District #1 Bob
Janes
Chairman |
District #2 Douglas St. Cerny |
District #3 Ray
Judah
Vice Chairman |
District #4 Andrew W. Coy |
District #5 John E. Albion |
Donald D. Stilwell, County Manager |
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James
G. Yaeger, County Attorney |
October 29, 2002 |
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: |
Reverend
Ralph Rivers |
Good
Shepherd Church |
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Pledge
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Presentation: |
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(Commissioner
Judah-#20021161) |
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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
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Walk-ons
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Commissioners'
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County
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County
Attorney Items |
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Adjourn |
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October
29, 2002
1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Request the Chairman of the CRA to execute the
landscape maintenance agreement with Lehigh Community Council for the Roadway
Landscape Improvement. Approve and
authorize the Chairman to execute Landscape Installation and Maintenance
Agreement between Lee County and Lehigh Community Council on behalf of the
BOCC. WHY ACTION
IS NECESSARY: The Board must approve the agreement and authorize
the Chairman to sign it so that it may become fully executed. WHAT ACTION
ACCOMPLISHES: Provides an agreement that establishes the
landscape installation and maintenance responsibilities in the median at Lee
Boulevard and Homestead Road.
(#20021128-Economic Development) |
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2. |
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 Pod “B” to Target Builders
Inc., for the Guaranteed Maximum Price (GMP) of $928,000.00 (includes
$61,962.00 CM fee). At this time it
is also being requested 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. Also approve budget transfer
of $1,000,000.00 from the Justice Center Renovations – Pod C Project to the
Justice Center Renovations – Pod B project and amend FY 02/03 – 06/07 CIP
accordingly. WHY ACTION
IS NECESSARY: Pursuant to Administrative Code AC-4-4 Lee County
Contract Manual for Construction Projects, approved by the Board on September
25, 2001, construction projects estimated to be over $50,000.00 will be
executed through the formal process. WHAT ACTION
ACCOMPLISHES: Provides the County with a Construction Manager
that will provide any and all services needed for the Lee County Justice
Center for Pod B.
(#20021164-Construction & Design) |
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ACTION REQUESTED: Approve Addendum to the Construction Manager
Agreement, for RFQ-02-04 Justice Center Expansion (Phase I Elevator
Addition), with Centex Rooney Construction Company (Contract #2161) to
include the Guaranteed Maximum Price (GMP) for Phase I in the amount of $1,954,517.00 (which includes the 5% CM
Fee). Also request Board approve
waiving of any 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. Also
approve a Budget Resolution to transfer $2 million from the General Fund to
the Justice Center Expansion Project and amend FY 02/03 – 06/07 CIP
accordingly. WHY ACTION IS NECESSARY: Pursuant to Administrative Code AC-4-4 Lee County
Contract Manual approved by the Board on September 25, 2001, construction
projects estimated to be over $50,000 will be executed through the formal
advertised process. WHAT ACTION ACCOMPLISHES: This project is for Phase I Elevator Addition for
the Justice Center Expansion.
(#20021192-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 VAC2002-00045 to Vacate a
12-foot wide Public Utility and Drainage Easement common to Lots 4 and 5,
Block 7, Unit 2, a Subdivision of Lehigh Acres, in Alva, Florida. Adopt a Resolution setting a Public
Hearing for 5:00 p.m. on the 26th day of November, 2002. WHY ACTION
IS NECESSARY: To build a single-family residence on the combined
lots. The vacation of these Public Utility and Drainage Easements will not
alter existing utility or drainage conditions and the easements are not
necessary to accommodate any future utility and drainage requirements. WHAT ACTION
ACCOMPLISHES: Setting the time and date of the Public
Hearing. (#20021143-Development
Services) |
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ACTION REQUESTED: Accept a Petition VAC2001-00024 to vacate the
public’s interest in that portion of a sixty-foot (60') wide platted
right-of-way known as WAYCROSS ROAD S.E.; starting from a point six feet west
of the eastern boundary of Lot 34 to it’s northwestern terminus (approx.
1,150' long). The right-of-way in question
is within the platted subdivision of B.F. INDUSTRIAL CENTER; in
Section 10, Township 44, Range 25 as recorded in Plat Book 47, Pages 91 and
92 of the official Public Records of Lee County, Florida; and adopt a
resolution setting a public hearing for 5:00 p.m. on the 26th day
of November 2002. WHY ACTION IS NECESSARY: To provide for installation of a security gate at
the proposed terminus of the public right-of-way. The vacation of the public interest in this right-of-way
will not alter existing drainage or utilities; nor is this right-of-way
necessary to accommodate any future drainage or utility requirements. The road will remain the same but
revert to private ownership. All
public utility easements along the right-of-way will remain intact. A new replacement public utility easement
is to be granted to cover any utilities within the actual right-of-way. WHAT ACTION ACCOMPLISHES: Sets the date for Public Hearing. (#20020956-Development Services) |
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ACTION REQUESTED: Adopt a Resolution in support of the City of Fort
Myers “Urban Infill and Redevelopment Plan.” WHY ACTION IS NECESSARY: The City of Fort Myers is requesting County
support of the City’s planning efforts in the incorporated and unincorporated
Urban Infill Area. WHAT ACTION ACCOMPLISHES: Continued support of the City’s planning efforts
in the Lee Plan designated Urban Infill Area will help to better the quality
of life to both the incorporated and unincorporated residents. (#20021190-Planning) |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Approve the purchase of a +/- 7.82 acre parcel of
land for the Green Meadows/Corkscrew Interconnect and Water Storage Facility,
Project No. 7105, pursuant to the terms and conditions as set forth in the
Purchase Agreement, authorize payment of necessary fees to close; authorize
purchase of addition lands as set forth in the special conditions, if
required by permitting agencies; authorize the Division of County Lands to
handle and accept all documentation necessary to complete this transaction. WHY ACTION
IS NECESSARY: The Board must formally accept all real estate
conveyances to Lee County. WHAT ACTION
ACCOMPLISHES: The voluntary acquisition of +/-7.82 acres of land
for construction of the Green Meadows/Corkscrew Interconnect and Water
Storage Facility thus avoiding the Boards need to exercise its power of
Eminent Domain at a future date.
(#20021102-County Lands) |
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ACTION REQUESTED: Approve Spring Centurion Service Agreement with Sprint-Florida Inc., for a service maintenance agreement for Lee County’s system in the amount of $47,869.09 annually for a two (2) year period. WHY ACTION IS NECESSARY: Pursuant to the Lee County Contract Manual, approved by the Board on September 25, 2001, agreements in excess of $50,000.00 require Board approval. WHAT ACTION ACCOMPLISHES: Provides a annual contract to cover for the any problems with the Sprint systems 24 hours a day, 365 days a year. It will cover any labor or equipment at all the listed sites for anything that goes wrong with any of these systems including replacing if necessary. (#20021092-ITG) |
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7. |
PUBLIC SAFETY |
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ACTION REQUESTED: Approve the Second Amendment to the Nextel / Alico
Tower Antenna License Agreement. WHY ACTION IS NECESSARY: To modify and amend the Agreement and First
Amendment to adjust the mounting height on the Alico Tower from 250 feet to
225 feet. WHAT ACTION ACCOMPLISHES: This Amendment to the Agreement adjusts the mounting height of the antenna from 250 feet to 225 feet. (#20021171-Communications) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION
REQUESTED: Approve Amendment No. 1 to Contract No. 01139, Lee
County Boater Kiosk Education and Outreach Program, between the Florida Fish
and Wildlife Conservation Commission (FWC) and Lee County to extend the
termination date of the contract to January 31, 2003 and revise the
Deliverable and Payment Schedule accordingly. No additional funding is required. WHY ACTION
IS NECESSARY: All agreements and amendments thereto require
approval by the Board of County Commissioners. Amendment or modification to the agreement in accordance with
the General Terms and Conditions Section 15 requires a formal amendment be
lawfully executed by both parties. WHAT ACTION
ACCOMPLISHES: Amends the term length of the agreement from
November 11, 2002 to January 31, 2003.
(#20021170-Natural Resources) |
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ACTION
REQUESTED: Execute subgrant agreements with local
governments, non-profit organizations, and various Lee County Law Enforcement
agencies to implement eight FY02/03 WCIND projects totaling $279,757 via 13
individual subgrants. Create new
projects and amend the FY02/03-06/07 CIP accordingly. WHY ACTION
IS NECESSARY: Subgrants must be approved by the Board as
specified during WCIND application process.
Account string creation necessary for project creation. WHAT ACTION
ACCOMPLISHES: Formalizes duties and responsibilities of Lee
County and subgrantees in implementing WCIND funded projects. Establishes CIP projects and account
strings. (#20021184-Natural Resources) |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: Accept payments for the installation of a traffic
signal at the intersection of Tara Woods/Lake Fairways and US 41 for $47,000,
from the residents of Tara Woods and Lake Fairways, and for $8,000 from the
Chateau Communities. The total
payment is $55,000. WHY ACTION
IS NECESSARY: Requires Board of County Commissioner approval to
amend CIP and for budget resolutions. WHAT ACTION
ACCOMPLISHES: Allows County to receive compensation for the
installation of the traffic signal at Tara Woods/Lake Fairways and US
41. (#20021138-Transportation) |
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ACTION
REQUESTED: Direct Department of Transportation (DOT) to
proceed with an application to the Federal Highway Administration’s (FHWA)
Value Pricing Pilot Program for funding Project Development and Environmental
(PD&E) Studies, Design, and Construction Costs for a queue jump in Lee
County. WHY ACTION
IS NECESSARY: Board of County Commissioner’s action is required
for grant applications that require matching funds. WHAT ACTION
ACCOMPLISHES: Allow DOT staff to proceed with a grant
application of up to $15 million.
Further, allow staff to structure the application such that FHWA may
award the grant in stages. (#20021188-Transportation) |
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ACTION
REQUESTED: Approve Supplemental Task Authorization (STA) No.
4 to Hole Monters 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 $150,691.00. WHY ACTION
IS NECESSARY: Pursuant to the Lee County Contract Manual,
approved by the Board on September 25, 2001, the Board is required to approve
all Supplemental Task Authorizations in excess of $50,000.00 to Professional
Services Agreements. 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.
(#20021154-Transportation) |
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ACTION
REQUESTED: Approve Change Order No. 1 to ERES Consultants
(Contract 1802) for CN-01-06, Development & Implementation of a Pavement
Condition Index (PCI) Network Level Pavement Management System for Lee
County, in the amount of $66,192.00, for a total contract amount of
$365,964.00, and approve Interlocal Agreement with City of Fort Myers. Also, approve an addendum to the original
contract clarifying dispute resolution among the County, ERES, and the City
of Fort Myers. WHY ACTION
IS NECESSARY: Requires BOCC approval for Change Order,
Interlocal Agreement and amendment to CIP. WHAT ACTION
ACCOMPLISHES: Allows City of Fort Myers to share in the cost of
the Pavement Management System.
(#20021146-Transportation) |
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ACTION
REQUESTED: Request Board approve Change Order No. 2 for
Contract 1966, B02-01, County Wide Sidewalks, in the amount of
$85,695.00. The original Contract and
Change Order No. 1 totaled $346,728.50, making the new Contract total
$423,423.50. The City of Bonita
Springs is funding this Change Order.
Also, approve Budget Amendment Resolution in the Transportation
Capital Improvement Fund for project 6002 in the amount of $85,695.00, and
amend the FY02/03-06/07 CIP accordingly. WHY ACTION
IS NECESSARY: Board approval required for Change Orders in excess
of $50,000.00 and to accept outside funding. WHAT ACTION
ACCOMPLISHES: Enables Lee County DOT to construct an 8’ concrete
sidewalk along Woods Edge Parkway in Bonita, for the City of Bonita Springs,
utilizing our contractor and established contract prices. (#20021169-Transportation) |
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10. |
UTILITIES
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ACTION REQUESTED: Approve construction of a 12’’ water main
extension serving Verandah Sales Center.
This is a Developer Contributed asset and the project is 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 the proposed sales center. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of this phase of the subject property and complies with
the Lee County Utilities Operations Manual.
(#20021120-Utilities) |
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ACTION REQUESTED: Approve construction of water main extension
system serving Daniels Parkway Center, Lot 6. This is a Developer contributed
asset project located on the east side of Appaloosa Lane approximately 550’
north of Daniels Parkway. WHY ACTION IS NECESSARY: To provide potable water service and fire
protection to the proposed commercial development. WHAT ACTION ACCOMPLISHES: Complies with the Lee County Utilities line
extension policy and provides adequate utility infrastructure to support
development of the subject parcel.
(#20021133-Utilities) |
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ACTION REQUESTED: Approve final acceptance, by Resolution, by
Resolution, and recording of a easement as a donation for one fire hydrant
serving Punta Rassa Condominium. This
is a Developer contributed asset project located on the north side of Punta
Rassa Road approximately ¼ mile west of McGregor Blvd. WHY ACTION IS NECESSARY: To provide fire protection to an existing
residential building. WHAT ACTION ACCOMPLISHES: Places the fire hydrant into operation and
complies with the Lee County Utilities Operations Manual. (#20021134-Utilities) |
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ACTION REQUESTED: Approve final acceptance, by Resolution, and
recording of a utility easement as a donation for a fire hydrant serving
Dairy Queen Grill & Chill. This
is a Developer contributed asset project located on the east side of South
Tamiami Trail approximately 470’ south of Ben C Pratt Six Mile Cypress
Parkway. WHY ACTION IS NECESSARY: To provide fire protection to the recently
constructed fast food restaurant. WHAT ACTION ACCOMPLISHES: Places the fire hydrant into operation and
complies with the Lee County Utilities Operations Manual. (#20021140-Utilities) |
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ACTION
REQUESTED: Concur with the ranking of Consultants by the
Competitive Negotiations Committee for CN-02-27 LEE COUNTY WATER SYSTEM
VULNERABILITY STUDY, in the following order of ranking, and authorize
contract negotiations to commence with the number one ranked firm: (1)
Malcolm Pirnie Inc. (2) HDR Inc.; and (3) EMA Inc. WHY ACTION
IS NECESSARY: Pursuant to Administrative Code AC-4-4 Lee County
Contracts Manual, approved by the Board on September 25, 2001, the Board is
required to approve all Consultant rankings. WHAT ACTION
ACCOMPLISHES: Consultant will provide professional services to
include the development of a Vulnerability Assessment for the entire Lee
County Potable Water system in accordance with the requirements of its USEPA
Vulnerability Assessment Grant.
(#20021156-Utilities) |
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ACTION REQUESTED: Approve final acceptance, by Resolution as a
donation of potable water services and sanitary sewer services serving The
Shores at Gulf Harbour – Phase 3.
This is a developer-contributed asset and the project is located north
of Beinvenida Way within Gulf Harbour. WHY ACTION IS NECESSARY: To provide potable water and sanitary sewer
service to this phase of the recently re-constructed single-family
residential development. WHAT ACTION ACCOMPLISHES: Places the water and sewer services into operation
and complies with the Lee County Utilities Operations Manual. (#20021139-Utilities) |
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11. |
PARKS AND RECREATION |
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12. |
COUNTY ATTORNEY |
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ACTION REQUESTED: Amend Resolution No. 01-02-54 and 02-04-25, Lee
County Advisory Board/Committee Financial Interest and Filing Designation. WHY ACTION IS NECESSARY: To update Board of County Commissioners local
option designation of Lee County Advisory Boards/Committees whose members are
required to file statements of Financial Interests (Form 1) and related forms
as Reporting Individuals. WHAT ACTION ACCOMPLISHES: Amend Lee County Resolutions to officially add
additional Advisory Boards/Committees and Advisory Board/Committee
members. (#20021186-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). (#20021122-Clerk of
Courts) |
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ACTION REQUESTED: Present for information
purposes. WHY ACTION IS NECESSARY: To provide interim reporting on selected funds and revenues of the Lee County Board of County Commissioners. Also included, in compliance with Florida Statute 218.415, Local Government Investment Policies, is the stated and fair market value of the investments managed by the Clerk’s Office. 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.
(#20021178-Clerk of Courts) |
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October
29, 2002
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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ACTION REQUESTED: Approve extending coverage in the Lee County Health
and Dental plans to all employees of the Captiva Fire District and the East
County Water Control District, effective January 1, 2003. WHY ACTION IS NECESSARY: Coverage may be extended to tax-supported agencies
of Lee County, with the Board of County Commissioners’ approval. WHAT ACTION ACCOMPLISHES: Provides all regular health and dental benefits to
the employees and FRS retirees of both Captiva Fire District and East county
Water Control District, and their dependents. (#20021191-Human Resources) |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION REQUESTED: Approve the Pineland/Outer Island liaison
committee as recommended at the October 7, 2002 Board Management and Planning
Committee meeting. A list of
recommended members is attached. WHY ACTION IS NECESSARY: To enlist the assistance of citizens to work with
County staff on Pine Island and Outer Island issues. WHAT ACTION ACCOMPLISHES: Allows County staff and Pine Island/Outer Island
citizens to investigate and evaluate specific issues and potential solutions
that may be recommended to the Board of County Commissioners concerning Pine
Island/Outer Island maritime issues.
(#20021177-Solid Waste) |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: For the BOCC to concur with the Roadway Landscape
Advisory Committee’s (RLAC) recommendations in regards to allocating the
additional $2,000,000 in funding for fiscal year 02-03 for roadway
landscaping. WHY ACTION
IS NECESSARY: At the August 27, 2002 BOCC meeting, staff agreed
to bring the RLAC’s recommendation back to the Board for final concurrence. WHAT ACTION
ACCOMPLISHES: Authorizes DOT to move forward with additional
landscaping and design on certain projects.
(#20021132-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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13. |
HEARING EXAMINER |
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14. |
PORT AUTHORITY |
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15. |
CONSTITUTIONAL OFFICERS |
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