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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 |
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Donald D. Stilwell, County Manager |
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James
G. Yaeger, County Attorney |
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June 11, 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
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9:30
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Invocation: |
Pastor
Steve Hess |
Zion
Lutheran Church |
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Pledge
of Allegiance |
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Recap |
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Public
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Consent
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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Administrative
Agenda |
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Walk-ons
and Carry-overs |
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Commissioners'
Items/Committee Appointments |
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County
Manager Items |
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County
Attorney Items |
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Adjourn
until 5:00 PM |
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5:00
PM |
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Public
Hearing |
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ACTION REQUESTED: Adopt a Resolution on Petition VAC2002-00009 to vacate a 12' Public
Utility Easement located between the common lot line of lots 4 and 5, Block
2, Lehigh Estates, as recorded in Plat Book 15, Page 35 of the Public Records
of Lee County Florida, and Deed Book 254, Page 50, of the Public Records of
Lee County Florida, Section 24, Township 44 South, Range 27 East, less and
except the east 6' and the west 6' thereof WHY ACTION IS NECESSARY: To build a Single family residence. The easement will not alter existing
easements, and will not be necessary to accommodate future easements. WHAT THE ACTION ACCOMPLISHES: Vacates the easement. (S24-T44S-R27E)
(#5) (#20020566-Development
Services) |
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Public
Hearing |
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ACTION REQUESTED: Adopt a Resolution on Petition VAC2000-00024 to
vacate a 12' Drainage Easement located between the common lot line of lots
105 and 106,Wildcat Run Subdivision, as recorded in Plat Book 36, Page 36 of
the Public Records of Lee County Florida, Section 30, Township 46, Range 26
East, less and except the northeast 6 feet and the southwest 6 feet, and
accept a replacement drainage easement. WHY ACTION IS NECESSARY: To build a Single family residence. The vacation of the public utility
Vacation of the easement will not alter or otherwise impact existing
utilities or drainage, and is not necessary to accommodate future drainage or
utility requirements. WHAT THE ACTION ACCOMPLISHES: Vacates the easement. (S30-T46-R26E) (#3) (#20020518-Development Services) |
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Public
Hearing |
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ACTION REQUESTED: Adopt a Resolution on Petition VAC2002-00011 to
Vacate 12' wide Public Utility and Drainage Easement centered on the side and
rear lot lines of Lots 6 & 7, 7 & 8, 8 &13, 7 & 14, 13 &
14, 6 & 15, and 14 & 15, Block 20, Unit 11, Lehigh Acres, Florida,
Plat Book 15 at Page 70 of the Public Records of Lee County, Florida. WHY ACTION IS NECESSARY: To develop a commercial building site. The vacation of the public utility and
drainage easement will not alter existing utilities and the easement is not
necessary to accommodate any future utility requirement. WHAT THE ACTION ACCOMPLISHES: Vacates the Public Utility and Drainage Easement. (S25-T44S-R26E)
(#5) (#20020558-Development
Services) |
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Public
Hearing |
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ACTION REQUESTED: Adopt a Resolution on Petition VAC2001-00045 to
vacate all of the 20' alley and a 6' Public Utility Easement lying at the
rear of lots 11, 12, 13 & 14, within Block 9, San Carlos Park Commercial
Addition, a subdivision lying in potions of Section 8, Township 46 South,
Range 25 East, Lee County, Florida, recorded in plat Book 28, Pages 18 and 19
of the Public Records of Lee County Florida. WHY ACTION IS NECESSARY: To provide for the expansion of existing
commercial businesses. These
easements are not required to accommodate any future utility or right of way
needs and the vacation will not impact any existing utilities. WHAT THE ACTION ACCOMPLISHES: Vacates
the easement. (S8-T46S-R25E) (#5)
(#20020603-Development Services) |
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Public
Hearing |
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ACTION REQUESTED: Adopt a Resolution on Petition VAC2000-00008 to
vacate to vacate the south 30' of a 40' Buffer and Drainage easement located
along the north side of lots 7 through 22, of Wellington Subdivision, Ft.
Myers, FL, on Winkler Road, south of Gladiolus, according to the plat thereof
as recorded in Plat Book 62, Pages 56 through 58 of the Public Records of Lee
County, Florida, less and except the east 15' and the west 20. WHY ACTION IS NECESSARY: To build a Single family residence. The vacation of the public utility
Vacation of the easement will not alter or otherwise impact existing
utilities or drainage, and is not necessary to accommodate future drainage or
utility requirements. WHAT THE ACTION ACCOMPLISHES: Vacates
the easement. (#3) (#20020602-Development Services) |
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5:05
PM |
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Public
Hearing ACTION REQUESTED: Conduct first public
hearing on proposed amendment s to the Lee County Land Development Code
(LDC) Chapters 2, 6, 10, 30 and 34.
After public hearing, direct the ordinance to the second public
hearing on June 25, 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 LDC amendments. (#20020604-County Attorney) |
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5:05
PM |
Public
Presentation of Matters by Citizens |
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Adjourn |
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CONSENT
AGENDA
June
11, 2002
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1. |
COUNTY ADMINISTRATION |
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ACTION REQUESTED: Approve
the Application for State Revenue Sharing Fiscal Year 2002-2003 and authorize
Chairman to sign the application. WHY ACTION IS NECESSARY: Each
unit of government is required by the State to file an application in order
to be considered for any funds to be distributed under the Revenue Sharing
Act. WHAT ACTION
ACCOMPLISHES: Allocates State Revenue Sharing monies to Lee County. (#20020562-County Administration) |
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ACTION
REQUESTED: Approve transfers of funds and Budget Amendments
as budgeted from Fund #42110 Transportation Fund Surplus Account to Fund
#42164 Transportation Facilities State Infrastructure Bank (SIB) Debt Service
Account and reduce the transfer amount to Fund #30721 TCI-Capital Cape Coral
Fund. WHY ACTION IS NECESSARY: Board
approval is required for transfers that reduce reserves and for budget
amendments. WHAT ACTION
ACCOMPLISHES: Provides funds to establish payment of debt
service for the State Infrastructure Bank loan. (#20020611-Budget Services) |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION REQUESTED: Concur with the ranking of Consultants by the
Competitive Negotiations Committee for CN-02-16, LAKES PARK REGIONAL PUBLIC
LIBRARY, in the following order of ranking and authorize contract
negotiations to commence with the number one ranked firm: (1) Barany Schmitt
Summers Weaver & Partners; (2) Gora/McGahey Associates; (3) Harvard Jolly
Clees Toppe, Architects. 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 rankings. WHAT ACTION ACCOMPLISHES: The Professional Services to be provided and
performed by the Consultant for this project will consist of any and all
services for the architectural programming, architectural design,
multi-disciplinary engineering design and construction administration
services for the Lakes Regional Public Library. (#20020592-Construction & Design) |
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3. |
COUNTY COMMISSIONERS |
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ACTION REQUESTED: Adopt a resolution to support the
reauthorization of the Library Services and Technology Act (LSTA). WHY ACTION IS NECESSARY: The LSTA must be
reauthorized by 10/1/02 if funding of this federal program is to continue. WHAT ACTION ACCOMPLISHES: The resolution sends support to our federal legislative
delegation for the reauthorization of the LSTA. (#20020635-County Commissioners) |
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4. |
COMMUNITY DEVELOPMENT |
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ACTION REQUESTED: Accept
a Petition VAC2002-00021 to Vacate 12’ wide Public Utility and Drainage
Easement lying 6 feet each side of the common lot lines dividing Lots 4 &
5 and Lots 5 & 6, Block D, Airport Woods Commerce Center, as recorded in
Plat Book 50, Pages 64-68, of the Public Records of Lee County, Florida, LESS
and EXCEPT the 10 feet abutting Bavaria Road and adopt a Resolution setting a
Public Hearing for 5:00 p.m. on the 9th day of July, 2002. WHY ACTION IS NECESSARY: To
develop a commercial building site. The
vacation of Public Utility and Drainage Easement will not alter existing
utilities or drainage and the easement is not necessary to accommodate any
future utility or drainage requirements. WHAT ACTION
ACCOMPLISHES: Sets the time and date for the Public
Hearing. (#20020621-Development
Services) |
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ACTION
REQUESTED: Adopt a Petition VAC2002-00018 to Vacate 12’ wide
Public Utility and Drainage Easement centered on side and rear lot lines of
Lots 12B & 13A and 12B & 11, Block 42, Lehigh Acres, as recorded in
Plat Book 15, Page 34, of the Public Records of Lee County, Florida and adopt
a Resolution setting a Public Hearing for 5:00 p.m. on the 9th day
of July, 2002. WHY ACTION
IS NECESSARY: To develop a residential building site. The vacation of Public Utility and
Drainage Easement will not alter existing utilities or drainage and the
easement is not necessary to accommodate any future utility or drainage
requirements. WHAT ACTION
ACCOMPLISHES: Sets the time and date of the Public Hearing. (#20020595-Development Services) |
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5. |
HUMAN SERVICES |
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ACTION REQUESTED: Approval
to: 1) Submit Lee County’s HUD Fiscal
Year 2002 Homeless Continuum of Care and Supportive Housing
applications; 2) Authorize Chairman
to sign agreements with HUD, Provider Contracts with subrecipients, and
authorize Chairman to sign HUD Certifications and HUD Consistency with
Consolidated Plan Letters. WHY ACTION IS NECESSARY: HUD
requires entitlement jurisdictions to complete an annual Homeless Continuum
of Care and funding applications in order to receive a variety of HUD
programs for the homeless. Board
action is required prior to submitting the above. WHAT ACTION
ACCOMPLISHES: Enables Lee County to meet the HUD deadline to
apply for a variety of programs to assist the county’s homeless. (#20020626-Human Services) |
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6. |
INDEPENDENT |
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ACTION REQUESTED: Approve the purchase of Parcel 1572, a vacant
non-waterfront property in Cape Coral, for the Veterans Memorial Parkway
Extension, Chiquita to Surfside, Project No. 5020, in the amount of
$6,000.00, pursuant to the terms and conditions as set forth in the Purchase
Agreement; authorize Chairman on behalf of the BOCC to execute Purchase
Agreement; authorize payment of necessary fees 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 at a later date. (#20020596-County Lands) |
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ACTION REQUESTED: Approve the acquisition of Parcel 310, for the
Imperial Street Widening Project No. 4060, in the amount of $100,360.00, pursuant
to the terms and conditions as 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 at a future date. (#20020497-County Lands) |
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ACTION REQUESTED: Approve the acquisition of Parcel 311, for the
Imperial Street Widening Project No. 4060, in the amount of $94,530.00,
pursuant to the terms and conditions as 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 at a future date. (#20020499-County Lands) |
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ACTION REQUESTED: Approve the acquisition of Parcel 312, for the
Imperial Street Widening Project No. 4060, in the amount of $112,360.00,
pursuant to the terms and conditions as 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 at a future date. (#20020501-County Lands) |
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ACTION REQUESTED: Accept the donation of a Slope/Restoration
Easement covering a portion of Strap No. 30-44-23-00-00001.0010 for the
Veterans Memorial Parkway Extension, Project No. 4601; authorize payment of
recording fees; authorize the Division of County Lands to handle and accept
all documentation necessary to complete this transaction. WHY ACTION IS NECESSARY: All real estate acquisitions must be approved by
the Board of County Commissioners pursuant to Florida Statute. WHAT ACTION ACCOMPLISHES: Acquires a permanent easement needed for the
Veterans Memorial Parkway Extension, Project No. 4601. (#20020560-County-Lands) |
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ACTION
REQUESTED: Schedule Public Hearing for July 9, 2002 at 5:00
p.m. to consider Resolutions to Assess Non-Ad Valorem Assessments using the
Uniform Method of Collecting Non-Ad Valorem Special Assessments for operating
and maintenance MSBU improvement units. WHY ACTION
IS NECESSARY: Board of County Commissioners schedules Public
Hearings WHAT ACTION
ACCOMPLISHES: Allows staff to prepare and advertise for Public
Hearing. (#20020471-MSTBU Services) |
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ACTION REQUESTED: Approve the purchase of a ± 2.5 acre parcel within
the Corkscrew Regional Ecosystem Watershed (CREW), Project No. 0999, pursuant
to the terms and conditions as set forth in the Purchase Agreement; authorize
payment of the necessary fees to close; authorize Chairman on behalf of the
Board of County Commissioners to execute Purchase Agreement; authorize the
Division of County Lands to handle and accept all documentation necessary to
complete this transaction. WHY ACTION IS NECESSARY: To place environmentally sensitive land, within
CREW boundaries, into public ownership. WHAT ACTION ACCOMPLISHES: The acquisition of ± 2.5 acres, within CREW
boundaries, for $3,000.00 plus costs to close. (#20020577-County Lands) |
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ACTION REQUESTED: Approve Budget Transfers and Budget Amendments
in the Special Assessment Series 90 Fund 265. WHY ACTION IS NECESSARY: Board of County Commissioners is required to
approve budget transfers and amendments that involve reserves. WHAT ACTION ACCOMPLISHES: Prepare fund budgets to allow fund processing of
Mandatory Redemption Bond Payment.
(#20020616-MSTBU Services) |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION REQUESTED: Amend the FY 01/02 through FY 05/06 CIP Plan for
project no. 200921 and authorize budget transfer in the amount of
$500,000. Approve Change Order No. 1
to the Professional Service Agreement (Lee Contract No. 1208) with Malcolm
Pirnie, Inc. for design and permitting services for a transfer station to be
built at the WTE site. The
not-to-exceed fee for this change order is $323,504.00. WHY ACTION IS NECESSARY: Board approval is required for expenditures
exceeding $50,000.00 WHAT ACTION ACCOMPLISHES: Provides timely permitting and engineering design
services for the transfer station project.
(#20020580-Solid Waste) |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: Approve Supplemental Task Authorization (STA) No.
5 to WilsonMiller Inc. for CN-00-04 MISCELLANEOUS CIVIL ENGINEERING DESIGN
AND/OR INSPECTION SERVICES (Contract No. 1469) for Laurel Road Sidewalk from
Old US 41 to Gage Way in the amount of $88,500.00. 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 Supplemental Task Authorizations in excess of $50,000.00 to Professional
Services Agreements. WHAT ACTION
ACCOMPLISHES: Furnishes a consultant to provide professional
surveying, design analysis, public involvement, contract plans and permitting
for the Laurel Road Sidewalk. (#20020563-Transportation) |
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ACTION
REQUESTED: Approve award of Project # EX020498, the purchase
of one (1) new New Holland TS100 tractor with two (2) Alamo mower attachments
for Lee County DOT – Operations, from Gaithersburg Equipment Co., at the
prices given in the Federal General Services Administration (GSA) Schedule #
GS30F-0010K - total contract price:
$56,244.00. Approval is also
requested for the purchase of non-contract items including training, set-up,
and labor – total for non-contract items:
$3,750.00. Grand total amount
of purchase: $59,994.00. 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: This new equipment will provide DOT – Operations
with the ability to maintain and adjust to an increasing level of
service. This equipment cleans
roadside ditches and drainage areas.
The addition of this equipment will also provide for replacement
service when like equipment is being repaired or maintained. (#20020564-Transportation) |
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ACTION
REQUESTED: Approve the award of Project # EX020514, the
purchase of the following two (2) trucks for Lee County DOT – Operations,
from the International Truck and Engine Corporation: One (1) new International truck tractor,
at the Florida State Contract base price with contract options of $67,257.00
– plus $7,047.00 in non-contract options – for a total of $74,304.00; and one
(1) new International cab and chassis truck with trash body, at the Florida
State Contract base price with contract options of $37,584.00 – plus
$9,624.00 in non-contract options – for a total of $47,208.00. Grand total for the two (2) trucks: $121,512.00. 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
trucks are replacement vehicles, and will provide DOT – Operations with the
ability to continue trash service; as well as provide hauling services for
County heavy equipment needs as they arise.
The trash truck will replace vehicle #019270; and the truck tractor
will replace vehicle #018273; both of which have fulfilled Fleet Management’s
replacement criteria requirements.
(#20020585-Transportation) |
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ACTION REQUESTED: Approve
Supplemental Task Authorization (STA) No. 32 for CN-99-23 (Contract #1642)
Miscellaneous Surveying & Mapping Services and STA No. 5 for CN-00-04
(Contract #1666) Miscellaneous Civil Engineering Design and/or Inspection
Services with the consulting firm of Bean, Whitaker, Lutz & Kareh Inc.,
for the Leeland Heights Boulevard Sidewalks. These two STA’s along with two
previously issued STA’s under both contracts result in the combined total of
$66,000.00 for the Leeland Heights Boulevard Sidewalk project. 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 Supplemental Task Authorizations
in excess of $50,000.00 to Professional Services Agreements. WHAT ACTION ACCOMPLISHES: Allows the consultant to
continue to provide professional surveying, mapping, and civil engineering
design/inspection services for the Leeland Heights Boulevard Sidewalk
Project. (#20020607-Transportation) |
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10. |
UTILITIES
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ACTION
REQUESTED: Approve
final acceptance, by Resolution, for four double water service relocations
that were required due to the re-platting of Crown Colony, Lots 1 - 12. This is a developer-contributed asset
project located on the east side of Winkler Road Extension, approximately 1/2
mile south of Summerlin Road. WHY
ACTION IS NECESSARY: To provide potable water service to the
re-platted lots (1–12) of the recently constructed residential development. WHAT
ACTION ACCOMPLISHES: Places the water services into operation and complies with the Lee County Utilities’ Operations Manual. (20020593-Utilities) |
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ACTION REQUESTED: Approve final acceptance,
by Resolution, as a donation for one fire hydrant serving Pyramid Commercial Park, Lots 3 &
4. This is a Developer
contributed asset and the project is located on the north side of Topaz Court
approximately 425’ east of Metro Parkway. WHY ACTION IS NECESSARY: To provide fire protection
to the recently constructed industrial building. WHAT ACTION ACCOMPLISHES: Places the fire hydrant into operation and
complies with the Lee County Utilities Operations Manual. (#20020594-Utilities) |
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ACTION REQUESTED: Approve construction of a water
main extension and one fire hydrant serving James Whitehead Road. This is a Developer contributed
asset project located on the north side of Alico Road approximately ¼ mile
east of S. Tamiami Trail. WHY ACTION IS NECESSARY: To provide potable water
service and fire protection to the proposed modular office building. WHAT ACTION ACCOMPLISHES: Provides adequate utility
infrastructure to support development of the subject property and complies
with the Lee County Utilities Operations Manual. (#20020608-Utilities) |
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ACTION
REQUESTED: Approve
construction of a water main extension serving Water’s Edge, Phase 3.
This is a Developer contributed asset and the project is located on the west
side of Laguna Drive within Peppertree Pointe. WHY
ACTION IS NECESSARY: To provide potable water service and fire protection to this phase of the proposed single-family residential subdivision. WHAT
ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual. (#20020599-Utilities) |
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ACTION REQUESTED: Approve construction of a water di |