District #1 Bob
Janes |
District #2 Douglas St. Cerny Vice Chairman |
District #3 Ray
Judah
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District #4 Andrew W. Coy |
District #5 John E. Albion Chairman |
Donald D. Stilwell, County Manager |
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James
G. Yaeger, County Attorney |
March 23, 2004
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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
9:30
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Invocation: |
Pastor
Richard E. Riley |
Emmanuel
Baptist Church |
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Pledge
of Allegiance |
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Presentations: |
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(Commissioner
Janes-#20040270) |
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(Commissioner
St. Cerny-#20040268) |
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(Commissioner
Albion-#20040269) |
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Recap |
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Public
Comment on the Consent and Administrative Agenda |
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Consent
Agenda: |
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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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Administrative
Agenda |
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Walk-ons
and Carry-overs |
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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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March 23, 2004
1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Authorize Administration to pursue preparation of
documents for refunding of the Tourist Development Tax Revenue Bonds, Series
1994 Bonds for savings. WHY ACTION
IS NECESSARY: BOCC approval is requested. WHAT ACTION
ACCOMPLISHES: Allows the preparation of documents for the
refunding of the Tourist Development Tax Revenue Bonds, Series 1994 to
proceed. (#20040286-Budget Services) |
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ACTION REQUESTED: Present to the Board for information and filing
the Object Code #504015 Expenditure Report for the first quarter of FY03-04
(October through December 2003) WHY ACTION IS NECESSARY: Lee County Ordinance #90-18 WHAT ACTION ACCOMPLISHES: Allows Board to monitor expenditures being made by
County Departments and Divisions to this object code. (#20040292-County Manager) |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION
REQUESTED: Approve the Agreement to Terminate Lease with Lightning
Wireless, Inc. for the County’s space needs within the downtown Fort Myers
SunTrust Building, located at 2000 Main Street (STRAP No.
13-44-24-P4-00410.0010). WHY ACTION
IS NECESSARY: Provides +/- 1,892 square feet of office space for
County needs within the subject building. WHAT ACTION
ACCOMPLISHES: The Agreement terminates the lease of Lightning
Wireless, Inc. within the subject building. (#20040252-Facilities Management) |
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ACTION
REQUESTED: Approve award of the following projects: #
IX040299, the purchase of upgrades and additions to the existing Opt 11C PBX
from Sprint at the Florida State Contract price of $30,592.68; IX040300, the
purchase of data hardware from Solarcom at the Florida State Contract price
of $7,728.70; IT040302, the purchase of cabling and accessories from City Tel
Communication at the competitively quoted low price of $21,604.40. Approval
is also requested for the following: The open market purchase of call
collection devices from Stonehouse Technologies for $6,600.00. A not to
exceed amount of $6,650.00 for incidentals related to providing essential
telephone services. All purchases are for Public Works/Construction and
Design so they may provide telephone services for Public Safety
Administration in their new location on the 3rd floor of the
City/County Annex building located at 1825 Hendry Street. Total expenditures
for this proposed project is $73,175.78. WHY ACTION
IS NECESSARY: All expenditure exceeding $50,000 require board
approval. WHAT ACTION
ACCOMPLISHES: Provides telephone services for Public Safety.
Savings on IT040302 $11,710.71.
(#20040278-Construction and Design) |
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ACTION
REQUESTED: Approve the revised estimated $55.9 million for
the Justice Center Master Plan’s four-year construction program and authorize
continuation of preparation of documents for the financing at the revised
amount. WHY ACTION
IS NECESSARY: Provides the necessary infrastructure to support
the court system. WHAT ACTION
ACCOMPLISHES: Authorizes staff to proceed with the
implementation and financing of the Justice Center Master Plan at the revised
estimate of $55.9 million.
(#20040291-Construction and Design) |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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ACTION
REQUESTED: Accept a Petition to Vacate a 12-foot wide Public
Utility Easement located at 3813 3rd St. W., Lehigh Acres, Florida
33971, and adopt a resolution, setting a Public Hearing for 5:00 PM on the 13th
day of April 2004. (Case No.
VAC2004-00011) WHY ACTION
IS NECESSARY: To construct an addition to an existing single-family
residence. 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: Sets the time and date of the Public Hearing. (#20040231-Development Services) |
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5. |
HUMAN SERVICES |
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ACTION
REQUESTED: Approve Program
Amendments to Lee County's HUD CDBG Program for HUD Fiscal Years 1998,
1999, 2000, 2001, 2002, and 2003 activities and authorize the Chairman to
sign the HUD Transmittal Letter and sub recipient contracts if any. WHY ACTION
IS NECESSARY: HUD and the Lee County Board of County
Commissioners require review and approval of any substantial changes in CDBG
projects. This approval will allow
staff to proceed with the eligible neighborhood projects. WHAT ACTION
ACCOMPLISHES: Allows for reallocation of funds to prioritized
activities. (#20040297-Human
Services) |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Accept donation of a Perpetual Drainage &
Access Easement for parcel in Gladiolus Drive Widening Project #4083;
authorize payment of recording fees and the Division of County Lands to
handle all documentation necessary to complete transaction. WHY ACTION
IS NECESSARY: The Board must accept all real estate conveyances
to Lee County. WHAT ACTION
ACCOMPLISHES: Acquires drainage easement necessary for future
widening of Gladiolus Drive.
(#20040160-County Lands) |
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ACTION
REQUESTED: Award B-04-12 CHARLEE ROAD AND DRAINAGE MSBU, for
the Public Resources Division, (MSTBU Services), to the low bidder meeting
all bidding requirements, Ajax Paving Industries, Inc., for a total
not-to-exceed amount of $229,927.31 with a project completion time of 120
calendar days. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: To provide a contractor who will construct a
20-foot wide road approximately 4000 feet in length consisting of stabilized
sub grade, limerock base, and asphalt surface along with drainage pipes and
driveway turnouts. (#20040288-MSTBU
Services) |
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7. |
PUBLIC SAFETY |
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ACTION
REQUESTED: Approve and authorize the Chairman to execute the
Launch Customer Purchase Agreement (Contract No. 2736) between Max-Viz, Inc.
and Lee County Board of County Commissioners for Eurocopter EC145 – Full
System Installed and Eurocopter BO105 – Parts and Provisioning, for an amount
of $80,000.00. WHY ACTION
IS NECESSARY: Board approval is required. WHAT ACTION
ACCOMPLISHES: To all Lee County Public Safety to purchase an EVS
system for the Primary Aircraft and to participate as Max Viz’s launch
customer for EVS on Eurcopter EC145 helicopter. (#20031318-EMS) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION
REQUESTED: Approve resolution to the United States Congress
supporting continued federal participation in beach nourishment projects. WHY ACTION
IS NECESSARY: The federal FY04/05 budget proposal includes
recommendation to drastically reduce or eliminate federal funding of beach
projects. WHAT ACTION
ACCOMPLISHES: Provides official County position in response to
federal proposal to curtail funding of beach projects. (#20040253-Natural Resources) |
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ACTION
REQUESTED: Approve Lee County’s portion of the Sixth Annual
Report for the Lee County NPDES (National Pollutant Discharge Elimination
System) Storm Water Permit (FLS000035) and authorize staff to transmit the
report to the United States Environmental Protection Agency (USEPA). Authorize Chairman to sign the
Certification Page for the NPDES Sixth Annual Report. WHY ACTION
IS NECESSARY: Annual Reports are required as a permit condition
of the Lee County NPDES permit. WHAT ACTION
ACCOMPLISHES: Provides certification the report provides an
accurate description of the activities associated with the NPDES permit. (#20040281-Natural Resources) |
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ACTION
REQUESTED: Approve the award of Project # EX040318, the
purchase of 1 John Deere 544J front end loader for the Solid Waste Division,
from Nortrax Equipment Co., at the prices given in Florida State Contract
#760-001-03-1. Contract cost is
$80,024.17 – plus non-contract options in the amount of $11,843 – for a total
cost of $91,867.17. Approval is also
requested to expend a not-to-exceed amount of $12,000 to purchase available
maintenance/warranty packages should Solid Waste determine this is in the
County’s best interest to do so. WHY ACTION
IS NECESSARY: Purchases over $50,000 must be approved by the
Board. WHAT ACTION
ACCOMPLISHES: The front-end loader will be used for the loading
and handling of waste products at Solid Waste’s landfill and transfer station
facilities. (#20040285-Solid Waste) |
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9. |
TRANSPORTATION |
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ACTION REQUESTED: Approve and authorize Chairman to execute Sub
Grant Application for Highway Safety Funds with State Of Florida Department
of Transportation, for Lee County Portable Message Boards. WHY ACTION IS
NECESSARY: Requires BOCC approval for application of grant. WHAT ACTION
ACCOMPLISHES: Allows County proceed with the application process
for grant funds from State of Florida Department of Transportation. (#20040251-Transportation) |
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ACTION REQUESTED: Approve Local Agency Program Agreement with the
Florida Department of Transportation for Traffic Operations Improvement
Project in the amount of $100,000.00. Also, approve budget resolution and
amend FY03-04 – 07-08 Capital Improvement Program. And, approve authorizing
resolution for Chairman to execute agreement. WHY ACTION IS NECESSARY: Requires BOCC approval for agreements and
amendments to CIP. WHAT ACTION ACCOMPLISHES: Allows County to proceed with Traffic Operations
Improvement at the intersection of Veterans Parkway and Del Prado
Boulevard. (#20040254-Transportation) |
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10. |
UTILITIES |
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11. |
PARKS AND RECREATION |
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ACTION REQUESTED: Accept donated equipment, by Resolution, from the
Boston Red Sox Baseball Club located at the City of Palm Park, and declare it
surplus with the exception of a Goosen Turf Vac and Sand Pro. Authorize Parks & Recreation/Fleet
Management to dispose of the donated field maintenance equipment through
Auction and include the Goosen Turf Vac and Sand Pro on the Parks and
Recreation inventory. WHY ACTION IS NECESSARY: Board approval is required to accept donation and
declare surplus, all but two pieces of equipment, in order to dispose of
equipment. WHAT ACTION ACCOMPLISHES: Enables Parks & Recreation/Fleet Management to
disposed of, all but two pieces, antiquated equipment and acquire
revenue. (#20040276-Parks and
Recreation) |
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12. |
COUNTY ATTORNEY |
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ACTION
REQUESTED: Adopt resolution approving the issuance of Lee
County Industrial Development Authority Private Activity Utility System
Revenue Bonds, Series 2004 (Bonita Springs Utilities, Inc. Project) for the
benefit of Bonita Springs Utilities, Inc. in an initial aggregate principal
amount not to exceed $57,000,000.00 for the primary purpose of financing the
acquisition, construction and equipping of certain capital improvements (the
"2004 Project") to its water and wastewater utility system and
funding any necessary reserves and paying costs associated with the issuance
of the Bonds. WHY
ACTION IS NECESSARY: Authorizes Industrial Development Authority to
issue industrial development bonds pursuant to Chapter 159, Florida Statutes. WHAT
ACTION ACCOMPLISHES: Provides Board consideration of proposed
Industrial Development Authority Bonds as required by Internal Revenue Code
and Florida Statutes. Board approval will authorize and adopt approving bond
issuance resolution.
(#20040250-County Attorney) |
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ACTION REQUESTED: Direct to public hearing a non-emergency ordinance
to terminate the Cascades Estero Community Development District (Cascades
Estero CDD) on April 13, 2004 at 5:00 PM. WHY ACTION IS NECESSARY: The Board of Supervisors of the Cascades Estero
CDD has petitioned the Board to adopt a Plan of Transfer (Termination) for
the CDD. WHAT ACTION ACCOMPLISHES: Allows a response to the Cascades Estero CDD’s
petition to terminate its existence.
(#20040283-County Attorney) |
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ACTION REQUESTED: Direct three proposed alternative blasting
ordinances to public hearings, in the Board Chambers, as follows: BOCC: April
13, 2004 at 5:05 p.m.; BOCC: April 27, 2004 at 5:05 p.m. WHY ACTION IS NECESSARY: Board direction is necessary to schedule the
public hearing. WHAT ACTION ACCOMPLISHES: Establishes public hearing dates and times for consideration of the proposed amendments to the development blasting regulations. (#20040287-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).
(#20040267-Clerk of Courts) |
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March
23, 2004
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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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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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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ACTION REQUESTED: Adopt a resolution amending the Jetport Interstate
Commerce Park DRI Development Order and Map H. WHY ACTION IS NECESSARY: Florida Statutes requires Board approval of
amendments to developments of regional impact. WHAT ACTION ACCOMPLISHES: Amends the DRI Development Order and Master
Development Plan (Map H) for the Jetport Interstate Commerce Park DRI through
an expedited process in accordance with Florida Statutes and the Lee County
Land Development Code.
(#20040257-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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5:00
PM |
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Public
Hearing |
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ACTION
REQUESTED: Conduct a Public Hearing to adopt a Petition to
Vacate a 12-foot wide Public Utility Easement located at 3732 Lee Blvd.,
Lehigh Acres, Florida 33971. (Case
No. VAC2003-00077) WHY ACTION
IS NECESSARY: To build a preschool on the combined four (4)
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.
(S27-T44S-R26E) (#5) (#20040234-Development Services) |
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Public Hearing
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ACTION REQUESTED: Adopt Resolution to create the Western Acres Road
Paving MSBU and Resolution of Intent to Reimburse Itself. WHY ACTION IS NECESSARY: Public hearing is a legal requirement in the
consideration of the creation of a Municipal Service Benefit Unit. WHAT ACTION ACCOMPLISHES: Provides an opportunity for public input. Satisfies the legal requirements of the
Florida Statutes to proceed with the creation of an MSBU for the purpose of
road paving. (#20040210-MSTBU
Services) |
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5:05
PM |
Public
Presentation of Matters by Citizens |
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Adjourn |
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