I. 9:00 a.m. -- Call to Order
II. 9:00 a.m. - 10:30 a.m.
Family Child Care Homes
III. 10:30 a.m. - 12:00 p.m.
Colorado's Licensing Program and Regulatory Issues
IV. 12:00 p.m. - 1:30 p.m. -- Lunch
V. 1:30 p.m. - 2:30 p.m.
Department of Human Services, Division of Child Care, Funding
VI. 2:30 p.m. - 4:30 p.m.
County Perspective on Funding Child Care
VII. 4:30 p.m. -- Adjourn
STAFF SUMMARY OF MEETING
INTERIM COMMITTEE ON CHILD CARE IN COLORADO
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09:12 AM - Call to Order
Senator Wham called the meeting to order. The following members were
present: Representatives Alexander, Hefley, Spence, Spradley, and Tupa;
and Senators Linkhart, Pascoe, and Wham. Representative S. Williams and
Senators Arnold and Tebedo were excused. Legislative staff present were
Janis Baron, Jennifer Butler, and Cathy Eslinger from Legislative Council,
and Jeff Conway and Jennifer Gilroy from the Office of Legal Services.
Senator Wham indicated that the Committee has heard a great deal of testimony
thus far and stated that the Committee needs to hear about family child
care homes.
09:13 AM - Family Child Care Homes
Senator Wham welcomed Connie Levy, President, Family Child Care Home
Association; Marilyn Dean, President, Jefferson County Child Care Association;
and Connie Darnell, President, Mesa County Family Child Care Association.
Connie Levy provided introductory remarks then introduced Connie Darnell.
Senator Wham asked if Ms. Darnell operated a family child care home, and
if so, would she please describe a typical day at her home. Ms. Darnell
answered yes and told about a typical day in her home -- she cares for
six children daily.
Representative Hefley asked Ms. Darnell if she charges more if parents
fail to pick their children up on time. Ms. Darnell indicated that she
is blessed with good parents who are also friends of hers and this is a
nonissue.
Representative Tupa asked how many children she can legally care for and
asked her to speak to the regulations she must comply with -- are the regulations
burdensome? Ms. Darnell said that she can care for up to eight (six plus
two school-age children, usually after school or during the summer). Ms.
Darnell said that the rules and regulations she complies with are minimal
and do not pose a burden. She expressed pride in the number of training/education
hours she meets annually to enhance her quality as a provider. She advocated
for credentialing and accreditation. She said she will be spending $500
to take an accreditation and credentialing program as a personal and professional
investment. Representative Tupa asked how much she charges. Ms. Darnell
replied that she charges $18.00 daily for children two and over and $21.00
daily for children under two. This is the average cost on the Western Slope.
Senator Pascoe and Senator Wham asked if you could apply the hours taken
annually toward a degree. Ms. Levy stated that if one keeps track of their
hours and the course syllabus, hours can eventually lead to accreditation
from a community college.
Ms. Darnell stated that she works in child care because her son died 13
years ago as a result of poor child care. She has a passion for her profession.
She believes that parents should be better educated on selecting quality
care for their children. She thinks all parents should go to resource and
referral for assistance in selecting child care -- whether it be care in
a family child care home or a child care center.
09:31 AM
Marilyn Dean began her presentation and referred the Committee to her
handout. The focus of her presentation was on zoning. She said that family
child care homes face zoning problems. Her handout identified the zoning
restrictions in Jefferson County. Zoning restrictions preclude persons
from operating at full capacity and thus restrict both the number of providers
and the slots that providers can offer to parents. Zoning is responsible
for limiting access in family child care homes.
Senator Wham asked if zoning regulations are comparable in Jefferson County
and Mesa County. Ms. Dean stated they are comparable statewide. Zoning
restrictions add to child care shortages -- especially for infant and toddlers.
A brief discussion on the recently adopted Department of Human Services
rule for experienced child care providers followed. Current licensing regulations
allow a maximum of two children under two years of age to be cared for
in a family child care home. Under the August 1999 rule for experienced
child care providers, an experienced child care provider may care for a
maximum of three children under two years of age.
Senator Wham questioned the rationale for the number of children that can
be cared for -- what is the magic in two, three, or four? Senator Wham
requested that Oxana Golden, Department of Human Services, Division of
Child Care, address this issue in her presentation.
