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BOOK - 2000R - B.O.C.C.------------------------------
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JUNE 13, 2000
The
Regular Meeting
of the
was held this date with the following
Commissioners present:
The Chairman called the meeting to order at 9:30 a.m. The Invocation was given by Reverend Archie
Buie, First United Methodist Church, followed by the Pledge of Allegiance to the Flag.
ANNOUNCEMENTS
Referring to the Agenda Revision
Recap Sheet
dated June 13, 2000, the Chairman announced that:
Consent Agenda Item C7(b) is to be deferred because there are issues that need to be resolved by the
consultant. Commissioner Manning so moved, seconded by Commissioner Coy, called and carried.
For Consent Agenda Item C8(a), the amount in the "Action Requested" section should be changed to
read "$244,276.00" instead of "$200,823.00".
Three Walk-On Items will be heard after consideration of the Consent and Administrative Agenda.
Revision #1 of the Agenda Revision Recap Sheet included the following change, which was not
announced by the Chairman:
For 5:00 p.m. #2, in the Background Section, the second sentence in the second paragraph should read:
"The Stipulation makes clear that Comcast will comply with Lee County Ordinance No. 89-05 and the percentage of
the franchise fee will be 5%."
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (CA) and Administrative (AA)
WO #2 - Roadway Landscape Advisory Committee Chairman
Jake Slot
reported that there is some
concern about the large number of retention ponds, and that funding should be
reserved for retention ponds along those roads that are on the criteria list.
A17(a) and (b) - Randell Research Center Site Archaeologist
described the
environmental, archaeological, and educational potential of the property; and
urged the Board to proceed with the purchase.
A17(a) and (b) -
opined that it would be inappropriate to expend Conservation 2020
funds for a site that contains buildings. She also expressed her concerns about
A17(a) and (b) -
representing the Responsible Growth Management Coalition, asserted
that the purpose of Conservation 2020 was to preserve sensitive lands; suggested
The following are the Consent Agenda items that each Board member wished to have discussed:
Commissioner St. Cerny - None
Commissioner Manning - None
Commissioner Coy - None
Commissioner Judah - None
Commissioner Albion - C2(a)
CONSENT AGENDA
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1. COUNTY MANAGER
No requests received.
2. PLANNING AND CONSTRUCTION
(a)
ACTION REQUESTED:
Approve award of Quotation #Q-000173, Janitorial Service for the Public Safety Building, located at
Management Division), to the low quoter meeting all specification requirements,
Commercial Building
Maintenance,
at a cost of $129,720.00 per year for 3 years, for a total award amount of $389,160.00,
plus increases of the Consumer Price Index (CPI). The term of this contract is for three years, with an
annual increase based on the CPI after the first year. Additionally, approve the use of other
miscellaneous charges as given on the quotation tabulation sheet. Also, request authority to renew this
contract for the additional two-year period, upon mutual agreement of both parties, if in the best interest
WHY ACTION IS NECESSARY:
To establish a formal agreement with a firm to provide janitorial service for the Public Safety Building.
WHAT THE ACTION ACCOMPLISHES:
Establishes a competitive, fair-market price for janitorial services for the Public Safety Building.
(
#20000447-
PULLED FOR DISCUSSION
In response to Commissioner Albion's inquiries, Facilities Management Director Robert L. Reist confirmed that staff
is satisfied that contract requirements will be met. Commissioner Manning moved approval, seconded by
Commissioner Coy, called and carried.
(b)
ACTION REQUESTED:
Approve
Supplemental Task Authorization #25
Design and/or Inspection Services, Contract #105, with Johnson Engineering Inc., for Lee County Ortiz
Government Complex, in the amount of $153,247.50.
WHY ACTION IS NECESSARY:
Pursuant to the Lee County Contract Manual for Professional Services, approved by the Board on April
21, 1993, total project expenditures in excess of $50,000.00 must be approved by the Board.
WHAT THE ACTION ACCOMPLISHES:
Provides the department with a consultant for the following tasks: (1) Conservation Easement
Drawings and Descriptions; (2) Redesign of Water and Sewer Utility Lines; (3) State Lease
Descriptions and Sketches; (4) Permit Modifications Fees; (5) Site Modification Drawing; (6) Site
Observations and (7) Plans, Permit Fees & Construction Observation for Emergency Operations Center
Addition. (
#20000532-
Construction & Design)
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
3. COUNTY COMMISSIONERS
No requests received.
4. COMMUNITY DEVELOPMENT
(a)
ACTION REQUESTED:
Accept Petition #VAC2000-00014 to vacate a Public Utility Easement located between adjacent Lots
10 & 11, Block 16, a subdivision of Lehigh Acres; and adopt a Resolution setting a Public Hearing for
5:00 p.m. on July 11, 2000.
WHY ACTION IS NECESSARY:
To construct a single-family residence on two adjoining lots. The Utility Easement is not necessary to
accommodate any utility requirement.
WHAT THE ACTION ACCOMPLISHES:
Sets the time and date of the Public Hearing.
(S35-T44S-R27E) (District #5) (
#20000493-
Development Services)
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Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
RESOLUTION NO. 00-06-10
5. HUMAN SERVICES
(a)
ACTION REQUESTED:
Approve
WHY ACTION IS NECESSARY:
HUD regulations and County Administrative Code 15-2 require Board approval for significant HUD
CDBG program amendments.
WHAT THE ACTION ACCOMPLISHES:
Facilitates the construction of additional needed infrastructure in the Dunbar Neighborhood.
(
#20000569-
Human Services)
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
6. INDEPENDENT DIVISIONS
No requests received.
7. PUBLIC SERVICE DIVISIONS
(a)
ACTION REQUESTED:
Approve
WHY ACTION IS NECESSARY:
Permits Firefighter/Paramedics employed with this district to ride on EMS units and perform Advanced
Life Support (ALS) skills.
WHAT THE ACTION ACCOMPLISHES:
Provides a method for the Firefighter/Paramedics to enhance their clinical skills in preparation for
implementation of an ALS non-transport fire engine. (
#20000566-
Public Safety)
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
(b)
ACTION REQUESTED:
Authorize Supplemental Task Authorization (STA) No. 27 under CN-97-01, Contract #105, with
the amount of $67,236.00.
WHY ACTION IS NECESSARY:
Board approval is necessary for a Type D STA.
WHAT THE ACTION ACCOMPLISHES:
#20000550-
Parks & Recreation)
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
Consent Agenda Item C7(b) is to be deferred because there are issues that need to be resolved by the consultant.
Commissioner Manning so moved, seconded by Commissioner Coy, called and carried.
8. SOLID WASTE-NATURAL RESOURCES
(a)
ACTION REQUESTED:
Approve Task Assignment No. 4 (3rd full year) of the FDEP Contract GC570, in the amount of
$200,823.00
$244,276.00
WHY ACTION IS NECESSARY:
WHAT THE ACTION ACCOMPLISHES:
Continues the contracted local Pollutant Storage Tank Inspection Program and provides a continued
funding mechanism for the Program. (
#20000552-
Natural Resources)
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
For Consent Agenda Item C8(a), the amount in the "Action Requested" section should be changed to read
"$244,276.00" instead of "$200,823.00".
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Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
9. TRANSPORTATION
(a)
ACTION REQUESTED:
Center Unit Five Subdivision, Plat Book 64, pages 23 and 24.
WHY ACTION IS NECESSARY:
Board action is required to conclude the final step in the Road Maintenance Acceptance Policy,
AC-11-7.
WHAT THE ACTION ACCOMPLISHES:
Provides formal notification to the public that the Department of Transportation is now responsible for
the maintenance of these roads. (
#20000490-
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
(b)
ACTION REQUESTED:
Authorize the Chairman to sign
Supplemental Task Authorization No. 5 to Contract #C-970219,
with
WHY ACTION IS NECESSARY:
by the Board.
WHAT THE ACTION ACCOMPLISHES:
Authorizes the Consultant to perform design work for the project. (
#20000523-
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
10. UTILITIES
(a)
ACTION REQUESTED:
Approve
Supplemental Task Authorization No. 1 to Pitman-Hartenstein & Associates, Inc.
for CN-99-
$71,363.00.
WHY ACTION IS NECESSARY:
Pursuant to the Lee County Contract Manual for Professional Services, approved by the Board on April
21, 1993, Supplemental Task Authorizations in excess of $50,000.00 for a project must be approved by
the Board.
WHAT THE ACTION ACCOMPLISHES:
Furnishes a consultant to provide flow analyses and hydraulic calculation services through hydraulic
#20000526-
Utilities)
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
11. COUNTY ATTORNEY
(a)
ACTION REQUESTED:
Accept an
easement
WHY ACTION IS NECESSARY:
pavement and drainage facilities.
WHAT THE ACTION ACCOMPLISHES:
Clears title to the Piper property and establishes ownership in Lee County as to facilities constructed
and maintained. (
#20000551-
County Attorney)
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
12. HEARING EXAMINER
No requests received.
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13. PORT AUTHORITY
No requests received.
14. CONSTITUTIONAL OFFICERS
(a)
ACTION REQUESTED:
Approve
Disbursements.
WHY ACTION IS NECESSARY:
Florida Statute Chapter 136.06(1) requires that all County disbursements be recorded in the Minutes of
the Board.
WHAT THE ACTION ACCOMPLISHES:
Compliance with the requirements of FS 136.06(1). (
Clerk of Courts)
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
15. COMMUNITY REDEVELOPMENT AGENCY
No requests received.
16. VISITOR AND CONVENTION BUREAU
No requests received.
17. PUBLIC WORKS DIVISION
(a)
ACTION REQUESTED:
Approve staff recommendation to award formal Quotation #Q-000283 for the sale of property located
Lands, to the below-listed quoters meeting all specification requirements, for a total of $116,561.00;
authorize the Chairman to execute the County Deeds; and authorize the Division of County Lands to
handle and accept all documentation necessary to complete this transaction. There are no real estate
brokerage commissions payable.
13504 Brynwood Lane $62,051.00
Sean O’Connell
13515 Brynwood Lane $54,510.00
WHY ACTION IS NECESSARY:
On February 8, 2000, the Board directed staff to dispose of this surplus property in accordance with the
WHAT THE ACTION ACCOMPLISHES:
Complies with the Board’s direction. (
#20000433-
County Lands)
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
(b)
ACTION REQUESTED:
Accept donation of a
Perpetual Stormwater Drainage Easement,
Parcel 1 (STRAP No. 18-44-26-00-00001.119A), for the Neal Road Ditch Improvements Project, in
8514; authorize County Lands Division to handle and accept all documentation necessary to complete
this transaction; and authorize payment of recording fees of approximately $21.00.
WHY ACTION IS NECESSARY:
WHAT THE ACTION ACCOMPLISHES:
Acquisition of necessary easement by donation from the property owner. (
#20000542-
County Lands)
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
(c)
ACTION REQUESTED:
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Accept donation of a
Perpetual Stormwater Drainage Easement,
from Bruce and Mary LaTourette, for
Parcel 2 (STRAP No. 18-44-26-00-0001.1270), for the Neal Road Ditch Improvements Project, in East
authorize County Lands Division to handle and accept all documentation necessary to complete this
transaction; and authorize payment of recording fees of approximately $35.00 and payment of the
Subordination of Encumbrance processing fee of $100.00.
WHY ACTION IS NECESSARY:
WHAT THE ACTION ACCOMPLISHES:
Acquisition of necessary easement by donation from the property owner. (
#20000543-
County Lands)
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
(d)
ACTION REQUESTED:
Approve the
purchase
amount of $2,628.00, pursuant to the terms and conditions as set forth in the Property Purchase
Agreement; authorize payment of approximately $500.00 for necessary fees and costs to close; and
authorize the Division of County Lands to handle and accept all documentation necessary to complete
this transaction.
WHY ACTION IS NECESSARY:
WHAT THE ACTION ACCOMPLISHES:
The acquisition of property during the voluntary phase of the project will avoid the Board’s need to
exercise its power of Eminent Domain at a future date. (
#20000563-
County Lands)
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
(e)
ACTION REQUESTED:
Approve the
purchase
amount of $2,534.00, pursuant to the terms and conditions as set forth in the Property Purchase
Agreement; authorize payment of approximately $600.00 for necessary fees and costs to close; and
authorize the Division of County Lands to handle and accept all documentation necessary to complete
this transaction.
WHY ACTION IS NECESSARY:
WHAT THE ACTION ACCOMPLISHES:
The acquisition of property during the voluntary phase of the project will avoid the Board’s need to
exercise its power of Eminent Domain at a future date. (
#20000564-
County Lands)
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
(f)
ACTION REQUESTED:
Accept by donation, a
Quit Claim Deed,
from Robert L. and Letamae McCall, for right-of-way
necessary for the Cherry/Blueberry Lanes Special Improvement MSBU, for maintenance of existing
roads and street lighting; authorize the Division of County Lands to handle and accept all
documentation necessary; and authorize payment of recording fees of approximately $10.50.
WHY ACTION IS NECESSARY:
Cherry and Blueberry Lanes are currently privately owned roads, and the County cannot initiate
maintenance without a fee interest.
WHAT THE ACTION ACCOMPLISHES:
Acquisition of right-of-way via Quit Claim Deed by donation from a benefited property owner.
(
#20000538-
County Lands)
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
ADMINISTRATIVE AGENDA
1. COUNTY MANAGER
No requests received.
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No requests received.
3. COUNTY COMMISSIONERS
No requests received.
4. COMMUNITY DEVELOPMENT
No requests received.
5. HUMAN SERVICES
No requests received.
6. INDEPENDENT DIVISIONS
No requests received.
7. PUBLIC SERVICE DIVISIONS
(a)
ACTION REQUESTED:
Approve waiving the formal bid process for BW-00-07, to provide a Rohn concrete shelter, back-up
generator, electrical installation, site development, professional engineering, and system integration for
award to
for a total lump-sum amount of $282,516.73; and authorize Chairman to execute the
County’s Standard Construction Contract.
WHY ACTION IS NECESSARY:
Pursuant to the Lee County Contract Manual for Construction Projects, approved by the Board on April
21, 1993, the Board is required to approve all bid waivers over the County Manager's authorization of
$50,000.00.
WHAT THE ACTION ACCOMPLISHES:
Approval of this award will provide Public Safety with a system that is compatible with the existing
system. Motorola is the sole provider of this 800 MHz system, which includes a Rohn concrete shelter,
back-up generator, electrical installation, site development, professional engineering, and system
integration for a new radio tower on the grounds of the Florida Gulf Coast University (FGCU) Campus.
(
#20000565-
Public Safety)
Commissioner Manning moved approval, seconded by Commissioner Coy, called and carried.
8. SOLID WASTE-NATURAL RESOURCES
No requests received.
(a)
ACTION REQUESTED:
Adopt a Resolution amending Resolution #89-11-50 regarding the Bicycle/Pedestrian Advisory
Committee.
WHY ACTION IS NECESSARY:
Board approval is necessary to amend the Resolution establishing a committee and its function.
WHAT THE ACTION ACCOMPLISHES:
Amends the provisions regarding designation of members, terms of appointments, election of officers,
constituting a quorum, and the responsibilities of the committee. (
#20000501-
Commissioner Manning moved approval, seconded by Commissioner St. Cerny, called and carried.
RESOLUTION NO. 00-06-11
10. UTILITIES
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No requests received.
11. COUNTY ATTORNEY
(a)
ACTION REQUESTED:
Elect three members of the Board of County Commissioners to serve on the 2000 Value Adjustment
Board, and direct an organizational meeting of the Board.
WHY ACTION IS NECESSARY:
To provide Board of County Commissioners representation on the 2000 Value Adjustment Board.
WHAT THE ACTION ACCOMPLISHES:
Establishes Board of County Commissioners' membership for the 2000 Value Adjustment Board.
(
#20000547-
County Attorney)
After Commissioner St. Cerny volunteered to serve, Commissioner Manning moved to appoint Commissioners
Albion, St. Cerny, and Judah, seconded by Commissioner Coy, called and carried.
(b)
ACTION REQUESTED:
Authorize written offer to Dwight S. Baird, Jr., Trustee, to purchase land needed for the Three Oaks
Parkway South Extension.
WHY ACTION IS NECESSARY:
To try to purchase land before condemnation.
WHAT THE ACTION ACCOMPLISHES:
Makes written offer to purchase land. (
#20000556-
County Attorney)
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
(c)
ACTION REQUESTED:
Authorize Chairman to execute
Release of Mortgage
in Case No. 00-159-CA-JBR, Habitat for
Humanity v. Llorens, et al.
WHY ACTION IS NECESSARY:
To release mortgage to facilitate conveyance of deed in lieu of foreclosure.
WHAT THE ACTION ACCOMPLISHES:
#20000561-
County Attorney)
Commissioner Manning moved approval, seconded by Commissioner Judah. Responding to questions from
Commissioner Albion, Assistant County Attorney John J. Renner explained the disadvantages of allowing the
foreclosure action to proceed; and assured the Commissioner that approval of this request would not constitute a
precedent for either commercial lenders or private contractors. Commissioner Albion suggested that a better
procedure might be to grant $15,000.00 to Habitat for Humanity and allow them to purchase the County's second
mortgage. After Attorney Renner noted that, either way, the Board was free to determine each case on an individual
basis, the motion was called and carried.
12. HEARING EXAMINER
No requests received.
13. PORT AUTHORITY
No requests received.
14. CONSTITUTIONAL OFFICERS
No requests received.
15. COMMUNITY REDEVELOPMENT AGENCY
No requests received.
16. VISITOR AND CONVENTION BUREAU
No requests received.
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(a)
ACTION REQUESTED:
Approve the purchase of Parcel 48, STRAP No. 07-44-22-00-00012.0000, 8± acres located along the
north side of Pineland Road in the area known as Bokeelia, for the Conservation 2020 Land
Acquisition Program, Project No. 8800, from Jessy-Chris Inc., in the amount of $389,000.00, pursuant
to the terms and conditions as set forth in the Agreement for Purchase and Sale of Real Estate;
authorize payment of necessary fees and costs to close; and authorize the Division of County Lands to
handle and accept all documentation necessary to complete the transaction.
WHY ACTION IS NECESSARY:
WHAT THE ACTION ACCOMPLISHES:
The acquisition of one of the properties recommended by the Conservation Land Acquisition and
Stewardship Advisory Committee (CLASAC) on Blue Sheet No. 980247 for the Conservation 2020
Program. (
#20000477-
County Lands) (
Affidavit)
Commissioner Manning moved approval, seconded by Commissioner Judah for discussion. Commissioner Judah
voiced his resentment at Mr. Danielson's allegations of Sunshine Law violations; opined that Parcel 48 has features
that would merit acquisition by the County; and expressed uncertainty as to whether 2020 funds should be used.
County Lands Director Karen L. Forsyth reported that CLASAC had thoroughly reviewed the property under the
established criteria; that about 2.5 acres of the site is mangrove property; that improvements constitute 70% of the
property's value; and that the University would be responsible for all maintenance and liability issues related to the two
buildings, as well as for the removal of exotic vegetation and restoration of those areas. Commissioner St. Cerny
asserted that this proposal does not fit the intention of the Conservation 2020 Program, and suggested that some other
funding should be used. Commissioner Manning pointed out that the 2020 referendum was non-binding and that the
Board is responsible for implementing the program; stated that any archaeological treasures could be incorporated into
the overall research center that the Board has discussed for years; and emphasized the need for flexibility in the
acquisition of unique properties. In reply to Commissioner Coy's questions, County Attorney James G. Yaeger
confirmed that the property passes the threshold test of the Ordinance with 3 acres of wetlands; opined that the
presence of a structure does not remove the property from the Ordinance criteria; and noted that the proposed passive
recreational uses are also included in the Ordinance. Randell Research Center Site Archaeologist Corbett Torrence
stated that the property will probably sell quickly to a private buyer if the County elects not to buy it, that the
University is not in a financial position to make the purchase, and that rent collected for the Post Office would be used
for building maintenance. Commissioner Albion suggested that 2020 funds be used to purchase the environmentally
sensitive portion of the parcel and other funds used for the remainder. Ms. Forsyth, Mr. Torrance, and Commissioner
Albion discussed the probable reluctance of the seller to sell only a portion of the parcel. Commissioner Judah
suggested deferral for a week so that more information could be available about alternate funding sources. After
CLASAC member Jake Slot pointed out that, as a new member, he was not involved in this Committee decision, Ms.
Forsyth requested that any deferral be for two weeks. Commissioner Manning withdrew his motion. Commissioner
Manning moved to defer this item for two weeks, seconded by Commissioner Judah. Attorney Yaeger noted that the
Commissioners could speak individually to CLASAC members, who should also be present at the meeting to put their
statements on record. Commissioner Judah suggested that staff contact Jan Brown, the area representative on the state
archaeological board, regarding possible grants; and Commissioner Albion added that efforts by the University to use
their influence would be appreciated. Commissioner Albion requested that staff extend thanks to Mr. Casey for
continuing to work with the County for the best interests of County citizens, and commended the CLASAC members
for their efforts. The motion was called and carried.
(b)
ACTION REQUESTED:
Florida, for and on behalf of the Board of Regents for the State of Florida, for the property identified as
Parcel 48, STRAP No. 07-44-22-00-00012.0000, of the Conservation 2020 Land Acquisition Program,
Project No. 8800. The property is located on north side of Pineland Road in Bokeelia.
WHY ACTION IS NECESSARY:
The Board must formally approve all real estate transactions.
WHAT THE ACTION ACCOMPLISHES:
#20000478-
County Lands)
Commissioner Manning moved to defer this item for two weeks, seconded by Commissioner Judah, called and
carried.
WALK-ON ITEM NO. 1
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ACTION REQUESTED:
Award
B-00-27,
lowest responsive, responsible bidder, meeting all bidding requirements,
, for a total
not-to-exceed contract amount of $225,678.89, with a project completion time of 60 calendar days.
WHY ACTION IS NECESSARY:
approved by the Board on April 21, 1993, construction projects estimated to be over level four
authorization will be executed through the formal advertised sealed bid procedure.
WHAT THE ACTION ACCOMPLISHES:
Install curb, gutter, inlets, and drainage piping along Captiva Drive from Sunset Captiva Lane north to
the flashing light. Also, overlay the existing roadway. (
#20000610-
REASON FOR WALK-ON:
There is a need to proceed quickly to avoid the rainy season.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
WALK-ON ITEM NO. 2
ACTION REQUESTED:
Consider approving the Roadway Landscape Advisory Committee's (RLAC) request for the creation of
a Small Projects Fund in the amount of up to 5% of the total dollar amount allocated each fiscal year
for the installation of roadway landscaping projects.
WHY ACTION IS NECESSARY:
The Board of County Commissioners must approve the request to allocate funds for small projects at
the Advisory Committee's sole discretion.
WHAT THE ACTION ACCOMPLISHES:
Provides a funding source to the Advisory Committee of up to $25,000.00, as currently budgeted in the
CIP, for items associated with roadway landscaping projects, such as landscaping around retention
ponds along a roadway corridor.
(#20000619-
REASON FOR WALK-ON:
The RLAC and Commissioner Judah requested this be heard as a Walk-On.
Commissioner Judah explained that the request is in keeping with the Board's commitment to improve the aesthetic
appearance of County roadways, expressed his frustration that major projects take so long to complete, and asserted
that tangible results on smaller projects would demonstrate the Board's serious intent to beautify the County.
Commissioners Manning and Judah discussed the need for flexibility to deal with retention ponds on a case-by-case
basis, the inclusion of retention ponds in larger projects, the methods available for handling ponds that were not part of
a completed project, the small amount of money involved, and the unsightliness of most retention ponds.
Commissioner Judah explained that he asked for this to be a walk-on item in order to take advantage of the
approaching rainy season. Commissioner Manning moved approval of the item, seconded by Commissioner Judah.
Board discussion ensued regarding ponds that are in rights-of-way belonging to the Florida Department of
Transportation (FDOT), reimbursement to the County for maintenance in those areas, and whether County funds could
also be used for sidewalks in FDOT right-of-way. COMMISSIONER MANNING LEFT THE MEETING BRIEFLY
AND RETURNED DURING THE DISCUSSION. Commissioner St. Cerny suggested that this matter could be
discussed at a Management and Planning Workshop. Commissioner Albion added that direction could be given that
the Board wants money set aside for small projects and that the RLAC should prepare and prioritize a list of potential
projects. Brief discussion followed regarding a possible alternate date for the July Management and Planning
Workshop, Commissioner Manning withdrew his motion. Commissioner Judah moved to schedule the next
WALK-ON ITEM NO. 3
5. HUMAN SERVICES
ACTION REQUESTED:
Approve Resolution regarding the proposed closure of the G. Pierce Wood Memorial Hospital.
WHY ACTION IS NECESSARY
:
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To address this issue before the proposed closure of July 1, 2000.
WHAT THE ACTION ACCOMPLISHES:
(#20000630-
Human Services)
REASON FOR WALK-ON:
Commissioner Manning moved approval, seconded by Commissioner Coy. Commissioner Albion suggested that the
motion include a letter to the Ruth Cooper Center expressing the Board's confidence in the Center's direction, and
offering to assist wherever possible. After the maker and seconder agreed, the motion was called and carried.
RESOLUTION NO. 00–06–12
COMMISSIONER ITEMS
HEARING EXAMINER RESIDENCY REQUIREMENT - Referring to a memorandum he had sent to
the other Commissioners, Commissioner Judah made a motion that the Board incorporate a provision in the
Administrative Code that the Hearing Examiner reside in the county where he/she makes decisions that affect the area.
Motion failed for lack of a second. After Commissioner Judah explained the advantages of such a requirement,
Commissioner Albion suggested that this approach would necessitate balancing a possible better understanding of the
specific area against the loss of someone who is already performing at an acceptable level. He added that he would
like to have additional information prior to any Board decision on this matter.
BOWDITCH POINT PARK - Commissioner Albion asserted that additional parking would make sense
if this is to be a Regional Park; and that, if no additional parking is approved, the Board should consider it a preserve
and put it under Conservation 2020. Commissioners Manning and Albion discussed the similarities and differences
between buildings at the park and at the Casey property. Commissioner Judah suggested that the matter be referred to
the Conservation Land Acquisition and Stewardship Advisory Committee (CLASAC) for eligibility determination.
MGT AUDIT BACKUP MATERIAL - Commissioner Albion reported that, contrary to MGT's
statements 2-1/2 months ago, the backup material for the audit was not all in Tallahassee; that some documents had to
be retrieved from California; that the material was not sent last week as promised; and that the documents are
apparently finally on the way to the County via UPS. He expressed his concerns about this process and timeline as it
reflects on the way the company conducts its business.
COMMITTEE APPOINTMENTS
CONSERVATION LAND
ACQUISITION AND STEWARDSHIP ADVISORY COMMITTEE
, seconded by Commissioner Manning, called
and carried.
to the
SHELTERING PINES MOBILE HOME VILLAGE IMPROVEMENT COMMITTEE
, seconded by
Commissioner Coy, called and carried.
COUNTY MANAGER ITEMS
COUNTY ATTORNEY ITEMS
AT THIS TIME, COMMISSIONER ALBION PRESENTED AN ADDITIONAL ITEM FOR DISCUSSION. SEE
THE COMMISSIONER ITEMS PORTION OF THE MEETING.
The Chairman recessed the meeting until 5:00 p.m. The Chairman called the meeting back to order at 5:01 p.m. with
all Commissioners present.
5:00 P.M. AGENDA ITEM -
Public Hearing
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(1)
ACTION REQUESTED:
Hold a Public Hearing to consider an Ordinance amending the legal description of the Lehigh Acres
Streetlighting District.
WHY ACTION IS NECESSARY:
It is a legal requirement for the Board to consider the amendment of an existing MSTU.
WHAT THE ACTION ACCOMPLISHES:
Provides public input regarding the amendment. (
#20000506-
MSTBU Services)
Affidavit of Publication
and Notice of Intent
for 5:00 p.m. Agenda Item (1). Commissioner Manning moved approval, seconded by
Commissioner Judah. The Chairman called for
public input
and the following concerned citizens came forward in
support of the Ordinance:
The motion was called and carried. The Ordinance adopted by the Board and filed was
NO. 00-11,
ENTITLED:
PROVIDING FOR THE BOUNDARIES TO BE INCLUDED; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
5:00 P.M. AGENDA ITEM
- Public Hearing
(2)
ACTION REQUESTED:
Adopt a Resolution to approve the
WHY ACTION IS NECESSARY:
Lee County Ordinance No. 89-05 and FCC Form 394 set forth the procedure for transferring the control
of cable television franchises.
WHAT THE ACTION ACCOMPLISHES:
Formalizes the process for the County to permit the transfer of control of the cable television franchise.
(
#20000537-
Public Resources)
REVISION #1 OF THE AGENDA REVISION RECAP SHEET INCLUDED THE FOLLOWING CHANGE,
WHICH WAS NOT ANNOUNCED BY THE CHAIRMAN:
For 5:00 p.m. #2, in the Background Section, the second sentence in the second paragraph should read: "The
Stipulation makes clear that Comcast will comply with Lee County Ordinance No. 89-05 and the percentage of the
franchise fee will be 5%."
Commissioner Judah congratulated Assistant County Attorney Audrey E. Vance upon her selection as City Attorney
for the City of Bonita Springs, and thanked her for her dedicated service to the County. Attorney Vance approved as
to legal form and sufficiency, the
Affidavit of Publication and Notice of Intent
for 5:00 p.m. Agenda Item (2); and
pointed out revisions in the proposed Resolution to reflect the fact that Comcast already pays the 5% franchise fee and
to allow Comcast to sign the Stipulation ten days after the hearing. Commissioner Manning moved approval,
seconded by Commissioner Judah. In response to Commissioner Albion's inquiries, Attorney Vance reported that
Ordinance 89-05 is being revised and updated; and that Comcast will be in full compliance with the relevant
Ordinance as of January 2001, when the permit will be up for renewal. The Chairman called for public input;
however, no one came forward. The motion was called and carried.
RESOLUTION NO. 00-06-13
5:05 P.M. AGENDA ITEM
- Public Hearing
(1)
ACTION REQUESTED:
Conduct first public hearing on proposed amendments to the Land Development Code (LDC). After
hearing, direct ordinance to second public hearing at 5:05 p.m. on June 27, 2000, in the Board’s
Chambers.
WHY ACTION IS NECESSARY:
WHAT THE ACTION ACCOMPLISHES:
#20000274-
County Attorney)
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Assistant County Attorney Patrick G. White noted that this will probably be the last time he addresses this Board as an
Assistant County Attorney for Lee County. Commissioner Judah wished him well in Collier County and thanked him
for his dedicated service. Attorney White approved as to legal form and sufficiency, the
Affidavit of Publication
for
5:05 p.m. Agenda Item (1); noted that this is the first of two public hearings; and pointed out that the Blue Sheet
backup material contains an overview of significant revisions, including bolded text to indicate options to be decided
upon at the second hearing. He explained that, in Section 34-933 on page 62 of the proposed Ordinance, staff
proposes to eliminate the underlined text, pertaining to administrative approval following approval of the zoning
resolution; and to reinstate the struck-through text near the top of the page, regarding the discretion of the Director to
authorize substantially similar uses. Community Development Director Mary Gibbs stated that important issues
include hurricane shelter mitigation, airport noise zones, finalized language for golf courses in the Density
Reduction/Groundwater Recharge (DR/GR) areas, Corkscrew Road setbacks, and bonus density options. The
Chairman called for public input and the following concerned citizens came forward:
Estero resident, urged the Board to approve either 75-foot or 50-foot setbacks on
Corkscrew Road; and detailed reasons for opposition to 25-foot setbacks.
Attorney
of the law firm of Pavese, Haverfield, Dalton, Harrison and Jensen,
representing Estero Interstate Commerce Park, asserted that 25-foot setbacks
should continue to be allowed in the interchange area.
Kate Gooderham,
of Gooderham and Associates, representing South Seas Resort, suggested that
hurricane mitigation fees should make allowances for evacuation planning; and
that the words "life safety" should be deleted from Sec. 6-472.e. to allow for
structures that have to go through DEP permitting.
Attorney
Matt Uhle,
of the law firm of Humphrey and Knott, asserted that hurricane mitigation fees
would be impact fees that do not comply to the dual rational nexus requirement.
of the law firm of Humphrey and Knott, opined that the revised bonus density regulations
would constitute double jeopardy for the landowner.
Jon Ruedisueli,
Rod and Gun Club Road resident, questioned the new airport noise zone overlay that
would make his recently-purchased property unsuitable for his planned use.
changes on construction of his retirement home.
of Stuart and Associates, stated that he would submit written comments regarding the
Corkscrew Road setbacks and hurricane shelter mitigation; and noted that the
LPA "betterment plan" provision had been omitted from the draft amendments.
Attorney
of the law firm of Pavese, Haverfield, Dalton, Harrison and Jensen,
representing WCI Communities, pointed out that cabanas should be treated as
accessory residential uses rather than as separate dwelling units.
Caron Day, President of Florida Land Planning Inc., commented on the effects of the airport noise zone
overlay on future development at Miromar Lakes; and suggested the use of the
"betterment plan" instead of additional setbacks on Corkscrew Road.
During the presentations, the Chairman referred several speakers to appropriate staff for discussion of their specific
concerns. Attorney White reported that the LPA "landscape betterment plan" had been inadvertently omitted and
would be included in the backup for the second hearing. Ms. Gibbs confirmed that staff would revisit the cabana
issue, the interchange setback and betterment plan issue, and the bonus density options. Assistant Port Authority
Attorney Gregory S. Hagen stated that he and Assistant County Attorney Timothy Jones would meet with the
concerned parties to determine whether any additional changes would be appropriate in the airport noise zone
amendments. Attorney Jones explained the use limitations that would apply to Mr. Ruedisueli's property under the
noise zone changes. In response to inquiries from Commissioners Albion and Manning, Attorney Jones acknowledged
that there may be some future exposure to actions under the Burt J. Harris Act; and reviewed the timetable for final
adoption of Comprehensive Plan changes. Commissioner Manning pointed out the need for a process to provide
advance notice, to real estate agents and prospective buyers, of regulatory changes that could affect their use of a site;
and stated that he could not support an amendment that did not include a proviso to address those few individuals who
are "caught in the middle". Commissioner Manning moved the item to second public hearing, seconded by
Commissioner Judah. Some of the topics considered during the Board discussion that followed were: the Board's
need to receive additional information on the major issues, the "betterment plan" in relation to setback requirements,
the need for options within the hurricane mitigation amendment, the desire of the Board to make the final decision on
bonus density cases, the need for fairness to property owners affected by the airport noise zones, the possibility of
increasing the All Hazards millage rate, the options available to pay for additional hurricane shelter space, the need for
assistance from the cities to correct the shelter space deficit, and the use of flexible numbers to reflect cost increases in
shelter construction. Commissioner Coy stated that the amendment regarding cabanas seemed extreme, and indicated
that he would not support it. Attorney Jones explained that the proposal for hurricane mitigation fees meets the
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requirements of the law as a "development exaction", and that it also meets the dual rational nexus test for impact fees.
Community Development Planner Matt Noble noted that the details of any landscape betterment plan would need to
be submitted at the time of rezoning. Public Safety Director John Wilson stated that there is no problem in striking the
two words as suggested by Ms. Gooderham, and explained staff's preference for a maximum enclosed area of 300
square feet in Sec. 6-472.e. The motion was called and carried. The Chairman announced that the second public
hearing would be held in Chambers on June 27, 2000, at 5:05 p.m.
AT THIS TIME, COMMISSIONERS COY AND MANNING LEFT THE MEETING AND WERE ABSENT FOR
THE REMAINDER OF THE MEETING.
5:05 P.M. AGENDA ITEM
(2) Public Presentation of Matters by Citizens
The Chairman called for public input and the following concerned citizen came forward:
school crosswalks be painted yellow instead of white.
The following persons came forward to request the exclusion of "Vehicle and Equipment Dealers, Groups I and II"
from allowed uses in neighborhood/commercial areas, to request a Zoning Ordinance amendment to allow citizens to
communicate with the Commissioners on pending zoning issues, and/or to request that the Hearing Examiner be
Allen, Knudsen, et al.; and presented
petitions
(copies are on file in the Minutes
Office) with signatures of 295 persons supporting the change in
neighborhood/commercial.
Marty Cribbins,
copies to the Board of a letter he read into the record.
Forest View resident
Alice Walat,
Seashore Circle resident
Commissioner Judah noted that he and Assistant County Attorney Timothy Jones would be attending a community
meeting in Estero on Wednesday night.
The Chairman adjourned the meeting at 6:37 p.m.
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