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District #1 Bob
Janes |
District #2 Douglas St. Cerny Chairman |
District #3 Ray
Judah
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District #4 Tammy Hall Vice Chair |
District #5 John E. Albion |
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Donald D. Stilwell, County Manager |
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Robert W. Gray, Deputy
County Attorney |
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January 4, 2005 |
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
Gregory Ford |
First
Assembly Cornerstone Christian Center |
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Pledge
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Presentations: |
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(Commissioner
Judah-#20041699) |
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Recap |
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Public
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Items
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Motion
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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
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Adjourn |
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January 4, 2005
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1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Authorize Budget Amendment Resolutions for the
receipt of $31,144,945 of bond proceeds from the Transportation Facilities
Revenue Refunding Bonds, Series 2005A and related budget adjustments. WHY ACTION
IS NECESSARY: Budget Amendment Resolutions must be approved to
receive bond proceeds. WHAT ACTION
ACCOMPLISHES: Establishes the accounts necessary to receive bond
proceeds. (#20041700-Budget Services) |
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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 Exterior Painting of
the Lee County Justice Center and Jail Complex & Restoration of Sealants and
Granite at the Lee County Justice Center Annex, to Target Builders Inc., with
a Guaranteed Maximum Price of $934,471.00 (includes CM fee of $62,329.00 or
6.7%). Final completion of this project is expected to be six (6) months. 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. Also
approve Budget Transfer of $130,000 from the JC Annex Granite/Joint Sealing
project to the JC Exterior Refurbishment project and amend FY04/05-08/09 CIP. WHY ACTION IS
NECESSARY: Board
approval is required. WHAT ACTION
ACCOMPLISHES: Provides
the County with a Construction Manager to provide exterior painting of the
Lee County Justice Center and Jail Complex and restoration of the sealants
and granite at the Lee County Justice Center Annex. (#20041640-Construction and Design) |
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ACTION
REQUESTED: Approve Supplemental Task Authorization (STA) No.
25, Contract 1115, with W. Dexter Bender & Associates, Inc., under
CN-99-17, COUNTYWIDE ENVIRONMENTAL CONSULTING, Lee County Docking Facility at
Bowditch Point, in the not-to-exceed amount of $10,000.00, for work
previously started under STA Nos. 6 and 23 (with a total for STAs 6, 23, and
25 of $58,400.00). WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Provides the County with Consultant services for
additional permit tracking and coordination which includes preparing and submitting responses
for additional information that may be required by the regulatory agencies in
the processing of the application.
(#20041696-Construction and Design) |
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ACTION
REQUESTED: Approve the Construction Manager Agreement for
RFQ-01-04, COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, with
Casey Construction for additional seating at the City of Palms Stadium with a
Guaranteed Maximum Price (GMP) in the amount of $526,127.45 (includes the CM
fee of $39,092.45). Also, approve
waiving of 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 the County with a Construction Manager
for the construction of additional seating at the City of Palms Stadium. (#20041701-Construction and Design) |
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ACTION
REQUESTED: Approve Addendum to the Construction Manager
Agreement for RFQ-01-04, COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION
MANAGEMENT, with Casey Construction for the Red Sox Training Facility project
with a Guaranteed Maximum Price (GMP) in the amount of $313,677.95 (includes
the CM fee of $25,193.88). Also,
approve waiving of 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 the County with a Construction Manager
for the addition of a weight room training facility for the Red Sox baseball
team at the minor league training facility.
(#20041702-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 3810 6th St. W., Lehigh Acres,
Florida, and adopt a resolution, setting a Public Hearing for 5:00 PM on the
25th day of January 2005.
(Case No. VAC2004-00060) WHY ACTION
IS NECESSARY: To build a single-family residence 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. (S27-T44S-R26E) (#5)
(#20041644-Development Services) |
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5. |
HUMAN SERVICES |
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ACTION
REQUESTED: Approve Program
Amendments to Lee County's HUD CDBG Program for HUD Fiscal Years 2003 and
2004 activities and authorize the Chairman to sign the HUD Transmittal Letter
and sub recipient contracts if any. WHY ACTION
IS NECESSARY: HUD and the Lee County Board of County
Commissioners require review and approval of any substantial changes in CDBG
projects. This approval will allow
staff to proceed with the eligible projects for homeless residents. WHAT ACTION
ACCOMPLISHES: Allows for reallocation of funds to prioritized
activities. (#20041601-Human
Services) |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Authorize: (1) approval of Easement Purchase
Agreement for acquisition of Parcel 116 and 210, Gunnery Road Widening.
Project 4055, in the amount of $1,000.00; (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 this transaction and grant time extension to close, if
necessary. WHY ACTION
IS NECESSARY: The Board must accept all real estate conveyances to
Lee County. WHAT ACTION
ACCOMPLISHES: Allows the County to proceed with the project
without resorting to Eminent Domain proceedings. (#20041562-County Lands) |
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ACTION
REQUESTED: Authorize: (1) approval of Easement Purchase
Agreement for acquisition of Parcel 118, Gunnery Road Widening. Project 4055,
in the amount of $500.00; (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
this transaction and grant time extension to close, if necessary. WHY ACTION
IS NECESSARY: The Board must accept all real estate conveyances
to Lee County. WHAT ACTION
ACCOMPLISHES: Allows the County to proceed with the project without
resorting to Eminent Domain proceedings.
(#20041567-County Lands) |
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ACTION
REQUESTED: Authorize: (1) approval of Easement Purchase
Agreement for acquisition of Parcel 150, Gunnery Road Widening. Project 4055,
in the amount of $500.00; (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
this transaction. WHY ACTION
IS NECESSARY: The Board must accept all real estate conveyances
to Lee County. WHAT ACTION
ACCOMPLISHES: Allows the County to proceed with the project
without resorting to Eminent Domain proceedings. (#20041617-County Lands) |
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ACTION REQUESTED: Accept ten Quit-Claim Deeds for right-of-way
necessary for the Dewberry Lane Special Improvement MSBU for maintenance of
existing roads and streetlights; authorize the Division of County Lands to
handle and accept all documentation necessary; authorize payment of recording
fees. WHY ACTION IS NECESSARY: Dewberry Lane is currently a privately owned road
and the County cannot initiate maintenance without obtaining ownership. WHAT ACTION ACCOMPLISHES: Acquisition of right-of-way via Quit-Claim Deeds
from benefited property owners.
(#20041638-County Lands) |
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ACTION
REQUESTED: Approve Purchase Agreement for acquisition of
Parcels 100, 101 & 101SE Corkscrew Road Service Area (CRSA) MSBU Road
Widening Project No. 4723, in the amount of $938,808; 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: Acquisition of property necessary for the widening
of Corkscrew Road. (#20041648-County
Lands) |
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ACTION
REQUESTED: Approve the acquisition of Parcel 201, Ten Mile
Linear Park, Project No. 2001 in the amount of $49,500 pursuant to the
Purchase Agreement; 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
voluntary acquisition of property thus avoiding the Board’s need to exercise
its power of Eminent Domain.
(#20041661-County Lands) |
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ACTION
REQUESTED: Approve the acquisition of Parcel 202, Ten Mile
Linear Park, Project No. 2001 in the amount of $49,500 pursuant to the
Purchase Agreement; 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
voluntary acquisition of property thus avoiding the Board’s need to exercise
its power of Eminent Domain.
(#20041662-County Lands) |
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ACTION
REQUESTED: Approve Purchase Agreement for acquisition of
Parcel 314, Three Oaks Parkway South Extension Project No. 4043, in the
amount of $229,000; 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 Board avoids Eminent Domain. (#20041673-County Lands) |
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ACTION
REQUESTED: Approve Purchase Agreement for acquisition of
Parcel 265, Three Oaks Parkway South Extension Project No. 4043, in the
amount of $275,000; 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 Board avoids Eminent Domain. (#20041674-County Lands) |
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ACTION
REQUESTED: Approve the award of Project # EX050123, the
purchase of Cisco network hardware and maintenance, for ITG, at Florida State
Contract pricing, from Solarcom LLC.
Grand total cost:
$52,783.25. Permission is also
requested to purchase the annual maintenance for the useful life of this
hardware at annual cost of approximately $5,000 per year. WHY ACTION
IS NECESSARY: Purchases over $50,000 must be approved by the
Board. WHAT ACTION
ACCOMPLISHES: Allows ITG to replace items lost in Hurricane
Charley. These items are spare parts
for various pieces of networking equipment throughout the County. Having spares on hand for critical
networking devices in the event of an outage helps to reduce downtime and
maintenance costs. (#20041682-ITG) |
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ACTION
REQUESTED: 1) Approve award of Project # EX050137, the
purchase of Microsoft full platform enterprise license for County-wide use
for ITG through an enterprise agreement offered on Florida State Contract No.
255-001-01-1 from Software House International; and authorize the Board
Chairman on behalf of the BOCC to execute and sign the accompanying
contracts. The term of the agreement
is three years at a total cost of: $1,037,790 ($345,930 X 3 years). Further, since new computers/users are
constantly being added to the County’s network; authority is requested to
expend a not-to-exceed amount of $25,000 for year one; $30,000 for year two;
and $35,000 for year three to cover additional machines which will require
licensure. 2) Approve change order
#14 to Lee County contract no. 2778 with Atos Origin under CN-02-28,
Information Technology and Telecommunications outsourcing services and
provide consulting services for the Microsoft migration. $410,000. 3)
Approve the purchase of a storage area network/network attached storage
device-$299,500 from Dell under the WSCA pricing agreement. WHY ACTION
IS NECESSARY: Purchases over $50,000 must be approved by the
Board. WHAT ACTION
ACCOMPLISHES: Allows ITG to migrate to Microsoft product across
the bulk of the network, eliminating the need for Novell software, reducing
the Oracle licenses and decreasing the number of servers running Oracle;
resulting in a savings to taxpayers of approximately $1.5 million over the
next five years (please see Attachment #1–Executive Summary). (#20041709-ITG) |
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7. |
PUBLIC SAFETY |
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ACTION
REQUESTED: Authorize Chairman to approve a Certificate of
Public Convenience and Necessity (CON) to the South Trail Fire Protection and
Rescue Service District to conduct advance life support (ALS) non-transport
service, emergency medical service care. WHY ACTION
IS NECESSARY: Commission Chairman’s signature is required to
execute CON. WHAT ACTION
ACCOMPLISHES: Grants the applicant license to provide ALS
service in accordance with State law and provision Contained in Lee County Ordinance 02-19. (#20041670-EMS) |
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ACTION
REQUESTED: Authorize Chairman to execute Memorandum of
Understanding between the Department of Community Affairs and the Lee County
Board of County Commissioners, in the amount of $68,064.83 to purchase a Tow
Vehicle to transport the trailer mounted Emergency Deployable
interoperability Communications System (EDICS). Approve Budget amendment resolution in the amount of
$68,065.00. WHY ACTION
IS NECESSARY: Commission Chairman’s signature is required to
execute the modification. WHAT ACTION
ACCOMPLISHES: The Memorandum of Understanding provides funding
to purchase a Tow Vehicle to deliver the EDICS communication package to the
requesting agency.
(#20041694-Emergency Management) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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9. |
TRANSPORTATION |
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ACTION REQUESTED: To establish 9 landscape projects funded by
communications tax and amend FY 04/05-08/09 CIP accordingly. Also, approve
budget transfer and budget resolution in the amount of $9,000,000. WHY ACTION
IS NECESSARY: Requires BOCC approval for all amendments to CIP. WHAT ACTION
ACCOMPLISHES: Allows Lee County to proceed with landscaping
projects on US 41 throughout Lee County.
(#20041667-Transportation) |
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ACTION
REQUESTED: Approve budget transfer in the amount of $105,000
to establish Palm Beach Blvd. & I-75 Interchange Landscape and Irrigation
project, and amend FY 04-05 – 08-09 Capital Improvement Program. WHY ACTION
IS NECESSARY: Board approval required for amendments to CIP. WHAT ACTION
ACCOMPLISHES: Provides funds to start Palm Beach Blvd. &
I-75 Interchange Landscape and Irrigation project. (#20041680-Transportation) |
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ACTION
REQUESTED: Concur with the ranking of Consultants by the
Competitive Negotiations Committee for CN-05-01 SIX MILE CYPRESS FOUR LANING
– NO. OF DANIELS TO SO. OF WINKLER EXTENSION, in the following order of
ranking, and authorize contract negotiations to commence with the number one
ranked firm: (1) Johnson Engineering, Inc.; (2) AIM Engineering, Inc.; (3)
T.Y. Lin International. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Provides County with a consultant to design and
permit the four-lane widening of Six Mile Cypress Parkway from North of
Daniels Parkway to South of Winkler Extension. The design will consist of a four-lane roadway with median
connecting the existing four-lane roadway at each end of the project. (#20041688-Transportation) |
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10. |
UTILITIES |
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ACTION REQUESTED: Approve construction of water main and gravity
main extensions serving Castelli &
Anacapri at Miromar Lakes. This
is a Developer contributed asset and the project is located approximately
1-1/2 miles south of Alico Road and ¼ of a mile east of Ben Hill Griffin
Parkway. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this proposed single-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.
(#20041497-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
system, a gravity main extension and one (1) 4” diameter fire line serving Miromar Lakes Golf Clubhouse. 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 the clubhouse for this residential development. WHAT ACTION ACCOMPLISHES: Places the water and sewer systems into operation
and complies with the Lee County Utilities Operations Manual. (#20041570-Utilities) |
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ACTION
REQUESTED: Approve final acceptance, by Resolution, and
recording of two (2) Utility Easements as a donation for a water main
relocation serving Palm Island, Phase II-A, Lot 63. This is a developer
contributed asset project located on the north side of Hancock Bridge Parkway
approximately ½ mile east of Orange Grove Boulevard. WHY ACTION
IS NECESSARY: To provide potable water service and fire
protection this phase of the residential development. WHAT ACTION
ACCOMPLISHES: Places the relocated water main into operation and
complies with the Lee County Utilities Operations Manual. (#20041572-Utilities) |
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ACTION REQUESTED: Approve final acceptance, by Resolution, as a
donation of three (3) potable water services and a force main extension
serving Tuffy Auto Service Center. This is a Developer Contributed asset project located on the
west side of S. Tamiami Trail, just south of Constitution Boulevard. WHY ACTION IS NECESSARY: To provide potable water and sanitary sewer
service to the recently constructed commercial building. WHAT ACTION ACCOMPLISHES: Places the force main into operation and complies
with the Lee County Utilities Operations Manual. (#20041573-Utilities) |
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ACTION REQUESTED: Approve final acceptance, by Resolution, and
recording of one (1) Utility Easement as a donation of a fire hydrant and one
(1) 4” diameter fire line serving Crestwell
Higher Learning School. This is
a Developer Contributed asset project located on the north side of Park
Meadows Drive, approximately 600’ west of S. Cleveland Avenue. WHY ACTION IS NECESSARY: To provide fire protection to the existing
educational facility. WHAT ACTION ACCOMPLISHES: Places the fire hydrant and fire line into
operation and complies with the Lee County Utilities Operations Manual. (#20041574-Utilities) |
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11. |
PARKS AND RECREATION |
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ACTION REQUESTED: Approve Lee County Parks and Recreation Letter of
Agreement with Arthritis Foundation, Florida Chapter. WHY ACTION
IS NECESSARY: Approval of this agreement will allow Lee County
Parks and Recreation to provide the Arthritis Foundation Aquatic Programs. WHAT ACTION
ACCOMPLISHES: This agreement will allow our staff to become
certified through the Arthritis Foundation and provide a variety of aquatic
exercise classes at our four year round pools. (#20041496-Parks &
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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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).
(#20041645-Clerk of Courts) |
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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.
(#20041668-Clerk of Courts) |
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January
4, 2005
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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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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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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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ACTION REQUESTED: Approve the Resolution of Necessity for the
acquisition and condemnation of parcels in Phase I, required for the Three
Oaks Parkway South Extension Project (East Terry Street north to within the
Brooks Subdivision), No. 4043. WHY ACTION IS NECESSARY: The Board must formally approve the Resolution of
Necessity prior to proceeding with condemnation of parcels 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 South
Extension Project (East Terry Street north to within The Brooks), No.
4043. (#20041560-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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January 04, 2005
Walk On |
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ACTION REQUESTED:
WHY ACTION IS NECESSARY:
WHAT ACTION ACCOMPLISHES:
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| Walk On | |
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ACTION REQUESTED:
WHY ACTION IS NECESSARY:
WHAT ACTION ACCOMPLISHES: |
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| Walk On | |
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ACTION REQUESTED:
WHY ACTION IS NECESSARY:
WHAT ACTION ACCOMPLISHES: |