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

 

 

September 7, 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 Becky Robbins-Pennman

Lamb of God Lutheran Church

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

 

 

·         

Library Card Sign-up Month Resolution

 

 

(Commissioner Janes-#20041112)

 

 

·         

National Alcohol and Drug Addiction Recovery Month Resolution

 

 

(Commissioner Judah-#20041114)

 

 

·         

South Fort Myers Little League All-Stars Championship Resolution

 

 

(Commissioner Judah-#20041115)

 

 

 

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

September 7, 2004

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

BOCC renew five-year contract with Roy Hobbs Diamond Enterprises, enabling Lee County to host Roy Hobbs World Series through 2009.

WHY ACTION IS NECESSARY:

Contract is necessary to retain Roy Hobbs World Series.

WHAT ACTION ACCOMPLISHES:

BOCC to approve contract term for a period of five (5) years commencing on December 1, 2004 and terminating on November 30, 2009.  (#20041100-Sports Authority)

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

Approve Budget Amendment Resolution in the amount of $125,000 for the Lee County Tax Collector’s contribution to fund the Cape Coral Drivers License Build Out project and amend FY 03/04 – 07/08 CIP accordingly.

WHY ACTION IS NECESSARY:

Board approval is required for revisions to CIP.

WHAT ACTION ACCOMPLISHES:

The establishment of the Cape Coral Drivers License Build Out project authorizes planning to begin so that the Cape Coral Government Complex can be renovated to accommodate the processing for the renewal of driver’s licenses.  (#20041080-Construction and Design)

 

 

(b)

ACTION REQUESTED:

Approve Change Order No. 12 to Barany Schmitt Summers Weaver & Partners Inc. for CN-01-03 Justice Center Expansion, Contract No. 1785, for the Phase 3 Remodeling in the amount of $368,683.00.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

The Consultant will provide, under Change Order No. 12, remodeling of Third Floor Pods A, B, and C and Pod D on the 1st, 2nd, and 3rd floors for the Lee County Justice Center Expansion.  (#20041095-Construction and Design)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve Purchase Agreement for the acquisition of the Grace United Methodist Church of Cape Coral, Inc. parcel, located at 17251 and 17281 North Tamiami Trail, North Fort Myers (STRAP Nos. 22-43-24-01-00001.0440 & .0410) in the amount of $1,100,000, pursuant to the terms and conditions set forth in the Purchase Agreement. Authorize payment of costs to close and the Division of County Lands to handle and accept all documentation necessary to complete this transaction. Also approve Budget Resolution in the amount of $1,200,000 for the Lee County Tax Collector’s contribution to fund the Tax Collector’s North Fort Myers Branch Office and amend FY 03/04 - 07/08 CIP accordingly.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

The purchase of the Grace United Methodist Church property for necessary office space for the Lee County Tax Collector.  (#20041052-County Lands)

 

 

(b)

ACTION REQUESTED:

Authorize application to Florida Department of State, Division of Library and Information Services for fiscal year 2005 State Aid to Libraries Grant

WHY ACTION IS NECESSARY:

State Statutes require application by October 1, 2004, to be considered eligible for Chapter 257 funds.

WHAT ACTION ACCOMPLISHES:

Allows staff to recommend Lee County to apply for 2004 State Aid to Libraries grant funds.  (#20041060-Library)

 

 

(c)

ACTION REQUESTED:

Execute Library Services & Technology Act (LSTA) grant agreement for English Café-Year 2 in the amount of $42,000.  The grant will expire on September 30, 2005.

WHY ACTION IS NECESSARY:

Board approval required to execute grant agreement.

WHAT ACTION ACCOMPLISHES:

Executes the grant agreement, accepts $42,000 as unanticipated revenue, designates grant expenditures.  (#20041091-Library)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Award B-04-24, WATER & WASTEWATER SLUDGE HAULING AND DISPOSAL, for the Division of Utilities, to the lowest responsive/responsible bidder meeting all bidding requirements to Karle Enviro-Organic Recycling, Inc. for a total not-to-exceed amount of $1,110,132.00. This contract will be for a period of One (1) year with Four (4) one-year renewable terms for a total of Five (5) years.

WHY ACTION IS NECESSARY:

Requires Board Approval.

WHAT ACTION ACCOMPLISHES:

Approves the services of a Contractor to provide Florida Department of Environmental Protection (FDEP) approved sludge disposal sites and to provide wastewater and water sludge hauling and disposal services.  (#20041065-Utilities)

 

 

(b)

ACTION REQUESTED:

Approve for acceptance and filing with the Clerks Office, Minutes Department, an after-the-fact emergency under E-03-08 GES Resolution No. 03-07-08 for Supplemental Task Authorization (STA) No. 4 to MWH Americas, Inc., for CN-01-11 Miscellaneous Utility Engineering Design and/or Inspection Services (Contract No. 1869), to expand the Three Oaks Water Reclamation Facility (WRF) capacity from 3.0 mgd AAF to 6.0 mgd by using the Design-Build construction method, for a Lump Sum total amount of $231,150.00.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Provides after-the-fact approval under the emergency GES Resolution for STA No. 4 to expand the Three Oaks Water Reclamation Facility (WRF) capacity using the Design-Build construction method of 1) preparation of the preliminary design documents and 2) development of the guaranteed maximum price (GMP) for the expansion to 6.0 mgd.  (#20041067-Utilities)

 

 

(c)

ACTION REQUESTED:

Approve construction of the water distribution and gravity collection systems serving Moody River Estates, Phase 1. This is a Developer contributed asset project located on the south side of Hancock Bridge Parkway approximately ½ mile east of Orange Grove Blvd.

WHY ACTION IS NECESSARY:

To provide potable water service, sanitary sewer service and fire protection to this phase of the proposed residential subdivision.

WHAT ACTION ACCOMPLISHES:

Complies with the Lee County Utilities line extension policy and provides adequate utility infrastructure to support development of this phase of the subject property.  (#20041074-Utilities)

 

 

(d)

ACTION REQUESTED:

Approve construction of a water and force main extension, serving Prentiss Pointe.  This is a Developer contributed asset and the project is located on the east side of Winkler Road just south of Summerlin Road.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection, sanitary sewer service to this proposed multi-family residential development.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20041075-Utilities)

 

 

(e)

ACTION REQUESTED:

Approve final acceptance, by Resolution, as a donation of water distribution and gravity collection systems serving Tropical Cove a/k/a Tropical Court.   This is a Developer contributed asset project located on the west side of Winkler Road Extension, approximately 1.5 miles south of Summerlin Road.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Places the water and sewer systems into operation and complies with the Lee County Utilities Operations Manual.  (#20041076-Utilities)

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Approve a request to reconvey those rights held by the County in that portion of an unbuilt Viewer’s Road located in Section 5, Township 46 South, Range 24 East, to the current property owner, authorize the Chairman to execute a County Deed for this purpose and authorize the County Attorney’s Office to handle and complete all documentation necessary.

WHY ACTION IS NECESSARY:

Board approval is necessary to reconvey the County’s rights in an unbuilt portion of a Viewer’s Road in accordance with §255.22, F.S.

WHAT ACTION ACCOMPLISHES:

Releases to the requesting property owner any right, title or interest held by the County in an unbuilt portion of the Viewer’s Road at this location.  (#20041032-County Attorney)

 

 

(b)

ACTION REQUESTED:

Approve Resolution of Necessity for the acquisition and condemnation of Parcels 101, 101E, 103A, 103B, 105, 105A, 110, 112, 116, 117, and 118 for the Three Oaks Parkway Widening, Project No. 4081.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

The Resolution of Necessity allows the County to proceed with condemnation, if necessary, so parcels can be obtained for the Three Oaks Parkway Widening Project.  (#20041053-County Attorney)

 

 

(c)

ACTION REQUESTED:

Approve a request to reconvey those rights held by the County in that portion of an unbuilt frontage road easement on the east side of U.S. 41 in Section 36, Township 45 South, Range 24 East, to the current property owners, authorize the Chairman to execute a County Deed for this purpose and authorize the County Attorney’s Office to handle and complete all documentation necessary.

WHY ACTION IS NECESSARY:

Board approval is necessary to reconvey the County’s rights in an unbuilt portion of a frontage road easement in accordance with §255.22, F.S.

WHAT ACTION ACCOMPLISHES:

Releases to the requesting property owner any right, title or interest held by the County in an unbuilt portion of the frontage road easement at this location.  (#20041098-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).  (#20041094-Clerk of Courts)

 

 

(b)

ACTION REQUESTED:

Board approval and Chairman’s signature on Form 8038-T for payment of arbitrage liability, as required by the 1993 Regulations to the U.S. Treasury for a total of $17,372.88.

WHY ACTION IS NECESSARY:

To comply with 1993 Regulations as set forth by the Internal Revenue Service (IRS).

WHAT ACTION ACCOMPLISHES:

Remits yield reduction payment for Lee County, Florida Capital Refunding Revenue Bonds, Series 1999A.  (#20041096-Clerk of Courts)

 

 

ADMINISTRATIVE AGENDA

September 7, 2004

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Approve the selection of underwriters for the Five Cent Local Option Gas Tax Refunding Revenue Bonds, Series 2004.

WHY ACTION IS NECESSARY:

Board must approve selection of the underwriters for the Five Cent Local Option Gas Tax Refunding Revenue Bonds, Series 2004.

WHAT ACTION ACCOMPLISHES:

Provides underwriter selection for the Five Cent Local Option Gas Tax Refunding Revenue Bonds, Series 2004.  (#20041051-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

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

 

WALK ON AGENDA ITEMS
September 7, 2004

 

(#1)

Walk On

 

ACTION REQUESTED:
Authorize Chairman to execute Modification #1 to Pre-Disaster Mitigation Agreement with the Department of Community Affairs to extend the agreement to September 3, 2004. (#20041145-Emergency Management)

REASON FOR WALK ON:
To meet signatory requirements due to the time restraint.

 

(#2)

Walk On

 

 

ACTION REQUESTED:
Adopt an Emergency Ordinance relating to the removal of hurricane debris from public and private property by federal agencies during declared emergencies, to include the removal of damaged residences declared unsafe for habitation (#20041154-County Attorney)
REASON FOR WALK ON:
To provide the U.S. Government with authorization to assist in hurricane debris removal and emergency housing.

 

 

(#3)

Walk On

 

ACTION REQUESTED:
Execute United States Department of Agriculture, Natural Resources Conservation Service (NRCS) Project Agreement No. 65-4209-4-1630 for emergency watershed protection measures to relieve hazards and damage created by Hurricane Charley.  NRCS will provide a not to exceed amount of $342,500 for debris removal and disposal from canals and waterways in Lee County.  Approve budget amendment in the amount of $342,500 for NRCS- Hurricane Charley, Project No. 0767 and approve transfer from General Fund Reserves in the amount of $114,167 for Lee County contribution.  (#20042256-Natural Resources)
REASON FOR WALK ON:
Funds will provide for emergency and necessary clean-up to the canals and waterways heavily impacted by Hurricane Charley.

 

(#4)

Walk On

 

ACTION REQUESTED:
Approve fourth extension of Declaration of State of Local Emergency originally declared on August 11, 2004, and extended for an additional (7) days on August 17, 2004, August 24, 2004 and August 31, 2004, relating to Hurricane Charley.  This extension will be in effect from September 7, 2004 until September 14, 2004.  (#20041158-County Attorney)
REASON FOR WALK ON:
Actions must be taken as expenditiously as possible as part of the Board's on-going legislative actions concerning Hurricane Charley, and now, Hurricane Frances.

 

(#5)

Walk On

 

ACTION REQUESTED:
Confirm and accept for both filing and the Clerk's Minutes cataloging purposes, Lee County Resolution Nos. 04-09-01 and 04-09-02, relating to the Declaration of Local Emergency and granting emergency authorization to the agencies of the U.S. Government for debris clearing as adopted by the County on September 3, 2004 and September 2, 2004, respectively, relating to Hurricanes Frances and Charley, respectively.  (20041159-County Attorney)
REASON FOR WALK ON:
Actions must be taken as expeditiously as possible as part of the Board's on-going legislative actions concerning Hurricane Charley, and now, Hurricane Frances.

 

(#6)

Walk On

 

ACTION REQUESTED:
Approve Change Order No. 2 to Contract 1848 with Crowder/Gulf Joint Venture, for RFP-01-03 DISASTER RECOVERY SERVICES for an amount NTE $50,000 to clear debris from trailer pad sites at Pink Citrus Mobile Home Park.  (20041162-Emergency Management)
REASON FOR WALK ON:
To allow work to commence immediately to remove construction and demolition debris from the Pink Citrus Trailer Park.