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BOOK - 2000R - B.O.C.C.------------------------------
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MAY 02, 2000
The
Regular Meeting
of the
was held this date with the following
Commissioners present:
COMMISSIONER COY WAS ABSENT
FOR THE ENTIRE MEETING BECAUSE HE WAS OUT OF TOWN.
ANNOUNCEMENTS
Referring to the Agenda Revision
Recap Sheet
dated May 02, 2000, the Chairman announced that
Commissioner St. Cerny will read and present the resolution to the Letter Carriers since Commissioner Coy is out of
town.
PRESENTATIONS
Commissioner St. Cerny read and presented a Resolution proclaiming May 13, 2000, as
Letter Carriers
National Food Drive Day.
Bank were present to accept the resolution. (
#20000410)
Commissioner Albion read and presented a Resolution declaring that
National Drug Court Month
be
established during the month of May, 2000. Judge Thomas Corbin and Judge Edward Volz were present to accept the
resolution. (
#20000416)
Commissioner Judah read and presented a Resolution proclaiming May 14 to May 20, 2000, as
stated that May 15, 2000, will be the annual memorial dedication for their fallen brothers. (
#20000423)
listed 47 employees are to receive Length of Service awards today and noted that there is a combined total of 695
years of service between them. As Ms. Glance read the names, those employees who were present at the meeting
came forward to accept their certificates and to be congratulated by the Commissioners and Administrative Staff.
(
#20000089)
25 YEARS
20 YEARS
Elizabeth Valver, Internal Services
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BOOK - 2000R - B.O.C.C.------------------------------
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15 YEARS
Bruce Goeller, Public Safety
Mark Clugston, Public Safety
Lori Baquero, Internal Services
10 YEARS
Robert Franceschini, Purchasing Services
Thomas Rudland, Traffic, DOT
Joseph O’Connor, Tolls, DOT
Michael Avoglia, Engineering, DOT
Sophie Salpietro, DCD Development Services
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (CA) and Administrative (AA)
No one came forward to offer comment.
The following are the Consent Agenda items that each Board member wished to have discussed:
Commissioner Manning - none
Commissioner St. Cerny - none
Commissioner Judah - none
Commissioner Albion - 2(c), 7(b)
CONSENT AGENDA
1. COUNTY MANAGER
(a)
ACTION REQUESTED:
Present to the Board for information and filing the Object Code #504015 Expenditure Report for the
Second Quarter of FY00 (January through March, 2000).
WHY ACTION IS NECESSARY:
WHAT THE ACTION ACCOMPLISHES:
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BOOK - 2000R - B.O.C.C.------------------------------
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Allows the Board to monitor expenditures being made by county departments and divisions to this
object code. (The Report can be found in the Agenda backup material.) (
#20000387-
County Manager)
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Coy absent.
2. PLANNING AND CONSTRUCTION
(a)
ACTION REQUESTED:
Division), to the low quoter meeting all specification requirements,
at
a cost of $415,614.00 per year for 3 years, for a total award amount of $1,246,842.00 plus increases of
the Consumer Price Index. The term of this contract is for three years, with an annual increase based
on the Consumer Price Index after the first year. Additionally, approve the use of other miscellaneous
charges as given on the quotation tabulation sheet. Also request authority to renew this contract for the
additional two-year period, upon mutual agreement of both parties, if in the best interest of Lee County.
WHY ACTION IS NECESSARY:
To establish a formal agreement with a firm to provide janitorial service for County facilities in the
WHAT THE ACTION ACCOMLISHES:
Establishes a competitive, fair-market price for janitorial services for County facilities in the downtown
#20000321-
Facilities Management)
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Coy absent.
(b)
ACTION REQUESTED:
Approve
Addendum to the Construction Manager Agreement, for the Veterans Park (RFQ-00-01), with
, to include the Guaranteed Maximum Price (GMP) for Phase I.B.C in the
amount of $275,055.00, which includes the six percent (6 %) Construction Manager fee.
WHY ACTION IS NECESSARY:
approved by the Board on April 21, 1993, construction projects estimated to be over level four
authorization will be executed through the formal advertised process.
WHAT THE ACTION ACCOMLISHES:
Construction of Veterans Park for this phase includes construction of the designed soccer field with site
lighting at the Lehigh Middle School adjacent to Veteran’s Park. (
#20000381-
Construction & Design)
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Coy absent.
(c)
ACTION REQUESTED:
to Ultimate Pools, Inc.
WHY ACTION IS NECESSARY:
expenditures in excess of $50,000.00 require Board approval.
WHAT THE ACTION ACCOMLISHES:
Provides the Parks & Recreation Division with a contractor to make the repairs needed to the North
#20000392-
Construction & Design)
PULLED FOR DISCUSSION
Planning and Construction Director Jim Lavender responded to questions, and explained that the lawsuit against the
material manufacturer of the pool might cost more than it is worth. Commissioner Albion expressed concern over the
company not honoring their warranty; and suggested that Staff look into the matter. Commissioner Manning moved
the item, seconded by Commissioner Judah, called and carried with Commissioner Coy absent.
3. COUNTY COMMISSIONERS
No requests received.
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BOOK - 2000R - B.O.C.C.------------------------------
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4. COMMUNITY DEVELOPMENT
No requests received.
5. HUMAN SERVICES
(a)
ACTION REQUESTED:
Authorize Chairman to sign the
1999 Shelter Plus Care Agreement between the U.S. Department of
once the
Request for Release of Funds and Certification
is complete and the
Center
prepared. Adopt a budget amendment resolution in the amount of $295,140.00, pursuant to this
grant.
WHY ACTION IS NECESSARY:
Board action is required to execute the 1999 Shelter Plus Care Agreement.
WHAT THE ACTION ACCOMPLISHES:
Provides needed affordable housing services for homeless persons with mental health and/or substance
abuse disabilities. (
#20000361-
Human Services)
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Coy absent.
RESOLUTION NO. 00-05-01
6. INDEPENDENT DIVISIONS
No requests received.
7. PUBLIC SERVICE DIVISIONS
(a)
ACTION REQUESTED:
Request Board approval of
Lease and Easement Agreement with Wireless One Network, L.P.,
whose
WHY ACTION IS NECESSARY:
effective to lease space from Wireless One in exchange for granting Wireless One a license to use space
WHAT THE ACTION ACCOMLISHES:
Provides the County with a highly desirable location to install new 821 MHz equipment in exchange
#20000375-
Public Safety)
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Coy absent.
(b)
ACTION REQUESTED:
Approve
Medical Services. The annual cost for leasing the space will be $6,000.00 or $500.00 monthly. The
term of this agreement will be for one (1) year with annual renewals under the same terms and
conditions. Lease can be terminated by giving three (3) months advance written notice.
WHY ACTION IS NECESSARY:
Board must approve all lease agreements.
WHAT THE ACTION ACCOMLISHES:
into a more central location. (
#20000345-
Public Safety/EMS)
PULLED FOR DISCUSSION
EMS Program Manager Chris Hansen responded to Commissioner Albion’s questions and reviewed competitive lease
costs. After discussion, Commissioner Manning moved the item, seconded by Commissioner Judah, called and
carried with Commissioner Coy absent.
(c)
ACTION REQUESTED:
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BOOK - 2000R - B.O.C.C.------------------------------
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Request Board approval of
Antenna Colocation License Agreement with Wireless One Network, L.P.
,
whose address is 2100 Electronics Lane, Fort Myers, Florida, 33912, to grant space at the Cape Coral
Reverse Osmosis Tower site.
WHY ACTION IS NECESSARY:
In lieu of building a new tower in the North Fort Myers area, it is deemed more cost effective to grant
Wireless One a license space on the Reverse Osmosis tower in exchange for Wireless One granting the
WHAT THE ACTION ACCOMLISHES:
Provides Wireless One with a highly desirable location to install their equipment in exchange for the
County being granted space on their tower in North Fort Myers so that the County can install new 821
MHz Simulcast equipment to the 800 MHz radio system, in lieu of building a new tower. (
#20000376-
Public Safety)
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Coy absent.
(d)
ACTION REQUESTED:
Request Board authorize
WHY ACTION IS NECESSARY:
Board approval is necessary for grant application.
WHAT THE ACTION ACCOMLISHES:
#20000390-
Parks & Recreation)
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Coy absent.
8. SOLID WASTE-NATURAL RESOURCES
No requests received.
9. TRANSPORTATION
(a)
ACTION REQUESTED:
Approve expenditures for approximately $175,000.00, that will exceed the original amount of
subsequently increased by Board approval on October 13, 1998, for $150,000.00. Formal Quotation
awarded to the low quoter meeting specifications, Emerald City Sod, Inc., for the amounts circled on
the
In addition, the Board approved the award of Option A (Water) and
annual quote expires on April 30, 2001, and no further renewal options exist.
WHY ACTION IS NECESSARY:
To allow the Department of Transportation, Operations Division, to continue utilizing the annual quote
to purchase sod in an amount that exceeds previous estimates for roadside drainage maintenance.
WHAT THE ACTION ACCOMLISHES:
Allows the Department of Transportation to utilize competitive prices received on an annual quote for
the purchase of sod. (
#20000384-
DOT)
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Coy absent.
10. UTILITIES
No requests received.
11. COUNTY ATTORNEY
No requests received.
12. HEARING EXAMINER
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BOOK - 2000R - B.O.C.C.------------------------------
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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 Judah moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Coy absent.
15. COMMUNITY REDEVELOPMENT AGENCY
No requests received.
16. VISITOR AND CONVENTION BUREAU
No requests received.
17. PUBLIC WORKS DIVISION
(a)
ACTION REQUESTED:
Approve acceptance, by resolution, of the developer’s common law dedication, limited to only those
WHY ACTION IS NECESSARY:
To clearly accept only those drainage easements along the northerly 30 feet, previously dedicated to the
WHAT THE ACTION ACCOMLISHES:
Gives notice of the County’s limited acceptance of specific easements. (
#20000363-
County Lands)
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Coy absent.
RESOLUTION NO. 00-05-02
ADMINISTRATIVE AGENDA
1. COUNTY MANAGER
No requests received.
No requests received.
3. COUNTY COMMISSIONERS
No requests received.
4. COMMUNITY DEVELOPMENT
No requests received.
5. HUMAN SERVICES
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BOOK - 2000R - B.O.C.C.------------------------------
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No requests received.
6. INDEPENDENT DIVISIONS
No requests received.
7. PUBLIC SERVICE DIVISIONS
No requests received.
8. SOLID WASTE-NATURAL RESOURCES
No requests received.
No requests received.
10. UTILITIES
No requests received.
11. COUNTY ATTORNEY
(a)
ACTION REQUESTED:
Authorize written offers to buy real property for Alico Road Widening Project #4030. Parcel 111/112
recommends the Board offer $3,000.00.
WHY ACTION IS NECESSARY:
To make offer prior to initiating eminent domain proceedings.
WHAT THE ACTION ACCOMLISHES:
Makes binding written offers to owners. (
#20000388-
County Attorney)
Commissioner Manning moved the item, seconded by Commissioner Judah, called and carried with Commissioner
Coy absent.
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.
17. PUBLIC WORKS DIVISION
No requests received.
COMMISSIONER ITEMS
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BOOK - 2000R - B.O.C.C.------------------------------
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LAKE OKEECHOBEE DISCHARGE - Commissioner Judah reported that on April 25, 2000, the
South Florida Water Management District’s (SFWMD) Governing Board took action to the detriment of Lee County’s
environment and released excessive polluted water, averaging 3,400 cubic feet per second (CFS), which would
continue for nine weeks, from Lake Okeechobee into the Caloosahatchee River; and noted that the lake has continuous
problems with high phosphorous content due to backwater pumping from agricultural fields. He noted that 2,500
cubic feet per second of fresh water is lethal to grass beds, which is a tragedy in the making for Southwest Florida
because it will affect the fishing and tourism industries, as well as affecting the manatee and the environment. He
continued by saying that after speaking with scientists who agree that this will be catastrophic to our environment, he
would suggest that the Board file an injunction requiring SWFMD to cease and desist the excessive polluted fresh-
water discharge; and send a message requesting better management of the lake, rather than transfer the problem to
neighboring estuaries. Public Works Director James W. French responded to the Board’s questions, and stated that
not long ago he helped to get the Caloosahatchee Watershed Management Plan completed and reviewed the plan’s
performance measures. He noted that what is being done by their Governing Board exceeds the limits allowable; and
stated that he believes Lee County should be a part in resolving this issue. County Attorney James G. Yaeger rendered
legal opinions; stated the environmental groups are proceeding to file under the Environmental Policy and Clean
Water Acts which requires a 60-day notice of intent to sue; explained the elements of a temporary injunction;, noted
that the County would need affidavits from qualified experts, that a unanimous Board vote would be needed and that it
will be necessary to find an immediate danger to public, health, safety and welfare to proceed. SFWMD Fort Myers
Service Center Director Chip Merriam stated that because of storms, there will be discharge rates that will exceed the
2,800 CFS ceiling; noted that what is being released now is approximately half of what was released during the 1995
flood events and the system rebounded pretty well at that time; commented that the Governing Board is trying to
balance all of the plans that are part of the 1,800 linear mile system and decided they could wait no longer to release
water from the lake; explained this is what is called a shared adversity plan, each part/system is getting a certain level
of hurt, but they intend to monitor all the sites. He responded to the Board’s questions; and explained that a total
discharge will take approximately nine weeks. Attorney Yaeger commented that it would take a couple of days to file
an injunction since affidavits from experts are needed; and that an attempt can be made to get the court to quickly
restrain the drainage; however, it is really the court’s discretion on how soon they would take the case. In response to
Commissioner Manning’s questions regarding a mechanism to stop the discharge; Mr. Merriam responded that that
would be a policy decision and would be discussed at their next meeting, May 11
th
, and added that there will also be a
special meeting in his office on Friday, May 5
th
questions. After discussion, Commissioner Judah moved to file an injunction against the SFWMD Governing Board
to cease and desist the discharge of excessive fresh waters laden with high phosphorous content, that discharge being
above the base discharge level to protect salinity levels. In other words, the action taken by the Governing Board last
Tuesday exceeded the base level to protect salinity levels, that he is not asking for a cease and desist of all discharge,
just on that extent of discharge above the base level to protect salinity levels. Commissioner Albion suggested the
motion include: to direct Staff and the County Attorney’s Office to work with the District in the hope of finding a way
to remedy this matter, to agenda this item for the meeting of May 09, 2000, to get information with regard to the
injunction, and give all the right signals that the Board is prepared to back off if an understanding is reached as to how
to protect our citizens; Commissioner Judah concurred. Attorney Yaeger inquired if it is to be included in the motion
that it is an immediate danger; Commissioner Judah responded yes, and added: in violation of the Marine Animal
Protection Act, the Endangered Species Act, and the Clean Water Act. Commissioner St. Cerny seconded the motion.
Throughout the discussion, the Commissioners individually commented on their concerns and preferences. The
Chairman requested the Regional Planning Council be contacted to add their comments. Mr. French cautioned that
this is a battle of the experts and the Board may have to devote funds to hire specialized knowledge to make the
arguments stick; Commissioner Judah responded that he was receptive. The Chairman stated that Staff has a week to
get the information into a business-type decision to present to the Board, that the Governor’s Office and the delegation
should be informed; and noted that Commissioner Judah will attend the meetings with Mr. Merriam. The motion was
called and carried with Commissioner Coy absent.
Commission Chairman Tim Constantine; questioned how the Board might feel on the productiveness of a joint
meeting, since regional items take longer to implement than six months, and Collier County will soon have Board
changes in November; and suggested offering a date in late January or early February. The Board concurred.
SHERIFF’S BUDGET - The Chairman reported that he received a fax from the Sheriff’s Office
regarding their budget. Lee County Sheriff John J. McDougall stated that the Florida Statutes require him to send a
notice of emergency to the Board; reported that the emergency is in the area of the operating budget and that within the
next two weeks, the Sheriff’s Office will have exhausted all of their operating funds, and requested the Board put this
issue on the agenda for discussion at the May 09, 2000, meeting. Sheriff’s Office Budget Director Bill Berquist
assisted in the discussion, which included: disagreement with the line item and the reserves; $2.2 million in
operations will carry the Sheriff’s Office for the rest of the year; and the fact that if the $2.2 million were received, the
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BOOK - 2000R - B.O.C.C.------------------------------
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Sheriff’s Office would drop the appeal. Commissioner Albion inquired of the Sheriff if his agency was spending
through this year as if they were going to receive the $59.9 million dollars; the Sheriff responded that they have been
spending what the demands are on their agency. After discussion, Commissioner Manning inquired if the Sheriff’s
Office has been spending at a level of $59.9 million; Mr. Berquist responded in the affirmative. The Chairman stated
that a full Board should be discussing this issue; the Sheriff concurred. Commissioner St. Cerny inquired if Staff has
paid MGT the balance of their contract amount, and stated his understanding that MGT does not have to release their
work papers until their account has been paid. County Manager Donald D. Stilwell responded that Staff has not
received the work papers, when received, MGT will be paid. Assistant County Manager Bruce Loucks stated they
have been working with the County Attorney’s Office on another clause in the contract that states Lee County has
access and rights to all the work papers, even prior to paying them their final payment. Commissioner St. Cerny
requested a resolution on this matter from the Administration by next week. COMMISSIONER MANNING LEFT
THE MEETING BRIEFLY DURING THE ABOVE DISCUSSION.
Mr. Stilwell inquired if the Board wished Staff to pay the final payment to MGT. Commissioner Albion suggested
Staff find out what it will take to get the papers, and next week this issue will be revisited.
COMMITTEE APPOINTMENTS
Commissioner St. Cerny moved to reappoint Don Petrucelli and Ned Dewhirst to the
PARKS AND
RECREATION SERVICES ADVISORY COMMITTEE
; appoint Carmen Basilis to the
HISPANIC AFFAIRS
ADVISORY BOARD COMMITTEE (
RESOLUTION NO. 00-05-03)
HISPANIC
AFFAIRS ADVISORY BOARD COMMITTEE (
RESOLUTION NO. 00-05-04)
AFFORDABLE HOUSING ADVISORY COMMITTEE;
and appoint Joseph Grabsch to the
STREETLIGHTING DISTRICT COMMITTEE
; seconded by Commissioner Manning, called and carried with
Commissioner Coy absent.
AFFORDABLE HOUSING
ADVISORY COMMITTEE
, seconded by Commissioner Judah, called and carried with Commissioner Coy absent.
CHILDREN, YOUTH AND
FAMILIES ADVISORY COMMITTEE
, seconded by Commissioner Manning, called and carried with
Commissioner Coy absent.
AFFORDABLE HOUSING
ADVISORY COMMITTEE
, seconded by Commissioner Judah, called and carried with Commissioner Coy absent.
DISTRICT COMMITTEE
, seconded by Commissioner St. Cerny, called and carried with Commissioner Coy
absent.
STREETLIGHTING DISTRICT COMMITTEE
, seconded by Commissioner St. Cerny, called and carried with
Commissioner Coy absent.
Commissioner Albion moved to reappoint Randal Zavada to the
PARKS AND RECREATION
SERVICES ADVISORY COMMITTEE
, seconded by Commissioner St. Cerny, called and carried with
Commissioner Coy absent.
RIVERDALE SHORES
IMPROVEMENT UNIT COMMITTEE
, seconded by Commissioner St. Cerny, called and carried with
Commissioner Coy absent.
SAN
seconded by Commissioner St. Cerny, called and
carried with Commissioner Coy absent.
UNIVERSITY
OVERLAY SPECIAL IMPROVEMENT UNIT COMMITTEE
, seconded by Commissioner St. Cerny, called and
carried with Commissioner Coy absent.
Commissioner Albion moved to reappoint Ramon Wisher to the
WATERWAYS ADVISORY
COMMITTEE
, seconded by Commissioner St. Cerny, called and carried with Commissioner Coy absent.
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Commissioner Albion moved to reappoint Daniel Dosoretz to the
STREETLIGHTING DISTRICT COMMITTEE
, seconded by Commissioner St. Cerny, called and carried with
Commissioner Coy absent.
IMPROVEMENT UNIT COMMITTEE
, seconded by Commissioner St. Cerny, called and carried with
Commissioner Coy absent.
COUNTY MANAGER ITEMS
County Manager Donald D. Stilwell revisited the Commissioner Item entitled Sheriff’s Budget; see that
portion of the meeting.
COUNTY ATTORNEY ITEMS
The Chairman adjourned the meeting at 11:05 a.m.
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