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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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November 12, 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: |
Pastor
Paul Dissington |
Grace
United Methodist Church |
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Pledge
of Allegiance |
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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
of items pulled for discussion |
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Walk-ons
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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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ACTION REQUESTED: Conduct second public hearing on the Second
Amendment to the FGCU Campus Development Agreement. Approve proposed amendment and authorize Chairman to sign
agreement. (#20021180-County
Attorney) |
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Adjourn
until 5:00 PM |
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November 12, 2002
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1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Adopt a resolution to amend Lee County
Administrative Code 3-17 Grant Program Administrative Procedures. WHY ACTION IS NECESSARY: Board of County
Commissioner’s must approve amendments to the Lee County Administrative Code. WHAT ACTION
ACCOMPLISHES: Amends Administrative Code 3-17 Grant Program
Administrative Procedures to update
Grant Procedures and responsibilities
(#20021200-Budget Services) |
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ACTION
REQUESTED: Request Board of County Commissioners to adopt a
resolution authorizing a new Commercial Paper Draw (A-13-2-Fund 35211
University Overlay Landscaping Proceeds) and maturity date that refunds a
previous loan (A-13-1 – Fund 35212
University Overlay Landscaping Debt Expense) for the University Overlay MSBU
project and approve budget amendments. WHY ACTION
IS NECESSARY: The current Commercial Paper Draw (A-13-1) expires
on December 3, 2002 and needs to be extended to December 2, 2003. WHAT ACTION
ACCOMPLISHES: Allows the Commercial Paper Draw maturity date for
the University Overlay MSBU to be extended.
(#20021258-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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ACTION
REQUESTED: Accept a Petition VAC2002-00049 to vacate (3)
12-foot wide Public Utility Easements common to Lots 6/7, 7/8 and 8/9, Block
10, Unit 5, a subdivision of Lehigh Acres, in Lehigh Acres, Florida. Adopt a Resolution setting a Public
Hearing for 5:00 p.m. on the 10th day of December 2002. WHY ACTION
IS NECESSARY: To develop a commercial business on the combined
lots. The vacation of these Public Utility Easements will not alter
existing utility conditions and the easements are not necessary to
accommodate any future utility requirement. WHAT ACTION
ACCOMPLISHES: Setting the time and date of the Public
Hearing. (#20021172-Development
Services) |
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ACTION
REQUESTED: Accept a Petition #VAC2002-00047 to Vacate a
Public Utility and Drainage Easement common to Lots 6 & 7, Block 72, Unit
13, a subdivision of Lehigh Acres and adopt a Resolution setting a Public
Hearing for 5:00 p.m. on the 10th day of December 2002. WHY ACTION
IS NECESSARY: Vacating this easement will eliminate the
encroachment of a home and play house that was built in 1985 and will also
provide clear title for the property. The vacation of the Public Utility and
Drainage Easement will not alter existing utilities or drainage and the
easement is not necessary to accommodate any future utility or drainage requirement. WHAT ACTION
ACCOMPLISHES: Sets the time and date of the Public Hearing. (#20021217-Development Services) |
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5. |
HUMAN
SERVICES |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Accept by donation four (4) Perpetual Beach Storm
Damage Reduction Easements, for the Gasparilla Island Beach Restoration
Project No. 3023; authorize the Division of County Lands to handle and accept
all documentation necessary; authorize necessary recording fees. WHY ACTION
IS NECESSARY: To secure permanent easements along Boca Grande on
Gasparilla Island for the proposed beach renourishment project. WHAT ACTION
ACCOMPLISHES: Acquisition of necessary permanent easements from benefited property owners along Gasparilla Island and securing Federal Funding for a portion of the project. (#20021141-County Lands) |
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ACTION
REQUESTED: Accept by donation, five (5) Fifty Year Beach
Storm Damage Reduction Easements, for the Estero Island Beach Restoration
Project No. 3022; authorize the Division of County Lands to handle and accept
all documentation necessary; authorize necessary recording fees. WHY ACTION
IS NECESSARY: To secure easements along Fort Myers Beach on
Estero Island for the proposed beach renourishment project. WHAT ACTION
ACCOMPLISHES: Acquisition of necessary easements from benefited
property owners along Fort Myers Beach and securing Federal Funding for the
project. (#20021142-County Lands) |
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ACTION
REQUESTED: Approve
the recommendations of the Conservation Lands Acquisition and Stewardship
Advisory Committee to pursue the acquisition of approximately 77 acres in
North Fort Myers located between the Powell Creek Drainage Canal and Hart
Road. Authorize the Division of
County Lands to begin the acquisition process for the property known as
Conservation 20/20 Nomination 217. WHY ACTION IS NECESSARY: Required
by Lee County Ordinance 96-12. WHAT
ACTION ACCOMPLISHES: Begins
the process of negotiation and purchase of certain, identified
environmentally sensitive lands as set forth by County Ordinance 96-12 and
the Conservation 20/20 Program.
