District #1 Bob
Janes |
District #2 Douglas St. Cerny Chairman |
District #3 Ray
Judah
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District #4 Tammy Hall Vice Chair |
District #5 John E. Albion |
Donald D. Stilwell, County Manager |
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David
M. Owen County Attorney |
April 12, 2005 |
Please fill out a “Request to Comment” card if you plan to address the Board and return it to the Clerk at the left of the podium prior to the start of the meeting.
All back up for this agenda is available in the Public Resources Office, 1st Floor, Administration Building
Additional information is available on the Internet at http://www.lee-county.com
PLEASE NOTE: The Board may take action in its capacity as the Port Authority or Government Leasing Corporation.
COMMISSION CHAMBERS, 2120 MAIN STREET, FORT MYERS, FLORIDA
9:30
AM |
Invocation |
Pastor
John Baker |
Suncoast
Baptist Church |
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Pledge
of Allegiance |
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10:00
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Presentations: |
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Findings
of the Red Tide and Red Algae Studies-Dr. Larry Brand and Dr. Brian
LaPointe (#20050442-Natural
Resources) |
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Recap |
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Public
Comment on the Consent and Administrative Agenda |
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Items
to be pulled for discussion by the Board |
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Motion
to approve balance of items |
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Consideration
of items pulled for discussion |
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Walk-ons
and Carry-overs |
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Commissioners'
Items/Committee Appointments |
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County
Manager Items |
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County
Attorney Items |
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Adjourn
until 5:00 PM |
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April
12, 2005
1. |
COUNTY ADMINISTRATION |
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ACTION REQUESTED/PURPOSE: Approve $51,750 for the Edison & Fords Winter
Estates under the Tourist Development Council Attractions Marketing Program. WHAT ACTION ACCOMPLISHES: This approval will allow the Visitor &
Convention Bureau to disburse these funds, utilizing the current purchasing
system. MANAGEMENT
RECOMMENDATION: The approval will allow this Not-for-Profit
organization, under the TDC Attractions Marketing Program, to advertise and
promote the Edison & Ford Winter Estates to attract visitors to Lee
County during non-peak season and to enhance their experience of the
destination. (#20050421-VCB) |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION
REQUESTED/PURPOSE: Approve the award of Project EX050353, the purchase
of modular furniture, accessories and related services at a Florida State
Contract price of $150,764.07, from Herman Miller Workplace to furnish the
sixth floor of the Justice Center Annex.
Also approve the expenditure of a not-to-exceed amount of $15,000. for
such incidentals as, but not limited to, miscellaneous furniture, accessories
or overnight shipping etc. WHAT ACTION ACCOMPLISHES: Allows the Department of Public Works to obtain the furnishings necessary to fully furnish the sixth floor of the Justice Center Annex for the State Attorneys Office. MANAGEMENT
RECOMMENDATION: Please Approve
(#20050422-Construction and Design) |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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ACTION
REQUESTED: Accept a Petition to Vacate a 12-foot wide Public
Utility Easement located at 3423 and 3435 Stabile Rd., St. James City,
Florida, and adopt a resolution, setting a Public Hearing for 5:00 PM on the
10th day of May 2005.
(Case No. VAC2005-00007) WHAT ACTION
ACCOMPLISHES: To construct a concrete block wall on the common
property line between the two lots. There
are no existing improvements in the easement and the easement is not necessary to accommodate any future utility
requirements. Sets the time and
date of the Public Hearing. MANAGEMENT
RECOMMENDATION: Approve
(S35-T45S-R22E) (#1) (#20050286-Development Services) |
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ACTION
REQUESTED/PURPOSE: Accept a Petition to Vacate two (2) 12-foot wide
Public Utility Easements located at 5115/5117, 5119/5121 Leonard Blvd. S.,
and 5114/5116, 5118/5120 24th St. SW, Fort Myers, and adopt
a resolution, setting a Public Hearing for 5:00 PM on the 10th day
of May 2005. (Case No. VAC2004-00074). WHAT ACTION ACCOMPLISHES: To build four (4) multi-family residences on the
combined lots. The vacation of this easement will not alter existing drainage and
utility conditions and the easement is not necessary to accommodate any
future drainage and utility requirements. MANAGEMENT RECOMMENDATION: N/A (S31-T44S-R26E) (#5)
(#20050402-Development Services) |
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ACTION REQUESTED/PURPOSE: 1) Adopt a resolution
adopting the 2005/2006-2007/2008 Lee County Local Housing Assistance Plan
(LHAP) and approve transmittal of the plan to the Florida Housing Finance
Corporation. 2) Authorize the County
Manager to make minor revisions that may be required for final state
approval. WHAT ACTION ACCOMPLISHES: Approval will enable the
county to continue to participate in the SHIP program. MANAGEMENT RECOMMENDATION: Approve
(#20050430-Planning) |
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ACTION REQUESTED/PURPOSE: Adopt a resolution
approving two amendments to the 2002/2003 – 2004/2005 Lee County Local
Housing Assistance Plan (LHAP) and approve transmittal of the amended LHAP to
the Florida Housing Finance Corporation.
2) Authorize the County Administrator to make minor revisions that may
be required for final state approval. WHAT ACTION ACCOMPLISHES: Approval of these amendments will enable Lee
County to continue implementation of the SHIP Program. MANAGEMENT RECOMMENDATION: Approve
(#20050431-Planning) |
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ACTION
REQUESTED/PURPOSE: Execute grant award agreements for $881,455 in the
first round of supplemental funds from fiscal years 2003/2004 and 2004/2005
for the Affordable Housing Program funded through the State Housing Initiatives
Partnership (SHIP) Program. WHAT ACTION ACCOMPLISHES: Allows the county to enter into additional grant award agreements for fiscal years 2003/2004 and 2004/2005 to increase the supply of affordable housing and implement the Local Housing Assistance Plan. MANAGEMENT
RECOMMENDATION: Execute grant
award agreements (#20050435-Planning) |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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ACTION REQUESTED/PURPOSE: Approve and accept $1,000 from the Florida
Department of State to Florida Humanities Council through the Division of
Cultural Affairs in support of the Prime Time Family Reading Time Grant. Approve budget amendment resolution in the
amount of $1,000. WHAT ACTION ACCOMPLISHES: Approves and accepts the $1,000 in order to pursue
the related activities of the Prime Time Site Support Manual MANAGEMENT
RECOMMENDATION: Approval and acceptance of the $1,000 grant (#20050113-Library) |
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ACTION
REQUESTED/PURPOSE: Approve award of Formal Quotation No. Q-050169
Transmission Rebuilds for the Transit Division, to the low quoter meeting
specifications, TransDiesel, at the prices listed on the attached Lee County
Tabulation Sheet. The initial term of
this quote is one year; also request authority to renew this quote for four
additional one-year periods, at the same terms and conditions, if in the best
interest of Lee County; and to exercise the price escalator clause as per the
specifications on an as-needed basis.
Funding will come from the individual department or division’s budget
whom will be responsible for monitoring their individual expenditures. Transit estimates expending approximately
$55,000 annually for transmission rebuilds.
(Note: This procurement is grant funded 100% by the Federal Transit
Administration.) WHAT ACTION ACCOMPLISHES: Allows Transit
to obtain transmission-rebuilding services on an as-needed basis for its
fleet of buses. MANAGEMENT RECOMMENDATION: Approve (#20050395-Transit) |
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ACTION
REQUESTED/PURPOSE: Approve Purchase Agreement for acquisition of
Parcel 337-RW, Three Oaks Parkway South Extension Project No. 4043, in the
amount of $1,250; authorize payment of costs to close and the Division of
County Lands to handle all documentation necessary to complete transaction. WHAT ACTION ACCOMPLISHES: The Board avoids Eminent Domain. MANAGEMENT
RECOMMENDATION: Management recommends
Board approve the Action Requested.
(#20050428-County Lands) |
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7. |
PUBLIC SAFETY |
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ACTION
REQUESTED/PURPOSE: Adopt a motion to approve changing the following
20 street names on existing plats: as recorded Trapper’s Dr in Plat Book 44,
on page 82, of Caloosa Trace; to be changed to Trappers Dr.; as recorded
Doctor’s Way in Plat Book 49, on page 8, of Gulf Coast Hospital; to be
changed to Doctors Way; as recorded Fisherman’s Wharf in Plat Book 8, on page
58, of San Carlos on the Gulf; to be changed to Fishermans Wharf; as recorded
Harper’s Cove Ln in Plat Book 1, on page 34, of Raymonds 1st
Subdivision; to be changed to Harpers Cove Ln.; as recorded Hunter’s Glen Cir
in Plat Book 59, on page 92 & 93, of Hunters Glen; to be changed to
Hunters Glen Cir.; as recorded Hunter’s Glen Rd in Plat Book 59, on page 92
& 93, of Hunters Glen; to be changed to Hunters Glen Rd.; as recorded
King’s Cove Ct in Plat Book 61, on page 58 & 59, of Enclave at the Lakes
at Three Oaks; to be changed to Kings Cove Ct.; as recorded King’s Crossing
Rd in Plat Book 32, on pg 15-17,of North Interchange Commerce Park; to be
changed to Kings Crossing Rd.; as recorded Mariner’s Cove Ln in Plat Book 47,
on page 84, of Mariners Cove Village; to be changed to Mariners Cove Ln.; as
recorded Nature’s Cove Ct in Plat Book 62, on pages 79-111, of West Bay Club;
to be changed to Natures Cove Ct.; as recorded Nikki’s Ln in Plat Book 9 on page 44, in Pine Island Center; to
be changed to Nikkis Ln..; as recorded O’Neal Dr in Plat Book 9, on page 76,
of Littleton Industrial Park; to be changed to Oneal Dr.; as recorded
Pelican’s Nest Dr in Plat Book57, on page 29, of Pelican Landing; to be
changed to Pelicans Nest Dr.; as recorded Petty’s Way in Plat Book 40, on
page 52, of Don Jacobs Center; to be changed to Pettys Way.; as recorded
Rambler’s Strand in Plat Book 44, on page 82, of Caloosa Trace; to be changed
to Ramblers Strand; as recorded River’s Edge Ct in Plat Book 55, on page 23,
of Golf Condominium at Longpond Village; to be changed to Rivers Edge Ct.; as
recorded River’s Ford in Plat Book 57, on pages 30-35, of Village at Country
Creek; to be changed to Rivers Ford; as recorded Sir Michael’s Place Dr in
Plat Book 67, on pages 95-97, of Sir Michaels Place; to be changed to Sir
Michaels Place Dr.; as recorded Sword’s Way in Plat Book 34, on page 18, of
Island Park Woodlands; to be changed to Swords Way; as recorded Beaver’s Den
in Plat Book 44, on page 82, of Caloosa Trace; to be changed to Beavers Den. WHAT ACTION ACCOMPLISHES: This will eliminate the apostrophe (‘) in the
street name. MANAGEMENT
RECOMMENDATION: Staff recommends
approval of request. (#20050417-E911) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION REQUESTED/PURPOSE: Approve Supplemental Task Authorization No. 4 to
Johnson Engineering, Inc., under CN-03-07, MISCELLANEOUS PROFESSIONAL
SERVICES, in the amount of
$226,589.94, for the Powell Creek Bypass Filter Marsh project. This project was in the CIP and the funds
are available within the budget. WHAT ACTION ACCOMPLISHES: Provides the County with
a Consultant to design and permit a filter marsh along Powell Creek
Bypass. This project will consist of
four phases; (1) Feasibility study; (2) Filter Marsh Design and Permitting;
(3) Construction Services; and (4) Filter Marsh Monitoring Plan. Funding from North Lee County Hydrological
Restoration ($82,000) is contributed by the South Florida Water Management
District. MANAGEMENT
RECOMMENDATION: Approve (#20050416-Natural
Resources) |
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ACTION REQUESTED/PURPOSE: Approve award of formal quotation (RFP B&R
2661-SM113) and issuance of a purchase order to Thermal Engineering
International (TEI), the low price proposer, meeting all specification
requirements for a bypass condenser in an amount of $236,500.00. WHAT ACTION ACCOMPLISHES: Provides the necessary bypass condenser for the
Waste To Energy Expansion Project. MANAGEMENT RECOMMENDATION: Approve (#20050423-Solid Waste) |
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ACTION
REQUESTED/PURPOSE: Approve and authorize the Chairman to sign Change
Order No. 1 to the Professional Service Agreement with Burns and Roe
Enterprises, Inc. (Lee Contract No. 2821) amending the amount allowed for the
‘pass-through’ cost for Professional Liability Insurance as provided for in
the original agreement to $300,756.00. WHAT ACTION
ACCOMPLISHES: Allows Burns and Roe to pass on to Lee County the
actual cost for liability insurance in accordance with the agreement. Note:
The final cost of liability insurance was not known upon execution of
the agreement and an allowance of $100,000.00 was initially estimated. MANAGEMENT RECOMMENDATION: Staff recommends
approval of Action Requested.
(#20050429-Solid Waste) |
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ACTION
REQUESTED/PURPOSE: Execute Amendment No. 2 to Project Agreement No.
65-4209-4-1630 between the United States Department of Agriculture, Natural
Resources Conservation Service (NRCS) and Lee County for emergency watershed
protection measures to relieve hazards and damages created by Hurricane
Charley. WHAT ACTION ACCOMPLISHES: Extends contract completion date to September 2, 2005. MANAGEMENT
RECOMMENDATION: Staff recommends
approval. (#20050443-Natural
Resources) |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED/PURPOSE: Award B-04-26 LIVINGSTON ROAD LANDSCAPE &
IRRIGATION (FROM BONITA BEACH ROAD TO COLLIER COUNTY LINE) to the sole bidder
meeting all requirements, Vila & Son Landscaping Corporation for a total
base bid not-to-exceed amount of $284,340.80. Also approve Alternate B, Irrigation Installation for a total
not-to-exceed amount of $12,760.00.
Also approve Budget Transfer of $91,143.00 from the Bonita Beach Road
Widening project to the Livingston/Imperial Connection Project and amend FY
04/05-08/09 CIP. This project was
anticipated and funds will be available upon execution of the Budget
Transfer. WHAT ACTION ACCOMPLISHES: Provides the County with a Contractor for the installation of plant material, underground irrigation system, well, pump, electrical, signage, directional boring, and landscape and irrigation maintenance on Livingston Road from Bonita Beach Road to the Collier County line. MANAGEMENT
RECOMMENDATION: Approve (#20050370-Transportation) |
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10. |
UTILITIES |
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11. |
PARKS AND RECREATION |
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ACTION
REQUESTED/PURPOSE: Approve award of Formal Quotation No. Q-050188
Annual Purchase of Sodium Hypochlorite for Parks and Recreation, to the low
quoter meeting specifications, Davis Supply, Inc., at a cost of $0.95 per
gallon as listed on the attached Lee County Tabulation Sheet. The initial term of this quote is one
year; also request authority to renew this quote for four additional one-year
periods, at the same terms and conditions, if in the best interest of Lee
County; and to exercise the price escalator clause as per the specifications
on an as-needed basis. In the event that the low quoter is unable to
establish the effectiveness of their product, request the Purchasing Director
be given authority to act on behalf of the Board in the event of vendor
non-compliance so that the Purchasing Director can proceed to the next low
quoter(s). Funding will be available
from the individual department or division’s budget whom will be responsible
for monitoring their individual expenditures. Parks estimates expending approximately $75,000 annually for
sodium hypochlorite. WHAT ACTION ACCOMPLISHES: Provides Parks
with a reliable source of chlorine to maintain its pools throughout Lee
County. Savings to taxpayers: approximately $26,000 annually. MANAGEMENT RECOMMENDATION: Approve (#20050397-Parks and Recreation) |
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ACTION REQUESTED/PURPOSE: WHAT ACTION ACCOMPLISHES: The Consultant will
assist Lee County with surveying and environmental services associated with
Florida Department of Transportation’s Metro Parkway Extension Mitigation
program in Six Mile Cypress Slough Preserve. MANAGEMENT
RECOMMENDATION: Approve
(#20050408-Parks and Recreation) |
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12. |
COUNTY ATTORNEY |
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ACTION REQUESTED/PURPOSE: Direct amendments to the Land Development Code
(LDC) pertaining to Regional Parks and Community Parks impact fees to public
hearings as follows: First Public Hearing - May 10, 2005; Second Public
Hearing - May 24, 2005. WHAT ACTION ACCOMPLISHES: Sets hearing dates for the Board of County
Commissioners for advertising purposes. MANAGEMENT RECOMMENDATION: Approve and Direct to Public Hearing. (#20050440-County Attorney) |
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13. |
HEARING EXAMINER |
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14. |
PORT AUTHORITY |
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15. |
CONSTITUTIONAL OFFICERS |
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ACTION REQUESTED/PURPOSE: Approve disbursements. WHAT ACTION ACCOMPLISHES: Florida
Statute Chapter 136.06(1) requires that all County disbursements be recorded
in the Minutes of the Board. Compliance with the requirements of FS
136.06(1). (#2005-Clerk of Courts) MANAGEMENT RECOMMENDATION: Approve
(#20050451-Clerk of Courts) |
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ACTION REQUESTED/PURPOSE: Approve payment for delinquent tax overbid
money-Ahrens. Pursuant to Florida
Statute 197 Lee County is to hold unclaimed overbid funds from Delinquent Tax
sales for a period of two years on behalf of the original landowner. WHAT ACTION ACCOMPLISHES: The
Clerk has received a verified claim of these funds and requests that you
release them to the claimant. MANAGEMENT
RECOMMENDATION: Approve (#20050452-Clerk of Courts) |
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ACTION REQUESTED/PURPOSE: Approve payment for delinquent tax overbid
money-Bergholt. Pursuant to Florida
Statute 197 Lee County is to hold unclaimed overbid funds from Delinquent Tax
sales for a period of two years on behalf of the original landowner. WHAT ACTION ACCOMPLISHES: The
Clerk has received a verified claim of these funds and requests that you
release them to the claimant. MANAGEMENT
RECOMMENDATION: Approve (#20050453-Clerk of Courts) |
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ACTION REQUESTED/PURPOSE: Approve payment for delinquent tax overbid
money-Fitzgerald. Pursuant to Florida
Statute 197 Lee County is to hold unclaimed overbid funds from Delinquent Tax
sales for a period of two years on behalf of the original landowner. WHAT ACTION ACCOMPLISHES: The
Clerk has received a verified claim of these funds and requests that you
release them to the claimant. MANAGEMENT
RECOMMENDATION: Approve (#20050454-Clerk of Courts) |
April
12, 2005
1. |
COUNTY ADMINISTRATION |
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2. |
CONSTRUCTION AND DESIGN |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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ACTION
REQUESTED/PURPOSE: Authorize: (1) approval by extraordinary vote, of the purchase of Parcel 259, Conservation
20/20 Land Acquisition Program, Project No. 8800, located in SE quadrant of
Lee County, SR82, in the amount of $681,500; (2) the Chairman on behalf of
the Board of County Commissioners to execute Purchase Agreement; (3) payment
of necessary costs and fees to close; and (4) the Division of County Lands to
handle and accept all documentation necessary to complete transaction and
grant time extension to close, if necessary. WHAT ACTION ACCOMPLISHES: The acquisition
of one of the properties recommended by the Conservation Acquisition and
Stewardship Advisory Committee and approved for acquisition on Blue Sheet
20040569. MANAGEMENT
RECOMMENDATION: Considering the recommendation of this parcel by
CLASAC, Staff recommends the Board approve Requested Motion. (#20050337-County Lands) |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED/PURPOSE: 1) Accept settlement offer of $6,021.25 from
United Automobile Insurance Company for damages made to Lee County D.O.T.
traffic light pole on 4/5/03, and authorize Chairman to execute release for
property damage; 2) Accept settlement offer of $5,300 from MGA Insurance
Company for damages to Lee County D.O.T. signal cabinet on 3/24/03, and
authorize Chairman to execute release of property damage claim with MGA, and
execute settlement agreement (repayment schedule) with driver for balance of
damages. WHAT ACTION ACCOMPLISHES: Settles two (2)
outstanding property damage claims. MANAGEMENT
RECOMMENDATION: Management and County Attorney’s office recommend
Board approval.
(#20050403-Transportation) |
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10. |
UTILITIES |
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11. |
PARKS AND RECREATION |
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12. |
COUNTY ATTORNEY |
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13. |
HEARING EXAMINER |
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14. |
PORT AUTHORITY |
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15. |
CONSTITUTIONAL OFFICERS |
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Walk On |
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ACTION REQUESTED/PURPOSE: WHAT
ACTION ACCOMPLISHES: REASON FOR WALK ON:
Per Board direction. |
Carry Over |
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ACTION REQUESTED/PURPOSE: WHAT
ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION: REASON FOR CARRYOVER:
Directed at the 04-05-05 BOCC meeting. |
5:00
PM |
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Public Hearing
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ACTION REQUESTED/PURPOSE: Conduct a Public Hearing to adopt a Resolution on
Petition to Vacate a 12-foot wide Drainage and Public Utility Easement
located at 1243 Sentinela Blvd., Lehigh Acres. (Case No. VAC2005-00002). WHAT ACTION
ACCOMPLISHES: To build a single-family residence on the combined
lots. The vacation of this easement
will not alter existing drainage and utility conditions and the easement is
not necessary to accommodate any future drainage and utility requirements. MANAGEMENT RECOMMENDATION: Approve (S1-T45S-R27E) (#5)
(#20050376-Development Services) |
Public
Hearing |
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ACTION REQUESTED/PURPOSE: Conduct a Public Hearing to adopt a Resolution on
Petition to Vacate a 12-foot wide Public Utility Easement located at 904
Hamilton Avenue, Lehigh Acres. (Case No. VAC2005-00003). WHAT ACTION
ACCOMPLISHES: To build a single-family residence on the combined
lots. The vacation of this easement
will not alter existing utility conditions and the easement is not necessary
to accommodate any future utility requirements. MANAGEMENT RECOMMENDATION: Approve (S23-T44S-R27E) (#5)
(#20050377-Development Services) |
Public
Hearing |
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ACTION REQUESTED/PURPOSE: Conduct a Public Hearing to adopt a Resolution on
Petition to Vacate 12-foot wide Public Utility Easements located at 3419 Lee
Blvd., 3400, 3402, 3404, 3406, 3410, 3412, 3414, 3416 and 3418 4th
St. W., Lehigh Acres, Florida (Case No. VAC2005-00004). WHAT ACTION
ACCOMPLISHES: To construct a commercial plaza on the combined
twenty (20) lots. The lots are now zoned for a Commercial
Planned Development (CPD) and the
vacation of these easements will not alter existing utility conditions and
the easements are not necessary to accommodate any future utility
requirements. MANAGEMENT RECOMMENDATION: Approve (S26-T44S-R26E) (#5)
(#20050378-Development Services) |
5:05
PM |
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Public
Hearing |
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ACTION REQUESTED/PURPOSE: Adopt Ordinance to amend blasting
regulations. Amendment will provide
relief from LDC Chapter 3 blasting regulations in conjunction with
development blasting operations under the control and coordination of the
Blasting Consultant, TerraDinamica, and specifically to further the current
blasting study. WHAT ACTION ACCOMPLISHES: Allows limited relief from the restrictions on
location and intensity of development blasting to facilitate the County’s
Blasting Study. (#20050324-County
Attorney) |
5:05
PM |
Public
Presentation of Matters by Citizens |
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Adjourn |