BCC Minutes 11/14/1978 R
Naplos, Florida, November 14, 1978
LBT IT BE REMEMBERED, that the Board of County Commissioners
in and for the County of Collier, and also acting as the Governing
nonrd(s) of such special districts as have been created according
to law and having conducted business herein, mat on this date at
9:00 A.M. in Regular Session in Building "F" of the Courthouse
Complex with the fallowing members present:
CHAIRMAN: John A. Pistor
VICE-CHAIRMAN: David C. Brown
C. R. "Russ" Wimer
Thomas P. Archer
Clifford Wenzel
Al.SO PRESEN'l': William J. Reagan, Clerk 110:05 A.M.) Harold J"
Hall, Chief Deputy Clerk/Fiscal Officer; Debbie Pantano, Deputy Clerk;
Donnld Pickworth, County Attorney; Ron Dillon, Assistant County Attorney;
C. \~Il"linm Normnn, County Nnnngcr, HichLlrd Wooc1ruCC, A~Hll:lldllL CuullLy
Mannger; Irving Borzon, Utility Director; Clifford Barksdale, County
En(/in~~ri Adminiotrntivo Aida to the Board Mary r-loTt)nn; nnn Df"pllty
Chi c[ Haymond Barnett, Sl.t: ~'iff' 5 Department.
AGENDA
nOAHD OF COUNTY CONNISSIONER~
UNl'IL AGEIiPA
Novc~bcr 14, 1978
HEQUES'I'S TO ADDRESS 'mB BOARD OF COUN'ry COHNISSIONERS HEGAHDING ITEMS
\'IIlTCIl DO NOT APPEAR ON THI~ ^Gl-:NDA l'lILL BE }IF-ARD l\T 11:00 l\.M.
.1. INYOC^..:!'IO~
2. PU:DGr~ OF ALLEGI^NCI::
]. AI'PHOVM. OJ:' AGENDA
~. l\PPROVhL OF MtNUTRS: Regular Meeting - October 31, 1978
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l'HOCLANATIONS & PRESENTATlml OF l\~'1ARDS
'~,~f 044 !,,4;r408
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November 14, 1978
PIN^L ^GENDA l\PPROVED l'lITH ADDITIONS/DELETIONS
Commissioner Wenzel moved, seconded by Commissioner Wimer and
curried unanimously 5/0, that the Final Agenda be approved with the
following additions and de1etionsl
1. Request for approval of Sooial Services Case No. W-1298 _
Added.
2. "Old Business" item re Inter10cal Agreement relating to
School Impact Fees - Deleted.
3. "County Manager's Report" item re recommendation that HRS
be requested to authorize two positions for Health Dept. _
Deleted.
4. "New Business" item re request by Sheriff's Dept. to
purchase equipment - Added.
5. "County 1>lanager's Report" item re Animal Control Officer's
report concerning certain complaints received - Added.
6. "Board of County Commissioner's Report" item concerning
request for Board to execute certain documents re Pelican
Bay Phas9 I Plat - Added.
NEI'l COURTHOUSE PARKING LOT WILL BE l\VAILABLE FOR USE ON MONDAY,
~nER 20, 1978
Chairman Pistor stated the new courthouse parking lot will be
lined and completed over the weekend and will be available for the
employees' use on Mond~y November 20, 1978.
MINUTES OF REGULAR SESSION OF OCTOBER 31, 1978 - APPROVED AS AMENDED
Commissioner Wenzel moved, seconded by Commissioner Brown, that
the minutes of the Regular Session of October 31, 1978 be approved.
Fiscal Officer Harold Hall explained that several typographical
errors were discovered and corrected on the "Year End" Budget Arnend-
m~nt contained in said minutes.
Upon call for the question the motion carried unanimously 5/0.
SOCIAL SERVICES CASE NO. l'l-1298 - APPROVED
commissioner Brown moved, seconded by Commissioner Wimer and
carried unanimously 5/0, that Social Services Case No. W-1298 be
approved.
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November 14, 1978
PROPOSED AMENDMBNTS TO CONTRACTORS' LICENSING BOARD ORDINANCE ALLOWING
MOl3ILE HOME LICENSING HOLDERS TO DO THEIR OWN ELECTRIC, PLUMBING AND
AIR CONDITIONING HOORUPS - PUBLIC HEARING CONTINUED FOR ONE WEER
Legal notice having been pUblished in the Naples Daily News on
October 25, 1978 as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider a proposed
ordinance which amends the present Contractors' Licensing Board Ordinanc
78-02.
Mr. Raymond Dulaney, Building Director, explained that the proposed
amendment allows for mobile home licensing holders who set up mobile
homes to do their own electric, plumbing, and air conditioning hookups
and requested that this be restricted to the owners working on their
own pnrks only.
Mr. Ted Brousseau, attorney for the local mobile home industry,
stnted he is in accord with Mr. Dulaney's request.
Mr. Paul Jackson, Jackson Electric, stated that as a master plumber
nnd electrician, ho was required to take certain tests and obtain variou:
inouranccs in order to practice his trado. He stated his objection to
the proposed ordinance in that he feels that most of the owners are
probably not well-trained in the field and doubted tho quality of the
work they would perform on the mobile homes. He also expressed his
concern that the owners may possibly solicit other mobile home park
owners to do their electrical and plumbing work for them.
Mr. Brousseau stated the proposed ordinance was reviewed by the
Contractors' Licensing Board; however, it was not voted on.
Mr. George Sedgwick, retired journeyman, concurred with Mr. Jack-
son's opinion in that some ~eople may not be qualified to do their own
type of utility hookups and should be required to take a test.
Commissioner Brown moved, seconded by Commissioner Wimer, that the
public hearing re the proposed amendments to Ordinance 78-02 be continuec
for one week; the amendment also to include adequate language providiny
that mobile home owners be restricted to performing various utility
hookups to thoir own parks. The motion carried unanimously 5/0.
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November 14, 1978
HESOLUTION 78-169 RE FINl\L ASSESSl'lENT ROLL FOR COCOHl\TCHEE STREET -
ADOPTED
Legal notice having been published in The Naples Star on October
27 and November 3, 1978 as evidenced by Affidavits of Publication filed
with the Clerk, public hearing was opened to consider the final assess-
ment roll for Cocohatchee Street.
County Engineer Clifford Barksdale stated the Board had enacted
a Resoltuion 78-91 in June, 1978 creating the Cocohatchee Street
Paving Improvement District and the work has been completed with the
total final assessment for approximately 852 l.f. being $9,749.31. He
further stated the front foot assessment is approximately $7.02 based
upon work performed by the County Road Department. In reference to the
question concerning the pie-shaped lots, he commented the preliminary
nnsessment roll was revised to include the average of the rear and
front of the pie-shaped lots. Mr. Barksdale a180 explained that portions
of land owned by Collier Corporation on the east side of the road has
been designated an unusable and approximately 507 feet along the edge
of the road considered usable will be assessed.
Commissioner Wenzel moved, seconded by Commissioner Brown and
carried unanimously 5/0, that the public hearing be closed.
Commissioner Wenzel moved, seconded by Commissioner Brown and
carried unanimously 5/0, that Resolution 78-169 regarding the Final
l\ssessment Roll for Cocohatchee Street be adopted as outlined by the
County Engineer.
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Bee, 044 p~~: 417
November 14, 1978
ORDINANCE CREATING PELICAN DAY MUNICIPAL LIGHTING DISTRICT - PUBLIC
IIEARING CONTINUED UNTIL NOVEMBER 21, 1978
Legal notice having been published in the Naples Daily News on
October 25, 1979 as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider a proposed ordinance
creating the Pelican Bay Municipal Lighting District.
County Attorney Donald Pickworth stated he had received a call
from the developAr's attorney requesting a change in the proposed
ordinance pertaining to the District boundaries.
Commissioner Wenzel moved, seconded by Commissioner Brown and
carried unanimously 5/0, that the public hearing re the proposed
ordinan~e creating the Pelican Bay Municipal Lighting District be
continued for one week (November 21, 1978).
PETITION V-78-28C BY JAMES GOODALL REQUESTING FRONT AND SIDE YARD
VARIANCES, LOT 40, BLOCK 17, NAPLES PARK - DENIED
Legal notice having been published in the Naples Daily News on
October 22, 1978 as evidenced by Affidavit of Publication previously
filed with the Clerk, public hearing was continued from November 7,
1978 on Petition V-7B-2BC by James Goodall requesting front and side
yard variances.
Mr. James Goodall, petitioner, stated the petition is in reference
to Lot 40, Block 17, in Naples Park and, at the Board meeting the
week before, the Commissioners had requested he submit a landscape
design which would be agreeable to adjacent property owners who are
opposed to the variances. He further stated he was unable to obtain
letters of "No Objection" from the opposing property owners.
Mrs. Brenda Manning, property owner, stated that Mr. Goodall's
attorney had shown her the proposed landscape design1 however, she
still objected to tho variance. She submitted a photograph to the
Board showing her property and the petitioner's property.
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November 14, 1978
Mr. George Sedgwick, resident of Naples Park, stated he has
viewed the property in question and feels to allow the variances
would be detrimental to the adjoining properties.
Mr. l\rthur McDonald, property owner, noted his objection to
the petition and stated he had been advised by an attorney that if
the petitioner was denied the variances, the petitioner would have
a case against the company who performed the error in surveying the
property.
There being no other persons registered to speak, Commissioner
l\rcher moved, seconded by Commissioner Brown and carried unanimously
5/0, that the public hearing be closed.
Commissioner Archer moved, seconded by Commissioner Brown, that
Petition V-78-28C by James Goodall requesting front and side yard
variances for property known as Lot 40, Block 17, Naples Park, be
denied. Motion carried 4/1 with Commissioner Wimer dissenting.
REPRESENTATIVE OF COLLIER COUNTY AGRICULTURE FAIR AND EXHIBITION
DOARD SOLD FIRST FIVE TICKETS FOR COLLIER COUNTY FAIR TO THE FIVE
COMMISSIONERS
^ representative from the Collier County Agriculture Fair and
Exhibition Board presented the Board with the first five tickets to
the annual Collier County Fair for them to purchase.
Chnirman PiRtor, on behalf of the Commissioners, expressed his
best wishes that the Fair will continue to be a successful project
in Co1lien- County.
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RECESS: 9:47 A.M. ul.......l 9:55 A.M.
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DISCUSSION RE INTERLOcAL AGREE~~NT WITH SCHOOL BOARD RE IMPACT FEES _
TO BE WORKS HOPPED MONDAY, NOVEMBER 20, 1978
Chairman Pistor stated that the School Board's attorney has re-
quested the matter concerning the School Impact Fees be deleted from
the Agenda. He further stated the itme will be discussed in Workshop
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November 14, 1978
Session on Monday, November 20, 1978 and requested the County Manager
notify t.he School Board of same.
PETITION CCSL-78-BC REQUESTING VARIANCE FROM COASTAL CONSTRUCTION
SETBACK LINE ESTABLISHED BY ORDINANCE 75-19 - ADVERTISING AUTHORIZED
FOR PUBLIC HEARING DECE~mER 19, 1978
Commissioner Wenzel moved, seconded by Commissioner Archer and
carried unanimouly 5/0, that Petition CCSL-78-BC requesting a variance
from the Coastal Construction Setback Line established by Ordinance
75-19 be authorized for advertising for pub1io hearing December 19, 1978.
AMENDMENTS TO COLLIER COUNTY BUILDING CODE ADOPTING APPENDIX "J" OF
SOUTHERN STANDARD BUILDING CODE, THERMAL EFFICIENCY AND LIGHTING
STANDARDS - ADVERTISING AUTHORIZED FOR PUBLIC HEARING DECEMBER 19, 1978
Commissioner Wenzel moved, seconded by Commissioner Archer and
carried unanimously 5/0, that the proposed amendments to Collier County
Building Code adopting Appendix "J" of Southern Standard Building Code,
Thermal Efficiency and Lighting Standards, be authorized for advertising
for public hearing on December 19, 1978.
PETITION V-78-30-C BY O.M.V. INVESTORS, INC., FOR FRONT YARD SETBACKS
FOR PROPERTY IN BLOCKS 4 & 3, OLD MARCO VILLAGE - ADVERTISING AUTHORIZED
FOH PUBLIC HEARING DECEMBER 12, 1978
Commissioner Wenzel moved, seconded by Commissioner Archer and
carried unanimously 5/0, that Petition V-78-30-C by O.M.V. Investors
for front yard setbacks for property in Blocks 4 & 3, Old Marco Village
be authorized for public hearing December 12, 1978.
PETITION V-78-29C BY J. JACK & ETHEL WISE FOR A 6 FT. SIDE YARD
VARIl\NcE FOR LOT 14, BLOCK 62, NAPLES PARK SUBDIVISION - ADVERTISING
AUTHORIZED FOR PUBLIC HEAR~"G DECEMRER 12, 1978
Commissioner Wenzel moved, seconded by Commissioner Archer and
carried unanimously 5/0, that Petition V-78-29C by J. Jack and Etha1
Wiso for a 6 ft. side yard variance for Lot 14, Block 62, Naples
Park Subdivision, be authorized for advertising for public hearing
December 12, 1978.
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November 14, 1978
BOl\RD DESIGNATES DECEMBER 5, 1978 AS "YOUTH IN GOVERNMENT DAY" AND
AUTIIORIZES SUPERVISOR OF ELECTIONS TO ASSIST IN THE STUDENTS' USE
OF THE VOTING EQUIPMENT
County Manager Norman explained there are two major high
schools in the County who are requesting that the Board designate
December 5, 1978 as "Youth in Government Day" and the program be
doubled to allow the same number of participants from each school
this year as were drawn from the single high school last year. Mr.
Norman further stated he has selected 30 county officials to act as
mentors for their student counterparts, and, as on previous occasions,
the participants in the program will be served a luncheon at a local
rcstaurant ($200 maximum) if the Board desires.
Chairman Pistor noted he has received a letter from the Optimist
Club concerning the program which requests they be allowed to use
the voting equipment to prepare ballots for student elections. He
expressed concern over the fact it may be very costly to loan the
now equipment and suggested they only be allowed to use the old equip-
ment.
Commissioner Wimer moved, seconded by Commissioner Archer and
carried unanimously 5,'0, that December 5, 1978 be designated as
"Youth in Government Day."
Commissioner Wimer moved, seconded by Commissioner Wenzel and
carried unanimously 5/0, that the Supervisor of Elections be authorized
to assist in the conduction of the student elections using the old
voting machines.
B0ARD EXECUTES QUITCLAIM DEED FOR THE WEST 180 FEET OF TRACT 113,
GOLDEN GATE ESTATES, UNIT 83 (COX, JONES)
County Manager Norman stated the Board had accepted subject
property as a gift, the deed being recorded September 24, 1976.
lie explained the same tract of land was sold to two individuals at
a legally established tax sale, the deed being recorded on June 24,
1978. Due to the existence ~f the recordation of the first deed,
there is now a cloud on the title which needs to be cleared.
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November 14, 1978
Commissioner Archer moved, seconded by Commissioner Brown and
carried unanimously 5/0, that the Chairman be authorized to execute
a Quitnlaim Deed for Tract 113, Golden Gate Estates, Unit 83 in
favor or Charles E. Cox and David C. Jones, Trustee.
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m 044 rA~423
November 14, 1978
BOARD DESIGNATES MONDAY, DECEMBER 25TH AND TUESDAY, DECEMBER 26, 1978
AS THE CHRISTMAS HOLIDAYS FOR COUNTY EMPLOYEES
County Manager Norman stated he had sent a questionnaire to
nll employees which resulted in an overwhelming vote to request
the Board to designate Tuesday, December 26, 1978 as the Christmas
holiday rather than Friday, December 22, 1978.
Commissioner Wimer moved, seconded by Commissioner Archer and
carried unanimously 5/0, that the Board designate Monday, December
25th and Tuesday, December 26, 1978 as the Christmas holidays for
County employees.
RESOLUTION 78-170 ASSUMING RESPONSIBILITY FOR THE CONTROL OF NOXIOUS
AQUATIC PLANTS - ADOPTED
County Engineer Clifford Barksdale explained that the Board had
previously adopted a similar resolution on October 4, 1977 to assume
responsibility for the control of noxious aquatic plants in canals,
drainageways, and public waterways accepted for maintenance by Collier
County; however, based on a change in requirements of the Department
of Natural Resources as to the format of said resolution, it is
necessary to make revisions which he briefly stated for the Board.
Commissioner Archer moved, seconded by Commissioner Brown and
carried unanimously 5/0, that Resolution 78-170 assuming respon-
sibility for tho control of noxious aquatic plants be adopted.
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ecc~ 044 PA;=425
November 14, 1978
RESOLUTION 78-171 AUTHORIZING THE EXECUTION OF THE TRAFFIC SIGNAL
AGREEMENT BETWEEN THE FLORIDA DOT AND COLLIER COUNTY TO INSTALL A
TRAFFIC SIGNAL AT THE INTERSECTION OF VANDERBILT BEACH ROAD AND
U.S. 41 - ADOPTED
County Engineer Clifford Barksdale stated the DOT district
office had performed a study of the intersection of Vanderbilt Beach
Road and Hickory Drive at U.S. 41 and their recommendation to the
state DOT office is that of installing a traffic signal at said
intersection. He further stated the district office is requesting
the Board sign a maintenance-type traffic signal Agreement to be
forwarded to the state office with tt:.eir recommendation.
Commissioner Archer moved, seconded by Commissioner Wimer and
carried unanimously 5/0, that Resolution 78-171 authorizing the
Chairman to execute the Traffic Signal Agreement between Florida
DOT and Collier County concerning Vanderbilt Beach Road and U.S.
41 intersection be adopted.
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BCC~ 044 PA~:431.
November 14, 1978
REQUEST FOR A 5 FT. EASEMENT TO FLORIDA POWER & LIGHT COMPANY
ACROSS COUNTY-OWNED PROPERTIES IN GOLDEN GATE ESTATES - APPROVED
County Engineer Clifford Barksdale stated that to provide
power sources to the Naples well field and pumping stations currently
being installed along the canal in Golden Gate Estates, a five
foot casement is required along the bank of the canal for the
installation of the FP&L power line. He noted the easements are
located along the western five feet of five site. granted to the
County by GAC for development of well field..
Commissioner Wimer moved, seconded by Commissioner Aroher and
carried unanimously 5/0, that the five foot easements requested by
Florida Power & Light Company across county-owned property in Golden
Gato be granted.
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November 14, 1978
PETITION NO. 78-2-C BY OUR LADY OF GUADALUPE CATHOLIC CHURCH
REQUESTING PERMIT FOR CARNIVAL DECEMBER 8 THRU 12, 1978 - BOARD
WAIVES REQUIREMENT FOR SURETY BOND AND AUTHORIZES PEN~IT
Commissioner Archer moved, seconded by Commissioner Brown
and carried unanimously 5/0, that Our Lady of Guadalupe be issued
a permit for their carnival December 8-12, 1979 and the require-
ments for surety bond be waived.
Chairman Pistor expressed his concern about the permittinq
ordinance stating he would like it reviewed for possible revisions.
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November 14, 1978
RESOLUTION 78-172 TO RECOVER FUNDS EXPENDED TO ABATE A PUBLIC
NUISANCE ON LOTS 24 " 25, BLOCK 47, NAPLES PARK UNIT 4 - ADOPTED
Commissioner Wimer moved, seconded by Commissioner Archer
and carried unanimously 5/0, that Resolution 78-172 to recover
funds exepnded to abate a public nuisance on Lots 24 and 25,
Block 47, Naples Park Unit 4 be adopted.
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044 t'A~:441
November 14, 1978
APPEAL BY GARY ANTONISSEN, ROGART DEVELOPMENT CORP. OF DECISION
BY CONTRACTORS' LICENSING BOARD TO REVOKE CERTIFICATE OF COMPE-
TENCY AND LICENSE TO DO BUSINESS - MATTER TO BE REFERRED BACK TO
CONTRACTORS' LICENSING BOARD FOR FURTHER REVIEW AND RECOMMENDATION
BASED ON NEW EVIDENCE
Mr. Arthur McDonald, attorney for Gary Antonissen, (Rogart
Development Corp.) stated he is appealing a deoision by the Con-
tractors' Licensing Board rendered on August IS, 1978 in which
they rovoked on a permanent basis the Competency Card for
Gary 1\ntonissen. He explained that as a result of that decision,
red tags were issued on 24 of Rogart's homes then under construction,
5 of those 24 being the owners who had registered formal complaints.
Mr. McDonald noted that the complaints were of relatively minor
items. Mr. McDonald oxp1ained that as a result of the stop-work
order that was issued, Rogart Corp. closed down and immediately
opcncd another company under the name of Aura, Corp. due to bad
publicity against Rogart. He noted that 23 of the 24 owners had
entered into new contracts with Aura. Mr. McDonald further stated
that all 5 complainants are now living in their new homes and
feel their homes arc substantially completed to their satisfaction.
He commented that one of the reasons on which CLD had basol' their
decision was due to a violation of Section 41.5 of the Contractors'
Licensing Ordinance 78-02. He stated that in the transcript of
the Licensing Board meeting, there is no mention of any such violation,
i.e., the intentional changing of specifications without the owner's
:onsent, and further, all complaints from the owners have now been
:orrccted. He noted the other two violations cited as reasons for
revocntion of the license we
vio1ation3 of certain codes and failure
to repair faulty workmanShip, 8gain stressing no such complaints
ire evidenced in the transcript of the meeting. Mr. McDonald re-
luestcd the Board re-instate the license and Competency Card on a
lrobationary basis with the Building Dept. or Licensing Board sup-
!rvising tho company's work with the option to revoke the license
Igain if deemed necessary.
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November 14, 1978
Chairman Pistor commented he felt from the evidence he has seen
that the developer did not attempt to resolve the complaints on a
voluntary basis.
Commissioner Wenzel stated he would like to see letters of
satisfaction from all five complainants or their attorneys.
Mr. McDonald stated that four of the owners were solicited
by the original complainant; he also stated a major problem of
Rogart's has been with their sub-contractor who, because of the
abundance of work, has not been able to keep up and Rogart conse-
quently fell behind in their work.
Mr. Gary Antonissen, appellant, concurred with Mr. McDonald's
statements and explained in reference to the allocation that he
had removed a red tag from one of the jobs was that he merely
mado a xerox copy of the tag and replaced it on the job the same
day.
Mr. Arthur Antonissen, President of Rogart Corp., stressed
the fact that his company had fallen behind schedule in their
work, largely due to a construction boom that had taken place and
at that time it was very difficult to contract with sub-contractors
to take care of all the work.
Mr. Raymond Dulaney, Building Administrator, read from the
findings-of-fact which listed several violations for each of the
complainants that clearly violated codes of the Contractors'
Ordinancel however, he stated that ~o his knowledge, these have
all since bee~ corrected.
Mr. Richard Morris, Chairman of Contractors' Licensing Board
and Mr. Polk Threckle, Vice-Chairman of same, both made statements
concerning the time frame involved in which it took for Rogart
Corp. to do anything about the formal complaints. They also stressed
the fact they did not revoke Rogart's license to do business, rather
their qualifier, Gary Antonissen, was the one who had his license
and competency card revoked.
m '044 rA~~'44.3
November 14, 1978
Mr. Ron Dillon, Assistant County Attorney, reiterated the fact
that it took Rogart 4 to 5 months to take care ot the complaints
received and that nothing was done until it became apparent the
Licensing Board was going to revoke the license. He listed several
code violations which were found on the five jobs.
Commissioner Wenzel moved, seconded by Commissioner Brown and
carr led unanimously 5/0, that the matter be referred back to the
Contractors' Li~ensing Board for further review and recommendation
based on the new evidence presented (letters from the five complain-
ants stating the work is satisfactory) and to bring their recommendation
back to the Board next week.
RESOLUTION FOR ACQUISITION, CONSTRUCTION AND ERECTION OF THE WATER
SYSTEM AND ISSUANCE OF BONDS RE GOODLAND WATER DISTRICT - CONTINUED
Utility Director Irving Berzon requested tho matter concerning
the resolution for the acquisition, construction and erection of the
water system and issuance of bonds for the Goodland Water District
be deleted pending further information.
The Chairman directed the matter be continued until further
notice.
EXCAVATION PERMIT BY GLEN RRAPE, JR., FOR PROPOSED LARE APPROXIMATELY
660 FT. WIDE AND 8 FEET DEEP, LOCATED SOUTH OF PINE RIDGE ROAD
EXTENSION AND EAST OF AIRPORT ROAD - APPROVED WITH STIPULATIONS
Utility Director Irving Berzon stated that approximately
238,000 cu. yards of fill material will be removed in order to
obtain general construction material for foundations of new con-
struction projects. He further staled the Water Management Advisory
Board has reviewed this permit and recommends approval with the
following stipulations:
1. The depth of the lake not to exceed 8 ft. bolow existing
grade.
2. That the lake bo diked or bermed to prevent water run-off
into the lake from the surrounding area; the lake to be
self-contained.
3. That the appropriate excavation fee and performance bond
be posted prior to the issuance of the permit.
4. That all applicable provisions of County Ordinance 73-12
be adhered to.
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November 14, 1978
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Commissioner Archer left the meeting at this point -- 11127 A.M.
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Commissioner Wimer moved, seconded by Commissioner Wenzel and
carried unanimously 4/0, (Commissioner Archer absent at the time of
the vote) that the Excavation Permit requested by Glen Klape, Jr.
be approved with tho stipulations as previously mentioned.
EXCAVATION PERMIT BY JAMES T. SWANNER, FOR PROPOSED LAKE LOCATED
400 FT. WEST 01-' ST. CLAIR SHORES RD. - APPROVED St'BJECT TO STIP-
ULATIONS
Utility Director Irving Berzon stated the proposed lake is to
be located in Section 31, Township 49 South, Range 26 East and the
purp03e or the excavation is to install a fishing lake Qnd use the
fill to raise the elevation of the surrounding propertYI 9,000
cu. yards will be removed from the site. He further stated the
Water Management Advisory Board has recommended their approval sub-
ject to the following stipulations:
1. That the depch of the lake not exceed 8 ft. below existing
grade.
2. That the appropriate exoavation fee and performance bond
be posted prior to the issuance of the permit.
3. That all applicable provisions of Ordinance 73-12 be
adhered to.
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At this point, Commissioner Archer returned to the meeting at
11:30 A.M.
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Commissioner Wenzel moved, seconded by Commissioner Wimer and
carried unanimously 5/0, that the Excavation Permit requested by
James T. Swanner be approved subject to the aforementioned stip-
ulations.
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November 14, 1978
WATER WELL PERMIT APPLICATIONS BY PELICAN BAY IMPROVEMENT DISTRICT
FOR FIVE 4-INCH WATER WELLS - APPROVED SUBJECT TO STIPULATIONS
Utility Director Irving Berzon stated that all five of the
4-inch wells being requested will be used for monitoring purposes;
four of which are to be located within the Pelican Bay Project and
one to be located approximately 3~ miles east of U.S. 41 on Immoka1ee
Road. He further stated that the Water Management Advisory Board
reviewed the requests and recommends their approval with the
following stipulations I
1. That a copy of the driller's log for each well be
submitted to the County Utility Director.
2. That a copy of all testing data, including a water
analysis for each well, be submitted to the County
Utility Director.
3. That the wells be capped and plugged upon completion of
tho testing program unless a new permit is applied for
and approved.
Commissioner Brown moved, seconded by Commissioner Wimer and
carried unanimously 5/0, that the five 4-inoh water well permit
applications by Pelican Bay Improvement Distriot be approved
subject to the aforementioned stipulations.
BOARD APPROVES GRANT-IN-AID AGREEMENT WITH SOUTH FLORIDA WATER
MANAGEMENT DISTRICT FOR GOLDEN GATE REDEVELOPMENT STUDY
Utility Director Irving Berzon explained that the Board previously
had entered into an agreement with the South Florida Water Management
District on behalf of the Big Cypress Basin of the same nature which
will provide for the District matching dollar for dollar up to $25,000
to fund the Golden Gate P~1evelopment Study.
Mr. Berzon recommended
the Chairman be authorized to execute said agreement.
Commissioner Wimer moved, seconded by Chairman Pistor and carried
3/2 (Commissioner Wenzel and Brown dissenting), that the Chairman be
authorized to sign the Grant-in-Aid Agreement with the South Florida
Wator Management Distriot for the Golden Gate Redevelopment Study.
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November 14, 1978
ANIMAL CONTROL OFFICER PROVIDES STATUS REPORT ON ANIMAL NEGLIGENCE
CASE
Commissioner Wenzel requested that the Animal Control Officer
provide an explanation to complaints received from various persons
in that he was negligent in his duty.
Mr. Gene Staudenmeier, Animal Control Officer, stated he first
received a call on October 10, 1978 from a concerned citizen that
horses were being neg1ectod. He went to the property that day with
two other officers and surveyed the situation which he said included
four horses And five hogs, all of which were undernourished. He
further stated he contacted the owner that day who told him that
someone was breaking into his feed room and stealing the animal's
food. Mr. Staudenmeier said that he contacted a veterinarian who
perform~u LesLs 011 the animals and confirmed the diagnosis of mal-
nourishment. He noted that at a later time, one of the owners accused
the Animal Control Department of trespassing and stealing feed and
warned thom not to come on the property again. At this point, he
continupd, he stayed in touch with the vet who continued to treat
the animals. On November 10, 1978, Mr. Staudenmeier said that he
received a call from another veterinarian who had received a complaint
that one of the horses was down, at which time he went out again to
the property and discovered the horse was dead. Mr. Staudenmeier
.
stated that the original veterinarian has issued a statement that the
owners had not followed the feeding program he set down for them. He
further stated that he testJ.J.ied at a hearing all of the evidence and
received a pick-up order for the three remaining horses and five hogs,
all of which have been transported to the corral in Immokalee for
treatment.
In answer to Commissioner Wenzel's question, he stated the owners
are Attie Ballard, Robert Ballard and L.C. Ballard.
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November 1, 1978
Mr. Staudenmeier commented a major problem in impounding
neglected animals is that a veterinarian's opinion is required
first and suggested the County hire a veterinarian to work for
the County in order to speed up impounding processes.
ROUTINE BILLS - AUTHORIZED FOR PAYMENT
Following Fiscal Officer Harold Hall'. statement that the bills
being presented have been processed following established procedures
and that funds are available, Commissioner Wimer moved, seconded by
Commissioner Brown and carried unanimously 5/0, that the bills be
approved for payment as witnessed by the following warrants issued
from November 8, 1978 through November 14, 19781
FUND
WARRANT NOS.
52151 - 52573
870 - 1311
BCC Payroll
County Warrants
BUDGET ^I~NDMENT *79-10 RE BUILDING TO HOUSE AUXILIARY POWER SUPPLY
GENERATOR ADJACENT TO BUILDING "F" - ADOPTED IN THE AMOUNT OF $16,000
Fiscal Officer Harold Hall stated the purpose of the Budget
Amendment is to change the object codes and expenditures of the
budget which were previously approved by the Board to house the
auxiliary power supply generator adjacent to Building "F" and also
to change the original amount of $17,500 to $16,000.
Chairman Pistor moved, seconded by Commissioner Wenzel and
carried 4/1 (Commissioner Wimer dissenting), that Budget Amendment
#79-10 as described by the Fiscal Officer be adopted in the amount
of $16,000.
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044 fA:~451
November 14, 1978
BOARD APPOINTS COMMISSIONER WIMER AS MEMBER AND COMMISSIONER WENZEL
1\S ALTERNATE TO THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL
Commissioner Wenzel moved, seconded by Commissioner Brown and
carried unanimously 5/0, that Commissioner C. R. "Russ" Wimer be
appointed as a member to the Southwest Florida Regional Planning
Council.
Commissioner Brown moved, seconded by Commissioner Archer and
carried unanimously 5/0, that Commissioner Clifford Wenzel be ap-
pointed as alternate member to the Southwest Floridn Regional Planning
Council.
CH1\IRMAN AUTHORIZED TO SIGN AFFIDAVIT CONCERNING THE RECORDING OF
CERTAIN DOCUMENTS RE PELICAN BAY UNIT I
County Attorney Donald Pickworth stated that on September 19,
1978 the Board entered into an agreement with Coral Ridge-Collier
Propertios, Inc. which provided for the construction of paving and
drainago improvements by the Developer for Pelican Bay Unit I. He
further stated that this agreement was unnecessarily recorded in
tho public records and requested that the Board authorize the Chairman
to sign an affidavit which acknowledges the inadvertent recordation
)f said Agreement.
Commissioner Wenzel moved, seconded by Commissioner Brown and
:arried unanimously 5/0, that the Chairman be authorized to sign the
\ffidavit as described by the County Attorney regarding Pelican B~y
Ini t I.
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November 14, 1978
BOARD WAIVED BIDDING REQUIREMENTS AND AUTHORIZED SHERIFF'S DEPARTMENT
TO APPLY FOR GRANT FUNDS FROM FLA. BUREAU OF HIGHWAY SAFETY TO
PURCHASE EQUIPMENT. CHAIRMAN AUTHORIZED TO SIGN SAID GRANT APPLI-
CATION
Deputy Chief Raymond Barnett, Sheriff's Department, requested
ho be authorized to apply for a grant from the Florida Bureau of
Highway Safety to enter into an intensive traffio enforoement
program for a seven-week period during the holiday season, the
program to include the purohase of three Speed Guns 8 and to provide
for deputies overtime work during this period.
Commissioner Wenzel moved, seoonded by Commissioner Brown and
carried unanimously 5/0, that the Chairman be authorized to sign the
grant application in the amount of $10,101 to the Florida Bureau
of Highway Safety.
Commissioner Archer moved, seconded by Commissioner Brown and
carried unanimously 5/0, that the Board waive the bidding requirements
in order to purchase the Speed Guns requested before the holiday
season.
Commissioner Archer moved, seconded by Commissioner Brown and
:arried unanimously 5/0, that the Sheriff', Department be authorized
:0 purchase the requested equipment from Southern Polioe Equipment
)f Orlando, Florida.
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November 14, 1978
SUPERVISOR OF ELECTIONS AGREES TO LET "YOUTH IN GOVERNMENT" MEMBERS
USE THE NEW VOTING EQUIPMENT AT NO EXPENSE TO THE COUNTY
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At this point in the meeting, Commissioners Wimer and Brown left
at 12:00 Noon.
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Administrative Aide to the Board Mary Morgan stated that the
Supervisor of Elections has informed her that no expenses will be
incurred in letting the Youths in Government students utilize the
new voting equipment.
Commissioner Archer moved, seconded by Commissioner Wenzel and
carried unanimously 3/0, with Commissioners Wimer and Brown absent,
that the Board rescind their previous action earlier in the day and
authorize tho students to use the new voting equipment.
BOARD APPROVED OUTLINE OF DATES OF TRANSFER FOR BOARD'S CHAIRMANSHIP
!"OR TilE NEXT TWO YEARS
Administrative Aide to the Board Mary Morgan presented the
following outline of dates of transfer for the Board's chairmanship
for the coming two yearsl
Commissioner Brown
Commissioner Wenzel
Commissioner Archer
Commissioner Pistor
Commissioner Nimer
11/21/78 - 5/22/79
5/22/79 - 11/20/79
11/20/79 - 5/20/80
5/20/80 - 11/18180
11/18180 - 5119/81
Commissioner Wenzel moved, seconded by Commissioner Archer and
:arried unanimously 3/0 with Commissioners Wimer and Brown absent,
hat the Board approve the outline of dates of transfer for the
;onrd 's chairmanship for th~ "'~xt two years as presented by the
dministrative Aide.
EVISED FEE SCHEDULE FOR THE HEALTH DEPARTMENT AS OUTLINED BY THE
EALTH DIRECTOR - APPROVED
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At this point, Commissionor Brown returned to the meeting at
2:02 P.M.
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November 14, 1978
Administrative Aide to the Board Mary Morgan stated the Health
Director is requesting three minor changes in the existing Schedule
of Fees for the Health Department.
Commissioner Archer moved, seconded by Commissioner Brown and
carried unAnimously 4/0, Commissioner Wimer absent, that the Board
approve the revised Fee Schedule for the Health Department as
presented by the Administrative Aide.
CERTIFICATES FOR CORRECTION FOR THE 1978 TAX ROLL - APPROVED
Commissioner Wenzel moved, seconded by Commissioner Archer and
carried unanimously 4/0, with Commissioner Wimer absent, that the
following Certificates for Correction on the 1978 Tax Rolls be approved
and that the Chairman be authorized to sign same:
NOS.
1978 Personal Property 11- 13
1978 Personal Property 14 - 17
1978 Personal Property 18
1978 Personal Property 19
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November 6, 1978
November 8, 1978
November 9, 1978
November 13, 1978
GROUP INSURANCE AMENDMENT '10 AUTHORIZED FOR EXECUTION
Administrative Alde to the Board Mary Morgan explained that
Amendment '10 is required to revise the coordination of benefits
section to include coordination with "no fault" auto insurance.
Commissioner Archer moved, seconded by Commissionor Brown al.d
carried unanimously 4/0, with Commissioner Wimer absent, that the
proposed Group Insurance Amendment '10 be adopted and that Chairman
be authorized to sign Baine
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November 14, 1978
CHAIRMAN AUTHORIZED TO SIGN APPROPRIATE BONDS FOR ELECTED OFFICIALS
RESULTING FROM THE GENERAL ELECTION IN NOVEMBER, 1978
Commissioner Archer moved, seconded by Commissioner Brown and
carried unanimously 4/0, with Commissioner Wimer absent, that the
Chairman be authorized to sign the appropriate bonds for the following
elected officials {from the November, 1978 General Election)s
C. R. "Russ" Wimer, Jr. elected to Board of County Commissioners
F. Clifford Wenzel elected to Board of County Commissioners
Robert E. Lindabury elected as member of the Board of Commissioners
re Collier Mosquito Control District
Thomas V. Porter elected as member of Board of Commissioners re
Collier Mosquito Control District
Edward J. Oates, Jr. elected member of Board of Commissioners
re Collier Mosquito Control District
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6Cr.~ 044 rA~:473
November 14, 1978
BOARD AUTHORIZES WAIVER OF COLLECTING AMOUNTS OUTSTANDING RE
INTEREST CHARGES ON ASSESSMENTS FOR SEWER DISTRICT SERVICE AREA
"Aft
Referring to outstanding interest charges on assessments for
sewer district service Area "A", Utility Director Irving Berzon
stated that front foot assessments for individual property owners
could have been made by 6/6/77 in order to avoid payment of interest;
and that 107 accounts, owing a total of $1,769.50 were not paid on
time due to the newness of the system at that time. He suggested the
Board waive the collecting of amounts outstanding in reference to only
those charges resulting from the delinquency in making the first
payment as mentioned above.
Commissioner Wenzel moved, seconded by Commissioner Archer and
carrie~ unanimously 4/0 with Commissioner Wimer absent, that the
Board waivo tho collecting of amounts outstanding re interest
charges on assessments for Sewer District Service Area "A" which
were due on 6/6/77.
DISCUSSION RE LETTER DATED 10/25/78 FROM OSCEOLA COUNTY REQUESTING
THAT THE LEGISLATORS ALLOW RESORT TAX MONIES TO BE USED FOR POLICE,
AMBULANCE, AND FIRE SERVICES - NO ACTION TAKEN
..
Administrative ^id~ to the Board Mary Morgan stated a letter
was recoived from Osceola County dated 10/25/78 t.o tho BCC requesting
thnt the Legislators allow tho resort tax monies to be used for
police, ambulance, and fire services and requested the BCC to consider
a similar resolution.
After a brief discussion, the Chair directed that no action be
taken on this matter.
UTILITY DIRECTOR PROVIDES STATUS REPORT REGARDING PROPERTY LOCATED IN
THE GOLDEN GATE AREA WHICH MAY BE ACCEPTABLE FOR THE MY HOME PROJECT
Utility Director Irving Berzon noted that the directors for the
MY HOME project have received a letter from GAC regarding the propert~'
in Golden Gate being considered as the homesite for the project. He
stated the letter asks who will accept the deed, what is the purpose
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November 14, 1978
of the project, and when construction will start? Mr. Berzon noted
that the letter was answered by the project director and he will
be continuing negotiations with GAC, as GAC is obligated to give a
designated amount of land to the County to be used for public purposes.
LAKE TRAFFORD CEMETERY DEED NO. 176 - ACCEPTED FOR RECORDATION
Pursuant to action of the Board January 10, 1978 wherein the
Chairman was authorized to sign various deeds to Lake Trafford
Memorial Gardens cemetery 10tB aB the need ariBes, the following
Deed No. 176 was recorded and filed for the record I
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November 14, 1978
15. P.S.C. Noticel Docket '780861-CI rp a general investigation
into the household goods industry, filed.
16. P.S.C. Notice: Docket '780869-CCT for transport of animals
within the State of Florida, filed.
17. DER Noticel Review of proposed additions to tho Fla. Admin-
istrative Code, announcing public hearing on same; xc to
Utility Director, County Engineer, and Environmentalist; filed.
18. DOT Findings regarding rules to rogulate solicitation of
contributions for religious purposes on Sunshine State Park-
way, interstate highway system, rest areas, wayside parks,
and welcome stations; filed.
19. Copy of Social Services October, 1978 report of assistance
givenl filed.
20. Reports received for inspections of the Sheriff's jail, the
Immokalee sub-station and the stockade, filed.
21. HUD Notice re FY 79 competition for Community Development
Block Grant Programs - xc to Rich Woodruff; filed.
22. Invitation dated 11/7/78 from the City of Naples for the
dedication of their public safety building on Tuesday, 11/14/78
at 9:00 A.M.; filed.
23. Clerk's Report for October, 1978 for fines, forfeitures, and
convictions, filed.
WORKSHOP SESSION TO BE HELD MONDAY, NOVEMBER 20, 1978 AT 9:00 A.M.
Chairman pistor announced there will be a Workshop Session on
Monday, November 20, 1978 at 9:00 A.M.
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Thore being no further business for the good of the Cnunty, the
meeting was adjourned by order of the Chair - Time 12110 P.M.
BOARD OF CO~TY COMMISSIONERS lEX
OFFICIO GOVERNING BOARDCS) OF SPECIAL
DI~TRICTS UNDER ITS CONTROL
Q,~
PISTOR, CHAIRMAN
)\T~Ii~.f~ 1'.
~~ILLIl\M ,,,~~AGAN~' CLERK
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