Section JJ
Section J
Fiddlers Creek MSTU
Proposed annexation to Greater Naples Fire
Rescue
2t24t2015 17.D.
EXECUTIVE SUMMARY
Recommendation to: (1) adopt an Ordinance creating the Fiddler's Creek Municipal
Rescue and Fire Services MSTU, (2) adopt an amendment to Ordinance No.78-49, as
amended, the lsles of Capri Municipal Fire Services Taxing District, to adjust its
boundaries by removing the Fiddler's Creek area within the MSTU, (3) to approve an
lnterlocal Agreement with Greater Naples Fire Rescue Oistrict for providing fire services
to properties within the Fiddler's Creek Municipal Rescue and Fire Services MSTU, and
(4) to request that the Property Appraiser begin to levy the tax millage in the 2016 tax
year once set by the Board of County Commissioners.
OBJECTIVE: To create an MSTU for the purpose of contracting for fire services from the
Greater Naples Fire Rescue District for the residents of Fiddlers Creek who are currently
receiving fire rescue services from the lsles of Capri Fire Rescue District.
CONSIDERATIONS: The Greater Naples Fire Rescue District (GNFD) introduced a Special
Act of the Florida Legislature to annex approximately 280 homes in Fiddler's Creek. The Board
of County Commissioners supported introduction of this legislation, Because of the ttming of the
next general election, this legislation and the associated reduction in property taxes will not
become effective until the 2017 tax yeat. At the Decembet 9, 2014 Board of County
Commissioners' meeting, the Board provided direction to accommodate a citizen's request for
these residents, currently served by the lsles of Capri Fire Rescue District, to be served by the
Greater Naples Fire Rescue District at their current tax rate until the annexation can be
finalized. The method for accomplishing this request is to amend the current boundary of the
lsle of Capri lvlunicipal Fire Service Taxing District by removing Fiddlers Creek, adopting a new
Ordinance creating a Fire Service MSTU for Fiddleis Creek and entering into an lnterlocal
Agreement with the Greater Naples Fire Rescue District allowing it to provide fire services to
Fiddleis Creek.
Notice of these ordinances appeared in the Naples Daily News on Friday, February 13,2015.
The lnterlocal agreement was approved and signed by the Commission Chair of the GNFD on
February 10,2015 for services beginning on October 1, 2015.
FISCAL IMPACT: Loss of these properties will decrease ad valorem taxes to the lsles of Capri
Fire District beginning in FY16 by approximately $120,000, which represents approximately
12% of lhe District's ad valorem collections.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires
majority vote for Board approval.-SRT
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
the Executive Summary.
RECOMMENDATION: That the Board: (1) adopts the attached Ordinance creating the
Fiddler's Creek Municipal Rescue and Fire Services Taxing Unit, (2) an the Amendment to
Ordinance No. 78-49, as amended, the lsles of Capri Municipal Fire Services Taxing District, to
adjust its boundaries by removing the Fiddler's Creek area from within the MSTU, (3) approves
an lnterlocal Agreement with Greater Naples Fire Rescue District to provide service to the
Fiddleis creek MSTU effective october 1 , 2015, and (4) authorizes the chair to make a written
request to the Property Appraiser to begin assessing taxes on the Fiddler's Creek MSTU for the
2016 tax year.
PREPARED BY: Len Golden Price, ASD Administrator
Attachments: (1) Ordinance creating Fiddler's creek MSTU, (2) Ordinance Amending lsles of capri
Municrpal Fire Services Taxing District, (3) lnterlocal Agreement
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2t24t2015 17.D.
COLLIER COUNTY
Board of County Commissioners
ltem Number: t7.L7.D.
Item Summary: Recommendation to: (1-) adopt an Ordinance creating the Fiddler's Creek
Municipal Rescue and Fire Services MSTU, (2) adopt an amendment to Ordinance No. 78-49, as
amended, the lsles of Capri Municipal Fire Services Taxing District, to adjust its boundaries by
removing the Fiddler's Creek area within the MSTU, (3) to approve an lnterlocal Agreement
with Greater Naples Fire Rescue District for providing fire services to properties within the
Fiddler's Creek Municipal Rescue and Fire Services MSTU, and (a) to request that the Property
Appraiser begin to levy the tax millage in the 2016 tax year once set by the Board of County
Commissioners.
Meeting Date: 2124/2OL5
Prepared By
Name: pochopinpat
Title: Administrative Assistant, Administrative Services Department
2l13/2015 8:36:53 AM
Submitted by
Title: Administrator - Administrative Services, Administrative Services Department
Name: Pricelen
211312015 8:36:54 AM
Approved By
Name: Pricelen
Title: Administrator - Administrative Services, Administrative Services Department
Date: 21 13 l20l 5 I 0:38:00 AM
Name: TeachScott
Title: Deputy County Attomey, County Attorney
Date: 21 17 1201 5 2:44:23 PM
Name: KlatzkowJeff
Title: County AttorneY,
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Date: 2l 17 120 I 5 3 :00:50 PM
Name: KimbleSherry
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 2ll7 12015 3: 16:00 PM
Name: Ochsleo
Title: County Manager, County Managers Office
Date: 2ll7 12015 3:30:5 I PM
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2t24t2015 17.D.
ORDINANCE NO. 2015.
AN ORDINANCE PROVIDING FOR TI{E CREATION OF THE
FIDDLER'S CREEK MTNICIPAL RESCUE AND FIRE
SERVICES TAXING UNIT; PROVIDING FOR Tm
BOLNDARIES OF TI{E MSTU; PROVIDING FOR THE
GOVERNING BODY OF THE MSTU; PROVIDING FOR A
PURPOSE; AUTHORIANG A TAX LEVY OF 1.5 MILLS;
PROYIDING FOR BOIJNDARY CI{ANGES; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
PROVIDING FoR CONFLICT AND SEVERABILITY; AND
PROVIDING FOR AN EFFECTTVE DATE.
BE IT ORDATNED BY TIIE BOARD OF COI.INTY COMMISSIONERS OF
COLLIER COLINTY, FLORIDA:
SECfiON ONE: Creation, boundaries.
PursuaDt to Chapter 125 of the Florida Statutes, the Fiddler's Creek Mrmicipal Rescuc
and Fire Services Toring Unit (he "MSTLD is hcreby creatcd for the purpose of providing
fire control service.s to the residents of tre area hereinafter described:
All that land tocated in Collier County, Floride and specifically described as:
The North % (N %) of Section 22, Township 5l South, Range 26 East.
SECTION TWO: Governing Body.
The governing body of the MSTU shall bc ex offtcio the Board of County
Commissioners of Collier County, Florida,
SECTIONTHREE: Purpose.
The MSTU is formed for the purposc of providing and maintaining fue depatnent
servises within the MSTU through an interlocal age€ment with another Fire Service
Agency located within the CountY.
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SECTION FOUR: FuDdirg drd Levy ofTaxes.
For the purpose of implementing this articlq thc Collier Comty Board of County
Commissioncrs shall annually, at the time required by gcncral budgetary law, make an itemized
estirnate of tlrc amoun! of money r,equired to calry out the brsiness of the MSTU for the next
fiscal year, which shall bc from Octobcr I to and including Septembcr 30 following. The
estimatp shall describe the purpose for which the moneys are required and the amount necessary
to be raised by trxarion within ttl€ MSTU. At lhe tisre aud plsc€ for fixing the annual rale of
taxation for couaty purposes, the Board of County Commissioners shall fix and cause to be
levied on all properties within tb€ MSTU, subject to taxation, a millage ratc not to excced 1.5
mils per year.
SECTION FIVE: Bouodary changcs.
The boundaries of this MSTU or the lands included withiu said MSTU may be changed
by an amendment to this Ordinanoe.
SECTION SIX: Inclusion in the Code of Laws and Odinances.
The provisions of this Ordinance shall becomc and bc made a part of thc Code of Laws
and Ordinances of Collier County, Florida, The sections of the Ordinance may be renumbred or
reJeuered to accomplish such. and the word "ordinance" may be changed to *section," "article"
or a.ny other appropriate word.
SECTION SEVEN: Conflict and Severability.
ln the event this Ordinance conJlicts with any othcr ffiin8nc€ of Collier County or any
other applicable law, the more restrictive shall apply. If any ptrase or portion of the Otdinance
is held invalid or rmconstit8ioral by any court of competent jurisdiction, such portion shall be
deerned a s€,paratt, disinct and indepcndent provisioa and such holding shall not affect the
validity of thc remaining portion.
SECTIONNINE: EFFECTIVEDATE
This Ordinance shall be come efective upon filing with the Department of State,
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PASSED AI{D DULY ADOPTED by the Bomd of Corurty Commissioneru of Collier
County, Florida this
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day of 2015.
ATTEST:
DWIG}TT E. BROCK CLERK
BY:BY:
Dcputy Clerk
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Dcputy County Attorney
[ 14-MG R-002 69 I !150//-7 I Ll
2t24t2015 17.D.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
TIM NAtlCE, Chairman
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oRDINANCE NO 2015-_
AI.{ ORDINANCE PROVIDING FOR TTIE AMENDMENT OF THE
ISLES OF CAPRI MI.'NICPAL RESCUE AND FIRE SERVICES
TAXING DISTRICT; AMENDTNG COLLIER COUNTY CODE OF
LAWS AND ORDINA}.ICES SECTION 122406, CREATED
BOI'NDARIES, TO REMOVE FIDDLER'S CREEK FROM WITHIN
THE MSTU'S BOUNDNRIES; PROVIDTNG FOR INCLUSTON IN
THE CODE OF LAWS AND ORDINANCES; PROVIDTNG FOR
CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Section l?2-610 of the Collier County Code of Laws and Ordinances,
prcscntly provides that the boundaries of the Isles of Capri Mrmicipal Fires Services' Taxing
Distict may be changed by an amendment to the ffiinance; and
W1IEREAS, on Novernba 4,2014, as a result of a referendurn presented to the voterc
in the East Naplcs and Golden Cate Firc Districts, those independe,nt fire disticts were
merged to create the GreaterNaples Fire Rescuc District; and
WHEREAS, the Cotlier County Board of County Commissionen &s the governing
body of the Isles of Capri Mrmicipal Rescue and Fire Services Taxing District wishes to
change the boundaries of the Isles of Capri's MSTU Disrict by removing Fiddler's Creek
from within that MSTU's existing boundaries, and provide for fire services to the residents of
Fiddler's Creek by establishing a nelv, separate MSTU and entering into an lnterlocal
Agreement whcreby the Greater Naples Fire Rescue Distict would provide fire and rescue
services to the residents of Fiddler'g Creek.
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2t2412015
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COI.JNTY, FLORIDA, that Section 122.606 Of thc
Collier Cormty Code of Laws and Ordinances is amended as follows:
SECTION ONE:
Sec. 122-606. Create4 boundaries.
(a) Prusuant to F.S. ch- 125, the Isles of Capri Mrmicipal Rescue and Fire Services
Taxing Disticts is hereby crcated for the purpose of providing rescue and ftre
coutol scrvices to the residents of the area hereinafter described:
(b) All that land located in the county and specifically described as:
Sections 19,20, 21,22,27,28,29,30,31,32,33 and 34 of Township 51 South,
Range 26 East, and those portions of Sections 4, 5 and 6 of Township 52 South
Range 26 East, wtrich lie north of the Marco River. Less the North % (N %) of
Section 22. Townshio 51 Souttu Rgngq,26 Esst.
SECTION TWO: INCLUSION IN TIIE CODE OF LAWS AND ORDINAI{CES
The provision of this Ordinaace shall become and be made part of the Code of Laws
and Orrdinances of Collier County, Florida. The sections of the ffiinance may be
renumbered or re-lettered to accomplish such, and the worrd "ordinance" may be changed to
"section " "artiole," or aoy other appropriate word.
SECTION THREE: CONTLICT AND SEVERABILTTY
In the event this Ordi'rance conflicts with any other Ordinance of Collier County or
any other applicable law, the more restrictive shall apPly. If any phrase or portion of the
Ordinance is hetd invalid or unconstitutional by any court of competent jurisdiction, such
portionshallbedeemedas€periate,distinctandindep.errdentprovisionandsuchholding
shall not affect the validity of the rcmaining portion.
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SECTION FOUR: Etr'FECTM DATE
This Ordinance shall be come effective upon filing with the Departnent of State'
PASSED AND DULY ADOPTED by the Board of County Commissionen of Collier
County, Florida this
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daY of
ATTEST:
DMGHT E. BROCIq CLERK BOARD OF COI.JNTY COMMISSIONERS
OF COLLIER COI.]NTY, FLORIDA
BY:BY:
Deputy Clerk TIMNAI.{CE, Chairman
Scott R Teach, Deputy County Attomey
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2t24t2015 17.D.
INTERLOCAL AGREEMENT FOR FIRE AI{D RESCUE SENV|CES
This A8reement, made and entered into this
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of 2015 by and between the Board of
County Commiss'roners of Colller County, Florida, as the Governing Board of the Fiddle/s Creek
Municipal Rescue and Fire Servlces Taxing Unit (the "MSTU") (hereinafter collectively referred to as the
"COUNTY'), and the Greater Naples Flre Rescue Oistrict, whose District Headquarters is located at 14575
Collier Boulevard, Naples, Florida 34u9, (hereinafter referred to as "GNFRD").
WHEREAS, it is the desire of the COUNTY to provide llre protection to the Fiddle/s Creek Municipal
Rescue and Fire SeNices Taxing Unit in Collier County, Florida, as more specificalty identified in the
Service Area map attached hereto as Exhibit "A;" and
WHEREAS, the COUNTY desires to provide said fire protection to a portion of unincorporated Collier
county by agreement with the GNFRD to provide such servicet and;
WHEREAS, the above referenced portion ofthe COUNTY shall hereinafter be referred to as the'Service
Area," as further delineated on the Service Area map attached as Exhibit 'A." The Service Area shall be
within the following boundaries: The North N (N X) ofSection 22, Township 51South, Range 25 East.
NOW THEREFORE,
ln consideratlon ofthe mutual covenants contained herein the parties hereby agree as follows:
1. TERM OF AGREEMENT: This Agreement shall commence on October 1, 2015 and will continue
for a period of three (3) years ending on September 30, 2018. Thereafter, this agreement may be
renewed for three (3) additional one (1) year terms under the same @venants, terms and conditions,
unless either party desires to terminate or renegotiate this agreement. ln the event either party desires
to terminate or reDegotiate this agreement, it shall provide written notice of its intention to the other
party not less than ninety (9O) days prior. lf the GNFRD terminates, the GNFRD will contlnue such service
for a reasonable period of time to allow the COUNTY to provide alternative flre and rescue protection.
The maximum length of such reasonable period shall be slx {5} months after the termination of the
Contract by the GNFRD. Payment for services durln8 the six (5) month period beyond the expiration date
will be based on the monthty prorated amount of the annual contract period. ln the absence of the
nlnew (90) day prior written notice of intent to terminate the Agreement by either party, the Contract
shall continue in forEe until writen notice ls Blven, or until the Contract is reneBotiated on terms
mutually agreed upon by the parties.
2. TERMS OF PAYMENT: The COUNTY agrees to pay the GNFRD for the provislon of the services
contained within Section 3 "seNice Leryel," in two separate payments durlnB each fiscal year this
aBreement is in effect. The County will remit the first payment durln8 the month of APril, prior to April
301 and the second payment durinB the month of September, prior to the close of the fiscal year on
September 30tr. The payment amount shall be that sum collected annually from the adopted millage
rate for the Fiddle/s Creek Munlclpal Rescue and Fire Services Taxing Unit, as s€t by the Collier County
Board of County Commissioners, minus any administrative fees, and net of costs required to be paid to
the property appralser, tax collector as well as any other associated fees and cost. The millage rate set
by the Board of County Commissioners each year will equal that whlch is levied by the GNFRD and is
subiect to the ordained millaBe caP for the MSTU.
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tat*locol FtreResate - Fiddler's Creek MSTTI Fi'e Districl
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2t24t2015 17.D.
Each year of the Agreement, COUNTY will notify the GNFRD of the adopted annual millate rate in
September; wlth notice of the adopted annual mlllage rate in a form conslstent with Exhibit "8" which
states the current adopted millage rate.
3. SERVICE TEVEL: The GNFRD atrees to provide fire protection and rescue services to the Service
Area at the time of any emer8ency call. All decisions on manpower and equipment will be made by the
GNFRD Flre Chief, or In hls absence, by one of his assistants. The GNFRD shall perf,orm the s€rvices wnh
modern firefightlng practlces and consistent with the s€rvlces Eenerally being provided to its other
service areas. Fire protect'ton and rescue services provided by the GNFRD will include all emergenry and
non-emergency services normally performed by the Fire Department, including all those services
required by law. This Agreement does not alter any existint Mutual Aid Agreement(s) or the Counqy's
Comprehenslve Emergency Management Plan between the GNFRD and COUNw.
4. COMMAI{D AT FIRE SCE E: The 6NFRD Fire Chief, or in his absence, one of his assistants, shall
assume control and responsibility of all fire or other applicable emerBencies in the Service Area where
the GNFRD has responded.
5. EQUIPMENf A D PERSONNEI3 The GNFRD shall maintain equipment and personnel necessary
to provlde adequate fire protection and rescue services to the seNice area. The GNFRD shall be
responslble for properly training all of said personnel.
6. RECORDS: The GNFRD agrees to maintain records on all responses and provide statistics as
necessary.
7. BREAClI OF CONfRACr: Non-compliance with any provision of this Agreement by either party
shall constitute a material breach. The breachinS party shall have seven (7) days after receipt of written
notice of any breach to correct that breach, or if corrections cannot be made within the seven (7I day
period, a reasonable agreed upon time shall be given to cortect the breach. ln the event the breach
cannot be cured within such time pedodt the non-breaching party may declare the contract
termlnated, and shall so notify the other party ln wrlting. ln such event, an adjustment in the contract
payment shall be made based upon a monthly-prorated amount of the annual contract payment.
8. CONSEIIT OF THE PARTIES: The GNFRD hereby agrees not to enter into a contract for fire
protection and rescue services with any individuals or or8anizations within the service area of Collier
County without the written consent of the COUNTY.
9. INDEMNITY AiID INSURANCE:
A. INDEMNIFICATION. While operatlng under the terms of this Agreement, each Party
shall bear liabillty as provided by applicable law and the terms of this Agreement. Each Party shall be
llable for its own actlons and negllgence and, to the extent permltted by law each Party shall Indemnify,
defend and hold harmless the other Party against any actions, claims or damages arislng out of their
negllgence ln connection with the performance of the AEreement. The foregolng indemniffcrtlon shall
not constitute a waiver of sovereiSn immunity beyond the limits set forth in Section 768.28, Fla. Stat.,
nor shall the same be construed to constitute aBreement by either Party to lndemnlfy the other Party
for such other Parvs ne8ligent, willful or intentional acts or omlssions.
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Inlerl@al FirelRetc,re - Fiddler's Creek MSTU Firc DisFict
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B. LtABltrry tNsuRANcE. The GNFRD covenants to keep in force durlng the perlod of this
agreement adequate pubtic liablllty lnsurance and property damage lnsurance.
10. NON-AppROpRnnoNs CIAUSE: tf for any reason the GNFRD or COUNTrS governing
body does not approve the funds to implement this contract in any glven fscal year, the contract shall
be null and void.
11. NOTIGES: Any notlces permitted or reguired by this Agreement shall be in writing and
submitted by certified mall, retum recelpt requested, to one of the followirg addresses, as appropriate
a) Notlces from the GNFRO to the COUNTY shall be sent to: Leo E. Ochs, Jr., County
Manager,3299 E, TamlamiTrait, Building F, Sulte 202 Naples, Florida 34112.
b) Nothes from the COUNTY to the GNFRD shall be sent to: Chief Kingman Schuldt, 14575
Collier Boulevard, Naples, Florlda 34119.
lN W|TNESS WHEREOF, the parties hereto, through their duly authorlzed representatives, hav€
executed thls lnterlocal Agreement for Flrc and Rescte Seruices.
The Grcater Naples Flre Ressuc Dlstrlct Board of County Commlssloner
Cotller County, Florlda, as tte ex offlclo
Gov:rnh; Body of thc Flddls/s Oeek
Munlclpal Rescue and Flrs Scrulces Taxlng Unlt
, Chalrman
Attest:
Duright E. Brock, Clcrk of Courts
,Dcputy Clerk
By:
By:
Approved as to form and legalitY: 7t ,Y, @)
Scott R. Teach,
Deputy CountY AttorneY
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Iucrlx,al Fbt/Rctc,ac - Fiiller's Crce* MS|U Fire Ds'rict
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Exhibit "A"
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.i*rcav**y
Exhibit "B"
The FY z}|_adopted millage rate for the Fiddler's Creek MSTU Fire Disuict
is $ per $1,000 of taiable value. This rate is set by the Collier County
Board of County Cornmissioners annually subject to the ordained millage cap for
this District.
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32D D Friday, February13,2015 D NAPLES DAILY NEWS
. .NgTlCE oF INTENTTO CONSIOER ORDINANCES
on Tuesday, Feb oom, 3rd
ino. Collier'Coun Tamiami
he-'Board of cou consider
Ordinances. The :00 A,M.
dinances are as fol
ENT OF THE ISLES OF CJPRI
DISTRICT; AMENDING COLLIER
SECTION'122-606, CREATED
FROM WITHIN THE MSTU'S
THE CODE OF LAWS ANO
EVERABILTTYI AND PROV]DING
FOR AN EFFECTIVE DATE.,&
PROVIDING FOR AN EFFECTIVE DATE.
Cooies of the orooosed Ordinances are on Iile wlth the Clerk.to the Board and are
"J5iii,t" toiinipe&ion. All interested parties'are invited to attend and be heard'
nOtr, O,, a
Countv ad a
lndividual a
.individual recoonized S
alloded 10
p qoard agenda
p the resDective
p idered bY the
B of seven daYs
P the Board will
b
Anv oerson who decides to apperl a decision of the Board will need a record of the '"i&JJi"ot oirtuininq til"reici and therefore, may need to ensure that a verbatim
Li"i^i?'tnE-pioceedirigs 'rs made, which rdcord'includes testimony and evidence
upon which the appeal is based.
n order to
e provision
anagement
W, Naples,g imPaired
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIM NANCE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jenne,iohn, DePutY Clerk
(sEAt)
i-a_-iirliru re "01s No ^0482sa
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