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

 

September 9, 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:

Jeff Swearingen, Associate Pastor

First Christian Church of Fort Myers

 

 

 

 

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

 

 

 

Appeals Agenda

 

 

 

Walk-ons and Carry-overs

 

 

 

Commissioners' Items/Committee Appointments

 

 

 

County Manager Items

 

 

 

County Attorney Items

 

 

 

Adjourn until 5:00 PM

CONSENT AGENDA

September 9, 2003 

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Approve agreement with SunTrust Bank to provide paying agent and registrar services for the Gulf Environmental Services, Inc. (GES) Water and Sewer System Revenue Bonds, Series 1998 (“1998 Bonds”) at an annual fee of $500.

WHY ACTION IS NECESSARY:

When Lee County acquired the GES system on 6/30/03 the existing paying agent and registrar agreement with SunTrust Bank for the 1998 Bonds was invalidated.  The 1998 Bonds were advance refunded by the County on that date and a new agreement is needed so that paying agent and registrar services continue to be provided to bondholders.

WHAT ACTION ACCOMPLISHES:

Continuation of paying agent and registrar services for the GES 1998 Bonds.  (#20031022-Budget Services)

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Accept a Petition to Vacate a 12-foot wide Drainage and/or Public Utility Easement located at 4905 Barth Street, Lehigh Acres Florida 33971 and adopt a resolution setting a Public Hearing for 5 p.m. on the 14th day of October 2003.  (VAC2003-00038)

WHY ACTION IS NECESSARY:

To build a single-family residence on the combined lots.  The vacation of this easement will not alter existing drainage or utility conditions and the easement is not necessary to accommodate any future drainage and utility requirements.

WHAT ACTION ACCOMPLISHES:

Sets the time and date of the Public Hearing.  (#20030913-Development Services)

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve the award of Formal Quote Q-030150, The Purchase of A/V Equipment for the Lee County Commission Chambers, to the low Quoter meeting all specification requirements, Encore Broadcast Equipment, for a grand total of $165,903.70.  Also approve the expenditure of a not-to-exceed amount of $8,295 for incidentals that may occur as the installation begins.

WHY ACTION IS NECESSARY:

Purchases over $50,000 must be approved by the Board.

WHAT ACTION ACCOMPLISHES:

Necessary for replacement of camera and television equipment used for broadcasting and to enhance audiovisual presentations.  (#20030917-Public Resources)

 

 

(b)

ACTION REQUESTED:

Accept Parcel 167, a Perpetual Waterline Utility Easement, for the Cottage Point Waterline Municipal Services Benefit Unit; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

The Board avoids Eminent Domain.  (#20031000-County Lands)

 

 

(c)

ACTION REQUESTED:

Accept donation of real property for the Laurel Drive Sidewalk Project No. 6002.  Authorize payment of recording fees and the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must accept all Real Estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:

This will provide for the construction of a sidewalk.  (#20030988-County Lands)

 

 

(d)

ACTION REQUESTED:

Approve Purchase Agreement for acquisition of Parcels 327 and 328, Imperial Street Widening Project No. 4060, in the amount of $200,000; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

The Board avoids Eminent Domain.  (#20031001-County Lands)

 

 

(e)

ACTION REQUESTED:

Approve installation of a continuous circuit of fiber optic cable and associated equipment that provides transport services for voice and data, to all County government buildings in the downtown Fort Myers area as discussed at the September 8, 2003 M&P meeting.  Authorize the transfer of funds in the amount of $377,000 from fund 515, ITG reserves, to increase the core downtown phone system upgrades, project (208707), and adjust FY02/03 CIP accordingly.

WHY ACTION IS NECESSARY:

Cost savings and reducing the County’s dependence on a single local carrier.

WHAT ACTION ACCOMPLISHES:

Cost savings of approximately $295,000 per year and provides County control of fiber access for all County buildings in the downtown area  (#20031032-ITG)

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Approve award of Formal Quotation # Q-030070, for the Purchase of Medical Supplies Product Group C, for the Division of Public Safety (Emergency Medical Services), to the low quoters per line item as indicated (circled) on the tabulation sheet. EMS chooses not to award items 14, 40, 41, 42, 43, 45, 46, 54, 55, 75, 76, 77, 788, & 79. The initial term of this agreement is for one year.  Request authority to renew this quotation for four additional one-year periods if in the best of the County, at the expiration of the original term.

WHY ACTION IS NECESSARY:

Annual expenditures that exceed $50,000 must be approved by the Board.

WHAT ACTION ACCOMPLISHES:

Establishes competitive pricing for the Purchase of Medical Supplies-Group C.  (#20030980-EMS)

 

 

(b)

ACTION REQUESTED:

Approve the automatic renewal of Contract No. 1923 and approve the new Service Agreement with Motorola Inc. for the 800 MHZ Trunked Radio System, in the amount of $681,590.40 for a period of one (1) year, effective October 1, 2003 - September 30, 2004.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides the Public Safety Division continued maintenance services for the 800 MHZ Trunked Radio System.  (#20030996-Communications)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Approve Resolution requesting funding from the West Coast Inland Navigation District’s (WCIND) Lee County Countywide Navigation Improvement Fund (CNIF) for the Town of Fort Myers Beach in the amount of $306,500 to construct the Matanzas Harbor Mooring Field. Approve Budget Amendment Resolution for FY 03-04 in the amount of $306,500.

WHY ACTION IS NECESSARY:

Additional funds are available from WCIND subject to a resolution from the County.

WHAT ACTION ACCOMPLISHES:

Approves a request for funding to WCIND for the mooring field project.  (#20030985-Natural Resources)

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve award of Project No. EX030710, Purchase of LED Modules for Traffic Signals, for the Department of Transportation - Traffic Section, to Temple Inc., at the prices listed on the State of Florida Contract No.550-001-03-1.  The current State Contract is in effect until 8/16/04.  Also request authority to continue to utilize this contract if renewed by the State of Florida.

WHY ACTION IS NECESSARY:

Board approval is required because expenditures will exceed $50,000.

WHAT ACTION ACCOMPLISHES:

Provides the Department of Transportation – Traffic Section with LED Modules for Traffic Signals at State of Florida quoted prices.  (#20030984-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approval to remove account balances for Fiscal Year 02/03 considered uncollectible for Lee County Utilities System in the amount of $90,776.58 which is 2/10 of 1% of annual water and sewer revenues.

WHY ACTION IS NECESSARY:

Uncollectibles result when customers’ bills remain unpaid for various reasons.  The three most significant reasons the accounts remain unpaid are: Closed customers not paying final bill amounts after security deposits are applied and collection agency action; Legal action such as bankruptcy; Sewer only customers who are not paying monthly sewer utility bills.

WHAT ACTION ACCOMPLISHES:

Adjusts accounts receivable balance to reflect anticipated collections.  (#20030891-Utilities)

 

 

(b)

ACTION REQUESTED:

Approve construction of a gravity main serving San Souci Drive.  This is a Developer contributed asset project, which is located on the south side of San Souci Drive between Fiesta Way and E. Tropicana Drive, within Fiesta Village Subdivision.

WHY ACTION IS NECESSARY:

To provide sanitary sewer service to 6 existing lots along San Souci Drive.

WHAT ACTION ACCOMPLISHES:

Complies with the Lee County Utilities line extension policy and provides adequate utility infrastructure to support development of the proposed facility expansion.  (#20030959-Utilities)

 

 

(c)

ACTION REQUESTED:

Approve construction of the water distribution and gravity collection systems serving Bella Terra (f/k/a The Habitat, Phase 2). This is a Developer-contributed asset project located on the south side of Corkscrew Road approximately one mile northeast of Wildcat Run.

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.  (#20030967-Utilities)

 

 

(d)

ACTION REQUESTED:

Approve construction of a water and gravity main extension serving Pangola.  This is a Developer contributed asset and the project is located on the northwest side of Hancock Bridge Parkway approximately ½ mile east of Orange Grove Boulevard.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to the proposed 12-lot single-family subdivision.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20030989-Utilities)

 

 

(e)

ACTION REQUESTED:

Approve final acceptance by Resolution and recording of one utility easement as a donation of a fire hydrant, 4” diameter fire line and a force main extension serving Dwyer’s Irish Pub.   This is a Developer contributed asset project located on the east side of US 41 approximately ¼ mile south of Daniels Parkway.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Places the fire hydrant, fire line and force main into operation and complies with the Lee County Utilities Operations Manual.  (#20031002-Utilities)

 

11.

PARKS AND RECREATION

 

 

(a)

ACTION REQUESTED:

Request Board approve grant award and Budget Amendment and resolution 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) which are in this category.  Revenue string is 11073215500.331720.9003

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 for troubled youth in the community.  (#20031010-Parks and Recreation)

 

 

(b)

ACTION REQUESTED:

Approve the San Carlos Bay – Bunche Beach Preserve (SCBBBP) Land Stewardship Plan with its provision of prohibiting dogs at the preserve.

WHY ACTION IS NECESSARY:

The SCBBBP Land Stewardship Plan must be approved by the Board for Lee County to receive the $3,190,012 reimbursement grant from the Florida Communities Trust, for which the County has received conceptual approval.

WHAT ACTION ACCOMPLISHES:

Approving of the SCBBBP Land Stewardship Plan Lee County will meet on of the requirements to receive the $3,190,012 grant from the Florida Communities Trust for the reimbursement of 50% of the original acquisition cost of the preserve.  (#20031013-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).  (#20031026-Clerk of Courts)

 

 

(b)

ACTION REQUESTED:

Approve payment of delinquent tax overbid claim.

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.  (#20031028-Clerk of Courts)

 

ADMINISTRATIVE AGENDA

September 9, 2003

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Authorize expenditures to American Eurocopter not to exceed $4,340,101.00 as final payment(s) for purchase of an American Eurocopter EC145 helicopter airframe and optional equipment.

WHY ACTION IS NECESSARY:

Expenditures over $50,000.00 must have Board approval, according to Section 9.4.1 of the Lee County Purchasing and Payment Procedures Manual.

WHAT ACTION ACCOMPLISHES:

Completes the purchase agreement for the airframe and optional equipment of the EC145 helicopter for Lee County EMS.  (#20030999-EMS)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Consider the revised project list recommended by the Bicycle/Pedestrian Advisory Committee for CIP 206002, Bicycle/Pedestrian Facilities FY 03-04.

WHY ACTION IS NECESSARY:

Authorizes staff to design and bid the projects.

WHAT ACTION ACCOMPLISHES:

Continues development of a bikeway and walkway system for Lee County.  (#20030994-Transportation)

 

 

(b)

ACTION REQUESTED:

Adopt and authorize the Chairman to execute a Resolution authorizing the submittal of a $25 million loan application from the State Infrastructure Bank (SIB), with a guarantee of repayment from surplus toll revenues, to partially fund the replacement of the Sanibel Island Bridges and Causeway improvements.

WHY ACTION IS NECESSARY:

The loan application is due to the Florida Department of Transportation by September 30, 2003 and must be accompanied by a repayment guarantee.

WHAT ACTION ACCOMPLISHES:

Authorizes pursuit of a funding source with low interest rates to partially fund the replacement of the Sanibel Bridges.  (#20030998-Transportation)

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

APPEALS AGENDA

September 9, 2003

 

CONTINUATION OF ADMINISTRATIVE AGENDA

AP #1

ACTION REQUESTED:

Deny appeal of an administrative interpretation of the Lee Plan under the single-family determination provision filed by Harold W. Sears on behalf of Oyster Pond Limited Partnership.

WHY ACTION IS NECESSARY:

To take action concerning an appeal of a denial for a favorable administrative interpretation of the Lee Plan under the single-family resident provision.

WHAT ACTION ACCOMPLISHES:

The Board action will uphold the determination that the property is ineligible for a favorable administrative interpretation of the Lee Plan under the single-family provision.  (#20030946-County Attorney)

 

PUBLIC AGENDA

September 9, 2003

5:00 PM

(#1)

Public Hearing

 

ACTION REQUESTED:

Conduct a Public Hearing to adopt a Petition to Vacate a 12-foot wide Drainage and Public Utility Easement located at 20685 Casaly Drive, Alva, Florida.  (Case No. VAC2003-00044)

WHY ACTION IS NECESSARY:

To build a single-family residence on the combined lots.  The vacation of this easement will not alter existing drainage and utility conditions and the easement is not necessary to accommodate any future drainage and utility requirements.

WHAT ACTION ACCOMPLISHES:

Vacates the Drainage and Public Utility Easement.  (S28-T43S-R27E)  (#5)  (#20030977-Development Services)

 

(#2)

Public Hearing

 

ACTION REQUESTED:

Conduct a Public Hearing to adopt a Petition to Vacate a 12-foot wide Public Utility Easement located at 603 E. 7th Street, Lehigh Acres, Florida.  (Case No. VAC2003-00032)

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES

Vacates the Public Utility Easement.  (S28-T44S-R27E)  (#5)  (#20030847-Development Services)

 

(#3)

Public Hearing

 

ACTION REQUESTED:

Conduct a public hearing to consider and approve, by Resolution, a Cable Franchise Agreement between Lee County and Strategic Technologies, Inc.

WHY ACTION IS NECESSARY:

Lee County Ordinance No. 89-05, as amended by Lee County Ordinance No. 01-05, and the Federal Communications Act set forth the procedure for approving Cable Franchise Agreements.

WHAT ACTION ACCOMPLISHES:

Formalizes the process for the County to approve a Cable Franchise Agreement.  (#20030993-Public Resources)

 

(#4)

Public Hearing 

 

ACTION REQUESTED:

Conduct Public Hearing for Board to adopt and certify by Resolution, the Residential and Commercial Solid Waste Annual Special Assessment Rolls, and MSTU Tax Roll for collection by the Lee County Tax Collector for Fiscal Year 2003-2004, pursuant to the Uniform Method of Collection for Non-Ad Valorem Special Assessments under Section 197.3632, Florida Statutes.

WHY ACTION IS NECESSARY:

Lee County Ordinances 00-20 and 96-09, both as amended, Florida Administrative Code, and County Administrative Code Policies and Procedures for implementation of the Residential and Commercial Mandatory Solid Waste Collection and Disposal Program require adoption and certification by Resolution of the Annual Special Assessment Roll and MSTU Tax Rolls to the Tax Collector for collection.

WHAT ACTION ACCOMPLISHES:

Complies with Lee County Ordinances 00-20 and 96-09, both as amended, Florida Administrative Code and Lee County Administrative Code Policies and Procedures which provide for collection of the Solid Waste Special Assessments and MSTU Millage for Fiscal Year 2003-2004 by the Lee County Tax Collector; pursuant to the Uniform Method of Collection for Non-Ad Valorem Special Assessments under Section 197.3632, Florida Statutes.  (#20030880-Solid Waste)

 

5:05 PM

Public Presentation of Matters by Citizens

 

 

Adjourn