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

 

 

September 2, 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:

Dr. David D. Swanson

Covenant Presbyterian Church

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

 

 

·          

Industry Appreciation Week Resolution
(Commissioner Janes-#20031004)

 

 

·          

Presentation of “Outstanding Website Award” to Patricia DiPiero
(Commissioner Coy-#20031006)

 

 

·          

Joey Bergsma Retinoblastoma Awareness Month Resolution
(Commissioner Albion-#20031007)

 

 

·          

United Way Presentation by John Fritts, United Way Board Chairman
(George Williams-#20030960)

 

 

 

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

September 2, 2003

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

Award Professional Services Agreement for CN-03-05 Schandler Hall Community Park Phase 2, to David M. Jones and Associates, Inc., for an amount not to exceed $165,734.00.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

The consultant will provide schematic design for facility structures and site features to include:  Architectural features consistent with existing park structures, court layout, parking and drainage, signage, site geometry, prepare schematic plan and elevation drawings for the Schandler Hall Community Park.  (#20030947-Construction and Design)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Approve an amendment to an existing bonus density contract with Royal Palm Property Management, Inc., pertaining to a project known as the Gardens of Estero.

WHY ACTION IS NECESSARY:

Amendments to the existing contract must be approved by the Board.

WHAT ACTION ACCOMPLISHES:

Allows the developer to exercise the “cash contribution” option of the Bonus Density Program rather than the “site specific” option to develop 99 bonus density units at $4,000 per unit.  (#20030987-Planning)

 

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 $8,500 for Parcel 114, 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.

Rescind Board action under Blue Sheet No. 20030211, dated March 11, 2003, as offer is now revised.

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.  (#20030886-County Lands)

 

 

(b)

ACTION REQUESTED:

Approve Purchase Agreement for acquisition of Parcel 312, Three Oaks Parkway South Extension Project No. 4043, in the amount of $65,000; 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.  (#20030912-County Lands)

 

 

(c)

ACTION REQUESTED:

Approve Purchase Agreement for acquisition of Parcel 123, Veronica S. Shoemaker Blvd. Extension Project No. 4073, in the amount of $2,800; 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.  (#20030948-County Lands)

 

 

(d)

ACTION REQUESTED:

Accept Parcel 168, contingent upon the acquisition of three remaining easements, for the Cottage Point Waterline Municipal Services Benefit Unit; 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.  (#20030961-County Lands)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Award Professional Services Agreement for CN-02-31 BURNT STORE ROAD-VETERAN'S PARKWAY-COLONIAL BOULEVARD CORRIDOR STUDY, to PBS&J for $780,766 and approve various transfers between projects within the Veteran's Memorial Parkway.  Amend FY 03-07 CIP.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides a Consultant that will perform those services required for a Corridor Study.  The project limits of the Corridor study will be from the Charlotte County Line, south along Burnt Store Rd., continuing south and then east along Veterans Parkway, then continuing east along Colonial Blvd. (SR 884) to I-75.  The project limits may need to extend north into Charlotte County along Burnt Store Rd. - Jones Loop Rd. to I-75.  (#20030950-Transportation)

 

 

(b)

ACTION REQUESTED:

Approve the attached Landscape Installation and Maintenance Agreement between Lee County and Tousa, DBA Engle Homes of Southwest Florida, Inc. Authorize the Chairman to execute the agreement on behalf of the Board of County Commissioners.

WHY ACTION IS NECESSARY:

The Board must approve the agreement and authorize the Chairman to sign it in order for the document to become fully executed.

WHAT ACTION ACCOMPLISHES:

Provides an agreement that establishes the landscape installation, maintenance, and removal responsibilities for an existing landscaping project.  (#20030952-Transportation)

 

 

(c)

ACTION REQUESTED:

Approve Change Order No. 4 to Contract #1064, with Post Buckley Schuh & Jernigan, Inc., for CN-99-12 Sanibel Causeway Improvements Study, for a total not-to-exceed amount of $319,738.39.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Increases contract to cover the re-evaluation of the PD&E Report that was approved by the Board on June 2001 based on Board concurrence to replace Span A.  (#20030995-Transportation)

 

10.

UTILITIES

 

(a)

ACTION REQUESTED:

Approve final acceptance, by Resolution, for one 6” diameter fire line serving Metro-Plex Industrial Park – Phase VI.  This is a developer contributed asset project located at the southeast corner of Plantation Road and Metro Plex Drive.

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.  (#20030954-Utilities)

 

 

(b)

ACTION REQUESTED:

Request authorization to revise the locations of five fire hydrants to be installed while an off-site 10” diameter water main is under construction to connect the Gulf Coast Center to Lee County Utilities.

WHY ACTION IS NECESSARY:

To provide fire protection within the Buckingham Rural Community Preserve.

WHAT ACTION ACCOMPLISHES:

Places the proposed fire hydrants in strategic locations for fire fighting purposes and is cost-effective to be installed while the main is under construction.  (#20030958-Utilities)

 

 

(c)

ACTION REQUESTED:

Authorize the Chairman, on behalf of the BOCC, to execute the “Reclaimed Water Disposal Agreement” (a/k/a Attachment 1 to Agreement for Cooperation for the Greater Pine Island Injection Well), between the Greater Pine Island Water Association, Inc. (GPIWA) and Lee County.

WHY ACTION IS NECESSARY:

Before GPIWA begins the construction phase of the project or borrows funds, it is necessary for the parties to enter into a Reclaimed Water Disposal Agreement.

WHAT ACTION ACCOMPLISHES:

Allows Lee County to work with the GPIWA to begin this project.  (#20030969-Utilities)

 

 

(d)

ACTION REQUESTED:

Approve final acceptance, by Resolution, as a donation of a 4’’ diameter force main extension serving Moose Lodge No. 1954 of Pine Island.  This is a Developer contributed asset project located approximately 2 miles south of Pine Island Road along the west side of Stringfellow Road.

WHY ACTION IS NECESSARY:

To provide sanitary sewer service to the existing social club.

WHAT ACTION ACCOMPLISHES:

Complies with the Lee County Utilities Line Extension Policy and provides adequate utility infrastructure to allow the Lodge to abate their existing septic system.  (#20030976-Utilities)

 

11.

PARKS AND RECREATION

 

 

(a)

ACTION REQUESTED:

Request Board approve of a grant from the Florida Department of Environmental Protection/Florida Recreation Development Assistance Program (FRDAP) and establish budget amendment/resolution in the amount of $200,000.00 for additional development of Veterans’ Park, to include additional picnic facilities, playground, trails, parking, athletic fields and basketball courts.

WHY ACTION IS NECESSARY:

To formally approve and execute FRDAP Grant and Budget Resolution.

WHAT ACTION ACCOMPLISHES:

Allows Lee County Parks and Recreation to develop Veteran’s park to better serve the community.  (#20030990-Parks and Recreation)

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Permission to advertise and conduct a public hearing on September 23, 2003, at 5:00 p.m. to consider and adopt amendments to Lee County Ordinance 01-16, relating to the Local Option Tourist Development Act.

WHY ACTION IS NECESSARY:

A public hearing is necessary for the Board of County Commissioners to amend County Ordinances.

WHAT ACTION ACCOMPLISHES:

Allows the Tourist Development Council to appropriate funds, based on Board direction, to the Edison/Ford Estates for maintenance.  (#20030983-County Attorney)

 

 

(b)

ACTION REQUESTED:

Make a proposal for settlement in Lee County v. Stallings, et al. Case No. 03-1619-CA.

WHY ACTION IS NECESSARY:

Board must authorize making of proposal for settlement.

WHAT ACTION ACCOMPLISHES:

Makes a proposal for settlement in this case to settle all claims except attorney fees and cost.  (#20030986-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).  (#20031008-Clerk of Courts)

 

ADMINISTRATIVE AGENDA

September 2, 2003

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Approval to finance the Solid Waste Revenue Bonds, Series 2003 Revenue Bonds as well as select Underwriters.

WHY ACTION IS NECESSARY:

Board must approve financing of Solid Waste Revenue Bonds, Series 2003.

WHAT ACTION ACCOMPLISHES:

Provides financing for the Solid Waste Revenue Bonds, Series 2003.  (#20030978-Budget Services)

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Mark Ebelini is requesting the Board to mitigate a demolition lien and two lot-mowing liens from $8,764.00 to $0.  County staff recommends that the Board mitigate the lien to $1,380 with 60 days to pay.

WHY ACTION IS NECESSARY:

Board approval is required for mitigation of county liens.

WHAT ACTION ACCOMPLISHES:

Allows lien to be released.  (#20030838-Building)

 

 

(b)

ACTION REQUESTED:

APPROVE the first extension of the vacated zoning Master Concept Plan for University Plaza on Alico Road for a period not to exceed two (2) years from the date of the approval by the Board of County Commissioners.

WHY ACTION IS NECESSARY:

Allows time extension.

WHAT ACTION ACCOMPLISHES:

Extends zoning approval for two years.  (#20030929-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:

Approve an exchange of real property interests (under §125.37, F.S.) in a portion of the County’s Iona Drainage Ditch (IDD) Canal E for a replacement Perpetual Drainage Easement lying west of John Morris Road and south of Iona Road; authorize the execution of a realignment agreement governing the terms of the exchange; and authorize the Chairman to sign the necessary documents to complete the exchange according to the terms of the realignment agreement.

WHY ACTION IS NECESSARY:

An exchange of County-owned property under §125.37, F.S., requires approval by the Board of County Commissioners.

WHAT ACTION ACCOMPLISHES:

Authorizes an exchange of County-owned property under §125.37, F.S.  (#20030949-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS