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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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April 2, 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: |
Father
Bob Hennigan |
St.
Hilary’s Episcopal Church |
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Pledge
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Presentation: |
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(Commissioner
Coy-#20020307) |
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(Commissioner
Albion-#20020308) |
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(Commissioner
St. Cerny-#20020309) |
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(Commissioner
St. Cerny-#20020310) |
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Recap |
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Public
Comment on the Consent and Administrative Agenda |
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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 |
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CONSENT
AGENDA
April
2, 2002
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1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Approve transfer of funds from tourist tax CIP
reserves in the amount of $45,000 to fund the replacement of the Tarpon Bay
dock at J.N. “Ding” Darling National Wildlife Refuge and amend FY 2001-02 / 2005-06 CIP budget to include this
project. WHY ACTION
IS NECESSARY: Board of County Commissioner approval is required
for all amendments to the CIP budget. WHAT ACTION
ACCOMPLISHES: Amends CIP budget and funds the project, allowing
work to begin immediately.
(#20020221-VCB) |
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ACTION
REQUESTED: Approve contract extension for a period of 1 year
with David Bennett, Courts and Correction Planning Consultant for
coordinating and implementing the Lee County Criminal Justice System Master
Plan. Contract will be from May 1,
2002 to April 30, 2003 for $48,000.
Authorize transfer of $48,000 from General Fund to Court
Administration. WHY ACTION
IS NECESSARY: The Board of County Commissioners approves all
contracts over $50,000. WHAT ACTION
ACCOMPLISHES: Approval will allow Court Administration to
continue the process to streamline handling felony cases in the effort to
reduce number of jail beds and to transfer funds from General Fund Reserve
for Contingencies for this effort.
(#20020266-County Manager) |
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ACTION REQUESTED: Present to the Board for information and filing
the Object Code #504015 Expenditure Report for the first quarter of FY01-02
(October through December 2001) WHY ACTION
IS NECESSARY: Lee County Ordinance #90-18 WHAT ACTION
ACCOMPLISHES: Allows Board to monitor expenditures being made by
County Departments and Divisions to this object code. (#20020287-County Manager) |
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ACTION
REQUESTED: Request BOCC to accept the 01-02 Indirect Cost
Plan and Indirect Federal Circular A-87 Cost Plan and Impact Fee
Administration Cost Report. Request
BOCC to approve indirect costs and authorize Finance to process the Indirect
Cost payments in the amount of $5,382,798. WHY ACTION
IS NECESSARY: Approve the cost reports to provide for payments
to the General Fund. WHAT ACTION
ACCOMPLISHES: Approved the Indirect Cost Plan and the amounts of
reimbursement to the General Fund.
(#20020296-Budget Services) |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION
REQUESTED: Approve First Addendum to lease agreement,
#C970416, with the Museum of the Islands Historical Society, which would
extend the term of the lease agreement from May 26, 2007 to May 26,
2017. All other terms and conditions
of the original lease agreement will remain in full force and effect. The lease can be terminated by giving 12
months notice. WHY ACTION
IS NECESSARY: Board must approve all lease agreements and
addendums to those agreements. WHAT THE
ACTION ACCOMPLISHES: Allows Museum of the Islands Historical Society to
remain in their current location for an extended length of time so they can
plan for future expansions of the facility, upon county approval, at their
own expense. (#20020288-Facilities
Management) |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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ACTION
REQUESTED: Accept a Petition VAC2002-00012 to Vacate a 12'
wide Public Utility and Drainage Easement common to Lots 8 & 9, Block 35,
Unit 8, Lehigh Acres, Florida, as recorded in Plat Book 26, Page 8, and adopt
a Resolution setting a Public Hearing for 5:00 p.m. on the 23rd
day of April, 2002. WHY ACTION
IS NECESSARY: To construct a single-family residence. The vacation of the Public Utility and
Drainage Easement will not alter existing utilities or drainage and the
easement is not necessary to accommodate any future utility or drainage
requirement. WHAT ACTION
ACCOMPLISHES: Vacates the Public Utility and Drainage
Easement. (#20020264-Development
Services) |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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ACTION REQUESTED: Approve the purchase of Parcel 1507, a vacant
non-waterfront property in Cape Coral, for the Veterans Memorial Parkway
Extension, Chiquita to Surfside, Project No. 5020, in the amount of
$5,900.00, pursuant to the terms and conditions as set forth in the Purchase
Agreement; authorize payment of necessary fees 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 property during the voluntary
phase of the project, thus avoiding the Board’s need to exercise its power of
Eminent Domain at a later date.
(#20020237-County Lands) |
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ACTION REQUESTED: Approve the purchase of Parcel 1558, a vacant
non-waterfront property in Cape Coral, for the Veterans Memorial Parkway
Extension, Chiquita to Surfside, Project No. 5020, in the amount of
$5,500.00, pursuant to the terms and conditions as set forth in the Purchase
Agreement; authorize payment of necessary fees 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 property during the voluntary
phase of the project, thus avoiding the Board’s need to exercise its power of
Eminent Domain at a later date.
(#20020238-County Lands) |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION
REQUESTED: Execute Florida Fish and Wildlife Conservation
Commission (FWC), Florida Boating Improvement Program (FBIP) Grant
Applications and supporting resolution requesting funds on behalf of the City
of Cape Coral for the Phase II Design Effort for the Chiquita Boat Lock. WHY ACTION
IS NECESSARY: FWC procedures require that applications for FBIP
projects be submitted by County governments. WHAT ACTION
ACCOMPLISHES: Requests grant funds to be used by City of Cape
Coral to conduct research, studies, planning or engineering to determine the
need for additional recreational boating access or improvements. (#20020291- Natural Resources) |
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ACTION REQUESTED: Approve Change Order No. 1 with ERC General
Contracting Services Inc., under contract #2022 (B-02-08) LEE/HENDRY LANDFILL
LEACHATE STORAGE POND (Northern Half), in the amount of $87,259.00, for a
revised total contract amount of $320,759.00. WHY ACTION IS NECESSARY: 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: To provide fueling for landfill operations
commencing in May 2002.
(#20020286-Solid Waste) |
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9. |
TRANSPORTATION |
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10. |
UTILITIES
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ACTION REQUESTED: Approve construction of a water main extension and
diameter gravity main extension serving Jacquelin
Bridals. This is a Developer contributed asset and the project is
located on the east side of the Technology Court Extension, approximately
500’ south of Six-Mile Cypress Parkway. WHY ACTION IS NECESSARY: To provide potable water and sanitary sewer
service to this proposed industrial building. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to support
development of the subject property and complies with the Lee County
Utilities Operations Manual.
(#20020172- Utilities) |
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ACTION REQUESTED: Approve construction of a water distribution
system, gravity collection system, 3 lift stations and a force main extension
serving Renaissance, Phases 1, 1A and 2. This is a Developer contributed
asset and the project is located on the north side of Daniels Parkway between
I-75 and Palomino Road. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to these phases of the proposed residential Development. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual.
(#20020182-Utilities) |
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ACTION REQUESTED: Authorize the Chairman, on behalf of the Lee
County Board of Commissioners, to sign the FDEP Underground Injection Control
Program Certificate of Financial Responsibility for the North Lee County WTP
Class I Injection Well, and related Monitoring Wells. WHY ACTION IS NECESSARY: The Florida Administrative Code, Rule
62-528.435(9) requires the Permittee to demonstrate and maintain financial
responsibility and resources necessary to enable the Permittee to close,
plug, and abandon the underground injection operation, if necessary. The amount of funds that is needed to be
available, should this action be necessary, is $294,688.00. WHAT ACTION ACCOMPLISHES: Enables Lee County Utilities to comply with the
permitting requirements necessary to construct the North Lee County WTP Test
Production Wells and Class I Injection Well.
(#20020280-Utilities) |
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11. |
PARKS AND RECREATION |
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ACTION
REQUESTED: Approve “Working Agreement” with the U.S. Department
of Agriculture, Natural Resources Conservation Service for the services of a
County employee Program Manager and approve Budget Amendment for an amount
not-to-exceed $59,260.00. WHY ACTION
IS NECESSARY: To provide funds for the Program Manager position
in the Lee Soil and Water Conservation Program. WHAT ACTION
ACCOMPLISHES: Assists in bringing about conservation, development and wise use of land, water and related resources in Lee County. (#20020253-Parks and Recreation) |
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ACTION
REQUESTED: Rescind previous award to Gardenmasters for their portion of Request for Proposal No.: P-010469 Athletic Turf Maintenance, Step Two on an Annual Basis, for Parks and Recreation and award to the next low quoter as the responsive, responsible bidder JSM Services, Inc. for the annual price per park as listed on the attached Lee County Tabulation Sheet, which totals $431,004.00 annually, excluding Hammond Stadium. Also, Lee County may, at their sole discretion, add or delete area locations at no change in the unit price of the work as long as the new sections are of a similar nature and the total change per contract area does not increase or decrease the original contract area by more than 15%. Lee County may, at their sole discretion, add new areas of dissimilar nature, based on a mutually agreed price, to be negotiated between the vendor and an authorized Lee County representative. Hammond Stadium will be added under the Lee County Sports Complex with a high maintenance schedule for an additional $30,000.00 per year; contract will have a grand total monthly cost of $38,417.00 or $461,004.00 annually. JSM Services, Inc. is required to supply a performance bond in the amount of 100% of the one-year contract amount within twenty-one calendar days from date of Written Notice of Award. The initial term of award is for three years, and authority is requested to renew this quote for two additional one-year periods, upon mutual agreement of both parties. 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, Section 9, the Board must authorize any projects over $50,000.01. WHAT ACTION
ACCOMPLISHES: Provides an annual contract for the fertilization,
weed and vegetation control, pest control, and the overall appearance of Lee
County’s athletic turf; enhances Park and Recreation’s privatization efforts
and decreases expenses for such maintenance as would normally require a
licensed pesticide applicator.
(#20020289-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). (#20020305-Clerk of
Courts) |
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ACTION REQUESTED: Approve Minutes for March
23, 1999 (Regular); December 7, 1999 (Regular); May 15, 2001 (Regular);
December 17, 2001 (Zoning); January 7, 2002 (Zoning); February 4, 2002
(Zoning); February 5, 2002 (Regular); February 26, 2002 (Zoning); and March
11, 2002 (Management & Planning).
(#20020306-Minutes) |
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ADMINISTRATIVE
AGENDA
April
2, 2002
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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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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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11. |
PARKS AND RECREATION |
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12. |
COUNTY ATTORNEY |
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ACTION REQUESTED: Approve the Amended Resolution of Necessity for
the acquisition and condemnation of Parcels 147, 150, 151, 152-C, 155, 159,
164, 190, 207 and 209/210, required for the Pondella Road Widening Project
No. 4656. WHY ACTION IS NECESSARY: The Board must formally approve the Amended
Resolution of Necessity prior to proceeding with condemnation of parcels
necessary for the project. WHAT ACTION ACCOMPLISHES: Allows the County to proceed with condemnation, if
necessary, so parcels can be acquired for the Pondella Road Widening Project,
No. 4656. (#20020239-County Attorney) |
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ACTION REQUESTED: Direct to Public Hearing revised Lee County
Lobbying Ordinance. WHY ACTION IS NECESSARY: Public Hearing is required to make ordinance
revisions. WHAT ACTION ACCOMPLISHES: Sets the matter for Public Hearing for April 23,
2002. (#20020274-County Attorney) |
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ACTION REQUESTED: Request approval of settlement offer and authorize
the Chairman to execute a Release of All Claims and Release for
Property Damage Only with MasTec, Inc. and MasTec North America, as part
of the County’s receipt of $10,000 in payment for property damage caused to
utilities at Luckett Road and Golden Lake on June 16, 1999. WHY ACTION IS NECESSARY: Board of County Commissioners’ approval required
for settlement offers and execution of Release of All Claims and Release
for Property Damage Only are required to complete the transaction with
MasTec, Inc. for their payment. WHAT ACTION ACCOMPLISHES: Releases MasTec, Inc. and its subsidiaries from any further liability to the County for a $10,000 payment to County due to damages caused to County utilities by Wilde Construction, Inc., a subsidiary of MasTec, Inc. (#20020273-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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