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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 |
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Donald D. Stilwell, County Manager |
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James
G. Yaeger, County Attorney |
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February 18, 2003 |
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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
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9:30
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Invocation: |
Dr.
Stanley W. Possell |
Ft.
Myers Congregational United Church of Christ |
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Pledge
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Presentation: |
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(Commissioner
St. Cerny-#20030169) |
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Emergency
Planning and Community Right-to-Know Awareness Week Resolution |
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(Commissioner
Judah-#20030170) |
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(Commissioner
Judah-#20030171) |
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(Commissioner
Janes-#20030119) |
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(Booch
DeMarchi-#20030033) |
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(George
Williams-#20030099) |
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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
February
18, 2003
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1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Request Board of County Commissioners to adopt a
resolution authorizing the borrowing of up to $1,000,000 from the Tax Exempt
Commercial Paper Program for the landscaping of Ben Hill Griffin Parkway from
Alico Road to Corkscrew Road/Corkscrew Road west to the I-75
Interchange. Also Rescind Resolution
03-01-24 and approve Budget Amendment Resolution. WHY ACTION
IS NECESSARY: MSBU projects must be included in a resolution
prior to funding the improvements with Commercial Paper. WHAT ACTION
ACCOMPLISHES: Approval of the resolution allows for specific
draws on the credit line to be made to provide construction funds. (#20030153-Budget Services) |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION REQUESTED: Approval for Facilities Management to create,
advertise and hire for Preventive Maintenance Coordinator (PMC)
position. Approve transfer of Budget
from the General Fund Reserves #001 the amount of $63,800.00 to cover
estimated salary, benefits and associated operating costs for the remainder
of the current 2002/2003 fiscal year. WHY ACTION IS NECESSARY: Lee County Commissioners Board approval is needed
to transfer funds from reserves and approve additional position. WHAT ACTION ACCOMPLISHES: Capability for Facilities Management to hire new
staff and purchase 1 new vehicle plus needed maintenance equipment in fiscal
year 2002/2003. (#20030097-Facilities
Management) |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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ACTION
REQUESTED: Approval
to remove account balances considered to be inactive and un-collectible bad
debt for Lee County: Solid Waste returned checks for $203.94; Department of
Transportation returned checks for $6,364.50 and Reclamation Program for $1,215.54;and Department of Community
Development returned checks for $45.00 and Building Reinspection Fees
Accounts Receivable for $8,750.00 WHY
ACTION IS NECESSARY: Action
reduces the accounts receivable balances to reflect actual anticipated
collections. Un-collectibles result
when customers bills remain unpaid for various reasons. WHAT
ACTION ACCOMPLISHES: Action
adjusts accounts receivable balance to reflect actual anticipated
collections. (#20030121-Community Development) |
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5. |
HUMAN SERVICES |
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ACTION
REQUESTED: Approve a budget amendment resolution in the
general fund for the Department of Human Services to receive $35,500 of
unanticipated revenues from the Federal Emergency Food and Shelter Program
(FEMA). WHY ACTION
IS NECESSARY: To allow deposit of unanticipated revenue and
establish expenditure line items. WHAT THE
ACTION ACCOMPLISHES: Amends the existing budget. (#20030152-Human Services) |
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ACTION
REQUESTED: Approve Program
Amendments to Lee County's HUD CDBG Program for HUD Fiscal Year 1998
and 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. (#20030140-Human
Services) |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Approve the award of Project #EX030264, the
purchase of tires for Fleet Management and Lee Tran, from the Goodyear Tire
and Rubber Company through the following local vendors: Wingfoot Commercial
Tire Service, Martino Tire Company, and Goodyear Auto Service Center; at the
prices listed in the Florida State Contract #863-000-03-1; for a combined
total estimated annual amount of approximately $250,000.00. (Fleet Management is also requesting
permission to utilize any Goodyear vendor in Florida in an emergency
situation; i.e., a breakdown while out of town on County business.) The expiration date of this contract is
February 28, 2005 with possible extensions; therefore, permission is
requested to utilize this contract until it expires if in the best interest
of Lee County. Also approve
expenditures to the above referenced vendors for tire related services;
including, but not limited to mounting, balancing, alignments, service calls
for flat tires, etc. for a combined total estimated annual amount of
approximately $160,000.00. WHY ACTION
IS NECESSARY: Section 11.0.3.1 of the Lee County Purchasing and
Payment Procedures Manual exempts “the purchase of equipment that has gone
through the Administrative Code Procedure, such as State Contracts or Federal
General Services Administration Schedules, providing the purchase, rental, or
lease amount does not exceed $50,000.00”.
As this expenditure will exceed $50,000.00, Board approval is
required. WHAT ACTION
ACCOMPLISHES: Allows Fleet Management and Lee Tran to purchase
tires at a competitive price, and also obtain related services from the same
vendor(s) for a turnkey package.
(#20030086-Transit) |
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ACTION REQUESTED: Approve the recommendations of the Conservation
Lands Acquisition and Stewardship Advisory Committee to pursue the
acquisition of four parcels totaling approximately 1.46 acres located within
the boundaries of the Caloosahatchee Creeks Preserve in North Fort
Myers. Authorize the Division of
County Lands to begin the acquisition process for the properties known as
Conservation 20/20 Nominations 225, 228, 229, and 231. 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 20/20 Program. (#20030134-County Lands) |
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ACTION REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $36,200.00, for Parcel 136,
Palmetto Extension, Project No. 4073, pursuant to the terms and conditions
set forth in the Purchase Agreement; authorize Chairman on behalf of the BOCC
to execute Purchase Agreement if offer is accepted by Seller; authorize the
Division of County Lands to handle and accept all documentation necessary to
complete this transaction and payment of all recording fees. WHY
ACTION IS NECESSARY: The Board must formally authorize the making of a
binding offer to a property owner pursuant to F.S. '73.015 prior to initiation
of condemnation proceedings. WHAT
ACTION ACCOMPLISHES: Makes binding offer to property owner as required
by F.S. '73.015, as amended. (#20030081-County Lands) |
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ACTION REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $40,000.00, for Parcel 158,
Palmetto Extension, Project No. 4073, pursuant to the terms and conditions
set forth in the Purchase Agreement; authorize Chairman on behalf of the BOCC
to execute Purchase Agreement if offer is accepted by Seller; authorize the
Division of County Lands to handle and accept all documentation necessary to
complete this transaction and payment of all recording fees. WHY
ACTION IS NECESSARY: The Board must formally authorize the making of a
binding offer to a property owner pursuant to F.S. '73.015 prior to initiation
of condemnation proceedings. WHAT
ACTION ACCOMPLISHES: Makes binding offer to property owner as required
by F.S. '73.015, as amended. (#20030088-County Lands) |
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ACTION REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $40,600.00, for Parcel 160,
Palmetto Extension, Project No. 4073, pursuant to the terms and conditions
set forth in the Purchase Agreement; authorize Chairman on behalf of the BOCC
to execute Purchase Agreement if offer is accepted by Seller; authorize the
Division of County Lands to handle and accept all documentation necessary to
complete this transaction and payment of all recording fees. WHY
ACTION IS NECESSARY: The Board must formally authorize the making of a
binding offer to a property owner pursuant to F.S. '73.015 prior to initiation
of condemnation proceedings. WHAT
ACTION ACCOMPLISHES: Makes binding offer to property owner as required
by F.S. '73.015, as amended. (#20030090-County Lands) |
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ACTION REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $2,800.00, for Parcel 119, Palmetto Extension, Project No.
4073, pursuant to the terms and conditions set forth in the Purchase Agreement;
authorize Chairman on behalf of the BOCC to execute Purchase Agreement if
offer is accepted by Seller; authorize the Division of County Lands to handle
and accept all documentation necessary to complete this transaction and
payment of all recording fees. WHY
ACTION IS NECESSARY: The Board must formally authorize the making of a
binding offer to a property owner pursuant to F.S. '73.015 prior to initiation
of condemnation proceedings. WHAT
ACTION ACCOMPLISHES: Makes binding offer to property owner as required
by F.S. '73.015, as amended. (#20030117-County Lands) |
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ACTION REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $12,500.00 for Parcel 147,
Pondella Road Widening, from east of McNeill Road to Del Pine Drive, Project
No. 4656, pursuant to the terms and conditions set forth in the Purchase
Agreement; authorize Chairman on behalf of the BOCC to execute Purchase
Agreement if offer is accepted by Seller; authorize the Division of County
Lands to handle and accept all documentation necessary to complete this
transaction and payment of all recording fees. WHY
ACTION IS NECESSARY: The Board must formally authorize the making of a
binding offer to a property owner pursuant to F.S. §73.015 prior to
initiation of condemnation proceedings. WHAT
ACTION ACCOMPLISHES: Makes binding offer to property owner as required
by F.S. §73.015, as amended.
(#20030120-County Lands) |
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ACTION REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $2,500.00, for Parcel 120, Palmetto Extension, Project No.
4073, pursuant to the terms and conditions set forth in the Purchase Agreement;
authorize Chairman on behalf of the BOCC to execute Purchase Agreement if
offer is accepted by Seller; authorize the Division of County Lands to handle
and accept all documentation necessary to complete this transaction and
payment of all recording fees. WHY
ACTION IS NECESSARY: The Board must formally authorize the making of a
binding offer to a property owner pursuant to F.S. '73.015 prior to initiation
of condemnation proceedings. WHAT
ACTION ACCOMPLISHES: Makes binding offer to property owner as required
by F.S. '73.015, as amended. (#20030124-County Lands) |
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ACTION REQUESTED: Accept Parcels 125, 136, 145 and 161, perpetual
waterline utility easements, which are necessary to provide and maintain
essential municipal service, facilities and improvements in accordance with
the Cottage Point Waterline Municipal Service Benefit Unit; authorize the
Division of County Lands to handle and accept all documentation necessary;
authorize payment of recording fees. WHY ACTION IS NECESSARY: The Cottage Point MSBU project plan requires the
perpetual easements to install the waterline improvements in the existing
roads and roadways. WHAT ACTION ACCOMPLISHES: Approval of the Requested Motion will provide for
the acquisition of the property interests by Grant of Perpetual Public
Waterline Utility Easement from the benefited property owners. (#20030133-County Lands) |
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7. |
PUBLIC SAFETY |
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ACTION
REQUESTED: Approve and execute an agreement between Lee
County and Home Depot #6373 located at 11941 Bonita Beach Road, SE in Bonita
Springs, Florida 33923 for a period of five (5) years. WHY ACTION
IS NECESSARY: Agreement must be approved by the Board of County
Commissioners. WHAT ACTION
ACCOMPLISHES: Authorizes Lee County temporary use of property
called Home Depot #6373 for emergency relief and recovery efforts. (#20030125-Emergency Management) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION
REQUESTED: Authorize Chairman to approve by signature the
Gasparilla Island Erosion Control Line (ECL) on the plans titled “Mean High
Water Line Survey and Proposed Beach Erosion Control Line for Gasparilla
Island, Lee County, Florida in Sections 11, 14, 23, 26, and 35, Township 43
South, Range 20 East; Length 3.4± Miles” pursuant to the
attached resolution approved by the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida. WHY ACTION
IS NECESSARY: FS 161 requires these items to be approved by the
County and recorded in the County’s book of plats. These tasks must occur
prior to the construction of the restoration project. WHAT ACTION
ACCOMPLISHES: Allows for the recording of the ECL on Gasparilla
Island in the County’s book of plats.
(#20030131-Natural Resources) |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: Approve the Joint Project Agreement with the
Florida Department of Transportation for an Incident Management System (IMS)
in the amount of $15, 910.00. Also,
approve authorizing resolution for Chairman to execute Agreement. WHY ACTION
IS NECESSARY: Requires Board of County Commissioner approval for
agreements. WHAT ACTION
ACCOMPLISHES: Allows the development of a Design-Build Criteria
package for the first phase of the IMS deployment. (#20030114-Transportation) |
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10. |
UTILITIES
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ACTION REQUESTED: Approve construction of a water distribution and
gravity collection system, serving Verandah,
Phase 1A. This is a Developer contributed asset and the project is
located on the south side of SR 80 approximately 1-1/2 miles west of
Buckingham Road. WHY ACTION IS NECESSARY: To provide potable water service, fire protection and sanitary sewer service to this proposed single and multi-family residential development. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual. (#20030080-Utilities) |
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ACTION REQUESTED: Approve construction of a gravity main extension,
master lift station and a force main to serve the Southwest Florida
International Airport Midfield Terminal Complex/Landside Utilities Service
Road. This is a Lee County Port
Authority contributed asset and the project is located on the south side of
Daniels Parkway along Chamberlin Parkway within the Port Authority property
boundaries. WHY ACTION IS NECESSARY: To provide sanitary sewer service to this phase of
the midfield terminal project and connects this phase of the project to the
‘Landside Utilities’ Phase and existing infrastructure. WHAT ACTION ACCOMPLISHES: Complies with the Lee County Utilities Line
Extension Policy and provides adequate utility infrastructure to support this
and future phases of the project.
(#20030095-Utilities) |
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ACTION REQUESTED: Approve construction of the water distribution and
gravity collection systems, one lift station and a force main to serve the
Southwest Florida International Airport Midfield Terminal Complex –Phase 3,
Landside Utilities. This is a Lee
County Port Authority contributed asset and the project is located on the
south side of Daniels Parkway along Chamberlin Parkway within the Port
Authority property boundaries. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to the new terminal building, the taxi/limo
building, the parking garage and the RAC building. WHAT ACTION ACCOMPLISHES: Complies with the Lee County Utilities Line
Extension Policy and provides adequate utility infrastructure to support this
and future phases of the project.
(#20030118-Utilities) |
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ACTION
REQUESTED: Award and authorize staff to enter into a Construction
Manager Agreement for RFQ-02-07 Construction Management for Green Meadows
Water Plant/Corkscrew Water Plant Interconnection with Storage Tank Facility
and Corkscrew Water Treatment Plant Expansion & Improvements, for the
Division of Utilities, to Earth Tech A Tyco International LTD. Company, for
the sum of five percent (5%) of the total construction cost of the
project. 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 $50,000 will be executed
through the formal advertised process. WHAT ACTION
ACCOMPLISHES: GREEN MEADOWS WATER PLANT/CORKSCREW WATER PLANT
INTERCONNECTION WITH STORAGE TANK FACILITY –
This project is to construct a new storage tank facility with
interconnection to both the Green Meadows Water Treatment Plant (WTP) and
Corkscrew WTP distribution systems. Construction
will occur on an undeveloped site and will include two (2) concrete ground
storage tanks (5 million gallon capacity each), a high service pumping
station, an electrical & instrumentation control building, piping to
interconnect with existing transmission mains and various site improvements
such as clearing, grading, fill, paving, fencing, etc. CORKSCREW WTP EXPANSION & IMPROVEMENTS – This project includes
construction of a new 55’ diameter pre-manufactured lime softening contact
tank, a new 78,000 gallon concrete chlorine contact chamber, four (4) new
concrete deep sand filters basins (approx. 35,000 gallons each), high volume
air blowers and piping, electrical control panels, new standby generator
switchgear, new instrumentation and control systems, minor interior
remodeling and associated yard piping and appurtenances. The work will occur at an existing
facility that must remain in full operation during construction. (#20030111-Utilities) |
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11. |
PARKS AND RECREATION |
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12. |
COUNTY ATTORNEY |
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ACTION REQUESTED: Approve and execute two quitclaim deeds covering a
turn-around area at the end of Third Street in Boca Grande in order to clear
a cloud on the title created by the grant of a “temporary turn-around
easement” to Lee County as support for the recording of Golden Beach Plat in
1961. WHY ACTION IS NECESSARY: Board approval is required for the execution of a
quitclaim deed. WHAT ACTION ACCOMPLISHES: Clears a cloud on the title created by the 1961
deed. (#20030136-County Attorney) |
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ACTION REQUESTED: Request authorization to advertise for and conduct
a Public Hearing on Tuesday, March 11, 2003, at 5:00 p.m., in
Chambers to consider the adoption and execution of the proposed “Lee County
False Alarm Ordinance”. WHY ACTION IS NECESSARY: Board must formally adopt Ordinance at a Public
Hearing. WHAT ACTION ACCOMPLISHES: Sets March 11, 2003, at 5:00 p.m. for the Public
Hearing date and time allows the process to go forward. (#20030147-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). (#20030156-Clerk of
Courts) |
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ACTION REQUESTED: Approve Minutes of BOCC meetings for: September
28, 1999 (Regular); February 19, 2002 (Regular); November 16, 1999 (Regular);
March 12, 2002 (Regular); November 20, 2001 (Regular); May 13, 2002 (BOCC
Special); November 27, 2001 (Regular); May 21, 2002 (Regular); January 15,
2002 (Regular); July 08, 2002 (BOCC Special). (#20030157-Clerk of Courts) |
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ACTION REQUESTED: Approve Minutes of BOCC meetings for: July 23,
2001 (Special); October 21, 2002 (Lee Plan/Zoning); June 12, 2002 (Budget);
November 23, 2002 (Special – Boca Grande); July 01, 2002 (Zoning); December
02, 2002 (Management & Planning); August 07, 2002 (Joint BOCC/School
Board); December 17, 2002 (Joint/LMHS/Leg Del); September 16, 2002 (Zoning);
January 09, 2003 (Comp Plan). (#20030158-Clerk
of Courts) |
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ADMINISTRATIVE
AGENDA
February
18, 2003
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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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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: Direct staff to move ahead with adoption process
for the proposed Communication Tower Master Plan and Ordinance; authorize
publication of proposed Master Plan and Ordinance; and direct the package to
public hearings for adoption.
Recommended hearing dates are as follows: Land Development Code
Advisory Committee (LDCAC): February 14, 2003; Executive Regulatory Oversight
Committee (EROC): March 12, 2003; Local Planning Agency (LPA): February 24,
2003; First Public Hearing: March 11, 2003; Second Public Hearing: March 25,
2003. WHY ACTION IS NECESSARY: Public Hearings are necessary to adopt amendments
to the Land Development Code (LDC). WHAT ACTION ACCOMPLISHES: Set hearing dates before the LDCAC, EROC, LPA and
Board of County Commissioners.
(#20030102-County Attorney) |
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ACTION REQUESTED: Consideration of providing county funding for
assisting Lee Memorial Health Systems Trauma Center operations through the
State Supplemental Medicaid Payment Program; approval of related agreements
and/or direction on other county funding options. WHY ACTION IS NECESSARY: Provides Board approval of county funding
mechanism or direction on other options to assist Lee Memorial Trauma Center. WHAT ACTION ACCOMPLISHES: Provides Board approval for and/or consideration
of providing county funding for assisting Lee Memorial Health Systems for
Trauma Service purposes.
(#20030129-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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