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

 

 

June 28, 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 AM

Invocation:

Pastor Becky Robbins/Penniman

Lamb of God Church

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

 

 

·         

Florida Paramedic of the Year Resolution

 

 

(Commissioner St. Cerny-#20050917)

 

 

·         

Human Trafficking Awareness Month Resolution

 

 

(Commissioner Janes-#20050891)

 

 

 

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

 

 

 

Walk-ons and Carry-overs

 

 

 

Commissioners' Items/Committee Appointments

 

 

 

County Manager Items

 

 

 

County Attorney Items

 

 

 

Adjourn until 5:00 PM


CONSENT AGENDA

June 28, 2005

 

1.

COUNTY ADMINISTRATION

 

 

(A)

ACTION REQUESTED/PURPOSE:

Authorize Chairman to sign a resolution that will allow for the execution of loan documents with SunTrust Bank for long term financing up to $2,400,000 of the University Overlay MSBU project and authorize Budget Amendment Resolutions and Transfer to reflect this transaction.  

WHAT ACTION ACCOMPLISHES:

Allow the implementation of Long Term Debt Financing for the University Overlay MSBU project without pledging the Non-Ad Valorem Debt Capacity of the County.

MANAGEMENT RECOMMENDATION:

Approve  (20050578-Budget Services)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve the Application for State Revenue Sharing Fiscal Year 2005-2006 and authorize Chairman to sign the application.

WHAT ACTION ACCOMPLISHES:

Each unit of government is required by the State to file an application in order to be considered for any funds to be distributed under the Revenue Sharing Act.   Allocates State Revenue Sharing monies to Lee County

MANAGEMENT RECOMMENDATION:

Approve.  (20050723-County Administration)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners to adopt a resolution authorizing the borrowing of up to $500,000 from the Tax Exempt Commercial Paper Program for the Briarcrest Circle Sewer MSBU.  MSBU projects must be included in a resolution prior to funding the improvement 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  (20050867-Budget Services)

 

2.

CONSTRUCTION AND DESIGN

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve Addendum to the Construction Manager Agreement under RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as Ortiz Correctional Facility Storage Building, to Gary Wilkes, Inc. for a Guaranteed Maximum Price (GMP) of $471,151.00 (includes CM fee of $35,496.00), with a total project completion time of 180 calendar days.   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.   This project was anticipated and funds are available within the budget.

WHAT ACTION ACCOMPLISHES:

Provides Lee County with a Construction Manager for the construction of the Ortiz Correctional Facility Storage Building.

MANAGEMENT RECOMMENDATION:

Staff recommends approval.  (#20050822-Construction & Design)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve Addendum to the Construction Manager Agreement under RFQ-01-04 COUNTY-WIDE CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as Manatee Park Visitor’s Center to Target Builders, Inc., for a total Guaranteed Maximum Price (GMP) of $263,312.00 (includes CM fee of $21,819.00), with a total completion time of five (5) months.  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.  This project was anticipated and funds are available within the budget.

WHAT ACTION ACCOMPLISHES:

Provides Lee County with a Construction Manager for the Manatee Park Visitor’s Center.  Work for this project includes all labor and material for a new modular Visitor’s Center.

MANAGEMENT RECOMMENDATION:

Approval Recommended.  (#20050850-Facilities Management)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-05-10 LEE COUNTY EMERGENCY OPERATIONS CENTER, in the following order of ranking, and authorize contract negotiations to commence with the number-one ranked firm: 1) Barany Schmitt Summers Weaver, 2) Architects Design Group, Inc. 3) Johnson Peterson Architects, Inc.  Authorize negotiations with BSSW for Part 1 services to provide for the master planning and re-zoning of the Lee County Mosquito Control District property at Buckingham Army Air Field.

WHAT ACTION ACCOMPLISHES:

Authorizes negotiations for design services contract for part one of this project to prepare overall site master planning and re-zoning services.

MANAGEMENT RECOMMENDATION:

Staff recommends approval.  (#20050862-Construction and Design)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-05-11 BOKEELIA BOAT RAMP, in the following order of ranking, and authorize contract negotiations to commence with the number-one ranked firm: 1) AIM Engineering & Surveying Inc., 2) David M. Jones Jr. & Associates Inc. and 3) Coastal Engineering Consultants Inc. This project was in the CIP and additional funds will be required.

WHAT ACTION ACCOMPLISHES:

Provides Lee County with professional services for the project known as BOKEELIA BOAT RAMP.

MANAGEMENT RECOMMENDATION:

Staff recommends approval.  (20050863-Construction and Design)

 

 

(E)

ACTION REQUESTED/PURPOSE:

Approve interlocal agreement with the Lee County School Board for the Joint Fueling Facility project.  Approve $200,000 payment to the School Board for the County’ share of cost.  This project is in the CIP and funds are available within the budget.

WHAT ACTION ACCOMPLISHES:

Provides Lee County the use of the School Board's fueling facility.  Saves approximately $300,000 by partnering with the School Board versus constructing a stand-alone Lee County fuel site.

MANAGEMENT RECOMMENDATION:

Approve interlocal.  (#20050902-Construction & Design)

 

 

(F)

ACTION REQUESTED/PURPOSE:

Approve Addendum to the Construction Manager Agreement, for RFQ-02-04 Justice Center Expansion Phase VI (Foundation & Utility Package 1), with Centex Construction (Contract #3083) to include the Guaranteed Maximum Price (GMP) for Phase VI in the amount of $3,167,468.00 (which includes the CM Fee of 4% or $121,826.00).  Also request Board approve waiving of any formal process (if needed) and authorize the use of the Direct Material Purchase Orders based on CM’s competitive process, which allows the County to purchase directly from suppliers of equipment and/or materials as a cost/time saving measure.

WHAT ACTION ACCOMPLISHES:

For work to be performed for Pod E tower foundation and utilities work consisting of auger piles, pile caps and cast in place concrete foundations.  Includes all structural work below the first floor slab, and no construction above this level.

MANAGEMENT RECOMMENDATION:

Staff recommends approval  (#20050904-Construction and Design)

 

 

(G)

ACTION REQUESTED/PURPOSE:

Award the Construction Management Agreement under RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as Lee County Justice Center Annex, Re-Roofing, to Target Builders Inc., with a Guaranteed Maximum Price of $473,023.00 (includes CM fee of $35,618.00 or 7.5%).  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 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.  Also approve budget transfer from Capital Improvement Fund Reserves in the amount of $480,000 to the Re-roofing project and amend FY 04/05 – 08/09 CIP accordingly.

WHAT ACTION ACCOMPLISHES:

Allows for the Construction Manager to provide all labor and material to provide a new roof system for the Justice Center Annex Re-Roofing project.

MANAGEMENT RECOMMENDATION:

Staff recommends approval  (#20050905-Construction & Design)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(A)

ACTION REQUESTED/PURPOSE:

Execute grant award agreement for $100,000 in supplemental funds for Woodward Manor, a 90-unit elder affordable housing complex.

WHAT ACTION ACCOMPLISHES:

Allows the county to provide supplemental funds to reduce a $174,257deficit due to overruns and assure the project completion.

MANAGEMENT RECOMMENDATION:

Execute grant award agreement.  (#20050849-Planning)

 

5.

HUMAN SERVICES

 

 

(A)

ACTION REQUESTED/PURPOSE:

Execute a Contract between Lee County Board of County Commissioners (BOCC) and The Health Planning Council of Southwest Florida, Inc. for the Housing Opportunities for Persons with AIDS Program (HOPWA).  Approve a Budget Resolution to establish funding.

WHAT ACTION ACCOMPLISHES:

Provides $ 70,139.80 for case management to eligible HIV+ Lee County residents.

MANAGEMENT RECOMMENDATION:

Enter into a contract with The Health Planning Council of Southwest Florida, Inc. to receive HOPWA case management funding; approve a budget resolution to establish funding.  (#20050818-Human Services)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve Program Amendments to Lee County's HUD CDBG Program for HUD Fiscal Years 2002, 2003 and 2004 activities and authorize the Chairman to sign the HUD Transmittal Letter and sub recipient contracts if any.

WHAT ACTION ACCOMPLISHES:

Allows for reallocation of funds to prioritized activities.

MANAGEMENT RECOMMENDATION:

Staff recommends approval  (#20050868-Human Services)

 

6.

INDEPENDENT

 

 

(A)

ACTION REQUESTED/PURPOSE:

Request Board approve Change Order #3 to RFP 03-03 ADA Paratransit Services, Contract No. 2534, with Goodwheels, Inc. to change the fee schedule rates through June 30, 2006.  The rates paid Goodwheels remain the same, however the amount paid to Lee County from Goodwheels will increase $2 per trip.  Estimated annual expenditure is $120,000.

WHAT ACTION ACCOMPLISHES:

Goodwheels, Inc. and Lee County Transit will be able to transport ADA and non-ADA passengers to provide a more efficient and cost effective coordinated transportation system within Lee County.

MANAGEMENT RECOMMENDATION:

Recommend Approval of Change Order #3.  (#20050747-Transit)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve Purchase Agreement for acquisition of Parcel 316, Imperial Street Widening Project No. 4060, in the amount of $1,114,000; 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.  (#20050786-County Lands)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Authorize: 1) the Division of County Lands to make a binding offer to property owner in the amount of $2,500 for Parcel 341-RW, Three Oaks Extension Project No. 4043, pursuant to the Purchase Agreement; 2) The Division of County Lands to handle and accept all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20050791-County Lands)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Approve Purchase Agreement for acquisition of Parcel 338, Imperial Street Widening Project No. 4060, in the amount of $336,000 (inclusive of attorney and appraiser fees); 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.  (#20050808-County Lands)

 

 

(E)

ACTION REQUESTED/PURPOSE:

Approve Purchase Agreement for acquisition of Parcels 342 & 342-SDE, Three Oaks Parkway South Extension Project No. 4043, in the amount of $80,000; 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  (#20050811-County Lands)

 

 

(F)

ACTION REQUESTED/PURPOSE:

Adopt a Resolution of Exchange relating to 1) privately owned property located in Section 10, Township 46 South, Range 24 East, and 2) County held easements located in Section 10, Township 46 South, Range 24 East; authorize Chairman to execute all documents necessary to effectuate the exchange; authorize the Division of County Lands to handle and accept all documentation to complete this transaction, and approve payment for costs to close.

WHAT ACTION ACCOMPLISHES:

Exchange of County property must be approved by the Board of County Commissioners pursuant to Florida Statute.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20050812-County Lands)

 

 

(G)

ACTION REQUESTED/PURPOSE:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $92,510 for Parcels 103 and 103SE, Three Oaks Extension Project No. 4043, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle and accept all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Makes a binding offer to property owner.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested  (#20050823-County Lands)

 

 

(H)

ACTION REQUESTED/PURPOSE:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $123,860 for Parcels 104 and 104SE, Three Oaks Extension Project No. 4043, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle and accept all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Makes a binding offer to property owner.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested  (#20050824-County Lands)

 

 

(I)

ACTION REQUESTED/PURPOSE:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $96,250 for Parcels 105 and 105SE, Three Oaks Extension Project No. 4043, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle and accept all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Makes a binding offer to property owner.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested  (#20050825-County Lands)

 

 

(J)

ACTION REQUESTED/PURPOSE:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $81,290 for Parcels 106 and 106SE, Three Oaks Extension Project No. 4043, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle and accept all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Makes a binding offer to property owner.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested  (#20050826-County Lands)

 

 

(K)

ACTION REQUESTED/PURPOSE:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $80,410 for Parcels 107 and 107SE, Three Oaks Extension Project No. 4043, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle and accept all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Makes a binding offer to property owner.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested  (#20050827-County Lands)

 

 

(L)

ACTION REQUESTED/PURPOSE:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $78,100 for Parcels 109 and 109SE, Three Oaks Extension Project No. 4043, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle and accept all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Makes a binding offer to property owner.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested  (#20050828-County Lands)

 

 

(M)

ACTION REQUESTED/PURPOSE:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $50,500 for Parcels 110 and 110SE, Three Oaks Extension Project No. 4043, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle and accept all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Makes a binding offer to property owner.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested  (#20050829-County Lands)

 

 

(N)

ACTION REQUESTED/PURPOSE:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $23,100 for Parcels 111 and 111SE, Three Oaks Extension Project No. 4043, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle and accept all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Makes a binding offer to property owner.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested  (#20050830-County Lands)

 

 

(O)

ACTION REQUESTED/PURPOSE:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $79,420 for Parcels 108 and 108SE, Three Oaks Extension Project No. 4043, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle and accept all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Makes a binding offer to property owner.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested  (#20050831-County Lands)

 

 

(P)

ACTION REQUESTED/PURPOSE:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $3,700 for Parcel 338RW, Three Oaks Extension Project No. 4043, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle and accept all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Makes a binding offer to property owner.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested  (#20050835-County Lands)

 

 

(Q)

ACTION REQUESTED/PURPOSE:

Authorize: 1) the Division of County Lands to make a binding offer to property owner in the amount of $208,000 for Parcels 327 and 327SDE, Three Oaks Extension Project No. 4043, pursuant to the Purchase Agreement; 2) the Division of County Lands to handle and accept all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested  (#20050837-County Lands)

 

 

(R)

ACTION REQUESTED/PURPOSE:

Approve and execute a utility easement to Peoples Gas System for the Justice Center. Authorize Division of County Lands to handle all documentation necessary to complete the transaction.

WHAT ACTION ACCOMPLISHES:

Provides an easement for natural gas service to the Justice Center.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20050842-County Lands)

 

 

(S)

ACTION REQUESTED/PURPOSE:

Authorize: 1) the Division of County Lands to make a binding offer to property owner in the amount of $217,000 for Parcel 323, Three Oaks Extension Project No. 4043, pursuant to the Purchase Agreement; 2) the Division of County Lands to handle and accept all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested  (#20050843-County Lands)

 

 

(T)

ACTION REQUESTED/PURPOSE:

Authorize: 1) the Division of County Lands to make a binding offer to property owner in the amount of $217,000 for Parcel 320, Three Oaks Extension Project No. 4043, pursuant to the Purchase Agreement; 2) the Division of County Lands to handle and accept all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested  (#20050844-County Lands)

 

 

(U)

ACTION REQUESTED/PURPOSE:

Approve and execute a utility easement necessary for the Briarcrest Sewer MSBU for Sanitary Sewer Connection and WWTP Abatement; authorize the Division of County Lands to handle and accept all documentation necessary; authorize payment of recording fees.

WHAT ACTION ACCOMPLISHES:

The Board must approve conveying an easement across County-owned property which provides for the installation of sewer line.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested  (#20050854-County Lands)

 

 

(V)

ACTION REQUESTED/PURPOSE:

Adopt resolution for the Briarcrest Sewer Line installation through Lee County Property pursuant to the creation of the Briarcrest Sewer Line Municipal Benefit Unit, Lee County Resolution No. 05-02-23.

WHAT ACTION ACCOMPLISHES:

Provides constructive notice of the location of the proposed sewer line through Lee County owned property.

MANAGEMENT RECOMMENDATION: