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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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September 24, 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
Donovan Law |
Covenant
Community Ministries |
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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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CONSENT
AGENDA
September
24, 2002
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1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Approve budget amendment resolutions, Interfund
transfers, and transfers from reserves to incorporate the unanticipated
receipts and appropriations for FY 01-02. WHY ACTION
IS NECESSARY: The Board must approve budget amendments and
transfers from reserves. WHAT ACTION
ACCOMPLISHES: Allows the execution of Interfund transfers and
payments of outstanding debts to vendors.
(#20021033-Budget Services) |
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ACTION
REQUESTED: Approve the award of Project # EX020799 to
increase the amount approved via Blue Sheet No. 20010105 from $60,601.00 to
$88,964.07 for Oracle site license support for the Lee County Information
Technology Group (ITG). Purchase will
be made from the Oracle Corporation at the prices, terms and conditions
outlined in Florida State Contract # 252-002-00-1. 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: Provides Lee County with technical support for
Oracle software (which is billed one year in arrears); and clarifies the
amount approved in Blue Sheet No. 20010105. (#20020987-County Manager) |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION REQUESTED: Approve Change Order No. 1 to Contract No. 1834
for CN-01-08, BONITA SPRINGS COMMUNITY PARK #2, in the amount of $669,195.00,
which will increase the total contract with Parker/Mudgett/Smith Architects
Inc. to $776,005.00. WHY ACTION IS NECESSARY: Pursuant to the Lee County Contracts Manual,
approved by the Board on September 25, 2001, Change Orders over $50,000.00
require Board approval. WHAT ACTION ACCOMPLISHES: This phase of the project is for the design,
permitting and construction of the Bonita Springs Community Park #2. (#20021047-Construction and Design) |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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ACTION REQUESTED: Execute a grant award agreement for $128,800 in
SHIP funds with Presbyterian Homes of South Florida, Inc. of South Florida,
Inc. to install central air conditioners in 71 very low income elderly rental
units per the September 3, 2002 recommendation of the Lee County Affordable
Housing Committee. WHY ACTION IS NECESSARY: Presbyterian Homes of South Florida, Inc.
submitted a grant application during the last grant cycle (2000-01
Supplemental Cycle #3). Due to the
competitive nature of that grant cycle it only received $14,604. Since the Lee County Housing Development
Corporation cancelled its Meadow Glen rental project and relinquished claim
to committed funds, funding is available for the Presbyterian Homes of South
Florida, Inc. project. WHAT ACTION ACCOMPLISHES: Allows the county to enter into a grant award
agreement with Presbyterian Homes of South Florida, Inc. (#20021023-Planning) |
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ACTION REQUESTED: Designate by approving the attached resolution the
inclusion of Census Tracts 3.01, 3.02, and 4.01 (Tice and East Fort Myers) as
Infill Non-Targeted Areas under the Florida Housing Finance Corporation’s
First Time Home Buyers Single Family Mortgage Revenue Bond Program. WHY ACTION IS NECESSARY: Board action is required prior to a census tract
being designated as Infill Non-Targeted Area by the Florida Housing Finance
Corporation. WHAT ACTION ACCOMPLISHES: Expands the Infill Non-Target Areas in Lee County
to include Census Tracts 3.01. 3.02, and 4.01 (Tice and East Fort Myers) and
enables prospective homebuyers in these three census tracts to have the
opportunity to apply to receive lower interest financing. (#20021026-Planning) |
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ACTION
REQUESTED: Adoption of Resolution which consents to the
actions taken by the Housing Finance Authority of Lee County, Florida
pertaining to the issuance of Single Family Mortgage Revenue Bonds Series
2003. WHY
ACTION IS NECESSARY: Ratification of such action is required under
Florida Statutes Chapter 159. WHAT
ACTION ACCOMPLISHES: Action will allow the Housing Finance Authority of
Lee County, Florida to issue its Mortgage Revenue Bonds for single family
financing home ownership in participation with various other counties
in Florida and to provide affordable housing opportunities for low, moderate
and middle income families in Lee County and other Florida Counties. (#20021036-Planning) |
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5. |
HUMAN SERVICES |
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ACTION
REQUESTED: Authorize an amendment to contract number 1900
between the Lee County Board of County Commissioners and the Lee Mental
Health Center, Inc. dba Ruth Cooper Center for services provided between July
1, 2001 and June 30, 2002 to allow the agency to transfer money to reflect
the Medicaid status of clients served and bill for services provided during
the contract term. Authorize Human
Services to negotiate a contract with Ruth Cooper Center to utilize the funds
remaining in the transportation category ($79,790) for a short-term respite
program during FY 02-03, which provides housing for a period of 60-90 days
for persons with mental illness.
Authorize the carryover of these funds to FY02-03. Authorize Board chairman to sign contract once
complete. WHY ACTION
IS NECESSARY: To utilize the funds remaining in the FY01-02
contract for mental health and housing services provided by the Ruth Cooper
Center. WHAT ACTION
ACCOMPLISHES: Allows the agency to be reimbursed for services
provided by adjusting contract balances to adult mental health and substance
abuse residential cost categories for persons with or without Medicaid
coverage. Provides much needed
housing options for persons with mental illness. Would provide service to the mental health court. (#20021024-Human Services) |
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6. |
INDEPENDENT |
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ACTION REQUESTED: Grant a Perpetual Utility Easement for North Fort
Myers Community Park to Lee County Electric Cooperative, pursuant to the
terms and conditions as set forth in the easement document; authorize the
Division of County Lands to handle all documentation necessary to complete
this transaction. WHY ACTION IS NECESSARY: The Board must formally approve all real estate
conveyances from Lee County. WHAT ACTION ACCOMPLISHES: Grants a perpetual utility easement that will
allow Lee County Electric Cooperative, Inc. to install and maintain electric
distribution lines servicing North Fort Myers Community Park. (#20021017-County Lands) |
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ACTION
REQUESTED: Approve staff recommendation to award Formal
Quotation #Q-020410 for the sale of property located at 1880 Colonial
Boulevard, Fort Myers, Florida (STRAP No. 02-45-24-P2-00066.0010), remainder
property purchased by County DOT for the US 41/Colonial Interchange, Project
No. 6651, to the highest quoter meeting all specification requirements, First
Home Builders of Florida, for a total of $756,551.00. Also, on behalf of the Board of County
Commissioners, authorize the chairman to execute the County Deed and
authorize the Division of County Lands to handle and accept all documentation
necessary to complete this transaction. WHY
ACTION IS NECESSARY: On February 10, 1998, the Board directed Staff to
dispose of this surplus property in accordance with the Lee County
Administrative Code, Purchasing Manual and Florida Statutes. WHAT
ACTION ACCOMPLISHES: Complies with the Board’s direction.
(#20020984-County Lands) |
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6. |
INDEPENDENT |
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ACTION REQUESTED: Authorize the Division of County Lands to make a
binding offer to the property owners in the amount of $3,000.00 for Parcel
150/151, Pondella Road Widening, from east of McNeill Road to Del Pine Drive,
Project No. 4656, pursuant to the terms and conditions set forth in the
Purchase Agreement; authorize Chairman on behalf of the BOCC to execute
Purchase Agreement if offer is accepted by Seller; authorize the Division of
County Lands to handle and accept all documentation necessary to complete
this transaction and payment of all recording fees. WHY
ACTION IS NECESSARY: The Board must formally authorize the making of a
binding offer to a property owner pursuant to F.S. §73.015 prior to
initiation of condemnation proceedings. WHAT
ACTION ACCOMPLISHES: Makes binding offer to property owner as required
by F.S. §73.015, as amended. (#20021011-County Lands) |
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ACTION REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $6,800 for Parcel 209/210,
Pondella Road Widening, from east of McNeill Road to Del Pine Drive, Project
No. 4656, pursuant to the terms and conditions set forth in the Purchase
Agreement; authorize Chairman on behalf of the BOCC to execute Purchase
Agreement if offer is accepted by Seller; authorize the Division of County
Lands to handle and accept all documentation necessary to complete this
transaction and payment of all recording fees. WHY
ACTION IS NECESSARY: The Board must formally authorize the making of a
binding offer to a property owner pursuant to F.S. §73.015 prior to
initiation of condemnation proceedings. WHAT
ACTION ACCOMPLISHES: Makes binding offer to property owner as required
by F.S. §73.015, as amended. (#20021012-County Lands) |
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ACTION REQUESTED: Authorize the Division of County Lands to make a
binding offer to the property owners in the amount of $1,000.00 for Parcel
155, Pondella Road Widening, from east of McNeill Road to Del Pine Drive,
Project No. 4656, pursuant to the terms and conditions set forth in the
Purchase Agreement; authorize Chairman on behalf of the BOCC to execute
Purchase Agreement if offer is accepted by Sellers; authorize the Division of
County Lands to handle and accept all documentation necessary to complete
this transaction and payment of all recording fees. WHY
ACTION IS NECESSARY: The Board must formally authorize the making of a
binding offer to a property owner pursuant to F.S. §73.015 prior to
initiation of condemnation proceedings. WHAT
ACTION ACCOMPLISHES: Makes binding offer to property owner as required
by F.S. §73.015, as amended.
(#20021021-County Lands) |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Authorize application to Florida Department of
State, Division of Library and Information Services, for fiscal year 2003
State Aid to Libraries Grant. WHY
ACTION IS NECESSARY: To be considered eligible for funds Chapter 257,
State Statutes require application by October 1, 2002. WHAT
ACTION ACCOMPLISHES: Allows Lee County to apply for 2003 State Aid to
Libraries grant funds.
(#20021034-Library) |
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ACTION
REQUESTED: Approve Senior AIDES Project/Host Agency Agreement
with the Dr. Ella Piper Center to provide temporary employees to Lee County
for the purpose of career orientation and training for eligible Seniors. WHY ACTION
IS NECESSARY: Although the staff provided to us would be
employees of the Dr. Ella Piper Center, the Host Agency (Lee County) would be
a responsible party under our Equal Opportunity Employment laws. WHAT ACTION
ACCOMPLISHES: Allows the County to participate in and benefit
from the Senior AIDES program. (#20021055-Human Resources) |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION REQUESTED: Approve Change Order No. 1 to the Service Provider
Agreement with Carlos Trucking, Inc. (Lee Contract No. 2124) to add related
work scope including the transfer of solid waste from the waste to energy
facility (WTE) to the Lee/Hendry landfill and the transfer of waste tires
from LaBelle and Clewiston to Modern Recycling, Inc., in Bonita Springs. WHY ACTION IS NECESSARY: The estimated cost for the additional work scope
is expected to exceed $50,000.00 in one year. WHAT ACTION ACCOMPLISHES: Provides solid waste transfer services during
times of scheduled and unscheduled outages at the WTE facility. (#20021039-Solid Waste) |
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ACTION REQUESTED: Approve a Service Provider Agreement with Keep Lee
County Beautiful for Recycling and Solid Waste Community Actions, Promotions,
and Education Programs for a one year term with the option to extend the term
up to two additional one year periods.
The total amount of direct funding for FY02/03 is not to exceed
$88,000.00 and media buys are on a pass through basis with a not to exceed
budget of $35,000.00. Media buys will
be directed by the Solid Waste Division. WHY ACTION IS NECESSARY: Service Provider Agreements exceeding $50,000.00
require Board approval. WHAT ACTION ACCOMPLISHES: Continues
positive public awareness and education programs for proper recycling and
solid waste management.
(#20021040-Solid Waste) |
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9. |
TRANSPORTATION |
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ACTION REQUESTED: Award B-02-25 MAJOR INTERSECTION IMPROVEMENTS AND
RESUFRACING OF SR 93 (I-75) AT DANIELS ROAD AND WEST OF INTERCHANGE TO
TREELINE AVENUE, for the Department of Transportation, to the lowest
responsive/responsible bidder meeting all bidding requirements, APAC-Florida
Inc., for a total not-to-exceed contract amount of $852,787.57, with a final
project completion time by 12/15/02. WHY ACTION
IS NECESSARY: Pursuant to Administrative Code AC-4-4 Lee County
Contracts Manual, approved by the Board on September 25, 2001, construction
projects estimated to be over $50,000 will be executed through the formal
advertised sealed bid procedures. WHAT ACTION
ACCOMPLISHES: Provides a contractor for major intersection
improvements and resurfacing (Daniels Road) at SR 876 of SR 93 (I-75) and SR
876 west of SR 93 (I-75) to Treeline Avenue. (#20021014-Transportation) |
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10. |
UTILITIES
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ACTION REQUESTED: Approve final acceptance, by Resolution, and
recording of a Utility Easement as a donation for water distribution and
gravity collection serving AVALON BAY,
Phase III. This is a
Developer contributed asset and the project is 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 Phase III of the recently constructed
multi-family residential development. WHAT ACTION ACCOMPLISHES: Complies with the Lee County Utilities Operations
Manual and places the water system and gravity collection system into
operation. (#20021006-Utilities) |
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ACTION REQUESTED: Approve final acceptance, by Resolution, as a
donation for one 4” diameter fire line serving Popeye’s Restaurant @
Merchants Crossing. This is a Developer
contributed asset and the project is located on the north side of Pine Island
Road. WHY ACTION IS NECESSARY: To provide fire protection to the recently
constructed restaurant. WHAT ACTION ACCOMPLISHES: Places the fire line into operation and complies
with the Lee County Utilities Operations Manual. (#20021016-Utilities) |
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ACTION REQUESTED: Approve construction of water main and gravity
main extensions serving Lee County
District School Board – Bus Refueling Center, PH I. This is considered
a Developer contributed asset project located on the south side of Ben C.
Pratt Six Mile Cypress Parkway approximately ½ mile east of S. Tamiami Trail. WHY ACTION IS NECESSARY: To provide potable water, fire protection and
sanitary sewer service to the proposed bus refueling facility. WHAT ACTION ACCOMPLISHES: Complies with the Lee County Utilities line
extension policy and provides adequate utility infrastructure to support
development of this phase.
(#20021019-Utilities) |
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ACTION
REQUESTED: Award B-02-22 DEL VERA WATER MAIN EXTENSION, for
the Division of Utilities, to the lowest responsive/responsible bidder
meeting all bidding requirements, Strickler Brothers Inc., for a base bid
amount of $149,780.00, plus Alternate B to furnish and install 36” RCP Storm
Sewer in the amount of $33,120.00 for a total not-to-exceed contract amount
of $182,900.00, with a final project completion time of 120 calendar days. WHY ACTION
IS NECESSARY: Pursuant to Administrative Code AC-4-4 Lee County
Contracts Manual, approved by the Board on September 25, 2001, construction
projects estimated to be over $50,000 will be executed through the formal
advertised sealed bid procedures. WHAT ACTION
ACCOMPLISHES: Provides the Utilities Division with a contractor
for the installation of a 16” ductile iron water main. (#20021037-Utilities) |
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11. |
PARKS AND RECREATION |
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12. |
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). (#20021052-Clerk of
Courts) |
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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.
(#20021053-Clerk of Courts) |
ADMINISTRATIVE AGENDA
September
24, 2002
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1. |
COUNTY ADMINISTRATION |
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ACTION REQUESTED: Approve an advance of
$2,232,000 to the Tax Collector for Ad Valorem commission fees for Fiscal
Year 2002-2003 per Florida Statutes 192.102 and 218.36. WHY ACTION IS NECESSARY: In as much as all Excess
Fees are payable and due to be returned to the Board of County Commissioners
on the 31st day after the close of the fiscal year, the Tax
Collector will require operating funds for the months of October and November
2002 WHAT ACTION
ACCOMPLISHES: Provides operating funds necessary for the first
two months of FY 2002-2003 in anticipation of commissions earned from Ad
Valorem monies collected and distributed. (#20021048-Budget Services) |
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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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ACTION REQUESTEDDirect proposed Board of County Commission
sponsored amendments to the Lee County Comprehensive Plan, the Lee Plan, for
the 2002/2003 amendment cycle. WHY ACTION
IS NECESSARY: In accordance with Administrative Code 13-6, an
affirmative vote of three or more Commissioners is required to authorize
Board of County Commission initiated Lee Plan amendments. WHAT ACTION
ACCOMPLISHES: Authorize staff to begin their analysis and
prepare staff reports for Board of County Commission initiated Lee Plan
amendments for the 2002/2003 amendment cycle. (#20021049-Planning) |
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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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13. |
HEARING EXAMINER |
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14. |
PORT AUTHORITY |
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15. |
CONSTITUTIONAL OFFICERS |
PUBLIC AGENDA
SEPTEMBER 24, 2002
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5:00
PM |
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Public
Hearing |
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ACTION REQUESTED: Conduct a Public Hearing to request Board to
approve County Ordinance providing additional penalty for civil traffic
violations to fund drivers education programs. WHY ACTION IS NECESSARY: The Lee County Board of County Commissioners must
approve all proposed County Ordinances. WHAT ACTION ACCOMPLISHES: Authorizes Clerk of Courts to collect additional
$3.00 assessment (cost) on civil traffic penalties to be administered by the
Board of County Commissioners for “traffic education programs” in public or
non-public (private) schools.
Provides additional funding for effective drivers education programs
for Florida’s youngest, most inexperienced drivers. (#20021041-County Attorney) |
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5:05
PM |
Public
Presentation of Matters by Citizens |
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Adjourn |
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