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:

 

 

·         

Breastfeeding Week Resolution

 

 

(Commissioner Judah-#20040832)

 

 

·         

BEAR Appreciation Resolution

 

 

(Commissioner Albion-#20040833)

 

 

·         

Presentation of Flag in Honor of 9-11 Victims

 

 

(County Commission-#20040834)

 

 

·         

Length of Service Awards

 

 

(Human Resources-#20040754)

 

 

 

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 until 5:00 PM

CONSENT AGENDA

July 27, 2004 

 

1.

COUNTY ADMINISTRATION

 

 

(a)

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

 

 

(a)

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)

 

 

(b)

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)

 

 

(c)

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)

 

 

(d)

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)

 

 

(e)

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

 

 

(a)

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)

 

 

(b)

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)

 

 

(c)

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)

 

 

(d)

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

 

 

(a)

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

 

 

(a)

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)

 

 

(b)

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)

 

 

(c)

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)

 

 

(d)

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)

 

 

(e)

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)

 

 

(f)

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

 

 

(a)

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)

 

 

(b)

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

 

 

(a)

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)

 

 

(b)

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)

 

 

(c)

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)

 

 

(d)

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

 

 

(a)

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)

 

 

(b)

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)

 

 

(c)

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

 

 

(a)

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)

 

 

(b)

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)

 

 

(c)

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)

 

 

(d)

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)

 

 

(e)

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)

 

 

(f)

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)

 

 

(g)

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)

 

 

(h)

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)

 

 

(i)

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)

 

 

(j)

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)

 

 

(k)

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)

 

 

(l)

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)

 

 

(m)

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)

 

 

(n)

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)

 

 

(o)

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)

 

 

(p)

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)

 

 

(q)

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)

 

 

(r)

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)

 

 

(s)

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)

 

 

(t)

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

 

 

(a)

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)

 

 

(b)

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

 

 

(a)

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)

 

 

(b)

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)

 

 

(c)

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)

 

 

(d)

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

 

 

(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).  (#20040835-Clerk of Courts)

 

 

(b)

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)

 

 

(c)

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)

 

 

(d)

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)

 

 

(e)

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)

 

 

(f)

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)

 


ADMINISTRATIVE AGENDA

July 27, 2004

 

1.

COUNTY ADMINISTRATION

 

 

(a)

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

 

 

(a)

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

 

 

(a)

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

 

 

(a)

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)

 

 

(b)

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)

 

 

(c)

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)

 

 

(d)

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)

 

 

(e)

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)

 

 

(f)

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

 

 PUBLIC AGENDA

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)

 

 

(#2)

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)

 

 

(#3)

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)

 

 

(#4)

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)

 

 

(#5)

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)

 

 

(#6)

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