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

April 23, 2002

9:30 AM

Invocation:

Reverend Bill Norris

Palm Beach Boulevard Church of the Nazarene

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

5:00 PM

(#1)

Public Hearing

ACTION REQUESTED:

Adopt a Resolution on Petition VAC2002-00012 to Vacate a 12' wide Public Utility and Drainage Easement common to Lots 8 & 9, Block 35, Unit 8, Lehigh Acres, Florida, as recorded in Plat Book 26, Page 8, in the Official Records of Lee County, Florida.

WHY ACTION IS NECESSARY:

To construct a single-family residence. 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 requirement.

WHAT ACTION ACCOMPLISHES:

Vacates the Public Utility and Drainage Easement.  (S03-T44S-R26E)  (#5)  (#20020358-Development Services)

(#2)

Public Hearing

ACTION REQUESTED:

Hold a Public Hearing to consider approval of an Ordinance to create the Anchorage Way/Intracoastal Operations and Maintenance Municipal Service Benefit Unit.

WHY ACTION IS NECESSARY:

Public hearing is a legal requirement in the consideration of the creation of a Municipal Service Benefit Unit.

WHAT ACTION ACCOMPLISHES:

Provides an opportunity of public input.  Satisfies the legal requirements of the Florida Statutes to proceed with the creation of an Operation and Maintenance MSBU for the purpose of doing channel and canal maintenance dredging.  (#20020050-MSBU Services)

(#3)

Public Hearing

ACTION REQUESTED:

Hold a Public Hearing to consider approval of an Ordinance to create the Dewberry Lane Special Improvement Operations and Maintenance Municipal Service Benefit Unit.

WHY ACTION IS NECESSARY:

Public hearing is a legal requirement in the consideration of the creation of a Municipal Service Benefit Unit.

WHAT ACTION ACCOMPLISHES:

Provides an opportunity for public input.  Satisfies the legal requirements of the Florida Statutes to proceed with the creation of an Operation and Maintenance MSBU for the

purpose of road maintenance and providing street lighting.  (#20020231-MSTBU Services)

(#4)

Public Hearing

ACTION REQUESTED:

Conduct Public Hearing to consider and approve Lee County Lobbying Ordinance.

WHY ACTION IS NECESSARY:

A Public Hearing is required by law to adopt ordinance redraft with revisions.

WHAT ACTION ACCOMPLISHES:

Repeals and replaces Lee County Ordinances 89-40, as amended by Lee County Ordinance 90-07.  Provides for lobbying registrations, record-keeping and lobbying statements.  (#20020361-County Attorney)

(#5)

Public Hearing

ACTION REQUESTED:

Adopt Water and Wastewater Facilities Plans and authorize their submission to the Florida Department of Environmental Protection (DEP).

WHY ACTION IS NECESSARY:

Facilities Plans must be approved by the Board of County Commissioners prior to submission to the DEP.

WHAT ACTION ACCOMPLISHES:

Submission of the Facilities Plans will allow the County to be considered for funding low interest loans for Water and Wastewater Capital Improvement Projects through the State Revolving Fund (SRF).  (#20020113-Budget Services)

5:05 PM

Public Presentation of Matters by Citizens

Adjourn

1.

COUNTY ADMINISTRATION

(a)

ACTION REQUESTED:

Approve budget amendments to allocate excess fund balance and grant and operating carryovers as determined by the completion of the financial audit.  Also approve transfers to and from reserves, authorize interfund transfers, and amend the FY02-06 Capital Improvement Program.

WHY ACTION IS NECESSARY:

To adjust budgeted fund balance to reflect actual balances.

WHAT ACTION ACCOMPLISHES:

Provides funds for unfinished contracts, equipment, and operational expenditures.  (#20020254-Budget Services)

(b)

ACTION REQUESTED:

Approve award of the following Projects:  EX020267, the purchase of FacilityFocus TM enterprise-wide work order/facility management software from Maximus, Inc. at the Florida State Contract price of $171,100.00; and IT020268, the purchase of a Compaq server with accessories (to run the software) at the informally quoted price of $7,317.00 from the best price vendor, QA Systems, Inc.; for the Lee County Information Technology Group (ITG).  Also approve the expenditure of a not-to-exceed amount of $6,000.00 for temporary help to input data via Lee County Quote #Q-010389 for Temporary Personnel Services; and a not-to-exceed amount of $10,000.00 for incidentals such as, but not limited to, overnight delivery, accessories, etc.  Authority is also requested to expend the funds necessary for the annual software maintenance costs from the first year through the life of the system (the current Florida State Contract price for annual maintenance is $18,990.00 per year).  The requesting department will be responsible for monitoring its expenditures.

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

Provides all County departments with the upgraded ability to request and track work orders.  Will also allow Facilities Management to schedule preventative maintenance, track County assets, and satisfy Internal Auditing requests for improved asset management and Disaster Recovery preparedness.  Also allows the County to comply with the Governmental Accounting Standards Board (GASB Statements 34 and 35) for managing and maintaining capital assets which will reflect favorably with bond raters.  In addition, the system can be expanded into other areas, such as job cost estimating, contract administration, and real estate/facility management.

(#20020180-County Manager)

2.

CONSTRUCTION AND DESIGN

(a)

ACTION REQUESTED:

Approve award of Quotation #Q-020158 Janitorial Service for the Community Development and Public Works Center, located at 1500 Monroe Street, for the Department of Planning & Construction (Facilities Management Division) to the low quoter meeting all specification requirements, United States Service Industries, at a cost of $114,576.00 per year  x  3 years, for a total of award amount of $343,728.00 plus increases of the Consumer Price Index.  The term of this contract is for three years, with an annual increase based on the Consumer Price Index after the first year.  Additionally, approve the use of other miscellaneous charges as given on the quotation tabulation sheet (attachment #1).  Also request authority to renew this contract for the additional two-year period, upon mutual agreement of both parties, if in the best interest of Lee County. Also request authority to act on behalf of the Board in the event of vendor non-compliance, so that the Purchasing Division can proceed to the next low quoter if United States Service Industries cannot secure a performance bond or comply with our insurance requirements. Funding will come from the individual departments budget and they will be responsible for monitoring their own expenditures.

WHY ACTION IS NECESSARY:

The Board must approve total purchases that exceed $50,000.

WHAT ACTION ACCOMPLISHES:

Establishes a competitive, fair-market price for Janitorial Services for the Community Development & Public Works Center.   (#20020323-Facilities Management)

(b)

ACTION REQUESTED:

Approve Addendum to the Construction Manager Agreement, for the North Fort Myers Community Park Phase II (RFQ-01-06), with Compass Construction Inc. to include the Guaranteed Maximum Price (GMP) in the amount of $907,893.00 (includes 7% CM fee) to include a concession building to this project.  Also, it is requested to amend FY 01/02- 05/06 CIP by approving budget transfer from Capital Improvement Fund reserves in the amount of $257,010.00 and also transfer $67,990.00 from School Board Improvements project to the North Fort Myers Community Park Improvements project for a total of $325,000.00

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 advertised process.

WHAT ACTION ACCOMPLISHES:

Provide construction management services for the inclusion of a concession building for North Fort Myers Community Park, Phase II.

(#20020357-Construction & Design)

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

(a)

ACTION REQUESTED:

Accept a Petition VAC2002-00004 to vacate a 12' Public Utility Easement located between the common lot line of lots 2 & 3, Block 2, Lehigh Estates, as recorded in Plat Book 15, Page 81 of the Public Records of Lee County Florida, Section 30, Township 44, Range 26, and adopt a Resolution setting a Public Hearing for 5:00 p.m. on the 14th day of May, 2002.

WHY ACTION IS NECESSARY:

Vacates the easement on the commercial lots.  This easement does not alter existing easements and is not necessary to accommodate future easements.

WHAT THE ACTION ACCOMPLISHES:

Sets the time and date of the Public Hearing.  (#20020244-Development Services)

(b)

ACTION REQUESTED:

Adopt a resolution adopting the 2002/2003-2004/2005 Lee County Local Housing Assistance Plan and approve transmittal of the plan to the Florida Housing Finance Agency.  Authorize the County Manager to make minor revisions that may be required for final state approval.

WHY ACTION IS NECESSARY:

Approval of the plan by resolution is required for participation in the State Housing Initiatives Partnership (SHIP) funding program.

WHAT ACTION ACCOMPLISHES:

Approval will enable the county to continue to participate in the SHIP program.  (#20020311-Planning)

(c)

ACTION REQUESTED:

Approve a State-Funded Subgrant Agreement (contract) between the State of Florida, Department of Community Affairs and Lee County.

WHY ACTION IS NECESSARY:

Approval of the contract makes the County eligible to receive a grant from the State in the amount of $20,000. 

WHAT THE ACTION ACCOMPLISHES:

The grant funds are intended to reimburse the County for costs incurred in the development of an Interlocal Agreement between the County and the Lee District School Board, the development of criteria for the collocation and shared use of schools and civic facilities, and the creation of a GIS based tool to identify the best locations for future schools sites which take advantage of collocation and shared use opportunities.  (#20020385-Planning)

5.

HUMAN SERVICES

6.

INDEPENDENT

(a)

ACTION REQUESTED:

Approve award of Formal Quotation #Q-020168, Annual Purchase of Remanufactured Engines, for the Transit Division, to the low quoter meeting specifications, Jimmy Diesel; for the prices as listed on the attached Lee County Tabulation Sheet.  The requesting division will be responsible for monitoring its individual expenditures.  The initial award is for two (2) years; authority is requested to renew this quotation for three (3) additional one (1) year periods, under the same terms and conditions, if in the best interest of Lee County, at the expiration of the original term.

WHY ACTION IS NECESSARY:

According to Section 9.4.1 of the Lee County Purchasing & Payment Procedures Manual, approved by the Board on 3/21/00, purchases over $50,000.00 must be approved by the Board.

WHAT ACTION ACCOMPLISHES:

Allows the Transit Division to purchase remanufactured engines, as needed, for its fleet.  (#20020344-Transit)

(b)

ACTION REQUESTED:

Approve the purchase of a ±62 acre parcel of land for the South Fort Myers Community Park, Project No. 1873, pursuant to the terms and conditions as set forth in the Purchase Agreement; authorize the Chairman on behalf of the Board of County Commissioners to sign the purchase agreement, authorize payment of necessary fees 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 ±62 acres of land for the South Fort Myers Community Park.  (#20020392-County Lands)

7.

PUBLIC SAFETY

(a)

ACTION REQUESTED:

Approve project #EX-020370, the purchase of Dictaphone Logging Recorders off GSA Contract # GS03F4040B which has gone through their competitive bidding process, from the awarded vendor Dictaphone Corporation, at a total cost of $331,145.00, for the Public Safety Division (9-1-1 Communications).  This system is an upgrade of the existing countywide 9-1-1 Dictaphone audio voice logging recorder system.  Funding will come from the individual departments budget and they will be responsible for monitoring their own expenditures.  Approve transfer from E-911 Reserves in the amount of $264,200.  Remainder of purchase amount will come from FY 02 budget Approve transfer from E-911 Reserves in the amount of $264,200.  Remainder of purchase amount will come from FY 02 budget.

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:

Provides the Public Safety Division (9-1-1 Communications) with a competitively bid source for the purchase of the Dictaphone Logging Recorders.

(#20020333-Public Safety)

(b)

ACTION REQUESTED:

Accept EMS Matching Grant Award in the amount of $15,182.06 from the Bureau of Emergency Medical Services for the purchase of  a multi-purpose advanced life support machine for use in  the helicopter.  Also approve a budget amendment resolution in the amount of $15,182.06 for FY’02.

WHY ACTION IS NECESSARY:

To give budgetary authority to receive grant.

WHAT ACTION ACCOMPLISHES:

Completes application and agreement process that entitles Lee County to the EMS Matching Grant funds.  The original grant application was signed by Board Chairman St. Cerny on November 20, 2001.  (#20020336-Public Safety)

8.

SOLID WASTE-NATURAL RESOURCES

9.

TRANSPORTATION

(a)

ACTION REQUESTED:

Approve acceptance of the specific purpose right-of-way map prepared by the engineering firm of Bean, Whitaker, Lutz & Kareh, Inc. and Maintenance Affidavits for Old Bayshore Road between Bayshore Road (SR 78) and SR 31.

WHY ACTION IS NECESSARY:

Official right-of-way maps have never been filed in the public records.

WHAT ACTION ACCOMPLISHES:

Enters into public record the location and width of the right-of-way of Old Bayshore Road between Bayshore Road (SR 78) and SR 31 as it passes through Sections 12, 13 and 24, Township 43 South, Range 25 East.  (#20020334-Transportation)

10.

UTILITIES

11.

PARKS AND RECREATION

(a)

ACTION REQUESTED:

Approval to Piggyback (#PB020311) the City of Jacksonville Formal Bid #SC-0463-00 for the purchase of 212 each KAY PARK 6’ RECYCLED PLASTIC PICNIC TABLES in the amount of $96,300.00, inclusive of 12% discount and an additional preferred customer discount, which has gone through the competitive process to utilize one of the awarded vendors, Swartz Associates Inc., as the lowest qualified, and responsive bidder.  Lee County Parks and Recreation Department plans to utilize this annual bid for the unit prices as listed within the vendor’s response.  Contract awarded May 31, 2000 and renewed for one year through May 31, 2002.   The requesting department will be responsible for monitoring their individual expenditures.

WHY ACTION IS NECESSARY:

In accordance with the Lee County Purchasing Manual approved by the Board on March 21, 2000, the Board must approve all piggyback purchases $50,000.01 and above.

WHAT ACTION ACCOMPLISHES:

By allowing the department to piggyback onto the City of Jacksonville bid, it will give the department the authority to make the purchase within a timely manner.

(#20020267-Parks & 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).  (#20020387-Clerk of Courts)

(b)

ACTION REQUESTED:

That the Board of County Commissioners review and accept the annual Lee County Financial Assistance Report (FAR).

WHY ACTION IS NECESSARY:

To comply with the provisions of the single Audit Act, as amended, Office of Management and Budget Circular A-133, Audits of States, Local Governments and Non-Profit Organizations, and State of Florida, Florida Single Audit Act Statute 215.97.

WHAT ACTION ACCOMPLISHES:

Provides public notice of the availability of the Lee County Financial Assistance Report to the citizens of Lee County.  (#20020379-Clerk of Courts)

(c)

ACTION REQUESTED:

Approve payment of delinquent tax overbid claim. (Rosemarie A. Re)

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.  (#20020396-Clerk of Courts)

(d)

ACTION REQUESTED:

Approve payment of delinquent tax overbid claim. (Rookmattie Samaroo)

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.  (#20020397-Clerk of Courts)

1.

COUNTY ADMINISTRATION

2.

CONSTRUCTION AND DESIGN

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

(a)

ACTION REQUESTED:

Adopt an amendment to Administrative Code AC-3-10, External Fees and Charges Manual, to add a new fee to the Development Services Fee Schedule for commercial mining excavations.  Fee would be 2.2 cents per cubic yard.

WHY ACTION IS NECESSARY:

To establish a fee to provide for the additional costs inherent in the maintenance and operation of roadways impacted by excavation/mining operations in lieu of adopting a Roads Impact Fee for Excavation/Mining.

WHAT ACTION ACCOMPLISHES:

Establishes a new fee, payable at time of issuance of a Development Order for an excavation/mining project, to provide the additional funds necessary to maintain and strengthen roadway segments impacted by mining/excavation projects.

(#20020255-Development Services)

(b)

ACTION REQUESTED:

Amend External Fees and charges Manual, Administrative Code 3-10, to approve fee revisions for the Department of Community Development to offset the added cost for two (2) new Zoning Planner positions.

WHY ACTION IS NECESSARY:

Fees for Zoning have not been increased since 1994 and current fees do not cover the cost of providing services. This revision only covers the cost of adding the two (2) new positions recently approved by the Board.

WHAT ACTION ACCOMPLISHES:

The revision in the fees is revenue neutral covering only the added cost of the two new Zoning Planner positions.  (#20020370-Community Development)

5.

HUMAN SERVICES

6.

INDEPENDENT

(a)

ACTION REQUESTED:

Adoption of the resolution to amend the Administrative Code AC-6-1.

WHY ACTION IS NECESSARY:

To clarify intent of Lee County Policy 007.

WHAT ACTION ACCOMPLISHES:

Updates policy as proposed by BOCC.  (#20020360-Human Resources)

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

9.

TRANSPORTATION

10.

UTILITIES

11.

PARKS AND RECREATION

12.

COUNTY ATTORNEY

(a)

ACTION REQUESTED:

Direct to two public hearings the consideration of an amendment to a development agreement between Lee County and Long Bay Partners, LLC, governing the mitigation of the transportation impacts of the Brooks of Bonita Springs DRI.  Suggested dates:  May 14, 2002 and May 28, 2002.

WHY ACTION IS NECESSARY:

Florida Statutes, Section 163.3225, requires at least two public hearings before a local government amends a development agreement.

WHAT ACTION ACCOMPLISHES:

The substance of the proposed amendment is to conform the development parameters set forth in the agreement with the approvals contained in the governing DRI development order approvals.  The amendment also adjusts the right-of-way alignment of the Three Oaks Parkway Extension at the southern property line to conform to the agreement with the City of Bonita Springs.  (#20020359-County Attorney)

(b)

ACTION REQUESTED:

Pursuant to §125.37, F.S., to hear and act on a request to authorize an exchange of a portion of the County’s real property interest in an Iona Drainage Ditch canal (IDD Canal C-5) and a certain Outfall Drainage Easement located in Section 31, Township 45 South, Range 24 East, Lee County, Florida, in return for a replacement drainage easement at or near the existing drainage canal; to authorize the execution of a realignment agreement governing the terms of the exchange; and to authorize the Chairman to sign the necessary documents to complete the exchange according to the terms of the realignment agreement.

WHY ACTION IS NECESSARY:

An exchange of County-owned property under §125.37, F.S., requires approval by the Board of County Commissioners.

WHAT ACTION ACCOMPLISHES:

Authorizes an exchange of County-owned property under § 125.37, F.S.

(#20020236-County Attorney)

(c)

ACTION REQUESTED:

Approve settlement in Lee County v. Baker, et al; Case No.  99-6791-CA (Parcel 217/Richards).

WHY ACTION IS NECESSARY:

Board approval is necessary to enter settlement agreement.

WHAT ACTION ACCOMPLISHES:

Settles all claims for taking of Parcel 217.  (#20020394-County Attorney)

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS