Recap 02/09/2021 RPage 1
February 9, 2021
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor Naples, FL 34112
February 09, 2021
9:00 AM
Commissioner Penny Taylor, District 4 – Chair – CRAB Co-Chair
Commissioner William L. McDaniel, Jr., District 5; - Vice Chair - CRAB Co-Chair
Commissioner Rick LoCastro, District 1
Commissioner Andy Solis, District 2
Commissioner Burt Saunders, District 3
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE
ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE
(3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
REQUESTS TO PETITION THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER “PUBLIC PETITIONS.”
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
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February 9, 2021
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Invocation by Father Tom Thoeni of St. Paul's Episcopal Church
Invocation Given
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (ex
parte disclosure provided by commission members for consent agenda.)
Approved and/or Adopted w/changes – 5/0
B. January 12, 2021 BCC Meeting Minutes
Approved as presented – 5/0
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
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February 9, 2021
B. ADVISORY BOARD MEMBERS
C. RETIREES
D. EMPLOYEE OF THE MONTH
4. PROCLAMATIONS
Read into the record - Items #16H1, #16H2 and #16H3
• Artist of the Month – Muffy Gill
5. PRESENTATIONS
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
A. Dan Cook – Covid-19 Vaccines and mask mandate
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. This item requires all participants be sworn in and ex-parte disclosure
be provided by Commission members. Recommendation not to approve
an Ordinance amending Ordinance No. 03-40, as amended, the Heritage Bay
Planned Unit Development, to amend Section 2.5.A of the PUD document,
to clarify the ability of the property owners associations to place and operate
access control facilities such as gates and control arms on private roads
including but not limited to Limestone Trail, and providing for an effective
date. The property is located on the northeast corner of Immokalee Road and
Collier Boulevard (CR 951) in Sections 13, 14, 23 and 24, Township 48
South, Range 26 East, Collier County, Florida, consisting of approximately
2,562± acres. [PL20200000191] (District 3)
Ordinance 2021-06 Adopted – 5/0
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to appoint a member to the Animal Services Advisory
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Board. (All Districts)
Resolution 2021-33: Appointing Kelly Hyland – Adopted 5/0
B. This item has been continued from the January 26, 2021 BCC meeting .
Recommendation to appoint four members to Conservation Collier Land
Acquisition Advisory Committee. (All Districts)
Resolution 2021-34: Appointing David Corban, Carl Kuehner and Re-
appointing Gary Bromley and Brittany Patterson-Weber – Adopted 5/0
11. COUNTY MANAGER'S REPORT
Continued to the February 23, 2021 BCC Meeting (Per Agenda Change Sheet)
A. Recommendation to award Agreement No. 20-7722 in the total amount of
$28,738,890 to The Haskell Company for "Design Build Services for
NCWRF Headworks," with authorization to issue an initial purchase order
for FY 2021 in the amount of $20,000,000, followed by a future purchase
order modification for FY 2022 in the amount of $8,738,890 subject to
Board approval and as dictated by Board -approved funding, in support of the
NCWRF New Headworks Project No. 70149, and to authorize the necessary
budget amendments. (Tom Chmelik, Engineering and Project Management
Division Director) (All Districts)
B. Recommendation to approve the East of CR951 Bridge Reevaluation Study,
direct staff to design and construct the five (5) recommended bridges and
continue public engagement with the impacted residents through the design
and construction process. (Lorraine Lantz, Principal Planner; Capital Project
Planning) (District 5)
Motion to continue for further discussion with staff to bring back traffic
analysis – Approved 5/0
C. Recommendation to accept an update on Board - directed Collier CARES
community assistance programs and approve allocation of funding available
in the General Fund through reimbursements of public safety expenses from
the Coronavirus Relief Fund. (Sean Callahan, Executive Director, Corporate
Business Operations) (All Districts)
Approved – 5/0
D. This item to be heard no sooner than 1:00 p.m. Recommendation to
accept a presentation on the Big Cypress Basin (BCB) Boundary Delineation
study conducted by the South Florida Water Management District (District)
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and recently submitted to the Governor and legislative leadership as directed
in the 2020 General Appropriations Act. (John Mullins, Government Affairs
Manager, County Manager's Office) (All Districts)
Motion not to accept the bill as written and the chair to send a letter to
the legislative body explaining the Commission’s strong position –
Approved 5/0
E. Recommendation to provide additional staff direction regarding the County
Manager recruitment process. (Amy Lyberg, Human Resources Division
Director) (All Districts)
Motion for each candidate to meet with all commissioners individually
and bring the candidates back for a presentation at the March 9th BCC
Meeting and the decision made at the March 23rd BCC Meeting –
Approved 5/0
12. COUNTY ATTORNEY'S REPORT
A. Report on the status of the Seed to Table mask dispute. (All Districts)
Report given
Moved from Item #16K1 (Per Agenda Change Sheet)
B. Recommendation to appoint two members to the Parks and Recreation
Advisory Board. (All Districts)
Motion to bring back to a future BCC Meeting after further
consideration – Approved 5/0
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Mr. Ochs – CRA Workshop on April 6
B. Commissioner McDaniel – NDN article regarding Commissioner Taylor
C. Commissioner Taylor – Developer Fast Tracking Land Use items
D. Commissioner Taylor – Business of the Month
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E. Commissioner Taylor – Truck traffic on Logan Boulevard
F. Commissioner McDaniel – Truck traffic on Logan Boulevard
G. Commissioner Taylor – Adjourned
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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Approved and/or Adopted w/changes – 5/0
A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements for the final plat of Coral
Harbor, Phase I, Application Number PL20160001134, and authorize
the release of the maintenance security. (District 1)
Resolution 2021-23
2) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements for the final plat of Coral
Harbor, Phase II, Application Number PL20160001577, and authorize
the release of the maintenance security. (District 1)
Resolution 2021-24
3) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements for the final plat of
Naples Reserve, Phase I, Application Number PL20120002540, and
authorize the release of the maintenance security. (District 1)
Resolution 2021-25
4) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements for the final plat of
Naples Reserve, Phase II, Application Number PL20130002124, and
authorize the release of the maintenance security. (District 1)
Resolution 2021-26
5) Recommendation to approve a Resolution for final acceptance of the
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private roadway and drainage improvements for the final plat of
Naples Reserve Circle, Application Number PL20160000038, and
authorize the release of the maintenance security. (District 1)
Resolution 2021-27
6) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements for the final plat of
Savannah at Naples Reserve – Replat, Application Number
PL20190000578, and authorize the release of the maintenance
security. (District 1)
Resolution 2021-28
7) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements for the final plat of
Residences at Mercato, Application Number PL20140001634, and
authorize the release of the maintenance security. (District 2)
Resolution 2021-29
8) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $110,560 which was posted as a
guaranty for Excavation Permit Number 60.148 for work associated
with Vanderbilt Reserve, PL20160002709. (District 3)
9) Recommendation to approve an Agreement for the purchase of land
(Parcel 234FEE) required for the Vanderbilt Beach Road Extension
(Project No. 60168). (District 5)
Folio #37548000108
10) Recommendation to approve an Agreement for the purchase of land
(Parcel 209FEE) required for the Vanderbilt Beach Road Extension
(Project No. 60168). (District 5)
Folio #37543520007
11) Recommendation to approve an agreement for the acquisition of three
fee simple right-of-way parcels (Parcels 101FEE1, 101FEE2 and
101FEE3) and a temporary driveway restoration easement (Parcel
101TDRE) required for the construction of roadway and related
improvements to Triangle Boulevard and Price Street. (Triangle
Boulevard Project No. 60215.) (District 1)
Folio #6848000329
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12) Recommendation to approve an Agreement for the purchase of right-
of-way (Parcel 1180RDUE) required for the Vanderbilt Beach Road
Extension (Project No. 60168). (All Districts)
Folio #37440120102
13) Recommendation to award Request for Proposal (“RFP”) No. 20 -
7778, “Right-of-Way Acquisition Services,” to Florida Acquisition &
Appraisal, Inc., and award attached Agreement No. 20 -7778. (All
Districts)
14) Recommendation to approve and authorize the Chairman to sign a
Collier County Landscape Maintenance Agreement (“Agreement”)
between Collier County and Manatee Cove of Naples Homeowners
Association, Inc., for landscape and irrigation improvements within
the Manatee Road public right-of-way. (District 1)
15) Recommendation to approve and authorize the Chairman to sign a
Collier County Landscape Maintenance Agreement (“Agreement”)
between Collier County and Founders Square Umbrella Association,
Inc., for landscape and irrigation improvements within the intersection
of Collier Boulevard and Immokalee Road public right-of-way.
(District 3, District 5)
16) Recommendation to approve an Agreement for the purchase of land
(Parcel 117FEE) and an easement (Parcel 117TDRE) required for the
Vanderbilt Beach Road Extension Project (Project No. 60168).
(District 5)
Folio #36715700009
17) Recommendation to approve and authorize Chairman to execute a
Work Order under Contract #18-7432-CZ to provide engineering
services for Collier Creek Final Permitting, Design, and Construction
Services for time and material not to exceed $179,837.97 to APTIM
Environmental & Infrastructure, LLC., and make a finding that this
expenditure promotes tourism. (All Districts)
18) Recommendation to approve and authorize the Chairman to execute
Agreement No. 21CO1 with the Florida Department of Environmental
Protection (FDEP) Bureau of Beaches and Coastal Systems Beach
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Management Funding Assistance Program for funding reimbursement
and support for Collier County Beach Renourishment and Inlet
Management Projects for the period ranging from January 1, 2019
through December 31, 2023 in an amount not to exceed $5,888,065
for the Vanderbilt, Park Shore and Naples beaches and make a finding
that this item promotes tourism. (All Districts)
19) Recommendation to approve and authorize the Chairman to execute
Amendment No. 1 to Agreement 20CO2 with the Florida Department
of Environmental Protection Bureau of Beaches and Coastal Systems
Beach Management Funding Assistance Program to provide
additional State reimbursement funding in the amount of $697,395 for
the completed South Marco Island Beach Nourishment Project and
make a finding that this item promotes tourism. (All Districts)
20) Recommendation to approve and authorize the Chairman to execute
Amendment No. 1 to Agreement 20CO3 with the Florida Department
of Environmental Protection Bureau of Beaches and Coastal Systems
Beach Management Funding Assistance Program to provide
additional State reimbursement funding in the amount of $847,070 for
the completed Wiggins Pass Dredging and Inlet Management Project
and make a finding that this item promotes tourism. (All Districts)
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to approve the attached Right of Entry which will
provide Naples Botanical Garden with temporary legal access onto
certain County-owned park lands to plant trees funded by the
Community Foundation of Collier County ($300,000 for Collier
County and $50,000 for Immokalee). (All Districts)
2) Recommendation to approve a $280,070 work order under a Request
for Quotation (“RFQ”) for Agreement No. 14-6213 to Quality
Enterprises USA, Inc., for the South Reverse Osmosis (SRO)
Wellfield Wells 19-20 Electrical Improvements (Project No. 70069).
(All Districts)
3) Recommendation to award Agreements in relation to Invitation to Bid
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(“ITB”) No. 20-7750, “Instrument Calibration, Repair and
Replacement Services” to Benro Enterprises, Inc., d/b/a Rocha
Controls; Gossamer Bay, Inc., d/b/a Universal Controls Instrument
Service Company; and TriNova, Inc. (All Districts)
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve two (2) mortgage satisfactions for the
State Housing Initiatives Partnership (SHIP) loan program and HOME
Investment Partnership Program (HOME) and authorize the
associated Budget Amendments. (All Districts)
Located at 561 2nd Street NE and 5296 19th Place SW
2) Recommendation to approve an FY20/21 Federal Transit
Administration Section 5311 Public Transportation Grant Agreement
for formula grants for rural areas in the amount of $1,163,652 to
provide transit service to the rural area of Collier County; approve a
resolution authorizing the Chair to sign the agreement and
certifications and all necessary Budget Amendments. (All Districts)
Resolution 2021-30
3) Recommendation of an "After-the-fact" approval of an amendment
and attestation statement with the Area Agency on Aging for
Southwest Florida, Inc., under the Older American Act grant program
to revise funding for the Services for Seniors program, revise
Attachment IX – Budget and Rate Summary, and authorize necessary
budget amendments (All Districts)
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to approve the administrative reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval. (All Districts)
2) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property and
notification of revenue disbursement. (All Districts)
F. COUNTY MANAGER OPERATIONS
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1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the FY20-21 Adopted Budget. (All Districts)
Resolution 2021-31
2) Recommendation to authorize the necessary budget amendments to
reallocate Pelican Bay Services Division project funds to support the
design and construction of the new Pelican Bay Services Maintenance
Facility. (District 2)
3) Recommendation to approve the use of Tourist Development Tax
Promotion Funds in an amount not to exceed $7,500 to support the
Naples BMX State Race at the Golden Gate Community Park BMX
Track and make a finding that this expenditure promotes tourism. (All
Districts)
Being held in March 2021
4) Recommendation to approve the selection committee’s ranking for
Request for Professional Services (“RPS”) No. 20-7817, “CEI
Services for Pelican Bay Sidewalk Improvements,” and authorize staff
to begin contract negotiations with the top-ranked firm, Johnson
Engineering Inc., so that staff can bring a proposed agreement back
for the Board’s consideration at a subsequent meeting. (District 2)
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
1) Proclamation recognizing the accomplishments and continued work of
the Collier County Food Policy Council to improve public health and
prevent chronic disease through nutritionally sound practices in
Collier County. The proclamation will be mailed to the Food Policy
Coordinator, Southwest Florida Regional Planning Council .
Adopted
2) Proclamation designating February 21 - 27, 2021 as Engineers Week
in Collier County. The proclamation will be mailed to the Florida
Engineering Society - Calusa Chapter.
Adopted
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3) Proclamation designating February 9, 2021 as Community School of
Naples Day in Collier County. The proclamation will be mailed to the
Public Relations Manager, Community School of Naples, 13275
Livingston Road, Naples, Florida 34109.
Adopted
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence (All Districts)
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve the FY2020 State Criminal Alien
Assistance Program (SCAAP) letter delegating authority to Sheriff
Kevin Rambosk to be the official grant applicant and contact person,
or his designee, and to receive, expends the payment and make any
necessary budget amendments of the FY2020 of the State Criminal
Alien Assistance Program (SCAAP) grant funds. (All Districts)
2) Report to the Board regarding the investment of County funds as of
the quarter ended December 31, 2020. (All Districts)
3) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
periods between January 14, 2021 and January 27, 2021 pursuant to
Florida Statute 136.06. (All Districts)
4) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of February
3, 2021. (All Districts)
K. COUNTY ATTORNEY
Moved to Item #12B (Per Agenda Change Sheet)
1) Recommendation to appoint two members to the Parks and Recreation
Advisory Board. (All Districts)
2) Recommendation to appoint two members to the Vanderbilt
Waterway MSTU Advisory Committee. (District 2)
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Resolution 2021-32: Re-appointing Clinton Cuny and Appointing
Thomas Burke, Jr., both to four-year terms expiring February 12,
2025
3) Recommendation to approve and authorize the Chairman to sign a
partial Settlement Agreement in the lawsuit pending as Board of
County Commissioners of Collier County, Florida v. Certain
Underwriters at Lloyd’s of London, et al; Case No. 18-CA-2727 now
pending in the 20th Judicial Circuit in Collier County, whereby the
County will receive $200,000 to settle its claims against Insurance and
Risk Management Services, Inc. (All Districts)
For insurance coverage relating to Hurricane Irma debris
removal
4) Recommendation to authorize the expenses for Mediation and
Arbitration Services relating to the Vanderbilt Beach Road Extension
Project No. 60168, now pending in the Twentieth Judicial Circuit
Court for Collier County, Florida for three mediators, including Larry
Gendzier, Esq., Phillip Greenwald, Esq., and Stephen Tabano, Esq.,
and to authorize the Transportation Engineering Division to select and
work with additional mediators as necessary. (All Districts)
For eminent domain cases
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17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
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Adopted – 5/0
A. Recommendation to approve an Ordinance amending Ordinance number 04 -
41, as amended, the Collier County Land Development Code, which
includes the comprehensive land regulations for the unincorporated area of
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Collier County, Florida, to allow Communication Towers as a Conditional
Use in the Estates (E) Zoning District, to clarify that Cluster Development
for Affordable Housing does not require a Conditional Use in the RMF -6
Zoning District and to create Alternative Design Standards for Housing that
is Affordable, to modify Setback Requirements for Public Utility Ancillary
Systems (PUAS) Enclosures, and to correct Citations and Update Text, by
providing for: Section One, Recitals; Section Two, Findings of Fact; Section
Three, adoption of amendments to the land development code, more
specifically amending the following: Chapter One-General Provisions,
Chapter Two – Zoning Districts and Uses; Chapter Four – Site Design And
Development Standards; Chapter Five – Supplemental Standards; Chapter
Ten – Application, Review, And Decision-Making Procedures, and
Appendix A- Standard Performance Security Documents For Required
Improvements; Section Four, Conflict And Severability; Section Five,
Inclusion in the Collier County Land Development Code; and Section Six,
Effective Date. (All Districts)
Ordinance 2021-05
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.