District #1 Bob
Janes |
District #2 Douglas St. Cerny Chairman |
District #3 Ray
Judah
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District #4 Tammy Hall Vice Chair |
District #5 John E. Albion |
Donald D. Stilwell, County Manager |
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David
M. Owen County Attorney |
March 22, 2005 |
Please fill out a “Request to Comment” card if you plan to address the Board and return it to the Clerk at the left of the podium prior to the start of the meeting.
All back up for this agenda is available in the Public Resources Office, 1st Floor, Administration Building
Additional information is available on the Internet at http://www.lee-county.com
PLEASE NOTE: The Board may take action in its capacity as the Port Authority or Government Leasing Corporation.
COMMISSION CHAMBERS, 2120 MAIN STREET, FORT MYERS, FLORIDA
9:30
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Invocation: |
Pastor
Ralph Rivers |
Good
Shepherd United Methodist Church |
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Pledge
of Allegiance |
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Presentations: |
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(Commissioner
Judah-#20050336) |
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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
Manager Items |
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County
Attorney Items |
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Adjourn
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March
22, 2005
1. |
COUNTY ADMINISTRATION |
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ACTION REQUESTED/PURPOSE: Request BOCC to accept the FY 03-04 Indirect Cost
Plan and Indirect Federal Circular A-87 Cost Plan and Impact Fee
Administration Cost Report. Request
BOCC to approve indirect costs and authorize Finance to process the Indirect
Cost payments in the amount of $8,575,394. WHAT ACTION ACCOMPLISHES: Approve the cost reports to provide for payments
to the General Fund. Approved the Indirect Cost Plan and the amounts of
reimbursement to the General Fund. MANAGEMENT
RECOMMENDATION: Approve. (#20050296-Budget Services) |
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ACTION
REQUESTED/PURPOSE: Present to the Board for information and filing
the Object Code #504015 Expenditure Detail Report for the first quarter of
FY04-05 (October through December 2004) as required by Lee County Ordinance
#90-18. WHAT ACTION ACCOMPLISHES: Allows Board to
monitor expenditures being made by County Departments and Divisions to this
object code. MANAGEMENT RECOMMENDATION: Approve. (#20050345-County Manager) |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION
REQUESTED/PURPOSE: Award the Construction Management Addendum under
RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANGEMENT, for the
project known as Cape Coral Library – Re-Roofing Old Wing with a Guaranteed
Maximum Price (GMP) of $255,987.00 (includes CM fee of $21,277.00) due to
damage from Hurricane Charley, to Target Builders, Inc. 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 210 calendar days; final completion in 240
calendar days. WHAT ACTION
ACCOMPLISHES: Provides the County with Contractor for re-roofing
of the old wing of the Cape Coral library.
MANAGEMENT RECOMMENDATION: Approve. (#20050322-Facilities
Management) |
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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: Adopt a Resolution of Exchange relating to
property located at 11092 Wagon Trail in Bonita Springs; authorize Chairman
to execute all documents necessary to effectuate the exchange; authorize the
Division of County Lands to handle and accept all documentation to complete
this transaction, and approve payment for costs to close. WHAT ACTION
ACCOMPLISHES: Exchange of County property must be approved by
the Board of County Commissioners, pursuant to Florida Statute. Approves the exchange of property between
Lee County, and Pedro and Norma Montemayor, husband and wife. MANAGEMENT
RECOMMENDATION: Approve. (#20050216-County Lands) |
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ACTION
REQUESTED/PURPOSE: Approve inter-local agreements between Lee County
and the Lee County Tax Collector, and Lee County and the Lee County Property
Appraiser for the preparation and submission of the Lee County NE Hurricane
Bay Dredging MSBU, University Overlay Landscape Capital MSBU, Charlee Road
MSBU, Palm Frond Sewer MSBU, Harbor Road MSBU, Western Acres MSBU, and
Gasparilla Beach Re-nourishment MSBU Non-Ad Valorem Assessment Rolls and
their related Uniform Collection and Enforcement pursuant to F.S. 197.3632. WHAT ACTION
ACCOMPLISHES: This establishes separate agreements between the
BOCC and the LC Tax Collector and LC Property Appraiser for the preparation
and submission of certain Lee County Municipal Service Benefit Units to the
Non-Ad Valorem assessment rolls. MANAGEMENT
RECOMMENDATION: Approve. (#20050253-MSTBU Services) |
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ACTION
REQUESTED/PURPOSE: Approve the award of formal quotation Q-050101,
for the purchase of container lubricants to the lowest vendor meeting specification
requirements, Evans Oil, as the primary and Palmdale Oil, as the secondary
for the prices as listed on the attached tabulation sheet. Estimated annual expenditure:
approximately $50,000. Also request
authority to renew this quotation for four additional one-year periods, under
the same terms and conditions, if in the best interest of the County at the
expiration of the original term. WHAT ACTION
ACCOMPLISHES: Purchases over $50,000 must be board
approved. Allows Fleet Management and
Lee Tran to continue to buy container lubricants for County equipment. Estimated savings to taxpayers
approximately $50,000 annually. MANAGEMENT
RECOMMENDATION: Approve. (#20050259-Fleet Management) |
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ACTION
REQUESTED/PURPOSE: Approve Purchase Agreement for acquisition of
Parcel 237, Three Oaks Parkway South Extension Project No. 4043, in the
amount of $76,400; 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 must accept all real estate conveyances
to Lee County. The Board avoids
Eminent Domain. MANAGEMENT
RECOMMENDATION: Approve. (#20050287-County Lands) |
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ACTION REQUESTED/PURPOSE: Accept seven Quit-Claim Deeds for right-of-way
necessary for the Dewberry Lane Special Improvement MSBU for maintenance of
existing roads and streetlights; authorize the Division of County Lands to
handle and accept all documentation necessary; authorize payment of recording
fees. WHAT ACTION ACCOMPLISHES: Dewberry Lane is currently a privately owned road
and the County cannot initiate maintenance without obtaining ownership. Acquisition of right-of-way via Quit-Claim
Deeds from benefited property owners. MANAGEMENT
RECOMMENDATION: Approve. (#20050290-County Lands) |
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ACTION REQUESTED/PURPOSE: Request Board approve Interlocal Agreement in the
amount of $332,846 with the Town of Ft. Myers Beach for enhanced seasonal
trolley service and trolley luggage racks funded 100% by the Town of Ft.
Myers Beach. Also request Board
approve Budget Amendment Resolution in the amount of $89,886, for additional
revenue from Ft. Myers Beach and and expense for the trolley service. WHAT ACTION ACCOMPLISHES: Provides enhanced seasonal trolley service on Ft.
Myers Beach and increases the budget to receive the additional revenue from
Ft. Myers Beach and the additional expense for the service. MANAGEMENT RECOMMENDATION: Approve
(#20050335-Lee Tran) |
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7. |
PUBLIC SAFETY |
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ACTION
REQUESTED/PURPOSE: Approve Project # PB050293, the utilization
(piggyback) of Hendry County E.M.S. bid # 2005-7, for the purchase of cardiac
monitoring treatment devices from Zoll Medical Corporation, for the Public
Safety/E.M.S. Division. The grand
total for the 3 defibrillators, ancillary equipment and warranty is
$58,674.00. The additional devices are needed to restock EMS back-up
equipment since opening four stations in the past six months. WHAT ACTION
ACCOMPLISHES: Allows Public Safety/E.M.S. Division to acquire
cardiac monitoring/treatment devices at a reasonable cost off an existing
quote with Hendry County E.M.S. MANAGEMENT
RECOMMENDATION: Approve
(#20050317-EMS) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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9. |
TRANSPORTATION |
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ACTION REQUESTED/PURPOSE: Approve constructing turn lanes at Burnt Store
Road and Embers in the amount of $250,000.00 funded by Cape Coral/Midpoint
Surplus Toll Revenues. Amend FY05-09
Capital Improvement program and approve transfer from reserves in the amount
of $250,000 in the transportation capital improvement surplus Cape Coral Fund
#30721. WHAT ACTION ACCOMPLISHES: Allows County to proceed with constructing turn
lanes at this intersection. MANAGEMENT
RECOMMENDATION: Approve
(#20050298-Transportation) |
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ACTION
REQUESTED/PURPOSE: Request Board authorize Chairman to sign the
attached letter agreeing to reimburse Florida Power & Light (FPL) for
their costs associated with design of the relocation of FPL facilities
necessary due to the proposed widening of Summerlin Road between Cypress Lake
& Boy Scout within FPL right of way to a maximum of $150,000.00. WHAT ACTION
ACCOMPLISHES: Board of County Commissioners must approve all
agreements. Authorizes FPL to begin
design for modification of existing FPL facilities in their right of way east
of and adjacent to Summerlin Road (CIP # 6007). MANAGEMENT
RECOMMENDATION: Approve
(#20050272-Transportation) |
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ACTION
REQUESTED/PURPOSE: Award B-05-10 NEIGHBORHOOD DISTRICT SIDEWALKS AND
STORM WATER DRAINAGE, for the Department of Transportation, to the lowest
responsive, responsible bidder meeting all bidding requirements, Gulf Paving,
Inc., for a total not-to-exceed amount of $285,690.00, with a project
completion time of 180 days. This
project was anticipated and funds are within the project budget. WHAT ACTION
ACCOMPLISHES: Board approval required. Provides Lee County with Contractor to perform for the
Department of Human Services- Community Improvements, the construction of
various sidewalks throughout Lee County and for the construction of storm
water drainage throughout Lee County. MANAGEMENT
RECOMMENDATION: Approve
(#20050279-Transportation) |
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ACTION REQUESTED/PURPOSE: Accept $190,901.48 from Burn LLC/Econ,
Inc./Malnersen Development for the construction of turn lanes on Burnt Store
Road and Ceitus Parkway. Also
increase this project (204095) to $425,000.00 and amend the FY-05-09 Capital
Improvement Program and approve transfer from transportation reserves in the
amount of $123,107 and approve Budget Amendment in the amount of $190,901. WHAT ACTION ACCOMPLISHES: Allows County to proceed with constructing turn
lanes at this intersection. MANAGEMENT
RECOMMENDATION: Approve
(#20050299-Transportation) |
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ACTION REQUESTED/PURPOSE: Approve Amendment to County Incentive Grant
Program Agreement with FDOT to change the project limits from Three Oaks Ext.
North. of Alico to Daniels Pkwy. (4053) to Three Oaks Widening from Corkscrew
Rd. to Alico Rd. (4081), and approve authorizing resolution for Chairman to execute
agreements. Also, approve budget transfer and amend FY04/05 –08/09 Capital
Improvement Program. WHAT ACTION ACCOMPLISHES: Allows FDOT to shift our funding to more immediate
projects. MANAGEMENT
RECOMMENDATION: Approve
(#20050301-Transportation) |
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ACTION REQUESTED/PURPOSE: Authorize execution of Interlocal Agreement
between Lee County and the City of Cape Coral to participate in the cost of a
Comprehensive Traffic Study in Downtown CRA area. WHAT ACTION ACCOMPLISHES: Board approval is required to share in the cost of
the study. Consolidates the County’s
planned traffic study, and analysis efforts with the City’s overall
Comprehensive Traffic Study to yield a coordinated effort, increased
efficiency, and allocation of resources. MANAGEMENT
RECOMMENDATION: Approve
(#20050309-Transportation) |
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10. |
UTILITIES |
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ACTION REQUESTED/PURPOSE: 1) Approve addition of a new Engineering Tech I
position for the Lee County Utilities (LCU) Engineering Program; 2) approve
Operating Budget increase; and, 3) approve Transfer of Funds from the Reserve
for Contingency. WHAT ACTION ACCOMPLISHES: Provides an additional staff member to allow for
the assistance with the review of new projects submitted to the County for
Development Review and approval. MANAGEMENT RECOMMENDATION: Lee County Utilities requests that the County
Manager’s office recommend approval of this item. (#20050300-Utilities) |
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11. |
PARKS AND RECREATION |
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12. |
COUNTY ATTORNEY |
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13. |
HEARING EXAMINER |
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14. |
PORT AUTHORITY |
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15. |
CONSTITUTIONAL OFFICERS |
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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 (#20050342-Clerk of Courts) |
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ACTION REQUESTED/PURPOSE: Approve payment for delinquent tax overbid
money-Estate of Griffin. WHAT ACTION ACCOMPLISHES: Pursuant
to Florida Statute 197. Lee County is
to hold unclaimed overbid funds from Delinquent Tax sales for a period of two
years on behalf of the original land owner.
The Clerk has received a
verified claim of these funds and requests that you release them to the
claimant. MANAGEMENT
RECOMMENDATION: Approve
(#20050343-Clerk of Courts) |
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ACTION REQUESTED/PURPOSE: Approve payment for delinquent tax overbid
money-Prime Intercoastal Group WHAT ACTION ACCOMPLISHES: Pursuant
to Florida Statute 197. Lee County is
to hold unclaimed overbid funds from Delinquent Tax sales for a period of two
years on behalf of the original land owner.
The Clerk has received a
verified claim of these funds and requests that you release them to the
claimant. MANAGEMENT RECOMMENDATION: Approve
(#20050344-Clerk of Courts) |
March
22, 2005
1. |
COUNTY ADMINISTRATION |
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2. |
CONSTRUCTION AND DESIGN |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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ACTION
REQUESTED/PURPOSE: Initiate, in the current round of Lee Plan
amendments, a Board of County Commissioner sponsored future land use map
amendment to reevaluate the future land use designations of the Interstate 75
and State Road 80 interchange quadrants. WHAT ACTION ACCOMPLISHES: Allows staff to reevaluate the future land use
designations of the interchange during the current Lee Plan amendment cycle. MANAGEMENT
RECOMMENDATION: Planning staff
recommends initiating the amendment.
(#20050323-Planning) |
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ACTION
REQUESTED/PURPOSE: Direct staff to not accept or process any
amendments to the Density Reduction/Groundwater Resource future land use
category until the Groundwater & Mining Study is finalized. WHAT ACTION
ACCOMPLISHES: Prevents any amendments to the Density
Reduction/Groundwater Resource future land use category until the Groundwater
& Mining Study is finalized. MANAGEMENT
RECOMMENDATION: Approve. (#20050325-Planning) |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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ACTION REQUESTED/PURPOSE: Authorize the establishment of an additional full
time position in Public Resources to be funded by fee supported MSTBU Fund #
104, to provide adequate customer service for the MSTBU program. WHAT ACTION ACCOMPLISHES: Provides the staffing level required to work with
the Unincorporated areas of the County to create and manage MSTBU projects. MANAGEMENT RECOMMENDATION: Approve
(#20050306-MSTBU Services) |
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ACTION
REQUESTED/PURPOSE: Approve the purchase of a +/- 2.55-acre
parcel located adjacent to the Greenbriar Swamp Preserve in Section 5,
Township 44 South, Range 27 East, for the Conservation 20/20 Land Acquisition
Program, Project No. 8800, in the amount of $7,409.92; authorize the Division
of County Lands to handle and accept all documentation necessary to complete
the transaction. WHAT ACTION
ACCOMPLISHES: Purchases environmentally sensitive land as set forth
in Ordinance 96-12 for the Conservation 20/20 Program. MANAGEMENT RECOMMENDATION: Approve
(#20050321-County Lands) |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION
REQUESTED/PURPOSE: Approve award of RFP-05-01 Solid Waste and Recycling
Collection Services, for the Solid Waste Division as follows: Area 1 (Ft Myers Beach/Bonita) to Onyx
Waste Services for an estimated annual amount of $6,260,052.00; Area 2
(McGregor Area SW Ft Myers) to Onyx Waste Services for an estimated annual
amount of $5,914,248.00; Area 3 (SE Ft Myers) to Waste Services of Florida
for an estimated annual amount of $6,258,236.25; Area 4 (Lehigh Acres/Alva)
to Waste Management for an estimated annual amount of $4,643,661.00 and Area
5 (N Ft Myers/Pine Island) to Waste Pro of Florida for an estimated annual
amount of $5,503,662.00, for a contract period of five (5) years with the
option of renewal for an additional one or two years with conditions and
pricing that are in effect at the time of such terms extension. WHAT ACTION
ACCOMPLISHES: Provides Lee County with four (4) hauling
Contractors that will furnish competitive contract services for the
collection and delivery of residential, commercial solid wastes and recycling
materials. MANAGEMENT RECOMMENDATION: Approve
(#20050333-Solid Waste) |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED/PURPOSE: Approve Bid Waiver # W-050256 to waive the formal
quotation procedure and allow DOT/Operations to purchase one new trailer
mounted under-bridge aerial access platform from Hydra Platforms
Manufacturing, Inc.; the only company that builds a platform of this type
that is both trailer mounted and has a 32’ reach. Grand total cost: $118,000. WHAT ACTION
ACCOMPLISHES: Expenditures exceeding $50,000 require Board
approval. Provides DOT with a means
to repair and maintain bridges by working underneath them. MANAGEMENT RECOMMENDATION: Approve
(#20050254-Transportation) |
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ACTION
REQUESTED/PURPOSE: Approve a request from the Cape Coral Chamber of
Commerce and authorize the Chairman to execute the agreement on behalf of the
BOCC. Approve the closing of the Cape
Coral Bridge on July 4, 2005 from Noon until 3:00 a.m. on July 5, 2005 to
accommodate the Chamber’s Red, White and Boom Celebration. WHAT ACTION
ACCOMPLISHES: Allows the Chamber to proceed with the planning of
their 4th of July Celebration. MANAGEMENT RECOMMENDATION: Approve
(#20050308-Transportation) |
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10. |
UTILITIES |
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ACTION REQUESTED/PURPOSE: Authorize the Chairman, on behalf of
the BOCC, to sign a State Revolving Fund (SRF) loan application, and the
attendant Resolution designating an authorized person, for a construction
loan for the North Lee County Water Treatment Plant. This is required for the submittal of the
loan application. WHAT ACTION ACCOMPLISHES: This action initiates the process to secure a low interest loan, currently 2.7%, to fund the construction of the North Lee County Water Treatment Plant (Project). MANAGEMENT RECOMMENDATION: Approve (#20050269-Utilities) |
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11. |
PARKS AND RECREATION |
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12. |
COUNTY ATTORNEY |
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13. |
HEARING EXAMINER |
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14. |
PORT AUTHORITY |
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15. |
CONSTITUTIONAL OFFICERS |
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Walk On |
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Walk On | |
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Walk On | |
ACTION REQUESTED/PURPOSE:
WHAT ACTION ACCOMPLISHES: Approve (#20050396-Solid Waste)
REASON FOR WALK ON: |
5:00
PM |
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Public
Hearing
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ACTION
REQUESTED/PURPOSE: Conduct a Public Hearing to adopt a Resolution on
Petition to Vacate three (3) 12-foot wide Drainage and Public Utility
Easements at 11360, 11340, 11320 and 11300 Lindbergh Blvd., Fort Myers,
Florida, located off of Rickenbacker Parkway and Daniels Road. (Case No. VAC2004-00076) To build a commercial building on the
combined four (4) lots. The vacation of this easement will not
alter existing drainage and utility conditions and the easement is not
necessary to accommodate any future drainage and utility requirements. WHAT ACTION
ACCOMPLISHES: Vacates the Drainage and Public Utility Easement. MANAGEMENT
RECOMMENDATION: Approve. (S24-T45S-R25E)
(#5) (#20050184-Development
Services) |
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Public Hearing |
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ACTION
REQUESTED/PURPOSE: Conduct a Public Hearing to adopt a Resolution on
Petition to Vacate a 12-foot wide existing platted Drainage and Public
Utility Easement situated at 9911 Bavaria Rd., Fort Myers, Florida, located
off of Treeline Ave. (Case No.
VAC2004-00061) To construct an
industrial building on the combined Lots 7 and 8. The vacation of this
easement will not alter existing drainage and utility conditions and the
easement is not necessary to accommodate any future drainage and utility
requirements. WHAT ACTION
ACCOMPLISHES: Vacates the Drainage and Public Utility Easement. MANAGEMENT
RECOMMENDATION: Approve. (S15-T45S-R25E) (#5) (#20050240-Development Services) |
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Public Hearing |
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ACTION
REQUESTED/PURPOSE: Conduct a Public Hearing to adopt a Resolution on
Petition to Vacate a portion of 200 feet wide County Road Right-of-Way known
as Meeting Street located west of Lemon Street and east of Date Street, in
between adjoining properties at 2421 and 2481 Lemon St., St. James City,
Florida (Case No. VAC2004-00072) Vacation of the public interest for this
un-constructed road will allow assembly of a larger lot. The
vacation of this right-of-way will not alter traffic and drainage conditions
and the right-of-way are not necessary to accommodate any future traffic and
drainage requirement. WHAT ACTION
ACCOMPLISHES: Vacates the Right-of-Way MANAGEMENT
RECOMMENDATION: Approve. (S2-T46S-R22E)
(#1) (#20050239-Development
Services) |
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Public Hearing |
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ACTION
REQUESTED/PURPOSE: Conduct a Public Hearing to adopt a Resolution on
Petition to Vacate a 12-foot wide Public Utility Easement located at 534
& 538 Meadow Rd., Lehigh Acres, Florida.
(Case No. VAC2004-00067) To
build a commercial building on the combined lots. The vacation of this
easement will not alter existing utility conditions and the easement is not
necessary to accommodate any future utility requirements. WHAT ACTION
ACCOMPLISHES: Vacates the Public Utility Easement. MANAGEMENT
RECOMMENDATION: Approve. (S5-T45S-R26E) (#5) (#20050238-Development Services) |
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Public Hearing |
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ACTION
REQUESTED/PURPOSE: Conduct a Public Hearing to adopt a Resolution on
Petition to Vacate a portion of the County Road Right-of-Way for Cranes’
Landing project, located south of Del Prado Blvd. N. and Mellow Drive in
North Fort Myers (Case No. VAC2004-00077). WHAT ACTION
ACCOMPLISHES: Provides land for
residential development. The roadway is not
constructed, and the roadway is no longer required due to modifications in
the plan of development. The vacation of this right-of-way will
not alter existing traffic or drainage conditions and the right-of-way is not
necessary to accommodate any future traffic or drainage requirement. MANAGEMENT
RECOMMENDATION: Approve. (S22 & 23-T43S-R24E)
(#4) (#20050303-Development
Services) |
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Public Hearing |
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ACTION REQUESTED/PURPOSE: Conduct a Public Hearing and consider the adoption
of an Ordinance to be known and cited as the “Lee County Water Conservation”
Ordinance. WHAT ACTION ACCOMPLISHES: Sets the Lee County Water Conservation Ordinance
for public hearing and adoption. MANAGEMENT RECOMMENDATION: Approve. (#20050270-County
Attorney) PUBLIC HEARING HAS BEEN
CANCELED |
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Public Hearing |
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ACTION REQUESTED/PURPOSE: Conduct Public Hearing and adopt a Resolution
approving Petition from Gasparilla Island Water Association, Inc. (GIWA) to
adjust its water and sewer rates. As
the franchising authority for this not-for-profit utility, Board approval is
required for the approval of any modifications to its rates. WHAT ACTION ACCOMPLISHES: Provides required Board approval for GIWA to
modify its water and sewer rates.
MANAGEMENT RECOMMENDATION: Approve. (#20050196-Utilities) |
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5:05 PM |
Public Presentation of Matters by Citizens |
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Adjourn |
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