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

 

 

May 20, 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:

Rabbi Albert J. Cohen

Temple Beth Shalom

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

 

 

·   

Lee Werst, Sr. Retirement Resolution

 

 

(Commissioner Judah-#20030572)

 

 

·   

National Public Works Week Resolution

 

 

(Commissioner Janes-#20030573)

 

 

·   

Presentation of prints from the Florida Library Association

 

 

(Cynthia Cobb-#20030574)

 

 

 

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

May 20, 2003

 

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Accept a petition VAC2003-00018 to vacate a twelve-foot Public Utility and Drainage Easement centered on the common lot lines between lots 1 & 2, Block 77, Unit 14, Lehigh Acres and adopt a Resolution setting a Public Hearing for 5:00 p.m. on the 10th day of June 2003.

WHY ACTION IS NECESSARY:

To construct a single family home in the center of the two lots.  The vacation of the public utility and drainage easements will not alter existing utilities or drainage and the easements are not necessary to accommodate any future utility or drainage requirement.

WHAT THE ACTION ACCOMPLISHES:

Sets the time and date of the Public Hearing.  (#20030534-Development Services)

 

 

(b)

ACTION REQUESTED:

Accept a petition VAC2003-00011 to vacate a twelve-foot Public Utility Easement centered on the common lot line between lots 15 and 16, Metropolitan Business Park and adopt a Resolution setting a Public Hearing for 5:00 p.m. on the 10th day of June 2003.

WHY ACTION IS NECESSARY:

To construct a Commercial Building in the center of two lots.  The vacation of the public utility easement will not alter existing utilities and the easement is not necessary to accommodate any future utility requirement.

WHAT THE ACTION ACCOMPLISHES:

Sets the time and date of the Public Hearing.  (#20030540-Development Services)

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of  $11,700.00, for Parcel 153, 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.  (#20030455-County Lands)

 

 

(b)

ACTION REQUESTED:

Approve the donation of a Utility Easement to the Florida Power & Light Company for placement of facilities serving the Development Services Inspector/Licensing Building, Project No. 8649; authorize the Chairman to execute the Utility Easement; approve 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:

FP&L has requested a new recorded utility easement for placement of new facilities to service the Development Services Inspector/Licensing Building currently under construction in downtown Fort Myers at 1825 Hendry Street.

WHAT ACTION ACCOMPLISHES:

Enables FP&L to place a pad-mounted transformer within the granted easement area to provide electrical service to the Development Services Inspector/Licensing Building.  (#20030532-County Lands)

 

 

(c)

ACTION REQUESTED:

Approve the donation of a roadway/drainage easement (Parcel 800.1) to the Florida Department of Transportation (FDOT) for the Metro Extension Project, F.P. No. 1957191, authorize the Chairman on behalf of the Board of County Commissioners to execute easement documents and authorize the Division of County Lands to handle and sign closing forms and documents required by the Federal Highway Administration for FDOT acquisition protocol.

WHY ACTION IS NECESSARY:

The Board must approve all conveyances of County owned real estate.

WHAT ACTION ACCOMPLISHES:

Gives FDOT the right to construct or install roadway and drainage improvements within and/or upon County owned property for the Metro Extension Project.  (#20030443-County Lands)

 

 

(d)

ACTION REQUESTED:

Approve the donation of a subordination of easement agreement (Parcel 136) to the Florida Department of Transportation (FDOT) for the Metro Extension Project, F.P. No. 1957191, authorize the Chairman on behalf of the Board of County Commissioners to execute subordination documents and authorize the Division of County Lands to handle and sign closing forms and documents required by the Federal Highway Administration for FDOT acquisition protocol.

WHY ACTION IS NECESSARY:

The Board must approve all conveyances of County owned real estate.

WHAT ACTION ACCOMPLISHES:

Gives FDOT the right to construct or install roadway and drainage improvements within and/or upon County owned property for the Metro Extension Project.  (#20030480-County Lands)

 

 

(e)

ACTION REQUESTED:

Approve expenditures that might exceed the $50,000.00 level for Quote # C-020098, Annual Supply of Rock, Aggregate, Screenings, Base Materials, and Sand for county wide use to the awarded vendors:  Rinker Materials, and Florida Rock Industries.  The quote was awarded to the low quoter per product at the unit prices as listed on the Lee County Tabulation Sheet.  Also request authority to renew this quote for the three optional remaining one-year periods, upon mutual agreement of both parties.  The Lee County Port Authority also utilizes this quote under the cooperative purchasing agreement.

WHY ACTION IS NECESSARY:

To continue the use of a quote for Rock, Aggregate, Screenings, Base Material, and Sand for all Lee County users beyond the $50,000.00 threshold.

WHAT ACTION ACCOMPLISHES:

Establishes a quote for all Lee County users without the collective spending limit of $50,000.00.  (#20030555-Purchasing)

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Approve and execute an Interlocal Agreement between Lee County, and Messiah Lutheran Church in North Fort Myers.

WHY ACTION IS NECESSARY:

The Board of County Commissioners must approve Interlocal Agreements.

WHAT ACTION ACCOMPLISHES:

Provides storm shelter for emergency workers and family members from Pine Island and North Fort Myers when they are required to evacuate their facilities and dwellings.  It also provides outside space in the parking lots to be used as distribution points and staging areas for response and recovery equipment.  (#20030123-Emergency Management)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve award of Quote #Q-030260, Sign Blanks, Posts, Hardware, and Miscellaneous Sign Materials for the Division of Transportation, Traffic Section.  Award is being made to the following vendors:  Municipal Supply & Sign Co. (Sections A, B, & L), Allied Tube & Conduit (Section C), 3M Company (Section D), Rocal, Inc. (Sections E, G, H, I, J, & M), and Universal Signs & Accessories (Section K), as the overall low quoters per section based on the unit prices listed on the attached Lee County Tabulation Sheet.  No vendors quoted Section F, so this section will be dropped from the quote, and due to the small dollar amount, these items will be purchased as needed during the year.  This quotation is being awarded for a one-year period.  Also request authority to renew this quotation for four additional one-year periods, if in the best interest of the County, at the expiration of the original term.  For general information, DOT anticipates spending approximately $130,000.00 next fiscal year.  Funding will come from the individual division’s budget and they will be responsible for monitoring their own expenditures.

WHY ACTION IS NECESSARY:

To provide a consistent source for sign blanks, sign posts, hardware, and related sign materials at the most economical cost.

WHAT ACTION ACCOMPLISHES:

Establishes annual unit prices for the materials necessary for the installation and maintenance of traffic control signs.  In this manner, the department can optimize purchasing amounts and maintain minimal levels of stock.  (#20030489-Transportation)

 

 

(b)

ACTION REQUESTED:

Approve a request from the Cape Coral Chamber of Commerce and authorize the Chairman to Execute the agreement on behalf of the BOCC.  Approve the closing of the Cape Coral Bridge on July 4, 2003 from 1:00 p.m. until 3:00 a.m. (July 5, 2003) to accommodate the Chamber’s Red, White and Boom Celebration.

WHY ACTION IS NECESSARY:

Approval of a bridge closure and the resultant loss of revenue requires BOCC approval.

WHAT ACTION ACCOMPLISHES:

Allows the Chamber to proceed with the planning of their 4th of July Celebration.  (#20030523-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve construction of a water distribution and gravity collection system serving Hawks Preserve. This is a Developer contributed asset and the project is located approximately 1,000’ north side of S.R. 80 along the east side of Old Olga Road.

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.  (#20030482-Utilities)

 

 

(b)

ACTION REQUESTED:

Approve final acceptance, by Resolution, as a donation for a water distribution and gravity collection system serving SANIBEL BEACH PLACE.  This is a developer-contributed asset and the project is located on the south side of Summerlin Road approximately ¼ mile east of McGregor Boulevard.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Complies with the Lee County Utilities Operations Manual and places the water and gravity collection systems into operation.  (#20030529-Utilities)

 

 

(c)

ACTION REQUESTED:

Approve construction of a water and gravity main extension serving Avalon Bay – Phase 4.  This is a Developer contributed asset and the project is located on the north side of Gladiolus Drive approximately 800’ west of Winkler Road.

WHY ACTION IS NECESSARY:

To provide potable water service and sanitary sewer service to this phase of the proposed multi-family development.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20030530-Utilities)

 

 

(d)

ACTION REQUESTED:

Approve construction of a gravity main extension serving Bal Isle Drive.  This is a Lee County MSTBU Services contributed asset and the project is located between McGregor Boulevard and the Caloosahatchee, just south of Cypress Lake Drive.

WHY ACTION IS NECESSARY:

To provide central sewer service to this portion of the existing single-family subdivision.

WHAT ACTION ACCOMPLISHES:

Provides adequate sanitary sewer infrastructure to the area that is currently on septic systems.  (#20030537-Utilities)

 

 

(e)

ACTION REQUESTED:

Approve final acceptance, by Resolution, as a donation of a water and a gravity main extension serving Heritage Cove, Tract ‘C’.  This is a Developer contributed asset project located on the east side of A & W Bulb Road approximately 580’ south of McGregor Blvd.

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 mains into operation and complies with the Lee County Utilities Operations Manual.  (#20030539-Utilities)

 

 

(f)

ACTION REQUESTED:

Approve establishment of twenty-two (22) positions for the Lee County Utilities Division (LCU), needed to provide necessary administrative, maintenance, construction and operations personnel due to the assumption/acquisition of the Gulf Environmental Services (GES) water and sewer system, f/k/a Gulf Utilities, as well as the Gateway Services District Wastewater Treatment System (GSD), both in the month of July, 2003.  Also approve transfer from Utilities Reserves (GC5890148700.509910), in the amount of $493,066.71 for fiscal year 2002/2003 for salaries, benefits and equipment.

WHY ACTION IS NECESSARY:

To satisfy the required manpower needed to comply with FDEP operator requirements, as well as the additional administrative staffing needed due to the takeover.

WHAT ACTION ACCOMPLISHES:

Provides needed personnel for proper staffing at three wastewater treatment plants, two water treatment plants, 98 raw sewage lift stations, the water distribution system, as well as the seamless takeover of existing on-going contracts, improvements, design and construction for the two utilities.  (#20030499-Utilities)

 

 

(g)

ACTION REQUESTED:

Approve Change Order No. 1 to the Cypress Lake Drive Widening & Utility Relocation project, Contract No. 2368 with Florida State Underground Inc. to increase the proposed water main size from 12-inch to 16-inch diameter. Change Order amount is $225,775.32, for a revised total Not-To-Exceed contract amount of $2,136,621.87.

WHY ACTION IS NECESSARY:

Pursuant to Administrative Code AC-4-4 Lee County Contracts Manual, approved by the Board on September 25, 2001, Change Orders over $50,000 require Board approval.

WHAT ACTION ACCOMPLISHES:

Increases capacity of the water distribution main being replaced as part of the roadway-widening project.  (#20030521-Utilities)

 

 

(h)

ACTION REQUESTED:

Change Engineer Position Number #02178 from part-time to full-time.

WHY ACTION IS NECESSARY:

Board approval is required to change positions from part-time to full-time.

WHAT ACTION ACCOMPLISHES:

Allows a full-time position needed for increased workload.  (#20030528-Utilities)

 

 

(i)

ACTION REQUESTED:

Approve the award of the following Projects: # EX030490, the purchase of one (1) International cab and chassis truck from International Truck and Engine Corporation at the Florida State Contract price (including several contract and non-contract options totaling $10,718.00 and a deduct/credit of $9,556.00) of $66,221.00; and # IT030491, the purchase and installation of a dump body at the informally quoted price of $11,331.25 from the best price vendor Jim Hardee Equipment Company, Inc.; for Lee County Utilities.  Grand total for this purchase:  $77,552.25.

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 truck will allow Lee County Utilities to move debris from construction sites and to tow a trailer for the transport of heavy equipment.  (#20030547-Utilities)

 

 

(j)

ACTION REQUESTED:

Approve Supplemental Task Authorization No. 3 to Contract #1853, to Hole Montes Inc., for CN-01-11 Miscellaneous Utility Engineering Design and/or Inspection Services – Permit Renewal Assistance/Reports for the Fort Myers Beach Wastewater Treatment Plant, for continuation of the project in the amount of $47,600.00 (with a total amount for the project of $57,600.00).

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:

Will enable the Consultant to continue with the project known as Permit Renewal Assistance/Reports for the Fort Myers Beach Wastewater Treatment Plant.  (#20030553-Utilities)

 

11.

PARKS AND RECREATION

 

12.

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).  (#20030570-Clerk of Courts)

 

 

(b)

ACTION REQUESTED:

Approve payment of delinquent tax overbid claim-Chiappetta.

WHY ACTION IS NECESSARY:

Pursuant to Florida Statute 197.  Lee County is holding overbid funds from delinquent tax sales.

WHAT ACTION ACCOMPLISHES:

The Clerk has received a claim for these funds and requests that you release them.  (#20030579-Clerk of Courts)

 

 

ADMINISTRATIVE AGENDA

May 20, 2003

 

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve the purchase of Parcel 217, in Section 36, Township 43 South, Range 24 East, located at 15601 Hart Road in North Fort Myers, for the Conservation 2020 Land Acquisition Program, Project No. 8800, in the amount of $618,000, 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 the 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 (CLASAC) and approved for acquisition on Blue Sheet No. 20021239 for the Conservation 2020 Program.  (#20030394-County Lands)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Direct to Public Hearing revised Lee County Lobbying Ordinance.

WHY ACTION IS NECESSARY:

Public Hearing is required to make ordinance revisions.

WHAT ACTION ACCOMPLISHES:

Sets the matter for Public Hearing for June 10, 2003.  (#20030575-County Attorney

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS