Recap 11/24/1998 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, November 24, 1998
9:00 a.m.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER
PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR
PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA
MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY
ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE
HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A
RECORD OF THE PROCEEDINGS 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.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS
PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN.
ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE
COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION - Father Joseph SpineIll, St. Elizabeth Seton Catholic Church
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDAS
A. APPROVAL OF CONSENT AGENDA.
Approved and/or Adopted with changes 5/0
B. APPROVAL OF SUMMARY AGENDA.
C. APPROVAL OF REGULAR AGENDA.
4. APPROVAL OF MINUTES
Approved as presented - 5/0
A. November 3, 1998 - Regular meeting.
5. PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
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November 24, 1998
1) Proclamation proclaiming December 1, 1998 as World AIDS Day in Collier County.
To be accepted by Ms. Andrea L. Taylor, Health Educator, Co-Chair, World Aids
Day 1998.
Adopted - 5/0
B. SERVICE AWARDS
Presented
1) Patricia McLaughlin, EMS - 5 years
2) Bradie Allen, Parks and Recreation - 5 years
3) Joanne Stanek, Road and Bridge - 5 years
C. PRESENTATIONS
6. APPROVAL OF CLERK'S REPORT
7. PUBLIC PETITIONS
8. COUNTY ADMINISTRATOR'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
B. PUBLIC WORKS
C. PUBLIC SERVICES
1) Appoint a Commissioner to the Youth Activities Advisory Committee.
Commissioner Constantine appointed - 5/0
MOVED FROM ITEM #16C2:
2) Authorize an amendment to the Parks and Recreation Advisory Board
Ordinance to remove the specific representation from the specific
representation from Marco Island and increase the representation from the
Naples and Urban Park District.
To Be Brought Back to the Board - 5/0
D. SUPPORT SERVICES
E. COUNTY ADMINISTRATOR
1) Adoption of resolution refunding the Collier County Water/Sewer District Revenue
Bonds, Series 1991 and 1992.
CWS-98-4 Adopted - 5/0
F. AIRPORT AUTHORITY
9. COUNTY ATTORNEY'S REPORT
10. BOARD OF COUNTY COMMISSIONERS
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November 24, 1998
A. Appointment of member to the Tourist Development Council.
Res. 98-473 appointing Rhona Saunders - Adopted 5/0
B. Appointment of member to the Immokalee Enterprise Zone Development Agency.
Res. 98-474 appointing Floyd Crews - Adopted 5/0
C. Appointment of members to the Affordable Housing Commission.
Res. 98-475 Re-appointing Mark Linder and appointing Christine Chesser - Adopted
5/0
ADDED
D. Discussion regarding No Parking Signs along Hawaii Boulevard (Commissioner Norris)
Staff to install the appropriate signage - 5/0
ADDED
E. Discussion re East Naples Survey (Commissioner Norris)
Staff to review contents of survey and provide input (Consensus)
11. OTHER ITEMS
A. OTHER CONSTITUTIONAL OFFICERS
1) Discussion of funding law enforcement services to Marco Island.
Letter to be presented to Marco Island City Council regarding the BCC
discussion of this date and the City of Marco to deal with the issue on December
7, 1998 and then to be discussed further at the BCC meeting of December 8,
1998.
ADDED:
2) Discussion with BCC and Clerk of Courts re Bond Refinancing (Commissioner
Mac'Kie)
Resolution of support to defend interest of Collier County in a class action suit
and come back in two weeks regarding technical issues
B. PUBLIC COMMENT ON GENERAL TOPICS
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
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November 24, 1998
1) CONTINUED TO DECEMBER 8~ 1998. Petition PUD-98-13, R. Bruce Anderson of
Young, van Assenderp & Varnadoe, P.A.., representing Collier Development
Corporation, requesting a rezone from "A" Rural Agriculture to "PUD" and
"PUD" to "PUD Planned Unit Development to be known as Collier Tract 21,
formerly Beachway PUD, for a golf course and accessory and incidental facilities
including a clubhouse, 50,000 square feet of C-3 commercial uses and/or a hotel on
property located between U.S. 41 on the east and Vanderbilt Drive on the west,
lying north of 11 1tn Avenue and south of the Cocohatchee River, in Section 21,
Township 48 South, Range 25 East, Collier County, Florida, consisting of 267.44
plus or minus acres.
MOVED FROM ITEM #17D
2) Petition PUD-90-19(2), Mr. Kenneth B. Cuyler of Roetzel & Andress, P.A.,
representing the Cleveland Clinic of Florida, Inc., requesting to rezone the property
previously approved as a "PUD" namely the Astron Plaza PUD to PUD having the
effect of adding to the list of permitted uses and increasing the maximum building
height for property located on the south side of Pine Ridge Road (C.R. 896) and the
north side of 10th Street SW in Section 17, Township 49 South, Range 26 East,
Collier County, Florida, consisting of 8.56 acres.
Ord. 98-110- Adopted with changes 4/1 (Commissioner Carter opposed)
C. OTHER
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
1) CONTINUED INDEFINITELY: Petition V-98-19, Jay Malamphy, representing
Gulf Coast Development Group, L.C., requesting approval to increase the
maximum permitted floor area ratio of .45 to .66 to construct a building with a
maximum of 225.291 square feet for an Independent Care Living Facility and
Assisted Care Living Facility for property located to the south of Vanderbiit Beach
Road Extension, north of Arbor Boulevard, and west of Vineyards Boulevard,
further described as Tract S-l, Vineyards Unit 3, in Section 5, Township 49 South,
Range 26 East.
2) Petition V-98-8, William L. Hoover of Hoover Planning, representing Roger D.
Withers and OPM USA, Inc., requesting a variance of 65 feet from the required
height of 185 feet to 250 feet for an existing communications tower for property
located at 5630 Taylor Road, within the J & C Industrial Park, in Section 11,
Township 49 South, Range 25 East, Collier County, FL
Res. 98-476 - Adopted 5/0
3) Petition CU-98-19 Arnaldo Hernandez of Arkitex 2, representing the Florida State
Department of Juvenile Justice, requesting Conditional Use "3" of the Public Use
"P" zoning district for a juvenile detention center for 2.5 acres of property located
at the Collier County Government Center at the intersection of Airport-Pulling
Road and U.S. 41 itn Section 12, Township 50 South, Range 25 East, Collier County,
Florida.
Res. 98-477 - Adopted 5/0
B. OTHER
14. STAFF'S COMMUNICATIONS
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November 24, 1998
15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
A. BCC Workshop re Public Information to be scheduled for December 18, 1998.
B. LDC Hearings scheduled for December 2 and 16, 1998 at 5:05 P.M.
C. Update on Lethal Yellowing.
D. Suggestion that height limitations be discussed during LDC hearings.
E. Discussion re Revision 7 Funding.
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.
Approved and/or Adopted - 5/0 with changes
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Accept conveyance of easements for the placement of a lift station and
installation of sanitary sewer lines.
2) Petition CU-96-16E, Dr. Neno J. Spagna, representing Apostolic Assembly of
Faith in Christ Jesus, requesting second extension of a Conditional Use for a
church in the "E" Estates zoning district for property located on the east side of
San Marco Boulevard approximately one mile north of Radio Road.
Res. 98-466
3) Request to extend the term of George H. Hermanson to serve on the
Environmental Advisory Board until the successor Environmental Board is
created.
Res. 98-467
4)This item has been deleted.
5)This item has been deleted.
6) Adopt a resolution and approve a real estate sales agreement between
Immokalee Habitat for Humanity, Inc., a Florida non-profit corporation, N/K/A
Habitat for Humanity of Collier County, Inc., and Collier County.
Res. 98-468
7) Request to approve for recording the final plat of Grey Oaks Unit Twelve and
approval of the performance security.
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November 24, 1998
With Stipulations, Construction Maintenance Agreement and Performance
Bond
B. PUBLIC WORKS
1) Award a Construction Contract to Kyle Construction, Inc. to construct the
proposed Sperling Court Drainage Improvements Project #31302, Bid #98-
2886.
In the amount of $41,104.50
2) Approve a Budget Amendment for the purchase of traffic signal equipment
necessary to make existing traffic signals and flashing beacons year 2000 (Y2K)
compatible.
CONTINUED TO 12/8/98
3) Authorize the Transportation Services Department to remove the non-
warranted traffic signal at the intersection of Goodlette-Frank Road and Royal
Poinciana Drive.
4) Re-appropriation of Tourist Development Tax Funding for Category "A"
Projects for FY 98/99.
In the amount of $283,700.00
5) Request approval to use funds from Waste Tire Grant to co-sponsor running
track at Gulf Coast High School.
6) Approve Change Order Ten (10) to the Construction Contract with Milmir
Construction, Inc. for the North County Regional Water Treatment Plant 8-
MGD Expansion Project, Contract 97-2690R, Project 70859/70828.
In the amount of $103,047.00
7) CONTINUED FROM 11/10/98 - Approve a Road Impact Fee Credit in the
amount of $2,802.74 for the former Chamber of Commerce building on U.S. 41
in the City of Naples.
8) Award County purchase of Reverse Osmosis Membrane Elements from
Materials Supplier, Hydranautics, for the North County Regional Water
Treatment Plant 8-MGD Expansion Project, Bid 98-2875, Project 70859.
In the amount of $677,040.00
C. PUBLIC SERVICES
1} Award an agreement for scorekeeper services.
To the Naples Scorekeepers Association
MOVED TO ITEM #8C2
2) Authorize an amendment to the Parks and Recreation Advisory Board
Ordinance to remove the specific representation from Marco Island and
increase the representation from the Naples and urban park district.
3) Approve a change order to construct a lakeside gazebo.
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November 24, 1998
To Professional Building Systems Inc. in the amount of $50,654.00
4) This item has been deleted.
5) Authorize the Chairman to execute agreements between Collier County and the
Collier County Veterans Council, and between Collier County and the Ford
Motor Company, Inc., for continued use of a Ford test van.
D. SUPPORT SERVICES
1) Approval and Execution of Satisfactions of Notice of Promise to Pay and
Agreement to Extend Payment of Water and/or Sewer System Impact Fees.
2) Approval of Expenses Relating to the Supervisor of Elections Warehouse Move.
E. COUNTY ADMINISTRATOR
1) Budget Amendment Report
BA 99-046
F. BOARD OF COUNTY COMMISSIONERS
G. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
H. OTHER CONSTITUTIONAL OFFICERS
1 ) Recommendation to approve an increase of nine sworn Law Enforcement
Officers in the 1998/1999 Sheriff's office budget for the United States
Department of Justice Three Year Cops in Schools Grant Program.
2) Recommendation to adopt the budget amendment appropriating carry forward
and expenditure budgets for open purchase orders at the end of Fiscal Year
1997 in Fiscal Year 1998.
3) Approval of Arbitrage Calculation Agreement with Arthur Andersen, LLP.
In an estimated maximum amount of $55,000.00
I. COUNTY ATTORNEY
1) Recommendation that the Board of County Commissioners approve the
Stipulated Final Judgment relative to the easement acquisition on Parcel No.
526 in the lawsuit entitled Collier County v. David R. Clemens and Lucille C.
Clemens, et al., Case No. 98-1393-CA (Livingston Road Extension, Golden Gate
Parkway to Radio Road)
J. AIRPORT AUTHORITY
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
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November 24, 1998
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.
A. Adopt an Ordinance Amending Collier County Ordinance 92-22, as Amended, the
Collier County Road Impact Fee Ordinance, by revising Appendix "B' to change the
legal descriptions of Road Impact Fee Districts 2, 4 and 8.
Ord. 98-92
B. Petition SV-98-3, N. Paul San Filippo, Esq. Of Seidensticker and San Filippo, P.A.
representing Doane Limited Partnership requesting a 5 foot variance from the required
setback of 15 feet established for signs to 10 feet for a pole sign to be located along 11 1th
Avenue in North Naples.
Res. 98-469
C. An ordinance amending the title and Section One of Collier County Ordinance No.
98-80 to correct the same scrivener's error that occurs in four places; providing for
inclusion in the Code Laws and Ordinances; providing an effective date.
Ord. 98-93
MOVED TO ITEM #12B2
D. Petition PUD-90-19(2), Mr. Kenneth B. Cuyler of Roetzel & Andress, P.A., representing
the Cleveland Clinic of Florida, Inc. requesting to rezone the property previously
approved as a "PUD" namely the Astron Plaza PUD to PUD having the effect of adding
to the list of permitted uses and increasing the maximum building height for property
located on the south side of Pine Ridge Road (C.R. 896) and the north side of 10*h Street
SW in Section 17, Township 49 South, Range 26 East, Collier County, Florida,
consisting of 8.56 acres.
E. Petition V-98-16, William L. Hoover, AICP, of Hoover Planning, representing Theodore
J. Nylese, Jr., requesting a variance of 9 feet from the required rear yard setback of 25
feet to 16 feet for property located at 442 Rosemeade Lane, further described as Lot 17,
Rosemeade at Wyndemere, in Section 19, Township 49 South, Range 26 East, Collier
County, Florida.
Res. 98-470
F. CONTINUED FROM NOVEMBER l0TM MEETING: Petition PUD-89-6(3), George L.
Varnadoe of Young, Van Assenderp & Varnadoe, P.A., representing Halstatt
Partnership, requesting an amendment to the Grey Oaks PUD for the purpose of
reducing the number of residential units from 1,936 to 1,136; increasing the number of
golf holes from 45 to 54; relocating the site of the approved hotel from the northeast
quadrant to the southeast quadrant, increasing the acreage designated for conservation,
lakes and water management frotn 180.1 acres to 236.78 acres; deleting the internal
project road overpass linking the northeast and southeast parcels across Golden Gate
Parkway for property located in the northwest, northeast and southeast quadrants of
Airport-Pulling Road (C.R. 31) and Golden Gate Park~vay (C.R. 886), in Sections 24, 25
and 26, Township 49 South, Range 25 East, Collier County, Florida, containing 1,601+
acres. (Companion to DOA-98-1)
Ord. 98-94
G. CONTINUED FROM NOVEMBER 10TM MEETING: Resolution of the Board of
County Commissioners of Collier County determining that revisions to the Grey Oaks
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November 24, 1998
Development Order does/does not constitute a substantial deviation requiring further
Development of Regional Impact review.
Res. 98-471
H. CONTINUED FROM NOVEMBER l0TM MEETING: Petition DOA-98-1, George L.
Varnadoe of Young, Van Assenderp & Varnadoe, P.A., representing Halstart
Partnership, requesting an amendment to the Grey Oaks DRI Development Order No.
90-3, for the purpose of reducing the number of residential units from 1,936 to 1,136;
increasing the number of golf holes from 45 to 54; relocating the site of the approved
hotel from the northeast quadrant to the southeast quadrant; increasing the acreage
designated for conservation, lakes and water management from 180.1 acres to 236.78
acres; deleting the internal project road overpass linking the northeast and southeast
parcels across Golden Gate Parkway for property located on the northwest, northeast
and southeast quadrants of Airport-Pulling Road (C.R. 31) and Golden Gate Parkway
(C.R. 886), in Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier
County, Florida, containing 1,601_+ acres. (Companion to PUD-89-6(3))
Res. 98-472/Dev. Order 98-2
I. Recommendation to adopt an ordinance amending Ordinance No. 92-60 relating to the
levy of a 2% Tourist Development Tax and an additional 1% tax throughout Collier
County pursuant to the Local Option Tourist Development Act, Section 125.0104,
Florida Statutes, providing for amendment to Section Three concerning the use of tax
revenues to allow expenditures for museums owned and operated by not for profit
organizations and open to the public; providing for conflict and severability.
Ord. 98-95
J. Recommendation to adopt an ordinance amending Ordinance 92-18 which created the
Tourist Development Council; amending Section Two to provide for addition of a non-
voting member with professional experience in the promotion and marketing or special
events; providing for conflict and severability; providing for inclusion in the Collier
County Code of Laws and ordinances; providing for an effective date.
Ord. 98-96
K. Recommendation that the Board of County Commissioners of Collier County adopt an
ordinance repealing Collier County Ordinance No. 90-109, which established the
Vanderbilt Beach Area Beautification Municipal Service Taxing Unit; providing for
inclusion in Code of Laws and Ordinances; providing for conflict and severability; and
providing an effective date.
Ord. 98-97
L. Recommendation that the Board of County Commissioners of Collier County adopt an
ordinance repealing collier County Ordinance No. 80-54, which established the Marco
Island Community Center Municipal service Taxing and Benefit Unit; providing for
inclusion in Code of Laws and Ordinances; providing for conflict and severability; and
providing an effective date.
Ord. 98-98
M. Recommendation that the Board of County Commissioners of Collier County adopt an
ordinance repealing Collier County Ordinance No. 90-104, which established the
Turnbury Subdivision Street Lighting Municipal Service Taxing Unit; providing for
inclusion in Code of Laws and ordinances; providing for conflict and severability; and
providing an effective date.
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November 24, 1998
Ord. 98-99
N. Recommendation that the Board of County Commissioners of Collier County adopt an
ordinance repealing Collier County Ordinance No. 80-20, which established the East
Naples Fire Hydrant Municipal Service Taxing District; providing for inclusion in Code
of Laws and ordinances; providing for conflict and severability; and providing an
effective date.
Ord. 98-100
O. Recommendation that the Board of County Commissioners of Collier County adopt an
ordinance repealing Collier County Ordinance No. 76-58, as amended, which established
the Westlake Municipal Services Taxing Unit; providing for inclusion in Code of Laws
and ordinances; providing for conflict and severability; and providing an effective date.
Ord. 98-101
P. Recommendation that the Board of County Commissioners of Collier County adopt an
ordinance repealing Collier County Ordinance No. 76-64, which established the Port-
Au-Prince Municipal Services Taxing Unit; providing for inclusion in Code of Laws and
ordinances; providing for conflict and severability; and providing an effective date.
Ord. 98-102
Q. Recommendation that the Board of County Conunissioners of Collier County adopt an
ordinance repealing Collier County Ordinance No. 90-110, which established the
Vanderbilt Beach Area Street Lighting Municipal Service Taxing Unit; providing for
inclusion in Code of Laws and ordinances; providing for conflict and severability; and
providing an effective date.
Ord. 98-103
R. Recommendation that the Board of County Commissioners of Collier County adopt an
ordinance repealing Collier County Ordinance No. 71-8, which established the Water
Management District 6; providing for inclusion in Code of Laws and ordinances;
providing for conflict and severability; and providing an effective date.
Ord. 98-104
S. Recommendation that the Board of County Commissioners of Collier County adopt an
ordinance repealing Collier County Ordinance No. 85-12, which established the Marco
Island Community Park Municipal Service Taxing Unit; providing for inclusion in Code
of Laws and ordinances; providing for conflict and severability; and providing an
effective date.
Ord. 98-105
T. Recommendation that the Board of County Commissioners of Collier County adopt an
ordinance repealing Collier County Ordinance No. 87-12, which established the
Berkshire Village (at Berkshire Lakes, Parcel B) Street Lighting Municipal Service
Taxing Unit; providing for inclusion in Code of Laws and ordinances; providing for
conflict and severability; and providing an effective date.
Ord. 98-106
U. Recommendation that the Board of County Commissioners of Collier County adopt an
ordinance repealing Collier County Ordinance No. 79-103, as amended, which
established the Sewer Area "B" South Half (East Naples) Municipal Service Taxing
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November 24, 1998
Unit; providing for inclusion in Code of Laws and ordinances; providing for conflict and
severability; and providing an effective date.
Ord. 98-107
V. Recommendation that the Board of County Commissioners of Collier County adopt an
ordinance repealing Collier County Ordinance No. 80-86, which established the
Unincorporated County Area Municipal Service Taxing Unit-Road and Bridge;
providing for inclusion in Code of Laws and ordinances; providing for conflict and
severability; and providing an effective date.
Ord. 98-108
W. Recommendation that the board of County Commissioners of Collier county adopt an
ordinance repealing Collier County Ordinance No. 90-64, which established the
Children's Support Services District; providing for inclusion in Code of Laws and
Ordinances; providing for conflict and severability; and providing an effective date.
Ord. 98-109
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE
COUNTY ADMINISTRATOR'S OFFICE AT 774-8383.
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November 24, 1998