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District #1 Bob
Janes |
District #2 Douglas St. Cerny Vice Chairman |
District #3 Ray
Judah
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District #4 Andrew W. Coy |
District #5 John E. Albion Chairman |
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Donald D. Stilwell, County Manager |
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Robert W. Gray, Deputy
County Attorney |
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September 21, 2004 |
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: |
Pastor
John Allen |
New
Salem Baptist Church |
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Pledge
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Presentations: |
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(Commissioner
Judah-#20041136) |
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(Commissioner
Coy-#20041190) |
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Recap |
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Public
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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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Walk-ons
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Commissioners'
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County
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County
Attorney Items |
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Adjourn |
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September
21, 2004
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1. |
COUNTY ADMINISTRATION |
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ACTION REQUESTED: Approve an advance of $2,950,000 to the Tax
Collector for Ad Valorem commission fees for Fiscal Year 2004-2005 per
Florida Statutes 192.102 and 218.36. WHY ACTION IS NECESSARY: In as much as all Excess Fees are payable and due
to be returned to the Board of County Commissioners on the 31st
day after the close of the fiscal year, the Tax Collector will require
operating funds for the months of October and November 2004. WHAT ACTION ACCOMPLISHES: Provides operating funds necessary for the first
two months of FY 2004-2005 in anticipation of commissions earned from Ad
Valorem monies collected and distributed.
(#20041157-Budget Services) |
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ACTION
REQUESTED: Authorize the scheduling of a public hearing for Tuesday, October 12, 2004 at 10:00 a.m., during the regular Board Meeting to discuss the use of funds related to the Local Law Enforcement Block Grant. WHY ACTION
IS NECESSARY: A public hearing and the use of the Advisory Board
to make non-binding recommendations for the use of the funds are required as
part of the Local Law Enforcement Block Grant application process. The County must hold a hearing prior to
obligation of the funds. Due to time
constraints, advertising was done on September 10, 2004. WHAT ACTION
ACCOMPLISHES: Enables the County to meet application
requirements. (#20041166-Budget
Services) |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION
REQUESTED: Approve for acceptance and filing with the Clerks
Office, Minutes Department, and an after-the-fact emergency under CN-01-09,
Barany, Schmitt, Weaver Resolution No. 04-04-31 for STA No. 5, Miscellaneous
Architectural Services (Contract No. 1775), for the Repairs to Terry Park
(Pigott Stadium) Seating Repairs in the amount of $93,960.00. WHY ACTION
IS NECESSARY: Board approval is required. WHAT ACTION
ACCOMPLISHES: Provides after-the-fact approval under the
emergency Barany, Schmidt, Weaver Resolution for STA No. 5 for the project
known as Terry Park (Pigott Stadium) Seating Repairs in the amount of
$93,960.00. (#20041139-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 by Resolution, amendment to Conservation
20/20 land program parameters and land selection criteria as revised by Board
advisory committee, CLASAC. WHY ACTION
IS NECESSARY: Board must approve, by Resolution, the
recommendation of its advisory committee. WHAT ACTION
ACCOMPLISHES: Reduces the total property review period, allowing
land purchases to occur in a more timely manner. (#20041055-County Lands) |
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ACTION
REQUESTED: Approve Purchase Agreements for the acquisitions
of Parcels 115/116 and Parcel 117, Three Oaks Widening Project No. 4081, in
the amounts of $239,250 and $1,001,250, respectively; authorize payment of
costs to close and the Division of County Lands to handle all documentation
necessary to complete transaction. WHY ACTION
IS NECESSARY: The Board must accept all real estate conveyances
to Lee County. WHAT ACTION
ACCOMPLISHES: The Board avoids Eminent Domain. (#20041093-County Lands) |
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7. |
PUBLIC SAFETY |
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ACTION
REQUESTED: Approve Extension to Interlocal Agreement with the
City of Fort Myers for Fire Protection and Prevention Services to the
Maravilla MSTU and Naravez for the period beginning October 1, 2004 through
September 30, 2005 in the amount of $70,905.
Funds are available. WHY ACTION
IS NECESSARY: This agreement is necessary in order to provide
fire protection services to the residents of Maravilla MSTU District for
FY05. WHAT ACTION
ACCOMPLISHES: Continues fire protection services to the
residents of Maravilla MSTU District by the City of Fort Myers Fire
Department. (#20041113-Public Safety) |
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ACTION
REQUESTED: Adopt the annual resolution approving collection
of the E 9-1-1 User Fee for recurring operating costs of forty-four (.44)
cents from the local exchange telephone subscribers for FY 04-05. WHY ACTION
IS NECESSARY: Board approval is required on an annual basis by
F.S. 365.171. The telephone company also requires advance notice of any
changes in billing rates. WHAT ACTION
ACCOMPLISHES: Allows the local exchange telephone companies to
collect the user fee necessary for the recurring expenses of tariff rates,
database and equipment maintenance needed to support the Lee County Enhanced
Emergency Telephone Number network which provides for police, fire/rescue and
emergency medical services response.
(#20041130-E911) |
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ACTION
REQUESTED: Approve and execute an Agreement concerning the
Use of Real Estate or other Premises for Emergency Relief Efforts between Lee
County, and Lee Memorial Health System for a period of five (5) years for
Health Park Hospital. WHY ACTION
IS NECESSARY: Interlocal agreements require Board approval. WHAT ACTION
ACCOMPLISHES: Authorizes Lee County temporary use of property
located at 9800 South HealthPark Drive, Suite 2000, Fort Myers, for emergency
relief and recovery efforts.
(#20041131-Emergency Management) |
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ACTION REQUESTED: Approve and execute an Agreement concerning the
Use of Real Estate or other Premises for Emergency Relief Efforts between Lee
County, and Lee Memorial Health System for a period of five (5) years for
Cape Coral Hospital. WHY ACTION
IS NECESSARY: Interlocal agreements require Board approval. WHAT ACTION
ACCOMPLISHES: Authorizes Lee County temporary use of property
located at 650 Del Prado, Cape Coral for emergency relief and recovery
efforts. (#20041134-Emergency
Management) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION
REQUESTED: Execute Amendment to Interlocal Agreement Between
Lee County and the City of Bonita Springs Regarding Services Provided by the
Lee County Division of Natural Resources, Surface Water Program for
$100,332.00 annually for Fiscal Years 2004/2005 and 2005/2006. WHY ACTION
IS NECESSARY: Formalizes the continuation of Lee County Division
of Natural Resources services to the City of Bonita Springs. WHAT ACTION
ACCOMPLISHES: Provides Surface Water Program services to the
City of Bonita Springs.
(#20041121-Natural Resources) |
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ACTION REQUESTED: Authorize the Solid Waste Division to cease
charging 1% interest per month for the period of Sept 04 to Dec 05 for
delinquent solid waste assessments on current payment plans. WHY ACTION IS NECESSARY: Board approval required for freezing interest
charges for 4 months to delinquent accounts. WHAT ACTION ACCOMPLISHES: Recognizes Hurricane Charley’s financial impact on
Lee County. (#20041143-Solid Waste) |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: Approve Change Order No. 5 to Contract 2087, with
David Douglas Associates, Inc., for CN-02-06, THREE OAKS PARKWAY FOUR-LANING
FROM CORKSCREW ROAD TO ALICO ROAD, for a total not-to-exceed amount of
$73,600.00. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: The Consultant will provide, under Change Order
Number 5, Street Lighting Plans for the Three Oaks Parkway four-laning from
Corkscrew Road to Alico Road project.
(#20041097-Transportation) |
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ACTION REQUESTED: Approve funding a financial assistance grant for a
landscaping project and authorize the Chairman of the Board of County
Commissioner’s (BOCC) to execute the attached agreement. WHY ACTION IS NECESSARY: The Landscaping Funds Program requires the BOCC’s approval to fund the project and authorize the Chairman to execute the attached agreement. WHAT ACTION ACCOMPLISHES: Approves funding a grant for a landscaping project
in the center island area of a cul-de-sac located on Silvery Lane, pursuant
to the terms and conditions of the Landscaping Funds Program (AC 11-08) and
the attached agreement.
(#20041141-Transportation) |
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10. |
UTILITIES |
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ACTION REQUESTED: Approve construction of the water distribution and
gravity collection systems serving San
Marino. This is a
Developer-contributed asset project located on west side of Ben Hill Griffin
Parkway approximately 1 mile north of Corkscrew Road. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this proposed multi-family 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.
(#20041109-Utilities) |
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ACTION REQUESTED: Approval to remove account balances for Fiscal
Year 03/04 considered uncollectible for Lee County Utilities System in the
amount of $118,683.53, which is less than 1% of annual water and sewer
revenues. WHY ACTION IS NECESSARY: Uncollectibles result when customers’ bills remain
unpaid for various reasons. The three most significant reasons the accounts
remain unpaid are: 1) Closed customers not paying final bill amounts after
security deposits are applied and collection agency action; 2) Legal action
such as bankruptcy; 3) Sewer only customers who are not paying monthly sewer
utility bills. WHAT ACTION ACCOMPLISHES: Adjusts accounts receivable balance to reflect
anticipated collections.
(#20041148-Utilities) |
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11. |
PARKS AND RECREATION |
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ACTION
REQUESTED: Board approve and execute License agreement with
the Buckingham Radio Control Flyers for access and use of property at the
Boston Red Sox minor league complex belonging to Lee County. WHY ACTION
IS NECESSARY: Board approval is required for use. WHAT ACTION
ACCOMPLISHES: Allows usage of the minor league complex for the
flying of remote controlled aircraft.
(#20041123-Parks and Recreation) |
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12. |
COUNTY ATTORNEY |
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ACTION REQUESTED: Approve and authorize the Chairman’s signature on
a Release for the ST-AUS Surety Bond held by the County during the term of
the Lee County / ST-AUS contract term. WHY ACTION IS NECESSARY: The contract and the lawsuit between Lee County
and ST-AUS have been concluded. The
ST-AUS Surety should be released. WHAT ACTION ACCOMPLISHES: Releases the ST-AUS Surety from any future
obligation to Lee County.
(#20041186-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).
(#20041133-Clerk of Courts) |
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ACTION
REQUESTED: Approve Expenditures in the amount of $980,481 by the Lee County Sheriff’s Office. Revenues for these expenditures were from various fees, services, etc. that were collected by the Sheriff’s Office during the period of 05/01/04-09/08/04. WHY ACTION
IS NECESSARY: Board approval is needed to expend funds
collected. WHAT ACTION
ACCOMPLISHES: Enables Sheriff’s Office to offset
expenditures. (#20041119-Sheriff) |
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ACTION
REQUESTED: Approve transfer from the General Fund Reserves in
the amount of $1,561,861 and amend the Lee County Sheriffs Office annual
budget by the same amount to cover expenses incurred during Hurricane
Emergency Operations. WHY ACTION
IS NECESSARY: Board approval is needed to allocate funds. WHAT ACTION
ACCOMPLISHES: Enable the Sheriff’s Office to offset expenditures
incurred during Hurricane Emergency Operations. (#20041120-Sheriff) |
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September
21, 2004
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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: Board to determine and award the appropriate
pay-for-performance increases for the Contract Employees (County Manager,
Chief Hearing Examiner, and Hearing Examiner) based on the individual
evaluations completed by each Commission member. WHY ACTION IS NECESSARY: To remain consistent with the County philosophy of
pay-for-performance throughout the entire employee team. WHAT ACTION ACCOMPLISHES: This will reinforce the fact the Board supports
pay-for-performance throughout the organization regardless of the employee’s
level, and it rewards the Contract Employees for their performance and
contributions to the organization in fiscal year 2003-2004. (#20041085-Human Resources) |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION
REQUESTED: Waive formal procurement procedures and approve
and authorize the Chairman to sign a Memorandum of Understanding
("MOU") between Lee County and Covanta Energy, Inc, the current
operator of the County Waste to Energy facility, that outlines services,
costs, and responsibilities of the Parties for Engineering Oversight,
Construction Management and Start-Up of the Waste to Energy Third Unit
Expansion Project. WHY ACTION
IS NECESSARY: Purchases/contracts greater than $50,000 require
Board approval. WHAT ACTION
ACCOMPLISHES: Establishes an interim written understanding of
the roles, costs, and responsibilities for the County and Covanta Energy,
Inc. for the design and construction and of the Waste to Energy Expansion
Project (third unit). This MOU will
be replaced with a definitive agreement within the next year. (#20040814-Solid Waste) |
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ACTION REQUESTED: Waive formal procurement procedures for bid waiver BW-04-08 and approve a purchase order between Lee County and Covanta Energy, Inc, the current operator of the Waste to Energy facility and the sole source vendor/representative in North America for Martin GMbH, for one ‘Martin’ stoker/combustor unit to be utilized for the WTE expansion project. Total estimated cost is $6,177,000.00 depending on the dollar/euro exchange rate during the progress payment period and the amount of onsite technical supervision. WHY ACTION IS NECESSARY: Purchases/contracts greater then $50,000 require Board approval. WHAT ACTION ACCOMPLISHES: Allows Covanta, as the sole Martin representative
in the U.S., to procure in a timely manner the stoker/combustor to be
utilized for the Waste to Energy Expansion Project (third unit). Covanta has notified the County that this
equipment must be ordered prior to September 30, 2004 in order to keep firm
pricing that was established 1st quarter of 2004, or price
escalation will be invoked by the manufacturer. (#20041164-Solid Waste) |
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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: Provide direction to County Attorney with regard
to pending litigation on Greater Pine Island Community Plan Update (GPICPU). WHY ACTION IS NECESSARY: The study prepared by Hanson Real Estate Advisors,
Inc., estimates that, if the GPICPU goes into effect, it will result in a $60
million loss in market value to agricultural lands on Pine Island. This loss of market value is expected to
generate claims against the County under the Bert Harris Act totaling $60
million. WHAT ACTION ACCOMPLISHES: Enables the County Attorney to make necessary
preparations to pursue Board’s direction with regard to pending law
suit. (#20041038-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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WALK ON AGENDA ITEMS
September
21, 2004
Walk On |
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ACTION REQUESTED: REASON FOR WALK ON: |