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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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July 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
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9:30
AM |
Invocation: |
Pastor
Joey Brummett |
First
Church of the Nazarene |
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Pledge
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Presentations: |
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Present
FAC County Champion Award to Representative Carol Green |
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(Commissioner
Judah-#20030718) |
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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
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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July
8, 2003
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1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Approve resolution adopting proposed FY03-04 ad
-valorem millage rates and rolled-back rates; and schedule first and second
public hearings on the FY03-04 proposed budget and proposed millage rate for
September 4, 2003 at 5:05 p.m., and September 18, 2003 at 5:05 p.m. in the
Commission Chambers Meeting Room. WHY ACTION
IS NECESSARY: State law requires that the Board advise the
Property Appraiser of the millage rates, rolled-back rates, and the date,
time, and place of the first public hearing on the budget. WHAT ACTION
ACCOMPLISHES: Authorizes the aforementioned information to be
transmitted to the Property Appraiser as required by State Law. (#20030760-Budget Services) |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION
REQUESTED: Award RFQ-03-02 ELEVATOR MAINTENANCE AND MODERNIZATION
SERVICES, to the proposer whose proposal was evaluated by the Proposal
Evaluation Committee as being in the best interest of Lee County, Kone, Inc.,
for 1st Year Maintenance cost of $78,360.00, 2nd Year
Maintenance cost of $78,360.00, 3rd Year Maintenance cost of
$78,360.00 and Modernization cost of $1,043,442.00. Approve deductions
reflected in the costs in the amount of $7,052.00 for a 3% Maintenance
discount per year and $20,869.00 for a 2% Modernization discount per year. This contract is for three (3) years. WHY ACTION
IS NECESSARY: Board
approval required. WHAT ACTION
ACCOMPLISHES: Provides
Lee County with a firm that will provide elevator maintenance for various Lee
County facilities as well as modernization services for the following: Justice Center, Lee County Jail, and the
Lee County Administration Building.
(#20030681-Facilities Management) |
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ACTION
REQUESTED: Authorize the Chairman, on behalf of the BOCC, to
sign the Consent to Easement Agreement between Lee County and the United
States of America, Department of the Army to permit the County to construct a
fishing pier, canoe/kayak launch and boardwalk in the Intracoastal
Waterway-Tributary Channel in the Caloosahatchee Regional Park. WHY ACTION
IS NECESSARY: Board approval is required for Consent to Easement
Agreements. WHAT ACTION
ACCOMPLISHES: Consent to Easement Agreement will allow the
County to construct a fishing pier, canoe/kayak launch and boardwalk within
the Federal right-of-way of the Okeechobee Waterway. (#20030763-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 a
fifteen-foot Drainage Easement along the rear lot line of lot 66, Villa
Grande Subdivision, and adopt a Resolution setting a Public Hearing for 5:00
PM on the 12th day of August 2003. The property is located at 11545 Doddwood Drive, Estero,
FL. VAC2003-00019. WHY ACTION IS NECESSARY: To construct a Swimming Pool adjacent to a single
family home. The vacation of the
drainage easement will not alter existing drainage and the easement is not
necessary to accommodate any future drainage requirement. WHAT THE ACTION ACCOMPLISHES: Sets the time and date of the Public Hearing. (VAC2003-00019) (#20030703-Development Services) |
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ACTION
REQUESTED: Execute the grant award agreements for the
2002/2003 Lee County Historic Preservation Grant Assistance Program as
recommended by staff and the Historic Preservation Board. WHY ACTION
IS NECESSARY: The Lee County Historic Preservation Grant
Assistance Program is administered by the Lee County Planning Division and
implemented by the Lee County Historic Preservation Board. The terms of the grant awards are subject
to approval by the Board of County Commissioners. WHAT ACTION
ACCOMPLISHES: Allows the county to enter into agreements with the grant recipients who will use funds to rehabilitate historic structures. (#20030754-Planning) |
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ACTION
REQUESTED: Add an amendment to create a Water Supply
Facilities Work Plan into the current round of Special Amendments to the
comprehensive plan. WHY ACTION
IS NECESSARY: This amendment must be adopted concurrent with the
county’s adoption of the Evaluation and Appraisal Report which is due in
February of 2004. WHAT ACTION
ACCOMPLISHES: Initiates a comprehensive plan amendment. (#20030780-Planning) |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Approve acquisition of Parcel 231, Three Oaks
Parkway South Extension Project No. 4043, in the amount of $37,400.00,
pursuant to Purchase Agreement; authorize payment of costs to close and the
Division of County Lands to handle all documentation necessary to complete
transaction. WHY
ACTION IS NECESSARY: The Board must formally accept all real estate
conveyances to Lee County. WHAT
ACTION ACCOMPLISHES: The Board avoids Eminent Domain.
(#20030732-County Lands) |
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ACTION
REQUESTED: Approve acquisition of Parcel 234, Three Oaks
Parkway South Extension Project No. 4043, in the amount of $63,000.00,
pursuant to Purchase Agreement; authorize payment of costs to close and the
Division of County Lands to handle all documentation necessary to complete
transaction. WHY
ACTION IS NECESSARY: The Board must formally accept all real estate
conveyances to Lee County. WHAT
ACTION ACCOMPLISHES: The Board avoids Eminent Domain.
(#20030733-County Lands) |
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ACTION
REQUESTED: Approve the recommendation of the Conservation
Lands Acquisition and Stewardship Advisory Committee to buy 120 acres on
Nalle Road known as Conservation 20/20 Nomination 208. Authorize staff to enter into negotiations
with the property owner. WHY ACTION IS
NECESSARY: The Board must approve advisory committee
recommendations for Conservation 20/20 Program acquisitions and must
authorize expenditures for the negotiation process. WHAT ACTION
ACCOMPLISHES: Begins the negotiation process to buy
environmentally sensitive lands needed for native plants and animals, flood
control, water quality, water supply, and public use. (#20030737-County Lands) |
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7. |
PUBLIC SAFETY |
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ACTION
REQUESTED: Award RFP-03-04 COOP/COG TERRORISM PLAN UPDATE, to
the proposer whose proposal was evaluated by the Proposal Evaluation
Committee as being in the best interest of Lee County and allow staff and
other Counties authorization to negotiate reasonable cost estimates for their
own entities. Recommend award to ICF
Consulting. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Provides a firm that will deliver a process,
information and work products for the COOP/COG Terrorism Plan Update for Lee,
Charlotte, Collier, DeSoto, Glades, Hendry, Highlands, Okeechobee, and
Sarasota Counties.
(#20030764-Emergency Management) |
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ACTION
REQUESTED: Authorize Chairman to sign resolution establishing
a procedure for declaring a State of Local Emergency when the Board of County
Commissioners cannot meet. WHY ACTION
IS NECESSARY: The Board will not convene in regular session
again until August 5, which makes declaring a State of Local Emergency
difficult and untimely under current procedures. WHAT ACTION
ACCOMPLISHES: Authorizes the Board Chairman, Vice Chairman or
other Board Member present in the county to declare a State of Local
Emergency should a natural or human caused event cause conditions posing a
serious and immediate threat to lives and property of Lee County
residents. (#20030782-Public Safety) |
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ACTION
REQUESTED: Adopt a resolution to approve changing the street
name on a platted street: as recorded Hidden Acres Cir; recorded in Plat Book
30 Pages 71 & 72 Hidden Acres Subdivision. WHY ACTION
IS NECESSARY: To be in compliance with Ordinance #88-13. WHAT ACTION
ACCOMPLISHES: This will change the address for all residents and
avoid delay in emergency service delivery.
(#20030759-E-911) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION
REQUESTED: Approve resolution to the West Coast Inland
Navigation District (WCIND) requesting an additional $80,000 for marine law
enforcement. Approve budget
resolution in the amount of $80,000, and increase the W-marine law
enforcement FY03 project amend the FY02/03 CIP accordingly. Increase existing WCIND marine law
enforcement subgrant agreements with Lee County Sheriff’s Office in the
amount of $40,000 and the Cape Coral Police Department in the amount of
$40,000. WHY ACTION
IS NECESSARY: Additional funds are available from WCIND subject
to a resolution from the County. The
Board must approve contract changes. WHAT ACTION
ACCOMPLISHES: Allows the County to receive an additional $80,000
in grant funding from WCIND and allocates the funds to the Cape Coral Police
Department and the Sheriff for marine enforcement. (#20030743-Natural Resources) |
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ACTION
REQUESTED: Approve Amendment to Interlocal Agreement between
Lee County and the City of Cape Coral for the Chantry Canal Boat Ramp. WHY ACTION
IS NECESSARY: Amendment provides a time extension that will
allow the City to move forward towards completion of the Chantry Canal Boat
Ramp project without violating the original agreement. WHAT ACTION
ACCOMPLISHES: Requires the City to file for all permits needed
by October 1, 2003. Requires the City to begin construction of project within
6 months of securing permits and complete project within 1 year of
commencement. (#20030762-Natural
Resources) |
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ACTION
REQUESTED: Execute updated Interlocal Agreement between City
of Cape Coral and Lee County for Matlacha Isles Dredging project. Funding is available in Project No.
203079, WCIND – Navigation Improvements FY03. WHY ACTION
IS NECESSARY: Reestablishes formal agreement between City of
Cape Coral and Lee County for dredging work to be performed in the Matlacha
Isles area. Defines project
responsibilities of both parties. WHAT ACTION
ACCOMPLISHES: Allows work to commence
in a timely fashion now that permits are in hand. The agreement also allows project to be completed at savings to
both the County and the City.
(#20030771-Natural Resources) |
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9. |
TRANSPORTATION |
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ACTION REQUESTED: Approve Amendment to Locally Funded Agreement with
FDOT to increase funds to advance the Design for improvements to US 41 from
Corkscrew to San Carlos Boulevard, and approve authorizing resolution for
Chairman to execute agreements. Also, approve transfer from Gas Tax Reserves
and amend FY03-07 Capital Improvement Program in the amount of $532,767.00. WHY ACTION IS NECESSARY: Requires BOCC approval for agreements and
amendments to CIP. WHAT ACTION ACCOMPLISHES: Allows FDOT to continue with six-lane design of
the last four-lane segment of south US 41 two years earlier than
scheduled. (#20030716-Transportation) |
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ACTION
REQUESTED: Approve Change Order No. 2 with Florida State
Underground, Inc. under Contract #2368 (BO2-33) Cypress Lake Drive
Improvements, in the amount of $219,013.85 for a revised total Contract
amount of $2,355,635.72. WHY ACTION
IS NECESSARY: Change Orders over $50,000 require Board approval. WHAT ACTION
ACCOMPLISHES: Compensates Contractor for signalization work
requested by County.
(#20030741-Transportation) |
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ACTION
REQUESTED: Award B-03-12 COUNTY-WIDE MINOR PAVING &
DRAINAGE, CONTRACT NO.2, for the Department of Transportation, to the six (6)
lowest responsive, responsible bidders meeting all bidding requirements: Cougar Contracting Specialties, Inc.,
Better Roads, Inc., APAC-Southeast, Stevens & Layton, Inc. Gulf Paving Company, Inc., Ajax Paving
Industries, Inc.; based on individual unit prices multiplied by the Estimated
quantity, for a total not-to-exceed annual contract amount of $1,700,000.00,
with an annual contract period of one (1) year. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Will provide the Department of Transportation,
Parks & Recreation and Natural Resources with the availability of having
six (6) contractors to perform intersection improvements, drainage
improvements and general roadway improvements on an as-needed basis for a one
year period without going through the formal bid process each time. (#20030757-Transportation) |
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10. |
UTILITIES
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ACTION REQUESTED: Approve construction of a water distribution and a
gravity collection system to serving Laguna
Lakes, Pod ‘A’ – Tract ‘F’.
This is a Developer contributed asset project located on the southeast
corner of Gladiolus Drive and Bass Road. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this phase of the proposed 236-unit
multi-family residential development. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual.
(#20030725-Utilities) |
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ACTION REQUESTED: Approve construction of a gravity main extension,
serving Shoppes at Fiddlesticks access
road extension. This is a Developer contributed asset and the project is
located on the south side of Daniels Parkway approximately 700 feet west of
Fiddlesticks Boulevard. WHY ACTION IS NECESSARY: To provide sanitary sewer service to this proposed
commercial development. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual.
(#20030694-Utilities) |
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ACTION REQUESTED: Approve construction of a water distribution and
gravity collection system serving Rail’s End Estates. This is a Developer contributed
asset and the project is located at the northwest corner of McGregor Blvd and
Shaddelee Lane. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to the proposed residential development. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual.
(#20030726-Utilities) |
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ACTION REQUESTED: Approve construction of a water distribution and
gravity collection system serving Deer Lake - Phase 2. This is a Developer
contributed asset and the project is located approximately ¼ mile west of Six
Mile Cypress / Ben C. Pratt parkway and ¼ mile north of Penzance Boulevard. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to the proposed residential development. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual.
(#20030728-Utilities) |
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ACTION
REQUESTED: Approve award of Formal Quotation Q-030482, for a
replacement Carbon Odor Control System for the Fort Myers Beach Waste Water
Treatment Plant, to the low quoter meeting all specifications requirements,
Bay Products, Inc., in the amount of $63,050.00. Also approve Budget Transfer of $63,050 from FCWC-Fort Myers
Beach Reserves to the Odor Control System-Fort Myers Beach Wastewater
Treatment Plant project and amend FY 02/03-06/07 CIP accordingly. WHY ACTION
IS NECESSARY: Board approval is required. WHAT ACTION
ACCOMPLISHES: Provides delivery of a new carbon vessel and
activated carbon to the wastewater plant for subsequent installation by Lee
County Utilities. (#20030699-Utilities) |
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ACTION
REQUESTED: Concur with the ranking of Consultants by the
Competitive Negotiations Committee for CN-03-10 LEE COUNTY UTILITIES WATER
AND SEWER ENGINEER OF RECORD, in the following order of ranking, authorize
contract negotiations to commence with the number one ranked firm: (1)
Malcolm Pirnie; (2) TKW Consulting Engineers, Inc.; and (3) Hartman &
Associates, Inc. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: This project involves the Consultant providing
professional engineering services for physical inspection of facilities,
review operations for conformance to regulations, review insurance
requirements, and evaluate rate and charges with Bond Covenants as necessary
to prepare an annual report with evaluation and recommendations for the Lee
County Utilities Water and Sewer Engineer of Record. (#20030775-Utilities) |
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11. |
PARKS AND RECREATION |
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ACTION
REQUESTED: Request Board approve and execute amended lease
agreement between the “Island School” and the Lee County Board of County
Commissioners providing for the continued use of the Boca Grande Community
Center. WHY ACTION
IS NECESSARY: Board approval is required for agreements. WHAT ACTION
ACCOMPLISHES: Allows for the “Island School” to continue using a
portion of the Boca Grande Community Center temporarily until the permanent
school has been constructed.
(#20030779-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). (#20030774-Clerk of
Courts) |
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ACTION REQUESTED: Approve issuance of purchase order in the amount of $227,550.00 to the Lee County Property Appraiser for postage and expenses of the “Notice of Proposed Property Taxes” mailing and approve transfer from general fund reserve in the amount of $227,550.00. WHY ACTION IS NECESSARY: Pursuant to FS 200.069, the funding is required for printing and mailing of the “Notices of Proposed Property Taxes”. WHAT ACTION ACCOMPLISHES: Provides the funding for mailing of “Notices of Proposed Property Taxes”. (#20030770-Property Appraiser) |
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July
8, 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: Approve the list of “Major Issues” which will be
used during the 2004 Evaluation and Appraisal of the Comprehensive Plan, the
Lee Plan. WHY ACTION
IS NECESSARY: The Evaluation and Appraisal Report is a state
mandated review of the local comprehensive plan. This statutory process requires the identification of “Major
Issues” that will be used to evaluate the effectiveness Lee Plan. WHAT ACTION
ACCOMPLISHES: Approval of the list establishes the framework for
staff’s evaluation and appraisal of the Lee Plan. The approved list will be sent to the Department of Community
Affairs (DCA) for their concurrence.
(#20030778-Planning) |
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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: Schedule a Public Hearing on the Revised Toll
Structure for August 12, 2003. WHY ACTION
IS NECESSARY: Revisions to Lee County Tolls requires a public
hearing. WHAT ACTION
ACCOMPLISHES: Allows County staff to proceed with advertising
the public hearing and places the item on the August 12th agenda
for public hearings.
(#20030761-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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PUBLIC AGENDA
July 8, 2003
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5:00
PM |
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Public
Hearing |
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ACTION REQUESTED: Adopt a resolution to vacate a portion of a
drainage easement located at 6636 Kestral Circle, Fort Myers, Florida. (Case
No. VAC2003-00010) WHY ACTION IS NECESSARY: To construct a Swimming Pool in the rear of the
lot. The vacation of the drainage
easement will not alter existing utilities or drainage. WHAT THE ACTION ACCOMPLISHES: Vacates the easement. (S18-T45-R25) (#2) (#20030758-Development Services) |
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Public
Hearing |
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ACTION REQUESTED: Adopt a resolution to Vacate a Public Utility
Easement located at 2379 Dover Avenue, Fort Myers Villas subdivision
(VAC2003-00025). WHY ACTION IS NECESSARY: To rectify a pool encroachment that has been in
place over twenty years and through several different property owners. The
vacation of the public utility easement will not alter existing utilities and
the easement is not necessary to accommodate any future utility requirement. WHAT THE ACTION ACCOMPLISHES: Vacates the easement. (S13-T45S-R24)
(#2) (#20030752-Development Services) |
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Public
Hearing |
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ACTION
REQUESTED: Request Board conduct a Public Hearing and approve
a Resolution to establish the Solid Waste Collection and Disposal Program
Special Assessments, rates and charges for tax year 2003 (FY 03-04); approve
the proposed Resolution setting the annual special assessments and fees for
the 2003 tax year, and direct the special assessments to be placed onto the
Lee County tax bill for collection by the Lee County Tax Collector per
Section 197.3632, Florida Statutes, for the 2003 tax year and each year
thereafter by the terms of the Resolution. WHY ACTION
IS NECESSARY: Lee County Ordinances Nos. 00-20 and 95-20, both
as amended, require that the annual Solid Waste Collection and Disposal
Special Assessments, rates and fees be adopted on or before July 30th of each
year. To meet this requirement, the
Board is being requested to set the rates and charges, and direct the special
assessments to be placed onto the Lee county tax bill for 2003 and each year
thereafter by the terms of the Resolution. WHAT ACTION
ACCOMPLISHES: Complies with the requirements of Lee County
Ordinance Nos. 00-20 and 95-20, both as amended, establishes the annual
special assessments, rates and fees for the Mandatory Solid Waste Collection
and Disposal Program, and directs the placement of the solid waste
assessments onto the Lee County tax bill for collection by the Lee County Tax
Collector per Section 197.3632, Florida Statutes, for the 2003 tax year. (#20030696-Solid Waste) |
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5:05PM |
Public
Presentation of Matters by Citizens |
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Adjourn |
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