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District #1 Bob Janes |
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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October 14, 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: |
John
Denmark |
Cape Coral First United Methodist Church |
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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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October 14, 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: Accept a Petition to Vacate a 12-foot wide Public
Utility Easement located at 636-638 Meadow Rd. Lehigh Acres Florida, and adopt a resolution, setting a Public
Hearing for 5:00 PM on the 25th day of November, 2003. (Case No. VAC2003-00039) WHY ACTION
IS NECESSARY: To build a single-family residence on the combined
lots. The vacation of this easement will not alter existing drainage and/or
utility conditions and the easement is not necessary to accommodate any
future drainage and/or utility requirements. WHAT ACTION
ACCOMPLISHES: Sets the time and date of the Public Hearing. (#20031146-Development Services) |
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5. |
HUMAN SERVICES |
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ACTION REQUESTED: Approve FY2004 contracts for the Partnering for
Results program as adopted at the final public hearing on September 18, 2003 and
authorize the Chairman to sign the contracts once completed by the community
agencies. Authorize Human Services to
negotiate adjustments in unit rates and/or units purchased. Approve FY2004 contract for United Way of
Lee County in the amount of $30,000 for Information and Referral Services and
authorize the Chairman to sign the contract once completed by the United Way
of Lee County. WHY ACTION IS NECESSARY: To legally execute Partnering for Results
contracts for twenty-two (22) proposals and the United Way of Lee County. WHAT ACTION ACCOMPLISHES: Provides County funding for social service
programs at a fixed unit rate.
(#20031174-Human Services) |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Approve Purchase Agreement for acquisition of
Parcel 209, Three Oaks Parkway South Extension Project No. 4043, in the
amount of $54,615.00; authorize payment of costs to close and the Division of
County Lands to handle all documentation necessary to complete transaction. WHY
ACTION IS NECESSARY: The Board must accept all real estate conveyances
to Lee County. WHAT
ACTION ACCOMPLISHES: The Board avoids Eminent Domain. (#20031106-County Lands) |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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9. |
TRANSPORTATION |
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10. |
UTILITIES |
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ACTION REQUESTED: Approve final acceptance, by Resolution, and
recording of one Utility Easement as a donation of a water main extension,
two (2) fire hydrants and a force main connection serving Verandah
–Phase 1A-1 (Maintenance Facility). This is a Developer Contributed asset project located on the
south side of State Road 80 approximately ½ mile east of State Road 31. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this phase of the residential development. WHAT ACTION ACCOMPLISHES: Places the water main, fire hydrants and force
main into operation and complies with the Lee County Utilities Operations
Manual. (#20031160-Utilities) |
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ACTION REQUESTED: Approve final acceptance, by Resolution, as a
donation of four 4” diameter fire lines, three fire hydrants, nine potable
water services and a gravity collection system serving Legends, Tract “J”. This is a developer contributed asset
project located on the west side of Fiddlesticks Boulevard across from The
Olde Hickory Club and just north of Fiddlesticks Country Club. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this phase of the residential development. WHAT ACTION ACCOMPLISHES: Places the water and sewer systems into operation
and complies with the Lee County Utilities Operations Manual. (#20031162-Utilities) |
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ACTION REQUESTED: Authorize the Chairman, on behalf of the BOCC, to
approve the Florida Department of Transportation (FDOT) Utility Agreement
Resolution and Utility Master Agreement for utility relocations, adjustments,
removals and new installations located in FDOT roadways. WHY ACTION IS NECESSARY: FDOT engages in various roadway and drainage
improvement projects that may conflict with existing and/or proposed Lee
County Utilities (LCU) water and sewer facilities. Any required utility work for an FDOT roadway project must have
a Utility Agreement completed. WHAT ACTION ACCOMPLISHES: This Master Agreement between FDOT and LCU
eliminates the need for an individual agreement on each FDOT project and
establishes the terms and conditions applicable to LCU utility work. (#20031161-Utilities) |
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11. |
PARKS AND RECREATION |
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12. |
COUNTY ATTORNEY |
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ACTION
REQUESTED: Direct a non-emergency ordinance to amend Lee
County Ordinance No. 02-13, to authorize The Verandah West Community
Development District to exercise special powers for parks (recreation) and
security, to public hearing on November 25, 2003 at 5:00 p.m. WHY
ACTION IS NECESSARY: The Verandah West Community Development District
has petitioned the Board of County Commissioners for consent to exercise
special powers for parks (recreation) and security under F.S. §190.012(2)(a)
and (d). WHAT
ACTION ACCOMPLISHES: Allows the Board to consider the petitioned request
of The Verandah West Community Development District and provides a forum to
evaluate the appropriateness of the request. (#20031168-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). (#20031163-Clerk of
Courts) |
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ACTION REQUESTED: Approve payment of
delinquent tax overbid claim-Justice, Trustee 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.
