BCC Minutes 09/26/1978 R
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Napl03, Florida, September 26, 1978
LET IT BE REMEMUERED, that the Doard of County Commissioners
in and for tho County of Collio~, and also acting as tho Govorning
Board/a) of such spocial districts as have been created according to
law and having conducted business herein, mot on this date at
9:00 A.M. in Regular Session in Duilding "F" of the Courthouse
Complex with the following members present I
VICE-CIIAIRl>1J\NI David C. Brown
C. R. "Russ. Wimer
Thomas P. Archer
Clifford Wenzel
ABSENTI John A. Pistor, Chairman
ALSO PRESENT: Harold L. Hall, Chief Deputy Clerk/Fiscal Officer;
Edna Brenneman, Deputy Clerk; C. William Norman, County Manager; Donald
Pickworth, County Attorney; Irving Berzon, Utility Director; Clifford
Uarksdalc, County Engineer; Carl Clemmer, Zoning Director; l1ary Morgan,
Administrative Aide to the Board; and Deputy Chief Raymond Barnett,
Sheriff's Department.
AGENDA
BOARD OF CO~~rY C01~tISSIONERS
FI:\AL AGENDA
Septe~er 26, 1978
R2QUESTS TO ADDRESS THE BOARD or COUNTY CO~J1ISSIONERS, WHICH ARE NOT
ON THIS AGENDA, WILL BE HEARD AT 11:00 A.M.
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. ~OVAL OF AGENDA
4. APPROVAL OF MINUTES: Sopte~ber 12, 1978
5. PROCLAMATIONS & PRESENTATIO:\S OF AWARDS
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A. Proclamation establishing week of Oct. 1 through Oct. 7,
1978, as NATIONAL 4-H CL~a WEEK. Progress report on
4-H activities in Collier County.
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September 26, 1978
AGENDA - APPROVED WITH ADDITIONS
County Manager Norman requested the following items be added
to the published agendal
l. Proposed ordinance re reciprocity with City of Naples
for licensing of contractors - Authorization for
advortising for pUblic hearing.
2. Proposed ordinance re sale of alcoholic beverages and
regulation of hours - Authorization for advertising
for public hearing.
Commissioner Wenzel moved, seconded by Commissioner Wimer and
carried 4/0 with Commissioner Pistor not present, that the agenda
be approved with the above-referenced additions.
HINUTES OF SEPTEMBER 12, 1978 - APPROVED AS SUBMITTED
Commissioner Wenzel moved, seconded by Commissioner Archer
and carried 4/0 with Commissioner Pistor absent, that the minutes
of tho moeHng of September 12, 1978 be approved as submitted.
PROCLAMATION ESTABLISHING WEEK OF OCTOBER 1-7, 1978 AS "NATIONAL
4-11 CLUD WEEK" - ADOPTED
Following his reading ~f the Proolamation, Commissioner Wenzel
moved, seconded by Commis~ioner Archer and carried 4/0 with commissionel
Pintor not present, that the Proclamation establishing the week of
October 1 through 7, 1978 as "National 4-1{ Club Week" be adopted.
The Proclamation was accepted with appreciation by Ms. Linda'
Denning, County 4-1{ Coordinator, who introduced two County 4-H Council
representatives, Miss Jennie Fruechtemeyor and Miss Paula Marks, who
repo'rted on the recent accomplishments of the 4-1{ group and its
plans for the future.
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September 26, 1978
MILLAGE FOR COLLIER COUNTY LIGHTING DISTRICT FOR FY 70-79 - ADOPTED
Legal notice having been published in the Naples Daily News
on September 20, 1970 as evidenced by Affidavit of Publication filed
with.the Clerk, publio hearing was opened to consider the proposed
millage lor FY 79-79 for the Collier County Lighting District.
Fiscal Officer Harold Hall explained that there has been
significant increased expenses in operating costs in the Collier
County Lighting District, requiring increased payments during the
current year, which the District was unable to complete without a small
loan. The increased costs for t~e coming year, plus paying back the
$10,000 loan in the current year, said Mr. Hall, has resulted in
a 56% increase in the property tax ad valorem levy above that certified
by the Property Appraiser.
There being no persons registered to sp~ak on the matter,
Commissioner Wenzel moved, seconded by Commissioner Archer and carried
4/0 with Commissioner Pistor absent, that the public hearing be closed.
Commissioncr Wenzel moved, seconded by Commissioner Wimer and
carried 4/0 with Commissioner Pistor not present, that the Collier
County Lighting District millage for FY 79-79 be adopted.
RESOLUTION 79-147 FINALIZING PY 78-79 MILLAGES - ADOPTED
Fiscal Officer Harold Hall stated that the proposed resolution
being prcaented for Board action is to finalize all millages to be
levied by thc Board of County Commissioners including all County-wide
mi1lages, County Government, special tax districts and independent
tax districts.
Commisaioner Wenzel moved, seconded by Commissioner Wimer
llnd carried 4/0 with Commissioner Pistor not present, that Resolution
78-147 finalizing tho FY 79-79 mtllages be adopted.
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Septembor 2G, 1978
RESOLUTION 76-148 nE PETITION V-78-23-C DY GAYLORD JONES REQUESTING
SETOACK VARIANCE ON LOT 19, BLOCK C, BIG CYPRESS GOLF ESTATES AND
COUNTRY CLUB - AOOPTED
Legal notice having been published in the Naples Daily News
on September 1, 1978 as evidenced by Affidavit of Publication previously
filed with the Clerk, public hearing was continued from September 19,
1978 to consider a proposed rosolution re Petition V"78-23-C by Gaylord
Jones requesting sotback variance to permit a swimming pool to be built
on Lot 19, Block C, Dig Cypress Golf Estates and Country Club.
County Manager Norman explained that when the matter under dis-
cussion was brought before the Doard previously a question was raised
regarding the impact the proposed variance would have on the adjacent
golf courae (the Country Club of Naples) and the Board deferred action
until representatives from the subject golf course had a chance to
consider their position.
Mr. E. J. Kidd, Kidd Construction Company, representing the
petitior.er, stated that he and Mr. Lloyd Barty, Director, Country
Club of Naples, met during the week, on the property, and that he
explained to Mr. Sarty how the project would look and how it would
affect the Country Club property. Hr. Sarty expressed concern over
the fact that the organizntion he represents was not informed with
regard to the variance, noting that it is the large landowner and
the people most affected. Zoning Director Carl Clemmer explained
that in the case of land-use change personL within 300' of the
subject property are notified; however, he said that this project
is not a land-use change, adding that the Country Club of Naples was
not notified.
Mr. Sarty continued by stating that some of the swimming pools
for which variances are being given back up to some of the fairways
on the golf course, noting that in this particular case the distance
between the swimming pool and the first tee is 135 yards. He said
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September 26, 1978
that the Country Club President had some knowledge of the variance
re'luest and the decision was made not to oppose it. However, said
Mr. Sarty, in his opinion it is wrong to have these Variances go
"sailing through" without more consideration than is given.
Commissioner Wenz~l suggested that the matter of notifying all
surrounding property owners when vartances are requested be further
discussed during a future Workshop Session. Mr. Clemmer commented
that the suggestion was acceptable to him.
Mr. Mike Zewalk, North Naples Civic Association, stated that
hia organization was approached regarding the matter and that he
visited the site and, in their opinion, the 51 variance being requested
will not be Objectionable; however, if the variance was greater than
that, it is possible they would have a different opinion.
There b~ing no further persons registered to address the matter,
Commissioner Wenzel moved, seconded by Commissioner Wimer and
carried 4/0 with Commissioner Pistor not present, that the public
hearing be closed.
Commissioner Nenzel moved, seconded by Commissioner Wimer
and carried 4/0 with Commissioner Pistor not present, that Resolution
78-148 re Petition V-78-23-C by Galord Jones, requesting setback
variance on Lot 19, Block C, Big Cypress Golf Estates and Country
Club, be adopted.
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September 26, 1978
VICE-CIIAIRMAN AUTHORIZED TO EXECUTE AGREEMENT WITH MEDIcAT. EXAMINER,
AND CONTRACT WITIl STATE DEPlIRTMENT OF IIRS - MEDICAL EXAMINER'S COMMISSION,
SUOJECT '].'0 CORRECTION OF TilE FEE SCIIEDULE IN TilE AGREEMENT
County Manager Norman rocallod that on September 12, 1978 a
proposcd budget for the Medical Examiner's Office was prescnted to the
Doard, and approved, and that the Board is now beinq requested to
approve tho formal Agreement with the Examiner which will supersede
the one which has been in effect for the past year. The second document,
said Mr. Norman, is, for approval of the contract with the State Depart-
ment of IIRS which is a requirement in order for the County to receive
State grant funds for assistance in the funding of the office. Mr.
Norman stated that the Agreement must be changed, if the Board approves
the Agreement, to increase the Morgue Fee item from $100 to $125 due to
a misunderatan(~ing regarding the hospital's charges for use of their
facilities, which Mr. Norman explaine~.
Commissioner Wenzel moved, seconded by Commissioner Archer and
carried 4/0 with Commissioner Pistor not present, that the Vice-
Chairman be authorized to execute the Agreement with the Medical
Examiner, subject to the correction on the fee schedule, and, the
Contract with the State Department of Health and Rehabilitative
Servicea - Medical Examiner's Commission.
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September 26, 1978
BOARD ^UTHORIZES FOR PLACEt-lENT ON THE NOVEMBER 7, 1978 BALLOT MILLl\GE
CHANGES RE IMMOKALEE AND MARCO ISLAND FIRE DISTRICTS
Fiscal Officer Harold Hall reported that a request has been
received from both the Immokaleo and Marco Island Fire Districts
asking that millage changes in both districts be placed on the November
7, 1978 ballots, in the respective areas, for voter approval. The
suggested wording was read by Mr. Hall, as followsl
1. Marco Island
Shall the Marco Island Fire Control District be
authorized to continue to levy up to one mill of
taxation annually on all property within its
boundaries but not be limited to a maximum revenue
of $20,000 from such taxation to moet the costs of
services provided by the District?
2. Immokalee
Shall the Immokalee Fire Control District be authorized
to reduce from three mills to one mill the maximum annual
taxation on all property within its 'boundaries but not
be limited to a maximulll revenue of $6,000 from such
taxation, to meet the costs of services provided by the
District?
Mr. lIall said that, with the Board's approval, the Supervisor of
Elections can be authorized to add the above questions to the ballot
in each of the respective areas. With the voter's approval in each
case, continued Mr. Hall, the changes would take place immediately,
as provided for in the Act.
Mr. Gary Bates, Immokalee Fire Control District, explained
that the District cannot operate on $6,000 annually any longer
and continue to provide the same fire protection in the community.
lie noted that the District is operating as a volunteer fire department
wi~h no paid members on the staff and it is their desire to maintain
a volunteer status as long as possible.
Commissioner Wenzel moved, seconded by Commissioner Wimer and
carried 4/0 with Commissioner Pistor absent, that authorization be
given for the addition of the millage changes for the Marco Island
and the Immokaloe Fire Districts to the November 7, 1978 referendum.
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September 26, 1978
Ccunty Attorney Pickworth stated for the record that the
action taken by tho Board is nothing more than approval to place
the questions on the ballot, not'ing that the Board is not expressing
any opinion, but rather porforming their statutory duty, with Mr.
!IaU adding the comment "at the request of the independent Districts."
In response to Commissioner Wimer's request, Mr. Hall stated that
he would vorify whether or not expansion of the North Naples Fire
District has to be by referendum or if it is done by the Legislature.
PETITION V-78-25-C BY VAUGHN H. AND MARILYN CHAMPEAU REQUESTING LOT
SIZE VARIANCE TO CONSTRUCT A DUPLEX ON LOT 1, BLOCK 2, OLD MARCO
VILLAGE PLAT - ADVERTISING AUTHORIZED FOR PUBLIC HEARING OCTOBER 24,
1978
Commissioner Archer moved, seconded by Commissioner Wimer and
carried 4/0 with Commissioner Pistor ab~ent, that Petition V-78-25-C
by Vaughn H. and Marilyn Champeau requesting lot size variance to
construct a duplex on Lot 1, Block 2, Old Marco Village Plat, be
advertised for public hearing October 24, 1978.
rROPOSED ORDINANCE RE RECIPROCITY WITH CITY OF NAPLES FOR LICENSING
OF CONTRACTORS - ADVERTISING AUTHORIZED FOR PUBLIC HRARING OCTOBER 24,
1978
Commissioner Wimer moved, seconded by Commissioner Archer and
carried 4/0 with Commissioner Pistor not present, that the proposed
ordinance regarding reciprocity with the City of Naples for licensing
of contractors be advertised for public hearing October 24, 1978.
PROPOSED ORDINANCE RE SALE OF ALCOHOLIC BEVERAGES AND REGULATION OF
HOURS RE SAME - ADVERTISING AUTHORIZED FOR PUBLIC HEARING OCTOBER 24,
1978
Con~issioner Wimer moved, seconded by Commissioner Archer and
carried 4/0 with Commissioner Pistor not present, that the proposed
ordinance regarding the sale of alcoholic beverages and regulation of
hours for same be advertised for public hearing October 24, 1978.
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Septomber 26, 1978
PROPOSED TRANSFER OF YAHL BROTHERS DISPOSAL, INC. FRANclIISE AGREEMENT
TO WASTE MANAGEMENT, INC. OF FLORIDA - REFERRED TO STAFF FOR REVIEW
WITH RECOl.IMENDATIONS TO THE BOARD OCTODER 31, 1970
County Manager Norman called to the Board's attention corres-
pondence dated September 7, 1978 from Attorney Daniel E. Conley,
representing Yahl Brothers Disposal, Inc., indicating that his client
has signed a merger agreement with Waste Management, Inc. of Florida,
contingent upon Board approval of said agreement. Mr. Norman, referring
to his response to the above-referenced letter, stated'that it would
be his intention to recommend to the Board that the matter be referred
to staff for further investigation. He said that there were repre-
sentativea from both firms in the audience to respond to any questions
the Commissioners might have.
Following brief discussion, Commissioner Wenzel moved, seconded
by Commissioner Wimer and carried 4/0 with Commissioner Pistor not
present, that the matter be referred to the County's Attorney, Engineer,
and Manager, for investigation and that a recommendation be made
to the Board at the October 31, 1978 meeting.
RESOLUTION 78-149 APPOINTING AND AUTHORIZING A SPECIFIC INDIVIDUAL TO
~XECUTE APPLICATIONS RE DOT PROJECTS - ADOPTED
Commissioner Archer moved, seconded by Commissioner Wimer, that
Resolution 78-149 Appointing and Authorizing County Manager C. W. Norman,
County Engineer C. B. Rarksdale, And County Utility Director I. L.
llerzon to execute documents to the Florida Department of Transportation
on behalf of Collier County be adopted.
It was pointed out by County Attorney Pickworth that this
type of resolution has been adopted in the past with County Manager
Norman adding that the change in County Managers has necessitated
the adoption of a new resolution.
Upon call for the queation ~he motion carried 4/0 with
Commissioner Pistor not present.
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September 26, 1978
RESOLUTION 78-150 PROVIDING FOR ASSESSMENT OF LIEN Fon THE COST OF
ABATEMENT OF PUBLIC NUISANCE RE CERTAIN PROPERTIES IN MARCO ISLAND AND
GOLDEN GATE CITY - ADOPTED, WEED ORDINANCE (76-14) TO BE WORKS HOPPED
DURING NEXT WORKSIIOP SESSION
Commissioner Wenzel moved, seconded by Commissioner Wimer,
that proposed Resolution 78-150, providing for assessment of lien
for the cost of abatement of public nuisance with regard to certain
properties described therein, be adopted.
During the discussion which followed, it was the consensus of
the Board that the Weed Ordinance (Ordinance 78-14) be further dis-
cussed during Workshop Session with regard to possibly amending the
subject ordinance to make it less difficult and time-consuming to
enforce.
Upon call for the question, the motion carried 4/0 with
Commissioner Pistor not present.
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September 26, 1978
CETlI AGENDA MATTERS - SEE ACTION TAKEN LATER IN TilE SESSION
County Manager Norman suggested that the agenda items with
regard to CETA matters be deferred until the balance of the agenda
has been completed. He said that some problems have developed in
the preparation of the Staff Recommendation which lend themselves
better to a Workshop Session which could be convened following
adjournment of the Regular Session. There were no objections
forthcoming regarding the suggestion.
RESOLUTION 78-151 ESTABLISHING A PERMIT FEE FOR WORK WITHIN PUBLIC
RIGHTS-OF-WAY - ADOPTED
County Engineer Clifford Barksdale explained that a permit fee
for work within the public rights-of-way has never been established
to defray the County's cost for the issuance of the permits and
related processing and inspection costs, said fee being allowable
under County Ordinance No. 77-29 and The Collier County Public Rights-
of-Way Construction Standards Handbook which has been adopted by the
Board. He said that the proposed permit fees are $15.00 Initial Permit
Fec, and $10.00 Reinspection-Fee, if required. The staff recommendation
is for the Board to approve the proposed resolution which establishea
the permitting fee for work withi.n the public rights-of-way, said Mr.
Barksdale.
Commissioner Wimer moved that Resolution 78-151 be adopted and
that the Vice-Chairman be authorized to sign same. The motion was
seconded by Commissoner Wenzel and carried 4/0 with Commissioner
Pis tor absent.
In response to a request for clarification of the type of work
covered in the resolution posed by Mr. Mike Zewalk, Mr. Barksdale
replied that the fee will provide funds for inspectors to make sure
that public rights-of-way have been restored to their original and
safe condition following installation of driveway, utility lines, and
the like.
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September 26, 1978
BOARD ESTABLISHES OCTOBER l7, 1978 AT 1130 P.M. FOR PRESENTATIONS
BY CON~ULTING FIRMS RE CONSTRUCTION PLANS AND SPECIFICATIONS FOR
TIGER TAIL BEACH PARK
Commissioner Wenzel moved, seconded by Commissioner Wimer, that
October 17, 1978, at ll30 P.M., be established as the date for inter-
views with consulting firms for the preparation of construction plans
and specifications for Tiger Tail Beach Park. FOllowing is the "short
list" of firms recommended by the Consultant Selection Committee:
1. CH2M Hill
2. Mayes, Sudderth & Etheredge, Ino.
3. Stanley Hole & Assoc.
4. Tri-County Engineering
Discussion followed during which it was noted that most of the
firms arc well-known to the Board and that background information
could be eliminated from the presentations. It was the consensus of
the Board that the presentations be limited to ten minutes each maximum,
and that the firms be so informed.
Upon call for the ques~ion the motion on the floor carried
4/0 with Commissioner Pi9tor not present.
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RECESS 10:00 A.M. until 10:10 A.M.
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CHAIRMAN AUTHORIZED TO SIGN (AFTER-THE-FACT) SUBGRANT APPLICATION RE
CONTINUATION OF SUBGRANT NO. 78-02-11-N613-04-PROCUREMENT OF TRAFFIC
ENGINEER FOR SUBGRANT PERIOD 10/1/78 TO 9/30/79
Commissioner Archer moved, seconded by Commissioner Wimer and
carried 4/0 with Commissioner Pistor not present, that the Chairman
be authorized to sign, after-the-fact, the Subgrant Application for
Continuation of Subgrant No. 78-02-11-N613-04 ro Procurement of
Traffic Engineer for Subgrant Period October l, 1978 to September 30,
1979.
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September 26, 1978
It was pointed out by County Manager Norman that the County
is one and one-half years into a three-year commitment regarding
the poaition.
*Note: Complote application on file in office of Clerk
of the Board.
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September 26, 1978
BID .329 FOR ANNUAL CONTRACT RE OVERBURDEN FILL AND LIMEROCK (IMMOKALEE
AREA) - AWARDED TO JACK QUEEN - HEAVY CONSTRUCTION, AND TO CENTURY
INDUSTRIES, RESPECTIVELY
Legal notice having been pUblished in tho Naples Daily News on
September 7, 1978 as evidenced by Affidavit of Publication filed with
the Clerk, bids were received until September 20, 1978 re Bid *329
(rebid of Immokalee portion of Bid '317) for Overburden Fill and
Limerock to the Immokalee Area. The rebid was necessitated due to
the late receipt of bid proposals from vendors serving the Immokalee
Area advised County Manager Norman.
Commissioner Wenzel moved, seconded by Commissioner Archer
and carried 4/0 with Commissioner Pistor absent, that Bid '329 for
annual contract for Overburden Fill and Limerock to the Immokalee
area be awarded to Jack Queen - Heavy Construction, Immokalee, Florida,
and to Ccntury Industries, Immokalee, Florida, respectively, as con-
taincd in thc recommendation of the Bid Review Committee letter
dated September 21, 1978, and that the Vice-Chairman and the Clerk
be authorized to sign and attest the resulting Agreements.
BOARD AUTHORIZES APPROPRIATION UP TO $7,500 FOR SUBSURFACE INVESTIGATION
FOR GROUNDWATER STORAGE TANK AND PUMP STATION RE GOODLAND WATER DISTRICT
Utility Director Irving Berzon explained that, prior to under-
taking final design for the 500,000 gallon groundwater storage tank and
pumping station in the Goodland Water Di~trict, detailed information
regarding the subsurfaco characteristics is required. Mr. Berzon
said that the land under consideration is close to water's edge and
serious problems have to be overcome and, therefore, it is imperative
that the investigation be undertaken. In response to Commissioner
I~enzelts inquiry, Mr. Derzon said that the drilling involved is
estimated to cost $2,000, the remainder of the estimated cost of
$7,500 submitted by the Consulting Engineers CCH211 Hill) will be for
the necessary lab work.
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September 26, 1978
Commissioncr Archer moved, seconded by commissionor Wenzel,
that the Board authorize an appropriation of up to $7,500 for the
!lubaurfaco investigations for gJ::oundwatar storage ta'nk and pump
atation in the Goodland Water District.
Noting Mr. Berzon's recommendation that the funds bo charged to
the Goodland Water District and made as a loan to the District from
the General Fund, Commissioner Wimer expressed uneasiness about con-
tinuing to loan money to the special districts and projects from the
General Fund.
Fiscal Officer Harold Hall commented that when such expenditures
arc approved it is necessary that the intent and the source of the funds
are identified, noting that it clarifies for the record exactly what
the Board of County Comaissioners is doing. In this particular instance,
said Mr. Hall, the appropriation will not be repaid within the coming
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fiscal year and will be on the books as a "due to" - an accounting
term meaning a sum due from one fund to another. In this case, said
Mr. Hall, from the Goodland District to the General Fund.
Upon call for the question the motion on the floor carried
4/0 with Commissioner Pistor not present.
NOHINATIONS TO GOVERNOR FOR APPOINTMENT TO GOVERNING BOARD OF THE
IMMOKALEE WATER & SEWER DISTRICT - DEFERRED UNTIL LATER IN THE SESSION
There being no objections, Vice-Chairman Brown directed that the
matter of nominations of persons to serve on the Governing Board of
the Immokalee Water/Sewer District, for appointment by the Governor,
be deferred until later in the Session to permit time for the delegation
from Immokalee to be present.
ROUTINE BILLS - AUTHORIZED FOR PAYMENT
Commissioner Wenzel moved, seconded by Commissioner Archer and
carried 4/0 with Commissioner pistor not present, that the bills be
approved for payment as witnessed by the fOllowing warrants issued
from September 20, 1978 through Septomber 26, 19781
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September 26, 1978
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County Water System
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ACTION TAKEN DY DCC 9/19/78 RE WATER FRANCHISE SETTLEMENT AGREEMENT,
GOODLAND, INCORPORATED CLARIFIED, APPROPRIATION OF INITIAL PAYMENT
OF $12,500 STIPULATED AS LOAN FROM GENERAL FUND TO GOODLAND WATER
DIS'l'RICT
Commissioner Wenzel moved, seconded by Commissioner Archer and
carried 4/0 with Commissioner Pistor absent, that the appropriation
of funds in the amount of $12,500 for the initial payment with regard
to the Water Franchise Settlement Agreement re Goodland, Incorporated,
authorized by the Board September 19, 1978, stipulated that the ap-
propriation is to be made as a loan to the District from the General
Fund, as recommended by Fiscal Officer Harold Hall.
BUDGET AMENDMENT 78-149 TO APPROPRIATE FUNDS FOR THE REPAIR OF
EQUIPMENT FROM BOAT RENTAL ACCOUNT RE BUILDING DEPARTME~T _ ADOPTED
IN THE AMOUNT OF $400
Commissioner Archer moved, seconded by Commissioner Wenzel and
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carried 4/0 with Commissioner Pistor not present, that Budget Amendment
78-149 to appropriate funds for the repair of equipment from the Boat
Rental Account, Duilding Department, be adopted in the amount of $400.
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Septombor 26, 1978
BUDGET Al1END~IENT 78-150 TO APPROPRIATE FUNDS FOR PURCHASE OF
EQUIPMENT RE AGRICULTURE DEPARTMENT - ADOPTED IN THE MIOUNT OF $70
Commissioner Archer moved, seconded by Commissioner Wenzel and
carried 4/0 with Commissioner Pistor absent, that Budget Amendment
78-l~0 to appropriate funds for the purchase of a projector stand
for the Agriculture Department, be adopted in the Amount of $70.
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September 26, 1978
BUDGET AMENDMENT 78-151 TO APPROPRIATE FUNDS FOR PURCHASE OF
EQUIPMENT FOR AGRICULTURE DEPARTMENT - ADOPTED IN THE AMOUNT OF $150
Commissioner Archer moved, seoonded by Commissioner Wenzel and
carried 4/0 with Commissioner Pistor not present, that Budget Amendment
78..151 to appropriate funds for the purchase of equipment (file cabinet)
for the Agriculture Department, be adopted in the amount of $150.
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September 26, 1978
FISCAL OFFICER PROVIDES STATUS REPORT RE $5,000,000 BOND ISSUE
Fiacal Officer Harold Hall advised that he and Clerk William
Reagan, together with a representative of the William R. Hough
Company and bond counsel, with information supplied through the
County Attorney, want through the closing of the $5,000,000 Bond
Issue on September 25, 1978, and said that the funds for the
Guaranteed Entitlement Bond Issue for Capital Improvements are in
Collier County banks - $5,000,000. Mr. Hall added that the County
did a little better than he originally thought it would do as far
as interest rate, noting that th~ bonds were issued at an interest
rate relatively favorable within today's rate structures on similar
type bonds - 6.64% net. He said that the rate includes capitalization
of all of the costs. Mr. Hall commented that there have been several
similar type issues netting 6.75%, noting that on~ issue closed
at 7.35% the same date.
COUNTY ATTORNEY AUTHORIZED TO TAKE APPROPRIATE ACTION RE LITIGATION
OVER REPAIRS TO AMERICAN AMBULANCE VEHICLE
County Attorney Pick'.lorth brought to the Board's attention a
possible legal matter concerning an American Ambulance vehicle. He
said that he has received a letter from Attorney Charles Holley,
representing American Ambulanc~, regarding an ambulance, owned by
the County, having been purchased under Stato contract last year,
which, under the Lease Agreement with American Ambulance, is leased
to the firm who uses it and services it. The particular vehicle,
said Mr. Pickworth, has been a "real lemon" and that approximately
$4,500 has been paid out over the course of a year in repairs and
down-time. Mr. Pickworth stated that the ambulance firm is desirous
of suing the vendor for the mone~ back plus the costs to keep it
going, noting that, sinco the County is the titleholder, the suit
would have to be brought in the nama of both the County, as the owner,
nnd Americnn Ambulanco, as the lossee. He said that American 1\bmulance
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September 26, 1978
would prosecuto the suit in the name of the County and Board authoriza-
tion is needed to enter into the suit.
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In response to Commissioner Wimer, Mr. Pickworth recommended that
legal action be takenl however, further discussions are needed con-
cerning who will pay the' costs involved because under the contract
with American Ambulance, in his opinion, the legal fees would be
reimbursable expenses and the County will probably end up paying them.
Mr. Pickworth requested Board authorization to proceed contingent upon
clarification of some of the questions involved.
Commissioner Wonzel moved that the County Attorney be authorized
to review the matter and take whatever action is necessary for the good
of the County. Commissioner Wimer seconded the motion which carried
4/0 with Commissioner Pistor not present.
Mr. Pickworth commented that if the questions cannot be cleared
up, he will not give authorization but will come back to the Board
with his findings.
Mr. Mike Zewalk questioned why the suit could not be brought by
the County Attorney rather than by the attorney for American Ambulance.
Commissioner Wenzel noted that Mr. Pickworth has been instructed to
take whatever action is necessary and that if it is his opinion that
it would be better for the County to institute the aotion, he will
undoubtedly so recommend.
VICE-CHAIRMAN AUTHORIZED TO SIGN ~ FORM REGARDING INSTALLATION OF
ANTENNA CLOSE TO THE AIRPORT walCH IS POSSIBLY ABOVE THE MAXIMUM
ALLOWABLE HEIGHT .
Administrative Aide to the Board Mary Morgan stated that author-
ization is needed for the Chairman to sign a form to be submitted to
the FAA, together with comments, regarding their notification to the
County that a Davis Blvd. business has petitioned to install an antenna
'close to the airport and said business should be notified that the
antenna is above the maximum height normally allowable.
8CC~
044 rA~: 41
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BCC~
044 Fh~~ 42
September 26, 1978
Commissioner Wenzel moved, seconded by Commissioner Archer and
carried 4/0 with Commissioner Pistor not present, that the Vico-
Chairman be authorized to execute the FAA form, as detailed by
Nrs. Morgan.
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September 26, 1978
CHAIRMAN AUTHORIZED TO SIGN CAFTER-TIlE-FACT) CERTIFICATE FOR CORRECTION
ON THE 1974 TAX ROLL NO. 420 DATED 9/19/78
Commissioner Wenzel moved, seconded by Commissioner Archer and
carried 4/0 with Commissioner Pistor absent, that the Chairman be
authorized to sign, after-the-fact, Certifioate for Correction on the
1974 Tax Roll No. 420 dated September 19, 1978.
RESOLUTION 78-152 OPPOSING LEGALIZATION OF CASINO GAMBLING IN THE
STATE OF FLORIDA - ADOPTED
Commissioner Archer moved, seconded by Commissioner Wenzel and
carried 4/0 with Commissioner Pistor not present, that Resolution 78-152
opposing the legalization of Casino Gambling in the State of Florida be
adopted, as recommended by Con~issioner Pis tor in his memorandum to
the Board following receipt of similar resolution adopted by the City
of Naples.
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BGO~ 044 Pl.;: 46
Septomber 26, 1979
VICE-CHAImiAN AUTHORIZED TO SIGN LETTER TO CONGRESSIONAL DELEGATION
REQUESTING THEIR SUPPORT OF Ii. R. 9394 AND S. 74 - PAYMENTS-IN-LIEU
AMENDMENTS RE REIMBURSEMENT TO COUNTIES FOR AD VALOREM TAXES ON
PROPERTIES TAKEN UNDER FEDERAL CONTROL
Commissioner Archer moved, seconded by Commissioner Wenzel and
carried 4/0 with Commissioner Pistor not present, that the Vice-
Chairman be authorized to sign a letter to the Congressional Delegation
requesting their support of H.R. 8394 and S. 74 - Payments-in-Lieu
Amendments, with regard to compensation to counties for the loss in
ad valorem tax base on properties taken under Federal control.
DISCUSSION OF REQUEST FROM CONT~CTORS LICENSING BOARD RE EI1PLOYMENT
OF COMPLIANCE INSPECTOR FOR ENFORCEMENT OP ORDINANCE 78-2
Administrative Aide to the Board Mary Morgan advised the Board of
the receipt of a letter dated September 19, 1979 from Richard W. Morris,
Chairman, Contractors' Licensing Board, requesting the Board to consider
the hiring of a Compliance Inspector for the purpose of enforcing
County Ordinance 78-2 regarding licensing of contractors.
Following brief discus,ion, Commissioner Wimer moved, seconded by
Commissioller Wenzel and carried 4/0 with Commissioner Pistor not present
that the subject correspondence be acknowledged, and that the matter be
referred to staff for recommendations to the Board.
CHAIRMAN AUTHORIZED TO SIGN APPROPRIATE LETTER TO MR. WILLIAM BARNETT
RE RESIGNATION FROM PARKS AND RECREATION ADVISORY BOARD, AND TO 1\LTERNATI
MEMBER RE APPOINTMENT AS FULL MEMBER, NOMINATIONS ~O BE SOLICITED FOR
ALTERNATE MEMBER APPOINTEE
Administrative Aide to the Board Mary Morgan noted the receipt of
correspondonce dated September 15, 1978 from Mr. William Barnett
notifying Parks and Recreation Director Rol1ie Rice of his resignation
from the Parks and Recreation Advisory Board.
Commissioner Wenzel moved, seconded by Commissioner Archer and
carried 4/0 with Commissioner Pistor absent, that an appropriate letter
of appreciation be prepared for the Chairman's signature to be forwarded
to Mr. Barnett, and that tho Alternate Member of the advisory board be
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September 26, 1978
notified of his appointment as regular momber; also, that nominations
bo solicited from persens wishing to servo as Alternato Member on the
advlsory board.
DISCUSSION OF ATTORNEY GENERAL'S OPINION RE ME~BERSIIIP ON INDUSTRIAL
DEVELOPMENT AUTHORITY ^ND RESIGNATION OF t'IILLIAM PRICE FROM SUBJECT
nOARD; ALTERNATE MEMBER TO DE DESIGNATED
Administrative Aide to the Board Mary Morgan, referring to
the County Attorney's memorandum to the Board dated September 19, 1978,
stated that it is the Attorney General's opinion that counties do not
have the authority to creato an Industrial Development Authority of
more than five members. She noted that the existing Authority is
compoaed of seven members.
Vice-Chairman Brown notified the Board that Hr. William Price
has resigned from the Authorlty due to the regulation requiring
divulgence of personal finances to the pUblio.
Commissioner Wenzel moved, seco~ded by Commissioner Wimer and
carried 4/0 with Commissioner Pistor absent, that the six remaining
mombcrs on the Industrial Development Authority be retained and that
onc member be designated by the membership as Alternate Member.
VICE-CHAIRMAN AUTHORIZED TO SIGN DNR PERMIT NO. A78-P-89 FOR
CONSTRUCTION OF WOODEN WALKWAY IN TIGER TAIL BEACH PARK
Commissioner Wenzel moved, seconded by Commissioner Archer and
carried 4/0 with Commissioner Pistor not present, that Vice-Chairman
Brown be authorized to sign DNR Permit No. A78-P-89.for construction
of a wooden walkway in Tiger Tail Beach Park.
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September 26, 1978
COMMISSIONER ARCHER AND ADDITIONAL COMtoIISSIONERS AUTHORIZED TO
ATTEND S^CC MEETING IN FT. LAUDERDALE, FLORIDA, SEPTEMBER 28-30,
19781 REPORT TO DE FORTIICOMING FROH THOSE ATTENDING REGARDING TilE
1977 FLOIUDA IIEALTH CARE RESl'ONSInILITY ACT
Administrative Aide to the Board Hary Morgan reported on the
receipt of n memorandum dated September 18, 1978 from the Suwannee
County Clerk of Circuit Court urging representatives from the BCC
to attend the Florida Association of County Commissioners annual
meeting on September 28-30, 1978 in Ft. Lauderdale, Florida, during
which the 1977 Florida Health Care Responsibility Act will be dis-
cussed.
Commiosioner Archer noted his intention to attend the meeting
and requested that the Board take no action regarding the matter until
a report is forthcoming following the meeting.
Commissioner Wenzel moved, seconded by Commissioner Wimer and
carried 4/0 with Commissioner Pistor'not present, that Commissioner
Archer be authorized to attend the subject meetings, together with
other Commiasioners if they so desire, and to report back to tI:.e
Board the results of the discussions to be held regarding the Health
Care Responsibility Act.
REQUEST FOR EXPANSION OF 951 BOAT RAMP - COUNTY MANAGER DIRECTED TO
PROVIDE R~CO~~ENDATIONS RE SAME
Adminiatrative Aide to the Board Mary Morgan called the Board's
attention to the memorandum dated September 21, 1978 from Commissioner
Pistor suggesting that consideration be given to increasing the size
of the parking lot at the 951 Boat Ramp and that the County Manager
be instructed to see what could be done to get permission for such
addition and to apply for Boating Improvement Funds to pay the cost
of the additional construction and additional lighting.
Brief discussion followed with Commissioner Wimer expressing
a favorable opinion regarding the expansion; however, he observed
that the subject funds are being considered for improvements to Dayvicw
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Septembor 26, 1978
Park end should be used for this project before adding onto the
Boat Ramp, in his opinion.
Commissioner Archer moved, seconded by Commissioner Wenzel and
carried 4/0 with Commissioner Pistor absent, that the County Manager
and ataff be directed to determine the cost and funding for the subject
proposal and to provide the Board with recommendations including a
determination of priorities regarding the funding.
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RECESS: 10135 A.M. until 10:55 A.M. to permit Board participation
in Citrus Produots 'Program sponsored by the AgriCUlture
Department.
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LAKE TRAFFORD MEMORIAL GARDENS CEMETERY DEED NO. 171 - ACCEPTED
Fon RECORDATION
Pursuant to action taken by the Board January 10, 1978 wherein
the Chairman was authorized to sign Lake Trafford Memorial Gardeno
Cemetery deeds as the need arises, Deed No. 171, signed by Vice-
.';hairman Brown, was accepted for recordation.
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b~C~ 044 I'/,;~ 52
September 26, 1978
BOARD AUTHORIZES nOMINATIONS OF PERSONS TO SERVE ON TilE IMMOKALEE
WATER/SEWER DISTRICT BOARD OF COVRRNORS TO BE SUBMITTED TO TilE GOVERNOR
FOR APPOINTf>lENT, AS FOLLOWS: MESSRS. GERALD CRANFORD, ERNEST L. JOHNSON,
JR., WILLIlIM G. PRICE, SAN E. HEATH, NASH LLOYD, RICHARD JOIINSON, AND
NEIL L. CHlIMBERS
Rev. Clarence Weeks, Immokalea Chamber of Commerce, expressed
appreciation to the Board of County Commissioners for granting represent-
atives from the Immokalce area their request that they be permitted to
go through the necessary steps to govern the proposed Immokalee Water/
Sewer System locally. Rev. Weeks pointed out that local control was
desirable, not because the Commissioners would not do a good job in
this regard, but rather because tt was felt that the project could be
better administered by local persons who could respond to complaints
locally without the residents having to drive forty miles
to the
Courthouse.
Attorney Tom Boardman, representing the Immokalee Chamber of
Commerce, stated that the names of those person recommended by the
Chamber. of Commerce to serve on the Board of Governors and who have
consented to serve, are, with one exception, the existing board of
the Immokalee Utilities Corporation which administers the waterworks,
and read the following list of nominations:
1. Gerald Crawford
2. Ernest L. Johnson, Jr.
3. William G. Price
4. Slim E. Heath
5. Nash Lloyd
6. Richard Johnson
7. Neil L. Chambers
Con~issioner Wenzel moved, seconded by Commissioner Wimer and
carried 4/0 with Commissionor Pistor not present, that the list of
nominations submitted be approved, and that said nominations be sub-
mitted by the Vice-Chairman to the Govornor for appointment as soon
liS possible.
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Soptombor 26, 1978
VICC:-CIlAIRMAN AUTHORIZED TO SIGN CONTRACTS FOR CETA 'rITLE II,
TITLE VI, AND TITLE VI PROJECTS FOR FIRST QUARTER 1979
Mr. A. James Mcerpohl, CETA Director, explainod that he was
appcaring beforo the Board to requost that they sign the new 1979
Public Service Employment Contracts. Along with the contracts, said
Hr. Meerpohl, is some correspondenco recoived Septombor 25, 1978,
advising that tho Balance of State Prime Sponsor, Dopartment of
Community Affairs, at the Governor's direction, has decided that
Collier County should pay more benefits than what is presently
being paid to the CETA employees.' Mr. Meerpohl added that the
pertinont benefits are, at this moment, in controversy as far as the
Department of Labor is concerned in that Federal Regulations concerning
the CE'I'A Program do not prohibit but, at the same time, they do not
cncourage tcmporary employees, which CETA employees are, to be paid
rctiremcnt and Social Security benefits. He said that the Department
of Community Affairs has reversed their decision and have told the
CETA program adminiatrators to start paying these benefits, knowing
that this has not boen done for the last eight months.
In answer to Commissioner Wenzel's inquiry, Mr. Meerpohl said that
there is no final word at the moment because the Department of Labor,
Atlanta, has recommended that the CETA participants continue to be
paid what they have been paid until some determin~tion is mado by
the Department of Labor, not by the Prime Sponsor, as to who is right
and who is wrong in this matter.
When asked for an opinion, County Attorney Pickworth said that
the Board should authorize the signing of the contracts and authorize
the staff and the Legal Department to take whatever administrative
legal action is necessary to enforce the County's rights.
Commias10ner Wenzel inquired if there would be retroactive
payments to be made and, if so, who would make up this difforenco.
Mr. Heerpohl responded by stating that cETA funds would mako up the
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BCCX 04. 4 r~~: 54-
September 26, 1978
difference, noting that there are enough CETA funds left over from
tho past yoar to pay the retirement benefits, however, these funds
were going to be used during the coming year to place more persons
in employment.
Commissioner Wenzel moved that the Vice-Chairman be authorized to
sign the CETA contracts re Title II, Title VI, and Title VI Projects,
for the First Quarter - 1979. The motion Was seconded by Commissioner
Archer.
County Manager Norman suggested that it should be clear on the
record that the contracts being acted upon do not include the fringe
benefit costs which are the subject of the correspondence previously
referred to and, based on said letter, it means that the Manpower
Office will refuse to execute the Contracts for the State. Mr.
Norman said that appropriate steps will be taken which probably will
include the filing of some kind of request to the Federal Department
of Labor to review the matter and protest the regulation.
Upon call for the ques~ion the motion carried 4/0 with Commissioner
Pintor not present.
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September 26, 1978
BOAno APpnOVED CETA TENTATIVE ADMINIST~TION DUDGET, ADDITIONAL STAFF,
AND DEPARTMF.NT ORGANIZATION CONCEPT, FIN^L DUDGET APPROVAL TO DE FORTH-
COMING PENDING RECEIPT OF DET^ILED ^DMINISTR^TION BUDGET
Mr. A. Jamcs Meerpohl, CETA Director, referred to the two-page
cxecutive summary regarding the CETA Administrative Budget, including
additional staff roquirements, and the proposed Organizational Chart,
for which Doard approval is being requested. Mr. Moerpohl explained
the new Federal and State guidelines which must be followed to prepare
persons for CETA employment, plus the new grants, which require
additional work and necessitate additional personnel.
Commissioner Wonzel inquired of County Manager Norman if he
has looked over the material submitted and if he recommends that it
bc approved with Mr. Norman responding in the affirmative noting that
the budget is only t~ntativ~ and needs ~o be more detailed.
Commissioner Wenzel moved, seconded by Commissioner Wimer and
carried 4/0 with Commissioner Piator not present, that approval be
givcn of the CETA Administration Budget (Tentative), Additional Staff
and Department Organization Concept, as requested by cETA Operations
Director, contingent upon receipt of detailed cETA Administration Budget.
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Soptember 26, 1978
DISCUSSICN OF "GRANDFATIIERING-IN" PROVISIONS IN CONTRACTORS' LICENSING
DOARD ORDINANCE - RECOMMENDATIONS TO DE FORTHCOMING
At the request of Vico-Chairman Brown, brief discussion was
held regarding the Contractors' Licensing Board Ordinance, particularly
regarding the "grandfathering-in" provisions contained therein. During
the discusaion, County Attorney Pickworth stated that he can see some
cquitability of making adjustments to the provision but it is a matter
for the Board of County Commissioners and tha Contractors' Board to
consider and provide recommendations. He said that there has to be
some requirements which are fair to everyone and that once they
are "laid down" they will be the 'rules and applied equally to everyone.
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED
There being no objection, the Vice-Chairman directed that the
following correspondence be filed and/or referred to the various
departments as indicated I
I. Letter dated September 25, 1978 from Edwin D. Krupo,
President, Marco Island Fire Control District, requesting
that certain changes in the operation of the District be
placed on the ballot for the November 7, 1978 election _
filed.
2. Letter dated September 15, 1978 from Mr. and Mrs.
Joseph Marszahkowski, AShton, R.I., re Guilford Road Fire
hydrants and method of paying assessment for same - xc
to Fiscal Officer for response; and filed.
3. Memorandum dated September 22, 1978 from County Manager
transmitting results of questionnaire distributed to
employees re Smoking Regulations in the Snack Bar and
the provisions to be made therefor - filed.
4. Letter dated September l4, 1978 from Robert I1cNichols,
County Administrator, Pulaski, Virginia, requesting
letters be written to appropriate legislators re the
Rural Development Act of 1978 - filed
5. Letter dated Soptember 11, 1978 from Mrs. Andrew Young,
Washington, D.C., with attachments, re Year of the
Child, 1979 - filed.
6. Copy of letter dated September 18, 1978 to Thomas R.
Peck, P.E., Naples, Florida, from Dept. of Commerce,
transmitting schedule of prevailing wage rates applicable
to Construction of Potable Water Distribution System
project - xc to Utility Director 9/25/78; and filed.
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September 26, 1978
18. PSC Notices of Filing of Application for a Certificate of
Public Convenience and Necessity re Triangle Trucking, Inc.,
and re Lounge Car Tours of Florida, Inc. - filed
19. PSC Notice of Filing for Extension of Certificate re
All Southern Trucking, Inc. - filed
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There being no further business for the good of the County,
the meeting was adjourned by order of the Vice-Chairman -
Time: 11:15 A.M.
BOARD OF COUNTY COMMISSIONERS/EX
o FICIO GOVERNING BOARDIB) OF SPECIAL
DIeTS UNDER ITS CONTROL
ATTEST:
WILLIAM J. REAGAN,
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