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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 |
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Donald D. Stilwell, County Manager |
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David
M. Owen County Attorney |
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March 29, 2005 |
Please fill out a “Request to Comment” card if you plan to address the Board and return it to the Clerk at the left of the podium prior to the start of the meeting.
All back up for this agenda is available in the Public Resources Office, 1st Floor, Administration Building
Additional information is available on the Internet at http://www.lee-county.com
PLEASE NOTE: The Board may take action in its capacity as the Port Authority or Government Leasing Corporation.
COMMISSION CHAMBERS, 2120 MAIN STREET, FORT MYERS, FLORIDA
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9:30
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Invocation: |
Pastor
Walter Still |
Peace
Lutheran Church |
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Pledge
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Presentations: |
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(Sheriff-#20050381) |
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(Commissioner
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(Commissioner
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Recap |
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Public
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Items
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Motion
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Consideration
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Walk-ons
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Commissioners'
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County
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County
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Adjourn |
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March
29, 2005
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1. |
COUNTY ADMINISTRATION |
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(A) |
ACTION REQUESTED/PURPOSE: Approve budget amendments to allocate excess fund
balance and grant and operational carryovers as determined by the completion
of the financial audit. Also approve
transfers to and from reserves, authorize interfund transfers, and amend the
FY05-09 Capital Improvement Program. WHAT ACTION ACCOMPLISHES: To adjust budgeted fund balance to reflect actual balances. Provides funds for unfinished contracts, equipment, and operational expenditures. MANAGEMENT RECOMMENDATION: Approve.
(#20050349-Budget Services) |
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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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(A) |
ACTION
REQUESTED/PURPOSE: Accept a Petition to Vacate a 12-foot wide Public
Utility Easement located at 406 North Ave., Lehigh Acres, and adopt a
resolution, setting a Public Hearing for 5:00 PM on the 26th day
of April 2005. (Case No.
VAC2005-00005). WHAT ACTION
ACCOMPLISHES: Sets the time and date of the Public Hearing. 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. MANAGEMENT RECOMMENDATION: Approve (S27-T44S-R27E) (#5)
(#20050307-Development Services) |
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(B) |
ACTION
REQUESTED/PURPOSE: Accept a Petition to Vacate a 12-foot wide
Drainage and Public Utility Easement located at 4668 Little River Ln., Fort
Myers, located off of Orange River Blvd., west of Buckingham Rd., and adopt a
resolution, setting a Public Hearing for 5:00 PM on the 26th day
of April 2005. (Case No. VAC2005-00006). WHAT ACTION ACCOMPLISHES: 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. MANAGEMENT
RECOMMENDATION: N/A (S35-T43S-R25E) (#5)
(#20050320-Development Services) |
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(C) |
ACTION
REQUESTED/PURPOSE: Accept a Petition to Vacate a portion of the
50-foot IDD Canal L-1 Right-of-Way at 6323 St. Andrew Circle S., Fort Myers,
located off of McGregor Blvd., and adopt a resolution setting a Public
Hearing for 5:00 PM on the 26th day of April 2005. (Case No. VAC2004-00023) WHAT ACTION ACCOMPLISHES: To construct a porch addition and re-roof to an
existing single-family dwelling unit built in 1971. The existing structure is partially situated in the 50-foot IDD
Canal easement. The vacation will not alter
existing drainage conditions and the easement is not necessary to accommodate
any future drainage and canal maintenance requirements. MANAGEMENT RECOMMENDATION: N/A (S3-T45S-R24E) (#2) (#20050332-Development Services) |
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(D) |
ACTION REQUESTED/PURPOSE: Authorize an extension, from May 30, 2005 to June
30, 2005, for Contract C-2651 between the Board of County Commissioners and
Southwest Florida Addiction Services (SWFAS) WHAT ACTION ACCOMPLISHES: This contract extension
is technical in nature and will allow for more time for SWFAS to complete its
contractual obligations to the county. MANAGEMENT
RECOMMENDATION: Authorize extension (#20050375-Planning) |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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(A) |
ACTION
REQUESTED/PURPOSE: Authorize: 1) the Division of County Lands to make
a binding offer to property owner in the amount of $266,200 for Parcel 313,
Imperial Street Widening Project No. 4060, pursuant to the Purchase
Agreement; 2) the Division of County Lands to handle and accept all
documentation necessary to complete transaction. WHAT ACTION
ACCOMPLISHES: Makes binding offer to property owner prior to
initiation of condemnation proceedings.
MANAGEMENT RECOMMENDATION: Approve. (#20050006-County Lands) |
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(B) |
ACTION
REQUESTED/PURPOSE: Authorize: 1) the Division of
County Lands to make a binding offer to property owner in the amount of
$169,400 for Parcel 314, Imperial Street Widening Project No. 4060, pursuant
to the Purchase Agreement; 2) the Division of County Lands to handle and
accept all documentation necessary to complete transaction. WHAT ACTION
ACCOMPLISHES: Makes binding offer to property owner prior to
initiation of condemnation proceedings.
MANAGEMENT RECOMMENDATION: Approve. (#20050130-County Lands) |
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(C) |
ACTION
REQUESTED/PURPOSE: Authorize: (1) the division of County Lands to
make a binding offer to property owner in the amount of $900.00 for Parcel
502, Imperial Street Widening. Project 4060, pursuant to the Easement
Purchase Agreement; 2) the Division of County Lands to handle and accept all
documentation necessary to complete this transaction. WHAT ACTION
ACCOMPLISHES: Makes binding offer to property owner prior to
initiation of condemnation proceedings.
MANAGEMENT RECOMMENDATION: Approve. (#20050131-County Lands) |
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(D) |
ACTION REQUESTED/PURPOSE: Approve Purchase Agreement for acquisition of
Parcel 101, Three Oaks Parkway South Extension Project No. 4043, in the
amount of $100,000; 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 avoids Eminent
Domain. MANAGEMENT
RECOMMENDATION: Management recommends Board approve the Action
Requested. (#20050334-County Lands) |
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(E) |
ACTION
REQUESTED/PURPOSE: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $308,000 for Parcels 209 and 210, Summerlin Road Widening,
Project No. 6007, pursuant to the Purchase Agreement; authorize the Division
of County Lands to handle all documentation necessary to complete
transaction. The Board must authorize
the making of a binding offer to a property owner prior to initiation of
condemnation proceedings. WHAT ACTION ACCOMPLISHES: Makes binding offer to property owner. MANAGEMENT
RECOMMENDATION: Management recommends Board approve the Action
Requested. (#20050338-County Lands) |
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(F) |
ACTION
REQUESTED/PURPOSE: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $290,000 for Parcels 208 and 211, Summerlin Road Widening,
Project No. 6007, pursuant to the Purchase Agreement; authorize the Division
of County Lands to handle all documentation necessary to complete
transaction. The Board must authorize
the making of a binding offer to a property owner prior to initiation of
condemnation proceedings. WHAT ACTION ACCOMPLISHES: Makes binding offer to property owner. MANAGEMENT
RECOMMENDATION: Management recommends Board approve the Action
Requested. (#20050339-County Lands) |
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(G) |
ACTION REQUESTED/PURPOSE: Approve Purchase Agreement
for the acquisition of Parcel 118, Three Oaks Widening Project No. 4081, in
the amount of $1,073,568; authorize payment of costs to close and the
Division of County Lands to handle all documentation necessary to complete
transaction. WHAT ACTION ACCOMPLISHES: The voluntary purchase
of a parcel for the Three Oaks Widening Project and the avoidance of an
Eminent Domain action. The Board must
authorize the purchase of all real estate transactions. MANAGEMENT
RECOMMENDATION: Management recommends approval for this action to
avoid condemnation costs and expenses.
(#20050363-County Lands) |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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(A) |
ACTION
REQUESTED/PURPOSE: Execute Contract OT050302 with South Florida Water
Management District (District) for North West Lee County Surface Water
Management Project. The total project
cost is $160,000 including the District contribution of $139,000. Approve Budget Transfer from SFWMD Grant
Projects (Project 208534) to North West Lee County Surface Water Project
(Project 208587) in the amount of $160,000 and amend the FY04/05-08/09 CIP
accordingly. WHAT ACTION ACCOMPLISHES: Provides for
District funding 86% of a drainage and water quality improvement project in
the Burnt Store/Gator Slough area. MANAGEMENT RECOMMENDATION: Staff supports
approval. (#20050367-Natural
Resources) |
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(B) |
ACTION REQUESTED/PURPOSE: Award Construction Management Addendum under
RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, for
the project known as Repair and Maintenance Clewiston Transfer Station, to
Lodge Construction, Inc. for the Guaranteed Maximum Price (GMP) of $91,807.00
(includes the CM fee of $7,653.00).
This project was budgeted in the CIP and funds are available within
the budget. Additionally, request
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. WHAT ACTION ACCOMPLISHES: Provides the County with
a Construction Manager for the replacement of: the operational screen wall at
both doorways; approximately 800 s.f. of damaged siding; eave and corner
trim, downspouts and guardrail along
the loading ramp of the Clewiston Transfer Station. MANAGEMENT RECOMMENDATION: Approve
(#20050368-Solid Waste) |
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(C) |
ACTION REQUESTED/PURPOSE: Approve award of formal quotation (RFP B&R
2661-SE202) and issuance of a purchase order to General Electric Energy, the
low price proposer, meeting all specification requirements for a
step-up-transformer in an amount of $350,000.00. Authority is also requested to award of optional “field
assembly and oil fill” for an additional $35,00.00 at a future date if such
option is in the best interest of the County. WHAT ACTION ACCOMPLISHES: Provides the necessary (13,800/138,000 volt) main
step-up-transformer for the Waste To Energy Expansion Project. MANAGEMENT
RECOMMENDATION: Approve
(#20050380-Solid Waste) |
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9. |
TRANSPORTATION |
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(A) |
ACTION REQUESTED/PURPOSE: Award B-05-09 EVERGREEN ROAD IMPROVEMENTS AND
WATER MAIN INSTALLATION, for the Department of Transportation, to the lowest
responsive, responsible bidder, Gulf Paving, Inc., for a total not-to-exceed
base bid of $1,320,428.75 plus all Alternate unit price items (if needed)
with a total completion time of 210 days.
This CIP project was anticipated and funds will be available within
the budget upon approval of the Request For Transfer of Funds. Approve Evergreen Road project #4096 and
amend the FY05-09 Capital Improvement Program. Also approve transfer from reserves in the Road Impact Fees
Fund – North District in the amount of $352,588. WHAT ACTION ACCOMPLISHES: Provides Lee County with a Contractor to widen and
overlay Evergreen Road between U.S. 41 and Old U.S. 41 in North Fort
Myers. Construction includes a raised
sidewalk and installation of a force main and a water main. MANAGEMENT
RECOMMENDATION: Approve
(#20050297-Transportation) |
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(B) |
ACTION REQUESTED/PURPOSE: Approve Change Order No. 3 under CN-02-23 SANIBEL
BRIDGE TOLL PLAZA RECONSTRUCTION AND CAPE CORAL BRIDGE TOLL PLAZA
RECONSTRUCTION to URS in the amount of $90,630.08. Also, approve transfer from reserves in the amount of $150,000.00. This project was within the CIP and funds
will be available upon approval of the attached Request For Transfer Of Funds
from Toll Surplus Reserves. WHAT ACTION ACCOMPLISHES: Provides Lee County with a Consultant to: 1)
Provide additional geotechnical information required for the design of a new
traffic signal at the intersection of Punta Rassa Road and McGregor Blvd.; 2)
Prepare plans and specifications for a new retaining wall to limit
encroachment into environmentally sensitive areas affected by construction of
the new Sanibel Bridge Toll Plaza, 3) Prepare plans and specifications for a
new lift station to serve the new Sanibel Bridge Toll Plaza and the new
restroom facilities at the adjacent boat ramp; 4) Prepare plans and
specifications for traffic signal installation; 5) Provide additional
environmental permitting arising from the re-design of the Punta Rassa Road /
McGregor Blvd. Intersection and its’ impact on adjacent environmentally
sensitive areas. MANAGEMENT
RECOMMENDATION: Approve (#20050348-Transportation) |
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10. |
UTILITIES |
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(A) |
ACTION REQUESTED/PURPOSE: Approve construction of the water distribution and
gravity collection systems serving Verandah,
Mossy Oak & River Point. This
is a Developer Contributed asset project located on the south side of SR 80
approximately 1-1/2 miles west of Buckingham Road. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual. MANAGEMENT RECOMMENDATION: Lee County Utilities requests that the County
Manager’s office recommend approval of this item. (#20050191-Utilities) |
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(B) |
ACTION REQUESTED/PURPOSE: Approve final acceptance, by Resolution, as a
donation of a fire hydrant, one (1) 4” diameter fire line and a single sewer
service, serving Children’s Specialists. This is a Developer Contributed asset
project located on the west side of Summerlin Lakes Drive, approximately 290’
north of the Summerlin Road entrance to Reflection Lakes Commercial Center. WHAT ACTION ACCOMPLISHES: Places the fire hydrant and fire line into
operation and complies with the Lee County Utilities Operations Manual. MANAGEMENT
RECOMMENDATION: Approve
(#20050267-Utilities) |
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(C) |
ACTION REQUESTED/PURPOSE: Approve final acceptance, by Resolution, as a
donation of a fire hydrant serving Moore
Custom Millworks a/k/a Moore Custom Woodworking. This is a Developer Contributed asset
project located on the south side of Bavaria Road, approximately 835’ west of
Treeline Avenue. WHAT ACTION ACCOMPLISHES: Places the fire hydrant into operation and
complies with the Lee County Utilities Operations Manual. MANAGEMENT
RECOMMENDATION: Approve
(#20050268-Utilities) |
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(D) |
ACTION
REQUESTED/PURPOSE: Approve Project # PB050287, for the Lee County
Utilities Division, for the utilization (piggyback) of the City of Pompano
Beach’s Bid # H-20-05, which has gone through their competitive bidding
process, for the annual purchase of Neptune Water Meters through its
authorized distributor Sunstate Meter & Supply Inc., for the unit prices
as listed on the awarded vendor’s quote.
There are two options built into the bid: 1. the participating entity can trade in their obsolete
meters, 2. the participating entity
can purchase items not on the bid for a 15% discount off of list price. This bid was awarded for one year from
2/23/05 to 2/22/06, and has four additional one-year renewals available. Also request permission to continue to
utilize this piggyback for any renewal periods between the City of Pompano
Beach and the awarded vendor. For
general information, the Utilities Division estimates spending approximately
$300,000.00 for water meters and replacement parts on an annual basis. The requesting division will be
responsible for monitoring their individual expenditures. WHAT ACTION ACCOMPLISHES: Allows the Lee County Utilities Division to
purchase water meters in a cost effective, efficient, and timely manner. MANAGEMENT
RECOMMENDATION: Approve (#20050302-Utilities) |
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(E) |
ACTION REQUESTED/PURPOSE: Approve construction one 8” diameter master meter
assembly and a force main extension serving Avalon Preserve to provide potable water service, fire protection
and sanitary sewer service to this proposed 104-unit multi-family residential
development. This is a Developer
Contributed asset project located on the east side of Winkler Road
approximately 1/2 mile south of Summerlin Road. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual. MANAGEMENT RECOMMENDATION: Lee County Utilities requests that the County
Manager’s office recommend approval of this item. (#20050327-Utilities) |
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(F) |
ACTION REQUESTED/PURPOSE: Approve construction of a water main and force
main extension serving Osprey Cove to
provide potable water service, fire protection and sanitary sewer service to
this proposed multi-family development.
This is a Developer Contributed asset project located on the north
side of Estero Parkway approximately 1/4 of a mile east of US 41. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual. MANAGEMENT RECOMMENDATION: Lee County Utilities requests that the County
Manager’s office recommend approval of this item. (#20050328-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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(A) |
ACTION REQUESTED: 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
(#20050384-Clerk of Courts) |
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(B) |
ACTION REQUESTED: Present financial report
for information purposes. WHAT ACTION ACCOMPLISHES: To provide interim reporting on selected funds and revenues of the Lee County Board of County Commissioners. Included in the report in compliance with Chapter 218.415 Florida Statutes, Local Government Investment Policies is the stated and fair market value of the investments managed by the Clerk’s Office. Additionally, In pursuant to Lee County Ordinance 02-28 activity for the Driver’s Education Safety Trust Funds. 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. MANAGEMENT RECOMMENDATION: Approve (#20050385-Clerk of Courts) |
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(C) |
ACTION REQUESTED/PURPOSE: Approve Expenditures in the amount of $537,740 by
the Lee County Sheriff’s Office.
Revenues for these expenditures were from various fees, services, etc.
(see below) that were collected by the Sheriff’s Office during the period of
10/01/04–02/28/05. WHAT ACTION ACCOMPLISHES: Board approval is needed to expend funds collected. MANAGEMENT
RECOMMENDATION: Approve (#20050340-Sheriff) |
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(D) |
ACTION REQUESTED/PURPOSE: Approve Expenditure of $298,785 from the Law
Enforcement Trust Fund #105000. WHAT ACTION ACCOMPLISHES: Florida State Statute 932.7055 requires the Board
of County Commissioners approval of expenditures from the Law Enforcement
Trust Fund, which is funded by revenues from confiscated property. MANAGEMENT
RECOMMENDATION: Approve (#20050341-Sheriff) |
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(E) |
ACTION REQUESTED/PURPOSE: Presentation to the Board of County Commissioners the Lee County Comprehensive Annual Financial Report (CAFR) for fiscal year 2004. WHAT ACTION ACCOMPLISHES: Provides public notice of the availability of the
audited financial statements to the citizens of Lee County. MANAGEMENT
RECOMMENDATION: Approve (#20050371-Clerk of Courts) |
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(F) |
ACTION REQUESTED/PURPOSE: Approve and Execute the annual financial report to
the Florida Department of Banking and Finance (Department). WHAT ACTION ACCOMPLISHES: To comply with Section 218.32, Florida Statutes,
requiring that within 45 days after the receipt of the audit report each
local governmental entity shall submit a copy of its annual financial report,
for the previous fiscal year, to the Department. Noncompliance with Section 218.32, Florida Statutes, will cause
the Department to notify the Legislative Auditing Committee which may require
the withholding of funds payable to the County by the Department of Revenue
and the Department of Banking and Finance. MANAGEMENT
RECOMMENDATION: Approve (#20050372-Clerk of Courts) |
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March 29, 2005
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1. |
COUNTY ADMINISTRATION |
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2. |
CONSTRUCTION AND DESIGN |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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9. |
TRANSPORTATION |
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(A) |
ACTION REQUESTED/PURPOSE: Request BOCC adopt Alternative A as the alignment
for Ortiz Ave. widening from SR 82 to SR 80 (CIP # 4072) as described in the
attached centerline description and exhibits, and direct DOT and County Lands
to proceed with acquisition of right of way necessary for the total project
as shown. WHAT ACTION ACCOMPLISHES: Enables DOT and County Lands to identify
right-of-way needed for the future widening of Ortiz Avenue between SR 82 and
SR 80. MANAGEMENT
RECOMMENDATION: Approve
(#20050347-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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(A) |
ACTION REQUESTED/PURPOSE: Review and approve Resolution to initiate
statutory, pre-trial intergovernmental conflict resolution procedures in the
case of City of Cape Coral vs. Lee County and the School District of Lee
County, Case No. 04-CA-004831. WHAT ACTION ACCOMPLISHES: Passage of a resolution expresses the Board’s
intention to begin the procedures outlined in Section 164 Fla. Stat.
in an attempt to resolve matters without further legal action. MANAGEMENT RECOMMENDATION: In an attempt to accelerate the potential for settlements and contain costs, the legislative mandated local governmental entities’ participation in these procedures. (#20050346-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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March 29, 2005
CONTINUATION OF ADMINISTRATIVE AGENDA
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ACTION REQUESTED/PURPOSE: Deny appeal of an administrative interpretation of the Lee Plan under the single-family residence provision filed by Matthew Uhle on behalf of Louis Gomez. WHAT ACTION ACCOMPLISHES: To take action concerning an appeal of a denial for a favorable administrative determination of the Lee Plan under the single-family residence provision. MANAGEMENT RECOMMENDATION: The Board will uphold the determination
that the property owner is not entitled to construct one single-family
residence on the subject parcel in accordance with Lee Plan provisions. (#20050369-County Attorney) |