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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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James
G. Yaeger, County Attorney |
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June 1, 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
Ralph Rivers |
Good
Shepherd United Methodist Church |
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Pledge
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Presentations: |
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(Commissioner
Janes-#20040653) |
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(Commissioner
Judah-#20040654) |
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(Commissioner
Janes-#20040655) |
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(Commissioner
Albion-#20040656) |
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Recap |
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Public
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Items
to be pulled for discussion by the Board |
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Motion
to approve balance of items |
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Consideration
of items pulled for discussion |
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Walk-ons
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Commissioners'
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County
Manager Items |
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County
Attorney Items |
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Adjourn |
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June
1, 2004
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1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Authorize Budget Amendment Resolutions for the receipt of $56,795,043 of bond proceeds from the Capital Revenue Bonds, Series 2004 (Justice Center). WHY ACTION
IS NECESSARY: Budget Amendment Resolutions must be approved to
receive bond proceeds. WHAT ACTION
ACCOMPLISHES: Establishes the accounts necessary to receive bond
proceeds. (#20040629-Budget Services) |
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ACTION REQUESTED: Present to the Board for information and filing
the Object Code #504015 Expenditure Report for the second quarter of FY03-04
(January through March 2004) WHY ACTION
IS NECESSARY: Lee County Ordinance #90-18 WHAT ACTION
ACCOMPLISHES: Allows Board to monitor expenditures being made by
County Departments and Divisions to this object code. (#20040641-County Manager) |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION
REQUESTED: Approve change of ownership of lease for 12681
Metro Parkway in Ft. Myers from James W. Wilson to Otay Investments, LLC of
1740 SE 44th Street, Cape Coral, Florida 33904. This lease is in effect until February 28,
2005 and is being utilized by the Sheriff’s Department. WHY ACTION
IS NECESSARY: Board must approve all leases and change of
ownership of those leases WHAT ACTION ACCOMPLISHES: Enables the county to be able to pay the new owner
of the facility.
(#20040613-Facilities Management) |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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ACTION
REQUESTED: Accept a Petition to Vacate a 12-foot wide Public
Utility Easement located at 732 Delridge Ave S., Lehigh Acres, FL 33936, and
adopt a resolution, setting a Public Hearing for 5:00 PM on the 22nd
day of June 2004. (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: Sets the time and date of the Public Hearing. (#20040586-Development Services) |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Approve Purchase Agreement for acquisition of the
Pham Parcel, Plantation Extension Project No. 4065, in the amount of $35,000;
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 purchase of the
property during the voluntary acquisition phase of the project. (#20040533-County Lands) |
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ACTION
REQUESTED: Approve Purchase Agreement for acquisition of the
Roth Parcel, Plantation Extension Project No. 4065, in the amount of $70,000;
authorize payment of costs to close and the Division of County Lands to
handle all documentation necessary to complete transaction. WHY ACTION
IS NECESSARY: The Board must accept all real estate conveyances to Lee County. WHAT ACTION
ACCOMPLISHES: The purchase of the
property during the voluntary acquisition phase of the project. (#20040534-County Lands) |
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ACTION
REQUESTED: Approve Purchase Agreement for acquisition of the
Whited Parcel, Plantation Extension Project No. 4065, in the amount of
$35,000; 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 purchase of the
property during the voluntary acquisition phase of the project. (#20040535-County Lands) |
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ACTION
REQUESTED: Approve Purchase Agreement for acquisition of
Parcel 313 Three Oaks Parkway South Extension Project No. 4043, in the amount
of $87,000; 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 purchase of the property during the voluntary
acquisition phase of the project.
(#20040584-County Lands) |
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ACTION
REQUESTED: Authorize approval of Purchase Agreement for
acquisition of Parcel 153, Burnt Store Road Widening Project No. 4088, in the
amount of $63,000.00; the Chairman on behalf of the Board of County
Commissioners to execute Purchase Agreement; and payment of costs to close
and the Division of County Lands to handle and accept 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 purchase of the property during the voluntary acquisition phase of the project. (#20040601-County Lands) |
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ACTION
REQUESTED: Approve the recommendation of the Conservation
Lands Acquisition and Stewardship Advisory Committee to pursue for
acquisition approximately 54 acres in Township 44S, Range 23E, Section 19 on
Veterans Parkway and known as Conservation 20/20 Nomination 262. Authorize staff to enter negotiations with
the property owners. WHY ACTION IS
NECESSARY: The Board must approve advisory committee
recommendations for Conservation 20/20 Program acquisitions and must
authorize necessary expenses for the negotiation process. WHAT ACTION
ACCOMPLISHES: Begins the negotiation process to buy
environmentally sensitive lands needed for native plants and animals, flood
control, water quality, water supply, and public use. (#20040614-County Lands) |
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ACTION
REQUESTED: Approve the recommendation of the Conservation
Lands Acquisition and Stewardship Advisory Committee to pursue for
acquisition approximately 0.23 acres in Township 44S, Range 27E,
Section 6 in the Greenbriar area of Lehigh Acres and known as
Conservation 20/20 Nomination 250.
Authorize staff to enter negotiations with the property owners. WHY ACTION IS
NECESSARY: The Board must approve advisory committee
recommendations for Conservation 20/20 Program acquisitions and must
authorize necessary expenses for the negotiation process. WHAT ACTION
ACCOMPLISHES: Begins the negotiation process to buy
environmentally sensitive lands needed for native plants and animals, flood
control, water quality, water supply, and public use. (#20040615-County Lands) |
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ACTION
REQUESTED: Approve the recommendation of the Conservation
Lands Acquisition and Stewardship Advisory Committee to pursue for
acquisition approximately 3.92 acres in Township 44S, Range 27E,
Section 5 in the Greenbriar area of Lehigh Acres and known as Conservation
20/20 Nomination 243. Authorize staff
to enter negotiations with the property owners. WHY ACTION IS
NECESSARY: The Board must approve advisory committee
recommendations for Conservation 20/20 Program acquisitions and must
authorize necessary expenses for the negotiation process. WHAT ACTION
ACCOMPLISHES: Begins the negotiation process to buy
environmentally sensitive lands needed for native plants and animals, flood
control, water quality, water supply, and public use. (#20040616-County Lands) |
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ACTION
REQUESTED: Approve Purchase Agreement for acquisition of the
Davis Parcel, Plantation Extension Project No. 4065, in the amount of
$229,500; 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 purchase of the
property during the voluntary acquisition phase of the project. (#20040639-County Lands) |
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ACTION
REQUESTED: Approve the recommendation of the Conservation
Lands Acquisition and Stewardship Advisory Committee to pursue for
acquisition approximately 427 acres in Township 47S, Range 25E, Section 13 in
the Bonita Springs area and known as Conservation 20/20 Nomination
249. Authorize staff to enter into
negotiations with the property owners. WHY ACTION IS
NECESSARY: The Board must approve advisory committee
recommendations for Conservation 20/20 Program acquisitions and must
authorize necessary expenses for the negotiation process. WHAT ACTION
ACCOMPLISHES: Begins the negotiation process to buy
environmentally sensitive lands needed for native plants and animals, flood
control, water quality, water supply, and public use. (#20040640-County Lands) |
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ACTION
REQUESTED: Execute an Interlocal Agreement with the Town of
Fort Myers Beach to reimburse Lee County for a not to exceed amount of
$60,000 for the procurement, installation, and ongoing operational fees of an
Automated Bus Arrival Times System for Fort Myers Beach. WHY ACTION
IS NECESSARY: To outline the responsibilities of both the Town
of Fort Myers Beach and Lee County. WHAT ACTION
ACCOMPLISHES: Provides an Interlocal agreement with the Town of
Fort Myers Beach and Lee County for the procurement and installation of an
Automated Bus Arrival Times System for Fort Myers Beach. The Town will reimburse the county for the
procurement, installation, and ongoing operational fees and the County will
oversee ongoing operation and maintenance of the system (#20040671-Transit) |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION
REQUESTED: Execute Amendment No. 3 to Florida Department of Environmental Protection Contract No. GC570, Agreement for Storage Tank System Compliance Verification Program for Lee County. No additional funding is required. WHY ACTION
IS NECESSARY: All agreements and amendments thereto require
approval by the Board of County Commissioners. WHAT ACTION
ACCOMPLISHES: Amends four (4) paragraphs of existing ten-year
contract. (#20040609-Natural Resources) |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: Accept for maintenance the frontage road at the
southeast corner of Summerlin Road and Pine Ridge Road which extends from the
east right-of-way line of Pine Ridge Road thence east, north and east 1100’
built under D.O. #2002-00247, where it connects to a frontage road previously
accepted by the Board, Section 8, Township 46 south, range 24 East. WHY ACTION
IS NECESSARY: Board action is necessary to conclude the final
step in the Road Maintenance Acceptance Policy, AC-11-7. WHAT ACTION
ACCOMPLISHES: Provides formal notification to the public that
the Department of Transportation is now responsible for the maintenance of
this road. (#20040520-Transportation) |
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ACTION REQUESTED: Approve budget amendment resolution for revenues
and expenditures and amend FY03-08 Capital Improvement Program. WHY ACTION IS NECESSARY: Requires BOCC approval for budget resolutions and
amendments to CIP. WHAT ACTION ACCOMPLISHES: Allows County to accept a contribution from the
City Of Bonita Springs in the amount of $6,864,000 as per the approved Joint
Supplemental Interlocal Agreement to be expended on the Three Oaks Extension,
South Project #4043.
(#20040600-Transportation) |
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10. |
UTILITIES |
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ACTION REQUESTED: Approve construction of a water main extension
serving Gladiolus Crossing. This is
a Developer contributed asset and the project is located at the northeast
corner of Gladiolus Drive and Winkler Road. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to the proposed Shopping Center. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual. (#20040514-Utilities) |
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ACTION
REQUESTED: Approve and authorize Chairman to execute Change
Order #2 with Phoenix Construction Services under Contract #2409 (B-03-06)
Alico Road Improvements in the amount of $1,390,770.00 for a total contract
amount of $14,216.959.19. Also
approve budget transfer from Utilities Reserve for Contingencies in the
amount of $1,400,000.00 and amend FY 03/04 CIP for Improvements Construction. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Will provide major water transmission mains in
conjunction with the Alico Road Improvements project to accommodate growth in
the Lee County Utility and GES Service areas. (#20040658-Utilities) |
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11. |
PARKS AND RECREATION |
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ACTION
REQUESTED: Accept termination letter and approve and
executive new contract with the Lehigh Acres Senior Center, Inc. for the use
of a county-owned building for the Lehigh Senior Center , for a contract
period through December 31, 2005. WHY ACTION
IS NECESSARY: Board must approve all agreements for
public-private partnerships. WHAT ACTION
ACCOMPLISHES: Allows the Lehigh Acres Senior Center, Inc. to
provide a continuation of senior programs in the east area of Lee
County. (#20040589-Parks and
Recreation) |
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12. |
COUNTY ATTORNEY |
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ACTION REQUESTED: Direct amendment of Lee County Land Development
Code regarding Estero Special Development Areas (Sunset Provision) to Public
Hearings. Recommended hearing dates
are as follows: Local Planning Agency: May 24, 2004; BOCC First Public Hearing:
June 8, 2004; BOCC Second Public Hearing: June 22, 2004. WHY ACTION IS NECESSARY: Public Hearings are necessary to adopt amendments
to the LDC. WHAT ACTION ACCOMPLISHES: Set hearing dates before the LPA and Board of
County Commissioners for advertising purposes. (#20040644-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).
(#20040618-Clerk of Courts) |
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ACTION
REQUESTED: Authorize signature of Chairman to apply for the Edward Byrne Memorial State and Local Assistance funds for the multi-jurisdictional Combined Law Enforcement Against Narcotics Task Force (C.L.E.A.N. Task Force) in the amount of $323,543. The LCSO requests that the Chairman authorize C.L.E.A.N. grant application. WHY ACTION
IS NECESSARY: The grant requires the signature of the government
executive. WHAT ACTION
ACCOMPLISHES: Affords the Lee County Sheriff’s Office the
opportunity to procure funds for C.L.E.A.N. Task Force. (#20040627-Sheriff) |
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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. (#20040649-Clerk of Courts) |
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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. (#20040652-Clerk of Courts) |
June
1, 2004
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1. |
COUNTY ADMINISTRATION |
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2. |
CONSTRUCTION AND DESIGN |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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ACTION
REQUESTED: Accept a Petition 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 and adopt a resolution setting a Public Hearing for
5:00 PM on the 22nd day of June 2004. (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. Item is on administrative agenda due to
policy issues associated with public waterway access. WHAT ACTION
ACCOMPLISHES: Setting the time and date of the Public
Hearing. (#20040642-Development
Services) |
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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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ACTION REQUESTED: Approve the Resolution of Necessity for the
acquisition and condemnation of parcels required for the Koreshan Boulevard
Extension now known as Estero Parkway (Three Oaks Parkway to Ben Hill Griffin
Parkway), Project No. 5021. WHY ACTION IS NECESSARY: The Board must formally approve the Resolution of
Necessity prior to proceeding with condemnation of parcels necessary for the
project. WHAT ACTION ACCOMPLISHES: Allows the County to proceed with condemnation, if
necessary, so parcels can be acquired for the Koreshan Boulevard Extension
now known as Estero Parkway (Three Oaks Parkway to Ben Hill Griffin Parkway),
Project No. 5021. (#20040566-County
Attorney) |
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ACTION REQUESTED: 1. Receive
the Final Report from the Lee County Charter Review Committee II, which
includes the Committee’s proposed Amendments to the Lee County Charter for
electorate consideration on November 2, 2004. 2. Vote on each
of the Amendments individually for their subsequent placement on the November
2, 2004 ballot. 3. Authorize staff to set and advertise for a
public hearing to be held on Tuesday, June 22, 2004 at 5:00 p.m. for the
Board’s consideration of the adoption of (a) a Resolution directing the
placement of the Board-selected Amendments onto the November 2, 2004 ballot,
and (b) an Ordinance amending the Lee County Charter with the Board-selected
Amendments to be approved at the November 2, 2004 General Election. WHY ACTION IS NECESSARY: Per the Lee County Charter, the Charter Review
Committee is obligated to present to the Board of County Commissioners, its
proposals for any Amendments to the Lee County Charter to be voted upon by
the electorate at the November 2, 2004 election, and for the Board to approve
the proposed Amendments. WHAT ACTION ACCOMPLISHES: Complies with Charter requirements for the Charter
Review Committee’s presentation of its proposals for Charter Amendments to
the Lee County Charter for electorate consideration on November 2, 2004. (#20040638-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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