BCC Minutes 05/27/1986 R
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Naples, Florida, May 27, 1986
LET IT BE REMEMòERED, that the Board of County Commissioners in
and for the County of Collier, and also acting as the Board of Zoning
Appeðls and as UIE:: yoverning bOllrd(b) of such 3peLial districts as
have been created ðccording to law and having conducted buoiness
herein, met on this date ðt 9:00 A.M. in REGULAR SESSION in Building
"F" of the Courthousr. Complex, East Naples, Florida, with the
following membere present:
CHAIRMAN. John A. pistor
VICE-CHAIRMAN: Anne Goodnight
Frederick J. Voss
Max A. Hasse
C. C. "Red" Holland
ALSO PRESENT: James C. Giles, Fiscðl Officer; Maureen Kenyon,
Deputy Clerk¡ Donðld B. Lusk, County Manager; Neil Dorrill, Assistant
County Manager¡ Tom Olliff, Administrative Assistant to the County
Manager¡ Ken CuyJer, County Attorney; Tom Kuck, Public Works
Administrator¡ Vickie Mullins, Community Development Administrator;
Ann McKim, Planner; Tom Crandall, Utilities Administrator¡ Mike
McNees, Admi~istrative Assistant to the Utilities Administrator; Dave
Pettrow, Zoning/Planning Director; John Boldt, Water Management
Director¡ Sherry Rynders, Risk Manager; George Archibald,
Transportation Director; George Mellen, Engineer¡ Jim Bailey, Zoning
Investigator¡ Tim Vanatta, Parks & Recreation Director¡ Su~ Filson,
Secretary to the Board; and Deputy Chief Ray Barnett, Sheriff's
Department.
mK G94-w.r4.03
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May 27, 1986
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AGB1íDA - APPROVED AS PRESENTED
Commissioner Voss moved, aeconded Þy Commissioner Hasse and
oa.,:,ried unanimously, that the agenda be approved as presented.
Ite. f2
MINUTES OF APRIL 29, 1986 - APPROVED AS PRESENTED
Commissioner Voss moved, seconded by Commissioner Hasse and
oarried unanimously, that the minutes ot April 29, 1986, be approved
.s presented.
Ite. f3
PROCLAMATION DESIGNATING JUNE 5, 1986, AS "PROJECT GRADUATION DAY" _
ADOPTED
Commissioner Goodnight moved, seconded by Commissioner Vosa and
oarried unanimously, that the proolamation designating June 5, 1986,
aa "Project Graduation Day" be adopted.
Page 2
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"t'-':¡{;~C~T~~Jf DBSIGNATING JUNE 1-7, 1986, AS "NATIONAL SAP'! BOATING
' -~' WBBIt" - ADOPTBD
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May 27, 1986
Commissioner Pistor moved, seconded by Commissioner Hasse and
carried unanimously, that the proclamation ðesignating June 1-7, 1986,
as "National Sate Boating Weelt" be adopted.
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May 27, 1986
It:.. IS
ORDINANCE 86-23 RB PDA-85-15C, RONALD MILES , ANDREW SMITH REQUESTING
AN AMENDMENT TO SABAL LAXBS PUD - ADOPTED SUBJECT TO STIPULATIONS
Legal notice having been published in the Naples Daily News on
April 25, 1986, as evidenced by Affidavit of Publication filed with
the Clerk, public hear.ing was opened to consider Petition PDA-85-15C,
filed by Wilson, ~,ller, Barton, SolI & Peek, Inc., representing
Ronald Miles and Andrew Smith, requesting an amendment to Sabal Lakes
PUD by changing the principal uses and structures from townhouses and
multi-family dwellings to single-family zero lot line patio homes and
cluster single-family dwellings; changing the minimum lot requirements
and other incidental changes for property located on the south side of
Radio Road, approximately 1/2 mile east of Santa Barbarð Boulevard in
Section 4, Township 50 South, Range 26 East, on Zoning Map 50-26-2.
Planner McKim stated that lands to the north, acros~ ~adio Road
are zoned PUD, which is Berkshire Lakes and Green Heron¡ lands to the
east are zoned A-2¡ lands to the south are zoned PUD, which is
Wildwood Estates¡ and lands to the west are zoned PUD, which is
Eastridge. She noted that the surrounding lands are undeveloped. She
indicated that the proposed amendments will not increase the density
of the PUD and the proposed dwelling types are compatible with the
adjacent approved developments. She stated that Staff and all
appropriate County agencies reviewed this petition and had no objec-
tion to its approval subject to amendment of the PUD documenl per the
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May 27, 1986
staff report dated March 13, 1986. She reported that the original PUD
WðS approved in May, 1982, and at the CCPC public hearing on March 20,
1986, they unanimously recommended approval of this petition subject
to staff stipulations with stipulation "h" being deleted. She
reported that one person spoke in opposition to the Petition at the
CCPC hearing and no cne spoke in favor and there was no correspondence
received. She no ~d that Staff is recommending approval subject to
amendment of the PUD document.
Mr. Alan Reynolds of Wilson, Miller, Barton, SoIl & Peek, Inc.,
stated that zero lot line is a technique where you design a unit to
fit to the lot line and in that way you open up more additional space
on the other side and the unit is designed so that it orients toward
the other side of the lot. He noted that with a zero lot line there
are no units that are adjacent to each other. He stated that this
type of unit has been approved in several projects, including Foxfire,
and it is one that permits a single family home as an alternative to a
multi-family condominium.
commissioner Voss moved, seconded Þy Commissioner Holland and
carried unanimously, that the pUÞlio hearing be olosed.
Commissioner Voss moved, seconded by Commissioner Holland and
oarried unanimously, that the Ordinance as numbered and entitled Þelow
be adopted and entered into Ordinance Book No. 23 subject to amendment
of the PUD document:
"
~OD( 094~~~; 415
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BOO( 094 ".$-,~416
May 27, 1986
ORDINANCE 86-23
AN ORDINANCE AMENDING ORDINANCE 82-41, SABAL LAKE
PLANNED UNIT DEVELOPMENT ORDINANCE; AMENDING THE
EXISTING SABAL LAKES P.U.D. BY AMENDING SECTION I,
STATEMENT OF COMPLIANCE; AMENDING SECTION II,
STATEMENT OF INTENT; AMENDING SUBSECTION 3.1,
PROPERTY OWNERSHIP¡ AMENDING SUBSECTION 4.2,
GENERAL; AMENDING SUBSECTION 4.3, PERMITTED USES
AND STRUCTURES¡ AMENDING SUBSECTION 4.4, PERMITTED
NUMBER OF DWELLING UNITS¡ AMENDING SUB-SECTION 4.5,
MINIMUM YARD REQUIREMENTS; AMENDING SUBSECTION 4.6,
DISTANCE BETWEEN STRUCTURES; ,AMENDING SUBSECTION
4.7, MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES;
AMENDING SUBSECTION 4.8, MAXIMUM HEIGHT OF
STRUCTURES¡ AMENDING SUBSECTION 4.9, MINIMUM
OFF-STREET PARKING; AMENDING SUBSECTION 5.2,
TRAFFIC IMPROVEMENTS; AMENDING SUBSECTION 5.4, PUD
MASTER DEVELOPMENT PLAN; AMENDING THE SABAL LAKES
P.U.D. MASTER PLAN¡ AND PROVIDING AN EFFECTIVE
DATE.
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PUBLIC PETITION BY GEORGE ItING RE BEACHWALIt DEVELOPMENT. STAPP
DIRECTED TO NOT ISSUE ANY PERMIT FOR THE WALL FOR SAID DEVELOPMENT
UNTIL JUNE 17, 1986, UNTIL COUNTY ATTORNEY HAS HAD OPPORTUNITY TO
INVESTIGATE THE MATTER. STAFF DIRECTED TO LOOK AT THE OVERALL
DRAINAGE POR PAVILION, BEACHWALX, AND NAPLES PARX AND ALSO INVESTIGATE
IF PROPOSED WALL WILL HAVE ANY EFFECT ON SAID DRAINAGE AND REPORT DACK
TO THE BCC ON JUNE 17, 1986
Mr. George King stated that approximately 3 weeks ago he called
Commissioner Vos: to obtain information on the Beachwalk Development,
adding that the residents of Naples Park do not want to increase the
area of flooding and this development will do such a thing. He noted
that the development will have a wall that runs 3/4 of a mile on the
south side of Naples Park parallel to 9lst Avenue near the Beachwalk
property line, adding that there were no objections to a wall that
would be compatible with a respectable neighborhood but there were
objections to a prison wall. He noted that the wall is degrading and
blocks the view of the residents, which may be illegal. He submitted
petitions with 410 signatures objecting to the Beachwalk Development.
He stated that if this is allowed over their objections and Naples
Park is subjected to additional flooding, they will bring a class
action lawsuit against the County for damages.
Mr. Anthony Maiale stated that the Naples Park area was developed
in the 19S0's and at that time, a decision was made by the County
Commis~ioners to install a delayed 'drainage system in the area. He
stated that this was flawed decision because it is not a drainage
system, it is a holdup system. He noted that water flows east and
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May 27, 1986
west on the Avenues and flows north and south on one side of the
streets and south on the other side of the streets. He noted that
when water tries to get from the high points to the streets, it gets
impounded and held up and consequently it takes days for the heðvy
rainfall to reach the ditch at 9lst Avenue that will drain it to the
Vanderbilt Lagoon
He stated that he would like to see this area
brought up to minimum code requirements, which would mean taking the
water out from a five-year storm in a reasonable time. He stated that
a survey needs to be made and the streets, gutters, ditches and Avenue
swales need to be redone in accordance to a plan that will drain the
area. He noted that the water does not move south fast enough to the
ditch on 9lst Avenue and must be made to move faster. He stated that
once this is done, there may be room in the ditch for drðinage from
other areas.
Mr. Glenn Jones stated that he has seen flooding along 9lst Avenue
close to U.S. 41 and the water has stood for three days at a time
along that area, adding that one of the causes is the Pavilion
Shopping Center, and the Beachwalk Development will be adding their
water to the same area. He stated that at this point, he sees no
other choice but to get flood insurance which he has never needed
before. He noted that the future problems will be caused by the
Beachwalk Development.
Mr. Redmond Jones stated that he agrees with the previous speakers
and all the residents are behind the previous speakers, lOOt.
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Mr. Don Swan indicated that he will be looking ðt a wall instead
of the beautiful scenery that he once had.
Mr. Dennis Hill stated that he called the County offices about a
month ago when the heavy earth equipment started filling in an area
across from his home. He stated that there has always been water in
the area and by putting fill on the property across from his home, it
is going to cause more flooding for him as there is no place for the
water to go.
Mr. George Archibald, Transportation Director, stated that there
are a number of ðreas in Naples Park that are inundated during certain
storms that exceed a five year rainfall, adding that the County has
been trying to improve the outfalls. He noted that there is an out-
fall to the north and one to the south that are being improved and he
is adding outfalls under Vanderbilt Drive.
Tape f2
Mr. Archibald stated that the County recognizes that there is a
problem, noting that there are 47 miles of roadside ditches in Naples
Park and obviously that is the only retention/detention flow away
system that there is in Naples Park. He stated that it is very criti-
cal that the outfalls be improved and maintained to handle any
increased flows. He stated that if the Boardwalk Development does
discharge water into the 9lst Avenue or 92nd Avenue ditch, than the
ditch should be increased in size and the drainage pipes in the ditch
under the crossroads should also be increased. He stated that there
'OM 0941)~'423
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May 27, 1986
would be improvements as a result of increases in pipe sizes by the
Developer and any improvements that the Beachwalk Development makes
will help control when the water is released and hopefully, it will be
allowed to be released only during the periods when the outfall from
Naples Pðrk has receded and the initial flows have occurred.
Mr. John Boldt, Water Management Director, stated that the system
was designed by Bruce Green & Associates for the Beachwalk Development
project, adding that all the necessary boards have approved this,
noting that there has to be extensive field surveys done, computations
and computer runs to prove that the system will work. He stated that
this tract of land is divided into two basins, one on the east side
that covers Lake "A" which handles all the drainage around the area and
will discharge through a controlled structure that is designed for a
2S-year, 3-day storm and will limit the flow. He noted that everything
else up to that point will be retained on site in Lake "A". He noted
that the water will go north across 9lst Avenue into the swale between
92nd Avenue and 9lst Avenue on the down side of 7th Street and will go
to the west from there. He noted that the other part of the site is
on one basin which is Lake "B" and discharges west into Lake "C" and
then goes into low lands along Vanderbilt Drive, which is the natural
retainage area, noting that at this point, there is a control struc-
ture on 9lst Avenue that discharges north into the swale. He stated
that there are at least 4 controlled discharge structures on the site
and sufficient amount of retention on the site to hold the 2S-year,
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Mðy 27, 1986
3-dðY storm. He stated that if it is properly designed ðnd
constructed, it should provide the protection that he feels is
necessary ðnd would meet the requirements of the County and South
Florida Water Management District.
In answer to Commissioner Fistor, Mr. Boldt indicated that the
structures are cootrolled concrete structures with v-notches and a
crest set at a purticular elevation to hold the water back to a pre-
development disc~·rge.
Commissioner Hasse questioned what type of wall is going up, to
which Commissioner Voss stated that it is a 6 foot masonry wall which
runs from the south side of 9lst Avenue along the development, adding
thðt it is for aesthetic purposes and privacy.
Community Development Administrator Mullins stated that in terms
of the wall, she understands that there is going to be a security
controlled community, which means that there will be a gate and it is
their option to have a 6 foot solid wall.
County Manager Lusk questioned if the developer has met all the
ordinances and the regulations, to which Ms. Mullins replied affir-
matively. He then questioned if the Commission would be able to pre-
vent the wall from being built, to which Ms. Mullins stated that it is
provided in the zoning ordinance that residential districts can have
walls, they can be 6 feet tall, théy can be built out of brick, block,
or whatever, and the developer is simply abiding by the Ordinance.
Commissioner Voss questioned if riparian rights would apply to
this or only to waterfront property, to which County Attorney Cuyler
~OOK 094 rJ~! 425
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May 27, 1986
stated that he has never seen a case where a 6 foot fence would be
considered such a hinderance that it would give rise to a cause of
action for lack of view. He noted that as far as the Ordinance is
concerned, if someone complies with it, they are allowed to build a
solid wall 6 feet high.
Planning/Zoni¡ J Director pettrow stated that the Developer has not
yet applied for a permit for th& construction of the wall. He stated
that on May 23, 1986, he talked with a representative of the Beachwalk
Development concerning the height of the wall, noting that he was told
that they would abide by whatever is in the ordinance.
Mr. Cuyler stated that the -only thing that could be involved with
this wall is that there is a certain amount of discretion in deter-
mining where the bottom of the wall lies, adding that they are not
able to artificially raise the grade in order to place a 6 foot fence
there. He stated that they are allowed to fill their property to meet
" the appropriate requirements.
Commissioner Voss stðted that the only thing that the County could
do to prevent the wall from being erected would be to change the
ordinance which would take several months. Mr. Cuyler stated that the
Commission could direct him to get in touch with the Developer to
discuss the matter.
Pictures were submitted by residents of Naples Park showing
various streets that have been flooded.
Commissioner Voss stated that the Water Management Department has
indicated that there will be control structures which will detain the
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May 27, 1986
water until it reaches a maximum 2S-year, 3-day storm, adding that
there has been a drainage problem in Naples Park for a long time. He
stated that a few years ago, the Engineering Department did a study
and prepared a drawing of a system to correct the drainage problem and
an estimate of th~ cost. He noted that this was submitted to the
Homeowners ^ssociati¢n in Naples Park, but it was felt that the cost
was prohibitive ðS far as they were concerned and, therefore, nothing
was done. He stated that there is a problem and it can be alleviated,
not corrected, but it will require a special assessment district in
order to do it.
Commissioner Pistor questioned if a hold could be put on the per-
mit until this matter is settled, to which Mr. Cuyler stated that he
would appreciate the Board giving him some time to check into the
matter and he would report back in a week.
Commissioner Pistor stated that he would request th~t for at least
a week that no permit be issued for a wall at this development until
the County Attorney has a chance to investigate to see if anything can
be done to alleviate the concerns of the people and make sure that if
a wall goes up, the drainage will be corrected or straightened out.
Commissioner H¢lland stated that the Developer may not be aware
that there is a problem with the residents of Naples Park regarding
this wall, adding that he is sure ~hat the Developer would not want
all of Naples Park upset with him.
commissioner Voss moved, seconded by Commissioner Hasse and
oarried unanim~usly, that statt be directed to withhold the permit tor
&OD( 094 nr,~ 427
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'01)( 094 w~. 4.28
May 27, 1986
the wall until June 17, 1986, in order to give statt and the
Attorney's ottice a ohance to check the legality of the matter.
Mr. Cuyler stated that the Board's direction is not simply that
someone who is legally allowed to come in and get a permit cannot get
a permit, that there are water retent~on, flow and drainage con-
siderations, all ·f which the Board would like the Staff to double
check prior to the issuance of the permit.
Commissioner Voss questioned if the drainage from the Pavilion
flows into the 9lst Avenue swale also, to which Mr. Kuck replied affir-
matively, adding that there is a retention lake up there which is for
a 25-year, 3-day storm and has been installed for about 3 yeðrs.
Commissioner Voss stated that the Pavilion should be considered a
part of the problem and should be included within the overall drðinage
areð.
Mr. Kuck stated that if the residents of Naples Park would like
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the County to proceed with an assessment district, it would be his
recommendation that the Beachwalk Development and the Pavilion be
included in the district and if any improvements were made, they would
be responsible for their fair share of the improvements made along
9lst Avenue. He noted that the assessments on a per lot basis may be dif-
ferent than what the Naples Park area would be, because they have
already provided the lake retention areas, but he would want to look
at the Pavilion, Beachwalk Development, and Naples Park as one
assessment district. He stated that in order to get this project ini-
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May 27, 1986
tiated, the residents of Naples Park could petition to heve this done
which would take 50\ of the property owners plus one to stert this as
en assessment district or the Board could vote on the matter and ini-
tiate an assessment district.
Tape f3
Commissioner Voss moved, secondea by Commissioner Goodnight and
carried unanimou, ly, that Staff be directed to study the feasibility
of an overall comprehensive drainage plan for the area of the
Pavilion, the Beachwalk Development ana Naples Park, and return to the
Board on June 17, 1986, with a report, and also determine if the pro-
posed wall will have any effect on the drainage.
***** Recess: 10:10 A.M. - Reconvened: 10:15 A.M. *****
Item t7
COUNTY MANAGER AND COUNTY ATTORNEY TO MEET AND NEGOTIATE A LEASE WITH
HR. ROBERT ItURN AND ATTY. DAVE BRUNER REGARDING THB LEAS~ AT THE
IMHOltALEB AIRPORT WITH FLORIDA AEROLIGHTS, INC. AND REPCIRT BACIt TO THE
BCC IN TWO BEltS
Public Works Administrator Kuck stated that the objective of this
item is to deny the execution of e second lease agreement between the
Board and Florida Aerolights, Inc., adding that on March 11, 1986, the
.
Board cancelled the Lease Agreement with Florida Aerolights, Inc. at the
Immokele~ Airport because of violetions in the Lease Agreement. He
noted that such violations included Florida Aerolights not complying
with all laws, ordinances, rules a~d regulations governing the
,Airport¡ Florida Aerolights constructing several buildings without
800K 094 FAr.t 42,9
Page 15
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M/lY 27, 1986
prior approv/ll of the County or receiving building permits: Florida
Aerolights occupying the premises without sufficient insurance
coverage! and Florida Aerolights /lcting as an authority on the Airport
traffic patterns without the proper clearance from the County or the
F.A.A. He noted ~hat all these violations were reviewed by the County
Attorney prior t~ the lease being cancelled. He noted that at the
Board meeting on March ll, 1986, Staff was directed to allow Florida
Aerolights 60 days to renegotiate the le/lse agreement providing that
sufficient insurance certific/ltes were supplied to the County Risk
Manager and th/lt all violations were corrected. He indicated that on
April 15, 1986, a letter was sent by Mr. Robert Kuhn 810ng with a pro-
posed lease written by himself and his attorney, which included stipu-
l8tions that Florida Aerolights requested of the County which were
violations of the County's zoning ordinances, adding that since the
County C8nnot violate its own rules 8nd regulations, the lease
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agreement is totally unacceptable. He reported that included within
the lease there was a stipulation that allowed the mobile home owned
by Florid8 Aerolights, Inc. to remain on the property for use as ð
pilot's lounge, temporary office, etc., which is in violation of the
Building and Zoning codes and has been repeatedly exp18ined to Mr.
Kuhn. He stated that other violations included overnight occupancy
for security, cookout and picnic facilities, 8nd portable h8ngars.
Sandra Schoelzel, Real Property Supervisor, stated that Mr.
Reipeke met with Mr. Kuhn to discuss the lease in the latter part of
Page 16
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May 27, 1986
April, and on May I, 1986, Mr. Kuhn stated that he was still
interested in leasing. She noted that on May 5, 1986, she submitted
the lease that Mr. Kuhn had presented to her to Assistant County
Attorney Weigel. She stated that due to the lease being totally
incorrect, there was no point in having a meeting with Mr. Kuhn. She
noted that on May 7, 1986, she talked with Mr. Kuhn and explained to
him whet was incorrect in the lease end what was not. She reported
thet the seme day, Risk Manager Rynders informed her that Mr. Kuhn wes
still on the premises without insurance, edding thet on May 16, 1986,
Mrs. Rynders called the insurance company and was informed that Mr.
Kuhn did in fact have insurance, but no certificate had been received
by the County. She reported that on May 23, 1986, she end Mrs.
Rynders drove to the Immokalee Airport and found Mr. Kuhn's mobile
home, four cars, five gliders, picnic tebles and several people at the
site. She stated that on that same day she told Mr. Kuhn that the
lease would be discussed the next Tuesday.
Zoning Investigator Bailey stated that there is no zoning ordi-
nence that disellows a mobile home in an industrial district, which is
what this property is zoned, but there is a conflict with the building
code because it does not meet the fire codes. He noted that as far as
eny accessory uses that would be allowed, there is not enough detail
and information available as to wh~t is being proposed.
Commissioner Pistor stated that the lease has been cancelled and
Mr. Kuhn is still operating as though he has e lease and therefore, he
is trespassing.
Page 17
MQ( 094 ~,r". 431
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May 27, 1986
Attorney Dave Bruner, representing Mr. Kuhn, stated that he has
looked at the lease and by its terms Mr. Kuhn still has a lease, which
is the original lease. He noted that he listened to the recording of
the meeting which was held on March 11, 1986, when this issue was
discussed. He stated that it was his understanding that Staff be
directed to renegl ~iate a lease with Bob Kuhn to relocate his opera-
tion in an area further away from where he is now. He stated that he
helped him draft a lease agreement that did not please the Staff,
adding that the items that were proposed in the lease agree~ent were
things that Mr. Kuhn would like to have at the Immokalee Airport. He
stated that he would request that, as the Boðrd instructed, there be a
meeting, adding that Mr. Kuhn has requested a meeting repeatedly, at
least one time in writing and has been denied. He stated that the
first time that Mr. Kuhn was made aware of the fact that this item was
coming before the Board was 4:30 P.M. the Friday before the
meeting, which was prior to a long holiday weekend. He noted that the
" insurance is in effect and has been in effect. He stated that he is
"
requesting that this item be taken off the agenda in order to give
Staff and Mr. Kuhn an opportunity to have the meeting that the Board
had initially directed.
Tape f4
Commissioner Pistor stated that Mr. Kuhn has been made fully aware
of the violations that are existing at the Airport, adding that the
County is willing to negotiate a new lease but until this is done, he
Page 18
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May 27, 1986
has no right to be on that property. He stated that if necessary, he
will ask Staff to take steps to remove him from the property, but if
there is a lease that is acceptable to the County, the County will try
and negotiate such a lease, but in the meantime he should abstain from
obstructing the operation of the Airport.
Commissioner Holland moved, seconded by Commissioner Goodnight,
that County Attor, ey CUyler and County Manager Lusk Þe direoted to
.eet with Attorney Dave Bruner and Mr. Robert Ituhn to negotiate a
lease and bring back a recommendation regarding same in two weeks.
Mr. Bruner stated that Mr. Kuhn wrote a letter dated March 14,
1986, requesting a meeting with staff.
County Attorney Cuyler stated that the Real Property Department
negotiates four out of five leases, but since this is a special
problem he will become involved at this point. He stated that he
would like to indicate that the Board's forebearance as to pursuing any
remedies that it may have at this time does not indicate any intent to
waive those remedies and they may be pursued in the future. He stated
that he would assume that the past lease will remain in effect until
such time as a new lease is re-negotiated. He stated that if there is
some activities on the property, he wants to make sure that the County
has some control over those activities.
.
Commissioner Pis tor stated that one problem that exists is that the
, County does not have an insurance certificate to prove that there is
coverage for this operation. He noted that the picnic tables should
,;
BOOK 094 r,'~ 433
Page 19
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'ODK 094 'J~ 434
Mðy 27, 1986
be removed, adding that he does not know if the mobile home is pro-
perly hooked up either.
The following people spoke in favor of Mr. Kuhn's lease and his
ability to operate Florida Aerolights, Inc., as well as his honesty
and integrity, in adclition to indicating that Mr. Kuhn contacted the
County at various times for a meeting and the County was the one that
always cancelled said meetings:
Calvin Etnoyer
Bruce Biles
Dave Clark
Upon call tor tbe question, the .otion carried unanimously.
County Attorney Cuyler stated that he wants it clear for the
record that the Lessee violated the lease and it is an accommodation
to the Lessee to go ahead and continue to try and reach some
agreement, but the insurance falls into a more important category than
a lot of the other things. He stated that the Certification of
Insurance needs to be supplied to the County as soon as possible.
0,
; Ite. f8
RESOLUTION 86-94 REQUESTING FDOT TO APPROVE THE FOUR-LANING OF DAVIS
BLVD. BBTWEEN SANTA BARBARA BLVD. AND COUNTY BARN ROAD FOR THE SO¡20
COOPERATIVE ASSISTANCB PROGRAM - ADOPTED
Public Works Administrator Kuck stated that the objective of this
item is to request the FDOT to approve ð segment of Davis Blvd. four-
laning for the 80/20 Cooperative Assistance Program. He stated that
based upon Board action in approving the Option Gas Tax, the County is
eligible for state matching funds in accordance with the 80/20
Page 20
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May 27, 1986
Cooperative Assistant Program. He noted that to be eligible for the
funding in the current fiscal year, the Program requires a resolution
indicating the proposed project activities along with confirmation
that funds are available from gas taxes to undertake the County's
share of the proposed improvements. He noted that the planned project
includes the four-laning of Davis Blvd. in the vicinity of the Santa
Barbara intersec~ion and based upon possible funding from the FOOT,
funding from adjacent private developers, and funding by Collier
County, the project is feasible, and represents funds in the realm of
improvements necessary by the County for a combination of turn lanes
and through lanes required by FOOT should the County not consider the
four-1aning of Davis Blvd.
'1'ape f5
Mr. Kuck stated that he is recommending that the Board approve the
resolution for FOOT matching funds.
commissioner Bolland moved, seconded by Commissioner Basse and
oarried unanimously, that Resolution 86-94 requesting the FDOT approve
the four-laning of Davis Blvd. between Santa Barbara Blvd. and County
Barn Road for the 80/20 Cooperative Assistant program be adopted.
aOOK 094 r~;.t 435
Page 21
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May 27, 1986
Its. U
BID '86-'60 FOR COMM~NITY PARltS PLAYGROUND EQUIPMENT AND SITE
PURNISHINGS - AWARDED TO VARIOUS VENDORS
Legal notice having been published in the Naples Daily News on
March 21, 1986, as evidenced by Affidavit of Publication filed with
the Clerk, bids were received for Bid '86-960 for community parks
playground equipment and site furnishings until 2130 P.M., April IS,
1986.
Mr. Kevin O'ú?nnell, Public Services Administrator, stated that
this bid is for playground equipment and site furnishings for the five
community parks, adding that 53 manufacturers received invitations to
bid. He noted that specifications were drawn up by the Consultants,
Wilson, Miller, Barton, SolI & Peek, Inc., and the design teams recom-
mendation was reviewed and forwarded to the Parks & Recreation
Advisory Bocrd, noting that they recommended approval of the various
vendors for the equipment. He noted that the funds available for the
park equipment are budgeted in Funds 306, Parks & Recreation Capital
Improvement Funds and are within the budgeted amount of $204,000 with
the total being $179,533. He stated that it is recommended that four
firms be awarded this contract.
h' In answer to Commissioner Hass,e, Mr. Tom Peek of Wilson, Miller,
Barton, SolI, & Peek, Inc. stated that 15 bidders responded to the
request.
commissioner Voss moved, seconded by Commissioner Holland and
oarried unanimously, that Bid '86-960 be awarded to Columbia Cascade
&OO( 094 tN. 437
Page 22
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May 27, 1986
~imb.r Company, Portland, oregon, for the play struotures in the
amount of $103,1901 to swarts As.ooiate., Naple., Florida, for the
purohase of bleacher. and park benches in the amount of $43,1571 to
Ba.ner and As.ociates Parks and Reoreational systems, Inc., Melbourne,
Florida, for trash receptacles, picnio tableD and grills in the amount
of $27,5761 and t. Hunter-xnepshield Company, Louisville, Kentucky,
for bike rack. in the amount of $5,610.
In answer to Commissioner pistor, Mr. Peek stated that the deli-
very dates range from 45 to 60 days.
It.. 110
BUDGET AMENDMENT TO ALLOW FOR PAYMENT or ADDITIONAL OUTSIDB ATTORNEY
FEES - CONTINUED FOR ONE WEEIt
"
Mr. Mike McNees, Utilities Administrative Assistant, stated that
on July 30, 1985, the Board authorized the County Attorney to retain
the firm of Karon, Morrison, and Savikas to represent Collier County
in regards to litigation with East Naples Water Systems, Inc. and the
settlement agreement to that litigation. He stated that through March
31, 1986, the firm has invoiced the County for services rendered in
the amount of $18,749.73 and he is requesting that a budget amend-
ment be approved. He stated that there will be one other bill forth-
coming.
Commissioner Holland stated that he would like to see a breakdown
on the charges.
County Attorney Cuyler stated that there is a breakdown on the
charges and a copy could be provided.
Page 23
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May 27, 1986
Commissioner Holland indicated that he would like to see a break-
down before a vote is taken, as there has already been $120,000 paid.
Mr. Cuyler stated that Karon, Morrison, & Savikas was very helpful
in concluding the n~gotiations and reviewing certðin documents at the
last minute with regards to East Naples Utilities. He stated that he
is also expecting and demanding that at least 70\ of all payments will
be reimbursed by the insurance company. He stated that if litigation
is needed to obtain these fees, he would suggest this, but at this
time there does not appear to be a need to proceed with litigðtion.
Commissioner Voss stated that the County has received an invoice
and it has to be paid.
Mr. McNees stated that Staff is recommending approval, noting that
the bill has been reviewed, but he will provide the breakdown if the
Commissioner desires.
Commissioner pis tor directed that this item be continued for one
week until the breakdown ot the charges is proviðed.
Ite. 111
RESOLUTION 86-95 AUTHORIZING AN AMENDMENT TO THE SERVICB AGREEMENT AND
AMENDING INDBNTURBS OP TRUST REGARDING THB RESOURCE RECOVERY OF
COLLIER, INC. PROJBCT, SERIES 1985A AND SERIES 1985B SOLID WASTB
REVENUB BONDS - ADOPTED
County Attorney Cuyler stated that this is a resolution which
authorizes the execution of three documents, adding that two documents
amend the Indenture of Trust for the 1985A and 1985B Solid Waste
. Revenue Bonds. He noted that the third document is an amendment to
BOOK 094 p~"t 439
Page 24
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094 rJ~. (to
Mðy 27, 1986
the Service Agreement between Collier County and Resource Recovery of
Collier, Inc. to make it absolutely clear that neither the faith and
credit nor the taxing power of the County is pledgcd for the payment
of the obligations arising under the agreement and that it is not ad
valorem taxes, but in fðct, the fees that will be used to pay the obli-
.'
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gations.
Commissioner rlasse stated that he does not want the taxpayers
liable for this debt.
County Manager Lusk stated that the bond counsel still feels com-
fortable with the opinion that they originally gave, adding that this
is just something added to go one step further. He noted that the
bond counsel feels that ad valorem taxes cannot be used.
Assistant County Manager Dorrill stated that this issue involves
the way and the method that the Solid Waste activities are funded in
"
the County ðnd the Service Agreement has some provisions in it that
says the makeup of the Solid Waste Fund comes from a service fee, but
there is nothing in the Agreement that would preclude the County from
going back to the old method of charging property taxes to pay for the
Solid Waste Department and the States Attorney has an obligation under
the Florida Statutes to contest bond validations where he feels there
is any reasonable doubt at all. He stated that they are trying to
resolve the concernð that under no circumstances will the County use
ad valorem taxes to pay Westinghouse, adding that does not remove the
right of going back to the old method of charging ad valorem taxes to
Page 2S
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May 27, 1986
run the other Solid Waste Systems. He stated that as far as the
resource recovery plant that is proposed and the contractual service
fee that the County has to make, there will be assurance provided that
ad valorem taxes will not be used as part of the debt service.
commissioner Holland .oved, seoonded by Commissioner Voss and
carried unanimously, that Resolution 86-95 authorizing an amendment to
the Servioe Aqreement and amendinq Indentures of Trust regarding the
Resource Recover.y of Collier, Inc. Projeot, Series 1985A and Series
1985B solid W.ste Revenue Bonds be adopted.
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Page 26
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Mðy 27, 1986
Ih. '12
ROt1TINB BILLS - APPROVED FOR PAYMENT
Pursuant to Resolution aI-ISO, the fOllowing checks were issued
through Friday, May 23, 1986, in payment of routine bills:
CHECK DESCRIPTION
CHECK NOS.
143498 - 143829
029872
AMOUNT
Vendors
BCC Payroll
Ihlll'13
BUDGET AMENDMENTS 86-279/2S7 - ADOPTED
$1,088,588.90
168.20
Commissioner Voss moved, seconded by Commissioner Goodnight and
oarrie44/0, (Commissioner Holland out of the room), that BUdget
Amendments 86-279/287 be adopted.
Item 114
COKKUNITY DEVELOPMENT DIVISION DIRECTED TO LOOlt INTO BUI~DING HEIGHTS
IN UNINCORPORATED ~REAS AND REPORT BAClt TO THE BCC WITH A REPORT
Commissioner Hasse stated that there has been ð lot of discussion
¡. "
in the City regarding building heights and he feels that the County
should look into restrictions on building heights. He stated that he
does not want to see a proliferation of high-rise buildings.
Commissioner Pistor stated thðt this matter hðs been discussed
many times and the heights have been cut. He noted that there are
discussions about urban sprawl that hðve to be taken into con-
sideration, adding that he is sure thðt the Staff is willing to con-
sider further investigation.
Commissioner Voss stated that height limitðtions depends on where
the buildings are going to be located, adding that he does not think
that there should be iron clad rules on this.
Page 27
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Zoning/Planning Director Pettrow stated that there are 26 zoning
districts in the County and 9 of them have heights exceeding 3S feet.
He noted that Staff is working on a zoning ðmendment to include a new
designation for professional offices and at that time, it would be
understandable to put a height limit on that. He stated that he would
like to examine all of the districts carefully, but it will take time.
Tape t6
Commissioner Pi.tor direoted the Community Development Division to
look into building heights in unincorporated areas and report back to
the Board.
Item U5
'250 CONTRIBUTION TO BARRON COLLIER HIGH SCHOOL S.A.D.D. CLUB _
APPROVED
Commissioner Voss stated that he received a letter from Donald
Harz of Barron Collier High School, representing Students Against
Drunk Drivers, who would like to be able to attend the Mothers Against
Drunk Drivers National Convention June 19-22 in Washington, D.C. and
is asking that the Board contribute so that he may attend said con-
ference.
Mr. Donðld Harz stated that he would like to be able to attená
this convention as he feels that he would learn a lot from it that he
could bring back to Collier County and teach to other people.
. \
Commissioner Hasse questioned if the Board of Education had been ,
contacted, to which Mr. Harz stated that he has an appointment set up
aOOK 094 rA~-1 453
Page 28
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with the School Board for the latter part of the week. He stated thðt
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. people that are driving drunk.
i;:~J:r~,' Commissioner Voss stated that thi~ group is students against drunk
5"""" driving, not necessarily against stud'ents driving drunk, adding that
! ':
, ,
May 27, 1986
it is not simply the students that they are trying to help, it is all
it is a great thing that these young people will undertake this kind
of a crusade.
Commissioner Voss moved, seconded by Commissioner Goodnight and
oarried unanimously, that $250 be oontributed to Barron Collier Hiqh
8chool 8.A.D.D. Club in order for a member to be able to attend the
M.A.D.D. National Convention in Washinqton, D. C. on June 19-22, 1986,
for the purpose of protectinq lives and citizens.
Mr. Zewalk asked if County money could be donated for a private
cause, to which Mr. Harz stated that this is not a private cause,
adding that ðnyone in Collier County can be in this. He stated that
it is a non-profit organization, and they are trying to help the com-
munity.
County Attorney ~uyler stated that for the record, the Board hos
found that there is a direct public benefit by this contribution of
$250, which is the basis upon which the Board is authorized to make a
payment of this sort.
Mr. Harz stated that any money that is contributed over and above
the price of the trip will be donated to Project Graduation and to
M.A.D.D. and will be going back into the community to better the com-
munity.
Page 29
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May 27, 1986
Commissioner Goo1night questioned if Mr. Harz would be willing to
give a report to the Board after returning from the convent:on, to which
he replied affirmatively.
Commissioner Goodnight stated that he could come back with a
report in August as the Board will be on vacation in June and July.
***** commis.ioner Voss .oved, seconded by commissioner Goodnight
and carried unanimously, that the following items under
the Cons.nt Agenda be approved and/or adopted I *****
Item 116
ACCEPTANCE or rOUR QUIT-C~'IM DEEDS FOR 30' OF RIGHTS-OF-WAY FOR SANDY
LANE (GREENWAY ROAD AREA WATER SYSTEMS)
See Pages J../.(,ð - I.j. ,..3
Item 117
RECORDING OF AGREEMENT FOR DEEDS 461 AND 462 FOR PRE-ARRANGED BURIAL
LOTS AT LAKE TRAFFORD MEMORIAL GARDENS
See Pages t./-tl./-... £J,t,s
Ite. 118
PLORIDA LAND AND AGRICULTURE, INC. TO REPRESENT COLLIER COUNTY AS AN
BXPERT WITNESS IN THE GOLDEN GATE BLVD. CONDEMNATION PROCEEDINGS
See Pages ¿J.(, ~ .. ¡J. ~ 7
!tell. 119
RESOLUTION 86-96 AUTHORIZING THE ACQUISITION OF LANDS BY GIFT,
PURCHASE OR CONDEMNATION, NECESSARY rOR THE CONSTRUCTION OF GOLDEN
GATB BLVD. FROM INTERSTA~E 75 BAST TO C.R. 951, REVISING RES. 86-67
See Pages fl.' ?
..
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!DOK 094~~~ 455
Page 30
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'., Item '20
LEASB AGREEMENT BETWEEN THE BCC AND MARCO ISLAND HOSPITAL, INC. RZ
LEASING AN AREA FOR THE UTILIZATION OP THB MARCO ISLAND URGENT CARE
CENTER, EMT, BY THE COUNTY EMS DEPT.
May 27, 1986
See Pages Lj.t. '1-1-7 f-
Item 121
LEASE AGREEMENT BETWEEN THE BCC AND THE FRIENDS OF COLLIER COUNTY
MUSEUM POR THE EXISTING MU3EUH BUILDING AND SITE ALONG WITH THE
MUSEUM'S NEW SITE LOCATION
See Pages 'I7~- 'fi1
Item 122
GRANT APPLICATION ONDER THE JUVENILB JUSTICE DELINQUENCY PREVENTION
ACT GRANT TO BB SUBMITTED
See Pages ¿j f9 - 51.3
Item '23
RESOLUTION 86-97 PROVIDING A "LETTER OP NO OBJECTION" TO THE CITY
COUNCIL OF EVERGLADES CITY FOR THE EXTENSION OF A SPECIAL SERVICE AREA
UNDER CHAPTER 180 OF THE FLORIDA STATUTES, PROVIDING FOR WATER SERVICE
TO PLANTATION ISLAND, UNIT III, PARCEL 120
See Pages ..511J. - ..s /.5
Item '24
UTILITIES DIVISION TO RETURN TO THE DBVELOPER OP THE SHARONDALE CLUB
WATER AND SEWER CONNECTION CHARGES IN THB AMOUNT OF $26,528 FOR 32
UNITS WHICH DID NOT HAVE BUILDING PERMITS ISSUED
xtem 12 5
CERTIFICATES OF CORRECTION AS PRESENTED BY THE PROPERTY APPRAISER
1985 PERSONAL PROPERTY TAX ROLL
1985 - 176
5/15/86
Page 31
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May 27, 1986
It.. 12.
BXTRA GAIN TIHB FOR INHATB NOS. 4721. AND 42883
Ih. 127
RESOLUTION 8'-98 INCREASING CO~Y PROBATION FEES FROM $15.00 PER
PERSON PER MONTH TO '20.00 PER PERSON PER MONTH
See pagcs...5/t.-..5'/JY
Item 128
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED
There being no objection, the Chair directed that the fOllowing
correspondence be filed and/or referred to the various departments as
indicated below:
1. Letter dated 5/15/86 from Donald A. Pickworth, Asbell,
Hains, Doyle & Pickworth, advising that Mr. Hutchinson regrets
that the Naples Cultural Foundation withdraws its proposal to
lease from the County the property in Pelican Bay. xc: BCC,
Don Lusk, Ken Cuyler, Pam Brangaccio, and Filed.
2. Letter dated May IS, 1986, from David L. Dawson, of Dond,
Schoeneck & King, Attorneys, requesting a continuance for PUD
Application Trails of Quail Run until next fall. xc: Don
Lusk, Pam Branggacio, Filed.
3. Budget Amendment received Mðy 19, 1986, from Steve Carnell,
Budget Office, for County Manager to readjust fund account to
cover unbudgeted costs of travel. Funds are available within
operating budget. xc: BCC, Filed.
4. Letter dated May 9, 1986, from Department of Community Affairs
to Vickie Mullins, enclosing a fully executed amendment to the
CDBG Contract No. 84LG-S3-09-2l-01-H34, MOdification #4 with
the FL. Depot. of Communi~y Affairs. xc: Pam Brangaccio,
Filed.
5. Letter dated May 9, 1986, from Douglas L. Fry, of DER
enclosing short form application (File No. 111196S65,
111194715, and 1111937l5) which involves dredge and fill
activities. xc: Vickie MUllin, Dr. Proffitt, and Filed.
'OOK 094rJ'$.457
Page 32
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IOO~ 094 f"~~ 458
May 27, 1986
6. Notification from DNR received May 19, 1986, for workshop Mðy
23rd, 9:00 P.M. to 11:00 P.M., The Cepitol Building, RM. PL03,
to discuss proposed amendments to Chapter 19-21. xc: Pam
Brangeccio, Vickie Mullins, Tom Kuck, and Filed.
7. Letter dated 5/12/86 to David J. Fischer, Fischer, JOhnson,
Allen & Burke, Inc., from James C. Giles, C.P.A., enclosing a
tabulation of bills paid by the County for last year and this
year to April 30th for the Resource Recovery Project. xc:
Filed. .
" .,
8. Memorðndum deted May 15, 1986, from Virginia Magri,
Supervisor, Minute~ & Records, advising that a contract in the
amount of $11,000 with Trigo, Evers and Assoicates, Inc. for a
design survey relating to Davis Blvd. improvements in the
amount of $11,000 has been received. xc: Filed.
9. Letter dated May I, 1986, from Mr. William Daniels, II,
Chairman, Private Industry Council, from Governor Graham,
advising that the approval of their State Comprehensive Plan
would be delayed and aSking thet certain sections be
readdressed. xc: Pam Brangaccio, Kevin O'Donnell, ðnd Filed.
10. Copy of application received 5/15/86 for Revenue Sharing
1986-87 from James C. Giles, to be filed for rec~rd. xc:
Lori Zalka, Filed.
11. Received 5/14/86 Motions to withdrew filed by the Public
Defender of the Tenth Judicial Circuit in 247 pending appeðls
regarding Jerome Haggins, et al., Appellants, v. State of
Fl., Appellee, Case No. 85-272, et al. xc: Filed.
12. Memo dated 4/16/86 from Sheriff Rogers regarding Second
Quarterly Report - Sheriff's Confiscation Trust Fund _ Fiscal
Year 1985-86. xc: Lori zalka, and Filed.
13. Memo dated 5/13/86 to MPO's and State DOT's from Peter N.
Stowell, Acting Regional Administrator of Dept. of
Transportation, advising of Section 8 money that is available
for special studies associated with private Sector initiati-
ves, and enclosing suggestions for the types of studies which
might be selected. xc: Vickie MUllins, Jeff Perry, and
Filed.
I, "
Page 33
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May 27, 1986
...
There being no further business for the Good of the County, the
meeting was adjourned at 12:01 P.M. by Order of the Chair.
BOARD OF COUNTY COMMISSIONERS/
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL I .
ATTEST!' '< <;' ,. :
WILLIAM J. REAGAN, CLERK
OHN A. PISTOR, CHAIRMAN
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