District #1

Bob Janes

District #2

Douglas St. Cerny

Vice Chairman

District #3

Ray Judah

 

District #4

Andrew W. Coy

District #5

John E. Albion

Chairman

Donald D. Stilwell,

County Manager

 

James G. Yaeger, County Attorney

     

 

January 6, 2004

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 Deborah Allen

Tice United Methodist Church

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

 

 

·   

National Stalking Awareness Month Resolution

 

 

(Commissioner Judah-#20031496)

 

 

·   

Length of Service Awards

 

 

(Charlotte Veaux-#20031395)

 

 

 

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

January 6, 2004
 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Approve Change Order NO. 5 to Contract #1584 for RFP-00-10 Tourism Advertising, Program Planning, Creation & Implementation with BVK/McDonald in the amount of $550,000.00 for additional marketing & expenditures at new airport terminal.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

To cover for additional funds allocated to cover for additional marketing & expenditures at new airport terminal.  (#20031377-VCB)

 

 

(b)

ACTION REQUESTED:

Present to the Board for information and filing the Object Code #504015 Expenditure Report for the fourth quarter of FY02-03 (July through September 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.  (#20031470-County Manager)

 

 

(c)

ACTION REQUESTED:

Approve $52,500 for the Edison-Ford Estates and $100,000 for the Southwest Florida Community Foundation to manage funding on behalf of the Alliance of the Arts under the Tourist Development Council Attractions Marketing Program.

WHY ACTION IS NECESSARY:

This Approval will allow the Visitor & Convention Bureau to distribute these funds, utilizing the current purchasing system.

WHAT ACTION ACCOMPLISHES:

This Approval will allow non-profit organizations under the TDC Attractions Marketing Program to advertise and promote local attractions so as to attract visitors and to enhance their visit to Lee County.  (#20031484-VCB)

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

Award Professional Services Agreement for CN-03-13 TEN MILE LINEAR PARK, to David M. Jones, Jr. and Associates, for a total contract amount of $263,239.00.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

This project involves the consultant providing the necessary professional services for the Ten Mile Linear Park.  (#20031419-Construction and Design)

 

 

(b)

ACTION REQUESTED:

Award Professional Services Agreement for CN-03-17 EMERGENCY MEDICAL SERVICES/UTILITIES WAREHOUSE, to Sheeley Architects, Inc. , for a lump sum of  $74,500.00.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides a Consultant that will perform the following professional services:  Design and construction administration for a 20,000 square foot metal building system warehouse.  Services to include but not be limited to architectural, civil, structural, mechanical, plumbing, electrical, surveying, and landscaping.  (#20031483-Construction and Design)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED: 

Accept a Petition to Vacate a 12-foot wide Public Utility Easement located at 3114 Lee Blvd, Lehigh Acres, Florida 33971, and adopt a resolution, setting a Public Hearing for 5:00 PM on the 27th day of January 2004.  (Case No. VAC2003-00068)

 WHY ACTION IS NECESSARY: 

To construct three (3) commercial buildings on the combined eight (8) lots.  The vacation of this easement will not alter existing utility conditions and the easement is not necessary to accommodate any future utility requirements.

WHAT ACTION ACCOMPLISHES: 

Sets the time and date of the Public Hearing. (#20031297-Community Development).

 

 

(b)

ACTION REQUESTED:

Accept a Petition to Vacate a 12-foot wide Public Utility Easement located at 2401 Gretchen Ave S., Lehigh Acres, Florida 33971, and adopt a resolution, setting a Public Hearing for 5:00 PM on the 27th day of January 2004.  (Case No. VAC2003-00067)

WHY ACTION IS NECESSARY:

To construct a commercial building on the combined lots.  The vacation of this easement will not alter existing utility conditions and the easement is not necessary to accommodate any future utility requirements.

WHAT ACTION ACCOMPLISHES:

Sets the time and date of the Public Hearing. (#20031445-Community Development)

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve Purchase Agreement for acquisition of Parcel 236, Three Oaks Parkway South Extension Project No. 4043, in the amount of $82,500.00; 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.  (#20031436-County Lands)

 

 

(b)

ACTION REQUESTED:

Approve Purchase Agreement for acquisition of Parcel 238, Three Oaks Parkway South Extension Project No. 4043, in the amount of $57,500.00; 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.  (#20031473-County Lands)

 

 

(c)

ACTION REQUESTED:

Approve the award of formal quotation Q-030763, the purchase of New Holland parts to the highest percentage off list price vendor meeting specification requirements, Creel Tractor.  Approximate expenditure, $100,000. per year.

WHY ACTION IS NECESSARY:

Purchases over $50,000 must be board approved.

WHAT ACTION ACCOMPLISHES

 Allows Fleet Management to continue to buy New Holland parts for County equipment.  (#20031474-Fleet Management)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve Change Order No. 1 to Contract #2318, with Hardesty & Hanover, LLP, for CN-02-14 Sanibel Island Causeway Improvements, Causeway Reconstruction and Replacement of Structure A, for a total not-to-exceed amount of $589,239.64.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Allows for a design change from a rehabilitation bridge to a total bridge replacement for the Causeway Reconstruction and Replacement of Structure A.  (#20031369-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve construction of a water distribution and gravity collection system serving International Design Center. This is a Developer contributed asset and the project is located on southeast corner of I-75 and Corkscrew Road.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20031453-Utilities)

 

 

(b)

ACTION REQUESTED:

Approve final acceptance by Resolution and recording of one (1) Utility Easement, as a donation of water distribution system, one (1) 8” diameter fire line and a gravity collection system serving Grand Bay Plaza.  This is a developer contributed asset project located on the west side of South Tamiami Trail approximately 1000’ south of Shadow Creek Boulevard in San Carlos Park.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Places the water and sewer systems into operation and complies with the Lee County Utilities Operations Manual.  (#20031454-Utilities)

 

 

(c)

ACTION REQUESTED:

Approve construction of a water main extension serving American Hotel, Restaurant and Convenience Store. This is a Developer contributed asset and the project is located on the south side of Daniels Parkway approximately 1/2 mile east of I-75.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20031455-Utilities)

 

 

(d)

ACTION REQUESTED:

Approve final acceptance by Resolution as a donation of water distribution and gravity collection systems, two lift stations and a force main serving Miromar Lakes, Mediterranean Village, Phases 1 & 2.  This is a developer contributed asset project located on the east side of Ben Hill Griffin Parkway approximately 1- 1/4 miles south of Alico 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.  (#20031456-Utilities)

 

 

(e)

ACTION REQUESTED:

Approve for acceptance and filing with the Clerks Office, Minutes Department, an after-the-fact emergency under E-03-08, GES Resolution No. 03-07-08 for the purchase of a used 0.5 MGD Davco Wastewater Treatment Package Plant and related components from Bonita Springs Utilities, Inc. in the amount of $62,500.00.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Provides after-the-fact approval under the emergency GES Resolution for Purchase Order Number 53295 for the purchase of a used Davco Wastewater Treatment Package Plant located in Bonita Springs which will be used to help increase capacity in LCU’s newly acquired former GES service area.  (#20031457-Utilities)

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Direct consideration of a Resolution supporting the establishment of the Arborwood Community Development District by the Florida Land and Water Adjudicatory Commission to public hearing on January 27, 2004 at 9:30 am or as soon thereafter as it may be heard.

WHY ACTION IS NECESSARY:

A Resolution adopted by the BOCC is the only means of expressing support or objection to the granting of a petition to establish a UCDD of greater than 1,000 acres.

WHAT ACTION ACCOMPLISHES:

Supports the creation of an independent special district that will provide an alternative method to manage and finance basic services within the community development district.  (#20031486-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).  (#20031493-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.  (#20031494-Clerk of Courts)

 

 

(c)

ACTION REQUESTED:

Authorize Chairman to apply for second year funding from the Florida Department of Law Enforcement: Residential Substance Abuse Treatment for State Prisoners grant 03-CJ-2J-09-46-01-004/CPU Substance Abuse Tx Program.  The total grant application is for $185,000 with $138,750 funded through FDLE and $46,250 as a cash match from general revenue funds.  The Lee County Sheriff's Office requests the signature of the Chairman to apply for this grant.

WHY ACTION IS NECESSARY:

The application requires the signature of the government executive.

WHAT ACTION ACCOMPLISHES:

Signature of the application will afford the Lee County Sheriff's Office the opportunity to apply for second year funding for the program.  (#20031492-Sheriff)

 

ADMINISTRATIVE AGENDA

January 6, 2004

 

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

 

 

(a)

ACTION REQUESTED:

Confirm the cost sharing proposal with East Lee County Water Control District for the reconstruction of Abrams and Centennial Boulevards as discussed at the January 5, 2004 M&P Meeting.

WHY ACTION IS NECESSARY:

The Board of County Commissioners must approve expenditures in excess of $50,000.00.

WHAT ACTION ACCOMPLISHES:

Provides direction to staff and the East Lee County Water Control District on what the County will require to accept jurisdiction and maintenance responsibilities for Abrams and Centennial Boulevards.  (#20031504-Transportation)

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Approve Proposed Settlement of Cook v. Lee County, Case No. 03-4167 CA-I.  Approve settlement that requires Lee County to refund $6,000.00 of eschedated replevin bond in the amount of $7,973.44.

WHY ACTION IS NECESSARY:

To resolve pending litigation.

WHAT ACTION ACCOMPLISHES:

Ends litigation, saves further litigation expenses, Lee County retains $1,973.44 in escheated funds.  FUNDS ARE AVAILABLE.  (#20031451-County Attorney)

 

 

(b)

ACTION REQUESTED:

Approve amendment to the Interlocal Agreement between Lee County and the City of Fort Myers for the granting of funds for Edison Home Renovations.  Authorize Commissioner’s signature on the amended Interlocal Agreement.

WHY ACTION IS NECESSARY:

Board of County Commissioners’ approval is required to amend the agreement with the City of Fort Myers for the granting of funds for the Edison Home Renovations.

WHAT ACTION ACCOMPLISHES:

Finalizes the Amended Interlocal Agreement with the City of Fort Myers.  (#20031468-County Attorney)

 

 

(c)

ACTION REQUESTED:

Approve an exchange of the County’s real property interest in a 6-foot wide public walkway easement from Estero Boulevard to the beach (Gulf of Mexico) on property known as the Pink Shell in Fort Myers Beach, Florida, to allow a replacement easement to be located just south of the current walkway; and authorize the Chairman to sign the necessary documents to complete the exchange.

WHY ACTION IS NECESSARY:

An exchange of County-owned property under §125.37, F.S., requires approval by the Board of County Commissioners.

WHAT ACTION ACCOMPLISHES:

The exchange will allow the relocation and improvement of a pedestrian walkway for beach access.  (#20031482-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS