District #1

Bob Janes

District #2

Douglas St. Cerny

District #3

Ray Judah

 

District #4

Andrew W. Coy

District #5

John E. Albion

 

 

Donald D. Stilwell,

County Manager

 

James G. Yaeger, County Attorney

November 18, 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 Chuck Smith

Broadway Church of God

 

 

 

 

Pledge of Allegiance

 

 

 

 

Annual Reorganization of the Board of County Commissioners-(#20031220-Public Resources)

 

 

 

Presentations:

 

 

·   

Cape Coral Citizen of the Year Resolution

 

 

(Commissioner Coy-#20031294)

 

 

·   

National and Florida Storytelling Week Resolution

 

 

(Commissioner Albion-#20031295)

 

 

·   

Alzheimer’s Awareness Month Resolution

 

 

(Commissioner St. Cerny-#20031296)

 

 

·   

Lee County Animal Services Florida Animal Control Association Resolution

 

 

(Commissioner St. Cerny-#20031314)

 

 

 

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

 

 

 

Appeals Agenda

 

 

 

Walk-ons and Carry-overs

 

 

 

Commissioners' Items/Committee Appointments

 

 

 

County Manager Items

 

 

 

County Attorney Items

 

 

 

Adjourn

CONSENT AGENDA

November 18, 2003

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Request Board of County Commissioners to adopt a resolution authorizing a new Commercial Paper Draw (A-13-3-Fund 35208 University Overlay #3 Landscaping MSBU and maturity date that refunds a previous loan  (A-13-2 – Fund 35211 University Overlay Landscaping Debt Expense) for the University Overlay #3 Landscaping MSBU project and approve budget amendment.

WHY ACTION IS NECESSARY:

The current Commercial Paper Draw (A-13-2) expires on December 2, 2003 and needs to be extended to December 7, 2004.

WHAT ACTION ACCOMPLISHES:

Allows the Commercial Paper Draw maturity date for the University Overlay #3 Landscaping MSBU to be extended.  (#20031275-Budget Services)

 

 

(b)

ACTION REQUESTED:

Request Board of County Commissioners to adopt a resolution authorizing a new Commercial Paper Draw for $320,000 (A-11-4-Fund 35207 NE Hurricane Bay MSBU and maturity date that along with a $30,000 cash payment refunds a previous Commercial Paper loan for $350,000 (A-11-3 – Fund 35282 NE Hurricane Bay Debt Expense) for the NE Hurricane Bay Landscaping MSBU project and approve budget amendment.

WHY ACTION IS NECESSARY:

The current Commercial Paper Draw (A-11-3) expires on December 2, 2003 and needs to be extended to December 7, 2004 with Draw A-11-4.

WHAT ACTION ACCOMPLISHES:

Allows the Commercial Paper Draw maturity date for the NE Hurricane Bay MSBU to be extended.  (#20031276-Budget Services)

 

 

(c)

ACTION REQUESTED:

Request adoption of a resolution authorizing the borrowing of up to $1,100,000 from the Tax Exempt Commercial Paper Program for the Gasparilla Beach Renourishment MSBU.

WHY ACTION IS NECESSARY:

MSBU projects must be included in a resolution prior to funding the improvements with Commercial Paper.

WHAT ACTION ACCOMPLISHES:

Approval of the resolution allows for specific draws on the credit line to be made to provide construction funds.  (#20031277-Budget Services)

 

 

(d)

ACTION REQUESTED:

Authorize Budget Amendment Resolutions for the receipt of $40,815,000 of bond proceeds from the Capital and Transportation Facilities Refunding Revenue Bonds, Series 2003.

WHY ACTION IS NECESSARY:

Budget Amendment Resolutions must be approved to receive bond proceeds.

WHAT ACTION ACCOMPLISHES:

Establishes the accounts necessary to receive bond proceeds.  (#20031304-Budget Services)

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Accept a Petition to Vacate a ±290’ long portion of a platted 20-foot wide Sanitary Sewer Easement located within Lot 10 of Market Square (Target Plaza on US 41 South), Fort Myers, Florida, and adopt a resolution, setting a Public Hearing for 5:00 PM on the 9th day of December 2003.  (Case No. VAC2003-00061)

WHY ACTION IS NECESSARY:

To construct a new commercial building.  The vacation of this easement will not alter existing drainage 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.  (#20031299-Development Services)

 

5.

HUMAN SERVICES

 

 

(a)

ACTION REQUESTED:

Approve Amendments to Lee County's HUD Consolidated Plan FY 2003-2007 and authorize the Chairman to sign the HUD Transmittal Letter.  Adopt a Resolution to amend Lee County Administrative Code AC 15-2.

WHY ACTION IS NECESSARY:

HUD regulations and the County Administrative Code 15-2 require Board approval for significant HUD CDBG Program amendments.

WHAT ACTION ACCOMPLISHES:

Allows for more efficient processing of minor amendments to the Plan. (#20031231-Human Services).

 

 

(b)

ACTION REQUESTED:

Amend a Contract between Lee County Board of County Commissioners (BOCC) and The Health Planning Council of Southwest Florida, Inc. for the Housing Opportunities for Persons with AIDS Program (HOPWA).  This amendment expands the Health Insurance Portability and Accountability Act (HIPAA) language in the contract.

WHY ACTION IS NECESSARY:

This amendment is made at the request of the Health Planning Council of Southwest Florida.

WHAT ACTION ACCOMPLISHES:

Provides a fuller explanation of requirements under HIPAA for this contract.  (20031302-Human Services)

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve Purchase Agreement for acquisition of Freeman parcel, Three Oaks Widening Project No. 4081, in the amount of $2,773,000; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:

The Board avoids Eminent Domain.  (#20031279-County Lands)

 

 

(b)

ACTION REQUESTED:

Authorize submission of the Library Division’s Annual Plan of Service to the Florida Department of State, Division of Library and Information Services for FY 2003 – 2004.

WHY ACTION IS NECESSARY:

To remain eligible for the State Aid to Libraries Grant Program, Florida Administrative Code 1B-2 requires submission of this document to the State no later than December 1, 2003.

WHAT ACTION ACCOMPLISHES:

Fully qualifies the Lee County Library System for funding.  (#20031285-Library)

 

 

(c)

ACTION REQUESTED:

Consider Settlement Agreement with Kirk W. Beck, Tr. for the delinquent Colonial Boulevard Extension MSBU Assessment; Parcel No. 25-44-25-P4-00062.0000.

WHY ACTION IS NECESSARY:

All settlements in lieu of legal action must be approved by the Board of County Commissioners.

WHAT ACTION ACCOMPLISHES:

Approval of the proposed settlement offer will resolve all outstanding delinquency issues for the subject parcel in the Colonial Boulevard Extension MSBU.  (#20031309-MSTBU Services)

 

 

(d)

ACTION REQUESTED:

Approve the award of Project # EX040059, the purchase of Oracle software support, for Lee County ITG, at Florida State Contract pricing, from the Oracle Corporation.  Grand total cost:  $178,399.87.  Permission is also requested to purchase this maintenance, for the useful life of this software, via the Florida State Contract at an annual cost of approximately $200,000 per year.

WHY ACTION IS NECESSARY:

Purchases over $50,000 must be approved by the Board.

WHAT ACTION ACCOMPLISHES:

Provides Lee County with maintenance for its Oracle software products currently in use for the period of 8/30/03 through 8/29/04.  (#20031319-ITG)

 

 

(e)

ACTION REQUESTED:

Approve the award of Project # EX040060, the purchase of Cisco network hardware and maintenance, for Lee County ITG, at Florida State Contract pricing, from Solarcom LLC.  Grand total cost:  $127,946.33.  Permission is also requested to purchase the annual maintenance for the useful life of this hardware at an annual cost of approximately $20,000 per year.

WHY ACTION IS NECESSARY:

Purchases over $50,000 must be approved by the Board.

WHAT ACTION ACCOMPLISHES:

Provides the County with spare parts to decrease the downtime associated with the Local Area Network.  Maintenance contract costs with Cisco can be reduced from $110,900 per year to $60,355, saving the County $50,546 per year.  ROI of 2.5 years.  These spares would be used as a Network Test Lab.  (#20031321-ITG)

 

 

(f)

ACTION REQUESTED:

Award B-04-01 Country/Triple Crown Court Waterline MSTBU, for the Public Resources Division, to the low bidder meeting all bidding requirements, Southwest Utility Systems, Inc., for a total not-to-exceed amount of $334,540.00 with a project completion time of 120 calendar days.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

To provide a contractor who will install approximately 1,500 feet of 4 inch waterline and 6,600 feet of 8 inch waterline servicing 55 residential units.  (#20031317-MSTBU Services)

 

 

(g)

ACTION REQUESTED:

Approve Change Order No. 5 to Lee County Contract No. 2299 with SchlumbergerSema under CN-02-28 Information Technology & Telecommunications Outsourcing Services, for additional staffing to support the installation and monitoring of the downtown Fiber Sonet ring in the amount of $190,000.

WHY ACTION IS NECESSARY:

Board approval required for contract changes.

WHAT ACTION ACCOMPLISHES:

Increases Schlumberger contract value for the following Conduit Design and Engineering-$50,000; Electronics Installation-$24,000; Technical support one year-$75,000; Project Management-$35,000; Conformance testing-$6,000.  (#20031323-ITG)

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Authorize chairman to execute two agreements with Louetta H. Muller, Emergency Planning Services to conduct health care facility emergency plan and hazardous materials hazard analysis reviews.

WHY ACTION IS NECESSARY:

Board authorization of expenditures over $50,000 is required to execute the Agreements.

WHAT ACTION ACCOMPLISHES:

Continues contracts for certain emergency planning services currently provided by private vendor.  (#20031255-Emergency Management)

 

 

(b)

ACTION REQUESTED:

Approve the Helicopter Component Support Agreement between American Eurocopter LLC and Lee County Board of County Commissioners for Eurocopter EC145 Helicopter, to cover all scheduled and unscheduled airframe maintenance, for an amount of $311.00 per hour of flight time, with a contract term of Five (5) years.  Also approve any adjustments in this rate by American Eurcopter LLC annually on or after January 2 of each year during the contract term.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Provides Lee County Public Safety with a Helicopter Component Support Agreement for the new Eurcopter EC145 helicopter airframe.  (#20031320-EMS)

 

 

(c)

ACTION REQUESTED:

Approve the Support By the Hour (SBH) Agreement between Turbomeca USA Inc. and Lee County Board of County Commissioners to provide maintenance and parts for the new helicopter’s engines.

WHY ACTION IS NECESSARY:

Board approval is required for all agreements.

WHAT ACTION ACCOMPLISHES:

Provides engine parts and maintenance for the new EMS helicopter at a fixed price.  (#20031324-EMS)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Approve 1 Mandatory Garbage Hardship Payment Deferral request for Fiscal Year 03/04, October 1, 2003 through September 30, 2004.  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.  (#20031239-Solid Waste)

 

 

(b)

ACTION REQUESTED:

Award B-03-17 Bonita Beach Re-Nourishment Project, for the Division of Natural Resources, to the low bidder meeting all bidding requirements, Lake Michigan Contractors, Inc., for a total not-to-exceed amount of $1,659,576.00 with a project completion time of 250 calendar days.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides a contractor for the nearshore excavation of approximately 144,000 CY of beach compatible sand from the Big Carlos Pass ebb shoal, and the placement of the material along approximately 3,900 feet of the Bonita Beach shorefront between FDEP monuments R226+50’ to R-230 (including taper sections).  The project includes the excavation, transportation, placement and grading of sand.  The project also includes the planting of vegetation and the placement of pedestrian access points along the dune, as well as site restoration at the completion of project construction.  (#20031290-Natural Resources)

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve Supplemental Task Authorization No. 2 to Contract No. 2493, with Pitman-Hartenstein & Associates, Inc. in the amount of $61,397.00 for the surveying and design services for a sidewalk on the south side of Bonita Beach Road beginning at Bonita Grande and proceeding approximately 6,000 feet east to match into the existing sidewalk at the Palmeria subdivision.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides surveying and design services for a sidewalk on the south side of Bonita Beach Road.  The proposed sidewalk will begin at Bonita Grande Drive and proceed approximately 6,000 feet east to match into the existing sidewalk at the Palmeria subdivision.  (#20031243-Transportation)

 

 

(b)

ACTION REQUESTED:

Approve Supplemental Task Authorization No.1 to Contract #2482, with TKW Consulting Engineers Inc., under CN-03-07 Miscellaneous Professional Services, for Arthur Avenue and Homestead Road Sidewalk, for a total lump sum amount of $81,600.00.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

This project will provide a consultant for a ROW and topographic survey, preliminary study and construction documents for Arthur Avenue and Homestead Road Sidewalk.  (#20031249-Transportation)

 

 

(c)

ACTION REQUESTED:

Approve budget resolution and amend FY04-08 Capital Improvement Program accordingly.

WHY ACTION IS NECESSARY:

Requires BOCC approval for budget resolutions and amendments to CIP.

WHAT ACTION ACCOMPLISHES:

Allows County to construct sidewalks along Ragsdale Street from Old 41 Road to Matheson, and Childers Street from Old 41 to Horne Avenue in Bonita Springs under a current County contract and to accept reimbursement from the City of Bonita Springs.  (#20031291-Transportation)

 

 

(d)

ACTION REQUESTED:

Approve Change Order No. 4 to Contract 2126 with Big Tree, Inc. for B-02-09, Corkscrew Road Landscape Irrigation Project, for a total not-to-exceed amount of $195,924.46.  Also, approve transfer from 6024-Roadway Landscape Project to this project.

WHY ACTION IS NECESSARY:

Board Approval Required.

WHAT ACTION ACCOMPLISHES:

Increases contract to cover additional landscaping, irrigation, and maintenance on Corkscrew Road from Sandy Lane to Corkscrew Woodlands.  Also extends existing maintenance for one additional year.  (#20031316-Transportation)

 

 

(e)

ACTION REQUESTED:

Approve Supplemental Agreement No. 1, for RFQ-03-03 Sanibel Bridge & Toll Plaza Reconstruction along with Cape Coral Toll Plaza, with Jacobs Construction Services, Inc. (Contract #2632) to include the mobilization fee in the amount of $500,000.00.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Will allow payment to the Construction Manager to mobilize for the Sanibel Bridge project.  (#20031322-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve construction of a water and gravity main extension serving Grande Oak, Tract 5. This is a Developer contributed asset and the project is located on the north side of Corkscrew Road, approximately 1 mile east of Ben Hill Griffin Boulevard.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Complies with the Lee County Utilities line extension policy and provides adequate water and sanitary sewer infrastructure to support development of the subject property.  (#20031234-Utilities)

 

 

(b)

ACTION REQUESTED:

Approve construction of a force main extension serving CVS Pharmacy. This is a Developer contributed asset project located at the southwest corner of Pondella Road and U.S. 41North.

WHY ACTION IS NECESSARY:

To provide sanitary sewer service to the proposed Pharmacy.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20031240-Utilities)

 

 

(c)

ACTION REQUESTED:

Approve construction of a water distribution and gravity collection system serving TERRAPIN SHORES. This is a Developer-contributed asset project located on the southwest corner of McGregor Boulevard and Kelly Road.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to the proposed 49 lot 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.  (#20031241-Utilities)

 

 

(d)

ACTION REQUESTED:

Approve final acceptance by Resolution, as a donation of a water distribution system and a gravity collection system serving Timber Lake at Three Oaks (Phase III).  This is a developer contributed asset project located on the south side of Winged Foot Drive, approximately ¼ mile west of Three Oaks Blvd.

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.  (#20031242-Utilities)

 

 

(e)

ACTION REQUESTED:

Approve for acceptance and filing with the Clerks Office, Minutes Department, and an after-the-fact emergency under E-03-08, GES Resolution No.  03-07-08 for STA No. 5, Miscellaneous Utility Engineering Design and/or Inspection Services, to TKW Consulting Engineers Inc., (Contract No. 1862), for the Gateway Wastewater Facilities Improvements, in the amount of $596,400.00.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Provides after-the-fact approval under the emergency GES Resolution for STA No. 5 for the project known as the Gateway Wastewater Facilities Improvements.  (#20031244-Utilities)

 

 

(f)

ACTION REQUESTED:

Award Professional Services Agreement for CN-03-02 Design of Corkscrew 5 MGD Wellfield Expansion, to Johnson Engineering Inc., for a total lump sum amount of  $820,749.00.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

This project involves the Consultant providing professional engineering and related services to provide test wells phase, surveying phase, easement acquisition phase, preliminary design phase, final design phase, geotechnical, permitting and construction phase services for the Corkscrew 5 MGD Wellfield Expansion.  (#20031250-Utilities)

 

 

(g)

ACTION REQUESTED:

Approve construction of a water distribution and gravity collection system serving Lakewood Village.  This is a Developer contributed asset and the project is located on Lakewood Blvd. approximately 1200’ west of Summerlin Road.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to the proposed 190-lot 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.  (#20031256-Utilities)

 

 

(h)

ACTION REQUESTED:

Approve construction of water and gravity main extensions serving Legends, Tract ‘L-2’.   This is a Developer contributed asset project located on the west side of Fiddlesticks Boulevard approximately 2 miles south of Daniels Parkway.

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:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20031257-Utilities)

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Approve Resolution of Necessity for the acquisition and condemnation of Parcels 117, 200, 201A, 201B, 207, 208 and 300 for the Bonita Beach Road Widening, Project 4044.

WHY ACTION IS NECESSARY:

The Board must approve all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:

The Resolution of Necessity allows the County to proceed with condemnation, if necessary, so parcels can be obtained for the Bonita Beach Road Widening Project.  (#20030894-County Attorney)

 

 

(b)

ACTION REQUESTED:

Per Florida Statutes 193.461(3)(a), waive the requirement that an annual application or statement be made for agricultural classification of property within the County after an initial application is made and the classification granted.

WHY ACTION IS NECESSARY:

Florida Statutes authorize the County to waive the requirement, if requested by the Property Appraiser.

WHAT ACTION ACCOMPLISHES:

Waives the requirement for annual filing for Agricultural Exemption, if prior application is made and classification granted.  (#20031195-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).  (#20031280-Clerk of Courts)

 

 

(b)

ACTION REQUESTED:

Approve lease with Lomangino Enterprises, Inc. for 2,606 square feet of space in the facility located at 1446-1448 Lee Boulevard in Lehigh Acres, to be occupied by the Lee County Tax Collector’s office.  Lease will be for 3 years with the option to renew for 3 additional 1-year periods.  Lease cost will be $27,623.64 annually with no CAM.  Lease cost will increase 3% per year.  Lease can be terminated by giving 6 months advance written notice.

WHY ACTION IS NECESSARY:

Board must approve all lease agreements.

WHAT ACTION ACCOMPLISHES:

Allows the Lee County Tax Collector’s office to remain in their current location in Lehigh Acres to service the citizens of that area.  They have occupied this facility for the last six years.  (#20031301-Tax Collector)

 

ADMINISTRATIVE AGENDA

November 18, 2003

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Adopt a resolution approving a proposed interpretation of Lee Plan Objective 17.1, relating to public facilities in Buckingham.

WHY ACTION IS NECESSARY:

The Board of County Commissioners must render the final decision as to the correct interpretation of provisions of the Lee Plan.  (Chapter XIII, Lee Plan)

WHAT ACTION ACCOMPLISHES:

See above.  (#20031310-Planning)

 

 

(b)

ACTION REQUESTED:

Adopt a resolution approving a proposed interpretation of Lee Plan Policy 17.1.3, relating to minimum lot size.

WHY ACTION IS NECESSARY:

The Board of County Commissioners must render the final decision as to the correct interpretation of provisions of the Lee Plan.  (Chapter XII, Lee Plan)

WHAT ACTION ACCOMPLISHES:

See above.  (#20031311-Planning)

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Authorize approval of the purchase of Parcel 225 in the amount of $13,500.00, for the Conservation 2020 Land Acquisition Program, Project No. 8800; payment of necessary costs and fees to close; the Chairman on behalf of the Board of County Commissioners to execute purchase Agreement; and the Division of County Lands to and handle and accept all documentation necessary to complete 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. 20030134 for Conservation 2020 Program.  (#20031217-County Lands)

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Approve Bid Waiver #W-040033 to waive the formal quotation procedure and allow Public Safety to proceed with the purchase of software and licenses for 9 dispatch positions at the Cape Coral Police Department.  A not-to-exceed amount of $99,000 is requested for this purchase ($92,587 with the remainder for related incidentals), which will be made from Open Software Solutions, Inc.; the sole source provider of this software.

WHY ACTION IS NECESSARY:

Purchases over $50,000 must be approved by the Board.

WHAT ACTION ACCOMPLISHES:

Provides the mapping technology necessary to locate a cellular 9-1-1 caller (mandated by the FCC).  (#20031259-E-911)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Extend the emergency declaration of April 8, 2003 to include Bridge A of the Sanibel Causeway which has been determined to now pose an immediate threat to the safety of the traveling public, and that emergency replacement is necessary.  Also, approve a Resolution stating same for submittal to the U.S. Coast Guard to allow reconstruction to begin under the “Construction Manager (C-M) at Risk” process on an emergency procurement basis for the issuance of the U.S. Coast Guard permits.

WHY ACTION IS NECESSARY:

Board of County Commissioners’ approval is required for any Emergency Declarations.

WHAT ACTION ACCOMPLISHES:

Allows the County to proceed with reconstruction of Bridge A under the “Construction Manager (C-M) at Risk” process upon expedited selection of the Construction Manager.  (#20031340-Transportation)

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Approve the Resolution of Necessity for the acquisition and condemnation of parcels required for the Summerlin Road Six-Laning Project (Pine Ridge Road to Gladiolus Drive), No. 4067.

WHY ACTION IS NECESSARY:

The Board must formally approve the Resolution of Necessity prior to proceeding with condemnation of parcels necessary for the project.

WHAT ACTION ACCOMPLISHES:

Allows the County to proceed with condemnation, if necessary, so parcels can be acquired for the Summerlin Road Six-Laning Project (Pine Ridge Road to Gladiolus Drive), No. 4067.  (#20031271-County Attorney)

 

 

(b)

ACTION REQUESTED:

Approve a resolution to amend Lee County Administrative Code (AC) 11-5, Roads Impact Fee Ordinance Administrative Code.

WHY ACTION IS NECESSARY:

To revise operative provisions of the Administrative Code in conformity with the recent amendment of the Lee County Land Development Code (LDC).

WHAT ACTION ACCOMPLISHES:

Revises Administrative Code 11-5 to be consistent with changes recently approved to the Roads Impact Fee provisions in Chapter 2 of the LDC.  (#20031300-County Attorney)

 

 

(c)

ACTION REQUESTED:

Take under advisement and consider the Board’s adoption of a proposed Resolution sponsored by certain local and state political action groups relating to P.L. 107-56, the “USA Patriot Act”.

WHY ACTION IS NECESSARY:

Prior citizen request and Board direction from the Board’s October 14, 2003 regular meeting.

WHAT ACTION ACCOMPLISHES:

Provides a formal Board response to a citizen request.  (#20031327-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

APPEALS AGENDA

November 18, 2003

 

CONTINUATION OF ADMINISTRATIVE AGENDA

AP #1

ACTION REQUESTED:

Deny appeal of an administrative interpretation of the Lee Plan under the single-family residence provision filed by Billie Adcock on behalf of Kathyrn VanDeMortel.

WHY ACTION IS NECESSARY:

To take action concerning an appeal of a denial for a favorable administrative determination of the Lee Plan under the single-family residence provision.

WHAT ACTION ACCOMPLISHES:

The Board will uphold the determination that the property owner is entitled to construct one single-family residence on the subject parcel after sufficient access to the property is established in accordance with applicable County regulations.  (#20031072-County Attorney)