District #1

Bob Janes

Chairman

District #2

Douglas St. Cerny

District #3

Ray Judah

Vice Chairman

District #4

Andrew W. Coy

District #5

John E. Albion

Donald D. Stilwell,

County Manager

 

James G. Yaeger, County Attorney

 

June 11, 2002

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 Steve Hess

Zion Lutheran Church

 

 

 

 

Pledge of Allegiance

 

 

 

 

 

 

Recap

 

 

 

 

 

Public Comment on the Consent and Administrative Agenda

 

 

 

Consent Agenda:

 

·      

Items to be pulled for discussion by the Board

 

·      

Motion to approve balance of items

 

·      

Consideration of items pulled for discussion

 

 

 

Administrative Agenda

 

 

 

Walk-ons and Carry-overs

 

 

 

Commissioners' Items/Committee Appointments

 

 

 

County Manager Items

 

 

 

County Attorney Items

 

 

 

Adjourn until 5:00 PM

 

5:00 PM

(#1)

Public Hearing

 

ACTION REQUESTED:

Adopt a Resolution on Petition VAC2002-00009 to vacate a 12' Public Utility Easement located between the common lot line of lots 4 and 5, Block 2, Lehigh Estates, as recorded in Plat Book 15, Page 35 of the Public Records of Lee County Florida, and Deed Book 254, Page 50, of the Public Records of Lee County Florida, Section 24, Township 44 South, Range 27 East, less and except the east 6' and the west 6' thereof

WHY ACTION IS NECESSARY:

To build a Single family residence.  The easement will not alter existing easements, and will not be necessary to accommodate future easements.

WHAT THE ACTION ACCOMPLISHES:

Vacates the easement.  (S24-T44S-R27E)  (#5)  (#20020566-Development Services)

 

(#2)

Public Hearing

 

ACTION REQUESTED:

Adopt a Resolution on Petition VAC2000-00024 to vacate a 12' Drainage Easement located between the common lot line of lots 105 and 106,Wildcat Run Subdivision, as recorded in Plat Book 36, Page 36 of the Public Records of Lee County Florida, Section 30, Township 46, Range 26 East, less and except the northeast 6 feet and the southwest 6 feet, and accept a replacement drainage easement.

WHY ACTION IS NECESSARY:

To build a Single family residence.  The vacation of the public utility Vacation of the easement will not alter or otherwise impact existing utilities or drainage, and is not necessary to accommodate future drainage or utility requirements.

WHAT THE ACTION ACCOMPLISHES:

Vacates the easement.  (S30-T46-R26E)  (#3)  (#20020518-Development Services)

 

(#3)

Public Hearing

 

ACTION REQUESTED:

Adopt a Resolution on Petition VAC2002-00011 to Vacate 12' wide Public Utility and Drainage Easement centered on the side and rear lot lines of Lots 6 & 7, 7 & 8, 8 &13, 7 & 14, 13 & 14, 6 & 15, and 14 & 15, Block 20, Unit 11, Lehigh Acres, Florida, Plat Book 15 at Page 70 of the Public Records of Lee County, Florida.

WHY ACTION IS NECESSARY:

To develop a commercial building site.  The vacation of the public utility and drainage easement will not alter existing utilities and the easement is not necessary to accommodate any future utility requirement.

WHAT THE ACTION ACCOMPLISHES:

Vacates the Public Utility and Drainage Easement.

(S25-T44S-R26E)  (#5)  (#20020558-Development Services)

 

(#4)

Public Hearing

 

ACTION REQUESTED:

Adopt a Resolution on Petition VAC2001-00045 to vacate all of the 20' alley and a 6' Public Utility Easement lying at the rear of lots 11, 12, 13 & 14, within Block 9, San Carlos Park Commercial Addition, a subdivision lying in potions of Section 8, Township 46 South, Range 25 East, Lee County, Florida, recorded in plat Book 28, Pages 18 and 19 of the Public Records of Lee County Florida.

WHY ACTION IS NECESSARY:

To provide for the expansion of existing commercial businesses.  These easements are not required to accommodate any future utility or right of way needs and the vacation will not impact any existing utilities.

WHAT THE ACTION ACCOMPLISHES:

Vacates the easement.  (S8-T46S-R25E)  (#5)  (#20020603-Development Services)

 

(#5)

Public Hearing

 

ACTION REQUESTED:

Adopt a Resolution on Petition VAC2000-00008 to vacate to vacate the south 30' of a 40' Buffer and Drainage easement located along the north side of lots 7 through 22, of Wellington Subdivision, Ft. Myers, FL, on Winkler Road, south of Gladiolus, according to the plat thereof as recorded in Plat Book 62, Pages 56 through 58 of the Public Records of Lee County, Florida, less and except the east 15' and the west 20.

WHY ACTION IS NECESSARY:

To build a Single family residence.  The vacation of the public utility Vacation of the easement will not alter or otherwise impact existing utilities or drainage, and is not necessary to accommodate future drainage or utility requirements.

WHAT THE ACTION ACCOMPLISHES:

Vacates the easement.  (#3)  (#20020602-Development Services)

 

5:05 PM

(#1)

Public Hearing

ACTION REQUESTED:

Conduct first public hearing on proposed amendment s to the Lee County Land Development Code (LDC) Chapters 2, 6, 10, 30 and 34.  After public hearing, direct the ordinance to the second public hearing on June 25, 2002 at 5:05 p.m.

WHY ACTION IS NECESSARY:

Public Hearings are necessary to adopt amendments to the LDC.

WHAT ACTION ACCOMPLISHES:

Allows for discussion and public input on proposed LDC amendments. (#20020604-County Attorney)

 

 

5:05 PM

Public Presentation of Matters by Citizens

 

 

Adjourn

 

CONSENT AGENDA

June 11, 2002

 

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Approve the Application for State Revenue Sharing Fiscal Year 2002-2003 and authorize Chairman to sign the application.

WHY ACTION IS NECESSARY:

Each unit of government is required by the State to file an application in order to be considered for any funds to be distributed under the Revenue Sharing Act.

WHAT ACTION ACCOMPLISHES:

Allocates State Revenue Sharing monies to Lee County.

(#20020562-County Administration)

 

 

(b)

ACTION REQUESTED:

Approve transfers of funds and Budget Amendments as budgeted from Fund #42110 Transportation Fund Surplus Account to Fund #42164 Transportation Facilities State Infrastructure Bank (SIB) Debt Service Account and reduce the transfer amount to Fund #30721 TCI-Capital Cape Coral Fund.

WHY ACTION IS NECESSARY:

Board approval is required for transfers that reduce reserves and for budget amendments.

WHAT ACTION ACCOMPLISHES:

Provides funds to establish payment of debt service for the State Infrastructure Bank loan.  (#20020611-Budget Services)

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-02-16, LAKES PARK REGIONAL PUBLIC LIBRARY, in the following order of ranking and authorize contract negotiations to commence with the number one ranked firm: (1) Barany Schmitt Summers Weaver & Partners; (2) Gora/McGahey Associates; (3) Harvard Jolly Clees Toppe, Architects.

WHY ACTION IS NECESSARY:

Pursuant to Administrative Code AC-4-4 Lee County Contracts Manual, approved by the Board on September 25, 2001, the Board is required to approve all Consultant rankings.

WHAT ACTION ACCOMPLISHES:

The Professional Services to be provided and performed by the Consultant for this project will consist of any and all services for the architectural programming, architectural design, multi-disciplinary engineering design and construction administration services for the Lakes Regional Public Library.

(#20020592-Construction & Design)

 

3.

COUNTY COMMISSIONERS

 

 

(a)

ACTION REQUESTED:

Adopt a resolution to support the reauthorization of the Library Services and Technology Act (LSTA).

WHY ACTION IS NECESSARY:

The LSTA must be reauthorized by 10/1/02 if funding of this federal program is to continue. 

WHAT ACTION ACCOMPLISHES:

 The resolution sends support to our federal legislative delegation for the

reauthorization of the LSTA.  (#20020635-County Commissioners)

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Accept a Petition VAC2002-00021 to Vacate 12’ wide Public Utility and Drainage Easement lying 6 feet each side of the common lot lines dividing Lots 4 & 5 and Lots 5 & 6, Block D, Airport Woods Commerce Center, as recorded in Plat Book 50, Pages 64-68, of the Public Records of Lee County, Florida, LESS and EXCEPT the 10 feet abutting Bavaria Road and adopt a Resolution setting a Public Hearing for 5:00 p.m. on the 9th   day of July, 2002.

WHY ACTION IS NECESSARY:

To develop a commercial building site. The vacation of Public Utility and Drainage Easement will not alter existing utilities or drainage and the easement is not necessary to accommodate any future utility or drainage requirements.

WHAT ACTION ACCOMPLISHES:

Sets the time and date for the Public Hearing.  (#20020621-Development Services)

 

 

(b)

ACTION REQUESTED:

Adopt a Petition VAC2002-00018 to Vacate 12’ wide Public Utility and Drainage Easement centered on side and rear lot lines of Lots 12B & 13A and 12B & 11, Block 42, Lehigh Acres, as recorded in Plat Book 15, Page 34, of the Public Records of Lee County, Florida and adopt a Resolution setting a Public Hearing for 5:00 p.m. on the 9th day of July, 2002.

WHY ACTION IS NECESSARY:

To develop a residential building site. The vacation of Public Utility and Drainage Easement will not alter existing utilities or drainage and the easement is not necessary to accommodate any future utility or drainage requirements.

WHAT ACTION ACCOMPLISHES:

Sets the time and date of the Public Hearing.  (#20020595-Development Services)

 

 

 

5.

HUMAN SERVICES

 

 

(a)

ACTION REQUESTED:

Approval to:  1) Submit Lee County’s HUD Fiscal Year 2002 Homeless Continuum of Care and Supportive Housing applications;  2) Authorize Chairman to sign agreements with HUD, Provider Contracts with subrecipients, and authorize Chairman to sign HUD Certifications and HUD Consistency with Consolidated Plan Letters.

WHY ACTION IS NECESSARY:

HUD requires entitlement jurisdictions to complete an annual Homeless Continuum of Care and funding applications in order to receive a variety of HUD programs for the homeless.  Board action is required prior to submitting the above.

WHAT ACTION ACCOMPLISHES:

Enables Lee County to meet the HUD deadline to apply for a variety of programs to assist the county’s homeless.  (#20020626-Human Services)

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve the purchase of Parcel 1572, a vacant non-waterfront property in Cape Coral, for the Veterans Memorial Parkway Extension, Chiquita to Surfside, Project No. 5020, in the amount of $6,000.00, pursuant to the terms and conditions as set forth in the Purchase Agreement; authorize Chairman on behalf of the BOCC to execute Purchase Agreement; authorize payment of necessary fees 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 later date.

(#20020596-County Lands)

 

 

(b)

ACTION REQUESTED:

Approve the acquisition of Parcel 310, for the Imperial Street Widening Project No. 4060, in the amount of $100,360.00, 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 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.

(#20020497-County Lands)

 

 

(c)

ACTION REQUESTED:

Approve the acquisition of Parcel 311, for the Imperial Street Widening Project No. 4060, in the amount of $94,530.00, 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 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.

(#20020499-County Lands)

 

 

(d)

ACTION REQUESTED:

Approve the acquisition of Parcel 312, for the Imperial Street Widening Project No. 4060, in the amount of $112,360.00, 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 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.

(#20020501-County Lands)

 

 

(e)

ACTION REQUESTED:

Accept the donation of a Slope/Restoration Easement covering a portion of Strap No. 30-44-23-00-00001.0010 for the Veterans Memorial Parkway Extension, Project No. 4601; authorize payment of recording fees; authorize the Division of County Lands to handle and accept all documentation necessary to complete this transaction.

WHY ACTION IS NECESSARY:

All real estate acquisitions must be approved by the Board of County Commissioners pursuant to Florida Statute.

WHAT ACTION ACCOMPLISHES:

Acquires a permanent easement needed for the Veterans Memorial Parkway Extension, Project No. 4601.  (#20020560-County-Lands)

 

 

(f)

ACTION REQUESTED:

Schedule Public Hearing for July 9, 2002 at 5:00 p.m. to consider Resolutions to Assess Non-Ad Valorem Assessments using the Uniform Method of Collecting Non-Ad Valorem Special Assessments for operating and maintenance MSBU improvement units.

WHY ACTION IS NECESSARY:

Board of County Commissioners schedules Public Hearings

WHAT ACTION ACCOMPLISHES:

Allows staff to prepare and advertise for Public Hearing.  (#20020471-MSTBU Services)

 

 

(g)

ACTION REQUESTED:

Approve the purchase of a ± 2.5 acre parcel within the Corkscrew Regional Ecosystem Watershed (CREW), Project No. 0999, pursuant to the terms and conditions as set forth in the Purchase Agreement; authorize payment of the necessary fees to close; authorize Chairman on behalf of the Board of County Commissioners to execute Purchase Agreement; 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 ACTION ACCOMPLISHES:

The acquisition of ± 2.5 acres, within CREW boundaries, for $3,000.00 plus costs to close.  (#20020577-County Lands)

 

 

(h)

ACTION REQUESTED:

Approve Budget Transfers and Budget Amendments in the Special Assessment Series 90 Fund 265.

WHY ACTION IS NECESSARY:

Board of County Commissioners is required to approve budget transfers and amendments that involve reserves.

WHAT ACTION ACCOMPLISHES:

Prepare fund budgets to allow fund processing of Mandatory Redemption Bond Payment.  (#20020616-MSTBU Services)

 

7.

PUBLIC SAFETY

 

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Amend the FY 01/02 through FY 05/06 CIP Plan for project no. 200921 and authorize budget transfer in the amount of $500,000.  Approve Change Order No. 1 to the Professional Service Agreement (Lee Contract No. 1208) with Malcolm Pirnie, Inc. for design and permitting services for a transfer station to be built at the WTE site.  The not-to-exceed fee for this change order is $323,504.00.

WHY ACTION IS NECESSARY:

Board approval is required for expenditures exceeding $50,000.00

WHAT ACTION ACCOMPLISHES:

Provides timely permitting and engineering design services for the transfer station              project.  (#20020580-Solid Waste)

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve Supplemental Task Authorization (STA) No. 5 to WilsonMiller Inc. for CN-00-04 MISCELLANEOUS CIVIL ENGINEERING DESIGN AND/OR INSPECTION SERVICES (Contract No. 1469) for Laurel Road Sidewalk from Old US 41 to Gage Way in the amount of $88,500.00.

WHY ACTION IS NECESSARY:

Pursuant to the Lee County Contract Manual, approved by the Board on September 25, 2001, the Board is required to approve all Supplemental Task Authorizations in excess of $50,000.00 to Professional Services Agreements.

WHAT ACTION ACCOMPLISHES:

Furnishes a consultant to provide professional surveying, design analysis, public involvement, contract plans and permitting for the Laurel Road Sidewalk.

(#20020563-Transportation)

 

 

(b)

ACTION REQUESTED:

Approve award of Project # EX020498, the purchase of one (1) new New Holland TS100 tractor with two (2) Alamo mower attachments for Lee County DOT – Operations, from Gaithersburg Equipment Co., at the prices given in the Federal General Services Administration (GSA) Schedule # GS30F-0010K - total contract price:  $56,244.00.  Approval is also requested for the purchase of non-contract items including training, set-up, and labor – total for non-contract items:  $3,750.00.  Grand total amount of purchase:  $59,994.00.

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 new equipment will provide DOT – Operations with the ability to maintain and adjust to an increasing level of service.  This equipment cleans roadside ditches and drainage areas.  The addition of this equipment will also provide for replacement service when like equipment is being repaired or maintained.  (#20020564-Transportation)

  

 

 

(c)

ACTION REQUESTED:

Approve the award of Project # EX020514, the purchase of the following two (2) trucks for Lee County DOT – Operations, from the International Truck and Engine Corporation:  One (1) new International truck tractor, at the Florida State Contract base price with contract options of $67,257.00 – plus $7,047.00 in non-contract options – for a total of $74,304.00; and one (1) new International cab and chassis truck with trash body, at the Florida State Contract base price with contract options of $37,584.00 – plus $9,624.00 in non-contract options – for a total of $47,208.00.  Grand total for the two (2) trucks:  $121,512.00.

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:

These trucks are replacement vehicles, and will provide DOT – Operations with the ability to continue trash service; as well as provide hauling services for County heavy equipment needs as they arise.  The trash truck will replace vehicle #019270; and the truck tractor will replace vehicle #018273; both of which have fulfilled Fleet Management’s replacement criteria requirements.  (#20020585-Transportation)

 

 

(d)

ACTION REQUESTED:

Approve Supplemental Task Authorization (STA) No. 32 for CN-99-23 (Contract #1642) Miscellaneous Surveying & Mapping Services and STA No. 5 for CN-00-04 (Contract #1666) Miscellaneous Civil Engineering Design and/or Inspection Services with the consulting firm of Bean, Whitaker, Lutz & Kareh Inc., for the Leeland Heights Boulevard Sidewalks. These two STA’s along with two previously issued STA’s under both contracts result in the combined total of $66,000.00 for the Leeland Heights Boulevard Sidewalk project.

WHY ACTION IS NECESSARY:

Pursuant to the Lee County Contract Manual, approved by the Board on September 25, 2001, the Board is required to approve all Supplemental Task Authorizations in excess of $50,000.00 to Professional Services Agreements.

WHAT ACTION ACCOMPLISHES:

Allows the consultant to continue to provide professional surveying, mapping, and civil engineering design/inspection services for the Leeland Heights Boulevard Sidewalk Project.  (#20020607-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve final acceptance, by Resolution, for four double water service relocations that were required due to the re-platting of Crown Colony, Lots 1 - 12.   This is a developer-contributed asset project located on the east side of Winkler Road Extension, approximately 1/2 mile south of Summerlin Road.

WHY ACTION IS NECESSARY:

To provide potable water service to the re-platted lots (1–12) of the recently constructed residential development.

WHAT ACTION ACCOMPLISHES:

Places the water services into operation and complies with the Lee County Utilities’ Operations Manual.  (20020593-Utilities)

 

 

(b)

ACTION REQUESTED:

Approve final acceptance, by Resolution, as a donation for one fire hydrant serving Pyramid Commercial Park, Lots 3 & 4.  This is a Developer contributed asset and the project is located on the north side of Topaz Court approximately 425’ east of Metro Parkway.

WHY ACTION IS NECESSARY:

To provide fire protection to the recently constructed industrial building.

WHAT ACTION ACCOMPLISHES:

Places the fire hydrant into operation and complies with the Lee County Utilities Operations Manual.  (#20020594-Utilities)

 

 

(c)

ACTION REQUESTED:

Approve construction of a water main extension and one fire hydrant serving James Whitehead Road. This is a Developer contributed asset project located on the north side of Alico Road approximately ¼ mile east of S. Tamiami Trail.

WHY ACTION IS NECESSARY:

To provide potable water service and fire protection to the proposed modular office building.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20020608-Utilities)

 

 

(d)

ACTION REQUESTED:

Approve construction of a water main extension serving Water’s Edge, Phase 3. This is a Developer contributed asset and the project is located on the west side of Laguna Drive within Peppertree Pointe.

WHY ACTION IS NECESSARY:

To provide potable water service and fire protection to this phase of the proposed single-family residential subdivision.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20020599-Utilities)

 

 

(e)

ACTION REQUESTED:

Approve construction of a water distribution and gravity collection system, 3 lift stations and a force main extension serving Hawk’s Haven, Phase 1.  This is a Developer contributed asset and the project is located on the south side of S.R. 80 approximately 1 mile east of Buckingham Road.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to this phase of the proposed residential development.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20020567- Utilities)

 

 

(f)

ACTION REQUESTED:

Approve final acceptance of the Lee County Utilities “Water and Wastewater Rate and Charge Study (March 2002)”; and, direct staff to advertise and conduct the Public Hearing set for 7-9-02, to adopt new rates & charges by resolution

WHY ACTION IS NECESSARY:

The Lee County BOCC must approve all rate changes and authorize public hearings.

WHAT ACTION ACCOMPLISHES:

It allows Lee County Utilities to advertise and conduct a public hearing to present the changes to its water and wastewater rates.  (#20020623-Utilities)

 

11.

PARKS AND RECREATION

 

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Authorize the advertisement and schedule a public hearing to revise Lee County Ordinance 88-58, which governs the issuance of certificates of public convenience and necessity for ambulance transportation and advance life support non-transport services within the incorporated and unincorporated areas of Lee County.

WHY ACTION IS NECESSARY:

Florida Statutes, § 125.066 requires the advertisement of ordinances.

WHAT ACTION ACCOMPLISHES:

Provides opportunity for the public to present their views on proposed changes to standards and regulations governing the operation of ambulance and advanced life support non-transport services within Lee County.  (#20020605-County Attorney)

 

13.

HEARING EXAMINER

 

 

14.

PORT AUTHORITY

 

  

15.

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 ACTION ACCOMPLISHES:

Compliance with the requirements of FS 136.06(1).  (#20020613-Clerk of Courts)

 

 

ADMINISTRATIVE AGENDA

June 11, 2002

 

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Request authorization to advertise for and conduct a public hearing on July 9, 2002, at 5:00 p.m., to consider the adoption of an Ordinance to enact a sales tax increase relating to indigent trauma care, subject to a referendum approval by a vote of the electorate on Tuesday, November 5, 2002.

WHY ACTION IS NECESSARY:

The Board of County Commissioners= approval must be obtained for advertising and conducting of a public hearing prior to the adoption of an Ordinance placing a sales tax before the voters.

WHAT ACTION ACCOMPLISHES:

Meets legal requirements so that the Board of County Commissioners may place the issue on the ballot for voter consideration.  (#20020575-County Administration)

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

Authorize the purchase of materials and/or equipment for the North Fort Myers Community Park Phase II (RFQ-01-06), to various vendors, for an estimated amount of $300,000.00.  The materials and/or equipment has been bid by the Construction Manager (Compass Construction Inc.) with these vendors being the lowest responsive/responsible bidders.  Also approve waiving of the bid process and authorize the use of the Direct Material Purchase Orders based on CM’s competitive bid process, which allows the County to purchase directly from suppliers of major equipment and/or materials as a cost saving measure.

WHY ACTION IS NECESSARY:

Pursuant to the Lee County Contracts Manual and the Lee County Purchasing & Payment Manual Board approval is required for this expenditure.

WHAT ACTION ACCOMPLISHES:

Provides for timely and coordinated acquisition of equipment for the project.  (#20020597-Construction & Design)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Consider application for a Special Event Permit from Miromar Outlet West LLC and KTB Florida Sports (a/k/a TECO Arena) for a Fourth of July Celebration – Fireworks Display on July 3, 2002.

WHY ACTION IS NECESSARY:

Per County Ordinance 91-26, the Board must approve all applications for Special Event Permits where the expectancy is for 5,000 persons or more a day.

WHAT ACTION ACCOMPLISHES:

Ensures compliance with Section Eight of Lee County Ordinance 91-26.

(#20020625-Public Resources)

 

 

(b)

ACTION REQUESTED:

Adopt a Resolution approving certain amendments to the Lee County Administrative Code for the creation of the Lee County Animal Trust Fund Account. And further authorize the placement of all donations received this year into the newly created Trust Fund.

WHY ACTION IS NECESSARY:

Lee County Ordinance No. 97-23 allows and provides for amendments to the Lee County Administrative Code to be made by Resolution of the Board of County Commissioners at a regularly scheduled board meeting

WHAT ACTION ACCOMPLISHES:

Amends the Administrative Code and creates an animal trust fund and Oversight Committee that will provide for policies and procedures which are to be followed in accepting donations made to the trust.   (#20020622-Animal Services)

 

7.

PUBLIC SAFETY

 

 

 

 

(a)

ACTION REQUESTED:

Approve Bid Waiver # W-020504 to waive the formal quotation procedure and allow the Lee County Division of Public Safety to purchase Advanced Tactical Mapping (ATM) software from Printrak a Motorola Company, this equipment is an upgrade that will allow cellular callers to be located on the geofile mapping system as directed by the FCC 9-1-1 Wireless Phase II mandate.  The request is for funds from the 9-1-1 Wireless User Fee not to exceed $150,000.00.  A bid waiver has been requested, as Printrak a Motorola Company is a sole source provider of Advanced Tactical Mapping (ATM).  Funding will come from the department’s budget and they will be responsible for monitoring their own expenditures.

WHY ACTION IS NECESSARY:

According to Section 9.4.1. of the Lee County Purchasing and Payment Procedures Manual, approved by the Board on 3/21/00, purchases over $50,000.00 must be approved by the Board.

WHAT ACTION ACCOMPLISHES:

The purchase will allow the Division of Public Safety to meet the FCC 9-1-1 Wireless II mandate requirements.  (#20020574-Public Safety)

 

 

(b)

ACTION REQUESTED:

Approve Bid Waiver # W-020513 to waive the formal quotation procedure and allow the Lee County Division of Public Safety to purchase the Positron 120-button line module upgrade from Sprint Public Safety, this equipment is an upgrade that will provide lines to answer calls, transfer calls and speed dial other emergency agencies quickly with a single button procedure.  The request is for funds from the 9-1-1 User Fee not to exceed $88,000.00.  A bid waiver has been requested, as Sprint Public Safety is a sole source vendor for the 9-1-1 equipment.  Funding will come from the individual departments budget and they will be responsible for monitoring their own expenditures.

WHY ACTION IS NECESSARY:

According to Section 9.4.1 of the Lee County Purchasing and Payment Procedures Manual, approved by the Board on 3/21/00, purchases over the $50,000.00 must be approved by the Board.

WHAT ACTION ACCOMPLISHES:

Increases the capability of accessing more lines with greater transfer capability by upgrading to the 120-line module.  (#20020583-Public Safety)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve recommended alignment #5 for the Palmetto Avenue Extension from Winkler Avenue to Hanson Street and recommended alignment #2 from Hanson Street to Dr. Martin Luther King, Jr. Boulevard, as already approved by the Fort Myers City Council.  Authorize the Chairman to execute the interlocal agreement between the County and the City of Fort Myers for the right-of-way acquisition phase of the Palmetto Extension.  Approve a transfer of funds in the amount of $625,000 from Transportation Capital Improvement Fund reserves to the Palmetto Extension project (CIP # 4073).

WHY ACTION IS NECESSARY:

Florida case law dictates that alignment decisions should be made with due consideration of at least 5 particular relevant factors.  Board authorization is required for execution of interlocal agreements.  Board approval required for transfer of reserves and CIP amendment.

WHAT ACTION ACCOMPLISHES:

Officially establishes roadway alignment for this important CIP project and establishes record of factors considered in alignment selection, allows the right-of-way phase to proceed as a jointly-funded effort between Lee County and the City of Fort Myers, and provides sufficient funds for the County’s share of the right-of-way phase.

 (#20020586-Transportation)

 

(b)

ACTION REQUESTED:

Approve Bid Waiver #W-020496 to waive the formal quotation procedure and allow Lee County DOT – Operations to purchase one (1) new VAC-CON combination sewer cleaner truck from Southern Sewer Equipment Sales & Service; which is the exclusive/sole-source dealer for the VAC-CON product line; at a price of $192,440.00.

WHY ACTION IS NECESSARY:

According to Section 9.4.1 of the Lee County Purchasing & Payment Procedures Manual, approved by the Board on 3/21/00, purchases over $50,000.00 must be approved by the Board.

WHAT ACTION ACCOMPLISHES:

This new equipment will allow DOT – Operations to replace its present VAC-CON truck that, with age, has become increasingly unreliable and costly to maintain; and which has met Fleet Management’s replacement criteria.  This equipment is used on a constant basis to flush and clean drainage pipes.  (#20020548-Transportation)

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Direct extension of Communication Tower Interim Ordinance (Lee County Ordinance No. 01‑20).  Recommended hearing dates are as follows:  LDC Advisory Committee (LDCAC): June 10, 2002; Management & Planning (M&P): June 3, 2002; Executive Regulatory Oversight Committee (EROC): June 5, 2002; Local Planning Agency: June 10, 2002; First Public Hearing: June 25, 2002; Second Public Hearing: July 9, 2002.

WHY ACTION IS NECESSARY:

Public Hearings are necessary to adopt amendments to the LDC.

WHAT ACTION ACCOMPLISHES:

Set hearing dates before the LDCAC, M&P, EROC, LPA and Board of County Commissioners.  (#20020587-County Attorney)

 

 

(b)

ACTION REQUESTED:

Consider, approve and authorize the Chairman’s execution of an Amended and Restated Interlocal Agreement with the City of Sanibel relating to the improvements, operations and maintenance and tolls distribution for the County’s “Sanibel Bridges and Causeway System”.

WHY ACTION IS NECESSARY:

Required as part of the Chapter 164 “Governmental Disputes” Conflict Resolution Process for setting the disputed issues as raised by the City of Sanibel with respect to the modification, repair and replacement of certain aspects of the Sanibel Bridges and Causeway System.

WHAT ACTION ACCOMPLISHES:

Provides a final resolution consistent with the requirements of Chapter 164, F.S., (Governmental Disputes”) invoked by the City of Sanibel with respect to the County’s proposed modifications, repairs and replacement of certain aspects of the County’s Sanibel Bridges and Causeway System.  (#20020606-County Attorney)

 

 

(c)

ACTION REQUESTED:

Approve settlement in Lee County v. Gatorland Vistas, Inc.; Case No.  99-7850-CA; Del Prado Extension.

WHY ACTION IS NECESSARY:

To approve settlement.

WHAT ACTION ACCOMPLISHES:

Settles all claims for the taking except fees and costs. (#20020619-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS