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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Robert W. Gray, Deputy
County Attorney |
August 10, 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
John Allison |
Living
Word Ministries |
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Pledge
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Presentations: |
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(Commissioner
Janes-#20040992) |
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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
Manager Items |
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County
Attorney Items |
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Adjourn
until 5:00 PM |
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August
10, 2004
1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Authorize Administration to pursue preparation of
documents for refunding of the Five Cent Local Option Gas Tax Revenue Bonds,
Series 1995 for savings. WHY ACTION
IS NECESSARY: BOCC approval is requested. WHAT ACTION
ACCOMPLISHES: Allows the preparation of documents for the
refunding of the Five Cent Local Option Gas Tax Revenue Bonds, Series 1995 to
proceed. (#20040975-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 Lee County Justice
Center Annex, General PO to Target Builders Inc., with a Guaranteed Maximum
Price of $985,076.00 (includes CM fee of $65,193.00 or 6.6%). 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 to provide buck hoist, HVAC controls
for the 6th floor, fire alarm for the 6th floor, temporary facilities/space,
and selective exterior renovations for the Lee County Justice Center Annex. (#20040919-Construction and Design) |
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ACTION
REQUESTED: Approve for acceptance and filing with the Minutes
Department of the Clerk’s Office, an after-the-fact emergency under E-04-01,
Repairs to Terry Park (Pigott Stadium) Seating Repair Resolution No.04-04-31
and authorize Addendum to the Construction Manager Agreement with Compass
Construction, Inc. for seating repairs at Terry Park, Bleacher Replacement,
Phase 1B for a Guaranteed Maximum Price (GMP) of $701,697.00 (includes the CM
fee of $63,791.00). 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 Terry Park Resolution with a Construction Manager for replacement
of bleachers at Terry Park.
(#20040962-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 400 and 402 Calvin Ave., Lehigh Acres, Florida
33936, and adopt a resolution, setting a Public Hearing for 5:00 PM on the 14th
day of September 2004. (Case No.
VAC2004-00031) 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. (S28-T44S-R27E) (#5)
(#20040933-Development Services) |
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ACTION
REQUESTED: Accept a Petition to Vacate a 12-foot wide Public
Utility Easement located at 1701 North Ave., Lehigh Acres, Florida 33972, and
adopt a resolution, setting a Public Hearing for 5:00 PM on the 14th
day of September 2004. (Case No.
VAC2004-00024) 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. (S9-T44S-R27E) (#5)
(#20040959-Development Services) |
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5. |
HUMAN SERVICES |
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ACTION
REQUESTED: Approve and sign a contract agreement between Lee
County Board of County Commissioners and Florida’s Department of Community
Affairs for Lee County to receive $173,260 in Community Services Block Grant
(CSBG) funds. This grant requires a 2% cash match ($3,465), which the
Department has already budgeted in FY 04-05. WHY ACTION
IS NECESSARY: A contract agreement is required in order to receive FY05 CSBG funds. WHAT THE
ACTION ACCOMPLISHES: Provides $173,260 for case management, training
and supportive and emergency services to facilitate economic self-sufficiency
for eligible Lee County households.
(#20040967-Human Services) |
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ACTION REQUESTED: (1) Approve submission to HUD of Lee County’s HUD
FY 2004 Annual Action Plan, (2) authorize Chairman to sign HUD Annual Action
Plan Letter of Submission and Certifications, (3) authorize Chairman to sign
HUD CDBG, HOME, and ESG Entitlement agreements upon receipt from HUD, (4)
authorize Chairman to sign associated forms including HUD CDBG, HOME, and ESG
Subrecipient Agreements once prepared, and (5) authorize Chairman to sign HUD
environmental assessments. WHY ACTION IS NECESSARY: HUD requires entitlement communities to complete
an annual Action Plan in order to receive the entitlement funding for
community planning, homeless service, neighborhood revitalization, and
capital projects programs. WHAT ACTION ACCOMPLISHES: Allows Lee County to continue to receive HUD
planning, homeless service, neighborhood revitalization, and capital projects
funds. (#20040973-Human Services) |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Award B-04-28 NE HURRICANE BAY DREDGE, for the
Public Resources Division,( MSTBU Services), to the low bidder meeting all
bidding requirements, Subaqueous Services, Inc., for a total not-to-exceed
amount of $243,069.00 with a project completion time of 75 calendar
days. Also accept unit prices of
$20.00 for dredge quantities 12,000 cubic yards or greater over estimate and
$20.00 for dredge quantities 8,000 cubic yards or less than estimate, if
needed. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Provides the County with a Contractor who will
furnish all labor, equipment, supplies, materials, transportation, fuel,
power and water, and performing all operations in connection with excavating,
transporting, and placing approximately 10,000 cubic years of sand, silt and
shell from Northeast Hurricane Bay Channel to the disposal site at 17625 Pine
Ridge Road and providing environmental protection measures to meet the
requirements of the technical specifications and permits. (#20040960-MSTBU Services) |
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ACTION REQUESTED: Adopt revisions to Vacation Leave Policy 402 of
the Lee County Policies and Procedures Manual. Adoption of the resolution to amend Administrative Code 6-1. WHY ACTION IS NECESSARY: Employees are permitted to carry forward six
normally scheduled workweeks of accrued vacation each calendar year; any
hours in excess of this amount are forfeited. Currently, excess hours must be used by the last day of the
last full pay period in the calendar year; the proposal is to change this to
the last day of the first pay period in the calendar year. Current policy often forced the excess
hours to be used prior to the end of the holiday season. WHAT ACTION ACCOMPLISHES: Employees have requested this change, as vacations
are often taken around the holiday season.
This change will update a policy that did not meet the needs of the
organization. There is no additional
cost to the County in making this change.
(#20040964-Human Resources) |
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ACTION
REQUESTED: Approves changes to Benefit Plans for calendar year
2005: (1) Give $50 per month to any employee who has other insurance and will
opt out of our health insurance. (2)
Drop coverage for Bariatric Bypass surgery effective 12/31/04. (3) Allow 60 days to report “life event”
changes to our Benefits Unit. (4)
Coverage will end on the last day of the month in which the employee or
dependents terminate. (5) Flexible
Spending Account (Medical) limit is raised from $3,000 to $5,000. (6) Retiree life insurance is raised to
$5,000 for all ages at a charge of $1.00 per thousand. Employee life insurance is not reduced
because of any age factor. WHY ACTION IS NECESSARY: Board Must approve any
changes in benefits WHAT ACTION
ACCOMPLISHES: Yearly review of benefits plan has highlighted the
need for several minor changes.
(#20040969-Human Resources) |
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ACTION REQUESTED: Approve Senior AIDES Project/Host Agency Agreement
with the Dr. Ella Piper Center to provide temporary employees to Lee County
for the purpose of career orientation and training for eligible Seniors. WHY ACTION IS NECESSARY: Although the staff provided to us would be
employees of the Dr. Ella Piper Center, the Host Agency (Lee County) would be
a responsible party under our Equal Opportunity Employment laws. WHAT ACTION ACCOMPLISHES: Allows the County to participate in and benefit
from the Senior AIDES program.
(#20040972-Human Resources) |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION REQUESTED: Approve listing of 15 Mandatory Garbage Hardship
Payment Deferral requests for Fiscal Year 04/05, October 1, 2004 through
September 30, 2005. Approved listing
will be submitted to the Property Appraiser for proper notation on the solid
waste roll, and the Solid Waste Division will record a lien against the
applicant’s property. WHY ACTION IS NECESSARY: Authorize applicants for Hardship Payment Deferral
Program in accordance with Mandatory Garbage Ordinance 86-14 and amending
Ordinance 95-19, Section 6.7a WHAT ACTION ACCOMPLISHES: Defers payment, and provides for the recording of
liens under the Mandatory Garbage Hardship Deferral Program. (#20040937-Solid Waste) |
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ACTION REQUESTED: Authorize the Solid Waste Division to delete
certain small value delinquent solid waste assessments deemed to be not
collectable. The 163 proposed delinquent accounts to be removed each have an
assessment principle balance of less than $60.00 with an average outstanding
assessment of $152.13 per account when including interest, lien fees, and
penalty fees. WHY ACTION IS NECESSARY: Board approval required
to delete delinquent Solid Waste accounts. WHAT ACTION ACCOMPLISHES: Provides cost efficiency
for staff and resources related to maintaining and servicing |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: Approve Supplemental Task Authorization No.3
(Continuation of STA #1) to Contract #2488, to WilsonMiller Inc., under
CN-03-07 Miscellaneous Professional Services – Island Park Regional
Mitigation Project, in the amount of $85,000.00. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Will provide the County with a consultant for the
engineering/surveying and permitting services for the Island Park Regional
Mitigation Project.
(#20040916-Transportation) |
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ACTION
REQUESTED: Approve Supplemental Task Authorization (STA) No.
7 to Hole Montes Inc. for CN-00-04 MISCELLANEOUS CIVIL ENGINEERING DESIGN
AND/OR INSPECTION SERVICES (Contract No. 1461) for Imperial Street Improvements
four laning Bonita Beach Road to East Terry Street in the amount of
$165,900.00. WHY ACTION
IS NECESSARY: Board approval is required. WHAT ACTION
ACCOMPLISHES: The Consultant shall complete additional work for
the project known as Imperial Street four laning from Bonita Beach Road to
East Terry Street.
(#20040940-Transportation) |
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10. |
UTILITIES |
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ACTION REQUESTED: Approve final acceptance, by Resolution, as a
donation of water distribution and gravity collection systems serving Mossy Glen at Shadow Wood Preserve. This is a developer contributed asset
project located on the west side of Shadow Creek Boulevard approximately 1
mile west of S. Tamiami Trail in Estero. 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. (#20040799-Utilities) |
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ACTION REQUESTED: Approve final acceptance, by Resolution as a
donation of a water main extension and two (2) fire hydrants serving Route 80 Storage Facility. This
is a Developer Contributed asset project located on the south side of State
Road 80 approximately ½ mile west of State Road 31. WHY ACTION IS NECESSARY: To provide potable water service and, fire
protection to this commercial facility. WHAT ACTION ACCOMPLISHES: Places the water main and fire hydrants into
operation and complies with the Lee County Utilities Operations Manual. (#20040908-Utilities) |
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ACTION REQUESTED: Approve construction of a water main extension and
a sewage force main extension, serving Orion
Center. This is a Developer contributed asset and the project
is located on the southwest corner of Daniels Parkway and Plantation Road. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to this commercial development. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual.
(#20040909-Utilities) |
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ACTION REQUESTED: Approve final acceptance by Resolution, and
recording of one utility easement, as a donation for two fire hydrants and a
force main extension serving Turnbull-Rudlaff Commercial Building.
This is a Developer contributed asset project located west side of San
Carlos Boulevard approximately 600 feet south of Kelly Road. WHY ACTION IS NECESSARY: To provide fire protection to the recently
constructed commercial building. WHAT ACTION ACCOMPLISHES: Places the fire hydrant into operation and
complies with the Lee County Utilities Operations Manual. (#20040910-Utilities) |
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11. |
PARKS AND RECREATION |
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ACTION REQUESTED: Approve and accept the donation of two parcels in
Boca Grande from the Gasparilla Island Conservation and Improvement
Association, Inc. for the Island School project. WHY ACTION IS NECESSARY: To obtain Board of County Commissioners’ approval
and acceptance of the donation from the GICIA. WHAT ACTION ACCOMPLISHES: Approves and accepts the donation of property from
the GICIA. (#20040935-Parks and
Recreation) |
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ACTION REQUESTED: Approve and execute a Non-Disturbance Agreement between Lee County, Southwest Florida and Lee County Fair Association, In. as landlord, and Verizon Wireless Personal Communications, LP d/b/a Verizon Wireless as tenant. This agreement allows for the construction of a communication tower on Civic Center property. Authorize the County Manager to execute any documents necessary to enable Verizon to apply for a development order or permit. WHY ACTION IS NECESSARY: Board must approve all agreements. WHAT ACTION ACCOMPLISHES: Allows the construction of a tower on Civic Center property. (#20040961-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).
(#20040982-Clerk of Courts) |
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ACTION REQUESTED: Approve payment of delinquent tax overbid
claim-Williams Estate. WHY ACTION IS NECESSARY: Pursuant to Florida Statute 197. Lee County is holding overbid funds from delinquent tax sales. WHAT ACTION ACCOMPLISHES: The
Clerk has received a claim for these funds and requests that you release
them. (#20040983-Clerk of Courts) |
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ACTION REQUESTED: File and record proof of publication in the minutes of the County Commissioners of Lee County. WHY ACTION IS NECESSARY: Required pursuant to Chapter 116.21, Florida Statutes. WHAT ACTION ACCOMPLISHES: Notifies criminal and civil cash bond depositors of unclaimed bond refunds held by the Clerk of Courts. (#20040965-Clerk of Courts) |
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August
10, 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 waiving the formal solicitation process
for BW-04-07 to Dawson & Associates Inc., for expenditures in the amount
of $240,000.00 to provide permit
assistance for the Sanibel Causeway Bridge project. Also, authorize Chairman on behalf of the Board to execute the
agreement upon final negotiations.
Also, approve transfer from reserves in the Transportation Facilities
Sanibel Surplus Construction Fund (42133) for $240,000.00 and amend the
FY04-08 Capital Improvement Program for Project 205814 – Sanibel Bridge
Replacement, A,B,C. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Provides the Department of Transportation the
assistance of Dawson & Associates to keep the permit review on
track. (#20040942-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: Accept and execute Release for Property Damage,
a 100% settlement offer from Progressive Insurance Company in the amount of
$2,528,54 for damages to Lee County property. WHY ACTION IS NECESSARY: Board of County Commissioners’ approval required
for settlement offers and execution of Release for Property Damage are
required to complete the transaction with Progressive Insurance Companies for
their payment. WHAT ACTION ACCOMPLISHES: Releases Progressive Insurance and Kevin Hall from
any further liability to the County for a $2,528.54 payment to County for
damages to Lee County property, invoice 1661. (#20040939-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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August 10, 2004
Walk On |
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ACTION REQUESTED: WHY ACTION IS NECESSARY: WHAT ACTION ACCOMPLISHES: |
August 10, 2004
5:00
PM |
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Public Hearing
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ACTION REQUESTED: Conduct a Public Hearing to adopt a Resolution to Vacate the Westerly 700 +/- feet of Coconut Road, a County Road Right-of-Way Easement (Viewer’s Road), and a smaller portion of County owned Road Right-of-Way, located at Coconut Road, Estero, Florida (Case No. VAC2003-00023) WHY ACTION IS NECESSARY: To permit the development of the Coconut Point Marina property and to provide a private road to the marina parcel. WHAT ACTION ACCOMPLISHES: Vacates a portion of County Road Right-of-Way
Easement. (S7-T47S-R25E) (#3)
(#20040737-Development Services)
TO BE WITHDRAWN |
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Public Hearing |
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ACTION REQUESTED: Conduct public hearing to consider and approve
Resolution amending Lee County Resolutions Nos. 90-09-26, 90-09-27, 94-08-05,
96-12-105, 97-09-53, and 01-06-58, relating to the toll structure of the Cape
Coral Bridge, Midpoint Memorial Bridge and Sanibel Bridges & Causeway. WHY ACTION IS NECESSARY: Revisions to the Lee County Toll Structure
requires approval at a public hearing. WHAT ACTION ACCOMPLISHES: Adopts Resolution implementing revised toll rates
for the Sanibel Bridges & Causeway.
(#20040902-County Attorney) |
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5:05
PM |
Public
Presentation of Matters by Citizens |
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Adjourn |
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