Special Committee Meeting
DRAFT
Special Committee Meeting via Teams July 9, 2025 at 3:00 p.m.
The meeting was called to order at 3: p.m.
The following individuals were present: Randall Crosby, Chairman; Kurt Ponchak, Vice Chairman
District Representatives: Wanda Feldsteen, District 1; Colton Knight, District 2; Mark Turner, District 3; Darryl Brinton, District 4; David Stevens, District 5; Phil Hubbard, District 6; Jose Quintanilla, District 7; Sead Bekric, District 8; Orlando Ramirez, District 9; Ed Spence, District 9 Alternate; Antonio Gonzalez, District 10.
Bureau of Business Enterprise Staff: Bill Findley, Bureau Chief; Alan Risk, Compliance Officer
Colton Knight moved to adopt the agenda. Second by Brinton with the following amendments:
- Include a resolution on election procedures.
- Add a vote for a temporary selection panel appointment.
Motion carried unanimously by voice vote.
Colton Knight presented three proposed bylaw amendments:
Amendment 1: Electronic Meetings
- Adds a section to Article 8 allowing the committee to conduct business electronically.
- Refers to the BEP Policy and Procedures Manual for procedural details.
Amendment 2: Voting Eligibility
- Expands voting rights for bylaw amendments to all licensees, not just vendors.
- Clarifies that licensees may vote for committee representatives and bylaw changes.
Amendment 3: Chair/Vice Chair Eligibility
- Clarifies that candidates must have operated a vending facility under a LOFA for a minimum of three years prior to the election.
- Discussion included whether the three years must be consecutive and whether candidates must currently be under a LOFA.
Discussion and Debate
Extensive discussion on: Definitions of “vendor” vs. “licensee,” whether to require current LOFA status for eligibility, public records compliance and Sunshine Law implications, voting procedures: secret ballot vs. voice vote, ensuring ballot integrity and voter eligibility.
Voting on Amendments
Amendment 1: Adopted with the term “An eligible voter” replaced by “Any vendor.”
Motion made by Ponchak to adopt Amendment 1 as amended. Second by Knight. Ponchak called the question.
Feldsteen - Yes
Knight - Yes
Turner - Yes
Brinton - Yes
Stevens - Yes
Hubbard - Yes
Quintanilla - Yes
Bekric - Yes
Ramirez - Yes
Gonzalez – Yes
Ponchak – Yes
Crosby – Yes
Passed unanimously to be sent to the body of vendors for consideration at the Biennial Seminar.
Amendment 2: Adopted with added language to include “electronic means” for voting.
Motion by Ponchak to adopt Amendment 2. Second by Knight. Motion to add the word “electronic means” after the word licensees by Ponchak, second by Turner.
Feldsteen - Yes
Knight - Yes
Turner - Yes
Brinton - Yes
Stevens - Yes
Hubbard - Yes
Quintanilla - Yes
Bekric - Yes
Ramirez - Yes
Gonzalez – Yes
Ponchak – Yes
Crosby – Yes
Passed unanimously to be sent to the body of vendors for consideration at the Biennial Seminar.
Amendment 3: Adopted to allow electronic meetings and voting, with procedural safeguards.
Ponchak made a motion to adopt Amendment 3. Second by Hubbard. Knight called the question.
Feldsteen - Yes
Knight - Yes
Turner - Yes
Brinton - Yes
Stevens - Yes
Hubbard - Yes
Quintanilla - Yes
Bekric - Yes
Ramirez - Yes
Gonzalez – Yes
Ponchak – Yes
Crosby – Yes
Passed unanimously to be sent to the body of vendors for consideration at the Biennial Seminar.
Voting Procedure Resolution
Discussion on how to conduct secret ballots while maintaining public records compliance.
Motion made by Knight to amend the motion to read: Elections for Chair and Vice-Chair shall be held by secret ballot. The secret ballot shall have no identifying information. A list shall be prepared of licensees eligible to vote and shall be given to each consultant. Each eligible licensee shall sign off next to their name that they have received a ballot. A ballot box shall be placed at each table. Voters shall cast their vote and place it into the ballot box. Ballot boxes shall be returned to the central counting area. Second by Ponchak.
Question called by Colton Knight.
Feldsteen - Yes
Knight - Yes
Turner - Yes
Brinton - Yes
Stevens - Yes
Hubbard - No
Quintanilla - No
Bekric - No
Spence - Yes
Gonzalez – No
Ponchak – Yes
Crosby – Yes
Motion passed 8 to 4.
Ponchak asked for the written legal written opinion referenced in discussion to be provided to the Committee. If a copy cannot be obtained in a week or so, then another meeting be held to reconsider the vote. Risk has recently asked for an opinion from the current DOE Legal Department.
Appointment to Selection Panel
Darryl Brinton was nominated to the selection panel for one session of the Type I process in July 2025 by Ponchak. Second by Knight. Ponchak moved nominations be closed. Ponchak moved Brinton to be elected by acclamation. Appointment made by acclamation to fill a vacancy.
Motion to adjourn by Knight. Second by Hubbard. Meeting adjourned at 5:02 p.m.
