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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 30, 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: |
Reverend
Dennis Gingerich |
Cape
Christian Fellowship |
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Pledge
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Presentations: |
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(Human
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(Library-#20040342) |
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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 30, 2004
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1. |
COUNTY
ADMINISTRATION |
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2. |
CONSTRUCTION
AND DESIGN |
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ACTION
REQUESTED: Award B-04-11, Charleston Park Neighborhood
Recreation Facility Improvement, for the Department of Construction &
Design, to the low bidder meeting all bidding requirements, Bradanna, Inc.,
for a total base bid lump sum contract amount of $141,365.00. Also award, subject to receipt of
Department of Housing and Urban Development funds, Alternate No. 1, Metal
Building Canopy without siding and framing for siding for a total lump sum
contract amount of $171,902.00 and Alternate No. 2, Metal Building Canopy,
Add for Siding and Framing for a total lump sum contract amount of
$16,572.00, with a contract completion time of 210 calendar days. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: This contract will be performed for the Department
of Human Services for the site work, landscaping and multipurpose canopy for
the Charleston Park Neighborhood Recreation Facility improvement. (#20040290-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 portion of Platted
Waterway/Canal and Public Utility Easement located at 1386 Sunrise Dr., North
Fort Myers, Florida 33917, and adopt a resolution, setting a Public Hearing
for 5:00 PM on the 27th day of April 2004 (Case No.
VAC2003-00075), and to authorize the
Chairman to accept the donation of a replacement Perpetual Stormwater
Drainage Easement Grant. WHY ACTION
IS NECESSARY: To construct a concrete patio, retaining wall and
pool as additions to an existing single-family dwelling unit, and also to
restore the original developer’s intent for this lot to abut the
waterway. The vacation of the canal and utility easement will not alter
existing waterway/canal and utility conditions and the easement is not
necessary to accommodate any future waterway/canal and utility requirements. WHAT ACTION
ACCOMPLISHES: Sets the time and date of the Public Hearing, and provides a necessary drainage easement to facilitate
the requested vacation.
(#20040247-Development Services) |
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ACTION
REQUESTED: Accept a Petition to Vacate a 12-foot wide Public
Utility Easement located at 3713 35th
St. W., Lehigh Acres, Florida 33971, and adopt a resolution, setting a Public
Hearing for 5:00 PM on the 27th day of April 2004. (Case No. VAC2004-00015) 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. (#20040282-Development Services) |
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ACTION REQUESTED: Accept a Petition to Vacate a 12-foot wide
Drainage and Public Utility Easement located at 6360 Maytree Circle, Lehigh
Acres, Florida 33905, and adopt a resolution, setting a Public Hearing for
5:00 PM on the 27th day of April 2004. (Case No. VAC2004-00013) 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 drainage and/or
utility conditions and the easement is not necessary to accommodate any
future drainage and/or utility requirements. WHAT ACTION
ACCOMPLISHES: Sets the time and date of the Public Hearing. (#20040284-Development Services) |
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5. |
HUMAN
SERVICES |
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ACTION
REQUESTED: Allow Chairman to execute grant agreement. Approve and execute contract with the
Department of Community Affairs and the Budget Resolution for the 2nd
Weatherization Grant, (WAP) for
fiscal year 2004. WHY ACTION
IS NECESSARY: DCA
requires agreements to provide funding. WHAT ACTION
ACCOMPLISHES: Allows the
Department of Human Services to accept an additional $22,406 for the
weatherization of homes in Lee County.
(#20040320-Human Services) |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Approve an Interlocal Agreement with Lee County
Mosquito Control District (LCMCD) for the Division of County Lands to handle
LCMCD’S real estate acquisition activities for an initial period of one year. WHY ACTION
IS NECESSARY: Board approval is required for these types of
agreements. WHAT ACTION
ACCOMPLISHES: Allows the LCMCD to utilize the expertise and
services of a well-established real estate office, which specializes in
governmental land acquisitions.
(#20040230-County Lands) |
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ACTION
REQUESTED: Approve and execute a utility easement to Lee
County Electric Cooperative, Inc., a Florida non-profit corporation. Authorize Division of County Lands to
handle all documentation necessary to complete transaction. WHY ACTION
IS NECESSARY: The Board must approve conveying an easement
across County-owned property. WHAT ACTION
ACCOMPLISHES: This will provide an easement for electric service
to the adjacent property owned by Southwest Florida GWI Housing VIII, Inc., a
Florida non-profit corporation.
(#20040295-County Lands) |
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ACTION
REQUESTED: Approve Budget Amendment
Resolution in the amount of $ 140,200.00 for Charlee Road MSBU; amend Section
4 of Resolution 02-03-04 to change the final maturity date for the loan. WHY ACTION
IS NECESSARY: BOCC must approve Budget Amendments. WHAT THE
ACTION ACCOMPLISHES: Allows staff to Budget for construction of Charlee
Road and changes maturity date of loan under authorizing resolution. (#20040327-MSTBU Services) |
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7. |
PUBLIC
SAFETY |
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ACTION
REQUESTED: Approve the acceptance letter as an amendment to
the contract Emergency Management Preparedness and Assistance (EMPA) Base
Grant Agreement #04BG-04-09-46-01-036 with the Florida Department of
Community Affairs to increase contract by $55,338. Approve Budget Resolution to increase contract amount by
$55,338, which brings total contract amount to $158,297.00. WHY ACTION
IS NECESSARY: Contract amendments must be Board approved. WHAT ACTION
ACCOMPLISHES: Provides additional funding to offset performing
work items required by or to be consistent with federal and state goals and
objectives. (#20040300-Emergency
Management) |
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8. |
SOLID
WASTE-NATURAL RESOURCES |
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ACTION
REQUESTED: Approve the following: Project # EX040312, the
purchase of 1 workboat from the William E. Munson Company at the GSA contract
price of $51,318.45. Project # IX040313,
the purchase of 2 Mercury outboard motors from Mercury Marine at the Florida
State Contract price of $14,855. Open
market purchases in the amount of $6,518.20 (motor installation) from
Scotties Canvas & Marine and $5,942.50 (boat trailer) from J.D.C.I.
Enterprises. Grand total for boat,
motors/installation, and trailer:
$78,634.15. All purchases are
for the Natural Resources Division.
Also approve the expenditure of a not-to-exceed amount of $5,000 for
such incidentals as electronics, batteries, safety equipment, etc. WHY ACTION
IS NECESSARY: Expenditures exceeding $50,000 require Board
approval. WHAT ACTION
ACCOMPLISHES: Provides Natural Resources with a multi-purpose
vessel for such tasks as buoy and artificial reef maintenance, derelict vessel
removal, etc. (#20040294-Natural
Resources) |
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ACTION
REQUESTED: Concur with the ranking of Consultants by the
Competitive Negotiations Committee for CN-04-02, Design and Engineering Services for the Waste to Energy Project,
and authorize contract negotiations with the number one ranked firm: (1)
Burns & Roe Enterprises, Inc.; (2) Washington Group International, Inc.;
and (3) Black & Veatch Corporation. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: The Engineer will be responsible for the complete
design of the Expansion project to be constructed on the existing Lee County
Waste to Energy Facility site, including the design of all equipment
required, and, to integrate the Expansion Project into the existing Lee
County Waste to Energy Facility.
(#20040319-Solid Waste) |
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ACTION REQUESTED: Approve Project # PB040335, for the Lee County
Solid Waste Division, for the utilization (piggyback) of the Palm Beach
County Solid Waste Authority’s Bid # 03-25/SB, which has gone through their
competitive bidding process, for the annual purchase of 18 gallon recycling
bins through Rehrig Pacific Company, for the unit price of $4.82 per
bin. The original quote term was for
one year from 7/23/03 to 7/22/04, and was recently renewed until
7/22/05. Also request permission to
continue to utilize this piggyback for the continuation of the contract
between Palm Beach County and the awarded vendor. Also request approval of a transfer of funds from Reserves for
$6,000.00 for FY 03/04. For general
information, the Solid Waste Division estimates spending approximately
$125,000.00 on an annual basis. WHY ACTION IS NECESSARY: In accordance with the Lee County Purchasing and
Payment Procedures Manual as approved by the Board on 7/9/02, when a project
exceeds $50,000.00, Board approval is needed. WHAT ACTION ACCOMPLISHES: Allows the Lee County Solid Waste Division to
purchase 18 gallon recycling bins in a cost effective, efficient, and timely
manner. (#20040330-Solid Waste) |
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ACTION
REQUESTED: Adopt by Resolution, the creation of a Solid Waste
Collection Advisory Committee. WHY ACTION
IS NECESSARY: To review the existing solid waste collection
program. WHAT ACTION
ACCOMPLISHES: Provides recommendations concerning the type and
number of solid waste collections to be incorporated in the new franchise
collection contracts.
(#20040239-Solid Waste) |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: Approve and execute Treeline Avenue Extension
Agreement between Worthington Southwest Holdings and Lee County; authorize
staff to process all documents necessary to fulfill the Agreement provisions. WHY ACTION
IS NECESSARY: Board approval is necessary to create a binding
agreement. WHAT ACTION
ACCOMPLISHES: Establishes an alternative alignment for Treeline
Avenue from the north section line of Section 11, Township 45 South, Range 25
East south to Daniels Parkway; provides for design, permitting and
construction by Worthington under direction/supervision of Lee County;
provides for the necessary drainage easements for the right-of-way. (#20040325-Transportation) |
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10. |
UTILITIES |
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ACTION REQUESTED: Approve construction of a water distribution and
gravity collection system; lift station and force main serving D-75 Commerce Center. This is
a Developer contributed asset and the project is located on southeast corner
of I-75 and Daniels Parkway. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to the proposed commercial subdivision. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual.
(#20040112-Utilities) |
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ACTION REQUESTED: Approve construction of a water and force main
extension, serving Three Oaks Village. This is a
Developer contributed asset and the project is located on the east side of
Three Oak Parkway approximately 1-1/2 miles north of Corkscrew Road. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this proposed Student Housing development. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual.
(#20040226-Utilities) |
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ACTION REQUESTED: Approve for acceptance, and filing with the
Clerk’s Office, Minutes Department, an after-the-fact Emergency under
Resolution 03-07-08 for the purchase of five new Diesel Generators and
transfer switches from the lowest bidder, Cummins Southeastern Power, Inc.,
in the amount of $103,400. WHY ACTION IS NECESSARY: Board approval is required for purchases over
$50,000.00. WHAT ACTION ACCOMPLISHES: Provides after-the-fact approval under the
emergency GES resolution for Purchase Order #54941 for the purchase of five
new Diesel Generators and transfer switches from Cummins Southeastern Power,
Inc., which will be permanently installed at designated lift stations to
provide power in cases of emergencies or routine power outages. (#20040229-Utilities) |
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ACTION
REQUESTED: Approve award of Formal Quotation No.: Q-040024 ANNUAL PURCHASE OF CHEMICALS FOR
UTILITIES to the vendors as listed on the attached Lee County tabulation
sheet. In the event that the low
quoters are unable to establish the effectiveness of their products, request
the Purchasing Director be given authority to act on behalf of the Board in
the event of vendor non-compliance so that the Purchasing Director can
proceed to the next low quoter(s). Also, request Sections 9, 14 and 14A to
begin on June 27, 2004. This
quotation shall be in effect for one (1) year, or until new quotes are taken
and awarded. Also, request authority
to renew this quote for four (4) additional one-year periods at the same
terms and conditions if in the best interest of Lee County. WHY ACTION
IS NECESSARY: As this expenditure will exceed $50,000.00, Board
approval is required. WHAT ACTION
ACCOMPLISHES: Provides the purchase of chemicals on an as needed
basis for various Lee County Water and Wastewater facilities within the Lee
County Utilities Department. Annual
estimated savings to taxpayers:
$76,000.00.
(#20040243-Utilities) |
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ACTION REQUESTED: Approve construction of water main extension
system serving Canoe Park @ Shadow Wood
Preserve. This is a Developer
contributed asset project located end of Parkside Greens Drive in Shadow Wood
Preserve. WHY ACTION IS NECESSARY: To provide potable water service and fire
protection to this proposed Recreational Park and Pavilion. WHAT ACTION ACCOMPLISHES: Complies with the Lee County Utilities line
extension policy and provides adequate utility infrastructure to support
development of the subject parcel. (#20040255-Utilities) |
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ACTION REQUESTED: Approve construction of a water distribution
system, serving Herons Glen – Unit 11
& 12. This is a Developer
contributed asset and the project is located on the west side of U.S. 41 and
approximately ¼ mile south of the Lee/Charlotte county line. WHY ACTION IS NECESSARY: To provide potable water service and fire
protection to these phases of the proposed single-family subdivision. WHAT ACTION ACCOMPLISHES: Complies with the Lee County Utilities Line
Extension Policy and provides adequate water infrastructure to support
development of the subject property.
(#20040256-Utilities) |
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ACTION REQUESTED: Approve final acceptance, by Resolution, as a
donation for a hydrant branch line and one fire hydrant serving the Page
Field Terminal Build-Out (FDLE).
This is a Lee County Port Authority contributed asset project located
on the south side of North Airport Road along Terminal Drive within the Port
Authority property boundaries. WHY ACTION IS NECESSARY: To provide fire protection to this portion of the
terminal as well as to a recently constructed warehouse building. WHAT ACTION ACCOMPLISHES: Places the fire hydrant into operation and
complies with the Lee County Utilities Operations Manual. (#20040301-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
system, thirteen (13) 4” diameter fire lines and a gravity collection system
serving Laguna Lakes, Phase IV (Pod A). 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 recently constructed
residential development. WHAT ACTION ACCOMPLISHES: Places the water and sewer systems into operation
and complies with the Lee County Utilities Operations Manual. (#20040302-Utilities) |
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ACTION
REQUESTED: Approval to continue with previously awarded Formal
Quotation No.: Q-020374, Annual
Purchase of Methanol for the Lee County Utilities Department to ASHLAND
CHEMICAL per the prices on the attached Lee County Tabulation Sheet. Annual expenditures will exceed County
Manager authorization level of $50,000.
Original term of this contract is for one year, with an option to
renew for four (4) additional one-year periods if in the best interest of Lee
County at the expiration of the original term. Anticipated expenditures are estimated at $75,000 and funding
will come from the Utilities department’s budget that will be responsible for
monitoring their individual expenditures. WHY ACTION
IS NECESSARY: As this expenditure will exceed $50,000, Board
approval is required. WHAT ACTION
ACCOMPLISHES: Allows Lee County Utilities to continue utilizing
competitive prices received on an annual quote for the purchase of
methanol. (#20040321-Utilities) |
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ACTION
REQUESTED: Approve
a Joint Project Agreement between Lee County and the City of Fort Myers, and
authorize the expenditure of $72,755.55 for the cost of design and relocation
of Lee County utilities located within both the City and County right-of-way
along Veronica S. Shoemaker Boulevard. WHY
ACTION IS NECESSARY: Board
approval is required to enter into a Joint Project Agreement, and Board
authorization is required for expenditures exceeding $50,000. WHAT
ACTION ACCOMPLISHES: Allows
Lee County to work cooperatively with the City of Fort Myers during the
design and construction on Veronica S. Shoemaker Boulevard. (20040333-Utiltities) |
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11. |
PARKS AND
RECREATION |
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ACTION
REQUESTED: Board approve and execute agreement with the
American Red Cross for usage and certain public health oriented programming
of County run Community Centers, Pools and Parks. WHY ACTION
IS NECESSARY: The Community Centers, Pools and Parks are
property of Lee County in which Board approval is required for such usage. WHAT ACTION
ACCOMPLISHES: Allows non-profit corporation usage of the park
facilities for programs and classes to benefit the citizens of Lee
County. (#20040264-Parks and
Recreation) |
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12. |
COUNTY
ATTORNEY |
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ACTION REQUESTED: Direct amendment of Lee County Land Development
Code regarding impound yards to Public Hearings. Recommended hearing dates are as follows: Local Planning Agency: March 22, 2004;
BOCC First Public Hearing: April 13, 2004; BOCC Second Public Hearing: April
27, 2004. WHY ACTION IS NECESSARY: Public Hearings are necessary to adopt amendments
to the LDC. WHAT ACTION ACCOMPLISHES: Set hearing dates before the LPA and Board of
County Commissioners for advertising purposes. (#20040314-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).
(#20040271-Clerk of Courts) |
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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. Additionally, in pursuant to Lee County Ordinance 02-28 activity for the Driver’s Education Safety Trust Funds. 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.
(#20040272-Clerk of Courts) |
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ACTION
REQUESTED: Approve and
execute the annual financial report to the Florida Department of Banking and
Finance (Department). WHY ACTION
IS NECESSARY: To comply with
Section 218.32(b), Florida Statutes, requiring that on or before March 31 of
each year, each unit of local government shall submit a copy of a financial
report covering its operations during the preceding year to the Department. WHAT ACTION
ACCOMPLISHES: Noncompliance
with Section 218, Florida Statutes, could cause the Legislative Auditing
Committee to require the withholding of funds payable to the County by the
Department of Revenue and the Department of Banking and Finance. (#20040299-Clerk of Court) |
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ACTION REQUESTED: Presentation to the Board of County Commissioners the Lee County’s Comprehensive Annual Financial Report (CAFR) for fiscal year 2003. WHY ACTION IS NECESSARY: To comply with Chapter 10.550, “Rules of the Auditor General-Local Governmental Entity Audits”, and various bond covenants. WHAT ACTION ACCOMPLISHES: Provides public notice of the availability of the audited financial statements to the citizens of Lee County. (#20040317-Clerk of Courts) |
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ACTION REQUESTED: Presentation to the Board of County Commissioners
the Lee County’s Port Authority’s financial statements for fiscal year 2003. WHY ACTION IS NECESSARY: To provide information to the Board of County Commissioners. WHAT ACTION ACCOMPLISHES: Provides public notice of the availability of the audited financial statements to the citizens of Lee County. (#20040318-Clerk of Courts) |
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March
30, 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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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: Approve
and authorize Chairman’s signature on a License Agreement with Mr. and Mrs.
Don Gulnac, as Trustees, for use of a portion of the Gulnacs’ property as
part of the County’s solid waste management operations at the Lee County
Fisherman’s Cooperative site. WHY
ACTION IS NECESSARY: Agreements
involving the use and/or conveyance of interests in real property must be
approved and executed by the Board of County Commissioners. WHAT
ACTION ACCOMPLISHES: Provides
five (5) years of use of a portion of the Gulnac property by the County for
its solid waste operations at the Fisherman’s Cooperative Site.
(#20040328-County Attorney) |
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13. |
HEARING EXAMINER |
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14. |
PORT AUTHORITY |
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ACTION REQUESTED: Request Board accept a state grant by adopting a
Resolution authorizing the execution of a Master Joint Participation
Agreement between the Florida Department of Transportation and the Lee County
Port Authority, which includes $9,982,500 of additional funding for the RSW
Midfield Terminal Complex. (Port
Authority) |
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15. |
CONSTITUTIONAL OFFICERS |