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

Donald D. Stilwell,

County Manager

 

James G. Yaeger, County Attorney

May 21, 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:

Pastor Jeff Futch

Church of God of Prophecy

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentation:

 

 

·   

Older Americans Month Resolution

 

 

(Commissioner Coy-#20020445)

 

 

·   

Calusa Nature Center and Planetarium Volunteer Appreciation Day Resolution

 

 

(Commissioner Judah-#20020507)

 

 

·   

Emergency Medical Service Week Resolution

 

 

(Commissioner Janes-#20020462)

 

 

·   

Dog Bite Prevention Week Resolution

 

 

(Commissioner Albion-#20020516)

 

 

·   

Recognition of the Lee Education and Employment Program Excellence Award

 

 

(Commissioner Janes-#20020510)

 

 

 

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 21, 2002

 

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

To approve a grant agreement with the Justice administrative Commission (JAC) and Lee County in the amount of $90,419.56 for a Grant-In Aid Agreement for Child Dependency.

WHY ACTION IS NECESSARY:

Board approval is required for all Agreements.

WHAT ACTION ACCOMPLISHES:

Provides Grant funding to reimburse Lee County for funds previously budgeted and expended through Court Administration for Child Dependency.  (#20020432-Budget Services)

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Accept by donation, Perpetual Beach Storm Damage Reduction Easements, for the Estero Island Beach Restoration Project No. 3022; authorize the Division of County Lands to handle and accept all documentation necessary; authorize necessary fees and costs to close.

WHY ACTION IS NECESSARY:

To secure permanent easements along Fort Myers Beach on Estero Island for the proposed beach renourishment project.

WHAT ACTION ACCOMPLISHES:

Acquisition of necessary permanent easements from benefited property owners along Fort Myers Beach and securing Federal Funding for the project.  (#20020371-County Lands)

 

 

(b)

ACTION REQUESTED:

Accept by donation, Parcel 124, a Perpetual Beach Storm Damage Reduction Easement, for the Gasparilla Island Beach Restoration Project No. 3023; authorize the Division of County Lands to handle and accept all documentation necessary; authorize necessary fees and costs to close.

WHY ACTION IS NECESSARY:

To secure permanent easements along Boca Grande on Gasparilla Island for the proposed beach renourishment project.

WHAT ACTION ACCOMPLISHES:

Acquisition of necessary permanent easements from benefited property owners along Gasparilla Island and securing Federal Funding for a portion of the project.  (#20020460-County Lands)

 

 

(c)

ACTION REQUESTED:

Approve award of Formal Quote # Q-020270, TO FURNISH & DELIVER IRRIGATION, SPRINKLER PARTS & RELATED ITEMS (COUNTYWIDE ANNUAL) for various Lee County Board of County Commissioners Departments/Divisions to multiple vendors: Melrose Irrigation Supply, Florida Irrigation Supply, and John Deere Landscapes for the discount off Manufacturer’s List Price as circled on the attached Lee County Tabulation Sheet.  Funding will come from the individual department or division’s budget whom will be responsible for monitoring their individual expenditures.  Also, request authority to renew this contract for two additional one-year periods, upon mutual agreement under the same terms and conditions if in the best interest of Lee County.

WHY ACTION IS NECESSARY:

To provide services to Lee County for the purchase and delivery of irrigation sprinkler parts & related items on an as needed basis.

WHAT ACTION ACCOMPLISHES:

To establish a contract and provide services to Lee County for the purchase and delivery of irrigation sprinkler parts & related items on an as needed basis.  (#20020466-Purchasing)

 

 

(d)

ACTION REQUESTED:

Accept by donation, Parcel 4 for right-of-way necessary for the Charlee Road Special Improvements MSBU for paving and maintenance of the existing road; authorize the Division of County Lands to handle and accept all documentation necessary; authorize payment of recording fees.

WHY ACTION IS NECESSARY:

Charlee Road is currently a privately owned road and the County cannot initiate paving and maintenance without a fee interest.

WHAT ACTION ACCOMPLISHES:

Acquisition of right-of-way via Quit-Claim Deed by donation from benefited property owner. (#20020477-County Lands)

 

 

(e)

ACTION REQUESTED:

Approve the acquisition of Parcel 164, for the Pondella Road Widening Project No. 4656, in the amount of $21,938.00, pursuant to the terms and conditions as set forth in the Agreement for Purchase and Sale of Real Estate; authorize payment of necessary costs to close; authorize Chairman on behalf of the Board of County Commissioners to execute the Agreement; 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 future date.  (#20020464-County Lands)

 

 

(f)

ACTION REQUESTED:

Authorize a transfer of $50,000 from library fund reserves to establish the Ft Myers-Lee County Public Library Data Room project #3610 and amend CIP for FY 01/02 – 05/06.

WHY ACTION IS NECESSARY:

Board approval is required for all amendments to the CIP budget

WHAT ACTION ACCOMPLISHES:

Establishes budget for the Ft Myers-Lee County Public Library Data Room project #3610 to create space to house the library system’s automated system services.  (#20020514-Library)

 

 

(g)

ACTION REQUESTED:

Authorize a transfer of $55,000 from library fund reserves to establish the Rutenberg Branch Library Space Enhancement project #3611 and amend CIP for FY 01/02 - 05/06.

WHY ACTION IS NECESSARY:

Board approval is required for all amendments to the CIP budget.

WHAT ACTION ACCOMPLISHES:

Establishes budget for the Rutenberg Branch Library Space Enhancement project #3611 to address work place safety issues.  (#20020515-Library)

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Authorize Chairman to approve a Certificate of Public Convenience and Necessity (CON) to the Estero Fire Rescue (District) to conduct advance life support (ALS) non-transport service, emergency medical service care.

WHY ACTION IS NECESSARY:

Commission Chairman’s signature is required to execute CON.

WHAT ACTION ACCOMPLISHES:

Grants the applicant license to provide ALS service in accordance with State law and provision contained in Lee County Ordinance 88-58.  (#20020505-EMS)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Authorize the Chairman of the BOCC to execute an Agreement with the Clerk of the Courts for the establishment of the Lee/Hendry Regional Landfill Closure Escrow Account to meet Fl. Department of Environmental Protection rule requirements.  Approve transfer of funds in the initial amount of $150,000.00 from Solid Waste Operations System Reserves to the Escrow Account Fund.  Approve Budget Amendment establishing budget in the Lee/Hendry Regional Landfill Closure Escrow Fund in the amount of $150,000.00.  Authorize the Public Works Director or designee, signature authority to expend funds from this escrow account from time to time, as required, for specific landfill closure expenses.

WHY ACTION IS NECESSARY:

In accordance with Rule 62-701-630 (5) FAC (2001) Lee County must maintain an accumulative escrow account for the sole purpose of landfill closure (and potentially long–term care) for the Lee/Hendry Regional Landfill.

WHAT ACTION ACCOMPLISHES:

Establishes and funds the landfill escrow account prior to the opening of the Lee/Hendry Regional Landfill as required by the State of Florida. Provides signature authority to the Public Works Director or designee to expend funds from the landfill escrow account related to closure and long-term care of the Lee/Hendry Regional Landfill as needed.  (#20020502-Solid Waste)

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-02-14, SANIBEL SPAN “A” AND BASCULE REHABILITATION, in the following order of ranking and authorize contract negotiations to commence with the number one ranked firm: (1) Hardesty & Hanover, LLP; (2) Lichtenstein Consulting Engineers Inc.; (3) Parsons Brinckerhoff Quade & Douglas.

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:

The Professional Services to be provided and performed by the Consultant for this project are anticipated to be, but are not necessarily limited to Engineering services required for the preparations of plans and specifications to be used by the contractor to repair/rehabilitate Structure “A” (Bridge No. 124043) on Sanibel Island Causeway (CR 867) over Okeechobee Waterway.  Elements of work include the rehabilitation of the structural components and the electrical and mechanical operating system of the bascule span and concrete repairs to the superstructure and substructure of the approach spans.  Traffic control plans to accomplish the work shall be included. Scour protection, minor paving, parking and signing plans for the bridge ends shall also be included.  (#20020467-Transportation)

 

 

(b)

ACTION REQUESTED:

Approve Change Order No. 1 to Contract No. 1481 for CN-00-03, SUMMERLIN ROAD 6-LANING (University Drive to Boy Scout Drive), in the amount of $65,259.14, for a total contract amount of $1,368,663.59.

WHY ACTION IS NECESSARY:

Pursuant to the Lee County Contracts Manual, approved by the Board on September 25, 2001, Change Orders over $50,000.00 require Board approval.

WHAT ACTION ACCOMPLISHES:

Provides for a noise study as directed by the Board, and provides for additional traffic study for the purpose of providing traffic signal analysis and timing, as well as access management recommendations.  (#20020470-Transportation)

 

 

(c)

ACTION REQUESTED:

Approve Addendum to Memorandum of Agreement with the Florida Department of Transportation to amend the interest free loan to $1,500,000 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.

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 Toll Facility Rehabilitation and the Cape Coral Toll Facility Rehabilitation.  (#20020403-Transportation)

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

 

(a)

ACTION REQUESTED:

Approve and execute Amendment 2 to contract #HJK13, as well as Amendment 1 to contract #HJK16 with the Florida Department of Children and Families Grant. The Family Connection Center Grant # 0649 Visitation and #0672 Parenting are to change the language, dollar amount, and match.  Includes Budget Transfer in the amount of the difference between the original awarded amount and the revised award of  $11,258 for contract #HJK13 (#0649 Visitation) and the difference between the original awarded amount and the revised award of $11,258 for contract #HJK16 (#0672 Parenting) for a net change of zero.

WHY ACTION IS NECESSARY:

Board must approve all Amendments to Contracts/Grants.

WHAT ACTION ACCOMPLISHES:

Allows a language change, shifting of funding [from $79,677.91 to $90,935.47 (visitation 0649), $27,327.56 to $16,070.00 (parenting 0672)] and changes the amount of match funds for the FCC Grant 0649, from $25,209.00 to $26,245.49 and FCC Grant 0672, from $9,442.52 to $5,356.66.  (#20020481-Parks and Recreation)

 

 

(b)

ACTION REQUESTED:

Approve Budget Transfer from fund #13806 reserves in the amount $40,000 to cover operational costs associated with increased court ordered visits associated with the Family Connection Center grant program.

WHY ACTION IS NECESSARY:

Budget Transfers required Board approval.

WHAT ACTION ACCOMPLISHES:

Transfers funds from reserves to the operating business unit.  (#20020522-Extension Services)

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Approve the Cooperative Agreement between the East County Water Control District and the County.

WHY ACTION IS NECESSARY:

The Board of County Commissioners approves Cooperative Agreements.

WHAT ACTION ACCOMPLISHES:

Clarifies the maintenance responsibilities relative to canal crossing improvements at public roadways.  (#20020496-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).  (#20020503-Clerk of Courts)

 

 

(b)

ACTION REQUESTED:

Approve payment of delinquent tax overbid claim-Mathis.

WHY ACTION IS NECESSARY:

Pursuant to Florida Statute 197.  Lee County is holding overbid funds from delinquent tax sales.

WHAT ACTION ACCOMPLISHES:

The Clerk has received a claim for these funds and requests that you release them.  #20020504-Clerk of Courts)

 

 

(c)

ACTION REQUESTED:

Approve payment of delinquent tax overbid claim-Palacio.

WHY ACTION IS NECESSARY:

Pursuant to Florida Statute 197.  Lee County is holding overbid funds from delinquent tax sales.

WHAT ACTION ACCOMPLISHES:

The Clerk has received a claim for these funds and requests that you release them.  #20020525-Clerk of Courts)

 

 

ADMINISTRATIVE AGENDA

May 21, 2002

 

 

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 174, in Section 26, Township 43 South, Range 25 East, located south of Bayshore Road and east of McSpadden Road in North Fort Myers, for the Conservation 2020 Land Acquisition Program, Project No. 8800, in the amount of $78,500.00, 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. 20010726 for Conservation 2020 Program.  (#20020368-County Lands)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Approve mediated settlement in Lee County v. Colonial West Condominiums; Case No.  95-87-CA.  Also, approve transfer from Veterans Memorial Parkway Extension to Midpoint Bridge in the amount of $120,000, including project management.  Amend FY01/02-FY05/06 CIP accordingly.

WHY ACTION IS NECESSARY:

To resolve outstanding claim.

WHAT ACTION ACCOMPLISHES:

Settles all claims except fees and costs.  (#20020463-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS