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

 

 

May 18, 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:

Pastor Richard Cecil

The Father’s House

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

 

 

·         

National Public Works Week Resolution

 

 

(Commissioner St. Cerny-#20040567)

 

 

·         

EMS Week Resolution

 

 

(Commissioner Janes-#20040581)

 

 

·         

Fiesta Plant-Phelps Award Resolution

 

 

(Commissioner Albion-#20040582)

 

 

 

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

May 18, 2004 

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

To approve and execute the Interlocal Agreement, Addendum to Interlocal Agreement, Cross Easements and County Deed to formalize and effectuate the transfer of 15.029 acres of County owned property (16730 Bass Road, Fort Myers, Florida) to the Lee County School Board for the sum of $804,051.50 for the construction of a middle school.

WHY ACTION IS NECESSARY:

The Board must formally approve the Interlocal agreement, addendum, cross easements and transfer of property by County Deed, provided that the Board determines that the sale and transfer of the property to the School Board is in the public interest.

WHAT ACTION ACCOMPLISHES:

Formalizes and effectuates the transfer of ownership of 15.029 acres of real property located at 16730 Bass Road, Fort Myers, Florida to the Lee County School Board so that the property can be used for a public middle school. Permits joint use of certain facilities within the proposed middle school by Lee County and the School Board.  (#20040590-Construction and Design)

 

 

(b)

ACTION REQUESTED:

Award Addendum to the Construction Management Agreement under RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as Billy Creek & Evergreen Fuel Tank Project, to Westco Builders of FL Inc for the Guaranteed Maximum Price (GMP) of $448,875.00 (includes the CM fee of $34,039.00).  At this time it is being requested that the Board approve waiving of the 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:

Requires Board approval.

WHAT ACTION ACCOMPLISHES:

Provides the County with a Construction Manager that will enhance the fuel management ability at two locations, Billy’s Creek and Evergreen.  (#20040568-Construction and Design)

 

 

(c)

ACTION REQUESTED:

Approve Addendum to the Construction Manager Agreement under RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as Colonial Elementary Hurricane Shelter Project, to Westco Builders of Florida, Inc., for the Guaranteed Maximum Price (GMP) of $435,000.00.00 (includes the CM fee).  Also approve budget transfer from Hazardous Material Response reserves in the amount of $85,000.00 and amend FY 03/04-07/-08 CIP for the Hurricane Shelter Retrofit Project.  Additionally, approve waiving of the 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:

Provides the County with a Construction Manager that will provide for new manually operated rolling shutters installed for the Colonial Elementary Hurricane Shelter Project.  (#20040574-Construction and Design)

 

 

(d)

ACTION REQUESTED:

Approve Waiver, Release of Claims and Replacement Agreement to Central Sprinkler Company to participate in the voluntary replacement program to replace o-ring sprinkler heads in various County buildings.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Provides for the replacement of o-ring sprinkler heads that were installed in County buildings between 1996 and 1998 because they could possibly fail with replacement sprinkler heads.  (#20040539-Facilities Management)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Accept a Petition to Vacate a portion of Leetana Road Right-of-Way located at 17600 Pritchett Pkwy, North Fort Myers, Florida 33917, and adopt a resolution setting a Public Hearing for 5:00 PM on the 8th day of  June, 2004.  (Case No. VAC2002-00058)

WHY ACTION IS NECESSARY:

To allow signage for a proposed subdivision.  The vacation of these rights-of-way will not alter existing utilities or traffic conditions, and the rights-of-way are not necessary to accommodate any future utilities or traffic requirement.

WHAT ACTION ACCOMPLISHES:

Setting the time and date of the Public Hearing.  (#20040528-Development Services)

 

 

(b)

ACTION REQUESTED:

Accept a Petition to Vacate two (2) 12-foot wide Public Utility Easement located at 5600, 5594 and 5584 6th Street West, Lehigh Acres, Florida 33971, and adopt a resolution, setting a Public Hearing for 5:00 PM on the 8th day of June, 2004.  (Case No. VAC2004-00020)

WHY ACTION IS NECESSARY:

Future construction of a commercial building on 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.  (#20040545-Development Services)

 

5.

HUMAN SERVICES

 

 

(a)

ACTION REQUESTED:

Amend a contract between the State of Florida Department of Community Affairs and the Board of County Commissioners to receive an additional $184,268 for the Low Income Home Energy Assistance Program (LIHEAP); approve a budget amendment resolution.

WHY ACTION IS NECESSARY:

To secure additional grant funds for the Low Income Home Energy Assistance Program made available to Lee County.

WHAT ACTION ACCOMPLISHES:

Will provide a total of $501,266 in grant funds for assistance with energy costs to qualified households for the period of February 18, 2004 through March 31, 2005.  (#20040573-Human Services)

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve the recommendation of the Conservation Lands Acquisition and Stewardship Advisory Committee to pursue for acquisition approximately 61 acres in Township 45S, Range 27E, Section 28 on the south side of SR 82 directly east of the Imperial Marsh Preserve, known as Conservation 20/20 Nomination 259.  Authorize staff to enter negotiations with the property owners.

WHY ACTION IS NECESSARY:

The Board must approve advisory committee recommendations for Conservation 20/20 Program acquisitions and must authorize necessary expenses for the negotiation process.

WHAT ACTION ACCOMPLISHES:

Begins the negotiation process to buy environmentally sensitive lands needed for native plants and animals, flood control, water quality, water supply, and public use.  (#20040569-County Lands)

 

 

(b)

ACTION REQUESTED:

Approve the recommendation of the Conservation Lands Acquisition and Stewardship Advisory Committee to pursue for acquisition approximately 246 acres in Township 43S, Range 27E, Section 15 in the Spanish Creek area and known as Conservation 20/20 Nomination 260.  Authorize staff to enter negotiations with the property owners.

WHY ACTION IS NECESSARY:

The Board must approve advisory committee recommendations for Conservation 20/20 Program acquisitions and must authorize necessary expenses for the negotiation process.

WHAT ACTION ACCOMPLISHES:

Begins the negotiation process to buy environmentally sensitive lands needed for native plants and animals, flood control, water quality, water supply, and public use.  (#20040570-County Lands)

 

 

(c)

ACTION REQUESTED:

Approve the recommendation of the Conservation Lands Acquisition and Stewardship Advisory Committee to pursue for acquisition approximately 91 acres in Township 45S, Range 23E, Sections 22 and 29 on Cattle Dock Point in Cape Coral known as Conservation 20/20 Nomination 234.  Authorize staff to enter negotiations with the property owners.

WHY ACTION IS NECESSARY:

The Board must approve advisory committee recommendations for Conservation 20/20 Program acquisitions and must authorize necessary expenses for the negotiation process.

WHAT ACTION ACCOMPLISHES:

Begins the negotiation process to buy environmentally sensitive lands needed for native plants and animals, flood control, water quality, water supply, and public use.  (#20040571-County Lands)

 

 

(d)

ACTION REQUESTED:

Approve the recommendation of the Conservation Lands Acquisition and Stewardship Advisory Committee to pursue for acquisition approximately 102 acres in Township 46S, Range 27E, Section 12 on Wildcat Drive, known as Conservation 20/20 Nomination 256.  Authorize staff to enter negotiations with the property owners.

WHY ACTION IS NECESSARY:

The Board must approve advisory committee recommendations for Conservation 20/20 Program acquisitions and must authorize necessary expenses for the negotiation process.

WHAT ACTION ACCOMPLISHES:

Begins the negotiation process to buy environmentally sensitive lands needed for native plants and animals, flood control, water quality, water supply, and public use.  (#20040555-County Lands)

 

 

(e)

ACTION REQUESTED:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $20,100 for Parcel 109, Veronica S. Shoemaker Blvd. (formerly Palmetto Avenue) Extension, Project No. 4073, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.  (#20030885-County Lands)

 

 

(f)

ACTION REQUESTED:

Approve Easement Purchase Agreement for acquisition of Parcel 1001, Veronica S. Shoemaker Blvd. Extension Project No. 4073, in the amount of $2,500 plus attorneys fees and reimbursement for relocation of fence; 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.  (#20040519-County Lands)

 

 

(g)

ACTION REQUESTED:

Declare County owned property, known as Shady Rest Care Pavilion, located at 2310 North Airport Road, Fort Myers, as surplus property; Approve the sale of Shady Rest to Shady Rest Care Pavilion, Inc., a Florida non-profit corporation (SRCP), for $5,700,000 and the satisfaction of all of SRCP lease obligations and debt obligations to Lee County, pursuant to the Real Estate Sales Agreement; Authorize Division of County Lands to handle all documentation necessary to complete transaction. Within the Real Estate Sales Agreement, the County agrees to credit SRCP the principal portion of the lease payment, from April 1, 2004 to closing, toward the purchase price.

WHY ACTION IS NECESSARY:

County owned land must be declared surplus by the Board of County Commissioners before it can be sold.

WHAT ACTION ACCOMPLISHES:

Declares County owned property as surplus under FS 125.38 and authorizes staff to dispose of same.  (#20040556-County Lands)

 

 

(h)

ACTION REQUESTED:

Approve Purchase Agreement for acquisition of Parcel 326, Three Oaks Parkway South Extension Project No. 4043, in the amount of $340,000; 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 purchase of the property during the voluntary acquisition phase of the project.  (#20040526-County Lands)

 

 

(i)

ACTION REQUESTED:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $190,900 for Parcel 105, Veronica S. Shoemaker Blvd. (formerly Palmetto Avenue) Extension, Project No. 4073, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.  (#20040529-County Lands)

 

 

(j)

ACTION REQUESTED:

Authorize approval of the donation of a Perpetual Access Easement to the Florida Department of Environmental Protection (FDEP), Bureau of Coastal and Aquatic Managed Areas for the Estero Bay State Buffer Preserve; execution by the Chairman on behalf of the Board of County Commissioners; and the Division of County Lands to handle, accept all documentation necessary to complete this transaction, and sign closing forms and documents required by FDEP.

WHY ACTION IS NECESSARY:

The Board must accept all real estate conveyances to and from Lee County.

WHAT ACTION ACCOMPLISHES:

Compliance with a condition of Department of Environmental Protection Permit/ Authorization Number: 36-0159764-001 for N.E. Hurricane Bay MSTBU Dredging Project.  (#20040544-County Lands)

 

 

(k)

ACTION REQUESTED:

Board review and approve Letter of Agreement for Maintaining a Safe Campus Environment at the Lehigh Senior High School and East County Regional Library

WHY ACTION IS NECESSARY:

Board must approve Letters of Agreement

WHAT ACTION ACCOMPLISHES:

Allows the Lee County School Board and Lee County Government to enter into an agreement to assist in ensuring that school personnel work with county staff to maintain a safe campus.  Agreement approved by the School Board on April 20, 2004.  (#20040575-Library)

 

 

(l)

ACTION REQUESTED:

Approve the purchase and transfer of federal interest on four (4) 1999 Trolley Buses from Sarasota County to LeeTran and allow the Chairman to execute the required documents necessary to complete the sale and transfer.

WHY ACTION IS NECESSARY:

Board approval and acceptance is required to complete the purchase and transfer of the trolleys from Sarasota County to LeeTran.  Board approval for expenditures in excess of $50,000.

WHAT ACTION ACCOMPLISHES:

This action allows LeeTran to purchase four (4) 1999 Trolley Buses from Sarasota with the remaining useful life at a cost of $13,385.00 each, $53,540.00 total.  The purchase will be covered under a pending federal grant for the remaining federal interest of $481,860.00.  (#20040552-Transit)

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Approve award of Formal Quotation # Q-040206, for the annual purchase of I.V. Catheters, Needles, Solutions and Supplies, for the Division of Public Safety (EMS), to the overall low quoters per section meeting all specification requirements as follows: Section (A) Emergency Medical Products, Section (B & C) Physicians Sales and Service and Section (D) Boundtree Medical LLC. The initial term of this agreement is for three years. Request authority to renew this quotation for one additional two period if in the best interest of the County, at the expiration of the original term. Funding will come from the individual departments budget and they will be responsible for monitoring their own expenditures.

WHY ACTION IS NECESSARY:

All purchases that exceed $50,000 must be board approved.

WHAT ACTION ACCOMPLISHES:

Establishes competitive pricing for the purchase of these medical supplies.  (#20040488-EMS)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Award B-04-15 ANNUAL CONTRACT FOR CLEANING & SNAGGING, for the Division of Natural Resources, to the three (3) lowest responsive, responsible bidders meeting all bidding requirements, Aquatic Weed Control, Inc.; Mettauer Environmental, Inc.; and Ecosystems Technology, Inc., for the hourly rates and unit costs stipulated on the bid tabulation sheet. This contract is for a one year period with the option of 2 – one (1) year renewals.

WHY ACTION IS NECESSARY:

Requires Board approval.

WHAT ACTION ACCOMPLISHES:

Contractor will be required to perform cleaning and snagging operations in creeks, canals, and other flow ways where vegetation and debris are impeding the flow of water. The tasks will include trimming, and/or removal of nuisance vegetation; removal of non-vegetative debris, herbicidal treatment, and disposal of all debris and vegetation collected at the work site.  (#20040547-Natural Resources)

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve Supplemental Task Authorization No. 3 to Contract #2245, to Johnson Engineering Inc., under CN-02-25 Miscellaneous Environmental Contract – HealthPark Land Acquisition – USACOE Permit Modification, Mitigation Activities and Monitoring, in the amount of $141,285.00.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Will provide the County with a consultant to modify US Army Corps of Engineers (USACOE) Permit No. 199700524 (IP-CC) to transfer ownership of the mitigation lands to the Lee County Board of County Commissioners and assume the mitigation responsibilities.  (#20040563-Transportation)

 

 

(b)

ACTION REQUESTED:

Award B-04-14 County-Wide Minor Signalization Improvements to the lowest responsive/responsible bidders meeting all bidding requirements Mid-Continent Electric, Inc., and E.B. Simmonds Electrical, Inc., for a total not-to-exceed annual contract amount of $300,000.00 with a final project completion time of 360 days.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides a contractor for traffic signalization and street light work countywide.  It consists of construction (installation/reinstallation) and rebuilding of traffic signals and streetlights.  (#20040546-Transportation)

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve Addendum to the Construction Manager Agreement, (Contract #2426), RFQ-02-07 Green Meadows Water Plant/Corkscrew Water Plant Interconnection with Storage Tank Facility and Corkscrew Water Treatment Plant Expansion & Improvements, for the Division of Utilities, to Earth Tech A Tyco International LTD. Company, to include the Guaranteed Maximum Price (GMP) in the amount of $9,123,382.00 (includes the 5% CM fee) for the remaining construction work for the Corkscrew Water Treatment Plant Expansion. 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:

Authorizes Earth Tech Inc. to complete the remaining construction work for the Corkscrew Water Treatment Plant Expansion.  (#20040564-Utilities)

 

11.

PARKS AND RECREATION

 

12.

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).  (#20040554-Clerk of Courts)

 

 

ADMINISTRATIVE AGENDA

May 18, 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:

Approve LeeWay as an additional Party to the Interagency Electronic Toll Collection Interoperability and Reciprocity Agreement (Reciprocity Agreement), dated March 8, 2002, and subsequent Amendment One by executing Amendment Two of the Agreement.

WHY ACTION IS NECESSARY:

The Board of County Commissioners approve all Agreements.

WHAT ACTION ACCOMPLISHES:

The Reciprocity Agreement would allow LeeWay, Sunpass and Epass to recognize each other’s Electronic Toll Collection Programs. Provides operating business rules, technical specifications, reciprocity and allows for transfer of funds between agencies participating in the Reciprocity Agreement.  (#20040559-Toll Facilities)

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS