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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 |
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Donald D. Stilwell, County Manager |
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James G. Yaeger, County
Attorney |
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September 10, 2002 |
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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
AM |
Invocation: |
Dr. Dan Lamont |
First
Presbyterian Church |
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Pledge
of Allegiance |
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Presentations: |
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(Commissioner
St. Cerny-#20021007) |
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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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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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ACTION
REQUESTED: To hold a public hearing on September 10, 2002 at
10:00 o’clock, a.m., or as soon thereafter as the matter may be heard, during
the regular Board Meeting to discuss the use of funds related to the Local
Law Enforcement Block Grant and authorize the grant award. (#20020989-Budget Services) |
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Adjourn
until 5:00 PM |
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September
10, 2002
1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Approve award of Proposal #P-020546, Aircraft Hull
& Liability Insurance on the EMS helicopter, for the Risk Management
office, to the sole vendor who submitted a proposal, NationAir Insurance
Agency Inc. The total cost for
insurance for one year is $98,754.00 and the coverage would be effective from
10/1/02 to 9/30/03. Also, request
authority to renew this coverage through this vendor for four additional
one-year periods, upon mutual agreement of both parties. WHY ACTION
IS NECESSARY: To provide continuous insurance coverage on the
EMS helicopter for physical damage and liability. WHAT ACTION
ACCOMPLISHES: The EMS helicopter provides a valuable service to
the County and is a substantial asset that should be insured against loss and
liability. (#20020958-Risk
Management) |
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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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ACTION REQUESTED: Approve submission to the State Office on
Homelessness, Tallahassee, of Lee County’s Homeless Continuum of Care
Homeless Housing Assistance Grant FY 2003.
Authorize Chairman to sign Cover Letter and Certifications, and 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
Housing Assistance Grant competition WHAT ACTION ACCOMPLISHES: Allows Lee County to apply for state competitive grant funding for a 16 bed transitional housing facilities for homeless families and women by the Salvation Army. (#20020995-Human Services) |
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6. |
INDEPENDENT |
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ACTION REQUESTED: Approve the proposed pay plan for fiscal year
2002-2003, effective October 3rd, 2002. Funding has been provided in the new budget. WHY ACTION IS NECESSARY: To maintain competitive pay grades and salary
ranges consistent with good compensation practices compared to the change in
the Consumer Price Index (CPI) from July 1ST of 2001 through June
30TH of 2002 as well as the 2002 Lee County Annual Salary Survey. WHAT ACTION ACCOMPLISHES: Maintains ability to attract retain and motivate
employees. (#20020980-Human
Resources) |
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ACTION
REQUESTED: Approve award of Quote # Q-020575 for Lumber and
Plywood, for all County Departments, to the low quoter meeting all
specification requirements, Hughes Supply Inc., at the mark up percentages
given on the attached quote tabulation sheet (attachment # 1). It is estimated that the annual
expenditures will be approximately $70,000.
The initial term of this agreement is for one year. Also request the
Board’s approval to renew for four additional one-year periods at the
expiration of the current one-year term if in the best interest of the
County. Funding will come from each
individual departments budget and they will be responsible for monitoring
their own expenditures. WHY ACTION
IS NECESSARY: According to Section 9.4.1 of the Lee County
Purchasing and Payment Procedures Manual, approved by the Board on 3/21/00,
purchases over the $50,000.00 must be approved by the Board. WHAT ACTION
ACCOMPLISHES: Establishes competitive pricing for the purchase
of Lumber and Plywood on an annual basis.
(#20020986-Purchasing) |
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7. |
PUBLIC SAFETY |
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ACTION REQUESTED: Approve and execute the Emergency Management
Preparedness and Assistance (EMPA) Base Grant Agreement #03BG-04-09-46-01-036
with the Florida Department of Community Affairs which provides a $103,196
grant to enhance the county=s emergency management program. Approve Budget Amendment Resolution in the
general fund for FY03 in the amount of $103,196. WHY ACTION IS NECESSARY: State law requires Board approval of allocation
before expenses can be applied against the grant funding. WHAT THE ACTION ACCOMPLISHES: Furnishes funding to improve the county=s emergency program in a manner
consistent with the State Emergency Management Plan and supporting
programs. (#20020998-Emergency
Management) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION
REQUESTED: Approve and execute Amendment No. 3 to Agreement
No. C-10866, South Lee County Watershed Study – Implementation of
Recommendations, between the South Florida Water Management District and Lee
County thereby extending the contract through March 30, 2004. This agreement is more commonly referred
to as Removal of the No-Rails Bridge on Orr Road. WHY ACTION
IS NECESSARY: All agreements and amendments thereto require
approval by the Board of County Commissioners. WHAT ACTION
ACCOMPLISHES: Provides for contract extension through March 30,
2004. (#20021003-Natural Resources) |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: Accept for maintenance an extension of Second
Street in the Westgate Airpark development of Lehigh Acres and the deeds
transferring the right-of-way to Lee County.
Located in the Southwest ¼ of Section 30 Township 44 South Range 26
East. WHY ACTION
IS NECESSARY: In accordance with the Administrative Code 11-7,
the Board can accept a road for maintenance and also accept deeds
transferring ownership of the road. WHAT ACTION
ACCOMPLISHES: Board acceptance concludes the final step in the
Road Maintenance Policy, AC-11-7, authorizes the recording of the deeds in
the public records and notifies the public that the Department of
Transportation is now responsible for the maintenance of the road. (#20020960-Transportation) |
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ACTION
REQUESTED: Concur with the selection of Consultants by the
Competitive Negotiations Committee for CN-02-21, MISCELLANEOUS LANDSCAPE
ARCHITECTURAL SERVICES, and authorize staff to negotiation hourly rates and
other reimbursable expenses with the following six (6) selected firms: A Gail
Boorman & Associates, David M. Jones & Associates; Johnson
Engineering, Reynolds Smith & Hills, Vanasse & Daylor and Wilson,
Miller Inc., for a contract period of two (2) years with the option of
renewal for one (1) additional twelve (12) month period. Also, authorize Chairman on Behalf of the
board to execute the agreements upon final negotiations. WHY ACTION IS NECESSARY: Pursuant to the Contract Manual for Professional
Services approved by the Board on September 25, 2002, the Board is required
to approve all Consultant selections. WHAT ACTION ACCOMPLISHES: Provides the County with several consultants on
contract that can provide professional landscape architectural services. (#20020965-Transportation) |
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10. |
UTILITIES
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ACTION
REQUESTED: Approve final acceptance, by Resolution, and
recording of two (2) utility easements, as a donation of a water main and a
gravity main extension serving Lake
Pointe Commons. This is a
developer contributed asset project located on the south side of West College
Pointe Drive, approximately 800’ east of McGregor Boulevard. WHY ACTION
IS NECESSARY: To provide potable water
service, fire protection and sanitary sewer service to the recently
constructed commercial buildings. WHAT ACTION
ACCOMPLISHES: Places the water and sewer mains into operation
and complies with the Lee County Utilities Operations Manual. (#20020905-Utilities) |
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ACTION REQUESTED: Approve construction of water and gravity main
extensions serving Bellamar at Beachwalk–Phase 1. This is a Developer
contributed asset project located on the southwest side of Gladiolus Drive
and Pine Ridge Road. WHY ACTION IS NECESSARY: To provide potable water, fire protection and
sanitary sewer service to the first phase of the condominium development that
consists of 136 units. WHAT ACTION ACCOMPLISHES: Complies with the Lee County Utilities line
extension policy and provides adequate utility infrastructure to support
development of this phase.
(#20020906-Utilities) |
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ACTION REQUESTED: Approve construction of one 6” diameter fire line,
one fire hydrant, and a gravity main extension serving ‘HORNER MILLWORKS
a/k/a S FLORIDA MILLWORKS. This is a
Developer contributed asset project located on Technology Court, which is on
the south side of Ben C. Pratt Six Mile Cypress Parkway, approximately ¼ mile
west of Metro Parkway. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to the proposed industrial building. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual.
(#20020934-Utilities) |
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ACTION REQUESTED: Approve final acceptance, by Resolution, as a
donation of a fire hydrant serving Brantley Commons - Lot 3. This is a Developer contributed asset
project located on the northeast corner of Summerlin Road and Brantley Road. WHY ACTION IS NECESSARY: To provide fire protection to the recently constructed office building. WHAT ACTION ACCOMPLISHES: Places the fire hydrant into operation and
complies with the Lee County Utilities Operations Manual. (#20020936-Utilities) |
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ACTION REQUESTED: Approve final acceptance, by Resolution, and
recording of one utility easement as a donation for one 8” diameter fire line
serving Lenny’s Furniture Warehouse Expansion. This is a Developer contributed asset project located on the
east side of South Tamiami Trail approximately 800’ North of Briarcliff Road. WHY ACTION IS NECESSARY: To provide fire protection to the recently
expanded commercial building. WHAT ACTION ACCOMPLISHES: Places the fire line into operation and complies
with the Lee County Utilities Operations Manual. (#20020948-Utilities) |
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ACTION REQUESTED: Approve final acceptance, by Resolution, and
recording of a Utility Easement as a donation for one fire hydrant Metro 88
S/D – Lot 4. This is a Developer
contributed asset project located on the west side of Metro Parkway approximately
1 mile north of Daniels Road. WHY ACTION IS NECESSARY: To provide fire protection to the recently
constructed Commercial building. WHAT ACTION ACCOMPLISHES: Places the fire hydrant into operation and
complies with the Lee County Utilities Operations Manual. (#20020949-Utilities) |
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11. |
PARKS AND RECREATION |
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ACTION
REQUESTED: Approve and authorize the “Memorandum of
Right-of-Way Consent Agreement” between Florida Power and Light Company and
Lee County. WHY ACTION
IS NECESSARY: The Metro Parkway Extension mitigation project
encompasses a section of FPL “Right of Way” within the Six Mile Cypress
Slough Preserve. WHAT ACTION
ACCOMPLISHES: Lee County will enter into an agreement with FPL
to obtain the “Right of Way” for exotic vegetation removal within the
mitigation site for Metro Parkway extension.
(#20020978-Parks and Recreation) |
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12. |
COUNTY ATTORNEY |
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ACTION REQUESTED: Approve and execute Interlocal Agreement with
Hendry County for the pro-rata sharing for Medical Examiner costs between Lee
County and Hendry County. WHY ACTION IS NECESSARY: Board approval is required for entering into
Interlocal Agreements. WHAT ACTION ACCOMPLISHES: Allows Lee and Hendry Counties to pro-rate and
allocate the costs of facilities and services of the District 21 Medical
Examiner. (#20020974-County Attorney) |
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ACTION REQUESTED: Adopt a resolution pertaining to SWFIA DRI in
accordance with condition II.H.6.c of the Fourth DRI Amendment; direct staff
to pursue incorporation of the Airport Master Plan Update into the Lee Plan
Transportation Element as one of the two annual amendments allowed under F.S.
§163.3187(1); approve and execute a Memorandum of Understanding between the
County and Lee County Port Authority establishing interagency coordination
for purposes of Airport Master Plan updates and Lee Plan amendments
incorporating future Airport Master Plan Update. WHY ACTION IS NECESSARY: Condition II.H.6.c. of the current SWFIA DRI
allows the Board to adopt a resolution to provide relief from the requirement
to submit a substantial deviation NOPC pertaining to the Midfield Terminal in
the event Florida legislature adopts statutory amendments allowing airports
to be excused from compliance with F.S. Ch. 380; the MOU provides the basis
for interagency staff coordination necessary to amend the Lee Plan to fully
incorporate the Airport Master Plan Update, which is a necessary precursor to
extinguishing the SWFIA DRI DO in accordance with recent statutory
amendments. WHAT ACTION ACCOMPLISHES: It relieves Airport from compliance with immediate
NOPC submittal requirement; establishes coordination guidelines for County
and Airport staff regarding Airport Master Plan Updates and Lee Plan
Amendment processes; recognizes Airport as an integral facet of Lee County’s
transportation infrastructure.
(#20020976-County Attorney) |
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ACTION REQUESTED: Approve and execute Interlocal Agreement for the
sharing of Medical Examiner costs between Lee and Glades Counties. WHY ACTION IS NECESSARY: The Board of County Commissioners must approve all
Interlocal Agreements. WHAT ACTION ACCOMPLISHES: Allows for allocation of costs for facilities and
services of the District 21 Medical Examiner. (#20020832-County Attorney) |
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ACTION REQUESTED: Consider approval of Amendment No. 2 to the
Interconnection Agreement between Florida Power & Light Company (FPL) and
Lee County for connection to the Waste-to-Energy facility, relating to
corrected verbiage for insurance and indemnification. WHY ACTION IS NECESSARY: All contracts, agreements and the amendments
thereto must be approved by the Board of County Commissioners at a regular
meeting. WHAT ACTION ACCOMPLISHES: Revises and restates the insurance and
indemnification provisions of the Interconnection Agreement between FPL and
Lee County for the County’s connection of the Waste-to-Energy facility to the
FPL grid. (#20020991-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). (#20020992-Clerk of
Courts) |
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ACTION
REQUESTED: Approval of the following Minutes of the Board of
County Commissioners Meetings: October 24, 2000 (Regular); August 29, 2001
(Comp Plan); August 29, 2001 (Pay Plan Workshop); March 18, 2002 (Zoning);
April 01, 2002 (Zoning); May 06, 2002 (Zoning); May 28, 2002 (Board/Directors
Workshop); June 03, 2002 (Management & Planning); June 03, 2002 (Zoning);
July 01, 2002 (Management & Planning); July 10, 2002 (Budget Workshop);
August 05, 2002 (Zoning); August 05, 2002 (Management & Planning). (#20020993-Clerk of Courts) |
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September
10, 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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ACTION REQUESTED: Board to determine and award the appropriate
performance (merit) increases for the Contract Employees (County Manager,
County Attorney, Chief Hearing Examiner, and Hearing Examiner) based on the
individual evaluations completed by each Commission member. WHY ACTION IS NECESSARY: To remain consistent with the County philosophy of
pay-for-performance throughout the entire employee team. WHAT ACTION ACCOMPLISHES: This will reinforce the fact the Board supports pay-for-performance throughout the organization regardless of the employee’s level, and it rewards the Contract Employees for their performance and contributions to the organization in fiscal year 2001-2002. (#20020902-Human Resources) |
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7. |
PUBLIC SAFETY |
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ACTION
REQUESTED: Adopt a resolution to approve changing a portion
of a street name: as recorded in O.R. 3114 / PG 2671 & 2679 and O.R.
2868/ PG 2279 aka Miromar Outlets. WHY ACTION
IS NECESSARY: Changes to existing recorded street names requires
Board approval. WHAT ACTION
ACCOMPLISHES: This will provide street name association for
Miromar Outlets assisting the public with I-75 exit information. (#20020988-E-911) |
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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: Direct staff to move ahead with adoption process
for the proposed Communication Tower Master Plan and Ordinance; authorize
publication of proposed Master Plan and Ordinance; and direct the package to
public hearings for adoption.
Recommended hearing dates are as follows: LDC Advisory Committee
(LDCAC): Sept. 13, 2002; Executive Regulatory Oversight Committee (EROC):
Sept. 18, 2002; Local Planning Agency (LPA): Sept. 23, 2002; First Public
Hearing: Oct. 8, 2002; Second Public Hearing: Oct. 22, 2002. WHY ACTION IS NECESSARY: Public Hearings are necessary to adopt amendments
to the LDC. WHAT ACTION ACCOMPLISHES: Set hearing dates before the LDCAC, EROC, LPA and
Board of County Commissioners.
(#20020985-County Attorney) |
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ACTION
REQUESTED: Approve proposed changes to the County Attorney’s
Office Pay Plan effective October 3, 2002.
Funding is subject to budget process and appropriation. WHY
ACTION IS NECESSARY: For the County Attorney’s Office Pay Plan to
include the 1.1% CPI increase (or such other CPI increase the Board approves
for county employees) to the minimum/maximum attorney salary ranges,
reclassify support staff positions, and adopt updated office salary ranges. WHAT
ACTION ACCOMPLISHES: Updates the County Attorney’s Office Pay Plan with
new minimum/maximum attorney salary ranges and reclassifies support staff
positions. (#20020977-County
Attorney) |
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ACTION REQUESTED: Request approval of settlement offer from W.C.
Roese Contracting, Inc. as part of the County’s receipt of $12,394.11 in
payment for property damage caused to County utilities at US 41 and Littleton
Road on September 28, 1998. WHY ACTION IS NECESSARY: Board of County Commissioners’ approval is
required for settlement offers. WHAT ACTION ACCOMPLISHES: Releases W.C. Roese Contracting from any further liability to the County for a $12,394 payment to County due to damages caused to County utilities by W.C. Roese Contracting. (#20021000) |
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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: Adopt a Resolution on Petition #VAC2002-00023 to
Vacate a 12’ wide Public Utility Easement on the common lot line between
Tracts G & M of the College Pointe Plat, Plat Book 62, Page 76, Lee
County, Florida. WHY ACTION
IS NECESSARY: To develop a commercial site. The vacation of the Public Utility Easement will not alter existing
utilities and the easement is not necessary to accommodate any future utility
requirement. WHAT ACTION
ACCOMPLISHES: Vacates the Public Utility Easement. (S16-T45S-R24E) (#2) (#20020947-Development Services) |
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Public
Hearing |
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ACTION REQUESTED: Adopt a resolution on Petition VAC2002-00003 to
vacate a portion of a 110' wide right-of-way known as Old Pondella Road
extending from the intersection with the southern edge of the right-of-way of
State Route 78 (Pine Island Road) to a line approximately 250 south
therefrom; in the Southwest Quarter of Section 5, Township 44 South, Range 24
East, Lee County, Florida and accept a replacement public utility easement. WHY ACTION IS NECESSARY: To allow for more flexibility in developing this
commercial property. The
vacation of this right-of-way will not alter existing drainage or utilities;
nor is this right-of-way necessary to accommodate any future drainage or
utility requirements. “New”
Pondella road has effectively replaced this right-of-way and made it
redundant. A twenty-foot wide public
utility easement is to be granted to Lee County Utilities along with this
vacation to cover an existing water main. WHAT ACTION ACCOMPLISHES: Vacates the right-of-way and accepts a replacement
public utility easement. S5-T44S-R24E
(#4) (#20021002-Development
Services) |
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Public
Hearing |
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ACTION
REQUESTED: Adopt
a resolution on Petition VAC2002-00025 to vacate a 12' Public Utility
Easement located between the common lot line of lots 8 & 9, and 12 &
13, Block 94, Lehigh Acres, as recorded in Plat Book 15, Page 91 of the
Public Records of Lee County Florida, Section 35, Township 44, Range 26, less
and except the north and south 6' thereof. WHY
ACTION IS NECESSARY: To
build a Single family residence. The
vacation of the public utility easement will not alter or otherwise impact
existing utilities or drainage, and is not necessary to accommodate future
drainage or utility requirements. WHAT
THE ACTION ACCOMPLISHES: Vacates
the easement. S35-T44-R26 (#3)
(#20021009 – Development Services) |
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Public
Hearing |
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ACTION
REQUESTED: Adopt
a resolution on Petition to Vacate VAC2002-00027 to vacate a 12 foot Public
Utility Easement located between the common lot line of lots 22 & 23, and
23 & 24, Lehigh Acres, as recorded in Plat Book 15, Page 9 of the Public
Records of Lee County Florida, Section 8, Township 44, Range 27, less and
except the east & west 6' thereof. WHY
ACTION IS NECESSARY: To
build a Single family residence. The
vacation of the public utility Vacation of the easement will not alter or
otherwise impact existing utilities or drainage, and is not necessary to
accommodate future drainage or utility requirements. WHAT
THE ACTION ACCOMPLISHES: Vacates
the easement. S8-T44-R27 (#3)
(#20021008-Development Services) |
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Public
Hearing |
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ACTION
REQUESTED: Conduct a Public Hearing and adopt a Resolution to
create the Country/Triple Crown Court Waterline MSBU. Approve related budget amendment and
Resolution of Intent to Reimburse. WHY ACTION
IS NECESSARY: Public Hearing is a legal requirement in the
consideration of the creation of a Municipal Services Benefit Unit. WHAT ACTION
ACCOMPLISHES: Provides an opportunity of public input. Satisfies the legal requirements of the
Florida Statutes and County Ordinance to proceed with the acquisition and
construction of an MSBU project.
(#20020862-MSTBU Services) |
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5:05PM |
Public
Presentation of Matters by Citizens |
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Adjourn |
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