District #1Bob
Janes |
District #2 Douglas St. Cerny Vice Chairman |
District #3 Ray
Judah
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District #4 Andrew W. Coy |
District #5 John E. Albion Chairman |
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Donald D. Stilwell, County Manager |
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James
G. Yaeger, County Attorney |
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June 8, 2004 |
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
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9:30
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Invocation: |
Pastor
Elliot Penn |
Fort Myers Christian Center |
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Pledge
of Allegiance |
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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
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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
until 5:00 PM |
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June
8, 2004
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1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Approve Budget Amendment Resolution to establish
budget for the approved $40,000,000 from the Tax Exempt Commercial Paper
Program for the new Sanibel Causeway Spans B & C and Approve a Resolution
and Transfer to reduce a General Fund Loan Commitment from $20,000,000 to
$10,000,000. WHY ACTION
IS NECESSARY: Budget Amendment Resolutions must be approved to
recognize anticipated proceeds from the Tax Exempt Commercial Paper Program
and Changes in the General Fund Loan Commitment. WHAT ACTION
ACCOMPLISHES: Establishes the accounts necessary to properly
account for the proceeds from the Tax Exempt Commercial Paper Program and
Reduce the General Fund Loan Commitment.
(#20040676-Budget Services) |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION REQUESTED: Approve Addendum to the Construction Manager
Agreement, for RFQ-02-04 Justice Center Expansion Phase 3 Renovations (4th
& 5th Floor Pods A and B; Restroom Remodeling; Elevator Lobby
Improvements and Central Energy Plant Alterations), with Centex Rooney
Construction Company (Contract #2161) to include the Guaranteed Maximum Price
(GMP) for Phase 3 in the amount of
$4,461,958.00 (which includes the 4% CM Fee). 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. WHY ACTION IS NECESSARY: Board approval required. WHAT ACTION ACCOMPLISHES: Provides Construction Management for the Justice
Center Expansion Phase 3 Renovations.
(#20040662-Construction and Design) |
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ACTION
REQUESTED: Approve change of ownership of lease for 8951 Bonita
Beach Road, Suite 565 in Bonita Springs, Florida from CRF Springs Plaza
Limited Partnership to Bonita Beach 41 LLC, c/o Ram Realty Services, 3399 PGA
Blvd., Suite 450, Palm Beach Gardens, Florida 33410. This lease is in effect until July 31,
2005 and has one, two year renewal period that would extend it to July 31,
2007. This facility is currently
being utilized by the Lee County Sheriff’s Department. WHY ACTION
IS NECESSARY: Board must approve all leases and change of
ownership of those leases. WHAT ACTION
ACCOMPLISHES: Enables the county to be able to pay the new owner
of the facility.
(#20040670-Facilities Management) |
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ACTION REQUESTED: Approve Budget Amendment Resolution and Budget
Transfer to establish $900,000 for the Sports Complex Weight Room and Meeting
Room project and amend FY 03/04 – 07/08 CIP accordingly. WHY ACTION IS NECESSARY: Board approval is required for revisions to CIP. WHAT ACTION ACCOMPLISHES: The establishment of the Sports Complex Weight
Room and Meeting Room project authorizes planning to begin so that a facility
with approximately 6,000 square feet can be constructed. (#20040679-Construction and Design) |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Board approval to accept $9,700 grant awarded to
Animal Services from the Southwest Florida Community Foundation. Approve Budget Amendment Resolution in the
amount of $9,700.00. WHY ACTION
IS NECESSARY: Formal acceptance of the
grant funding sought by Animal Services. WHAT ACTION
ACCOMPLISHES: Accepts the Southwest Florida Community Foundation
grant to be used by Animal Services to help supply KIND News subscriptions to
Lee County public schools, grades kindergarten through 5th
grade. The publication provides
humane education and teaches responsible pet ownership. (#20040599-Animal Services) |
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ACTION
REQUESTED: Accept by donation Perpetual Stormwater Drainage
Easement for Parcel 100 for the Boca Grande Drainage, Project No. 6047;
authorize the Division of County Lands to handle and accept all documentation
necessary; authorize necessary costs and fees to close. WHY ACTION
IS NECESSARY: The Board must accept all real estate conveyances
to Lee County. WHAT ACTION
ACCOMPLISHES: Allows the County to proceed with project without
going to eminent domain proceedings.
(#20040602-County Lands) |
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ACTION
REQUESTED: Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-04-03 MSBU MASTER CONTRACT, in the following order of ranking, and authorize contract negotiations to commence with the number one ranked firm: (1) JRI Engineering, Inc.; (2) Vanasse & Daylor, LLP; and (3) Kisinger Campo & Associates Corp. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Provides Lee County with a consultant that will
provide any and all consulting services for MSBU (Municipal Service Benefit
Unit) Master Contract.
(#20040672-MSTBU Services) |
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ACTION REQUESTED: Approve Budget Amendment Resolutions and Budget
Transfers, in MSTBU Program funds, to close construction funds and to move
funds into appropriate expenditures. WHY ACTION IS NECESSARY: The Board must approve all budget amendments and
transfers from reserves. WHAT ACTION ACCOMPLISHES: Allows staff to close out funds for completed
projects and expend funds from appropriate accounts. (#20040683-MSTBU Services) |
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7. |
PUBLIC SAFETY |
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ACTION
REQUESTED: Authorize Chairman to approve a Certificate of
Public Convenience and Necessity (CON) to the Estero Fire Rescue (District)
to conduct advance life support (ALS) non-transport service, emergency
medical service care. WHY ACTION
IS NECESSARY: Commission Chairman’s signature is required to
execute CON. WHAT ACTION
ACCOMPLISHES: Grants the applicant license to provide ALS
service in accordance with State law and provision contained in Lee County
Ordinance 02-19. (#20040660-EMS) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: Request Board approve and authorize the Chairman
to sign this agreement between Florida Department of Transportation (FDOT)
and Lee County, transferring jurisdictional responsibility for that portion
of Daniels Road from the western extent of the limited access right of way of
I-75 (State mile post 7.247) to the Port Authority property line, east of
Treeline Avenue (mile post 7.991), a distance of 0.744 miles. WHY ACTION
IS NECESSARY: Board of County Commissioners must approve all
agreements. WHAT ACTION
ACCOMPLISHES: Transfers Jurisdiction of 0.744 miles of Daniels
Road from FDOT to Lee County.
(#20040650-Transportation) |
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ACTION
REQUESTED: Approve budget transfer in the amount of $500,000
from cancelled capital improvement project number 20502618805, US 41/Hancock
Intersection, to Del Prado/Nalle Grade Extension project and amend
FY03-04/07-08 Capital Improvement Program. WHY ACTION
IS NECESSARY: Board approval required for amendments to CIP. WHAT ACTION
ACCOMPLISHES: Provides funds to start corridor study for new
connection from Cape Coral/North Fort Myers/Bayshore to I-75. (#20040659-Transportation) |
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10. |
UTILITIES |
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ACTION REQUESTED: Approve final acceptance, by Resolution, and
recording of one (1) Utility Easement as a donation of a water main
extension, fire hydrant, 6” diameter fire line and a force main connection
serving Suncoast Contractors Supply. This is a Developer Contributed asset project located on the
south side of Kutak Road, approximately 1,000 feet east of Metro Parkway. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to the recently constructed industrial building. WHAT ACTION ACCOMPLISHES: Places the water main and force main into
operation and complies with the Lee County Utilities Operations Manual. (#20040515-Utilities) |
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ACTION REQUESTED: Approve construction of a water main extension for
a roadway project known as Jobe Road
Extension. This is a Developer
contributed asset project located at the northwest corner of Daniels Parkway
and Palomino Road. WHY ACTION IS NECESSARY: To connect two deadend water mains while the new
road is being constructed. WHAT ACTION ACCOMPLISHES: Complies with the Lee County Utilities line
extension policy.
(#20040630-Utilities) |
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ACTION REQUESTED: Approve construction of a gravity main extension
serving Southwest Florida Baptist
Church. This is a Developer
contributed asset and the project is located along the north side of McGregor
Boulevard approximately 1,500’ east of Davis Road. WHY ACTION IS NECESSARY: To provide sanitary sewer service to this existing
church. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual.
(#20040631-Utilities) |
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ACTION REQUESTED: Approve final acceptance, by Resolution, as a
donation of one (1) 4” diameter fire line, one (1) potable water service and
one (1) sanitary sewer service serving Tires Plus Total Car Care. This is a Developer Contributed asset
project located on the south side of Corkscrew Commons Drive, approximately
600 feet east of Corkscrew Crossings Boulevard. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to the recently constructed commercial building. WHAT ACTION ACCOMPLISHES: Places the fire line into operation and complies
with the Lee County Utilities Operations Manual. (#20040632-Utilities) |
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ACTION REQUESTED: Approve final acceptance by Resolution, as a
donation of a water distribution and gravity collection system serving West Bay Club, Nature’s Cove, Phase II. This is a developer contributed asset
project located on the north side of Williams Road approximately ¼ mile west
of South Tamiami Trail. 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. (#20040633-Utilities) |
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ACTION REQUESTED: Approve construction of a water main and gravity
main extension serving Estero Verde. This is a Developer contributed asset and
the project is located along the south side of Pine Road, approximately 500’
west of US 41. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this proposed 29-unit 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.
(#20040634-Utilities) |
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ACTION REQUESTED: Approve construction of a water main extension,
serving Herons Glen – Unit 13. This is a Developer contributed asset and
the project is located approximately 1-1/2 miles west of U.S. 41 and
approximately ¼ mile south of the Lee/Charlotte county line. WHY ACTION IS NECESSARY: To provide potable water service and fire
protection 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 infrastructure to support
development of the subject property.
(#20040635-Utilities) |
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ACTION REQUESTED: Approve construction of a water main extension and
force main extension serving Preserve
Plaza. This is a Developer
contributed asset project which is located on the west side of U.S 41
approximately 500’ south of Park Road. WHY ACTION IS NECESSARY: To provide potable water service, fire protection,
and sanitary sewer service to this commercial development. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual.
(#20040664-Utilities) |
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11. |
PARKS AND RECREATION |
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12. |
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).
(#20040661-Clerk of Courts) |
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ACTION REQUESTED: Approve the Expenditure of $117,740 from the Law
Enforcement Trust Fund #10500 and $56,580 from the CLEAN funds #10502. Approve budget amendment resolutions in
the amounts of $31,951 for Fund 10500 and $47,347 for Fund 10502 for
unanticipated confiscated property revenues as partial funding for these
expenditures. Authorize transfers
from Fund 10502 Reserves in the amount of $78,544 and from Fund 10502
Reserves in the amount of $9,233, representing the balance needed to cover
these expenditures over and above existing unspent budget. WHY ACTION IS NECESSARY: Florida State Statue 932.7055 requires Board of
County Commissioners approval of expenditures from the Law Enforcement Trust
Fund, which is funded by revenues from confiscated property. WHAT ACTION ACCOMPLISHES: Funds will be used to provide drug abuse education
and prevention and accessories for investigations and investigative
costs. (#20040645-Sheriff) |
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ACTION
REQUESTED: Approve Expenditures in the amount of $723,418 by the Lee County Sheriff’s Office. Revenues for these expenditures were from various fees, services, etc. that were collected by the Sheriff’s Office during the period of 10/01/03-04/30/04. WHY ACTION
IS NECESSARY: Board approval is needed to expend funds
collected. WHAT ACTION
ACCOMPLISHES: Enable Sheriff’s Office to offset
expenditures. (#20040646-Sheriff) |
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ACTION
REQUESTED: Approve transfer from the General Fund Reserves in
the amount of $590,468 for staffing of the housing areas of the Core
Facility. WHY ACTION
IS NECESSARY: Board approval is needed to transfer funds from
reserves. WHAT ACTION
ACCOMPLISHES: To provide for personnel and operating start-up
for the housing areas of the Core Facility.
(#20040675-Sheriff) |
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June
8, 2004
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1. |
COUNTY ADMINISTRATION |
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2. |
CONSTRUCTION AND DESIGN |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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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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10. |
UTILITIES |
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11. |
PARKS AND RECREATION |
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12. |
COUNTY ATTORNEY |
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ACTION REQUESTED: Elect three members of the Board of County
Commissioners to serve on the 2004 Value Adjustment Board and direct an
organizational meeting of the Board to be held upon the call of the Board. WHY ACTION IS NECESSARY: To provide Board of County Commissioners
representation on the 2004 Value Adjustment Board. WHAT ACTION ACCOMPLISHES: Establishes Board of County Commissioners
membership for the 2004 Value Adjustment Board. (#20040674-County Attorney) |
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ACTION REQUESTED: Approve mediated settlement in Lee County v.
Vision XXIII, Case No. 02-10642CA, Parcel 102B and 102C. WHY ACTION IS NECESSARY: Board must approve settlement. WHAT ACTION ACCOMPLISHES: Settles all claims for the acquisition of Parcels
102B and 102C except fees and costs.
(#20040688-County Attorney) |
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ACTION REQUESTED: Consider, approve and authorize the Chairman on
behalf of the Board, to execute the First Amendment to 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, adding a new Exhibit C. (Payment Schedule). WHY ACTION IS NECESSARY: Provides a First Amendment to the Lease Agreement
for the payment for the long-term use of the first floor of the new Building
by the City of Fort Myers, incorporating final cost numbers for the project
and a new Exhibit C. (Payment Schedule). WHAT ACTION ACCOMPLISHES: Provides for a revised Payment Schedule (Exhibit
C.) for occupancy in the Building by the City of Fort Myers Building
Department and Code Enforcement staff.
(#20040692-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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PUBLIC AGENDA
June 8, 2004
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5:00
PM |
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Public
Hearing |
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ACTION
REQUESTED: Conduct a Public Hearing to adopt a Resolution to Vacate a 10-foot +/ - wide Alley/Road Right-of-Way Easement located between Palm Avenue and East Railroad Avenue in Boca Grande, Florida. (Case No. VAC2003-00027) WHY ACTION
IS NECESSARY: The property owners fronting the Alley want to
eliminate the public interest in the platted right-of-way. The Alley/Right-of-Way is not open to
traffic and is not necessary to accommodate any
future traffic requirement. WHAT ACTION
ACCOMPLISHES: Vacates the Alley/Road Right-of-Way Easement. (#1)
(#20040680-Development Services) |
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Public
Hearing
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ACTION
REQUESTED: Conduct a Public Hearing to adopt a Resolution to
Vacate two (2) 12-foot wide Public Utility Easement located at 5600, 5594 and
5584 6th Street West,
Lehigh Acres, Florida 33971 (Case No.
VAC2004-00020). WHY ACTION
IS NECESSARY: Future construction of a commercial building on
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: Vacates the Drainage and/or Public Utility
Easement. (S30-T44S-R26E) (#5)
(#20040684-Development Services) |
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Public Hearing |
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ACTION
REQUESTED: Conduct a Public Hearing to adopt a Resolution a
portion of Leetana Road Right-of-Way located at 17600 Pritchett Pkwy, North
Fort Myers, Florida 33917 (Case No. VAC2002-00058). WHY ACTION
IS NECESSARY: To allow signage for a proposed subdivision. The
vacation of these rights-of-way will not alter existing utilities or traffic
conditions, and the rights-of-way are not necessary to accommodate any future
utilities or traffic requirement. WHAT ACTION
ACCOMPLISHES: Vacates the Right-of-Way. (S21-T43S-R25E) (#4)
(#20040677-Development Services) |
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Public Hearing |
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ACTION REQUESTED: Approve Resolution of Final Assessment for the
Country Triple Crown Water MSBU WHY ACTION IS NECESSARY: The Board is required by Ordinance to adopt
Resolution of Final Assessment WHAT ACTION ACCOMPLISHES: Allows staff to finalize project, prepare and
assess property owners for the project cost.
(#20040549-MSTBU Services) |
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Public Hearing |
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ACTION
REQUESTED: Conduct a Public Hearing to enact a Reviser’s
Ordinance Repealing Lee County Ordinance 96-10, captioned Court Filing Fees
for Legal Aid, for the reason that it is obsolete. WHY
ACTION IS NECESSARY: Board must formally adopt an Ordinance at a
scheduled, advertised Public Hearing.
Amends, by Resolution, AC 3-10 External Fee Number 6-2*. WHAT
ACTION ACCOMPLISHES: Will repeal Lee County Ordinance 96-10 providing
for consistency and updatedness and amends the Administrative Code and removes
External Fee Number 6-2*. (#20040525-County Attorney) (TO BE CONTINUED TO 06-22-04 @5:00 PM) |
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5:05 PM |
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Public Hearing |
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ACTION REQUESTED: Conduct first public hearing on proposed amendment
of Lee County Land Development Code regarding Estero Special Development
Areas (Sunset Provision) to Public Hearings.
After public hearing, direct the ordinance to the second public
hearing on June 22, 2004. WHY ACTION IS NECESSARY: Public Hearings are necessary to adopt amendments
to the LDC. WHAT ACTION ACCOMPLISHES: Allows for discussion and public input on proposed
LDC amendments. (#20040694-County
Attorney) |
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5:05
PM |
Public
Presentation of Matters by Citizens |
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Adjourn |
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