District #1 Bob
Janes
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District #2 Douglas St. Cerny |
District #3 Ray
Judah
Chairman |
District #4 Andrew W. Coy |
District #5 John E. Albion Vice-Chairman
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Donald D. Stilwell, County Manager |
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James
G. Yaeger, County Attorney |
January 28, 2003 |
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
Dennis Gingerich |
Cape
Christian Fellowship |
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Pledge
of Allegiance |
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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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9:30
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Presentation by David Bennett, Court and
Corrections Planning Consultant regarding ongoing efforts to effectively
manage jail population.
(#20030083-County Administration) |
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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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January
28, 2003
1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Approve the list of Public Official Faithful
Performance Bonds WHY ACTION
IS NECESSARY: To comply with the provisions of F.S. 137.05. WHAT ACTION
ACCOMPLISHES: Assures compliance with above provisions. (#20030056-Risk Management) |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION
REQUESTED: Award Professional Services Agreement for CN-02-32
LEE COUNTY HUMAN SERVICES BUILDING, to Sheeley Architects, Inc., for a total
contract amount of $113,670.00. WHY ACTION
IS NECESSARY: Pursuant to the Lee County Contract Manual,
approved by the Board on September 25, 2001, the Board is required to
approval all Professional Services Agreements over $50,000.00. WHAT ACTION
ACCOMPLISHES: Consultant
will provide programming, schematic design, design development, permitting,
value engineering, construction management negotiations, construction
contract documents, and construction contract administrative support
services. (#20021499-Planning and
Construction) |
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ACTION
REQUESTED: Award Professional Services Agreement for CN-02-16
LAKES REGIONAL PUBLIC LIBRARY, to Barany Schmitt Summers Weaver &
Partners, Inc., for a total contract amount of $621,715.00. WHY ACTION
IS NECESSARY: Pursuant to the Contract Manual, approved by the
Board on September 25, 2001, the Board is required to approve all
Professional Services Agreements. WHAT ACTION
ACCOMPLISHES: The Consultant will provide architectural
programming, architectural design, multi-disciplinary engineering design and
construction management contract administration services for the new Lakes
Regional Public Library.
(#20030044-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 VAC2002-00051 to vacate all the
platted internal public utility and drainage easements in Block 55, Unit 14 a
subdivision of Lehigh Acres; less and except for the public utility
and drainage easement along the North six-feet (6'), South six-feet (6'),
East six-feet (6'), and West six-feet (6') of said Block 55; and adopt a
resolution setting a public hearing for 5:00 p.m. on the 25th day
of February 2003. WHY ACTION IS NECESSARY: To eliminate internal easements in order to allow
for the construction of one or more single family structures spanning lot
lines. The vacation of this
easement will not alter existing drainage or utilities; nor is this easement
necessary to accommodate any future drainage or utility requirements. WHAT ACTION ACCOMPLISHES: Sets the date for Public Hearing. (#20030002-Development Services) |
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5. |
HUMAN SERVICES |
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ACTION
REQUESTED: Approve criteria for the Partnering for Results
Request for Proposal (RFP) process and approve FY 2003-2004 funding amount
not to exceed $2,762,511. Approve a
maximum of $30,000 of the $2,762,511 to be allocated to United Way of Lee
County for Information & Referral services for FY 2003-2004. WHY ACTION
IS NECESSARY: To provide policy direction and establish the
Partnering for Results Request for Proposal process. WHAT ACTION
ACCOMPLISHES: Establishes the RFP guidelines and funding amount
for FY 2003-2004 Partnering for Results and approves a maximum of $30,000 to
be allocated to United Way.
(#20030064-Human Services) |
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6. |
INDEPENDENT |
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ACTION REQUESTED: Authorize the Division of County Lands to make a binding offer to property owner in the amount of $1,000.00, for Parcel 124, Palmetto Extension, Project No. 4073, pursuant to the terms and conditions set forth in the Purchase Agreement; authorize Chairman on behalf of the BOCC to execute Purchase Agreement if offer is accepted by Seller; authorize the Division of County Lands to handle and accept all documentation necessary to complete this transaction and payment of all recording fees. WHY
ACTION IS NECESSARY: The Board must formally authorize the making of a
binding offer to a property owner pursuant to F.S. '73.015 prior to
initiation of condemnation proceedings. WHAT
ACTION ACCOMPLISHES: Makes binding offer to property owner as required
by F.S. §73.015, as amended. (#20021481-County Lands) |
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ACTION REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $3,250.00, for Parcel 146,
Palmetto Extension, Project No. 4073, pursuant to the terms and conditions
set forth in the Purchase Agreement; authorize Chairman on behalf of the BOCC
to execute Purchase Agreement if offer is accepted by Seller; authorize the
Division of County Lands to handle and accept all documentation necessary to
complete this transaction and payment of all recording fees. WHY
ACTION IS NECESSARY: The Board must formally authorize the making of a
binding offer to a property owner pursuant to F.S. '73.015 prior to
initiation of condemnation proceedings. WHAT
ACTION ACCOMPLISHES: Makes binding offer to property owner as required
by F.S. §'73.015, as amended. (#20021482-County Lands) |
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ACTION REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $2,000.00, for Parcel 147,
Palmetto Extension, Project No. 4073, pursuant to the terms and conditions
set forth in the Purchase Agreement; authorize Chairman on behalf of the BOCC
to execute Purchase Agreement if offer is accepted by Seller; authorize the
Division of County Lands to handle and accept all documentation necessary to
complete this transaction and payment of all recording fees. WHY
ACTION IS NECESSARY: The Board must formally authorize the making of a
binding offer to a property owner pursuant to F.S. '73.015 prior to
initiation of condemnation proceedings. WHAT
ACTION ACCOMPLISHES: Makes binding offer to property owner as required by F.S. §73.015, as amended. (#20021484-County Lands) |
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ACTION REQUESTED: Authorize the Division of County Lands to make a binding offer to property owner in the amount of $2,000.00, for Parcel 148, Palmetto Extension, Project No. 4073, pursuant to the terms and conditions set forth in the Purchase Agreement; authorize Chairman on behalf of the BOCC to execute Purchase Agreement if offer is accepted by Seller; authorize the Division of County Lands to handle and accept all documentation necessary to complete this transaction and payment of all recording fees. WHY
ACTION IS NECESSARY: The Board must formally authorize the making of a
binding offer to a property owner pursuant to F.S. '73.015 prior to
initiation of condemnation proceedings. WHAT
ACTION ACCOMPLISHES: Makes binding offer to property owner as required
by F.S. §73.015, as amended.
(#20021485-County Lands) |
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ACTION REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $6,650.00, for Parcel 156,
Palmetto Extension, Project No. 4073, pursuant to the terms and conditions
set forth in the Purchase Agreement; authorize Chairman on behalf of the BOCC
to execute Purchase Agreement if offer is accepted by Seller; authorize the
Division of County Lands to handle and accept all documentation necessary to
complete this transaction and payment of all recording fees. WHY
ACTION IS NECESSARY: The Board must formally authorize the making of a
binding offer to a property owner pursuant to F.S. '73.015 prior to
initiation of condemnation proceedings. WHAT
ACTION ACCOMPLISHES: Makes binding offer to property owner as required
by F.S. §73.015, as amended.
(#20021488-County Lands) |
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ACTION REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $6,650.00, for Parcel 157,
Palmetto Extension, Project No. 4073, pursuant to the terms and conditions
set forth in the Purchase Agreement; authorize Chairman on behalf of the BOCC
to execute Purchase Agreement if offer is accepted by Seller; authorize the
Division of County Lands to handle and accept all documentation necessary to
complete this transaction and payment of all recording fees. WHY
ACTION IS NECESSARY: The Board must formally authorize the making of a
binding offer to a property owner pursuant to F.S. '73.015 prior to
initiation of condemnation proceedings. WHAT
ACTION ACCOMPLISHES: Makes binding offer to property owner as required
by F.S. §'73.015, as amended.
(#20021489-County Lands) |
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ACTION REQUESTED: Authorize the Division of County Lands to make a binding offer to property owner in the amount of $2,500.00, for Parcel 159, Palmetto Extension, Project No. 4073, pursuant to the terms and conditions set forth in the Purchase Agreement; authorize Chairman on behalf of the BOCC to execute Purchase Agreement if offer is accepted by Seller; authorize the Division of County Lands to handle and accept all documentation necessary to complete this transaction and payment of all recording fees. WHY
ACTION IS NECESSARY: The Board must formally authorize the making of a
binding offer to a property owner pursuant to F.S. '73.015 prior to
initiation of condemnation proceedings. WHAT
ACTION ACCOMPLISHES: Makes binding offer to property owner as required
by F.S. §'73.015, as amended.
(20021490-County Lands) |
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ACTION REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $1,900.00, for Parcel 164,
Palmetto Extension, Project No. 4073, pursuant to the terms and conditions
set forth in the Purchase Agreement; authorize Chairman on behalf of the BOCC
to execute Purchase Agreement if offer is accepted by Seller; authorize the
Division of County Lands to handle and accept all documentation necessary to
complete this transaction and payment of all recording fees. WHY
ACTION IS NECESSARY: The Board must formally authorize the making of a
binding offer to a property owner pursuant to F.S. '73.015 prior to
initiation of condemnation proceedings. WHAT
ACTION ACCOMPLISHES: Makes binding offer to property owner as required
by F.S. §'73.015, as amended. (#20021491-County Lands) |
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ACTION REQUESTED: Accept Parcels 114, 134, 142, 151 and159,
perpetual waterline utility easements, which are necessary to provide and
maintain essential municipal service, facilities and improvements in
accordance with the Cottage Point Waterline Municipal Service Benefit Unit;
authorize the Division of County Lands to handle and accept all documentation
necessary; authorize payment of recording fees. WHY ACTION IS NECESSARY: The Cottage Point MSBU project plan requires the
perpetual easements to install the waterline improvements in the existing
roads and roadways. WHAT ACTION ACCOMPLISHES: Approval of the Requested Motion will provide for the acquisition of the property interests by Grant of Perpetual Public Waterline Utility Easement from the benefited property owners. (#20030025-County Lands) |
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ACTION
REQUESTED: Approve award of Quote # Q-030094, Publishing of
the Delinquent Real Estate and Tangible Personal Property Tax Lists, to The
Breeze Corporation, for $.95 per parcel for the Real Estate Tax List, and
$.32 per parcel for the Tangible Personal Property Tax List, based on a
circulation of 6,500 copies. The Tax
Collector estimates about 59,189 parcels for the Real Estate List, and about
7,629 parcels for the Tangible Personal Property List. After careful review, a recommendation is
being made to award the quote to the overall low quoter, The Breeze
Corporation, for a period of two years.
Also request authority to renew this quote for three additional
one-year periods, upon mutual agreement of both parties. For general
information, it is estimated that approximately $59,000.00 will be spent for
the advertising of the year 2002 tax lists. WHY ACTION
IS NECESSARY: Lee County is required by Florida State Statutes
to publish annually notices of delinquent real estate and tangible personal
property taxes. WHAT ACTION
ACCOMPLISHES: Provides Lee County with a competitive, fair
market price for the publishing of the delinquent real estate and tangible
personal property tax lists.
(#20030011-Purchasing) |
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7. |
PUBLIC SAFETY |
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ACTION
REQUESTED: Approve Project # PB030247, the utilization
(piggyback) of the City of Jacksonville, Florida Bid # SC-0492-01, which has
gone through their competitive bidding process, for the purchase of cardiac
monitoring treatment devices from Zoll Medical Corporation, for the Public
Safety-EMS Division. The grand total
for the 26 defibrillators, maintenance, extended warranty and accompanying
accessories is $596,430.39. WHY ACTION
IS NECESSARY: To allow Public Safety-EMS Division to equip all
ambulances and helicopter with uniform devices. WHAT ACTION
ACCOMPLISHES: Allows Public Safety-EMS Division to purchase
cardiac monitoring/treatment devices at a reasonable cost off an existing
quote with the City of Jacksonville.
(#20030035-EMS) |
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ACTION REQUESTED: Authorize Chairman to approve a Certificate of
Public Convenience and Necessity (CON) to the San Carlos Park Fire Protection
and Rescue Service District to conduct advance life support (ALS)
non-transport service, emergency medical service care. WHY ACTION IS NECESSARY: Commission Chairman’s signature is required to
execute CON. WHAT THE ACTION ACCOMPLISHES: Grants the applicant license to provide ALS
service in accordance with State law and provision contained in Lee County
Ordinance 02-19. (#20030047-EMS) |
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ACTION REQUESTED: Authorize the execution of a contract with Metro
Aviation to complete the new EMS helicopter’s interior, avionics, and IFR
single pilot certification, in the amount of $636,777.00. WHY ACTION IS NECESSARY: Expenditures over $50,000 must have Board
approval, according to Section 9.4.1 of the Lee County Purchasing and Payment
Procedure Manual. WHAT ACTION ACCOMPLISHES: Executes the contract for completion of the new
helicopter purchase augmenting the current Lee County EMS air ambulance unit
by the year 2004. (#20030068-EMS) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION
REQUESTED: Approve Supplemental Task Authorization (STA) No.
1 to Environmental Consulting & Technology, Inc. for CN-02-25 COUNTYWIDE
ENVIRONMENTAL CONTRACT (Permitting, Mitigation, Monitoring & Maintenance)
(Contract No. 2243) for Lost Lane Stormwater Improvement Project in the amount
of $87,000.00. WHY ACTION
IS NECESSARY: Pursuant to the Lee County Contract Manual,
approved by the Board on September 25, 2001, the Board is required to approve
all Supplemental Task Authorizations in excess of $50,000.00 to Professional
Services Agreements. WHAT ACTION
ACCOMPLISHES: The Consultant will provide (1) Environmental
Impact Surveys and Assessments; (2) Design Mitigation and/or Wetland Systems
or Activities; (3) Obtain Appropriate Permits; (4) Hydrological Studies and
Restoration Plans; and (5) Other Related Environmental Task as needed. (#20030043-Natural Resources) |
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9. |
TRANSPORTATION |
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10. |
UTILITIES
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ACTION
REQUESTED: Approve final acceptance, by Resolution, as a
donation for one 4” diameter potable water service, one 10” diameter fire
line and two sanitary sewer services serving Central Park (aka Cypress
Lake Center, PH II).
This is a developer-contributed asset project located on the west side
of Vector Avenue approximately 675’ west of South Tamiami Trail. WHY ACTION
IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to the recently constructed commercial complex. WHAT ACTION
ACCOMPLISHES: Places the water and sewer services into operation
and complies with the Lee County Utilities Operations Manual. (#20030021-Utilities) |
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ACTION REQUESTED: Approve final acceptance, by Resolution as a
donation for one 6’’ diameter fire line serving Polygard (aka Billy Creek Commerce Center, Lots 159 & 160). This is a Developer contributed asset project
located on the west side of Zip Drive approximately 400’ south of Sutton
Ridge Drive. WHY ACTION IS NECESSARY: To provide fire protection the recently
constructed industrial building. WHAT ACTION ACCOMPLISHES: Places the fire line into operation and complies
with the Lee County Utilities Operations Manual. (#20030023-Utilities) |
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ACTION REQUESTED: Approve final acceptance, by Resolution, and
recording of one utility easement as a donation for one 4” diameter fire line
and two fire hydrants serving Snyderman
Shoes. This is a Developer
contributed asset project located on the north side of Trailwinds Drive just
east of South Cleveland Avenue. WHY ACTION IS NECESSARY: To provide fire protection to the recently
constructed retail store. WHAT ACTION ACCOMPLISHES: Places the fire line and fire hydrants into
operation and complies with the Lee County Utilities Operations Manual. (#20030036-Utilities) |
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11. |
PARKS AND RECREATION |
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ACTION
REQUESTED:
Approve “Working Agreement” with the U.S. Department
of Agriculture, Natural Resources Conservation Service for the services of a
County employee Program Manager and approve Budget Amendment for an amount
not-to-exceed $63,611.00. WHY ACTION
IS NECESSARY: To provide funds for the Program Manager position
in the Lee Soil and Water Conservation Program. WHAT ACTION
ACCOMPLISHES: Assists in bringing about conservation,
development and wise use of land, water and related resources in Lee
County. (#20030014-Parks &
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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ACTION REQUESTED: Approve disbursements. WHY ACTION IS NECESSARY: Florida Statute Chapter 136.06(1) requires that all County disbursements be recorded in the Minutes of the Board. WHAT ACTION ACCOMPLISHES: Compliance with the requirements of FS
136.06(1). (#20030055-Clerk of
Courts) |
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ACTION REQUESTED: Present for information
purposes. WHY ACTION IS NECESSARY: To provide interim reporting on selected funds and revenues of the Lee County Board of County Commissioners. Also included, in compliance with Florida Statute 218.415, Local Government Investment Policies, is the stated and fair market value of the investments managed by the Clerk’s Office. WHAT ACTION ACCOMPLISHES: The purpose of this report is to convey to you the
financial status of selected significant funds of the Lee County Board of
County Commissioners and the status of specific revenues as of the stated
dates and the market value of the investments managed by the Clerk’s Office
on behalf of the Board.
(#20030058-Clerk of Courts) |
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January
28, 2003
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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9. |
TRANSPORTATION |
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ACTION
REQUESTED: Authorize staff to work with Congressman Goss’s
office to request an extension of Section 214 in the new federal Water
Resources Development Act (which allows non-federal agencies to contribute
funds to pay the cost of increasing the U.S. Army Corps of Engineers regulatory
staff), and authorize the County expenditure of funds for this option if
extended. WHY ACTION
IS NECESSARY: Board approval necessary for pursuing a
Congressional member request and for expenditures of funds over $50,000. WHAT ACTION
ACCOMPLISHES: Allows staff to pursue a member request through
Congressman Goss’s office to the House Subcommittee on Water Resources, for
an option that could be beneficial for the numerous County and state road
projects moving through the permitting process. (#20030024-Transportation) |
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ACTION
REQUESTED: Adopt a Resolution approving certain amendments to
the Lee County Administrative Code, specifically Administrative Code 11-2, Procedure to Establish Criteria for Providing
Illumination of Intersections, to reflect current Board direction regarding
the installation of street lighting on roadways maintained by Lee County or
by the Florida Department of Transportation. WHY ACTION
IS NECESSARY: Lee County Ordinance No. 97-23 allows and provides
for amendments to the Lee County Administrative Code to be made by Resolution
of the Board of County Commissioners at a regularly scheduled board meeting. WHAT ACTION
ACCOMPLISHES: Amends the Administrative Code 11-2 to reflect
current Board direction to install roadway lighting on arterial roadways in
the urban areas of the County.
(#20030022-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: Adopt by Resolution an amendment to Lee County
Administrative Codes 13-6 and 13-7, pertaining to public participation and
procedures relating to Comprehensive Plan Amendments to reflect statutory
changes to Florida Statutes, Chapter 163. WHY
ACTION IS NECESSARY: Conforms Lee County Administrative Code to the
Statutory requirements pertaining to compiling information on public
participants in the Comprehensive Planning process. WHAT
ACTION ACCOMPLISHES: Requires County to provide a sign up sheet for
members of the public who desire advance notice of the publication of DCA’s
Notice of Intent. (#20030049-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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JANUARY 28, 2003
5:00
PM |
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Public
Hearing |
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ACTION
REQUESTED: Adopt a Resolution designating Veterans Parkway
and a portion of the Midpoint Memorial Bridge Corridor as a limited access
facility and establishing connection points. WHY ACTION
IS NECESSARY: The designation as a limited access facility will
preserve the capacity of the road and enhance future safety. WHAT ACTION
ACCOMPLISHES: Establishes the connection points on Veterans
Pkwy. Corridor from the Caloosahatchee River to Pine Island Road (SR
78). (#20030082-Transportation) |
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Public
Hearing |
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ACTION
REQUESTED: Conduct a Public Hearing to consider approval of
Resolution of Intent electing to use the Uniform Method of Collecting Non-Ad
Valorem Special Assessments levied in the Unincorporated Area of Lee County. WHY ACTION
IS NECESSARY: Florida Statute 197.3635 requires the Board to
approve a Resolution of Intent prior to January 1, for the option to use the
Uniform Method of Collection for Non-Ad Valorem Special Assessments on the
following November tax bill. WHAT ACTION
ACCOMPLISHES: Allows staff to proceed with the Florida Statute
requirements for the option to utilize the Uniform Method of Collection for
Non-Ad Valorem Special Assessments.
(#20021332-MSTBU Services) |
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Public
Hearing |
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ACTION
REQUESTED: Consider creation of the Bal Isle Sewer MSBU. Approve Resolution of Intent to reimburse
and associated Budget Amendment Resolution.
Funds will be made available from reserves MSTBU restricted fund
transfer. (10400) WHY ACTION
IS NECESSARY: BOCC must approve the creation of Special
Assessment Units. WHAT THE
ACTION ACCOMPLISHES: Allows staff to proceed with project. (#20030003-MSTBU Services) |
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Public
Hearing |
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ACTION REQUESTED: Conduct a public hearing and consider the adoption and execution of the Interlocal Agreement between Lee County and the City of Fort Myers regarding the City’s annexation of the unincorporated enclaves commonly known as “Dunbar” and “Belle Vue”. WHY ACTION IS NECESSARY: The adoption of the Interlocal Agreement between
the City of Fort Myers and the County for the transition of services to the
annexed areas is a condition precedent to the March 4, 2003 referendum for
the annexation pursuant to the Special Act for the annexation, Chapter
98-488, as amended. WHAT ACTION ACCOMPLISHES: The adoption of the Interlocal Agreement allows
the process to go forward to referendum on March 4, 2003, for the electorate
in the enclaves to decide on annexation.
(#20021356-County Attorney) |
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5:05
PM |
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Public
Hearing |
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ACTION REQUESTED: Conduct second public hearing on proposed
amendments to the Land Development Code (LDC) pertaining to the Fire and EMS
Impact Fee Update, then adopt the proposed amendments. WHY ACTION IS NECESSARY: Public hearings are required under Florida Law. WHAT ACTION ACCOMPLISHES: Allows for discussion and public input on proposed
amendments. (#20030073-County
Attorney) |
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5:05
PM |
Public
Presentation of Matters by Citizens |
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Adjourn |
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