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

September 28, 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 Sullivan

Blessed Pope John XXIII Catholic Church

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

 

 

·         

105th Anniversary of VFW Resolution

 

 

(Commissioner Coy-#20041214)

 

 

 

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

 

 

9:30 AM

Public Hearing

 

ACTION REQUESTED: Adopt and enact an ordinance known as the Copper Oaks Community Development District Ordinance.

WHY ACTION IS NECESSARY: An ordinance adopted by the BOCC is the exclusive means to establish a Uniform Community Development District (UCDD) of less than 1,000 acres in size.

WHAT ACTION ACCOMPLISHES: Creates an independent special district that provides an alternative method to manage and finance basic services for community development.  (#20041165-County Attorney)

 

 

 

Walk-ons and Carry-overs

 

 

 

Commissioners' Items/Committee Appointments

 

 

 

County Manager Items

 

 

 

County Attorney Items

 

 

 

Adjourn

CONSENT AGENDA

September 28, 2004

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Approve award of proposal, Aircraft Hull & Liability Insurance on the EMS helicopters, with NationAir Insurance Agency Inc.  The not-to-exceed one year cost for this insurance is $ 300,000 and the coverage would be effective from 10/1/2004 – 9/30/2005.

WHY ACTION IS NECESSARY:

To provide continuous insurance coverage on the EMS helicopters for physical damage and liability, via Aircraft Hull & Liability Insurance.

WHAT ACTION ACCOMPLISHES:

The EMS helicopters will have Aircraft Hull & Liability Insurance  (#20041196-Risk Management)

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

Approve Budget Amendment Resolution in the amount of $300,000 for the Lee County Clerk’s contribution to renovate the 5th floor of the Administration Building and amend FY 03/04–07/08 CIP accordingly.

WHY ACTION IS NECESSARY:

Board approval is required for revisions to CIP.

WHAT ACTION ACCOMPLISHES:

The transfer of funds from the Clerk will enable the 5th floor of the Administration Building to be renovated and provide work areas for ten additional IT staff.  (#20040739-Construction and Design)

 

 

(b)

ACTION REQUESTED:

Accept termination letter from SunTrust Bank, dated May 4, 2004, terminating all current leases between Lee County and SunTrust Bank for the property located at 2000 Main Street, Ft. Myers, Florida.  Approve new lease with SunTrust Bank for 6,242 square feet of space on the first floor of the now county owned facility, known as the Justice Center Annex, located at 2000 Main Street, Ft. Myers, Florida.  SunTrust Bank will lease this space at a rate of $16.72 per square foot and a Common Area Maintenance charge of $7.13 per square foot.  The base rental rate will increase annually at a rate of 3% and the annual CAM charges will be based on a percentage of the total annual operating charges for that facility.  Lease term will be for five years beginning October 1, 2004, to and including September 30, 2009 and can be renewed for two additional five year periods.

WHY ACTION IS NECESSARY:

Board must approve all lease agreements.

WHAT ACTION ACCOMPLISHES:

Allows SunTrust to terminate all former leases for the facility located at 2000 Main Street, which includes Lee County’s sublease with SunTrust for 23,160 square feet of space, and allows Lee County to enter into a new lease with SunTrust for the first floor space.  (#20041034-Facilities Management)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Accept a Petition to Vacate a 10-foot wide Public Utility Easement at 3331 Martina Court, North Fort Myers, Florida 33917, located off of Carefree Boulevard, and North Tamiami Trail, and adopt a resolution, setting a Public Hearing for 5:00 PM on the 26th day of October 2004.  (Case No. VAC2004-00047)

WHY ACTION IS NECESSARY:

To build a manufactured home on the 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.  (S15-T34S-R24E)  (#5)  (#20041184-Development Services)

 

5.

HUMAN SERVICES

 

 

(a)

ACTION REQUESTED:

(1) Approve FY2005 contracts for the Partnering for Results program as adopted at the final public hearing on September 22, 2004 and authorize the Chairman to sign the contracts once completed by the community agencies. (2) Authorize Human Services to negotiate adjustments in unit rates and/or units purchased (3) Approve FY2005 contract for United Way of Lee County in the amount of $38,000 for Information and Referral Services and authorize the Chairman to sign the contract once completed by the United Way of Lee County.

WHY ACTION IS NECESSARY:

To legally execute Partnering for Results contracts for thirty-two (32) proposals and the United Way of Lee County.

WHAT ACTION ACCOMPLISHES:

Provides County funding for social service programs at a fixed unit rate.  (#20041179-Human Services)

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve Project # PB040670, the utilization (piggyback) of the Western States Contracting Alliance’s (WSCA) agreement, which has gone through their competitive negotiation process, for the annual purchase of Dell personal computers, servers, and related peripherals for use County-wide from Dell Marketing LP; and authorize the Board Chairman on behalf of the BOCC to execute and sign the accompanying contracts.  The County presently expends approximately $1.5 million dollars annually for Dell hardware.  Contract pricing represents a 10% discount off of the Dell retail price list (vs. 6.58% achieved on the Florida State Contract).  Authority is requested to expend the funds necessary to purchase this equipment on an as-needed basis using this agreement through its full term (through August 31, 2007 – with the option to renew for two additional one year terms which, if exercised, would extend the contract through August 31, 2009).

WHY ACTION IS NECESSARY:

Purchases over $50,000 must be approved by the Board.

WHAT ACTION ACCOMPLISHES:

Allows Lee County departments and divisions to obtain Dell hardware in a cost effective, efficient, and timely manner.  Savings to taxpayers:  Approximately $55,000 annually (WSCA vs. State Contract).  (#20041160-ITG)

 

 

(b)

ACTION REQUESTED:

Approve implementing a wireless infrastructure, which will allow Lee County to deploy secure wireless access to the Lee County network.

WHY ACTION IS NECESSARY:

Board approval required for the expenditure of approximately $143,000 which is in excess of the $50,000 limit.

WHAT ACTION ACCOMPLISHES:

The wireless infrastructure encompasses software and hardware that will authenticate users and equipment and allow secure access to the Lee County network.  (#20041198-ITG)

 

 

(c)

ACTION REQUESTED:

Authorize: 1) approval of Purchase Agreement for acquisition of Parcel 117, Bonita Beach Road Widening, Project No. 4044 in the amount of $173,300.00; 2) Chairman, on behalf of the Board, to sign the Purchase Agreement; 3) payment of costs and fees to close; and 4) Division of County Lands to handle and accept all documentation necessary to complete this transaction.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Settles pending Eminent Domain proceedings and allows the County to proceed with project.  (#20041206-County Lands)

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Approve the automatic renewal of Contract No. 1923 and approve the new Service Agreement with Motorola Inc. for the 800 MHZ Trunked Radio System, in the amount of $681,590.40 for a period of one (1) year, effective October 1, 2004 - September 30, 2005.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides the Public Safety Division continued maintenance services for the 800 MHZ Trunked Radio System.  (#20041168-Communications)

 

 

(b)

ACTION REQUESTED:

Approve the automatic renewal of the Agreement for Support Services, Maintenance Agreement, Contract No. 1622 with Printrak International Inc. for the Public Safety Computer Aided Dispatch (CAD) Records Management System, in the amount of $137,221.00 for a period of one (1) year, effective October 1, 2004 - September 30, 2005.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides the Public Safety Division continued maintenance services for the computer aided dispatch (CAD) Records Management System.  (#20041183-Communications)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Approve award of the following projects: #PB040693, the purchase of four (4) new International cab and chassis trucks, from Sun State International Trucks, LLC, at the Florida Sheriffs Association, Florida Association of Counties & Florida Fire Chiefs’ Association Bid Award Announcement base price of $59,734.12 each, minus the base difference for the single axle in the amount of $4,439.94 each, with $8,540.58 each in non-contract options, for a grand total of $63,834.78 each and one (1) new International cab and chassis truck, from Sun State International Trucks, LLC, at the Florida Sheriffs Association, Florida Association of Counties & Florida Fire Chiefs’ Association Bid Award Announcement base price of $59,734.12, with $16,506.00 in non-contract options, for a grand total of $76,240.12. (NOTE:  The Division will bring a blue sheet for Board approval at a later date for personnel requirement.)  Approve transfer of reserves in the amount of $331,579.

WHY ACTION IS NECESSARY:

Section 11.0.23.1 of the Lee county Purchasing and Payment Procedures Manual exempts “the purchase of equipment that has gone through the Administrative code Procedure, such as State contracts or Federal General Services Administration Schedules, providing the purchase, rental, or lease amount does not exceed $50,000.00.  As this expenditure will exceed $50,000.00, Board approval is required. Board approval is required for transfers of reserves.

WHAT ACTION ACCOMPLISHES:

The new equipment will provide Lee County Solid Waste Division the ability to transport ash residue from the Waste To Energy facility to the Lee-Hendry landfill.  (#20041212-Solid Waste)

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of one 10” diameter master meter assembly and a force main connection serving Three Oaks Village a/k/a Coastal Village.  This is a developer contributed asset project located on the east side of Three Oaks Parkway approximately 1,500’ north of Estero Parkway in Estero.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection, and sanitary sewer service to the recently constructed multi-family residential project.

WHAT ACTION ACCOMPLISHES:

Places the water and wastewater facilities into operation and complies with the Lee County Utilities Operations Manual.  (#20041149-Utilities)

 

 

(b)

ACTION REQUESTED:

Approve final acceptance, by Resolution as a donation for a water main and gravity main extension serving International Center, Tract ‘B’, Phase 2.   This is a Developer contributed asset project located on International Drive approximately 1,200’ south of Daniel’s Parkway.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to this phase of the recently constructed Commercial/Light Industrial subdivision.

WHAT ACTION ACCOMPLISHES:

Places the water system and gravity main into operation and complies with the Lee County Utilities Operations Manual.  (#20041150-Utilities)

 

 

(c)

ACTION REQUESTED:

Approve final acceptance by Resolution as a donation of water distribution and gravity collection systems, lift station and force main serving Belle Lago, Phases 1A & 1C.  This is a developer contributed asset project located on the north side of Estero Parkway, approximately 2/3 mile east of S. Tamiami Trail in Estero.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to these phases of the recently constructed residential development.

WHAT ACTION ACCOMPLISHES:

Places the water and sewer systems into operation and complies with the Lee County Utilities Operations Manual.  (#20041151-Utilities)

 

 

(d)

ACTION REQUESTED:

Approve final acceptance, by Resolution, as a donation of one fire hydrant, one (1) potable water service and one (1) sanitary sewer service serving Rodriguez Family Clinic.   This is a Developer Contributed asset project located on the northwest corner of Palm Beach Blvd and Alameda Ave.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to the recently constructed medical office building.

WHAT ACTION ACCOMPLISHES:

Places the fire hydrant into operation and complies with the Lee County Utilities Operations Manual.  (#20041152-Utilities)

 

 

(e)

ACTION REQUESTED:

Change Meter Reader Position #02154 from part-time to full-time.

WHY ACTION IS NECESSARY:

Board approval is required to change positions from part-time to full-time.

WHAT ACTION ACCOMPLISHES:

This will allow the Customer Service billing system to continue to bill based on actual meter readings instead of having to estimate meter readings so that billing is not delayed.  (#20041153-Utilities)

 

 

(f)

ACTION REQUESTED:

Approve construction of a water main and gravity main extension serving Porto Romano at Miromar Lakes.  This is a Developer contributed asset and the project is located along the west side of Ben Hill Griffin Parkway approximately 1-1/2 miles north of Corkscrew Road.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to this proposed 55-lot single-family subdivision.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20041163-Utilities)

 

 

(g)

ACTION REQUESTED:

Approve final acceptance, by Resolution, as a donation for one (1) 4” diameter fire line and one (1) potable water service serving Tice Fire Station.  This is a Developer contributed asset project located at the northeast corner of Tice Street and Lexington Ave.

WHY ACTION IS NECESSARY:

To provide potable water service and fire protection this newly constructed Fire Station.

WHAT ACTION ACCOMPLISHES:

Places the fire line into operation and complies with the Lee County Utilities Operations Manual.  (#20041167-Utilities)

 

 

(h)

ACTION REQUESTED:

Approve construction of a water main and gravity main extensions serving Cascades at Estero Parcel D-2.  This is a Developer contributed asset project located on the south side of Estero Parkway approximately 1 mile east of US 41 south.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to this phase of the proposed single-family residential development.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20041169-Utilities)

 

 

(i)

ACTION REQUESTED:

Approve construction of a water main and gravity main extensions serving Cascades at Estero, Parcel G.  This is a Developer-contributed asset project located on the south side of Estero Parkway approximately 1 mile east of US 41 south.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to this phase of the proposed single-family residential development.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20041170-Utilities)

 

 

(j)

ACTION REQUESTED:

Approve annual expenditure for CN-03-10 LEE COUNTY UTILITIES WATER AND SEWER ENGINEER OF RECORD, to Malcolm Pirnie Inc., contract #2602, for an annual not-to-exceed amount of $126,500.00 for the remainder of the contract, for a period of one (1) year with an option to renew for one (1) additional year by mutual agreement between both parties. Also to authorize replacement of Exhibit B dated September 17, 2003.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

To correct the original agreement and make it an annual expenditure.  (#20041207-Utilities)

 

11.

PARKS AND RECREATION

 

 

(a)

ACTION REQUESTED:

Approve Project # PB040678, for the Parks and Recreation Department, for the utilization (piggyback) of Collier County Proposal # RFP 01-3236, which has gone through their competitive bidding process, for Fitness Equipment and was awarded to Berry’s Barbells and Equipment Inc., for the prices as listed on their proposal.  The initial quote term was for three years from 7/31/01 to 7/30/04, and was renewed for an additional one-year period through 7/30/05.  Also request permission to continue this piggyback if Collier County renews the contract again.  For general information, the Parks and Recreation Department estimates spending no more than $300,000 for fitness equipment over the next two years.

WHY ACTION IS NECESSARY:

Board approval is required because this expenditure will exceed $50,000.

WHAT ACTION ACCOMPLISHES:

Allows the Parks and Recreation Department to purchase fitness equipment in a cost effective, efficient, and timely manner.  (#20041191-Parks and Recreation)

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Request permission to advertise for and conduct a public hearing on October 26, 2004, at 5:00 p.m., to consider and adopt an Ordinance amending Lee County Ordinance No. 88-13, relating to the Enhanced 9-1-1 Emergency Response System.

WHY ACTION IS NECESSARY:

A public hearing is necessary for the Board of County Commissioners to amend County Ordinances.

WHAT ACTION ACCOMPLISHES:

Insures consistent street-naming and sequential building numbers.  (#20040693-County Attorney)

 

 

(b)

ACTION REQUESTED:

Approve the Funding Agreement for Legal Aid between Lee County and the Florida Rural Legal Services, Inc. for County funding of legal aid in the amount of $27,000.00, nunc pro tunc, 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 Florida Rural Legal Services, Inc.

WHAT ACTION ACCOMPLISHES:

Finalizes the Funding Agreement with the Florida Rural Legal Services, Inc. for legal services to the indigent residents of Lee County in housing, immigration, and farm worker employment issues.  (#20041185-County Attorney)

 

 

(c)

ACTION REQUESTED:

Request permission to advertise for and conduct a public hearing on October 26, 2004, at 5:00 p.m., to consider and adopt an Ordinance establishing the procedures for the charging and collecting of fees by the District 21 Medical Examiner for providing examinations and investigations relating to cremation, dissection, and burial at sea in Lee County.

WHY ACTION IS NECESSARY:

A public hearing is necessary for the Board of County Commissioners to adopt County Ordinances.

WHAT ACTION ACCOMPLISHES:

Allows the County to collect cremation fees which will defer the cost of the Medical Examiner.  (#20041192-County Attorney)

 

 

(d)

ACTION REQUESTED:

Approve Tower Lease Agreement between Lee County and Sprint Spectrum L.P., a Delaware Limited Partnership, d/b/a Sprint, allowing use of the Menocal Avenue Water Tower by Sprint.

WHY ACTION IS NECESSARY:

The Board of County Commissioners must approve Lease Agreements.

WHAT ACTION ACCOMPLISHES:

Allows Sprint to lease space on the Menocal Avenue Fort Myers Water Tower.  (#20041203-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).  (#20041200-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.  (#20041201-Clerk of Courts)

 

 

(c)

ACTION REQUESTED:

Approve payment of delinquent tax overbid claim-Labrasca, Jr.

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.  (#20041193-Clerk of Courts)

 

 

(d)

ACTION REQUESTED:

Approve payment of delinquent tax overbid claim-Lustenberger.

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.  (#20041194-Clerk of Courts)

 

 

(e)

ACTION REQUESTED:

Approve payment of delinquent tax overbid claim-McCarter, Jr.

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.  (#20041195-Clerk of Courts)

 

ADMINISTRATIVE AGENDA

September 28, 2004

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Authorize the Chairman or Vice Chairman to sign a resolution for the authorization, Execution and delivery of a Bond Purchase Agreement that meets certain specific criteria in connection with the Five Cent Local Option Gas Tax Refunding Revenue Bonds, Series 2004.  Authorize other approvals as necessary contained in this resolution.

WHY ACTION IS NECESSARY:

Allows greater flexibility in marketing the Five Cent Local Option Gas Tax Refunding Revenue Bonds, Series 2004.

WHAT ACTION ACCOMPLISHES:

Allows the Bond Purchase Agreement to be signed (if the bonds are sold) without reconvening the Board of County Commissioners.  (#20041180-Budget Services)

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Direct proposed Board of County Commission sponsored amendments to the Lee County Comprehensive Plan, the Lee Plan, for the 2004/2005 amendment cycle.

WHY ACTION IS NECESSARY:

In accordance with Administrative Code 13-6, an affirmative vote of three or more Commissioners is required to authorize Board of County Commission initiated Lee Plan amendments.

WHAT ACTION ACCOMPLISHES:

Authorize staff to begin their analysis and prepare staff reports for Board of County Commission initiated Lee Plan amendments for the 2004/2005 amendment cycle.  (#20041205-Planning)

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve award of project # EX040675 for the maintenance of telephone switches, repair services and equipment; parts purchases off Florida State Contract #730-650-99-1 through Seimens Information and Communications Network, Inc. for fiscal years 2004/2005 and 2005/2006.  Estimated annual expenditures will be approximately $112,000. Funding will come from the individual department or division’s budget whom will be responsible for monitoring their individual expenditures.

WHY ACTION IS NECESSARY:

All purchases that annually exceed $50,000 must have board approval.

WHAT ACTION ACCOMPLISHES:

Allows Lee County Telecommunications to continue to receive maintenance on telephone switches.  (#20041187-ITG)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Approve the Resolution of Necessity for the acquisition and condemnation of parcels required for the Ten Mile Linear Park Project, No. 2001 – Phase 2 - 4.

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 Ten Mile Linear Park Project, No. 2001 – Phase 2 - 4.  (#20041138-County Attorney)

 

 

(b)

ACTION REQUESTED:

Approve the proposed IDD Canal Realignment and Exchange between Taylor Woodrow Homes and Lee County providing for an exchange for a portion of IDD Canals C, C-1, C-2 and C-3 for an easement over and across a portion of the proposed Asbury development; adopt the Resolution of Exchange in accordance with F. S. 125.37; accept easement grant from Taylor Woodrow Homes in accordance with the Agreement; execute the County Deed to a portion of the IDD Canals C, C-1, C-2 and C-3; and authorize County staff to process the documents necessary to fully comply with the terms of the Agreement.

WHY ACTION IS NECESSARY:

Board approval is necessary to enter into an agreement contemplating exchange of County property and to accept easements and execute deeds necessary to accomplish the transfer of the real property interest.

WHAT ACTION ACCOMPLISHES:

Serves to allow construction of the Asbury development while maintaining the County’s existing drainage needs.  (#20041161-County Attorney)

 

 

(c)

ACTION REQUESTED:

Accept settlement offer of $12,000 from Allstate Insurance Company (Allstate) for damages totaling $17,994.43 to Lee County Department of Transportation (DOT) property; and authorize Chairman to execute Property Damage Release in favor of Allstate and its insured’s for damages caused by Samantha P. Williams in a vehicle accident on September 29, 2003.

WHY ACTION IS NECESSARY:

Board of County Commissioners’ approval is required for settlement offers. Execution of Property Damage Release necessary to complete the transaction with Allstate for their payment of $12,000.

WHAT ACTION ACCOMPLISHES:

Releases Allstate and its insured’s from any further liability arising out of the September 29, 2003, traffic accident. The $12,000 payment to DOT, invoice #1642, represents a 66.68% (2/3) recovery of the damages to property.  (#20041188-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

Text Box: CONVENE AS BOARD OF PORT COMMISSIONERS

 



 

 

(a)

ACTION REQUESTED:

Authorize execution of Supplemental Agreement No. 28 between the Lee County Port Authority and Hole Montes in the amount of $715,700 to provide land acquisition assistance services related to the RSW I-75 Access project.  Funds are available in account 413 001 4274 6510; RSW Discretionary.  (Port Authority)

 

 

(b)

ACTION REQUESTED:

Authorize execution of Supplemental Agreement No. 27 between the Lee County Port Authority and Hole Montes in the amount of $50,000 to provide construction administration services for the improvement of the RSW Cargo Road.  Funds are available in 413 001 4274 6510; RSW Discretionary.  (Port Authority)

 

 

(c)

ACTION REQUESTED:

Authorize execution of Supplemental Agreement No. 89 between the Lee County Port Authority and Owen-Ames-Kimball Company in the amount of $1,422,214 to provide construction related services for the improvement of the RSW Cargo Road and approve a Total Project Budget in the amount of $1,833,000.  Funds are available in account 413 001 4274 6540; RSW Discretionary.  (Port Authority)

 

 

Text Box: RECONVENE AS BOARD OF COUNTY COMMISSIONERS

 


 
15.

CONSTITUTIONAL OFFICERS

 

  

 WALK ON AGENDA ITEMS
September 28, 2004

 

Walk On

 

ACTION REQUESTED:
Request CLASAC to return a recommendation to the Board.  Begin the process by which Lee County BOCC can determine the degree to which it may participate in the partnership for acquisition of Babcock Ranch, for that part in Lee County.
WHY ACTION IS NECESSARY:
Lee County procedures require that CLASAC be the County’s advisor in matters involving funding under the Conservation 20/20 program, which is the program best suited to this acquisition.

WHAT ACTION ACCOMPLISHES:
It provides the County the appropriate place for discussion of the parameters by which County participation should occur.  (#20041227-Smart Growth)
REASON FOR WALK ON:
Requested by Commissioner Janes.

 

Walk On

 

ACTION REQUESTED:

Approve a grant application for a Pre-Trial Diversion Outreach program to be administered by

the Ruth Cooper Center in partnership with the Lee County Department of Human Services.

WHY ACTION IS NECESSARY:
To notify the Board of the grant application and obtain official signature.
WHAT ACTION ACCOMPLISHES: Allows Human Services to apply for a $5,000 grant through the National Association of Counties Small Grant Program for Counties to provide a Pre-Trial Diversion Outreach program to divert persons with a serious mental illness from unnecessary institutionalization and/or criminalization.  (#20041240-Human Services)

REASON FOR WALK ON:
Signed application due to NACO by 09-30-04.

 

Walk On

 

ACTION REQUESTED:
Approve and sign the agreement designating the United Way of Lee County as the disbursing entity for the Hurricane Relief funds, at a minimum of $122,000, and any future funds allocated by the Volunteer Florida Foundation.

WHY ACTION IS NECESSARY:
Provides for a disbursing entity for the receipt, distribution and all reporting requirements of the Volunteer Florida Foundation funds.
WHAT ACTION ACCOMPLISHES:

This will allow the funds to be expended as identified by the Lee County Unmet Needs Committee, within the time frame as required and assure that there is no duplication of services provided by the first responding agencies. (American Red Cross and Salvation Army)  (#20041254-Human Services)

REASON FOR WALK ON:
To meet the timelines of the Florida Hurricane Relief Fund.

 

(#4)

Walk On

 

ACTION REQUESTED:
Waive formal procurement procedures and approve and authorize the Chairman to sign an Interim Development Agreement between Lee County and Covanta Energy, Inc, the current operator of the County Waste to Energy facility, that describes services, costs, and responsibilities of the Parties for Engineering Oversight and related project activities for the Waste to Energy Third Unit Expansion Project, prior to establishing a formal Memorandum of Understanding and a Definitive Agreement.

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 of the Waste to Energy Expansion Project (third unit).  This Interim Development Agreement will be replaced with an MOU and/or a Definitive Agreement.  (#20041259-Solid Waste)

REASON FOR WALK ON:

The “Interim Development Agreement” allows the Stoker purchase to be initiated. 

 

(#5)

Walk On

 

ACTION REQUESTED:
Waive the formal procurement process and authorize the issuance of a purchase order to Peterson Organics for a not to exceed amount of $150,000.00 (currently emergency order No. E-04-04) for removal and disposal of vegetative mulch resulting from the debris removal activities resulting from Hurricane Charley.

WHY ACTION IS NECESSARY:
Purchases in excess of $50,000 require Board approval.
WHAT ACTION ACCOMPLISHES:
Provides the Solid Waste Division with an alternate contractor to transport and dispose of storm debris mulch material.  (#20041260-Solid Waste)

REASON FOR WALK ON:
Amount will exceed $50,000 prior to normal scheduling of this item, services were negotiated during one of the County’s Emergency Order extensions.

 

(#6)

Walk On

 

ACTION REQUESTED:
Consider an offer of settlement in the railroad abandonment proceeding before the Surface Transportation Board on a portion of the Baker spur abutting Alico Road.

WHY ACTION IS NECESSARY:
The Board of County Commissioners must consider an offer of settlement.
WHAT ACTION ACCOMPLISHES:
Either resolves the dispute by accepting offer of settlement, or make a  counter offer, or continue the action by rejecting all offers.  (#20041258-County Attorney)

REASON FOR WALK ON:
Response to offer of settlement must be made prior to October 4.
 

 


CARRYOVER AGENDA ITEMS
September 28, 2004
 

(#1)

Carry Over

 

ACTION REQUESTED:
Board to determine and award the appropriate pay-for-performance increases for the Contract Employees (County Manager, Chief Hearing Examiner, and Hearing Examiner) based on the individual evaluations completed by each Commission member.

WHY ACTION IS NECESSARY:
To remain consistent with the County philosophy of pay-for-performance throughout the entire employee team.
WHAT ACTION ACCOMPLISHES:
This will reinforce the fact the Board supports pay-for-performance throughout the organization regardless of the employee’s level, and it rewards the Contract Employees for their performance and contributions to the organization in fiscal year 2003-2004.  (#20041085-Human Resources)

REASON FOR WALK ON:
Directed at the 09-21-04 BOCC meeting. 

 

(#2)

Carry Over

 

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 year.  (#20040814-Solid Waste)

REASON FOR WALK ON:
Directed at the 09-21-04 BOCC meeting.

 

(#3)

Carry Over

 

ACTION REQUESTED:
Waive formal procurement procedures for bid waiver BW-04-08 and approve a purchase order between Lee County and Covanta Energy, Inc, the current operator of the Waste to Energy facility and the sole source vendor/representative in North America for Martin GMbH, for one ‘Martin’ stoker/combustor unit to be utilized for the WTE expansion project.  Total estimated cost is $6,177,000.00 depending on the dollar/euro exchange rate during the progress payment period and the amount of onsite technical supervision.

WHY ACTION IS NECESSARY:
Purchases/contracts greater then $50,000 require Board approval.
WHAT ACTION ACCOMPLISHES:
Allows Covanta, as the sole Martin representative in the U.S., to procure in a timely manner the stoker/combustor to be utilized for the Waste to Energy Expansion Project (third unit).  Covanta has notified the County that this equipment must be ordered prior to September 30, 2004 in order to keep firm pricing that was established 1st quarter of 2004, or price escalation will be invoked by the manufacturer.  (#20041164-Solid Waste)

REASON FOR WALK ON:
Directed at the 09-21-04 BOCC meeting.

 

(#4)

Carry Over

 

ACTION REQUESTED:
Provide direction to County Attorney with regard to pending litigation on Greater Pine Island Community Plan Update (GPICPU).

WHY ACTION IS NECESSARY:
The study prepared by Hanson Real Estate Advisors, Inc., estimates that, if the GPICPU goes into effect, it will result in a $60 million loss in market value to agricultural lands on Pine Island.  This loss of market value is expected to generate claims against the County under the Bert Harris Act totaling $60 million.
WHAT ACTION ACCOMPLISHES:

Enables the County Attorney to make necessary preparations to pursue Board’s direction with regard to pending law suit.  (#20041038-County Attorney)

REASON FOR WALK ON:
Directed at the 09-21-04 BOCC meeting.