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District #1 Bob
Janes |
District #2 Douglas St. Cerny Vice Chairman |
District #3 Ray
Judah
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District #4 Andrew W. Coy |
District #5 John E. Albion Chairman |
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Donald D. Stilwell, County Manager |
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James
G. Yaeger, County Attorney |
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April 6, 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
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9:30
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Invocation: |
Pastor
Robert E. Williams |
Caring
Ministries Fellowship |
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Pledge
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Presentations: |
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(Commissioner
Albion-#20040371) |
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(Human
Resources-#20040322) |
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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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April
6, 2004
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1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Approve budget amendments to allocate excess fund
balance and grant and operational carryovers as determined by the completion
of the financial audit. Also approve
transfers to and from reserves, authorize interfund transfers, and amend the
04-08 Capital Improvement Program. WHY ACTION
IS NECESSARY: To adjust budgeted fund balance to reflect actual
balances. WHAT ACTION
ACCOMPLISHES: Provides funds for unfinished contracts,
equipment, and operational expenditures.
(#20040323-Budget Services) |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION
REQUESTED: Approve the utilization of the State of Florida
Contract No. 250-000-03-1, for the Public Safety Building, to Power &
Systems Innovations, Inc., for LEE COUNTY SHERIFF'S OFFICE/911 COMMUNICATIONS
CENTER UPS SYSTEMS REPLACEMENT in the amount of $178,400.00. Also approve budget transfer from Capital
Improvement Fund reserves in the amount of $75,000.00 and amend FY03/04-07/08
CIP. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: By allowing the department to utilize the State
Contract it will give Public Safety the ability to perform the integration
and installation of a new UPS system and the task of switching over the
critical loads from the existing UPS System.
(#20040279-Facilities Management) |
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ACTION
REQUESTED: Approve award of Quotation #Q-040127 Security
Services for Lee County Facilities, for the Department of Construction and
Design (Facilities Management), to the low quoter meeting all specifications,
Weiser Security Services Inc., at a cost of $9.72 per hour. Lee County’s
annual expenditures for these services are approximately $500,000. The
initial term of this quotation is three years. Request authority to renew
this quote for an additional two-year term if in the best interest of the
county. Funding will come from the
individual department or division’s budget who will be responsible for
monitoring their individual expenditures. Estimated annual savings to tax
payers: $213,036 per year. WHY ACTION
IS NECESSARY: All purchases that exceed $50,000 require board
approval. WHAT ACTION
ACCOMPLISHES: Allows all county departments and divisions to
acquire security services.
(#20040349-Facilities Management) |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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ACTION REQUESTED: Approve reduction of County demolition and lot
mowing liens totaling approximately $3,600 down to $1,000 for a parcel
located at 2245 Henderson Avenue, Fort Myers, payable within 60 days from
date of Board approval. WHY ACTION IS NECESSARY: Board approval is required for mitigation of
county assessment liens. WHAT ACTION ACCOMPLISHES: Allows assessment lien to be released. (#20040277-Development Services) |
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ACTION
REQUESTED: Accept a Petition to Vacate three (3) 12-foot wide
Public Utility Easements located at 1122, 1124, 1126, 1128 Gunnery Rd. S.,
Lehigh Acres, Florida 33971, and adopt a resolution, setting a Public Hearing
for 5:00 PM on the 27th day of April 2004. (Case No. VAC2004-00006) WHY ACTION
IS NECESSARY: To construct a commercial building on the combined
four (4) lots. The vacation of this easement will not alter existing utility
conditions and the easement is not necessary to accommodate any future
utility requirements. WHAT ACTION
ACCOMPLISHES: Sets the time and date of the Public Hearing. (S33-T44S-R26E) (#5)
(#20040326-Development Services) |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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ACTION REQUESTED: Execute Interlocal Agreement with the Town of Fort
Myers Beach to provide an additional “No Fare” Park and Ride Trolley from
Summerlin Square to Fort Myers Beach. WHY ACTION IS NECESSARY: Formally execute the agreement for funding from
the Town of Fort Myers Beach in the amount of $37,100 for an additional Park
and Ride Trolley. The Town is funding the additional Park and Ride Trolley at
100% of the cost. WHAT ACTION ACCOMPLISHES: Increases service levels on the Park and Ride
during the tourist season on Ft. Myers Beach providing a more efficient
transit service and an alternate means of travel to and from Estero Island
helping to alleviate traffic congestion.
Sets forth the conditions, terms and financial requirements between
the Town of Fort Myers Beach and Lee County.
(#20040307-Transit) |
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ACTION REQUESTED: Execute Interlocal Agreement with the City of
Bonita Springs to provide “No Fare” fixed route bus service to the residents
of Bonita Springs. WHY ACTION IS NECESSARY: Formally execute the agreement between the City of
Bonita Springs and Lee County. WHAT ACTION ACCOMPLISHES: Sets forth the terms and conditions of the fixed
route bus service. The City will
provide funding to Lee County for 50% of the cost for the fixed route bus
service within the City of Bonita Springs in the amount of $42,051.92. (#20040308-Transit) |
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ACTION
REQUESTED: Request Board authorize Marsha Segal-George, Town
Manager, Town of Fort Myers Beach, or designee, to serve as a voting member
of the Proposal Evaluation Committee in addition to Lee County Staff, for the
Request for Proposals for AUTOMATED BUS ARRIVAL TIMES FOR FORT MYERS BEACH
RFP. WHY ACTION
IS NECESSARY: Requires Board Approval WHAT ACTION
ACCOMPLISHES: Will allow Fort Myers Beach Town Manager, or designee, to serve on the Proposal Evaluation Committee as a voting member to be able to evaluate the submittals for the AUTOMATED BUS ARRIVAL TIMES FOR FORT MYERS BEACH RFP. (#20040313-Transit) |
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ACTION
REQUESTED: Approve Purchase Agreement for acquisition of
Parcel 213, Three Oaks Parkway South Extension Project No. 4043, in the
amount of $85,000.00; 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: Acquisition of property necessary for the future
extension of Three Oaks Parkway South.
(#20040316-County Lands) |
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ACTION
REQUESTED:
Accept the donation of a Slope Restoration
Easement on Parcel 1018, Veronica S. Shoemaker Blvd. (formerly Palmetto
Avenue) Extension, Project No. 4073, authorize 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: Accepts donation of easement needed for the
Veronica S. Shoemaker Blvd. Extension Project. (20040324-County Lands) |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION
REQUESTED: Approve License with the Town of Fort Myers Beach
for temporary use of the Matanzas Harbor Land Base site, 19365 Ostego Drive,
to stage and store materials for the construction of the Matanzas Harbor
Mooring Field. WHY ACTION
IS NECESSARY: Provides legal use of the County property by the
Town’s hired contractor. WHAT ACTION
ACCOMPLISHES: Allows the Town’s contractor to stage material,
anchors, rigging, mooring buoys, on the County’s property for an initial
period of 3 months.
(#20040347-Natural Resources) |
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ACTION
REQUESTED: Approve Amendment No. 3 to DEP Agreement No.
WAP037, Gator Slough Watershed Management Project, amending the completion
date to July 30, 2007. WHY ACTION
IS NECESSARY: Board approval is required for agreements and
amendments thereto. WHAT ACTION
ACCOMPLISHES: Provides additional time to complete project. (#20040362-Natural Resources) |
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ACTION
REQUESTED: Execute Contract OT040073 with the South Florida
Water Management District (SFWMD) for Lee County Drainage Improvements. The total project cost is $400,000.00
including the District’s contribution of $275,000.00 with a $125,000.00 cost
share by Lee County. Approve Budget
Transfer from SFWMD Grant (Project 208534) to SFWMD Drainage Improvements
(Project 208583) of $400,000.00 in expenses and $275,000.00 in revenue for
FY03/04 and amend the FY03/04-07/08 CIP accordingly. WHY ACTION
IS NECESSARY: Board approval is required for all contracts and
amendments to the CIP. WHAT ACTION
ACCOMPLISHES: Provides mechanism to reimburse County for
activities relating to drainage improvements on Powell Creek and Gator Slough
– Yellow Fever Interconnect.
(#20040363-Natural Resources) |
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ACTION
REQUESTED: Execute Contractor Agreement between the Southwest
Florida Regional Planning Council (SWFRPC) and Lee County for the project
known as Effectiveness of Best Management Practices in Southwest
Florida. Agreement provides for
$250,000 from the United States Environmental Protection Agency (USEPA)
through the Charlotte Harbor National Estuary Program (CHNEP) with the SWFRPC
acting as a pass-through agency.
Approve budget amendment in the amount of $250,000 for Project 0983,
Surface Water Management Plan and amend the FY03/04-07/08 CIP
accordingly. Lee County will provide
a minimum of $17,500 in matching funds.
Matching funds are available. WHY ACTION
IS NECESSARY: Board approval is required for all contracts and
agreements. WHAT ACTION
ACCOMPLISHES: Provides federal funds to investigate the
effectiveness of best management practices currently used in construction in
reference to water quality issues.
(#20040364-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 and authorize execution and recording of
an Agreement between Stoneybrook, a Golf Course Community of Fort Myers, Inc.
(“Stoneybrook”), the Lee County Sheriff and the County for the County’s
exercising of County jurisdiction over certain roads within Stoneybrook for
traffic control purposes. WHY ACTION IS NECESSARY: Agreements involving the County’s exercise of
jurisdictional control over roadways must be approved and executed by the
Board of County Commissioners pursuant to Florida Statute. WHAT ACTION ACCOMPLISHES: Memorializes a three-party Agreement for the
County’s exercise of jurisdictional control over certain private roads for
traffic control purposes by the Sheriff.
(#20040195-County Attorney) |
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ACTION REQUESTED: Request authorization to advertise for and conduct
a Public Hearing on Tuesday, April 27, 2004, at 5:00 p.m., in Chambers
to consider the adoption and execution of the proposed “Lee County Grease
Ordinance”. WHY ACTION IS NECESSARY: Board must formally adopt Ordinance at a Public
Hearing. WHAT ACTION ACCOMPLISHES: Sets April 27, 2004, at 5:00 p.m. for the Public
Hearing date and time allows the process to go forward. (#20040306-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).
(#20040365-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. (#20040366-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. (#20040367-Clerk of Courts) |
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April
6, 2004
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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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ACTION
REQUESTED: Approve Bid Waiver # W-040337 to waive the formal
quotation procedure, and allow Public Safety–EMS to purchase helicopter
airframe parts, as well as the repair/labor of airframe parts, from American
Eurocopter. A waiver has been
requested because American Eurocopter is the sole distributor of helicopter
parts for Eurocopter Aircraft operating within the United States geographic
area (please see Attachment #2). It
is also requested that the term of this waiver be for one year with a
not-to-exceed amount of $100,000. WHY ACTION
IS NECESSARY: Expenditures exceeding $50,000 require Board
approval. WHAT ACTION
ACCOMPLISHES: Allows Public Safety-EMS to purchased required
parts, etc. on an as-needed basis in order to keep the helicopter fully
operational. (#20040334-EMS) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: Amend Resolution 89-10-11 to add an access point
on the north side of Daniels Parkway at Highway Station 2529+01, for Gateway
Charter School. WHY ACTION
IS NECESSARY: All requests for a new access point onto a
controlled access roadway are required to obtain Board supermajority approval
as part of a Resolution. WHAT ACTION
ACCOMPLISHES: Approves a request for an additional access point
from a school to Daniels Parkway, a controlled access facility, 675 feet west
of Gateway Boulevard.
(#20040332-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 and execute a Partial Modification of
Restrictions and a Partial Assignment and Assumption of Dedication No. 23255
for the Chamber of Commerce site to be transferred to the City of Cape
Coral. This requested action is based
upon a Resolution enacted on August 19, 2003, requesting the State of Florida
approve the transfer and assignment of submerged lands to the City of Cape
Coral. WHY ACTION IS NECESSARY: To complete the transfer of the submerged lands,
the Department of Environmental Protection is requesting the County execute
these two documents. WHAT ACTION ACCOMPLISHES: Transfers the submerged lands not needed for
County road and bridge-related purposes to the City of Cape Coral. (#20040343-County Attorney) |
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13. |
HEARING EXAMINER |
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14. |
PORT AUTHORITY |
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ACTION REQUESTED: Request Board approve Amendment #1 to the Federally Funded Subgrant Agreement between the Lee County Port Authority and the State of Florida Department of Community Affairs for reimbursement of security expenses during periods of orange alert. (Port Authority) |
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15. |
CONSTITUTIONAL OFFICERS |