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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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July 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: |
Reverend
Paul Manuel |
Evangelical
Presbyterian Church |
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Pledge
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Presentations: |
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(Commissioner
Janes-#20020747) |
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(Commissioner
Coy-#20020748) |
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(Commissioner
Coy-#20020749) |
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(George
Williams-#20020688) |
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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
July
2, 2002
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1. |
COUNTY ADMINISTRATION |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION
REQUESTED: Approve an after-the-fact emergency for E-02-02
EMERGENCY JAIL SEWER LINE REPAIRS, to numerous vendors, in the amount not to
exceed $200,000.00. WHY ACTION
IS NECESSARY: In accordance with the Lee County Contract Manual
approved by the Board on September 25, 2001, the Board is required to approve
all emergencies over $50,000.00. WHAT ACTION
ACCOMPLISHES: Provides after-the-fact approval under the
emergency procedures for the emergency removal and replacement of the main
sewer line under the jail. The
emergency repair of the sewer line required the use of various vendors to
perform the work.
(#20020701-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 VAC2002-00028 to Vacate a
portion of a viewers road as recorded in CCMB 10, Page 563, Public Records of
Lee County, Florida, located in the Shadow Wood Preserve Subdivision and
adopt a Resolution setting a Public Hearing for 5:00 p.m. on the 13th day
of August 2002. WHY
ACTION IS NECESSARY: As a condition of Zoning Resolution Z-00-015,
prior to the first Certificate of Compliance this portion of the viewers road
must be vacated and removed to reestablish water flows within Mullock Creek. The vacation of this right-of-way will
not alter traffic conditions and the right-of-way is not necessary to
accommodate any future traffic requirement. WHAT ACTION
ACCOMPLISHES: Vacates the right-of-way. (#20020714-Development Services) |
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ACTION
REQUESTED: Approve award of Formal Quotation # Q-020383, Lot
Mowing for Codes and Building Services, for the Community Development
Department, Development Services Division, Code Enforcement Section to the
overall low quoter meeting all specification requirements Tropics Lawn
Service (primary vendor) and P & T Lawn and Tractor Service (secondary
vendor). The initial term of this
agreement is for one year. Request authority to renew this quotation for four
additional one-year periods if in the best interest of the County, at the
expiration of the original term.
Also, request authority to act on behalf of the board to proceed to
the next lowest quoter in the event of vendor non-compliance, such as the
inability of the awarded vendor to obtain the performance bond. For general
information, the Development Services Division estimates annual expenditures
for Lot Mowing will be in excess of
$50,000. Funding will come
from the individual departments budget and they will be responsible for
monitoring their own expenditures. WHY ACTION
IS NECESSARY: According to Section 9.4.1 of the Lee County
Purchasing and Payment Procedures Manual, approved by the Board on 3/21/00,
purchases over the $50,000.00 must be approved by the Board. WHAT ACTION
ACCOMPLISHES: Establishes a competitive, fair market pricing for
the purchase of mowing services.
(#20020723-Development Services) |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Approve Project # PB020315, the utilization
(piggyback) of Sarasota County’s Proposal # 1267JH, which has gone through
their competitive bidding process, for the procurement of Pump and Motor
Repair and Replacement Services, from both John Mader Enterprises Inc. and
Rexell Mader Motor & Control, to be utilized on a county wide basis. Sarasota County did a joint award, which
allows the end users to choose either vendor according to their needs at any
given time. The participating
departments will be responsible for monitoring their own expenditures. The current term of the contract runs from
10/1/01 to 9/30/02. Also request
authority to continue to utilize this contract if renewed by Sarasota County
and also if it is in the best interest of Lee County at that time. WHY ACTION
IS NECESSARY: Pursuant to the Lee County Purchasing and Payment
Procedures Manual as approved by the Board on March 21, 2000, when a project
exceeds $50,000.00, Board approval is needed. WHAT ACTION
ACCOMPLISHES: Provides an annual contract for pump and motor
repair and replacement services to be utilized as needed on a county wide
basis. (#20020717-Purchasing) |
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ACTION REQUESTED: Accept staff recommendation to reject all bids
submitted in response to Formal Quotation #Q-020392, Sale of Property located
