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District #1 Bob
Janes |
District #2 Douglas St. Cerny Vice Chairman |
District #3 Ray Judah
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District #4 Andrew W. Coy |
District #5 John E. Albion Chairman |
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Donald D. Stilwell, County
Manager |
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Robert W. Gray, Deputy
County Attorney |
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August 3, 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
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9:30 AM |
Invocation: |
Pastor Russell Howard |
McGregor Baptist Church |
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Pledge of Allegiance |
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Presentations: |
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(Commissioner Albion-#20040944) |
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(Commissioner Judah-#20040945) |
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(Commissioner Coy-#20040946) |
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(Commissioner Albion-#20040947) |
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(Commissioner Albion-#20040948) |
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(Commissioner Coy-#20040949) |
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Recap |
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Public Comment on the Consent and Administrative
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Items to be pulled for discussion by the Board |
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Motion to approve balance of items |
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Consideration of items pulled for discussion |
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Walk-ons and Carry-overs |
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Commissioners' Items/Committee Appointments |
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County Manager Items |
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County Attorney Items |
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Adjourn |
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August 3, 2004
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1. |
COUNTY ADMINISTRATION |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION
REQUESTED: Approve the Addendum to the Construction Manager Agreement under RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as West Employee Parking Lot to Disabled Parking to Casey Construction, for the Guaranteed Maximum Price (GMP) of $119,498.94 (includes $10,863.54 CM fee). Also request that the Board approve waiving of the formal process (if needed) and authorize the use of the Director Material Purchase Order 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. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Provides the County with a Construction Manager
for the permanent conversion of the entire row of parking spaces along Martin
Luther King Blvd in the West Employee Parking Lot to disabled parking. (#20040917-Construction and Design) |
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ACTION REQUESTED: Award the Construction Management Agreement under
RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT
FOR CONSTRUCTION MANAGEMENT, for the project known as Lee County Justice
Center Annex, 6th Floor Remodeling to Target Builders Inc., with a
Guaranteed Maximum Price of $996,646.00 (includes CM fee of $65,848.00 or
6.6%). At this time it is being requested that the
Board approve waiving of the 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. WHY ACTION IS
NECESSARY: Board
approval is required. WHAT ACTION
ACCOMPLISHES: Provides
the County with a Construction Manager to provide any and all services needed
for the Lee County Justice Center Annex, 6th Floor Remodeling. (#20040918-Construction and Design) |
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ACTION
REQUESTED: Approve Change Order No. 11 to Barany Schmitt Summers Weaver & Partners Inc. for CN-01-03 Justice Center Expansion, Contract No. 1785, for the New Courtroom Building Phase I Build Out in the amount of $581,295.00. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: The Consultant will provide, under Change Order No.
11, new courtroom building Phase I build out for the Lee County Justice
Center Expansion.
(#20040920-Construction and Design) |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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ACTION
REQUESTED: Accept a Petition to Vacate a 12-foot wide Drainage and Public Utility Easement located at 1201 Glenn 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. VAC2004-00012) WHY ACTION
IS NECESSARY: To build a single-family residence 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: Sets the time and date of the Public Hearing. (S15-T44S-R27E) (#5)
(#20040877-Development Services) |
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ACTION
REQUESTED: Accept a Petition to Vacate an easement for public access,
construction, operation and maintenance of sidewalks, drainage and public
utilities at
6881 Martin’s Way and 6887 Highland Park Circle, Fort Myers, Florida 33912,
located off of Plantation Road, and adopt a resolution, setting a Public
Hearing for 5:00 PM on the 24th day of August 2004. (Case No. VAC2004-00017) WHY ACTION
IS NECESSARY: To construct additions to each of the two existing
homes. The vacation of this easement will not alter existing sidewalks,
drainage and utility conditions and the easement is not necessary to
accommodate any future sidewalks, drainage and utility requirements. WHAT ACTION
ACCOMPLISHES: Sets the time and date of the Public Hearing. (S18-T45S-R25E) (#2)
(#20040890-Development Services) |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Authorize (1) approval of Purchase Agreement for
acquisition of Parcel 106, Three Oaks Parkway South, Project 4069, in the
amount of $3,000.00; 2) Chairman, on
behalf of the Board, to sign the Purchase Agreement; (3) payment of costs to close;
and (4) the Division of County Lands to handle and accept 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 the project
without resorting to Eminent Domain proceedings. (#20040789-County Lands) |
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ACTION
REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $106,100 for Parcel 132,
Veronica S. Shoemaker Blvd. (formerly Palmetto Avenue) Extension, Project No.
4073, pursuant to the Purchase Agreement; authorize 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. (#20040830-County Lands) |
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ACTION
REQUESTED: Approve the Interlocal Agreement between Lee County and the City of Cape Coral for the design, construction and maintenance of the new access ramp from Everest Parkway to Veteran’s Memorial Parkway and the County’s acceptance of the existing ramp connecting same; approve the acceptance of land necessary for the ramp’s construction from the City of Cape Coral; approve the conveyance of County owned land adjacent to Veteran’s Memorial Parkway to the City of Cape Coral, by way of a stormwater retention easement, if necessary for a proposed fire station; and authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction. WHY ACTION
IS NECESSARY: The Board must accept all real estate conveyances
to Lee County. WHAT ACTION
ACCOMPLISHES: The conveyance of land for the right to construct
the ramp to connect Everest Parkway to Veteran’s Memorial Parkway. (#20040884-County Lands) |
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ACTION
REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $53,800 for Parcels 125-129,
Veronica S. Shoemaker Blvd. (formerly Palmetto Avenue) Extension, Project No.
4073, pursuant to the Purchase Agreement; authorize 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. (#20040894-County Lands) |
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ACTION
REQUESTED: Execute Public Library Construction Grant
agreement to Florida Department of State, Division of Library and Information
Services, for Northwest Regional Library in the amount of $500,000. Approve budget amendment resolution in the
same amount. WHY ACTION
IS NECESSARY: Chairman of the Lee County BOCC must sign the
grant agreement and budget amendment resolution. WHAT ACTION
ACCOMPLISHES: Allows Lee County Library System to accept the
$500,000 grant for construction of the NW Regional Library. (#20040904-Library) |
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ACTION REQUESTED: Approve award of Formal Quotation Q-040431, the
purchase of gasoline and diesel fuel for Lee Tran to the low quoter meeting
specifications, Petroleum Traders Corporation at the prices listed on the
attached tabulation sheet. The term
of this quote is for one year. Also
request authority to renew for four additional one year periods, if in the
best interest of Lee County.
Estimated annual expenditures $1.2 million. WHY ACTION
IS NECESSARY: Purchases over $50,000 must be approved by the
Board. WHAT ACTION
ACCOMPLISHES: This award will allow Lee Tran to continue
purchasing gasoline and diesel fuel for use in buses. Estimated annual savings to taxpayers:
$32,000. (#20040915-Transit) |
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ACTION
REQUESTED: Accept the donation of a perpetual stormwater
drainage easement from a portion of Parcel STRAP 04-46-25-00-00001.0080, (a
strip of land north of Alico Road) in Fort Myers, for the Alico Road Widening
Project No. 4030; authorize payment of necessary fees to close and the
Division of County Lands to handle and accept all documentation necessary to
complete the transaction. WHY ACTION
IS NECESSARY: The Board must accept all real estate conveyances
to Lee County. WHAT ACTION
ACCOMPLISHES: The Board avoids Eminent Domain. (#20040921-County Lands) |
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ACTION
REQUESTED: Accept the donation of a perpetual stormwater
drainage easement from a portion of Parcel STRAP 04-46-25-00-00001.0090, (a
strip of land north of Alico Road) in Fort Myers, for the Alico Road Widening
Project No. 4030; authorize payment of necessary fees to close and the
Division of County Lands to handle and accept all documentation necessary to
complete the transaction. WHY ACTION
IS NECESSARY: The Board must accept all real estate conveyances
to Lee County. WHAT ACTION
ACCOMPLISHES: The Board avoids Eminent Domain. (#20040922-County Lands) |
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ACTION
REQUESTED: Authorize transfer of $80,050 to the South Florida
Water Management District providing a 50% matching fund for two appraisals of
the 91,361 ± acre
Babcock Ranch Property. WHY ACTION
IS NECESSARY: Board approval is required for the dollar amount
requested. WHAT ACTION
ACCOMPLISHES: Provides the necessary funding cost share to
obtain two appraisals to be used in the negotiation process to acquire the
Babcock Ranch for preservation.
(#20040924-County Lands) |
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ACTION
REQUESTED: Approve Purchase Agreement for acquisition of
Parcel 255, Three Oaks Parkway South Extension Project No. 4043, in the
amount of $92,000.00; 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: The Board avoids Eminent Domain. (#20040925-County Lands) |
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7. |
PUBLIC SAFETY |
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ACTION
REQUESTED: Approve and execute an Agreement concerning the
Use of Real Estate or other Premises for Emergency Relief Efforts between Lee
County, and Goodwill Industries-Southwest Florida, for a period of one (1)
year. WHY ACTION
IS NECESSARY: Interlocal agreements require Board approval. WHAT ACTION
ACCOMPLISHES: Authorizes Lee County temporary use of property
located at Three Oaks Banquet and Catering, 20991 Three Oaks Parkway, in
Estero for emergency relief and recovery efforts. (#20040828-Emergency Management) |
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ACTION
REQUESTED: Authorize Chairman to execute an agreement with
the Department of Community Affairs for Homeland Security funding in the
amount $312,122.00. Approve budget
resolution in like amount. WHY ACTION
IS NECESSARY: Board approval is required for all agreements. WHAT ACTION
ACCOMPLISHES: Provides financial support to Lee County to
conduct homeland security related planning, training and exercise tasks, and
to complete certain Emergency Operations Center enhancements. (#20040829-Emergency Management) |
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ACTION
REQUESTED: Authorize the Chairman to execute an agreement with the Florida Department of Community Affairs. The agreement provides $10,776.00 in funding to support the maintenance of a federally mandated Hazardous Material Emergency Response Plan. Also, Approve Budget Amendment Resolution in the All-Hazard Fund for $10,776.00. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Allows the County to accept funding to support
maintenance of the Lee County Hazardous Material Emergency Response
Plan. (#20040858-Emergency
Management) |
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ACTION
REQUESTED: Approve and execute an Agreement concerning the
Use of Real Estate or other Premises for Emergency Relief Efforts between Lee
County, and Lee Memorial Health System for a period of five (5) years. WHY ACTION
IS NECESSARY: Interlocal agreements require Board approval. WHAT ACTION
ACCOMPLISHES: Authorizes Lee County temporary use of property located
at 2776 Cleveland Avenue, Fort Myers for emergency relief and recovery
efforts. (#20040926-Emergency
Management) |
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ACTION
REQUESTED: Approve an Interlocal Agreement between Lee County
and North Fort Myers Fire Control and Rescue Service District to
Adopt-A-Shelter for Emergency Relief Efforts for a period of five (5) years. WHY ACTION
IS NECESSARY: Interlocal Agreements must be approved by the
Board of County Commissioners WHAT ACTION
ACCOMPLISHES: Creates a partnership with North Fort Myers Fire
Control and Rescue Service District to provide staff to operate North Fort
Myers Academy of the Arts located at 1856 Arts Way, North Fort Myers for
emergency relief and recovery efforts.
(#20040930-Emergency Management) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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9. |
TRANSPORTATION |
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10. |
UTILITIES |
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ACTION REQUESTED: Approve for acceptance and filing with the Clerks
Office, Minutes Department, and an after-the-fact emergency under E-03-08,
GES Resolution No. 03-07-08 for Supplemental Task Authorization (STA) No. 2
to Malcolm Pirnie, Inc., for CN-01-11 Miscellaneous Utility Engineering
Design and/or Inspection Services (Contract No. 1865) to complete final
design, permitting, bidding assistance and construction phase engineering
services for: Olga Water Treatment
Plant Improvements, in the total not-to-exceed amount of $260,166.00. WHY ACTION IS NECESSARY: Board approval is required. WHAT ACTION ACCOMPLISHES: Provides after-the-fact approval under the
emergency GES Resolution for STA No. 2 to furnish a Consultant to prepare
final design, permitting, etc. to complete the Olga Water Treatment Plant
Improvements. (#20040450-Utilities) |
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ACTION REQUESTED: Approval partial payment to the City of Fort Myers
for FY03-04 wastewater treatment costs at the estimated rate of $2.24 per
thousand gallons; total FY03-04 cost will be $4,779,969.38, based on an
estimate provided by the City of 2,141,456,241gallons. WHY ACTION IS NECESSARY: To partially pay wastewater treatment costs for FY03-04
based on the City of Fort Myers’ flow estimates. The rate for wastewater treatment is an estimated flow based on
the City’s calculations, until actual costs are available at the end of the
fiscal year. The Interlocal
Wastewater Treatment Agreement dated 11-06-83, and as amended, between the
City of Fort Myers and Lee County requires a rate be set on the City’s
budgeted wastewater treatment costs. WHAT ACTION ACCOMPLISHES: Sets rate for FY03-04 wastewater treatment costs
and authorizes Lee County Utilities to pay this rate to the City of Fort
Myers based on their adopted budget until actual costs are available at the
end of the fiscal year.
(#20040467-Utilities) |
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ACTION REQUESTED: Approve final acceptance, by Resolution, as a
donation of a water distribution system and one (1) 4” diameter fire line
serving Heritage Pointe – Phases 2A, 7 & 8. This is a Developer contributed asset
project located along Pine Ridge Road, approximately 2,000’ North of
Summerlin Road. 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. (#20040874-Utilities) |
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ACTION REQUESTED: Approve for acceptance and filing with the Clerks
Office, Minutes Department, an after-the-fact emergency under E-03-08, GES
Resolution No. 03-07-08 for Contract Number 2816, Waterway Estates Wastewater
Treatment Plant to USFilter Daveco Products in the total not-to-exceed amount
of $323,972.00. Also approve Transfer of Funds from Reserve for Contingencies
GC5890148713.509910 in the amount of $376,000.00 to cover this contract and
other related materials needed. WHY ACTION IS NECESSARY: Board approval required. WHAT ACTION ACCOMPLISHES: Provides after-the-fact approval under the
emergency GES Resolution to furnish labor, supervision, expandable materials,
equipment and new materials to perform rehabilitation work to the Waterway
Estates Wastewater Treatment Plant.
(#20040927-Utilities) |
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ACTION
REQUESTED: Approve for acceptance and filing with the Clerks
Office, Minutes Department, an after-the-fact emergency under E-03-08, GES
Resolution No. 03-07-08 for Contract Number 2812, relocation of existing dual
path WWTP from Bonita Springs, FL to Pine Island, FL, to USFilter Daveco
Products in the total not-to-exceed amount of $402,780.66. Also approve
Transfer of Funds from Reserve for Contingencies GC5890148713.509910 in the
amount of $405,000.00. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Provides after-the-fact
approval under the emergency GES Resolution No. 03-07-08 for relocation of
the existing dual path WWTP from Bonita Springs, FL to Pine Island, FL. (#20040928-Utilities) |
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11. |
PARKS AND RECREATION |
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ACTION REQUESTED: Approve license for use of Orange River property
at 13800 Cemetery Rd., Buckingham, FL by the East County Water Control
District to conduct water flow and level recordings on the Orange River to
determine impact. WHY ACTION IS NECESSARY: Board approval is needed to allow the East County
Water Control District to access the property and set up monitoring equipment
in location agreed to by Lee County Parks and Rec. WHAT ACTION ACCOMPLISHES: Acceptance of license terms provides guidelines
and responsibilities for use of the site by the East County Water Control
District. (#20040911-Parks and
Recreation) |
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ACTION
REQUESTED: Approve an annual agreement between Lee County and
the Florida Dept. of Corrections Fort Myers Work Camp for removal of invasive
plant species from conservation lands in Lee, Collier and Charlotte counties. WHY ACTION
IS NECESSARY: To meet the Department of Corrections (DOC) contractual requirements for providing work crews for invasive species control. WHAT ACTION
ACCOMPLISHES: Approves an agreement to allow DOC labor crews to
work in invasive species control projects.
(#20040912-Parks and Recreation) |
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ACTION
REQUESTED: Approve the Florida Department of Environmental
Protection Florida Recreation Development Assistance Program (FRDAP) Project
Agreement in the amount of $200,000 for improvements to Schandler Hall
Community Park. Approve budget
amendment resolution in the amount of $200,000 and amend the CIP FY 03/04 -
FY 07/08 accordingly. WHY ACTION
IS NECESSARY: Approval of the Grant Award agreement and budget
amendment resolution is necessary to receive grant funds. WHAT ACTION
ACCOMPLISHES: Allows grant funds to be used for project
development at Schandler Hall Community Park. (#20040938-Parks and Recreation) |
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12. |
COUNTY ATTORNEY |
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ACTION REQUESTED: Consider, approve and authorize the Chairman on
behalf of the Board, to execute a First Amendment to Lease Agreement with the
Lee County Fisherman’s Cooperative for the rental, use and occupancy of
certain space and facilities at the Fisherman’s Cooperative, 6001 Maria
Drive, St. James City, adding a new Figure 1. to Exhibit A (diagram for
leased premises). WHY ACTION IS NECESSARY: Provides a First Amendment to the Lease Agreement
for the relocation of the storage space for the project, the County’s use and
a new Figure 1. to Exhibit A (diagram). WHAT ACTION ACCOMPLISHES: Provides for a revised diagram for the leased
premises (Figure 1. to Exhibit A) for occupancy at the Lee County Fisherman’s
Cooperative. (#20040733-County
Attorney) |
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13. |
HEARING EXAMINER |
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14. |
PORT AUTHORITY |
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15. |
CONSTITUTIONAL OFFICERS |
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ACTION REQUESTED: Approve disbursements. WHY ACTION IS NECESSARY: Florida Statute Chapter 136.06(1) requires that all County disbursements be recorded in the Minutes of the Board. WHAT ACTION ACCOMPLISHES: Compliance
with the requirements of FS 136.06(1).
(#20040952-Clerk of Courts) |
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ACTION REQUESTED: Approve payment of delinquent tax overbid
claim-Contreras. 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. (#20040953-Clerk of Courts) |
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ACTION REQUESTED: Approve payment of delinquent tax overbid claim-Cosby. WHY ACTION IS NECESSARY: Pursuant to Florida Statute 197. Lee County is holding overbid funds from delinquent tax sales. WHAT ACTION ACCOMPLISHES: The
Clerk has received a claim for these funds and requests that you release
them. (#2004954-Clerk of Courts) |
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ACTION REQUESTED: Approve payment of delinquent tax overbid
claim-Mercedes. 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. (#2004955-Clerk of Courts) |
August
3, 2004
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1. |
COUNTY ADMINISTRATION |
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2. |
CONSTRUCTION AND DESIGN |
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3. |
COUNTY COMMISSIONERS |
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ACTION REQUESTED: Approve a resolution dedicating and naming the
pedestrian courtyard area between the Justice Center and the SunTrust Bank
Building (Justice Center Annex) as the “James G. Yaeger Justice Center
Courtyard.” WHY ACTION IS NECESSARY: The dedication and naming of this courtyard will
honor the person who has dedicated 29 years of service and leadership to Lee
County. WHAT ACTION ACCOMPLISHES: Board approval officially recognizes the
dedication and naming of the future courtyard between the two Justice Center
buildings as the “James G. Yaeger Justice Center Courtyard.” (#20040806-County Commission) |
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4. |
COMMUNITY DEVELOPMENT |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION
REQUESTED: Waive formal procurement procedures and approve
and authorize the Chairman to sign a Memorandum of Understanding
("MOU") between Lee County and Covanta Energy, Inc, the current
operator of the County Waste to Energy facility, that outlines services,
costs, and responsibilities of the Parties for Engineering Oversight,
Construction Management and Start-Up of the Waste to Energy Third Unit Expansion
Project. WHY ACTION
IS NECESSARY: Purchases /contracts greater than $50,000 require
Board approval. WHAT ACTION
ACCOMPLISHES: Establishes an interim written understanding of
the roles, costs, and responsibilities for the County and Covanta Energy, Inc.
for the design and construction and of the Waste to Energy Expansion Project
(third unit). This MOU will be
replaced with a definitive agreement within the next year. (#20040814-Solid Waste) |
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9. |
TRANSPORTATION |
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10. |
UTILITIES |
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11. |
PARKS AND RECREATION |
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ACTION
REQUESTED: Request Board approve Amended and Restated Stadium
Lease Agreement with the Minnesota Twins Baseball Club. WHY ACTION
IS NECESSARY: All legal agreements must be approved by the BOCC. WHAT ACTION
ACCOMPLISHES: Provides for extension of term for sixteen (16)
years through 2020 with two five (5) year Renewable Terms (potentially
through 2030). (#20040932-Parks and
Recreation) |
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12. |
COUNTY ATTORNEY |
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13. |
HEARING EXAMINER |
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14. |
PORT AUTHORITY |
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15. |
CONSTITUTIONAL OFFICERS |
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