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District #1 Bob
Janes |
District #2 Douglas St. Cerny Vice Chairman |
District #3 Ray
Judah
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District #4 Andrew W. Coy |
District #5 John E. Albion Chairman |
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Donald D. Stilwell, County Manager |
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Robert W. Gray, Deputy
County Attorney |
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October 19, 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
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9:30
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Invocation: |
Pastor
Steve Hess |
Zion
Lutheran Church |
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Pledge
of Allegiance |
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Presentations: |
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(Commissioner
Judah-#20041308) |
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Recap |
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Public
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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
19, 2004
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1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Establish the Smart Growth Director position as a
permanent position and the Smart Growth Advisory Committee as a permanent
committee. WHY ACTION
IS NECESSARY: Original authorization for director position and
committee was for three years (two years with one year renewal option),
starting October 23, 2001. WHAT ACTION
ACCOMPLISHES: Gives permanence to a position and committee that
has become integral to accomplishing the county’s long-term Smart Growth
goals and objectives.
(#20041306-County Manager) |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION
REQUESTED: Approve change of ownership of lease for 2201
Second Street, Fort Myers, Florida, from Wachovia Bank, National Association
to First States Investors 3300, LLC.
Lee County leases 10,616 square feet in Suite 300, and 3,861 square
feet of space in Suite 400 of this building. WHY ACTION
IS NECESSARY: Board must approve all lease agreements and
changes in ownership of those leases. WHAT ACTION
ACCOMPLISHES: Enables Lee County to be able to send rental
payments and notices to the new owner. (#20041301-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 to Vacate a 12-foot wide Public
Utility Easement located at 5559 6th St. W. Lehigh Acres, Florida
33971, and adopt a resolution, setting a Public Hearing for 5:00 PM on the 9th
day of November, 2004. (Case No.
VAC2004-00052) WHY ACTION
IS NECESSARY: To construct a light industrial building on the
combined 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. (#20041255-Development Services) |
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5. |
HUMAN SERVICES |
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ACTION
REQUESTED: Approve and execute a contract between the State
of Florida, Department of health and the Lee County Board of County
Commissioners for services provided by the Lee County Health Department from
October 1, 2004 through September 30, 2005 which provides $1,397,760
in cash and additional in kind resources. WHY ACTION
IS NECESSARY: To provide County funds in the amount of $1,397,760
for public health services, retention of the County assessed portion of
public health fees and other revenues, and in-kind services. Funds were approved during the Fiscal Year
2005 Budget Public Hearings. WHAT ACTION
ACCOMPLISHES: Provides County funding
and support to the Lee County Health Department. (#20041289-Human
Services) |
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ACTION
REQUESTED: Authorize Chairman to sign contract with The
Nations Association, Inc. in the amount of $20,000 to reimburse the agency
for unforeseen expenses related to Hurricane Charley that were not reimbursed
by another agency. WHY ACTION
IS NECESSARY: To provide funding to The Nations Association,
Inc. WHAT ACTION
ACCOMPLISHES: Reimburses The Nations Association, Inc. for
hurricane related expenses.
(#20041295-Human Services) |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Approve Purchase Agreement for acquisition of
Parcel 340-RW, Three Oaks Parkway South Extension Project No. 4043, in the
amount of $2,500; 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 Board avoids Eminent Domain. (#20041225-County Lands) |
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ACTION
REQUESTED: Approve the 1st addendum to the
Interlocal Agreement for Animal Services to provide comprehensive services to
the City of Cape Coral and the City of Fort Myers. WHY ACTION
IS NECESSARY: Provide recalculation of appropriate fees for the
municipalities. WHAT THE
ACTION ACCOMPLISHES: Distribution of costs based on services used. (#20041268-Animal Services) |
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7. |
PUBLIC SAFETY |
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ACTION
REQUESTED: Approve and execute the Emergency Management
Preparedness and Assistance (EMPA) Base Grant Agreement with the Florida
Department of Community Affairs which provides a $102,959 grant to enhance
the county=s emergency management program. Authorize four grant funded part-time
employees (two for 16 hours and two for 24 hours per week). Approve Budget Amendment Resolution in the
general fund for FY04 in the amount of $102,959. WHY ACTION
IS NECESSARY: State law requires Board approval of allocation
before expenses can be applied against the grant funding. WHAT ACTION
ACCOMPLISHES: Furnishes funding to improve the county=s emergency program in a
manner consistent with the State Emergency Management Plan and supporting
programs. (#20041263-Emergency
Management) |
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ACTION
REQUESTED: Authorize Chairman to execute an agreement with
the Department of Community Affairs for Regional Domestic Security Task Force
(RDSTF) Plan Development funding in the amount $64,583. Approve budget resolution in like amount. WHY ACTION
IS NECESSARY: Board approval is required for all agreements. WHAT ACTION ACCOMPLISHES: Provides financial support to Lee County to
develop RDSTF plans, procedures, SOPs, protocols, assessments, specifications
and standards. (#20041285-Emergency
Management) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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9. |
TRANSPORTATION |
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ACTION REQUESTED: Approve Local Agency Program Agreement with Florida Department of Transportation and Tri-party Cooperative Agreement with Federal Highway Administration, The Florida Department of Transportation and Lee County for the Colonial Blvd. @ Metro Pkwy Queue Jump Design. Also approve authorizing resolutions for Chairman to execute agreements as well as budget amendment resolution. Approve budget transfer from Gas Tax Reserves and amend FY 04-05-08-09 CIP accordingly. WHY ACTION IS NECESSARY: Requires BOCC approval for agreements and amendments to Capital Improvement Program. WHAT ACTION ACCOMPLISHES: Allows DOT to proceed with design value pricing queue jump, which will address point periodic congestion problems (bottlenecks) in the local transportation network. (#20041273-Transportation) |
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ACTION REQUESTED: Approve budget amendment resolution for the Local
Option Gas Tax Const. Fund #31202 in the amount of $194,371, which funds in
part the Alico Rd. 4 laning proj.
Also approve a transfer of funds in the Transportation Improvements
Fund #30700 to fund in part the Three Oaks Pkwy. Ext. project. Amend the FY 04/05-08/09 Capital
Improvement Program. WHY ACTION
IS NECESSARY: Requires BOCC approval for all amendments to CIP. WHAT ACTION
ACCOMPLISHES: Allows Lee County to expend funds, which have time
constraints so we will not incur penalties.
Funds are being shifted from reserves (account balance from 31202 of
$678,869.00) and from CIP #4053 – Three Oaks North (account 31202 in the
amount of $292,196.00), to #4030 –
Alico Rd. widening. The 31202 funding
is being replaced in the CIP #4053
with gas tax (30700) funding in an equal dollar amount. (#20041283-Transportation) |
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10. |
UTILITIES |
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ACTION REQUESTED: Approve construction of a water main extension
serving The Reserve at Estero – Sales Center. This is a Developer contributed asset and the project is
located along the north side of Estero Parkway approximately 1 mile east of
U.S. 41south. WHY ACTION IS NECESSARY: To provide potable water service and fire
protection to this proposed sale facility. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual. (#20041174-Utilities) |
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ACTION
REQUESTED: Approve final acceptance, by Resolution, as a
donation for one fire hydrant serving King
Sod, Phase 2. This is a Developer contributed asset
project located on the south side of Pondella Road, approximately 800’ west
of Orange Grove Boulevard. WHY ACTION
IS NECESSARY: To provide fire protection to this phase of the
recently constructed commercial project. WHAT ACTION
ACCOMPLISHES: Places the fire hydrant into operation and
complies with the Lee County Utilities Operations Manual. (#20041175-Utilities) |
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ACTION REQUESTED: Approve final acceptance, by Resolution and
recording of one (1) utility easement grant as a donation of a water main
extension, three (3) fire hydrants, one (1) 6” diameter fire line and a
gravity main extension serving The Park
Shops at Andrea Lane. This is a
Developer contributed asset project located on the northeast corner of S.
Tamiami Trail and Andrea Lane approximately ½ mile north of Six Mile Cypress
Parkway. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this recently constructed commercial project. WHAT ACTION ACCOMPLISHES: Places the water facilities and gravity main into
operation and complies with the Lee County Utilities Operations Manual. (#20041176-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 purchase of 13 Control Panels from the lowest bidder, Digital Control Corporation, for newly acquired GES lift stations in the amount of $104,122.00. 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 #53869 to Digital Control
Corporation for the purchase of 13 Control Panels for the newly acquired GES
lift stations. (#20041177-Utilities) |
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ACTION
REQUESTED: Approve final acceptance, by Resolution, and recording
of one easement as a donation for a water main extension, one 4” diameter
fire line, two fire hydrants, three water services serving T.I.B. Bank of the Keys Plaza. This is a
Developer contributed asset project located on the east side of Metro Parkway
and 1/4 mile north of Crystal Drive. WHY ACTION
IS NECESSARY: Provides potable water service and fire protection
to the recently constructed commercial development. WHAT ACTION
ACCOMPLISHES: Places the water main, fire line and fire hydrants
into operation and complies with the Lee County Utilities Operations
Manual. (#20041178-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 No. 03-07-08 for the purchase of 64 Motorola Receiver Transmitter
Units (RTUs) from DCR Engineering Services for Lee County Utilities lift
stations in the amount of $340,821.00. 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 #53333 to DCR Engineering
Services for the purchase of 64 RTUs for the LCU’s lift stations in the
amount of $340,821.00. (#20041236-Utilities) |
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ACTION
REQUESTED: Approve final acceptance, by Resolution, as a
donation for a hydrant branch line and one fire hydrant serving the HealthPark
Medical Offices. This is a
developer contributed asset project located on the west side of Bass
approximately 1/3 mile north of Summerlin Road. WHY ACTION
IS NECESSARY: To provide fire protection to the recently
constructed medical office building. WHAT ACTION
ACCOMPLISHES: Places the fire hydrant into operation and
complies with the Lee County Utilities Operations Manual. (#20041237-Utilities) |
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ACTION REQUESTED: Approve final acceptance, by Resolution and
recording of one (1) utility easement, as a donation of water distribution
and gravity collection systems and eight (8) 4” diameter fire lines serving Miromar Lakes, Mediterranean Village,
Phase 4 - Vivaldi. This is a
developer contributed asset project located on the east side of Ben Hill
Griffin Parkway approximately 1- 1/4 miles south of Alico Road. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this phase of the residential development. WHAT ACTION ACCOMPLISHES: Places the water and sewer systems into operation
and complies with the Lee County Utilities Operations Manual. (#20041238-Utilities) |
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ACTION REQUESTED: Approve final acceptance, by Resolution, as a
donation of water distribution and gravity collection systems and two (2) 4”
diameter fire lines serving Heritage Pointe – Phases 2B, 3A, 3B, 4A, 4B,
5 & 6. This is a Developer contributed asset
project located along Pine Ridge Road, approximately 2,000’ North of
Summerlin Road. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to these phases of the multi-family residential
development. WHAT ACTION ACCOMPLISHES: Places the water and sewer systems into operation
and complies with the Lee County Utilities Operations Manual. (#20041241-Utilities) |
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ACTION
REQUESTED: Approve award of Formal Quotation No.: Q-040523 SULFURIC ACID, for Utilities for
various Water Treatment Plants, to the low quoter meeting all specifications
requirements, Transammonia, Inc.; and authorize the Board Chairman on behalf
of the BOCC to execute and sign the accompanying purchasing agreement. This quotation shall be in effect for one
(1) year, or until new quotes are taken and awarded. Also, request authority to renew this
quote for four (4) additional one-year periods at the same terms and
conditions if in the best interest of Lee County. WHY ACTION
IS NECESSARY: As this expenditure will exceed $50,000.00; Board
approval is required. WHAT ACTION
ACCOMPLISHES: Provides the purchase of sulfuric acid on an as
needed basis for various water facilities within the Lee County Utilities
Department. Annual estimated savings to taxpayers: $120,000.
(#20041270-Utilities) |
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11. |
PARKS AND RECREATION |
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12. |
COUNTY ATTORNEY |
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ACTION REQUESTED: Approve the Confirmatory Easement to Watermen at
Parkway, LLC confirming the easement and access rights established by court
order. WHY ACTION IS NECESSARY: Board approval is necessary to execute a
confirmatory easement. WHAT ACTION ACCOMPLISHES: Confirms an easement established by court order
and removes a cloud on title.
(#20041288-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 authorize execution of Supplemental
Agreement No. 8 between the Lee County Port Authority and Johnson Engineering,
Inc. for various FY 2004/05 General Environmental and Planning Management and
Related Consulting Services in the amount of $235,480. Funds are available in account 41200; RSW
Operating and contingent upon final adoption of the FY 04-05 LCPA Budget. |
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ACTION REQUESTED: Request Board approve purchase and installation of
Telecommunications Data Equipment for the Midfield Terminal Complex from
Siemens Communications, Inc./Extreme off Florida State Contract No.
250-000-03-1 in the amount of $426,234.77. |
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ACTION REQUESTED: Request Board approve purchase and installation of
telecommincations Equipment (PBX)/Voice to provide telephone service for the
Midfield Terminal Complex from Sprint off Florida State Contract No.
730-650-99-1 in the amount of $294,979.91. |
RECONVENE AS BOARD OF COUNTY COMMISSIONERS
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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).
(#20041292-Clerk of Courts) |
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October
19, 2004
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1. |
COUNTY ADMINISTRATION |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION
REQUESTED: Award Construction Manager Agreement under
RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, for
the project known as Lee County Supervisor of Elections Center Renovations,
Phase 2, to Gary Wilkes, Inc. (Contract # 1740) for the Guaranteed Maximum
Price (GMP) of $805,046.00 (includes CM fee of $55,003.00). Also approve budget transfer from Capital
Improvement Fund reserves in the amount of $800,000 and amend FY 04/05-08/09
CIP for the Supervisor of Elections Center Project. 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 supplier of equipment and/or materials as a
cost/time saving measure. This
project is to reach final completion in 243 calendar days. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Provides the County with a Construction Manager
for Phase 2 of the renovation of the Elections Center Warehouse including,
but not limited to, HVAC, plumbing, electrical, alarm, fire protection,
carpentry, and painting.
(#20041291-Construction and Design) |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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ACTION
REQUESTED: Concur with the ranking of Consultants by the
Competitive Negotiations Committee for CN-04-17 BLASTING STUDY FOR LEE COUNTY,
in the following order of ranking, and authorize contract negotiations to
commence with the number one ranked firm: (1) TerraDinamica, and (2)
Precision Blasting Services. Further
authorize the Chairman on behalf of the Board to execute an agreement for an
amount not-to-exceed $185,000.00.
Funds were not budgeted for this item as it was Board directed. Board agreed to discuss source of funds,
including developer funds at the time of consultant ranking. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Consultants to provide an analysis of land
development blasting in the unincorporated part of the county. Other items to
be addressed in the study are an evaluation of alternative methods to
blasting, and state of the art techniques and options to reduce or eliminate
blasting impacts, including adverse human response. (#20041299-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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ACTION REQUESTED: Approve the
recommendations of the Solid Waste Collection Advisory Committee (SWCAC) and
staff, and authorize staff to incorporate the recommendations for collection
service levels in the Request for Qualification and Request for Bids for
Solid Waste Franchise Collection Services. WHY ACTION IS NECESSARY: The Board directed SWCAC
and staff to present recommendations to be considered, thereby the Board can
make key decisions on the County’s collection of solid wastes with the
public’s input. WHAT ACTION ACCOMPLISHES: Authorizes staff to proceed with the changes to be made through the procurement process of solid waste collections services in the new franchise collection contracts. (20041302-Solid Waste) |
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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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13. |
HEARING EXAMINER |
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14. |
PORT AUTHORITY |
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15. |
CONSTITUTIONAL OFFICERS |
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WALK ON AGENDA ITEMS
October 19,
2004
Walk On |
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ACTION REQUESTED:
REASON FOR WALK ON:
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ACTION REQUESTED: Execute grant award agreements for Lee County SHIP (State Housing Initiatives Partnership) 2004 Hurricane Season Disaster Mitigation and Recovery Funding Cycle. WHY ACTION IS NECESSARY: Chairman of the Board of County Commissioners must sign the grant award agreements. WHAT ACTION ACCOMPLISHES: Allows the county to enter into grant award agreements with non-profit affordable housing providers serving hurricane victims. (#20041322-Planning) REASON FOR WALK ON: Requested by Commissioner Albion. |
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ACTION REQUESTED: |