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

 

 

February 1, 2005

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 Richard E. Riley

Emmanuel Baptist Church

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

 

 

·         

Spay Day USA Resolution

 

 

(Commissioner Judah-#20050074)

 

 

·         

D. J. Petruccelli (Petro) Appreciation Resolution

 

 

(Commissioner Albion-#20050075)

 

 

 

Recap

 

 

 

Public Comment on the Consent and Administrative Agenda

 

 

 

Consent Agenda:

 

·              

Items to be pulled for discussion by the Board

 

·  

Motion to approve balance of items

 

·  

Consideration of items pulled for discussion

 

 

 

Administrative Agenda

 

 

 

Walk-ons and Carry-overs

 

 

 

Commissioners' Items/Committee Appointments

 

 

 

County Manager Items

 

 

 

County Attorney Items

 

 

 

Adjourn


CONSENT AGENDA

February 1, 2005

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Authorize the establishment of a permanent part time position for the VCB Visitor Services at the Airport.  Position pay grade 013 to be funded from the Visitor & Convention Bureau tourist tax fund @ 60 hours bi-weekly with a salary of $29,999/year.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Allows position to be established and provides for coordination of Volunteers at RSW.  (#20050065-VCB)

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

Approve increase to BW-04-03 with Stewart Securities Systems of $500,000.00 for a total bid waiver amount of $600,000.00 for jail cell door maintenance.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides funds for jail cell door service, repair and replacement parts for an anticipated additional five (5) year period.  (#20050057-Facilities Management)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Accept a Petition to Vacate a 12-foot wide Public Utility Easement located at 702 Leeland Heights Blvd. W. and 703 W. Cleveland Ln., Lehigh Acres, Florida, and adopt a resolution, setting a Public Hearing for 5:00 PM on the 22nd day of February 2005.  (Case No. VAC2004-00070)

WHY ACTION IS NECESSARY:

To construct an office expansion to an existing commercial building 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.  (S32-T44S-R27E)  (#5)  (#20050016-Development Services)

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Authorize: 1) the Division of County Lands to make a binding offer to property owner in the amount of $170,500 for Parcel 306, Imperial Street Widening Project No. 4060, pursuant to the Purchase Agreement; 2) the Division of County Lands to handle and accept all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.  (#20041697-County Lands)

 

 

(b)

ACTION REQUESTED:

Approve Purchase Agreement for acquisition of Parcel 336, Three Oaks Parkway South Extension Project No. 4043, in the amount of $75,000; 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.  (#20041704-County Lands)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Approve release of Performance Bond #DOS96128500D, Reflection Lakes (Flow-way) posted on October 12, 2001 in the amount of $40,884.00 by Engle Homes/Southwest Florida, Inc., and accept responsibility for permanent annual maintenance of the littoral area of the flow-way.  Accept $11,200.00 from Engle Homes for maintenance of the littoral areas of the flow-way during 2005. Approve budget amendment in the amount of $11,200.00 and amend the Surface Water Management FY 04/05 Operating Budget accordingly.

WHY ACTION IS NECESSARY:

Board approval is required to release the Performance Bond, accept the permanent annual maintenance of the Developer owned portion of littoral areas of flow-way, and budget amendments.

WHAT ACTION ACCOMPLISHES:

Releases the Performance Bond posted on October 12, 2001, provides for funding of required exotic plant removal and maintenance of flow-way for FY04/05, and transfers responsibility for permanent annual maintenance of the littoral area of the flow-way to Lee County.  (#20050055-Natural Resources)

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve construction of a water main extension serving Buckingham Estates.  This is a Developer contributed asset and the project is located on east side of Buckingham Road approximately 2000’ north of Orange River Blvd.

WHY ACTION IS NECESSARY:

To provide potable water service and fire protection to this proposed single-family residential subdivision.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20041440-Utilities)

 

 

(b)

ACTION REQUESTED:

Approve final acceptance by Resolution, as a donation of water distribution and gravity collection systems serving Venetian Village, Phase 3B (f//ka Casa Del Lago, Phase 3B).  This is a developer contributed asset project located on the east side of A & W Bulb Road, approximately 2,000’ north of Gladiolus Drive.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Places the water and sewer systems into operation and complies with the Lee County Utilities Operations Manual.  (#20050019-Utilities)

 

 

(c)

ACTION REQUESTED:

Approve final acceptance by Resolution, as a donation of water distribution and gravity collection systems serving Deer Lake, Phase 2, n/k/a Casa Del Lago.  This is a developer contributed asset project located on the west side of Six Mile Cypress Parkway, approximately ½ mile north of Penzance Boulevard.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Places the water and sewer systems into operation and complies with the Lee County Utilities Operations Manual.  (#20050035-Utilities)

 

 

(d)

ACTION REQUESTED:

Approve award of Quote # Q-050077, Landscape Maintenance and Mowing of Water and Wastewater Facilities, to the overall low quoter meeting all specification requirements, Amera-Tech Inc. for a total annual cost of $90,420.00. 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. Funding will come from the individual division’s budget and they will be responsible for monitoring their own expenditures.

WHY ACTION IS NECESSARY:

All expenditures that exceed $50,000 annually must be board approved.

WHAT ACTION ACCOMPLISHES:

Allows the Utilities Division to obtain necessary landscape services.  (#20050041-Utilities)

 

 

(e)

ACTION REQUESTED:

Approve final acceptance by Resolution as a donation of water distribution and gravity collection systems serving Heatherstone at Rookery Pointe.  This is a developer contributed asset project located on the south side of Estero Parkway, approximately 1/4 mile west of Three Oaks Parkway in Estero.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection, and sanitary sewer service to 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.  (#20050046-Utilities)

 

 

(f)

ACTION REQUESTED:

Approve final acceptance, by Resolution, and recording of one (1) Utility Easement as a donation of hydrant branch line and one fire hydrant serving Pine Ridge Commerce Center.  This is a Developer Contributed asset project located on the west side of Pine Ridge Road, approximately 550’ north of Kelly Road.

WHY ACTION IS NECESSARY:

To provide potable water service and fire protection to the recently constructed office/warehouse building.

WHAT ACTION ACCOMPLISHES:

Places the hydrant into operation and complies with the Lee County Utilities Operations Manual.  (#20050047-Utilities)

 

 

(g)

ACTION REQUESTED:

Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of a gravity main extension serving Shoppes at Fiddlesticks.  This is a developer contributed asset project located on the south side of Daniels Parkway approximately 600’ west of Fiddlesticks Boulevard.

WHY ACTION IS NECESSARY:

To provide sanitary sewer service to this proposed future commercial development.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20050048-Utilities)

 

 

(h)

ACTION REQUESTED:

Approve final acceptance, by Resolution, and recording of a utility easement as a donation for one fire hydrant serving ABC Fine Wine and Spirits.  This is a Developer contributed asset project located on the northeast corner of US 41 and Ben C. Pratt Six Mile Cypress Parkway.

WHY ACTION IS NECESSARY:

To provide water service, sewer service and fire protection to the recently constructed commercial building.

WHAT ACTION ACCOMPLISHES:

Places the fire hydrant into operation and complies with the Lee County Utilities Operations Manual.  (#20050049-Utilities)

 

 

(i)

ACTION REQUESTED:

Approve final acceptance, by Resolution, as a donation for one 6” diameter fire line and one (1) fire hydrant serving Gannon’s Antique Center.  This is a Developer contributed asset and the project is located along the east side of US 41 across from Island Park Road.

WHY ACTION IS NECESSARY:

To provide fire protection to the recently constructed commercial building.

WHAT ACTION ACCOMPLISHES:

Places the fire line and fire hydrant into operation and complies with the Lee County Utilities Operations Manual. (#20050050- Utilities)

 

 

(j)

ACTION REQUESTED:

Approve final acceptance, by Resolution, and recording of one (1) utility easement as a donation for a water main extension serving Gulf Coast Center.  This is a State of Florida contributed assets project located on the west side of Buckingham Road approximately 3.5 miles south of Palm Beach Boulevard (SR 80).

WHY ACTION IS NECESSARY:

Provides potable water service to the existing State run residential facility for the mentally and physically impaired.

WHAT ACTION ACCOMPLISHES:

Places the water main into operation and complies with the Lee County Utilities Operations Manual.  (#20050052-Utilities)

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Authorize: (1) approval of the Resolution of Necessity for the acquisition and condemnation of the Fee and/or Easement parcels for the Gunnery Road Widening, Project Number 4055; (2) the Chairman, on behalf of the Board of County Commissioners, to execute the Resolution.

WHY ACTION IS NECESSARY:

Statutorily required.

WHAT ACTION ACCOMPLISHES:

The Resolution of Necessity allows the County to proceed with condemnation, if necessary, so parcels can be obtained for the Gunnery Road Widening, Project Number 4055.  (#20050023-County Attorney)

 

 

(b)

ACTION REQUESTED:

Request Board to approve the Interlocal Agreements with Bonita Springs, Estero, City of Fort Myers, Fort Myers Beach, Iona McGregor, Lehigh Acres, Sanibel, San Carlos Park, and South Trail Fire Departments for licensing fees for the Medical Data Terminals previously purchased by EMS County Award Grant funds.

WHY ACTION IS NECESSARY:

Interlocal Agreement authorizes EMS to collect the licensing fees for Motorola Medical Data Terminals previously purchased with EMS County Award Grant funds.

WHAT ACTION ACCOMPLISHES:

Completes the agreement between Lee County Advanced Life Support Providers and Lee County Government.  (#20050038-County Attorney)

 

 

(c)

ACTION REQUESTED:

Approve the Maintenance Covenants, Memorandum of Understanding, and Interlocal Agreement between the Brooks of Bonita Springs Community Development Districts (I & II), the South Florida Water Management District and Lee County with respect to the emergency control structure located within the County owned Three Oaks Parkway right-of-way.

WHY ACTION IS NECESSARY:

Board approval of the Interlocal Agreement is required.

WHAT ACTION ACCOMPLISHES:

Establishes rights and responsibility with respect to the existence and maintenance of the Control Structure within the County right-of-way.  (#20050059-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).  (#20050076-Clerk of Courts)

 

 

(b)

ACTION REQUESTED:

Approve proposal by Court Administration to expand Pretrial Services to operate 24 hours/7 days per week (24/7).   Approve transfer from General Fund reserves in the amount of $265,617 to fund six months in FY04/05.

WHY ACTION IS NECESSARY:

Board approval is required for funding of expansion of Pretrial Services and transfers from reserves.

WHAT ACTION ACCOMPLISHES:

Allows Court Administration’s Pretrial Services to implement their proposal to operate 24/7.  (#20050079-Court Administration)

 

 

ADMINISTRATIVE AGENDA

February 1, 2005

 

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

 

 

(a)

ACTION REQUESTED:

Approve the Resolution of Necessity for the acquisition and condemnation of parcels required for the Corkscrew Road Curve Realignment Project.

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 Corkscrew Road Curve Realignment Project.  (#20050040-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

 

 WALK ON AGENDA

February 01, 2005

 

Walk On

 

ACTION REQUESTED:
Approve the award of Formal Proposal #P-050058, the purchase of Paratransit Scheduling & Dispatch Software for Lee Tran, to the low proposer meeting specifications, RouteMatch Software, Inc., for the price of $75,850; and authorize the Board Chairman on behalf of the BOCC to execute and sign the accompanying contracts.  Also approve the award of the following Options:  A-Additional Users ($3,300 per user); B-AVL System & MDT Hardware ($143,827); C-AVL & MDT Software ($69,344); D-Annual Software Support (18,705); and E-Annual AVL & MDT Support (7,805).  Grand total cost:  $318,901.  (Please note that none of the responding proposers could offer a web-based system-an exception to the specifications that has been deemed acceptable by Lee Tran.)  Authorization is also requested to expend the funds necessary for maintenance and necessary upgrades over the useful life of the software.  Lee Tran requests Board approval to expend a not-to-exceed amount of $32,000 for incidentals such as, but not limited to, overnight delivery service, miscellaneous items, etc. as necessary to expedite this process and get the software in place as soon as possible.  This purchase will be funded 100% from a Federal Transportation Authority (FTA) grant.

WHY ACTION IS NECESSARY:
Purchases exceeding $50,000 require Board approval

WHAT ACTION ACCOMPLISHES:
Provides Lee Tran with paratransit scheduling software and Automatic Vehicular Locator (AVL) hardware and software for the ADA service.  (20050100-Transit)