|
District #1 Bob
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 |
||
February 17, 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
|
9:30
AM |
Invocation: |
Brother
George Henderson |
First
Baptist Church of Alva |
||
|
|
Pledge
of Allegiance |
|
|||
|
|
|
||||
|
|
Presentations: |
||||
|
|
|
·
|
|||
|
|
|
(Public
Resources-#20040132) |
|||
|
|
|
·
|
|||
|
|
|
(Commissioner
Judah-#20040133) |
|||
|
|
|
·
|
|||
|
|
|
(Commissioner
Judah-#20040134) |
|||
|
|
|
·
|
|||
|
|
|
(Commissioner
Judah-#20040135) |
|||
|
|
|
·
|
Emergency
Planning and Community Right-To-Know Awareness Week Resolution |
||
|
|
|
(Commissioner
Albion-#20040136) |
|||
|
|
|
·
|
|||
|
|
|
(Commissioner
Albion-#20040137) |
|||
|
|
|
·
|
|||
|
|
|
(Commissioner
Judah-#20040138) |
|||
|
|
|
·
|
|||
|
|
|
(Commissioner
Coy-#20040139) |
|||
|
|
|
·
|
|||
|
|
|
(County
Lands-#20040140) |
|||
|
|
|
||||
|
|
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 |
||||
February
17, 2004
|
1. |
COUNTY ADMINISTRATION |
||
|
|
ACTION
REQUESTED: Approve the list of Public Official Faithful
Performance Bonds. WHY ACTION
IS NECESSARY: To comply with the provisions of F.S. 137.05 WHAT ACTION
ACCOMPLISHES: Assures compliance with above provisions. (#20040128-Budget Services) |
||
|
|
ACTION
REQUESTED: Adopt resolution and cooperative agreement with
Charlotte County to support joint phosphate efforts between Lee and Charlotte
Counties. WHY ACTION
IS NECESSARY: Provides documentation to proceed with payment to
Charlotte County. WHAT ACTION
ACCOMPLISHES: Formalizes joint agreement with Charlotte
County. (#20040141-County Manager) |
||
|
2. |
CONSTRUCTION AND DESIGN |
||
|
3. |
COUNTY COMMISSIONERS |
||
|
4. |
COMMUNITY DEVELOPMENT |
||
|
|
ACTION
REQUESTED: Accept a Petition to Vacate a portion of the
HealthPark Circle Road Right-of-Way and Public Utility Easement within
HealthPark Florida, Fort Myers, Florida 33908, and adopt a resolution setting
a Public Hearing for 5:00 PM on the 9th day of March 2004. (Case No. VAC2003-00047) WHY ACTION
IS NECESSARY: To construct a private entry feature at the
entrance to a proposed residential subdivision. The proposed vacation will not alter traffic conditions nor impact
existing utilities. Neither the
right-of-way or utility easements are required to accommodate future traffic
or utility requirements WHAT ACTION
ACCOMPLISHES: Sets the time and date of the Public Hearing. (#20031199-Development Services) |
||
|
|
ACTION
REQUESTED: Accept a Petition to Vacate a 15-foot wide Public
Utility Easement at the southernmost portion of Tract “V” and 10-foot wide
Public Utility Easement at the northernmost portion of Tract “U” within
HealthPark, Florida 33908, and adopt a resolution, setting a Public Hearing
for 5:00 PM on the 9th day of March 2004. (Case No. VAC2003-00071) WHY ACTION
IS NECESSARY: To construct a private entry feature at the
entrance to a proposed residential subdivision. The vacation of this
easement within the platted portions of Tract “U” and “V” 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. (#20040070-Development Services) |
||
|
|
ACTION
REQUESTED: Accept a Petition to Vacate a 12-foot wide
Drainage and Public Utility Easement located at 2910 Lee Blvd., Lehigh Acres,
Florida 33971, and adopt a resolution, setting a Public Hearing for 5:00 PM
on the 9th day of March 2004. (Case No. VAC2003-00078) WHY ACTION
IS NECESSARY: To build a commercial building on the combined six
(6) lots. The vacation of this easement will not alter existing drainage or
utility conditions and the easement is not necessary to accommodate any future
drainage or utility requirements. WHAT ACTION
ACCOMPLISHES: Sets the time and date of the Public Hearing. (#20040102-Development Services) |
||
|
5. |
HUMAN SERVICES |
||
|
6. |
INDEPENDENT |
||
|
|
ACTION
REQUESTED: Accept a bid of $10,177.95 and approve Real Estate
Sales Agreement for the sale of County Surplus Property located at 4580
Bowling Green Boulevard, Fort Myers, Florida (STRAP Number
02-45-24-P1-00061.0050). Authorize
the chairman to execute the County Deed and authorize the Division of County
Lands to handle and accept all documentation necessary to complete the
transaction. WHY ACTION
IS NECESSARY: The Board must approve all real estate conveyances
by Lee County. WHAT ACTION
ACCOMPLISHES: Sale of surplus county real estate, returning it
to the tax roll and eliminating any further liability for maintenance and
insurance. (#20040022-County Lands) |
||
|
|
ACTION
REQUESTED: Accept by Warranty Deed, approximately two (2)
acres of land adjacent to the Six Mile Cypress Preserve being donated by
William E. Maddox. WHY ACTION
IS NECESSARY: Board must approve all conveyances of real estate. WHAT ACTION
ACCOMPLISHES: Adds two acres of land to the existing Six Mile
Cypress Preserve. (#20040118-County
Lands) |
||
|
7. |
PUBLIC SAFETY |
||
|
|
ACTION
REQUESTED: Approve an application with the State of Florida
Department of Community Affairs that provides a $35,000.00 grant to enhance a
Citizen Corps Council. WHY ACTION
IS NECESSARY: The Board of County Commissioners must approve all
agreements. WHAT ACTION
ACCOMPLISHES: Provides continued support for Lee County Citizen
Corps Council. (#20040117-Emergency
Management) |
||
|
8. |
SOLID WASTE-NATURAL
RESOURCES |
||
|
|
ACTION REQUESTED: Authorize one (1) new full time Equipment Operator
staff position to conduct duties within the newly constructed Transfer
Station at the Waste To Energy facility.
Approve transfer of funds from reserves in the amount of $25,000 to fund remaining
portion of FY 03-04 budget. WHY ACTION IS NECESSARY: Board approval is required for new positions. WHAT ACTION ACCOMPLISHES: Provides the Solid Waste Division with personnel
necessary to perform operational duties at the WTE Transfer Station and
allows for additional recycling activity.
(#20040101-Solid Waste) |
||
|
|
ACTION REQUESTED: Approve increase to Bid Waiver (BW-01-05) for LEE
COUNTY BEACH NOURISHMENT PROJECT, and approve Change Order #7 under contract
#713 with Marlowe & Company in the amount of $67,200.00, for a total lump
sum contract amount of $207,800.00, with a contract bid waiver extension
through December 31, 2005. WHY ACTION IS NECESSARY: Board approval is required. WHAT ACTION ACCOMPLISHES: Marlowe & Company will continue to provide
Federal Lobbying for Lee County’s beach renourishment projects. (#20040125-Natural Resources) |
||
|
9. |
TRANSPORTATION |
||
|
|
ACTION
REQUESTED: Approval to remove accounts receivable balances
considered to be inactive and uncollectible bad debt for Public
Works/Community Development: Solid Waste, $1,006.13; Department of
Transportation, $15,570.07; Community Development, $1,060.00. WHY ACTION
IS NECESSARY: Annual action reduces accounts receivable balances
by the accounts identified as uncollectible.
Uncollectibles result when customers’ bills remain unpaid for various
reasons. WHAT ACTION
ACCOMPLISHES: Action adjusts accounts receivable balances to
reflect actual anticipated collections.
(#20040094-Transportation) |
||
|
|
ACTION
REQUESTED: Approve and authorize Chairman to sign the
Facilities Relocation Agreement between Florida Power & Light Company and
Lee County that outlines a cost of $149,728.00 to facilitate the relocation
of conflicting portions of FPL’s facilities and equipment along Bonita Beach
Road. WHY ACTION
IS NECESSARY: Board approval is required for all agreements. WHAT ACTION
ACCOMPLISHES: Executes the relocation agreement with Florida
Power & Light Company for the relocation of their facilities located in
an easement on the south side of Bonita Beach Road. (#20040129-Transportation) |
||
|
|
ACTION
REQUESTED: Increase the annual contract expenditure amount
under B-00-34 Annual Jack and Bore Services, for the Department of
Transportation, from $170,000.00 to $370,000.00. Also approve an extension of the contract of 180 calendar days. WHY ACTION IS NECESSARY: Board approval is required. WHAT ACTION ACCOMPLISHES: DOT will need to continue having work performed
under this contract for the Jack and Bore Services until a new contract has
been bid and awarded.
(#20040131-Transportation) |
||
|
10. |
UTILITIES |
||
|
|
ACTION REQUESTED: Approval of Florida Department of Transportation
(FDOT) Utility Agreement Resolution, Utility Work Agreement, and Memorandum
of Agreement for utility adjustments along Metro Parkway (SR 739) from Hanson
Street to State Road 82. WHY ACTION IS NECESSARY: Proposed FDOT roadway project and drainage
facilities will conflict with certain existing Lee County Utilities (LCU)
water facilities. Of the total
estimated cost ($422,055.20) to adjust and relocate these facilities, a portion
of the work is considered by FDOT to be reimbursable ($43,607.20). In order to provide for the least impact
to the general public and improved coordination of work, the required utility
work needs to be completed by formal agreement with FDOT. WHAT ACTION ACCOMPLISHES: Agreements and other similar documents are
required to be approved by the BOCC.
(#20040089-Utilities) |
||
|
|
ACTION REQUESTED: Approve final acceptance, by Resolution and
recording of two (2) utility easements, as a donation for water distribution
and gravity collection systems serving Shenandoah
Subdivision. This is a
developer-contributed asset project located on the west side of Cook Road and
Vesta Lane approximately ½ mile north of McGregor Boulevard. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to the recently constructed residential
subdivision. WHAT ACTION ACCOMPLISHES: Complies with the Lee County Utilities Operations
Manual and places the water system and gravity collection system into
operation. (#20040090-Utilities) |
||
|
|
ACTION REQUESTED: Approve final acceptance by Resolution as a
donation for a water distribution system serving Herons Glen, Unit 5. This is a Developer contributed asset
project located on the east side of N. Tamiami Trail approximately ¼ mile
south of the Lee/Charlotte County line. WHY ACTION IS NECESSARY: To provide potable water service to this phase of
the residential development. WHAT ACTION ACCOMPLISHES: Places the water distribution system into
operation and complies with the Lee County Utilities Operations Manual. (#20040091-Utilities) |
||
|
|
ACTION REQUESTED: Approve construction of water and gravity main
extension serving Legends, Tract ‘K’.
This is a Developer contributed asset and the project is located on
the west side of Fiddlesticks Boulevard approximately 2 miles south of
Daniels Parkway. WHY ACTION IS NECESSARY: To provide potable water service, fire protection,
and sanitary sewer service to this phase of the single-family residential
development. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support the development of this phase and complies with the Lee County
Utilities Operations Manual.
(#20040096-Utilities) |
||
|
|
ACTION REQUESTED: Approve construction of a water distribution and
gravity collection system serving Coco
Bay. This is a Developer
contributed asset and the project is located approximately 500’ south of
Kelly Road and 2,000’ east of McGregor Blvd. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this proposed 99 single-family and 44
multi-family unit subdivision. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual.
(#20040110-Utilities) |
||
|
|
ACTION REQUESTED: Approve construction of a water and gravity main
extension, serving Cypress Marsh at
Verandah. This is a Developer
contributed asset and the project is located on the south side of SR 80
approximately 1-1/2 miles west of Buckingham Road. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this phase of the proposed single 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.
(#20040111-Utilities) |
||
|
|
ACTION REQUESTED: Approve construction of a water and gravity main
extension serving San Carlos Six-Acre
Center. This is a Developer
contributed asset and the project is located on the west side of S. Tamiami
Trail approximately 800 feet north of Sanibel Blvd. 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.
