|
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 |
|
Robert W. Gray, Deputy
County Attorney |
||
August 17, 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: |
Pastor
Lynn Braco |
Ft.
Myers Christian Center |
||
|
|
|
|
|||
|
|
Pledge
of Allegiance |
|
|||
|
|
|
||||
|
|
Presentations: |
||||
|
|
|
·
|
Florida
Water, Wastewater & Systems Operators Week Resolution |
||
|
|
|
(Commissioner
Albion-#20041031) |
|||
|
|
|
||||
|
|
Recap |
||||
|
|
|
||||
|
|
Public
Comment on the Consent and Administrative Agenda |
||||
|
|
|
||||
|
|
|||||
|
|
·
|
Items
to be pulled for discussion by the Board |
|||
|
|
· |
Motion
to approve balance of items |
|||
|
|
· |
Consideration
of items pulled for discussion |
|||
|
|
|
||||
|
|
|||||
|
|
|
||||
|
|
Walk-ons
and Carry-overs |
||||
|
|
|
||||
|
|
Commissioners'
Items/Committee Appointments |
||||
|
|
|
||||
|
|
County
Manager Items |
||||
|
|
|
||||
|
|
County
Attorney Items |
||||
|
|
|
||||
|
|
Adjourn |
||||
August
17, 2004
|
1. |
COUNTY ADMINISTRATION |
||
|
|
ACTION REQUESTED: Approve attached proposed FY04/05 - 08/09 Capital
Improvement Program as reviewed on June 28, 2004 and includes the increase to
the civic center roof project to a total of $750,000 as discussed at the June
Board Workshop and at the August M & P meeting. WHY ACTION IS NECESSARY: Official action is required as follow-up to the
CIP Workshop. WHAT ACTION ACCOMPLISHES: Allocates funding, in concept, for FY04/05 – 08/09
Capital Improvement Program and streamlines the project evaluation
process.(#20040929-Budget Services) |
||
|
2. |
CONSTRUCTION
AND DESIGN |
||
|
3. |
COUNTY
COMMISSIONERS |
||
|
4. |
COMMUNITY
DEVELOPMENT |
||
|
|
ACTION
REQUESTED: Accept a Petition to Vacate a 12-foot wide Public
Utility Easement located at 612 Hibiscus Ave., Lehigh Acres, Florida 33936,
and adopt a resolution, setting a Public Hearing for 5:00 PM on the 14th
of September 2004. (Case No.
VAC2004-00032) 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. (S29&28-T44S-R27E) (#5)
(#20040950-Development Services) |
||
|
|
ACTION
REQUESTED: Accept a Petition to Vacate a 12-foot wide Public
Utility Easement located at 2930 21st St. SW, Lehigh Acres,
Florida 33971, and adopt a resolution, setting a Public Hearing for 5:00 PM
on the 14th day of September 2004. (Case No. VAC2004-00026) 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. (S1-T45S-R26E) (#5)
(#20040966-Development Services) |
||
|
|
ACTION
REQUESTED: Accept a Petition 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 and adopt a resolution setting a Public Hearing for
5:00 PM on the14th day of September 2004.
(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: Set the time and date of the Public Hearing. (S7-T47S-R25E) (#3) (#20041003-Development
Services) |
||
|
|
ACTION
REQUESTED: Accept a Petition to Vacate a 12-foot wide Public
Utility Easement located at 409 Truman 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.
VAC2004-00043) 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. (26-T44S-R27E) (#5)
(#20041007-Development Services) |
||
|
|
ACTION REQUESTED:
Execute an amendment to each of the following Lee
County Contracts: C-2624, C-2742 and C-2837 per the requirement of the US
Department of Housing and Urban Development (HUD). WHY ACTION
IS NECESSARY: At the applicants’ request the county provided
State Housing Initiatives Partnership (SHIP) funding for HUD financed
projects. However, HUD will only
allow the applicants to avail themselves of these SHIP funds if the county
agrees to the proposed amendments. WHAT ACTION
ACCOMPLISHES: Allows the county to provide supplemental funds to
affordable housing projects.
(#20041010-Planning) |
||
|
5. |
HUMAN
SERVICES |
||
|
|
ACTION REQUESTED: Amend contract ending date for the Low-Income
Emergency Home Repair Program (LEHRP) (Contract Number 04LE-35-09-46-01-015)
with the Florida Department of Community Affairs (DCA) to March 31, 2005. WHY ACTION IS NECESSARY: The Board of County Commissioners must approve
Contract changes. WHAT ACTION ACCOMPLISHES: Enables the Department of Human Services to expend
LEHRP funds through March 31, 2005.
(#20040994-Human Services) |
||
|
6. |
INDEPENDENT |
||
|
|
ACTION
REQUESTED: Authorize: (1) approve Purchase Agreement for
acquisition of Parcel 106, Three Oaks Widening Project No. 4081, in the
amount of $310,214.00; (2) Chairman, on behalf of the Board, to sign the
Purchase Agreement; (3) payment of costs to close; and (4) 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: Allows the County to proceed with the project
without resorting to eminent domain proceedings. (#20040934-County Lands) |
||
|
|
ACTION
REQUESTED: Authorize the Division of County Lands to make a
binding offer to property owner in the amount of $286,800 for Parcel 110,
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. (#20040936-County Lands) |
||
|
|
ACTION REQUESTED: Approve the transfer of funds in the amount of
$80,000 from General Fund Reserves.
The funds would be provided to the Southwest Florida Regional Planning
Council (SWFRPC) for the Local Coordinating Board (LCB) to fund the
operations of Good Wheels, the Community Transportation Coordinator
(CTC). Good Wheels will be paid
$20,000 for July 2004, $30,000 for August 2004, and $30,000 for September
2004. WHY ACTION
IS NECESSARY: Board approval is required for funding requests
over $50,000. WHAT ACTION
ACCOMPLISHES: Provides additional funding in the amount of
$80,000, to the CTC for the months of July, August and September, over and
above the $30,000 per month by the Board in April, 2004. (#20041030-Transit) |
||
|
7. |
PUBLIC
SAFETY |
||
|
|
ACTION
REQUESTED: Approve and execute an Agreement concerning the
Use of Real Estate or other Premises for Emergency Relief Efforts between Lee
County, and Home Depot Store #268 for a period of five (5) years. WHY ACTION
IS NECESSARY: Interlocal agreements require Board approval. WHAT ACTION
ACCOMPLISHES: Authorizes Lee County temporary use of property
located at 3031 N.E. Pine Island, North Fort Myers for emergency relief and
recovery efforts.(#20040980-Public Safety) |
||
|
8. |
SOLID
WASTE-NATURAL RESOURCES |
||
|
|
ACTION
REQUESTED: Board approve Grant Agreement No. 1999-0273-006,
Lee County Law Enforcement Equipment, between Lee County and the National
Fish and Wildlife Foundation. Approve
budget amendment in the amount of $18,636 for the additional revenue and
amend the FY03/04 Natural Resources, Marine Services Program operating budget
accordingly. WHY ACTION
IS NECESSARY: The Board of County Commissioners must approve all
agreements. WHAT ACTION
ACCOMPLISHES: Provides mechanism that allows County to accept
funds and purchase equipment outlined by the grant agreement. (#20040993-Natural Resources) |
||
|
|
ACTION
REQUESTED: Approve editorial corrections to the June 17, 2004
Lee County Manatee Protection Plan approved by the County Commission on June
29, 2004. WHY ACTION
IS NECESSARY: Corrects errors in the plan that was approved by
the BOCC and entered into the record. WHAT ACTION
ACCOMPLISHES: Corrects typographical errors and omissions in the
Plan version so that it reads correctly and consistently throughout the
entire text. (#20040995-Natural
Resources) |
||
|
|
ACTION REQUESTED: Award Addendum to the Construction Management
under RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT,
for the project known as Roadway Widening Project, to Lodge Construction
Inc., for the Guaranteed Maximum Price (GMP) of $366,686.00.00 (includes the
CM fee of $23,988.00). 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 the County with a Construction Manager
that will provide for the widening of the existing roadway at the Lee County
Transfer Station. (#20041005-Solid
Waste) |
||
|
9. |
TRANSPORTATION |
||
|
|
ACTION REQUESTED: Accept contribution of $23,000 from FGUA for their
share of the difference in cost for the compaction methods as opposed to
relocation of a water main and force main at the Homestead Road Widening
Project, and approve budget resolution and amend FY04-08 Capital Improvement
Program. WHY ACTION
IS NECESSARY: Requires BOCC approval for budget resolutions and
amendments to CIP. WHAT ACTION
ACCOMPLISHES: Allows County to accept a contribution from FGUA
and accommodate their request to leave the water lines in place during construction
of the turn lane.
(#20040977-Transportation) |
||
|
|
ACTION
REQUESTED: Award B-04-27, Boca Grande Resurfacing &
Drainage Improvements, for the Department of Transportation, to the lowest
responsive/responsible bidder meeting all bidding requirements, Better Roads,
Inc., for a total not-to-exceed amount of $350,045.00, plus Alternate B (Boca
Grande Drainage System Improvements Basin “E”) in the not-to-exceed amount of
$229,608.76 and Alternate D (Boca Grande Drainage System Improvements Basin
“C” Outfall Only) in the not-to-exceed amount of $47,745.74, for a total
contract amount of $627,399.50, with a final project completion time of 180
calendar days. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Provides a contractor to resurface nine (9) roads
in Boca Grande; as alternates, install drainage improvements and Alternate B
(Boca Grande Drainage System Improvements Basin “E”) and Alternate D (Boca
Grande Drainage Improvements Basin “C” Outfall Only). (#20040991-Transportation) |
||
|
|
ACTION
REQUESTED: Increase the annual contract expenditure amount
under B-03-12 County-Wide Minor Paving & Drainage, for the Department of
Transportation, from $1,700,000.00 to $2,700,000.00. Also approve an extension of the contract
of 145 calendar days. WHY ACTION IS NECESSARY: Board approval is required. WHAT ACTION ACCOMPLISHES: DOT will need to continue having work performed
under this contract for Minor Paving & Drainage for additional
projects. (#20040943-Transportation) |
|||
|
10. |
UTILITIES |
||
|
|
ACTION REQUESTED: Approve final acceptance, by Resolution, and
recording of one utility easement, as a donation for one 6” diameter fire
line and one fire hydrant serving Kitchen Kabinets & Kounters. This is a Developer contributed asset
project located on Gator Road approximately ¼ mile north of Alico Road. WHY ACTION IS NECESSARY: To provide fire protection this existing
commercial building. WHAT ACTION ACCOMPLISHES: Places the fire line and hydrant into operation
and complies with the Lee County Utilities Operations Manual. (#20040857-Utilities) |
||
|
|
ACTION REQUESTED: Approve construction of a force main extension
serving Palm Frond Condominium. This is a Lee County MSTBU Services
contributed asset and the project is located on the west side of Palm Road
approximately 1/4 of a mile north of Pondella Road. WHY ACTION IS NECESSARY: To provide sanitary sewer service to the existing
36-unit multi-family development. WHAT ACTION ACCOMPLISHES: Provides adequate sanitary sewer infrastructure to
this project and will allow for the abatement of the existing on-site
wastewater treatment plant.
(#20040888-Utilities) |
||
|
|
ACTION
REQUESTED: Concur with the selection of Consultants by the
Competitive Negotiations Committee for CN-04-14, MISCELLANEOUS UTILITY
ENGINEERING DESIGN AND/OR INSPECTION SERVICES, and authorize staff to
negotiate hourly rates and independent cost with the following nineteen (19)
selected firms: Barraco &
Associates, Inc.; Ray Boyd; Boyle Engineering Corp.; CH2M Hill; CPH
Engineers, Inc.; Carollo Engineers; Q. Grady Minor & Associates; Greeley
& Hansen; Hazen & Sawyer; Hole Montes, Inc.; Ink Engineering; JRI
Engineering, Inc.; Johnson Engineering, Inc.; MWH Americas, Inc.; Malcolm
Pirnie, Inc.; PBS & J, Inc.; Pitman-Hartenstein & Associates, Inc.;
Source, Inc.; WilsonMiller, Inc. for a contract period of two (2) years with
the option of renewal for one (1) additional year. Also, authorize Chairman on behalf of the Board to execute the
agreements upon final negotiations. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Provides the County with several consultants on
contract that can provide professional utility engineering services for the
project known as Miscellaneous Utility Engineering Design and/or Inspection
Services on an as needed basis.
(#20040978-Utilities) |
||
|
|
ACTION REQUESTED: Approve construction of a water main and force
main extension to serve a future Catholic
Church. This is considered a
Developer contributed asset and the project is located on the west side of
Ben Hill Griffin Parkway approximately 1-1/2 miles south of Alico Road. WHY ACTION IS NECESSARY: To provide potable water service, fire protection,
and sanitary sewer service to the future church. WHAT ACTION ACCOMPLISHES: Complies with the Lee County Utilities line
extension policy and provides adequate water and sanitary sewer
infrastructure to support development of the subject property. (#20040986-Utilities) |
||||
|
|
ACTION REQUESTED: Approve final acceptance, by Resolution, as a
donation of one fire hydrant, one (1) potable water service and one (1)
sanitary sewer service serving Associates in Nephrology. This is a Developer Contributed asset
project located on the south side of Gladiolus Drive, approximately 1,275
feet east of Summerlin Road. WHY ACTION IS NECESSARY: To provide potable water service, fire protection
and sanitary sewer service to the recently constructed medical office
building. WHAT ACTION ACCOMPLISHES: Places the fire hydrant into operation and
complies with the Lee County Utilities Operations Manual. (#20040988-Utilities) |
||||
|
|
ACTION
REQUESTED: Approve Supplemental Task Authorization (STA) No.
4 and No. 5 to Contract #1859, to Pitman-Hartenstein & Assoc., Inc., for
CN-01-11 Miscellaneous Utility Engineering Design and/or Inspection Services
– Metro Parkway – Section 1 and Section 2 – Water Main Relocation in the
amount of $36,585.90 and $19,606.10 for a total amount of $56,192.00. WHY ACTION
IS NECESSARY: Board approval is required. WHAT ACTION
ACCOMPLISHES: Provides the design and permitting of
approximately 2.0 miles of water main relocations on Metro Parkway (SR 739)
from Collins Street to Martin Luther King, Jr. Boulevard. (#20041017-Utilities) |
|||||
|
11. |
PARKS AND
RECREATION |
|||||
|
|
ACTION
REQUESTED: Approve award of formal quotation # Q-040507,
Mowing-Parks, for the Department of Public Works (Parks and Recreation
Division) to the low quoters per zones meeting all specification requirements
as follows; Zone A’s to J.S. Lawn Care Inc. and Zone B’s & Zone C to
American Tractor Service, LLC. Annual expenditures based on current costs
will be approximately $135,000 for the mowing of all areas. The term of the
quotation is for one year. Also
request permission to renew for four additional one-year periods if mutually
agreeable to all parties and in the best interest of Lee County. 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: Allows Parks & Recreation to obtain necessary
mowing services. (#20040957-Parks and
Recreation) |
|||||
|
12. |
COUNTY
ATTORNEY |
||
|
|
ACTION REQUESTED: Execute Assignment of Agreement Approving and
Providing for Traffic Control Jurisdiction Over Certain Roads Within the
Spanish Wells Community. WHY ACTION IS NECESSARY: Lee County no longer exercises traffic control
jurisdiction over municipal roads located in the incorporated areas of the
City of Bonita Springs. WHAT ACTION ACCOMPLISHES: Amends and assigns traffic control jurisdiction,
and allows the Lee County Sheriff’s Office to continue its traffic control
enforcement for certain roads located in the Spanish Wells Subdivision. (#20040970-County Attorney) |
||
|
|
ACTION REQUESTED: Consider, approve and authorize the Chairman’s
execution of a “Letter of Agreement” by and between Lee County, the City of
Bonita Springs and Bonita Springs Utilities (BSU) to extend BSU’s franchise
to thirty (30) years for financing purposes. WHY ACTION IS NECESSARY: Franchise Agreement requires Lee County’s and the
City of Bonita Springs’ approvals for an extension of the franchise term for
BSU. WHAT ACTION ACCOMPLISHES: Extends BSU’s franchise term by two (2) years, to
thirty (30) years total.
(#20041006-County Attorney) |
||
|
|
ACTION
REQUESTED: Direct a non-emergency ordinance creating the
Copper Oaks Community Development District to public hearing on September 28,
2004 at 9:30 a.m., or as soon thereafter as it may be heard, in the
Commission Chambers. WHY
ACTION IS NECESSARY: Southern Homes of Estero, LLC has petitioned the
Board to establish the Copper Oaks Community Development District. WHAT
ACTION ACCOMPLISHES: Allows response to the petition by providing a
forum to evaluate the appropriateness of the request. (#20041018-County Attorney) |
||
|
13. |
HEARING
EXAMINER |
||
|
14. |
PORT
AUTHORITY |
||
|
15. |
CONSTITUTIONAL
OFFICERS |
||
|
|
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).
(#20040996-Clerk of Courts) |
||
|
|
ACTION REQUESTED: Approve payment of delinquent tax overbid
claim-Wilson. 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. (#20040997-Clerk of Courts) |
|
|
|
ACTION REQUESTED: Approve payment of delinquent tax overbid
claim-Lefke. 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.
(#20040998-Clerk of Courts) |
August
17, 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 |
||
|
|
ACTION
REQUESTED: Approve Waiver # W-040591 to waive formal
quotation procedure, due to sole source, for the Public Works Department
(Utilities Division), for the purchase of Flygt Pumps from Ellis K. Phelps
and corresponding warranty and repair services to these pumps from SAS
Services. The term of the waiver would be for fifteen months which will allow
the Utilities Division the opportunity to conduct “tests” of competitors
seeking to pass the test of time. Estimated annual expenditures for raw
sewage pumps and repairs would be approximately $175,000. 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: Allows the Utilities Division to continue to
purchase Flygt pumps and service.
(#20040951-Utilities) |
||
|
11. |
PARKS AND RECREATION |
||
|
12. |
COUNTY ATTORNEY |
||
|
13. |
HEARING EXAMINER |
||
|
14. |
PORT AUTHORITY |
||
|
15. |
CONSTITUTIONAL OFFICERS |
||