District #1

Bob Janes

 

District #2

Douglas St. Cerny

District #3

Ray Judah

Chairman

District #4

Andrew W. Coy

District #5

John E. Albion

Vice-Chairman

Donald D. Stilwell,

County Manager

 

James G. Yaeger, County Attorney

 

March 11, 2003

Please fill out a “Request to Comment” card if you plan to address the Board and return it to the Clerk at the left of the podium prior to the start of the meeting.

All back up for this agenda is available in the Public Resources Office, 1st Floor, Administration Building

Additional information is available on the Internet at http://www.lee-county.com

PLEASE NOTE:  The Board may take action in its capacity as the Port Authority or Government Leasing Corporation.

COMMISSION CHAMBERS, 2120 MAIN STREET, FORT MYERS, FLORIDA

 

9:30 AM

Invocation:

Pastor Robert Murphy

Harvest Ministries

 

 

 

 

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

CONSENT AGENDA

March 11, 2003

 

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

Approve waiving of the formal process for BW-03-04 Justice Center Fuel Installation, and approve STA #1 under CN-02-24 County-Wide Environmental Contract to Water Resource Solutions in the amount of $21,636.00.  The total project cost will be approximately $66,353.00.

WHY ACTION IS NECESSARY:

In accordance with the Lee County Contract Manual, approved by the Board on September 25, 2001, Bid Waivers and expenditures over $50,000.00 require Board approval.

WHAT ACTION ACCOMPLISHES:

Allows for the completion of the Justice Center Fuel Tank Installation.  (#20030220-Contracts)

 

 

(b)

ACTION REQUESTED:

Award and authorize staff to enter into a Construction Manager Agreement for RFQ-03-01 Remodeling of Lee County Human Services Building, to Brooks & Freund for the sum of seven percent (7%) of the total construction cost of the project.

WHY ACTION IS NECESSARY:

Pursuant to Administrative Code AC-4-4 Lee County Contract Manual for Construction projects, approved by the Board on September 25, 2001, construction projects estimated to be over $50,000 will be executed through the formal advertised process.

WHAT ACTION ACCOMPLISHES:

Provide construction management services for the construction of the remodeling of an existing 18,000 square foot +/- building, located at the corner of   Dr. Martin Luther King Boulevard and Thompson Street, which will be the future home of the Lee County Department of Human Services.  (#20030249-Construction and Design)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Execute amendments to Contracts C-1818 and C-2016 between the Lee County Board of County Commissioners and Dunbar Industrial Action Development (DIAD): Contract C-1818-construction of 4 houses for low-income homebuyers (previously 2 very low and 2 low); Contract C-2016-construction of 2 houses for low-income homebuyers (previously 1 very low and 1 low).

WHY ACTION IS NECESSARY:

These contract amendments are technical in nature and will allow Dunbar Industrial Action Development (DIAD) to complete its contractual obligations with the county.

WHAT ACTION ACCOMPLISHES:

Allows the County to amend the grant award agreements with the grant recipient (DIAD) who will use the money for construction of affordable housing.  (#20030183-Planning)

 

 

(b)

ACTION REQUESTED:

Accept a Petition VAC2002-00053 to Vacate a 12-foot wide Drainage and/or Public Utility Easement common to Lots 25 & 26, Block 26, Unit 5, a subdivision of Lehigh Acres, in Lehigh Acres, Florida.  Adopt a Resolution setting a Public Hearing for 5:00 p.m. on the 8th day of April 2003.

WHY ACTION IS NECESSARY:

To build a single-family residence on the combined lots. The vacation of this Drainage and/or Public Utility Easement will not alter existing drainage and utility conditions and the easement is not necessary for future drainage and utility requirements.

WHAT ACTION ACCOMPLISHES:

Setting the time and date of the Public Hearing.  (#20030187-Development Services)

 

 

(c)

ACTION REQUESTED:

Adopt a resolution approving two amendments to the 2002/2003 – 2004/2005 Lee County Local Housing Assistance Plan (LHAP) and approve transmittal of the amended LHAP to the Florida Housing Finance Corporation.  Authorize the County Administrator to make minor revisions that may be required for final state approval.

WHY ACTION IS NECESSARY:

Approval of the amendments to the LHAP by resolution is a requirement of the State Housing Initiatives Partnership (SHIP) affordable housing program.

WHAT ACTION ACCOMPLISHES:

Approval will enable continuing effective participation in the SHIP Program.  (#20030196-Planning)

 

 

(d)

ACTION REQUESTED:

Adopt a resolution approving an amendment to the 1999/2000 - 2001/2002 Lee County Local Housing Assistance Plan (LHAP) and approve transmittal of the amended LHAP to the Florida Housing Finance Corporation.  Authorize the County Administrator to make minor revisions that may be required for final state approval.

