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

 

 

June 15, 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 Chad Hitchcock

Calvary Baptist Church

 

 

 

 

Pledge of Allegiance

 

 

 

 

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

June 15, 2004

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Approve and authorize Chairman to execute an interlocal agreement between Lee County and the City of Bonita Springs for the Lee County Tourist Development Council Beach & Shoreline CIP project, Lovers Key Roadside Park. Approve budget transfer of $105,000 and amend the FY 2003-04/2007-08 Capital Improvement Program budget accordingly.

WHY ACTION IS NECESSARY:

The Board of County Commissioner must approve all transfers and agreements.

WHAT ACTION ACCOMPLISHES:

Provides a mechanism to fund the Lovers Key Roadside Park with TDC beach and shoreline capital improvement program funds.  (#20040636-VCB)

 

 

(b)

ACTION REQUESTED:

Approve budget transfer of $60,000 from Tourist Development Council beach projects reserves (Fund 30101); and approve budget amendment resolution for the Tourist Development Tax Fund (Fund 17400) to accept the $60,000 transfer from Fund 30101.  These funds will be used to aid in the County’s effort to impact water management issues in Southwest Florida.

WHY ACTION IS NECESSARY:

The Board of County Commissioner must approve all transfers and resolutions.

WHAT ACTION ACCOMPLISHES:

Provides funding for consultants to assist the County’s efforts to impact water management issues that affect or local ecosystem and tourism economy.  (#20040722-VCB)

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

Approve lease with Boca Grande Fire Control District for 963 square feet of space in their newly built fire station to be utilized by the Sheriff’s Department as their Boca Grande substation.  Lease will be for 5 years with the option to renew one additional 5-year period upon the same terms and conditions.  Lease cost for the first year will be $15.00 per square foot or $14,445 per year (Sheriff Support Budget).  There could be additional operating costs (CAM) billed at the end of the second year of the lease that could not be determined at this time.  If that is the case the Lessee will be billed their proportionate share of the actual costs.  Lease will increase after the first year by the Consumer Price Index.  Lease can be terminated by giving landlord six months advance written notice.

WHY ACTION IS NECESSARY:

Board must approve all lease agreements.

WHAT ACTION ACCOMPLISHES:

Allows the Sheriff’s department to continue to operate their substation at Boca Grande, as they must vacate the facility that they currently occupy. (#20040691-Construction & Design)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Accept a Petition to vacate a 50-foot wide non-county Road Right-of-Way Easement located off of Winkler Road Extension at Brook Hollow Lane, Fort Myers, Florida 33908, and adopt a resolution setting a Public Hearing for 5:00 PM on the 27th day of July 2004 (Case No. VAC2003-00065) and authorize the Chairman to accept a replacement public utility and drainage easement.

WHY ACTION IS NECESSARY:

To vacate the public’s interest in a portion of the Right-of-Way in order to convey that portion to Belle Meade Property Owners Association, Inc.  The vacation and conveyance of the road will not alter traffic conditions and the road is not necessary to accommodate any future traffic requirement.

WHAT ACTION ACCOMPLISHES:

Setting the time and date of the Public Hearing, and provides a necessary replacement public utility and drainage easement to facilitate the requested Petition to Vacate.  (S10-T46S-R24E)  (#3)  (#20040624-Development Services)

 

5.

HUMAN SERVICES

 

 

(a)

ACTION REQUESTED:

Waive the formal bid process for BW-04-04 Rehab 200 E. Glenmont.  Approval not to exceed amount of $62,000 for a rehab of a three-bedroom home located at 200 E. Glenmont, North Fort Myers, unincorporated Lee County. Home was purchased from HUD for $65,213.50 and will be rehabilitated as part of the Acquisition/Rehab/Resale Program to a low-income family. Home will appraise for approximately $120,000 when complete.  CDBG funds were used for acquisition (which also included closing costs).  HOME, SHIP and CDBG funds will be utilized for the rehabilitation.

WHY ACTION IS NECESSARY:

The total amount of the rehab project exceeds County Manager’s approval limit of $50,000. Home was purchased from HUD, and needs extensive repairs to be brought up to code.

WHAT ACTION ACCOMPLISHES:

Provides neighborhood revitalization and assists low-income family with homeownership opportunity.  (#20040719-Human Services)

 

 

(b)

ACTION REQUESTED:

Waive the formal bid process for BW-04-05 Rehab 550 S. State Street.  Approval not to exceed amount of $62,000 for a rehab of a three bedroom home located at 550 S. State St., North Fort Myers, unincorporated Lee County. Home was purchased from HUD for $32,142.85 and will be rehabilitated as part of the Acquisition/Rehab/Resale Program to a low-income family. Home will appraise for approximately $90,000 when complete.  CDBG funds used for acquisition (which also included closing costs).  HOME, SHIP and CDBG funds will be utilized for the rehabilitation.

WHY ACTION IS NECESSARY:

The total amount of the rehab project exceeds County Manager’s approval limit of $50,000. Home was purchased from HUD, and needs extensive repairs to be brought up to code.

WHAT ACTION ACCOMPLISHES:

Provides neighborhood revitalization in Palmona Park, (one of LCBOCC designated neighborhoods), and assists low income family with homeownership opportunity.  (#20040720-Human Services)

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Accept a Quitclaim Deed for 50’ wide parcel, a portion of land known as New Canal in Plat Book 30, Pages 79 and 80, for the Three Oaks Parkway South Extension Project, No. 4043; authorize the Division of County Lands to handle all documentation necessary to complete the transaction; authorize payment of costs to record.

WHY ACTION IS NECESSARY:

The Board must accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:

The acceptance of deed clears title to any remaining interest that may be held by Manna Christian Missions, Inc., a Florida non-profit corporation.  (#20040686-County Lands)

 

 

(b)

ACTION REQUESTED:

Approve the recommendation of the Conservation Lands Acquisition and Stewardship Advisory Committee to pursue for acquisition approximately 20 acres in Township 43S, Range 27E, Sections 36 in the Alva area and known as Conservation 20/20 Nomination 255.  Authorize staff to enter negotiations with the property owners.

WHY ACTION IS NECESSARY:

The Board must approve advisory committee recommendations for Conservation 20/20 Program acquisitions and must authorize necessary expenses for the negotiation process.

WHAT ACTION ACCOMPLISHES:

Begins the negotiation process to buy environmentally sensitive lands needed for native plants and animals, flood control, water quality, water supply, and public use.  (#20040709-County Lands)

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Approve lease with Boca Grande Fire Control District for 1,408 square feet of space in their newly built fire station to be utilized by Emergency Medical Services.  Lease will be for 5 years with the option to renew for one additional 5-year period upon the same terms and conditions.  Lease cost for the first year will be $15.00 per square foot or $21,120 per year.  There could be additional operating costs (CAM) billed at the end of the second year of the lease that could not be determined at this time.  If that is the case the Lessee will be billed their proportionate share of the actual costs.  Lease will increase after the first year by the Consumer Price Index.  Lease can be terminated by giving landlord six months advance written notice.

WHY ACTION IS NECESSARY:

Board must approve all lease agreements.

WHAT ACTION ACCOMPLISHES:

Allows the EMS department to continue to be located at Boca Grande, as they must vacate the facility they currently occupy.  (#20040690-EMS)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Approve Addendum to the Construction Manager Agreement for RFQ-04-05, Lee/Hendry Landfill Leachate Treatment System, with Wright Construction to include a Guaranteed Maximum Price (GMP) that will not exceed $1,686,000.  Also approve waiving of any formal process (if needed) and authorize the use of the Direct Material Purchase Orders based on CM’s competitive process, that allows the county to purchase directly from suppliers of equipment and/or materials as a cost/time saving measure.

WHY ACTION IS NECESSARY:

Pursuant to Administrative Code AC-4-4 Lee county Contract Manual, approved by the Board on September 25, 2001, construction projects estimated to be over $50,000 will be executed through the formal advertised process.

WHAT ACTION ACCOMPLISHES:

This project is the construction of a leachate treatment system including clarifier, ultrafiltration, reverse osmosis and ancillary treatment equipment and systems.  Some of the treatment equipment will be installed in an existing building. (#20040706-Solid Waste)

 

 

(b)

ACTION REQUESTED:

Approve Task Assignment No. 8 to Florida Department of Environmental Protection Contract No. GC570 in the amount of $246,123.18 for pollutant storage tank inspections for the period July 1, 2004 through June 30, 2005 and authorize the contract manager to sign the Task Assignment Notification Form for Lee County.

WHY ACTION IS NECESSARY:

To continue the contracted Pollutant Storage Tank Inspection Program in Lee County from July 1, 2004 through June 30, 2005.

WHAT ACTION ACCOMPLISHES:

Provides continued funding mechanism for the Pollutant Storage Tank Program.  (#20040717-Natural Resources)

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve Supplemental Agreement No. 4, for RFQ-03-03 Sanibel Bridge & Toll Plaza Reconstruction along with Cape Coral Toll plaza, with Jacobs Construction Services, Inc. (Contract #2632) to include the Guaranteed Maximum Price (GMP) in the amount of $31,404,556 (Span C),  (includes Phase CM Fee of $1,623,411 which is 6%) and the Construction Inspection Services in the amount of $1,085,163.00.  Additionally, request Board approve waiving of any 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 equipments and/or materials as a cost/time saving measure.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Allows for the bridge, seawalls and all associated appurtenances for the Construction of the Sanibel Bridge project Span C.  (#20040711-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve final acceptance, by Resolution and recording of a utility easement, for one 10” diameter master meter assembly and the off-site force main extension serving Cypress Point; and, to authorize payment of $19,550.40 to Watermen of Cypress Point LLC for the construction and upsizing improvements made to the sewage force main.  This is a developer-contributed asset with certain items to be paid by Lee County.  The project is located on the west side Six Mile Cypress Parkway approximately ½ mile north of Daniels Parkway.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection, and sanitary sewer service to the subject property and, with the over sizing of the new force main provides sanitary sewer service to adjacent undeveloped properties.

WHAT ACTION ACCOMPLISHES:

Complies with the Lee County Utilities Operations Manual and the Developer’s Agreement previously approved by the Board.  (#20040167-Utilities)

 

 

(b)

ACTION REQUESTED:

Approve final acceptance, by Resolution, as a donation for one fire hydrant serving Herons Glen Temporary Sales Center.  This is a Developer contributed asset project located on the south side of Avenida Del Vera Blvd approximately 1,500 east of Mystic Way.

WHY ACTION IS NECESSARY:

To provide fire protection to the recently constructed sales center.

WHAT ACTION ACCOMPLISHES:

Places the fire hydrant into operation and complies with the Lee County Utilities Operations Manual.  (#20040665-Utilities)

 

 

(c)

ACTION REQUESTED:

Approve construction of a water main and gravity main extension, serving Shoppes at Beachwalk.  This is a Developer contributed asset and the project is located on the southeast corner of San Carlos Boulevard and Beachwalk Boulevard.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to this proposed commercial development.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20040666-Utilities)

 

 

(d)

ACTION REQUESTED:

Approve construction of water main extension serving Blessed Pope John XXIII, Phase 1 & 2.  This is a Developer contributed asset project located along the east side of Appaloosa Lane approximately 1,300’ north of Daniels Parkway.

WHY ACTION IS NECESSARY:

To provide potable water service and fire protection to this proposed church.

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.  (#20040667-Utilities)

 

 

(e)

ACTION REQUESTED:

Approve construction of the offsite force main serving Bella Terra.  This is a Developer contributed asset project located on the south side of Corkscrew Road approximately two miles east of Ben Hill Griffin Parkway.

WHY ACTION IS NECESSARY:

To provide sanitary sewer service to this proposed residential development.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20040668-Utilities)

 

 

(f)

ACTION REQUESTED:

Approve final acceptance, by Resolution and recording of one utility easement as a donation for two 6’’ diameter fire lines and one fire hydrant serving Miromar Outlet Mall, Phase iv, Buildings ‘M, N, O & P’.  This is a Developer contributed asset project located on the northwest corner of Corkscrew Road and Ben Hill Griffin Parkway.

WHY ACTION IS NECESSARY:

To provide fire protection the recently constructed commercial building.

WHAT ACTION ACCOMPLISHES:

Places the fire lines and fire hydrant into operation and complies with the Lee County Utilities Operations Manual.  (#20040669-Utilities)

 

 

(g)

ACTION REQUESTED:

Approve final acceptance, by Resolution, for one 6” diameter fire line serving Craig Stevens Metro Office.  This is a developer contributed asset project located at the southwest corner S. Gulf Coast Lane and Metro Parkway.

WHY ACTION IS NECESSARY:

To provide fire protection to the recently constructed industrial building.

WHAT ACTION ACCOMPLISHES:

Places the fire line into operation and complies with the Lee County Utilities Operations Manual.  (#20040699-Utilities)

 

 

(h)

ACTION REQUESTED:

Approve final acceptance, by Resolution, as a donation for one fire hydrant serving Alico Industrial park – Lots 11 & 12.  This is a Developer contributed asset and the project is located at the end of Supply Drive on approximately 650 feet north of Alico Road.

WHY ACTION IS NECESSARY:

To provide fire protection to the recently constructed commercial building.

WHAT ACTION ACCOMPLISHES:

Places the fire line into operation and complies with the Lee County Utilities Operations Manual.  (#20040700-Utilities)

 

11.

PARKS AND RECREATION

 

12.

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).  (#20040726-Clerk of Courts)

 

ADMINISTRATIVE AGENDA

June 15, 2004

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Approve contract between Lee County Board of County Commissioners and the District 21 Lee County Medical Examiner’s Office.

WHY ACTION IS NECESSARY:

To clarify terms and conditions of engaging the District 21, Medical Examiner’s Office.

WHAT ACTION ACCOMPLISHES:

Establishes County contract with the District 21, Medical Examiner’s office.  (#20040747-County Manager)

 

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 Bid Waiver # W-040444 to waive the formal quoting procedure and allow Natural Resources to proceed with the purchase of LabWorks software and maintenance from PerkinElmer.  Total expenditure for the software: $53,766.02.  A bid waiver has been requested due to the fact that PerkinElmer is the sole source provider of this software.  Also approve the expenditure of a not-to-exceed amount of $1000 for such incidentals as software “patches” and other minor upgrades, which may be required.

WHY ACTION IS NECESSARY:

Expenditures exceeding $50,000 require Board approval.

WHAT ACTION ACCOMPLISHES:

Provides the Environmental Lab with the latest version of this software, which manages all of the testing performed by the lab–from logging in samples to printing test results in required formats.  (#20040578-Natural Resources)

 

 

(b)

ACTION REQUESTED:

Award Professional Services Agreement for CN-04-02, Design and Engineering Services for the Waste to Energy Expansion Project, to Burns & Roe Enterprises, Inc. in a not-to-exceed amount of $5,919,000.00.  Also request that the Board approve waiving of County formal procurement processes (if needed) and authorize the use of Director Material Purchase Orders based on the Engineer’s competitive procurement process, which allows the County Public Works to purchase items directly from suppliers of specified equipment and/or materials as a cost/time saving measure

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides Engineering, Design, and Procurement services for the complete design of the Expansion project to be constructed at the existing Lee County Waste to Energy Facility site, including the design of all equipment required, and, to integrate the Expansion Project into the existing Lee County Waste to Energy Facility. (#20040727-Solid Waste)

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS