District #1

Bob Janes

District #2

Douglas St. Cerny

District #3

Ray Judah

Chairman

District #4

Andrew W. Coy

District #5

John E. Albion

Vice-Chairman

Donald D. Stilwell,

County Manager

 

James G. Yaeger, County Attorney

 

 

June 17, 2003

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:

Dr. David Uhl

Cypress Lake Presbyterian Church

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

 

 

·   

Howard and Biddy Lang Recognition Resolution

 

 

(Commissioner Judah-#20030689)

 

 

 

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

June 17, 2003

 

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-03-06 INSURANCE BROKERAGE SERVICES, and authorize contract negotiations to commence with the number one ranked firm: (1) Arthur J. Gallagher & Company; and (2) Aon Risk Services, Inc. of Florida.  Further authorize the Chairman on behalf of the Board to execute an agreement for an amount not-to-exceed $175,000.00.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

This project involves the Consultant providing insurance brokerage services for Lee County.  (#20030660-Risk Management)

 

 

(b)

ACTION REQUESTED:

Request Board execute Agreement between the Lee County Board of County Commissioners and the Lee County School Board for the Driver’s Education Program and authorize the release of $41,428.00 from the funds collected through Lee County Ordinance #02-28 Dori Slosberg Driver Safety Education Act.

WHY ACTION IS NECESSARY:

Board execution of the Agreement is required.

WHAT ACTION ACCOMPLISHES:

Provides approval for the release of funds collected for use of the Drivers Education Program with the Lee County School Board for enhanced Driving Education program activities.  (#20030649-Budget Services)

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

Approve change of ownership of lease with Robert Y. Clayton, Inc. to A. Atlantic, Inc. Leased facility is at 13141 McGregor Blvd and is currently being occupied by Lee County Emergency Medical Services.  All other terms and conditions of the lease will remain the same.

WHY ACTION IS NECESSARY:

Board must approve all leases and changes to those leases.

WHAT ACTION ACCOMPLISHES:

Allows the monthly rental checks to be issued to the current owner.  (#20030658-Facilities Management)

 

 

(b)

ACTION REQUESTED:

Approve Change Order No. 2 to Lee County Contract No. 2299 with SchlumbergerSema under CN-02-28 Information Technology & Telecommunications Outsourcing Services, for the Development Services Inspector/Licensing Building 2nd and 3rd Floor PBX/Phone, Voice, Data, Cable TV and 100 Pair Wiring in the amount of $129,482.46.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides the County CIP project with the necessary equipment in order to function and house the County personnel upon completion of the new facility.  (#20030666-Construction and Design)

 

 

(c)

ACTION REQUESTED:

Approve Change Order No. 6 to Barany Schmitt Summers Weaver & Partners Inc. for CN-01-03 Justice Center Expansion, Contract No. 1785, for the 3rd Floor Pod A Remodeling in the amount of $58,750.00.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

The Consultant will provide feasibility studies and preliminary design, design, documentation, permitting and contractor negotiations, and construction administration for the 3rd Floor Pod A Remodeling of the Justice Center Expansion Project.  (#20030668-Construction and Design)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Schedule Public Hearing to vacate a portion of a public drainage easement located in The Rookery Subdivision.

WHY ACTION IS NECESSARY:

To construct a pool in the rear of the lot.  The vacation of a portion of the public drainage easement will not alter the existing drainage.

WHAT THE ACTION ACCOMPLISHES:

Sets the time and date of the Public Hearing. (Case # VAC2003-00010)  (#20030635-Development Services)

 

 

(b)

ACTION REQUESTED:

Accept a Petition to Vacate a Public Utility Easement located at 2379 Dover Avenue, Fort Myers Villas subdivision and adopt a Resolution setting a Public Hearing for 5:00 p.m. on the 8th day of July 2003.

WHY ACTION IS NECESSARY:

To rectify a pool encroachment that has been in place over twenty years and through several different property owners. The vacation of the public utility easement

 will not alter existing utilities and the easement is not necessary to accommodate any future utility requirement.

WHAT THE ACTION ACCOMPLISHES:

Sets the time and date of the Public Hearing. (Case # VAC2003-00025).  (#20030656-Development Services)

 

5.

HUMAN SERVICES

 

 

(a)

ACTION REQUESTED:

Deed property located at 23051 Avenue D Charleston Park to the Charleston Park Improvement Association.

WHY ACTION IS NECESSARY:

Provides the Charleston Park Improvement Association with a residential property to use for the purpose of the homeowners association’s administrative offices and/or as office space for not-for-profit providers delivering services to Neighborhood residents.

WHAT ACTION ACCOMPLISHES:

Legally transfers the property until such time that the Improvement Association can no longer financially support. (#20030640-Human Services)

 

 

(b)

ACTION REQUESTED:

Execute a Contract between Lee County Board of County Commissioners (BOCC) and The Health Planning Council of Southwest Florida, Inc. for the Housing Opportunities for Persons with AIDS Program (HOPWA).  Approve a Budget Resolution to the General Fund in the amount of $62,000.

WHY ACTION IS NECESSARY:

To execute a contract required to receive HOPWA funds.

WHAT ACTION ACCOMPLISHES:

Provides $ 62,000 for case management to eligible HIV+ Lee County residents.  (#20030657-Human Services)

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve the acquisition of Parcel 230, for the Three Oaks Parkway South Extension Project No. 4043, in the amount of $44,000, pursuant to the terms and conditions set forth in the Agreement for Purchase and Sale of Real Estate; authorize the Chairman on behalf of the Board of County Commissioners to sign the Purchase Agreement; authorize payment of necessary costs to close; authorize the Division of County Lands to handle and accept all documentation necessary to complete this transaction.

WHY ACTION IS NECESSARY:

The Board must formally accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:

The acquisition of property during the voluntary phase of the project, thus avoiding the Board’s need to exercise its power of Eminent Domain.  (#20030623-County Lands)

 

 

(b)

ACTION REQUESTED:

Accept acquisition of Quit Claim Deed for Parcel 16 necessary for the Charlee Road Special Improvements MSBU for paving and maintenance of the existing road; authorize the Division of County Lands to handle and accept all documentation necessary; authorize payment of recording fees.

WHY ACTION IS NECESSARY:

Charlee Road is currently a privately owned road and the County cannot initiate paving and maintenance without a fee interest.

WHAT ACTION ACCOMPLISHES:

Acquisition of right-of-way via Quit-Claim Deed by donation from benefited property owner.  (#20030634-County Lands)

 

 

(c)

ACTION REQUESTED:

Approve submission of the Urbanized Area Formula Program grant application to the Federal Transit Administration (FTA) in the amount of $7,206,254 and the accompanying resolution.  Upon approval of the application by the FTA, authorize the Chairman to execute the grant agreement.

WHY ACTION IS NECESSARY:

Lee Tran must submit this application in order to receive the apportioned funding from FTA.

WHAT ACTION ACCOMPLISHES:

This will enable Lee Tran to receive up to $5,765,003 in federal grant funds with a local cash match of $14,000 which is met through Lee Tran’s annual Operating budget and $1,427,251 soft match through the use of State toll revenue credits.  (#20030659-Transit)

 

 

(d)

ACTION REQUESTED:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $900.00, for Parcel 11, Charlee Road Paving MSBU, Project No. 4082, pursuant to the terms and conditions set forth in the Purchase Agreement; authorize Chairman on behalf of the BOCC to execute Purchase Agreement if offer is accepted by Seller; authorize the Division of County Lands to handle and accept all documentation necessary to complete this transaction and payment of all recording fees.

WHY ACTION IS NECESSARY:

The Board must formally authorize the making of a binding offer to a property owner pursuant to F.S. '73.015 prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner as required by F.S. '73.015, as amended.  (#20030654-County Lands)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Award B-03-11 COUNTYWIDE PAVED SHOULDERS, for the Department of Transportation, to the low bidder meeting all bidding requirements, Better Roads, Inc., for a total not-to-exceed contract amount of $533,424.99, with a contract completion time of 180 calendar days.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

To provide shoulder resurfacing of various streets located county-wide.  (#20030625-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve construction of two 10” diameter master meter assemblies and a force main extension serving Shoppes at Plantation. This is a Developer contributed asset and the project is located at the southwest corner of Daniels Parkway and International Drive.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to the proposed commercial subdivision.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20030652-Utilities)

 

 

(b)

ACTION REQUESTED:

Authorize the Chairman, on behalf of the BOCC, to approve Florida Department of Environmental Protection’s (FDEP) Amendment No. 1 to State Revolving Fund (SRF) Loan Agreement No. CS12039232P for Lee County Wastewater Management Countywide Planning.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Reschedules the loan payment activities to provide Lee County additional time to complete preconstruction activities. Also, the amendment terminates the FDEP’s commitment to provide additional financing at a combined rate of interest and Grant Allocation Assessment of 3.08 percent per annum.  (#20030671-Utilities)

 

11.

PARKS AND RECREATION

 

 

(a)

ACTION REQUESTED:

Authorize the Board to approve and the Chairman execute two (2) originals of the Non-funded Cooperative Agreement No. 58-6629-3-215 with the US Department of Agriculture, Agricultural Research Service, South Atlantic Area (USDA, ARS, SAA) for The Areawide Management Evaluation of Melaleuca (TAME Melaleuca).

WHY ACTION IS NECESSARY:

The Agreement requires Board signature for the Department of Parks and Recreation to partner with USDA on the TAME Melaleuca project at the Conservation 20/20 acquired preserve, Prairie Pines Preserve.

WHAT ACTION ACCOMPLISHES:

A signed Agreement will allow the Department of Parks and Recreation to partner with USDA on the TAME Melaleuca project at the Conservation 20/20 acquired preserve, Prairie Pines Preserve.  (#20030633-Parks and Recreation)

 

12.

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).  (#20030675-Clerk of Courts)

 

 

ADMINISTRATIVE AGENDA

June 17, 2003

 

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Approve the proposed IDD Canal H-9 Realignment and Exchange between Alexander Phocas and Lee County providing for an exchange for a portion of IDD Canal H-9 for an easement over and across a portion of the proposed Oak Hammock development; adopt the Resolution of Exchange in accordance with F. S. 125.37; accept deeds for easement and fee grants from Alexander Phocas in accordance with the Agreement; execute the County Deed to a portion of the IDD Canal H-9 easement area; and authorize County staff to process the documents necessary to fully comply with the terms of the Agreement.

WHY ACTION IS NECESSARY:

Board approval is necessary to enter into an agreement contemplating exchange of County property and to accept easements and execute deeds necessary to accomplish the transfer of the real property interest.

WHAT ACTION ACCOMPLISHES:

Serves to allow construction of the Oak Hammock development while maintaining the County’s existing drainage needs.  (#20030447-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS