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

 

August 27, 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:

Pastor Joey Brummett

First Church of the Nazarene

 

 

 

 

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

August 27, 2002

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Approve attached proposed FY02-03 06/07 Capital Improvement Program as reviewed on July 10, 2002.

WHY ACTION IS NECESSARY:

Official action is required as follow-up to the CIP Workshop.

WHAT ACTION ACCOMPLISHES:

Allocates funding, in concept, for FY02/03 – 06/07 Capital Improvement Program and streamlines the project evaluation process.  (#20020942-Budget Services)

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Execute a grant award agreement for the Lee County Historic Preservation Grant assistance program for the Black History Society, Inc.

WHY ACTION IS NECESSARY:

$400 in Lee County Historic Preservation Grant assistance funds must be reallocated as one of the grantees has declined receipt of the funds due to unforeseen personal circumstances.

WHAT ACTION ACCOMPLISHES:

Allows the county to enter into a grant award agreement for $400.  (#20020929-Planning)

 

5.

HUMAN SERVICES

 

 

(a)

ACTION REQUESTED:

Consider contract adjustments for medical malpractice and workers compensation for Shady Rest Care Pavilion, Inc.

WHY ACTION IS NECESSARY:

To adjust current required liability insurance.

WHAT ACTION ACCOMPLISHES:

Amends Operations and Lease Agreement with Shady Rest Care Pavilion, Inc.  (#20020782-Human Services)

 

 

(b)

ACTION REQUESTED:

Approve submission to the State Office on Homelessness, Tallahassee, of Lee County’s Homeless Continuum of Care Challenge Grant FY 2003.  Authorize Chairman to sign Cover Letter and Certifications, and authorize Chairman to 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 Challenge Grant competition

WHAT ACTION ACCOMPLISHES:

Allows Lee County to apply for state funding for local homeless projects by the Department of Human Services and local non-profit agencies.  (#20020946-Human Services)

 

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve the recommendations of the Conservation Lands Acquisition and Stewardship Advisory Committee to pursue the acquisition of approximately 10 acres on the Orange River and 14.5 acres next to the Charlotte Harbor Flatwoods Florida Forever Preserve. Authorize the Division of County Lands to begin the acquisition process for the properties known as Conservation 2020 Nominations 192 and 202.

WHY ACTION IS NECESSARY:

Required by Lee County Ordinance 96-12.

WHAT ACTION ACCOMPLISHES:

Begins the process of negotiation and purchase of certain, identified environmentally sensitive lands as set forth by County Ordinance 96-12 and the Conservation 2020 Program.  (#20020909-County Lands)

 

 

(b)

ACTION REQUESTED:

Accept staff recommendation to reject all bids submitted in response to Formal Quotation #Q-020386, Sale of Property located at 15720, 15761, 15790, 15800, and 15900 Park Way, Fort Myers, Florida, for the Division of County Lands.

WHY ACTION IS NECESSARY:

On August 29, 2000, the Board took action declaring this property surplus and authorizing the Division of County Lands, in cooperation with the Division of Purchasing Services, to accept sealed quotations to dispose of this surplus property.  The Board’s action on that date indicated that staff must return to the Board for acceptance or rejection of the quotations.

WHAT ACTION ACCOMPLISHES:

Fulfills the requirements of the August 29, 2000 action.  (#20020895-County Lands)

 

 

(c)

ACTION REQUESTED:

Approve the Lee County Library System’s Public Internet Access Plan of Action to implement the five (5) options as directed by the Board of County Commissioners

WHY ACTION IS NECESSARY:

To formally adopt the policies, procedures and Board options for library patrons’ use of public Internet computers.

WHAT ACTION ACCOMPLISHES:

Enhances control of Internet Access at the Lee County Libraries.  (#20020940-Library)

 

 

(d)

ACTION REQUESTED:

Approve the purchase of a ±14 acre parcel of land for the Lakes Regional Library Project, No. 3609, pursuant to the terms and conditions as set forth in the Purchase Agreement; authorize the Chairman on behalf of the Board of County Commissioners to sign the Purchase Agreement, authorize payment of necessary fees to close; initiate a Board of County Commissioners sponsored rezoning from AG-2 to CF-1 for the subject property (STRAP No. 33-45-24-00-00001.0010) and authorize the Division of Planning to act as the County’s agent for the rezoning; authorize the Division of County Lands to handle and accept all documentation necessary to complete the transaction.

WHY ACTION IS NECESSARY:

The Board must formally accept all real estate conveyances to Lee County.  Also, the current zoning, AG-2, does not include “Library” as a permitted use.  A rezoning of the subject property to CF-1, will allow the use of a library. 

WHAT ACTION ACCOMPLISHES:

The acquisition of a ±14 acre site for the Lakes Regional Library and allows staff to proceed to have the property rezoned from AG-2 to CF-1.   (#20020927-County Lands)

 

 

(e)

ACTION REQUESTED:

Approve the purchase of Parcel 1566, a vacant waterfront property in Cape Coral, for the Veterans Memorial Parkway Extension, from Surfside Boulevard to Chiquita Boulevard, Project No. 5020, pursuant to the terms and conditions set forth in the Purchase Agreement; authorize Chairman on behalf of the BOCC to execute Purchase Agreement; authorize payment of necessary fees 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:

Acquires the property, thus avoiding the Board’s need to exercise its power of Eminent Domain.  (#20020930-County Lands)

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Approve listing of 22 Mandatory Garbage Hardship Payment Deferral requests for Fiscal Year 02/03, October 1, 2002 through September 30, 2003. Approved listing will be submitted to the Property Appraiser for proper notation on the solid waste roll, and the Solid Waste Division will record a lien against the applicant’s property.

WHY ACTION IS NECESSARY:

Authorize applicants for Hardship Payment Deferral Program in accordance with Mandatory Garbage Ordinance 86-14 and amending Ordinance 95-19, Section 6.7a.

WHAT ACTION ACCOMPLISHES:

Defers payment, and provides for the recording of liens under the Mandatory Garbage Hardship Deferral Program.  (#20020920-Solid Waste)

 

 

(b)

ACTION REQUESTED:

Approve Resolution to the State of Florida Trustees of the Internal Improvement Trust fund requesting use of state lands in Gasparilla Island State Park and Lovers Key State Park for completion of beach renourishment projects.

WHY ACTION IS NECESSARY:

In accordance with Florida Administrative Code 18-2.018(2)(o), requests by local governmental agencies for any activity on state owned uplands shall be by formal action by the appropriate governing board.

WHAT ACTION ACCOMPLISHES:

Requests use of state property for access, construction, and maintenance of beach renourishment projects on Gasparilla Island and Lovers Key, including construction of a T-head groin in Gasparilla Island State Park.  (#20020926-Natural Resources)

 

 

(c)

ACTION REQUESTED:

Adopt budget resolution in the amount of $65,656 for Waste Tire Grant for FY 03.

WHY ACTION IS NECESSARY:

To establish the budget for the Waste Tire Grant.

WHAT ACTION ACCOMPLISHES:

Adjusts the Division’s budget for grant expenditures and revenues.  (#20020928-Solid Waste)

 

 

9.

TRANSPORTATION

 

(a)

ACTION REQUESTED:

Approve acceptance of the specific purpose survey of the maintained right-of-way prepared by the engineering firm of James R. Coleman & Associates, Inc., land surveying consultants for a portion of Imperial Street between Bonita Beach Road and East Terry Street.  Also approve and accept county employee Maintenance affidavits for this portion of Imperial Street within Section 36 Township 47 Range 25.

WHY ACTION IS NECESSARY:

A specific purpose survey and affidavits of the maintained right-of-way of Imperial Street from Bonita Beach Road to East Terry Street have never been filed and recorded in the public records.

WHAT ACTION ACCOMPLISHES:

Filing and recording of the Specific Purpose Survey and affidavits enters into public record the location, width and ownership of the right-of-way of Imperial within Section 37 Township 47 Range 25 from Bonita Beach Road to East Terry Street.  (#20020894-Transportation)

 

 

(b)

ACTION REQUESTED:

Award Change Order No. 1 to APAC-Florida for $81,855.00 on the Daniels Road and McGregor Boulevard Resurfacing Contract.

WHY ACTION IS NECESSARY:

Board approval required for Change Orders over $50,000.00.

WHAT ACTION ACCOMPLISHES:

Enables Lee County DOT to resurface additional streets at the established low bid price.  (#20020945-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve final acceptance, by Resolution, and recording of one utility easement as a donation for a 4” diameter fire line and a 2” potable water service relocation serving Gulf Star Marina.  This is a Developer contributed asset project located on the east side of San Carlos Boulevard approximately 650’ south of Main Street.

WHY ACTION IS NECESSARY:

To provide fire protection and potable water service to the recently redeveloped marina complex.

WHAT ACTION ACCOMPLISHES:

Places the fire line potable water service into operation and complies with the Lee County Utilities Operations Manual.  (#20020889-Utilities)

 

 

(b)

ACTION REQUESTED:

Approve construction of two 8’’ diameter master meter assemblies and a force main extension serving Bay Harbor. This is a Developer contributed asset and the project is located on the east side of McGregor approximately 1/2 mile south of Cypress Lake Drive.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to this proposed 212-unit apartment complex.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20020898-Utilities)

 

 

 

(c)

ACTION REQUESTED:

Approve construction of a force main serving Abuse Counseling and Treatment, Inc.   This is considered a Developer contributed asset project that is located on the north side of Center Road between Third and Fourth Streets, within Page Park.

WHY ACTION IS NECESSARY:

To provide sanitary sewer service to the existing and expanded portion of the Counseling & Treatment facility.

WHAT ACTION ACCOMPLISHES:

Complies with the Lee County Utilities line extension policy and provides adequate utility infrastructure to support development of the proposed facility expansion.  (#20020913-Utilities)

 

 

(d)

ACTION REQUESTED:

Approve construction of water distribution and gravity collection systems serving the Shenandoah Subdivision.  This is a Developer contributed asset and the project is located on the southwest corner of Cook Road and Vesta Lane, approximately 1,500’ north of McGregor Boulevard.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to the proposed 20-lot single-family subdivision.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20020916-Utilities)

 

 

(e)

ACTION REQUESTED:

Decrease the approved piggybacking amount from Charlotte County, Bid #00-281/Contract 2000000281, for Wastewater Collection System Sewer Rehabilitation, to Azurix North American Underground Infrastructure Inc. in the amount of  $187,692.00 and approve the utilization of piggybacking from the City of Orlando, Bid #199-1310 for Sanitary Sewer Line & Manhole Rehabilitation, for approximately 4,000 LF of Gravity Sewer Mains in Waterway Estate, with Griner’s Pipeline Services A Division of ADS Corporation, in the not-to-exceed amount of $180,000.00.

WHY ACTION IS NECESSARY:

In accordance with the Lee County Contract Manual, approved by the Board on September 25, 2001, Section 5: Unique Services, 5.0 Piggybacking, the Board must approve all piggyback services over $50,000.00.

WHAT ACTION ACCOMPLISHES:

This will allow the department to utilize 2 different contractors, while saving additional money.  By allowing the department to piggyback onto the Charlotte County and City of Orlando contract it will allow Lee County Utilities to complete the needed slip-lining as quickly as possible and with an estimated savings of $22,500 per year in operating costs and a reduction of 0.025MGD of groundwater going into our system.  (#20020941-Utilities)

 

 

11.

PARKS AND RECREATION

 

 

(a)

ACTION REQUESTED:

Award B-02-21 PINE ISLAND POOL RENOVATIONS, for Parks & Recreation, to the lowest responsive/responsible bidder meeting all bidding requirements, Aquamarine Swimming Pool Co., for a total lump sum contract amount of $106,000.00, with a project completion time of 90 calendar days.

WHY ACTION IS NECESSARY:

Pursuant to Administrative Code AC-4-4 Lee County Contracts Manual, approved by the Board on September 25, 2001, construction projects estimated to be over $50,000 will be executed through the formal advertised sealed bid procedures.

WHAT ACTION ACCOMPLISHES:

Provides a contractor who will furnishing all labor, materials and equipment for proper resurfacing of the community pool located at 5676 Sesame Drive, Pine Island, FL.  The work includes, but is not limited to, the following: (1) remove old fiberglass and old marcite as necessary to meet sanctioning requirements for swim meets (length not less than 25 yards); (2) replace all frames and grates; (3) replace all return line jets; (4) remove all light fixtures and patch holes flush with the pool wall; (5) assure all exit ladders and hand rails are in good repair, functional and in compliance with current codes; (6) remove and replace old lane-lines and wall target tiles to be non-skid finish, remove and replace all water line and gutter tile; (7) add tile as necessary to comply with current codes; (8) upgrade depth markers to comply with current codes; (9) add AND DIVING@ markers as necessary to comply with current codes; (10) provide de-watering when required; (11) make required contacts with local Health Department; (12) apply Armour coat, cl industries or Ulta Plus or permitted substitute to entire surface of pool, pool surge tank. and start filling the pool within 24 hour period; (13) all materials shall be mixed with and applied with the proper equipment; (14) provide initial chemical startup upon completion.  (#20020876-Parks & Recreation)

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Approved continued use of the law firm of Williams, Mullen, Clark & Dobbins through the persons of R. Stuart Broom, Esq. and William (“Tracy”) Schwarzschild, Esq. for legal services relating to the Lee County Waste-to-Energy Third Boiler Unit and Covanta, Inc. Bankruptcy, up to $200,000.00.

WHY ACTION IS NECESSARY:

Expenditures for outside legal services above the County Attorney’s and County Manager’s authorization levels must be approved by the Board of County Commissioners.

WHAT ACTION ACCOMPLISHES:

Allows for continued use of outside legal services for two essential matters involving Covanta, Inc. that require outside legal representation in foreign (“out-of-state”) venues.  (#20020924-County Attorney)

 

 

(b)

ACTION REQUESTED:

Approve an Interlocal Agreement between Iona-McGregor Fire Protection and Rescue Service District and Lee County.  This will be a cost to Lee County of $225,000 over a period of three years using EMS Impact Fees.

WHY ACTION IS NECESSARY:

The Board of County Commissioners approves Interlocal Agreements.

WHAT ACTION ACCOMPLISHES:

Provides Lee County with much needed space for the use and benefit of emergency vehicles in the event of a storm, civil emergency or forced lock down.

(#20020554-County Attorney)

 

 

(c)

ACTION REQUESTED:

Approve Nuisance Abatement Interlocal Agreement with the City of Bonita Springs to opt into the Lee County Nuisance Abatement Ordinance and Program.

WHY ACTION IS NECESSARY:

The Board of County Commissioners must approve all Interlocal and Intergovernmental Agreements.

WHAT ACTION ACCOMPLISHES:

County and Sheriff agree to make the Nuisance Abatement Board available to hear and decide cases that have occurred within the City of Bonita Springs.  (#20020943-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).  (#20020903-Clerk of Courts)

 

 

(b)

ACTION REQUESTED:

Present 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.  (#20020904-Clerk of Courts)

   

ADMINISTRATIVE AGENDA

August 27, 2002

 

 

1.

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:

Consider authorizing the County’s use of Kissinger Campo & Associates (KCA) to provide professional engineering services in a manner similar to the terms and conditions contained in the 7/8/02 Settlement Agreement between the Florida Department of Transportation (FDOT) and KCA.

WHY ACTION IS NECESSARY:

It is appropriate for the Board to consider whether they wish to continue using KCA to provide professional engineering services to the County after the filing of a lawsuit by the state against KCA.

WHAT ACTION ACCOMPLISHES:

The County will make an informed decision as to whether or not it should continue business with KCA in the same manner as the FDOT is doing pursuant to the Settlement Agreement.  (#20020915-Transportation)

 

 

(b)

ACTION REQUESTED:

Approve a change in the proposed transportation CIP to add $2 million in ad valorem funds to CIP Project #6024-65 in FY 02/03 and amend the proposed FY02/03-06/07 CIP accordingly.

WHY ACTION IS NECESSARY:

Board approval of future year CIP changes is necessary prior to September 5th budget hearing.

WHAT ACTION ACCOMPLISHES:

Authorizes change to proposed CIP consistent with previous Board direction.  (#20020918-Transportation)

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Approve the Resolution of Necessity for the acquisition and condemnation of Parcels 100 through 163, required for the Palmetto Avenue Extension Project, No. 4073.

WHY ACTION IS NECESSARY:

The Board must formally approve the Amended Resolution of Necessity prior to proceeding with condemnation of parcels necessary for the project.

WHAT ACTION ACCOMPLISHES:

Allows the County to proceed with condemnation, if necessary, so parcels can be acquired for the Palmetto Avenue Extension Project, No. 4073.  (#20020762-County Attorney)

 

 

(b)

ACTION REQUESTED:

Approve certain administrative adjustments related to the implementation of Lee County Resolution 92-09-51, “Agreement and Guidelines Between Lee County and Court Services, now “Court Administration”.”  Approve use of County F.E.I.N. for Court Administration “County Court” employees, for federal and state reporting purposes only and other articulated adjustments.

WHY ACTION IS NECESSARY:

Over the course of the past 10 years, certain administrative circumstances have changed with respect to reporting certain matters between the Clerk of Courts and Court Administration.

WHAT ACTION ACCOMPLISHES:

Provides authorization for certain administrative matters between the Clerk of Courts and Court Administration to be revised, updated and corrected to reflect current procedures for reporting, accounts management and auditing.  (#20020932-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

PUBLIC AGENDA

August 27, 2002

5:00 PM

 

(#1)

Public Hearing

 

ACTION REQUESTED:

Conduct a Public Hearing to consider and adopt an amendment to Lee County Ordinance 98-08, relating to the Heron’s Glen Recreation District.

WHY ACTION IS NECESSARY:

A Public Hearing is required to amend 98-08.

WHAT ACTION ACCOMPLISHES:

Amend Section 4 of 98-08 (amended by 98-18), providing for members of the Board of Supervisors to begin serving their term of office on April 1st of the year in which they are elected.  (#20020921-County Attorney)

 

 

(#2)

Public Hearing

 

ACTION REQUESTED:

Conduct Public Hearing for Board to adopt and certify by Resolution, the Residential and Commercial Solid Waste Annual Special Assessment Rolls, and MSTU Tax Roll for collection by the Lee County Tax Collector for Fiscal Year 2002-2003, pursuant to the Uniform Method of Collection for Non-Ad Valorem Special Assessments under Section 197.3632, Florida Statutes.

WHY ACTION IS NECESSARY:

Lee County Ordinances 00-20 and 96-09, both as amended, Florida Administrative Code, and County Administrative Code Policies and Procedures for implementation of the Residential and Commercial Mandatory Solid Waste Collection and Disposal Program require adoption and certification by Resolution of the Annual Special Assessment Roll and MSTU Tax Rolls to the Tax Collector for collection.

WHAT ACTION ACCOMPLISHES:

Complies with Lee County Ordinances 00-20 and 96-09, both as amended, Florida Administrative Code and Lee County Administrative Code Policies and Procedures which provide for collection of the Solid Waste Special Assessments and MSTU Millage for Fiscal Year 2002-2003 by the Lee County Tax Collector; pursuant to the Uniform Method of Collection for Non-Ad Valorem Special Assessments under Section 197.3632, Florida Statutes.  (#20020911-Solid Waste)

 

 

(#3)

Public Hearing

 

ACTION REQUESTED:

Adopt replacement ordinance for Lee County Blasting Ordinance No. 99-07.

WHY ACTION IS NECESSARY:

Two public hearings are required under Florida Law.

WHAT ACTION ACCOMPLISHES:

Allows for discussion and public input on proposed amendments.  (#20020367-County Attorney)

 

 

5:05 PM

Public Presentation of Matters by Citizens

 

 

Adjourn