Agenda 03/11/2008 Item #10D
Agenda Item No. 100
March 11, 2008
Page 1 of 15
EXECUTIVE SUMMARY
Obtain direction from the Board of County Commissioners on waiving tbe requirements of
Ordinance 2007-84 and on authorizing the Chairman to sign a commitment letter for MDG
Capital Corporation (Developer) for deferral of 100% of Collier County impact fees for 147
Community Workforce Housing Innovative Pilot (CWHIP) program, owner-occupied affordable
housing units located at The Lord's Way, Y, mile east of the intersection of Collier Boulevard and
the Lord's Way, Fountain Lakes Residential Cooperative, Naples.
OBJECTIVE: That the Board of County Commissioners (Board) provide direction on waiving the
requirements of Ordinance 2007-84 and authorizing the Chairman to sign the attached commitment
letter for MDG Capital Corporation for deferral of 100% of Collier County impact fees for 147 owner-
occupied affordable housing units.
CONSIDERATIONS: Article IV of Chapter 74 of the Code of Laws and Ordinances established a
program to defer impact fees for qualified affordable housing. Pursuant to this program, an application
for deferment was submitted by MDG Capital Corporation. However, Ordinance 2007-84 states any
CWHIP project requesting an impact fee deferral must, among other requirements, "be approved and
awarded CWHIP funds by the State of Florida". MDG Capital Corporation has submitted an
application for CWHIP funding but has not been awarded those funds at this time. Final funding
decisions will be made by the Florida Housing Finance COlporation in July 2008.
Ordinance 2007-84 also imposes a limit of 225 rental/CWHIP units per fiscal year. For fiscal year 08,
the Board has authorized deferral of a total of 96 rental dwelling units. If the Board directs staff to
reserve 147 units for MDG Capital Corporation, we will exceed the limit by 18 dwelling units.
Additionally, said reservation will eliminate the ability to defer any additional rentallCWHIP units for
fiscal year 08.
MDG Capital Corporation will sell the units to persons whose legal status will be verified,
documented and kept on file at the office of Housing and Human Services. If the developer fails to
comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is
not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the
County, including all applicable interest and penalties. The property is located in the Fountain Lakes
Residential Cooperative in Naples.
The ordinance requires that a lien agreement be entered into with the Developer as a condition of
deferral of the impact fees. Section 74-401(3) of the Code authorizes the County Manager to sign
deferral agreements with Developers qualifying for impact fee deferrals for affordable housing, which
has long been the practice. The ordinance, however, gives the County Manager discretion in whether
to enter into the Agreement. Accordingly, in keeping with recent discussion and direction by the
Board, the County Attorney's Office has determined that until directcd otherwise by the Board, these
agreements be placed on the Consent Agenda for the Board's review, approval and Chairman's
signature. An agreement would be executed after CWHIP funds are awarded.
Agenda Item NO.1 00
March 11, 2008
Page 2 of 15
FISCAL IMPACT: This commitment will defer 100% of Collier County impact fees for 147 owner-
occupied units. Actual dollar amount deferred will be determined at the time of building permit
application. Although it is expected that the County will ultimately collect these deferred fees (at
maturity of the 10 year term), there is no guarantee as to if, or when, this would occur.
GROWTH MANAGEMENT IMP ACT: If the Board authorizes the deferral of the request impact
fees it may adversely affect capital project funding.
LEGAL CONSIDERATIONS: The County Attorney's Office has no objection to the Board
approving the Chairman to execute the requestcd letter - JAK
STAFF RECOMMENDATION: Obtain direction from the Board of County Commissioners on
waiving the requirements of Ordinancc 2007-84 and on authorizing the Chairman to sign a
commitment letter for MDG Capital Corporation (Developer) for deferral of 100% of Collier County
impact fees for 147 Community Workforce Housing Innovative Pilot (CWHIP) program, owner-
occupied affordable housing units located at The Lord's Way, Y, mile cast of the intersection of Collier
Boulevard and the Lord's Way, Fountain Lakes Rcsidential Cooperative, Naplcs.
PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services
Agenda Item No. 100
March 11, 2008
Page 3 of 15
March 11, 2008
Nichole Gibson
Contracts Administrator
Florida Housing Finance Corporation
277 N. Bronough Street Ste. 5000
Tallahassee FL 32301-1329
RE: Fountain Lakes CWHIP Community - Impact Fee Deferral Program
Dear Ms. Gibson:
Pursuant to Collier County Ordinance #2007-84, Community Workforce Housing Innovative
Pilot (CWHIP) projects are eligible to receive impact fee deferrals. On March 11,2008, the
Collier County Board of County Commissioners approved the reservation of 147 impact fee
deferrals for the Fountain Lakes CWHIP project. The impact fee deferral program defers all
eligible impact fees (excluding water, sewer and fire impact fees) with an Agreement in an
amount currently estimated to be $15,364.76 per unit. The final impact fee amount per unit will
be determined at the time of building permit application. All deferrals are at zero percent interest
for a period of 10 years commencing at the issuance of the respective building permits.
This program approval on March 11, 2008, is the final Board of County Commissioners approval
necessary to reserve the impact fee deferrals for this project.
Sincerely,
Date:
COLLIER COUNTY BOARD OF COMMISSIONERS
Chairman Tom Henning
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
Chief Assistant County Attorney
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. fla 'ED ~ ORDINANCE NO. 2007 _ 84
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<'''.$',. d'<~ N ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING
~Zt-~ CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND
ORDINANCES, WHICH IS THE COLLIER COUNTY
CONSOLIDATED IMPACT FEE ORDINANCE, BY ESTABLISHING
AN IMPACT FEE. DEFERRAL PROGRAM FOR APPROVED
PARTICIPANTS IN TRE COMMUNITY WORKFORCE HOUSING
INNOVATION PILOT PROGRAM ("CWHIP") SET FORTH IN
SECTION 420.5095 OF THE FLORIDA STATUTES; PROVIDING
FOR INCLUSION IN TIlE CODE OF LAWS AND ORDINANCES;
PROVIDING FOR CONFLICT AND SEVERABILITY; AND-'.
PROVIDING FOR AN EFFECTIVE DATE. !='_
~
Agenda Item NO.1 00
March 11, 2008
Page 4 of 15
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WHEREAS, on March 13,2001, the Board adopted Ordinance No. 2oo1-\:~:the-
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"Collier County Consolidated Impact Fee Ordinance.~' which is Chapter 74 of the arllicr ;_~._
County Code of Laws and Ordinances, which repealed and superseded, in their~, :~.
all afthe County's previous impact fee regulations; and --:,. r.'
WHEREAS, the Board desires to promote and fostor the availability ~f
affordable housing for essential services personnel; and
WHEREAS, as set forth in Section 420.5095. Florida Statutes, the Florida
Ltgislature has created the Community Workforce Housing Innovation Pilot Program
(CWHIP) to provide community workforce housing for essential services personnel
aJTected by the high cost of housing; and
'WHEREAS, Collier County is committed to promoting tho development and
ongoing viability ofCWHIP projects; and
WHEREAS, a program to offer impact fee deferraIs to projects that are awarded
CWHIP funding by the State of Florida will contribute significantly to fuo success of
such projects and therefore the construction of additional, new affordable housing for
essential services personnel.
NOW, THEREFORE, BE IT ORDAINED BY TRE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
SECTION ONE. Article IV, Affordable Housing Impact Fee Deferral, Section 74-401,
Impact Fee Deferral, of the Collier County Code of Laws and Ordinances is hereby
amended to read as follows:
Section 74-401. Impact fee deferral.
(a) App/icabilqy
...
(4) Unless scecificallv'Orovided to the contrarv bv majority action of tho Board. such as
bv an AiUeement or condition of devclonment water and sewer impact fees are fullv
exemnt from all rental and CWHIP inmact fee deferral MOerams.
"'*li<
Page 1 of5
Underlined textls added;_stFlJ6"I: Itclf&HJSR text is deleted.
Agenda Item No. 100
March 11, 2008
Page 5 of 15
(c) Qualifying rental and Communitv Workforce Housinp Innovation Pilot Provram
rCWl-JIP) dwellings
ill To qualify for an impact fee deferral. a dwelling unit offered for rent must meet all of
the following criteria:
fB!!l The household renting the dwelling unit. including any multi~family
dwelling unit. must have a very low or low income level, at the commencement of
the leasehold and during the duration thereof; as those terms are defined in section
74-402.
~.au The dwelling unit must be and must remain the household's permanent
residence. The head of-the household must be at least i8 years or age and must be
either a citizen of the United States or be a legal alien who permanently resides in
thi; United States.
~ W In no instance shan rental limit$: exceed the renta11imits established by
the Florida Housing Finance Corporation for rents adj usted to bedroom size in
projects assisted tmdcr the. Florida Housing Finance Corporation or any other
local. state, or federal agency. based on unit size,
(2) To Qualifv for an imoact fee deferral. a CWHIP dwelline must meet all of the
fol1owimr criteria:
(a) The residential develonment must meet all reauirements Dursuant to Section
420.5095. Florida Statutes (The "Conummitv Workforce HousinlZ Innovation
Pilot Pro2I'3lTl.''). as amended~ be desilmated bv the Board of County
Commissioners as a CWHIP nroiect for Collier County: and be aonroved and
awarded CWHIP funds bv the State of Florida.
(b) For owner-occupied CWHIP dwellinl!s. the ownerfs) of the dwellinl! unit
must be at least eilzhteen (18) vears of R2e and must be either citizen(s) of,the
United States or be a lelZa! alien who oennanentlv resides in the United States.
Proof of United States Citizenshin or oermanent leea1 residency must be
established to the County's sole satisfaction. The dwelling unit must be eranted a
homestead tax exemDtion oursuant to Chanter 196. Florida Statutes.
(0) For rental CWHIP dwellinl!s. the dwellinlZ unit must be and must remain the
household's oennanent residence. The head of the household must be at least
eilZhteen (18) vcars of Rl!e and must be either a citizen oithe United States or be a
timet alien who Dcnnanentlv ~sides in the United States.
...
(e) Repayment/or rental and Community Workforce Housin2/nnovation Pi/ot Prorrram
fCW/IIP. dwelling units.
Deferred impact fees for rental dwelling units, including any multi-family dwelling units,
single-family detached houses, modular homes (also known as residential manufactured
buildings) and mobile homes (also known as manufactured homes) as defined in section
74-108 of this chapter, and Community Workforce Housin~ Innovation Pi/ot Prof!Tam
{(,WHIP) dwellinv units. shall in all events be due and payable not later than sHt ten years .
BRei RiFle mBRtfla after the execution of the impact fee deferral agreement by the county...
Page 2 of5
Underilned text is added; stf1:J:1;. t~I';1;I8R text Is deleted.
Agenda Item NO.1 00
March 11, 2008
Page 6 of 15
unless otherwise extended bv the Board of County Commissioners. Such fees shall be
accelerated and automatically be due and payable prior to that time period if there is any
breach of the subject impact fee deferral agreement by the non-county party. For CWHIP
units the residential deveJonment must at all times continue to meet all reauirements t)f
Section 420.5095. Florida Statutes (The "Communitv Workforce Housinll Innovation
Pilot Pro2ram',. as amended. throul!bout the deferral Denoel failine which the lien shall
hecome immediately due and oavable and shall thereafter ecnerate interest at the
statutory iudmnent rate set forth in Section 55.03. Florida Statutes. as amended.
...
(g) Diferral agreements. The oWner receiving an impact fee deferral shall enter into a
deferral agreement of impact fee agreement with the county. A separate deferral
agreement shall be executed for eacb qualifying owncr-occupied dwelling or qualifying
rental dwelling. While applicants are required to enter into a deferral agreement in order.
to receive a deferral of impact fees, nothing in this: section requires the county to enter
into a deferral agreements. The deferral agreement shall provide for, at a minimum. the
following and shall further include such provisions deemed necessary by tho board to
efTectuate the provisions of this article;
(1) The legal description of the dwelHng unit.
(.?:) Where an impact fee deferral is given to an owner who will be selJing or renting the
Jwelling unit to a subsequent purchaser or renter, the development must be sold or rented
[Q households meeting the criteria set forth in this article in order to maintain the deferral.
(3) For each such owner-occupied dwelling unit, the amount of impact fees deferred
shall be paid to the county in full upon sale. For rental units. including any multi-family
dwelling unit, the impact fees deferred shall in all events be due and payable no later than
~ ten years BRa amI! RleBlB.a after the execution by the county 6fthe impact fee deferral
agreement. Such fees shall be accelerated and thereby be automatically due and payable
prior to that time period ifthere is any breach in the subject impact fee deferral agreement
by the non-county party.
...
tll) ('''''ling on deferrals.
t I) The aggregate amount of impact fee deferrals granted pursuant to subsection (b) of
Ihis section shall be limited, in tOl:3.1, to an amount not exceeding three percent of the
previous years' total impact fce collections.
(2) Deferrals shaII be available on a first-como. first-served basis. If the requests for
deferrals exceed the number of deferrals available, the county manager may allocate
deferrals based on the extent to which the deferrals implement the comprehensive plan. or
oth~r criteria based on policies and procedures that may be adopted by the board of
county commissioners.
(3) The county manager shall maintain a tracking system to ensure that the aggregate
amount of impact fee deferrals do Dot exceed the deferral ceilings established in this
subsection.
Page 3 of5
Underlined text is added; et- 'Ok tRtll"btgR lexlls deleted.
Agenda Item No. 100
March 11, 2008
Page 7 of 15
/41 The Sl!2rellate amount ofimDact fee deferrals Er1U1tcd OUlSuant to subsection (c) of
this section shall be limited. in total. to 225 units ner fiscal veal' witb no rollover of
fundine..
...
(k) Apartment complexe3/mu/ti-family dwelling units. Notwithstanding any provisions
elsewhere in this ehaptor to the contrary, any owner that develops an affordable housing
rental apartment complex consisting in wbole or part of multi-family dwelling units
serving very low and/or low income levels and meeting all requirements, and subject to
all conditions; of this article shall he entitled to defer 100 percent of the impact fees
applicable only to such rental multi-family dwelling units serving very low and/or low
income levels if: (i) all such deferred impact Fees are paid on or before the end of ~ ten
years aRe FHAe meetfl8 from the date such impact fces are deferred; and (ii) the. rental
apartment development shall remain affordable housing qualified (under this article) for a
minimum of IS years.
(J) Single:family, detached residences and duplexes. Impact fee deferrals for only single
family, detached residences, or duplexes. as owner occupied dwelling units, wHl
automatically be subordinate to the owner's first mortgage and/or any government funded
alTordable housing loan such as SAIL or HOME loan. Impact fee deferrals may also be
similarly subordinated in the case of rental dwelling units, including any multi-family
dwelling units, but only if the owner provides additional security satisfactory to the
county such as additional or substitute collateral in the form of cash or cash equivalent
financial instruments which will yield the full amount of the deferred impact fees when
they may become due and payable. This orovision reauirin2 additional security is not
IlDolicable to Community Workforce Housinrl Innovation Pilot Pro~am (eWH!p,
,w()iL'{'f~.
...
. SECTION TWO. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County
or any other applicable law, the more restrictive shall apply. If any phrase or portion of
this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction,
sllch portion. shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portions.
SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be re.
numbered or re-Iettered to accomplish such. and the word "ordinance" may be changed to
"section:' "article:' or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Secretary of State.
Page4of5
Underlined text Is added; stl'Wsk tRra~!J~ text is deleted.
Agenda Item NO.1 00
March 11. 2008
Page 8 of 15
PASSED AND DULY ADOPTED by the Board of County Commissioners of
ColJierCounty, Florida thi'~dayof tH ct.W\ be. .2007.
DA;E;~(Wlkr~ ?m7
......,::.;(l:f1.
ATTIlST, .".....~ ,,\.
DWtGlfT,~,B~ Clerk
~
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By:. .... ' .
Dtp"~17;~ ..'
BOARD OF COUNTY COMMISSIONERS
B:FCO~;;(~
JAMES COLETTA, Chairman
Ap
und
orm
cy
tzkow
t County Attorney
Page 5 of5
Underlmed text Is added, SVulll; t!:I1:{lI.IBR text Is deleted.
This ordinance filcd with the
Secretary of State's Office the
L7"'doyof~,~
and acknO"lfledgement of thot
filing recel"ed~.s ~ day
Of~
Y OooputyCJ.t40
Agenda Item NO.1 00
March 11, 2008
Page 9 of 15
COLLIER COUNTY
IMPACT FEE DEFERRAL ASSISTANCE PROGRAM
CWHIP DEVELOPER-APPLICATION FORM
This applicatiOn is designed to be completed by the Developer of proposed CWHIP affordable housing units in Collier
County. Developers must complete this form Drior to Issuance or a building permit Completed applications should be
b'd lh H dH S De 330 ET
su mltte to e OUSlng an uman ervices partmenl at 1 amiami Trail, Naples, FL 34112,
DATE:
]Z,,:;');',m':":Zf'C::-;f';"'$'~i'::-':t;,':3';"X~;e:I;PROPERTYiINF.ORMATlON:W~..<i.fDl.~,.f:.:.t):,~,'~. .;.,,-,';J,'fJ:tit..,,,..
Unit Type: 00 CWHIP Workforce Housing Number of Buildings: seven
"!'reject Specific" Number of Units per BUilding: twenty-one
~:;:,?,,>~~.$.~'::.;;'1(~:~ ;'; "",", ,;'. ,'" ,c~i,';:!~ill:DEVELOPERINFORMATlON ~'.;:c~~r'.f~",i ".' . :)"~."" ~;
Oeveloper Contact Person
MIX; Capital Corporation William L. Klohn
Phone Number Fax Number
239-594-8700 Ext; 308 239-596-4399
Address~et, city, statedz~f 309, Naples 34110
2180 kalee Rea e FL
:"",:t!"':,,'1':i'..'<iiil'~III. APPLICANTINFORMATIOI'V:"J",.1i: :;1'"'' c",,: ,,,,,,;.,,,-~~~;;;,\,,,,'.
~plicint . b~,,~' d . I Co-Applicant
:Qun a~~r h.y;;e 13ii~;-~fP~Aa
AdQress (street, city, state, zip)
2180 Imnoka lee Rd. Ste. 309, Naples FL 34110
The maximunHfteome !evel of the4wner. or if ~~ OWAe: 1s a developer, the income Jevel of the
household to which the dwelling unit will be sold or provided for occupancy:
050% AMI 0 80% AMI 0 120% AMI IKl 140% AMI
";:',.[3.;,. '~:,':.~,":..':;.- :<<1(;~:.',,;27dV. PROPERTY;lNFORMATION ,:?r,ii-~'::'~l~<'<M' ";.;:>~-. .,,'Ie).,'.;.'.','...
le~al Description (attached complete descrttlon and site plan) of Collier Boulevard
T e Lord sWay, 1/2 mile east 0 the intersection
and The Lord's Way, Naples FL 34114
Living Area Square Footage (per unit) Number of Bedrooms (per unit)
1,268 averag~ 2 bedroans - 105
1,430 3 bedroans - 42
. . : ',1':;!;t '~f'j:';_' ...<-":. : :,-':<..j. , '" V.ADiJi IIOriAi..,..roRiYiA TiON ;,E.,,'::<:)!.h,.,: .. <,
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Permit Number Anticipated Certificate of Occupancy Oale
TED Approximately April, 2009
Purchase Price (per unit) land Included In Price
212,000 ave. (before incentives) GlYes o No - PrlceNalue of land:
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Eligibility will be determined by Collier County upon receipt of a completed application. All owner's
legal sta us will be verified and income eligibility certJfied by Collier County Housing and Human Services staff. Final
app ~al is subject 10 the availability of program funds and acceptance by the Board of County Commissioners.
0 iHlSilnilture Oat2JtJ1 /(JIl.
' lJiJt ".rt?
PI nt N~ e Title
Wilham L. Klohn President
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Date Received Z/o1/or: Received B1=f-t\ll K ~{ L).A
,........v.
IFD Amount FY
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MDG CAPITAL CORPORATION
Agenda Item NO.1 00
March 11, 2008
Page 14 of 15
2180 Immokalee Road Suite 309, Naples, FL 34110 (239)594-8700 (239)596-4399 Fax
February 7, 2008
Buddy Ramsey
Collier County Housing & Human Services
3301 E. Tamiami Trail
Building H, Suite 211
Naples, FL 34112
RE: Fountain Lakes Residential Cooperative Corporation -
"Project Specific" Impact Fee Deferral Program
Dear Buddy:
Thank you for providing the CWHIP Impact Fee Deferral application form to me.
Attached is the completed and fully executed application, As you may recall, the Board of
County Commissioners (BCC) approved a "project specific" Impact Fee Deferral program for
this project provided that CWHIP funding is awarded for the project In that the CWHIP award
results will not be known for some months, it is acceptable that the BCC approve this deferral
program contingent upon a successful CWHIP award.
I am seeking this conditional BCC approval prior to the end of the CWHIP cure period (which is
March 12,2008) to create absolute certainty in the minds of the Florida Housing Finance
Corporation CWHIP scorers to eliminate any challenge of the availability of impact fee deferrals,
Based upon my review of the BCC meeting dates, February 26 would be the next available BCC
mecting date for consideration of the impact fee deferral program to be heard. Please call me to
confirm the completeness of the application and the requcsted BCC meeting date.
Sincerely,
vi
William , Klohn
President
WLK:dl
Copy: Leo Ochs
t
Page 1 of I
Agenda Item NO.1 00
March 11, 2008
Page 15 of 15
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
10D
Meeting Date:
Obtain direction from the Board of County Commissioners on waiving the requirements of
Ordinance 2007-84 and on authorizing the Chairman to sign, a commitment letter for MDG
Capital Corporation (Developer) for deferral of 100% of Collier County impact fees for 147
Community Workforce Housing Innovative Pilot (CWH!P) program, owner-occupied
affordable housing units located at The Lords Way, mile east of the intersection of Collier
Boulevard and the Lords Way, Fountain Lakes Residential Cooperative, Naples. (Frank
Ramsey, SHIP Program Coordinator) (Companion to Item 68)
3/11/2008 9 0000 AM
Prepared By
Frank Ramsey
SHIP Program Coordinator
Date
Public Services
Housing and Human Services
2/27/20089:05:46 AM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
2/27/200811 :23 AM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
2/27/20082:52 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
2/27/20085:23 PM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
2/28/20088:14 AM
Approved By
Amy Patterson
Community Development &
Environmental Services
Impact Fee Manager
Date
Financial Admin. & Housing
2/28/2008 2:44 PM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
3/3/200812:00 PM
Apprnved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3/5/20089:38 AM
file://C:\AgendaTest\Export\1 02-March%20 I 1,%202008\ 1 0.%20COUNTY%20MANAGER... 3/5/2008