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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 |
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March 25, 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
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9:30
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Invocation: |
Brother
George Henderson |
First
Baptist Church of Alva |
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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
Manager Items |
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County
Attorney Items |
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Adjourn
until 5:00 PM |
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March
25, 2003
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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: APPROVE the extension of the vacated Zoning Master
Concept Plan for Westgate Regional Centre Commercial Plaza for a period not
to exceed two (2) years from the date of extension. WHY ACTION IS NECESSARY: To allow for the extension of the duration of
rights for the approved Commercial Planned Development. WHAT ACTION ACCOMPLISHES: To allow the original zoning approval of the
Commercial Planned Development to be extended for a maximum period of two (2)
years pursuant to Land Development Code Section 34-381. (#20030028-Zoning) |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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ACTION REQUESTED: Adopt a Resolution amending Lee County
Administrative Code 4-2, entitled “Bid Protest Hearing Guide”. WHY ACTION IS NECESSARY: Amends AC 4-2, the Lee County Purchasing Manual
(Section 14) and Lee County Contract Manual (Section 12) to comply with
FTA-funded procurements. WHAT ACTION ACCOMPLISHES: Revises Lee Trans procurement procedures in
conformity with FTA requirements by eliminating the need for a protest bond
for FTA-funded procurements.
(#20030254-Transit) |
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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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ACTION
REQUESTED: Consider the project list recommended by
Bicycle/Pedestrian Advisory Committee for CIP 206002, Bicycle/Pedestrian
Facilities, FY 02/03 & FY 03/04. WHY ACTION
IS NECESSARY: Authorizes staff to design and bid the projects. WHAT ACTION
ACCOMPLISHES: Continues development of a bikeway and walkway
system for Lee County.
(#20030285-Transportation) |
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ACTION
REQUESTED: Approve emergency E-03-01 EMERGENCY REPAIRS FOR
SPAN B & C ON SANIBEL CAUSEWAY, to various vendors, for a total amount of
$536,438.13. Also, approve a budget
amendment resolution in Transportation Facilities Fund, Renewal and
Replacement account in the amount of $700,000.00. WHY ACTION
IS NECESSARY: In accordance with the Lee County Contract Manual
approved by the Board on September 25, 2001, the Board is required to approve
all emergencies over $50,000.00. WHAT ACTION
ACCOMPLISHES: Provides for the emergency repairs for the Sanibel
Causeway. (#20030302-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: Approve a Resolution to amend Lee County
Administrative Code 12-6 defining categories of Contractor Certificates of
Competency available through application to the Construction Licensing Board. WHY ACTION IS NECESSARY: To conform code with current construction industry
practices. WHAT ACTION ACCOMPLISHES: Repeals and replaces Administrative Code 12-6 as
amended through September 15, 1998.
(#20030154-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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CONVENE AS THE LEE COUNTY GOVERNMENTAL LEASING CORPORATION
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ACTION REQUESTED: Request that the Lee County Governmental Leasing Corporation authorize the President to execute (sign) tax returns for the year ended September 30, 2002. No funds are required. WHY ACTION IS NECESSARY: Federal and state laws require that corporations file income tax and intangible tax returns. WHAT ACTION ACCOMPLISHES: Signing the tax returns and filing them with the
respective authorities will serve as compliance with federal and state
laws. (#20030295-Clerk of Courts) |
RECONVENE AS BOARD OF COUNTY COMMISSIONERS
March
25, 2003
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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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ACTION
REQUESTED: Adopt a resolution requesting the Florida
Legislature maintain state funding for juvenile day treatment facilities. WHY ACTION
IS NECESSARY: The Governor and the Florida Legislature are
recommending funding cuts for juvenile day treatment programs for the
2003-2004 funding cycle. WHAT ACTION
ACCOMPLISHES: Requests the Florida Legislature maintain the
current levels of funding for juvenile day treatment programs. (#20030323-County Commission) |
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4. |
COMMUNITY DEVELOPMENT |
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ACTION
REQUESTED: Accept a Petition VAC2003-00002 to Vacate a
12-foot wide Drainage and/or Public Utility Easement common to Lots 5 &
6, Block 77, Unit 14, a subdivision of Lehigh Acres, in Lehigh Acres,
Florida. Adopt a Resolution setting a
Public Hearing for 5:00 p.m. on the 22nd day of April 2003. WHY ACTION
IS NECESSARY: To build a single-family residence on the combined
lots. The vacation of this Drainage
and/or Public Utility Easement will not alter existing drainage and utility
conditions and the easement is not necessary for future drainage and utility
requirements. WHAT ACTION
ACCOMPLISHES: Setting the time and date of the Public
Hearing. (#20030243-Development
Services) |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Authorize Public Library Construction Grant
application to Florida Department of State, Division of Library and
Information Services, for Northwest Regional Library. WHY ACTION
IS NECESSARY: Chairman of the Lee County BOCC must sign the
grant application. WHAT ACTION
ACCOMPLISHES: Allows Lee County Library System to apply for
$500,000 grant for construction of the NW Regional Library. (#20030320-Library) |
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7. |
PUBLIC SAFETY |
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ACTION
REQUESTED: Adopt a resolution to approve changing the street
name on a platted street as recorded Brandy Cir recorded in Plat Book 30,
Page 33. WHY ACTION
IS NECESSARY: To be in compliance with Ordinance #88-13. WHAT ACTION
ACCOMPLISHES: This will change the address for all residents and
avoid delay in emergency service delivery.
(#20020282-E911 Addressing) |
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ACTION
REQUESTED: Adopt a resolution to approve changing a street
name on a platted street Sequin Way as recorded in Plat Book 72, Page 58-59,
to Seguin Way. WHY ACTION
IS NECESSARY: To be in compliance with Lee County Ordinance
88-13 WHAT ACTION
ACCOMPLISHES: This is a plat change only for spelling
correction. (#20030283-E911
Addressing) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION
REQUESTED: Award B-03-07 WASTE TO ENERGY ASH HAULING
SERVICES, for the Division of Solid Waste, to the low bidder meeting all
bidding requirements, Swiftline Trucking, for a per ton cost of $4.25 for ash
hauling to the Lee/Hendry Landfill, with a contract period of two (2) years with an option to renew for
two (2) additional one year periods. WHY
ACTION IS NECESSARY: Pursuant to Administrative Code AC-4-4 Lee County
Contract Manual for Construction Projects, approved by the Board on September
25, 2003, projects estimated to be over $50,000.00 will be executed through
the formal advertised sealed bid procedure. WHAT ACTION
ACCOMPLISHES: Contractor will provide transportation of ash
residue generated at the Waste to Energy Facility to the Lee/Hendry
Landfill. (#20030297-Solid Waste) |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: Award B-03-04 COUNTY-WIDE RESURFACING-LEHIGH,
NORTH FORT MYERS, SOUTH FORT MYERS to the lowest responsive/responsible
bidder meeting all bidding requirements, APAC-Florida Inc., for a total
not-to-exceed contract amount of $819,625.00 with a final project completion
time of 180 calendar days. WHY ACTION
IS NECESSARY: Pursuant to Administrative Code AC-4-4 Lee County
Contracts Manual, approved by the Board on September 25, 2001, construction
projects estimated to be over $50,000 will be executed through the formal
advertised sealed bid procedures. WHAT ACTION
ACCOMPLISHES: Provides a contractor for resurfacing and
rebuilding of various streets located in Lehigh, North Fort Myers and South
Fort Myers.
(#20030266-Transportation) |
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10. |
UTILITIES
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ACTION REQUESTED: Authorize the Chairman on behalf of the BOCC, to
execute an amended City-County Interlocal Water Supply Agreement with the
City of Ft. Myers, establishing water rates adopted by the County by
Resolution, for interconnect water usage billing. WHY ACTION IS NECESSARY: Approval is required for intergovernmental
agreements. WHAT ACTION ACCOMPLISHES: Provides for an amendment to the City of Fort Myers-County interlocal agreement to establish water rates applicable for billing usage provided by water supply interconnects between the County and the City. Water rates to be established by adoption of County Resolution establishing uniform water rates from time to time. (#20021284-Utilities) |
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ACTION
REQUESTED: Approve Supplemental Task Authorization (STA) No.
6 to Malcolm Pirnie, Inc. for CN-00-01 WATER & SEWER ENGINEER OF RECORD
(Contract No. 1374) for Engineering Services to support ongoing legal
negotiations for payment to complete contractual repairs under the ST-AUSI
Contract in the amount of $200,000.00 for a total to date of $500,000.00. 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: Will enable the Consultant to continue to provide
Engineering Services to support ongoing legal negotiations for payment to
complete contractual repairs under the ST-AUSI Contract. (#20030292-Utilities) |
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ACTION
REQUESTED: Approve a change order for a not-to-exceed amount
of $10,000.00 for Formal Quotation No.:
Q-020294, Heron’s Glen (Purchase of Hydrants, DI Pipe & Fittings,
Water Valves & Appurtenances) for the Lee County Utilities Division to
the awarded vendor, SEMSCO, a Division of Clayton Group, (Ferguson
Waterworks), per unit pricing on the attached Lee County Tabulation Sheet. WHY ACTION
IS NECESSARY: The expenditures for this project necessitated the
use of a formal written quotation as outlined within Section 9 of the Lee
County Purchasing and Payment Procedures Manual. The quote was for a lump sum of $195,190.00. A change order to increase this amount (to
purchase additional items) requires Board approval. WHAT ACTION
ACCOMPLISHES: Increases the contract amount for the purchase of
Underground Supplies for the Heron’s Glen, Del Vera Waterline Project so that
additional parts can be purchased to complete the project. (#20030277-Utilities) |
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11. |
PARKS AND RECREATION |
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ACTION
REQUESTED: Formally approve United States Department
Agriculture’s Wildlife Habitat Incentives Program (WHIP) Grant and budget Amendment
and Resolution for $ 19,991.00. For Caloosahatchee Regional Park to remove
41.6 acres of exotic vegetation, site prep and establish native trees and
shrubs. Follow up pest management treatments for 3 years. Revenue Account
11071815500.331390.9003 WHY ACTION
IS NECESSARY: Board must formally accept grants. WHAT ACTION
ACCOMPLISHES: To continue replacing native trees and shrubs for
exotics throughout our Parks.
(#20030234-Parks and Recreation) |
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12. |
COUNTY ATTORNEY |
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ACTION REQUESTED: Accept the Deed of Conservation Easement from
Grosse Pointe Associates, Ltd. over approximately 10 acres of mangrove
preserve area within the River’s Edge Yacht and Country Club DRI. WHY ACTION IS NECESSARY: The Fourth Amendment to the DRI Development Order
requires the recording of a conservation easement prior to construction or
trimming activity within the mangrove preserve area. WHAT ACTION ACCOMPLISHES: The conservation easement satisfies the River’s
Edge Yacht and Country Club DRI Development Order condition
II.G.5.d(1)(a)(ii). (#20030306-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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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). (#20030280-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.
(#20030300-Clerk of Courts) |
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ACTION REQUESTED: Present Lee County’s Comprehensive Annual
Financial Report (CAFR) for fiscal year 2002. WHY ACTION IS NECESSARY: To comply with Chapter 10.550, “Rules of the
Auditor General-Local Governmental Entity Audits”, and various bond
covenants. WHAT ACTION ACCOMPLISHES: Provides public notice of the availability of the audited financial statements to the citizens of Lee County. (#20030301-Clerk of Courts)
[To
view the entire CAFRA document visit the Lee Clerk of Courts website at http://www.leeclerk.org/finance.htm] |
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ACTION REQUESTED: Approve and execute the annual financial report
to the Florida Department of Banking and Finance (Department). WHY ACTION IS NECESSARY: To comply with Section 218.32(b), Florida
Statutes, requiring that on or before March 31 of each year, each unit of
local government shall submit a copy of a financial report covering its
operations during the preceding year to the Department. WHAT ACTION ACCOMPLISHES: Noncompliance with Section 218, Florida
Statutes, could cause the Legislative Auditing Committee to require the
withholding of funds payable to the County by the Department of Revenue and
the Department of Banking and Finance.
(#20030299-Clerk of Courts) |
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ACTION REQUESTED: Approve payment of
delinquent tax overbid claim-Di Biase. WHY ACTION IS NECESSARY: Pursuant to Florida Statute 197. Lee County is holding overbid funds from delinquent tax sales. WHAT ACTION ACCOMPLISHES: The Clerk has received a claim for these funds and
requests that you release them.
(#20030312-Clerk of Courts) |
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ACTION REQUESTED: Approve payment of
delinquent tax overbid claim-Zaharchik. WHY ACTION IS NECESSARY: Pursuant to Florida Statute 197. Lee County is holding overbid funds from delinquent tax sales. WHAT ACTION ACCOMPLISHES: The Clerk has received a claim for these funds and
requests that you release them.
(#20030313-Clerk of Courts) |
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ACTION REQUESTED: Present the Lee County’s Office of the State
Courts Administrator-20th Judicial Circuit (Court Administration)
financial statements for fiscal year 2002. WHY ACTION IS NECESSARY: WHAT ACTION ACCOMPLISHES: Provides public notice of the availability of
the audited financial statements to the citizens of Lee County. (#20030319-Clerk of Courts) |
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ACTION REQUESTED: Approve the Expenditure of $33,075 from the Law
Enforcement Trust Fund #105000 and $18,185 from the CLEAN funds #105002. Approve transfer from CLEAN Fund Reserves
in the amount of $18,185. WHY ACTION IS NECESSARY: Florida State Statue 932.7055 requires Board of
County Commissioners approval of expenditures from the Law Enforcement Trust
Fund, which is funded by revenues from confiscated property. WHAT ACTION ACCOMPLISHES: Funds will be used to provide drug abuse education
and prevention by C.H.R.I.S. Rallies in Lee County and accessories for
investigations and investigative costs.
(#20030303-Sheriff) |
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PUBLIC AGENDA
March 25, 2003
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5:00
PM |
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Public
Hearing |
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ACTION REQUESTED: Adopt a Resolution on Petition VAC2002-00046 to
Vacate a 60 foot Right-Of-Way as recorded in O.R. Book 1008, Page 1679, of
the Public Records of Lee County, Florida. WHY ACTION IS NECESSARY: To close the existing road and relocate to another
location, as well as accepting replacement Utility Easements. The vacation of the Right-of-Way will
not alter existing traffic patterns and the Right-of-Way is not necessary to
accommodate any future Right-of-Way requirement. WHAT THE ACTION ACCOMPLISHES: Vacates the Right-of-Way. (#5)
(#20030275-Development Services) |
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5:05
PM |
Public
Presentation of Matters by Citizens |
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Adjourn |
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