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

 

 

June 29, 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 Patrick Thurmer

Living Faith Church

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

 

 

·         

Royal Presentation by Mango Mania Queen Betsy, the Tropical

 

 

(Commissioner Janes-#20040817)

 

 

·         

James G. Yaeger Retirement Resolution

 

 

(County Commission-#20040818)

 

 

 

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

June 29, 2004 

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Authorize Chairman to sign a resolution that will allow for the execution of loan documents with SunTrust Bank for long term financing up to $200,000 of the Cottage Point MSBU project and authorize Budget Amendment Resolutions to reflect this transaction.

WHY ACTION IS NECESSARY:

Allow the implementation of Long Term Debt Financing for the Cottage Point MSBU project without pledging the Non-Ad Valorem Debt Capacity of the County.

WHAT ACTION ACCOMPLISHES:

Provides Private Placement Financing for the Cottage Point MSBU Project.  (#20040755-Budget Services)

 

 

(b)

ACTION REQUESTED:

Authorize Chairman to sign a resolution that will allow for the execution of loan documents with SunTrust Bank for long term financing up to $400,000 of the Country Triple Crown MSBU project and authorize Budget Amendment Resolutions and Transfer to reflect this transaction.

WHY ACTION IS NECESSARY:

Allow the implementation of Long Term Debt Financing for the Country Triple Crown MSBU project without pledging the Non-Ad Valorem Debt Capacity of the County.

WHAT ACTION ACCOMPLISHES:

Provides Private Placement Financing for the Country Triple Crown MSBU Project.  (#20040756-Budget Services)

 

 

(c)

ACTION REQUESTED:

Approve Budget Amendment Resolutions and Transfer of Funds to establish budget in Fund 42162 to provide funds to pay debt service on $20,000,000 in Commercial Paper Proceeds for the Sanibel Causeway.

WHY ACTION IS NECESSARY:

Budget Amendment Resolutions must be approved to recognize anticipated proceeds.

WHAT ACTION ACCOMPLISHES:

Establishes the accounts necessary to properly account for the payment of debt on the $20,000,000 Commercial Paper Loan for the Sanibel Causeway.  (#20040781-Budget Services)

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

Approve for acceptance and filing with the Minutes Department of the Clerk’s Office, an after-the-fact emergency under E-04-01, Repairs to Terry Park (Pigott Stadium) Seating Repair Resolution No.04-04-31 and authorize entering into a Construction Manager Agreement with Compass Construction, Inc. for seating repairs at Terry Park, Bleacher Demolition, Phase 1A for a Guaranteed Maximum Price (GMP) of $203,893.00 (includes the CM fee of $17,418.00).  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:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Provides after-the-fact approval under the emergency Terry Park Resolution with a Construction Manager for demolition of bleachers at Terry Park.  (#20040678-Construction and Design)

 

 

(b)

ACTION REQUESTED:

Approve for acceptance and filing with the Minutes Department of the Clerk’s Office, an after-the-fact Emergency under Resolution 03-11-31 for the purchase of signs at the City of Palms Stadium in the amount of $80,498.60.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Provides after-the-fact approval under the emergency City of Palms resolution for Purchase Order # 54104 for the purchase of signs, banners and displays at the City of Palms Stadium.  (#20040769-Construction and Design)

 

 

(c)

ACTION REQUESTED:

Approve the award of Formal Quotation No. Q-040331, The Annual Purchase of Generators for Facilities Management to the following pool of qualified vendors: Pantropic Power; Cummins Southeastern Power; and Florida Detroit Diesel–Allison.  This quotation shall be in effect for one year, or until new quotations are taken and awarded.  Also request authority to renew this quotation for four additional one year periods, under the same terms and conditions, if in the best interest of the County, at the expiration of the original term.  It is anticipated that as many as 100 generators may be purchased over the next five years.  Each purchase will be competitively quoted among the qualified vendors; the award will be to the low quoter and processed per the County’s established procedures–for example, if the total cost is over $50,000, Board approval will be required.

WHY ACTION IS NECESSARY:

Purchases exceeding $50,000 require Board approval.

WHAT ACTION ACCOMPLISHES:

Enables Facilities Management to obtain generators on an as-needed basis from a pre-qualified pool of vendors.  (#20040772-Facilities Management)

 

 

(d)

ACTION REQUESTED:

Approve the award of Project # EX040505, the purchase of modular furniture, accessories, and related services at the Florida State Contract price of $64,889.54 from Herman Miller Workplace for use on the 4th floor of the Public Works building.

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 continue the reconfiguration of the 4th floor of the CD/PW building.  (#20040785-Construction and Design)

 

 

(e)

ACTION REQUESTED:

Approve the award of Project # EX040509, the purchase of modular furniture, accessories, and related services at the Florida State Contract price of $111,953.72 from Herman Miller Workplace for the Morgue expansion project.  Also approve the expenditure of a not-to-exceed amount of $11,200 for such incidentals as miscellaneous components, overnight delivery services, 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 complete the expansion of the Morgue.  (#20040791-Construction and Design)

 

 

(f)

ACTION REQUESTED:

Approve Addendum to the Construction Manager Agreement for RFQ-04-03 Schandler Hall Community Park with Wright Construction Corporation (Contract #2741) to include the Guaranteed Maximum Price (GMP) in the amount of $1,137,108.00.  Also approve 8% CM fee for construction phase of $90,969.00 (included in GMP).  Additionally, approve budget transfer from the County-wide Athletic Court Resurfacing project in the amount of $135,000.00 to the Schandler Hall Community Park Project and amend 03/04-07/08 CIP accordingly.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides construction management services for the Schandler Hall Community Park.  (#20040810-Construction and Design)

 

 

(g)

ACTION REQUESTED:

Award the Construction Management Agreement under RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as Lee County Justice Center 2nd Floor Lobby Area Renovation to Target Builders Inc., for the CM fee of 7% or $46,217.00, with a Guaranteed Maximum Price of  $649,836.00 (includes CM fee).  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:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Provides the County with a Construction Manager which will provide any and all services  needed for the Lee County Justice Center 2nd Floor Lobby Area Renovations.  (#20040811-Construction and Design)

 

 

(h)

ACTION REQUESTED:

Approve change of ownership of lease and First Amendment to Lease for 3040 Fowler Street, Ft. Myers, Florida from C.S.L. & G. Development, Ltd. to 3040 Fowler, LLC, c/o Flordeco, P.O. Box 6966, Ft. Myers, Florida 33911-6966.  This lease is in effect until April 30, 2009.

WHY ACTION IS NECESSARY:

Board must approve all leases and changes in ownership of those leases.

WHAT ACTION ACCOMPLISHES:

Enables rental checks and all notices to be sent to the new owner.  (#20040821-Facilities Management)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Accept a Petition to Vacate a 12-foot wide Drainage and Public Utility Easement located at 2821

5th Street W., Lehigh Acres, Florida 33971, and adopt a resolution, setting a Public Hearing for 5:00 PM on the 27th day of July 2004.  (Case No. VAC2004-00021)

WHY ACTION IS NECESSARY:

To build a commercial building on the combined 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.  (#20040773-Development Services)

 

5.

HUMAN SERVICES

 

 

(a)

ACTION REQUESTED:

Approve a Contract Amendment between the Board of County Commissioners and Florida Department of Community Affairs for Lee County to receive an additional $20,488 in Community Services Block Grant (CSBG) funds; approve a budget resolution amendment.

WHY ACTION IS NECESSARY:

To execute an agreement to receive additional CSBG funding and to establish an increase in budget.

WHAT THE ACTION ACCOMPLISHES:

Provides an additional $20,488 for education, employment and emergency assistance for eligible Lee County households for a total allocation of $164,383.  (#20040774-Human Services)

 

 

(b)

ACTION REQUESTED:

Approve the Urban County Cooperative Agreements with Bonita Springs, Fort Myers Beach and Sanibel for the three year qualification period HUD FY 2005-2007.  Approve the submission of a Legal Opinion by the County Attorney's Office required by the Department of Housing and Urban Development. Authorize the Board Chair to sign Cooperative Agreements, Cover Letters, and the Joint Resolutions once prepared.

WHY ACTION IS NECESSARY:

Update Cooperative Agreements and Legal Opinion, and authorize the Chairman to sign agreements, cover letter, and resolutions.

WHAT ACTION ACCOMPLISHES:

Meets the United States Department of Housing and Urban Development (HUD) Urban County requirements.  (#20040794-Human Services)

 

 

(c)

ACTION REQUESTED:

Approve submission of Lee County’s HUD Fiscal Year 2004 Homeless Continuum of Care and Supportive Housing applications; authorize Chairman to sign HUD Certifications and HUD Consistency with Consolidated Plan Letters.

WHY ACTION IS NECESSARY:

Federal application for homeless funds requires Board approval and signature.

WHAT ACTION ACCOMPLISHES:

Allows Lee County to apply for funds to assist the county’s homeless.  (#20040816-Human Services)

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve Purchase Agreement for acquisition of Parcel 178, Burnt Store Road Widening Project No. 4088, in the amount of $27,000; 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.  (#20040713-County Lands)

 

 

(b)

ACTION REQUESTED:

Accept the donation of a portion of Parcel STRAP 05-46-25-00-01000.5000, (a corner clip of land north of Alico Road of +/- 526 sq.ft.) in Fort Myers, for the Alico Road Widening Project No. 4030; authorize payment of necessary fees to close and the Division of County Lands to handle and accept all documentation necessary to complete the transaction.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

The Board avoids Eminent Domain.  (#20040752-County Lands)

 

 

(c)

ACTION REQUESTED:

Approve the Florida Communities Trust Grant Award Agreement and Grant Award Calculation for a grant award in the amount of $2,727,024.47 for the Conservation 20/20 addition to the Prairie Pines Preserve.  Approve budget amendment resolution in the amount of $2,727,024 and increase the Conservation 20/20 Land Management program.  Also approve Budget Amendment Resolution of $2,729,223 to reduce the grant amount previously recorded in the Conservation 20/20 Land Acquisition fund and reduce the Conservation 20/20 Land Acquisition Project by $2,456,300 also reverse the transfer out to Land Management by $272,923 and amend FY 03/04-07/08 CIP accordingly.

WHY ACTION IS NECESSARY:

Approval of the Grant Award Agreement and Grant Award Calculation are required to receive the reimbursement grant.

WHAT ACTION ACCOMPLISHES:

Reimburses the Conservation 20/20 program funds for fifty percent of eligible acquisition cost for the addition to the Prairie Pines Preserve.  (#20040813-County Lands)

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Approve award of Formal Quotation # Q-040355, the Purchase of Medical Supplies for Product Group A, for the Division of Public Safety (EMS), to the overall low quoters per section meeting all specification requirements as follows: Sections A & B to Emergency Medical Products, Inc. and Section C to Physician Sales and Service. The initial term of this agreement is for three years. Request authority to renew this quotation for one additional two year 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.  (#20040732-EMS)

 

 

(b)

ACTION REQUESTED:

Authorize Chairman to sign resolution establishing a procedure for declaring a State of Local Emergency when the Board of County Commissioners cannot meet.

WHY ACTION IS NECESSARY:

The Board will not convene in regular session again until July 27, which makes declaring a State of Local Emergency difficult and untimely under current procedures.

WHAT ACTION ACCOMPLISHES:

Authorizes the Board Chairman, Vice Chairman or other Board Member present in the county to declare a State of Local Emergency should a natural or human caused event cause conditions posing a serious and immediate threat to lives and property of Lee County residents.  (#20040788-Public Safety)

 

 

(c)

ACTION REQUESTED:

Approve and execute an Agreement concerning the Use of Real Estate or other Premises for Emergency Relief Efforts between Lee County, and Uccello Immobilien GmbH, formerly known as University Park One, for a period of five (5) years.

WHY ACTION IS NECESSARY:

Interlocal agreements require Board approval.

WHAT ACTION ACCOMPLISHES:

Authorizes Lee County temporary use of property located at 12800 University Drive, in Fort Myers for emergency relief and recovery efforts.  (#20040808-Emergency Management)

 

 

(d)

ACTION REQUESTED:

Accept by Resolution donated items from the ERS Antenna Site Management.

WHY ACTION IS NECESSARY:

Formally accepts private donations to Lee County.

WHAT ACTION ACCOMPLISHES:

Records donations on County inventory.  (#20040812-Communications)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Approve by resolution the Lee County Manatee Protection Plan dated June 17, 2004 and transmit to the Florida Fish and Wildlife Conservation Commission executive director for approval and the US Fish and Wildlife Service for acceptance.

WHY ACTION IS NECESSARY:

Lee County is required to submit a Manatee Protection Plan by Florida Statute 370.12(2)(t).

WHAT ACTION ACCOMPLISHES:

Adoption of the Manatee Protection Plan formalizes manatee protection strategies and initiates process of integrating policies outlined in the Plan into the Lee County Comprehensive Plan.  (#20040657-Natural Resources)

 

 

(b)

ACTION REQUESTED:

Authorize an amendment of the FY 04 budget and approve transfer of reserves in the amount of       $498,000 for the Division of Solid Waste.

WHY ACTION IS NECESSARY:

Board approval is required for budget amendments and transfers from reserves.

WHAT ACTION ACCOMPLISHES:

Allows the Solid Waste Division to continue operations at the Lee/Hendry Landfill for leachate hauling/disposal and additional fuel usage. Provide additional funding for increased residential units for curbside collection and processing waste tires.  (#20040707-Solid Waste)

 

 

(c)

ACTION REQUESTED:

Approve Resolution to the West Coast Inland Navigation District (WCIND) requesting funding for FY04/05 for the projects listed in priority order.  Authorize Commission Chairman to sign corresponding agreements for projects once funding is finalized by WCIND.

WHY ACTION IS NECESSARY:

WCIND rules require a resolution requesting grant funding.

WHAT ACTION ACCOMPLISHES:

Formalizes the request to WCIND for fiscal year 2005 project funding.  (#20040771-Natural Resources)

 

 

(d)

ACTION REQUESTED:

Amend interlocal agreement between the City of Cape Coral and Lee County for Matlacha Isles Dredging Project to authorize additional funds in the amount of $106,000.00 to be paid to the City of Cape Coral.  The new total amount is $132,600.00.  Funds are available.

WHY ACTION IS NECESSARY:

Dredging project exceeded time and material estimates due to unforeseen field conditions.  Original amount falls short of appropriate amount of compensation due to the City of Cape Coral under the interlocal agreement.

WHAT ACTION ACCOMPLISHES:

Compensates the City of Cape Coral at the previously agreed to amount per cubic yard, with the adjustment for the additional material removed.  (#20040779-Natural Resources)

 

 

(e)

ACTION REQUESTED:

Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-04-07 EFFECTIVENESS OF BEST MANAGEMENT PRACTICES SOUTHWEST FLORIDA, in the following order of ranking, and authorize contract negotiations to commence with the number one ranked firm: (1) Johnson Engineering Inc.; (2) Southern Datastream Inc.; and (3) Applied Technology & Management Inc.  Further authorize the Chairman on behalf of the Board of execute an agreement for an amount not-to-exceed $250,000.00.  Also request Board approve waiving of any formal process (if needed) and authorize the use of the Direct Material Purchase Orders in the not-to-exceed amount of $116,000.00, 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:

Consultants to provide professional consulting services for the project known as Effectiveness of Best Management Practices Southwest Florida to include best management practice selection; pollutants; monitoring; peer review; data analysis and final report.  (#20040782-Natural Resources)

 

 

(f)

ACTION REQUESTED:

Approve Change Order No. 1 to Construction Agreement #2802 (B-04-16) LEE/HENDRY LANDFILL CELL 5 EARTHWORK with ERC General Contracting, Inc. in the amount of $176,909.00, for a revised total contract amount of $419,030.00 to purchase and install the leachate collection system for Cell 5 of the Lee/Hendry Landfill Phase 2 Expansion project.

WHY ACTION IS NECESSARY:

BOCC approval is required for contract changes exceeding $50,000 in value.

WHAT ACTION ACCOMPLISHES:

Expedites Cell 5 completion in order to provide continuing ash/MSW disposal capacity; eliminates costs as contractor is currently on-site and constructing the embankments in which these components are located; and will complete the Cell 5 earthwork activities before entering the heavy rainy season.  (#20040796-Solid Waste)

 

 

(g)

ACTION REQUESTED:

Execute Supplemental Joint Funding Agreement No. 1 to Agreement #04E0FL208013 with the U.S. Geological Survey for Water Resource Investigations.  The total project cost for the Cooperative Data Collection Program is increased from $106,238.00 to $127,335.00.  The U.S. Geological Survey is providing $63,667.00 and Lee County’s cooperative share totals $63,668.00, requiring a $3,313.00 increase to the Lee County participation.  The U.S. Geological Survey will provide increased funding of $17,784.00.  Funding is available.

WHY ACTION IS NECESSARY:

Board approval is required for all contracts and agreements and changes thereto.

WHAT ACTION ACCOMPLISHES:

Provides funding to add side-looking acoustic Doppler profilers to Ten Mile Canal and Briarcliff Ditch providing critical data for hydrologic modeling and assessment of flood conditions.  (#20040825-Natural Resources)

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve expenditures that will exceed the County Manager’s approval level of $50,000, for Formal Quote No. Q-010509, the Annual Supply of Concrete Culvert Pipe, for the Department of Transportation to the awarded vendor, Rinker Materials Corporation (formerly CSR Hydro Conduit).  Also request Board approval to renew quote for the remaining two additional one-year renewal periods upon mutual agreement of both parties.

WHY ACTION IS NECESSARY:

All purchases that will exceed $50,000 require Board approval.

WHAT ACTION ACCOMPLISHES:

Allows the Department of Transportation to exceed $50,000 on an annual basis.  (#20040749-Transportation)

 

 

(b)

ACTION REQUESTED:

Approve Change Order No. 6 to Contract #1064, with Post Buckley Schuh & Jernigan, Inc., for CN-99-12 Sanibel Causeway Improvements Study, for a total not-to-exceed amount of $168,895.38.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Change Order No. 6 covers additional work over the next 24 months, bridge inspections, repair design, engineering and environmental support, legal support and expenses.  (#20040753-Transportation)

 

 

(c)

ACTION REQUESTED:

Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-04-06 PLANTATION EXTENSION FROM IDLEWILD STREET TO COLONIAL BLVD, in the following order of ranking, and authorize contract negotiations to commence with the number one ranked firm: (1) T.Y. Lin International; (2) Ink Engineering Inc., (3) Community Engineering Services Inc.; and (4) American Consulting Engineers of Florida.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Consultants to provide professional services for the project known as Plantation Extension from Idlewild Street to Colonial Blvd to include design, right-of-way, permitting, drainage, signing, pavement marking and signalization.  (#20040761-Transportation)

 

 

(d)

ACTION REQUESTED:

Award the Construction Manager Agreement under RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as Veterans Parkway Chiquita to Pine Island Landscape & Irrigation, to Lodge Construction Inc., for the Guaranteed Maximum Price (GMP) of $924,705.31 (includes the CM fee of $54,050.75 plus $203,142.00 owner purchases allowance for plant materials).  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:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Provides the County with a Construction Manager that will provide for the Veterans Parkway Chiquita to Pine Island Landscape & Irrigation project.  (#20040765-Transportation)

 

 

(e)

ACTION REQUESTED:

Request exemption from the Lee County Local Bidder Preference Ordinance, Lee County Ordinance No. 00-10 for the Summerlin Road Six Laning Project.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

An exemption from the Local Bidders Preference Ordinance may encourage non-local bidders to compete for this project, thereby providing a greater potential for a lower price by having more bids.  (#20040768-Transportation)

 

 

(f)

ACTION REQUESTED:

Approve Supplemental Task Authorization No. 2 to Contract 2470, in the amount of $81,703.00 to CRSPE, Inc., under CN-03-04, MISCELLANEOUS TRAFFIC ENGINEERING SERVICES–Statewide ETC Interoperability Testing and Support.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Will provide a consultant already on contract to administer and coordinate interoperability test plan and procedures of the LeeWay tags at the Orlando and Miami SunPass venues in addition to testing of SunPass tags at Lee County venue.  (#20040809-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve the award of Formal Proposal P-040211, Lime Feeders/Slakers and Accessories for Lee County Utilities, for the Department of Public Works (Utilities Division) to Chemco Systems, LP as the sole qualified vendor to provide this type of equipment. The total cost for the purchase of two units is $109,666. Also approve the optional cost of installation at a non quoted cost of $26,571and a not to exceed price of $15,000 for the electrical contractor, Gulf States,Inc. Funding will come from the individual departments budget and they will be responsible for monitoring their own expenditures.

WHY ACTION IS NECESSARY:

All purchases over $50,000 require board approval.

WHAT ACTION ACCOMPLISHES:

Allows Public Work/Utilities Division to obtain this equipment.  (#20040695-Utilities)

 

 

(b)

ACTION REQUESTED:

Approve final acceptance, by Resolution, as a donation of a gravity main extension serving Horner Millworks.  This is a Developer contributed asset project located along the east side of Technology Court approximately 300 feet south of Ben C. Pratt/Six Mile Cypress Parkway.

WHY ACTION IS NECESSARY:

To provide sanitary sewer service to this recently constructed commercial building.

WHAT ACTION ACCOMPLISHES:

Places the sanitary sewer into operation and complies with the Lee County Utilities Operations Manual.  (#20040704-Utilities)

 

 

(c)

ACTION REQUESTED: 

Rescind previous award to Regional Engineering & Service for Formal Quotation # Q-030547, Services to Repair, Replace, or Supply Utility Plant Equipment for the Utilities Division.

WHY ACTION IS NECESSARY: 

Board approval is required.

WHAT ACTION ACCOMPLISHES: 

Allows the Utilities Division to discontinue unacceptable working relationship. (#20040723-Utilities)

 

 

(d)

ACTION REQUESTED:

Approve award of Formal Quotation No.: Q-040296 ADDITIONALCHEMICALS 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). 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; 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 ratepayers: $400,000.  (#20040790-Utilities)

 

 

(e)

ACTION REQUESTED:

Award B-04-21 PINE ISLAND EFFLUENT MAIN & STRINGFELLOW ROAD FORCE MAIN, for the Utilities Division, to the low bidder meeting all bidding requirements, E. T. Mackenzie of Florida, Inc., for a total not-to-exceed amount of $712,375.00 with a final project completion time of 150 days. Also, approve budget transfer in the amount of $355,000.00 from the Reserves for Contingencies to Pine Island WWTP Reuse System and Sewer Transmission System Improvement Projects. Amend Fy03-04 CIP accordingly.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

To select a contractor who will install approximately 15,000 linear feet of 12” effluent main and approximately 3,600 linear feet of 8” force main with related appurtenances such as valves and fittings along Stringfellow Road on Pine Island.  (#20040795-Utilities)

 

 

(f)

ACTION REQUESTED:

Award B-04-18 GREEN MEADOWS CHLORINE SYSTEM IMPROVEMENTS, for the Utilities Division, to the low bidder meeting all bidding requirements, Westra Construction Corp., for a Lump Sum amount of $627,000.00 with a final project completion time of 180 days.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

To select a contractor who will Install pumps, tanks and piping for bleach & acid injection systems at existing water treatment plant.  (#20040797-Utilities)

 

11.

PARKS AND RECREATION

 

 

(a)

ACTION REQUESTED:

Approve license for use of Conservation 20/20 site at 14790 A&W Bulb Road by Taylor Woodrow Homes to conduct mitigation activities and approve Budget Amendment Resolution for $10,000.

WHY ACTION IS NECESSARY:

Board approval is necessary to allow Taylor Woodrow to access their property for mitigation via the county’s parcel.

WHAT ACTION ACCOMPLISHES:

Establishes a 12-month license between the county and Taylor Woodrow allowing the latter temporary access for the sole purpose of meeting mitigation requirements.  (#20040802-Parks and Recreation)

 

 

(b)

ACTION REQUESTED:

Approve interlocal agreement between Lee County and the City of Cape Coral for Major Park/Yellow Fever Creek Preserve land stewardship plan and master plan.

WHY ACTION IS NECESSARY:

Board approval is necessary for Lee County Parks and Recreation to collaborate and cost share with the City of Cape Coral Parks and Recreation on the development of a land stewardship plan and master site plan for public use facilities on the park-preserve complex known as Major Park/Yellow Fever Creek Preserve.

WHAT ACTION ACCOMPLISHES:

The result of the agreement will be a land stewardship plan and master site plan for public use facilities on the park-preserve complex known as Major Park/Yellow Fever Creek Preserve.  (#20040803-Parks and Recreation)

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Approve Funding Agreement for Legal Aid between Lee County and the Legal Aid Society, Inc. for County funding of legal aid in the amount of $66,000.00 for the period of July 1, 2004 through September 30, 2004.  Authorize Chairman’s signature on the Funding Agreement.

WHY ACTION IS NECESSARY:

Board of County Commissioners’ approval is required to finalize the agreement with the Legal Aid Society, Inc.

WHAT ACTION ACCOMPLISHES:

Finalizes the Funding Agreement with the Legal Aid Society, Inc. for legal services to the indigent residents of Lee County in family law matters.  (#20040741-County Attorney)

 

 

(b)

ACTION REQUESTED:

Approve a request for a license to allow the temporary placement of a carport in a portion of a public utility easement and drainage easement and authorize the Chairman to execute the license.

WHY ACTION IS NECESSARY:

Board approval is necessary to authorize the license.

WHAT ACTION ACCOMPLISHES:

Authorizes a license to allow the temporary placement of a carport in a portion of a public utility easement and drainage easement.  (#20040801-County Attorney)

 

 

(c)

ACTION REQUESTED:

Approve request for reconveyance of unused Drainage Easement, approve Agreement to Relocate Existing Drainage and accept replacement drainage easements at 8269 and 8281 Cypress Drive South, Fort Myers, Florida.

WHY ACTION IS NECESSARY:

Board approval is required to reconvey unused interests in County real estate and to accept new or replacement real estate interests conveyed to the County.

WHAT ACTION ACCOMPLISHES:

Releases an unused easement and authorizes the relocation of existing drainage.  (#20040805-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).  (#20040819-Clerk of Courts)

 

 

(b)

ACTION REQUESTED:

Present financial report for information purposes.

WHY ACTION IS NECESSARY:

To provide interim reporting on selected funds and revenues of the Lee County Board of County Commissioners.  Included in the report in compliance with Chapter 218.415 Florida Statutes, 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.  (#20040820-Clerk of Courts)

 

 

(c)

ACTION REQUESTED:

Authorize Chairman to execute Bulletproof Vest Partnership grant.  Approve Bureau of Justice Assistance grant award in the amount of $5,535.39.  The necessary match of $5,535.39 will be funded from the Lee County Sheriff’s Office asset forfeiture funds.

WHY ACTION IS NECESSARY:

Federal regulations controlling this grant require the approval of the Board of County Commissioners.

WHAT ACTION ACCOMPLISHES:

Allows Lee County Sheriff’s Office to purchase bulletproof vests with grant monies.  (#20040784-Sheriff)

 

  

ADMINISTRATIVE AGENDA

June 29, 2004

  

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

Award Construction Management Agreement under RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as Lee County Elections Center Warehouse Renovations, Phase I, to Gary Wilkes, Inc. (Contract # 1740) for the Guaranteed Maximum Price (GMP) of $347,573.00 (includes CM fee of $27,411.00).  Approve Budget Resolution in the amount of $250,000 for renovations to be funded by the landlord.  Also approve Budget Transfer from Capital Improvement Fund reserves in the amount of $108,000 and amend FY03/04-07/08 CIP for the Supervisor of Elections Warehouse Renovations Project by $358,000.  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 supplier of equipment and/or materials as a cost/time saving measure.  This project is to reach final completion in 243 calendar days.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides the County with a Construction Manager for the renovation of the Elections Center Warehouse including, but not limited to, HVAC, plumbing, electrical, alarm, fire protection, carpentry, and painting.  (#20040687-Construction and Design)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve Bid Waiver # W-040504 to waive the formal quoting procedure and allow County Administration on behalf of ITG to purchase additional Kwiktag digital filing software from ImageTag, Inc., at the negotiated price of $49,000.  A bid waiver has been requested to ensure compatibility with existing Kwiktag software and to maintain the timeline for conversion to this software on a County-wide basis.

WHY ACTION IS NECESSARY:

Purchases exceeding $50,000 require Board approval.  (This purchase will bring the total expenditure for Kwiktag software this fiscal year to approximately $99,000.)

WHAT ACTION ACCOMPLISHES:

Provides all County departments and divisions with an efficient way to retrieve stored documents.  Savings to taxpayers via negotiation: $121,892 ($170,892-$49,000=$121,892).  (#20040783-ITG)

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Approve Waiver # W-040502 to waive formal quotation procedure, due to sole source, for the Division of Public Safety (EMS), for the purchase of defibrillator accessories and supplies on an ongoing basis from Zoll Medical Corporation. Estimated annual expenditures for these materials will be approximately $85,000. Funding will come from the individual departments budget and they will be responsible for monitoring their own expenditures.

WHY ACTION IS NECESSARY:

All expenditures over $50,000 must be board approved.

WHAT ACTION ACCOMPLISHES:

Allows the Division of Public Safety (EMS) to acquire these materials.  (#20040775-EMS)

 

 

(b)

ACTION REQUESTED:

Approve Bid Waiver # W-040522 to waive the formal quoting procedure and allow Public Safety to purchase additional EMS software and hardware from HealthWare Solutions at a total price of $67,205.10.  A bid waiver has been requested to ensure compatibility with existing HealthWare Solutions software and to maintain the timeline for expansion of this software on an EMS-wide basis.  Also approve the expenditure of a not-to-exceed amount of $20,000 to cover training, specialized printers, and any additional minor software patches that may be required.

WHY ACTION IS NECESSARY:

Purchases exceeding $50,000 require Board approval.

WHAT ACTION ACCOMPLISHES:

Provides Public Safety–EMS with an efficient way to enter and retrieve ambulance billing information.  (#20040823-EMS)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Waive formal procurement procedures and approve and authorize the Chairman to sign a Memorandum of Understanding ("MOU") between Lee County and Covanta Energy, Inc, the current operator of the County Waste to Energy facility, that outlines services, costs, and responsibilities of the Parties for Engineering Oversight, Construction Management and Start-Up of the Waste to Energy Third Unit Expansion Project.

WHY ACTION IS NECESSARY:

Purchases /contracts greater than $50,000 require Board approval.

WHAT ACTION ACCOMPLISHES:

Establishes an interim written understanding of the roles, costs, and responsibilities for the County and Covanta Energy, Inc. for the design and construction and of the Waste to Energy Expansion Project (third unit).  This MOU will be replaced with a definitive agreement within the next.  (#20040814-Solid Waste)

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

 

(a)

ACTION REQUESTED:

Approve waiving the formal bid process for BW-04-06 to the sole source contractor, John C Brown & Sons, Inc., for expenditures in the amount of  $108,790.00 for the exotic plant removal at the Caloosahatchee Creeks Preserve.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides the Parks & Recreation Department with a contractor for the exotic clearing by use of the brontosaurus equipment at the Caloosahatchee Creeks Preserve.  (#20040767-Parks and Recreation)

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Approve the Resolution of Necessity for the acquisition and condemnation of parcels required for the Summerlin Road Six-Laning (Cypress Lake Drive to Boy Scout Drive), Project No. 6007.

WHY ACTION IS NECESSARY:

The Board must formally approve the Resolution of Necessity prior to proceeding with condemnation of parcels necessary for the project.

WHAT ACTION ACCOMPLISHES:

Allows the County to proceed with condemnation, if necessary, so parcels can be acquired for the Summerlin Road Six-Laning (Cypress Lake Drive to Boy Scout Drive), Project No. 6007.  (#20040565-County Attorney)

 

 

(b)

ACTION REQUESTED:

Provide direction to County Attorney regarding disbursal of the balance of school impact fees collected to the School Board.

WHY ACTION IS NECESSARY:

Based on the Court’s partial final judgment ruling in favor of the County and the School Board, it is appropriate to consider the disbursement of the funds held in escrow by the County.

WHAT ACTION ACCOMPLISHES:

Disbursement of cash retained by County will help the School Board use the funds collected to address the critical need for new school facilities.  (#20040800-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

WALK ON AGENDA ITEMS
June 29, 2004
(#1)

Walk On

 

ACTION REQUESTED:
Authorize Chairman to grant the Sheriff of Lee County permission to accept and expend funds received from the State Criminal Alien Assistance Program (SCAAP) upon disbursement as outlined in the background information.  Authorize expenditure of the funds in accordance with funding request outlined in the background information.

WHY ACTION IS NECESSARY:
Federal regulations controlling this grant require the approval of the Board of County Commissioners.

WHAT ACTION ACCOMPLISHES:
Allows Lee County Sheriff’s Office permission to purchase the following: mattresses and bunks for detention facilities, Data Sharing Consortium connectivity, mental health training for deputies, and JBI technical assistance fees.  (#20040840-Sheriff)
REASON FOR WALK ON:
Required to accept funds within 45 days.

 

 

(#2)

Walk On

 

 

ACTION REQUESTED:
Approve and sign the grant award from the Department of Juvenile Justice in the amount of $57,194 for the Neighborhood Accountability Boards. Approve a budget amendment resolution in the amount of $57,194.  Establish a full-time grant funded Human Services Coordinator in the Department of Human Services to assist with the administration of the Neighborhood Accountability Board.
WHY ACTION IS NECESSARY:
To accept grant funding from the Department of Juvenile Justice.  Due to the volume of referrals and the number of neighborhoods and other communities we are serving, existing staff needs assistance with the Neighborhood Accountability Board conferencing.
WHAT ACTION ACCOMPLISHES:
Continues the Neighborhood Accountability Boards to address first time juvenile offenders, victims, and the victimization of the neighborhoods.  Allows Human Services to hire a full-time grant funded position.  (#20040844-Human Services)
REASON FOR WALK ON:
Required to accept funds from grant.

 

 

(#3)

Walk On

 

 

ACTION REQUESTED:
Discuss the proposed acquisition of the TOPPS building for the purpose of relocating the Pondella Road and Michigan Avenue offices of the Lee County Health Department.
WHY ACTION IS NECESSARY:
Requested by the Board
WHAT ACTION ACCOMPLISHES:
Determination of the future location of health services for Lee County. (#20040843-Constructin & Design)
REASON FOR WALK ON:
Board directed.

 

 

(#4)

Walk On

 

 

ACTION REQUESTED:
Name Interim County Attorney
WHY ACTION IS NECESSARY:
County Attorney, James G. Yaeger, is retiring effective June 30, 2004
WHAT ACTION ACCOMPLISHES:
Fills on an interim basis the position of County Attorney. (#20040853-County Attorney)
REASON FOR WALK ON:
Board directed.