District #1 Bob
Janes
Chairman |
District #2 Douglas St. Cerny |
District #3 Ray
Judah
Vice Chairman |
District #4 Andrew W. Coy |
District #5 John E. Albion |
Donald D. Stilwell, County Manager |
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James
G. Yaeger, County Attorney |
August 27, 2002 |
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
Joey Brummett |
First
Church of the Nazarene |
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Pledge
of Allegiance |
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Recap |
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Public
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Items
to be pulled for discussion by the Board |
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Motion
to approve balance of items |
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Consideration
of items pulled for discussion |
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Walk-ons
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Commissioners'
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County
Manager Items |
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County
Attorney Items |
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August
27, 2002
1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Approve attached proposed FY02-03 06/07 Capital Improvement Program as reviewed on July 10, 2002. WHY ACTION
IS NECESSARY: Official action is required as follow-up to the
CIP Workshop. WHAT ACTION
ACCOMPLISHES: Allocates funding, in concept, for FY02/03 – 06/07
Capital Improvement Program and streamlines the project evaluation
process. (#20020942-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: Execute a grant award agreement for the Lee County
Historic Preservation Grant assistance program for the Black History Society,
Inc. WHY ACTION
IS NECESSARY: $400 in Lee County Historic Preservation Grant
assistance funds must be reallocated as one of the grantees has declined
receipt of the funds due to unforeseen personal circumstances. WHAT ACTION
ACCOMPLISHES: Allows the county to enter into a grant award
agreement for $400.
(#20020929-Planning) |
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5. |
HUMAN SERVICES |
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ACTION
REQUESTED: Consider
contract adjustments for medical malpractice and workers compensation for
Shady Rest Care Pavilion, Inc. WHY
ACTION IS NECESSARY: To
adjust current required liability insurance. WHAT
ACTION ACCOMPLISHES: Amends
Operations and Lease Agreement with Shady Rest Care Pavilion, Inc. (#20020782-Human Services) |
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ACTION REQUESTED: Approve submission to the State Office on
Homelessness, Tallahassee, of Lee County’s Homeless Continuum of Care
Challenge Grant FY 2003. Authorize
Chairman to sign Cover Letter and Certifications, and authorize Chairman to
sign Sub recipient Agreements once prepared. WHY ACTION IS NECESSARY: The Florida State Office on Homelessness requires
signed applications and certifications in order to enter the annual Homeless
Challenge Grant competition WHAT ACTION ACCOMPLISHES: Allows Lee County to apply for state funding for
local homeless projects by the Department of Human Services and local
non-profit agencies. (#20020946-Human
Services) |
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6. |
INDEPENDENT |
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ACTION REQUESTED: Approve the recommendations of the Conservation
Lands Acquisition and Stewardship Advisory Committee to pursue the
acquisition of approximately 10 acres on the Orange River and 14.5 acres next
to the Charlotte Harbor Flatwoods Florida Forever Preserve. Authorize the
Division of County Lands to begin the acquisition process for the properties
known as Conservation 2020 Nominations 192 and 202. WHY ACTION IS NECESSARY: Required by Lee County Ordinance 96-12. WHAT ACTION ACCOMPLISHES: Begins the process of negotiation and purchase of
certain, identified environmentally sensitive lands as set forth by County
Ordinance 96-12 and the Conservation 2020 Program. (#20020909-County Lands) |
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ACTION REQUESTED: Accept staff recommendation to reject all bids
submitted in response to Formal Quotation #Q-020386, Sale of Property located
at 15720, 15761, 15790, 15800, and 15900 Park Way, Fort Myers, Florida, for
the Division of County Lands. WHY ACTION IS NECESSARY: On August 29, 2000, the Board took action
declaring this property surplus and authorizing the Division of County Lands,
in cooperation with the Division of Purchasing Services, to accept sealed
quotations to dispose of this surplus property. The Board’s action on that date indicated that staff must
return to the Board for acceptance or rejection of the quotations. WHAT ACTION ACCOMPLISHES: Fulfills the requirements of the August 29, 2000
action. (#20020895-County Lands) |
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ACTION REQUESTED: Approve the Lee County Library System’s Public
Internet Access Plan of Action to implement the five (5) options as directed
by the Board of County Commissioners WHY ACTION IS NECESSARY: To formally adopt the policies, procedures and
Board options for library patrons’ use of public Internet computers. WHAT ACTION ACCOMPLISHES: Enhances control of Internet Access at the Lee
County Libraries. (#20020940-Library) |
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ACTION REQUESTED: Approve the purchase of a ±14 acre parcel of land
for the Lakes Regional Library Project, No. 3609, pursuant to the terms and
conditions as set forth in the Purchase Agreement; authorize the Chairman on
behalf of the Board of County Commissioners to sign the Purchase Agreement,
authorize payment of necessary fees to close; initiate a Board of County
Commissioners sponsored rezoning from AG-2 to CF-1 for the subject property
(STRAP No. 33-45-24-00-00001.0010) and authorize the Division of Planning to
act as the County’s agent for the rezoning; authorize the Division of County
Lands to handle and accept all documentation necessary to complete the
transaction. WHY ACTION IS NECESSARY: The Board must formally accept all real estate
conveyances to Lee County. Also, the
current zoning, AG-2, does not include “Library” as a permitted use. A rezoning of the subject property to
CF-1, will allow the use of a library.
WHAT ACTION ACCOMPLISHES: The acquisition of a ±14 acre site for the Lakes Regional Library and allows staff to proceed to have the property rezoned from AG-2 to CF-1. (#20020927-County Lands) |
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ACTION REQUESTED: Approve the purchase of Parcel 1566, a vacant
waterfront property in Cape Coral, for the Veterans Memorial Parkway
Extension, from Surfside Boulevard to Chiquita Boulevard, Project No. 5020,
pursuant to the terms and conditions set forth in the Purchase Agreement;
authorize Chairman on behalf of the BOCC to execute Purchase Agreement;
authorize payment of necessary fees to close; authorize the Division of
County Lands to handle and accept all documentation necessary to complete
this transaction. WHY
ACTION IS NECESSARY: The Board must formally accept all real estate
conveyances to Lee County. WHAT
ACTION ACCOMPLISHES: Acquires the property, thus avoiding the Board’s
need to exercise its power of Eminent Domain. (#20020930-County Lands) |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION REQUESTED: Approve listing of 22 Mandatory Garbage Hardship
Payment Deferral requests for Fiscal Year 02/03, October 1, 2002 through
September 30, 2003. Approved listing will be submitted to the Property
Appraiser for proper notation on the solid waste roll, and the Solid Waste
Division will record a lien against the applicant’s property. WHY ACTION IS NECESSARY: Authorize applicants for Hardship Payment Deferral
Program in accordance with Mandatory Garbage Ordinance 86-14 and amending
Ordinance 95-19, Section 6.7a. WHAT ACTION ACCOMPLISHES: Defers payment, and provides for the recording of
liens under the Mandatory Garbage Hardship Deferral Program. (#20020920-Solid Waste) |
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ACTION
REQUESTED: Approve Resolution to the State of Florida
Trustees of the Internal Improvement Trust fund requesting use of state lands
in Gasparilla Island State Park and Lovers Key State Park for completion of
beach renourishment projects. WHY ACTION
IS NECESSARY: In accordance with Florida Administrative Code
18-2.018(2)(o), requests by local governmental agencies for any activity on
state owned uplands shall be by formal action by the appropriate governing
board. WHAT ACTION
ACCOMPLISHES: Requests use of state property for access,
construction, and maintenance of beach renourishment projects on Gasparilla
Island and Lovers Key, including construction of a T-head groin in Gasparilla
Island State Park. (#20020926-Natural
Resources) |
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ACTION REQUESTED: Adopt budget resolution in the amount of $65,656
for Waste Tire Grant for FY 03. WHY ACTION IS NECESSARY: To establish the budget for the Waste Tire Grant. WHAT ACTION ACCOMPLISHES: Adjusts the Division’s budget for grant
expenditures and revenues.
(#20020928-Solid Waste) |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: Approve acceptance of the specific purpose survey
of the maintained right-of-way prepared by the engineering firm of James R.
Coleman & Associates, Inc., land surveying consultants for a portion of
Imperial Street between Bonita Beach Road and East Terry Street. Also approve and accept county employee
Maintenance affidavits for this portion of Imperial Street within Section 36
Township 47 Range 25. WHY ACTION
IS NECESSARY: A specific purpose survey and affidavits of the
maintained right-of-way of Imperial Street from Bonita Beach Road to East
Terry Street have never been filed and recorded in the public records. WHAT ACTION
ACCOMPLISHES: Filing and recording of the Specific Purpose
Survey and affidavits enters into public record the location, width and
ownership of the right-of-way of Imperial within Section 37 Township 47 Range
25 from Bonita Beach Road to East Terry Street. (#20020894-Transportation) |
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ACTION
REQUESTED: Award Change Order No. 1 to APAC-Florida for
$81,855.00 on the Daniels Road and McGregor Boulevard Resurfacing Contract. WHY ACTION
IS NECESSARY: Board approval required for Change Orders over
$50,000.00. WHAT ACTION
ACCOMPLISHES: Enables Lee County DOT to resurface additional
streets at the established low bid price.
(#20020945-Transportation) |
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10. |
UTILITIES
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ACTION REQUESTED: Approve final acceptance, by Resolution, and
recording of one utility easement as a donation for a 4” diameter fire line and
a 2” potable water service relocation serving Gulf Star Marina. This is a Developer contributed asset
project located on the east side of San Carlos Boulevard approximately 650’
south of Main Street. WHY ACTION IS NECESSARY: To provide fire protection and potable water
service to the recently redeveloped marina complex. WHAT ACTION ACCOMPLISHES: Places the fire line potable water service into
operation and complies with the Lee County Utilities Operations Manual. (#20020889-Utilities) |
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ACTION REQUESTED: Approve construction of two 8’’ diameter master
meter assemblies and a force main extension serving Bay Harbor. This is a
Developer contributed asset and the project is located on the east side of
McGregor approximately 1/2 mile south of Cypress Lake Drive. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this proposed 212-unit apartment complex. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual.
(#20020898-Utilities) |
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ACTION REQUESTED: Approve construction of a force main serving Abuse
Counseling and Treatment, Inc. This
is considered a Developer contributed asset project that is located on the
north side of Center Road between Third and Fourth Streets, within Page Park. WHY ACTION IS NECESSARY: To provide sanitary sewer service to the existing
and expanded portion of the Counseling & Treatment facility. WHAT ACTION ACCOMPLISHES: Complies with the Lee County Utilities line
extension policy and provides adequate utility infrastructure to support
development of the proposed facility expansion. (#20020913-Utilities) |
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ACTION REQUESTED: Approve construction of water distribution and
gravity collection systems serving the Shenandoah
Subdivision. This is a
Developer contributed asset and the project is located on the southwest
corner of Cook Road and Vesta Lane, approximately 1,500’ north of McGregor
Boulevard. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to the proposed 20-lot single-family subdivision. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to support
development of the subject property and complies with the Lee County
Utilities Operations Manual.
(#20020916-Utilities) |
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ACTION
REQUESTED: Decrease the approved piggybacking amount from
Charlotte County, Bid #00-281/Contract 2000000281, for Wastewater Collection
System Sewer Rehabilitation, to Azurix North American Underground
Infrastructure Inc. in the amount of
$187,692.00 and approve the utilization of piggybacking from the City
of Orlando, Bid #199-1310 for Sanitary Sewer Line & Manhole Rehabilitation,
for approximately 4,000 LF of Gravity Sewer Mains in Waterway Estate, with
Griner’s Pipeline Services A Division of ADS Corporation, in the
not-to-exceed amount of $180,000.00. WHY ACTION
IS NECESSARY: In accordance with the Lee County Contract Manual,
approved by the Board on September 25, 2001, Section 5: Unique Services, 5.0
Piggybacking, the Board must approve all piggyback services over $50,000.00. WHAT ACTION
ACCOMPLISHES: This will allow the department to utilize 2
different contractors, while saving additional money. By allowing the department to piggyback
onto the Charlotte County and City of Orlando contract it will allow Lee
County Utilities to complete the needed slip-lining as quickly as possible
and with an estimated savings of $22,500 per year in operating costs and a
reduction of 0.025MGD of groundwater going into our system. (#20020941-Utilities) |
11. |
PARKS AND RECREATION |
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ACTION REQUESTED: Award B-02-21 PINE ISLAND POOL RENOVATIONS, for
Parks & Recreation, to the lowest responsive/responsible bidder meeting
all bidding requirements, Aquamarine Swimming Pool Co., for a total lump sum
contract amount of $106,000.00, with a project completion time of 90 calendar
days. WHY ACTION IS NECESSARY: Pursuant to Administrative Code AC-4-4 Lee County
Contracts Manual, approved by the Board on September 25, 2001, construction
projects estimated to be over $50,000 will be executed through the formal
advertised sealed bid procedures. WHAT ACTION ACCOMPLISHES: Provides a contractor who will furnishing all labor, materials and equipment for
proper resurfacing of the community pool located at 5676 Sesame Drive, Pine
Island, FL. The work includes, but is
not limited to, the following: (1) remove old fiberglass and old marcite as
necessary to meet sanctioning requirements for swim meets (length not less
than 25 yards); (2) replace all frames and grates; (3) replace all return
line jets; (4) remove all light fixtures and patch holes flush with the pool
wall; (5) assure all exit ladders and hand rails are in good repair,
functional and in compliance with current codes; (6) remove and replace old
lane-lines and wall target tiles to be non-skid finish, remove and replace
all water line and gutter tile; (7) add tile as necessary to comply with
current codes; (8) upgrade depth markers to comply with current codes; (9)
add AND DIVING@ markers as necessary to comply with current codes; (10)
provide de-watering when required; (11) make required contacts with local
Health Department; (12) apply Armour coat, cl industries or Ulta Plus or
permitted substitute to entire surface of pool, pool surge tank. and start
filling the pool within 24 hour period; (13) all materials shall be mixed
with and applied with the proper equipment; (14) provide initial chemical
startup upon completion. (#20020876-Parks &
Recreation) |
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12. |
COUNTY ATTORNEY |
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ACTION REQUESTED: Approved continued use of the law firm of
Williams, Mullen, Clark & Dobbins through the persons of R. Stuart Broom,
Esq. and William (“Tracy”) Schwarzschild, Esq. for legal services relating to
the Lee County Waste-to-Energy Third Boiler Unit and Covanta, Inc.
Bankruptcy, up to $200,000.00. WHY ACTION IS NECESSARY: Expenditures for outside legal services above the
County Attorney’s and County Manager’s authorization levels must be approved
by the Board of County Commissioners. WHAT ACTION ACCOMPLISHES: Allows for continued use of outside legal services
for two essential matters involving Covanta, Inc. that require outside legal
representation in foreign (“out-of-state”) venues. (#20020924-County Attorney) |
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ACTION
REQUESTED: Approve
an Interlocal Agreement between Iona-McGregor Fire Protection and Rescue
Service District and Lee County. This
will be a cost to Lee County of $225,000 over a period of three years using
EMS Impact Fees. WHY
ACTION IS NECESSARY: The
Board of County Commissioners approves Interlocal Agreements. WHAT
ACTION ACCOMPLISHES: Provides
Lee County with much needed space for the use and benefit of emergency
vehicles in the event of a storm, civil emergency or forced lock down. (#20020554-County
Attorney) |
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ACTION REQUESTED: Approve Nuisance Abatement Interlocal Agreement
with the City of Bonita Springs to opt into the Lee County Nuisance Abatement
Ordinance and Program. WHY ACTION IS NECESSARY: The Board of County Commissioners must approve all
Interlocal and Intergovernmental Agreements. WHAT ACTION ACCOMPLISHES: County and Sheriff agree to make the Nuisance
Abatement Board available to hear and decide cases that have occurred within
the City of Bonita Springs.
(#20020943-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). (#20020903-Clerk of
Courts) |
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ACTION REQUESTED: Present 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.
(#20020904-Clerk of Courts) |
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August 27, 2002
1. |
COUNTY
ADMINISTRATION |
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2. |
CONSTRUCTION AND
DESIGN |
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3. |
COUNTY
COMMISSIONERS |
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4. |
COMMUNITY
DEVELOPMENT |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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7. |
PUBLIC SAFETY |
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8. |
SOLID
WASTE-NATURAL RESOURCES |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: Consider
authorizing the County’s use of Kissinger Campo & Associates (KCA)
to provide professional engineering services in a manner similar to the
terms and conditions contained in the 7/8/02 Settlement Agreement between
the Florida Department of Transportation (FDOT) and KCA. WHY
ACTION IS NECESSARY: It
is appropriate for the Board to consider whether they wish to continue
using KCA to provide professional engineering services to the County after
the filing of a lawsuit by the state against KCA. WHAT
ACTION ACCOMPLISHES: The
County will make an informed decision as to whether or not it should
continue business with KCA in the same manner as the FDOT is doing
pursuant to the Settlement Agreement.
(#20020915-Transportation) |
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ACTION
REQUESTED: Approve
a change in the proposed transportation CIP to add $2 million in ad
valorem funds to CIP Project #6024-65 in FY 02/03 and amend the proposed
FY02/03-06/07 CIP accordingly. WHY
ACTION IS NECESSARY: Board
approval of future year CIP changes is necessary prior to September 5th
budget hearing. WHAT
ACTION ACCOMPLISHES: Authorizes
change to proposed CIP consistent with previous Board direction.
(#20020918-Transportation) |
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10. |
UTILITIES |
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11. |
PARKS AND
RECREATION |
12. |
COUNTY ATTORNEY |
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ACTION
REQUESTED: Approve
the Resolution of Necessity for the acquisition and condemnation of
Parcels 100 through 163, required for the Palmetto Avenue Extension
Project, No. 4073. WHY
ACTION IS NECESSARY: The
Board must formally approve the Amended Resolution of Necessity prior to
proceeding with condemnation of parcels necessary for the project. WHAT
ACTION ACCOMPLISHES: Allows
the County to proceed with condemnation, if necessary, so parcels can be
acquired for the Palmetto Avenue Extension Project, No. 4073.
(#20020762-County Attorney) |
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ACTION
REQUESTED: Approve
certain administrative adjustments related to the implementation of Lee
County Resolution 92-09-51, “Agreement and Guidelines Between Lee County
and Court Services, now “Court Administration”.”
Approve use of County F.E.I.N. for Court Administration “County
Court” employees, for federal and state reporting purposes only
and other articulated adjustments. WHY
ACTION IS NECESSARY: Over
the course of the past 10 years, certain administrative circumstances have
changed with respect to reporting certain matters between the Clerk of
Courts and Court Administration. WHAT
ACTION ACCOMPLISHES: Provides
authorization for certain administrative matters between the Clerk of
Courts and Court Administration to be revised, updated and corrected to
reflect current procedures for reporting, accounts management and
auditing. (#20020932-County
Attorney) |
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13. |
HEARING EXAMINER |
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14. |
PORT AUTHORITY |
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15. |
CONSTITUTIONAL
OFFICERS
August 27, 2002
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5:00
PM |
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Public
Hearing |
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ACTION REQUESTED: Conduct a Public Hearing to consider and adopt an
amendment to Lee County Ordinance 98-08, relating to the Heron’s Glen
Recreation District. WHY ACTION IS NECESSARY: A Public Hearing is required to amend 98-08. WHAT ACTION ACCOMPLISHES: Amend Section 4 of 98-08 (amended by 98-18),
providing for members of the Board of Supervisors to begin serving their term
of office on April 1st of the year in which they are elected. (#20020921-County Attorney) |
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Public
Hearing |
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ACTION REQUESTED: Conduct Public Hearing for Board to adopt and
certify by Resolution, the Residential and Commercial Solid Waste Annual
Special Assessment Rolls, and MSTU Tax Roll for collection by the Lee County
Tax Collector for Fiscal Year 2002-2003, pursuant to the Uniform Method of
Collection for Non-Ad Valorem Special Assessments under Section 197.3632,
Florida Statutes. WHY ACTION IS NECESSARY: Lee County Ordinances 00-20 and 96-09, both as
amended, Florida Administrative Code, and County Administrative Code Policies
and Procedures for implementation of the Residential and Commercial Mandatory
Solid Waste Collection and Disposal Program require adoption and
certification by Resolution of the Annual Special Assessment Roll and MSTU
Tax Rolls to the Tax Collector for collection. WHAT ACTION ACCOMPLISHES: Complies with Lee County Ordinances 00-20 and
96-09, both as amended, Florida Administrative Code and Lee County
Administrative Code Policies and Procedures which provide for collection of
the Solid Waste Special Assessments and MSTU Millage for Fiscal Year 2002-2003
by the Lee County Tax Collector; pursuant to the Uniform Method of Collection
for Non-Ad Valorem Special Assessments under Section 197.3632, Florida
Statutes. (#20020911-Solid Waste) |
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Public Hearing |
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ACTION REQUESTED: Adopt replacement ordinance for Lee County
Blasting Ordinance No. 99-07. WHY ACTION IS NECESSARY: Two public hearings are required under Florida
Law. WHAT ACTION ACCOMPLISHES: Allows for discussion and public input on proposed
amendments. (#20020367-County
Attorney) |
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5:05
PM |
Public
Presentation of Matters by Citizens |
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Adjourn |