District #1

Bob Janes

Chairman

District #2

Douglas St. Cerny

District #3

Ray Judah

Vice Chairman

District #4

Andrew W. Coy

District #5

John E. Albion

 

 

Donald D. Stilwell,

County Manager

 

James G. Yaeger, County Attorney

 

September 10, 2002

Please fill out a “Request to Comment” card if you plan to address the Board and return it to the Clerk at the left of the podium prior to the start of the meeting.

All back up for this agenda is available in the Public Resources Office, 1st Floor, Administration Building

Additional information is available on the Internet at http://www.lee-county.com

PLEASE NOTE:  The Board may take action in its capacity as the Port Authority or Government Leasing Corporation.

COMMISSION CHAMBERS, 2120 MAIN STREET, FORT MYERS, FLORIDA

9:30 AM

Invocation:

Dr. Dan Lamont

First Presbyterian Church

 

 

 

 

Pledge of Allegiance

 

 

 

 

 

Presentations:

 

 

 

·   

“9-11” Resolution

 

 

(Commissioner St. Cerny-#20021007)

 

 

 

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

 

 

 

Walk-ons and Carry-overs

 

 

 

Commissioners' Items/Committee Appointments

 

 

 

County Manager Items

 

 

 

County Attorney Items

 

 

10:00 AM

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)

 

 

 

Adjourn until 5:00 PM

CONSENT AGENDA

September 10, 2002

 

 

1.

COUNTY ADMINISTRATION

 

 

(a)

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)

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

 

(a)

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)

 

6.

INDEPENDENT

 

 

(a)

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)

 


(b)

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)

 

7.

PUBLIC SAFETY

 

 

(a)

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)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

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)

 

            9.

TRANSPORTATION

 

 

(a)

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)

 

 

(b)

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)

 

10.

UTILITIES

 

 

(a)

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)

 

 

(b)

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)

 

 

(c)

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)

 

 

(d)

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)

 

 

(e)

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)

 

 

(f)

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)

 

11.

PARKS AND RECREATION

 

 

(a)

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)

 

12.

COUNTY ATTORNEY

 

 

(a)

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)

 

 

(b)

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)

 

 

(c)

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)

 

 

(d)

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)

 

 

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).  (#20020992-Clerk of Courts)

 

 

(b)

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)

 

ADMINISTRATIVE AGENDA

September 10, 2002

 

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

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)

 

7.

PUBLIC SAFETY

 

 

(a)

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)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

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)

 

 

(b)

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)

 

 

(c)

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)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

PUBLIC AGENDA
September 10, 2002

 

5:00 PM

(#1)

Public Hearing

 

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)

 

(#2)

Public Hearing

 

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)

 

(#3)

Public Hearing

 

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)

 

(#4)

Public Hearing

 

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)

 

(#5)

Public Hearing

 

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)

 

5:05PM

Public Presentation of Matters by Citizens

 

 

Adjourn