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

 

 

August 5, 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:

Pastor Stu Austin

Covenant Presbyterian Church

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

 

 

·   

National Clown Week Resolution

 

 

(Commissioner Coy-#20030253)

 

 

·   

Accept $30,000 contribution from the City of Bonita Springs

 

 

(Scott Gilbertson-#20030787)

 

 

 

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

August 5, 2003

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Authorize Chairman to sign the statement of support.  Endorsement of the Application for Resource Conservation and Development Program Assistance.

WHY ACTION IS NECESSARY:

Each County of the Service area of this Resource Conservation and Development Corporation needs to endorse the application, or it will not receive funding.

WHAT ACTION ACCOMPLISHES:

The action demonstrates support for the application.  (#20030708-Smart Growth)

 

 

(b)

ACTION REQUESTED:

Approve a budget amendment resolution in the amount of $134,950 for the Drivers Education Trust Fund 13833 to enable disbursement of $41,428 from the funds collected through Lee County Ordinance #02-28 Dori Slosberg Drivers Safety Education Act.

WHY ACTION IS NECESSARY:

To allow release of payment to the School Board Of Lee County.

WHAT ACTION ACCOMPLISHES:

Authorizes budget for the program.  (#20030832-Budget Services)

 

 

(c)

ACTION REQUESTED:

Approve and authorize Chairman to execute the attached interlocal agreement between Lee County and the Town of Fort Myers Beach.  Approve a budget transfer of $79,500 from reserves, and amend the FY 2002-03/2006-07 CIP accordingly.

WHY ACTION IS NECESSARY:

The Board of County Commissioner must approve all agreements and transfers.

WHAT ACTION ACCOMPLISHES:

Provides a mechanism to reimburse the Town of Fort Myers Beach for the maintenance of beach access with Tourist Development Council beach and shoreline funds.  (#20030845-VCB)

 

 

(d)

ACTION REQUESTED:

Approve transfer of funds from general fund reserves to provide a one-time allocation of $25,000 to fund Florida Gulf Coast University for a Lee County Comprehensive Strategy Coordinator position to address juvenile justice needs in our area.  The part-time position will serve as a Juvenile Justice contact for the community and will work through the Center for Public and Social Policy at Florida Gulf Coast University.

WHY ACTION IS NECESSARY:

Provides funding to Florida Gulf Coast University to coordinate the Comprehensive Strategy.

WHAT ACTION ACCOMPLISHES:

This funding will serve to coordinate the area’s juvenile justice needs through data collection, website update, grant writing and community outreach.  (#20030862-County Manager)

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-03-13 TEN MILE LINEAR PARK, in the following order of ranking, and authorize contract negotiations to commence with the number one ranked firm: (1) David M. Jones, Jr. and Associates, Inc.; (2) T. Y. Lin International; (3) Wilson Miller, Inc.; and (4) RMPK Group.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

This project involves the consultant providing and performing the necessary professional services for the Ten Mile Linear Park.  (#20030840-Construction and Design)

 

(b)

ACTION REQUESTED:

Approve Budget Resolution in the amount of $337,500 for the Lee County Clerk’s contribution to remodel the 5th floor of the Administration Building for $47,500 and to retrofit Pod B for $145,000 and Pod C for $145,000 of the Justice Center and amend FY 02/03 – 06/07 CIP accordingly.

WHY ACTION IS NECESSARY:

Amendments to CIP require Board approval.

WHAT ACTION ACCOMPLISHES:

The transfer of funds from the Clerk will enable the 5th floor of the Administration Building and Pods B and C of the Justice Center to be remodeled.  (#20030842-Construction and Design)

 

 

(c)

ACTION REQUESTED:

Rescind approval of Addendum to the Construction Manager Agreement under RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as Old Courthouse Brick Restoration, to The Chris-Tel Company, for the Guaranteed Maximum Price (GMP) of $177,393.00.  Approve amended Addendum for a Guaranteed Maximum Price (GMP) of  $334,346.00 (includes CM Fee) with a final completion time of six months from Notice to Proceed.  Also approve Budget Transfer of $148,538 from the Capital Improvement Fund Reserves to the Old Courthouse Brick Work project and amend FY 02/03-06/07 CIP.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides the County with a Construction Manager that will provide for the work to accomplish the historic renovation of the brick at the Old Courthouse.  (#20030841-Facilities Management)

 

 

(d)

ACTION REQUESTED:

Approve the Addendum to the Construction Manager Agreement, (Contract #2446), RFQ-02-09 Medical Examiner District 21 Renovation and Expansion, with Kraft Construction Company, Inc., to include the Guaranteed Maximum Price (GMP) in the amount of $3,035,470.00 (includes the 6% 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.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provide construction management services to include assisting in design support services, cost estimates, and bidding.  This project will include renovation to the existing building’s 10, 978 square feet and two additions, a morgue addition of 5,616 square feet, and physicians’ addition of 1,823 square feet.  (#20030856-Construction and Design)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Approve award of Project No. EX030647, Electronic Document Conversion, for the Community Development Department, to The DRS Group of Florida Inc., at the prices listed in the vendor’s proposal.  Lee County will be utilizing the State of Florida SNAPS Contract No. 2501992-4.  Request BOCC Board Chairman sign the attached Services agreement.  Also request authority to continue to utilize this contract if renewed by the State of Florida.

WHY ACTION IS NECESSARY:

Board approval is required because this expenditure will exceed $50,000.

WHAT ACTION ACCOMPLISHES:

Provides the Community Development Department with electronic document conversion at State of Florida negotiated prices.  (#20030816-Community Development)

 

 

(b)

ACTION REQUESTED:

Accept a petition to vacate a twelve foot (12') wide public utility between 1864 &1865 Lockhaven Court, in Lehigh Acres; and adopt a resolution setting a public hearing for 5:00 p.m. on the 26th day of August 2003.  (VAC2003-00008)

WHY ACTION IS NECESSARY:

To construct a residential structure spanning both lots.  The vacation of this easement will not alter existing drainage or utilities; nor is this easement necessary to accommodate any future drainage or utility requirements.

WHAT ACTION ACCOMPLISHES:

Sets the date for Public Hearing.  (#20030707-Development Services)

 

 

(c)

ACTION REQUESTED:

Schedule a Public Hearing for vacating a 12-foot wide Public Utility Easement located at 712 and 714 Plumosa Ave., Lehigh Acres Florida.  (VAC2003-00034, BS# 20030835)

WHY ACTION IS NECESSARY:

To build a single-family residence on the combined lots.  The vacation of this easement will not alter existing drainage or utility conditions and the easement is not necessary to accommodate any future drainage and utility requirements.

WHAT ACTION ACCOMPLISHES:

Sets the time and date of the Public Hearing.  (#20030835-Development Services)

 

5.

HUMAN SERVICES

 

 

(a)

ACTION REQUESTED:

Approve a budget amendment resolution in the general fund for the Department of Human Services to receive an additional $3,460 from the Federal Emergency Food and Shelter Program (FEMA).

WHY ACTION IS NECESSARY:

To allow deposit of unanticipated revenue.

WHAT THE ACTION ACCOMPLISHES:

Amends the existing budget.  (#20030818-Human Services)

 

 

(b)

ACTION REQUESTED:

Approve Program Amendments to Lee County's HUD CDBG and HOME Program for HUD Fiscal Year 2001and 2002 activities and authorize the Chairman to sign the HUD Transmittal Letter and sub recipient contracts if any.

WHY ACTION IS NECESSARY:

HUD regulations and the County Administrative Code 15-2 require Board approval for substantial HUD CDBG and HOME Program amendments

WHAT ACTION ACCOMPLISHES:

Allows for reallocation of funds to prioritized activities.  (#20030867-Human Services)

 

 

(c)

ACTION REQUESTED:

Approve and sign a contract agreement between Lee County Board of County Commissioners and Florida’s Department of Community Affairs for Lee County to receive $143,895 in Community Services Block Grant (CSBG) funds. This grant requires a 2% cash match ($2,878), and the funds to be received ($143,895), have been budgeted in FY 03-04.

WHY ACTION IS NECESSARY:

A contract agreement is required in order to receive FY04 CSBG funds.

WHAT ACTION ACCOMPLISHES:

Provides $143,895 for case management, training and supportive and emergency services to facilitate economic self-sufficiency for eligible Lee County households.  (#20030868-Human Services)

 

 

(d)

ACTION REQUESTED:

Approve submission to HUD of Lee County’s FY 2003-2007 Five-Year Consolidated Strategic Plan and HUD FY 2003 One-Year Action Plan, authorize Chairman to sign HUD Consolidated Plan Letter of Submission and Certifications, authorize Chairman to sign HUD CDBG, HOME, and ESG Entitlement agreements upon receipt from HUD, authorize Chairman to sign HUD CDBG, HOME, and ESG Subrecipient Agreements once prepared, and authorize Chairman to sign HUD environmental assessments.

WHY ACTION IS NECESSARY:

HUD requires entitlement communities to complete a multi-year HUD Consolidated Plan and Annual Action Plan in order to receive the entitlement funding for community planning, homeless service, neighborhood revitalization, and capital projects programs.

WHAT ACTION ACCOMPLISHES:

Allows Lee County to continue to receive HUD planning, homeless service, neighborhood revitalization, and capital projects funds.  (#20030869-Human Services)

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Authorize approval of Quit Claim Deed to release a portion of the Access and Utility Easement for Parcel 108, a/k/a Caloosahatchee Creeks Preserve, of the Conservation 2020 Land Acquisition Program, Project No. 8800; the Chairman on behalf of the Board of County Commissioners to execute Quit Claim Deed; and the Division of County Lands to handle and accept all documentation necessary to complete this transaction.

WHY ACTION IS NECESSARY:

The Board must formally approve all real estate conveyances to and from Lee County.

WHAT ACTION ACCOMPLISHES:

Allows the County to release an excess portion of an access and utility easement included when the County acquired the property.  (#20030767-County Lands)

 

 

 

(b)

ACTION REQUESTED:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $26,500.00, for Parcels 149, 149A, 154, 154A, 165 and 166, Veronica S. Shoemaker Blvd. (formerly Palmetto Avenue) Extension, Project No. 4073, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must formally authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes required binding offer to property owner.  (#20030768-County Lands)

 

 

 

(c)

ACTION REQUESTED:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $1,500.00, for Parcel 129A, Veronica S. Shoemaker Blvd. (formerly Palmetto Avenue) Extension, Project No. 4073, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must formally authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes required binding offer to property owner.  (#20030769-County Lands)

 

 

 

(d)

ACTION REQUESTED:

Approve Budget Amendment Resolutions for Municipal Services Benefit Units (MSBU).

WHY ACTION IS NECESSARY:

Board of County Commissioners must approve Budget Amendments.

WHAT ACTION ACCOMPLISHES:

Allows staff to distribute funds appropriately.  (#20030773-MSTBU Services)

 

 

 

(e)

ACTION REQUESTED:

Concur with the selection of Consultants by the Competitive Negotiations Committee for CN-03-11 REAL ESTATE APPRAISAL SERVICES, and authorize staff to negotiate hourly rates and independent costs with the following twelve (12) selected firms: American Acquisition Group, Inc.; Boyd, Schmidt & Brannum; Diversified Appraisal, Inc.; Carlson, Norris and Associates, Inc.; Clayton, Roper & Marshall, Inc.; Coastal Engineering Consultants, Inc.; Corson & Associates Incorporated; Integra Hanson Consulting, Inc. DBA Integra Realty Resources-Southwest Florida; Jamir & Associates, Inc.; P.A.R.A.R.A.; Stewart & Company, Inc.; and W. Michael Maxwell & Associates, Inc. for a contract period of two (2) years with the option of renewal for two (2) additional 12-month periods.  Also, authorize Chairman on behalf of the Board to execute the agreements upon final negotiations.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides the County with several consultants on contract that can provide any and all real estate appraisal services for Rights-of-Way, Commercial Properties, Residential Properties, Environmentally Sensitive Land and Vacant Land/Acreage.  (#20030776-County Lands)

 

 

(f)

ACTION REQUESTED:

Approve Purchase Agreement for the acquisition of Parcel 22, Charlee Road Special Improvements MSBU Project; authorize the Division of County Lands to handle all documentation necessary; authorize payment of necessary fees.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

The Board avoids Eminent Domain.  (#20030793-County Lands)

 

 

(g)

ACTION REQUESTED:

Approve the recommendations of the Conservation Lands Acquisition and Stewardship Advisory Committee to pursue for acquisition 146 acres on Gator Slough in North Fort Myers and 1,575 acres on Telegraph Creek in Alva known as Conservation 20/20 Nominations 233 and 236A and B.  Authorize staff to enter negotiations with the property owners.

WHY ACTION IS NECESSARY:

The Board must approve advisory committee recommendations for Conservation 20/20 Program acquisitions and must authorize necessary expenses for the negotiation process.

WHAT ACTION ACCOMPLISHES:

Begins the negotiation process to buy environmentally sensitive lands needed for native plants and animals, flood control, water quality, water supply, and public use.  (#20030794-County Lands)

 

 

(h)

ACTION REQUESTED:

Approve Purchase Agreement for acquisition of Parcel 247, Three Oaks Parkway South Extension Project No. 4043, in the amount of $70,000.00; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

The Board avoids Eminent Domain.  (#20030797-County Lands)

 

 

(i)

ACTION REQUESTED:

Approve Purchase Agreement for acquisition of Parcel 248, Three Oaks Parkway South Extension Project No. 4043, in the amount of $42,000.00; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

The Board avoids Eminent Domain.  (#20030798-County Lands)

 

 

(j)

ACTION REQUESTED:

Approve Purchase Agreement for acquisition of Parcel 225, Three Oaks Parkway South Extension Project No. 4043, in the amount of $66,500.00; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

The Board avoids Eminent Domain.  (#20030802-County Lands)

 

 

(k)

ACTION REQUESTED:

Approve Purchase Agreement for acquisition of Parcel 239, Three Oaks Parkway South Extension Project No. 4043, in the amount of $83,000.00; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

The Board avoids Eminent Domain.  (#20030803-County Lands)

 

 

(l)

ACTION REQUESTED:

Approve Purchase Agreement for acquisition of Parcel 250, Three Oaks Parkway South Extension Project No. 4043, in the amount of $62,000.00; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

The Board avoids Eminent Domain.  (#20030804-County Lands)

 

 

(m)

ACTION REQUESTED:

Approve Resolution of Intent to Reimburse itself for the NE Hurricane Bay MSBU project.

WHY ACTION IS NECESSARY:

BOCC must approve all Resolutions

WHAT ACTION ACCOMPLISHES:

Provides cost savings to property owners.  (#20030819-MSTBU Services)

 

 

(n)

ACTION REQUESTED:

Accept by donation, a Quit Claim Deed for Part of Strap No. 02-46-22-19-00000.0050 necessary for the Cherry/Blueberry Lanes Special Improvement MSBU for maintenance of the existing roads and street lighting; authorize the Division of County Lands to handle and accept all documentation necessary; authorize payment of recording fees.

WHY ACTION IS NECESSARY:

Cherry and Blueberry Lanes are currently privately owned roads and the County cannot initiate maintenance without a fee interest.

WHAT ACTION ACCOMPLISHES:

Acquisition of right-of-way via Quit-Claim Deed by donation from benefited property owner.  (#20030828-County Lands)

 

 

(o)

ACTION REQUESTED:

Approve award of Proposal No. P-030549, Short Term Disability Insurance, to Standard Insurance Company, who offered the best overall proposal.  The initial contract period would run for two years.  Also request authority to renew this contract for three additional one-year periods, upon mutual agreement of both parties.

WHY ACTION IS NECESSARY:

To establish a contract for short term disability insurance for Lee County.

WHAT ACTION ACCOMPLISHES:

Establishes a competitive, fair market price for short term disability insurance.  (#20030820-Human Resources)

 

 

(p)

ACTION REQUESTED:

Approve re-conveyance of a portion of a Viewers’ Road located in Section 31, Township 43 South, Range 26 East and in Section 6, Township 44 South, Range 26 East; authorize Chairman to execute County Deed; authorize County Lands Division to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must approve all real estate conveyances by Lee County.

WHAT ACTION ACCOMPLISHES:

Returns a Viewers’ Road, not being used for intended purposes, to the adjacent owner.  (#20030858-County Lands)

 

 

(q)

ACTION REQUESTED:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $11,012 for Parcel 141, Veronica S. Shoemaker Blvd. (formerly Palmetto Avenue) Extension, Project No. 4073, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.  (#20030859-County Lands)

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Approve award of Quote No. Q-030421, Medications for Lee County Emergency Medical Services, to the low quoter meeting specifications per the circled line item, for one year.  Five line items are not awarded and deleted from the quote.  Also request authority to renew this quote for four additional one-year periods, upon mutual agreement of both parties.

WHY ACTION IS NECESSARY:

To establish a quote for medications for Lee County EMS.

WHAT ACTION ACCOMPLISHES:

Establishes a competitive, fair market price for medications for Lee County EMS.  (#20030783-EMS)

 

 

(b)

ACTION REQUESTED:

Approve Project # PB030654, the utilization (piggyback) of the City of Jacksonville, Florida Bid # SC-0492-01, for the purchase of cardiac monitoring treatment devices from Zoll Medical Corporation, for the Public Safety-EMS Division. The grand total for the 12 defibrillators, maintenance, extended warranty and accompanying accessories is $257,183.74.

WHY ACTION IS NECESSARY:

To allow Public Safety-EMS Division to equip all EMS backup and special detail units.

WHAT ACTION ACCOMPLISHES:

Allow Public Safety-EMS Division to acquire cardiac monitoring/treatment devices at a reasonable cost off an existing quote with the City of Jacksonville.  (#20030821-EMS)

 

 

(c)

ACTION REQUESTED:

Approve award of project # EX030656, the purchase of defibrillator accessories and supplies for Public Safety-EMS Division, from Zoll Medical Corporation off SNAPS II (State of Florida Negotiated Price Schedule) Agreement # 4652462-3.  Also request authority to continue to utilize the agreement until it expires or is renewed.

WHY ACTION IS NECESSARY:

Allows Public Safety-EMS Division to continue to purchase accessories and supplies that will annually exceed $50,000.

WHAT ACTION ACCOMPLISHES:

Allows Public Safety-EMS Division to continue to provide accessories and supplies for Zoll Defibrillators currently in use by the EMS Division.  (#20030830-EMS)

 

 

(d)

ACTION REQUESTED:

Adopt the annual resolution approving collection of the E 9-1-1 User Fee for recurring operating costs of forty-four (.44) cents from the local exchange telephone subscribers for FY 03-04.

WHY ACTION IS NECESSARY:

Board approval is required on an annual basis by F.S. 365.171. The telephone company also requires advance notice of any changes in billing rates.

WHAT ACTION ACCOMPLISHES:

Allows the local exchange telephone companies to collect the user fee necessary for the recurring expenses of tariff rates, database and equipment maintenance needed to support the Lee County Enhanced Emergency Telephone Number network which provides for police, fire/rescue and emergency medical services response.  (#20030817-E-911)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Approve budget resolution in the amount of $44,607 for unanticipated revenues from the Florida Department of Community Affairs for the Bonita Beach Renourishment Project (Project No. 203039) and amend the FY02/03-06/07 Capital Improvement Program accordingly.

WHY ACTION IS NECESSARY:

Board approval is required for budget resolutions and CIP amendments.

WHAT ACTION ACCOMPLISHES:

Allows use of emergency management funds from Tropical Storm Gabrielle damage on the Bonita Springs public beach for the Bonita Beach Renourishment Project.  (#20030789-Natural Resources)

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve the award of Formal Quote Q-030514, the purchase of one Case loader for Lee County Department of Transportation, to the low quoter meeting specifications, Briggs Equipment.  Price is $110,772; plus $7,545 for an optional 6 year/6,000 hours full machine extended warranty; for a grand total of $118,317.

WHY ACTION IS NECESSARY:

Purchases over $50,000 must be Board approved.

WHAT ACTION ACCOMPLISHES:

Necessary replacement for D.O.T. Operations Dept. to move debris from construction sites, clear right of ways and to load construction material into dump trucks.  (#20030843-Transportation)

 

 

(b)

ACTION REQUESTED:

Approve Joint Project Agreement with the Florida Department of Transportation for Construction of Buccaneer Mobile Home Park Noise Barrier, in the amount of $750,000.00. Also, approve budget transfer from reserves as stated in background. Amend FY03-07 Capital Improvement Program. And, approve authorizing resolution for Chairman to execute agreement.

WHY ACTION IS NECESSARY:

Requires BOCC approval for agreements and amendments to CIP.

WHAT ACTION ACCOMPLISHES:

Allows County to proceed with Construction Of Buccaneer Mobile Home Park Noise Barrier.  (#20030791-Transportation)

 

 

(c)

ACTION REQUESTED:

Approve Change Order No. 4 to Contract #2035, with TY Lin International, for CN-01-19 Summerlin Road Six Laning between San Carlos and Gladiolus, for a total not-to-exceed amount of $879,755.93.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Includes a four lane overpass over San Carlos Blvd with frontage roads.  Costs include all design engineering, topographic survey, geotechnical along with plans development.  (#20030844-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve final acceptance, by Resolution, as a donation for a water distribution system and gravity collection system serving Crown Colony – Phase II.  This is a developer-contributed asset project located on the east side of Winkler Road Extension, approximately 1/2 miles south of Summerlin Road.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to this phase of the recently constructed residential subdivision.

WHAT ACTION ACCOMPLISHES:

Complies with the Lee County Utilities Operations Manual and places the water system and gravity collection system into operation.  (#20030806-Utilities)

 

 

(b)

ACTION REQUESTED:

Approve final acceptance, by Resolution, as a donation for one 8” diameter fire line serving Hertz Rental Car Expansion.  This is a Developer contributed asset and the project is located on the north side of Chamberland Parkway approximately 2 miles from Daniels Parkway.

WHY ACTION IS NECESSARY:

To provide fire protection to the recently constructed industrial building.

WHAT ACTION ACCOMPLISHES:

Places the fire line into operation and complies with the Lee County Utilities Operations Manual.  (#20030807-Utilities)

 

 

(c)

ACTION REQUESTED:

Approve final acceptance, by Resolution as a donation for one 6” diameter fire line and one fire hydrant serving Switlik Aviation Maintenance, Inc.   This is a Lee County Port Authority contributed asset project located on the north side of Danley Drive just east of 1st Street, approximately 1,150’ north of South Road.

WHY ACTION IS NECESSARY:

To provide fire protection to the recently constructed aircraft maintenance facility.

WHAT ACTION ACCOMPLISHES:

Places the fire line and hydrant into operation and complies with the Lee County Utilities Operations Manual.  (#20030808-Utilities)

 

 

(d)

ACTION REQUESTED:

Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation for a water distribution system and gravity collection system serving Gladiolus Preserve.  This is a developer-contributed asset project located on the south side of Gladiolus Drive west of Bass Road.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to the recently constructed residential subdivision.

WHAT ACTION ACCOMPLISHES:

Complies with the Lee County Utilities Operations Manual and places the water system and gravity collection system into operation.  (#20030809-Utilities)

 

 

(e)

ACTION REQUESTED:

Approve final acceptance, by Resolution, as a donation of a water main extension and one 10’’ diameter fire line serving Saint Therese Mission Church.  This is a Developer contributed asset project located on the west side of N US 41 approximately 1 mile south of the Lee/Charlotte county line.

WHY ACTION IS NECESSARY:

To provide potable water service and fire protection to the recently constructed place of worship.

WHAT ACTION ACCOMPLISHES:

Places the water system into operation and complies with the Lee County Utilities Operations Manual.  (#20030810-Utilities)

 

 

(f)

ACTION REQUESTED:

Authorize the Chairman, on behalf of the BOCC to: 1) Execute an ‘Agreement for Modification and Grant of Perpetual Utility Easement’; and, 2) Approve final acceptance, by Resolution, as a donation of a water main relocation, serving Harbor Place Vistas Condominium at Peppertree Pointe, Phase 4.  This is a developer-contributed asset project located within Peppertree Pointe at the north end of Laguna Drive, approximately ½ mile north of Iona Road.

WHY ACTION IS NECESSARY:

To provide potable water service and fire protection to this recently constructed phase of the residential development.

WHAT ACTION ACCOMPLISHES:

Places the water system into operation and complies with the Lee County Utilities Operations Manual.  (#20030814-Utilities)

 

 

(g)

ACTION REQUESTED:

Authorize the Chairman, on behalf of the BOCC, to execute Amendment No. 1 to the “Agreement for the Delivery and Use of Reclaimed Water” dated March 16, 1999, between Robins Roost Phase I Homeowners Association and Lee County, to be recorded in the Public Records of Lee County, Florida.

WHY ACTION IS NECESSARY:

Amending the original agreement encourages the conservation of reclaimed water.

WHAT ACTION ACCOMPLISHES:

This amendment allows the amending of Section 14 (charge per gallon) and Exhibit B (quantity and maximum amount of water available of reclaimed water) of the original agreement.  (#20030815-Utilities)

 

 

(h)

ACTION REQUESTED:

Approve construction of one 2”diameter effluent reuse meter station and recording of an Agreement for the Delivery and Use of Reclaimed Effluent Water between Lee County and Florida Power and Light Company for a project known as Gladiolus Substation.  This is considered a Developer Contributed Asset and the project is located on the west side of Winkler Road Extension just south of Summerlin Road.

WHY ACTION IS NECESSARY:

Provides effluent reuse service for the irrigation of open green space to the existing electric substation.

WHAT ACTION ACCOMPLISHES:

Complies with the Lee County Utilities Operations Manual and provides adequate irrigation infrastructure.  (#20030799-Utilities)

 

 

(i)

ACTION REQUESTED:

Approve construction of a water distribution and gravity collection system to serve Colonial Shores – fka – Villages of Coconut Creek.  This is a Developer contributed asset project located on the southwest corner of John Morris Road and Iona Road.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to the proposed 171-unit single-family residential development.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20030805-Utilities)

 

 

(j)

ACTION REQUESTED:

Approve final acceptance, by Resolution, as a donation for a 2” diameter force main extension serving the Mesmer Residence.  This is a Developer contributed asset project located at 7171 Coco Sabal Lane, approximately 380’ south of Gladiolus Drive.

WHY ACTION IS NECESSARY:

To provide sanitary sewer service to the recently constructed single-family residence.

WHAT ACTION ACCOMPLISHES:

Places the force main into operation and complies with the Lee County Utilities Operations Manual.  (#20030822-Utilities)

 

 

(k)

ACTION REQUESTED:

Approve final acceptance, by Resolution, and recording of a Utility Easement as a donation of water main relocation serving Storgard, Phase 3.  This is a Developer contributed asset project located on the west side of Safety Street approximately 200’ south of Summerlin Road.

WHY ACTION IS NECESSARY:

Provides adequate water infrastructure to support future development.

WHAT ACTION ACCOMPLISHES:

Places the water main into operation and complies with the Lee County Utilities Operations Manual.  (#20030823-Utilities)

 

 

(l)

ACTION REQUESTED:

Approve construction of a water distribution and gravity collection system serving Palm Island, Phase II-B.  This is a Developer contributed asset project located on the north side of Hancock Bridge Parkway approximately ½ mile east of Orange Grove Boulevard.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to this phase of the Residential Development.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20030824-Utilities)

 

 

(m)

ACTION REQUESTED:

Approve construction of a water distribution to serve Heritage Pointe, Phases 2A, 7 & 8.  This is a Developer contributed asset project located on the east side of Pine Ridge Road approximately 1/3 mile north of Summerlin Road.

WHY ACTION IS NECESSARY:

To provide potable water service and fire protection to this phase of the multi-family residential development.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20030825-Utilities)

 

 

(n)

ACTION REQUESTED:

Approve construction of a water main extension serving The Woodlands at Shell Point Part B – Parkwood.  This is a Developer contributed asset and the project is located along the east side of Shell Point Blvd approximately 1 mile north of McGregor Blvd.

WHY ACTION IS NECESSARY:

To provide potable water service and fire protection to this phase of the proposed residential life care facility.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20030826-Utilities)

 

 

(o)

ACTION REQUESTED:

Board approval by Resolution to amend and completely replace Sections 5, 9, and 12 of the Lee County Utilities Operations Manual and establish an effective date upon adoption.

WHY ACTION IS NECESSARY:

To update the County’s Cross Connection Control Policy.

WHAT ACTION ACCOMPLISHES:

Incorporates and implements new Cross Connection Control procedures, design, and product technology.  (#20030829-Utilities)

 

 

(p)

ACTION REQUESTED:

Approve Addendum to the Construction Manager Agreement, for RFQ-01-08 North Lee County Water Treatment Plant, with Kellogg Brown & Root Inc. (Contract #1960) to include the Guaranteed Maximum Price (GMP) in the amount of  $24,000,000.00 (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 budget transfer of $4,000,000.00 from Utilities Capital Improvement Reserves and $7,000,000.00 from Water Connection Fee Reserves to the North Lee County Water Treatment Plant project and amend FY 02/03 – 06/07 CIP accordingly.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Provides for complete construction of the North Lee County Water Treatment Plant.  (#20030855-Utilities)

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Authorize chairman to sign release of license to use land.

WHY ACTION IS NECESSARY:

To legally execute the release of license to use land.

WHAT ACTION ACCOMPLISHES:

Releases a license to use land no longer needed.  (#20030811-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).  (#20030580-Clerk of Courts)

 

 

(b)

ACTION REQUESTED:

Present financial report 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.  (#20030755-Clerk of Courts)

 

 

(c)

ACTION REQUESTED:

File proof of publication of unclaimed cash bonds in the minutes of the County Commissioners of Lee County.

WHY ACTION IS NECESSARY:

Required pursuant to Chapter 116.21, Florida Statutes.

WHAT ACTION ACCOMPLISHES:

Notifies criminal and civil cash bond depositors of unclaimed bond refunds held by the Clerk of Courts.  (#20030870-Clerk of Courts)

 


ADMINISTRATIVE AGENDA

August 5, 2003

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Approve FY03 funding for two Permit Representative positions (#02445 and #02446), which have already been created and budgeted for FY04, by transferring funds from MSBU - Building Reserves. The approximate cost for the balance of FY03 for these fee-supported positions is $17,900 for salaries, fringe benefits, furniture and computers. Also approve implementation of Zoning Planning Technician position (#02436), which has also been created and budgeted for FY04, for this fiscal year.  Due to position vacancies in FY03, no funding transfers are necessary as sufficient funding is in place to cover this position for the remainder of this fiscal year.

WHY ACTION IS NECESSARY:

Board approval is needed for new positions during the fiscal year and transfers from reserves.

WHAT ACTION ACCOMPLISHES:

Maintains level of service for permitting. Level of service has been a problem due to staff vacancies and high activity levels.  (#20030801-Community Development)

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Adopt a Resolution to amend the Administrative Code to establish a policy and procedure for spending Municipal Services Benefit Unit restricted funds on a hardship deferral, matching grant and construction program.

WHY ACTION IS NECESSARY:

Requires approval by Board of County Commissioners.

WHAT ACTION ACCOMPLISHES:

Provides funding source and policy to assist property owners of established Municipal Services Benefit Unit with project cash.  (#20030746-MSTBU Services)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Approve and authorize the Chairman to sign the Second Amended and Restated Interlocal Agreement for Solid Waste Disposal with the City of Ft. Myers.

WHY ACTION IS NECESSARY:

Board approval required for Interlocal Agreement.

WHAT ACTION ACCOMPLISHES:

Amends the current agreement such that the County will now provide vegetative waste processing for both the City and the County.  (#20030781-Solid Waste)

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Request Board approval for an Interlocal Agreement between the County and the City of Sanibel Allowing for the County to take over the operation and control of the weigh station located on Causeway Island B and to collect the overweight fees on behalf of the City.

WHY ACTION IS NECESSARY:

Board approval is required for approval of Interlocal Agreements.

WHAT ACTION ACCOMPLISHES:

Allows for the County to take over operation and control of the weigh station.  (#20030714-Transportation)

 

 

(b)

ACTION REQUESTED:

Adopt proposed ultimate typical section for Burnt Store Rd. as developed by Avalon Engineering (attached) and direct County Lands to begin solicitation for voluntary acquisition of right of way within city limits of Cape Coral for the row of lots east of and abutting the existing right of way.  Authorize acquisition necessary on larger parcels to provide 155’ of additional right of way directly adjacent to and east of the existing right of way from SR 78 to Charlotte County line.

WHY ACTION IS NECESSARY:

Board endorsement of roadway alignments is required prior to acquisition of right of way.

WHAT ACTION ACCOMPLISHES:

Allows County to begin voluntary acquisition of right of way where the need is documented.  (#20030831-Transportation)

 

 

(c)

ACTION REQUESTED:

Authorize the Chairman to execute the attached interlocal agreement between the County and the City of Fort Myers for the CONSTRUCTION AND MAINTENANCE phases of the Veronica S. Shoemaker Boulevard (FKA Palmetto Avenue) Extension from Colonial Boulevard to Dr. Martin Luther King, Jr. Boulevard.

WHY ACTION IS NECESSARY:

Board authorization is required for execution of interlocal agreements.

WHAT ACTION ACCOMPLISHES:

Allows the final phase to proceed as a 50/50-funded effort between Lee County and the City of Fort Myers.  (#20030850-Transportation)

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Approve settlement in Lee County v. Miromar Lakes LLC, Case No. 02-7065-CA.

WHY ACTION IS NECESSARY:

Board approval required for all settlements.

WHAT ACTION ACCOMPLISHES:

Settles all claims in this condemnation case.  (#20030833-County Attorney)

 

 

(b)

ACTION REQUESTED:

Approve negotiated settlement in Lee County v. Vision XXII, Case No. 02-10642-CA, Parcel 102A/Exxon Mobil.

WHY ACTION IS NECESSARY:

Board approval is required for all settlements.

WHAT ACTION ACCOMPLISHES:

Settles all claims for the taking of 102A except fees and costs.  (#20030834-County Attorney)

 

 

(c)

ACTION REQUESTED:

Approve mediated settlement in Lee County v. Brady, Case No. 02-10691-CA, Parcel 109.

WHY ACTION IS NECESSARY:

Board must approve any settlement.

WHAT ACTION ACCOMPLISHES:

Settles all claims except fees and costs.  (#20030863-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS