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District #1 Bob
Janes |
District #2 Douglas St. Cerny Chairman |
District #3 Ray
Judah
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District #4 Tammy Hall Vice Chair |
District #5 John E. Albion |
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Donald D. Stilwell, County Manager |
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Robert W. Gray, Deputy
County Attorney |
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December 7, 2004
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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
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9:30
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Invocation: |
Pastor
Russell Brown |
Antioch Missionary Baptist Church |
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Pledge
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Presentations: |
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(Commissioner
St. Cerny-#20041608) |
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Recap |
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Public
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Items
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Motion
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Consideration
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Walk-ons
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Commissioners'
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County
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County
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Adjourn |
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December
7, 2004
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1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Approve and authorize Chairman to execute
interlocal agreements between Lee County and the City of Sanibel for four (4)
separate Lee County Tourist Development Council Beach & Shoreline CIP
projects. WHY ACTION
IS NECESSARY: The Board of County Commissioner must approve all
agreements. WHAT ACTION
ACCOMPLISHES: Provides a mechanism to reimbursement the City of
Sanibel with TDC beach and shoreline capital improvement program funds. (#20041490-VCB) |
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ACTION
REQUESTED: Approve and authorize Chairman to execute an
interlocal agreement between Lee County and the City of Sanibel for the Lee
County Tourist Development Council Beach & Shoreline CIP project, Sanibel
Beach Parks Hurricane Charley Expenses. Approve budget transfer of $169,500
and amend the FY
2004-05/2008-09 Capital Improvement Program budget
accordingly. WHY ACTION
IS NECESSARY: The Board of County Commissioner must approve all
transfers and agreements. WHAT ACTION
ACCOMPLISHES: Provides a mechanism to reimbursement the City of
Sanibel with TDC beach and shoreline capital improvement program funds. (#20041491-VCB) |
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2. |
CONSTRUCTION
AND DESIGN |
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ACTION
REQUESTED: For Facilities Management, MARS, approve four (4)
new Tradesworker III positions to maintain additional square footage acquired
in the County, per MOU of 4/7/98 and amended 11/27/01. Estimated costs for balance of FY05 for
salaries, vehicles, equipment, and operating expenses is $266,441. For Facilities Management Admin, approve
(1) Tradesworker II position, previously approved by County Admin during the
June, 2004 budget process, but omitted from the budget workshop books. Estimated cost for balance of FY05 is
$39,135. For Internal
Services-Fiscal, approve (1) Account Clerk, Sr. position, to provide fiscal
support. Estimated cost for balance
of FY05 is $39,675. Approve budget
transfer from General Fund Reserves in the amount of $345,251, and approve
Budget Amendment Resolution for Fleet Management. WHY ACTION IS
NECESSARY: Board approval is required for establishment of
new positions, budget transfers and resolutions, and Piggy Back purchases
over $50,000. WHAT ACTION
ACCOMPLISHES: Staff and equipment for Facilities Management,
Maintenance and Repair Division, and Internal Services-Fiscal, due to
additional square footage acquired by the County. (#20041453-Facilities
Management) |
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ACTION
REQUESTED: Approve the additional expenditures on award of
Project # EX040509, the purchase of modular furniture, accessories, and
related services at the Florida State Contract price of $11,609.24 from
Herman Miller Workplace for the Morgue expansion project. Also approve the expenditure of a
not-to-exceed amount of $1,161. for such incidentals as miscellaneous
components, overnight delivery services, etc. These funds are in addition to an already approved amount of
$123,153.72 in June. 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. (#20041548-Construction and Design) |
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3. |
COUNTY
COMMISSIONERS |
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4. |
COMMUNITY
DEVELOPMENT |
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ACTION REQUESTED: Approve reduction in demolition and lot mowing
liens totaling approximately $7,166 down to $2,200 for a parcel located at
4976 N. Galaxy Drive, East Fort Myers, payable within 60 days from date of
Board approval. WHY ACTION IS NECESSARY: Board approval is required for mitigation of
county assessment liens. WHAT ACTION ACCOMPLISHES: Allows assessment lien to be released. (#20041492-Development Services) |
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ACTION
REQUESTED: Accept a Petition to Vacate a 12-foot wide
Drainage and Public Utility Easement located at 923 Hepburn Ave., Lehigh
Acres, FL 33936, and adopt a resolution, setting a Public Hearing for 5:00 PM
on the 11th day of January 2005
(Case No. VAC2004-00065). WHY ACTION
IS NECESSARY: To build a single-family residence 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.
(#20041495-Development Services) |
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ACTION
REQUESTED: Authorize an extension,
from December 31,2004, to May 30, 2005, for Contract C-2742 between the Board
of County Commissioners and the Southwest Florida GWI Housing VIII (SWFGWI) WHY ACTION
IS NECESSARY:
This contract extension is technical in nature and
will allow for more time for SWFGWI
to complete its contractual obligations to the county. WHAT ACTION
ACCOMPLISHES: Extends the grant award
agreement, allowing additional time for SWFGWI to use SHIP funds to construct
54 rental/special needs units at Hatton B. Rogers Apartments for
very-low-income elderly households. (#20041526-Planning) |
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ACTION
REQUESTED: Authorize an extension
from December 31, 2004, to May 30, 2005, for Contract C-2732, and an
extension from December 31, 2004, to May 30, 2005 and minor changes in the
scope of work for Contracts: C-2384 and C-2385 between the Board of County
Commissioners and the Lee County Housing Development Corporation (LCHDC). WHY ACTION
IS NECESSARY:
These changes are technical in nature and will
allow for more time and flexibility for the LCHDC to complete its contractual
obligations to the county. WHAT ACTION
ACCOMPLISHES: Extends the grant award
agreements, allowing additional time and flexibility for the LCHDC to use
SHIP funds to construct and/or rehabilitate affordable housing for very-low
and low-income households. (#20041527-Planning) |
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5. |
HUMAN
SERVICES |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Approve Project # PB050088, the utilization
(piggyback) of the Florida Department of Transportation-Public Transit Office
Bid # FVPP-02-CA-2, which has gone through their competitive bidding process,
for the purchase of seven ADA Vans (22 feet in length), for Lee Tran. The vans will be purchased from Transit
Plus Inc. at a unit price of $54,985. for a grand total of $384,895. for
seven vans. This bid was originally
awarded in September 2002, and has been renewed yearly by FDOT with approved
price increases. This purchase is 100%
federally funded by the Federal Transit Administration. WHY ACTION
IS NECESSARY: Board approval is required because this
expenditure will exceed $50,000. WHAT ACTION
ACCOMPLISHES: By utilizing the Florida Department of
Transportation Bid, Lee Tran will be able to have the vans built and
delivered in a timely fashion, thus allowing Lee Tran to continue to provide
high quality paratransit service. (#20041524-Lee Tran) |
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ACTION
REQUESTED: Accept the donation of a Slope Restoration
Easement and Temporary Construction Easement Agreement for STRAP Number
34-45-24-00-00002.0100, Summerlin Road Six-Laning, Project No. 4067;
authorize payment of recording fees; and authorize 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: Accepts
donation of easement needed for the Summerlin Road Six-Laning Project.
(#20041541-County Lands) |
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ACTION
REQUESTED: Accept ten
Quit-Claim Deeds for right-of-way necessary for the Dewberry Lane Special
Improvement MSBU for maintenance of existing roads and streetlights;
authorize the Division of County Lands to handle and accept all documentation
necessary; authorize payment of recording fees. WHY ACTION IS NECESSARY: Dewberry Lane is currently a privately owned road and the County
cannot initiate maintenance without obtaining ownership. WHAT ACTION ACCOMPLISHES: Acquisition
of right-of-way via Quit-Claim Deeds from benefited property owners.
(#20041542-County Lands) |
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ACTION
REQUESTED: Approve and execute a
utility easement to FPL for the Estero Community Park Project. Authorize
Division of County Lands to handle all documentation necessary to complete
the transaction. WHY ACTION IS NECESSARY: The Board must approve
conveying an easement across County-owned property. WHAT ACTION
ACCOMPLISHES: Provides an easement for electric service to the
Estero Community Park. (#20041543-County Lands) |
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7. |
PUBLIC
SAFETY |
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8. |
SOLID
WASTE-NATURAL RESOURCES |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: Consider the revised project list recommended by
the Bicycle/Pedestrian Advisory Committee for CIP 206002, Bicycle/Pedestrian
Facilities, FY 03/04. Approve budget
amendment resolution in the amount of $31,994. in the Transportation Capital
Improvement Fund and amend FY 04-08 CIP. WHY ACTION
IS NECESSARY: Authorizes staff to bid the project. WHAT ACTION
ACCOMPLISHES: Constructs 230 LF +/- of sidewalk along Pine Island
Road to mitigate an unsafe walking condition. Piping the drainage ditch will
also reduce maintenance costs in the future.
(#20040244-Transportation) |
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ACTION
REQUESTED: Approve Supplementary Task Authorization (STA) No.
6, with Pitman-Hartenstein & Assoc., Inc., under CN-03-07 – Miscellaneous
Professional Services – Bonita Beach Road (Mango Drive to I-75) Construction
Administration Services to allow for the continuation of work previously
started under STA No. 1, in the NTE amount of $39,418.00 (with a total of STA
#1 and STA #6 of $78,836.00) WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Provides the County with continued Construction
Administrative Services on Bonita Beach Road (Mango Drive to I-75). (#20041532-Transportation) |
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ACTION
REQUESTED: Award B-04-36 COUNTY-WIDE MINOR PAVING &
DRAINAGE , for the Department of Transportation, to the eight (8) lowest
responsive, responsible bidders meeting all bidding requirements: AEC, Inc., Ajax Paving Industries,
Inc., APAC-SE, Better Roads, Inc.,
Cougar Contracting, Inc., Gulf Paving, Inc., John Carlo, Inc., and Stevens
& Layton, Inc.; based on individual unit prices multiplied by the
estimated quantity, for a total not-to-exceed annual contract amount of
$1,350,000.00, with an annual contract period of one (1) year. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Will provide the Department of Transportation,
Parks & Recreation and Natural Resources with the availability of having
eight (8) contractors to perform intersection improvements, drainage
improvements and general roadway improvements based on an as-needed basis for
a one-year period without going through the formal bidding process each time.
(#20041537-Transportation) |
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ACTION
REQUESTED: Concur with the ranking of Consultants by the
Competitive Negotiations Committee for CN-05-01 QUEUE JUMP DESIGN – METRO
& COLONIAL, in the following order of ranking, and authorize contract
negotiations to commence with the number one ranked firm: (1)
Pitman-Hartenstein & Associates, Inc.; (2) PBS&J; (3) Kisinger Campo
& Associates Corp.; (4) Dyer, Riddle, Mills & Precourt, Inc. (DRMP). WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES:
Consultant will design and permit a Queue Jump
(electronic toll overpass integrated with the Leeway/Sunpass systems) at the
intersection of SR 739 (Metro Parkway) and SR 884 (Colonial Boulevard). The design will consist of a minimum of
one lane in each direction of SR 884 being elevated over SR 739, to allow the
through movement on SR 884 to bypass the signalized at-grade intersection,
which will remain. (The design shall
be prepared so that the installation of the queue jump can be converted in the
future to a fully functional overpass as described in the PD&E, with the
at-grade intersection for the EB and WB through movement.) (#20041544-Transportation) |
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10. |
UTILITIES |
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ACTION REQUESTED: Approve final acceptance, by Resolution, and
recording of one (1) utility easement as a donation of a fire hydrant serving
Suncoast
Schools Federal Credit Union. This is a Developer Contributed
asset project located on the south side of Pine Island Road approximately 550
feet east of North Cleveland Avenue. WHY ACTION IS NECESSARY: To provide fire protection to the recently
constructed credit union. WHAT ACTION ACCOMPLISHES: Places the fire hydrant into operation and
complies with the Lee County Utilities Operations Manual. (#20041506-Utilities) |
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ACTION REQUESTED: Authorize the Chairman, on behalf of the BOCC, to
sign as the Chief Official of the Subgrant Recipient for Lee County
Utilities’ application for a Florida Department of Law Enforcement’s Law
Enforcement Terrorism Prevention Program Grant in the amount of $120,000. WHY ACTION IS NECESSARY: Required by each agency’s regulations. WHAT ACTION ACCOMPLISHES: Establishes the BOCC as being the Subgrant
Recipient of the Grant.
(#20041522-Utilities) |
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ACTION
REQUESTED: Concur with the ranking of Consultants by the
Competitive Negotiations Committee for CN-05-02 REGIONAL WASTEWATER RESIDUALS
FEASIBILITY STUDY, in the following order of ranking, and authorize contract
negotiations to commence with the number one ranked firm: (1) Hazen & Sawyer; (2) Camp, Dresser
& McKee Inc. (CDM); and (3) MWH. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION ACCOMPLISHES: Consultants to provide professional services for the project known as REGIONAL WASTEWATER RESIDUALS FEASIBILITY STUDY to include analysis of available residual handling options, develop recommendations for residuals handling, prepare a cost estimate for the recommended option and produce a report of findings and recommendations. (#20041534-Utilities) |
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ACTION
REQUESTED: Concur with the selection of consultants by the Competitive Negotiations Committee for CN-05-03 MISC. ELECTRICAL &/OR INSTRUMENTATION DESIGN SERVICES FOR UTILITY SYSTEMS, and authorize staff to negotiate hourly rates and independent cost with the following three (3) firms: Anchor Engineering Consultants; PLI Engineering, Inc.; and RKS Consulting Engineers, Inc. for a contract period of two (2) years with the option of renewal for one (1) additional year. Also, authorize Chairman on behalf of the Board to execute the agreements upon final negotiations. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Provides the County with three consultants on this
contract that can provide professional services for the project known as
MISC. ELECTRICAL &/OR INSTRUMENTATION DESIGN SERVICES FOR UTILITY SYSTEMS
on an as needed basis. (#20041535-Utilities) |
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ACTION
REQUESTED: Approve entering into a construction contract
under RFQ-04-01 DEEP INJECTION WELL AND MONITORING WELL CONSTRUCTION, for the
project known as Three Oaks Injection Well to Youngquist Brothers, Inc., in
the lump sum amount of $4,191,800.00, plus additional fees (on an as-needed
basis) to include gravel contingency; 24-hour packer testing; and rig delays,
based on 270 days for substantial completion, 300 for final completion for 7
days per week and 24 hours a day drill schedule. Authorize Chairman to execute contract upon receipt from Youngquist
Brothers. Also approve Budget Transfer
in the amount of $2,366,000.00 from Utilities Sewer Connection Fees to the
Three Oaks WWTP Expansion project and amend FY04/05 – 08/09 CIP accordingly. WHY ACTION
IS NECESSARY: Board approval is required. WHAT ACTION
ACCOMPLISHES: Provides Lee County with a contractor, Youngquist
Brothers, to proceed with the Three Oaks Injection Well under RFQ-04-01. (#20041591-Utilities) |
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11. |
PARKS AND
RECREATION |
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ACTION
REQUESTED: Approve “Contribution Agreement” with the U.S.
Department of Agriculture, Natural Resources Conservation Service for the
services of a County employee Program Manager and approve Budget Amendment
for an amount not-to-exceed $71,228.00. WHY ACTION
IS NECESSARY: To provide funds for the Program Manager position
in the Lee Soil and Water Conservation Program. WHAT ACTION
ACCOMPLISHES: Assists
in bringing about conservation, development and wise use of land, water and
related resources in Lee County. (#20041557-Parks and Recreation) |
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12. |
COUNTY
ATTORNEY |
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ACTION
REQUESTED: Approve continued use of the law firm of Williams,
Mullen, Clark & Dobbins through the persons of R. Stuart Broom, Esq. and
Robert Riley, Esq. for legal services relating to the Lee County
Waste-to-Energy Third Boiler Unit and the County’s power sales arrangements,
for the additional amount of $400,000.00. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Allows for the continued use of outside legal
services for essential Waste-to-Energy matters that require outside legal
representation. (#20041568-County
Attorney) |
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ACTION REQUESTED: Approve the Railroad
Crossing Agreement by and between the Simon Property Group, Inc. and Seminole
Gulf Railroad for a two-lane crossing at Sandy Lane in conjunction with the
development of the Coconut Point DRI. WHY ACTION IS NECESSARY: Condition of proportionate
share payments or offset(s) for the development of the Coconut Point DRI
Regional Mall and Retail Center. WHAT ACTION
ACCOMPLISHES: Provides approval for the Railroad Crossing
documents pursuant to the Developer Agreement for the Coconut Point DRI. (#20041595-County Attorney) |
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13. |
HEARING
EXAMINER |
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14. |
PORT
AUTHORITY |
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15. |
CONSTITUTIONAL
OFFICERS |
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ACTION REQUESTED: Approve disbursements. WHY ACTION IS NECESSARY: Florida Statute Chapter 136.06(1) requires that all County disbursements be recorded in the Minutes of the Board. WHAT ACTION ACCOMPLISHES: Compliance
with the requirements of FS 136.06(1).
(#20041566-Clerk of Courts) |
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ACTION
REQUESTED: Approve Expenditures in the amount of $120,352 by
the Lee County Sheriff’s Office.
Revenues for these expenditures were from various fees, services, etc.
that were collected by the Sheriff’s Office during the period of 09/09/04 to
09/30/04. WHY ACTION IS
NECESSARY: Board approval is needed to expend funds
collected. WHAT ACTION
ACCOMPLISHES: Enables Sheriff’s Office to offset expenditures. (#20041501-Sheriff) |
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ACTION
REQUESTED: Request Board to approve budget transfer to the
Sheriff’s FY 03/04 Budget to reflect a return of unspent monies of $437,374
and to reflect actual line item expenditure totals. Also, approve budget amendment resolution for the receipt of
$150,443 of interest earnings, $1,147,549 for Federal Inmate Housing
revenues. WHY ACTION
IS NECESSARY: Sheriff and Board of County Commissioners adjust
accounts at the close of each fiscal year to facilitate the reconciliation of
expenditures for the combined annual financial report. This annual audit is required by Florida
Statutes. WHAT ACTION
ACCOMPLISHES: Return of non-spent and collected funds. (#20041502-Sheriff) |
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ACTION
REQUESTED:
Request Board to approve transfer from the General
Fund #001 Reserves in the amount of $833,890. Funds are from excess/unspent funds from FY 03/04. Also amend the LCSO FY 04/05 budget
accordingly. WHY ACTION
IS NECESSARY:
Board approval is needed to expend 04/05 funds. WHAT ACTION
ACCOMPLISHES:
Enable Sheriff’s Office to carry over prior year
approved expenditures into new fiscal year. (#20041503-Sheriff) |
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ACTION REQUESTED: Approve minutes of the following Board of County
Commissioners Meetings: February 27, 2001 (Regular); January 29, 2002
(Regular); June 4, 2002 (Regular); November 26, 2002 (Regular); May 19, 2003
(Zoning); May 20, 2003 (Regular); August 19, 2003 (Regular); September 9,
2003 (Regular); November 3, 2003 (Zoning); December 15, 2003 (Zoning) and
December 16, 2003 (Special-Lee Plan).
(#20041605-Minutes) |
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ACTION REQUESTED: Approve minutes of the following Board of County
Commissioners Meetings: January 5, 2004 (Zoning); February 2, 2004
(Management and Planning); March 29, 2004 (Zoning); April 5, 2004 (Zoning);
April 19, 2004 (Zoning); June 7, 2004 (Zoning); June 28, 2004 (Budget);
September 8, 2004 (Budget); September 22, 2004 (Budget) and November 1, 2004
(Management and Planning).
(#20041606-Minutes) |
December
7, 2004
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1. |
COUNTY ADMINISTRATION |
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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
Transportation Facilities Refunding Revenue Bonds, Series 2005A. Authorize other approvals as necessary
contained in this resolution. WHY ACTION
IS NECESSARY: Allows greater flexibility in marketing the
Transportation Facilities Refunding Revenue Bonds, Series 2005A. WHAT ACTION
ACCOMPLISHES: Allows the Bond Purchase Agreement to be signed
(if the bonds are sold) without reconvening the Board of County
Commissioners. (#20041546-Budget
Services) |
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2. |
CONSTRUCTION AND DESIGN |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: Request BOCC adopt Alignment #4 in the Alignment
Analysis Report for Bonita Beach Road Widening from Old US 41 to Imperial
Street, and authorize DOT to proceed with design of 6-lane section for this
segment. WHY ACTION
IS NECESSARY: Florida case law dictates that alignment decisions
should be made by the Board of County Commissioners after due consideration
of the availability of alternative routes, costs, environmental factors,
long-range area planning and safety considerations. These factors have been addressed and are documented in the
report that is attached. WHAT ACTION ACCOMPLISHES: Establishes roadway alignment with a record of factors considered in selection process. Also allows DOT to continue with the design process. (#20041545-Transportation) |
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10. |
UTILITIES |
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ACTION
REQUESTED: Approve, under E-03-08 GES Resolution No.
03-07-08, award of the Design-Build Agreement with Harn R/O Systems Inc., for
the Pinewoods Water Treatment Plant RO Expansion in the lump sum amount of
$8,498,104.00. Further authorize
Chairman to execute the Design Building Agreement upon receipt from Harn R/O
Systems. WHY ACTION
IS NECESSARY: Board approval is required. WHAT ACTION
ACCOMPLISHES: Provides the Utilities Division with a Design
Build firm for the Brackish R/O Expansion at Pinewoods Membrane Treatment
Facility. (#20041588-Utilities) |
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11. |
PARKS AND RECREATION |
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12. |
COUNTY ATTORNEY |
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13. |
HEARING EXAMINER |
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14. |
PORT AUTHORITY |
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15. |
CONSTITUTIONAL OFFICERS |
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