(#20040113-Utilities) |
||
|
ACTION REQUESTED: Approve final acceptance, by Resolution and
recording of one (1) utility easement, as a donation of a water distribution
system and a gravity collection system serving Bellamar @ Beachwalk, Phase 2. This is a Developer contributed asset
project located on the southwest corner of Gladiolus Drive and Pine Ridge
Road. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this phase of the recently constructed
multi-family residential development WHAT ACTION ACCOMPLISHES: Places the water and sewer systems into operation
and complies with the Lee County Utilities Operations Manual. (#20040088-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).
(#20040108-Clerk of Courts) |
||
|
|
ACTION
REQUESTED: Approve re-negotiated lease with CSL & G
Development for 25,022 square feet of space located at 3040 Fowler Street in
Ft. Myers and a transfer of $61,620 from General Fund Reserves. Lease cost is $4.14 per square foot or
$103,591.08 per year. In addition,
there will be an annual cost for Common Area Maintenance. The first year of the lease, the CAM will
be $1.77 per square foot or $44,288.94.
Base lease cost of $4.14 will increase annually in the amount of the
CPI index. Lease is for five years
with one, five year renewal period.
Lease can be terminated by giving three months advance written notice. WHY ACTION
IS NECESSARY: Board must approve all leases and addendums to
those leases. WHAT ACTION
ACCOMPLISHES: Allows the county to remain an additional ten
years in the same location as it has been for the past five years. Base lease cost did not increase for the
first year. (#20040116-Elections) |
||
|
|
ACTION REQUESTED: Approve payment of delinquent tax overbid
claim-Cosby. WHY ACTION IS NECESSARY: Pursuant to Florida Statute 197. Lee County is holding overbid funds from delinquent tax sales. WHAT ACTION ACCOMPLISHES: The
Clerk has received a claim for these funds and requests that you release
them. (#20040147-Clerk of Courts) |
||
|
|
ACTION REQUESTED: Approve payment of delinquent tax overbid
claim-Cosby. WHY ACTION IS NECESSARY: Pursuant to Florida Statute 197. Lee County is holding overbid funds from delinquent tax sales. WHAT ACTION ACCOMPLISHES: The
Clerk has received a claim for these funds and requests that you release
them. (#20040148-Clerk of Courts) |
||
|
|
ACTION REQUESTED: Approve payment of delinquent tax overbid
claim-Cosby. WHY ACTION IS NECESSARY: Pursuant to Florida Statute 197. Lee County is holding overbid funds from delinquent tax sales. WHAT ACTION ACCOMPLISHES: The
Clerk has received a claim for these funds and requests that you release
them. (#20040149-Clerk of Courts) |
||
|
|
ACTION REQUESTED: Approve payment of delinquent tax overbid
claim-Florida State Disbursement Unit. WHY ACTION IS NECESSARY: Pursuant to Florida Statute 197. Lee County is holding overbid funds from delinquent tax sales. WHAT ACTION ACCOMPLISHES: The
Clerk has received a claim for these funds and requests that you release
them. (#20040150-Clerk of Courts) |
||
February
17, 2004
|
1. |
COUNTY ADMINISTRATION |
||
|
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: Approve an exchange of the County’s real property
interest in a 6-foot wide public walkway easement from Estero Boulevard to
the beach (Gulf of Mexico) on property known as the Pink Shell Resort in Fort
Myers Beach, Florida, with a replacement easement to be located just south of
the current walkway; and authorize the Chairman to sign the necessary
documents to complete the exchange. 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: The exchange will allow the relocation and
improvement of a pedestrian walkway for beach access.
(#20040078-County Attorney) |
||
|
|
ACTION REQUESTED: Approval of Board of County Commissioners of an
offer of judgment per F.R.C.P. 1.442.
Submit offer of judgment for $500.00 to settle case of S.W. ENTERPRISE
ASSOCIATES, INC. v. Lee County, et al., Case No. 03-851-CA. WHY ACTION IS NECESSARY: Board of County Commissioners must approve an
offer of judgment prior to its being submitted. WHAT ACTION ACCOMPLISHES: Settle all claims in this case. Plaintiff has 30 days to accept
offer. If it is not accepted and Lee
County prevails in the case, the Plaintiff may be liable for Lee County’s
attorney fees. (#20040120-County
Attorney) |
||
|
13. |
HEARING EXAMINER |
||
|
14. |
PORT AUTHORITY |
||
|
15. |
CONSTITUTIONAL OFFICERS |
||