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District #1 Bob
Janes
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District #2 Douglas St. Cerny |
District #3 Ray
Judah
Chairman |
District #4 Andrew W. Coy |
District #5 John E. Albion Vice-Chairman
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Donald D. Stilwell, County Manager |
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James
G. Yaeger, County Attorney |
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February 11, 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
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9:30
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Invocation: |
Pastor
Prueter |
First
Baptist Church of North Fort Myers |
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Pledge
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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
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Walk-ons
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Commissioners'
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County
Manager Items |
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County
Attorney Items |
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Public
Presentation of Matters by Citizens |
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Adjourn |
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February
11, 2003
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1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Approve Interlocal Agreement between Lee County
Board of County Commissioners and the Lee County Industrial Development
Authority (IDA) for fiscal year 02/03 $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 implement
the marketing plan and administer the incentive program. WHAT ACTION
ACCOMPLISHES: Provides funding for the marketing plan and the
administration of the business incentive program. (#20030091-Economic Development) |
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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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ACTION
REQUESTED: Accept a Petition VAC2002-00061 to Vacate a
12-foot wide Public Utility Easement common to Lots 10 and 10A, Block 36,
Units 7 and 9, a subdivision of Lehigh Acres, in Lehigh Acres, Florida. Adopt a Resolution setting a Public
Hearing for 5:00 p.m. on the 11th day of March 2003. WHY ACTION
IS NECESSARY: To build a single-family residence on the combined
lots. The vacation of this Public
Utility Easement will not alter existing utility conditions and the easement
is not necessary for future utility requirements. WHAT ACTION
ACCOMPLISHES: Setting the time and date of the Public
Hearing. (#20030053-Development
Services) |
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5. |
HUMAN SERVICES |
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ACTION
REQUESTED: Approve and adopt resolution to amend AC-3-10, Purchasing Manual, to
authorize exemption
from the formal purchasing level, up to $75,000, for the acquisition of
housing units by the Department of Human Services Housing Services. County
Manager’s approval will still be required for purchases above $25,000. These properties
are to be rehabilitated and use will be prioritized for the elderly,
disabled, and low income families as well as revitalization in the seven
targeted neighborhoods. Funds are available from the CDBG Revolving Fund,
Hope III Sales Proceeds, and HOME funds. WHY ACTION
IS NECESSARY: The current formal purchasing level of
authorization is $50,000.01. WHAT ACTION
ACCOMPLISHES: Increases the purchasing level, which will allow
the Department of Human Services to work within limited time constraints for
the acquisition of appropriate vacant properties for rehabilitation. (#20030108-Human Services) |
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6. |
INDEPENDENT |
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ACTION REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $4,500.00 for Parcel 103B,
Alico Road Widening, from east of I-75 to east of Old US 41, Project No.
4030, pursuant to the terms and conditions set forth in the Purchase
Agreement; authorize Chairman on behalf of the BoCC to execute Purchase
Agreement if offer is accepted by Seller; authorize the Division of County
Lands to handle and accept all documentation necessary to complete this
transaction and payment of all recording fees. WHY
ACTION IS NECESSARY: The Board must formally authorize the making of a
binding offer to a property owner pursuant to F.S. §73.015 prior to
initiation of condemnation proceedings. WHAT
ACTION ACCOMPLISHES: Makes binding offer to property owner as required
by F.S. §73.015, as amended.
(#20030063-County Lands) |
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ACTION REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $500.00 for Parcel B-3952,
Alico Road Widening, from east of I-75 to east of Old US 41, Project No.
4030, pursuant to the terms and conditions set forth in the Purchase Agreement;
authorize Chairman on behalf of the BOCC to execute Purchase Agreement if
offer is accepted by Seller; authorize the Division of County Lands to handle
and accept all documentation necessary to complete this transaction and
payment of all recording fees. WHY
ACTION IS NECESSARY: The Board must formally authorize the making of a
binding offer to a property owner pursuant to F.S. §73.015 prior to
initiation of condemnation proceedings. WHAT
ACTION ACCOMPLISHES: Makes binding offer to property owner as required
by F.S. §73.015, as amended.
(#20030069-County Lands) |
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ACTION REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $500.00 for Parcel B-3953,
Alico Road Widening, from east of I-75 to east of Old US 41, Project No.
4030, pursuant to the terms and conditions set forth in the Purchase
Agreement; authorize Chairman on behalf of the BOCC to execute Purchase
Agreement if offer is accepted by Seller; authorize the Division of County
Lands to handle and accept all documentation necessary to complete this
transaction and payment of all recording fees. WHY
ACTION IS NECESSARY: The Board must formally authorize the making of a
binding offer to a property owner pursuant to F.S. §73.015 prior to initiation
of condemnation proceedings. WHAT
ACTION ACCOMPLISHES: Makes binding offer to property owner as required
by F.S. §73.015, as amended.
(#20030070-County Lands) |
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ACTION REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $500.00 for Parcel B-3944-1,
Alico Road Widening, from east of I-75 to east of Old US 41, Project No.
4030, pursuant to the terms and conditions set forth in the Purchase
Agreement; authorize Chairman on behalf of the BOCC to execute Purchase
Agreement if offer is accepted by Seller; authorize the Division of County
Lands to handle and accept all documentation necessary to complete this
transaction and payment of all recording fees. WHY
ACTION IS NECESSARY: The Board must formally authorize the making of a
binding offer to a property owner pursuant to F.S. §73.015 prior to
initiation of condemnation proceedings. WHAT
ACTION ACCOMPLISHES: Makes binding offer to property owner as required
by F.S. §73.015, as amended. (#20030071-County
Lands) |
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ACTION REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $4,000.00 for Parcel
205, Alico Road Widening, from east
of I-75 to east of Old US 41, Project No. 4030, pursuant to the terms and
conditions set forth in the Purchase Agreement; authorize Chairman on behalf
of the BOCC to execute Purchase Agreement if offer is accepted by Seller;
authorize the Division of County Lands to handle and accept all documentation
necessary to complete this transaction and payment of all recording fees. WHY
ACTION IS NECESSARY: The Board must formally authorize the making of a
binding offer to a property owner pursuant to F.S. §73.015 prior to
initiation of condemnation proceedings. WHAT
ACTION ACCOMPLISHES: Makes binding offer to property owner as required
by F.S. §73.015, as amended.
(#20030072-County Lands) |
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ACTION REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $4,500.00 for Parcel 209A
and $7,000.00 for Parcels 209B & C, Alico Road Widening, from east of
I-75 to east of Old US 41, Project No. 4030, pursuant to the terms and
conditions set forth in the Purchase Agreement; authorize Chairman on behalf
of the BOCC to execute Purchase Agreement if offer is accepted by Seller;
authorize the Division of County Lands to handle and accept all documentation
necessary to complete this transaction and payment of all recording fees. WHY
ACTION IS NECESSARY: The Board must formally authorize the making of a
binding offer to a property owner pursuant to F.S. §73.015 prior to
initiation of condemnation proceedings. WHAT
ACTION ACCOMPLISHES: Makes binding offer to property owner as required
by F.S. §73.015, as amended.
(#20030074-County Lands) |
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ACTION REQUESTED: Accept the donation of a Grant of Perpetual
Utility Easement, which is necessary for a well to provide irrigation for the
Daniels Parkway Median Landscaping Project No. 6024; authorize the Division
of County Lands to handle and accept all documentation necessary to accept
the donation; authorize payment of recording fees. WHY ACTION IS NECESSARY: The Board must formally accept all real estate
conveyances to the County. WHAT ACTION ACCOMPLISHES: Approval of the Requested Motion will provide for
the acceptance of the donated easement for the Daniels Parkway Median
Landscaping Project No. 6024.
