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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 16, 2002 |
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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
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9:30
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Invocation: |
Reverend
Philip Makari |
Chapel
by the Sea Presbyterian |
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Pledge
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Presentation: |
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(Commissioner
Coy-#20020349) |
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(Commissioner
St. Cerny-#20020350) |
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(Commissioner
Judah-#20020351) |
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(Commissioner
Janes-#20020352) |
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(George
Williams-#20020340) |
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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
16, 2002
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1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Approve the award of Project # EX020346, the
purchase of 426 Dell personal computers from Dell Marketing L.P. at the
Florida State Contract price of $498,588.00.
Also approve the expenditure of a not-to-exceed amount of $1,412.00
for such incidentals as overnight delivery service, emergency repair parts,
etc. Grand total: $500,000.00. WHY ACTION
IS NECESSARY: Section 11.0.3.1 of the Lee County Purchasing and
Payment Procedures Manual exempts “the purchase of equipment that has gone
through the Administrative Code Procedure, such as State Contracts or Federal
General Services Administration Schedules, providing the purchase, rental, or
lease amount does not exceed $50,000.00”.
As this expenditure will exceed $50,000.00, Board approval is
required. WHAT ACTION
ACCOMPLISHES: Authorizes the FY01-02 PC Refresh Program, which will replace 400 desktop and 26 laptop personal computers that have reached the end of their productive life cycle and are considered technically obsolete. These personal computers are part of the annual program designed to refresh County personal computers on a 5-year cycle. This program is intended to keep the County’s personal computers reasonably current; thus ensuring staff efficiency and avoiding large, unplanned expenses. (#20020271-County Manager)
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ACTION
REQUESTED: Authorize Chairman to execute loan documents with
SunTrust Bank for long term financing of Iona Shores and Rainbow Farms MSBU
Projects and authorize Budget Amendment Resolutions to reflect this
transaction. WHY ACTION
IS NECESSARY: Allow the implementation of Long Term Debt
Financing for the Iona Shores and Rainbow Farms MSBU Projects without
pledging the Non-Ad Valorem Debt Capacity of the County. WHAT ACTION
ACCOMPLISHES: Provides Private Placement Financing for the Iona Shores and Rainbow Farms MSBU Projects. (#20020109-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 VAC2001-00047 to vacate a
six-foot wide public utility easement along the southernmost six feet of the
rear of Lot 10, Block J, of PRINCIPIA Subdivision, as recorded in Plat Book
28, Page 43 of the official Public Records of Lee County, Florida less and
except for the east six feet thereof; and adopt a resolution setting a
public hearing for 5:00 p.m. on the 14th day of May, 2002. WHY ACTION IS NECESSARY To rectify a pool encroachment that has been in
place over twenty years and through several different property owners. 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. (#20020316-Development Services)
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5. |
HUMAN SERVICES |
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ACTION
REQUESTED: Add two new neighborhoods, Palmona Park and
Suncoast Estates, to the existing five Neighborhood Districts (Charleston
Park, Dunbar, Harlem Heights, Page Park and Pine Manor). Authorize
Commissioners to set up Local Neighborhood District Committees (LNDC) and
appoint representatives that are either residents of, own a business within,
work within or own property within the district. WHY ACTION
IS NECESSARY: To allow the creation of two new neighborhoods. WHAT ACTION
ACCOMPLISHES: Allows for the formation of a Local Neighborhood District Committee in each of the two new neighborhoods and allows representation from the LNDC to the Community Action Agency/NDC. (#20020355-Human Services)
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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 subrecipient 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. (#20020320-Human
Services) |
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(c) ACTION REQUESTED:
Approve budget resolution for State of Florida FY2002 Challenge Grants in the amount of $227,098 for the County fiscal year 2001-2002.
WHY ACTION IS NECESSARY:
To officially establish budget.
WHAT THE ACTION ACCOMPLISHES:
Allows the Department to accept a contract from the State of Florida and proceed with program activities and the execution of subrecipient contracts.
(#20020363-Human Services)
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6. |
INDEPENDENT |
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ACTION REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $30,600.00 for Parcel107,
Cypress Lake Drive Widening, Project No. 4064, pursuant to the terms and
conditions set forth in the Purchase Agreement; authorize Chairman 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: Making of binding offer to property owner as required by F.S. §73.015, as amended. (#20020301-County Lands)
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ACTION REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $3,100.00 for Parcel108,
Cypress Lake Drive Widening, Project No. 4064, pursuant to the terms and
conditions set forth in the Purchase Agreement; authorize Chairman 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: Making of binding offer to property owner as required by F.S. §73.015, as amended. (#20020302-County Lands)
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ACTION REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $4,750.00 for Parcel109-A,
Cypress Lake Drive Widening, Project No. 4064, pursuant to the terms and conditions
set forth in the Purchase Agreement; authorize Chairman 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: Making of binding offer to property owner as required by F.S. §73.015, as amended. (#20020303-County Lands)
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ACTION REQUESTED: Approve
Real Estate Sales Agreement for surplus County-owned property located at the
southeast intersection of Del Prado and Veterans Parkway (behind former
Eckerd’s building) in Cape Coral, identified as Strap Number
32-44-24-C1-01247.0000; authorize Chairman to execute County Deed and Parking
Lot Easement on behalf of the Board of County Commissioners; authorize County
Lands Division to handle and accept all documentation necessary to complete
this transaction. WHY
ACTION IS NECESSARY: The Board declared the subject property as
surplus, and directed staff to effect a sale pursuant to FS 125.35 (2), and
subsequently return to the Board for acceptance of any bids. WHAT
ACTION ACCOMPLISHES: Disposes of County-owned surplus property and places it back on the tax roll to generate revenue. (#20020317-County Lands)
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ACTION REQUESTED: Authorize new position of Maintenance Worker to
replace existing outsourced services. WHY ACTION IS NECESSARY: Authorization of Board is required for the
creation of new positions. WHAT ACTION ACCOMPLISHES: Cost savings and increased service level. (#20020342-Animal Services)
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7. |
PUBLIC SAFETY |
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ACTION REQUESTED: Accept
grant award monies from the Florida EMS County Award Grant Program and
approve a budget resolution in the amount of $96,064.24. WHY ACTION IS NECESSARY: To
give budgetary authority to receive grant. WHAT ACTION
ACCOMPLISHES: Completes application and agreement process that entitles Lee County to accept EMS County Award Grant monies. The original grant application was approved by the Board on December 11, 2001. (#20020328-Public Safety)
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ACTION
REQUESTED: Approve award of Formal Quotation Q-020151, Baxter
Interlink Supplies and I.V. Solutions for Lee County EMS (Public Safety) to
Emergency Medical Products, Inc. based on being the lowest quoter on the
majority of items and due to the fact that they bid all line items. Preference was given to any vendor quoting
all line items per the specification.
Estimated annual expenditures for these products are approximately
$317,000.00. Also request authority
to renew quotation for four additional one-year periods, under the same terms
and conditions, if in the best interest of Lee County at the expiration of
the original term. Funding will come from the individual department or
division’s budget whom will be responsible for monitoring their individual
expenditures. WHY ACTION
IS NECESSARY: The Board must approve total purchases that exceed
the $50,000 threshold WHAT ACTION
ACCOMPLISHES: Establishes competitive pricing for the purchase
of Baxter Interlink Supplies and I.V. Solutions. (#20020337-EMS) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION
REQUESTED: Approve waiving of the formal solicitation process
and authorize staff to enter into a Service Provider Agreement for BW-02-09
for Tire Cutting Services with Modern Recycling Inc. of Florida in the amount
of $35.00 per ton for a contract period of two (2) years with the option of
renewal for two (2) additional one (1) year periods. WHY ACTION
IS NECESSARY: In accordance with the Lee County Contract Manual,
approved by the Board on September 25, 2002, a waiver of the formal process
for expected expenditures over $50,000.00 requires Board approval. WHAT ACTION
ACCOMPLISHES: Provides the Solid Waste Division with a firm that will provide tire-cutting services. (#20020346-Solid Waste)
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9. |
TRANSPORTATION |
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ACTION REQUESTED: Approve the top two ranked landscaping projects
for design, preparation of construction documents, and bidding as recommended
by the Roadway Landscape Advisory Committee (RLAC). The two projects are
Daniels Parkway from Ben C Pratt/Six Mile Cypress Parkway to U.S. 41 and
Fowler Street from Colonial Boulevard to U.S. 41. The project rankings are
shown on the attached FY 01/02 CIP Project Prioritization List. WHY ACTION IS NECESSARY: The Board must approve the RLAC’s recommendations. WHAT ACTION ACCOMPLISHES: Approves the ranking of the FY 01/02 CIP Prioritization List as recommended by the RLAC. Allows staff to move forward with the design and bidding of the successful projects. (#20020329-Transportation)
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ACTION REQUESTED: Award Professional Services Agreement for CN-02-08
METRO PARKWAY WIDENING FROM SIX MILE TO DANIELS, to Inwood Consulting
Engineers Inc.; for a total contract amount $889,199.43. WHY ACTION IS NECESSARY: Pursuant to the Lee County Manual, approved by the Board on September 25, 2001, the Board is required to approve all Professional Services Agreements. WHAT ACTION ACCOMPLISHES: Consultant will provide professional engineering services for the project known as Metro Parkway Widening from Six Mile to Daniels, which includes the following Tasks: conduct surveys, develop design alternatives, develop traffic data, prepare ROW maps, final plans and specifications, coordinate all utility system adjustments, prepare cost estimates, bid documents, contract documents and all government permit applications. (#20020325-Transportation)
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ACTION
REQUESTED: Approve award of the following projects: EX020366, the purchase of three (3) new
International cab and chassis trucks from International Truck and Engine
Corporation, at the Florida State Contract base price with contract options
of $38,550.00 each – total for three (3) trucks: $115,650.00; and W-020367, the purchase and installation of
three (3) Conibear sand spreader box bodies from the Conibear Equipment
Company at a price of $26,868.00 each – total for three (3) spreader box
bodies: $80,604.00. Grand total for three (3) complete trucks,
which are for use by the Lee County Department of Transportation, is
$196,254.00. A waiver has been requested
because the Conibear Equipment Company is the sole source distributor for
these spreader box bodies. Authority
is also requested to expend an additional $195.00 per body for an air shift
PTO and $425.00 per body for an electric tarp should the department determine
these items are necessary at the time these bodies are installed. (These items would be purchased from the
Conibear Equipment Company.) WHY ACTION
IS NECESSARY: Section 11.0.3.1 of the Lee County Purchasing and
Payment Procedures Manual exempts “the purchase of equipment that has gone
through the Administrative Code Procedure, such as State Contracts or Federal
General Services Administration Schedules, providing the purchase, rental, or
lease amount does not exceed $50,000.00”.
As this expenditure will exceed $50,000.00, Board approval is
required. WHAT ACTION
ACCOMPLISHES: This purchase allows Lee County DOT to update its
aging spreader box fleet; trucks that are used for road maintenance and
hazardous waste spills. The three (3)
units are replacements for equipment #019266, #019268, and #019265; all of
which have met Fleet Management’s replacement criteria (please see Attachment
#5). (#20020304-Transportation) |
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ACTION REQUESTED: Approve award of Quote # Q-020235, Roadside Mowing,
for the Department of Transportation-Operations, to the low quoter for all
five locations and who met the specification requirements, Gray Oaks Farms
Inc., for the amounts as listed on the Lee County Tabulation Sheet, for a
period of one year. Also request
authority to renew this quote for two additional one-year periods, upon
mutual agreement of both parties.
Also request authority to act on behalf of the Board in the event of
vendor non-compliance, so that the Purchasing Division can proceed to the
next low quoter if Gray Oaks Farms cannot secure a performance bond or comply
with our insurance requirements. For
general information, it is estimated that approximately $69,000.00 will be
spent for roadside mowing per year.
Funding will come from the individual department’s budget and they
will be responsible for monitoring their own expenditures WHY ACTION IS NECESSARY: Per
the Lee County Purchasing and Payments Procedures Manual, when a formal quote
project exceeds $50,000.00, Board approval is required. WHAT ACTION
ACCOMPLISHES: Provides a competitive,
fair market price for Roadside Mowing for DOT. (#20020315-Transportation)
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10. |
UTILITIES
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ACTION REQUESTED: Approve
Petition from Bonita Springs Utilities, Inc. (BSU) to extend term of Franchise
Agreement with Lee County including the Exhibit A. WHY ACTION IS NECESSARY: As the franchising authority for this not-for-profit utility, Board approval is required for the approval of extension of Franchise Agreement. WHAT ACTION ACCOMPLISHES: The renewal and extension of the Franchise Agreement to a term of 30 years, in order to assist in the marketing and sale of the approximately $60,000,000 Lee County Industrial Development Authority Bond Issue (Series 2002) with a 30-year maturity from 2002. (#20020327-Utilities) |
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ACTION REQUESTED: Approve Bid Waiver #W-020369 requested by Public
Works for Utilities to process invoices from U S Filter, Davis Process
Products to purchase the chemical Bioxide ($1.75/gallon), for equipment
rental, and the service maintenance of lift stations. Equipment rental and
service maintenance are billed monthly and prices vary due to services
required. In addition, request
approval to continue utilizing this supplier for approximately 3 months until
a new formal quote has been awarded. WHY ACTION IS NECESSARY: To process payments for nitrate used for odor
control along with equipment rental and service maintenance at Lee County
Utilities lift stations which have exceeded the $25,000 formal procedure. WHAT ACTION ACCOMPLISHES: Completes investigation and quantification of the
chemical amounts involved and allows for payment for this service until a
formal procedure has been awarded. (#20020343-Utilities)
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ACTION REQUESTED: Award Professional Services Agreement for CN-02-05
OLGA WATER TREATMENT PLANT RESERVOIR & PLANT IMPROVEMENTS, to Parsons
Engineering Science Inc.; for a total contract amount $198,956.00. WHY ACTION IS NECESSARY: Pursuant to the Lee County Manual, approved by the
Board on September 25, 2001, the Board is required to approve all
Professional Services Agreements. WHAT ACTION ACCOMPLISHES: Consultant will provide professional engineering services for the project known as Olga Water Treatment Plant Reservoir & Plant Improvements, which includes the following Tasks: complete the design of improvements, including recommendation of improvement options, basis of design report & preliminary layout of the proposed facility improvements, survey, soils investigation, and other necessary field data collection, preparation of engineering design plans and technical specifications, permitting assistance, preparation of bidding/construction documents, engineer’s estimate of construction cost, and other necessary services. (#20020332-Utilities)
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PARKS AND RECREATION |
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(a) ACTION REQUESTED:
Authorize the establishment of two (2) new full time positions (Parks & Recreation Senior Supervisor & Parks & Recreation Events Coordinator) to assist with land stewardship activities on Conservation 2020 preserves. Approve Budget Transfer from Conservation 2020 Land Management (#30105) reserves in the amount of $35,000.
WHY ACTION IS NECESSARY:
Board action is required for
establishment of new positions.
WHAT ACTION ACCOMPLISHES:
Establishes land stewardship positions for the Conservation 2020 Program.
(#20020338-Parks & Recreation)
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12. |
COUNTY ATTORNEY |
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ACTION REQUESTED: Amend Resolution No. 01-02-54, Lee County Advisory
Board Financial Interest and Filing Designation. WHY ACTION IS NECESSARY: To update Board of County Commissioners local
option designation of Lee County Advisory Boards whose members are required
to file statements of Financial Interests (Form 1) and related forms as
Reporting Individuals. WHAT ACTION ACCOMPLISHES: Amend
Lee County Resolution to officially add additional board members. (#20020326-County Attorney) |
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ACTION REQUESTED: Discussion and direction to
Public Hearing of proposed amendment to the Nuisance Abatement Board
Ordinance. Suggested Public Hearing
Date: 05/14/02 WHY ACTION IS NECESSARY: Nuisance Abatement
Ordinance needs to be considered pursuant to Public Hearing ordinance
amendment process. WHAT
ACTION ACCOMPLISHES: Sets the Nuisance Abatement Board Ordinance for Public Hearing and adoption. (#20020348-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). (#20020356-Clerk of Courts)
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ACTION REQUESTED: Present the Independent Auditors’ Management Letter for the fiscal year ended September 30, 2001. WHY ACTION IS NECESSARY: Per Section 11.45(8), Florida Statutes, a copy of the report shall be submitted to the Board of County Commissioners and filed as permanent public record in the Minutes Office of the Clerk. WHAT ACTION ACCOMPLISHES: Compliance with Chapter 10.550 “Rules of the Auditor General-Local Governmental Entity Audits”, and Section 11.45, Florida Statutes. (#20020345-Clerk of Courts) |
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ADMINISTRATIVE
AGENDA
April
16, 2002
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1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Consider
acceptance of settlement demand of $100,000 in the claim of Shela McCarty
Jackson against Lee County. WHY
ACTION IS NECESSARY: To
duly consider a settlement offer that was made. WHAT
ACTION ACCOMPLISHES: Resolves
the case prior to litigation limiting the County’s exposure. (#20020362-Risk Management)
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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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ACTION
REQUESTED: Concur with the ranking of Consultants by the
Competitive Negotiations Committee for CN-02-13, CR 951 PD&E STUDY, in
the following order of ranking, and authorize contract negotiations to
commence with the number one ranked firm: (1) Dyer Riddle Mills &
Precourt Inc.; (2) Post Buckley Schuh & Jernigan; and (3) CH2M Hill. 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 rankings. WHAT ACTION
ACCOMPLISHES: Consultant will provide any and all professional services to produce Environmental and engineering services required for a Project Development and Environment Study. This includes consideration of all social, economic, and environmental effects, and mitigation as required by the COUNTY and using the Florida Department of Transportation (FDOT) Project Development and Environment (PD&E) Manual as a guide. In addition, the Consultant will prepare the required environmental and engineering reports, and Conceptual Design Plans, and assist as necessary with the Public Hearing. The project limits of the CR 951 PD&E study will be from the Lee Collier county line to Alico Road. (#20020322-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: 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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ACTION REQUESTED: Approve mediated settlement in Wise v. Lee
County. WHY ACTION IS NECESSARY: To approve agreement. WHAT ACTION ACCOMPLISHES: Resolves case. (#20020290-County Attorney)
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ACTION REQUESTED: Approve Resolution of Necessity to condemn land
needed for the Treeline Avenue Widening Project. WHY ACTION IS NECESSARY: To direct eminent domain proceedings if land
cannot be voluntarily purchased. WHAT ACTION ACCOMPLISHES: Adopts Resolution of Necessity. (#20020347-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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