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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 |
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May 27, 2003
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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
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9:30
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Invocation: |
Reverend
Israel Suarez |
The
Nations Association |
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Pledge
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Recap |
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Public
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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
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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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Adjourn
until 5:00 PM |
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May
27, 2003
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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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ACTION
REQUESTED: Execute an amendment to Contract C-2380 between
the Lee County Housing Development Corporation (HDC) and Lee County
increasing the SHIP (State Housing Initiatives Partnership) funds awarded to
the HDC by $10,000 (from $55,412 to $65,412) and changing the contract scope
from providing housing facilities for 2 very low income households with
special needs such as mental illness to providing housing facilities for 6
very low income persons with special needs such as mental illness. WHY ACTION
IS NECESSARY: Increasing the contract would enable the HDC to
increase the number of persons with special needs such as mental illness from
2 households to 6 persons. Because
Lee County has a critical shortage of beds to house persons with mental
illness, these additional beds are greatly needed. WHAT ACTION
ACCOMPLISHES: Provides for additional beds to house persons with
special needs such as mental illness.
(#20030587-Planning) |
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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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ACTION
REQUESTED: Approve FY2003 budget resolutions for the Supportive
Housing Programs awarded to Lee County by the U.S. Department of Housing and
Urban Development (HUD) through the Continuum of Care. The HUD agreements
have already been received. WHY ACTION
IS NECESSARY: Board action is necessary to establish the budget
for the new funds. WHAT ACTION
ACCOMPLISHES: Provides needed services for Lee County’s homeless
population. (#20030577-Human
Services) |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Adopt Authorizing Resolution and authorize
Chairman to sign Joint Participation Agreement with the Florida Department of
Transportation for USC 5311 Rural Transportation Funding. WHY ACTION
IS NECESSARY: To provide continued financial assistance to Lee
Tran for operating transit service in the rural areas of Lee County. WHAT ACTION
ACCOMPLISHES: This will enable Lee Tran to obtain $208,000 in
Rural Operating Assistance from the FTA for the remaining FY 2003 and part of
FY 2004. (#20030598-Transit) |
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7. |
PUBLIC
SAFETY |
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ACTION
REQUESTED: Authorizes Chairman to execute a Subgrant
Agreement with the State of Florida, Department of Community Affairs that
provides a $17,802.00 grant to establish a Citizen Corps Council. Approve Budget Amendment Resolution in a
like amount. WHY ACTION
IS NECESSARY: The Board of County Commissioners must approve all
agreements WHAT ACTION
ACCOMPLISHES: Provides support for Implementation of a Citizen Corps Council in Lee
County. (#20030601-Public Safety) |
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8. |
SOLID
WASTE-NATURAL RESOURCES |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: Approve Joint Supplemental Interlocal Agreement
with the City of Bonita Springs for the Three Oaks Parkway South Extension
capital improvement project. WHY ACTION
IS NECESSARY: Interlocal Agreements must be approved by the
Board of County Commissioners. WHAT ACTION
ACCOMPLISHES: Allows Department of Transportation to proceed
with design, permitting, ROW acquisition and construction of Three Oaks
Parkway South Extension from the intersection of Imperial Street and East
Terry Street to the northern municipal corporate boundary. (#20030524-Transportation) |
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10. |
UTILITIES
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ACTION REQUESTED: Approve construction of water and gravity main
extensions serving Bellamar at Beachwalk –Phase 2. 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 second phase of the condominium development
which consists of 116 units. WHAT ACTION ACCOMPLISHES: Complies with the Lee County Utilities line
extension policy and provides adequate utility infrastructure to support
development of this phase.
(#20030567-Utilities) |
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ACTION REQUESTED: Approve final acceptance, by Resolution, as a
donation for one fire hydrant serving Heritage
Pointe – Phase 1. This is a
Developer contributed asset project located along Pine Ridge Road,
approximately 2,000’ North of Summerlin Road. WHY ACTION IS NECESSARY: To provide fire protection to the recently constructed
sales facility. WHAT ACTION ACCOMPLISHES: Places the fire hydrant into operation and
complies with the Lee County Utilities Operations Manual. (#20030568-Utilities) |
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ACTION
REQUESTED: Approve the award of the following Project #
EX030492, the purchase of one (1) International cab and chassis truck from
International Truck and Engine Corporation at the Florida State Contract
price (including a non-contract deduct/credit of $5,036.00) of $52,119.00 for
Lee County Utilities. WHY ACTION
IS NECESSARY: Section 11.0.3.1 of the Lee County Purchasing and
Payment Procedures Manual exempts “the purchase of equipment that has gone
through the Administrative Code Procedure, such as State Contracts or Federal
General Services Administration Schedules, providing the purchase, rental, or
lease amount does not exceed $50,000.00”.
As this expenditure will exceed $50,000.00, Board approval is
required. WHAT ACTION
ACCOMPLISHES: This truck will eventually have a crane mounted on
it (which will be competitively quoted at a later date). The cab and chassis is being purchased now
to take advantage of Florida State Contract pricing which expires on May 31,
2003. The completed truck will allow
Lee County Utilities to eliminate the cost of installing trolley hoists at all
of its facilities. Further, this
mobile crane will also function as a backup to the rest of Utilities’
cranes. (#20030600-Utilities) |
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11. |
PARKS AND
RECREATION |
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ACTION
REQUESTED: Approve and execute Amendment 002 to contract
#HJL13, as well as Amendment 002 to contract #HJL16 with the Florida
Department of Children and Families.
These amendments for Family Connection Center Grant #0689 Visitation
and #0690 Parenting are to change dollar amounts, some language and match. WHY ACTION
IS NECESSARY: Board must approve all Amendments to
Contracts/Grants. WHAT ACTION
ACCOMPLISHES: Allows shifting of funding [from $79,677.00 to
$93,237.00 (visitation 0689), $27,320.00 to $13,760.00 (parenting 0690)] and
changes the amount of match funds for the FCC Grant 0689 from $18,089.62 to
$21,059.25 and FCC Grant 0690, from $ 6,830.00 to $3440.00. Allows contract to include language of
HIPAA and updates name and phone number for new contract manager. (#20030545-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). (#20030590-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.
(#20030591-Clerk of Courts) |
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May
27, 2003
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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 Water
and Sewer Refunding Revenue Bonds Series 2003A and Water and Sewer Revenue
Bonds, Series 2003B. Authorize other
approvals as necessary contained in this resolution. WHY ACTION
IS NECESSARY: Allows greater flexibility in marketing the Water
and Sewer Refunding Revenue Bonds, Series 2003A and Water and Sewer Revenue
Bonds, Series 2003B. WHAT ACTION
ACCOMPLISHES: Allows the Bond Purchase Agreement to be signed
(if the bonds are sold) without reconvening the Board of County Commissioners. (#20030527-Budget Services) |
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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: Authorize staff to pursue the purchase, through a
foreclosure sale, of a parcel of land identified as STRAP No.
17-44-25-P4-00300.0270, and located at 3637 Dr. Martin Luther King Jr.
Boulevard. This is not a County
initiated foreclosure action, so the purchase will be through the open
auction process (open bidding) and not possession by default. Further, authorize staff to bid up to a
reasonable, justifiable price for the purchase of the parcel; authorize
immediate deposit of 5% of the bid at time of auction, if County is
successful bidder, and immediate funding of the balance of the bid by 1:45
p.m. the day of the foreclosure sale; authorize payment of liens not included
in the foreclosure action of approximately $80,000.00; authorize payment of
costs to close (title policy, necessary taxes, environmental audit, etc.) and
allow existing tenants to remain as long as they pay their rental payments
and staff determines their occupancy is beneficial to the County. Also,
approve budget transfer and Resolution of $1,400,000 from the General Fund
reserves to the Health Department Clinic Project and amend FY 02/03-06/07
CIP. WHY ACTION IS NECESSARY: The subject parcel, formerly known as Topps Plaza,
is currently being foreclosed upon by a mortgagor, Cadlerock Joint Venture,
L.P., the plaintiff. This is not a
standard method of acquiring property by Lee County, however, it will allow
for the purchase of the parcel at auction and the ultimate housing of the
Health Department. WHAT ACTION
ACCOMPLISHES: Authorization for staff to pursue the purchase of
the subject parcel, through a foreclosure action (auction). (#20030582-County Lands) |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION REQUESTED: Approve and authorize the Chairman to sign the
Amended and Restated Power Purchase Agreement between Lee County and Seminole
Electric Cooperative, Inc. WHY ACTION IS NECESSARY: Board approval required for contracts related to
SW Enterprise Fund Revenue. WHAT ACTION ACCOMPLISHES: Provides an agreement for the County to sell and
Seminole to buy the electricity generated by the County’s waste to energy
facility. (#20030576-Solid Waste) |
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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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PUBLIC AGENDA
May 27, 2003
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5:00
PM |
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Public
Hearing |
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ACTION REQUESTED: Adopt a Resolution on Petition VAC2003-00003 to
Vacate a ten foot wide Drainage Easement lying along the common lot line
between Lots 8 and 9, Fort Myers Shores, Unit 4, a Subdivision in Lee County,
Florida. WHY ACTION IS NECESSARY: As a result of a building permit being issued to
build the house in 1978, and a permit to expand the structure in 1996, the
easement was not det4ected and building took place over an existing
easement. The vacation of the
Drainage Easement will not alter existing utilities and the easement is not
necessary to accommodate any future drainage requirement. WHAT THE ACTION ACCOMPLISHES: Vacates the easement. (S19 & 30-T43S-R26E)
(#5) (#20030548-Development
Services) |
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Public
Hearing |
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ACTION REQUESTED: Adopt a resolution on petition VAC2003-00015 to
vacate four twelve-foot Public Utility Easements centered on the common lot
lines between lots 8 & 9, 10 & 11, 11 & 12, and 8 & 11, Block
41, Unit 7, Lehigh Acres. WHY ACTION IS NECESSARY: To construct a Swimming Pool accessory to an
existing single family home. The
vacation of the public utility easements will not alter existing utilities
and the easements are not necessary to accommodate any future utility
requirement. WHAT THE ACTION ACCOMPLISHES: Vacates the easement. (S25-T45S-R27E)
(#5) (#20030541-Development
Services) |
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Public
Hearing |
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ACTION REQUESTED: Adopt a resolution on petition VAC2003-00012 to
vacate a twelve-foot Public Utility Easement centered on the common lot line
between lots 1 and 2, Kingsbridge Subdivision. 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. (S10-T45S-R24E)
(#2) (#20030569-Development
Services) |
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Public
Hearing |
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ACTION
REQUESTED: Execute a Community Planning Agreement with the
Greater Pine Island Civic Association to provide public financial support to
develop Land Development Code regulations for Pine Island. WHY ACTION
IS NECESSARY: Section 3.1 of Administrative Code 13-3 requires
contract approval by the Board of County Commissioners. WHAT ACTION
ACCOMPLISHES: Sets forth requirements for the issuance of grant
money to the Greater Pine Island Civic Association to help pay for
development of Land Development Code regulations specific to the Pine Island
Community. (#20030501-Planning) |
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5:05
PM |
Public
Presentation of Matters by Citizens |
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Adjourn |
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