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

 

 

August 10, 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 John Allison

Living Word Ministries

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

 

 

·         

Health Center Week Resolution

 

 

(Commissioner Janes-#20040992)

 

 

 

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

August 10, 2004 

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Authorize Administration to pursue preparation of documents for refunding of the Five Cent Local Option Gas Tax Revenue Bonds, Series 1995 for savings.

WHY ACTION IS NECESSARY:

BOCC approval is requested.

WHAT ACTION ACCOMPLISHES:

Allows the preparation of documents for the refunding of the Five Cent Local Option Gas Tax Revenue Bonds, Series 1995 to proceed.  (#20040975-Budget Services)

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

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, General PO to Target Builders Inc., with a Guaranteed Maximum Price of $985,076.00 (includes CM fee of $65,193.00 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 buck hoist, HVAC controls for the 6th floor, fire alarm for the 6th floor, temporary facilities/space, and selective exterior renovations for the Lee County Justice Center Annex.  (#20040919-Construction and Design)

 

 

(b)

ACTION REQUESTED:

Approve for acceptance and filing with the Minutes Department of the Clerk’s Office, an after-the-fact emergency under E-04-01, Repairs to Terry Park (Pigott Stadium) Seating Repair Resolution No.04-04-31 and authorize Addendum to the Construction Manager Agreement with Compass Construction, Inc. for seating repairs at Terry Park, Bleacher Replacement, Phase 1B for a Guaranteed Maximum Price (GMP) of $701,697.00 (includes the CM fee of $63,791.00).  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 after-the-fact approval under the emergency Terry Park Resolution with a Construction Manager for replacement of bleachers at Terry Park.  (#20040962-Construction and Design)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Accept a Petition to Vacate a 12-foot wide Public Utility Easement located at 400 and 402 Calvin Ave., Lehigh Acres, Florida 33936, and adopt a resolution, setting a Public Hearing for 5:00 PM on the 14th day of September 2004.  (Case No. VAC2004-00031)

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.  (S28-T44S-R27E)  (#5)  (#20040933-Development Services)

 

 

(b)

ACTION REQUESTED:

Accept a Petition to Vacate a 12-foot wide Public Utility Easement located at 1701 North Ave., Lehigh Acres, Florida 33972, and adopt a resolution, setting a Public Hearing for 5:00 PM on the 14th day of September 2004.  (Case No. VAC2004-00024)

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.  (S9-T44S-R27E)  (#5)  (#20040959-Development Services)

 

5.

HUMAN SERVICES

 

 

(a)

ACTION REQUESTED:

Approve and sign a contract agreement between Lee County Board of County Commissioners and Florida’s Department of Community Affairs for Lee County to receive $173,260 in Community Services Block Grant (CSBG) funds. This grant requires a 2% cash match ($3,465), which the Department has already budgeted in FY 04-05.

WHY ACTION IS NECESSARY:

A contract agreement is required in order to receive FY05 CSBG funds.

WHAT THE ACTION ACCOMPLISHES:

Provides $173,260 for case management, training and supportive and emergency services to facilitate economic self-sufficiency for eligible Lee County households.  (#20040967-Human Services)

 

 

(b)

ACTION REQUESTED:

(1) Approve submission to HUD of Lee County’s HUD FY 2004 Annual Action Plan, (2) authorize Chairman to sign HUD Annual Action Plan Letter of Submission and Certifications, (3) authorize Chairman to sign HUD CDBG, HOME, and ESG Entitlement agreements upon receipt from HUD, (4) authorize Chairman to sign associated forms including HUD CDBG, HOME, and ESG Subrecipient Agreements once prepared, and (5) authorize Chairman to sign HUD environmental assessments.

WHY ACTION IS NECESSARY:

HUD requires entitlement communities to complete an annual Action Plan in order to receive the entitlement funding for community planning, homeless service, neighborhood revitalization, and capital projects programs.

WHAT ACTION ACCOMPLISHES:

Allows Lee County to continue to receive HUD planning, homeless service, neighborhood revitalization, and capital projects funds.  (#20040973-Human Services)

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Award B-04-28 NE HURRICANE BAY DREDGE, for the Public Resources Division,( MSTBU Services), to the low bidder meeting all bidding requirements, Subaqueous Services, Inc., for a total not-to-exceed amount of $243,069.00 with a project completion time of 75 calendar days.  Also accept unit prices of $20.00 for dredge quantities 12,000 cubic yards or greater over estimate and $20.00 for dredge quantities 8,000 cubic yards or less than estimate, if needed.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides the County with a Contractor who will furnish all labor, equipment, supplies, materials, transportation, fuel, power and water, and performing all operations in connection with excavating, transporting, and placing approximately 10,000 cubic years of sand, silt and shell from Northeast Hurricane Bay Channel to the disposal site at 17625 Pine Ridge Road and providing environmental protection measures to meet the requirements of the technical specifications and permits.  (#20040960-MSTBU Services)

 

 

(b)

ACTION REQUESTED:

Adopt revisions to Vacation Leave Policy 402 of the Lee County Policies and Procedures Manual.  Adoption of the resolution to amend Administrative Code 6-1.

WHY ACTION IS NECESSARY:

Employees are permitted to carry forward six normally scheduled workweeks of accrued vacation each calendar year; any hours in excess of this amount are forfeited.  Currently, excess hours must be used by the last day of the last full pay period in the calendar year; the proposal is to change this to the last day of the first pay period in the calendar year.  Current policy often forced the excess hours to be used prior to the end of the holiday season.

WHAT ACTION ACCOMPLISHES:

Employees have requested this change, as vacations are often taken around the holiday season.  This change will update a policy that did not meet the needs of the organization.  There is no additional cost to the County in making this change.  (#20040964-Human Resources)

 

 

(c)

ACTION REQUESTED:

Approves changes to Benefit Plans for calendar year 2005: (1) Give $50 per month to any employee who has other insurance and will opt out of our health insurance.  (2) Drop coverage for Bariatric Bypass surgery effective 12/31/04.  (3) Allow 60 days to report “life event” changes to our Benefits Unit.  (4) Coverage will end on the last day of the month in which the employee or dependents terminate.  (5) Flexible Spending Account (Medical) limit is raised from $3,000 to $5,000.  (6) Retiree life insurance is raised to $5,000 for all ages at a charge of $1.00 per thousand.  Employee life insurance is not reduced because of any age factor.

WHY ACTION IS NECESSARY:

Board Must approve any changes in benefits

WHAT ACTION ACCOMPLISHES:

Yearly review of benefits plan has highlighted the need for several minor changes.  (#20040969-Human Resources)

 

 

(d)

ACTION REQUESTED:

Approve Senior AIDES Project/Host Agency Agreement with the Dr. Ella Piper Center to provide temporary employees to Lee County for the purpose of career orientation and training for eligible Seniors.

WHY ACTION IS NECESSARY:

Although the staff provided to us would be employees of the Dr. Ella Piper Center, the Host Agency (Lee County) would be a responsible party under our Equal Opportunity Employment laws.

WHAT ACTION ACCOMPLISHES:

Allows the County to participate in and benefit from the Senior AIDES program.  (#20040972-Human Resources)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Approve listing of 15 Mandatory Garbage Hardship Payment Deferral requests for Fiscal Year 04/05, October 1, 2004 through September 30, 2005.  Approved listing will be submitted to the Property Appraiser for proper notation on the solid waste roll, and the Solid Waste Division will record a lien against the applicant’s property.

WHY ACTION IS NECESSARY:

Authorize applicants for Hardship Payment Deferral Program in accordance with Mandatory Garbage Ordinance 86-14 and amending Ordinance 95-19, Section 6.7a

WHAT ACTION ACCOMPLISHES:

Defers payment, and provides for the recording of liens under the Mandatory Garbage Hardship Deferral Program.  (#20040937-Solid Waste)

 

 

(b)

ACTION REQUESTED:

Authorize the Solid Waste Division to delete certain small value delinquent solid waste assessments deemed to be not collectable.  The 163 proposed delinquent accounts to be removed each have an assessment principle balance of less than $60.00 with an average outstanding assessment of $152.13 per account when including interest, lien fees, and penalty fees.

WHY ACTION IS NECESSARY:

Board approval required to delete delinquent Solid Waste accounts.

WHAT ACTION ACCOMPLISHES:

Provides cost efficiency for staff and resources related to maintaining and servicing
delinquent accounts.  (#20040968-Solid Waste)

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve Supplemental Task Authorization No.3 (Continuation of STA #1) to Contract #2488, to WilsonMiller Inc., under CN-03-07 Miscellaneous Professional Services – Island Park Regional Mitigation Project, in the amount of $85,000.00.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Will provide the County with a consultant for the engineering/surveying and permitting services for the Island Park Regional Mitigation Project.  (#20040916-Transportation)

 

 

(b)

ACTION REQUESTED:

Approve Supplemental Task Authorization (STA) No. 7 to Hole Montes Inc. for CN-00-04 MISCELLANEOUS CIVIL ENGINEERING DESIGN AND/OR INSPECTION SERVICES (Contract No. 1461) for Imperial Street Improvements four laning Bonita Beach Road to East Terry Street in the amount of $165,900.00.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

The Consultant shall complete additional work for the project known as Imperial Street four laning from Bonita Beach Road to East Terry Street.  (#20040940-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve final acceptance, by Resolution, as a donation of water distribution and gravity collection systems serving Mossy Glen at Shadow Wood Preserve.  This is a developer contributed asset project located on the west side of Shadow Creek Boulevard approximately 1 mile west 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.  (#20040799-Utilities)

 

 

(b)

ACTION REQUESTED:

Approve final acceptance, by Resolution as a donation of a water main extension and two (2) fire hydrants serving Route 80 Storage Facility.  This is a Developer Contributed asset project located on the south side of State Road 80 approximately ½ mile west of State Road 31.

WHY ACTION IS NECESSARY:

To provide potable water service and, fire protection to this commercial facility.

WHAT ACTION ACCOMPLISHES:

Places the water main and fire hydrants into operation and complies with the Lee County Utilities Operations Manual.  (#20040908-Utilities)

 

 

(c)

ACTION REQUESTED:

Approve construction of a water main extension and a sewage force main extension, serving Orion Center.  This is a Developer contributed asset and the project is located on the southwest corner of Daniels Parkway and Plantation Road.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20040909-Utilities)

 

 

(d)

ACTION REQUESTED:

Approve final acceptance by Resolution, and recording of one utility easement, as a donation for two fire hydrants and a force main extension serving Turnbull-Rudlaff Commercial Building.  This is a Developer contributed asset project located west side of San Carlos Boulevard approximately 600 feet south of Kelly Road.

WHY ACTION IS NECESSARY:

To provide fire protection to the recently constructed commercial building.

WHAT ACTION ACCOMPLISHES:

Places the fire hydrant into operation and complies with the Lee County Utilities Operations Manual.  (#20040910-Utilities)

 

11.

PARKS AND RECREATION

 

 

(a)

ACTION REQUESTED:

Approve and accept the donation of two parcels in Boca Grande from the Gasparilla Island Conservation and Improvement Association, Inc. for the Island School project.

WHY ACTION IS NECESSARY:

To obtain Board of County Commissioners’ approval and acceptance of the donation from the GICIA.

WHAT ACTION ACCOMPLISHES:

Approves and accepts the donation of property from the GICIA.  (#20040935-Parks and Recreation)

 

 

(b)

ACTION REQUESTED:

Approve and execute a Non-Disturbance Agreement between Lee County, Southwest Florida and Lee County Fair Association, In. as landlord, and Verizon Wireless Personal Communications, LP d/b/a Verizon Wireless as tenant.  This agreement allows for the construction of a communication tower on Civic Center property.  Authorize the County Manager to execute any documents necessary to enable Verizon to apply for a development order or permit.

WHY ACTION IS NECESSARY:

Board must approve all agreements.

WHAT ACTION ACCOMPLISHES:

Allows the construction of a tower on Civic Center property.  (#20040961-Parks and Recreation)

 

12.

COUNTY ATTORNEY

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

 

(a)

ACTION REQUESTED:

Approve disbursements.

WHY ACTION IS NECESSARY:

Florida Statute Chapter 136.06(1) requires that all County disbursements be recorded in the Minutes of the Board.

WHAT ACTION ACCOMPLISHES:

Compliance with the requirements of FS 136.06(1).  (#20040982-Clerk of Courts)

 

 

(b)

ACTION REQUESTED:

Approve payment of delinquent tax overbid claim-Williams Estate.

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.  (#20040983-Clerk of Courts)

 

 

(c)

ACTION REQUESTED:

File and record proof of publication in the minutes of the County Commissioners of Lee County.

WHY ACTION IS NECESSARY:

Required pursuant to Chapter 116.21, Florida Statutes.

WHAT ACTION ACCOMPLISHES:

Notifies criminal and civil cash bond depositors of unclaimed bond refunds held by the Clerk of Courts.  (#20040965-Clerk of Courts)

 


ADMINISTRATIVE AGENDA

August 10, 2004

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve waiving the formal solicitation process for BW-04-07 to Dawson & Associates Inc., for expenditures in the amount of  $240,000.00 to provide permit assistance for the Sanibel Causeway Bridge project.  Also, authorize Chairman on behalf of the Board to execute the agreement upon final negotiations.  Also, approve transfer from reserves in the Transportation Facilities Sanibel Surplus Construction Fund (42133) for $240,000.00 and amend the FY04-08 Capital Improvement Program for Project 205814 – Sanibel Bridge Replacement, A,B,C.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides the Department of Transportation the assistance of Dawson & Associates to keep the permit review on track.  (#20040942-Transportation)

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Accept and execute Release for Property Damage, a 100% settlement offer from Progressive Insurance Company in the amount of $2,528,54 for damages to Lee County property.

WHY ACTION IS NECESSARY:

Board of County Commissioners’ approval required for settlement offers and execution of Release for Property Damage are required to complete the transaction with Progressive Insurance Companies for their payment.

WHAT ACTION ACCOMPLISHES:

Releases Progressive Insurance and Kevin Hall from any further liability to the County for a $2,528.54 payment to County for damages to Lee County property, invoice 1661.  (#20040939-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

 

WALK ON AGENDA ITEMS

August 10, 2004
 

Walk On

 

ACTION REQUESTED:
Authorize Chairman to execute Modification #1 to Pre-Disaster Mitigation Agreement with the Department of Community Affairs to extend the agreement to August 20, 2004.

WHY ACTION IS NECESSARY:
Commission Chairman's signature is required to execute the Contract.

WHAT ACTION ACCOMPLISHES:
Provides additional time to complete:  1) complete report updating Lee County LMS plan Critical Facilities; and 2) complete production of PSA's to educate business homeowners on ways to protect property. (#20041008-Emergency Management)
REASON FOR WALK ON:
To meet signatory requirements due to the time restraint.

 

 

PUBLIC AGENDA

August 10, 2004

 

5:00 PM

(#1)

Public Hearing

 

ACTION REQUESTED:

Conduct a Public Hearing to adopt a Resolution to Vacate the Westerly 700 +/- feet of Coconut Road, a County Road Right-of-Way Easement (Viewer’s Road), and a smaller portion of County owned Road Right-of-Way, located at Coconut Road, Estero, Florida (Case No. VAC2003-00023)

WHY ACTION IS NECESSARY:

To permit the development of the Coconut Point Marina property and to provide a private road to the marina parcel.

WHAT ACTION ACCOMPLISHES:

Vacates a portion of County Road Right-of-Way Easement.  (S7-T47S-R25E)  (#3)  (#20040737-Development Services)  TO BE WITHDRAWN

 

 

(#2)

Public Hearing

 

 

ACTION REQUESTED:

Conduct public hearing to consider and approve Resolution amending Lee County Resolutions Nos. 90-09-26, 90-09-27, 94-08-05, 96-12-105, 97-09-53, and 01-06-58, relating to the toll structure of the Cape Coral Bridge, Midpoint Memorial Bridge and Sanibel Bridges & Causeway.

WHY ACTION IS NECESSARY:

Revisions to the Lee County Toll Structure requires approval at a public hearing.

WHAT ACTION ACCOMPLISHES:

Adopts Resolution implementing revised toll rates for the Sanibel Bridges & Causeway.  (#20040902-County Attorney)

 

 

5:05 PM

Public Presentation of Matters by Citizens

 

 

Adjourn