(#20030110-County Lands) |
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7. |
PUBLIC SAFETY |
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ACTION
REQUESTED: Authorize Chairman to approve a Certificate of
Public Convenience and Necessity (CON) to the South Trail Fire Protection and
Rescue Service District to conduct advance life support (ALS) non-transport
service, emergency medical service care. WHY ACTION
IS NECESSARY: Commission Chairman’s signature is required to
execute CON. WHAT ACTION
ACCOMPLISHES: Grants the applicant license to provide ALS
service in accordance with State law and provision contained in Lee County
Ordinance 02-19. (#20030100-EMS) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION
REQUESTED: Adopt a resolution requesting the Florida
Legislature maintain $30 million in state funding for beach management. WHY ACTION
IS NECESSARY: The Governor’s proposed ’03 -’04 budget recommends
a cut in beach management funding. WHAT ACTION
ACCOMPLISHES: Requests the Florida Legislature maintain the
current $30 million dollar level of beach management funding. (#20030132-Natural Resources) |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: Approve Supplemental Task Authorization (STA) No.
22 to Cella & Associates Inc. for CN-00-04 MISCELLANEOUS CIVIL
ENGINEERING DESIGN AND/OR INSPECTION SERVICES (Contract No. 1458) for
Miscellaneous Public Involvement Services in the amount of $25,000.00 for a
total to date of $69,500.00. WHY ACTION
IS NECESSARY: Pursuant to the Lee County Contract Manual,
approved by the Board on September 25, 2001, the Board is required to approve
all Supplemental Task Authorizations in excess of $50,000.00 to Professional
Services Agreements. WHAT ACTION
ACCOMPLISHES: Will enable the Consultant to continue to provide
development and implementation of public involvement campaigns for projects,
including individual meetings, workshops, hearings, special events, etc., as
directed by Lee County.
(#20030105-Transportation) |
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10. |
UTILITIES
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ACTION REQUESTED: Request Board approval to accept the attached
Letter of Agreement dated November 13, 2002 between Coolidge-Ft. Myers
Realty, L.P. and Lee County Utilities as a Construction Funding Agreement for
the Herons Glen/Del Vera 16” diameter Water Main project. WHY ACTION IS NECESSARY: The attached Resolution Z-00-078, Paragraph 19 (b)
states that the developer must give the County written notification of their
proposed payment schedule for partial reimbursement of the construction of
the water main. WHAT ACTION ACCOMPLISHES: Due to the regional impact to the Herons Glen
Development, a 16” diameter water main will need to be constructed to provide
water to the new residential units.
Lee County Utilities is going to have the water main constructed, and
Coolidge-Ft. Myers Realty, L.P., has agreed to reimburse Lee County 50% of
the total project cost on a five-year reimbursement method, to be paid
quarterly, based on a 5% interest rate.
(#20030067-Utilities) |
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ACTION REQUESTED: Approve final acceptance, by Resolution, and
recording of two (2) Utility Easements as a donation of a water main
extension, one 4” diameter fire line and one fire hydrant serving the
VERANDAH SALES CENTER. This is a
Developer Contributed asset and the project is located on the south side of
State Road 80 approximately ½ mile west of State Road 31. WHY ACTION IS NECESSARY: To provide potable water service and fire protection to the recently constructed sales center. WHAT ACTION ACCOMPLISHES: Places the water main, fire hydrant and fire line into
operation and complies with the Lee County Utilities Operations Manual. (#20030078-Utilities) |
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ACTION
REQUESTED: Approve final acceptance by Resolution and
recording of three (3) Utility Easements as a donation of a water
distribution system and a gravity collection system serving Caloosa
Creek. This is a
developer contributed asset project located on the south side of Linton Road,
between Cook Road and John Morris Road. WHY ACTION
IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to the recently constructed residential
development. WHAT ACTION
ACCOMPLISHES: Places the water and sewer systems into operation
and complies with the Lee County Utilities Operations Manual. (#20030079-Utilities) |
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11. |
PARKS AND RECREATION |
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12. |
COUNTY ATTORNEY |
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ACTION
REQUESTED: Adopt resolution approving the issuance of Lee
County Industrial Development Authority Bonds on behalf of Legacy at Lehigh,
LLC, in an amount not to exceed $11,000,000.00 for the primary purpose of
financing the costs of acquisition, construction, equipping, and furnishing a
Congregate Care Residential Community to be owned and operated by Legacy at
Lehigh, LLC. 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. (#20030104-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). (#20030126-Clerk of
Courts) |
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ACTION REQUESTED: Approve payment of
delinquent tax overbid claim-Professional Research, Inc. 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.
(#20030127-Clerk of Courts) |
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February
11, 2003
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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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ACTION
REQUESTED: Approve award of the following Projects: EX030258,
the purchase of one (1) new International crew-cab chassis truck from
International Truck and Engine Corporation, at the Florida State Contract
price with contract and non-contact options of $45,271.00; and W-030259, the
purchase and installation of one (1) Pro-Patch asphalt pothole patcher from
H.D. Industries, Inc. at a price of $46,253.85. Grand total for one (1) complete truck, which is for use by the
Lee County Department of Transportation, is $91,524.85. A waiver has been requested because H.D.
Industries, Inc. is the sole source distributor for the Pro-Patch asphalt
pothole patcher. WHY ACTION
IS NECESSARY: Section 11.0.3.1 of the Lee County Purchasing and
Payment Procedures Manual exempts “the purchase of equipment that has gone
through the Administrative Code Procedure, such as State Contracts or Federal
General Services Administration Schedules, providing the purchase, rental, or
lease amount does not exceed $50,000.00”.
As this expenditure will exceed $50,000.00, Board approval is
required. WHAT
ACTION ACCOMPLISHES: This purchase allows Lee County DOT to replace its
aging asphalt patch truck (asset #019115); which has met Fleet Management’s
replacement criteria (please see Attachment #5). (#20030076-Transportation) |
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10. |
UTILITIES |
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11. |
PARKS AND RECREATION |
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12. |
COUNTY ATTORNEY |
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ACTION REQUESTED: Accept $1,115.58 settlement offer from Progressive
Insurance Company for $1,685.79 in Lee County property damages to guardrail caused by Mr. George Nixon in a
vehicle accident on June 17, 2002. WHY ACTION IS NECESSARY: Board of County Commissioners’ approval required
for settlement offers and execution of Release for Property Damage are
required to complete the transaction with Progressive Insurance Companies for
their payment. WHAT ACTION ACCOMPLISHES: Releases Progressive Insurance and George Nixon
from any further liability to the County for a $1,115.58 payment to County
for damages to Lee County property, invoice 1562. (#20030096-County Attorney) |
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ACTION REQUESTED: Approve the Resolution of Necessity for the
acquisition and condemnation of parcels required for the Charlee Road Special
Improvements Municipal Services Benefit Unit, Project No. 4082. WHY ACTION IS NECESSARY: The Board must formally approve the Resolution of
Necessity prior to proceeding with condemnation of parcels necessary for the
project. WHAT ACTION ACCOMPLISHES: Allows the County to proceed with condemnation, if
necessary, so parcels can be acquired for the Charlee Road Special
Improvements MSBU project.
(#20030045-County Attorney) |
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ACTION REQUESTED: Approve execution of a quit-claim deed to cure an
ambiguity in the final judgment in Lee County v. Colonial Square Shopping
Center, Inc., Case No. 96-4555-CA. WHY ACTION IS NECESSARY: To execute a quit-claim deed which will resolve an
ambiguity. WHAT ACTION ACCOMPLISHES: Cures the ambiguity as to ownership of a
building. (#20030128-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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