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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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November 25, 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
AM |
Invocation: |
Father
Stan Dombrowski |
St.
Cecilia Catholic Church |
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Pledge
of Allegiance |
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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
of items pulled for discussion |
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9:30
AM |
Public Hearing
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ACTION
REQUESTED: Consider executing a
development agreement with the owners and developers of the Gulf Coast Town
Center DRI that will govern the mitigation of the transportation impacts of
the DRI. Direct to second public
hearing on December 9, 2003, at 9:30 a.m., or as soon thereafter as may be
heard. (#20031331-County Attorney) |
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10:00
AM |
Presentation
by Dr. Susan Gray, PhD., Lake Okeechobee Restoration Project |
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Walk-ons
and Carry-overs |
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Commissioners'
Items/Committee Appointments |
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County
Manager Items |
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County
Attorney Items |
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Adjourn
until 5:00 PM |
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November 25, 2003
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1. |
COUNTY ADMINISTRATION |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION
REQUESTED: Approve the award of project EX040063, the
purchase of modular furniture from Office Furniture and Design at the Florida
State Contract price of $151,834.83 (of which $7,178 is non-contract). Also approve the expenditure of a
not-to-exceed amount of $15,183.50 for such incidentals such as overnight
delivery, emergency repairs, as well as any unforeseen parts that may be
necessary. WHY ACTION
IS NECESSARY: The Board must approve purchases over $50,000. WHAT ACTION
ACCOMPLISHES: Provides modular furniture for the 2nd
floor of the Lee County Justice Center.
(#20031336-Public Works) |
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ACTION REQUESTED: Approve Pre-Construction Fees in the amount of
$385,644.00 for the Addendum to the Construction Manager Agreement, for
RFQ-02-04 Justice Center Expansion Phase 2 (3rd Floor Pod A Court
Smart and Preconstruction for the balance of Justice Center Expansion), with
Centex Rooney Construction Company (Contract #2161). WHY ACTION IS NECESSARY: Board approval required. WHAT ACTION ACCOMPLISHES: Approves Preconstruction fees for the balance of
Justice Center Expansion project.
(#20031343-Construction and Design) |
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ACTION
REQUESTED: Award Professional Services Agreement for CN-03-08
SIX MILE CYPRESS SLOUGH PRESERVE VISITOR CENTER, to Parker, Mudgett, Smith
Architects Inc. for a contract amount of
$199,622.00. WHY ACTION
IS NECESSARY: Board approval required. 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. (#20031344-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 to Vacate a 12-foot wide
Drainage and Public Utility Easement located at 6141 and 6151 Astoria Ave,
Fort Myers, FL 33905, and adopt a resolution, setting a Public Hearing for
5:00 PM on the 13th day of January 2004. (Case No. VAC2003-00062). WHY ACTION
IS NECESSARY: To build a single-family residence on the combined
lots. The vacation of this easement will not alter existing drainage and/or
utility conditions and the easement is not necessary to accommodate any
future drainage and/or utility requirements. WHAT ACTION
ACCOMPLISHES: Sets the time and date of the Public Hearing. (#20031283-Development Services) |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Authorize: Approval of Resolution declaring
property surplus and the sale of "15 acres of real property
located in South Fort Myers Park, Lee County, Florida to the Lee County
School Board; Chairman, on behalf of the Board, to sign the Agreement for
Purchase and Sale of Real Estate; direct staff to negotiate and bring back to
the Board Interlocal and Subordination Agreements with the Lee County School
Board; payment of costs to close; and the Division of County Lands to handle
and accept all documentation to complete this transaction. WHY ACTION
IS NECESSARY: The Board must formally approve all Resolutions
and Real Estate conveyances to and from Lee County. WHAT ACTION
ACCOMPLISHES: Allows the County to sell property for a school
with shared facilities for public use.
(#20031305-County Lands) |
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ACTION REQUESTED: Approve award of a contract to Kronos from State
contract SC252-023-00-1 for an automated payroll timekeeping system,
training, data collection devices, professional services, travel. Permission is also requested to purchase
the annual maintenance for the useful life of this hardware/ software at an
annual cost of approximately $60,000.
Approve contract change order #6 to Lee County Contract No. 2299 with
SchlumbergerSema under CN-02-28, Information Technology &
Telecommunications for additional staffing to manage the project in the
amount of $156,000 Kronos initial cost:
$$488,830 ($450,185 per quote,
$10,000 travel, $28,645 hardware) Schlumberger initial cost - $156,000 Project
Manager – Three years additional administrator cost to be absorbed under the
current Schlumberger contract. Total
first year: $644,830. Authorize
transfer from General Fund Reserves in the amount of $644,830 to Account
KC5132851500.503460. General Fund to
be reimbursed by ITG Reserve funds after carryovers are processed. WHY ACTION IS NECESSARY: Purchases over $50,000 must be approved by the
Board. WHAT ACTION ACCOMPLISHES: Provides the County with an automated payroll system that will provide efficiencies and culminate in an ROI of 10.2 months. (#20031350-ITG) |
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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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ACTION
REQUESTED: BOCC approval for the Chairman to execute the
attached Resolution and State of Florida Department of Transportation (FDOT)
Highway Landscaping Installation and Maintenance Agreement. WHY ACTION
IS NECESSARY: BOCC approval is required for the execution of the
Resolution and Agreement. WHAT ACTION
ACCOMPLISHES: Adopts a Resolution, authorizing the Chairman to
execute the Resolution and Agreement, allowing FDOT to issue a permit for the
County to install and maintain landscaping and irrigation improvements within
FDOT’s jurisdiction at the Bayshore Road and Interstate 75 interchange. (#20031325-Transportation) |
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10. |
UTILITIES |
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ACTION REQUESTED: Approve construction of a water main extension
serving Tara Woods, Phase 3-A. This is a Developer contributed asset and
the project is located on the southeast corner of US 41 north and Nalle Grade
Road Extension. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
to this phase of the proposed residential development. WHAT ACTION ACCOMPLISHES: Provides adequate water utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual.
(#20031289-Utilities) |
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ACTION REQUESTED: Approve construction of water main extension and a
force main connection serving Sweetwater
Landing Restaurant, f/k/a Marina
31. This is a Developer contributed asset and the project is located at
the west side of SR 31 just south of the Caloosahatchee. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to the proposed restaurant. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual.
(#20031315-Utilities) |
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ACTION
REQUESTED: Approve final acceptance by Resolution and recording
of an easement as a donation of one 10” diameter master meter assembly and a
force main connection serving The Shoppes at Plantation, Phase 1. This is a developer contributed asset
project located on the southwest corner of Daniels Parkway and Plantation
Road. WHY ACTION
IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this phase of the proposed shopping center.
This phase consists of a Walgreen’s pharmacy only. WHAT ACTION
ACCOMPLISHES: Places the water and sewer systems into operation
and complies with the Lee County Utilities Operations Manual. (#20031326-Utilities) |
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ACTION REQUESTED: Approve final acceptance, by Resolution as a
donation for one 6’’ diameter fire line serving Miromar Factory Outlet Store,
Building ‘f’. This is a
Developer contributed asset project located on the northwest corner of
Corkscrew Road and Ben Hill Griffin Parkway. WHY ACTION IS NECESSARY: To provide fire protection the recently
constructed commercial building. WHAT ACTION ACCOMPLISHES: Places the fire line into operation and complies
with the Lee County Utilities Operations Manual. (#20031330-Utilities) |
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ACTION
REQUESTED: Approve for acceptance and after-the-fact
emergency under E-03-08, GES Resolution No. 03-07-08 for a City of North
Miami Beach Sewer Collection System Rehabilitation Project Number 2002-14
Piggyback with Griner’s Pipeline Services, Inc. for the emergency
installation of 1,238 LF of 18” cured pipe in the amount of $105,000.00. WHY ACTION
IS NECESSARY: Board approval is required. WHAT ACTION
ACCOMPLISHES: Provides after-the-fact approval under the
emergency GES Resolution for purchase order number 53265 for the emergency
installation of pipe in the former GES system. (#20031337-Utilities) |
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11. |
PARKS AND RECREATION |
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12. |
COUNTY ATTORNEY |
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ACTION REQUESTED: Approve continued use of the law firm of Williams,
Mullen, Clark & Dobbins through the persons of R. Stuart Broom, Esq. and
William (“Tracy”) Schwarzschild, Esq. for legal services relating to the Lee
County Waste-to-Energy Third Boiler Unit and the Covanta, Inc. Chapter 11
Bankruptcy, for the approved amount of an additional $200,000.00. WHY ACTION IS NECESSARY: Expenditures for outside legal services above the
County Attorney and County Manager’s authorization levels must be approved by
the Board of County Commissioners. WHAT ACTION ACCOMPLISHES: Allows for continued use of outside legal services
for two essential matters involving Covanta, Inc. that require outside legal
representation. (#20031338-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). (#20031349-Clerk of
Courts) |
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ACTION REQUESTED: Present financial report
for information purposes. WHY ACTION IS NECESSARY: To provide interim reporting on selected funds and revenues of the Lee County Board of County Commissioners. Also included, in compliance with Florida Statute 218.415, Local Government Investment Policies, is the stated and fair market value of the investments managed by the Clerk’s Office. WHAT ACTION ACCOMPLISHES: 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.
(#20031351-Clerk of Courts) |
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ACTION REQUESTED: Approve payment of
delinquent tax overbid claim-Cosby. WHY ACTION IS NECESSARY: Pursuant to Florida Statute 197. Lee County is holding overbid funds from delinquent tax sales. WHAT ACTION ACCOMPLISHES: The Clerk has received a claim for these funds and
requests that you release them.
(#20031359-Clerk of Courts) |
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ACTION REQUESTED: Approve payment of
delinquent tax overbid claim-Smith. WHY ACTION IS NECESSARY: Pursuant to Florida Statute 197. Lee County is holding overbid funds from delinquent tax sales. WHAT ACTION ACCOMPLISHES: The Clerk has received a claim for these funds and
requests that you release them.
(#20031360-Clerk of Courts) |
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ACTION REQUESTED: Approve budget transfer to the Sheriff’s FY 02/03 Budget to reflect a return of unspent monies of $292,088 and to reflect actual line item expenditure totals. Also, accept the receipt of $153,147.39 of interest earnings and $871,454.70 for Federal Inmate Housing revenues that were previously budgeted. Approve budget amendment resolution for the receipt of False Alarm Fees in the amount of $186,720 that was not previously budgeted. WHY ACTION IS NECESSARY: Sheriff and Board of County Commissioners adjust accounts at the close of each fiscal year to facilitate the reconciliation of expenditures for the combined annual financial report. This annual audit is required by Florida Statutes. WHAT ACTION ACCOMPLISHES: Return of non-spent and collected funds. (#20031363-Sheriff) |
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ACTION REQUESTED: Approve transfer from the General Fund #001 Reserves in the amount of $266,813. Funds are from excess/unspent funds from FY 02/03. Amend the LCSO FY 03/04 budget accordingly. WHY ACTION IS NECESSARY: Board approval is needed to expend funds. WHAT ACTION ACCOMPLISHES: Enable Sheriff’s Office to carry over prior year approved expenditures into new fiscal year. (#20031364-Sheriff) |
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ACTION REQUESTED: Approve the expenditure of $25,500 from the Law Enforcement Trust Fund #105000. WHY ACTION IS NECESSARY: Florida State Statute 932.7055 requires Board of County Commissioners approval of expenditures from the Law Enforcement Trust Fund, which is funded by revenues from confiscated property. WHAT ACTION ACCOMPLISHES: Funds will be used for investigations and investigative costs. (#20031365-Sheriff) |
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ACTION REQUESTED: Approve expenditures in the amount of $129,600 by the Lee County Sheriff’s Office. Revenues for these expenditures were from the sale of a surplus helicopter and a donation for a replacement K-9. WHY ACTION IS NECESSARY: Board approval is needed to expend funds collected. WHAT ACTION ACCOMPLISHES: Enable Sheriff’s Office to offset expenditures. (#20031366-Sheriff) |
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ACTION REQUESTED: Approve expenditures in the amount of $117,734 by the Lee County Sheriff’s Office. Revenues for these expenditures were from various fees, services, etc. that were collected by the Sheriff’s Office during the period of 09-01-03 thru 09-30-03. WHY ACTION IS NECESSARY: Board approval is needed to expend funds collected. WHAT ACTION ACCOMPLISHES: Enable Sheriff’s Office to offset expenditures. (#20031367-Sheriff) |
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ACTION
REQUESTED: Approve lease with Commercial Net Lease Realty,
Inc. for 53,827 sq. ft. of space in the facility located at 13180 South
Cleveland Avenue, in Ft. Myers and a transfer of $440,100 from General Fund
Reserves. Lease will be for 5 years
at a cost of $8.50 per sq. ft. or $457,529.50 per year, with an option to
purchase between the first 24 to 36 months on the initial term. If the option is not taken, lease can be
renewed for an additional 5 years under the same terms and conditions except
that rental cost will increase to $9.35 per sq. ft. or $503,282.45 per year. There will be no CAM charges during the
initial or any renewal term. Lease
can be terminated by giving six months advance written notice. WHY ACTION
IS NECESSARY: Board must approve all lease agreements and
transfers from Reserves. WHAT ACTION
ACCOMPLISHES: Allows Supervisor of Elections to relocate the
Elections Center to a larger facility to accommodate the various functions
that it is now having to perform such as training of approximately 3,000 poll
workers, storage of the new voting computers, and offices for 14 full time
personnel. (#20031345-Supervisor of
Elections) |
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November
25, 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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ACTION REQUESTED
Authorize the Solid Waste Division, Division of
Budget Services, and the County Attorney’s Office to proceed with all
necessary administrative activities related to requesting proposals for
design services, negotiating management services with Covanta, and finalizing
a recommended financing plan(s) for the design and construction of the Waste
To Energy Expansion Project, third combustion unit, in accordance with the
attached memo. WHY ACTION IS NECESSARY: Board’s review and authorization requested by
staff. WHAT ACTION ACCOMPLISHES: Allows staff to negotiate and draft various
professional service agreements, planning documents and financing plans for
the Board’s future consideration. All
documents and staff recommendations will be presented to the BOCC on separate
“Blue Sheets”. (#20031341-Solid
Waste) |
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9. |
TRANSPORTATION |
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10. |
UTILITIES |
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ACTION
REQUESTED: Terminate previous award to Allied Universal
Corporation for chlorine of Formal Quote #Q-010287, Chemicals for Utilities. Also request
that Allied Universal Corporation not be allowed to submit quotes for
chlorine only, to Lee County, based on their performance on this quote, for a
period of 180 days. Informal
telephone quotes will be taken to obtain this product at the best possible
price until a formal annual quote can be put in place. WHY ACTION
IS NECESSARY: Allied Universal Corporation did not meet
performance requirements as per the specifications of this quote. WHAT ACTION
ACCOMPLISHES: Protects the safety and well-being of our community
and of the citizens of Lee County.
(#20031358-Utilities) |
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11. |
PARKS AND RECREATION |
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12. |
COUNTY ATTORNEY |
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ACTION REQUESTED: Adopt resolution amending the Jetport Interstate
Commerce Park DRI Development Order and DRI Map H. WHY ACTION IS NECESSARY: Florida Statutes requires Board approval of
amendments to developments of regional impact. WHAT ACTION ACCOMPLISHES: Amends the DRI Development Order and Master
Development Plan (Map H) for the Jetport Interstate Commerce Park DRI through
an expedited process in accordance with Florida Statutes and the Lee County
Land Development Code.
(#20031328-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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PUBLIC AGENDA
November 25, 2003
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5:00
PM |
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Public
Hearing |
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ACTION REQUESTED: Conduct a Public Hearing to adopt a Petition to Vacate a 12-foot wide Public Utility Easement located at 636-638 Meadow Road, Lehigh Acres Florida. (Case No. VAC2003-00039) WHY ACTION IS NECESSARY: To build a single-family residence on the combined lots. The vacation of this easement will not alter existing drainage and/or utility conditions and the easement is not necessary to accommodate any future drainage and/or utility requirements. WHAT ACTION ACCOMPLISHES: Vacates the Public Utility Easement. (S5-T45S-R26E) (#5) (#20031236-Development Services) |
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Public
Hearing |
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ACTION
REQUESTED: Conduct a Public
Hearing to adopt a Petition to Vacate a 12-foot wide Drainage and Public Utility Easement
located at 914 Capetown Avenue, Lehigh Acres, Florida. (Case No. VAC2003-00052) WHY ACTION
IS NECESSARY: To build a
single-family residence on the combined lots. The vacation of this easement will not alter existing drainage
or utility conditions and the easement is not necessary to accommodate any
future drainage or utility requirements. WHAT ACTION
ACCOMPLISHES: Vacates the Drainage and Public Utility
Easement. (S26-T45S-R27E) (#5)
(#20031281-Development Services) |
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Public
Hearing |
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ACTION
REQUESTED: To adopt and enact an non-emergency ordinance to
amend Lee County Ordinance No. 02-13, to authorize The Verandah West
Community Development District to exercise special powers for parks
(recreation) and security to public hearing on November 25, 2003 at 5:00 p.m. WHY
ACTION IS NECESSARY: The Verandah West Community Development District
has petitioned the Board of County Commissioners for consent to exercise
special powers for parks (recreation) and security under F.S. §190.012(2)(a)
and (d). WHAT
ACTION ACCOMPLISHES: Allows the Board to consider the petitioned
request of The Verandah West Community Development District and provides a
forum to evaluate the appropriateness of the request. (#20031374-County Attorney) |
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Public
Hearing |
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ACTION REQUESTED: Conduct public hearing to approve, by Ordinance and Resolution, Toll Structure Revisions for Variable Pricing for three-plus axle vehicles and for integration with the State of Florida SunPass System. WHY ACTION IS NECESSARY: Revisions to Lee County Toll Rates require a
public hearing. WHAT ACTION ACCOMPLISHES: Adopts Ordinance and Resolution implementing Toll
Rates and allows for the integration of Florida SunPass System. (#20031373-County Attorney) |
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5:05
PM |
Public
Presentation of Matters by Citizens |
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Adjourn |
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