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

James G. Yaeger, County Attorney

February 24, 2004

9:30 AM

Invocation:

Pastor David Pleasant

Covenant Community Ministries

Pledge of Allegiance

Presentations:

·         

Minnesota Twins Resolution

(Commissioner Albion-#20040178)

·         

Boston Red Sox Resolution

(Commissioner St. Cerny-#20040179)

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:

9:30 AM

PUBLIC HEARING:

ACTION REQUESTED:

Conduct second public hearing and then execute a development agreement with the owners and developers of the Coconut Point DRI that will govern mitigation of the transportation impacts created by the Coconut Point DRI.

WHY ACTION IS NECESSARY:

Florida Statutes requires at least two public hearings before a local government enters into a development agreement.

WHAT ACTION ACCOMPLISHES:

Finalizes the terms and conditions applicable to mitigating the transportation impacts  created by Coconut Point DRI.  (#20040175-County Attorney)

9:30 AM

Walk-ons and Carry-overs

Commissioners' Items/Committee Appointments

County Manager Items

County Attorney Items

Adjourn

1.

COUNTY ADMINISTRATION

2.

CONSTRUCTION AND DESIGN

(a)

ACTION REQUESTED:

Approve Change Order No. 10 to Barany Schmitt Summers Weaver & Partners Inc. for CN-01-03 Justice Center Expansion, Contract No. 1785, for the Addition of Pods “E” and “F” new construction, Pedestrian Bridge, Elevator Addition to the SunTrust Building and Outdoor Plaza in the amount of $1,237,390.00.  Also approve a Budget Transfer in the amount of $2,600,000.00 from the Capital Improvement Fund Reserves to the Justice Center Expansion project and amend FY03/04-07/08 CIP accordingly.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

The Consultant will provide, under Change Order No. 10, the addition of Pods “E” and “F”, Pedestrian Bridge, Elevator Addition at the SunTrust Building and Outdoor Plaza.  (#20040154-Construction and Design)

(b)

ACTION REQUESTED:

Approve Addendum to the Construction Manager Agreement, for RFQ-02-03 Lee County Constitutional Complex, with Casey Construction (Contract #2071) to include the Guaranteed Maximum Price (GMP) for 1^st and 4^th Floor Interior Renovations in the amount of  $524,198.78 (which includes the 7% CM Fee).  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 required.

WHAT ACTION ACCOMPLISHES:

This project entails renovations to the first and fourth floor of the Lee County Constitutional Complex to provide improved customer service and remittance processing operations.  The total affected floor area encompasses approximately 10,364 square feet.  The work will include the reconfiguration and/or the installation of new architectural, structural, plumbing, mechanical, fire protection, electrical, telecommunications and security systems.  (#20040164-Construction and Design) 

(c)

ACTION REQUESTED:

Approve Addendum to the Construction Manager Agreement, for RFQ-02-06 Lakes Regional Library, with Compass Construction Inc. (Contract #2369) to include the Guaranteed Maximum Price (GMP) for Phase II, in the amount of $6,537,740.00 (includes the 5% CM Fee less CM fees paid during Phase I and pre-construction services).  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.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides Construction Management for Phase II of Lakes Regional Library construction.  The work will include sitework, concrete, masonry, metals, woods and plastics, doors and windows, finishes, equipment, furnishings, conveying system, mechanical and electrical for Lakes Regional Library.  (#20040174-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 3732 Lee Blvd., Lehigh Acres, Florida 33971, and adopt a resolution, setting a Public Hearing for 5:00 PM on the 23^rd day of March 2004.  (Case No. VAC2003-00077)

WHY ACTION IS NECESSARY:

To build a preschool on the combined four (4) 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.  (#20031526-Development Services)

5.

HUMAN SERVICES

(a)

ACTION REQUESTED:

Approve a budget amendment resolution for the Department of Human Services to receive $40,000 of unanticipated revenues from the Federal Emergency Food and Shelter Program (FEMA).

WHY ACTION IS NECESSARY:

To allow deposit of unanticipated revenue and establish expenditure line items.

WHAT THE ACTION ACCOMPLISHES:

Amends the existing Department budget.  (#20040157-Human Services)

6.

INDEPENDENT

(a)

ACTION REQUESTED:

Approve the Agreement to Terminate Lease or Assignment of Lease with Conroy, Simberg, Ganon Krevans & Abel, P.A., for the County’s space needs within the downtown Fort Myers SunTrust Building, located at 2000 Main Street (STRAP No. 13-44-24-P4-00410.0010).  The cost of the lease space will be approximately $180,000 for the first year; if the County does not purchase the building.

WHY ACTION IS NECESSARY:

Provides +/- 7500 square feet of office space for County needs within the subject building.

WHAT ACTION ACCOMPLISHES:

The Agreement terminates the lease of Conroy et al’s lease within the subject; if the County owns the building, or assigns the lease to the County; if the County does not own the building.  (#20040115-County Lands) 

(b)

ACTION REQUESTED:

Approve Purchase Agreement for acquisition of Parcel 319, Three Oaks Parkway South Extension Project No. 4043, in the amount of $85,000; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:

The purchase of the property during the voluntary acquisition phase of the project.  (#20040143-County Lands)

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

(a)

ACTION REQUESTED:

Execute Grant Agreement #03047 with Florida Fish and Wildlife Conservation Commission (FWC), awarding $25,000 to Lee County for construction of the “FWC ‘04 Reef Grant” project.  Approve corresponding Budget Amendment Resolution amending the FY03-04 - 07-08 CIP Program accordingly. Execute “Attachment E” - Certification regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion.

WHY ACTION IS NECESSARY:

To accept funding from FWC and certify eligibility to receive federal funds.

WHAT ACTION ACCOMPLISHES:

Formalizes $25,000 in grant funding.  (#20040123-Natural Resources)

9.

TRANSPORTATION

(a)

ACTION REQUESTED:

Request Board authorize elimination of non-viable project alternatives from further consideration in the Project Development and Environment (PD&E) study for County Road 951 as shown on the attached graphic in red.  Authorize DRMP, Inc. to proceed with further study of the initial project alternatives as shown in green on the attached graphic.

WHY ACTION IS NECESSARY:

Board of County Commissioners must adopt proposed county roadway alignments.

WHAT ACTION ACCOMPLISHES:

Allows DRMP, Inc. to proceed with the PD&E study.  (#20040161-Transportation)

10.

UTILITIES

(a)

ACTION REQUESTED:

Approve construction of a water main extension and force main extension serving West Bay Club Bay Bridge Boulevard Extension.  This Developer contributed asset and the project is located approximately 1-1/2 miles west of S. Tamiami Trail at the end of Bay Bridge Boulevard.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection, and sanitary sewer service to the proposed development.

WHAT ACTION ACCOMPLISHES:

Complies with the Lee County Utilities line extension policy and provides adequate water and sanitary sewer infrastructure to support development of the subject property.  (#20040114-Utilities)

11.

PARKS AND RECREATION

(a)

ACTION REQUESTED:

Formerly approve United States Department of Agriculture’s Wildlife Habitat Incentives Program (WHIP) Grant and budget Amendment and Resolution for $19,997.73 for Caloosahatchee Regional Park to remove exotic grasses on approximately 60 acres of parkland. Follow-up pest management treatments for 3 years.

WHY ACTION IS NECESSARY:

Board must formally accept grants.

WHAT ACTION ACCOMPLISHES:

To continue with the removal of exotic vegetation throughout our Parks.  (#20040152-Parks and Recreation)

12.

COUNTY ATTORNEY

(a)

ACTION REQUESTED:

Adopt resolution approving the issuance of Lee County Industrial Development Authority Health Care Facilities Refunding Revenue Bonds (Hope Hospice Project), Series 2004 for the benefit of HOPE of Southwest Florida, Inc. in an amount not to exceed $18,900,000.00 for the primary purpose of financing the costs of acquisition, construction and equipping of certain hospice facilities to be owned and operated by HOPE of Southwest Florida, Inc. and refinancing certain outstanding indebtedness.

WHY ACTION IS NECESSARY:

Authorizes Industrial Development Authority to issue industrial development bonds pursuant to Chapter 159, Florida Statutes.

WHAT ACTION ACCOMPLISHES:

Provides Board consideration of proposed Industrial Development Authority Bonds as required by Internal Revenue Code and Florida Statutes. Board approval will authorize and adopt approving bond issuance resolution.  (#20040177-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).  (#20040182-Clerk of Courts) 

(b)

ACTION REQUESTED:

Approve payment of delinquent tax overbid claim-Ellen M. Rotermund 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.  (#20040155-Clerk of Courts) 

(c)

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.  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.  (#20040183-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:

Adopt resolution amending the Shell Point DRI Development Order Map H.

WHY ACTION IS NECESSARY:

Florida Statutes requires Board approval of amendments to developments of regional impact.

WHAT ACTION ACCOMPLISHES:

Amends the Master Development Plan (Map H) for the Shell Point DRI to an expedited process in accordance with Florida Statutes and the Lee County Land Development Code.  (#20040146-County Attorney)

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS