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NOVEMBER 29, 2011
The
Regular Meeting
of the
was held on this date with the
following Commissioners present:
The Chairman called the meeting to order at 9:32 a.m. The Invocation was given by Pastor A. J.
Neugebauer, of the Beautiful Savior Lutheran Church, followed by the Pledge of Allegiance.
PRESENTATIONS
Contract Veterinarian for Lee County Domestic Animal Services, for his dedication to the citizens of Lee County
and his dedication to the citizens of Lee County and for his contributions in reducing the pet population in Lee
County. Dr. Powell accepted the recognition and expressed gratitude to the Board for the recognition and
additionally for approval of funding for a new facility.
(#20110981-Ceremonial Presentation)
ANNOUNCEMENTS
Referring to the
Agenda Recap Sheet dated November 29, 2011,
the Chairman announced that
Ceremonial Presentation No. 2 had been deferred to a later date.
9:30 A.M. AGENDA ITEM
– Public Comment on Agenda Items
Consent (C) and Administrative (A)
The Chairman called for public input and the following speaker came forward:
The following are the Consent Agenda items that each Board member wished to have discussed:
Commissioner Hall – 14B
Commissioner Mann- 5A
Commissioner Judah- None
Commissioner Bigelow - 3A
Commissioner Manning – None
CONSENT AGENDA
1. COUNTY ADMINISTRATION
A) ACTION REQUESTED/PURPOSE:
Request Board of County Commissioners authorize the approval of
Draw Certificates and
Draw Requests
Term Line of Credit for improvements in the Airport Woods MSBU and approve budget
amendments. (
#20110957-COUNTY ADMINISTRATION)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Provides short term debt financing for MSBU projects that can be later funded by a long
term debt financing program for MSBU Projects.
MANAGEMENT RECOMMENDATION:
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
RESOLUTION NO.11-11-27
2. COMMUNITY DEVELOPMENT
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A) ACTION REQUESTED/PURPOSE:
Initiate a proposed amendment to the County's comprehensive plan to evaluate
establishment of an overlay zone, or other planning technique, for development in the
County's Research and Enterprise Diamond area.
(#20110934-COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Implements Research and Enterprise Diamond concept in comprehensive plan without
waiting for the Evaluation and Appraisal Report based comprehensive plan amendments.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
3. CONSTRUCTION AND DESIGN
A) ACTION REQUESTED/PURPOSE:
A) Procurement Management is requesting Board authority – under Project No. N-120062
– to team with Construction and Design to negotiate with the following vendors but not
B) Approve a not to exceed amount of $200,000.
(#20110960-CONSTRUCTION AND DESIGN)
FUNDING SOURCE:
Funding Source is: Fund – Tourist Development Tax Revenue Bonds Series 2010B;
WHAT ACTION ACCOMPLISHES:
Allows for the purchase of furniture at the most competitive pricing available.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Procurement Management Purchasing Manager Bob Franceschini responded to a question from Commissioner
Bigelow regarding the competitive bidding and method for selection of vendors for stadium furnishings.
Commissioner Bigelow moved for approval, seconded by Commissioner Judah, called and carried.
4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
A) ACTION REQUESTED/PURPOSE:
A) Authorize the Division of County Lands to make a binding offer to property owner in
the amount of $42,800 for acquisition of a 16,707 sq. ft. parcel and a 13,437 sq. ft.
drainage easement located at 1970 Ortiz Avenue/identified as Parcels 156 and 156-DE,
Ortiz Avenue Widening Project No. 4072;
B) Authorize the Chair on behalf of the Board to execute the Purchase Agreement;
C) Authorize the payment of necessary costs and fees to close;
complete this transaction.
(#20110956-COUNTY LANDS)
FUNDING SOURCE:
Fund: Road Impact Fee – Central District; Program: Capital Project; Project: Ortiz Ave –
MLK Blvd to Luckett Rd.
WHAT ACTION ACCOMPLISHES:
Authorizes binding offer to property owner.
MANAGMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
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In response to a question from Commissioner Mann, County Lands Director Karen Maguire explained that a
condemnation proceeding commences after no response from the property owner. Commissioner Mann moved
approval, seconded by Commissioner Judah, called and carried.
6. HUMAN SERVICES
A) ACTION REQUESTED/PURPOSE:
awarded and authorize board of County Commissioners to execute
grant agreement
with
sub-
recipient agreements
and necessary future amendments once completed.
required grant reports.
3. Approve budget resolution for State of Florida FY 2012 Challenge Grants in the
amount of $63,397 for the County fiscal year 2011-2012
(#20110914-HUMAN
SERVICES)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
program activities, execute and manage sub-recipient contracts, and prepare monthly
reports.
MANAGEMENT RECOMMENDATION:
Staff recommends approval.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
RESOLUTION NO. 11-11-28
7. INDEPENDENT
A) ACTION REQUESTED/PURPOSE:
(#20110940-LIBRARY)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
2011/2012.
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
B) ACTION REQUESTED/PURPOSE:
A) Award B-11-31 AIRPORT WOODS SANITARY SEWER IMPROVEMENTS, subject
to approval of Blue Sheet No. 20110957 (Item C.1.A. of this agenda) which establishes a
funding source, to the lowest responsive, responsible bidder meeting all bid requirements,
Christo, Inc.
, (a local Contractor), for the not to exceed amount of $488,150.00, with a
project completion time of 180 calendar days.
(
#20110967-PUBLIC RESOURCES)
FUNDING SOURCE:
MSBU Contribution Fund from the County will pay for 20%. Property owners will be
assessed the 80% upon completion of the improvements and those who finance their
portion will use the new Term Loan Assessment Program. Repayment will be made with
their assessment placed on the property tax bill.
WHAT ACTION ACCOMPLISHES:
Provides a contractor to install sewer and pumping system/line and connect to the City of
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Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
8. NATURAL RESOURCES/SOLID WASTE
No requests received.
9. PARKS AND RECREATION
A) ACTION REQUESTED/PURPOSE:
Approve the
Third Amendment to the Memorandum of Understanding (MOU)
between the
payments related to services provided to the County through the Florida Cooperative
(
#20110946-
PARKS AND RECREATION)
FUNDING SOURCE:
Fund - General; Program - Extension Services; Project – MOU.
WHAT ACTION ACCOMPLISHES:
Allows for the extension of the existing MOU through June 30, 2012.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Hall, called and carried.
10. PUBLIC SAFETY
No requests received.
11. PUBLIC WORKS ADMINISTRATION
No requests received.
12. TRANSPORTATION
No requests received.
13. UTILITIES
A) ACTION REQUESTED/PURPOSE:
Developer Contributed Asset - Village Shoppes at HealthPark (BS 20110943/20450,
THO/SDG): Approve final acceptance, by Resolution and recording of
one (1) utility
easement,
as a donation of a water distribution system, two 4'' diameter fire lines, and three
6'' diameter fire lines to provide potable water service and fire protection to 'VILLAGE
SHOPPES AT HEALTHPARK', an existing commercial development. This is a
Developer contributed asset project located on the northeast corner of Summerlin and Bass
Roads.
(#20110943-UTILITIES)
FUNDING SOURCE:
No funds required.
WHAT ACTION ACCOMPLISHES:
infrastructure to continue the supply of adequate water service to the existing Shopping
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
RESOLUTION NO. 11-11-29
B) ACTION REQUESTED/PURPOSE:
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to provide potable water service and fire protection to this proposed commercial
development. This is a Developer contributed asset project located at the southeast corner
(#20110945-UTILITIES)
FUNDING SOURCE:
No funds required.
WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support development of the subject property and
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
C) ACTION REQUESTED/PURPOSE:
GPIWA Rates (BS 20110962/20469, CBA/SDG): Accept petition from Greater Pine
capital charge per unit and authorize staff to advertise and schedule a public hearing for
December 13, 2011 at 9:30 a.m. to adopt a resolution approving rate adjustments up to 5%
(up from 3%) per calendar year for the next 5 years (2012-2016.) GPIWA will evaluate
rate levels each budget year to account for changes in the plan.
(#20110962-UTILITIES)
FUNDING SOURCE:
No funds required.
WHAT ACTION ACCOMPLISHES:
A public hearing is required for the purpose of adopting a resolution to increase franchise
water system rates, capital charges per new unit and service charges. Advertising and
conducting a public hearing will allow consideration of increasing water system rates and
charges by providing necessary revenue as recommended in the October 10, 2011 Water
Rate Study performed by PRMG, Inc.
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Hall moved approval, seconded by Commissioner Hall, called and carried.
14. COUNTY ATTORNEY
A) ACTION REQUESTED/PURPOSE:
Approve settlement in remaining tax overbid cases consolidated in Excess Proceeds
(#20110895-COUNTY ATTORNEY)
FUNDING SOURCE:
General Fund - Non-Departmental.
WHAT ACTION ACCOMPLISHES:
Settles all claims of disputed application for overbid funds resulting from delinquent tax
sales of real property.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
B) ACTION REQUESTED/PURPOSE:
Adopt a Resolution extending the commencement, phase, build out and expiration dates
for
by four years.
(#20110947-COUNTY ATTORNEY)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Extends the commencement, phase, build out and expiration dates in accordance with
MANAGEMENT RECOMMENDATION:
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Adopt Resolutions approving Development Order Amendments for each DRI
PULLED FOR DISCUSSION
At the request of Commissioners Hall and Bigelow, Chief Assistant County Attorney Donna Marie Collins provided
clarification regarding the item. Commissioner Judah moved approval, seconded by Commissioner Hall, called and
carried.
RESOLUTION NO. 11-11-30
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
A) ACTION REQUESTED/PURPOSE:
Approve disbursement of excess funds resulting from the sale of tax deed certificates to a
claimant verified and certified under Florida Statutes 197.582.:
Tax Deed
Number
2007-001526
2008-003326
2009-004819
2010-000708
2010-001657
2010-001658
2010-002292
2010-003175
2011-000251
2011-000279
2011-000285
Payee
Jupiter Asset Recovery, LLC
Presidential Mortgage, Inc.
Presidential Mortgage, Inc.
The Tosto Family Trust, u/a/d January
20, 2004
c/o Joanne Tosto and Domenic Tosto,
Trustees
Pamela Radicella
Amount
$1,446.08
$5,721.16
$15,498.61
$1,062.11
$36,199.10
$41,573.98
$901.26
$21.00
$581.94
$993.70
$1,386.03
(#20110974-DELINQUENT TAX)
FUNDING SOURCE:
Proceeds from a tax deed sale in excess of the taxes and/or liens owed are being held by
the Board for disbursements in accord with Florida Statutes, Chapter 197.
WHAT ACTION ACCOMPLISHES:
Provides for disbursement of excess tax deed proceeds to an appropriate claimant in
compliance with statutory rules and requirements.
MANAGEMENT RECOMMENDATION:
Approve disbursement to identified claimant.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
B) ACTION REQUESTED/PURPOSE:
Approve disbursement of excess funds resulting from the sale of tax deed certificates to a
claimant verified and certified under Florida Statutes 197.582.:
(#20110975-DELINQUENT TAX)
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FUNDING SOURCE:
Proceeds from a tax deed sale in excess of the taxes and/or liens owed are being held by
the Board for disbursements in accord with Florida Statutes, Chapter 197.
WHAT ACTION ACCOMPLISHES:
Provides for disbursement of excess tax deed proceeds to an appropriate claimant in
compliance with statutory rules and requirements.
MANAGEMENT RECOMMENDATION:
Approve disbursement to identified claimant.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
C) ACTION REQUESTED/PURPOSE:
Approve the Minutes for the following meetings of the Board of County Commissioners
held during the week of November 7 through November 11, 2011:
November 8, 2011 (Regular)
(#20110977-MINUTES)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Approval of the Board Minutes, pursuant to Florida Statute 286.011.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
D) ACTION REQUESTED/PURPOSE:
Approve the Minutes for the following meetings of the Board of County Commissioners
held during the week of November 14 through November 18, 2011:
November 14, 2011 (Special BoCC at Port)
November 15, 2011 (Regular)
(#20110978-MINUTES)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Approval of the Board Minutes, pursuant to Florida Statute 286.011.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
E) ACTION REQUESTED/PURPOSE:
Request Board approves
disbursements.
The check and wire registers can now be viewed
on the Clerk's Website at WWW.LEECLERK.ORG by accessing the BOCC Minutes and
Documents link.
(#20110979-FINANCE)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Florida Statute Chapter 136.06 (1) requires that all County disbursements be recorded in
the Minutes of the Board.
MANAGEMENT RECOMMENDATION:
Compliance with the requirements of FS 136.06 (1).
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
F) ACTION REQUESTED/PURPOSE:
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Present for information purposes interim reporting on selected financial activity and
provide an update on the economic changes in today's market (see background
information).
(#20110980-FINANCE)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
County Board of County Commissioners. Included in this report in compliance with
Chapter 218.415, Florida Statutes, Local Investment Policies, is the stated and fair market
Ordinance 02-28 activity for the Driver’s Education Safety Trust Fund.
MANAGEMENT RECOMMENDATION:
The purpose of this report is to convey to you the financial status of selected significant
and expenditures as of the stated dates, and the market value of investments managed by
the Clerk’s Office on behalf of the Board.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
ADMINISTRATIVE AGENDA
1. COUNTY ADMINISTRATION
A) ACTION REQUESTED/PURPOSE:
Direct to public hearing an ordinance that will repeal the following two ordinances:
a) 91-30, as amended by 94-18 (Black Affairs Advisory Board); and, b) 91-31, as amended
by 98-01(Hispanic Affairs Advisory Board). Requested hearing date is December 13, 2011
at 9:30 A.M. or as soon thereafter as may be heard.
(#20110971-COUNTY MANAGER)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Establishes public hearing date and authorizes staff to publish notice of the hearing. This is
the first step in two step process that will replace the ordinances governing the advisory
boards with an administrative code.
that discussions have been held with the Black and Hispanic Affairs Advisory Boards and mutual
understanding and agreement to the process has been attained. He further notified that all members of the
two Boards had been notified. County Manager Karen B. Hawes informed that staff is assisting currently
active advisory committees in reviewing ordinances and setting future objectives, and that an update
would be provided in February 2012. Commissioner Judah moved approval, seconded by Commissioner
Mann, called and carried.
2. COMMUNITY DEVELOPMENT
No requests received.
3. CONSTRUCTION AND DESIGN
No requests received.
4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
No requests received.
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6. HUMAN SERVICES
No requests received.
7. INDEPENDENT
No requests received.
8. NATURAL RESOURCES/SOLID WASTE
No requests received.
9. PARKS AND RECREATION
No requests received.
10. PUBLIC SAFETY
No requests received.
11. PUBLIC WORKS ADMINISTRATION
No requests received.
12. TRANSPORTATION
A) ACTION REQUESTED/PURPOSE:
1) Approve
Change Order No. 3
to project B-09-35 MATLACHA BRIDGE
3) Approve a
budget transfer
#30700 in the amount of $560,000 and amend the FY 2011/12-2015/16 CIP accordingly.
(#20110926-TRANSPORTATION)
FUNDING SOURCE:
Matlacha Bridge Replacement.
WHAT ACTION ACCOMPLISHES:
Increases contract amount to compensate contractor for additional work to add an
additional crosswalk, repair the existing bridge deck, additional erosion control and
maintenance of traffic devices and resolve unforeseen conditions at bridge abutments.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Mann. Transportation Department Director Dave
Loveland and Construction Manager Randy Cerchie provided clarification of the item and projected a November 2012
completion date. The Commissioners requested that they be provided with financial breakdowns of each project upon
completion. The motion was called and carried.
13. UTILITIES
No requests received.
14. COUNTY ATTORNEY
A) ACTION REQUESTED/PURPOSE:
Stores, Inc., et al., Case No. 11CA-476, parcel 118, Ortiz Avenue Widening Project, in the
amount of $440,000 for land value and $110,000 for trade fixtures for a total of $550,000.
(#20110917-COUNTY ATTORNEY)
FUNDING SOURCE:
Fund: Impact Fees-Central District; Program: Capital Improvement Projects; Project:
Ortiz Avenue Widening.
WHAT ACTION ACCOMPLISHES:
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action is concluded.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
B) ACTION REQUESTED/PURPOSE:
14175, Parcel 100, for the Fiesta Village Sewer Collection System, a Utilities Department
Project.
(#20110954-COUNTY ATTORNEY)
FUNDING SOURCE:
Wastewater Treatment Plant Improvements.
WHAT ACTION ACCOMPLISHES:
Settles all claims for condemnation of Parcel 100.
MANAGEMENT RECOMMENDATION:
Approve
Commissioner Hall moved approval, seconded by Commissioner Bigelow, called and carried.
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
No requests received.
17. PORT AUTHORITY
No requests received.
COMMISSIONER ITEMS
CLARIFICATION OF LIAISON ASSIGNMENTS-Commissioner Hall requested clarification of her
appointment as Board Liaison to the Florida and National Associations of Counties (NACO). After discussion, it was
the decision of the Commissioners that a designated liaison to the organizations was unnecessary, as participation
from the entire Board is invited. Commissioner Mann recommended that when a Board member attends or interacts
with either organization, it would be helpful to share pertinent information with other Commissioners.
FERTILIZER ISSUES- Commissioner Judah moved approval for the Chairman to send a letter to
Senator Charles Dean, Representative Jim Smith and Lee County’s Legislative Delegation urging opposition to
recently proposed bills exempting licensed professionals from adherence to local fertilizer ordinances, seconded by
Commissioner Hall, called and carried.
ALGENOL BIOFUELS, INC- SUCCESS - Commenting on the success and growth of Algenol,
currently the frontrunner of the biofuel industry, Commissioner Judah referenced a recent request from CEO &
President Paul Woods, regarding the possibility of placing a sign or very large, simple lettering on the roof of the
Algenol Building which could be easily viewed by passengers on incoming flights to Southwest Florida International
Airport. The Board requested Assistant County Attorney Michael Jacob to meet with Community Development
Planning Review Officer Bob Stewart and Chief Port Attorney Greg Hagen to review and determine if such a sign
would create problems with the Aviation Administration.
to send a
for authorization to appoint Southwest Florida Crime Stoppers,
Inc. to act as permanent agent for the purpose of applying for and receiving monies from the Crime Stoppers Trust
Fund. Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried.
OFFSHORE DRILLING -Commissioner Manning requested Board approval to send a letter to
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opposition to a proposed five-year offshore drilling/leasing program 150 miles off shore in the Gulf of Mexico, and
noted the TDC is preparing a resolution in opposition Commissioner Judah moved approval, seconded by
Commissioner Hall, called and carried.
Councilman Kevin McGrail for donation of a retired Lee Transit Bus to house a Veterans Memorabilia Museum. He
informed that if the bus is valued at less than $5,000.00 at the auction to be held on 12/10/2011 it could be considered
as a donation. Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
GREEN GALLON BIODIESEL-Commissioner Hall announced the recent grand opening of Green
Gallon Biodiesel Co. which moved into an existing structure for its new location, and reported that the company had
already produced and sold two million gallons of ethanol. The new business is expected to attract international
investors.
GRATITUDE- Commissioner Hall extended gratitude to the local hoteliers, resort and attraction
partners hosting a visit from the Scandinavian/United Kingdom Tour Representative along with other tour operators,
recently held at the Pink Shell Resort, and noted the excellent opportunity for international marketing of direct flights
to the area.
VALUE ADJUSTMENT BOARD- Commissioner Hall moved to appoint Commissioner Bigelow as
Chairman and Commissioner Manning as Vice-Chairman of the Value Adjustment Board, seconded by Commissioner
Mann, called and carried.
COMMITTEE APPOINTMENTS
AFFORDABLE HOUSING
COMMITTEE, ESSENTIAL SVCS. PERSONNEL POSITION 11,
seconded by Commissioner Hall, called and
carried. RESOLUTION NO. 11-11-31
CONSERVATION LAND
ACQUISITIOIN & STEWARDSHIP COMMITTEE,
seconded by Commissioner Hall, called and carried.
DAUGHTREYS CREEK MSTBU,
DISTRICT 4,
BICYCLE/PEDESTRIAN COMMITTEE,
DISTRICT 4,
CONSTRUCTION BOARD OF
ADJUSTMENTS & APPEALS,
seconded by Commissioner Mann, called and carried.
COUNTY MANAGER ITEMS
COUNTY ATTORNEY ITEMS
The Chairman adjourned the meeting at 10:43 a.m.
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