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BOOK - 2005R - B.O.C.C.-----------------------------------
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MAY 24, 2005
The
Regular Meeting
of the
was held on this date with the
following Commissioners present:
Williams, Caring Ministries Fellowship, followed by the Pledge of Allegiance to the Flag.
PRESENTATIONS
Commissioner Judah read and presented a resolution describing the military career of Cape Coral High
School graduate Captain Daniel William Eggers; noting that Captain Eggers died in Afghanistan while serving his
country; proclaiming May 27, 2005 as
(
#20040687-
Commissioner Judah)
resident Corporal Manuel Lopez III; noting that Corporal Lopez died in Iraq while serving his country; proclaiming
May 27, 2005 as
made the ultimate sacrifice in pursuit of freedom and peace. (
#20050688-
Commissioner St. Cerny)
resident Private First Class (PFC) Brandon Janes Wadman; noting that PFC Wadman died in Afghanistan while
serving his country; proclaiming May 27, 2005 as
and urging all citizens to honor PFC Wadman, who made the ultimate sacrifice in pursuit of freedom and peace.
(
#20050689-
Commissioner Janes)
families, commented on the tragedy of having three area residents killed in the line of duty within one year, and
invited all citizens to a memorial service at 10:00 a.m. on Friday, May 27, 2005.
ANNOUNCEMENTS
Referring to the
Agenda Revision Recap Sheet
dated May 24, 2005, the Chairman announced that:
5:00 P.M. Agenda Items (1) and (2) should be deferred to the Regular Meeting of June 14, 2005.
Commissioner Janes so moved, seconded by Commissioner Hall, called and carried.
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (C) and Administrative (A)
C6(a) -
of the law firm of Knott, Consoer, Ebelini, Hart, & Swett P.A.,
representing the 951 Council, stated that the request appeared to be for the
acquisition of property for an alignment of CR951 that the Board had not yet
approved; described the Council's plans to hire consultants to develop alternative
alignments; and cited his client's concern that the decision was already made.
C6(a) - 951 Council member
mentioned that the announcement of a proposed Estero
surprising; urged the Board to defer action on the request; and asserted that the
Council would develop a satisfactory alternative route to the east.
C6(a) - Estero resident
suggested that the Board should not commit the funds until
the Density Reduction/Groundwater Resource (DR/GR) study was completed.
The following are the Consent Agenda items that each Board member wished to have discussed:
Commissioner Judah - C6(a) and C12(b)
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Commissioner Albion - C6(a)
Commissioner Janes - C6(a)
Commissioner Hall - None
Commissioner St. Cerny - None
CONSENT AGENDA
1. COUNTY ADMINISTRATION
No requests received.
2. CONSTRUCTION AND DESIGN
(a)
ACTION REQUESTED/PURPOSE:
Approve an
Addendum
to the Construction Manager (CM) Agreement under RFQ-01-04, County-
Wide Continuing Contract for Construction Management, for the project known as Admin Building
of $309,597.00, including the CM fee of $24,927.00, with a total project completion time of 119
calendar days. Approve waiving of the formal process, if needed; and authorize the use of direct
County to purchase directly from suppliers of equipment and/or materials as a cost/time saving
measure. Approve a
budget transfer
from Capital Improvement Fund Reserves, in the amount of
$171,597.00, to the Admin Building Seal Windows and Panels Project; and amend the FY 04/05-08/09
Capital Improvements Program (CIP) accordingly. Funds will be available upon execution of the
budget transfer.
WHAT ACTION ACCOMPLISHES:
Administration Building, 2115 Second Street.
MANAGEMENT RECOMMENDATION:
Staff recommends approval. (
#20050607-
Facilities Management)
Commissioner Janes moved approval, seconded by Commissioner Hall, called and carried.
(b)
ACTION REQUESTED/PURPOSE:
Approve the utilization of General Services Administration (GSA) contract pricing, with
SimplexGrinnell,
for Fire and Security Products, Contract #GS-07F-0396M, and Fire Alarm and
Suppression Services, Contract #GS-06F-0054N, in the not-to-exceed amount of $198,975.00.
Authorize the Chairman to execute the SimplexGrinnell agreement. Approve a
budget transfer
from
Capital Improvement Fund reserves, in the amount of $198,975.00; and amend the FY04/05-08/09
Capital Improvements Program (CIP) for the Admin/Old Courthouse Alarm System Project.
WHAT ACTION ACCOMPLISHES:
Provides Facilities Management with a new alarm system for the Administration Building and Old
Courthouse.
MANAGEMENT RECOMMENDATION:
Staff recommends approval. (
#20050612-
Facilities Management)
Commissioner Janes moved approval, seconded by Commissioner Hall, called and carried.
(c)
ACTION REQUESTED/PURPOSE:
County Tax Collector. The funds were provided to the County for the acquisition of land for a branch
WHAT ACTION ACCOMPLISHES:
Allows the County to return the unspent funds provided by the Tax Collector.
MANAGEMENT RECOMMENDATION:
Management recommends approval. (
#20050623-
Construction and Design)
Commissioner Janes moved approval, seconded by Commissioner Hall, called and carried.
3. COUNTY COMMISSIONERS
No requests received.
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4. COMMUNITY DEVELOPMENT
No requests received.
5. HUMAN SERVICES
No requests received.
6. INDEPENDENT
(a)
ACTION REQUESTED/PURPOSE:
Approve a
Purchase Agreement
for acquisition of a 65±-acre parcel, encompassing Parcels 207 and
207SE, for Corkscrew Road Service Area (CRSA) MSBU Road Widening, Project No. 4723; Parcels
104 and 104UE, for Pinewoods Water Treatment Plant (WTP), Project No. 7155; and the remainder
parcel for CR951 Extension Right-of-way, Project No. 4078; STRAP Nos. 30-46-26-00-00001.0000
Authorize the payment of costs to close in the approximate amount of $15,000.00, and the payment of
any future assessments of the CRSA, if necessary; and authorize the Division of County Lands to
handle all documentation necessary to complete the transaction. Amend FY 05-09 Capital
Improvements Program (CIP) to advance CR951 Extension Right-of-way funds, in the amount of
$1,000,000.00, from FY 05/06 to the current year budget. Approve a
transfer,
in the amount of
$1,000,000.00, from reserves from Road Impact Fees - Southeast District.
WHAT ACTION ACCOMPLISHES:
Acquisition of property necessary for the Corkscrew Road Widening, Project No. 4723; the Pinewoods
WTP, Project No. 7155; and CR951 Right-of-way Extension, Project No. 4078.
MANAGEMENT RECOMMENDATION:
Management recommends Board approve the Action Requested. (
#20050577-
County Lands)
PULLED FOR DISCUSSION
In response to Commissioner Judah's question, DOT Engineer Don DeBerry clarified that, although the original plan
was to purchase only the strip of land needed for the CRSA project, WCI had offered to sell the entire parcel; that Lee
County Utilities (LCU) would be able to use part of the property for well fields; and that the remaining route under
study for CR951 would cross the property. County Lands Director Karen L. Forsyth stated that the asking price of
approximately $13,000.00 per acre would be well below the cost for other land in the area, and emphasized the
importance of the parcel for future County projects. In response to Commissioner Hall's question, Ms. Forsyth
explained that the agreement would allow 90 days for closing; and that the contract could be canceled if the projects
were abandoned. Mr. DeBerry stated that the parcel would not be needed for the Estero Parkway extension; and noted
that, if the CR951 alignment was not sited there, the County could re-sell the portion of the property not used for the
Corkscrew Road project or LCU. Board discussion followed regarding the proposed location of the Estero Parkway
extension, the amount of property needed by LCU, the potential alignment of CR951, the unusually low per acre cost,
the disadvantages of delaying action on the purchase agreement, the availability and adequacy of right-of-way in the
Grandeza development, and the possibility of finalizing the CR951 alignment within the 90-day closing period.
Throughout the discussion, Ms. Forsyth provided additional information and responded to questions from the Board.
Utilities Director Rick Diaz commented that, because of the increasing demand for water, LCU could put additional
wells on any property not needed for road projects. Mr. DeBerry pointed out that the analyses needed to determine
the optimal CR951 alignment should be complete in time to allow the recommendation to come before the Board in
August, before the 90-day closing deadline; mentioned that he had received no information from the 951 Council on
proposed alignments; and suggested that the information should be made available for public review as quickly as
possible. Additional Board discussion ensued regarding the need to avoid the perception that the alignment decision
had already been made and the advantages of acquiring the property at such a low price. After Mr. Diaz iterated that
LCU would be willing to use any part or the entire parcel for additional water wells, Commissioner Judah moved
approval, with the understanding that disclosure of the final CR951 alignment would be set for public hearing in
August, seconded by Commissioner Hall. After County Attorney David M. Owen confirmed that the Board had the
right to add the condition, the motion was called and carried.
(b)
ACTION REQUESTED/PURPOSE:
Authorize the Division of County Lands to make a binding offer to the property owner, Dwight S.
Baird, Trustee, in the amount of $255,000.00, for Parcels 92 and 93, STRAP Nos. 33-45-24-00-
00006.0020 and 33-45-24-00-00006.002A, for Gladiolus Drive Widening, Project No. 4083, pursuant
to the Purchase Agreement; and authorize the Division of County Lands to handle all documentation
necessary to complete the transaction.
WHAT ACTION ACCOMPLISHES:
Authorizes a binding offer to the property owner.
MANAGEMENT RECOMMENDATION:
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Management recommends Board approve the Action Requested. (
#20050610-County Lands)
Commissioner Janes moved approval, seconded by Commissioner Hall, called and carried.
(c)
ACTION REQUESTED/PURPOSE:
Accept a
Quit-Claim Deed,
from Ventas Realty, for 16 square feet, STRAP No. 15-45-24-00-
00101.0000, required for the equipment installation of the College Parkway and Riverwalk Park Traffic
Signalization; and authorize the Division of County Lands to handle and accept all documentation
necessary.
WHAT ACTION ACCOMPLISHES:
Allows the County to proceed with the project.
MANAGEMENT RECOMMENDATION:
Management recommends Board approve the Action Requested. (
#20050630-
County Lands)
Commissioner Janes moved approval, seconded by Commissioner Hall, called and carried.
(d)
ACTION REQUESTED/PURPOSE:
Approve the
Interlocal Agreement,
completing professional transportation planning and project processes.
WHAT ACTION ACCOMPLISHES:
planning activities, utilizing contacts negotiated by the MPO. The agreement provides for payment for
MANAGEMENT RECOMMENDATION:
Approve the Interlocal Agreement. (
#20050641-
Transit)
Commissioner Janes moved approval, seconded by Commissioner Hall, called and carried.
(e)
ACTION REQUESTED/PURPOSE:
Approve changes to the health/dental plan for calendar year 2006.
Health Plan:
Co-pays for mail order 3-month supply of prescription drugs would be $0.00 for generic
medication, $40.00 for brand name, and $70.00 for non-formulary prescriptions (currently
$10.00/$20.00/$35.00).
Employee premiums for health coverage would remain unchanged, and the BOCC share would
increase by 10%.
Dental Plan:
Maximum annual benefit per individual would be $1,500.00 (currently $1,000.00). This does
not include orthodontics, which has a separate maximum and remains unchanged.
Employee premiums would be $5.00 for employee only coverage, and $40.00 for family.
BOCC share would be $33.00 for employee or employee plus family.
WHAT ACTION ACCOMPLISHES:
Reflects estimated plan costs for 2006, encourages mail order generic prescriptions, adopts standard
practice of two co-pays for three month's supply of a prescription, and adopts some of the
recommendations of the Employee Benefits Committee and benefit consultant.
MANAGEMENT RECOMMENDATION:
Approve. (
#20050646-
Human Resources)
Commissioner Janes moved approval, seconded by Commissioner Hall, called and carried.
7. PUBLIC SAFETY
(a)
ACTION REQUESTED/PURPOSE:
Approve, and authorize the Chairman to execute, an
Agreement
concerning the Use of Real Estate or
Church, for a period of five (5) years.
WHAT ACTION ACCOMPLISHES:
for emergency relief and recovery efforts.
MANAGEMENT RECOMMENDATION:
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Staff recommends approval. (
#20050652-
Emergency Management)
Commissioner Janes moved approval, seconded by Commissioner Hall, called and carried.
8. SOLID WASTE-NATURAL RESOURCES
(a)
ACTION REQUESTED/PURPOSE:
, a
Babcock Power Inc. Company, for the supply and erection of a furnace/boiler, including erection of the
$26,947,902.00, all in accordance with RFP B&R 2661-SM101B.
WHAT ACTION ACCOMPLISHES:
Provides the necessary furnace/boiler for the WTE Expansion Project.
MANAGEMENT RECOMMENDATION:
Staff recommends approval of Action Requested. (
#20050650-
Solid Waste)
Commissioner Janes moved approval, seconded by Commissioner Hall, called and carried.
(b)
ACTION REQUESTED/PURPOSE:
budget amendment, in the amount of $100,000.00, for unanticipated revenues for Surface Water
Management Plan Project, Project No. 200983; and amend the FY04/05-08/09 Capital Improvements
Program (CIP) accordingly.
WHAT ACTION ACCOMPLISHES:
Provides funds for water quality research and analyses to measure the pollutant load reduction
effectiveness of various Best Management Practices commonly used in this area.
MANAGEMENT RECOMMENDATION:
Approve. (
#20050675-
Natural Resources)
Commissioner Janes moved approval, seconded by Commissioner Hall, called and carried.
RESOLUTION NO. 05-05-26
9. TRANSPORTATION
(a)
ACTION REQUESTED/PURPOSE:
Approve the award of Formal Quotation No. Q-040487, the Annual Purchase of Traffic Cable and
Installation, for DOT, to the qualified and low quoter meeting specifications, Fiber Solutions, at the
prices listed on the
tabulation sheet.
The annual expenditure is anticipated to be approximately
$150,000.00. This quote shall be in effect for one year. Permission is also requested to exercise the
price escalator clause, as per the specifications, on an as-needed basis. Funding will be made available
by the individual department or division, who will be responsible for monitoring their individual
expenditures.
WHAT ACTION ACCOMPLISHES:
Allows DOT to have cable installed and repaired on an as-needed basis, using a qualified and
dependable vendor.
MANAGEMENT RECOMMENDATION:
Award as recommended. Purchasing to re-bid in one year. (
#20050496-
Transportation)
Commissioner Janes moved approval, seconded by Commissioner Hall, called and carried.
(b)
ACTION REQUESTED/PURPOSE:
Award a
Professional Services Agreement
for CN-05-04, Six Mile Cypress Four Lane Widening -
North of Daniels to South of Winkler Extension, to Johnson Engineering, Inc., for a one year period.
Authorize the Chairman to execute the agreement in the not-to-exceed amount of $1,111,982.00. This
project was anticipated, and funds are available within the Capital Improvements Program (CIP).
WHAT ACTION ACCOMPLISHES:
Provides the County with a consultant to design and permit the four-lane widening of Six Mile Cypress
Parkway from North of Daniels Parkway to South of Winkler Extension.
MANAGEMENT RECOMMENDATION:
Staff recommends approval. (
#20050622-
Transportation)
Commissioner Janes moved approval, seconded by Commissioner Hall, called and carried.
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(c)
ACTION REQUESTED/PURPOSE:
Award a Construction Management (CM)
Agreement
under RFQ-01-04, County-Wide Continuing
Kraft, Inc., for the Guaranteed Maximum Price (GMP) of $982,992.00, including the CM fee of
$64,308.00. Approve waiving of the formal process, if needed; and authorize the use of direct material
purchase directly from suppliers of equipment and/or materials as a cost/time saving measure.
WHAT ACTION ACCOMPLISHES:
Provides the County with a Construction Manager for the installation of pole structures along Treeline
Avenue.
MANAGEMENT RECOMMENDATION:
Staff recommends approval. (
#20050644-
Transportation)
Commissioner Janes moved approval, seconded by Commissioner Hall, called and carried.
10. UTILITIES
(a)
ACTION REQUESTED/PURPOSE:
Approve
Change Order No. 3
for Contract No. 2872, Westwind Contracting, Inc., under B-04-31,
Bayshore Road (SR78) - Slater Road to I-75, in the amount of $76,840.00, to relocate steel casing and
to open-cut Samville Road to the north to complete tie-in to the existing 24-inch water main. This
project was in the Capital Improvements Program (CIP), and funds are available within the budget.
WHAT ACTION ACCOMPLISHES:
Provides funding and formal approval for corrective activities needed for unforeseen situations and to
improve constructability.
MANAGEMENT RECOMMENDATION
:
Staff recommends approval. (
#20050613-
Utilities)
Commissioner Janes moved approval, seconded by Commissioner Hall, called and carried.
11. PARKS AND RECREATION
No requests received.
12. COUNTY ATTORNEY
(a)
ACTION REQUESTED/PURPOSE:
Approve an
, granting permission for
WHAT ACTION ACCOMPLISHES:
Authorizes the inclusion of County-owned property in an application to rezone property to Commercial
MANAGEMENT RECOMMENDATION:
Approve. (
#20050645-
County Attorney)
Commissioner Janes moved approval, seconded by Commissioner Hall, called and carried.
(b)
ACTION REQUESTED/PURPOSE:
and 34, to public hearing in the Commission Chambers, as follows:
Local Planning Agency (LPA)
First BOCC Public Hearing
Second BOCC Public Hearing
June 27, 2005
June 14, 2005 at 5:05 p.m.;
June 28, 2005 at 5:05 p.m.
WHAT ACTION ACCOMPLISHES:
Two public hearings are required to amend the LDC.
MANAGEMENT RECOMMENDATION:
Approve. (
#20050671-
County Attorney)
PULLED FOR DISCUSSION
Commissioner Judah expressed his concern that the proposed revisions eliminated the requirement for landscape
architects on small industrial projects, emphasized the County's efforts to enhance development through the LDC
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buffer and landscape provisions, and requested that staff re-write that section of the amendments. Assistant County
Attorney Dawn E. Lehnert stated that Environmental Sciences Manager Rick Joyce would review the section, and
mentioned that the landscape architect requirement had been replaced with a requirement for 100% native vegetation.
She explained that changes could be made within the context of the regulations, as long as the subject appeared in the
title block. Commissioner Judah moved approval, seconded by Commissioner Albion, called and carried.
(c)
ACTION REQUESTED/PURPOSE:
Authorize granting of a
Revocable License, to Stolle Properties, Inc.
, granting the right to cross County
property.
WHAT ACTION ACCOMPLISHES:
The license grants permission to cross a 125-foot wide strip of County property, to a property owner
who owns land abutting the County's property to the north and to the south, on a temporary basis.
MANAGEMENT RECOMMENDATION:
County Attorney and DOT staff recommend approval of the license agreement.
(
#20050676-
County Attorney)
Commissioner Janes moved approval, seconded by Commissioner Hall, called and carried.
13. HEARING EXAMINER
No requests received.
14. PORT AUTHORITY
No requests received.
15. CONSTITUTIONAL OFFICERS
(a)
ACTION REQUESTED/PURPOSE:
Approve
disbursements.
WHAT ACTION ACCOMPLISHES:
Florida Statute Chapter 136.06(1) requires that all County disbursements be recorded in the Minutes of
the Board. Compliance with the requirements of FS 136.06(1).
MANAGEMENT RECOMMENDATION:
Approve. (
#20050642-
Clerk of Courts)
Commissioner Janes moved approval, seconded by Commissioner Hall, called and carried.
(b)
ACTION REQUESTED/PURPOSE
:
Accept the annual
(FAR).
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Approve. (
#20050651-
Clerk of Courts)
Commissioner Janes moved approval, seconded by Commissioner Hall, called and carried.
(c)
ACTION REQUESTED/PURPOSE:
Approve payment of
Delinquent Tax overbid
Inc., in the amount of $6,942.86, for Tax Deed No. 2002-003622. Pursuant to Florida Statute 197, the
Board is to hold unclaimed overbid funds from Delinquent Tax sales for a period of two years on
behalf of the original landowner.
WHAT ACTION ACCOMPLISHES:
The Clerk has received a verified claim of these funds, and requests that the Board release them to the
claimant.
MANAGEMENT RECOMMENDATION:
Approve. (
#20050680-
Clerk of Courts)
Commissioner Janes moved approval, seconded by Commissioner Hall, called and carried.
(d)
ACTION REQUESTED/PURPOSE:
Approve payment of
Delinquent Tax overbid
Inc., in the amount of $1,535.66, for Tax Deed No. 2002-001153. Pursuant to Florida Statute 197, the
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Board is to hold unclaimed overbid funds from Delinquent Tax sales for a period of two years on
behalf of the original landowner.
WHAT ACTION ACCOMPLISHES:
The Clerk has received a verified claim of these funds, and requests that the Board release them to the
claimant.
MANAGEMENT RECOMMENDATION:
Approve. (
#20050681-
Clerk of Courts)
Commissioner Janes moved approval, seconded by Commissioner Hall, called and carried.
(e)
ACTION REQUESTED/PURPOSE:
Approve payment of
Delinquent Tax overbid
money to the claimant, Florida Refund Associates, Inc.,
in the amount of $9,928.40, for Tax Deed No. 2003-003875. Pursuant to Florida Statute 197, the
Board is to hold unclaimed overbid funds from Delinquent Tax sales for a period of two years on
behalf of the original landowner.
WHAT ACTION ACCOMPLISHES:
The Clerk has received a verified claim of these funds, and requests that the Board release them to the
claimant.
MANAGEMENT RECOMMENDATION:
Approve. (
#20050682-
Clerk of Courts)
Commissioner Janes moved approval, seconded by Commissioner Hall, called and carried.
(f)
ACTION REQUESTED/PURPOSE:
Approve payment of
Delinquent Tax overbid
money to the claimant, Ludo Pinte, in the amount of
$1,364.39, for Tax Deed No. 2002-002109. Pursuant to Florida Statute 197, the Board is to hold
unclaimed overbid funds from Delinquent Tax sales for a period of two years on behalf of the original
landowner.
WHAT ACTION ACCOMPLISHES:
The Clerk has received a verified claim of these funds, and requests that the Board release them to the
claimant.
MANAGEMENT RECOMMENDATION:
Approve. (
#20050683-
Clerk of Courts)
Commissioner Janes moved approval, seconded by Commissioner Hall, called and carried.
ADMINISTRATIVE AGENDA
1. COUNTY ADMINISTRATION
(a)
ACTION REQUESTED/PURPOSE:
Authorize the Chairman or Vice Chairman to sign a resolution for the authorization, execution, and
delivery of a Bond Purchase Agreement that meets certain specific criteria, in connection with the
Transportation Facilities Revenue Bonds, Series 2005B (Sanibel Causeway)
. Authorize other
approvals as necessary contained in the resolution. Allows greater flexibility in marketing the
Transportation Facilities Revenue Bonds, Series 2005B. (Sanibel Causeway).
WHAT ACTION ACCOMPLISHES:
Allows the Bond Purchase Agreement to be signed, if the bonds are sold, without reconvening the
Board of County Commissioners.
MANAGEMENT RECOMMENDATION:
Approve the Delegating Resolution for the Transportation Facilities Revenue Bonds, Series 2005B.
(
#20050590-
Budget Services)
Commissioner Janes moved approval, seconded by Commissioner Hall, called and carried.
RESOLUTION NO. 05-05-27
2. CONSTRUCTION AND DESIGN
No requests received.
3. COUNTY COMMISSIONERS
No requests received.
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4. COMMUNITY DEVELOPMENT
No requests received.
5. HUMAN SERVICES
No requests received.
6. INDEPENDENT
No requests received.
7. PUBLIC SAFETY
No requests received.
8. SOLID WASTE-NATURAL RESOURCES
(a)
ACTION REQUESTED/PURPOSE:
proceed with the design of the recommended drainage improvements within the existing right-of-way
along Burnt Store Road. Approve
Change Order No. 3
of $146,771.00. This project was in the Capital Improvements Program (CIP), and funds are available
within the budget.
WHAT ACTION ACCOMPLISHES:
Waiver of Ordinance No. 92-22 requires an affirmative vote of four (4) commissioners. The Change
improvements within the existing right-of-way along Burnt Store Road.
MANAGEMENT RECOMMENDATION
:
Staff recommends approval of the waiver and change order. (
#20050611-
Natural Resources)
Commissioner Hall moved approval, seconded by Commissioner Janes, called and carried.
9. TRANSPORTATION
No requests received.
10. UTILITIES
No requests received.
11. PARKS AND RECREATION
No requests received.
12. COUNTY ATTORNEY
(a)
ACTION REQUESTED/PURPOSE:
Approve the Amended Resolution of Necessity for the acquisition and condemnation of Parcel 240,
within the Brooks Subdivision, Project No. 4043.
WHAT ACTION ACCOMPLISHES:
Allows the County to proceed with condemnation, if necessary, so the parcel can be acquired for the
Subdivision, Project No. 4043.
MANAGEMENT RECOMMENDATION:
Management recommends Board approve the Action Requested. (
#20050643-
County Attorney)
Commissioner Judah moved approval, seconded by Commissioner Albion, called and carried.
RESOLUTION NO. 05-05-28
13. HEARING EXAMINER
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No requests received.
14. PORT AUTHORITY
No requests received.
15. CONSTITUTIONAL OFFICERS
No requests received.
APPEALS AGENDA
ACTION REQUESTED/PURPOSE:
Deny appeal of
Administrative Interpretation No. MUD2001-00097,
WHAT ACTION ACCOMPLISHES:
Provides the property owner with an opportunity to appeal the denial of a favorable administrative
interpretation of the single-family residence provisions.
MANAGEMENT RECOMMENDATION:
Uphold the determination that the property owner is not entitled to construct one single-family
(
#20050598-
County Attorney)
Assistant County Attorney Dawn E. Lehnert described the three legal methods by which a parcel could be created, and
noted that the subject parcel was not created in accordance with any of those methods. She then reviewed the
ownership transfer history of the parcel, which consisted of two ±6-acre lots from a 76-acre tract that was legally
separated from a 322-acre tract; and explained that only the 11.53-acre parcel was subject to the minimum use
determination. She added that the parcel did not exist prior to December 1984, that it was not a legally-created
separate tract, that it would not meet Lee Plan density requirements, and that it was not entitled to a favorable single-
family determination under the Lee Plan regulations. Applicant Leonard Martin reviewed the history of his ownership
of the parcel, described attempts to combine and sell the two ±6-acre lots, cited similar neighboring properties and
situations, and requested that the Board allow him to sell the land. Attorney Lehnert pointed out that the Applicant
would not be prevented from developing the 76-acre tract, on which three single-family residences could be built; that
subdivision of that tract would require rezoning or compliance with lot-split regulations; and that either of those
avenues would be more appropriate than the minimum use determination. After commenting that the Comprehensive
Plan procedures regarding lawfully permitted lot splits were very clear, Commissioner Judah moved to support staff's
recommendation, seconded by Commissioner Janes. In response to Commissioner Albion's question, Attorney
Lehnert clarified that, in addition to the options already mentioned, the 76-acre parcel could be platted with no need
for rezoning; and noted that the subject parcel contained environmentally sensitive areas that would preclude
construction of a residence. Commissioner Judah pointed out that the motion was to support the administrative
determination, and the seconder agreed. The motion was called and carried.
COMMISSIONER ITEMS
UPDATE ON 2004 STATE LEGISLATIVE SESSION - Commissioner St. Cerny introduced State
Senator Dave Aronberg, who reported on the recently-concluded legislative session. Senator Aronberg noted success
on behalf of the County in several areas, including additional funding for Florida Gulf Coast University (FGCU) and
the Ruth Cooper Center; the passage of a growth management bill that would help to ensure adequate infrastructure to
accommodate future growth; and creation of the Southwest Florida Transportation Authority to allow the construction
of new lanes for I-75 without waiting for federal funding. He added that some items which did not succeed were the
write-in loophole legislation, a bill to reverse the cost-shift from the Department of Juvenile Justice (DJJ) for expenses
related to pre-trial detention of juveniles, and negotiations for the purchase of the Babcock Ranch. Senator Aronberg
described approved legislation, requested by a Lee County resident and sponsored in the House by Representative Jeff
Kottkamp, which would allow parents to protect their minor children from sexual involvement with older individuals.
He commended State Senator Rod Smith, Alachua County, for his efforts on Article V issues and his assistance
against the DJJ cost transfers. Commissioner Judah expressed appreciation for the Senator's understanding of the
County's concerns; and asked why the state had been silent on federal legislation regarding off-shore oil exploration
and the manufacturers of the toxic gasoline additive Methyl Tertiary Butyl Ether (MTBE). Senator Aronberg pointed
out the long-standing opposition of the governor and legislature to off-shore drilling; and explained that, because the
60-day state legislative session was so limited, no time was taken to consider pending federal legislation. The
CONSERVATION 2020 LAND EXCHANGES - Referring to the clearing and filling of mangrove
areas to provide access for the Lucaya development, Commissioner Judah stated that the developer had previously
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offered to exchange the environmentally sensitive property for pasture land outside the Cow Slough that was still
owned by Conservation 2020. He pointed out that the Conservation Land Acquisition and Stewardship Advisory
Committee (CLASAC) had rejected the offer, which was not brought to the Board for consideration; and suggested
the need for a procedure that would allow the Board to consider such proposals in the future so that environmentally
important properties would not be lost. County Lands Director Karen L. Forsyth stated that CLASAC would have
carefully considered all aspects of the offer to determine whether the exchange would be in the County's best interest.
Commissioner Hall suggested that consideration of CLASAC disapprovals could be added to the Board agenda for
consideration along with their recommended approvals. Following brief Board discussion, there was consensus to
schedule the issue for discussion at a Management and Planning Meeting.
PORT AUTHORITY ISSUE - Commissioner Judah noted that he would be unable to attend the Port
Authority meeting that had been re-scheduled to June 27, 2005, at which taxi cab service contracts would be
considered; and requested a change in the date for consideration of that item. The Chairman agreed to contact Port
Authority staff to determine whether the issue was date sensitive, and to re-schedule it if possible.
MEDIAN LANDSCAPING NEEDS - Commissioner Judah reported that funds had been budgeted in
the 1990s for median landscaping along Winkler Road between College Parkway and Cypress Lake Drive, noted that
the landscaping had been removed from the budget and never completed, and suggested that core level landscaping
would help to address the concerns of area residents. After adding that median landscaping along Hancock Bridge
Parkway, which had been removed for construction or destroyed by hurricanes, had not been replaced, he requested
Board reconsideration of funding for the two projects. Commissioner St. Cerny commented that the issue could be
brought up at the June Capital Improvements Program (CIP) budget discussions; and Commissioner Albion opined
that adding the projects to the CIP would circumvent the process of receiving priority recommendations from the
Roadway Landscape Advisory Committee (RLAC). Following a brief discussion between Commissioners Judah and
Albion, it was agreed that funding for the projects would be considered as part of the CIP.
ILLEGAL DUMPING IN HURRICANE PASS - Commissioner Judah reported that the mooring plan
in Fort Myers Beach provided pump-out, laundry, and other facilities for "live-aboard" boaters. He added that some
boaters were moving to Hurricane Pass, many without proper navigational lighting; and that some were illegally
dumping sewage into the water. He requested Board direction to staff to investigate possible solutions to the problem,
including collaborative efforts with regulatory agencies. Commissioner Albion commented that it would be
inconsistent for the County to complain about releases from Lake Okeechobee and not deal with problems occurring
in the County, and suggested that funds may be needed to develop the science that may be required in a court of law.
ROAD CONSTRUCTION NEAR PACKING HOUSE ROAD - Commissioner Albion reported that
citizens of Alva were concerned about unanticipated changes in the use of some property, because the new road would
split the property instead of going around it. He requested that staff brief the Commissioners on the issue and be
prepared to answer questions when the citizens appeared to speak at the 5:05 p.m. public comment period.
Hamel had been named State Paramedic of the Year in Florida, and requested that the Board be provided with the
opportunity to provide appropriate recognition to Mr. Hamel for his accomplishment. He added that employees who
received such honors were excellent role models and demonstrated the high caliber of County employees.
Kevin Butler, currently stationed in Georgia, had been awarded the Bronze Star; requested an opportunity for the
Board to recognize his heroism; and noted that his daughter should be made aware that his actions were appreciated.
motion that, if legally permissible, flags at all County facilities would be flown at half-mast on Friday, May 27, 2005,
to honor all Lee County residents who had given their lives in defense of the country, including the three servicemen
honored by resolutions earlier in the meeting, seconded by Commissioner Judah. After Commissioner St. Cerny noted
that the County Attorney's Office would research possible legal issues, the motion was called and carried.
MEDICAID REFORM COMMITTEE - Referring to his
memorandum to the Board
dated May 24,
2005 (copy is on file in the Minutes Office), Commissioner Janes reported that the National Association of Counties
(NACo) had worked with a number of organizations on Medicaid reform; that there had been insufficient support to
produce significant reform; and that Congress had passed a resolution creating a Bipartisan Medicaid Commission.
He added that NACo felt that counties should be represented on the Commission; and requested Board authorization
for the Chairman to sign a letter to the Department of Health and Human Services, indicating support for NACo's
position, and asking that consideration be given to appointment of Commissioner Janes as a county representative on
the Commission. Commissioner Hall so moved, seconded by Commissioner Judah, called and carried.
BOOK - 2005R - B.O.C.C.-----------------------------------
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News-Press
of
"Turkey Projects", which were recommended by the Tax Watch Committee for veto by the governor; and asserted that
the vegetation restoration project along Periwinkle Avenue, for which the City of Sanibel had requested $900,000.00,
was essential for the County's tourist-based economy. He added that two other important projects that should not be
labeled as "turkeys" were the Program of All-Inclusive Care for the Elderly (PACE), and the Children's Community
Action Team; and moved that a letter be sent to Governor Bush indicating the Board's support for approval of these
important projects. Commissioner Judah seconded the motion, and suggested that a letter also be sent to the Tax
Watch Committee asking them to focus on the myriad sales tax exemptions. The motion was called and carried.
received a telephone call, from South Florida Water Management District (SFWMD) Public Information Manager
Joann Hyres, acknowledging the receipt of two letters sent by the Board earlier this month. Ms. Hyres had indicated
that a response to the letter regarding the reappointment of Smart Growth Task Force Executive Director Wayne
Daltry to the Water Resources Advisory Board would be received within a few days; and that a response to the letter
regarding the County's concerns about Everglades Restoration and other issues would take a little longer.
COMMITTEE APPOINTMENTS
,
seconded by Commissioner Albion, called and carried.
IMPROVEMENT DISTRICT ADVISORY COMMITTEE
, seconded by Commissioner Janes, called and carried.
Commissioner Hall moved to appoint Daniel Baggot to the
AIRPORTS SPECIAL MANAGEMENT
COMMITTEE
, seconded by Commissioner Janes, called and carried.
COUNTY MANAGER ITEMS
have the opportunity to purchase Sanibel Causeway bonds, in $5,000.00 increments with different maturity dates;
suggested that interested persons could contact Fiscal Research Director Jim Lewin at the County Administrative
Offices or local brokers; and noted that a press release had been distributed.
COUNTY ATTORNEY ITEMS
The Chairman recessed the meeting until 5:00 p.m. The Chairman called the meeting back to order at 5:00 p.m. with
all Commissioners present with the exception of Commissioner Janes, who was attending a conference and
organizational meeting as Chair of the National Association of Counties (NACo) Health Steering Committee; and
Commissioner Albion, who arrived at 5:08 p.m.
5:00 P.M. AGENDA ITEM -
Public Hearing
(1)
ACTION REQUESTED/PURPOSE:
Karas Venuse, to vacate a twelve-foot wide public utility easement, centered on the common lot line
between Lots 18 and 19, Block 39, Unit 10, Lehigh Acres, as recorded in Plat Book 15, Page 44,
Official Public Records of Lee County, Florida, less and except the easterly six feet and the westerly
six feet thereof. The site is located at 711 and 713 Poinsettia Avenue.
WHAT ACTION ACCOMPLISHES:
Allows the petitioner to build a single-family residence on the combined lots. The vacation of this
easement will not alter existing drainage and utility conditions, and the easement is not necessary to
accommodate any future utility requirements. There are no objections to this Petition to Vacate.
MANAGEMENT RECOMMENDATION:
Approve. (S29-T44S-R27E) (District #5) (
#20050588-
Development Services)
TO BE DEFERRED
BOOK - 2005R - B.O.C.C.-----------------------------------
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5:00 P.M. AGENDA ITEM -
Public Hearing
(2)
ACTION REQUESTED/PURPOSE:
Adopt a resolution on Petition to Vacate No. VAC2005-00010, submitted by Heidt & Associates, Inc.,
as the agent for Daniels Preserve Community Developers, Inc., to vacate a twenty-foot wide platted
drainage easement, centered on the common lot line between Lots 8 and 9, Daniels Preserve, as
WHAT ACTION ACCOMPLISHES:
To provide for development of two residential lots. The existing drainage pipe and structure within the
easement have been relocated to the northeast corner of the development, and a replacement drainage
easement has been provided for these facilities. The vacation of this easement will not alter existing
drainage conditions, and the easement is not necessary to accommodate any future drainage
requirements. There are no objections to this Petition to Vacate.
MANAGEMENT RECOMMENDATION:
Approve. (S18-T45S-R26E) (District #2) (
#20050589-
Development Services)
TO BE DEFERRED
5:00 P.M. Agenda Items (1) and (2) should be deferred to the Regular Meeting of June 14, 2005. Commissioner Janes
so moved, seconded by Commissioner Hall, called and carried.
5:00 P.M. AGENDA ITEM -
Public Hearing
(3)
ACTION REQUESTED/PURPOSE:
Approve a final resolution, ratifying the completion of the construction of median landscaping, for the
WHAT ACTION ACCOMPLISHES:
Allows staff to initiate assessments to the property owners for repayment of the loan.
MANAGEMENT RECOMMENDATION:
Approve. (
#20050399-
MSTBU Services)
Affidavit of Publication
for
this item; and briefly described the request. Commissioner Judah moved approval, seconded by Commissioner Hall.
The Chairman called for public input; however, no one came forward. The motion was called and carried with
Commissioners Albion and Janes absent.
RESOLUTION NO. 05-05-29
5:00 P.M. AGENDA ITEM -
Public Hearing
(4)
ACTION REQUESTED/PURPOSE:
Ordinance.
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATIONS:
Staff recommends approval. (
#20050270-
County Attorney)
Affidavits of Publication
for
this item; and briefly described the request. The Chairman called for public input; however, no one came forward.
Commissioner Judah commended Utilities Director Rick Diaz, Attorney Coovert, and staff for their work; emphasized
the importance of water conservation efforts; and questioned the proposed reduction in the hours during which
irrigation was prohibited. Mr. Diaz reported that, following discussions with the Commissioners, the following
changes to the proposed ordinance had been suggested:
Retain the current hours of prohibition on irrigation - 9:00 a.m. to 5:00 p.m.
Allow irrigation on only 2 days instead of on 3 days per week.
Exempt low-volume devices such as drip irrigation to promote the use of such devices.
Exempt agricultural uses if, and only if, the irrigation utilizes 100% reclaimed water.
Commissioner Judah pointed out that the two days per week was consistent with the policies of the City of Cape
Coral, and that the exemption of low-volume devices was consistent with instructions given by staff of the Mobile
Irrigation Unit. Mr. Diaz stated that additional investigation was needed to determine whether the County could
legally grant the limited agricultural exemption, and suggested that staff could return to the Board on June 14, 2005
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with an ordinance that would not require immediate amendment. AT THIS TIME, COMMISSIONER ALBION
encouraged at County and School District athletic fields, Commissioner Albion remarked that the Board should
consider what was really necessary to maintain residents' yards. Mr. Diaz mentioned that Community Development
and LCU staff would work together to enforce the ordinance, with an emphasis on educating the public to use less
water; emphasized that the reduction in the water table had necessitated the use of deeper aquifers; and pointed out
that hand-held devices could be used at any time in special areas needing more than 2 days of irrigation.
Commissioner Judah moved to defer the item, with possible modifications as discussed, to June 14, 2005, at 5:00 p.m.,
seconded by Commissioner Hall, called and carried with Commissioner Janes absent.
5:05 P.M. AGENDA ITEM -
Public Hearing
(1)
ACTION REQUESTED/PURPOSE:
Conduct the second public hearing on proposed amendments to the Land Development Code (LDC)
pertaining to Regional Parks and Community Parks impact fees.
WHAT ACTION ACCOMPLISHES:
Provides for public input and Board discussion.
MANAGEMENT RECOMMENDATION:
Adopt the ordinance. (
#20050656-
County Attorney)
Affidavit of
Publication
changes in the report since the first public hearing had resulted in a slight reduction of the single family fees, from
$1,513.00 to $1,479.00, with similar reductions in the other categories. She added that staff had addressed the
concerns of the Lee Building Industry Association (BIA), including those mentioned in the most recent
letter from
BIA
(copy is on file in the Minutes Office); and that the Local Planning Agency (LPA) had found the impact fees to
be consistent with the Comprehensive Plan. Referring to the Board's question regarding the use of impact fee interest
to offset impact fee costs for affordable housing, Ms. Gibbs noted that the interest from parks impact fees could be
used to offset parks impact fees within the specific parks district. She added that staff did not recommend such a use,
because it would reduce funds available for projects already budgeted in the CIP; and pointed out that the Board had
made commitments to affordable housing, including the allocation of $1 million for the Affordable Land Trust. The
Chairman called for public input and the following concerned citizen came forward:
Estero resident
opined that the increases could have been much larger due to
increased costs; and suggested a work-force housing impact fee on new
construction, along with impact fees for libraries and prisons.
Commissioner Albion remarked that Board discussion about the use of impact fee interest should be handled as a
separate item. Commissioner Judah moved approval of the ordinance as presented, seconded by Commissioner
Albion, called and carried with Commissioner Janes absent. The Ordinance adopted by the Board and filed was
COUNTY ORDINANCE NO. 05-07,
ENTITLED:
AMOUNT (§2-306); AMENDING DIVISION 4 (COMMUNITY PARKS IMPACT FEE);
348; AND
AMENDING APPENDIX L - COMMUNITY PARK IMPACT FEE BENEFIT DISTRICT
DESCRIPTIONS;
SCRIVENER'S ERRORS AND AN EFFECTIVE DATE.
5:05 P.M. AGENDA ITEM -
Public Hearing
(2)
ACTION REQUESTED/PURPOSE:
provide additional permitted uses within the Airport Operations Plan Development (AOPD) District,
after conducting the second public hearing.
WHAT ACTION ACCOMPLISHES:
Amends the LDC to provide additional development opportunities on Airport property, consistent with
MANAGEMENT RECOMMENDATION:
Adopt the proposed ordinance. (
#20050661-
County Attorney)
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Affidavit of
Publication
request, and noted that the amendment dealt primarily with uses permitted in the non-aviation areas. After mentioning
the concerns expressed by the Board at the first public hearing, regarding convenience stores and dewatering
activities, Attorney Lehnert reviewed staff's recommendations for addressing those concerns, as shown in her
memorandum to the Board
dated May 12, 2005 (copy is on file in the Minutes Office).
1. An additional note would be placed on the convenience food and beverage store use to indicate that
there would be only one located at Southwest Florida International Airport (SWFIA), at a particular
requirements of 3,500 square feet and 12 pumps.
2. Staff had considered an additional note on provisions for water retention excavation, and had
concluded that adoption of the note would prevent the airport from achieving the rehabilitation of
runway 6/24.
Commissioner Judah commended Attorney Lehnert, Port Authority Executive Director Robert M. Ball, and staff for
addressing his concerns regarding subsidence; noted that Mr. Ball had commissioned a study to determine the ultimate
impacts of dewatering; and recommended that the Board approve the addition of the limitation on the convenience
food and beverage store. Commissioner Albion moved approval of the staff and airport recommendations, seconded
by Commissioner Hall. In response to Commissioner Judah's question, Attorney Lehnert clarified that the approval
should include a note that would read: "Note (40) Only one convenience food and beverage store, as identified in Lee
Plan Table 5, is permitted at SWFIA; this store must be located within the Airport Lands boundary, adjacent to the
airport entrance road and near or adjacent to the terminal parking and rental car facilities." After Commissioner
Albion clarified his intent that the note be included in the motion, the Chairman called for public input; however, no
one came forward. The motion was called and carried with Commissioner Janes absent. The Ordinance adopted by
the Board and filed was
ENTITLED:
CHAPTER 34, ARTICLE VI, DIVISION 9, PERTAINING TO THE AIRPORT
OPERATIONS PLANNED DEVELOPMENT (AOPD) DISTRICT (§34-934) TO ADD
ADDITIONAL USES THAT MAY BE CONDUCTED ON PROPERTY DESIGNATED
SEVERABILITY, CODIFICATION, SCRIVENER'S ERRORS AND AN EFFECTIVE
DATE.
5:05 P.M. AGENDA ITEM
(3) Public Presentation of Matters by Citizens
Island Club resident
mentioned a problem involving additions built by some residents on
property that did not belong to them, noted that the County had agreed to help
abate the violations by facilitating a re-platting of the community, asserted that
most residents were not asked for input, asked whether the County had the
authority to deprive owners of their real property rights, and pointed out that
property owners who had done nothing wrong would be forced to pay a portion
of the costs for the solution.
Commissioner St. Cerny suggested that Mr. Bishop contact County Attorney David M. Owen to review his concerns,
and noted that any recommendations from that meeting would be brought by Attorney Owen to the Board.
The following Alva residents offered comments and suggestions regarding the construction of the
intersection at SR80 and Packing House Road in Alva:
Among the concerns expressed by Mr. Dove, Ms. Gillim, and Mr. Super were: construction of the intersection
through the middle of the Alva Wayside Park instead of around the park as original plans had indicated, the fact that
no residents recalled having seen the final revised plans, the safety concerns if the park were to be divided by the
roadway, the limited vehicle "stacking" space for traffic waiting to enter SR80, and the need for a temporary
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construction moratorium to allow the ALVA Inc. Transportation Committee to discuss the issue at a meeting on May
25 and work with the County toward a solution. Mr. Taylor explained that traffic could not go straight across SR80
from Broadway unless the road went through the park, mentioned that the existing intersection was extremely
dangerous, and indicated his willingness to work with DOT and the residents toward a solution. In response to
Commissioner Albion's question, Division of Transportation Director Scott M. Gilbertson explained that the original
County DOT design placed the road along the southern and eastern boundaries of the park; that no negative comments
were received when the current design was presented at a public workshop conducted by the Florida Department of
Transportation (FDOT) in January 2003; that a number of large trees on the site had been preserved in the current
design, which was under contract between FDOT and the design/build firm; and that it was unclear whether the
County would be able to intervene. After DOT Engineer Don DeBerry mentioned that FDOT had conducted three
community meetings, Commissioner Albion commented on the fact that small issues were sometimes overlooked at
meetings intended to deal with larger projects; and asked what could be done about the problem. Mr. DeBerry stated
that, because the contract was between FDOT and the contractor, the County was not involved; and Commissioner
Judah asserted that the County could become involved and design a perimeter road to be incorporated into the plan.
After Commissioner Hall suggested that the Board delay any action until after the May 25 meeting of the ALVA Inc.
Transportation Committee, Commissioner Albion pointed out that timing was critical because construction had begun.
Mr. DeBerry mentioned that County staff had been unaware of the scheduled meeting until it was mentioned by Mr.
Dove, and Commissioner Albion asked whether a delay would cause serious problems with the SR80 project. Pitman-
Hartenstein and Associates Project Manager Dave Craig reported that the FDOT wished to have the project completed
as quickly as possible, emphasized that any changes must be made immediately, and suggested that the County should
contact FDOT. Following brief Board discussion, Commissioner Albion suggested that FDOT be asked to delay work
on the project for a week to allow time for discussions and to send a representative to the May 25 meeting; and that a
report be made to the Board under Commissioner Items at the May 31 Regular Meeting. There was Board consensus
that Commissioner Albion would contact FDOT staff to discuss the Board's concerns and determine what options
were available. Mr. Craig mentioned that, in April 2002, preliminary plans in the bid documents showed the road
along the rights-of-way on the south and east sides of the park; and that the final plans, as presented at the public
meetings, indicated the road going through the property. Parks and Recreation Director John Yarbrough expressed his
concerns about the future safety hazards of using such a small area as a park.
The Chairman adjourned the meeting at 5:56 p.m.