HomeMy WebLinkAbout20102918.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 13, 2010
The Board of County Commissioners of Weld County, Colorado, met in regular session in full
conformity with the laws of the State of Colorado at the regular place of meeting in the Weld County
Centennial Center, Greeley, Colorado, December 13, 2010, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following members
were present, constituting a quorum of the members thereof:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner William F. Garcia
Commissioner David E. Long
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of December 8, 2010, as printed. Commissioner Long seconded the motion,
and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of
Hearings conducted on December 8, 2010, as follows: 1) USR #1757 — Latimer and Nancy Bohling,
and 2) Show Cause re: USR #1351 — James Wrenfrow. Commissioner Conway seconded the motion,
which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Doug Meyer, Weld County resident, thanked the Board for its participation in a
meeting with Congressman Cory Gardner and Senator Scott Renfroe, and he thanked Commissioners
Conway and Kirkmeyer, in particular, for sticking up for private property rights. He stated Mayor John
Hickenlooper wants to bring an economic development specialist into the County to develop an
economic plan; however, Weld County has the authority to develop its own economic plan.
Mr. Meyer stated he wants to tell the Board about what is happening in the State of Texas, to keep an
eye out for whether it happens in the State of Colorado. He stated the City of San Antonio, in Bexar
County, is creating a multi-County land use habitat plan, which will set the precedence for the rest of
the State of Texas, if it is implemented. He stated the plan is called the Southern Edwards Plateau
Habitat Conservation Plan and it establishes fees for land owners who have habitat for endangered
species. Mr. Meyer stated according to a news release published by the Exotic Wildlife Association,
this plan is nothing more than a zoning plan that the Federal government wants local governments to
A" Minutes, December 13, 2010 2010-2918
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implement for it. He stated the regional land use plan will encompass thousands of acres within Bexar,
Medina, Madera, Kerr, Kendall, Blanco, and Comal Counties. He stated a stakeholder group formed by
the U.S. Fish and Wildlife Service, the Texas Parks and Wildlife Service, the City of San Antonio, and
Bexar County are creating the multi-County Plank, which means a group of unelected officials are
creating a funding mechanism to charge homeowners and landowners fees. He stated the plan is
supposedly for the protection of two (2) songbirds and numerous other endangered species, such as
cave bugs. Mr. Meyer stated this plan has been attempted twice before; however, citizens and
landowners fought and killed it. He stated proponents of the plan claim there is a crisis the plan will
avert because nearly 3,200 acres of habitat are destroyed each year, and that is why the plan must be
implemented. He stated the plan is a stealth way of gaining more Federal control over private property,
by enlisting local help, and the plan, if implemented, will create a large preserve funded by fees
charged to landowners who want to utilize their private property. Mr. Meyer stated the City of San
Antonio and Bexar County will be able to set a fee per acre and charge landowners to use their own
land. He stated the fee will be called mitigation, and it will come in many different forms, including a per
acre fee paid by the landowner into an account which will be used to purchase land for a preserve. He
stated another form of the mitigation will be where landowners are required to set aside up to three (3)
acres for no use, for every one (1) acre the property owner wants to use, and another form of payment
will force landowners to purchase other habitat to replace the habitat they destroyed on their property
when they want to build a home, erect a fence, install a water tank, or any other normal activity on
private property.
Mr. Meyer stated Montezuma County is the newest County to take up the coordination process. In
response to Commissioner Conway, Mr. Meyer stated there are nearly 100 counties which have
enacted coordination across the nation, and six (6) counties within the State of Colorado are engaged
in, or are beginning, the coordination process.
Brad Taylor, Weld County resident, indicated he is present with a group of people from the Weld
Advocacy Network on Disabilities (WAND) to speak about County transportation. He stated the City of
Greeley conducted a feasibility study to examine the need for public transportation/transit and he
inquired as to whether the County has considered completing a similar study. In response to Chair
Rademacher, Commissioner Long stated there is a transportation plan and there has been research
completed on transit, which is separate from the transportation system; however, there has not been a
comprehensive study completed recently.
In response to Commissioner Garcia, Monica Mika, Director of Finance and Administration, confirmed a
study was completed by consultants; however, it was more of a functional assessment study than a
feasibility study. She indicated the study considered the transit designs and constraints, such as
present and future resources, and some changes were made as a result of the study, including some
realignment to meet the needs of the Department of Human Services. Commissioner Kirkmeyer stated
the Tri-Town area of Frederick, Firestone, and Dacono is currently conducting a transit study for the
southwest corner of Weld County and there have been other transit studies completed in other parts of
the County, in addition to the City of Greeley. She stated the City of Fort Lupton completed a transit
study at one time where it partnered with the Area Agency on Aging, and the City also completed a
transit study with the Tri-Town area. She indicated there have been various transit studies completed
in different areas of Weld County; however, the issue is that people need to travel in different directions,
for example, many people in Erie, Mead, or the Tri-Town area travel west for medical appointments or
grocery shopping, people in the City of Fort Lupton often travel south to Adams County, and people in
the Town of Windsor often travel to the City of Fort Collins. In response to Chair Rademacher,
Commissioner Kirkmeyer stated some of the studies were conducted through the Department of
Human Services. Ms. Mika stated the County has also partnered with DRCOG (Denver Regional
Council of Governments) on numerous occasions to examine how Weld County services compare with
Minutes, December 13, 2010 2010-2918
Page 2 BC0016
the services in the Denver Metropolitan area, as well as researching taxing authority. Commissioner
Conway stated the County has also been closely involved with the North Front Range
MPO (Metropolitan Planning Organization). He stated when dealing with a County which is more than
4,000 square-miles, which is larger than the States of Rhode Island and Delaware combined, it is
difficult to construct a County-wide transit system, particularly with the different needs in the various
parts of the County. He stated the North Front Range MPO does not cover the south part of Weld
County; however, it is always trying to explore and discuss expansion. Commissioner Conway stated
there was an effort on the part of the North Front Range MPO to provide a transportation link between
the Cities of Greeley and Loveland, and between the Cities of Loveland and Fort Collins; however, it
may have been ahead of its time. He stated the Board of County Commissioners was active in setting
up the Highway 85 Coalition, and one of the areas being discussed is between the Town of Eaton and
the City of Brighton, along the Highway 85 Corridor. He stated there is an RTD (Regional
Transportation District) park-and-ride near the City of Brighton, which is the reason the area that far
south was being considered, and the Board is always interested in hearing ideas, since it is a
challenging matter. Mr. Taylor stated in addition to being involved with WAND, he has been involved
with the MPO group for about a year, and it explores the transportation needs all over Weld County. In
response to Chair Rademacher, Commissioner Conway confirmed there was some discussion about
bringing the 34 Xpress bus route back. Commissioner Conway stated a group of people presented a
petition regarding it, and some of those people are present today.
In response to Commissioner Conway, Steve Teets, member of WAND and the Citizen's Bus
Improvement Committee, stated a petition was presented to the North Front Range MPO on behalf of
the Citizen's Bus Improvement Committee, which would like to have the 34 Xpress revisited, to travel
from the City of Greeley to the Cities of Loveland and Fort Collins, and there is now a Flex bus route
from Loveland to Longmont, which connects into RTD. He stated in addition to visiting family, he
sometimes needs to attend meetings in the City of Denver; therefore, it would be beneficial for him to
be able to utilize the 34 Xpress system, as well as for the many people who need to travel to Loveland
or Ft Collins for medical reasons. He stated feedback from the community has indicated the 34 Xpress
would be used more if the City of Greeley had a good bus system. Mr. Teets stated people need to
travel and the 34 Xpress would help all the cities involved, and it is important to have a regional system.
He suggested perhaps the Board can consider a RTA (Regional Transportation Authority) or a joint
effort between the City of Greeley and Weld County to cover some of the area, which he knows was
previously attempted and it did not work out; however, he would like to see the County and the City
return to the table to try again. Mr. Taylor stated his recollection is that the City of Greeley indicated it
was not interested in the transportation merger with Weld County. He stated the County transportation
system is primarily associated with providing rides for medical appointments and it is not available for
other activities; whereas, the City bus is available for a number of other activities, such as grocery
shopping or travelling to a movie theater. He clarified the City bus system will allow people to schedule
a ride wherever they need to travel; therefore, people can be more integrated with the community and
their friends and families; whereas, the County bus system is very restrictive as to where it will provide
rides. Commissioner Long stated he will be coordinating the Department of Human Services again
next year and he would be glad to attend a WAND lunch and participate in a discussion about the
situation and options for the future. Mr. Taylor indicated he appreciates Commissioner Long's previous
involvement regarding establishing a grievance process and steps to resolve situations where a person
is not able to obtain a ride, and he stated the City of Greeley has a process in place now as well.
Commissioner Conway indicated there are vans which provide rides to work for the Van-GO! Program,
and he will ask whether the vans which are not in use can be utilized for a Dial-a-Ride Program, to
address the gaps which are not currently being covered, and he requested Mr. Taylor's support, when
and if the concept evolves and is presented to the North Front Range MPO Council, through the Transit
Sub-Committee. In response to Chair Rademacher, Commissioner Conway indicated he believes most
of the 34 Xpress busses have been returned to the City of Greeley, and he confirmed the busses were
Minutes, December 13, 2010 2010-2918
Page 3 BC0016
provided by a Federal grant. He stated the busses were returned to the Colorado Department of
Transportation (CDOT), which had the responsibility for deciding where the busses would be utilized,
and he believes some of the busses were provided to the GET (Greeley-Evans Transit).
In response to Commissioner Conway, Janet Carter, Department of Public Works, confirmed the
busses were returned to CDOT, and then redistributed to other groups with similar grant programs.
She stated some of the busses were distributed to the Flex Program and at least one bus was provided
to the GET; however, she is unsure as to the distribution of the rest of the busses. Further responding
to Commissioner Conway, Ms. Carter stated the Colorado Springs Program was Federally funded;
whereas, the 34 Xpress was funded by the State of Colorado, which is why the busses were not
redistributed among other states. Mr. Taylor stated another opinion people had expressed to him is
that they wished the 34 Xpress system would have been extended to include other pick-up points, such
as a downtown Greeley stop and stops along West 10th Street, or a stop at the Greeley Mall, rather
than just stopping at 1st Avenue, which may have changed dynamics and increased the ridership. He
indicated that over the last 20 years which he has been a disability advocate, many people have
expressed a strong need for the 34 Xpress and he is surprised it was not successful. Commissioner
Conway stated the Board of County Commissioners worked very hard at improving the 34 Xpress route
and adding a U.S Highway 85 component to it, and it spent many months working with representatives
from the Cities of Greeley and Loveland; however, the decision to ultimately discontinue the 34 Xpress
was made by the Loveland and Greeley City Councils, due to funding requirements and resource
issues. He stated all of the work completed by the Sub-Committee can still be put into practice.
Commissioner Long stated he will be in touch with Mr. Taylor regarding WAND. Mr. Taylor stated
WAND still meets on the 4th Thursday of every month, unless there are conflicting holidays.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
PRESENT BID #61000167, ELEVATOR MAINTENANCE - DEPARTMENT OF BUILDINGS AND
GROUNDS: Monica Mika, Director of Finance and Administration, stated said bid will be presented for
approval on December 27, 2010, and when the bid is presented for approval, she will provide the
annual costs for comparison purposes. She stated this will be a one (1) year contract, with four (4) year
renewals, and the contract includes all of the County elevators, with the exception of the one (1)
elevator which is under warranty at the courts. In response to Chair Rademacher, Ms. Mika stated
Kone, Inc., from the City of Englewood, is the vendor currently providing the service. Chair
Rademacher stated there is a large disparity between the high and low bids. Ms. Mika stated she
would like to include the maintenance requirements in the record, since it is currently not included for
the Board's review. Commissioner Conway indicated the two (2) lowest bids are very close in price,
and since the elevators are old, it may end up saving money to continue with a company which is
familiar with the elevators and understands the elevators' quirks, even though the current vendor's bid
is slightly higher than the lowest bid. He stated one can be pennywise and pound foolish; therefore,
when the bid is presented for approval he wants to hear about staffs level of satisfaction with the
current vendor. Commissioner Garcia indicated Kone, Inc., has a lower escalation price per year than
Thyssenkrupp Elevator; therefore, Kone, Inc., may end up being the lowest bidder when the
calculations are made.
Minutes, December 13, 2010 2010-2918
Page 4 BC0016
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - GREELEY PLAZA WEST, LLC,
C/O THOMSON REUTERS PROPERTY TAX SERVICES: Christopher Woodruff, Assessor, indicated
this petition is for the year 2009, and the property was originally valued at $791,720.00; however, after
additional information was provided to staff in the year 2010, the actual value was adjusted to
$650,000.00, resulting in an abatement of value in the amount of $141,720, and an abatement of tax in
the amount of$3,093.93. He recommended approval of the petition. Commissioner Conway moved to
approve said tax abatement, in the amount of $3,093.93, based on staffs recommendation. Seconded
by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - COLORADO FRONT RANGE
HOLDING COMPANY, C/O DARREL ADOLF/COLORADO COMMUNITY BANK: Mr. Woodruff stated
this property is a leased building in the Town of Milliken, which is placed on railroad right-of-way. He
stated the lease was terminated in the year 2007, which is the basis of the petition. He stated there
was no transfer of the title for this building until February, 2008; therefore, he is not able to support the
2008 request; however, the request is appropriate for the year 2009. Mr. Woodruff clarified that he
recommends approving the petition, in part; he recommends the value remain unchanged for the year
2008, and that an adjustment be made for the year 2009, to lower the actual value from $1,025,592.00,
to $875,592.00, resulting in an abatement of tax in the amount of $5,719.95. There were no
representatives of Colorado Front Range Holding Company or Colorado Community Bank present.
Commissioner Garcia moved to deny the petition for the year 2008, and approve the tax abatement for
the year 2009, in the amount of $5,719.95, based on staff's recommendations. Commissioner
Kirkmeyer seconded motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - CASTULO AND AUNDREA
VENEGAS: Commissioner Garcia indicated, for the purpose of disclosure, that he has been involved in
business contracts with the Venegas family; however, he has not represented them as council, and he
feels he is able to consider this petition in an impartial matter. Mr. Woodruff stated this is a petition for
Tax Years 2009 and 2010, and there was not an appeal filed in either year. He indicated the petitioners
do not think the property value from the year 2008, in the amount of $289,960.00, should have been
increased; however, the value was increased for the year 2009 to $316,320.00. He stated staff
re-examined sales and income information from the target period and they found a fair market value
was $369,000.00, when considering comparable sales for restaurant properties on the east side of the
City of Greeley. He stated the income approach indicated a property value of $318,500.00; therefore,
the value of $316,320.00 is lower than either of the indicated values for the target period, and he
recommends denial of the petition. There were no representatives present for Castulo and Aundrea
Venegas. Commissioner Long moved to deny said petition for the years 2009 and 2010, based on
staff's recommendation. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - NORTHERN COLORADO
MOTORS, INC.: Mr. Woodruff stated this is a petition for the year 2009, for a personal property, and a
representative apparently tried to file an appeal in the year 2009; however, there is no record of it;
therefore, this petition was filed. He stated the property was originally valued at $158,726.00 for the
year 2009; however, upon receiving the information from the company, it was discovered the company
has less than $4,000.00 in equipment; therefore the property deserves a value of zero, resulting in a tax
abatement in the amount of $3,515.05. Commissioner Conway moved to approve said tax abatement,
in the amount of $3,515.05, based on staff's recommendation. Seconded by Commissioner Garcia, the
motion carried unanimously.
Minutes, December 13, 2010 2010-2918
Page 5 BC0016
CONSIDER AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES ON CR 54 AND
AUTHORIZE CHAIR TO SIGN — UNION PACIFIC RAILROAD COMPANY: Michael Bedell,
Department of Public Works, stated this and the following agreement are related to a recently approved
Memorandum of Understanding (MOU) regarding proposed improvements to the intersection of County
Roads 54 and 49, and the next step in the process is for Union Pacific Railroad Company to scope the
railroad crossings and prepare detailed cost estimates for the proposed improvements, and then the
improvements will be submitted to the Public Utilities Commission (PUC) for its approval. He stated
before Union Pacific Railroad Company will scope the railroad crossings and price the projects, these
agreements must be signed and submitted, and the agreements indicate the County will compensate
Union Pacific Railroad Company for its work. In response to Chair Rademacher, Mr. Bedell stated that
in order to construct a new railroad crossing on County Road 54, the County has agreed to partner on
with Union Pacific Railroad Company on safety improvements at County Road 80, as well as to
consider closing one (1) railroad crossing located near the Town of Gilcrest, on County Road 31. In
response to Commissioner Kirkmeyer, Mr. Bedell confirmed the railroad crossing on County Roads 80
and 85 are not closing; County Road 80 is one (1) of Union Pacific Railroad Company's priorities, since
it has been the location of a number of accidents; therefore, it wants to partner with Weld County
regarding safety improvements at the crossing, including signals, bells, and lights. He stated if the
County partners with Union Pacific Railroad Company in applying the PUC, State funding may be
awarded for the improvements. Commissioner Kirkmeyer stated from the work sessions she thought
the County would have to close two (2) of the intersections along U.S. Highway 85, in order for Union
Pacific Railroad Company to partner with the County on the improvements the County wants to
complete on County Roads 54 and 49. In response to Commissioner Kirkmeyer, Commissioner Garcia
stated the agreement indicates one intersection will be closed and one will be signalized. Mr. Bedell
stated what Commissioner Kirkmeyer is recalling may have been Union Pacific Railroad Company's
initial request; however, as the MOU developed, it turned into a request to close one (1) crossing and to
jointly apply to complete safety improvements at another crossing. Chair Rademacher inquired as to
whether Union Pacific Railroad Company will maintain the improvements once the improvements are in
place. Mr. Bedell confirmed Union Pacific Railroad will maintain the improvements, and he clarified the
County does not have the ability to maintain railroad facilities. Commissioner Kirkmeyer inquired as to
whether it is less expensive to complete the signalization and safety improvements at County Road 80
or to close the access to U.S. Highway 85. She stated the crossing at County Road 80 was selected
due to its low traffic count. Mr. Bedell stated County Road 31, near the Town of Gilcrest, was selected
because of its low traffic count; however, he is unsure of the traffic count on County Road 80. He
stated County Road 80 was requested by Union Pacific Railroad Company because it has a history of a
lot of accidents occurring at that location; whereas, the crossing on County Road 31 has very little
traffic. Ms. Carter indicated she is looking up the traffic count on County Road 80, and the average
daily traffic count on County Road 31 was 161 vehicles, according to a count taken in the year 2008.
Commissioner Kirkmeyer stated the intersection is diagonal; therefore, it is an unsafe intersection;
however, the traffic count was not as low on County Road 31 as it was on County Road 80, if she
recalls correctly, and it was determined that it made sense to close County Road 80 due to the location
of the houses. Chair Rademacher indicated he does not remember discussing closing County
Road 80. In response to Commissioner Kirkmeyer, Mr. Barker stated the work session on this matter
occurred two (2) or three (3) weeks ago. In response to Chair Rademacher, Mr. Bedell stated the
agreements are somewhat time-sensitive, since the PUC has money earmarked for the project on
County Road 80, and if the paperwork is not submitted in a timely manner, the money may be provided
to a different project. Commissioner Garcia moved to approve said agreement and authorize the Chair
to sign. Seconded by Commissioner Conway, the motion carried unanimously.
Minutes, December 13, 2010 2010-2918
Page 6 BC0016
CONSIDER AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES ON CR 80 AND
AUTHORIZE CHAIR TO SIGN — UNION PACIFIC RAILROAD COMPANY: Ms. Carter indicated she
has found the traffic information for County Road 80, and it has an average daily traffic count of
174 vehicles, according to a count taken in the year 2009. Mr. Bedell stated the traffic counts on
County Roads 80 and 31 are similar; however, there were more accidents on County Road 80.
Commissioner Garcia moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER RIGHT-OF-WAY USE PERMIT AND ACCEPT COLLATERAL FOR TWO (2) YEAR
WARRANTY OF WORKMANSHIP — KERR-MCGEE GATHERING, LLC: Ms. Carter stated this is a
two (2) year bond for Right-of-Way Use Permit #RW10-00401, since Kerr-McGee Gathering, LLC, will
be installing a 20-inch steel gas pipeline for public use. She stated that because the pipeline is not
solely for the use of Kerr-McGee Gathering, LLC, the Department of Public Works did not request a
nonexclusive license agreement; however, it did request a bond to guarantee the workmanship, since
Kerr-McGee Gathering, LLC, will be boring under County Roads 22, 24, and 26. In response to Chair
Rademacher, Ms. Carter confirmed the bond is in the amount of $15,000.00. Commissioner Conway
moved to approve said Right-of-Way Use Permit and accept collateral for the two (2) year warranty of
workmanship. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER AGREEMENT FOR PURCHASE OF REAL PROPERTY AND AUTHORIZE CHAIR TO
SIGN NECESSARY DOCUMENTS - TOWN OF KERSEY: Mr. Barker stated this agreement is for the
sale of a piece of property the County has to the Town of Kersey, for the price of $1,000.00.
Commissioner Kirkmeyer moved to approve said agreement. Commissioner Garcia seconded the
motion. Chair Rademacher indicated he thinks the property is worth more than $1,000.00.
Commissioner Kirkmeyer stated the amount is consistent with similar agreements the County has had
with other municipalities within Weld County. There being no further discussion, the motion carried
unanimously.
CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN
- SARAH BOUSMAN: Commissioner Conway moved to appoint Sarah Bousman as a Deputy District
Attorney and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER MINERAL PERMIT TO CONDUCT GEOPHYSICAL OPERATIONS AND AUTHORIZE
CHAIR TO SIGN - BONANZA CREEK ENERGY COMPANY, LLC/ C/O TESLA-CONQUEST, INC.:
Mr. Barker stated this permit is for the seismic surveying of minerals the County owns, and there is no
fee charged for these permits unless the County is the surface owner. He recommended approval of
the permit. Commissioner Conway moved to approve said Mineral Permit to Conduct Geophysical
Operations and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, December 13, 2010 2010-2918
Page 7 BC0016
There being no further business, this meeting was adjourned at 9:50 a.m.
BOARD OF COUNTY COMMISSIONERS
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Minutes, December 13, 2010 2010-2918
Page 8 BC0016
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