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

 

May 4, 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:

Reverend James Wade

Central United Methodist Church

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

 

 

·         

Letter Carriers National Food Drive Day Resolution

 

 

(Commissioner St. Cerny-#20040486)

 

 

·         

Civility Month Resolution

 

 

(Commissioner Albion-#20040501)

 

 

·         

Meg Geltner Points of Light Award Resolution

 

 

(Commissioner Janes-#20040502)

 

 

·         

Vietnam Veterans Memorial for Southwest Florida Resolution

 

 

(Commissioner Coy-#20040523)

 

 

·         

June R. Cornog Appreciation Resolution

 

 

(Commissioner Judah-#20040524)

 

 

 

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

May 4, 2004

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

Approve waiving the formal bid process due to sole source for BW-04-03 with Stewart Securities System in the not to exceed amount of $100,000.00.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides for Jail cell door service, repair, and replacement parts services during the fiscal year.  (#20040472-Facilities Management)

 

 

(b)

ACTION REQUESTED:

Approve First Amendment to Lease for the facility located at 3040 Fowler Street in Ft. Myers.  The original lease was approved by the Board on February 17, 2004.  It is now the Lessor’s request to amend the lease and add the terms listed in the First Amendment to Lease to the terms and conditions of the original lease.

WHY ACTION IS NECESSARY:

Board must approve all lease agreements and amendments to those lease agreements.

WHAT ACTION ACCOMPLISHES:

Extends the terms and conditions of the original lease agreement.  (#20040495-Facilities Management)

 

 

(c)

ACTION REQUESTED:

For Facilities Management, MARS, approve (5) new positions to maintain additional square footage acquired in the County, per MOU of 4/7/98 and amended 11/27/01.  Approve Piggy Back purchase, estimated at $80,000 with options, for (2) Freightliner Sprinter Utility Cargo Vans via Florida Sheriffs Association Bid #03-11-0825.  Estimated costs for balance of FY04 for salaries, vehicles, equipment, and operating expenses is $253,550.  For Facilities Management, Administration, approve a budget increase to cover building operating expenses for the Justice Center Annex (SunTrust Building, purchased 2/9/04).  Estimated costs for the balance of FY04 for building operating costs are $297,319.  Approve budget transfer from General Fund Reserves in the amount of $550,869, and approve Budget Amendment Resolution for Fleet Management.

WHY ACTION IS NECESSARY:

Board approval is required for establishment of new positions, budget transfers and resolutions, and Piggy Back purchases over $50,000.

WHAT ACTION ACCOMPLISHES:

To staff and equip Facilities Management Administration and Maintenance & Repair Division at a level which will enable us to efficiently service the newly acquired Justice Center Annex.  (#20040506-Facilities Management)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve and accept the bequest of $1,196.747.74 from the Estate of June R. Cornog.  Approve budget amendment resolution to accept $1,196,747.74 as unanticipated revenue and designate expenditures.

WHY ACTION IS NECESSARY:

To obtain Board of County Commissioners approval and acceptance of the bequest from the Estate of June R. Cornog for the Fort Myers Library and approve the budget amendment resolution.

WHAT ACTION ACCOMPLISHES:

Approves and accepts the bequest from the Estate of June R. Cornog as unanticipated revenue and designates expenditures.  (#20040471-Library)

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Approve an Agreement between Lee Memorial Health System and Lee County Board of County Commissioners for Pediatric Transport Services.

WHY ACTION IS NECESSARY:

The Board of County Commissioners must approve all Agreements.

WHAT ACTION ACCOMPLISHES:

Establishes Lee County Emergency Medical Services as the primary provider for pediatric transports for The Children’s Hospital of Southwest Florida.  (#20040413-EMS)

 

 

(b)

ACTION REQUESTED:

Approve a lease with Steve Walters for the facility located at 1209 Periwinkle Way, Unit A, Sanibel Island, FL, to be used as a temporary EMS station.  The lease cost will be $750 per month or $9,000 per year.  Any increase in the base rental cost will occur after the first year of the initial term and will not exceed 5%.  Increases in rent will not occur more than once annually.  There will be no CAM.  Lease term is for three years with one, two-year renewal.  Giving the Lessor a six-month advance written notice can terminate this lease.

WHY ACTION IS NECESSARY:

Board must approve all lease agreements.

WHAT ACTION ACCOMPLISHES:

Allows the Emergency Medical Service to continue to service the Sanibel Island area while the Fire Station, where they currently reside, is being renovated.  (#20040481-EMS)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Adopt a Resolution to the City of Fort Myers supporting the Waterways Advisory Committee’s concerns over the disposition of the Centennial Park Boat Ramp.

WHY ACTION IS NECESSARY:

To inform the City of Fort Myers of the County’s concerns relating to the fate of the boat ramp at Centennial Park.

WHAT ACTION ACCOMPLISHES:

Adopts a Resolution to the city of Fort Myers from the Board of County Commissioners.  (#20040503-Natural Resources)

 


(b)

ACTION REQUESTED:

Adopt a Resolution requesting funding from the West Coast Inland Navigation District’s (WCIND) Lee County Countywide Navigation Improvement Fund (CNIF) for the city of Sanibel/US. Fish and Wildlife Service in the amount of $110,000 to dredge Basin “B” at the Tarpon Bay FWS facility. Approve Budget Amendment Resolution for FY 03-04 in the amount of $110,000, and amend FY03-04/07-08 CIP accordingly.

WHY ACTION IS NECESSARY:

To approve the use of funds available from WCIND subject to a resolution from the County.

WHAT ACTION ACCOMPLISHES:

Approves a request for funding to WCIND for the dredging of the Tarpon Bay dock and boat ramp facility.  (#20040504-Natural Resources)

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve award of Project # EX040392, the purchase of one new International Model 4300 cab and chassis from International Truck and Engine Corporation at the Florida State Contract price of $41,565; and the open market purchase of one spreader box unit from the Conibear Equipment Company for $28,408.  Grand total cost for the truck, which is for DOT – Operations, is $69,973.

WHY ACTION IS NECESSARY:

Expenditures exceeding $50,000 require Board approval.

WHAT ACTION ACCOMPLISHES:

The new truck will be used to haul materials to maintain road shoulders.  It replaces asset # 019544 which has reached its life expectancy of 120 months and has met Fleet Management’s replacement criteria requirements (please see Attachment #4).  (#20040474-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve Supplemental Task Authorization (STA) No. 1 to Contract #2315, to HSA Engineers & Scientists for CN-02-24 County-Wide Environmental Contract–Public Water Supply Wells, Waterway Estates WTP (North Cape Coral), in the amount of $59,925.00.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Environmental engineering of installation of additional potable water wells at the Waterway Estates Well Field.  (#20040462-Utilities)

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Approve additional $100,000.00 for purchase order for Nabors, Giblin & Nickerson law firm as special trial counsel in Brown, et al. v. Lee County and Lee County School Board.

WHY ACTION IS NECESSARY:

To cover additional costs expected in this lawsuit.

WHAT ACTION ACCOMPLISHES:

Provides additional funds expected to be needed for representation of this case.  (#20040510-County Attorney)

 


(b)

ACTION REQUESTED:

Approve a Disclosure and Waiver of Conflicts Letter from the law firm of Holland & Knight.  A conflict of interest could potentially exist from the representation by Holland & Knight LLP of IMC Phosphates Company in the "Charlotte County” litigation.

WHY ACTION IS NECESSARY:

Board approval is required to waive potential conflicts of interest for law firms.

WHAT ACTION ACCOMPLISHES:

Allows Holland & Knight to continue to represent IMC Phosphates Company in the "Charlotte County” litigation and provide Bond and Disclosure Counsel services to Lee County.  (#20040517-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).  (#20040469-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.  (#20040482-Clerk of Courts)

 

ADMINISTRATIVE AGENDA

May 4, 2004

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Adopt Resolution for the Purchase of Real Estate by the Director of County Lands or Designee Through a Distress Sale Process of parcels within CIP Projects, with a purchase price not to exceed $250,000.

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 acquire parcels at a price that is advantageous for the County, when properties are offered by distressed sale process.  (#20040473-County Lands)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve Waiver # W-040377 to waive formal quotation procedure, due to sole source, for the Public Works Department (Utilities Division), for the purchase of equipment on an ongoing basis from Prominent Fluid Controls, Inc., Endress and Hauser and Capital/Severn Trent Services through their sole source distributor for the municipal market ISC Instrument South Corporation. Estimated annual costs are projected to be approximately $250,000.

WHY ACTION IS NECESSARY:

All expenditures over $50,000 must be board approved.

WHAT ACTION ACCOMPLISHES:

Allow the Public Works Department (Utilities Division) to purchase equipment that is only available through ISC Instrument South Corporation.  (#20040425-Utilities)

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Approve the Resolution of Necessity for the acquisition and condemnation of parcels required for the Ten Mile Linear Park Project, No. 2001 – Phase 1.

WHY ACTION IS NECESSARY:

The Board must formally approve the Resolution of Necessity prior to proceeding with condemnation of parcels necessary for the project.

WHAT ACTION ACCOMPLISHES:

Allows the County to proceed with condemnation, if necessary, so parcels can be acquired for the Ten Mile Linear Park Project, No. 2001 – Phase 1.  (#20040463-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS