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 |
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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
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Invocation: |
Pastor
Jonathan Gray |
Cornerstone
Ministries |
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Pledge
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Presentations: |
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(Commissioner
Coy-#20021162) |
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(Commissioner
Coy-#20021163) |
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Recap |
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Public
Comment on the Consent and Administrative Agenda |
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Items
to be pulled for discussion by the Board |
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Motion
to approve balance of items |
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Consideration
of items pulled for discussion |
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Walk-ons
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Commissioners'
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County
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County
Attorney Items |
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Adjourn |
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November
5, 2002
1. |
COUNTY ADMINISTRATION |
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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) |
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2. |
CONSTRUCTION AND DESIGN |
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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) |
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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) |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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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) |
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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) |
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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) |
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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) |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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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) |
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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) |
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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) |
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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) |
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7. |
PUBLIC SAFETY |
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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) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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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) |
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9. |
TRANSPORTATION |
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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) |
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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) |
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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) |
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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) |
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10. |
UTILITIES
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11. |
PARKS AND RECREATION |
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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) |
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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) |
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12. |
COUNTY ATTORNEY |
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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) |
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13. |
HEARING EXAMINER |
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14. |
PORT AUTHORITY |
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15. |
CONSTITUTIONAL OFFICERS |
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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) |
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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) |
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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) |
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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) |
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November
5, 2002
1. |
COUNTY ADMINISTRATION |
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2. |
CONSTRUCTION AND DESIGN |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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9. |
TRANSPORTATION |
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10. |
UTILITIES |
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11. |
PARKS AND RECREATION |
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12. |
COUNTY ATTORNEY |
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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) |
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13. |
HEARING EXAMINER |
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14. |
PORT AUTHORITY |
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15. |
CONSTITUTIONAL OFFICERS |
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