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

 

 

November 2, 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 Kenneth McBeath

Harvest Ministries Church of God

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

 

 

·         

Fred Morgan Sr. Appreciation Resolution

 

 

(Commissioner St. Cerny-#20041332)

 

 

·         

Animal Shelter Appreciation Month Resolution

 

 

(Commissioner Coy-#20041334)

 

 

 

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


CONSENT AGENDA

November 2, 2004

 

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Authorize Budget Amendment Resolutions for the receipt of $28,052,350 of bond proceeds from the Five Cent Local Option Gas Tax Refunding Revenue Bonds, Series 2004 and related budget adjustment.

WHY ACTION IS NECESSARY:

Budget Amendment Resolutions must be approved to receive bond proceeds.

WHAT ACTION ACCOMPLISHES:

Establishes the accounts necessary to receive bond proceeds.  (#20041235-Budget Services)

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

 

(a)

ACTION REQUESTED:

Approve transfer of three properties on South Street (Strap numbers 24-44-24-P4-01402.0050, 24-44-24-P4-01402.0040, and 24-44-24-P4-01402.0010) from Lee County to Southwest Florida Addictions Services, Inc. (SWFAS) in accordance with the terms and conditions of Community Development Block Grant (CDBG) guidelines, which require a fifteen-year term to operate the properties as supportive housing.  Authorize Chairman to execute the County Deed and the Division of County Lands to handle and accept all documentation necessary to complete the transaction.

WHY ACTION IS NECESSARY:

To legally transfer the property from Lee County to SWFAS for the purpose of providing supportive housing.

WHAT ACTION ACCOMPLISHES:

Increases the transitional and permanent supportive housing stock in Lee County to assist people with a disability to learn the skills necessary to live as independently as possible.  (#20041355-Human Services)

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Adopt a Resolution to amend the Administrative Code, amending the policy and procedure for waiving a Municipal Services Benefit Unit penalty, AC 3-23.

WHY ACTION IS NECESSARY:

Requires approval by the Board of County Commissioners.

WHAT ACTION ACCOMPLISHES:

Expands the ability of the MSTBU office to work with property owners in obtaining past due assessments.  (#20041325-MSTBU Services)

 

 

(b)

ACTION REQUESTED:

Approve and execute a Lease Agreement between Lee County Transit and the Lee County Port Authority to utilize a vacant piece of land approximately 80 by 240 feet containing .44 acres adjacent to LeeTran for parking of transit vehicles at a cost of  $336 per month.

WHY ACTION IS NECESSARY:

Board approval is required for Chairman to execute the lease agreement.

WHAT ACTION ACCOMPLISHES:

Provides additional parking for transit vehicles at a cost of $336.00 per month.  (#20041337-Transit)

 

 

(c)

ACTION REQUESTED:

Approve Supplemental Task Authorization No. 5 to Pitman-Hartenstein & Assoc., Contract No. 2493, under CN-03-07 Miscellaneous Professional Services – San Carlos Entry Arch - Replacement Design in the amount of $57,626.00.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides Lee County with the concept development, structural design analysis, plans development, geotechnical services, architectural services electrical services, utility coordination, permit coordination and bidding services for the San Carlos Entry Arch – Replacement Design.  (#20041349-MSTBU Services)

 

 

(d)

ACTION REQUESTED:

Approve the 1st addendum to the Interlocal Agreement for Animal Services to provide comprehensive services to the City of Bonita Springs.

WHY ACTION IS NECESSARY:

Provide recalculation of appropriate fees for the municipalities.

WHAT THE ACTION ACCOMPLISHES:

Distribution of costs based on services used.  (#20041356-Animal Services)

 

 

(e)

ACTION REQUESTED:

Propose approval of the revised Medical and Dependent Care Reimbursement Accounts and Pre-tax Premiums for the Lee County Health, Dental and Vision Plans.

WHY ACTION IS NECESSARY:

Benefits documents must be updated to reflect current regulations and practices. The Board of County Commissioner has previously approved raising the amount an employee can contribute to the Health Care Reimbursement Plan from $3,000 to $5,000.

WHAT ACTION ACCOMPLISHES:

Allows us to update our current documents. Our Flexible Spending Account document will reflect the latest practices as outlined in our Summary Plan Documents  (#20041386-Human Resources)

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Request Board to approve the Interlocal Agreements with Bonita Springs, Estero, City of Ft. Myers, Ft. Myers Beach, Iona McGregor, Lehigh Acres, Sanibel, San Carlos Park and South Trail Fire Departments for the distribution of Medical Data Terminals purchased with EMS County Award Grant funds.

WHY ACTION IS NECESSARY:

Interlocal Agreements will authorize EMS to distribute Motorola Medical Data Terminals purchased with EMS County Award Grant funds.

WHAT ACTION ACCOMPLISHES:

Completes the purchase and distribution process of equipment noted in the grant application to designated Lee County Advanced Life Support Providers as approved by the Board on January 6, 2004.  (#20041320-EMS)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Adopt Resolution requesting funding for Fiscal Year 2005-2006 from the State of Florida Department of Environmental Protection Beach Erosion Control Program.

WHY ACTION IS NECESSARY:

Resolution required along with the Lee County Long Range Beach Erosion Control Budget Plan to obtain State cost share eligibility.

WHAT ACTION ACCOMPLISHES:

Enables the County to qualify for State assistance for beach erosion control projects.  (#20041350-Natural Resources)

 

 

(b)

ACTION REQUESTED:

Authorize reimbursement costs to Covanta Lee, Inc. for repair work required due to damages to the waste to energy facility caused by Hurricane Charley.  Estimated total cost for the County shall not exceed $450,000.00.

WHY ACTION IS NECESSARY:

Expenditures over $50,000 require Board approval.

WHAT ACTION ACCOMPLISHES:

Allows roof, siding, and associated repair work to be performed at the WTE in a timely manner and on a competitively bid basis.  (#20041388-Solid Waste)

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve award of Quote # IW040640, Concrete Culvert Pipe for D.O.T., to the overall low quoter meeting all specification requirements Rinker Materials Hydro Conduit per the prices listed on the attached tabsheet.  Estimated annual expenditures will be approximately $70,000.  Also request authority to renew this quote for four additional one-year periods, upon mutual agreement of both parties.  Additionally, request authority to allow the Purchasing Director to rescind and award to the next lowest overall bidder if the awarded vendor fails to meet their contractual obligations.  Funding will come from the department’s budget and they will be responsible for monitoring their own expenditures.

WHY ACTION IS NECESSARY:

All expenditures that exceed $50,000 annually must be board approved.

WHAT ACTION ACCOMPLISHES:

Allows D.O.T. to obtain necessary culvert pipe materials.  (#20041324-Transportation)

 

 

(b)

ACTION REQUESTED:

Approve Supplemental Task Authorization (STA) No. 7 to Contract No. 2474, to Cella & Associates, Inc. under CN-03-07, for continuation of the project in the amount of $49,000.00  (with a total amount for the project of $212,779.70).

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides community awareness for Bonita Beach Road Widening/Resurfacing.  (#20041353-Transportation)

 

 

(c)

ACTION REQUESTED:

Execute Extension of Agreement with Lehigh Corporation to improve traffic circulation within Lehigh Acres by constructing two segments of a roadway designed to complete a continuous roadway from the intersection of Beth Stacy Boulevard and 23rd Street to Milwaukee Boulevard at Homestead.

WHY ACTION IS NECESSARY:

To extend the agreement for one year for construction of roadway improvements to connect Beth Stacey Boulevard to Milwaukee Boulevard.

WHAT ACTION ACCOMPLISHES:

Extends agreement for one year for construction of an East/West Corridor in Lehigh that expires on October 30, 2004.  (#20041378-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve construction of a water main extension serving Robb and Stucky Warehouse.  This is a Developer contributed asset and the project is located along the west side of Plantation Road approximately ¼ mile north of Ben C. Pratt/Six Mile Cypress Parkway.

WHY ACTION IS NECESSARY:

To provide potable water service and fire protection to this proposed office and warehouse.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20041246-Utilities)

 

 

(b)

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 Reverse Osmosis Membranes for the Pinewoods Water Treatment Plant from Harn R/O Systems in the amount of $231,351.00.

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 #53290 to Harn R/O Systems for the purchase of Reverse Osmosis Membranes for the Pinewoods Water Treatment Plant in the amount of $231,351.00.  (#20041247-Utilities)

 

 

(c)

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 20 Motorola Receiver Transmitter Units from DCR Engineering Services for the GES lift stations in the amount of $139,575.00.

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 #52254 to DCR Engineering Services for the purchase of 20 RTU’s for the GES lift stations in the amount of $139,575.00.  (#20041250-Utilities)

 

 

(d)

ACTION REQUESTED:

Approve final acceptance, by Resolution, and recording of one (1) utility easement as a donation for a water main extension serving Palm Beach Professional Center, Phase 1.  This is a Developer contributed asset project located on the south side of Palm Beach Boulevard approximately 725’ east of Buckingham Road.

WHY ACTION IS NECESSARY:

Provides potable water service and fire protection to this phase of the commercial project.

WHAT ACTION ACCOMPLISHES:

Places the water main into operation and complies with the Lee County Utilities Operations Manual.  (#20041276-Utilities)

 

 

(e)

ACTION REQUESTED:

Approve final acceptance by Resolution, as a donation of  water distribution and gravity collection systems serving Colonial Shores f/k/a Villages of Coconut Creek .  This is a developer contributed asset project located on the south side of Iona Road between Cook Road and John Morris Road, approximately ½ mile north of McGregor Boulevard.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to this recently constructed residential development.

WHAT ACTION ACCOMPLISHES:

Places the water and sewer systems into operation and complies with the Lee County Utilities Operations Manual.  (#20041278-Utilities)

 

 

(f)

ACTION REQUESTED:

Award Service Provider Agreement for CN-04-01 UTILITIES RATE FINANCIAL CONSULTANT, Contract No. 2900, to Public Resources Management Group, Inc. for a Not-to-Exceed amount of $250,000.00. Contract period of Two (2) years with One (1) one-year renewal option.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Consultant will provide general utility financial consulting services and assistance for the Lee County Utilities Division.  (#20041364-Utilities)

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Approve Interlocal Agreement between Lee County and the City  of  Sanibel for County’s interim funding of the Sanibel Public Library during the time required for establishing the Sanibel Public Library District. The term of the interlocal agreement is for one (1) year with two (2) additional one year renewal periods.  Funds will be disbursed from 65% of the .6055 county library millage levied by the County and collected from property lying within the City limits of the City of Sanibel for library purposes. Authorize Chairman’s signature on the Interlocal Agreement.

WHY ACTION IS NECESSARY:

Board of County Commissioners’ approval is required to finalize the agreement with the City of Sanibel.

WHAT ACTION ACCOMPLISHES:

Finalizes the Interlocal Agreement with the City of Sanibel for Lee County’s interim funding of the maintenance and operation of the Sanibel Public Library while the City of Sanibel seeks to create and establish a Sanibel Public Library District, an independent special district.  (#20041391-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).  (#20041397-Clerk of Courts)

 

 

(b)

ACTION REQUESTED:

Request Board’s approval and Chairman’s signature on federal and state tax returns for Three “S” Disposal, Incorporated.  There is no tax due.

WHY ACTION IS NECESSARY:

To file federal and state tax returns.

WHAT ACTION ACCOMPLISHES:

File Forms 1120 and F-1120A, federal and state tax returns, for Three “S” Disposal, Incorporated for the year ended August 31, 2004.  (#20041394-Clerk of Courts)

 

 

ADMINISTRATIVE AGENDA

November 2, 2004

 

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Approve waiving of the formal process for BW-05-01 FEMA Grant Management Services for Lee County and enter into a Service Provider Agreement with Adjusters International at the rates specified in the Agreement, Attachment No. 1 to Exhibit B. Further authorize Chairman to execute the Service Provider Agreement.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Provide continued specialized financial disaster recovery services to Lee County.  (#20041396-Budget Services)

 

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:

Concur with staff recommendation to restrict turning movements at the center median opening into Sunshine Plaza (Station 291+80±) on Bonita Beach Road as part of Bonita Beach Road Widening Project.

WHY ACTION IS NECESSARY:

Board requested this item be brought forward.

WHAT ACTION ACCOMPLISHES:

Provides for Board confirmation of the engineered solution for this segment of the Bonita Beach Road project.  (#20041379-Transportation)

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

1) Approve an extension to the Lee County Emergency Resolution Declaring Lee County a Major Disaster Area for the purpose of authorizing the removal, transportation and disposal of “white goods” and construction and demolition (“C&D”) materials from the bridgeless Barrier Islands through marinas on Pine Island until March 4, 2005.  2) Waive certain LDC Regulations and their enforcement during the term of the Resolution to facilitate the use of Pine Island marinas for hurricane debris removal from the Barrier Islands.

WHY ACTION IS NECESSARY:

To continue the removal of “white goods” and C&D materials from the Barrier Islands through marinas on Pine Island until March 4, 2005, in order to restore safety to the Barrier Islands.

WHAT ACTION ACCOMPLISHES:

Allows the Post-Disaster Recovery process to continue for the Barrier Islands.  (#20041362-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS