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

 

 

October 21, 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:

Reverend Russell Kauffman

The Church at Siesta Bay

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

 

 

·   

Award presentation to Florida Fire Fighters Physical Fitness Games Organizers

 

 

(Jeff Mielke - #20031150)

 

 

 

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

 

 

CONSENT AGENDA

October 21, 2003

  

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Approve Interlocal Agreement between Lee County Board of County Commissioners and the Lee County Industrial Development Authority (IDA) for fiscal year N/Aff rec03/04 $80,000.00 to the IDA for implementation of the marketing plan.

WHY ACTION IS NECESSARY:

Sets out the terms by which the IDA will administer the marketing plan and the incentive program.

WHAT ACTION ACCOMPLISHES:

Provides funding for the marketing plan and the administration of the business incentive

program.  (#20031187-Economic Development)

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Accept a Petition to Vacate a 12-foot wide Drainage and Public Utility Easement located at 914 Capetown Avenue, Lehigh Acres, Florida, and adopt a resolution, setting a Public Hearing for 5:00 PM on the 25th day of November, 2003.  (Case No. VAC2003-00052)

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 or utility requirements.

WHAT ACTION ACCOMPLISHES:

Sets the time and date of the Public Hearing.  (#20031176-Development Services)

 

 

(b)

ACTION REQUESTED:

Authorize the expenditure of $79,380.60 in four quarterly payments for the county’s Fiscal Year 2003-2004 membership assessment in the Southwest Florida Regional Planning Council.

WHY ACTION IS NECESSARY:

Florida Administrative Code, Section 29I-1.004 mandates Lee County’s participation in the Southwest Florida Regional Planning Council.

WHAT ACTION ACCOMPLISHES:

Compliance with mandate in FAC, Section 29I-1.004.  (#20031190-Planning)

 

5.

HUMAN SERVICES

 

 

(a)

ACTION REQUESTED:

Approve submission of Request for Release of Funds and Environmental Certification to the U. S. Department of Housing and Urban Development (HUD) for Community Development Block Grant (CDBG) Program (B-03-UC-12-0013) and HOME Program (M-03-UC-12-0210) for Housing and Public Facility/Improvement Activities.   Authorize Chairman to sign Request for Release of Funds and Environmental Certification form.

WHY ACTION IS NECESSARY:

HUD requires that these forms be signed in order to receive Federal Funding for environmental reviews that are completed.

WHAT ACTION ACCOMPLISHES:

HUD written authorization for Lee County to use program grant funds.  (#20031152-Human Services)

 

 

(b)

ACTION REQUESTED:

Accept changes to the FY 03-04 Community Services Block Grant (CSBG) agreement between the Board of County Commissioners and Florida’s Department of Community Affairs (DCA). DCA made language changes to the Budget Detail page and the Work Plan after it was approved by the BOCC on August 5, 2003.  There were no financial changes and the integrity of the work plan did not change.  It is in a different format which also meant the lettering on the Budget Detail page needed to be changed as well.

WHY ACTION IS NECESSARY:

To ensure that Minutes has an approved Contract with the correct pages.

WHAT THE ACTION ACCOMPLISHES:

Allows for formal BOCC approval to the new CSBG Work Plan format which is a part of the Contract Agreement between BOCC and the Department of Community Affairs.  (#20031189-Human Services)

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve PB040003, the utilization (piggyback) of the Los Angeles County (CA) contract # 41902 through the U.S. Communities Purchasing Alliance, for the county-wide purchase of electrical supplies from Graybar Electric at the discounts off catalog prices as listed in the attachment. The term of the agreement shall be from the date of 2/1/03 until 1/31/06. Request permission to renew if Los Angeles County extends the master agreement. Expenditures are estimated to be $650,000 annually.

WHY ACTION IS NECESSARY:

All purchases over $50,000 annually must be board approved.

WHAT ACTION ACCOMPLISHES:

Allows all county divisions/departments to obtain electrical supplies, which have gone through a competitive bid process.  (#20031175-Purchasing)

 

 

(b)

ACTION REQUESTED:

Authorize reestablishment of Animal Control Officer Position # 2373 for FY03-04 and authorize transfer from Unincorporated MSTU Reserves to provide funding.

WHY ACTION IS NECESSARY:

Positions and Transfers from Reserves require Board approval.

WHAT THE ACTION ACCOMPLISHES:

Maintains staffing required by Interlocal Agreements with municipalities.  (#20031166-Animal Services)

 

 

(c)

ACTION REQUESTED:

Approve a Memorandum of Understanding with the Humane Society of Lee County for the sale of County pet license tags.

WHY ACTION IS NECESSARY:

Board has the authority to enter into the agreement.

WHAT THE ACTION ACCOMPLISHES:

Allows another outlet for the purchase of licenses, and assures all animals adopted from the Humane Society are licensed.  (#20031179-Animal Services)

 

 

(d)

ACTION REQUESTED:

Consider acceptance of check #3006 in the amount of $141,630.64 from Mana Construction Corporation as payment in full for the Colonial Boulevard Extension MSBU assessment; Parcel No. 34-44-25-P1-00061.0000

WHY ACTION IS NECESSARY:

All settlements in lieu of legal action must be approved by the Board of County Commissioners.

WHAT THE ACTION ACCOMPLISHES:

Approval of the proposed settlement offer will resolve all outstanding delinquency issues for the subject parcel in the Colonial Boulevard Extension MSBU. (#20031181-MSTBU)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Accept for maintenance the Phase II construction of Stepping Stone Drive and Pittsburgh Boulevard, in the subdivision of The Lakes at Three Oaks, Phase II, Plat Book 69, pages 18 through 22, Section 10, Township 46 South, Range 25 East.

WHY ACTION IS NECESSARY:

To conclude the final step in the Road Maintenance Acceptance Policy, AC-11-7.

WHAT ACTION ACCOMPLISHES:

Provides formal notification to the public that the Department of Transportation is now responsible for the maintenance of these roads. (#20030465-Transportation)

 

 

(b)

ACTION REQUESTED:

Approve scheduling a Public Hearing on the Toll Structure Revisions for Variable Pricing for three plus axle vehicles and for integration with the State of Florida SunPass System for November 25, 2003.

WHY ACTION IS NECESSARY:

Revisions to Lee County Toll Rates require a public hearing.

WHAT ACTION ACCOMPLISHES:

Allows County staff to proceed with advertising the public hearing and places the item on the November 25, 2003 agenda for public hearings.  (#20031183-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Award Professional Services Agreement for CN-03-10 LEE COUNTY UTILITIES WATER AND SEWER ENGINEER OF RECORD, to Malcolm Pirnie Inc., for an amount not to exceed $126,500.00.  This contract will be for a period of two (2) years with an option to renew for one (1) additional year by mutual agreement between both parties.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

This project involves the Consultant providing professional engineering services for physical inspection of facilities, review operations for conformance to regulations, review insurance requirements, and evaluate rate and charges with Bond Covenants as necessary to prepare an annual report with evaluation and recommendations for the Lee County Utilities Water and Sewer Engineer of Record. (#20031191-Utilities)

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Approve continuation of purchase order for the Nabors, Giblin & Nickerson law firm to continue as special trial counsel in Brown, et al. v. Lee County and Lee County School Board.

WHY ACTION IS NECESSARY:

To continue County Attorney Office purchase order for the County to share legal expenses with School Board.

WHAT ACTION ACCOMPLISHES:

Continues Fiscal year 2003/2004 County Attorney Office purchase order for joint payment of legal services to be paid from the County Attorney’s Office budget. (#20031184-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).  (#20031203-Clerk of Courts)

 

 

(b)

ACTION REQUESTED:

Approve lease with Algis Gonta and Paul Boyce for 1,250 square feet of space in the Coconut Commerce Center in Bonita Springs to be utilized as the Supervisor of Elections office for Bonita Springs.  The initial term of the lease will be five years with one five year renewal period.  Lease cost will be $12.00 per square foot with no CAM or $15,000 per year.  This price will be in effect for the first two years of the lease.  Beginning the third year, rental cost will increase by 5%.  Lease can be terminated by giving 6 months written notice.

WHY ACTION IS NECESSARY:

Board must approve all lease agreements.

WHAT ACTION ACCOMPLISHES:

Supervisor of Elections is required to have an office in the City of Bonita Springs.  The office space that they are currently leasing from the City of Bonita Springs (246 sq. ft.) is not large enough to accommodate the functions that they are now required to perform (i.e. early voting).  Moving the office to the Coconut Commerce Center provides the Supervisor of Elections with enough space to function as they are required to do now.  (#20031156-Elections)

 

ADMINISTRATIVE AGENDA

October 21, 2003

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Approve resolution authorizing the  refinancing of the Road Improvement Refunding Revenue Bonds, Series 1993 (up to $5,100,000) with a Tax Exempt Term Note from Wachovia Bank.

WHY ACTION IS NECESSARY:

Board of County Commissioners must approve refinancing of debt.

WHAT ACTION ACCOMPLISHES:

Allows Lee County to take advantage of savings from refinancing the Road Improvement Refunding Revenue Bonds, Series 1993.  (#20031124-Budget Services)

 

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

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Approve settlement of Parcel 100 in Lee County v. V & H, LLC Case No. 03-2784-CA.

WHY ACTION IS NECESSARY:

Board approval is needed to settle litigation.

WHAT ACTION ACCOMPLISHES:

Settles claim for compensation for condemnation of Parcel 100.  (#20031185-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS