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

 

 

April 26, 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:

Dr. Ryan Deaton

Life 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

 

 

 

Walk-ons and Carry-overs

 

 

 

Commissioners' Items/Committee Appointments

 

 

 

County Manager Items

 

 

 

County Attorney Items

 

 

 

Adjourn until 5:00 PM


CONSENT AGENDA

April 26, 2005

  

 1.

COUNTY ADMINISTRATION

 

 

(A)

ACTION REQUESTED/PURPOSE:

Request Board execute Agreement between the Lee County Board of county Commissioners and the Lee County School Board for the Driver’s Education Summer Program and authorize the release of $78,500.00 from the funds collected through Lee County Ordinance #02-28 Dori Slosberg Driver Safety Education Act.  Authorize Chairman to execute contract upon receipt from the Lee County School Board.

WHAT ACTION ACCOMPLISHES:

Provides approval for the release of funds collected for use of the Drivers Education Summer Program with the Lee County School Board.

MANAGEMENT RECOMMENDATION:

Recommend approval  (#20050493-Budget Services)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners to adopt a resolution authorizing the borrowing of up to $800,000 from the Tax Exempt Commercial Paper Program for upgrading of Harbor Drive.  MSBU projects must be included in a resolution prior to funding the improvements with Commercial Paper.

WHAT ACTION ACCOMPLISHES:

Approval of the resolution allows for specific draws on the credit line to be made to provide construction funds.

MANAGEMENT RECOMMENDATION:

Approve Resolution for Commercial Paper  (#20050472-Budget Services)

 

 2.

CONSTRUCTION AND DESIGN

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve Change Order No. 2 to J. L. Wallace, Inc., under RFQ-02-02 Estero Community Park, in the amount of $108,890.00.  This project was in the CIP and the funds are available within the budget.

WHAT ACTION ACCOMPLISHES:

Allows Construction Manager to complete the Estero Community Park project to add a permanent generator and change the emergency lighting.

MANAGEMENT RECOMMENDATION:

Approve  (#20050444-Construction and Design)

 

 3.

COUNTY COMMISSIONERS

 

 4.

COMMUNITY DEVELOPMENT

 

 

(A)

ACTION REQUESTED/PURPOSE:

Accept a Petition to Vacate a 20-foot wide platted Drainage Easement at 12202 and 12196 Country Day Cir., Fort Myers, located of off Daniels Parkway, and adopt a resolution, setting a Public Hearing for 5:00 PM on the 24th day of May, 2005.  (Case No. VAC2005-00010).

WHAT ACTION ACCOMPLISHES:

To provide for development of two (2) residential lots.  The existing drainage pipe and structure within the easement have been relocated to the northeast corner of the development and a replacement drainage easement has been provided for these facilities.  The vacation of this easement will therefore not alter existing drainage conditions and the easement is not necessary to accommodate any future drainage requirements.

MANAGEMENT RECOMMENDATION:

Approve  (#20050432-Development Services) 

 

 

(B)

ACTION REQUESTED/PURPOSE:

Accept a Petition to Vacate a 12-foot wide Public Utility Easement located at 711 and 713 Poinsettia Ave., Lehigh Acres and adopt a resolution, setting a Public Hearing for 5:00 PM on the 24th day of May, 2005. (Case No. VAC2004-00056).

WHAT ACTION ACCOMPLISHES:

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.

MANAGEMENT RECOMMENDATION:

Approve  (#20050459-Development Services)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Award Service Provider Agreement for CN-05-05 AFFORDABLE HOUSING METHODOLOGY, Contract No. 3088 to Clarion Associates for a Not-to-Exceed amount of $99,310.00. Contract completion time is November 7, 2005.

WHAT ACTION ACCOMPLISHES:

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.

MANAGEMENT RECOMMENDATION:

Staff recommends approval  (#20050494-Community Development)

 

 5.

HUMAN SERVICES

 

 6.

INDEPENDENT

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve Purchase Agreement for acquisition of Parcel 263-DE, Three Oaks Parkway South Extension Project No. 4043, in the amount of $2,000; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

The Board avoids Eminent Domain.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20050465-County Lands)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Authorize: 1) approval of Purchase Agreement in Lieu of Condemnation for acquisition of Parcel 304, Imperial Street Widening Project No. 4060, in the amount of $59,250; 2) Chairman, on behalf of the Board, to sign the Purchase Agreement; and 3) the Division of County Lands to handle and accept all documentation necessary to complete transaction and grant an extension to close, if necessary.

WHAT ACTION ACCOMPLISHES:

Allows the County to proceed with the project without resorting to Eminent Domain proceedings.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20050146-County Lands) 

 

 

(C)

ACTION REQUESTED/PURPOSE:

Approve award of Formal Quotation No. C- 050136 Rock, Aggregate, Screenings, Base Material and Sand for Countywide use to the quoters meeting specifications, Southwest Aggregates, Rinker Materials and Florida Rock Industries Inc. at the prices listed on the attached Lee County Tabulation Sheet. The initial term of this quote is one year; also request authority to renew this quote for four additional one-year periods, at the same terms and conditions, if in the best interest of Lee County; and to exercise the price escalator clause as per the specifications on an as-needed basis. Funding will come from the individual department or division’s budget whom will be responsible for monitoring their individual expenditures. The departments will spend approximately $145,000.00 annually.

WHAT ACTION ACCOMPLISHES:

Provides DOT, Parks and other County departments with sources of rock, aggregate, screenings, base material and sand at convenient locations throughout the County and a constant supply of materials since pits may shut down at anytime due to the lack of qualified supply or for mechanical reasons.

MANAGEMENT RECOMMENDATION:

Approve.  (#20050457-Purchasing)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Accept bid of $80,000 and approve Real Estate Sales Agreement for the sale of County Surplus Property located at 1910 Golfside Village Drive, Lehigh Acres, (STRAP Number 27-44-27-02-00005.025A).  Authorize the chairman to execute the County Deed and authorize the Division of County Lands to handle and accept all documentation necessary to complete the transaction.

WHAT ACTION ACCOMPLISHES:

Approves the agreement and conveyance by Lee County for the sale of surplus county real estate, returning it to the tax roll and eliminating any further liability for maintenance and insurance.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20050460-County Lands)

 

 

(E)

ACTION REQUESTED/PURPOSE:

Accept bid of $20,102.10 and approve Real Estate Sales Agreement for the sale of County Surplus Property located at 6950 School Lane, Fort Myers, Florida (STRAP Number 16-44-26-02-0000A.0000).  Authorize the chairman to execute the County Deed and authorize the Division of County Lands to handle and accept all documentation necessary to complete the transaction.

WHAT ACTION ACCOMPLISHES:

Approves the agreement and conveyance by Lee County for the sale of surplus county real estate, returning it to the tax roll and eliminating any further liability for maintenance and insurance.

MANAGEMENT RECOMMENDATION:  Management recommends Board approve the Action Requested.     (#20050461-County Lands)

 

 

(F)

ACTION REQUESTED/PURPOSE:

Approve a third extension to close the Real Estate Sales Agreement between Lee County and Shady Rest Care Pavilion, Inc., a Florida non-profit corporation, up to July 1, 2005; authorize the Director of County Lands or designee, to extend closing up to an additional 60 days to close, if necessary.  Terms of the existing Agreement to remain in effect.

WHAT ACTION ACCOMPLISHES:

Extends the time period to close this transaction.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20050477-County Lands)

 

 

(G)

ACTION REQUESTED/PURPOSE:

Approve special event permit for the Southwest Florida Aviation Foundation to hold their Fort Myers Beach Airshow on May 12 through May 15, 2005.

WHAT ACTION ACCOMPLISHES:

Board approval is required for outdoor events where the expectancy is for 5,000 persons or more a day.

MANAGEMENT RECOMMENDATION:

Approve  (#20050512-Public Resources)

 

 7.

PUBLIC SAFETY

 

 8.

SOLID WASTE-NATURAL RESOURCES

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve award of formal quotation (RFP B&R 2661-SM107B) and issuance of a purchase order to Mitsubishi International Corporation, the low priced proposer, meeting all specification requirements for a steam turbine and generator in the amount of $4,915,200.00.

WHAT ACTION ACCOMPLISHES:

Provides the necessary steam turbine and generator for the Waste To Energy Expansion Project.

MANAGEMENT RECOMMENDATION:

Staff recommends approval of this request.  (#20050495-Solid Waste)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve and authorize the Chairman to sign a contract between Lee County and Tampa Tank, Inc., the low price proposer, meeting all specification requirements for the supply and installation of a field fabricated demineralized water storage tank for an amount of $87,000.00, all in accordance with RFP B&R 2661-141.

WHAT ACTION ACCOMPLISHES:

Provides the necessary demineralized water storage tank for the Waste To Energy Expansion Project.

MANAGEMENT RECOMMENDATION:

Staff recommends approval of Action Requested.   (#20050505-Solid Waste)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Approve and authorize the Chairman to sign Change Order No. 1 to the Professional Service Agreement with Burns and Roe Enterprises, Inc. (Lee Contract No. 2821) amending the amount allowed for the ‘pass-through’ cost for Professional Liability Insurance as provided for in the original agreement to $300,756.00.

WHAT ACTION ACCOMPLISHES:

Allows Burns and Roe to pass on to Lee County the actual cost for liability insurance in accordance with the agreement.  Note:  The final cost of liability insurance was not known upon execution of the agreement and an allowance of $100,000.00 was initially estimated.

MANAGEMENT RECOMMENDATION:

Staff recommends approval of Action Requested.  (#20050429-Solid Waste) 

 

 

(D)

ACTION REQUESTED/PURPOSE:

Approve an after-the-fact increase to Purchase Order 63224 (in lieu of PO 57960) in the amount of $226,160.04 for a total purchase order amount of $376,160.04 to Peterson Organics, Inc. (as issued under E-04-04, Resolution 04-08-61) to provide the Solid Waste Division with removal and disposal of vegetative mulch resulting from the debris removal activities resulting from Hurricane Charley.

WHAT ACTION ACCOMPLISHES:

Provides approval for the additional work required to transport and dispose of the storm material.

MANAGEMENT RECOMMENDATION:

The Lee County Solid Waste Division requests that the County Manager's office recommend approval of this item.   (#20050475-Solid Waste)

 

 9.

TRANSPORTATION

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve Change Order No. 5 to APAC-Southeast, under B-04-06 U.S. 41 (SR 739) Mariana Avenue to North of Littleton Road, in the amount of $72,746.11 for signalization costs.  Also approve Budget Transfer of $72,747 from the Transportation Capital Improvement Fund Reserves to U.S. 41 (SR 739) Mariana Avenue to North of Littleton Road project and amend FY 04/05 – 08/09 CIP accordingly.  This Change Order was anticipated and funds will be available upon execution of the transfer request.

WHAT ACTION ACCOMPLISHES:

Provides Lee County with a Contractor to provide signalization for the U.S. Business

41 widening project.

MANAGEMENT RECOMMENDATION:

Lee County Department of Transportation requests that the County Manager's office recommend approval of this item.   (#20050471-Transportation)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-05-06 BURNT STORE ROAD WIDENING – PINE ISLAND ROAD TO VAN BUREN PARKWAY, in the following order of ranking, and authorize contract negotiations with the number one ranked firm:  (1) TY Lin International, (2) Dyer, Riddle, Mills & Precourt, Inc., (3) Jacobs Civil, Inc.

WHAT ACTION ACCOMPLISHES:

Provides Lee County with a consultant to design and permit the widening of Burnt Store Road (Pine Island Road to Van Buren Parkway) from two (2) lanes to four (4) lanes in accordance with the corridor study currently being conducted.

MANAGEMENT RECOMMENDATION:

Approve  (#20050438-Transportation)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Approve expenditure of $34,185 in support of the Lee County Metropolitan Planning Organization (MPO) for FY 05/06, as required by Interlocal Agreement.

WHAT ACTION ACCOMPLISHES:

Provides Lee County’s share of local government financial support to the MPO.

MANAGEMENT RECOMMENDATION:

Approve  (#20050478-Transportation)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Approve the Addendum to the Construction Manager Agreement under RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as Fence Construction for Veterans Parkway to Westco Builders of Florida Inc., for the Guaranteed Maximum Price (GMP) of $348,125.00 (includes $27,447.00 CM fee). Also request that the Board approve waiving of the formal process (if needed) and authorize the use of the Direct Material Purchase Orders as provided for in the CM agreement with Lee County, which allows the County to purchase directly from suppliers of equipment and/or materials as a cost/time saving measure.

WHAT ACTION ACCOMPLISHES:

Provides Lee County with a Construction Manager to install the Veterans Parkway Fence with a 6 foot high precast product.

MANAGEMENT RECOMMENDATION:  Staff recommends approval (#20050499-DOT)

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve the following Minutes of the Lee County Board of County Commissioners:  January 06, 2003 (Management & Planning); March 11, 2003 (Regular); May 05, 2003 (Zoning); June 24, 2003 (Regular); June 25, 2003 (Lee Plan Transmittal); June 26, 2003 (Budget Workshop); September 02, 2003 (Regular); September 04, 2003 (Budget PH); September 09, 2003 (Executive Session); September 15, 2003 (Zoning); September 23, 2003 (Regular); October 20, 2003 (Zoning); January 13, 2004 (Regular); January 20, 2004 (Regular); January 27, 2004 (Regular).

MANAGEMENT RECOMMENDATION:

Approve  (#20050523-Clerk of Courts)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve the following Minutes of the Lee County Board of County Commissioners:  February 16, 2004 (Zoning); October 18, 2004 (Zoning); March 08, 2004 (Management & Planning); March 09, 2004 (Comp Plan Amend); April 05, 2004 (Management & Planning); May 03, 2004 (Management & Planning) May 03, 2004 (Zoning); June 07, 2004 (Management & Planning); December 06, 2004 (Special); December 21, 2004 (Executive Session)

MANAGEMENT RECOMMENDATION:

Approve  (#20050524-Clerk of Courts)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Approve disbursements.

WHAT ACTION ACCOMPLISHES:

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

MANAGEMENT RECOMMENDATION:

Approve  (#20050497-Clerk of Courts)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Present financial report for information purposes.

WHAT ACTION ACCOMPLISHES:

To provide interim reporting on selected funds and revenues of the Lee County Board of County Commissioners.  Included in the report in compliance with Chapter 218.415 Florida Statutes, Local Government Investment Policies is the stated and fair market value of the investments managed by the Clerk’s Office.  Additionally, In pursuant to Lee County Ordinance 02-28 activity for the Driver’s Education Safety Trust Funds.  The purpose of this report is to convey to you the financial status of selected significant funds of the Lee County Board of County Commissioners and the status of specific revenues as of the stated dates and the market value of the investments managed by the Clerk’s Office on behalf of the Board.

MANAGEMENT RECOMMENDATION:

Approve  (#20050498-Clerk of Courts)

 

 

(E)

ACTION REQUESTED/PURPOSE:

Present to the Board of County Commissioners the Independent Auditors’ Management Letter for the fiscal year ended September 30, 2004.

WHAT ACTION ACCOMPLISHES:

Compliance with Chapter 10.550, “Rules of the Auditor General-Local Governmental Entity audits”, and Section 218.391, Florida Statutes.

MANAGEMENT RECOMMENDATION:

Approve  (20050492-Clerk of Courts)

 

 

(F)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant.  Pursuant to Florida Statute Chapter 197 the Board is to hold unclaimed overbid funds from Delinquent Tax sales for a period of two years on behalf of the original land owner.

WHAT ACTION ACCOMPLISHES:

The Clerk has received a verified claim of these funds and request that you release them to the claimant.

MANAGEMENT RECOMMENDATION:

Approve  (20050492-Clerk of Courts)

 

 ADMINISTRATIVE AGENDA

April 26, 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/PURPOSE:

Approve the Resolution of Necessity for the acquisition and condemnation of parcels in Phase III, required for the Three Oaks Parkway South Extension Project (East Terry Street north to within the Brooks Subdivision), No. 4043.

WHAT ACTION ACCOMPLISHES:

Allows the County to proceed with condemnation, if necessary, so parcels can be acquired for the Three Oaks Parkway South Extension Project (East Terry Street north to within the Brooks Subdivision), No. 4043.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested  (#20050468-County Attorney)
 

Text Box: CONVENE AS BOARD OF PORT COMMISSIONERS
13.

HEARING EXAMINER

 

   
   

14.

PORT AUTHORITY

 

 

(A)

ACTION REQUESTED/PURPOSE:

Request Board consent to the Assignment of Lease between the Lee County Port Authority and FC/WRE Realty Associates I, L.P., for Page Field Commons, located on approximately 45 acres in the West Quadrant of Page Field.  (Port Authority)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Request Board award PAB 05-10-Midfield Terminal Complex Airport Relocation/Move to Suddath Relocation Systems, the lowest most responsive, responsible bidder in the amount of $143,025.00 including the base bid and Alternate #1.  Funds are available in account 418300546206542 RSW Bond AMT.  (Port Authority)

Text Box: RECONVENE AS BOARD OF COUNTY COMMISSIONERS
 

15.

CONSTITUTIONAL OFFICERS

 PUBLIC AGENDA
April 26, 2005

5:00 PM

(#1)

ACTION REQUESTED/PURPOSE:

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate a 12-foot wide Public Utility Easement located at 406 North Ave., Lehigh Acres.  (Case No. VAC2005-00005)

WHAT ACTION ACCOMPLISHES:

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.

MANAGEMENT RECOMMENDATION:
Approve  (S27-T44S-R27E)  (#5)  (#20050445-Development Services)

 

 

 

(#2)

ACTION REQUESTED/PURPOSE:

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate a 12-foot wide Drainage and Public Utility Easement located at 4668 Little River Ln., Fort Myers, located off of Orange River Blvd., west of Buckingham Rd.  (Case No. VAC2005-00006).

WHAT ACTION ACCOMPLISHES:

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.

MANAGEMENT RECOMMENDATION:

Approve  (S35-T43S-R25E)  (#5)  (#20050446-Development Services)

 

 

 

 

(#3)

ACTION REQUESTED/PURPOSE:

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate a portion of the 50-foot IDD Canal L-1 Right-of-Way located at 6323 St. Andrew Circle S., Fort Myers, FL 33919, located off of McGregor Blvd.  (Case No. VAC2004-00023)

WHAT ACTION ACCOMPLISHES:

To construct a porch addition and re-roof to an existing single-family dwelling unit built in 1971.  The existing structure is partially situated in the 50-foot IDD Canal easement.  The vacation will not alter existing drainage conditions and the easement is not necessary to accommodate any future drainage and canal maintenance requirements.

MANAGEMENT RECOMMENDATION:

Approve  (S3-T45S-R24E)  (#2)  (#20050441-Development Services)

 

 

 

 

(#4)

ACTION REQUESTED/PURPOSE:

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate 12-foot wide Public Utility Easements located at 4300 Lee Blvd., Lehigh Acres.  (Case No. VAC2005-00009)

WHAT ACTION ACCOMPLISHES:

To build a single commercial building site on the combined four (4) lots.  The vacation of this easement will not alter existing utility conditions and the easement is not necessary to accommodate any future utility requirements.

MANAGEMENT RECOMMENDATION:

Approve  (S28-T44S-R26E)  (#5)  (#20050470-Development Services)

 

 

 

 

(#5)

ACTION REQUESTED/PURPOSE:

Adopt Resolution of Final Assessment for the Charlee Road MSBU.  Accept Charlee Road and Drainage for maintenance by Lee County DOT.

WHAT ACTION ACCOMPLISHES:

Allows staff to finalize the project and begin collecting special assessments for the project.

MANAGEMENT RECOMMENDATION:

Approve  (#20050398-MSTBU Services)

 

 

 

 

5:05 PM

Public Presentation of Matters by Citizens

 

 

 

 

 

Adjourn