HomeMy WebLinkAboutMinutes 09/18/07
PUBLIC HEARING
September 18, 2007
Present:
Am Menconi
&ara Fisher
Peter Runyon
Bruce Baumgartner
Bryan Treu
Robert Morris
Teak Simonton
Kathy Scriver
Chairman
Commissioner
Commissioner
County Manager
County Attorney
Deputy County Attorney
Clerk to the Board
Deputy Clerk to the Board
This being a scheduled Public Hearing, the following items were presented to the Board of County
Commissioners for their consideration:
Executive Session
It WaS moved, seconded and unanimously agreed to go into Executive Session for the purpose of receiving
legal advice ahd discussing matters that may be subject to negotiations regarding liquor liCense suspensions and the
.Eagle County Mainten.ance Service Center plat amendment which are appropriate topics for discussion pursuant to
C.R.S. 24~6-402(4)(b ) and (e) Colorado Revised Statutes. It was moved, seconded and UJianimously agreed to
adjoUrl1 from .Executive Session.
Consent Agenda
Chairman Men~oni~tated the first item before the Board was the Consent Agenda as follows:
A. ApprovalofbiJlpayi)'lg .for the week of September 17, 2007 (subject to review by the Finance Director)
Financ.~ nepartment Representative
B. Petition for Inclusion of the Eagle River Preserve in the Eagle River Water and Sanitation District
Rick Ullom, Facilities Management
c. Engagement Letter with Normandy Group for Professional Services
County Attorney~s Office Representative
D. Professional Services Agreement with Tetra Tech Inc., for Colorado Instream Flow Study
County Attorney' s Office Representative
E. Agreement hetWeen Eagle County, Colorado and Cecil Logging, Inc.
Wildfire Mitigation Representative
F. Second Amended Exemption Plat ~ Eagle County Maintenance Service Center
County Attorney's Office Representative
G. Amended Final Plat and Condominium Map Bachelor Gulch Village Resort and Spa Condominiums
second re-subdivision of Unit HI. (Eagle County File No. 5MB-00426)
Bob Narracci, Community Development
Chairman Menconi asked the Attorney's Office if there were any changes to the Consent Agenda.
Bob Morris, Deputy County Attorney stated that there are no questions.
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Commissioner Runyon requested that item C be removed for further discussion at a later date and that item
G also be removed for discussion during the session.
CommissionerRUl1yon moved to approve the Consent Agenda, consisting of items A, B, D, E and F.
Commissioner Fisher seconded the motion. The vote was declared unanimous.
Kristen McKnight attorney for the Bachelor Gulch Resort and Spa spoke to the board regarding item G.
CornrnissionerRunyon asked the intent of the request.
Ms. McKnight stated that the request represents the second of two phases of a two-phase development.
The warranty deed was limited to 120 hotel rooms. The first phase was done in Januaryof2007.19individual
sliite units have been created. The second phase for which constrUction is almost complete represents 31 units
which will be separately conveyed and taxed.
CommissionerRUl1yon asked about the total number of units.
Ms. McKnight indicated that there are 120 total units.
Commissioner Runyon asked ifthere were 70 which would never be converted.
Ms. McKnight stilted that the current deed restriction would provide for this restriction.
Commissioner Runyon stated that in the past people didn't necessl:irily know what would happen withrea:l
estate costs. He is concerned that making these units available for sale removes these units from the rental pool.
TyPically second home owners do not desire to rent their units. A reasonably profitable hotel room would rent for
over 100 days a year. This affects the vibrancy ofthe community except during the peaktimes. Heis concerned
that our product is the vibrancy that comes with having people in town. If hotel rooms continue to be converted to
for sale units it goes one more step towards killing the core areas. Added to this is the fact that a hotel room
generates sales tax when rented and condominiums do not. Private residential units are taxed at 9% and hotel
rooms are taxed at 29%. . The only beneficiary is the property owners in these scenarios. He is aware that legally
this type ofrequest cannot be denied.
Ms. McKnight stated thatthese units were built and designed in the same manner, same decor and interiors.
So farevery oWrterofthe current 19 units has opted into the rental program. 8 of the 31 additional units currently
under contract have alsti opted into the rental pool. The tourists have the option of renting a largerlil1it as opposed
to the typical hotel rooIp... She felt that these units are a bit more unique because of these facts..
Bob Narracci spoke to the board about the property tax. He stated that generally wholly owned units are
worth more than the commercial units and when assessments are done it is essentially a wash.
Commissioner Runyon found it hard to believe that the property tax could be three times that of the typical
co1lltnercial unit. He wOridered if the owners could guarantee that these units would be part ofthe rental pool at a
75%level. He can't support the request as it currently stands.
Ms. McKnightindicated that she didn't believe the owners would agree to these restrictions.
Commissioner Fisher asked if any of the units would be sold into fractional ownerships.
Ms. McKnightstat~d that the maximum number of owners could be 4. She stated that the 120 hotel rooms
were being converted to 50 condominium units.
Commissioner Fisher asked about the average sales price.
Ms. McKnight stated that the two bedrooms are around 2.2 million and the studios have sold for around
$800,000.00. When these units are in the rental pool the owner's use is restricted.
Commissioner Fisher moved to approve the amended Final Plat and Condominium Map Bachelor Gulch
Village Resort and Spa Condominiums second re-subdivision of Unit HI, Eagle County File No. 5MB-'00426.
Commissioner Menconi seconded the motion.
Commissioner Runyon stated that he would be voting against this as a matter of princiipal.
Commissioner Runyon voted no.
The motion passed by a 2 to 1 margin.
Chairman Menconi asked that the Eagle County Board of Health application be heard..
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Application for EatlyHead Start Continuation Funding
Kate Forinash, Health & Human Services
Ms. Forinash introduced several stafflllembers involved in this program. She ~xplained the requirements
for this funding.
JennieWahrershowed a slide show highlighting the program. Many people in this program do not have a
I:Iigh School education. 85 % of these families have at least one parent working. 30% of the fathers participate
regularly. . The program promotes parental leadership skills.
CommissionefRunyonasked how the program is measured.
Ms. Wahrer stated that during home visits, these measurements are taken.
Commissioner Fisherwondered about the learning English measurement. She wondered if the program is
about 50% successful.
Ms. Wahr~r stated that the 50% indicates the increase, not the totill success rate.
She indicated that their plans for the future include even greater improvements in all areas.
Several of the families participating spoke to the board about their positive experiences with the program.
They thanked the board for their support of the program.
CommiSSioner Fisheraskedhow this request would be outside ofthe rest of the county budget approval.
Ms. Forinash stated that they are required to submit the application 90 days in advance of J antlary.l of each
year.
COrl1111issioner Runyon asked aboutthe total budget for the program.
Ms. Fotinashstilted that there are also in-kind contributions by parents and communitymemhers.
Corful1issioherRunyon stated that the county's contribution of around 20% is well leveraged towards the
total amoutit. He knows that every dollar spent in early childhood saves 7-9 dollars in later expenses; This is a
hetteruse ofcollrity dollars and is good business.
Corl1rhissionerFisher thanked them for being present and spoke about the opportuhity she had had to meet
arid get to know severaFdf the families involved. .
Chairman Menconi stated that he is glad the family's children are doing much better.
Commissioner Fisher moved to approve the application for Early Head Start continuation funding.
Commissioner Runyon seconded the motion. The vote was declared unanimous.
t
Chairman Menconi stated that he had spoken to Dr. Eckabout the community clinic. He wondered why
there is another clinic needed if Eagle Care Clinic in Edwards is providing the. services.
Ms. Fotinashindlcated that.there is a future meeting planned to discuss and consider options for a
co:rninunity health clinic.
Chain:nan Menconi indicated that the Colorado Mountain Medical center feels that they are required to
offer community health care.
Ms. Forinash stated that a community health clinic is more than emergency medical care. The clinic would
provide preventative medical care, acute care, medicine management, and dental and mental health card.
Citizen Input
There was none
Commissioner Runyon moved to adjourn as the Board of County Commissioners and re-convene as the
Eagle County Liquor Licensing Authority.
Commissioner Fisher seconded the motion. The vote was declared unanimous.
Eagle County Liquor License Authority
Kathy Scriver, Clerk and Recorder's Office
ESTABLISHMENT:
DBA:
REPRESENTATIvE:
EI Jebel, LLC
EI Jebel Convenience Store
David See, Operating Partner
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LOCATION:
YEAR LICENSE ISSuED:
LICENSE EXPIRATION:
STAFF REPRESENTATIVE:
19001 Hwy 82, EI Jebel
March 1996
March 26, 2008
Kathy Scriver
DESCRIPTION:
Show CauselIearing stetl11i1ing from the following events:
/ On May 19, 2007 at approxiinately 6:03 p.m., an employee of the establishment allegedly sold aD
alcohol beverage to a minor during an underage compliance check performed by the Eagle County Sheriff's
Office. (Sheriff's report attached) The license holder has stipulated to a violation of the Colorado Liquor Code,
specifibally: Colorado Revised Statutes Section 12-47-901 (1) (a.5) which makes it unlawful to sell, serve, give
aWay, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of any alcohol beverage to or
for any person under the age of twenty-one years. (Copy of stipulation attached). Accordingly, this matter is before
the Board for the sentencing portion of the Show Cause Hearing.
According to Eagle County's Resolution 2007-072 Concerning Eagle County beer and liquor
licensing policies andptocedures, in determining the appropriate sentence or sanction to be imposed for a
violation the Authority shall consider all mitigating and aggravating circumstances' surrounding the violation. The
following factors shall be considered in the determination of any sentence to be imposed in the suspension of a
liquor license:
1. Seriousness of the violation:
. The violation involves the sale of alcohol to a minor, which is considered a serious violation.
3. Whether violation constitutes a repeated course of conduct or was an isolated event:
. The clerk's records indicate that this is the second time the establishment allegedly sold an alcohol
beverage to a minor during an underage compliance check.
2. Prior violations and offenses at the licensed premises:
. The clerk's records reveal that this establishment failed a compliance check on January 29,2004.
4. Corrective actions taken (ifany):
. Information may be provided by the license holder
5. Likelihood ofrecurrence:
. No information available
6. Willfulness of the violation(s):
. It does not appear that the license holder willfully violated the liquor code. The violation occurred as a
result of an underage compliance check performed by the Eagle County Sheriffs Office.
7. Length of time the license has been held by this licensee:
· 11 years
8. Previous sanctions imposed against the licensee:
. In 2004, the licensee's liquor license was suspended for 15 days and served 5 days of active
suspension, 10 days held in abeyance for lyear.
9. Completeness and adequacy of Alcohol Management Plan, and Server Training Information provided by
Licensee to the Eagle County Clerk and Recorder's Office:
. An alcohol management store policy is on file.
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10. Whether the Licensee may be considered a responsible vendor pursuant to C.R.S. 9 12-47-1002:
. Server Training provided by licensee was. expired at the time of the violation.
II. Arty other factors making the situation with respect to licensee or premises unique:
· There have been no recent complaints or disturbances.
· This business passed a compliance check conducted by the state Liquor Enforcement Division in 2005.
STAFF COMMENT:
('
This is the licensee's second violation within 3 years. For a second violation within 2 years, the Board has
previously issued a 14-day suspension requiring the licensee to serve 5 days of active suspension and holding 9
days in abeyance for one year.
DISCUSSION:
David See, operating partner spoke to the board. He stated that in eleven years this is their second
violation. Since 2004, they took steps to insure the violation wouldn't happen again. The current incident occurred
with a one-month tenure employee. They were a bit lax but are very concerned about this violation and take their
license very seriously.
Commissioner Fisher asked how long the manager had been in the employ.
Marty Raglin, store manager stated that he had been there since the middle of January. The selling
employee had not been TIPS trained.
Commissioner Fisher stated that the police report indicated that no ill was requested.
Mr. Raglin stated that during the employee's court appearance they had clarified that she did indeed ask for
identification.
Commissioner Fisher asked why there was no supervisor present. She expressed concern that a new
employee of one month and of22 years of age was in the store with no supervision. She had not heen provided
with a policy manual not had she been TIPS trained. She does not believe the employee had adequate training or
education by the manager.
Mr. Raglin indicated that there are a total of 3 employees in addition to himself. Usually the staff members
ate there by themselves with no supervision; howeVer, he is always available by cell phone.
Commissioner Runyon asked Ms. Scriver about the 2004 violation and the penalty. He felt that 2004 was
recent enough that it shouldbe.tilken into consideration when applying the penalty.
Mr. See stated that in 2004 they did serve 5 days of active suspension.
Commissioner Runyon move that the Local Licensing Authority suspend the liquor license of EI Jebel,
LLC d/b/a EI Jebel Convenience Store for 14 days, holding 7 days in abeyance for a period Of one (1) year. If El
Jebel, LLC d/b/a EI JebeI Convenience Store violates the Colorado Liquor Code with the year, all days will be
served in addition to any other penalty that may be imposed by the Authority. The 7 days of active suspension
must be served within the next 3 months with at least two (2) of those days being Saturdays. In addition, licensee is
required to submit updated server training information no later than September 30, 2007 and shall, in the future,
continue to update the Clerk's records as necessary.
Commissioner Fisher seconded the motion.
Commissioner Fisher wondered why the police report seemed to be in error. She asked that staff follow up
on this issue. She also impressed Mr. Raglin to talk with staff about Colorado requirements and TIPS requirements.
The vote Was declared unanimous.
ESTABLISHMENT:
DBA:
REPRESENTATIVE:
LOCATION:
YEAR LICENSE ISSUED:
LICENSE EXPIRATION:
STAFF REPRESENTATIVE:
Stasmore, Inc.
The Shortstop
Mike Stascavage, Owner
58 El Jebel Road, EI Jebel
March 1993
March 25, 2008
Kathy Scriver
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DESCRIPTION:
Show Cause Hearing stemming from the following events:
On May 19,2007 at approximately 10:48 p.m., an employee of the establishment sold an alcoholk
beverage to a minor during an underage compliance check performed by the Eagle County Sheriff's Office.
(Sheriff's report attached) The License holder has stipulated to a violation of the Colorado Liquor Code,
specifically: Colorado Revised Statutes Section l2-47-90l(1)(a.5) which makes it unlawful to sell, serve, give
away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of any alcohol beverage to Or
for any person under the age of twenty-one years. (Copy of stipulation attached). Accordingly, this matter is before
the Board for the sentencing portion of the Show Cause Hearing
According to Eagle County's Resolution 2007-072 Concerning Eagle County beer and liquor
licensing policies and procedures, in determining the appropriate sentence or sanction to be imposed for a
violation the Authority shall consider all mitigating and aggravating circumstances surrounding the violation. The
following factors shall be considered in the determination of any sentence to be. imposed in the suspension. of a
liquor license:
1. Seriousness of the violation:
ill The violation involves the sale ofa1cohol to a minor, which is considered a serious violation.
2. Prior violations and offenses at the licensed premises-Not relevant
. June 30, I 998 the establishment reportedly violated the Colorado Revised Statutes SectionI2-47-
90 1 (1)(a) which make makes it unlawful for any person to sell, serve, give away, dispose of, exchange,
or deliver or permit the sale, serving, giving or procuring of any alcohol beverage to a visible
intoxicated person or to a know habitual drunkard. The Sherriffs report indicates that alcohol Was sold
to a visibly intoxicated individual.
3. Whether violation constitutes a repeated course of conduct or was an isolated event
. The clerk's records indicate that this was an isolated event.
4. Corrective actions taken (if any)
. Information may be provided by the license holder
5. Likelihood of recurrence
. No information available
6. Willfulness of the violation(s)
. The violation occurred as a result of an underage compliance check performed by the Eagle County
Sheriffs Office.
. The Sheriffs report indicates on the night that the violation occurred the License Holder was charging
an admission fee atthe door. The underage cooperating individual was allowed to pay the door charge
without being required to present any identification of proper age. Identification was not requested at
the bar before the alcohol beverage was served.
7. Length of time the license has been held by this licensee
. 14 years
8, Previous sanctions imposed against the licensee
. Clerk's records indicate that July 31, 1998, staff recommended a four (4) day suspension, two (2)
served and (2) held in abeyance for one year. Not relevant
9. Completeness and adequacy of Alcohol Management Plan, and Server Training Information provided by
Licensee to the Eagle County Clerk and Recorder's Office.
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. An alcoholrnanagement plan is on file.
. Clerk's records indicate that the establishment has been responsible in providing server training
information for it's servers including that of Aaron Nelson (the employee who served the underage
individual).
10. Whether the Licensee may be considered a responsible vendor pursuant to C.R.S. S 12-47-1002.
. This Licensee has complied with the Eagle County Liquor License Authority requirements concerning
alcohol training for its servers.
11. Any other factors making the situation with respect to licensee or premises unique.
. This is the first time the licensee has been cited for service to a minor.
. Although the licensees file indicates disturbances over the years, there is proof of only one (1) previous
violation of the Colorado Liquor Code.
STAFF COMMENTS:
This is the licensee's second violation within 10 years. For a second violation within 2 years, the Board has
previously issued a l4-day suspension requiring the licensee to serve 5 days of active. suspension and holding 9
days in abeyance for one year. The board may consider the seriousness of the licensee's failure to comply with a
prior stipulation.
DISCUSSION:
Ms. Scriver highlighted the. situation for the board and reviewed the aggravating and mitigating
circumstances for the establishment.
Mike StascaVage and Jeffrey Graham were present as owner and manager. Mr. Stascavage indicated that
the employee who served the underage person was immediately terminated. He took full responsibility for the
incident. His establishment takes the service of alcohol seriously. He and his staff will have TIPS certificates
completed withintwoweeks. Staff is now asking for ID on those who appear under the age of35.
Chairma:i1 Menconi stated that he had met the owners previously.
Commissioner Fisher asked the manager when he was hired.
Mr. Graham indicated he had been on staff for three years but his responsibilities were increasing. He has
had 14 years of experience as a bartender.
Commissioner Fisher stated that she does not believe that the owner takes his responsibility lightly. She
encouraged that this posture continue.
Commissioner Fisher moved that the Local Licensing Authority suspend the liquor license of Stasmore, Inc
d/b/a The Shortstop for 14 days, holding 12 days in abeyance for a period of one (1) year. If Stasmore, Inc d/b/a
The Shortstop violates the Colorado Liquor Code with the year, all days will be servedin addition to any other
penalty that may be imposed.by the Authority. The 2 days of active suspension must be served within the next 3
months with at least One (1)ofthose days being a Saturday.
Cornrnissioner Runyon seconded the motion. The vote was declared unanimous.
Commissioner Runyon moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene
as the Board of County Commissioners.
COrhrl1issioner Fisher seconded the motion. The vote was declared unanimous.
NWCCOG Second Home Study phase II presentation
Doug Westenskow, Northwest Colorado Council of Governments
Doug Westenskow, Northwest Colorado Council of Governments Research Project Manager presented a
slide show that highlighted the second home study. The presentation, titled Transitions in Mountain Communities
highlighted resort economies and their secondary effects. This was the second part of a study that was started in
2003. The study included Eagle, Grand Pitkin, Summit County and the city of Steamboat Springs. A survey was
created and sent to homeowners and assessor's data was also used. In 2003 in Eagle County 49% of homes in the
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area Were considered second homes. That number changed in 2006 to 46% indicating that the local home
ownership went up. Local home ownership and second home ownership was defined by assessor's data. If home
taxes Were received locally it was considered a local home.
Commissioner Runyon wondered if the drop was due to retirees shifting from second home to a primary
resident.
Mr. Westenskow stated that a recent study indicated that active seniors are retiring and moving into their
second homes. Vail and unincorporated Eagle County have the highestpercentage of second homes. The majority
of local homes are in Eagle, Gypsum, Minturn and Redcliff. One of the biggest problems they ran into from the
2003 and 2006 study was the fact that all the Assessor's Offices changed the way they code their data. Eagle
County had an 83.8% match rate. Most of the information provided is from matched records. In Eagle County in
2003 to 2006, ll87 homes changed from a second home to local home. The survey indicated that 64% of
properties in .Eagle County are vacation homes and 36%, investment properties. A graph illustrating the value of
housing units indicated that second home ownership was lowest in homes under $500,000. A graph illustrating
second homes by square footage indicated that in 2006, 69% of homes with 7000 square feet and more were second
homes. The percentages between 2003 and 2006 are smaller because the survey was done within a short period.
2003~2006 is a short line to come up with any significant trend. He would have preferred 5 years between studies.
The type of housing graph indicated that in 2003 second homeowners owned 50% of duplex and townhouse type
units. This number declined in 2006 to 39%. In 2003,25% of mobile homes were second homes and in 2006, that
number dropped significantly down to 13%. He presented the home survey results.
Chairman Menc,oni stated that the first phase study indicated that over 60% of the county's economy Was
made up of second homes. He was surprised there wasn't an increase in second home ownership in the second
home study.
Commissioner Runyon stated that there are two components to second homeownership. There are second
homeoWners that are retiring and becoming a primary owner but there are also long time locals selling their homes
to second homeowners. He believes that two significant things have happened that effect our communities and
workforce. The value ofthe house increases and is sold at current market value thus being taken out of the
affordable housing mix. He wondered if the right questions were asked on the sUrVey to get at those numbers.
Mr. Westenskow stated that there were things about the survey that he would have done differently.
Chairman Menconi stated that there has been a big migration down valley to new inventoried units. There
was a big cashing out of equity up valley that moved down valley. He wondered if that jump in housing inventory
was displayed in the second phase of the survey.
Mr. Westenskow stated that from the types of questions he'd seen on the suiveythat question is more likely
to be answered from the assessor's data.
Chairman Menconi stated that he believes the local housing number has been cushioned.
Commissioner Runyon stated that the big question is what percentage of the community are workers versus
local retirees. .
Chairman Menconi stated that the board does not want to see a reduction of local housing. He thought that
Eagle County had 65% oflocal housing. He wonders what the county's goal is for local ownership. Vail is 35%.
Aspen a decade ago made a commitment to stay at 70% local home ownership. He wonders if there are any
contradictory numbers. He would like to benchmark 2007 as 54%, because he foresees changes in the housing
market and he wonders how resilient Eagle is with the housing market changing.
Cliff Simonton stated benchmarking is a very important function of the board. He believes with this type
of information the board could benchmark what is relevant and significant in terms of types of decision being made
moving forward.
Commissioner Runyon stated that it is important to understand the subset of non-retirees or early retirees or
remote workers.
Mr. Westenskow stated that Eagle County and Steamboat Springs showed the highest number oflocal
home ownership.
Commissioner Fisher stated that one of the things that skews those numbers is that there are a large number
of second homes have property managers and their tax notices come here for tax purposes because there is an
advantage to having an in county mailing address.
Mr. Westenskow stated that they understand this is happening but had no data to back it up. He has seen a
rise in LLC ownership from 2003 to 2006.
Commissioner Runyon wondered if it would be possible to get a 5% sampling of the Eagle County
Assessor's Office data and see if when ownership is an LLC it is a local address or second home.
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. Mr. Westenskow provided the results of the survey responses. The survey indicated that golf was the
number one sport. Expenditure patterns indicated that Eagle County residents purchased most items locally and
regionally except for vehicle purchases. In Eagle County, combined household incomes offull-timeresidents
averaged50,OOO-150,000. The survey results for full time residents to secondhomeownership indicated low
Hispanic origins and that could be due to the low voter registration among the Hispanic community. The
assessment indicated that affordable housing had a low value and needed improvement and was not meeting the
desires of the community. Local economy or perception of the economy and traffic had the largest gaps.
Affordable housing and traffic across the board were the biggest concerns. He stated that the sUrvey results were
available on the NWCCOG website.
Commissioner Runyon suggested that the next survey include workers versus retirees.
Keith Montag stated that they are currently in the process of a quality of life/place survey for Eagle County
and some of this information can be added.
Mr. Simonton stated that there are a number of things that staff could be looking at in order to pinpointthe
kinds of information they can begin tracking.
Commissioner Fisher thanked Mr. Westenskow and stated that there are various components to take into
consideration. The survey information is helpful to see where the county is missing the mark.
Planning Files
There were none.
Attest:
,/
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