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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 |
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Donald D. Stilwell, County Manager |
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James
G. Yaeger, County Attorney |
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March 18, 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: |
Brother
George Henderson |
First
Baptist Church of Alva |
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Pledge
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Presentations: |
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(Commissioner
Judah-#20030171) |
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(Commissioner
Janes-#20030276) |
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Recap |
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Public
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Consent
Agenda: |
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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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Administrative
Agenda |
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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 |
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CONSENT
AGENDA
March
18, 2003
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1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Request BOCC to accept the FY 01-02 Indirect Cost
Plan and Indirect Federal Circular A-87 Cost Plan and Impact Fee
Administration Cost Report. Request
BOCC to approve indirect costs and authorize Finance to process the Indirect
Cost payments in the amount of $5,844,940. WHY ACTION
IS NECESSARY: Approve the cost reports to provide for payments
to the General Fund. WHAT ACTION
ACCOMPLISHES: Approved the Indirect Cost Plan and the amounts of
reimbursement to the General Fund.
(#20030265-Budget Services) |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION
REQUESTED: Approve change of ownership of lease agreement for
Court Administration and lease #C980657 for the State Attorney’s office both
located in the SunTrust Plaza, formally the Barnett Centre and Huntington
Plaza, located at 2000 West Main Street, Ft. Myers, FL. The Plaza was recently sold to Ft. Myers
Venture I, L.L.C. The former owner
was Fountain Square Associates.
Rental payments are now to be made to the new owner. All other terms and conditions of the
lease agreements will remain the same as they are. WHY ACTION
IS NECESSARY: Fountain Square Associates, who owned the SunTrust
Plaza, recently sold the facility to Fort Myers Venture I, L.L.C. In order for Fort Myers Venture I, L.L.C.
to receive their rental payments from Lee County Government, the change must
be approved by the Board of County Commissioners. WHAT ACTION
ACCOMPLISHES: By making this change of ownership in the lease
agreements, all rental payments will be properly directed to the current
owner. (#20030268-Facilities
Management) |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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ACTION
REQUESTED: Accept a Petition VAC2003-00005 to Vacate the East
10-foot portion of a 20-foot wide Drainage and/or Public Utility Easement on
Lot 14, The Timber Subdivision, as recorded in Plat Book 41, Pages 51-53, of
the Public Records of Lee County, Florida and adopt a Resolution setting a
Public Hearing for 5:00 p.m. on the 22nd day of April 2003. WHY ACTION
IS NECESSARY: It would eliminate the encroachment of a pool and
pool cage that was built in 1998. The
vacation of this easement will also provide clear title for future re-sale of
the property. The vacation of this 10-foot portion of the Drainage and/or Public
Utility Easement will not alter existing or future drainage and/or utility
requirements. WHAT ACTION
ACCOMPLISHES: Sets the time and date of the Public Hearing. (#20030242-Development Services) |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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ACTION REQUESTED: Accept Parcels 146, 147, 156 and 157, perpetual
waterline utility easements, which are necessary to provide and maintain
essential municipal service, facilities and improvements in accordance with
the Cottage Point Waterline Municipal Service Benefit Unit; authorize the
Division of County Lands to handle and accept all documentation necessary;
authorize payment of recording fees. WHY ACTION IS NECESSARY: The Cottage Point MSBU project plan requires the
perpetual easements to install the waterline improvements in the existing
roads and roadways. WHAT ACTION ACCOMPLISHES: Approval of the Requested Motion will provide for
the acquisition of the property interests by Grant of Perpetual Public
Waterline Utility Easement from the benefited property owners. (#20030239-County Lands) |
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ACTION REQUESTED: Approve the acquisition of Parcel 106 by accepting
two perpetual easements for the Cypress Lake Drive Widening, Project No.
4064; pay necessary costs and fees to close; authorize the Division of County
Lands to handle and accept all documentation necessary to complete this
transaction. WHY ACTION IS NECESSARY: All real estate acquisitions must be approved by
the Board of County Commissioners pursuant to Florida Statute. WHAT ACTION ACCOMPLISHES: Acquires the easement during the voluntary phase
of the project, thereby the Board avoids the need to exercise its power of
Eminent Domain at a future date.
(#20021497-County Lands) |
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ACTION
REQUESTED: Approve a resolution authorizing the conveyance of
the Mullock Creek Preserve, located in Section 13, Township 46 South, Range
24 East, to the State of Florida Department of Environmental Protection
(DEP); authorize the Chairman on behalf of the Board of County Commissioners
to execute the attached Resolution and County Deed; authorize the Division of
County Lands to handle and complete all documentation necessary to finalize
the transaction. WHY
ACTION IS NECESSARY: To assist the Florida Department of Environmental
Protection in meeting the requirements of a grant awarded to them by the U.S.
Fish and Wildlife Service to acquire and restore 1,515.35 acres within the
Estero Bay State Buffer and Aquatic Preserve. WHAT
ACTION ACCOMPLISHES: Approval of the requested motion provides for the
donation of 129 ± acres of County owned land, known as the Mullock Creek
Preserve, to the State of Florida Department of Environmental Protection and
provides a partnership for the protection of Estero Bay State Buffer and
Aquatic Preserve. Conveyance will be conducted in compliance with F.S.
125.38. (#20030176-County Lands) |
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ACTION
REQUESTED: Approve the acquisition of Parcel 329, for the
Three Oaks Parkway South Extension Project No. 4043, in the amount of
$248,000, pursuant to the terms and conditions set forth in the Agreement for
Purchase and Sale of Real Estate; authorize the Chairman on behalf of the
Board of County Commissioners to sign the Purchase Agreement; authorize
payment of necessary costs to close; authorize the Division of County Lands
to handle and accept all documentation necessary to complete this
transaction. WHY
ACTION IS NECESSARY: The Board must formally accept all real estate
conveyances to Lee County. WHAT
ACTION ACCOMPLISHES: The acquisition of property during the voluntary
phase of the project, thus avoiding the Board’s need to exercise its power of
Eminent Domain. (#20030256-County Lands) |
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ACTION
REQUESTED: Approve waiving of the formal process for BW-03-04
and enter into a Service Provider Agreement with the University of South
Florida, Board of Trustees, a public body corporate for its Center for Urban
Transportation Research (CUTR), for the preparation of the Transit
Development Plan (TDP) in the amount of $91,097.00. Authorize Chairman to execute the Services Provider Agreement. WHY ACTION
IS NECESSARY: In accordance with the Lee County Contract Manual,
approved by the Board on April 21, 1993, bid waivers and expenditures in
excess of $50,000.00 must be approved by the Board. WHAT ACTION
ACCOMPLISHES: Allows for the execution of a contract between Lee
Tran and CUTR, a state agency, which pursuant to Florida Statues Section
287.057, contractual services awarded to independent non-profit colleges in
the State are exempt from competitive sealed bidding. CUTR specializes in Long Range Financial
and Planning Studies for Transit Agencies.
(#20030241-Transit) |
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7. |
PUBLIC SAFETY |
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ACTION REQUESTED: Authorize Chairman to execute Modification to
agreement with the Department of Community Affairs contract
#03-PR-91-09-46-01-247 to extend the agreement to November 15, 2003. WHY ACTION IS NECESSARY: Commission Chairman’s signature is required to
execute the modification. WHAT ACTION ACCOMPLISHES: Provides additional time to complete a project to
make hurricane preparedness materials accessible to hearing-impaired and
visually impaired learners.
(#20030261-Emergency Management) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION
REQUESTED: Authorize Chairman to approve by signature the
attached Easement No. 31107 and Use Agreement Nos. U-0309 & U-0310. These
documents bind the Board of Trustees of the Internal Improvement Trust Fund
of the State of Florida and Lee County into an agreement for the use of
upland state park lands during construction and maintenance of the Lovers Key
and Gasparilla Island beach restoration. WHY ACTION
IS NECESSARY: Florida Administrative Code 18-2.018(2)(o)
requires agreements for use of state uplands between local governmental
agencies and the State of Florida to be made by the local governing board and
the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida. WHAT ACTION
ACCOMPLISHES: Easement No. 31107 grants Lee County authorization
to construct and maintain a groin structure on state property in Gasparilla
Island State Park as part of the Gasparilla Island beach restoration. Use
Agreements Nos. U-0309 & 0310 grant Lee County permission to temporarily
place and maintain dredged material, pipeline and equipment on state lands in
Gasparilla Island State Park and Lovers Key State Park respectively, as
necessary to construct and maintain Lovers Key and Gasparilla Island beach
restoration. (#20030263-Natural
Resources) |
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ACTION
REQUESTED: Approve Lee County’s portion of the fifth 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 Fifth 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 that the report provides an
accurate description of the activities associated with the NPDES permit. (#20030258-Natural Resources) |
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ACTION
REQUESTED: Execute Sovereign Submerged Lands Easement from
the State of Florida for the Matlacha Isles public navigation channel. WHY ACTION
IS NECESSARY: The easement is a requirement of the FDEP
permitting for the dredging of the Matlacha Isles Channel. WHAT ACTION
ACCOMPLISHES: Provides for the use of State submerged lands for
the public navigation channel.
(#20030267-Natural Resources) |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: Award the Professional Services Agreement for
CN-02-20 CAUSEWAY RECONSTRUCTION & REPLACEMENT OF STRUCTURE B & C, to
URS Corporation, for a total contract amount of $3,130,600.55. WHY ACTION
IS NECESSARY: Pursuant to the Contract Manual, approved by the
Board on September 25, 2001, the Board is required to approve all
Professional Services Agreements. WHAT ACTION
ACCOMPLISHES: Consultant will provide any and all engineering services to include roadways, structures, geotechnical activities, surveys, drainage, signing and pavement markings, utility relocation, landscaping, design surveys, right-of-way maps, maintenance of traffic, cost estimates, environmental permits, environmental mitigation plans, quantity computations booklets, and all necessary incidental items for the Causeway Reconstruction and Replacement of Structure B and C. (#20030221-Transportation) |
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10. |
UTILITIES
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ACTION
REQUESTED: Approve final acceptance by Resolution as a
donation of a 6” diameter fire line and a force main extension serving the Tractor Supply Company. This is a Developer contributed asset
project located on the northwest corner of SR 80 and South Olga Drive. WHY ACTION
IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to the recently constructed rural lawn, garden and
agricultural supply store. WHAT
ACTION ACCOMPLISHES: Places the fireline and force main into operation
and complies with the Lee County Utilities Operations Manual. (#20030252-Utilities) |
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ACTION REQUESTED: Change Meter Reader Position Number #02120 from
part-time to full-time. WHY ACTION IS NECESSARY: Board approval is required to change positions
from part-time to full-time. WHAT ACTION ACCOMPLISHES: This will allow the Customer Service billing
system to bill based on actual meter readings. Otherwise, should the routes fall behind, we could be forced to
estimate meter reading so that billing is not delayed. (#20030250-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 North Fort Myers Utility, Inc., in an amount not to exceed
$17,000,000.00 for the primary purpose of currently refunding the Authority’s
outstanding Sewer Industrial Revenue Bonds (North Fort Myers Utility
Project), Series 1995A (the "Refunded Bonds"), including payment of
a premium on such Refunded Bonds, refinancing certain taxable indebtedness
incurred by the Corporation to expand its System, 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. (#20030284-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). (#20030264-Clerk of
Courts) |
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ACTION REQUESTED: Approve minutes of January 10, 2000 (Special); February 22, 2000 (Regular); February 20, 2001 (Regular); May 1, 2001 (Regular); July 2, 2002 (Regular); November 12, 2002 (Regular); November 18, 2002 (Zoning); December 16, 2002 (Zoning); January 6, 2003 (Management and Planning) and February 3, 2003 (Management and Planning). (#20030262- Clerk of Courts) |
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ACTION REQUESTED: Approve payment of
delinquent tax overbid claim-Cooper Trust. 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.
(#20030271-Clerk of Courts) |
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ACTION REQUESTED: Approve payment of
delinquent tax overbid claim-Claver. 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.
(#20030272-Clerk of Courts) |
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ACTION REQUESTED: Approve payment of
delinquent tax overbid claim-Kopycinski. 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.
(#20030274-Clerk of Courts) |
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ACTION REQUESTED: Accept Florida Department of Law Enforcement: Residential
Substance Abuse Treatment for State Prisoners grant 03-CJ-2J-09-46-01-004/CPU
Substance Abuse TX Program in the amount of $138,750 to our unit of
government. The total grant
application is for $185,000. Also
approve a transfer from the general fund reserve in the amount of $46,250 as
the grant match.. WHY ACTION IS NECESSARY: The grant award requires the signature of the
government executive. WHAT ACTION ACCOMPLISHES: Signature of the grant award will afford the Lee County Sheriff’s Office the opportunity to initiate the grant and the Substance Abuse Treatment Program. (#20030269-Sheriff) |
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ADMINISTRATIVE
AGENDA
March
18, 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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ACTION REQUESTED: Create two additional permit representative
positions in the building permit review (Zoning Review) section, for the
Department of Community Development.
Approve transfer of funds from MSBU - Building Reserves (building
permit surplus funds) in the amount of $50,270 for salary, fringe, and
furniture and equipment for remainder of current 2002/2003 Fiscal Year. WHY ACTION IS NECESSARY: Board approval required for new positions and
transfers above $25,000. This is a
fee-supported function. WHAT ACTION ACCOMPLISHES: Maintains level of service for zoning review. Level of service has been a problem due to
staff vacancies and constant activity levels. (#20030223-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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12. |
COUNTY ATTORNEY |
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ACTION REQUESTED: Amend Resolution No.
90-03-25, Section 5.06, Uniformity of Tolls, eliminating the Clergy
Exemption from toll payment on Lee County Facilities. WHY ACTION IS NECESSARY: Board must approve any amendment to a Resolution. WHAT ACTION ACCOMPLISHES: Improves operational delays at toll bridges,
increases revenue and reduces administrative oversight. (#20030217-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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