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

 

 

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 AM

Invocation:

Pastor Brad Liebe

First Assembly of God

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

 

 

·   

Childhood Cancer and Blood Disorder Awareness Month Resolution

 

 

(Commissioner Judah-#20030937)

 

 

·   

Health Center Week Resolution

 

 

(Commissioner Janes-#20030938)

 

 

 

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


CONSENT AGENDA

August 19, 2003

 

1.

COUNTY ADMINISTRATION

 

 

(a)

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)

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

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)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

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)

 

 

(b)

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)

 

 

(c)

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)

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

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)

 

 

(b)

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)

 

 

(c)

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)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

 

(a)

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)

 

 

(b)

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)

 

10.

UTILITIES

 

 

(a)

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)

 

 

(b)

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)

 

 

(c)

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)

 

 

(d)

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)

 

 

(e)

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)

 

 

(f)

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)

 

 

(g)

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)

 

11.

PARKS AND RECREATION

 


12.

COUNTY ATTORNEY

 

 

(a)

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)

 

 

(b)

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)

 

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).  (#20030934-Clerk of Courts)

 

 

(b)

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)

 


15.

CONSTITUTIONAL OFFICERS

 

 

(c)

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)

 

 

ADMINISTRATIVE AGENDA

August 19, 2003

 

 

1.

COUNTY ADMINISTRATION

 

 

(a)

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)

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

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)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

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)

 

 

(b)

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)

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

 

(a)

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)

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

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)

 

 

(b)

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)

 

 

(c)

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)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS