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District #1 Bob
Janes
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District #2 Douglas St. Cerny |
District #3 Ray
Judah
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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 26, 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
AM |
Invocation: |
Stephen
Caldwell, Associate Minister |
Gulf
Coast Church of Christ on McGregor |
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Pledge
of Allegiance |
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Recap |
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Public
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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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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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CONSENT
AGENDA
November 26, 2002
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1. |
COUNTY ADMINISTRATION |
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2. |
CONSTRUCTION AND DESIGN |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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ACTION
REQUESTED: Adoption of Resolution that consents to the
actions taken by the Housing Finance Authority of Lee County, Florida
pertaining to the issuance of Multi-Family Mortgage Revenue Bonds Series 2003. WHY ACTION
IS NECESSARY: Ratification of such action is required under
Florida Statutes Chapter 159. WHAT ACTION
ACCOMPLISHES: Action will allow the Housing Finance Authority of
Lee County, Florida to issue its Mortgage Revenue Bonds for multi-family
financing and to provide affordable housing opportunities for low, moderate
and middle income families in Lee County, Florida. (#20021253-Planning) |
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5. |
HUMAN SERVICES |
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ACTION
REQUESTED: Approve the budget resolutions for HUD CDBG in the
amount of $2,188,000 and HOME Entitlement in the amount of $619,000 grant for
the County fiscal year 2002-2003.
Board to approve creation of a budget resolution in order to accept
CDBG and HOME Entitlement dollars for FY 2002/2003. WHY ACTION
IS NECESSARY: To officially establish budget. WHAT ACTION
ACCOMPLISHES: This will enable Lee County’s HUD CDBG and HOME
Entitlement grants, County fiscal year 2002-2003 to be properly expended in
the correct budget categories. (#20021312-Human Services) |
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ACTION
REQUESTED: Approve amendments to Administrative Code 15-1,
Community Action Agency/Neighborhood District Committee. Approve corresponding Resolution. WHY ACTION
IS NECESSARY: Clarifies the roles and restructures the
composition of the Advisory Committee. WHAT ACTION
ACCOMPLISHES: Amends the administrative code to meet HUD
requirements, provides for effective communication between citizen committees
and the Department and rescinds obsolete committee structure. (#20021311-Human Services) |
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6. |
INDEPENDENT |
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ACTION REQUESTED: Approve the acquisition of Parcel 101-E by
accepting three 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: 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.
(#20021196-County Lands) |
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ACTION REQUESTED: Approve the public official bonds of certain
public officials as required by Florida Statute 137. WHY ACTION IS NECESSARY: Florida Statute 137 requires that the Board of
County Commissioners approve the bonds of certain elected officials,
including the office of County Commissioner. WHAT ACTION ACCOMPLISHES: Keeps Lee County in compliance with Florida
Statutes and completes one step in having the Commission papers issued by the
Secretary of State. (#20021320-Public
Resources) |
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7. |
PUBLIC SAFETY |
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ACTION REQUESTED: Authorize expenditures not to exceed $275,000.00
to upgrade the airframe of Lee County’s EMS BO105 CBS 4 helicopter to the
Super CBS 5 version. WHY ACTION IS NECESSARY: Expenditures over $50,000 must have board
approval, according to Section 9.4.1 of the Lee County Purchasing and Payment
Procedures Manual. WHAT ACTION ACCOMPLISHES: Upgrading the present helicopter to the BO105
Super CBS5 version will improve performance allowing increased payloads
during hot weather operations common to this area of southern Florida. (#20021307-EMS) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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9. |
TRANSPORTATION |
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10. |
UTILITIES
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ACTION
REQUESTED: Approve final acceptance, by Resolution, as a
donation of water distribution and gravity collection systems, lift station
and force main serving The Shoppes at Fiddlesticks. This is a developer contributed asset
project located on the southwest corner of Daniels Parkway and Fiddlesticks
Boulevard. WHY ACTION
IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to the recently constructed shopping center. WHAT ACTION
ACCOMPLISHES: Places the water and sewer systems into operation
and complies with the Lee County Utilities Operations Manual. (#20021283-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). (#20021327-Clerk of
Courts) |
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ACTION REQUESTED: Approve the minutes of the following Board of County Commissioners Meetings: May 23, 2000 (Regular); November 21, 2000 (Regular); March 13, 2001 (Regular); May 20, 2002 (Zoning); June 17, 2002 (Zoning); September 4, 2002 (Comp Plan); September 5, 2002 (Comp Plan); September 5, 2002 (Tentative Budget); September 9, 2002 (Management and Planning); September 9, 2002 (Special); September 19, 2002 (Final Budget); October 7, 2002 (Zoning); October 7, 2002 (Management and Planning) and November 4, 2002 (Management and Planning) (#20021331-Clerk of Courts) |
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ADMINISTRATIVE
AGENDA
November
26, 2002
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1. |
COUNTY ADMINISTRATION |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION
REQUESTED: Concur with the ranking of Consultants by the
Competitive Negotiations Committee for CN-02-32, LEE COUNTY HUMAN SERVICES
BUILDING, in the following order of ranking, and authorize contract
negotiations to commence with the number one ranked firm: (1) Sheeley
Architects; (2) Burt Hill/Pollock Krieg Architects; and (3) Titsch &
Associates Architects. 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 project entails the remodeling of an existing
18,000 s.f. building located at the corner of Dr. Martin Luther King Blvd and
Thompson Street, which will be the future office for the Lee County Human
Services Department. The scope of
work shall include but not be limited to, replacing the roof and HVACs and
remodeling the interior of the building to fit the needs of the Department of
Human Services. Programming,
schematic design, design, design development, permitting, value engineering
and Construction Management negotiations, construction contract documents,
and construction contract administrative support services. (#20021305-Construction and Design) |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Approve the purchase of Parcel 197, located north
of Daniels Parkway in Sections 24, Township 45 South, Range 24 East, for the
Conservation 2020 Land Acquisition Program, Project No. 8800, in the amount
of $390,710.00, pursuant to the terms and conditions as 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 fees and 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 one of the properties
recommended by the Conservation Land Acquisition and Stewardship Advisory
Committee and approved for acquisition on Blue Sheet No. 20020111 for
Conservation 2020 Program.
(#20021150-County Lands) |
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ACTION
REQUESTED: Approve the purchase of Parcel 194, in Sections
14, 15, & 16, Township 43 South, Range 24 East, located at 18400 North
Tamiami Trail in North Fort Myers, for the Conservation 2020 Land Acquisition
Program, Project No. 8800, in the amount of $5,490,677.00, pursuant to the
terms and conditions as 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
fees and 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 one of the properties
recommended by the Conservation Land Acquisition and Stewardship Advisory
Committee and approved for acquisition on Blue Sheet No. 20020111 for
Conservation 2020 Program.
(#20021236-County Lands) |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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9. |
TRANSPORTATION |
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ACTION REQUESTED: Approve Second Amendment to the Interlocal
Agreement with the City of Cape Coral for the East-west corridor now known as
Veterans Parkway. WHY ACTION
IS NECESSARY: Requires BOCC approval to amend interlocal
agreements. WHAT ACTION
ACCOMPLISHES: Provides certain revenue sharing for Veterans
Parkway and accelerates road Improvements in Cape Coral to include Burnt
Store Road to the Lee County line.
(#20021244-Transportation) |
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10. |
UTILITIES |
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ACTION REQUESTED: Consider approval of a Wastewater Treatment
Service Agreement between Lee County and Environmental Protection Systems of
Pine Island, Inc. (“EPS”), and authorize the Chairman’s signature if
approved. The Agreement is for
providing wholesale wastewater treatment services to the “Cherry Estates”
Mobile Home Park on Pine Island. WHY ACTION IS NECESSARY: All Agreements for providing utility service must
be approved by the Board of County Commissioners at a regular meeting. WHAT ACTION ACCOMPLISHES: Provides central wastewater treatment service to the “Cherry Estates” Mobile Home Park on Pine Island and requires the owners to discontinue use of an on-site package plant wastewater treatment system. Connection charges will be paid over time consistent with past practices for the retro-fit of central sewer to an established community. (#20021304-Utilities) |
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11. |
PARKS AND RECREATION |
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12. |
COUNTY ATTORNEY |
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ACTION REQUESTED: Approve the Amended Resolution of Necessity for
the acquisition and condemnation of parcels required for the Alico Road Six
Laning, Project No. 4030. WHY ACTION IS NECESSARY: To acquire parcels that are necessary for the
Alico Road Six Laning Project. WHAT ACTION ACCOMPLISHES: The Amended Resolution of Necessity allows the
County to proceed with condemnation, if necessary, so parcels can be acquired
for the Alico Road Six Laning Project, from east of Old U.S. 41 to Interstate
75. (#20021281-County Attorney) |
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ACTION REQUESTED: Approve settlement in Lee County v. Margaret T.
Brady, Trustee, et al; Case No.
02-10691-CA (P108) WHY ACTION IS NECESSARY: Board approval is needed to settle case. WHAT ACTION ACCOMPLISHES: Resolves all claims for the acquisition of Parcel
108. (#20021250-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 26, 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 VAC2002-00045 to
Vacate a 12-foot wide Public Utility and Drainage Easement common to Lots 4
and 5, Block 7, Unit 2, a Subdivision of Lehigh Acres, in Alva, Florida. WHY ACTION IS NECESSARY: To build a single-family residence on the combined
lots. The vacation of the public utility and drainage easement will
not alter existing utility and drainage conditions and the easements are not
necessary to accommodate any future utility and drainage requirements. WHAT THE ACTION ACCOMPLISHES: Vacates a 12-foot wide Public Utility
Easement. (S01-T44S-R27E) (#5) (#20021144-Development Services) |
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Public
Hearing |
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ACTION REQUESTED: Adopt a resolution on VAC2001-00024 to vacate the
public’s interest in that portion of a sixty-foot (60') wide platted
right-of-way known as WAYCROSS ROAD S.E. within the platted subdivision of B.F.
INDUSTRIAL CENTER; in Section 10, Township 44, Range 25; starting from a
point six feet west of the eastern boundary of Lot 34 to it’s northwestern
terminus (approx. 1,150' long); and accept a replacement public utility
easement. WHY ACTION IS NECESSARY: To provide for installation of a security gate at
the proposed terminus of the public right-of-way. The vacation of the public interest in 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. The road will remain the same but
revert to private ownership. All
public utility easements along the right-of-way will remain intact. A new replacement public utility easement
is to be granted to cover any utilities within the actual right-of-way. WHAT ACTION ACCOMPLISHES: Vacates the Right-of-Way and accepts a replacement
Public Utility Easement. (S10-T44-R25)
(#5) (#20021330-Development
Services) |
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Public
Hearing |
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ACTION REQUESTED: Adopt a resolution on Petition, VAC2002-00042, to
Vacate a 12 foot wide Public Utility Easement common to lots 20 & 21,
Block 29, Unit 8, a subdivision of Lehigh Acres, Florida. WHY ACTION IS NECESSARY: To build a Single Family Residence on the combined
lots.. The vacation of this easement will not alter or otherwise impact
existing utilities, and is not necessary to accommodate future utility
requirements. WHAT ACTION ACCOMPLISHES: Vacates the Easement. (#20021336-Development Services) |
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Public
Hearing |
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ACTION REQUESTED: Adopt a resolution on Petition VAC2002-00036 to
vacate a twelve-foot (12') wide public utility and drainage easement in Block
34, Unit 11 a subdivision of Lehigh Acres. WHY ACTION IS NECESSARY: To eliminate an easement between a residential
structure on one lot and a pool on the adjacent lot. 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. (S16-T45S-R27E)
(#5) (#20021318-Development
Services) |
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Public
Hearing |
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ACTION REQUESTED: Adopt a resolution on Petition VAC2002-00032 to vacate an
approximately 1,320 foot long portion of a fifty-foot wide road right-of-way
in the platted subdivision of Seminole Gardens located in Section 10,
Township 46 South, Range 24 East; and accept a replacement public utility
easement. WHY ACTION IS NECESSARY: To allow the property to be developed into 282 single family
units as per Winkler Preserve RPD -
DCI2002-00012. 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. WHAT ACTION ACCOMPLISHES: Vacates the Right-of-Way
and accepts a replacement Public Utility Easement. (S10-T46S-R24E)
(#3) (#20021317-Development
Services) |
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Public
Hearing |
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ACTION
REQUESTED: Adopt and enact an ordinance known as the Laguna
Lakes Community Development District Ordinance. WHY
ACTION IS NECESSARY: An ordinance adopted by the BOCC is the exclusive
means to establish a Uniform Community Development District (UCDD) of less
than 1,000 acres in size. WHAT
ACTION ACCOMPLISHES: Creates an independent special district that
provides an alternative method to manage and finance basic services for
community development. (#20021247-County Attorney) |
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Public
Hearing |
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ACTION REQUESTED: Hold a public hearing and adopt the proposed “Lee
County Surplus Lands Ordinance.” WHY ACTION IS NECESSARY: Board must formally adopt ordinance at public
hearing. WHAT ACTION ACCOMPLISHES: Establishes alternative procedure for the
disposition of county surplus property. (#20021246-County Attorney) |
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5:05
PM |
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Public
Hearing |
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ACTION REQUESTED: Conduct first public hearing on proposed
amendments to the Land Development Code (LDC) pertaining to the Fire and EMS
Impact Fee Update. After hearing,
direct ordinance to second public hearing on December 10, 2002. WHY ACTION IS NECESSARY: Public hearings are required under Florida Law. WHAT ACTION ACCOMPLISHES: Allows for discussion and public input on proposed
amendments. (#20021315-County Attorney) |
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5:05
PM |
Public
Presentation of Matters by Citizens |
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Adjourn |
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