(#20021239-County Lands) |
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7. |
PUBLIC
SAFETY |
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ACTION REQUESTED: Authorize Chairman to execute an agreement with
the Florida Department of Community Affairs to fund the conversion of
hurricane preparedness materials to comply with the American’s with
Disabilities Act (ADA). Approve
budget amendment resolution in like amount. WHY ACTION IS NECESSARY: Commission Chairman=s signature is required to execute the Grant Contract. WHAT THE ACTION ACCOMPLISHES: Provides funding to make hurricane preparedness
materials accessible to hearing-impaired and visually impaired learners. (#20021120-Public Safety) |
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8. |
SOLID
WASTE-NATURAL RESOURCES |
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ACTION REQUESTED: Approve Supplemental Agreement No. 12 to the
Professional Services Agreement (Contract No. 123) with Malcolm Pirnie, Inc.
(MPI) for a one-year Not-To-Exceed amount of $178,000.00 for Operations
Monitoring/Reporting and $105,347.00 for “as needed” engineering
services. This Supp. Agrmt. provides
for two, one-year extensions upon authorization of the Solid Waste
Division Director for the same scope and budget. WHY ACTION IS NECESSARY: To provide technical assistance to the Solid Waste
Division for WTE operations monitoring, Solid Waste Disposal Facility
Assessment Program, reports to Bond Trustee, Periodic and Annual reports to
the County, and other Solid Waste System engineering support. WHAT ACTION ACCOMPLISHES: Extends MPI’s agreement to provide required
technical support to the Solid Waste Division. (#20021254-Solid Waste) |
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9. |
TRANSPORTATION |
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10. |
UTILITIES
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11. |
PARKS AND
RECREATION |
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ACTION
REQUESTED: Request Board approve receipt and use of $10,000 scholarship awarded to the Family Connection Center by the Southwest Florida Community Foundation. Approve Budget Amendment resolution in the amount of $10,000.00. WHY ACTION
IS NECESSARY: To formalize the acceptance of grant award monies
to expand current services and institute a pilot program called the Family
Mentor Project. Existing staff will
implement and therefore no additional paid staff will be required for this
program. WHAT ACTION
ACCOMPLISHES: Allows Family Connection Center to offer a pilot
service to families receiving supervised visitation. The goals of this pilot project are to
assess a family’s ability to reunify and provide a more rapid permanency for
children in the foster care system.
This project will begin in December and continue for a minimum of six
months. (#20021224-Parks &
Recreation) |
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ACTION REQUESTED: Request Board approval for a grant between Lee
County and the Florida Department of Education. Approve budget resolution in
the amount of $120,000.00, in account string 11070615500.50XXX and a revenue
string, 11070615500.334720.9003. This grant is for the Adult Education and
Family Literacy Community Technology Program at Schandler Hall. WHY ACTION IS NECESSARY: Board is required to approve all grants and to
formalize the acceptance of the grant to provide a service to the community. WHAT ACTION ACCOMPLISHES: To provide an education and literacy program to
the residents of Lee County.
(#20021212-Parks and Recreation) |
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12. |
COUNTY
ATTORNEY |
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ACTION REQUESTED: Approve an Interlocal Agreement between San Carlos
Park Fire Protection and Rescue Service District and Lee County. Approve transfer from EMS Impact Fees
Reserves in the amount of $100,000.00 WHY ACTION IS NECESSARY: The Board of County Commissioners approves
Interlocal Agreements. WHAT ACTION ACCOMPLISHES: Provides Lee County with much needed space for the
use and benefit of emergency vehicles in the event of a storm, civil
emergency or forced lock-down.
(#20021234-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). (#20021289-Clerk of
Courts) |
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November
12, 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-02-28, IT & TELECOMMUNICATION
OUTSOURCING SERVICES, and authorize contract negotiations to commence with
the number one ranked firm. 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: Consultant will provide comprehensive, integrated
information technology and telecommunication services in support of Lee
County’s business and operational needs.
(#20021282-County Manager) |
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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: Authorize the Chairman to amend an agreement with
East Lee County Council revising the scope of services and budget for the
Palm Beach Boulevard Community Plan. WHY ACTION IS NECESSARY: Section 3.1 of Administrative Code 13-3 requires
contract approval by the Board of County Commissioners. WHAT THE ACTION ACCOMPLISHES: Sets forth a revised scope of services and a
revised budget for the Palm Beach Boulevard Community Plan. (#20021081-Planning) |
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ACTION
REQUESTED: Amend External Fees Manual
(Administrative Code 3-10) to establish a fee for hurricane shutter permits. WHY
ACTION IS NECESSARY: The current fee manual does
not contain a fee. Board action is
required to establish fees for Community Development. WHAT THE ACTION ACCOMPLISHES: Allows
County to recuperate cost of permit review and inspections required by new
building code. (#20021242-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: Direct amendments to the
Land Development Code (LDC) pertaining to the Fire and EMS Impact Fee
Update. Recommended hearing dates are
as follows: LDC Advisory Committee (LDCAC): 11/8/02; Management &
Planning (M&P): 11/4/02; Executive Regulatory Oversight Committee (EROC):
11/13/02; Local Planning Agency: 11/25/02; First Public Hearing: 11/26/02;
Second Public Hearing: 12/10/02. WHY ACTION IS NECESSARY: Public hearings are required to adopt amendments
to the LDC. WHAT ACTION ACCOMPLISHES Sets hearings dates for the Board of County
Commissioners for advertising purposes.
(#20021266-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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PUBLIC AGENDA
NOVEMBER 12, 2002
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5:00
PM |
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Public
Hearing |
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ACTION
REQUESTED: Adopt a Resolution on Petition VAC2002-00039 to
Vacate a 12-foot wide Public Utility and Drainage Easement on the common lot
line between Lots 22 and 23, Block 35, Unit 9, a subdivision of Lehigh Acres. WHY ACTION IS NECESSARY: To develop a single-family residential building
site. The vacation of the public
utility and drainage easement will not alter existing utilities or drainage
and the easement is not necessary to accommodate any future utility or
drainage requirements. WHAT THE ACTION ACCOMPLISHES: Vacates a 12-foot wide Public utility and Drainage
Easement. (S35-T44S-R27E) (#5) (#20021197-Development Services) |
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Public
Hearing |
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ACTION REQUESTED: Adopt a Resolution on Petition VAC2002-00030 to Vacate four (4) Public Utility Easements located in the Glen Abbey Subdivision at Fiddlesticks Country Club. WHY ACTION IS NECESSARY: The Developer has revised
the Fiddlesticks Site Plan to relocate proposed multi-family units,
therefore, the Public Utility Easements are no longer required. The vacation of these Public Utility
Easements will not alter existing conditions and the easements are not
necessary to accommodate any future requirements. WHAT THE ACTION ACCOMPLISHES: Vacates (2) 12-foot and (2) 10-foot wide Public
Utility Easements. (#20021198-Development
Services) |
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Public
Hearing |
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ACTION
REQUESTED: Adopt a Resolution on Petition #VAC2002-00031 to
Vacate a 3.5’ x 36’ portion of a 15-foot Drainage Easement located on Lot 28,
Block D, West Bay Club Subdivision. WHY ACTION
IS NECESSARY: In order to complete construction of a pool deck. The vacation of the portion of the
Drainage Easement is not necessary to accommodate any future drainage
requirement. WHAT ACTION
ACCOMPLISHES: Vacates a portion of the Drainage Easement. (S05-T47S-R25E) (#3)
(#20021206-Development Services) |
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Public
Hearing |
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ACTION
REQUESTED: Consider adoption of a Resolution creating the
Gasparilla Beach Re-nourishment MSBU.
Approve associated Budget Amendment Resolutions. WHY ACTION
IS NECESSARY: Board of County Commissioners must authorize the
Creation of Municipal Services Benefit Units. WHAT ACTION
ACCOMPLISHES: Allows staff to proceed with project. (#20021255-MSTBU Services) |
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Public
Hearing |
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ACTION REQUESTED: Conduct public hearing to consider and adopt a
County Ordinance amending Lee County Ordinance Nos. 93-07 and 98-16 relating
to the Lee County Public Guardianship Program. WHY ACTION IS NECESSARY: A public hearing is necessary for the Board of
County Commissioners to adopt and/or amend County Ordinances. WHAT ACTION ACCOMPLISHES: Complies
with changes to Florida Statutes. (#20021251-County Attorney) |
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Public
Hearing |
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ACTION REQUESTED: Conduct a public hearing and consider the adoption
of an Ordinance replacing Lee County Ordinance No. 87-3, as amended, for
establishing and adjusting rates, fees and charges for the Lee County Water
and Sewer System. WHY ACTION IS NECESSARY: Since the adoption of Lee County Ordinance No.
87-3, and its amendments, several changes have been made to General Law with
respect to notice for the adoption of utility rates, and the several Lee
County Utility Systems have been consolidated into the combined, unified
System that is in place today. WHAT ACTION ACCOMPLISHES: Provides the County with a legally and factually
accurate and up-to-date Ordinance for the establishing and adjusting of the
rates, fees and charges for the consolidated Lee County Water and Sewer
System. (#20021145-County Attorney) |
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Public
Hearing |
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ACTION REQUESTED: Conduct a public hearing pursuant to Section
125.3401, F.S., to consider the adoption of a Resolution of Authorization for
the County’s proposed purchase of the Gateway Services Community Development
District’s (“GSD”) wastewater facilities and associated lands located within
the Gateway Development, Lee County, Florida. Approve and authorize the Chairman to execute a Purchase and
Sale agreement with GSD for the County’s purchase of its wastewater
infrastructure lying within the Gateway Development. Consider for approval and authorize the
Chairman’s execution of an Agreement with GSD for the County’s sale of
wastewater treatment services to GSD for the GSD Sewer System, once
acquired. Authorize the Chairman or
the Vice-Chairman and County staff and consultants to perform all authorized,
necessary actions, and develop and execute all required additional documents
consistent with the Board’s directions for the purchase of the GSD wastewater
infrastructure and associated lands within the Gateway Development. WHY ACTION IS NECESSARY: Board of County Commissioners’ approvals are
required for the County’s purchase of a portion of a unit of local government’s
wastewater utility system. WHAT ACTION ACCOMPLISHES: Provides necessary, required approvals and
authorizations for the County to continue with the process for the closing on
the purchase of the wastewater treatment infrastructure and associated lands
owned by GSD within the Gateway Development.
(#20021160-County Attorney) |
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Public
Hearing |
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ACTION REQUESTED: Adopt a resolution on VAC2002-00015 to vacate the
southernmost portion of a sixty-foot wide platted right-of-way known as
Orange Grove Boulevard in the platted subdivision of LOCHMOOR, Unit1 and
accept a replacement easement and cul-de-sac. WHY ACTION IS NECESSARY: To construct a gated entrance for a proposed
condominium development with 226 units in two multi-story buildings. The vacation of this right-of-way will not
alter existing drainage or utilities; nor is this right-of-way necessary to
accommodate any future drainage or utility requirements. A replacement easement has been granted to
cover existing utilities, and a new cul-de-sac will be provided in front of
the proposed guardhouse. WHAT ACTION ACCOMPLISHES: Vacates the right-of-way. (S21-T44-R24) (#4)
(#20021152-Development Services) |
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5:05
PM |
Public
Presentation of Matters by Citizens |
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Adjourn |
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