HomeMy WebLinkAbout20091519.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 29, 2009
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, June 29, 2009, 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 William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Administrative Services, Monica Mika
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of June 24, 2009, as printed. Commissioner Conway seconded the motion, and
it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of Hearings
conducted on June 24, 2009, as follows: 1) USR #1691 - Marcos Sanchez 2) USR #1694 - Keith Thoene;
3) AmUSR #1105 - Kelly and Anna Berndt; and 4) AmUSR #954 - Colorado Engineering Experiment
Station, Inc.. Commissioner Long seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Rademacher 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 #B0900120, 2009 CURB AND GUTTER - DEPARTMENT OF PUBLIC WORKS: Monica
Mika, Director of Administrative Services, stated ten vendors submitted a bid and the apparent low bid is
from Thoutt Bros Contractors, Inc., based out of the City of Denver. Said bid will be presented for approval
on July 13, 2009. Commissioner Rademacher stated there seems to be a large discrepancy between the
bid amounts; however, staff may explain it when the bid is presented for approval. Ms. Mika stated staff
2009-1519
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has been including the County Engineer's initial estimates in the documentation for the Board to consider
while it is reviewing bids.
NEW BUSINESS:
CONSIDER PURCHASE OF SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - UNITED
WAY OF WELD COUNTY: Judy Griego, Director, Department of Human Services, stated the agreement
was presented at the Board's work session on June 8, 2009, and Colorado Child Care Assistance Program
funds will be used to actively participate in planning, development, and implementation of the Weld County
Tiered Reimbursement System, and all Quality Improvement Project Planning; provide services utilizing
211 as a mechanism to educate parents on what quality child care is, what to look for, and how to access
it; utilize Promises for Children's Early Childhood Council's services in supporting and promoting quality
child care improvement projects; and provide Burmese Advocate Resource Training for two bilingual
Burmese refugees. Ms. Griego stated the total amount for services shall not exceed $235,435.00, and the
term of the agreement is July 1, 2008, through June 30, 2009. In response to Chair Garcia, Ms. Griego
reiterated Colorado Child Care Assistance Program funds will be used to pay for the services.
Commissioner Long moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER AMENDMENT TO AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN -
AIMS COMMUNITY COLLEGE: Ms. Griego stated the amendment was discussed at a work session
conducted on June 8, 2009, and it will extend an agreement with Aims Community College for a period of
one month, in order for the College to purchase educational materials. She stated primarily Colorado Child
Care Assistance Program funds will be used. Commissioner Long moved to approve said amendment and
authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER CHALLENGE COST SHARE AGREEMENT FOR VARIOUS NATURAL RESOURCE
CONSERVATION AND MANAGEMENT PROJECTS ON PAWNEE NATIONAL GRASSLAND AND
AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the agreement was reviewed at the Board's work
session on June 22, 2009, and it will allow the Weld County Youth Conservation Corps (WCYCC) to
perform a variety of natural resource conservation and management projects on the Pawnee National
Grassland. She stated the amount to be reimbursed to the Department by the U.S. Department of
Agriculture is $1,500.00, and the term of the agreement is July, 2009, through September, 2009.
Commissioner Conway moved to approve said agreement and authorize Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN - PATRICIA MCGUIRE:
Ms. Griego stated the agreement was reviewed at a work session conducted on June 22, 2009, and
Patricia McGuire will provide assistance to the Workforce Development Board and for various activities
planned through Employment Services of Weld County. She stated the term of the agreement is
June 1, 2009, through May 31, 2010, and Ms. McGuire will be paid $40.00 per hour for up to 1,000 hours
of consultation. In response to Commissioner Conway, Ms. Griego stated Ms. McGuire's services have
been utilized for less than 1,000 hours in the past, and her assistance is only utilized when it is necessary
for a project. Commissioner Conway moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER EXPENDITURE AUTHORIZATIONS FOR WORKFORCE DEVELOPMENT PROGRAMS AND
AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the expenditure authorizations were presented to the
Board at a work session conducted on June 22, 2009, and the term of the expenditure authorizations is
July 1, 2009, through June 30, 2010. She stated the expenditure authorizations constitute the basic
service funding for the Title I Adult Program, in the amount of $343,437.00; the Dislocated Worker
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Program, in the amount of $423,229.00; the Youth Employment Programs, in the amount of $463,436.00;
and the Wagner-Peyser Program, in the amount of $671,980.00. Commissioner Long moved to approve
said expenditure authorizations and authorize the Chair to sign. Seconded by Commissioner Conway, the
motion carried unanimously.
CONSIDER CONTRACT AMENDMENT #1 FOR CANCER, CARDIOVASCULAR DISEASE, AND
CHRONIC PULMONARY DISEASE PREVENTION AND TREATMENT GRANT PROGRAM FOR THE
HEART OF WELD PROJECT AND AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Director,
Department of Public Health and Environment, stated the amendment was discussed at a work session
conducted on June 24, 2009, and it is regarding funding for the second year of a three-year grant. He
stated the Department has completed the first year of the Program and it has been awarded the second
year of funding, in the amount of $255,629.00, for the Heart of Weld Project, which is a national program
designed to reach women. He stated the Program will include cardiovascular disease screening, in
addition to existing screening and education services, such as breast and cervical cancer screening, to
uninsured and under -insured, low-income women between the ages of 40 and 64. Dr. Wallace stated it
has been nationally recognized that women are under -evaluated for cardiovascular disease, in comparison
to men. He stated the Department will work collaboratively with providers who serve women who meet the
income and age criteria, including Sunrise Community Health. He stated the funding is provided by
Amendment 35, and although there are some concerns regarding grant funds from Amendment 35, this
Program is an ongoing one and it is not subject to the same funding cuts as the new programs are. In
response to Commissioner Conway, Dr. Wallace stated the Program will reach a minimum of 750 women.
Commissioner Kirkmeyer moved to approve said amendment and authorize the Chair to sign. Seconded
by Commissioner Conway, the motion carried unanimously.
CONSIDER CONTRACT AMENDMENT #2 FOR COLORADO WASTE TIRE GRANT PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated the amendment will provide $50,000.00 in additional
funds from the Colorado Department of Local Affairs (DOLA) for clean-up of the illegal waste tire storage
sites in Weld County. He stated this has been an ongoing and successful program, and the Board
expressed it's support for the Program at a work session. He stated the amendment will allow the Program
to continue through June 30, 2010, and the Program is funded by a surcharge that is applied to tire
purchases. Commissioner Kirkmeyer moved to approve said amendment and authorize the Chair to sign.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER TASK ORDER CONTRACT FOR DISEASE SURVEILLANCE PROGRAM (WEST NILE
VIRUS SURVEILLANCE AND TESTING) AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated the
funding originates from the Centers for Disease Control and is passed on to local health agencies. He
stated the funding is in the amount of $9,600.00 for mosquito surveillance, which is important to identify
if additional steps need to be taken to prevent human illness. He stated additional funding may be
awarded later in the season. In response to Commissioner Rademacher, Dr. Wallace stated the
Department has been monitoring mosquitoes this season and there have been no positive pools in Weld
County and no human cases of West Nile Virus have been reported; however, Larimer County has
reported positive mosquito pools and it is early in the season. Commissioner Rademacher moved to
approve said task order contract and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer,
the motion carried unanimously.
CONSIDER TASK ORDER CONTRACT FOR PER CAPITA FUNDING TO SUPPORT LOCAL AND
REGIONAL HEALTH SERVICES AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated this funding
is provided from the State general funds for Core Services each year. He stated as a result of the
Revitalization Act being passed last year, there is an additional requirement that the community health
planning must be in sync with the State planning. He stated the Department strived to do this previously;
however, now there is a formal requirement for staff to complete a community health plan, which will be
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due at the end of 2009. Dr. Wallace stated there will also be regional activity involvement required, and
the Department already has regional activities established in a variety of areas; therefore, the transition
will be minimal. He stated the term of the contract is July 1, 2009, through June 30, 2010, and the amount
of the funding will not exceed $413,315.00. Commissioner Conway inquired as to if the funding will be
affected by the State budget cuts. Dr. Wallace stated the funding may be affected by the State budget
cuts and it has been affected in the past during economic downturns; however, as a result of the
Revitalization Act passed last year, legislators are striving to maintain the funding. He stated there was
a small reduction in the amount of funds requested for this year, based on the State's request for various
grantees to reduce the amount of their requests by three percent; however, the State has demonstrated
reluctance to use the designated funds for other purposes. Commissioner Conway moved to approve said
task order contract and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion
carried unanimously.
