HomeMy WebLinkAbout20132876.tiffHEARING CERTIFICATION
RE: CONSIDER SERVICE PLAN, MET13-0002, FOR EATON AREA PARK AND
RECREATION DISTRICT
A public hearing was conducted on October 14, 2013, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Susan Brown
Assistant County Attorney, Brad Yatabe
Planning Department representative, Michelle Martin
The following business was transacted:
El I hereby certify that pursuant to a notice duly published October 2, 2013, in the Greeley
Tribune, a public hearing was conducted on October 14, 2013, to consider the proposed Service
Plan for the Eaton Area Park and Recreation District. Brad Yatabe, Assistant County Attorney,
made this a matter of record.
El Michelle Martin, Department of Planning Services, presented a brief summary of the
proposal, noting the proposed service area aims to provide access to affordable and quality
recreation opportunities, is 230 square miles and corresponds to the boundaries of the Weld
County RE -2 School District, and notice was mailed to affected property owners on September
12, 2013. In December of 2012, 249 surveys on the plan, from Eaton and the surrounding
areas, were returned, indicating overall favorability. Ms. Martin reviewed the favorable
recommendation of Don Warden, Weld County Director of Budget and Management Analysis,
who wrote that the assessed value assumptions are prudently conservative, although
dependent upon the oil and gas values and property values. She stated the Weld County
Department of Public Health and Environment's referral was also positive. She reported the
Planning Commission recommended denial with the reasoning that adequate recreation
opportunities are already available in the area.
El Brad Yatabe, Assistant County Attorney, referred to maps and lists he compiled identifying
applications for exclusion, see Exhibit CCCC (unincorporated Weld County requests and
Eaton's are listed separately). He noted that the Town of Severance is to be excluded;
therefore, a list of requests from Severance property owners will be mute. He also referred to
one late request from Sherrie and Mark Lawley. Commissioner Kirkmeyer requested
confirmation of her understanding that Planning Commissioner Mark Lawley owns property in
the area, yet no statement was made in the hearing with regard to that potential conflict of
interest. Chair Garcia confirmed the Savannah Corporation holds the severed mineral rights -
and that was formed by Sherrie Lawley.
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IA Russell Ansen, Attorney, represented the applicant and stated a total of 1,000 petitions
were sent out and 249 were completed and returned, a typical percentage of response, and
confirmed there are 9,648 residents in the district. He reported an agreement was reached
whereby the Town of Severance was excluded. He also reported having no objections to the 27
requests for exclusion, as they represent less than 1 percent of projected levy. He stated that
the mineral rights are also excluded (later corrected). In response to Commissioner
Rademacher, he confirmed the letter made no specific reference to mineral interests, but does
conform to statutory notice requirements. Mr. Ansen stated the City of Greeley sent a request
for exclusion just last week, which was an untimely response that did not allow time to analyze
and report on the financial impact of that potential. He said his understanding was that
Greeley's long-term growth boundaries were included in that request, noting those properties
may never be annexed or could be annexed to Eaton, and stated his opinion that this area has
more of a community of interest with Eaton than Greeley, because their children go to Eaton
schools, and noted they have an opportunity to petition out even after the district is approved.
In response to Commissioner Conway, Mr. Ansen clarified their major objection is to the
inclusion of the growth boundaries, but they don't believe the City of Greeley's exclusion would
have a major impact on the feasibility of the plan. In response to Commissioner Conway,
Mr. Ansen again confirmed land and mineral rights are tied together in exclusion requests. He
also confirmed every property owner in the proposed district was noticed, even those in the City
of Greeley, and those over 40 acres. Commissioner Kirkmeyer explained this would be a
separate legal entity with a Board of Directors subject to a Service Plan, and stated her belief
that all the requirements for approval have been met; the District Court will then set up an
election and a final decision is made by the voters. The school district and the town have
worked closely together, and would share the proposed facilities and share the existing facilities,
which are currently inadequate to the needs of the community.
Mr. Ansen addressed the reasons for denial given by the Planning Commission, and
explained the State statute in regard to the criteria. He reviewed current recreational
opportunities in this community and their limitations in detail, including the age of the facilities,
and pools available in the area, noting most of these are only available for use by school
children but not the general public. He said the committee went to various facilities in the area
to evaluate what types of facilities and recreation were available and most utilized, interviewed
three architects and held public meetings, there is also a Facebook webpage, and newspaper
notices were published. He also presented a North Weld Herald front page advertisement for
one of the open houses, entered into the record as Exhibit DDDD; in addition, a letter to the
editor clearly explained the process of applying for exclusion, and this was entered into the
record as Exhibit EEEE. The committee has spent $37,000 dollars on these preliminary building
plans. Mr. Ansen asserted the Eaton community is very cohesive, even in the summer when
school is out: there are sports teams organized that play in leagues that use available facilities
(when they can), but not all requests can be accommodated, which is why sports fields are
proposed at the facility. The survey indicated that people wanted an outdoor pool, but because
of maintenance costs an indoor pool was deemed appropriate at this time. He stated the Eaton
Planning Department has recommended approval. He explained there will be two separate mill
levys, one for operation expenses and one for the construction; the bond issue is extended out
25 years, but may end sooner. There will also be user fees, but low enough that everyone will
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be able to use the facilities. Iii He said the financial plan was prepared by George K. Balk
and Company, and that Alan Homberg, a committee member, has done extensive calculations
to make sure the plan works, even including the exclusions. He said their plan was based upon
the County's example and properties of 40 acres or more are automatically excluded and
explained how the plan meets the qualifications called for by State Statute. He noted of
Greeley's two facilities that the closest takes a minimum of 20 minutes to reach from Eaton. He
reviewed other area facilities and said this service plan meets the goal for parks and recreation
referenced in the Weld County Comprehensive Plan. He also spoke in regard to the Great
Western Trail, currently being constructed. He reiterated that the school has first priority for use
of the facilities, and noted that if kids can go to the recreation facility after school, parents can
pick them up from there and work later hours.
Mr. Ansen refuted the Planning Commission's unfavorable recommendation, noting that all
the referrals were positive; Don Warden approved the plan as financially sound, although largely
dependent upon oil and gas, and the plan has support from the oil and gas industry from
Anadarko, Synergy and PDC Energy, Inc.; In fact, PDC donated $10,000 in support. He said
Bank of Colorado also gave $5,000, and many smaller donations were received as well. He
said they seek approval from the Board to go forward, but the voters will make the final
determination and concluded that the majority of people in this district want this facility. He also
referred to the Planning Commissioners who were outvoted and in favor of the plan. Mr. Ansen
thanked Weld County staff for their assistance.
Commissioner Kirkmeyer asked for projections of community growth. Mr. Ansen
confirmed there is still an opportunity for the City of Greeley to petition out after approval; the
City of Greeley can petition the Court for removal, and also the District itself. He confirmed that
all 40 -acre parcels are excluded and the Town of Severance, which will have less than
1 percent impact. El In response to Chair Garcia, Mr. Ansen said that does not include
subdivisions, and he said most of the population is to the north. Mr. Ansen said the school
district boundaries were chosen because it is a community of interest. He confirmed the
proposed site is less travel time from Galeton than going to Greeley. In regard to Chair Garcia,
Mr. Ansen confirmed that the Great Western Trail is supported by the Town of Eaton, and
deferred to the Mayor (present). Mr. Yatabe clarified Commissioner Kirkmeyer's question, he
said pursuant to case law subsurface rights are not automatically included in an exemption.
Mr. Ansen stated that is correct, and it is a difficult question. Commissioner Kirkmeyer clarified
that the subsurface interests are not excluded. Commissioner Rademacher referred to the
omission of any mention of mineral interests in the notice sent out; he also noted Noble Energy
was not on the list of supporters. In response to Commissioner Rademacher, Mr. Ansen said
there isn't a written agreement in place with the school district that this facility will be on their
property. Commissioner Conway confirmed the next stop is District Court, and people can
request exclusion at that time. Mr. Yatabe did not know the number of days they would have
after the notice to apply for exclusion.
e Randy Miller, Superintendant of the RE -2 School District, answered an earlier question,
citing an in-house study showing a current population of 8,000 and a rate of 1.45 percent
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population growth over ten years time. Nina Lewis said 391 signatures were collected in 14
days, with 6 opposed, and gave age and urban/rural demographics as well. She addressed
increasing waitlists for sports and after school enrichment programs and noted that older adults
want to stay close to home during the winter, and there are few opportunities for them to
socialize or exercise. In response to Commissioner Conway, she said 35-40 attended the town
hall meeting in Eaton last week. The petitions were submitted into the record as Exhibit GGGG.
Commissioner Kirkmeyer said the Board needs to confirm a sufficient need for organized
services. She noted, personally, that Brighton, Erie and Dacono are all similar driving distance,
but people go to Brighton if they went to school in Brighton. Ms. Lewis said, "We are a
community and Galeton is part of our community and come to events in Eaton as the
centralized location"; the RE -2 community is the same, as opposed to considering themselves
part of the Greeley community. Mr. Miller said from a coach's perspective kids from Nunn join
teams in Eaton; they are coming already, so we hope to pull in more of the northern kids so they
don't have to go all the way to Greeley.
le Kevin Ross, Member of the Town Board, talked about the need for this facility and
presented a compilation of usage numbers, put together by the athletic director of the high
school, to back up the claim that the school facilities are maxed out, entered into the record as
Exhibit HHHH. He claimed the community is utilizing them more than the high school gets to;
the pool, auditorium, and basketball courts are all serving many organizations in the community
and the kids. He presented letters from the Oil and Gas Industry, from Anadarko, PDC,
Exhibit !III, and noted that Noble Energy was contacted after the Planning Commission Hearing
and no response, positive or negative, was received. Commissioner Rademacher asked about
a percentage of Noble leases. A letter of support from the Boys and Girls Club was submitted as
Exhibit FFFF. Commissioner Kirkmeyer said she believes the bulk of leases in the area are held
by PDC. Mr. Ross said he has two daughters in sports and it is inconvenient to drive to Greeley
or Evans multiple times a week. He also looks forward to an assembly hall, which will be
available for presentations, musicals, plays, graduations, and weddings; so it's a community
facility not just recreational, and there will be a kitchen for serving meals to seniors.
Commissioner Conway asked about what the Boys and Girls Club is currently doing. He said
they work only in Galeton and don't do anything in Eaton because no facilities are available.
Commissioner Rademacher noted PDC's letter only addresses the donation, not the taxation.
Scott Moser, Mayor of Eaton, said in the last four years the town has supported the Great
Western Trail authority. In response to Commissioner Garcia, he said he was not sure if the
trail is complete yet, but the rails are all gone now. Commissioner Rademacher asked if they
considered a mineral impact grant versus creating a taxing authority. Mayor Moser said no, but
they asked a variety of districts and facilities as to the best way to go about this. He rebutted
the Planning Commission's assertion that the Town of Eaton would have more benefit than the
rural residents. In response to Chair Garcia, Mr. Ansen stated that the benefits of tailoring the
recreation district with the school district is that, if tailored to the size of the Town of Eaton, it
would not help the school district meet the needs of the kids. He asserted that Ault, Pierce,
Nunn and Severance residents will come, as they are currently on Eaton sports teams. Mr.
Ansen explained limiting this to municipal boundaries doesn't make sense. Commissioner
Kirkmeyer asked about currently available senior facilities.
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e Brad Mueller, Director of Community Development, Culture, Parks and Recreation City of
Greeley stated Greeley, are not requesting exclusion for the long-range development plan areas
and are neutral on the subject of the creation of the parks and recreation districts, and
apologized for their late response due to personnel restructuring. He said he met with Mr. Alan
Homberg on September 30, 2013, and submitted comments shortly after that. He said current
property owners may exclude themselves, but the City has an obligation to look out for the
interests of future residents who would be double taxed. He said as residents grow into this
area (referring to potential subdivision projects) it is just a short drive to the 11th Avenue facility.
In response to Commissioner Conway, he noted these residents would not be annexed to
Eaton, but are congruent with Greeley and within city limits, which he showed on a map,
entered into the record as Exhibit JJJJ, although there is a possibility they will be in the Windsor
School District. He requested a clause that future annexations into the City be excluded in
sequence from the district and noted the Eaton Fire District has a similar agreement in regards
to de -inclusion after annexation, and suggested language for the record. In response to
Commissioner Freeman, he clarified these residents live in Greeley - but are part of the Eaton
school district. Commissioner Kirkmeyer noted the Fire District issue is currently in Court. She
said it is not so much exclusion requests, but the service area boundary that is in question.
Commissioner Rademacher concurred that the property owners should be allowed to decide for
themselves. Mr. Yatabe noted that the Board may grant approval with that as a condition.
Mr. Mueller stated they are trying to avoid the issue of continuity and congruity of services. He
said they also want to avoid ten -acres in next to ten -acres outside, etc. He said there should be
one single service provider for the municipality. No survey of the landowners as to their
preference has been done, but they would be double -taxed in that situation. El Andy
McRoberts, City of Greeley Parks Director, said this area, when incorporated, would be
provided parks that will go into the City of Greeley's taxation. Commissioner Kirkmeyer spoke to
the point of law in regard to the district boundaries versus exclusion and asked about changing
the service plan and boundary area now or in the future. Mr. Yatabe said there is a legal
process whereby a municipality can petition the Court for exclusion, but it cannot be waived as a
Condition of Approval. Mr. Yatabe distributed an email from Greg Bell, entered into the record
as Exhibit E about the exclusion of Severance for the Boundaries.
El Keith Olson, from Greeley's Riverview Subdivision, said he lives in the far southern
boundary of the school district and is in support of the recreation district because his kids go to
school there and they feel Eaton is their community. He said he also wanted to recognize
Eaton's accomplishments, and talked about some of the athletes from the area. He also
referred to a point of concern regarding a Planning Commissioner, his apparent non -disclosure
of a conflict of interest, and the validity of the Board's recommendation. Commissioner
Freeman confirmed Mr. Olson lives in unincorporated Greeley.
El Carrie Carroll said she wanted to address the Board's concerns about people beyond
Galeton being part of the Eaton community, saying she has driven her daughter to Eaton for
years. She also noted her son's coach drives from Milliken into Eaton. She said trying to get
into recreational sports in Eaton is a difficult process and many kids don't get on the team. She
said there are lots of kids that don't get to participate and miss out because there is an hour and
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a half wait to sign your kids up for sports. She also said there is no place for her to work out
close to her kids and lots of moms would take advantage of that. She said more community
members would utilize it, because it would belong to everyone.
e Tim Croissant, Eaton Board of Education, reported that all five Board members are in
support. He shared that the Town of Eaton because it is a great community because of long-
term leadership. For example, the water system looked to the future, and the school system
and the high school were voted on in 1960 and are meeting the community's needs after
substantial growth. He stated the planning commission said this is too ambitious, but they are
looking forward to future generations.
Pat Kindvall, Galeton school employee, said there are other sites that could be used for
competitive sports and aren't. In reference to the September 6, 2013, letter, she said people did
not look at the letter because it looked unofficial, so they wrote an editorial to the Eaton Herald
to give people information about opting out and tried not to be negative. She expressed
concerns about the building plans (the facilities ability to accommodate spectators), said the
senior citizen she talked to is very happy with the services provided by the Evangelical Free
Church, and she expressed concern about busing from Galeton to Eaton and who pays for that.
She said getting up early for recreation is just not a big deal. Commissioner Conway asked if
she knew of anyone who did not have an opportunity to opt out, and she answered in the
negative. In response to Chair Garcia, she said that Galeton is too far from Eaton, and vice -
versa and she had not heard of any proposed services to be provided in Galeton by the new
district. She said 50 percent of Galeton students are on free or reduced lunch, so gas money to
Eaton would be a hardship. In response to Commissioner Kirkmeyer, she said some of these
children participate in the Boys Club and Girls Club, but otherwise just wouldn't use these
services.
El Kathy French, a Galeton resident, remarked the letter looked like an advertisement not an
official letter. She said she was shocked that there was no information given previously to
taxpayers. She said after reading the booklet she was concerned, because there are seven
gymnasiums in the district which should be able to accommodate all the students in the district.
She said page 15, referring to the agreement with the school district, says it is a high school
facility not an Eaton Parks and Recreation facility. She remarked that surveys were sent home
only with the elementary students, and that she was told this was because of the cost, and she
feels the way this information was shared was completely out of line. Commissioner Conway
referred to the community meeting and the letter to the editor, and she confirmed she attended
the meeting.
e Stan Brown, Eaton resident, shared that he lives right next to where this building is being
built and expressed support and said anyone who is involved with kids knows they need
opportunities, especially rural kids, because this is what keeps kids out of trouble, in better
health, and involved in the community. He added that everyone in the community deserves the
right to vote on the issue.
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• Brad Moos, Mayor pro-tem, father of four, said he has had discussions with people
throughout the school district; his kids will be mostly grown when this comes to fruition, but he is
involved for the community's future. He noted that most of the negativity was diffused with
correct information, and he believes it should be voted on. In response to Chair Garcia, he said
they tried to do everything correctly and to get the information out to the public.
• Doug Meyer, Greeley resident, asked about people who have no option to opt out their
mineral rights, and the fact that renters who don't pay these taxes get to vote even though they
are not taxed. He also said this has to be a fair and informed vote.
Mr. Croissant stated that they are coordinating services for the community and school
district to be responsible to taxpayers by not duplicating services. Commissioner Kirkmeyer
asked if the school board's decision was already made, and was told they will either sell or long-
term lease, but that is not finalized. He said the gymnasiums are all in constant use by the
school children, as Mr. Ross's usage report reflects, and they are used by the community as
well. In response to Chair Garcia, Mr. Croissant said an elected five member Board will
manage it, and he can't speak to those decisions, they will do whatever is best for the
community.
ID Julie Kennedy, Eaton resident, spoke, as a business owner, in support of the district as
asset and said it may attract other businesses to Eaton. She said there were simpler times
without the academic, work and other pressures that we have now on our time; parents work
longer hours and kids also have more demands.
e Concerning Greeley's request for exemption, Mr. Ansen contended it was late and there
was no opportunity to investigate the financial impact, and he re-emphasized the community's
association with Eaton. He also noted these annexations are in only future possibilities and
there is already a way to opt out and said the district can't enter an agreement until it is created
and property owners should have the right to decide for themselves; Greeley cannot be
excluded now. There was a short discussion regarding the Town of Ault and whether or not
they wished to be excluded.
El Mr. Yatabe said there is no statutory requirement, but Greeley's response was sent less
than a week before the Planning Commission hearing; the ten-day deadline applied to this
hearing, not the Planning Commission Hearing. There are approximately 3,385 property
owners in the district, and October 4, 2013, was the deadline to opt out.
Mayor Moser made three points. The Town Square property that was referenced is
attached to a previous bond issue and not intended to be a sports park. The facility is all
conceptual at this point, and the pool will be of a size to host meets. Lastly, in regard to hunter
safety, the hardship is that the classes are always full, and Eaton kids do use Galeton facilities.
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Fi Mr. Ansen reviewed public notification and opportunities to ask questions. He asserted
they meet the requirements of State statute, have been recommended for approval by staff, and
are just asking permission to place the matter before the voters.
Chair Garcia explained the process concerning exclusions. Mr. Anson reiterated the
applicant's opposition to excluding properties and/or altering the boundaries of the proposed
district.
e Commissioner Rademacher stated he disagreed with both of the requests submitted by
the City of Greeley — that should be the purview of the property owners. I] Commissioner
Kirkmeyer concurred, but encouraged Greeley to follow statutory process. Commissioner
Conway agreed with the previous statements as to the lateness of the submittal. El Chair
Garcia expressed concern about double taxation for properties in the City of Greeley, but said
he is glad that there is a remedy via the Courts. Commissioner Conway concurred. El
Mr. Yatabe said he compiled fours sets of exclusion requests: Unincorporated Weld County,
Eaton, the Lawyleys' late request, and Severance requests (which could be a Condition of
Approval and therefore mute). He said the applicant may oppose these at this time, and Mr.
Ansen said they have no objections. El Commissioner Kirkmeyer moved to exclude the
properties within the first three (including the Lawley properties). The motion was seconded by
Commissioner Rademacher, and it carried unanimously. Commissioner Kirkmeyer requested,
with regard to Section 4, that the words subject to the following condition be added to state "the
properties that are within the Town of Severance and also within the Eaton School District
boundaries would be removed from the service plan and the service boundary" Commissioner
Kirkmeyer moved to amend the resolution accordingly. The motion was seconded by
Commissioner Conway, and it carried unanimously.
Michelle Martin also wanted under Section Four (4) a reference that because the location
of the facility is unincorporated Weld County all Weld County requirements apply. Commissioner
Kirkmeyer noted that Section Four (4) speaks only to the service plan and school district land
does not have to go through county planning process, but whether leasing the land or
purchasing they need to at least have a conversation with the County. It was confirmed the
building will likely be owned by the school district. Ms. Martin said that from other plans she has
reviewed have that specifically called out, and that is why she wanted it on the record.
Commissioner Kirkmeyer said the recreation district has to comply with Weld County's codes,
but the Board cannot encumber the school district via this resolution.
Commissioner Kirkmeyer made a motion in favor of approving the service plan, as
amended, with the properties in the Town of Severance would be removed from the boundaries.
The motion was seconded by Commissioner Freeman, and it carried unanimously.
Commissioner Kirkmeyer said the Statute is clear on what the Board needs to look at and
consider, and there is sufficient existing and projected need, the current situation is inadequate
to those needs and the proposed district has shown they are capable of discharging the debt.
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She said the statute does not address the taxation portion of the issue, which goes to a vote,
and there are still opportunities to opt out. She said their obligation is to provide a notice, not to
ensure that everyone reads the notice. She noted that her family goes to the recreation center
where they went to school because that is their community of interest and she does not believe
driving to Greeley is in this community's best interest. She said recreation usually takes second
place to everything else going on, and early morning and late night practices and games are a
hardship because both parents and kids are tired. She used Fort Lupton's recreation facility as
an example, stating that 15 years later, most of those opposed now feel it brought value to their
community.
El Commissioner Freeman said he mainly believes people have the right to vote and decide
for themselves. He said Eaton is a very tightly -knit community and he has seen that they do
open their doors to other schools and districts on a regular basis.
Ei Commissioner Rademacher spoke to the issue of the process, saying a mineral impact
DOLA grant would be more practical. He supports the right to vote, but the people providing the
funding through royalties don't get a vote and that is not fair. He also noted the fine print says
the mill levy is unlimited, and at the Board's discretion and the use of imminent domain powers
is also an issue, and concluded by asserting this could have been achieved another way.
Commissioner Conway said he concurs with Commissioner Rademacher in that he does
not like the process, the notification letter, etc., but the Board's charge is to see if the applicant's
met certain criteria, which he feels they did meet. He noted this is only an approval of allowing
the process to continue. He said the letters of support from the oil and gas industry, indicate an
effort was made to inform everyone, and Severance's exemption indicates willingness to
dialogue. He noted the full color front-page article as well as the letter to the editor in regard to
public notice, and also cited Mr. Warden's confirmation the financial plan is sound. He stated
there are still ample opportunities to discuss issues with the plan by opponents or those
concerned. He said this is one step in a process; the letter met statute, and noted this was a
volunteer, all citizens committee, and, in addition, the vote is not until next year.
IE Chair Garcia thanked everyone. He praised the letter to the editor for giving the facts
without bias. He said he believes there is a need, but expressed concern with regard to the
involvement of the greater community, including seniors and outlying towns. He said, should
this go forward, the issue of servicing the entire district needs to be considered and addressed.
He addressed the issues with the City of Greeley. He said he concurred with Commissioner
Rademacher with regard to mineral rights being taxation without representation issue, and
stated the Board will speak with legislators to change this at the state level.
Upon request for a roll -call vote, the resolution passed 4-1, with Commissioner Rademacher
opposed.
There being no further discussion, the hearing was completed at 1:10 p.m.
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This Certification was approved on the 16th day of October, 2013.
BOARD OF COUNTY COMMISSIONERS
WELD CQdfdTY, COLORADO
Weld County CI; rk to the Board
Barbara Kirkmeyer
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