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

 

 

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 AM

Invocation:

Pastor James Rosenburg

First 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

October 28, 2003

 

1.

COUNTY ADMINISTRATION

 

 

(a)

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)

 

 

(b)

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)

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

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)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

 

(a)

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)

 

 

(b)

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)

 

 

(c)

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)

 

6.

INDEPENDENT

 

 

(a)

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)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

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)

 

9.

TRANSPORTATION

 

 

(a)

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)

 

 

(b)

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)

 

 

(c)

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)

 

10.

UTILITIES

 

 

(a)

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)

 

 

(b)

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)

 

 

(c)

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)

 

11.

PARKS AND RECREATION

 

 

(a)

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)

 

12.

COUNTY ATTORNEY

 

 

(a)

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)

 

 

(b)

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)

 

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).  (#20031223-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.  (#20031224-Clerk of Courts)

 

 

(c)

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)

 

ADMINISTRATIVE AGENDA

October 28, 2003

 

1.

COUNTY ADMINISTRATION

 

 

(a)

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)

 

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

 

 

(a)

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)

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

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)

 

 

(b)

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)

 

 

(c)

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)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

PUBLIC AGENDA

October 28, 2003 

5:00 PM

(#1)

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)

 

(#2)

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)

 

(#3)

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)

 

(#4)

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)

 

(#5)

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)

 

5:05 PM

(#1)

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)

 

5:05 PM

Public Presentation of Matters by Citizens

 

 

Adjourn