10:03 AM
Ms. Levy responded to Senator Wham's questions. She indicated that
if a provider is the only family child care home in a 50-mile radius, the
provider may need to seek variances from the Department of Human Services.
Provider training courses are selected by the individual providers contingent
upon what they believe they need to best care for the children they have
in their homes. She said that Colorado's rules and regulations are guidelines
that set the baseline. Consumer education is a priority. There need to
be more choices and more options for parents. Ms. Levy said she has a waiting
list at her home because she has been in the business for a long time.
She is from Arapahoe County and the going rate is $550 to $600 per month
per child. She said that most people provide family child care for personal
more than financial reasons.
Representative Spence asked about liability insurance -- what do they carry
since they go on field trips with the kids? Ms. Levy stated that a tack-on
provision can be added to a home owner insurance policy, costing anywhere
from $100 to $350 annually for operating a family child care home. All
three said they carry maximum coverage on their automobiles.
Senator Linkhart expressed interest in the topic of training, accreditation
and credentialing -- how can training be incentivized? Ms. Darnell responded
that she is seeking accreditation in order to be able to mentor other family
child care homes in Mesa County. Ms. Levy said that for many the cost of
accreditation is prohibitive because the pay is so low. Accreditation costs
$500 and is a personal satisfaction -- there is no financial incentive
to have it. Accreditation requires up-front costs, such as remodeled rooms,
additional playground equipment, furnishings, etc.
Ms. Levy said many family child care home providers find the rules and
regulations both burdensome and limiting. Additionally, there are persons
operating family child care homes that do not realize that they have to
be licensed. The Colorado Child Care Association wants legislation to address
unlicensed care -- but not to go after or sanction those providing unlicensed
care, rather to streamline the licensing process. She said that it is hard
to get the required CPR classes, and that the burden is on the provider
to put it all together (including the 12 hours of required training).
Senator Linkhart wanted to know Ms. Levy's thoughts on how to get unlicensed
care licensed. She responded that waiving fees might be an answer. She
said that licensed family child care homes are not afraid of competition,
they want their peers operating on an equal level of ability and quality.
She thinks incentives already exist for licensure, most notably with the
resource and referral program and the federal food program administered
by the Department of Public Health and Environment.
Representative Hefley said she does not want to insist on accreditation,
but unlicensed providers should take the 12 hours and follow the state's
rules.
A discussion of unlicensed and licensed care followed. Senator Wham wanted
to know how unlicensed care is policed --if much of the care out there
is unlicensed, how does the Legislature address it?
Representative Tupa asked if the panel would raise their rates if they
were accredited. Ms. Dean stated yes, and said that Ms. Levy is a good
example of one who charges more because she is good. Ms. Darnell wants
accreditation to be a mentor in Mesa County to other family child care
homes. Senator Wham stated that accreditation is just a piece of paper,
but the way one feels about children comes through to the parents.
Representative Spence asked if more accidents occur in unlicensed vs. licensed
care. Ms. Levy said that all homes, whether licensed or not, take risks
but there are no statistics on this issue.
Senator Wham thanked the panel for their participation.
10:34 AM - Colorado's Child Care Licensing Program and Regulatory Issues
Senator Wham invited Oxana Golden and Dana Andrews from the Department
of Human Services, and Robert Sexton from the Department of Public Safety
to the table for a presentation on Colorado's child care licensing program
and regulatory issues.
10:37 AM
Oxana Golden began her presentation. Licensing is a minimum set of
regulations to ensure that children are properly fed, in a safe environment,
to foster those things we all know children require. Ms. Golden indicated
that nationally, approximately 50 percent of all children are in unlicensed
care.
Senator Wham wanted to know what we can do to get a handle on the unlicensed
operators -- surely we do not have enough "child care police"
to go out and visit every unlicensed child care provider. Dana Andrews,
Licensing Division, Department of Human Services, gave an example of a
community in eastern Colorado that organized to ensure that all providers
in the community became licensed.
Ms. Golden emphasized that of the 50 percent of children in unlicensed
care, it would be fair to assume that half of those would be in what is
considered legally exempt care.
Ms. Golden indicated that the Department of Human Services holds public
hearings statewide to inform communities of child care regulations. The
Department of Human Services works not as an enforcer, but as a resource.
The licensing process includes an appeals process, wherein approximately
60 appeals are addressed monthly. An example of an appeal filed is that
of a director of a child care center requesting licensure, lacking the
necessary hours, but ensuring that those hours will be met in a set time
frame (6 months).
Ms. Golden addressed staffing in the Division of Child Care. There are
state staff working out of Denver and staff working in other areas of the
state to cover rural areas (6 to 8 counties). The department also has six
contract counties it works with for the purpose of licensing activities.
Ms. Golden addressed the number of children able to be cared for in family
home care. The Department of Human Services held a number of hearings statewide
to discuss a tiered system for allowing more children in the home for the
experienced child care providers. The numbers were arrived at after input
from many providers -- and two and three for infants and toddlers is not
agreed upon by all but is a middle compromise.
11:04 AM
Representative Tupa asked if the Department is adequately staffed to
ensure licensing compliance. Ms. Golden stated they are behind in visiting
those facilities on the two-year and three-year licensure visit, and that
the Department is reevaluating how best to use its staff relative to child
care licensing. Representative Tupa asked how many of the 8,300 licensed
homes/centers are being visited on schedule. Ms. Golden stated that 14
percent of the facilities are identified as high risk and that they are
visited frequently. The Department is behind on half of the remaining 86
percent.
Senator Wham requested an answer on whether the Department is adequately
staffed and whether it is ensuring that these facilities are indeed safe.
Senator Linkhart stated that the caseload standard in Colorado is the third
highest in the nation. Some debate followed on the matter of whether licensing
staff are adequately funded. Most visits are unannounced.
Representative Spence asked what makes a home or center a high risk --
do parents know they have their children in a high risk placement? Ms.
Golden stated that a high risk facility is on probation. High risk facilities
have usually had a violation of the staff to children ratio in addition
to violations of health and safety standards. Beginning in November 1999,
an identified high risk facility must provide a list of the parents names
at the center to the Department. The Department will then notify the parents
that their children are in a high risk child care setting.
Representative Spradley asked why are there so many unlicensed providers.
Ms. Golden responded that many do not know that they must be licensed,
some choose not to be licensed, and some do not become licensed because
they cannot afford the cost.
Senator Wham posed the broad question of whether the division should be
looking at safety only and not investigating other components such as education,
training, treatment programs, etc. -- is it not the parents' responsibility
to ensure that the child is with a nurturing, capable home or center?
A discussion on the state's role on licensing and safety followed. It was
noted that under the Department's current licensing model it may want to
look at a number of items when visiting a home or center, but the state
does not provide adequate resources to do so. There was consensus that
Colorado's system of licensure may not be ensuring quality.
11:31 AM
Representative Spradley suggested that the committee focus on how to
help unlicensed providers to become licensed and meet current standards.
Dana Andrews began her presentation. She stated that the Department was
behind in licensing when she started in the Division of Child Care in 1982.
The Department has gone from a two-year license to a permanent license.
She referred the Committee to the handout sheet entitled "Components
of Colorado's Comprehensive Integrated Child Care Licensing System."
The Department sends out a self-assessment annually for providers to use
as a tool in determining their compliance with licensing regulations.
Representative Hefley asked how long a facility is allowed to operate as
"at risk." Ms. Andrews said the probationary license lasts for
six months to one year. Representative Hefley asked how many licenses were
suspended in the past year? Ms. Andrews said that 25 were suspended in
the past year -- some were high risk and some were low risk. Most homes
want to keep operating, so they make every effort to correct deficiencies.
Ms. Andrews continued to walk the Committee through her handout.
11:55 AM
Mr. Robert Sexton, Department of Public Safety, began his presentation.
He provided statistical data to the Committee and stated that since adoption
of HB 90-1075, the Colorado Bureau of Investigation (CBI) has received
101,155 day care/foster care/adoption fingerprints. Of this total number,
13,033 individuals had criminal records (approximately 10 percent).
Senator Linkhart requested information as to whether the state will ever
have a "complete" background check system. Mr. Sexton indicated
that he does not believe that it was ever envisioned that there was a need
for a "complete" background check.
Senator Wham requested verification on who pays the cost and what is the
cost for fingerprinting. Mr. Sexton replied that the cost is $14 and is
paid, as a rule, by the center. The turnaround time on the check is 72
hours.
Senator Pascoe wanted clarification on when the federal data base is searched.
Mr. Sexton deferred to Sue Bailey, administrator of the program. Ms. Bailey
stated she did not have data on the frequency of FBI hits. The CBI search
is a two-year search. Child care centers have the discretion to send/request
information from the FBI data base. There is no way to know how many additional
individuals with criminal records would be identified if the Department
of Human Services went through the FBI data base. Currently, when a center
sends/requests information from the FBI, the FBI responds back to the center.
The CBI sends its information to the Department of Human Services.
Only staff members 18 years of age and older are subject to a background
check. Some centers have high school volunteers and employees, but juvenile
records are sealed. Fingerprint checks are done for family child care homes
for all those persons living in the home who are 18 years of age and older
(children and spouses).
One other check that centers must do is through the Central Registry for
Child Abuse. Information in this data base will identify persons 16 years
of age and older regarding incidents of child abuse.
12:09 PM
Committee recessed.
01:41 PM - Funding Overview of Child Care
Senator Wham called the meeting back to order and welcomed Carolyn
Kampman, Joint Budget Committee staff, to the table for a discussion on
child care funding. Ms. Kampman noted that she would be referring to a
memorandum, entitled "Funding of Child Care Programs," dated
September 9, 1999, during her presentation. The memo is organized into
four sections, including: 1) a summary of FY 1999-00 appropriations for
child care; 2) a listing of sources of funds; 3) a discussion of amounts
that were requested by the Department of Human Services; and 4) a discussion
of how federal Temporary Assistance to Needy Families (TANF) funds may
be used to finance child care programs. She noted that she believes that
funds are, in fact, available. She proceeded to walk the Committee through
each section of the memo. She responded to questions from the Committee.
In response to a question from Senator Wham, Oxana Golden, Department of
Human Services, noted that funds may not be used for construction of new
facilities, though they may be used for minor remodeling and repairs.
02:07 PM
Senator Linkhart asked for clarification on the role of the state versus
the counties in determining eligibility for funds. Ms. Kampman responded
that counties are given an allocation of state and federal funds and that
they then have the discretion on how to spend those funds. Ms. Kampman
continued with her presentation, noting the Department's budget requests
related to licensing activities. Representative Tupa asked whether the
federal TANF funds requested by the Department of Human Services that were
not granted by the General Assembly are still available to the state (see
page 7 of the memorandum). Ms. Kampman responded that the funds still exist
and are still available to the state to distribute; however, the decision
may only be made once each year. Senator Pascoe asked why the JBC and JBC
staff did not recommend the additional staff. Ms. Kampman responded.
02:32 PM
Ms. Kampman continued, noting that, of the TANF funds made available
to Colorado over the last two years, $106 million remains unspent (see
page 9 of the memorandum). Representative Spence commented that these federal
funds are taxpayer dollars and that the state of Colorado should be held
accountable for how they are spent. Discussion ensued.
02:48 PM
Senator Linkhart asked whether the $106 million could only be used
for cash assistance if it is not used by October 1, 1999 (see page 11 of
the memorandum). Ms. Kampman responded.
02:56 PM
Representative Hefley asked whether disabled children would be eligible
for assistance through the Child Care Assistance Program. Ms. Kampman responded
that the grants are available only for the provision of child care and
not for health care services or specialized educational services that a
disabled child may need.
02:58 PM - County Perspective on Funding for Child Care
Senator Wham asked the next panel to come to the table: Oxana Golden,
Department of Human Services, Brian Field, Arapahoe County Department of
Social Services, Betty Sparrow, Denver County Department of Social Services,
and Steve Clifton, Fremont County Department of Social Services. Ms. Golden
discussed the composition of the staff of the Division of Child Care and
specified the duties of the licensing staff. She also explained the budget
of the Division. Ms. Golden responded to questions from the Committee.
The Committee heard additional information about funding streams into the
Child Care Development Fund.
03:19 PM
Mr. Clifton, Director of Human Services in Fremont County, addressed
the Committee. He noted that one of the biggest constraints on the system
is capital funding due to increased capacity needs. He talked about how
the county has distributed its TANF funds, noting that funds have been
spent on such programs as adult literacy and domestic violence. Representative
Tupa asked how there could be a surplus of TANF funds if the counties are
in such need of money. Mr. Clifton responded that the surplus really consists
of funds for which the county has overbid and that they are used for programs
other than cash assistance.
03:40 PM
Brian Field, Director of Social Services in Arapahoe County, addressed
the Committee. He gave a financial snapshot of how much Arapahoe County
is spending on child care.
03:49 PM
Betty Sparrow, Denver County Department of Social Services, addressed
the Committee. She noted that about 5,000 families in Denver receive a
child care subsidy. Considerable discussion ensued about how much the county
reimburses licensed providers for child care. Representative Hefley expressed
concern that the state is not providing quality child care for all children
in the state.
04:26 PM
Senator Linkhart asked Mr. Field a question about whether the state
or the county should perform child care inspections. Mr. Field and Mr.
Clifton responded.
04:30 PM
Senator Wham thanked the members of the panel and gave a quick preview
of tomorrow morning's meeting.
04:31 PM
The meeting adjourned.
I. 9:00 a.m. -- Call to Order
II. 9:00 a.m. - 10:00 a.m.
Presentation by NCSL on Child Care in Other States
III. 10:00 a.m. - 12:00 p.m.
Committee Discussion
IV. 12:00 p.m. -- Adjourn
STAFF SUMMARY OF MEETING
INTERIM COMMITTEE ON CHILD CARE IN COLORADO
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09:12 AM
Senator Wham called the meeting to order. All members were in attendance
except Representative S. Williams and Senators Arnold and Tebedo, who were
excused. Janis Baron and Jennifer Butler from Legislative Council and Jennifer
Gilroy from the Office of Legal Services were also present.
09:14 AM - Presentation by NCSL on Child Care in Other States
Senator Wham invited Scott Groginsky, Program Manager, Children and
Families, National Conference of State Legislatures, to the table. Mr.
Groginsky began his presentation on child care issues in other states.
The presentation began with a discussion of national research studies on
the impact of quality child care in the development of children.
Quality Child Care -- National studies show that the majority of child
care available nationwide is mediocre to poor, with low income children
identified as the most vulnerable. States with the most rigorous licensing
and regulations have a lower incidence of poor child care being offered
in both centers and family child care homes. Mr. Groginsky cited ratios
and the importance of maintaining proper staff to children ratios. He noted
that studies show that Colorado inadequately monitors ratios in centers
and homes.
Training and Education -- Mr. Groginsky cited research studies finding
that general education, specific education, and family child care training
enhance quality child care. Funding for training and education is fragmented
and uncoordinated, especially for entry level child care workers. Quality
enhancing funding techniques that some states are opting to offer include
loan forgiveness for training classes, scholarships for those pursuing
child development associate degrees, and direct tuition assistance.
Temporary Aid to Needy Families (TANF) Funding -- On average, states are
not spending down their full TANF allocations but are spending down their
Child Care Development Funds (CCDF). Between 10 and 12 states are using
TANF funds for before and after school care. Several states (approximately
8) are subsidizing wage incentives. In Colorado, several counties are providing
wage incentives with their TANF moneys but this is not being done statewide.
Legislatures have enacted laws to empower local entities, granting added
flexibility.
Rates -- Low reimbursement rates have a depressing effect on the market.
The federal government suggests reimbursement at 75 percent of the market
level. Some states are increasing reimbursement rates for special categories
of care to increase availability of care, especially for infants and toddlers,
including weekend and evening care.
Representative Tupa requested national data showing where Colorado ranks
in terms of the quality of care provided in Colorado. Representative Spence
expressed concern about statistics showing that child care is poor in 86
percent of child care settings nationwide.
After school care is being offered by a number of states to both reduce
crime and increase school readiness and academic success. Mr. Groginsky
cited the Colorado Child Care Pilots as a success in increasing school
readiness. Mr. Groginsky concluded his testimony.
10:13 AM - Committee Discussion of Issues Discussed to Date
Senator Wham told the Committee that Amanda O'Neill was invited to
make a presentation to aid the Committee in focusing on how to address
the myriad of issues they have heard over the course of their meetings.
10:18 AM
Amanda O'Neill, Chief Executive Officer, Educare, began her presentation.
Ms. O'Neill gave a brief overview of demographics and a discussion of why
we are where we are in America relative to child care. She referred the
Committee to her handouts. She noted that in Colorado, Storage Tech Corporation
provides wage reimbursement to its employees to purchase quality child
care.
The two-income family is, on average, able to pay for care, but sometimes
the care is unavailable. Educare has begun conducting focus groups to interview
parents on the topic of child care. During interviews conducted recently,
one family earning $100,000 annually is paying $1,800 monthly (for two
children) and is not completely satisfied with the quality of care. A police
officer and his wife, with a combined annual income of $50,000, are paying
$1,100 per month. Although not completely satisfied with their child care,
they cannot afford to pay more. A low-income mother, working in telemarketing
plus restaurant work on weekends, uses relatives and neighbors for child
care.
Representative Spradley wanted a definition of "better." Ms.
O'Neill said that "better" would be a stable, reliable teacher
-- a teacher who would be in the classroom every day. Teacher turnover
negatively impacts quality. Additionally, "better" would include
parental involvement, teacher training, and accreditation. Ms. O'Neill
noted that stakeholder management takes a great deal of time, and that
her matrix has gaps. Senator Linkhart asked what the concerns of parents
were during the focus groups which Educare conducted on Thursday night
in Denver. Ms. O'Neill identified quality, cost, and the lack of infant
and toddler care.
10:47 AM
A committee discussion followed.
Senator Pascoe stated that the nexus of the problem seems to be funding,
and noted that as a payor, the state should be subsidizing quality child
care only.
Representative Tupa noted that the state lacks the money to serve all families
and children. He wanted to know what families and children should the state
help -- should we be helping middle class families? Representative Tupa
stated he does not want to expend moneys today that may prove to be cost
prohibitive in future years. Senator Wham responded that if we better knew
the state's role, then we could better identify who to serve.
Representative Alexander wanted to pursue the possibility of the state
being responsible for ensuring safety only. Ms. O'Neill stated that Educare
wants to serve all children. Her perceived role of government in child
care is to foster quality in the market. Educare wants to partner with
government and parents to achieve a market driven system.
Representative Hefley noted that her community has always struggled to
provide quality care, and that the state's role should be only that which
is necessary -- helping low income families.
Senator Linkhart stated that he wants the Committee to look at incentives
and that he wants to assist the middle class and all families in accessing
quality child care. He wants to ensure quality and perhaps the way to do
that is to shore up standards.
Senator Wham asked Ms. O'Neill if there were commonalities in the focus
group interviews. Ms. O'Neill responded that everyone wanted affordable
child care. Educare has done a parent demand study which found that cost
and location were paramount for parents, with safety ranking number three.
The parent demand study also asked if cost were not a factor, what would
be the most important thing a parent would want from his or her child care
provider. Parents answered nurturing and education.
Representative Spradley asked if the focus groups were questioned on what
the role of government should be, and whether the state licensing program
was important to parents when making a child care choice. Ms. O'Neill responded
no on the role of government, simply because Educare is a private entity.
She went on to say that there is an indirect reliance on licensing and
regulation. Educare's purpose in the focus groups is to determine the broader
picture of what parents want. Although not discussed in great detail, parents
identified that a licensed center was indeed a quality attribute.
Representative Tupa noted that if the state fills the $3,000 gap between
what is paid and what it actually costs to get quality child care, then
all parents will have to pay more. Ms. O'Neill stated that in the long
term there will have to be more resources and moneys must come from all
sources: government, business, and parents.
Representative Alexander said she was struggling with the quality issue
and how best to achieve it -- perhaps the state should not be trying to
monitor all of this and should instead put the control at the local level.
Senator Wham referenced Representative Hefley's observation that nationally
we are in a period of transition as we determine how to proceed -- we are
now looking at children's early years in an educational framework, not
simply child care.
Ms. O'Neill noted several items which would contribute to quality: parental
involvement (reading to children, volunteering in classroom), a high level
of teacher training, and low teacher turnover.
Representative Spradley noted that while touring her district, capital
construction seemed to be the issue. One can do the business, but one cannot
provide the building, fencing, playground, furnishings, etc. Educare wants
to see the facilities improved and is financing some capital costs to help
centers cover onetime costs. Senator Wham suggested the Committee should
explore options for enabling the state to assist in capital costs.
11:54 AM
The meeting adjourned.