District #1 Bob
Janes |
District #2 Douglas St. Cerny Chairman |
District #3 Ray
Judah
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District #4 Tammy Hall Vice Chair |
District #5 John E. Albion |
Donald D. Stilwell, County Manager |
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Robert W. Gray, Deputy
County Attorney |
November 30, 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
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Invocation: |
Pastor
Becky-Penniman |
Lamb
of God Church |
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Pledge
of Allegiance |
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Presentations: |
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(Commissioner
Janes - #20041540) |
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(Commissioner
Judah - #20041507) |
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(Commissioner
Albion - #20041538) |
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Recap |
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Public
Comment on the Consent and Administrative Agenda |
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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'
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County
Manager Items |
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County
Attorney Items |
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Adjourn |
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November
30, 2004
1. |
COUNTY ADMINISTRATION |
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2. |
CONSTRUCTION AND DESIGN |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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ACTION REQUESTED: Authorize an extension, from December 31,
2004 to May 30, 2005, for Contract C-2733 between the Board of County
Commissioners and the Bonita Springs Area Housing Development Corporation
(BSHDC) WHY ACTION
IS NECESSARY: This contract extension is technical in nature and
will allow for more time for BSHDC to complete its contractual obligations to
the county. WHAT ACTION ACCOMPLISHES: Extends the grant award agreement, allowing
additional time for BSHDC to use SHIP funds to construct 4 single-family
units for low-income households. (20041488-Planning) |
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ACTION
REQUESTED: Approve waiving of the formal process for BW-05-03
Update of the Lee County School Impact
Fees and enter into a Service Provider Agreement with James Duncan and
Associates, Inc., in the lump sum amount of $66,600.00 with a project
completion of seven (7) months. Further authorize Chairman to execute the
Service Provider Agreement. WHY ACTION
IS NECESSARY: Board approval is required. WHAT ACTION
ACCOMPLISHES: Provides
the County with an efficient, cost effective update of the Lee County School
Impact Fees study completed under previous agreement with this consultant.
(#20041511-Community Development) |
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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 105A consisting of approximately .34 acres, for the Three Oaks Parkway Widening Project No. 4081; (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 the transaction. WHY ACTION IS NECESSARY: The Board must accept all
real estate conveyances to Lee County. WHAT ACTION
ACCOMPLISHES: Acquires the property during the voluntary phase
of the project, thereby the Board avoids the need to exercise its power of
Eminent Domain at a future date. (#20041493-County Lands) |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION REQUESTED: Authorize the Solid Waste
Division to add four (4) Equipment
Operator or Equip. Operator, Sr. positions primarily for the purpose of
transporting ash residue from the Waste To Energy facility to the Lee-Hendry
landfill. Transfer reserves in the amount of $117,545. WHY ACTION IS NECESSARY: Board approval is required
for new positions. WHAT ACTION
ACCOMPLISHES: Provides the Solid Waste Division with the
necessary personnel resources to effectively transport ash residue from the
Waste To Energy facility to the Lee-Hendry landfill. (#20041512-Solid Waste) |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: Approve award of Project # EX050066, the purchase
of one new Scalper 107D shaker machine for DOT from the Ohio Central Steel
Company at the prices given in the Federal General Services Administration
Contract #GS-07F0143M. Total cost: $81,564. WHY ACTION
IS NECESSARY: As this expenditure will exceed $50,000, Board
approval is required. WHAT ACTION
ACCOMPLISHES: Allows DOT to screen and recycle the ditch and
canal cleanings; and utilize the resulting clean fill dirt. (#20041459-Transportation) |
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ACTION
REQUESTED:
Approve funding a financial assistance grant for a
landscaping project and authorize the Chairman of the Board of County
Commissioners (BoCC) to execute the attached agreement. WHY ACTION
IS NECESSARY:
The Landscaping Funds Program requires the BoCC’s
approval to fund the project and authorize the Chairman to execute the
attached agreement. WHAT ACTION
ACCOMPLISHES:
Approves funding a grant for a landscaping project
in the center island area of a cul-de-sac located on Silvery Lane in the
amount of $6,500.00, pursuant to the terms and conditions of the Landscaping
Funds Program (AC 11-08) and the attached agreement.
(#20041500-Transportation) |
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ACTION
REQUESTED: Approve Local Agency Program Agreement with the
Florida Department of Transportation for Traffic Operations Improvement
Project McGregor Blvd./CR 867 @ Summerlin Rd. in the amount of
$205,900.00. Also, approve budget
resolution and amend FY 04-05 – 08-09 Capital Improvement Program. And, approve authorizing resolution for
Chairman to execute agreement. WHY ACTION
IS NECESSARY: Requires BOCC approval for agreements and
amendments to CIP. WHAT ACTION
ACCOMPLISHES: Allows County to
proceed with Traffic Operations Improvements at McGregor Blvd./CR 867 at
Summerlin Rd. (#20041508-Transportation) |
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ACTION
REQUESTED: Approve Change Order No. 4 to URS Corporation in
the amount of $1,144,623.00 for CN-02-20 CAUSEWAY RECONSTRUCTION &
REPLACEMENT OF STRUCTURE B & C, Contract No. 2404. Also, approve transfer from Trans Fac
Sanibel Surplus Construction Fund reserves in the amount of $1,900,000.00 to
Project 5814 – Sanibel Replacement Project. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Continues to provide Lee County with a Consultant
to provide any and all engineering services to include roadways, structures,
geotechnical activities, surveys, drainage, signing and pavement markings,
utility relocation, landscaping, design surveys, right-of-way maps,
maintenance of traffic, cost estimates, environmental permits, environmental
mitigation plans, quantity computations booklets, and all necessary
incidental items for the Causeway Reconstruction and Replacement of Structure
B and C. (#20041550-Transportation) |
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10. |
UTILITIES |
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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 utilization of the Florida Sheriffs Association Bid #03-11-0825 for the purchase of three 2005 International Model-7600 6X4 Tractors from Sun State International Trucks for Lee County Utilities in the amount of $195,841.23, (piggyback). 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 #55766 for the purchase of three 2005 International Model-7600 6X4 Tractors for Lee County Utilities needed due to the growth of LCU’s franchise area. (#20041277-Utilities) |
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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 utilization of the Sarasota Bid #4744GE Right Hand Drive Light Vehicles for the purchase of three 2005 Right-Handed Jeep Wranglers for Lee County Utilities in the amount of $57,198.72 from Douglas Jeep Polaris, (Piggyback). 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 #56232 for the purchase of three
2005 Right-Handed Jeep Wranglers for Lee County Utilities’ Meter Readers due
to the GES Acquisition. (#20041281-Utilities) |
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ACTION REQUESTED: Approve construction of
the off-site water main and force main extension system serving Hawk’ s Haven. This is a Developer contributed asset and
the project is located along the south side of S.R. 80 approximately ½ mile
east of Buckingham Road. WHY ACTION IS NECESSARY: To provide potable water service, fire protection and sanitary sewer service to this future residential development. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support future development of the subject property and complies with the Lee
County Utilities Operations Manual. (#20041436-Utilities) |
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11. |
PARKS AND RECREATION |
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ACTION
REQUESTED: Approve Park & Recreation Facility Usage
Agreement with the Lee County YMCA, a non-profit corporation. WHY ACTION
IS NECESSARY: Approval of this agreement with the YMCA and Lee
County Parks & Recreation allows for the YMCA to provide their service,
which are not in direct conflict with our programs. Also allows the department to discontinue having to provide
individual permits for the different Parks & Recreation sites. WHAT ACTION
ACCOMPLISHES: The YMCA will have scheduled use of the pools and
fields at Villas, Brooks, Tanglewood, Estero, Three Oaks, Cape Coral High
School Pool and Cypress Lake High School Pool through an Interlocal Agreement
with Lee County. This will in turn save the department the cost of having to
run the programs and also enhances a joint/private venture. (#20041381-Parks and Recreation) |
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ACTION
REQUESTED: Approve project # PB050072, the utilization
(piggyback) of the Florida Department of Environmental Protection (DEP) RFP #
2003013c, which has gone through their competitive bidding process, for the
procurement of Upland Invasive Exotic Plant Control Services, to be utilized
by the Lee County Parks and Recreation Department. There are six vendors on this contract with the Florida DEP,
the company names are: 1. Natur
Chem 2. Southeastern Chemtreat
Inc. 3. Randel’s Landclearing &
Development Inc. 4. Aquatic Plant
Management Inc. 5.
Habitat Restoration Resources 6. Walker Exotic Tree
Eradication & Mitigation. The
current term of the contract runs for three years, from 2/18/04 to
2/17/07. Request authority to
continue to utilize this contract if renewed by the Florida DEP at the end of
the three-year period, if it is in the best interest of Lee County at that
time. For general information, the
Parks and Recreation Department estimates spending approximately $500,000
during the next twelve months. The
majority of the expenditures for this service will be covered by grant funds. WHY ACTION
IS NECESSARY: Board approval is required because this
expenditure will exceed $50,000. WHAT ACTION
ACCOMPLISHES: Provides an annual contract for upland invasive
exotic plant control services that can be ordered as needed by the Parks and
Recreation Department.
(#20041474-Parks and Recreation) |
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12. |
COUNTY ATTORNEY |
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ACTION
REQUESTED: Request authorization to advertise for and conduct
a Public Hearing on Tuesday, January 11, 2005, at 5:00 p.m., in Chambers
to consider the adoption and execution of the proposed “Lee County Grease
Ordinance”. WHY ACTION
IS NECESSARY: Board must formally adopt Ordinance at a Public Hearing. WHAT ACTION
ACCOMPLISHES: Sets January 11, 2005, at 5:00 p.m. for the Public
Hearing date and time allows the process to go forward. (#20040306-County
Attorney) |
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13. |
HEARING EXAMINER |
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14. |
PORT AUTHORITY |
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ACTION
REQUESTED: Request Board accept a federal grant by adopting a
Resolution authorizing, adopting, approving, accepting and ratifying the
execution of an agreement between the United States of America and the Lee
County Port Authority for $85,416 of federal dollars for repair of the damage
caused by the recent hurricanes. |
RECONVENE AS BOARD OF COUNTY COMMISSIONERS
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).
(#20041529-Clerk of Courts) |
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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.
(#20041530-Clerk of Courts) |
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November
30, 2004
1. |
COUNTY ADMINISTRATION |
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2. |
CONSTRUCTION AND DESIGN |
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3. |
COUNTY COMMISSIONERS |
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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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9. |
TRANSPORTATION |
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10. |
UTILITIES |
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11. |
PARKS AND RECREATION |
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12. |
COUNTY ATTORNEY |
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ACTION
REQUESTED: Consider and approve mediated settlement in
County’s favor for $20,000 in Case No. 04-2022CA, Lee County v. USA
Recycling, et al. 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: County receives an equitable monetary settlement
and dismisses the case subject to completion of agreed payment schedule by
Defendant. (#20041489-County Attorney) |
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ACTION
REQUESTED:
Approve the Amended Resolution of Necessity for
the acquisition and condemnation of Parcel 106, required for the Three Oaks
Parkway Widening, Project 4081. WHY ACTION
IS NECESSARY: The Board must formally approve the Amended
Resolution of Necessity prior to proceeding with condemnation of this parcel,
which is necessary for the project. WHAT ACTION
ACCOMPLISHES: Allows the County to proceed with condemnation, if
necessary, so parcels can be acquired for the Three Oaks Parkway Widening,
Project 4081. (#20041494-County Attorney) |
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13. |
HEARING EXAMINER |
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14. |
PORT AUTHORITY |
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CONVENE AS BOARD OF PORT COMMISSIONERS
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ACTION
REQUESTED:
Request Board approve revised collective
bargaining agreement between Lee County Port Authority and the Southwest
Florida Professional Fire Fighters & Paramedics, Local 1826, I.A.F.F.,
Inc. |
RECONVENE AS BOARD OF COUNTY COMMISSIONERS
15. |
CONSTITUTIONAL OFFICERS |