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 |
|
Robert W. Gray, Deputy
County Attorney |
July 27, 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
Ken Murdock |
Unity
of Fort Myers |
||
|
|
|
|||
|
Pledge
of Allegiance |
|
|||
|
|
||||
|
Presentations: |
||||
|
|
·
|
|||
|
|
(Commissioner
Judah-#20040832) |
|||
|
|
·
|
|||
|
|
(Commissioner
Albion-#20040833) |
|||
|
|
·
|
|||
|
|
(County
Commission-#20040834) |
|||
|
|
·
|
|||
|
|
(Human
Resources-#20040754) |
|||
|
|
||||
|
Recap |
||||
|
|
||||
|
Public
Comment on the Consent and Administrative Agenda |
||||
|
|
||||
|
|||||
|
·
|
Items
to be pulled for discussion by the Board |
|||
|
· |
Motion
to approve balance of items |
|||
|
· |
Consideration
of items pulled for discussion |
|||
|
|
||||
|
|||||
|
|
||||
|
Walk-ons
and Carry-overs |
||||
|
|
||||
|
Commissioners'
Items/Committee Appointments |
||||
|
|
||||
|
County
Manager Items |
||||
|
|
||||
|
County
Attorney Items |
||||
|
|
||||
|
Adjourn |
||||
July 27, 2004
1. |
COUNTY ADMINISTRATION |
||
|
ACTION
REQUESTED: Approve resolution: 1) adopting proposed FY04-05
ad-valorem millage rates and rolled-back rates; and, 2) schedule first and
second public hearings on the FY04-05 proposed budget and proposed millage
rate for September 8, 2004 at 5:05 p.m., and September 22, 2004 at 5:05 p.m.
in the Commission Chambers Meeting Room. WHY ACTION
IS NECESSARY: State law requires that the Board advise the
Property Appraiser of the millage rates, rolled-back rates, and the date,
time, and place of the first public hearing on the budget. WHAT ACTION
ACCOMPLISHES: Authorizes the aforementioned information to be
transmitted to the Property Appraiser as required by State Law. (#20040923-Budget Services) |
||
2. |
CONSTRUCTION AND DESIGN |
||
|
ACTION
REQUESTED: Concur with the ranking of Consultants by the
Competitive Negotiations Committee for CN-04-08, TAX COLLECTOR PROTO TYPICAL
BRANCH OFFICE DESIGN, in the following order of ranking, and authorize
contract negotiations to commence with the number one ranked firm: (1)
Parker/Mudgett/Smith Architects, Inc.; (2) BSSW Architects, Inc.; (3) Titsch
& Associates Architects, Inc. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Provides the County with a Consultant to provide
programming, design and preparation of construction documents and
construction contract administration for an approximately 8,000 square foot,
single story office building to serve the Lee County Tax Collector. Professional services will include the
design of site and building infrastructure to include truck, public and staff
parking, storm water improvements, site lighting, landscaping and walks. (#20040831-Construction and Design) |
||
|
ACTION
REQUESTED: Concur with the selection of Consultants by the
Competitive Negotiations Committee for CN-04-11, MISCELLANEOUS ARCHITECTURAL
SERVICES, and authorize staff to negotiate hourly rates and independent cost
with the with the following four (4) firms:
Architectural Concepts, Inc.; Barany Schmitt Summers Weaver &
Partners, Inc.; Parker/Mudgett/Smith Architects, Inc.; Stevenson Architects,
Inc., for a contract period of two (2) years with an option to renew one (1)
additional twelve month period by mutual agreement between both parties. Also, authorize Chairman on behalf of the
Board to execute the agreements upon final negotiations. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Provides the County with consultants on contract
that can provide professional architectural services involving design;
construction drawings (CAD); construction specifications; permitting; bidding
and negotiation services; construction observation/administration; conceptual
estimates for new construction and renovation retrofit projects; analysis of
existing facilities; as-built drawings (CAD); eleventh month warranty
inspection. (#20040886-Construction
and Design) |
||
|
ACTION
REQUESTED: Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-04-10, PUBLIC SAFETY STATION AT TRAILHEAD PARK, and authorize contract negotiations to commence with the number one ranked firm: (1) Titsch & Associates Architects, Inc.; (2) Gora McGahey; (3) Sheeley Architects. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: This project involves the Consultant providing
civil, architectural, structural, mechanical, electrical, telecommunications
and fire protection for 12,000 square foot (approximate) station for the City
of Fort Myers Fire Department and Lee County EMS. (#20040889-Construction and Design) |
||
|
ACTION
REQUESTED: Approve the award of Project EX040563, the
purchase of modular furniture, accessories and related services at a Florida
State Contract price of $260,821.76, from Herman Miller Workplace. Also approve the expenditure of a
not-to-exceed amount of $13,050. 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 Human Services to
relocate from Pondella Road to Thompson St.
(#20040901-Construction and Design) |
||
|
ACTION REQUESTED: Approve Addendum to the
Construction Manager Agreement, (Contract #2079), RFQ-02-02 Estero Community
Park, Phase I, to J.L. Wallace, Inc., to include the Guaranteed Maximum Price
(GMP) in the amount of $10,775,404.83, (includes the CM fee in the amount of
$582,421.89). Also 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 equipment and/or materials as a cost/time saving measure. Also approve interest-bearing loan from
the General Fund to Estero Community Park Project for $6,710,000.00 and
approve budget transfer and resolution to increase Estero Community Park and
amend FY 03/04- 07/08 CIP accordingly. WHY ACTION IS NECESSARY: Board approval required. WHAT ACTION ACCOMPLISHES: Authorizes the Construction Manager, JL Wallace
Inc. to begin work for the Estero Community Park. (#20040913-Construction and Design) |
||
3. |
COUNTY COMMISSIONERS |
||
4. |
COMMUNITY DEVELOPMENT |
||
|
ACTION
REQUESTED: Accept a Petition to Vacate a 12-foot wide Public
Utility Easement at 13731 and 13711 Metropolis Ave, Fort Myers, FL 33912,
located off of Metro Parkway, and adopt a resolution, setting a Public
Hearing for 5:00 PM on the 24th day of August 2004. (Case No. VAC2003-00066) WHY ACTION
IS NECESSARY: To build an office building on the combined two
(2) lots. The vacation of this easement will not alter existing drainage and/or
utility conditions and the easement is not necessary to accommodate any
future drainage and/or utility requirements. WHAT ACTION
ACCOMPLISHES: Sets the time and date of the Public Hearing. (S19-T45S-R25E) (#2) (#20031282-Development Services) |
||
|
ACTION REQUESTED: Adopt a Resolution to Amend External Fees and
Charges Manual (Administrative Code 3-10) to add fees and charges related to
issuance and processing of development blasting permits. WHY ACTION IS NECESSARY: Board action is required to amend and/or establish
fees for Community Development. WHAT ACTION ACCOMPLISHES: Allows County to recover the cost of issuance and
processing of development blasting permits.
(#20040824-Community Development) |
||
|
ACTION
REQUESTED: Accept a Petition to Vacate a 12-foot wide Public Utility Easement located at 822 Palmetto Avenue, Lehigh Acres, Florida 33936, and adopt a resolution, setting a Public Hearing for 5:00 PM on the 24th day of August 2004. (Case No. VAC2004-00029) WHY ACTION
IS NECESSARY: To build a single-family residence on the combined
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. (S20-T44S-R27E) (#5) (#20040852-Development Services) |
||
|
ACTION
REQUESTED: Accept a Petition to Vacate a 12-foot wide Public
Utility Easement located at 211 and 209 Eighth Ave., Lehigh Acres, Florida
33972, and adopt a resolution, setting a Public Hearing for 5:00 PM on the 24th
day of August 2004. (Case No.
VAC2004-00030) WHY ACTION
IS NECESSARY: To build a single-family residence on the combined
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-R27E) (#5) (#20040863-Development Services) |
||
5. |
HUMAN SERVICES |
||
|
ACTION
REQUESTED: Execute a Contract between Lee County Board of
County Commissioners (BOCC) and The Health Planning Council of Southwest
Florida, Inc. for the Housing Opportunities for Persons with AIDS Program
(HOPWA). Approve a Budget Resolution
to the General Fund in the amount of $62,000. WHY ACTION
IS NECESSARY: To execute a contract required to receive HOPWA
funds. WHAT ACTION
ACCOMPLISHES: Provides $ 62,000 for case management to eligible
HIV+ Lee County residents. (#20040855-Human Services) |
||
6. |
INDEPENDENT |
||
|
ACTION
REQUESTED: Approve Purchase Agreement for acquisition of
Parcel 207, Bonita Beach Road Widening, Project No. 4044 in the amount of
$10,000.00; 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: Allows the County to proceed with project without
resorting to Eminent Domain proceedings.
(#20040792-County Lands) |
||
|
ACTION
REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $6,000 for Parcel 208,
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. (#20040804-County Lands) |
||
|
ACTION
REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $55,440 for Parcels 201 A
& B, Bonita Beach Road Widening, Project No. 4044, pursuant to the
Easement 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. (#20040822-County Lands) |
||
|
ACTION REQUESTED: Adopt resolution to Amend Resolutions of Intent to
Reimburse for the Western Acres Road Paving MSBU and Harbor Drive Road Paving
MSBU project. WHY ACTION IS NECESSARY: The Board approves all resolutions. WHAT ACTION ACCOMPLISHES: Provides compliance to statutes. (#20040839-MSTBU
Services) |
||
|
ACTION
REQUESTED: Authorize: (1) approval of Easement Purchase
Agreement for acquisition of Parcel 503, Imperial Street Widening. Project
4060, in the amount of $1,000.00; (2) Chairman, on behalf of the Board, to sign the
Purchase Agreement; (3) payment of costs and fees to close; (4) Division of
County Lands to handle and accept all documentation necessary to complete
this transaction. WHY ACTION
IS NECESSARY: The Board must accept all real estate conveyances
to Lee County. WHAT ACTION
