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

 

 

September 16, 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:

Reverend Ralph Rivers

Good Shepherd United Methodist Church

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

 

 

·   

National Estuaries Day Resolution

 

 

(Commissioner Judah-#20031035)

 

 

·   

Leukemia and Lymphoma Awareness Month Resolution

 

 

(Commissioner Judah-#20031036)

 

 

·   

“Do the Right Thing” Resolution

 

 

(Commissioner Coy-#20031037)

 

 

 

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

September 16, 2003

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Present to the Board for information and filing the Object Code #504015 Expenditure Report for the third quarter of FY02-03 (April through June 2003)

WHY ACTION IS NECESSARY:

Lee County Ordinance #90-18

WHAT ACTION ACCOMPLISHES:

Allows Board to monitor expenditures being made by County Departments and Divisions to this object code. (#20031040-County Administration)

 

 

(b)

ACTION REQUESTED:

Approve an advance of $2,556,000 to the Tax Collector for Ad Valorem commission fees for Fiscal Year 2003-2004 per Florida Statutes 192.102 and 218.36.

WHY ACTION IS NECESSARY:

In as much as all Excess Fees are payable and due to be returned to the Board of County Commissioners on the 31st day after the close of the fiscal year, the Tax Collector will require operating funds for the months of October and November 2003

WHAT ACTION ACCOMPLISHES:

Provides operating funds necessary for the first two months of FY 2003-2004 in anticipation of commissions earned from Ad Valorem monies collected and distributed. (#20031058-County Administration)

 

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 Building 5th Floor Air Handlers Project to Compass Construction Inc., for the Guaranteed Maximum Price (GMP) of $714,099.00 (includes $52,845.94 or 8% CM fee). Also request 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 $80,000.00 from the Justice Center Pneumatic Change Out and $406,000.00 from the Capital Improvement Fund Reserves to the Justice Center Air Handlers Project and amend FY 02/03-06/07 CIP for the Justice Center Air Handlers Project.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides the County with a Construction Manager for the replacement of the air handlers and all associated work for the Lee County Justice Center, 5th Floor.  (#20031019-Construction and Design)

 

 

(b)

ACTION REQUESTED:

Award the Construction Management Agreement under RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as Cape Coral Governmental Complex Tax Collector Renovations (Phase II and III)  to Casey Construction, for the Guaranteed Maximum Price (GMP) of $420,068.74 (includes $32,154.03 CM fee). Also request 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.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides the County with a Construction Manager for the Lee County Government Building, Tax Collector Renovations, Cape Coral Phase II and III.  (#20031020-Construction and Design)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Accept a Petition to Vacate a 12-foot wide Drainage and Public Utility Easement located between 11360 and 11370 Longwater Chase Court, Ft. Myers, Florida, and adopt a resolution, setting a Public Hearing for 5:00 PM on the 14th day of October, 2003.  (VAC2003-00036)

WHY ACTION IS NECESSARY: 

To resolve title issues on both properties that resulted from improvements that were constructed within the easement.  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. (#20030973-Development Services)

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED: Approve award of project # EX030555, the purchase of Tools: Hand Held & Hand Held Power Tools from Hughes Supply, Inc. and Grainger Industrial Supply, for all County Departments and Divisions, at the discounts listed on the Florida State Contract No.: 445-001-03-1. Also to request authority to continue to utilize the contract until it expires or is renewed. Funding will come from the individual department or division’s budget whom will be responsible for monitoring their own individual expenditures.

WHY ACTION IS NECESSARY:

Board approval is required for expenditures exceeding $50,000.

WHAT ACTION ACCOMPLISHES:

Allows all County Departments and Divisions to continue to purchase needed tools.  (#20031027-Purchasing)

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Authorize Chairman to execute Modification to agreement with the Department of Community Affairs contract #03-NF-00-00-00-00-804 to provide additional transport and testing equipment for an emergency interoperable communications system.

WHY ACTION IS NECESSARY:

Commission Chairman’s signature is required to execute the modification.

WHAT ACTION ACCOMPLISHES:

The modification legally transfers communication’s equipment purchased through federal grants to Lee County to support Homeland Security capability.  (#20030963-Emergency Management)

 

 

(b)

ACTION REQUESTED:

Approve Extension to Interlocal Agreement with the City of Fort Myers for Fire Protection and Prevention Services to the Maravilla MSTU and Naravez for the period beginning October 1, 2003 through September 30, 2004 in the amount of $58,100.  Funds are available.

WHY ACTION IS NECESSARY:

This agreement is necessary in order to provide fire protection services to the residents of Maravilla MSTU District for FY04.

WHAT ACTION ACCOMPLISHES:

Continues fire protection services to the residents of Maravilla MSTU District by the City of Fort Myers Fire Department.  (#20031012-Public Safety)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Execute Sovereign Submerged Lands Easement No. 40022 with Board of Trustees of the Internal Improvement Trust Fund of the State of Florida.  Use of the property is for a borrow site relative to the Bonita Beach Renourishment Project. 

WHY ACTION IS NECESSARY:

Easement required as part of Joint Coastal Permit No. 0200803-001-JC for Bonita Beach Renourishment Project.

WHAT ACTION ACCOMPLISHES:

Identifies borrow site and provides use of site for completion of renourishment project. (#20031033-Natural Resources)

 

9.

 TRANSPORTATION

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve final acceptance, by Resolution, as a donation for one 6” diameter fire line serving North Fort Myers Community Park Ph II.  This is a Lee County Department of Construction and Design contributed asset and the project is located on the west side of Business 41 North, approximately ½ mile north of Pine Island Road.

WHY ACTION IS NECESSARY:

To provide fire protection to this phase of the park.

WHAT ACTION ACCOMPLISHES:

Places the fire line into operation and complies with the Lee County Utilities Operations Manual. (#20031017-Utilities)

 

 

(b)

ACTION REQUESTED:

Approve final acceptance, by Resolution, as a donation for one fire hydrant serving Alico Commerce Center, Lots 8 & 9. This is a Developer contributed asset project located on the east side of Alico Commerce Court approximately 500 feet south of Alico Road.

WHY ACTION IS NECESSARY:

To provide fire protection to the recently constructed industrial building.

 WHAT ACTION ACCOMPLISHES:

Places the fire hydrant into operation and complies with the Lee County Utilities Operations Manual. (#20031018-Utilities)

 

 

(c)

ACTION REQUESTED:

Approve final acceptance by Resolution, as a donation of water distribution and gravity collection systems, lift station and force main serving Laguna Lakes, Phases I & III.  This is a developer contributed asset project located at the southeast corner of Gladiolus Drive and Bass Road.

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:

Places the water and sewer systems into operation and complies with the Lee County Utilities Operations Manual. (#20031023-Utilities)

 

 

(d)

ACTION REQUESTED:

Authorize the Chairman, on behalf of the BOCC to approve budget transfer for $1,369,479 for various ongoing projects in the former GES service area; and allow amendment of FY02/03-06/07 CIP accordingly.

WHY ACTION IS NECESSARY:

Budget transfers from reserves must be approved by the Board of County Commissioners.

WHAT ACTION ACCOMPLISHES:

Establishes projects for ongoing ventures in the former GES service area. (#20031048-Utilities)

 

11.

PARKS AND RECREATION

 

 

(a)

ACTION REQUESTED:

Approve Joint Project Agreement between the Florida Department of Transportation (FDOT) and Lee County to establish a mitigation project in the southern portion of the Six Mile Cypress Slough Preserve for environmental impacts of the Metro Parkway Extension; Declare County-owned property identified as part of Strap Nos. 31-45-25-00-00002.1360 & .1390, 13.858 acres within the Six Mile Preserve, located south of Six Mile Parkway near the rail road crossing in South Fort Myers, as surplus, and direct staff to proceed with the donation conveyance to the FDOT in accordance with FS 125.38; approve Resolution of Surplus Real Property; authorize Chairman, on behalf of the Board of County Commissioners, to execute County Deed; authorize County Lands to handle and accept all documentation necessary to complete this transaction with the FDOT. Consider whether Lee County should contribute funding for additional culverts under Metro Parkway.

WHY ACTION IS NECESSARY:

The JPA is required to insure FDOT and Lee County agree to meet their respective permitting, mitigation and fiscal responsibilities to allow the Metro Parkway Extension project to be constructed.  The land donation is necessary for provision of the right-of-way needed to build the road on what is presently County property.

WHAT ACTION ACCOMPLISHES:

Meets the requirements of the FDOT, Lee County and the environmental permitting agencies for the Metro Parkway Extension Project and provides land for the road construction of Metro Parkway.  (#20031029-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).  (#20031031-Clerk of Courts)

 

ADMINISTRATIVE AGENDA

September 16, 2003

 

1.

COUNTY ADMINISTRATION

 

 

2.

CONSTRUCTION AND DESIGN

 

 

3.

COUNTY COMMISSIONERS

 

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve Waiver W-030751 to waive the formal quotation procedure and allow Lee Tran to rapidly and efficiently procure Gillig Bus Parts as needed for three years from the date of approval.  Gillig Corporation does not have distributors and is a sole source for OEM parts.

WHY ACTION IS NECESSARY:

The Board must approve purchases over $50,000.

WHAT ACTION ACCOMPLISHES:

Allows Lee Tran to promptly maintain the Gillig buses in its fleet.  (#20031014-Transit)

 

7.

PUBLIC SAFETY

 

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve Bid Waiver No. W-030753 to waive the formal quotation procedure and accept the negotiated offer of three percent off of contractor pricing by Ferguson Waterworks for Water, Sewer, and Irrigation Materials for the Utilities Division.  A bid waiver has been requested because Utilities would like to add materials not covered under an existing quote (Q-020081) with Ferguson, to take advantage of one stop for all underground material purchases.  Request Board approval for a waiver term that will run through 12/31/07, which is the original term of Quote No. Q-020081.

WHY ACTION IS NECESSARY:

Purchases anticipated to be over $50,000.00 must be approved by the Board.

WHAT ACTION ACCOMPLISHES:

This waiver will allow the Utilities Division to purchase needed items from Ferguson Waterworks that are not on Quote No. Q-020081, at a fair price.  (#20031021-Utilities)

 

11.

PARKS AND RECREATION

 

 

12.

COUNTY ATTORNEY

 

 

13.

HEARING EXAMINER

 

 

14.

PORT AUTHORITY

 

 

15.

CONSTITUTIONAL OFFICERS