HomeMy WebLinkAbout20081773.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 23, 2008
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 23, 2008, 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 H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem - EXCUSED
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jennifer VanEgdom
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Long Garcia moved to approve the minutes of the Board of County
Commissioners meeting of June 18, 2008, as printed. Commissioner Long seconded the motion, and it
carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings
conducted on June 17, 2008: 1)Violation Hearings; and on June 18, 2008: 1) USR#1654 - Front Range
Feedlots, LLC, do Western Sugar Cooperative. Commissioner Rademacher 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 Garcia seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, SHERIFF'S OFFICE-WILLIAM ESCH: Chair Jerke read the certificate
into the record, recognizing William (Bill)Esch for eighteen years of service with the Sheriff's Office. John
Cooke, Sheriff, stated Mr. Esch has been employed at the Sheriff's Office for approximately 18.5 years,
and he has been a very focused employee who handled many DUI arrests. He clarified Mr. Esch was
never a member of the traffic team; however, Mr. Esch has made more DUI arrests than the members of
the traffic team, creating safer roads for drivers within Weld County. He further stated Mr. Esch was also
involved in the training of new officers, and he represents the vision of the Sheriff's Office by being heavily
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involved within the community. He indicated Mr. Esch is the head of the Veterans of Foreign Wars (VFW)
branch in the City of Evans and is an avid motorcyclist, and he expressed his appreciation to Mr. Esch for
his service. Mr. Esch was present to receive the certificate and stated it has been a pleasure working for
the Sheriffs Office, and he will miss the office and his co-workers. He indicated he is looking forward to
spending more time with his activities through the VFW and the Blue Knights during his retirement, and
indicated it has been a pleasure serving the citizens of Weld County. Commissioner Rademacher
indicated he had the opportunity to work with Mr. Esch during his service with the fire department, and
confirmed Mr. Esch has always been very professional and very efficient in his duties. Commissioner
Garcia expressed his appreciation to Mr. Esch for his vigilance to his duties and for aggressively pursuing
intoxicated drivers. He indicated an accident caused by one drunk driver can ruin many lives, therefore,
it is important that officers commit to preventing these accidents. Chair Jerke expressed his appreciation
to Mr. Esch for his service to Weld County.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $1,386,460.32
Commissioner Garcia moved to approve the warrants as presented by Mr. Warden. Commissioner Long
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN-PATRICIA MCGUIRE:
Judy Griego, Director, Department of Human Services, stated this agreement provides for a consultant
to assist with research and project development for programs within the Department. She indicated the
total reimbursement will not exceed $40,000.00, and the term of the agreement is June 1, 2008, through
May 31, 2009. Commissioner Long moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER WORKFORCE INVESTMENT ACT PLAN MODIFICATION AND EXPENDITURE
AUTHORIZATION REQUESTS AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the modification
and authorization requests are for program year 2008, and explained the goal of each of the programs
within the Workforce Investment Act is to provide services to help residents obtain employment. She
indicated the total amount funding for the five programs is in the amount of$2,239,361.00. In response
to Chair Jerke, Ms. Griego stated the funds associated with the Workforce Investment Act are for a
one-year period,and will serve many individuals within the County. Commissioner Long moved to approve
said plan modification and expenditure authorization requests. Seconded by Commissioner Rademacher,
the motion carried unanimously.
CONSIDER CONTRACT AMENDMENT#1 TO COMMUNITY SERVICES BLOCK GRANT AGREEMENT
AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the amendment to the contract provides for
additional funding, in the amount of$113,147.91,as a carry-over amount from the previous year's funding.
She stated the total funding available through the contract is in the amount of $392,414.91, for a time
period of March 1, 2008, through February 28, 2009. In response to Chair Jerke, Ms. Griego indicated the
additional funds will be utilized for expenditures within the Department of Public Health and Environment.
Mr. Warden explained one of the categories for utilization of the funds is medical services, therefore, the
Department of Public Health and Environment will provide a list of unpaid medical bills, and the funds will
be utilized to cover the cost of some of the uncollectible accounts. Commissioner Rademacher moved to
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approve said amendment and authorize the Chair to sign. Seconded by Commissioner Garcia,the motion
carried unanimously.
CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR HEALTHY MARRIAGE INITIATIVE
PROJECT AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the application is for the third year of
the planned five year participation within the federal Healthy Marriage Demonstration Program. She stated
the total federal funding is in the amount of $974,358.00, with a local match of funds in the amount of
$110,190.00. She indicated the Project will continue to provide marriage education for eligible couples.
Commissioner Long moved to approve said application and authorize the Chair to sign. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR HEALTHY MARRIAGE INITIATIVE
PROJECT AND AUTHORIZE CHAIR TO SIGN - UNITED WAY OF WELD COUNTY: Ms. Griego stated
the agreement reflects the modification of the lead agency from the Family Educational Network of Weld
County (FENWC) Division to the Assistance Payments Division. She indicated United Way will continue
to provide recruiting and marketing services through media outlets, and will be reimbursed a total of
$152,981.00, including funds for a public media campaign. Commissioner Garcia moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
COMMUNITY MEDIATION PROJECT, INC., CIO CRAIG CONRAD: Ms. Griego stated the term of the
agreement is June 1, 2008, through September 30, 2008, and reflects the modification of the lead agency
from FENWC to the Assistance Payments Division. She indicated the provider will be reimbursed a total
amount of$140,206.00 for the educational programs and services provided to couples participating in the
Project. Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - TRINITY HOUSING
CORPORATION: Ms. Griego stated the lease agreement provides classroom space for the Migrant Head
Start Program within the Island Grove Apartments located in the City of Greeley. She stated rent is
$250.00 per month, plus utilities and supplies, for a term of June 4, 2008, through September 19, 2008.
Commissioner Long moved to approve said lease agreement and authorize the Chair to sign. Seconded
by Commissioner Garcia, the motion carried unanimously.
CONSIDER AGREEMENT FOR CONVEYANCE OF EASEMENT, ACCEPTANCE OF GRANT OF
PERMANENT EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS TO CR 2 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - TRS
EQUITIES, LLC: Leon Sievers, Department of Public Works, stated this is the eleventh of twelve parcels
to be acquired for the County Road 2 Improvements Project, being completed in conjunction with Adams
County. He stated the site is located three-quarters of a mile east of County Road 39, and the Department
is acquiring 0.126 acres of temporary construction easement,within four separate parcels,for the minimum
amount of $300.00. He further stated the Department is also acquiring 0.018 acres of permanent
easement, in the minimum amount of $500.00, as well as providing reimbursement in the amount of
$2,140.00, for the costs associated with removal of an existing fence. He indicated there are no other
costs associated,therefore,the total amount of reimbursement to the landowner is$2,940.00. In response
to Chair Jerke, Mr. Sievers indicated this property is north of County Road 2,within the jurisdiction of Weld
County, and indicated the existing fence will need to be relocated. He gave a brief explanation of the
configuration of the fence, and indicated TRS Equities purchased the property, while the Department was
completing negotiations with the previous property owner, Doack, LLC. Further responding to Chair Jerke,
Mr. Sievers explained that staff must remove the existing fence,or pay the landowner to remove the fence,
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and the Department prefers that the landowner provide the necessary work, since the bid price submitted
by the landowner is cheaper than the quoted construction bid price. Chair Jerke commented that it is
possible that a landowner may be paid to remove and rebuild the fence; however, the landowner may not
actually rebuild the fence due to future development of the property. Mr. Sievers indicated this particular
property will continue to be leased for a period of three years for cattle grazing, therefore, the placement
of the fence will be necessary. Commissioner Rademacher moved to approve said agreement,accept said
grant of permanent easement, approve said temporary construction easement, and authorize the Chair
to sign any necessary documents. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER CONTRACT AMENDMENT #1 FOR REPLACEMENT OF BRIDGE NO. 13/54A AND
AUTHORIZE CHAIR TO SIGN-COLORADO DEPARTMENT OF TRANSPORTATION: Wayne Howard,
Department of Public Works,stated Weld County received federal grant funds for this construction project,
and during the course of the design, a shortfall in the necessary grant funds became apparent. He
indicated the funds provided for another bridge project were excessive, therefore, the Colorado
Department of Transportation has agreed to transfer the additional funds for this project. He clarified there
is no out-of-pocket expense for Weld County. Commissioner Garcia moved to approve said amendment
and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-CHAREARL INVESTMENTS, LLC:
Christopher Woodruff, Assessor, stated the petition is for tax years 2005 and 2006. He indicated the
location of the property is stated incorrectly on the petition, and clarified the address of the property is 5400
West 11th Street, located within the City of Greeley. He indicated the values for 2005 and 2006 are based
upon rent and sales data from 2003 and 2004. He further indicated the petitioner did protest the valuation
in 2006; however, the protest was denied, but was not carried forward to the Board of Equalization. He
clarified no additional information was received from the petitioner's agent when the petition was filed,
therefore, the value of$3,696,800.00 is correct as established. He indicated he recommends denial of the
petition. A representative for Charearl Investments, LLC, was not present. In response to Commissioner
Garcia, Mr.Woodruff clarified the petitioner has requested a valuation in the amount of$2,500,000.00,and
the petition indicates their analysis does not support a valuation in excess of that amount. Commissioner
Long moved to deny said petition, based upon staffs recommendation. Seconded by Commissioner
Garcia, the motion carried unanimously.
CONSIDER AGREEMENT FOR PHONE SYSTEM UPGRADE FOR PHONE MAIL SYSTEM AND
AUTHORIZE CHAIR TO SIGN - SIEMENS COMMUNICATIONS, INC.: Susan Quick, Department of
Phone Services, stated it is necessary to provide upgrades to the phone mail system for all County offices,
since support services for the current phone mail system are no longer provided. She indicated there are
currently five separate phone mail systems within the various buildings, and the upgrade will combine all
offices into one phone mail system, which will provide for easier maintenance of the system. Mr. Warden
clarified the upgrade will provide enhanced services for easier transfer of messages, etcetera, including
the ability to convert phone messages into e-mail messages. In response to Chair Jerke, Ms. Quick
indicated the upgraded system will provide a large amount of capacity to store messages. Responding
to Commissioner Rademacher, Mr. Warden clarified funds in the amount of$500,000.00 have been set
aside within the Budget for necessary phone upgrades,which includes some upgrades to the infrastructure
of the phone system as well. In response to Commissioner Garcia, Ms. Quick confirmed the new phone
mail system will be compatible with the existing phones utilized by employees. Commissioner Rademacher
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Garcia,
the motion carried unanimously.
CONSIDER AGREEMENT FOR PHONE SYSTEM UPGRADE FOR CENTENNIAL CENTER BUILDING
AND AUTHORIZE CHAIR TO SIGN-SIEMENS COMMUNICATIONS, INC.: Ms. Quick stated the current
phone system within the Centennial Center building was installed in 1992; however, support service is no
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longer provided for this type of system. She indicated a new phone system will be installed, containing
several new enhancements. In response to Chair Jerke, Ms. Quick confirmed the cost of$307,749.13 is
part of the overall budgeted amount of$500,00.00. Commissioner Long moved to approve said agreement
and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER AGREEMENT FOR PHONE SYSTEM UPGRADE FOR NORTH JAIL COMPLEX AND
AUTHORIZE CHAIR TO SIGN -SIEMENS COMMUNICATIONS, INC.: Ms. Quick stated a portion of the
phone system located within the North Jail Complex will need to be upgraded in order to accommodate
the new phone mail system. She indicated the cost of this upgrade is in the amount of $21,936.99. In
response to Commissioner Garcia, Mr.Warden confirmed the costs of the three necessary upgrades total
approximately$490,000.00,which is less than the budgeted amount of$500,000.00. Commissioner Long
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER COMMUNITY CORRECTIONS CONTRACT AND AUTHORIZE CHAIR TO SIGN -
INTERVENTION, INC.: Sharon Behrens, Community Corrections, stated Intervention, Inc., will provide
treatment,housing,supervision,and other necessary services for Diversion,Transition,and Parole clients,
for a time period of July 1, 2008, through June 30, 2009. In response to Chair Jerke, Kelly Sengenberger,
President, Intervention, Inc., confirmed the transition plan is in place, and the Community Corrections
Board will request that Community Education Centers provide access to the clients. She indicated the
lease of the facility, employment needs, food service, and transportation to the new facility have all been
coordinated. Mr. Barker indicated page six of the contract indicates space at the North Jail Complex will
be leased to house the clients, and the next item of business will be consideration of the lease agreement.
In response to Commissioner Rademacher, Ms.Sengenberger indicated all of the assets within the current
building belong to Community Education Centers, the current provider, and confirmed Intervention will
provide all the necessary supplies, etcetera. Mr. Warden indicated administrative funds were provided
several years ago for the purchase of recreational equipment for the clients, therefore, any equipment
which was purchased through those funds are the property of Weld County, not Community Education
Centers. Ms. Behrens indicated she will contact Kevin Strobel,Chair of the Community Corrections Board,
in order to determine which equipment belongs to Weld County. Commissioner Rademacher moved to
approve said contract and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion
carried unanimously.
CONSIDER LEASE OF THREE JAIL HOUSING UNITS FOR COMMUNITY CORRECTIONS AND
AUTHORIZE CHAIR TO SIGN- INTERVENTION, INC./INTERVENTION COMMUNITY CORRECTIONS
SERVICES: Mr. Barker stated a representative from the jail, Sterling Geesaman, is present to answer
questions. He indicated the lease is for a period of one year, beginning July 1, 2008, to provide a 52-bed
and a 64-bed housing unit for male clients, and a 48-bed housing unit for female clients. He indicated the
lease originals and a check, which covers the necessary deposit, have been provided. In response to
Chair Jerke, Mr. Geesaman indicated the daily rental rate is $679.10, based upon the amount of square
footage, cost of maintenance of the facility, plus a certain percentage of overhead costs. Further
responding to Chair Jerke, Mr. Geesaman indicated the food service will be separate, and will be charged
at a rate of$1.05 per meal, and the daily cost will be dependent upon the number of meals ordered each
day. In response to Mr. Warden, Mr. Geesaman confirmed the Sheriffs Office will not provide medical
care for these clients. Responding to Commissioner Rademacher, Mr. Geesaman indicated Units A, B,
and C are located within the west wing of the North Jail facility, and Unit B will house female clients, while
Units A and C will house male clients, since the capacity is larger. He further stated an operator will control
the secured doors; however, jail staff utilization is expected to be minimal, except in instances of
emergency. Mr. Barker indicated the clients will utilize a separate entrance from the main jail entrance.
Mr. Geesaman confirmed each of the units have a rear entrance which accesses the exercise yard, and
the clients will utilize these doors for entrance to the facility. He further confirmed the clients will be
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segregated from the jail inmates, and will have the ability to leave the facility in order to go to work or
attend mandatory classes or meetings. Mr. Barker stated Carl Blush from the Colorado Division of
Criminal Justice will be inspecting the facilities tomorrow morning, and will issue the appropriate waivers
for the one-year period of time. Commissioner Long expressed his concerns regarding the proximity of
jail inmates to the clients, and the ability to introduce contraband into the facility. Mr. Geesaman indicated
staff is in the process of compiling plans which will mitigate concerns regarding contraband, especially
during meal distribution times when trustees are in charge of serving food. He confirmed the inmates are
secured within separate housing units,therefore,there will be no contact between the clients and inmates.
Commissioner Rademacher moved to approve said lease agreement and authorize the Chair to sign.
Seconded by Commissioner Garcia, 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: Ms. Behrens stated, as required by the State, Behavioral Interventions, Inc., and Rocky
Mountain Offender Management Systems will provide supervision, including urinary analysis and breath
analysis services for inmates and parolees enrolled within the Intensive Supervision Program. In response
to Chair Jerke, Ms. Behrens clarified the inmates and parolees must submit for testing, which is provided
by both organizations, and the testing costs are reimbursed by the Department of Corrections.
Ms. Behrens further stated the Department of Corrections does provide two percent of the overall fees to
the Community Corrections Board. Commissioner Garcia moved to approve said agreements and
authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER AGREEMENT FOR TERMINATION OF LEASE AND PURCHASE OF BUILDINGS AND
AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - HIGH PLAINS LIBRARY DISTRICT:
Mr. Warden stated several years ago Weld County was in the process of constructing a building to be
utilized by the Migrant Head Start Program, and at the time, an additional building was constructed to be
utilized as the Frederick Library, with the understanding that the building could be utilized in the future as
a Head Start classroom, if necessary. He further stated the Library District has built a new facility,
therefore, the building is no longer necessary. He clarified the lease of the building to the District included
reimbursement fees to the County for the cost of the building, to be paid over a five-year period. He
indicated the County has the option to purchase the building back from the District, now that it has been
vacated, and the building was appraised at $80,000.00. He recommended that the County exercise its
option to acquire the building, for the immediate use of a learning lab for the Department of Human
Services. Mr. Warden explained the relocation of the learning lab will provide more office space within the
Southwest Weld County Administrative Services Building, which will delay the need for additional
expansion at the building for approximately five years. In response to Chair Jerke, Mr. Warden indicated
the purchase for the building will be$80,000.00,and confirmed there will be minimal costs associated with
the required renovations of the building, including painting and carpeting. Responding to Commissioner
Garcia, Mr. Warden confirmed the cabling and electricity are adequate. In response to Chair Jerke,
Mr. Warden explained the County already owns the other two buildings located on the property, and
confirmed the building was stick built, and is approximately 2,400 square feet in size. He further clarified
he believes the purchase price of $80,000.00 is very fair, and confirmed the County owns the land
underneath the building. Commissioner Garcia moved to approve said agreement and purchase and
authorize the Chair to sign any necessary documents. Seconded by Commissioner Rademacher, the
motion carried unanimously.
CONSIDER APPOINTMENT TO EXTENSION ADVISORY COUNCIL: Commissioner Rademacher moved
to appoint Dona Mason to the Extension Advisory Council, with a term to expire February 1, 2009.
Seconded by Commissioner Garcia, the motion carried unanimously.
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Page 6 BC0016
CONSIDER APPOINTMENTS TO BOARD OF PUBLIC HEALTH: Commissioner Garcia moved to appoint
Keith Laube and Cameron Cowan, and to reappoint Doug Printz and Barbara Murphy to the Board of
Public Health,all with terms to expire May 23, 2011. Seconded by Commissioner Long,the motion carried
unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR PUD FINAL PLAN, PF #1089 -
MBM ENTERPRISES, LLC / BRAVO INTERESTS, LLLP: Chris Gathman, Department of Planning
Services, stated Bravo Interests, LLLP, has requested release of the letter of credit, in the amount of
$46,487.00. He indicated the applicant has fulfilled all of the required obligations, therefore, he
recommended approval of the release of collateral. Commissioner Long moved to approve said
cancellation and release of collateral. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER VACATION OF USR #1480 - MILDRED MAE SARCHET, LLC: Mr. Gathman stated staff
received a letter from Robert Sarchet, manager of Mildred Mae Sarchet, LLC, indicating the Conditions
of Approval for Use by Special Review Permit#1480 are not able to be completed,therefore, he requested
vacation of the Permit. In response to Chair Jerke, Mr. Gathman indicated the applicant must remove all
items from the property which are associated with the permitted business. Commissioner Garcia moved
to approve said vacation. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER VACATION OF USR #248, AMUSR#248, AND 3RDAMUSR #248 -VARRA COMPANIES,
INC.: Mr. Gathman stated staff received a letter from Varra Companies, requesting that Use by Special
Review(USR)Permit#248,Amended USR#248,and Third Amended USR#248, be vacated. He clarified
Second Amended USR#248 was not approved, therefore, it does not need to be vacated. In response to
Chair Jerke, Mr. Gathman confirmed he contacted the State to ensure that the appropriate mitigation
measures and reclamation have been completed at the site. Commissioner Rademacher moved to
approve said vacations. 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, June 23, 2008 2008-1773
Page 7 BC0016
There being no further business, this meeting was adjourned at 10:30 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Lid
1861 ?'1, aWilliam H. Jerke, Chair
1/44
Weld County Clerk to the :':r.
EXCUSED
/ u ® , ,�� Rebej . d n, Proem
BY:
D-puty Clerk if e Board
• F. Ga a
David E. Long
ougl s Rademach r
Minutes, June 23, 2008 2008-1773
Page 8 BC0016
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