District #1

Bob Janes

District #2

Douglas St. Cerny

Vice Chairman

District #3

Ray Judah

 

District #4

Andrew W. Coy

District #5

John E. Albion

Chairman

Donald D. Stilwell,

County Manager

 

James G. Yaeger, County Attorney

 

 

March 23, 2004

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 Richard E. Riley

Emmanuel Baptist Church

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

 

 

·         

Suicide Prevention Day Resolution

 

 

(Commissioner Janes-#20040270)

 

 

·         

Waterman Broadcasting PSA Appreciation Resolution

 

 

(Commissioner St. Cerny-#20040268)

 

 

·         

Golden Fiftieth Anniversary of LARC, Inc. Resolution

 

 

(Commissioner Albion-#20040269)

 

 

 

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

March 23, 2004

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Authorize Administration to pursue preparation of documents for refunding of the Tourist Development Tax Revenue Bonds, Series 1994 Bonds for savings.

WHY ACTION IS NECESSARY:

BOCC approval is requested.

WHAT ACTION ACCOMPLISHES:

Allows the preparation of documents for the refunding of the Tourist Development Tax Revenue Bonds, Series 1994 to proceed.  (#20040286-Budget Services)

 

 

(b)

ACTION REQUESTED:

Present to the Board for information and filing the Object Code #504015 Expenditure Report for the first quarter of FY03-04 (October through December 2003)

WHY ACTION IS NECESSARY:

Lee County Ordinance #90-18

WHAT ACTION ACCOMPLISHES:

Allows Board to monitor expenditures being made by County Departments and Divisions to this object code.  (#20040292-County Manager)

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

Approve the Agreement to Terminate Lease with Lightning Wireless, Inc. for the County’s space needs within the downtown Fort Myers SunTrust Building, located at 2000 Main Street (STRAP No. 13-44-24-P4-00410.0010).

WHY ACTION IS NECESSARY:

Provides +/- 1,892 square feet of office space for County needs within the subject building.

WHAT ACTION ACCOMPLISHES:

The Agreement terminates the lease of Lightning Wireless, Inc. within the subject building.  (#20040252-Facilities Management)

 

 

(b)

ACTION REQUESTED:

Approve award of the following projects: # IX040299, the purchase of upgrades and additions to the existing Opt 11C PBX from Sprint at the Florida State Contract price of $30,592.68; IX040300, the purchase of data hardware from Solarcom at the Florida State Contract price of $7,728.70; IT040302, the purchase of cabling and accessories from City Tel Communication at the competitively quoted low price of $21,604.40. Approval is also requested for the following: The open market purchase of call collection devices from Stonehouse Technologies for $6,600.00. A not to exceed amount of $6,650.00 for incidentals related to providing essential telephone services. All purchases are for Public Works/Construction and Design so they may provide telephone services for Public Safety Administration in their new location on the 3rd floor of the City/County Annex building located at 1825 Hendry Street. Total expenditures for this proposed project is $73,175.78.

WHY ACTION IS NECESSARY:

All expenditure exceeding $50,000 require board approval.

WHAT ACTION ACCOMPLISHES:

Provides telephone services for Public Safety. Savings on IT040302 $11,710.71.  (#20040278-Construction and Design)

 

 

(c)

ACTION REQUESTED:

Approve the revised estimated $55.9 million for the Justice Center Master Plan’s four-year construction program and authorize continuation of preparation of documents for the financing at the revised amount.

WHY ACTION IS NECESSARY:

Provides the necessary infrastructure to support the court system.

WHAT ACTION ACCOMPLISHES:

Authorizes staff to proceed with the implementation and financing of the Justice Center Master Plan at the revised estimate of $55.9 million.  (#20040291-Construction and Design)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Accept a Petition to Vacate a 12-foot wide Public Utility Easement located at 3813 3rd St. W., Lehigh Acres, Florida 33971, and adopt a resolution, setting a Public Hearing for 5:00 PM on the 13th day of April 2004.  (Case No. VAC2004-00011)

WHY ACTION IS NECESSARY:

To construct an addition to an existing single-family residence.  The vacation of this easement will not alter existing utility conditions and the easement is not necessary to accommodate any future utility requirements.

WHAT ACTION ACCOMPLISHES:

Sets the time and date of the Public Hearing.  (#20040231-Development Services)

 

5.

HUMAN SERVICES

 

 

(a)

ACTION REQUESTED:

Approve Program Amendments to Lee County's HUD CDBG Program for HUD Fiscal Years 1998, 1999, 2000, 2001, 2002, and 2003 activities and authorize the Chairman to sign the HUD Transmittal Letter and sub recipient contracts if any.

WHY ACTION IS NECESSARY:

HUD and the Lee County Board of County Commissioners require review and approval of any substantial changes in CDBG projects.  This approval will allow staff to proceed with the eligible neighborhood projects.

WHAT ACTION ACCOMPLISHES:

Allows for reallocation of funds to prioritized activities.  (#20040297-Human Services)

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Accept donation of a Perpetual Drainage & Access Easement for parcel in Gladiolus Drive Widening Project #4083; authorize payment of recording fees 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:

Acquires drainage easement necessary for future widening of Gladiolus Drive.  (#20040160-County Lands)

 

 

(b)

ACTION REQUESTED:

Award B-04-12 CHARLEE ROAD AND DRAINAGE MSBU, for the Public Resources Division, (MSTBU Services), to the low bidder meeting all bidding requirements, Ajax Paving Industries, Inc., for a total not-to-exceed amount of $229,927.31 with a project completion time of 120 calendar days.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

To provide a contractor who will construct a 20-foot wide road approximately 4000 feet in length consisting of stabilized sub grade, limerock base, and asphalt surface along with drainage pipes and driveway turnouts.  (#20040288-MSTBU Services)

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Approve and authorize the Chairman to execute the Launch Customer Purchase Agreement (Contract No. 2736) between Max-Viz, Inc. and Lee County Board of County Commissioners for Eurocopter EC145 – Full System Installed and Eurocopter BO105 – Parts and Provisioning, for an amount of $80,000.00.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

To all Lee County Public Safety to purchase an EVS system for the Primary Aircraft and to participate as Max Viz’s launch customer for EVS on Eurcopter EC145 helicopter.  (#20031318-EMS)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Approve resolution to the United States Congress supporting continued federal participation in beach nourishment projects.

WHY ACTION IS NECESSARY:

The federal FY04/05 budget proposal includes recommendation to drastically reduce or eliminate federal funding of beach projects.

WHAT ACTION ACCOMPLISHES:

Provides official County position in response to federal proposal to curtail funding of beach projects.  (#20040253-Natural Resources)

 

 

(b)

ACTION REQUESTED:

Approve Lee County’s portion of the Sixth Annual Report for the Lee County NPDES (National Pollutant Discharge Elimination System) Storm Water Permit (FLS000035) and authorize staff to transmit the report to the United States Environmental Protection Agency (USEPA).  Authorize Chairman to sign the Certification Page for the NPDES Sixth Annual Report.

WHY ACTION IS NECESSARY:

Annual Reports are required as a permit condition of the Lee County NPDES permit.

WHAT ACTION ACCOMPLISHES:

Provides certification the report provides an accurate description of the activities associated with the NPDES permit.  (#20040281-Natural Resources)

 

 

(c)

ACTION REQUESTED:

Approve the award of Project # EX040318, the purchase of 1 John Deere 544J front end loader for the Solid Waste Division, from Nortrax Equipment Co., at the prices given in Florida State Contract #760-001-03-1.  Contract cost is $80,024.17 – plus non-contract options in the amount of $11,843 – for a total cost of $91,867.17.  Approval is also requested to expend a not-to-exceed amount of $12,000 to purchase available maintenance/warranty packages should Solid Waste determine this is in the County’s best interest to do so.

WHY ACTION IS NECESSARY:

Purchases over $50,000 must be approved by the Board.

WHAT ACTION ACCOMPLISHES:

The front-end loader will be used for the loading and handling of waste products at Solid Waste’s landfill and transfer station facilities.  (#20040285-Solid Waste)

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve and authorize Chairman to execute Sub Grant Application for Highway Safety Funds with State Of Florida Department of Transportation, for Lee County Portable Message Boards.

WHY ACTION IS NECESSARY:

Requires BOCC approval for application of grant.

WHAT ACTION ACCOMPLISHES:

Allows County proceed with the application process for grant funds from State of Florida Department of Transportation.  (#20040251-Transportation)

 

 

(b)

ACTION REQUESTED:

Approve Local Agency Program Agreement with the Florida Department of Transportation for Traffic Operations Improvement Project in the amount of $100,000.00. Also, approve budget resolution and amend FY03-04 – 07-08 Capital Improvement Program. And, approve authorizing resolution for Chairman to execute agreement.

WHY ACTION IS NECESSARY:

Requires BOCC approval for agreements and amendments to CIP.

WHAT ACTION ACCOMPLISHES:

Allows County to proceed with Traffic Operations Improvement at the intersection of Veterans Parkway and Del Prado Boulevard.  (#20040254-Transportation)

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

 

(a)

ACTION REQUESTED:

Accept donated equipment, by Resolution, from the Boston Red Sox Baseball Club located at the City of Palm Park, and declare it surplus with the exception of a Goosen Turf Vac and Sand Pro.   Authorize Parks & Recreation/Fleet Management to dispose of the donated field maintenance equipment through Auction and include the Goosen Turf Vac and Sand Pro on the Parks and Recreation inventory.

WHY ACTION IS NECESSARY:

Board approval is required to accept donation and declare surplus, all but two pieces of equipment, in order to dispose of equipment.

WHAT ACTION ACCOMPLISHES:

Enables Parks & Recreation/Fleet Management to disposed of, all but two pieces, antiquated equipment and acquire revenue.  (#20040276-Parks and Recreation)

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Adopt resolution approving the issuance of Lee County Industrial Development Authority Private Activity Utility System Revenue Bonds, Series 2004 (Bonita Springs Utilities, Inc. Project) for the benefit of Bonita Springs Utilities, Inc. in an initial aggregate principal amount not to exceed $57,000,000.00 for the primary purpose of financing the acquisition, construction and equipping of certain capital improvements (the "2004 Project") to its water and wastewater utility system and funding any necessary reserves and paying costs associated with the issuance of the Bonds.

WHY ACTION IS NECESSARY:

Authorizes Industrial Development Authority to issue industrial development bonds pursuant to Chapter 159, Florida Statutes.

WHAT ACTION ACCOMPLISHES:

Provides Board consideration of proposed Industrial Development Authority Bonds as required by Internal Revenue Code and Florida Statutes. Board approval will authorize and adopt approving bond issuance resolution.  (#20040250-County Attorney)

 

 

(b)

ACTION REQUESTED:

Direct to public hearing a non-emergency ordinance to terminate the Cascades Estero Community Development District (Cascades Estero CDD) on April 13, 2004 at 5:00 PM.

WHY ACTION IS NECESSARY:

The Board of Supervisors of the Cascades Estero CDD has petitioned the Board to adopt a Plan of Transfer (Termination) for the CDD.

WHAT ACTION ACCOMPLISHES:

Allows a response to the Cascades Estero CDD’s petition to terminate its existence.  (#20040283-County Attorney)

 

 

(c)

ACTION REQUESTED:

Direct three proposed alternative blasting ordinances to public hearings, in the Board Chambers, as follows: BOCC: April 13, 2004 at 5:05 p.m.; BOCC: April 27, 2004 at 5:05 p.m.

WHY ACTION IS NECESSARY:

Board direction is necessary to schedule the public hearing.

WHAT ACTION ACCOMPLISHES:

Establishes public hearing dates and times for consideration of the proposed amendments to the development blasting regulations.  (#20040287-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).  (#20040267-Clerk of Courts)

 

ADMINISTRATIVE AGENDA

March 23, 2004

 

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

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Adopt a resolution amending the Jetport Interstate Commerce Park DRI Development Order and Map H.

WHY ACTION IS NECESSARY:

Florida Statutes requires Board approval of amendments to developments of regional impact.

WHAT ACTION ACCOMPLISHES:

Amends the DRI Development Order and Master Development Plan (Map H) for the Jetport Interstate Commerce Park DRI through an expedited process in accordance with Florida Statutes and the Lee County Land Development Code.  (#20040257-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

PUBLIC AGENDA

March 23, 2004

                                                                                                                       

5:00 PM

(#1)

Public Hearing

 

ACTION REQUESTED:

Conduct a Public Hearing to adopt a Petition to Vacate a 12-foot wide Public Utility Easement located at 3732 Lee Blvd., Lehigh Acres, Florida 33971.  (Case No. VAC2003-00077)

WHY ACTION IS NECESSARY:

To build a preschool on the combined four (4) lots.  The vacation of this easement will not alter existing utility conditions and the easement is not necessary to accommodate any future utility requirements.

WHAT ACTION ACCOMPLISHES:

Vacates the Public Utility Easement.  (S27-T44S-R26E)  (#5)  (#20040234-Development Services)

 

(#2)

Public Hearing

 

 

ACTION REQUESTED:

Adopt Resolution to create the Western Acres Road Paving MSBU and Resolution of Intent to Reimburse Itself.

WHY ACTION IS NECESSARY:

Public hearing is a legal requirement in the consideration of the creation of a Municipal Service Benefit Unit.

WHAT ACTION ACCOMPLISHES:

Provides an opportunity for public input.  Satisfies the legal requirements of the Florida Statutes to proceed with the creation of an MSBU for the purpose of road paving.  (#20040210-MSTBU Services)

 

5:05 PM

Public Presentation of Matters by Citizens

 

 

Adjourn