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 |
Donald D. Stilwell, County Manager |
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James
G. Yaeger, County Attorney |
April 20, 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
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Invocation: |
Pastor
Ronald Prueter |
North
Fort Myers First Baptist Church |
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Pledge
of Allegiance |
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Presentations: |
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(Commissioner
Albion-#20040414) |
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(Commissioner
Judah-#20040415) |
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(Commissioner
Janes-#20040416) |
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(Commissioner
Albion-#20040417) |
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Recap |
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Public
Comment on the Consent and Administrative Agenda |
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Items
to be pulled for discussion by the Board |
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Motion
to approve balance of items |
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Consideration
of items pulled for discussion |
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Walk-ons
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Commissioners'
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County
Manager Items |
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County
Attorney Items |
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Adjourn |
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April 20, 2004
1. |
COUNTY ADMINISTRATION |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION
REQUESTED: Approve Vending Facility License Agreement with
the Florida Department of Education, the Division of Blind Services, an
agency with the State of Florida to operate a cafeteria and vending area in
the Justice Center Complex, located at 1700 Monroe Street, Ft. Myers,
Florida, as well as a vending area in the Administration Building located at
2115 Second Street, Ft. Myers, Florida.
Division of Blind Services will reimburse Lee County 1 ½% of their
total monthly sales for the Justice Center Complex. WHY ACTION
IS NECESSARY: Board must approve all agreements. WHAT ACTION
ACCOMPLISHES: Allows the Division of Blind Services to continue
to operate the cafeteria and vending machines on the second floor of the
Justice Center and continue to provide vending services located on the first
floor of the Administration Building.
(#20040384-Facilities Management) |
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ACTION
REQUESTED: Approve the award of Project EX040368, the
purchase of modular furniture, accessories and related services at a Florida
State Contract price of $59,298.54, from Herman Miller Workplace for use on
the 3rd floor of the County/City Annex by Public Safety. Also approve the expenditure of a not-to-exceed
amount of $5,929. for such incidentals as, but not limited to, miscellaneous
furniture, accessories or overnight shipping etc. WHY ACTION
IS NECESSARY: Purchases over $50,000 must be approved by the
Board. WHAT ACTION
ACCOMPLISHES: Allows the Department of Public Works to obtain
the furnishings necessary to relocate Public Safety to the County/City Annex
Building on Hendry St. to allow for HVAC system replacement at the Six Mile
Cypress Building. (#20040405-Construction
and Design) |
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ACTION REQUESTED: Award the Addendum to the Construction Management
Agreement under RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION
MANAGEMENT, for the project known as Lynn Hall Memorial Park Lighting to
Compass Construction Inc., for the Guaranteed Maximum Price (GMP) of
$193,000.00 (includes $11,225.00 CM fee).
Also approve Budget Transfer of $15,000.00 from the Capitalized
Building Maintenance Project to the Capitalized Beach Front Park Maintenance
Project and amend FY 03/04 – 07/08 CIP.
Also request that the Board approve waiving of the formal process (if
needed) and authorize the use of the Director Material Purchase Order based
on CM’s competitive process, which allows the County to purchase directly
from suppliers of equipment and/or materials as a cost/time saving measure. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Provides the County with a Construction Manager
for the lighting at Lynn Hall Memorial Park.
(#20040428-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
Drainage and Public Utility Easement located at 2913 Lee Blvd., Lehigh Acres,
Florida 33971, and adopt a resolution, setting a Public Hearing for 5:00 PM on
the 11th day of May 2004.
(Case No. VAC2004-00002) WHY ACTION
IS NECESSARY: To build a commercial building on the combined
four (4) 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. (#20040350-Development Services) |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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ACTION REQUESTED: Approve Budget Amendment Resolution and Budget
Transfer. WHY ACTION IS NECESSARY: BOCC Approves all Budget Amendments and Transfers
involving Reserves. WHAT ACTION ACCOMPLISHES: Allows staff to close out funds for completed
projects and expend funds from appropriate accounts. (#20040406-MSTBU Services) |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION
REQUESTED: Execute Interlocal Agreement between the City of
Cape Coral and Lee County. WHY ACTION
IS NECESSARY: Formalizes funding agreement between the City and
County. WHAT ACTION
ACCOMPLISHES: Provides WCIND pass-through funding to the City as
needed for the long-term maintenance of the City’s channel marking systems.
Not to exceed $15,000 per annum.
(#20040372-Natural Resources) |
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9. |
TRANSPORTATION |
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ACTION REQUESTED: Approve budget transfer in the amount of $251,773
from District 7 Road Impact Fee Reserves to Master Drainage Study
Project-Boca Grande (CIP #206047), and amend FY03-07 Capital Improvement
Program. WHY ACTION IS NECESSARY: Requires BOCC approval for amendments to CIP. WHAT ACTION ACCOMPLISHES: Allows County to proceed with construction of the
first phase of planned drainage improvements in the central Boca Grande
area. (#20040383-Transportation) |
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ACTION
REQUESTED: Approve Change Order No. 2 to Contract No. 2516
BW-03-07 Electronic Toll Collection with Transcore in the amount of
$79,060.00. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Allow DOT to complete the computer software/hardware
modifications to be interoperable with SunPass. (#20040410-Transportation) |
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10. |
UTILITIES |
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ACTION REQUESTED: Approve construction of a water distribution, and
gravity collection system serving Daniels
Park. This is a Developer contributed
asset and the project is located on the south side of Daniels Parkway
approximately 3,000’ west of Fiddlesticks Blvd. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this proposed single-family residential
subdivision. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual.
(#20040142-Utilities) |
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ACTION REQUESTED: Approve construction of a water main extension,
serving Mellow Estates. This is a Developer contributed asset
and the project is located on the north side of Mellow Drive approximately
one half mile west of Slater Road. WHY ACTION IS NECESSARY: To provide potable water service and fire
protection to the proposed ten-lot single-family residential subdivision. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual.
(#20040390-Utilities) |
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ACTION REQUESTED: Approve final acceptance, by Resolution, as a
donation for one fire hydrant serving Hope Hospice @ Healthpark FLORIDA.
This is a Developer
contributed asset project located approximately 1,600 west of Bass Road along
the north side of North HealthPark Circle. WHY ACTION IS NECESSARY: To provide fire protection to the recently
constructed care facility. WHAT ACTION ACCOMPLISHES: Places the fire hydrant into operation and
complies with the Lee County Utilities Operations Manual. (#20040391-Utilities) |
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ACTION REQUESTED: Award B-04-10 LIFT STATION #263-A, for the
Utilities Division, to the low bidder meeting all bidding requirements, JP
Murphy, Inc., for a total not-to-exceed amount of $538,453.00 with a final
project completion time of 168 days. WHY ACTION IS NECESSARY: Board approval required WHAT ACTION ACCOMPLISHES: To select a contractor who will construct a new
lift station wet-well and submersible pumps.
(#20040407-Utilities) |
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11. |
PARKS AND RECREATION |
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ACTION
REQUESTED: Approve an agreement between the South Florida
Water Management District (SFWMD) and Lee County for a lease of approximately
188 acres located within or adjacent to Caloosahatchee Regional Park. WHY ACTION
IS NECESSARY: To meet the requirement of SFWMD for Lee County to
use the lands near Caloosahatchee Regional Park. WHAT ACTION
ACCOMPLISHES: Approves a 5 year lease of SFWMD properties within
or adjacent to Caloosahatchee Regional Park.
(#20040382-Parks and Recreation) |
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ACTION
REQUESTED: Authorize the chairman to sign Task Assignment
SWO50 on Contract SL 893 between the Florida Department of Environmental
Protection (DEP) and Lee County for upland exotic plant control at the Big
Hickory Island Preserve. Approve
Budget Amendment in the amount of $49,500 and amend the FY 03/FY04 CIP budget
accordingly. WHY ACTION
IS NECESSARY: To allow exotic control work to be done at the Big
Hickory Island Preserve. WHAT ACTION
ACCOMPLISHES: The contract set up the mechanism for Lee County
to receive funding on a reimbursement basis for exotic plant control
performed through this contract on a task assignment basis. (#20040388-Parks and Recreation) |
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ACTION
REQUESTED: Waive the parking fee for Lakes Regional Park
during the 7-day celebration of the park’s 20th anniversary. WHY ACTION
IS NECESSARY: Board approval is necessary to waive fees. WHAT ACTION
ACCOMPLISHES: Approval to waive parking fees for 7-day
celebration of the 20th anniversary of Lakes Regional Park. (#20040398-Parks and Recreation) |
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ACTION
REQUESTED: Award the Addendum under RFQ-01-04 COUNTY-WIDE
CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as Teacherage
Building Improvement – Phase I to Casey Construction for the Guaranteed
Maximum Price (GMP) of $242,628.00 (includes $21,580.00 CM fee). At this time it is also being requested
that the Board approve waiving of the formal process (if needed) and
authorize the use of the Direct Material Purchase Order based on CM’s
competitive process, which allows the County to purchase directly from
suppliers of equipment and/or materials as a cost/time saving measure. Also approve budget transfer from Capital Improvement
Fund reserves in the amount of $242,628.00 and amend FY 03/04 -07/08 CIP for
Teacherage Improvement Project. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: This work will be performed for the Parks &
Recreation Department. It will
provide the County with a Construction Manager, and all services needed for
the Teacherage Building Improvement – Phase I, remediation and abatement of
asbestos, lead and other hazardous substances. (#20040403-Parks and Recreation) |
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ACTION
REQUESTED: Accept Master Plan for Lakes Park as presented at
the Management and Planning meeting on April 5, 2004. WHY ACTION
IS NECESSARY: Per Board direction the Department of Parks and
Recreation has contracted with Wilson-Miller to develop the phased master
plan for Lakes Park. Parks and
Recreation seeks B.O.C.C. acceptance of the plan. WHAT ACTION
ACCOMPLISHES: Acceptance of the Lakes Park Master Plan will
permit the Department of Parks and Recreation to make phased improvements and
renovations to Lakes Regional Park as guided by the master plan. Funding for this master plan will go
through the regular budgeting process.
(#20040443-Parks and Recreation) |
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12. |
COUNTY ATTORNEY |
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ACTION REQUESTED: Request authorization to advertise for and conduct
a Public Hearing on May 11, 2004 at 5:00 p.m., in Chambers to enact a
Reviser’s Ordinance Repealing Lee County Ordinance 96-10 Court filing fees
for Legal Aid for the reason that it is obsolete. WHY ACTION IS NECESSARY: Board must formally adopt Ordinance at a Public
Hearing. WHAT ACTION ACCOMPLISHES: Sets May 11, 2004 at 5:00 p.m. for the Public
Hearing date and time allows the process to go forward. (#20040386-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).
(#20040396-Clerk of Courts) |
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April
20, 2004
1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Approval to select underwriters for the
Transportation Facilities Refunding Revenue Bonds, Series 2004C. WHY ACTION
IS NECESSARY: Board must approve selection of the underwriters
for the Transportation Facilities Refunding Revenue Bonds, Series 2004C. WHAT ACTION
ACCOMPLISHES: Provides underwriter selection for the
Transportation Facilities Refunding Revenue Bonds, Series 2004C. (#20040400-Budget Services) |
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ACTION
REQUESTED: Authorize the Chairman or Vice Chairman to sign a
resolution for the award of the Tourist Development Tax Refunding Revenue
Bonds, Series 2004 pursuant to a public bid set forth in the resolution that
meets certain specific criteria.
Authorize other approvals as necessary contained in this resolution. WHY ACTION
IS NECESSARY: Allows greater flexibility in marketing and
selling the Tourist Development Tax Refunding Revenue Bonds, Series 2004. WHAT ACTION
ACCOMPLISHES: Allows the bonds to be awarded following a competitive sale without reconvening the Board of County Commissioners. (#20040401-Budget Services) |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION
REQUESTED: Declare a limited, temporary, emergency by
Resolution for repairs to Terry Park (Pigott Stadium) Seating Repair which
requires certain, immediate and necessary improvements, for the protection
and safety of the stadium assets and customers. Also request Board approve emergency funding for Terry Park
(Pigott Stadium) Seating Repair. Approve
budget transfer of $1,000,000 from CIP reserves and amend the FY 03/04 CIP. WHY ACTION
IS NECESSARY: Board of County Commissioners’ approval is
required for any Emergency Declarations. WHAT ACTION
ACCOMPLISHES: Allows the County to proceed with certain,
immediate improvements to the Stadium.
(#20040404-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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ACTION
REQUESTED: Adopt Resolution for Making Application for Tax
Deeds on County Held Tax Sale Certificates for Properties Having Assessed
Values of $4,999 or Less; Approve Budget Amendment Resolution and transfer of
$250,000 each and amend FY03-04 CIP accordingly. WHY ACTION
IS NECESSARY: Statutory provisions require Board resolve in
order for staff to carry out Board’s direction. WHAT ACTION
ACCOMPLISHES: Provides the County with opportunity to pursue
collection of unpaid ad valorem taxes and acquiring real property for County
purpose by tax deed process.
(#20040378-County Lands) |
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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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ACTION
REQUESTED: Approve a request from the Cape Coral Chamber of
Commerce and authorize the Chairman to Execute the agreement on behalf of the
BOCC. Approve the closing of the Cape
Coral Bridge on July 4, 2004 from Noon until 3:00 a.m. on July 5, 2004 to
accommodate the Chamber’s Red, White and Boom Celebration. WHY ACTION
IS NECESSARY: Approval of a bridge closure and the resultant
loss of revenue requires BOCC approval. WHAT ACTION
ACCOMPLISHES: Allows the Chamber to proceed with the planning of
their 4th of July Celebration.
(#20040418-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
contract for purchase of Parcel 147, Pondella Road Widening Project. WHY
ACTION IS NECESSARY: Board
must approve contract for it to be legally binding. WHAT
ACTION ACCOMPLISHES: Creates
contract for sale/purchase of Parcel 147.
(#20040399-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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