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

 

June 24, 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:

Reverend Paul Vernon

Edgewood United Methodist Church

 

 

 

 

Pledge of Allegiance

 

 

 

 

 

 

Recap

 

 

 

 

 

Public Comment on the Consent and Administrative Agenda

 

 

 

Consent Agenda:

 

·      

Items to be pulled for discussion by the Board

 

·      

Motion to approve balance of items

 

·      

Consideration of items pulled for discussion

 

 

 

Administrative Agenda

 

 

 

Walk-ons and Carry-overs

 

 

 

Commissioners' Items/Committee Appointments

 

 

 

County Manager Items

 

 

 

County Attorney Items

 

 

 

Adjourn until 5:00 PM

CONSENT AGENDA

June 24, 2003

 

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Approve the Application for State Revenue Sharing Fiscal Year 2003-2004 and authorize Chairman to sign the application.

WHY ACTION IS NECESSARY:

Each unit of government is required by the State to file an application in order to be considered for any funds to be distributed under the Revenue Sharing Act.

WHAT ACTION ACCOMPLISHES:

Allocates State Revenue Sharing monies to Lee County.  (#20030676-County Manager)

 

 

(b)

ACTION REQUESTED:

Authorize Budget Amendment Resolutions for the receipt of $60,707,448 of bond proceeds from the Water and Sewer Refunding Revenue Bonds Series 2003A and for the receipt of $8,740,096 of bond proceeds from the Water and Sewer Revenue Bonds, Series 2003B (Gulf Environmental Services Acquisition and Capital Improvements).    Also amend FY02-03/06-07 CIP accordingly.  Authorize Budget Amendment Resolutions for $6,028,422 which covers funds to be transferred from GES to various subfunds in Lee County Utilities at the time of acquisition.

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.  (#20030595-Budget Services)

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

Approve the award of the following project: EX030575, the purchase of modular furniture, related accessories and various furniture pieces at the Florida State Contract price of $946,617.43 from Herman Miller Workplace for use in the new Development Services/Inspector Building.  Also approve the expenditure of a not-to-exceed amount of $95,000.00 for such incidentals as, but not limited to, miscellaneous furniture, overnight shipping, etc.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Allows the Department of Public Works to obtain the necessary furnishings to open the new Development Services/Inspector Building.  (#20030685-Construction and Design)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve Change Order Agreement to the Lee Memorial Health System Medical Director Agreement to provide physicals for EMS employees, in the amount not-to-exceed $100,000.00.

WHY ACTION IS NECESSARY:

Pursuant to the Lee County Contract Manual, approved by the Board on September 25, 2001, Change Orders over $50,000.00 require Board approval.

WHAT ACTION ACCOMPLISHES:

This change order is for Lee Memorial Health Systems to provide physicals for EMS employees.  (#20030291-Human Resources)

 

 

(b)

ACTION REQUESTED:

Approve setting the date of value, for right of way, needed for Corkscrew Road Service Area (CRSA) MSBU, at October 1, 2003.  It is the intent of the CRSA to convey the necessary right of way to the County by November 30, 2003.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Sets date of valuation and upon the conveyance to the County, secures the necessary right of way for this project.  (#20030686-County Lands)

 

 

(c)

ACTION REQUESTED:

Approve Senior AIDES Project/Host Agency Agreement with the Dr. Ella Piper Center to provide temporary employees to Lee County for the purpose of career orientation and training for eligible Seniors.

WHY ACTION IS NECESSARY:

Although the staff provided to us would be employees of the Dr. Ella Piper Center, the Host Agency (Lee County) would be a responsible party under our Equal Opportunity Employment laws.

WHAT ACTION ACCOMPLISHES:

Allows the County to participate in and benefit from the Senior AIDES program.  (#20030678-Human Resources)

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Adopt a resolution to approve changing the street name on a platted street: as recorded De Soto Ave, recorded in Plat Book 1, Page 38, Hillcrest Subdivision and Plat Book 1, Page 58, Woodside Subdivision, Plat Book 8, Page 9, Pine Breeze Subdivision.

WHY ACTION IS NECESSARY:

To be in compliance with Ordinance #88-13

WHAT ACTION ACCOMPLISHES:

This will correct the spelling of the street name and avoid possible delays in emergency service response time.  (#20030701-E-911)

 

 

(b)

ACTION REQUESTED:

Adopt a resolution to approve changing the street name on a platted street: as recorded Eighth Street Court, recorded in Plat Book 15, Page 81, Lehigh Estates Unit 1.

WHY ACTION IS NECESSARY:

To be in compliance with Ordinance #88-13.

WHAT ACTION ACCOMPLISHES:

This change will help avoid possible delays in emergency service response.  (#20030702-E-911)

 

 

(c)

ACTION REQUESTED:

Accept grant award monies from the Florida EMS County Award Grant Program and approve a budget resolution in the amount of $79,486.43.

WHY ACTION IS NECESSARY:

To give budgetary authority to receive grant.

WHAT ACTION ACCOMPLISHES:

Completes application and agreement process that entitles Lee County to accept EMS County Award Grant monies.  (#20030705-EMS)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Approve Task Assignment No. 7 to Florida Department of Environmental Protection Contract No. GC570 in the amount of $244,157.80 for pollutant storage tank inspections for the period July 1, 2003 through June 30, 2004 and authorize the contract manager to sign the Task Assignment Notification Form for Lee County.

WHY ACTION IS NECESSARY:

To continue the contracted Pollutant Storage Tank Inspection Program in Lee County from July 1, 2003 through June 30, 2004.

WHAT ACTION ACCOMPLISHES:

Provides continued funding mechanism for the Pollutant Storage Tank Program.  (#20030700-Natural Resources)

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve Change Order No. 3 to Contract #2035, with TY Lin International, for CN-01-19 Summerlin Road Six Laning between San Carlos and Gladiolus, for a total not-to-exceed amount of $332,248.14.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides for additional design services for sidewalk and street lighting needed to respond to public comment received and continue with the design for the Summerlin Road Six Laning project.  (#20030674-Transportation)

 

 

(b)

ACTION REQUESTED:

Award Professional Services Agreement for CN-02-30 GENERAL CONSULTANT TRAFFIC ENGINEER FOR TRANSPORTATION FACILITIES AND BOND RELATED ISSUES, to URS Corporation, in the not-to-exceed amount of $140,830.00.

WHY ACTION IS NECESSARY:

Requires Board approval.

WHAT ACTION ACCOMPLISHES:

The consultant will on a continuing basis, review, analyze and periodically report to the County on the County’s toll revenue using data including revenue summaries and traffic reports routinely prepared by the County.  In addition, the County may require the Consultant to conduct traffic surveying, origin and destination studies, and facilities.  Further the Consultant may be required to provide expert testimony in judicial or quasi-judicial proceedings regarding toll revenues and existing or proposed revenue producing facilities.  (#20030677-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve final acceptance, by Resolution, as a donation of a water main and a gravity main extension to serve Sherrill Pointe, Phase 2.  This is a developer contributed asset project located approximately ½ north of Iona Road just west of Cook Road.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to this recently constructed phase of the residential subdivision.

WHAT ACTION ACCOMPLISHES:

Places the water and gravity mains into operation and complies with the Lee County Utilities Operations Manual.  (#20030661-Utilities)

 

 

(b)

ACTION REQUESTED:

Approve final acceptance, by Resolution, as a donation for one 6” diameter fire line and recording of a Utility Easement serving Bayshore Industrial Campus – Phase 1.  This is a Developer contributed asset and the project is located south of I-75 and north of Bayshore Road at the end of Interstate Court.

WHY ACTION IS NECESSARY:

To provide fire protection to the recently constructed industrial building.

WHAT ACTION ACCOMPLISHES:

Places the fire line into operation and complies with the Lee County Utilities Operations Manual.  (#20030670-Utilities)

 

 

(c)

ACTION REQUESTED:

Approve construction of a water main and gravity main extension to serve the Southwest Florida International Airport Terminal Expansion –Phase 2, RAC QTA, Fuel Farm and Chiller Facility.  This is a Lee County Port Authority contributed asset and the project is located on the south side of Daniels Parkway along Chamberlin Parkway within the Port Authority property boundaries.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to this phase of the airport terminal expansion project that includes the Rental Car Center, the Fuel Farm and the Chiller Facility.

WHAT ACTION ACCOMPLISHES:

Complies with the Lee County Utilities Line Extension Policy and provides adequate utility infrastructure to support this and future phases of the project.  (#20030673-Utilities)

 

 

(d)

ACTION REQUESTED:

Approve final acceptance by Resolution and recording of one (1) Utility Easement as a donation of a 10’’diameter water main extension serving the Daniels Parkway Center – Lot 6.   This is a Developer contributed asset project located on the northeast corner of Daniels Parkway Center Drive and Appaloosa Lane.

WHY ACTION IS NECESSARY:

To provide potable water service and fire protection to this recently constructed commercial development.

WHAT ACTION ACCOMPLISHES:

Places the water main into operation and complies with the Lee County Utilities Operations Manual.  (#20030687-Utilities)

 

11.

PARKS AND RECREATION

 

 

(a)

ACTION REQUESTED:

Approve resolution proclaiming July as National Parks and Recreation month.

WHY ACTION IS NECESSARY:

To obtain Board approval to waive parking fees for Lee County Parks and Recreation the weekends of July 19th & 20th and July 26th & 27th, 2003 at the regional parks and boat ramps.  Also, there will be free admission at the county pools.

WHAT ACTION ACCOMPLISHES:

Approves resolution recognizing July as Parks and Recreation month.  (#20030710-Parks and Recreation)

 

12.

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).  (#20030690-Clerk of Courts)

 

 

(b)

ACTION REQUESTED:

Present financial report for information purposes.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

The purpose of this report is to convey to you the financial status of selected significant funds of the Lee County Board of County Commissioners and the status of specific revenues as of the stated dates and the market value of the investments managed by the Clerk’s Office on behalf of the Board.  (#20030691-Clerk of Courts)

 

 

ADMINISTRATIVE AGENDA

June 24, 2003

 

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Adopt a Resolution approving certain amendments to the Lee County Administrative Code for the creation of the Lee County Brownfield Community Redevelopment Program.

WHY ACTION IS NECESSARY:

This provides a repeatable process for sites to follow in presenting sites for brownfield designation.

WHAT ACTION ACCOMPLISHES:

Amends the Administrative Code and creates the Lee County Brownfield Community Redevelopment Program which provides for policies and procedures which are to be followed to assist landowners (or sponsors) in obtaining designations and approvals for status as a “brownfield”.  (#20030682-Smart Growth)

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

APPROVE the extension of the vacated zoning Master Concept Plan for Camargo Trust for the residential component only.

WHY ACTION IS NECESSARY:

The Applicant has applied for a two-year extension of the Mixed Use Planned Development zoning.

WHAT ACTION ACCOMPLISHES:

Allows the requested extension for the residential portion of the project.  (#20030368-Zoning)

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Elect three members of the Board of County Commissioners to serve on the 2003 Value Adjustment Board and direct an organizational meeting of the Board to be held in September, 2003.

WHY ACTION IS NECESSARY:

To provide Board of County Commissioners representation on the 2003 Value Adjustment Board.

WHAT ACTION ACCOMPLISHES:

Establishes Board of County Commissioners membership for the 2003 Value Adjustment Board.  (#20030653-County Attorney)

 

 

(b)

ACTION REQUESTED:

Consider approving and authorizing the Chairman’s signature on a Lease Agreement with the Lee County Fisherman’s Cooperative, Inc. (“Co-op”) for the County’s use of a portion of the Co-op site for the transfer of solid waste.

WHY ACTION IS NECESSARY:

All interests in real property, to include the lease of private property for County purposes, must be approved by the Board of County Commissioners.

WHAT ACTION ACCOMPLISHES:

Provides the Division of Solid Waste with a leased site for the transfer of solid waste from the “Outer (Bridgeless) Islands” into the County’s consolidated Solid Waste Disposal and Management System.  (#20030679-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

 

PUBLIC AGENDA

June 24, 2003

                       

 

5:00 PM

(#1)

Public Hearing

 

ACTION REQUESTED:

Adopt a Resolution to Vacate two (2) Public Utility Easements common to lots 56 and 57; and 57 and 58, Bock 95, Unit 21, Leeland Heights subdivision.  Petition to Vacate VAC2002-00063.

WHY ACTION IS NECESSARY:

To construct a Single Family Residence.  The vacation of the public utility easement will not alter existing utilities and the easement is not necessary to accommodate any future utility requirement.

WHAT THE ACTION ACCOMPLISHES:

Vacates the easement.  (S32-T44-R27)  (#3)  (#20030460-Development Services)

 

(#2)

Public Hearing

 

ACTION REQUESTED:

Adopt a Resolution to Vacate a Public Utility Easement located at 1820 Jackson Avenue, Lehigh Acres, Florida.

WHY ACTION IS NECESSARY:

To construct a Single Family Residence on the combined lots.  The vacation of the public utility easement will not alter existing utilities and the easement is not necessary to accommodate any future utility requirement.

WHAT THE ACTION ACCOMPLISHES:

Vacates the easement. (Case # VAC2003-00017)  (S11-T44S-R27E)  (#5)  (#20030586-Development Services)

 

(#3)

Public Hearing

 

ACTION REQUESTED:

Adopt a Resolution to Vacate 2 (two) Public Utility Easements located at 311 Grant Avenue, Lehigh Acres, Florida.

WHY ACTION IS NECESSARY:

To construct a Single Family Residence on the combined lots.   The vacation of the public utility easements will not alter existing utilities and the easements are not necessary to accommodate any future utility requirements.

WHAT THE ACTION ACCOMPLISHES:

Vacates both easements.  (Case #VAC2003-00020)  (S35-T44S-R27E)  (#5)  (#20030603-Development Services)

 

(#4)

Public Hearing

 

ACTION REQUESTED:

Approve Resolutions to Assess: A. Cherry Blueberry Improvement Unit of $35.07 per lot; B. Country Estates, Unit 3, Streetlighting Unit for an assessment of $5.52 per lot; C. Country Lakes Streetlighting for an assessment of $38.66 per lot; D. Golden Lake Heights Streetlighting Unit for an assessment of $5.00 per lot; E. Palm Terrace Streetlighting Unit for an assessment of $4.54 per lot; F. Pine Lake Streetlighting Unit for an assessment of $72.72 per lot; G. Schoolview Homes Streetlighting Unit for an assessment of $6.02 per lot; H. Sheltering Pine Mobile Home Village Special Improvement Unit for an assessment of  $20.00 per lot; I. Western Acres Improvement Unit for an assessment of $0.6770 per front foot; J. University Overlay Special Improvement Unit for streetlighting for an assessment of $0.62 per front foot; K. Dewberry Lane Special Improvement Unit for an assessment of $126.29 per lot; L. Anchorage Intracoastal Canal Dredging for an assessment of $1,272.30 per lot; M. University Overlay Landscaping O & M for an assessment for $3.13 per front foot.

WHY ACTION IS NECESSARY:

Requires Board Approval

WHAT ACTION ACCOMPLISHES:

Provides the funding for FY 2003-2004  (#20030578-MSTBU Services)

(#5)

Public Hearing

 

ACTION REQUESTED:

Conduct Public Hearing to consider and approve Lee County Lobbying Ordinance.

WHY ACTION IS NECESSARY:

A Public Hearing is required by law to adopt ordinance redraft with revisions.

WHAT ACTION ACCOMPLISHES:

Repeals and replaces Lee County Ordinances 89-40, as amended by Lee County Ordinance 90-07.  Provides for lobbying registrations, record-keeping and lobbying statements.  (#20030680-County Attorney)

 

5:05 PM

(#1)

Public Hearing

 

ACTION REQUESTED:

Adopt a Small Scale amendment to the Lee County Comprehensive Plan.

WHY ACTION IS NECESSARY:

A majority of the entire Board of County Commissioners is required to adopt a Small Scale amendment.

WHAT THE ACTION ACCOMPLISHES:

Changes the Airport Noise Designation from Zone 3 to Zone 2 for a specified 6.8± acre parcel of land generally located at the northwest quadrant of the intersection of Daniels Parkway and Commonwealth Drive.  (#20030684-Planning)

 

(#2)

Public Hearing

 

ACTION REQUESTED:

Conduct second public hearing on proposed amendments to the Lee County Land Development Code (LDC) on June 24, 2003 at 5:05 p.m.

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.  (#20030664-County Attorney)

 

5:05 PM

Public Presentation of Matters by Citizens

 

 

Adjourn