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HomeMy WebLinkAbout4312 ORDINANCE NO. 4312 AN ORDINANCE of the City Council of the City of Kent, Washington, adding a new section to chapter 6.01 of the Kent City Code, establishing apprenticeship utilization requirements for public works contracts of $1,000,000 or more. RECITALS A. A well-trained, diverse workforce is critical to the economic and social vitality of the region. B. Journey level construction workers are retiring in numbers greater than the number of applicants to replace them, creating shortages of skilled construction workers impacting the region's ability to expand the economy, decreasing competition for City construction projects and increasing bids. C. Apprenticeship programs are an effective means of providing training and experience to individuals seeking to enter or advance in the workforce, offering the unique opportunity to earn living wages and receive excellent benefits while acquiring valuable marketable skills. D. The experience of other agencies and jurisdictions in the region has shown that apprenticeship programs are effective in providing training and experience to individuals seeking to enter or advance in the workforce. F. Actions by the Washington State Apprenticeship and Training Council have made apprenticeships more widely available in the 1 Amend KCC 6.01 - Re: Apprentice Utilization construction industry, and their program goals to attract women and minorities into their approved apprenticeship programs will provide greater opportunities for these workers on City public works projects. G. The use of apprentices enrolled in an apprenticeship program approved by the Washington State Apprenticeship and Training Council ensures proper training and compliance with employment and wage regulation. H. The City is committed to using training that is accepted industry-wide so that the resulting journey workers can enter the region's pool of skilled labor, fully qualified for the jobs throughout the industry. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. - Chapter 6.01 KCC. Chapter 6.01 of the Kent City Code, entitled "Public Works Contract Requirements" is amended as follows: Sec. 6.01.010 State law contract requirements. All public works and improvements contracts entered into by the city shall be in conformance with, and subject to, the following minimum provisions of the Revised Code of Washington, which are not exclusive: 1. Chapter 39.04 RCW relating to public works. 2. RCW 35A.40.210, 35.22.6201 35.23.352, and 39.04.155 relating to competitive bidding for public works, and purchases of goods, materials, equipment, and supplies. 2 Amend KCC 6.01 - Re: Apprentice Utilization 3. RCW 9.18.120 and 9.18.150 relating to the suppression of competitive bidding. 4. Chapter 60.28 RCW relating to liens for materials and labor performed. 5. Chapter 39.08 RCW relating to contractor's bonds. 6. Chapter 39.12 RCW relating to prevailing wages. 7. Chapter 49.12 RCW relating to hours of labor. 8. Chapter 51.12 RCW relating to worker's compensation. 9. Chapter 49.60 RCW relating to antidiscrimination in employment. 10. Chapter 39.28 RCW relating to emergency public works. Sec. 6.01.020 Contracting and procurement process. All public works and improvement contracts entered into by the city shall also be in conformance with and subject to the contracting and procurement process provided for in Chapter 3.70 KCC, unless otherwise provided. Sec. 6.01.030 Public works apprentice program. A. Purpose. The City of Kent recognizes that a well-trained construction work force is critical to the ability of constructing successful public works projects. Apprenticeship training programs are particularly effective in providing training and experience to individuals seeking to enter or advance in the work force. By providing for apprenticeship utilization on public works projects, the city can create opportunities for training and experience that will help assure that a trained work force will be available in sufficient numbers in the future for the construction of public works projects. 3 Amend KCC 6.01 - Re: Apprentice Utilization B. Project Requirements. 1. Public work projects, as defined in KCC 3.70.030 and RCW 39.04.010, with an estimated construction cost greater than $1,000,000 shall require that no less than 15 percent of the labor hours performed by workers subject to prevailing wages employed by the contractor or its subcontractors be performed by apprentices enrolled in a state-approved apprenticeship program. 2. The contractor may elect to meet the requirements of this Section 6.01.030(B) as part of the work of a subcontractor, however, the contractor shall retain the responsibility for complying with this Section. C. Administration. The Chief Administrative Officer or his/her designee ("CAO") shall implement and administer this Section 6.01.030 and shall develop and adopt procedures to implement and enforce this Section 6.01.030. The Chief Administrative Officer or his/her designee shall establish and maintain contract specification language to implement the apprenticeship- requirement and develop and implement a system for monitoring the actual use of apprentices on public work contracts. D. The Chief Administrative Officer or his/her designee may waive or adjust the apprenticeship requirements for apprentices in bid documents under the following circumstances: 1. The apprenticeship requirement conflicts with state or federal funding conditions, or the conditions of any other grant or funding program; 2. An insufficient number of apprentices are available to meet the contract requirements; 3. The project involves a high proportion of equipment and materials costs compared to the anticipated labor hour; 4 Amend KCC 6.01 - Re: Apprentice Utilization 4. The contractor has demonstrated that is has utilized its "best efforts" to meet the established percentage requirement, but remains unable to fulfill the goal; or 5. In order to meet the requirement, the contractor will be forced to displace members of its workforce. If waiver is appropriate, the director shall prepare a memo to the Chief Administrative Officer or his/her designee outlining the reasons for the requested waiver. If the Chief Administrative Officer or his/her designee authorizes the waiver, the project may proceed without complying with the requirements in KCC 6.01.030(B). The document evidencing the waiver granted by the Chief Administrative Officer or his/her designee shall be maintained with the contract on file with the city clerk's office in accordance with KCC 3.70.050. E. Penalty for noncompliance. 1. A contractor or subcontractor failing to comply with the apprenticeship requirements of this Section 6.01.030 shall be assessed a penalty of $10.00 (ten dollars) for each hour that is not achieved. 2. An appeal of an assessed penalty shall be filed in writing with the Chief Administrative Officer or his/her designee within ten (10) business days of the imposition of penalties. 3. The Chief Administrative Officer or his/her designee shall either affirm, reduce, or reverse the imposition of the penalty based upon the specific facts and circumstances and the existence and extent of any good faith efforts of the contractor to comply with the requirements of this Section 6.01.030. SECTION 2. - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such 5 Amend KCC 6.01 - Re: Apprentice Utilization decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. - Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4. - Effective Date. This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. '"--1) �JRL�� March 5, 2019 DANA RALPH, MAYNJ�� Date Approved ATT T: 7 March 5, 2019 KIMBERLEY KOMOTO, CI CLERK Date Adopted March 8, 2019 Date Published APPROVED AS TO FORM: H -"PA " Z TRICK, CITY ATTORNEY 6 Amend KCC 6.01 - Re: Apprentice Utilization STATE OF WASHINGTON, COUNTY OF KING } AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Polly Shepherd,being first duly sworn on oath that she is the Publisher of the Kent Reporter a weekly newspaper, which newspaper is a legal newspaper of general circulation and is now and has been for more than six months prior to the date of publication hereinafter referred to,published in the English language continuously as a weekly newspaper in King County, Washington. The Kent Reporter has been approved as a Legal Newspaper by order of the Superior Court of the State of Washington for King County. The notice in the exact form annexed was published in regular issues of the Kent Reporter(and not in supplement form) which was regularly distributed to its subscribers during the below stated period. The annexed notice, a: Public Notice was published on March 8, 2019. The full amount of the fee charged for said foregoing publication is the sum of$331.17. Polly Shepherd ,�`� �p LE Publisher, Kent Reporte Subscribed and sworn to me this 8th day of March, 2019. w NpT RY A PUBCI i� '•. 3.2019 O Gale Gwin,NotaryPublic for the State of Washington, Residing � gin Covington,Washington CITY OF KENT NOTICE OF A RESOLUTION AND ORDINANCES PASSED BY THE CITY COUNCIL The following are summaries of a resolution and ordinances passed by the Kent City Council on March 5, 2019. RESOLUTION NO. 1979 - A RESOLUTION of the City Council of the city of Kent, Washington, that: (1) declares approximately 64,737 square feet of land included within the City's Green River Natural Resources Area surplus to the City's drainage utility; (2) authorizes the transfer of that surplus land from the drainage utility to Recreational Adventures Co. for incorporation into its Seattle/Tacoma KOA Campground; (3) conditions that surplus transfer upon the City's receipt of fair market value from Recreational Adventures Co. in the form of land and permanent easement rights of comparable value and necessary for the Lower Russell Road Levee Improvement Project in accordance with the terms of the August 20, 2018, Land Exchange Agreement; (4) authorizes the Mayor to take all actions necessary to remove open space use restrictions from the surplus land to allow for its transfer and use by Recreational Adventures Co. as part of its campground, subject to the approval of King County; and (5) authorizes the Mayor to take all other actions, and sign all documents, deeds, easements, and agreements as may be necessary to fully implement the terms of this resolution and the Land Exchange Agreement between the City and Recreational Adventures Co. This resolution shall take eTlecL wid be in force immediately upon its passage. ORDINANCE NO. 4312 - AN ORDINANCE of the City Council of the City of Kent, Washington, adding a new section to chapter 6.01 of the Kent City Code, establishing apprenticeship utilization requirements for public works contracts of $1 million or more. This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. ORDINANCE NO. 4313 - AN ORDINANCE of the City Council of the City of Kent, Washington, amending various sections of Chapter 13.01 of the Kent City Code, entitled "Fire Codes," to clarify that the authority granted to the Fire Code Official regarding submission of annual confidence testing reports required by the International Fire Code, includes the authority to determine the form and manner in which the reports are submitted. This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. ORDINANCE NO. 4314 AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 9.02 of the Kent City Code, entitled "Criminal Code," to: (i) adopt by reference new civil infractions and misdemeanor crimes enacted by the state Legislature during its 2016, 2017 and 2018 sessions for application and enforcement in the City of Kent; and (ii) make other housekeeping amendments to the criminal code to update changes made to the Revised Code of Washington titles, adopt other misdemeanor crimes that were not previously adopted by specific reference and adopt Class C felony crimes that may be used as a basis to support the crime of criminal attempt or criminal conspiracy, which is punishable as a gross misdemeanor. This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. ORDINANCE NO. 4315 - AN ORDINANCE of the City Council of the City of Kent, Washington, providing for the acquisition of real property and/or property rights located in Kent. This action is being taken in order to establish a Railroad Quiet Zone through the City of Kent. This ordinance provides for the condemnation, appropriation, taking, and damaging of real property and/or property rights as are necessary for this purpose and provides for the payment thereof out of the Quiet Zone Project Fund (R00016/10-3028). This ordinance also directs the City Attorney or designee to prosecute the appropriate legal proceedings, together with the authority to enter into settlements, stipulations, or other agreements, and acknowledges that all of the real property affected is located within King County, Washington. This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. A copy of the complete text of any ordinance or resolution will be mailed upon request of the City Clerk. Kimberley A. Komoto, City Clerk 253-856-5725 CityClerk@KentWA.gov Apartments for Rent Kent Reporter Friday,March 8,2019 9 •,\ King County Legal Notices Legal Notices Legal NKENTotices Legal Notices of fhe City Council of the Russell Road Levee Im- tween the City antl Rec- -- SCenIC Vista city of Kent,Washington, ty City of Kent, Washing- that: 1 P nclanc nt Project t terms reational Adventures Co. ton, amendingvarious Senior () declares ap- cortlance with the terms This resolution shall take sectons of Chapter proximately 64,737 of the August 20,2118, effect and be in force im- 13.01 of the Kent City Apartments square feet of land in- Land Exchange Agree- mediate) upon its as- al estate26404 104th Ave SE of within the City's ment; (4) authorizes the sage. y P p Code, entitled "Fire Kent,WA 98030 Green River Natural lie- Mayor to take all actions ORDINANCE N0. 4312 the oes,"aut to clarify granted i Apartments Now 1 sources Area surplus to necessary to remove -AN ORDINANCE o f the Fire Code Official re- the City's drainage open space use restric- the City Council of the garding submission Of Real Estate ror Rent Available utility; (2)authorizes the lions from the surplus City of Kent, Washing- King count Bea star t&2 BRs, transfer of that surplus land to allow for its ton, adding a new sec- frig urelpor confidence ` y starting at: 6 Announcements land from the drainage transfer and use by Red- lion to chapter 6.01 of the International Fire 1 BR-$946/mo. PROMOTE utility to Recreational reational Adventures Co. the Kent CityCode, es- 2BRs•$1130/mo. GIONAL EVENT state- corporation into itsAdventures Co. oSeat- ground, Of subjects to tfPe utilization aP q��y e, includes the au- chip morry and determineanner the Section 8 accepted. wide with a ENT state- corporation Kto Camp- approval of Kin County; for Income Limits Apply. P pP ' Call Susan About fied listing or$1,575 for ground; (3) conditions and (5) authorizes this tracts uoflc$1w million oor which the reports are n display ad- Call this that surpplus transfer Mayor to take all other more. submitted. -_ Move In Specials! newspaper or 360-344- upon the Ctty's receipt of actions, and sign all This ordinance shall take effect and n in force take 253-520-9876 2938 for details. This ordinance shall lake TDD:711 fair market value from documents, deeds, effect and be in force 30 days from and after i30 ts Recreational Adventures easements, and agree- days from and after its passage,as provided by This Institution is an Equal Legal Notices Co. in the form of land ments as ma be neces- opportunity Provider ano and permanent ease- sa y Passage,as provided by law. Employer ry to fully implement law. ORDINANCE NO. 4314 VALLEY MEDICAL meat rights of com- the terms of this resotu- ORDINANCE N0. 4313 CENTER parable value and nec- lion and the Land Ex- - AN ORDINANCE of totttinuedon District Healthcare essary for the Lower change Agreement be- the City Council of the next page... 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Following Published in the Kent Comments can be sub- i s is a description of the Reporter March 8,2019. miffed to: Renton Kimberley A. Komoto, application and the pro- #847160 -AN ORDINANCE of the City Clerk Cass for review. The a- �-- Department of Ecology City Council of the Ci 253-856-5725 P The City of Kent,220 4th Atm: Water Quality •'ty plication and listed stud- qve S Kent,WA 98032, Program, Construction "' ••• lw_ of Kant, Washington, CityCierk�KentWA.gov 'as may be reviewed at is seeking coverage un- Stormwater 41�-T amending Chapter 9.02 Published in the Kent the offices of Kent Plan- of the Kent City Code, Reporter March 8, nin der the Washington PO Box 47696, Olym- •••'•°•°• '- ••• entitled Criminal Code; #847147 9 Services, 400 W. State Departrnant of pia,WA 98504-7696I�of Kent - to:(I)adopt by reference Gowe Street,Kent,WA. Ecology's Construction Published in the KentM R PROGRAM Spaces 1&2 in lot#680. l l 1 new suit infractions and NOTICE OF DATE OF NOTICE Stormwater NPDES and Reporter March 8, 15, JOBS Asking$12,000 APPLICATION APP I ATION: misdemeanor crimes an. State Waste Discharge 2019.#845485 g new job op for both.OBO. acted by the state L is- A Project Permit gppll- March 8,2019 General Permit. are Full sale rice would be Auto Events/ lature Burin9 cation has been filed APP I A T I O N The proposed project, le with the C' P 8 its 2016, with City of Kent Plan- NAMFJN MBER: City $10,900Aot. Auetlons 2017 and 2018 sessions ty Green River Natural Re. t! We're looking Call(360)478-0724 Abandoned Vehicle for application and en- ning Services. Following SANDHUESHORT PLAT sources Area South ultiple positionsor(360)990.2916forcement in the Ciry o} ni a description ll the Pump Station,is located our Parks De- Auction Every Tuesday Kent;and III)make other application and the pro- SP"2019-4/ at the northwest corner nt for kids and Leave a message. preview 10:OOAM housekeeping amend- c�for review.The ap- KIVA#RPSS-2190794 of 64th Ave South and summerments to the criminal Placation antl listed stud- PRO T D cralp West James Street, in The Pro- at Park. DouTON MCrypt Auction 11:OOAM ies may be reviewed at 71Q>y:The applicant programs al Park. Double Crypt, Lynn's Towing South code to update changes y pro ses to subdivide a Kent in King county. run June 26 - August Upper/Laver. Terrace 835 Central Ave N. made to the Revised the offices of Kent Plan- po This project involves 1.1 16,2019.The job du. Garden Mausoleum Code of Washington ti- ning Services, 400 W. 0.31-acre parcel into two acres of soil distur lance ties for some of these Section with beautiful Kent WA 98032 ties, adopt other misde- Gowe Street,Kent,WA. single family residential far the installation of a I 1 Positions include ac- fountain. Ground level, (253)215-3333 meanor crimes that were DATE OF NOTICE OF lots. The existing house new pump station includ- tivities such as arts Row 'W" not previously adopted APPLICATION: is to be retained on one ing a 24"force main to and crafts,games and Crypt 11.by specific reference March 8,2019 of the lots. Both lots will convey Stormwater from Employment sorts 9 all closing Seller assumes Miscellaneous Autos have direct access off of General o swimming, all closing costs and and adopt Class C fain- A P P L I C A T I O N an existing channel to songs,to name a few. transfer fees. (310)841- ny crimes that may be NAM Ma SHORMBERT 10ve AVE SE. No send the Green River. This 6732, Serious offers ABANDONED used as a basis to sup- SANGHASHORTPLAT sitive areas are located project will also include a CARRIER You must apply online considered. VEHICLE port the crime of criminal SP-2019-2/ on or near the site. The gravity bypass at the He- ROUTES by accessing our attempt or criminal con- KIVA#RPSS-2190641 Property is located at gan Park stormwater lift website at Find your perfect et AUCTION PROJECT D troop 23805 100th Avenue P Special Interest spiracy, which is pun- --- � station to maintain drain- AVAILABLE www.keniwa.gavfjobs P ishable as a gross mis- Il4.bl:The applicant Southeast, is zoned age at the park during in the Classifieds. Towing demeanor. proposes a subdivide a SR-Residential, - Single Family large storm events. As For more information, Irm SoundClassifleds.com 25923 78th Ave S. This ordinance shall take .73-acre parcel into four Residential,and is iden- part of this project, a IN YOUR call(253)856-5270 Kent,WA 98032 effect and be in force 30 single family residential of ied bor as the King County storage garage at the AREA or our Jab Line at days from and after its loth•The existing single- parcel num- new pump station will be (253)856-5272. EveryTLesday passage,as provided b family residence will be bar 1822059057. constructed for Public EOE. at 11 AM law. y retained, while several M- R P RM!T AAD Works equipment stor- Call TodayViewing at 10 AM ORDINANCE NO. 4315 outbuildings will be de- PLANS WHECH MAY RE age The receiving we' (253)854-7240 AN ORDINANCE of molished.A new private REQUIRED: Civil Can- terbody is the Green 1-253-872-6610 Business the City Council of the street is proposed to struction permit, Final River. opportunities City of Kent, Washing- provide access from Short Plat, and Building Best management prat Real Estate Careers s. - Vehicles Wanted ton,providing for the ac- 1 o e Avenue ate The Permits tices will be installed to Earn your real estate quisition of real property Project is located at P B I OMM NT P minimize any polluted license as the market is DONATE YOUR CAR and/or property rights lo- 27509 135th Avenue RIOD March 6,2019- discharge to waters of /I►N�� ���/'�n getting busy! - TO CHARITY. Receive cated in Kent. This ac- SE,which is identified as March 22,2019 the state,and to ensure �rvnA7P�, Live instructed Classes. maximum value of write lion is beingtaken in or- King County parcel num- All Persons may com• �� off for your taxes. Run- control on this application. erosion antl sediment Evening Classes. der to estblish a Rail- bar 6792200140. control standards are Public Works Maintenance Blue Emerald Flea Market rang or not! road Quiet Zone through OTHER P RMIT AND Comments must be in met. The site will be Aide(Seasonal)- Real Estate School, All conditions accepted. the City of Kent. This or- PLANS WHICH MAY RF writing and received in regularly monitored to City of Covington. (253)250-0402. Lawn Mower, $65. Free Pickup.Call for de- dinance provides for the d in Iti D: Wetland Kent Planningg Services comply with the NPDES 3-9 month tlurabon. Scott's Fertilizer Spree tails,855-635-4229. condemnation, appro- delineation and Critical by 4:30 P.M, Friday, construction permit re- $16.56-$19.77/hr er, $25. Hedge Trimmer, priation, faking, antl Areas Review applica- March 22, 2019 at 220 quirements. The project DOO. 4. Electric,Black 8 Decker, tlamaging of real proper- lion, Tree Retention 4th Avenue South, Kent will have a site specific For city application 16 inch& 17!rich,$25 Creating a Classified ty antl/or property rights Plan, Civil Construction WA 98032. For ques- Stormwater Pollution &job description, each. Call: (206) 772- ad IS aS Permit, Final Short Plat, lions regarding this rod easy as are necessary for this P Prevention Plan. lease o to: 6856 purpose and provides for Building Permits Uect.plleaaselcoontaaf t Sara Any persons desiring www.covingtonwa,gov/ �� 1-2-3.4 the a P 8! OMM NT p to present their views City_departments/executwe/ i Wanted payment thereof out -�---F-�-� sullman®kentwa mom" Wanted/Trade 1.Describe The Item. Of the Quiet Zone Pro- RIOD: March 8, 2019 to the Wash!nton personnelandhuman ro senrhe to to March 22,2019 or 253-856-5442. ject Fund TENTATIV MEETING: State uepar[nlen[ of services/toblistingS.php - WANTED: (R00016/10-3028). This All Persons may coin- - --LNG: Ecologyregarding this rncradeimponanr ordinance also directs inert on this application. A Public meeting is TEN- Record LP's,45's, infwmarion about the/rem: 7ATIVELY s b d Milled application,or interest- or call Julie Johnston at Reel to Reel, the City Attorney or de- Comments must be in ---�a--� ad in Ecology's action 253.480,2411.EEDE 8 Track Tapes&CDs. price'ogeirondrrion,sr:e signee to prosecute the writing and received in for 10:00 a.m.on Thurs. on this application, CALL TODAY! andbrcndname. appropriate legal pro- bent Planning Services PublicMme meeting wi9.11 This may notify Ecology in 206-499-5307 ceedings, together with y 4:30 P.M.,March 22, 9 will be writing no later than 30 ' r ' Appliances - 2.IncludeYourPhone the authority to enter into 2019 at 220 4th Avenue held in the Economic days of the last date of Number And Specify settlements, stipulations, South, Kent WA 98032. and Community Devel- publication of this no- NEW APPLIANCES Hours. or other agreements, For questions regarding opment Conference tice. Ecology reviews I ; UP TO 70%OFF You want to make it as easy and acknowledges that this Project, please con- Room at 400 West public comments and I r� } ' All Manufacturer Small ;t as Possible the potential all of the real property tact Jason Garnham, Gowe Street, Kent, WA considers whether cis. Ding's,Dents,Scratches 4,, cost inerforeochyou. affected is located within Planner,at 98032. Please be ad- charges from this pro and Factory Impeder King County, Washing- Iearnham�k ntwa env, vised this meeting date lect would cause a tons * 3.Don't Abbreviate! ton. (253)856-5439. plea subject to change. measurable change in 'Under Warranty' 4 i live UEvr hd to rd an ad This ordinance shall take Published in the Kent Please call to verity receiving water quality, - For Inquiries,Call or Visit '�•7 w/abbsras difficult to effect and be in force 30 Reporter March 8,2019. time and sate at least a and, if so,whether the Appliance Distributors days from and after its #847166 week before the schetl- project is necessar 14639 Tukwila Intl.Blvd. I sacdechet,the time to Passage,as provided by NOTICE OF uled meeting. If you and in the Overriding - 206-244-6966 w°^Tr^ke the timeto figure have any questions, public interest accord- Kenta Trout or Collin ask wharir law. APPLICATION please call Sara Ullman, STAINLESS means.SPELL croup A cop of the complete A Project Permit Appli- Planning Services, ing to Tier II antidegra- ? 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