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District #1 Bob
Janes |
District #2 Douglas St. Cerny Vice Chairman |
District #3 Ray
Judah
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District #4 Andrew W. Coy |
District #5 John E. Albion Chairman |
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Donald D. Stilwell, County Manager |
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James
G. Yaeger, County Attorney |
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March 16, 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
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9:30
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Invocation: |
Pastor
Gaspar Anastasi |
Word
of Life Church |
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Pledge
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Presentations: |
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(#20040265) |
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(Human
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Recap |
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Public
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Consent
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Items
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Motion
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Consideration
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Administrative
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Walk-ons
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Commissioners'
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County
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County
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Adjourn |
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March
16, 2004
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1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Adopt a resolution to amend Lee County
Administrative Code AC-3-20 Change Funds/Petty Cash/Imprest Accounts. WHY ACTION
IS NECESSARY: Board of County Commissioners must approve
amendments to the Lee County Administrative Code. WHAT ACTION
ACCOMPLISHES: Amends Administrative Code AC03029 Petty Cash to
change dollar limits on Fuel & Lube purchases from $25 to $40 (to assist
employee when no County source is available). (#20040260-Budget Services) |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION
REQUESTED: Approve Addendum to the Construction Manager
Agreement for RFQ-03-01 Remodeling of Lee County Human Services Building,
(Contract #2402) with Brooks & Freund to include the Guaranteed Maximum
Price (GMP) in the amount of $1,666,362.00 (includes $109,014.00 CM Fee).
Also approve budget transfer from Capital Improvement Fund reserves in the
amount of $1,011,826 and amend FY 03/04-07/08 CIP for the Relocation of Human
Services. Additionally request the
Board approve waiving of any formal process (if needed) and authorize the use
of Direct Material Purchases 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 Manager services for the
remodeling of
an existing 18, 000+/- square foot building, located at the corner of Dr.
Martin Luther King Boulevard and Thompson Street, which will be the future
home of the Lee County Department of Human Services. The scope of work shall include plumbing,
electrical, security and sprinkler systems in addition to replacing the roof
and HVAC system. (#20040241-Construction
and Design) |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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ACTION
REQUESTED: Accept a Petition to Vacate a 12-foot wide Public
Utility Easement located at 823 Cleveland Ave, Lehigh Acres, Florida 33972,
and adopt a resolution, setting a Public Hearing for 5:00 PM on the 13th
day of April 2004. (Case No.
VAC2003-00069) WHY ACTION
IS NECESSARY: To build a single-family residence on the combined
three (3) 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. (#20040224-Development Services) |
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ACTION
REQUESTED: Accept a Petition to Vacate a 12-foot wide Public
Utility Easement located at 627 Parker Ave S., Lehigh Acres, Florida 33936,
and adopt a resolution, setting a Public Hearing for 5:00 PM on the 13th
day of April 2004. (Case No.
VAC2004-00005) WHY ACTION
IS NECESSARY: To build a single-family residence on the combined
two (2) 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. (#20040225-Development Services) |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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ACTION REQUESTED: Approve inter-local agreements between Lee County
and the Lee County Tax Collector, and Lee County and Property Appraiser for
the preparation and submission of the Lee County NE Hurricane Bay Dredging
MSBU, University Overlay Landscape Capital MSBU, Cottage Point Waterline
MSBU, Country/Triple Crown Waterline MSBU, Bal Isle Sewer MSBU, Charlee Road
MSBU, NE Hurricane Bay O&M MSBU and Palm Frond Sewer MSBU Non-Ad Valorem
Assessment Rolls and their related Uniform Collection and Enforcement
pursuant to §197.3632. WHY ACTION
IS NECESSARY: Provides for the inclusion of certain Non-Ad
Valorem Municipal Service Taxing and Benefit Units on the tax roll for 2004
and subsequent years. WHAT ACTION ACCOMPLISHES: This establishes separate agreements between Lee
County and the Lee County Tax Collector, and Lee County and Property
Appraiser for the preparation and submission of certain Lee County Municipal
Services Taxing and Benefit Units Non-Ad Valorem assessment rolls and their
related uniform collection and enforcement pursuant to §197.3632, Florida
Statures. (#20040205-MSTBU Services) |
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ACTION REQUESTED: Reaffirm acceptance of Warranty Deed, recorded in
Official Records Book 2232, Pages 3955 – 3957, for a 50' wide parcel along
Corkscrew Road; authorize the Division of County Lands to handle all
documentation necessary to complete the transaction. WHY ACTION IS NECESSARY: To reaffirm Board’s acceptance of the subject
property. WHAT ACTION ACCOMPLISHES: The formal acceptance of property along Corkscrew
Road. (#20040223-County Lands) |
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7. |
PUBLIC SAFETY |
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ACTION
REQUESTED: Approve and authorize Chairman to execute
comprehensive three-year agreement with Joseph Lemmons, D.O., FACEOP, for EMS
Medical Director at the Division of Public Safety in the amount of $55,000.00
annually. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: It allows Lee County Emergency Medical Services
(LCEMS) to have services of a medical director as required by Chapter 401,
Florida statutes. (#20040215-EMS) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION
REQUESTED: Request Board reject sole bidder, Modern Recycling
of Florida, Inc. for non-responsiveness, for B-04-13, Waste Tire Processing
Services for the Solid Waste Division; authorize staff to enter into contract
negotiations with the sole bidder, Modern Recycling of Florida, Inc. and;
authorize Chairman to execute the Agreement upon successful negotiation. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Rejects sole bid from Modern Recycling of Florida,
Inc. and authorizes Solid Waste staff to begin negotiations to obtain
acceptable agreement for waste tire processing and services. (#20040242-Solid Waste) |
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ACTION
REQUESTED: Award and authorize staff to enter into a
Construction Manager Agreement for RFQ-04-05 Lee/Hendry Landfill Leachate
Treatment (UF/RO Facilities) System, for the Division of Solid Waste, to
Wright Construction Corporation for the sum of six percent (6%) of the total
construction cost of the project and a sum of $31,000 for preconstruction
services. 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 for the
construction of a Leachate Treatment System that includes: Leachate
Clarifier, Ultrafiltration (UF) and Reverse Osmosis (RO) Leachate Treatment
System. The project includes the
installation of a Leachate Clarifier, UF system, RO System, chemical feed
treatment systems, sand filter effluent tank, UF Permeate tank, cartridge
filters, membrane feed pumps, membrane cleaning system, process piping,
valves, electrical, instrumentation, structural walkway, and miscellaneous
other work. Many of the treatment
components will be installed in an existing building. (#20040263-Solid Waste) |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: Approve Change Order No. 7 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 $736,882.07. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Includes Construction Engineering and Inspection
Services for Summerlin Road Six Laning between San Carlos and Gladiolus. Inspection staff to include a Bridge
Project Engineer and Bridge Senior Inspector. These individuals are qualified to inspect all aspects of the
proposed construction to include earthwork, asphalt, roadway items,
maintenance of traffic and bridge construction. (#20040199-Transportation) |
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ACTION
REQUESTED: Award B-04-05, Bonita Beach Road Widening and
Resurfacing, Mango Street to I-75, for the Department of Transportation, to
the lowest responsive/responsible bidder meeting all bidding requirements,
APAC-Southeast, Inc., for the not-to exceed amount of $6,842,307.44, plus
Alternate Bid B in the not-to-exceed amount of $6,300.00, for a total
not-to-exceed contract amount of $6,848,607.44, with a final project
completion time of 450 calendar days. Also, approve budget amendment
resolution in the amount of $532,973.00 in the Transportation Capital
Improvement Fund and approve various transfer of funds in the amount of $1.7
million and amend FY 04-08 Capital Improvement Program. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Provides a Contractor to widen and resurface
Bonita Beach Rd and Mango Street to I-75 including additional turn lane improvements
throughout the project, drainage improvements, signal upgrades and decorative
lighting. Also, maintenance of traffic along with extensive coordination with
utility companies.
(#20040249-Transportation) |
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10. |
UTILITIES |
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ACTION REQUESTED: Approve final acceptance, by Resolution and
recording of one (1) utility easement, as a donation of a water and gravity
main extensions, three (3) 4”-diameter fire lines, and upgrades to Lift
Station #306 to serve Legends, Tract “O”, (Cromwell Court). This is a developer contributed asset
project located on the west side of Fiddlesticks Boulevard across from The
Olde Hickory Club and just north of Fiddlesticks Country Club. 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. (#20040109-Utilities) |
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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 Change Order Number Two (2), Contract Number
2564, FGCU Student Support Center /Student Housing Phase VI to Strickler
Brothers in the amount of $137,062.00. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Provides after-the-fact approval under the
emergency GES Resolution for Change Order Number Two for the project known as
FGCU Student Support Center/Student Housing Phase VI for waterline and sewer
line extension to serve the additional facilities for the FGCU Student
Housing. (#20040119-Utilities) |
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ACTION REQUESTED: Approve final acceptance by Resolution as a
donation of water and gravity main extensions serving Miromar Lakes, Mediterranean Village, Phase 3 - Caprini Greens. 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. (#20040163-Utilities) |
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ACTION
REQUESTED: Approve final acceptance by Resolution, as a
donation of water distribution and gravity collection systems serving Laguna
Lakes, Phase II. 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. (#20040168-Utilities) |
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ACTION REQUESTED: Approve construction of a water and force main
extension serving Oak Hammock Office
Park. This is a Developer
contributed asset and the project is located on the east side of Whiskey
Creek Drive approximately ¼ mile north of College Parkway. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service this 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.
(#20040169-Utilities) |
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ACTION REQUESTED: Approve construction of a water and gravity main
extensions serving Heritage Pointe, Phases 4A, 4B, 5 & 6. 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.
(#20040170-Utilities) |
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ACTION REQUESTED: Approve construction of water main extension
serving T.I.B Bank of the Keys Plaza.
This is a Developer contributed asset project located on the northeast corner
of Metro Parkway and Crystal Drive. WHY ACTION IS NECESSARY: To provide potable water service and fire
protection to the proposed Commercial Building and Bank. WHAT ACTION ACCOMPLISHES: Complies with the Lee County Utilities line
extension policy and provides adequate utility infrastructure to support
development of the subject parcel.
(#20040171-Utilities) |
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ACTION REQUESTED: Authorize the chairman, on behalf of the BOCC, to
approve construction of one 6” diameter effluent reuse meter station by
executing Exhibit A of the “Agreement for the Delivery and Use of Reclaimed
Effluent Water” between Lee County and Transeastern Laguna Lakes, LLC, for a
project known as Laguna Lakes. Also, approve recording of Agreement. This is a Developer Contributed Asset and
the project is located at the southeast corner of Gladiolus and Bass Roads. WHY ACTION IS NECESSARY: Provides effluent reuse service for the irrigation
of open green space for the existing residential development. WHAT ACTION ACCOMPLISHES: Complies with the Lee County Utilities Operations
Manual and provides adequate irrigation infrastructure. (#20040221-Utilities) |
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ACTION
REQUESTED: Approve final acceptance by Resolution and
recording of one (1) Utility Easement, as a donation of water distribution
and a gravity collection systems, lift station and force main serving Corkscrew Palms Commerce Center, Phase 1.
This is a developer
contributed asset project located on the south side of Corkscrew Road
approximately 3/4 mile east of South Tamiami Trail. WHY ACTION
IS NECESSARY: To provide potable water service, fire protection and sanitary sewer service to this phase of the commercial development. WHAT ACTION
ACCOMPLISHES: Places the water and sewer systems into operation
and complies with the Lee County Utilities Operations Manual. (#20040227-Utilities) |
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ACTION REQUESTED: Approve final acceptance, by Resolution, and
recording of two (2) Utility Easements as a donation of a water distribution
system, gravity collection system, two (2) lift stations and a force main
serving Verandah –Phases 1A-3 & 1A-4.
This is a Developer Contributed asset project located on
the south side of State Road 80, approximately ½ mile east of State Road 31. 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. (#20040228-Utilities) |
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ACTION REQUESTED: Approve Change Order No. 2 to the Construction
Manager Agreement, for RFQ-02-07 Corkscrew Water Treatment Plant Expansion,
Project No. 20-7114, GMP #1, with Earth Tech Consulting, Inc. to increase the
Contract Price in the amount of $56,729.92, making the total Contract Price
with all approved Change Orders $1,596,370.90. WHY ACTION IS NECESSARY: Board approval is required. WHAT ACTION ACCOMPLISHES: The Purpose of this Change Order is to perform
minor plant improvements in conjunction with major plant construction. (#20040236-Utilities) |
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ACTION
REQUESTED: Approve Supplemental Task Authorization (STA) No.
1 to Johnson Engineering, Inc. for CN-03-02 DESIGN OF CORKSCREW 5 MGD
WELLFIELD EXPANSION (Contract No. 2660) to replace four (4) poorly to
non-producing Sandstone Aquifer wells. It is proposed to replace wells 2, 3,
4, and 5 as part of this project. The Lump Sum amount for the replacement
wells is $176,000.00. WHY ACTION
IS NECESSARY: Board approval is required. WHAT ACTION
ACCOMPLISHES: To increase raw water production at the Corkscrew
Wellfield through additional production from the Sandstone Aquifer. (#20040248-Utilities) |
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11. |
PARKS AND RECREATION |
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12. |
COUNTY ATTORNEY |
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ACTION REQUESTED: Review and approve the Lee County School District
Capital Improvements Plan for educational facilities for Fiscal Year
2003-2004. WHY ACTION IS NECESSARY: Lee County Land Development Code (LDC) requires
that the Lee County School Board present the Capital Improvements Program for
educational facilities to the Board of County Commissioners for approval. WHAT ACTION ACCOMPLISHES: Compliance with LDC provisions governing the use
of School Impact Fee revenues.
(#20040258-County Attorney) |
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13. |
HEARING EXAMINER |
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14. |
PORT AUTHORITY |
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15. |
CONSTITUTIONAL OFFICERS |
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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).
(#20040246-Clerk of Courts) |
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ACTION
REQUESTED: Approve re-negotiated lease with Kiki L. Courtelis
as Trustee under the Investment Trust created under the Alec P. Courtelis
Declaration of Trust dated April 8, 1994 for 2,280 s.f. of space located in
the Northshore Plaza, 13860 No. Cleveland Avenue, Suites I & J, North Ft.
Myers, Florida. The lease is for five
years with the option to renew for an additional three years. Base rental cost is $10.40 or $23,712 per
year. In addition to the base rental
cost, Common Area Maintenance costs for the first year will be $1.30 per s.f.
and Insurance costs will be $.40 per s.f. for a total of $3,876.
Base rental cost will increase annually after the first year in the
amount of the CPI increase. Lease can
be terminated by giving 3 months advanced written notice. WHY ACTION
IS NECESSARY: Board must approve all lease agreements. WHAT ACTION
ACCOMPLISHES: Allows the current occupant, Lee County Tax
Collectors office, to remain in the same location that they have occupied for
the past 6 years. (#20040166-Tax
Collector) |
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ACTION REQUESTED: Approve the expenditure of $20,255 from the Law Enforcement Trust Fund #105000. WHY ACTION IS NECESSARY: Florida State Statute 932.7055 requires Board of County Commissioners approval of expenditures from the Law Enforcement Trust Fund, which is funded by revenues from confiscated property. WHAT ACTION ACCOMPLISHES: Funds will be used to provide drug abuse education and prevention by C.H.R.I.S. Rallies and Family FunFest Program in Lee County and accessories for investigations and investigative costs. (#20040240-Sheriff) |
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ACTION REQUESTED: Approve payment of delinquent tax overbid
claim-Cosby. WHY ACTION IS NECESSARY: Pursuant to Florida Statute 197. Lee County is holding overbid funds from delinquent tax sales. WHAT ACTION ACCOMPLISHES: The
Clerk has received a claim for these funds and requests that you release
them. (#20040261-Clerk of Courts) |
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ACTION REQUESTED: Approve payment of delinquent tax overbid
claim-Cosby. WHY ACTION IS NECESSARY: Pursuant to Florida Statute 197. Lee County is holding overbid funds from delinquent tax sales. WHAT ACTION ACCOMPLISHES: The
Clerk has received a claim for these funds and requests that you release
them. (#20040262-Clerk of Courts) |
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March
16, 2004
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1. |
COUNTY ADMINISTRATION |
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2. |
CONSTRUCTION AND DESIGN |
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3. |
COUNTY COMMISSIONERS |
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ACTION
REQUESTED: Adopt resolution supporting the Florida
Legislature’s efforts to ratify the Equal Rights Amendment to the United
States Constitution. WHY ACTION
IS NECESSARY: Resolutions require Board approval. WHAT ACTION
ACCOMPLISHES: Conveys BOCC’s support of the amendment. (#20040266-County Commission) |
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4. |
COMMUNITY DEVELOPMENT |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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9. |
TRANSPORTATION |
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10. |
UTILITIES |
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11. |
PARKS AND RECREATION |
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12. |
COUNTY ATTORNEY |
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ACTION REQUESTED: Pursuant to §125.37, F.S., to hear and act on a
request to authorize an exchange of the County’s real property interest in a
portion of the Luckett Road right-of-way in return for a portion of property
in the Billy Creek Commerce Center to supplement the current alignment of
Luckett Road; to authorize the execution of an Agreement for the Exchange of
Real Estate (Agreement) governing the terms of the exchange; and to authorize
the Chairman to sign the necessary documents to complete the exchange
according to the terms of the Agreement. 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: Authorizes an exchange of County-owned property
under §125.37, F.S. (#20040219-County
Attorney) |
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ACTION REQUESTED: Reject the attached settlement offer by East
County Water Control District (“District”) in the case of Lehigh Acres Lot
Owners Association, Inc. v. District, Case No. 00-10398CA-WCM. WHY ACTION IS NECESSARY: It is Board of County Commissioners’ prerogative
to act on offers of settlement in pending lawsuits. WHAT ACTION ACCOMPLISHES: Rejects offer to settle claim and continues the
litigation. (#20040245-County
Attorney) |
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13. |
HEARING EXAMINER |
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14. |
PORT AUTHORITY |
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15. |
CONSTITUTIONAL OFFICERS |
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