District #1Bob
Janes |
District #2 Douglas St. Cerny Vice Chairman |
District #3 Ray
Judah
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District #4 Andrew W. Coy |
District #5 John E. Albion Chairman |
Donald D. Stilwell, County Manager |
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James
G. Yaeger, County Attorney |
January 27, 2004 |
Please fill out a “Request to Comment” card if you plan to address the Board and return it to the Clerk at the left of the podium prior to the start of the meeting.
All back up for this agenda is available in the Public Resources Office, 1st Floor, Administration Building
Additional information is available on the Internet at http://www.lee-county.com
PLEASE NOTE: The Board may take action in its capacity as the Port Authority or Government Leasing Corporation.
COMMISSION CHAMBERS, 2120 MAIN STREET, FORT MYERS, FLORIDA
9:30
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Invocation: |
Pastor
Ryan Deaton |
Life
Church |
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Pledge
of Allegiance |
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Recap |
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Public
Comment on the Consent and Administrative Agenda |
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Items
to be pulled for discussion by the Board |
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Motion
to approve balance of items |
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Consideration
of items pulled for discussion |
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9:30
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PUBLIC HEARING |
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ACTION REQUESTED: Adopt a Resolution supporting the establishment of
the Arborwood Community Development District by the Florida Land and Water
Adjudicatory Commission. WHY
ACTION IS NECESSARY: A Resolution adopted by the BOCC is the only means
of expressing support or objection to the granting of a petition to establish
a UCDD of greater than 1,000 acres. WHAT
ACTION ACCOMPLISHES: Supports the creation of an independent special
district that will provide an alternative method to manage and finance basic
services within the community development district.
(#20040002-County Attorney) |
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Walk-ons
and Carry-overs |
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Commissioners'
Items/Committee Appointments |
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County
Manager Items |
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County
Attorney Items |
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Adjourn
until 5:00 PM |
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January
27, 2004
1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Approve budget amendment resolutions and transfers
from reserves, in various funds to provide fund financial adjustments for the
FY02-03 year-end close out. No
additional funding is required, except in those funds, in which reserves are
affected (listed in background).
Reserves represent those that were established during the development
of the budget. In some funds, (listed
in background) for which additional revenues were received, the budget is
being adjusted to reflect the additional revenues. WHY ACTION
IS NECESSARY: Each year in the preparation of the year-end
financial statements, Budget Services requests that certain fund adjustments
be processed after the Finance division has made their final cash adjustments
in conjunction with auditor findings. WHAT ACTION
ACCOMPLISHES: Year-end adjustments allow the financial books for
FY02-03 to be closed.
(#20040049-Budget Services) |
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2. |
CONSTRUCTION AND DESIGN |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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ACTION
REQUESTED: Approve
Applicant’s request for rehearing of the Board decision in Zoning Case Number
DRI2001-00004 and DCI2001-00033 in reference to the Miromar Lakes DRI. WHY
ACTION IS NECESSARY: Land
Development Code Section 34-84(a) allows an aggrieved party to file a request
for a rehearing in a zoning action where the party believes there is new
evidence or points of law or fact which may have been overlooked or
misunderstood by the Board of County Commissioners. WHAT
ACTION ACCOMPLISHES: Allows
the Board to consider whether a rehearing is warranted. The consideration of the request to
grant the rehearing is not a public hearing and no oral testimony may be
considered by the Board in the course of deliberating the request. (#20031523-Zoning) |
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5. |
HUMAN SERVICES |
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ACTION
REQUESTED: Approve and execute a contract to receive $316,998
from the State of Florida Department of Community Affairs for the Low Income
Home Energy Assistance Program (LIHEAP); approve budget amendment resolution. WHY ACTION
IS NECESSARY: To secure grant funds for the Low Income Home
Energy Assistance Program. WHAT ACTION
ACCOMPLISHES: Will provide $316,998 in grant funds for
assistance with energy costs to qualified households for the period of
contract execution date through March 2005.
(#20040020-Human Services) |
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ACTION
REQUESTED: Approve criteria for the Partnering for Results
Request for Proposal (RFP) process and approve FY 2004-2005 funding amount not
to exceed $3,172,394. Approve a
maximum of $38,000 of the $3,172,394 to be allocated to United Way of Lee
County for the Information & Referral (211) services for FY 2004-2005. WHY ACTION
IS NECESSARY: To provide policy direction and establish the Partnering
for Results Request for Proposal process. WHAT ACTION
ACCOMPLISHES: Establishes the RFP
guidelines and funding amount for FY 2004-2005 Partnering for Results and
approved a maximum of $38,000 to be allocated to United Way. (#20040041-Human Services) |
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ACTION
REQUESTED: Establish a part-time grant funded position in the
Department of Human Services to assist with the administration of contracts. WHY ACTION
IS NECESSARY: Due to the volume of contracts and the various
funding sources used the existing staff needs assistance with contract
administration and monitoring. WHAT ACTION
ACCOMPLISHES: Allows Human Services to
hire a part-time grant funded position.
(#20040042-Human Services) |
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6. |
INDEPENDENT |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL RESOURCES |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: Approve award of Project # EX040179, the purchase
of one new Altec Model AN755MH aerial device and chassis for DOT from Altec
Industries, Inc. at the prices given in the Federal General Services Administration
Contract #GS-30F-1028G. Total cost:
$108,901. WHY ACTION
IS NECESSARY: As this expenditure will exceed $50,000, Board
approval is required. WHAT ACTION
ACCOMPLISHES: Provides DOT/Traffic Division with an additional
bucket truck to be utilized throughout the County for the maintenance and new
construction of traffic signals.
(#20040018-Transportation) |
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10. |
UTILITIES |
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ACTION
REQUESTED: Approve Waiver # W-040186 to waive formal
quotation procedure, due to sole source, for the Public Works Department
(Utilities Division), for the purchase of Yokogawa Corporation products,
programming and repair services for the Yokogawa DCS CS 1000 System, through
their authorized dealer in Florida Classic Controls. Projected annual costs
for new products would be approximately $500,000 and for repair and
programming at approximately $100,000. WHY ACTION
IS NECESSARY: All purchases that exceed $50,000 must have board
approval. WHAT ACTION
ACCOMPLISHES: Allows the Public Works Department (Utilities
Division) to purchase products and services of the Yokogawa Corporation from
their distributor Classic Controls.
(#20040026-Utilities) |
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ACTION REQUESTED: Authorize the Chairman on behalf of the BOCC to
approve an Agreement for the Wholesale Sale of Potable Water by Lee County to
the City of Cape Coral. WHY ACTION IS NECESSARY: An interlocal agreement is required so that Lee
County Utilities may sell potable water on a wholesale basis to, and as
requested by, the City of Cape Coral over an initial period of 20 years so
that it may provide water service to the developing northeastern (Section 86)
portion of the City. WHAT ACTION ACCOMPLISHES: The interlocal agreement will establish rates,
metering, impact fee recovery, inspection procedures, and responsibilities of
each party. (#20040031-Utilities) |
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ACTION
REQUESTED: Concur with the ranking of Consultants by the
Competitive Negotiations Committee for CN-04-01 UTILITIES RATE FINANCIAL
CONSULTANT, in the following order of ranking, and authorize contract
negotiations to commence with the number one ranked firm: (1) Public
Resources Management Group, Inc. (PRMG); (2) Hartman & Associates, Inc.;
and (3) C.H. Guernsey & Company. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Consultant will provide general utility financial
consulting services and assistance for the Lee County Utilities
Division. (#20040037-Utilities) |
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11. |
PARKS AND RECREATION |
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12. |
COUNTY ATTORNEY |
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ACTION
REQUESTED: Direct to two public hearings, the consideration
of a development agreement between Lee County and the owners and developers
of the Coconut Point DRI. The
proposed agreement governs mitigation of the transportation impacts created
by the Coconut Point DRI. Suggested
dates: February 10, 2004, and February 24, 2004 at 9:30 a.m. or as soon
thereafter as may be heard. WHY
ACTION IS NECESSARY: Florida Statutes, Section 163.3225, requires at
least two public hearings before a local government enters into a development
agreement. WHAT
ACTION ACCOMPLISHES: Finalizes the terms and conditions of the
mitigation of transportation impacts for the Coconut Point Development of
Regional Impact. (#20040050-County Attorney) |
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13. |
HEARING EXAMINER |
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14. |
PORT AUTHORITY |
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15. |
CONSTITUTIONAL OFFICERS |
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ACTION REQUESTED: Approve disbursements. WHY ACTION IS NECESSARY: Florida Statute Chapter 136.06(1) requires that all County disbursements be recorded in the Minutes of the Board. WHAT ACTION ACCOMPLISHES: Compliance with the requirements of FS
136.06(1). (#20040039-Clerk of
Courts) |
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ACTION REQUESTED: Present financial report
for information purposes. WHY ACTION IS NECESSARY: To provide interim reporting on selected funds and revenues of the Lee County Board of County Commissioners. Also included, in compliance with Florida Statute 218.415, Local Government Investment Policies, is the stated and fair market value of the investments managed by the Clerk’s Office. WHAT ACTION ACCOMPLISHES: The purpose of this report is to convey to you the
financial status of selected significant funds of the Lee County Board of
County Commissioners and the status of specific revenues as of the stated
dates and the market value of the investments managed by the Clerk’s Office
on behalf of the Board. (#20040040-Clerk
of Courts) |
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January
27, 2004
1. |
COUNTY ADMINISTRATION |
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ACTION REQUESTED:
Concur with the ranking of firms by the Selection
Committee for RFQ-04-04 LEGISLATIVE AND AGENCY LOBBYING & OTHER SERVICES
FOR LEE COUNTY, and authorize contract negotiations to commence with the
number one (1) ranked firm: (1) Florida Lobby Associates/Arnold & Blair,
LC as principal lobbyist; (2) Carey, O’Malley, Wittaker and Manson PA; Cruz
and Company and Benford Consulting; (3) Bitner & Associates, Seibert Law
Firm; Bryant Miller & Olive PA; and (4) Barreto, Cunningham, May, Dudley,
Maloy LLC; and Allen Jordan & Associates. Further authorize the Chairperson on behalf of the Board to
execute an agreement for an amount-not-to-exceed of $75,000.00 per year, with
a contract period of two (2) years with the option to renew under the same
terms and conditions for one (1) additional year. WHY ACTION IS NECESSARY: Board approval required. WHAT ACTION ACCOMPLISHES: Provides the County with a firm for legislative and agency lobbying services. (#20040066-County Manager) |
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2. |
CONSTRUCTION AND DESIGN |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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9. |
TRANSPORTATION |
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10. |
UTILITIES |
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11. |
PARKS AND RECREATION |
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12. |
COUNTY ATTORNEY |
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ACTION REQUESTED: In the lawsuit of Mary H. Rutledge, et al. vs.
Lee County; Case No. 98-9112 CA, approve negotiated settlement, waive
interest and penalties, lien fees and accept principal amount of $1,817.69 in
full satisfaction of Solid Waste Assessments for years 1989-1998. WHY ACTION IS NECESSARY: Settlement of litigation must be approved by Board
of Commissioners. WHAT ACTION ACCOMPLISHES: Resolves lawsuit challenging validity of Lee
County Ordinance 86-14, as amended; and its application to property owned by
Plaintiff. (#20040045-County
Attorney) |
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13. |
HEARING EXAMINER |
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14. |
PORT AUTHORITY |
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15. |
CONSTITUTIONAL OFFICERS |
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5:00
PM |
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Public
Hearing |
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ACTION
REQUESTED: Conduct a Public
Hearing to adopt a Petition to Vacate a 12-foot wide Public Utility Easement located at 2401
Gretchen Ave S., Lehigh Acres Florida 33971.
(Case No. VAC2003-00067) WHY ACTION
IS NECESSARY: To construct a
commercial building on the combined seven (7) lots.
The vacation of this easement will not alter
existing utility conditions and the easement is not necessary to accommodate
any future utility requirements. WHAT ACTION
ACCOMPLISHES: Vacates the Public Utility Easement. (S4-T45S-R26E) (#5)
(#20040008-Development Services) |
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Public Hearing |
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ACTION
REQUESTED: Conduct a Public
Hearing to adopt a Petition to Vacate a 12-foot wide Public Utility Easement located at 3114
Lee Blvd, Lehigh Acres Florida 33971. (Case
No. VAC2003-00068) WHY ACTION
IS NECESSARY: To construct three (3) commercial buildings on the
combined eight (8) lots. The
vacation of this easement will not alter existing utility conditions and the
easement is not necessary to accommodate any future utility requirements. WHAT ACTION
ACCOMPLISHES: Vacates the Public Utility Easement. (S26-T44S-R26E) (#5)
(#20040009-Development Services) |
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5:05
PM |
Public Presentation of
Matters by Citizens |
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Adjourn |
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