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 |
Donald D. Stilwell, County Manager |
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James
G. Yaeger, County Attorney |
September 30, 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
AM |
Invocation: |
Pastor
Robert DeKlavon |
Fort
Myers Evangelical Church |
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Pledge
of Allegiance |
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Presentations: |
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(Commissioner
Judah-#20031115) |
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Presentation
by Roger and Kathy Sherman, Christian Soccer League |
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(Commissioner
Albion-#20031116) |
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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 |
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September
30, 2003
1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Approve budget transfer in the amount of $40,000
from Tourist Tax Debt Service Reserves to Visitor and Convention Bureau
operating fund; adopt budget amendment resolution in the same amount
accepting unanticipated revenue from reserves. WHY ACTION
IS NECESSARY: The Board of County Commissioner must approve all
transfers and budget amendment resolutions. WHAT ACTION
ACCOMPLISHES: Transfers funds from reserves to cover the cost of
relocating the visitor services office and the purchase of two portable
booths. (#20031039-VCB) |
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ACTION
REQUESTED: Adopt FY 03-04 Board of County Commissioners Goals
and County Manager Objectives. WHY ACTION
IS NECESSARY: Provides focus to County operations, funding and
services. WHAT ACTION
ACCOMPLISHES: Establishes Fiscal Year 2003-04 Goals and
Objectives. (#20031129-County
Manager) |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION
REQUESTED: WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Provide construction management
services for the construction of the Estero Community Park located on
Corkscrew Road, Estero, Florida.
Services to include assisting in finalization of Master Plan, design
support services, cost estimates, bidding and construction management. (#20031092-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 40-foot wide drainage easement located along
the rear of 17100 Phlox Drive, Fort Myers, Florida, and adopt a resolution
setting a Public Hearing for 5:00 p.m. on the 28th day of October
2003. (Case No. VAC2003-00033) WHY ACTION
IS NECESSARY: In order to fulfill a requirement of a settlement
agreement between Lee County and the property owners to allow parking in this
easement area as a result of right-of-way taken by Lee County for Alico
Road. The vacation of this easement will not alter existing drainage or
utility conditions and the easement is not necessary to accommodate any
future drainage and utility requirements. WHAT ACTION
ACCOMPLISHES: Sets the time and date of the Public Hearing. (#20030928-Development Services) |
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ACTION
REQUESTED: Accept a petition to vacate a 12-foot wide
Drainage and Public Utility Easement located at 829 Portland St. E, Lehigh
Acres, Florida, and adopt a resolution, setting a Public Hearing for 5:00
p.m. on the 28th day of October 2003. (Case No. VAC2003-00048) WHY ACTION
IS NECESSARY: To build a single-family residence on the combined
lots. The vacation of this easement will not alter existing drainage and/or
utility conditions and the easement is not necessary to accommodate any
future drainage and/or utility requirements. WHAT ACTION
ACCOMPLISHES: Sets the time and date of the Public Hearing. (#20030970-Development Services) |
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ACTION
REQUESTED: Accept a Petition to Vacate a 12-foot wide
Drainage and Public Utility Easement located at 1044 Belmont Street East,
Lehigh Acres, Florida, and adopt a resolution, setting a Public Hearing for
5:00 PM on the 28th day of October 2003. (Case No. VAC2003-00057) WHY ACTION
IS NECESSARY: To build a single-family residence on the combined
lots. The vacation of this easement will not alter existing drainage and
utility conditions and the easement is not necessary to accommodate any
future drainage and utility requirements. WHAT ACTION
ACCOMPLISHES: Sets the time and date of the Public Hearing. (#20031094-Development Services) |
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ACTION
REQUESTED: Execute grant award agreement between Habitat for
Humanity of Lee County and Lee County for $10,000 in SHIP (State Housing
Initiatives Partnership) funds to be expended by June 30, 2004 for the
construction of one new single-family home for a low-income household in the
Dunbar area. WHY ACTION
IS NECESSARY: $10,000 in unexpended SHIP funds were identified
in the process of closing out SHIP FY 2001/2002. Since the administrative expenditures for that year have been
covered, staff is recommending the $10,000 be used to finance new construction. WHAT THE
ACTION ACCOMPLISHES: Allows the use of funds
for the construction of one single-family house for a low-income household in
the Dunbar area. (#20031084-Planning) |
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ACTION
REQUESTED: Accept a Petition to Vacate a 12-foot wide
Drainage and Public Utility Easement located at 1908 Westboro Loop, Lehigh
Acres, Florida, and adopt a resolution, setting a Public Hearing for 5:00 PM
on the 28th day of October 2003.
(Case No. VAC2003-00049) WHY ACTION
IS NECESSARY: To build a single-family residence on the combined
lots. The vacation of this easement will not alter existing drainage and
utility conditions and the easement is not necessary to accommodate any
future drainage and utility requirements. WHAT ACTION
ACCOMPLISHES: Sets the time and date of the Public Hearing. (#20031097-Development Services) |
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ACTION
REQUESTED: Execute amendment to affordable housing contract
with the Bonita Springs Housing Development Corporation (BSHDC) for minor
changes in the scope of work and completion date. WHY ACTION
IS NECESSARY: Extends the contract completion due to delays in
obtaining permits from the Lee County Health Department and increases the
number of dwelling units to be produced from 8 to 9 in contract C-2389. WHAT ACTION
ACCOMPLISHES: Ensures the timely expenditure of funds and
completion of this project.
(#20031102-Planning) |
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5. |
HUMAN SERVICES |
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ACTION REQUESTED: Approve and execute contracts with the Department
of Community Affairs, (DCA) and the Budget Resolution for the Weatherization Assistance
Program, (WAP), the Low-Income Energy Assistance Program, (WAP/LIHEAP), and
the Low-Income Emergency Home Repair Program, (LEHRP) to establish funding
for the Weatherization Programs for
Fiscal year 2004. WHY ACTION IS NECESSARY: DCA requires agreements to provide funding. WHAT ACTION ACCOMPLISHES: Allows the Department of Human Services to accept
$139,882 for the weatherization of homes in Lee County. (#20031126-Human Services) |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Award Service Provider Agreement for CN-03-09
Employee Insurance Benefits Consultant and Actuarial Auditor to Aon
Consulting, Inc., for an amount not-to-exceed $330,000.00. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Provides a consultant that will perform any and
all services for the Employee Benefits Consultant and Actuarial Auditor. (#20031068-Human Resources) |
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ACTION
REQUESTED: Approve award of Project #Q-030713, COPY PAPERS
AND FINE PAPERS, (COUNTYWIDE ANNUAL), for all Departments/Divisions to the
low quoter meeting all specifications requirements, Mac Papers, Inc. Also, request authority to renew this
contract for four additional one-year periods, upon mutual agreement under
the same terms and conditions if in the best interest of Lee County. WHY ACTION
IS NECESSARY: Board approval is required. WHAT ACTION
ACCOMPLISHES: Provides an estimated savings to taxpayers of
$34,000.00 for this commodity.
(#20031087-Purchasing) |
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7. |
PUBLIC SAFETY |
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ACTION
REQUESTED: Approve the automatic renewal of the Agreement for
Support Services, Maintenance Agreement, Contract No. 1622 with Printrak
International Inc. for the Public Safety Computer Aided Dispatch (CAD)
Records Management System, in the amount of $136,161.00 for a period of one
(1) year, effective October 1, 2003 - September 30, 2004. WHY ACTION
IS NECESSARY: Board approval is required. WHAT ACTION
ACCOMPLISHES: Provides the Public Safety Division continued
maintenance services for the computer aided dispatch (CAD) Records Management
System. (#20031103-Communications) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION
REQUESTED: Execute Interlocal Agreement between Lee County
and the City of Bonita Springs regarding services provided by the Lee County
Division of Natural Resources, Surface Water Program for $100,332.00 for
Fiscal Year 2003/2004. WHY ACTION
IS NECESSARY: Formalizes the continuation of Lee County Division
of Natural Resources services to the City of Bonita Springs. WHAT ACTION
ACCOMPLISHES: Provides Surface Water Program services to the
City of Bonita Springs.
(#20031089-Natural Resources) |
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ACTION REQUESTED: Approve Change Orders Nos. 5 and 6 with Lodge
Construction (Cont. # 2370) to add $193,187.12 and $94,698.02 respectively
back to this construction management contract for the SW transfer station and
allow Lodge Construction to purchase materials rather than the County. (Note:
Does not affect the existing approved Guaranteed Maximum Price). WHY ACTION IS NECESSARY: Contract change greater than $50,000.00. WHAT ACTION ACCOMPLISHES: Allows contractor to expeditiously purchase fill
dirt, asphalt, etc. for construction.
(#20031117-Solid Waste) |
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ACTION
REQUESTED: Adopt Resolution requesting funding for Fiscal
Year 2004-2005 from the State of Florida Department of Environmental
Protection Beach Erosion Control Program. WHY ACTION
IS NECESSARY: Resolution required along with the Lee County Long
Range Beach Erosion Control Budget Plan to obtain State cost share
eligibility. WHAT ACTION
ACCOMPLISHES: Enables
the County to qualify for State assistance for beach erosion control
projects. (#20031121-Natural
Resources) |
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ACTION REQUESTED: Approve Change Order No. 5 to the Solid Waste
Franchise Hauling Contract with Florida Recycling Services, Inc. (Lee
Contract No. 1383) providing for additional collection fees to be charged for
the collection of solid waste and recycling material from residential
customers on Captiva Island and to extend the term of the franchise
collection services from October 1, 2003 to September 30, 2005. WHY ACTION IS NECESSARY: Board approval required for significant changes to
the franchise solid waste collection contracts. WHAT ACTION ACCOMPLISHES: Authorizes Florida Recycling, Inc. to continue to
provide residential and commercial solid waste collection services on Captiva
for two additional years. Allows for
an increase in the service fees for residential customers. (#20031131-Solid Waste) |
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9. |
TRANSPORTATION |
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10. |
UTILITIES |
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ACTION REQUESTED: Approve final acceptance by Resolution, as a
donation of water distribution and a gravity collection system serving West Bay Club, Turtle Pointe Cove. This is a developer contributed asset
project located on the north side of Williams Road approximately ¼ mile west
of South Tamiami Trail. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this phase of the residential development. WHAT ACTION ACCOMPLISHES: Places the water and sewer systems into operation
and complies with the Lee County Utilities Operations Manual. (#20031090-Utilities) |
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ACTION REQUESTED: Approve construction of a water main extension and
gravity collection system extension serving Miromar Golf Clubhouse.
This Developer contributed asset and the project is located on the west side
of Ben Hill Griffin Boulevard approximately 1-1/2 miles south of Alico road. WHY ACTION IS NECESSARY: To provide potable water service, fire protection,
and sanitary sewer service to the proposed Clubhouse. WHAT ACTION ACCOMPLISHES: Complies with the Lee County Utilities line
extension policy and provides adequate water and sanitary sewer
infrastructure to support development of the subject property. (#20031091-Utilities) |
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11. |
PARKS AND RECREATION |
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ACTION
REQUESTED: Request Board approve and execute an amended
interlocal agreement between the Town of Fort Myers Beach and the Lee County
Board of County Commissioners regarding their respective duties and
responsibilities relating to the operation, management, and programming of
the Lee County Bay Oaks Recreation Center and Community Park. WHY ACTION
IS NECESSARY: Interlocal agreements require Board approval. WHAT ACTION
ACCOMPLISHES: Outlines the duties and responsibilities for both
the Town and the County with regards to the operation, management, and
programming of the Lee County Bay Oaks Recreation Center and Community
Park. (#20031108-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). (#20031113-Clerk of
Courts) |
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ACTION REQUESTED: Present financial report
for information purposes. WHY ACTION IS NECESSARY: To provide interim reporting on selected funds and revenues of the Lee County Board of County Commissioners. Also included, in compliance with Florida Statute 218.415, Local Government Investment Policies, is the stated and fair market value of the investments managed by the Clerk’s Office. WHAT ACTION ACCOMPLISHES: The purpose of this report is to convey to you the
financial status of selected significant funds of the Lee County Board of
County Commissioners and the status of specific revenues as of the stated
dates and the market value of the investments managed by the Clerk’s Office
on behalf of the Board. (#20031114-Clerk
of Courts) |
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ACTION
REQUESTED: Extend tax roll for mailing and collection. WHY ACTION
IS NECESSARY: To provide revenue collection for taxing
authorities while Value Adjustment hearings are being held. WHAT ACTION
ACCOMPLISHES: Allows Tax Collector to mail tax notices prior to
the conclusion of the VAB hearings.
(#20031118-Tax Collector. |
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ACTION REQUESTED: Approve payment of
delinquent tax overbid claim-ElDorado. 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.
(#20031128-Clerk of Courts) |
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ACTION REQUESTED: Approve payment of
delinquent tax overbid claim-Villa-Fajardo. 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.
(#20031130-Clerk of Courts) |
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September
30, 2003
1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Authorize Chairman to sign document selecting
SunTrust Bank for a Term Loan-Assessment Program of $5,000,000 for a three
year period that will be used to provide permanent financing for MSBU
Projects and authorize execution of master loan agreement. WHY ACTION
IS NECESSARY: Allows the continuation of a Long Term Debt
Financing for MSBU Projects without pledging the Non-Ad Valorem Debt Capacity
of the County. WHAT ACTION
ACCOMPLISHES: Provides Private Placement Financing for MSBU
Projects. (#20031005-Budget Services) |
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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: Adopt a resolution to amend zoning and development
review fees. WHY ACTION IS NECESSARY: Board action is required to establish or amend
fees for Community Development (AC 3-10, External Fees and Charges Manual). WHAT ACTION ACCOMPLISHES: Allows County to recover part of the cost of
review and processing applications. (#20031075-Community
Development) |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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9. |
TRANSPORTATION |
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10. |
UTILITIES |
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11. |
PARKS AND RECREATION |
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ACTION
REQUESTED: Authorize transfer in the amount of $969,230 from
Regional Park Impact Fee Reserves and amend FY 02/03 – 06/07 CIP with the
establishment of the Newton Estates Project.
Authorize payment of $969,230 to the Town of Ft. Myers Beach for
purchase of the Newton Property.
Approve Interlocal Agreement with Town of Fort Myers Beach for Newton
property. WHY ACTION
IS NECESSARY: Board approval is required for amendments to CIP. WHAT ACTION
ACCOMPLISHES: Approval allows the Town of Fort Myers Beach to
acquire the Newton Beach parcel for public recreational use. (#20031122-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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September
30, 2003
CONTINUATION OF ADMINISTRATIVE AGENDA
ACTION REQUESTED: Deny appeal of an administrative interpretation of
the Lee Plan under the single-family residence provision filed by Billie
Adcock on behalf of Kathyrn VanDeMortel. WHY ACTION IS NECESSARY: To take action concerning an appeal of a denial
for a favorable administrative determination of the Lee Plan under the
single-family residence provision. WHAT ACTION ACCOMPLISHES: The Board will uphold the determination that the
property owner is entitled to construct one single-family residence on the
subject parcel after sufficient access to the property is established in
accordance with applicable County regulations. (#20031072-County Attorney) |
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ACTION REQUESTED: Deny appeal of an administrative interpretation of
the Lee Plan under the single-family residence provision filed by Matthew
Uhle on behalf of Suzanne Meyer. WHY ACTION IS NECESSARY: To take action concerning an appeal of a denial
for a favorable administrative determination of the Lee Plan under the
single-family residence provision. WHAT ACTION ACCOMPLISHES: The Board will uphold the determination that the
property owner is entitled to construct one single-family residence on the
subject parcel after sufficient access to the property is established in
accordance with applicable County regulations. (#20031073-County Attorney) |