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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 |
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Donald D. Stilwell, County Manager |
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James
G. Yaeger, County Attorney |
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May 6, 2003 |
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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
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Invocation: |
Father
Bob Hennagin |
St.
Hilary’s Episcopal Church |
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Pledge
of Allegiance |
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Presentations: |
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(Commissioner
Janes-#20030506) |
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(Commissioner
Janes-#20030507) |
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(Commissioner
St. Cerny-#20030508) |
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(Commissioner
Judah-#20030509) |
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(Commissioner
Albion-#20030510) |
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(Commissioner
Coy-#20030511) |
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Recap |
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Public
Comment on the Consent and Administrative 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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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 |
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May
6, 2003
1. |
COUNTY ADMINISTRATION |
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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) |
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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 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) |
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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) |
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5. |
HUMAN SERVICES |
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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) |
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6. |
INDEPENDENT |
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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) |
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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) |
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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) |
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7. |
PUBLIC SAFETY |
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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) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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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) |
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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) |
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9. |
TRANSPORTATION |
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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) |
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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) |
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10. |
UTILITIES
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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) |
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11. |
PARKS AND RECREATION |
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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) |
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12. |
COUNTY ATTORNEY |
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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) |
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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). (#20030491-Clerk of
Courts) |
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May
6, 2003
1. |
COUNTY ADMINISTRATION |
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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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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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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) |
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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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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) |
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10. |
UTILITIES |
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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) |
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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) |
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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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