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

 

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 AM

Invocation:

Pastor James Wade

Central United Methodist 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

 

 

 

Walk-ons and Carry-overs

 

 

 

Commissioners' Items/Committee Appointments

 

 

 

County Manager Items

 

 

 

County Attorney Items

 

 

 

Adjourn until 5:00 PM


CONSENT AGENDA

June 10, 2003

 

1.

COUNTY ADMINISTRATION

 

 

(a)

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)

 

 

(b)

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)

 

 

(c)

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)

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

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)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

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)

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

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)

 

 

(b)

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)

 

 

(c)

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)

 

 

(d)

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)

 

7.

PUBLIC SAFETY

 

 

(a)

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)

 

 

(b)

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)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

 

(a)

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)

 

10.

UTILITIES

 

 

(a)

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)

 

 

(b)

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)

 

 

(c)

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)

 

 

(d)

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)

 

 

(e)

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)

 

 

(f)

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)

 

11.

PARKS AND RECREATION

 

12.

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).  (#20030617-Clerk of Courts)

 

 

(b)

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)

 

 

ADMINISTRATIVE AGENDA

June 10, 2003

 

 

1.

COUNTY ADMINISTRATION

 

 

(a)

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)

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

7.

PUBLIC SAFETY

 

 

(a)

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)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS


PUBLIC AGENDA

JUNE 10, 2003

                                                                                                                       

5:00 PM

(#1)

Public Hearing

 

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)

 

(#2)

Public Hearing

 

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)

 

(#3)

Public Hearing

 

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)

 

(#4)

Public Hearing

 

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)

 

 

5:05 PM

(#1)

Public Hearing

 

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)

 

5:05 PM

Public Presentation of Matters by Citizens

 

Adjourn