ACCOMPLISHES: Allows the County to proceed with the project
without resorting to Eminent Domain proceedings. (#20040856-County Lands) |
||
|
ACTION
REQUESTED: Approve Annual Addendum to Interlocal Agreements
(ILA) with the Town of Fort Myers Beach for the County to provide necessary
animal control services for a fee based on population and service level
provided. Authorize Chairman to approve the addendum to the existing
agreement as written by the County and approved by the Town. WHY ACTION
IS NECESSARY: Current agreements end 9/30/2004. WHAT THE
ACTION ACCOMPLISHES: Provides continuity of services. (#20040883-Animal Services) |
||
7. |
PUBLIC SAFETY |
||
|
ACTION
REQUESTED: Authorizes Chairman to execute a Subgrant
Agreement with the State of Florida, Department of Community Affairs that
provides a $34,685.00 grant to fund operational activities of the Lee County
Citizen Corps Council. Approve Budget
Amendment Resolution in a like amount. WHY ACTION
IS NECESSARY: The Board of County Commissioners must approve all
agreements. WHAT ACTION
ACCOMPLISHES: Provides financial support for activities of the
Lee County Citizen Corps Council. (#20040898-Emergency Management) |
||
|
ACTION
REQUESTED: Adopt a resolution to approve changing a street
name on a platted street: as recorded Bethany Ct in Principia subdivision
Plat Book 28/ Page 44, to be changed to Bethany Ct N and Bethany Ct S
respectively. WHY ACTION
IS NECESSARY: To be in compliance with Lee County Ordinance
88-13. WHAT ACTION
ACCOMPLISHES: To avoid possible delays in emergency
response. (#20040905-911) |
||
8. |
SOLID WASTE-NATURAL
RESOURCES |
||
|
ACTION
REQUESTED: Execute Contract OT040966 with the South Florida
Water Management District (SFWMD) for East Lee County Creek Restoration. The total project cost is $250,000
including the District’s contribution of $200,000 with a $50,000 cost share
by Lee County. Approve Budget
Transfer from SFWMD Grant Projects (Project 208534) to East Lee County Creek
Restoration (Project 208586) of $50,000 in expenses establishing Lee County’s
contribution. Approve budget
amendment in the amount of $200,000 reflecting the SFWMD expenses and
revenues 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 exotic vegetation removal, debris removal and replanting of native vegetation in
tributaries of the Caloosahatchee River east of the W.P. Franklin Locks. (#20040735-Natural Resources) |
||
|
ACTION
REQUESTED: Approve Amendment No. 4 to Agreement No. C-10866,
South Lee County Watershed Study – Implementation of Recommendations, between
the South Florida Water Management District and Lee County thereby extending
the contract through September 30, 2004 and revising the Statement of Work. This agreement is more commonly referred
to as No-Rails Bridge Removal - Orr Road. WHY ACTION
IS NECESSARY: All agreements and amendments thereto require
approval by the Board of County Commissioners. WHAT ACTION
ACCOMPLISHES: Provides for contract extension through September
30, 2004. (#20040891-Natural
Resources) |
||
|
ACTION REQUESTED: Approve Change Order No. 2 to Construction
Agreement #2802 (B-04-16) LEE/HENDRY LANDFILL CELL 5 EARTHWORK with ERC
General Contracting, Inc. in the amount of $102,499.00, for a revised total
contract amount of $521,529.00 to install the secondary geomembrane liner
over the clay base in Cell 5 and to widen landfill perimeter berm around 8
manholes all associated with the Lee/Hendry Landfill Phase 2 Expansion
project. WHY ACTION IS NECESSARY: BOCC approval is required for contract changes
exceeding $50,000 in value. WHAT ACTION ACCOMPLISHES: 1) Expedites Cell 5 completion in order to provide
continuing ash/MSW disposal capacity; 2) Reduces costs as contractor is
currently on-site with necessary equipment; and 3) Allows installation of the
geomembrane liner over the clay base without delay to protect base from
erosion and damage due to rain.
(#20040899-Solid Waste) |
||
|
ACTION
REQUESTED: Authorize the establishment of one (1) new Well Drill Inspector position, Position Group Code 52650, to meet increased well inspection workload. Approve transfer from General Fund Reserves in the amount of $43,300 to cover salary, fringe benefits, and operating costs for the balance of the current fiscal year in the Natural Resources/Water Resources Business Unit, OC5370700100. WHY ACTION
IS NECESSARY: Board approval required for establishment of a new
position. WHAT ACTION
ACCOMPLISHES: Provides adequate level of well inspection
services. (#20040914-Natural
Resources) |
||
9. |
TRANSPORTATION |
||
|
ACTION
REQUESTED: Request Board approve and authorize the Chairman
to sign this agreement between Florida Power & Light (FPL) and Lee
County, permitting the County to utilize a portion of FPL right of way with
conditions as outlined in the agreement. WHY ACTION
IS NECESSARY: Board of County Commissioners must approve all
agreements. WHAT ACTION
ACCOMPLISHES: Allows modification of an existing pond in FPL
right of way north of and adjacent to Bonita Beach Road to function as a
storm water treatment pond for Bonita Beach Rd. widening project from I-75 to
Imperial (CIP # 4044).
(#20040798-Transportation) |
||
|
ACTION REQUESTED: Approve Amendment to Cooperative Agreement with
Federal Highway Administration, The Florida Department Of Transportation to
extend the period of performance for Heavy Vehicle Post-Implementation Data
Collection to expire February 28, 2005, and approve authorizing resolution
for Chairman to execute agreement. WHY ACTION
IS NECESSARY: Requires BOCC approval for amendment to agreement. WHAT ACTION
ACCOMPLISHES: Allows DOT to continue with data collection and
reporting of the impact of Variable Pricing for Heavy Vehicles on traffic
flow. (#20040838-Transportation) |
||
|
ACTION REQUESTED: Approve funding and execute agreement for a
matching grant funds request submitted by Tanglewood Residents Association,
pursuant to the terms and conditions of the Landscaping Funds Program
(AC11-08) and the agreement. WHY ACTION
IS NECESSARY: The Landscape Funds Program requires BOCC approval
of the project and execution of the agreement prior to project
implementation. WHAT ACTION
ACCOMPLISHES: The grant provides county funds to match donated
funds for landscaping of the entrances of the Tanglewood Subdivision. (#20040896-Transportation) |
||
10. |
UTILITIES |
||
|
ACTION REQUESTED: Approve final acceptance by Resolution and
recording of one (1) Utility Easement, as a donation of water distribution
and a gravity collection systems, lift station, force main and reuse main
serving The Gardens at Estero, Phase 1
n/k/a Villagio, Phase 1. This is
a developer contributed asset project located on the east side of Three Oaks
Parkway approximately 1/4 mile south of Koreshan Boulevard. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this phase of the multi-family residential
development. WHAT ACTION ACCOMPLISHES: Places the water and sewer systems into operation
and complies with the Lee County Utilities Operations Manual. (#20040402-Utilities) |
||
|
ACTION REQUESTED: Approve construction of a water and gravity main
extension serving Sanibel Promenade,
Phase 1-A. This is a Developer
contributed asset and the project is located on the south side of Summerlin
Road approximately 700 west of Bunche Beach Road. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this phase of the 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.
(#20040738-Utilities) |
|
|
ACTION REQUESTED: Approve final acceptance, by Resolution and
recording of a utility easement, as a donation of one 10” diameter master
meter assembly and a force main connection serving Kelly Road Apartments n/k/a Mandolin Bay. This is a developer-contributed asset
project located approximately 1,000’ east of the intersection of McGregor
Boulevard and Kelly Road. WHY ACTION IS NECESSARY: To provide potable water service, fire protection,
and sanitary sewer service to the recently constructed multi-family
residential project. WHAT ACTION ACCOMPLISHES: Places the water and wastewater facilities into
operation and complies with the Lee County Utilities Operations Manual. (#20040743-Utilities) |
|
|
ACTION REQUESTED: Approve final acceptance, by Resolution, as a
donation of one (1) 10” diameter fire line, one (1) potable water service and
a force main extension serving Silks By Mu. This is a Developer Contributed asset
project located on the west side of S. Tamiami Trail, approximately 1,400
feet south of San Carlos Boulevard. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to the recently constructed commercial building. WHAT ACTION ACCOMPLISHES: Places the fire line and force main into operation
and complies with the Lee County Utilities Operations Manual. (#20040744-Utilities) |
|
|
ACTION REQUESTED: Approve final acceptance, by Resolution, and
recording of five Utility Easements as a donation, for a gravity collection
system serving Brookshire Village.
This is considered a developer contributed asset and the project is
located on the northwest corner of Daniels and Six Mile Cypress Parkways. WHY ACTION IS NECESSARY: Allows Lee County Utilities to monitor the
sanitary sewer system of the residential community to provide adequate
assurance that compliance with the Lee County Utilities inflow and
infiltration policy is achieved. WHAT ACTION ACCOMPLISHES: To convey ownership and maintenance of the
Brookshire Village gravity collection system to Lee County Utilities. Assures compliance with the Lee County
Utilities Operations Manual.
(#20040745-Utilities) |
|
ACTION REQUESTED: Approve construction of water and gravity main
extensions serving Enclave at Cypress
Lake. This is a Developer
contributed asset project located at the end of Broadhurst Loop on the north
side of Cypress Lake Drive. WHY ACTION IS NECESSARY: To provide potable water, fire protection and
sanitary sewer service to this proposed multi-family development. WHAT ACTION ACCOMPLISHES: Complies with the Lee County Utilities line extension
policy and provides adequate utility infrastructure to support development of
the subject property.
(#20040845-Utilities) |
||
|
ACTION REQUESTED: Approve final acceptance by Resolution and
recording of two (2) Utility Easements as a donation of water distribution
and gravity collection systems serving Cascades
at Estero, Parcel ‘F’. This is a developer contributed asset
project located on the south side of Koreshan Boulevard approximately 1 mile
east of S. Tamiami Trail in Estero. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this phase of the residential development. WHAT ACTION ACCOMPLISHES: Places the water and sewer systems into operation
and complies with the Lee County Utilities Operations Manual. (#20040846-Utilities) |
||
|
ACTION REQUESTED: Approve final acceptance, by Resolution, as a
donation of a fire hydrant and a 6” diameter fire line, serving Crystal Metro Pyramid II. This
is a Developer contributed asset project located on the northwest corner of
Metro Parkway and Crystal Drive. WHY ACTION IS NECESSARY: To provide fire protection to the recently
constructed commercial building. WHAT ACTION ACCOMPLISHES: Places the fire hydrant and fire line into
operation and complies with the Lee County Utilities Operations Manual. (#20040847-Utilities) |
||
|
ACTION REQUESTED: Approve final acceptance by Resolution as a
donation of a water distribution system and a gravity collection system
serving Palm Island, Phase II-B. This is a developer contributed asset project located on the
north side of Hancock Bridge Parkway approximately ½ mile east of Orange
Grove Boulevard. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this phase of the residential development. WHAT ACTION ACCOMPLISHES: Places the water and sewer systems into operation
and complies with the Lee County Utilities Operations Manual. (#20040848-Utilities) |
||
|
ACTION REQUESTED: Approve final acceptance, by Resolution, as a
donation of water distribution and gravity collection systems serving Cascades at Estero, Parcel ‘A’. This is a developer contributed asset
project located on the south side of Koreshan Boulevard approximately 1 mile
east of S. Tamiami Trail in Estero. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this phase of the residential development. WHAT ACTION ACCOMPLISHES: Places the water and sewer systems into operation
and complies with the Lee County Utilities Operations Manual. (#20040849-Utilities) |
||
|
ACTION REQUESTED: Approve construction of a water main extension
serving Mickey Franklin’s Tire and
Wheel. This is a Developer
contributed asset project located along Pondella Road approximately 500 west
of US 41. WHY ACTION IS NECESSARY: To provide potable water service and fire
protection to the existing retail store and the proposed building addition. WHAT ACTION ACCOMPLISHES: Complies with the Lee County Utilities line
extension policy and provides adequate utility infrastructure to support
development of this phase.
(#20040850-Utilities) |
||
|
ACTION REQUESTED: Approve final acceptance, by Resolution, and
recording of one (1) Utility Easement as a donation for one fire hydrant and
one (1) sanitary sewer service serving King
Sod, Phase 1. This is a Developer
contributed asset project located on along Pondella Road, approximately 800’
west of Orange Grove Boulevard. WHY ACTION IS NECESSARY: To provide fire protection and sewer service to
the recently constructed phase of this commercial building. WHAT ACTION ACCOMPLISHES: Places the fire hydrant into operation and
complies with the Lee County Utilities Operations Manual. (#20040859-Utilities) |
||
|
ACTION REQUESTED: Approve construction of the water distribution and
gravity collection systems serving Bella
Terra, Phases 3A-1 and 3A-4. This
is a Developer-contributed asset project located on the south side of
Corkscrew Road approximately one mile east of Wildcat Run. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to these phases of the proposed residential
development. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of theses phases of the subject property and complies
with the Lee County Utilities Operations Manual. (#20040860-Utilities) |
||
|
ACTION REQUESTED: Approve construction of the water distribution and
gravity collection systems serving Bella
Terra, Phases 3B-1 and 3B-2. This is a Developer-contributed asset
project located on the south side of Corkscrew Road approximately one mile
east of Wildcat Run. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to these phases of the proposed residential
development. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of these phases of the subject property and complies with
the Lee County Utilities Operations Manual.
(#20040861-Utilities) |
||
|
ACTION REQUESTED: Approve for acceptance, and filing with the
Clerk’s Office, Minutes Department, an after-the-fact Emergency under
Resolution 03-07-08, for the purchase of one JT1220 Jet Trac Boring System in
the amount of $127,588.08 from Ditch Witch of Central & South Florida
from funds allocated in Project # 207435 – “Direct Boring & Ditch Digging
Machine”. WHY ACTION IS NECESSARY: Board approval is required for purchases over
$50,000.00. WHAT ACTION ACCOMPLISHES: Provides after-the-fact approval under the
emergency GES resolution for Purchase Order #55796 for the purchase of a Jet
Trac Boring System from Ditch Witch of Central & South Florida, so that
Lee County Utilities may continue to make repairs to the system in an
expeditious manner due to the purchase of the GES system. (#20040862-Utilities) |
||
|
ACTION REQUESTED: Approve construction of water and gravity main
extensions serving Verandah, orangEtree BEND. This
is a Developer contributed asset and the project is located on the south side
of SR 80 approximately 1-1/2 miles west of Buckingham Road. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this proposed single-family 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.
(#20040869-Utilities) |
||
|
ACTION
REQUESTED: Approve final acceptance, by Resolution, and
recording of one Utility Easement as a donation for a water main relocation
serving Coca Cola Warehouse Addition.
This is considered a developer contributed asset project located on
the north side of Alico Road approximately 1 mile east of I-75. WHY ACTION
IS NECESSARY: To provide fire protection to the recently
constructed warehouse addition. WHAT ACTION
ACCOMPLISHES: Places the relocated water main into operation and
complies with the Lee County Utilities Operations Manual. (#20040870-Utilities) |
||
|
ACTION REQUESTED: Approve construction of a water and gravity main
extension serving Lakes Regional
Library. This is a Lee County
Department of Construction and Design contributed asset and the project is located
on the northwest corner of Gladiolus Drive and Bass Road. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this proposed library. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual.
(#20040871-Utilities) |
||
|
ACTION REQUESTED: Approve construction of a water main and force
main extension, serving Middle School
JJ. This is a Lee County School
Board contributed asset and the project is located on the west side of Bass
Road south of Summerlin Road. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this proposed middle school. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual. (#20040872-Utilities) |
||
|
ACTION
REQUESTED: Approve construction of a water and sewage force
main extension, serving Plantation High
School FFF. This is a Lee
County School Board contributed asset and the project is located on the west
side of Plantation Road approximately 2,700 ft south of Daniels Parkway. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this proposed high school. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual.
(#20040873-Utilities) |
||
11. |
PARKS AND RECREATION |
||
|
ACTION
REQUESTED: Approve the award of the following projects to
Wesco Turf Supply: IX040525, the purchase of one (1) Toro Ground Master
3500-D mower and purchase one (1) Toro Workman 1100 in the Florida State
contract amount of $29,508.50. Also
approve the award of IT040526 for three (3) Toro Sand Pro 3020 and one (1)
Toro Top Dresser 2500 at the competitively quoted price of $40,386.57. Grand total: $69,895.07. Approval is also requested to expend a not
to exceed amount of $10,000. for any additional Toro equipment needed by
Parks for the rest of this fiscal year. WHY ACTION
IS NECESSARY: Board approval is required for purchases exceeding
$50,000. WHAT ACTION
ACCOMPLISHES: This purchase will provide the Parks with new
equipment to maintain their ball fields.
A savings to tax payers via the informal quote: $5,339.43. (#20040826-Parks and Recreation) |
||
|
ACTION
REQUESTED: Approve resolution proclaiming July as National
Parks and Recreation month. Approval
to waive parking fees the weekend of July 30th & 31st 2004 at
the regional parks and boat ramps as well as free admission to county pools. WHY ACTION
IS NECESSARY: To obtain Board approval to waive parking fees for
Lee County Parks and Recreation the weekend of July 30th & 31st, 2004 at
the regional parks and boat ramps.
Also, there will be free admission at the county pools. WHAT ACTION
ACCOMPLISHES: Approves resolution recognizing July as Parks and
Recreation month and required approvals to waive fees at certain county
facilities. (#20040887-Parks and
Recreation) |
||
12. |
COUNTY ATTORNEY |
||
|
ACTION
REQUESTED: Approve Resolution of Necessity for the
acquisition and condemnation of Parcels 304, 306, 310A, 310B, 313, 314, 500,
501, 502, 503, 534, and 535 for the Imperial Street Widening, Project 4060. WHY ACTION
IS NECESSARY: The Board must approve all real estate conveyances
to Lee County. WHAT ACTION
ACCOMPLISHES: The Resolution of Necessity allows the County to
proceed with condemnation, if necessary, so parcels can be obtained for the
Imperial Street Widening Project.
(#20040827-County Attorney) |
||
|
ACTION REQUESTED: Approve additional $100,000.00 for purchase order
of Foley & Lardner, LLP for legal representation before the Surface
Transportation Board, Washington D.C. WHY ACTION IS NECESSARY: To cover additional costs expected in the adverse
abandonment proceeding against Seminole Gulf Railroad for the Alico Road
Project. WHAT ACTION ACCOMPLISHES: Provides additional funds expected to be needed
for representation of this case. (#20040866-County Attorney) |
||
|
ACTION REQUESTED: Approve and authorize execution and recording of
an Agreement between Silverlakes - Gateway Homeowners Association, Inc.,
(“Association”), the Lee County Sheriff (Sheriff) and Lee County (County) for
the County’s exercising of County jurisdiction over certain roads within
Silverlakes - Gateway Homeowners Association, Inc. 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.
(#20040885-County Attorney) |
||
|
ACTION REQUESTED: Authorize John E. Albion, as Chairman of the Board
of County Commissioners, to sign a Consent to Appointment of Successor
Trustee and a Waiver of Priority, Consent to Appointment of Personal
Representative, and Waiver of Notice and Bond in the Estate of Betsy Ek
Dornseif, deceased. WHY ACTION IS NECESSARY: To authorize Chairman to sign on behalf of the
Board of County Commissioners. WHAT ACTION ACCOMPLISHES: Allows for appointment of a successor trustee to
administer the terms of a trust agreement in which Lee County Library will ultimately
receive 50% of the residuary trust estate assets for the purchase of books in
the name of Robert A. Dornseif.
(#20040903-County Attorney) |
||
13. |
HEARING EXAMINER |
||
14. |
PORT AUTHORITY |
||
15. |
CONSTITUTIONAL OFFICERS |
||
|
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).
(#20040835-Clerk of Courts) |
||
|
ACTION REQUESTED: Present financial report
for information purposes. WHY ACTION IS NECESSARY: To provide interim reporting on selected funds and revenues of the Lee County Board of County Commissioners. Included in the report in compliance with Chapter 218.415 Florida Statutes, Local Government Investment Policies is the stated and fair market value of the investments managed by the Clerk’s Office. Additionally, In pursuant to Lee County Ordinance 02-28 activity for the Driver’s Education Safety Trust Funds. WHAT ACTION ACCOMPLISHES: The purpose of this report is to convey to you the
financial status of selected significant funds of the Lee County Board of
County Commissioners and the status of specific revenues as of the stated
dates and the market value of the investments managed by the Clerk’s Office
on behalf of the Board.
(#20040836-Clerk of Courts) |
||
|
ACTION REQUESTED: Approve payment of delinquent tax overbid
claim-Estate of Bromley. 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. (#20040864-Clerk
of Courts) |
||
|
ACTION REQUESTED: Approve payment of delinquent tax overbid
claim-Hill. 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. (#20040865-Clerk
of Courts) |
||
|
ACTION REQUESTED: Approve issuance of purchase order in the amount of $230,000.00 to the Lee County Property Appraiser for postage and expenses of the “Notice of Proposed Property Taxes mailing and approve necessary funds transfer from reserves. WHY ACTION IS NECESSARY: Pursuant to FS 200.069, the funding is required for printing and mailing of the “Notices of Proposed Property Taxes.” WHAT ACTION ACCOMPLISHES: Provides the funding for mailing of “Notices of
Proposed Property Taxes.” (#20040880-Property Appraiser) |
||
|
ACTION REQUESTED: Approve payment of delinquent tax overbid
claim-Eastis. 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. (#20040882-Clerk
of Courts) |
||
July
27, 2004
1. |
COUNTY ADMINISTRATION |
||
|
ACTION
REQUESTED: Approve second amendment to the Interlocal
Agreement between Lee County and the City of Fort Myers for the granting of
funds for Edison Home Renovations.
Authorize the Chairman’s signature on the amended Interlocal
Agreement. Approve budget amendment
resolution and transfer in the amount of $500,000 each, and amend the CIP
accordingly. Transfer is from TDC
Debt Fund Reserves. WHY ACTION
IS NECESSARY: The Board of County Commissioners’ approval is
required to amend the agreement with the City of Fort Myers for the granting
of funds for the Edison Home Renovations.
Board approval is required on budget amendment resolutions and transfers. WHAT ACTION
ACCOMPLISHES: Finalizes the amended Interlocal Agreement with
the City of Fort Myers and allocates funds accordingly. (#20040881-VCB) |
||
2. |
CONSTRUCTION AND DESIGN |
||
3. |
COUNTY COMMISSIONERS |
||
4. |
COMMUNITY DEVELOPMENT |
||
|
ACTION
REQUESTED: Approve Bid Waiver # W-040548 to waive the formal quotation procedure and allow Community Development to upgrade and enhance the Selectron Interactive Voice Response System from Selectron Technologies, Inc. A bid waiver has been requested because Selectron Technologies is the sole source provider of Selectron software and the accompanying hardware and support. It is also requested that the term of this waiver be for the life of the system (estimated at 5-10 years) and be for a not-to-exceed amount of $325,000 over this time period. (This expense is 100% fee supported.) The requested amount of $325,000 includes: 1) $111,920 for current upgrade and module enhancements; 2) yearly proprietary software support of approximately $14,692 for 10 years; 3) incidental hardware and future system modifications. (This waiver would supersede Waiver # W-990160 – please see below.) WHY ACTION
IS NECESSARY: Purchases exceeding $50,000 require Board
approval. WHAT ACTION
ACCOMPLISHES: Allows the system to handle the additional calls
prompted by record-setting building growth; and provides enhanced customer
services for the voice activated Inspections system. This is the first substantial upgrade in 5
years. (#20040876-Community
Development) |
||
5. |
HUMAN SERVICES |
||
6. |
INDEPENDENT |
||
7. |
PUBLIC SAFETY |
||
8. |
SOLID WASTE-NATURAL
RESOURCES |
||
9. |
TRANSPORTATION |
||
|
ACTION
REQUESTED: Authorize staff to schedule and advertise a Public
Hearing on proposed revised toll structure for the Sanibel Bridges and
Causeway for August 10, 2004 at 5:00 p.m. in Chambers. WHY ACTION
IS NECESSARY: Revisions to the Lee County Toll Structure require
an advertise of public hearing. WHAT ACTION
ACCOMPLISHES: Allows County staff to proceed with advertising and scheduling a Public Hearing and places the item on the August 10, 2004 agenda for a public hearing to be conducted at 5:00 p.m. or as soon thereafter as it may be heard. (#20040900-Transportation) |
||
10. |
UTILITIES |
||
11. |
PARKS AND RECREATION |
||
12. |
COUNTY ATTORNEY |
||
|
ACTION REQUESTED: Approve amendment to the Interlocal Agreement
between Lee County and the City of Bonita Springs for the purpose of the City
operating and maintaining the small boat access across Hickory Boulevard. WHY ACTION IS NECESSARY: Interlocal Agreements must be approved by the
Board of County Commissioners. WHAT ACTION ACCOMPLISHES: Allows the City of Bonita Springs to maintain and
improve Lee County’s jurisdictional property at no additional cost to the
County. (#20040368-County Attorney) |
||
|
ACTION REQUESTED: Approve the Disclosure and Waiver of Conflicts of
Interest document from the law firm of Lewis, Longman & Walker, P.A. A conflict of interest could potentially
arise out of the representation by Lewis, Longman & Walker, P.A. of the
Lee County Tourist Development Council. WHY ACTION IS NECESSARY: Board of County Commissioners’ approval is
required to waive any conflict of interest. WHAT ACTION ACCOMPLISHES: Allows John J. Fumero, Esq., of Lewis, Longman
& Walker, P.A. to represent the Lee County Tourist Development Council in
connection with acting as Lee County’s advocate before the South Florida
Water Management District.
(#20040851-County Attorney) |
||
|
ACTION REQUESTED: Approve settlement in Lee County v. Cronin, et
al., Case No. 02-12214CA. WHY ACTION IS NECESSARY: Board approval is necessary to settle claims. WHAT ACTION ACCOMPLISHES: Settle all claims except appraisal fees. (#20040854-County Attorney) |
||
|
ACTION REQUESTED: Consider approval of the mediated settlement in
the case of Severn Trent - Avatar Utility Services, LLC v.
Lee County, Case No. 01-11758-CA-WCM, as reached between the
Parties’ representatives on June 24, 2004.
Approve transfer from Lee County Utilities reserves of $2,291,767. WHY ACTION IS NECESSARY: Settlements of lawsuits involving the County must
be approved by the Board of County Commissioners at a regularly scheduled
Board of County Commissioners’ meeting. WHAT ACTION ACCOMPLISHES: Resolves all remaining contract issues between the
Parties. NO AD-VALOREM TAX DOLLARS
ARE INVOLVED IN THE SETTLEMENT.
(#20040868-County Attorney) |
||
|
ACTION REQUESTED: Adopt a resolution amending the Habitat DRI
Development Order and DRI Map H. WHY ACTION IS NECESSARY: Florida Statutes requires Board approval of
amendments to developments of regional impact. WHAT ACTION ACCOMPLISHES: Amends the DRI Development Order and Master
Development Plan (Map H) for the Habitat DRI to an expedited process in
accordance with Florida Statutes and the Lee County Land Development
Code. (#20040879-County Attorney) |
||
|
ACTION REQUESTED: Accept the settlement offer of $8,102.10 from
United Services Automobile Association (“USAA”) and the Estate of Richard
G. Kilfoyle for damages to Lee County property caused by Richard G.
Kilfoyle in a vehicle accident on April 3, 2002, in the amount of
$10,322.82. Authorize Chairman to
execute Property Damage Release and Satisfaction and Release of
Claim. WHY ACTION IS NECESSARY: Board of County Commissioners’ approval is
required for settlement offers and execution of releases to complete the
transaction with USAA and the Estate of Richard G. Kilfoyle for their
payment of $8,102.10. WHAT ACTION ACCOMPLISHES: Releases the Estate of Richard G. Kilfoyle
and USAA from any further liability arising out of the traffic accident on April
3, 2002. The $8,102.10 payment to
County for damages to Lee County property, invoice 1525, represents a 78%
recovery of the damages for Lee County. (#20040892-County Attorney) |
||
13. |
HEARING EXAMINER |
||
14. |
PORT AUTHORITY |
||
15. |
CONSTITUTIONAL OFFICERS |
||
July 27, 2004
5:00
PM |
||
Public Hearing
|
||
|
ACTION REQUESTED: Conduct a Public Hearing
to adopt 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 authorize the Chairman to accept a replacement
public utility and drainage easement
(Case No. VAC2003-00065). 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: Vacates the Right-of-Way. (S10-T46S-R24E) (#3)
(#20040815-Development Services) |
|
Public Hearing
|
|
|
|
ACTION
REQUESTED: Conduct a Public Hearing to adopt a Resolution to
Vacate an 8-foot wide strip of a 15-foot Drainage and Public Utility Easement
at 5575 Sunrise Dr., Fort Myers, Florida 33919, located off of McGregor
Boulevard (State Road 867), (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: Vacates the Drainage and Public Utility
Easement. (S2&3-T45S-R24E) (#2)
(#20040842-Development Services) |
|
Public Hearing
|
|
|
|
ACTION
REQUESTED: Conduct a Public Hearing to adopt a Resolution to
Vacate a 20-foot wide Lake Maintenance Easement at 16111 Bentwood Palms
Drive, Fort Myers, Florida 33908, located off of McGregor Boulevard, north of
Summerlin Road (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: Vacates the Lake Maintenance Easement. (S1-T46S-R23E) (#3)
(#20040841-Development Services) |
|
Public Hearing
|
|
|
|
ACTION REQUESTED: Conduct a Public Hearing to adopt a Resolution to
Vacate a 12-foot wide Drainage and Public Utility Easement located at located
at 2821 5th Street W., Lehigh Acres, Florida 33971 (Case No. VAC2004-00021) WHY ACTION
IS NECESSARY: To build a commercial building on the combined
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: Vacates the Drainage and Public Utility
Easement. (S25-T44S-R26E) (#5)
(#20040875-Development Services) |
|
Public Hearing
|
|
|
|
ACTION REQUESTED: Approve Resolutions to Assess: Cherry Blueberry
Improvement Unit of $63.80 per lot; Country
Estates, Unit 3, Streetlighting Unit for an assessment of $36.47 per lot; Country Lakes Streetlighting for an
assessment of $48.76 per lot; Golden Lake
Heights Streetlighting Unit for an assessment of $15.46 per lot; Pine Lake Streetlighting Unit for an
assessment of $86.27 per lot; Sheltering
Pine Mobile Home Village Special Improvement Unit for an assessment of $27.41 per lot; Dewberry Lane Special Improvement Unit
for an assessment of $125.53 per lot; Anchorage Intracoastal Canal Dredging
for an assessment of $2,075.65 per lot; University Overlay Landscaping O
& M for an assessment for $5.06 per front foot WHY ACTION IS NECESSARY: Requires Board Approval WHAT ACTION ACCOMPLISHES: Provides the funding for FY 2004-2005 (#20040760-MSTBU Services) |
|
Public
Hearing |
|
|
|
ACTION REQUESTED: Conduct a public hearing to adopt a Resolution to
create the North Captiva Beach Renourishment MSBU and a Resolution of Intent
to Reimburse for associated expenditures. WHY ACTION IS NECESSARY: Public hearing is a legal requirement in the
consideration of the creation of a Municipal Service Benefit Unit. WHAT ACTION ACCOMPLISHES: Provides an opportunity for public input. Satisfies the legal requirements of the Florida Statutes to proceed with the creation of an MSBU for the purpose of road paving. (#20040837-MSTBU Services) |
|
5:05 PM |
Public Presentation of Matters by Citizens |
|
|
Adjourn |
|