HomeMy WebLinkAbout20152157.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 20, 2015
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
Administration Building, Greeley, Colorado, July 20, 2015, 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:
Barbara Kirkmeyer,Commissionery , Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Stephanie Frederick
Controller, Barbara Connolly
• MINUTES: Commissioner Moreno moved to approve the minutes of the Board of County
Commissioners meeting of July 20, 2015, as printed. Commissioner Freeman seconded the motion,
and it carried unanimously.
el CERTIFICATION OF HEARINGS: Commissioner Freeman moved to approve the Certification of
Hearings conducted on July 15, 2015, as follows: 1) USR15-0020 - Wade and Deland Castor, do
Whiting Oil and Gas, and 2) USR15-0021 - RJM Land Company, do Whiting Oil and Gas.
Commissioner Cozad seconded the motion, which carried unanimously.
• AMENDMENTS TO AGENDA: There were no amendments to the agenda.
ID CONSENT AGENDA: Commissioner Moreno moved to approve the Consent Agenda as printed.
Commissioner Cozad seconded the motion, and it carried unanimously.
• PUBLIC INPUT: No public input was given.
HEALTH OLD BUSINESS:
1) CONSIDER SUSPENSION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE -
FULLMOON SALOON (CON'T FROM 7/13/2015): Deb Adamson, Department of Environmental
Health, explained in the last hour staff reached a compliance agreement with conditions and would like
to discontinue this matter. Steve Brent, Owner of Fullmoon Saloon, responded to Chair Kirkmeyer that
Minutes, July 20, 2015
2015-2157
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he believed there were some miscommunications. He explained he felt he could come into compliance
with the conditions. With direction from Bruce Barker, County Attorney, the Board decided it was best to
dismiss the matter. Commissioner Conway moved to dismiss suspension of retail food license.
Commissioner Freeman seconded the motion, and it carried unanimously.
NEW BUSINESS:
• 1) CONSIDER REVISIONS TO OPERATIONS MANUAL, SECTION 2.000, HUMAN SERVICES
DIVISION POLICIES AND PROCEDURES: Judy Griego, Director of Department of Human Services,
requested a 1.7% increase of funds approved for Residential Child Care Facilities, Child Placement
Agencies and Weld County Certified Foster Care/Kinship providers. Commissioner Moreno moved to
approve said revisions to the operations manual. The motion, which was seconded by Commissioner
Cozad, carried unanimously.
• 2) CONSIDER NINE (9) STANDARD FORMS OF AGREEMENTS FOR VARIOUS OUT-OF-
HOME PLACEMENT AND FOSTER CARE SERVICES BETWEEN THE DEPARTMENT OF HUMAN
SERVICES AND VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN AGREEMENTS
CONSISTENT WITH SAID FORMS: Ms. Griego explained the standard agreements update the
templates used for out-of-home providers. Commissioner Freeman moved to approve said standard
forms and authorize the Chair to sign. The motion, which was seconded by Commissioner Conway,
carried unanimously.
• 3) CONSIDER CHRONIC DISEASE SELF-MANAGEMENT EDUCATION (CDSME) LICENSE
HOLDER AGREEMENT AND AUTHORIZE CHAIR TO SIGN - CENTRAL COLORADO AREA HEALTH
EDUCATION CENTER: Ms. Griego presented the terms of the amendment to receive funds for
additional participant completers. Commissioner Cozad moved to approve said agreement and
authorize the Chair to sign. The motion, which was seconded by Commissioner Moreno, carried
unanimously.
El 4) CONSIDER CHRONIC DISEASE SELF-MANAGEMENT EDUCATION (CDSME) LICENSE
HOLDER AGREEMENT AND AUTHORIZE CHAIR TO SIGN - CONSORTIUM FOR OLDER ADULT
WELLNESS: Ms. Griego explained for staff to provide disease management, the County has to obtain
a license. She recommends entering into an agreement with Consortium for Older Adult Wellness
(COAW) to be under COAW offices for use of their license. Commissioner Freeman moved to approve
said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Conway,
and it carried unanimously.
• 5) CONSIDER AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN - EXPRESS
SERVICES, INC: Ms. Griego presented the contract with Express Services, Inc. to provide experienced
temporary employees while newly hired employees complete their training. Ms. Griego stated during
the budget process there will be a discussion about hiring more employees. In response to Chair
Kirkmeyer, she stated there will be no incentive funds next year. Chair Kirkmeyer expressed her
frustration about a State of Colorado decision. Commissioner Conway moved to approve said
agreement and authorize the Chair to sign. Commissioner Moreno seconded the motion, and it carried
unanimously.
El 6) CONSIDER AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN - GREELEY
TRANSITIONAL HOUSE: Ms. Griego stated this agreement is part of the stragetic plan and it is for the
homeless shelter. Commissioner Freeman moved to approve said agreement and authorize the Chair
to sign. Commissioner Cozad seconded the motion, and it carried unanimously.
Minutes, July 20, 2015 2015-2157
Page 2 BC0016
• 7) CONSIDER AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN -
A WOMAN'S PLACE: Ms. Griego explained the terms of the agreement for use of Community Services
Block Grant funds for homeless services through A Woman's Place. Commissioner Cozad moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Moreno, the
motion carried unanimously.
• 8) CONSIDER SUBSTANCE ABUSE TREATMENT SERVICES AGREEMENT FOR CHILD
WELFARE CLIENTS AND AUTHORIZE CHAIR TO SIGN - SIGNAL BEHAVIORAL HEALTH
NETWORK: Ms. Griego presented the agreement for the County to substance abuse treatment sevices
for child welfare families. Commissioner Freeman moved to approve said agreement and authorize the
Chair to sign. The motion was seconded by Commissioner Cozad, and it carried unanimously.
9) CONSIDER DECLARATION OF DISASTER EMERGENCY AND AUTHORIZE CHAIR TO
SIGN ANY NECESSARY DOCUMENTS: Bruce Barker, County Attorney, explained declaration is the
last of the three documents that need to be signed to receive disaster relief funds due to Spring
flooding. Commissioner Conway moved to approve said declaration. The motion was seconded by
Commissioner Freeman, and it carried unanimously.
• 10) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (2012) - NORWEST
PUBLISHING COMPANY, NKA RR DONNELLEY AND SONS COMPANY, C/O DYCO DIVERSIFIED,
INC: Brenda Dones, Weld County Assessor's Office explained the information used for the values
came from January, 2009, through June 30, 2010 and by law the Assessor's Office is not permitted to
use information subsequent to that date. The current value for the commercial property is
$8,546,370,000.00. Wade Melies, Assessors Office, presented the property details saying it is a large
publishing facility with two buildings located on the parcel. The cost approach was considered but not
used but there are three comparable sales used for the market value approach. He gave the locations
and specifics of each location in relation to the subject property. Ms. Dones responded to
Commissioner Moreno's question about what year the data is based from. = Mark Dyson,
representative for RR Donnelley, explained this building was built for heavy manufacturing of telephone
books and it was constructed around the raw paper being delivered by rail. He expressed that this
building's design is out dated. It was then put on the market for $10.7 million dollars. After three years
on the market the property was sold for $4.4 million. The new buyer can only utilize 50% of the
property. Commissioner Freeman asked Mr. Dyson when the sale took place and clarified it took place
in early 2014. Mr. Dyson presented the comparable sales that occurred in the same time period.
Mr. Melies responded to Commissioner Conway's inquiry about the comparables located in Denver and
Pubelo and how this approach was used to come up with the value. He mentioned, considering the size
of the building, dynamics and the unquiness of the property, it was necessary to locate comparables
throughout the entire Front Range. Mr. Dyson iterated the property can no longer be used for what it
was designed for and believes it's value is half of what the Assessor is saying. Commissioner Conway
added the Assessor has been fair to the petitioner and used comparables in Fort Collins during the
2009 tax year. Commissioner Conway moved to deny the petition for the abatement of taxes. The
motion was seconded by Commissioner Moreno, and it carried unanimously. Commissioner Cozad
stated she apperciates the fact that Mr. Dyson presented the recent sale, unfortunately it can't be used
in this process because it takes place outside of the collection period.
• 11) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (2013) - NORWEST
PUBLISHING COMPANY, NKA RR DONNELLEY AND SONS COMPANY, C/O DYCO DIVERSIFIED,
INC: Ms. Dones made known the data collection period is from January 1, 2011, through June 30,
Minutes, July 20, 2015 2015-2157
Page 3 BC0016
2012, but the Assessor will take data five years back. Mr. Melies explained the building stayed the
same during this time and presented the comparables with the specifics. In response to Commissioner
Conway's question, Mr. Melies stated staff evaluated the property during the data period and took many
factors into consideration. Ms. Dones iriterated the property was listed for $10 million with rail access.
Mr. Dyson gave details of his comparables and expressed the rail service doesn't work for the use of
the building anymore. He stated the property closing was made public knowledge in January, 2011, and
the property wasn't in use on the critical date. Commissioner Conway inquired about the $10 million
listing price. Commissioner Moreno moved to deny the petition for abatement or refund of taxes.
Commissioner Cozad seconded the motion, and it carried unanimously. Commissioner Conway stated
the Assessor's Office comparables were fair. Commissioner Freeman added it is difficult to find
something comparable, but he is in support of the motion to deny. Chair Kirkmeyer mentioned that the
Assessor did a great job at being fair.
12) CONSIDER CANCELLATION OF CERTAIN OUTSTANDING ACCOUNTS RECEIVABLE
FOR WELD COUNTY TREASURER - PERSONAL PROPERTY, MOBILE HOMES, AND
POSSESSORY INTEREST TAXES: John Lefebrve, Weld County Treasurer, said according to Statue
39-10-114 (2) once a year he is able to present the Board the accounts staff deems to be uncollectable.
This year the amount is $66,513.05, which represents about 1/100 of 1% of what staff normally collects.
The write off list contains the property and the reason taxes can't be collected. He stated most mobile
homes are either destroyed or gone and the other part of the list are companies that have gone out of
business. Mr. Lefebrve detailed the process of writing off property taxes, and explained the County is a
nonwilling creditor. Commissioner Conway moved to approve said cancellation of certain outstanding
accounts. The motion was seconded by Commissioner Freeman, and it carried unanimously.
El 13) CONSIDER MEMORANDUM OF UNDERSTANDING FOR EXPLOSIVE ORDINANCE AND
DISPOSAL TERMS AND AUTHORIZE CHAIR TO SIGN - GREELEY POLICE DEPARTMENT: Alan
Caldwell, Sheriff's Office, stated this memorandum of understanding will allow the Weld County Sheriff
deputies to remain members of the City of Greeley Bomb Team. Commissioner Conway moved to
approve said memorandum of understanding and authorize the Chair to sign. The motion, which was
seconded by Commissioner Moreno, carried unanimously.
14) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR SCHOOL RESOURCE OFFICER
SERVICES AND AUTHORIZE CHAIR TO SIGN - SCHOOL DISTRICT RE-3J: Mr. Caldwell presented
the agreement stating that the current agreement expires December 31, 2015, so this agreement will
be conducive to the school year. This has become an issue when the Sheriff's Office needs to change
the rates. Mr. Caldwell responded to Chair Kirkmeyer stating the Sheriff's Office pays for the training
and he wasn't sure how much that training cost. Barb Connolly, explained the invoice will be sent at the
beginning of the month, after the officer's hours are established. Commissioner Freeman moved to
approve said agreement and authorize the Chair to sign. The motion, which was seconded by
Commissioner Conway, carried unanimously.
15) CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY, APPROVE
DONATION OF SAME TO UNIVERSITY OF NORTHERN COLORADO, AND AUTHORIZE CHAIR TO
SIGN ALL NECESSARY DOCUMENTS: Ron Arndt, Regional Crime Lab, stated in 2002, the lab
received a grant to purchase a GCMS, unfortunately it has lost some of its sensitivity to detect trace
amount of drugs. Mr. Arndt requested that the Board approve the donation to University of Northern
Colorado. Commissioner Cozad moved to declare said equipment as surplus and approve the
donation to UNC. Commissioner Moreno seconded the motion, and it carried unanimously.
Minutes, July 20, 2015 2015-2157
Page 4 BC0016
• 16) CONSIDER JOINT MUTUAL ASSISTANCE AGREEMENT AND AUTHORIZE CHAIR TO
SIGN -ADAMS COUNTY COMMUNICATIONS CENTER, INC: Mike Wallace, Director of Public Safety
Comunications, presented the agreement between Weld County and Adams County Communications
Center, Inc., stating it will allow the two organizations to share resources in emergency situations, such
as a large scale disaster, or an operational element. It would also allow them to share personnel and
recoup funds. Commissioner Freeman moved to approve said agreement and authorize the Chair to
sign. Seconded by Commissioner Cozad, the motion carried unanimously.
• 17) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR USE OF COMMUNICATION
TOWER (3105 35TH AVENUE) AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY:
Mr. Wallace stated the agreement is to document the City of Greeley using the tower on 35th Avenue.
The City of Greeley has been using this tower for the last seven years. Commissioner Conway moved
to approve said agreement and authorize the Chair to sign. The motion, which was seconded by
Commissioner Moreno, carried unanimously.
18) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR USE OF COMMUNICATION
TOWER (2760 131ST AVENUE) AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY:
Mr. Wallace, explained this is similar to the previous agreement but instead it is for Weld County to use
space on the Greeley Water Tower. There is no cost associated with the use. Commissioner Freeman
moved to approve said intergovernmental agreement and authorize the Chair to sign. Commissioner
Conway seconded the motion, and it carried unanimously.
ID 19) CONSIDER AGREEMENT FOR USE OF PROPERTY AND AUTHORIZE CHAIR TO SIGN —
RMLEA: Commissioner Cozad stated this retroactively covers the use of the parking lot during the
Stampede. Commissioner Conway moved to approve said agreement and authorize the Chair to sign.
The motion, which was seconded by Commissioner Cozad, carried unanimously.
• 20) CONSIDER ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION
MANAGEMENT SPECIALIST: Tina Booton, Division of Weed and Pest, stated under the Colorado
Weed Management Act, she must seek approval to carry out weed management on properties. At the
request of Commissioner Cozad, Ms. Booton explained the process of contacting the landowners
Commissioner Moreno moved to approve said entry upon various lands. Commissioner Freeman
seconded the motion, and it carried unanimously.
21) CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND
MAINTENANCE AND/OR USE OF IRRIGATION AND FARMING RELATED STRUCTURES WITHIN
CR 47 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - WAKE, LLLP: Rich Hastings,
Department of Public Works, outlined the terms of the agreement, which will allow the property owner
to maintain farm equipment and irrigation equipment. Commissioner Conway moved to approve said
nonexclusive license agreement and authorize the Chair to sign. Commissioner Cozad seconded the
motion, and it carried unanimously.
CI 22) CONSIDER TEMPORARY CLOSURE OF CR 47 BETWEEN CRS 60.5 AND 62: Janet
Lundquist, Department of Public Works, presented the terms of the closure effective July 24, 2015,
through August 24, 2015, and stated it is for roadway construction on the Parkway Project.
Commissioner Conway advised Ms. Lundquist to meet with Airport officials to inform them about the
construction so they can notify the tenants at the airport. The motion, to approve said temporary
closure, which was made by Commissioner Cozad, and seconded by Commissioner Moreno, carried
unanimously.
Minutes, July 20, 2015 2015-2157
Page 5 BC0016
• 23) CONSIDER APPEAL OF THE DECISION OF THE DEPARTMENT OF PUBLIC WORKS TO
DENY AN ACCESS PERMIT - WILLITS COMPANY, INC., C/O BOB WILLITS: Ms. Lundquist made
known the orginal Recorded Exemption owner was Bob Willits but there was a sale since this appeal
was submitted and the owner is actually Gerrard Investments. She explained the reasons staff denied
the permit because the applicant is requesting an additional access located along an artiel roadway,
and it doesn't meet spacing requirements. la Patrick Groom, representative of Nathan Gerrard
Investments, LLC, said on the Recorded Exemption plat there is only one permitted access and
believes the second access was created by the owner without prior approval. The access that is
located on the property line is a shared access; however, the owner of Lot B closed off the access so it
is no longer an access between Lot A and Lot B. Mr. Groom stated the third access off of County Road
56 is an oil and gas access used exclusively by K.P. Kaufman pursuant to the surface agreement, the
owner is unable to use this access. = Commissioner Cozad asked for clarification in applying for a
Special Use Permit, and stated this needs to be reviewed as access to this parcel. Mr. Groom pointed
out an additional access is on the plat for future residential access, although not commercial, and he
stated the reason for the appeal is to make sure the property will work for Gerrard purposes. Gerrard
needs to have another access because of the trucks coming in and out, and employees cars coming in
and out could pose a problem for the exisiting resident. Commissioner Freeman asked whether the
applicant will buy the property if they are denied the access on County Road 13. = Ms. Lundquist
stated. the contract is conditional on approval of the USR. The Platt displays one access and it shows
agricultural and residential access. Bruce Barker, County Attorney, explained to the Board about
the nature of the "grandfathered" clause. Commissioner Conway suggested the Board grant the
access, stating the industrial access could be mitigated during the USR process. Ms. Lundquist
reported that once a residential access is applied for, is not a difficult process to change it to a
commercial access, and she stated it is the best location for a commercial access. Commissioner
Cozad moved to grant the appeal of and authorize approval of a commercial access conditional upon
the approval of a USR permit, otherwise the access would be for agricultural and/or residential only.
Seconded by Commissioner Conway, the motion carried unanimously. = Chair Kirkmeyer suggested
staff add a condition to the permit so the access is not used by oil and gas traffic and Mr. Barker gave
the language suggestion for the Resolution.
• 24) CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE
CHAIR TO SIGN - THE FORT 21, LTD., DBA THE FORT 21: Brad Yatabe, Assistant County Attorney,
reported there are no reported issues concerning this application. Commissioner Conway moved to
approve said renewal application and authorize the Chair to sign. The motion was seconded by
Commissioner Moreno, and it carried unanimously.
• 25) CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE
CHAIR TO SIGN - VIPER 2, INC., DBA BORDERLINE: Mr. Yatabe explained staff has no objections to
renewing this license and there are no management changes. Commissioner Freeman moved to
approve said renewal application and authorize the Chair to sign. Commissioner Conway seconded the
motion, and it carried unanimously.
• 26) CONSIDER CORRECTION TO SIX (6) OIL AND GAS LEASE TERMS AND AUTHORIZE
CHAIR TO SIGN - GRIZZLY PETROLEUM COMPANY, LLC: Esther Gesick, Clerk to the Board, stated
this is for corrections to six (6) lease terms. Commissioner Moreno moved to approve correction to six
(6) Oil and Gas Lease terms and authorize the Chair to sign. The motion was seconded by
Commissioner Conway, and it carried unanimously.
Minutes, July 20, 2015 2015-2157
Page 6 BC0016
PLANNING:
El 1) FINAL READING OF CODE ORDINANCE #2015-7, IN THE MATTER OF REPEALING AND
REENACTING WITH AMENDMENTS, CHAPTER 22 COMPREHENSIVE PLAN, AND CHAPTER 23
ZONING, OF THE WELD COUNTY CODE: Commissioner Conway moved to read Code Ordinance
#2015-7 by title only. Seconded by Commissioner Moreno, the motion carried unanimously. Michelle
Martin, Department of Planning Services, reviewed the changes and explained the one major change
was the addition of the mineral statement otherwise the other changes were just "clean-up." No public
input was offered concerning this matter. Commissioner Moreno moved to approve Code Ordinance
#2015-7 on Final reading. The motion was seconded by Commissioner Freeman, and it carried
unanimously.
El 2) FINAL READING OF CODE ORDINANCE #2015-8, IN THE MATTER OF REPEALING AND
REENACTING WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE:
Commissioner Conway moved to read Code Ordinance #2015-8 by title only. The motion was
seconded by Commissioner Freeman, and it carried unanimously. Ms. Martin stated the intent of the
changes to the antenna and tower sections were to make it more comprehensive and flexible for the
planners. She said there were no changes from the Second to the Final Reading. No public input was
offered concerning this matter. Commissioner Conway moved to approve Code Ordinance #2015-8 as
presented for final reading. The motion, which was seconded by Commissioner Cozad, carried
unanimously.
ID 3) FINAL READING OF CODE ORDINANCE #2015-9, IN THE MATTER OF REPEALING AND
REENACTING WITH AMENDMENTS, CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY
CODE: Commissioner Cozad moved to read Code Ordinance #2015-9 by title only. Seconded by
Commissioner Moreno, the motion carried unanimously. Ms. Martin explained the changes were
updated to add clarification for all users. No public input was offered concerning this matter.
Commissioner Cozad moved to approve Code Ordinance #2015-9 on Final Reading. The motion was
seconded by Commissioner Conway, and it carried unanimously.
4) FINAL READING OF CODE ORDINANCE #2015-10, IN THE MATTER OF REPEALING AND
REENACTING WITH AMENDMENTS, CHAPTER 27 PLANNED UNIT DEVELOPMENT, OF THE
WELD COUNTY CODE: Commissioner Freeman moved to read Code Ordinance #2015-10 by title
only. The motion was seconded by Commissioner Conway, and it carried unanimously. Ms. Martin
presented the changes which will allow for commercial and industrial PUD's within the Larimar Aquifer
and allow it the ability to have a 100-year water supply. Craig Harrison, Founder of the Niobrara Data
Center Energy Park, stated he is available to answer questions about the Code change. Mr. Harrison
responded to Commissioner Conway's question expressing he has learned a tremendous amount
about underground water and the 100 year supply during this project and appericates the Board's hard
work and commitment to these changes. Commissioner Conway moved to approve Code Ordinance
#2015-10 as presented for Final reading. The motion, which was seconded by Commissioner Moreno,
carried unanimously.
Minutes, July 20, 2015 2015-2157
Page 7 BC0016
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinances #2015-7, #2015-8, #2015-9, and #2015, were approved on Final
Reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Clerk to the Board.
There being no further business, this meeting was adjourned at 11:13 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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