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 |
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James
G. Yaeger, County Attorney |
August 19, 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
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Invocation: |
Pastor
Brad Liebe |
First
Assembly of God |
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Pledge
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Presentations: |
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Childhood
Cancer and Blood Disorder Awareness Month Resolution |
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(Commissioner
Judah-#20030937) |
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(Commissioner
Janes-#20030938) |
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Recap |
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Public
Comment on the Consent and Administrative 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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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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Adjourn |
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August
19, 2003
1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Approve transfer of $745,000 from Lee County
Utilities Reserves for debt payment on the Lee County Utilities Refunding
Revenue Bonds, Series 2003A (Fund 48767) and 2003B (Fund 48768). Approve corresponding budget amendment
resolutions for transfer into the debt funds. WHY ACTION
IS NECESSARY: Transfer from reserves must be approved by the
Board of County Commissioners WHAT ACTION
ACCOMPLISHES: Establishes accounts for the payment of debt service
on October 1, 2003 for the Water and Sewer Refunding Revenue Bonds, series
2003A and 2003B. (#20030853-Budget
Services) |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION
REQUESTED: Authorize the establishment of three (3) full time
positions titled Maintenance Worker, Sr. to escort vendors into each of the
detention centers: Downtown Jail, Stockade, and the Core Building. Approve transfer of $14,496 from the
General Fund reserves to fund the positions’ salary, fringes, and startup
costs for the balance of FY 02/03. WHY ACTION
IS NECESSARY: Board approval is required for establishment of
new positions. WHAT ACTION
ACCOMPLISHES: Provides Facilities Management the capability to
escort vendors in the detention centers thereby freeing their skilled staff
for normal maintenance duties.
(#20030872-Facilities Management) |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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ACTION REQUESTED: Approve an amendment to an existing bonus density
contract with the Signature Development Group, Inc., pertaining to a project
known as the Club at Pine Ridge. WHY ACTION IS NECESSARY: Amendments to the existing contract must be
approved by the Board pursuant to the Land Development Code and the Lee
County Administrative Code. WHAT ACTION ACCOMPLISHES: Modifies the terms of the original contract so as
to allow the construction of two additional bonus density dwelling units
utilizing the “cash contribution” bonus density option. (#20030897-Planning) |
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ACTION
REQUESTED: Execute the 9-month grant award agreement
extensions for the 2001/2002 Lee County Historic Preservation Grant
Assistance Program for C-2187 (Black History Society, Inc.) and C-2480
(Sharon Kurgis) as recommended by staff. WHY ACTION
IS NECESSARY: The Black History Society has encountered a mildew problem on the fairly recent paint job on the Williams Academy building. The Society is working with the architect and FlexBon to resolve this problem before the final payment can be made. Sharon Kurgis is restoring the historic Adams House that is located on a significant Calusa mound. The complexity of the project required coordination between an engineer, an archaeologist, and the contractor, which took more time than anticipated. In addition, none of the professionals involved want to start the project until after the rainy season. WHAT ACTION
ACCOMPLISHES: Allows the county to enter into agreement
extensions with the grant recipients who will use funds to rehabilitate
historic structures.
(#20030914-Planning) |
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ACTION
REQUESTED: Accept a petition to vacate and schedule a Public
Hearing for 5:00 P.M. on the 9th day of September 2003 to vacate a
12-foot wide Public Utility Easement located at 603 E. 7th Street,
Lehigh Acres Florida. (VAC2003-00032) WHY ACTION
IS NECESSARY: To build a single-family residence on the combined
lots. The vacation of this easement will not alter existing utility
conditions and the easement is not necessary to accommodate any future
utility requirements. WHAT ACTION
ACCOMPLISHES: Sets the time and date of the Public Hearing. (#20030846-Development Services) |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $13,012 for Parcel 142,
Veronica S. Shoemaker Blvd. (formerly Palmetto Avenue) Extension, Project No.
4073, pursuant to the Purchase Agreement; authorize the Division of County
Lands to handle all documentation necessary to complete transaction. WHY ACTION
IS NECESSARY: The Board must authorize the making of a binding
offer to a property owner prior to initiation of condemnation proceedings. WHAT ACTION
ACCOMPLISHES: Makes binding offer to property owner. (#20030864-County Lands) |
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ACTION REQUESTED: Accept Ten Year Beach Storm Damage Reduction
Easements for Parcels 20, 101, 122, 123, 127, 140, 178 and 202, 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: Enables County to pursue Federal funding for the project. (#20030836-County Lands) |
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ACTION
REQUESTED: Approve the purchase of Parcel 111/112 - drainage
easement, (a strip of land along the north side of Alico Road of +- 161,750
sq. ft.) in Fort Myers, for the Alico Road Widening Project No. 4030, in the
amount of $1,500.00; authorize payment of necessary fees to close and the
Division of County Lands to handle and accept all documentation necessary to
complete the transaction. WHY ACTION
IS NECESSARY: The Board must accept all real estate conveyances
to Lee County. WHAT ACTION
ACCOMPLISHES: The Board avoids Eminent Domain. (#20030871-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 acceptance of Specific Purpose Survey and
Maintenance Affidavits for Durrance Road between Bayshore Road, SR 78, and
the east quarter corner of Section 15 43 25, a distance of 1.38 miles. WHY ACTION
IS NECESSARY: Durrance Road has never been surveyed and
right-of-way maps have never been filed. WHAT ACTION
ACCOMPLISHES: Enters into public record the location and width
of right-of-way of Durrance Road in Sections 14, 15, 22 and 23. (#20030865-Transportation) |
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ACTION
REQUESTED: Approve the attached Resolution as a “Certificate
of Project Sponsorship” for two-highway landscape installation and
maintenance projects with the Florida Department of Transportation (FDOT) for
the interchanges of Interstate 75 at Palm Beach Boulevard and Alico Road. WHY ACTION
IS NECESSARY: A “Certificate of Project Sponsorship” is required
for project eligibility and must be approved by the Board of County
Commissioners. WHAT ACTION
ACCOMPLISHES: Provides the County with an executed “Certificate
of Project Sponsorship”.
(#20030892-Transportation) |
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10. |
UTILITIES
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ACTION REQUESTED: Approve construction of one 10’’ diameter Master
Meter and a force main extension serving Kelly
Road Apartments. This is a Developer contributed asset project located
on the north side of Kelly Road approximately 1/3 of a mile east of McGregor
Boulevard. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this proposed 72-unit multi-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.
(#20021256-Utilities) |
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ACTION REQUESTED: Approve Addenda to the Construction Manager
Agreement, (Contract #2426), RFQ-02-07 Green Meadows Water Plant/Corkscrew
Water Plant Interconnection with Storage Tank Facility and Corkscrew Water
Treatment Plant Expansion & Improvements, for the Division of Utilities,
to Earth Tech A Tyco International LTD. Company, to include the Guaranteed
Maximum Price (GMP) in the amount of $2,160,384.00 (includes the 5% CM fee) for the Corkscrew Water Treatment
Plant Expansion and Improvements in the amount of $109,817.00 (includes the
5% CM fee) for the Green Meadows Water Plant/Corkscrew Water Plant
Interconnection with Storage Tank Facility..
Also request Board approve waiving of any formal process (if needed)
and authorize the use of the Direct Material Purchase Orders based on CM’s
competitive process, which allows the County to purchase directly from
suppliers of equipment and/or materials as a cost/time saving measure. Also approve budget transfer of
$385,619.00 from Green Meadows WTP Improvement Project to the Green
Meadows/Corkscrew interconnect project and amend FY 02/03-06/07 CIP
accordingly. WHY ACTION IS NECESSARY: Board approval required. WHAT ACTION ACCOMPLISHES: Authorizes Earth Tech Inc. to begin site
preparation and purchase long-lead materials that will be specially
fabricated for the Corkscrew Water Plant Expansion. The project will increase the plant capacity from 10 million
gallons per day to 15 million gallons per day. These improvements are
included in the Capital Improvement Element of the Lee County Comprehensive
Plan. (#20030857-Utilities) |
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ACTION
REQUESTED: Approve final acceptance, by Resolution, and
recording of one (1) Utility Easement as a donation for one 6” diameter fire
line and one fire hydrant serving Walgreen Drug Store at US 41 and Littleton
Road. This is a developer
contributed asset project located at the northeast corner of US 41 and
Littleton Road. WHY ACTION
IS NECESSARY: To provide fire protection to the recently
constructed commercial building. WHAT ACTION
ACCOMPLISHES: Places the fire hydrant and fire line into
operation and complies with the Lee County Utilities Operations Manual. (#20030861-Utilities) |
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ACTION REQUESTED: Approve construction of a water distribution
system serving McGregor Subdivision.
This is a Developer contributed asset and the project is located on the south
side of McGregor Boulevard approximately 1000’ north of Kelly Road. WHY ACTION IS NECESSARY: To provide potable water service, and fire
protection to this proposed single-family subdivision. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to support
development of the subject property and complies with the Lee County
Utilities Operations Manual.
(#20030895-Utilities) |
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ACTION
REQUESTED: Approve final acceptance by Resolution, as a
donation of water distribution and gravity collection systems serving Danforth
Lakes, Phase IV. 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. (#20030896-Utilities) |
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ACTION REQUESTED: Approve construction of a water main extension
serving Cracker Barrel Old Country
Store – Daniels Parkway. This is
a Developer contributed asset and the project is located on the southeast
corner of Daniels Parkway and I-75. WHY ACTION IS NECESSARY: To provide potable water service and fire
protection to the proposed restaurant. WHAT ACTION ACCOMPLISHES: Complies with the Lee County Utilities line extension policy and provides adequate utility infrastructure to support development of this phase. (#20030909-Utilities) |
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ACTION REQUESTED: Approve construction of a water main extension
serving Triple Crown and Country Courts. This is a Lee County MSTBU Services
contributed asset and the project is located on the south side of Briarcliff
Road approximately 4 miles east of US 41 south. WHY ACTION IS NECESSARY: To provide potable water service and fire
protection to these portions of the existing single-family community. WHAT ACTION ACCOMPLISHES: Provides adequate potable water infrastructure to
this area that is currently on water wells.
(#20030910-Utilities) |
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11. |
PARKS AND RECREATION |
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12. |
COUNTY ATTORNEY |
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ACTION REQUESTED: Request approval of settlement offer and authorize
Chairman to execute a Release of Property Damage Claim with Ocean
Harbor Casualty Insurance Company and Leroy R. Noonan, as 100% recovery for
damages to Lee County property totaling $484.06. WHY ACTION IS NECESSARY: Board of County Commissioners' approval is
required for settlement offers and execution of Release and Assignment of
All Claims to complete the transaction with Ocean Harbor Casualty
Insurance Company for their payment. WHAT ACTION ACCOMPLISHES: Releases Ocean Harbor Casualty Insurance Company
and their client, Leroy R. Noonan, from any further liability to Lee County
arising out of a traffic accident on July 1, 2001. The $484.06 payment represents a 100% recovery of the damages
for Lee County. (#20030883-County
Attorney) |
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ACTION REQUESTED: Accept donation of an 11-acre parcel from Grosse
Pointe Associates, Ltd. offered to comply with the conditions of approval for
the River’s Edge Yacht and Country Club DRI. WHY ACTION IS NECESSARY: The donation is necessary to satisfy DRI Condition
II.G.5.d.(1)(a)(iii). WHAT ACTION ACCOMPLISHES: It provides mitigation for the approval to trim
mangroves located within the Preserve Area along the Caloosahatchee River and
within the River’s Edge DRI boundary.
(#20030898-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). (#20030934-Clerk of
Courts) |
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ACTION REQUESTED: Approve payment of
delinquent tax overbid claim-Layne WHY ACTION IS NECESSARY: Pursuant to Florida Statute 197. Lee County is holding overbid funds from delinquent tax sales. WHAT ACTION ACCOMPLISHES: The Clerk has received a claim for these funds and
requests that you release them.
(#20030935-Clerk of Courts) |
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15. |
CONSTITUTIONAL OFFICERS |
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ACTION REQUESTED: Approve payment of
delinquent tax overbid claim-Naumann Estate. WHY ACTION IS NECESSARY: Pursuant to Florida Statute 197. Lee County is holding overbid funds from delinquent tax sales. WHAT ACTION ACCOMPLISHES: The Clerk has received a claim for these funds and
requests that you release them.
(#20030936-Clerk of Courts) |
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August
19, 2003
1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Request Board of County Commission direction
regarding the current Communications Services Tax rate and authorize adoption
of resolution if deemed necessary. WHY ACTION
IS NECESSARY: In June 2001, the Board of County Commissioners
requested a review of the Communications Services Tax rate once a revenue
history was established. WHAT ACTION
ACCOMPLISHES: Determines continuation of or revision to existing
Communications Services Tax Rate. (#20030939-Budget
Services) |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION REQUESTED: Consider, approve and authorize Chairman on behalf
of the Board, to execute a Lease Agreement with the City of Fort Myers for
the rental and occupancy of the County’s new “Building Inspectors and Code
Enforcement Building” (“Building”) at 1735 Hendry Street, Fort Myers. WHY ACTION IS NECESSARY: Provides a Lease Agreement for the payment for the
long-term use of the first floor of the new Building by the City of Fort
Myers. WHAT ACTION ACCOMPLISHES: Provides for payment for occupancy in the Building
by the City of Fort Myers Building Department and Code Enforcement
staff. (#20030927-Construction and
Design) |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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ACTION REQUESTED: APPROVE the second extension of the vacated zoning
Master Concept Plan for Charmed Circle Commercial Plaza in Lehigh Acres until
January 30, 2004. WHY ACTION IS NECESSARY: Allows for a second extension of the duration of
rights for the approved Commercial Planned Development. WHAT ACTION ACCOMPLISHES: Allows the second extension of the original zoning
approval of the Commercial Planned Development for a maximum period that does
not exceed the Land Development Code requirement of 10 years from the original
zoning approval. (#20030642-Zoning) |
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ACTION REQUESTED: APPROVE the second extension of the vacated
Commercial Planned Development zoning Master Concept Plan for Caloosa Park
(Village on the Park) to January 3, 2005. WHY ACTION IS NECESSARY: Permits the second extension of a the Commercial
Planned Development for a period not exceeding the maximum allowed 10 years
from the date of the original zoning action (January 4, 1995). WHAT ACTION ACCOMPLISHES: Allows the second extension of the original zoning
approval of the Commercial Planned Development.
(#20030637-Zoning) |
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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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ACTION
REQUESTED: Request BOCC adopt alignment for Koreshan Blvd.
Extension from Three Oaks Parkway to Ben Hill Griffin Parkway (CIP # 5021) as
described in K1 and K2 attached, and direct DOT and County Lands to proceed
with acquisition of right of way necessary for the total project as shown. WHY ACTION
IS NECESSARY: Ultimate selection of new roadway alignments must
be made by the Board. WHAT ACTION
ACCOMPLISHES: Allows DOT and County Lands to proceed with
acquisition of right of way and to submit permit applications for
construction of the roadway along this alignment. (#20030899-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: Consider resolution requesting State Board of
Trustees of Internal Improvement Trust and other State Agencies to approve
the transfer and assignment of Submerged Lands Dedication #2325 to City of
Cape Coral, Florida. WHY ACTION IS NECESSARY: Dedication of land at west end of Cape Coral
Parallel Span was given to Lee County and Lee County must be the party
formally requesting the State of Florida to transfer lands for use of Cape
Coral and Cape Coral Chamber of Commerce. WHAT ACTION ACCOMPLISHES: Provides City and Cape Coral Chamber with the
ability to provide planning and redevelopment use of parcel not needed for
county road and bridge related purposes.
(#20030866-County Attorney) |
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ACTION REQUESTED: Adopt resolution amending the HealthPark Florida
DRI Development Order and DRI Map H. WHY ACTION IS NECESSARY: Florida Statutes requires Board approval of
amendments to developments of regional impact. WHAT ACTION ACCOMPLISHES: Amends the Master Development Plan (Map H) for the
HealthPark Florida DRI to an expedited process in accordance with Florida
Statutes and the Lee County Land Development Code. (#20030854-County Attorney) |
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ACTION REQUESTED: Direct amendments to the Land Development Code
(LDC) Chapter 2 and Appendix K, and Administrative Code (AC 11-5), all
pertaining to the Roads Impact Fee Update.
Recommended hearing dates are as follows: LDC Advisory Committee
(LDCAC): 08/08/03; Executive Regulatory Oversight Committee (EROC): 08/13/03;
Local Planning Agency: 08/25/03; First Public Hearing: 09/23/03; Second
Public Hearing: 10/14/03. 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.
(#20030902-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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