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

 

 

September 30, 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 Robert DeKlavon

Fort Myers Evangelical Church

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

 

 

·   

Flu Shot Resolution

 

 

(Commissioner Judah-#20031115)

 

 

·   

Presentation by Roger and Kathy Sherman, Christian Soccer League

 

 

(Commissioner Albion-#20031116)

 

 

 

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

 

 

 

Appeals Agenda

 

 

 

Walk-ons and Carry-overs

 

 

 

Commissioners' Items/Committee Appointments

 

 

 

County Manager Items

 

 

 

County Attorney Items

 

 

 

Adjourn

CONSENT AGENDA

September 30, 2003

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Approve budget transfer in the amount of $40,000 from Tourist Tax Debt Service Reserves to Visitor and Convention Bureau operating fund; adopt budget amendment resolution in the same amount accepting unanticipated revenue from reserves.

WHY ACTION IS NECESSARY:

The Board of County Commissioner must approve all transfers and budget amendment resolutions.

WHAT ACTION ACCOMPLISHES:

Transfers funds from reserves to cover the cost of relocating the visitor services office and the purchase of two portable booths.  (#20031039-VCB)

 

 

(b)

ACTION REQUESTED:

Adopt FY 03-04 Board of County Commissioners Goals and County Manager Objectives.

WHY ACTION IS NECESSARY:

Provides focus to County operations, funding and services.

WHAT ACTION ACCOMPLISHES:

Establishes Fiscal Year 2003-04 Goals and Objectives.  (#20031129-County Manager)

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

Approve Addendum to the Construction Manager Agreement for RFQ-02-02 Estero Community Park, with J. L. Wallace, Inc. (Contract No. 2079) to include the Guaranteed Maximum Price (GMP) for initial site work in the amount of $194,028.00 (includes 6% CM fee).  Also request Board approve waiving of any 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:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provide construction management services for the construction of the Estero Community Park located on Corkscrew Road, Estero, Florida.  Services to include assisting in finalization of Master Plan, design support services, cost estimates, bidding and construction management.  (#20031092-Construction and Design)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

(a)

ACTION REQUESTED:

Accept a petition to vacate a 40-foot wide drainage easement located along the rear of 17100 Phlox Drive, Fort Myers, Florida, and adopt a resolution setting a Public Hearing for 5:00 p.m. on the 28th day of October 2003. (Case No. VAC2003-00033)

WHY ACTION IS NECESSARY:

In order to fulfill a requirement of a settlement agreement between Lee County and the property owners to allow parking in this easement area as a result of right-of-way taken by Lee County for Alico Road.  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.  (#20030928-Development Services)

 

 

(b)

ACTION REQUESTED:

Accept a petition to vacate a 12-foot wide Drainage and Public Utility Easement located at 829 Portland St. E, Lehigh Acres, Florida, and adopt a resolution, setting a Public Hearing for 5:00 p.m. on the 28th day of October 2003.  (Case No. VAC2003-00048)

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Sets the time and date of the Public Hearing.  (#20030970-Development Services)

 

 

(c)

ACTION REQUESTED:

Accept a Petition to Vacate a 12-foot wide Drainage and Public Utility Easement located at 1044 Belmont Street East, Lehigh Acres, Florida, and adopt a resolution, setting a Public Hearing for 5:00 PM on the 28th day of October 2003.  (Case No. VAC2003-00057)

WHY ACTION IS NECESSARY:

To build a single-family residence on the combined lots.  The vacation of this easement will not alter existing drainage and 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.  (#20031094-Development Services)

 

 

(d)

ACTION REQUESTED:

Execute grant award agreement between Habitat for Humanity of Lee County and Lee County for $10,000 in SHIP (State Housing Initiatives Partnership) funds to be expended by June 30, 2004 for the construction of one new single-family home for a low-income household in the Dunbar area.

WHY ACTION IS NECESSARY:

$10,000 in unexpended SHIP funds were identified in the process of closing out SHIP FY 2001/2002.  Since the administrative expenditures for that year have been covered, staff is recommending the $10,000 be used to finance new construction.

WHAT THE ACTION ACCOMPLISHES:

Allows the use of funds for the construction of one single-family house for a low-income household in the Dunbar area.  (#20031084-Planning)

 

 

(e)

ACTION REQUESTED:

Accept a Petition to Vacate a 12-foot wide Drainage and Public Utility Easement located at 1908 Westboro Loop, Lehigh Acres, Florida, and adopt a resolution, setting a Public Hearing for 5:00 PM on the 28th day of October 2003.  (Case No. VAC2003-00049)

WHY ACTION IS NECESSARY:

To build a single-family residence on the combined lots.  The vacation of this easement will not alter existing drainage and 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.  (#20031097-Development Services)

 

 

 

(f)

ACTION REQUESTED:

Execute amendment to affordable housing contract with the Bonita Springs Housing Development Corporation (BSHDC) for minor changes in the scope of work and completion date.

WHY ACTION IS NECESSARY:

Extends the contract completion due to delays in obtaining permits from the Lee County Health Department and increases the number of dwelling units to be produced from 8 to 9 in contract C-2389.

WHAT ACTION ACCOMPLISHES:

Ensures the timely expenditure of funds and completion of this project.  (#20031102-Planning)

 

5.

HUMAN SERVICES

 

 

(a)

ACTION REQUESTED:

Approve and execute contracts with the Department of Community Affairs, (DCA) and the Budget Resolution for the Weatherization Assistance Program, (WAP), the Low-Income Energy Assistance Program, (WAP/LIHEAP), and the Low-Income Emergency Home Repair Program, (LEHRP) to establish funding for  the Weatherization Programs for Fiscal year 2004.

WHY ACTION IS NECESSARY:

DCA requires agreements to provide funding.

WHAT ACTION ACCOMPLISHES:

Allows the Department of Human Services to accept $139,882 for the weatherization of homes in Lee County.  (#20031126-Human Services)

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Award Service Provider Agreement for CN-03-09 Employee Insurance Benefits Consultant and Actuarial Auditor to Aon Consulting, Inc., for an amount not-to-exceed $330,000.00.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides a consultant that will perform any and all services for the Employee Benefits Consultant and Actuarial Auditor.  (#20031068-Human Resources)

 

 

(b)

ACTION REQUESTED:

Approve award of Project #Q-030713, COPY PAPERS AND FINE PAPERS, (COUNTYWIDE ANNUAL), for all Departments/Divisions to the low quoter meeting all specifications requirements, Mac Papers, Inc.  Also, request authority to renew this contract for four additional one-year periods, upon mutual agreement under the same terms and conditions if in the best interest of Lee County.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Provides an estimated savings to taxpayers of $34,000.00 for this commodity.  (#20031087-Purchasing)

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Approve the automatic renewal of the Agreement for Support Services, Maintenance Agreement, Contract No. 1622 with Printrak International Inc. for the Public Safety Computer Aided Dispatch (CAD) Records Management System, in the amount of $136,161.00 for a period of one (1) year, effective October 1, 2003 - September 30, 2004.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Provides the Public Safety Division continued maintenance services for the computer aided dispatch (CAD) Records Management System.  (#20031103-Communications)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Execute Interlocal Agreement between Lee County and the City of Bonita Springs regarding services provided by the Lee County Division of Natural Resources, Surface Water Program for $100,332.00 for Fiscal Year 2003/2004.

WHY ACTION IS NECESSARY:

Formalizes the continuation of Lee County Division of Natural Resources services to the City of Bonita Springs.

WHAT ACTION ACCOMPLISHES:

Provides Surface Water Program services to the City of Bonita Springs.  (#20031089-Natural Resources)

 

 

(b)

ACTION REQUESTED:

Approve Change Orders Nos. 5 and 6 with Lodge Construction (Cont. # 2370) to add $193,187.12 and $94,698.02 respectively back to this construction management contract for the SW transfer station and allow Lodge Construction to purchase materials rather than the County.  (Note:  Does not affect the existing approved Guaranteed Maximum Price).

WHY ACTION IS NECESSARY:

Contract change greater than $50,000.00.

WHAT ACTION ACCOMPLISHES:

Allows contractor to expeditiously purchase fill dirt, asphalt, etc. for construction.  (#20031117-Solid Waste)

 

 

(c)

ACTION REQUESTED:

Adopt Resolution requesting funding for Fiscal Year 2004-2005 from the State of Florida Department of Environmental Protection Beach Erosion Control Program.

WHY ACTION IS NECESSARY:

Resolution required along with the Lee County Long Range Beach Erosion Control Budget Plan to obtain State cost share eligibility.

WHAT ACTION ACCOMPLISHES:

Enables the County to qualify for State assistance for beach erosion control projects.  (#20031121-Natural Resources)

 

 

 

(d)

ACTION REQUESTED:

Approve Change Order No. 5 to the Solid Waste Franchise Hauling Contract with Florida Recycling Services, Inc. (Lee Contract No. 1383) providing for additional collection fees to be charged for the collection of solid waste and recycling material from residential customers on Captiva Island and to extend the term of the franchise collection services from October 1, 2003 to September 30, 2005.

WHY ACTION IS NECESSARY:

Board approval required for significant changes to the franchise solid waste collection contracts.

WHAT ACTION ACCOMPLISHES:

Authorizes Florida Recycling, Inc. to continue to provide residential and commercial solid waste collection services on Captiva for two additional years.  Allows for an increase in the service fees for residential customers.  (#20031131-Solid Waste)

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

(a)

ACTION REQUESTED:

Approve final acceptance by Resolution, as a donation of water distribution and a gravity collection system serving West Bay Club, Turtle Pointe Cove.  This is a developer contributed asset project located on the north side of Williams Road approximately ¼ mile west of South Tamiami Trail.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to this phase of the residential development.

WHAT ACTION ACCOMPLISHES:

Places the water and sewer systems into operation and complies with the Lee County Utilities Operations Manual.  (#20031090-Utilities)

 

 

(b)

ACTION REQUESTED:

Approve construction of a water main extension and gravity collection system extension serving Miromar Golf Clubhouse. This Developer contributed asset and the project is located on the west side of Ben Hill Griffin Boulevard approximately 1-1/2 miles south of Alico road.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection, and sanitary sewer service to the proposed Clubhouse.

WHAT ACTION ACCOMPLISHES:

Complies with the Lee County Utilities line extension policy and provides adequate water and sanitary sewer infrastructure to support development of the subject property.  (#20031091-Utilities)

 

11.

PARKS AND RECREATION

 

 

(a)

ACTION REQUESTED:

Request Board approve and execute an amended interlocal agreement between the Town of Fort Myers Beach and the Lee County Board of County Commissioners regarding their respective duties and responsibilities relating to the operation, management, and programming of the Lee County Bay Oaks Recreation Center and Community Park.

WHY ACTION IS NECESSARY:

Interlocal agreements require Board approval.

WHAT ACTION ACCOMPLISHES:

Outlines the duties and responsibilities for both the Town and the County with regards to the operation, management, and programming of the Lee County Bay Oaks Recreation Center and Community Park.  (#20031108-Parks and Recreation)

 

12.

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).  (#20031113-Clerk of Courts)

 

 

(b)

ACTION REQUESTED:

Present financial report 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.  (#20031114-Clerk of Courts)

 

 

(c)

ACTION REQUESTED:

Extend tax roll for mailing and collection.

WHY ACTION IS NECESSARY:

To provide revenue collection for taxing authorities while Value Adjustment hearings are being held.

WHAT ACTION ACCOMPLISHES:

Allows Tax Collector to mail tax notices prior to the conclusion of the VAB hearings.  (#20031118-Tax Collector.

 

 

 

(d)

ACTION REQUESTED:

Approve payment of delinquent tax overbid claim-ElDorado.

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.  (#20031128-Clerk of Courts)

 

 

(e)

ACTION REQUESTED:

Approve payment of delinquent tax overbid claim-Villa-Fajardo.

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.  (#20031130-Clerk of Courts)

 

ADMINISTRATIVE AGENDA

September 30, 2003

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Authorize Chairman to sign document selecting SunTrust Bank for a Term Loan-Assessment Program of $5,000,000 for a three year period that will be used to provide permanent financing for MSBU Projects and authorize execution of master loan agreement.

WHY ACTION IS NECESSARY:

Allows the continuation of a Long Term Debt Financing for MSBU Projects without pledging the Non-Ad Valorem Debt Capacity of the County.

WHAT ACTION ACCOMPLISHES:

Provides Private Placement Financing for MSBU Projects.  (#20031005-Budget Services)

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Adopt a resolution to amend zoning and development review fees.

WHY ACTION IS NECESSARY:

Board action is required to establish or amend fees for Community Development (AC 3-10, External Fees and Charges Manual).

WHAT ACTION ACCOMPLISHES:

Allows County to recover part of the cost of review and processing applications.  (#20031075-Community Development)

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

 

(a)

ACTION REQUESTED:

Authorize transfer in the amount of $969,230 from Regional Park Impact Fee Reserves and amend FY 02/03 – 06/07 CIP with the establishment of the Newton Estates Project.  Authorize payment of $969,230 to the Town of Ft. Myers Beach for purchase of the Newton Property.  Approve Interlocal Agreement with Town of Fort Myers Beach for Newton property.

WHY ACTION IS NECESSARY:

Board approval is required for amendments to CIP.

WHAT ACTION ACCOMPLISHES:

Approval allows the Town of Fort Myers Beach to acquire the Newton Beach parcel for public recreational use.  (#20031122-Parks and Recreation)

 

12.

COUNTY ATTORNEY

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

APPEALS AGENDA

September 30, 2003

 

CONTINUATION OF ADMINISTRATIVE AGENDA

AP #1

ACTION REQUESTED:

Deny appeal of an administrative interpretation of the Lee Plan under the single-family residence provision filed by Billie Adcock on behalf of Kathyrn VanDeMortel.

WHY ACTION IS NECESSARY:

To take action concerning an appeal of a denial for a favorable administrative determination of the Lee Plan under the single-family residence provision.

WHAT ACTION ACCOMPLISHES:

The Board will uphold the determination that the property owner is entitled to construct one single-family residence on the subject parcel after sufficient access to the property is established in accordance with applicable County regulations.  (#20031072-County Attorney)

 

AP #2

ACTION REQUESTED:

Deny appeal of an administrative interpretation of the Lee Plan under the single-family residence provision filed by Matthew Uhle on behalf of Suzanne Meyer.

WHY ACTION IS NECESSARY:

To take action concerning an appeal of a denial for a favorable administrative determination of the Lee Plan under the single-family residence provision.

WHAT ACTION ACCOMPLISHES:

The Board will uphold the determination that the property owner is entitled to construct one single-family residence on the subject parcel after sufficient access to the property is established in accordance with applicable County regulations.  (#20031073-County Attorney)