District #1Bob
Janes |
District #2 Douglas St. Cerny Chairman |
District #3 Ray
Judah
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District #4 Tammy Hall |
District #5 John E. Albion |
Donald D. Stilwell, County Manager |
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Robert W. Gray, Deputy
County Attorney |
November 23, 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
Steve Hess |
Zion
Lutheran Church |
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Pledge
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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
of items pulled for discussion |
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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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November 23,
2004
1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Approve Tourist Development Council emergency
funding for advertising to promote Lee County; approve budget amendment
resolution. Also, approve Change
Order No. 6 to RFP-00-10 TOURISM ADVERTISING, PROGRAM PLANNING, CREATION AND
IMPLEMENTATION, Contract 1584, with BVK McDonald in the NTE amount of
$1,500,000.00 to designate these funds for Hurricane Recovery Campaign
emergency advertising and the final renewal of agreement through September
30, 2005. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Authorizes VCB Director to use, at his discretion,
up to $1,500,000.00 of TDC reserves and tourist revenue for emergency
advertising based on the impacts of Hurricane Charley and applies these funds
to the advertising contract already in place. (#20041266-VCB) |
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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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ACTION
REQUESTED: Accept a Petition to Vacate a 12-foot wide
Drainage and Public Utility Easement located at 1226 Damen St. E., Lehigh
Acres, FL 33936, and adopt a resolution, setting a Public Hearing for 5:00 PM
on the 14th day of December, 2004. (Case No. VAC2004-00059) 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:
Sets the time and date of the Public Hearing.
(#20041452-Development Services) |
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ACTION
REQUESTED: Accept a Petition to Vacate a 12-foot wide Public
Utility Easement located at 807 North Ave., Lehigh Acres, FL 33972, and adopt
a resolution, setting a Public Hearing for 5:00 PM on the 14th day of
December, 2004. (Case No.
VAC2004-00062) 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.
(#20041457-Development Services) |
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5. |
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 152,
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. (#20041365-County Lands) |
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ACTION
REQUESTED: Authorize:
(1) approval of Easement Purchase Agreement for acquisition of Parcel 122,
Gunnery Road Widening. Project 4055, in the amount of $1,500.00; (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. (#20041366-County Lands) |
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ACTION
REQUESTED: Authorize:
(1) approval of Easement Purchase Agreement for acquisition of Parcel 179,
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. (#20041367-County Lands) |
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ACTION
REQUESTED: Authorize:
(1) approval of Easement Purchase Agreement for acquisition of Parcel 173,
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. (#20041368-County Lands) |
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ACTION
REQUESTED: Authorize:
(1) approval of Easement Purchase Agreement for acquisition of Parcel 187,
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. (#20041370-County Lands) |
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ACTION
REQUESTED: Authorize (1) approval of Easement Purchase
Agreement for acquisition of Parcel 189, 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. (#20041371-County Lands) |
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ACTION
REQUESTED: Authorize:
(1) approval of Easement Purchase Agreement for acquisition of Parcel 159,
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. (#20041372-County Lands) |
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ACTION
REQUESTED: Authorize:
(1) approval of Easement Purchase Agreement for acquisition of Parcel 181,
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. (#20041376-County Lands) |
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ACTION
REQUESTED: Authorize: (1) approval of Easement Purchase
Agreement for acquisition of Parcel 161, 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. (#20041423-County Lands) |
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ACTION
REQUESTED: Approve Purchase Agreement for acquisition of
Parcel 331, Imperial Street Widening Project No. 4060, in the amount of
$190,000; 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. (#20041433-County Lands) |
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ACTION
REQUESTED: Approve Purchase Agreement for acquisition of
Parcel 335-RW, Three Oaks Parkway South Extension Project No. 4043, in the
amount of $1,500; 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. (#20041465-County Lands) |
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ACTION REQUESTED: Approve the purchase of
STRAP Number 04-44-25-18-00001.0060 in East Fort Myers for the Schandler Hall
Park Improvements Project No. 1758, in the amount of $115,000, pursuant to
the terms and conditions as set forth in the Agreement for Purchase and Sale
of Real Estate; authorize the Chairman on behalf of the Board of County
Commissioners to sign the Purchase Agreement; authorize payment of necessary
fees and costs to close, authorize the Division of County Lands to handle and
accept all documentation necessary to complete this transaction; approve
budget transfer in the amount of $120,000 from Park Impact Fees – District 3
reserves and amend the FY 04-05/08-09 CIP accordingly. WHY ACTION IS NECESSARY: The Board must accept all
real estate conveyances to Lee County and approve budget transfers. WHAT ACTION ACCOMPLISHES: Transfers funds to acquire property for the expansion of
Schandler Park. (#20041471-County Lands) |
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ACTION REQUESTED:
Authorize:
(1) approval of Easement Purchase Agreement for acquisition of Parcel 160,
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. (#20041478-County Lands) |
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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 Supplemental Task Authorization No. 1, Contract
No. 2472 to Gray-Calhoun and Associates in the amount of $114,193.89, under
CN-03-04 – Miscellaneous Traffic Engineering Services – Summerlin ITS Design. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Authorizes consultant firm of Gray-Calhoun and
Associates to provide professional services for the designs for installation
of an Intelligent Transportation System (ITS) along CR869/Summerlin Road from
North of Cypress Lake Drive to South of Boy Scout Drive. (#20041352-Transportation) |
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ACTION
REQUESTED: Approve the award of Formal Quote No. Q-040587 for
The Annual Purchase of Pit Shell for DOT and County-wide use to the following
vendors meeting specifications:
DeSoto Sand and Shell, LLC, Florida Shell & Fill Company, Panther
Mining LLC and Southwest Florida Shell, LLC at the prices listed on the
attached tabulation sheet (including the options for delivery). The annual
expenditure for pit shell is anticipated to be approximately $60,000. This quote shall be in effect for one
year, or until new quotes are taken and awarded. Also request authority to renew this quotation for four
additional one-year periods, if in the best interest of the County, at the
expiration of the original term. Funding will be made available by
individual departments and divisions account strings whom will be responsible
for monitoring their individual expenditures. WHY ACTION
IS NECESSARY: To provide a constant source of pit shell that
conforms to DOT’S Standard Specifications. WHAT ACTION
ACCOMPLISHES: Establishes the standards, pricing and
availability for pit shell on an annual basis. (#20041444-Transportation) |
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ACTION
REQUESTED: Rescind previous award to James Kennedy Lawn
Service for Formal Quotation Q-030680, Landscape Maintenance of Medians for
Various Locations-D.O.T. for the Department of Transportation. Effective date of termination was November
1, 2004. WHY ACTION
IS NECESSARY: Board approval is required to rescind formal level
quotation. WHAT ACTION
ACCOMPLISHES: Allows D.O.T. to terminate contract with vendor
failing to perform in a satisfactory manner. (#20041449-Transportation) |
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ACTION
REQUESTED: Award B-05-01, Countywide Resurface Rebuild
(Lehigh Acres, South Fort Myers and North Fort Myers), for the Department of
Transportation, to the lowest responsive/responsible bidder meeting all
bidding requirements, Ajax Paving Industries Inc., for a total not-to-exceed
contract amount of $940,326.32, with a final project completion time of 180
calendar days. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Provides a contractor that involves the road resurfacing and rebuilding of various streets
located in Lehigh Acres, North Fort Myers and South Fort Myers.
(#20041479-Transportation) |
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10. |
UTILITIES |
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ACTION REQUESTED: Approve final acceptance,
by Resolution, and recording of one (1) utility easement as a donation of
four (4) 6” diameter fire lines serving Market Square Shopping Center, Lot 10. This is a Developer Contributed
asset project located on the east side of S. Tamiami Trail, approximately
1,450 feet south of Daniels Road. WHY ACTION IS NECESSARY: To provide fire protection
and to the recently constructed addition to the shopping center. WHAT ACTION ACCOMPLISHES: Places the fire lines into operation and complies
with the Lee County Utilities Operations Manual. (#20041242-Utilities) |
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ACTION REQUESTED: Approve construction of a
water distribution and gravity collection system serving Timberwalk. This is a
developer contributed asset and the project is located on the east side of
Three Oaks Parkway approximately 1 mile south of Alico Road. WHY ACTION IS NECESSARY: To provide potable water
service, fire protection and sanitary sewer service to this proposed
multi-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. (#20041267-Utilities) |
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ACTION REQUESTED: Approve construction of a
water main extension serving Hidden
Pines Subdivision. This is
considered a Developer contributed asset and the project is located on the
north side of Briarcliff Road approximately 2.5 miles east of US 41 south. WHY ACTION IS NECESSARY: To provide potable water
service and fire protection to this proposed 15-lot single-family
subdivision. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual. (#20041435-Utilities) |
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ACTION REQUESTED: Approve final acceptance
by Resolution as a donation for a water distribution system serving Herons
Glen, Unit 13. This is a Developer contributed asset
project located on the east side of N. Tamiami Trail approximately ¼ mile
south of the Lee/Charlotte County line. WHY ACTION IS NECESSARY: To provide potable water service to this phase of the residential development. WHAT ACTION ACCOMPLISHES: Places the water distribution system into
operation and complies with the Lee County Utilities Operations Manual.
(#20041437-Utilities) |
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ACTION REQUESTED: Approve final acceptance,
by Resolution, and recording of one (1) utility easement as a donation of
four (1) 4” diameter fire line serving Lake
Pointe Commons, Phase 4. This is
a developer contributed asset project located on the south side of West
College Pointe Drive, approximately 800’ east of McGregor Boulevard. 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. (#20041438-Utilities) |
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ACTION
REQUESTED: Approve Addendum to the Construction Manager
Agreement for RFQ-01-04, Continuing
Contract for Construction Management, with Cardinal Contractors, Inc.
for the Corkscrew Water Treatment Plant project with a Guaranteed Maximum
Price (GMP) in the amount of $243,203.00 (includes CM Fee). The project
completion time is expected to be 120 calendar days. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Provides the County with a Construction Manager to
furnish and install five Crown 7HH-600 submersible well pumps for Corkscrew
wells #2, 3, 4, 5 and 6.
(#20041448-Utilities) |
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ACTION
REQUESTED: Approve and authorize Chairman to execute Change
Order #1 with Youngquist Brothers, Inc. under Contract #2808 (RFQ-04-01) DEEP
INJECTION WELL AND MONITORING WELL CONSTRUCTION, for the project known as
Pinewood Injection Well in the amount of $1,194,600 for a total contract
amount of $5,127,600.00. WHY ACTION
IS NECESSARY: Board approval is required. WHAT ACTION
ACCOMPLISHES: Youngquist Brothers to proceed with the Pinewood
Injection Well project.
(#20041480-Utilities) |
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11. |
PARKS AND RECREATION |
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ACTION
REQUESTED:
Approve the Florida Communities Trust Grant Award
Agreement for a grant award in the amount of $2,530,804.98 for the
Conservation 20/20 site #200, which is part of the Wild Turkey Strand
Preserve. WHY ACTION
IS NECESSARY: Approval of the Grant Award Agreement is required
to receive reimbursement grant. WHAT ACTION
ACCOMPLISHES: Approve Florida Communities Trust Grant
Award Agreement required to receive the grant. (#20041505-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).
(#20041498-Clerk of Courts) |
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November
23, 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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ACTION REQUESTED: Initiate a Board of County
Commissioner sponsored Lee Plan Special Amendment to address concerns raised
by the Board regarding the Coastal Rural future land use category and other
provisions of the Pine Island Community Plan. WHY ACTION IS NECESSARY: To address issues raised
by the challenge to the adopted Pine Island Community Plan by affected
parties and the County sponsored Hanson Report, and to address other issues
raised during discussions with the interested parties. WHAT ACTION ACCOMPLISHES: Allows for the timely reevaluation of specific
portions of the Pine Island amendments. (#20041504-Planning) |
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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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13. |
HEARING EXAMINER |
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ACTION REQUESTED: Approval of revisions to Lee County Administrative Code (AC) Section 2-2, Zoning/Land Use and Code Enforcement Hearing Examiner’s Office. Approve a Resolution to amend AC-2-2. WHY ACTION IS NECESSARY: For general “housekeeping” purposes, and to update
the requirements and processes relating to the employment of the Deputy
Hearing Examiner and Staff for the Hearing Examiner’s Department. WHAT ACTION ACCOMPLISHES: Creates the Deputy Hearing Examiner position as an employee position under the direct supervision of the Chief Hearing Examiner; clarifies the administrative authority of the Chief Hearing Examiner; establishes new base salaries for both Hearing Examiner positions; preserves the decision making autonomy of each Hearing Examiner; and establishes punitive measures for any Hearing Examiner attempting to influence or interfere with the decisions of the other Hearing Examiner. (#20041473-Hearing Examiner) |
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14. |
PORT AUTHORITY |
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15. |
CONSTITUTIONAL OFFICERS |
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WALK ON AGENDA ITEMS
November 23,
2004
Walk On |
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ACTION REQUESTED:
WHY ACTION IS NECESSARY: |
(#2) | Walk On |
ACTION REQUESTED: 1) Approve and Authorize the Chairman to sign Change Order No. 3 to the existing contract with Crowder Gulf JV (Lee Contract No. 1848) in an amount not to exceed $425,000.00 for the collection and transport of demolition debris (excluding whole structure demolition debris) as placed at the roadways on Upper Captiva Island. 2) Authorize staff to perform all legal and administrative tasks required to establish an MSTU for the northern developed area of Upper Captiva Island for the purpose of establishing a reimbursement source for the costs incurred by the County to collect, transport, and dispose of the demolition debris caused by Hurricane Charley. 3) Authorize transfer of funds in the amount of $500,000.00 from Solid Waste Reserves. WHY ACTION IS NECESSARY: Expenditures in excess of $50,000 require Board approval. WHAT ACTION ACCOMPLISHES: Authorizes County staff to direct its Contractor to perform collection and transport of storm related (C&D) debris from Upper Captiva. (#20041558-Solid Waste) |
5:00
PM |
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ACTION
REQUESTED: Conduct a Public Hearing to adopt a Resolution on
Petition to Vacate a portion of a 50-foot wide non-county maintained Road
Right-of-Way (660.05 +/- feet in length) located off of Winkler Road
Extension at south end of Brook Hollow Lane in Seminole Gardens, Fort Myers,
Florida, (Case No. VAC2004-00027) WHY ACTION
IS NECESSARY: To vacate
the public’s interest in a portion of the Right-of-Way to provide for the
development of a residential project known as Banyan Bay. The
vacation of these rights-of-way will not alter traffic conditions and the
rights-of-way are not necessary to accommodate any future traffic
requirement. WHAT ACTION
ACCOMPLISHES: Vacates the right-of-way. (#20041428-Development
Services) |
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5:05
PM |
Public
Presentation of Matters by Citizens |
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Adjourn |