Agenda 01/14/2014 Item # 16F1 Proposed Agenda Changes
Board of County Commissioners Meeting
January 14,2014
Move Item 16D14 to Item 11E: Recommendation to adopt a Resolution amending
Resolution No. 2013-227,the Collier County Domestic Animal Services Fee Policy,to provide
for the limited waiver of fees where necessary and no alternative exists. (Commissioner
Henning's request)
Move Item 16D15 to Item 11F: Recommendation to direct the County Attorney to
advertise an amendment to Section 5.04.05.D of the Land Development Code,which
currently provides that,after public hearing,the County Manager may issue a 16-week,
temporary use permit for the keeping of up to two hogs on Estates zoned property of 1.25
acres or greater,in preparation for showing and sale at the annual County Fair and/or the
annual Immokalee Livestock Show,which amendment would convert this process from a
public hearing to a permit issued by the County Manager,and to further allow one hog per
each child enrolled in the 4-H Program,up to a maximum of two hogs per acre,and that the
Board stay the enforcement of the current Ordinance until the public hearing.
(Commissioner Henning's request)
Note:
Item 16F1: Paragraph 3 under the Considerations section of
the Executive Summary is amended to read as follows: During
the building permit process, a structure within the District
boundary will not be charged water and/or sewer impact fees unless
a connection is available made. (Commissioner Coyle's request)
Time Certain Items:
Item 11A to be heard at 10:00 a.m.
Item 13A to be heard at 1:00 p.m.
Item 9A to be heard at 1:30 p.m.
1/14/2014 16.F.1 .
EXECUTIVE SUMMARY
Recommendation to authorize advertising an Ordinance amending Chapter 74 of the Collier
County Code of Laws and Ordinances, the Collier County Consolidated Impact Fee Ordinance, to
incorporate provisions clarifying the imposition of Water and Sewer Impact Fees on geographic
areas within the Collier County Water-Sewer District, by eliminating the requirement to pay such
impact fees unless service is available.
OBJECTIVE: That the Board of County Commissioners (Board) authorize the advertisement of an
Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances (Code) to provide
that Water and Sewer Impact Fees will not be required to be assessed and paid unless service is
available.
CONSIDERATIONS: On November 18, 2008, under Agenda Item 6A, the Board directed the County
Manager to review the then existing Collier County Water-Sewer District (District) boundaries to
determine those geographic areas the District planned to provide with potable water and sewer services
within the next ten years. The Board's direction was to determine those areas that could be added to the
list of geographic areas identified in Section 74-303 (c) of the Code as expressly excluded from the
imposition of water and sewer impact fees until such time those Developments are within ten years of
being connected to the Regional Water and/or Sewer Systems as identified by the most current Public
Utilities Water and Wastewater Master Plan Updates and the AUIR.
Modifications to the geographic areas for the exclusion from the imposition of water and sewer impact
fees were approved by the Board in 2009, 2011, and 2012 (Ordinances 2009-64, 2011-10, and 2012-03).
The proposed change to the Code eliminates the need for any type of exclusionary status for most of the
District by requiring the assessment of water and/or sewer impact fees to properties that have an
immediate or imminent connection to the infrastructure. During the building permit process, a structure
within the District boundary will not be charged water and/or sewer impact fees unless a connection is
available. Future connections resulting from infrastructure expansions will be required to pay water
and/or sewer impact fees at the time of connection, under the current existing provisions.
The proposed change eliminates the probability that the District will collect utility impact fees that will
ultimately be refunded to a property owner as a result of an inability to connect to the District's
infrastructure.
The need to manage, monitor, and track refund notifications is no longer necessary in an environment in
which refundable utility impact fees are not collected as they relate to an anticipated future connection to
the District's infrastructure.
Upon Board approval and final adoption of an Ordinance implementing the proposed changes, staff is
also recommending that the Board authorize implementation of a refund notification process in advance
of the time table established by the Special Act in an effort to resolve all known potential refunds.
Under this process, the District will notify all qualified properties, from June of 2003 through the date of
adoption of the amended Ordinance, of their eligibility for a refund of paid utility impact fees and paid
Allowance for Funds Prudently Invested(AFPI) fees, if applicable.
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For budgeting and planning purposes, staff is proposing the following timetable of advance notification
indicating the fiscal year in which the phase will be implemented. This timetable may be extended or
reduced based on the direction of the Board:
1. Phase I (FY2014) — Notification of known properties from June FY2003through FY2005
2. Phase II (FY2015) — Notification of known properties from FY2006 through FY2007
3. Phase III(FY2016) — Notification of known properties from FY 2008 through FY2009
4. Phase IV(FY2017) — Notification of known properties from FY2010 through FY 2011
5. Phase V (FY2018) — Notification of known properties during FY2012 through FY2014
At the end of Phase V, it is anticipated that all known utility impact fee payments collected without the
ability to connect to the infrastructure will be resolved. Going forward, staff will only assess water
and/or sewer impact fees to properties that have an immediate or imminent connection to the
infrastructure.
FISCAL IMPACT: The proposed Ordinance will eliminate the requirement for the payment of water
and/or sewer impact fees for development for which a connection to utility infrastructure and service is
not available. Therefore, impact fees will strictly be assessed to development that will create demand on
the infrastructure.
With respect to potential refunds for properties that do not have the ability to connect to the
infrastructure, the fiscal impact is estimated to be $560,000 affecting Funds 411, 413, and 408, and is
currently proposed to be scheduled and budgeted to spread the costs of the refunds over a five year
period as indicated in the following table.
PROGRESS REPORT FOR SPECIAL ACT REFUND AUDIT
Fund 411 Fund 413 Fund 408 Fund 408
WATER SEWER TOTAL W&S **AFPI WATER **AFPI SEWER TOTAL AFPI
MONTH/YEAR REFUND REFUND REFUND REFUND REFUND REFUND
AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT
PHASE I*(FY2003 thru FY2005) $ 23,030.00 $ 30,916.00 $ 53,946.00` $ - $ - $ -
Implement in FY2014
PHASE 11*(FY2006thru FY2007)
Implement in FY2015 $ 26,426.00 $ 43,316.50 $ 69,74230 $ - $ - $ -
PHASE I11*(FY2008 thru FY2009)
Implement in FY2016 $ 43,552.08 $157,444.90 5200,996.98 $ 2,472.72 $ 12,408.76 $ 14,881.48
PHASE IV*(FY2010 thru FY2011)
Implement in FY2017 $ 55,055.00 $ 52,075.50 $107,130.50 $ 7,040.12 $ 6,974.32 $ 14,014.44
PHASE V*(FY2012 thru FY2014)
Implement in FY2018 $ 50,318.50 $ 36,708.00 $ 87,026.50 $ 2,348.13 $ 4,666.95 $ 7,015.08
*.=All Phases contain estimates based on preliminary reports;the numbers may change as detailed audits and customer notifications are completed.
"*=Allowance for Funds Prudently invested(AFPI)requirements sunset on December 31,2012.
Fund 411 Fund 413 Fund 408 Fund 408
TOTAL S 198,381.58 5 320,460.90 5 518,842.48 5 11,860.97 S 24,050.03 5 35,911.00
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GROWTH MANAGEMENT IMPACT: Impact Fees generate funds to be spent on capital
improvements to public facilities necessitated by growth. This is consistent with Objective 2 of the
Capital Improvement Element of the Collier County Growth Management Plan, which states "Future
development will bear a proportionate cost of facility improvements necessitated by growth." The
proposed Ordinance does not in any way waive water and sewer impact fees for any Development
connecting to the District's Regional Water and/or Regional Sewer System.
The proposed changes maintain the fairness and equity of the impact fee provisions while providing
programmatic improvements and overall benefit to the residents and businesses of Collier County.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires a majority
vote for Board approval. - SRT
RECOMMENDATION: Recommendation to authorize advertising an Ordinance amending Chapter
74 of the Collier County Code of Laws and Ordinances, the Collier County Consolidated Impact Fee
Ordinance, to incorporate provisions clarifying the imposition of Water and Sewer Impact Fees on
geographic areas within the Collier County Water-Sewer District, by eliminating the requirement to pay
such impact fees unless service is available.
PREPARED BY: Gilbert Moncivaiz, Impact Fee Coordinator, Office of Management and Budget
ATTACHMENTS: Proposed Ordinance
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.F.16.F.1.
Item Summary: Recommendation to authorize advertising an Ordinance amending
Chapter 74 of the Collier County Code of Laws and Ordinances, the Collier County Consolidated
Impact Fee Ordinance,to incorporate provisions clarifying the imposition of Water and Sewer
Impact Fees on geographic areas within the Collier County Water-Sewer District, by eliminating
the requirement to pay such impact fees unless service is available.
Meeting Date: 1/14/2014
Prepared By
Name: Gilbert Moncivaiz
Title: Impact Fee Coordinator,Utilities Finance Operation
12/18/2013 2:00:10 PM
Approved By
Name:PattersonAmy
Title: Manager-Impact Fees&EDC,Business Management&
Date: 12/19/2013 3:38:19 PM
Name: Joseph Bellone
Title: Manager-Utility Billing&Cust Serv.,Utilities F
Date: 12/26/2013 8:21:32 AM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 12/27/2013 10:37:33 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management&B
Date: 12/27/2013 11:25:09 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 1/6/2014 9:36:55 AM
Name: UsherSusan
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Title: Management/Budget Analyst, Senior,Office of Manage
Date: 1/6/2014 4:42:45 PM
Name: OchsLeo
Title: County Manager
Date: 1/7/2014 10:19:20 AM
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ORDINANCE NO. 2014 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING THE COLLIER
COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13,
AS AMENDED, TO INCORPORATE PROVISIONS CLARIFYING
THE IMPOSITION OF WATER AND SEWER IMPACT FEES ON
GEOGRAPHIC AREAS WITHIN THE COLLIER COUNTY WATER-
SEWER DISTRICT, BY ELIMINATING THE REQUIREMENT TO
PAY SUCH IMPACT FEES UNLESS SERVICE IS AVAILABLE;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING
FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND
ORDINANCES; AND, PROVIDING AN EFFECTIVE DATE.
WHEREAS, Collier County has used impact fees as a funding source for growth-related
capital improvements for various facilities since 1978; and
WHEREAS, on March 13, 2001, the Board of County Commissioners adopted
Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and
superseding all of the County's then existing impact fee regulations, and consolidating all of the
County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier
County Code of Laws and Ordinances; and
WHEREAS, the adoption of this Amendment to the Ordinance incorporates provisions
that will amend Section 74-303 (c)(1) of the Collier County Code of Laws and Ordinances
relating to the applicability and imposition of Water and Sewer Impact Fees on geographic areas
within the Collier County Water-Sewer District by providing that, during the permit process, a
structure within the District boundary will not be charged water and/or sewer impact fees unless
a connection is available; and
WHEREAS, the proposed amendment eliminates the probability that the District will
collect utility impact fees that will ultimately be refunded to a property owner as a result of an
inability to connect to the District's infrastructure.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
SECTION ONE. Article III, Impact Fees, Section 74-303, Special Requirements for Water
Impact Fee and/or Sewer Impact Fee, subsection C, Limitation on Applicability, of the Collier
County Code of Laws and Ordinances is hereby amended to read as follows:
Section 74-303. Special Requirements for Water Impact Fee and/or Sewer Impact Fee.
* * * *
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C. Limitation on Applicability.
Notwithstanding the general applicability provisions set forth in this chapter, water and
sewer impact fees shall be limited as follows:
1. The imposition of water and sewer impact fees shall net-apply-within-the
geographic areas expressly excluded by this chapter for purposes of the water and/or
- - •_ , :- • .. _ . include only development on lands within the county
water sewer district, , - - ' = - - =•- -- - - _ • • - • - -- - -
- _ - - - - -_ -: : : The imposition and collection of water
and sewer impact fees on geographic areas within the county water sewer district shall
not take place until such time when connection to the regional water and/or sewer system
is anticipated available or imminent. - - - -- - - • -- -
current county Public Utilities Water and Wastewater Master Plan Updates and the
within the excluded areas which are either Lands required to connect or request
connection to the regional water and/or sewer system, or which otherwise create a growth
necessitated demand upon the regional water and/ or sewer system shall be subject to the
imposition of impact fees in accordance with this chapter_ •- -• •. - - . . - • -•-
The following areas are provided exclusion from water and/or sewer impact fees since
they are not served by the existing treatment capabilities of the regional water and/or
regional sewer system:
a. Those areas lying within the boundaries of the former
_. . - .. _ _ - !• clwien of the Ma•ce Water and
b: a. Those areas lying within the boundaries of the former
Goodland Water District. Exclusion of the those areas within the
boundaries of the former Goodland Water District recognizes that this area
is not presently planned to be served by the treatment capabilities of the
regional water and/or regional sewer systems.
e. The following exclusion of the geographic areas in Golden
the density and use of these areas in such a manner as to make it
future via the regional water and/or regional sewer systems-or any other
centralized water and/or sewer utility.
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a
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1. Golden Gate Estates, Unit No. 1, Plat Book 1, Page 73, Public
2. Golden Gate Estates, Unit No. 2, Plat Book '1, Page 75, Public
• -
3. Golden Gates Estates, Unit No. 3, Plat Boek 4, Page 77, Public
4 elden Gates-Estates, Unit No. 4, Plat Book 1, Page 79, Public
Records of Collier County, Florida.
5. Golden Gates Estates, Unit No. 26, Plat Book 7, Page 15, Public
6. Golden Gates Estates, Unit No. 27, Plat Book 7, Page 17, Public
• -
7. Golden-Gates Estates, Unit No. 28, Plat Book 7, Page 19,
Public Records of Collier County, Florida.
S. Golden Gates-&tates, Unit No. 29, Plat Book 7, Page 57, Public
nien Gates Estates, Unit No. 30, Plat Book 7, Page 58, Public
• • Y.
10. Golden Gates Estates, Unit No. 31, Nat Book 7, Page 59, Public
11. Golden Gates Estates, Unit No. 32, Plat Book 7, Page 21, Public
12. Golden Gates Estates, Unit No. 33, Plat Book 7, Page 60, Public
Records of Collier County, Florida.
13. Golden Gates Estates, Unit No. 34, Plat Book 7, Page 23, Public
Records of Collier County, Florida.
11. Golden Gates Estates, Unit No. 35, Plat Book 7, Page 85, Public
Records of Collier County, Florida.
l-5 Golden Gates Estates, Unit No. 95, Plat Book 9, Page 115, Public
Records of Collier County, Florida.
16. Golden Gates- states, Unit No. 96, Plat Book 7, Page 94, Public
Records of Collier County, Florida.
17. Golden Gates Estates, Unit No. 97, Plat Book 7, Page 95, Public
Records of Collier County, Florida.
b.4--Those areas lying within the Marco Shores, Unit 1, Sections 26
and 27, Township 52 South, Range 26 East, and recorded in Plat Book 14, Page
34 of the Public Records of Collier County, Florida. Exclusion of the Marco
Shores, Unit 1, recognizes that this area is not presently planned to be served by
treatment capabilities of the regional water and/or regional sewer systems.
at Southeast corner of Section 6, Township 1.9 South, Range 26 East, Collier
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County, Florida; thence north 88 degrees 50 minutes 15 seconds east along the
along the east line of Section 6 a _• --. - !' • • e - - - ,. - . -••• -
1285.80 feet; thence south 1 degree 10 minutes 35 seconds east, a distance of
•- ,
f. Areas North of Radio Road located within Section 31, Township 49
South, Range 26 East, Collier County, Florida, generally described as these
g. All of Section 8, Township 50 South, Range 26 East (excluding
South, Range 26 East; Part of Section 17, Township 50 South, Range 26 East; and
- - -• - . , -• -•- , • ..:, _. .. -- -
Polly Ave., Wendy Lane, Landsdale Lane and Cynthia Way.
c_h--Those areas lying within the Key Marco Community Development
District. Exclusion of the Key Marco Community Development District
recognizes that this area is :- •- • - --•• • - - - - - not presently
planned to be served by treatment capabilities of the regional water and/or
regional sewer systems.
i. All those areas lying within the county water and wastewater
successors or assigns, located within Collier County, Florida. (The only
provided by the county.)
j. All those areas located within the City of Naples service areas as
described in the October, 1977 city/county agreement and amendments thereto, or
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k. Area of CR951 and US41: One mile sections that run west of the
36, Township 49 South, Range 26 East; All of Sections 1, 11, 14, 23, 26 and 35,
•
.. .
44
m. Any and all portions of Sections 13, 14, 15, 16, 20, 21, 22, 27, and
28, Township 19 South, Range 27 East within the Collier County Water Sewer
and all portions of Section 31, Township 58 South, Range 27 East within the
Collier County Water Sewer District boundaries. Any and all portions of Sections
3, 1, 10, and 11, Township 51 South, Range 27 East within the Collier County
Township 50 South, Range 25 East within the Collier County Water Sewer
District boundaries. Any and all portions of Sections 1, 2, 3, 11, 12, 13, 11, 23,
and 24, Township 51 South, Range 25 East within the Collier County Water
- .
District boundaries. Any and all portions of Sections 34, 35, and 36, Township 47
South, Range 27 East within the Collier County Water Sewer District boundaries.
Any and all portions of Sections 1, 2, and 3, Township 48 South, Range 27, East
within the Collier County Water Sewer District boundaries.
n. Any and all portions of Section 25, Township 19 South, Range 26
East within the Collier County Water Sewer District boundaries. Any and all
portions of Section 15, Township 18 South, Range 26 East within the Collier
36, Township 50 South, Range 25 East within the Collier County Water Sewer
District boundaries. Any and all portions of Sections 5, 6, 8, 9, 16, 21, 25, 28, 29,
30, 31, 35, 36, Township 51 South, Range 26 East within the Collier County
Water Sewer District boundaries. Any and all portions of Sections 5, 6, 9, 15, 19,
29, 30, 31, 32, 33, 31, Township 51 South, Range 27 East within the Collier
County Water Sewer District boundaries. Any and all portions of Sections 1, 2, 3,
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1, 10, 11, 12, 21, Township 52 South, Range 26 East within the Collier County
9, 10, 11, 15, 16, 17, 20, 21, 22, 28, 29, 30, 31, 32, Township 52 South, Range 27
o. Any and all portions of Sections 09, 16, 22, 25 and 36, Township
'18 South, Range 26 East within the Collier County Water Sewer District
boundaries. Any and all portions of Sections 12, 13, 24 and 25, Township 50
Any and all portions of Sections 19 and 30, Township 50 South, Range 27 East
_ . .. • ,, - • -
(2) Areas generally excluded from the imposition of only the sewer
excluded:
a. Those areas lying within the Pine Ridge Subdivision as shown in
Plat Book 3, Page 21, Public Records of l i° County, Fl^ d1
b. Exclusion of the following areas in Pinc Ridge Subdivision, Pine
Ridge Extension, and Pine Ridge Seco - - _ - • - •• -
via the regional water and/or regional sewer systems or any other centralized
1. Pine Ridge Extension, Plat Book 3, Page 51, Public Records of
Collier County,Florida.
.•__ • •::- - - • • , • - 8 'Collier County,Florida.
3. Pine Ridge Second Extension, Plat Book 10, Page 86, Public
Records of Collier County, Florida.
Records of Collier County, Florida.
c. Coconut Creek, Unit 1, according to Plat Book 1, Page 108, Public
Records of Collier County, Florida; Cocon - . , - , ' : too , ': ',
Public Record of Collier County, Florida; Cocon. -= , - , ' = ==
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Page 18, Public Records of Collier County, Florida; Westview Plaza, Plat Book
13, Page 50, Public Records of Collier County, Florida; more specifically
- - s - - _ .
d. Four Seasons, according to-Plat Book 10, Page 95, Public Records
Page 6,Public Records of Collier County, Florida.
• -
- - -
described as all single family lots adjacent to or abutting "The Lane."
f. Tall Pines, according to Plat Book 12, Page 70, Public Record of
Collier County,Florida;
g. Isle of Capri No. 1, according to Plat Book 3, Page 11, Public
Records of Collier Country, Florida; Isle : . : • , .--. -•• - ' . :. ,
to Plat Book 3, Page 66, Public Records of Collier County, Florida; Isle of Capri
Business Section, according to Plat Boek 3, Page 52, Public Records of Collier
County, Florida and any and all portions of Government Lot I, Section 6,
Township 52 South, Range 26 East developed as part of Isles of Capri, but which
is not included in Isles of Capri No. 1, Plat Book 3, Page 41, Public Records of
Collier County,Florida.
and sewer impact fee exemption:
- - - -
59, Public Records of Collier County, Florida, Sections 20 and 29 Township 49 South,
Range 26 East within the Collier County Water Sewer District boundaries, as referenced
in Section 74 303 C.1-.c. I _ ! e :•-..--- et •• .. _ : :_ _
Section 17, Township 50 South, Range-26 East within the Collier County Water Sewer
District boundaries, as referenced in Section 74 303 C.l.g. of Ordinance 2001 13. Any
Ordinance 2001 13. Any and all portions of Sections 11 and 12, Township 51 South,
in Section 71 303 C.1.k. Ordinance 2001 13. Any and all portions of Section 20,
Township 51 South, Range 27 East win the Collier-County Water Sewer District
boundaries, as referenced in Section 74 303 C.1.k. of Ordinance 2001 13.
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SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
or relettered 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 receipt of notice from the Secretary of State
that this Ordinance has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2014.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk , CHAIRMAN
Approved as to form and legality:
Sew)+-e L_
Scott R. Teach
Deputy County Attorney
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