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

 

January 14, 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:

Reverend Rick Stevens

Calvary Wesleyan Church

 

 

 

 

Pledge of Allegiance

 

 

 

 

 

 

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 until 5:00 PM

 

CONSENT AGENDA

January 14, 2003

 

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

Approve Addendum to the Construction Management Agreement under RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as Old Courthouse Brick Restoration, to The Chris-Tel Company, for the Guaranteed Maximum Price (GMP) of $177,393.00 (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 work to accomplish the renovation of the brick at the Old Courthouse.

(#20021501-Facilities Management)

 

 

(b)

ACTION REQUESTED:

Approve award of Quotation #Q-020836 Landscape Maintenance for Various Lee County Facilities Located in the Downtown Fort Myers Area, for the Construction and Design (Facilities Management), to the low quoter meeting all specification requirements, Landscape Dimensions, at a total annual cost of $59,500.00.  The term of this quote is for one year with an annual increases based on the Consumer Price Index after the first year.  Additionally approve the use of Option A (additional work) as needed, at the rate of $30.00 per person.  Also request authority to renew this contract for four additional one-year periods if in the best interest of Lee County.  Funding will come from the individual department or division’s budget whom will be responsible for monitoring their individual 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 a competitive, fair-market price for landscape maintenance of County owned buildings in the downtown Fort Myers Area.  (#20021477-Facilities Management)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

 

(a)

ACTION REQUESTED:

Terminate existing contract number 1769 between Lee County and Community Housing and Resources, Inc.

WHY ACTION IS NECESSARY:

Community Development Block Grant funds cannot be used for new construction.

WHAT ACTION ACCOMPLISHES:

Authorizes termination of existing contract per section VIII. B. of the contract.

(#20021492-Human Services)

 

6.

INDEPENDENT

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve final acceptance, by Resolution, and recording of one utility easement as a donation of a water distribution system and a gravity collection system serving Plantation Preserve.  This is a developer contributed asset project located on the east side of Plantation Road approximately 1,200’ north of Penzance Boulevard.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to the recently constructed residential subdivision.

WHAT ACTION ACCOMPLISHES:

Places the water and sewer systems into operation and complies with the Lee County Utilities Operations Manual.  (#20021286-Utilities)

 

 

(b)

ACTION REQUESTED:

Approve final acceptance, by Resolution, as a donation for one fire hydrant serving Blaze Commercial Building.  This is a Developer contributed asset project located on the north side of Andrea Lane approximately 2,200 feet east of South Tamiami Trail.

WHY ACTION IS NECESSARY:

To provide fire protection to the recently expanded commercial building.

WHAT ACTION ACCOMPLISHES:

Places the fire hydrant into operation and complies with the Lee County Utilities Operations Manual.  (#20021361-Utilities)

 

 

(c)

ACTION REQUESTED:

Approve final acceptance, by Resolution, and recording of a Utility Easement as a donation for a water main extension and one 4’’ diameter fire line serving Grate, Fireplace & Stone Shoppe.  This is a Developer contributed asset project located on the east side of S. Tamiami Trail approximately 750’ south of Island Park Road.

WHY ACTION IS NECESSARY:

To provide potable water service and fire protection the recently constructed retail building.

WHAT ACTION ACCOMPLISHES:

Places the water main and fire line into operation and complies with the Lee County Utilities Operations Manual.  (#20021460-Utilities)

 

 

(d)

ACTION REQUESTED:

Approve final acceptance by Resolution, and recording of a Utility Easement as a donation of a water distribution system serving WATERS EDGE AT PEPPERTREE POINTE, PHASE III.  This is a developer contributed asset project located on the north of Iona Road and East of Laguna Drive.

WHY ACTION IS NECESSARY:

To provide potable water service, and fire protection to this phase of the residential development.

WHAT ACTION ACCOMPLISHES:

Places the water system into operation and complies with the Lee County Utilities Operations Manual.  (#20021459-Utilities

 

 

(e)

ACTION REQUESTED:

Approve final acceptance, by Resolution and recording of one (1) Utility Easement, for a 4” diameter sewage force main extension serving PINE ISLAND SHOPPING CENTER.  This is a Developer contributed asset and the project is located on the east side of Pine Island Road approximately 2/3 of a mile south of Pine Island Road.

WHY ACTION IS NECESSARY:

To provide sanitary sewer service to the existing shopping center.

WHAT ACTION ACCOMPLISHES:

Complies with the Lee County Utilities Line Extension Policy and provides adequate sewer infrastructure to allow for the abatement of the existing on-site wastewater treatment plant.  (#20021458-Utilities)

 

 

(f)

ACTION REQUESTED:

Approve final acceptance by Resolution and, as a donation of a water distribution system and gravity collection system serving Daniels Galleria East.  This is a developer contributed asset project located on the north side of Daniels Parkway east of Danport Blvd.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to the recently constructed commercial subdivision.

WHAT ACTION ACCOMPLISHES:

Places the water and sewer systems into operation and complies with the Lee County Utilities Operations Manual.  (#20021457-Utilities)

 

 

(g)

ACTION REQUESTED:

Approve final acceptance, by Resolution, as a donation for a water distribution system serving Alico Commerce Center.  This is a Developer contributed asset project located on the south side of Alico Road approximately 1.5 miles east of S. Tamiami Trail.

WHY ACTION IS NECESSARY:

To provide potable water service and fire protection to recently constructed commercial subdivision.

WHAT ACTION ACCOMPLISHES:

Places the water distribution system into operation and complies with the Lee County Utilities Operations Manual.  (#20021455-Utilities)

 

 

(h)

ACTION REQUESTED:

Approve final acceptance, by Resolution, and recording of a Utility Easement as a donation for one fire hydrant serving Renaissance Maintenance Facility.  This is a Developer contributed asset and the project is located along Palomino Lane approximately 1500’ north of Daniel Road.

WHY ACTION IS NECESSARY:

To provide fire protection to the recently constructed maintenance facility.

WHAT ACTION ACCOMPLISHES:

Places the fire hydrant into operation and complies with the Lee County Utilities Operations Manual.  (#20021438-Utilities)

 

 

(i)

ACTION REQUESTED:

Approve final acceptance, by Resolution, and recording of a utility easement as a donation for one 6” diameter fire line and one 3” diameter potable water service serving The Shores at Gulf Harbour, PH IV (Building #3).  This is a Developer contributed asset project located on the west side of Royal Harbour Court approximately ¾ of a mile north of McGregor Boulevard.

WHY ACTION IS NECESSARY:

To provide potable water service and fire protection to this phase of the multi-family residential development.

WHAT ACTION ACCOMPLISHES:

Places the fire and water service line into operation and complies with the Lee County Utilities Operations Manual.  (#20021355-Utilities)

 

 

(j)

ACTION REQUESTED:

Approve final acceptance by Resolution as a donation of water distribution and gravity collection systems, lift station and force main serving Riverside Baptist Church, Phase 1 & 1A.  This is a developer contributed asset project located on the south side of Daniels Parkway, approximately ½ mile west of Fiddlesticks Boulevard.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to these phases of the recently constructed place of worship.

WHAT ACTION ACCOMPLISHES:

Places the water and sewer systems into operation and complies with the Lee County Utilities Operations Manual.  (#20021403-Utilities)

 

11.

PARKS AND RECREATION

 

 

(a)

ACTION REQUESTED:

Approve the Florida Communities Trust Grant Contract for a grant award in the amount of $3,190,012.00.  Approve budget amendment resolution and amend the FY 03 CIP budget accordingly.

WHY ACTION IS NECESSARY:

Approval of the Grant Contract is required no later than January 21, 2003.

WHAT ACTION ACCOMPLISHES:

Reimburses the Conservation 2020 land acquisition funds for fifty percent of the acquisition costs of the San Carlos Bay-Bunche Beach Preserve (Site 59), a 705-acre preserve located on the north shore of San Carlos Bay.  (#20030008-Parks & Recreation)

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Execute Settlement Agreement between School Board and Nassant & Company, et al.

WHY ACTION IS NECESSARY:

Attorney representing the School District of Lee County requested that the Board of County Commissioners acknowledge the Settlement Agreement and collect school impact fees on residential development within the parcel covered by the agreement.

WHAT ACTION ACCOMPLISHES:

Confirms that residential development on a 126-acre parcel within the T&T DRI is subject to the payment of school impact fees.  (#20021429-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).  (#20021468-Clerk of Courts)

 

 

(b)

ACTION REQUESTED:

Authorize Chairman to execute COPS MORE 1998 grant extension request.  No additional funds are needed to fulfill the extension.

WHY ACTION IS NECESSARY:

The COPS Office requires the signature of the government executive.

WHAT ACTION ACCOMPLISHES:

Signature of the request will afford the Lee County Sheriff's Office the opportunity to extend the grant cycle.  (#20021500-Sheriff)

 

 

ADMINISTRATIVE AGENDA

January 14, 2003

 

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

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)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Request Board waive requirements of ordinance 92-22 as provided in Section Four of same ordinance with respect to TKW Consulting Engineers, Inc. for CIP project # 4054 Widening of Colonial Boulevard from I-75 to SR 82.  Waiver of provisions of Ordinance 92-22.

WHY ACTION IS NECESSARY:

Waiver of this ordinance (92-22) as prescribed in Section Four of same ordinance requires affirmative vote of four (4) commissioners.

WHAT ACTION ACCOMPLISHES:

Allows TKW Consulting Engineers, Inc. to pursue selection for the design of this project when it is advertised.  (#20021498-Transportation)

 

 

(b)

ACTION REQUESTED:

Request Board approval for the closing of the Midpoint Memorial Bridge on Veterans Day, November 11, each year for the next four (4) years for the Veterans Day foot race from approximately 5:00 p.m. until approximately 9:00 p.m.

WHY ACTION IS NECESSARY:

Board approval is required to close the bridge.

WHAT ACTION ACCOMPLISHES:

Allows the citizens of Lee County to participate in the observance of Veterans Day through the 5K foot race across the bridge.  (#20021480-Transportation)

 

 

(c)

ACTION REQUESTED:

Approve staff recommendation to offer ECC fair market value for property necessary for the widening of Summerlin at the intersection with College Parkway.  If the offer is rejected, proceed to revise the plans to avoid ECC property.

WHY ACTION IS NECESSARY:

Requires BoCC approval for amendments to the CIP.

WHAT ACTION ACCOMPLISHES:

Allows Department of Transportation to proceed with right-of-way acquisition for this project.  (#20021486-Transportation)

 

 

10.

UTILITIES

 

 

11.

PARKS AND RECREATION

 

 

12.

COUNTY ATTORNEY

 

 

13.

HEARING EXAMINER

 

 

14.

PORT AUTHORITY

 

 

15.

CONSTITUTIONAL OFFICERS

 

 

               

 

PUBLIC AGENDA

JANUARY 14, 2003

                                                                                                                       

 

 

5:00 PM

(#1)

Public Hearing

 

ACTION REQUESTED:

Adopt a Petition VAC2002-00040 to Vacate a Public Utility Easement common to Lots 18 & 19, Block 4, a subdivision of Lehigh Acres, Plat Book 15, Page 64, Lee County, Florida.

WHY ACTION IS NECESSARY:

To construct a Single Family Residence. 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.  (#20021400-Development Services)

 

(#2)

Public Hearing

 

ACTION REQUESTED:

Adopt a resolution on Petition VAC2002-00048 to vacate a twelve foot (12') wide public utility easement located six feet (6') to each side of the lot line separating lots 1 and 2 of Block 54; Unit 6 of Lehigh Acres Subdivision.

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.  (#20030001-Development Services)

 

(#3)

Public Hearing

 

ACTION REQUESTED:

Conduct a Public Hearing to consider adoption of Resolution to Amend Resolution #00-03-41 which created the University Landscape Capital MSBU.  Also approve associated Budget Amendments.

WHY ACTION IS NECESSARY:

Board of County Commissioners must conduct a Public Hearing to adopt the Resolution.

WHAT ACTION ACCOMPLISHES:

Will authorize funding required and allow staff to continue forward with approved project.  (#20021392-MSTBU Services)

 

(#4)

Public Hearing

 

ACTION REQUESTED:

Hold first public hearing on resolution designating Veterans Pkwy. and a portion of the Midpoint Memorial Bridge Corridor as a limited access facility and establish connection points; direct to second public hearing at 5:00 p.m. January 28, 2003.

WHY ACTION IS NECESSARY:

The designation as a limited access facility will preserve the capacity of the road and enhance future safety.

WHAT ACTION ACCOMPLISHES:

Establishes the connection points on Veterans Pkwy. Corridor from the Caloosahatchee River to Pine Island Road (SR 78).  (#20021328-Transportation)

 

(#5)

Public Hearing

 

ACTION REQUESTED:

Adopt a Resolution supporting the establishment of the Cocohatchee Community Development District.

WHY ACTION IS NECESSARY:

A Resolution adopted by the BOCC is the only means of expressing support or objection to the granting of a petition to establish a UCDD of greater than 1,000 acres.

WHAT ACTION ACCOMPLISHES:

Supports the creation of an independent special district that will provide an alternative method to manage and finance basic services within the community development district.  (#20021493-County Attorney)

 

5:05 PM

(#1)

Public Hearing

 

ACTION REQUESTED:

Conduct first public hearing on proposed amendments to the Land Development Code (LDC) Chapter 2 pertaining to the Fire and EMS Impact Fee Update.  After hearing, direct ordinance to second public hearing on January 28, 2003.

WHY ACTION IS NECESSARY:

Public hearings are required under Florida Law.

WHAT ACTION ACCOMPLISHES:

Allows for discussion and public input on proposed amendments.

(#20021444-County Attorney)

 

5:05 PM

Public Presentation of Matters by Citizens

 

 

Adjourn