District #1Bob
Janes |
District #2 Douglas St. Cerny Chairman |
District #3 Ray
Judah
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District #4 Tammy Hall Vice Chair
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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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August 9, 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: |
Pastor
Richard Cecil |
The
Father’s House |
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Pledge
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Recap |
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Public
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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
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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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August
9, 2005
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1. |
COUNTY ADMINISTRATION |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION REQUESTED/PURPOSE: Approve award of Formal
Quotation Q-0505529, Janitorial Service for the Lee County Public Safety
Building for Facilities Management, to the overall low quoter meeting
specifications, Executive Management Services, for the annual grand total
price of $134,500 The initial term of this quote is for three years; also
request authority to renew this quote for an additional two-year period, at
the same terms and conditions, if in the best interest of Lee County. WHAT ACTION
ACCOMPLISHES: Allows Facilities Management to provide reliable
janitorial service MANAGEMENT
RECOMMENDATION: Staff recommends approval (#20051070-Facilities Management) |
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ACTION REQUESTED/PURPOSE: Approve and adopt Resolution to amend AC-4-4,
Contract Manual to authorize an exemption for the reimbursement of permit
fees for Lee County projects. WHAT ACTION ACCOMPLISHES: Allows immediate reimbursement for permit fee expenses for County projects. MANAGEMENT
RECOMMENDATION: Staff Recommends
approval (#20051081-Contracts) |
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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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ACTION REQUESTED/PURPOSE: Approve the Florida Gulf Coast University
agreement in the amount of $65,000, for one year only, to develop the
Community Support Program. WHAT ACTION ACCOMPLISHES: FGCU agreement will provide direct technical assistance to nonprofit community based agencies, offer administrative service support to nonprofit organizations in the areas of data management, grant and contract administration, and financial management. Additionally, FGCU will conduct research and analysis of the impacts and evolving needs of nonprofit organizations in Lee County. MANAGEMENT
RECOMMENDATION: Approve agreement, funds
are available. (#20051075-Human
Services) |
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6. |
INDEPENDENT |
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ACTION REQUESTED/PURPOSE: Approve extending coverage in the Lee County
Health, Dental, and other plans to Clerk of Courts effective January 1, 2006. WHAT ACTION ACCOMPLISHES: In response to the Clerk of Courts’ request, this
will allow the Clerk’s employees access to the BOCC benefit plans. This will add approximately 310 employees
to the BOCC’s plan. MANAGEMENT
RECOMMENDATION: Approve. (#20051013-Human Resources) |
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ACTION REQUESTED/PURPOSE: Adopt revision to the Benefits Plan (Summary Plan
Document) description to define eligible retirees to include persons who have
taken alternatives to the Florida Retirement System (FRS) defined benefit
plan. This also outlines interaction
between Medicare Part D, which is the new prescription drug plan effective
January 1, 2006, and our health plan. WHAT ACTION ACCOMPLISHES: Updates the Summary Plan Document to define retirees who may participate in our health, dental, life insurance and vision plans. An employee who chooses the investment plan or alternatives may participate in our health plan if they have six years or more of service with FRS or with Lee County. Retirees who take Medicare Part D (Medicare’s Prescription Drug Plan) will not be eligible to participate in the health plan. MANAGEMENT
RECOMMENDATION: Approve. (#20051014-Human Resources) |
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ACTION
REQUESTED/PURPOSE: Adopt resolution amending and deleting the Lee
County Administrative Codes per Exhibit “A”. WHAT ACTION ACCOMPLISHES: Bring Lee County
Administrative Codes Current MANAGEMENT RECOMMENDATION: Approve (#20051016-Public Resources) |
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ACTION
REQUESTED/PURPOSE: Approve revision to the Medical and Dependent Care Reimbursement
Accounts and Pre-tax Premiums for the Lee County Health, Dental and Vision
Plans. Add Opt-Out Plan (previously
approved by Board) to document. WHAT ACTION ACCOMPLISHES: Updates benefits documents to reflect current regulations and
practices of the IRS. This extends the time allowed to claim reimbursement
from the Health Care Reimbursement Plan and the Dependent Care Assistance
Program for two and a half months (fifteenth day of the third month following
the end of the Plan Year). These are
“use it or lose it” plans with tax consequences. New regulations give employees additional time to use the money
in their accounts. MANAGEMENT
RECOMMENDATION Approve. (#20051018-Human
Resources) |
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ACTION REQUESTED/PURPOSE: Approve the award of
Project # PB050616, the purchase of 3 GMC Savana 2500 cargo vans for Animal
Services, from Alan Jay Pontiac Buick GMC, Inc., at the Florida Sheriff
Association Bid Award base price of $49,839-plus non contract options in the
amount of $38,430-for a grand total amount of $88,269. WHAT ACTION ACCOMPLISHES: Provides Animal Services
with 3 new vans to be used daily for animal control in Lee County. MANAGEMENT
RECOMMENDATION: Approve as stated. (#20051026-Animal Services) |
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7. |
PUBLIC
SAFETY |
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ACTION REQUESTED/PURPOSE
Request the Board to approve Interlocal Agreements
with Bonita Springs, Estero, City of Ft. Myers, Ft. Myers Beach, Lehigh
Acres, and South Trail Fire Departments, for the distribution of Medical Data
Terminals purchased with EMS County Award Grant funds. WHAT ACTION ACCOMPLISHES: Interlocal Agreements will authorize EMS to
distribute Motorola Medical Data Terminals purchased with EMS County Award
Grant funds. MANAGEMENT
RECOMMENDATION: Completes the purchase and distribution process of
equipment noted in the grant application to designated Lee County Advanced
Life Support Providers as approved by the Board on April 05, 2005. (#20050750-EMS) |
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ACTION
REQUESTED/PURPOSE: Approve Extension to Interlocal Agreement with the
City of Fort Myers for Fire Protection and Prevention Services to the
Maravilla MSTU and Naravez for the period beginning October 1, 2005 through
September 30, 2006 in the amount of $74,138.
Funds are available. WHAT ACTION ACCOMPLISHES: Continues fire protection services to the residents
of Maravilla MSTU District by the City of Fort Myers Fire Department. MANAGEMENT
RECOMMENDATION: Staff recommends
approval. (#20051067-Public Safety) |
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8. |
SOLID
WASTE-NATURAL RESOURCES |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED/PURPOSE: Approve award of Formal Quotation No. Q-050415 the
purchase of One (1) 60’ Hydraulic Excavator for DOT - Operations, to the low
quoter meeting specifications, G.S. Equipment, Inc., at a price of $198,355. WHAT ACTION ACCOMPLISHES: Provides
DOT-Operations with a new track-type/hydraulic excavator that will be used to
clean out canals within Lee County.
The new machine will replace an 11-year-old dragline for which the
maintenance costs have exceeded 50% of the original purchase price and has
meet Fleet’s replacement criteria (please see Attachment #6). MANAGEMENT RECOMMENDATION: Approve as
stated. (#20051001-Transportation) |
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ACTION REQUESTED/PURPOSE: Concur with the ranking of Consultants by the
Competitive Negotiations Committee for CN-05-17 ORTIZ AVENUE FOUR LANING, in
the following order of ranking, and authorize contract negotiations to
commence with the number one ranked firm:
(1) AIM Engineering & Surveying, Inc.; (2) Dyer, Riddle, Mills
& Precourt, Inc.; (3) Kisinger Campo & Associates. WHAT ACTION ACCOMPLISHES: Provides Lee County with a Consultant for the
four-laning of Ortiz Avenue from Martin Luther King (MLK) Jr. Boulevard (S.R.
82) to Palm Beach Boulevard (S.R. 80).
This project includes survey and right-of-way maps, roadway plans,
utility coordination and production of utility relocation plans, access
management plans, lighting and signal design, bridge design (widening),
preparation of cost estimates, bid documents, contract documents and
obtaining all the government permits necessary for the construction of this
project. MANAGEMENT
RECOMMENDATION: Approval
recommended.
(#20051054-Transportation) |
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ACTION REQUESTED/PURPOSE: Approve the utilization of piggybacking from
Broward County, Bid No. T-6-03-177-B-1, with Lanzo Lining Services, Inc., for
a total amount of $206,117.00 for Cured In Place Pipe Rehabilitation for
cleaning, televising and lining storm sewers in various locations in Lee
County for Lee County Department of Transportation, Operations Division. Also, allow Chairman to execute the
Construction Contract on behalf of the Board. WHAT ACTION ACCOMPLISHES: By allowing the Department to piggyback onto
Broward County’s contract with Lanzo Lining Services, it will allow Lee
County DOT – Operations Division to complete the needed cleaning and lining
of storm sewers as quickly as possible. MANAGEMENT
RECOMMENDATION: Staff recommends
approval. (#20051083-Transportation) |
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10. |
UTILITIES |
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ACTION REQUESTED/PURPOSE: Approve construction of a water main and gravity
main extension serving Bella Casa
Luxury Condominiums to provide potable water service, fire protection and
sanitary sewer service to the proposed multi-family residential
community. This is a Developer
Contributed asset project located along the west side of Plantation Road
approximately 1/2 mile north of Daniels Parkway. 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. (#20050996-Utilities). |
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ACTION REQUESTED/PURPOSE: Approve construction of a water main extension and
force main connection serving Lucaya
to provide potable water service, fire protection and sanitary sewer service
to the proposed multi-family residential development. This is a Developer Contributed asset
project located on the south side of McGregor Boulevard approximately ¼ of a
mile west of A & W Bulb 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. (#20050997-Utilities) |
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ACTION REQUESTED/PURPOSE: Approve final acceptance by Resolution as a
donation of (1) one 6’’ diameter fire line to provide fire protection to Lee
Medical Examiner District 21 Expansion & Renovation. This is a Lee County Department of Construction and Design
contributed asset project located on the northeast corner of Beacon Manor
Drive and 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. (#20050998-Utilities) |
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ACTION REQUESTED/PURPOSE: Approve final acceptance by Resolution as a
donation of one (1) fire hydrant serving O’Mara
Subdivision, Lot 5 a/k/a Lee County Reprographics to provide fire
protection to the recently constructed office/warehouse building. This is a developer contributed asset
project located on the west side of Metro Parkway approximately ½ mile north
of Daniels Parkway. WHAT ACTION ACCOMPLISHES: Places the fire hydrant 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. (#20050999-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 and fire
hydrant serving Latite Roofing Office
& Warehouse to provide fire protection to this recently constructed
commercial building. This is a
Developer Contributed asset project located on the on the west side of Drew
Circle approximately 1,500’ south of Alico 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. (#20051020-Utilities) |
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ACTION REQUESTED/PURPOSE: Approve
final acceptance by Resolution and recording of one (1) utility easement as a
donation of water distribution and gravity collection systems to provide
potable water service, fire protection and sanitary sewer service to Estero Verde, a recently constructed
29-lot residential development. This is a developer contributed asset
project located on the south side of Pine Road approximately 500’ west of S.
Tamiami Trail. WHAT ACTION ACCOMPLISHES: Places the
water distribution and gravity collection systems 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. (#20051032-Utilities) |
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ACTION
REQUESTED/PURPOSE: Approve Project # PB050627, for the Lee County
Utilities Division, for the utilization (piggyback) of the Indian River
County’s RFP # 6058, which has gone through their competitive bidding
process, for the purchase of Automated Water Meters from Hughes Supply Inc.,
for the unit prices as listed on the awarded vendor’s price sheet. This proposal was originally awarded for
one year from May 1, 2004 to April 30, 2005, and was renewed for one
additional year from 5/1/05 to 4/30/06.
Also request permission to continue to utilize this piggyback for any
additional renewal periods between Indian River County and the awarded
vendor. For general information, the
Utilities Division estimates spending approximately $340,000.00 for automated
water meters on an annual basis. The
requesting department will be responsible for monitoring their individual
expenditures. WHAT ACTION ACCOMPLISHES: Allows the Utilities Division to purchase
automated water meters in a cost effective, efficient, and timely manner. MANAGEMENT
RECOMMENDATION: Staff recommends
approval. (#20051056-Utilities) |
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11. |
PARKS AND
RECREATION |
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12. |
COUNTY
ATTORNEY |
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ACTION REQUESTED/PURPOSE: Sign agreement to realign the planned southern
extension of Three Oaks Parkway through property owned by Centex Homes
located in Bonita Springs. WHAT ACTION ACCOMPLISHES: Accommodates an alignment of the southern
extension of Three Oaks Parkway that is more desirable to the affected
property owner, Centex Homes. The
proposed realignment will afford Centex the opportunity to design a more
marketable community. MANAGEMENT RECOMMENDATION: Management recommendation is to approve the Three Oaks Parkway Alignment Agreement. (#20051078-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
(#20051090-Clerk of Courts) |
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August
9, 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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ACTION REQUESTED/PURPOSE: DENY the request for rehearing of the Board zoning
decision for Estero Vista residential project located
at 4098 Santa Maria Street, west of U.S. 41, south of San Carlos Boulevard. WHAT ACTION ACCOMPLISHES: An
aggrieved party is allowed to file a request for a rehearing. MANAGEMENT RECOMMENDATION: Deny (#20050840-Community Development). |
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ACTION REQUESTED/PURPOSE: Approve waiving of the formal process for BW-05-11
Update of the lee county fire/ems
Impact Fees with James Duncan and Associates, Inc., in the lump sum
amount of $46,190.00 with a project completion of four and one-half (4 1/2)
months. Further authorize Chairman to execute Change Order #1 in the
Not-to-Exceed amount of $15,900.00. WHAT ACTION ACCOMPLISHES: Provides Lee County with an efficient, cost
effective update of the Lee County Fire/EMS Impact Fees. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20051072-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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ACTION
REQUESTED/PURPOSE: Waive formal procurement procedures and approve
and authorize the Chairman to sign a Definitive Agreement between Lee County
and Covanta Energy, Inc, the current operator of the County Waste to Energy
facility, providing for the costs and responsibilities of the Parties for
Engineering Oversight, Construction Management and Start-Up of the Waste to
Energy Third Unit Expansion Project. WHAT ACTION ACCOMPLISHES: Establishes a formal agreement providing the
roles, costs, and responsibilities for the County and Covanta Energy, Inc.
for the design, construction, and start-up of the Waste to Energy Expansion
Project. This Definitive Agreement
was developed pursuant to the Memorandum of Understanding (MOU) previously
approved by the BOCC. MANAGEMENT
RECOMMENDATION: Staff recommends
approval. (#20050628-Solid Waste) |
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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: Consider and approve the Interlocal Agreement for
the Lee County Metropolitan Planning Organization (MPO) and the Resolution
authorizing Chairman to sign the Interlocal Agreement. WHAT ACTION ACCOMPLISHES: Renews the Interlocal Agreement as required by
Chapter 339.175, Florida Statutes, and federal law under which the MPO
program operates and authorizes Chairman to sign Interlocal Agreement on
behalf of the Board of County Commissioners. MANAGEMENT RECOMMENDATION: Recommend approval. (#20050989-County Attorney) |
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ACTION REQUESTED/PURPOSE: Direct County Attorney to file suit to enjoin
public nuisance on the property of Frances M. Caronna. WHAT ACTION ACCOMPLISHES: Suit to enjoin a public nuisance will be filed on
behalf of Lee County against Frances M. Caronna and any other responsible
parties. MANAGEMENT
RECOMMENDATION: Approval of directive to
file suit. (#20051066-County
Attorney) |
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ACTION REQUESTED/PURPOSE: Reject proposal for settlement from Fred Towell,
Tr. and make counter proposal for settlement in Lee County v. VLP, LLC, et
al., Case No. 03-2553-CA. WHAT ACTION ACCOMPLISHES: Rejects proposal for settlement in the amount of
$29,750.00 and makes counter proposal for settlement of $17,000.00. MANAGEMENT
RECOMMENDATION: Recommends approval of
County’s counter proposal.
(#20051074-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 AGENDA
August 09, 2005
Walk On |
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ACTION REQUESTED/PURPOSE:
REASON FOR WALK ON: |
CARRY OVER AGENDA
August 09, 2005
Carry Over |
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ACTION REQUESTED/PURPOSE:
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
REASON FOR WALK ON: |
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5:00
PM |
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ACTION REQUESTED/PURPOSE: Adopt and certify by Resolution the Special
Assessment Rolls for 22 MSBUs for collection by the Lee County Tax Collector
for Fiscal Year 2005-2006. WHAT ACTION ACCOMPLISHES: Allows staff to utilize the annual tax bill for
the collection of special assessments. MANAGEMENT
RECOMMENDATION: Approve
(#20050640-MSTBU Services)
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ACTION REQUESTED/PURPOSE: Approval of a Resolution to create the San Carlos
Drive Drainage and Curbing Municipal Service Benefit Unit and a Resolution to
Reimburse. WHAT ACTION
ACCOMPLISHES: Allows staff to set up a Municipal Taxing Benefit
Unit to coordinate and manage a capital project to install drainage and curbs
in the defined area. MANAGEMENT RECOMMENDATION: Approve
(#20050685-MSTBU Services) |
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ACTION REQUESTED/PURPOSE: Conduct a Public Hearing to consider and approve
resolution on proposed revised toll structures for the Sanibel Causeway,
Midpoint Memorial Bridge and the Cape Coral Bridge. WHAT ACTION ACCOMPLISHES: Allows Public Hearing to be held. MANAGEMENT RECOMMENDATION: Recommend
approval. (#20050978-County Attorney) |
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ACTION REQUESTED/PURPOSE: Conduct a public hearing to approve a Resolution
to create the Homestead Lane Road Paving Municipal Service Benefit Unit and a
Resolution to Reimburse. WHAT ACTION ACCOMPLISHES: Allows staff to set up a Municipal Taxing Benefit
Unit to coordinate and manage a capital project to pave Homestead Lane. MANAGEMENT
RECOMMENDATION: Approve (#20050933-MSTBU
Services) |
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ACTION REQUESTED/PURPOSE: Conduct a Public Hearing and consider the adoption
of an Ordinance amending Lee County Ordinance Nos. 88-11 and 96-24, relating
to the commercial use of rights-of-way, allowing soliciting in the right-of-way
for charitable contributions. WHAT ACTION
ACCOMPLISHES: Organized charities may
apply for a permit to solicit charitable contributions within the County
rights-of-way provided such charitable solicitations are conducted by sworn
and/or certified law enforcement officers or firefighters, and meet all of
the permit requirements of Administrative Code AC 8-1 and any other
supplemental Administrative Code provisions hereinafter adopted. MANAGEMENT
RECOMMENDATION: Deny. (#20051000-County Attorney) |
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5:05
PM |
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ACTION REQUESTED/PURPOSE: Conduct first public hearing concerning an
ordinance amending Lee County Land Development Code (LDC) §34-1006 pertaining
to airport noise zones; Direct to second public hearing on August 23, 2005 at
5:05 p.m. WHAT ACTION ACCOMPLISHES: Amends the LDC to create two airport noise zones: Airport
Lands Zone. This will consist of property within the airport
boundary. Noise
Sensitive Zone. This will consist of
property between the airport lands boundary and the 60 DNL contour line
identified on the attached Part 150 Map (2020 composite). MANAGEMENT
RECOMMENDATION: Approve
(#20050935-County Attorney) |
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5:05
PM |
Public
Presentation of Matters by Citizens |
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Adjourn |