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Written Communication 8.

BCC Regular Meeting

Meeting Date:	09/01/2016
Issue: Thomas Home Corporation Appeal Concerning Farm Hill Utilities, Inc. Franchise Agreement
From:	Alison Rogers
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

August 8, 2016, E-mail communication from Daniel Saba, Attorney for Farm Hill Utilities, Inc., and Stephen Moorhead, Attorney for Thomas Home Corporation, requesting that the Board consider an appeal filed by Thomas Home Corporation concerning the Farm Hill Franchise Agreement.

Recommendation: That the Board consider an appeal filed by Thomas Home Corporation concerning the Farm Hill franchise Agreement.

On April 18, 2016, Mr. Henry filed a complaint against Farm Hill and on April 28, 2016, Angela Jones with the law firm of Locklin, Saba, Locklin & Jones, P.A., sent a letter to Mr. Henry explaining Farm Hill's policy regarding payment of these fees in residential developments. Mr. Henry is unhappy that Farm Hill requires payment of per-lot impact fees at the time of platting instead of when each lot is developed. In this case, Mr. Henry paid the fees and now desires a refund and an amendment to Farm Hill's policy.

Both parties are in the process of continued negotiations in hopes to come to a resolution to the complaint before the Board meets.

BACKGROUND:

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BUDGETARY IMPACT:

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LEGAL CONSIDERATIONS/SIGN-OFF:

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PERSONNEL:

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POLICY/REQUIREMENT FOR BOARD ACTION:

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IMPLEMENTATION/COORDINATION:

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Attachments
Ltr. from Thomas Henry dated April 18 2016
Ltr. from Angela Jones dated April 28 2016
Ltr. from Stephen Moorhead dated June 27 2016
Farm Hill - Resolution and Franchise dated July 26 1966
Farm Hill - Resolution R98-241 and Extension of Franchise dated Oct 27 1998