District #1

Bob Janes

 

District #2

Douglas St. Cerny

District #3

Ray Judah

Chairman

District #4

Andrew W. Coy

District #5

John E. Albion

Vice-Chairman

Donald D. Stilwell,

County Manager

 

James G. Yaeger, County Attorney

 

April 8, 2003

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 Ryan Deaton

Life 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

 

 

 

Adjourn until 5:00 PM

CONSENT AGENDA
April 8, 2003

 

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Request Board of County Commissioners to adopt a resolution authorizing the borrowing of up to $534,000 from the Tax Exempt Commercial Paper Program for the Triple Crown Court Waterline MSBU.

WHY ACTION IS NECESSARY:

MSBU projects must be included in a resolution prior to funding the improvements with Commercial Paper.

WHAT ACTION ACCOMPLISHES:

Approval of the resolution allows for specific draws on the credit line to be made to provide construction funds.  (#20030370-Budget Services)

 

 

(b)

ACTION REQUESTED:

Adopt a resolution to petition the State of Florida to request a re-evaluation of the Federal noise standards and to update the Noise Abatement Act.

WHY ACTION IS NECESSARY:

Lee County was asked to support this action by Flagler County as they are experiencing noise problems as a result from an Interstate traversing the length of their County.

WHAT ACTION ACCOMPLISHES:

Supports Flagler County in their mission to address noise problems associated with  Federal Interstate Highways.  (#20030385-County Manager)

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Accept a Petition VAC2002-00052 to vacate a 6-ft wide Drainage and/or Public Utility Easement along both side lot lines and across the rear lot line of Lot 45, Block A, Unit 2, Cross Creek Estates Subdivision, in Ft. Myers, Florida.  Adopt a Resolution setting a Public Hearing for 5:00 pm on the 13th day of May 2003.

WHY ACTION IS NECESSARY:

Rendering these easements would release unnecessary encumbrances and resolve the conflict of minimum setbacks and plated easements upon the property.  The vacation of these Drainage and/or Public Utility Easements will not alter existing or future Drainage and/or Public Utility requirements.

WHAT ACTION ACCOMPLISHES:

Setting the time and date of the Public Hearing.  (#20030360-Development Services)

 

5.

HUMAN SERVICES

 

 

(a)

ACTION REQUESTED:

Approve the expenditure of CDBG funds in the amount of $75,000 plus closing and related costs to acquire an existing building and property located in Pine Manor for use as a community center to be owned, operated and maintained by the Pine Manor Improvement Association, Inc.

WHY ACTION IS NECESSARY:

Authorizes the expenditure of CDBG funds which have been allocated to the Pine Manor Neighborhood District for neighborhood improvements.

WHAT ACTION ACCOMPLISHES:

Acquisition of this property will enable an existing building located within Pine Manor to be renovated to serve as a community center which in turn will provide a neighborhood facility designed to serve the needs of area residents.  (#20030350-Human Services)

 

 

(b)

ACTION REQUESTED:

Approval not to exceed amount of  $77,000 for a rehab of a three bedroom home located at 103 William St. Fort Myers, unincorporated Lee County. Home was purchased from HUD for $1 and will be rehabilitated as part of the HOPE3 project of acquisition, rehab and resale to a low-income family. Home will appraise for approximately $90,000 when complete.  HOPE3 funds used for acquisition (which also included closing costs).  SHIP and CDBG funds will be utilized for the rehabilitation.

WHY ACTION IS NECESSARY:

The total amount of the rehab project exceeds County Manager’s approval limit of $50,000. Home was purchased from HUD for $1 and needs extensive repairs to be brought up to code.

WHAT ACTION ACCOMPLISHES:

Contributes to revitalization of area, provides homeownership opportunity of a quality home for low-income family in unincorporated Dunbar at an approximate appraised value of $90,000.  (#20030351-Human Services)

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve the acquisition of Parcel 216, for the Three Oaks Parkway South Extension Project No. 4043, in the amount of $60,000, pursuant to the terms and conditions set forth in the Agreement for Purchase and Sale of Real Estate; authorize the Chairman on behalf of the Board of County Commissioners to sign the Purchase Agreement; authorize payment of necessary 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:

The acquisition of property during the voluntary phase of the project, thus avoiding the Board’s need to exercise its power of Eminent Domain.  (#20030330-County Lands)

 

 

(b)

ACTION REQUESTED:

Approve the acquisition of Parcel 141, a perpetual waterline utility easement, which is necessary to provide and maintain essential municipal service, facilities and improvements in accordance with the Cottage Point Waterline Municipal Service Benefit Unit; approve payment in the amount of $250; authorize the Division of County Lands to handle and accept all documentation necessary; authorize payment of necessary costs to close.

WHY ACTION IS NECESSARY:

The Board must formally accept all real estate conveyance to Lee County.

WHAT ACTION ACCOMPLISHES:

Approval of the Requested Motion will provide for the acquisition of the property without the need for the Board to exercise its power of Eminent Domain at a future date.  (#20030359-County Lands)

 

 

(c)

ACTION REQUESTED:

Approve Change Order No. One (1) with Lodge Construction, Inc., under contract #1937 (RFQ-01-09 BEN HILL GRIFFIN PARKWAY LANDSCAPE AND IRRIGATION PHASE II CONTRACT FOR CONSTRUCTION MANAGEMENT), for the Lee County MSTBU Services, to increase the Guaranteed Maximum Price (GMP) in the amount of $210,120.00, for a revised total GMP (Guaranteed Maximum Price) of $2,110,120.00 which includes the CM fee.

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:

Provides for the sufficient GMP for the installation of landscaping and irrigation in the median areas of Ben Hill Griffin Parkway (BHG) from Alico Road to Corkscrew Road, and Corkscrew Road from Ben Hill Griffin Parkway to I-75.  (#20030364-MSTBU Services)

 

 

(d)

ACTION REQUESTED:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $184,000.00, for Parcel 100, Palmetto Extension, Project No. 4073, pursuant to the terms and conditions set forth in the Purchase Agreement; authorize Chairman on behalf of the BOCC to execute Purchase Agreement if offer is accepted by Seller; authorize the Division of County Lands to handle and accept all documentation necessary to complete this transaction and payment of all recording fees.

WHY ACTION IS NECESSARY:

The Board must formally authorize the making of a binding offer to a property owner pursuant to F.S. '73.015 prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner as required by F.S. '73.015, as amended.  (#20030336-County Lands)

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Approve an Interlocal Agreement between Estero Fire Rescue and Lee County.

WHY ACTION IS NECESSARY:

The Board of County Commissioners approves Interlocal Agreements.

WHAT ACTION ACCOMPLISHES:

Provides Lee County with much needed space for the use and benefit of an ambulance station and for sheltering of emergency vehicles / crews in the event of a storm, civil emergency or forced lock down.  (#20030311-EMS)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve Local Agency Program Supplemental Agreement with the Florida Department of Transportation for Expansion Of Variable Pricing To Heavy Vehicles. Also, approve authorization resolution for Chairman to execute agreement.

WHY ACTION IS NECESSARY:

Requires BOCC approval for agreements.

WHAT ACTION ACCOMPLISHES:

Allows necessary budget revisions by task to be approved so that the existing program can continue, and billings will not be interrupted.  (#20030348-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve final acceptance, by Resolution, as a donation of one fire hydrant and a force main extension serving 7-Eleven Convenience Store # 33193.  This is a Developer contributed asset project is located on the southwest corner of Pine Ridge Road and McGregor Blvd

WHY ACTION IS NECESSARY:

To provide fire protection and sanitary sewer service to the recently constructed convenience store.

WHAT ACTION ACCOMPLISHES:

Places the fire hydrant and force main into operation and complies with the Lee County Utilities Operations Manual.  (#20030317-Utilities)

 

 

(b)

ACTION REQUESTED:

Approve sole source Waiver # W-030393 to waive formal quotation procedure for the Utilities Division of the Public Works Department, for the purchase of equipment from Prominent Fluids Controls, Endress and Hauser and Capital Controls through their sole source distributor for the municipal market ISC Instruments South Corporation.  The term of the waiver will be for one year.  Funding will come from the individual departments budget and they would be responsible for monitoring their own expenditures.  Estimated annual costs are projected to be approximately $260,000.00.

WHY ACTION IS NECESSARY:

According to Section 9.4.1. of the Lee County Purchasing and Payment Procedures Manual, approved by the Board on 7/9/02, purchases over $50,000.00 must be approved by the Board.

WHAT ACTION ACCOMPLISHES:

Allows the Utilities Division of the Public Works Department to purchase equipment from Prominent Fluid Controls, Endress and Hauser and Capital Controls through their sole source distributor for the municipal market ISC Instrument South Corporation.  (#20030318-Utilities)

 

 

(c)

ACTION REQUESTED:

Approve construction of two on-site lift stations and an off-site sewage force main extension, serving Bell Tower PARK. This is a Developer contributed asset and the project is located on the east side of South Tamiami Trail approximately 2/3 mile south of Daniels Parkway.

WHY ACTION IS NECESSARY:

To provide sewer service to this proposed multi-family residential development.

WHAT ACTION ACCOMPLISHES:

Provides adequate sanitary sewer infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20030343-Utilities)

 

 

(d)

ACTION REQUESTED:

Approve final acceptance, by Resolution, and recording of one utility easement as a donation for a fire hydrant serving Florida Gulf Bank @ Summerlin Crossing.  This is a Developer contributed asset project located on the northwest corner of Summerlin Road and Winkler Road.

WHY ACTION IS NECESSARY:

To provide fire protection to the recently constructed commercial building.

WHAT ACTION ACCOMPLISHES:

Places the fire hydrant into operation and complies with the Lee County Utilities Operations Manual.  (#20030345-Utilities)

 

 

(e)

ACTION REQUESTED:

Approve adjusted final rate for FY 01/02 for wastewater treatment provided by the City of Fort Myers of  $1.57 per 1,000 gallons; and, accept reimbursement from the City of Fort Myers to Lee County Utilities in the amount of $255,755.43.

WHY ACTION IS NECESSARY:

Provides for final wastewater treatment rate for FY 01/02 of $1.57 per 1,000 gallons, adjusted downward from the estimated rate of $1.69 per 1,000 gallons.

WHAT ACTION ACCOMPLISHES:

Completes FY 01/02 fiscal requirements under the terms of the Interlocal Wastewater Treatment Agreement between the City of Fort Myers and Lee County.  (#20030372-Utilities)

 

 

(f)

ACTION REQUESTED:

Approval to pay the City of Fort Myers for FY02-03 wastewater treatment costs at the estimated rate of $2.31 per thousand gallons; total FY02-03 cost is estimated at $4,822,636.29 based on an estimated 2,090,910,420 gallons.  Approve transfer from Utilities reserves in the amount of $250,000.

WHY ACTION IS NECESSARY:

To pay wastewater treatment costs for FY02-03 based on the City of Fort Myers’ adopted budget.  The rate for wastewater treatment is an estimated rate based on the City’s budget, until actual costs are available at the end of the fiscal year.  The Interlocal Wastewater Treatment Agreement dated 11-06-83, amended 04-09-86, between the City of Fort Myers and Lee County requires a rate be set on the City’s budgeted costs.

WHAT ACTION ACCOMPLISHES:

Sets rate for FY02-03 wastewater treatment costs and authorizes Lee County Utilities to pay this rate to the City of Fort Myers based on their adopted budget until actual costs are available at the end of the fiscal year.  (#20030374-Utilities)

 

11.

PARKS AND RECREATION

 

 

(a)

ACTION REQUESTED:

Approve the award of the following Projects:  # EX030389, the purchase of one (1) International cab and chassis truck from International Truck and Engine Corporation at the Florida State Contract price (including several non-contract options) of $53,009.00; and # IT030390, the purchase and installation of a dump body at the informally quoted price of $10,130.12 from the best price vendor Jim Hardee Equipment Company, Inc.; for Lee County Parks and Recreation.  Grand total for this purchase:  $63,139.12.

