Miami-Dade Legislative Item
File Number: 102235
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File Number: 102235 File Type: Ordinance Status: Adopted
Version: 0 Reference: 10-79 Control: Board of County Commissioners
File Name: DISSOLVE THE CITIZENS OVERSIGHT COMMITTEE Introduced: 9/13/2010
Requester: Office of Capital Improvements Cost: Final Action: 11/4/2010
Agenda Date: 11/4/2010 Agenda Item Number: 7I
Notes: Title: ORDINANCE RELATING TO THE SAFE NEIGHBORHOOD PARKS BOND ORDINANCE, ARTICLE III OF CHAPTER 25B OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AMENDING ORDINANCE 96-115 BY REVISING DESCRIPTION OF CERTAIN PROJECT SCOPES AND FUNDING IN EXHIBITS ''A'' AND ''B''; AMENDING CHAPTER 25B TO DISSOLVE THE CITIZENS’ OVERSIGHT COMMITTEE, TO TRANSFER ITS POWERS AND DUTIES TO COUNTY MAYOR OR MAYOR’S DESIGNEE AND TO ESTABLISH SUNSET DATE FOR SNP BOND PROGRAM; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 101700]
Indexes: OVERSIGHT COMMITTEE
  SAFE NEIGHBORHOOD PARK BONDS
Sponsors: NONE
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 11/4/2010 7I Adopted P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Assistant County Attorney Monica Rizzo noted a scrivener’s error existing on handwritten page 2, in the third full paragraph, should be corrected to replace “…, whichever is earlier.” with “…, whichever is later.” There being no further questions or comments, the Commission proceeded to vote.

Transit, Infrastructure & Roads Committee 10/13/2010 1E1 SUBSTITUTE Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Bruce Libhaber read the foregoing proposed ordinance into the record. Chairwoman Jordan opened the public hearing and called for persons wishing to appear in connection with this proposed ordinance. She closed the public hearing after no one appeared. Commissioner Gimenez noted the Citizens’ Oversight Committee (COC) recommended that any unspent funds be utilized to pay off the outstanding debt. He questioned whether such language was included in this proposed legislation or in the original legislation. Assistant County Attorney Monica Rizzo responded to Commissioner Gimenez that the language was not included in the proposed legislation, nor was it included in the original legislation. Commissioner Gimenez questioned the status of efforts to resolve pending issues with The Town of Miami Lakes (Miami Lakes). Assistant County Manager Ysela Llort responded that indebtedness issues existed which needed to be paid by Miami Lakes, and that she would follow-up and provide the Committee with an up-date. She noted this proposed ordinance provided the flexibility to resolve pending issues later. In response to Commissioner Gimenez’ question whether anything existed that would prohibit him from offering an amendment at the Board of County Commissioners’ (BCC) meeting, to provide that any unspent funds be used to pay down debt rather than used for other projects, Assistant County Attorney Rizzo said that it would be an appropriate amendment at the BCC meeting. Assistant County Manager Llort responded to Commissioner Siejas’ request for clarification. She noted that the Parks portion of the Miami Lakes allocation was presented to the BCC and that an issue associated with past indebtedness arose. Ms. Llort said members of the BCC asked the Administration to withhold the award until the issue was resolved. Commissioner Seijas asked Assistant County Manager Llort to provide Committee members with a status report indicating whether or not The Town of Miami Lakes had paid off the $800,000 debt owed from the Quality Neighborhoods Improvement Program (QNIP) and the debt owed to the Citizen’s Independent Transportation Trust (CITT); and whether or not the issues involving Parks in Miami Lakes were resolved. Commissioner Gimenez clarified that his request was related to the unspent funds and the disposition of these funds. There being no further questions or comments, the Committee proceeded to vote. Later in the meeting, Commissioner Seijas said that the BCC had previously decided to withhold money allocated for the Parks in Miami Lakes until the Town satisfied its County obligations. Commissioner Gimenez asked Commissioner Seijas to consider a method to reprogram funding allocations in the event that Miami Lakes failed to meet its obligation.

County Attorney 9/17/2010 Assigned Transit, Infrastructure & Roads Committee 10/13/2010

County Manager 9/17/2010 Assigned County Attorney 9/17/2010
REPORT: Item returned with changes, please review and replace the CM memo.

County Attorney 9/15/2010 Assigned Monica Rizo 9/22/2010

County Attorney 9/15/2010 Referred County Manager 9/14/2010
REPORT: Returned to Agenda Coordinator for corrections.

County Manager 9/15/2010 Assigned County Attorney
REPORT: Returning corrected item

County Manager 9/15/2010 Assigned Ysela Llort
REPORT: Item ret. From CAO for formatting corrections.

County Manager 9/13/2010 Additions Transit, Infrastructure & Roads Committee 9/15/2010

County Manager 9/13/2010 Assigned County Attorney 10/5/2010
REPORT: OCI (9/15-TIR) [1E1 SUBSTITUTE] Monica Rizo, ACA

County Manager 9/13/2010 Assigned Ysela Llort 9/13/2010

Legislative Text


TITLE
ORDINANCE RELATING TO THE SAFE NEIGHBORHOOD PARKS BOND ORDINANCE, ARTICLE III OF CHAPTER 25B OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AMENDING ORDINANCE 96-115 BY REVISING DESCRIPTION OF CERTAIN PROJECT SCOPES AND FUNDING IN EXHIBITS ''A'' AND ''B''; AMENDING CHAPTER 25B TO DISSOLVE THE CITIZENS’ OVERSIGHT COMMITTEE, TO TRANSFER ITS POWERS AND DUTIES TO COUNTY MAYOR OR MAYOR’S DESIGNEE AND TO ESTABLISH SUNSET DATE FOR SNP BOND PROGRAM; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Article III of Chapter 25B of the Code of Miami-Dade County, Florida (the ''Code''), reads as follows:

Sec 25B-22. Bonds.

* * *

(a) Municipal per capita allocation and direct grants for specific projects: One hundred seven million nine hundred and fifty thousand dollars ($107,950,000.00) for grants to public agencies and not-for-profit organizations for the development, improvement, rehabilitation, restoration or acquisition of real property for parks and park safety, youth, adult and senior citizens' recreation facilities, beaches, greenways, trails, and natural areas in accordance with the following schedule:

* * *

(2) Direct grants for specific projects: Eighty-eight million three hundred and fifty thousand dollars ($88,350,000.00) for direct grants to municipalities and UMSA, in accordance with the schedule attached as Exhibit ''A'' [which can be found in the County Clerk’s office attached to Ordinance No. 96-115] and incorporated in this article by reference. Any project changes in UMSA from the schedule attached as Exhibit ''A'' shall require approval by a unanimous vote of the County Commissioners present at the time the Board considers any such project changes.

(b) Grants for specific regional projects: Seventy-six million seven hundred thousand dollars ($76,700,000.00) to the County Park and Recreation Department for the development, improvement, restoration, rehabilitation or acquisition of real property for Regional Parks, Beaches and Biscayne Bay access, specific regional projects, Heritage Facilities, Natural Area Preserves and greenways and trails, in accordance with the schedule described in Exhibit ''B'' [which can be found in the County Clerk's office attached to Ordinance No. 96-115]. Any project changes in UMSA from the schedule attached as Exhibit ''B'' shall require approval by a unanimous vote of the County Commissioners present at the time the Board considers any such project changes.

Section 2. Ordinance 96-115, as amended by Ordinance 04-189 adopted by this Board on October 19, 2004, is hereby amended to read as follows:


Exhibit ''A''

* * *

D. One million five hundred thousand to the City of Homestead in accordance with the following schedule:

i. Fifty thousand ($50,000) to implement the first phase of the development of the Homestead Equestrian Center.

ii. Five hundred thousand dollars ($500,000) for Roby George Park for the development of the Phichol Williams Center.

iii. Two hundred fifty thousand ($250,000) for capital improvements at James Archer Smith Park.

iv. [[Three hundred fifty thousand ($350,000)]] >>Five hundred fifty thousand ($550,000)<< for the capital improvements at William F. ''Bill'' Dickinson Senior Center.

v. One-hundred fifty thousand ($150,000) for capital improvements at Angelo Mistretta Park and acquisition and installation of picnic tables, park benches, and game tables.

[[vi. Two-hundred thousand ($200,000) for capital improvements at Wittkop Park.]]

* * *

F. Eighteen million dollars ($18,000,000) to the City of Miami in accordance with the following schedule:

i. One million eight hundred thousand ($1,800,000) for the restoration of the historically designated Virrick Gym, to be used by persons with disabilities for adaptive sailing and other community youth-related activities.

ii. One million dollars ($1,000,000) to complete a beach erosion control program on Virginia Key Beach and enhancements to the island dune systems.

iii. Eight hundred thousand dollars ($800,000) for the development of a new recreation/senior trust building and site improvements at Maceo Park.

iv. Eight hundred thousand ($800,000) for the improvements and renovations to the recreation building, swimming pool, and ballfields, courts and playgrounds at Gibson Park.

v. Eight hundred thousand dollars ($800,000) for acquisition and renovations at Jose Marti Park.

vi. Eight hundred thousand dollars ($800,000) for improvements and renovations to Hadley Park.

vii. Seven hundred thousand dollars ($700,000) for renovations and improvements to the youth center and swimming pool at Virrick Park.

viii. Seven hundred thousand dollars ($700,000) for improvements to the recreation building and renovations to the basketball/tennis court and baseball/softball fields and improvements to Douglas Park.

ix. Six hundred fifty thousand dollars ($650,000) for recreation building improvements, new and renovated basketball courts and baseball/softball fields, and swimming pool renovations for Shenandoah Park.

x. Five hundred thousand dollars ($500,000) for >>ecosystem restoration, specifically the planning, design and removal of exotic and invasive vegetation, and the purchase and installation of an antique carousel at<< [[the design and construction of]] the Virginia Key >>Beach Park<< [[Environmental Education Center]].

xi. Five hundred thousand dollars ($500,000) to be used [[as local matching funds for the renovation and adaptive reuse of two historic structures, the Wagner Homestead and the Ft. Dallas Barracks]] for >>renovations to the recreation building and ancillary site improvements at<< Lummus Park.

xii. Five hundred thousand dollars ($500,000) for shoreline improvements, seating and plazas for Lummus Park.

xiii. Five hundred thousand dollars ($500,000) to be used as a local match for other grants to extend the Miami Riverwalk.

xiv. Five hundred thousand dollars ($500,000) for shoreline stabilization, building renovation and new tennis court and roller hockey facility enhancement at Peacock/Myers Park.

xv. Five hundred thousand dollars ($500,000) for shoreline stabilization, swimming pool facility renovation, tennis center renovation, and lighting at Morningside Park.

xvi. Four hundred fifty thousand dollars ($450,000) for improvements to the recreation center for Persons with Disabilities Programs, renovations to ballfields, and new playground and improvements at Kinloch Park.

[[xvi. Four hundred fifty thousand dollars ($450,000) for renovations and improvements to Williams Park.]]

xvii. Four hundred twenty-five thousand dollars ($425,000) for renovations and improvements at Athalie Range Park.

xviii. Three hundred fifty thousand dollars ($350,000) for improvements and renovations at Robert King High Park.

xix. Three hundred fifty thousand dollars ($350,000) for [[recreation building renovations and swimming pool facility renovations]] >>purchase and install vita course equipment and solar lighting system in the playground, construct walkways, new flagpole, and stadium and sound system upgrades<< at Curtis Park.

* * *

xxxviii. One hundred and twenty thousand dollars [[($125,000)]] >>$120,000<< for [[amphitheater renovations, playing filed improvements and new tot lot ,>>construction and installation of a new playground, new tot lot, new flooring for the existing recreation center and site furnishings << for African Square Park.

* * *

[[xlviii.]]>>xlvii.<< One hundred thousand ($100,000) for building renovations, new playground, court renovations and lighting upgrade at Bryan park.

[[xlvix.]]>>xlviii.<< One hundred thousand dollars ($100,000) for new fencing, playground and volleyball court and renovation of restrooms, parking lot improvements and improved lighting at Sewell Park.

>>xlix. Four hundred fifty thousand dollars ($450,000) for renovations and improvements to Williams Park.<<

* * *


O. Fifty million seven hundred thirty-two thousand dollars ($50,732,000) to Dade County UMSA, in accordance with the following schedule:

* * *

ii. Five million dollars ($5,000,000) to Dade County UMSA for park pool development, including the [[acquisition]] >>development<< of [[a]] family aquatic [[center]] >>centers<< for approximately two million dollars ($2,000,000), and the renovation and upgrade of aquatic facilities for approximately five hundred thousand dollars ($500,000), each at Norwood, Gwen Cherry, Cutler Ridge, South Dade, A.D. Barnes, and Tamiami Parks.

iii. Forty one million seven hundred thirty thousand dollars ($41,732,000) to Dade County UMSA for local park development in accordance with the following schedule:

a. Five hundred thousand dollars ($500,000) for neighborhood park development at Brentwood Park.

b. One million eight hundred thousand dollars ($1,800,000) to complete park development, including a small community center and lighted athletic fields, at Rolling Oaks Park.

c. One million dollars ($1,000,000) to continue park development, including addition to existing recreation building and walkways along Oleta River at Highland Oaks Park.

d. Seven hundred fifty thousand ($750,000) for park development, including recreation building, at Lakes by the Bay Park.

e. Eight hundred thousand dollars ($800,000) for park development including recreation building, at Deerwood Park.

f. Two million dollars ($2,000,000) to complete park development with community football/soccer stadium, recreation center, playground and athletic fields at Southridge Park.

g. One million five hundred thousand dollars ($1,500,000) to continue park development, including community building, completion of softball complex and restroom/concession/storage building, at Kendall Indian Hammocks Park.

h. Five hundred thousand dollars ($500,000) to continue park development with lighted soccer fields, tot lot and picnic shelter at Southern Estates Park.

i. Eight hundred thousand dollars ($800,000) to continue park development, including recreation building, at Millers Pond Park.

j. Nine million dollars ($9,000,000) for park and recreation land acquisition in West Kendall Area, with phase I >>and II<< district park development [[to include lighted ballfields, soccer fields, restroom/concession building and maintenance facility,]] for West Kendall Park.

* * *

Exhibit ''B''

* * *

2. Fifty-seven million one hundred thousand dollars ($57,100,000) to the County Park and Recreation Department for the development, improvement, restoration, rehabilitation or acquisition of real property for regional parks, regional recreation or heritage facilities and natural area preserves, in accordance with the following schedule:

* * *


M. Eight hundred thousand dollars ($800,000) for [[the initial acquisition, design and development of an Hispanic Heritage Cultural Arts Facility]] >>improvements at the Miami-Dade County Auditorium<<.

Section 3. Article III of Chapter 25B of the Code of Miami-Dade County, Florida (the ''Code''), is hereby amended to read as follows:

Sec. 25B-23. Administration.

(a) The Citizens' Oversight Committee. A Citizens' Oversight Committee ("Committee") will be formed to oversee the disbursement of the proceeds from the sale of the bonds. The Committee will have thirteen (13) members; one (1) residing in each of Miami-Dade County's thirteen (13) commission districts. Members of the Committee shall be residents of Miami-Dade County who possess outstanding reputations for civic pride, integrity, responsibility and business or professional ability and experience or interest in the fields of recreation, conservation of natural resources or land use planning. The Committee, as defined below, will be comprised of members who are representative of the geographic, ethnic, racial and gender make-up of the County. >>The Committee shall be automatically dissolved as of October 18, 2010, (''Dissolution Date''). After the Dissolution Date, all duties or responsibilities of the Committee shall be handled administratively by the Mayor or Mayor’s designee through the sunset date of this ordinance until all available funds have been expended.<<

(1) Selection. Each member of the Board of County Commissioners shall appoint one representative to the Committee. Each representative shall reside in the appointing commissioner's district.

(2) Term. The Committee members shall serve two-year terms, and may be reappointed. The terms shall be staggered, with the representatives of the evenly-numbered districts scheduled for replacement or reappointment after the first year. Members of the Committee shall not be compensated for their services. Notwithstanding Section 2-11.38.2, Committee members may be reappointed for more than eight (8) consecutive years without a two-year hiatus.

(3) Powers and duties. The Committee shall have the following powers and duties:

(i) To oversee the deposit and disbursement of the bond proceeds in accordance with the terms of this article;

(ii) To issue solicitations for all grants, to evaluate, disqualify, and rank challenge grant proposals, and to recommend the award of grants in accordance with the terms of this article;

(iii) To identify funding to reimburse the County for the reasonable costs of providing staff to the Committee, in the process of the oversight and grant management of this article, which funding may include amounts available under this Bond program if the costs of staffing are related to individual projects authorized by this article;



(iv) To promulgate rules consistent with this article for the conduct of its meetings and the discharge of its responsibilities;

(v) To perform such other functions as are set forth for the Committee in this article.

(4) Deposit of bond proceeds. All proceeds of the sale of the bonds shall be delivered to the Director of the Finance Department of Miami-Dade County who shall deposit those proceeds in the Trust Account, not to be commingled with other funds of the County, to be disbursed solely for the purposes set forth in this article. Miami-Dade County, itself or through independent auditors, shall have the right at all times to audit the books and records of the Committee.

(5) Staff. The County Manager and the County Attorney shall provide to the Committee adequate staff and support services to enable the Committee to carry out its duties and responsibilities.

* * *
>> Sec. 25B-33. Sunset Provision.

(a) The Safe Neighborhood Parks Ordinance, codified as Article III to Chapter 25B of the Code of Miami-Dade County Shall Sunset on October 1, 2011. <<



Section 4. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.

Section 5. It is the intention of the Board of County Commissioners, and it is hereby ordained, that the provisions of this ordinance, including any sunset provisions, shall become and be part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word ''ordinance'' may be changed to “section,” “article,” or other appropriate word.

Section 6. This ordinance shall be effective 10 days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.



PASSED AND ADOPTED:
Approved by County Attorney as
to form and legal sufficiency. _______

Prepared by: _______

HEADER
Date: October 5, 2010

To: Honorable Chairman Dennis C. Moss
and Members, Board of County Commissioners

From: George M. Burgess
County Manager

Subject: Ordinance Amending Article III, Section 25B of the Code of Miami-Dade County, relating
to the Safe Neighborhood Parks (SNP) Bond Program

STAFF RECOMMENDATION
This substitute differs from the original in that all references of a sunset date have been deleted and replaced with the words ''until all available funds have been expended.'' Thereby, allowing all remaining SNP funds to be paid out before closing out the program. This substitute also corrects language in the memorandum to clarify that although the SNP Citizens' Oversight Committee has made recommendation for all remaining fund, the Board has not given final approval to the allocation to Miami Lakes.

RECOMMENDATION
It is recommended that the Board of County Commissioners (Board) adopt the attached ordinance amending Article III, Section 25B of the Code of Miami-Dade County relating to the Safe Neighborhood Parks (SNP) Bond Program, amending certain project scopes and funding allocations as shown in Attachment 1, transferring administrative duties of the SNP Citizens’ Oversight Committee (COC or Committee) to the Mayor or Mayor’s designee until all available funds have been expended.

SCOPE
The scope of this agenda item impacts Commission Districts 3, 4, 5, 7, 8, 9, and 11. However, the SNP program has impacted every Commission District throughout the lifespan of the program.

FISCAL IMPACT/FUNDING SOURCE
Funding of $200 million was approved as part of a referendum and authorized under County Ordinance No. 96-115. No additional fiscal impact is related to this item.

TRACK/RECORD MONITOR
The individual grantees will implement their improvement projects. The County’s Office of Capital Improvements (OCI) Director, George Navarrete, will continue to monitor the SNP Program through the Program’s close-out.

