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

May 3, 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, 1^st 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 Gaspar Anastasi	Word of Life Church

	Pledge of Allegiance

	Presentations:
		·	Cover the Uninsured Week Resolution
			(Commissioner Janes-#20050567)
		·	Letter Carriers National Food Drive Day Resolution
			(Commissioner St. Cerny-#20050568)
		·	National Safe Kids Week Resolution
			(Commissioner Hall-#20050569)
		·	Salvation Army Week Resolution
			(Commissioner Albion-#20050570)
		·	Florida Library Days Prints Presentation
			(Cynthia Cobb-#20050571)

	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

9:35 AM	Public Hearing
	ACTION REQUESTED/PURPOSE: Consider the adoption of an ordinance adopting a small scale amendment to the Lee County Comprehensive Plan. (#20050537-Planning)

	Adjourn

CONSENT AGENDA

May 3, 2005

1.	COUNTY ADMINISTRATION
2.	CONSTRUCTION AND DESIGN
		(A)	ACTION REQUESTED/PURPOSE: Approve award of Formal Quotation #Q-050183, Janitorial Service for Various Downtown Facilities for Facilities Management, to the overall low quoter meeting specifications, U.S.S.I.; for the annual grand total price of $599,467.08 for all six sites. The initial term of this quote is for three years; also request authority to renew this quote for an additional two-year period, at the same terms and conditions, if in the best interest of Lee County. Funding will come from the individual department or division’s budget whom will be responsible for monitoring their individual expenditures. WHAT ACTION ACCOMPLISHES: Allows Facilities Management to provide reliable janitorial service for the six sites that the quote covers. MANAGEMENT RECOMMENDATION: Approve (#20050490-Facilities Management)
		(B)	ACTION REQUESTED/PURPOSE: Approve change of ownership of lease for 2201 Second Street, Ft. Myers, Florida, from First States Investors 3300, LLC to Roefsco Ft. Myers, LLC. Lee County leases 10,616 square feet in Suite 300, and 3,861 square feet of space in Suite 400 of this building. All other terms and conditions of the leases will remain the same. WHAT ACTION ACCOMPLISHES: Enables Lee County to be able to send rental payments and notices to the new owner. MANAGEMENT RECOMMENDATION: Approve (#20050520-Facilities Management)
		(C)	ACTION REQUESTED/PURPOSE: Concur with the selection of Construction Managers by the Qualification Selection Committee for RFQ-05-07, COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, and authorize staff to negotiate on a project-by-project basis the percentage and Guaranteed Maximum Price (GMP) with the following twelve (12) firms: Bundschu Kraft, Inc.; Compass Construction, Inc.; Gary Wilkes, Inc.; J.L. Wallace, Inc.; Casey Construction; Lodge Construction; Made in Rio, Inc.; Target Builders, Inc.; Taylor-Pansing, Inc.; The Chris-Tel Company; Westco Builders of Florida, Inc.; Wright Construction Corporation. WHAT ACTION ACCOMPLISHES: Provides the County with several Construction Managers, which will provide any and all services on an as-needed, project-by-project basis under the construction management process. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20050536-Construction and Design)
3.	COUNTY COMMISSIONERS
4.	COMMUNITY DEVELOPMENT
5.	HUMAN SERVICES
6.	INDEPENDENT
		(A)	ACTION REQUESTED/PURPOSE: Approve exchange of Right of Way Easements over property owned by Iona-Hope Episcopal Church and County Property known as Lakes Regional Library; authorize the payment of costs to close; authorize the Chairman to execute a Non-Exclusive Right of Way Easement and the Division of County Lands to handle all documentation necessary to complete transaction. WHAT ACTION ACCOMPLISHES: Acquires easement for future right of way needs and grants a non-exclusive easement to adjacent property owner. MANAGEMENT RECOMMENDATION: Management recommends the Board approve the requested motion. (#20050405-County Lands)
		(B)	ACTION REQUESTED/PURPOSE: Approve Purchase Agreement for acquisition of Parcel 75, Gladiolus Drive Widening Project, No. 4083 in the amount of $20,625; authorize the payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction. WHAT ACTION ACCOMPLISHES: Acquires property necessary for the widening of Gladiolus Drive and avoids condemnation proceedings. MANAGEMENT RECOMMENDATION: Management recommends the Board approve the requested motion. (#20050406-County Lands)
7.	PUBLIC SAFETY
8.	SOLID WASTE-NATURAL RESOURCES
		(A)	ACTION REQUESTED/PURPOSE: Approve for acceptance, and filing with the Clerk’s Office, Minutes Department, an after-the-fact Emergency under E-04-04, Resolution 04-08-70 for purchase order: No. 63708 for the Solid Waste Division to Stevens & Layton, Inc., for construction of a debris collection pad in the amount of $59,311.69. WHAT ACTION ACCOMPLISHES: Provides after-the-fact approval of a vendor associated with Hurricane Charley cleanup and recovery efforts. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20050517-Solid Waste)
		(B)	ACTION REQUESTED/PURPOSE: Approve award of formal quotation (RFP B&R 2661-SM111) and issuance of a purchase order to Graham Corporation, the low priced proposer, meeting all specification requirements for a main condenser in the amount of $411,360.00. WHAT ACTION ACCOMPLISHES: Provides the necessary main condenser for the Waste To Energy Expansion Project. MANAGEMENT RECOMMENDATION: Staff recommends approval of this request. (#20050533-Solid Waste)

		(C)	ACTION REQUESTED/PURPOSE: Approve and authorize the Chairman to sign a contract between Lee County and International Chimney Corp., the low price proposer, meeting all specification requirements for the supply and erection of a chimney, within the existing concrete stack at the WTE, for an amount of $333,865.00, all in accordance with RFP B&R 2661-SS409. WHAT ACTION ACCOMPLISHES: Provides the necessary third chimney (flue pipe) for the Waste To Energy Expansion Project. MANAGEMENT RECOMMENDATION: Staff recommends approval of Action Requested. (#20050534-Solid Waste)
		(D)	ACTION REQUESTED/PURPOSE: Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-05-08 ENGINEERING CONSULTANT FOR THE W-T-E EXPANSION PROJECT, and authorize negotiations to commence with the number one ranked firm: (1) HDR Engineering, Inc.; (2) Malcolm Pirnie; (3) Dvirka and Bartilucci in association with Westhorp & Associates, Inc. Also, authorize the Chairman to execute the agreements upon final negotiations. This project was anticipated and funds are available in the CIP budget. WHAT ACTION ACCOMPLISHES: Provides Lee County with a Consultant to provide professional engineering consulting services related to the financing, design review, construction monitoring, start-up, and emissions/performance acceptance testing of the County’s Waste-to-Energy facility expansion project and the facility’s operations and maintenance agreement. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20050539-Solid Waste)
9.	TRANSPORTATION
		(A)	ACTION REQUESTED/PURPOSE: Approve Supplemental Task Authorization No. 1, Contract 2472 to Gray-Calhoun and Associates in the amount of $105,319.18, under CN-03-04, Miscellaneous Traffic Engineering Services. WHAT ACTION ACCOMPLISHES: Allow Gray-Calhoun and Associates to complete the Intelligent Transportation Systems design for a section of Summerlin Road from Cypress Lake to Boy Scout. MANAGEMENT RECOMMENDATION: Recommends approval. (#20050489-Transportation)
		(B)	ACTION REQUESTED/PURPOSE: Approve for acceptance, and filing with the Clerk’s Office, Minutes Department, an after-the-fact Emergency under E-04-04, Resolution 04-08-70 for the following purchase order: No. 63390 for the Department of Transportation to Boh Brothers Construction Co., LLC for Sanibel Bridge Repairs in the amount of $634,274.93. WHAT ACTION ACCOMPLISHES: Provides after-the-fact approval of a vendor’s work associated with Hurricane Charley cleanup and recovery efforts. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20050519-Transportation)

10.	UTILITIES
11.	PARKS AND RECREATION
		(A)	ACTION REQUESTED/PURPOSE: Approve for acceptance, and filing with the Clerk’s Office, Minutes Department, an after-the-fact Emergency under E-04-04, Resolution 04-08-70 for the following purchase orders: No. 63282 for Parks and Recreation to David Wallace for grading and fill work in the not-to-exceed amount of $300,000.00; No. 63654 to Sports Systems International in amount of $91,181.00 for canopy and shade structure repairs; and Nos. 63506 (in lieu of PO 57314), and 65152 to Century Fence Co., Inc. in the not-to-exceed amount of $225,000.00. WHAT ACTION ACCOMPLISHES: Provides after-the-fact approval of vendors used by the Parks and Recreation department for work associated with Hurricane Charley cleanup and recovery efforts. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20050518-Parks and Recreation)
12.	COUNTY ATTORNEY
		(A)	ACTION REQUESTED/PURPOSE: 1) Approve an additional extension to the Lee County Emergency Resolution Declaring Lee County a Major Disaster Area for the Removal of Hurricane Debris from the Lee County Bridgeless Barrier Islands which authorizes the removal, transportation and disposal of residential hurricane debris and construction and demolition (“C&D”) materials from the bridgeless Barrier Islands through marinas on Pine Island until November 30, 2005. 2) Waive certain LDC Regulations and their enforcement during the term of the Resolution to facilitate the use of Pine Island marinas for hurricane debris removal from the Barrier Islands. WHAT ACTION ACCOMPLISHES: Allows the Post-Disaster Recovery process to continue for the Barrier Islands until November 30, 2005, in order to insure the safety and welfare of the residents on the Barrier Islands. MANAGEMENT RECOMMENDATION: Approve the above requested second extension to the Lee County Emergency Resolution, and the waiving of certain LDC Regulations and their enforcement for the use of Pine Island marinas for hurricane debris removal from the Barrier Islands during the term of the Resolution. (#20050546-County Attorney)
13.	HEARING EXAMINER
14.	PORT AUTHORITY
15.	CONSTITUTIONAL OFFICERS
		(A)	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 (#20050513-Clerk of Courts)

	(B)	ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant-Stiehl for Estate of Watson. Pursuant to Florida Statute 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 requests that you release them to the claimant. MANAGEMENT RECOMMENDATION: Approve (#20050514-Clerk of Courts)
	(C)	ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant-Clements. Pursuant to Florida Statute 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 requests that you release them to the claimant. MANAGEMENT RECOMMENDATION: Approve (#20050562-Clerk of Courts)
	(D)	ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant-Clements. Pursuant to Florida Statute 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 requests that you release them to the claimant. MANAGEMENT RECOMMENDATION: Approve (#20050563-Clerk of Courts)
	(E)	ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant-Clements. Pursuant to Florida Statute 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 requests that you release them to the claimant. MANAGEMENT RECOMMENDATION: Approve (#20050564-Clerk of Courts)

(F)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant-Gilpin. Pursuant to Florida Statute 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 requests that you release them to the claimant.

MANAGEMENT RECOMMENDATION:

Approve (#20050565-Clerk of Courts)

(G)