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 18, 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 Chuck Smith

Broadway Church of God

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

 

 

·   

Chief Arnold Gibbs Retirement Resolution

 

 

(Commissioner Janes-#20020664)

 

 

 

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

CONSENT AGENDA

June 18, 2002

 

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Present to the Board for information and filing the Object Code #504015 Expenditure Report for the second quarter of FY01-02 (January through March 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.  (#20020638-County Manager)

 

 

(b)

ACTION REQUESTED:

Approve the attached list of Public Official Faithful Performance Bonds.

WHY ACTION IS NECESSARY:

To comply with the provisions of F.S. 137.05.

WHAT ACTION ACCOMPLISHES:

Assures compliance with above provisions.  (#20020663-Risk Management)

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Accept a Petition VAC2002-00019 to vacate 5 (five) 10' Public Utility and Drainage Easements located between the common lot line of lots 735 &, 736; 736 & 738; 739 & 741; 741 & 742; and 740 & 742; Block 7, Island VII, Cherry Estates as recorded in Plat Book 29, Pages 54 - 64, among the Public Records of Lee County, Florida, Section 35, Township 45, Range 22, and adopt a Resolution setting a Public Hearing for 5:00 p.m. on the 13th day of August, 2002, and except replacement easements between common lot lines of lots 735-A & 737-A; 739-A & 741-A; 741-A & 740-A; and 736-A & 738-A.

WHY ACTION IS NECESSARY:

To facilitate the relocation of the referenced mobile home lot lines to create new lot dimensions. . The proposed vacation will not alter or impact existing drainage or utilities and are not required to accommodate any future drainage needs. Replacement utility easements centered on the new lot lines are being provided as requested by applicable utility service providers.

WHAT THE ACTION ACCOMPLISHES:

Sets the time and date of the Public Hearing.  (#20020589-Development Services)

 

 

(b)

ACTION REQUESTED:

Accept a Petition VAC2002-00013 to Vacate 12’ wide Public Utility and Drainage Easement centered on the following lot lines common to Lots 3 and 4, Block 43, Lehigh Acres, as recorded in Deed Book 254, Page 65, of the Public Records of Lee County, Florida and adopt a Resolution setting a Public Hearing for 5:00 p.m. on the 13th day of August, 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.  (#20020634-Development Services)

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approval of a Joint Participation Agreement and Authorizing Resolution with the Florida Dept. of Transportation for the FY02 Transit Block Grant Program funds.

WHY ACTION IS NECESSARY:

To obtain FY02 Transit operating assistance through the State Block Grant Program this agreement must be formally entered into by Lee County.

WHAT ACTION ACCOMPLISHES:

This will enable LeeTran to receive $ 1,087,971 in operating assistance from the FDOT for FY02. This is applied to the eligible administration, management and operating expenses incurred while providing public transit service in Lee County.  (#20020636-Transit)

 

 

(b)

ACTION REQUESTED:

Approval of a Joint Participation Agreement and Authorizing Resolution with the Florida Dept. of Transportation for FY02 – FY06 Transit Corridor Grant Program funds.

WHY ACTION IS NECESSARY:

To obtain FY02-FY06 Transit operating assistance through the Transit Corridor Grant Program this agreement must be formally entered into by Lee County.

WHAT ACTION ACCOMPLISHESL:

This will enable LeeTran to receive $5,600,000 of grant funds to continue the operation of the US 41 Corridor Route #140. This grant will be applied to the eligible operating expenses of the route for FY02-FY06.  (#20020637-Transit)

 

 

(c)

ACTION REQUESTED:

Grant a Perpetual Utility Easement to Florida Water Services Corporation, pursuant to the terms and conditions as set forth in the easement document; authorize the Division of County Lands to handle all documentation necessary to complete this transaction.

WHY ACTION IS NECESSARY:

The Board must formally approve all real estate conveyances from Lee County.

WHAT ACTION ACCOMPLISHES:

Grants a perpetual utility easement that will allow Florida Water Services to install and maintain water and sewer facilities servicing Veteran’s Park - Phase II.  (#20020644-County Lands)

 

 

(d)

ACTION REQUESTED:

Approve the recommendations of the Conservation Lands Acquisition and Stewardship Advisory Committee to pursue the acquisition of four properties totaling approximately 884 acres in various locations throughout the County.  Authorize the Division of County Lands to begin the acquisition process for the properties known as Conservation 2020 Nominations 199, 204, 206, and 209.

WHY ACTION IS NECESSARY:

Required by Lee County Ordinance 96-12.

WHAT ACTION ACCOMPLISHES:

Begins the process of negotiation and purchase of certain, identified environmentally sensitive lands as set forth by County Ordinance 96-12 and the Conservation 2020 Program.  (#20020624-County Lands)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Approve and authorize Chairman to sign a Waste Tire Grant Application for FY 02-03 and sign and accept the Grant Agreement at the appropriate time if the Grant is issued by the Florida Department of Environmental Protection.  Matching funds are not required.

WHY ACTION IS NECESSARY:

The State requires certification that the person signing the grant application possesses the authority to apply for the grant on behalf of the County. Additionally, FDEP requires the person signing acceptance forms be authorized by the governing Board.

WHAT ACTION ACCOMPLISHES:

Satisfies State guidelines for grant applicants and recipients.  (#20020641-Solid Waste)

 

 

(b)

ACTION REQUESTED:

Approve Resolution requesting funding for fiscal year 2003-2004 from the State of Florida Department of Environmental Protection Beach Erosion Control Program in accordance with Florida Statute Chapter 161 for the Lee County Long Range Beach Erosion Control Budget Plan.

WHY ACTION IS NECESSARY:

To obtain funding for fiscal year 2003-2004

WHAT ACTION ACCOMPLISHES:

Supports funding request for Lee County long-range beach erosion control budget plan.  (#20020643-Natural Resources)

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Award B-02-09 CORKSCREW ROAD LANDSCAPE IRRIGATION PROJECT, to the lowest responsive, responsible bidder meeting all bidding requirements, Big Tree Inc., for a total not-to-exceed contract amount of $209,179.21, with a project completion time of 485 calendar days.

WHY ACTION IS NECESSARY:

Pursuant to Administrative Code AC-4-4 Lee County Contracts Manual, approved by the Board on September 25, 2001, projects estimated to be over $50,000.00 will be executed through the formal advertised sealed bid procedure.

WHAT ACTION ACCOMPLISHES:

Installation of plant material, underground irrigation system, well, pump, electrical, directional boring, and landscape and irrigation maintenance.  (#20020578-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve final acceptance, by Resolution, as a donation for one 4” diameter fire line and a 2” diameter force main serving Bass Road Professional Centre (f/k/a Lee Physicians Group at HealthPark).  This is a Developer contributed asset and the project is located on the east side of Bass Road approximately ¼ mile north of Summerlin Road.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to the recently constructed office building.

WHAT ACTION ACCOMPLISHES:

Places the water service, fire line and force main into operation and complies with the Lee County Utilities Operations Manual.  (#20020617-Utilities)

 

 

(b)

ACTION REQUESTED:

Approve final acceptance, by Resolution, as a donation of a water distribution system, and a gravity collection system serving Legends Tract ‘N’.  This is a developer-contributed asset and the project is located on the west side of Fiddlesticks Boulevard across from The Olde Hickory Club and just north of Fiddlesticks Country Club.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Places the water and sewer systems into operation and complies with the Lee County Utilities Operations Manual.  (#20020618- Utilities)

 

 

(c)

ACTION REQUESTED:

Approve Supplemental Task Authorization (STA) No. 5 to Harper Partners Inc. for CN-98-05 MISCELLANEOUS ARCHITECTURAL SERVICES (Contract No. 692) to the Lee County Utilities Customer Service Facility for improvements to the College Parkway WTP Facilities in the amount of $24,500.00.  This STA along with two (2) previously issued STA’s results in a combined total of $64,000.00 for these facilities.

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 architectural services for the Lee County Utilities Customer Services Facility.  (#20020620-Utilities)

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Direct the proposed option for repealing and replacing of Lee County Blasting Ordinance No. 99-07 to public hearing as follows: Local Planning Agency: July 22, 2002 at 8:30 a.m.; First Public Hearing: August 13, 2002 at 5:00 p.m.; Second Public Hearing: August 27, 2002 at 5:00 p.m.

WHY ACTION IS NECESSARY:

Public Hearings are necessary to adopt Ordinances.

WHAT ACTION ACCOMPLISHES:

Sets hearing dates before LPA and BOCC for advertising purposes.  (#20020364-County Attorney)

 

 

(b)

ACTION REQUESTED:

Execute a Quit Claim Deed to extinguish any County interest that may exist in a 100-foot easement strip running along the South side of Daniels Parkway and across property located at the corner of Eagle Ridge and Daniels Parkway.

WHY ACTION IS NECESSARY:

The Board approval is necessary to properly execute a County Deed.

WHAT ACTION ACCOMPLISHES:

It clears any cloud on the title to the property created by a “subject to” reference in the Deed recorded at O.R. Book 1552, Page 2357.  (#20020650-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).  (#20020665-Clerk of Courts)

 

 

(b)

ACTION REQUESTED:

Approve Minutes of the following Board of County Commissioner Meetings: March 13, 2000 (Special); June 14, 2000 (Budget); October 3, 2000 (Regular); January 9, 2001 (Regular); January 30, 2001 (Regular); February 6, 2001 (Regular); February 13, 2001 (Regular); April 17, 2001 (Regular); April 24, 2001 (Regular); May 8, 2001 (Regular).  (#20020666-Clerk of Courts)

 

 

(c)

ACTION REQUESTED:

Approve Minutes of the following Board of County Commissioner Meetings: May 29, 2001 (Regular); June 5, 2001 (Regular); June 19, 2001 (Regular); November 13, 2001 (Regular); December 11, 2001 (Regular); January 14, 2002 (Special); February 13, 2002 (Goal Workshop); March 26, 2002 (Regular); April 1, 2002 (Management and Planning); April 29, 2002 (Zoning); May 6, 2002 (Management and Planning).  (#20020667-Clerk of Courts)

 

 

ADMINISTRATIVE AGENDA

June 18, 2002

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Approve a Service Provider Agreement with Lee Memorial Health System for the purposes of collecting and recycling various paper materials from the Cape Coral, Health Park, and Lee Memorial hospitals.

WHY ACTION IS NECESSARY:

Board Approval is required because of the County service responsibilities contained in this agreement.

WHAT ACTION ACCOMPLISHES:

Allows the County’s Solid Waste Division to provide collection service and recycle paper materials from the three hospitals in the Lee Memorial Hospital System.  (#20020652-Solid Waste)

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Approve and authorize the County Manager to execute attached letter providing authority to the City of Cape Coral Police Department to come onto the Cape Coral Transfer Center to remove trespassers from premises.

WHY ACTION IS NECESSARY:

The Board of County Commissioners must approve all Interlocal and Intergovernmental Agreements.

WHAT ACTION ACCOMPLISHES:

Provides authority for the Cape Coral Police Department officials to remove trespassers at any and all times from the Cape Coral Transfer Center.  (#20020627-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

 

15.

CONSTITUTIONAL OFFICERS