DELEGATION OF AUTHORITY
This item dissolves the Safe Neighborhood Parks Citizens’ Oversight Committee (COC or Committee). Upon dissolution of the Committee, the County Mayor or Mayor’s designee will perform the Committee’s administrative duties which include scope modifications for approved projects and extension of contract time if needed. The Board is not delegating the authority to award any unspent funds.

MANAGER'S BACKGROUND
BACKGROUND
The Safe Neighborhood Parks Bond Program was created in 1996 upon the overwhelming support of voters for a $200 million parks capital improvement program. The Program, funded by the periodic issuance of bonds, is being administered by the County’s Office of Capital Improvements and implemented by various partners. Many major renovations to County and municipal parks have been made possible by the Program. Since the capital improvement projects were staggered over a period of years, bond monies that were not in active use earned interest which was reinvested in construction projects, netting approximately $30 million more than the original $200 million.

The success of the SNP Program is the result of collaborative efforts by County staff, municipalities and the Safe Neighborhood Parks Citizens’ Oversight Committee. The Committee was formed in 1997 and charged by the Board with monitoring the bond expenditures and the progress of construction. The 13 member Committee, currently chaired by Martin Mendiola, conducted regular meetings and provided periodic reports to the Board. Although there remain a number of active contracts and commitments that must be administered and closed-out, as of January 29, 2010 the COC has made recommendations for all remaining funds.

However, the COC’s recommendation to allocate funds to the Town of Miami Lakes (Town) has not yet actually been committed via interlocal agreement or approved by the Board. As you may recall, on December 16, 2009, the SNP COC made a recommendation to award the Town of Miami Lakes $346,100 of Discretionary Interest Earnings for Royal Oaks Park ($200,000), Miami Lakes Park ($46,100), and Sevilla Estates Park ($100,000) with the condition that Royal Oaks Park, Miami Lakes Park, and Sevilla Estates Park be completed by December 2, 2010. However, previously at the December 1, 2009 Board of County Commissioners meeting, staff was directed to hold any funds re-allocated to the Town in abeyance until such time as resolution of payment disputes between the County and the Town relating to QNIP funds were resolved. To date, this issue has not been resolved. Staff will continue to work with the Town to resolve any outstanding issues. Should these issues be resolved, an item will be presented to the Board for the award of these funds to Miami Lakes and an interlocal agreement reflecting this award will be executed.

OCI will continue the processing of invoices and payments until all funded projects are complete. All invoices submitted for payment must be for expenses incurred no later than December 2, 2010, or the expiration date of the contract, whichever is earlier. The Office of Capital Improvements conducted a survey of grantees to ascertain if the grantees will be able to meet the project completion dates. The survey results indicated that grantees are committed to finalizing their respective projects by the contract expiration date.

The COC voted on December 16, 2009 to begin the close-out of the Program and to recommend to the Board that the Committee be dissolved. However, the Committee agreed to meet one last time on May 19, 2010 in order to recommend certain contract extensions that were needed to finalize projects which were presented to the Board under a separate legislative item. The COC strongly recommended that any unspent funds in the future, once the Committee is dissolved, be used to pay down the debt.

As the Program has drawn to a close, the review process revealed that certain project technical scopes and funding allocations that were included in the authorizing legislation have been revised through COC recommendations and subsequent Board action; however, these technical scopes were never formally adjusted within the body of the authorizing ordinance. Furthermore, several grantees have requested additional scope changes in order to finalize their projects. These scope changes involve eligible expenses for Board approved projects. Again, although, all of these amendments were evaluated and approved by the COC and the governing bodies of each of the grantees, the changes have not been codified and made final by the Board. The attached ordinance revises the technical scopes as appropriate for such projects. Specific changes are detailed in Attachment 1.

Therefore, it is recommended that the Board adopt the attached ordinance retroactively amending the project scopes and funding as cited in Attachment 1, dissolving the Citizens’ Oversight Committee and transferring the administrative duties of the COC to the Mayor or Mayor’s designee in order to begin the final close-out of the SNP Program.


_____________________________________
Assistant County Manager



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