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

May 13, 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, 1^st 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 Jon Zehnder	St. Michael Lutheran 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

May 13, 2003

1.	COUNTY ADMINISTRATION
2.	CONSTRUCTION AND DESIGN
			(a)	ACTION REQUESTED: Approve Change Order No. 4 to Lee County Contract #2071, under RFQ-02-03 Construction Management for the Lee County Constitutional Complex, to Casey Construction, in the amount of $89,325.56 and an additional 84 calendar days for Completion. Also approve Budget Resolution in the amount of $90,000 for the Lee County Tax Collector’s contribution for additional renovations to the Constitutional Complex and amend FY 02/03 – 06/07 accordingly. WHY ACTION IS NECESSARY: Pursuant to the Lee County Contracts Manual, approved by the Board on September 25, 2001, all Change Orders in excess of $50,000.00 require Board approval. WHAT ACTION ACCOMPLISHES: Provides for additional improvements to the Lee County Constitutional Complex to include; CM General Conditions; 1^st Floor changes; 3^rd Floor temporary construction and 2440 Thompson Street, Lee County Tax Collector Tax sell. (#20030495-Construction and Design)
		(b)		ACTION REQUESTED: Approve Change Order No. 1 to Lee County Contract No. 2299 with SchlumbergerSema under CN-02-28 Information Technology & Telecommunications Outsourcing Services, for the Development Services Inspector/Licensing Building 1^st and 2^nd Floor Voice, Data, Cable TV and 100 Pair Wiring in the amount of $113,197.99. WHY ACTION IS NECESSARY: In accordance with the Lee County Contract Manual, approved by the Board on September 25, 2001, Change Orders in excess of $50,000.00 requires Board approval. WHAT ACTION ACCOMPLISHES: Provides the County CIP project with the necessary equipment in order to function and house the County personnel upon completion of the new facility. (#20030520-Construction and Design)
		(c)		ACTION REQUESTED: Authorize establishment of one (1) new Office Assistant position, and three (3) Tradesworker IV positions, and approve transfer from General Fund reserves in the amount of $96,416 to fund the positions’ salary, benefits, and start up costs for the balance of FY 02/03. Positions warranted by additional square footage acquired since approval of Blue Sheet 20010503 dated May 21, 2001. WHY ACTION IS NECESSARY: Board of County Commissioners’ approval required for new positions and transfers from reserves. WHAT ACTION ACCOMPLISHES: Provides Facilities Management with ample staff to maintain and support county facilities, per guidelines outlined in County/Facilities Memorandum of Understanding. (#20030493-Facilities Management)
3.	COUNTY COMMISSIONERS

4.	COMMUNITY DEVELOPMENT
				(a)	ACTION REQUESTED: Accept a petition VAC2003-00016 to vacate a twelve-foot Public Utility Easement centered on the common lot line between lots 19 and 20, Block 14, Unit 2, Lehigh Acres and adopt a Resolution setting a Public Hearing for 5:00 p.m. on the 10^th day of June 2003. WHY ACTION IS NECESSARY: To construct a Single Family Home in the center of the two lots. The vacation of the public utility easement will not alter existing utilities and the easement is not necessary to accommodate any future utility requirement. WHAT THE ACTION ACCOMPLISHES: Sets the time and date of the Public Hearing. (#20030488-Development Services)
5.	HUMAN SERVICES
6.	INDEPENDENT
				(a)	ACTION REQUESTED: Approve Change Order No. 2 to AON Consulting Inc. for CN-00-06 EMPLOYEE INSURANCE BENEFITS (Contract No. 1510) in the amount of $75,000.00 for a total to date of $250,000.00. Approve the Business Associate Agreement for HIPAA. WHY ACTION IS NECESSARY: Pursuant to the Lee County Contract Manual, approved by the Board on September 25, 2001, the Board is required to approve all Change Orders in excess of $50,000.00 to Professional Services Agreements. WHAT ACTION ACCOMPLISHES: Will enable the Consultant to provide additional work for the benefits consulting and actuarial auditing. (#20030034-Human Resources)
			(b)		ACTION REQUESTED: Approve inter-local agreements between Lee County and the Lee County Tax Collector, and Lee County and Property Appraiser for the preparation and submission of the Lee County NE Hurricane Bay Dredging MSBU, University Overlay Landscape Capital MSBU, University Overlay Landscape O & M SIU, Cottage Point Waterline MSBU, Anchorage Way MSBU, Dewberry Road MSBU and Country/Triple Crown Waterline MSBU Non-Ad Valorem Assessment Rolls and their related Uniform Collection and Enforcement pursuant to §197.3632. WHY ACTION IS NECESSARY: Provides for the inclusion of certain Non-Ad Valorem Municipal Service Taxing and Benefit Units on the tax roll for 2003 and subsequent years. WHAT ACTION ACCOMPLISHES: This establishes separate agreements between Lee County and the Lee County Tax Collector, and Lee County and Property Appraiser for the preparation and submission of certain Lee County Municipal Services Taxing and Benefit Units Non-Ad Valorem assessment rolls and their related uniform collection and enforcement pursuant to §197.3632, Florida Statutes. (#20030138-MSTBU Services)
			(c)		ACTION REQUESTED: Approve the acquisition of Parcel 318, for the Three Oaks Parkway South Extension Project No. 4043, in the amount of $215,000, 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. (#20030500-County Lands)
			(d)		ACTION REQUESTED: Approve the acquisition of Parcel 215, for the Three Oaks Parkway South Extension Project No. 4043, in the amount of $68,250, 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. (#20030502-County Lands)
			(e)		ACTION REQUESTED: Approve the acquisition of Parcel 245, for the Three Oaks Parkway South Extension Project No. 4043, in the amount of $56,000, 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. (#20030503-County Lands)
			(f)		ACTION REQUESTED: Approve the recommendations of the Conservation Lands Acquisition and Stewardship Advisory Committee to pursue the acquisition of approximately 160 acres in the “Density Reduction/Ground Water Resource” Future Land Use Map area located south of S.R. 82 and east of Green Meadow Road. Authorize the Division of County Lands to begin the acquisition process for the property known as Conservation 20/20 Nomination 220. WHY ACTION IS NECESSARY: Required by Lee County Ordinance 96-12. WHAT ACTION ACCOMPLISHES: Begins the process of negotiation and purchase of certain, identified environmentally sensitive lands as set forth by County Ordinance 96-12 and the Conservation 20/20 Program. (#20030514-County Lands)
7.	PUBLIC SAFETY
8.	SOLID WASTE-NATURAL RESOURCES
				(a)	ACTION REQUESTED: Approve Supplemental Task Authorization No. 9 with Hazen and Sawyer, P.C. at an amount not to exceed $533,300.00 for engineering, design, permitting, and construction consulting work required for the Lee/Hendry Regional Disposal Facility (landfill), Phase 2 expansion. WHY ACTION IS NECESSARY: Board approval is required for services exceeding $50,000.00. WHAT ACTION ACCOMPLISHES: Provides engineering services for the Phase 2 expansion at the regional landfill. Existing bond funds will be utilized for portions of this project. (#20030518-Solid Waste)
9.	TRANSPORTATION
				(a)	ACTION REQUESTED: Approve the award of Project # EX030487, the purchase of two (2) International cab and chassis trucks from International Truck and Engine Corporation at the Florida State Contract price (including several contract options) of $38,314.00 each – total for two (2) trucks: $76,628.00; and the purchase and installation of a water tank for each truck at the open market price of $20,077.00 each – total for two (2): $40,154.00 from Ledwell & Son Enterprises; for Lee County DOT. Grand total for this purchase: $116,782.00. Also approve the expenditure of a not-to-exceed amount of $5,000.00 for such incidentals as arrow boards and other accessories that may be required. 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: These two new trucks will allow Lee County DOT to keep up with the ever-increasing demand for water trucks to maintain established roadway beautification projects and medians; and will be used in the maintenance and installation of new plants. These trucks will replace asset #019395 which has met Fleet Management’s replacement criteria. (#20030531-Transportation)
10.		UTILITIES
				(a)	ACTION REQUESTED: Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of a water distribution system and a gravity collection system serving BELLAMAR AT BEACHWALK, PHASE I. This is a Developer contributed asset project located on the southwest corner Gladiolus Drive and Pine Ridge Road. WHY ACTION IS NECESSARY: To provide potable water service, fire protection and sanitary sewer service to the recently constructed multi-family residential development. WHAT ACTION ACCOMPLISHES: Places the water and sewer systems into operation and complies with the Lee County Utilities Operations Manual. (#20030471-Utilities)
			(b)		ACTION REQUESTED: Approval of Florida Dept. of Transportation (FDOT) Utility Agreement Resolution, authorizing the Chairman, on behalf of the BOCC, to approve and execute the Utility Work by Highway Contractor Agreement. WHY ACTION IS NECESSARY: FDOT requires such a Resolution to accompany a Utility Work by Highway Contractor Agreement. The Agreement was approved and executed previously by the BOCC, but had not included a Resolution. WHAT ACTION ACCOMPLISHES: Executes a Resolution to accompany a previously executed Agreement between FDOT and LCU for necessary utility relocations and adjustments by the FDOT Contractor. (#20030512-Utilities)
11.		PARKS AND RECREATION
12.		COUNTY ATTORNEY
				(a)	ACTION REQUESTED: Direct amendment of Lee County Land Development Code (LDC) to LPA and Public Hearing. Recommended hearing dates are as follows: Local Planning Agency: May 28, 2003 @ 8:00 a.m.: BOCC First Public Hearing: June 10, 2003 at 5:05 p.m.; BOCC Second Public Hearing: June 24, 2003 at 5:05 p.m. WHY ACTION IS NECESSARY: Public Hearings are necessary to adopt amendments to the LDC. WHAT ACTION ACCOMPLISHES: Set hearing dates before the LPA and Board of County Commissioners for advertising purposes. (#20030416-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). (#20030526-Clerk of Courts)
			(b)		ACTION REQUESTED: Approve Minutes of the Board of County Commissioners meeting as follows: October 19, 1999 (Regular); June 26, 2001 (Regular); October 30, 2001 (Regular); December 3, 2002 (Regular); February 17, 2003 (Zoning); March 31, 2003 (Zoning); April 7, 2003 (Zoning); April 7, 2003 (Management and Planning) (#20030519-Clerk of Courts)

ADMINISTRATIVE AGENDA

May 13. 2003

1.	COUNTY ADMINISTRATION
		(a)		ACTION REQUESTED: The Horizon Council recommends that the BOCC oppose the proposed rule published in the Federal Register for additional manatee protection areas for the Caloosahatchee River and San Carlos Bay Federal Refuge; and encourage local law enforcement agencies not to sign Memorandums of Understandings (MOU’s) with U.S. Fish and Wildlife to enforce proposed speed zone changes until the final outcome of the rule is known. WHY ACTION IS NECESSARY: Once the new proposed rule is enacted, the potential impact could be catastrophic to our economy. Not only will direct boating industries be impacted, but commercial and residential real estate, certain tourist activities and many other industries reliant on access to, and enjoyment of our water enriched lifestyle. WHAT ACTION ACCOMPLISHES: Provides board consideration of Horizon Council recommendation. (#20030522-Economic Development)
2.	CONSTRUCTION AND DESIGN
			(a)	ACTION REQUESTED: To approve by Resolution, the donation and transfer of real property located at 1426 Del Prado Blvd. N., Cape Coral, Lee County, Florida to the Lee County School Board. (See Interlocal and Exhibit B for legal description.) Florida Statute §125.38 allows the Board to convey real property to another governmental entity for nominal consideration, where the conveyance is in the “community interest”. To accept by Resolution, the donation and transfer of 6.2 acres of real property in Cape Coral (See Exhibit A to Interlocal) from the Lee County School Board to Lee County, for purposes of constructing a public library. To execute the Interlocal Agreement between Lee County and the School Board for the donation and acceptance of the respective properties and to formalize and effectuate transfer by County Deed. WHY ACTION IS NECESSARY: To obtain Board of County Commissioners’ approval for the donation and acceptance of real property by Resolution, provided that the Board determines that transferring the property to the School Board is in the public interest. WHAT ACTION ACCOMPLISHES: Transfers ownership of real property located in Cape Coral, Florida (Exhibit B) to the Lee County School Board and accepts donation of 6.2 acres of real property located in Cape Coral (Exhibit A) from the School Board for purposes of constructing a public library. (#20030516-Planning and Construction)
3.	COUNTY COMMISSIONERS
4.	COMMUNITY DEVELOPMENT
			(a)	ACTION REQUESTED: Adopt a Resolution to Amend External Fees and Charges Manual (Administrative Code 3-10) to adjust the fee for Communication Tower Facilities WHY ACTION IS NECESSARY: Board action is required to amend and/or establish fees for Community Development. WHAT ACTION ACCOMPLISHES: Allows County to recover part of the cost of review and processing of wireless communication facilities. (#20030456-Community Development)
5.	HUMAN SERVICES
6.	INDEPENDENT
			(a)	ACTION REQUESTED: Award RFP-03-03 ADA PARATRANSIT SERVICES, to the sole proposer whose proposal was evaluated by the Evaluation Committee as being in the best interest of Lee County, Good Wheels, for the following fees: 1a. $11.75; 1b. $11.75; 1c. $6.75; 1d. $6.75; 2a. $21.80; 2b. $26.79; 2c. $14.11; 2d. $17.70; 3a. Individual Rate $7.10, Group Rate $3.60; 3b. Individual Rate $11.60, Group Rate $6.60; 4a. Individual Rate $9.75, Group Rate $4.75; 4b. Individual Rate $9.75, Group Rate $4.75. This contract is for an initial period of 3 years with an option of being renewed for two (2) additional one (1) year periods, subject to satisfactory performance, acceptance, and determination that renewal is in the best interest of Lee County. WHY ACTION IS NECESSARY: In accordance with the Lee County Contract manual, approved by the Board on September 25, 200, services estimated to be over ($50,000) shall be executed through the formal process. WHAT ACTION ACCOMPLISHES: Will provide paratransit services to individuals who, because of physical or cognitive conditions, are unable to access the fixed route bus service under the direction of Lee Transit. (#20030538-Transit)
7.	PUBLIC SAFETY
8.	SOLID WASTE-NATURAL RESOURCES
9.	TRANSPORTATION
			(a)	ACTION REQUESTED: Approve various budget amendments and transfers to increase the Sanibel Bridge project to allow staff to proceed with expedited process and amend FY03-07 CIP accordingly. WHY ACTION IS NECESSARY: Board authorization of budget amendments required. WHAT ACTION ACCOMPLISHES: Creates current year funding source to be able to proceed with hiring a Construction Manager (CM) at Risk for replacement of Sanibel Bridges. (#20030515-Transportation)
10.	UTILITIES
11.	PARKS AND RECREATION
12.	COUNTY ATTORNEY
13.	HEARING EXAMINER
14.	PORT AUTHORITY
15.	CONSTITUTIONAL OFFICERS

PUBLIC AGENDA