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District #1 Bob
Janes |
District #2 Douglas St. Cerny Vice Chairman |
District #3 Ray
Judah
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District #4 Andrew W. Coy |
District #5 John E. Albion Chairman |
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Donald D. Stilwell, County Manager |
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James
G. Yaeger, County Attorney |
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May 25, 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
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9:30
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Invocation: |
Pastor
Ralph Williams |
Suncoast
Baptist Church |
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Pledge
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Presentations: |
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Dr. Roy Wood Resolution (Commissioner Coy-#20040623 |
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Recap |
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Public
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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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10:00
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Presentation
by David Bennett-Efforts to Effectively Manage Jail Population
(#20040606-County Administration) |
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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
until 5:00 PM |
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May 25, 2004
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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 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. (#20040597-Budget Services) |
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ACTION
REQUESTED: Authorize Budget Amendment Resolutions for the
receipt of $8,323,242 of bond proceeds from the Tourist Development Tax
Refunding Revenue Bonds, Series 2004. WHY ACTION
IS NECESSARY: Budget Amendment Resolutions must be approved to
receive bond proceeds. WHAT ACTION
ACCOMPLISHES: Establishes the accounts necessary to receive bond
proceeds. (#20040605-Budget Services) |
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ACTION
REQUESTED: Authorize Chairman to sign a resolution accepting
proposal of SunTrust Bank to provide Lee County with a $5,000,000 loan
authorization to finance the costs of various MSBU Capital Projects. WHY ACTION
IS NECESSARY: Resolution approving loan agreement must be
approved by the Board of County Commissioners. WHAT ACTION
ACCOMPLISHES: Allows for formal execution of loan
agreement. (#20040610-Budget
Services) |
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ACTION
REQUESTED: Authorize Chairman to sign a resolution that will
allow for the execution of loan documents with SunTrust Bank for long term
financing up to $200,000 of the Bal Isle Sewer MSBU project and authorize
Budget Amendment Resolutions and transfer to establish budget for receipt of
Loan Proceeds and to pay off Commercial Paper Loan. WHY ACTION
IS NECESSARY: Allow the implementation of Long Term Debt
Financing for the Bal Isle Sewer MSBU project without pledging the Non-Ad
Valorem Debt Capacity of the County. WHAT ACTION
ACCOMPLISHES: Provides Private Placement Financing for the Bal
Isle Sewer MSBU Project.
(#20040611-Budget Services) |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION
REQUESTED: Approve Change Order No. 1 with Casey Construction, under contract number 1737 (RFQ-01-04) COUNTYWIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT) Remedial Painting and Repairs to the City of Palms Stadium, for an increase in the GMP for additional work in the amount of $77,525.82, and an increase in contract time from 90 calendar days to 120 calendar days. WHY ACTION
IS NECESSARY: Board approval is required. WHAT ACTION
ACCOMPLISHES: Provides approval for additional work and time
required to complete the remedial painting and repairs to the City of Palms
Stadium. (#20040593-Construction and
Design) |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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ACTION
REQUESTED: Accept a Petition to Vacate a portion of Platted
Waterway/Canal Right-of-Way located at 11828 Island Ave., Matlacha, Florida
33993 and adopt a resolution, setting a Public Hearing for 5:00 PM on the 22nd
day of June 2004 and authorize the Chairman to accept a replacement Drainage
Easement in favor of Lee County.
(Case No. VAC2004-00014) WHY ACTION
IS NECESSARY: To extinguish any public rights to a narrow filled
“hiatus strip” located between the homeowner’s lot line and the existing
limits of the excavated canal, and also to restore the original’s developer’s
intent for this lot to abut the waterway.
The vacation of the canal will
not alter existing waterway/canal conditions and the easement is not
necessary to accommodate any future waterway/canal requirements. The Board must accept all conveyances of real estate interests to the
County. WHAT ACTION
ACCOMPLISHES: Sets the time and date of the Public Hearing and
provides a necessary replacement drainage easement to the County. (S14-T44S-R22E) (#1)
(#20040358-Development Services) |
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ACTION
REQUESTED: Approve Project # PB040432, for the Community
Development Department, for the utilization (piggyback) of the Seminole
County Proposal # RFP-4183-03/JVP, which has gone through their competitive
bidding process, for Document Scanning of Paper Files and was awarded to The
D.R.S. Group Inc., for the prices as listed on their quote. The initial quote term is for three years
from 6/23/03 to 6/22/06, and also has the option to renew for two additional
one-year periods. Also request
permission to continue this piggyback if Seminole County renews the contract
for the two additional one-year periods. WHY ACTION IS
NECESSARY: Board approval is required because this
expenditure will exceed $50,000. WHAT ACTION
ACCOMPLISHES: Allows the Community Development Department to
purchase electronic document conversion services in a cost effective,
efficient, and timely manner.
(#20040537-Community Development) |
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ACTION REQUESTED: Authorize the establishment of (9) Building
Inspector and (2) Administrative Assistant positions for the Department of
Community Development. Building
Inspections is a 100% fee-supported program.
Approve transfer of funds from MSBU Building Reserves in the amount of
$279,525 to cover salaries, fringes and operating costs for the balance of
the current Fiscal Year. Transfer also covers initial capital expenditures
and office remodel/furniture to accommodate new staff. Approve Budget Amendment Resolution for
Fleet Management. WHY ACTION IS NECESSARY: Board approval is required for establishment of
new positions, budget transfers and budget resolutions. WHAT ACTION ACCOMPLISHES: Provides adequate level of inspection
services. (#20040558-Development
Services) |
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ACTION
REQUESTED: Adopt by Resolution, the creation of a Blasting Ad
Hoc Advisory Committee WHY ACTION
IS NECESSARY: To assist with the Board-directed Blasting Study WHAT ACTION
ACCOMPLISHES: Provides review of options for land development
blasting. (#20040619-Community
Development) |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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ACTION REQUESTED: Accept Perpetual Beach Storm Damage Reduction
Easement for Parcel 166 for the Gasparilla Island Beach Restoration Project
No. 3023; authorize the Division of County Lands to handle and accept all
documentation necessary; authorize necessary recording fees. WHY ACTION IS NECESSARY: To secure permanent easements along Boca Grande on
Gasparilla Island for the proposed beach renourishment project. WHAT ACTION ACCOMPLISHES: Enables County to secure Federal Funding for a
portion of the project.
(#20040548-County Lands) |
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ACTION
REQUESTED: Authorize the Chairman to execute a Joint
Participation Agreement and other related documents with the Florida
Department of Transportation (FDOT) to provide funding for the Lee County
Transit Maintenance and Operations Facility. WHY ACTION
IS NECESSARY: This action is necessary to accept program funds
from FDOT. For budgetary purposes,
FDOT requests that this agreement be executed prior to June 20, 2004. WHAT ACTION
ACCOMPLISHES: The Joint Participation Agreement initially
provides $129,459.00 funding assistance for the proposed transit
facility. This funding requires a
match equal to the contribution, which has been budgeted in FY 04. This action implements Transit Development
Plan recommendations as adopted and referenced in the Transportation
Improvement Plan Project No. 4151481.
(#20040598-Transit) |
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7. |
PUBLIC SAFETY |
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ACTION
REQUESTED: Adopt a resolution to approve changing a street
name on a platted street: as recorded H.A.’s St in Plat Book 75, Pages 1-10,
of Hunters Ridge North, to be changed to Hiram St. WHY ACTION
IS NECESSARY: To be in compliance with Lee County Ordinance
88-13. WHAT ACTION
ACCOMPLISHES: This change may avoid possible delays in emergency
response. (#20040551-911) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: Approve Change Order No. 3 to Contract 2514 with
URS Corporation for CN-02-03 General Consultant/ Traffic Engineer for
Transportation Facilities Bond Related Issues, in the amount of $100,000.00. WHY ACTION
IS NECESSARY: Board Approval Required. WHAT ACTION
ACCOMPLISHES: Increases contract to cover additional work due to
the legal actions of the City of Sanibel.
