District #1 Bob Janes |
District #2 Douglas St. Cerny |
District #3 Ray
Judah
Chairman |
District #4 Andrew W. Coy |
District #5 John E. Albion Vice-Chairman |
Donald D. Stilwell, County Manager |
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James
G. Yaeger, County Attorney |
October 28, 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 Rosenburg |
First United Methodist Church |
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Pledge
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Recap |
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Public
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Motion
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Consideration
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Walk-ons
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Commissioners'
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County
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County
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Adjourn
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October 28, 2003
1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Authorize Budget Amendment Resolutions for the
receipt of up to $5,100,000 of bank proceeds from the refinancing of the Road
Improvement Refunding Revenue Bonds, Series 1993 by a Tax Exempt Term Note
from Wachovia Bank. WHY ACTION
IS NECESSARY: Budget Amendment Resolutions must be approved to
receive bank proceeds. WHAT ACTION
ACCOMPLISHES: Establishes the accounts necessary to receive bank
proceeds. (#20031215-County Administration) |
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ACTION
REQUESTED: Approve the award of Project # EX040002, the
purchase of Novell network products and GroupWise licensing and maintenance,
for Lee County ITG, at Florida State Contract pricing, from Software House
International. Grand total cost: $91,950.91. Per the contract, the pricing for this software may change on a
monthly basis. Therefore, Board
approval is requested to expend the additional monies – if necessary – to
complete this purchase. WHY ACTION
IS NECESSARY: Purchases over $50,000 must be approved by the
Board. WHAT ACTION
ACCOMPLISHES: Provides Lee County with licensing and maintenance
for the Novell software products currently in use (NetWare, GroupWise, and
ZenWorks) for the period of 10/1/03 through 9/30/04. (#20031172-County
Administration) |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION
REQUESTED: Approve waiving the formal process for BW-04-02 to
Aqua–Tight Systems for expenditures in the amount of $54,900.00 for the repair and coating of
Lee County Stadium roof beams. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Maintain the warranty of rust inhibitor product
used on accessible portion of bleacher covers at Lee County Stadium in
2000. (#20031221-Facilities
Management) |
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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: Fund Children’s Advocacy Center of Southwest
Florida, Inc. in the amount of $99,772 for the Clinical Treatment services
from October 1, 2003 – September 30, 2004.
Authorize the Chairman to sign the contract once complete. WHY ACTION
IS NECESSARY: To legally execute a contract with Children’
Advocacy Center to fund services for child victims of sexual abuse or
physical abuse. WHAT ACTION
ACCOMPLISHES: Provides County General funds for the Clinical
Treatment Program for children and their families. (#20031197-Human Services) |
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ACTION
REQUESTED: Authorize chairman to
sign the contracts for the 2003-2004 funding for state mandated mental health services,
substance abuse services, and initial medical exams for allegedly abused
children with the Ruth Cooper Center, Southwest Florida Addiction Services,
Inc. and Children’s Advocacy Center of Southwest Florida, Inc. respectively,
as adopted at the final public hearing on September 18, 2003. WHY ACTION
IS NECESSARY: To legally execute FY2004 contracts with the Ruth
Cooper Center, Southwest Florida Addiction Services, Inc. and Children’s
Advocacy Center of Southwest Florida, Inc. WHAT ACTION
ACCOMPLISHES: Provides county funding for state mandated mental
health services, substance abuse services, and medical exams for abused
children. (#20031196-Human Services) |
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ACTION
REQUESTED: Approve and execute a contract between the State
of Florida, Department of Health and the Lee County Board of County
Commissioners for services provided by the Lee County Health Department from
October 1, 2003 through September 30, 2004 which provides $1,110,000 in cash
and additional in kind resources. WHY ACTION
IS NECESSARY: To provide County funds in the amount of $1,110,000 for public health services,
retention of the County assessed portion of public health fees and other
revenues, and in-kind services. Funds
were approved during the Fiscal Year 2004 Budget Public Hearings. WHAT ACTION
ACCOMPLISHES: Provides County funding and support to the Lee
County Health Department.
(#20031193-Human Services) |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Approve Supplemental Task Authorization No.17 to
Contract #1863, to Water Resource Solutions, for CN-01-11 Miscellaneous
Utility Engineering Design and/or Inspection Services – Ben Hill Griffin Pkwy
Monthly Groundwater Monitoring, for continuation of the project in the amount
of $8,287.50 (with a total amount for the project of $51,771.50). WHY ACTION
IS NECESSARY: Board approval is required. WHAT ACTION
ACCOMPLISHES: Will enable the Consultant to continue with the
project known as Ben Hill Griffin Parkway Monthly Groundwater
Monitoring. (#20031208-Public
Resources) |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION
REQUESTED: Approve and execute Amendment No. 1 to Agreement
No. C-15375, Collection of Surface Water Quality in Lee County, between the
South Florida Water Management District and Lee County. The amendment extends the agreement
through Fiscal Year 2004 with additional funding in the amount of $6,200.00
for a total contract amount of $12,400.00.
The agreement requires sample collection by staff of the Environmental
Laboratory. WHY ACTION
IS NECESSARY: All agreements and amendments thereto require
approval by the Board of County Commissioners. WHAT ACTION
ACCOMPLISHES: Provides mechanism to reimburse Environmental
Laboratory for operating expenses incurred in collection of surface water
quality samples for this contract.
(#20031202-Natural Resources) |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: Approve award of Quote # Q-030680, Landscape
Maintenance of Medians for Various Locations - DOT for the Department of
Transportation-Operations to the low quoters per sections meeting all
specification requirements P & T Lawn and Tractor Service and James
Kennedy Lawn Service. The initial contract period will be until January 31,
2005. Also request authority to renew this quote for four additional one-year
periods upon mutual agreement of all parties. Additionally request of the
Board the authority in the event that one of the parties is unable to comply
with our specifications that the entire award can be given to the party that
is in compliance with our requirements. WHY ACTION
IS NECESSARY: Formal quote projects that exceed $50,000 require
Board approval. WHAT ACTION
ACCOMPLISHES: Provides a competitive, fair market price for
median maintenance for DOT.
(#20031135-Transportation) |
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ACTION REQUESTED: Approve Memorandum of Agreement from the Florida
Department of Transportation for $1,500,000.00 interest free loan from the
Toll Facilities Revolving Trust Fund. Also, approve Authorizing Resolution
and Budget Amendment Resolution for the Chairman to execute on behalf of the
BOCC. Also, amend FY 04-08 Capital Improvement Program for partial funding
for the design of a replacement for the existing Sanibel Island Causeway
(CT867) Structure A. WHY ACTION
IS NECESSARY: Requires BOCC approval for agreements and resolutions. WHAT ACTION
ACCOMPLISHES: Allows Department of Transportation interest free
money for the design of the Sanibel Island Causeway Improvements, Structure
A. (#20031201-Transportation) |
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ACTION REQUESTED: Execute Extension of
Agreement with Lehigh Corporation to improve traffic circulation within
Lehigh Acres by constructing two segments of a roadway designed to complete a
continuous roadway from the intersection of Beth Stacy Boulevard and 23rd
Street to Milwaukee Boulevard at Homestead. WHY ACTION IS NECESSARY: To extend the agreement for
one year for construction of roadway improvements to connect Beth Stacey
Boulevard to Milwaukee Boulevard. WHAT
ACTION ACCOMPLISHES: Extends
agreement for one year for construction of an East/West Corridor in Lehigh
that expires on October 30, 2003.
(#20031225-Transportation) |
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10. |
UTILITIES |
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ACTION
REQUESTED: Approve for acceptance and filing with the Clerks
Office, Minutes Department, and an after-the-fact emergency under E-03-08,
GES Resolution No. 03-07-08 for STA
No. 2, Miscellaneous Utility Engineering Design and/or Inspection Services,
to MWH Americas, (Contract No. 1869), for the Three Oaks Wastewater Treatment
Plant Upgrade – Phase I, in the amount of $719,915.00 WHY ACTION
IS NECESSARY: Board approval is required. WHAT ACTION
ACCOMPLISHES: Provides after-the-fact approval under the
emergency GES Resolution for STA No. 2 for the project known as the Three
Oaks Wastewater Treatment Plant Upgrade to MWH Americas in the amount of
$719,915.00. (#20031212-Utilities) |
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ACTION
REQUESTED: Approve for acceptance and filing with the Clerks
Office, Minutes Department, and an after-the-fact emergency under E-03-08,
GES Resolution No. 03-07-08 for STA
No. 4, Miscellaneous Utility Engineering Design and/or Inspection Services,
to TKW Consulting Engineers Inc., (Contract No. 1862), for the Waterway
Estates Reuse Storage Tank, in the amount of $85,000.00. WHY ACTION
IS NECESSARY: Board approval is required. WHAT ACTION
ACCOMPLISHES: Provides after-the-fact approval under the
emergency GES Resolution for STA No. 4 for the project known as Waterway
Estates Reuse Storage Tank to TKW Consulting Engineers in the amount of
$85,000.00. (#20031211-Utilities) |
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ACTION
REQUESTED: Approve for acceptance and filing with the Clerks
Office, Minutes Department, and an after-the-fact emergency under E-03-08,
GES Resolution No. 03-07-08 for STA No.16,
Miscellaneous Utility Engineering Design and/or Inspection Services, to Water
Resource Solutions, (Contract No. 1863), for the Pinewoods Class I Injection
Well System and RO Wellfield I, in the amount of $952,444.00. WHY ACTION
IS NECESSARY: Board approval is required. WHAT ACTION
ACCOMPLISHES: Provides after-the-fact approval under the
emergency GES Resolution for STA No. 16 for the project known as the
Pinewoods Class I Injection Well System and RO Wellfield toWater Resource
Solutions in the amount of $952,444.00.
(#20031213-Utilities) |
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11. |
PARKS AND RECREATION |
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ACTION
REQUESTED: Approve waiving of the formal process for BW-04-01
for approximately 100 officials for the Gene Cusic Collegiate Classic and
other events throughout the Fiscal Year 2003-2004, with an estimated
expenditures of $250,000.00. Also,
authorize the Director of Parks & Recreation on behalf of the Board to
execute each individual Contract with the Independent Contractors. WHY ACTION IS NECESSARY: Board approval is required. WHAT ACTION ACCOMPLISHES: Provides the Parks & Recreation Division with
officials for the various college baseball, softball games, and VCB
games. (#20031214-Parks and
Recreation) |
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12. |
COUNTY ATTORNEY |
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ACTION
REQUESTED: Approve release of a former or unbuilt frontage
road located in the northeast quadrant of the intersection of US 41 and Ben
C. Pratt/Six Mile Cypress Parkway; authorize the Chairman to execute a
Release of Easement for this purpose; and authorize the County Attorney’s
Office to handle and complete all documentation necessary for this
transaction. Accept an easement grant
for frontage road that is configured to accommodate further development at
same project. WHY ACTION IS NECESSARY: The property owners of the underlying fee have
requested a release of the frontage road easement in accordance with §255.22,
F.S. and Board of County Commissioners must accept reconfigured easement for
frontage road. WHAT ACTION ACCOMPLISHES: Releases to the respective property owners the
County’s interest in the former or unbuilt frontage road not being utilized
at this location and provides a reconfigured easement for frontage road
purposes. (#20031093-County Attorney) |
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ACTION REQUESTED: Amend Lee County Resolution
92-07-01, eliminating the collection of an additional surcharge of $12.50 for
each moving traffic violation by deleting paragraphs 1 - 6, and adding “from
the monies collected by the Clerk’s office for civil traffic infractions, the
Clerk shall distribute $12.50 to the County to fund its participation in the
intergovernmental radio communications program.” WHY ACTION IS NECESSARY: Board must approve any
amendment to a County Resolution. WHAT
ACTION ACCOMPLISHES: The
Amended Resolution will be consistent with State General Law, which does not
allow for an additional surcharge to be imposed, rather, the monies ($12.50)
for Radio Communications are to be distributed from civil traffic penalties
collected. (#20031227-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). (#20031223-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.
(#20031224-Clerk of Courts) |
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ACTION
REQUESTED: Accept Substance Agency
Advisory Board recommendation to accept the Edward Byrne Memorial State and
Local Assistance funds for the multi-jurisdictional Combined Law Enforcement
Against Narcotics Task Force (CLEAN Task Force) in the amount of #320,756. Authorize the Chairman to execute the
acceptance of funds. WHY ACTION
IS NECESSARY: The LCSO request that
the Chairman accept the funds for the grant application. WHAT ACTION
ACCOMPLISHES: The grant requires the
signature of the government executive. (#20031207-Sheriff) |
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October 28,
2003
1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Authorize the Chairman or Vice Chairman to sign a
resolution for the authorization, execution and delivery of a Bond Purchase
Agreement that meets certain specific criteria in connection with the Capital
& Transportation Facilities Refunding Revenue Bonds, Series 2003. Authorize other approvals as necessary
contained in this resolution. WHY ACTION
IS NECESSARY: Allows greater flexibility in marketing the
Capital & Transportation Facilities Refunding Revenue Bonds, Series 2003. WHAT ACTION
ACCOMPLISHES: Allows the Bond Purchase Agreement to be signed
(if the bonds are sold) without reconvening the Board of County
Commissioners. (#20031200-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: Request Board adopt, by Resolution, an Administrative
Code amending Administrative Code 11-12, setting forth the management of
construction activities in County Rights-of-Ways and Easements. WHY ACTION IS NECESSARY: To update constructions and utility construction
activities in County-owned or maintained roadway or drainage rights-of-way
and easements addressing residential connections, modifications and
landscaping. WHAT ACTION ACCOMPLISHES: Updates a procedure for Departments and
Divisions. (#20031204-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: Approve an exchange of real property interests
(under §125.37, F.S.) in a portion of the road right-of-way for Orange River
Loop Road in exchange for portions of property abutting Williamson Road and
Orange River Loop Road, and authorize the Chairman to sign the necessary
documents to complete the exchange of real property interests. Also approve (under §270.11, F.S.) the
release of the County’s interest in any phosphate, mineral, metal and
petroleum rights in the portion of Orange River Loop Road, to the extent that
the County may possess such rights. WHY
ACTION IS NECESSARY: An exchange of County-owned property under
§125.37, F.S., requires approval by the Board of County Commissioners. When requested, §270.11, F.S., also
requires Board approval for a release of phosphate, mineral, metal and
petroleum rights. WHAT
ACTION ACCOMPLISHES: Authorizes an exchange of County-owned property
under §125.37, F.S., and the release of any phosphate, mineral, metal and
petroleum rights under §270.11, F.S., in the small portion of Orange River
Loop Road being exchanged. (#20031178-County Attorney) |
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ACTION REQUESTED: Approve settlement in Lee
County v. Alico Mining, Inc., et al.
Case No. 02-9451-CA. WHY ACTION IS NECESSARY: Board must approve
settlement. WHAT
ACTION ACCOMPLISHES: Settles
all claims for condemnation of Parcel 1.
(#20031218-County Attorney) |
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ACTION
REQUESTED: Approve
Interlocal Agreement between Lee County and the City of Fort Myers for County
grant funding of up to $500,000.00 per year (for a total amount of $1.5
million over a three (3) fiscal year period) for repairs and renovations to
the Historic Edison Estate. Authorize
Chairman’s signature on the Interlocal Agreement. WHY
ACTION IS NECESSARY: Board of County
Commissioners’ approval is required to finalize the agreement with the City
of Fort Myers. WHAT
ACTION ACCOMPLISHES: Finalizes
the Interlocal Agreement with the City of Fort Myers for grant funding of
capital repairs and restorations of the Edison Estate. (#20031192-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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ACTION REQUESTED: Conduct a Public
Hearing to adopt a Petition to Vacate a 12-foot wide Drainage and Public Utility Easement
located at 640 Charwood Avenue South, Lehigh Acres, Florida. (Case No. VAC2003-00055) WHY ACTION IS NECESSARY: To build a
single-family residence on the combined lots. The vacation of this easement will not alter existing drainage
and utility conditions and the easement is not necessary to accommodate any
future drainage and utility requirements. WHAT ACTION ACCOMPLISHES: Vacates the Drainage and Public Utility Easement.
(S16-T45S-R27E) (#5) (#20031100-Development Services) |
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ACTION REQUESTED: Conduct a Public Hearing to adopt a petition to
vacate a 40-foot wide drainage easement located along the rear of 17100 Phlox
Drive, Fort Myers, Florida. (Case No.
VAC2003-00033) WHY ACTION IS NECESSARY: In order to fulfill a requirement of a settlement
agreement between Lee County and the property owners to allow parking in this
easement area as a result of right-of-way taken by Lee County for Alico
Road. The vacation of this easement
will not alter existing drainage and/or utility conditions and the easement
is not necessary to accommodate any future drainage and/or utility requirements. WHAT ACTION ACCOMPLISHES: Vacates the drainage easement. (S9-T46S-R25E) (#5) (#20031188-Development
Services) |
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ACTION REQUESTED: Conduct a Public
Hearing to adopt a Petition to Vacate a 12-foot wide Drainage and Public Utility Easement
located at 829 Portland St. E, Lehigh Acres Florida. (Case No. VAC2003-00048) WHY ACTION IS NECESSARY: To build a
single-family residence on the combined lots. The vacation of this easement will not alter existing drainage
and/or utility conditions and the easement is not necessary to accommodate
any future drainage and/or utility requirements. WHAT ACTION ACCOMPLISHES: Vacates the Drainage and Public Utility
Easement. (S27-T45S-R27E) (#5)
(#20031180-Development Services) |
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ACTION REQUESTED: Conduct a Public
Hearing to adopt a Petition to Vacate a 12-foot wide Drainage and Public Utility Easement
located at 1044 Belmont Street East, Lehigh Acres, Florida. (Case No. VAC2003-00057) WHY ACTION IS NECESSARY: To build a
single-family residence on the combined lots. The vacation of this easement will not alter existing drainage
and utility conditions and the easement is not necessary to accommodate any
future drainage and utility requirements. WHAT ACTION ACCOMPLISHES: Vacates the Drainage and Public Utility Easement.
(S2-T45S-R27E) (#5) (#20031095-Development Services) |
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ACTION REQUESTED: Conduct a Public
Hearing to adopt a Petition to Vacate a 12-foot wide Drainage and Public Utility Easement
located at 1908 Westboro Loop, Lehigh Acres, Florida. (Case No. VAC2003-00049) WHY ACTION IS NECESSARY: To build a
single-family residence on the combined lots. The vacation of this easement will not alter existing drainage
and utility conditions and the easement is not necessary to accommodate any
future drainage and utility requirements. WHAT ACTION ACCOMPLISHES: Vacates the Drainage and Public Utility Easement.
(S6-T44S-R27E) (#5) (#20031098-Development Services) |
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5:05
PM |
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ACTION
REQUESTED: Conduct second public hearing on proposed amendment to the Land Development Code (LDC) Chapter 2 and Appendix K, for the Roads Impact Fee Update. WHY
ACTION IS NECESSARY: Public hearings are necessary to adopt amendments to the Land Development Code (LDC). WHAT
ACTION ACCOMPLISHES: Allows for discussion and public input on proposed amendments to the LDC Chapter 2 and Appendix K. (#20031216-County Attorney) |
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5:05
PM |
Public
Presentation of Matters by Citizens |
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Adjourn |
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