District #1

Bob Janes

District #2

Douglas St. Cerny

Chairman

District #3

Ray Judah

District #4

Tammy Hall

Vice Chair

District #5

John E. Albion

Donald D. Stilwell,

County Manager

Robert W. Gray,

Deputy County Attorney

January 11, 2005

9:30 AM

Invocation:

Pastor Walter Still

Peace Lutheran Church

Pledge of Allegiance

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 a non-emergency ordinance amending Lee County Ordinance #04-17 authorizing the Copper Oaks Community Development District to exercise additional special powers in accordance with F.S. §190.012 (2)(a) and (d).   (#20041718-County Attorney)

Walk-ons and Carry-overs

Commissioners' Items/Committee Appointments

County Manager Items

County Attorney Items

Adjourn until 5:00 PM

1.

COUNTY ADMINISTRATION

2.

CONSTRUCTION AND DESIGN

(a)

ACTION REQUESTED:

Award the Construction Management Agreement under RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as Lee County Justice Center Expansion Project – Temporary Office Facilities, to Target Builders Inc., with a Guaranteed Maximum Price of $540,000.00 (includes CM fee of $40,000.00 or 7.4%).  At this time it is being requested that the Board approve waiving of the formal process (if needed) and authorize the use of the Direct material Purchase Orders based on CM’s competitive process, which allows the County to purchase directly from suppliers of equipment and/or materials as a cost/time saving measure.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Provides the County with a Construction Manager to relocate departments in the Justice Center, Heitman Building and Justice Center Annex on a temporary basis to facilitate the new construction and renovation.  (#20041639-Construction and Design)

(b)

ACTION REQUESTED:

Approve for acceptance and filing with the Minutes Department of the Clerk’s Office, an after-the-fact emergency under E-04-03, City of Palms Stadium Resolution No.03-11-31, Supplemental Task Authorization No. 2, CN-04-11, MISCELLANEOUS ARCHITECTURAL SERVICES, Parker/Mudgett/Smith Architects, Inc., Contract 2866, in the amount of $58,270.00.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Provides after-the-fact approval under the emergency City of Palms Resolution with a Consultant for the design of the improvements for the City of Palms Stadium.  (#20041703-Construction and Design)

(c)

ACTION REQUESTED:

Award the Construction Management Addendums under RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, for the projects known as Pine Island Elementary School Lighting with a Guaranteed Maximum Price of $466,926.44 (includes CM fee of $38,553.56) and the Phillips Park Lighting and Service Replacement with a Guaranteed Maximum Price of $437,884.00 (includes CM fee of $36,155.62) to Lodge Construction, Inc.  At this time it is being requested that the Board approve waiving of the formal process (if needed) and authorize the use of the Direct Material Purchase Orders based on the CM’s competitive process, which allows the County to purchase directly from suppliers of equipment and/or materials as a cost/time saving measure.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Provides the County with a Construction Manager that will provide any and all services needed for the Pine Island Elementary School Lighting and Phillips Park Lighting and Service Replacement projects.  (#20041719-Construction and Design)

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

5.

HUMAN SERVICES

6.

INDEPENDENT

(a)

ACTION REQUESTED:

Approve Easement Purchase Agreements (2) for reimbursement of construction costs and acquisition of Parcels 101A, B, C, D & Pond Site for Corkscrew Road Service Area (CRSA) MSBU Road Widening Project No. 4723, in the amount of $59,760.48; 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:

Acquisition of property necessary for the widening of Corkscrew Road.  (#20041675-County Lands)

(b)

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.  (#20041698-County Lands)

7.

PUBLIC SAFETY

(a)

ACTION REQUESTED:

Request the Board adopt a resolution certifying that monies from the County EMS Award Grant Program be used to improve and expand the County’s existing EMS Prehospital System.

WHY ACTION IS NECESSARY:

Resolution must accompany Grant application certifying that the funds received will be used to improve and expand Prehospital EMS in Lee County.

WHAT ACTION ACCOMPLISHES:

Completes application process that would entitle Lee County to County EMS Award Grant money.  (#20041721-EMS)

8.

SOLID WASTE-NATURAL RESOURCES

9.

TRANSPORTATION

(a)

ACTION REQUESTED:

Approve an after-the-fact waiving of the formal process for BW-05-06, for software purchase and maintenance, for the Department of Transportation, Traffic Section, in the amount of $285.78 to CarteGraph for a total contract amount of $50,285.79.  Also, request Board approval of continuing yearly maintenance agreement for the software.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides the Traffic Section of the Department of Transportation with required approval of the software purchase and continued maintenance for this traffic maintenance program.  (#20041692-Transportation)

10.

UTILITIES

(a)

ACTION REQUESTED:

Approve construction of a water and gravity main extensions serving Riva Del Lago.  This is a Developer-contributed asset project located approximately 1/2 mile north of Gladiolus Drive and 800 feet west of US 41.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to this proposed multi-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.  (#20041439-Utilities)

(b)

ACTION REQUESTED:

Approve final acceptance, by Resolution, and recording of one (1) utility easement as a donation of one (1) 8” diameter fire line serving Hill, Barth & King a/k/a Reflection Lakes Commercial Center, Lot 8. This is a Developer Contributed asset project located on the west side of Summerlin Lakes Drive, approximately 1,500 feet south of Cypress Lake Drive.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Places the fire line into operation and complies with the Lee County Utilities Operations Manual.  (#20041575-Utilities)

(c)

ACTION REQUESTED:

Approve construction of a water distribution and gravity collection system serving Hawk’ s Haven Entry Roadway and Sales Facility.  This is a Developer contributed asset and the project is located along the south side of S.R. 80 approximately ½ mile east of Buckingham Road.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to this phase of the future residential development.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support this phase including future development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20041576-Utilities)

(d)

ACTION REQUESTED:

Approve final acceptance, by Resolution and recording of two (2) utility easements, as a donation of a fire hydrant and gravity main extension serving Zurich Investment Building.  This is a developer contributed asset project located on the east side of San Carlos Blvd approximately 1000’ south of Kelly Road.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection, and sanitary sewer service to the recently constructed commercial development.

WHAT ACTION ACCOMPLISHES:

Places the water and wastewater facilities into operation and complies with the Lee County Utilities Operations Manual.  (#20041577-Utilities)

(e)

ACTION REQUESTED:

Approve final acceptance by Resolution as a donation of water distribution and gravity collection systems serving Grande Oak, Phase 10, Tract 5.  This is a developer contributed asset project located on the north side of Corkscrew Road, approximately 1 mile east of Ben Hill Griffin Parkway in Estero.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Places the water and wastewater facilities into operation and complies with the Lee County Utilities Operations Manual.  (#20041578-Utilities)

(f)

ACTION REQUESTED:

Award B-05-03, OLGA WATER TREATMENT PLANT ALUM/LIME SLUDGE REMOVAL, for the Division of Utilities, to the sole bidder meeting all bidding requirements to Karle Enviro-Organic Recycling, Inc. for a total Lump Sum Amount of $205,920.00. This contract will be for a period of One (1) year with Four (4) one-year renewable terms for a total of Five (5) years.

WHY ACTION IS NECESSARY:

Requires Board Approval.

WHAT ACTION ACCOMPLISHES:

Approves the services of a Contractor for removal of Alum/Sludge from four (4) sludge lagoons and disposal off-site within all Federal, State and County rules and regulations.  (#20041711-Utilities)

11.

PARKS AND RECREATION

12.

COUNTY ATTORNEY

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

(a)

ACTION REQUESTED:

Approve disbursements.

WHY ACTION IS NECESSARY:

Florida Statute Chapter 136.06(1) requires that all County disbursements be recorded in the Minutes of the Board.

WHAT ACTION ACCOMPLISHES:

Compliance with the requirements of FS 136.06(1).  (#20041676-Clerk of Courts)

1.

COUNTY ADMINISTRATION

2.

CONSTRUCTION AND DESIGN

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

5.

HUMAN SERVICES

6.

INDEPENDENT

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

9.

TRANSPORTATION

10.

UTILITIES

11.

PARKS AND RECREATION

12.

COUNTY ATTORNEY

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

Walk On

ACTION REQUESTED:
Approve a First Amendment to the Interim Development Agreement between Covanta, Inc. and Lee County for the construction of the Third Unit to the Waste-to-Energy Facility.

WHY ACTION IS NECESSARY:
The Memorandum of Understanding (MOU) contemplated to be completed by December 21, 2004 was not completed, thereby requiring an extension of time for its completion.

WHAT ACTION ACCOMPLISHES:
Revises the completion date for the MOU to January 25, 2005.  (#20050004-County Attorney)

Carry Over

ACTION REQUESTED:
Approve the proposed contract for employment of the County Attorney.  Approve and authorize Chairman to execute agreement between Lee County and James E. Messer for employment as the County Attorney.

WHY ACTION IS NECESSARY:
The Board of County Commissioners hires the County Attorney through an employment agreement.

WHAT ACTION ACCOMPLISHES:
Establishes the terms and conditions of employment for the County Attorney.  (#20041722-County Commission)
 

5:00 PM

(#1)

Public Hearing

ACTION REQUESTED:

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate a 12-foot wide Drainage and Public Utility Easement located at 923 Hepburn Ave., Lehigh Acres, Florida 33936  (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:

Vacates the Drainage and Public Utility Easement.  (S28-T45S-R27E)  (#5)  (#20041663-Development Services)

(#2)

Public Hearing

ACTION REQUESTED:

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate a 50-foot wide County Road Right-of-Way Easement located on Lot 10, Plan of Riverside subdivision, south of and abutting 27071 S. Riverside Dr., Bonita Springs, Florida.  (Case No. VAC2004-00057)

WHY ACTION IS NECESSARY:

To provide for the conveyance of ownership of the lot to the petitioner.  The vacation of this right-of-way will not alter existing traffic or drainage conditions and the right-of-way is not necessary to accommodate any future traffic or drainage requirement.

WHAT ACTION ACCOMPLISHES:

Vacates the right-of-way.  (S35-T47S-R25E)  (#5)  (#20041687-Development Services)

(#3)

Public Hearing

ACTION REQUESTED:

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate six (6) 12-foot wide Public Utility and Drainage Easements at Pangola Dr., North Fort Myers, Florida, located off of Orange Grove Blvd, which intersects Hancock Bridge Parkway.  (Case No. VAC2004-00054)

WHY ACTION IS NECESSARY:

To build six (6) single-family residences on the combined 12 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:

Vacates the Drainage and Public Utility Easement.  (S9-T44S-R24E)  (#4)  (#20041689-Development Services)

(#4)

Public Hearing

ACTION REQUESTED:

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate a 12-foot wide Public Utility Easement located at 3314  66^th St. W., Lehigh Acres, Florida 33971  (Case No. VAC2004-00025)

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:

Vacates the Public Utility Easement.  (S2-T44S-R26E)  (#5)  (#20041691-Development Services)

(#5)

Public Hearing

ACTION REQUESTED:

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate a 12-foot wide Public Utility Easement located at 1223 Fitch Ave., Lehigh Acres, Florida.  (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:

Vacates the Public Utility Easement.  (S13-T44S-R27E)  (#5)  (#20041726-Development Services)

(#6)

Public Hearing

ACTION REQUESTED:

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate a 12-foot wide Public Utility Easement located at 407 Broadway Ave., Lehigh Acres, Florida, (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:

Vacates the Public Utility Easement.  (S27-T44S-R27E)  (#5)  (#20041725-Development Services)

(#7)

Public Hearing

ACTION REQUESTED:

Approve Resolution of Final Assessment for the Palm Frond Sewer Line Municipal Services Benefit Unit (MSBU).

WHY ACTION IS NECESSARY:

The Board is required by Ordinance to adopt Resolution of Final Assessment

WHAT ACTION ACCOMPLISHES:

Allows staff to finalize project, prepare and assess property owners for the project cost.  (#20041602-MSTBU Services)

(#8)

Public Hearing

ACTION REQUESTED:

Conduct a Public Hearing and consider the adoption of an Ordinance to be known and cited as the “Lee County Grease Management” Ordinance.

WHY ACTION IS NECESSARY:

Board must formally adopt an Ordinance at a scheduled, advertised Public Hearing.

WHAT ACTION ACCOMPLISHES:

Implements regulatory requirements for a uniform Grease Management program for food service establishments discharging grease wastewater into the Lee County Utilities wastewater collection system.  (#20040331-County Attorney)

5:05 PM

Public Presentation of Matters by Citizens

Adjourn