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 |
April 8, 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
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Invocation: |
Pastor
Ryan Deaton |
Life
Church |
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Pledge
of Allegiance |
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Recap |
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Public
Comment on the Consent and Administrative 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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Walk-ons
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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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1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Request Board of County Commissioners to adopt a
resolution authorizing the borrowing of up to $534,000 from the Tax Exempt
Commercial Paper Program for the Triple Crown Court Waterline MSBU. 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. (#20030370-Budget Services) |
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ACTION
REQUESTED: Adopt a resolution to petition the State of
Florida to request a re-evaluation of the Federal noise standards and to
update the Noise Abatement Act. WHY ACTION
IS NECESSARY: Lee County was asked to support this action by
Flagler County as they are experiencing noise problems as a result from an
Interstate traversing the length of their County. WHAT ACTION
ACCOMPLISHES: Supports Flagler County in their mission to
address noise problems associated with
Federal Interstate Highways.
(#20030385-County Manager) |
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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 VAC2002-00052 to vacate a 6-ft
wide Drainage and/or Public Utility Easement along both side lot lines and
across the rear lot line of Lot 45, Block A, Unit 2, Cross Creek Estates
Subdivision, in Ft. Myers, Florida.
Adopt a Resolution setting a Public Hearing for 5:00 pm on the 13th
day of May 2003. WHY ACTION
IS NECESSARY: Rendering these easements would release
unnecessary encumbrances and resolve the conflict of minimum setbacks and
plated easements upon the property. The
vacation of these Drainage and/or Public Utility Easements will not alter
existing or future Drainage and/or Public Utility requirements. WHAT ACTION
ACCOMPLISHES: Setting the time and date of the Public
Hearing. (#20030360-Development
Services) |
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5. |
HUMAN SERVICES |
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ACTION
REQUESTED: Approve the expenditure of CDBG funds in the
amount of $75,000 plus closing and related costs to acquire an existing
building and property located in Pine Manor for use as a community center to
be owned, operated and maintained by the Pine Manor Improvement Association,
Inc. WHY ACTION
IS NECESSARY: Authorizes the expenditure of CDBG funds which
have been allocated to the Pine Manor Neighborhood District for neighborhood
improvements. WHAT ACTION
ACCOMPLISHES: Acquisition of this property will enable an
existing building located within Pine Manor to be renovated to serve as a
community center which in turn will provide a neighborhood facility designed
to serve the needs of area residents.
(#20030350-Human Services) |
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ACTION
REQUESTED: Approval not to exceed amount of $77,000 for a rehab of a three bedroom
home located at 103 William St. Fort Myers, unincorporated Lee County. Home
was purchased from HUD for $1 and will be rehabilitated as part of the HOPE3
project of acquisition, rehab and resale to a low-income family. Home will
appraise for approximately $90,000 when complete. HOPE3 funds used for acquisition (which also included closing
costs). SHIP and CDBG funds will be
utilized for the rehabilitation. WHY ACTION
IS NECESSARY: The total amount of the rehab project exceeds
County Manager’s approval limit of $50,000. Home was purchased from HUD for
$1 and needs extensive repairs to be brought up to code. WHAT ACTION
ACCOMPLISHES: Contributes to revitalization of area, provides
homeownership opportunity of a quality home for low-income family in unincorporated
Dunbar at an approximate appraised value of $90,000. (#20030351-Human Services) |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Approve the acquisition of Parcel 216, for the
Three Oaks Parkway South Extension Project No. 4043, in the amount of $60,000,
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. (#20030330-County
Lands) |
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ACTION
REQUESTED: Approve the acquisition of Parcel 141, a perpetual
waterline utility easement, which is necessary to provide and maintain
essential municipal service, facilities and improvements in accordance with
the Cottage Point Waterline Municipal Service Benefit Unit; approve payment
in the amount of $250; authorize the Division of County Lands to handle and
accept all documentation necessary; authorize payment of necessary costs to
close. WHY
ACTION IS NECESSARY: The Board must formally accept all real estate
conveyance to Lee County. WHAT
ACTION ACCOMPLISHES: Approval of the Requested Motion will provide for
the acquisition of the property without the need for the Board to exercise
its power of Eminent Domain at a future date. (#20030359-County Lands) |
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ACTION REQUESTED: Approve Change Order No. One (1) with Lodge
Construction, Inc., under contract #1937 (RFQ-01-09 BEN HILL GRIFFIN PARKWAY
LANDSCAPE AND IRRIGATION PHASE II CONTRACT FOR CONSTRUCTION MANAGEMENT), for
the Lee County MSTBU Services, to increase the Guaranteed Maximum Price (GMP)
in the amount of $210,120.00, for a revised total GMP (Guaranteed Maximum
Price) of $2,110,120.00 which includes the CM fee. WHY ACTION IS NECESSARY: Pursuant to Lee County Contract Manual, approved
on September 25, 2001, Board approval is required for Change Orders in excess
of $50,000.00. WHAT ACTION ACCOMPLISHES: Provides for the sufficient GMP for the
installation of landscaping and irrigation in the median areas of Ben Hill
Griffin Parkway (BHG) from Alico Road to Corkscrew Road, and Corkscrew Road
from Ben Hill Griffin Parkway to I-75.
(#20030364-MSTBU Services) |
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ACTION REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $184,000.00, for Parcel 100,
Palmetto Extension, Project No. 4073, 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. (#20030336-County Lands) |
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7. |
PUBLIC SAFETY |
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ACTION
REQUESTED: Approve an Interlocal Agreement between Estero
Fire Rescue and Lee County. WHY ACTION
IS NECESSARY: The Board of County Commissioners approves
Interlocal Agreements. WHAT ACTION
ACCOMPLISHES: Provides Lee County with much needed space for the
use and benefit of an ambulance station and for sheltering of emergency
vehicles / crews in the event of a storm, civil emergency or forced lock
down. (#20030311-EMS) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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9. |
TRANSPORTATION |
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ACTION REQUESTED: Approve Local Agency Program Supplemental
Agreement with the Florida Department of Transportation for Expansion Of Variable
Pricing To Heavy Vehicles. Also, approve authorization resolution for
Chairman to execute agreement. WHY ACTION
IS NECESSARY: Requires BOCC approval for agreements. WHAT ACTION
ACCOMPLISHES: Allows necessary budget revisions by task to be
approved so that the existing program can continue, and billings will not be
interrupted.
(#20030348-Transportation) |
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10. |
UTILITIES
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ACTION REQUESTED: Approve final acceptance, by Resolution, as a
donation of one fire hydrant and a force main extension serving 7-Eleven
Convenience Store # 33193. This is a
Developer contributed asset project is located on the southwest corner of
Pine Ridge Road and McGregor Blvd WHY ACTION IS NECESSARY: To provide fire protection and sanitary sewer
service to the recently constructed convenience store. WHAT ACTION ACCOMPLISHES: Places the fire hydrant and force main into
operation and complies with the Lee County Utilities Operations Manual. (#20030317-Utilities) |
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ACTION
REQUESTED: Approve sole source Waiver # W-030393 to waive
formal quotation procedure for the Utilities Division of the Public Works
Department, for the purchase of equipment from Prominent Fluids Controls,
Endress and Hauser and Capital Controls through their sole source distributor
for the municipal market ISC Instruments South Corporation. The term of the waiver will be for one
year. Funding will come from the
individual departments budget and they would be responsible for monitoring
their own expenditures. Estimated
annual costs are projected to be approximately $260,000.00. WHY ACTION
IS NECESSARY: According to Section 9.4.1. of the Lee County
Purchasing and Payment Procedures Manual, approved by the Board on 7/9/02,
purchases over $50,000.00 must be approved by the Board. WHAT ACTION
ACCOMPLISHES: Allows the Utilities Division of the Public Works
Department to purchase equipment from Prominent Fluid Controls, Endress and
Hauser and Capital Controls through their sole source distributor for the
municipal market ISC Instrument South Corporation. (#20030318-Utilities) |
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ACTION REQUESTED: Approve construction of two on-site lift stations
and an off-site sewage force main extension, serving Bell Tower PARK. This is a Developer contributed asset and
the project is located on the east side of South Tamiami Trail approximately
2/3 mile south of Daniels Parkway. WHY ACTION IS NECESSARY: To provide sewer service to this proposed
multi-family residential development. WHAT ACTION ACCOMPLISHES: Provides adequate sanitary sewer infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual.
(#20030343-Utilities) |
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ACTION REQUESTED: Approve final acceptance, by Resolution, and
recording of one utility easement as a donation for a fire hydrant serving
Florida Gulf Bank @ Summerlin Crossing.
This is a Developer contributed asset project located on the northwest
corner of Summerlin Road and Winkler Road. WHY ACTION IS NECESSARY: To provide fire protection to the recently
constructed commercial building. WHAT ACTION ACCOMPLISHES: Places the fire hydrant into operation and
complies with the Lee County Utilities Operations Manual. (#20030345-Utilities) |
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ACTION REQUESTED: Approve adjusted final rate for FY 01/02 for
wastewater treatment provided by the City of Fort Myers of $1.57 per 1,000 gallons; and, accept
reimbursement from the City of Fort Myers to Lee County Utilities in the
amount of $255,755.43. WHY ACTION IS NECESSARY: Provides for final wastewater treatment rate for
FY 01/02 of $1.57 per 1,000 gallons, adjusted downward from the estimated
rate of $1.69 per 1,000 gallons. WHAT ACTION ACCOMPLISHES: Completes FY 01/02 fiscal requirements under the
terms of the Interlocal Wastewater Treatment Agreement between the City of
Fort Myers and Lee County.
(#20030372-Utilities) |
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ACTION REQUESTED: Approval to pay the City of Fort Myers for FY02-03
wastewater treatment costs at the estimated rate of $2.31 per thousand
gallons; total FY02-03 cost is estimated at $4,822,636.29 based on an
estimated 2,090,910,420 gallons.
Approve transfer from Utilities reserves in the amount of $250,000. WHY ACTION IS NECESSARY: To pay wastewater treatment costs for FY02-03
based on the City of Fort Myers’ adopted budget. The rate for wastewater treatment is an estimated rate based on
the City’s budget, until actual costs are available at the end of the fiscal
year. The Interlocal Wastewater
Treatment Agreement dated 11-06-83, amended 04-09-86, between the City of
Fort Myers and Lee County requires a rate be set on the City’s budgeted
costs. WHAT ACTION ACCOMPLISHES: Sets rate for FY02-03 wastewater treatment costs
and authorizes Lee County Utilities to pay this rate to the City of Fort
Myers based on their adopted budget until actual costs are available at the
end of the fiscal year.
(#20030374-Utilities) |
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11. |
PARKS AND RECREATION |
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ACTION
REQUESTED: Approve the award of the following Projects: # EX030389, the purchase of one (1)
International cab and chassis truck from International Truck and Engine
Corporation at the Florida State Contract price (including several
non-contract options) of $53,009.00; and # IT030390, the purchase and
installation of a dump body at the informally quoted price of $10,130.12 from
the best price vendor Jim Hardee Equipment Company, Inc.; for Lee County
Parks and Recreation. Grand total for
this purchase: $63,139.12. 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: Provides Lee County Parks and Recreation with the
equipment necessary to keep up with ever increasing ball field maintenance
and construction; as well as any additional special projects that Parks may
undertake in the future. This truck
replaces asset #019564 which has met Fleet Management’s replacement
criteria. (#20030304-Parks and
Recreation) |
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ACTION
REQUESTED: Authorize the establishment of one (1) full-time
Supervisor, P/R position, (Program
Director @ 80 hours bi-weekly), and four (4) part-time P/R Program
Specialist, Sr. positions (2 Program Managers @ 58 hours bi-weekly, and 2
Specialists @ 40 hours bi-weekly), for the 21st Century
Grant. This Grant was received and
approved by the Board of County Commissioners on 03/11/03. WHY ACTION
IS NECESSARY: Board authorization is necessary to establish new
positions. WHAT ACTION
ACCOMPLISHES: Enables Parks & Recreation to proceed with the
hiring process. (#20030371-Parks and
Recreation) |
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12. |
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). (#20030378-Clerk of
Courts) |
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ACTION REQUESTED: Present the Independent Auditors’ Management Letter for the fiscal year ended September 30, 2002. 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 Statute. (#20030379-Clerk of Courts) |
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ADMINISTRATIVE
AGENDA
April 8,
2003
1. |
COUNTY ADMINISTRATION |
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2. |
CONSTRUCTION AND DESIGN |
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3. |
COUNTY COMMISSIONERS |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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7. |
PUBLIC SAFETY |
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ACTION
REQUESTED: Approve Bid Waiver # W-030384 to waive the formal
quotation procedure, and allow the Lee County Division of Public Safety
(Emergency Medical Services – EMS) to purchase helicopter airframe parts, as
well as the repair/labor of airframe parts, from American Eurocopter
Corporation. A bid waiver has been
requested because American Eurocopter Corporation is the sole distributor of
helicopter parts for Eurocopter Aircraft operating within the United States
geographic area (please see attachment #2).
It is also requested that the term of this waiver be for one (1) year
with a not-to-exceed amount of $100,000.00. WHY ACTION
IS NECESSARY: According to 9.4.1 of the Lee County Purchasing
& Payment Procedures Manual, approved by the Board on 7/9/02, purchases
over $50,000.00 must be approved by the Board. WHAT ACTION
ACCOMPLISHES: This allows Public Safety-EMS to purchase required
parts, etc. on an as-needed basis in order to keep the helicopter fully
operational. (#20030298-EMS) |
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ACTION
REQUESTED: Execute lease agreement with the YMCA of Collier
County and the City of Bonita Springs to use the YMCA facility being
constructed just northeast of the I-75/Bonita Beach Road Interchange in
Bonita Springs as a hurricane shelter and staging area for emergency response
equipment during emergencies.
Authorize expenditures not to exceed $115,000 as the county’s
contribution to offset the cost to upgrade the facility to hurricane shelter
guidelines requested by Lee County.
Funding is available. WHY ACTION
IS NECESSARY: Board authorization is required for any
expenditure exceeding $50,000. WHAT ACTION
ACCOMPLISHES: Furnishes up to 1,450 additional shelter spaces
for residents vulnerable to hurricane forces, helps reduce the county’s
current shelter deficit, and provides additional space for staging emergency
equipment coming from outside Lee County to help in emergency response
efforts. (#20030349-Emergency
Management) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: Approve a request from the Cape Coral Chamber of
Commerce and authorize the Chairman to execute the agreement on behalf of the
BOCC. Approve the closing of the Cape
Coral Bridge on July 4, 2003 from 1:00 p.m. until 3:00 a.m. to accommodate
the Chamber’s Red, White and Boom Celebration. WHY ACTION
IS NECESSARY: Approval of a bridge closure and the resultant
loss of revenue requires BOCC approval. WHAT ACTION
ACCOMPLISHES: Allows the Chamber to proceed with the planning of
their 4th of July Celebration.
(#20030294-Transportation) |
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ACTION REQUESTED: Declare an emergency exists for the Sanibel
Causeway Bridges B & C, which have been found and determined to be in
such a condition as to pose an immediate threat to the safety of the
traveling public, and that emergency replacement is necessary. Also, approve a Resolution stating same
for submittal to the U.S. Coast Guard to allow reconstruction to begin under
the “Construction Manager (C-M) at Risk” process on an emergency procurement
basis for the issuance of the U.S. Coast Guard permits. WHY ACTION IS NECESSARY: Board of County Commissioners’ approval is
required for any Emergency Declarations. WHAT ACTION ACCOMPLISHES: Allows the County to proceed with reconstruction
of Bridges B & C under the “Construction Manager (C-M) at Risk” process
upon expedited selection of the Construction Manager. (#20030308-Transportation) |
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ACTION
REQUESTED: Approve emergency E-03-03 EMERGENCY INSPECTION
SERVICES FOR BRIDGE NOS. 124041 AND 124042 ON SANIBEL CAUSEWAY, to Kisinger
Campo and Associates Corporation., for the not-to-exceed amount of $25,000.00. WHY ACTION
IS NECESSARY: In accordance with the Lee County Contract Manual
approved by the Board on September 25, 2001, the Board is required to approve
all emergencies over $50,000.00. WHAT ACTION
ACCOMPLISHES: Provides for the emergency inspection for the
Sanibel Causeway Bridges.
(#20030341-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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13. |
HEARING EXAMINER |
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14. |
PORT AUTHORITY |
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15. |
CONSTITUTIONAL OFFICERS |
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April 8, 2003
5:00
PM |
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Public
Hearing |
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ACTION REQUESTED: Adopt a Resolution on Petition VAC2002-00053 to
Vacate a 12-foot wide Drainage and/or Public Utility Easement on the common
lot line between Lots 25 and 26, Block 26, Unit 5, a subdivision of Lehigh
Acres, in Lehigh Acres, Florida. WHY ACTION IS NECESSARY: To
build a single-family residence on the combined lots. The vacation of this
Drainage and/or Public Utility Easement will not alter existing drainage and
utility conditions and the easement is not necessary for future drainage and
utility requirements. WHAT THE ACTION ACCOMPLISHES: Vacates the 12-foot wide easement. (#5)
(#20030188-Development Services) |
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Public
Hearing |
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ACTION
REQUESTED: Adopt resolution on Petition VAC2002-00017 to
Vacate an un-built portion of E. Town & River Dr. adjacent to Lot 17
& Tract “C”, as recorded in Plat Book 12, Page 143, Lee County, Florida. WHY ACTION
IS NECESSARY: The applicant has maintained the area in the past
and would like to continue to maintain the area. The applicant has complied
with all of the requirements of A.C. 13-1 & A.C. 13-8 and all of the
reviewing entities have issued review and recommendation letters of no
objection. The vacation of these
rights-of-way will not alter traffic conditions and the rights-of-way are not
necessary to accommodate any future traffic requirement. WHAT ACTION
ACCOMPLISHES: Vacates the right-of-way. (S21-T45S-R24E) (#3)
(#20030365-Development Services) |
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Public
Hearing |
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ACTION
REQUESTED: To adopt and enact an ordinance, with staff
recommended conditions, to establish a Uniform Community Development District
(UCDD) to be known as the Habitat Community Development District ordinance. WHY
ACTION IS NECESSARY: An ordinance adopted by the BOCC is the exclusive
means to establish a UCDD of less than 1,000 acres in size. WHAT
ACTION ACCOMPLISHES: Creates an independent special district that
provides an alternative method to manage and finance basic services for
community development. (#20030369-County Attorney) |
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5:05
PM |
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Public
Hearing |
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ACTION REQUESTED: Conduct second public hearing on the adoption of
proposed amendments to the Lee County Land Development Code (LDC) provisions
related to wireless communication facilities and authorize publication of
proposed amendments. WHY ACTION IS NECESSARY: Public Hearings are necessary to adopt amendments
to the Land Development Code (LDC). WHAT ACTION ACCOMPLISHES: Allows
for discussion and public input on proposed adoption of the amendments to LDC
wireless communication facilities regulations. (#20030286-County Attorney) |
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5:05
PM |
Public
Presentation of Matters by Citizens |
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Adjourn |
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