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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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January 7, 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: |
Reverend
Kinnus Paul |
Church
of God in Christ |
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Pledge
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Presentation: |
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(George
Williams-#20021414) |
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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 Public Hearing |
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January
7, 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: Accept the Concurrency Management Inventory and
Projections 2001/2002 - 2002/2003. WHY
ACTION IS NECESSARY: The inventory must be reviewed and approved by the
Board of County Commissioners (Land Development Code Chapter 2). WHAT
ACTION ACCOMPLISHES: Makes Annual Report available to the public in a
published form. (#20021439-Development Services) |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Approve the purchase of Parcel 202, in Section17,
Township 43 South, Range 23 East, located at 4325 Burnt Store Road N in North
Fort Myers, for the Conservation 2020 Land Acquisition Program, Project No.
8800, in the amount of $72,500.00, pursuant to the terms and conditions as
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 fees and 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 one of the properties
recommended by the Conservation Land Acquisition and Stewardship Advisory
Committee and approved for acquisition on Blue Sheet No. 20020909 for
Conservation 2020 Program.
(#20021435-County Lands) |
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ACTION REQUESTED: Approve the purchase of
Parcel 121, in Sections 22 & 23, Township 45 South, Range 22 East, located
at 5625 Stringfellow Road (SR 767) Pine Island, for the Conservation 2020
Land Acquisition Program, Project No. 8800, in the amount of $2,829,000.00,
pursuant to the terms and conditions as 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 fees and 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 one of the properties
recommended by the Conservation Land Acquisition and Stewardship Advisory
Committee and approved for acquisition on Blue Sheet No. 19991314 for
Conservation 2020 Program.
(#20021437-County Lands) |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: Approve award of the following Projects: EX030162,
the purchase of three (3) new International cab and chassis trucks from
International Truck and Engine Corporation, at the Florida State Contract
base price with contract options of $38,550.00 each – total for three (3)
trucks: $115,650.00; and W-030163,
the purchase and installation of three (3) Conibear sand spreader box bodies
from the Conibear Equipment Company at a price of $27,488.00 each – total for
three (3) spreader box bodies: $82,464.00. Grand total for three (3) complete trucks,
which are for use by the Lee County Department of Transportation, is
$198,114.00. A waiver has been
requested because the Conibear Equipment Company is the sole source
distributor for these spreader box bodies. WHY ACTION
IS NECESSARY: Section 11.0.3.1 of the Lee County Purchasing and
Payment Procedures Manual exempts “the purchase of equipment that has gone
through the Administrative Code Procedure, such as State Contracts or Federal
General Services Administration Schedules, providing the purchase, rental, or
lease amount does not exceed $50,000.00”.
As this expenditure will exceed $50,000.00, Board approval is
required. WHAT ACTION
ACCOMPLISHES: This purchase allows Lee County DOT to update its
aging spreader box fleet; trucks that are used for road maintenance and
hazardous waste spills. The three (3)
units are replacements for equipment #019267, #019484, and #019543; all of
which have met Fleet Management’s replacement criteria. (#20021395-Transportation) |
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10. |
UTILITIES |
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11. |
PARKS AND RECREATION |
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ACTION
REQUESTED: Give direction to the Island School that they must
find an alternate site at the completion of the Lease for the Boca Grande
Community Center at the end of the 2002-2003 school year. WHY ACTION
IS NECESSARY: Lease agreement for use of the Boca Grande
Community Center expires at the end of the 2002-2003 school year. WHAT ACTION
ACCOMPLISHES: Directs Lee County staff to draft a letter to the
Island School notifying them that the Lease will terminate on the last day of
the 2002-2003 school year.
(#20021471-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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January
7, 2003
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1. |
COUNTY ADMINISTRATION |
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ACTION REQUESTED: Present to the Board for information and filing
the Object Code #504015 Expenditure Report for the fourth quarter of FY01-02
(July through September 2002). WHY ACTION IS NECESSARY: Lee County Ordinance #90-18. WHAT ACTION ACCOMPLISHES: Allows Board to monitor expenditures being made by
County Departments and Divisions to this object code. (#20021413-County Manager) |
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ACTION
REQUESTED: Request Board approve Budget Amendment Resolution
to allocate excess Fund Balance and Capital Grant Revenue for carryover
Capital Projects and Grants. Request
Board approve Transfer of Funds from reserves and authorize interfund
transfers. Request Board amend 02/03
– 06/07 Capital Improvement Program to reduce or increase Capital Projects. WHY ACTION
IS NECESSARY: Board of County Commissioners must approve Budget
Amendments and Transfers from reserves. WHAT ACTION
ACCOMPLISHES: Provides for unexpended funds budgeted to a
project in a fiscal year to be carried forward in the new fiscal year. (#20021385-Budget Services) |
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ACTION
REQUESTED: Approve transfer of funds from reserve in the
amount of $220,669.23 to the Economic Development office for the Industrial
Development Authority (IDA) to administer the Lee County Job Opportunity
Program for companies approved to date.
(GENERAL FUND ECONOMIC INCENTIVE RESERVE). WHY ACTION
IS NECESSARY: To comply with the approved county inducement
program. WHAT ACTION
ACCOMPLISHES: Provides the IDA with funds to reimburse the
companies up to the awarded amount.
(#20021415-Economic Development) |
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ACTION
REQUESTED: Approve and authorize Chairman to execute the
interlocal agreements between Lee County and the Florida Department of
Environmental Protection, Division of Recreation and Parks, Cayo Costa State
Park and Gasparilla Island State Park. WHY ACTION
IS NECESSARY: The Board of County Commissioner must approve all
agreements. WHAT ACTION
ACCOMPLISHES: Provides a mechanism for reimbursement of Tourist
Development Council approved projects utilizing the TDC beach and shoreline
funds. (#20021456-VCB) |
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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: Authorize the expenditure of $76,007.70 in four
quarterly payments for the county's Fiscal Year 2002-2003 membership
assessment in the Southwest Florida Regional Planning Council. WHY ACTION IS NECESSARY: Florida Administrative Code, Section 29I-1.004
mandates Lee County's participation in the Southwest Florida Regional
Planning Council. WHAT THE ACTION ACCOMPLISHES: Compliance with mandate in FAC, Section
29I-1.004. (#20021432-Planning) |
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5. |
HUMAN SERVICES |
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ACTION
REQUESTED: Authorize the department to contract with Lifeline
Family Center, Inc, in the amount of $20,302.43 for services from October 1,
2002 – September 30, 2003 in accordance with Florida Statute 320.08058 Choose
Life License Plates. Authorize the
Chairman to sign the contract once complete. WHY ACTION
IS NECESSARY: Complies with Florida Statute 320.08058 to provide
funds which will meet the material needs of pregnant women who are committed
to placing their child for adoption and other eligible adoption related
expenses. WHAT ACTION
ACCOMPLISHES: Provides funds collected from the Choose Life
License Plates to a qualifying not-for-profit agency. (#20021463-Human Services) |
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ACTION
REQUESTED: Approve Program
Amendments to Lee County's HUD CDBG Program for HUD Fiscal Year 1995,
1996, 1999, 2000, 2001,and 2002 activities and authorize the Chairman to sign
the HUD Transmittal Letter and sub recipient contracts if any. WHY ACTION IS
NECESSARY: HUD regulations and the County Administrative Code
15-2 require Board approval for significant HUD CDBG Program amendments WHAT ACTION
ACCOMPLISHES: Allows for reallocation of funds to prioritized
activities. (#20021479-Human
Services) |
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6. |
INDEPENDENT |
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ACTION REQUESTED: Accept Parcels 100, 103, 104, 108, 127, 128, 130,
132, 148 and 150, 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. (#20021404-County Lands) |
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ACTION
REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $6,000.00, for Parcel 137,
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. (#20021417-County Lands) |
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ACTION
REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $6,000.00, for Parcel 138,
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. (#20021418-County Lands) |
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ACTION
REQUESTED: Authorize the Division of County Lands to make a binding offer to property owner in the amount of $1,900.00, for Parcel 161, 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. (#20021419-County Lands) |
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ACTION
REQUESTED: Authorize the Division of County Lands to make a binding offer to property owner in the amount of $2,000.00, for Parcel 162, 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. (#20021420-County Lands) |
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ACTION
REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $5,500.00, for Parcel 139,
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. (#20021421-County Lands) |
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ACTION REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $4,500.00, for Parcel 163,
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. (#20021422-County Lands) |
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ACTION REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $2,700.00, for Parcel 150,
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. (#20021423-County Lands) |
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ACTION REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $4,800.00, for Parcel 151,
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. (#20021424-County Lands) |
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ACTION REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $2,300.00, for Parcel 152,
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. (#20021425-County Lands) |
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ACTION
REQUESTED: Authorize Chairman to execute attached Joint
Participation Agreement and resolution with the Florida Department of
Transportation for the Commuter Assistance Program. WHY ACTION
IS NECESSARY: Entering into a Joint Participation Agreement is
required to receive the grant funds. WHAT ACTION
ACCOMPLISHES: Provides up to $235,000 in matching funding
assistance for the Commuter Assistance Program for FY 2003-2006. (#20021464-Transit) |
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ACTION REQUESTED: Accept Parcels 106, 109, 115, 118, 122, 129, 131,
133, 140 and 143, 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. (#20021465-County Lands) |
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ACTION
REQUESTED: Approve the acquisition of Parcels 400 & 401,
Livingston/Imperial Connection Project No. 4056, pursuant to the terms and
conditions set forth in the Agreement for Purchase and Sale of Real Estate in
Lieu of Condemnation Proceedings; 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 at a future date. (#20021469-County Lands) |
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ACTION REQUESTED: Accept by donation, Parcels 17, 18, 19 and 20 for
right-of-way necessary for the Charlee Road Special Improvements MSBU for
paving and maintenance of the existing road; authorize the Division of County
Lands to handle and accept all documentation necessary; authorize payment of
recording fees. WHY ACTION IS NECESSARY: Charlee Road is currently a privately owned road
and the County cannot initiate paving and maintenance without a fee interest. WHAT ACTION ACCOMPLISHES: Acquisition of right-of-way via Quit-Claim Deed by
donation from benefited property owner.
(#20021472-County Lands) |
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ACTION REQUESTED: Approve the purchase of Parcel 151, Drainage
Easement, a 187 square foot parcel, in the amount of $600.00, Pondella Road
Widening, from east of McNeill Road to Del Pine Drive, Project No. 4656,
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 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 at a future
date. (#20021478-County Lands) |
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ACTION REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $25,000.00 for Parcel 263,
Alico Road Widening, from east of I-75 to east of Old US 41, Project No.
4030, pursuant to the terms and conditions set forth in the Purchase
Agreement; authorize Chairman on behalf of the BOCC to execute Purchase
Agreement if offer is accepted by Seller; authorize the Division of County
Lands to handle and accept all documentation necessary to complete this
transaction and payment of all recording fees. WHY
ACTION IS NECESSARY: The Board must formally authorize the making of a
binding offer to a property owner pursuant to F.S. §73.015 prior to
initiation of condemnation proceedings. WHAT
ACTION ACCOMPLISHES: Makes binding offer to property owner as required
by F.S. §73.015, as amended. (#20021451-County
Lands) |
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ACTION REQUESTED: Authorize the Division of County Lands to make a binding offer to property owner in the amount of $1,500.00 for Parcel 102 and $700.00 for Parcel 102A, Alico Road Widening, from east of I-75 to east of Old US 41, Project No. 4030, pursuant to the terms and conditions set forth in the Purchase Agreement; authorize Chairman on behalf of the BOCC to execute Purchase Agreement if offer is accepted by Seller; authorize the Division of County Lands to handle and accept all documentation necessary to complete this transaction and payment of all recording fees. WHY ACTION
IS NECESSARY: The Board must formally authorize the making of a
binding offer to a property owner pursuant to F.S. §73.015 prior to
initiation of condemnation proceedings. WHAT ACTION
ACCOMPLISHES: Makes binding offer to property owner as required
by F.S. §73.015, as amended.
(#20021483-County Lands) |
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7. |
PUBLIC SAFETY |
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ACTION REQUESTED: Authorize acceptance of a Subgrant Agreement with the State of Florida, Department of Community Affairs to improve disaster response capabilities of local governments and to participate in the State and Local Domestic Prep | ||||