WHY ACTION IS NECESSARY:

Approval of the amendments to the LHAP by resolution is a requirement of the State Housing Initiatives Partnership (SHIP) affordable housing program.

WHAT ACTION ACCOMPLISHES:

Approval will enable continuing effective participation in the SHIP Program.  (#20030197-Planning)

 

 

(e)

ACTION REQUESTED:

Accept a Petition VAC2002-00017 to Vacate an un-built portion of E. Town & River Dr. adjacent to Lot 17 & Tract “C”, as recorded in Plat Book 12, Page 143 and adopt a Resolution setting a Public Hearing for 5:00 p.m. on the 8th day of April 2003.

WHY ACTION IS NECESSARY:

The applicant has maintained the area in the past and would like to continue to maintain the area. No new construction is proposed within the easement area to be vacated. The applicant has complied with all of the requirements of A.C. 13-1 & A.C. 13-8 and all of the reviewing entities have issued review and recommendation letters of no objection. The vacation of these rights-of-way will not alter traffic conditions and the rights-of-way are not necessary to accommodate any future traffic requirement.

WHAT ACTION ACCOMPLISHES:

Sets the time and date of the Public Hearing.  (#20030200-Development Services)

 

5.

HUMAN SERVICES

 

 

(a)

ACTION REQUESTED:

Approve a Contract Amendment between the Board of County Commissioners and Florida Department of Community Affairs for Lee County to receive an additional $40,634 in Community Services Block Grant (CSBG) funds; approve a budget resolution amendment; authorize the Board Chairman to sign a second upcoming modification releasing the final 25% of the CSBG allocation.

WHY ACTION IS NECESSARY:

To execute an agreement to receive additional CSBG funding and to establish an increase in budget.

WHAT THE ACTION ACCOMPLISHES:

Provides an additional $40,634 for education, employment and emergency assistance for eligible Lee County households for a total allocation of $155,372.  (#20030260-Human Services)

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve the acquisition of Parcel 249, for the Three Oaks Parkway South Extension Project No. 4043, in the amount of $73,000, pursuant to the terms and conditions 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.  (#20030016-County Lands)

 

 

(b)

ACTION REQUESTED:

Approve the acquisition of Parcel 235, for the Three Oaks Parkway South Extension Project No. 4043, in the amount of $54,000, pursuant to the terms and conditions 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.  (#20030017-County Lands)

 

 

(c)

ACTION REQUESTED:

Approve Project # PB030249, the utilization (piggyback) of the Western States Contracting Alliance’s agreement, which has gone through their competitive negotiation process, for the annual purchase of Dell personal computers, servers, and related peripherals for use by various departments and divisions throughout the County; from Dell Marketing LP; and authorize the Board Chairman on behalf of the BOCC to execute and sign the accompanying contract.  The County presently expends approximately $1.5 million dollars annually for Dell personal computers, related hardware and peripherals.  Contract pricing represents a 10% discount off of the Dell retail price list (vs. 6.58% achieved on the Florida State Contract–the current procurement methodology).  Authority is requested to expend the funds necessary to purchase this equipment on an as-needed basis using this agreement through its full term (expiration date is 9/4/04).

WHY ACTION IS NECESSARY:

According to Section 9.4.1 of the Lee County Purchasing & Payment Procedures Manual, approved by the Board on 7/9/02, purchases over $50,000.00 must be approved by the Board.

WHAT ACTION ACCOMPLISHES:

Allows Lee County departments and divisions to obtain Dell personal computers, related hardware and peripherals in a cost effective, efficient, and timely manner.  (#20030042-Purchasing)

 

 

(d)

ACTION REQUESTED:

Approve the acquisition of Parcel 201, for the Three Oaks Parkway South Extension Project No. 4043, in the amount of $42,000, pursuant to the terms and conditions 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.  (#20030135-County Lands)

 

 

(e)

ACTION REQUESTED:

Approve the acquisition of Parcel 204, for the Three Oaks Parkway South Extension Project No. 4043, in the amount of $87,000, pursuant to the terms and conditions 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.  (#20030137-County Lands)

 

 

(f)

ACTION REQUESTED:

Approve the acquisition of Parcel 205, for the Three Oaks Parkway South Extension Project No. 4043, in the amount of $112,000, pursuant to the terms and conditions 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.  (#20030141-County Lands)

 

 

(g)

ACTION REQUESTED:

Approve the acquisition of Parcel 221, for the Three Oaks Parkway South Extension Project No. 4043, in the amount of $66,000, pursuant to the terms and conditions 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.  (#20030142-County Lands)

 

 

(h)

ACTION REQUESTED:

Approve the acquisition of Parcel 223, for the Three Oaks Parkway South Extension Project No. 4043, in the amount of $59,000, pursuant to the terms and conditions 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.  (#20030143-County Lands)

 

 

(i)

ACTION REQUESTED:

Approve the acquisition of Parcel 251, for the Three Oaks Parkway South Extension Project No. 4043, in the amount of $68,000, pursuant to the terms and conditions 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.  (#20030144-County Lands)

 

 

(j)

ACTION REQUESTED:

Approve the acquisition of Parcel 328, for the Three Oaks Parkway South Extension Project No. 4043, in the amount of $53,000, pursuant to the terms and conditions 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.  (#20030145-County Lands)

 

 

(k)

ACTION REQUESTED:

Authorize the Division of County Lands to make a binding offer to the property owners in the amount of $7,000.00 for Parcel 300 and $3,000.00 for Parcel 300-A, Alico Road Widening, from west of I-75 to east of Old US 41, Project No. 4030, pursuant to the terms and conditions set forth in the Purchase Agreement; authorize Chairman on behalf of the BOCC to execute Purchase Agreement if offer is accepted by Seller; authorize the Division of County Lands to handle and accept all documentation necessary to complete this transaction and payment of all recording fees.

WHY ACTION IS NECESSARY:

The Board must formally authorize the making of a binding offer to a property owner pursuant to F.S. §73.015 prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner as required by F.S. §73.015, as amended.  (#20030173-County Lands)

 

 

(l)

ACTION REQUESTED:

Approve the acquisition of Parcel 224, for the Three Oaks Parkway South Extension Project No. 4043, in the amount of $94,000, pursuant to the terms and conditions 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.  (#20030178-County Lands)

 

 

(m)

ACTION REQUESTED:

Approve the acquisition of Parcel 212, for the Three Oaks Parkway South Extension Project No. 4043, in the amount of $40,000, pursuant to the terms and conditions 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.  (#20030179-County Lands)

 

 

(n)

ACTION REQUESTED:

Approve the acquisition of Parcel 211, for the Three Oaks Parkway South Extension Project No. 4043, in the amount of $85,000, pursuant to the terms and conditions 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.  (#20030180-County Lands)

 

 

(o)

ACTION REQUESTED:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $3,550.00, for Parcel 106, Palmetto Extension, Project No. 4073, pursuant to the terms and conditions set forth in the Purchase Agreement; authorize Chairman on behalf of the BOCC to execute Purchase Agreement if offer is accepted by Seller; authorize the Division of County Lands to handle and accept all documentation necessary to complete this transaction and payment of all recording fees.

WHY ACTION IS NECESSARY:

The Board must formally authorize the making of a binding offer to a property owner pursuant to F.S. '73.015 prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner as required by F.S. '73.015, as amended.  (#20030061-County Lands)

 

 

(p)

ACTION REQUESTED:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of  $ 7,400.00, for Parcel 114, Palmetto Extension, Project No. 4073, pursuant to the terms and conditions set forth in the Purchase Agreement; authorize Chairman on behalf of the BOCC to execute Purchase Agreement if offer is accepted by Seller; authorize the Division of County Lands to handle and accept all documentation necessary to complete this transaction and payment of all recording fees.

WHY ACTION IS NECESSARY:

The Board must formally authorize the making of a binding offer to a property owner pursuant to F.S. '73.015 prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner as required by F.S. '73.015, as amended.  (#20030211-County Lands)

 

 

(q)

ACTION REQUESTED:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $54,700.00, for Parcel 104, Palmetto Extension, Project No. 4073, pursuant to the terms and conditions set forth in the Purchase Agreement; authorize Chairman on behalf of the BOCC to execute Purchase Agreement if offer is accepted by Seller; authorize the Division of County Lands to handle and accept all documentation necessary to complete this transaction, including a Grant of Right of Entry and payment of all recording fees.

WHY ACTION IS NECESSARY:

The Board must formally authorize the making of a binding offer to a property owner pursuant to F.S. '73.015 prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner as required by F.S. '73.015, as amended.  (#20030062-County Lands)

 

 

(r)

ACTION REQUESTED:

Approve the acquisition of Parcel 252, for the Three Oaks Parkway South Extension Project No. 4043, in the amount of $72,000, pursuant to the terms and conditions 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.  (#20030207-County Lands)

 

 

(s)

ACTION REQUESTED:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $6,550.00, for Parcel 103, Palmetto Extension, Project No. 4073, pursuant to the terms and conditions set forth in the Purchase Agreement; authorize Chairman on behalf of the BOCC to execute Purchase Agreement if offer is accepted by Seller; authorize the Division of County Lands to handle and accept all documentation necessary to complete this transaction, including a Grant of Right of Entry and payment of all recording fees.

WHY ACTION IS NECESSARY:

The Board must formally authorize the making of a binding offer to a property owner pursuant to F.S. '73.015 prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner as required by F.S. '73.015, as amended.  (#20030208-County Lands)

 

 

(t)

ACTION REQUESTED:

Approve the acquisition of Parcels 104 & 105 by accepting a Perpetual Easement for the Cypress Lake Drive Widening, Project No. 4064; pay necessary costs and fees to close; 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 the easement during the voluntary phase of the project, thereby the Board avoids the need to exercise its power of Eminent Domain at a future date.  (#20021495-County Lands)

 

 

(u)

ACTION REQUESTED:

Approve the acquisition of Parcel 109-B by accepting a Perpetual Easement and a Construction Agreement for the Cypress Lake Drive Widening, Project No. 4064; pay necessary costs and fees to close; 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 the easements during the voluntary phase of the project, thereby the Board avoids the need to exercise its power of Eminent Domain at a future date.  (#20021496-County Lands)

 

 

(v)

ACTION REQUESTED:

Approve the acquisition of Parcel 214, for the Three Oaks Parkway South Extension Project No. 4043, in the amount of $67,000, pursuant to the terms and conditions 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.  (#20030227-County Lands)

 

 

(w)

ACTION REQUESTED:

Approve award of Formal Quotation No.: Q-030092 TRANSMISSION REBUILDS for Lee County Transit Division, to the low quoter meeting specifications, Reliable Transmission Service, Inc., at the prices listed on the attached Lee County tabulation sheet (it should be noted that the division has elected to award section I only). The initial term of this quote is one (1) year; also request authority to renew this quote for four (4) additional one (1) year periods, at the same terms and conditions, if in the best interest of Lee County; and to exercise the price escalator clause as per the specifications on an as needed basis.  Funding will come from the individual department or division’s budget whom will be responsible for monitoring their individual expenditures.  Lee Transit estimates expending approximately $70,000.00 on an annual basis for transmission rebuilds.

WHY ACTION IS NECESSARY:

The expenditures for this service necessitates the use of a formal written quotation as outlined within the Lee County Purchasing and Payment Procedures Manual, Section 9.

WHAT ACTION ACCOMPLISHES:

Allows the Lee County Transit Division to obtain transmission rebuilding services as needed for its fleet of buses.  (#20030238-Transit)

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Approve a two-year Certificate of Public Convenience and Necessity (CON) for Fort Myers Beach Fire Control District.

WHY ACTION IS NECESSARY:

CON required by Florida Statue 401.25 (d) for renewal of EMS provider license application.

WHAT THE ACTION ACCOMPLISHES:

Allows Fort Myers Beach Fire Control District to be recertified by the Bureau of EMS as an ALS Provider for two years.  (#20030202-EMS)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Approve waiving of the formal bid process and accept the “informal” bid process for BW-03-03 for the South Groin Rehabilitation on Bonita Beach and award to Kelly Brothers Inc., for a total lump sum amount of $54,850.00.

WHY ACTION IS NECESSARY:

Pursuant to the Lee County Contract Manual, approved by the Board on September 25, 2001, bid waivers with expenditures in excess of $50,000.00 require Board approval.

WHAT ACTION ACCOMPLISHES:

Allows for Natural Resources to complete the South Groin Rehabilitation on Bonita Beach.  (#20030219-Natural Resources)

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve award of the following project for the Department of Transportation:  # PB030307, the purchase of one (1) new LeeBoy 685 motor grader from L.B. Smith, Inc. at a price of $84,384.00 via a piggyback of the City of Punta Gorda’s Formal Bid #F02043-EQ.

WHY ACTION IS NECESSARY:

Section 11.0.3.1 of the Lee County Purchasing and Payment Procedures Manual exempts “the purchase of equipment that has gone through the Administrative Code Procedure, such as State Contracts or Federal General Services Administration Schedules, providing the purchase, rental, or lease amount does not exceed $50,000.00.”  As this expenditure will exceed $50,000.00, Board approval is required.

WHAT ACTION ACCOMPLISHES:

This purchase allows Lee County DOT to replace an aging motor grader (#019412); which has met Fleet Management’s replacement criteria for maximum age and maintenance costs.  (#20030177-Transportation)

 

 

(b)

ACTION REQUESTED:

Approve Change Order No. 3 to Contract No. 4055 to Pitman-Hartenstein Inc. for CN-99-04 GUNNERY ROAD IMPROVEMENTS FROM SR 82 TO OPPOSITE DANIELS PARKWAY EXTENSION TO LEE BOULEVARD

in the amount of $59,145.48.

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 Change Orders in excess of $50,000.00 to Professional Services Agreements.

WHAT ACTION ACCOMPLISHES:

Provides for revisions to the current contract for Gunnery Road Improvements from SR 82 to opposite Daniels Parkway Extension to Lee Boulevard.  (#20030186-Transportation)

 

 

(c)

ACTION REQUESTED:

Approve Change Order #2 to T.Y. Lin International for CN-01-19 Summerlin Road Six-Laning from San Carlos Boulevard to Gladiolus (Contract No. 4067) in the amount of $200,093.80, for a total contract amount of $2,262,891.99.

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 Change Orders in excess of $50,000.00 to Professional Services Agreements.

WHAT ACTION ACCOMPLISHES:

The Consultant to provide additional services for design and traffic studies for the project known as Summerlin Road Six-Laning from San Carlos Boulevard to Gladiolus.  To expand the limits of Gladiolus Drive by adding approximately 1800 feet of roadway reconstruction.  (#20030204-Transportation)

 

 

(d)

ACTION REQUESTED:

Award the Professional Services Agreement for CN-02-23 SANIBEL BRIDGE TOLL PLAZA RECONSTRUCTION & CAPE CORAL TOLL PLAZA RECONSTRUCTION, to URS Corporation, for a total contract amount of $1,804,977.97.

WHY ACTION IS NECESSARY:

Pursuant to the Contract Manual, approved by the Board on September 25, 2001, the Board is required to approve all Professional Services Agreements.

WHAT ACTION ACCOMPLISHES:

This project involves the Consultant providing engineering/architectural services to include surveys, preparing an environmental impact summary, develop traffic data, final plans and specifications, coordinating all utility system adjustments, preparing cost estimates, bid documents, contracts and all government permit applications for the Sanibel Bridge Toll Plaza Reconstruction (including a new administration building) and Cape Coral Bridge Toll Plaza Reconstruction.  (#20030222-Transportation)

 

 

(e)

ACTION REQUESTED:

Award the Professional Services Agreement for CN-02-29 SANDY LANE EXTENSION CORRIDOR ALIGNMENT STUDY, to Cella & Associates Inc. for a total contract amount of $216,419.78.

WHY ACTION IS NECESSARY:

Pursuant to the Contract Manual, approved by the Board on September 25, 2001, the Board is required to approve all Professional Services Agreements.

WHAT ACTION ACCOMPLISHES

This project involves the Consultant providing professional services to perform those environmental, and engineering services required for a Corridor Alignment Study.  This includes consideration of all social, economic, and environmental effects, and mitigation as required by the County.  (#20030232-Transportation)

 

 

(f)

ACTION REQUESTED:

Approve Local Agency Program Agreement with the Florida Department of Transportation for Adding Left Turn Lanes, Pine Ridge at San Carlos Blvd. Project in the amount of $174,624.00. Also, approve budget resolution for revenues and expenditures and amend FY03-07 Capital Improvement Program. And, approve authorizing resolution for Chairman to execute agreement.

WHY ACTION IS NECESSARY:

Requires BOCC approval for agreements and amendments to CIP.

WHAT ACTION ACCOMPLISHES:

Allows County to proceed with adding left turn lanes at the intersection of Pine Ridge Road and San Carlos Blvd.  (#20030216-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve construction of one 1-1/2”diameter effluent reuse meter station and recording of an “Agreement for the Delivery and Use of Reclaimed Effluent Water” between Lee County and McGregor-Pine Ridge, LLC for a project known as 7-Eleven Convenience Store #33193.  This is a Developer Contributed Asset and the project is located on the southwest corner of Pine Ridge Road and McGregor Boulevard.

WHY ACTION IS NECESSARY:

Provides effluent reuse service for the irrigation of open green space for the proposed Convenience Store.

WHAT ACTION ACCOMPLISHES:

Complies with the Lee County utilities Operations Manual and provides an adequate source of irrigation.  (#20030168-Utilities)

 

 

(b)

ACTION REQUESTED:

Approve final acceptance by Resolution, as a donation of a water distribution system and gravity collection system serving Renaissance, Phase 3.  This is a developer contributed asset project located on the north side of Daniels Parkway west of I-75.

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.  (#20030172-Utilities)

 

 

(c)

ACTION REQUESTED:

Approve final acceptance, by Resolution, and recording of one utility easement as a donation for a fire hydrant serving 7-Eleven.  This is a Developer contributed asset project is located on the southwest corner of U. S. 41 and College Parkway.

WHY ACTION IS NECESSARY:

To provide fire protection to the recently constructed commercial building.

WHAT ACTION ACCOMPLISHES:

Places the fire hydrant into operation and complies with the Lee County Utilities Operations Manual.  (#20030174-Utilities)

 

 

(d)

ACTION REQUESTED:

Approve construction of a water distribution system, serving Herons Glen – Unit 10.    This is a Developer contributed asset and the project is located approximately 1-1/2 miles west of U.S. 41 and approximately ¼ mile south of the Lee/Charlotte county line.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Complies with the Lee County Utilities Line Extension Policy and provides adequate water infrastructure to support development of the subject property.  (#20030193-Utilities)

 

 

(e)

ACTION REQUESTED:

Approve construction of one 8’’ diameter Master Meter and an off-site force main extension serving Cypress Point; and, authorize the Chairman, on behalf of the BOCC, to sign a Cost-sharing Agreement between Lee County Board of County Commissioners and Watermen of Cypress Point LLC. for over sizing improvements to the proposed off-site force main. This is a Developer contributed asset and the project is located on the west side of Six-Mile Cypress Parkway approximately 1 mile north of Daniels Parkway. The Developer has agreed to proceed with construction of the up-sized force main to be located on the west of Six Mile Cypress Parkway allowing reimbursement for a not-to-exceed amount of $19,550.40 for the upsized portion of the force main extension.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to this proposed 212-unit multi-family residential development.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and provides sanitary sewer service for additional undeveloped properties located on the west side Six Mile Cypress Parkway and complies with the Lee County Utilities Operations Manual.  (#20030005-Utilities)

 

 

(f)

ACTION REQUESTED:

Approve final acceptance, by Resolution, as a donation for one 8” diameter fire line and one fire hydrant serving the Alico Road Center aka Alico Road LLC.  This is a Developer contributed asset project located on the south side of Alico Road approximately 1 mile east of S. Tamiami Trail.

WHY ACTION IS NECESSARY:

To provide fire protection the recently constructed commercial project.

WHAT ACTION ACCOMPLISHES:

Places the fire line and hydrant into operation and complies with the Lee County Utilities Operations Manual.  (#20030206-Utilities)

 

 

(g)

ACTION REQUESTED:

Approve final acceptance by Resolution and recording of three (3) Utility Easements as a donation of a water distribution system and a gravity collection system serving CALOOSA COVE SUBDIVISION.  This is a developer contributed asset project located on the north side of Linton Road, approximately 225’ east of Cook Road.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Places the water and sewer systems into operation and complies with the Lee County Utilities Operations Manual.  (#20030215-Utilities)

 

 

(h)

ACTION REQUESTED:

Approve final acceptance by Resolution, as a donation of water distribution and gravity collection systems serving Danforth Lakes, Phase III.  This is a developer contributed asset project located on the north side of Daniels Parkway east of Cross Creek Estates.

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.  (#20030226-Utilities)

 

(i)

ACTION REQUESTED:

Approve construction of a water distribution and gravity collection system, serving The Palms of McGregor. This is a Developer contributed asset and the project is located on the west side of McGregor Blvd. approximately one mile north of College Parkway.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to this proposed single-family 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.  (#20030228-Utilities)

 

 

(j)

ACTION REQUESTED:

Approve final acceptance by Resolution, as a donation of water distribution and gravity collection systems serving the Fifth Third (5th/3rd) Bank.  This is a developer contributed asset project located on the northwest corner of Daniels Parkway and Metro Parkway.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Places the water and sewer systems into operation and complies with the Lee County Utilities Operations Manual.  (#20030230-Utilities)

 

 

(k)

ACTION REQUESTED:

Approve final acceptance by Resolution and recording of one (1) Utility Easement as a donation of seven water services, one  8” diameter fire line and a gravity main extension serving the Daniels-Metro Park of Commerce.   This is a Developer contributed asset project located on the northwest corner of Daniels Parkway and Plantation Road.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Places the fire line and sewer system into operation and complies with the Lee County Utilities Operations Manual.  (#20030231-Utilities)

 

 

(l)

ACTION REQUESTED:

Approve final acceptance, by Resolution as a donation for one 4’’ diameter fire line serving Cambridge Manor Place.   This is a Developer contributed asset project located on the south side of Cambridge Manor Place between Whitehall Drive and New Brittany Boulevard approximately 250’ south of Brantley Road.

WHY ACTION IS NECESSARY:

To provide fire protection the recently constructed commercial building.

WHAT ACTION ACCOMPLISHES:

Places the fire line into operation and complies with the Lee County Utilities Operations Manual.  (#20030236-Utilities)

 

 

(m)

ACTION REQUESTED:

Approve final acceptance, by Resolution as a donation for one fire hydrant serving the Laguna Lakes Temporary Sales Center.   This is a Developer contributed asset project located on the south side of Gladiolus Drive east of Bass Road.

WHY ACTION IS NECESSARY:

To provide fire protection the recently constructed sales facility.

WHAT ACTION ACCOMPLISHES:

Places the fire hydrant into operation and complies with the Lee County Utilities Operations Manual.  (#20030237-Utilities)

 

11.

PARKS AND RECREATION

 

 

(a)

ACTION REQUESTED:

Request Board approve grant award to the 21st Community Center and First Serve in the amount of $200,000.00 for improving the learning and communication skills of at-risk youth. The 21st grant will give priority to programs that serve “D” schools. Parks and Recreation will be working with at Tice/Dunbar, and J. Colin English, and Ft. Myers Academy (formally Suncoast Elementary) that are in this category.  Revenue string is 11071915500.331720.9003.  No match is required for this grant.

WHY ACTION IS NECESSARY:

To formally accept the grant.

WHAT ACTION ACCOMPLISHES:

To expand on current grant to increase the program to troubled youth in the community.  (#20030233-Parks and Recreation)

 

 

(b)

ACTION REQUESTED:

Formally approve United States Department Agriculture’s Wildlife Habitat Incentives Program (WHIP) Grant and budget Amendment and Resolution for $ 19,991.00. For Caloosahatchee Regional Park to remove 41.6 acres of exotic vegetation, site prep and establish native trees and shrubs. Follow up pest management treatments for 3 years. Revenue Account 11071815500.331390.9003

WHY ACTION IS NECESSARY:

Board must formally accept grants.

WHAT ACTION ACCOMPLISHES:

To continue replacing native trees and shrubs for exotics throughout our Parks.  (#20030234-Parks and Recreation)

 

 

(c)

ACTION REQUESTED:

Approve sole source Waiver # W-030322 to waive formal quotation procedure for the Parks and Recreation Department, for the purchase of US Filter Stranco/Pulsar equipment, product and service through their sole authorized distributor in our locale Commercial Energy Specialists. The term of the waiver would be for one year.  Funding will come from the individual departments budget and they would be responsible for monitoring their own expenditures.  Estimated annual costs are projected to be approximately $85,000.00.

WHY ACTION IS NECESSARY:

According to Section 9.4.1. of the Lee County Purchasing and Payment Procedures Manual, approved by the Board on 7/9/02, purchases over $50,000.00 must be approved by the Board.

WHAT ACTION ACCOMPLISHES:

Allows the Parks and Recreation Department to purchase equipment, product and services of the US Filter Stranco/Pulsar through their sole source distributor Commercial Energy Specialists.  (#20030248-Parks and Recreation)

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Approve and authorize execution and recording of an Agreement between the Riverwalk Cove Condominium Association, Inc. (“Riverwalk Cove”), the Lee County Sheriff and the County for the County’s exercising of County jurisdiction over certain roads within Riverwalk Cove for traffic control purposes.

WHY ACTION IS NECESSARY:

Agreements involving the County’s exercise of jurisdictional control over roadways must be approved and executed by the Board of County commissioners pursuant to Florida Statute.

WHAT ACTION ACCOMPLISHES:

Memorializes a three-party Agreement for the County’s exercise of jurisdictional control over certain private roads for traffic control purposes by the Sheriff.  (#20030240-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).  (#20030225-Clerk of Courts)

 

 

ADMINISTRATIVE AGENDA

March 11, 2003

 

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Request Board of County Commissioners approval to finance the Water and Sewer Refunding Revenue Bonds, Series 2003 (GES) and select Underwriters, Disclosure Counsel and Bond Counsel for this issue.

WHY ACTION IS NECESSARY:

Administration requests recommendation from BOCC prior to initiating financing of Water and Sewer Refunding Revenue Bonds, Series 2003 (GES).

WHAT ACTION ACCOMPLISHES:

Provides BOCC Direction to Administration regarding the possible financing of the Water and Sewer Refunding Revenue Bonds, Series 2003 (GES).  (#20030212-Budget Services)

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

DENY the requested extension of the vacated Master Concept Plan for Pine Island Village Links Country Club.

WHY ACTION IS NECESSARY:

Applicant has applied for a 2-year extension.

WHAT ACTION ACCOMPLISHES:

Does not allow an extension.  (#20021494-Development Services)

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve the purchase of Parcel 216, located West of I-75 and north of Daniels Parkway in Section 10, Township 45 South, Range 25 East, for the Conservation 2020 Land Acquisition Program, Project No. 8800, in the amount of $947,100.00 ($22,000 per surveyed acre), pursuant to the terms and conditions as set forth in the Agreement for Purchase and Sale of Real Estate; authorize the Chairman on behalf of the Board of County Commissioners to sign the Purchase Agreement; authorize payment of necessary fees and costs to close, authorize the Division of County Lands to handle and accept all documentation necessary to complete this transaction.

WHY ACTION IS NECESSARY:

The Board must formally accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:

The acquisition of one of the properties recommended by the Conservation Land Acquisition and Stewardship Advisory Committee and approved for acquisition on Blue Sheet No. 20020808 for Conservation 2020 Program.  (#20030109-County Lands)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Consideration of providing county funding for assisting Lee Memorial Health Systems Trauma Center operations through the State Supplemental Medicaid Payment Program; approval of related agreements and/or direction on other county funding options.

WHY ACTION IS NECESSARY:

Provides Board approval of county funding mechanism or direction on other options to assist Lee Memorial Trauma Center.

WHAT ACTION ACCOMPLISHES:

Provides Board approval for and/or consideration of providing county funding for assisting Lee Memorial Health Systems for Trauma Service purposes.  (#20030129-County Attorney)

 

 

(b)

ACTION REQUESTED:

Make a proposal for settlement of $25,000.00 in Lee County v. Fedrowitz; Case No. 02-10297-CA.

WHY ACTION IS NECESSARY:

To make a binding proposal for settlement.

WHAT ACTION ACCOMPLISHES:

Makes an offer of settlement pursuant to Rule 1.442, F.R.C.P.  (#20030247-County Attorney)

 

 

(c)

ACTION REQUESTED:

Approve settlement in Lee County v. Donald Hinks, et al; Case No. 02-8386-CA (P1553/Chang).

WHY ACTION IS NECESSARY:

Settles all claims for taking of Parcel 1553.

WHAT ACTION ACCOMPLISHES:

Board must approve all settlements.  (#20030251-County Attorney)

 

 

(d)

ACTION REQUESTED:

Approve mediated settlement in Captiva Civic Association, Inc and Michael F. Kelly vs. Lee County, et al.; Case No.  02-9598CA JSC.

WHY ACTION IS NECESSARY:

Consider and approve mediated settlement.

WHAT ACTION ACCOMPLISHES:

Resolves all issues in this case.  (#20030259-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

 

PUBLIC AGENDA

March 11, 2003

                                                                                                                       

5:00 PM

(#1)

Public Hearing

 

ACTION REQUESTED:

Adopt a Resolution on Petition VAC2002-00061 to Vacate a 12-foot wide Public Utility Easement common to Lots 10 and 10A, Block 36, Units 7 and 9, a subdivision of Lehigh Acres, in Lehigh Acres, Florida.

WHY ACTION IS NECESSARY:

To build a single-family residence on the combined lots. The vacation of this Public Utility Easement will not alter existing utility conditions and the easement is not necessary for future utility requirements.

WHAT THE ACTION ACCOMPLISHES:

Vacates a 12-foot wide Public Utility Easement.  (S29-T44S-R27E)  (#5)  (#20030054-Development Services

 

(#2)

Public Hearing

 

ACTION REQUESTED:

Conduct a Public Hearing and consider the adoption of an Ordinance establishing the “Lee County False Alarm Ordinance.”

WHY ACTION IS NECESSARY:

Board must formally adopt an Ordinance at a scheduled, advertised Public Hearing.

WHAT ACTION ACCOMPLISHES:

Provides the Sheriff’s Office with an Ordinance establishing all the requirements necessary for the creation of the False Alarm Program.  (#20030218-County Attorney)

 

(#3)

Public Hearing

 

ACTION REQUESTED:

Conduct Public Hearing and adopt a Resolution approving Petition from Gasparilla Island Water Association, Inc. (GIWA) to adjust it water and sewer rates.

WHY ACTION IS NECESSARY:

As the franchising authority for this not-for-profit utility, Board approval is required for the approval of any modifications to its rates.

WHAT ACTION ACCOMPLISHES:

Provides required Board approval for GIWA to adjust its water and sewer rates.  (#20030194-Utilities)

 

5:05 PM

(#1)

Public Hearing

 

ACTION REQUESTED:

Conduct first public hearing on the adoption of proposed amendments to the Lee County Land Development Code (LDC) provisions related to wireless communication facilities and authorize publication of proposed amendments.  After public hearing, direct the ordinance to the second public hearing on March 25, 2003 at 5:05 p.m.

WHY ACTION IS NECESSARY:

Public Hearings are necessary to adopt amendments to the Land Development Code (LDC).

WHAT ACTION ACCOMPLISHES:

Allows for discussion and public input on proposed adoption of the amendments to LDC wireless communication facilities regulations.  (#20030214-County Attorney)

 

5:05 PM

Public Presentation of Matters by Citizens

 

 

Adjourn