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District #1 Bob
Janes |
District #2 Douglas St. Cerny Vice Chairman |
District #3 Ray
Judah
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District #4 Andrew W. Coy |
District #5 John E. Albion Chairman |
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Donald D. Stilwell, County Manager |
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Robert W. Gray, Deputy
County Attorney |
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September 14, 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
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9:30
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Invocation: |
Pastor Jade Pleshe |
Cornerstone
Ministries |
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Pledge
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Presentations: |
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(Commissioner
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Recap |
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Public
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Items
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Motion
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Consideration
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Walk-ons
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Commissioners'
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County
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County
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Adjourn
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September 14, 2004
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1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Approve budget amendment
resolutions, Interfund transfers, and transfers from reserves to incorporate
certain unanticipated receipts and appropriations for FY03-04. 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. (#20041111-Budget Services) |
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ACTION
REQUESTED: Approve not-to-exceed expenditure of $3,865,137
for the purchase of excess property and casualty insurance coverage,
associated professional fees for the period 10/1/04 - 10/1/05. WHY ACTION
IS NECESSARY: As required by AC 4-4, enables Risk Management to
purchase insurance to protect the County’s assets against unexpected losses. WHAT ACTION
ACCOMPLISHES: Enables the Budget Services/Risk Management to
purchase the necessary insurance in order to provide financial protection to
the County’s assets against various property and casualty losses. (#20041142-Risk Management) |
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ACTION REQUESTED: Approve interfund loan for
MSTBU. With time extensions, the loan
will be due September 30, 2005, 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 loan provides funds to close out construction
fund and relocate debt to MSTBU fund.
Loans to be reimbursed in FY 04-05 with collected assessments. (#20041147-Budget Services) |
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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 5-foot portion of a
20 feet wide Lake Maintenance Easement at 14013 Image Lake Court, Fort Myers,
Florida, located off of Summerlin Road, and adopt a resolution, setting a
Public Hearing for 5:00 PM on the 12th day of October 2004. (Case No. VAC2003-00029) WHY ACTION
IS NECESSARY: To legitimize the construction of a single-family
residential swimming pool. The
existing swimming pool was inadvertently permitted and constructed within the
20 foot wide Lake Maintenance Easement.
The vacation of this easement
will not alter existing lake maintenance and drainage conditions, and the
easement is not necessary to accommodate any future maintenance and drainage
requirements. WHAT ACTION
ACCOMPLISHES: Sets the time and date of the Public Hearing. (S26-T45S-R24E) (#3)
(#20031009-Development Services) |
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ACTION
REQUESTED: Accept a Petition to Vacate a 12-foot wide Public
Utility Easement located at 3303 and 3305 5th St. SW, Lehigh
Acres, Florida 33971, and adopt a resolution, setting a Public Hearing for
5:00 PM on the 12th day of October 2004. (Case No. VAC2004-00044) 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. (S35-T44S-R26E) (#5)
(#20041044-Development Services) |
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ACTION
REQUESTED: Accept a Petition to Vacate a 12-foot wide Public
Utility Easement located at 3105 72nd Street W., Lehigh Acres,
Florida 33971, and adopt a resolution, setting a Public Hearing for 5:00 PM
on the 12th day of October 2004.
(Case No. VAC2004-00048) 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. (S2-T44S-R26E) (#5) (#20041101-Development Services) |
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ACTION
REQUESTED: Accept the annual Concurrency Management Report. WHY
ACTION IS NECESSARY: The inventory must be reviewed and approved by the
Board of County Commissioners (Land Development Code Chapter 2). WHAT
ACTION ACCOMPLISHES: Ensures that adequate infrastructure is provided
as new growth occurs.
(#20041146-Development Services) |
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5. |
HUMAN SERVICES |
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ACTION
REQUESTED: Approve and execute agreement with the Department
of Community Affairs (DCA) in the amount of $43,166 for the Weatherization
Assistance Program/Low Income Home Energy Assistance Program (WAP/LIHEAP). WHY ACTION
IS NECESSARY: To legally execute required agreement. WHAT ACTION
ACCOMPLISHES: Allows the Department of Human Services to accept
$43,166 to provide weatherization for homes in Lee County. (#20041102-Human Services) |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Conceptually approve an exchange of real estate
with the South Trail Fire Protection and Rescue Service District of property
located on Daniels Parkway; authorize staff to negotiate details of exchange
under FS Chapter 125.37 in order to arrive at a mutually benefiting
recommendation to present to the Board at a subsequent meeting. WHY ACTION
IS NECESSARY: Board’s direction is necessary before staff time
is expended. WHAT ACTION
ACCOMPLISHES: Allows staff to work with the Fire District to
negotiate details of a proposed exchange.
(#20041022-County Lands) |
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ACTION
REQUESTED: Approve Purchase Agreement for acquisition of
Parcel 241, Three Oaks Parkway South Extension Project No. 4043, in the
amount of $85,000.00; 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. (#20041068-County Lands) |
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ACTION REQUESTED: Approve Purchase Agreement
for acquisition of Parcel 326, Imperial Street Widening Project No. 4060, in
the amount of $190,300; 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.
(#20041069-County Lands) |
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ACTION
REQUESTED: Approve Purchase Agreement for acquisition of
Parcel 210 Corkscrew Road Service Area (CRSA) MSBU Road Widening Project No.
4723, in the amount of $92,946,000; 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: Acquisition of property necessary for the widening
of Corkscrew Road. (#20041089-County
Lands) |
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7. |
PUBLIC SAFETY |
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ACTION
REQUESTED: Approve waiving the formal bid process for
BW-04-04 and approve Change Order No. 1 with Medical Transportation
Consultants, LLC, contract number 2851 in the not-to-exceed amount of
$15,000.00 for a total contract amount of $65,000.00 with the contract term
extended to September 30, 2004. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Provides for a Consultant to complete the
following Public Safety programs which will enhance ambulance response times:
a 5 year plan for EMS Helicopter, Part 135 operation and a Medicare HIPAA
compliance program. (#20041122-EMS) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: Approve Change Order No. 10 to Contract #2035,
with T.Y. Lin International, For CN-01-19 Summerlin Road Six Laning between
San Carlos and Gladiolus, for a not-to-exceed amount of $405,393.84. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Includes Construction Engineering and Inspection
Services for Summerlin Road Six Laning between San Carlos and Gladiolus. Inspection staff to include a Bridge
Project Engineer and Bridge Senior Inspector. These individuals are qualified to inspect all aspects of the
proposed construction to include earthwork, asphalt, roadway items,
maintenance of traffic and bridge construction. (#20041116-Transportation) |
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10. |
UTILITIES |
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ACTION REQUESTED: Approve construction of a water and gravity main
extension serving Cypress Office Center. This is a Developer contributed asset
project located along Cypress Lake Drive approximately 1,200 east of McGregor
Blvd. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this proposed commercial development. WHAT ACTION ACCOMPLISHES: Complies with the Lee County Utilities line
extension policy and provides adequate utility infrastructure to support development
of this phase. (#20041077-Utilities) |
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ACTION REQUESTED: Approve construction of a water main extension and
gravity collection system serving Miromar
Lakes, Tracts C1 & C2. This
is a Developer contributed asset and the project is located approximately
1-1/2 mile north of Corkscrew Road and ¼ of a mile west of Ben Hill Griffin
Parkway. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this proposed 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.
(#20041078-Utilities) |
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ACTION REQUESTED: Authorize Lee County Utilities to negotiate an
engineering contract with Malcolm Pirnie, Inc. who will also be utilized by
the City of Fort Myers for engineering services for revisions to the
Interlocal Wastewater Treatment Agreement between the City of Fort Myers and Lee
County; and, for the preparation of the Sewer Master Plan Update for the
Wastewater System for both systems. WHY ACTION IS NECESSARY: Board authorization is necessary for both parties
to utilize the same engineering firm. WHAT ACTION ACCOMPLISHES: Allows Lee County Utilities and the City of Fort
Myers Public Works Department to utilize the same consultant for the
rewriting of our Interlocal Agreement and the Sewer Master Plan update for
both entities. (#20041079-Utilities) |
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ACTION REQUESTED: Approve final acceptance by Resolution and
recording of one (1) Utility Easement as a donation of water distribution and
gravity collection systems, lift station and force main serving Estero River Estates. This is a developer contributed asset project located on the
east side of Sandy Lane, north of Corkscrew Road approximately 1/3 mile east
of S. Tamiami Trail in Estero. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this recently constructed residential
development. WHAT ACTION ACCOMPLISHES: Places the water and sewer systems into operation
and complies with the Lee County Utilities Operations Manual. (#20041104-Utilities) |
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ACTION REQUESTED: Approve final acceptance by Resolution, as a
donation of a water main extension, three (3) fire hydrants, one (1) 4”
diameter fire line and a force main extension serving Winkler Pointe Subdivision
(Eckerd Drug Store). This
is a developer contributed asset project located on the northeast corner of
Winkler Road and Summerlin Road. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to the recently constructed commercial project. WHAT ACTION ACCOMPLISHES: Places the water main, hydrants, fire line and
force main into operation and complies with the Lee County Utilities
Operations Manual.
(#20041105-Utilities) |
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ACTION REQUESTED: Approve construction of a water and gravity main
extensions serving Country Lakes, Unit
II. This is a Developer contributed asset and the project is located on
the northeast corner of I-75 and Tice street. WHY ACTION IS NECESSARY: To provide potable water service, fire protection,
and sanitary sewer service to this phase of the manufactured home development. WHAT ACTION ACCOMPLISHES: Complies with the Lee County Utilities line
extension policy and provides adequate water and sanitary sewer
infrastructure to support development of the subject property. (#20041106-Utilities) |
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ACTION REQUESTED: Approve final acceptance, by Resolution, as a
donation of water distribution and gravity collection systems serving Cypress
Marsh, Phase II at Verandah .
This is a Developer Contributed asset project located on the south
side of State Road 80, approximately ½ mile east of State Road 31. 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. (#20041107-Utilities) |
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ACTION REQUESTED: Approve final acceptance by Resolution as a
donation of water distribution and gravity collection systems, lift station
and force main serving Lakewood
Village. This is a developer
contributed asset project located on the west side of Lakewood Boulevard
approximately 1,400’ west of Summerlin Road. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this 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. (#20041108-Utilities) |
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ACTION
REQUESTED: Approve for acceptance and filing with the Clerks
Office, Minutes Department, an after-the-fact emergency under E-03-08 GES
Resolution No. 03-07-08 for Supplemental Task Authorization (STA) No. 3 to
Pitman-Hartenstein, for CN-01-11 Miscellaneous Utility Engineering Design
and/or Inspection Services (Contract No. 1859), S.R. 78
(Bayshore Road) – Slater Road to I-75 Water Main Relocation – Post Design
Services, for a Not-to-Exceed total amount of $49,984.80. WHY ACTION
IS NECESSARY: Board approval is required. WHAT ACTION
ACCOMPLISHES: Provides after-the-fact approval under the
emergency GES Resolution for STA No. 3 to provide post-design services for
S.R. 78 (Bayshore Road) – Slater Road to I-75 Water Main Relocation. (#20041118-Utilities) |
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11. |
PARKS AND RECREATION |
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ACTION
REQUESTED: Approve the Prairie Pines Preserve (PPP) Land
Stewardship Plan. WHY ACTION
IS NECESSARY: The PPP Land Stewardship Plan should be approved
by the Board for land stewardship staff to implement the plan. WHAT ACTION
ACCOMPLISHES: Approving of the PPP Land Stewardship Plan
establishes guidelines for management and public use facilities at the
PPP. (#20041125-Parks and Recreation) |
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ACTION
REQUESTED: Authorize the Chairman to sign a Wildlife
Cooperative Agreement between the United States Department of the Interior,
Partners for Fish and Wildlife Program and Lee County to restore and enhance
wildlife habitat on a 103-acre portion of San Carlos Bay-Bunche Beach
Preserve. Approve Budget Amendment
Resolution. WHY ACTION
IS NECESSARY: To accept funds from the Partners for Fish and
Wildlife Program to control the invasive and exotic species at the San Carlos
Bay-Bunche Beach Preserve. WHAT ACTION
ACCOMPLISHES: This agreement will enable Lee County to receive
$25,000 on a reimbursement basis for mangrove forest and salt marsh habitat
restoration benefiting wading and migratory birds, bald eagles, and wood
storks the San Carlos Bay-Bunche Beach Preserve. Completion of this project will create a healthy habitat with a
naturally diverse area visually more pleasing for the neighbors. (#20041126-Parks and Recreation) |
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12. |
COUNTY ATTORNEY |
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ACTION
REQUESTED: Direct a non-emergency ordinance creating the
Moody River Estates Community Development District to public hearing on
November 9, 2004 at 9:30 a.m., or as soon thereafter as it may be heard, in
the Commission Chambers. WHY
ACTION IS NECESSARY: Colonial Homes, Inc., has petitioned the Board to
establish the Moody River Estates Community Development District. WHAT
ACTION ACCOMPLISHES: Allows response to the petition by providing a
forum to evaluate the appropriateness of the request.
(#20041128-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).
(#20040958-Clerk of Courts) |
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ACTION REQUESTED: Increase the FY 03-04 budget of the Supervisor of
Elections in the amount of $200,000.
Authorize a transfer from General Fund Reserves accordingly. Provide additional funding to the Lee
County Supervisor of Elections due to unanticipated expenses. WHY ACTION IS NECESSARY: Overages in postage and overtime relating to party
changes, increase in numbers of voters and increased requests for absentee
ballots. WHAT ACTION ACCOMPLISHES: Provides funding for balance of annual
obligations. (#20041129-Elections) |
September
14, 2004
NO BLUESHEETS
RECEIVED
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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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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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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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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 |
WALK ON AGENDA ITEMS
September
14, 2004
Walk On |
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ACTION REQUESTED: REASON FOR WALK ON: |
Walk On |
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ACTION REQUESTED: REASON FOR WALK ON: |
Walk On |
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ACTION REQUESTED: REASON FOR WALK ON: |
CARRY OVERS
September
14, 2004
Carry Over |
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ACTION
REQUESTED: Approve a request to reconvey those rights held by the County in that portion of an unbuilt Viewer's Road located in Section 5, Township 46 South, Range 24 East, to the current property owner, authorize the Chairman to execute a County Deed for this purpose and authorize the County Attorney's Office to handle and complete all documentation necessary. WHY ACTION
IS NECESSARY: Board approval is necessary to reconvey the County's rights in an unbuilt portion of a Viewer's Road in accordance with 255.22, F.S. WHAT ACTION
ACCOMPLISHES: Releases to the requesting property owner any right, title or interest held by the County in an unbuilt portion of the Viewer's Road at this location |
PUBLIC AGENDA
September 14, 2004
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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 Resolution on
Petition to Vacate a 12-foot wide Public Utility Easement located at 400 and
402 Calvin Ave., Lehigh Acres, Florida 33936. (Case No. VAC2004-00031) 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. (S28-T44S-R27E) (#5)
(#20041045-Development Services) |
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Public
Hearing |
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ACTION
REQUESTED: Conduct a Public Hearing to adopt a Resolution on
Petition to Vacate a 12-foot wide Public Utility Easement located at 1701
North Ave., Lehigh Acres, Florida.
(Case No. VAC2004-00024) 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. (S9-T44S-R27E) (#5)
(#20041046-Development Services) |
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Public
Hearing |
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ACTION
REQUESTED: Conduct a Public Hearing to adopt a Resolution on
Petition to Vacate a 12-foot wide Public Utility Easement located at 612
Hibiscus Ave., Lehigh Acres Florida 33936.
(Case No. VAC2004-00032) 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 Public Utility Easement. (S29 & 28-T44S-R27E) (#5)
(#20041063-Development Services) |
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Public
Hearing |
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ACTION
REQUESTED: Conduct a Public Hearing to adopt a Resolution on
Petition to Vacate a 12-foot wide Public Utility Easement located at 2930 21st
St. SW, Lehigh Acres, Florida 33971. (Case No. VAC2004-00026) 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. (S1-T45S-R26E) (#5)
(#20041062-Development Services) |
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Public
Hearing |
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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)
(#20040963-Development Services) |
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Public
Hearing |
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ACTION
REQUESTED: Conduct a Public Hearing to adopt a Resolution on
Petition to Vacate a 12-foot wide Public Utility Easement located at 409
Truman Ave., Lehigh Acres, Florida 33972.
(Case No. VAC2004-00043) 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 drainage and/or utility requirements. WHAT ACTION
ACCOMPLISHES: Vacates the Public Utility Easement. (S26-T44S-R27E) (#5)
(#20041066-Development Services) |
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Public
Hearing |
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ACTION REQUESTED: Conduct a public hearing to adopt a Resolution to
create the North Captiva Beach Renourishment MSBU and a Resolution of Intent
to Reimburse for associated expenditures. 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. (#20040837-MSTBU
Services) CONTINUED FROM 07-27-04 |
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5:05
PM |
Public
Presentation of Matters by Citizens |
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Adjourn |