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

 

Robert W. Gray,

Deputy County Attorney

 

 

August 31, 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 Charles A. Chapman

St. Paul Missionary Baptist Church

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

 

 

·         

Childhood Cancer and Blood Disorder Awareness Month Resolution

 

 

(Commissioner Judah-#20041084)

 

 

 

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

August 31, 2004

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Approve lease with Uccello Immobilien GMBH for 8,404 square feet of space at the University Park Building, 12800 University Park Drive in Ft. Myers, Florida.  This space will be occupied by the Economic Development Office.  Lease is all inclusive of utilities and services except for telephone and data.  Base lease cost will be $14.00 per square foot and CAM charges of $8.10 per square foot for a total annual charge of $185,728.40.  Lease is for five years with the option to renew for one additional five year term.  Lease cost will increase annually by 3% during the initial and renewal terms.  Lease can be terminated after the 24th month of the initial five year term.  Landlord will contribute $35,200.00 towards renovation costs as long as those renovations are permanently attached to the structure.

WHY ACTION IS NECESSARY:

Board must approve all lease agreements

WHAT ACTION ACCOMPLISHES:

Allows Economic Development to function in a more centrally located proximity to the areas that they service through their programs. They will now have more parking for their patrons as well as more office space for their growing staff needs.  Also allows them to be located in the same building as VCB, who they partner with for some functions.  (#20041081-Economic Development)

 

 

(b)

ACTION REQUESTED:

Approve lease with Uccello Immobilien GMBH for 11,428 square feet of space at the University Park Building, 12800 University Park Drive in Ft. Myers, Florida.  This space will be occupied by the Visitor and Convention Bureau.  Lease is all inclusive of utilities and services except for telephone and data.  Base lease cost will be $14.00 per square foot and CAM charges of $8.10 per square foot for a total annual charge of $252,558.80.  Lease is for five years with the option to renew for one additional five year term.  Lease cost will increase annually by 3% during the initial and renewal terms.  Lease can be terminated after the 24th month of the initial five year term.  Landlord will contribute $48,838.00 towards renovation costs as long as those renovations are permanently attached to the structure.

WHY ACTION IS NECESSARY:

Board must approve all lease agreements

WHAT ACTION ACCOMPLISHES:

Allows VCB to function in a more centrally located proximity to the areas that they service through their programs. They will now have more parking for their patrons as well as more office space for their growing staff needs.  Also allows VCB to be in the same building as Economic Development who they partner with for some functions.  (#20041082-VCB)

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Award Professional Services Agreement for CN-04-03 MSBU MASTER CONTRACT, to JRI Engineering, Inc., for a two (2) year period with the option of renewal for one (1) additional 12-month period for compensation as set forth in Exhibit B of the Agreements.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

The Consultant will provide any and all consulting services for MSBU (Municipal Service Benefit Unit) Master Contract.  (#20041050-MSTBU Services)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Approve award of Project # PB040605, the purchase of one new International Model 4300 cab and chassis with Peterson Model TL3 loader for Solid Waste from Sunstate International Trucks at the Florida Sheriffs Association/open market price of $87,413.44.

WHY ACTION IS NECESSARY:

Expenditures exceeding $50,000 require Board approval.

WHAT ACTION ACCOMPLISHES:

Provides Solid Waste with a second clam bucket truck to clean up the right-of-ways in Lee County.  This truck will haul materials to and from various different job sites, the incinerator, and different landfills.  (#20040984-Solid Waste)

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve construction of water and gravity main extensions serving Solera at HealthPark.  This is a Developer contributed asset project located at the west end of Health Park Circle North.

WHY ACTION IS NECESSARY:

To provide potable water, fire protection and sanitary sewer service to this proposed 473-unit multi-family development.

WHAT ACTION ACCOMPLISHES:

Complies with the Lee County Utilities line extension policy and provides adequate utility infrastructure to support development of the subject property.  (#20040999-Utilities)

 

 

(b)

ACTION REQUESTED:

Approve final acceptance, by Resolution, as a donation of one (1) 4” diameter fire line serving Central Metropolitan Commerce Center, Lot 10.  This is a Developer Contributed asset project located at the corner of Metropolis Avenue and Endeavor Lane.

WHY ACTION IS NECESSARY:

To provide potable fire protection to the recently constructed commercial building.

WHAT ACTION ACCOMPLISHES:

Places the fire line into operation and complies with the Lee County Utilities Operations Manual.  (#20041000-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).  (#20041070-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.  (#20041071-Clerk of Courts)

 

 

(c)

ACTION REQUESTED:

Approve payment of delinquent tax overbid claim-Drain.

WHY ACTION IS NECESSARY:

Pursuant to Florida Statute 197.  Lee County is holding overbid funds from delinquent tax sales.

WHAT ACTION ACCOMPLISHES:

The Clerk has received a claim for these funds and requests that you release them.  (#20041072-Clerk of Courts)

 

 

(d)

ACTION REQUESTED:

Approve payment of delinquent tax overbid claim-Miller.

WHY ACTION IS NECESSARY:

Pursuant to Florida Statute 197.  Lee County is holding overbid funds from delinquent tax sales.

WHAT ACTION ACCOMPLISHES:

The Clerk has received a claim for these funds and requests that you release them.  (#20041073-Clerk of Courts)

 

 

ADMINISTRATIVE AGENDA

August 31, 2004

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Approve interlocal agreement between Lee County and the City of Sanibel for the granting of funds for the Old Schoolhouse Renovation.  Authorize the Chairman’s signature on the interlocal agreement.  Approve budget amendment resolution and transfer in the amount of $75,000 each for FY 2003-04, approve budget request of $75,000 to be included in the FY 2004-05 budget and amend the CIP accordingly.  Transfer is from TDC debt service fund reserves.

WHY ACTION IS NECESSARY:

The Board of County Commissioners’ approval is required on all interlocal agreements, as well as budget amendment resolutions and transfers.

WHAT ACTION ACCOMPLISHES:

Finalizes the Interlocal Agreement with the City of Sanibel and allocates funds accordingly.  (#20041048-VCB)

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve the proposed pay plan for fiscal year 2004-2005, effective October 14th, 2004.  Funding has been provided in the new budget.  Provide a 3.3% Cost of Living Adjustment to eligible employees – within their prospective pay ranges – based on the Consumer Price Index.

WHY ACTION IS NECESSARY:

To maintain competitive pay grades and salary ranges consistent with good compensation practices compared to the change in the Consumer Price Index (CPI) from July 1ST of 2003 through June 30TH of 2004 as well as the 2004 Lee County Annual Salary Survey.

WHAT ACTION ACCOMPLISHES:

Maintains ability to attract retain and motivate employees.  (#20041061-Human Resources)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Approve proposed changes to the Fiscal Year 2004-2005 County Attorney’s Office Pay Plan effective October 14, 2004 which provides 3.3% Cost of Living Adjustment to eligible employees within their prospective pay ranges based on the Consumer Price Index and to remain consistent with County Administration 2004-2005 Pay Plan.  Funding is subject to budget process and appropriation.

WHY ACTION IS NECESSARY:

For the County Attorney’s Office Pay Plan to include the 3.3% CPI increase (or such other CPI increase the Board approves for county employees) to the minimum/maximum salary ranges for attorneys and support staff positions, and adopts updated office salary ranges.

WHAT ACTION ACCOMPLISHES:

Updates the County Attorney’s Office Pay Plan with new minimum/maximum salary ranges for attorneys and support staff positions consistent with the Pay Plan submitted by County Administration.  (#20041064-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

 

 WALK ON AGENDA ITEMS
August 31, 2004

 

Walk On

 

ACTION REQUESTED:
Approve third extension of Declaration of State of Local Emergency originally declared on August 11, 2004, and extended for an additional seven (7) days on both August 17, 2004 and August 24, 2004, relating to Hurricane Charley.  This extension will be in effect from August 31, 2004 until September 7, 2004.
(#20041124-County Attorney)

WHY ACTION IS NECESSARY:
State of Local Emergencies are only effective for seven (7) days and must be extended in seven (7) day increments until rescinded.

WHAT ACTION ACCOMPLISHES:
Allows the County to waive the procedures and formalities otherwise required, in order to take whatever actions are necessary to ensure the health, safety and welfare of the County. (#20041124-County Attorney)
REASON FOR WALK ON:
To continue legislative actions taken by the BOCC concerning Hurricane Charley.

 

(#2)

Walk On

 

 

ACTION REQUESTED:
Approve and authorize the Chairman to sign a disposal agreement with Waste Management of  Florida, Inc. for the disposal of construction/demolition debris resulting from hurricane Charley.  (#20041132-Solid Waste)
WHY ACTION IS NECESSARY:
Value of Agreement will exceed $50,000.
WHAT ACTION ACCOMPLISHES:
Provides a disposal site for construction debris.  Also provides an alternative for Class I material at Class I disposal facilities owned by WMI.  (20041132-Solid Waste)
REASON FOR WALK ON:
Time critical for clean-up operations related to Hurricane Charley.

 

 

(#3)

Walk On

 

 

ACTION REQUESTED:
Approve Change Order No. 1 to Contract 1848, with Crowder/Gulf, Joint Venture, for RFP-01-03, DISASTER RECOVERY SERVICES, for the amounts as follows: Debris Collection $14.00 per cubic yard; Grinding Material at Staging Area $8.00 per cubic yard; Spreading mulch on roadways $4.00 per cubic yard; Air Curtain Incinerator set up/operation and Ash Disposal $7.00 per cubic yard; Extreme southern Upper Captiva debris collection, burning, at staging area using Air Curtain Incinerator at $30.00 per cubic yard, and alternate staging area “controlled” open burn at $18.00 per cubic yard.  Also, authorize Chairman to execute Change Order upon receipt.  (#20041135-Solid Waste)

WHY ACTION IS NECESSARY:
Board approval required.
WHAT ACTION ACCOMPLISHES:
Increases contract to provide for labor, material and equipment necessary to establish and conduct horticulture storm debris removal and/or disposal operations on Upper Captiva.  (#20041135-Solid Waste)
REASON FOR WALK ON:
Time critical for clean-up operations related to Hurricane Charley.

 

 


CARRYOVER AGENDA ITEMS
August 31, 2004

 

CarryOver

 

ACTION REQUESTED:

Present Timothy Rudzitis Appreciation Resolution.  (#20041042-County Commission)

REASON FOR CARRYOVER:
Directed at the 08-24-04 BOCC meeting.