|
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 |
||
December 17, 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 |
|
|
|
|
|
|
|
||
|
|
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 |
|||
|
|
|
|||
|
ACTION
REQUESTED: Presentation
by Carol Wehle, South Florida Water Management District Department Director
for Southwest Florida Issues, on watershed initiatives for Charlotte Harbor,
Caloosahatchee River and Estero Bay.
The presentation is to take place immediately after County Attorney
items on the regularly scheduled agenda.
(#20021399-Smart Growth) |
||||
|
|
|
|||
|
|
Adjourn |
|||
CONSENT
AGENDA
December
17, 2002
|
1. |
COUNTY ADMINISTRATION |
||||
|
|
ACTION
REQUESTED: Approve and authorize Chairman to execute the
interlocal agreements between the Lee County and the City of Cape Coral. WHY ACTION
IS NECESSARY: The Board of County Commissioner must approve all
agreements. WHAT ACTION
ACCOMPLISHES: Provides a mechanism for reimbursement of Tourist
Development Council approved projects utilizing the TDC beach and shoreline
funds. (#20021342-VCB) |
||||
|
|
ACTION
REQUESTED: Approve and authorize Chairman to execute the
interlocal agreements between the Lee County and the City of Sanibel. WHY ACTION
IS NECESSARY: The Board of County Commissioner must approve all
agreements. WHAT ACTION
ACCOMPLISHES: Provides a mechanism for reimbursement of Tourist
Development Council approved projects utilizing the TDC beach and shoreline
funds. (#20021346-VCB) |
||||
|
|
ACTION
REQUESTED: Approve and authorize Chairman to execute the
interlocal agreements between the Lee County and the Florida Department of
Environmental Protection, Division of Recreation and Parks, Lovers Key State
Park. WHY ACTION
IS NECESSARY: The Board of County Commissioner must approve all
agreements. WHAT ACTION
ACCOMPLISHES: Provides a mechanism for reimbursement of Tourist
Development Council approved projects utilizing the TDC beach and shoreline
funds. (#20021368-VCB) |
||||
|
2. |
CONSTRUCTION AND DESIGN |
||||
|
|
ACTION
REQUESTED: Award B-03-01 ANNUAL CONTRACT FOR CHILLER
MAINTENANCE, to the lowest responsive, responsible bidder meeting all bidding
requirements, Comfort Systems USA/FLA, to include the annual/monthly service
lump sum totals, and Eddy Current Test amounts for a total annual contract
amount of $91,856.00. This contract
will be in effect for one (1) year with the option of being renewed for four
(4) additional one (1) year periods (renewed annually) for a possible total
term not-to-exceed five (5) years, upon mutual agreement of both parties, and
under the same terms and conditions as this contract. Also, accept the Consumer Price Index
Adjustment, for this project, with pricing increases to be annually beginning
with the billing for the month of October. WHY ACTION
IS NECESSARY: Pursuant to Administrative Code AC-4-4 Lee County
Contract Manual for Construction Projects, approved by the Board on April 21,
1993, construction projects estimated to be over level four authorization
will be executed the formal advertised sealed bid procedure. WHAT ACTION
ACCOMPLISHES: Annual service contract for the preventative
maintenance and repair of chillers at the Lee County Administration
Building/Old Courthouse, Justice Center, Constitutional Complex, Public Works
Building, DOT Billy Creek, East County Regional Library, Fort Myers Main
Library, South County Regional Library, Jail Core Building, and Cape Coral Library. (#20021298-Facilities Management) |
||||
|
3. |
COUNTY COMMISSIONERS |
||||
|
4. |
COMMUNITY DEVELOPMENT |
||||
|
|
ACTION
REQUESTED: Authorize the Chairman to execute an extension
from December 31, 2002 to May 30, 2003 for Contracts C-1591 and C-1699
between the Board of County Commissioners, Lee County and the LARC, Inc. WHY ACTION
IS NECESSARY: This contract extension is technical in nature and
will allow LARC to complete its contractual obligation with the county. WHAT ACTION
ACCOMPLISHES: Allows the County to extend the grant award
agreement with the grant recipient (LARC) who will use the money for
construction of affordable housing.
(#20021409-Planning) |
||||
|
|
ACTION REQUESTED: Accept a Petition VAC2002-00048 to vacate a twelve
foot (12') wide public utility easement located six feet (6') to each side of
the lot line separating lots 1 and 2 of Block 54; Unit 6 of Lehigh Acres
Subdivision, less and except for the front and rear six feet thereof; and
adopt a resolution setting a public hearing for 5:00 p.m. on the 14th
day of January 2003. WHY ACTION IS NECESSARY: To construct a residential structure spanning both
lots. 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: Sets the date for Public Hearing. (S29-T44S-R26E) (#5)
(#20021393-Development Services) |
||||
|
5. |
HUMAN SERVICES |
||||
|
6. |
INDEPENDENT |
||||
|
|
ACTION REQUESTED: Declare the County’s desire to accept donation of
a State owned parcel of land in Section 1, Township 44 South, Range 24 East,
Strap No. 01-44-24-00-00018.0010 consisting of approximately 47 acres; accept
donation of the property; 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: Declares Lee County’s intention to accept donation
of State owned lands and authorizes staff to complete the transaction. (#20011321-County Lands) |
||||
|
|
ACTION REQUESTED: Authorize the Division of County Lands to make a binding offer to property owner in the amount of $18,200.00, for Parcel 111 and 111DE, Palmetto Extension, Project No. 4073, 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. (#20021358-County Lands) |
||||
|
|
ACTION REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $26,400.00, for Parcel 112
and 112DE, Palmetto Extension, Project No. 4073, 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
(#20021359-County Lands) |
||||
|
|
ACTION REQUESTED: Accept the donation of Parcels 101, 102, 110, 111,
113, 119, 121, 123, 124, 135, 149, 152, 153 and 154, perpetual waterline
utility easements, which are necessary to provide and maintain essential
municipal service, facilities and improvements in accordance with the Cottage
Point Waterline Municipal Service Benefit Unit; authorize the Division of
County Lands to handle and accept all documentation necessary; authorize
payment of recording fees. WHY ACTION IS NECESSARY: The Cottage Point MSBU project plan requires the
perpetual easements to install the waterline improvements in the existing
roads and roadways. WHAT ACTION ACCOMPLISHES: Approval of the Requested Motion will provide for
the acquisition of the donated property interests by Grant of Perpetual Public
Waterline Utility Easement from the benefited property owners. (#20021375-County Lands) |
||||
|
|
ACTION
REQUESTED: Authorize the creation of a new position for
education and promotion for Animal Services to be funded through $1 from the
sale of each license. WHY ACTION
IS NECESSARY: Demand for services has exceeded the ability to
provide the services to the community with only one education/promotion
employee. WHAT ACTION
ACCOMPLISHES: Increases the service to the community–meeting the
demand for education related to animal care and pet overpopulation. (#20021396-Animal Services) |
||||
|
|
ACTION REQUESTED: Approve establishment of budget in four new funds
set up for the new Aetna health plan. Funds are for health, dental, flexible
spending account (FSA) for medical reimbursement and FSA for dependent
care. Approve interfund budget
transfers as budgeted to move budget from the current funds (57600 and 57601)
for medical and dental activity with Florida 1st to these new
funds. Also, approve claims funding pursuant
to F.S. 136.091. Authorize up to 1/12 of the expected claims for payments to
Aetna for claims prior to receipt of the claims reports which will be
reconciled on a monthly basis. WHY ACTION IS NECESSARY: This action is necessary to set up the accounts
for the Aetna Insurance Company, which will be our new Health/Dental carrier
effective January 1, 2003. WHAT ACTION ACCOMPLISHES: This creates and puts in place the necessary
financing, accounts and authorizations needed to be in place for the January
1, 2003 start of the Aetna health plan.
(#20021412-Human Resources) |
||||
|
|
ACTION REQUESTED: Approve addendum to the Amended Interlocal
Agreement between Lee County and the City of Cape Coral for increased animal
control services provided by Lee County Animal Services (“Animal
Services”). Authorize Commissioner’s
signature on the addendum. Approve
addition of one animal control officer to be funded with the additional
revenues from this addendum. Funding
will be available in account KL5620100100.501210. WHY ACTION IS NECESSARY: Board of County Commissioners approval is required
to amend the agreement with the City of Cape Coral for increased animal
control services provided by Animal Services. WHAT ACTION ACCOMPLISHES: Finalizes the Addendum to the Amended Interlocal
Agreement with City of Cape Coral.
(#20021410-Animal Services) |
||||
|
7. |
PUBLIC SAFETY |
||||
|
|
ACTION
REQUESTED: Authorize expenditures to the following vendors
not to exceed $361,853.00 toward down payment for purchase of an EC 145
Helicopter airframe construction.
Expenditures include a final 5% down payment of $185,950.00 to
American Eurocopter Corporation toward the purchase of the airframe. The remaining balance of $175,903.00
represents 10% of the purchase price of additional airframe options to be
distributed in the following manner:
A not to exceed amount of $110,333.00 to American Ecurocopter and an
estimated amount of $65,570.00 to Metro Aviation. WHY ACTION
IS NECESSARY: Expenditures over $100,000.00 must have Board
approval, according to Section 9.4.1 of the Lee County Purchasing and Payment
Procedures Manual. WHAT ACTION
ACCOMPLISHES: Completes the reserve agreement for new helicopter
purchase to augment the current Lee County EMS air ambulance unit by the year
2004. (#20021407-Emergency Medical
Services) |
||||
|
8. |
SOLID WASTE-NATURAL
RESOURCES |
||||
|
|
ACTION REQUESTED: Approve and authorize Chairman to sign Amendment
#2 to the Discarded Electronic Equipment Collection and Recycling Grant with
the Florida Department of Environmental Protection (HW467) for FY03. Also authorize necessary budget amendment
for FY03, in the amount of $25,000. WHY ACTION IS NECESSARY: The State requires certification that the person
signing the grant application possesses the authority to sign the amendment
on behalf of the County. Amendment #2 will increase the compensation amount
by $25,000 and extend the term until June 30, 2003. WHAT ACTION ACCOMPLISHES: Satisfies State guidelines for signature authority for amendments to State Grants and adjusts the Department’s budget for expending these grant funds. (#20021390-Solid Waste) |
||||
|
9. |
TRANSPORTATION |
||||
|
|
ACTION
REQUESTED: Approve Supplemental Task Authorization (STA) No.
6 to Hole Montes Inc. for CN-00-04
MISCELLANEOUS CIVIL ENGINEERING DESIGN AND/OR INSPECTION SERVICES (Contract
No. 1461) for Imperial Street Improvements Four Laning Bonita Beach Road to
East Terry Street in the amount of $96,668.00. 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: Will enable the Consultant to provide additional
work for Imperial Street improvements four-laning Bonita Beach Road to East
Terry Street.
(#20021313-Transportation) |
||||
|
|
ACTION
REQUESTED: Approve Memorandum of Agreement from the Florida
Department of Transportation for $1,500,000.00 interest free loan from the
Toll Facilities Revolving Trust Fund.
Also, approve Authorizing Resolution and Budget Amendment Resolution
for the Chairman to execute on behalf of the BOCC. Also, amend FY 03-07 Capital Improvement Program for partial
design of Span B & C in the Transportation Facilities. WHY ACTION
IS NECESSARY: Requires BOCC approval for agreements and
resolutions. WHAT ACTION
ACCOMPLISHES: Allows Department of Transportation interest free
money for the design of the Sanibel Island Causeway Improvements, Structures
B & C. (#20021343-Transportation) |
||||
|
|
ACTION
REQUESTED: Request Board accept the sole Letter of Interest
received from URS Corporation, for CN-02-30 GENERAL CONSULTANT TRAFFIC
ENGINEER FOR TRANSPORTATION FACILITIES AND BOND RELATED ISSUES, and authorize
negotiations to commence with this firm.
Further authorize Chairman on behalf of the Board to execute an
agreement for an amount not-to-exceed $120,000.00 ($60,000.00 Annually), with
a contract period of two (2) years with the option to renew under the same
terms and conditions for one (1) additional year. 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 selections. WHAT ACTION
ACCOMPLISHES: The consultant will on a continuing basis, review,
analyze and periodically report to the County on the County’s toll revenue
using data including revenue summaries and traffic reports routinely prepared
by the County. In addition, the
County may require the Consultant to conduct traffic surveying, origin and
destination studies, and facilities.
Further the Consultant may be required to provide expert testimony in
judicial or quasi-judicial proceedings regarding toll revenues and existing
or proposed revenue producing facilities.
(#20021340-Transportation) |
||||
|
|
ACTION
REQUESTED: Rescind award to Ryan, Inc. under B-00-18 ALICO
ROAD WIDENING, due to not meeting the bonding requirements. Authorize staff to rebid the Alico Road
Widening 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 rescind
any award once awarded by the Board. WHAT ACTION
ACCOMPLISHES: Allows the Department of Transportation to make
modifications to the existing plans to the Alico Road Widening and rebid at a
later date in January 3003.
(#20021369-Transportation) |
||||
|
|
ACTION
REQUESTED: Approval of the Service Provider Agreement between
Lee County and Florida Highway Patrol (FHP) for Florida Patrol Hireback Toll
Enforcement and Speed Enforcement in the maximum amount of $66,700.00, for
the initial annual term of October 1, 2002 thru September 30, 2004, as an
exemption by the Contracts Manual under Section 5 Unique Services. WHY ACTION
IS NECESSARY: In accordance with the Lee County Contracts
Manual, Section 5. Unique Services, Item 5.3 Exempt Services, services
exceeding $50,000.00 requires Board approval. WHAT ACTION
ACCOMPLISHES: Will allow for the continuation of law enforcement
services provided by the Florida Highway Patrol, during peak traffic periods
for a contract term of October 1, 2002 through September 30, 2004. (#20021376-Transportation) |
||||
|
|
ACTION
REQUESTED: Approve Supplemental Task Authorization No. 4 to
Contract #324, to Hole Montes Inc., for Alico Road Improvements, U.S. 41 to
I-75, for continuation of the project in the amount of $251,049.78 (with a
total amount for the project of $1,303,786.78). 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: Will enable the Consultant to continue with the
project known as Alico Road Improvements U.S. 41 to I-75. (#20021321-Transportation) |
||||
|
10. |
UTILITIES
|
||||
|
|
ACTION
REQUESTED: Approve the utilization of piggybacking from City
of Orlando, Bid # BI02-1660, for Sanitary Sewer Lining and Manhole
Rehabilitation to continue slip-lining approximately 6,896 LF, gravity sewer mains
within the Waterway Estates area in accordance with the recommendations from
the Final Inflow and Infiltration Report produced by The Source Inc., in the amount
of $200,000.00. WHY ACTION
IS NECESSARY: In accordance with the Lee County Contract Manual,
Section 5: Unique Services, 5.0 Piggybacking, the Board must approve all
piggyback services over $50,000.00. WHAT ACTION
ACCOMPLISHES: By allowing LCU to piggyback onto the City of Orlando’s
contract with Griner Pipeline Services at $29 per LF, will permit LCU to
prepare for the rainy season without further delay, to begin saving an
estimated $9,500 per year in operating costs, and reduce the amount of groundwater
inflow into our system by approximately 2.55 MGY. The above mentioned amount reflects a $2 per LF reduction in
cost over the previous City of Orlando contract for the same level of
service. (#20021383-Utilities) |
||||
|
|
ACTION REQUESTED: Authorize the Chairman, on behalf of the BOCC, to approve Approval of Subordination of Utility Interests Agreement and Resolution documents requested by Fl. Dept. of Transportation (FDOT). WHY ACTION IS NECESSARY: FDOT proposes acquiring additional Right-of-Way (ROW) for the U.S. Business 41 roadway improvement project. The proposed additional ROW includes certain existing Lee County Utilities (LCU) recorded utility easements. WHAT ACTION ACCOMPLISHES: Subordinates LCU’s interests to
FDOT at the specified property. LCU
will continue to have utility rights at this property, except now subject to
the control of FDOT.
(#20021386-Utilities) |
||||
|
11. |
PARKS AND RECREATION |
||||
|
12. |
COUNTY ATTORNEY |
||||
|
|
ACTION
REQUESTED: Direct consideration of a Resolution supporting
the establishment of the Cocohatchee Community Development District to public
hearing on January 14, 2003 at 5:00 p.m. WHY
ACTION IS NECESSARY: A Resolution adopted by the BOCC is the only means
of expressing support or objection to the granting of a petition to establish
a UCDD of greater than 1,000 acres. WHAT
ACTION ACCOMPLISHES: Supports the creation of an independent special
district that will provide an alternative method to manage and finance basic
services within the community development district. (#20021397-County Attorney) |
||||
|
|
ACTION REQUESTED: Approve and execute a Landscape Maintenance and
Hold Harmless Agreement between Lee County and the Villages at Country Creek
Master Association for the landscape restoration and maintenance of a portion
of the northerly side of Corkscrew Road, east and west of the main entrance
to Country Creek. WHY ACTION IS NECESSARY: The Board of County Commissioners must approve all
Agreements of this type. WHAT ACTION ACCOMPLISHES: Allows the Villages at Country Creek Master
Association to install and maintain the roadway landscaping improvements in
the County’s right-of-way.
(#20021394-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). (#20021371-Clerk of
Courts) |
||||
ADMINISTRATIVE
AGENDA
December
17, 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 |
||
|
|
ACTION REQUESTED: Consider adoption of a resolution confirming
support of the Board of County Commissioners for the expansion of the
County’s Solid Waste Energy Recovery Facility. WHY ACTION IS NECESSARY: Provides a document establishing information and
policy that can be distributed to regulatory agencies as necessary. WHAT ACTION ACCOMPLISHES: Allows the Solid Waste Division and the County’s
consultants to confirm the Board’s intention relative to the expansion
project to all affected regulatory agencies.
(#20021389-Solid Waste) |
||
|
9. |
TRANSPORTATION |
||
|
10. |
UTILITIES |
||
|
11. |
PARKS AND RECREATION |
||
|
12. |
COUNTY ATTORNEY |
||
|
13. |
HEARING EXAMINER |
||
|
14. |
PORT AUTHORITY |
||
CONVENE AS BOARD OF PORT COMMISSIONERS
|
|
ACTION
REQUESTED: Convene
as Board of Port Commissioners of the Lee County Port Authority to consider a
Resolution designating members of the Airports Special Management Committee
for Financial Interest and Filing requirements. (Port Authority) |
RECONVENE AS BOARD OF COUNTY COMMISSIONERS
|
15. |
CONSTITUTIONAL OFFICERS |