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

 

 

June 22, 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:

Pastor Dane Blankenship

First Baptist Church of Cape Coral

 

 

 

 

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 22, 2004

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Approve resolution for Project Number LC-04-04-01 as a qualified applicant for the State Qualified Target Industry Tax Refund Program (QTI) as recommended by the Lee County Industrial Development Authority (IDA) on May 14, 2004.

WHY ACTION IS NECESSARY:

State Law requires County to demonstrate support for the application before approved by the state.

WHAT ACTION ACCOMPLISHES:

Provides a 20% local match not-to-exceed $112,000 over four years. (#20040728-Economic Development)

 

 

(b)

ACTION REQUESTED:

Approve the Application for State Revenue Sharing Fiscal Year 2004-2005 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.  (#20040786-County Manager)

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-04-05, LEE TRAN TRANSIT FACILITY in the following order of ranking, and authorize contract negotiations to commence with the number one ranked firm: (1) Earth Tech Consulting; (2) Carter & Burgess; (3) BRPH Companies, Inc.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

This project involves the Consultant providing land acquisition assistance, land use evaluation, environmental assessment and planning for site development.  Project also includes the design of a transit terminal centrally location within Fort Myers.  The design will facilitate transit services currently housed at the Lee Tran Office on Landing View Road and allow for planned expansions.  (#20040748-Construction and Design)

 

 

(b)

ACTION REQUESTED:

Concur with the selection of Consultants by the Competitive Negotiations Committee for CN-04-09 MISCELLANEOUS STRUCTURAL ENGINEERING SERVICES, and authorize staff to negotiate hourly rates and independent cost with the following six (6) selected firms: Edwards and Kelcey, Inc., Jenkins & Charland, Inc., Kisinger Campo & Associates Corp., Pyper Engineering Inc., TKW Consulting Engineers, Inc., and TLC Engineering for Architecture, for a contract period of two (2) years with the option of renewal for one (1) additional year.  Also, authorize Chairman on behalf of the Board to execute the agreements upon final negotiations.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Provides the County with several consultants on contract that can provide professional structural engineering services involving design; construction drawings; construction specifications; permitting; bidding and negotiation services; construction observation/administration; conceptual estimates; analysis of existing facilities/bridges; as-built drawings; miscellaneous design services and eleventh month warranty inspection services for various projects in Lee County undertaken by County departments/divisions.  (#20040759-Construction and Design)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Accept a Petition to Vacate an 8-foot wide strip of a Drainage and Public Utility Easement located at 5575 Sunrise Dr., Fort Myers, Florida 33919, off of McGregor Boulevard (State Road 867), and adopt a resolution, setting a Public Hearing for 5:00 PM on the 27th day of July 2004.  (Case No. VAC2004-00019)

WHY ACTION IS NECESSARY:

To obtain permit to construct a pool and cage addition to an existing single-family residence.  The vacation of this easement will not alter existing drainage and 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.  (S2 & 3-T45S-R24E)  (#2)  (#20040560-Development Services)

 

 

(b)

ACTION REQUESTED:

Accept a Petition to Vacate a 20-foot wide Lake Maintenance Easement located off of McGregor Boulevard, north of Summerlin Road at 16111 Bentwood Palms Drive, Fort Myers, Florida 33908, and adopt a resolution, setting a Public Hearing for 5:00 PM on the 27th day of July 2004.  (Case No. VAC2003-00050)

WHY ACTION IS NECESSARY:

Vacate the easement to allow issuance of an after-the-fact permit for the existing deck structure.  The vacation of this easement will not adversely impact the ability of the maintenance entity to provide proper lake maintenance.

WHAT ACTION ACCOMPLISHES:

Sets the time and date of the Public Hearing.  (S1-T46S-R23E)  (#3)  (#20040607-Development Services)

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve Purchase Agreement for acquisition of Parcel 310, Three Oaks Parkway South Extension Project No. 4043, in the amount of $85,750; 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.  (#20040673-County Lands)

 

 

(b)

ACTION REQUESTED:

Approve Purchase Agreement for acquisition of Parcel 309, Three Oaks Parkway South Extension Project No. 4043, in the amount of $201,000; 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.  (#20040681-County Lands)

 

 

(c)

ACTION REQUESTED:

Approve Purchase Agreement for acquisition of Parcels 254 and 254SDE, Three Oaks Parkway South Extension Project No. 4043, in the amount of $2,300; 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.  (#20040682-County Lands)

 

 

(d)

ACTION REQUESTED:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $159,500 for Parcel 117, Bonita Beach Road Widening, Project No. 4044, pursuant to the Purchase Agreement; the Division of County Lands to handle all documentation necessary to complete transaction.

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.  (#20040710-County Lands)

 

 

(e)

ACTION REQUESTED:

Approve Purchase Agreement for acquisition of 2056, 2060 and 2066 South Street for the Supportive Housing Development Program, in the amount of $195,000; 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 acquisition of three residential properties, providing nine supportive housing units.  (#20040740-County Lands)

 

 

(f)

ACTION REQUESTED:

Rescind previous award to Jesse’s Trucking of SW Florida Inc. and Sod for Formal Quotation No. Q-010211, The Purchase of Sod, for county wide use, pending the end of a thirty day termination notice effective 6/26/04, and award to the next low quoter, Triple J of Lee County, at the prices listed on the attached tabulation sheet.  Triple J of Lee County would complete the remaining ten months of the contract period (until 4/30/05), and authority is requested to renew this quote for an additional one-year period upon mutual agreement of both parties.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Allows Lee County to purchase sod in a cost effective, efficient, and timely manner.  (#20040757-Purchasing)

 

 

(g)

ACTION REQUESTED:

Approve the Purchase Agreement to acquire the subject property (4.7127 acres ±) identified in the Agreement for the acquisition of property located at 13930 Metro Parkway, Fort Myers (part of STRAP No. 19-45-25-00-00004.0030) in the amount of $1,335,000, pursuant to the terms and conditions set forth in the Agreement.  Authorize the Division of County Lands to handle and accept all documentation necessary to complete the transaction.  Also, approve Budget Transfers in the amount of $2,000,000 and amend the FY03-04 CIP accordingly.

WHY ACTION IS NECESSARY:

The Board must accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:

The purchase of land for road widening and drainage purposes.  (#20040762-County Lands)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Execute Interlocal Agreement between Lee County, Captiva Erosion Prevention District and City of Sanibel for the Blind Pass Ecozone Restoration Project.

WHY ACTION IS NECESSARY:

The Interlocal Agreement is necessary to define the cost sharing methods and responsibilities of each of the parties.

WHAT ACTION ACCOMPLISHES:

The Interlocal defines and restates the mutual support for the project, and defines specific roles and responsibilities of each party through project permitting and construction.  (#20040712-Natural Resources)

 

 

(b)

ACTION REQUESTED:

Approve and authorize Chairman to sign a Waste Tire Grant Application for FY 04-05.  Matching funds are not required.

WHY ACTION IS NECESSARY:

The State requires certification that the person signing the grant application possesses the authority to apply for the grant on behalf of the County.  Additionally, FDEP requires the person signing acceptance forms be authorized by the governing Board.

WHAT ACTION ACCOMPLISHES:

Satisfies State guidelines for grant applicants and recipients. (#20040714-Solid Waste)

 

 

(c)

ACTION REQUESTED:

Execute Memorandum of Understanding (MOU) between Lee County and the Florida Fish and Wildlife Conservation Commission (FWC) for completion of a comprehensive recreational boating facility inventory, and approve expenditure of $100,000 to FWC selected contractor in accordance with Section 4 of the MOU.  Funds are available from the Boating Improvement Program.

WHY ACTION IS NECESSARY:

The MOU includes a financial commitment by Lee County that must be approved by the Board.

WHAT ACTION ACCOMPLISHES:

Provides that Lee County will contribute $100,000 toward completion of the inventory.  The balance of the cost will be paid by FWC.  Lee County will be a partner in the FWC study that will be a baseline document for evaluating future boat facility supply and demand.  (#20040718-Natural Resources)

 

 

(d)

ACTION REQUESTED:

Approve Change Order No. 1 to Contract 2675, Bonita Beach Renourishment Project, with Lake Michigan Contractors, Inc., in the amount of $3,364,416, for beach restoration efforts in Lovers Key State Park.  Through grant agreement 99LE1, the Florida Department of Environmental Protection is providing 88% of construction costs with the balance being funded by Lee County.  Funds are available.

WHY ACTION IS NECESSARY:

Any expenditure in excess of $50,000 must be approved by the Board of County Commissioners.

WHAT ACTION ACCOMPLISHES:

Authorizes the restoration of approximately 6,000 linear feet of shoreline at Lovers Key State Park. The restoration will provide an average of approximately 265 feet of new beach for recreation, storm protection and environmental enhancement.  Approves Lake Michigan Contractors, Inc. to begin the restoration activities in accordance with the contract documents and permit authorizations.  (#20040724-Natural Resources)

 

 

(e)

ACTION REQUESTED:

Approve Change Order No. 4 to Contract 1253, Estero Island & Lovers Key Beach Restoration Project, with Coastal Planning & Engineering, Inc., in the amount of $106,276, for professional services related to the beach restoration construction in Lovers Key State Park.  Through grant agreement 99LE1, the Florida Department of Environmental Protection (FDEP) is providing 88% of construction costs with the balance being funded by Lee County.  Funds are available.

WHY ACTION IS NECESSARY:

Any expenditure in excess of $50,000 must be approved by the Board of County Commissioners.

WHAT ACTION ACCOMPLISHES:

Authorizes professional services including FDEP required pre and post construction monitoring, and technical assistance with the construction management. The consultant will assist in the review of the Contractors work in compliance with State and Federal permits authorizations in order to certify the project was constructed as designed. Any deviations from the approved plans and permits will be noted on record drawings.  (#20040729-Natural Resources)

 

 

(f)

ACTION REQUESTED:

Approve Amendment No. 1 to DEP Agreement No. S0096, Ten Mile Canal Filter Marsh Project, providing for a grant extension.  No additional funding is required.

WHY ACTION IS NECESSARY:

Board approval is required for all contracts/agreements and amendments thereto.

WHAT ACTION ACCOMPLISHES:

Provides for additional time to complete the project under grant guidelines.  (#20040730-Natural Resources)

 

 

(g)

ACTION REQUESTED:

Approve the waiving of any formal process (if needed) and authorize the Construction Manager for the Lee/Hendry Landfill, Waste Management Inc. of Florida (Agreement #2061), to purchase landfill construction materials from vendors through ‘national accounts/agreements’ or other competitively selected vendors and (2) Authorize the County to use Direct Material Purchase Orders to purchase directly from material/equipment vendors based on the Construction Manager’s Competitive Process as a cost/time saving measure for landfill construction activities.

WHY ACTION IS NECESSARY:

Pursuant to Administrative Code AC-4-4 Lee county Contract Manual, approved by the Board on September 25, 2001, construction projects estimated to be over $50,000 will be executed through the formal advertised process.

WHAT ACTION ACCOMPLISHES:

This project is a 25-acre landfill expansion necessary for continuing disposal of waste-to-energy ash and bypass MSW.  (#20040780-Solid Waste)

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Award B-04-23, ANNUAL DIRECTIONAL BORE SERVICES, for the Department of Transportation to the two lowest bidders meeting all bidding requirements, Rodger Roberts, Inc. and Cornerstrone Businesses, based on the unit prices stipulated in the bid tabulation, with an annual contract period of one (1) year with an option of being renewed for two (2) additional one (1) year periods.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

The Contractors will provide on an Aas needed@ basis directional bore services for various County projects.  (#20040764-Transportation)

 

 

(b)

ACTION REQUESTED: 

Award B-04-19, Laurel Drive Sidewalk Improvements, for the Department of Transportation to the lowest responsive/responsible bidder meeting all bidding requirements, Gulf Paving Co. Inc. for the not-to-exceed amount of $816,667.85, with a final completion time of 210 calendar days.

WHY ACTION IS NECESSARY: 

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides a contractor to perform construction of concrete sidewalk and associated drainage improvements. (#20040708-Transportation)

 

 

(c)

ACTION REQUESTED:

Approve the Joint Project Agreement with the Florida Department of Transportation for roadway lighting on SR 45/US 41 from a point North of College Parkway to a point South of South Road.  Also, approve the Resolution authorizing the Chairman to execute this Agreement.

WHY ACTION IS NECESSARY:

Requires Board of County Commissioner approval for agreements.

WHAT ACTION ACCOMPLISHES:

By agreeing to the Agreement, Lee County will assume the responsibility of maintenance and energy cost for this proposed lighting system.  Lee County shall, at its sole cost and expense, maintain the roadway lighting system throughout its expected useful life.  (#20040715-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve construction of a water main and force main extension serving Gladiolus Commercial Site.  This is a Developer contributed asset project which is located at the northeast corner of Gladiolus Drive and Old Gladiolus Drive.

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.  (#20040701-Utilities)

 

 

(b)

ACTION REQUESTED:

Approve final acceptance, by Resolution, and recording of one Utility Easement as a donation for one 6”diameter fire line and one fire hydrant branch line serving Villa Vincente St. Vincente de Paul Elderly Housing.  This is considered a developer contributed asset project located on the south side of Palm Beach Blvd. approximately 1-1/3 miles east of S.R. 31.

WHY ACTION IS NECESSARY:

To provide fire protection to the recently constructed assisted living community.

WHAT ACTION ACCOMPLISHES:

Places the fire line and fire hydrant into operation and complies with the Lee County Utilities Operations Manual.  (#20040702-Utilities)

 

 

(c)

ACTION REQUESTED:

Approve construction of a water main extension serving the Apostolic Church.  This is considered a Developer contributed asset and the project is located on the northwest corner of Trail Dairy Circle and Rustic Lane.

WHY ACTION IS NECESSARY:

To provide potable water service and fire protection to this existing church.

WHAT ACTION ACCOMPLISHES:

Complies with the Lee County Utilities line extension policy.  (#20040703-Utilities)

 

 

(d)

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 Winkler Avenue to Hanson Street.

WHY ACTION IS NECESSARY:

Proposed FDOT roadway project and its drainage facilities will conflict with an existing Lee County Utilities (LCU) potable water main.  The total estimated cost to adjust portions of this water main is $37,464.00.  No portion of the work is considered to be reimbursable by FDOT.   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.  (#20040742-Utilities)

 

11.

PARKS AND RECREATION

 

 

(a)

ACTION REQUESTED:

Approve transfer of funds from reserves and closing of fund #13806 in the amount of $88,950 plus interest.  These are funds acquired by the Family Connection Center program between 1996 and 2002.  The funds to be transferred to the University of Florida Institute of Food and Agricultural Sciences Extension Service are to be used for operations of the Family Connection Center to help pay for operating expenses not covered by the grant such as rent and utilities.

WHY ACTION IS NECESSARY:

Board must approve transfer of funds from reserves, closing of funds and transfer of balance to the University of Florida.

WHAT ACTION ACCOMPLISHES:

Transfers money to the University of Florida to provide support for the Family Connection Center program.  (#20040770-Parks and Recreation)

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Approve the Interlocal Agreement between Lee County and the School Board of Lee County providing for the sharing in the financing of the construction of a sidewalk on Pine Island Road, between Matlacha Isles and S.W. 35th Place.

WHY ACTION IS NECESSARY:

The Board of County Commissioners must approve all Interlocal Agreements entered into by the County.

WHAT ACTION ACCOMPLISHES:

Clarifies the Parties’ respective responsibilities for funding the construction of the sidewalk.  (#20040758-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).  (#20040721-Clerk of Courts)

 

 

(b)

ACTION REQUESTED:

Approve payment of delinquent tax overbid claim-City of Cape Coral.

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.  (#20040750-Clerk of Courts)

 

 ADMINISTRATIVE AGENDA

June 22, 2004 

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

Approve Bid Waiver # W-040491 to waive the formal quoting procedure and allow Public Works to proceed with the purchase of a sound system from GTC Technology Group, Inc. for use at the new recreational center at the Veteran’s Park K-8 School in Lehigh Acres.  Total expenditure for the system:  $54,572.67.  A bid waiver has been requested due to the fact that the School Board is managing the construction of the school and is using GTC for their sound system; therefore, the same equipment needs to be utilized in order to ensure compatibility.

WHY ACTION IS NECESSARY:

Expenditures exceeding $50,000 require Board approval.

WHAT ACTION ACCOMPLISHES:

Ensures compatibility of the sound system throughout the new facility; and allows the school to meet its scheduled opening date of August 2004.  (#20040736-Construction and Design)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Request Board waive the provisions of Lee County Ordinance No. 92-22 as provided in Section Four and allow Hans Wilson & Associates, Inc. the opportunity to compete for design, permitting and construction phase services on the Blind Pass Ecozone Project (Project No. 3091).

WHY ACTION IS NECESSARY:

Waiver of Ordinance No. 92-22 requires an affirmative vote by at least four commissioners (super-majority).

WHAT ACTION ACCOMPLISHES:

Allows Hans Wilson & Associates to pursue selection for the design of the Blind Pass Ecozone project when it is advertised.  (#20040734-Natural Resources)

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 


PUBLIC AGENDA

June 22, 2004
 

5:00 PM

Public Hearing

 

ACTION REQUESTED:
Conduct a Public Hearing to adopt a Resolution to Vacate a portion of a 30-foot wide platted Utility and Drainage Easement located off of Winkler Road Extension at 8683 South Lake Circle, Fort Myers, FL 33908.  (Case No. VAC2003-00058)
WHY ACTION IS NECESSARY:
To construct a new single-family residence, pool and lanai on the lot.  The vacation of this easement will not alter existing drainage and utility conditions and the easement is not necessary to accommodate any future drainage and utility requirements.
WHAT ACTION ACCOMPLISHES:
Vacates the Utility and Drainage Easement.  (S3-T46S-R24E)  (#5)  (#20040311-Development Services)  CONTINUED FROM 04-13-04, TO BE WITHDRAWN 

 (#2)

Public Hearing

 

ACTION REQUESTED:  Conduct a Public Hearing to adopt a Resolution to Vacate a portion of Platted Waterway/Canal Right-of-Way located at 11828 Island Ave., Matlacha, Florida.  (Case No. VAC2004-00014), and to authorize the Chairman to accept the donation of a replacement Perpetual Stormwater Drainage Easement Grant in favor of Lee County.
WHY ACTION IS NECESSARY:  To extinguish any public rights to a narrow filled “hiatus strip” located between the homeowner’s lot line and the existing limits of the excavated canal, and also to restore the original’s developer’s intent for this lot to abut the waterway.  The vacation of the canal will not alter existing waterway/canal conditions and the easement is not necessary to accommodate any future waterway/canal requirements.  The Board must accept all conveyances of real estate interests to the County.
WHAT ACTION ACCOMPLISHES:  Vacates the Platted Waterway/Canal Right-of-Way, and provides a necessary replacement drainage easement to the County.  (S14-T44-R22)  (#1)  (#20040689-Community Development) 

(#3)

Public Hearing

 

ACTION REQUESTED:
Conduct a Public Hearing to adopt a Resolution to Vacate the Westerly 700 +/- feet of Coconut Road, a County Road Right-of-Way Easement (Viewer’s Road), and a smaller portion of County owned Road Right-of-Way, located at Coconut Road, Estero, Florida  (Case No. VAC2003-00023)
WHY ACTION IS NECESSARY:
To permit the development of the Coconut Point Marina property and to provide a private road to the marina parcel.
WHAT ACTION ACCOMPLISHES:
Vacates a portion of County Road Right-of-Way Easement.  (S7-T47S-R25E)  (#3)  (#20040737-Development Services) 

(#4)

Public Hearing

 

ACTION REQUESTED:
Conduct a Public Hearing to adopt a Resolution to Vacate a 12-foot wide Public Utility Easement located at 732 Delridge Ave S., Lehigh Acres, FL 33936.  (Case No. VAC2004-00022)
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:
Vacates the Public Utility Easement.  (S22-T45S-R27E)  (#5)  (#20040731-Development Services)

 (#5)

Public Hearing

 

ACTION REQUESTED:
Conduct a Public Hearing to adopt a Resolution of Final Assessment for the Cottage Point Waterline MSBU.
WHY ACTION IS NECESSARY:
The Board is required by Ordinance to adopt Resolution of Final Assessment.
WHAT ACTION ACCOMPLISHES:
Allows staff to finalize project, prepare and assess property owners for the project cost.  (#20040705-MSTBU Services)

 (#6)

Public Hearing

 

