District #1

Bob Janes

Chairman

District #2

Douglas St. Cerny

District #3

Ray Judah

Vice Chairman

District #4

Andrew W. Coy

District #5

John E. Albion

Donald D. Stilwell,

County Manager

 

James G. Yaeger, County Attorney

 

 

February 26, 2002

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

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

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

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

COMMISSION CHAMBERS, 2120 MAIN STREET, FORT MYERS, FLORIDA

 

9:30 AM

Invocation:

Reverend Sara Maiselle

Cape Coral First United Methodist Church

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentation:

 

 

·   

Minnesota Twins Resolution

 

 

(Commissioner Albion-#20020175)

 

 

 

Recap

 

 

 

Public Comment on the Consent and Administrative Agenda

 

 

 

Consent Agenda:

 

·   

Items to be pulled for discussion by the Board

 

·   

Motion to approve balance of items

 

·   

Consideration of items pulled for discussion

 

 

 

Administrative Agenda

 

 

 

Walk-ons and Carry-overs

 

 

 

Commissioners' Items/Committee Appointments

 

 

 

County Manager Items

 

 

 

County Attorney Items

 

 

 

Adjourn until 5:00 PM

 

 

 

5:00 PM

 

(#1)

Public Hearing

 

 

ACTION REQUESTED:

Authorize the Chairman to enter into a contractual relationship with the Estero Community Planning Panel to provide public financial support in the development of Land Development Code regulations specific to the Estero Community.

WHY ACTION IS NECESSARY:

Section 3.1 of Administrative Code 13-3 requires contract approval by the Board of County Commissioners.

WHAT THE ACTION ACCOMPLISHES: Sets forth requirements for the issuance of grant money to the Estero Community Planning Panel to help pay for development of Land Development Code regulations specific to the Estero Community.  (#20020131-Planning)

 

 

(#2)

Public Hearing

 

 

ACTION REQUESTED:

Authorize the Chairman to amend an agreement with A Living Vision of Alva (ALVA) to provide additional public financial support in the development of the Alva Community Plan.

WHY ACTION IS NECESSARY:

Section 3.1 of Administrative Code 13-3 requires contract approval by the Board of County Commissioners.

WHAT THE ACTION ACCOMPLISHES:

Sets forth requirements for the issuance of an additional $17,000 of grant money to ALVA to help pay for development of the Alva Community Plan.  (#20020132-Planning)

 

5:05 PM

Public Presentation of Matters by Citizens

 

 

Adjourn

 

CONSENT AGENDA

February 26, 2002

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

Award the Construction Management Agreement under RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as Emergency Operations Center Addition/Renovations to Casey Construction, for the Guaranteed Maximum Price (GMP) of $714,126.00 (includes CM fee). 

WHY ACTION IS NECESSARY:

Pursuant to Administrative Code AC-4-4 Lee County Contract Manual, approved by the Board on September 25, 2001, construction projects estimated to be over $50,000.00 will be executed through the formal process.

WHAT ACTION ACCOMPLISHES:

Provides the County with a Construction Manager that will provide for a one story 3,882 sq. ft. +/- addition with selective interior renovations.  Construction to include but not be limited to, civil site work, building structure, structural, mechanical, electrical, and plumbing.  (#20020155-Construction & Design)

 

 

(b)

ACTION REQUESTED:

Approve Change Order No. 1, to contract No. 1259 for RFQ-00-01 Construction Management for the Veterans Park Phase II to Lodge Construction Inc., in the amount of $118,563.00.

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 $50,000.00 requires Board approval.

WHAT ACTION ACCOMPLISHES:

This change order allows for the CM to provide for Tournament size Softball Fields at Veterans Park.  (#20020160-Construction & Design)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Accept a petition VAC2001-00010 to vacate a 12 foot Public Utility and Drainage Easement on the common lot line between Lots 36 and 37, Block 111, Unit 7, a subdivision of San Carlos Park, as recorded in Deed Book 315 at page 155 of the Public Records of Lee county, Florida, Section 16, Township 46 South, Range 25 East, less and except the South 15 thereof and adopt a resolution setting a Public Hearing 5:00 P.M. on the 26th Day of March, 2002.

WHY ACTION IS NECESSARY:

Vacate the easement to build a Single family home, The vacation of the public utility and drainage easement will not alter existing utilities or drainage and the easement is not necessary to accommodate any future utility or drainage requirements.

WHAT ACTION ACCOMPLISHES:

Sets date and time for Public Hearing.  (#20010607-Development Services)

 

 

(b)

ACTION REQUESTED:

Accept a Petition VAC2002-00001 to vacate a 12' Public Utility and Drainage Easement between the common lot lines of lots 2,3,and 4, Block 36, Unit 13, Section 16, Township 45 South, Range 27 East, Lehigh Acres, Florida as recorded in Plat Book 27, Page 176, of the Public Records of Lee County Florida, less and except the north 20 feet thereof and the east and west six feet thereof, and adopt a Resolution setting a Public Hearing for 5:00 p.m. on the 26th  day of March, 2002.

WHY ACTION IS NECESSARY:

Combine 3 lots to build a Single Family home.  The vacation of the Public Utility and Drainage Easement will not alter existing utilities and the easement is not necessary to accommodate any future utility requirement.

WHAT THE ACTION ACCOMPLISHES:

Sets time and date for a Public Hearing.  (#20020061-Development Services)

 

5.

HUMAN SERVICES

 

 

(a)

ACTION REQUESTED:

Approve grant award from the Department of Juvenile Justice in the amount of $20,000 to provide training, travel expenses and hiring a part-time coordinator for the Neighborhood Accountability Boards. Establish a budget for the Neighborhood Accountability Boards from the Department of Juvenile Justice in five Neighborhood Districts (Charleston Park, Dunbar, Harlem Heights, Page Park and Pine Manor).

WHY ACTION IS NECESSARY:

To provide funding in the amount of $20,000 from the Department of Juvenile Justice for training, travel expenses, and contracting with a part-time coordinator to assist in the coordination of the Neighborhood Accountability Boards in the five Neighborhood Districts.

WHAT ACTION ACCOMPLISHES:

Provides funding to contract with a coordinator to assist in the formation of Neighborhood Accountability Boards to address juvenile offenders, victims, and the address the victimization of the neighborhoods.  In addition, funding will provide the resources for Lee County Department of Human Services staff to participate in state-wide training.  (#20020150-Human Services)

 

 

(b)

ACTION REQUESTED

Approve applications for the 2002 Homeless Grant from the State of Florida Office on Homelessness; authorize Board Chairman to sign letters of application and certification letters certifying that the application activities are consistent with Lee County’s 2001 Department of Housing and Urban Development (HUD) Homeless Continuum of Care Strategic Plan; also, authorize the Board Chairman to sign State Agreements and Sub-recipient provider contracts.

WHY ACTION IS NECESSARY

The State Office on Homelessness requires that the Department of Human Services as designated Lead Agency for the HUD Homeless Continuum of Care submit all applications for the Homeless Housing Assistance grant and the Homeless Continuum of Care Challenge Grants.  Board authorization is required to submit applications.

WHAT ACTION ACCOMPLISHES

 It is anticipated that the Salvation Army will make application for the Housing Assistance and Challenge Grants and Southwest Florida Addiction Services will apply for the Housing Assistance Grant. If awarded this will bring to Lee County housing and services for the homeless.  (#20020168-Human Services)

 

6.

INDEPENDENT

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Approve the acceptance letter as an amendment to the contract Emergency Management Preparedness and Assistance (EMPA) Base Grant Agreement #02CP-04-09-46-01-036 with the Florida Department of Community Affairs to increase contract by $47,837.  Approve Budget Resolution to increase contract amount by $47,837 which brings total contract amount to $150,811.00.

WHY ACTION IS NECESSARY:

Contract amendments must be Board approved.

WHAT ACTION ACCOMPLISHES:

Provides additional funding to offset performing work items required by or to be consistent with federal and state goals and objectives.  (#20020163-Emergency Management)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

Direct to Public Hearing and authorize advertising to amend Lee County’s Vessel Control Ordinance 96-22.  The amendments to the ordinance are consistent with the changes to Fla. Stat. §327.60.  Suggested Public Hearing date: February 26, 2002 at 5:00 p.m.

WHY ACTION IS NECESSARY:

Provides for uniformity with Fla. Stat. §327.60, as amended on July 1, 2000, prohibiting discrimination against personal watercraft.

WHAT ACTION ACCOMPLISHES:

Changes Lee County Ordinance 96-22- Vessel Control, by deleting provisions regulating personal watercraft and amending the section entitled, “Areas of Regulated Water Activity.”  (#20020107-Natural Resources)

 

 

(b)

ACTION REQUESTED

Approve budget resolution to establish Capital Improvement – Bonita Beach Project Subfund in the amount of $751,835 to recognize the participation of the City of Bonita Springs in the Bonita Beach Renourishment Project No. 203039.  Approve budget resolution to reduce Capital Improvement Fund total by $737,006 to eliminate duplicate budgeting of the City of Bonita Springs revenues.  Amend the FY01/02-05/06 CIP accordingly.

WHY ACTION IS NECESSARY:

Board approval is required for all budget amendments.

WHAT ACTION ACCOMPLISHES:

Provides mechanism to track City/County funding participation in a clearly defined manner.  (#20020162-Natural Resources)

 

 

(c)

ACTION REQUESTED:

Authorize the Solid Waste Division to add seven (7) personnel positions for the purpose of operating and maintaining the Hendry County Solid Waste Transfer Stations and for responsibilities required of the County for the Lee/Hendry Landfill.  Authorize the SW Division to first consider hiring the existing (four) Waste Management, Inc. (WMI) employees at the Transfer Stations, prior to advertising, if these persons are interested in County employment and if they meet the County’s requirements for the respective positions.  Approve transfer of funds from reserves in the amount of $212,780.00.

WHY ACTION IS NECESSARY:

Amendment No. 1 to the Lee/Hendry Landfill Operations Agreement with WMI requires the County to assume the operations and maintenance of the Hendry Transfer Stations beginning 6/1/02.  Anticipated closure of the Class I disposal area at Gulf Coast Landfill necessitates the opening of the Lee/Hendry Landfill.

WHAT ACTION ACCOMPLISHES

Provides the Solid Waste Division with personnel necessary to perform required duties at the Transfer Stations and at the Lee/Hendry Landfill.  (#20020152-Solid Waste)

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED

Approve Change Order No. 1 to Contract No. 820 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 $787,824.08.

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 Lee County with a consultant that will continue to provide professional engineering services for the project known as Gunnery  Road Improvements from SR 82 to opposite Daniels Parkway Extension to Lee Boulevard.  (#20020141-Transportation)

 

 

(b)

ACTION REQUESTED:

Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-02-10 AERIAL PHOTOGRAPHY & DIGITAL MAPPING SERVICES, in the following order of ranking, and authorize contract negotiations to commence with the number one ranked firm: (1) EarthData International of Maryland;  (2) Surdex Corporation; (3) Sanborn; and (4) 3001 Inc.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Consultant will provide any and all professional services to produce aerial photography and digital mapping of Lee County.  (#20020153-Transportation)

 

 

(c)

ACTION REQUESTED:

Award Professional Services Agreement for CN-01-19 SUMMERLINE ROAD SIX-LANING FROM SAN CARLOS BLVD TO GLADIOLUS, to TY Lin International, for a total contract amount of $1,899,999.97.  Also, request Board approve transfer from reserves of $1.0 million in the Transportation Capital Improvement Fund/Surplus Capital – Sanibel and amend the 02-06 Capital Improvement Program.

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 Professional Services Agreements.

WHAT ACTION ACCOMPLISHES:

Provides Lee County with a consultant that will provide professional services for the project known as Summerlin Road Six-Laning to encompass the widening of Summerlin Road from existing four lanes to six lanes beginning at the west side of the San Carlos intersection through the north side of the Gladiolus intersection.  (#20020159-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve construction of a water and sanitary sewer main extension serving  Lake Pointe Commons.   This is a Developer contributed asset and the project is located on the south side of W. College Pointe Drive approximately 800’ east of McGregor Boulevard.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to this proposed office complex.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20020075-Utilities)

 

(b)

ACTION REQUESTED:

Approve construction of water main and gravity main extensions serving Sherrill Pointe Subdivision, Phase 2.   This is a Developer contributed asset and the project is located on the west side of the Catalpa Cove Lane approximately 2,000’ north of  Iona Road.

WHY ACTION IS NECESSARY:

To provide potable water and sanitary sewer service for this phase of the residential subdivision.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20020143-Utilities)

 

 

(c)

ACTION REQUESTED:

Approve final acceptance, by Resolution, and recording of a Utility Easement as a donation for one 10” diameter fire line and a force main serving Skini Mini Warehouse.  This is a Developer contributed asset located on the north side of Crystal Drive approximately 450’ east of Metro Parkway.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Places the fire line and force main into operation and complies with the Lee County Utilities Operations Manual.  (#20020156-Utilities)

 

 

(d)

ACTION REQUESTED:

Approve final acceptance, by Resolution, and recording of a Utility Easement as a donation for a water distribution system and gravity collection system serving Reflection Lakes – Phase 5.  This is a developer-contributed asset project located on the northeast corner of Summerlin Road and  Reflections Parkway.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to this phase of the recently constructed multi-family residential project.

WHAT ACTION ACCOMPLISHES:

Places the water system and gravity collection system into operation and complies with the Lee County Utilities’ Operations Manual.  (#20020164-Utilities)

 

 

(e)

ACTION REQUESTED:

Consider “Agreement for Cooperation for the Greater Pine Island Deep Injection Well” with the Greater Pine Island Water Association, Inc. (GPIWA) that defines and provides for the respective functions of the County and GPIWA for the development of a public-private venture for the design, permitting, construction, operation and use of a Class I Deep Injection Well.  The parties will share equally in all costs of designing, permitting, completing and testing of the well.  Approve Budget Transfer of $400,000 from Sewer Connection Fee Reserves to establish the “PIWWTP/GPIWA Deep Injection Well” project (207262) for FY 01-02 and amend FY01-02/05-06 CIP accordingly.

WHY ACTION IS NECESSARY:

To establish the responsibilities and funding obligations of both the County and the GPIWA, and create a new CIP project.  These actions require approval by the BOCC.

WHAT ACTION ACCOMPLISHES:

Allows Lee County to work cooperatively with the GPIWA to complete this project that will provide long term disposal capabilities for both the effluent water generated by the County’s Pine Island Wastewater Treatment Plant, and the concentrate stream from GPIWA’s reverse osmosis water treatment plant.  (#20020126-Utilities)

 

11.

PARKS AND RECREATION

 

 

(a)

ACTION REQUESTED

Approve a grant agreement with the Florida Department of Environmental Protection, Office of Greenways and Trails, for the purchase of a rotary tiller to support management of the Hickey Creek/Greenbriar Greenway conservation property.  Approve Budget Amendment Resolution in the amount of $4,700.

WHY ACTION IS NECESSARY

Accepts grant funds from the Florida Department of Environmental Protection, Office of Greenways and Trails for the Hickey Creek/Greenbriar Greenway conservation property.

WHAT ACTION ACCOMPLISHES:

Agreement sets up the criteria for the grant for creation and maintenance of fire lanes at the Hickey Creek/Greenbriar Greenway conservation property.    (#20020148-Parks & Recreation)

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Adopt a Resolution of Exchange relating to property located at the proposed subdivision “International Center”; authorize Chairman to execute all documents necessary to effectuate the exchange; authorize the Lee County Attorney’s Office to handle and accept all documentation to complete this transaction.

WHY ACTION IS NECESSARY:

Exchange of County property must be approved by the Board of County Commissioners pursuant to Florida Statute.

WHAT ACTION ACCOMPLISHES:

Approves the exchange of easements between Lee County and the Parkway I, Ltd., a Florida Limited Partnership; International Center, LLC, a Florida Limited Liability Company.  (#20020100-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

 

(a)

ACTION REQUESTED:

Approve Budget Amendment resolution in the amount of $97,022 representing revenues collected by the Sheriff’s Office from 10/01/01 to 01/30/02.  Also approve expenses of $97,022 in the Lee County Sheriff’s budget to be spent in FY01/02

WHY ACTION IS NECESSARY:

Board approval is needed to allocate budget amendments.

WHAT ACTION ACCOMPLISHES:

Establish budget for revenues and expenditures for the Sheriff’s office.  (#20020128-Sheriff)

 

 

(b)

ACTION REQUESTED:

Approve the Expenditure of $25,500 from the Law Enforcement Trust Fund.  Approve Budget Amendment resolution in the amount of $13,000 to adjust the estimated amount of revenues/expenses in FY02.

WHY ACTION IS NECESSARY:

Florida State Statute 932.7055 requires the Board of County Commissioners approval of expenditures from the Law Enforcement Trust Fund which is funded by revenues from confiscated property.

WHAT ACTION ACCOMPLISHES:

Funds will be used to provide support the operations of the Coalition for Drug Free Lee County and the Florida Law Enforcement Memorial.  (#20020129-Sheriff)

 

 

(c)

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).  (#20020173-Clerk of Courts)

 

 

(d)

ACTION REQUESTED:

Present for information purposes.

WHY ACTION IS NECESSARY:

To provide interim reporting on selected funds and revenues of the Lee County Board of County Commissioners.  Also included, in compliance with Florida Statute 218.415, Local Government Investment Policies, is the stated and fair market value of the investments managed by the Clerk’s Office.

WHAT ACTION ACCOMPLISHES:

The purpose of this report is to convey to you the financial status of selected significant funds of the Lee County Board of County Commissioners and the status of specific revenues as of the stated dates and the market value of the investments managed by the Clerk’s Office on behalf of the Board.  (#20020174-Clerk of Courts)

 

 

(e)

ACTION REQUESTED:

Approve the following Minutes of the Board of County Commissioners meetings: October 9, 2001 (Regular); October 16, 2001 (Smart Growth Workshop); November 5, 2001 (Zoning); December 3, 2001 (Zoning); December 3, 2001 (Management & Planning); January 10, 2002 (Lee Plan) and February 4, 2002 (Management & Planning).  (#20020147-Clerk of Courts)

 

 

ADMINISTRATIVE AGENDA

February 26, 2002

 

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Approve acquisition of 80 acre parcel for North Lee County Water Treatment Plant.

WHY ACTION IS NECESSARY:

To authorize settlement and lease.

WHAT ACTION ACCOMPLISHES:

Acquires fee title to 80 acres; continues lease on a portion of parcel.  (#20020138-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS