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

 

July 9, 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:

Pastor Douglas Wahlberg

Faith Lutheran Church

 

 

 

 

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

 

 

10:00 AM

Special Presentation by Smart Growth Director on “Smart Financing”  (#20020702- County Administration)

 

 

 

Adjourn until 5:00 PM

CONSENT AGENDA

July 9, 2002

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Approve the creation of the Lee County Sports Development Council

WHY ACTION IS NECESSARY:

Recommendations of the Tourist Development Council require B.O.C.C. approval.

WHAT ACTION ACCOMPLISHES:

Implements a dedicated sports marketing department enabling the County to maintain and improve a competitive advantage in the lucrative sports market.  Currently amateur sports provide a $40 million impact on the Lee County economy.  (#20020703-VCB)

 

 

(b)

ACTION REQUESTED:

Approve resolution adopting proposed FY02-03 ad valorem millage rates and rolled-back rates; and schedule first and second public hearings on the FY02-03 proposed budget and proposed millage rate for September 5, 2002 at 5:05 p.m., and September 19, 2002 at 5:05 p.m. in the Commission Chambers Meeting Room.

WHY ACTION IS NECESSARY:

State law requires that the Board advise the Property Appraiser of the millage rates, rolled-back rates, and the date, time, and place of the first public hearing on the budget.

WHAT ACTION ACCOMPLISHES:

Authorizes the aforementioned information to be transmitted to the Property Appraiser as required by State Law.  (#20020729-Budget Services)

 

 

(c)

ACTION REQUESTED:

Approve Change Order No. 6 to Contract #236, with Markham Norton Stroemer & Co. PA for CN-98-11 ANNUAL FINANCIAL AUDIT (CONSTITUTIONAL OFFICERS) to allow for the continuation of services previously approved under Change Orders 3, 4 and 5, for an additional amount of $75,000.00.

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 Change Orders in excess of $50,000.00 to a Service Provider Agreements.

WHAT ACTION ACCOMPLISHES:

Allows the consultant to continue to provide professional financial auditing services for the completion of the previously authorized work.  (#20020705-Budget Services)

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

Concur with the selection of Consultants by the Competitive Negotiations Committee for CN-02-18 MATERIAL TESTING SERVICES, and authorize staff to negotiate hourly rates and independent testing cost with the following six (6) selected firms: Allied Engineering & Testing Inc., AMRC – American Management Resources Corp.; Ardaman & Associates Inc.; ACS Geosciences Inc.; GFA International; and Universal Engineering Sciences, for a contract period of two (2) years with the option of renewal for one (1) additional year.  Also, authorize Chairman on behalf of the Board to execute the agreements upon final negotiations.

WHY ACTION IS NECESSARY:

Pursuant to Lee County Contract Manual approved by the Board on September 25, 2002, the Board is required to approve all Consultant selections.

WHAT ACTION ACCOMPLISHES:

Provides the County with several consultants on contract that can provide professional services involving field and laboratory tests, evaluations and reports relating to soils and materials at various construction sites in Lee County for projects undertaken by various County departments/divisions.  (#20020713-Contracts)

 

 

(b)

ACTION REQUESTED:

Award Professional Services Agreement for CN-02-15 PUBLIC SAFETY HVAC REMODELING, to Anchor Engineering Consultants Inc., for a total contract amount of $81,400.00.

WHY ACTION IS NECESSARY:

Pursuant to the Lee County Contract Manual, approved by the Board on September 25, 2001, the Board is required to approval all Professional Services Agreements over $50,000.00.

WHAT ACTION ACCOMPLISHES:

Consultant will prepare plumbing, mechanical and electrical construction documents, review plumbing, mechanical and electrical shop drawings, and provide construction observation services for renovations to the Public Safety/Stockade Building HVAC Remodeling.  (#20020774-Construction & Design)

 

 

(c)

ACTION REQUESTED:

Award and authorize staff to enter into a Construction Manager Agreement for RFQ-02-04 Lee County Justice Center Expansion, for the Department of Construction & Design, to Centex Rooney Construction Company for the sum of five percent (5%) of the total construction cost of the project.  Also approve Budget Transfer from the Capital Improvement Fund Reserves in the amount of $20,000.00 and amend FY01/02 – 05/06 CIP for the Justice Center Expansion project accordingly.

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 Justice Center Expansion located at 1700 Monroe Street, Ft Myers Florida.  Services to include assisting in finalization of Master Plan, design support services, cost estimates, bidding and construction management  (#20020761-Construction and Design)

 

 

(d)

ACTION REQUESTED:

Approve Change Order No. 1 to the Addendum to the Construction Management Agreement under RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as Schandler Hall Park, Athletic Field Improvements & Restroom Replacement, to Compass Construction, Inc. (Contract #1739) for an increase to the Guaranteed Maximum Price (GMP) of $129,232.00 for a revised GMP of $329,232.00.

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, change order over $50,000 requires Board approval.

WHAT ACTION ACCOMPLISHES:

Provides the County with a Construction Manager which will provide any and all services needed for the Schandler Hall Park, Athletic Field Improvements and Restroom Replacement.  (#20020777-Construction and Design)

 

3.

COUNTY COMMISSIONERS

 

 

 

(a)

ACTION REQUESTED:

Approve resolution in support of the citrus industry.

WHY ACTION IS NECESSARY:

Board must approve Resolutions.

WHAT ACTION ACCOMPLISHES:

Supports the citrus industry and expresses concern for Citrus Canker eradication efforts.  (#20020799-County Commission)

 

 

4.

COMMUNITY DEVELOPMENT

 

 

 

(a)

ACTION REQUESTED:

Authorize the establishment of 1 Building Inspector position for the Department of Community Development.  Position to be fully funded by the City of Bonita Springs through current Interlocal Agreement and adopt budget amendment resolution to reflect receipt of funds in the amount of $13,028 (through end of current FY) from the City of Bonita Springs.

WHY ACTION IS NECESSARY:

To provide continuing, consistent services to the City of Bonita Springs.

WHAT THE ACTION ACCOMPLISHES:

Provides efficient service to City of Bonita Springs.  (#20020755-Community Development)

 

 

 

(b)

ACTION REQUESTED:

Accept a Petition VAC2002-00024 to Vacate the East 5-foot portion of a 25-foot wide Drainage Easement centered between Lots 131 and 132, River Forest Subdivision, Unit 4, as recorded in Plat Book 21, Page 100, of the Public Records of Lee County, Florida and adopt a Resolution setting a Public Hearing for 5:00 p.m. on the 13th day of August 2002.

WHY ACTION IS NECESSARY:

It would eliminate the encroachment of a home that was built in 1974.  The vacation of this easement will also provide clear title for future re-sale of the property.  The vacation of this five foot portion of the Drainage Easement will not alter existing or future drainage requirements.

WHAT ACTION ACCOMPLISHES:

Sets the time and date of the Public Hearing.  (#20020712-Development Services)

 

 

5.

HUMAN SERVICES

 

 

 

(a)

ACTION REQUESTED:

Terminate existing contract number 1903 between Lee County and Age Link of Lee County as of June 30, 2002.  Approve transfer of remaining contract balance as of June 30, 2002 to United Way of Lee County for the purpose of information and referral services.  Authorize Board Chairman to sign contract with United Way once prepared. 

WHY ACTION IS NECESSARY:

AgeLink of Lee County lost State funding for the Information and Referral program for Lee County in March 2002.  The Corporation is therefore being dissolved and information and referral services for Lee County are being assumed by the United Way of Lee County. 

WHAT ACTION ACCOMPLISHES:

Authorizes termination of existing contract and approval to transfer contract balance to new contract with United Way to continue this service in Lee County.  (#20020744-Human Services)

 

 

 

(b)

ACTION REQUESTED:

Consider contract adjustments for medical mal practice and workers compensation for Shady Rest Care Pavilion, Inc.

WHY ACTION IS NECESSARY:

To adjust current required liability insurance.

WHAT ACTION ACCOMPLISHES:

Amends Operations and Lease Agreement with Shady Rest Care Pavilion, Inc.  (#20020782-Human Services)

 

 

(c)

ACTION REQUESTED:

Execute a Contract between Lee County Board of County Commissioners (BoCC) and The Health Planning Council of Southwest Florida, Inc. for the Housing Opportunities for Persons with AIDS Program (HOPWA).  Approve a Budget Resolution to the General Fund in the amount of $70,338.00

WHY ACTION IS NECESSARY:

To execute a contract required to receive HOPWA funds.

WHAT THE ACTION ACCOMPLISHES:

Provides $ 70,338.00 for case management to eligible HIV+ Lee County residents.  (#20020783-Human Services)

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Schedule Public Hearing for August 13, 2002, at 5:00 p.m. to adopt and certify the Special Assessment Rolls for 18 Municipal Service Benefit Units.

WHY ACTION IS NECESSARY:

Florida Statute requires adoption and certification by Resolution Annual Special Assessment Roll to the Tax Collector for collection.

WHAT ACTION ACCOMPLISHES:

Allows staff to advertise and prepare for Public Hearing.  (#20020687-MSTBU Services)

 

 

(b)

ACTION REQUESTED:

Accept staff recommendation to reject all bids submitted in response to Formal Quotation #Q-020358, Sale of Property located at 4551 Tilton Court, Fort Myers, FL (STRAP # 02-45-24-P2-00066.002B) for the Division of County Lands.

WHY ACTION IS NECESSARY:

On March 12, 2002 the Board took action declaring this property surplus and authorizing the Division of County Lands, in cooperation with the Division of Purchasing Services, to accept sealed quotations to dispose of this surplus property.  The Board’s action on that date indicated that staff must return to the Board for acceptance or rejection of the quotations.

WHAT ACTION ACCOMPLISHES:

Fulfills the requirements of the March 12, 2002 action (#20020734-County Lands)

 

 

(c)

ACTION REQUESTED:

Approve the Lease Agreement for the landward (landing site) portion of the Outer Islands Solid Waste Transfer Project, pursuant to the terms and conditions as set forth in the Lease Agreement; authorize payment of necessary costs to close; authorize Chairman on behalf of the Board of County Commissioners to execute the Lease Agreement; authorize the Division of County Lands and/or County Attorney’s Office to handle and accept all documentation necessary to complete this transaction.

WHY ACTION IS NECESSARY:

The Board must approve all real estate leases for Lee County.

WHAT ACTION ACCOMPLISHES:

The Lease Agreement will provide for a landward receiving site for solid waste generated on the Outer Islands of Lee County.  (#20020742-County Lands)

 

 

(d)

ACTION REQUESTED:

Approve reconveyance of a property originally donated for a perpetual utility easement located in Section 22, Township 45 South, Range 25 East; authorize Chairman on behalf of the Board of County Commissioners to execute County Deed; authorize County Lands Division to handle and complete all documentation necessary to finalize this transaction.

WHY ACTION IS NECESSARY:

The current property owners have requested the return of this easement in accordance with F.S. 255.22.  Board execution of the county deed is necessary to transfer a county interest in the property.

WHAT ACTION ACCOMPLISHES:

Extinguishes the county’s easement in property.  (#20020752-County Lands)

 

 

(e)

ACTION REQUESTED:

Approve award of the following Projects:  # EX020599, the purchase of 97 Dell personal computers from Dell Marketing L.P. at the Florida State Contract price of $115,548.00; and # IT020600, the purchase of 96 APC Back-Ups Pro 650 units from Insight at the competitively quoted open market price of $21,371.04 for the Lee County Library Division.  Grand total amount:  $136,919.04.  Also approve the expenditure of a not-to-exceed amount of $5,000.00 for miscellaneous and incidental items that may be needed; including, but not limited to, cables, cards, overnight delivery, etc.

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:

These computers will replace all staff and public WinTerms throughout the library system; allowing the Lee County Library Division to upgrade existing technology and phase into the implementation of the Horizon Sunrise System.  (#20020766-Library)

 

 

(f)

ACTION REQUESTED:

Adopt revisions to the following Lee County Policies:  Definitions (#002), Use of Communication Systems (#208), Hiring (#301), Transfer (#305) & Promotion (#306) .  Adoption of the resolution to amend Administrative Code 6-1.

WHY ACTION IS NECESSARY:

Brings current policies up to date and unifies provisions.

WHAT ACTION ACCOMPLISHES:

Updates policies that did not meet the needs of the organization and brings unified policies into effect.  (#20020769-Human Resources)

 

 

(g)

ACTION REQUESTED:

Adopt by resolution, amendments to Lee County Administrative Code AC-4-1, “Lee County Purchasing & Payment Procedures Manual”.

WHY ACTION IS NECESSARY:

On December 23, 1997, and pursuant to Section 2.2E of Lee County Ordinance 96-01 (the Lee County Charter), the Board adopted the Lee County Administrative Code by County Ordinance (97-23).  The Ordinance (97-23) requires that all subsequent amendments to the Lee County Administrative Code be made by a Resolution of the Board of County Commissioners adopted at a regular meeting.

WHAT ACTION ACCOMPLISHES:

Makes several refinements to the existing manual and adds a new section.  This will give the departments/divisions a more workable manual by further streamlining many of the processes.  (#20020778-Purchasing)

 

 

(h)

ACTION REQUESTED:

Adopt the FY02 annual update to the Five Year Lee County Transit Development Plan.

WHY ACTION IS NECESSARY:

F. S. 341.052 requires the Transit Development Plan be updated annually in order to receive the Florida Public Transit Block Grant Program.

WHAT ACTION ACCOMPLISHES:

Provides an update of the progress toward goals and initiatives for the second year of the major plan update adopted by the BOCC on May 29, 2001.  (#20020740-Transit)

 

 

(i)

ACTION REQUESTED:

Accept by donation, Parcel 6 for right-of-way necessary for the Charlee Road Special Improvements MSBU for paving and maintenance of the existing road; authorize the Division of County Lands to handle and accept all documentation necessary; authorize payment of recording fees.

WHY ACTION IS NECESSARY:

Charlee Road is currently a privately owned road and the County cannot initiate paving and maintenance without a fee interest.

WHAT ACTION ACCOMPLISHES:

Acquisition of right-of-way via Quit-Claim Deed by donation from benefited property owner.  (#20020768-County Lands)

 

 

(j)

ACTION REQUESTED:

Schedule a Public Hearing for August 13, 2002, at 5:00 P.M. to consider Ordinance amending the legal description of the Riverdale Shores Improvement District.

WHY ACTION IS NECESSARY:

It is a legal requirement for the Board to consider the amendment of an existing MSTU.

WHAT ACTION ACCOMPLISHES:

Allows staff to prepare and advertise the Public Hearing.  (#20020735-MSTBU Services)

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Approve award of Formal Quotation # Q-020433, for the annual Purchase of Medical Supplies Product Group A, for the Division of Public Safety  (Emergency Medical Services), for an estimated annual expenditure of  $123,540.53 to the overall low quoter meeting all specification requirements Emergency Medical Products, Inc. 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 interest of the County, at the expiration of the original term.  Funding will come from the individual departments budget and they will be responsible for monitoring their own expenditures.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Establishes competitive pricing for the Purchase of Medical Supplies-Product Group A, on and annual basis.  (#20020730-Emergency Medical Service)

 

 

(b)

ACTION REQUESTED:

Adopt the annual resolution approving collection of the E-911 recurring operating cost of 42 cents from the local exchange telephone subscribers for FY02-03.

WHY ACTION IS NECESSARY:

Adopt the annual resolution approving collection of the E-911 recurring operating cost of 42 cents from the local exchange telephone subscribers for FY02-03.

WHAT ACTION ACCOMPLISHES:

Allows the telephone company to collect the user fee necessary for the recurring expenses of tariff rates, database, operator training, equipment and maintenance needed to support the Lee County enhanced emergency telephone number network which provides for police, fire/rescue and emergency medical service response.  (#20020746-E-911)

 

 

(c)

ACTION REQUESTED:

Approve award of Formal Quotation # Q-020384, Two (2) Trailer-Mounted Generators, for the Division of Public Safety, to the low quoter meeting all specification requirements, Standby Systems, Inc., for a grand total amount of $52,082.00.  Also approve the expenditure of a not-to-exceed amount of $5,000.00 to reposition the portable generator electrical connection at the Caloosa Middle School.

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 Division of Public Safety to obtain two (2) 50 kW portable emergency generators that will be used to provide emergency power at two (2) public shelters; and for other emergency response purposes.  (#20020750-Emergency Management)

 

 

(d)

ACTION REQUESTED:

Accept EMS Matching Grant Award of $30,000.00 from the Bureau of Emergency Medical Services for the purchase of an air-conditioned bio medical transport trailer.  Also approve a budget amendment resolution in the amount of $30,000.00 for Fiscal Year 2002

WHY ACTION IS NECESSARY:

To give budgetary authority to receive the grants.

WHAT ACTION ACCOMPLISHES:

Completes application and agreement process which entitles Lee County to State EMS Matching Grant funds.  The original grant application was signed by Board Chairman on November 20, 2001.  (#20020765-Emergency Medical Service)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Approve increase to Bid Waiver (BW-01-05) for LEE COUNTY BEACH NOURISHMENT PROJECT, and approve Change Order #5 under contract #713 with Marlowe & Company in the amount of $15,000.00 for a total lump sum contract amount of $107,000.00.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Marlowe & Company will continue to provide Federal Lobbying for Lee County’s beach renourishment projects.  (#20020726-Natural Resources)

 

 

(b)

ACTION REQUESTED:

Approve the award of Project # EX020588, the purchase of two (2) John Deere 410G backhoe/loaders for the Lee County Solid Waste Division, from Nortrax Equipment Co., at the prices given in Federal General Services Administration (GSA) contract # GS-30F-1021D.  Contract cost per unit is $59,563.53 – plus non-contract items in the amount of $19,781.00 – for a total cost of $79,344.53 each.  Grand total cost for two (2) units:  $158,689.06.

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:

These backhoe/loaders will be used for the loading and handling of waste products at the Hendry County Landfill and Transfer Station.  (#20020733-Solid Waste)

 

 

(c)

ACTION REQUESTED:

Approve and authorize Chairman to sign Amendment #1to the Discarded Electronic Equipment Collection and Recycling Grant (HW467) for FY02-03.

WHY ACTION IS NECESSARY:

The State requires certification that the person signing the grant application possesses the authority to sign the amendment on behalf of the County. Amendment #1 will extend the Grant period or term by approximately 6 months.

WHAT ACTION ACCOMPLISHES:

Satisfies State guidelines for signature authority for amendments to State Grants.  (#20020781-Solid Waste)

 

 

(d)

ACTION REQUESTED:

Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-02-19 NORTHWEST LEE COUNTY SURFACE WATER MANAGEMENT PLAN, in the following order of ranking and authorize contract negotiations to commence with the number one ranked firm:  (1) Boyle Engineering Corporation; (2) East Bay Group LLC; and (3) Berryman & Henigar 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:

The Consultant will provide an overall assessment of the northwest region of the County with regard to surface water management and develop a surface water management plan.  (#20020728-Natural Resources)

 

 

(e)

ACTION REQUESTED:

Board approve and execute Agreement No. C-13112 with the South Florida Water Management District for the project known as Ten Mile Canal Filter Marsh (202965) in the amount of $400,000.00.  Participation by the South Florida Water Management was incorporated in the FY97/98-01/02 Capital Improvement Program.

WHY ACTION IS NECESSARY:

All contracts and agreements in excess of $50,000.00 require approval by the Board of County Commissioners.

WHAT ACTION ACCOMPLISHES:

Provides funding mechanism for South Florida Water Management District to contribute to the Ten Mile Canal Filter Marsh project.  (#20020773-Natural Resources)

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Request Board approve revision to the Memorandum of Understanding between Lee County and The Lee County Port Authority related to the Treeline Avenue Extension Project to decrease the Lee County Department of Transportation’s share from $1,050,000 to $900,000.

WHY ACTION IS NECESSARY:

Requires BOCC approval for revision to Memorandum of Understanding.

WHAT ACTION ACCOMPLISHES:

Allows Port Authority to proceed with project.  (#20020648-Transportation)

 

 

(b)

ACTION REQUESTED:

Approve the award of Project # EX020536, the purchase of seven (7) New Holland mowing tractors – six (6) for DOT and one (1) for Parks & Recreation – from Landig Tractor Co., Inc. via Florida State Contract # 765-900-02-1.  Pricing breaks down as follows:  State Contract amount (includes the tractors and assorted options):  $190,876.40; and assorted non-contract options in the amount of:  $39,987.00.  Grand total:  $230,863.40.

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:

These tractors are replacement units, and will provide DOT and Parks & Recreation with the equipment needed to mow County right-of-ways, sidewalks, and other designated areas.  The tractors being replaced have met Fleet Management’s replacement criteria requirements.  (#20020631-Transportation)

 

 

(c)

ACTION REQUESTED:

Approve award of Project #EX020562, the purchase of one (1) new New Holland TS110 tractor with a 21’ Alamo Machete boom mower attachment for Lee County DOT – Operations, from Alamo Industrial, at the prices given in Florida State Contract # 765-900-02-1 – total contract price:  $79,516.92.

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 new equipment will provide DOT – Operations with the ability to mow canals and clean ditch banks on right-of-ways.  It replaces equipment that has met Fleet Management’s replacement criteria requirements.  (#20020680-Transportation)

 

 

(d)

ACTION REQUESTED:

Approve transfer from reserves in the amount of $320,000 in the Capital Improvements Fund for The Alico Road project and amend FY 02-06 Capital Improvement Program.

WHY ACTION IS NECESSARY:

Requires BOCC approval to transfer reserves and amend CIP.

WHAT ACTION ACCOMPLISHES:

Provides sufficient funds to install landscaping.  (#20020759-Transportation)

 

 

(e)

ACTION REQUESTED:

Approve and execute a Joint Project Agreement between Lee County DOT and Florida Water Service Corp. on the Lee Blvd., Phase IV Improvement Project.  Also approve Budget Amendment Resolution in the Transportation Capital Improvement Fund in the amount of $656,155.00 for unanticipated revenues from Florida Water Service Corp. and expenditures for the Lee Blvd., Phase IV Improvement Project.  Amend FY02 –06 Capital Improvement Program.

WHY ACTION IS NECESSARY:

This agreement will permit the County’s contractor to construct the Florida Water Service utility lines along Lee Blvd.  This will eliminate a conflict between contractors working in the same area during the construction period.  All CIP amendments require BOCC approval.

WHAT ACTION ACCOMPLISHES:

Provide mechanism that one general contractor will perform the roadway construction as well as the utility work.  Amend FY02 – 06 Capital Improvement Program.  (#20020771-Transportation)

 

 

(f)

ACTION REQUESTED:

Authorize staff to negotiate the purchase of 150’ of Right of Way from the Owner of Villages of San Carlos DRI and bring the proposed purchase agreement back to the BOCC for approval.

WHY ACTION IS NECESSARY:

Staff is requesting Board approval to proceed to negotiate the voluntary acquisition of the proposed right of way.

WHAT ACTION ACCOMPLISHES:

Allows staff to proceed with negotiation for the voluntary acquisition of right of way.  #20020772-Transportation)

 

 

(g)

ACTION REQUESTED:

Approve Supplemental Task Authorization (STA) No. 3 to Ink Engineering Inc. for CN-00-04 MISCELLANEOUS CIVIL ENGINEERING DESIGN AND/OR INSPECTION SERVICES (Contract No. 1462) for Boca Grande Drainage in the amount of $148,204.39.  Also approve budget transfer from reserves from the Boca Grande Road Impact Fees fund in the amount of $200,000 including project management and amend FY01/02-05/06 CIP accordingly.

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:

Furnishes a consultant to provide professional design and public involvement services for the project known as Boca Grande Drainage.  (#20020756-Transportation)

 

 

(h)

ACTION REQUESTED:

Award B-02-14 LEE BOULEVARD/PHASE IV, for the Department of Transportation, to the lowest responsive/responsible bidder meeting all bidding requirements, Stevens & Layton, Inc., for a total not-to-exceed contract amount of $2,999,998.55, with a project completion time of 360 calendar days.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

This contract is for the widening of Lee Boulevard to a four lane road from Homestead Road to Williams Road and three lanes from Williams Road to Leeland Heights Boulevard.  (#20020775-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve final acceptance by Resolution and recording of two utility easements, as a donation of a water distribution system, gravity collection system and lift station serving Danforth Lakes, Phase I.  This is a developer contributed asset project located on the west side of Palomino Lane approximately one mile north of Daniels Parkway.

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.  (#20020708-Utilities)

 

 

(b)

ACTION REQUESTED:

Approve construction of water and gravity main extensions 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 Boulevard.

WHY ACTION IS NECESSARY:

To provide potable water, fire protection and sanitary sewer service to this phase of the residential development.

WHAT ACTION ACCOMPLISHES:

Complies with the Lee County Utilities line extension policy and provides adequate utility infrastructure to support development of this phase.  (#20020760-Utilities)

 

(c)

ACTION REQUESTED:

Approve final acceptance, by Resolution, as a donation for one fire hydrant serving Alico Industrial Center, Lot 16.  This is a Developer contributed asset project located on the east side of Alico Center Road approximately ½ mile south of Alico Road.

WHY ACTION IS NECESSARY:

To provide fire protection to the recently constructed industrial building.

WHAT ACTION ACCOMPLISHES:

Places the fire hydrant into operation and complies with the Lee County Utilities Operations Manual.  (#20020764-Utilities)

 

 

(d)

ACTION REQUESTED:

Approve construction of a water distribution and gravity collection system serving Renaissance, Phase 3. This is a Developer contributed asset and the project is located on the north side of Daniels Parkway just west of I-75.

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.  (#20020767-Utilities)

 

 

(e)

ACTION REQUESTED:

Accept Bonita Springs Utilities, Inc. (BSU) Petition for a modification to its franchise area and water and wastewater tariffs within its franchise area of Lee County, Florida; and authorize staff to set a public hearing for 8-13-02 at 5:00 p.m., to adopt a Resolution approving the modified franchise area and updated Water and Wastewater Tariffs for BSU.

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 franchise or tariffs.

WHAT ACTION ACCOMPLISHES:

Provides required Board approval for BSU to modify its franchise and water and wastewater tariffs.  (#20020793-Utilities)

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Approve issuance of $220,000 in road impact fee credits to Transeastern Laguna Lakes, LLC for a 50' wide segment necessary for the Bass Road widening project; accept the warranty deed from Transeastern and authorize staff to take the necessary action to close this transaction.

WHY ACTION IS NECESSARY:

Board approval is necessary for the acceptance of warranty deeds and issuance of impact fee credits.

WHAT ACTION ACCOMPLISHES:

Establishes fee title in Lee County to a 50' wide strip of land necessary for the Bass Road widening project.  (#20020795-County Attorney)

 

 

(b)

ACTION REQUESTED:

Adopt resolution approving the issuance of Lee County Industrial Development Authority Bonds on behalf of Cypress Cove at HealthPark Florida, Inc. in an amount not to exceed $40,000,000.00 for the primary purpose of financing certain costs incurred or to be incurred by Cypress Cove at HealthPark Florida, Inc. (the “Corporation”) in connection with the acquisition, construction and equipping of certain senior care facilities.

WHY ACTION IS NECESSARY:

Authorizes Industrial Development Authority to issue industrial development bonds pursuant to Chapter 159, Florida Statutes.

WHAT ACTION ACCOMPLISHES:

Provides Board consideration of proposed Industrial Development Authority Bonds as required by Internal Revenue Code and Florida Statutes. Board approval will authorize and adopt approving bond issuance resolution.  (#20020790-County Attorney)

 

 

(c)

ACTION REQUESTED:

Adopt resolution approving the issuance of Lee County Industrial Development Authority Bonds on behalf of The Christian and Missionary Alliance Foundation, Inc. d/b/a Shell Point Village in an amount not to exceed $35,000,000.00 for the primary purpose of financing and refinancing all or part of the costs incurred or to be incurred by the Christian and Missionary Alliance Foundation, Inc. d/b/a Shell Point Village (the “Corporation”) in connection with the acquisition, construction and equipping of an independent living facility for the elderly.

WHY ACTION IS NECESSARY:

Authorizes Industrial Development Authority to issue industrial development bonds pursuant to Chapter 159, Florida Statutes.

WHAT ACTION ACCOMPLISHES:

Provides Board consideration of proposed Industrial Development Authority Bonds as required by Internal Revenue Code and Florida Statutes. Board approval will authorize and adopt approving bond issuance resolution.  (#20020791-County Attorney)

 

 

(d)

ACTION REQUESTED:

Adopt resolution approving the issuance of Lee County Industrial Development Authority Bonds on behalf of Bonita Springs Utilities, Inc. in an amount not to exceed $65,000,000.00 for the primary purpose of financing or refinancing all or part of the cost of certain capital improvement costs incurred or to be incurred by Bonita Springs Utilities, Inc. in connection with its water and sewer utility system.

WHY ACTION IS NECESSARY:

Authorizes Industrial Development Authority to issue industrial development bonds pursuant to Chapter 159, Florida Statutes.

WHAT ACTION ACCOMPLISHES:

Provides Board consideration of proposed Industrial Development Authority Bonds as required by Internal Revenue Code and Florida Statutes. Board approval will authorize and adopt approving bond issuance resolution.  (#20020792-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).  (#20020770-Clerk of Courts)

 

 

(b)

ACTION REQUESTED:

Approve Budget Amendment resolution in the amount of $130,202 representing revenues collected by the Sheriff’s Office from 02/01/02 to 05/30/02.  Also approve expenses of $130,202 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.  (#20020741-Sheriff)

 

 

(c)

ACTION REQUESTED:

Approve issuance of purchase order in the amount of $205,000.00 to the Lee County Property Appraiser for the postage expense of the “Notice of Proposed Property Taxes” mailing and approve necessary funds transfer from reserves.

WHY ACTION IS NECESSARY:

Pursuant to FS 200.069, the funding is required for printing and mailing of the “Notices of Proposed Property Taxes”.

WHAT ACTION ACCOMPLISHES:

Provides the funding for mailing of “Notices of Proposed Property Taxes”.  (#20020776-Property Appraiser)

 

 

(d)

ACTION REQUESTED:

Approve the purchase of eight (8) defibrillators (AED) by Lee County EMS for the approximate cost of $2,000 per machine, for total cost of $16,000.

WHY ACTION IS NECESSARY:

Currently the County has: one (1) defibrillator in the Lee County Governmental Complex (Cape Coral); two (2) in the Constitutional Officers Complex; two (2) in the Administration Building; two (2) at the Sheriff’s Office and six (6) in the Justice Center.  The deliberators were provided to lessen the response time to an emergency cardiovascular situation.  By placing one on each floor of the Lee County government buildings we will be providing minutes to the response time when seconds count.

WHAT ACTION ACCOMPLISHES:

The request will provide the following number of units for: First Union Building (1); Heitman Street location (1); Administration Building (2); Constitutional Officer Complex (2); and Lee County Government Complex (2).  (#20020693-Clerk of Courts)

 

 

(e)

ACTION REQUESTED:

Approval of new Voting Precinct Lines due to Redistricting.

WHY ACTION IS NECESSARY:

FL Statutes 101.001(1) states newly created voting precincts due to redistricting must be approved by the County Commission.

WHAT ACTION ACCOMPLISHES:

Approves new Lee County voting precincts.  (#20020786-Elections)

 

 

ADMINISTRATIVE AGENDA

July 9, 2002

 

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

 

(a)

ACTION REQUESTED:

Request Board approve resolution to be sent to the Veterans Administration

WHY ACTION IS NECESSARY:

Board must approve resolution

WHAT ACTION ACCOMPLISHES:

Confirms the Board’s support of the Veterans Administration.  (#20020796-County Commission)

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Concur with the Roadway Landscape Advisory Committee’s (RLAC) recommendation to deny a grant application request from the Villages of Country Creek Master Association for a Landscaping Funds Program grant to landscape approximately 1600’ of roadside frontage along Corkscrew Road.

WHY ACTION IS NECESSARY:

The Landscaping Funds Program (Administrative Code 11-08) requires that project-funding recommendations be sent to the BOCC for approval.

WHAT ACTION ACCOMPLISHES:

Denies a grant application request to fund a landscaping project along approximately 1600’ Corkscrew Road.  (#20020696-Transportation)

 

 

(b)

ACTION REQUESTED:

Approve Change Order No. 6 with Westwind Construction, under contract #1798 (B-01-17) VETERAN’S PARKWAY – SURFSIDE TO BURNT STORE, in the amount of $2,559,833.98, for a revised total contract amount of $9,586,636.73.

WHY ACTION IS NECESSARY:

Pursuant to Lee County Contract Manual, approved on September 25, 2001, Board approval is required for Change Orders in excess of $50,000.00.

WHAT ACTION ACCOMPLISHES:

Completes the improvements to the Veteran’s Parkway Corridor using the current contract and contractor as contemplated in the bid documents.  (#20020758-Transportation)

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Consider request of Robert Strong to mitigate one demolition lien; and reduce the lien to the principal owed which is $3,950.00.

WHY ACTION IS NECESSARY:

Only Board can mitigate County liens

WHAT ACTION ACCOMPLISHES:

Responds to request to mitigate lien.  (#20020727-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

 

                PUBLIC AGENDA

                                                                                                                 

 

5:00 PM

(#1)

Public Hearing

 

 

ACTION REQUESTED:

Adopt a Resolution on Petition #VAC2002-00016 to Vacate a 100 foot wide Ingress, Egress, and Public Utility Easement that is 1 ¼ miles east of I-75 on Alico Rd in Lee County, as recorded in OR Book 1142, Page 1034, Public Records of Lee County, Florida.

WHY ACTION IS NECESSARY:

To remove an unnecessary encumbrance on the property in order to clear up title issues for future development. 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:

Vacates the Ingress, Egress, and Public Utility Easement.  (S1 & 2-T46S-R25E)  (#5)   (#20020659-Development Services)

 

(#2)

Public Hearing

 

 

ACTION REQUESTED:

Adopt a Resolution on Petition VAC2002-00018 to Vacate 12' wide Public Utility and Drainage Easement centered on side and rear lot lines of Lots 12B & 13A and 12B & 11, Block 42, Unit 11, Lehigh Acres, Florida, as recorded in Plat Book 34, Page 34, of the Public Records of Lee County, Florida.

WHY ACTION IS NECESSARY:

To develop a residential building site.   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:

Vacates the Public Utility and Drainage Easement.  (S23-T44S-R27E)  (#5)  (#20020673-Development Services)

 

(#3)

Public Hearing

 

 

ACTION REQUESTED:

Adopt a Resolution on Petition VAC2002-00021 to Vacate 12' wide Public Utility and Drainage Easement lying 6 feet each side of the common lot lines dividing Lots 4 & 5 and 5 & 6, Block D, Airport Woods Commerce Center, as recorded in Plat Book 50, Pages 64-68, of the Public Records of Lee County, Florida.

WHY ACTION IS NECESSARY:

To develop a commercial building site.  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:

Vacates the Public Utility and Drainage Easement.  (S14-T45S-R25E)  (#5)  (#20020668-Development Services)

 

(#4)

Public Hearing

 

 

ACTION REQUESTED:

Approve Resolutions to Assess:

A.  Cherry Blueberry Improvement Unit of $ 54.41 per lot

B.  Country Estates, Unit 3, Streetlighting Unit for an assessment of $12.25 per lot

C.  Country Lakes Streetlighting for an assessment of $43.84 per lot

D.  Golden Lake Heights Streetlighting Unit  for an assessment of $5.29 per lot

E.  Palm Terrace Streetlighting Unit for an assessment of $3.67 per lot

F.  Pine Lake Streetlighting Unit for an assessment of $78.88 per lot

G.  Schoolview Homes Streetlighting Unit for an assessment of $8.68 per lot

H.  Sheltering Pine Mobile Home Village Special Improvement Unit for an assessment of  $10.00 per lot

I.  Western Acres Improvement Unit for an assessment of $0.6938 per front foot

J.  University Overlay Special Improvement Unit for streetlighting for an assessment of $0.96 per front foot

WHY ACTION IS NECESSARY:

In order to fund the ongoing maintenance of the Municipal Service Benefit Units, a Public Hearing must be held.

WHAT ACTION ACCOMPLISHES:

Provides the funding for FY 20020-2003  (#20020628-MSTBU Services)

 

(#5)

Public Hearing

 

 

ACTION REQUESTED:

Conduct second public hearing on proposed extension of Communication Tower Interim Ordinance (Lee County Ordinance No. 01-20).

WHY ACTION IS NECESSARY:

Public Hearings are necessary to adopt amendments to the LDC.

WHAT ACTION ACCOMPLISHES:

Allows for discussion and public input on proposed extension of Communication Tower Interim Ordinance (Lee County Ordinance No. 01-20).  (#20020757-County Attorney)

 

(#6)

Public Hearing

 

 

ACTION REQUESTED:

Conduct a public hearing and consider the adoption of a County Ordinance enacting a one-half cents (½¢) sales tax increase levy for essential health care services subject to Referendum approval, subject to the adoption of the Ordinance, adopt a County Resolution presenting a Special Referendum Question to the electorate at the November 5, 2002 election, for the proposed one-half percent (½%) [one-half cents (½¢)] surtax on each one dollar sale for essential health care services for Qualified Lee County Residents for a period of ten (10) years.

WHY ACTION IS NECESSARY:

Implements direction of the proposed County Ordinance enacting a one-half cents (½¢) sales tax levy subject to Referendum approval on November 5, 2002.

WHAT ACTION ACCOMPLISHES:

Submits Referendum Question in an authorizing Ordinance and Resolution to the Supervisor of Elections.  (#20020739-County Attorney)

 

(#7)

Public Hearing

 

 

ACTION REQUESTED:

Conduct a public hearing to adopt new Utilities’ rates and charges by Resolution.

WHY ACTION IS NECESSARY:

The Lee County Board of County Commissioners must approve all rate changes by Resolution, duly advertised.

WHAT ACTION ACCOMPLISHES:

Establishes new utility rates and charges for Lee County Utilities.   (#20020690-Utilities)

 

(#8)

Public Hearing

 

 

ACTION REQUESTED:

Conduct a public hearing and consider Board approval to amend Lee County Ordinance No. 00-20, incorporating the Outer Islands into the Solid Waste Collection Program as a new solid waste collection and disposal Service Area to be known as Service Area 7, “Outer Islands”.

WHY ACTION IS NECESSARY:

The Lee County Board of County Commissioners must approve any and all amendments to Lee County Ordinances.

WHAT ACTION ACCOMPLISHES:

Establishes an additional Service Area in the Lee County Solid Waste Collection Program.  (#20020751-County Attorney)

 

(#9)

Public Hearing

 

 

ACTION REQUESTED:

Request Board conduct a public hearing and approve a Resolution to establish the Solid Waste Collection and Disposal Program Special Assessments, rates and charges for tax year 2002; approve the proposed Resolution setting the annual special assessments and fees for the 2002 tax year, and direct the special assessments to be placed onto the Lee County tax bill for collection by the Lee County Tax Collector per Section 197.3632, Florida Statutes, for the 2002 tax year and each year thereafter by the terms of the Resolution.

WHY ACTION IS NECESSARY:

Lee County Ordinance Nos. 00-20 and 95-20, both as amended, require that the annual Solid Waste Collection and Disposal Special Assessments, rates and fees be adopted on or before July 30th of each year.  To meet this requirement, the Board is being requested to set the rates and charges, and direct the special assessments to be laced onto the Lee County tax bill for 2002 and each year thereafter by the terms of the Resolution.

WHAT ACTION ACCOMPLISHES:

Complies with the requirements of Lee County Ordinance Nos. 00-20 and 95-20, both as amended, establishes the annual special assessments, rates and fees for the Mandatory Solid Waste Collection and Disposal Program, and directs the placement of the solid waste assessments onto the Lee County tax bill for collection by the Lee County Tax Collector per Section 197.3632, Florida Statutes, for the 2002 tax year.  (#20020725-Solid Waste)

 

5:05 PM

Public Presentation of Matters by Citizens

 

 

Adjourn