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District #1 Bob
Janes
Chairman |
District #2 Douglas St. Cerny |
District #3 Ray
Judah
Vice Chairman |
District #4 Andrew W. Coy |
District #5 John E. Albion |
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Donald D. Stilwell, County Manager |
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James
G. Yaeger, County Attorney |
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April 9, 2002 |
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: |
Reverend
Dennis Gingerich |
Cape
Christian Fellowship |
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Pledge
of Allegiance |
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Recap |
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Public
Comment on the Consent and Administrative Agenda |
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Consent
Agenda: |
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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
of items pulled for discussion |
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Administrative
Agenda |
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Walk-ons
and Carry-overs |
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Commissioners'
Items/Committee Appointments |
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County
Manager Items |
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County
Attorney Items |
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Presentation
by Dr. Douglas Wittacker, Executive Director of Curriculum/School Improvement
from the Lee County School District (#20020341-County Manager) |
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Adjourn
until 5:00 PM |
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5:00
PM |
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Public
Hearing
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ACTION REQUESTED: Adopt a resolution on Petition VAC2002-00005
vacating a twelve-foot wide public utility easement centered on the common
lot line separating lots 8 and 9 of Lehigh Acres Subdivision, Block 93, Unit
10, as recorded in Plat Book 15, Page 79 of the public records of Lee County,
Florida; LESS and EXCEPT, for the North six feet and South six feet thereof. WHY ACTION IS NECESSARY: To construct a residential structure spanning both
lots. The vacation of this
easement will not alter existing drainage or utilities; nor is this easement
necessary to accommodate any future drainage or utility requirements. WHAT ACTION ACCOMPLISHES: Vacates the easement. (S28-T44S-R26E)
(#5) (#20020270-Development
Services) |
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Public Hearing
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ACTION
REQUESTED: Adopt a Resolution on Petition VAC2001-00042 to
Vacate four 12’ wide Public Utility Easement common to lots 29, 30, 31, 32,
& 33, Block 28, Unit 4, Plat Book 12, Page 54, Lehigh Acres, Florida, as
recorded in the Official Records of Lee County, Florida. WHY ACTION
IS NECESSARY: To combine all of the lots into one commercial
building site. The vacation of the
public utility easement will not alter existing utilities and the easement is
not necessary to accommodate any future utility requirement. WHAT ACTION
ACCOMPLISHES: Vacates the easement. (S32-T44S-R27E)
(#5) (#20020259-Development
Services) |
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Public
Hearing |
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ACTION REQUESTED: Adopt
a Resolution on Petition VAC2001-00058 to Vacate a 12’ wide Public Utility
and Drainage Easement common to Lots 6 & 7, Block 13, Unit 2, Plat Book
18, Page 38, Lehigh Acres, Florida, as recorded in the Official Records of
Lee County, Florida. WHY ACTION IS NECESSARY: To
construct a Single Family Residence. The vacation of the Public Utility and Drainage easements will
not alter existing utilities or drainage and the easements are not necessary
to accommodate any future utility or drainage requirements. WHAT ACTION ACCOMPLISHES: Vacates
the easement. (S15-T45S-R27E) (#5)
(#20020260-Development Services) |
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Public
Hearing
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ACTION
REQUESTED: Adopt a Resolution on Petition VAC2001-00015 to
Vacate Beach Road Plaza frontage road as recorded in Official Record Book
2025, Pages 2984 - 2987 and Official Record Book 2133, Pages 3105 - 3109B, in
the Public Records of Lee County, Florida and accept a replacement
ingress/egress easement. WHY ACTION
IS NECESSARY: To allow the Beach Road Plaza property owner to
locate a sign closer to Bonita Beach Road than would be permissible with the
frontage road. The sign will still meet the minimum setback requirement from
Bonita Beach Road. Lee County
Department of Transportation has determined the vacation of the frontage road
will not alter traffic conditions and the easements are not necessary to
accommodate any future traffic requirement. WHAT ACTION
ACCOMPLISHES: Vacates the frontage road and accepts a
replacement ingress/egress easement.
(S04-T48S-R25E) (#3) (#20020312-Development Services) |
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Public
Hearing
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ACTION REQUESTED: Adopt a Resolution on Petition Vac2001-00022 to
vacate a 60' Right of Way known as Tech Road, for 340' along lot 3, Block 28,
Buckingham Air Park Northeast Section, as recorded in Plat Book 9, Page 64 of
the Public Records of Lee County Florida, Section 16, Township 44, Range 26,
and accept the replacement easement.
Located along the north east side of 6720 Cadet Ave. WHY ACTION IS NECESSARY: The Right of Way (ROW) is currently undeveloped
and the applicant wishes to utilize the ROW to pave an extension to an
existing taxiway that is located on a previously vacated section of Tech
Road. This extension will enable
residents to move their aircraft from the runway to their on-lot private
storage facilities. WHAT THE ACTION ACCOMPLISHES: Vacates the easement. (S16-T44-R26) (#5) (#20020324-Development Services) |
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5:05
PM |
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Public
Hearing |
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ACTION
REQUESTED: Conduct second public hearing on proposed
amendments to the Land Development Code (LDC) pertaining to excavation
regulations and authorize publication of amendments. WHY ACTION
IS NECESSARY: Two public hearings are required under Florida Law
to adopt amendments to the LDC. WHAT ACTION
ACCOMPLISHES: Allows for discussion and public input on proposed
amendments. (#20020300-County Attorney) |
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5:05
PM |
Public
Presentation of Matters by Citizens |
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Adjourn |
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CONSENT AGENDA
April 9, 2002
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1. |
COUNTY ADMINISTRATION |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION
REQUESTED: Approve Change Order No. 1 to Contract No. 1928 to
Architectural Concepts, Inc for CN-02-01 Lee County Constitutional Complex
Renovations in the amount of $136,710.
Also approve Budget Resolution in the amount of $1,300,000 for Lee
County Tax Collector’s contribution to the renovation of the complex and
amend FY 01/02 – 05/06 CIP accordingly. 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
Change Orders in excess of $50,000 to Professional Services Agreements. WHAT ACTION
ACCOMPLISHES: Allows the department to authorize the consultant
to proceed with preparing all of the design and documentation necessary to
renovate the Lee County Constitutional Complex. (#20020234-Construction and Design) |
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ACTION REQUESTED: Award the Construction Management Agreement under
RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, for
the project known as Lee County Utilities Customer Service Facility to Gary
Wilkes Inc., for the Guaranteed Maximum Price (GMP) of $829,123.00 (includes
the CM fee). 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 level four authorization
will be executed through the formal process. WHAT ACTION ACCOMPLISHES: Provides the County with a Construction Manager
that will provide for the construction of a 5,307 square foot customer
service building and drive-thru facility for Lee County Utilities. (#20020293-Construction & Design) |
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ACTION
REQUESTED: Award and authorize staff to enter into a
Construction Manager Agreement for RFQ-02-03 Lee County Constitutional
Complex, for the Dept. of Construction & Design, to Casey Construction
for the sum of seven percent (7%) of the total construction cost of the
project. 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 will be executed
through the formal advertised process. WHAT ACTION
ACCOMPLISHES: This project entails renovations to the first
floor of the Lee County Constitutional Complex to provide improved customer
service. The total affected first
floor area encompasses approximately 28,000 square feet. The work will include the reconfiguration
and/or the installation of new architectural, structural, plumbing,
mechanical, fire protection, electrical, telecommunications and security
systems. (#20020292-Construction
& Design) |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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ACTION
REQUESTED: Accept Petition VAC2002-00006 to Vacate a
Twelve-foot wide Public Utility Easement centered on the common lot line
between Lots 6 and 7, Block 31, unit 3, in Lehigh Park, a subdivision of
Lehigh Acres, as recorded in Plat book 15, at Page 66, and adopt a Resolution
setting a Public Hearing for 5:00 p.m. on the 14th day of May,
2002. WHY ACTION
IS NECESSARY: To combine adjacent lots into one residential
building site. The vacation of the
Public Utility Easement will not alter existing utilities and the easement is
not necessary to accommodate any future utility requirement. WHAT ACTION
ACCOMPLISHES: Vacates the Public Utility Easement. (#20020319-Development Services) |
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5. |
HUMAN SERVICES |
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ACTION REQUESTED: Approve Program Amendments to Lee County's HUD
CDBG Program for HUD Fiscal Year 2000, 2001 activities and authorize the
Chairman to sign the HUD Transmittal Letter and subrecipient contracts if
any. WHY ACTION IS NECESSARY: HUD regulations and the County Administrative Code
15-2 require Board approval for significant HUD CDBG Program amendments WHAT ACTION ACCOMPLISHES: Allows for reallocation of funds to prioritized
activities. (#20020320-Human
Services) |
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6. |
INDEPENDENT |
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ACTION REQUESTED: Approve reconveyance of a property originally
donated for a right of way easement located in Section 3, Township 44 South,
Range 24 East; authorize Chairman to execute County Deed; authorize County
Lands Division to handle and complete all documentation necessary to finalize
this transaction. WHY ACTION IS NECESSARY: The current property owners have requested the
return of this easement in accordance with F.S. 255.22. Board execution of the county deed is
necessary to transfer a county interest in the property. WHAT ACTION ACCOMPLISHES: Extinguishes the county’s easement in
property. (#20020135-County Lands) |
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ACTION REQUESTED: Accept the donation of Parcel 100 E consisting of
two perpetual easements for the Cypress Lake Drive Widening, Project No.
4064; pay necessary costs and fees to
close; authorize the Division of County Lands to handle and accept all
documentation necessary to complete this transaction. WHY ACTION IS NECESSARY: The easements are needed for the Cypress Lake
Drive Widening, Project No. 4064. All
real estate acquisitions must be approved by the Board of County
Commissioners pursuant to Florida Statute. WHAT ACTION ACCOMPLISHES: Acquires the easements during the voluntary phase
of the project, thereby the Board avoids the need to exercise its power of
Eminent Domain at a future date.
(#20020199-County Lands) |
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ACTION REQUESTED: Approve payment of $5099 to the Agency for Health
Care Administration (AHCA) for an inactive permit during the period of 2/01
to 12/01, for the storage of medical supplies for treating and euthanizing
animals in the custody of Lee County Animal Services. WHY ACTION IS NECESSARY: Authorization of Board is required before
dispersing payment to AHCA. WHAT ACTION ACCOMPLISHES: Resolves Agency for Health Care Administration
inactive permit case PH 200200004.
(#20020335-Animal Services) |
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7. |
PUBLIC SAFETY |
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ACTION
REQUESTED: Request Board to execute Interlocal Agreement with
Bonita Springs Fire Control & Rescue District. WHY ACTION
IS NECESSARY: Interlocal Agreement is necessary for the
disbursement of EMS County Award Grant monies. WHAT ACTION ACCOMPLISHESApproval authorizes the disbursement of $4,130.00
in grant monies to Bonita Springs Fire Control & Rescue District. (#20020276-Emergency Medical Services) |
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ACTION
REQUESTED: Request Board to execute Interlocal Agreement with
Estero Fire Rescue. WHY ACTION
IS NECESSARY: Interlocal Agreement is necessary for the
disbursement of EMS County Award Grant monies. WHAT ACTION
ACCOMPLISHES: Approval authorizes the disbursement of $4,130.00
in grant monies to Estero Fire Rescue.
(#20020277-Emergency Medical Services) |
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ACTION
REQUESTED: Request Board to execute Interlocal Agreement with
San Carlos Park Fire Protection & Rescue Service District. WHY ACTION
IS NECESSARY: Interlocal Agreement is necessary for the
disbursement of EMS County Award Grant monies. WHAT ACTION
ACCOMPLISHES: Approval authorizes the disbursement of $4,130.00
in grant monies to San Carlos Park Fire Protection & Rescue Service
District. (#20020278-Emergency
Medical Services) |
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ACTION REQUESTED: Request Board to execute Interlocal Agreement with
South Trail Fire Protection & Rescue Service District. WHY ACTION IS NECESSARY: Interlocal Agreement is necessary for the
disbursement of EMS County Award Grant monies. WHAT ACTION ACCOMPLISHES: Approval authorizes the disbursement of $4,130.00
in grant monies to South Trail Fire Protection & Rescue Service
District. (#20020279-Emergency Medical
Services) |
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ACTION
REQUESTED: Request Board to execute Interlocal Agreement with
Fort Myers Beach Fire Control District. WHY ACTION
IS NECESSARY: Interlocal Agreement is necessary for the
disbursement of EMS County Award Grant monies. WHAT ACTION
ACCOMPLISHES: Approval authorizes the disbursement of $7,231.00
in grant monies to Fort Myers Beach Fire Control District. (#20020281-Emergency Medical Services) |
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ACTION
REQUESTED: Request Board to execute Interlocal Agreement with
Lehigh Acres Fire Control and Rescue District. WHY ACTION
IS NECESSARY: Interlocal Agreement is necessary for the
disbursement of EMS County Award Grant monies. WHAT ACTION
ACCOMPLISHES: Approval authorizes the disbursement of $7,231.00
in grant monies to Lehigh Acres Fire Control and Rescue District. (#20020282-Emergency Medical Services) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION REQUESTED: Approve Change Order No. 1 with Subaqueous
Services Inc., under contract #2026 (B-02-06) BROADWAY & HOGUE CHANNEL
DREDGING, in the amount of $86,640.00, for a revised total contract amount of
$328,190.00. WHY ACTION IS NECESSARY: Pursuant to Lee County Contract Manual, approved
on September 25, 2001, Board approval is required for Change Orders in excess
of $50,000.00. WHAT ACTION ACCOMPLISHES: To amend the specifications of removal amounts
from 11,700 cubic yards to a total of 21,572 cubic yards of material and to
amend specification for dredge footprint.
(#20020297-Natural Resources) |
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9. |
TRANSPORTATION |
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ACTION REQUESTED: Approve memorandum of understanding from Florida
Department of Transportation for $1,000,000.00 interest free loan from the
Toll Facilities Revolving Trust Fund.
Amend CIP for FY 02 – 06 to create the Sanibel Toll Facility Plaza
Rehabilitation and the Cape Coral Toll Facility Rehabilitation projects. Approve authorizing resolution and budget
amendment resolution for the chairman to execute on behalf of the BoCC. WHY ACTION
IS NECESSARY: Requires BoCC approval for agreements and
amendments to the CIP. WHAT ACTION
ACCOMPLISHES: Allows Department of Transportation interest free
money for the design of the Sanibel Toll Facility Rehabilitation and the Cape
Coral Toll Facility Rehabilitation.
(#20020275-Transportation) |
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ACTION
REQUESTED: Amend CIP for FY 02-06 to create the Gladiolus
project. Approve transfer from
reserves in the Transportation Capital Improvement Fund in the amount of
$745,000. WHY ACTION
IS NECESSARY: Requires BOCC approval for amendments to the CIP. WHAT ACTION
ACCOMPLISHES: Allows Department of Transportation to accelerate
funding for the Gladiolus widening project from Winkler to Pine Ridge
Road. (#20020295-Transportation) |
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10. |
UTILITIES |
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ACTION REQUESTED: Approve final acceptance by resolution as a
donation of a water distribution system, and a gravity collection system
serving Legends, Tract ‘L-1’. This is
a developer contributed asset and the project is 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. (#20020268-Utilities) |
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ACTION REQUESTED: Approve construction of a water distribution
system to serve the Southwest Florida International Airport Terminal
Expansion Construction Compound. This
is a Lee County Port Authority contributed asset and the project is located
on the south side of Daniels Parkway along Chamberlin Parkway within the Port
Authority property boundaries. WHY ACTION IS NECESSARY: To provide potable water service and fire
protection to the proposed construction compound. WHAT ACTION ACCOMPLISHES: Complies with the Lee County Utilities Line
Extension Policy and provides adequate water infrastructure to support
development of the subject property.
(#20020298-Utilities) |
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ACTION
REQUESTED: Approve
final acceptance, by Resolution, and recording of a Utility Easement as a
donation for one 4” diameter fire line serving Legends, Tract ‘E’. This is a developer contributed asset and
the project is 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 fire protection to this phase of the recently constructed residential
development. WHAT
ACTION ACCOMPLISHES: Places
the fire line into operation and complies with the Lee County Utilities
Operations Manual.
(#20020299-Utilities) |
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11. |
PARKS AND RECREATION |
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12. |
COUNTY ATTORNEY |
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13. |
HEARING EXAMINER |
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14. |
PORT AUTHORITY |
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15. |
CONSTITUTIONAL OFFICERS |
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ACTION REQUESTED: 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). (#20020339-Clerk of Courts) |
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ADMINISTRATIVE AGENDA
April 9, 2002
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1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Concur with the ranking of Consultants by the
Competitive Negotiations Committee for CN-02-11 VCB INQUIRY PROCESSING AND
ELECTRONIC FULFILLMENT, in the following order of ranking and authorize
contract negotiations with the number one ranked firm: (1) Phase V, and (2)
Protocol. Further, authorize Chairman
on behalf of the Board to execute an agreement for an amount not-to-exceed $175,000.00,
with a contract period of three (3) years with the option to renew for two
(2) additional one (1) year periods.
This project is solely funded by the Tourist Tax. WHY ACTION
IS NECESSARY: Pursuant to Administrative Code AC-4-4 Lee County
Contracts Manual, approved by the Board on September 25, 2001, the Board is
required to approve all Consultant rankings. WHAT ACTION
ACCOMPLISHES: The Consultant awarded this project will provide
an inbound telemarketing system for promoting travel to Lee County. (#20020265-VCB) |
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ACTION REQUESTED: Approve a resolution rescinding Resolution Nos.
92-01-16 and 95-11-24 that established the Veterans Advisory Committee and
changed the term of office for committee members. WHY ACTION IS NECESSARY: No longer an active committee and should be
sunset. WHAT ACTION ACCOMPLISHES: Sunsets the Veterans Advisory Committee. (#20020272-Veterans 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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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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10. |
UTILITIES |
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11. |
PARKS AND RECREATION |
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12. |
COUNTY ATTORNEY |
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ACTION REQUESTED: Approve mediated settlement in Lee County vs.
Upsall, et al., Case No. 95-8173 CA WCM Parcel B for $28,215.00. Also, approve transfer from reserves in
the amount of $14,615.00 in the Transportation Capital Improvement Fund. WHY ACTION IS NECESSARY: To approve mediated settlement. WHAT ACTION ACCOMPLISHES: Resolve all issues in this case. (#20020284-County Attorney) |
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ACTION REQUESTED: Reject settlement demand in Lee County v. Baird;
Case No. 00-4719-CA-LG, and authorize
proposal for settlement. WHY ACTION IS NECESSARY: To respond to owner’s settlement demand and
authorize County Attorney to file a proposal for settlement. WHAT ACTION ACCOMPLISHES: Rejects owner’s settlement demand of $950,000.00
and authorizes proposal for settlement of $750,000.00. (#20020314-County Attorney) |
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13. |
HEARING EXAMINER |
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ACTION REQUESTED: Approve transfer of $50,000 from reserves to
Hearing Examiner FY’01-02 budget to cover unanticipated court reporting
expenses due to the large number of multi-day hearings, requiring
transcripts. WHY ACTION IS NECESSARY: Based on prior budget history, $44,000 was
budgeted for court reporting expenses. By the end of March 2002, only six
months into this fiscal year, these funds plus an additional $6,000 (from
other budget line items), for a total of $50,000, have either been spent or
committed for reporting services and/or official transcripts for zoning hearings.
Department is required, by LDC Section 34-144, to provide for stenographic
recording of these hearings. WHAT ACTION ACCOMPLISHES: Allows Hearing Examiner’s Office to continue
hearing zoning cases for the remaining six months of fiscal year. (#20020330-Hearing Examiner) |
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14. |
PORT AUTHORITY |
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15. |
CONSTITUTIONAL OFFICERS |
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