District #1

Bob Janes

District #2

Douglas St. Cerny

Chairman

District #3

Ray Judah

District #4

Tammy Hall

Vice Chair

District #5

John E. Albion

Donald D. Stilwell,

County Manager

Robert W. Gray,

Deputy County Attorney

November 30, 2004

9:30 AM

Invocation:

Pastor Becky-Penniman

Lamb of God Church

Pledge of Allegiance

Presentations:

·         

Solid Waste Debris Cleanup Presentation

(Commissioner Janes - #20041540)

·         

Pilot Club of Fort Myers Resolution

(Commissioner Judah - #20041507)

·         

Home For The Holidays Resolution

(Commissioner Albion - #20041538)

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

1.

COUNTY ADMINISTRATION

2.

CONSTRUCTION AND DESIGN

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

(a)

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)

(b)

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)

5.

HUMAN SERVICES

6.

INDEPENDENT

(a)

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)

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

(a)

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)

9.

TRANSPORTATION

(a)

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)

(b)

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)

(c)

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)

(d)

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)

10.

UTILITIES

(a)

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)

(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 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)

(c)

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)

11.

PARKS AND RECREATION

(a)

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)

(b)

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)

12.

COUNTY ATTORNEY

(a)

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)

13.

HEARING EXAMINER

14.

PORT AUTHORITY

(a)

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.

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).  (#20041529-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.  (#20041530-Clerk of Courts)

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

10.

UTILITIES

11.

PARKS AND RECREATION

12.

COUNTY ATTORNEY

(a)

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)

(b)

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)

13.

HEARING EXAMINER

14.

PORT AUTHORITY

(a)

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.

15.

CONSTITUTIONAL OFFICERS