District #1 Bob
Janes
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District #2 Douglas St. Cerny |
District #3 Ray
Judah
Chairman |
District #4 Andrew W. Coy |
District #5 John E. Albion Vice-Chairman
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Donald D. Stilwell, County Manager |
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James
G. Yaeger, County Attorney |
June 10, 2003 |
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
James Wade |
Central
United Methodist 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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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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June
10, 2003
1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Approve the attached list of Public Official
Faithful Performance Bonds WHY ACTION
IS NECESSARY: To comply with the provisions of F.S. 137.05. WHAT ACTION
ACCOMPLISHES: Assures compliance with above provisions. (#20030609-County Administration) |
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ACTION
REQUESTED: Adopt
a resolution supporting “no reduction in the current Untied States tariff on
imported citrus products” as recommended by the horizon Council. WHY ACTION
IS NECESSARY: The Citrus Industry in Florida is an integral part
of Florida’s economy within the Citrus Industry and many affiliated
businesses. WHAT ACTION
ACCOMPLISHES: Supports the Florida Citrus industry. (#20030632-Economic Development) |
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ACTION
REQUESTED: Adopt a resolution to amend membership of the
Horizon Council. WHY ACTION
IS NECESSARY: To create up to 6 additional Horizon Council
membership positions to be filled from time to time based on the
recommendation of the Horizon Council Executive Committee and approved by the
Horizon Council General Membership. WHAT ACTION
ACCOMPLISHES: Amends the membership of the Horizon Council from
56 to 62. (#20030636-Economic
Development) |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION
REQUESTED: Approve Addendum to the Construction Manager
Agreement, for RFQ-02-03 Lee County Constitutional Complex, with Casey
Construction (Contract #2071) to include the Guaranteed Maximum Price (GMP)
for Phase III Construction in the amount of
$1,198,863.10 (which includes the 7% CM Fee). At this time it is being requested that
the Board approve waiving of the formal process (if needed) and authorize the
use of the Direct material Purchase Orders based on CM’s competitive process,
which allows the County to purchase directly from suppliers of equipment
and/or materials as a cost/time saving measure. Also, approve a Budget Resolution in the amount of $358,865
for the Lee County Tax Collector’s contribution to the renovation of the
complex and amend FY 02/03 – 06/07 CIP accordingly. WHY ACTION IS
NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: This project entails renovations to administrative
office areas of the Lee County Tax Collector, located on the second floor of
the Lee County Constitutional Complex.
The total affected second floor area encompasses approximately 28,000
square feet. The work will include
the reconfiguration and/or the installation of new architectural, structural,
plumbing, mechanical, fire protection, electrical, telecommunications and
security systems. (#20030646-Construction
& Design) |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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ACTION REQUESTED: Approve an amendment to an existing bonus density
contract with the Gardens at Bonita, Inc. concerning the Gardens of Bonita
development. WHY ACTION IS NECESSARY: Contract approval is required by Section
34-1516(h) of the Land Development Code (LDC) and by Administrative Code
13-12. WHAT THE ACTION ACCOMPLISHES: Allows the Board of County Commissioners to enter
into an amended Bonus Density Contract that allows the developer to exercise
the “Cash-contribution” option of the Bonus Density program for the approved
79 bonus density units at $4,000 per unit.
(#20030593-Planning) |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Approve purchase of Parcel 219A, Lee Boulevard
Widening to Leeland Heights, Project No. 4057, pursuant to the terms and
conditions as set forth in the Agreement for Purchase and Sale of Real
Estate; authorize the Chairman on behalf of the Board of County Commissioners
to sign the Agreement; authorize payment of necessary fees and costs 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 and approve all amendments to CIP. WHAT
ACTION ACCOMPLISHES: Acquires the property during the voluntary phase
of the project, thereby the Board avoids the need to exercise its power of
Eminent Domain at a future date.
(#20030588-County Lands) |
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ACTION
REQUESTED: Approve the acquisition of Parcel 317, for the
Three Oaks Parkway South Extension Project No. 4043, in the amount of
$155,000, pursuant to the terms and conditions set forth in the Agreement for
Purchase and Sale of Real Estate; authorize the Chairman on behalf of the
Board of County Commissioners to sign the Purchase Agreement; authorize
payment of necessary costs 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: The acquisition of property during the voluntary
phase of the project, thus avoiding the Board’s need to exercise its power of
Eminent Domain. (#20030589-County Lands) |
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ACTION REQUESTED: Approve the donation of a drainage easement
(Parcel 800.1) and a roadway easement (Parcel 801.1) to the Florida Department
of Transportation (FDOT) for the Metro Extension Project, F.P. No. 1957182,
authorize the Chairman on behalf of the Board of County Commissioners to
execute easement documents and authorize the Division of County Lands to
handle and sign closing forms and documents required by the Federal Highway
Administration for FDOT acquisition protocol. WHY ACTION IS NECESSARY: The Board must approve all conveyances of County
owned real estate. WHAT ACTION ACCOMPLISHES: Gives FDOT the right to construct or install roadway
and drainage improvements within and/or upon County owned property for the
Metro Extension Project.
(#20030290-County Lands) |
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ACTION
REQUESTED: Approve Amendment to original lease, #C-901153
with Captiva Civic Association to add 938 square feet of space at the
facility to the existing 2,531 square feet, bringing the total to 3,469
square feet, also increase the current rental amount from $17.96 per square
foot to $18.96 per square foot and amend Article XVII of the original lease
to make renewal of the lease a mutual agreement between Landlord and
Tenant. This facility is currently
occupied by the Lee County Library system.
All other conditions of the original lease will remain the same. WHY ACTION
IS NECESSARY: Board must approve all leases and amendments to
those leases. WHAT ACTION
ACCOMPLISHES: Brings original lease with Captiva Civic
Association current with the addition of the 938 square feet that the Library
is now occupying and the extra $1.00 per square foot to bring the lease rate more
in line with the space occupied. Also
brings renewal of the lease in the future under mutual agreement between
Landlord and Tenant.
(#20030641-Library) |
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7. |
PUBLIC SAFETY |
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ACTION REQUESTED: Authorize Chairman to approve a Certificate of
Public Convenience and Necessity (CON) to the Lee Memorial Health System, an
independent special district, to conduct advance life support (ALS) service
to neonatal and pediatric transports. WHY ACTION IS NECESSARY: Commission Chairman’s signature is required
to execute (CON). WHAT ACTION ACCOMPLISHES: Grants the applicant license to provide to provide
ALS service in accordance with State law and provision contained in Lee
County Ordinance 02-19.
(#20030615-Public Safety) |
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ACTION
REQUESTED: Approve the changes to Article 31 of the
Collective Bargaining Agreement between Lee County and IAFF Local 1826
representing Emergency Medical Service employees. WHY ACTION
IS NECESSARY: Board of County Commissioners approval is required
to ratify changes to collective bargaining agreements. WHAT ACTION
ACCOMPLISHES: Puts into place a new promotional program for Lee
County EMS paramedics and EMTs that uses seasoned EMS personnel as mentors to
pass along their knowledge to those wishing to advance their career in EMS.
(#20030650-Public Safety) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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9. |
TRANSPORTATION |
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ACTION REQUESTED: Approve the Roadway Lighting System Agreement with
the Florida Department of Transportation for roadway lighting on South
Tamiami Trail (US 41) from Gladiolus Drive to College Parkway. Also, approve the resolution authorizing
the Chairman to execute this Agreement. WHY ACTION IS NECESSARY: Requires the Board of County Commissioners
approval for agreements. WHAT ACTION ACCOMPLISHES: By agreeing to maintain the roadway lighting,
Florida Department of Transportation will proceed to install the roadway
lighting along this segment of South Tamiami Trail (US 41) at locations which
have had a high frequency of nighttime related crashes both vehicle-vehicle
and pedestrian-vehicle.
(#20030556-Transportation) |
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10. |
UTILITIES
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ACTION REQUESTED: Authorize the Chairman, on behalf of the BOCC, to execute Amendment No. 1 to the Interlocal Agreement between the Florida Department of Children and Family Services and Lee County, Florida to provide central water service to the Gulf Coast Center, which is located on the west side of Buckingham Road, approximately 3.8 miles south of Palm Beach Boulevard (S.R. 80). WHY ACTION IS NECESSARY: The existing on-site water treatment plant at the Gulf Coast Center is obsolete and in need of imminent replacement. WHAT ACTION ACCOMPLISHES: Connecting to central water
service will allow the decommissioning of the Center’s on-site water
treatment plant. (#20030309-Utilities) |
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ACTION REQUESTED: Authorize
the Chairman, on behalf of the BOCC, to sign the USEPA Lobbying and
Litigation Certificate which is required to be submitted with the final
Financial Status Report for the closeout of the Vulnerability Assessment
Study Grant Assistance Agreement and the Sub-License Agreement for the RAM-W
Vulnerability Assessment Training conducted by Malcolm Pirnie, Inc. WHY ACTION IS NECESSARY: Required
by each agency’s regulations. WHAT ACTION ACCOMPLISHES: Completes the
Vulnerability Assessment Study process.
(#20030627-Utilities) |
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ACTION REQUESTED: Approve construction of a
water distribution and gravity collection system serving Crystal Commerce Center. This is a Developer contributed asset and
the project is located on the south side of Crystal Drive between Metro
Parkway and Plantation Road. WHY ACTION IS NECESSARY: To provide potable water service, fire protection and sanitary sewer service to this proposed commercial subdivision. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual.
(#20030565-Utilities) |
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ACTION REQUESTED: Approve final acceptance
by Resolution and recording of one (1) Utility Easement as a donation of a
gravity main extension, two (2) 2’’ diameter fire lines, one (1) 1-1/2’’
diameter fire line, one (1) fire hydrant and three (3) water services serving
Shipyard
Villas. This is a developer contributed
asset project located on the northwest corner of North Key Drive and Beau
Drive. WHY ACTION IS NECESSARY: To provide potable water
service, fire protection and sanitary sewer service to the recently
constructed residential development. WHAT ACTION ACCOMPLISHES: Places the water and sewer systems into operation
and complies with the Lee County Utilities Operations Manual. (#20030611-Utilities) |
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ACTION REQUESTED: Approve construction of an
8’’ diameter water main extension serving Page Field T-Hangar and Multi-Use Hangar. This is a Lee County Port Authority
contributed asset and the project is located approximately 1,200’ west of
Metro Parkway and 1200’ north of Idlewild Road. WHY ACTION IS NECESSARY: To provide fire protection, to the proposed airplane hangars. WHAT ACTION ACCOMPLISHES: Complies with the Lee County Utilities Line Extension Policy and provides adequate water infrastructure to support development of the subject property. (#20030620-Utilities) |
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ACTION REQUESTED: Approve final acceptance,
by Resolution, as a donation for one 4” diameter fire line and one 6” sewer
service serving Leco Corporation
Warehouse. This is a Developer
contributed asset and the project is located on the east side of Technology
Court approximately 200 south side of Six Mile Cypress/Ben C. Pratt Parkway. WHY ACTION IS NECESSARY: To provide fire protection to the recently constructed
industrial building. WHAT ACTION ACCOMPLISHES: Places the fire line into operation and complies with the Lee County Utilities Operations Manual. (#20030612-Utilities) |
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11. |
PARKS AND RECREATION |
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12. |
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). (#20030617-Clerk of
Courts) |
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ACTION REQUESTED: Approve the spending of revenues collected for the
startup and operations of the Lee County Sheriff’s Office False Alarm
Reduction Unit. These expenditures
are for the administration and operational cost of the False Alarm Reduction
Unit for FY 02/03. It is estimated
that approximately $750,000 will be collected from the registration
application. WHY ACTION
IS NECESSARY: Board of County Commissioners approval is needed
for expenditures. WHAT ACTION ACCOMPLISHES: To provide the Lee County Sheriff’s Office with the Personnel and Operational Expenses to support the operations of the False Alarm Reduction Unit, based on Lee County Ordinance # 03-09. (#20030630-Sheriff) |
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June
10, 2003
1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Approval to finance the Transportation Facilities
Refunding Revenue Bonds Series 2003A, Transportation Facilities Revenue
Bonds, Series 2003B and Transportation Facilities Refunding Revenue Bonds,
Series 2003C as well as select Underwriters, Disclosure Counsel and Bond
Counsel for this issue. WHY ACTION
IS NECESSARY: Board must approve financing of Transportation
Facilities Refunding Revenue Bonds, Series 2003A, Transportation Facilities
Revenue Bonds, Series 2003B and Transportation Facilities Refunding Revenue
Bonds, Series 2003C. WHAT ACTION
ACCOMPLISHES: Provides financing of the Sanibel Causeway
replacement/rehabilitation, current refunding of the Series 1993A Bonds and
advance refunding of the Series 1995 Bonds for savings. (#20030629-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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ACTION
REQUESTED: Approve Bid Waiver #W-030541 to waive the formal
quotation procedure and allow the Lee County Division of Public Safety to
proceed with the remount/modular refurbishment of four (4) of its ambulances
at a cost of $372,460.00; and the modular refurbishment of three (3) of its
ambulances at a cost of $119,994.00 – total cost: $492,454.00. The work will
be performed by American LaFrance MedicMaster. A waiver has been requested to this vendor, the original
manufacturer of these ambulances, in order to keep the 20-year ambulance
modular warranty (provided at original purchase) valid. Also approve the expenditure of a
not-to-exceed amount of $75,000.00 to cover any unforeseen damage that may be
uncovered during the course of these procedures. WHY ACTION
IS NECESSARY: According to Section 9.4.1 of the Lee County
Purchasing & Payment Procedures Manual, approved by the Board on 7/9/02,
purchases over $50,000.00 must be approved by the Board. WHAT ACTION
ACCOMPLISHES: Allows Public Safety to maintain its ambulance fleet
to the prescribed standards; thus maintaining its response time reliability
and service to the public.
(#20030616-EMS) |
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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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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 VAC2003-00016 to
vacate a twelve-foot Public Utility Easement centered on the common lot line
between lots 19 and 20, Block 14, Unit 2, Lehigh Acres. WHY ACTION IS NECESSARY: To construct a Single Family Home in the center of
the two lots. 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 THE ACTION ACCOMPLISHES: Vacates the easement. (S15-T45S-R27E) (#5) (#20030604-Development Services) |
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Public
Hearing |
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ACTION REQUESTED: Approve a resolution to vacate a twelve-foot
Public Utility and Drainage Easement located between two lots in the Lehigh
Acres subdivision. WHY ACTION IS NECESSARY: To construct a single family home in the center of
the two lots. The vacation of the
public utility and drainage easements will not alter existing utilities or
drainage and the easements are not necessary to accommodate any future
utility or drainage requirement. WHAT THE ACTION ACCOMPLISHES: Vacates the easement. (S10-T45S-R27E) (#5)
(#20030621-Development Services) |
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Public
Hearing |
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ACTION
REQUESTED: Approve
a resolution to vacate a twelve-foot Public Utility Easement located on Lots
15 and 16, Metropolitan Business Park Subdivision. WHY
ACTION IS NECESSARY: To
construct a Commercial Building in the center of two lots. 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 THE ACTION ACCOMPLISHES: Vacates
the easement. (S19-T45S-R25E) (#5) (#20030624-Development Services) |
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Public
Hearing |
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ACTION
REQUESTED:
Conduct
a public hearing pursuant to Section 125.3401, F.S., to consider the adoption
of a County Resolution of Authorization for the County’s proposed defeasing
of outstanding bonds for the Gulf Environmental Systems’ ("GES")
water and wastewater facilities, associated lands and customers, located
within the GES franchise area, Lee County, Florida. Approve and authorize the Chairman to execute Transfer of
Assets documents with GES for the County’s acquisition of its water and
wastewater infrastructure lying within the GES franchise area of Lee
County. Consider, approve and authorize the incorporation of the GES
water and wastewater facilities, associated lands and customers into the Lee
County Utilities’ consolidated utility system as a part of that System upon
the County’s closing the GES on the System, currently scheduled to be Monday,
June 30, 2003. Consider, approve and authorize the application of the then‑adopted
Lee County Utility rates, fees and charges, to the GES customers within the
GES franchise as of October 1, 2003, with the "October, 2003"
billing by Lee County Utilities. Authorize the Chairman or the Vice‑Chairman
and County staff and consultants to perform all additional lawfully necessary
actions and execute all required documents consistent with the Board’s
directions for the acquisition of, and closing on, the GES water and
wastewater infrastructure, associated lands and customers within the GES
franchise area of Lee County. WHY ACTION
IS NECESSARY: Board of
County Commissioners’ approvals are required for the County’s acquisition of
a water and wastewater utility system, pursuant to General Law (Section
125.3401, F.S.). WHAT ACTION
ACCOMPLISHES: Provides the
appropriate forum for the necessary, required approvals and authorizations
for the County to continue with the process for the closing on the
acquisition of the water and wastewater treatment infrastructure, associated
lands and customers owned by GES, within the GES franchise area of Lee County.
(#20030645-County Attorney) |
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5:05
PM |
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Public
Hearing |
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ACTION REQUESTED: Conduct first public
hearing on proposed amendments to the Lee County Land Development Code
(LDC). After public hearing, direct
the ordinance to the second public hearing on June 24, 2003 at 5:05 p.m. WHY ACTION IS NECESSARY: Public Hearings are
necessary to adopt amendments to the LDC. WHAT
ACTION ACCOMPLISHES: Allows
for discussion and public input on proposed LDC amendments. (#20030639-County Attorney) |
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5:05
PM |
Public
Presentation of Matters by Citizens |
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Adjourn |
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