District #1

Bob Janes

District #2

Douglas St. Cerny

Vice Chairman

District #3

Ray Judah

District #4

Andrew W. Coy

District #5

John E. Albion

Chairman

Donald D. Stilwell,

County Manager

James G. Yaeger, County Attorney

January 27, 2004

9:30 AM

Invocation:

Pastor Ryan Deaton

Life Church

Pledge of Allegiance

Recap

Public Comment on the Consent and Administrative Agenda

Consent Agenda:

·   

Items to be pulled for discussion by the Board

·   

Motion to approve balance of items

·   

Consideration of items pulled for discussion

Administrative Agenda

9:30 AM

PUBLIC HEARING

ACTION REQUESTED:

Adopt a Resolution supporting the establishment of the Arborwood Community Development District by the Florida Land and Water Adjudicatory Commission.

WHY ACTION IS NECESSARY:

A Resolution adopted by the BOCC is the only means of expressing support or objection to the granting of a petition to establish a UCDD of greater than 1,000 acres.

WHAT ACTION ACCOMPLISHES:

Supports the creation of an independent special district that will provide an alternative method to manage and finance basic services within the community development district.  (#20040002-County Attorney)

Walk-ons and Carry-overs

Commissioners' Items/Committee Appointments

County Manager Items

County Attorney Items

Adjourn until 5:00 PM

1.

COUNTY ADMINISTRATION

(a)

ACTION REQUESTED:

Approve budget amendment resolutions and transfers from reserves, in various funds to provide fund financial adjustments for the FY02-03 year-end close out.  No additional funding is required, except in those funds, in which reserves are affected (listed in background).  Reserves represent those that were established during the development of the budget.  In some funds, (listed in background) for which additional revenues were received, the budget is being adjusted to reflect the additional revenues.

WHY ACTION IS NECESSARY:

Each year in the preparation of the year-end financial statements, Budget Services requests that certain fund adjustments be processed after the Finance division has made their final cash adjustments in conjunction with auditor findings.

WHAT ACTION ACCOMPLISHES:

Year-end adjustments allow the financial books for FY02-03 to be closed.  (#20040049-Budget Services)

2.

CONSTRUCTION AND DESIGN

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

(a)

ACTION REQUESTED:

Approve Applicant’s request for rehearing of the Board decision in Zoning Case Number DRI2001-00004 and DCI2001-00033 in reference to the Miromar Lakes DRI.

WHY ACTION IS NECESSARY:

Land Development Code Section 34-84(a) allows an aggrieved party to file a request for a rehearing in a zoning action where the party believes there is new evidence or points of law or fact which may have been overlooked or misunderstood by the Board of County Commissioners.

WHAT ACTION ACCOMPLISHES:

Allows the Board to consider whether a rehearing is warranted.  The consideration of the request to grant the rehearing is not a public hearing and no oral testimony may be considered by the Board in the course of deliberating the request.  (#20031523-Zoning)

5.

HUMAN SERVICES

(a)

ACTION REQUESTED:

Approve and execute a contract to receive $316,998 from the State of Florida Department of Community Affairs for the Low Income Home Energy Assistance Program (LIHEAP); approve budget amendment resolution.

WHY ACTION IS NECESSARY:

To secure grant funds for the Low Income Home Energy Assistance Program.

WHAT ACTION ACCOMPLISHES:

Will provide $316,998 in grant funds for assistance with energy costs to qualified households for the period of contract execution date through March 2005.  (#20040020-Human Services)

(b)

ACTION REQUESTED:

Approve criteria for the Partnering for Results Request for Proposal (RFP) process and approve FY 2004-2005 funding amount not to exceed $3,172,394.  Approve a maximum of $38,000 of the $3,172,394 to be allocated to United Way of Lee County for the Information & Referral (211) services for FY 2004-2005.

WHY ACTION IS NECESSARY:

To provide policy direction and establish the Partnering for Results Request for Proposal process.

WHAT ACTION ACCOMPLISHES:

Establishes the RFP guidelines and funding amount for FY 2004-2005 Partnering for Results and approved a maximum of $38,000 to be allocated to United Way.  (#20040041-Human Services)

(c)

ACTION REQUESTED:

Establish a part-time grant funded position in the Department of Human Services to assist with the administration of contracts.

WHY ACTION IS NECESSARY:

Due to the volume of contracts and the various funding sources used the existing staff needs assistance with contract administration and monitoring.

WHAT ACTION ACCOMPLISHES:

Allows Human Services to hire a part-time grant funded position.  (#20040042-Human Services)

6.

INDEPENDENT

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

9.

TRANSPORTATION

(a)

ACTION REQUESTED:

Approve award of Project # EX040179, the purchase of one new Altec Model AN755MH aerial device and chassis for DOT from Altec Industries, Inc. at the prices given in the Federal General Services Administration Contract #GS-30F-1028G.  Total cost: $108,901.

WHY ACTION IS NECESSARY:

As this expenditure will exceed $50,000, Board approval is required.

WHAT ACTION ACCOMPLISHES:

Provides DOT/Traffic Division with an additional bucket truck to be utilized throughout the County for the maintenance and new construction of traffic signals.  (#20040018-Transportation)

10.

UTILITIES

(a)

ACTION REQUESTED:

Approve Waiver # W-040186 to waive formal quotation procedure, due to sole source, for the Public Works Department (Utilities Division), for the purchase of Yokogawa Corporation products, programming and repair services for the Yokogawa DCS CS 1000 System, through their authorized dealer in Florida Classic Controls. Projected annual costs for new products would be approximately $500,000 and for repair and programming at approximately $100,000.

WHY ACTION IS NECESSARY:

All purchases that exceed $50,000 must have board approval.

WHAT ACTION ACCOMPLISHES:

Allows the Public Works Department (Utilities Division) to purchase products and services of the Yokogawa Corporation from their distributor Classic Controls.  (#20040026-Utilities)

(b)

ACTION REQUESTED:

Authorize the Chairman on behalf of the BOCC to approve an Agreement for the Wholesale Sale of Potable Water by Lee County to the City of Cape Coral.

WHY ACTION IS NECESSARY:

An interlocal agreement is required so that Lee County Utilities may sell potable water on a wholesale basis to, and as requested by, the City of Cape Coral over an initial period of 20 years so that it may provide water service to the developing northeastern (Section 86) portion of the City.

WHAT ACTION ACCOMPLISHES:

The interlocal agreement will establish rates, metering, impact fee recovery, inspection procedures, and responsibilities of each party.  (#20040031-Utilities)

(c)

ACTION REQUESTED:

Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-04-01 UTILITIES RATE FINANCIAL CONSULTANT, in the following order of ranking, and authorize contract negotiations to commence with the number one ranked firm: (1) Public Resources Management Group, Inc. (PRMG); (2) Hartman & Associates, Inc.; and (3) C.H. Guernsey & Company.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Consultant will provide general utility financial consulting services and assistance for the Lee County Utilities Division.  (#20040037-Utilities)

11.

PARKS AND RECREATION

12.

COUNTY ATTORNEY

(a)

ACTION REQUESTED:

Direct to two public hearings, the consideration of a development agreement between Lee County and the owners and developers of the Coconut Point DRI.  The proposed agreement governs mitigation of the transportation impacts created by the Coconut Point DRI.  Suggested dates: February 10, 2004, and February 24, 2004 at 9:30 a.m. or as soon thereafter as may be heard.

WHY ACTION IS NECESSARY:

Florida Statutes, Section 163.3225, requires at least two public hearings before a local government enters into a development agreement.

WHAT ACTION ACCOMPLISHES:

Finalizes the terms and conditions of the mitigation of transportation impacts for the Coconut Point Development of Regional Impact.  (#20040050-County Attorney)

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

(a)

ACTION REQUESTED:

Approve disbursements.

WHY ACTION IS NECESSARY:

Florida Statute Chapter 136.06(1) requires that all County disbursements be recorded in the Minutes of the Board.

WHAT ACTION ACCOMPLISHES:

Compliance with the requirements of FS 136.06(1).  (#20040039-Clerk of Courts)

(b)

ACTION REQUESTED:

Present financial report for information purposes.

WHY ACTION IS NECESSARY:

To provide interim reporting on selected funds and revenues of the Lee County Board of County Commissioners.  Also included, in compliance with Florida Statute 218.415, Local Government Investment Policies, is the stated and fair market value of the investments managed by the Clerk’s Office.

WHAT ACTION ACCOMPLISHES:

The purpose of this report is to convey to you the financial status of selected significant funds of the Lee County Board of County Commissioners and the status of specific revenues as of the stated dates and the market value of the investments managed by the Clerk’s Office on behalf of the Board.  (#20040040-Clerk of Courts)

1.

COUNTY ADMINISTRATION

(a)

ACTION REQUESTED:

Concur with the ranking of firms by the Selection Committee for RFQ-04-04 LEGISLATIVE AND AGENCY LOBBYING & OTHER SERVICES FOR LEE COUNTY, and authorize contract negotiations to commence with the number one (1) ranked firm: (1) Florida Lobby Associates/Arnold & Blair, LC as principal lobbyist; (2) Carey, O’Malley, Wittaker and Manson PA; Cruz and Company and Benford Consulting; (3) Bitner & Associates, Seibert Law Firm; Bryant Miller & Olive PA; and (4) Barreto, Cunningham, May, Dudley, Maloy LLC; and Allen Jordan & Associates.  Further authorize the Chairperson on behalf of the Board to execute an agreement for an amount-not-to-exceed of $75,000.00 per year, with a contract period of two (2) years with the option to renew under the same terms and conditions for one (1) additional year.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides the County with a firm for legislative and agency lobbying services.  (#20040066-County Manager)

2.

CONSTRUCTION AND DESIGN

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

5.

HUMAN SERVICES

6.

INDEPENDENT

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

9.

TRANSPORTATION

10.

UTILITIES

11.

PARKS AND RECREATION

12.

COUNTY ATTORNEY

(a)

ACTION REQUESTED:

In the lawsuit of Mary H. Rutledge, et al. vs. Lee County; Case No. 98-9112 CA, approve negotiated settlement, waive interest and penalties, lien fees and accept principal amount of $1,817.69 in full satisfaction of Solid Waste Assessments for years 1989-1998.

WHY ACTION IS NECESSARY:

Settlement of litigation must be approved by Board of Commissioners.

WHAT ACTION ACCOMPLISHES:

Resolves lawsuit challenging validity of Lee County Ordinance 86-14, as amended; and its application to property owned by Plaintiff.  (#20040045-County Attorney)

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

5:00 PM

(#1)

Public Hearing

ACTION REQUESTED:

Conduct a Public Hearing to adopt a Petition to Vacate a 12-foot wide Public Utility Easement located at 2401 Gretchen Ave S., Lehigh Acres Florida 33971.  (Case No. VAC2003-00067)

WHY ACTION IS NECESSARY:

To construct a commercial building on the combined seven (7) lots.  The vacation of this easement will not alter existing utility conditions and the easement is not necessary to accommodate any future utility requirements.

WHAT ACTION ACCOMPLISHES:

Vacates the Public Utility Easement.  (S4-T45S-R26E)  (#5)  (#20040008-Development Services)

(#2)

Public Hearing

ACTION REQUESTED:

Conduct a Public Hearing to adopt a Petition to Vacate a 12-foot wide Public Utility Easement located at 3114 Lee Blvd, Lehigh Acres Florida 33971.  (Case No. VAC2003-00068)

WHY ACTION IS NECESSARY:

To construct three (3) commercial buildings on the combined eight (8) lots.  The vacation of this easement will not alter existing utility conditions and the easement is not necessary to accommodate any future utility requirements.

WHAT ACTION ACCOMPLISHES:

Vacates the Public Utility Easement.  (S26-T44S-R26E)  (#5)  (#20040009-Development Services)

5:05 PM

Public Presentation of Matters by Citizens

Adjourn