|
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 |
||
December 10, 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: |
Rich
Reaves, Associate Minister |
Gulf
Coast Church of Christ on McGregor |
|
|
|
|
|
||
|
|
Pledge
of Allegiance |
|
||
|
|
|
|
|
|
|
|
Recap |
|
|
|
|
|
|
|||
|
|
Public
Comment on the Consent and Administrative Agenda |
|||
|
|
|
|||
|
|
||||
|
|
· |
Items
to be pulled for discussion by the Board |
||
|
|
· |
Motion
to approve balance of items |
||
|
|
· |
Consideration
of items pulled for discussion |
||
|
|
|
|||
|
|
||||
|
|
|
|||
|
|
Walk-ons
and Carry-overs |
|||
|
|
|
|||
|
|
Commissioners'
Items/Committee Appointments |
|||
|
|
|
|||
|
|
County
Manager Items |
|||
|
|
|
|||
|
|
County
Attorney Items |
|||
|
|
|
|||
|
ACTION REQUESTED: Approve
request to amend the Miromar Lakes DRI Development Order. (#20021351-Couny Attorney) |
||||
|
|
|
|||
|
|
Adjourn
until 5:00 PM |
|||
December
10, 2002
|
1. |
COUNTY ADMINISTRATION |
|||
|
2. |
CONSTRUCTION AND DESIGN |
|||
|
|
ACTION REQUESTED: Approve Addendum to the Construction Management
Agreement under RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION
MANAGEMENT, for the project known as Lee County Sports Complex New Irrigation
Pump Installation, to Target Builders Inc., for the Guaranteed Maximum Price
(GMP) of $80,521.00 (includes the CM fee of $7,320.00). 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. WHY ACTION IS NECESSARY: Pursuant to Administrative Code AC-4-4 Lee County Contract Manual for Construction Projects, approved by the Board on September 25, 2001, construction projects estimated to be over level four authorization will be executed through the formal process. WHAT ACTION ACCOMPLISHES: Provides the County with a Construction Manager
that will provide for the work to accomplish the removal of the old
irrigation pumping station and replace it with a new more reliable
system. (#20021326-Facilities
Management) |
|||
|
3. |
COUNTY COMMISSIONERS |
|||
|
4. |
COMMUNITY DEVELOPMENT |
|||
|
5. |
HUMAN SERVICES |
|||
|
|
ACTION
REQUESTED: Approve Program
Amendments to Lee County's HUD CDBG Program for HUD Fiscal Year 1999,
2001, 2002 activities and authorize the Chairman to sign the HUD Transmittal
Letter and sub recipient contracts if any. WHY ACTION
IS NECESSARY: HUD regulations and the County Administrative Code
15-2 require Board approval for significant HUD CDBG Program amendments WHAT ACTION
ACCOMPLISHES: Allows for reallocation of funds to prioritized
activities. (#20021374-Human Services) |
|||
|
6. |
INDEPENDENT |
|||
|
|
ACTION REQUESTED: Approve reconveyance of a property originally
donated for a perpetual utility easement located in Section 19, Township 45
South, Range 25 East; authorize Chairman on behalf of the Board of County
Commissioners to execute County Deed; authorize County Lands Division to
handle and complete all documentation necessary to finalize this transaction. WHY ACTION IS NECESSARY: The current property owners have requested the
return of this easement in accordance with F.S. 255.22. Board execution of the county deed is
necessary to transfer a county interest in the property. WHAT ACTION ACCOMPLISHES: Extinguishes the county’s easement in
property. (#20021204-County Lands) |
|||
|
7. |
PUBLIC SAFETY |
|||
|
8. |
SOLID WASTE-NATURAL RESOURCES |
|||
|
|
ACTION
REQUESTED: Approve and execute Agreement No. C-15375,
Collection of Surface Water Quality in Lee County, between the South Florida
Water Management District and Lee County.
The South Florida Water Management District has allocated a not to
exceed amount of $6,200.00 for Environmental Lab staff to collect two (2)
surface water samples on a monthly basis and ship samples to the Florida
Department of Environmental Protection for analysis. 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 surface water sampling. (#20021370-Natural Resources) |
|||
|
9. |
TRANSPORTATION |
|||
|
|
ACTION REQUESTED: Approve and execute the Golf Cart Overpass License
Construction Maintenance and Hold Harmless Agreement between Lee County and
Miromar Lakes, LLC. WHY ACTION IS NECESSARY: County regulations require Board adoption of the
agreement. WHAT ACTION ACCOMPLISHES: Sets forth the rights and obligations of the
parties with respect to the Golf Cart Overpass within the Miromar Lakes Beach
and Golf Club crossing over Ben Hill Griffin Parkway. (#20021295-Transportation) |
|||
|
10. |
UTILITIES
|
|||
|
|
ACTION REQUESTED: Authorize staff to “terminate for convenience”
Professional Services Agreement CN-02-05 (Contract No. 2062), Olga Water Treatment Plant Reservoir &
Plant Improvements, with Parsons Engineering Science, Inc. for Lee
County Utilities Division. WHY ACTION IS NECESSARY: Pursuant to Lee County policy, termination of a
Board approved Agreement requires Board authorization. WHAT ACTION ACCOMPLISHES: Terminates current Agreement with Consultant
providing professional design services for the Olga WTP Reservoir & Plant
Improvements project.
(#20021365-Utilities) |
|||
|
|
ACTION
REQUESTED: Award Professional Services Agreement for CN-02-27
LEE COUNTY WATER SYSTEM VULNERABILITY STUDY, to Malcolm Pirnie Inc., for a
lump sum amount of $128,531.00. WHY ACTION
IS NECESSARY: Pursuant to the Contract Manual, approved by the
Board on September 25, 2001, the Board is required to approve all
Professional Services Agreements. WHAT ACTION
ACCOMPLISHES: This project involves the Consultant providing
professional services to include the development of a Vulnerability
Assessment for the entire Lee County Potable Water system in accordance with
the requirements of its USEPA Vulnerability Assessment Grant. (#20021373-Utilities) |
|||
|
11. |
PARKS AND RECREATION |
|||
|
|
ACTION
REQUESTED: Request Board approve and sign submission of a
grant application to the Department of State, Historical Resources Grants in
Aid. WHY ACTION
IS NECESSARY: To formally approve submission of grant
application. Application requires Chairman of the Board signature. WHAT ACTION
ACCOMPLISHES: Allows Board to be made aware of grant
application. (#20021378-Parks and
Recreation) |
|||
|
|
ACTION
REQUESTED: Request Board approval and to execute two
Amendments to contracts, beginning 7/1/2002, with the Florida Department of
Children and Family Services. These
contracts are for the Family Connection Center to operate an on-going
supervised visitation and parent education program, $ 27,320.00 (DCF Contract
HJL16) for Parent Education services with a match of `$6,830.00, and
$79,677.00 (DCF Contract HJL13) for Supervised Visitation program with a
match of $18,089.62. WHY ACTION
IS NECESSARY: To formalize the acceptance of amendments to all
Board approved contracts. WHAT ACTION
ACCOMPLISHES: Amendment 1 replaces Exhibit C, 3MP report,
Exhibit D, CFS reporting tool, Exhibit G, monthly invoice, adds and changes
to contract language.
(#20021324-Extension Services) |
|||
|
12. |
COUNTY ATTORNEY |
|||
|
13. |
HEARING EXAMINER |
|||
|
14. |
PORT AUTHORITY |
|||
|
15. |
CONSTITUTIONAL OFFICERS |
|||
|
|
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). (#20021366-Clerk of Courts) |
|||
December
10, 2002
|
1. |
COUNTY ADMINISTRATION |
||
|
2. |
CONSTRUCTION AND DESIGN |
||
|
3. |
COUNTY COMMISSIONERS |
||
|
|
ACTION REQUESTED: Discuss and possibly implement a loan from the Lee
County Government to the Lee Memorial Hospital Board for Trauma Center only
expenses. WHY ACTION IS NECESSARY: To provide a short-term specific bridge loan
until the Hospital Board and the Southwest Florida delegation can come up
with a long-term solution to the Trauma Center. WHAT ACTION ACCOMPLISHES: Helps with loan for Trauma Center only
expenses to the Hospital Board until the Hospital and the State can come up
with a long-term solution.
(#20021384-County Commission) |
||
|
4. |
COMMUNITY DEVELOPMENT |
||
|
5. |
HUMAN SERVICES |
||
|
6. |
INDEPENDENT |
||
|
7. |
PUBLIC SAFETY |
||
|
|
ACTION
REQUESTED: Approve Bid Waiver # W-030132 to waive the formal
quoting procedure and allow the Lee County Division of Public Safety to
expend a not-to-exceed amount of $220,000.00 (from the 911 user fee
contingency fund) to purchase sixteen (16) Bramic 911 dispatch positions from
Bramic Creative Business Products Ltd. for the Lee County Sheriff’s
Office. A bid waiver has been
requested because Bramic Creative Business Products Ltd. is the sole source
for Bramic 911 console furniture. It
should also be noted that the Bramic 911 console furniture offers several
proprietary features that are summarized. 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: The purchase will provide 911 consoles that are
designed to provide better working conditions for personnel and allow for
more efficient operation of the 911 equipment. (#20021348-Communications) |
||
|
8. |
SOLID WASTE-NATURAL
RESOURCES |
||
|
9. |
TRANSPORTATION |
||
|
10. |
UTILITIES |
||
|
11. |
PARKS AND RECREATION |
||
|
12. |
COUNTY ATTORNEY |
||
|
13. |
HEARING EXAMINER |
||
|
14. |
PORT AUTHORITY |
||
CONVENE AS BOARD OF PORT COMMISSIONERS
|
|
ACTION REQUESTED: Approve the Actual Fiscal Year 2001-2002 Rates and
Fees for the Southwest Florida International Airport and any refunds and
rebates payable to the airlines, as required by the Amended and Restated
Airport Use Agreement. (Port
Authority) |
RECONVENE AS BOARD OF COUNTY COMMISSIONERS
|
15. |
CONSTITUTIONAL OFFICERS |
PUBLIC AGENDA
December 10, 2002
|
5:00
PM |
|||
|
Public
Hearing |
|||
|
|
ACTION REQUESTED: Adopt a Resolution on Petition VAC2002-00049 to
Vacate (3) 12-foot wide Public Utility Easements common to Lots 6/7, 7/8, and
8/9, Block 10, Unit 5, a subdivision of Lehigh Acres, in Lehigh Acres,
Florida. WHY ACTION IS NECESSARY: To develop a commercial business on the combined
lots. The vacation of the public
utility easements will not alter existing utilities and the easements are not
necessary to accommodate any future utility requirements. WHAT THE ACTION ACCOMPLISHES: Vacates a 12-foot wide Public Utility
Easement. (S04-T45S-R26E) (#5)
(#20021173-Development Services) |
||
|
Public
Hearing |
|||
|
|
ACTION
REQUESTED: Adopt a Resolution on Petition #VAC2002-00047 to
Vacate a Public Utility and Drainage Easement common to Lots 6 & 7, Block
72, Unit 13, a subdivision of Lehigh Acres WHY ACTION
IS NECESSARY: Vacating this easement will eliminate the encroachment
of a home and play house that was built in 1985 and will also provide clear
title for the property. The vacation of the Public Utility and Drainage
Easement will not alter existing utilities or drainage and the easement is
not necessary to accommodate any future utility or drainage requirement. WHAT ACTION
ACCOMPLISHES: Vacates
the Public Utility and Drainage Easement.
