|
District #1 Bob
Janes |
District #2 Douglas St. Cerny Vice Chairman |
District #3 Ray
Judah
|
District #4 Andrew W. Coy |
District #5 John E. Albion Chairman |
|
Donald D. Stilwell, County Manager |
|
James
G. Yaeger, County Attorney |
||
December 2, 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
Don Strange |
Winkler
Road Baptist Church |
||
|
|
|
|
|||
|
|
Pledge
of Allegiance |
|
|||
|
|
|
||||
|
|
Presentations: |
||||
|
|
|
·
|
|||
|
|
|
(Commissioner
Albion-#20031413) |
|||
|
|
|
||||
|
|
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 |
||||
December
2, 2003
|
1. |
COUNTY ADMINISTRATION |
||
|
2. |
CONSTRUCTION AND DESIGN |
||
|
|
ACTION REQUESTED: Approve Addendum to the Construction Manager
Agreement under RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION
MANAGEMENT, for the project known as Caloosahatchee Regional Park Boardwalk
& Fishing Pier Project, to Westco Builders of Florida, Inc., for the
Guaranteed Maximum Price (GMP) of $359,945.00 (includes the CM fee of
$25,208.00). 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. Also approve Budget
Transfer from Regional Park Impact Fee Reserves in the amount of $90,300 and
amend FY 03/04 - 07/08 CIP for the
Caloosahatchee Regional Park Project. WHY ACTION IS NECESSARY: Board approval is required. WHAT ACTION ACCOMPLISHES: Provides the County with a Construction Manager
that will provide any and all work to accomplish the Caloosahatchee Regional
Park Boardwalk & Fishing Pier Project.
(#20031362-Construction and Design) |
||
|
|
ACTION REQUESTED: Approve Addendum to the Construction Manager
Agreement under RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION
MANAGEMENT, for the project known as HVAC Roof Top Unit Replacement at the
Cape Coral Governmental Center, to Casey Construction, for the Guaranteed
Maximum Price (GMP) of $142,824.38 (includes the CM fee of $15,162.19). 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. Also
approve Budget Transfer of $142,825 from Capital Improvement Fund Reserves to
advance the Cape Coral Government Complex HVAC Rooftop Unit Replacement
Project and amend FY 03/04-07/08 CIP accordingly. WHY ACTION IS NECESSARY: Board approval is required. WHAT ACTION ACCOMPLISHES: Provides the County with a Construction Manager
that will provide any and all work to accomplish the HVAC Roof Top Unit
Replacement at the Cape Coral Governmental Center. (#20031368-Construction and Design) |
||
|
|
ACTION REQUESTED: Approve Change Order No. 6 to Contract No. 1928
for CN-02-01, LEE COUNTY CONSTITUTIONAL COMPLEX RENOVATIONS, in the amount of
$69,120.00, which will increase the total contract with Architectural
Concepts Inc. to $415,295.00. WHY ACTION IS NECESSARY: Board approval is required. WHAT ACTION ACCOMPLISHES: Provides for the build out of the first floor and
renovation of the fourth floor administrative area of the Constitutional
Complex. (#20031371-Construction and
Design) |
||
|
3. |
COUNTY COMMISSIONERS |
||
|
4. |
COMMUNITY DEVELOPMENT |
||
|
|
ACTION REQUESTED: Approve Bald Eagle Management Plan Nest and
Resolution for Oasis Key Development as recommended by Eagle Technical
Advisory Committee (ETAC) and Environmental Sciences staff. WHY ACTION IS NECESSARY: Board of County Commissioners must approve
management plans. WHAT ACTION ACCOMPLISHES: Accepts proposed Eagle Management Plan that
provides for conditions to protect the bald eagle nest located near Oasis Key
to enable compatible development of property. (#20031412-Environmental Sciences) |
||
|
5. |
HUMAN SERVICES |
||
|
6. |
INDEPENDENT |
||
|
|
ACTION
REQUESTED: Accept utility easement grant
from GEC MLK, LLC. for the Hough Street warehouse.
Authorize payment of recording fees and Division of County Lands to
handle all documentation necessary to complete transaction. WHY ACTION
IS NECESSARY: The Board must accept all Real Estate conveyances
to Lee County. WHAT ACTION
ACCOMPLISHES: This will provide an easement for water and sewer
service. (#20031379-County Lands) |
||
|
|
ACTION
REQUESTED: Authorize the Chairman to execute the Multi-Year
Joint Participation Agreement Notification of Funding with the Florida
Department of Transportation for FY 2004 funding and subsequent allocations
under FDOT Contract AN453 for the award of grant funds under USC Section 5311
Non-urbanized Area Formula Program.
Authorization to accept funding under the USC Section 5311
Non-Urbanized Area Formula Grant Program administered by the Florida
Department of Transportation. WHY ACTION
IS NECESSARY: To obtain fiscal year 2004 Transit operating
assistance through the Section 5311 Program and subsequent grant funds
awarded under this multi-year contract. WHAT ACTION
ACCOMPLISHES: This will enable LeeTran to receive $150,169.00 in
operating assistance through the State’s Section 5311 Grant Program for
fiscal year 2004 and subsequent allocations as provided under the
agreement. (#20031390-Transit) |
||
|
|
ACTION
REQUESTED: Authorize the Chairman to execute the Multi-Year
Joint Participation Agreement Notification of Funding with the Florida
Department of Transportation for FY 2004 State Public Transit Block Grant funding
and subsequent allocations under FDOT Contract AN453. Authorization to accept funding under
State Public Transit Block Grant. WHY ACTION
IS NECESSARY: To obtain fiscal year 2004 Transit operating
assistance through the State Block Grant Program and subsequent grant funds
awarded under this multi-year contract. WHAT ACTION
ACCOMPLISHES: This will enable LeeTran to receive $1,290,648.00
in operating assistance through the State’s Public Transit Block Grant for
fiscal year 2004 and subsequent allocations as provided under the
agreement. (#20031391-Transit) |
||
|
7. |
PUBLIC SAFETY |
||
|
|
ACTION
REQUESTED: Approve the Helicopter Component Support Agreement
between American Eurocopter LLC and Lee County Board of County Commissioners
for Eurocopter EC145 Helicopter, to cover all scheduled and unscheduled
airframe maintenance, for an amount of $311.00 per hour of flight time, with
a contract term of Five (5) years.
Also approve any adjustments in this rate by American Eurcopter LLC
annually on or after January 2 of each year during the contract term. WHY ACTION
IS NECESSARY: Board approval is required for all agreements. WHAT ACTION
ACCOMPLISHES: Provides Lee County Public Safety with a
Helicopter Component Support Agreement for the new Eurcopter EC145 helicopter
airframe. (#20031320-EMS) |
||
|
|
ACTION
REQUESTED: Approve the Support By the Hour (SBH) Agreement
between Turbomeca USA Inc. and Lee County Board of County Commissioners to
provide maintenance and parts for the new helicopter’s engines. WHY ACTION
IS NECESSARY: Board approval is required for all agreements. WHAT ACTION
ACCOMPLISHES: Provides engine parts and maintenance for the new
EMS helicopter at a fixed price.
(#20031324-EMS) |
||
|
8. |
SOLID WASTE-NATURAL
RESOURCES |
||
|
|
ACTION
REQUESTED: Concur with the ranking of Consultants by the
Competitive Negotiations committee for CN-03-18 North Captiva Island Beach
Erosion Control 2003 Feasibility Study, and authorize contract negotiations
to commence with the number one ranked firm:
(1) Coastal Planning & Engineering, Inc., (2) Humiston & Moore
Engineers, P.A., and (3) Coastal Engineering Consultants, Inc. Further
authorize the Chairman on behalf of the Board to execute an agreement for an
amount not-to-exceed $200,000.00. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: This project involves the Consultant providing and
performing the following professional services: Compile a preliminary list of technically feasible management
alternatives to be evaluated in the context of site-specific circumstances
and constraints, and ranks the acceptable alternatives. (#20031347-Natural Resources) |
||
|
|
ACTION REQUESTED: Award the Construction Management Agreement under
RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, for the
project known as Paper Shredder Building Project, to Lodge Construction Inc.,
for the Guaranteed Maximum Price (GMP) of $123,972.00 (includes the CM fee of
$11,200.00). At this time it is being
requested that the Board 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: Board approval is required. WHAT ACTION ACCOMPLISHES: Provides the County with a Construction Manager
that will provide for the construction of a paper shredder building to be
located within the same Campus as the Lee County Transfer Station. (#20031403-Solid Waste) |
||
|
9. |
TRANSPORTATION |
||
|
|
ACTION REQUESTED: Approve the Roadway Lighting System Agreement with
the Florida Department of Transportation for roadway lighting on SR 93 (I-75)
@ Alico Road. Also, approve the
Resolution authorizing the Chairman to execute this Agreement. WHY ACTION IS NECESSARY: Requires Board of County Commissioner approval for
agreements. WHAT ACTION ACCOMPLISHES: By agreeing to the installation of the lighting,
at no cost to the County, Florida Department of Transportation will proceed
to replace the existing lighting system with a new system meeting today’s
current standards. Lee County will
only be responsible for the lights not within limited access right-of-way. (#20031292-Transportation) |
||
|
|
ACTION REQUESTED: Approve the Joint Project Agreement-Highway
Lighting Agreement with the Florida Department of Transportation for roadway
lighting on SR 80 Orange River Road.
Also, approve the Resolution authorizing the Chairman to execute this
Agreement. WHY ACTION IS NECESSARY: Requires Board of County Commissioner approval for
agreements. WHAT ACTION ACCOMPLISHES: By agreeing to construct or reconstruct a transportation facility identified as SR 80 Orange River Road, the Florida Department of Transportation will proceed with this project. Lee County will only be responsible for maintenance and payment of all cost of electrical power and/or other electrical charges. (#20031293-Transportation) |
||
|
|
ACTION
REQUESTED: Approve Change Order No. 2 to Contract No. 1983, with Pitman-Hartenstein & Associates, Inc. in the amount of $567,574.29 for surveying and design services for widening of Bonita Beach Road from four to six lanes beginning east of Lime St., proceeding approximately 4,800 feet west to Old US 41. Also, approve transfer from Reserves in the amount of $750,000.00. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Provides surveying and design services for the
widening of a portion of Bonita Beach Road from four to six lanes. The proposed project will begin east of
Lime St., and proceed approximately 4,800 feet west to Old US 41. (#20031329-Transportation) |
||
|
10. |
UTILITIES |
||
|
|
ACTION REQUESTED: Approve construction of water main extension
serving Villa Vincente, Saint Vincente
de Paul Elderly Housing. This is
a Developer contributed asset project located on the south side of Palm Beach
Boulevard, approximately 1-1/3 miles east of S.R. 31. WHY ACTION IS NECESSARY: To provide potable water service and fire
protection the proposed 60-unit assisted living facility. WHAT ACTION ACCOMPLISHES: Complies with the Lee County Utilities line
extension policy and provides adequate utility infrastructure to support the
development of the subject property.
(#20031352-Utilities) |
||
|
|
ACTION REQUESTED: Approve final acceptance, by Resolution, and
recording of one (1) Utility Easement as a donation of a water distribution
system, gravity collection system, two (2) lift stations and a force main
serving Verandah –Phase 1A-2.
This is a Developer Contributed asset project located on the south
side of State Road 80, approximately ½ mile east of State Road 31. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this phase of the residential development. WHAT ACTION ACCOMPLISHES: Places the water and sewer systems into operation
and complies with the Lee County Utilities Operations Manual. (#20031353-Utilities) |
||
|
|
ACTION
REQUESTED: Approve final acceptance, by Resolution, and
recording of one (1) Utility Easement as a donation of a water distribution
system, one (1) 4” diameter fire line, a gravity collection system, lift
station and force main serving Heritage Pointe – Phases 1A & 1B.
This is a Developer contributed asset project located along Pine
Ridge Road, approximately 2,000’ North of Summerlin Road. WHY ACTION
IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this phase of the multi-family residential
development. WHAT ACTION
ACCOMPLISHES: Places the water and sewer systems into operation
and complies with the Lee County Utilities Operations Manual. (#20031354-Utilities) |
||
|
ACTION REQUESTED: Approve final acceptance, by Resolution, as a
donation for a water distribution system and gravity collection system
serving Colonial Pointe. This is a developer-contributed asset project located on the
north side of Gladiolus Drive, approximately 1/4 mile west of Summerlin Road. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to the recently constructed residential
subdivision. WHAT ACTION ACCOMPLISHES: Complies with the Lee County Utilities Operations
Manual and places the water system and gravity collection system into
operation. (#20031355-Utilities) |
|||
|
|
ACTION
REQUESTED: Concur with the selected contractor by the
Qualification Selection Committee for RFQ-04-01 Deep Injection Well &
Monitoring Well Construction, and authorize Staff to negotiate on a
project-by-project basis with Youngquist Brothers, Inc. This contract will be for a period of 5
years. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Provides construction and construction management
services for the construction of Class I Injection Wells and associated
Dual-Deep Monitoring well systems to be located at various sites throughout
Lee County. Construction and/or
construction management services may include, but not be limited to,
construction of the wells, pre-qualifying and managing of subcontractors,
purchase of materials and equipment, constructability review, cost estimating
and overall construction management activities. (#20031378-Utilities) |
||
|
11. |
PARKS AND RECREATION |
||
|
|
ACTION
REQUESTED: Request approval of the Hickey’s Creek Mitigation
Park Land Stewardship Plan. WHY ACTION
IS NECESSARY: The procedure for management of preserves owned by
Lee County is part of joint agreements with the Florida Communities Trust and
the Florida Fish and Wildlife Conservation Commission. WHAT ACTION
ACCOMPLISHES: Gives Lee County Parks and Recreation staff
authority to implement the plan.
(#20031312-Parks and Recreation) |
||
|
12. |
COUNTY ATTORNEY |
||
|
|
ACTION REQUESTED: Authorize County Attorney to accept proposal for
appraisal consulting services in regard to pending and threatened litigation
over provisions of the recently adopted Pine Island Community Plan. WHY ACTION IS NECESSARY: The proposal sets a “not to exceed” amount that is
higher than the County Attorney’s purchasing limits. WHAT ACTION ACCOMPLISHES: Allows County Attorney to go forward with analysis
of potential for County liability under provisions of the Pine Island
Community Plan. (#20031394-County
Attorney) |
||
|
13. |
HEARING EXAMINER |
||
|
14. |
PORT AUTHORITY |
||
|
15. |
CONSTITUTIONAL OFFICERS |
||
|
|
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). (#20031392-Clerk of Courts) |
||
December
2, 2003
|
1. |
COUNTY ADMINISTRATION |
||
|
2. |
CONSTRUCTION AND DESIGN |
||
|
3. |
COUNTY COMMISSIONERS |
||
|
4. |
COMMUNITY DEVELOPMENT |
||
|
5. |
HUMAN SERVICES |
||
|
6. |
INDEPENDENT |
||
|
|
ACTION
REQUESTED: Consider whether to either continue the
Conservation 20/20 Program on an annual basis by the Board’s action without
referendum for another seven years (05-12), or send (present) the renewal
decision to the voters for another vote to be taken on a straw ballot
question in the November 2004 election. WHY ACTION
IS NECESSARY: Staff and the Conservation Lands
Acquisition & Stewardship Advisory Committee (CLASAC) need direction
to either continue to collect and evaluate nominations for future
acquisitions or to assist the Board in the preparation of a straw ballot for
election. Staff and CLASAC also need direction whether to proceed with or to
postpone a re-evaluation of Ordinance 96-12, which sets forth the procedural
requirements of the Conservation 20/20 Program. WHAT ACTION
ACCOMPLISHES: Provides policy direction to CLASAC and staff that
tax revenues will continue to be received after FY 2004/5 or provides notice
that policy regarding future funding will be determined by the November 2004
election. These future funds will be used to continue to acquire
environmentally sensitive lands, with a percentage set aside for long-term
stewardship per Board direction. In either case, staff and CLASAC will
continue to restore and manage acquired lands with management funds set aside
from the first 7 years for such purpose.
(#20031278-County Lands) |
||
|
7. |
PUBLIC SAFETY |
||
|
8. |
SOLID WASTE-NATURAL
RESOURCES |
||
|
9. |
TRANSPORTATION |
||
|
10. |
UTILITIES |
||
|
11. |
PARKS AND RECREATION |
||
|
|
ACTION
REQUESTED: Approve the “First amendment to the interlocal
agreement between Lee County and the School Board for the Lehigh School
Multi-Generational Community Center”.
Approve interest bearing loan from the general fund to the Veteran’s
Park project for $2,900,000; transfers and resolution, and amend the FY 03/04
- 07/08 CIP accordingly. WHY ACTION
IS NECESSARY: Board must approve all amendments to existing
agreements and loans. WHAT ACTION
ACCOMPLISHES: Establishes specific obligations for Lee County
and the School Board for the construction of the Lehigh Veteran’s Park
Recreation Center. (#20031384-Parks
and Recreation) |
||
|
12. |
COUNTY ATTORNEY |
||
|
|
ACTION REQUESTED: Request Board adopt by Resolution, an
Administrative Code amending Administrative Code No. 1-3, relating to
procedures for Board meetings and adopting Ordinances; adding a provision for
the execution of County-approved documents. WHY ACTION IS NECESSARY: To update AC-1-3. WHAT ACTION ACCOMPLISHES: Updates the procedures for the execution of
Board-approved County documents.
(#20031333-County Attorney) |
||
|
|
ACTION REQUESTED: Provide direction with respect to drafting of the
blasting ordinance amendment and extension of the existing development
blasting moratorium along Winkler Road Extension; direct moratorium extension
ordinance to public hearing on December 16, 2003 at 9:30 a.m. or as soon
thereafter as it may be heard. WHY ACTION IS NECESSARY: Board direction is necessary to determine
appropriate course of staff action. WHAT ACTION ACCOMPLISHES: Provide the necessary direction regarding the
amendment to the development blasting regulations. (#20031385-County Attorney) |
||
|
|
ACTION REQUESTED: Approve an Interlocal Agreement between Lee County
and the City of Bonita Springs for the purpose of the City enhancing the
Beach Park North on Hickory Island by creating a small parking facility to
provide additional parking on Bonita Beach. WHY ACTION IS NECESSARY: Interlocal Agreements must be approved by the
Board of County Commissioners. WHAT ACTION ACCOMPLISHES: Allows the City of Bonita Springs to maintain and
improve Lee County’s jurisdictional property at no additional cost to the
County. (#20031389-County Attorney) |
||
|
13. |
HEARING EXAMINER |
||
|
14. |
PORT AUTHORITY |
||
|
15. |
CONSTITUTIONAL OFFICERS |
||