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BOOK - 2000R - B.O.C.C.------------------------------------
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SEPTEMBER 26, 2000
The
Regular Meeting
of the
was held this date with the following
Commissioners present:
The Chairman called the meeting to order at 9:35 a.m. The Invocation was given by Reverend Brian
ANNOUNCEMENTS
Referring to the Agenda Revision
Recap Sheet
dated September 26, 2000, the Chairman announced
that:
For Consent Agenda Item 4(a), add the following language to "Action Requested" section: Approve
one (1) Code Enforcement Officer position to be funded by the Interlocal Agreement; and approve Budget
Amendment Resolution for FY00-01 in the amount of $404,000.00 for the services provided to the City of Bonita
Springs.
For Consent Agenda Item 8(c), in the "What the Action Accomplishes" section, the year in the date
should be 2004, not 1994.
For Administrative Agenda Item 11(d), in the "What the Action Accomplishes" section, the parcel
number should be 1545, not 1544.
For Administrative Agenda Item 17(a), in the Blue Sheet Background section, the third paragraph, the
second sentence should read: "The Sellers at Buyers' expense, are to provide title insurance, and the Sellers are to pay
documentary stamps."
Agenda.
Six (6) Walk-On Items will be heard following consideration of the Consent and Administrative
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (CA) and Administrative (AA)
AA17(a) - The following three (3) persons spoke in support of the purchase:
Attorney
A11(a) - Attorney
of the law firm of Pavese, Haverfield, et al., representing the
owner of the property, requested the easement be released
WO#6 - The following three (3) persons reviewed the
handout
presented (copy is on file in the Minutes
Office) and spoke in favor of the access request; and stated that plans show there is to be direct access
to the subdivision from Daniels Road:
owner of property at Sabal Ridge Subdivision
owner of property at Sabal Ridge Subdivision
Attorney
of the law firm of Roetzel Andress, representing the
owners
WO#6 -
, representing Thrifty Rent-a-Car, located off of Daniels Road, stated that
when they purchased the property, they were promised direct access from
Daniels Parkway
The following are the Consent Agenda items that each Board member wished to have discussed:
Commissioner Coy - none
Commissioner Manning - none
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Commissioner St. Cerny - none
Commissioner Judah - 8(c)
Commissioner Albion - 7(b), 8(b)
CONSENT AGENDA
1. COUNTY MANAGER
(a)
ACTION REQUESTED:
Approve
transfer of funds
from reserves in the amount of $460,000.00, to Economic Development
office, for the Industrial Development Authority (IDA), to administer the Lee County Job Opportunity
Program for companies approved to date for fiscal year 99-00.
WHY ACTION IS NECESSARY:
To comply with the approved county inducement program.
WHAT THE ACTION ACCOMPLISHES:
Provides the IDA with funds to reimburse the companies up to the awarded amount. (
#20000944-
Economic Development)
Commissioner Judah moved approval, seconded by Commissioner Coy, called and carried.
(b)
ACTION REQUESTED:
entrance wall to the Palmetto Point Subdivision.
WHY ACTION IS NECESSARY:
Funds for specific purpose must receive approval of Board of County Commissioners.
WHAT THE ACTION ACCOMPLISHES:
Allows staff to accept and budget proceeds. (
#20000949-
MSTBU Services)
Commissioner Judah moved approval, seconded by Commissioner Coy, called and carried.
RESOLUTION NO. 00-09-51
(c)
ACTION REQUESTED:
Order the 2000 tax roll to be extended prior to completion of the Value Adjustment Board hearings, by
majority vote of the Board of County Commissioners.
WHY ACTION IS NECESSARY:
Pursuant to F.S. 197.323. Subsequent to the Value Adjustment Board hearings, the Tax Collector has
the authority to make adjustments & corrections authorized by the Value Adjustment Board. By this
action, the 2000 tax notices can be sent in a timely manner.
WHAT THE ACTION ACCOMPLISHES:
Allows the 2000 Tax Roll to be extended. (
#20000960-
Budget Operations)
Commissioner Judah moved approval, seconded by Commissioner Coy, called and carried.
(d)
ACTION REQUESTED:
Approve
interfund loans
for Transit and MSBU. The loans will be due September 30, 2001, unless
retired at an earlier date.
WHY ACTION IS NECESSARY:
Current interfund loans crossing fiscal years must be re-approved, and it extends the time funds can
accumulate cash to pay off the loans.
WHAT THE ACTION ACCOMPLISHES:
Provides funds for payment of invoices and meeting payroll until reimbursements are received
associated with the intermodal facility and other grants. (
#20000989-
Budget Operations)
Commissioner Judah moved approval, seconded by Commissioner Coy, called and carried.
2. PLANNING AND CONSTRUCTION
No requests received.
3. COUNTY COMMISSIONERS
No requests received.
4. COMMUNITY DEVELOPMENT
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(a)
ACTION REQUESTED:
Authorize the Chairman to execute an
for the
Approve one (1) Code Enforcement Officer position to be funded by the Interlocal Agreement;
and approve Budget Amendment Resolution for FY00-01 in the amount of $404,000.00 for the
WHY ACTION IS NECESSARY:
WHAT THE ACTION ACCOMPLISHES:
(
#20000898-
Community Development)
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
For Consent Agenda Item 4(a), add the following language to "Action Requested" section: Approve one (1) Code
Enforcement Officer position to be funded by the Interlocal Agreement; and approve Budget Amendment Resolution
Commissioner Judah moved approval, seconded by Commissioner Coy, called and carried.
RESOLUTION NO. 00-09-52
5. HUMAN SERVICES
(a)
ACTION REQUESTED:
Authorize Chairman to designate the Director of Human Services to sign as “Grantee Official” on all
and sign
letter
to notify HUD of this action.
WHY ACTION IS NECESSARY:
The new HUD Annual Progress Report form requires signature by the “Grantee Official”, as well as
the subrecipient.
WHAT THE ACTION ACCOMPLISHES:
Provides required reporting for all HUD federally funded projects. (
#20000958-
Human Services)
Commissioner Judah moved approval, seconded by Commissioner Coy, called and carried.
6. INDEPENDENT DIVISIONS
No requests received.
7. PUBLIC SERVICE DIVISIONS
(a)
ACTION REQUESTED:
Request approval to increase the existing purchase order with Comsis Mobility Services, dba Intelitran,
for ADA Paratransit Services, RFP-95-07 to $592,000.00. The trip rate of $9.75 per individual, and
$4.75 for group remains the same. Funds are available in this year's budget to accommodate this
request.
WHY ACTION IS NECESSARY:
The estimated annual expenditure for FY00 is $592,000.00, and exceeds 20% of the estimated annual
expenditure in 1995 of $420,000.00.
WHAT THE ACTION ACCOMPLISHES:
Allows an increase to the purchase order to pay the vendor for ADA transportation. (
#20000851-
Transit)
Commissioner Judah moved approval, seconded by Commissioner Coy, called and carried.
(b)
ACTION REQUESTED:
Approve the issuance of a
, for space on the Alico Tower
(Tower site #2).
WHY ACTION IS NECESSARY:
This license conveys the right to use the Alico Tower.
WHAT THE ACTION ACCOMPLISHES:
communication tower, so that it may provide personal telephonic communication opportunities to local
consumers through co-location. (
#20000952-
Public Safety)
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PULLED FOR DISCUSSION
Commissioner Albion inquired if it was acceptable to approve this item at 4% so that the paperwork and all signatures
can be accomplished at one time; Public Safety Director John Wilson and Assistant County Attorney David M. Owen
replied in the affirmative. Commissioner Albion requested the Board move this item, with the understanding that
there will be 4% per year cost increase to cover inflation. Commissioner Manning so moved, seconded by
Commissioner Coy. Mr. Wilson and Public Safety Deputy Director Michael Ridges responded to questions; noted
that Staff is not planning to use this tower for expanded radio communication, that this is a request by the vendor to
co-locate on the existing tower because of its location; explained that the unit is partially a ground-mounted unit;
reviewed the lease fees; and explained that the tower requires extra work that the vendor will undertake at his expense.
(c)
ACTION REQUESTED:
Authorize
WHY ACTION IS NECESSARY:
To be considered eligible for funds Florida Statutes, Chapter 257, require application by
October 01, 2000.
WHAT THE ACTION ACCOMPLISHES:
#20000963-
Library)
Commissioner Judah moved approval, seconded by Commissioner Coy, called and carried.
(d)
ACTION REQUESTED:
Approve a Budget Amendment Resolution for FY00, in the Transit Operations Fund #48600, in the
Corridor Route.
WHY ACTION IS NECESSARY:
The Board of County Commissioners must approve all budget amendments.
WHAT THE ACTION ACCOMPLISHES:
The additional budget allows for the timely payment for added fuel and related operating costs.
(
#20000964-
Transit)
Commissioner Judah moved approval, seconded by Commissioner Coy, called and carried.
RESOLUTION NO. 00-09-53
8. SOLID WASTE-NATURAL RESOURCES
(a)
ACTION REQUESTED:
Execute
Orr Road.
WHY ACTION IS NECESSARY:
Provides additional time to acquire necessary easements before bridge removal.
WHAT THE ACTION ACCOMPLISHES:
Extends contract period one year. (
#20000922-
Natural Resources)
Commissioner Judah moved approval, seconded by Commissioner Coy, called and carried.
(b)
ACTION REQUESTED:
Approve award of RFP-00-09, Household Hazardous Waste & Disposal Services, for the Department
of Environmental Services, Solid Waste Division, to
for
an estimated annual amount of $257,724.20, for a contract period of three (3) years, with the option to
renew for two (2) additional one (1) year periods. The annual costs indicated are an estimate. Actual
cost shall be based on the unit prices for hazardous waste & disposal services in accordance with the
contractor's proposal & the contract's requirements.
WHY ACTION IS NECESSARY:
services estimated to be over level-four authorization ($50,000.00) shall be executed through the
formal process.
WHAT THE ACTION ACCOMPLISHES:
services. (
#20000942-
Solid Waste)
PULLED FOR DISCUSSION
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Responding to questions from Commissioner Albion, Solid Waste Division Director Lindsey Sampson reviewed the
possible vendors to choose from within this category; explained the degree of specialization and liability involved
with hazardous waste and the need to meet the qualifications; and added that Staff is familiar with USL's work.
Discussion was held on the need for healthy competition. Commissioner Manning moved the item, seconded by
Commissioner Judah, called and carried.
(c)
ACTION REQUESTED:
Approve the
, for solid waste and recycling collection
WHY ACTION IS NECESSARY:
To continue current solid waste collection services in the Boca Grande area.
WHAT THE ACTION ACCOMPLISHES:
Extends the current franchise service agreement through September 30, 1994
2004
, and is consistent
#20000984-
Solid Waste)
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
For Consent Agenda Item 8(c), in the "What the Action Accomplishes" section, the year in the date should be 2004,
not 1994.
PULLED FOR DISCUSSION
Responding to questions from Commissioner Judah, Solid Waste Division Director Lindsey Sampson reviewed the
above correction. Commissioner Judah moved the item, seconded by Commissioner Manning, called and carried.
9. TRANSPORTATION
(a)
ACTION REQUESTED:
Approve a
for the Leeland Heights Improvement Project. Also, approve
$327,360.00, for unanticipated revenues from Florida Water Service Corporation, and expenditures for
the Leeland Heights Project. Amend FY99/00-03/04 Capital Improvement Program (CIP).
WHY ACTION IS NECESSARY:
This agreement will permit the County’s contractor to construct the Florida Water Service Utility lines
along Leeland Heights. This will eliminate a conflict between contractors working in the same area
during the construction period. All CIP amendments require Board approval.
WHAT THE ACTION ACCOMPLISHES:
Provide's mechanism for one general contractor to perform the roadway construction, as well as the
utility work. Amends FY99/00-03/04 Capital Improvement Program. (
#20000910-
Commissioner Judah moved approval, seconded by Commissioner Coy, called and carried.
RESOLUTION NO. 00-09-54
(b)
ACTION REQUESTED:
Approve acceptance of specific purpose survey for Imperial Street, from south line of NE ¼ of Section
Associates. Also accept three (3) maintenance
affidavits.
WHY ACTION IS NECESSARY:
The limits of the right-of-way have, in the past, been determined by maintenance. Official right-of-
way
maps
have never been filed in the Public Records.
WHAT THE ACTION ACCOMPLISHES:
Enters into the public records the location and width of the right-of-way of Imperial Street between the
#20000920-
Commissioner Judah moved approval, seconded by Commissioner Coy, called and carried.
(c)
ACTION REQUESTED:
Approve award of project #EX000613, the purchase of one (1) new Badger 670 Hydro-Scopic 6 x 6
for contract options, for a grand total amount of $241,523.00.
WHY ACTION IS NECESSARY:
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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 THE ACTION ACCOMPLISHES:
The new excavator will provide DOT Canal Maintenance with a reliable, efficient unit to perform
roadside and right-of-way maintenance. Fleet Management recommends that this new unit replace
asset #018670, due to the age of the unit and the cost to maintain the piece of equipment. (
#20000943-
Commissioner Judah moved approval, seconded by Commissioner Coy, called and carried.
10. UTILITIES
(a)
ACTION REQUESTED:
Approve
, to include the Guaranteed Maximum
Price (GMP) in the amount of $120,000.00, for Phase II Offsite Spray Irrigation System, which
includes the 5% Construction Manager Fee and contingencies. Also, approve Budget Amendment
Treatment Plant by $148,561.00.
WHY ACTION IS NECESSARY:
approved by the Board on April 21, 1993, construction projects estimated to be over level four
authorization will be executed through the formal advertised process.
WHAT THE ACTION ACCOMPLISHES:
(
#20000932-
Utilities)
Commissioner Judah moved approval, seconded by Commissioner Coy, called and carried.
RESOLUTION NO. 00-09-55
(b)
ACTION REQUESTED:
Award RFQ-00-03, Construction Management for the Olga Water Treatment Plant, for the Division of
Utilities, to
CH2M Hill,
for the sum of five percent (5%) of the total construction cost of the project.
WHY ACTION IS NECESSARY:
approved by the Board on April 21, 1993, construction projects estimated to be over level four
authorization will be executed through the formal advertised process.
WHAT THE ACTION ACCOMPLISHES:
The Olga Water Treatment Plant (WTP) will be expanded by 5 million gallons per day (MGD) to bring
its total capacity of 10 MGD. The project consists of construction of additional water treatment
facilities at the existing Olga WTP and construction of a new 24-inch diameter finished water
transmission line, approximately 34,000 feet in length. (
#20000934-
Utilities)
Commissioner Judah moved approval, seconded by Commissioner Coy, called and carried.
(c)
ACTION REQUESTED:
Utilities System in the amount of $77,919.59.
WHY ACTION IS NECESSARY:
Uncollectibles result when customers’ bills remain unpaid for various reasons. The two most
significant reasons the accounts remain unpaid are: 1) Customers simply do not pay the amount owed;
and, 2) Legal action such as bankruptcy.
WHAT THE ACTION ACCOMPLISHES:
Adjusts accounts receivable balance to reflect anticipated collections. (
#20000950-
Utilities)
Commissioner Judah moved approval, seconded by Commissioner Coy, called and carried.
11. COUNTY ATTORNEY
(a)
ACTION REQUESTED:
Approve release of a portion of a water/sewer line easement, now abandoned or placed out of service
on property located at 1687 Inlet Drive; and authorize the Chairman to execute a
Release of Easement
for this purpose.
WHY ACTION IS NECESSARY:
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The property owner has requested a release of the easement, as it is no longer in service.
WHAT THE ACTION ACCOMPLISHES:
Releases the now abandoned or placed out-of-service easement to the property owner of the property
over which the portion of the easement is located. (
#20000957-
County Attorney)
Commissioner Judah moved approval, seconded by Commissioner Coy, called and carried.
12. HEARING EXAMINER
No requests received.
13. PORT AUTHORITY
No requests received.
14. CONSTITUTIONAL OFFICERS
(a)
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 THE ACTION ACCOMPLISHES:
Compliance with the requirements of FS 136.06(1). (
Clerk of Courts)
Commissioner Judah moved approval, seconded by Commissioner Coy, called and carried.
(b)
ACTION REQUESTED:
Present for information purposes, the
Monthly Financial Report for the month of August 2000.
WHY ACTION IS NECESSARY:
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 THE ACTION ACCOMPLISHES:
The purpose of this report is to convey to the Board the financial status of selected significant funds of
dates and the market value of the investments managed by the Clerk’s Office on behalf of the Board.
(
Clerk of Courts)
Commissioner Judah moved approval, seconded by Commissioner Coy, called and carried.
15. COMMUNITY REDEVELOPMENT AGENCY
No requests received.
16. VISITOR AND CONVENTION BUREAU
No requests received.
17. PUBLIC WORKS DIVISION
(a)
ACTION REQUESTED:
Approve the
purchase
of Parcel 1550, STRAP No. 33-44-23-C2-05881.0040, a vacant, non-waterfront
No 4034, from Eugene Batelli, in the amount of $4,000.00, pursuant to the terms and conditions as set
forth in the Purchase Agreement; and authorize payment of necessary fees to close in the approximate
amount of $300.00; authorize the Division of County Lands to handle, and accept all documentation
necessary to complete this transaction.
WHY ACTION IS NECESSARY:
WHAT THE ACTION ACCOMPLISHES:
The acquisition of property during the voluntary phase of the project. (
#20000902-
County Lands)
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Commissioner Judah moved approval, seconded by Commissioner Coy, called and carried.
(b)
ACTION REQUESTED:
Approve the
purchase
of a +/- 40 acre parcel, STRAP No. 09-47-26-00-00001.0120, within the
pursuant to the terms and conditions as set forth in the Purchase Agreement; authorize payment of the
necessary fees to close in the approximate amount of $1,200.00; authorize Chairman to execute
Purchase Agreement; and authorize the Division of County Lands to handle and accept all
documentation necessary to complete this transaction.
WHY ACTION IS NECESSARY:
To place environmentally sensitive land, within CREW boundaries, into public ownership.
WHAT THE ACTION ACCOMPLISHES:
The acquisition of +/- 40 acres, within CREW boundaries, for $50,350.00 plus costs to close.
(
#20000941-
County Lands)
Commissioner Judah moved approval, seconded by Commissioner Coy, called and carried.
(c)
ACTION REQUESTED:
Approve a
Mosquito Control District,
for the existing helistop on Sanibel Island (Bowman’s Beach area). The
lease is for a term of 20 years. The Mosquito Control District is exercising its lease option to extend an
the existing lease agreement for a period of 20 years. The original lease agreement was executed
September 27, 1980.
WHY ACTION IS NECESSARY:
To renew a lease agreement, pursuant to its extension option, that allows for a 20-year extension.
WHAT THE ACTION ACCOMPLISHES:
Lee County Mosquito Control District will be granted the right to stay at this site. The District allows
other County operations with helicopters to utilize this facility at no expense. (
#20000982-
County
Lands)
Commissioner Judah moved approval, seconded by Commissioner Coy, called and carried.
ADMINISTRATIVE AGENDA
1. COUNTY MANAGER
(a)
ACTION REQUESTED:
Review and discuss FY00-01 Goals and Objectives. The FY00-01 Goals and Objectives are contained
in the backup material to this item.
WHY ACTION IS NECESSARY:
To provide focus for County efforts in providing funding and services.
WHAT THE ACTION ACCOMPLISHES:
Establishes FY00-01 Goals and Objectives. (
#20000966-
County Administration)
Commissioner Manning moved the item, seconded by Commissioner Coy, for discussion. Responding to
Commissioner Coy's questions, County Manager Donald D. Stilwell stated staff would present a monthly report on the
public utilities, perhaps at the Management & Planning meetings. Under Goal 5, Objective 1, Enhanced
Communication with the Public, Commissioner Albion suggested creating a blue print on how staff intends to
heighten public awareness, etc. Mr. Stilwell stated staff would return before the Board with a marketing plan at the
November Management & Planning meeting. Commissioner Albion requested the motion maker and seconder agree
to add to the motion that the Goal (Goal 5, Objective 1) is also to create a blue print for the communication with the
public on a marketing plan. The maker and seconder of the motion concurred. The motion was called and carried.
(b)
ACTION REQUESTED:
Approve an advance of $1,766,000.00 to the Tax Collector for Ad Valorem commission fees for Fiscal
Year 2000-2001, per Florida Statutes 192.102 and 218.36.
WHY ACTION IS NECESSARY:
In as much as all Excess Fees are payable and due to be returned to the Board of County
Commissioners on the 31st day after the close of the fiscal year, the Tax Collector will require
operating funds for the months of October and November 2000.
WHAT THE ACTION ACCOMPLISHES:
Provides operating funds necessary for the first two months of FY 2000-2001, in anticipation of
commissions earned from Ad Valorem monies collected and distributed. (
#20000940-
County
Administration)
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Commissioner Manning moved the item, seconded by Commissioner Coy, called and carried.
2. PLANNING AND CONSTRUCTION
No requests received.
3. COUNTY COMMISSIONERS
No requests received.
4. COMMUNITY DEVELOPMENT
No requests received.
5. HUMAN SERVICES
No requests received.
6. INDEPENDENT DIVISIONS
No requests received.
7. PUBLIC SERVICE DIVISIONS
No requests received.
8. SOLID WASTE-NATURAL RESOURCES
No requests received.
No requests received.
10. UTILITIES
No requests received.
11. COUNTY ATTORNEY
(a)
ACTION REQUESTED:
the amount of $14,250.00, plus attorney's fees of $490.05
WHY ACTION IS NECESSARY:
To approve negotiated settlement.
WHAT THE ACTION ACCOMPLISHES:
Settles all claims for condemnation of Parcel 1568, Veterans Memorial Parkway, between Chiquita and
Surfside. (
#20000967-
County Attorney)
Commissioner Manning moved the item, seconded by Commissioner Coy, called and carried.
(b)
ACTION REQUESTED:
amount of $6,500.00, plus attorney's fees of $437.25.
WHY ACTION IS NECESSARY:
To approve negotiated settlement.
WHAT THE ACTION ACCOMPLISHES:
Settles all claims for condemnation of Parcel 1548, Veteran's Memorial Parkway between Chiquita and
Surfside. (
#20000968-
County Attorney)
Commissioner Manning moved the item, seconded by Commissioner Coy, called and carried.
(c)
ACTION REQUESTED:
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(P1544/Rezhets), in the amount of $14,250.00, plus attorney's fees of $490.05.
WHY ACTION IS NECESSARY:
To approve negotiated settlement.
WHAT THE ACTION ACCOMPLISHES:
Settles all claims for condemnation of Parcel 1544, Veteran's Memorial Parkway between Chiquita and
Surfside. (
#20000969-
County Attorney)
Commissioner Manning moved the item, seconded by Commissioner Coy, called and carried.
(d)
ACTION REQUESTED:
in the amount of $14,250.00, plus attorney's fees of $490.05.
WHY ACTION IS NECESSARY:
To approve negotiated settlement.
WHAT THE ACTION ACCOMPLISHES:
Settles all claims for condemnation of Parcel 1544
1545
(
#20000972-
County Attorney)
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
For Administrative Agenda Item 11(d), in the "What the Action Accomplishes" section, the parcel number should be
1545, not 1544.
Commissioner Manning moved the item, seconded by Commissioner Coy, called and carried.
12. HEARING EXAMINER
No requests received.
13. PORT AUTHORITY
CONVENE AS BOARD OF PORT COMMISSIONERS
(a)
ACTION REQUESTED:
Approve an agreement with International Aviation Services LLC, as prospective assignee, to amend the
ground lease of a cargo-building site at Southwest Florida International Airport; and consent to a
proposed grant of a leasehold mortgage for said site from International Aviation Services LLC to Old
Port Authority)
FOR ACTION TAKEN, REFER TO THE MINUTES OF THE PORT AUTHORITY.
14. CONSTITUTIONAL OFFICERS
No requests received.
15. COMMUNITY REDEVELOPMENT AGENCY
No requests received.
16. VISITOR AND CONVENTION BUREAU
No requests received.
17. PUBLIC WORKS DIVISION
(a)
ACTION REQUESTED:
Approve the
purchase
of Parcel 119, STRAP No. 31-47-26-06-00009.0010, located in the Southeast
quadrant of Lee County within the city limits of Bonita Springs, from A. S. & Dorothy Crisafulli, in the
amount of $1,950,000.00 for the Conservation 2020 Land Acquisition Program, Project No. 8800,
pursuant to the terms and conditions as set forth in the Agreement for Purchase and Sale of Real Estate;
authorize payment of necessary fees and costs to close, estimated at approximately $15,000.00; and
authorize the Division of County Lands to handle and accept all documentation necessary to complete
this transaction.
WHY ACTION IS NECESSARY:
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WHAT THE ACTION ACCOMPLISHES:
The acquisition of one of the properties recommended by the Conservation Land Acquisition and
Stewardship Advisory Committee, on Blue Sheet No. 19991411, for Conservation 2020 Program.
(
#20000936-
County Lands) (
Affidavit)
For Administrative Agenda Item 17(a), in the Blue Sheet Background section, the third paragraph, the second
sentence should read: "The Sellers at Buyers' expense, are to provide title insurance, and the Sellers are to pay
documentary stamps."
Commissioner Manning moved the item, seconded by Commissioner Judah. The Chairman stated that, for the record,
this item requires a supermajority vote from the Board of 5-0. County Lands Acquisition Program Manager Robert G.
Clemens confirmed that the documentary stamps are to be covered by the seller; and the title insurance will be paid
for by the buyer (the County). Commissioner Judah thanked everyone who worked on this issue. The motion was
called and carried.
THE REMAINING MORNING AGENDA.
9:30 A.M. AGENDA ITEM
- Public Hearing
ACTION REQUESTED:
to issue a written decision describing, as specifically as possible, the use or uses available to the
subject property.
WHY ACTION IS NECESSARY:
Florida Statute §70.51(21) requires the Board of County Commissioners to accept, modify or
reject the Special Master's recommendation.
WHAT THE ACTION ACCOMPLISHES:
Provides closure to the Special Master process. Allows implementation of the Special Master
recommendation, if it is accepted by the Board as stated or modified. In the alternative, if the
Board rejects the recommendation, it allows the petitioners to pursue judicial relief. (
#20000961-
County Attorney) (
Affidavit)
Commissioner Albion announced that "Reject the recommendation" as stated above, is the Staff's recommendation.
Assistant County Attorney Dawn E. Lehnert reviewed the history of the item; stated that the county action involved is
not a rezoning of the property, but a denial of the Special Exception for a 1,222-foot high communication tower; that
the backup indicates that Staff's recommendation, with respect to this proceeding, is to reject the Special Master's
recommendation, and uphold the Hearing Examiner's decision; and that the Hearing Examiner correctly applied the
regulations and appropriately determined that the tower is not compatible with the existing surroundings. Attorney
Lehnert presented and reviewed a 12-page memorandum entitled "
Corkscrew Towers, Claim for Relief under Section
FS70.51, Memorandum in Support of County Staff Position"
, dated August 04, 2000 (copy is on file in the Minutes
Office), as well as discussed the Blue Sheet and backup material; stated that at the first meeting, the material reported
that the only alternative was to move the guide wires around the 1,222 foot tower, however, the fact finding second
hearing before the Special Master resulted in the recommendation before the Board today; and noted that there are
three alternatives: implementation, rejection, or modification - if the Board accepts, the Board must make Findings of
Fact and Conclusions of Law because the Board's decision will become the determination or grant of the Special
Exception approval; and Attorney Lehnert reviewed the meeting procedures; and noted that the two sides to this case
are the property owners, represented by ICE, and Dr. and Mrs. Schmidt, who own an existing private airstrip adjacent
COMMISSIONER ST. CERNY LEFT THE MEETING BRIEFLY DURING THE ABOVE DISCUSSION. Attorney
Matthew Uhle, of the law firm of Humprey and Knott, representing the Applicant, requested the Board uphold the
recommendation of the Special Master to approve this particular Special Exception with the Conditions set out in the
Special Master's recommendation; presented/reviewed their case with the aid of large drawings; noted there were two
towers already in close proximity to the subject tower; stated that the Hearing Examiner denied their Special
Exception based on concerns relating to the airstrip; opined that the Applicant believes the Hearing Examiner's
opinion contained a number of factual legal errors; informed that their proposal, at mediation, was to change the plan
slightly, to move the guide wires to an area that would have less impact on the planes; and believed that the ultimate
issue is in the balancing of the Applicant's rights and the rights of the airstrip, and that when the Special Master
balanced those factors, he found that this Special Exception should be approved. Attorney Uhle introduced John
Allen, an Airspace Consultant in the private sector, offered as an expert witness, who discussed the responsibilities of
the pilots to avoid collision and the landing approaches. Mr. David Depew, of Morris-Depew Associates, Inc.,
confirmed that the radius distance of the guide wire from the tower is approximately 972 feet.
Attorney David W.
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BOOK - 2000R - B.O.C.C.------------------------------------
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Rynders,
representing the Dr. & Mrs. Schmidts, presented their case; stated that the protections afforded to a small
airport prohibit an obstruction more than 200 feet above the ground within three nautical miles of the reference point,
the center of the longest runway at the airport, of more than 3,200 feet; and introduced Gene Schmidt, a retired Chief
Captain for Northwest Airlines, now serving as a FAA Accident Prevention Counselor, offered as an expert witness,
who responded to questions from the Board. The Chairman called for
public input,
and the following persons came
forward and offered their opposition to the tower:
Following a short break, the Chairman called the meeting back to order with all Commissioners
present; and public input continued with the following persons offering their opposition to the tower:
The following persons came forward voicing approval of the tower:
Tom "Lanny" Lindner
Jay Frins
After discussion, Commissioner Judah moved to reject the recommendation of the Special Master. The Chairman
added, which would be to uphold Staff's recommendation, seconded by Commissioner St. Cerny, called and carried.
WALK-ON ITEM NO. 1
7. PUBLIC SERVICE DIVISIONS
ACTION REQUESTED:
Approve
for the reimbursement of operation and
maintenance costs incurred by Lee County Parks and Recreation facilities for facilities located within
WHY ACTION IS NECESSARY:
Board approval is required for all contracts and agreements.
WHAT ACTION ACCOMPLISHES:
Allows the City of Bonita Springs to reimburse the County for the parks and recreation facilities within
#2000959-
Parks & Recreation)
REASON FOR WALK-ON:
Commissioner Manning moved the item, seconded by Commissioner Judah. Responding to Commissioner Albion's
questions, Public Parks and Recreation Director John Yarbrough stated that Bonita Springs would cover 100% of the
costs, even the indirect costs. The motion was called and carried.
WALK-ON ITEM NO. 2
7. PUBLIC SERVICE DIVISIONS
ACTION REQUESTED:
Authorize Chairman to execute
Contract 99-FM-Q2-09-46-01-003,
to extend the grant to December 31, 2000.
WHY ACTION IS NECESSARY:
Commission Chairman's signature is required to execute the Contract.
WHAT THE ACTION ACCOMPLISHES:
Extends Agreement to December 31, 2000. (
#20001008
- Public Safety)
REASON FOR WALK-ON:
To meet signatory requirements due to the time constraint.
BOOK - 2000R - B.O.C.C.------------------------------------
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------------------------------------- PAGE: 592
Commissioner Manning moved the item, seconded by Commissioner Judah, called and carried.
WALK-ON ITEM NO. 3
ACTION REQUESTED:
approve Budget Resolution for $347,940.00; and amend the FY 00/01 - 04/05 Capital Improvement
Program in the amount of $347,940.00.
WHY ACTION IS NECESSARY:
To fulfill a state requirement.
WHAT ACTION ACCOMPLISHES:
Allows the agreement to be executed by FDOT. (
#20001002-
REASON FOR WALK-ON:
Documents have to be to FDOT by September 30, 2000.
Commissioner Manning moved the item, seconded by Commissioner Judah, called and carried.
RESOLUTION NOS.
00-09-56
and
00-09-57
WALK-ON ITEM NO. 4
ACTION REQUESTED:
$755,000.00; approve Budget Resolution for $1,161,000.00; and amend the FY00/01-04/05 Capital
Improvement Program in the amount of $1,161,000.00.
WHY ACTION IS NECESSARY:
To fulfill a state requirement.
WHAT ACTION ACCOMPLISHES:
Allows the agreement to be executed by FDOT. (
#20001003-
REASON FOR WALK-ON:
Documents have to be to FDOT by September 30, 2000.
Commissioner Manning moved the item, seconded by Commissioner Judah, called and carried.
RESOLUTION NOS.
00-09-58
&
00-09-59
WALK-ON ITEM NO. 5
1. COUNTY MANAGER
ACTION REQUESTED:
Approve an
and Animal Services, for animal
control services.
WHY ACTION IS NECESSARY:
Board of County Commissioners must approve Interlocal Agreements.
WHAT ACTION ACCOMPLISHES:
#20001016
- Animal Services)
REASON FOR WALK-ON:
Must be approved by October 01, 2000, to avoid lapse in service.
Commissioner Manning moved the item, seconded by Commissioner Judah, called and carried.
WALK-ON ITEM NO. 6
ACTION REQUESTED:
Deny a request for construction costs for an additional right-in/right-out access point from Saddle Road
to Daniels Parkway, which is requested by the applicant (property owner) who has commercial
properties located on the south side of Daniels Parkway.
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------------------------------------- PAGE: 593
WHY ACTION IS NECESSARY:
There is reasonable and adequate access available to the subject property, and also there is no fund
available to construct this access point.
WHAT ACTION ACCOMPLISHES:
This action does not allow another access point to Daniels Parkway. (
#20001017-
REASON FOR WALK-ON:
Requested by Commissioner Albion.
Commissioner Judah expressed his concerns; requested staff provide additional information/clarification regarding the
Federal Aviation Administration's (FAA) involvement; expressed his desire to defer this item since DOT is still
working on a plan to provide information regarding access onto Daniels from Treeline to State Route 82; and
requested better clarification on where the airport stands. Assistant County Attorney Timothy Jones rendered
opinions regarding the length of time to defer. Commissioner Judah moved to defer for 60 days, seconded by
Commissioner Manning. Commissioner Albion stated, 60 days or sooner if the Access Plan comes forward before 60
days; and added that he, too, believed it important to find out what promises were made, the obligations, and then to
put everything into an appropriate context in relation with each other. The motion was called and carried.
COMMISSIONER ITEMS
The Commissioners had nothing to offer.
COMMITTEE APPOINTMENTS
LAND DEVELOPMENT CODE
ADVISORY COMMITTEE
, seconded by Commissioner Coy, called and carried.
Commissioner Coy moved to appoint Bonnie Hanmer to the
EXTENSION SERVICES ADVISORY
COMMITTEE
, seconded by Commissioner Manning, called and carried.
STREETLIGHTING DISTRICT
, seconded by Commissioner Coy, called and carried.
LAND DEVELOPMENT CODE
ADVISORY COMMITTEE
, seconded by Commissioner Manning, called and carried.
INDUSTRIAL DEVELOPMENT
AUTHORITY
, seconded by Commissioner Coy, called and carried.
COUNTY MANAGER ITEMS
COUNTY ATTORNEY ITEMS
Following a short break, the Chairman called the meeting back to order with all Commissioners
MINUTES FOR ACTION TAKEN.
The Chairman recessed the meeting until 5:00 p.m. The Chairman called the meeting back to order at
5:00 p.m. with all Commissioners present.
5:00 P.M. AGENDA ITEM -
Public Hearing
(1)
ACTION REQUESTED:
vacate a portion of the fifty foot (50’) wide right-of-way of River Road, adjacent to the
southernmost line common to Lots 19 and 20A, part of the unrecorded re-subdivision of Lots 4-7,
WHY ACTION IS NECESSARY:
BOOK - 2000R - B.O.C.C.------------------------------------
-----------------------------------------
------------------------------------- PAGE: 594
To construct an accessory structure to a principal residential use on Lot 20-A. The subject road
right-of-way is undeveloped, does not provide access to water, and is not required for future
roadway purposes.
WHAT THE ACTION ACCOMPLISHES:
Vacates the easement.
There are no objections to this Petition to Vacate.
(S09-T44S-R26E) (District #5) (
#20000937-
Development Services)
Assistant County Attorney Joan Henry approved as to legal form and sufficiency, the Affidavits of Publication
for 5:00 p.m. Agenda Items (1), (2), and (3); and described this vacation. Commissioner Judah moved the item,
seconded by Commissioner Manning. The Chairman called for public input; however, no one came forward.
The motion was called and carried.
RESOLUTION NO. 00-09-60
5:00 P.M. AGENDA ITEM -
Public Hearing
(2)
ACTION REQUESTED:
Adopt a Resolution on Petition #VAC2000-00023, submitted by Parkway I, LTD & NRI-CRT,
OR Book 1971, Page 477; and a portion of a 10 foot wide utility easement, as recorded in OR
WHY ACTION IS NECESSARY:
Portions of the above-described easements are to be vacated as part of a proposed multi-family
apartment complex. The ingress-egress and utility easements requested to be vacated are not
necessary to accommodate any future traffic or utility requirements.
WHAT THE ACTION ACCOMPLISHES:
Vacates the easement.
There are no objections to this Petition to Vacate.
(S19-T45S-R25E) (District #5) (
#20000931-
Development Services)
Assistant County Attorney Joan Henry approved as to legal form and sufficiency, the Affidavits of Publication for
5:00 p.m. Agenda Items (1), (2), and (3); and described this vacation. Commissioner Manning moved the item,
seconded by Commissioner Judah. The Chairman called for public input; however, no one came forward. The
motion was called and carried.
RESOLUTION NO. 00-09-61
5:00 P.M. AGENDA ITEM -
Public Hearing
(3) Public Hearing
ACTION REQUESTED:
twelve-foot wide Public Utility Easement centered on the common lot line of Lots 10 and 11,
Block 34, Unit 9, of Lehigh Acres Subdivision, as Recorded in Plat Book 15, Page 18, and Deed
WHY ACTION IS NECESSARY:
To combine adjacent lots into one building site.
WHAT THE ACTION ACCOMPLISHES:
Vacates the easement.
There are no objections to this Petition to Vacate.
S16-T44S-R27E (District #5) (
#20000928-
Development Services)
Assistant County Attorney Joan Henry approved as to legal form and sufficiency, the Affidavits of Publication for
5:00 p.m. Agenda Items (1), (2), and (3); and described this vacation. Commissioner Judah moved the item, seconded
by Commissioner Manning. The Chairman called for public input; however, no one came forward. The motion was
called and carried.
RESOLUTION NO. 00-09-62
5:00 P.M. AGENDA ITEM -
Public Hearing
(4) Public Hearing
ACTION REQUESTED:
Administrative Code AC-1-14; and enact two ordinances, one providing for Equal Employment
County.
WHY ACTION IS NECESSARY:
A public hearing is required by law when exercising ordinance-making powers.
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WHAT THE ACTION ACCOMPLISHES:
Provides an opportunity for public input prior to Board action. (
#20000988-
Equal Opportunity)
Affidavit of Publication
regarding this item; and reviewed the two proposed Ordinances into the record. County Attorney James G. Yaeger
rendered legal opinions throughout this discussion; and responded to questions from the Board, and noted that the two
ordinances are new and are replacing existing ordinances. Commissioner Manning stated he believed the issue that is
outstanding on the first ordinance was the "Employer" section and the number of employees; noted that it is important
that the statute of limitations move from 60 to 300 days, and that this will benefit both parties; and added that the
language has been changed to conform to the federal guidelines. Commissioner Judah stated it would have been
helpful if staff had highlighted where changes occur within the ordinance, such as the definition of employer: from
six full time/ten part time employees to fifteen full-time employees, because that is a source of consternation
(proposed Equal Employment Opportunity Ordinance, Page 2, [9]); and added that to avoid a potential undermining of
the Commission's assurance in providing for equal opportunity, that the County should retain the current definition of
"Employer"; Commissioner Manning agreed. Attorney Yaeger suggested to make the Board's direction as a part of
the motion, to retain the existing definition of "employer" that is in the existing Ordinance. The Chairman called for
public input, and the following concerned citizens came forward and expressed their opposition to the proposed
changes in the Equal Opportunity Ordinance regarding the number of employees:
President of the Local Branch of the NAACP
Jr., Chairman of the Legal Redress Committee of NAACP
Attorney
Maurina Pete
Charlene O'Masky
Regarding the revised Equal Opportunity Ordinance, Commissioner Judah affirmed Commissioner Manning's
suggestion to increase the Statute of Limitation time from 60 to 300 days, which is consistent with federal policy and
would be a positive change for the citizens; and assured the public that the Board will retain the existing definition of
"Employer" language to provide for the protection of those who would be discriminated against. Commissioner Judah
moved to support equal opportunity employment in the Lee County Ordinance, but with the proviso that the definition
of "Employer" be retained, which pertains to six full-time employees, seconded by Commissioner Manning.
Commissioner St. Cerny requested the motion be restated for clarification. Commissioner Judah clarified, to extend
from 60 days to 300 days the time period within which an individual can file a grievance, this is consistent with
federal law, and gives greater protection to those individuals, otherwise they could be discriminated against; and
requested staff assistance with the existing definition of "Employer" numbers. Equal Opportunity Analyst Kamala
Corbett clarified that it is six full-time employees or eleven part-time employees in the current ordinance.
Commissioner Judah added, "that needs to be retained". After discussion, the motion was called and carried. The
Ordinance adopted by the Board and filed was
ENTITLED:
AN ORDINANCE PROVIDING FOR EQUAL OPPORTUNITY IN
DEFINITIONS; PROVIDING FOR INVESTIGATION PROCEDURES;
PROVIDING FOR REMEDIES AND PENALTIES UNDER THIS
ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
Regarding the Equal Housing Opportunity, Commissioner Manning moved to approve the Fair Housing Opportunity,
seconded by Commissioner Judah, for discussion. The Chairman called for public input; however, no one came
forward. The motion was called and carried. The Ordinance adopted by the Board and filed was
ORDINANCE NO. 00-19,
ENTITLED:
PROVIDING FOR INVESTIGATION PROCEDURES; PROVIDING FOR
REMEDIES AND PENALTIES UNDER THIS ORDINANCE; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
5:05 P.M. AGENDA ITEM -
First Public Hearing
(1)
ACTION REQUESTED:
Code (LDC) § 30-183, Billboards. After hearing, direct the Ordinance to a second public hearing
on October 10, 2000, at 5:05 p.m.
WHY ACTION IS NECESSARY:
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BOOK - 2000R - B.O.C.C.------------------------------------
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Two public hearings are necessary to adopt amendments to the Code.
WHAT THE ACTION ACCOMPLISHES:
Allows for discussion and public input on the proposed amendment. (
#20000979-
County
Attorney)
Affidavit of Publication
for
5:00 p.m. Agenda Item (1), and reviewed the item. Commissioner Manning moved the item to the second public
hearing, seconded by Commissioner Coy. Since Commissioner Judah had been absent at the last hearing on this
amendment, staff and the Board informed him of the consensus reached at the September 12th meeting. Responding
to Commissioner Judah's questions on the LPA recommendation of updating the map for future roadways where
billboards might be allowed, Assistant County Attorney Timothy Jones stated that has been eliminated in this round of
amendments, and it is up to the Board whether it is pursued further, that the Board decided to further compromise and
only add Metro Parkway from Daniels to Six Mile Cypress and forgo looking into adding any additional roads. He
continued by reviewing the backup material; and adding that any road that becomes an arterial does not automatically
become eligible for billboards, they must be on the map that is referenced in the Ordinance that was in existence in
1991, and Three Oaks is not on that map. Referencing the landscaping around billboards on Page 4 of the proposed
Ordinance, Commissioner Judah suggested a requirement of 75% native vegetation. The Chairman called for public
input; and the following persons came forward:
handout
(copy is on file in the Minutes
Office)
Systems, stated he was available to answer questions; expressed that landscaping around
billboards is not effective, and, suggested imposing a fee to be used for plantings along
the roadway where it would be effective
Responding to Commissioner Manning's question, Attorney Jones stated that staff studied the 1995 Commission
meeting and one of the requirements the Board wanted to impose for allowing billboards west of I-75 along
Alico Road, was some type of landscaping, site specific to Alico Road, west of I-75, and to be maintained in
healthy condition. Commissioner Manning called attention to Page 4 of the Ordinance, (Section 11),
Landscaping for Billboards on Alico Road, west of I-75, and stated that native vegetation would be more
appropriate since a sprinkling system for around billboards is not the best use of water. Commissioner Manning
reframed his motion, to move to the second public hearing, and in the interim period of time, ask the appropriate
staff to get with the industry to revamp the language on Page 4, Section (11), of the Ordinance, under
landscaping requirements, and at least have a minimum of 75% native vegetation, and flexibility thereafter; the
seconder agreed. Commissioner Albion suggested staff send a memorandum to the Commissioners on the result
of the language change before the next Public Hearing. The motion was called and carried.
5:05 P.M. AGENDA ITEM -
Public Hearing
(2)
ACTION REQUESTED:
proposed changes are generally related to modifications suggested by the (1999) Solid Waste
Collection Citizens Advisory Board, have been included within the new Franchise Hauling
Contracts, and have been previously agreed on by the Board.
WHY ACTION IS NECESSARY:
To prove conformity between the County’s Solid Waste Collection Ordinance and the Franchise
Hauling Contracts.
WHAT THE ACTION ACCOMPLISHES:
Ensures that the legal and contractual documents related to solid waste collections are uniform.
(
#20000986-
Solid Waste)
Affidavit of Publication
regarding this item; reported that three principal issues have changed since adopting the ordinance: 1) the assessments
have been placed onto the tax bill; 2) new municipalities have gone on line, creating an impact on franchise areas and
the interrelationship for the collection; and 3) there have been changes to the franchise contract; and called attention to
the
informational minor changes within the memo presented by Solid Waste Division Director Lindsey Sampson
pertaining to this item (copy is on file in the Minutes Office). After discussion, Commissioner Judah moved to
approve the Ordinance, seconded by Commissioner St. Cerny. Mr. Sampson stated that this information, via a
brochure, will be mailed to the customers during January 2001. Commissioner Albion suggested a press release
-----------------------------------------
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BOOK - 2000R - B.O.C.C.------------------------------------
-----------------------------------------
------------------------------------- PAGE: 597
letting the public know to watch for the brochure. The Chairman called for public input; however, no one came
forward. The motion was called and carried. COMMISSIONER MANNING LEFT THE MEETING BRIEFLY
DURING THE ABOVE DISCUSSION. The Ordinance adopted by the Board and filed was
ORDINANCE NO. 00-20,
ENTITLED:
RELATING TO GARBAGE AND SOLID WASTE COLLECTION AND
MANDATORY SOLID WASTE COLLECTION AND DISPOSAL UNITS FOR
SOLID WASTE WITHIN THEIR BOUNDARIES; ESTABLISHING THE
GOVERNING BODY WITH POWERS AND DUTIES; PROVIDING FOR
RESIDENTIAL AND COMMERCIAL COLLECTION AND DISPOSAL;
MANDATING SERVICES AND PAYMENT FOR SAME; LEVYING
SPECIAL ASSESSMENTS AND COLLECTION; PROHIBITING UNLAWFUL
DISPOSAL; PENALTIES, SEVERABILITY, SUPPLEMENTAL AUTHORITY,
5:05 P.M. AGENDA ITEM
(3) Public Presentation of Matters by Citizens
No one came forward to offer input.
The Chairman adjourned the meeting at 5:58 p.m.