at 13503/13513 Pine Villa Lane, Fort Myers, FL (STRAP #
24-45-24-04-00000.0450 and .0460) for the Division of County Lands. WHY ACTION IS NECESSARY: On January 15, 2002 the Board took action
declaring this property surplus and authorizing the Division of County Lands,
in cooperation with the Division of Purchasing Services, to accept sealed
quotations to dispose of this surplus property. The Board’s action on that date indicated that staff must
return to the Board for acceptance or rejection of the quotations. WHAT ACTION ACCOMPLISHES: Fulfills the requirements of the January 15, 2002
action. (#20020706-County Lands) |
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ACTION REQUESTED: Accept staff recommendation to reject all bids
submitted in response to Formal Quotation #Q-020391, Sale of Property located
at 13502/13512 Pine Villa Lane, Fort Myers, FL (STRAP #
24-45-24-04-00000.0010 and .0020) for the Division of County Lands. WHY ACTION IS NECESSARY: On January 15, 2002 the Board took action
declaring this property surplus and authorizing the Division of County Lands,
in cooperation with the Division of Purchasing Services, to accept sealed
quotations to dispose of this surplus property. The Board’s action on that date indicated that staff must
return to the Board for acceptance or rejection of the quotations. WHAT ACTION ACCOMPLISHES: Fulfills the requirements of the January 15, 2002
action. (#20020707-County Lands) |
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ACTION REQUESTED: Approve the purchase of a ± 5 acre parcel within
the Corkscrew Regional Ecosystem Watershed (CREW), Project No. 0999, pursuant
to the terms and conditions as set forth in the Purchase Agreement; authorize
payment of the necessary fees to close; authorize Chairman on behalf of the
Board of County Commissioners to execute Purchase Agreement; authorize the Division
of County Lands to handle and accept all documentation necessary to complete
this transaction. WHY ACTION IS NECESSARY: To place environmentally sensitive land, within
CREW boundaries, into public ownership. WHAT ACTION ACCOMPLISHES: The acquisition of ± 5 acres, within CREW
boundaries, for $6,000.00 plus costs to close. (#20020715-County Lands) |
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ACTION REQUESTED: Accept the donation of a Perpetual Stormwater
Drainage Easement covering a portion of Strap No. 02-46-22-18-0000B.0390 for
the Cherry/Blueberry Lanes Special Improvement MSBU; authorize the Division
of County Lands to handle and accept all documentation necessary; authorize
payment of recording fees. WHY ACTION IS NECESSARY: All real estate acquisitions must be approved by
the Board of County Commissioners pursuant to Florida Statute. WHAT ACTION ACCOMPLISHES: Acquires a permanent easement needed for the
Cherry/Blueberry Lanes Special Improvement MSBU. (#20020720-County Lands) |
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ACTION REQUESTED: Accept the donation of a Perpetual Stormwater
Drainage Easement covering a portion of Strap No. 02-46-22-18-0000B.0400 for
the Cherry/Blueberry Lanes Special Improvement MSBU; authorize the Division
of County Lands to handle and accept all documentation necessary; authorize
payment of recording fees. WHY ACTION IS NECESSARY: All real estate acquisitions must be approved by
the Board of County Commissioners pursuant to Florida Statute. WHAT ACTION ACCOMPLISHES: Acquires a permanent easement needed for the
Cherry/Blueberry Lanes Special Improvement MSBU. (#20020721-County Lands) |
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ACTION REQUESTED: Approve an Interlocal Agreement with the City of
Bonita Springs for the Division of County Lands to handle all of the City’s
real estate acquisition activities. WHY ACTION IS NECESSARY: Board approval is required for these types of
agreements. WHAT ACTION ACCOMPLISHES: Allows the City of Bonita Springs to utilize the
expertise and services of a well established real estate office which
specializes in governmental land acquisitions; County Lands will charge the
City the hourly rate which it charges other County Departments. (#20020731-County Lands) |
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7. |
PUBLIC SAFETY |
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ACTION
REQUESTED: Approve
and execute an Agreement between Lee County and Christ United Methodist
Church of Lehigh Acres Fellowship Hall use as a Special Care Center located
at 1430 Homestead Road, North in Lehigh Acres for a period of five (5) years. WHY
ACTION IS NECESSARY: Agreements
must be approved by the Board of County Commissioners. WHAT
THE ACTION ACCOMPLISHES: Authorizes
Lee County temporary use of the Property called Christ United Methodist
Church of Lehigh Acres Fellowship Hall located at 1430 Homestead Road, North
in Lehigh Acres for emergency response and relief efforts. (#20020651-Emergency Management) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION
REQUESTED: Approve the award of Project # EX020549, the
purchase of bulk fuel for the Solid Waste Division’s use at the Lee/Hendry
Landfill Facility from Streicher Mobile Fueling at the same prices as given in
Florida State Contract #405-000-99-1.
Lee County has been purchasing its fuel via this State Contract since
May 29, 1999; however, this contract expires on September 30, 2002; and the
State is not adding new fueling sites until the new contract is awarded. Solid Waste requires fuel for the landfill
facility for the four (4) months-at a total cost of approximately
$30,000.00-prior to the award of the new contract. Streicher has agreed to honor the Florida State Contract
pricing and conditions, which were established by the State under a
competitive bid process, until the new contract is in place. The estimated use for fuel on an annual
basis is 6,000 gallons per month for eight (8) months and 10,000 gallons per
month for four (4) months. Board
approval is also requested to allow the Solid Waste Division to use the new
Florida State Contract for the purchase of this fuel, if in the best interest
of Lee County, at the time the contract is awarded. WHY ACTION
IS NECESSARY: The Lee County Purchasing and Payment Procedures
Manual exempts Florida State Contract purchases (Section 11.0.3.1); and the
purchase of petroleum products (Section 11.0.4.4). As this expenditure has the potential to exceed $50,000.00,
Board approval is required. WHAT ACTION ACCOMPLISHES:Provides bulk fuel for the Lee/Hendry Landfill
Facility. (#20020655-Solid Waste) |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: Approve budget transfer of the 1995 Local Option
Gas Tax Revenue Bonds to increase the Veterans Memorial Parkway from Surfside
to Chiquita by $3,000,000 and decrease Three Oaks Extension North by
$2,000,000 and Veteran’s Memorial Parkway by $1,000,000. Also approve budget transfer to the Toll
Surplus Capital reserves in the amount of $2,700,000 and decrease the
Veterans Memorial Parkway from Surfside to Chiquita by $3,000,000. Amend FY 01/02-05/06 CIP and create
Project 4085, Expressway Corridor Study, and transfer $300,000 to the project
from Veterans Memorial Parkway. WHY ACTION
IS NECESSARY: Board authorization is required to amend CIP. WHAT ACTION
ACCOMPLISHES: Allows bond proceeds and toll surplus to be spent
on current projects.
(#20020647-Transportation) |
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10. |
UTILITIES
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ACTION REQUESTED: Approve final acceptance, by Resolution, and
recording of one easement as a donation for one fire hydrant serving Monty
Sanitation Company a/k/a Mainline Industrial Park, Lot 16. This is a Developer contributed asset
project located on the south side of Mainline Parkway east of Gator Road
approximately 1,800’ North of Alico Road. WHY ACTION IS NECESSARY: To provide fire protection to the recently
constructed industrial building. WHAT ACTION ACCOMPLISHES: Places the fire hydrant into operation and
complies with the Lee County Utilities Operations Manual. (#20020699-Utilities) |
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ACTION
REQUESTED: Approve final acceptance by Resolution, and
recording of two easements as a donation of a water distribution
system, and a gravity collection system serving Legends Tract ‘P’, Phases 1 & 2 – Bristol Bay. This is a developer-contributed asset and
the project is located on the west side of Fiddlesticks Boulevard across from
The Olde Hickory Club and just north of Fiddlesticks Country Club. WHY ACTION
IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this phase of the residential development. WHAT ACTION
ACCOMPLISHES: Places the water and sewer systems into operation
and complies with the Lee County Utilities Operations Manual. (#20020709-Utilities) |
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11. |
PARKS AND RECREATION |
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ACTION REQUESTED: Approve two contracts, beginning 7/1/02 through
6/30/03, with the Florida Department of Children and Family Services. These contracts are for the Family
Connection Center to operate an on-going supervised visitation and parent
education program. Approve a budget
amendment resolution in the amounts of $27,320.00 (DCF Contract HJL16);
project #0690 for Parent Education services with a match of $6,830.00, and
$79,677.00 (DCF Contract HJL13); project #0689 for Supervised Visitation
program with a match of $18,089.62. WHY ACTION
IS NECESSARY: To formalize the acceptance of additional money to
continue an on-going program. WHAT ACTION
ACCOMPLISHES: Provides on-going funding of the Family Connection
Center with monies from two 12-month contracts with the Department of
Children and Family Services.
