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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 |
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Donald D. Stilwell, County Manager |
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James
G. Yaeger, County Attorney |
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October 1, 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
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9:30
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Invocation: |
Dr.
William Smith |
First
Baptist Church of Fort Myers |
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Pledge
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Presentation: |
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(Commissioner
Albion-#20021080) |
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Matlacha
Marines Southwest Florida Folk and Blues Festival Resolution |
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(Commissioner
Janes-#20021088) |
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(George
Williams-#20021027) |
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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 |
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CONSENT
AGENDA
October
1, 2002
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1. |
COUNTY ADMINISTRATION |
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ACTION REQUESTED: Present to the Board for information and filing
the Object Code #504015 Expenditure Report for the third quarter of FY01-02
(April through June 2002) 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. (#20021067-County Manager) |
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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: Accept a Petition VAC2002-00015 to vacate the
southernmost portion of a sixty-foot wide platted right-of-way known as
Orange Grove Boulevard in the platted subdivision of LOCHMOOR, Unit 1; in
Section 21, Township 44, Range 24 as recorded in Plat Book 28, Pages 33
through 37 of the official Public Records of Lee County, Florida; and adopt a
resolution setting a public hearing for 5:00 p.m. on the 22nd day
of October, 2002. WHY ACTION IS NECESSARY: To construct a gated entrance for a proposed
condominium development with 226 units in two multi-story buildings. The vacation of this right-of-way
will not alter existing drainage or utilities; nor is this right-of-way
necessary to accommodate any future drainage or utility requirements. A replacement easement has been
granted to cover existing utilities, and a new cul-de-sac will be provided in
front of the proposed guardhouse. WHAT ACTION ACCOMPLISHES: Sets the date for Public Hearing. (#20020753-Development Services) |
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ACTION REQUESTED: Approve and authorize the Chairman to execute an
Interlocal Agreement with the Town of Fort Myers Beach for the delegation of
certain development review, permitting and enforcement authority, as well as
Hearing Examiner Code Enforcement Services to Lee County. Approve budget amendment resolution in the
amount of $106,184 for the services provided to the Town of Fort Myers Beach. WHY ACTION IS NECESSARY: To provide continuing, consistent services to the
Town of Fort Myers Beach. WHAT THE ACTION ACCOMPLISHES: Provides the Town of Fort Myers Beach with certain
land use related services until October 2003.
(#20021058-Community Development) |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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ACTION REQUESTED: Approve change to Educational Assistance Policy 212:1
(4) (d) to read “The number of courses the employee has submitted for
reimbursement in the calendar year shall not be limited.” This action would be retroactive to
January 1, 2002 and forward from thereafter.
To adopt a
resolution to amend the administrative code. WHY ACTION IS NECESSARY: To give employees more flexibility to arrange
their courses better. WHAT ACTION ACCOMPLISHES: Provides employees with the flexibility to take
courses as their professional and educational needs require. (#20021043-Human Resources) |
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7. |
PUBLIC SAFETY |
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ACTION
REQUESTED: Approve the changes to the Collective Bargaining
Agreement between the County and IAFF Local 1826 representing Emergency
Medical Service employees. WHY ACTION
IS NECESSARY: Board of County Commissioners approval is required
to ratify collective bargaining agreements. WHAT ACTION
ACCOMPLISHES: Executes the changes to the Collective Bargaining
Agreement. (#20021068-EMS) |
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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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ACTION REQUESTED: Approve construction of a water main extension and
one 4” diameter fire line serving the Grate Fireplace and Stone Shoppe. This is a Developer contributed asset and
the project is located on the east side of US 41 South, approximately 950’
south of Island Park Road. WHY ACTION IS NECESSARY: To provide potable water service, and fire
protection to the proposed retail store. WHAT ACTION ACCOMPLISHES: Complies with the Lee County Utilities Line
Extension Policy and provides adequate utility infrastructure to support
development of the subject property.
(#20021028-Utilities) |
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ACTION REQUESTED: Approve construction of a force main extension
serving the Tractor Supply Company.
This is a Developer contributed asset and the project is located on
the northwest corner of SR 80 and South Olga Drive. WHY ACTION IS NECESSARY: To provide sanitary sewer service, to the proposed
rural lawn, garden and agricultural supply store. WHAT ACTION ACCOMPLISHES: Complies with the Lee County Utilities Line Extension
Policy and provides adequate utility infrastructure to support development of
the subject property.
(#20021046-Utilities) |
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ACTION REQUESTED: Approve final acceptance, by Resolution, as a
donation for a water distribution system and gravity collection system
serving Reflection Lakes, Phase 6.
This is a developer-contributed asset and the project is located on
east side of Reflection Parkway, just south of Cypress Lake Drive. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this phase of the recently constructed
residential subdivision. WHAT ACTION ACCOMPLISHES: Places the water system and gravity collection
system into operation and complies with the Lee County Utilities Operations
Manual. (#20021054-Utilities) |
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ACTION REQUESTED: Approve construction of a potable water
transmission main serving Herons Glen.
This is a Developer contributed asset and the project is located on
the east side of US 41 just south of the Lee/Charlotte County line. WHY ACTION IS NECESSARY: To provide potable water and fire protection, to
the future phases of the single-family residential community. WHAT ACTION ACCOMPLISHES: Complies with the Lee County Utilities Line
Extension Policy and provides adequate water infrastructure to support
development of the future phases.
(#20021057-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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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). (#20021056-Clerk of
Courts) |
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ACTION REQUESTED: Approve payment of
delinquent tax overbid claim-Gay. WHY ACTION IS NECESSARY: Pursuant to Florida Statute 197. Lee County is holding overbid funds from delinquent tax sales. WHAT ACTION ACCOMPLISHES: The Clerk has received a claim for these funds and
requests that you release them.
(#20021060-Clerk of Courts) |
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ACTION REQUESTED: Approve payment of
delinquent tax overbid claim-Professional Research, Inc. WHY ACTION IS NECESSARY: Pursuant to Florida Statute 197. Lee County is holding overbid funds from delinquent tax sales. WHAT ACTION ACCOMPLISHES: The Clerk has received a claim for these funds and
requests that you release them.
(#20021061-Clerk of Courts) |
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ACTION REQUESTED: Approve payment of
delinquent tax overbid claim-Ryan/Quintana. WHY ACTION IS NECESSARY: Pursuant to Florida Statute 197. Lee County is holding overbid funds from delinquent tax sales. WHAT ACTION ACCOMPLISHES: The Clerk has received a claim for these funds and
requests that you release them.
(#20021062-Clerk of Courts) |
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ADMINISTRATIVE
AGENDA
October
1, 2002
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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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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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ACTION REQUESTED: Authorize the Solid Waste Division to submit an
application to the DEP at the appropriate time, to construct and operate an
additional combustion unit at the Waste to Energy facility and approve
expenditure of $50,000.00 for the application fee. Approve Supplemental Agreement No. 11 with Malcolm Pirnie, Inc.
for professional and technical support and advice during the permitting
process and contract negotiations for a not-to-exceed amount of
$988,458.00. Authorize County Staff
to commence negotiations with Covanta Energy, Inc. with the purpose of
establishing amendment(s) to the existing construction and
operations/maintenance agreements between Lee County and Covanta. Authorize County Staff to perform all required
administrative tasks related to the submittal and processing of the DEP
permit application and the contract negotiations with Covanta in order to
support these actions in a pragmatic and expeditious manner. WHY ACTION IS NECESSARY: Expenditures greater than $50,000.00 requires BOCC
approval. WHAT ACTION ACCOMPLISHES: Authorizes County Staff to move forward with the
permitting process for the Waste to Energy expansion and to negotiate
contract changes/amendments with Covanta relative to the proposed
expansion. (#20021077-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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ACTION REQUESTED: Decline to execute an IRS
Form 8283, “Non-Cash Charitable Contributions” for Messrs. Fliegel and
Derzavis relating to the County’s purchase of Conservation Land Project No.
8800; Parcel No. 156, 220.81 acres of vacant land in Cape Coral for
$2,758,506.74 on August 10, 2001.Decline to execute an IRS Form 8283 for the
Sellers, due to the fact that the County purchased all of the appraised value
of the property at the time of closing. WHY
ACTION IS NECESSARY: Sellers
have requested that the County execute an IRS Form 8283 so that they may file
for a tax deduction on an additional value of the property as determined by a
subsequent Sellers’ appraisal (April 3, 2002) of $4,416,200.00. WHAT
ACTION ACCOMPLISHES: Decline
to execute an IRS Form 8283 as a “Donee”, when the County acquired all
appraised value of the property at the time of closing, thereby becoming a
“bona fide purchaser for full value”, rather than the recipient of a gift or
“bargain sale” from the Sellers of the property. (#20021076-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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APPEALS
AGENDA
October 1, 2002
CONTINUATION OF ADMINISTRATIVE AGENDA
ACTION REQUESTED:
To hear the Bid Protest and consider rejection of Quote # Q-020386, The Sale of Property located at 15720, 15761, 15790, 15800, and 15900 Park Way, Fort Myers, Florida, for the Division of County Lands. To consider Dispute Committee’s recommendation to uphold County Lands evaluation to reject all quotes.
WHY ACTION IS NECESSARY:
Pursuant to the Lee County Payment and Procedures Manual, the Board will hear from the parties involved in the protest and may then decide whether to uphold or overturn the Dispute Committee’s recommendation, with articulated reasons for the decision.
WHAT ACTION ACCOMPLISHES:
Resolves the Bid Protest. (#20021074-County Lands)