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

 

 

Donald D. Stilwell,

County Manager

 

James G. Yaeger, County Attorney

 

April 1, 2003

Please fill out a “Request to Comment” card if you plan to address the Board and return it to the Clerk at the left of the podium prior to the start of the meeting.

All back up for this agenda is available in the Public Resources Office, 1st Floor, Administration Building

Additional information is available on the Internet at http://www.lee-county.com

PLEASE NOTE:  The Board may take action in its capacity as the Port Authority or Government Leasing Corporation.

COMMISSION CHAMBERS, 2120 MAIN STREET, FORT MYERS, FLORIDA

 

9:30 AM

Invocation:

Pastor David Pleasant

Covenant Community Ministries

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

 

 

·   

Tartan Day Resolution

 

 

(Commissioner Albion-#20030332)

 

 

·   

Litter Awareness Week Resolution

 

 

(Commissioner Judah-#20030333)

 

 

·   

Communities for a Lifetime Resolution

 

 

(Commissioner Janes-#20030334)

 

 

·   

Advisory Committee Appreciation Resolution

 

 

(Commissioner Judah-#20030346)

 

 

·   

Length of Service Awards

 

 

(George Williams-#20030257)

 

 

 

Recap

 

 

 

Public Comment on the Consent and Administrative Agenda

 

 

 

Consent Agenda:

 

·   

Items to be pulled for discussion by the Board

 

·   

Motion to approve balance of items

 

·   

Consideration of items pulled for discussion

 

 

 

Administrative Agenda

 

 

 

Walk-ons and Carry-overs

 

 

 

Commissioners' Items/Committee Appointments

 

 

 

County Manager Items

 

 

 

County Attorney Items

 

 

 

Adjourn

CONSENT AGENDA

April 1, 2003

 

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Present to the Board for information and filing the Object Code #504015 Expenditure Report for the first quarter of FY02-03 (October through December 2002).

WHY ACTION IS NECESSARY:

Lee County Ordinance #90-18.

WHAT ACTION ACCOMPLISHES:

Allows Board to monitor expenditures being made by County Departments and Divisions to this object code.  (#20030337-County Manager)

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

Approve award of Quote # Q-020573 for Architectural “Green Paint (Low VOC) and Paint Related Products for Construction and Design (Facilities Management), to the low quoters per section meeting all specification requirements as indicated in Sections A&B to Scott Paints, sections C, D & F to Glidden Paints and section E to Flex Bon Paints.  It is estimated that the annual expenditures will be approximately $68,000.  The initial term of this agreement is for two years. Also request the Board’s approval to renew for three additional one-year periods at the expiration of the current two-year term if in the best interest of the County.  Funding will come from each individual departments budget and they will be responsible for monitoring their own expenditures

WHY ACTION IS NECESSARY:

According to Section 9.4.1 of the Lee County Purchasing and Payment Procedures Manual, approved by the Board on 3/21/00, purchases over the $50,000.00 must be approved by the Board.

WHAT ACTION ACCOMPLISHES:

Establishes competitive pricing for the purchase of Architectural Green Paint (Low VOC) and Paint Related Products on an annual basis.  (#20021476-Facilities Management)

 

 

(b)

ACTION REQUESTED:

Approve Addendum to the Construction Manager Agreement under RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as LeeWay Service Center, to Gary Wilkes, Inc., for the Guaranteed Maximum Price (GMP) of $347,020.00 (includes the CM fee).  Also approve waiving of the formal process (if needed) and authorize the use of the Direct Material Purchase Orders based on CM’s competitive process, which allows the County to purchase directly from suppliers of equipment and/or materials as a cost/time saving measure.

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, 2001, construction projects estimated to be over $50,000.00 will be executed through the formal process.

WHAT ACTION ACCOMPLISHES:

Provides the County with a Construction Manager that will provide for the work to accomplish the renovation of the LeeWay Service Center to include enclosure of the drive-thru with masonry and stucco walls and remodeling all restrooms to obtain compliance with the Americans with Disability Act codes.  (#20030340-Construction and Design)

 

 

(c)

ACTION REQUESTED:

Approve Addendum to the Construction Manager Agreement under RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as Matlacha Park, to Westco Builders of Florida, Inc., for the Guaranteed Maximum Price (GMP) of $128,220.00 (includes the CM fee).  Also approve waiving of the formal process (if needed) and authorize the use of the Direct Material Purchase Orders based on CM’s competitive process, which allows the County to purchase directly from suppliers of equipment and/or materials as a cost/time saving measure.

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, 2001, construction projects estimated to be over $50,000.00 will be executed through the formal process.

WHAT ACTION ACCOMPLISHES:

Provides the County with a Construction Manager that will provide for the work to accomplish Matlacha Park proposed restrooms, storage building and existing restroom renovations.  (#20030342-Construction and Design)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve the acquisition of Parcel 311, for the Three Oaks Parkway South Extension Project No. 4043, in the amount of $63,000, pursuant to the terms and conditions set forth in the Agreement for Purchase and Sale of Real Estate; authorize the Chairman on behalf of the Board of County Commissioners to sign the Purchase Agreement; authorize payment of necessary costs to close; authorize the Division of County Lands to handle and accept all documentation necessary to complete this transaction.

WHY ACTION IS NECESSARY:

The Board must formally accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:

The acquisition of property during the voluntary phase of the project, thus avoiding the Board’s need to exercise its power of Eminent Domain.  (#20030328-County Lands)

 

 

(b)

ACTION REQUESTED:

Approve the acquisition of Parcel 218, for the Three Oaks Parkway South Extension Project No. 4043, in the amount of $49,000, pursuant to the terms and conditions set forth in the Agreement for Purchase and Sale of Real Estate; authorize the Chairman on behalf of the Board of County Commissioners to sign the Purchase Agreement; authorize payment of necessary costs to close; authorize the Division of County Lands to handle and accept all documentation necessary to complete this transaction.

WHY ACTION IS NECESSARY:

The Board must formally accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:

The acquisition of property during the voluntary phase of the project, thus avoiding the Board’s need to exercise its power of Eminent Domain.  (#20030329-County Lands)

 

 

(c)

ACTION REQUESTED:

Approve the acquisition of Parcel 244, for the Three Oaks Parkway South Extension Project No. 4043, in the amount of $72,000, pursuant to the terms and conditions set forth in the Agreement for Purchase and Sale of Real Estate; authorize the Chairman on behalf of the Board of County Commissioners to sign the Purchase Agreement; authorize payment of necessary costs to close; authorize the Division of County Lands to handle and accept all documentation necessary to complete this transaction.

WHY ACTION IS NECESSARY:

The Board must formally accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:

The acquisition of property during the voluntary phase of the project, thus avoiding the Board’s need to exercise its power of Eminent Domain.  (#20030331-County Lands)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Execute Interlocal Agreement between Lee County and the City of Bonita Springs regarding services provided by the Lee County Division of Natural Resources for $97,410.00 for Fiscal Year 2002/2003.

WHY ACTION IS NECESSARY:

Formalizes the continuation of Lee County Division of Natural Resources services to the City of Bonita Springs.

WHAT ACTION ACCOMPLISHES:

Provides Surface Water Program services to the City of Bonita Springs.  (#20030321-Natural Resources)

 

 

(b)

ACTION REQUESTED:

Execute Agreement No. C-15438 with the South Florida Water Management District (SFWMD) for Caloosahatchee River Tributaries Maintenance.  The total five-year project cost is $935,000.00 including the District’s contribution of $850,000.00 with a $85,000.00 cost share by Lee County.  Approve Budget Transfer from SFWMD Grant (Project 208534) to Caloosahatchee River Tributaries Maintenance (Project 208581) of $55,000.00 in expenses and $50,000.00 in grant revenue for FY03/04 activity and amend the FY02/03-07/08 CIP accordingly.

WHY ACTION IS NECESSARY:

Board approval is required for all contracts and amendments to the CIP.

