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

 

August 12, 2003

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 Douglas Wahlberg

Faith Lutheran Church of Lehigh Acres

 

 

 

 

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 12, 2003

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Approve proposed FY03/04 - 07/08 Capital Improvement Program as reviewed on June 26, 2003 and includes three additional project changes since the June Board Workshop.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Allocates funding, in concept, for FY03/04 – 07/08 Capital Improvement Program and streamlines the project evaluation process.  (#20030800-Budget Services)

 

 

(b)

ACTION REQUESTED:

Authorize extension of $90,000 Loan from the Tax Exempt Commercial Paper Program for the Charlee Road MSBU by approving resolution for new loan (Draw A-14-2) to repay existing loan (Draw A-14-1) prior to its maturity on September 2, 2003.  Also approve budget amendment resolution.

WHY ACTION IS NECESSARY:

The Commercial Paper Loan needs to be extended due to project delays.

WHAT ACTION ACCOMPLISHES:

Allows Commercial Paper Loan to be retained for the Charlee Road MSBU.  (#20030848-Budget Services)

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Schedule a Public Hearing for vacating a 12-foot wide Drainage and Public Utility Easement located at 20685 Casaly Drive, Alva, Florida.  (VAC2003-00044, BS# 20030852)

WHY ACTION IS NECESSARY:

To build a single-family residence on the combined lots.  The vacation of this easement will not alter existing drainage or utility conditions and the easement is not necessary to accommodate any future drainage and utility requirements.

WHAT ACTION ACCOMPLISHES:

Sets the time and date of the Public Hearing.  (#20030852-Development Services)

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Adopt revisions to sections 002, 202, 204, 206, 213, 307, 401, 403, 404, 406, 502, 503, 601, and 602 of the Lee County Policies and Procedures Manual.  Adoption of the resolution to amend Administrative Code 6-1.

WHY ACTION IS NECESSARY:

Brings current policy up-to-date and unifies provisions.

WHAT ACTION ACCOMPLISHES:

Updates policies that did not meet the needs of the organization and brings a unified policy into effect.  (#20030873-Human Resources)

 

 

(b)

ACTION REQUESTED:

Approve award of Quote No. Q-030515, Delivery Service for the Library System, to the low quoter meeting specifications, Ace Expediters Inc., for an annual cost of $62,816.00.  The initial contract period shall run for one year.  Also request authority to renew this quote for four additional one-year periods, upon mutual agreement of both parties.

WHY ACTION IS NECESSARY:

To establish a quote for delivery service for the Library System.

WHAT ACTION ACCOMPLISHES:

Establishes a competitive, fair market price for delivery service for the Library.  (#20030849-Library)

 

 

(c)

ACTION REQUESTED:

Accept a Quit Claim Deed for the acquisition of Parcel 110 for the Cypress Lake Drive Widening, Project No. 4064; authorize payment of necessary costs and fees to close; and authorize the Division of County Lands to handle and accept all documentation necessary to complete this transaction.

WHY ACTION IS NECESSARY:

The Board must accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:

The Board avoids Eminent Domain proceedings.  (#20030851-County Lands)

 

 

(d)

ACTION REQUESTED:

Request permission to advertise and conduct a public hearing on September 9, 2003, at 5:00 p.m., to consider and approve a Cable Franchise Agreement between Lee County and Strategic Technologies, Inc.

WHY ACTION IS NECESSARY:

Lee County Ordinance No. 89-05, as amended by Lee County Ordinance No. 01-05, and the Federal Communications Act sets forth the procedure for approving Cable Franchise Agreements.

WHAT ACTION ACCOMPLISHES:

Formalizes the process for the County to approve a Cable Franchise Agreement.  (#20030860-Public Resources)

 

 

(e)

ACTION REQUESTED:

Approve Easement Purchase Agreement for acquisition of Parcel 165, contingent upon the acquisition of three remaining easements for the Cottage Point Waterline Municipal Services Benefit Unit, in the amount of $1,250; authorize payment of costs to close 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:

The Board avoids Eminent Domain.  (#20030875-County Lands)

 

 

(f)

ACTION REQUESTED:

Approve Easement Purchase Agreement for acquisition of Parcel 166, contingent upon the acquisition of three remaining easements for the Cottage Point Waterline Municipal Services Benefit Unit, in the amount of $1,250; authorize payment of costs to close 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:

The Board avoids Eminent Domain.  (#20030876-County Lands)

 

 

(g)

ACTION REQUESTED:

Accept Perpetual Public Utility Easement Grant on Parcel 103 for the Triple Crown Court MSBU, Project 7154; authorize payment of necessary costs and fees to close; and authorize the Division of County Lands to handle and accept all documentation necessary to complete this transaction.

WHY ACTION IS NECESSARY:

The Board must accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:

The Board avoids Eminent Domain proceedings.  (#20030879-County Lands)

 

 

(h)

ACTION REQUESTED:

Accept Perpetual Public Utility Easement Grant on Parcel 102 for the Triple Crown Court MSBU, Project 7154; authorize payment of necessary costs and fees to close; and authorize the Division of County Lands to handle and accept all documentation necessary to complete this transaction.

WHY ACTION IS NECESSARY:

The Board must accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:

The Board avoids Eminent Domain proceedings.  (#20030881-County Lands)

 

 

(i)

ACTION REQUESTED:

Accept Perpetual Public Utility Easement Grant on Parcel 101 for the Triple Crown Court MSBU, Project 7154; authorize payment of necessary costs and fees to close; and authorize the Division of County Lands to handle and accept all documentation necessary to complete this transaction.

WHY ACTION IS NECESSARY:

The Board must accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:

The Board avoids Eminent Domain proceedings.  (#20030882-County Lands)

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Authorize Chairman to execute Modification to agreement with the Department of Community Affairs Contract #03-FT-1B-09-46-01-338 to extend the agreement to April 16, 2004.

WHY ACTION IS NECESSARY:

Commission Chairman’s signature is required to execute the modification.

WHAT ACTION ACCOMPLISHES:

Provides additional time to complete Continuity of Operations (COOP) Terrorism Annex Plan Update.  (#20030795-Emergency Management)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Approve and execute Agreement No. C-15381, Collection and Analyses of Surface Water Quality Samples from the Caloosahatchee River and Estuary, between the South Florida Water Management District and Lee County.  The District has allocated $142,374.00 for water sample collection and analyses by the staff of the Environmental Laboratory.

WHY ACTION IS NECESSARY:

All agreements require approval by the Board of County Commissioners.

WHAT ACTION ACCOMPLISHES:

Provides mechanism to reimburse Environmental Laboratory for operating expenses incurred in collection and analyses of surface water quality samples for this contract.  (#20030888-Natural Resources)

 

 

(b)

ACTION REQUESTED:

Adopt a budget resolution in the amount of $53,414 for the Waste Tire Grant issued by the Florida Department of Environmental Protection for the Waste Tire Grant for FY03-04 and authorize Chairman to sign and accept the Grant Agreement.  Matching funds are not required.

WHY ACTION IS NECESSARY:

To establish the budget for the Waste Tire Grant.  Additionally, the FDEP requires the person signing acceptance forms be authorized by the governing board.

WHAT ACTION ACCOMPLISHES:

Adjusts the Division’s budget for grant expenditures and revenues.  Also satisfies State guidelines for grant recipients.  (#20030889-Solid Waste)

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Award B-03-13 Matlacha Force Main Replacement, for the Utilities Division, to the low bidder meeting all bidding requirements, Cornerstone Businesses, Inc., for a total not-to-exceed amounts for Base Bid of $116,068.00, plus Alternate “A” and Alternate “B” in the not-to-exceed amounts of $15,594.00 and $64,772.00, for a total not-to-exceed contract amount of $196,434.00, with a contract completion time of 130 days.  Approve budget transfer from Utilities Division Contingency Reserve in the amount of $55,000.00.  Approve budget transfer from Utilities Water and Sewer R&R Reserves in the amount of $55,000.00 and amend FY02/03-06/07 CIP accordingly.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

To provide for installation of 8”subaqueous force main under Matlacha Pass by directional drill.  (#20030877-Utilities)

 

 

(b)

ACTION REQUESTED:

Approve award of Project # EX030641 to purchase the following items for Lee County Utilities from Nortrax Equipment Company; one (1) new John Deere 50CZTS Mini Excavator (GSA/non-contract price: $64,437.58); one (1) new John Deere 270 Skid Steer (Florida State Contract /non-contract price: $41,584.04); one (1) new John Deere 410G Backhoe Loader (Florida State Contract/non-contract price: $87,681.97); one (1) new John Deere 230CLC Excavator (Florida State Contract/non-contract price: $161,079.75); one (1) new John Deere 710G Backhoe Loader (Florida State Contract/non-contract price: $125,034.80); one (1) new Interstate Trailer 70LBG, Fifth Wheel (Florida State Contract/non-contract price: $26,247.26); one (1) new Interstate  Trailer Model 20DT (non-contract price: $8499.00); one (1) new Interstate 40DLA Trailer (non-contract price: $14,795.00); and two (2) new Interstate 14RBS Tag-Along Trailers (non-contract price: $13,980.00).  The above mentioned equipment equals $543,339.40, grand total.

WHY ACTION IS NECESSARY:

Board approval is required as this expenditure will exceed $50,000.00.

WHAT ACTION ACCOMPLISHES:

Provides for the purchase of reliable equipment to perform needed services throughout Lee County.  (#20030893-Utilities)

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Approve the release of the County’s rights in an access easement previously conveyed to the County in O.R. Book 1822, Page 3027 of the Public Records of Lee County, Florida, and authorize the Chairman to sign the necessary documents

WHY ACTION IS NECESSARY:

The release requires approval by the Board of County Commissioners.

WHAT ACTION ACCOMPLISHES:

Authorizes a release of the County’s interest in the referenced easement.  (#20030903-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).  (#20030904-Clerk of Courts)

 

 

(b)

ACTION REQUESTED:

Approve payment of delinquent tax overbid claim-Albritton.

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.  (#20030905-Clerk of Courts)

 

 

(c)

ACTION REQUESTED:

Approve payment of delinquent tax overbid claim-Albritton.

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.  (#20030906-Clerk of Courts)

 

 

(d)

ACTION REQUESTED:

Approve payment of delinquent tax overbid claim-Marsh.

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.  (#20030907-Clerk of Courts)

 

 

(e)

ACTION REQUESTED:

Approve payment of delinquent tax overbid claim-Rosenthal.

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.  (#20030908-Clerk of Courts)

 

 

ADMINISTRATIVE AGENDA

August 12, 2003

 

 

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:

Approve a Resolution to amend Lee County Administrative Code 11-3 pertaining to traffic regulation orders and control measures to more accurately reflect existing procedures and Land Development Code.

WHY ACTION IS NECESSARY:

Requires Board approval of such matters.

WHAT ACTION ACCOMPLISHES:

Conforms the Administrative Code to existing procedure and LDC regulations regarding approval of traffic control devices on Lee County rights-of-way.  (#20030622-Transportation)

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

 

PUBLIC AGENDA

AUGUST 12, 2003

 

 

5:00 PM

(#1)

Public Hearing

 

ACTION REQUESTED:

Approve a Resolution vacating a portion of a 15-foot wide Drainage Easement located at 11545 Doddwood Drive, Estero, Florida.  (VAC2003-00019, BS# 20030813)

WHY ACTION IS NECESSARY:

To construct a swimming pool adjacent to a single family home.  The vacation of this easement will not alter existing drainage conditions and the easement is not necessary to accommodate any future drainage requirement.

WHAT ACTION ACCOMPLISHES:

Vacates the Drainage Easement.  (S25-T46S-R25E)  (#5)  (#20030813-Development Services)

 

(#2)

Public Hearing

 

ACTION REQUESTED:

Adopt and certify by Resolution the Special Assessment Rolls for 21 MSBUs for collection by the Lee County Tax Collector for Fiscal Year 2003-04.

WHY ACTION IS NECESSARY:

Florida Statutes requires Board Certification of Special Assessments to be collected by the Tax Collector.

WHAT ACTION ACCOMPLISHES:

Allows staff to utilize the annual tax bill for the collection of special assessments.  (#20030772-MSTBU Services)

 

(#3)

Public Hearing

 

ACTION REQUESTED:

Approve Resolution to create the Palm Frond Sewer MSBU and a Resolution to Reimburse.

WHY ACTION IS NECESSARY:

BOCC is required to approve Resolutions.

WHAT ACTION ACCOMPLISHES:

Allows staff to proceed with project.  (#20030827-MSTBU Services)

 

(#4)

Public Hearing

 

ACTION REQUESTED:

Adopt the amended resolution and ordinance to implement a revised toll structure for LeeWay.

WHY ACTION IS NECESSARY:

Revisions to Lee County Tolls require a revision to the existing resolution and ordinance.

WHAT ACTION ACCOMPLISHES:

Adopts the needed resolution and ordinance to implement a revised toll structure for LeeWay.  (#20030890-Transportation)

 

5:05 PM

Public Presentation of Matters by Citizens

 

 

Adjourn