(S25-T45S-R27E) (#5) (#20021339-Development Services) |
||
|
Public
Hearing |
|||
|
|
ACTION
REQUESTED: Adopt a Resolution on Petition VAC2002-00038 to
Vacate a 12 foot Public Utility Easement, located between the common lot
lines of lots 15 & 16, Block 21, Lehigh Acres, Florida, less and except
the east and west 6 feet thereof. WHY ACTION
IS NECESSARY: To vacate the easement in order to expand a Single
Family Residence. These easements are
not required to accommodate any future Utility or tight of ways needs and the
vacation will not impact any existing utilities. WHAT ACTION
ACCOMPLISHES: Vacates the easement. (S18-T44S-R27E)
(#5) (#20021380-Development
Services) |
||
|
Public
Hearing |
|||
|
|
ACTION
REQUESTED: Adopt a Resolution on Petition VAC2002-00050 to
vacate a Twelve foot wide Public Utility Easement common to Lots 11 and 12,
Block 77, Unit 8 a Subdivision of Lehigh Acres, Florida WHY ACTION
IS NECESSARY: To construct a Single Family Residence. 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 ACTION
ACCOMPLISHES: Vacates the easement. (S34-T44-R26E)
(#5) (#20021381-Development
Services) |
||
|
Public
Hearing |
|||
|
|
ACTION
REQUESTED: Conduct a Public Hearing to consider approval of
Resolution of Intent electing to use the Uniform Method of Collecting Non-Ad
Valorem Special Assessments levied in the Unincorporated Area of Lee County. WHY ACTION
IS NECESSARY: Florida Statute 197.3635 requires the Board to
approve a Resolution of Intent prior to January 1, for the option to use the
Uniform Method of Collection for Non-Ad Valorem Special Assessments on the
following November tax bill. WHAT ACTION
ACCOMPLISHES: Allows staff to proceed with the Florida Statute
requirements for the option to utilize the Uniform Method of Collection for
Non-Ad Valorem Special Assessments.
(#20021332-MSTBU Services) |
||
|
Public
Hearing |
|||
|
|
ACTION REQUESTED: Conduct a public hearing and consider the adoption
of a County Resolution for the approval and authorization for the Chairman’s
signature on a Tri-Party Franchise Agreement to Bonita Springs Utilities,
Inc. (BSU) for providing public water and sewer services from the City of
Bonita Springs and Lee County. WHY ACTION IS NECESSARY: Franchises granted by Lee County to eligible
utilities must be executed by the Board of County Commissioners per general
law. WHAT ACTION ACCOMPLISHES: Provides a City / County Franchise to BSU for
providing water and sewer services in a defined area of southern Lee
County. (#20021344-County Attorney) |
||
|
Public
Hearing |
|||
|
|
ACTION
REQUESTED: To adopt and enact an ordinance, with staff
recommended conditions, to establish a Uniform Community Development District
(UCDD) to be known as the Cascades Estero Community Development District
ordinance. WHY
ACTION IS NECESSARY: An ordinance adopted by the BOCC is the exclusive
means to establish a UCDD of less than 1,000 acres in size. WHAT
ACTION ACCOMPLISHES: Creates an independent special district that
provides an alternative method to manage and finance basic services for
community development. (#20021377-County Attorney) |
||
|
Public
Hearing |
|||
|
|
ACTION
REQUESTED: Conduct a Public hearing to consider adopting a
Resolution approving the transfer of AOL/Time Warner to Time Warner Cable Inc
(TWC). WHY ACTION
IS NECESSARY: Lee County Ordinance No. 89-05, as amended by Lee
County Ordinance No. 01-05, and FCC Form 394 sets forth the procedure for
transferring the control of cable television franchises. WHAT ACTION
ACCOMPLISHES: Formalizes the process for the County to give
permission for the transfer of control of the cable television franchise. (#20021275-Public Resources) |
||
|
Public
Hearing |
|||
|
|
ACTION
REQUESTED: Conduct a Public Hearing to approve the Franchise
Agreement between Lee County and Time Warner Cable Inc. WHY ACTION
IS NECESSARY: Lee County Ordinance No. 89-05, as amended by Lee
County Ordinance No. 01-05, and Federal Communications Act sets forth the
procedure for approving Franchise Agreements. WHAT ACTION
ACCOMPLISHES: Formalizes the process for the County to approve a
franchise agreement.
(#20021276-Public Resources) |
||
|
5:05
PM |
|||
|
Public
Hearing |
|||
|
|
ACTION REQUESTED: Conduct second public hearing on proposed
amendments to the Land Development Code (LDC) pertaining to the Fire and EMS
Impact Fee Update. WHY ACTION IS NECESSARY: Public hearings are required under Florida Law. WHAT ACTION ACCOMPLISHES: Allows for discussion and public input on proposed
amendments. (#20021379-County
Attorney) |
||
|
5:05
PM |
Public
Presentation of Matters by Citizens |
||
|
|
Adjourn |
||