District #1

Bob Janes

District #2

Douglas St. Cerny

District #3

Ray Judah

Chairman

District #4

Andrew W. Coy

District #5

John E. Albion

Vice-Chairman

Donald D. Stilwell,

County Manager

 

James G. Yaeger, County Attorney

 

 

January 21, 2003

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

 

 

 

 

Presentation:

 

 

·   

Library Appreciation Month Resolution

 

 

(Commissioner Judah-#20030041)

 

 

 

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

January 21, 2003

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Accept a Petition VAC2002-00054 to Vacate a 12-foot wide Public Utility Easement centered on Lots 22 and 23, Town and River Estates, Unit 2 and adopt a Resolution setting a Public Hearing for 5:00 p.m. on the 25th day of February 2003.

WHY ACTION IS NECESSARY:

To demolish two existing homes and combine the lots into one residential building site.   The vacation of the public utility easement will not alter existing utilities and the easement is not necessary to accommodate any future utility requirement.

WHAT ACTION ACCOMPLISHES:

Sets the time and date of the Public Hearing.  (#20021363-Development Services)

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve Addendum to the Construction Manager Agreement, for RFQ-01-09 Construction Management for University Overlay Landscape & Irrigation Project, with Lodge Construction Inc. to include the Guaranteed Maximum Price (GMP) for Phase II Construction in the amount of  $1,900,000.00 (includes CM Fee) upon approval of (MSTBU) Public Hearing for additional funding.  Also 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:

Pursuant to Administrative Code AC-4-4 Lee County Contract Manual approved by the Board on September 25, 2001, construction projects estimated to be over $50,000 will be executed through the formal advertised process.

WHAT ACTION ACCOMPLISHES:

This phase of the project is for the construction of the project for the landscaping and irrigation in the median areas of Ben Hill Griffin Parkway (BHG) from Alico Road to Corkscrew Road, and Corkscrew Road from Ben Hill Griffin Parkway to I-75.  (#20021466-MSTBU Services)

 

 

(b)

ACTION REQUESTED:

Approve the award of Formal Quotation No. Q-030069, The Annual Purchase of Printing Supplies, for the Lee County Library Division, to the low quoter meeting all specification requirements, Information Management Systems, Inc., for the prices as listed on the attached Lee County tabulation sheet.  The Library Division estimates an annual expenditure of approximately $75,000.00 for these supplies.  (The requesting division will be responsible for monitoring its individual expenditures.)  This quotation shall be in effect for one (1) year, or until new quotes are taken and awarded.  Also request authority to renew this quotation for four (4) additional one (1) year periods, under the same terms and conditions, if in the best interest of the County, at the expiration of the original term.

WHY ACTION IS NECESSARY:

According to Section 9.4.1 of the Lee County Purchasing & Payment Procedures Manual, approved by the Board on 7/9/02, purchases over $50,000.00 must be approved by the Board.

WHAT ACTION ACCOMPLISHES:

Allows the Lee County Library Division to obtain ink, toner, and other supplies in a cost effective, efficient, and timely manner.  (#20021470-Library)

 

 

(c)

ACTION REQUESTED:

Accept Parcels 105, 107, 112, 120, 144, 155, 158, 160, 162 and 163, perpetual waterline utility easements, which are necessary to provide and maintain essential municipal service, facilities and improvements in accordance with the Cottage Point Waterline Municipal Service Benefit Unit; authorize the Division of County Lands to handle and accept all documentation necessary; authorize payment of recording fees.

WHY ACTION IS NECESSARY:

The Cottage Point MSBU project plan requires the perpetual easements to install the waterline improvements in the existing roads and roadways.

WHAT ACTION ACCOMPLISHES:

Approval of the Requested Motion will provide for the acquisition of the property interests by Grant of Perpetual Public Waterline Utility Easement from the benefited property owners.  (#20030004-County Lands)

 

 

(d)

ACTION REQUESTED:

Approve the acquisition of Parcel 325, for the Three Oaks Parkway South Extension Project No. 4043, in the amount of $193,000, pursuant to the terms and conditions set forth in the Agreement for Purchase and Sale of Real Estate; authorize the Chairman on behalf of the Board of County Commissioners to sign the Purchase Agreement; authorize payment of necessary costs to close; authorize the Division of County Lands to handle and accept all documentation necessary to complete this transaction.

WHY ACTION IS NECESSARY:

The Board must formally accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:

The acquisition of property during the voluntary phase of the project, thus avoiding the Board’s need to exercise its power of Eminent Domain.  (#20030010-County Lands)

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Approve a two-year Certificate of Public Convenience and Necessity (CON) for Lee County EMS.

WHY ACTION IS NECESSARY:

CON required by Florida Statue 401.25 (d) for renewal of EMS provider license application.

WHAT ACTION ACCOMPLISHES:

Allows Lee County EMS to be recertified by the Bureau of EMS as an ALS Provider for two years.  (#20021461-EMS)

 

 

(b)

ACTION REQUESTED:

Adopt a resolution certifying that monies from the County EMS Award Grant Program will be used to improve and expand the County’s existing EMS prehospital system.

WHY ACTION IS NECESSARY:

Resolution must accompany grant application certifying the funds received will be used to improve and expand prehospital emergency medical care in Lee County.

WHAT ACTION ACCOMPLISHES:

Completes application process that would entitle Lee County to the EMS County Award Grant money.  (#20030019-EMS)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Execute Grant Agreement with Florida Fish and Wildlife Conservation Commission (FWC), awarding $25,000 to Lee County for construction of the “FWC ‘03 Reef Grant” project.  Approve corresponding Budget Amendment Resolution amending the FY02-03 - 06-07 CIP Program accordingly. Execute “Attachment E” - Certification regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion.

WHY ACTION IS NECESSARY:

To accept funding from FWC and certify eligibility to receive federal funds.

WHAT ACTION ACCOMPLISHES:

Formalizes $25,000 in grant funding.  (#20030013-Natural Resources)

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve Change Order No. 7 with Westwind Contracting, under Contract #1798 (B01-17) Veteran’s Parkway – Surfside to Chiquita, in the amount of $126,671.18, for a revised total Contract amount of $9,713,307.91.

WHY ACTION IS NECESSARY:

Pursuant to Lee County Contract Manual, approved on September 25, 2001, Board approval is required for Change Orders in excess of $50,000.00.

WHAT ACTION ACCOMPLISHES:

Compensates Contractor for unforeseen underground conditions, i.e. the discovery of a muck area and surface rock.  (#20030015-Transportation)

 

 

(b)

ACTION REQUESTED:

Waive ambiguity in the bidding documents and award B-03-03 PONDELLA ROAD WIDENING, PHASE III, for the Department of Transportation, to the lowest responsive/responsible bidder meeting all bidding requirements, Better Roads Inc., for the not-to-exceed amounts for Roadway and Utilities of $2,535,747.63, plus Alternate Bids #1 and 2 in the not-to-exceed amounts of $676,083.84 and $36,689.38, for a total not-to-exceed contract amount of $3,248,520.85, with a final project completion time of 245 calendar days.  Also, request Board accept resubmitted fully completed Bid Bond from the lowest bidder, Better Roads Inc and the second lowest bidder APAC-Florida Inc.

WHY ACTION IS NECESSARY:

Pursuant to Administrative Code AC-4-4 Lee County Contracts Manual, approved by the Board on September 25, 2001, construction projects estimated to be over $50,000 will be executed through the formal advertised sealed bid procedures.

WHAT ACTION ACCOMPLISHES:

This contract is for the widening of Pondella Road to a five-lane urban/arterial roadway from 19th Place to west of Henkel Drive.  (#20021387-Transportation)

 

 

(c)

ACTION REQUESTED:

Approve Memorandum of Agreement with the Florida Department of Transportation for $1,500,000 interest free loan from the Toll Facilities Revolving Trust Fund.  Amend FY 03-07 Capital Improvement Fund for Project 205814, Sanibel Bridge Replacement – Spans B & C.  Approve authorizing Resolution for Chairman to execute on behalf of BOCC.  Also, approve budget amendment resolution in the Transportation Facilities Fund – 42142.

WHY ACTION IS NECESSARY:

Requires BOCC approval for agreements and amendments to the CIP.

WHAT ACTION ACCOMPLISHES:

Allows Department of Transportation interest free money for the design of the Sanibel Bridge Replacement – Spans B and C.  (#20030033-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Authorize the Chairman, on behalf of the BOCC, to execute “Agreements for Wholesale Sale and Purchase of Treated Potable Water” by and between Lee County and each wholesale water customer.

WHY ACTION IS NECESSARY:

The Lee County Board of County Commissioners (BOCC) must approve an agreement between each Wholesale Customer and the County.

WHAT ACTION ACCOMPLISHES:

Defines the terms by which the County will provide wholesale water and sewer service to the Wholesale Customer.  (#20021475-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).  (#20030039-Clerk of Courts)

 

 

(b)

ACTION REQUESTED:

Request Board approval for the Staff of County Lands to research and purchase (2) two houses in Charlotte County to house (2) two Boca Grande Deputies.  Funds are available in the CIP.  Purchase is not to exceed $280,000.

WHY ACTION IS NECESSARY:

Board must approve funding and the purchase of expenditures over $50,000.

WHAT ACTION ACCOMPLISHES:

Allows for proper housing of deputies for Boca Grande.  (#20030029-Sheriff)

 

 

ADMINISTRATIVE AGENDA

January 21, 2003

 

 

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:

Request approval of settlement offer and authorize the Chairman to execute a Release and Assignment of All Claims with Great American Insurance Company, as part of the County’s receipt of three drafts totaling $98,144.73 under Performance Bond Numbers 3424312, 5438583 and 5438584.

WHY ACTION IS NECESSARY:

BOCC approval is required for settlement offers and execution of Release and Assignment of All Claims to complete the transaction with Great American Insurance Company for their payment.

WHAT ACTION ACCOMPLISHES:

Releases Great American Insurance Company from any further liability to the County for a $98,144.73 payment to Lee County Government under Performance Bond Numbers 3424312, 5438583 and 5438584. The $98,144.73 payment represents a 100% recovery of the damages for the County.  (#20030020-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS