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

 

 

January 13, 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:

Randy Dawkins

Northside Christian Church

 

 

 

 

Pledge of Allegiance

 

 

 

 

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 until 5:00 PM

CONSENT AGENDA

January 13, 2004

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Authorize Budget Amendment Resolutions for the receipt of $48,850,601 of bond proceeds from the Transportation Facilities Revenue Bonds, Series 2004A and amend the FY03/04 – FY07/08 CIP Budget.

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.  (#20031502-Budget Services)

 

 

(b)

ACTION REQUESTED:

Authorize Budget Amendment Resolutions for the receipt of $61,673,892 of bond proceeds from the Transportation Facilities Revenue Bonds, Series 2004B 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.  (#20031503-Budget Services)

 

 

(c)

ACTION REQUESTED:

Appoint Mr. Peter Torell, VP of NationAir Insurance Agency, as Lee County’s “Agent of Record” for all insurance matters concerning Lee County’s Aircraft Hull and Liability Insurance.  Finally, approve an increase in the not-to-exceed cost for Aircraft Hull & Liability Insurance for any one-year period to $350,000.

WHY ACTION IS NECESSARY:

To provide continuous insurance coverage on EMS’s newly acquired helicopter  (Blue Sheet No. 20020821) valued at $5,000,000.  To increase the County’s Aircraft Liability Coverage on both aircraft from $5,000,000 to $20,000,000, which is closer to industry norms and protects the County from catastrophic losses.

WHAT ACTION ACCOMPLISHES:

The EMS helicopters provide a valued service to the citizens of the County and it is necessary to protect a substantial asset against loss and potential liability with the purchase of additional insurance coverage, as outlined above. (#20031513-Budget Services)

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

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 2nd Floor Renovations & Remodel to Target Builders Inc., for the CM fee of 6.7% or $60,150.00, with a Guaranteed Maximum Price of  $896,000.00 (includes 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 is required.

WHAT ACTION ACCOMPLISHES:

Provides the County with a Construction Manager which will provide any and all services  needed for the Lee County Justice Center 2nd Floor Renovation and Remodel.  (#20031499-Construction and Design)

 

 

(b)

ACTION REQUESTED:

Award the Construction Management Agreement under RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as San Carlos Park Elementary Sports Lighting to Lodge Construction Inc., for the CM fee of $28,550.22, with a Guaranteed Maximum Price of  $436,410.46 (includes 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 is required.

WHAT ACTION ACCOMPLISHES:

Provides the County with a Construction Manager which will provide any and all services  needed for the San Carlos Park Elementary Sports Lighting.  (#20031500-Construction and Design)

 

 

(c)

ACTION REQUESTED:

Approve increase to BW-04-02 repair and coating of Lee County Stadium roof beams to Aqua –Tight Systems in the amount of  $8,960.00 for a total bid waiver amount of $63,860.00.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Maintain the warranty of rust inhibitor product used on accessible portion of bleacher covers at Lee County Stadium in 2000. (#20031517-Facilities Management)

 

 

(d)

ACTION REQUESTED:

Approve Addendum to the Construction Manager Agreement, for RFQ-01-07 LEE COUNTY GUN RANGE, with Casey Construction, A Division of Karr Group Inc., (Contract #2025) to include the Guaranteed Maximum Price (GMP), in the amount of $7,226,000.00 (includes the 5% CM Fee or $344,095.24).  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:

Will provide a Construction Manager to construction the Lee County Gun Range for the Lee County Sheriff. (#20031498-Construction & Design)

 

 

(e)

ACTION REQUESTED:

Waive a minor informality and approve award of B-04-04 Page Park Community Club Building, for the Department of Human Services, to the sole bidder Gary Wilkes Inc., for a total lump sum contract amount of $70,459.00 (includes Alternate #1, Addition of Screen Room), for a contract period of 150 calendar days.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Will provide a general contractor for the construction of the proposed storage room addition, screen room and new septic system. (#20031516-Construction & Design)

 

 

(f)

ACTION REQUESTED:

Approve for acceptance and filing with the Minutes Department of the Clerk’s Office, an after-the-fact emergency under E-04-03, City of Palms Stadium Resolution No.03-11-31 and authorize entering into a Construction Manager Agreement with Casey Construction for remedial painting and repairs to the City of Palms Stadium for a Guaranteed Maximum Price (GMP) of $641,544.50 (includes the CM fee of $47,752.00).  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 is required.

WHAT ACTION ACCOMPLISHES:

Provides after-the-fact approval under the emergency City of Palms Resolution with a Construction Manager for remedial painting and repairs to the City of Palms Stadium.  (#20031515-Construction & Design)

 

 

(g)

ACTION REQUESTED:

For Facilities Management, MARS, approve five (5) new positions to maintain additional square footage acquired in the County, per MOU of 4/7/98 and amended 11/27/01.  Approved estimated $200,000 purchase of Aerial Lift Truck fro Altec Industries via GSA pricing in effect at the time.  Estimated costs for balance of FY04 for salaries, equipment, and operating expenses is $460,821.  For Facilities Management, Administration, approve three (3) new positions to maintain the level of service within the County and to provide staff for new programs within Facilities.  Estimated costs for the balance of FY04 are $136,764.  Approve budget transfer from General Fund Reserves in the amount of $597,585, and approve Budget Amendment Resolution for Fleet Management.

WHY ACTION IS NECESSARY:

Board approval is required for establishment of new positions, budget transfers and resolutions, and GSA purchases over $50,000.

WHAT ACTION ACCOMPLISHES:

To staff and equip Facilities Management and Maintenance & Repair Division at a level which will enable us to efficiently service the newly acquired City of Palms and 5-plex practice fields.  This sheet will also begin to position staffing for the upcoming purchase of the SunTrust Plaza building downtown.  (#20031497-Facilities Management)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Accept a Petition to Vacate a 12-foot wide Public Utility Easement located at 546 and 548 Empire Ave S., Lehigh Acres, Florida 33936, and adopt a resolution, setting a Public Hearing for 5:00 PM on the 27th day of January 2004.  (Case No. VAC2003-00073)

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.  (#20031464-Development Services)

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve Supplemental Task Authorization No. 6, Contract No. 1697, under CN-00-08 MSBU Master Contract – MSBU Harbor Drive, to Ink Engineering a division of LBFH Inc., in the amount of $77,500.00,

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Will provide a consultant already on contract for design of Harbor Drive. (#20031519-MSTBU Services)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Execute Joint Funding Agreement #04E0FL208013 with the U.S. Geological Survey for Water Resource Investigations for the period of October 1, 2003 through September 30, 2004.  The total project cost for the Cooperative Data Collection Program is $106,238.00.  The U.S. Geological Survey is providing $45,883.00 and Lee County’s cooperative share totals $60,355.00.  Funding is available in the FY03/04 budget.

WHY ACTION IS NECESSARY:

Board approval is required for all contracts and agreements.

WHAT ACTION ACCOMPLISHES:

Provides mechanism to continue cooperative work with U.S. Geological Survey and Lee County which provides critical data for hydrologic modeling and assessment of flood conditions.  (#20031491-Natural Resources)

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve Supplemental Task Authorization No. 1 to Contract #2465, to T.Y. Lin International, under CN-03-04 MISCELLANEOUS TRAFFIC ENGINEERING SERVICES - Veterans Parkway Access Road in the amount of $74,900.00.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Will provide a consultant already on contract for the design of the Veterans Parkway Access Road.  (#20031490-Transportation)

 

 

(b)

ACTION REQUESTED:

Approve the Interlocal Agreement between Lee County and the City of Fort Myers for a G.I.S. based Traffic Crash Records System.  Also, approve the Resolution authorizing the Chairman to execute this Agreement.

WHY ACTION IS NECESSARY:

Requires Board of County Commissioner approval for agreements.

WHAT ACTION ACCOMPLISHES:

By agreeing to the Interlocal Agreement between Lee County and the City of Fort Myers, parties agree to share the cost of the development of G.I.S. based Traffic Crash Record System. (#20031260-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Authorize the Chairman, on behalf of the BOCC, to approve the Orcom Solutions, Inc.  Change Order No. 14 in the amount of $97,500.00 for Contract 732, which will provide support in calendar year 2004 for the Utilities Billing System, Enterprise-Customer Information System (E-CIS.).

WHY ACTION IS NECESSARY:

Provides for e-Support communications to allow Lee County Utilities (LCU) users to report support needs via the internet and monitor progress of the issues reported.  Provides for Orcom staff to sign onto system directly via the internet to resolve problems or conditions.  Provides telephone support for procedural questions; corrections and modifications to the software and minor improvements to existing features of the software; and, Help Desk Support 24 hours per day.

WHAT ACTION ACCOMPLISHES:

Provides Lee County Utilities Customer Service users with 24 hours per day Utility Billing software support, corrections and modifications for calendar year 2004.  Covers all data environments on the LCU AS400, LCU customer accounts and test and training environments.  (#20031472-Utilities)

 

 

(b)

ACTION REQUESTED:

Approve final acceptance, by Resolution, as a donation for one fire hydrant serving Fifth Third Bank at Healthpark Fl.  This is a Developer contributed asset project located northern most corner of Summerlin Road and Park Royal Drive.

WHY ACTION IS NECESSARY:

To provide fire protection to the recently constructed bank.

WHAT ACTION ACCOMPLISHES:

Places the fire hydrant into operation and complies with the Lee County Utilities Operations Manual. (#20031511-Utilities)

 

 

(c)

ACTION REQUESTED:

Approve final acceptance, by Resolution, as a donation for one 8’’ fire line serving Alico Commerce Center – Lots 10 & 11. This is a Developer contributed asset project located along the east side of Alico Commerce Court approximately 800’ south of Alico Road.

WHY ACTION IS NECESSARY:

To provide fire protection to the recently constructed commercial building.

 WHAT ACTION ACCOMPLISHES:

Places the fire line into operation and complies with the Lee County Utilities Operations Manual. (#20031509-Utilities)

 

 

(d)

ACTION REQUESTED:

Approve final acceptance, by Resolution as a donation for one 6’’ diameter fire line serving MARK’S RV & BOAT SALES.  This is a Developer contributed asset project located on the northeast corner of I-75 and Luckett Road.

WHY ACTION IS NECESSARY:

To provide fire protection the recently constructed commercial building.

WHAT ACTION ACCOMPLISHES:

Places the fire line into operation and complies with the Lee County Utilities Operations Manual. (#20031510-Utilities)

 

11.

PARKS AND RECREATION

 

12.

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).  (#20031514-Clerk of Courts)

 

 

(b)

ACTION REQUESTED:

Approval of the following Minutes of the Board of County Commissioners Meetings: May 22, 2001 (Regular); August 07, 2001 (Regular); August 21, 2001 (Regular); April 23, 2002 (Regular); June 02, 2003 (Zoning); June 16, 2003 (Zoning); June 23, 2003 (Emergency); July 07, 2003 (Zoning); August 04, 2003 (Management & Planning); August 04, 2003 (Zoning).  (#20031506-Clerk of Courts)

 

 

(c)

ACTION REQUESTED:

Approval of the following Minutes of the Board of County Commissioners Meetings: August 20, 2003 (Emergency); September 08, 2003 (Management & Planning); September 08, 2003 (Special); September 29, 2003 (Emergency); September 30, 2003 (Zoning); October 07, 2003 (Management & Planning); October 23, 2003 (Comp Plan); November 03, 2003 (Management & Planning); December  01, 2003 (Management & Planning).  (#20031507-Clerk of Courts)

 

 

(d)

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 $350.45.

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 Certificates of Participation, Series 1993. (#20031521-Clerk of Court)

 

ADMINISTRATIVE AGENDA

January 13, 2004

 

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

 

 

(a)

ACTION REQUESTED:

Approve Waiver #W-040145 to waive formal quotation procedure, due to the sole source, for Public Works (Utilities), for the installation, repair and services of Motorola Scada (Telemetry) equipment from DCR Engineering Services on an ongoing basis. Estimated annual expenditures for installations of equipment and programming would be approximately $650,000 and for repairs of existing equipment and service would be approximately $100,000. Funding will come from the individual sections’ account strings, or individual CIP projects’ budgets on an as needed basis.

WHY ACTION IS NECESSARY:

All purchases over $50,000 require board approval.

WHAT ACTION ACCOMPLISHES:

Allows the Public Works (Utilities) to continue to acquire new installations and repair existing equipment.  (#20031476-Utilities)

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Approve a Resolution to amend Lee County Administrative Code (AC) 12-6, Categories of Contractor Certificates of Competency Available Through Application to the (Lee County) Construction Licensing Board (CLB).

WHY ACTION IS NECESSARY:

To add a provision to assist applicants affected by active duty service in the United States Armed Forces, and to restore a contractor category unintentionally deleted in 2003.

WHAT ACTION ACCOMPLISHES:

Amends Administrative Code 12-6.  (#20031488-County Attorney)

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

PUBLIC AGENDA

January 13, 2004

 

5:00 PM

(#1)

Public Hearing

 

ACTION REQUESTED:

Conduct a Public Hearing to adopt a Petition to Vacate a 12-foot wide Drainage and Public Utility Easement located at 6141 and 6151 Astoria Avenue, Lehigh Acres, Florida 33905.  (Case No. VAC2003-00062)

WHY ACTION IS NECESSARY:

To build a single-family residence on the combined lots.  The vacation of this easement will not alter existing drainage and utility conditions and the easement is not necessary to accommodate any future drainage and utility requirements.

WHAT ACTION ACCOMPLISHES:

Vacates the Drainage and Public Utility Easement.  (S16-T44S-R26E)  (#5)  (#20031346-Development Services)

 

 

(#2)

Public Hearing

 

 

ACTION REQUESTED:

Conduct a Public Hearing to adopt a Petition to Vacate a 12-foot wide Public Utility Easement located at 5140/42/44 and 46 24th Street Southwest and 5141/43/45 and 47 Leonard Blvd. South, Lehigh Acres, Florida.  (Case No. VAC2003-00063)

WHY ACTION IS NECESSARY:

To build (2) residential duplexes 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:

Vacates the Public Utility Easement.  (#5)  (#20031303-Development Services)

 

 

(#3)

Public Hearing

 

 

ACTION REQUESTED:

Adopt and certify by resolution, an Amendment to the Residential and Commercial Solid Waste Annual Special Assessment Rolls for fiscal year 2003/2004.  Authorize staff to perform all necessary administrative tasks to notify, bill, and collect assessments from customers.

WHY ACTION IS NECESSARY:

To add certain residential, multi-family, and commercial properties to the Assessment Roll that were not included in the original Roll certified by the BOCC on September 9, 2003.

WHAT ACTION ACCOMPLISHES:

Complies with Lee County Ordinances 00-20 and 96-09, both as amended, Florida Administrative Code and County Administrative Code, Policies and Procedures that provide for the collection of the Solid Waste Special Assessments for Fiscal Year 2003/2004 and supplements the original Roll with properties that were not included in the Roll previously certified.  (#20031505-Solid Waste)

 

 

5:05 PM

Public Presentation of Matters by Citizens

 

 

Adjourn