CONSIDER AGREEMENT FOR PROVISION OF INTERNSHIP EXPERIENCES AND AUTHORIZE CHAIR
TO SIGN - UNIVERSITY OF NORTHERN COLORADO: Dr. Wallace stated the agreement is with the
University of Northern Colorado (UNC) to provide supervision to college students who participate in
educational experiences with the Weld County Department of Public Health and Environment, and it is
valuable for recruiting employees from the Community Health and Nursing Programs. He stated the
agreement commenced June 1, 2009, and will remain effective until one of the parties terminates it, and
there will be no exchange of money. He stated the agreement has enabled the Department to recruit
highly qualified staff; therefore, it is well worth the time. Commissioner Conway commended Dr. Wallace
for participating in this type of agreement and moved to approve said agreement and authorize the Chair
to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER APPOINTING DR. MARK WALLACE AS WELD COUNTY HEALTH OFFICER: Bruce Barker,
County Attorney, stated there are a number of statutory requirements for a Weld County Health Officer
to be appointed for enforcement purposes concerning disease control, including cancer cure control,
blindness in the newly born, tuberculosis, rabies, HIV infection and Acquired Immune Deficiency Syndrome
(AIDS); and environmental control, which concerns enforcement in granting Individual Sewage Disposal
System (ISDS) permits. Mr. Barker stated Senate Bill 194 altered Section 25-1-509 in 2008, which
removed the language requiring each county to appoint a Health Officer; however, there are various other
statutes which require a local or county Health Officer; therefore, he recommends the appointment be
made. He stated there was an instance in which the Weld County Health Officer quarantined an individual
infected with tuberculosis; therefore, the appointment has been necessary before. In response to Chair
Garcia, Mr. Barker stated Dr. Wallace has already been performing these functions and the appointment
is only a formality. Commissioner Kirkmeyer stated it is important to have the correct appointment to
ensure the County is in compliance with statutes and when considering emergency planning efforts.
Commissioner Kirkmeyer moved to appoint Dr. Mark Wallace as the Weld County Health Officer.
Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER RENEWAL APPLICATION FOR HOTEL AND RESTAURANT LIQUOR LICENSE AND
AUTHORIZE CHAIR TO SIGN - JENSEN ENTERTAINMENT, LLC, DBA T-BONES RESTAURANT AND
LOUNGE: Lisa Carpenter, Sheriff's Office, stated Glen Cowan, Sheriff's Office, performed an inspection
at the establishment and indicated he has no concerns regarding the renewal. Commissioner Rademacher
moved to approve said renewal application and authorize the Chair to sign. Seconded by Commissioner
Conway, the motion carried unanimously.
CONSIDER TEMPORARY PERMIT FOR A HOTEL AND RESTAURANT LIQUOR LICENSE AND
AUTHORIZE CHAIR TO SIGN - LA FIESTA MEXICAN GRILL, INC., DBA LA FIESTA MEXICAN GRILL:
Mr. Barker stated a change of ownership application has been submitted to the County. He stated the
current owners are Alfred and Caroline Lopez, dba El Vaquero; and Miguel Ruiz, dba La Fiesta Mexican
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Grill, is applying for the change of ownership. He stated State statute allows the County to issue a
temporary permit for a period of up to 120 days until the application is approved by the State. He stated
Mr. Ruiz has paid the required fees and submitted the application materials; therefore, he recommends
approval; however, there are some minor issues Mr. Ruiz needs to resolve regarding the application and
these will be addressed today. In response to Chair Garcia, Mr. Barker clarified Mr. and Mrs. Lopez have
sold the establishment known as El Vaquero to Mr. Ruiz, and the establishment will be known as La Fiesta
Mexican Grill.
Luis Ruiz, brother of Miguel Ruiz, stated his brother has been a business owner for 12 years and he chose
to expand into the restaurant business, and his brother has previous experience with liquor licenses. Chair
Garcia inquired if the employees are TIPS trained and if the existing employees will remain working for the
establishment. Mr. Ruiz stated his family will be hiring all new staff and they will train them; however, they
are willing to having the employees attend TIPS training if it is necessary. In response to Commissioner
Conway, Mr. Ruiz stated his family has previously operated a restaurant business. Commissioner
Rademacher moved to approve said temporary permit and authorize the Chair to sign. Seconded by
Commissioner Conway, the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO CR 7 AND AUTHORIZE CHAIR TO SIGN - RONALD AND DIANE BAKEL: Leon
Sievers, Department of Public Works, stated this is the final parcel the County is acquiring for the County
Roads 7 and 48 Strategic Road Project. Mr. Sievers stated the County recently acquired a portion of
right-of-way from these land owners; however, as a result of design changes, additional right-of-way
acquisition is necessary. He stated the County is acquiring 0.26 acres for $3,000.00, and the amount was
negotiated with the land owners, who are willing sellers. He further stated the land owners will be
reimbursed $800.00 for the cost of amending an existing recorded exemption to include the additional
right-of-way; therefore, the total compensation will be $3,800.00. Commissioner Rademacher inquired as
to what the additional right-of-way is needed for. Mr. Sievers stated the ditch was flattened to eliminate
erosion concerns through changing the elevation and center line, which required additional right-of-way.
Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded
by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO CR 74 AND AUTHORIZE CHAIR TO SIGN - WAHLERT LAND AND LIVESTOCK,
LLC: Mr. Sievers stated this is the second parcel the County is acquiring for the County Road 74 Project;
it is acquiring 2.06 acres of right-of-way for $2,060.00, which is $1,000.00 per acre and based on
comparable sales in the area. Commissioner Conway moved to approve said agreement and authorize
the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER FORMATION OF THE WELD COUNTY JUSTICE SERVICES DIVISION: Mr. Barker stated
this is the establishment of a division within the Department of Finance, the Board has reviewed the matter,
and this is the formal action to create the division and to appoint Doug Erler, Community Corrections, as
the Director. Commissioner Rademacher moved to approve the formation of the Weld County Justice
Services Division. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER CONTRACT FOR COMMUNITY CORRECTIONS SERVICES AND AUTHORIZE CHAIR TO
SIGN - INTERVENTION, INC.: Mr. Erler stated this is a sub -contract that was discussed previously at a
work session and it mirrors the five-year master contract.
Gregg Kildow, Executive Director, Invention, Inc., indicated he is available to answer any questions the
Board has.
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In response to Commissioner Rademacher, Mr. Erler stated this is a year to year subcontract and there
is also an existing five-year master contract. In response to Commissioner Conway, Mr. Erler stated there
is an opportunity to re-evaluate the sub -contract each year. Commissioner Rademacher moved to approve
said contract and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - INTERVENTION, INC., DBA
INTERVENTION COMMUNITY CORRECTIONS SERVICES: Mr. Erler stated the agreement was
reviewed at a previous work session, it has been reviewed by the County Attorney and the Department of
Finance, and there have been a few changes made to strengthen the lease agreement. He stated the
Intervention Community Corrections Services will continue to provide community corrections services in
the A, B, and C pods of the Weld County Jail until construction is complete for the new Community
Corrections building, and the location has been sufficient. Chair Garcia inquired as to whether the
agreement addresses the provider moving to the new location when construction is complete. Mr. Erler
indicated he has discussed the matter with Mr. Barker and they have decided a new lease agreement will
likely be drafted before the location changes. Commissioner Rademacher moved to approve said lease
agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER TWO AGREEMENTS FOR COMMUNITY CORRECTIONS INTENSIVE SUPERVISION
PROGRAM FOR INMATES AND PAROLEES WITH VARIOUS PROVIDERS AND AUTHORIZE CHAIR
TO SIGN: Mr. Erler stated these are two smaller subcontracts with Behavioral Interventions, Inc., and
Rocky Mountain Offender Management Systems, which are two private providers of supplemental services
that will provide ongoing electronic monitoring services to supervised parolees and intensive supervised
parolees. He stated the Community Corrections Board, the County Attorney, and the Department of
Finance have reviewed the agreements and recommend approval. In response to Chair Garcia, Mr. Erler
stated the home office for Behavioral Interventions, Inc., is located in the City of Boulder, the home office
for Rocky Mountain Offender Management Systems is located in the City of Westminster, and there are
numerous field offices throughout Colorado and in the City of Greeley. Further responding to Chair Garcia,
Mr. Erler stated the parolees requiring these services are located in the City of Greeley and these offices
work closely with the parole office, since the services are intended to assist the parole officers with their
case loads. In response to Commissioner Rademacher, Mr. Erler clarified Rocky Mountain Offender
Management Systems tends to perform the electronic monitoring services, and Behavioral Interventions,
Inc., tends to perform monitored sobriety services, including urine testing, breath testing, and medication
monitoring; however, sometimes Behavioral Interventions, Inc., will perform the electronic monitoring
services. Commissioner Conway moved to approve said agreements and authorize the Chair to sign.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER AUTHORIZING BOARD OF COUNTY COMMISSIONERS TO CONVENE AS A BOARD OF
EQUALIZATION FOR CALENDAR YEAR 2009: Commissioner Rademacher moved to authorize the
Board of County Commissioners to convene as a Board of Equalization for Calendar Year 2009.
Seconded by Commissioner Conway, the motion carried unanimously.
PLANNING:
CONSIDER REQUEST FOR EXTENSION OF SUBMITTAL OF SITE SPECIFIC DEVELOPMENT PLAN
AND PLANNED UNIT DEVELOPMENT FINAL PLAT, PZ #1082 - KITELEY FARMS, LLLP, C/O LONGS
PEAK INVESTORS, LLC: Kim Ogle, Department of Planning Services, stated the Board approved
PZ #1082 on July 26, 2006, and there is a statement indicating the applicant must move forward with the
final plat within three years of the date of Resolution; however, the applicant is requesting a one-year
extension of the submittal of the final plat, and staff is in support of the request being approved, due to the
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current economic climate. Commissioner Conway moved to approve said request for a one-year extension
of the final plat for PZ #1082. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW, SPR #372 -
BDH & R INVESTMENT COMPANY: Mr. Ogle stated the Department of Public Works conducted a field
inspection in June, 2009, and determined the property is in compliance with the transportation related
elements; and the Department of Planning Services conducted an inspection on May 5, 2009, and
determined the non -transportation related items have been completed; therefore, approval is
recommended.
Rich Hastings, Department of Public Works, stated the site was inspected by Don Carroll and he
determined the necessary work has been sufficiently completed. Commissioner Rademacher moved to
approve said cancellation and release of collateral for Site Plan Review, SPR #372. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW, SPR#348 -
SOLID ROCK PROPERTIES, LLC, C/O RON MORROW: Mr. Ogle stated the Department of Public Works
conducted a field inspection in June, 2009, and the Department of Planning Services conducted an
inspection on May 8, 2009, and staff from both Departments have determined the necessary items have
been completed for the Project. Commissioner Conway moved to approve said cancellation and release
of collateral for Site Plan Review, SPR #348. Commissioner Kirkmeyer seconded the motion, which
carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR PLANNED UNIT DEVELOPMENT
FINAL PLAN, PF #1020 - WAKE, LLLP, C/O CLIFFORD CLIFT AND PAUL CLIFT: Mr. Ogle stated
inspections were conducted in May and June, 2009, and staff determined all of the necessary items were
complete. Mr. Hastings stated the necessary items have been competed per the Department's
specifications. Commissioner Rademacher moved to approve said cancellation and release of collateral
for Final Plan, PF#1020. Seconded by Commissioner Kirkmeyer, 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, June 29, 2009 2009-1519
Page 7 BC0016
There being no further business, this meeting was adjourned at 9:51 a.m.
ATTEST:
Weld County Clerk to the Board
BY:11,1
Dept Clerk
he Board
is
•
BOARD OF CO CTY COMMISSIONERS
WELD,O& OLORADO
—Dougl:s Radema. er, Pro-Tem
Sea P. Conway
At
ra Kirk
eyeri
David E. Long
Minutes, June 29, 2009 2009-1519
Page 8 BC0016
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