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

 

 

February 3, 2004

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 Bob Formica

North Shore Alliance Church

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

 

 

·         

Library Appreciation Month Resolution

 

 

(Commissioner Judah-#20040092)

 

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

February 3, 2004

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

Award RFQ-04-03 CONSTRUCTION MANAGEMENT FOR SCHANDLER HALL COMMUNITY PARK, for the Department of Construction & Design, to Wright Construction Corporation, for an amount of $16,066.00 for pre-construction services (phase 2) and for the sum of eight percent (8%) of the total construction cost for phase 2 only of this project.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Provide construction management services for the construction of the Schandler Hall Community Park located off Palm Beach Blvd, East Fort Myers, Florida.  Services to include the design phase 2 fee (preconstruction requirements) to bid the project and develop a GMP.  (#20040061-Construction and Design)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Accept Beach Storm Damage Reduction Easements for Parcels 22, 60, 63, 69, 70, 71, 72, 118, 154, 160, 169 and 201, for the Estero Island Beach Restoration Project No. 3022; authorize the Division of County Lands to handle and accept all documentation necessary; authorize necessary recording fees.

WHY ACTION IS NECESSARY:

To secure easements along Fort Myers Beach on Estero Island for the proposed beach renourishment project.

WHAT ACTION ACCOMPLISHES:

Enables County to pursue Federal funding for the project.  (#20031119-County Lands)

 

 

(b)

ACTION REQUESTED:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $100,100 for Parcel 134, Veronica S. Shoemaker Blvd. (formerly Palmetto Avenue) Extension, Project No. 4073, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.  (#20040015-County Lands)

 

 

(c)

ACTION REQUESTED:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $39,300 for Parcel 135, Veronica S. Shoemaker Blvd. (formerly Palmetto Avenue) Extension, Project No. 4073, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.  (#20040016-County Lands)

 

 

(d)

ACTION REQUESTED:

Award B-04-08 Cottage Point Water Main MSTBU, for the Public Resources Division, to the low bidder meeting all bidding requirements, Gulf Coast Underground, for a total not-to-exceed amount of  $183,186.20 with a project completion time of 105 calendar days.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

To provide a contractor who will install approximately 1,555 LF of 4" waterline and 1,770 LF of 8" waterline including services to 61 equivalent residential units and all related valves, fittings, and hydrants.  (#20040023-MSTBU Services)

 

 

(e)

ACTION REQUESTED:

Approve Purchase Agreement for acquisition of Parcel 227, Three Oaks Parkway South Extension Project No. 4043, in the amount of $83,000.00; authorize payment of costs to close and the 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:

The Board avoids Eminent Domain.  (#20040030-County Lands)

 

 

(f)

ACTION REQUESTED:

Approve Purchase Agreement for acquisition of Parcel 220, Three Oaks Parkway South Extension Project No. 4043, in the amount of $37,365.00; authorize payment of costs to close and the 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:

The Board avoids Eminent Domain.  (#20040043-County Lands)

 

 

(g)

ACTION REQUESTED:

Approve Purchase Agreement for acquisition of Parcel 300, Three Oaks Parkway South Extension Project No. 4043, in the amount of $111,500; authorize payment of costs to close and the 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:

The Board avoids Eminent Domain.  (#20040048-County Lands)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Increase the annual contract expenditure amount under B-01-12, Annual Contract for Cleaning and Snagging, for the Division of Natural Resources, from $650,000.00 to $1,000,000.00 for the final year of the contract.

WHY ACTION IS NECESSARY:

Increases in Board approved contracts over level four authorization require approval by the Board.

WHAT ACTION ACCOMPLISHES:

Allows completion of various projects under existing contract before rainy season.  (#20040046-Natural Resources)

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Award B-04-03, Neighborhood District and County-wide Sidewalks, for the Department of Transportation, to the low bidder meeting all bidding requirements, Cougar Contracting Specialties, Inc., for a total not-to-exceed contract amount of $355,863.00, with a contract completion time of 180 calendar days.

WHY ACTION IS NECESSARY:

Board approval required.

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.  (#20031524-Transportation)

 

 

(b)

ACTION REQUESTED:

Request Board approve Change Order No. 4 to Cougar Contracting in the amount of $605,281.30 for Contract 2335 (B03-02).

WHY ACTION IS NECESSARY:

Board approval required for Change Orders over $50,000.00.

WHAT ACTION ACCOMPLISHES:

Enables a 6’ concrete sidewalk be constructed along the East side of Joel Blvd. in Lehigh from Bell Blvd. to Lakeview.  (#20040025-Transportation)

 

 

(c)

ACTION REQUESTED:

Amend the FY 03-08 CIP budget for the Three Oaks South project (#4043) to incorporate funds recently paid by the Simon Suncoast/Coconut Point DRI and advance the construction phase one year.  Also, approve budget amendment in the Transportation Capital Improvement Fund.

WHY ACTION IS NECESSARY:

Board approval required for CIP amendments.

WHAT ACTION ACCOMPLISHES:

Applies the DRI funds in an appropriate manner, frees up County gas tax revenues for other CIP needs, and advances the project construction phase one year from FY 05/06 to FY 04/05.  (#20040028-Transportation)

 


(d)

ACTION REQUESTED:

BOCC approval for the Chairman to execute the attached Resolution and State of Florida Department of Transportation (FDOT) Local Agency Program Agreement.  Also, approve Budget Amendment for $200,000 and amend the FY03-04/07-08 CIP accordingly.

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 and Lee County to participate in the installation of landscaping and irrigation improvements within FDOT’s jurisdiction at the Corkscrew Road and Daniels Parkway Interstate 75 interchanges.  (#20040010-Transportation)

 

 

(e)

ACTION REQUESTED:

Award B-04-07, County-Wide Resurfacing/Lehigh Acres/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 $1,430,867.61, with a contract completion time of 180 calendar days.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

This contract involves the road resurfacing and rebuilding of various streets located in Lehigh Acres and South Fort Myers.  (#20040057-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve final acceptance, by Resolution, as a donation of water main relocation serving Vision XXIV Frontage Road. This is a Developer contributed asset project located on the east side of Pine Ridge Road approximately 300 feet south of Summerlin Road.

WHY ACTION IS NECESSARY:

Provides adequate water infrastructure to support future development.

WHAT ACTION ACCOMPLISHES:

Places the water main into operation and complies with the Lee County Utilities Operations Manual.  (#20031420-Utilities)

 

 

(b)

ACTION REQUESTED:

Approve the utilization of piggybacking from City of Lake Worth RFP No. 00/01-495, for Maintenance of Water Storage Tanks, with Utility Service Co., Inc., for the Tice and North Fort Myers Tanks, for the amounts indicated in the agreement for a contract period through year 2009.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

By allowing the Department to piggyback onto the City of Lake Worth contract it will allow Lee County Utilities to have a contractor to perform maintenance on the Tice and North Fort Myers Water Storage Tanks.  (#20031459-Utilities)

 

 

(c)

ACTION REQUESTED:

Approve final acceptance by Resolution, and recording of one utility easement, as a donation for one fire hydrant serving Hitch & Trailer of Fort Myers.  This is a Developer contributed asset project located south side of Ben C. Pratt/Six Mile Cypress Parkway approximately 1200 feet west of Metro Parkway.

WHY ACTION IS NECESSARY:

To provide fire protection to the recently constructed commercial building.

WHAT ACTION ACCOMPLISHES:

Places the fire hydrant into operation and complies with the Lee County Utilities Operations Manual.  (#20031471-Utilities)

 

 

(d)

ACTION REQUESTED:

Approve construction of a force main serving Tuffy Service Center.   This is considered a Developer contributed asset project which is located on the west side of U.S 41 approximately 750’ south of Park Road.

WHY ACTION IS NECESSARY:

To provide sanitary sewer service to this proposed commercial building.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20031512-Utilities)

 

 

(e)

ACTION REQUESTED:

Approve final acceptance by Resolution as a donation for a water distribution system serving Herons Glen, Unit 10.  This is a Developer contributed asset project located on the east side of N. Tamiami Trail approximately ¼ mile south of the Lee/Charlotte County line.

WHY ACTION IS NECESSARY:

To provide potable water service to this phase of the residential development.

WHAT ACTION ACCOMPLISHES:

Places the water distribution system into operation and complies with the Lee County Utilities Operations Manual.  (#20031522-Utilities)

 

 

(f)

ACTION REQUESTED:

Approve construction of a water main extension serving Winkler Pointe Subdivision.  This is a Developer contributed asset and the project is located on the northeast corner of Winkler and Summerlin Roads.

WHY ACTION IS NECESSARY:

To provide potable water service and fire protection to this proposed three lot commercial subdivision.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20040032-Utilities)

 

 

(g)

ACTION REQUESTED:

Approve construction of water and gravity main extensions serving HERITAGE POINTE, PHASES 2B, 3A & 3B.  This is a Developer contributed asset project located on the east side of Pine Ridge Road approximately 1/3 mile 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:

Provides adequate utility infrastructure to support development of these phases and complies with the Lee County Utilities Operations Manual.  (#20040033-Utilities)

 

 

(h)

ACTION REQUESTED:

Approve final acceptance by Resolution as a donation of water distribution and gravity collection systems serving Cascades at Estero, Parcel ‘C’.   This is a developer contributed asset project located on the south side of Koreshan Boulevard approximately 1 mile east of S. Tamiami Trail in Estero.

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.  (#20040034-Utilities)

 

11.

PARKS AND RECREATION

 

 

(a)

ACTION REQUESTED:

Approve “Working Agreement” with the U.S. Department of Agriculture, Natural Resources Conservation Service for the services of a County employee Program Manager and approve Budget Amendment for an amount not-to-exceed $68,757.00.

WHY ACTION IS NECESSARY:

To provide funds for the Program Manager position in the Lee Soil and Water Conservation Program.

WHAT ACTION ACCOMPLISHES:

Assists in bringing about conservation, development and wise use of land, water and related resources in Lee County.  (#20040019-Parks and Recreation)

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Request approval and authorize Chairman to execute attached Water and Wastewater Interlocal Agreement between Charlotte County and Lee County authorizing Charlotte County Utilities to provide water, wastewater and reuse services for residents of Lee County.

WHY ACTION IS NECESSARY:

Board of County Commissioners’ approval is required for Interlocal Agreements.

WHAT ACTION ACCOMPLISHES:

Agreement bounds both Charlotte County and Lee County into the terms of the Interlocal Agreement providing Lee County consumers water and wastewater services with Charlotte County Utilities.  (#20040073-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).  (#20040058-Clerk of Courts)

 

 

(b)

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.  (#20040059-Clerk of Courts)

 

 

(c)

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.  (#20040060-Clerk of Courts)

 

 

(d)

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.  (#20040072-Clerk of Courts)

 

ADMINISTRATIVE AGENDA

February 3, 2004

 

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

 

 

(a)

ACTION REQUESTED:

Approve the request to transfer three Solid Waste and Recycling Collection Franchise Contracts (Lee Contract No’s. 1383, 1384, 1385) from Florida Recycling Services, Inc. to Capital Environmental Resources, Inc., a/k/a, Waste Services of Florida, Inc., a publicly traded company, upon receipt from Capital Environmental Resources, Inc. of all documents (e.g. insurance, bond, parent guarantee, etc.) necessary for complete contract security and execution.

WHY ACTION IS NECESSARY:

Contract conditions require Board approval for such transfer or ‘assignment’ of these contracts.

WHAT ACTION ACCOMPLISHES:

Allows Florida Recycling, Inc. to sell all shares and interest in its company to Capital Environmental Resources, Inc. and allows Capital Environmental to assume all responsibility for the franchise collection contracts.  (#20040038-Solid Waste)

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Approve mediated settlement in Lee County v. Bennett, et al., Case No. 99-7763CA, Parcel 213.

WHY ACTION IS NECESSARY:

Board approval is required to settle litigation.

WHAT ACTION ACCOMPLISHES:

Settles all claims except attorney fees and costs.  (#20040068-County Attorney)

 

Text Box: CONVENE AS LEE COUNTY GOVERNMENTAL LEASING CORPORATION
 

 

 

 

 

(b)

ACTION REQUESTED:

Meet as Board of Directors of the Lee County Governmental Leasing Corporation to hold Annual Meeting, approve 2004 Annual Report, and approve Minutes of previous meetings.

WHY ACTION IS NECESSARY:

To meet requirements of Florida Statute 617.

WHAT ACTION ACCOMPLISHES:

Maintains non-profit corporate status.  (#20040001-County Attorney)

 

Text Box: RECONVENE AS LEE COUNTY BOARD OF COUNTY COMMISSIONERS
 

 

 

(c)

ACTION REQUESTED:

Approve interlocal agreement with Lee County School Board for disbursal of school impact fees.

WHY ACTION IS NECESSARY:

Assists the Lee County School Board in meeting a critical need for educational facilities to serve the children of Lee County.

WHAT ACTION ACCOMPLISHES:

Provides for disbursal of up to one half of the impact fees collected to the School Board and provides for repayment to Lee County if the Court ultimately requires the County to refund school impact fees.  (#20040080-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS