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 |
Donald D. Stilwell, County Manager |
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James
G. Yaeger, County Attorney |
May 18, 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
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Invocation: |
Pastor
Richard Cecil |
The
Father’s House |
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Pledge
of Allegiance |
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Presentations: |
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(Commissioner
St. Cerny-#20040567) |
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(Commissioner
Janes-#20040581) |
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(Commissioner
Albion-#20040582) |
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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
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Consideration
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Walk-ons
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Commissioners'
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County
Manager Items |
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County
Attorney Items |
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Adjourn |
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May
18, 2004
1. |
COUNTY ADMINISTRATION |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION
REQUESTED: To approve and execute the Interlocal Agreement,
Addendum to Interlocal Agreement, Cross Easements and County Deed to
formalize and effectuate the transfer of 15.029 acres of County owned
property (16730 Bass Road, Fort Myers, Florida) to the Lee County School
Board for the sum of $804,051.50 for the construction of a middle school. WHY
ACTION IS NECESSARY: The Board must formally approve the Interlocal
agreement, addendum, cross easements and transfer of property by County Deed,
provided that the Board determines that the sale and transfer of the property
to the School Board is in the public interest. WHAT
ACTION ACCOMPLISHES: Formalizes and effectuates the transfer of
ownership of 15.029 acres of real property located at 16730 Bass Road, Fort
Myers, Florida to the Lee County School Board so that the property can be
used for a public middle school. Permits joint use of certain facilities
within the proposed middle school by Lee County and the School Board.
(#20040590-Construction and Design) |
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ACTION REQUESTED: Award Addendum to the Construction Management
Agreement under RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION
MANAGEMENT, for the project known as Billy Creek & Evergreen Fuel Tank
Project, to Westco Builders of FL Inc for the Guaranteed Maximum Price (GMP)
of $448,875.00 (includes the CM fee of $34,039.00). 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: Requires Board approval. WHAT ACTION ACCOMPLISHES: Provides the County with a Construction Manager
that will enhance the fuel management ability at two locations, Billy’s Creek
and Evergreen.
(#20040568-Construction and Design) |
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ACTION REQUESTED: Approve Addendum to the Construction Manager Agreement under RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as Colonial Elementary Hurricane Shelter Project, to Westco Builders of Florida, Inc., for the Guaranteed Maximum Price (GMP) of $435,000.00.00 (includes the CM fee). Also approve budget transfer from Hazardous Material Response reserves in the amount of $85,000.00 and amend FY 03/04-07/-08 CIP for the Hurricane Shelter Retrofit Project. Additionally, 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: Provides the County with a Construction Manager
that will provide for new manually operated rolling shutters installed for
the Colonial Elementary Hurricane Shelter Project. (#20040574-Construction and Design) |
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ACTION
REQUESTED: Approve Waiver, Release of Claims and Replacement
Agreement to Central Sprinkler Company to participate in the voluntary
replacement program to replace o-ring sprinkler heads in various County
buildings. WHY ACTION
IS NECESSARY: Board approval is required. WHAT ACTION
ACCOMPLISHES: Provides for the replacement of o-ring sprinkler
heads that were installed in County buildings between 1996 and 1998 because
they could possibly fail with replacement sprinkler heads. (#20040539-Facilities Management) |
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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 portion of Leetana
Road Right-of-Way located at 17600 Pritchett Pkwy, North Fort Myers,
Florida 33917, and adopt a resolution setting a Public Hearing for 5:00
PM on the 8th day of June, 2004. (Case No. VAC2002-00058) WHY ACTION
IS NECESSARY: To allow signage for a proposed subdivision. The
vacation of these rights-of-way will not alter existing utilities or traffic
conditions, and the rights-of-way are not necessary to accommodate any future
utilities or traffic requirement. WHAT ACTION
ACCOMPLISHES: Setting the time and date of the Public
Hearing. (#20040528-Development
Services) |
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ACTION
REQUESTED: Accept a Petition to Vacate two (2) 12-foot wide
Public Utility Easement located at 5600, 5594 and 5584 6th Street
West, Lehigh Acres, Florida 33971, and adopt a resolution, setting a Public
Hearing for 5:00 PM on the 8th day of June, 2004. (Case No. VAC2004-00020) WHY ACTION
IS NECESSARY: Future construction of a commercial building on
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. (#20040545-Development Services) |
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5. |
HUMAN SERVICES |
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ACTION
REQUESTED: Amend a contract between the State of Florida
Department of Community Affairs and the Board of County Commissioners to
receive an additional $184,268 for the Low Income Home Energy Assistance
Program (LIHEAP); approve a budget amendment resolution. WHY ACTION
IS NECESSARY: To secure additional grant funds for the Low
Income Home Energy Assistance Program made available to Lee County. WHAT ACTION
ACCOMPLISHES: Will provide a total of $501,266 in grant funds
for assistance with energy costs to qualified households for the period of
February 18, 2004 through March 31, 2005.
(#20040573-Human Services) |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Approve the recommendation of the Conservation Lands
Acquisition and Stewardship Advisory Committee to pursue for acquisition
approximately 61 acres in Township 45S, Range 27E, Section 28 on the south
side of SR 82 directly east of the Imperial Marsh Preserve, known as
Conservation 20/20 Nomination 259.
Authorize staff to enter negotiations with the property owners. WHY ACTION IS
NECESSARY: The Board must approve advisory committee
recommendations for Conservation 20/20 Program acquisitions and must
authorize necessary expenses for the negotiation process. WHAT ACTION
ACCOMPLISHES: Begins the negotiation process to buy
environmentally sensitive lands needed for native plants and animals, flood
control, water quality, water supply, and public use. (#20040569-County Lands) |
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ACTION
REQUESTED: Approve the recommendation of the Conservation
Lands Acquisition and Stewardship Advisory Committee to pursue for
acquisition approximately 246 acres in Township 43S, Range 27E, Section 15 in
the Spanish Creek area and known as Conservation 20/20 Nomination
260. Authorize staff to enter
negotiations with the property owners. WHY ACTION IS
NECESSARY: The Board must approve advisory committee
recommendations for Conservation 20/20 Program acquisitions and must
authorize necessary expenses for the negotiation process. WHAT ACTION
ACCOMPLISHES: Begins the negotiation process to buy
environmentally sensitive lands needed for native plants and animals, flood
control, water quality, water supply, and public use. (#20040570-County Lands) |
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ACTION
REQUESTED: Approve the recommendation of the Conservation Lands
Acquisition and Stewardship Advisory Committee to pursue for acquisition
approximately 91 acres in Township 45S, Range 23E, Sections 22 and 29 on
Cattle Dock Point in Cape Coral known as Conservation 20/20 Nomination
234. Authorize staff to enter
negotiations with the property owners. WHY ACTION IS
NECESSARY: The Board must approve advisory committee
recommendations for Conservation 20/20 Program acquisitions and must
authorize necessary expenses for the negotiation process. WHAT ACTION
ACCOMPLISHES: Begins the negotiation process to buy
environmentally sensitive lands needed for native plants and animals, flood
control, water quality, water supply, and public use. (#20040571-County Lands) |
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ACTION
REQUESTED: Approve the recommendation of the Conservation Lands
Acquisition and Stewardship Advisory Committee to pursue for acquisition
approximately 102 acres in Township 46S, Range 27E, Section 12 on Wildcat
Drive, known as Conservation 20/20 Nomination 256. Authorize staff to enter negotiations with the property owners. WHY ACTION IS
NECESSARY: The Board must approve advisory committee
recommendations for Conservation 20/20 Program acquisitions and must
authorize necessary expenses for the negotiation process. WHAT ACTION
ACCOMPLISHES: Begins the negotiation process to buy
environmentally sensitive lands needed for native plants and animals, flood
control, water quality, water supply, and public use. (#20040555-County Lands) |
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ACTION
REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $20,100 for Parcel 109,
Veronica S. Shoemaker Blvd. (formerly Palmetto Avenue) Extension, Project No.
4073, pursuant to the Purchase Agreement; authorize the Division of County
Lands to handle all documentation necessary to complete transaction. WHY ACTION
IS NECESSARY: The Board must authorize the making of a binding
offer to a property owner prior to initiation of condemnation proceedings. WHAT ACTION
ACCOMPLISHES: Makes binding offer to property owner. (#20030885-County Lands) |
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ACTION
REQUESTED: Approve Easement Purchase Agreement for
acquisition of Parcel 1001, Veronica S. Shoemaker Blvd. Extension Project No.
4073, in the amount of $2,500 plus attorneys fees and reimbursement for
relocation of fence; 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. (#20040519-County Lands) |
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ACTION
REQUESTED: Declare County owned property, known as Shady Rest
Care Pavilion, located at 2310 North Airport Road, Fort Myers, as surplus
property; Approve the sale of Shady Rest to Shady Rest Care Pavilion, Inc., a
Florida non-profit corporation (SRCP), for $5,700,000 and the satisfaction of
all of SRCP lease obligations and debt obligations to Lee County, pursuant to
the Real Estate Sales Agreement; Authorize Division of County Lands to handle
all documentation necessary to complete transaction. Within the Real Estate
Sales Agreement, the County agrees to credit SRCP the principal portion of
the lease payment, from April 1, 2004 to closing, toward the purchase price. WHY ACTION
IS NECESSARY: County owned land must be declared surplus by the
Board of County Commissioners before it can be sold. WHAT ACTION
ACCOMPLISHES: Declares County owned property as surplus under FS
125.38 and authorizes staff to dispose of same. (#20040556-County Lands) |
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ACTION
REQUESTED: Approve Purchase Agreement for acquisition of
Parcel 326, Three Oaks Parkway South Extension Project No. 4043, in the
amount of $340,000; 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.
(#20040526-County Lands) |
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ACTION
REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $190,900 for Parcel 105,
Veronica S. Shoemaker Blvd. (formerly Palmetto Avenue) Extension, Project No.
4073, pursuant to the Purchase Agreement; authorize the Division of County
Lands to handle all documentation necessary to complete transaction. WHY ACTION
IS NECESSARY: The Board must authorize the making of a binding
offer to a property owner prior to initiation of condemnation proceedings. WHAT ACTION
ACCOMPLISHES: Makes binding offer to property owner. (#20040529-County Lands) |
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ACTION
REQUESTED: Authorize approval of the donation of a Perpetual
Access Easement to the Florida Department of Environmental Protection (FDEP),
Bureau of Coastal and Aquatic Managed Areas for the Estero Bay State Buffer
Preserve; execution by the Chairman on behalf of the Board of County
Commissioners; and the Division of County Lands to handle, accept all
documentation necessary to complete this transaction, and sign closing forms
and documents required by FDEP. WHY ACTION
IS NECESSARY: The Board must accept all real estate conveyances to and from Lee County. WHAT ACTION
ACCOMPLISHES: Compliance with a condition of Department of
Environmental Protection Permit/ Authorization Number: 36-0159764-001 for
N.E. Hurricane Bay MSTBU Dredging Project.
(#20040544-County Lands) |
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ACTION
REQUESTED: Board review and approve Letter of Agreement for
Maintaining a Safe Campus Environment at the Lehigh Senior High School and
East County Regional Library WHY ACTION
IS NECESSARY: Board must approve Letters of Agreement WHAT ACTION
ACCOMPLISHES: Allows the Lee County School Board and Lee County
Government to enter into an agreement to assist in ensuring that school
personnel work with county staff to maintain a safe campus. Agreement approved by the School Board on
April 20, 2004. (#20040575-Library) |
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ACTION REQUESTED: Approve the purchase and transfer of federal
interest on four (4) 1999 Trolley Buses from Sarasota County to LeeTran and
allow the Chairman to execute the required documents necessary to complete the
sale and transfer. WHY ACTION IS NECESSARY: Board approval and acceptance is required to
complete the purchase and transfer of the trolleys from Sarasota County to
LeeTran. Board approval for
expenditures in excess of $50,000. WHAT ACTION ACCOMPLISHES: This action allows LeeTran to
purchase four (4) 1999 Trolley Buses from Sarasota with the remaining useful
life at a cost of $13,385.00 each, $53,540.00 total. The purchase will be covered under a
pending federal grant for the remaining federal interest of $481,860.00. (#20040552-Transit) |
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7. |
PUBLIC SAFETY |
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ACTION
REQUESTED: Approve award of Formal Quotation # Q-040206, for
the annual purchase of I.V. Catheters, Needles, Solutions and Supplies, for
the Division of Public Safety (EMS), to the overall low quoters per section
meeting all specification requirements as follows: Section (A) Emergency
Medical Products, Section (B & C) Physicians Sales and Service and
Section (D) Boundtree Medical LLC. The initial term of this agreement is for
three years. Request authority to renew this quotation for one additional two
period if in the best interest of the County, at the expiration of the
original term. Funding will come from the individual departments budget and
they will be responsible for monitoring their own expenditures. WHY ACTION
IS NECESSARY: All purchases that exceed $50,000 must be board
approved. WHAT ACTION
ACCOMPLISHES: Establishes competitive pricing for the purchase
of these medical supplies.
(#20040488-EMS) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION
REQUESTED: Award B-04-15 ANNUAL CONTRACT FOR CLEANING &
SNAGGING, for the Division of Natural Resources, to the three (3) lowest
responsive, responsible bidders meeting all bidding requirements, Aquatic
Weed Control, Inc.; Mettauer Environmental, Inc.; and Ecosystems Technology,
Inc., for the hourly rates and unit costs stipulated on the bid tabulation
sheet. This contract is for a one year period with the option of 2 – one (1)
year renewals. WHY ACTION
IS NECESSARY: Requires Board approval. WHAT ACTION
ACCOMPLISHES: Contractor will be required to perform cleaning
and snagging operations in creeks, canals, and other flow ways where
vegetation and debris are impeding the flow of water. The tasks will include
trimming, and/or removal of nuisance vegetation; removal of non-vegetative
debris, herbicidal treatment, and disposal of all debris and vegetation
collected at the work site.
(#20040547-Natural Resources) |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: Approve Supplemental Task Authorization No. 3 to
Contract #2245, to Johnson Engineering Inc., under CN-02-25 Miscellaneous
Environmental Contract – HealthPark Land Acquisition – USACOE Permit
Modification, Mitigation Activities and Monitoring, in the amount of
$141,285.00. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Will provide the County with a consultant to
modify US Army Corps of Engineers (USACOE) Permit No. 199700524 (IP-CC) to
transfer ownership of the mitigation lands to the Lee County Board of County
Commissioners and assume the mitigation responsibilities. (#20040563-Transportation) |
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ACTION
REQUESTED: Award B-04-14 County-Wide Minor Signalization
Improvements to the lowest responsive/responsible bidders meeting all bidding
requirements Mid-Continent Electric, Inc., and E.B. Simmonds
Electrical, Inc., for a total not-to-exceed annual contract amount of
$300,000.00 with a final project completion time of 360 days. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Provides a contractor for traffic signalization
and street light work countywide. It
consists of construction (installation/reinstallation) and rebuilding of
traffic signals and streetlights.
(#20040546-Transportation) |
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10. |
UTILITIES |
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ACTION REQUESTED: WHY ACTION IS NECESSARY: Board approval required. WHAT ACTION ACCOMPLISHES: Authorizes Earth Tech Inc. to complete the
remaining construction work for the Corkscrew Water Treatment Plant
Expansion. (#20040564-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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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).
(#20040554-Clerk of Courts) |
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May
18, 2004
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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ACTION REQUESTED: Approve LeeWay as an additional Party to the Interagency
Electronic Toll Collection Interoperability and Reciprocity Agreement
(Reciprocity Agreement), dated March 8, 2002, and subsequent Amendment One by
executing Amendment Two of the Agreement. WHY ACTION IS NECESSARY: The Board of County Commissioners approve all
Agreements. WHAT ACTION ACCOMPLISHES: The Reciprocity Agreement would allow LeeWay,
Sunpass and Epass to recognize each other’s Electronic Toll Collection
Programs. Provides operating business rules, technical specifications,
reciprocity and allows for transfer of funds between agencies participating
in the Reciprocity Agreement.
(#20040559-Toll Facilities) |
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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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