District #1

Bob Janes

Chairman

District #2

Douglas St. Cerny

District #3

Ray Judah

Vice Chairman

District #4

Andrew W. Coy

District #5

John E. Albion

Donald D. Stilwell,

County Manager

 

James G. Yaeger, County Attorney

 

 

October 29, 2002

Please fill out a “Request to Comment” card if you plan to address the Board and return it to the Clerk at the left of the podium prior to the start of the meeting.

All back up for this agenda is available in the Public Resources Office, 1st Floor, Administration Building

Additional information is available on the Internet at http://www.lee-county.com

PLEASE NOTE:  The Board may take action in its capacity as the Port Authority or Government Leasing Corporation.

COMMISSION CHAMBERS, 2120 MAIN STREET, FORT MYERS, FLORIDA

 

9:30 AM

Invocation:

Reverend Ralph Rivers

Good Shepherd Church

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentation:

 

 

·   

Animal Shelter Appreciation Month Resolution

 

 

(Commissioner Judah-#20021161)

 

 

 

Recap

 

 

 

Public Comment on the Consent and Administrative Agenda

 

 

 

Consent Agenda:

 

·   

Items to be pulled for discussion by the Board

 

·   

Motion to approve balance of items

 

·   

Consideration of items pulled for discussion

 

 

 

Administrative Agenda

 

 

 

Walk-ons and Carry-overs

 

 

 

Commissioners' Items/Committee Appointments

 

 

 

County Manager Items

 

 

 

County Attorney Items

 

 

 

Adjourn

CONSENT AGENDA

October 29, 2002

 

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Request the Chairman of the CRA to execute the landscape maintenance agreement with Lehigh Community Council for the Roadway Landscape Improvement.  Approve and authorize the Chairman to execute Landscape Installation and Maintenance Agreement between Lee County and Lehigh Community Council on behalf of the BOCC.

WHY ACTION IS NECESSARY:

The Board must approve the agreement and authorize the Chairman to sign it so that it may become fully executed.

WHAT ACTION ACCOMPLISHES:

Provides an agreement that establishes the landscape installation and maintenance responsibilities in the median at Lee Boulevard and Homestead Road.  (#20021128-Economic Development)

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

Award the Construction Management Agreement under RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as Lee County Justice Center Pod “B” to Target Builders Inc., for the Guaranteed Maximum Price (GMP) of $928,000.00 (includes $61,962.00 CM fee).  At this time it is also being requested that the Board approve waiving of the formal process (if needed) and authorize the use of the Director Material Purchase Order based on CM’s competitive process, which allows the County to purchase directly from suppliers of equipment and/or materials as a cost/time saving measure.  Also approve budget transfer of $1,000,000.00 from the Justice Center Renovations – Pod C Project to the Justice Center Renovations – Pod B project and amend FY 02/03 – 06/07 CIP accordingly.

WHY ACTION IS NECESSARY:

Pursuant to Administrative Code AC-4-4 Lee County Contract Manual for Construction Projects, approved by the Board on September 25, 2001, construction projects estimated to be over $50,000.00 will be executed through the formal process.

WHAT ACTION ACCOMPLISHES:

Provides the County with a Construction Manager that will provide any and all services needed for the Lee County Justice Center for Pod B.  (#20021164-Construction & Design)

 

 

(b)

ACTION REQUESTED:

Approve Addendum to the Construction Manager Agreement, for RFQ-02-04 Justice Center Expansion (Phase I Elevator Addition), with Centex Rooney Construction Company (Contract #2161) to include the Guaranteed Maximum Price (GMP) for Phase I in the amount of  $1,954,517.00 (which includes the 5% CM Fee).  Also request Board approve waiving of any formal process (if needed) and authorize the use of the Direct Material Purchase Orders based on CM’s competitive process, which allows the County to purchase directly from suppliers of equipment and/or materials as a cost/time saving measure.   Also approve a Budget Resolution to transfer $2 million from the General Fund to the Justice Center Expansion Project and amend FY 02/03 – 06/07 CIP accordingly.

WHY ACTION IS NECESSARY:

Pursuant to Administrative Code AC-4-4 Lee County Contract Manual approved by the Board on September 25, 2001, construction projects estimated to be over $50,000 will be executed through the formal advertised process.

WHAT ACTION ACCOMPLISHES:

This project is for Phase I Elevator Addition for the Justice Center Expansion.  (#20021192-Construction and Design)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Accept a Petition VAC2002-00045 to Vacate a 12-foot wide Public Utility and Drainage Easement common to Lots 4 and 5, Block 7, Unit 2, a Subdivision of Lehigh Acres, in Alva, Florida.  Adopt a Resolution setting a Public Hearing for 5:00 p.m. on the 26th day of November, 2002.

WHY ACTION IS NECESSARY:

To build a single-family residence on the combined lots.  The vacation of these Public Utility and Drainage Easements will not alter existing utility or drainage conditions and the easements are not necessary to accommodate any future utility and drainage requirements.

WHAT ACTION ACCOMPLISHES:

Setting the time and date of the Public Hearing.  (#20021143-Development Services)

 

 

(b)

ACTION REQUESTED:

Accept a Petition VAC2001-00024 to vacate the public’s interest in that portion of a sixty-foot (60') wide platted right-of-way known as WAYCROSS ROAD S.E.; starting from a point six feet west of the eastern boundary of Lot 34 to it’s northwestern terminus (approx. 1,150' long).  The right-of-way in question is within the platted subdivision of B.F. INDUSTRIAL CENTER; in Section 10, Township 44, Range 25 as recorded in Plat Book 47, Pages 91 and 92 of the official Public Records of Lee County, Florida; and adopt a resolution setting a public hearing for 5:00 p.m. on the 26th day of November 2002.

WHY ACTION IS NECESSARY:

To provide for installation of a security gate at the proposed terminus of the public right-of-way.  The vacation of the public interest in this right-of-way will not alter existing drainage or utilities; nor is this right-of-way necessary to accommodate any future drainage or utility requirements.  The road will remain the same but revert to private ownership.  All public utility easements along the right-of-way will remain intact.  A new replacement public utility easement is to be granted to cover any utilities within the actual right-of-way.

WHAT ACTION ACCOMPLISHES:

Sets the date for Public Hearing.  (#20020956-Development Services)

 

 

(c)

ACTION REQUESTED:

Adopt a Resolution in support of the City of Fort Myers “Urban Infill and Redevelopment Plan.”

WHY ACTION IS NECESSARY:

The City of Fort Myers is requesting County support of the City’s planning efforts in the incorporated and unincorporated Urban Infill Area.

WHAT ACTION ACCOMPLISHES:

Continued support of the City’s planning efforts in the Lee Plan designated Urban Infill Area will help to better the quality of life to both the incorporated and unincorporated residents.  (#20021190-Planning)

 

5.

HUMAN SERVICES

 

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve the purchase of a +/- 7.82 acre parcel of land for the Green Meadows/Corkscrew Interconnect and Water Storage Facility, Project No. 7105, pursuant to the terms and conditions as set forth in the Purchase Agreement, authorize payment of necessary fees to close; authorize purchase of addition lands as set forth in the special conditions, if required by permitting agencies; 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 voluntary acquisition of +/-7.82 acres of land for construction of the Green Meadows/Corkscrew Interconnect and Water Storage Facility thus avoiding the Boards need to exercise its power of Eminent Domain at a future date.  (#20021102-County Lands)

 

 

(b)

ACTION REQUESTED:

Approve Spring Centurion Service Agreement with Sprint-Florida Inc., for a service maintenance agreement for Lee County’s system in the amount of $47,869.09 annually for a two (2) year period.

WHY ACTION IS NECESSARY:

Pursuant to the Lee County Contract Manual, approved by the Board on September 25, 2001, agreements in excess of $50,000.00 require Board approval.

WHAT ACTION ACCOMPLISHES:

Provides a annual contract to cover for the any problems with the Sprint systems 24 hours a day, 365 days a year.  It will cover any labor or equipment at all the listed sites for anything that goes wrong with any of these systems including replacing if necessary.  (#20021092-ITG)

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Approve the Second Amendment to the Nextel / Alico Tower Antenna License Agreement.

WHY ACTION IS NECESSARY:

To modify and amend the Agreement and First Amendment to adjust the mounting height on the Alico Tower from 250 feet to 225 feet.

WHAT ACTION ACCOMPLISHES:

This Amendment to the Agreement adjusts the mounting height of the antenna from 250 feet to 225 feet.  (#20021171-Communications)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Approve Amendment No. 1 to Contract No. 01139, Lee County Boater Kiosk Education and Outreach Program, between the Florida Fish and Wildlife Conservation Commission (FWC) and Lee County to extend the termination date of the contract to January 31, 2003 and revise the Deliverable and Payment Schedule accordingly.  No additional funding is required.

WHY ACTION IS NECESSARY:

All agreements and amendments thereto require approval by the Board of County Commissioners.  Amendment or modification to the agreement in accordance with the General Terms and Conditions Section 15 requires a formal amendment be lawfully executed by both parties.

WHAT ACTION ACCOMPLISHES:

Amends the term length of the agreement from November 11, 2002 to January 31, 2003.  (#20021170-Natural Resources)

 

 

(b)

ACTION REQUESTED:

Execute subgrant agreements with local governments, non-profit organizations, and various Lee County Law Enforcement agencies to implement eight FY02/03 WCIND projects totaling $279,757 via 13 individual subgrants.  Create new projects and amend the FY02/03-06/07 CIP accordingly.

WHY ACTION IS NECESSARY:

Subgrants must be approved by the Board as specified during WCIND application process.  Account string creation necessary for project creation.

WHAT ACTION ACCOMPLISHES:

Formalizes duties and responsibilities of Lee County and subgrantees in implementing WCIND funded projects.  Establishes CIP projects and account strings.  (#20021184-Natural Resources)

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Accept payments for the installation of a traffic signal at the intersection of Tara Woods/Lake Fairways and US 41 for $47,000, from the residents of Tara Woods and Lake Fairways, and for $8,000 from the Chateau Communities.  The total payment is $55,000.

WHY ACTION IS NECESSARY:

Requires Board of County Commissioner approval to amend CIP and for budget resolutions.

WHAT ACTION ACCOMPLISHES:

Allows County to receive compensation for the installation of the traffic signal at Tara Woods/Lake Fairways and US 41.  (#20021138-Transportation)

 

 

(b)

ACTION REQUESTED:

Direct Department of Transportation (DOT) to proceed with an application to the Federal Highway Administration’s (FHWA) Value Pricing Pilot Program for funding Project Development and Environmental (PD&E) Studies, Design, and Construction Costs for a queue jump in Lee County.

WHY ACTION IS NECESSARY:

Board of County Commissioner’s action is required for grant applications that require matching funds.

WHAT ACTION ACCOMPLISHES:

Allow DOT staff to proceed with a grant application of up to $15 million.  Further, allow staff to structure the application such that FHWA may award the grant in stages.  (#20021188-Transportation)

 

 

(c)

ACTION REQUESTED:

Approve Supplemental Task Authorization (STA) No. 4  to Hole Monters Inc. for CN-00-04 MISCELLANEOUS CIVIL ENGINEERING DESIGN AND/OR INSPECTION SERVICES (Contract No. 1461) for Imperial Street Improvements four laning Bonita Beach Road to East Terry Street in the amount of $150,691.00.

WHY ACTION IS NECESSARY:

Pursuant to the Lee County Contract Manual, approved by the Board on September 25, 2001, the Board is required to approve all Supplemental Task Authorizations in excess of $50,000.00 to Professional Services Agreements.

WHAT ACTION ACCOMPLISHES:

The Consultant shall complete additional work for the project known as Imperial Street four laning from Bonita Beach Road to East Terry Street.  (#20021154-Transportation)

 

 

(d)

ACTION REQUESTED:

Approve Change Order No. 1 to ERES Consultants (Contract 1802) for CN-01-06, Development & Implementation of a Pavement Condition Index (PCI) Network Level Pavement Management System for Lee County, in the amount of $66,192.00, for a total contract amount of $365,964.00, and approve Interlocal Agreement with City of Fort Myers.  Also, approve an addendum to the original contract clarifying dispute resolution among the County, ERES, and the City of Fort Myers.

WHY ACTION IS NECESSARY:

Requires BOCC approval for Change Order, Interlocal Agreement and amendment to CIP.

WHAT ACTION ACCOMPLISHES:

Allows City of Fort Myers to share in the cost of the Pavement Management System.  (#20021146-Transportation)

 

 

(e)

ACTION REQUESTED:

Request Board approve Change Order No. 2 for Contract 1966, B02-01, County Wide Sidewalks, in the amount of $85,695.00.  The original Contract and Change Order No. 1 totaled $346,728.50, making the new Contract total $423,423.50.  The City of Bonita Springs is funding this Change Order.  Also, approve Budget Amendment Resolution in the Transportation Capital Improvement Fund for project 6002 in the amount of $85,695.00, and amend the FY02/03-06/07 CIP accordingly.

WHY ACTION IS NECESSARY:

Board approval required for Change Orders in excess of $50,000.00 and to accept outside funding.

WHAT ACTION ACCOMPLISHES:

Enables Lee County DOT to construct an 8’ concrete sidewalk along Woods Edge Parkway in Bonita, for the City of Bonita Springs, utilizing our contractor and established contract prices.  (#20021169-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve construction of a 12’’ water main extension serving Verandah Sales Center.  This is a Developer Contributed asset and the project is located on the south side of State Road 80 approximately ½ mile west of State Road 31.

WHY ACTION IS NECESSARY:

To provide potable water service and fire protection to the proposed sales center.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of this phase of the subject property and complies with the Lee County Utilities Operations Manual.  (#20021120-Utilities)

 

 

(b)

ACTION REQUESTED:

Approve construction of water main extension system serving Daniels Parkway Center, Lot 6. This is a Developer contributed asset project located on the east side of Appaloosa Lane approximately 550’ north of Daniels Parkway.

WHY ACTION IS NECESSARY:

To provide potable water service and fire protection to the proposed commercial development.

WHAT ACTION ACCOMPLISHES:

Complies with the Lee County Utilities line extension policy and provides adequate utility infrastructure to support development of the subject parcel.  (#20021133-Utilities)

 

 

(c)

ACTION REQUESTED:

Approve final acceptance, by Resolution, by Resolution, and recording of a easement as a donation for one fire hydrant serving Punta Rassa Condominium.  This is a Developer contributed asset project located on the north side of Punta Rassa Road approximately ¼ mile west of McGregor Blvd.

WHY ACTION IS NECESSARY:

To provide fire protection to an existing residential building.

WHAT ACTION ACCOMPLISHES:

Places the fire hydrant into operation and complies with the Lee County Utilities Operations Manual.  (#20021134-Utilities)

 

 

(d)

ACTION REQUESTED:

Approve final acceptance, by Resolution, and recording of a utility easement as a donation for a fire hydrant serving Dairy Queen Grill & Chill.  This is a Developer contributed asset project located on the east side of South Tamiami Trail approximately 470’ south of Ben C Pratt Six Mile Cypress Parkway.

WHY ACTION IS NECESSARY:

To provide fire protection to the recently constructed fast food restaurant.

WHAT ACTION ACCOMPLISHES:

Places the fire hydrant into operation and complies with the Lee County Utilities Operations Manual.  (#20021140-Utilities)

 

 

(e)

ACTION REQUESTED:

Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-02-27 LEE COUNTY WATER SYSTEM VULNERABILITY STUDY, in the following order of ranking, and authorize contract negotiations to commence with the number one ranked firm: (1) Malcolm Pirnie Inc. (2) HDR Inc.; and (3) EMA Inc.

WHY ACTION IS NECESSARY:

Pursuant to Administrative Code AC-4-4 Lee County Contracts Manual, approved by the Board on September 25, 2001, the Board is required to approve all Consultant rankings.

WHAT ACTION ACCOMPLISHES:

Consultant will provide professional services to include the development of a Vulnerability Assessment for the entire Lee County Potable Water system in accordance with the requirements of its USEPA Vulnerability Assessment Grant.  (#20021156-Utilities)

 

 

(f)

ACTION REQUESTED:

Approve final acceptance, by Resolution as a donation of potable water services and sanitary sewer services serving The Shores at Gulf Harbour – Phase 3.  This is a developer-contributed asset and the project is located north of Beinvenida Way within Gulf Harbour.

WHY ACTION IS NECESSARY:

To provide potable water and sanitary sewer service to this phase of the recently re-constructed single-family residential development. 

WHAT ACTION ACCOMPLISHES:

Places the water and sewer services into operation and complies with the Lee County Utilities Operations Manual.  (#20021139-Utilities)

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Amend Resolution No. 01-02-54 and 02-04-25, Lee County Advisory Board/Committee Financial Interest and Filing Designation.

WHY ACTION IS NECESSARY:

To update Board of County Commissioners local option designation of Lee County Advisory Boards/Committees whose members are required to file statements of Financial Interests (Form 1) and related forms as Reporting Individuals.

WHAT ACTION ACCOMPLISHES:

Amend Lee County Resolutions to officially add additional Advisory Boards/Committees and Advisory Board/Committee members.  (#20021186-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

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 ACTION ACCOMPLISHES:

Compliance with the requirements of FS 136.06(1).  (#20021122-Clerk of Courts)

 

 

(b)

ACTION REQUESTED:

Present for information purposes.

WHY ACTION IS NECESSARY:

To provide interim reporting on selected funds and revenues of the Lee County Board of County 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 ACTION ACCOMPLISHES:

The purpose of this report is to convey to you the financial status of selected significant funds of the Lee County Board of County Commissioners and 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.  (#20021178-Clerk of Courts)

 

ADMINISTRATIVE AGENDA

October 29, 2002

 

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve extending coverage in the Lee County Health and Dental plans to all employees of the Captiva Fire District and the East County Water Control District, effective January 1, 2003.

WHY ACTION IS NECESSARY:

Coverage may be extended to tax-supported agencies of Lee County, with the Board of County Commissioners’ approval.

WHAT ACTION ACCOMPLISHES:

Provides all regular health and dental benefits to the employees and FRS retirees of both Captiva Fire District and East county Water Control District, and their dependents.  (#20021191-Human Resources)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Approve the Pineland/Outer Island liaison committee as recommended at the October 7, 2002 Board Management and Planning Committee meeting.  A list of recommended members is attached.

WHY ACTION IS NECESSARY:

To enlist the assistance of citizens to work with County staff on Pine Island and Outer Island issues.

WHAT ACTION ACCOMPLISHES:

Allows County staff and Pine Island/Outer Island citizens to investigate and evaluate specific issues and potential solutions that may be recommended to the Board of County Commissioners concerning Pine Island/Outer Island maritime issues.   (#20021177-Solid Waste)

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

For the BOCC to concur with the Roadway Landscape Advisory Committee’s (RLAC) recommendations in regards to allocating the additional $2,000,000 in funding for fiscal year 02-03 for roadway landscaping.

WHY ACTION IS NECESSARY:

At the August 27, 2002 BOCC meeting, staff agreed to bring the RLAC’s recommendation back to the Board for final concurrence.

WHAT ACTION ACCOMPLISHES:

Authorizes DOT to move forward with additional landscaping and design on certain projects.  (#20021132-Transportation)

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS