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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

MONDAY, JULY 17, 2006

 

LAND USE HEARING

(#83 & #84)

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principal Planner.  Chair Gibson presided, and Commissioner Rennels was present.  Also present were: Matt Lafferty, Porter Ingrum, and Samantha Mott, Planning Department; Traci Downs, and Matt Johnson, Engineering Department; Jeannine Haag, Assistant County Attorney; and Kristen Romary, Deputy Clerk.

 

Chair Gibson opened the meeting with the Pledge of Allegiance, and asked for public comment on the County Budget and the Land Use Code.  No one from the audience addressed the Board regarding these topics.  Chair Gibson explained that Items 1 through 4 were on consent and would not be discussed unless requested by the Board, staff, or members of the audience.  At this time a member of the audience requested that Item 4 be pulled from the Consent Agenda for discussion.

 

1.  RININGER MINOR LAND DIVISION - #06-S2580:  This is a request to approve a Minor Land Division which would create a legal lot from two illegally created metes and bounds parcels.

Permission was granted by the Board of County Commissioners for the applicant to be allowed to utilize the Minor Land Division process to create a plat of record.  A condition that the applicant demonstrates compliance with Section 8.0 of the Land Use Code was included in the approval criteria.  If the Rininger Minor Land Division application is approved subject to the conditions recommended by the Development Service Team, there should be no adverse impacts to the environment or surrounding community.  Therefore, the Development Services Team supports the Minor Land Division and finds that it complies with the standards and regulations of the Land Use Code.

The Development Services Team recommends approval of the Rininger Minor Land Division subject to the following conditions and authorization for the Chair to sign the plat when the conditions are met and the plat is presented for signature:

 

  1. All conditions of approval shall be met and the Final Plat recorded by January 17, 2007, or this approval shall be null and void.
  2. The following fees shall be collected at building permit issuance for new single family dwellings:  Poudre R-1 school fee, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Community Park Fee (in lieu of dedication) and drainage fee.  The fee amount that is current at the time of building permit application shall apply.
  3. Prior to the recordation of the MLD Plat, the applicant shall address the Engineering comments from Matt Johnson in the referral letter dated June 8, 2006.  
  4. Prior to the recordation of the Final Plat, the application shall make technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department.

 

2.  MILLER EXEMPTION TRACTS 1 AND 2 AMENDED PLAT - #06-S2585:  This is a request for an Amended Plat to reconfigure the boundary line between Tract 1 and Tract 2 of the Amended Alvin L. Miller Exemption (File # S-78-89) by adding a portion of Tract 2 to Tract 1. 

 

There have been no objections to this proposal by surrounding neighbors.  Additionally, the following Larimer County agencies stated that they have no objections to this proposal:  The Larimer County Department of Health and Environment; The Larimer County Engineering Department; Dale Greer, Land Surveyor of the Larimer County Engineering Department identified several required corrections to the plat.

 

The Development Services Team recommends approval of the Amended Plat of Tracts 1 and 2 of the Amended Alvin L. Miller Exemption, subject to the following conditions and authorization for the Chair to sign the plat when the conditions are met and the plat is presented for signature:

1.   All conditions of approval shall be met and the Final Plat recorded by January 17, 2007, or this approval shall be null and void.

2.   Prior to the recordation of the Final Plat, the applicant shall make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department, in his letter dated June 9, 2006.

3.   Prior to the recordation of the Final Plat, the plat shall be revised to include a signature block for Key Bank shown as a lien holder for Lonna F. Miller’s property.

4.   Prior to the recordation of the Final Plat the “Certificate of Ownership and Dedication” shall be revised to include Lonna F. Miller as one of the owners.

5.   Prior to the recordation of the Final Plat the “Approval of Survey Plat” note shall be revised from This survey has…” to “This plat has…”.

 

3.  CRIST/GALLIVAN SUBDIVISION - #05-S2460:  This is a request for a Preliminary Plat to subdivide an 11.12 acre parcel into two lots, one with an existing residence on a 2.30 acre lot and one with an existing residence on an 8.5 acre lot.

The Planning Commission and the Development Services Team recommends approval subject to the following conditions:

 

1.   The Final Plat of the Crist/Gallivan Subdivision shall be completed in strict compliance with the conditionally approved preliminary plat and other information submitted by the applicant and contained in the file, #05-S2460, unless modified by the conditions of this approval.

2.   The applicant shall provide a Final Development Agreement and Disclosure Notice for approval by the County to be recorded with the Final Plat.  This notice will provide information to all lot owners of the conditions of approval and special costs or fees associated with the approval of this project.  The notice shall include, but is not limited to; the issues related to rural development, the width of the shared access, and the issues raised in the review and or related to compliance with the Larimer County Land Use Code.

3.   The following fees shall be collected prior to recordation of the development agreement: Larimer County fees for the balance of Transportation Capital Expansion Fees, Larimer County Park Fee in lieu of dedication, and Loveland School District Fees.

4.   Prior to recordation of the Development Agreement, an Access Permit must be obtained from the Larimer County Engineering Department for the proposed shared access.  The shared access apron must be a minimum of 24-feet in width, and the access itself must be a minimum of 20-feet in width and constructed of an all weather surface and provided with an approved turnaround. 

5.   Prior to recordation of the Development Agreement, the applicant must submit a maintenance agreement for the shared access that specifies that the access will be maintained to have a minimum 20-foot wide compacted, all-weather, base course surface. 

6.   The Larimer County Engineering Department reserves the right to require the existing home on Lot 1 to use Shannon Court for access once it is built to County standards as a result of future development of the adjacent lots.

7.   The applicant must obtain a Certificate of Occupancy from the Larimer County Building Department for the residence under Building Permit 04-B1192 within 30 days of the recordation of the Final Plat. 

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve Items 1 through 3, as listed on the Consent Agenda and outlined above.

 

Motion carried 2-0.

 

4.  CHATEAU DU VALLON SUBDIVISION - #06-S2562:  This is a request for a Preliminary Plat to subdivide a 25.4 acre parcel into two lots, one with an existing residence on a 13.8 acre lot and one additional 10.4 acre lot.

John Clark, resident at 5420 Rix Road, addressed the Board and asked that this item be pulled for discussion in order to understand the reasoning behind this particular subdivision.  As a neighbor to this lot, he was concerned that if the lot was subdivided, his property would be negatively affected.  Some concerns included the potential conversion of the cul-de-sac into a road, and the loss of a mountain view from his home.

Mr. Helmick explained that based on the size of the Chateau Du Vallon Subdivision, the parcel would only be divided into two lots.  Also, based on the size of the surrounding lots, parcels located on the south side of the road would not be eligible for subdivision.  

The Planning Commission and Development Services Team recommend that the Board of County Commissioners approve the Chateau Du Vallon Subdivision, File #06-S2562, subject to the following conditions:

 

1.   The Final Plat of the Chateau Du Vallon Subdivision shall be completed in strict compliance with the conditionally approved preliminary plat and other information submitted by the applicant and contained in the file, #06-S2562, unless modified by the conditions of this approval.

2.   The applicant shall provide a Final Development Agreement and Disclosure Notice for approval by the County to be recorded with the Final Plat.  This notice will provide information to all lot owners of the conditions of approval and special costs or fees associated with the approval of this project.  The notice shall include, but is not limited to; the issues related to rural development, the need for engineered footings and foundations, the need for passive radon mitigation, required sprinklers for the new dwelling unit, and the issues raised in the review and or related to compliance with the Larimer County Land Use Code.

3.   The following fees shall be collected at building permit for new single family dwellings: Poudre R-1 school fees in lieu of dedication, Larimer County fees for County and Regional Transportation, and the Larimer County Park Fee in lieu of dedication.  The fee amount that is current at the time of the building permit application shall apply. 

4.   Passive radon mitigation measures shall be included in the construction of all new residential structures in this development. Radon detection tests are required in all new residential structures on this site. The results of these tests shall be submitted to the Planning Department once the structure is enclosed but prior to issuance of a Certificate of Occupancy. As an alternative, a builder may present a prepaid receipt for a radon tester that specifies that a test will be done within 30 days. A permanent Certificate of Occupancy can be issued when the prepaid receipt is submitted.

5.   Prior to recordation of the Final Plat, the 100-foot wetland buffer from the Windsor Reservoir and Canal #8 must be shown on the Final Plat.  

6.   At the time of the building permit, an access permit for the new residence on Lot 1 shall be obtained from the Colorado Department of Transportation.

7.   Prior to recordation of the Final Plat, the applicant shall submit a letter indicating if the existing well permit no. 212772-A will be used to supply water to the proposed lots in this subdivision.

8.   During the Final Plat review process for this development and prior to recordation of the Preliminary Plat, the applicant shall resolve the technical issues found in the following referral letters:  Larimer County Engineering Department by Matt Johnson (dated May 8, 2006) Items 1, 3 and 5 in Transportation/Access Issues and Item 1 in Drainage/Erosion Control Issues.

 

Commissioner Rennels addressed Mr. Clark and thanked him for his concerns regarding the subdivision.  She stated that creating two lots was preferable to the County, and the Planning Staff is always cognizant of what is best for the land and surrounding areas.  Chair Gibson also stated that this approval follows the standard County process. 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Chateau Du Vallon Subdivision - #06-S2562 as presented by staff and outlined above.

Motion carried 2-0.

 

5.  BUILDING 287 SIGN APPEAL – #06-G0115:  This is a request for an appeal of Section 10.14.B of the Larimer County Land Use Code to exceed the height and size requirements for a proposed freestanding sign.  The proposed sign is 17 feet tall and 90 square feet in size.  At the proposed location, the sign standards are 7 feet tall and 45 square feet in sign face area. The Larimer County Development Services Team recommends that the Board of County Commissioners deny the Building 287 Sign Appeal.

Mr. Lafferty addressed the Board and explained that the current sign located at 6712 S. College Avenue, did not meet the standards set by the Larimer County Land Use Code. At the Planning Commission meeting held on June 21, 2006, a denial of the appeal was voted on and passed 4-3.  He stated that based on the location of the monument sign, which is 0 feet from the property line, the maximum height would have to be 7 feet above grade.  The current sign far exceeds the height requirement at this location.  Part of the discrepancy has to do with a recent Right of Way Dedication which gave 24 feet along the property line to the Colorado Department of Transportation for future expansion of Highway 287.

John Barnett, representative for the applicants Scott and Shawn Carpentier, addressed the Board.  He gave a brief history of the Right of Way Dedication, and provided a presentation that explained the reasoning behind the Building 287 Sign Appeal.  Mr. Barnett’s primary concerns for the sign location included shallow lot depth, utility conflicts, and a steep irrigation ditch.  All of which limit the possible locations for the monument sign.

John Shaw, of DaVinci Sign Systems, agreed that the sight is exceptionally difficult, and if the legal setback for the sign is met, it would be located behind the building, making it ineffective.  He mentioned that other signs in the area are also located at a 0 foot setback, and the location of their monument sign would not have an unfair advantage over other business advertising.

Max Mackey, owner of Motohaus Coffee, stated that as a small business owner, the size and location of the sign was very important.  He provided photographs of other business in the area that had signs located close to the property line and Highway 287.  Several other business owners at the Building 287 site agreed with the previous responses. Discussion ensued among the Commissioners at this time. 

 

Chair Gibson asked Mr. Carpentier if he would be willing to move the sign at his own expense if the Highway 287 expansion project was necessary.  Mr. Carpentier said that he would move the sign at his own expense if necessary.  Chair Gibson stated that the sign appears to fit the intent of the site, but cautioned the applicant that the square footage of the sign could not be increased in the future.  Commissioner Rennels added that she doesn’t like to go against the ruling of the Planning Commission, but since the vote was not unanimous, and the cost of relocating the sign would be significant, she agreed to the appeal.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Building 287 Sign Appeal - #06-G0115.

Motion carried 2-0.

 

The hearing adjourned at 4:25 p.m.

 

TUESDAY, JULY 18, 2006

 

ADMINISTRATIVE MATTERS

(#85 & #86)

 

The Board of County Commissioners met at 9:30 a.m. with County Manager Frank Lancaster.  Chair Gibson presided and Commissioners Rennels and Wagner were present.  Also present were: Neil Gluckman, Assistant County Manager; Donna Hart, Commissioners Office; Ginny Riley, and Tim Walsh, Human Services; Jay Hardy, Fairground and Event Center Director; Rick Hontz, General Manager of the Budweiser Event Center, Danny DeGrande, potential owner and president of the Northern Colorado indoor football team; Dakota Crow, Executive Director of the United Indoor Football League; David Ayraud, Assistant County Attorney; Kristen Romary, Deputy Clerk.

 

1.  PUBLIC COMMENT:  There was no public comment today.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 10, 2006:

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the minutes for the week of July 10, 2006.

Motion carried 3-0.

 

3.  REVIEW OF THE SCHEDULE FOR THE WEEK OF JULY 24, 2006Ms. Hart reviewed the upcoming schedule with the Board.

 

4.  CONSENT AGENDA:

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for July 18, 2006:

 

PETITIONS FOR ABATEMENT:  As recommended by the Assessor, the following Petition for Abatement was approved: EAT-0507, LLC; and the following Petitions for Abatement were denied: TPI Petroleum Inc (4 parcels); TPI Petroleum Inc., Lessee; Diamond Shamrock Refining & Marketing Co. (2 parcels); Diamond Shamrock Refining & Marketing Co., Lessee (3 parcels); Diamond Shamrock Stations Inc. (2 parcels). 

 

07182006A001           WARRANTY MEMORANDUM FOR CALABRESE CONSERVATION DEVELOPMENT 04-S2267 BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, RICARDO AND SUE EBAT, AND CALABRESE HOMEOWNERS ASSOCIATION

 

07182006A002           SEMINOLE ENERGY SERVICES NATURAL GAS SALES AGREEMENT

07182006A003           WARRANTY MEMORANDUM FOR PRAIRIE VIEW ESTATES CONSERVATION DEVELOPMENT 00-S1694 BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, THREE T. INVESTMENTS, LLLP AND FRONT RANGE FEEDLOTS, LLC AND PRAIRIE VIEW ESTATES HOMEOWNERS ASSOCIATION

07182006A004           DEVELOPMENT AGREEMENT FOR GLENN RIDGE ESTATES SUBDIVISION AND GLENN RIDGE ESTATES SUBDIVISION SECOND FILING BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND GLENN RIDGE ESTATES, LLC AND THE GLENN RIDGE ESTATES COMMUNITY ASSOCIATION

07182006A005           DEVELOPMENT AGREEMENT FOR DAELIN PLANNED LAND DIVISION AND PLANNED DEVELOPMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY; DAVID M. AND LINDA K. POORTINGA

07182006A006           AGREEMENT BY AND BETWEEN THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF TRANSPORTATION, DIVISION OF TRANSPORTATION DEVELOPMENT AND LARIMER COUNTY

07182006A007           INTERGOVERNMENTAL AGREEMENT REGARDING SETTLEMENT OF LITIGATION AND URBAN RENEWAL AND TAX INCREMENT ISSUES BY AND AMONG LARIMER COUNTY, THE TOWN OF TIMNATH; AND THE TIMNATH DEVELOPMENT AUTHORITY

07182006A008           LICENSE AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, THE COLORADO ICE LLC, AND GLOBAL SPECTRUM, L.P.

07182006D001           DEED OF DEDICATION BY STANLEY T. MATSUNAKA AND KATHLEEN S. MATSUNAKA FOR SAID PROPERTY AS A PUBLIC HIGHWAY

07182006D002           DEED OF DEDICATION BY VINCENT F. BARNHART AND IRENE JOY BARNHART FOR SAID PROPERTY AS A PUBLIC HIGHWAY

07182006R001           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR DAELIN PLANNED LAND DIVISION

07182006R002           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR GLENN RIDGE ESTATES SUBDIVISION 2ND FILING (04-S2328)

07182006R003           RESOLUTION PROVIDING FOR THE APPOINTMENT FOR INDEPENDENT REFEREES TO CONDUCT HEARINGS ON BEHALF OF THE LARIMER COUNTY BOARD OF EQUALIZATION

07182006R004           RESOLUTION AUTHORIZING THE BOARD CHAIRMAN TO ENTER INTO AN AGREEMENT WITH THE STATE DEPARTMENT OF TRANSPORTATION, DIVISION OF TRANSPORTATION DEVELOPMENT, FOR THE PROVISION OF PUBLIC TRANSPORTATION SERVICES IN NONURBANIZED AREAS (EXHIBIT H)

 

MISCELLANEOUS:  Signature Authorization Letter for Authority for Financial Reporting/Cash Requests Associated with Workforce Center Employment and Training Programs; Larimer County Parks Master Plan Task Force Bylaws; Larimer County Treasurer’s Six Month Report; Program Year 2006 Workforce Development Plan; Glenn Ridge Estates Second Filing Final Plat; Daelin Planned Land Division Final Plat.

 

LIQUOR LICENSES:  The following license was approved and issued: Best Western Crossroads Inn – Transfer of Ownership with Temporary Permit – Loveland.  The following licenses were approved: Big Thompson Canyon Volunteer Fire Department – Special Event 6% - Drake; Northern Colorado Sports Commission (CSU) – Special Event 6% - Fort Collins.  The following license was issued: Fort Fun – Tavern – Fort Collins.

Motion carried 3-0.

 

5.  VEHICLE DONATION REQUEST FROM JACKSON COUNTYMr. Lancaster explained that Jackson County is in need of rural vehicles.  He stated that the neighboring county does not have the resources to purchase vehicles for the Jackson County Sheriff’s Office, and would like for any “miled out” four wheel drive vehicles to be donated to their office.  Mr. Lancaster said that there were no vehicles to donate at this time, but wanted to have the option to give one to Jackson County when there was one available, rather than selling the vehicle at auction, which would not provide much revenue to Larimer County,.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the donation of a “miled out” four wheel drive vehicle to the Jackson County Sheriff’s Office.

Motion carried 3-0.

 

6.  COLORADO COUNTIES, INC. (CCI) LEGISLATIVE COMMITTEE DESIGNEE:  Mr. Gluckman addressed the board and explained that the CCI Legislative Committee was formed to develop proposed policy statements and adopt priorities for CCI’s legislative agenda.  Each county is required to designate one legislative committee member, which was the purpose of the agenda item today.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the designation of Commissioner Glenn Gibson as liaison to the CCI Legislative Committee.

Motion carried 3-0.

 

7.  COUNTY TECHNICAL COMMUNICATION FEE WAIVER:  Mr. Helmick explained that the Larimer County Technical Communications Department proposes to construct a public safety telecommunications facility.  The one-acre site currently houses a Qwest communications tower.  The Technical Communications Department has submitted a “Location and Extent” application for review by the Planning Commission.  The department has requested a waiver of the $800.00 application fee.  Since the fee would be paid for by ITD (Information Technology Division), a department within Larimer County, there is no monetary benefit to the County. 

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the request by the Technical Communications Department for a waiver of $800.00 for the “Location and Extent” fee. 

Motion carried 3-0.

 

8.  PROGRESS REPORT ON PILOT OF QUALITY ASSURANCE POSITION FOR HANDLING COMPLAINTS:  Ginny Riley addressed the Board and explained that beginning in the fall of 2005, the Department of Human Services started a pilot project to develop and implement a position to assist clients and the public when they have complaints about the services of the Children, Youth and Families Division of the department.  Tim Walsh was hired as the Quality Services Coordinator to develop the project and implement the new processes.  The project has been operational since January 1, 2006, and Mr. Walsh provided a progress report on the work he’s been doing since that time.  He presented the Informal Complaint Resolution Process and Child Welfare Grievance Resolution Process, Purposes and Goals of the Informal Complaint Process, Operating Principles and Values, a breakdown of the types of complaints filed along with resolution statistics, and a draft copy of a brochure with information on how to file a formal complaint. At this time, the Commissioners made individual comments regarding this new position and process and commended Mr. Walsh, and Ms. Riley on their hard work and dedication to becoming more accessible to those who seek their services.

 

9.  INTERGOVERNMENTAL AGREEMENT REGARDING SETTLEMENT OF LITIGATION AND URBAN RENEWAL AND TAX INCREMENT ISSUES:  Mr. Lancaster explained that Larimer County and the town of Timnath have negotiated an agreement outlined in the proposed IGA (Intergovernmental Agreement).  

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Intergovernmental Agreement Regarding Settlement of Litigation and Urban Renewal and Tax Increment Issues.

Motion carried 3-0.

 

10.  INDOOR FOOTBALL LEASE FOR BUDWEISER EVENT CENTERMr. Hardy addressed the Board and explained that The Ranch and Budweiser Event Center has negotiated a lease agreement for the Board’s consideration regarding an indoor football team.  This agreement is for a 5-year lease of the Budweiser Event Center where the Northern Colorado football team would participate in the United Indoor Football League and play 8 to 10 home games per season.  Mr. Hardy feels as though the market in this area will support such a team, and is excited to bring more options and revenue to the area.  Mr. Hontz stated that the addition of an indoor football team would fill a void between the end of the hockey season and summer concerts and events.  It also provides revenue for the event center for an additional 8-10 games per year.  Mr. Crow also addressed the Board and explained the business model of the United Indoor Football League, and discussed ticket pricing.  Mr. DeGrande emphasized that all of the business partners were Colorado residents and they were excited to provide extra entertainment and revenue to Northern Colorado.

Chair Gibson and Commissioner Rennels said that they were excited about the new team, and thought it would fill a nice spot in the area.  They thanked the applicants and were eager to see the Budweiser Event Center utilized even more. 

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the Indoor Football Lease Agreement for the Budweiser Event Center.

Motion carried 3-0.

 

11.  WORKSESSION:  There were no worksession items to discuss today.

 

12. COMMISSIONER REPORTS:  Commissioner Rennels asked that the Board approve the use of $4,000.00 from the Special Projects Fund to pay for a two-day Methamphetamine Summit which would address the problems of addiction within the County and allow for various County agencies that deal with this problem to understand each organizations role.  Discussion ensued among the Commissioners and Mr. Gluckman regarding this issue.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the allocation of $4,000.00 from the Special Projects Fund for a two-day Methamphetamine Summit.

Motion carried 3-0.

 

13. LEGAL MATTERS: Mr. Ayraud addressed the Board and discussed a situation regarding a personnel matter that ended up being reviewed by a Grievance Panel.  From the Panel, a recommendation was made, and it is now up to the Commissioners to approve or deny their decision. 

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the recommendation of the Grievance Panel.

Motion carried 3-0.

The meeting adjourned at 11:20 a.m.

 __________________________________________

                        GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

 

ATTEST:

 

___________________________________

Kristen Romary, Deputy Clerk   

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