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

 

April 20, 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 Ronald Prueter

North Fort Myers First Baptist Church

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

 

 

·   

Internal Auditor Awareness Month Resolution

 

 

(Commissioner Albion-#20040414)

 

 

·   

Soil and Water Stewardship Week Resolution

 

 

(Commissioner Judah-#20040415)

 

 

·   

Lakes Park 20th Anniversary Resolution

 

 

(Commissioner Janes-#20040416)

 

 

·   

Verandah-FIREWISE Community/USA Resolution

 

 

(Commissioner Albion-#20040417)

 

 

 

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

April 20, 2004

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

Approve Vending Facility License Agreement with the Florida Department of Education, the Division of Blind Services, an agency with the State of Florida to operate a cafeteria and vending area in the Justice Center Complex, located at 1700 Monroe Street, Ft. Myers, Florida, as well as a vending area in the Administration Building located at 2115 Second Street, Ft. Myers, Florida.  Division of Blind Services will reimburse Lee County 1 ½% of their total monthly sales for the Justice Center Complex.

WHY ACTION IS NECESSARY:

Board must approve all agreements.

WHAT ACTION ACCOMPLISHES:

Allows the Division of Blind Services to continue to operate the cafeteria and vending machines on the second floor of the Justice Center and continue to provide vending services located on the first floor of the Administration Building.  (#20040384-Facilities Management)

 

 

(b)

ACTION REQUESTED:

Approve the award of Project EX040368, the purchase of modular furniture, accessories and related services at a Florida State Contract price of $59,298.54, from Herman Miller Workplace for use on the 3rd floor of the County/City Annex by Public Safety.  Also approve the expenditure of a not-to-exceed amount of $5,929. for such incidentals as, but not limited to, miscellaneous furniture, accessories or overnight shipping etc.

WHY ACTION IS NECESSARY:

Purchases over $50,000 must be approved by the Board.

WHAT ACTION ACCOMPLISHES:

Allows the Department of Public Works to obtain the furnishings necessary to relocate Public Safety to the County/City Annex Building on Hendry St. to allow for HVAC system replacement at the Six Mile Cypress Building.  (#20040405-Construction and Design)

 

 

(c)

ACTION REQUESTED:

Award the Addendum to the Construction Management Agreement under RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as Lynn Hall Memorial Park Lighting to Compass Construction Inc., for the Guaranteed Maximum Price (GMP) of $193,000.00 (includes $11,225.00 CM fee).  Also approve Budget Transfer of $15,000.00 from the Capitalized Building Maintenance Project to the Capitalized Beach Front Park Maintenance Project and amend FY 03/04 – 07/08 CIP.  Also request that the Board approve waiving of the formal process (if needed) and authorize the use of the Director Material Purchase Order 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 required.

WHAT ACTION ACCOMPLISHES:

Provides the County with a Construction Manager for the lighting at Lynn Hall Memorial Park.  (#20040428-Construction and Design)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Accept a Petition to Vacate a 12-foot wide Drainage and Public Utility Easement located at 2913 Lee Blvd., Lehigh Acres, Florida 33971, and adopt a resolution, setting a Public Hearing for 5:00 PM on the 11th day of May 2004.  (Case No. VAC2004-00002)

WHY ACTION IS NECESSARY:

To build a commercial building on the combined four (4) lots.  The vacation of this easement will not alter existing drainage and utility conditions and the easement is not necessary to accommodate any future drainage and utility requirements.

WHAT ACTION ACCOMPLISHES:

Sets the time and date of the Public Hearing.  (#20040350-Development Services)

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve Budget Amendment Resolution and Budget Transfer.

WHY ACTION IS NECESSARY:

BOCC Approves all Budget Amendments and Transfers involving Reserves.

WHAT ACTION ACCOMPLISHES:

Allows staff to close out funds for completed projects and expend funds from appropriate accounts.  (#20040406-MSTBU Services)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Execute Interlocal Agreement between the City of Cape Coral and Lee County.

WHY ACTION IS NECESSARY:

Formalizes funding agreement between the City and County.

WHAT ACTION ACCOMPLISHES:

Provides WCIND pass-through funding to the City as needed for the long-term maintenance of the City’s channel marking systems. Not to exceed $15,000 per annum.  (#20040372-Natural Resources)

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve budget transfer in the amount of $251,773 from District 7 Road Impact Fee Reserves to Master Drainage Study Project-Boca Grande (CIP #206047), and amend FY03-07 Capital Improvement Program.

WHY ACTION IS NECESSARY:

Requires BOCC approval for amendments to CIP.

WHAT ACTION ACCOMPLISHES:

Allows County to proceed with construction of the first phase of planned drainage improvements in the central Boca Grande area.  (#20040383-Transportation)

 


(b)

ACTION REQUESTED:

Approve Change Order No. 2 to Contract No. 2516 BW-03-07 Electronic Toll Collection with Transcore in the amount of $79,060.00.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Allow DOT to complete the computer software/hardware modifications to be interoperable with SunPass.  (#20040410-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve construction of a water distribution, and gravity collection system serving Daniels Park.  This is a Developer contributed asset and the project is located on the south side of Daniels Parkway approximately 3,000’ west of Fiddlesticks Blvd.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to this proposed single-family residential subdivision.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20040142-Utilities)

 

 

(b)

ACTION REQUESTED:

Approve construction of a water main extension, serving Mellow Estates. This is a Developer contributed asset and the project is located on the north side of Mellow Drive approximately one half mile west of Slater Road.

WHY ACTION IS NECESSARY:

To provide potable water service and fire protection to the proposed ten-lot single-family residential subdivision.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20040390-Utilities)

 

 

(c)

ACTION REQUESTED:

Approve final acceptance, by Resolution, as a donation for one fire hydrant serving Hope Hospice @ Healthpark FLORIDA.   This is a Developer contributed asset project located approximately 1,600 west of Bass Road along the north side of North HealthPark Circle.

WHY ACTION IS NECESSARY:

To provide fire protection to the recently constructed care facility.

WHAT ACTION ACCOMPLISHES:

Places the fire hydrant into operation and complies with the Lee County Utilities Operations Manual.  (#20040391-Utilities)

 


(d)

ACTION REQUESTED:

Award B-04-10 LIFT STATION #263-A, for the Utilities Division, to the low bidder meeting all bidding requirements, JP Murphy, Inc., for a total not-to-exceed amount of $538,453.00 with a final project completion time of 168 days.

WHY ACTION IS NECESSARY:

Board approval required

WHAT ACTION ACCOMPLISHES:

To select a contractor who will construct a new lift station wet-well and submersible pumps.  (#20040407-Utilities)

 

11.

PARKS AND RECREATION

 

 

(a)

ACTION REQUESTED:

Approve an agreement between the South Florida Water Management District (SFWMD) and Lee County for a lease of approximately 188 acres located within or adjacent to Caloosahatchee Regional Park.

WHY ACTION IS NECESSARY:

To meet the requirement of SFWMD for Lee County to use the lands near Caloosahatchee Regional Park.

WHAT ACTION ACCOMPLISHES:

Approves a 5 year lease of SFWMD properties within or adjacent to Caloosahatchee Regional Park.  (#20040382-Parks and Recreation)

 

 

(b)

ACTION REQUESTED:

Authorize the chairman to sign Task Assignment SWO50 on Contract SL 893 between the Florida Department of Environmental Protection (DEP) and Lee County for upland exotic plant control at the Big Hickory Island Preserve.  Approve Budget Amendment in the amount of $49,500 and amend the FY 03/FY04 CIP budget accordingly.

WHY ACTION IS NECESSARY:

To allow exotic control work to be done at the Big Hickory Island Preserve.

WHAT ACTION ACCOMPLISHES:

The contract set up the mechanism for Lee County to receive funding on a reimbursement basis for exotic plant control performed through this contract on a task assignment basis.  (#20040388-Parks and Recreation)

 

 

(c)

ACTION REQUESTED:

Waive the parking fee for Lakes Regional Park during the 7-day celebration of the park’s 20th anniversary.

WHY ACTION IS NECESSARY:

Board approval is necessary to waive fees.

WHAT ACTION ACCOMPLISHES:

Approval to waive parking fees for 7-day celebration of the 20th anniversary of Lakes Regional Park.  (#20040398-Parks and Recreation)

 

 

(d)

ACTION REQUESTED:

Award the Addendum under RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as Teacherage Building Improvement – Phase I to Casey Construction for the Guaranteed Maximum Price (GMP) of $242,628.00 (includes $21,580.00 CM fee).  At this time it is also being requested that the Board approve waiving of the formal process (if needed) and authorize the use of the Direct Material Purchase Order 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 Capital Improvement Fund reserves in the amount of $242,628.00 and amend FY 03/04 -07/08 CIP for Teacherage Improvement Project.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

This work will be performed for the Parks & Recreation Department.  It will provide the County with a Construction Manager, and all services needed for the Teacherage Building Improvement – Phase I, remediation and abatement of asbestos, lead and other hazardous substances.  (#20040403-Parks and Recreation)

 

 

(e)

ACTION REQUESTED:

Accept Master Plan for Lakes Park as presented at the Management and Planning meeting on April 5, 2004.

WHY ACTION IS NECESSARY:

Per Board direction the Department of Parks and Recreation has contracted with Wilson-Miller to develop the phased master plan for Lakes Park.  Parks and Recreation seeks B.O.C.C. acceptance of the plan.

WHAT ACTION ACCOMPLISHES:

Acceptance of the Lakes Park Master Plan will permit the Department of Parks and Recreation to make phased improvements and renovations to Lakes Regional Park as guided by the master plan.  Funding for this master plan will go through the regular budgeting process.  (#20040443-Parks and Recreation)

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Request authorization to advertise for and conduct a Public Hearing on May 11, 2004 at 5:00 p.m., in Chambers to enact a Reviser’s Ordinance Repealing Lee County Ordinance 96-10 Court filing fees for Legal Aid for the reason that it is obsolete.

WHY ACTION IS NECESSARY:

Board must formally adopt Ordinance at a Public Hearing.

WHAT ACTION ACCOMPLISHES:

Sets May 11, 2004 at 5:00 p.m. for the Public Hearing date and time allows the process to go forward.  (#20040386-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).  (#20040396-Clerk of Courts)

 

ADMINISTRATIVE AGENDA

April 20, 2004

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Approval to select underwriters for the Transportation Facilities Refunding Revenue Bonds, Series 2004C.

WHY ACTION IS NECESSARY:

Board must approve selection of the underwriters for the Transportation Facilities Refunding Revenue Bonds, Series 2004C.

WHAT ACTION ACCOMPLISHES:

Provides underwriter selection for the Transportation Facilities Refunding Revenue Bonds, Series 2004C.  (#20040400-Budget Services)

 

 

(b)

ACTION REQUESTED:

Authorize the Chairman or Vice Chairman to sign a resolution for the award of the Tourist Development Tax Refunding Revenue Bonds, Series 2004 pursuant to a public bid set forth in the resolution that meets certain specific criteria.  Authorize other approvals as necessary contained in this resolution.

WHY ACTION IS NECESSARY:

Allows greater flexibility in marketing and selling the Tourist Development Tax Refunding Revenue Bonds, Series 2004.

WHAT ACTION ACCOMPLISHES:

Allows the bonds to be awarded following a competitive sale without reconvening the Board of County Commissioners.  (#20040401-Budget Services)

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

Declare a limited, temporary, emergency by Resolution for repairs to Terry Park (Pigott Stadium) Seating Repair which requires certain, immediate and necessary improvements, for the protection and safety of the stadium assets and customers.  Also request Board approve emergency funding for Terry Park (Pigott Stadium) Seating Repair.  Approve budget transfer of $1,000,000 from CIP reserves and amend the FY 03/04 CIP.

WHY ACTION IS NECESSARY:

Board of County Commissioners’ approval is required for any Emergency Declarations.

WHAT ACTION ACCOMPLISHES:

Allows the County to proceed with certain, immediate improvements to the Stadium.  (#20040404-Construction and Design)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Adopt Resolution for Making Application for Tax Deeds on County Held Tax Sale Certificates for Properties Having Assessed Values of $4,999 or Less; Approve Budget Amendment Resolution and transfer of $250,000 each and amend FY03-04 CIP accordingly.

WHY ACTION IS NECESSARY:

Statutory provisions require Board resolve in order for staff to carry out Board’s direction.

WHAT ACTION ACCOMPLISHES:

Provides the County with opportunity to pursue collection of unpaid ad valorem taxes and acquiring real property for County purpose by tax deed process.  (#20040378-County Lands)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve a request from the Cape Coral Chamber of Commerce and authorize the Chairman to Execute the agreement on behalf of the BOCC.  Approve the closing of the Cape Coral Bridge on July 4, 2004 from Noon until 3:00 a.m. on July 5, 2004 to accommodate the Chamber’s Red, White and Boom Celebration.

WHY ACTION IS NECESSARY:

Approval of a bridge closure and the resultant loss of revenue requires BOCC approval.

WHAT ACTION ACCOMPLISHES:

Allows the Chamber to proceed with the planning of their 4th of July Celebration.  (#20040418-Transportation)

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Approve contract for purchase of Parcel 147, Pondella Road Widening Project.

WHY ACTION IS NECESSARY:

Board must approve contract for it to be legally binding.

WHAT ACTION ACCOMPLISHES:

Creates contract for sale/purchase of Parcel 147.  (#20040399-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS