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District #1 Bob
Janes |
District #2 Douglas St. Cerny Chairman |
District #3 Ray
Judah
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District #4 Tammy Hall Vice Chair |
District #5 John E. Albion |
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Donald D. Stilwell, County Manager |
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Robert W. Gray, Deputy
County Attorney |
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January 18, 2005 |
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
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9:30
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Invocation: |
Pastor Russell Howard |
McGregor
Baptist Church |
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Pledge
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Presentations: |
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Emergency
Planning and Community Right-to-Know Awareness Week Resolution |
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(Commissioner
Albion-#20050026) |
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(Commissioner
Albion-#20050027) |
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(Commissioner
Hall-#20050028) |
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(Dinah
Lewis, Human Resources-#20041633) |
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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'
Items/Committee Appointments |
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County
Manager Items |
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County
Attorney Items |
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Adjourn |
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January
18, 2005
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1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Approve the attached list of Public Official
Faithful Performance Bonds WHY ACTION
IS NECESSARY: To comply with the provisions of F.S. 137.05 (copy
attached). WHAT ACTION
ACCOMPLISHES: Assures compliance with above provisions. (#20050005-Risk Management) |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION
REQUESTED: Approve lease with the Honorable Connie Mack, a
Member of the U.S. House of Representatives, for 1,888 square feet of space
at the Justice Center Annex (former SunTrust Plaza), on the 3rd
floor, suite #303. Lease will be for
2 years and correspond with the term of the office, which ends on January 2,
2007. Rental cost received will be at
$17.00 per square foot or $32,096.04 per year. WHY ACTION
IS NECESSARY: Board must approve all lease agreements. WHAT ACTION
ACCOMPLISHES: Allows the Honorable Connie Mack to establish his
office in Fort Myers.
(#20041717-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 the Public’s Interest
in a portion of the platted Right-of-Way of Dean Street adjacent to a
residential lot located on 4991 Dean St., Fort Myers, Florida, and adopt a
resolution setting a Public Hearing for 5:00 PM on the 8th day of
February 2005. (Case No.
VAC2004-00066) WHY ACTION
IS NECESSARY: To allow the property owner to convey title to the
existing single-family residence on the subject parcel. Due to a construction error, which
occurred when the home was constructed in 1958, a portion of the existing
structure is located within the road right-of-way. The vacation of this
portion of right-of-way will not alter traffic or drainage conditions and the
right-of-way is not necessary to accommodate any future traffic or drainage
requirement. WHAT ACTION
ACCOMPLISHES: Setting the time and date of the Public
Hearing. (S9-T44S-R25E) (#2)
(#20041693-Development Services) |
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ACTION
REQUESTED: Accept a Petition to Vacate portions of the
existing right-of-way of Treeline Avenue, located north of Daniels Parkway
and south of Sun City (Pelican Preserve), Fort Myers, Florida, and adopt a
resolution setting a Public Hearing for 5:00 PM on the 8th day of
February 2005. (Case No.
VAC2004-00051) WHY ACTION
IS NECESSARY: Establishes an alternative alignment for Treeline
Avenue and provides for design, permitting and construction of the roadway
and utility improvements by Worthington under the direction/supervision of
Lee County. The vacation of these rights-of-way will not alter traffic or
drainage conditions and the rights-of-way are not necessary to accommodate
any future traffic or drainage requirement. WHAT ACTION
ACCOMPLISHES: Setting the time and date of the Public Hearing. (S11 and 23-T45S-R25E) (#5)
(#20041712-Development Services) |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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ACTION
REQUESTED: Approve Change Order No. 2 to RFP-03-03 ADA
Paratransit Services, Contract No. 2534, with Good Wheels to increase the
rates for the months of December 2004 through March 2005 in the amount of
$467,500.00. WHY ACTION
IS NECESSARY: Board approval is required WHAT ACTION
ACCOMPLISHES: The purpose of this Change Order is to increase
the rates for the months of December 2004 through March 2005 for this
short-term arrangement.
(#20041681-Transit) |
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ACTION
REQUESTED: Request Board to execute interlocal agreement with
Lee County School Board to allow the County to install its own air
conditioning system at Dunbar-Jupiter Hammon Library. Also approve Budget Transfer from Library
Reserves in the amount of $85,000 and amend FY04/05-08/09 CIP for the Dunbar
Library Chiller Plant and Irrigation accordingly. WHY ACTION
IS NECESSARY: Board approval is required for interlocal
agreements. WHAT ACTION
ACCOMPLISHES: Sets forth terms allowing the County to install
its own air conditioning and irrigation system at Dunbar-Jupitar Hammon
Library. (#20041720-Library) |
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ACTION
REQUESTED: Approve the purchase of STRAP Number
04-44-25-18-00001.0080 in East Fort Myers for the Schandler Hall Park
Improvements Project No. 1758, in the amount of $112,000, 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. WHY
ACTION IS NECESSARY: The Board must accept all real estate conveyances
to Lee County. WHAT
ACTION ACCOMPLISHES: Approves
acquisition
of property for the expansion of Schandler Park (#20041723-County Lands) |
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ACTION REQUESTED: Approve County Deed releasing right of entry to
phosphate, mineral, metal and petroleum rights the County holds on property
in Buckingham sections 17 and 20, township 44, range 26, further identified as
STRAP numbers 17-44-26-00-00001.0000, 17-44-26-00-00003.0000,
20-44-26-00-00001.0000, and 20-44-26-00-00006.0000; authorize Chairman to
execute County Deed; authorize County Lands to handle and complete all
documentation necessary to finalize this transaction. WHY ACTION IS NECESSARY: The property owners have requested that the County
release right of entry to phosphate, mineral, metal, and petroleum interests
reserved by the County in accordance with FS § 270.11. WHAT ACTION ACCOMPLISHES: Clear up title issues. (#20041724-County Lands) |
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ACTION
REQUESTED: Award B-05-05 UNIVERSITY OVERLAY LANDSCAPE AND
IRRIGATION MAINTENANCE, for MSTBU, to the lowest responsive, responsible
bidder meeting all bidding requirements, Stiles Landscape Company, for a
monthly total of $4,736.00, and a not-to-exceed annual amount of $56,832.00
plus additional fees for Mark Ups, Additional Work Requested and Emergency
Work, with a project duration of two (2) years with two (2) one-year
renewals. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Provides Lee County with a contractor to perform
landscape and irrigation maintenance for 4.6 miles of median along Ben Hill
Griffin Parkway, and Corkscrew Road from Ben Hill Griffin to I-75. Irrigation includes 11 wells, and approximately
624 trees of different varieties.
(#20050010-MSTBU Services) |
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7. |
PUBLIC SAFETY |
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ACTION
REQUESTED: Authorize Chairman to execute an agreement with
the Department of Community Affairs for Homeland Security funding in the
amount of $192,965.00. Approve budget
resolution in like amount. WHY ACTION
IS NECESSARY: Board approval is required for all agreements. WHAT ACTION
ACCOMPLISHES: Provides financial support to Lee County to
purchase homeland security equipment for that meets objectives contained in
the state’s Domestic Security Strategy.
(#20041730-Emergency Management) |
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ACTION REQUESTED: Approve Memorandum of Understanding (MOU) between
the Lee County School Board and the Board of County Commissioners of Lee
County, Florida to co-locate a Pod/Mobile Mini container system (POD) to
store medical supplies with a refueling facility on School Board property. WHY ACTION IS NECESSARY: The Board of County Commissioners must approve
agreements with other entities. WHAT ACTION ACCOMPLISHES: By co-locating the supply point with a refueling
facility, this reduces the cost and time involved in stopping elsewhere for
supplies; and translates to better medical service to patients needing EMS
Services. (#20050021-EMS) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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9. |
TRANSPORTATION |
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ACTION REQUESTED: Request BOCC execute the attached Consent
Agreement with South Florida Water Management District (SFWMD) for a
violation that occurred along the Briarcliff/Fiddlesticks Ditch in
association with the Alico Road Widening project. Also approve payment of
$8,240.00 to the SFWMD as part of the settlement. WHY ACTION
IS NECESSARY: Execution of this Consent Agreement avoids formal
enforcement action to be taken by SFWMD. WHAT ACTION
ACCOMPLISHES: Completes the resolution of the violation
previously identified by the South Florida Water Management District in July
2003. (#20041705-Transportation) |
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ACTION
REQUESTED: Award B-05-04 SUMMERLIN ROAD SIX LANING , for the
Department of Transportation, to the
lowest responsive, responsible bidder
meeting all bidding requirements, Phoenix Construction Services, Inc., for a
total not-to-exceed contract amount of $39,493,532.00, utilizing LCU
Alternate “A” in the amount of $153,642.00, with a project completion time of
twenty (20) months. Also, approve
various transfers from reserves and budget amendment resolution in the total
amount of $12,060,000. Amend Capital
Improvement Program for FY05-09. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: Provides County with a Contractor for the widening
of Summerlin Road (CR 869) from existing four lanes to six lanes beginning at
the West side of the San Carlos Boulevard intersection through the North side
of the Gladiolus intersection. A
grade separation will be added at the intersection of Summerlin Road and
Gladiolus and also at the intersection of Summerlin Road and San Carlos
Boulevard. (#20041708-Transportation) |
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ACTION
REQUESTED: Approve Change Order No. 1 to Contract 2102 with
EarthData International for CN-02-10 Aerial Photography and Digital Mapping
Services, for the Department of Transportation, in the amount of
$679,662.00. Also approve budget
amendment resolution for the Capital Improvement fund #301 in the amount of
$174,708. Amend FY04-05/08-09 CIP
accordingly. WHY ACTION
IS NECESSARY: Board Approval Required. WHAT ACTION
ACCOMPLISHES: Update the digital orthophoto base maps for Lee
County. (#20050018-Transportation) |
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10. |
UTILITIES |
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ACTION REQUESTED: Approve final acceptance, by Resolution, and
recording of a utility easement as a donation for one 6’’ diameter fire line
and one fire hydrant serving GOODWILL
PARKVIEW APARTMENTS. This is a
Developer contributed asset project located on the west side of Old US 41
approximately 1/3 mile north of Bayshore Road. WHY ACTION IS NECESSARY: To provide water service and fire protection to
the recently constructed apartment building. WHAT ACTION ACCOMPLISHES: Places the fire line and fire hydrant into
operation and complies with the Lee County Utilities Operations Manual. (#20041579-Utilities) |
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ACTION REQUESTED: Approve final acceptance, by Resolution and
recording of one (1) utility easement, as a donation of one 10” diameter
master meter assembly, a gravity main extension, and upgrades to Lift Station
#226 to serve Mastique. This is a developer contributed asset
project located on the east side of Bunche Beach Road approximately ¼ mile
south of Summerlin Road. WHY ACTION IS NECESSARY: To provide potable water service, fire protection,
and sanitary sewer service to the recently constructed multi-family
residential project. WHAT ACTION ACCOMPLISHES: Places the water and wastewater facilities into
operation and complies with the Lee County Utilities Operations Manual. (#20041580-Utilities) |
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ACTION REQUESTED: Approve final acceptance, by Resolution, and
recording of one (1) Utility Easement as a donation of a water main
extension, fire hydrant, 4” diameter fire line and a force main extension
serving Gladiolus Commercial Site,
Phase 1. This is a Developer
Contributed asset project located on the east side of Gladiolus Drive at the
intersection of Gladiolus Drive and Old Gladiolus Drive, approximately 1/3
mile from S. Tamiami Trail. 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 water main and force main into
operation and complies with the Lee County Utilities Operations Manual. (#20041581-Utilities) |
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ACTION REQUESTED: 1) Approve Final Acceptance, by Resolution and
recording of a Utility Easement and Rebatable Agreement; and, 2) authorize
the chairman on behalf of the BOCC to execute the Rebatable Agreement, as a
donation of a water distribution system, gravity collection system, lift
station and force main extension serving Plantation Corporate Park. This is a developer contributed assets
project located on the north side of Crystal Drive between Metro Parkway and
Plantation Road. WHY ACTION IS NECESSARY: To provide potable water and sanitary sewer
service to the above mentioned commercial development as well as other
parcels along Crystal Drive. WHAT ACTION ACCOMPLISHES: Places the water distribution and sanitary sewer
systems into operation and complies with the Lee County Utilities Operations
Manual. (#20041582-Utilities) |
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ACTION
REQUESTED: Approve the utilization for the Utilities
Division, of piggybacking from the Lee County Clerk of Courts, of the
agreement with Intuition Systems, Inc. for banking services for an estimated
yearly amount of $80,000.00. This
contract shall be in effect until June, 2007 with two (2) one (1) year
optional renewals. Also, authorize
Chairman to execute agreements upon receipt. WHY ACTION
IS NECESSARY: Board approval required. WHAT ACTION
ACCOMPLISHES: This agreement provides remittance processing and
other related services through the use of a Retail Lockbox that receives
deposits for the payment of water and sewer bills as well transmitting
pre-authorized debit files to the bank for processing. (#20041707-Utilities) |
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11. |
PARKS AND RECREATION |
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ACTION
REQUESTED: Request Board approve various budget transfers in
the amount of $2,600,000 to provide funding for regional park projects and
community park, district #3 projects.
Amend the FY 04/05 CIP accordingly and provide appropriate funding
sources to existing and new CIP projects. WHY ACTION
IS NECESSARY: Board action is necessary to transfer funds
between capital projects, from reserves, and establish new CIP projects. WHAT ACTION
ACCOMPLISHES: Provides funding for Parks and Recreation to
proceed with various projects and clarifies funding sources for new and
existing CIP projects.
(#20041653-Parks and Recreation) |
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ACTION
REQUESTED: Authorize the Chairman to execute a Recreational
Trails grant agreement between the Florida Department of Environmental
Protection (DEP) and Lee County. This
grant in the amount of $100,000 with a $100,000 match allows for the
Caloosahatchee Creeks Preserve public facilities project for mixed-use
non-motorized recreational trails.
Approve Budget Amendment in the amount of $100,000 match. WHY ACTION
IS NECESSARY: To accept grant funds from the Florida Department
of Environmental Protection (DEP) for the Caloosahatchee Creeks Preserve
Trail public facilities project. WHAT ACTION
ACCOMPLISHES: The grant agreement establishes a mechanism for
Lee County to receive funds on a reimbursement basis for the Caloosahatchee
Creeks Preserve Trail public facilities project. (#20050017-Parks and Recreation) |
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12. |
COUNTY ATTORNEY |
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ACTION REQUESTED: Approve and authorize execution and recording of
an Agreement between Kelly Greens Master Association, Inc. d/b/a Kelly Greens
Golf & Country Club (“Kelly Greens”), the Lee County Sheriff and the
County for the County’s exercising of County jurisdiction over certain roads
within Kelly Greens for traffic control purposes. WHY ACTION IS NECESSARY: Agreements involving the County’s exercise of
jurisdictional control over roadways must be approved and executed by the
Board of County Commissioners pursuant to Florida Statute. WHAT ACTION ACCOMPLISHES: Memorializes a three-party Agreement for the
County’s exercise of jurisdictional control over certain private roads for
traffic control purposes by the Sheriff.
(#20050002-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).
(#20041678-Clerk of Courts) |
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ACTION REQUESTED: Approve payment of delinquent tax overbid
claim-Capital Recovery and Investments, Inc. 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. (#20050013-Clerk of Courts) |
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ACTION REQUESTED: Approve payment of delinquent tax overbid
claim-Cosby. 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. (#20050014-Clerk of Courts) |
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ACTION REQUESTED: Approve payment of delinquent tax overbid
claim-Jimenez. 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. (#20050015-Clerk of Courts) |
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January
18, 2005
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1. |
COUNTY ADMINISTRATION |
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ACTION
REQUESTED: Approve a settlement of $62,500.00 in the case of
Rebecca Desroches v. Lee County. WHY ACTION
IS NECESSARY: To consider a settlement demand that has been
made. WHAT ACTION
ACCOMPLISHES: Resolves case prior to litigation limiting the
County’s exposure. (#20041728-Risk
Management) |
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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: Approve an agreement with the Lehigh Acres
Community Planning Corporation to provide public financial support in the
amount of $25,000.00 for development of the Lehigh Acres Community Plan. WHY ACTION IS NECESSARY: Section 3.1 of Administrative Code 13-3 requires
contract approval by the Board of County Commissioners. WHAT ACTION ACCOMPLISHES: Sets forth requirements for the issuance of Sector
Planning funds to the Lehigh Acres Community Planning Corporation for the
development of the Lehigh Acres Community Plan. (#20041669-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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ACTION
REQUESTED: Waive formal procurement procedures and approve
and authorize the Chairman to sign a Memorandum of Understanding
("MOU") between Lee County and Covanta Energy, Inc, the current
operator of the County Waste to Energy facility, that outlines services,
costs, and responsibilities of the Parties for Engineering Oversight,
Construction Management and Start-Up of the Waste to Energy Third Unit
Expansion Project. WHY ACTION
IS NECESSARY: Purchases /contracts greater than $50,000 require
Board approval. WHAT ACTION
ACCOMPLISHES: Establishes an interim written understanding of
the roles, costs, and responsibilities for the County and Covanta Energy,
Inc. for the design and construction and of the Waste to Energy Expansion
Project (third unit). This MOU will
be replaced with a definitive agreement within the next year. (#20040814-Solid Waste) |
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ACTION REQUESTED: Option #1: Approve staff
and consultant recommendation to utilize the Lee County Local Bidder
Preference Ordinance, Lee County Ordinance No. 00-10 for B-05-02, Ten Mile
Canal Filter Marsh & Linear Park, Phase I for the Natural Resources
Division, and award to Wright Construction Corp. for the Not-to-Exceed amount
of $2,654,593.65, with a final project completion time of 240 days. OR Option #2: Award B-05-02, TEN MILE
CANAL FILTER MARSH & LINEAR PARK, PHASE I, for the Natural Resources
Division, to the low bidder meeting all bidding requirements, Westwind
Contracting, Inc., for a total not-to-exceed amount of $2,599,800.17, with a
final project completion time of 240 days. WHY ACTION IS NECESSARY: Requires Board Approval WHAT ACTION ACCOMPLISHES: To discuss option of
utilizing the Lee County Local Bidder Preference Ordinance No. 00-10 and to
select a contractor for the construction of Ten Mile Canal Filter Marsh &
Linear Park Phase I, Bike Path, Pedestrian Bridge, Maintenance Road and
associated structures as indicated on the plans and specifications. (#20041727-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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ACTION
REQUESTED: Approve the Resolution of Necessity for the
acquisition and condemnation of parcels required for the Gladiolus Drive
Widening Project, No. 4083. WHY ACTION
IS NECESSARY: The Board must formally approve the Resolution of
Necessity prior to proceeding with condemnation of parcels necessary for the
project. WHAT ACTION
ACCOMPLISHES: Allows the County to proceed with condemnation, if
necessary, so parcels can be acquired for the Gladiolus Drive Widening
Project, No. 4083. (#20050003-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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January 18, 2005
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(#1)
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Walk On |
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ACTION REQUESTED:
WHY ACTION IS NECESSARY:
WHAT ACTION ACCOMPLISHES:
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| (#2) | Walk On |
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ACTION REQUESTED:
WHAT ACTION ACCOMPLISHES: |
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| (#3) | Walk On |
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ACTION REQUESTED: |