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

 

 

September 17, 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:

Dr. David Swanson

Covenant Presbyterian Church

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentation:

 

 

·   

NAACP Resolution

 

 

(Commissioner Albion-#20021031)

 

 

·   

ABWA Day Resolution

 

 

(Commissioner Albion-#20021032)

 

 

·   

“Updates on Collared Panthers” Presentation

 

 

(Commissioner Judah-#20021035)

 

 

 

Recap

 

 

 

Public Comment on the Consent and Administrative Agenda

 

 

 

Consent Agenda:

 

·   

Items to be pulled for discussion by the Board

 

·   

Motion to approve balance of items

 

·   

Consideration of items pulled for discussion

 

 

 

Administrative Agenda

 

 

 

Walk-ons and Carry-overs

 

 

 

Commissioners' Items/Committee Appointments

 

 

 

County Manager Items

 

 

 

County Attorney Items

 

 

 

Adjourn

CONSENT AGENDA

September 17, 2002

 

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Approve interfund loan for transit and the extension of interfund loan for MSTBU services.  The loans, with time extensions will be due September 30, 2003, unless retired at an earlier date.

WHY ACTION IS NECESSARY:

Current interfund loans crossing fiscal years must be re-approved, and it extends the time funds can accumulate cash to pay off the loans.

WHAT ACTION ACCOMPLISHES:

The MBTBU loan provides funds to close out construction fund and relocate debt to MSTBU fund.  Loans to be reimbursed in FY 02-03 with collected assessments.  The Transit loan provides funds for operating until FDOT reimburses it in 11/02 for 4th Qtr. Expenses.  (#20021022-Budget Operations)

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Accept a Petition VAC2002-00029 to Vacate a portion of Harbour Landing Drive Right-of-Way Easement, in Tract A, Harbour Landings, a Subdivision of Gulf Harbour, Plat Book 57, Pages 46 & 47, of the Public Records of Lee County, Florida and adopt a Resolution setting a Public Hearing for 5:00 p.m. on the 22nd day of October 2002.

WHY ACTION IS NECESSARY:

The project’s site plan has been modified and this right-of way easement is no longer needed to provide access to the project.  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:

Sets the time and date of the Public Hearing.  (#20020871-Development Services)

 

5.

HUMAN SERVICES

 

 

(a)

ACTION REQUESTED:

Approve and execute contract with, and establish FY 03 program budget for, the Florida Department of Community Affairs (DCA) for a total of $105,244 for the FY 2003 Comprehensive Weatherization Assistance Program (WAP).  Funding breakout:  $16,897 for Weatherization Assistance (WAP); $31,190 for the Low Income Home Energy Assistance Program (LIHEAP); and $57,157 for the Low Income Emergency Home Repair Program (LEHRP).  Also, approve Budget Amendment Resolution for FY02-03 effective October 2, 2002.

WHY ACTION IS NECESSARY:

DCA program contract for WAP and its two enhancement programs, LIHEAP and LEHRP, must be approved and executed prior to issuance of grant funding.

WHAT ACTION ACCOMPLISHES:

Enables the Department of Human Services to receive and administer the FY 2003 WAP, LIHEAP and LEHRP grant funding.  (#20021020-Human Services)

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Accept by donation, Parcel 15 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.  (#20020973-County Lands)

 

 

(b)

ACTION REQUESTED:

Declare County-owned property identified as part of Strap No. 30-43-25-00-00012.0000 located at 6900 Samville Road, North Fort Myers, Florida as surplus, and direct staff to proceed with conveyance to the State of Florida Department of Transportation in accordance with FS 125.38; approve Resolution of Surplus Real Property; authorize Chairman, on behalf of the Board of County Commissioners, to execute County Deed; authorize County Lands to handle and accept all documentation necessary to complete this transaction.

WHY ACTION IS NECESSARY:

The Board must formally approve all real estate conveyances from Lee County.

WHAT ACTION ACCOMPLISHES:

Conveys real estate to the State of Florida Department of Transportation.  (#20020979-County Lands)

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Board Approve and Chairman Execute Extension of Interlocal Agreement with the City of Fort Myers for Fire Protection and Prevention Services to the Maravilla MSTU and Naravez for the period beginning October 1, 2002 through September 30, 2003 in the amount of $46,391.00.  Funds are available.

WHY ACTION IS NECESSARY:

This agreement is necessary in order to provide fire protection services to the residents of Maravilla MSTU District for FY03.

WHAT THE ACTION ACCOMPLISHES:

To provide fire protection services to the residents of Maravilla MSTU District through an Interlocal Agreement with the City of Fort Myers.  (#20020997-Public Safety)

 

 

(b)

ACTION REQUESTED:

Authorize Chairman to transfer funds from All-Hazards Protection District reserves in the amount of $220,077 into KF5250418200.508150.  This object code is currently over encumbered because funds from it was used to reimburse county agencies for expenses associated with their emergency response efforts to Tropical Storm Gabrielle and flooding in North Fort Myers in 2001.

WHY ACTION IS NECESSARY:

Transfers from reserves require Board approval.

WHAT ACTION ACCOMPLISHES:

Furnishes funding from the All-Hazards Protection District reserves to recover operating funds used to reimburse emergency response costs incurred by county agencies in response to flooding natural hazard incidents designated as emergencies by the Board of County Commissioners.  (#20021001-Public Safety)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Execute Joint Funding Agreement No. FL03808 with the U.S. Geological Survey for Water Resources Investigations for the period of October 1, 2002 through September 30, 2003.  The total project cost for the Cooperative Data Collection Program is $102,152.00.  The U.S. Geological Survey is providing $45,883.00 and Lee County’s cooperative share totals $56,269.00.  Funding is available in the FY02/03 budget.

WHY ACTION IS NECESSARY:

Board approval is required for all contracts and agreements.

WHAT ACTION ACCOMPLISHES:

Provides mechanism to continue cooperative work with U.S. Geological Survey and Lee County that provides critical data for hydrologic modeling and assessment of flood conditions.  (#20021013-Natural Resources)

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve the award of Formal Quotation Q-020635, The Purchase of one (1) Caterpillar D6M XL Bulldozer for the Lee County Department of Transportation, to the low quoter meeting all specification requirements, Kelly Tractor Co., for a grand total amount of $136,451.00.

WHY ACTION IS NECESSARY:

According to Section 9.4.1 of the Lee County Purchasing & Payment Procedures Manual, approved by the Board on 03/21/00, purchases over $50,000.00 must be approved by the Board.

WHAT ACTION ACCOMPLISHES:

The Caterpillar D6M XL Bulldozer will provide the Department of Transportation with a new reliable unit to be used to clean ditches and canal bottoms, to repair right of ways, and to push material at the various County dumps. The aging Fiat Dozer that was assigned these tasks has depreciated and has become increasingly unreliable and costly to maintain.  (#20020935-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve construction of a water distribution and gravity collection system and 1 lift station serving Crown Colony, Phase II. This is a Developer contributed asset and the project is located on the east side of Winkler Road south of Summerlin Road.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to the proposed 156-unit 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.  (#20020865-Utilities)

 

 

(b)

ACTION REQUESTED:

Approval to remove account balances for Fiscal Year 01/02 considered uncollectible for Lee County Utilities System in the amount of $89,369.53 that is 1/10 of 1% of annual water and sewer revenues.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Adjusts accounts receivable balance to reflect anticipated collections.  (#20020933-Utilities)

 

 

(c)

ACTION REQUESTED:

Approve construction of a water distribution and gravity collection system, lift station and force main serving Laguna Lakes.  This is a Developer contributed asset and the project is located on the southeast corner of Gladiolus Drive and Bass Road.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to the proposed 378-lot single-family subdivision.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20020982-Utilities)

 

 

(d)

ACTION REQUESTED:

Approve construction of one 10’’ water main and one fire hydrant serving Marina 31.    This is a Developer contributed asset and the project is located on the west side of State Road 31 approximately 1mile north of State Road 80.

WHY ACTION IS NECESSARY:

To provide potable water service and fire protection to an existing marina facility.

WHAT ACTION ACCOMPLISHES:

Complies with the Lee County Utilities Line Extension Policy and provides adequate water infrastructure to support development of the subject property.  (#20021005-Utilities)

 

11.

PARKS AND RECREATION

 

 

(a)

ACTION REQUESTED

Approval to continue with previously awarded Formal Quotation Q-010154, Annual Purchase of Sodium Hypochlorite for the Parks & Recreation Department to BRENNTAG MID-SOUTH INC., formerly HCI Clearwater Chemical as the low quoter based on the unit price $0.72 per gallon, which has exceeded County Manager authorization under the Ivory sheet process.  Original term of this contract is for one year, with an option to renew in whole or in part for three additional one-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:

The expenditures for this product necessitates the use of a formal written quotation as outlined within the Lee County Purchasing and Payment Procedures Manual, Section 9.

WHAT ACTION ACCOMPLISHES:

Allows for the Parks & Recreation Department to continue utilizing competitive prices received on an annual quote for the purchase of sodium hypochlorite.  (#20021010-Parks and Recreation)

 

12.

COUNTY ATTORNEY

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

 

(a)

ACTION REQUESTED:

Approve disbursements.

WHY ACTION IS NECESSARY:

Florida Statute Chapter 136.06(1) requires that all County disbursements be recorded in the Minutes of the Board.

WHAT ACTION ACCOMPLISHES:

Compliance with the requirements of FS 136.06(1).  (#20021029-Clerk of Courts)

 

 

(b)

ACTION REQUESTED:

Approve payment of delinquent tax overbid claim.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

The Clerk has received a claim for these funds and requests that you release them.  (#20021030-Clerk of Courts)

 

 

ADMINISTRATIVE AGENDA

September 17, 2002

 

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve an increase to Bid Waiver # W-010499 – from $50,000.00 to $75,000.00 for FY-02 and a not-to exceed amount of $75,000.00 for FY-03 – and allow Lee County Fleet Management to waive the formal quotation procedure and continue to procure needed components, maintenance, repairs, etc. for its RNI-2000 fueling system from Automotive Computers and Equipment Inc.  A bid waiver has been requested because Automotive Computers and Equipment Inc. is the sole source provider for Rapac Network International Inc., (RNI) equipment in the State of Florida.  It is also requested that the term of this waiver be through 9/30/03.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Allows Lee County Fleet Management to purchase additional components, maintenance, repairs, etc. as needed for the operation of the County’s fueling system.  (#20020990-Fleet Management)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS