District #1Bob
Janes |
District #2 Douglas St. Cerny Vice Chairman |
District #3 Ray
Judah
|
District #4 Andrew W. Coy |
District #5 John E. Albion Chairman |
|
Donald D. Stilwell, County Manager |
|
James
G. Yaeger, County Attorney |
||
December 9, 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
Steve Filizzi |
St.
John the Apostle Metropolitan Community Church |
||
|
|
Pledge
of Allegiance |
|
|||
|
|
|
||||
|
|
Recap |
||||
|
|
|
||||
|
|
Public
Comment on the Consent and Administrative Agenda |
||||
|
|
|
||||
|
|
|||||
|
|
·
|
Items
to be pulled for discussion by the Board |
|||
|
|
·
|
Motion
to approve balance of items |
|||
|
|
·
|
Consideration
of items pulled for discussion |
|||
|
|
|
||||
|
|
|||||
|
|
|
||||
|
9:30
AM |
PUBLIC HEARING |
||||
|
|
|
ACTION REQUESTED: Conduct second public hearing and then execute a
development agreement with the owners and developers of the Gulf Coast Town
Center DRI that will govern the mitigation of the transportation impacts of
the Gulf Coast Town Center DRI.
(#20031332-County Attorney) |
|||
|
|
|
||||
|
|
Walk-ons
and Carry-overs |
||||
|
|
|
||||
|
|
Commissioners'
Items/Committee Appointments |
||||
|
|
|
||||
|
|
County
Manager Items |
||||
|
|
|
||||
|
|
County
Attorney Items |
||||
|
|
|
||||
|
|
Adjourn
until 5:00 PM |
||||
December
9, 2003
|
1. |
COUNTY ADMINISTRATION |
||
|
|
ACTION
REQUESTED: Approve $52,500 for the Edison-Ford Estates and $100,000
for the Alliance of the Arts under the Tourist Development Council
Attractions Marketing Program. WHY ACTION
IS NECESSARY: This Approval will allow the Visitor &
Convention Bureau to distribute these funds, utilizing the current purchasing
system. WHAT ACTION
ACCOMPLISHES: This Approval will allow non-profit organizations
under the TDC Attractions Marketing Program to advertise and promote local
attractions so as to attract visitors and to enhance their visit to Lee
County. (#20031387-VCB) |
||
|
2. |
CONSTRUCTION AND DESIGN |
||
|
3. |
COUNTY COMMISSIONERS |
||
|
4. |
COMMUNITY DEVELOPMENT |
||
|
|
ACTION
REQUESTED: Accept a Petition to Vacate (4) four 12-foot wide
Public Utility Easements located at 5140/42/44 and 46 24th Street
Southwest and 5141/43/45 and 47 Leonard Blvd. South, Lehigh Acres, Florida,
and adopt a resolution, setting a Public Hearing for 5:00 PM on the 13th
day of January 2004. (Case No.
VAC2003-00063) WHY ACTION
IS NECESSARY: To build (2) residential duplexes 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. (S31-T44S-R26E) (#5)
(#20031261-Development Services) |
||
|
|
ACTION
REQUESTED: Concur with the ranking of Consultants by the
Competitive Negotiations Committee for CN-03-16 DENSITY REDUCTION
GROUND-WATER RESOURCE & MINING STUDY, in the following order of ranking,
and authorize contract negotiations to commence with the number one ranked
firm: (1) Greg F. Rawl, PG; (2) Water
Resource Solutions, Inc.; and (3) Hazlett Kinkaid, Inc. Further authorize Chairman on behalf of the
Board to execute an agreement for an amount not-to-exceed $199,000.00. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Provides a consultant that will analyze the
County's groundwater resources and commercial mining. (#20031381-Community Development) |
||
|
|
ACTION
REQUESTED: Authorize an extension, from December 31, 2003 to
May 31, 2004, for Contract C-1818 between the Lee County Board of County
Commissioners and Dunbar Industrial Action Development (DIAD). WHY ACTION
IS NECESSARY: This contract extension is technical in nature and
the additional time will allow DIAD to complete its contractual obligations
with the county. WHAT ACTION
ACCOMPLISHES: Extends the grant award agreements with the grant
recipient DIAD who will use the money for construction of affordable
housing. (#20031398-Planning) |
||
|
|
ACTION
REQUESTED: Redistribute SHIP funds as follows: Commit
$140,000 of SHIP funds to Fleet Reserve Association – Lehigh Development
(Fleet Reserve) in FY 2004/2005; Amend current Contract C-2406 with Fleet
Reserve for FY 2002/2003 in SHIP funds by reducing funds from $150,000.00 to
$10,000; Execute a new contract with Southwest Florida Addiction Services
(SWFAS) for $140,000 in FY 2002/2003 SHIP funds; and, Cancel the county’s
commitment to SWFAS of $140,000 in FY 2004/2005. WHY ACTION
IS NECESSARY: Fleet Reserve was awarded $150,000 in SHIP funds
as a match to help finance the proposed 156 unit elderly rental housing
complex in Lehigh known as Heron Pond II.
However, last year Fleet Reserve was unable to obtain financing
through the state and as a result will be reapplying for funding. Due to this unexpected setback Fleet
Reserve will be unable to meet the current SHIP deadlines. To solve this problem staff is
recommending redistributing SHIP funds so as to provide this proposed project
additional time. WHAT ACTION
ACCOMPLISHES: Ensures that SHIP funds will be expended within
the state mandated timeframes.
(#20031411-Planning) |
||
|
5. |
HUMAN SERVICES |
||
|
|
ACTION
REQUESTED: Approve the budget resolution for Lee County to
receive United States Department of Housing and Urban Development funds
during County fiscal year 2003-2004 in the following amounts: Community
Development Block Grant - $2,587,000; HOME - $814,053; Emergency Shelter
Grant (ESG) - $75,000. WHY ACTION
IS NECESSARY: To officially establish budget. WHAT ACTION
ACCOMPLISHES: Enables Lee County’s HUD CDBG, HOME, and ESG
Entitlement grants to be properly expended in the correct budget
categories. (#20031407-Human
Services) |
||
|
|
ACTION
REQUESTED: Authorize Human Services to award funding in the
amount of $216,500 to IMPACT for Developmental Education, Inc., authorize
Chairman to sign a contract for services beginning November 1, 2003 and
ending September 30, 2004. WHY ACTION
IS NECESSARY: To award funding in response to an Request for
Proposals issued in July, 2003. WHAT ACTION
ACCOMPLISHES: To provide funding for early intervention services
for developmentally delayed children.
(#20031425-Human Services) |
||
|
6. |
INDEPENDENT |
||
|
|
ACTION
REQUESTED: Approve conveyance of the County’s interest in property
identified as a part of IDD Canal A located between Canal Street and Hanson
Street to the City of Fort Myers and direct staff to proceed with conveyance;
authorize the Division of County Lands to handle all documentation necessary
to complete transaction. WHY ACTION
IS NECESSARY: The Board must formally approve all real estate
conveyances from Lee County. WHAT ACTION
ACCOMPLISHES: Conveys real estate to the City of Fort
Myers. (#20031194-County Lands) |
||
|
|
ACTION
REQUESTED: Approve re-conveyance of a portion of a drainage
canal easement located in Section 34, Township 43 South, Range 27 East;
authorize Chairman to execute County Deed; authorize County Lands Division to
handle all documentation necessary to complete transaction. WHY ACTION
IS NECESSARY: The Board must approve all real estate conveyances
by Lee County. WHAT ACTION
ACCOMPLISHES: Returns a portion of a drainage canal, not being
used for intended purposes, to the adjacent owner. (#20031342-County Lands) |
||
|
|
ACTION
REQUESTED: Authorize
approval of Purchase Agreement for acquisition of Parcel 104 for the Three
Oaks Parkway Widening Project No. 4081; Chairman, on behalf of the Board, to
sign the Purchase Agreement; payment of costs and fees to close; Division of
County Lands to handle and accept all documentation necessary to complete
this transaction. WHY
ACTION IS NECESSARY: The
Board must accept all real estate conveyances to Lee County. WHAT
ACTION ACCOMPLISHES: Acquires
the property during the voluntary phase of the project, thereby the Board
avoids the need to exercise its power of Eminent Domain at a future
date. (#20031375-County Lands) |
||
|
7. |
PUBLIC SAFETY |
||
|
|
ACTION
REQUESTED: Approve an Interlocal Agreement between Lee County
and City of Cape Coral. WHY ACTION
IS NECESSARY: Interlocal Agreements must be approved by the
Board of County Commissioners. WHAT ACTION
ACCOMPLISHES: Creates a partnership with the City of Cape Coral to provide staff to operate emergency public shelter(s). (#20031397-Emergency Management) |
||
|
8. |
SOLID WASTE-NATURAL
RESOURCES |
||
|
|
ACTION
REQUESTED: Adopt Resolution supporting the State’s continued
beach management funding of $30 million annually from documentary stamp tax
revenues. WHY ACTION
IS NECESSARY: To show Lee County’s support to Florida legislature
of the State’s commitment to fund the beach management program, through the
Florida Department of Environmental Protection’s (FDEP) beach erosion control
priority list. WHAT ACTION
ACCOMPLISHES: Affirm Lee County’s support to local and State
legislature for a dedicated funding source for the Ecosystem Management and
Restoration Trust Fund, which is used to support the FDEP’s funding for beach
preservation and repair through erosion control projects. (#20031406-Natural Resources) |
||
|
9. |
TRANSPORTATION |
||
|
|
ACTION
REQUESTED: Amend Capital Improvement Program for FY 04-08 to
transfer $18.1 million from various projects and from Road Impact Fee
Reserves, District 4, to fund Summerlin 6 laning (CIP Project #4067),
including overpasses at Summerlin/San Carlos and Summerlin/Gladiolus. WHY ACTION
IS NECESSARY: CIP amendments require BOCC approval. WHAT ACTION
ACCOMPLISHES: Allows Summerlin Road project to proceed and
financing of the Sanibel Causeway to proceed. (#20031408-Transportation) |
||
|
10. |
UTILITIES |
||
|
|
ACTION
REQUESTED: Approve final acceptance, by Resolution, as a
donation of water distribution and a gravity collection systems serving Rookery Pointe, Phase 2-B.
This is a developer
contributed asset project located on the south side of Corkscrew Road approximately
3/4 mile east 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. (#20031356-Utilities) |
||
|
|
ACTION REQUESTED: Approve final acceptance, by Resolution, as a
donation for one 8” diameter fire line serving North Fort Myers Academy
for the Arts. This is a Developer
contributed asset and the project is located on the east side of Garden Road
approximately 1,500 feet north of Laurel Drive. WHY ACTION IS NECESSARY: To provide fire protection to this recently
renovated school. WHAT ACTION ACCOMPLISHES: Places the fire line into operation and complies
with the Lee County Utilities Operations Manual. (#20031357-Utilities) |
||
|
11. |
PARKS AND RECREATION |
||
|
12. |
COUNTY ATTORNEY |
||
|
13. |
HEARING EXAMINER |
||
|
14. |
PORT AUTHORITY |
||
|
15. |
CONSTITUTIONAL OFFICERS |
||
|
|
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). (#20031422-Clerk of Courts) |
||
December
9, 2003
|
1. |
COUNTY ADMINISTRATION |
||
|
|
ACTION
REQUESTED: Authorize the Chairman or Vice Chairman to sign a
resolution for the authorization, execution and delivery of a Bond Purchase
Agreement that meets certain specific criteria in connection with the
Transportation Facilities Revenue Bonds, Series 2004 (Sanibel Causeway). Authorize other approvals as necessary
contained in this resolution. WHY ACTION
IS NECESSARY: Allows greater flexibility in marketing the
Transportation Facilities Revenue Bonds, Series 2004 (Sanibel Causeway). WHAT ACTION
ACCOMPLISHES: Allows the Bond Purchase Agreement to be signed
(if the bonds are sold) without reconvening the Board of County
Commissioners. (#20031393-Budget
Services) |
||
|
2. |
CONSTRUCTION AND DESIGN |
||
|
3. |
COUNTY COMMISSIONERS |
||
|
4. |
COMMUNITY DEVELOPMENT |
||
|
5. |
HUMAN SERVICES |
||
|
6. |
INDEPENDENT |
||
|
7. |
PUBLIC SAFETY |
||
|
8. |
SOLID WASTE-NATURAL
RESOURCES |
||
|
9. |
TRANSPORTATION |
||
|
10. |
UTILITIES |
||
|
11. |
PARKS AND RECREATION |
||
|
12. |
COUNTY ATTORNEY |
||
|
|
ACTION REQUESTED: Provide direction to County Attorney’s Office
regarding offer of settlement submitted by Matthew D. Uhle, Esquire, on
behalf of the plaintiff intervenors in the Setti vs. Lee County challenge to
the Pine Island Community Plan Amendments to the Lee Plan. WHY ACTION IS NECESSARY: Response to offer of settlement necessary so that
parties know whether to prepare for trial. WHAT ACTION ACCOMPLISHES: Provides direction to the County Attorney’s Office
on whether to accept settlement offer in case challenging Pine Island
Community Plan Amendments to the Lee Plan.
(#20031401-County Attorney) |
||
|
13. |
HEARING EXAMINER |
||
|
14. |
PORT AUTHORITY |
||
CONVENE AS BOARD OF PORT COMMISSIONERS
|
|
ACTION REQUESTED: Approve the Actual Fiscal Year 2002-2003 Rates and Fees for the Southwest Florida International Airport and any refunds and rebates payable to the airlines, as required by the Amended and Restated Airport Use Agreement. (Port Authority) |
RECONVENE AS
BOARD OF COUNTY COMMISSIONERS
|
15. |
CONSTITUTIONAL OFFICERS |
PUBLIC AGENDA
December 9, 2003
|
5:00
PM |
||
|
Public
Hearing |
||
|
|
ACTION
REQUESTED: Conduct a Public Hearing to adopt 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. (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: Vacates
the Sanitary Sewer Easement.
(S24-T45S-R24E) (#5) (#20031424-Development Services) |
|
|
Public
Hearing |
||
|
|
ACTION
REQUESTED: Adopt Ordinance to create the Northeast Hurricane
Bay MSTU. WHY ACTION
IS NECESSARY: Public hearing is a legal requirement in the
consideration of the creation of a Municipal Service Taxing Unit. WHAT ACTION
ACCOMPLISHES: Provides an opportunity for public input. Satisfies the legal requirements of the
Florida Statutes to proceed with the creation of an Operation and Maintenance
MSTU for the purpose of channel maintenance.
(#20031334-MSTBU Services) |
|
|
Public
Hearing |
||
|
|
ACTION REQUESTED: Adopt Resolution to create the Harbor Drive Road Paving MSBU and Resolution of Intent to Reimburse Itself. WHY ACTION IS NECESSARY: Public hearing is a legal requirement in the
consideration of the creation of a Municipal Service Benefit Unit. WHAT ACTION ACCOMPLISHES: Provides
an opportunity for public input.
Satisfies the legal requirements of the Florida Statutes to proceed
with the creation of an MSBU for the purpose of road paving. (#20031339-MSTBU Services) |
|
|
Public
Hearing |
||
|
|
ACTION
REQUESTED: Conduct a Public Hearing to consider approval of
Resolution of Intent electing to use the Uniform Method of Collecting Non-Ad
Valorem Special Assessments levied in the Unincorporated Area of Lee County. WHY ACTION
IS NECESSARY: Florida Statute 197.3635 requires the Board to
approve a Resolution of Intent prior to January 1, for the option to use the
Uniform Method of Collection for Non-Ad Valorem Special Assessments on the
following November tax bill. WHAT ACTION
ACCOMPLISHES: Allows staff to proceed with the Florida Statute
requirements for the option to utilize the Uniform Method of Collection for
Non-Ad Valorem Special Assessments.
(#20031154-MSTBU Services) |
|
|
5:05
PM |
Public Presentation of Matters by Citizens |
|
|
|
Adjourn |
|