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

 

David M. Owen County Attorney

 

 

February 15, 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:

Reverend Dennis Gingerich

Cape Christian Fellowship

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

 

 

·         

Library Appreciation Month Resolution

 

 

(Commissioner St. Cerny-#20050144)

 

 

·         

Carletha Griffin Appreciation Resolution

 

 

(Commissioner Judah-#20050163)

 

 

 

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 15, 2005 

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

Award and authorize staff to enter into a Construction Manager Agreement for RFQ-05-01 Northwest Regional Library, to Karr Group, Inc. DBA Casey Construction for the sum of five (5%) percent of the total construction cost of the project.  Also request Board approve waiving of any 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 required.

WHAT ACTION ACCOMPLISHES:

Provides Construction Management services for the construction of a regional library for the Lee County Library Division.  Construction of the 40,000 square foot, single story structure will include site development, concrete, masonry, structural steel, metal joists, roofing, interior finishes, furnishings, library equipment, electrical systems, telecommunications infrastructure, plumbing and mechanical systems.  (#20050116-Construction and Design)

 

 

(b)

ACTION REQUESTED:

Award and authorize staff to enter into a Construction Manager Agreement for RFQ-05-02 LEE COUNTY TAX COLLECTOR- North BRANCH OFFICE, to Gary Wilkes, Inc. for the sum of seven (7%) percent of the total construction cost of the project.  Also request Board approve waiving of any 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 required.

WHAT ACTION ACCOMPLISHES:

Provides Construction Management services for the construction of a North Branch Office for the Lee County Tax Collector.  The 9,000 square foot, single story structure construction will include site development, concrete, masonry, structural steel, metal joists, roofing, interior finishes, furnishings, electrical systems, telecommunications infrastructure, plumbing and mechanical systems.  (#20050118-Construction and Design)

 

 

(c)

ACTION REQUESTED:

Approve Addendum to the Construction Manager Agreement, for RFQ-02-06 Lakes Regional Library, with Compass Construction Inc. (Contract #2369) to include the Guaranteed Maximum Price (GMP) for Phase III, in the amount of $768,981.61 (includes the 5% CM Fee of $36,618.00).  This Addendum was anticipated and the funds are within the project budget.  Also request Board approve waiving of any 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 required.

WHAT ACTION ACCOMPLISHES:

Provides Construction Management for Phase III of Lakes Regional Library construction, which includes furniture, fixtures, and equipment.  (#20050134-Construction and Design)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Accept a Petition to Vacate a 12-foot wide existing platted Drainage and Public Utility Easement situated at 9911 Bavaria Rd., Fort Myers, Florida, located off of Treeline Ave. and adopt a resolution, setting a Public Hearing for 5:00 PM on the 22nd day of March 2005.  (Case No. VAC2004-00061)

WHY ACTION IS NECESSARY:

To construct an industrial building on the combined Lots 7 and 8.  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.  (S15-T45S-R25E)  (#5)  (#20041716-Development Services)

 

 

(b)

ACTION REQUESTED:

Accept a Petition to Vacate a portion of 200 feet wide County Road Right-of-Way known as Meeting Street located west of Lemon Street and east of Date Street, in between adjoining properties at 2421 and 2481 Lemon St., St. James City, Florida, and adopt a resolution, setting a Public Hearing for 5:00 PM on the 22nd day of March 2005.  (Case No. VAC2004-00072)

WHY ACTION IS NECESSARY:

Vacation of the public interest will allow assembly of a larger lot.  The vacation of this right-of-way will not alter traffic and drainage conditions and the right-of-way are not necessary to accommodate any future traffic and drainage requirement.

WHAT ACTION ACCOMPLISHES:

Sets the time and date of the Public Hearing.  (S2-T46S-R22E)  (#1)  (#20050058-Development Services)

 

 

(c)

ACTION REQUESTED:

Accept a Petition to Vacate a 12-foot wide Public Utility Easement located at 534 & 538 Meadow Rd., Lehigh Acres, Florida, and adopt a resolution, setting a Public Hearing for 5:00 PM on the 22nd day of March 2005.  (Case No. VAC2004-00067)

WHY ACTION IS NECESSARY:

To build a 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.  (S5-T45S-R26E)  (#5)  (#20050092-Development Services)

 

 

(d)

ACTION REQUESTED:

Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-05-05 AFFORDABLE HOUSING METHODOLOGY, in the following order of ranking, and authorize contract negotiations to commence with the number one ranked firm:  (1) Clarion Associates; (2) James Duncan and Associates; (3) Fishkind & Associates, Inc., and (4) Center for Urban Policy Research (CUPR).

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides for a Consultant who will develop a legally supportable methodology that will accurately and reasonably assess the impacts of commercial developments on affordable housing and provide the means to adequately mitigate these impacts.  (#20050119-Community Development)

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve and execute a utility easement to FPL for the Lakes Regional Library 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 Lakes Regional Library.  (#20050108-County Lands)

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Approve award of Quote # Q-050089, the purchase of Medical Products-Laerdal for Emergency Medical Services, for the Division of Public Safety (EMS), to the low quoters Laerdal Medical Corp., NASCO, Tri-Anim Health Services, Inc. and Southeastern Emergency Equipment per item as indicated on the attached tab sheet 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, at the expiration of the original term. Estimated annual expenditures for these materials will be $92,000. Funding will come from the individual divisions budget and they will be responsible for monitoring their own expenditures.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Establishes competitive pricing for the purchase of these materials. Estimated annual savings would be $16,000.  (#20050096-EMS)

 

 

(b)

ACTION REQUESTED:

Authorize Chairman to approve an amendment and change order to an interlocal agreement with the City of Cape Coral pertaining to fire protection services within the Burnt Store Area Fire Service MSTU from $350,000 annually to $442,000, and furnish an additional $105,000 annually for fire prevention services.  Funds are available.

WHY ACTION IS NECESSARY:

Changes to interlocal agreements require Board approval.

WHAT ACTION ACCOMPLISHES:

Addresses the cost of increased fire protection services to residents of the Burnt Store MSTU District by the City of Cape Coral, and provides fire prevention services to the District.  (#20050127-Public Safety)

 

 

(c)

ACTION REQUESTED:

Approve and execute an Agreement to present an application for Citizen Corps Grant to the State of Florida Division of Emergency Management.

WHY ACTION IS NECESSARY:

Grant requests require Board approval.

WHAT ACTION ACCOMPLISHES:

Authorizes Lee County Emergency Management to apply for a grant to fund Citizen Corps program in the amount of $20,000.00.  (#20050135-Emergency Management)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Increase the annual contract expenditure amount under B-04-15, Annual Contract for Cleaning and Snagging, for the Division of Natural Resources, from $1,000,000.00 to $4,000,000.00 for the first year of the contract (05/18/04–05/17/05) and the second year of the contract (05/18/05-05/17/06) if renewal option is exercised.

WHY ACTION IS NECESSARY:

Increases in Board approved contracts over level four authorization require approval by the Board.

WHAT ACTION ACCOMPLISHES:

Allows completion of various projects under existing contract including work performed under NRCS grant for Hurricane Debris Removal.  (#20050123-Natural Resources)

 

 

(b)

ACTION REQUESTED:

Approve the award of Project # PB050221, the purchase of seven new International trucks for Solid Waste, from Mauldin International Trucks, at the Florida Sheriffs Association Bid Award base price of $57,621 each–plus contract and non-contract options not-to-exceed $11,428 each – for a total NTE price each of $69,049.  Grand total: $483,343.  (Please note: Solid Waste will bring a blue sheet for Board approval at a later date for personnel requirements.)  Also approve transfer of reserves in the amount of $483,343.

WHY ACTION IS NECESSARY:

Purchases exceeding $50,000 require Board approval.

WHAT ACTION ACCOMPLISHES:

Provides the Solid Waste Division with the ability to transport solid waste from its three transfer stations.  (#20050143-Solid Waste)

 

 

(c)

ACTION REQUESTED:

Execute Amendment No. 2 to Agreement C-13112 with the South Florida Water Management District (SFWMD) for the Ten Mile Canal Filter Marsh.  The amendment extends the agreement to January 10, 2007 with minor modifications to the payment and deliverable schedule, which do not affect the overall District participation.

WHY ACTION IS NECESSARY:

Board approval is required for all contracts and amendments thereto.

WHAT ACTION ACCOMPLISHES:

Provides time extension allowing for project completion.  (#20050147-Natural Resources)

 

 

(d)

ACTION REQUESTED:

Authorize the Solid Waste Division to add one full time position.  This position is for Project Manager for the WTE Expansion Project and may be a temporary contract employee.  Approve transfer of funds from reserves in the amount of $98,500.00 to fund remaining portion of FY 04-05 budget if candidate is a direct employee.

WHY ACTION IS NECESSARY:

Board approval required for new positions.

WHAT ACTION ACCOMPLISHES:

Provides the Solid Waste Division with personnel necessary to provide additional facilities to meet the ever-increasing demands placed on the solid waste system.  (#20050148-Solid Waste)

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve the Roadway Lighting System Maintenance Agreement with the Florida Department of Transportation for roadway lighting on Metro Pkwy. (SR739) from Six Mile Cypress to Daniels Parkway. Also, approve the Resolution authorizing the Chairman to execute this agreement.

WHY ACTION IS NECESSARY:

Requires Board Of County Commissioners approval for agreements.

WHAT ACTION ACCOMPLISHES:

This agreement establishes the commitment of Lee County to serve as the maintaining local agency for roadway lights on Metro Pkwy. (SR739) from Six Mile Cypress to Daniels Parkway.  (#20050105-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve Supplemental Task Authorization No. 1 to Contract #2932, to Q. Grady Minor & Associates, P.A., under CN-04-14, MISCELLANEOUS UTILITY ENGINEERING DESIGN AND/OR INSPECTION SERVICES - A & W Bulb Rd., Bass Rd., and Gladiolus Drive Utility Adjustment to Final project, in the amount of $72,730.00.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides the County with a consultant already on contract that can provide professional utility engineering services for the A&W Bulb Rd. Bass Rd, and Gladiolus Drive Utility Adjustment to Final.  (#20050124-Utilities)

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Approve settlement in property case of Lee County v. Banner Supply Company, Case No. 04-4134CA

WHY ACTION IS NECESSARY:

Only the Board can conclude litigation.

WHAT ACTION ACCOMPLISHES:

Ends litigation favorably to Lee County.  (#20050128-County Attorney)

 

 

(b)

ACTION REQUESTED:

Approve Interlocal Agreement between the County and City of Fort Myers for the construction and occupancy of the City Trailhead Fire-EMS Station located at the northwest corner of Veronica S. Shoemaker and Shoemaker Lane.

WHY ACTION IS NECESSARY:

The Board approves Interlocal Agreements.

WHAT ACTION ACCOMPLISHES:

Allows the County to fund construction costs up to one and one-half million dollars ($1,500,000.00) and the City to fund construction costs up to five hundred-fifty thousand dollars ($550,000.00) for a station to be owned by the city and built on city-owned property.  (#20050132-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).  (#20050153-Clerk of Courts)

 

 

(b)

ACTION REQUESTED:

Approve payment of delinquent tax overbid claim-Agel.

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.  (#20050154-Clerk of Courts)

 

 

(c)

ACTION REQUESTED:

Approve payment of delinquent tax overbid claim-Lee County BOCC.

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.  (#20050155-Clerk of Courts)

 

 

ADMINISTRATIVE AGENDA

February 15, 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

 

 Text Box: CONVENE AS THE LEE COUNTY GOVERNMENTAL LEASING CORPORATION

 

 

 

 

 


(a)

ACTION REQUESTED:

Meet as Board of Directors of the Lee County Governmental Leasing Corporation to hold Annual Meeting and approve 2005 Annual Report.

WHY ACTION IS NECESSARY:

To meet requirements of Florida Statute 617.

WHAT ACTION ACCOMPLISHES:

Maintains non-profit corporate status.  (#20050029-County Attorney)

 

 Text Box: RECONVENE AS THE LEE COUNTY BOARD OF COUNTY COMMISSIONERS

 

 

 

 


(b)

ACTION REQUESTED:

Approve the Resolution of Necessity for the acquisition and condemnation of parcels required for the Matlacha Park Expansion 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 Matlacha Park Expansion Project.  (#20050120-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

 

 WALK ON AGENDA

February 15, 2005

 

Walk On

 

ACTION REQUESTED:
Approve the purchase of a +/-2 acre parcel of land for the Pine Island Boat Ramp Project No. 203090, pursuant to the terms and conditions as set forth in the Purchase Agreement; authorize the Chairman on behalf of the Board of County Commissioners to sign the Purchase Agreement, authorize payment of necessary fees to close; authorize the Division of County Lands to handle and accept all documentation necessary to complete the transaction. The purchase price is $3,000,000.00. Also approve Budget Transfer of $1,530,000.00 from General Reserves and Budget Resolution to increase the Pine Island Boat Ramp Project and amend FY 04/05 – 08/09 CIP accordingly.

WHY ACTION IS NECESSARY:
The Board must formally accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:
The acquisition of a +/-2 acre site for a Pine Island Boat Ramp.  (#20050223-County Lands)