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District #1 Bob
Janes
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District #2 Douglas St. Cerny |
District #3 Ray
Judah
Chairman |
District #4 Andrew W. Coy |
District #5 John E. Albion Vice-Chairman
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Donald D. Stilwell, County Manager |
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James
G. Yaeger, County Attorney |
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September 23, 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
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9:30
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Invocation: |
Dr.
William Smith |
First
Baptist Church of Fort Myers |
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Pledge
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Recap |
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Public
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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
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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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September
23, 2003
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1. |
COUNTY ADMINISTRATION |
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ACTION REQUESTED: Approve interfund loan for transit. With time extensions, the loan will be due
September 30, 2003, unless retired at an earlier date. WHY ACTION IS NECESSARY: Current interfund loans crossing fiscal years must be re-approved, and it extends the time cash can accumulate to pay off the loans. WHAT ACTION ACCOMPLISHES: The Transit loan provides for operating until FDOT
reimburses it in 11/03 for 4th Quarter Expenses. (#20031062-Budget Services) |
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ACTION
REQUESTED: To hold a public hearing on Tuesday, September 23,
2003 at 9:30 a.m., or as soon thereafter as the matter may be heard during
the regular Board Meeting to discuss the use of funds related to the Local
Law Enforcement Block Grant and authorize the grant award. WHY ACTION
IS NECESSARY: A public hearing is required as part of the Local
Law Enforcement Block Grant application process. WHAT ACTION
ACCOMPLISHES: Enables the County to meet application
requirements. (#20031069-Budget
Services) |
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ACTION REQUESTED: Approve a resolution and Declaration of Intent of
the county to reimburse itself for expenses from an effective date associated
with the acquisition, construction and installation of certain wastewater
facilities. WHY ACTION IS NECESSARY: Treasury Regulation 1.150-2 requires a
reimbursement resolution for expenses that the County may want to have
reimbursed from a future State bond issue. WHAT ACTION ACCOMPLISHES: Allows county expenditures incurred from an
effective date associated with future state bonds to be reimbursed from state
bond proceeds when the bonds are sold.
(#20031071-Budget Services) |
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ACTION
REQUESTED: Approve budget amendment resolutions, Interfund
transfers, and transfers from reserves to incorporate the unanticipated
receipts and appropriations for FY02-3. WHY ACTION
IS NECESSARY: The Board must approve budget amendments and
transfers from reserves. WHAT ACTION
ACCOMPLISHES: Allows the execution of Interfund transfers and
payments of outstanding debts to vendors.
(#20031081-Budget Services) |
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ACTION
REQUESTED: Approve not-to-exceed expenditure of $3,512,953
for the purchase of excess property and casualty insurance coverage for the
period 10/1/03 - 10/1/04. WHY ACTION
IS NECESSARY: To purchase excess insurance to protect the
County’s assets against unexpected loss. WHAT ACTION
ACCOMPLISHES: Enables the Risk Management office to purchase the
necessary insurance to protect the County’s assets against property and
casualty losses. (#20031085-Risk
Management) |
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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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ACTION REQUESTED: Accept
a Petition to Vacate a 12-foot wide Public Utility Easement located at 3115 11th
Street SW, Lehigh Acres, Florida, and adopt a Resolution setting a Public
Hearing for 5:00 PM on the 14th day of October 2003. (VAC2003-00009) WHY ACTION IS NECESSARY: To
build a single-family residence and detached garage on the combined
lots. The vacation of this Public
Utility Easement will not alter existing utility conditions and is not
necessary to accommodate any future utility requirements. WHAT ACTION ACCOMPLISHES: Setting
the time and date of the Pubic Hearing.
(#20030402-Development Services) |
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ACTION
REQUESTED: Accept a petition to vacate a 10' wide drainage
easement
located at 8648 Alico Road, Fort Myers, Florida, and adopt a resolution
setting a Public Hearing for 5:00 p.m. on the 14th day of October
2003. (Case No. VAC2003-00035) WHY ACTION
IS NECESSARY: In order to develop the property as per the approved
zoning resolution and master concept plan. The vacation of this easement will not
alter existing drainage or utility conditions and the easement is not
necessary to accommodate any future drainage and utility requirements. WHAT ACTION
ACCOMPLISHES: Sets the time and date of the Public Hearing. (#20030930-Development Services) |
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ACTION
REQUESTED: Accept a Petition to Vacate several 6 foot wide
Drainage and Public Utility Easements located at 3004 4TH ST W & 3021 LEE
BLVD, Lehigh Acres, Florida, and adopt a resolution, setting a Public Hearing
for 5:00 PM on the 14th day of October 2003. (Case No. VAC2003 00037) WHY ACTION
IS NECESSARY: To allow for the construction of a single family
dwelling on the combined lots. The vacation of this easement will not
alter existing drainage and/or utility conditions and the easement is not
necessary to accommodate any future drainage and/or utility requirements. WHAT ACTION
ACCOMPLISHES: Sets the time and date of the Public Hearing. (#20031034-Development Services) |
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ACTION REQUESTED: Approve reduction of a County demolition
assessment lien from approximately $13,500 down to $5,760 for a parcel
located at 1302 Laurel Drive in North Fort Myers payable within 120 days of
tax deed sale. WHY ACTION IS NECESSARY: Board approval is required for mitigation of
county assessment liens. WHAT ACTION ACCOMPLISHES: Allows assessment lien to be released. (#20031054-Building) |
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ACTION REQUESTED: Deny Treva Gilligan’s request, filed on behalf of
Lee County Housing Development Corp, to waive accrued interested of $812.85
on County lot mowing and demolition liens for property located at 545 Lynneda
Avenue, in East Fort Myers. WHY ACTION IS NECESSARY: Board approval is required for mitigation of
county assessment liens. WHAT ACTION ACCOMPLISHES: Allows assessment lien to be released. (#20031055-Building) |
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ACTION REQUESTED: Approve an Interlocal Agreement with the Town of
Fort Myers Beach for permitting, development review and code enforcement
services in the amount of $109,643. (No budget resolution needed. Already budgeted in FY04.) WHY ACTION IS NECESSARY: To provide continuing, consistent services to the
Town of Fort Myers Beach. WHAT ACTION ACCOMPLISHES: Provides the Town of Fort Myers Beach with certain
land use related services until October 2004. (#20031060-Community Development) |
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ACTION
REQUESTED: Accept a Petition to Vacate a 12-foot wide Public
Utility Easement located at 509 Hines Avenue, Lehigh Acres, Florida, and
adopt a resolution, setting a Public Hearing for 5:00 PM on the 14th
day of October 2003. (VAC2003-00051) 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. (#20031063-Development Services) |
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5. |
HUMAN
SERVICES |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Approve Purchase Agreement for acquisition of
Parcel 315, Three Oaks Parkway South Extension Project No. 4043, in the
amount of $70,000; 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. (#20030992-County Lands) |
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ACTION
REQUESTED: Approve the award of Formal Quote No. Q-030615 The
Purchase of Pit Shell for Countywide use to Florida Shell & Fill Company,
LLC at the prices listed on the tabulation sheet (including the options for
delivery). This quote shall be in effect for one year with the option to
renew for four additional one-year periods. WHY ACTION
IS NECESSARY: Purchases over $50,000.00 must be approved by the
Board. WHAT ACTION
ACCOMPLISHES: Establishes the standards, pricing and availability for Pit Shell on an annual basis. (#20030997-Purchasing) |
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ACTION
REQUESTED: Consider Settlement Agreement with Kerry Cameron,
Trustee for the delinquent Colonial Boulevard Extension MSBU Assessment;
Parcel No. 26-44-25-P3-00060.0010 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. (#20031045-MSTBU Services) |
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ACTION REQUESTED: Authorize application to Florida Department of
State, Division of Library and Information Services, for fiscal year 2004
State Aid to Libraries Grant. WHY
ACTION IS NECESSARY: State Statutes require application by October 1,
2003, to be considered eligible for Chapter 257 funds. WHAT
ACTION ACCOMPLISHES: Allows staff to recommend Lee County to apply for
2003 State Aid to Libraries grant funds. (#20031051-Library) |
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ACTION REQUESTED: Execute Library Services & Technology Act
(LSTA) grant agreement for “English Cafe” in the amount of $42,049. The grant will expire on September 30,
2004. WHY ACTION IS NECESSARY: Board approval required to execute grant agreement. WHAT ACTION ACCOMPLISHES: Executes the grant agreement, accepts $42,049 as
unanticipated revenue, designates grant expenditures. (#20030968-Library) |
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ACTION
REQUESTED: Approve Interlocal Agreements (ILA) with the City
of Cape Coral, the Town of Fort Myers Beach, the City of Bonita Springs &
the City of Fort Myers for the County to provide necessary animal control
services for a fee based on population and service level provided. Authorize
Chairman to enter into these agreements as written by the County and approved
by the parties. WHY ACTION
IS NECESSARY: Current agreements end 9/30/2003. WHAT THE
ACTION ACCOMPLISHES: Provides continuity of services. (#20031044-Animal Services) |
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ACTION REQUESTED: Approve purchase of damaged telephone system and
associated wiring as a result of a direct lightning strike at Hammond stadium
on August 25, 2003, in the amount of $75,748.73. WHY ACTION IS NECESSARY: Board approval required for purchases in excess of
$50,000. WHAT ACTION ACCOMPLISHES: Emergency replacement of telephone system
equipment damaged by a direct lightning strike. (#20031074-ITG) |
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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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ACTION
REQUESTED: Approve Burnt Store Road/Ceitus Parkway turn lane project
#4095 in the amount of $150,000 funded from surplus toll revenues from the
Cape Coral and Midpoint Memorial Bridges.
Also, amend FY 03-07 Capital Improvement Program and approve transfer
from reserves. WHY ACTION
IS NECESSARY: Amendments to Capital Improvement Program require
BOCC approval. WHAT ACTION
ACCOMPLISHES: Allows County to proceed with commitment to City
of Cape Coral for turn lane at this intersection. (#20031049-Transportation) |
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ACTION
REQUESTED: Award B-03-16 Demolition of Multiple Single
Family Dwellings, for the Department of Transportation, to the low bidder
meeting all bidding requirements, Cross Environmental Services, Inc., for a
lump sum amount of $35,200.00 for Houses, and a lump sum amount of $99,000.00
for Mobile Homes with a contract completion time of 150 calendar days. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Demolition of multiple single family residential
dwellings, both conventional built and mobile home type, and associated structures
including sheds, septic tanks, underground piping, driveway culverts,
driveway aprons, utilities, footings, slabs, spas and pools. Also includes the plugging of existing
wells. (#20031076-Transportation) |
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ACTION
REQUESTED: Approve Supplemental Task Authorization No. 4 to
Contract No. 1466, with Pitman-Hartenstein & Associates, Inc. for the
Intersection Improvements to Bonita Grande/Bonita Beach Road for the lump sum
of $95,004.00. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: This project will provide intersection
improvements to Bonita Grande/Bonita Beach Road. (#20031041-Transportation) |
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ACTION
REQUESTED: Accept contribution of $1,476,660 from FGCU as per
the Amended Campus Development Agreement.
Also, accept $889,000 from the City of Bonita Springs as per the
approved Joint Supplemental Interlocal Agreement for Three Oaks South, and
approve budget resolutions and amend FY03-07 Capital Improvement Program. WHY ACTION
IS NECESSARY: Requires BOCC approval for budget resolutions and
amendments to CIP. WHAT ACTION
ACCOMPLISHES: Allows County to accept a contribution from FGCU
and allows County to utilize $670,773 for the Koreshan Blvd. Extension
Project. Also, allows funds received from the City of Bonita Springs to be
expended on the Three Oaks Extension, South project.
(#20031052-Transportation) |
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ACTION REQUESTED: Approve Local Agency Program Supplemental
Agreement with FDOT to decrease funds appropriated to the Daniels Parkway,
I-75 Interchange Improvements Project.
Also, approve budget transfer and amend FY03-07 Capital Improvement
Program. Approve authorizing
resolution for Chairman to execute agreement. WHY ACTION
IS NECESSARY: Requires BOCC approval for agreements and
amendments to CIP. WHAT ACTION
ACCOMPLISHES: Allows County to reallocate the remaining funds
from the Daniels Parkway, I-75 Interchange Improvement Project to future
County project.
(#20031059-Transportation) |
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10. |
UTILITIES
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ACTION REQUESTED: Approve construction of a water distribution and a
gravity collection system serving HEATHERSTONE AT ROOKERY
POINTE. This is a Developer
contributed asset project located on the south side of Koreshan Boulevard
approximately 1/4 mile west of Three Oaks Boulevard. 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.
(#20031011-Utilities) |
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ACTION REQUESTED: Approve final acceptance, by Resolution, as a
donation of water distribution and
gravity collection systems serving Legends, Tract “I”, Phase 3 (Woodridge
Pointe). This is a
developer contributed asset project located on the west side of Fiddlesticks
Boulevard across from The Olde Hickory Club and just north of Fiddlesticks
Country Club. 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. (#20031043-Utilities) |
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ACTION
REQUESTED: Approve the award of Formal Quote Q-030642 the
purchase of one rear mounted crane for Lee County Utilities, to the low
quoter meeting specifications, Hydraulic Machinery, Inc. Total price is $94,958. WHY ACTION
IS NECESSARY: Purchases over $50,000 must be Board approved. WHAT ACTION
ACCOMPLISHES: The Terex Stinger Model RM5092 will provide
Utilities with crane that will be utilized throughout all of Lee County at
the new water and waste water facilities.
(#20031053-Utilities) |
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11. |
PARKS AND
RECREATION |
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ACTION
REQUESTED: Terminate Quote No. Q-000141, Uniforms for the
Parks and Recreation Department, with Media Source. This vendor has failed to the meet the delivery time frames
established in the specifications over the past two years. WHY ACTION
IS NECESSARY: Board approval is required to terminate because
the original award was Board approved. WHAT ACTION
ACCOMPLISHES: Allows the Parks and Recreation Department to
order uniforms in a more efficient and timely manner. (#20031056-Parks and
Recreation) |
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12. |
COUNTY
ATTORNEY |
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ACTION REQUESTED: Approve the Interlocal Agreement Concerning
Proportionate Share Payments and Cross-Jurisdictional Impacts Attributable to
Adoption of the Coconut Point DRI between Lee County and the City of Bonita
Springs. WHY ACTION IS NECESSARY: Formal approval of the Interlocal Agreement is
required. WHAT ACTION ACCOMPLISHES: Provides clear and specific direction regarding the City of Bonita Springs entitlement to a portion of the DRI proportionate share payment upon its receipt from the Coconut Point DRI Developer. (#20031061-County Attorney) |
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ACTION REQUESTED: Approve a revision to the recommended hearing
dates for amendment to the Land Development Code (LDC) Chapter 2 and Appendix
K, for the Roads Impact Fee Update.
Revised public hearing dates are as follows: First Public Hearing:
10-14-03 at 5:05 p.m., Second Public Hearing: 10-28-03 at 5:05 p.m. WHY ACTION IS NECESSARY: Public hearings are required to adopt amendments
to the LDC. WHAT ACTION ACCOMPLISHES: Revises the public hearings dates for the Board of
County Commissioners for advertising purposes. (#20031065-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). (#20031079-Clerk of
Courts) |
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ACTION
REQUESTED: Approve Expenditures in the amount of $272,740 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
04/03/03-08/31/03. WHY ACTION
IS NECESSARY: Board approval is needed to expend funds
collected. WHAT ACTION
ACCOMPLISHES: Enable Sheriff’s Office to offset
expenditures. (#20031038-Sheriff) |
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ACTION REQUESTED: Approve the Expenditure of $13,826 from the Law
Enforcement Trust Fund #105000 and $39,004 from the CLEAN funds #105002. Approve Budget Resolution to adjust
revenues ($10,000) and approve transfer from Law Enforcement _CLEAN Fund
reserves in the amount of $29,004. 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 investigations.
(#20031046-Sheriff) |
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ACTION
REQUESTED: Authorize Chairman to execute the Lee County
Sheriff’s Office COPS Universal Hiring Program award notice in the amount of
$450,000 from the US Department of Justice COPS Office. No additional funds are requested for FY
03/04. Matching funds will be
requested starting FY 04/05.
Signature approval of the Board of County Commission Chairman. WHY ACTION
IS NECESSARY: Regulations controlling this grant require the
approval of the Board of County Commissioners. WHAT ACTION
ACCOMPLISHES: Allows the Lee County Sheriff’s Office permission
to receive funding from the COPS Office.
(#20031047-Sheriff) |
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September
23, 2003
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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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ACTION REQUESTED: Amend the Captiva Community Planning Agreement. WHY ACTION IS NECESSARY: To allow payment for work on additional Lee Plan
amendments for Captiva in lieu of Land Development Code revisions. WHAT ACTION ACCOMPLISHES: Authorizes the use of $10,000 currently budgeted
for Land Development Code revisions to be used for work on additional Lee
Plan amendments for Captiva.
(#20031042-Planning) |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Board to determine and award the appropriate pay-for-performance increases for the Contract Employees (County Manager, County Attorney, Chief Hearing Examiner, and Hearing Examiner) based on the individual evaluations completed by each Commission member. WHY ACTION
IS NECESSARY: To remain consistent with the County philosophy of
pay-for-performance throughout the entire employee team. WHAT ACTION
ACCOMPLISHES: This will reinforce the fact the Board supports
pay-for-performance throughout the organization regardless of the employee’s
level, and it rewards the Contract Employees for their performance and
contributions to the organization in fiscal year 2002-2003. (#20031050-Human Resources) |
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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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ACTION
REQUESTED: Approve staff recommendation to deny request for
additional access to Veterans Memorial Parkway, just east of Del Prado
Boulevard, at SE 16th Place. WHY ACTION
IS NECESSARY: Requests to add or modify points of access to
Veterans Memorial Parkway require BOCC approval. WHAT ACTION
ACCOMPLISHES: Addresses the request of the Cape Coral City
Council for an additional access to Veterans Memorial Parkway. (#20031024-Transportation) |
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ACTION REQUESTED: Advise the Board of County Commissioners and the
general public of a change in the schedule for the Board to consider two
proposed requests to modify Summerlin Road Controlled Access Resolution No.
93-11-112 to add new access points at Summerlin Lakes Drive and another at
the Hilton Hotel. WHY ACTION IS NECESSARY: A Public Information Workshop held in August 2003
indicated these two access point changes would come to the Board for
consideration on September 23, 2003.
Consideration of these requests is being delayed. WHAT ACTION ACCOMPLISHES: Advises the Board of County Commissioners and the
general public of a change in the previously announced schedule to modify the
Summerlin Road Controlled Access Resolution.
(#20031066-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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13. |
HEARING EXAMINER |
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14. |
PORT AUTHORITY |
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15. |
CONSTITUTIONAL OFFICERS |
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PUBLIC AGENDA
September 23, 2003
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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 Petition to Vacate a 12-foot and 6-foot wide public utility easement, and a
10-foot wide drainage easement located at 359 & 369 East North Shore
Drive, North Fort Myers, Florida.
(Case No. VAC2002-00033) WHY ACTION
IS NECESSARY: To address an existing
building addition encroachment into the easement. The vacation of this easement will not alter existing
drainage and/or utility conditions and the easement is not necessary to
accommodate any future drainage and/or utility requirements. WHAT ACTION
ACCOMPLISHES: Vacates
the Drainage and Public Utility Easements.
(S1-T44S-R24E) (#4) (#20031078-Development Services) |
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Public
Hearing |
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ACTION REQUESTED: Conduct a public hearing 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. (#20031067-County
Attorney) |
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5:05 PM |
Public
Presentation of Matters by Citizens |
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Adjourn |
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