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HomeMy WebLinkAbout20093214.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Robert Grand, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1716 APPLICANT: Weld County Public Works PLANNER: Kim Ogle REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Open Pit Mining and Materials Processing (dry mining) of construction materials in the A (Agricultural) Zone District. LEGAL DESCRIPTION: SE4 of Section 1, T8N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to CR 96 and west of and adjacent to CR 37. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. The County owns this 160 acre parcel which they intend to extract the mineral resource. The proposal includes a crushing facility utilizing existing material to be crushed, stockpiled and dispersed on local county roads in the area. There will be no concrete or asphalt batch plant at this location. This site will be utilized only when the Weld County Department of Public Works for road construction and maintenance activities in the area. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinances in effect. Section 22-5-80.8 (CM. Goal 2) states, "Promote the reasonable and orderly development of mineral resources." According to the Weld County Sand, Gravel Resources map dated July 1, 1975, is classified as VI (Water deposited gravel, sand, silt and clay along present stream coarses, and the material is predominately gravel that is clean and sound). The application materials indicate that the County has applied for a Special 112 Construction Materials permit for the Pierce North sand and gravel pit, M-2009-062 from the Colorado Division of Reclamation and Mining Safety. . The estimated thickness of gravel -bearing zones varies from between 0 and 30 feet in depth over the entire site. The material will be transported to the gravel processing area, crushed, and stockpiled for future and immediate graveling needs in the area. Prior to mining, overburden of the topsoil will be stockpiled directly north of the gravel processing area. The pit will be continuously mined during the winter months with hauling of material occurring late Spring to mid -Fall Section 22-5-80.8 (CM. Goal 3) states, "Minimize the impacts of surface mining activities on surrounding land uses, roads and highways." The applicant shall submit a Landscape (seeding) Plan that specifically addresses wind and water erosion of disturbed areas and wind erosion of stockpiled materials. Further, the applicant shall demonstrate that the impacts to County Road 37 and adjacent haul route roads from these mine related activities will have minimal impact to the road to the traveling public. The application materials indicate that Drainage and Erosion control plans are in place to control run-off from the processing area. Dust control will be accomplished by utilizing the county water truck assigned to the mining operation to control the on -site dust and the haul roads. Further, the County has indicated that a Storm Water Management Plan (SWMP) and Best Management Practices (BMP) Plan are in place along with the erosion control methods to be used at the mining site. 2009-3214 EXHIBIT Resolution USR-1716 Weld County Public Works Page 2 • • • Section 22-5-80.D.1.h (CM. Policy 4.1.8) states, "Require all mining operations conform to federal, state and local environmental standards." CM. Policy 4.1.5. Require, where possible, that batch plants and processing equipment be buffered from adjacent uses. Sand & gravel processing equipment and material stockpiles will be located to the north and adjacent to County Road 96 behind an earthen berm composed of overburden, thus reducing visual and noise impacts to surrounding properties and public rights -of -way. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the (A) Agricultural Zone District. Section 23-3-40.A.3 of the Weld County Code provides for a Site Specific Development Plan and a Special Review Permit for Mineral Resource Development Facility including Open Pit Gravel Mining and materials processing (Dry Mining) in the A (Agricultural) Zone District. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The site is currently utilized as non -irrigated farmland and is surrounded by pasture and or farmland in all directions. The nearest residence is located approximately 1900 feet to the North of the proposed mine location on property owned by Douglas Stone. The application materials indicate that concurrent reclamation consists of re -grading and placement of topsoil materials. Reseeding will be done with native drought tolerant grass seed mixes. The Department of Planning Services is requiring a Landscape Plan be submitted to address environmental impacts associated with wind and water erosion of disturbed areas and wind erosion of stockpiled materials and to review the proposed seed mix to maintain the native grass and herbaceous plant material species. Access is from County Road 37 an existing graded gravel road maintained by Weld County through a double cattle guard at the gate entrance and into the site. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. This mining location is not within the urban growth boundary area and 3 -mile referral area for any municipality. The nearest municipality is the Town of Pierce which is approximately 3.4 miles southwest of the proposed Pierce North mine site. E. Section 23-2-220.A.5 -- The application complies with Section 23-5-230 of the Weld County Code. The proposed facility does not lie in a FEMA designated floodplain or floodway. The Lone Tree Creek channel is an ephemeral stream that is typically dry all year, flowing only after larger rainstorms, bisects the site. A FIRM Community Panel Map does not map this location; therefore, a Flood Hazard Development Permit will not be required. Building Permits issued will be required for all on -site electrical facilities and associated equipment. F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. Resolution USR-1716 Weld County Public Works Page 3 • • • The subject site is primarily classified "Other Lands" as delineated on the Important Farmlands of Weld County map, dated 1979. Section 22-5-80A.1.CM.Policy 1.1. states "Access to future mineral resource development areas should be considered in all land use decisions in accordance with state law. No County governmental authority which has control over zoning shall, by zoning, rezoning, granting a variance or other official action or inaction, permit the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor." G. Section 23-2-220.A.7 --The Design Standards (Section 23-2-240 of the Weld County Code), Operation Standards (Section 23-2-250 of the Weld County Code), Conditions of Approval, and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. H. Section 23-4-250 --Additional requirements for Open -mining have been addressed through this application and the Development Standards will ensure compliance with Section 23-4- 250 Weld County Code. The Planning Commission recommends that the following conditions of approval and development standards be attached: 1. Prior to recording the plat: A. The applicant shall submit a detailed signage plan to the Department of Planning Services in compliance with the Weld County Code. (Department of Planning Services) B. The applicant shall attempt to address the concerns of the Colorado Division of Wildlife (CDOW) as indicated in their referral dated September 14, 2009. Evidence of such must be submitted to the Department of Planning Services. (CDOW) C. The applicant shall address the requirements (concerns) of the Department of Public Works, as stated in their referral response dated September 29, 2009. Evidence of approval shall be submitted in writing to the Department of Planning Services. (Department of Planning Services) D. The applicant shall submit an updated dust abatement plan for review and approval, to Environmental Health Services, Weld County Department of Public Health & Environment. Evidence of Health Department approval shall be provided to the Department of Planning Services. (Department of Public Health and Environment) E The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application from the Air Pollution Control Division, Colorado Department of Health and Environment, if applicable. (Department of Public Health and Environment) F. In the event washing of vehicles will occur on site the applicant shall ensure that any vehicle washing areas shall capture all effluent and prevent discharges from the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. Vehicle washing areas should be designated on the plat. (Department of Public Health and Environment) G. In the event that 1 or more acres are disturbed during the construction and development of this site, the applicant shall obtain a stormwater discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. A copy of the permit application shall be submitted to the Environmental Health Services, Weld County Department of Public Health & Environment. Alternately, the applicant can provide evidence that they are not subject to this requirement. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) Resolution USR-1716 Weld County Public Works Page 4 H. The applicant shall submit documentation to the Environmental Health Services Division of the Weld County Department of Public Health & Environment indicating that a permanent water source is available for sanitary uses. Evidence of such shall be provided to the Department of Planning Services. (Department of Public Health and Environment) The plat shall be amended to delineate the following: 1. All sheets of the plat shall be labeled USR-1716. (Department of Planning Services) 2. The location and size of any on -site signs. (Department of Planning Services) 3. The approved Landscape Plan. (Department of Planning Services) 4. If exterior lighting is a part of this facility, all light standards shall be delineated in accordance with Section 23-3-250.B.6 of the Weld County Code. (Department of Planning Services) 5. Oil and Gas encumbrances including gathering lines with appropriate setbacks shall be delineated on the plat. (Department of Planning Services) 6. Section 23-3-250.A.6 of the Weld County Code addresses the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent public rights -of -way and all adjacent properties. These areas shall be designed and used in a manner that will prevent wind or animal scattered trash. (Department of Planning Services) 7. A tracking control device is required to prevent the tracking of mud onto the county road. The tracking control device should be a double cattle guard or the equivalent. (Department of Public Works) 8. A 60 foot radius is required on all accesses to public roads for accesses designed to accommodate truck traffic. {A minimum effective turning radius of sixty (60) feet shall be used for accesses intended to accommodate truck traffic. (Weld County Codification Ordinance 2000-1)} Section 8-2-40 B. Road access design standards. (Department of Public Works) 9. Please indicate on the applicable drawings where any imported material will be stored. (Department of Public Works) 10. Please indicate the size of riprap and add Turf Reinforcement Mat for the Pond Outlet Spillway and Surface Runoff Inlet Swales on the applicable drawings. . (Department of Public Works) 11. Please delineate a channel connecting Lone Tree Creek from the north of the property to the south to allow nuisance flows to pass through the site during mining. (Department of Public Works) 12. County Roads 96 and 37 are designated on the Weld County Road Classification Plan as local gravel roads, which require 60 feet of right-of-way at full build out. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. These roads are maintained by Weld County. (Department of Public Works) 2. Prior to operations commencing: A. An individual sewage disposal system is required and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Please note, the lot owners shall Resolution USR-1716 Weld County Public Works Page 5 • • verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be provided to the Department of Planning Services and Department of Public Health and Environment. (Department of Public Health and Environment) 3. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) 4. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 5. The applicant shall be responsible for the attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Plat prior to recording. The completed plat shall be delivered to the Weld County Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 60 days of approval by the Board of County Commissioners. (Department of Planning Services) 6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required thirty (30) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. (Department of Planning Services) Motion seconded by Mark Lawley. VOTE: For Passage Robert Grand Tom Holton Alexander Zauder Erich Ehrlich Roy Spitzer Mark Lawley Nick Berryman Jason Maxey Against Passage Absent Bill Hall The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. • Resolution USR-1716 Weld County Public Works Page 6 • • • CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on December 1, 2009. Dated the 15' of December, 2009. Y G i� l�ll Kristine Ranslem Secretary • • • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS North Pierce Mine c/o Weld County Public Works USR-1716 1. A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development Facility including Open Pit Gravel Mining and materials processing (Dry Mining) in the A (Agricultural) Zone District subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended d. (Department of Public Health and Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 6. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum washing and the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved dust abatement plan at all times. (Department of Public Health and Environment) 8. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in Section 14-9-30 of the Weld County Code. The facility shall operate in accordance with the approved "noise control plan" at all times. (Department of Public Health and Environment) 9. A permanent, adequate water supply shall be provided for drinking and sanitary purposes for personnel located that the facility. (Department of Planning Services) 10. Adequate drinking, hand -washing and toilet facilities shall be provided for all personnel located at or entering the facility. (Department of Public Health and Environment) 11. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 12. Portable toilets may be utilized on sites that are temporary locations of the working face. (Department of Public Health and Environment) 13. Bottled water shall be provided to employees at the temporary locations of the working face. (Department of Public Health and Environment) 14. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. (Department of Public Health and Environment) Resolution USR-1716 Weld County Public Works Page 8 • 15. The applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division, as applicable. (Department of Public Health and Environment) 16. The operation shall comply with all applicable rules and regulations of the Colorado Division of Reclamation and Mining Safety. (Department of Public Health and Environment) 17. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 18. The hours of operation for sand and gravel operations are limited to the hours of day light except in the case of public or private emergency or to make necessary repairs to equipment. Mining and hauling hours shall occur between the hours of 6:00 AM to 4:30 PM during summer months and between the hours of Hours of 7:00 AM to 3:30 PM during winter months. Operation may be extended with specific permission from the Weld County Board of County Commissioners. This restriction shall not apply to operation of administrative and executive offices or repair and maintenance facilities located on the property. (Department of Planning Services) 19. The number of employees on -site at one time shall not exceed twenty (20). (Department of Planning Services) 20. Existing vegetative cover along public roads shall be preserved, maintained, and supplemented, if necessary, for the depth of the setback in order to protect against and/or reduce noise, dust, and erosion. (Department of Planning Services) 21. Where topsoil is removed, sufficient arable soil shall be set aside for re -spreading over the reclaimed areas. (Department of Planning Services) • 22. Should noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Section 15-1-180. (Department of Planning Services) 23. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 24. The site must take into consideration storm water capture/quantity and provide accordingly for best management practices. (Department of Public Works) 25. A 60 foot radius is required on all accesses to public roads for accesses designed to accommodate truck traffic. (Department of Planning Services) 26. The applicant shall comply with all Colorado Department of Health and Environmental (CDPHE) regulations regarding berming and spill prevention for materials and liquids stored on site. (Department of Public Works) 27. The applicant shall comply with all Colorado Department of Health and Environment, Water Quality Control Division regulations regarding storm water quality permitting and protection and construction storm water discharges. (Department of Public Works) 28. The landscaping on site shall be maintained in accordance with the approved Landscape Plan. (Department of Planning Services) 29. A building permit application must be completed for all electrical work conducted on site. A building permit must be issued prior to the start of construction. (Department of Building Inspection) . 30. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. • • • Resolution USR-1716 Weld County Public Works Page 9 31. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 32. The property owner or operator shall be responsible for complying with the Open -mining Standards of Section 23-4-250, Weld County Code. 33. Personnel from the Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. 34. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 35. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special Review has not commenced from the date of approval or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive. The county shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the Use by Special Review. If the Use by Special Review is revoked, it shall be necessary to follow the procedures and requirements of Division 4 of the Weld County Code in order to reestablish any Use by Special Review. (Department of Planning Services) 36. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning Services) • • • and other referral agencies. This would allow them time to adequately review those changes to the application. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Mark Lawley moved to continue USR-1694 to the February 2, 2010 meeting and USR-1695 to the January 5, 2010 meeting, seconded by Roy Spitzer. Motion carried unanimously. The Chair read the first case on the consent agenda into the record. CASE NUMBER: USR-1716 APPLICANT: Weld County Public Works PLANNER: Kim Ogle REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Open Pit Mining and Materials Processing (dry mining) of construction materials in the A (Agricultural) Zone District. LEGAL DESCRIPTION: SE4 of Section 1, T8N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to CR 96 and west of and adjacent to CR 37. Kim Ogle, Planning Services, commented that Public Works is requesting that this case remain on the consent agenda. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Charles Tucker commented that he farms on County Roads 90 and 39. He said he is concerned with the entire mining operation including the existing pit. He stated that they have two Creek Decrees. He added that so far the gravel pit has injured his creek right due to the fact that there are junior rights above the gravel pit that have several reservoirs. These are very junior to his rights and he cannot put a call on the creek due to the fact of the gravel pit. Mr. Tucker commented that the gravel pit is illegal according to the constitution as it is blocking their water. He is opposing this case because he believes that something should be done to make their water rights whole. Commissioner Grand asked staff to explain the impact of what Mr. Tucker had said in terms of who oversees the protection of his water rights. Commissioner Holton said that this is a land use application and water rights are heard through the water courts. Cyndy Giauque, County Attorney, stated that if Mr. Tucker feels that his water rights have been impaired it would go through water court. Commissioner Berryman asked if staff is aware of Mr. Tucker's concerns and if these have been discussed by staff. Mr. Ogle commented that this is the first time staff has heard of this issue by Mr. Tucker. Commissioner Holton suggested that Mr. Tucker talk to staff prior to the Board of County Commissioners hearing to see if there is something that can be mitigated. The Chair asked the members of the Planning Commission if they wish to hear this case. No one wished to speak. The Chair read the next case on the consent agenda into record. CASE NUMBER: USR-1721 APPLICANT: Dan LaCoe PLANNER: Chris Gathman REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial • • • Kristine Ranslem Secretary LEGAL DESCRIPTION: LOCATION: Industrial Zone Districts (construction company) in the A (Agricultural) Zone District. Part of the S2 of Section 33, Ti N, R65W of the 6th P.M., Weld County, Colorado. North of and adjacent to CR 2 and 1 mile west of CR 45. Chris Gathman, Planning Services, stated that staff recommends that this case remain on the consent agenda. The Chair asked the applicant if they wish for this case to remain on consent. The applicant replied yes. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair read the last case into record. CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR-1718 Heliberto & Teresa Perez Kim Ogle A Site Specific Development Plan and Use by Special Review Permit for a Home Business (truck and equipment parking) in the A (Agricultural) Zone District. Lot 6, Block 34, 2n° Aristocrat Ranchettes; located in Section 27, T2N, R66W of the 6th P.M., Weld County, Colorado. North of and adjacent to Higgins Ave and east of Henry Street. Kim Ogle, Planning Services, stated that the applicant wishes for this case to remain on the consent agenda. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Robert Grand moved to approve the Consent Agenda including Cases USR-1716, USR-1721, and USR-1718 and that they be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, seconded by Mark Lawley. Motion carried unanimously. The Chair asked the public if there were other items of business that they would like to discuss. No one wished to speak. The Chair asked the Planning Commission members if there was any new business to discuss. No one had any further business to discuss. Meeting adjourned at 1:47 p.m. Respectfully submitted, 3 Hello