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 |
Donald D. Stilwell, County Manager |
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David
M. Owen County Attorney |
May 24, 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
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Invocation: |
Pastor
Robert E. Williams |
Caring
Ministries Fellowship |
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Pledge
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Presentations: |
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(Commissioner
Judah-#20050687) |
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(Commissioner
St. Cerny-#20050688) |
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(Commissioner
Janes-#20050689) |
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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
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9:30
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Appeals
Agenda |
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ACTION
REQUESTED/PURPOSE: |
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Walk-ons
and Carry-overs |
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Commissioners'
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County
Manager Items |
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County
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Adjourn
until 5:00 PM |
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May
24, 2005
1. |
COUNTY ADMINISTRATION |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION REQUESTED/PURPOSE: Approve Addendum to the Construction Manager
Agreement under RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION
MANAGEMENT, for the project known as Admin Building Seal Windows and Panels
Project, to Target Builders, Inc. for the Guaranteed Maximum Price (GMP) of
$309,597.00 (includes CM fee of $24,927.00), with a total project completion
time of 119 calendar days. 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. Also approve budget
transfer from Capital Improvement Fund Reserves in the amount of $171,597.00
to the Admin. Building Seal Windows and Panels Project and amend FY
04/05-08/09 CIP accordingly. Funds
will be available upon execution of the Budget Transfer. WHAT ACTION ACCOMPLISHES: Provides Lee County with a Construction Manager
for the removal and replacement of sealants at metal to glass, metal-to-metal
and metal to concrete or coral columns at the Lee County Administration
Building, 2115 Second Street. MANAGEMENT
RECOMMENDATION: Staff recommends
approval. (#20050607-Facilities
Management) |
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ACTION REQUESTED/PURPOSE: Approve utilization of General Services
Administration contract pricing with SimplexGrinnell for Fire and Security
Products, Contract #GS-07F-0396M, and Fire Alarm and Suppression Services,
Contract #GS-06F-0054N in the not-to-exceed amount of $198,975.00. Authorize
Chairman to execute SimplexGrinnell agreement. Also, approve budget transfer from Capital Improvement Fund
reserves in the amount of $198,975.00 and amend FY04/05-08/09 CIP for the
Admin/Old Courthouse Alarm System Project. WHAT ACTION ACCOMPLISHES: Provides Facilities Management with a new alarm
system for the Administration Building and Old Courthouse. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20050612-Facilities Management) |
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ACTION REQUESTED/PURPOSE: Approve returning the unspent funds of $1,797,634 plus interest earnings to the Lee County Tax Collector that was provided to the County for the acquisition of land for a branch office for the Tax Collector in North Fort Myers. WHAT ACTION ACCOMPLISHES: Allows the County to return unspent funds provided by the Tax Collector. MANAGEMENT RECOMMENDATION: Management recommends approval. (#20050623-Construction and Design) |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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ACTION
REQUESTED/PURPOSE: Approve Purchase Agreement for acquisition of a
±65-acre parcel encompassing Parcels 207/207SE Corkscrew Road Service Area
(CRSA) MSBU Road Widening Project No. 4723, Parcels 104/104UE Pinewoods Water
Treatment Plant 7155, and the remainder parcel for CR 951 Extension Right of
Way, Project No. 4078, in the amount of $850,000; authorize payment of costs
to close, payment of any future assessments of the CRSA, if necessary, and
the Division of County Lands to handle all documentation necessary to
complete transaction. Amend FY 05-09
CIP to advance CR 951 Extension Right of Way funds of $1,000,000 from FY
05/06 to current year budget. Approve transfer of $1,000,000 from reserves
from Road Impact Fees – Southeast District. WHAT ACTION ACCOMPLISHES: Acquisition of property necessary for the Corkscrew Road widening, Project No. 4723, the Pinewoods Water Treatment Plant Project No. 7155, and CR 951 Right of Way Extension, Project No. 4078. MANAGEMENT
RECOMMENDATION: Management recommends Board approve the Action
Requested (#20050577-County Lands) |
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ACTION
REQUESTED/PURPOSE: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $255,000 for Parcels 92 and
93, Gladiolus Drive Widening, Project No. 4083, pursuant to the Purchase
Agreement; authorize the Division of County Lands to handle all documentation
necessary to complete transaction. WHAT ACTION ACCOMPLISHES: Authorizes binding offer
to property owner. MANAGEMENT
RECOMMENDATION: Management recommends Board approve the Action
Requested (#20050610-County Lands) |
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ACTION
REQUESTED/PURPOSE: Accept Quit-Claim Deed for 16 square feet required
for the equipment installation of the College Parkway & Riverwalk Park
Traffic Signalization; authorize the Division of County Lands to handle and
accept all documentation necessary. WHAT ACTION ACCOMPLISHES: Allows the County to proceed with the project. MANAGEMENT RECOMMENDATION: Management recommends Board approve the Action
Requested. (#20050630-County Lands) |
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ACTION REQUESTED/PURPOSE: Approval of the Interlocal Agreement between Lee
County and the Southwest Florida Regional Planning Council acting through the
Metropolitan Planning Organization (MPO) for assistance in completing
professional transportation planning and project processes. WHAT ACTION ACCOMPLISHES: The Interlocal Agreement
between Lee County and the MPO allows for coordination of transportation
planning activities utilizing contacts negotiated by the MPO. The agreement provides for payment of
these services by Lee County Transit. MANAGEMENT
RECOMMENDATION: Approve the attached
Interlocal Agreement.
(#20050641-Transit) |
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ACTION REQUESTED/PURPOSE: Approve changes to the health/dental plan for
calendar year 2006. Health Plan:
Co-pays for mail order 3-month supply of prescription drugs would be $0 for
generic medication, $40 for brand name, and $70 for non-formulary prescriptions
(currently $10/$20/$35). Employee
premiums for health coverage would remain unchanged, BOCC share increases by
10%. Dental plan: Maximum annual
benefit per individual would be $1,500 (currently $1,000). This does not include orthodontics, which
has a separate maximum and remains unchanged. Employee premiums would be $5.00 for employee only coverage,
and $40.00 for family. BOCC share
would be $33.00 for employee or employee plus family. WHAT ACTION ACCOMPLISHES: Reflects estimated plan costs for 2006. Encourages mail order generic
prescriptions and adopts standard practice of two co-pays for three month’s
supply of a prescription. Adopts some
of the recommendations for the Employee Benefits Committee and benefit
consultant. MANAGEMENT
RECOMMENDATION: Approve (#20050646-Human Resources) |
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7. |
PUBLIC SAFETY |
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ACTION
REQUESTED/PURPOSE: Approve and execute an Agreement concerning the
Use of Real Estate or other Premises for Emergency Relief Efforts between Lee
County, and Fishers of Men Lutheran Church for a period of five (5) years. WHAT ACTION ACCOMPLISHES: Authorizes Lee County temporary use of property
located at 10360 Stringfellow Rd. St. James City for emergency relief and
recovery efforts. MANAGEMENT
RECOMMENDATION: Staff recommends approval. (#20050652-Emergency Management) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION REQUESTED/PURPOSE: Approve and authorize the Chairman to sign a contract between Lee County and Riley Power, Inc., (a Babcock Power Inc. Company) for the supply and erection of a furnace/boiler including erection of the (County supplied) Martin stoker at the WTE, for an amount not to exceed $26,947,902.00, all in accordance with RFP B&R 2661-SM101B. WHAT ACTION ACCOMPLISHES: Provides the necessary furnace/boiler for the Waste
To Energy Expansion Project. MANAGEMENT RECOMMENDATION: Staff recommends approval of Action
Requested. (#20050650-Solid Waste) |
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ACTION REQUESTED/PURPOSE: Accept $100,000 from Parker Management Florida,
LLC to fund water quality studies in fulfillment of their settlement
agreement with the Conservancy of Southwest Florida regarding the Parker
Daniels Project adjacent to the Six Mile Cypress Slough and North Cypress
Arm. Approve budget amendment in the
amount of $100,000 for unanticipated revenues for Surface Water Management
Plan Project (Project No. 200983) and amend the FY04/05-08/09 CIP
accordingly. WHAT ACTION ACCOMPLISHES: Provides funds for water quality research and
analyses to measure pollutant load reduction effectiveness of various Best
Management Practices commonly used in our area. MANAGEMENT
RECOMMENDATION: Approve (#20050675-Natural Resources) |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED/PURPOSE: Approve award of Formal Quotation #Q-040487, the
Annual Purchase of Traffic Cable and Installation for DOT, to the qualified
and low quoter meeting specifications, Fiber Solutions; at the prices listed
on the attached tabulation sheet. The annual expenditure is anticipated to be
approximately $150,000.00. This quote shall be in effect for one year.
Permission is also requested to exercise the price escalator clause as per
the specifications on an as needed basis. Funding will be made available by
individual departments and divisions account strings whom will be responsible
for monitoring their individual expenditures. WHAT ACTION ACCOMPLISHES: Allows DOT to
have cable installed and repaired on an as needed basis using a qualified and
dependable vendor. MANAGEMENT RECOMMENDATION: Award as recommended. Purchasing to re-bid in one year. (#20050496-Transportation) |
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ACTION REQUESTED/PURPOSE: Award Professional Services Agreement for CN-05-04
SIX MILE CYPRESS FOUR LANE WIDENING – NO. OF DANIELS TO SO. OF WINKLER
EXTENSION, to Johnson Engineering, Inc. for a one year period. Further authorize Chairman on behalf of
the Board to execute agreement in the not-to-exceed amount of
$1,111,982.00. This project was
anticipated and funds are available within CIP. WHAT ACTION ACCOMPLISHES: Provides the County with a Consultant to design
and permit the four-lane widening of Six Mile Cypress Parkway from North of
Daniels Parkway to South of Winkler Extension. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20050622-Transportation) |
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ACTION REQUESTED/PURPOSE: Award the Construction Management Agreement under
RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, for
the project known as Treeline Street Light, to Bundschu Kraft, Inc. for the
Guaranteed Maximum Price (GMP) of $982,992.00 (includes the CM fee of
$64,308.00). 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 County with Construction Manager for the installation of pole structures along Treeline Avenue. MANAGEMENT
RECOMMENDATION: Staff recommends
approval. (#20050644-Transportation) |
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10. |
UTILITIES |
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Approve Change Order No. 3 to Westwind Contracting, Inc., under B-04-31 BAYSHORE ROAD (SR 78) SLATER ROAD TO I-75, contract No. 2872 in the amount of $76,840.00 to relocate steel casing and open-cut Samville Road to the north to complete tie-in to existing 24” watermain. This project was in the CIP and funds are available within the budget. WHAT ACTION ACCOMPLISHES: Provides funding and formal approval for corrective activities needed for unforeseen situations and to improve constructability. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20050613-Utilities) |
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11. |
PARKS AND RECREATION |
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12. |
COUNTY ATTORNEY |
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ACTION REQUESTED/PURPOSE: Approve agreement between Lee County and Lowe’s
Home Centers, Inc., granting permission to include two County-owned parcels
in an application to rezone property in Bonita Springs. WHAT ACTION ACCOMPLISHES: Authorizes the inclusion of County-owned property
in an application to rezone property to Commercial Planned Development (CPD)
designation in Bonita Springs. MANAGEMENT RECOMMENDATION: Approve (#20050645-County Attorney) |
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ACTION REQUESTED/PURPOSE: Direct an ordinance amending Lee County Land
Development Code (LDC) Chapters 2, 6, 10, 14, 30, and 34 to public hearing in
the Board of County Commission Chambers as follows: LPA on June 27, 2005;
First Public Hearing on June 14, 2005 at 5:05 p.m.; Second Public Hearing on
June 28, 2005 at 5:05 p.m. WHAT ACTION ACCOMPLISHES: Two public hearings are required to amend the LDC. MANAGEMENT
RECOMMENDATION: Approve. (#20050671-County Attorney) |
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ACTION REQUESTED/PURPOSE: Authorize grant of Revocable License to Stolle
Properties, Inc., granting the right to cross County property. WHAT ACTION ACCOMPLISHES: The license grants permission to cross a 125-foot
wide strip of County property to a property owner who owns land abutting the
County’s property to the north and to the south on a temporary basis. MANAGEMENT RECOMMENDATION: County Attorney and DOT staff recommend approve of
the license agreement.
(#20050676-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/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
(#20050642-Clerk of Courts) |
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ACTION REQUESTED/PURPOSE: That the Board of County Commissioners accept the annual Lee County Financial Assistance Report (FAR) WHAT ACTION ACCOMPLISHES: Provides public notice of the availability of the Lee County Financial Assistance Report to the citizens of Lee County. MANAGEMENT RECOMMENDATION: Approve
(20050651-Clerk of Courts) |
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve
payment of Delinquent Tax overbid money to the claimant-Capital Recovery
& Investments, Inc. Pursuant to Florida
Statute 197 the Board is to hold unclaimed overbid funds from Delinquent Tax
sales for a period of two years on behalf of the original landowner. WHAT ACTION ACCOMPLISHES: The
Clerk has received a verified claim of these funds and requests that you
release them to the claimant. MANAGEMENT
RECOMMENDATION: Approve (#20050680-Clerk of Courts) |
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve
payment of Delinquent Tax overbid money to the claimant-Capital Recovery
& Investments, Inc. Pursuant to Florida
Statute 197 the Board is to hold unclaimed overbid funds from Delinquent Tax
sales for a period of two years on behalf of the original landowner. WHAT ACTION ACCOMPLISHES: The
Clerk has received a verified claim of these funds and requests that you
release them to the claimant. MANAGEMENT
RECOMMENDATION: Approve (#20050681-Clerk of Courts) |
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve
payment of Delinquent Tax overbid money to the claimant-Florida Refund
Associates, Inc. Pursuant to Florida
Statute 197 the Board is to hold unclaimed overbid funds from Delinquent Tax
sales for a period of two years on behalf of the original landowner. WHAT ACTION ACCOMPLISHES: The
Clerk has received a verified claim of these funds and requests that you
release them to the claimant. MANAGEMENT
RECOMMENDATION: Approve (#20050682-Clerk of Courts) |
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve
payment of Delinquent Tax overbid money to the claimant-Mr. Ludo Pinte. Pursuant to Florida Statute 197 the Board is to
hold unclaimed overbid funds from Delinquent Tax sales for a period of two
years on behalf of the original landowner. WHAT ACTION ACCOMPLISHES: The
Clerk has received a verified claim of these funds and requests that you
release them to the claimant. MANAGEMENT
RECOMMENDATION: Approve (#20050683-Clerk of Courts) |
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May
24, 2005
1. |
COUNTY ADMINISTRATION |
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ACTION REQUESTED/PURPOSE: Authorize the Chairman or Vice Chairman to sign a
resolution for the authorization, execution and delivery of a Bond Purchase
Agreement that meets certain specific criteria in connection with the
Transportation Facilities Revenue Bonds, Series 2005B (Sanibel
Causeway). Authorize other approvals
as necessary contained in this resolution.
Allows greater flexibility in marketing the Transportation Facilities
Revenue Bonds, Series 2005B (Sanibel Causeway). WHAT ACTION ACCOMPLISHES: Allows the Bond Purchase Agreement to be signed
(if the bonds are sold) without reconvening the Board of County
Commissioners. MANAGEMENT
RECOMMENDATION: Approve the Delegating
Resolution for the Transportation Facilities Revenue Bonds, Series 2005B (#20050590-Budget Services) |
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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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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL RESOURCES |
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ACTION REQUESTED/PURPOSE: Approval to waive Lee County Ordinance No. 92-22 and allow Boyle Engineering Corporation to proceed with the design of the recommended drainage improvements within the existing right-of-way along Burnt Store Road. Also approve Change Order No. 3 to Boyle Engineering Corporation, under CN-02-19 NORTHWEST LEE COUNTY SURFACE WATER MANAGEMENT PLAN, Contract No. 2234, in the amount of $146,771.00. This project was in the CIP and funds are available within the budget. WHAT ACTION ACCOMPLISHES: Waiver of Ordinance No. 92-22 requires an
affirmative vote of four (4) commissioners. The Change Order provides Lee
County with a consultant to proceed with the design of the recommended
drainage improvements within the existing right-of-way along Burnt Store
Road. MANAGEMENT RECOMMENDATION: Staff recommends approval of the waiver and change
order. (#20050611-Natural Resources) |
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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/PURPOSE: Approve the Amended Resolution of Necessity for
the acquisition and condemnation of Parcel 240, which is 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 Parcel 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 (#20050643-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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5:00
PM |
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Public Hearing
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ACTION
REQUESTED/PURPOSE: Conduct a Public Hearing to adopt a Resolution on
Petition to Vacate a 12-foot wide Public Utility Easement located at 711 and
713 Poinsettia Ave., Lehigh Acres
(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 utility conditions and the easement is not necessary
to accommodate any future utility requirements. MANAGEMENT
RECOMMENDATION: Approve (S29-T44S-R27E) (#5)
(#20050588-Development Services)
TO BE DEFERRED |
Public Hearing |
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ACTION
REQUESTED/PURPOSE: Conduct a Public Hearing to adopt a Resolution on
Petition to Vacate a 20-foot wide platted Drainage Easement at 12202 and
12196 Country Day Cir., Fort Myers, located of off Daniels Parkway. (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 (S18-T45S-R26E) (#2)
(#20050589-Development Services)
TO BE DEFERRED |
Public Hearing |
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ACTION REQUESTED/PURPOSE: Approve final Resolution ratifying the completion
of the Construction of median Landscaping for the University Overlay MSBU. WHAT ACTION ACCOMPLISHES: Allows staff to initiate assessments to the
property owners for the repayment of loan. MANAGEMENT
RECOMMENDATION: Approve (#20050399-MSTBU Services) |
Public Hearing |
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ACTION REQUESTED/PURPOSE: Conduct a Public Hearing and consider the adoption
of an Ordinance to be known and cited as the “Lee County Water Conservation”
Ordinance. WHAT ACTION ACCOMPLISHES: Sets the Lee County Water Conservation Ordinance
for public hearing and adoption. MANAGEMENT RECOMMENDATIONS: Staff recommends
approval. (#20050270-County Attorney) |
5:05 PM |
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Public Hearing |
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ACTION REQUESTED/PURPOSE: Conduct second public hearing on proposed
amendments to the Land Development Code (LDC) pertaining to Regional Parks
and Community Parks impact fees. WHAT ACTION ACCOMPLISHES: Provides for public input and Board discussion. MANAGEMENT RECOMMENDATION: Adopt Ordinance.
(#20050656-County Attorney) |
Public Hearing |
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ACTION REQUESTED/PURPOSE: Adopt an ordinance amending Lee County Land
Development Code (LDC) Chapter 34 (§
34-934) to provide additional permitted uses within the Airport Operations
Plan Development (AOPD) District after conducting second public hearing. WHAT ACTION ACCOMPLISHES: Amends the LDC to provide additional development
opportunities on Airport property consistent with the recent Lee Plan
amendment and Airport Master Plan Update. MANAGEMENT
RECOMMENDATION: Adopt proposed
ordinance. (#20050661-County
Attorney) |
5:05 PM |
Public Presentation of Matters by Citizens |
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Adjourn |