(#20031182-Clerk of Courts) |
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October
14, 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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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Option A-Accept highest bid of $1,100,000, for the sale
of County surplus property located at 15720, 15761, 15790, 15800, and 15900
Park Way, in East Lee County, Florida, referred to as the Idalia property, or
Option B-reject all bids submitted. Please refer to second page of
this “blue sheet” for further Board consideration to Action Requested. WHY ACTION
IS NECESSARY: Board to decide on final disposition of real
property. WHAT ACTION
ACCOMPLISHES: Provides staff with direction on this county-owned
property. (#20031170-County Lands) |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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9. |
TRANSPORTATION |
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10. |
UTILITIES |
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11. |
PARKS AND RECREATION |
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12. |
COUNTY ATTORNEY |
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13. |
HEARING EXAMINER |
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14. |
PORT AUTHORITY |
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15. |
CONSTITUTIONAL OFFICERS |
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October
14, 2003
CONTINUATION
OF ADMINISTRATIVE AGENDA
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ACTION REQUESTED: Deny appeal of an administrative interpretation of
the Lee Plan under the single-family determination provision filed by Harold
W. Sears on behalf of Oyster Pond Limited Partnership. WHY ACTION IS NECESSARY: To take action concerning an appeal of a denial
for a favorable administrative interpretation of the Lee Plan under the
single-family resident provision. WHAT ACTION ACCOMPLISHES: The Board action will uphold the determination
that the property is ineligible for a favorable administrative interpretation
of the Lee Plan under the single-family provision. (#20030946-County
Attorney) |
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ACTION REQUESTED: Deny appeal of an administrative interpretation of
the Lee Plan under the single-family residence provision filed by Matthew
Uhle on behalf of Suzanne Meyer. WHY ACTION IS NECESSARY: To take action concerning an appeal of a denial
for a favorable administrative determination of the Lee Plan under the
single-family residence provision. WHAT ACTION ACCOMPLISHES: The Board will uphold the determination that the
property owner is entitled to construct one single-family residence on the
subject parcel after sufficient access to the property is established in
accordance with applicable County regulations. (#20031073-County Attorney) |
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ACTION REQUESTED: Deny appeal of an administrative interpretation of
the Lee Plan under the single-family residence provision filed by Billie
Adcock on behalf of Kathyrn VanDeMortel. WHY ACTION IS NECESSARY: To take action concerning an appeal of a denial
for a favorable administrative determination of the Lee Plan under the
single-family residence provision. WHAT ACTION ACCOMPLISHES: The Board will uphold the determination that the
property owner is entitled to construct one single-family residence on the
subject parcel after sufficient access to the property is established in
accordance with applicable County regulations. (#20031072-County Attorney) |
PUBLIC AGENDA
October 14, 2003
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5:00
PM |
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ACTION
REQUESTED: Conduct a Public Hearing to adopt a Petition to
Vacate a 12-foot wide Drainage and Public Utility Easement located at 4905
Barth Street, Lehigh Acres, Florida 33971.
(Case No. VAC2003-00038) WHY ACTION
IS NECESSARY: To build a single-family residence on the combined
lots. The vacation of this
easement will not alter existing drainage or utility conditions and the
easement is not necessary to accommodate any future drainage or utility
requirements. WHAT ACTION
ACCOMPLISHES: Vacates the Drainage and Public Utility Easement.
(S29-T44S-R26E) (#5) (#20031120-Development Services) |
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ACTION
REQUESTED: Conduct a Public Hearing to adopt a Petition to
Vacate a 12-foot wide Drainage and Public Utility Easement located between 2
single-family lots at 11360 and 11370 Longwater Chase Court, Gulf
Harbour. (VAC2003-00036) WHY ACTION
IS NECESSARY: To resolve title issues on both properties that
resulted from improvements that were constructed within the easement. The vacation of this easement will not
alter existing drainage or 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. (S30-T45S-R24E) (#5)
(#20030974-Development Services) |
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ACTION
REQUESTED: Conduct a Public Hearing to adopt a Petition to
Vacate a 12-foot wide Public Utility Easement located at 3115 11th
Street SW., Lehigh Acres, Florida. (Case No. VAC2003-00009) WHY ACTION
IS NECESSARY: To build a single-family residence and detached
garage 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. (S35-T44S-R26E) (#5)
(#20030403-Development Services) |
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ACTION
REQUESTED: Conduct a Public Hearing to adopt a Petition to
Vacate several 6 foot wide Drainage and Public Utility Easements located at
3004 4th ST W and 3021 Lee Blvd Lehigh Acres, Florida. (Case No. VAC2003-00037) WHY ACTION
IS NECESSARY: To build a single-family residence on the combined
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. (S25-T44S-R26E) (#5)
(#20031165-Development Services) |
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ACTION
REQUESTED: Conduct a Public Hearing to adopt a Petition to
Vacate a 12-foot wide Public Utility Easement located at 509 Hines Avenue,
Lehigh Acres, Florida. (Case No.
VAC2003-00051) WHY ACTION
IS NECESSARY: To build a single-family residence 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. (S25-T44S-R27E) (#5)
(#20031064-Development Services) |
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ACTION
REQUESTED: Conduct a Public Hearing to adopt a Petition to
Vacate a 10' wide drainage easement located at 8648 Alico Road, Fort
Myers, Florida. (Case No.
VAC2003-00035) WHY ACTION
IS NECESSARY: In order to expand the gas station already
existing on this site. The
vacation of this easement will not alter existing drainage or utility
conditions and the easement is not necessary to accommodate any future
drainage or utility requirements. WHAT ACTION
ACCOMPLISHES: Vacates the Drainage Easement. (S9-T46S-R25E) (#5) (#20031167-Development Services) |
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ACTION REQUESTED: Conduct a public hearing to adopt certain,
selected, revised Utilities’ rates and charges by County Resolution. WHY ACTION IS NECESSARY: The BOCC must approve all rate changes by
Resolution, duly advertised, at a Public Hearing. WHAT ACTION ACCOMPLISHES: Modifies utility rates and charges for Lee County
Utilities. This rate resolution: 1)
lowers the Fire Service Charges rates; 2) allows Reuse Customers to negotiate
a mutually agreed upon reuse rate, not to exceed $.25 per thousand gallons
(which is the current rate); and, 3) provides the County the right to review
water and /or sewer usage, and bill for any adjustment(s) to the water and/or
sewer Connection Fees for capacity use in excess of the amounts originally
paid by the owner or customer. All
other rates and charges remain the same as those approved July 9, 2002, in
Lee County Resolution No. 02-07-44.
(#20031110-Utilities) |
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5:05
PM |
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ACTION REQUESTED: Conduct first public hearing on proposed amendment
to the Land Development Code (LDC) Chapter 2 and Appendix K, for the Roads
Impact Fee Update. After public
hearing, direct the ordinance to the second public hearing on October 28,
2003 at 5:05 p.m. WHY ACTION IS NECESSARY: Public hearings are necessary to adopt amendments
to the LDC. WHAT ACTION ACCOMPLISHES: Allows for discussion and public input on proposed
amendment to the LDC Chapter 2 and Appendix K. (#20031169-County Attorney) |
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5:05
PM |
Public
Presentation of Matters by Citizens |
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Adjourn |
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