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BOOK - 2000R - B.O.C.C.------------------------------------
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AUGUST 29, 2000
The
Regular Meeting
of the
was held this date with the following
Commissioners present:
PRESENTATIONS
Commissioner Coy commented on the value of recognizing and rewarding positive behavior in
children. He then read a resolution commending the “Do the Right Thing” Program for its encouragement of young
Do the Right Thing"
County. Program Director Trish Routte accepted the Resolution and remarked briefly on the benefits of the Program.
Cape Coral Police Chief Arnold Gibbs, Fort Myers Police Chief Larry Hart, Lee County Sheriff John J. McDougall,
and Fort Myers Program Spokesperson Carol Wynn thanked the Commissioners for their continued support.
(
#20000860-
Commissioner Coy)
years of service as Community Relations and Education Director of Lee County Association for Retarded Citizens
Professional of the Year"
State Chapter of the Association for Retarded Citizens (ARC) at their annual conference. Mr. Shears acknowledged
the efforts of LARC staff and volunteers on behalf of the disadvantaged, expressed his appreciation for the Board's
outstanding support, and described some of the other awards that LARC has received. (
#20000861-
Commissioner
Judah)
and Convention Bureau (VCB) had achieved finalist or winning status in six out of ten state award categories; and
remarked on the outstanding accomplishments of staff, consultants, and TDC/VCB Director Elaine McLaughlin. He
then read and presented a resolution expressing appreciation to Ms. McLaughlin, who will be retiring effective
September 15, 2000; commending her invaluable contributions to Lee County government; and proclaiming August
29, 2000, as "
that the tourism industry deserves the attention of the Board, that members of the TDC should be interested and
involved in County-wide issues, that County employees are dedicated to improving the lives of citizens, and that
recent County problems can be solved and should not result in a breakdown of the teamwork that has existed for the
last seven years. She added that the Commissioners have the difficult job of setting policy and providing diverse and
complex services, and commended them for their dedication. (
#20000862-
Commissioner Albion)
ANNOUNCEMENTS
Referring to the Agenda Revision
Recap Sheet
dated August 29, 2000, the Chairman announced that:
On Consent Agenda Item 14(c), August 08, 2000, Management and Planning Minutes should be
changed to August
07
, 2000, Management and Planning Minutes. The Chairman noted that the corrected language
would be considered part of the motion on this item.
Consent Agenda Item 1(b) will be moved to the Administrative Agenda to allow discussion.
One Walk-On Item will be heard following consideration of the Consent and Administrative Agenda.
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (CA) and Administrative (AA)
A1(b) - Sheriff's Office Budget Director
noted that the Sheriff's request for an
Equestrian Impound Facility had been inadvertently omitted from the Capital
Improvement Program and asked that this project be added to the list.
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A11(d) - Attorney
of the law firm of Pavese, Haverfield, Dalton, Harrison and
Jensen, representing Infinity Outdoor Advertising, expressed support for the
amendment to clarify and update 1995 ordinance changes related to Alico Road.
A1(b) - NAACP President
questioned the absence of the Palmetto Extension from the
Capital Improvement Program and urged the Board to move forward in
The following are the Consent Agenda items that each Board member wished to have discussed:
Commissioner St. Cerny – C6(a)
Commissioner Manning - None
Commissioner Coy – None
Commissioner Judah – C11(a)
Commissioner Albion – C1(c), C9(a), C9(b), C9(c), C9(d), C17(a) and C17(d)
The Items pulled were not heard in Consent Agenda order.
CONSENT AGENDA
1. COUNTY MANAGER
(a)
ACTION REQUESTED:
Execute a
, to transfer
WHY ACTION IS NECESSARY:
Before using CRA funds for park improvements, a maintenance agreement needs to be in place.
WHAT THE ACTION ACCOMPLISHES:
The execution of this agreement between the County and ECWCD is the final documentation for the
commencement of certain park improvements in Lehigh Acres. (
#20000805-
Economic Development)
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
(b)
ACTION REQUESTED:
Approve the proposed FY00/01-04/05 Capital Improvement Program Budget, as reviewed on July 12,
2000.
WHY ACTION IS NECESSARY:
Official action is required as follow-up to the CIP Workshop.
WHAT THE ACTION ACCOMPLISHES:
Allocates funding for the FY00/01-04/05 Capital Improvement Program and streamlines the project
evaluation process. (
#20000817-
Budget Operations)
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
Consent Agenda Item C1(b) will be moved to the Administrative Agenda to allow discussion.
SEE THAT PORTION OF THE MEETING FOR ACTION TAKEN.
(c)
ACTION REQUESTED:
Approve
, in the not-to-exceed
amount of $191,537.91, for Phase II of the Community Redevelopment Agency (CRA) project for
WHY ACTION IS NECESSARY:
$50,000.00. The amount of $191,537.91 for Change Order No. 02 to Contract No. 1298 will bring the
total overall project costs over $50,000.00.
WHAT THE ACTION ACCOMPLISHES:
Beautification CRA, to include plant material installation and landscape maintenance. (
#20000815-
Economic Development)
PULLED FOR DISCUSSION
In reply to Commissioner Albion's questions, Economic Development Director Janet Watermeier confirmed that, due
to the savings that can be realized by eliminating remobilization costs, it would not be worthwhile to go back out for
bids on Phase II. Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
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2. PLANNING AND CONSTRUCTION
No requests received.
3. COUNTY COMMISSIONERS
No requests received.
4. COMMUNITY DEVELOPMENT
(a)
ACTION REQUESTED:
Accept Petition #VAC2000-00016 to vacate a portion of the fifty-foot wide right-of-way of River
Road, adjacent to the southernmost line common to Lots 19 and 20A, part of the unrecorded
resubdivision of Lots 4-7 and part of Lot 3 and River Road, found in OR Book 579 at Page 690, and
County, Florida; and adopt a Resolution setting a Public Hearing for 5:00 p.m. on September 26, 2000.
WHY ACTION IS NECESSARY:
To construct an accessory structure to a principal residential use on Lot 20A. The subject road right-
of-way is undeveloped and is not required for future roadway purposes.
WHAT THE ACTION ACCOMPLISHES:
Sets the time and date of the Public Hearing.
(S09-T44S-R26E) (District #5) (
#20000518-
Development Services)
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
RESOLUTION 00-08-41
(b)
ACTION REQUESTED:
Accept Petition #VAC2000-00023 to vacate portions of a hundred-foot wide ingress-egress easement,
as recorded in OR Book 1971, Page 477, and portions of a ten-foot wide utility easement, as recorded
setting a Public Hearing for 5:00 p.m. on September 26, 2000.
WHY ACTION IS NECESSARY:
Portions of the above described easements are to be vacated as part of a proposed multi-family
apartment complex.
WHAT THE ACTION ACCOMPLISHES:
Sets the time and date of the Public Hearing.
(S19-T45S-R25E) (District #5) (
#20000732-
Development Services)
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
RESOLUTION 00-08-41b
(c)
ACTION REQUESTED:
Accept Petition #VAC2000-00046 to vacate a twelve-foot wide public utility easement centered on the
common lot line of Lots 10 and 11, Block 34, Unit 9 of Lehigh Acres Subdivision, as Recorded in Plat
Book 15, Page 18, and Deed Book 254, Page 70; and adopt a Resolution setting a Public Hearing for
5:00 p.m. on September 26, 2000.
WHY ACTION IS NECESSARY:
To combine adjacent lots into one building site.
WHAT THE ACTION ACCOMPLISHES:
Sets the time and date of the Public Hearing.
(S16-T44S-R27E) (District #5) (
#20000823-
Development Services)
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
RESOLUTION 00-08-43
5. HUMAN SERVICES
(a)
ACTION REQUESTED:
Approve
, regarding
activities in Harlem Heights.
WHY ACTION IS NECESSARY:
HUD regulations and County Administrative Code 15-2 require Board approval for significant HUD
CDBG Program Amendments.
WHAT THE ACTION ACCOMPLISHES:
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Facilitates the continued capacity building efforts for the Harlem Heights Neighborhood Association.
(
#20000848-
Human Services)
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
(b)
ACTION REQUESTED:
Authorize the Chairman of the Board of County Commissioners to sign a
Satisfaction of Mortgage, for
for other homeowners.
WHY ACTION IS NECESSARY:
The Board of County Commissioner must approve all Satisfactions of Mortgage.
WHAT THE ACTION ACCOMPLISHES:
Enables lower-income homeowners to sell their homes due to a family situation. (
#20000849-
Human
Services)
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
6. INDEPENDENT DIVISIONS
(a)
ACTION REQUESTED:
Award a
Service Provider Agreement for CN-00-07, Compensation and Classification Study, to DMG
, for a contract amount of $70,000.00.
WHY ACTION IS NECESSARY:
Pursuant to the Contract Manual for Professional Services, approved by the Board on April 21, 1993,
the Board is required to approve all Professional Services Agreements.
WHAT THE ACTION ACCOMPLISHES:
The study is to include approximately 1,600 full-time employees in approximately 273 classifications.
(
#20000839-
Human Resources)
PULLED FOR DISCUSSION
In response to Commissioner St. Cerny's suggestion that, because of the tight budget situation, in-house staff might be
used to conduct this study, Human Relations Director Joanie Glance described the requirements of the study; and
stated that a professional outside firm can provide the required dedicated personnel and large database. County
Manager Donald D. Stilwell pointed out that similar annual studies have been performed in-house for the last ten
years, and that an independent analysis should be done every ten years. Commissioner Albion and Mr. Stilwell briefly
discussed whether the County could cooperate with the Constitutional Officers and others to obtain a better price on
future studies. Commissioner Judah pointed out that an independent consultant is necessary to maintain objectivity,
and moved approval of the item, seconded by Commissioner Manning. Commissioner Albion noted that the cost of
the study is less than the cost to train replacements for employees lost to better opportunities. The motion was called
and carried, with Commissioner St. Cerny voting nay.
7. PUBLIC SERVICE DIVISIONS
(a)
ACTION REQUESTED:
Approve a
transfer
from the General Fund, in the amount of $52,815.57, to move the activity for
Extension Services Family Connection Center (FCC) into its own fund/subfund.
WHY ACTION IS NECESSARY:
Board must approve interfund transfers.
WHAT THE ACTION ACCOMPLISHES:
Will provide a mechanism to systematically track the net income for the FCC. (
#20000829-
Parks and
Recreation)
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
RESOLUTION 00-08-44
(b)
ACTION REQUESTED:
Authorize the Chairman to execute
(DCA) Contract 99-FM-Q2-09-46-01-003,
to extend the grant to September 30, 2001.
WHY ACTION IS NECESSARY:
Commission Chairman’s signature is required to execute the modification.
WHAT THE ACTION ACCOMPLISHES:
Extends the agreement to September 30, 2001. (
#20000842-
Public Safety)
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Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
8. SOLID WASTE-NATURAL RESOURCES
No requests received.
9. TRANSPORTATION
(a)
ACTION REQUESTED:
Approve a
agreement with any minor modifications from FHWA and FDOT. The grant is for a feasibility study
to determine the placing of queue jumps at strategic locations in the existing transportation network, in
the amount of $386,600.00. Also, amend the Capital Improvement Program (CIP) to add this project;
and approve a
transfer
from reserves in the amount of $38,660.00 for local match.
WHY ACTION IS NECESSARY:
BOCC approval is required on all contracts and amendments to the Capital Improvement Program.
WHAT THE ACTION ACCOMPLISHES:
#20000844-
PULLED FOR DISCUSSION
Commissioner Albion requested a motion to accept Consent Agenda Items 9(a), 9(b), 9(c), and 9(d), with the
provision that the Chairman would be authorized to approve minor changes in order to meet the federal funding
deadline of September 30, 2000. Commissioner Manning so moved, seconded by Commissioner Coy. Amelia
Hughes, of the DOT Fiscal Office, stated that there would be some minor revisions and emphasized the need to submit
the applications promptly. The motion was called and carried.
(b)
ACTION REQUESTED:
Approve a
agreement with any minor modifications from FHWA and FDOT. The grant is for expansion of the
Variable Pricing Program to heavy vehicles, in the amount of $1,295,000.00. Also, amend the Capital
Improvement Program (CIP) to add this project; and approve a
transfer
from reserves in the amount of
$129,500.00 for local match.
WHY ACTION IS NECESSARY:
BOCC approval is required on all contracts and amendments to the Capital Improvement Program.
WHAT THE ACTION ACCOMPLISHES:
#20000845-
PULLED FOR DISCUSSION
Commissioner Albion requested a motion to accept Consent Agenda Items 9(a), 9(b), 9(c), and 9(d), with the
provision that the Chairman would be authorized to approve minor changes in order to meet the federal funding
deadline of September 30, 2000. Commissioner Manning so moved, seconded by Commissioner Coy. Amelia
Hughes, of the DOT Fiscal Office, stated that there would be some minor revisions and emphasized the need to submit
the applications promptly. The motion was called and carried.
(c)
ACTION REQUESTED:
Authorize the Chairman to sign a
Local Agency Program Agreement,
for the expansion of variable
WHY ACTION IS NECESSARY:
FDOT has a standard from that must be completed to ensure that Federal and State funds are spent in
accordance with all applicable State and Federal laws and requirements.
WHAT THE ACTION ACCOMPLISHES:
Federal and State funds. (
#20000846-
PULLED FOR DISCUSSION
Commissioner Albion requested a motion to accept Consent Agenda Items 9(a), 9(b), 9(c), and 9(d), with the
provision that the Chairman would be authorized to approve minor changes in order to meet the federal funding
deadline of September 30, 2000. Commissioner Manning so moved, seconded by Commissioner Coy. Amelia
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Hughes, of the DOT Fiscal Office, stated that there would be some minor revisions and emphasized the need to submit
the applications promptly. The motion was called and carried.
(d)
ACTION REQUESTED:
Authorize the Chairman to sign a
Local Agency Program Agreement,
for a feasibility study to
determine placing queue jumps at strategic locations in the existing transportation network, with the
WHY ACTION IS NECESSARY:
FDOT has a standard form that must be completed to ensure that Federal and State funds are spent in
accordance with all applicable State and Federal laws and requirements.
WHAT THE ACTION ACCOMPLISHES:
Federal and State funds. (
#20000847-
PULLED FOR DISCUSSION
Commissioner Albion requested a motion to accept Consent Agenda Items 9(a), 9(b), 9(c), and 9(d), with the
provision that the Chairman would be authorized to approve minor changes in order to meet the federal funding
deadline of September 30, 2000. Commissioner Manning so moved, seconded by Commissioner Coy. Amelia
Hughes, of the DOT Fiscal Office, stated that there would be some minor revisions and emphasized the need to submit
the applications promptly. The motion was called and carried.
10. UTILITIES
(a)
ACTION REQUESTED:
Approve construction of a water main extension serving the Neff Rental Facility. This is a developer
contributed asset; and the project is located on the west side of Metro Parkway, approximately 1/2 mile
north of Daniels Parkway.
WHY ACTION IS NECESSARY:
To provide potable water service and fire protection to the proposed light industrial development.
WHAT THE ACTION ACCOMPLISHES:
infrastructure to support development of the subject property. (
#20000791-
Utilities)
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
(b)
ACTION REQUESTED:
contributed asset; and the project is located on the east side of US 41 north, approximately 1/2 mile
north of the Business 41 intersection.
WHY ACTION IS NECESSARY:
To provide potable water service and fire protection to this phase of the proposed single-family
development.
WHAT THE ACTION ACCOMPLISHES:
infrastructure to support development of the subject property. (
#20000801-
Utilities)
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
(c)
ACTION REQUESTED:
Approve
, for
installation of the Olga Chlorine Dioxide Feed System, including the installation of all the electrical
equipment necessary for the project at the Olga Water Treatment Plant (WTP), in the not-to-exceed
amount of $107,100.00. Also, amend FY00-04 Capital Improvement Program Budget; and approve a
budget transfer
to increase funding of Project #207098, Fluoridation System Water Treatment Plant
Project, by $120,000.00, to fund the change order needed for completion of this project. Funds will be
WHY ACTION IS NECESSARY:
The project cost exceeds $50,000.00, which requires BOCC approval.
WHAT THE ACTION ACCOMPLISHES:
Replaces the existing chlorine dioxide system at the Olga WTP in order to improve the disinfection
system at the plant. (
#20000853-
Utilities)
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
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11. COUNTY ATTORNEY
(a)
ACTION REQUESTED:
Approve the proposed
Reflection Lakes IDD Canal H-2 Realignment Agreement.
WHY ACTION IS NECESSARY:
Board approval is necessary in order to allow the developer to proceed with development as proposed.
WHAT THE ACTION ACCOMPLISHES:
Allows the developer to proceed with development, while providing the County with adequate drainage
and water quality capacity to accommodate the six-laning of Cypress Lake Drive. (
#20000840-
County
Attorney)
PULLED FOR DISCUSSION
Natural Resources Environmental Sciences Deputy Director Roland Ottolini and Randy Banks, of Banks Engineering,
responded to Commissioner Judah's inquiries regarding the requirement that the developer create and maintain a flow-
way next to Lakes Park. Commissioner Judah moved approval of the item, seconded by Commissioner Coy, called
and carried.
12. HEARING EXAMINER
No requests received.
13. PORT AUTHORITY
No requests received.
14. 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 THE ACTION ACCOMPLISHES:
Compliance with the requirements of FS 136.06(1). (
Clerk of Courts)
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
February 02, 1999 (Regular)
May 11, 1999 (Regular)
May 18, 1999 (Regular)
June 01, 1999 (Regular)
June 22, 1999 (Regular)
July 13, 1999 (Regular)
August 31, 1999 (Regular)
November 09, 1999 (Regular)
December 14, 1999 (Regular)
(
Clerk of Courts)
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
February 01, 2000 (Regular)
March 28, 2000 (Regular)
April 11, 2000 (Regular)
April 25, 2000 (Regular)
June 20, 2000 (Regular)
July 17, 2000 (Zoning)
August 08
07
, 2000 (Management & Planning)
(
Clerk of Courts)
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
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On Consent Agenda Item 14(c), August 08, 2000, Management and Planning Minutes should be changed to August
07
, 2000, Management and Planning Minutes. The Chairman noted that the corrected language would be considered
part of the motion on this item.
Commissioner Manning moved approval, to include the corrected date, seconded by Commissioner Judah, called and
carried.
(d)
ACTION REQUESTED:
Present for information purposes the
Monthly Financial Report for the month of July 2000.
WHY ACTION IS NECESSARY:
Commissioners. Also included, in compliance with Florida Statute 218.415, Local, Government
Investment Policies, is the stated and fair market value of the investments managed by the Clerk’s
Office.
WHAT THE ACTION ACCOMPLISHES:
The purpose of this report is to convey to the Board the financial status of selected significant funds of
the Lee County Board of County Commissioners, the status of specific revenues as of the stated dates,
and the market value of the investments managed by the Clerk’s Office on behalf of the Board. (
Clerk
of Courts)
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
(e)
ACTION REQUESTED:
Approve the expenditure of $36,175.00 from the Law Enforcement Trust Fund.
WHY ACTION IS NECESSARY:
Florida State Statute 932.7055 requires the Board of County Commissioners' approval of expenditures
from the Law Enforcement Trust Fund, which is funded by revenues from confiscated property.
WHAT THE ACTION ACCOMPLISHES:
County. (
#20000825-
Sheriff)
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
15. COMMUNITY REDEVELOPMENT AGENCY
No requests received.
16. VISITOR AND CONVENTION BUREAU
(a)
ACTION REQUESTED:
Accept the sole Proposal, received from
BVK/McDonald,
for RFP-00-10, Tourism Advertising,
Program Planning, Creation, and Implementation; and authorize contract negotiations to commence
with this firm. Further, authorize the Chairman to execute an agreement for an amount not to exceed
$2,700,000.00 for the first year, with a contract period of October 1, 2000, through September 30,
2003, with the option of renewal for two (2) one-year periods.
WHY ACTION IS NECESSARY:
Pursuant to the Contract Manual for Professional Services, approved by the Board on April 21, 1993,
the Board is required to approve consultant rankings and contract negotiations.
WHAT THE ACTION ACCOMPLISHES:
The selected proposer shall be the principal advisor and provider to the Visitor & Convention Bureau
(VCB) for the following advertising services: development of a strategic advertising plan; creative
strategy, creation, and production of all advertising; placement of advertising, regardless of type, at the
lowest competitive rate; development and coordination of media plans; brand marketing; creation and
implementation of cooperative advertising programs; and development of promotions in order to
stretch the reach of the advertising budget. Funds are available from the Tourist Development Tax
Fund, HB5520317400-504810. (
#20000830-
Visitor & Convention Bureau)
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
17. PUBLIC WORKS DIVISION
(a)
ACTION REQUESTED:
Accept a
donation,
from Alico, Inc., of Parcel 111A, an easement for a 11,600
±
square foot strip of
land, adjacent to the north side of Alico Road in Fort Myers, for the Alico Road Widening Project No.
4030; authorize payment of necessary fees to close in the approximate amount of $50.00; and authorize
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the Division of County Lands to handle and accept all documentation necessary to complete the
transaction.
WHY ACTION IS NECESSARY:
WHAT THE ACTION ACCOMPLISHES:
The acquisition of property during the voluntary phase of the project will avoid the Board’s need to
exercise its power of Eminent Domain at a future date. (
#20000763-
County Lands)
PULLED FOR DISCUSSION
After Commissioner Albion thanked Alico, Inc. for their donation, Commissioner Manning moved approval of the
item, seconded by Commissioner Judah, called and carried.
(b)
ACTION REQUESTED:
Approve the
purchase
of Parcel 1536, STRAP No. 33-44-23-C1-05908.0240, a vacant non-waterfront
No. 4034, from Helen Silverberg, in the amount of $9,000.00, pursuant to the terms and conditions as
set forth in the Purchase Agreement; authorize payment of necessary fees to close in the approximate
amount of $300.00; and authorize the Division of County Lands to handle and accept all
documentation necessary to complete this transaction.
WHY ACTION IS NECESSARY:
WHAT THE ACTION ACCOMPLISHES:
The acquisition of property during the voluntary phase of the project will avoid the Board’s need to
exercise its power of Eminent Domain at a future date. (
#20000794-
County Lands)
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
(c)
ACTION REQUESTED:
Approve the
purchase
of Parcel 1546, STRAP No. 33-44-23-C1-05890.0020, a vacant waterfront
No. 4034, from Johanna Bopp, in the amount of $12,765.00, pursuant to the terms and conditions as set
forth in the Purchase Agreement; authorize payment of necessary fees to close in the approximate
amount of $300.00; and authorize the Division of County Lands to handle and accept all
documentation necessary to complete this transaction.
WHY ACTION IS NECESSARY:
WHAT THE ACTION ACCOMPLISHES:
The acquisition of property during the voluntary phase of the project will avoid the Board’s need to
exercise its power of Eminent Domain at a future date. (
#20000802-
County Lands)
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
(d)
ACTION REQUESTED:
Approve staff recommendation to award Formal Quotation #Q-000436, for the sale of property, parts
of STRAP Nos. 31-44-24-C1-00821.0130 and 31-44-24-C1-00821.0230, located at the southwest
Department of Public Works, Division of County Lands, to the sole quoter meeting all specifications,
Also,
authorize the Chairman to execute the
County Deed;
and authorize the Division of County Lands to
handle and accept all documentation necessary to complete this transaction.
WHY ACTION IS NECESSARY:
On May 16, 2000, the Board directed Staff to dispose of this surplus property in accordance with the
WHAT THE ACTION ACCOMPLISHES:
Complies with the Board’s direction. (
#20000813-
County Lands)
PULLED FOR DISCUSSION
County Lands Acquisition Program Manager Robert G. Clemens responded to Commissioner Albion's inquiry by
stating that an appraisal was not performed, that the value was based on the $1.60 per square foot paid by the County
for the property, and that the sale price of $2.08 per square foot is satisfactory for a remnant piece that has value only
for an adjoining property owner. Commissioner Manning moved approval, seconded by Commissioner Judah, called
and carried.
ADMINISTRATIVE AGENDA
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1. COUNTY MANAGER
(b)
ACTION REQUESTED:
Approve the proposed FY00/01-04/05 Capital Improvement Program (CIP) Budget, as reviewed on
July 12, 2000.
WHY ACTION IS NECESSARY:
Official action is required as follow-up to the CIP Workshop.
WHAT THE ACTION ACCOMPLISHES:
Allocates funding for the FY00/01-04/05 Capital Improvement Program and streamlines the project
evaluation process. (
#20000817-
Budget Operations)
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
Consent Agenda Item C1(b) will be moved to the Administrative Agenda to allow discussion.
Commissioner Judah expressed his concern that the $300,000.00 committed by the Board to the completion of
DeLeon Park was not included, and asked that this item be inserted. Planning and Construction Director Jim
Lavender explained that, per previous Board direction, the funds for this project would be taken from reserves and
repaid from impact fees after fulfillment of the obligation for the pool at Florida Gulf Coast University (FGCU).
There was brief general discussion regarding the confusion created by the last sentence in the Blue Sheet Background,
during which Mr. Lavender and County Manager Donald D. Stilwell assured the Board that the funds will be
available. Commissioner Coy added that any agreement with the City of Fort Myers will state that City and non-City
residents will pay the same fee for the DeLeon pool. Some of the topics considered during the Board discussion of the
Palmetto Avenue Extension were: application deadlines for potential grants, the establishment of an MSTBU, the need
for a list of projects and funding sources, the commitment of the Board to work with the City, and the costs and status
of the Project Development and Environmental (PD&E) study. Commissioner Albion suggested that details of the
agreement with the City be worked out prior to the budget hearings in September. Throughout the discussion, Amelia
Hughes, of the DOT Fiscal Office, responded to questions from the Commissioners. Commissioner Manning moved
approval of the item with the recommended changes to include $300,000.00 for DeLeon Park and $275,000.00 for the
Palmetto Extension, seconded by Commissioner Judah. In reply to Commissioner Albion's inquiry regarding the
Sheriff's request for an Equestrian Facility, Assistant County Manager Bruce Loucks explained that other law
enforcement needs have taken priority over this project; and stated that a position paper will be prepared for the Board
before the budget hearings. After a brief general discussion regarding items to be considered at the first budget
hearing, the motion was called and carried.
2. PLANNING AND CONSTRUCTION
No requests received.
3. COUNTY COMMISSIONERS
No requests received.
4. COMMUNITY DEVELOPMENT
No requests received.
5. HUMAN SERVICES
No requests received.
6. INDEPENDENT DIVISIONS
No requests received.
7. PUBLIC SERVICE DIVISIONS
No requests received.
8. SOLID WASTE-NATURAL RESOURCES
No requests received.
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No requests received.
10. UTILITIES
No requests received.
11. COUNTY ATTORNEY
(a)
ACTION REQUESTED:
Adopt an
pertaining to the collection and
disbursement of impact fees.
WHY ACTION IS NECESSARY:
Board approval is required for all interlocal agreements.
WHAT THE ACTION ACCOMPLISHES:
The interlocal agreement outlines the procedures that will be followed by the County with regard to the
collection and disbursement of impact fees for development within the incorporated limits of the City
#20000294-
County Attorney)
Commissioner Manning moved approval, seconded by Commissioner St. Cerny. After Commissioner Judah
commended the City of Bonita Springs and County staff for working to achieve a smooth transition, the motion was
called and carried.
(b)
ACTION REQUESTED:
(P1520/Montzka), for Veterans Parkway Project #4034, in the amount of $9,500.00 including all
attorney and appraiser fees.
WHY ACTION IS NECESSARY:
To approve settlement.
WHAT THE ACTION ACCOMPLISHES:
Concludes acquisition of Parcel 1520. (
#20000843-
County Attorney)
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
(c)
ACTION REQUESTED:
WHY ACTION IS NECESSARY:
To approve settlement.
WHAT THE ACTION ACCOMPLISHES:
Settles all claims except fees and costs. (
#20000850-
County Attorney)
Commissioner Manning moved approval, seconded by Commissioner Coy for discussion. Commissioner Coy
congratulated County Attorney James G. Yaeger and the County Attorney's Office, particularly Assistant County
Attorney John J. Renner, for negotiating a settlement amount that is significantly less than the original settlement
offer. The motion was called and carried.
(d)
ACTION REQUESTED:
Direct expedited amendment of Land Development Code (LDC) §30-183, Billboards; authorize
publication of proposed changes; exempt proposed amendment from review of all committees except
the Local Planning Agency (LPA); and direct amendments to public hearings for adoption.
Recommended hearing dates are as follows: Local Planning Agency - August 28, 2000; first Public
Hearing - September 12, 2000; and second Public Hearing - September 26, 2000.
WHY ACTION IS NECESSARY:
Public hearings are necessary to adopt amendments to the LDC.
WHAT THE ACTION ACCOMPLISHES:
Sets hearing dates before LPA and Board of County Commissioners (BOCC). (
#20000855-
County
Attorney)
Commissioner Manning moved the item to Public Hearings, seconded by Commissioner Judah. Assistant County
Attorney Timothy Jones described the situation that precipitated this request, reviewed the various options available to
the Board concerning the updated list of arterial roads, explained the positions of the LPA and the Community
Development Department, and requested Board direction as to the desired scope of the amendment. There was Board
consensus that the expanded version of the list was not desirable. Attorney Jones responded to inquiries from the
Commissioners regarding the Public Hearing schedule, the LPA and Community Development recommendations to
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limit the number of allowable roads, and the actual direction from the Board in 1995. Community Development
Director Mary Gibbs reported that the design work is almost finished. After Commissioner Manning noted the need
to consider the visual aspects of any roads that are allowed, the motion was called and carried.
12. HEARING EXAMINER
No requests received.
13. PORT AUTHORITY
No requests received.
14. CONSTITUTIONAL OFFICERS
No requests received.
15. COMMUNITY REDEVELOPMENT AGENCY
No requests received.
16. VISITOR AND CONVENTION BUREAU
No requests received.
(a)
ACTION REQUESTED:
Approve a Resolution of Surplus Real Property declaring County-owned property located in the Idalia
Subdivision, East Lee County, as surplus; and authorize the Division of County Lands, in cooperation
with the Purchasing Division, to advertise, accept sealed bids, and dispose of surplus property in
WHY ACTION IS NECESSARY:
County owned property must be declared surplus by the Board of County Commissioners before it can
be sold.
WHAT THE ACTION ACCOMPLISHES:
#20000827-
County Lands)
Commissioner Manning moved approval, seconded by Commissioner Coy. Commissioner Judah expressed his
concern that this sale would result in a net loss of public water access. Commissioner Albion described the problems
created by people trespassing on the property, and suggested that the money from the sale could be designated
specifically for improvements to water access elsewhere. County Lands Director Karen L. Forsyth explained that it is
difficult to monitor and maintain the property; described actions taken in response to complaints from neighboring
property owners; reported that a pending Conservation 2020 purchase will result in an additional mile of river
frontage; and noted that this property does not have actual river frontage because it is separated from the river by a
100-foot strip owned by the South Florida Water Management District (SFWMD). In response to Commissioner
Albion's questions, Ms. Forsyth stated that the property was appraised at approximately $500,000.00; that Board
approval of this request will allow staff to investigate the potential for selling it; and that any proposed sale will
require additional Board approval. Among the topics considered during the Board discussion which followed were:
the options available to the Board, the cost to the County of keeping the property, the Board's "no net loss" concern,
the possibility of later rescinding the surplus property designation, and the recommendation of the Waterways
Advisory Committee that sale proceeds go to the Conservation 2020 Program. After Commissioner Manning
indicated his willingness to add a stipulation to the motion concerning the sale proceeds, Commissioner Judah
suggested that staff be directed to purchase similar access property prior to selling this parcel and to explore the
possibility of an agreement with SFWMD. Throughout the discussion, Ms. Forsyth and County Attorney James G.
Yaeger responded to questions and provided additional information. Commissioner Albion suggested that the Board
stipulate that the money be used toward a like-kind purchase of river access property. The maker of the motion and
seconder agreed. Commissioner Albion noted that this is an opportunity to utilize the value of the property and to
eliminate the cost of maintaining it, that it may be appropriate to work with other agencies on the stipulated land
purchase, and that a like-kind exchange could also be considered. Commissioner Judah indicated his concerns that the
stipulated purchase may not occur and that the sale proceeds may not be sufficient to purchase similar river access
property. Commissioner Albion requested that, if the sale occurs within the next six months, the stipulated purchase
should occur within two years. After the maker and seconder agreed with the suggestion of Public Parks and
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Recreation Director John Yarbrough that the stipulation require “water” access rather than “river” access, the motion
was called and carried with Commissioners St. Cerny and Judah voting nay.
RESOLUTION 00-08-47
WALK-ON ITEM NO. 1
10. UTILITIES
ACTION REQUESTED:
Approve
Change Order #181 to Contract #1409 with Severn-Trent-Avatar Utility Services, LLC,
in the
amount of $1,217,775.00 (lump sum), in the form of a base fee for a three-month extension of their
existing contract for the Operations and Maintenance of the original Lee County Utilities System, an
$200,000.00 per month for additional pass through costs. Approve
Change Order #3 to Contract #1435
with Severn-Trent-Avatar Utility Services, LLC,
in the amount of $1,331,862.00 (lump sum), in the
form of a base fee for a three-month extension of their existing contract for the Operations and
and an additional $4,000.00 per month for FPL’s electric rate increase.
WHY ACTION IS NECESSARY
These two existing contracts expired May 31, 2000; and were extended with Change Orders #174 and
#179 to Contract #1409, and Change Orders #1 and #2 to Contract #1435, with Severn-Trent-Avatar
Utility Services, LLC, (S-T-Avatar) for three months. However, it will not be possible to have a new
contract in place prior to September 1, 2000. In accordance with Administrative Code AC-4-4 of the
WHAT THE ACTION ACCOMPLISHES
Provides for an additional three-month extension to these two existing contracts for the Operations and
#20000864-
Utilities)
REASON FOR WALK-ON:
Current extension expires August 31, 2000; and it must be approved before that time.
Commissioner Manning moved approval, seconded by Commissioner Coy for discussion. In response to
Commissioner Coy’s inquiries, County Manager Donald D. Stilwell confirmed that the expiration date of the three-
month extension will be November 30, 2000; that the final audit of S-T-Avatar should be available within two weeks;
and that the bid protest regarding S-T-Avatar and Azurix will come back to the Board on October 10, 2000. Assistant
County Attorney David M. Owen stated that, after the Board makes a decision on October 10, the balance of the
contract term through November 30 will allow for transition if necessary. The motion was called and carried with
Commissioner St. Cerny voting nay.
AT THIS TIME, COMMISSIONER ST. CERNY LEFT THE CHAMBERS AND WAS ABSENT FOR THE
REMAINDER OF THE MEETING.
COMMISSIONER ITEMS
apparently a dispute regarding the possible construction of a 40-foot water conveyance on Twin Eagle Lane, and
suggested that all parties meet to resolve this issue and present a position paper to the Board. He added that
documentation on the issue goes back as far as 1981.
BOOK DRIVE FOR J. COLIN ENGLISH ELEMENTARY SCHOOL - Commissioner Coy announced
a drive to obtain old and new books suitable for children at the K-5 level, and suggested that anyone wishing to donate
appropriate books should bring them to his office during the month of September.
COMMITTEE APPOINTMENTS
Commissioner Manning moved to reappoint
to the
HOUSING FINANCE
AUTHORITY
, seconded by Commissioner Coy, called and carried with Commissioner St. Cerny absent.
ADVISORY COMMITTEE
, seconded by Commissioner Coy, called and carried with Commissioner St. Cerny
absent.
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CHERRY/BLUEBERRY SPECIAL
IMPROVEMENT UNIT COMMITTEE
, seconded by Commissioner Coy, called and carried with Commissioner
St. Cerny absent.
ADJUSTMENTS AND APPEALS
, seconded by Commissioner Coy, called and carried with Commissioner St.
Cerny absent.
DISTRICT 8
, seconded by Commissioner Coy, called and carried with Commissioner St.
Cerny absent.
COUNTY MANAGER ITEMS
COUNTY ATTORNEY ITEMS
The Chairman adjourned the meeting at 11:10 a.m.
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