District #1

Bob Janes

District #2

Douglas St. Cerny

Vice Chairman

District #3

Ray Judah

 

District #4

Andrew W. Coy

District #5

John E. Albion

Chairman

 

Donald D. Stilwell,

County Manager

 

James G. Yaeger, County Attorney

February 10, 2004

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:

Reverend Cherie Chapman

Hope United Methodist 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

 

 

9:30 AM

PUBLIC HEARING

 

ACTION REQUESTED:

Consider executing a development agreement with the owners and developers of the Coconut Point DRI that will govern mitigation of the transportation impacts of the DRI.  Direct to second public hearing on February 24, 2004, at 9:30 a.m., or as soon thereafter as may be heard.

WHY ACTION IS NECESSARY:

Florida Statutes requires at least two public hearings before a local government enters into a development agreement.

WHAT ACTION ACCOMPLISHES:
Finalizes the terms and conditions applicable to mitigating the transportation impacts created by the Coconut Point DRI.   (#20040100-County Attorney)

 

 

 

Walk-ons and Carry-overs

 

 

 

Commissioners' Items/Committee Appointments

 

 

 

County Manager Items

 

 

 

County Attorney Items

 

 

 

Adjourn until 5:00 PM

CONSENT AGENDA

February 10, 2004

  

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Request Board approve Budget Amendment Resolution to allocate excess Fund Balance and Capital Grant Revenue for carryover Capital Projects and Grants.  Request Board approve Transfer of Funds from reserves and authorize interfund transfers.  Request Board amend 03/04 – 07/08 Capital Improvement Program to reduce or increase Capital Projects.

WHY ACTION IS NECESSARY:

Board of County Commissioners must approve Budget Amendments and Transfers from reserves.

WHAT ACTION ACCOMPLISHES:

Provides for unexpended funds budgeted to a project in a fiscal year to be carried forward in the new fiscal year.  (#20040074-Budget Services)

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

 

(a)

ACTION REQUESTED:

Approve resolution adopting Administrative Code 15-7, which will create policy for the disposition of indigent and unclaimed bodies and designate the Director of Human Services or designee as the county’s legally authorized person to sign for cremation of unclaimed or indigent bodies.

WHY ACTION IS NECESSARY:

Establishes policy for burial and cremation of unclaimed and indigent bodies and authorizes the Director of Human Services, or designee, to act on behalf of the Board of County Commissioners with respect to Florida Statue 406.52, Indigent Burials, as the county’s “legally authorized person” to sign for cremation of unclaimed or indigent bodies.

WHAT ACTION ACCOMPLISHES:

Provides a cost-effective approach for the disposition of dead bodies and designates the Director of Human Services or designee to authorize cremation of unclaimed and indigent bodies.  (#20040098-Human Services)

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Authorize approval of Resolution expressing an interest in accepting a donation of surplus land owned by the Florida Department of Transportation consisting of approximately two acres of land in Section 30, Township 43 South, Range 27 East, out of Strap No. 30-43-27-00-00001.0050, to be added to Hickey Creek Mitigation Park; payment of costs and fees to close; 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:

Declares Lee County’s intention to accept donation of FDOT owned lands and authorizes staff to complete the transaction.  (#20040062-County Lands)

 

 

(b)

ACTION REQUESTED:

Approve Right of Way Consent Agreement and Memorandum of Right of Way Consent Agreement for a parcel in Gladiolus Drive Widening Project #4083; authorize payment of costs to record the Memorandum and the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The agreement is necessary for construction of drainage facilities serving Gladiolus Drive.

WHAT ACTION ACCOMPLISHES:

Provides the County with the ability to enter into an FPL Easement for the purpose of installing and maintaining an outfall drainage pipe.  (#20040071-County Lands)

 

 

(c)

ACTION REQUESTED:

Approve Purchase Agreement for acquisition of Parcel 322, Imperial Street Widening Project No. 4060, in the amount of $245,000; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:

The Board avoids Eminent Domain.  (#20040075-County Lands)

 

 

(d)

ACTION REQUESTED:

Accept donation of a Perpetual Drainage & Access Easement for parcel in Gladiolus Drive Widening Project #4083; authorize payment of recording fees and the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:

Acquires drainage easement necessary for future widening of Gladiolus Drive.  (#20040076-County Lands)

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Approve agreement with Englewood Community Hospital governing use of their helipad.

WHY ACTION IS NECESSARY:

Board must approve all agreements.

WHAT ACTION ACCOMPLISHES:

Formalizes procedures for the use of Englewood Community Hospital’s helipad by Lee County EMS.  (#20040084-EMS)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve award of Quote # Q-040117, Waterborne Traffic Paint, for the Department of Transportation-Traffic Section, to the overall low quoter who met all specification requirements, Pride Enterprises, based on the pricing listed on the Lee County Tabulation Sheet.  Also request authority to renew this quote for four additional one-year periods, upon mutual agreement of both parties.  Estimated savings to the taxpayer is $40,872.

WHY ACTION IS NECESSARY:

To establish a contract for waterborne traffic paint for the Department of Transportation.

WHAT ACTION ACCOMPLISHES:

Establishes competitive, fair market prices for waterborne traffic paint for the Department of Transportation.  (#20040052-Transportation)

 

 

(b)

ACTION REQUESTED:

Reject Formal Quote # Q-030773 and authorize DOT, Fleet Management, and Purchasing to negotiate with Kelly Tractor Company to purchase – for a not-to-exceed amount of $130,000 - one Caterpillar D5N Dozer with associated maintenance/warranty packages.  Discussions with Kelly Tractor have shown that the County can achieve savings of approximately $12,000 through a negotiated procurement versus the pricing obtained through Formal Quote # Q-030773.

WHY ACTION IS NECESSARY:

As this expenditure will exceed $50,000, Board approval is required.

WHAT ACTION ACCOMPLISHES:

Provides DOT with a reliable, new dozer that will be used to clean ditches and canal bottoms, repair right-of-ways, and to push material at various County dumps.  This new unit will replace the old Fiat dozer that was sold at the January 2002 County auction.  (#20040054-Transportation)

 

 

(c)

ACTION REQUESTED:

Rescind Blue Sheet #20031127, which was approved on December 16, 2003, and approved the Roadway Lighting System Agreement with the Florida Department of Transportation for roadway lighting on Metro Parkway (Extension)(State Road 739) from US 41 at Alico Road to Ben C. Pratt Six Mile Cypress Parkway. Also, rescind the Resolution authorizing the Chairman to execute this Agreement.

WHY ACTION IS NECESSARY:

Requires Board of County Commissioners approval for rescinding agreements.

WHAT ACTION ACCOMPLISHES:

Rescinds the approval of this Agreement as the Agreement for this project on Metro Parkway had been previously approved on December 3, 2002, under Blue Sheet #20021272.  (#20040082-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve final acceptance, by Resolution, as a donation for one 6’ fire line serving Modern Tile and Carpet.  This is a Developer contributed asset project located along the west side of Division Drive approximately 2/3 mile north of Luckett Road.

WHY ACTION IS NECESSARY:

To provide fire protection to the recently constructed commercial building.

WHAT ACTION ACCOMPLISHES:

Places the fire line into operation and complies with the Lee County Utilities Operations Manual.  (#20040035-Utilities)

 

 

(b)

ACTION REQUESTED:

Authorize the chairman on behalf of the BOCC to approve Supplemental Task Authorization No. 3 to CN-01-11, Contract 1852 (David Douglas Associates, Inc.), Miscellaneous Utility Engineering Design and/or Inspection Services, in the amount of $59,512.00.  Also approve Budget Transfer from LCU Capital Improvement Reserves in the amount of $59,512 and amend FY 03/04-07/08 CIP for the Three Oaks Parkway Widening Sewer Project.

WHY ACTION IS NECESSARY:

Approval by the BOCC is required for Supplemental Task Authorization expenditures over $50,000.

WHAT ACTION ACCOMPLISHES:

Proposed roadway and drainage improvements involved in the LCDOT’s Three Oaks Boulevard widening project (Alico Road to Corkscrew Road) will conflict with certain existing LCU water and wastewater facilities, which will need to be relocated.  Approval will allow LCU to instruct David L. Douglas Associates, Inc. to proceed with the development of utility relocation plans and specifications, obtain permits, and provide bidding assistance.  (#20040036-Utilities)

 

 

(c)

ACTION REQUESTED:

Approve final acceptance by Resolution as a donation of water distribution and gravity collection systems serving Avalon Bay, Phase 4.   This is a developer contributed asset project located on the north side of Gladiolus Drive approximately 800’ west of Winkler Road.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to this phase of 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.  (#20040063-Utilities)

 

 

(d)

ACTION REQUESTED:

Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of a gravity main extension serving San Souci Drive Gravity Sewer Main Extension.  This is a Developer contributed asset project located along the east side of Fiesta Way approximately 1/4 mile south of Cypress Lake Drive.

WHY ACTION IS NECESSARY:

To provide sanitary sewer service to this recently constructed residential development.

WHAT ACTION ACCOMPLISHES:

Places the gravity main into operation and complies with the Lee County Utilities Operations Manual.  (#20040064-Utilities)

 

 

(e)

ACTION REQUESTED:

Approve final acceptance by Resolution, and recording of a utility easement as a donation for a water main extension and one 6’’ diameter fire line serving Cracker Barrel Old Country Store.  This is a developer contributed asset project located on the southwest corner of Daniels Parkway and I-75.

WHY ACTION IS NECESSARY:

To provide potable water service and fire protection the recently constructed restaurant.

WHAT ACTION ACCOMPLISHES:

Places the water system into operation and complies with the Lee County Utilities Operations Manual.  (#20040065-Utilities)

 

 

(f)

ACTION REQUESTED:

Approve award of Formal Quotation Q-040087, the purchase of Chlorine for Utilities for various Water and Wastewater Treatment Plants, to the low quoter meeting all specifications requirements, Brenntag Mid-South, at the prices listed on the Lee County tabulation sheet.  This quotation shall be in effect for one (1) year, or until new quotes are taken and awarded.  Also, request authority to renew this quote for four (4) additional one-year periods at the same terms and conditions if in the best interest of Lee County.  Lee County Utilities estimates spending $90,000.00 annually for chlorine.  Annual estimated savings to the taxpayers; $3,000.00.

WHY ACTION IS NECESSARY:

As this expenditure will exceed $50,000.00, Board approval is required.

WHAT ACTION ACCOMPLISHES:

Provides the purchase of chlorine on an as needed basis for various Lee County Water and Wastewater facilities within the Lee County Utilities Department.  (#20040077-Utilities)

 

 

(g)

ACTION REQUESTED:

Approve construction of a water main extension and a sewage force main extension, serving University Club Apartments. This is a Developer contributed asset and the project is located on the west side of Ben Hill Griffin Parkway approximately 3/4 mile south of Alico Road.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to this proposed multi-family residential development.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20040085-Utilities)

 

 

(h)

ACTION REQUESTED:

Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of water distribution and gravity collection systems serving Gardens @ Beachwalk, Phase 2 This is a Developer contributed asset project located on the south side of Gladiolus Drive between San Carlos Boulevard and Pine Ridge Road.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to this phase of the recently constructed multi-family apartment complex.

WHAT ACTION ACCOMPLISHES:

Places the water and sewer systems into operation and complies with the Lee County Utilities Operations Manual.  (#20040086-Utilities)

 

 

(i)

ACTION REQUESTED:

Approve final acceptance, by Resolution, and recording of one Utility Easement as a donation of a 6” diameter fire line, one (1) fire hydrant and a force main serving CVS Pharmacy.  This is a Developer Contributed asset project located on the southwest corner of N. Cleveland Avenue and Pondella Road.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to the recently constructed pharmacy.

WHAT ACTION ACCOMPLISHES:

Places the fire line, fire hydrant and force main into operation and complies with the Lee County Utilities Operations Manual.  (#20040087-Utilities)

 

11.

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).  (#20040104-Clerk of Courts)

 

 

(b)

ACTION REQUESTED:

Approve Minutes of the Board of County Commissioners Meetings of: January 08, 2002 (Regular); April 16, 2002 (Regular); May 07, 2002 (Regular); May 14, 2002 (Regular); May 06, 2003 (Regular); May 06, 2003 (Lee Plan); August 12, 2003 (Regular); August 18, 2003 (Zoning); September 18, 2003 (Budget); October 21, 2003 (Regular).  (#20040106-Clerk of Courts)

 

ADMINISTRATIVE AGENDA

February 10, 2004

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Approve Waiver # W-040194 to waive the formal quotation procedure for the Public Safety-EMS Division, for the purchase of forty five ambulance cots model #608200000 MX-PRO R-3, ancillary equipment and warranties deemed as the best value for Lee County, from Stryker (Sole source-please see attachment #4). Total cost for the cots and ancillary equipment is $158,811.50

WHY ACTION IS NECESSARY:

All purchases that exceed $50,000 annually must be board approved.

WHAT ACTION ACCOMPLISHES:

Allows Public Safety-EMS Division to obtain necessary equipment.  (#20040069-EMS)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Request BOCC adopt alignment for Plantation Extension Blvd. (CIP #4073) as described in attachment, and direct DOT and County Lands to proceed with voluntary acquisition of right-of-way necessary for the total project as shown and move forward with design phase.

WHY ACTION IS NECESSARY:

Ultimate selection of new roadway alignments must be made by the Board.

WHAT ACTION ACCOMPLISHES:

Allows DOT and County Lands to proceed with acquisition of right-of-way and to move forward with design of the roadway along this alignment.  (#20040017-Transportation)

 

 

(b)

ACTION REQUESTED:

Request Board waive requirements of ordinance 92-22 as provided in Section Four of same ordinance with respect to LBFH, Inc. Ink Engineering for CIP project # 4065 Palmetto/Plantation connection from Idlewild to Colonial (SR 884).

WHY ACTION IS NECESSARY:

Waiver of this ordinance (92-22) as prescribed in Section Four of same ordinance requires affirmative vote of four (4) commissioners.

WHAT ACTION ACCOMPLISHES:

Allows LBFH, Inc. Ink Engineering to pursue selection for the design of this project when it is advertised.  (#20040079-Transportation)

 

 

(c)

ACTION REQUESTED:

Provide direction to DOT staff in regards to the type of structure to be designed for the replacement of the Sanibel Bridges.

WHY ACTION IS NECESSARY:

BOCC must approve all Roadway Landscape Advisory Committee (RLAC) recommendations.

WHAT ACTION ACCOMPLISHES:

Allows bridge designers to complete plans and specifications for the Sanibel Bridge Replacement Project.  (#20040083-Transportation)

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

PUBLIC AGENDA

February 10, 2004

                                                                                                                       

5:00 PM

(#1)

Public Hearing

 

ACTION REQUESTED:

Conduct a Public Hearing to adopt a Petition to Vacate a 12-foot wide Public Utility Easement located at 546 and 548 Empire Ave S., Lehigh Acres Florida.  (Case No. VAC2003-00073)

WHY ACTION IS NECESSARY:

To build a single-family residence on the combined lots.  The vacation of this easement will not alter existing utility conditions and the easement is not necessary to accommodate any future utility requirements.

WHAT ACTION ACCOMPLISHES:

Vacates the Public Utility Easement.  (S15-T45S-R27E)  (#5)  (#20040051-Development Services)

 

 

(#2)

Public Hearing

 

 

ACTION REQUESTED:

Conduct a Public Hearing to adopt a Petition to Vacate a 12-foot wide Public Utility Easement located at 136 Wanatah Ave. S., Lehigh Acres, Florida 33936.  (Case No. VAC2003-0076)

WHY ACTION IS NECESSARY:

To build a single-family residence on the combined four (4) lots.  The vacation of this easement will not alter existing utility conditions and the easement is not necessary to accommodate any utility requirements.

WHAT ACTION ACCOMPLISHES:

Vacates the Public Utility Easement.  (S3-T45S-R27E)  (#5)  (#20040081-Development Services)

 

 

5:05 PM

Public Presentation of Matters by Citizens

 

 

Adjourn