District #1

Bob Janes

District #2

Douglas St. Cerny

Chairman

District #3

Ray Judah

District #4

Tammy Hall

Vice Chair

District #5

John E. Albion

Donald D. Stilwell

County Manager

David M. Owen

County Attorney

February 22, 2005

9:30 AM

Invocation:

Pastor Richard E. Riley

Emmanuel Baptist Church

Pledge of Allegiance

Presentations:

·         

Paulette Burton Award

(Public Resources-#20050221)

·         

Minnesota Twins Spring Training Resolution

(Commissioner St. Cerny-#20050220)

Recap

Public Comment on the Consent and Administrative Agenda

Consent Agenda:

·              

Items to be pulled for discussion by the Board

·  

Motion to approve balance of items

·  

Consideration of items pulled for discussion

Administrative Agenda

9:30 AM

Public Hearing

ACTION REQUESTED:

Adopt a non-emergency ordinance authorizing the Verandah West Community Development District to amend LCO 02-13 to modify the District’s external boundary.  (#20050171-County Attorney)

Walk-ons and Carry-overs

Commissioners' Items/Committee Appointments

County Manager Items

County Attorney Items

Adjourn until 5:00 PM

1.

COUNTY ADMINISTRATION

(a)

ACTION REQUESTED:

Enter into a Service Provider Agreement with Elizabeth J Dane to act as Marketing Representative for Washington, DC and surrounding areas for Lee County Visitor & Convention Bureau, for a total not-to-exceed annual contract amount of $150,000.00, with a contract period for the first year through September 30, 2005 with the option to renew annually for up to five years.  Authorize Chairman to execute the Services Provider Agreement.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Extends the reach of the Visitor and Convention Bureau in the Washington, DC market for visitors to Lee County and boost Lee County’s economy.  (#20050126-VCB)

2.

CONSTRUCTION AND DESIGN

(a)

ACTION REQUESTED:

Award the Construction Management Addendum under RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as Cape Coral Drivers License Interior Remodel with a Guaranteed Maximum Price (GMP) of $174,812.77 (includes CM fee of $15,263.84) to Karr Group, Inc. dba Casey Construction.  It is anticipated that this project will reach final completion in one hundred twenty (120) calendar days.  Also, approve Budget Resolution in the amount of $119,600.00 for the Lee County Tax Collector’s contribution to fund the Cape Coral Drivers License Build Out project and amend FY04/05-08/09 CIP accordingly. 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 the 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 required.

WHAT ACTION ACCOMPLISHES:

Provides the County with a Construction Manager that will provide any and all services needed for the interior remodel of the Cape Coral Drivers License office.  (#20050168-Construction and Design)

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

5.

HUMAN SERVICES

(a)

ACTION REQUESTED:

Approve a budget amendment resolution for the Department of Human Services to receive $36,452 of unanticipated revenues from the Federal Emergency Food and Shelter Program (FEMA).

WHY ACTION IS NECESSARY:

To allow deposit of unanticipated revenue and establish expenditure line items.

WHAT ACTION ACCOMPLISHES:

Amends the existing Department budget.  (#20050149-Human Services)

6.

INDEPENDENT

(a)

ACTION REQUESTED:

Approve change of ownership of lease for Riverdale Branch Library, located at the Riverdale Shopping Center, 14564 Palm Beach Boulevard, Units 54, 57, 60, 63 and 66, from Riverdale Land Trust to Riverdale Center, LLC.  All terms and conditions of the lease remain the same.

WHY ACTION IS NECESSARY:

Board must approve changes to current lease agreements.

WHAT ACTION ACCOMPLISHES:

Allows Lee County to pay the current owner all rents due to them and keep lease documents current with owner information.  (#20050152-Library)

(b)

ACTION REQUESTED:

Accept the donation of a perpetual stormwater drainage easement from a portion of Parcel STRAP 05-46-25-00-00005.0030, (a strip of land north of Alico Road) in Fort Myers, for the Alico Road Widening Project No. 4030; authorize payment of necessary fees to close and the Division of County Lands to handle and accept all documentation necessary to complete the transaction.

WHY ACTION IS NECESSARY:

The Board must accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:

The Board avoids Eminent Domain.  (#20050136-County Lands)

(c)

ACTION REQUESTED:

Authorize: 1) the Division of County Lands to make binding offers to property owners in the amount of $500.00 each for Parcels 174 and 182, Gunnery Road Widening Project No. 4055, pursuant to the Purchase Agreements; 2) the Division of County Lands to handle and accept 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 offers to property owner.  (#20050098-County Lands)

(d)

ACTION REQUESTED:

Authorize: 1) the Division of County Lands to make binding offer to property owners in the amount of $4,400.00 for Parcel 184, Gunnery Road Widening Project No. 4055, pursuant to the Purchase Agreement; 2) the Division of County Lands to handle and accept 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.  (#20050090-County Lands)

(e)

ACTION REQUESTED:

Authorize: 1) the Division of County Lands to make binding offers to property owners in the amount of $1,800.00 for Parcel 107, $1,000.00 each for Parcels 127 and 148, and $1,400.00 for Parcel 156, Gunnery Road Widening Project No. 4055, pursuant to the Purchase Agreements; 2) the Division of County Lands to handle and accept 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 offers to property owner.  (#20050089-County Lands)

(f)

ACTION REQUESTED:

Accept six Quit-Claim Deeds for right-of-way necessary for the Dewberry Lane Special Improvement MSBU for maintenance of existing roads and streetlights; authorize the Division of County Lands to handle and accept all documentation necessary; authorize payment of recording fees.

WHY ACTION IS NECESSARY:

Dewberry Lane is currently a privately owned road and the County cannot initiate maintenance without obtaining ownership.

WHAT ACTION ACCOMPLISHES:

Acquisition of right-of-way via Quit-Claim Deeds from benefited property owners.  (#20050088-County Lands)

(g)

ACTION REQUESTED:

Authorize: (1) approval of Easement Purchase Agreement for acquisition of Parcel 121, 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.  (#20041422-County Lands)

(h)

ACTION REQUESTED:

Authorize: 1) the Division of County Lands to make binding offers to property owners in the amount of $600.00 each for Parcels 126, 140, 165, 172, 178 and 186, Gunnery Road Widening Project No. 4055, pursuant to the Purchase Agreements; 2) the Division of County Lands to handle and accept 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 offers to property owner.  (#20050086-County Lands)

(i)

ACTION REQUESTED:

Authorize: 1) the Division of County Lands to make binding offers to property owners in the amount of $750.00 each for Parcels 131, 145 -147, 153, 158, and 177, Gunnery Road Widening Project No. 4055, pursuant to the Purchase Agreements; 2) the Division of County Lands to handle and accept 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 offers to property owner.  (#20050085-County Lands)

(j)

ACTION REQUESTED:

Approve and execute an easement to Lee County Electric Coop (LCEC) for the Lee/Hendry Landfill Phase 2 Project. Authorize Division of County Lands to handle all documentation necessary to complete the transaction.

WHY ACTION IS NECESSARY:

The Board must approve conveying an easement across County-owned property.

WHAT ACTION ACCOMPLISHES:

Provides an easement for electric service to the Lee/Hendry Landfill Phase 2 Project property.  (#20050150-County Lands)

(k)

ACTION REQUESTED:

Approve Purchase Agreement for acquisition of Parcel 207, Burnt Store Road Widening Project No. 4088, in the amount of $113,000; 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 purchase of the property during the voluntary acquisition phase of the project.  (#20050071-County Lands)

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

(a)

ACTION REQUESTED:

Approve award of formal quotation and issuance of a purchase order to purchase ten (10) tandem axle walking-floor trailer to the low quoter meeting all specification requirements in an amount not-to-exceed $64,500.00 per trailer.  Approve transfer from reserves in the amount of $645,000.00.

WHY ACTION IS NECESSARY:

To realize a cost savings and better reliability on work currently being contracted and purchases exceeding  $50,000 require Board approval.

WHAT ACTION ACCOMPLISHES:

Provides trailers for the Solid Waste Division to haul solid waste from its three transfer     stations.  Calculated return on investment is approximately three years.  (#20050175 - Solid Waste)

9.

TRANSPORTATION

(a)

ACTION REQUESTED:

Award B-05-06 COLLEGE PARKWAY ROADWAY LIGHTING – WEST OF SOUTH POINTE BLVD. TO WEST OF WHISKEY CREEK DRIVE to the sole bidder, meeting all bidding requirements, Highway Safety Devices, Inc., for a total not-to-exceed amount of $591,084.60, with a project completion time of 180 days.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides County with a Contractor to furnish and install roadway lighting and all necessary services, conduit and cable to make a complete lighting system and install conduit and pull boxes for future fiber.  Include sidewalk repair and spread footers for street light foundations.  (Poles, fixtures and service panel will be furnished by Lee County).  (#20050117-Transportation)

(b)

ACTION REQUESTED:

Approve award of Quote # Q-050063, Annual Quote for Pelco Products, for the Department of Transportation-Traffic Section, to the overall low quoter who met all specification requirements, Transportation Control Systems Inc., based on the unit pricing listed on the Lee County Tabulation Sheet.  The department estimates spending approximately $50,000. during the next twelve months.  Also request authority to renew this quote for four additional one-year periods, upon mutual agreement of both parties.

WHY ACTION IS NECESSARY:

Board approval is required because this expenditure will exceed $50,000.

WHAT ACTION ACCOMPLISHES:

Establishes competitive, fair market prices for the Pelco Products for the Department of Transportation.  Estimated savings to the taxpayer is $1,000.  (#20050007-Transportation)

10.

UTILITIES

(a)

ACTION REQUESTED:

Approve Change Order No. 2 to Contract 2872 with Westwind Contracting for B-04-31, Bayshore Road (SR 78) Watermain Relocation, for the Utilities Division, in the amount of $119,080.67.

WHY ACTION IS NECESSARY:

Board Approval Required.

WHAT ACTION ACCOMPLISHES:

To provide funding and formal approval for corrective activities needed for unforeseen situations and to improve constructability.  (#20050169-Utilities)

(b)

ACTION REQUESTED:

Approve award of Quote # Q-040698, Services to Repair, Replace or Supply Utility Plant Equipment, for the Utilities Division to Mader Electric Motors as the overall low quoter meeting all specification requirements.  The initial term of this agreement is for two years.  Request authority to renew this quotation for three additional one-year periods if in the interest of the County, at the expiration of the original term.  Also request authority to rescind the original award if the contracted vendor fails to meet their contractual obligation and re-award to the next lowest quoter.  Estimated annual expenditures for this award $700,000.  Funding will come from the Utilities Division budget and they will be responsible for monitoring their expenditures.

WHY ACTION IS NECESSARY:

Purchases that exceed $50,000 must be board approved.

WHAT ACTION ACCOMPLISHES:

Allows the Utilities Division to acquire these services at a fair competitive cost. Estimated annual savings is $80,000.  (#20050097-Utilities)

(c)

ACTION REQUESTED:

Approve construction of a water main extension serving VRC Crystal Warehouse.  This is a Developer contributed asset project located along Amedicus Lane approximately 600 feet north of Crystal Drive.

WHY ACTION IS NECESSARY:

To provide potable water service and fire protection to this proposed commercial development.

WHAT ACTION ACCOMPLISHES:

Complies with the Lee County Utilities line extension policy and provides adequate utility infrastructure to support development of the subject property.  (#20050138-Utilities)

(d)

ACTION REQUESTED:

Approve construction of a water distribution and gravity collection systems serving The Reserve at Estero, Phase 1.  This is a Developer contributed asset and the project is located along the north side of Estero Parkway approximately 1.5 miles east of U.S. 41south.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to this phase of the proposed single-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.  (#20050137-Utilities)

(e)

ACTION REQUESTED:

Approve construction of a water distribution and gravity collection systems serving Belle Lago, Phase 2.  This is a Developer contributed asset project located on the north side of Estero Parkway approximately 1 mile east of US 41 south.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to this phase of the proposed single-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.  (#20050121-Utilities)

(f)

ACTION REQUESTED:

Approve final acceptance, by Resolution, and recording of one (1) Utility Easement as a donation for an 8” diameter fire line serving Cypress Lake Country Club Maintenance Facility.  This is a developer-contributed asset and the project is located along the east side of Winkler Road approximately 1 mile south of Cypress Lake Drive.

WHY ACTION IS NECESSARY:

To provide water service and fire protection to this Golf Course Maintenance Facility.

WHAT ACTION ACCOMPLISHES:

Places fire line into operation and complies with the Lee County Utilities Operations Manual.  (#20050115-Utilities)

(g)

ACTION REQUESTED:

Approve final acceptance, by Resolution as a donation of one 4” diameter sewage force main extension serving Pine Island Office Park.  This is a Developer contributed asset and the project is located on the west side of Stringfellow Road approximately 2-1/2 miles south of Pine Island Road.

WHY ACTION IS NECESSARY:

To provide sanitary sewer service to this recently constructed office building.

WHAT ACTION ACCOMPLISHES:

Places the force main into operation and complies with the Lee County Utilities Operations Manual.  (#20050081-Utilities)

(h)

ACTION REQUESTED:

Approve final acceptance, by Resolution, and recording of one utility easement as a donation for one 6” diameter fire line serving the Retina Consultants Medical Office.  This is a Developer contributed asset and the project is located along the west side of Ben C. Pratt/Six Mile Cypress Parkway approximately 2,000’ south of Daniel Parkway.

WHY ACTION IS NECESSARY:

To provide fire protection to the recently constructed medical office building.

WHAT ACTION ACCOMPLISHES:

Places the fire line into operation and complies with the Lee County Utilities Operations Manual.  (#20050080-Utilities)

(i)

ACTION REQUESTED:

Approve construction of a water main extension serving Jonathan Bay.   This is a Developer contributed asset project, which is located along the west side of US 41 approximately 1 mile south Gladiolus Drive.

WHY ACTION IS NECESSARY:

To provide potable water service and fire protection to this proposed multi-family residential project.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20050129-Utilities)

11.

PARKS AND RECREATION

(a)

ACTION REQUESTED:

Authorize the establishment of one (1) new support position to assist with the fiscal function associated with land stewardship plans and management activities on Conservation 20/20 preserves.  Approve Budget Amendment Resolution and Transfer from Conservation 20/20 in the amount of $30,000.

WHY ACTION IS NECESSARY:

Board action is required for establishment of a new position.

WHAT ACTION ACCOMPLISHES:

Establishes fiscal support for the land stewardship plans and management activities on Conservation 20/20 preserves.  (#20050133-Parks and Recreation)

12.

COUNTY ATTORNEY

(a)

ACTION REQUESTED:

Approve Addendum to Cooperative Agreement between the East County Water Control District and Lee County Regarding Culvert and Roadway Responsibility.

WHY ACTION IS NECESSARY:

Board must approve cooperative Agreements with other entities.

WHAT ACTION ACCOMPLISHES:

Further clarifies the Parties respective maintenance responsibilities relative to canal crossing improvements at public roadways.  (#20050183-County Attorney)

(b)

ACTION REQUESTED:

Request Board to approve and execute the Interlocal Agreement between Lee County and the town of Fort Myers Beach, regarding splitting the costs of the first phase of the Estero Boulevard Transit Lane Feasibility Study.

WHY ACTION IS NECESSARY:

The Board approves Interlocal Agreements.

WHAT ACTION ACCOMPLISHES:

Will specify the conditions for the County’s payment to the Town and to clarify the expectations of all parties in regards to the traffic and transit evaluation, which was approved by the Board on December 21, 2004.  (#20050125-County Attorney)

(c)

ACTION REQUESTED:

Consider approval and authorize the Chairman’s signature on (1) an Amended Lease Agreement with the Boston Red Sox for their Spring Training at the City of Palms Park, and (2) an Amended License Agreement among the County, the City of Fort Myers and the Red Sox for use of the parking areas at the City of Palms Park.

WHY ACTION IS NECESSARY:

All property interests in real property whether given or taken must be approved by the Board of County Commissioners.

WHAT ACTION ACCOMPLISHES:

Updates the Lease and License Agreements for Red Sox Spring Training at the City of Palms Park.  (#20050186-County Attorney)