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

June 25, 2002

9:30 AM

Invocation:

Reverend Brian Bluett

Calvary Fellowship Baptist 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

Appeals Agenda

Walk-ons and Carry-overs

Commissioners' Items/Committee Appointments

County Manager Items

County Attorney Items

Adjourn until 5:00 PM

5:00 PM

(#1)

Public Hearing

ACTION REQUESTED:

Adopt a Resolution on Petition #VAC2002-00020 to Vacate the existing alignment of Treeline Blvd as recorded in O.R. Book 1529, Page 0412; Vacate two unimproved road rights-of-way in Sections 34 & 35, Township 44 S, Range 25 E, as recorded in O.R. Book 2581; Page 4060 and O.R. Book 1660, Page 224; and Vacate a roadway easement in Section 11, Township 45 S, Range 25 E, as recorded in O.R. Book 1660, Page 229, all being in Lee County, Florida, all located south of Colonial Blvd and east of I-75.

WHY ACTION IS NECESSARY:

As a condition of the Treeline Boulevard Realignment Agreement, Lee County Department of Transportation must file a Petition to Vacate the existing alignment of Treeline Blvd from Colonial Blvd south to the ¼ section line of Section 11, Township 44 S, Range 25 E, the two unimproved road rights-of-way in Section 34 & 35, Township 45 S, Range 25 E, and one unimproved roadway easement in Section 11, Township 45 S, Range 25 E. 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 rights-of-way.  (S34 & 35-T44S-R25E)  (#5)  (#20020658-Development Services)

(#2)

Public Hearing

ACTION REQUESTED:

Hold a public hearing to amend Lee County Ordinance No. 88-58 which governs the issuance of certificates of public convenience and necessity for ambulance transportation and advance life support non-transport services within the incorporated and unincorporated areas of Lee County.

WHY ACTION IS NECESSARY:

A public hearing is necessary for the Board of County Commissioners to enact a County Ordinance.

WHAT ACTION ACCOMPLISHES:

Adopts requirements and regulations for cable franchises.  (#20020653-County Attorney)

(#3)

Public Hearing

ACTION REQUESTED:

Conduct first public hearing on proposed extension of Communication Tower Interim Ordinance (Lee County Ordinance No. (01‑20).  After public hearing, direct the ordinance to the second public hearing on July 9, 2002 at 5:05 p.m.

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).  (#20020601-County Attorney)

(#4)

Public Hearing

ACTION REQUESTED:

Adopt a resolution objecting to the contraction of the Gateway Services Community Development District boundaries by the Florida Land and Water Adjudicatory Commission.

WHY ACTION IS NECESSARY:

Resolution objects to the State’s grant of a Petition to Contract the Boundaries of a Uniform Development District consisting of more than 1,000 acres.

WHAT ACTION ACCOMPLISHES:

The proposed resolution objects to the contraction of the Gateway Services Community Development District, an independent special district.  The adoption of the resolution acknowledges the removal of approximately 973 acres from the Gateway Services Community Development District located within the incorporated boundaries of the City of Fort Myers and expresses the County’s objection to the proposed removal to the Governor and Cabinet.  (#20020698-County Attorney)

(#5)

Public Hearing

ACTION REQUESTED:

Adopt a Resolution approving the transfer of Comcast Cablevision of West Florida, Inc., Comcast Cablevision of South, Inc., and Comcast Cablevision Corporation of California, LLC. to AT&T Comcast Corporation.

WHY ACTION IS NECESSARY:

Lee County Ordinance No. 89-05, as amended by Lee County Ordinance No. 01-05, and FCC Form 394 sets forth the procedure for transferring the control of cable television franchises.

WHAT ACTION ACCOMPLISHES:

Formalizes the process for the County to give permission for the transfer of control of the cable television franchise.  (#20020600 – Public Resources)

(#6)

Public Hearing

ACTION REQUESTED:

Conduct a public hearing to approve the Franchise Agreement between Lee County and AT&T Comcast Corporation.

WHY ACTION IS NECESSARY:

Lee County Ordinance No. 89-05, as amended by Lee County Ordinance No. 01-05, and Federal Communications Act sets forth the procedure for approving Franchise Agreements.

WHAT ACTION ACCOMPLISHES:

Formalizes the process for the County to approve a franchise agreement.

(#20020719-Public Resources)

5:05 PM

(#1)

Public Hearing

ACTION REQUESTED:

Conduct second public hearing on proposed amendments to the Lee County Land Development Code (LDC) Chapters 2, 6, 10, 30 and 34, and adopt proposed amendments.

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 LDC amendments.

(#20020657-County Attorney)

5:05 PM

Public Presentation of Matters by Citizens

Adjourn

1.

COUNTY ADMINISTRATION

2.

CONSTRUCTION AND DESIGN

(a)

ACTION REQUESTED:

Approve Memorandum of Agreement in the amount of $100,000 from the Florida Department of Environmental Protection to construct improvements to Lovers Key Roadside Park.  Also approve Budget Amendment Resolution in the amount of $100,000 and amend CIP for FY 01/02 – 05/06.

WHY ACTION IS NECESSARY:

Board approval is required for Agreements and amendments to the CIP.

WHAT ACTION ACCOMPLISHES:

Provides grant funds to be used for the construction of improvements at Lover’s Key Roadside Park.  The improvements include a playground, shelters, and restrooms.  (#20020661-Construction and Design)

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

(a)

ACTION REQUESTED:

Accept a Petition VAC2002-00026 to Vacate a 12-foot wide Drainage and Public Utility Easement centered on the common lot line between Lots 5 and 6, Block 5, Unit 1, a subdivision of Lehigh Acres, as recorded in Plat Book 26, at Page 2, of the Public Records of Lee County, Florida and adopt a Resolution setting a Public Hearing for 5:00 p.m. on the 13^th day of August, 2002.

WHY ACTION IS NECESSARY:

To construct a Single Family Residence.  The vacation of the Drainage and Public Utility Easement will not alter existing drainage or utilities and the easement is not necessary to accommodate any future drainage or utility requirement.

WHAT ACTION ACCOMPLISHES:

Vacates the Drainage and Public Utility Easement.  (#20020670-Development Services)

5.

HUMAN SERVICES

6.

INDEPENDENT

(a)

ACTION REQUESTED:

Approve the acquisition of Parcel 154, for the Harlem Lake Redevelopment Project in the amount of $4,000.00, pursuant to the terms and conditions as set forth in the Agreement for Purchase and Sale of Real Estate; authorize payment of necessary costs to close; authorize Chairman on behalf of the Board of County Commissioners to execute the Agreement; 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 this parcel will allow the Human Services Department to work in partnership with local housing providers to assist property owners in the neighborhood with the availability of new housing.  (#20020675-County Lands)

(b)

ACTION REQUESTED:

Approve the acquisition of a 50' X 1200' strip of land (60,013 s.f. or 6 buildable lots) Parcel STRAP No. 33-45-24-00-00006.0000 for the Bass Road Widening Project No. 4079, in the amount of $273,400.00 for the land and up to $60,000.00 for re-platting costs, pursuant to the terms and conditions as set forth in the Agreement for Purchase and Sale of Real Estate; authorize payment of necessary costs to close; authorize Chairman on behalf of the Board of County Commissioners to execute the Agreement; 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 road right of way prior to the platting of lots and construction of homes. Future road right of way would encroach upon up to 15 lots, if proposed plat is approved as currently proposed.  (#20020677-County Lands)

(c)

ACTION REQUESTED:

Board approve the assignment of assets of Florida 1^st Health Plans, Inc. to Florida 1^st Service Administrators, Inc.

WHY ACTION IS NECESSARY:

Florida 1^st Health Plans, Inc. is currently the TPA for our health and dental plan.  They have sold their HMOs and are assigning the TPA assets to Florida 1^st Service Administrators.  They will continue to be our TPA under the new name.  Because this changes the original contract, the Board must approve this change.