(#20020722-Cooperative Extension Services) |
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12. |
COUNTY ATTORNEY |
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ACTION REQUESTED: Grant $255,000.00 in road impact fee credits for a
portion of Treeline Boulevard south of Colonial Boulevard, accept deeds from
Worthington Holdings LLC and Bay Colony-Gateway for portions of Treeline
Blvd. as realigned in accordance with the Treeline Boulevard Realignment
Agreement. WHY ACTION IS NECESSARY: Board approval is necessary to grant impact fee
credits and accept title to property. WHAT ACTION ACCOMPLISHES: Completes the right-of-way acquisition
requirements set forth in Treeline Boulevard Realignment Agreement dated
November 13, 2001. (#20020737-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). (#20020743-Clerk of
Courts) |
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ADMINISTRATIVE
AGENDA
July
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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ACTION
REQUESTED: Approve the purchase of Parcel 152, in Section 35,
Township 45 South, Range 22 East, located on the west side of Stringfellow
Road in Pine Island, for the Conservation 2020 Land Acquisition Program,
Project No. 8800, in the amount of $200,000.00, 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. 20000863 for Conservation 2020 Program. (#20020588-County Lands) |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION
REQUESTED: Approve waiving the formal process for BW-02-12
ARTIFICIAL REEF CONSTRUCTION, and award to Kelly Brothers Inc., in the amount
of $73,500.00. Also, approve a budget
transfer from FBIP Reserve for Contingencies in the amount of $73,500.00 and
amend FY01/02–05/06 Capital Improvement Program accordingly. 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: Kelly Bothers Inc., will pickup and transport 1400
cubic yards of material from site on Pine Island Road to a staging area at
the Ft. Myers Beach, and then transport and deploy the material on the South
Reef at a later date.
(#20020711-Natural Resources) |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: Approve the continuation of the 2.8% allocation of
local option gas taxes to the Town of Fort Myers Beach for the upcoming
fiscal year (02-03), with the understanding that a revised percentage will be
applied in 03-04 based on the corrected application of the statutory formula
or as specified in an executed interlocal agreement. WHY ACTION
IS NECESSARY: Board must specify allocation percentage for each
municipality to the Florida Department of Revenue by July 1 of each year, and
the Town is the only municipality that doesn’t have a percentage specified by
interlocal agreement. WHAT ACTION
ACCOMPLISHES: Sets an allocation percentage for FY 02-03
consistent with the budget development assumptions for the Town of Fort Myers
Beach, while recognizing that the percentage needs to be revised next
year. (#20020738-Transportation) |
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ACTION
REQUESTED: Award Professional Services Agreement for CN-02-10
AERIAL PHOTOGRAPHY & DIGITAL MAPPING SERVICES, to EarthData International
of Maryland, LLC, for a total contract amount of $839,273.45. Also approve transfer from reserves in
Capital Improvements for $50,000.00 and Utilities reserves for $42,926.00 and
transfer from Surface Water Master Plan Project in the amount of $134,503.00
and amend FY 02-06 CIP. WHY ACTION
IS NECESSARY: Pursuant to the Lee County Contract Manual,
approved by the Board on September 25, 2001, the Board is required to
approval all Professional Services Agreements over $50,000.00. WHAT ACTION
ACCOMPLISHES: Consultant
will provide any and all professional services to produce aerial photography
and digital mapping of Lee County.
(#20020649-Transportation) |
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10. |
UTILITIES |
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ACTION
REQUESTED: Approve Bid Waiver #W-020587 to waive the formal
quotation procedure and allow Lee County Utilities to purchase one (1) new
VAC-CON combination sewer cleaner truck from Southern Sewer Equipment Sales
& Service; which is the exclusive/sole-source dealer for the VAC-CON
product line; at a price of $192,440.00. WHY ACTION
IS NECESSARY: According to Section 9.4.1 of the Lee County
Purchasing & Payment Procedures Manual, approved by the Board on 3/21/00,
purchases over $50,000.00 must be approved by the Board. WHAT ACTION
ACCOMPLISHES: This truck is a new addition to the Utilities
fleet. It will be used for the
cleaning and maintenance of sewage lines, lift stations, and manholes. (#20020732-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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