|
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 |
||
October 7, 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
Paul Manuel |
Evangelical
Presbyterian Church |
||
|
|
|
|
|||
|
|
Pledge
of Allegiance |
|
|||
|
|
|
||||
|
|
Presentations: |
||||
|
|
|
·
|
|||
|
|
|
(Commissioner
Judah - #20031153) |
|||
|
|
|
·
|
|||
|
|
|
(George
Williams - #20031070) |
|||
|
|
|
||||
|
|
Recap |
||||
|
|
|
||||
|
|
Public
Comment on the Consent and Administrative Agenda |
||||
|
|
|
||||
|
|
|||||
|
|
·
|
Items
to be pulled for discussion by the Board |
|||
|
|
·
|
Motion
to approve balance of items |
|||
|
|
·
|
Consideration
of items pulled for discussion |
|||
|
|
|
||||
|
|
|||||
|
|
|
||||
|
|
Walk-ons
and Carry-overs |
||||
|
|
|
||||
|
|
Commissioners'
Items/Committee Appointments |
||||
|
|
|
||||
|
|
County
Manager Items |
||||
|
|
|
||||
|
|
County
Attorney Items |
||||
|
|
|
||||
|
|
Adjourn |
||||
October
7, 2003
|
1. |
COUNTY ADMINISTRATION |
||
|
|
ACTION
REQUESTED: Concur with the ranking of Consultants by the
Competitive Negotiations Committee for CN-03-15, TOURISM AND CONVENTION SALES
PROMOTION REPRESENTATION, in the following order of ranking, and authorize
contract negotiations with the number one ranked firm: (1) Florida Travel Marketing; and (2) Open
the Door; Access the World. Further,
authorize chairman to execute an agreement for an amount not-to-exceed
$125,000.00, with a contract period for one (1) year (October 1,
2003-September 30, 2004) with the option to renew under the same terms and
conditions for four (4) additional one (1) year periods. This project is to be solely funded by the
Tourist Tax. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: The Consultant shall provide such activities as
conducting sales calls on tour operators, travel agents, and convention
meeting planners, conducting tourism trade show promotions, organizing and
implementing familiarization tours of Lee County, work as tourism industry liaison,
general consultation and promotional activities. (#20031109-VCB) |
||
|
2. |
CONSTRUCTION AND DESIGN |
||
|
|
ACTION
REQUESTED: Approve additional Senior Supply Specialist
position for Facilities Management Administration for FY04, and transfer of
Budget from General Fund Reserves $45,579 to cover salary, benefits and
associated operating costs. WHY ACTION
IS NECESSARY: Board approval needed for new positions and
transfers from Reserves. WHAT ACTION
ACCOMPLISHES: Provides ample staff to maintain and support the
County Records Center.
(#20031077-Facilities Management) |
||
|
|
ACTION
REQUESTED: Approve award of project # EX030791, the purchase
of carpet installation for Public Works/Construction and Design Department,
from Re:Source Florida an Interface Company via GSA Contract #GS-27F-0002A at
$76,002.00. Also request approval of
expenditure of a not to exceed amount of $5,000.00 for incidentals related to
the installation of carpet.
Additionally approve the budget transfer of $225,000 from Capital
Improvement Reserves to the CD/PW Carpet Replacement project and amend FY
03/04-07/08 CIP. WHY ACTION
IS NECESSARY: Purchases over $50,000 must be approved by the
Board. WHAT ACTION
ACCOMPLISHES: Allows Public Works/Construction and Design
Department to install carpet in the CD/PW Building. (#20031107-Construction and Design) |
||
|
|
ACTION REQUESTED: Approve Addendum to the Construction Manager
Agreement, for RFQ-02-04 Justice Center Expansion Phase 2 (3rd Floor Pod A Court Smart and
Preconstruction for the balance of Justice Center Expansion), with Centex
Rooney Construction Company (Contract #2161) to include the Guaranteed
Maximum Price (GMP) for Phase 2 in the amount of $513,634.00 (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 Transfer in the amount of $513,634 from the Capital Improvement Fund
Reserves to the Justice Center Expansion project and amend FY 03/04 - 07/08
CIP accordingly. WHY ACTION IS NECESSARY: Board approval required. WHAT ACTION ACCOMPLISHES: This project is for Phase 2, 3rd Floor
Pod A Court Smart and Preconstruction for the balance of Justice Center
Expansion project.
(#20031148-Construction and Design) |
||
|
|
ACTION
REQUESTED: Award and authorize staff to enter into a
Construction Manager Agreement for RFQ-03-04 Construction Management for the
Public Safety Building HVAC Replacement, to Bundschu Kraft, for the sum of
eight and one-half percent (8.5%) of the total construction cost of the total
construction cost of the project. WHY ACTION
IS NECESSARY:
Board approval is required. WHAT ACTION
ACCOMPLISHES: Provides construction management services for the
Public Safety Building HVAC Replacement. (#20031159-Construction &
Design) |
||
|
3. |
COUNTY COMMISSIONERS |
||
|
4. |
COMMUNITY DEVELOPMENT |
||
|
|
ACTION REQUESTED: Accept a Petition to Vacate a 12-foot wide
Drainage and Public Utility Easement located at 640 Charwood Avenue South,
Lehigh Acres, Florida, and adopt a resolution, setting a Public Hearing for
5:00 PM on the 28th day of October, 2003. (Case No. VAC2003-00055) WHY ACTION
IS NECESSARY: To build a single-family residence on the combined
lots. The vacation of this easement will not alter existing drainage and
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. (#20031099-Development Services) |
||
|
5. |
HUMAN SERVICES |
||
|
|
ACTION
REQUESTED: Authorize Board Chairman to sign the final
Substance Abuse and Mental Health Services Administration (SAMHSA) Child
Mental Health Initiative grant application and certifications, exempt Human
Services from the County hiring and contracting procedures related solely to
this grant if awarded, and authorize Board Chairman to sign Memorandums of
Understanding with partnering public and non-profit entities for the
development of the Child Mental Health Initiative which will be known as the
Lee Integrated Network for Kids (LINK). WHY ACTION
IS NECESSARY: The grant requires the execution of Memorandums of
Understanding with partnering organizations for the application, and requests
that key staff and contracted services be identified in the application
document. WHAT ACTION
ACCOMPLISHES: Authorization to submit
the application in accordance with SAMHSA guidelines and
recommendations. (#20031151-Human
Services) |
||
|
6. |
INDEPENDENT |
||
|
|
ACTION
REQUESTED: Accept $8,859.00 as full payment to satisfy the
lien on STRAP # 16-46-25-07-00111.0310 for the Matanzas Road & Gull Lane
Road Improvement MSBU. WHY ACTION
IS NECESSARY: Requires Board approval to waive penalty for non
homesteaded property. WHAT ACTION
ACCOMPLISHES: County will receive full principal and interest
due. (#20031057-MSTBU Services) |
||
|
|
ACTION
REQUESTED: Accept highest bid of $101,011 and approve Real Estate Sales Agreement for the sale of County Surplus Property located at 13502/13512 Pine Villa Lane, Fort Myers, Florida (STRAP Number 24-45-24-04-00000.0010 and 24-45-24-04-00000.0020). Authorize the chairman to execute the County Deed and authorize the Division of County Lands to handle and accept all documentation necessary to complete the transaction. WHY ACTION
IS NECESSARY: The Board must approve all real estate conveyances
by Lee County. WHAT ACTION
ACCOMPLISHES: Sale of surplus county real estate, returning it
to the tax roll and eliminating any further liability for maintenance and
insurance. (#20031140-County Lands) |
||
|
|
ACTION
REQUESTED: Accept highest bid of $101,000 and approve Real Estate Sales Agreement for the sale
of County Surplus Property located at 13503/13513 Pine Villa Lane, Fort
Myers, Florida (STRAP Numbers
24-45-24-04-00000.0450 and 24-45-24-04-00000.0460). Authorize the chairman to execute the County Deed and authorize
the Division of County Lands to handle and accept all documentation necessary
to complete the transaction. WHY ACTION
IS NECESSARY: The Board must approve all real estate conveyances
by Lee County. WHAT ACTION
ACCOMPLISHES: Sale of surplus county real estate, returning it
to the tax roll and eliminating any further liability for maintenance and
insurance. (#20031141-County Lands) |
||
|
|
ACTION
REQUESTED: Accept increased bid of $103,500 and approve Real
Estate Sales Agreement for the sale of County Surplus Property located at
4551 Tilton Court, Fort Myers, Florida (STRAP Number
02-45-24-P2-00066.002B). Authorize
the chairman to execute the County Deed and authorize the Division of County
Lands to handle and accept all documentation necessary to complete the
transaction. WHY ACTION
IS NECESSARY: The Board must approve all real estate conveyances
by Lee County. WHAT ACTION
ACCOMPLISHES: Sale of surplus county real estate, returning it
to the tax roll and eliminating any further liability for maintenance and
insurance. (#20031142-County Lands) |
||
|
|
ACTION REQUESTED: Approve budget amendment resolution for “English
Café” grant in the amount of $42,049; approve budget transfer for matching
funds in the amount of $16,264 and; establish a full time Library Associate
grant position for the Library Services & Technology Act (LSTA) grant
“English Café”. The grant and the
position will expire on September 30, 2004. WHY ACTION IS NECESSARY: Board approval required to establish positions;
and budget amendments must be adopted by Resolution. WHAT ACTION ACCOMPLISHES: Moves funds from the Library Service fund to the appropriate grant matching fund, and establishes one Library Associate position; accepts $42,049 as unanticipated revenue and designates grant expenditures. (#20031138-Library) |
||
|
7. |
PUBLIC SAFETY |
||
|
|
ACTION
REQUESTED: Approve and execute the Emergency Management
Preparedness and Assistance (EMPA) Base Grant Agreement #04BG-04-09-46-01-036
with the Florida Department of Community Affairs which provides a $102,959
grant to enhance the county=s emergency management program. Approve Budget Amendment Resolution in the
general fund for FY04 in the amount of $102,959. WHY ACTION
IS NECESSARY: State law requires Board approval of allocation
before expenses can be applied against the grant funding. WHAT ACTION
ACCOMPLISHES: Furnishes funding to improve the county=s emergency program in a
manner consistent with the State Emergency Management Plan and supporting
programs. (#20030956-Emergency
Management) |
||
|
|
ACTION
REQUESTED: Approve and execute an agreement with Good Wheels
for transportation services in the event of a declared State of Local
Emergency. WHY ACTION
IS NECESSARY: Board approval is required. WHAT ACTION
ACCOMPLISHES: To assist Lee County in providing transportation
assistance to people with special needs in the event of a declared State of
Local Emergency. (#20031083-Emergency
Management) |
||
|
8. |
SOLID WASTE-NATURAL
RESOURCES |
||
|
9. |
TRANSPORTATION |
||
|
|
ACTION
REQUESTED: Request Board approve Change Order No. 2 to
APAC-SOUTHEAST for $115,209.00 to add 3’ paved shoulders on Alico Road. WHY ACTION
IS NECESSARY: Board approval necessary for Change Orders in
excess of $50,000.00. WHAT ACTION
ACCOMPLISHES: Enables Lee County DOT to add paved shoulders to
Alico Road as a safety feature prior to resurfacing. Shoulders will be added from Ben Hill
Griffin East to APAC’s pit, both sides of the road. (#20031143-Transportation) |
||
|
|
ACTION REQUESTED: Approve configuration of new access onto Veterans
Memorial Parkway (at a point about 775 feet to the east of Del Prado
Boulevard) at SE 26th Street in the City of Cape Coral,
Florida. The new access will be
constructed in substantial conformity with the Board of County Commissioners’
approval of September 23, 2003. ALSO
approve amendment of the FY 04-08 Capital Improvement Program to add Project
No. 6058 – Veterans Memorial Parkway Access/Everest Parkway; approve transfer
from Reserves for $520,000 to cover anticipated construction cost; AND
direct staff to seek amendment of the Interlocal Agreement with the City of
Cape Coral to fund this project from both the County’s and City’s share of
surplus toll revenues. WHY ACTION IS NECESSARY: Completes the Board of County Commissioners’
approval of a new access onto Veterans Memorial Parkway where the final
configuration had not yet been fully determined. WHAT ACTION ACCOMPLISHES: Approves the configuration of a new access onto
Veterans Memorial Parkway to be constructed in substantial conformity with
the Board’s approval of the access point on September 23, 2003. (#20031149-Transportation) |
||
|
|
ACTION
REQUESTED: Award and authorize staff to enter into a
Construction Manager Agreement for RFQ-03-03 Construction Management for the
Sanibel Bridge & Toll Plaza Reconstruction along with Cape Coral Toll
Plaza, to Jacobs Civil Inc., for the sum of six percent (6%) of the total
construction cost of the project. WHY ACTION
IS NECESSARY: Board approval is required. WHAT ACTION
ACCOMPLISHES: Provide construction management services for the Sanibel Bridge & Toll
Plaza Reconstruction along with Cape Coral Toll Plaza. (#20031157-Transportation) |
||
|
|
ACTION REQUESTED: Approve Supplemental Task Authorization No. 1
to Contract #2488, to WilsonMiller Inc., under CN-03-07 Miscellaneous
Professional Services – Island Park Regional Mitigation Project, in the
amount of $96,695.00. WHY ACTION IS NECESSARY: Board approval required. WHAT ACTION ACCOMPLISHES: Will provide the County with a consultant for the
engineering/surveying and permitting services for the Island Park Regional
Mitigation Project. (#20031105-Transportation) |
||
|
10. |
UTILITIES |
||
|
|
ACTION REQUESTED: Approve construction of a water distribution and
gravity collection system serving Venetian
Village, Phase III-B. This is a
Developer contributed asset and the project is located approximately ¼ mile
east of A & W Bulb Road and approximately ½ of a mile north of Gladiolus
Drive. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this phase of the proposed 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.
(#20031111-Utilities) |
||
|
|
ACTION REQUESTED: Approve final acceptance, by Resolution, as a
donation of a 6’’ diameter fire line serving Bullseye Center. This is
a Developer contributed asset project located on the northwest corner of
Crystal Court and Brantley Road. WHY ACTION IS NECESSARY: To provide fire protection to the recently
constructed commercial building. WHAT ACTION ACCOMPLISHES: Places the fire line into operation and complies
with the Lee County Utilities Operations Manual. (#20031112-Utilities) |
||
|
|
ACTION REQUESTED: Approve final acceptance, by Resolution and
recording of one utility easement, as a donation of water distribution and
gravity collection systems serving Gardens @ Beachwalk, Phase I. This is a Developer contributed asset
project located on the south side of Gladiolus Drive between San Carlos
Boulevard and Pine Ridge Road. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to the recently constructed multi-family apartment
complex. WHAT ACTION ACCOMPLISHES: Places the water and sewer systems into operation and complies with the Lee County Utilities Operations Manual. (#20031125-Utilities) |
||
|
|
ACTION REQUESTED: Approve construction of a water distribution
system serving Wal-Mart Plaza, North
Fort Myers, Phase 2. This is a
Developer contributed asset and the project is located on the east side of
Many Road approximately 250’ south of Pine Island Road. WHY ACTION IS NECESSARY: To provide potable water service and fire
protection to this phase of the proposed retail plaza. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual.
(#20031133-Utilities) |
||
|
11. |
PARKS AND RECREATION |
||
|
12. |
COUNTY ATTORNEY |
||
|
|
ACTION REQUESTED: Reject tender of $6,400.00 from Safeco Insurance
Co. To settle claim in Lee County v. Filler. WHY ACTION IS NECESSARY: Check tendered to settle all claims and Board must
decide whether to settle or not. WHAT ACTION ACCOMPLISHES: Rejects settlement offer of Safeco Insurance
Co. (#20031136-County Attorney) |
||
|
|
ACTION REQUESTED: (1) Approve the “Disclosure
and Waiver of Conflicts of Interest” document supplied by Holland &
Knight. A conflict of interest could
potentially arise out of the representation by Holland & Knight LLP of
Verizon Wireless (“Verizon Wireless”) and/or its affiliates during lease
negotiations for the placement and construction of a communications tower on
the Lee Civic Center property. (2)
Provide direction to county staff on scope of Lee County Fair Association
“Agreement for Management of Lee Civic Center Complex” and whether
negotiations for the lease of civic center property for placement of a
communication tower should be pursued. WHY ACTION IS NECESSARY: (1) Board approval is
required to waive any potential conflicts of interest. (2) Board direction is needed as to scope
of “Agreement for Management of Lee Civic Center Complex” and negotiations
for land lease to Verizon. WHAT
ACTION ACCOMPLISHES: Allows
Holland & Knight LLP to represent Verizon Wireless in connection with
negotiations for a lease agreement allowing Verizon to construct a
communications tower on the Lee Civic Center site. (#20031123-County Attorney) |
||
|
13. |
HEARING EXAMINER |
||
|
14. |
PORT AUTHORITY |
||
|
15. |
CONSTITUTIONAL OFFICERS |
||
|
|
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). (#20031155-Clerk of
Courts) |
||
October
7, 2003
|
1. |
COUNTY ADMINISTRATION |
||
|
2. |
CONSTRUCTION AND DESIGN |
||
|
3. |
COUNTY COMMISSIONERS |
||
|
4. |
COMMUNITY DEVELOPMENT |
||
|
5. |
HUMAN SERVICES |
||
|
6. |
INDEPENDENT |
||
|
7. |
PUBLIC SAFETY |
||
|
|
ACTION REQUESTED: Authorize expenditures to American Eurocopter no to exceed $4,340,101.00 as final payment(s) for purchase of an American Eurocopter EC145 helicopter airframe and optional equipment. WHY ACTION IS NECESSARY: Expenditures over $50,000.00 must have Board
approval, according to Section 9.4.1 of the Lee County Purchasing and Payment
Procedures Manual. WHAT ACTION ACCOMPLISHES: Completes the purchase agreement for the airframe and optional equipment of the EC145 helicopter for Lee County EMS. (#20030999-Public Safety) |
||
|
8. |
SOLID WASTE-NATURAL
RESOURCES |
||
|
9. |
TRANSPORTATION |
||
|
10. |
UTILITIES |
||
|
11. |
PARKS AND RECREATION |
||
|
12. |
COUNTY ATTORNEY |
||
|
|
ACTION REQUESTED: Approve settlement in Lee County v. Henry, et al.
Case No. 02-8333-CA-H. WHY ACTION IS NECESSARY: Board must approve any settlement of litigation. WHAT ACTION ACCOMPLISHES: Settles the claims for compensation for Parcel
1510. (#20031137-County Attorney) |
||
|
13. |
HEARING EXAMINER |
||
|
14. |
PORT AUTHORITY |
||
|
15. |
CONSTITUTIONAL OFFICERS |
||