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

 

 

November 5, 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 Jonathan Gray

Cornerstone Ministries

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

 

 

·   

Veterans Day Resolution

 

 

(Commissioner Coy-#20021162)

 

 

·   

“Home for the Holidays” Adoption Event Resolution

 

 

(Commissioner Coy-#20021163)

 

 

 

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

November 5, 2002

 

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Request approval of change order # 1 to contract number 2173 for Clearview Management Consultants in the amount of  $15,000 plus not to exceed expenses of $3,000 for travel related expenses to provide data that compares the costs and benefits of using an outsource provider for information technology and telecommunications services versus an in-house operation.

WHY ACTION IS NECESSARY:

The total contract amount with Clearview will exceed the $50,000 limit by approximately $16,000; therefore, requires Board approval.

WHAT ACTION ACCOMPLISHES:

Authorizes existing consultant to provide additional services relative to future IT and telecommunication services for Lee County.   (#20021243-County Administration)

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

Authorize staff to proceed with the implementation of the master plan for the Estero Community Park.

WHY ACTION IS NECESSARY:

To obtain Board approval prior to implementing the master plan for the Estero Community Park.

WHAT ACTION ACCOMPLISHES:

Provides Board approval of the master plan for the Estero Community Park.  The park will include a community building, soccer fields, playgrounds, a water playground and horseshoe and bocce ball courts.  (#20021187-Construction and Design)

 

 

(b)

ACTION REQUESTED:

Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-03-01 MEDICAL EXAMINER DISTRICT 21 RENOVATIONS & EXPANSION, and authorize contract negotiations to commence with the number one ranked firm: (1) Anchor Engineering Consultants; and (2) TLC Engineering for Architecture.  Further authorize Chairman on behalf of the Board to execute an agreement for an amount not-to-exceed $100,000.00.

WHY ACTION IS NECESSARY:

Pursuant to the Contract Manual for Professional Services, approved by the Board on September 25, 2001, the Board is required to approve all Consultant rankings.

WHAT ACTION ACCOMPLISHES:

This project involves the Consultant providing civil, surveying, structural, fire protection, mechanical, plumbing and electrical services for the Medical Examiner District 21 Renovation & Expansion.  (#20021229-Construction and Design)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Accept a Petition VAC2002-00032 to vacate an approximately 1,320 foot long portion of a fifty-foot wide road right-of-way in the platted subdivision of Seminole Gardens; and adopt a resolution setting a public hearing for 5:00 p.m. on the 26th day of November, 2002.

WHY ACTION IS NECESSARY:

To allow the property to be developed into 282 single family units as per Winkler Preserve RPD  - DCI2002-00012.  The vacation of this right-of-way will not alter existing drainage or utilities; nor is this right-of-way necessary to accommodate any future drainage or utility requirements.

WHAT ACTION ACCOMPLISHES:

Sets the date for Public Hearing.  (#20021103-Development Services)

 

 

(b)

ACTION REQUESTED:

Accept a petition VAC2002-00036 to vacate a twelve-foot (12') wide public utility and drainage easement in Block 34, Unit 11 a subdivision of Lehigh Acres; and adopt a resolution setting a public hearing for 5:00 PM on the 26th day of November 2002.

WHY ACTION IS NECESSARY:

To eliminate an easement between a residential structure on one lot and a pool on the adjacent lot.  The vacation of this easement will not alter existing drainage or utilities; nor is this easement necessary to accommodate any future drainage or utility requirements.

WHAT ACTION ACCOMPLISHES:

Sets the date for Public Hearing.  (#20021151-Development Services)

 

 

(c)

ACTION REQUESTED:

Accept a Petition, VAC2002-00042, to Vacate a 12 foot wide Public Utility Easement common to lots 20 & 21, Block 29, Unit 8, a subdivision of Lehigh Acres, Florida.  Adopt a Resolution setting a Public Hearing for 5:00 p.m. on the 26th day of November 2002.

WHY ACTION IS NECESSARY:

To build a Single Family Residence on the combined lots. The vacation of this easement will not alter or otherwise impact existing utilities, and is not necessary to accommodate future utility requirements.

WHAT ACTION ACCOMPLISHES:

Sets date & time for a Public Hearing.  (#20021106-Development Services)

 

 

(d)

ACTION REQUESTED:

1) Amend External Fees and Charges Manual to change Blasting Permit fees from $350.00 each to a base of $350.00 + $275.00 per acre of blast area; 2) Authorize establishment of one new Code Enforcement Officer position and the purchase of a vehicle and equipment amounting to $84,340 for the Department of Community Development for enforcement of the Lee County Blasting Ordinance; 3) adopt budget amendment resolution in the amount of $75,000 for anticipated additional blasting permit fees revenue; and 4) authorize transfer from MSTU Fund Reserves in the amount of $9,340 for partial funding of this request.

WHY ACTION IS NECESSARY:

The Board must approve budget amendment resolutions and transfers from Reserves.

WHAT ACTION ACCOMPLISHES:

Provides increased fee supported enforcement of Blasting Ordinance.  (#20021157-Community Development)

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve lease agreement with TBM Properties for 2,160 s.f. of space in the North River Center, Units 5 & 6, 13240 North Cleveland Avenue.  The current lease agreement expires November 30, 2002.  This facility is occupied by the Talking Books Library.  Lease is for three years at a cost of $11.35 per s.f..  There is an option to renew for one additional 2 year period, at which time there will be an increase based on the Consumer Price Index.  Lease can be terminated by giving three months notice to the landlord.

WHY ACTION IS NECESSARY:

Board must approve all lease agreements.

WHAT ACTION ACCOMPLISHES:

Allows the Lee County Library system to keep their Talking Books Library in their current location.  (#20021131-Library)

 

 

(b)

ACTION REQUESTED:

Approve Project # PB030072, the utilization (piggyback) of the Florida Department of Transportation (FDOT) (Public Transit Office) Bid # FVPP-02-CA-2 which has gone through their competitive bidding process, for the purchase of eight ADA Vans (22 feet in length) from Transit Plus Inc. at the price of $52,072.00 each for a grand total price of $416,576.00 for the eight vans for the Lee County Transit Division.

WHY ACTION IS NECESSARY:

Section 11.0.3.1 of the Lee County Purchasing & 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 does not exceed $50,000.    Since this purchase would exceed $50,000, Board approval is required.

WHAT ACTION ACCOMPLISHES:

By utilizing the Florida Department of Transportation bid, Lee County Transit will be able to have the vans built and delivered in a timely fashion, thus allowing Lee Tran to continue to provide high quality paratransit service.  (#20021205-Transit)

 

 

(c)

ACTION REQUESTED:

Accept by donation, Parcels 13 and 14 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.  (#20021181-County Lands)

 

 

(d)

ACTION REQUESTED:

Approve purchase of Parcel 102-E, Cypress Lake Drive Widening, Project No. 4064; pursuant to the terms and conditions as set forth in the Easement Purchase Agreement; authorize the Chairman on behalf of the Board of County Commissioners to sign the Easement Purchase Agreement; authorize payment of necessary fees and costs 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:

Acquires the easements during the voluntary phase of the project, thereby the Board avoids the need to exercise its power of Eminent Domain at a future date.  (#20021195-County Lands)

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Authorize Chairman to execute Modification to agreement with the Department of Community Affairs contract #00FM-J1-09-46-15-014 to provide additional funding of $5,440; and to the extend agreement to December 30, 2002.  Approve Budget Amendment Resolution in like amount.

WHY ACTION IS NECESSARY:

Commission Chairman’s signature is required to execute the modification.

WHAT THE ACTION ACCOMPLISHES:

The modification provides funding to cover cost overruns associated with past repetitive loss property elevation projects.  (#20021230-Public Safety)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Award Professional Services Agreement for CN-02-19 NORTHWEST LEE COUNTY SURFACE WATER MANAGEMENT PLAN, to Boyle Engineering Corporation, for a lump sum amount of  $198, 908.00.

WHY ACTION IS NECESSARY:

Pursuant to the Contract Manual, approved by the Board on September 25, 2001, the Board is required to approve all Professional Services Agreements.

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.  (#20021176-Natural Resources)

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve and authorize the Chairman to execute attached Landscape Installation and Maintenance Agreement between Lee County and WCI Communities, Inc. on behalf of the BOCC.

WHY ACTION IS NECESSARY:

The Board must approve the agreement and authorize the Chairman to sign it so that it may be fully executed.

WHAT ACTION ACCOMPLISHES:

Provides an agreement that establishes the landscape installation and maintenance responsibilities along the roadway of Coconut Road.  (#20021179-Transportation)

 

 

(b)

ACTION REQUESTED:

Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-02-29 SANDY LANE EXTENSION CORRIDOR ALIGNMENT STUDY, and authorize contract negotiations to commence with the number one ranked firm: (1) Cella & Associates Inc.; (2) Ink Engineering; and (3) TKW Consulting Engineers.  Further authorize Chairman on behalf of the Board to executed an agreement for an amount not-to-exceed $200,000.00.

WHY ACTION IS NECESSARY:

Pursuant to the Contract Manual for Professional Services, approved by the Board on September 25, 2001, the Board is required to approve all Consultant rankings.

WHAT ACTION ACCOMPLISHES:

This project involves the Consultant providing professional services to perform those environmental, and engineering services required for a Corridor Alignment Study.  This includes consideration of all social, economic, and environmental effects, and mitigation as required by the County.  (#20021174-Transportation)

 

 

(c)

ACTION REQUESTED:

Concur with the selection of the sole responsive Consultant by the Competitive Negotiations Committee for CN-02-23, Sanibel Bridge Toll Plaza Reconstruction and Cape Coral Bridge Toll Plaza Reconstruction, and authorize contract negotiations to commence with the sole selected Consultant, URS Corporation.

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 selections.

WHAT ACTION ACCOMPLISHES:

This project involves the Consultant providing engineering/architectural services to include surveys, preparing an environmental impact summary, develop traffic data, final plans and specifications, coordinating all utility system adjustments, preparing cost estimates, bid documents, contracts and all government permit applications for the Sanibel Bridge Toll Plaza Reconstruction (including a new administration building) and Cape Coral Bridge Toll Plaza Reconstruction.  (#20021189-Transportation)

 

 

(d)

ACTION REQUESTED:

Direct resolution designating Veterans Pkwy. And a portion of the Midpoint Memorial Bridge Corridor as a limited access facility and establish connection points in accordance with Florida Statues to two public hearings after 5: 00 pm on January 14 and January 28, 2003.

WHY ACTION IS NECESSARY:

The designation as a limited access facility will preserve the capacity of the road and enhance future safety.

WHAT ACTION ACCOMPLISHES:

Establishes the connection points on Veterans Pkwy. Corridor from the Caloosahatchee River to Pine Island Road (SR 78).  (#20021216-Transportation)

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

 

(a)

ACTION REQUESTED:

Request Board accept Dunbar neighborhood park interlocal agreement between the Lee County School Board and the City of Fort Myers.  Transfer  $50,000, approved in the FY 01-06 CIP, to the City for capital improvements to the park.  The City will assume full financial responsibility for the operation and maintenance of the park.

WHY ACTION IS NECESSARY:

Board action is necessary to accept the interlocal agreement between the Lee County School Board and the City of Fort Myers.

WHAT ACTION ACCOMPLISHES:

Provides the City with an additional neighborhood park within the City limits.  (#20021201-Parks and Recreation)

 

 

(b)

ACTION REQUESTED:

Request Board approve and execute interlocal agreement, county deed and resolution, between the City of Fort Myers and Lee County Board of County Commissioners for Clemente neighborhood park.  The County will donate Clemente neighborhood park to the City and transfer $50,000, approved in the FY 01-06 CIP, to them for capital improvements to the park.  The City will assume full financial responsibility for the operation and maintenance of the park.  

WHY ACTION IS NECESSARY:

Board action is necessary to enter into an interlocal agreement, executing county deed and resolution.

WHAT ACTION ACCOMPLISHES:

Provides the City with an additional neighborhood park within the City limits.  (#20021194-Parks and Recreation)

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Direct an ordinance creating the Cascades Estero Community Development District to public hearing on December 10, 2002 at 5:00 p.m.

WHY ACTION IS NECESSARY:

Cascades by Levitt and Sons, LLC has petitioned the Board to establish the Cascades Estero Community Development District.

WHAT ACTION ACCOMPLISHES:

Allows response to Cascades by Levitt and Sons, LLC’s petition by providing a forum to evaluate the appropriateness of the request.  (#20021208-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).  (#20021185-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.

(#20021222-Clerk of Courts)

 

 

(c)

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.

(#20021223-Clerk of Courts)

 

 

(d)

ACTION REQUESTED:

Request Board’s approval and Chairman’s signature on federal and state tax returns for Three “S” Disposal, Incorporated.  There is no tax due.

WHY ACTION IS NECESSARY:

To file federal and state tax returns.

WHAT ACTION ACCOMPLISHES:

File Forms 1120 and F-1120A, federal and state tax returns, for Three “S” Disposal, Incorporated for the year ended August 31, 2002.  (#20021233-Clerk of Courts)

 

 

ADMINISTRATIVE AGENDA

November 5, 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 the Amended Resolution of Necessity for the acquisition and condemnation of Parcels 159 and 159 TCE, required for the Pondella Road Widening Project, No. 4656.

WHY ACTION IS NECESSARY:

The Board must formally approve the Amended Resolution of Necessity prior to proceeding with condemnation of parcels necessary for the project.

WHAT ACTION ACCOMPLISHES:

Allows the County to proceed with condemnation, if necessary, so parcels can be acquired for the Pondella Road Widening Project, No. 4656.

(#20021199-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS