HomeMy WebLinkAbout20202896.tiff EXHIBIT
BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Dwaine Barclay , 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 : USR20-0019
APPLICANT : LANCE AND CHERYL MESSINGER
PLANNER : MAXWELL NADER
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A KENNEL ( CAT RESCUE SHELTER ) IN THE A (AGRICULTURAL )
ZONE DISTRICT .
LEGAL DESCRIPTION LOT A REC EXEMPT RECX18-0015 , PART NW4 SECTION 29 . T3N . R68W OF
THE 6TH P . M . . WELD COUNTY . COLORADO .
LOCATION SOUTH OF AND ADJACENT TO HWY 66 : APPROXIMATELY 640 FEET EAST
OF CR 3 .
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 .
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 ordinance in effect .
The proposed use is in an area that can support this development and the existing
screening , the Development Standards , and the Conditions of Approval will assist in
mitigating the impacts of the facility on the adjacent properties and ensure compatibility with
surrounding land uses and the region .
Section 22-2-20. G. - A . Policy 7. 2. Conversion of agricultural land to nonurban residential,
commercial and industrial uses should be accommodated when the subject site is in an area
that can support such development, and should attempt to be compatible with the region.
The proposal is not changing the overall look of the property with the exception of a cat fence
and an opaque fence that will screen from the neighboring properties and the public right-of-
way . The existing landscaping will remain along with the existing house , keeping the nature
of the property the same . This proposal will help reduce the feral and abandoned cat
populations in Boulder and Weld County which promotes the health , safety , and welfare of
the Weld County citizens . Additionally , the Town of Mead ' s Future Land Use Map shows the
area to the north as potential Mix Use , specifically Residential/Commercial .
Section 22-2-20. H. - A . Goal 8. States, "Ensure that adequate services and facilities are
currently available or reasonably obtainable to accommodate the requested new land use
change for more intensive development. "
There is currently water and septic service provided to the property . The house on the
property is currently served by Longs Peak Water District ( LPWD ) . The applicant submitted a
letter dated May 20 , 2019 from LPWD that stated the existing tap can support the new
business and they are not opposed to the cat shelter. There is a permitted commercial on-
site wastewater treatment system ( OVVTS ) which serves the existing residence ( SP-
2000068) . The system was sized for a three- bedroom residence which required a larger
system than what was needed for the cat rescue , according to the engineer design . Should
the rescue revert back to a residence the system would be adequately sized .
B . Section 23- 2 -220 . A . 2 -- The proposed use is consistent with the intent of the A (Agricultural )
Zone District .
Section 23-3-10.--Intent,of the Weld County Code states, "The A(Agricultural)Zone District
is also intended to provide areas for the conduct of Uses by Special Review which have
been determined to be more intense or to have a potentially greater impact than Uses
Allowed by Right."This code section allows the applicant to apply for a USR(Use by Special
Review) Permit.
Section 23-3-40.N.--Uses by special review,of the Weld County Code allows for a"kennel in
the (A) Agricultural Zone District. This code section allows the applicant to apply for the
kennel.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.
There are some Use by Special Review permits within one (1) mile of the subject property
and many more within two (2) miles. These USRs include one(1)dairy, two(2) RV& Boat
Storage, two (2) kennels, and four(4) home businesses.
The Town of Mead's municipal limits are north of and adjacent to the subject property and,
as stated before, are called out as mixed use, specifically Residential/Commercial per the
Town of Mead's 2018 Future Land Use Map.
The applicant contacted surrounding property owners and received no concerns with the
proposal. The Weld County Department of Planning Services sent notice to seventeen (17)
surrounding property owners within five hundred (500)feet. Staff received two (2)letters in
opposition of the proposal. One letter outlined concerns about cats roaming around. The
second letter did not state any concerns, it just stated that they were not in favor of the cat
rescue.
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.
The site is located within a three (3) mile referral area and Intergovernmental Agreement
Area of the cities of Longmont and Firestone and town of Mead.All three municipalities had
no concerns with this request.
E. Section 23-2-220.A.5--The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The property is not within the Special Flood Hazard Area,Geologic Hazard Overlay District,
Airport Overlay District or the Municipal Separate Storm Sewer System (MS4) area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs.
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.
The soil designation for the site is"Prime(Irrigated)"and "Irrigated Land(Not prime)'per the
1979 Soil Conservation Service Important Farmlands of Weld County Map. The site is not
being used for agricultural production and the small lot size is not suitable for farming, and
therefore, will not being taking any agricultural land out of production.
G. Section 23-2-220.A.7—There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250,Weld County Code),Conditions of Approval and Development Standards
can ensure that there are adequate provisions for the protection of health, safety, and
welfare of the inhabitants of the neighborhood and County.
This recommendation is based,in part,upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The applicant shall address the requirements of the Weld County Department of Building
Inspection, as stated in the referral response dated August 31, 2020. Evidence of such shall
be submitted,in writing,to the Weld County Department of Planning Services. (Department of
Building Inspection)
B. The applicant shall address the requirements of the Colorado Department of Transportation,as
stated in the referral response dated August 25, 2020. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
C. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR20-0019(Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H
of the Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
5. The map shall delineate the existing landscaping and proposed screening.(Department
of Planning Services)
6. The map shall delineate the lighting, if applicable. (Department of Planning Services)
7. All signs shall be shown on the map and shall adhere to Chapter 23,Article IV, Division
2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of
Planning Services)
8. The map shall delineate the parking area for the volunteers. (Department of Planning
Services)
9. Show the approved Colorado Department of Transportation (CDOT)access(es)on the
site plan and label with the approved access permit number if applicable. (Department of
Public Works)
10. Show and label the drainage flow arrows. (Department of Public Works)
11. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy(.pdf)of the map for preliminary approval to the Weld County Department of Planning Services.
Upon approval of the map the applicant shall submit a Mylar map along with all other documentation
required as Conditions of Approval.The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map
and additional requirements shall be submitted within one hundred twenty(120)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)
3. In accordance with Weld County Code Ordinance#2012-3,approved April 30,2012, should the plat
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. The Use by Special Review Permit is not perfected until the Conditions of Approval are completed
and the map is recorded.Activity shall not occur, nor shall any building or electrical permits be issued
on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement
(Department of Planning Services)
Motion seconded by Troy Mellon.
VOTE:
For Passage Against Passage Abstain Absent
Tom Cope
Gene Stille
Lonnie Ford
Elijah Hatch
Skip Holland
Dwaine Barclay
Sam Gluck
Butch White
Troy Mellon
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 Commissioners for further proceedings.
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 September 15, 2020.
Dated the 151h of September, 2020
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Lance F. & Cheryl A. Messinger
USR20-0019
1. A Site Specific Development Plan and Use by Special Review Permit for a kennel (Cat Rescue Shelter),
outside of subdivisions and historic townsites 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. The hours of operation are 8:00 a.m.-10:00 p.m., Monday—Sunday. (Department of Planning Services)
4. The number of on-site volunteers shall be no more than be fifteen (15). (Department of Planning
Services)
5. The number cats, six (6) months of age or older, shall be no more than sixty (60). (Department of
Planning Services)
6. The parking area on the site shall be maintained. (Department of Planning Services)
7. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
8. The existing/proposed landscaping and screening on the site shall be maintained. (Department of
Planning Services)
9. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the
plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators
of motor vehicles on public or private streets. No colored lights may be used which may be confused
with, or construed as, traffic control devices. (Department of Planning Services)
10. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5,
C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and
groundwater contamination. (Department of Public Health and Environment)
11. 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. (Department of Public Health and Environment)
12. 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.The applicant shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and
Environment)
13. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the
Colorado Air Quality Commission's air quality regulations.(Department of Public Health and Environment)
14. Any On-site Wastewater Treatment System located on the property must comply with all provisions of the
Weld County Code, pertaining to On-site Wastewater Treatment Systems.(Department of Public Health
and Environment)
15. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.(Department of
Public Health and Environment)
16. Animal and feed wastes, bedding, debris and other organic wastes shall be disposed of so that vermin
infestation, odors, disease hazards, and nuisances are minimized. (Department of Public Health and
Environment)
17. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of Animal
Industry regulations. (Department of Public Health and Environment)
18. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Public Health and Environment)
19. The property owner or operator shall be responsible for controlling noxious weeds on the site,pursuant to
Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works)
20. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
21. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
22. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently,the following
have been adopted by Weld County: 2018 International Codes, 2006 International Energy Code, and
2017 National Electrical Code. A Building Permit Application must be completed and two (2) complete
sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review. A Geotechnical Engineering Report performed by a Colorado registered engineer
shall be required or an Open Hole Inspection. (Department of Building Inspection)
23. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
24. Necessary personnel from the Weld County Departments of Planning Services, Public Works,and Public
Health and Environment 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 Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations.
25. The Use by 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.
26. 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.
27. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b)the populous counties of the state
face a critical shortage of such deposits;and(c)such deposits should be extracted according to a rational
plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover,these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource.
28. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms,those features which attract urban dwellers
to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities
will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on
rural roads; dust from animal pens,field work, harvest and gravel roads; odor from animal confinement,
silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not
be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size(twice the
size of the State of Delaware)with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their
jobs and families to respond to emergencies. County gravel roads,no matter how often they are bladed,
will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that
roads from subdivisions to arterials may not be cleared for several days after a major snowstorm.
Services in rural areas, in many cases,will not be equivalent to municipal services. Rural dwellers must,
by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
EXHIBIT
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING S
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Tuesday . September 15 . 2020 —Sr •
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building , Hearing Room , 1150 O Street , Greeley , Colorado . This meeting was called to order by Chair,
Elijah Hatch , at 12 : 30 pm .
Roll Call .
Present : Gene Stille . Tom Cope , Lonnie Ford , Elijah Hatch , Skip Holland , Dwaine Barclay . Sam Gluck , Troy
Mellon .
Absent : Butch White .
Also Present : Maxwell Nader. Jim Flesher. Angela Snyder, and Tom Parko , Department of Planning
Services ; Lauren Light , Department of Health : Mike McRoberts and Evan Pinkham Department of Public
Works ; Bob Choate , County Attorney , and Kris Ranslem , Secretary .
CASE NUMBER : USR20-0019
APPLICANT . LANCE AND CHERYL MESSINGER
PLANNER : MAXWELL NADER
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A KENNEL ( CAT RESCUE SHELTER ) IN THE A
(AGRICULTURAL ) ZONE DISTRICT .
LEGAL DESCRIPTION : LOT A REC EXEMPT RECX18-0015 , PART NW4 SECTION 29 . T3N , R68W OF
THE 6TH P M . . WELD COUNTY , COLORADO .
LOCATION SOUTH OF AND ADJACENT TO HWY 66 : APPROXIMATELY 640 FEET EAST
OF CR 3 .
Max Nader, Planning Services , presented Case USR20-0019 , reading the recommendation and comments
into the record . Mr. Nader noted that (2 ) two letters were received in opposition for this application regarding
concerns about cats roaming around and that they were not in favor of the cat rescue . The Department of
Planning Services recommends approval of this application with the attached conditions of approval and
development standards .
Mike McRoberts . Public Works . reported on the existing traffic , access to the site and drainage conditions
for the site .
Lauren Light . Environmental Health , reviewed the public water and sanitary sewer requirements , on -site
dust control , and the Waste Handling Plan .
In response to Commissioner Stille ' s inquiry . Ms . Light suggested asking the applicant how they dispose of
deceased animals .
Rosi Dennett , 210 Lincoln Street , Longmont . Colorado , stated that she is the planning consultant for this
case and introduced Tonni Loutzenhiser, who is the Executive Director for the organization .
Ms . Dennett said that they have no objections to the Staff recommendation for approval and added that
they can meet the recommended conditions stated in the staff report . Ms . Dennett said that this use will
continue to look residential in character and the existing structures will remain in place . She added that all
the existing mature landscaping will stay in place and a privacy fence will be added along the front of the
property to enhance the buffering and screening . She said that this use can easily be compatible with the
surrounding area .
Tonni Loutzenhiser, 1002 Martin Road . Longmont , Colorado . said that the shelter would be a support to
the TNR program . She said that the TNR program is where they go into areas where they are asked of
residents to help neuter, spay , and vaccinate and release cats back . They often take kittens out because
they want the populations to decrease . She added that their mission is to improve the lives of the cats and
the people who care of them .
1
Commissioner Holland asked who owns the property. Ms. Loutzenhiser said that Messingers own the
property. Mr. Holland asked if anyone resides at the property today. Ms. Loutzenhiser replied that no one
lives on the property.
Ms. Loutzenhiser referred to the question regarding disposal of deceased animals and said that they take
them to their veterinarian to dispose of or Longmont Humane will also take the deceased animals.
Commissioner Ford asked how many cats will be on site. Ms. Toni said that there will be no more than 25
cats inside and about 30 cats outside. Mr. Ford asked if people will only be there during certain hours of
the day. Ms. Loutzenhiser replied yes and said that currently they have(8)eight foster cats on the property
and they are taken care of from 9 am to 12 pm and 4 pm to 6 pm.
Commissioner Holland asked what TNR is. Ms. Loutzenhiser said that the cats are spayed and neutered
and vaccinated and then they return those cats to residents. She added that TNR stands for Trap, Neuter,
Return.
Commissioner Stille asked if there is a charge for cats caught in a live trap. Ms. Loutzenhiser replied no.
Commissioner Barclay asked if the requirement for intake is that they be a domesticated cat. Ms.
Loutzenhiser replied yes. Mr. Barclay asked how long they are in the applicant's care before they are taken
back to the owner. Ms. Loutzenhiser said that she got some cats this morning and they went straight to the
clinic and then she will take them back tomorrow. She said that in the TNR program the cats are usually
with them no longer than three days.
Commissioner Barclay asked if someone is on staff at all times on site. Ms. Loutzenhiser replied no. She
added they also have a foster care program that the cats could be with them for up to one year depending
on how long it takes to tame them and find them a home.
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 asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR20-0019 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Dwaine Barclay, Seconded by Troy Mellon.
Vote: Motion passed (summary: Yes = 7, No = 0, Abstain = 1).
Yes: Dwaine Barclay, Elijah Hatch, Gene Stille, Lonnie Ford, Skip Holland, Tom Cope, Troy Mellon.
Abstain: Sam Gluck.
Meeting adjourned at 2:52 pm.
Respectfully submitted,
42)V:66111t-•1140' 1-iYl.
Kristine Ranslem
Secretary
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