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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 |
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Donald D. Stilwell, County Manager |
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James
G. Yaeger, County Attorney |
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June 3, 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
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9:30
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Invocation: |
Pastor Steven Hess |
Zion Lutheran Church |
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Pledge
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Recap |
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Public
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Items
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Motion
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Consideration
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Walk-ons
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Commissioners'
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County
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County
Attorney Items |
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Adjourn |
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June
3, 2003
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1. |
COUNTY ADMINISTRATION |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION
REQUESTED: Concur with the ranking of Consultants by the
Competitive Negotiations Committee for CN-03-08, SIX MILE CYPRESS SLOUGH
PRESERVE VISITOR CENTER, in the following order of ranking, and authorize
contract negotiations to commence with the number one ranked firm: (1)
Parker, Mudgett, Smith Architects, Inc.; (2) Gora McGahey Associates in
Architecture; (3) Alliance Design Group; and (4) Christopher J. Lee
Architects, Inc WHY ACTION
IS NECESSARY: Pursuant to Administrative Code AC-4-4 Lee County
Contracts Manual, approved by the Board on September 25, 2001, the Board is
required to approve all Consultant ranking. WHAT ACTION
ACCOMPLISHES: Consultant will provide schematic design,
construction manager negotiation, design development, building &
construction documents, advisory and construction contract administrative
support services for the Six Mile Cypress Slough Preserve Visitor Center. (#20030610-Contracts) |
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ACTION
REQUESTED: Approve lease agreement with Fort Myers Venture I,
L.L.C. for 18,242 sq. ft. of space in the SunTrust Plaza, Suites 600, 703 and
200, located at 2000 Main Street, Ft. Myers, to be utilized by the County as
necessary Lease cost would be a blended rate of $23.25 which includes
CAM. Lease is for one year with the
option to renew for 4 additional one-year periods under the same terms and
conditions. Lease can be terminated
by giving six months advance written notice or at time of purchase. Also approve permission for staff to add
any space that may become vacant to this agreement until the date of purchase
of this building by the Board of County Commissioners. Lease will include the use of 84 parking
spaces at the adjacent parking garage. WHY ACTION
IS NECESSARY: Board must approve all lease agreements WHAT ACTION
ACCOMPLISHES: Secures any space in the building that is
currently vacant and provides staff with the option to add any space that
becomes vacant until the date of purchase.
By securing the vacant space, the County is assured that the current
owner will not lease the vacant spaces to other entities, giving the County
more space to utilize after purchase.
(#20030560-Facilities Management) |
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ACTION
REQUESTED: Award Professional Services Agreement for CN-03-03
South Fort Myers Community Park, to Michael Redd & Associates, P.A., for
a lump sum amount of $93,710.00. WHY ACTION
IS NECESSARY: Pursuant to the Contract Manual, approved by the
Board on September 25, 2001, the Board is required to approve all Consultant
rankings. WHAT ACTION
ACCOMPLISHES: This project involves the Consultant providing
inventory and site analysis, program analysis, preliminary master plan, final
master plan, preliminary cost estimate, additional services and construction
services for the south Fort Myers Community Park. (#20030619-Construction and Design) |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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ACTION REQUESTED: Accept a Petition VAC2002-00063 to Vacate two, 12
Public Utility Easements common to lots 56 and 57, and 57 and 58, Block 95,
Unit 21, Leeland Heights Subdivision and adopt a Resolution setting a Public
Hearing for 5:00 p.m. on the 24th day of June 2003. WHY ACTION IS NECESSARY: To construct a Single Family Residence. 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 THE ACTION ACCOMPLISHES: Sets the time and date of the Public Hearing. (#20030210-Development Services) |
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ACTION REQUESTED: Accept
a Petition VAC2003-00017 to Vacate a 12-foot wide Public Utility Easement centered on
the common lot line between Lots 2 and 3, Block 31, Unit 8, a subdivision of
Lehigh Acres. Adopt a Resolution
setting the Public Hearing for 5:00 pm on the 24th day of June,
2003. WHY ACTION IS NECESSARY: To
build a single-family residence on the combined lots. The vacation of this Public Utility
Easement will not alter existing utility conditions and is not necessary to
accommodate any future utility requirements. WHAT ACTION ACCOMPLISHES: Setting
the time and date of the Pubic Hearing.
(#20030585-Development Services) |
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ACTION REQUESTED: Accept
a Petition VAC2003-00020 to Vacate (2) two, 12-foot wide Public Utility Easements
centered on the common lot lines between Lots 18 & 19 and 19 & 20,
Block 38, Unit 10, a subdivision of Lehigh Acres. Adopt a Resolution setting the Public Hearing for 5:00 pm on
the 24th day of June 2003. WHY ACTION IS NECESSARY: To
build a single-family residence on the combined lots. The vacation of this Public Utility
Easement will not alter existing utility conditions and is not necessary to
accommodate any future utility requirements. WHAT ACTION ACCOMPLISHES: Setting
the time and date of the Pubic Hearing.
(#20030602-Development Services) |
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5. |
HUMAN SERVICES |
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ACTION
REQUESTED: Accept the Informal Bid and award I-0301 PINE
MANOR COMMUNITY CENTER, for the Department of Human Services, to the low
bidder meeting all bidding requirements, Cougar Contracting Specialties,
Inc., for a total not-to-exceed contract amount of $84,200.00 WHY ACTION
IS NECESSARY: In accordance with the Lee County Contract Manual,
approved by the Board on September 25, 2001, Construction projects in excess
of $50,000.00 will be executed through the Formal Advertised Sealed Bid
Process. WHAT ACTION
ACCOMPLISHES: This contract will be performed for the Department
of Human Services for the construction of a parking area to service an
existing community center building.
Included are the following: a
small parking area with five (5) spaces, a driveway, sidewalks, drainage
piping, fence and landscaping.
(#20030599-Human Services) |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Approve award of Formal Quotation Q-030240 for the
Purchase and Installation of Floor Covering for the Library Division (South
County Library) to the overall low quoter meeting all specification
requirements Wayne Wiles Floor Coverings.
Total cost for the installation of carpet at the South County Library
is $134,893.50. Also approve Option A. extra carpet (80 yds.) for maintenance
of the new carpet. Funding will come from the individual department or
division’s budget whom will be responsible for monitoring their individual
expenditures. WHY ACTION
IS NECESSARY: According to Section 9.4.1 of the Lee County
Purchasing and 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 Library Division to acquire new floor
coverings for the South County Library.
(#20030009-Library) |
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ACTION REQUESTED: Approve and execute Easement to Bonita Springs
Utilities, Inc., pursuant to the terms and conditions set forth in the Grant
of Utility Easement, for a Pump Station that will provide sewer service to
the area. Funds are not required. WHY ACTION IS NECESSARY: The Board must formally accept all real estate
conveyances to and from Lee County. WHAT ACTION ACCOMPLISHES: Allows Bonita Springs Utilities, Inc. to construct
a pump station for their system to serve the area. (#20030549-County Lands) |
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ACTION REQUESTED: Approve the acquisitions of Parcel 233, for the
Three Oaks Parkway South Extension Project No. 4043, in the amount of
$78,000, 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. (#20030561-County Lands). |
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ACTION
REQUESTED: Approve the acquisition of Parcel 232, for the Three
Oaks Parkway South Extension Project No. 4043, in the amount of $52,500,
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. (#20030562-County
Lands) |
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ACTION REQUESTED: Execute Florida Library Services and Technology
Act grant agreement for “Summer Library Reading Partnership Pilot” in the
amount of $7,500; approve budget amendment resolution in the same
amount. The grant will expire on
September 1, 2003. WHY ACTION IS NECESSARY: Commission approval required to execute grant
agreement; budget amendments must be adopted by resolution WHAT ACTION ACCOMPLISHES: Executes the grant agreement, accepts $7,500 as
unanticipated revenue and designates grant expenditures. (#20030584-Library) |
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ACTION REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $5,900.00, for Parcel 108,
Veronica S. Shoemaker Blvd. (formerly Palmetto Avenue) Extension, Project No.
4073, pursuant to the terms and conditions set forth in the Purchase
Agreement; authorize Chairman on behalf of the BOCC to execute Purchase
Agreement if offer is accepted by Seller; authorize the Division of County
Lands to handle and accept all documentation necessary to complete this
transaction and payment of all recording fees. WHY
ACTION IS NECESSARY: The Board must formally authorize the making of a binding offer to a property owner pursuant to F.S. '73.015 prior to initiation of condemnation proceedings. WHAT ACTION ACCOMPLISHES: Makes binding offer to property owner as required by F.S. '73.015, as amended. (#20030543-County Lands) |
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ACTION REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $6,600.00, for Parcel 107, Veronica
S. Shoemaker Blvd. (formerly Palmetto Avenue) Extension, Project No. 4073,
pursuant to the terms and conditions set forth in the Purchase Agreement;
authorize Chairman on behalf of the BOCC to execute Purchase Agreement if
offer is accepted by Seller; authorize the Division of County Lands to handle
and accept all documentation necessary to complete this transaction and
payment of all recording fees. WHY
ACTION IS NECESSARY: The Board must formally authorize the making of a
binding offer to a property owner pursuant to F.S. §'73.015 prior to
initiation of condemnation proceedings. WHAT
ACTION ACCOMPLISHES: Makes binding offer to property owner as required
by F.S. '73.015, as amended. (#20030544-County Lands) |
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ACTION
REQUESTED: Approve the acquisition of Parcel 202, for the
Three Oaks Parkway South Extension Project No. 4043, in the amount of
$51,500, 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. (#20030581-County Lands) |
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ACTION
REQUESTED: Approve inter-local agreements between Lee County
and the Lee County Tax Collector, and Lee County and Property Appraiser for
the preparation and submission of the Lee County Cherry/Blueberry SIU,
Country Estates SIU, Country Lakes SLD, Golden Lakes SLD, Palm Terrace SLD,
Pine Lake SLD, Schoolview Homes SLD, Sheltering Pines SIU, Western Acres SIU,
Coralee Avenue Waterline MSBU, Diplomat Parkway MSBU, Pinecrest/Riverview
Road MSBU, South Pebble/Broken Arrow Road MSBU, University Overlay MSBU,
Whiskey Creek MSBU, Iona Shores Waterline MSBU, University Overlay
Streetlight O & M SIU and Rainbow Farms Waterline MSBU Non-Ad Valorem
Assessment Rolls and their related Uniform Collection and Enforcement
pursuant to §197.3632. WHY ACTION
IS NECESSARY: Provides for the inclusion of certain Non-Ad Valorem Municipal Service Taxing and Benefit Units on the tax roll for 2003 and subsequent years. WHAT ACTION
ACCOMPLISHES: This establishes separate agreements between Lee
County and the Lee County Tax Collector, and Lee County and Property
Appraiser for the preparation and submission of certain Lee County Municipal
Services Taxing and Benefit Units Non-Ad Valorem assessment rolls and their
related uniform collection and enforcement pursuant to §197.3632, Florida
Statures. (#20030513-MSTBU Services) |
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7. |
PUBLIC SAFETY |
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ACTION
REQUESTED: Request Board authorize representatives from
Charlotte; Collier; DeSoto; Glades; Hendry; Highlands; Okeechobee; and
Sarasota Counties to serve as voting members of the Proposal Evaluation
Committee in addition to Lee County Staff, for the Request for Proposals for RFP-03-04 COOP/COG TERRORISM PLAN UPDATE. WHY ACTION
IS NECESSARY: The Lee County Contract Manual, under Section 11
“Request for Proposals for Other Professional Services”, specifies that only
County Staff may serve as voting members on a Proposal Evaluation
Committee. No outside industry shall
be allowed. WHAT ACTION
ACCOMPLISHES: Will allow staff representatives from each of the
named Counties to serve on the Proposal Evaluation Committee as voting
members in a collaborative effort to contract for the COOP/COG Terrorism Plan
Update. (#20030618-Emergency
Management) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: Award B-03-10 COUNTYWIDE RESURFACING/BIKE PATHS
(LEHIGH/NORTH FORT MYERS/ SOUTH FORT MYERS), for the Department of
Transportation, to the low bidder meeting all bidding requirements, Ajax
Paving Industries Inc., for a total not-to-exceed contract amount of $493,362.35,
with a contract completion time of 120 calendar days. WHY ACTION
IS NECESSARY: In accordance with the Lee County Contract Manual,
approved by the Board on September 25, 2001, Construction Projects in excess
of $50,000.00 will be executed through the Formal Advertised Sealed Bid
Process. WHAT ACTION
ACCOMPLISHES: To provide resurfacing of bike paths at various locations in Lehigh, North Ft. Myers and South Ft. Myers. (#20030559-Transportation) |
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ACTION
REQUESTED: Approve the utilization of piggybacking from City
of Tampa, Bid No. 71012402, for Hot In-Place Recycling, with Hot In Place
Paving, LLC, for the Paving of Stringfellow, in the amount of $1,125,000.00. WHY ACTION
IS NECESSARY: In accordance with the Lee County Contract Manual,
approved by the Board on September 25, 2001, Section 5. Unique Services, 5.0
Piggybacking, the Board must approve all piggyback services over $50,000.00. WHAT ACTION
ACCOMPLISHES: By allowing the Department to piggyback onto the
City of Tampa contract it will allow Lee County Transportation to pave
approximately 300,000 SY to Stringfellow Blvd as quickly as possible. (#20030564-Transportation) |
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ACTION
REQUESTED: Concur with the selection of Consultants by the
Competitive Negotiations Committee for CN-03-07 MISCELLANEOUS PROFESSIONAL
SERVICES, and authorize staff to negotiate hourly rates and independent costs
with the following eighteen (18) selected firms: Agnoli, Barber &
Brundage Inc.; AIM Engineering & Surveying Inc.; Avalon Engineering Inc.;
Barraco and Associates Inc.; Bean, Whitaker, Lutz & Kareh Inc.; Boyle
Engineering Corporation; Cella & Associates, Inc.; Consul-Tech
Development Services, Inc.; David Douglas Associates Inc.; Hardesty &
Hanover, LLP; Hole Montes Inc.; Ink Engineering; Johnson Engineering Inc.; Kisinger Campo & Associates,
Inc.; Pitman-Hartenstein & Associates, Inc.; Post, Buckley Schuh &
Jernigan, Inc.; TKW Consulting Engineers; and WilsonMiller Inc., for a
contract period of two (2) years with the option of renewal for one (1)
additional year. Also, authorize
Chairman on behalf of the Board to execute the agreements upon final
negotiations. WHY ACTION
IS NECESSARY: Pursuant to Lee County Contract Manual approved by
the Board on September 25, 2001, the Board is required to approve all
Consultant selections. WHAT ACTION
ACCOMPLISHES: Provides the County with several consultants on
contract that can provide miscellaneous professional services on an as needed
basis through the issuance of a Supplemental Task Authorization. (#20030566-Transportation) |
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ACTION
REQUESTED: Approve the utilization of piggybacking from the
Orlando-Orange County Expressway Authority for credit card clearing house
services, and enter into a Select Merchant Payment Card Processing Agreement
with Paymentech, L.P., as stated in Orlando-Orange bid) for Visa, MasterCard,
Discover, and American Express at the rates specified in Schedule A. This contract shall be in effect from
December 1, 2002 for a period of one (1) year, with options to renew for
three additional years. WHY ACTION IS NECESSARY: In accordance with the Lee County Contracts
Manual, Unique Purchases, Piggybacking, approved by the Board on September
25, 2001, the Board must approve all piggybacking and other professional
services over $50,000.00. WHAT ACTION ACCOMPLISHES: This
action allows acceptance of Visa, MasterCard, Discover and American Express
credit cards at the LeeWay Service Center.
(#20030597-Transportation) |
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ACTION
REQUESTED: Award B-03-09 NEIGHTBORHOOD DISTRICT SIDEWALKS AND
STORM WATER DRAINAGE, for the Department of Transportation, to the low bidder
meeting all bidding requirements, Gulf Paving Co., Inc., for a total
not-to-exceed contract amount of $568,211.60, with a contract completion time
of 180 calendar days. WHY ACTION
IS NECESSARY: In accordance with the Lee County Contract Manual,
approved by the Board on September 25, 2001, Construction Projects in excess
of $50,000.00 will be executed through the Formal Advertised Sealed Bid
Process. WHAT ACTION
ACCOMPLISHES: This contract will be performed for the Department
of Human Services-Community Improvements for the construction of various
sidewalks throughout Lee County and for the construction of storm water
drainage. (To include Fourth Street, South Road, Center Road, Dora Street,
and South Street).
(#20030554-Transportation) |
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ACTION
REQUESTED: Approve award of the following project for the
Department of Transportation: #
PB030479, the purchase of one (1) new Johnson 770 Cyclone Street Sweeper from
Florida Municipal Equipment, Inc. at a price of $117,960 via a piggyback of
the City of Dania Beach Resolution #2002-152. Also request approval of optional attachment for non-contract
purchase in the amount of $4,160.00.
Grand total expenditures in the amount of $122,120.00. WHY ACTION
IS NECESSARY: Section 9.4.1 of the Lee County Purchasing and
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: This street sweeper will allow DOT Operations to
provide road maintenance in cleaning of road shoulders and clean up of spills
in the event of accidents.
(#20030546-Transportation) |
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10. |
UTILITIES
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ACTION REQUESTED: Approve construction of a water main extension and
one 6” diameter fire line serving Route
80 Storage Facility. This is a Developer contributed asset and
the project is located on south side of Palm Beach Blvd approximately 2,500
feet west of S. R 31. WHY ACTION IS NECESSARY: To provide potable water service and fire
protection to the proposed commercial building. WHAT ACTION ACCOMPLISHES: Complies with the Lee County Utilities Line
Extension Policy and provides adequate water infrastructure to support
development of the subject property.
(#20030563-Utilities) |
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ACTION REQUESTED: Approve construction of a water main and gravity
main extension serving the Mastique. This is a Developer contributed asset and the project is
located along the east side of Bunche Beach Road approximately ¼ mile south
of Summerlin Road. WHY ACTION IS NECESSARY: To provide potable water service, fire protection and sanitary sewer service to the proposed high-rise multi-family development. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual.
(#20030592-Utilities) |
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ACTION REQUESTED: Authorize the Chairman, on behalf of the BOCC to: 1) Execute an “Easement Termination Agreement” for the “Perpetual Public Utility Easement Grant” as recorded 04/08/02 in OR Book 3618, Pages 1569-74; 2) Record the replacement “Perpetual Public Utility Easement Grant” and, 3) Approve final acceptance, by Resolution, as a donation of a water main extension, one 4” diameter fire line and a gravity main extension serving Healthpark Commons, Phase II. This is a Developer contributed asset project located on the east side of Bass Road approximately 1,000’ north of Summerlin Road. WHY ACTION IS NECESSARY: To provide potable water service, fire protection and sanitary sewer service to this phase of the recently constructed commercial development. WHAT ACTION ACCOMPLISHES: Places the water and sewer systems into operation and complies with the Lee County Utilities Operations Manual. (#20030594-Utilities) |
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11. |
PARKS AND RECREATION |
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12. |
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: 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). (#20030608-Clerk of
Courts) |
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June
3, 2003
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1. |
COUNTY ADMINISTRATION |
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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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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: Approve mediated settlement in Lee County v. Exxon
Mobil Case No. 02-12215-CA, Parcels 105, 106 & 107. WHY ACTION IS NECESSARY: Board must approve settlement for it to be
effective. WHAT ACTION ACCOMPLISHES: Settles all claims, excluding attorney fees, costs
and expert fees. (#20030557-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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