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

 

February 25, 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 Paul Dissington

Grace United Methodist Church

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

 

 

·   

Update on Cape Coral dock permitting issues by Terry Stewart, City Manager

 

 

(Commissioner Coy-#20030205)

 

 

·   

Minnesota Twins Resolution

 

 

(Commissioner Judah-#20030203)

 

 

 

 

 

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

February 25, 2003

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Approve budget amendment resolutions and transfers from reserves, in various funds to provide fund financial adjustments for the FY01-02 year-end close out.  No additional funding is required, except in those funds, in which reserves are affected (listed in background).  Reserves represent those that were established during the development of the budget.  In some funds, (listed in background) for which additional revenues were received, the budget is being adjusted to reflect the additional revenues.

WHY ACTION IS NECESSARY:

Each year in the preparation of the year-end financial statements, Budget Services requests that certain fund adjustments be processed after the Finance division has made their final cash adjustments in conjunction with auditor findings.

WHAT ACTION ACCOMPLISHES:

Year-end adjustments allow the financial books for FY01-02 to be closed.  (#20030115-Budget Services)

 

 

(b)

ACTION REQUESTED:

Approve and authorize Chairman to execute the interlocal agreement between the Lee County and the City of Fort Myers.

WHY ACTION IS NECESSARY:

The Board of County Commissioner must approve all agreements.

WHAT ACTION ACCOMPLISHES:

Provides a mechanism for reimbursement of Tourist Development Council approved projects utilizing the TDC beach and shoreline funds.  (#20030148-VCB)

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

Initiate a Board of County Commission sponsored rezoning from RPD to CF-3 to permit the development of the Estero Community Park for the property generally located north of Williams Road, south of Corkscrew Road, and east of Sandy Lane (STRAP # 34-46-25-01-0000C.017A) and authorize the Division of Planning to act as the County’s agent for the rezoning.

WHY ACTION IS NECESSARY:

The current zoning of the subject property, RPD, is not appropriate for, nor does it permit, the development of a community park.  Rezoning to CF-3 will enable Lee County to proceed with the development of this facility.

WHAT ACTION ACCOMPLISHES:

Rezones the property to a zoning district that will permit the development of a community park and ancillary facilities.  (#20030189-Construction and Design)

 

 

(b)

ACTION REQUESTED:

Initiate a Board of County Commission sponsored rezoning from AG-2 and CPD to CF-2 to permit the development of the South Fort Myers Community Park and two Lee County School District Middle Schools for the property located on the west side of the Bass Road extension and south of Summerlin Road, (STRAP # ‘s 04-46-24-00-00007.0000 and 04-46-24-00-00007.0020) and authorize the Division of Planning to act as the County’s agent for the rezoning.

WHY ACTION IS NECESSARY:

The current zoning of the subject property would not permit the development of a community park.  Rezoning to CF-2 will enable Lee County to proceed with the development of the park and Lee County School District School facilities.

WHAT ACTION ACCOMPLISHES:

Rezones the property to a zoning district that will permit the development of a community park, Lee County School District Middle School, and ancillary facilities.  (#20030190-Construction and Design)

 

 

(c)

ACTION REQUESTED:

Initiate a Board of County Commission sponsored rezoning from RPD and AG-2 to CF-2 to permit the expansion of the existing Veterans Park and construction of a new elementary and middle school on property located north of Homestead Road, and adjacent to the park and Lehigh Middle School (STRAP #’s 05-45-27-00-00003.0010, 05-45-27-00-00004.0000, and 05-45-27-00-00004.0010) and authorize the Division of Planning to act as the County’s agent for the rezoning.

WHY ACTION IS NECESSARY:

The current zoning of the subject property, RPD, is not appropriate for, nor does it permit, the development of a community park.  Rezoning to CF-2 will enable Lee County to proceed with the development of these facilities.

WHAT ACTION ACCOMPLISHES:

Rezones the property to a zoning district that will permit the development of a community park, schools, and ancillary facilities.  (#20030191-Construction and Design)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Execute grant award agreements for $810,465.00 in the first round of supplemental funds from fiscal years 2001/2002 and for the Affordable Housing Program funded through the State Housing Initiatives Partnership (SHIP).

WHY ACTION IS NECESSARY:

The Planning Division administers the Lee County Affordable Housing Program-SHIP; the Affordable Housing Committee reviews the SHIP grant applications.  The Chairman of the Board of County Commissioners must sign grant award agreements and commitment letters

WHAT ACTION ACCOMPLISHES:

Allows the county to enter into additional grant award agreements for fiscal year 2001/2002 to increase the supply of affordable housing and implement the Local Housing Assistance Plan.  (#20030182-Planning)

 

 

(b)

ACTION REQUESTED:

Execute grant award agreements for fiscal year 2002/2003 and issue commitment letters for fiscal years 2003/2004 and 2004/2005 for the Lee County Affordable Housing Program funded through the State Housing Initiatives Partnership (SHIP) per the recommended allocations of the staff and the Lee County Affordable Housing Committee.

WHY ACTION IS NECESSARY:

The Planning Division administers the Lee County Affordable Housing Program-SHIP; the Affordable Housing Committee reviews the SHIP grant applications.  The Chairman of the Board of County Commissioners must sign grant award agreements and commitment letters

WHAT ACTION ACCOMPLISHES:

Allows the county to enter into grant award agreements for fiscal year 2002/2003 and issue commitment letters for fiscal years 2003/2004 and 2004/2005 to increase the supply of affordable housing and implement the Lee County Local Housing Assistance Plan (LHAP).  (#20030181-Planning)

 

 

(c)

ACTION REQUESTED:

Accept a Petition VAC2002-00046 to Vacate a 60 foot Right Of Way as recorded in O.R. Book 1008, Page 1679 and adopt a Resolution setting a Public Hearing for 5:00 p.m. on the 25th day of March 2003.

WHY ACTION IS NECESSARY:

To vacate the R.O.W. at this location in order to create a new R.O.W. to the north that will service the new subdivision of Courtyard Homes at Bell Tower Park.   The vacation of the right-of-way will not alter existing traffic patterns and the right-of-way is not necessary to accommodate any future right-of-way requirement.

WHAT THE ACTION ACCOMPLISHES:

Sets the time and date of the Public Hearing.  (#20030098-Development Services)

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Authorize Chairman to execute an agreement with the Florida Department of Community Affairs for a $125,000 grant to update Lee County ’s Terrorism Response Annex and to develop a Continuity of Operations Plan for Lee County and the City of Cape Coral.  Approve Budget Amendment Resolution in a like amount.

WHY ACTION IS NECESSARY:

Commission Chairman’s signature is required to execute the agreement.

WHAT ACTION ACCOMPLISHES:

Provide financial support to complete the above referenced planning initiatives.  (#20030185-Emergency Management)

 

 

(b)

ACTION REQUESTED:

Authorize Chairman to execute an agreement with the Florida Department of Community Affairs that provides a $72,260.00 grant to revise and update Lee County’s Pre-Disaster Mitigation Program.  Approve Budget Amendment Resolution in a like amount.

WHY ACTION IS NECESSARY:

Commission Chairman=s signature is required to execute the Contract.

WHAT ACTION ACCOMPLISHES:

Provides formal support to promote Pre-Disaster Mitigation activities from hazards posting a threat to communities within Lee County.  (#20030184-Emergency Management)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Approve listing of 2 Mandatory Garbage Hardship Payment Deferral requests for Fiscal Year 02/03, October 1, 2002 through September 30, 2003. Approved listing will be submitted to the Property Appraiser for proper notation on the solid waste roll, and the Solid Waste Division will record a lien against the applicant’s property.

WHY ACTION IS NECESSARY:

Authorize applicants for Hardship Payment Deferral Program in accordance with Mandatory Garbage Ordinance 86-14 and amending Ordinance 95-19, Section 6.7a.

WHAT ACTION ACCOMPLISHES:

Defers payment, and provides for the recording of liens under the Mandatory Garbage Hardship Deferral Program.  (#20030150-Solid Waste)

 

 

(b)

ACTION REQUESTED:

Approve Draft Manatee Protection Plan for distribution to governmental agencies and public comment.

WHY ACTION IS NECESSARY:

Distribution will formally request review and comments of the draft Plan.

WHAT ACTION ACCOMPLISHES:

Solicits comments that will be considered by staff and incorporated as appropriate before bringing final Plan for Board adoption.  (#20030175-Natural Resources)

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve construction of a water distribution and gravity collection system serving Calusa Palms – Phase 1. This is a Developer contributed asset and the project is located on the east side of A & W Bulb Road approximately ½ of a mile north of Gladiolus Drive.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to this phase of the proposed single family residential development.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20030130-Utilities)

 

 

(b)

ACTION REQUESTED:

Approve final acceptance by Resolution, as a donation of water distribution and gravity collection systems serving Danforth Lakes, Phase II.  This is a developer contributed asset project located on the north side of Daniels Parkway east of Cross Creek Estates.

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.  (#20030149-Utilities)

 

 

(c)

ACTION REQUESTED:

Approve construction of a water distribution and a gravity collection system serving College Pointe Apartments, Phase IV.  This is a Developer contributed asset project located on the north side of College Parkway between Winkler Road and McGregor Boulevard.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to this phase of the proposed apartment complex.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20030159-Utilities)

 

 

(d)

ACTION REQUESTED:

Approve final acceptance, by Resolution, and recording of one Utility Easement as a donation for two 8’’ diameter master meter assemblies and a force main extension serving Bay Harbor Apartments. This is a Developer contributed asset and the project is located on the east side of McGregor approximately 1/2 mile south of Cypress Lake Drive.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to the recently constructed multi-family residential development.

WHAT ACTION ACCOMPLISHES:

Places the water and sewer systems into operation and complies with the Lee County Utilities Operations Manual.  (#20030160-Utilities)

 

 

(e)

ACTION REQUESTED:

Approve final acceptance by Resolution and recording of one utility easement, as a donation of a water distribution system, gravity collection system, force main and two lift stations serving Renaissance, Phase 1.  This is a developer contributed asset project located on the north side of Daniels Parkway west of I-75.

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.  (#20030161-Utilities)

 

 

(f)

ACTION REQUESTED:

Approve final acceptance by Resolution and recording of one utility easement, as a donation of a water distribution system and gravity collection system serving Renaissance, Phase 1A.  This is a developer contributed asset project located on the north side of Daniels Parkway west of I-75.

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.  (#20030162-Utilities)

 

 

(g)

ACTION REQUESTED:

Approve final acceptance by Resolution, as a donation of a water distribution system, gravity collection system, lift station and force main serving Renaissance, Phase 2.  This is a developer contributed asset project located on the north side of Daniels Parkway west of I-75.

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.  (#20030163-Utilities)

 

 

(h)

ACTION REQUESTED:

Approve final acceptance, by Resolution, as a donation for one 3’’ meter serving Shell Point Cooling Tower.  This is a Developer contributed asset project located approximately 1/2 mile east of Shell Point Blvd and approximately 3/4 mile north of McGregor Blvd.

WHY ACTION IS NECESSARY:

To provide emergency/backup water service to the cooling tower.

WHAT ACTION ACCOMPLISHES:

Places the water service into operation and complies with the Lee County Utilities Operations Manual.  (#20030164-Utilities)

 

 

(i)

ACTION REQUESTED:

Approval of Fl. Dept. of Transportation (FDOT) Utility Agreement Resolution and Utility Work Agreement for utility relocations, adjustments, and new installations along Metro Parkway (SR 739) from Six Mile Cypress Parkway south to Alico Road/US 41.

WHY ACTION IS NECESSARY:

Proposed FDOT roadway project and drainage facilities will conflict with certain existing Lee County Utilities (LCU) water and sewer facilities.  Also, LCU desires a new utility installation through the new FDOT Right-of-Way.  The required utility work in FDOT Right-of-Way must be completed by formal agreement with FDOT.

WHAT ACTION ACCOMPLISHES:

Agreement with FDOT that LCU will complete the necessary utility relocations, adjustments and new installations as specified.  (#20030165-Utilities)

 

 

(j)

ACTION REQUESTED:

Accept Gasparilla Island Water Association, Inc. (GIWA) Petition for a rate increase for water and sewer services.  Authorize staff to set a public hearing for March 11, 2003 at 5:00 p.m., to adopt a Resolution approving the updated rates.

WHY ACTION IS NECESSARY:

As the franchising authority for this not-for-profit utility, Board approval is required for the approval of any modifications to its rates.

WHAT ACTION ACCOMPLISHES:

Provides required Board approval for GIWA to modify it water and sewer rates.  (#20030192-Utilities)

 

11.

PARKS AND RECREATION

 

 

(a)

ACTION REQUESTED:

Request approval of the Six Mile Cypress Slough Preserve Land Stewardship Plan.

WHY ACTION IS NECESSARY:

Action is part of the procedure for management of Preserves owned by Lee County and it is part of the joint management agreement with South Florida Water Management District.

WHAT ACTION ACCOMPLISHES:

Allows county staff to implement the SMCSP management plan.  (#20030167-Parks and Recreation)

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Direct an ordinance creating The Habitat Community Development District to public hearing on April 8, 2003 at 5:00 p.m.

WHY ACTION IS NECESSARY:

Habitat Lakes, LLC has petitioned the Board to establish The Habitat Community Development District.

WHAT ACTION ACCOMPLISHES:

Allows response to Habitat Lakes, LLC’s petition by providing a forum to evaluate the appropriateness of the request.  (#20030103-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

 

(a)

ACTION REQUESTED:

Request Board approves 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).  (#20030201-Clerk of Courts)

 

 

(b)

ACTION REQUESTED:

Present for information purposes.

WHY ACTION IS NECESSARY:

To provide interim reporting on selected funds and revenues of the Lee County Board of County Commissioners.  Also included, in compliance with Florida Statute 218.415, Local Government Investment Policies, is the stated and fair market value of the investments managed by the Clerk’s Office.

WHAT ACTION ACCOMPLISHES:

The purpose of this report is to convey to you the financial status of selected significant funds of the Lee County Board of County Commissioners and the status of specific revenues as of the stated dates and the market value of the investments managed by the Clerk’s Office on behalf of the Board.  (#20030199-Clerk of Courts)

 

 

ADMINISTRATIVE AGENDA

February 25, 2003

 

NO REQUESTS RECEIVED

 

 

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

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

 

                PUBLIC AGENDA

 

5:00 PM

(#1)

Public Hearing

 

ACTION REQUESTED:

Adopt a Resolution on Petition VAC2002-00054 to Vacate a 12-foot wide Public Utility Easement centered on Lots 22 and 23, Town and River Estates, Unit 2, as recorded in Plat Book 23, Page56, Lee County, Florida.

WHY ACTION IS NECESSARY:

To demolish two existing homes and combine the 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.  (#20030122-Development Services)

 

(#2)

Public Hearing

 

ACTION REQUESTED:

Adopt a resolution on Petition VAC2002-00051 to vacate all the platted internal public utility and drainage easements in Block 55, Unit 14 a subdivision of Lehigh Acres; less and except for the public utility and drainage easement along the North six-feet (6'), South six-feet (6'), East six-feet (6'), and West six-feet (6') of said Block 55.

WHY ACTION IS NECESSARY:

To eliminate internal easements in order to allow for the construction of one or more single family structures spanning lot lines.  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.  (#20030198-Development Services)

 

5:05 PM

Public Presentation of Matters by Citizens

 

 

Adjourn