WHAT ACTION ACCOMPLISHES:

Approves the change in the contract as outlined above.  (#20020678-Human Resources)

(d)

ACTION REQUESTED:

Approve the addition of the Utilities compensation structure into the Lee County Pay Plan effective 06/27/02.  Approve salary increases for Utilities employees to include: 3% compression increase or to minimum of new pay grade - whichever is greater to the employee – without going over the maximum of their assigned new pay grade.

WHY ACTION IS NECESSARY:

To maintain competitive pay grades and salary ranges consistent with good compensation practices.

WHAT ACTION ACCOMPLISHES:

Maintains ability to attract, retain and motivate employees.  (#20020691-Human Resources)

(e)

ACTION REQUESTED:

Authorize one new full-time Property Acquisition Agent position in the Division of County Lands, salary and benefits in the estimated amount of $14,000 for balance of current fiscal year will be absorbed in current budget.

WHY ACTION IS NECESSARY:

Board approval is required for unbudgeted new position.

WHAT ACTION ACCOMPLISHES:

Provides County Lands with the necessary personnel resources to effectively maintain the current level of service in the Division.  (#20020685-County Lands)

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

(a)

ACTION REQUESTED:

Approve Resolution supporting federal funding for coastal projects.

WHY ACTION IS NECESSARY:

To emphasize Lee County position toward federal funding of shore protection projects.

WHAT ACTION ACCOMPLISHES:

Urges federal support for funding of authorized shore protection projects in the next fiscal year as well as creation of a dedicated source of funding for future years.  (#20020671-Natural Resources)

(b)

ACTION REQUESTED:

Approve Bid Waiver # W-020554 to waive the formal quotation procedure and allow the Environmental Laboratory (Natural Resources Division) to purchase a Solaar M6 AA Atomic Absorption Spectrometer from Thermo Elemental for the lump sum price of $51,959.00 which includes the spectrometer and associated components.  A bid waiver has been requested because Thermo Elemental is the sole source provider of this equipment and this equipment includes several proprietary features, which are summarized.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

The purchase of this piece of equipment will allow the Environmental Laboratory to have a more efficient analysis procedure.  (#20020679-Natural Resources)

(c)

ACTION REQUESTED:

Approve Task Assignment No. 6 to Florida Department of Environmental Protection Contract No. GC570 in the amount of $248,359.86 for pollutant storage tank inspections for the period July 1, 2002 through June 30, 2003 and authorize the contract manager to sign the Task Assignment Notification Form for Lee County.

WHY ACTION IS NECESSARY:

To continue the contracted Pollutant Storage Tank Inspection Program in Lee County from July 1, 2002 through June 30, 2003.

WHAT ACTION ACCOMPLISHES:

Provides continued funding mechanism for the Pollutant Storage Tank Program.  (#20020710-Natural Resources)

(d)

ACTION REQUESTED:

Approve amendment to the Interlocal Agreement between Lee County and the City of Bonita Springs regarding services provided by Lee County Division of Natural Resources (“Natural Resources”).  Authorize Commissioner’s signature on the amended Interlocal Agreement.  Approve budget resolution for Bonita Beach Renourishment Project (203039) in the amount of $81,000.00 for unanticipated revenues and amend the FY01/02-06/07 CIP accordingly.

WHY ACTION IS NECESSARY:

Board of County Commissioners’ approval is required to amend the agreement with Bonita Springs for beach restoration and for project management services provided by Natural Resources.

WHAT ACTION ACCOMPLISHES:

Finalizes the Amended Interlocal Agreement with City of Bonita Springs.  (#20020692-Natural Resources)

9.

TRANSPORTATION

(a)

ACTION REQUESTED:

Approve expenditures that will exceed the County Manager’s approval level ($50,000.) for project # PB020085, the utilization (piggyback) of the Florida Department of Transportation’s (FDOT) bid # ITB-DOT-01/02-9053-JP, for the purchase of Glass Spheres and Thermoplastic Traffic Materials from the awarded vendor, Cataphote Inc.   This quote will be utilized by the Signs and Markings Section of Lee County’s Department of Transportation and they expect to spend approximately $80,000. this fiscal year.   The term of the FDOT quote is 10/8/01 to 10/7/02 with the possibility of two additional one-year renewals available.  Also request authority to continue to utilize this contract if renewed by FDOT in future years and also if in the best interest of Lee County at that time.  The requesting department will be responsible for their individual expenditures.

WHY ACTION IS NECESSARY:

Pursuant to the Lee County Purchasing and Payments Procedures Manual as approved by the Board on 3/21/00, when a project exceeds $50,000. Board approval is needed.

WHAT ACTION ACCOMPLISHES:

Provides an annual contract for the purchase of Glass Spheres and Thermoplastic Traffic Materials for Lee County’s Department of Transportation.  (#20020629-Transportation)

(b)

ACTION REQUESTED:

Approve the award of Formal Quotation No.# Q-020361 Roadside Maintenance for Veterans Parkway for the Lee County DOT to the low quoters per section meeting specifications; Section 1 – J.S. Lawn Care, Inc., Section 2 - James Kennedy Lawn Service, Section 3 – James Kennedy Lawn Service for the prices as circled on the attached Lee County Tabulation Sheet.  This quote shall be in effect until December 31, 2002 and has the option of being renewed for three (3) additional one (1) year periods.  Funding will come from the individual department or division budget who will be responsible for monitoring their individuals expenditures.

WHY ACTION IS NECESSARY:

The expenditures for this project necessitates the use of a formal written quotation as outlined pursuant to Section 9 of the Lee County Purchasing and Payment Procedures Manual as approved by the board on 3/21/00.

WHAT ACTION ACCOMPLISHES:

Establishes a contract for the mowing trimming and edging on the roadsides and medians of Veterans Parkway and along the Midpoint Memorial Bridge Toll Facility on an annual basis.  (#20020640-Transportation)

(c)

ACTION REQUESTED:

Approve a mid-year CIP amendment to create a Sandy Lane Extension project (4084) and approve a transfer of funds in the amount of $250,000 from Districts 4 and 8 Road Impact Fee Reserves to the new project.

WHY ACTION IS NECESSARY:

Board approval required for CIP amendments and transfer of reserves.

WHAT ACTION ACCOMPLISHES:

Creates a new Sandy Lane Extension CIP project and provides funds for a corridor alignment study and related public involvement efforts.  (#20020654-Transportation)

(d)

ACTION REQUESTED:

Award Professional Services Agreement for CN-02-04 SR 739 (US BUSINESS 41) FROM MARIANA AVENUE TO LITTLETON ROAD, to Cella & Associates Inc., for a total contract amount $1,060,409.83.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Consultant will provide professional engineering inspection and administration functions in accordance with the established standard procedures of both the Florida Department of Transportation and Lee County Department of Transportation.  The Consultant will review plans and make recommendations for changes to improve constructability and value.  (#20020662-Transportation)

10.

UTILITIES

(a)

ACTION REQUESTED:

Approve construction of a water distribution and gravity collection system serving the Tropical Court Subdivision.   This is a Developer contributed asset and the project is located on the west side of Winkler Road approximately 1.5 miles south of Summerlin Road.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to this proposed 35-lot single-family development.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20020137-Utilities)

(b)

ACTION REQUESTED:

Approve final acceptance, by Resolution, and recording of one easement as a donation for a water main extension, one 6” diameter fire line, three fire hydrants, eight water services and five sewer services serving Metro Arc Business Park and Neff Rental, Phase I and II.   This is a Developer contributed asset project located on the west side of Metro Parkway approximately ½ of a mile north of Daniels Parkway.

WHY ACTION IS NECESSARY:

Provides potable water service, fire protection and sewer service to the recently constructed light industrial development.

WHAT ACTION ACCOMPLISHES:

Places the water main, fire line and fire hydrants into operation and complies with the Lee County Utilities Operations Manual.  (#20020645-Utilities)

11.

PARKS AND RECREATION

12.

COUNTY ATTORNEY

(a)

ACTION REQUESTED:

Adopt resolution supporting the request of the Matlacha Civic Association for a separate Zip Code for Matlacha and Matlacha Isles.

WHY ACTION IS NECESSARY:

Resolution supports Matlacha Civic Association’s request for support to be provided to appropriate parties.

WHAT ACTION ACCOMPLISHES:

Adopts Resolution in support of Matlacha Civic Association’s request.  (#20020660-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).  (#20020682-Clerk of Courts)

(b)

ACTION REQUESTED:

Present for information purposes.

WHY ACTION IS NECESSARY:

To provide interim reporting on selected funds and revenues of the Lee County Board of County Commissioners.  Also included, in compliance with Florida Statute 218.415, Local Government Investment Policies, is the stated and fair market value of the investments managed by the Clerk’s Office.

WHAT ACTION ACCOMPLISHES:

The purpose of this report is to convey to you the financial status of selected significant funds of the Lee County Board of County Commissioners and the status of specific revenues as of the stated dates and the market value of the investments managed by the Clerk’s Office on behalf of the Board.  (#20020683-Clerk of Courts)

(c)

ACTION REQUESTED:

Approve payment of delinquent tax overbid claim-(Stackhous).

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.  (#20020704-Clerk of Courts)

1.

COUNTY ADMINISTRATION

(a)

ACTION REQUESTED:

Special Presentation by Smart Growth Director, Wayne Daltry, on “Smart Financing”.

WHY ACTION IS NECESSARY:

Presentation was suggested by County Administration and accepted by the Board of County Commissioners at the 06-12-02 Budget Workshop in response to questions by the Estero Concerned Citizens Organization (ECCO).

WHAT ACTION ACCOMPLISHES:

Continues the discussion on levels of service throughout the County.

(#20020702-County Administration)

2.

CONSTRUCTION AND DESIGN

(a)

ACTION REQUESTED:

Review presentation regarding the conversion of the former U-Save building (College Parkway & McGregor Blvd.) into a regional library.

WHY ACTION IS NECESSARY:

Requested by the Board at the June 11, 2002, Commission meeting.

WHAT ACTION ACCOMPLISHES:

Provides the Board with additional detailed information in order to better decide the future location of the Lakes Regional Library site.

(#20020695-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

(a)

ACTION REQUESTED:

Request permission for staff (County Attorney, Public Works) to begin preliminary working sessions with FP&L and the SFWMD regarding the potential co-location of an LCU water plant at the Ft. Myers FP&L generating facility.

WHY ACTION IS NECESSARY:

This initiative could result in a capital that which requires Board approval. 

WHAT ACTION ACCOMPLISHES:

Authorizes staff to begin preliminary discussions regarding agreements with FP&L and the SFWMD that could provide Lee County Utilities with a new water plant site co-located at the FP&L generating facility.  (#20020694-Utilities)

11.

PARKS AND RECREATION

12.

COUNTY ATTORNEY

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

APPEALS

CONTINUATION OF ADMINISTRATIVE AGENDA

ACTION REQUESTED:

Deny appeal of administrative interpretation of the Lee Plan under the single-family determination provision filed by Norman R. Bloxham on behalf of David and Chris Stevenson.

WHY ACTION IS NECESSARY:

Mr. Bloxham has filed an appeal of the denial of his request for a favorable administrative interpretation of the Lee Plan under the single-family residence provision.

WHAT ACTION ACCOMPLISHES:

The Board’s Action will uphold the determination that the property is ineligible for a favorable administration interpretation of the Lee Plan under the single-family residence provision. (#20020674-County Attorney)