like all day. As long as you want to be there, doesn't matter. >> Correct. >> Yeah. The memberships are hard for me to calculate my >> um and then Kelly, if we're looking at this that we pay $62,000 for FIAD, if you had to roughly guess per hour, what would that come out to? >> About $140 an hour. So, I feel like there is a portion here that's getting not the same funds as maybe some other. I find it interesting that for the hospital to use it, they're paying about the same as a as a student. That that kind of hurts if I'm

044being honest. That shouldn't little discrepancy there. Um, but I feel like those swim team members are probably in the pool for a significant amount of time versus an hour of a fied class. And if we need to make up some funds, I'm not on the board. I can't tell the the the pool aquatic center how they need to make up this this step deficit, but there's opportunity for that there for paying, you know, an adult can be there for $6 as long as they want. There's there's ways for them to come up with this money. I feel >> so Kristen, I'm just going to correct you on the pool board an answers to this board. >> So then I could tell them that they needed to charge. >> Well, we're going to I want to

045talk about that a little more, I guess. And this is a good I mean, how often has this board received anything from the pool board? >> Nothing. >> Actually, I was going to ask that also of what solutions has the pool board brought forth? What pool? >> I didn't even know that we had a pool board. >> Yeah, >> I mean there's there's an acting pool. I know I you mentioned earlier the governance issue, which I anticipate is probably going to be part of this discussion. I'm asking because right now feels like the district's placed in the hot seat of like what are you going to do about it? But I'm also curious because obviously the swim club and team and and the pool board are very passionate as is the district and the board

046for the aquatic center. So I'm hopeful that the pool board has shared some creative strategies to work with the district to come up with ways to to address this issue. So I'm curious if that could be shared also. um >> in collaboration with the YMCA. Um it has been there have been suggestions made by the YMCA and myself in order to increase revenues and write grants and um decrease expenses. Um, so I don't feel like I should answer for the board as to what they have suggested um in increasing revenues. >> I >> So technically, Kelly, you're like you're basically the liaison right now, right? You you are the the one connecting piece >> essentially. I I think the board understands that you don't speak for the pool board, but you have information to offer,

047so you should offer it. >> So, we have brought recommendations to the school um to the aquatic center board to um based on a detailed time study that had happened for when members are actually within the facility and being used. some of those suggestions um were and just to caveat I don't know that my role is to be this directly involved in the pool operations in general. Um so I think I've been way more involved than I'm supposed to be. But either way, um when looking and and um giving a report every month of deficits and money issues, um I was very involved in trying to make those things go away. So we have done very many um studies to ensure that we are changing the hours of operation so that we can save on

048staffing to be able to increase or decrease our expenses in that route. The aquatic center board did vote to approve those. I believe I'd have to look back at the minutes. Um, as far as increasing memberships, I know that there had been many years in which those memberships had not been increased. And so in working with the YMCA, we had done extensive research around what are appropriate um admissions and memberships to be able to be in line with area pools ex even ones that work with a school district to make sure that we are in line um with those pieces. And the pool board did go through those and approve some of those. But as far as doing the leg work to be able to come up with those um pieces of increased revenue and

049decreased expenses, that was done by myself and the YMCA. Um as far as writing grants to increase revenue, I had been the one doing those things. I know that one of the board members on the pool board does write one grant every year, the Sheldon grant, which is used for operational expenses. I'm not sure who in the past has done all those things. Um, but this last year, I don't believe any grants have been written. As far as raising donations, um I'm not sure how involved the board has really been with that. And so as far as coming to the board meetings with active solutions, um I feel like that has been myself and the YMCA have been doing those pieces. You mentioned minutes of these meetings. >> Where are those? >> Uh Mary Joe

050would be the person who keeps the minutes from the board meetings. >> Okay. Where >> um I would say on her computer. I don't know that there is a school district website or any of those pieces. Has there ever been a report out from the board to this board? >> I am not aware of there being one since I've been here. So, >> so actions that the pool board has taken to help reduce expenses and cut the deficit, I heard you say, is a usage study which resulted in a vote to reduce the the pool hours based on the data of when it's most popular. >> I don't even think they actually voted for the hours. I'd have to look back at the meetings. I know that Correct. I >> I am aware that the

051YMCA had done a detailed study around and myself around how to increase revenues. The this was brought to the co the board with those recommendations and they did um approve some I may have some notes on that. So, I believe they tabled the hours um depending or pending a decision on uh staffing and they approved increases in fees that were brought forth by the YMCA. Um the increase to swim club dues was tabled by the board. Um many of the suggestions were tabled by the board to increase revenue and decrease expenses tabled for what I I'm anticipating there's maybe follow-up action information to be gathered. >> So I'd like to ask a question if I can. Um, I understand the purpose of this meeting is to inform this board, but when is our opportunity to

052have discussion with the pool board? >> Yeah. >> So, um, the purpose of this discussion is yes to get you informed. >> Tonight is there is not a public comment. There's not a a discussion scheduled with the pool board. Um, so I guess to answer your question, that's not going to happen tonight. >> Can't Danny just allow communication with a we frequency? >> So there are >> who's not telling the truth? >> Well, no, we're not. >> Hold on. >> We're going to remain respectful. Well, I think we're all adults here and can do that because we all are very passionate about our community >> and we have >> would like to write >> next. >> So, we have an agenda that we follow. >> This is a discussion amongst the board with its staff

053so the board can take possible action if any or just treat it as a general discussion where they learn things, they digest it and they come back later. And if after this discussion there is a determination that is made by the board president to call for another meeting to invite the pool board to come forward and give information that can happen. But in terms of tonight the meeting is agendaized to have this discussion that we're having and that's the discussion we're having. And this discussion is because we have now learned that we have misappropriated funds by using two different funds to pay for expenses for the pool. >> To rephrase that if the only option to continue would be to result in a misappropriation of funds. So Danny or uh Dave. >> Well, most of

054you know I used to be the superintendent down in Whitburn and we build a pool and uh at some point in time Dr. John McKenna and some people came down to visit our pool and I took Dr. from a kind of aside. Um, and I asked him why why are you building a pool? You already have an outdoor pool. And he gave me some good reasons, and they are good reasons. Lessons for school kids while school is in session. Swimming in the winter for people who like to swim. He talked about a swim team, but then the next thing he talked to me about was this was right after Anowis started sending kids down to Witburn because of their school being closed. And he said, "We don't want to lose open enrollment kids to your

055swim team." That wasn't a very good reason to do a pool. When we built our pool, we we basically went to five other districts to look at their pools and people were very excited. But then I would talk to the administrator and I told this to John, everyone told me a pool is a money pit because it's a costic environment. metal corrods and over the years you are going to spend much more money to keep that pool going. Now, we were fortunate. We had a multi-million dollar woman who paid for the whole thing. But I said to her, "We need an endowment fund. this little school district at Witburn can't afford for the upkeep on this pool because things are going to break down because every place I went on those four five schools that's

056what I got told you have to have an endowment plan because it's going to be so costly. We were fortunate. She set up an endowment plan because she understood that she wanted to keep this going for many, many years. And so the Whitburn pool was pretty lucky. And I told Dr. McKenna, you need to have an endowment fund. Now I have a friend who was on this board with me, who is a lifelong resident, who told me when this pool was being talked about, one of the things that was talked about was an endowment fund because of the maintenance long-term. And that gentleman said to me, never happened. That's one of the reasons we're in the predicament we're in is because no endowment fund was ever set up. And I'm not going to blame this

057community because this community has given so much over the years. Just in the three years I've been on the board, so much money every month. This is a very giving community. But for some reason, that endowment found didn't happen. And now, like Jake said, we have $125,000 of things, deferred maintenance that needs to be done already. And then he mentioned roof, boilers, heat exchangers. Those are going to be big ticket items. And people kind of laugh at me and say, "Yeah, I'm the math guy." Well, as a former superintendent, you got to be a math guy. Right now, I don't know how many people in this school community know that they're getting charged $300,000 to place into fund 80 on their tax roles. Now, it's not a lot in, as JD said, in the overall

058scheme of things, but it is $300,000 every year to run the pool. But if I heard Kelly right to make it break even, it's about what? 650, kind of close. >> Kind of close without a fund for maintenance. >> Okay. So, if it's if it's 650,000 and we're giving 300,000 in fund 80, that means grants, uh, people paying to use the pool, um, donations. That's like 350,000 a year that has to come in every year just to break even. And we all know that costs are going to go up. So one of the possibilities is that we have to not use fun 10 except for what the lessons we pay for for the swim team uh time that we pay for. We can't what I'm hearing is we can't use anything from fund 10. Everything

059has to go through fund 80. $300,000 is not going to do it. If you truly want this pool to work, and the pool is a good thing for our people, but as I said, it's a money pit. At $650,000, we're losing money. Maybe at 700,000 next year we break even. But that doesn't take into account grants. Doesn't take into account people giving. And I think people will still give because that's the type of community we have. But we're going to have if this board takes over this pool, we're going to have to charge the taxpayers for it. And I'm thinking it's a million bucks per year to start out just for the increasing prices towards $700,000 plus bringing in $300,000 a year to pay like the 125 and the stuff that's going to keep coming.

060We're going to have to build up a fund because we don't have an endowment fund. We have to build if we're going to take this over board, we're going to have to build up fund 80. Now, what's a million dollars? JD's already said 300,000 in a 30,000 $30 million budget is not very much, but a million out on 30 is a little bigger. So, I did a quick math here. Right now, for 300 from what Kelly had here, uh the mill rate would have been 660. it goes up to 677 with the 300,000. So that means 300,000 is 17.17 mills. Okay. If we go to a million dollar, we would be charging an additional almost.60. That would take the pool. If we ask for a million dollars, people's taxes are going to go up another

06160 cents on every thou. Doesn't sound like much, but if you have a $200,000 home, 60 cents per 200,000 is probably a bite, but that's that's where we're going to be, people. We're going to have to make that decision. How much are we going to tax for to keep this going? And are we going to be willing to add this extra money for things that are going to break down? Because they're going to come. They just will. Now I'm retired. I'd personally I'd pay the extra 67 cents for th Why? because it's good for our community. That's a decision we have to make as a board because we can't use fun 10 anymore. But at the same time, if we're going to do this, we got to let the people in the entire school district

062community know this is what we would have to do to keep the pool going. Didn't the community already say no that they didn't want their taxes paid for this >> on the referendum? >> Well, I know they voted down a pool as part as as part of a referendum at one point. you know, the I mean, if you really want to cop out as a board, you could run a special referendum and ask if they're willing to pay 67 more cents per 100 per thousand to keep the pool going. And if the people says no, then that tells us, we have people who are interested in the pool and we have people who think it's a good thing for our community. But if the people aren't willing to pay for it, then what do we

063do? Because it's going to be up to the school district. >> Did we ever find out if we can give back referendum money if we don't levy all we don't spend it? You have to spend it all. >> You cannot give it back. >> Prepayment and not have to borrow so much and you have when you pass a referendum, you have to spend every penny. >> Dr. Barto, is so fund 80 part of the equation or would we have to pull that money from somewhere else? >> I just looked at fund 80. That's a separate fund that we already tax the taxpayers for. >> But the levy can only be what the levy is in this magical equation. We It's a special It's an extra add-on >> isn't part of Okay. >> It's not the

064money that we get from the state and the money that we get from our people to run the school district and have that $30 million budget. >> That's that entity. Fund 80 is this little entity over here that we and that's an extra tax when we have the budget meeting >> September or October. uh >> October, >> we levy an extra $300,000 for the pool. So the question becomes at 300,000 we aren't going to be able to keep the pool open. >> So we >> if it's us, >> but we picked the levy amount, right? We could do $10 million without a referendum. >> True. >> Well, >> but I but are you planning to move to Florida? I'm just >> I'm just trying to be straight up and say this is what I see

065>> and that's a long-term question. >> Yeah. >> I mean, you have immediate questions facing the board. >> Correct. >> So, I'll shut up. >> You could obviously let raise it much less. You know, you could raise it a little bit and try to get the rest in donations. >> Problem is there whatifs. >> I don't know. That'd be a hard justification to people that are really struggling and really struggling to pay their property taxes and stay on top of groceries and stay on top of everything else, their bills and >> right >> that that'd be a really hard sell right now. >> So, you're more in favor of a at least put it to the put it to the taxpayer, ask them >> for a long-term solution. Yes, >> we got to get >>

066But like we have more immediate things I think we have to answer. We were at a hockey tournament and there was a big $1 million donation from the school district right to the ice rink. >> Oh, there you go. >> I was like, "Kelly, how'd that happen?" And she was like, "I don't know. It must have been fun." >> Is there >> I don't know. >> This still goes to a longer term discussion. But in this board meeting minutes from May of 2005, it's discussed um that the county board was approached to contribute 60,000 to no avail. Um and the city of Anigo had committed to funding for 2005. So longer term discussion is there's no feedback yet from the community. They haven't even had that opportunity because we haven't had the opportunity to seek

067input from the community because we're here tonight for the first time. Um and there's other entities. I guess we're I think it's a much bigger discussion. Is the onus on the school district to maintain the aquatic center on behalf of the community? Um is that what the community wants? And now are there other funding sources that would be interested or willing to contribute? But that's a longer term thing because now we still have an immediate of what do we do knowing we can't currently well knowing that we need to make a decision on how we're going to continue to fund the pool at the present moment because how we are currently is unlawful. I >> I know I've heard from at least one community member who expressed the interest in setting up an endowment at

068least for long-term maintenance. But I I don't know. We could let him talk, but we can't. So, >> well, I just want to I don't just on October 26, 1999, one of the the board minute meetings, um board president, Mr. keeper. Um when asked about um operating expenses, he replied that the only thing the board was agreeing to when they approved to build it was to build a pool adjacent to the high school. That was it. There was no agreement to operating expenses at that time. That was when it originated. >> Who used to fund the pool when it was outdoor? County. >> Who city? city. >> The community pool resolution also the bottom paragraph states and main the school board. I'm summarizing on behalf of members of the educational community support a committee of

069private citizen efforts to fund construct and maintain a community pool facility built at the site of the present Anigo High School. Again, this is longer term and historical stuff, but this is going to become a very hot topic, as it very much should be. And that's why I feel like some of this historical stuff and futuristic planning is important to make sure it's noted right now because it's going to receive a lot of attention as it should. Davis, can you tell what the immediate need is that the board needs to consider for a possible action tonight? What the im I mean we know the fund 10 is not to be used for the pool. >> So that's one. >> So where do we go? >> That could be taken. Okay. Okay. A directive by the

070board to administration that makes clear only fund 80 funds may be used going forward for all operational expenses. Okay. Could I ask our administration team to answer the question that should the board go the way of only fund 80 funds are to be used for the aquatic center? What does that look like from the district administration? So we can take these small bites at a time. >> Yeah. >> So not using fund 10 anymore. What does that look like from the administration? what happens. >> So basically all maintenance activities would stop immediately >> because the maintenance person is >> is a fun >> maintenance person with a fund 10 person. >> Correct. >> Okay. >> Fund 80 does not have a maintenance or custodial employee to it. Um so any maintenance and monitoring of the

071building and the system would be done immediately. Same thing with the the current situation for any of the uh maintaining of the the lots and things like that. Everything down to the insurance policy is all under fund 10 right now. So if you made that motion to stop all fund 10, it would pull my staff out of that building and essentially walk away from it. At that point with the complexities of that system, if nobody is monitoring that, it would be a matter of days before that system would likely fail, causing possible um serious damage to systems within that facility. >> What do you mean it would fail? Uh if the if the the heating system were to have an issue like it does on a regular basis um meaning daytoday uh if there was

072no one monitoring that system and could correct it that heating system would shut down leaving no heat in that building. So, it's essentially cutting the power to a building or a home in the middle of winter and expecting pipes not to freeze and not to not to essentially create a >> in theory >> issues that are going to require >> Yep. What percentage of that person's job did you say is >> 25 10 hours a week 40hour employee 25 >> and just to reiterate fund 10 can't like bill fund 80 it's able if he's here 10 hours a week then fun 80 has to pay his 10 hours of that week it has to be a separate hire is this >> sounds like we should OSDPI again cuz that sounds like the most convenient solution.

073>> So if you hired an outside entity that could be invoiced that way, you know, an HBAC company to do that. if you have a custodial or maintenance um person, how it's stated on DPI's website is that um the district needs to document that this individual's employment is based on the concept that the employee has been assigned two separate positions that combined grant full-time employment as defined by the school district. In addition, the district must show that if fund 80 went away, so would the full-time status of that position. >> So, but >> it wouldn't be a full-time. >> Well, okay. So, what kind of concept that's being described there is you could take a position, split it. Halfime is dedicated to the school or 75 is dedicated to the school. Five or 0.25 is

074dedicated to the aquatic center combined, it's a full-time equivalent employee. But if fund 80 were to run out and there's no more funding, then that in theor it has to be set up so that if that were to occur, then that employee would then become a part-time employee. Mhm. >> Now in my opinion that's the concept that needs to be utilized to show that in fact it is a dedicated position to the aquatic center. It doesn't mean that you have to basically send that employee to part-time status. no matter what. It just means that the concept has to be there that if that were to occur and no further action was taken by the board or administration that the employee would be part-time. So if you play it out in that way fund 80 goes

075away that 0.25 25 position drops. There is nothing that says that administration couldn't then look to see if there were available positions within the school district still to basically reoffer full-time employment so that there's no gap. >> When we authorized fund 80, did we specify where the money goes? Like if we just decided we could either just zero it or we could send it all the football team. >> That's not a community thing. >> Yeah. It needs to be towards community service operation essentially. >> Pickle ball. >> But no, every everything has always gone to the pool. >> Yeah. >> Why don't you talk about the board? >> Well, okay. Yeah. Go ahead, Jake. I just want to comment on the structure that was laid out for example on the employee being portioned for the

076district and a portion for the aquatic center. Well, that would be a wonderful luxury to have. Um the the reality is the needs of the district and the educational facilities need that full-time employee. I would never support or recommend to consider taking that full-time employees position and reducing it to then be able to make room in his schedule for the aquatic center portion. The reality of how we operate that right now is typically through overtime and a balancing act between trying to make sure that we do everything that we can to make that work. It's not as black and white as just saying 25% of ex employees or exposition will be here or there. It does not work that way in reality and I would never support that structure. And what you're so what you're

077saying is essentially you don't you have a staffing shortfall in the maintenance department to support that type of setup. >> Correct. >> So okay. >> Is there any percent you could support like that Jake? >> No. >> Also that's not in the budget. I'm not saying that it can't be. I'm just saying right now you're operating at a deficit and that position is not in the budget currently. >> My interest is solely on take my top priority is solely on taking care of the educational facilities. that is the top priority for me and my staff and I will not put that uh in jeopardy to make a structural change to a staff's assignments and then possibly leave the district and the educational facilities and the children short to ensure that the aquatic center could have

078dedicated time. I would not support that. Is there someone they could train at the YMCA who could do it? Like a rotating person who travels to all the YMCA pools? >> So, when I spoke to the YMCA about that, um they do not work for um they do not include maintenance within their contracts. They did express because there have been a lot of concerns around the custodial needs and cleanliness of the building and the need for increased custodial um support which again is also not in the budget that would have to be added. Um they would support being able to talk about that in the upcoming contract um which again would be then an increase within costs. >> And when is that contract due? >> June 2026. >> Okay. So soon. Correct. >> And so

079there's the issue Jake raised about if you pulled the maintenance guy, which very likely to be necessary, the building's going to suffer harm. But then there's also this the issue of the door. So even if it stays open, you're going to have to expend funds to fix the door >> or take the donation, >> right? But then there's going to I would want it to be very clear to protect the entity that okay but there is no assurance that this building is going to remain open for x amount of years. Because unless you the board has a plan to financially fund it and make it viable. >> Which board? >> This board. >> Okay. >> And people can do whatever they want with their money, but that's throwing good money after bad. If the inevitable

080is okay, the door has been fixed, but the building is not operating at a surplus or even breaking even. >> So, um, >> we shut down the pool. Not that saying that we're that we're doing that, but if the pool were to be shut down and be no longer operating to the community, is it then just a district building and then fund 10 could support maintenance >> for you know question >> sale or something like that because if we pull my it sounds like if we pull the maintenance it's the building would be ruined completely. So if we're trying to support the building to stay operational for something >> interesting question >> biased sometime >> have to consider agreements that are in place >> and memberships that have been paid and obligations that the district

081has committed to. Is there a deadline provided by DPI to rectify this? >> We don't. >> It just shouldn't be happening. >> Correct. Yesterday >> never should have started. >> So, is there a potential that DPI would be willing to work with us to seek a solution to get in compliance with the use of our funding sources by the end of our fiscal year? So, we are acknowledging that we need to make a change and also acknowledging that we're between Iraq and a hard place. Give us some time to work out a solution, get community feedback, whatever. I mean, like >> I I certainly can you can always ask. I I would not put any eggs in that basket. So I think >> yes. Go ahead. Go ahead. >> To make sure I'm understanding all

082of this correctly, we went to DPI on this. Correct. DPI didn't come to us. We wanted to ensure that we were understanding. >> The question came from the pool board that said fund 46. It's the district's building. It's your building. You have fund 46. You pay the maintenance. Jake and I are very familiar with fund 46 and the rules that go with that. We said that is not in compliance because it is a communityrun program that is run in that building. That's the primary purpose of the building. They wanted us to check with DPI anyways. So we had numerous um meetings with them which they said exactly the same thing that district fund fund 46 cannot be. So that's how DI that's how DPI has gotten involved in this conversation. Through those conversations, they talked

083extensively about how fund 46, fund 10, all of those designated funds cannot go to a community service program. If the pool was no longer in the aquatic center, they gave the example and that was not primary the primary um goal of the building or primary use. If that changed to something else that was primarily for the school district, then it changes the regulations on the funds that you can use for that building. So it has to be focused on what is the primary use of that building and that's how to determine what funds you can use. So, it sounds to me like being a part of the school district is creating just a headache for the pool board, whoever that may be, and the pool in it in it of itself. Like, wouldn't it be

084easier just to break apart from the school and just be its own nonprofit entity? I mean, my this is then you don't have to worry about DPI. You don't have to, you know, then you can have the endowment funds, you can have right for grants, you can do all that stuff. But without all these rules and funds and all that other stuff that's complicating this to no end, >> but then they lose their fund. >> Then they lose >> there, right? There's no public funding. >> Yeah. >> Correct. >> So then that makes their problem twice as bad. >> Well, okay. So their problem is your problem. >> Yes. >> So I I want to talk about this issue which is Let's just talk generally. This board has committees. Committees meet. They notice when they

085are having a meeting. They keep minutes of their meetings. They have reports given to this board. Correct. >> Correct. >> When somebody wants to join the committee or there's an opening, does this board approve the person to be on that committee? >> Yeah. They're appointed by the president. >> Okay. Have you ever appointed anybody to the pool board? >> No, sir. >> Okay. Have you ever is this board ever received a a report out from the pool board? I think I asked that earlier. >> No, sir. >> Has this board ever seen meeting minutes? >> No, sir. >> But did we ever ask? So the board the pool board being a there is some records in here in the in the district's records that support that it is a entity that has been created by

086this board under this board's governance. Um, I remember seeing at one point there being a reference to the creation of the pool board um by this board. Even in these minutes, it talks about that there shall be a member of this board appointed to the pool board as the design to serve on that committee, which I'm understanding none of you do. >> No. So what you have in just on a basic public governance um level is violations of open meetings laws, open records laws and there is no oversight by this board. So the prudent thing to do and my advice to this board is to take back the authority that you've delegated previously to the pool board and reassume authority over the the aquatic center. either create a new committee or assign it to buildings

087and grounds or a subcommittee that is under buildings and grounds. But at the very least, my advice is that this board needs to take back control of of its building so it can start to understand how it moves forward. And I I would also have a directive if there were to be such a motion to take back the authority. Um that there also be a directive that whoever the supposed chair is of the pool board return all records in their possession because from what I'm understanding from Kelly is that we don't have any of those records. >> What what if they refuse to do that? >> Um that's a good question. Is there legal recourse that we would have or >> So there is potential >> I don't know >> there is potential liabilities that

088exist for um frankly a many individuals whether they're on this board or on the pool board for open records meetings um use of funds uh the refusal to return records that are should be in the custody of the district. Um off the top of my head, I'm not sure exactly what your recourse would be. Um I would there there surely is some. Um, I don't know what types of penalties, if it's civil or criminal or simply an injunction action to require the production of the documents. >> Are you were you saying, Davis, you thought the pool board is technically a schoolboard committee? >> It absolutely is. is even there's no members of governmental entity on it. So, >> but it was created by this by the unified school district of Ano board of education created

089that entity and regardless it's your building. >> So, okay. So, which one of these says we created that entity? Um on the resolution I believe >> it says unified school board of education on behalf of the members of the community supports a committee of private citizens doesn't say creates a cit creates a committee of private citizens supports a committee of private citizens and maintained a community pool built at the site of the high school. Further, Anigo support is further identified in that a board of education member will serve on the pool board of operations once built in use. But it's also understood that this is not binding on future boards of education, which means we didn't have to do it. >> So, it's just some entity sitting there. We didn't necessarily create it. It's just

090a group. It's a group with I know I know what you're trying to give structure somehow. >> I know for a fact I've seen a previous document when this initial discussion occurred between staff and myself that there was a discussion occurring within board of education meetings about the pool board. And if even if you are correct that the pool board wasn't created by this board, then this board, this entity has a larger issue of not overseeing its publicly funded buildings. So at some point the buck still will fall back to this board. >> So if historically the director of finance has been liazing with the pool board, which is what happened with Mary Joe and with Tim and now with Kelly, we were still overseeing it. >> How have you overseen it? >> The director

091of finance. The same way we oversee all of our administrators. But everyone on this board has never received any information. >> Is that how you want to continue to operate? >> I don't know. We operate like that all the time. >> So, is that how you want JD? I'm serious. Is that why you want Is that how you want to consider continue to operate the pool? >> No. >> I mean, we can surely do better. And I've had, you know, George has been calling me or Mary Joe. They said we should come talk to the school board, but we never got it on the agenda, >> which is not necessarily their fault. >> Did you request it be on the agenda, Judy? I did not. >> Okay. So, I think that's a fair point to

092make sure you share that that may have been requested to you directly as a board member, but you also didn't follow up on that request to in fact request it become an agenda item for the board to discuss. No. >> I did request for anything dealing with the which is very vague and I understand that it was not super professional, but I did request aquatic center business to be on the buildings and grounds committee agenda. Nothing came of it, but I did. >> Thank you for sharing. It seems easier to work with the current board because they know what's going on. >> Who is that? Who is that? I don't >> I don't know. I'm >> I don't know. Assume it's Mary Joe and Mary Newfeld and >> be really advantageous for our community if

093um the animosity that's very much felt in this build in this room right now were resolved and and we could work as a team too. I mean ultimately we all want the same things for our community, right? The betterment of of our community to provide services. Obviously our priority is that high level education and being fiscally responsible, prioritizing academic achievement. This is this is a a tangent. I understand that. that like this back and forth negativity and stress and tension that's felt so easily amongst this room alone, that's not going to get us to where we need to be either. So, I'm I'm as one board member not offering a solution, but I'm certainly saying as one board member very willing to work with those that have active involvement in the pool operations in coming

094together to seek a solution together, but certainly not pointing a finger of it's your job, it's your fault, it's you to come up with funds. We don't even know what our own community wants. But Davis, we cannot go forward and spend another dime from fund 10 because that's against the law. >> Correct. >> To the extent generally speaking that you're using it to to fund its operations with the example that Kelly provided of situations where you have a class rent the space that exception. So, I guess what I would like to see happen is that we the board makes a motion to schedule an another meeting almost immediately. Um, and so we can open the conversation up and know what what our options are, what everybody else how they feel. I don't feel comfortable making

095any decision regarding opening or closing that building without having further information from the city, from the county, from the pool, taxpayers, >> from taxpayers, >> and it doesn't really matter who dropped the ball at this point. We're in the situation. So it's it's critical >> and has to be addressed like >> so I would I would make the suggestion that the board um moves to set up another meeting on more of a open forum type conversation. I'm I'm not sure >> with who? >> With the pool board to start. >> Okay. Okay. >> Well, could we not assign someone to be the head of that head of to have a pool board committee or put it on buildings and ground and have a representative and then it's not a full board meeting and they can

096report some of this information. That way you're not >> I don't know. >> Well, >> then you're starting that committee out. Well, I I think that that's a great idea except for we're at the point where we have our attorney saying you cannot spend any more money on maintenance. >> We have a door that has to be replaced or we're looking at being turned into the state possibly shut down. >> Um and out of compliant I don't know what if there's any recourse to being out of compliance with any of this and continuing on with it. So, I mean like that's a great idea except for I feel like we're past that. Unless >> we have to address some things immediately. I don't know. >> I know I already planted the seed earlier, but DPI's

097been working with us through this. So, could our course of action be that we work with DPI to come up with a resolution? I cannot advise the board to leave tonight without a directive that no more fun 10 monies be spent. That's not Could a private donor pay your person overtime? My staff cannot be on an overtime basis to cover the pool's needs. It has to be structured within their expectations to be dedicated here, dedicated there, and it cannot include the overtime. So, no. And that's posted on DPI, not just Jake's interpretation. >> But he could be a private entity, a private contractor, >> right? He wouldn't be hired school district. He'd be hired, you know, like a second job. But then if something goes wrong, is he responsible or >> So if some if

098in theory somebody hired someone to go perform work at the pool and that person who doesn't work for the district were to do something that caused a malfunction and there were damages, the district would have a claim against that person for potential negligence. Um I these are all creative ideas but I you put them into practice the liability at I can't certainly if someone wants to do that great I just can't imagine it being a feasible >> well we as a board would have to approve that position and approve that hire because fund if even if they're going to be paid out of fund 80 >> that's our fund 80 >> what JD is so therefore We would have to approve that position and that person. >> I think what JD is suggesting is someone

099just goes out and hires somebody >> like we contract provider to do the maintenance. So, we'd have to approve it. >> In theory, yes, you would have to I mean, you would want to approve who's coming into your building >> to do the work. >> I just don't want to ruin a $20 million building over >> We can't We can't shut down that building. You can't have it be functional. So, I guess it goes back to the if we close the doors, is it a district building and we can use fund 10 because how well if we can't do the maintenance like and it's going to shut down within a week. I understand we have contractual agreements but we >> it' be funny. Shut it down for a whole year, do all the maintenance and

100let it go over 10 more. >> I wouldn't do that. I'm just trying to not have a building go to waste and I don't know how else to do that. I guess >> explain explain the part about the so when we send Jake's guy to mow a baseball field >> how is that allowed >> that's used by the school primarily by the school >> or baseball practice >> correct >> or barely any time at all but we're still maintaining it right three hours a >> day for two months. >> So that's hardly the same. That's the same thing we're doing with the pool. Granted, slightly. >> No, it's our people that are going to do the work >> in the pool, but it's our >> doing the work at the baseball field. >> Correct. >>

101That we've done a contract with >> with the city about the >> the baseball. So you're saying so we own no we don't own the base any baseball fields we own >> we own one out here >> contract >> it's worthless >> so we aren't paying for a baseball field through fund 80 that's used by the community so it's not the same thing as what we're talking about because we're talking about a districtowned building that's funded through fund 80 that the primary use for it is a community service program. >> So if it were a mini sports complex used for sports teams and if I had classes, that would be a fun 10 thing, right? >> If the primary use, again, I'm just going to repeat what DPI says when we ask those questions. If

102the primary use is for the school district, then that would be fun 10. And if a community entity like let's just say pickle ball or >> Yeah. um whatever would want to come in and rent it for an hour, that's that's how you can disagregate the difference. >> But if it were an indoor pickle ball court for the community, I mean, it would operate the same then as it currently does. Like it's a community service. It's a community building. >> We can't we can't raise fund 10 right now or fund 80. You said we only can do it in October. Mhm. >> Yeah. Cuz we that's the budget hearing. Yeah. I think it's important and I know Davis has more to talk about um what we need to do as a board um with the

103board, the pool board. I think that the pool board should meet with the board or with a committee of the board, but I think I hope that the members of the pool committee realize we're in a pickle cuz we can't use fund 10 and we can only use fund 80, fund 80. And therefore you as pool board members hopefully you can come to this meeting that we're talking about that you have ideas how we can do things with fund 80 because we can't do it with fund 10 anymore. And I think we've been doing fun 10 stuff to since 2004 because I'm sure that's the way it was set up right from the start without knowing that at some point in time DPI was going to say no no no you can't do that that's

104illegal and as board members here we now know it's illegal we can't let Fonten be used so I would say to that committee If you want to come and meet with a group or whatever, you're going to have to help us come up with ideas for fund 80 and where that money is going to come from. And right now, minus funding from the community to keep this pool going, it's going to fall on this board to tax for, which is what I brought up earlier. And if that's the only solution, then this board will have to make a decision. And I said, well, maybe we put out a referendum. Do you want to pay this much for the pool? You know, it's this is a really we're in a bad spot and with prices going

105up and maintenance that has to be paid for. I mean, just like I said before, 300,000, but the budget's like 650,000. And where does the other three 350,000 come from? Well, right now, some of it's coming from fund 10, and we can't do that. So, so that's kind of what I'm saying to people on that board. You got to you got to come up with ideas to help us with fund ad and or come up with an endowment plan that will solve the issue of maintenance going forward. When I threw out that million dollar a year, 300,000 of it was for future maintenance. >> Hold on. So, if we get a donation to pay the maintenance person, is that money to work on the pool? Is that no longer money from fund 10? So now

106it's nine because we're paying the person with a donation. >> It goes back to the structure of the employment agreement. >> Yeah. >> So it doesn't matter where the money necessarily comes from in that case. It's the structure of the employment agreement with that employee. >> Current immediate issue isn't financial. Our current immediate issue is a personnel issue. >> Yes. >> Right. You don't want to shut the pool down right during swimming lessons. Right. when they're finally the whole town's going to go use it for the next 3 months with all those little kids. >> I mean, I'm not necessarily hearing anybody saying they want to shut the pool down at all, but yes, let me hear you. It's a busy time right now for the pool. >> So, another thing that I I heard

107was Davis, you were talking about how we're out of compliance with the open meetings laws and stuff like that with the pool board. So that >> only if we created the committee. >> We don't know that for sure. >> Well, >> right. I read you the language. It says we support the creation. Does not say we created we support a committee of private citizens efforts to fund, construct, and maintain a pool. It doesn't say we did. >> Okay. Well, >> a board of education member will serve on the board of operation will serve. So, I mean that's pretty direct. >> One school board member on a board. There's no quorum. >> Well, that's my my thing is like do we need to have this group create you know the by their bylaws and post their

108minutes meetings and all that? >> Let's just go to the simple nuts and bolts. >> Okay. Kelly, at the discussions at pool board, does it talk do they talk about use of public funds? How you guys are going to allocate money? >> Yes. >> Decisions being made about that? >> Yes. >> What? Taxpayer money? >> Yes. >> Okay. So there is a entity whether it's been created by this board or not that is deciding about the use of public funds >> and that's fund 80. >> Correct. >> Mhm. I would think any taxpayer would want to know that if such discussions were being had that those meetings were be noticed, would be open to the public, that there would be records made, records kept, disclosed, available. I not hearing that any of that exists. >>

109That might be true, but they probably have records and if somebody asked, you could theoretically go see them. So this board is the fiduciary of the funds it receives and it is this board's responsibility to account for that. And it is this board's responsibility whether it's as a whole or individually because there is such thing as misuse of public office which is a crime that this board is responsible for the use of public funds. It cannot delegate that to some entity that does not comply with any of its own governance. >> Okay. So, you spoke earlier about us making a a motion, I think, to um I guess kind of like take back the oversight or whatever. Then, can we work with the group that is operating now to get them I don't know, set

110up formally so that they can exist. But we still have we have the oversight now that we all know that so that we're not >> it is my understanding that somebody had a big document that never got signed >> some sort of entity structure corporate. Have you seen it? >> I have not seen it. >> Somebody meaning like somebody school district or >> George told me that this existed. It never got signed and he's seen it. He sent it to a lawyer. This was like months ago, three months ago, but it just took them that long to get to the board. >> But well, that's the problem here is that nobody knows what's going on. >> But we won't let them talk. So we're >> because at the end of the day, we still have

111to figure out what we're doing with the building itself, >> right? That's what I mean. In one sense, I feel bad, but it's been we've been doing it for 20 years. So it's not and we turned oursel into DPI. It's not like Milwaukee can't even pass their audit and they don't get any consequenc I cannot stress enough the potential liabilities that exist if the board in light of the information it has right now decides to continue to misuse public funds. >> I will not support that. >> Neither will I. >> No. >> We can't. It is not simply a situation of well this has happened for so long we're going to keep doing it. It's that is not the the these are tough decisions that have to be made. There is simply zero outcome that

112is good here. Your outcomes in my opinion are you close the building tomorrow, you drain the pool, you drain all the systems, you winterize it, and then you figure out how you're going to move forward, and you address partners and other community agreements that are in place. Um because you can't use Jake's maintenance guy starting tomorrow to continue to maintain the building >> unless we do Christian's idea and only let students in there. >> I don't know if that is a viable option or not. Um, I don't necessarily dislike the the thought, but I think you're going to have to really clear that with DPI and also be indicating that this is actually going to forever now be used. It is our intention that this is a educationonly building. >> Can it be an educationonly

113building for like a couple months till we figure something else out? So >> I would say the only outcome would be a sale. >> Yeah. >> So um so that's one option. Second option could be you use the $150,000 of money left to hire uh a maintenance an outside maintenance company to come in and perform the maintenance that would be normally being done and you use that money until it's gone. Hopefully there's enough there that in the meantime a reasonable plan can be developed to um figure out how the building is going to continue. >> And then there's a another issue of who's making these decisions. In my opinion to this board, it should be this board or committee that reports to it. So even if we were going to do that, we'd still physically

114need a person in there tomorrow. That's you'd have to hire a maintenance person. It's just not like a 10-second process, I assume. I >> Yep. We would also need a maintenance person to do to drain it and winterize it and do the things in option one. Correct. >> And that person wouldn't be able to do it. >> Correct. >> Does the 150,000 Where is that money that you're talking about? >> That's what's left in basically fund 80. And then would there is that I don't know what a maintenance company would cost but we also would need continued money for supplies pool chemicals whatever >> utilities right >> all the things >> the third half of billing that's coming from the YMCA >> yep the bill rest of the billing from the YMCA I don't know

115what happens with memberships if that you have to give money proration back to people I don't know how that works But um part of your revenue is memberships. So you know when you're talking about using the rest of the fund balance for those things, you're not going to have any additional revenues coming in that isn't the 300,000 from taxes. I think we all are on the same page over like none of us want to like close the pool down tomorrow. It's not like we have some, you know, just for transparency and stuff like that. Like I but I on the flip side of that like I don't want to be misappropriating funds, you know, now that we know what's going on. That's we can't move forward like that. I don't care if we've done it

116for 50 years. We can't keep doing things that are illegal, breaking the law. That's essent in essence what we're we would be doing. I'm not putting myself on line for that. Davis, we go down the road that Jill has brought up with contacting DPI for permission for XYZ. What is the turnaround time for DPI to bring an answer? Historically, DPI takes >> a long time. >> Oh, yeah, >> they do. I >> So, we've been in communication, so maybe that helps us. >> Yo, that's true. >> Pulling it strings here. >> Yeah. >> It doesn't serve your immediate issue. >> It does not. >> Okay. So Jake, if we go with option two and we try to use the funds that we have, what is the likelihood that we would get someone in there that

117can do what needs to be done in the time it needs to be done? >> Following board policy? None. >> Meaning we would have to Yeah, we'd have to put out RFPs, do a interview process, and then bring it to the board for approval. Do you ever drain the pool? Can you just drain it and fill it back up or is it like an oil well it's screwed up forever after that? >> We've never had a situation where we winterized the pool. So, I can't answer the details to what that would impact or do. We've drained a pool, excuse me, >> to perform maintenance and then refilled it, but to shut down all the systems and then just walk away from it, we've never done that. >> So, it would presumably not go that well.

118>> Very likely not go well. And I would have to say I don't think it's crazy of any of us not to feel too approached legal ramifications for any decisions we make up here. Um we all have families to go home to and if we're unknowingly breaking the law, I don't think that's a crazy decision that any of us would have to be making >> and continuing to use is knowingly breaking the law. >> Correct. to which we've routinely been targeted and accused of not being transparent. So, I feel like it's I mean it would be really um and not a smart move in general ever. Well, the recommendation from our legal council is obviously we have to not spend one penny from fund 10. $150,000 with the aquatic center our size would be gone

119quickly, right? Um, >> yeah. I don't know how much it costs to um pull in outside entities for HBAC maintenance, all those pieces. >> Utilities. >> 10 hours a week just isn't very much. Would you say 10 hours a week or 10 hours a month? >> 10 hours a week. Well, that's >> So, if we would shut the pool down and resume complete control of the building, are we then able to use fun 10 to as it's not a community purpose building anymore? >> I'm just trying to buy I'm just trying to buy some time. >> I don't think we can flip. >> Well, that's Yeah, you can't do that. You can't, >> we'd have to say forever it's going to become >> an educational >> if we were going to be maintaining it as

120a >> Okay, >> you can't get cute with it. >> I think JD brought that up. Somebody. So, we need to entertain a motion as to where we go from here. >> Um, yeah. And I my recommendation, my legal advice is that there be a decision made tonight on two points. Governance of this building going forward and two, the funding of this building going forward. And the only way that funding could come through fund 10 is if we use it for educational >> only not my um I guess recommended motion on that point would be something along the lines that there be essentially a motion made that um administration be barred from using any funds from fund 10 for purposes of operating the pool or only funds from fund 80 to be used to operate

121the pool. >> The pro So then are they never allowed to talk about the pool? >> Yeah. >> What do you mean talk about the pool? >> Kelly is a fund 80 employee. So if she talks to someone about the pool, she's now violating our motion. >> She's a fund 10 employee. Sorry. She's a Fun 10 employee, but if she does says anything about the pool >> during her workday, she's now violating our motion, right? >> Mhm. >> Yep. >> So, um, we I I think Kristen just leaned over and said that we need to look at the governance of the building first. Um, Davis, I don't know how to frame a motion. I don't know if anybody else knows how to frame a motion about the governance of the building. Um, if you do

122forever or start speaking and we have our legal counsel to help frame this motion or the governance of the building going forward, >> how do we get paid? We get paid on fund 10, don't we? The board our thousand dollars a year. So, we can't talk about the pool either. It's a building that is owned by the district. You are allowed to talk about it. >> Administration also talking about something is different than directing time, resources, and attention to the degree that you're spending substantial time. If Kelly or Jake are sitting in their office and they have a thought about the pool, they're not violating the law. I mean, we can be realistic here, JD, about what is at stake in terms of the real problems that are presented to this entity and trying to

123work towards a resolution of that. Or we can continue with discussion about small matters that are serving an argumentative discussion about what actually needs to be accomplished here. And that is in my opinion that this board needs to take back governance of the building and direct that no more funds from fund 10 can be used to operate the building. I'll make that motion. >> Hold on, Dr. Bartto. She did mention already that she will make a motion. So, we have to honor honor that and then we can have discussion of the motion that's on the floor. >> Okay. >> I'll make the motion that this board >> Diana, can you be sure to write this down? >> I'll make the motion that this board become become the What was what's my mind's drawing a blank

124is now you put me on the spot. >> Governing body. >> Governing. >> Yeah. Governing >> I would say this board reassert full control and oversight over the McKenna Aquatic Center. >> Yes. and that all previous records related to its operations be turned into the district's clerk, which is Katherine S. >> That >> I need help getting that all. Sorry. >> The board reassert control the money out of this one. >> I can't make the motion. >> Well, he he hasn't said it yet. So >> I know >> you're my understanding is correct. You are moving for this board to reassert control and oversight over the operations of the McKenna Aquatic Center. And that all records relevant to its past operations be turned into the board of education clerk Katherine Solen. Angie, is that your

125motion? >> Yes. >> Thank you, >> Diana. Did you get that? Because I did hear Nathan typing over there. >> The what I put on here was the board reasserts full control and oversight of the aquatic center that all records relevant to past operations be turned into the board of education clerk. Is that correct, >> Katherine Solen? >> Yep. Mhm. >> Okay, that is the motion that we have on the floor. Is there a second for that motion on the floor? >> Second by Bobby. Motion was made by Angie. The motion, Angie. We make this. We pass it. Who then calls tomorrow to try to find a maintenance person to spend the rest of the $150,000 to try to keep the pool going for a little longer and accepts George's donation. If we don't if

126we just bar ourselves from fund 80 but leave the pool board running for now so they can hire someone. >> They don't have the authority >> to hire. >> That's the thing. >> No one's telling them they can't make phone calls and if they have a true passion to keep this running that they can call administrators and give ideas and give names. They just can't do the actual hiring. I'm just trying to get us back into compliance and on the correct path. So, let me just make it clear to everybody that's here that's for the the pool that I by saying that I by no means meant that we did not want to work with you and that you know anything like that. I'm trying to get us back into compliance. So, let's >> first

127yes. If that means that we're getting bylaws set up and all the, you know, tees crossed and eyes dotted, then then that's what that means. But let's get us back into compliance with as much as we can be, I guess. >> Okay. Just want to remind the board that there is a motion on the floor and all discussion must wrap around that motion that's on the floor at this point. >> We can discuss. Yes, the motion can be discussed. Well, let me Angie, do you want to say anymore because you made the motion? >> No, I just want to make sure everybody knows that I for one, I'm willing to have conversations and work okay with everybody. >> Bobby, you seconded the motion. So, you have the second opportunity to speak in favor or against

128the motion. >> I'm in favor of the motion. >> Is do you want to add anything to that? >> Um, just >> you can reserve for later if you would like. I just want to reiterate that Davis did um break this down in two parts for us. And so this is the this is the motion one for the governor. >> Correct. >> Yeah, >> that's all. >> Jill, I think you wanted to have some discussion now on the motion. >> I just have a comment that I'd like to make. Sure. Which is just simply that um I I'm serving in my second term on the board. This is hands down the most difficult, heart-wrenching decision to make. Um, and I anticipate or um, yeah, I anticipate that I will unfortunately vote in favor of the

129motion on the floor based upon receiving notification by our legal representation that we as a board have unknowingly engaged in misappropriation of public funds. And it is our fidiciary fidiciary duty as school board members to only use funds in a way that they are intended to be used. So although this is heart-wrenching, um I have to vote in favor of the motion to ensure that we are no longer although it was unintentional um acting unlawful. >> Would anyone else like to have discussion of the motion on the floor? >> Kristen, >> I feel like we just have to have a little bit more direction of what would happen next since we are on such a time crunch as to whether this would be a committee. Um, if we would just have one board member on

130the current board, what is that going to look like? >> Well, according to the motion that's on the floor, it is this whole entire board that's part of this. >> Yes. >> Taking um what was the word that you used? >> That doesn't necessarily it has mean it has to be all of us because we are all in charge of the building and grounds committee, but we're not all on the building and grounds committee. >> Correct. But the motion does read that again. currently states that the board reasserts full control. >> The board so it's the entire board that reasserts full control >> and you can once that >> power is reclaimed you can then redelegate it. >> Correct. >> Does that answer your question? Well, I'm just thinking that that needs to be are

131we after this if this motion passes, are we then going to address that right then and there as to what is going to h how that's going to look because >> Sure, we can. >> We're on a >> We can. >> Yep, we can. We're on a tight timeline. >> Any other questions or discussion based upon the motion of the floor? I just want to thank Jill for saying this is one of the hardest um things because as a newish member it's really hard especially not hearing from from anyone on the pool board. So I appreciate that. >> But they can be part of conversations moving forward getting back. >> Right. Right. Right. Yeah. >> Just want to say that again. Yeah. Just want us to be in >> Yeah. >> get back into compliance.

132Well, and ultimately the district has been making the decisions of of using two different funds to fund the pool. So, it's not like having a discussion with the pool board would have resolved this and that we could have come with a resolution. We still have been funding it from two separate funds that we can't. So, in all fairness to everybody involved, it's it's our responsibility to fix now the known unlawful behavior. And there there isn't the pool board couldn't have helped fix it. >> Correct. >> Or make it go away. >> Any other discussion? Nathan, are you ready for a vote? Does everybody have their voting device? >> Everyone should have their voting device. >> Make sure your name is on the back of your voting device one time. >> Yeah, that is yours, Angie.

133I have not been able to change the >> Okay. >> So, I apologize. >> Okay. >> Catherine Sen. >> It is mine. >> Katherine Soulen. Yeah. I will >> Oh, there. Yeah. >> S O L I N. >> S O L E N. >> A N. Is it a N? >> S O L I N I N I N. Okay, there we are. There we go. I apologize. >> Okay. So, the motion is the board reasserts full control and oversight of the aquatic center and that all records relevant to past operations be turned into the board of education clerk Katherine Solen. That is the motion before you. The voting device is now open. Would anyone like to change their vote? The vote is now closed. And the motion carries. Now, what we can discuss is

134what uh Kristen had talked about. Do we want the entire board to be a part of this? Do we want to put this on uh Jake Lightiderman's building and grounds committee uh to be the one that is overseeing this to report back to the board? Uh Kristen, since you brought up the idea, can I uh tap your shoulder and get your thoughts? >> I would out the back struggle if it's needs to go on financing or building and grounds. Building and grounds seems to make the most sense because of the personnel component. Um and as we always argue almost everything could go into finance. Um my concern is if we leave it as a full board discussion it is very difficult for all of us to get together and if we are on a time

135crunch and trying to find times to get something accomplished um although we can't make a full decision decision without the board I get that. Um I think committee structures makes more sense for that from the timing aspect. >> And you mentioned two different committees, the finance committee and the building and grounds. Is there a preference of where you would like for this to fit? >> I would say building and building and grounds. >> Okay. >> But they have a lot going on right now though as it is. So this is this is hard. >> Okay. Dr. BTO. >> Um maybe the a good thing to do is to have volunteers, three volunteers from the board to be the committee to meet with the board um the pool board and they uh I would say three

136volunteers. They meet with them and then they report back to the policy committee. >> You mean building I mean building and grounds. >> It's getting old for the 74 year old. I'm sorry. >> Dr. Barter, would people on the buildings and grounds committee be eligible to also >> Sure. I said three volunteers. If it wants to be the building and grounds committee that it gets reported back to that would if that committee wants to be the group to meet. Okay. But if if not then you know there might be volunteers on the board that care about the pool and and want to work with that former committee. >> Okay. Thank you. >> I I would say uh Dr. Bardau with with Kristen's idea of putting this through the committee, we should just let the building

137grounds committee take care of the workload. That's meeting with the former board of the pool committee and those that want to meet with the building grounds committee and the building grounds committee consists of myself, uh, Abby, Maddic, JD, are you on that? >> I don't know. I never go. >> You are. You are on. >> Yeah, I think you are on there, but yeah. And J Die. and then Angie Shriber. So that would be the uh people that would come together and meet. Okay, Jake. Uh just a thought being timesensitive, would it be appropriate to have discussion on when that meeting would be? Now. >> Okay. Uh board committee members, what >> possible? >> As soon as possible. as soon as >> 24 hours notice. >> You got to have a 24-hour notice for it

138to be posted. So, the as earliest as it can meet is Friday. I don't know who wants to meet on a Friday night unless you want to bring your fish fries with you, but this is very serious nature. I'm willing to meet on a Friday. >> I'm fine. I can do it. >> Shall we meet at six o'clock on Friday in this room? >> Is there any way we can do a little earlier since it's Friday night? Um I I do have a commitment from 5 to 7 on Friday night. >> Okay. >> It's Friday. >> Since can we ask pool board people when they could actually come? >> Well, this is our committee and we will invite them to show at the time and hopefully they'll show up. Angie, how early can you meet

139on Friday? Um, I have an enga uh an engagement from like 2 to 4. So other than that, I'm available. >> Yeah. So I could do late morning if if that works for everybody else >> earlier in the day. >> That would not work with Abby. Okay. Because >> I can get here at 4. Okay. >> Guess I'm out of town. >> 4:30. Maybe >> we could do Monday as well. Monday's our board meeting. We >> have to ensure that now prior committee members or board members are willing to meet. >> Can you have an emergency meeting with less than 24-hour notice? >> No. >> Before the board meeting be a possibility. >> Monday before the board meeting. The board meeting 6:15. We could potentially meet at 4 or 4:30. >> That works. >> That

140doesn't push you too close to time. >> I'll get here. >> Okay, JD. >> I don't know. >> I only got a month left on the board anyway. So, >> you see, >> come on, JD. Go out strong. >> 4:30 Monday. I can do that. >> 4:30 Monday. Dion, if you can get that posted >> and um Jake, I'm sorry. Yep, that works for me. But a follow-up thought was, would you want to put something on the agenda of the board meeting then as a update >> report? Yeah. >> Uh, we can >> or possible action. >> It can be in your building and grounds unless there is possible action from that >> um >> which there would be because of of the nature of the time is of the essence with things. Okay. Yes,

141we can add to the board agenda on Monday. Now, >> can we Jake Jake to just request a bid for maintenance? >> So, we could theoretically have that by Monday. >> We can he can he can get a some some thoughts of what that cost would look like. >> Maybe the hot tub guy in at the Slumberland will do. >> They require how many I'm sorry. >> Three bids. >> Seriously, >> maybe at this point >> and Jake between >> that can be a request that we can make to our building and grounds director. I don't think it's realistic or appropriate. >> If he can get it, that's fine. If he cannot >> wow >> within 72 business days to get a really bids from three different it would be great if you can. >>

142I'll do my best. businesses. >> So after this meeting is over, we'll talk about the agenda for that >> meeting on Monday night. >> Okay. >> Davis, is there anything else that we need to take action on tonight? >> Yeah. On mey old woman. >> We have one more thing. >> Jake, is there a way to get some air movement in this room? >> I I I will Danny, I will make the motion, but I want to clarify something with Kelly before I make the motion >> for the funding portion. >> Yes. >> Okay. Clarify, >> Kelly. All right. I know. I'm going to make a motion that we only use fund >> 80 to for the pool because it's a community source. I know that fund 10 can be used, you know, like when

143we're paying for time within this in that building. No other funds can be used. We have all kinds of funds like 46, we have 27. We can't use those. Correct. Okay. So, here I'm going to make a motion. >> Nathan, get your fingers ready. >> I'm ready. >> That It is on the agenda, sir. David, go ahead and make the motion. At the directive of our legal counsel, I will make a motion that going forward that only fund 80 will be used to pay for the um operations >> the operations of the um Clara McKenna. Clara McKenna Aquatic Center. I I couldn't think of her first name. Um >> operations means >> everything has to be paid by Fund80 and that fund 10 is only used for services that we pay for for pool time

144for our student and student athletes. and no other school district funds will be used. And the reason I And I need a second, but then I'll talk. >> Wait just one second. Nathan, did you get all of that? >> Let me finish this here. >> So, >> his fingers are quicker than >> Please correct me. >> Yep. How how you want this read out going forward only fund 80 will be used for >> No, I started it with at the >> at the direction of legal counsel is how I started it. >> Thank you. The direction of council >> only fund 80 will be used for the operation >> will be used for the operation of the Clara. >> Yeah. McKenna Aquatic Center fund 10 will only be used for pool time that we pay

145for students and for student athletes. Kelly. >> So if there's adaptive FID, that would be fund 27. >> Okay. And fun. >> But I didn't know if that covered >> No, I want to make sure we cover it. And fund 27 for >> I would say FIED >> special education related services. >> But that's not operations, right? That's not oper >> which is not operations. It's only directive. >> So I don't have to do fund 27. Okay. >> Okay. I didn't think so. >> We're back to fund 10. >> Okay. So, at the direction of legal counsel, only fund 10, fund 80 will be used for the operation of the aquatic center. And that fund 10 is only used for pooltime school related activities. >> I would just get rid of that second part. >>

146You don't want to use the fun 10. >> Students, >> fund 80 can only be used for operations. >> Okay. My according to legal counsel he would like me to stop when I say fund 80. >> Okay. >> I was just clarif trying to clarify my concern. I trust Kelly. >> Wait one second. >> Oh, I have to wait. I'm sorry. >> Nathan, can you read that? >> Yep. The motion says at the direction of legal counsel only fund 80 will be used for the operations of the aquatic center. >> Period. >> That's your motion. Is there a second? >> Second. >> Does that all other funds be used in consistent with the law? >> We have an addition Nathan. >> Uh we have an addition from our >> after I said about only fund

14780. Correct. Y >> and all other funds be utilized in a >> mannerist >> consistent with the law. >> I like that. >> Utilized. Can you reread that again? After utilized >> in a manner consistent with the law. All right. The full motion reads, "At the direction of legal councils, only fund 80 will be used for the operations of the aquatic center and all other funds be utilized in a matter consistent of the law." >> With the law, but yeah. >> Yeah. With the law. >> Okay. Dr. Bartau made that motion. Bobby, you want to continue your second to that? >> I will second that. >> Dr. Bart, you can speak to that. >> Yeah. The reason I didn't want to originally it was said about saying that we weren't going to use fund 10

148um to offset money with fund 80 and I trust Kelly but as we look to the future we may have someone working in administration that wants to cut corners with money in other funds and I don't want that to happen. Like I said, I trust Kelly, but we don't want to go against the law. Bobby, I'll give you the opportunity since you second to speak to the motion. >> No, >> I'm in favor of the motion. >> Okay, Angie, >> I'm in favor of the motion, but I I'm just wondering if we want to add the the term um operations and maintenance. >> Maintenance would be operations. Yeah, >> I would assume so. But >> that I just like things to be as clear as possible. >> JD has picked the part words. >> You

149can make a you can amend your motion. >> Yeah, >> you can amend to to put that insert in there. >> Okay, I'll make that amendment to insert >> more work. >> Yeah. >> Okay. Okay. So, just insert in parentheses >> and maintenance after operations. Now, is there a second to that amendment from Angie? Is there a second to the amendment? >> I'll second. >> Dr. Bart, second the amendment. Angie, you have the floor for discussion of your amendment and maintenance. Okay. Dr. Bardau, >> I trust Angie. >> Anybody have any discussion of the amendment that's on the table first? We'll deal with the amendment and that is to add the words and maintenance after the word operations. It's pretty simple amendment hearing. No. >> Can I make another amendment? Is it even I don't

150know. Does it need to be official sentence? Can Jake's person at least train the new maintenance person for one hour or is that technically illegal? Does that need to be in the amendment? >> Nope. That's using fun 10. >> He's fun 10. >> Okay. So, the amendment is what you're voting on right now and the amendment is to add the words and maintenance after operations. Nathan, would you please read the entire motion with the amendment that's in parenthesis? >> Sure. The amended motion is at the direction of legal counsel only fund 80 will be used for the operations and maintenance of the aquatic center and all other funds be utilized in any matter consistent with the law >> that includes the amendment. >> Yes. >> And maintenance >> maintenance is in parentheses which is the

151amendment. >> Thank you. That is what you're voting on. The voting device is now open. >> Hold on. The voting device is now open. Would anyone like to change their vote? Hearing none, the vote is now closed. The motion carries with one in the negative and that would be JD. Now we go back to the main motion which the amendment now becomes the main motion. Any other discussion of the motion on the floor? >> I will vote in favor of motion on the floor based on recommendations and thorough discussion leading to the recommendation um by our legal representative along with our administrative team and seeking to gather all the information that brings us to this. So that is why I will vote in favor. >> Kristen, >> I'd also state that I'm going to vote

152in favor um of this motion. This is not again, this is not an easy decision for any of us. None of us chose to get to this point. It should have never happened to begin with. Um if we were doing things the right way from day one, we wouldn't be stuck in this situation. But here we are, and a decision has to be made. And so I'll be voting in favor of this motion. Any other discussion from board members? Jake, >> can I ask for clarification on what operations and maintenance means and ownership of a building means in regards to this? >> I'll defer that to our legal counsel to give a clarity. >> So, you can own it. You just need to use fund 80 to operate it. So, a specific example would be

153when there's a water mane break and I get a call from our monitoring system or law enforcement to respond to that building that we own. Is that considered ownership or operation and maintenance? >> That's considered operations and maintenance. >> So, who does the who do authorities contact if there is a concern with that facility? They're going to contact you, but it's a matter of being able to what you can and cannot do. >> That's what I'm trying to understand. >> Yep. >> So then you would contact the third party entity that >> so >> is going to be >> you can discuss the the administration can look at the needs of the buildings that the district owns. It can bring forward to this board positions to serve those buildings in a way that's compliant with

154the law. It can create positions for that person to only be designated to the building to serve as the maintenance be that point of contact. There are things that can be done to address this, but the current operations cannot continue. So until there's alternative actions that are approved or companies that are hired, can I preserve the structure in which the district owns? I >> mean, we have a fiduciary duty. I'm going to >> I Well, I a valid point. >> I'm there. I'm not trying to split hairs, but I legitimately think that I need to because >> either way, I feel like I am >> going to be wrong. >> I think you should >> if if I go and maintain a heating system on the surface, it would be in direct violation, I would

155think, with the motion that is on the floor. If I allow a structure that the district owns, >> right, >> given my job duty, >> if I let that structure be compromised, I would be failing my job duty. >> I I understand. >> So, I'm not I don't know what this motion means for me, and I'd like some clarity before it's >> decided upon. >> Let me put something out there for you. The speed limit is 55. People often drive a little faster and then there is discretion on whether you get pulled over and there is discretion on whether you get prosecuted. I would be tempted to add language to the motion that says we will solve this as soon as possible but at least even if we shut the doors to the pool because

156we have to at least keep it functional. >> Right. But I don't get any of that in this motion. I know >> he has a I mean he Jake has a duty to act within his role as director as you said and we have a fiscal responsibility to be you know like so I guess within a reason of maintaining a building is does that fall within his >> director ro because here's where I'm I'm >> leasing a building >> we're going to destroy a $20 million building $5,000 worth of maintenance >> probably because they're nobody wants and >> Donald Trump >> some somebody's going to try and misuse and and and go >> Joe go ahead and say what you were saying >> with the level of conflict between the district and the community and

157that has been not I'm not speaking specific to aquatic center. I'm saying in general it's been very blatantly um direct to us that there's been threats or allegations made of lack of transparency and decision- making and being unethical and all the things. So, I I very much am like, "Yep, there's a good chance that any move anybody makes or any director makes, I'm feeling unfortunately very confident that somebody's going to try and slap a legal ramification on somebody for doing the right thing." So, I think Jake's question is incredibly fair and it actually like I'm also becoming emotional even have to think about the fact that we just had a really really tough decisions to make and now we have to talk about how do we legally protect an employee? How do we legally protect

158a building when everybody in this room wants the same thing? But unfortunately, at this moment, we just we had to figure out how to get there. It wasn't an easy answer. But I >> I think it's a fair question, Jake. If if this motion passes as is, I feel like I fail my job >> regardless of what I do >> and that you will be targeted because this meeting >> or or it could be legal legal action or anything. >> I don't know how I can perform my job with this directive. >> If we're really going to do this, we should just go back to Kristen's idea. shut the building down except for our students and at least let Jake make the maintenance and at least that gives DPI some Well, >> you can't go

159back and forth. >> You can't flip-flop though. Yeah, I know. >> That's I mean are being tied to the school district is making this so much more complicated. >> Would would there be an ability to amend this somehow to direct me to protect the structure? our building >> that I that I can protect the structure >> but not be involved in the community operations. >> I just are we going that far in the woods? I'm wondering is it needed because you are still building and grounds director. You have an obligation like our superintendent has directed you to have that position which >> is to maintain our buildings that we own that building. So I guess I >> he's just looking for >> I I know and I that's where I'm hearing you entirely and then

160I'm like >> So you're saying we can argue the fact of him and his staff being able to maintain that building. >> Correct. And not operating it like you're not you're not >> Exactly. >> Yeah. >> I feel Yeah. Because I feel like there's a difference of making sure that the heat is working so our pipes don't burst versus cleaning the windows. not to put anything, you know, but that sort of thing. >> Something that's not necessary, >> something that won't >> degrade the building specifically. I >> How is it different than leasing? Like you're still you're still the owner of that building. You still have to come and do the snow removal even though something else is happening inside that. >> So you're talking >> that's not necessarily true. You can set up a

161lease that you have no responsibilities. It's triple net lease. They have maintenance. They have taxes. They pay everything. you just >> so we could add the verbiage of something like um keeping structural integrity >> into this I I think >> the pool pipes not breaking or does only the heat pipes. >> So this is what DPI said. DPI said when we said can you can we with fund 10 fix the door because it is against code they said yes with fund 80 money. So yes, your director of building and grounds can maintain the integrity of the building that is being utilized primarily for a community service program with fund 80 >> through a third. >> So that means that whoever would be maintaining that building's operations to ensure that it is not freezing. that would

162have to come from fund 80 funds, however that looks. So Jake's portion then would follow the same guidance that we saw on DPI's website regarding administrative duties specifically and custodial. There's two different sections stating that a portion of Jake's if it is Jake's contract would have to be proportioned for fund 80. Then if fund 80 goes away, that is what would that is what DPI's website says. >> Sure. But Jake can also oversee the coordination of a contracted service provider to maintain that building, right? Like >> he can coordinate that. >> Yes. So >> to contract >> I mean my my opinion I mean maybe I'm wrong. be no different than somebody calling me and telling me one of my pipes had burst on one of my buildings and I call one of my team

163my contractors on my team and they go over it and they fix it and I over >> you pay them out of a specific fund. >> Yeah. So >> you're facilitating the service. >> Yeah. But you're not doing the work. >> And that would have to come from him facilitating. From our understanding of our DPI conversation was the time that it takes him to facilitate that would have to come from fund 84. My understanding from when we communicated with DPI. >> So I would have to track my time or I would need it. >> You can look on the DPI website where it specifically talks about administrative guidelines. So that's what I'm that's what the guidance is. >> As hard as it is to say, and I probably will choke up even saying it, we

164need to consider shutting it down and preparing for sale. I don't know how else you do it >> or to use it for I I don't know how else you do it. There's a motion on the floor, isn't there? >> We're talking of the motion. >> There is the motion on the floor. And um if the if that thought that was just laid on the table is to be entertained, then this motion would have to fail. And then Kristen could offer We wouldn't have to vote on this. Kristen could offer a substitutionary motion. >> Correct. >> Yep. Kristen could offer a substitutionary motion that would supersede the motion that's on the floor and that substitutionary motion be voted on and then it will become the main motion to be voted on again. >> We is

165that something Kristen that you want to >> what was the word to shut it down and what sell it? I mean >> I'm not willing to let this building deteriorate. I'm not willing to do that. And if Jake is telling us that that's what's going to happen if we pass this motion. >> Okay. >> And it will deteriorate quickly. >> But then we have to put it out for >> Yeah. I mean that >> right. But once you close it down and you're only using fund 10 to support it. >> Not if it not if we're only using it for school use >> because that's what it would become. School use only. >> Then we don't. So that means >> so that means if fund 80 went away because we asked this question to DPI.

166>> Yes ma'am. >> If you're using it for school use >> and fund 80 went away that means that you'd be able to fund that um facility or program or facility needed for school use program solely through fund 10. >> Correct. So that 300,000 all of fund 80 that we have then would not be able to be used at all for that facility is what DPI has stated. >> I'm not saying I like it. >> Would the tax rate lower then? I mean because then we wouldn't be getting collecting the taxes on it, would we? >> And so then you would just have to determine as a board of where that money is coming from to maintain um a pool for our dis solely our district's use. >> So if our district's use, >> can

167we still have >> as part of a curriculum, which is what they do now. So when they rent out the gym to a basketball camp that >> basketball camp pays >> so we could rent it out to the YMCA and they could have swimming lessons fund 80 would be I'm sorry I'm getting the funds all mixed up now $300,000 would be gone but we would just use our general fund which is really a stupid way to accomplish it but legal >> yeah you are correct >> government's So then, ironically, we'd have $1.7 million next year instead of 200,000 in fund 46 and we could use that money. But it's not enough, but I don't know what we're talking about. Yeah, I don't know how that works because then you also have memberships that are part

168of the revenue that are coming in right now through the community. >> So essentially all of your revenue would have to come through fund 10. So essentially what is that $600 to $700,000 that would have to be coming through for revenue to operate your expenses generally. I would just like to say I am here for information. So, I know I hear a lot of rumblings like I'm making the decisions here and I just would like to um articulate that we're here to share facts. We're all partners to do what's best for this community, for taxpayers, and for our kids. And so, I just wanted to mention like what Jill had said is that we're all here to do what's best for the community. And no decision is easy. We're just here looking at the facts

169and trying to determine what we can do to be um legal compliant, fiscally responsible, and here to impact the community and what's best for the kids as well, which is our main priority. >> Would it be reasonable to add something to the effect of I have the ability to maintain the structure of the building? I I feel like I'm in a lose-lose. No matter what I do, when that system fails tomorrow and I stand there and watch the pipes freeze and cause catastrophic damage, I'll be liable. If I go against this motion and go in and fix it, I am liable. I am in a lose-lose >> and ultimately then >> and I need directive on how to do my job. I think it just needs to be funded through fund 80. So your time

170would have to be >> and that's why I asked can I be paid for through fund 80. >> You can be but >> I would need an adjusted contract. >> Correct. So there is a we talked about this earlier. A maintenance person could be assigned to part-time on the pool board or pool and part-time for the district. I understand that that is not a uh situation that is desirable, but that is a workable solution. >> The only person that would be appropriate in this district to take that is myself. >> So you person >> So can I that >> can my contract be restructured? All right. Now, can we make a motion to hire Jake Lighterman 2% of his time >> cuz you person >> I could ensure that the building is protected at least

171or contract the people that I need. Jake, I appreciate you offering that because I did hear you say quite a while ago now that you you would not support the a contract change for a staff member, >> correct? >> In this capacity. So, I I want to acknowledge >> I will not ask this of my staff, >> but you will take it on yourself. >> I will take it on. >> And we I need to know if that is legal and what my parameters are. It's always legal if everyone agrees. But >> how does fund 80 get paid now? Do you just write the checks for fun of paper? >> How does the $300,000 get spent now? Do you just write checks, Kelly? So all of the property tax from fund 80 that 300,000 comes

172into the district and gets allocated into fund 80 which is a segregated fund. Right now the time and salary for the staff members who are doing anything for the pool whether it be business office administrators maintenance staff custodial staff any of those pieces are being funded through fund 10. It should be coming out of the pot of fund 80 in which donations for fund 80 are coming in revenue from admissions and rentals and the property tax. Currently it is coming from fund 10 which is what we're talking about. That's a violation. So you're not writing checks. It's basically like it's coming out of the wrong account. So when you look at a deficit of 43,000, it's not really a deficit of that because all of that money that is being allocated for the pool operation

173is coming out of fund 10 that we're taxing the community for for the educational purposes of the kids. So that's the difference. You're not really writing checks. You're just not allocating it to the correct fund. So from an accounting standpoint then can you journal entry and move the funds from one fund to the next to make it you have to have documentation around all of these pieces and that's why doc that's why DPI is saying you cannot just keep a time sheet and mix it all up. You have to have a certain percentage of your position be completely allocated to the community service program in which this case is the aquatic center. The other portion is completely allocated to the district. If fund 80 goes away, that portion of that position then goes away. So,

174I'm not really sure how it works. If we say 25% of this person's contract is for the pool, then fund 80 goes away and tomorrow we say just kidding. That's >> you need to create separate job descriptions >> and it also has to be >> create >> not overtime. >> Correct. So your 40 hours a week is then turned into 30 hours a week for your district job and completely allocated that 10 hours a week to the aquatic center. >> Can I be issued a contract for zero compensation? >> I am not DPI. I don't know the answers to all of these questions. I just am going by the guidance of wage and hours violations. >> Yeah. >> Right. >> But he's not working additional. >> Can it be a minimal fee? >> Again, I'm

175not making >> He can accomplish what you're asking for, but you need separate job descriptions. You need two separate contracts. >> Can I do it for a dollar? >> No. >> How much? >> You need to take minimum wage at the least and figure out what that cost is. So if we pass this motion, can then we do a additional motion to hire Jake tonight for a contract rule. >> You're what you No, what what you would be doing instead is you would be reorganizing Jake's contract. >> But what if I want >> to two different contracts? contract for director of building the grounds and a contract for the director of >> the aquatic center. >> So can we offer that contract with the motion? >> We don't even have a job description. >> I

176mean we we need job description. We need we need to work out what that cost is actually going to be >> and actually creating a position needs to be approved by the board as well. >> Yeah. So it comes back to what you mentioned the most unpopular unwanted >> y >> option is closing the building down. >> We could make a job description right now. We got all night >> for what? like because we're trying to do the right thing for the right reasons by maintaining a building to ensure it doesn't to ensure to our taxpayers that we don't add maintenance needs to a building because by law we have a building and grounds director who couldn't even facilitate or do much with it. Like this is insane. So, we keep coming back to the

177same roadblock that we can't do anything with this building if it's under fund 80 is what I'm hearing. Unless I miss something or there's two contract >> there's there's money in fund 80. Jake is willing to do it. He needs the he needs the contract. >> He needs the contract that we can't do tonight and the building would need to be addressed tomorrow. >> So, >> correct. So why can't we do it tonight? Get his contract. We'll write a little paragraph. >> That's not the the standard. You can't just you need separate positions. >> Can we create that? Because the system is if there's going to be if to make it work, the theory is is that if fund 80 runs dry and there's no funding for the aquatic center maintenance position that Jake would

178no longer be a full-time employee. >> And we cannot correct me Davis, but we cannot issue any new contracts, employee contracts in open session. That's close session because it's employee. Correct. Generally speaking, compensation is a matter that is going to be addressed in close session. >> Correct. >> But we have >> and you also don't have it agendaized today. >> Agenda for close session. So we cannot go into close. >> You don't have it even agendaized for >> making a comment >> tonight. >> The only thing we have agendaized is possible action on the aquatic center and that's what >> on the governance and operations of the aquatic center. I'd rather violate the law for another week. >> Not me. You're going to destroy a $20 million building. >> I don't want to go to

179jail. >> We're not going to jail. We're not getting prosecuted by our local DA for saving a $20 million building. And and likewise, I don't know how I don't end up >> being in the crosshairs. >> They're contradictory directives of my employment. Okay. There is a motion on the floor that you see on the screen behind us. >> Can we add again? I'm sorry. We talked a lot so I'm trying to remember what you said about adding some verbiage around struct structural integrity of the building >> because like you said in in a triple net lease you can add whatever verbiage you want. So like why can't we add verbiage to this saying that we would maintain >> we don't have a triple net lease with anybody our agreements with the YMCA where these items

180were not discussed. Arguably, there's an argument that YMCA is responsible as their stated responsibilities are to manage and operate a safe aquatic facility for patients and staff. >> Kelly stated before that they don't offer maintenance, >> monitor and maintain the premises through the course of each day so that it is safe for its employees and patrons. YMCA responsibility. monitor, >> but you have an argument with the YMCA about that. That can't be answered tonight. >> So that could So to use Jake's example of a pipe bursting, flooding, you know, water everywhere, they could be under consideration emergency action plans, they should be able to call somebody. They should have the list of people to call to come take care. It's you >> try to >> I know >> it's just a big circle. It's a

181big loop that we can't get out of. I don't know. >> I can. >> With that being said, we can direct the YMCA to remove any district contact from their emergency action plan or however it's worded in there. May I suggest that the motion uh that there be some recommendation that the motion be amended that administration work with legal counsel at so at the end that administration work with legal counsel to determine a maintenance and operations plan that is consistent with the motion. >> Somebody like to make an amendment to add that. >> I will. >> Did you get that? >> Well, he's not quite. >> Okay. >> So, it's another amended. >> Yeah, this will be another amendment. >> Okay. >> Can you repeat that for me, please? >> Direct administration to work with

182legal counsel. to develop a plan of action >> for the continued operation and maintenance of the aquatic center. >> Does that make you feel better, Jake? Like you could m >> much better. Thank you. >> It makes me feel better. >> Please help me out. It's getting really late. I direct direct administration to work with legal counsel to >> develop a plan >> of action >> action >> for the continued operation and maintenance of the aquatic center. Okay. Okay. So, the amendment being added to this is direct administration to work with legal counsel for the continued operation and maintenance of the aquatic zone. >> Correct. >> Motion is made for that amendment by Angie. Is there a second to that motion that amendment? >> I'll second that. >> Second by Bobby. Angie, would you like

183to speak to your amendment to the motion? >> No. >> Bobby, would you like to speak as the second to that amendment? >> No, I support that. >> Nathan's putting the motion the amendment up on the screen. >> Way too long for >> Oh, it's too long. >> Can I have your water? >> Yes. >> Do you want me to read the full motion? Amended motion? >> Just the the amended part. >> Yeah. direct administration to work with legal counsel to develop a plan of action for the continued operation and maintenance of the aquatic >> center. Any discussion of the amendment to the motion on the floor? >> Jake, you're comfortable with this? Do you feel like it covers the and your position? >> Yes. Thank you. >> Second time asking for any discussion of

184the amendment on the floor. Seeing nobody move. The voting device is now open. You are voting for the amendment to the motion on the floor. >> I don't know what number >> names. >> Oh, names went away. But number three is Katherine. I do know that. Would anybody like to change their vote? >> The vote is now closed and the amendment carries. Now that becomes part of the main motion. Does anybody need that read again? Is there any other discussion of the motion on the floor? >> Nathan, are you ready? >> Two seconds, please. >> We'll give you 10. >> 30. >> Here we go. >> All right. Hearing no discussion of the motion on the floor. The voting device is now open. >> Would anyone like to change their vote? The votes now closed.

185And the motion carries with one in the negative and I believe that would be J. Is that you, JD? JD is in the negative. You did you? >> Yes. document that Davis, does this satisfy where we need to be at this point of the aquatic center issue? We took care of the governance. Uh we took care of the funding >> and I think it's accomplished what needs to be accomplished tonight >> for tonight. And then you give direction as to where we need to go with the committee on Monday night. Yes. >> Hopefully everyone can make it to Monday night at 4:30. >> Okay. >> Buildings and Grounds Committee. >> Yes. If you'll post that or get ready to post that whenever we give you the agenda information. >> Yep. >> Be tomorrow. >> Okay.

186Correct. >> Question. >> Yes, Nathan. >> Um I know normally committed like that. appreciate. >> Yes. Let's record that meeting, please. >> I'll be here for the board meeting anyway. >> Thank you. >> Davis, we've entertained everything that we need to entertain tonight. >> Yes. >> I will entertain number three. Uh a motion to adjurnn. >> Motion is made by Angie. Second by >> I second. >> Second by Abby. All in favor adjournment, let it be known by saying I. >> I. I opposed. >> Very unexpected. >> Say I. I'm hearing no eyes. We are adjourned.