WHAT ACTION ACCOMPLISHES:

Provides mechanism to reimburse County for waterway maintenance on Caloosahatchee River tributaries.  (#20030322-Natural Resources)

 

 

(c)

ACTION REQUESTED:

Award RFP-03-01 YARD WASTE (HORTICULTURE) PROCESSING AND RECYCLING FACILITY, to the proposer whose proposal was evaluated by the Evaluation Committee as being in the best interest of Lee County, D. J. Casey Enterprise, for a per ton cost of $14.58 (paid on outgoing tonnage) to receive, process, remove from the County's site, and recycle, horticultural/ vegetative materials, for a contract period of three (3) years, with the option of two (2) additional 12 month term extensions.

WHY ACTION IS NECESSARY:

Pursuant to Administrative Code AC-4-4 Lee County Contract Manual, approved by the Board on September 25, 2001, Committee recommendations and awards shall be approved by the Board.

WHAT ACTION ACCOMPLISHES:

Provides a firm who will receive, neatly store, and process horticultural material after it crosses the County's truck scales at the Waste to Energy (WTE) Plant.  The firm will grind, screen, load and haul away the same material to an acceptable location at its own expense in accordance with the Service Provider Agreement.  (#20030270-Solid Waste)

 

 

(d)

ACTION REQUESTED:

Award B-03-05 GATOR SLOUGH FLOW-WAY MAINTENANCE & BERM REHABILITATION, for the Division of Natural Resources, to the lowest responsive/responsible bidder meeting all bidding requirements, David Barron Land Development, Inc. for a total not-to-exceed contract amount of $791,605.00, with a final project completion time of 150 calendar days from the date of official Notice to Proceed.

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:

This contract consists of 4,300 feet of flow-way maintenance, berm rehabilitation, rip rap placement with associated fencing.  (#20030307-Natural Resources)

 

 

(e)

ACTION REQUESTED:

Approve DEP Agreement No. S0096 between the State of Florida Department of Environmental Protection and Lee County to provide grant funding in the amount of $507,000.00 for the Ten Mile Canal Filter Marsh Project.  Approve Budget Amendment Resolution in the amount of $507,000.00 and amend the FY02/03-07/08 CIP accordingly.

WHY ACTION IS NECESSARY:

Board approval is required for all contracts and amendments to the CIP.

WHAT ACTION ACCOMPLISHES:

Provides funding mechanism for State contribution to Ten Mile Canal Filter Marsh project.  (#20030338-Natural Resources)

 

 

(f)

ACTION REQUESTED:

Approve Addendum to the Construction Manager Agreement, for RFQ-02-05 Lee County Solid Waste Transfer Station, with Lodge Construction Inc. (Contract #2370) to include the Guaranteed Maximum Price (GMP) in the amount of $5,277,388.00 (includes the 6% CM Fee).  Also request Board approve waiving of any formal process (if needed) and authorize the use of the Direct Material Purchase Orders based on CM’s competitive process, which allows the County to purchase directly from suppliers of equipment and/or materials as a cost/time saving measure.  Approve budget transfer from Solid Waste Management Reserve in the amount of $2,650,000.00 (CIP # 200921) and $150,000.00 (CIP 200952) and amend FY 02/03 – 06/07 CIP plan.

WHY ACTION IS NECESSARY:

Pursuant to Administrative Code AC-4-4 Lee County Contract Manual, approved by the Board on September 25, 2001, construction projects estimated to be over $50,000.00 will be executed through the formal advertised process.

WHAT ACTION ACCOMPLISHES:

This project entails construction of a two level solid waste transfer station.  The upper level tipping floor will be approx. 30,000 to 40,000 square feet with a partial lower level for transfer trailer staging.  The transfer station will be a pre-engineered metal building constructed partially on elevated structural fill with the area over the transfer staging level constructed of reinforced or pre-stressed concrete flooring.  The work will include construction of the entire facility including all structural, plumbing, mechanical, fire protection, electrical, telecommunications and site work.  The site work will include construction of roadways, drainage, stormwater management facilities and utility facilities to finish the project ready for startup and operation.  (#20030339-Solid Waste)

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Accept payments for the implementation of the alternating lane traffic signal at the intersection of San Carlos Boulevard (SR 865) at Buttonwood/Prescott for an amount up to $23,000 from the Town of Fort Myers Beach.  Additionally, approve a budget amendment resolution in the Transportation Capital Improvement Fund and amend FY 02-06 Capital Improvement Program.

WHY ACTION IS NECESSARY:

Requires Board of County Commissioner approval to amend CIP, and for budget resolutions.

WHAT ACTION ACCOMPLISHES:

Allows County to receive compensation for the implementation of the alternating lane traffic signal at San Carlos Boulevard (SR 865) and Buttonwood/Prescott.  (#20030278-Transportation)

 

 

(b)

ACTION REQUESTED:

Approve award of quote #Q-030074 Temporary Personnel for the LeeWay Service Center, for the Department of Transportation (Tolls), to the vendor offering the lowest percentage mark-up and meeting all specification requirements, Personnel Services of Ft. Myers, Inc., at the quoted percentage of mark-up over hourly rates of 25%.  It is estimated that approximately $80,000 will be spent annually for this service.  The term of this contract is for one year. Also to request authority to renew for four additional one year periods if in the best interest of Lee County.

WHY ACTION IS NECESSARY:

According to Section 9.4.1 of the Lee County Purchasing and Payment Procedures Manual, approved by the Board on 3/21/00, purchases over the $50,000.00 must be approved by the Board.

WHAT ACTION ACCOMPLISHES:

Allows continued operations at the LeeWay Service Center, by providing temporary personnel for service and clerical related positions.  (#20030012-Tolls)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve final acceptance by Resolution and recording of a utility easement, as a donation of one 6” diameter fire line serving Eckerd Drug Store at Fiddlesticks.  This is a developer contributed asset project located on the southeast corner of Daniels Road and Fiddlesticks Blvd.

WHY ACTION IS NECESSARY:

To provide fire protection to the recently constructed commercial building.

WHAT ACTION ACCOMPLISHES:

Places the fire line into operation and complies with the Lee County Utilities Operations Manual.  (#20030273-Utilities)

 

 

(b)

ACTION REQUESTED:

Approve final acceptance, by Resolution as a donation for one 6” diameter fire line serving the Copy Concepts aka Pyramid Commerce Park, Lot 1.  This is a Developer contributed asset project located at the northeast corner of Metro Parkway and Topaz Court.

WHY ACTION IS NECESSARY:

To provide fire protection the recently constructed industrial building.

WHAT ACTION ACCOMPLISHES:

Places the fire line into operation and complies with the Lee County Utilities Operations Manual.  (#20030305-Utilities)

 

 

(c)

ACTION REQUESTED:

Approve Project # PB030391, for the Lee County Utilities Division, for the utilization (piggyback) of the City of Pompano Beach’s Bid # H-14-00, which has gone through their competitive bidding process, for the annual purchase of Neptune Water Meters that are distributed through Sunstate Meter & Supply Inc. for the unit prices as listed on the awarded vendor’s quote.  There are two options built into the quote: the participating entity can trade in their obsolete meters, the participating entity can purchase items not on the quote for a 15% discount off of list price.  This quote was originally awarded for one year from 2/22/00 to 2/21/01, and was recently renewed until 2/21/04.  Also request permission to continue to utilize this piggyback for the continuation of the contract between the City of Pompano Beach and the awarded vendor for the purchase of water meters.  For general information, the Utilities Division estimates spending approximately $200,000.00 for water meters and replacement parts on an annual basis.

WHY ACTION IS NECESSARY:

According to Section 9.4.1 of the Lee County Purchasing & Payment Procedures Manual, approved by the Board on 7/9/02, purchases over $50,000.00 must be approved by the Board.

WHAT ACTION ACCOMPLISHES:

Allows the Lee County Utilities Division to purchase water meters in a cost effective, efficient, and timely manner.  (#20030315-Utilities)

 

 

(d)

ACTION REQUESTED:

Approve Change Order No. 5 to the North Lee County Water Treatment Facilities Project, Contract No. 407 with Montgomery Watson Harza, Inc. for Engineering Services during construction of the new reverse osmosis treatment plant project to be located in North Fort Myers, with a contract increase of $588,491.00.

WHY ACTION IS NECESSARY:

Pursuant to Lee County’s Manual for Professional Services, the B.O.C.C. is required to approve all Professional Services Agreements for amounts over $50,000.  The Engineering Consultant was selected under the state required competitive negotiation process, and the contract was awarded for the preliminary design phase, with later phases to be negotiated.  Staff has negotiated the contract price for the Engineering Services during construction.

WHAT ACTION ACCOMPLISHES:

Approval of this action will provide the Utilities Division, with a consultant that will provide services for construction services of the new North Lee County Water Treatment Facilities Project.  The plant’s capacity will be 5 MGD and it will be expandable in the future to 10 MGD.  Construction/expansion of the Water Treatment Plants(s) is required to meet growth projections within the Lee County Utility service area.  (#20030316-Utilities)

 

 

(e)

ACTION REQUESTED:

Authorize the Chairman, on behalf of the BOCC, to approve Florida Department of Transportation (FDOT) Utility Work by Highway Contractor Agreement for utility relocation and adjustments along Alico Road from Three Oaks Parkway to just east of Ben Hill Griffin Parkway.

WHY ACTION IS NECESSARY:

Proposed FDOT roadway and drainage facilities with the I-75 interchange improvement project will conflict with certain existing Lee County Utilities (LCU) water main facilities.  The utility work will be completed by the FDOT Contractor, and requires formal written agreement with FDOT.

WHAT ACTION ACCOMPLISHES:

Agreement between FDOT and LCU to complete the necessary utility relocations and adjustments by the FDOT Contractor.  Construction costs for the utility work are eligible for reimbursement from FDOT.  (#20030324-Utilities)

 

11.

PARKS AND RECREATION

 

 

(a)

ACTION REQUESTED:

Request Board approve Memorandum of Understanding (MOU) Agreement No. 401813K010 between the United States Department of Interior, Fish and Wildlife Service (FWS), J.N. Ding Darling National Wildlife Refuge and Lee County.  Provides for a continued partnership for interpretive programs at Manatee Park.

WHY ACTION IS NECESSARY:

Board formally approves MOU with the Fish and Wildlife Service.

WHAT ACTION ACCOMPLISHES:

Enables Lee County and the FWS to continue a partnership to provide interpretive programs to enhance public awareness about other Florida endangered species to the children and other visitors to Manatee Park.  (#20030314-Parks and Recreation)

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Request authorization to advertise for and conduct a Public Hearing on Tuesday, April 22, 2003, at 5:00 p.m., in Chambers to enact a Reviser’s Ordinance Repealing Lee County Ordinance 74-4 for the reason that it is obsolete.

WHY ACTION IS NECESSARY:

Board must formally adopt Ordinance at a Public Hearing.

WHAT ACTION ACCOMPLISHES:

Sets April 22, 2003, at 5:00 p.m. for the Public Hearing date and time allows the process to go forward.  (#20030327-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

 

(a)

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).  (#20030335-Clerk of Courts)

 

 

ADMINISTRATIVE AGENDA

April 1, 2003

 

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve the recommendation of the County’s traffic engineering consultant and staff for access management on Bonita Beach Road (between Oakland Drive and Imperial Street) that would install a new traffic signal on Bonita Beach Road at Quinn Street; configure the median opening at Downs Avenue/Home Depot Access to only allow left- turn movements from Bonita Beach Road to the north and south; and, allow an opening in the median at the eastern access point of the Flamingo Flea Market to only permit a southbound left-turn onto Bonita Beach Road.  Additionally, approve the recommendation that a traffic signal can be installed at the eastern access point of the Flamingo Flea Market provided that the parties involved in ownership or management pay all costs for the design and construction of the traffic signal.

WHY ACTION IS NECESSARY:

At the Joint Meeting of the Board of County Commissioners and the Bonita Springs City Council, the Board of County Commissioners asked that these issues be brought back to a regular Board of County Commissioner’s meeting for consideration.

WHAT ACTION ACCOMPLISHES:

Establishes an access management plan for Bonita Beach Road from Imperial Boulevard to Oakland Drive to be used in conjunction with the planned widening of Bonita Beach Road.  (#20030310-Transportation)

 

 

(b)

ACTION REQUESTED:

Approve and authorize the creation of seven full time and two part time positions to staff the nighttime flagging of truck traffic across the Sanibel Bridge and operation of a weigh station.

WHY ACTION IS NECESSARY:

Due to concerns over structural stability of the Sanibel Bridge, according to the DOT Consultant, only a single truck, over certain weight limits, can cross the bridge at one time.

WHAT ACTION ACCOMPLISHES:

Allows DOT to continue to permit the crossing of over weight trucks to deliver services to Sanibel and Captiva.  (#20030293-Transportation)

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

 

(a)

ACTION REQUESTED:

To approve by Resolution, the donation and transfer of 18.98+ acres of real property located in Veteran’s Park, Lehigh, Lee County, Florida to the Lee County School Board.  Florida Statute §125.38 allows the Board to convey real property to another governmental entity for nominal consideration, where the conveyance is in the “community interest”. To execute the Interlocal and Subordination Agreement between Lee County and the Lee County School Board for the donation of the property and to formalize and effectuate transfer by County Deed.

WHY ACTION IS NECESSARY:

To obtain Board of County Commissioners’ approval for the donation of real property by Resolution, provided the Board determines that transferring the property to the School Board is in the public interest.

WHAT ACTION ACCOMPLISHES:

Transfers ownership of 18.98 acres of real property located in Lehigh Florida to the Lee County School Board so that the property can be used for a public school (subject to a reverter clause).  (#20030246-Parks and Recreation)

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Approve the Amended Resolution of Necessity for the acquisition and condemnation of parcels required for the Veronica S. Shoemaker Boulevard (formerly known as Palmetto Avenue Extension) Project, No. 4073.

WHY ACTION IS NECESSARY:

The Board must formally approve the Amended Resolution of Necessity prior to proceeding with condemnation of parcels necessary for the project.

WHAT ACTION ACCOMPLISHES:

Allows the County to proceed with condemnation, if necessary, so parcels can be acquired for the Veronica S. Shoemaker Boulevard (formerly known as Palmetto Avenue Extension) Project, No. 4073.  (#20030281-County Attorney)

 

 

(b)

ACTION REQUESTED:

Approve negotiated settlement in Lee County v. Vision XXIII, et al; Case No. 02-10642 CA-LG (Parcels 100 and 101).

WHY ACTION IS NECESSARY:

Board must approve settlement.

WHAT ACTION ACCOMPLISHES:

Settles all claims for Parcels 100 and 101, except attorney fees.  (#20030325-County Attorney)

 

 

(c)

ACTION REQUESTED:

Approve settlement in Lee County v. Dennis G. Harrelson, Trustee, et al; Case No. 01-4196 CA-JBR (Parcel 9/Aloia).

WHY ACTION IS NECESSARY:

Board must approve all settlements.

WHAT ACTION ACCOMPLISHES:

Settles all claims, including fees and costs, for acquisition of Parcel 9.  (#20030326-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

 

(a)

ACTION REQUESTED:

Approve funding an Assistant State Attorney who will expedite 60 cases a month for early disposition.  Authorize transfer from General Fund Reserves in the amount of $56,328 for the period of May 1, 2003 through September 30, 2003.  Projected cost for this position is $138,368 including fringes for FY 03-04.

WHY ACTION IS NECESSARY:

Average daily inmate population continues to increase despite jail management efforts due to this area’s tremendous growth. State Attorney has the ability to free up an experienced prosecutor for this Accelerated Case Resolution initiative if the County will reimburse the State 100% of the cost.

WHAT ACTION ACCOMPLISHES:

Approval will allow the State Attorney to assign an experienced prosecutor to the intake, charging and Accelerated Case Resolution program to expedite cases.  Early case disposition by an average of 49 days for 300 defendants annually would result in future jail expansion cost savings.  This should relieve some overcrowding and daily cost, which would give the Board of County Commissioners extended time before new jail space is required without compromising the safety and welfare of citizens.  (#20030344-State Attorney)