ACTION REQUESTED:
Request Board conduct a Public Hearing and approve a Resolution to establish the Solid Waste Collection and Disposal Program Special Assessments, rates and charges for tax year 2004 (FY 04-05); approve the proposed Resolution setting the annual special assessments and fees for the 2004 tax year, and direct the special assessments to be placed onto the Lee County tax bill for collection by the Lee County Tax Collector per Section 197.3632, Florida Statutes, for the 2004 tax year and each year thereafter by the terms of the Resolution.
WHY ACTION IS NECESSARY:
Lee County Ordinances Nos. 00-20 and 95-20, both as amended, require that the annual Solid Waste Collection and Disposal Special Assessments, rates and fees be adopted on or before July 30th of each year.  To meet this requirement, the Board is being requested to set the rates and charges, and direct the special assessments to be placed onto the Lee county tax bill for 2004 and each year thereafter by the terms of the Resolution.
WHAT ACTION ACCOMPLISHES:
Complies with the requirements of Lee County Ordinance Nos. 00-20 and 95-20, both as amended, establishes the annual special assessments, rates and fees for the Mandatory Solid Waste Collection and Disposal Program, and directs the placement of the solid waste assessments onto the Lee County tax bill for collection by the Lee County Tax Collector per Section 197.3632, Florida Statutes, for the 2004 tax year.  (#20040716-Solid Waste)

 (#7)

Public Hearing

 

ACTION REQUESTED:
Conduct a Public Hearing to enact a Reviser’s Ordinance Repealing Lee County Ordinances 02-31, 96-23, 96-15, 96-10, 90-64, 81-28 and 81-27, for Public Guardianship, Teen Court, the Juvenile Assessment Center, Legal Aid, Civil Mediation Program and the Law Library, for the reason that such ordinances are now obsolete and of no further effect.  Adopt a Resolution to amend Administrative Code No. 3-10 “External Fee Numbers 6-2* and 6-3*.
WHY ACTION IS NECESSARY:
Board must formally adopt an Ordinance at a scheduled, advertised Public Hearing.
WHAT ACTION ACCOMPLISHES:
Will repeal Lee County Ordinances 02-31, 96-23, 96-15, 96-10, 90-64, 81-28 and 81-27 providing for current consistency with state law and amends by Resolution, Administrative Code No. 3-10 “External Fee Numbers 6-2* and 6-3*”.  (#20040751-County Attorney) 

 (#8)

Public Hearing

 

ACTION REQUESTED:
Conduct a Public Hearing to enact an Ordinance pertaining to the imposition of (1) an additional $15.00 surcharge on non-criminal moving traffic infractions, (2) an additional court cost of $65.00 against any defendant who pleads guilty or nolo contendere to or is found guilty of any felony, misdemeanor or criminal traffic offense, and (3) an additional court cost of $2.50 on conviction or nolo contendere plea for pedestrian, moving or non-moving civil infractions.
WHY ACTION IS NECESSARY:
Board must formally adopt an Ordinance to impose the fees at a scheduled, advertised Public Hearing.
WHAT ACTION ACCOMPLISHES:
This Ordinance implements the Article V revisions made by the Legislature in 2004 affecting funding of the State court system.  (#20040763-County Attorney)

 (#9)

ACTION REQUESTED:
Conduct a public hearing at 5:00 p.m. to consider adoption of an Ordinance amending the Lee County Charter with the Board-selected Amendments to be approved by Referendum at the November 2, 2004 General Election.
WHY ACTION IS NECESSARY:
Section 101.161, Fla. Stat., requires that questions presented to the electorate on the General Election ballot, be directed to the Supervisor of Elections by County Ordinance or Resolution.
WHAT ACTION ACCOMPLISHES:
Provides necessary authorizations for the placement of Charter Amendment(s) ballot questions to the voters at the November 2, 2004 election.  (#20040663-County Attorney)

(#10)

Public Hearing

 

ACTION REQUESTED:
Conduct a public hearing at 5:00 p.m. to consider the adoption of a County Resolution directing the Charter Review Committee II’s proposed Amendments that the Board deems appropriate, to the Supervisor of Elections for placement on the November 2, 2004 ballot.
WHY ACTION IS NECESSARY:
Section 101.161, Fla. Stat., requires that questions presented to the electorate on the General Election ballot, be directed to the Supervisor of Elections by County Ordinance or Resolution.
WHAT ACTION ACCOMPLISHES:
Provides necessary authorizations for the placement of Charter Amendment(s) ballot questions to the voters at the November 2, 2004 election.  (#20040651-County Attorney)

5:05 PM

 (#1)

Public Hearing

 

ACTION REQUESTED:
Conduct second public hearing on proposed amendment of Lee County Land Development Code regarding Estero Special Development Areas (Sunset Provision) to Public Hearings.
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.  (#20040766-County Attorney)

5:05 PM

Public Presentation of Matters by Citizens

 

Adjourn