District #1Bob
Janes |
District #2 Douglas St. Cerny Chairman |
District #3 Ray
Judah
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District #4 Tammy Hall Vice Chair
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District #5 John E. Albion |
Donald D. Stilwell County Manager |
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David M. Owen County
Attorney |
April 26, 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
9:30
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Invocation: |
Dr.
Ryan Deaton |
Life
Church |
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Pledge
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Recap |
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Public
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Items
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Motion
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Consideration
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Walk-ons
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Commissioners'
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County
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County
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Adjourn
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April 26, 2005
1. |
COUNTY ADMINISTRATION |
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ACTION REQUESTED/PURPOSE: Request Board execute Agreement between the Lee
County Board of county Commissioners and the Lee County School Board for the
Driver’s Education Summer Program and authorize the release of $78,500.00
from the funds collected through Lee County Ordinance #02-28 Dori Slosberg
Driver Safety Education Act.
Authorize Chairman to execute contract upon receipt from the Lee
County School Board. WHAT ACTION ACCOMPLISHES: Provides approval for the release of funds
collected for use of the Drivers Education Summer Program with the Lee County
School Board. MANAGEMENT RECOMMENDATION: Recommend approval (#20050493-Budget Services) |
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners to adopt a
resolution authorizing the borrowing of up to $800,000 from the Tax Exempt
Commercial Paper Program for upgrading of Harbor Drive. MSBU projects must be included in a
resolution prior to funding the improvements with Commercial Paper. WHAT ACTION ACCOMPLISHES: Approval of the resolution allows for specific
draws on the credit line to be made to provide construction funds. MANAGEMENT RECOMMENDATION: Approve Resolution for Commercial Paper (#20050472-Budget Services) |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION REQUESTED/PURPOSE: Approve Change Order No. 2 to J. L. Wallace, Inc.,
under RFQ-02-02 Estero Community Park, in the amount of $108,890.00. This project was in the CIP and the funds
are available within the budget. WHAT ACTION ACCOMPLISHES: Allows Construction Manager to complete the Estero
Community Park project to add a permanent generator and change the emergency
lighting. MANAGEMENT
RECOMMENDATION: Approve
(#20050444-Construction and Design) |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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ACTION
REQUESTED/PURPOSE: Accept a Petition to Vacate a 20-foot wide platted
Drainage Easement at 12202 and 12196 Country Day Cir., Fort Myers, located of
off Daniels Parkway, and adopt a resolution, setting a Public Hearing for
5:00 PM on the 24th day of May, 2005. (Case No. VAC2005-00010). WHAT ACTION ACCOMPLISHES: To provide for development of two (2) residential
lots. The existing drainage pipe and
structure within the easement have been relocated to the northeast corner of
the development and a replacement drainage easement has been provided for
these facilities. The vacation of this easement will
therefore not alter existing drainage conditions and the easement is not
necessary to accommodate any future drainage requirements. MANAGEMENT RECOMMENDATION: Approve (#20050432-Development
Services) |
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ACTION
REQUESTED/PURPOSE: Accept a Petition to Vacate a 12-foot wide Public
Utility Easement located at 711 and 713 Poinsettia Ave., Lehigh Acres and
adopt a resolution, setting a Public Hearing for 5:00 PM on the 24th day of
May, 2005. (Case No. VAC2004-00056). WHAT ACTION ACCOMPLISHES: 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. MANAGEMENT RECOMMENDATION: Approve (#20050459-Development
Services) |
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ACTION REQUESTED/PURPOSE: Award Service Provider Agreement for CN-05-05
AFFORDABLE HOUSING METHODOLOGY, Contract No. 3088 to Clarion Associates for a
Not-to-Exceed amount of $99,310.00. Contract completion time is November 7,
2005. WHAT ACTION ACCOMPLISHES: Consultant who will develop a legally supportable methodology that will accurately and reasonably assess the impacts of commercial developments on affordable housing and provide the means to adequately mitigate these impacts. MANAGEMENT
RECOMMENDATION: Staff recommends
approval (#20050494-Community
Development) |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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ACTION
REQUESTED/PURPOSE: Approve Purchase Agreement for acquisition of
Parcel 263-DE, Three Oaks Parkway South Extension Project No. 4043, in the
amount of $2,000; authorize payment of costs to close and the Division of
County Lands to handle all documentation necessary to complete transaction. WHAT ACTION ACCOMPLISHES: The Board avoids Eminent Domain. MANAGEMENT
RECOMMENDATION: Management recommends
Board approve the Action Requested.
(#20050465-County Lands) |
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ACTION
REQUESTED/PURPOSE: Authorize: 1) approval of Purchase Agreement in
Lieu of Condemnation for acquisition of Parcel 304, Imperial Street Widening
Project No. 4060, in the amount of $59,250; 2) Chairman, on behalf of the
Board, to sign the Purchase Agreement; and 3) the Division of County Lands to
handle and accept all documentation necessary to complete transaction and
grant an extension to close, if necessary. WHAT ACTION ACCOMPLISHES: Allows the
County to proceed with the project without resorting to Eminent Domain
proceedings. MANAGEMENT
RECOMMENDATION: Management recommends Board approve the Action
Requested. (#20050146-County Lands) |
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ACTION
REQUESTED/PURPOSE: Approve award of Formal Quotation No. C- 050136
Rock, Aggregate, Screenings, Base Material and Sand for Countywide use to the
quoters meeting specifications, Southwest Aggregates, Rinker Materials and
Florida Rock Industries Inc. at the prices listed on the attached Lee County
Tabulation Sheet. The initial term of this quote is one year; also request
authority to renew this quote for four additional one-year periods, at the
same terms and conditions, if in the best interest of Lee County; and to
exercise the price escalator clause as per the specifications on an as-needed
basis. Funding will come from the individual department or division’s budget
whom will be responsible for monitoring their individual expenditures. The
departments will spend approximately $145,000.00 annually. WHAT ACTION ACCOMPLISHES: Provides DOT, Parks and
other County departments with sources of rock, aggregate, screenings, base
material and sand at convenient locations throughout the County and a
constant supply of materials since pits may shut down at anytime due to the
lack of qualified supply or for mechanical reasons. MANAGEMENT RECOMMENDATION: Approve. (#20050457-Purchasing) |
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ACTION
REQUESTED/PURPOSE: Accept bid of $80,000 and approve Real Estate
Sales Agreement for the sale of County Surplus Property located at 1910
Golfside Village Drive, Lehigh Acres, (STRAP Number
27-44-27-02-00005.025A). Authorize
the chairman to execute the County Deed and authorize the Division of County
Lands to handle and accept all documentation necessary to complete the
transaction. WHAT ACTION ACCOMPLISHES: Approves the agreement and conveyance by Lee
County for the sale of surplus county real estate, returning it to the tax
roll and eliminating any further liability for maintenance and insurance. MANAGEMENT
RECOMMENDATION: Management recommends Board approve the Action
Requested. (#20050460-County Lands) |
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ACTION REQUESTED/PURPOSE: Accept
bid of $20,102.10 and approve Real Estate Sales Agreement for the sale of
County Surplus Property located at 6950 School Lane, Fort Myers, Florida
(STRAP Number 16-44-26-02-0000A.0000).
Authorize the chairman to execute the County Deed and authorize the
Division of County Lands to handle and accept all documentation necessary to
complete the transaction. WHAT
ACTION ACCOMPLISHES: Approves
the agreement and conveyance by Lee County for the sale of surplus county
real estate, returning it to the tax roll and eliminating any further
liability for maintenance and insurance. MANAGEMENT
RECOMMENDATION: Management recommends
Board approve the Action Requested.
(#20050461-County Lands) |
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ACTION
REQUESTED/PURPOSE: Approve a third extension to close the Real Estate
Sales Agreement between Lee County and Shady Rest Care Pavilion, Inc., a
Florida non-profit corporation, up to July 1, 2005; authorize the Director of
County Lands or designee, to extend closing up to an additional 60 days to
close, if necessary. Terms of the
existing Agreement to remain in effect. WHAT ACTION ACCOMPLISHES: Extends the time period to close this transaction. MANAGEMENT RECOMMENDATION: Management recommends Board approve the Action
Requested. (#20050477-County Lands) |
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ACTION REQUESTED/PURPOSE: Approve special event
permit for the Southwest Florida Aviation Foundation to hold their Fort Myers
Beach Airshow on May 12 through May 15, 2005. WHAT ACTION ACCOMPLISHES: Board approval is required for outdoor events
where the expectancy is for 5,000 persons or more a day. MANAGEMENT
RECOMMENDATION: Approve (#20050512-Public Resources) |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION REQUESTED/PURPOSE: Approve award of formal quotation (RFP B&R
2661-SM107B) and issuance of a purchase order to Mitsubishi International
Corporation, the low priced proposer, meeting all specification requirements
for a steam turbine and generator in the amount of $4,915,200.00. WHAT ACTION ACCOMPLISHES: Provides the necessary steam turbine and generator
for the Waste To Energy Expansion Project. MANAGEMENT
RECOMMENDATION: Staff recommends
approval of this request.
(#20050495-Solid Waste) |
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ACTION REQUESTED/PURPOSE: Approve and authorize the Chairman to sign a
contract between Lee County and Tampa Tank, Inc., the low price proposer,
meeting all specification requirements for the supply and installation of a
field fabricated demineralized water storage tank for an amount of
$87,000.00, all in accordance with RFP B&R 2661-141. WHAT ACTION ACCOMPLISHES: Provides the necessary demineralized water storage
tank for the Waste To Energy Expansion Project. MANAGEMENT RECOMMENDATION: Staff recommends
approval of Action Requested.
(#20050505-Solid Waste) |
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ACTION REQUESTED/PURPOSE: Approve and authorize the Chairman to sign Change
Order No. 1 to the Professional Service Agreement with Burns and Roe
Enterprises, Inc. (Lee Contract No. 2821) amending the amount allowed for the
‘pass-through’ cost for Professional Liability Insurance as provided for in
the original agreement to $300,756.00. WHAT ACTION ACCOMPLISHES: Allows Burns and Roe to pass on to Lee County the
actual cost for liability insurance in accordance with the agreement. Note:
The final cost of liability insurance was not known upon execution of
the agreement and an allowance of $100,000.00 was initially estimated. MANAGEMENT
RECOMMENDATION: Staff recommends
approval of Action Requested.
(#20050429-Solid Waste) |
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ACTION REQUESTED/PURPOSE: Approve an after-the-fact increase to Purchase Order 63224 (in lieu of PO 57960) in the amount of $226,160.04 for a total purchase order amount of $376,160.04 to Peterson Organics, Inc. (as issued under E-04-04, Resolution 04-08-61) to provide the Solid Waste Division with removal and disposal of vegetative mulch resulting from the debris removal activities resulting from Hurricane Charley. WHAT ACTION ACCOMPLISHES: Provides approval for the additional work required to transport and dispose of the storm material. MANAGEMENT
RECOMMENDATION: The Lee County Solid
Waste Division requests that the County Manager's office recommend approval of this
item. (#20050475-Solid Waste) |
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9. |
TRANSPORTATION |
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ACTION REQUESTED/PURPOSE: WHAT ACTION ACCOMPLISHES: Provides Lee County with a Contractor to provide
signalization for the U.S. Business 41 widening project. MANAGEMENT RECOMMENDATION: Lee County Department of Transportation requests
that the County Manager's office recommend approval of this item. (#20050471-Transportation) |
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ACTION REQUESTED/PURPOSE: Concur with the ranking of Consultants by the Competitive
Negotiations Committee for CN-05-06 BURNT STORE ROAD WIDENING – PINE ISLAND
ROAD TO VAN BUREN PARKWAY, in the following order of ranking, and authorize
contract negotiations with the number one ranked firm: (1) TY Lin International, (2) Dyer, Riddle,
Mills & Precourt, Inc., (3) Jacobs Civil, Inc. WHAT ACTION ACCOMPLISHES: Provides Lee County with a consultant to design
and permit the widening of Burnt Store Road (Pine Island Road to Van Buren
Parkway) from two (2) lanes to four (4) lanes in accordance with the corridor
study currently being conducted. MANAGEMENT
RECOMMENDATION: Approve
(#20050438-Transportation) |
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ACTION REQUESTED/PURPOSE: Approve expenditure of $34,185 in support of the Lee County Metropolitan Planning Organization (MPO) for FY 05/06, as required by Interlocal Agreement. WHAT ACTION ACCOMPLISHES: Provides Lee County’s
share of local government financial support to the MPO. MANAGEMENT
RECOMMENDATION: Approve
(#20050478-Transportation) |
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ACTION
REQUESTED/PURPOSE: Approve the Addendum to the Construction Manager Agreement under RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as Fence Construction for Veterans Parkway to Westco Builders of Florida Inc., for the Guaranteed Maximum Price (GMP) of $348,125.00 (includes $27,447.00 CM fee). Also request that the Board approve waiving of the formal process (if needed) and authorize the use of the Direct Material Purchase Orders as provided for in the CM agreement with Lee County, which allows the County to purchase directly from suppliers of equipment and/or materials as a cost/time saving measure. WHAT ACTION ACCOMPLISHES: Provides Lee County with a Construction Manager to install the Veterans Parkway Fence with a 6 foot high precast product. MANAGEMENT
RECOMMENDATION: Staff
recommends approval (#20050499-DOT) |
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10. |
UTILITIES |
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11. |
PARKS AND RECREATION |
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12. |
COUNTY ATTORNEY |
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13. |
HEARING EXAMINER |
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14. |
PORT AUTHORITY |
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15. |
CONSTITUTIONAL OFFICERS |
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ACTION REQUESTED/PURPOSE: Approve the following Minutes of the Lee County
Board of County Commissioners:
January 06, 2003 (Management & Planning); March 11, 2003
(Regular); May 05, 2003 (Zoning); June 24, 2003 (Regular); June 25, 2003 (Lee
Plan Transmittal); June 26, 2003 (Budget Workshop); September 02, 2003
(Regular); September 04, 2003 (Budget PH); September 09, 2003 (Executive
Session); September 15, 2003 (Zoning); September 23, 2003 (Regular); October
20, 2003 (Zoning); January 13, 2004 (Regular); January 20, 2004 (Regular);
January 27, 2004 (Regular). MANAGEMENT RECOMMENDATION: Approve (#20050523-Clerk of Courts) |
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ACTION REQUESTED/PURPOSE: Approve the following Minutes of the Lee County
Board of County Commissioners:
February 16, 2004 (Zoning); October 18, 2004 (Zoning); March 08, 2004
(Management & Planning); March 09, 2004 (Comp Plan Amend); April 05, 2004
(Management & Planning); May 03, 2004 (Management & Planning) May 03,
2004 (Zoning); June 07, 2004 (Management & Planning); December 06, 2004
(Special); December 21, 2004 (Executive Session) MANAGEMENT RECOMMENDATION: Approve (#20050524-Clerk of Courts) |
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ACTION REQUESTED/PURPOSE: Approve disbursements. WHAT ACTION ACCOMPLISHES: Florida
Statute Chapter 136.06(1) requires that all County disbursements be recorded
in the Minutes of the Board. Compliance with the requirements of FS
136.06(1). MANAGEMENT RECOMMENDATION: Approve
(#20050497-Clerk of Courts) |
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ACTION REQUESTED/PURPOSE: Present financial report
for information purposes. WHAT ACTION ACCOMPLISHES: To provide interim reporting on selected funds and revenues of the Lee County Board of County Commissioners. Included in the report in compliance with Chapter 218.415 Florida Statutes, Local Government Investment Policies is the stated and fair market value of the investments managed by the Clerk’s Office. Additionally, In pursuant to Lee County Ordinance 02-28 activity for the Driver’s Education Safety Trust Funds. The purpose of this report is to convey to you the financial status of selected significant funds of the Lee County Board of County Commissioners and the status of specific revenues as of the stated dates and the market value of the investments managed by the Clerk’s Office on behalf of the Board. MANAGEMENT RECOMMENDATION: Approve (#20050498-Clerk of
Courts) |
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ACTION REQUESTED/PURPOSE: Present to the Board of
County Commissioners the Independent Auditors’ Management Letter for the
fiscal year ended September 30, 2004. WHAT ACTION ACCOMPLISHES: Compliance with Chapter 10.550, “Rules of the Auditor General-Local Governmental Entity audits”, and Section 218.391, Florida Statutes. MANAGEMENT RECOMMENDATION: Approve
(20050492-Clerk
of Courts) |
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ACTION REQUESTED/PURPOSE: Request Board of County
Commissioners approve payment of Delinquent Tax overbid money to the
claimant. Pursuant to Florida Statute
Chapter 197 the Board is to hold unclaimed overbid funds from Delinquent Tax
sales for a period of two years on behalf of the original land owner. WHAT ACTION ACCOMPLISHES: The Clerk has received a verified claim of these funds and request that you release them to the claimant. MANAGEMENT RECOMMENDATION: Approve
(20050492-Clerk
of Courts) |
April
26, 2005
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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10. |
UTILITIES |
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11. |
PARKS AND RECREATION |
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12. |
COUNTY ATTORNEY |
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ACTION
REQUESTED/PURPOSE: Approve the Resolution of Necessity for the
acquisition and condemnation of parcels in Phase III, required for the Three
Oaks Parkway South Extension Project (East Terry Street north to within the
Brooks Subdivision), No. 4043. WHAT ACTION ACCOMPLISHES: Allows the
County to proceed with condemnation, if necessary, so parcels can be acquired
for the Three Oaks Parkway South Extension Project (East Terry Street north
to within the Brooks Subdivision), No. 4043. MANAGEMENT
RECOMMENDATION: Management recommends Board approve the Action
Requested (#20050468-County Attorney) |
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HEARING EXAMINER |
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14. |
PORT AUTHORITY |
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ACTION
REQUESTED/PURPOSE: Request Board consent to the Assignment of Lease
between the Lee County Port Authority and FC/WRE Realty Associates I, L.P.,
for Page Field Commons, located on approximately 45 acres in the West
Quadrant of Page Field. (Port
Authority) |
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ACTION
REQUESTED/PURPOSE: Request Board award PAB 05-10-Midfield Terminal
Complex Airport Relocation/Move to Suddath Relocation Systems, the lowest
most responsive, responsible bidder in the amount of $143,025.00 including
the base bid and Alternate #1. Funds
are available in account 418300546206542 RSW Bond AMT. (Port Authority) |
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15. |
CONSTITUTIONAL OFFICERS |
5:00 PM |
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ACTION
REQUESTED/PURPOSE: Conduct a Public Hearing to adopt a Resolution on
Petition to Vacate a 12-foot wide Public Utility Easement located at 406
North Ave., Lehigh Acres. (Case No.
VAC2005-00005) WHAT ACTION ACCOMPLISHES: 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. MANAGEMENT
RECOMMENDATION: |
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ACTION
REQUESTED/PURPOSE: Conduct a Public Hearing to adopt a Resolution on
Petition to Vacate a 12-foot wide Drainage and Public Utility Easement
located at 4668 Little River Ln., Fort Myers, located off of Orange River
Blvd., west of Buckingham Rd. (Case
No. VAC2005-00006). WHAT ACTION ACCOMPLISHES: 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. MANAGEMENT
RECOMMENDATION: Approve
(S35-T43S-R25E) (#5) (#20050446-Development Services) |
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ACTION
REQUESTED/PURPOSE: Conduct a Public Hearing to adopt a Resolution on
Petition to Vacate a portion of the 50-foot IDD Canal L-1 Right-of-Way
located at 6323 St. Andrew Circle S., Fort Myers, FL 33919, located off of
McGregor Blvd. (Case No. VAC2004-00023) WHAT ACTION ACCOMPLISHES: To construct a porch addition and re-roof to an
existing single-family dwelling unit built in 1971. The existing structure is partially situated in the 50-foot IDD
Canal easement. The vacation will not alter existing drainage conditions and the
easement is not necessary to accommodate any future drainage and canal
maintenance requirements. MANAGEMENT
RECOMMENDATION: Approve
(S3-T45S-R24E) (#2) (#20050441-Development Services) |
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ACTION
REQUESTED/PURPOSE: Conduct a Public Hearing to adopt a Resolution on
Petition to Vacate 12-foot wide Public Utility Easements located at 4300 Lee
Blvd., Lehigh Acres. (Case No.
VAC2005-00009) WHAT ACTION ACCOMPLISHES: To build a single commercial building site on the
combined four (4) lots. The vacation of this easement will not
alter existing utility conditions and the easement is not necessary to
accommodate any future utility requirements. MANAGEMENT
RECOMMENDATION: Approve
(S28-T44S-R26E) (#5) (#20050470-Development Services) |
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ACTION REQUESTED/PURPOSE: Adopt Resolution of Final Assessment for the
Charlee Road MSBU. Accept Charlee
Road and Drainage for maintenance by Lee County DOT. WHAT ACTION ACCOMPLISHES: Allows staff to finalize the project and begin
collecting special assessments for the project. MANAGEMENT
RECOMMENDATION: Approve
(#20050398-MSTBU Services) |
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5:05
PM |
Public
Presentation of Matters by Citizens |
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Adjourn |
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