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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 |
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Donald D. Stilwell, County Manager |
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David
M. Owen County Attorney |
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| April 19, 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
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9:30
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Invocation: |
Dr.
Ryan Deaton |
Life
Church |
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Pledge
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Presentations: |
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(Commissioner
Judah-#20050491) |
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Recap |
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Public
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Items
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Motion
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Consideration
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Walk-ons
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Commissioners'
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County
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County
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Adjourn |
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April
19, 2005
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1. |
COUNTY ADMINISTRATION |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION REQUESTED/PURPOSE: Award the Construction Management Agreement under
RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, for
the project known as Lee County Civic Center Re-Roofing with a Guaranteed
Maximum Price (GMP) of $765,510.00 (includes CM fee of $52,255.00) to Gary
Wilkes, Inc. General Contractor. At
this time it is being requested that the Board approve waiving of the formal
process (if needed) and authorize the use of the Direct Material Purchase
Orders based on the CM’s competitive process, which allows the County to
purchase directly from suppliers of equipment and/or materials as a cost/time
saving measure. It is anticipated
that this project will reach substantial completion in 150 calendar days and
final completion in 180 days. Also,
approve Budget Transfer of $47,760.00 from the Re-roofing project to the
Civic Center Roof project and amend FY 04/05-08/09 CIP accordingly. Funds will be available upon execution of
the Budget Transfer. WHAT ACTION ACCOMPLISHES: Provides Lee County with a Contractor to perform
re-roofing of the Lee Civic Center. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20050433-Facilities Management) |
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ACTION REQUESTED/PURPOSE: Approve returning the unspent funds of $294,288.29
to the Lee County Clerk of Courts that was provided to the County for the
renovation of the 5th floor of the Administration Building. WHAT ACTION ACCOMPLISHES: Allows the County to return unspent funds provided by the Clerk of Courts. MANAGEMENT RECOMMENDATION: Management recommends approval. (#20050464-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 of Easement Purchase
Agreement in Lieu of Condemnation for acquisition of Parcel 185 C, Gunnery
Road Widening Project No. 4055, in the amount of $1,000; 2) Chairman, on
behalf of the Board, to sign the Purchase Agreement; and 3) the Division of
County Lands to handle and accept all documentation necessary to complete
transaction and grant an extension to close, if necessary. WHAT ACTION ACCOMPLISHES: Allows the County to proceed with the project without resorting to Eminent Domain proceedings. MANAGEMENT RECOMMENDATION: Management recommends Board approve the Action Requested. (#20050412-County Lands) |
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ACTION
REQUESTED/PURPOSE: Approve Purchase Agreement for acquisition of
Parcel 219, Three Oaks Parkway South Extension Project No. 4043, in the
amount of $90,000; 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.
(#20050437-County Lands) |
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ACTION REQUESTED/PURPOSE: Approve Purchase Agreement for acquisition of
property located at 1835 Royal Palm Avenue, Fort Myers for the expansion of
parking at the Lee County Constitutional Complex, Human Services Building,
and County/City Annex in the amount of $125,000; Authorize the payment of
costs to close and the Division of County Lands to handle all documentation necessary
to complete transaction. Also approve budget transfer from Capital
Improvement Fund Reserves in the amount of 70,000 to the Asphalt Parking Lots
project and amend FY 04/05 -08/09 CIP accordingly. WHAT ACTION ACCOMPLISHES: Acquires property for expansion of parking at the
Lee County Constitutional Complex, Human Services Building, and County/City
Annex. MANAGEMENT RECOMMENDATION: Management recommends Board approve the Action
Requested. (#20050456-County Lands) |
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ACTION REQUESTED/PURPOSE: Amend the health plan contract with Aetna to
reflect the new HIPAA security rules on electronic protected health
information. WHAT ACTION ACCOMPLISHES: Brings our health plan contract with Aetna into
compliance with new federal regulations regarding HIPAA (Health Insurance
Portability and Accountability Act).
Portions of this act protect the privacy of health information. New regulations concern the security of
Protected Health Information (PHI) in electronic form. MANAGEMENT
RECOMMENDATION: Approve
(#20050462-Human Resources) |
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7. |
PUBLIC SAFETY |
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ACTION
REQUESTED/PURPOSE: Approve award of Formal Quotation No. Q-050055,
the annual purchase of Medications-E.M.S. A, to the overall low quoter
meeting all specification requirements, Rebel Distributors Corp. for a total
annual estimated cost of $50,000. 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. Additionally, allow the Purchasing Director authority
to rescind the award and go to the next lowest bidder if the awarded vendor
fails to meet their contractual obligations. Allows Public Safety/EMS to
obtain needed medications. Funding will come from the individual divisions
budget and they will be responsible for monitoring their own expenditures. WHAT ACTION
ACCOMPLISHES: Establishes competitive pricing for the purchase
of these materials. MANAGEMENT RECOMMENDATION: Approve (#20050331-EMS) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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9. |
TRANSPORTATION |
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ACTION REQUESTED/PURPOSE: Board of County Commissioners (BOCC) approval for
the Chairman to execute the attached Resolution and State of Florida
Department of Transportation (FDOT) Local Agency Program Agreement. BOCC
approval is required for the execution of the Resolution and Agreement. Also approve Budget Resolution in the
amount of $100,000 and amend FY 04/05 – 08/09 CIP accordingly. WHAT ACTION ACCOMPLISHES: Adopts a Resolution, authorizing the BOCC Chairman
to execute the Resolution and Agreement, allowing FDOT and Lee County to
participate in the installation of landscaping and irrigation improvements
within FDOT’s jurisdiction at Palm Beach Boulevard and Interstate 75
interchange. MANAGEMENT
RECOMMENDATION: Recommend approval. (#20050401-Transportation) |
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10. |
UTILITIES |
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ACTION REQUESTED/PURPOSE: Approve construction of a water main and force
main extension serving CVS Store #3485
(f/k/a Eckerds Store # 2155). This
is a Developer Contributed Asset and the project is located on the northwest
corner of Summerlin & Pine Ridge Roads. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual. MANAGEMENT RECOMMENDATION: Lee County Utilities requests that the County
Manager’s office recommend approval of this item. (#20041515-Utilities) |
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ACTION REQUESTED/PURPOSE: Approve construction of one 10” diameter Master
Meter and a force main extension serving Gulf
Reflection. This is a Developer
Contributed asset project located on the west side of Pine Ridge Road
approximately 1/2 of a mile south of Kelly Road. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual. MANAGEMENT RECOMMENDATION: Lee County Utilities requests that the County Manager’s
office recommend approval of this item.
(#20050192-Utilities) |
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ACTION REQUESTED/PURPOSE: Approve construction of the water and gravity main
extensions serving Verandah, Cottonwood
Bend to provide potable water service, fire protection and sanitary sewer
service to this proposed single-family residential development. This is a Developer Contributed asset
project located on the south side of SR 80 approximately 1-1/2 miles west of
Buckingham Road. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual. MANAGEMENT RECOMMENDATION: Lee County Utilities requests that the County
Manager’s office recommend approval of this item. (#20050326-Utilities) |
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ACTION REQUESTED/PURPOSE: Approve final acceptance, by Resolution, as a
donation of water distribution and gravity collection systems serving Orange
Tree Bend at Verandah to provide potable water service, fire
protection and sanitary sewer service to this phase of the residential
development. This is a Developer Contributed asset project located on the
south side of State Road 80, approximately ½ mile east of State Road 31. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual. MANAGEMENT RECOMMENDATION: Lee County Utilities requests that the County
Manager’s office recommend approval of this item. (#20050329-Utilities) |
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ACTION REQUESTED/PURPOSE: Approve final acceptance, by Resolution, as a
donation of water distribution and gravity collection systems serving Shadetree
Point and Oak Bend at Verandah to provide potable water service,
fire protection and sanitary sewer service to this phase of the residential
development. This is a Developer Contributed asset project located on the
south side of State Road 80, approximately ½ mile east of State Road 31. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual. MANAGEMENT RECOMMENDATION: Lee County Utilities requests that the County
Manager’s office recommend approval of this item. (#20050330-Utilities) |
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ACTION
REQUESTED/PURPOSE: Approve final acceptance by Resolution and
recording of one (1) utility easement as a donation of a fire line serving White House|Black
Market. This is a Developer
Contributed asset project located on the east side of Metro Parkway
approximately 500’ south of Danley Drive. WHAT ACTION
ACCOMPLISHES: Places the fire line into operation and complies
with the Lee County Utilities Operations Manual. MANAGEMENT
RECOMMENDATION: Lee County Utilities requests that the County
Manager’s office recommend approval of this item. (#20050356-Utilities) |
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ACTION
REQUESTED/PURPOSE: Approve final acceptance by Resolution and
recording of one (1) utility easement as a donation of a water main extension
and one (1) 8” diameter master meter assembly serving Blessed Pope John XXIII - Phases 1 & 2. This is a developer contributed asset
project located on the west side of Palomino Road approximately 1 ¼ miles
north of Daniels Parkway. WHAT ACTION
ACCOMPLISHES: Places the water main extension and master meter
assembly into operation and complies with the Lee County Utilities Operations
Manual. MANAGEMENT
RECOMMENDATION: Lee County Utilities requests that the County
Manager’s office recommend approval of this item. (#20050357-Utilities) |
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ACTION
REQUESTED/PURPOSE: Approve construction of an
off-site force main extension serving Majestic
Fountains. This is a Developer
contributed asset and the project is located along the west side of San
Carlos Blvd just south of McGregor Blvd. This project is necessary to provide
future sanitary sewer service to a proposed multi-family residential and
commercial development. WHAT ACTION
ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual. MANAGEMENT
RECOMMENDATION: Lee County Utilities requests that the County
Manager’s office recommend approval of this item. (#20050358-Utilities) |
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ACTION
REQUESTED/PURPOSE: Approve construction of
water and gravity main extensions serving Majestic
Fountains (Roadway Phase). This
is a Developer contributed asset and the project is located along the west
side of San Carlos Blvd just south of McGregor Blvd. This project is necessary to provide
future water and sanitary sewer service to a proposed multi-family
residential and commercial development. WHAT ACTION
ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual. MANAGEMENT
RECOMMENDATION: Lee County Utilities requests that the County
Manager’s office recommend approval of this item. (#20050359-Utilities) |
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ACTION REQUESTED/PURPOSE: Approve Supplemental
Task Authorization No. 1 to Contract #2926, to Ray Boyd under CN-04-14,
MISCELLANEOUS UTILITY ENGINEERING DESIGN AND/OR INSPECTION SERVICES – Reg.
Sludge Plant Prelim Study Phase 1, in the amount of $74,500.00. This project was in the CIP and the funds
are available within the budget. WHAT ACTION
ACCOMPLISHES: Provides the County with a consultant already on
contract that can provide professional utility engineering services for the
Reg. Sludge Plant Prelim Study Phase 1. MANAGEMENT RECOMMENDATION: Approve (#20050448-Utilities) |
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ACTION REQUESTED/PURPOSE: Approve Change Order No. 4 to contract #2063 under CN-02-08 METRO PARKWAY WIDENING FROM SIX MILE TO DANIELS to INWOOD CONSULTING ENGINEERS in the amount of $52,740.00. This project is included in the CIP and will be funded by the Utilities CIP Budget. WHAT ACTION ACCOMPLISHES: Provides Lee County with a Consultant to: include design work for relocation of existing Lee County Utilities water line and replacement of an existing sewer force main with a larger force main. All utility work will be installed concurrently with the six-laning of Metro Parkway. MANAGEMENT RECOMMENDATION: Approve
(#20050450-Utilities) |
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11. |
PARKS AND RECREATION |
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12. |
COUNTY ATTORNEY |
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ACTION REQUESTED/PURPOSE: Direct an ordinance amending Lee County Land
Development Code (LDC) Chapter 34 (§
34-934) to provide additional permitted uses within the Airport Operations
Plan Development (AOPD) District to: LPA on April 25, 2005; First Public Hearing
on May 10, 2005 at 5:00 p.m.; Second Public Hearing on May 24, 2005 at 5:00
p.m. WHAT ACTION ACCOMPLISHES: Amends the LDC to provide additional development
opportunities on Airport property consistent with the recent Lee Plan
amendment and Airport Master Plan Update. MANAGEMENT
RECOMMENDATION: Approve (#20050474-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). MANAGEMENT RECOMMENDATION: Approve
(#20050479-Clerk of Courts) |
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ACTION REQUESTED/PURPOSE: Presentation to the Board of County Commissioners the Lee County’s Port Authority’s financial statements for fiscal year 2004. WHAT ACTION ACCOMPLISHES: Provides public notice of the availability of the audited financial statements to the citizens of Lee County. MANAGEMENT RECOMMENDATION: Approve. (#20050458-Clerk of Courts) |
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ACTION REQUESTED/PURPOSE: Authorize Chairman to execute a corrective deed arising from a premature tax deed sale. WHAT ACTION ACCOMPLISHES: Restores title to the property back to original owner. MANAGEMENT RECOMMENDATION: Approve action and execute deed. (#20050476-Clerk of Courts) |
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve
payment of Delinquent Tax overbid money to the claimant-Capital Recovery
& Investments, Inc.. Pursuant to Florida
Statute 197 the Board is to hold unclaimed overbid funds from Delinquent Tax
sales for a period of two years on behalf of the original land owner. 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 (#20050480-Clerk of Courts) |
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve
payment of Delinquent Tax overbid money to the claimant-Duncan. Pursuant to Florida Statute 197 the Board is to
hold unclaimed overbid funds from Delinquent Tax sales for a period of two
years on behalf of the original land owner. 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 (#20050481-Clerk of Courts) |
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve
payment of Delinquent Tax overbid money to the claimant-Florida Refund
Associates. Pursuant to Florida
Statute 197 the Board is to hold unclaimed overbid funds from Delinquent Tax
sales for a period of two years on behalf of the original land owner. 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 (#20050482-Clerk of Courts) |
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve payment
of Delinquent Tax overbid money to the claimant-Lee County Clerk of Circuit
Court. Pursuant to Florida Statute 197 the Board
is to hold unclaimed overbid funds from Delinquent Tax sales for a period of
two years on behalf of the original land owner. 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 (#20050483-Clerk of Courts) |
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve
payment of Delinquent Tax overbid money to the claimant-Marcos. Pursuant to Florida Statute 197 the Board is to
hold unclaimed overbid funds from Delinquent Tax sales for a period of two years
on behalf of the original land owner. 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 (#20050484-Clerk of Courts) |
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve
payment of Delinquent Tax overbid money to the claimant-Newcomb. Pursuant to Florida Statute 197 the Board is to
hold unclaimed overbid funds from Delinquent Tax sales for a period of two
years on behalf of the original land owner. 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 (#20050485-Clerk of Courts) |
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve
payment of Delinquent Tax overbid money to the claimant-Prime Intercoastal
Group. Pursuant to Florida Statute 197 the Board
is to hold unclaimed overbid funds from Delinquent Tax sales for a period of
two years on behalf of the original land owner. 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 (#20050486-Clerk of Courts) |
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve
payment of Delinquent Tax overbid money to the claimant-Roig. Pursuant to Florida Statute 197 the Board is to
hold unclaimed overbid funds from Delinquent Tax sales for a period of two
years on behalf of the original land owner. 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 (#20050487-Clerk of Courts) |
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve
payment of Delinquent Tax overbid money to the claimant-Estate of Robert E.
Wolf. Pursuant to Florida Statute 197 the Board
is to hold unclaimed overbid funds from Delinquent Tax sales for a period of
two years on behalf of the original land owner. 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 (#20050488-Clerk of Courts) |
April
19, 2005
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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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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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9. |
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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ACTION REQUESTED/PURPOSE: Approval of mediated settlement of The Sorrento at
the Colony Condominium Association, Inc. v. Lee County and WCI Communities,
Inc., Case No. 04-2872CA, upon the terms and conditions contained in the
Agreement attached hereto. WHAT ACTION ACCOMPLISHES: Resolves the pending litigation without any
additional costs or expenses. MANAGEMENT
RECOMMENDATION: County attorney
recommends approval.
(#20050473-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 a resolution to amend the Lee County External Fees Manual (Administrative Code 3-10) to establish a fee for processing refund checks to people, companies, or corporations that write checks for amounts exceeding $5.00 over the actual fee(s) for Recording closing documents in real estate transactions. WHAT ACTION ACCOMPLISHES: Offsets the costs of issuing county warrants for refunds to the title companies that routinely issue checks in excess of the known recording fee(s) MANAGEMENT RECOMMENDATION: Approve. (#20050449-Clerk of Courts) |
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Walk On |
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ACTION REQUESTED/PURPOSE: WHAT
ACTION ACCOMPLISHES: REASON FOR WALK ON:
Property seller is requesting closing occur on
or before April 26, 2005 due to financial arrangements. |