District #1Bob
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 |
Donald D. Stilwell, County Manager |
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James
G. Yaeger, County Attorney |
June 22, 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
Dane Blankenship |
First
Baptist Church of Cape Coral |
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Pledge
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Recap |
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Public
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Items
to be pulled for discussion by the Board |
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Motion
to approve balance of items |
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Consideration
of items pulled for discussion |
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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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June 22, 2004
1. |
COUNTY
ADMINISTRATION |
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ACTION
REQUESTED: Approve resolution for Project Number LC-04-04-01
as a qualified applicant for the State Qualified Target Industry Tax Refund
Program (QTI) as recommended by the Lee County Industrial Development
Authority (IDA) on May 14, 2004. WHY ACTION
IS NECESSARY: State Law requires County to demonstrate support
for the application before approved by the state. WHAT ACTION
ACCOMPLISHES: Provides a 20% local match not-to-exceed $112,000
over four years. (#20040728-Economic Development) |
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ACTION
REQUESTED: Approve the Application for State Revenue Sharing
Fiscal Year 2004-2005 and authorize Chairman to sign the application. WHY ACTION IS
NECESSARY: Each unit of government is required by the State to file an application in order to be considered for any funds to be distributed under the Revenue Sharing Act. WHAT ACTION
ACCOMPLISHES: Allocates State Revenue Sharing monies to Lee
County. (#20040786-County Manager) |
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2. |
CONSTRUCTION
AND DESIGN |
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ACTION
REQUESTED: WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: This project involves the Consultant providing
land acquisition assistance, land use evaluation, environmental assessment
and planning for site development.
Project also includes the design of a transit terminal centrally
location within Fort Myers. The
design will facilitate transit services currently housed at the Lee Tran
Office on Landing View Road and allow for planned expansions. (#20040748-Construction and Design) |
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ACTION
REQUESTED: Concur with the selection of Consultants by the Competitive Negotiations Committee for CN-04-09 MISCELLANEOUS STRUCTURAL ENGINEERING SERVICES, and authorize staff to negotiate hourly rates and independent cost with the following six (6) selected firms: Edwards and Kelcey, Inc., Jenkins & Charland, Inc., Kisinger Campo & Associates Corp., Pyper Engineering Inc., TKW Consulting Engineers, Inc., and TLC Engineering for Architecture, for a contract period of two (2) years with the option of renewal for one (1) additional year. Also, authorize Chairman on behalf of the Board to execute the agreements upon final negotiations. WHY ACTION
IS NECESSARY: Board approval is required. WHAT ACTION
ACCOMPLISHES: Provides the County with several consultants on
contract that can provide professional structural engineering services
involving design; construction drawings; construction specifications;
permitting; bidding and negotiation services; construction
observation/administration; conceptual estimates; analysis of existing
facilities/bridges; as-built drawings; miscellaneous design services and
eleventh month warranty inspection services for various projects in Lee
County undertaken by County departments/divisions. (#20040759-Construction and Design) |
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3. |
COUNTY
COMMISSIONERS |
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4. |
COMMUNITY
DEVELOPMENT |
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ACTION
REQUESTED: Accept a Petition to Vacate an 8-foot wide strip
of a Drainage and Public Utility Easement located at 5575 Sunrise Dr., Fort
Myers, Florida 33919, off of McGregor Boulevard (State Road 867), and adopt a
resolution, setting a Public Hearing for 5:00 PM on the 27th day
of July 2004. (Case No. VAC2004-00019) WHY ACTION
IS NECESSARY: To obtain permit to construct a pool and cage
addition to an existing single-family residence. 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. (S2 & 3-T45S-R24E) (#2)
(#20040560-Development Services) |
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ACTION
REQUESTED: Accept a Petition to Vacate a 20-foot wide Lake
Maintenance Easement located off of McGregor Boulevard, north of Summerlin
Road at 16111 Bentwood Palms Drive, 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. VAC2003-00050) WHY ACTION
IS NECESSARY: Vacate the easement to allow issuance of an
after-the-fact permit for the existing deck structure. The
vacation of this easement will not adversely impact the ability of the
maintenance entity to provide proper lake maintenance. WHAT ACTION
ACCOMPLISHES: Sets the time and date of the Public Hearing. (S1-T46S-R23E) (#3)
(#20040607-Development Services) |
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5. |
HUMAN
SERVICES |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Approve Purchase Agreement for acquisition of
Parcel 310, Three Oaks Parkway South Extension Project No. 4043, in the
amount of $85,750; 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. (#20040673-County Lands) |
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ACTION
REQUESTED: Approve Purchase Agreement for acquisition of
Parcel 309, Three Oaks Parkway South Extension Project No. 4043, in the
amount of $201,000; 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. (#20040681-County Lands) |
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ACTION
REQUESTED: Approve Purchase Agreement for acquisition of
Parcels 254 and 254SDE, Three Oaks Parkway South Extension Project No. 4043,
in the amount of $2,300; 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. (#20040682-County Lands) |
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ACTION
REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $159,500 for Parcel 117,
Bonita Beach Road Widening, Project No. 4044, pursuant to the Purchase
Agreement; 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. (#20040710-County Lands) |
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ACTION
REQUESTED: Approve Purchase Agreement for acquisition of 2056, 2060 and 2066 South Street for the Supportive Housing Development Program, in the amount of $195,000; 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 acquisition of three residential properties,
providing nine supportive housing units.
(#20040740-County Lands) |
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ACTION
REQUESTED: Rescind previous award to Jesse’s Trucking of SW
Florida Inc. and Sod for Formal Quotation No. Q-010211, The Purchase of Sod,
for county wide use, pending the end of a thirty day termination notice
effective 6/26/04, and award to the next low quoter, Triple J of Lee County,
at the prices listed on the attached tabulation sheet. Triple J of Lee County would complete the
remaining ten months of the contract period (until 4/30/05), and authority is
requested to renew this quote for an additional one-year period upon mutual
agreement of both parties. WHY ACTION
IS NECESSARY: Board approval is required. WHAT ACTION
ACCOMPLISHES: Allows Lee County to purchase sod in a cost
effective, efficient, and timely manner.
(#20040757-Purchasing) |
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ACTION
REQUESTED: Approve the Purchase Agreement to acquire the
subject property (4.7127 acres ±) identified in the Agreement for the
acquisition of property located at 13930 Metro Parkway, Fort Myers (part of
STRAP No. 19-45-25-00-00004.0030) in the amount of $1,335,000, pursuant to
the terms and conditions set forth in the Agreement. Authorize the Division of County Lands to
handle and accept all documentation necessary to complete the
transaction. Also, approve Budget
Transfers in the amount of $2,000,000 and amend the FY03-04 CIP accordingly. WHY ACTION
IS NECESSARY: The Board must accept all real estate conveyances
to Lee County. WHAT ACTION
ACCOMPLISHES: The purchase of land for road widening and
drainage purposes. (#20040762-County
Lands) |
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7. |
PUBLIC
SAFETY |
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8. |
SOLID
WASTE-NATURAL RESOURCES |
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ACTION
REQUESTED: Execute Interlocal Agreement between Lee County,
Captiva Erosion Prevention District and City of Sanibel for the Blind Pass
Ecozone Restoration Project. WHY ACTION
IS NECESSARY: The Interlocal Agreement is necessary to define
the cost sharing methods and responsibilities of each of the parties. WHAT ACTION
ACCOMPLISHES: The Interlocal defines and restates the mutual
support for the project, and defines specific roles and responsibilities of
each party through project permitting and construction. (#20040712-Natural Resources) |
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ACTION REQUESTED: Approve
and authorize Chairman to sign a Waste Tire Grant Application for FY
04-05. Matching funds are not
required. WHY ACTION IS NECESSARY: The
State requires certification that the person signing the grant application
possesses the authority to apply for the grant on behalf of the County. Additionally, FDEP requires the person
signing acceptance forms be authorized by the governing Board. WHAT ACTION ACCOMPLISHES: Satisfies
State guidelines for grant applicants and recipients. (#20040714-Solid Waste) |
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ACTION
REQUESTED: Execute Memorandum of Understanding (MOU) between
Lee County and the Florida Fish and Wildlife Conservation Commission (FWC)
for completion of a comprehensive recreational boating facility inventory,
and approve expenditure of $100,000 to FWC selected contractor in accordance
with Section 4 of the MOU. Funds are
available from the Boating Improvement Program. WHY ACTION
IS NECESSARY: The MOU includes a financial commitment by Lee
County that must be approved by the Board. WHAT ACTION
ACCOMPLISHES: Provides that Lee County will contribute $100,000
toward completion of the inventory.
The balance of the cost will be paid by FWC. Lee County will be a partner in the FWC study that will be a
baseline document for evaluating future boat facility supply and demand. (#20040718-Natural Resources) |
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ACTION
REQUESTED: Approve Change Order No. 1 to Contract 2675,
Bonita Beach Renourishment Project, with Lake Michigan Contractors, Inc., in
the amount of $3,364,416, for beach restoration efforts in Lovers Key State
Park. Through grant agreement 99LE1,
the Florida Department of Environmental Protection is providing 88% of
construction costs with the balance being funded by Lee County. Funds are available. WHY ACTION
IS NECESSARY: Any expenditure in excess of $50,000 must be
approved by the Board of County Commissioners. WHAT ACTION
ACCOMPLISHES: Authorizes the restoration of approximately 6,000
linear feet of shoreline at Lovers Key State Park. The restoration will
provide an average of approximately 265 feet of new beach for recreation,
storm protection and environmental enhancement. Approves Lake Michigan Contractors, Inc. to begin the
restoration activities in accordance with the contract documents and permit
authorizations. (#20040724-Natural
Resources) |
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ACTION
REQUESTED: Approve Change Order No. 4 to Contract 1253,
Estero Island & Lovers Key Beach Restoration Project, with Coastal
Planning & Engineering, Inc., in the amount of $106,276, for professional
services related to the beach restoration construction in Lovers Key State
Park. Through grant agreement 99LE1,
the Florida Department of Environmental Protection (FDEP) is providing 88% of
construction costs with the balance being funded by Lee County. Funds are available. WHY ACTION
IS NECESSARY: Any expenditure in excess of $50,000 must be
approved by the Board of County Commissioners. WHAT ACTION
ACCOMPLISHES: Authorizes professional services including FDEP
required pre and post construction monitoring, and technical assistance with
the construction management. The consultant will assist in the review of the
Contractors work in compliance with State and Federal permits authorizations
in order to certify the project was constructed as designed. Any deviations
from the approved plans and permits will be noted on record drawings. (#20040729-Natural Resources) |
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ACTION
REQUESTED: Approve Amendment No. 1 to DEP Agreement No. S0096, Ten Mile Canal Filter Marsh Project, providing for a grant extension. No additional funding is required. WHY ACTION
IS NECESSARY: Board approval is required for all
contracts/agreements and amendments thereto. WHAT ACTION
ACCOMPLISHES: Provides for additional time to complete the
project under grant guidelines.
(#20040730-Natural Resources) |
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ACTION REQUESTED: Approve the waiving of any formal process (if needed) and authorize the Construction Manager for the Lee/Hendry Landfill, Waste Management Inc. of Florida (Agreement #2061), to purchase landfill construction materials from vendors through ‘national accounts/agreements’ or other competitively selected vendors and (2) Authorize the County to use Direct Material Purchase Orders to purchase directly from material/equipment vendors based on the Construction Manager’s Competitive Process as a cost/time saving measure for landfill construction activities. 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 a 25-acre landfill expansion necessary for continuing disposal of waste-to-energy ash and bypass MSW. (#20040780-Solid Waste) |
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9. |
TRANSPORTATION |
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ACTION REQUESTED: Award B-04-23, ANNUAL DIRECTIONAL BORE SERVICES,
for the Department of Transportation to the two lowest bidders meeting all
bidding requirements, Rodger Roberts, Inc. and Cornerstrone Businesses, based
on the unit prices stipulated in the bid tabulation, with an annual contract
period of one (1) year with an option of being renewed for two (2) additional
one (1) year periods. WHY ACTION IS NECESSARY: Board approval is required. WHAT ACTION ACCOMPLISHES: The Contractors will provide on an Aas needed@ basis directional bore
services for various County projects.
(#20040764-Transportation) |
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ACTION
REQUESTED: Award B-04-19, Laurel Drive Sidewalk Improvements,
for the Department of Transportation to the lowest responsive/responsible
bidder meeting all bidding requirements, Gulf Paving Co. Inc. for the
not-to-exceed amount of $816,667.85, with a final completion time of 210
calendar days. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Provides a contractor to perform construction of
concrete sidewalk and associated drainage improvements.
(#20040708-Transportation) |
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ACTION REQUESTED: Approve the Joint Project Agreement with the
Florida Department of Transportation for roadway lighting on SR 45/US 41 from
a point North of College Parkway to a point South of South Road. Also, approve the Resolution authorizing
the Chairman to execute this Agreement. WHY ACTION IS NECESSARY: Requires Board of County Commissioner approval for
agreements. WHAT ACTION ACCOMPLISHES: By agreeing to the Agreement, Lee County will
assume the responsibility of maintenance and energy cost for this proposed
lighting system. Lee County shall, at
its sole cost and expense, maintain the roadway lighting system throughout
its expected useful life.
(#20040715-Transportation) |
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10. |
UTILITIES |
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ACTION REQUESTED: Approve construction of a water main and force
main extension serving Gladiolus
Commercial Site. This is a
Developer contributed asset project which is located at the northeast corner
of Gladiolus Drive and Old Gladiolus Drive. WHY ACTION IS NECESSARY: To provide potable water service, fire protection,
and sanitary sewer service to this 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.
(#20040701-Utilities) |
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ACTION
REQUESTED: Approve final acceptance, by Resolution, and
recording of one Utility Easement as a donation for one 6”diameter fire line
and one fire hydrant branch line serving Villa
Vincente St. Vincente de Paul Elderly Housing. This is considered a
developer contributed asset project located on the south side of Palm Beach
Blvd. approximately 1-1/3 miles east of S.R. 31. WHY ACTION
IS NECESSARY: To provide fire protection to the recently
constructed assisted living community. WHAT ACTION
ACCOMPLISHES: Places the fire line and fire hydrant into
operation and complies with the Lee County Utilities Operations Manual. (#20040702-Utilities) |
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ACTION REQUESTED: Approve construction of a water main extension
serving the Apostolic Church. This is considered a Developer contributed
asset and the project is located on the northwest corner of Trail Dairy
Circle and Rustic Lane. WHY ACTION IS NECESSARY: To provide potable water service and fire
protection to this existing church. WHAT ACTION ACCOMPLISHES: Complies with the Lee County Utilities line extension policy. (#20040703-Utilities) |
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ACTION REQUESTED: Approval of Florida Department of Transportation
(FDOT) Utility Agreement Resolution, Utility Work Agreement, and Memorandum
of Agreement for utility adjustments along Metro Parkway (SR 739) from
Winkler Avenue to Hanson Street. WHY ACTION IS NECESSARY: Proposed FDOT roadway project and its drainage
facilities will conflict with an existing Lee County Utilities (LCU) potable
water main. The total estimated cost
to adjust portions of this water main is $37,464.00. No portion of the work is considered to be
reimbursable by FDOT. In order to
provide for the least impact to the general public and improved coordination
of work, the required utility work needs to be completed by formal agreement
with FDOT. WHAT ACTION ACCOMPLISHES: Agreements and other similar documents are
required to be approved by the BOCC.
(#20040742-Utilities) |
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11. |
PARKS AND
RECREATION |
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ACTION
REQUESTED: Approve transfer of funds from reserves and
closing of fund #13806 in the amount of $88,950 plus interest. These are funds acquired by the Family
Connection Center program between 1996 and 2002. The funds to be transferred to the University of Florida
Institute of Food and Agricultural Sciences Extension Service are to be used
for operations of the Family Connection Center to help pay for operating
expenses not covered by the grant such as rent and utilities. WHY ACTION
IS NECESSARY: Board must approve transfer of funds from
reserves, closing of funds and transfer of balance to the University of
Florida. WHAT ACTION
ACCOMPLISHES: Transfers money to the University of Florida to
provide support for the Family Connection Center program. (#20040770-Parks and Recreation) |
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12. |
COUNTY
ATTORNEY |
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ACTION REQUESTED: Approve the Interlocal Agreement between Lee
County and the School Board of Lee County providing for the sharing in the
financing of the construction of a sidewalk on Pine Island Road, between
Matlacha Isles and S.W. 35th Place. WHY ACTION IS NECESSARY: The Board of County Commissioners must approve all
Interlocal Agreements entered into by the County. WHAT ACTION ACCOMPLISHES: Clarifies the Parties’ respective responsibilities
for funding the construction of the sidewalk. (#20040758-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).
(#20040721-Clerk of Courts) |
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ACTION REQUESTED: Approve payment of delinquent tax overbid claim-City
of Cape Coral. 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. (#20040750-Clerk of Courts) |
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June
22, 2004
1. |
COUNTY
ADMINISTRATION |
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2. |
CONSTRUCTION
AND DESIGN |
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ACTION
REQUESTED: Approve Bid Waiver # W-040491 to waive the formal
quoting procedure and allow Public Works to proceed with the purchase of a
sound system from GTC Technology Group, Inc. for use at the new recreational
center at the Veteran’s Park K-8 School in Lehigh Acres. Total expenditure for the system: $54,572.67. A bid waiver has been requested due to the fact that the School
Board is managing the construction of the school and is using GTC for their
sound system; therefore, the same equipment needs to be utilized in order to
ensure compatibility. WHY ACTION
IS NECESSARY: Expenditures exceeding $50,000 require Board
approval. WHAT ACTION
ACCOMPLISHES: Ensures compatibility of the sound system
throughout the new facility; and allows the school to meet its scheduled
opening date of August 2004.
(#20040736-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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8. |
SOLID
WASTE-NATURAL RESOURCES |
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ACTION
REQUESTED: Request Board waive the provisions of Lee County
Ordinance No. 92-22 as provided in Section Four and allow Hans Wilson &
Associates, Inc. the opportunity to compete for design, permitting and
construction phase services on the Blind Pass Ecozone Project (Project No.
3091). WHY ACTION
IS NECESSARY: Waiver of Ordinance No. 92-22 requires an
affirmative vote by at least four commissioners (super-majority). WHAT ACTION
ACCOMPLISHES: Allows Hans Wilson & Associates to pursue
selection for the design of the Blind Pass Ecozone project when it is advertised. (#20040734-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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13. |
HEARING
EXAMINER |
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14. |
PORT
AUTHORITY |
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15. |
CONSTITUTIONAL
OFFICERS |
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Public Hearing |
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