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

 

May 6, 2003

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:

Father Bob Hennagin

St. Hilary’s Episcopal Church

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

 

 

·   

National Military Appreciation Month Resolution

 

 

(Commissioner Janes-#20030506)

 

 

·   

Florida State Parks Month Resolution

 

 

(Commissioner Janes-#20030507)

 

 

·   

Elder Law Month Resolution

 

 

(Commissioner St. Cerny-#20030508)

 

 

·   

Civility Month Resolution

 

 

(Commissioner Judah-#20030509)

 

 

·   

Safe Boating Week Resolution

 

 

(Commissioner Albion-#20030510)

 

 

·   

Safe Kids Week Resolution

 

 

(Commissioner Coy-#20030511)

 

 

 

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

CONSENT AGENDA

May 6, 2003

 

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Request Board of County Commissioners to adopt a resolution authorizing the borrowing of up to $250,000 from the Tax Exempt Commercial Paper Program for the Bal Isle Drive MSBU and approve budget amendment and transfer.

WHY ACTION IS NECESSARY:

MSBU projects must be included in a resolution prior to funding the improvements with Commercial Paper.

WHAT ACTION ACCOMPLISHES:

Approval of the resolution allows for specific draws on the credit line to be made to provide construction funds.  (#20030498-Budget Services)

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Accept a petition VAC2003-00012 to vacate a twelve-foot Public Utility Easement centered on the common lot line between lots 1 and 2, Kingsbridge Subdivision and adopt a Resolution setting a Public Hearing for 5:00 p.m. on the 27th day of May 2003.

WHY ACTION IS NECESSARY:

To construct a Single Family Home in the center of the two lots.  The vacation of the public utility easement will not alter existing utilities and the easement is not necessary to accommodate any future utility requirement.

WHAT THE ACTION ACCOMPLISHES:

Sets the time and date of the Public Hearing.  (#20030487-Development Services)

 

 

(b)

ACTION REQUESTED:

Execute a grant award agreement between Habitat for Humanity and Lee County for $177,645 in SHIP funds to be expended by June 30, 2003 for the construction of eight single-family homes for low-income persons.  Cancel the following three contracts with LARC for a total of $177,645 in SHIP funds for the construction of a group home for persons with developmental disabilities: Contract C-2403 for $6,109; Contract C-1699 for $40,000 and Contract C-1591 for $131,536 Direct staff that future SHIP applications from LARC to construct a group home will be given priority to assure future funding.

WHY ACTION IS NECESSARY:

Staff does not believe that LARC can complete this project by May 30, 2003.  To stay in compliance with SHIP regulations funds must be expended by June 30, 2003 and Habitat is capable of doing this.

WHAT ACTION ACCOMPLISHES:

Assures that SHIP funds are expended in timely fashion.  (#20030504-Planning)

 

5.

HUMAN SERVICES

 

 

(a)

ACTION REQUESTED:

Approve award of Quotation # Q-030303, Indigent Funerals and Cremations, for the Human Services Department, to the overall low quoter who met all specification requirements, Harvey-Engelhardt-Metz Funeral Home & Crematory, for the prices as listed on the Lee County Tabulation Sheet, to include Option “A” & “B”, for a period of one year.  Also request authority to renew this quote for four additional one-year periods, upon mutual agreement of both parties.  For general information, it is estimated that about $88,000.00 will be spent the first year of the quote for indigent funerals and cremations.

WHY ACTION IS NECESSARY:

To establish a formal agreement with a firm to provide indigent funeral and cremation services for the Human Services Department.

WHAT ACTION ACCOMPLISHES:

Establishes a competitive, fair market price for indigent funeral and cremation services for the Human Services Department.  (#20030422-Human Services)

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Execute agreement between Lee County Library System and Baker & Taylor for the adult portion of the Lakes Regional Library opening day collection.

WHY ACTION IS NECESSARY:

All agreements over $50,000 must be signed by the BOCC.

WHAT ACTION ACCOMPLISHES:

Allows Library to proceed with ordering materials for the Lakes Regional Library opening day collection.  (#20030451-Library)

 

 

(b)

ACTION REQUESTED:

Approve the acquisition of Parcel 137, for the Veronica S. Shoemaker Boulevard (formerly Palmetto Avenue) Extension Project No. 4073, pursuant to the terms and conditions 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 voluntary acquisition of property thus avoiding the Board’s need to exercise its power of Eminent Domain.  (#20030449-County Lands)

 

 

(c)

ACTION REQUESTED:

Approve the acquisition of a Perpetual Access and Maintenance Easement Grant (North Easement), and a Perpetual Access, Maintenance and Landscape Easement Grant (South Easement), which are necessary to clear and maintain the Waterway Water Treatment Plant property boundary and to provide access to the facility, pursuant to the terms and conditions set forth in the respective Easement Grants; authorize the Chairman on behalf of the Board of County Commissioners to sign the Easement Grants; authorize the payment of the necessary costs to close: authorize the Division of County Lands to handle and accept all documentation necessary.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Approval of the Requested Motion will provide for the acquisition of two easements abutting the north and east sides of the County’s Waterway Water Treatment Plant.  (#20030464-County Lands)

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Authorize Chairman to sign award letter as an amendment to the Emergency Management Preparedness and Assistance (EMPA) Base Grant Agreement #03BG-04-09-46-01-036 with the Florida Department of Community Affairs to increase contract by $55,236.  Approve Budget Resolution to increase contract amount by $55,236 that brings total contract amount to $158,432.

WHY ACTION IS NECESSARY:

Contract amendments must be Board approved.

WHAT ACTION ACCOMPLISHES:

Provides additional funding to offset performing work items required by or to be consistent with federal and state goals and objectives.  (#20030492-Emergency Management)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Execute Agreement No. C-15432 with the South Florida Water Management District (SFWMD) for Water Table Monitoring Network Improvement.  The total two-year project cost is $540,000.00 including the District’s contribution of $240,000.00 with a $300,000.00 cost share by Lee County.  Approve Budget Transfer from SFWMD Grant (Project 208534) to Water Table Monitoring Network Improvement (Project 208582) of $200,000.00 in expenses and $100,000.00 in grant revenue for the current fiscal year and amend the FY02/03-06/07 CIP accordingly.

WHY ACTION IS NECESSARY:

Board approval is required for all contracts and amendments to the CIP.

WHAT ACTION ACCOMPLISHES:

Provides cost sharing mechanism to update the ground water monitoring network in Lee County.  (#20030494-Natural Resources)

 

 

(b)

ACTION REQUESTED:

Approve waiving the formal process for BW-03-06 for Transporting Solid Waste from the WTE to the Lee/Hendry landfill and approve a Purchase Order with the existing Contractor, Bulk Express, Inc. for a total annual sum of $145,000.00/per year, with a contract period of one (1) year (April 17, 2003 through April 16, 2004) with an option of renewal for one (1) additional 12-month period.  Additional funds are not needed.

WHY ACTION IS NECESSARY:

In accordance with the Lee County Contract Manual, approved by the Board on September 25, 2001, Bid Waivers and expenditures over $50,000.00 require Board approval.

WHAT ACTION ACCOMPLISHES:

Retains an additional transport trucking company to supplement services required during semi-annual scheduled maintenance outages at the WTE.  During this period, excess solid waste must be transferred to the landfill in Hendry County.  It is not practicable for the County’s normal SW transport company to supply additional trucks during these periods.  (#20030497-Solid Waste)

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve the Landscape Installation and Maintenance Agreement between Lee County and the following property owners: Rookery Pointe LC, Estero Golf Resort LLC, Estero Land Holdings LLC, Cascades by Levitt and Sons LLC, James A. Bernet or Assigns, Paul H. Freeman Trustee, and Richard K. Bennett Trustee. Authorize the Chairman to execute the agreement on behalf of the BOCC.

WHY ACTION IS NECESSARY:

The Board must approve the agreement and authorize the Chairman to sign it in order for the document to become fully executed.

WHAT ACTION ACCOMPLISHES:

Provides an agreement that establishes the landscape installation and maintenance responsibilities for Koreshan Boulevard between Three Oaks Parkway and U.S. 41.  (#20030224-Transportation)

 

 

(b)

ACTION REQUESTED:

Request Board approve Change Order No. 1 for Countywide Resurfacing project in the amount of $241,408.00.

WHY ACTION IS NECESSARY:

Board approval required on Change Orders over $50,000.00.

WHAT ACTION ACCOMPLISHES:

Enables Lee County DOT to pave additional scheduled roads for the low asphalt price of $36.80 per ton.  (#20030496-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve construction of a 6” diameter force main extension serving Cypress Woods RV Resort.  This is a Developer contributed asset and the project is located on the north side of Luckett Road approximately 1.5 miles east of I-75.

WHY ACTION IS NECESSARY:

The off-site improvements are necessary to accommodate additional flows for the future phases of this RV. Park.

WHAT ACTION ACCOMPLISHES:

Provides adequate infrastructure to support the construction of the remaining phases of this project.  (#20030390-Utilities)

 

11.

PARKS AND RECREATION

 

 

(a)

ACTION REQUESTED:

Approve and sign Busing Agreement and Assumption of Liability Agreement between Lee County and the Lee County School Board.

WHY ACTION IS NECESSARY:

To provide for the transportation of children in the 2003 Summer Recreation Day Camp program to be able to go on field trips.

WHAT ACTION ACCOMPLISHES:

Provides campers the opportunity to travel to various historical sites, nature centers, etc. to enrich their learning experiences.  (#20030478-Parks and Recreation)

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Approve a Disclosure and Waiver of Conflicts of Interest Letter from the law firm of Holland & Knight.  A conflict of interest could potentially arise out of the representation by Holland & Knight LLP of Primeco Personal Communications, Limited Partnership d/b/a Verizon Wireless ("Verizon Wireless”) and/or its affiliates on a communications matter.

WHY ACTION IS NECESSARY:

Board approval is required to waive potential conflicts of interest.

WHAT ACTION ACCOMPLISHES:

Allows Holland & Knight to represent Verizon Wireless in connection with Verizon’s location of a communication facility at 10501 FGCU Boulevard.  (#20030490-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).  (#20030491-Clerk of Courts)

 

 

ADMINISTRATIVE AGENDA

May 6, 2003

 

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve the purchase of Parcel 206, located at the northwest corner of Nalle Road and Nalle Grade Road in North Fort Myers, for the Conservation 2020 Land Acquisition Program, Project No. 8800, in the amount of $1,625,600.00, 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 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:

The acquisition of one of the properties recommended by the Conservation Land Acquisition and Stewardship Advisory Committee and approved for acquisition on Blue Sheet No. 20020624 for Conservation 2020 Program.  (#20030406–County Lands)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve the recommendation of the County’s traffic engineering consultant and staff for access management on Bonita Beach Road (between Oakland Drive and Imperial Street) that would install a new traffic signal on Bonita Beach Road at Quinn Street; configure the median opening at Downs Avenue/Home Depot Access to only allow left- turn movements from Bonita Beach Road to the north and south; and, allow an opening in the median at the eastern access point of the Flamingo Flea Market to only permit a southbound left-turn onto Bonita Beach Road.  Additionally, approve the recommendation that a traffic signal can be installed at the eastern access point of the Flamingo Flea Market provided that the parties involved in ownership or management pay all costs for the design and construction of the traffic signal.

WHY ACTION IS NECESSARY:

At the Joint Meeting of the Board of County Commissioners and the Bonita Springs City Council, the Board of County Commissioners asked that these issues be brought back to a regular Board of County Commissioner’s meeting for consideration.

WHAT ACTION ACCOMPLISHES:

Establishes an access management plan for Bonita Beach Road from Imperial Boulevard to Oakland Drive to be used in conjunction with the planned widening of Bonita Beach Road.  (#20030310-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve Bid Waiver # W-030417 to waive the formal quoting process – and accept four (4) quotes obtained on an informal basis – to allow Lee County Utilities to purchase an IBM Model 810 server from Orcom at the competitively quoted best price of $87,052.00.  Authority is also requested to expend the funds necessary for the annual maintenance and support costs for the life of the system (at current prices, annual maintenance costs would be approximately $5,000.00).  Also approve the expenditure of a not-to-exceed amount of $5,000.00 for such incidentals as minor software, miscellaneous hardware, overnight delivery service, etc.  A bid waiver has been requested due to time constraints - Utilities has outgrown its present server and must have this larger server on-line as soon as possible to accommodate a continually growing customer base.

WHY ACTION IS NECESSARY:

According to Section 9.4.1 of the Lee County Purchasing & Payment Procedures Manual, approved by the Board on 7/9/02, purchases over $50,000.00 must be approved by the Board.

WHAT ACTION ACCOMPLISHES:

The faster processing speed and additional disk space provided by the Model 810 will allow Utilities to keep up with continued software enhancements and growth in the numbers of customers served in the Lee County and GES areas.  (#20030396-Utilities)

 

 

(b)

ACTION REQUESTED:

Approve Bid Waiver # W-030452 to waive the formal quoting process – and accept three (3) quotes obtained on an informal basis – to allow Lee County Utilities to rebuild and recondition the Belt Klampress located at the Fort Myers Beach Wastewater Treatment Plant.  The work will be done by Johnson Environmental Services at the competitively quoted best price of $72,500.00.  Authority is also requested to expend a not-to-exceed amount of $10,000.00 to cover freight costs (which are still to be determined).  Also approve the expenditure of a not-to-exceed amount of $10,000.00 to hire a third party crane service to remove and reinstate the unit.  A bid waiver has been requested due to time constraints – this work needs to be completed quickly during the low peak season WHY ACTION IS NECESSARY:

According to Section 9.4.1 of the Lee County Purchasing & Payment Procedures Manual, approved by the Board on 7/9/02, purchases over $50,000.00 must be approved by the Board.

WHAT ACTION ACCOMPLISHES:

Allows Utilities to have this work performed during the low peak season when raw sewage flows are at their minimum.  (#20030433-Utilities)

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS