|
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 |
|
James
G. Yaeger, County Attorney |
||
October 8, 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
AM |
Invocation: |
Pastor
Charles Brown |
First
Assembly of God |
|
|
|
|
|
||
|
|
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
October
8, 2002
|
1. |
COUNTY ADMINISTRATION |
||||
|
2. |
CONSTRUCTION AND DESIGN |
||||
|
|
ACTION
REQUESTED: Concur with the selection of Consultants by the
Competitive Negotiations Committee for CN-02-25 COUNTY-WIDE ENVIRONMENTAL
CONTRACT (Permitting, Mitigation, Monitoring and Maintenance), and authorize
staff to negotiate hourly rates and independent costs with the following
eight (8) selected firms: Boylan Environmental Consultants; ECT; Florida
Environmental Inc.; Hans Wilson & Associates, Inc.; Johnson Engineering
Inc.; Kevin L. Erwin Consulting Ecologist, Inc.; Passarella & Associates
Inc.; and Vegetation Management, Inc., for a contract period of two (2) years
with the option of renewal for one (1) additional year. Also, authorize Chairman on behalf of the
Board to execute the agreements upon final negotiations. WHY ACTION
IS NECESSARY: Pursuant to Lee County Contract Manual approved by
the Board on September 25, 2001, the Board is required to approve all
Consultant selections. WHAT ACTION
ACCOMPLISHES: Provides the County with several consultants on
contract that can provide professional services for environmental permitting,
mitigation, monitoring and maintenance.
(#20021071-Public Works) |
||||
|
|
ACTION
REQUESTED: Concur with the selection of Consultants by the
Competitive Negotiations Committee for CN-02-24 COUNTY-WIDE ENVIRONMENTAL
CONTRACT (Hydrological Impacts, Site Assessments, Site Remediation), and
authorize staff to negotiate hourly rates and independent costs with the
following eight (8) selected firms: American Management Resource Corp.
(AMRC); Ardaman & Associates Inc.; ECT Environmental Consulting &
Technologies; GFA International; HAS Engineers & Scientists; Professional
Services Industries (PSI); TKW Consulting Engineers; and Water Resource
Solutions, for a contract period of two (2) years with the option of renewal
for one (1) additional year. Also,
authorize Chairman on behalf of the Board to execute the agreements upon
final negotiations. WHY ACTION
IS NECESSARY: Pursuant to Lee County Contract Manual approved by
the Board on September 25, 2001, the Board is required to approve all
Consultant selections. WHAT ACTION
ACCOMPLISHES: Provides the County with several consultants on
contract that can provide professional services for environmental
hydrological impacts, site assessments and remediations. (#20021072-Public Works) |
||||
|
ACTION
REQUESTED: Concur with the selection of Consultants by the
Competitive Negotiations Committee for CN-02-26 MISCELLANEOUS SURVEYING &
MAPPING SERVICES, and authorize staff to negotiate hourly rates and
independent costs with the following fifteen (15) selected firms: AIM
Engineering & Surveying Inc.; Bean, Whitaker, Lutz & Kareh Inc.;
Burch Surveying & Mapping; Coastal Engineering Consultants; Deni
Associates Inc.; E.F. Gaines Surveying Services Inc.; Ink Engineering;
Jeffrey Cooner & Associates; Johnson Engineering Inc.; Metron Surveying
& Mapping; Q. Grady Minor; Sea Systems Corporation; TKW Consulting Engineers;
Trask Associates Inc.; and WilsonMiller Inc., for a contract period of two
(2) years with the option of renewal for one (1) additional year. Also, authorize Chairman on behalf of the
Board to execute the agreements upon final negotiations. WHY ACTION
IS NECESSARY: Pursuant to Lee County Contract Manual approved by
the Board on September 25, 2001, the Board is required to approve all
Consultant selections. WHAT ACTION
ACCOMPLISHES: Provides the County with several consultants on
contract that can provide professional mapping & surveying services. (#20021073-Public Works) |
|||||
|
3. |
COUNTY COMMISSIONERS |
||||
|
4. |
COMMUNITY DEVELOPMENT |
||||
|
5. |
HUMAN SERVICES |
||||
|
|
ACTION
REQUESTED: Approve Program
Amendments to Lee County's HUD CDBG Program for HUD Fiscal Year 2000,
2001 activities and authorize the Chairman to sign the HUD Transmittal Letter
and sub recipient contracts if any. WHY ACTION
IS NECESSARY: HUD regulations and the County Administrative Code
15-2 require Board approval for significant HUD CDBG Program amendments WHAT ACTION
ACCOMPLISHES: Allows for reallocation of funds to prioritized
activities. (#20021085-Human
Services) |
||||
|
6. |
INDEPENDENT |
||||
|
|
ACTION REQUESTED: Adopt revisions to the following Lee County
Policies: Drugs and Alcohol in the
Workplace (#205), Hiring (#301), Probationary Period (#304), Transfer (#305),
Promotion (#306), Bereavement & Civic Duty Leaves (#406) & Direct
Bonus Program (#506). Adoption of the
resolution to amend Administrative Code 6-1. WHY ACTION IS NECESSARY: Brings current policies up to date and unifies
provisions. WHAT ACTION ACCOMPLISHES: Updates policies that did not meet the needs of
the organization and brings unified policies into effect. (#20020823-Human Resources) |
||||
|
|
ACTION
REQUESTED: Approve purchase of Parcel 125, Lee Boulevard Four
Laning, Project No. 4057, 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 permanent right of access to construct
and maintain stormwater drainage facilities, including the installation of
pipe. (#20020994-County Lands) |
||||
|
7. |
PUBLIC SAFETY |
||||
|
|
ACTION
REQUESTED: Approval to remove account balances for Fiscal
Year 95 and back considered uncollectible for Lee County EMS in the amount of
$212,435.34. The figure represents 2%
of bad debt accounts turned over for collections to Professional Adjustment
Corporation. WHY ACTION
IS NECESSARY: Action reduces the accounts receivable balance to
reflect actual anticipated collections. WHAT ACTION
ACCOMPLISHES: Action adjusts accounts receivable balance to
reflect actual anticipated collections.
(#20021051-EMS) |
||||
|
|
ACTION REQUESTED: Approve and execute an Interlocal Agreement
between Lee County, the North Fort Myers Fire Control and Rescue Service
District, and the Buccaneer Estates Mobile Home Park. WHY ACTION IS NECESSARY: The Agreement provides for the North Fort Myers
Fire and Rescue Service District and the Buccaneer Estates Mobile Home Park
to join in partnership with the County in providing staff to operate J. Colin
English Elementary School as an emergency public shelter. WHAT ACTION ACCOMPLISHES: Provides shelter management staff for a County
operated emergency public shelter in the event that this facility is needed
for sheltering. (#20021086-Emergency
Management) |
||||
|
8. |
SOLID WASTE-NATURAL
RESOURCES |
||||
|
|
ACTION REQUESTED: Approve Change Order No. 1 with Lodge
Construction, Inc., under contract #1742 (RFQ-01-04 COUNTYWIDE CONTINUING
CONTRACT FOR CONSTRUCTION MANAGEMENT) Lee/Hendry Disposal Facility Operations
& Maintenance Building, to increase the Guaranteed Maximum Price (GMP) in
the amount of $70,000.00, for a revised total GMP (Guaranteed Maximum Price)
of $992,249.00 (which includes the CM fee of $56,165.00). WHY ACTION IS NECESSARY: To correct the amount of the Guaranteed Maximum
Price from $922,249.00 to $992,249.00.
And pursuant to Lee County Contract Manual, approved on September 25,
2001, Board approval is required for Change Orders in excess of $50,000.00. WHAT ACTION ACCOMPLISHES: Provides for the correct amount of the Guaranteed
Maximum Price (GMP) for this project.
(#20021045-Solid Waste) |
||||
|
9. |
TRANSPORTATION |
||||
|
10. |
UTILITIES
|
||||
|
|
ACTION
REQUESTED: Approve the award of Formal Request for Quotation No.: Q-0200081
Water, Sewer, & Irrigation Materials, Annual Purchase for the purchase of underground
parts and related items on an as needed basis for Lee County Utilities to the
lowest, responsive, responsible vendor, Ferguson Waterworks for the section
prices listed on the attached Lee County Tabulation Sheet. The initial term of award is for five
years and authority is requested to renew this quote for one additional
five-year period, upon mutual agreement of both parties. Price escalation/de-escalation clause
allows for price increases with documentation after 365 days and each 30-day
period thereafter; across the board decreases are subject to implementation
at any time. Funding will come from
the individual department or division’s budget whom will be responsible for
monitoring their individual expenditures. WHY ACTION
IS NECESSARY: Pursuant to the Lee County Payment and Procedures
Manual, expenditures for these products necessitates the use of a formal
written quotation as outlined within Section 9. WHAT ACTION
ACCOMPLISHES: Establishes competitive prices for the purchase of
these products to be utilized on an as needed, when needed basis for Lee
County Utilities.
(#20021100-Utilities) |
||||
|
11. |
PARKS AND RECREATION |
||||
|
12. |
COUNTY ATTORNEY |
||||
|
|
ACTION REQUESTED: Direct a non-emergency ordinance creating the
Laguna Lakes Community Development District to public hearing on November 26,
2002 at 5:00 p.m. WHY ACTION IS NECESSARY: Transeastern Laguna Lakes LLC has petitioned the
Board to establish the Laguna Lakes Community Development District. WHAT ACTION ACCOMPLISHES: Allows response to the petition by providing a
forum to evaluate the appropriateness of the request. (#20021079-County Attorney) |
||||
|
13. |
HEARING EXAMINER |
||||
|
14. |
PORT AUTHORITY |
||||
|
15. |
CONSTITUTIONAL OFFICERS |
||||
|
|
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). (#20021101-Clerk of
Courts) |
||||
ADMINISTRATIVE
AGENDA
October
8, 2002
|
1. |
COUNTY ADMINISTRATION |
||
|
2. |
CONSTRUCTION AND DESIGN |
||
|
3. |
COUNTY COMMISSIONERS |
||
|
4. |
COMMUNITY DEVELOPMENT |
||
|
5. |
HUMAN SERVICES |
||
|
6. |
INDEPENDENT |
||
|
7. |
PUBLIC SAFETY |
||
|
8. |
SOLID WASTE-NATURAL
RESOURCES |
||
|
9. |
TRANSPORTATION |
||
|
|
ACTION
REQUESTED: Approve Locally Funded Agreement and Memorandum of
Agreement with FDOT to advance fund the design for improvements to US 41 from
Corkscrew Road to San Carlos Boulevard, and approve authorizing resolution
for Chairman to execute agreements.
Also, approve transfer from Gas Tax Reserves in the amount of $1.7
million and amend FY 03-07 Capital Improvement Program. WHY ACTION
IS NECESSARY: BOCC approval required for agreements and
amendments to CIP. WHAT ACTION
ACCOMPLISHES: Allows FDOT to proceed with six-lane design of the
last four-lane segment of south US 41 two years earlier than scheduled. (#20021063-Transportation) |
||
|
10. |
UTILITIES |
||
|
11. |
PARKS AND RECREATION |
||
|
12. |
COUNTY ATTORNEY |
||
|
|
ACTION REQUESTED: Approve settlement in Lee
County v. Suzanne Huber, et al., Case No.: 99-406 CA (P1421/Espinal). WHY ACTION IS NECESSARY: To conclude case WHAT ACTION
ACCOMPLISHES: Settles all claims for
condemnation of Parcel 1421.
(#20021090-County Attorney) |
||
|
13. |
HEARING EXAMINER |
||
|
14. |
PORT AUTHORITY |
||
|
15. |
CONSTITUTIONAL OFFICERS |
||
APPEALS
AGENDA
October
8, 2002
Deny request for a rehearing of the Board’s decision in Zoning Case No. DCI2001-00063 for an amendment to the Legends RPD.
WHY ACTION IS NECESSARY:
Lee County Land Development Code Section (LDC) 34-84(a) allows aggrieved parties to file a written request for a public rehearing by the Board for a modification or recision of decisions made in zoning actions.
WHAT ACTION ACCOMPLISHES:
Allows Board to consider whether a rehearing is warranted on the basis of new evidence or points of law or fact that may have been overlooked or understood in the Board’s previous ruling. (#20021025-Zoning)
PUBLIC AGENDA
OCTOBER 8, 2002
|
5:00
PM |
|||
|
Public
Hearing |
|||
|
|
ACTION REQUESTED: Adopt a resolution on Petition VAC2002-00010
vacating a platted six-foot (6') wide drainage easement located along the
eastern side of lot 7, Block S, Unit 1, a subdivision of Fort Myers Beach
Kampground; as recorded in Plat Book 35, Pages 47-49 of the official Public
Records of Lee County, Florida LESS and EXCEPT the North
fifteen (15') feet thereof and remaining subject to any existing platted
utility easements. WHY ACTION IS NECESSARY: To construct a residential structure. 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: Vacates the easement. (#20021087-Development Services) |
||
|
Public
Hearing (Continued from 09-10-02) |
|||
|
|
ACTION
REQUESTED: Conduct a Public Hearing and adopt a Resolution to
create the Country/Triple Crown Court Waterline MSBU. Approve related budget amendment and
Resolution of Intent to Reimburse. WHY ACTION
IS NECESSARY: Public Hearing is a legal requirement in the
consideration of the creation of a Municipal Services Benefit Unit. WHAT ACTION
ACCOMPLISHES: Provides an opportunity of public input. Satisfies the legal requirements of the
Florida Statutes and County Ordinance to proceed with the acquisition and
construction of an MSBU project.
(#20020862-MSTBU Services) |
||
|
Public
Hearing |
|||
|
|
ACTION
REQUESTED: Conduct first public hearing on proposed extension
of Communication Tower Interim Ordinance (Lee County Ordinance No.
01-20). After public hearing, direct
the extension ordinance to the second public hearing on October 22, 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
extension of Communication Tower Interim Ordinance (Lee County Ordinance No.
01‑20) to May 1, 2003.
(#20021097-County Attorney) |
||
|
5:05
PM |
Public
Presentation of Matters by Citizens |
||
|
|
Adjourn |
||