(#20040562-Transportation) |
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10. |
UTILITIES |
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ACTION
REQUESTED: Approve the utilization of piggybacking from City
of Orlando Bid No. BI02-1660, for Sanitary Sewer Lining, Manhole
Rehabilitation – Annual Agreement, with Miller Pipeline Corporation, in the
amount of $424,177.00. The agreement will expire October 14, 2004. WHY ACTION
IS NECESSARY: Board approval is required. WHAT ACTION
ACCOMPLISHES: By allowing the Department to piggyback onto the
City of Orlando contract it will allow Lee County Utilities to have a
contractor to perform sanitary sewer lining and manhole rehabilitation. (#20040557-Utilities) |
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ACTION
REQUESTED: Approve entering into a construction contract under
RFQ-04-01 DEEP INJECTION WELL AND MONITORING WELL CONSTRUCTION, for the
project known as Pinewood Injection Well to Youngquist Brothers, Inc., in the
lump sum amount of $3,933,000.00, plus additional fees (on an as-needed
basis) to include gravel contingency; 24-hour packer testing; and rig delays,
based on 300 days for substantial completion, 330 for final completion for 7
days per week and 24 hours a day drill schedule. Approve budget transfer in the amount of $1,100,000 from the
Airport Sewer Project to Pinewood Injection Well Project. Amend FY03-04 CIP accordingly. WHY ACTION
IS NECESSARY: Board approval is required. WHAT ACTION
ACCOMPLISHES: Provides Lee County with a contractor, Youngquist
Brothers, to proceed with the Pinewood Injection Well project. (#20040572-Utilities) |
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11. |
PARKS AND RECREATION |
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ACTION
REQUESTED: Request Board approve various budget transfers to
provide funding for the Lakes Park Master plan project, amend the FY 03/04
CIP accordingly and provide appropriate funding sources to existing CIP
projects. WHY ACTION
IS NECESSARY: Board action is necessary to transfer funds
between capital projects. WHAT ACTION
ACCOMPLISHES: Provides funding for Parks and Recreation to
proceed with the Lakes Park Master plan project and clarifies funding sources
for existing CIP projects.
(#20040595-Parks and Recreation) |
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ACTION
REQUESTED: Authorize the establishment of three (3) new positions to assist with land stewardship plans and management activities on Conservation 20/20 preserves. Approve Budget Transfer from Conservation 20/20 Land Management (fund #30105) reserves in the amount of $70,000. WHY ACTION
IS NECESSARY: Board action is required for establishment of new
positions. WHAT ACTION
ACCOMPLISHES: Establishes land stewardship positions for the
Conservation 20/20 Program.
(#20040608-Parks and Recreation) |
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12. |
COUNTY ATTORNEY |
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ACTION REQUESTED: Amend Resolution 04-04-05, approved by the Board
of County Commissioners on April 6, 2004, approving a new access on the north
side of Daniels Parkway, a controlled access facility, at Highway Station
2529+01 (Gateway Charter School). WHY ACTION IS NECESSARY: To correct the inadvertent addition of unintended
text limiting the possible future use of the new access. WHAT ACTION ACCOMPLISHES: Corrects the previously approved Resolution to
reflect the intended future use of the access. (#20040603-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).
(#20040626-Clerk of Courts) |
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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. Included in the report in compliance with Chapter 218.415 Florida Statutes, Local Government Investment Policies, is the stated and fair market value of the investments managed by the Clerk’s Office. Additionally, in pursuant to Lee County Ordinance 02-28 activity for the Driver’s Education Safety Trust Funds. 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.
(#20040628-Clerk of Courts) |
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ACTION REQUESTED: Present to the Board of County Commissioners the Independent Auditors’ Management Letter for the fiscal year ended September 30, 2003. WHY ACTION IS NECESSARY: Per Section 218.391, Florida Statutes, a copy of the report shall be submitted to the Board of County Commissioners and filed as permanent public record in the Minutes Office of the Clerk. WHAT ACTION ACCOMPLISHES: Compliance with Chapter 10.550, “Rules of the Auditor General-Local Governmental Entity Audits”, and Section 218.391, Florida Statutes. (#20040587-Clerk of Courts) |
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ACTION REQUESTED: That the Board of County Commissioners accept the annual Lee County Financial Assistance Report (FAR). WHY ACTION IS NECESSARY: To comply with the provisions of the Single Audit
Act, as amended, Office of Management and Budget Circular A-133, Audits of
States, Local Governments and Non-Profit Organizations, and Florida
Single Audit Act, Section 215.97, Florida Statutes. WHAT ACTION ACCOMPLISHES: Provides public notice of the availability of the Lee County Financial Assistance Report to the citizens of Lee County. (#20040604-Clerk of Courts) |
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ACTION REQUESTED: Approve payment of delinquent tax overbid
claim-Delillo. 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. (#20040625-Clerk of Courts) |
May
25, 2004
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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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ACTION
REQUESTED: Authorize the Department of Parks and Recreation
to expend an amount not to exceed $400,000 for exotic removal, planting of
native vegetation and repairs (includes $24,000 Land Supervisor fee) to Lakes
Park through the Agreement between the Lakes Park Enrichment Foundation, Inc.
and Lee County for the implementation of the Master Plan. At this time it is being requested that
the Board approve waiving of the formal process (if needed) and authorize the
use of the Department of Parks and Recreation to purchase services and
materials directly from the Lakes Park Enrichment Foundation as a cost/time
saving measure. WHY ACTION
IS NECESSARY: Departmental expenditures over $50,000 must be approved by the Board of County Commissioners. WHAT ACTION
ACCOMPLISHES: Enables the Department of Parks and Recreation to
begin implementing components of the Lakes Park Master Plan with assistance
of the Lakes Park Enrichment Foundation, Inc. (#20040596-Parks and Recreation) |
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12. |
COUNTY ATTORNEY |
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ACTION REQUESTED: Authorize the Chairman to execute the Turnaround
Agreement with WCI Communities, Inc. (WCI), for the construction of a
turnaround approximately 700 feet east of the end of Coconut Road. WHY ACTION IS NECESSARY: Construction of the turnaround will be necessary
if the Board approves a subsequent Petition to Vacate requested by WCI for
the westerly 700± feet of Coconut Road. WHAT ACTION ACCOMPLISHES: Allows WCI to construct a turnaround to serve
Coconut Road if the Board approves a subsequent Petition to Vacate a portion
of Coconut Road (#20040612-County Attorney) |
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13. |
HEARING EXAMINER |
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14. |
PORT AUTHORITY |
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15. |
CONSTITUTIONAL OFFICERS |
PUBLIC AGENDA
May 25, 2004
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5:00
PM |
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Public
Hearing |
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ACTION
REQUESTED: Conduct a Public Hearing to adopt a Resolution to Vacate a 10-foot wide Public Utility Easement located off of Palm Beach Boulevard (S.R. 80), southeasterly of I-75 at 4290 Boatsway Rd., Fort Myers, Florida 33905, (Case No. VAC2004-00003). WHY ACTION
IS NECESSARY: To construct a multi story hotel. 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, and provides
the County with a replacement utility easement to FPL. (S3-T44S-R25E) (#5) (#20040550-Development
Services) |
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5:05
PM |
Public
Presentation of Matters by Citizens |
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Adjourn |