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 |
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James
G. Yaeger, County Attorney |
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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
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Invocation: |
Pastor
Jeff Futch |
Church
of God of Prophecy |
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Pledge
of Allegiance |
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Presentation: |
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(Commissioner
Coy-#20020445) |
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Calusa
Nature Center and Planetarium Volunteer Appreciation Day Resolution |
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(Commissioner
Judah-#20020507) |
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(Commissioner
Janes-#20020462) |
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(Commissioner
Albion-#20020516) |
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Recognition
of the Lee Education and Employment Program Excellence Award |
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(Commissioner
Janes-#20020510) |
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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
May
21, 2002
1. |
COUNTY ADMINISTRATION |
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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) |
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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: 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) |
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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) |
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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) |
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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) |
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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) |
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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) |
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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) |
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7. |
PUBLIC SAFETY |
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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) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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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) |
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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-02-14, 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) |
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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) |
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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) |
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10. |
UTILITIES |
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11. |
PARKS AND RECREATION |
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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) |
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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) |
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12. |
COUNTY ATTORNEY |
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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) |
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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). (#20020503-Clerk of
Courts) |
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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) |
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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) |
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ADMINISTRATIVE
AGENDA
May
21, 2002
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 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) |
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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 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) |
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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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