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 Lee County Parks and Recreation with the equipment necessary to keep up with ever increasing ball field maintenance and construction; as well as any additional special projects that Parks may undertake in the future.  This truck replaces asset #019564 which has met Fleet Management’s replacement criteria.  (#20030304-Parks and Recreation)

 

 

(b)

ACTION REQUESTED:

Authorize the establishment of one (1) full-time Supervisor, P/R position,  (Program Director @ 80 hours bi-weekly), and four (4) part-time P/R Program Specialist, Sr. positions (2 Program Managers @ 58 hours bi-weekly, and 2 Specialists @ 40 hours bi-weekly), for the 21st Century Grant.  This Grant was received and approved by the Board of County Commissioners on 03/11/03.

WHY ACTION IS NECESSARY:

Board authorization is necessary to establish new positions.

WHAT ACTION ACCOMPLISHES:

Enables Parks & Recreation to proceed with the hiring process.  (#20030371-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).  (#20030378-Clerk of Courts)

 

 

(b)

ACTION REQUESTED:

Present the Independent Auditors’ Management Letter for the fiscal year ended September 30, 2002.

WHY ACTION IS NECESSARY:

PER section 218.391, Florida Statutes, a copy of the report shall be submitted to the Board of County Commissioners and filed as permanent public record in the Minutes Office of the Clerk.

WHAT ACTION ACCOMPLISHES:

Compliance with Chapter 10.550 “Rules of the Auditor General-Local Governmental Entity Audits”, and Section 218.391, Florida Statute.  (#20030379-Clerk of Courts)

 

 

ADMINISTRATIVE AGENDA
April 8, 2003

 

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Approve Bid Waiver # W-030384 to waive the formal quotation procedure, and allow the Lee County Division of Public Safety (Emergency Medical Services – EMS) to purchase helicopter airframe parts, as well as the repair/labor of airframe parts, from American Eurocopter Corporation.  A bid waiver has been requested because American Eurocopter Corporation is the sole distributor of helicopter parts for Eurocopter Aircraft operating within the United States geographic area (please see attachment #2).  It is also requested that the term of this waiver be for one (1) year with a not-to-exceed amount of $100,000.00.

WHY ACTION IS NECESSARY:

According to 9.4.1 of the Lee County Purchasing & Payment Procedures Manual, approved by the Board on 7/9/02, purchases over $50,000.00 must be approved by the Board.

WHAT ACTION ACCOMPLISHES:

This allows Public Safety-EMS to purchase required parts, etc. on an as-needed basis in order to keep the helicopter fully operational.  (#20030298-EMS)

 

 

(b)

ACTION REQUESTED:

Execute lease agreement with the YMCA of Collier County and the City of Bonita Springs to use the YMCA facility being constructed just northeast of the I-75/Bonita Beach Road Interchange in Bonita Springs as a hurricane shelter and staging area for emergency response equipment during emergencies.  Authorize expenditures not to exceed $115,000 as the county’s contribution to offset the cost to upgrade the facility to hurricane shelter guidelines requested by Lee County.  Funding is available.

WHY ACTION IS NECESSARY:

Board authorization is required for any expenditure exceeding $50,000.

WHAT ACTION ACCOMPLISHES:

Furnishes up to 1,450 additional shelter spaces for residents vulnerable to hurricane forces, helps reduce the county’s current shelter deficit, and provides additional space for staging emergency equipment coming from outside Lee County to help in emergency response efforts.  (#20030349-Emergency Management)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve a request from the Cape Coral Chamber of Commerce and authorize the Chairman to execute the agreement on behalf of the BOCC.  Approve the closing of the Cape Coral Bridge on July 4, 2003 from 1:00 p.m. until 3:00 a.m. to accommodate the Chamber’s Red, White and Boom Celebration.

WHY ACTION IS NECESSARY:

Approval of a bridge closure and the resultant loss of revenue requires BOCC approval.

WHAT ACTION ACCOMPLISHES:

Allows the Chamber to proceed with the planning of their 4th of July Celebration.  (#20030294-Transportation)

 

 

(b)

ACTION REQUESTED:

Declare an emergency exists for the Sanibel Causeway Bridges B & C, which have been found and determined to be in such a condition as to pose an immediate threat to the safety of the traveling public, and that emergency replacement is necessary.  Also, approve a Resolution stating same for submittal to the U.S. Coast Guard to allow reconstruction to begin under the “Construction Manager (C-M) at Risk” process on an emergency procurement basis for the issuance of the U.S. Coast Guard permits.

WHY ACTION IS NECESSARY:

Board of County Commissioners’ approval is required for any Emergency Declarations.

WHAT ACTION ACCOMPLISHES:

Allows the County to proceed with reconstruction of Bridges B & C under the “Construction Manager (C-M) at Risk” process upon expedited selection of the Construction Manager.  (#20030308-Transportation)

 

 

(c)

ACTION REQUESTED:

Approve emergency E-03-03 EMERGENCY INSPECTION SERVICES FOR BRIDGE NOS. 124041 AND 124042 ON SANIBEL CAUSEWAY, to Kisinger Campo and Associates Corporation., for the not-to-exceed amount of $25,000.00.

WHY ACTION IS NECESSARY:

In accordance with the Lee County Contract Manual approved by the Board on September 25, 2001, the Board is required to approve all emergencies over $50,000.00.

WHAT ACTION ACCOMPLISHES:

Provides for the emergency inspection for the Sanibel Causeway Bridges.  (#20030341-Transportation)

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

 

PUBLIC AGENDA

April 8, 2003

 

5:00 PM

(#1)

Public Hearing

 

ACTION REQUESTED:

Adopt a Resolution on Petition VAC2002-00053 to Vacate a 12-foot wide Drainage and/or Public Utility Easement on the common lot line between Lots 25 and 26, Block 26, Unit 5, a subdivision of Lehigh Acres, in Lehigh Acres, Florida.

WHY ACTION IS NECESSARY:

To build a single-family residence on the combined lots. The vacation of this Drainage and/or Public Utility Easement will not alter existing drainage and utility conditions and the easement is not necessary for future drainage and utility requirements.

WHAT THE ACTION ACCOMPLISHES:

Vacates the 12-foot wide easement.  (#5)  (#20030188-Development Services)

 

(#2)

Public Hearing

 

ACTION REQUESTED:

Adopt resolution on Petition VAC2002-00017 to Vacate an un-built portion of E. Town & River Dr. adjacent to Lot 17 & Tract “C”, as recorded in Plat Book 12, Page 143, Lee County, Florida.

WHY ACTION IS NECESSARY:

The applicant has maintained the area in the past and would like to continue to maintain the area. The applicant has complied with all of the requirements of A.C. 13-1 & A.C. 13-8 and all of the reviewing entities have issued review and recommendation letters of no objection. 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 right-of-way.  (S21-T45S-R24E)  (#3)  (#20030365-Development Services)

 

(#3)

Public Hearing

 

ACTION REQUESTED:

To adopt and enact an ordinance, with staff recommended conditions, to establish a Uniform Community Development District (UCDD) to be known as the Habitat Community Development District ordinance.

WHY ACTION IS NECESSARY:

An ordinance adopted by the BOCC is the exclusive means to establish a UCDD of less than 1,000 acres in size.

WHAT ACTION ACCOMPLISHES:

Creates an independent special district that provides an alternative method to manage and finance basic services for community development.  (#20030369-County Attorney)

 

5:05 PM

(#1)

Public Hearing

 

ACTION REQUESTED:

Conduct second public hearing on the adoption of proposed amendments to the Lee County Land Development Code (LDC) provisions related to wireless communication facilities and authorize publication of proposed amendments.

WHY ACTION IS NECESSARY:

Public Hearings are necessary to adopt amendments to the Land Development Code (LDC).

WHAT ACTION ACCOMPLISHES:

Allows for discussion and public input on proposed adoption of the amendments to LDC wireless communication facilities regulations.  (#20030286-County Attorney)

 

5:05 PM

Public Presentation of Matters by Citizens

 

 

Adjourn