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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 21, 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
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9:30
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Invocation: |
Pastor Ken Murdock |
Unity of Fort Myers |
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Pledge
of Allegiance |
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Presentations: |
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Robert
Stewart Building Official of the Year 2004 Resolution |
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(Commissioner
Hall-#20041646) |
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Recap |
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Public
Comment on the Consent and Administrative Agenda |
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Items
to be pulled for discussion by the Board |
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Motion
to approve balance of items |
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Consideration
of items pulled for discussion |
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9:30
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Public
Hearing
ACTION
REQUESTED: Adopt
and enact an ordinance known as the Lucaya Community
Development District
Ordinance. (#20041641-County
Attorney) |
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Walk-ons
and Carry-overs |
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Commissioners'
Items/Committee Appointments |
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County
Manager Items |
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County
Attorney Items |
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Adjourn |
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December
21, 2004
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1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Request Board approve Budget Amendment Resolution
to allocate excess Fund Balance and Capital Grant Revenue for carryover
Capital Projects and Grants. Request
Board approve Transfer of Funds from reserves and authorize interfund
transfers. Request Board amend
04/05–08/09 Capital Improvement Program to reduce or increase Capital
Projects. WHY ACTION
IS NECESSARY: Board of County Commissioners must approve Budget
Amendments and Transfers from reserves. WHAT ACTION
ACCOMPLISHES: Provides for unexpended funds budgeted to a
project in a fiscal year to be carried forward in the new fiscal year. (#20041660-Budget Services) |
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ACTION
REQUESTED: Award Service Provider Agreement for CN-04-18,
FINANCIAL ADVISOR, to Public Financial Management Inc., at the fees indicated
in Exhibit B Compensation and Method of Payment. Further authorize Chairman to execute the Service Provider
Agreement upon receipt. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Provides
Lee County with an advisor that will assist the County in the issuance of
various types of debt financing as well as conduct special analyses as
needed. The Financial Advisor will
not participate either directly or indirectly as underwriters in the sale of
the bonds, nor have any financial interest, directly or indirectly in such
sale, except as to compensation pair hereunder by the County. (#20041665-Budget Services) |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION REQUESTED: Approve lease with Otay Investments, L.L.C. for
13,750 square feet of space at 12681 Metro Parkway, Ft. Myers, Florida. Lease is for 5 years with one, five year
renewal upon same terms and conditions.
Base rental cost for the first year is $5.62 per square foot or
$77,275 and CAM charges for the first year will be $1.20 per square foot or
$16,500. Base rental cost will
increase on an annual basis in the amount of the latest CPI. Lease can be terminated by giving landlord
three months advance written notice. WHY ACTION
IS NECESSARY: Board must approve all leases. WHAT ACTION
ACCOMPLISHES: Allows the Sheriff’s Department to keep their
evidence storage facility in the same location as they have been for the last
5 ½ years. (#20041659-Facilities Management) |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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ACTION
REQUESTED: Accept a Petition to Vacate a 12-foot wide Public
Utility Easement located at 1223 Fitch Ave., Lehigh Acres, Florida, and adopt
a resolution, setting a Public Hearing for 5:00 PM on the 11th day
of January 2005. (Case No.
VAC2004-00058) WHY ACTION
IS NECESSARY: To build a single-family residence 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. (S13-T44S-R27E) (#5)
(#20041620-Development Services) |
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ACTION
REQUESTED: Accept a Petition to Vacate a 12-foot wide Public
Utility Easement located at 407 Broadway Ave., Lehigh Acres, Florida, and
adopt a resolution, setting a Public Hearing for 5:00 PM on the 11th
day of January 2005. (Case No.
VAC2004-00045) WHY ACTION
IS NECESSARY: To build a single-family residence 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. (S27-T44S-R27E) (#5)
(#20041629-Development Services) |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Authorize: (1) Approval of Purchase Agreement for
acquisition of Parcel 155, Burnt Store Road Widening Project No. 4088, in the
amount of $100,000.00; (2) the Chairman on behalf of the Board of County
Commissioners to execute Purchase Agreement; and (3) payment of costs to
close and the Division of County Lands to handle and accept 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. (#20041590-County Lands) |
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ACTION
REQUESTED: Proposal # P-020559. Approve change to the Health Plan Stop Loss policy: Change the specific deductibles from
$150,000 to $300,000. Drop the
aggregate loss portion which currently reinsures the self funded health plan
when the total loss is 125% of the expected loss. Total aggregate is limited
to $3,000,000. WHY ACTION IS NECESSARY: The Board of County
Commissioners must approve changes to the Health Plan. WHAT ACTION
ACCOMPLISHES: This action has the potential to save the County
significant amounts of money by assuming an increased portion of the risk
rather than paying premiums.
(#20041621-Human Resources) |
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ACTION
REQUESTED: Approve Agreement for Purchase and Sale of Real
Estate for acquisition of Parcel 167, Veronica S. Shoemaker Blvd. Extension
Project No. 4073, in the amount of $200 plus attorneys fees ($775.56) and
reimbursement for relocation of business sign ($6,794.20); authorize payment
of costs to close and the Division of County Lands to handle all
documentation necessary to complete transaction. WHY ACTION
IS NECESSARY: The Board must accept all real estate conveyances
to Lee County. WHAT ACTION
ACCOMPLISHES: The Board avoids Eminent Domain. (#20041624-County Lands) |
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7. |
PUBLIC SAFETY |
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ACTION
REQUESTED: Approve the utilization of piggybacking from the
City of Tamarac, Florida, RFP 04-14R, Resolution #R-2004-180, for Medical
Billing Services, from Advanced Data Processing, Inc., at a cost of seven
(7%) of the monthly collections for non-Medicaid accounts, a flat rate of $150.00
per month for Medicaid accounts and $1.00 per transport to meet HIPAA
requirements. Also, authorized the
Chairman to execute the County’s Service Provider Agreement upon receipt. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Provides Emergency Medical Services with a
qualified firm for the administration, processing and collection of the costs
of transporting Emergency Medical Services (EMS) patients. (#20041650-EMS) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION REQUESTED: Approve for acceptance, and filing with the
Clerk’s Office, Minutes Department, an after-the-fact emergency under
Resolution 04-08-70 the following Change Orders for B-04-13, WASTE TIRE
PROCESSING, Change Order No. 1, Modern Recycling, Contract 2753, for walking
floor trucks/trailers complete with operator, fuel, etc., to transport solid
waste due to truck shortage caused by Hurricane Charley cleanup; RFP-00-01,
SOLID WASTE & RECYCLING FRANCHISE SERVICES, Change Order No. 4, Onyx
Waste Services of Florida, Inc., Contract 1969, to provide labor, material,
equipment, supplies, to collect and transport vegetative debris from
Hurricane Charley to designated disposal sites; and RFP-00-01, SOLID WASTE
& RECYCLING FRANCHISE SERVICES, Change Order No. 6, Florida Recycling
Services, Inc. & Frank Ward, Sr., a Joint Venture, Contract 1383, to
provide labor, material, equipment, supplies to collect and transport
vegetative debris from Hurricane Charley to designated disposal sites. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Provides after-the-fact approval for the Solid
Waste Division’s use of vendors to collect and transport the increased volume
of solid waste resulting from hurricane cleanup. (#20041651-Solid Waste) |
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ACTION
REQUESTED: Approve award of Quote # Q-040704, Temporary Labor
Services for Solid Waste Division, to the lowest quoter, Pacesetter Personnel
Service (who will act as the primary vendor) and also to the second low
quoter, Tandem Staffing Solutions (who will act as the secondary vendor), per
the unit price listed on the Lee County Tabulation Sheet. The department expects to spend $50,000.00
to $60,000.00 on an annual basis.
Also request authority to renew this quote for four additional
one-year periods, upon mutual agreement of both parties. Additionally, allow
the Purchasing Director authority to rescind the award and go to the next
lowest bidder if the awarded vendor fails to meet their contractual obligations. WHY ACTION
IS NECESSARY: Board approval is required because this
expenditure will exceed $50,000.00 WHAT ACTION
ACCOMPLISHES: Establishes competitive, fair market prices for
Temporary Labor Services. Estimated
savings to the taxpayer is $11,600.00
(#20041654-Solid Waste) |
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ACTION REQUESTED: Approve a budget transfer from Solid Waste
Management Fund reserves, increasing the FY04-05 CIP Budget for the
Lee/Hendry Landfill Phase II Project (CIP Proj. # 200924) in the amount of
$2,900,000.00 and amend the FY 04-05 CIP accordingly. WHY ACTION IS NECESSARY: Board approval required for CIP budget amendment. WHAT ACTION ACCOMPLISHES: Provides additional funds for the Landfill CIP
budget in order to provide additional capacity for the landfill and the leachate
treatment system. (#20041657-Solid
Waste) |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: Approve award of Quote # Q-050046, Curb Sweeping
Services, for the Department of Transportation-Operations Section, to the
overall low quoter who met all specification requirements, Precision Cleaning
Inc., based on the pricing listed on the Lee County Tabulation Sheet. The department estimates spending
approximately $75,000. on an annual basis.
Also request authority to renew this quote for four additional one-year
periods, upon mutual agreement of both parties. WHY ACTION
IS NECESSARY: Board approval is required because this
expenditure will exceed $50,000. WHAT ACTION
ACCOMPLISHES: Establishes competitive, fair market prices for
Curb Sweeping Services for the Department of Transportation. Estimated savings to the taxpayer is
$52,000. (#20041619-Transportation) |
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ACTION
REQUESTED: Approve the request from the Town of Fort Myers
Beach to evenly split the costs of the first phase of the Estero Boulevard
Transit Lane Feasibility Study, up to a maximum County participation of
$37,500, subject to execution of an interlocal agreement to that effect. WHY ACTION
IS NECESSARY: Board action necessary to pursue fund-sharing and
interlocal agreement. WHAT ACTION
ACCOMPLISHES: Commits County to splitting costs to advance
traffic/transit evaluation portion of feasibility study in response to Town’s
request. (#20041649-Transportation) |
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10. |
UTILITIES |
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ACTION
REQUESTED: Approve award of Quote # Q-040700, Welding and
Metal Fabrication for Lee County Utilities, to Titan Mfg, Inc. as the sole
quoter meeting all specification requirements. The initial term of this
agreement is for one year. Request authority to renew this quotation for four
additional one-year periods if in the best interest of the County. Estimated
annual expenditures will be $100,000. WHY ACTION
IS NECESSARY: All purchases that exceed $50,000 must be board
approved. WHAT ACTION
ACCOMPLISHES: Allows the Utilities Division to obtain welding
and metal fabrication services.
(#20041551-Utilities) |
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11. |
PARKS AND RECREATION |
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ACTION
REQUESTED: Approve project # PB050095, the utilization
(piggyback) of the Southwest Florida Water Management District (SFWMD) RFQ #
OT040451, which has gone through their competitive bidding process, for the
procurement of Ground Application Services for Exotic Plant Control, to be
utilized by the Lee County Parks and Recreation Department. The awarded vendor is Applied Aquatic
Management Inc. The current term of
the contract runs for three years, from 9/29/04 to 9/28/07. Request authority to continue to utilize
this contract if renewed by the SFWMD at the end of the three-year period, if
it is in the best interest of Lee County at that time. For general information, the Parks and
Recreation Department estimates spending approximately $400,000 during the
next twelve months. The majority of
the expenditures for this service will be covered by grant funds. WHY ACTION
IS NECESSARY: Board approval is required because this expenditure
will exceed $50,000. WHAT ACTION
ACCOMPLISHES: Provides an annual contract for ground application
services for exotic plant control that can be ordered as needed by the Parks
and Recreation Department.
(#20041596-Parks and Recreation) |
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ACTION
REQUESTED: Request Board approve establishing a full-time (80
hours biweekly) Parks & Recreation Program Specialist, Senior position,
currently a temporary on-call, position #T2348. This will enable staff to improve the efficiency and customer
service at Bay Oaks Community Center. This
position will be reimbursed by the Town of Fort Myers Beach at 100% of the
total cost of the position. WHY ACTION
IS NECESSARY: Board must approve all position status changes. WHAT ACTION
ACCOMPLISHES: Increasing to full-time status provides more hours
for senior programs. This will also
allow the other staff to concentrate on regular duties. (#20041655-Parks and Recreation) |
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12. |
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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ACTION REQUESTED: Review and approve the Lee County School District
Capital Improvement Plan for Impact Fee Revenue. WHY ACTION IS NECESSARY: Lee County Land Development Code (LDC) requires
that the Lee County School Board present the Capital Improvement Program for
Educational Facilities to the Board of County Commissioners for approval. WHAT ACTION ACCOMPLISHES: Compliance with LDC provisions governing
documentation of the planned use of school impact fee revenue. (#20041643-County Attorney) |
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ACTION REQUESTED: Accept three warranty deeds for segments of Sandy
Lane right-of-way from North Point Lake, LLC and Edward J. McArdle, Trustee;
approve a DRI proportionate share offset for the Coconut Point DRI in the
total amount of $2,757,358.80; authorize the County Attorney’s Office to
accept and record documents related to the right-of-way transaction. WHY ACTION IS NECESSARY: Florida Statutes requires Board acceptance of land
transfers to the County. WHAT ACTION ACCOMPLISHES: It satisfies the requirements related to the
transfer of land to support construction of Sandy Lane right-of-way in
accordance with the Coconut Point DRI Development Order and Development
Agreement. (#20041652-County
Attorney) |
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ACTION REQUESTED: Accept six warranty deeds for segments of Sandy
Lane right-of-way between the Eastern Railroad right-of-way boundary and
Corkscrew Road; approve impact fee credits in the total amount of
$1,262,206.80; authorize the County Attorney’s Office to accept and record
documents related to the right-of-way transaction. WHY ACTION IS NECESSARY: Florida Statutes requires Board acceptance of land
transfers to the County. WHAT ACTION ACCOMPLISHES: It satisfies the requirements related to the
transfer of land to support construction of Sandy Lane right-of-way in
accordance with the Coconut Point DRI Development Order and Development
Agreement. (#20041658-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).
(#20041623-Clerk of Courts) |
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December
21, 2004
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1. |
COUNTY ADMINISTRATION |
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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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ACTION REQUESTED: Approve an Interlocal Agreement with Charlotte
County to provide the Boca Grande Community Planning Association Inc.
additional public financial support in the development of the Boca Grande
Community Plan. Approve Budget
Amendment Resolution for unanticipated revenue of $20,000.00. WHY ACTION IS NECESSARY: To allow Lee County to administer an additional
$20,000.00 pass through funds that will be provided by Charlotte County for
the Boca Grande Community Plan. Board
approval is required for Budget Amendment Resolutions. WHAT ACTION ACCOMPLISHES: Sets forth terms for Lee County to receive pass
through funding from Charlotte County for the development of the Boca Grande
Community Plan. (#20041513-Planning) |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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ACTION REQUESTED: Authorize: (1) Approval of the purchase of Parcel
184, Conservation 2020 Land Acquisition Program, Project No. 8800, located in
Section 15, Township 45, Range 22 on Pine Island, in the amount of
$2,116,400; (2) the Chairman on behalf of the Board of County Commissioners
to execute Purchase Agreement; (3) payment of necessary costs and fees to
close; and (4) the Division of County
Lands to handle and accept all documentation necessary to complete
transaction and grant time extension to close, if necessary. WHY ACTION IS NECESSARY: The Board must formally accept all real estate
conveyances to Lee County. WHAT ACTION ACCOMPLISHES: The acquisition of one of the properties
recommended by the Conservation Land Acquisition and Stewardship Advisory
Committee and approved for acquisition on Blue Sheet 20031501. (#20041481-County Lands) |
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7. |
PUBLIC SAFETY |
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ACTION
REQUESTED: Approve Bid Waiver # W-050118 to waive the formal
quoting process and authorize the purchase of helicopter fuel for Public
Safety/EMS from PrivateSky Aviation Services, Inc. A bid waiver has been requested because PrivateSky requires
that any and all fueling of aircraft on its property be coordinated and
purchased through PrivateSky. It is
also requested that the term of this waiver mirror the length of the lease
agreement with this vendor which was approved by the Board on November 4,
2003; with a not to exceed amount of $120,000 annually. WHY ACTION
IS NECESSARY: Expenditures exceeding $50,000 require Board
approval. WHAT ACTION
ACCOMPLISHES: Allows for the purchase of helicopter fuel from
PrivateSky Aviation at Southwest Florida International Airport. (#20041637-EMS) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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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) |
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ACTION
REQUESTED: Approve Bid Waiver # W-050112 to waive the formal
quoting process and authorize the purchase for Solid Waste of one Volvo
L-110E loader from Flagler Construction Equipment, LLC at a price of $145,441
using a 36 month lease/purchase agreement with an interest rate of 3.79% and
including trade-in of a 1994 Volvo Michigan L-120 rubber tire wheel
loader. Monthly payment will be
$4,292.39. Also, authorize the Board
Chairman on behalf of the BOCC to execute and sign the Volvo Lease-Purchase
Agreement at time of delivery. WHY ACTION
IS NECESSARY: Expenditures exceeding $50,000 require Board
approval. WHAT ACTION
ACCOMPLISHES: Provides the County and its contracted operator
(Covanta) with a replacement loader to be used for loading and handling solid
waste and ash residue at the waste to energy facility. (The loader currently in use has logged
over 17,000 hours of use and has become increasingly costly to
maintain.) Savings to taxpayers:
approximately $8,500. Covanta will
reimburse the County the total cost of the loader. (Please see Background.)
(#20041635-Solid Waste) |
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9. |
TRANSPORTATION |
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10. |
UTILITIES |
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11. |
PARKS AND RECREATION |
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12. |
COUNTY ATTORNEY |
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ACTION REQUESTED: Approve the Amendment to Resolution of Necessity
for the acquisition and condemnation of Parcels 102-A, 102-B, 103-A, 103-B,
and 105, required for the Koreshan Boulevard Extension now known as Estero
Parkway (Three Oaks Parkway to Ben Hill Griffin Parkway), Project No. 5021. WHY ACTION IS NECESSARY: The Board must formally approve the Amendment to
Resolution of Necessity prior to proceeding with condemnation of these
parcels, which are necessary for the project. WHAT ACTION ACCOMPLISHES: Allows the County to proceed with condemnation, if
necessary, so parcels can be acquired for the Koreshan Boulevard Extension
now known as Estero Parkway (Three Oaks Parkway to Ben Hill Griffin Parkway),
Project No. 5021. (#20041626-County
Attorney) |
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ACTION REQUESTED: Direct a non-emergency ordinance amending Lee
County Ordinance #04-17 and authorizing the Copper Oaks Community Development
District to exercise additional special powers to public hearing on January
11 or 25 , 2005 at 9:30 a.m. or as soon thereafter as may be heard; Provide direction to county staff as to
whether the proposed ordinance requires review by the Executive Regulatory
Oversight Committee prior to public hearing. WHY ACTION IS NECESSARY: Copper Oaks Community Development District has
petitioned the Board for consent to exercise additional powers provided for
under F.S. §190.012 (2)(a) and (d)
pertaining to recreation and security systems. WHAT ACTION ACCOMPLISHES: Allows response to District’s petition by
providing a forum to evaluate the appropriateness of the request. (#20041672-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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December 21, 2004
Walk On |
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ACTION REQUESTED: WHY ACTION IS NECESSARY:
Ratification of such action is required under
Florida Statutes Chapter 159.
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ACTION REQUESTED:
WHY ACTION IS NECESSARY:
WHAT ACTION ACCOMPLISHES: |